CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, JUNE 19, 2006

The regular meeting of the Bowling Green City Council, held in the Council Chamber, 304 North Church Street, Bowling Green, Ohio was called to order at 8:05 p.m. by Council President Newlove.  The meeting began with the Pledge of Allegiance.

On roll call, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Tomashefski, and Zanfardino responded.  Also present were Mayor John Quinn, Municipal Administrator John Fawcett, City Attorney Michael Marsh, Public Works Director Bill Blair, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.  Parks and Recreation Director Michelle Grigore was not present.

Council President Newlove declared the minutes of the meeting held June 5, 2006 approved as distributed.

CORRESPONDENCE

            Clerk of Council Kay Scherreik noted that a listing of budget transfers for the month of June was received from Finance Director Rebecca Underwood and distributed to Council prior to the meeting for approval.  Council Member Tomashefski moved, Zanfardino seconded, to approve the transfers as presented.  On unanimous voice vote, Council President Newlove declared motion carried.  A copy of the transfers is attached and made a part of these minutes.

            Clerk noted that copies of the Budget Summary Report for the month of May, 2006 was distributed to Council prior to this evening’s meeting.

OFFICIAL REPORTS

            Mayor John Quinn requested confirmation of the appointment of Jeff Grilliot to the Human Relations for a term expiring May 31, 2007.  Council Member Sorrells moved, Heminger seconded, to approve the appointment as presented by the Mayor.  On unanimous voice vote, Council President Newlove declared motion carried.

            Mayor Quinn noted that an updated listing of member of City Boards and Commissions was distributed to Council as well as the 2005 Mayor’s Annual Report.  Mayor Quinn thanked Lori Tretter for her work on these two projects.

            A proclamation was presented by Mayor Quinn to Parks and Recreation employee Kristin Otley proclaiming the month of July “Parks and Recreation Month” in the City of Bowling Green.

            Municipal Administrator John Fawcett reviewed street closures for the Annual Car Show being held in the downtown district from 12:00-4:00 p.m. on July 8.

            Fawcett reported that a meeting was held to discuss implementation of the civil infractions code.  Fawcett indicated that efforts to educate the public will include the distribution of flyers with utility bills, working with the dean of students at BGSU, articles in the newspapers and a page will be added to the City’s website.  The target date for implementation is September 5.  Fawcett also reported that after reviewing the code adopted by Council they found two things that need to be amended.  The first is the inclusion of the ability to issue citations for parking on other than hard dustless surfaces, i.e. parking on the grass, and to create a position in the code for a civil infractions officer.  Fawcett noted that it is anticipated that the hearing officer will be a part-time position with an average of one hearing session per month.  Legislation may be introduced at the July 17 meeting with expedited readings in order to get this in order for implementation.

            Planning Director Rick Ketzenbarger had no report.  Council Member Zanfardino asked Ketzenbarger to review the stipulations set forth regarding the fence requirements for the original Enclave apartment complex site plan and to get back with Council with the details.

            Parks and Recreation Director Michelle Grigore was not present.

            City Attorney Michael Marsh had no report.

Utilities Director Kevin Maynard had no report.

            Public Works Director Bill Blair had no report.

NEW LEGISLATION

            The following new legislation was recommended by the Administration and presented to Council for introduction:

            Council Member Zanfardino, for the Community Improvement Committee, introduced a resolution authorizing the Mayor of the City of Bowling Green, Ohio, to file an application and execute a grant agreement upon grant application approval under the Drug Abuse Resistance Education (DARE) Law Enforcement Grants Program.

            Council Member Zanfardino, for the Community Improvement Committee, introduced an ordinance amending Section 90.01 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to animal control officer; duties; bond; authorizations; impounding and fees.

            Council Member Tomashefski, for the Finance Committee, introduced a resolution transferring previously appropriated funds.

            Council Member Tomashefski, for the Finance Committee, introduced a resolution adopting the Estimate of Revenues for the year 2007.

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2006 and ending December 31, 2006.

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance for cleaning of streets by special assessment.

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for an in-ground irrigation system at Simpson Garden Park.

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance amending and adopting Section 33.44 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to continuation of benefits during military leave, and declaring an emergency.

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance amending and adopting Section 33.23(B) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to medical and dental insurance.

            Council Member Newlove, for the Parks and Recreation Committee, introduced an ordinance amending and adopting Chapter 97 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding parks.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting annexation of approximately 3.15 acres of land in Center Township, Wood County, Ohio, from Monte A. & Rebecca C. Davenport, petitioners.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance establishing interim zoning of R-2 Single Family Residential zoning for the approximately 3.15 acres of land located at 11367 Napoleon Road, owned by Monte A. & Rebecca C. Davenport, and recently annexed to the City of Bowling Green.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance authorizing the Municipal Administrator to enter into a correcting amendment to the Enterprise Zone Agreement with Rosenboom Machine & Tool, Inc., and declaring an emergency.

COUNCIL COMMITTEE REPORTS.

            There were no Council committee reports.

LOBBY VISITATIONS

            There were no lobby visitations.

READING OF LEGISLATION

            Clerk read Resolution #3306 transferring previously appropriated funds, for first reading.

            Council Member Tomashefski moved, McOmber seconded, to suspend the rules and give Resolution #3306 its second and third reading.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Tomashefski, Zanfardino, and Frost voted yes.  Council President Newlove declared motion carried, and rules suspended.

            Clerk read Resolution #3306 for second and third reading by number and title only.

            Council Member Tomashefski moved, Frost seconded, to adopt Resolution #3306.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Tomashefski, Zanfardino, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Resolution #3306 adopted.

            Clerk read Resolution #3307 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application and execute a grant agreement upon grant application approval under the Drug Abuse Resistance Education (DARE) Law Enforcement Grants Program, for first reading.

            Clerk read Resolution #3308 adopting the Estimate of Revenues for the year 2007, for first reading.

            Council Member Tomashefski moved, Heminger seconded, to suspend the rules and give Resolution #3308 its second and third reading.  ON roll call vote, Council Members Newlove, Sorrells, Tomashefski, Zanfardino, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and rules suspended.

            Clerk read Resolution #3308 for second and third reading by number and title only.

            Council Member Tomashefski moved, Zanfardino seconded, to adopt Resolution #3308.  On roll call vote, Council Members Sorrells, Tomashefski, Zanfardino, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Resolution #3308 adopted.

            Clerk read Ordinance #7573 amending Section 90.01 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to animal control officer; duties; bond; authorizations; impounding and fees, for first reading.

            Clerk read Ordinance #7574 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2006 and ending December 31, 2006, for first reading.

            Council Member Tomashefski moved, McOmber seconded, to suspend the rules and give Ordinance #7574 its second and third reading.  On roll call vote, Council Members Tomashefski, Zanfardino, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and rules suspended.

 Clerk read Ordinance #7574 for second and third reading by number and title only.

            Council Member Tomashefski moved, Zanfardino seconded, to adopt Ordinance #7574.  On roll call vote, Council Members Zanfardino, Frost, Heminger, McOmber, Newlove, Sorrells, and Tomashefski voted yes.  Council President Newlove declared motion carried, and Ordinance #7574 adopted.

            Clerk read Ordinance #7575 for cleaning of streets by special assessment, for first reading.

            Clerk read Ordinance #7576 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for an in-ground irrigation system at Simpson Garden Park, for first reading.

            Clerk read Ordinance #7577 amending and adopting Section 33.44 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to continuation of benefits during military leave, and declaring an emergency, for first reading.

            Council Member Tomashefski moved, Heminger seconded, to suspend the rules and give Ordinance #7577 its second and third reading.  On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Tomashefski, and Zanfardino voted yes.  Council President Newlove declared motion carried, and rules suspended.

            Clerk read Ordinance #7577 for second and third reading by number and title only.

            Council Member Tomashefski moved, Zanfardino seconded, to adopt the emergency clause for Ordinance #7577.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Tomashefski, Zanfardino, and Frost voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

            Council Member Tomashefski moved, Zanfardino seconded, to adopt Ordinance #7577.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Tomashefski, Zanfardino, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7577 adopted.

            Clerk read Ordinance #7578 amending and adopting Section 33.23(B) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to medical and dental insurance, for first reading.

            Clerk read Ordinance #7579 amending and adopting Chapter 97 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding parks, for first reading.

            Clerk read Ordinance #7580 accepting annexation of approximately 3.15 acres of land in Center Township, Wood County, Ohio, from Monte A. & Rebecca C. Davenport, petitioners, for first reading.

            Clerk read Ordinance #7581 establishing interim zoning of R-2 Single Family Residential zoning for the approximately 3.15 acres of land located at 11367 Napoleon Road, owned by Monte A. & Rebecca C. Davenport, and recently annexed to the City of Bowling Green, for first reading.

            Council Member Frost announced that a public hearing will be held for Ordinance #7581 on August 7, 2006 at 7:30 p.m. in the Council Chamber.

            Clerk read Ordinance #7582 authorizing the Municipal Administrator to enter into a correcting amendment to the Enterprise Zone Agreement with Rosenboom Machine & Tool, Inc., and declaring an emergency, for first reading.

            Clerk read Resolution #3305 adopting the BG Transit Vehicle Safety Program Manual, for second reading.

            Clerk read Ordinance #7569 relating to the requests for and establishing fees for copies of public records, for second reading.

            Clerk read Ordinance #7570 authorizing the Utilities Director to execute a Combustion Turbine Power Schedule with American Municipal Power-Ohio, Inc. (AMP-Ohio) in order to purchase capacity and associated energy output from AMP-Ohio combustion turbine generating units, and declaring an emergency, for second reading.

            Clerk read Ordinance #7571 authorizing the Utilities Director to execute a Power Supply Agreement with American Municipal Power-Ohio for the Combustion Turbine project, for second reading.

            Clerk read Ordinance #7572 accepting an easement for right-of-way purposes from  Bowling Green Associates, LLC, for the construction of sidewalks at the Enclave II Apartment Complex, for second reading.

            Clerk read Ordinance #7560 authorizing the sale of a miscellaneous vehicle as no longer necessary for municipal purposes, for third reading.

            Council Member Tomashefski moved, Frost seconded, to adopt Ordinance #7560.  On roll call vote, Council Members Newlove, Sorrells, Tomashefski, Zanfardino, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7560 adopted.

            Clerk read Ordinance #7561 authorizing the Municipal Administrator and the Utilities Director to advertise for bids and enter into a contract or contracts for the supplying and cleaning of uniforms for the Department of Public Works and the Department of Utilities, for third reading.

            Council Member Tomashefski moved, Sorrells seconded, to adopt Ordinance #7561.  On roll call vote, Council Members Sorrells, Tomashefski, Zanfardino, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7561 adopted.

            Clerk read Ordinance #7562 amending and adopting Section 33.31 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to uniforms for City employees, for third reading.

            Council Member Tomashefski moved, Heminger seconded, to adopt Ordinance #7562.  On roll call vote, Council Members Tomashefski, Zanfardino, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7562 adopted.

            Clerk read Ordinance #7563 amending and adopting Section 33.22(1), Section 33.22(A)(8), and Section 33.22(B)(8) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to sick leave, for third reading.

            Council Member Tomashefski moved, Zanfardino seconded, to adopt Ordinance #7563.  On roll call vote, Council Members Zanfardino, Frost, Heminger, McOmber, Newlove, Sorrells, and Tomashefski voted yes.  Council President Newlove declared motion carried, and Ordinance #7563 adopted.

            Clerk read Ordinance #7564 establishing interim zoning of R-2 Residential for the Converse property located at 17279 North Dixie Highway and recently annexed to the City of Bowling Green, for third reading.

            Council Member Frost moved, Tomashefski seconded, to adopt Ordinance #7564.  On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Tomashefski, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7564 adopted.

            Clerk read Ordinance #7565 amending the Zoning District Map for the property generally known as 850 West Poe Road from R-3 Multiple Family Residential to   B-4 Office District zoning, for third reading.

            Council Member Frost moved, McOmber seconded, to adopt Ordinance #7565.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Tomashefski, Zanfardino, and Frost voted yes.  Council President Newlove declared motion carried, and Ordinance #7565 adopted.

            Clerk read Ordinance #7566 approving the S-District Site Plan for additional parking and signage at the Enclave II Apartments located at 908 Klotz Road, for third reading.

            Council Member Frost moved, McOmber seconded, to adopt Ordinance #7566.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Tomashefski, and Frost voted yes.  Council Members Zanfardino and Heminger voted no.  Council President Newlove declared motion carried, and Ordinance #7566 adopted.

            Clerk read Ordinance #7567  approving the S-District Site Plan, with waivers, for the addition to the Heritage Inn located at 1069 Klotz Road, for third reading.

            Council Member Frost moved, McOmber seconded, to adopt Ordinance #7567.  On roll call vote, Council Members Newlove, Sorrells, Tomashefski, Zanfardino, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7567 adopted.

Council Member Zanfardino moved, Frost seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the June 19, 2006 regular meeting of the City Council at 8:42 p.m., subject to call.