CITY OF BOWLING GREEN CITY COUNCIL

 

MONDAY, MARCH 3, 2008

 

 

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 8:10 p.m. by Council President Newlove.  The meeting began with the Pledge of Allegiance.

 

On roll call, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino responded.  Also present were Mayor John Quinn, Municipal Administrator John Fawcett, City Attorney Michael Marsh, Parks and Recreation Director Michelle Grigore, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.

 

Council President Newlove declared the minutes of the meeting held February 19, 2007 approved as distributed.

 

 

CORRESPONDENCE

 

            The Clerk of Council reported that the following two applications were received from the Ohio Division of Liquor Control:

 

·         Class D5I for Ferrell Enterprises, Inc., dba SamB’s, located at 163 S. Main Street, Bowling Green, Ohio;

·         Class D3A for CBS The Beat, Inc., dba CBS The Beat, located at 109 S. Main Street, Bowling Green, Ohio.

 

The Clerk noted that a check of the records was received from the Police Division and no detrimental information was reported.

 

 

OFFICIAL REPORTS

 

            Mayor John Quinn requested confirmation of the appointment of Dillon Thompson as the BGSU representative on the Bicycle Safety Commission for a term expiring 5/31/08.  Mayor Quinn indicated that Dillon will be a returning student and can be reappointed in May to continue service on the commission.  Council Member Sorrells moved, Dunn seconded, to approve the appointment as presented by the Mayor.  On unanimous voice vote, Council President Newlove declared motion carried.

 

            Mayor Quinn reported that the committee overseeing the annual industrial site visits throughout Bowling Green completed their work as of Friday and generally found that the mood is optimistic and that the business are doing well.

 

            Municipal Administrator John Fawcett had no report.

 

            Planning Director Rick Ketzenbarger had no report.

 

            Parks and Recreation Director Michelle Grigore had no report.

 

            City Attorney Michael Marsh had no report.

 

            Utilities Director Kevin Maynard had no report.

 

            Public Works Director Brian Craft reported that the Sidewalk Commission will meet on March 20 at 7:00 p.m. to discuss this year’s sidewalk projects.  Craft also reported that work is scheduled to begin mid-March on the Gypsy Lane/Klotz Road sewer project.

 

 

NEW LEGISLATION

 

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

  

            Council Member Newlove, for the Finance Committee, introduced an ordinance amending and adopting Section 33.18 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to salaried employees not subject to overtime pay.

 

            Council Member Newlove, for the Finance Committee, introduced an ordinance amending and adopting Section 33.19 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to overtime pay.

 

 

COUNCIL COMMITTEE REPORTS

 

            There were no Council committee reports.

 

 

LOBBY VISITATIONS

 

            Bill Blair, 1023 Pinewood Court, addressed concerns in Council Member Dunn’s report to Council regarding the Larch Landing petition for city services.  Blair took exception to several items in Dunn’s report indicating that in his opinion they were not legitimate concerns.

 

            Joyce Kepke, 1132 Lyn Road, asked that if the City accepts the private streets in the Larch Landing development that were not originally built to City specifications, how can the City turn down future developments that are built not to City specifications and then asked to be accepted after the fact.  Does it set a precedent for future developments?  City Attorney Michael Marsh responded that he is not a big believer in the fact that if you do something one time that you have to do it at another time.  Marsh noted that issues come to Council on a case by case basis and are decided on their merit.  Marsh also indicated that there are already other developments that have contacted the City and said that if services are granted to the private streets in Larch Landing that they will want the same.  Council Member McOmber responded to Mrs. Kepke’s question by indicating that he would support ordinances that would prohibit private streets in the future.  Council Member Sorrells commented that he would not support eliminating all private streets as there are some developments where they are necessary.

 

            Bob Hudson, 229 Willowood, commented that he thought that private streets were already not allowed anymore and asked Planning Director Rick Ketzenbarger for clarification.  Ketzenbarger responded that they are only allowed in S-Districts and where the Planning Commission makes a special exception in a plat.  Mr. Hudson indicated that he would like to see a committee formed to look at the private street issue and changes that could be made to the zoning code to allow developments such as Larch Landing to exist as it is currently built.

 

            Sandy Rowland, 200 Larchwood Drive, told Council that there are many residents in Larch Landing that are willing to dedicate their time and energy to sit down with the City to come up with standards or guidelines to address all the questions and concerns about this issue.

 

            Council President Newlove requested a motion of Council regarding the petition set before them from the Larch Landing residents. Council Member McOmber moved, Heminger seconded, to accept the petition for full city services as presented to Council.

 

            Council Member McOmber indicated that he intends to vote no to granting the petition, but that it doesn’t mean that he isn’t interested in potentially providing services to Larch Landing if it can be done in a way that has been discussed and amendments are made to the zoning code for this type of development.  McOmber indicated that he sees a big difference between making exceptions to the code and accepting the streets in Larch Landing as is and developing zoning code changes and having the development meet those standards retroactively. 

 

            Council Member Newlove agreed with McOmber and stated that the entire situation needs to be addressed rather than one specific development.  Newlove indicated that she is concerned with Council reviewing every development and making exceptions and that it needs to be addressed as a whole.  Council Member Frost stated that the City needs to have the tools in place before it deviates from the original standards.  Council Member Sorrells indicated that the Mayor suggested a path whereby Council can direct the Administration to look at revising the standards for this type of development and private streets.  Council Member Zanfardino indicated that this motion requires Council to vote on this before the work on the issue is complete.  On roll call vote, Council Members Frost, McOmber, Newlove, Sorrells, and Dunn voted no.  Council Members Heminger and Zanfardino voted yes.  Council President Newlove declared motion defeated.

 

            Council Member Dunn then made a motion to request the City Administration to develop a set of standards and conditions whereby they could comfortably recommend that if those conditions were met that Council would accept a private street in any of the private developments in the City as a public street.  Council Member Sorrells seconded the motion.  Council Members indicated that they need to have clear cut parameters that can be applied to every private development in the City.  After some discussion among Council Members regarding the motion, on roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried.

 

 

READING OF LEGISLATION

 

            Clerk read Ordinance #7763 amending and adopting Section 33.18 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to salaried employees not subject to overtime pay, for first reading.

 

            Clerk read Ordinance #7764 amending and adopting Section 33.19 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to overtime pay, for first reading.

 

            Clerk read Resolution #3359 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application and execute a contract upon grant application approval under the Community Development Block Grant:  Entitlement Program as authorized by the Housing and Community Development Act of 1974, as amended, for second reading.

 

            Clerk read Ordinance #7756 amending and adopting Section 33.27 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to vacations, for second reading.

 

            Clerk read Ordinance #7757 certifying unpaid cost of snow removal to the County Auditor for placement on the tax duplicate, for second reading.

 

            Clerk read Ordinance #7758 authorizing the Utilities Director to advertise for bids and enter into a contract or contacts, and/or to participate in the State of Ohio purchasing programs for the purchase of vehicles and equipment, as well as authorizing the trade-in, transfer or sale of vehicles and equipment utilized by the utility divisions, for second reading.

 

            Clerk read Ordinance #7759 amending and adopting Section 51.06 of the Codified Ordinances of the City of Bowling Green, Ohio, relative to back flow prevention, for second reading.

 

            Clerk read Ordinance #7760 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the purchase of agricultural drainage system materials for approximately 100 acres of the 300 acres of city owned property near the intersection of Carter Road and Anderson Road, for second reading.

 

            Clerk read Ordinance #7761 accepting annexation for approximately 21.6130 acres of land in Plain Township, Wood county, Ohio, from Bowling Green Christian Academy, petitioners, for second reading.

 

            Clerk read Ordinance #7762 amending and adopting Section 150.21 of the Codified Ordinances of the City of Bowling Green, Ohio, with respect to entranceways in the B-3 Central Business District, for second reading.

 

            Clerk read Ordinance #7754 amending and adopting Section 70.40(C)(2) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding inoperable vehicles, for third reading.

 

             Council Member Frost moved, Sorrells seconded, to adopt Ordinance #7754.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7754 adopted.

 

Council Member McOmber moved, Frost seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the March 3, 2008 regular meeting of the City Council at 8:52 p.m., subject to call.