MONDAY, JULY 17, 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 8:00 p.m. by Council President Newlove.  The meeting began with the Pledge of Allegiance.

 

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

 

Council President Newlove declared the minutes of the meeting held June 19, 2006 approved as distributed.

 

 

CORRESPONDENCE

 

            Clerk noted that a listing of budget transfers for the month of July was received from Finance Director Rebecca Underwood and distributed to Council prior to the meeting for approval.  Council Member Heminger moved, Tomashefski 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 June, 2006 was distributed to Council prior to this evening’s meeting.

 

 

OFFICIAL REPORTS

 

            Mayor John Quinn requested confirmation of the following appointments to City Boards and Commissions:

 

·         Bruce Stevens – Outdoor Advertising Commission expiring 5/31/09

·         Christopher Scholl – Parks & Recreation Board expiring 5/31/10

 

Council Members moved, Heminger seconded, to approve the appointments presented by the Mayor.  On unanimous voice vote, Council President Newlove declared motion carried.

 

            Council President Newlove read and presented a framed copy of a resolution adopted by City Council honoring Ken Lohman for his dedicated service on the Board of Public Utilities.

 

            Mayor Quinn noted that TMACOG (Toledo Metropolitan Area Council of Governments) will be holding its General Assembly on July 27 in Put-in-Bay.  Quinn noted that Bowling Green Chamber of Commerce is holding his mid-year luncheon the same day and many of the City’s administrative staff will be attending the luncheon rather than the TMACOG assembly.  However, the Mayor invited Council Members interested in attending the TMACOG function to contact his office to RSVP as soon as possible.

 

            Mayor Quinn announced to Council that a progress report will be given on the Community Collaboration project on Tuesday, September 19, at 4:30 p.m. at the Simpson Building.  Quinn invited Council Members to attend.

 

            Police Chief Gary Spencer invited Council Members and the community to attend the annual National Night Out which will be held at the City Park on August 1 from   6:30-9:30 p.m.

 

            Council Member McOmber asked Mayor Quinn to update Council on the library’s plans to build a parking lot on the corner of N. Church and Court Street.  Mayor Quinn indicated that he did not know what their plans were at this point and referred to City Attorney Michael Marsh to address Council’s legal concerns.

 

            Marsh indicated that he was not aware of the library’s current plans either, however, but affirmed that he is in agreement with the letter issued last year from Wood County Prosecutor Ray Fischer that the library board does not have to get the City’s permission to build a parking lot on the property in question.  Marsh noted that his interpretation of the state law is that the library does not have to comply with city codes and does not have to make an effort comply.  Council Member Tomashefski asked the Administration to provide Council with another copy of Ray Fischer’s letter regarding this issue.

 

            Municipal Administrator John Fawcett announced to City Council that new security procedures for the City Administrative Services Building will be put into effect on Monday, July 24.  Fawcett indicated that effective Monday the Church Street entrance to the building will be locked at all times and used as a fire exit only.  Citizens attempting to access the building through that entrance will be instructed to use one of the three entrances in the rear of the building.  Fawcett also noted that visitors in the building after 4:30 p.m. will be escorted to an exit upon completion of their business. 

 

            Planning Director Rick Ketzenbarger reported that the Planning Commission will be holding its August 2 meeting at the Simpson Building in order to accommodate presentations on the Downtown Master Plan and City Parks.

 

            Council Member Tomashefski asked for follow up on the required fence at the Enclave apartment complex.  Ketzenbarger responded that the property owner has been instructed to reinstall an 8 foot fence that was approved as part of the original site plan approved by City Council.

 

            Parks and Recreation Director Michelle Grigore commented that a report was distributed to Council regarding the first year of operations of the Community Center.

 

            City Attorney Michael Marsh had no report.

 

            Utilities Director Kevin Maynard had no report.

 

            Public Works Director Bill Blair reported that heavy item pick up will be performed the week of August 7.  Blair also reported that the City’s sidewalk projects is currently out for bids and noted that Council Member Sorrells will report what projects were approved.

 

 

NEW LEGISLATION

 

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

 

            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 amending and adopting Section 33.21 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to personal business leave.

 

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance adopting Section 33.03(C) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to pay for School Police, Interns, and Civil Infractions Officer.

 

            Council Member Tomashefski, for the Finance Committee, introduced an ordinance amending and adopting Section 33.03(A) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to pay for School Police, Interns, and Civil Infractions Officer, and declaring an emergency.

 

            Council Member Sorrells, for the Transportation and Safety Committee, introduced a resolution authorizing the Municipal Administrator to enter into a contract to provide fire protection for the Wood County Agricultural Society.

 

            Council Member Sorrells, for the Community Improvement Committee, introduced a resolution authorizing the Mayor of the City of Bowling Green, Ohio, to file an application(s) with the Ohio Department of Transportation for grants through the US DOT Federal Transit Administration (FTA), as authorized under Federal Transit Laws, as Codified, 49 USC, Section 5311, Financial Assistance for other than urbanized areas and funds available from the Ohio Public Transportation Grant Program and executing a contract with the Ohio Department of Transportation upon grant application approval  .

 

            Council Member Sorrells, for the Transportation and Safety Committee, introduced an ordinance authorizing the Municipal Administrator to enter into a contract with the Ohio Department of Transportation for the widening of North Main Street (State Route 25) project.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute the sixth modification to the Northwest Area Service Group Pool Participant Schedule.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting annexation of approximately 42.016 acres of land in Plain Township, Wood County, Ohio, from Bowling Green Church of the Nazarene, petitioner.

 

            Council Member Frost, for the Community Improvement Committee, introduced an ordinance amending and adopting Section 38.02(A) and Section 38.14 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding civil infractions, and declaring an emergency.

 

 

COUNCIL COMMITTEE REPORTS

 

            Council Member Sorrells reported that the Sidewalk Commission on June 29 and approved the following sidewalk projects:

 

·         one side of Parker Street from Haskins Road to the Wood County Hospital at an approximate cost of $22,000;

·         west side of N. Prospect Street from Frazee Avenue to Poe Road at an approximate cost of $11,300;

·         west side of Campbell Hill Road from Carter Park to Clough Street at an approximate cost of $14,500;

·         west side of S. Wintergarden from Wintergarden Park to the Stone Ridge Condominiums at an approximate cost of $13,500;

·         south side of West Wooster Street from Murifield Drive to Wintergarden Road be constructed at an estimated cost of $51,600 from the remainder of the bond.

 

The Commission also directed Public Works Director Bill Blair to obtain the necessary easements for sidewalk construction on West Gypsy Lane from Anna Lane to the Slippery Elm Trail.

 

 

LOBBY VISITATIONS

 

            Earlene Kilpatrick, Main Street BG, thanked the City for their support for the annual car show held the weekend of July 8.

 

 

READING OF LEGISLATION

 

            Clerk read Resolution #3309 authorizing the Municipal Administrator to enter into a contract to provide fire protection for the Wood County Agricultural Society, for first reading.

 

            Clerk read Resolution #3310 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application(s) with the Ohio Department of Transportation for grants through the US DOT Federal Transit Administration (FTA), as authorized under Federal Transit Laws, as Codified, 49 USC, Section 5311, Financial Assistance for other than urbanized areas and funds available from the Ohio Public Transportation Grant Program and executing a contract with the Ohio Department of Transportation upon grant application approval, for first reading.

  

            Clerk read Ordinance #7583 amending and adopting Section 38.02(A) and Section 38.14 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding civil infractions, and declaring an emergency, for first reading.

 

            Clerk read Ordinance #7584 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 #7584 its second and third reading.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Tomashefski, and Frost voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Ordinance #7584 for second and third reading by number and title only.

 

            Council Member Tomashefski moved, McOmber seconded, to adopt Ordinance #7584.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Tomashefski, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7584 adopted.

 

            Clerk read Ordinance #7585 amending and adopting Section 33.21 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to personal business leave, for first reading.

 

            Clerk read Ordinance #7586 adopting Section 33.03(C) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to pay for School Police, Interns, and Civil Infractions Officer, for first reading.

 

            Clerk read Ordinance #7587 amending and adopting Section 33.03(A) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to pay for School Police, Interns, and Civil Infractions Officer, and declaring an emergency, for first reading.

 

            Clerk read Ordinance #7588 authorizing the Municipal Administrator to enter into a contract with the Ohio Department of Transportation for the widening of North Main Street (State Route 25) project, for first reading.

 

            Clerk read Ordinance #7589 authorizing the Utilities Director to execute the sixth modification to the Northwest Area Service Group Pool Participant Schedule, for first reading.

 

            Clerk read Ordinance #7590 accepting annexation of approximately 42.016 acres of land in Plain Township, Wood County, Ohio, from Bowling Green Church of the Nazarene, petitioner, for first reading.

 

            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 second reading.

 

            Council Member Frost moved, Tomashefski seconded, to suspend the rules and give Resolution #3307 its second and third reading.  On roll call vote, Council Members Newlove, Sorrells, Tomashefski, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Resolution #3307 for third reading by number and title only.

 

            Council Member Frost moved, Heminger seconded, to adopt Resolution #3307.  On roll call vote, Council Members Sorrells, Tomashefski, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Resolution #3307 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 second reading.

 

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

  

            Council Member Tomashefski moved, McOmber seconded, to suspend the rules and give Ordinance #7575 its third reading.  On roll call vote, Council Members Tomashefski, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Ordinance #7575 for third reading by number and title only.

 

            Council Member Tomashefski moved, McOmber seconded, to adopt Ordinance #7575.  On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, and Tomashefski voted yes.  Council President Newlove declared motion carried, and Ordinance #7575 adopted.

 

            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 second reading.

 

            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 second reading.

 

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

 

            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 second reading.

 

            Council Member Frost moved, McOmber seconded, to suspend the rules and give Ordinance #7582 its third reading.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Tomashefski, and Frost voted yes.  Council President Newlove declared motion carried, and rules suspended.

 

            Clerk read Ordinance #7582 for third reading by number and title only.

 

            Council Member Frost moved, McOmber seconded, to adopt the emergency clause for Ordinance #7582.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Tomashefski, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

 

            Council Member Frost moved, Tomashefski seconded, to adopt Ordinance #7582.  On roll call vote, Council Members Newlove, Sorrells, Tomashefski, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7582 adopted.

 

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

 

            Council Members moved, Heminger seconded, to adopt Resolution #3305.  On roll call vote, Council Members Sorrells, Tomashefski, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Resolution #3305 adopted.

 

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

 

            Council Member Tomashefski moved, Sorrells seconded, to adopt Ordinance #7569.  On roll call vote, Council Members Tomashefski, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7569 adopted.

  

            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 third reading.

 

            Council Member McOmber moved, Sorrells seconded, to adopt the emergency clause for Ordinance #7570.  On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, and Tomashefski voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

 

            Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7570.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Tomashefski, and Frost voted yes.  Council President Newlove declared motion carried, and Ordinance #7570 adopted.

 

            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 third reading.

 

            Council Member McOmber moved, Heminger seconded, to adopt Ordinance #7571.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Tomashefski, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7571 adopted.

 

            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 third reading.

 

            Council Member Frost moved, Sorrells seconded, to adopt Ordinance #7572.  On roll call vote, Council Members Newlove, Sorrells, Tomashefski, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7572 adopted.

 

            Council Member Frost moved, Tomashefski seconded, to excuse Council Member Zanfardino from this evening’s meeting.  On roll call vote, Council President Newlove declared motion carried.

 

Council Member Heminger moved, Frost seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the July 17, 2006 regular meeting of the City Council at 8:50 p.m., subject to call.