March 19, 2007
MONDAY, MARCH 19, 2007
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 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, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger. Public Works Director Bill Blair was not present.
Council President Newlove declared the minutes of the meeting held March 5, 2007 approved as distributed.
CORRESPONDENCE
Clerk noted that a listing of budget transfers for the month of March was received from Finance Director Rebecca Underwood and distributed to Council prior to the meeting for approval. Council Member McOmber moved, Sorrells 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 February, 2007 was distributed to Council prior to this evening’s meeting.
Clerk reported that the following applications were received from the Ohio Division of Liquor Control:
· Transfer of Class D1, D2 & D3 permit from Sarah J. Foster, dba Call of the Canyon Café, located at 109 N. Main Street, Bowling Green, to GJG of Northwest Ohio, LLC, dba Reverend Chicos, located at 130 E. Wooster Street, Bowling Green;
· Transfer of Class C1 & C2 permit from BP Products North America, Inc., dba BP Food Mart #6507, located at 1670 E. Wooster Street, Bowling Green, to J F Enterprises, Inc., at the same location.
· New Class D1 permit for Nick Tokles, dba Nicks Towne Tavern, located at 145-147 N. Main Street, Bowling Green.
A check of the records was requested for the above permit applications, but not yet received.
OFFICIAL REPORTS
Mayor John Quinn reported that 11 citizens have stepped up to volunteer to serve on a committee to explore a celebration marking Bowling Green’s 175th anniversary, therefore he is moving forward with the formation of the committee. Mayor Quinn noted that he may still recruit a few more interested people.
Municipal Administrator John Fawcett reported that the City has received word that we will be receiving $312,118 in CDBG funds this year, which is only approximately $500 less than last year. Fawcett also updated Council on the status of the hiring process to replace employees who have either left their employment with the City or retired and reviewed the progress on the South Main Street repaving project.
Council Member Frost asked Fawcett for clarification concerning a letter that went out to citizens regarding the location of mailboxes. Fawcett indicated that 576 letters were sent to residents as a result of concerns voiced by the City’s snowplow drivers. He noted that the letters pointed out the possibility of unsound construction, or mailboxes that may be leaning towards the street. Fawcett also indicated that the letter was deficient in explaining the fact that some mailbox posts were actually installed over
the curb line and when people who called his office and had this explained to them, seemed to be satisfied with that explanation. Fawcett clarified that the city does not expect people to go out and relocate their mailboxes, but wants people to know that if the city plow hits a mailbox, the city will replace it. However, if the mailbox is damaged by the snow that is being plowed, the city will not cover the replacement.
Planning Director Rick Ketzenbarger had no report.
Parks and Recreation Committee Michelle Grigore reported that an aquatic survey was mailed to registered voters and the deadline for returning the survey is April 15. Grigore indicated that 350 surveys have been returned so far and they plan to have the results available sometime in May.
City Attorney Michael Marsh had no report.
Utilities Director Kevin Maynard had no report.
Public Works Director Bill Blair was not present.
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 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.
Council Member Newlove, 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, 2007 and ending December 31, 2007.
Council Member Newlove, 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 Newlove, for the Finance Committee, ordinance amending Section 95.99(A) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning penalties related to city income tax collection and filing, and declaring an emergency.
Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute “Attachment A” to the Northwest Area Service Group Pool Participant Schedule, and declaring an emergency.
Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute one or more non-pool power sale schedules, and declaring an emergency.
Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance establishing interim zoning for approximately 7.69 acres of land recently annexed to the City of Bowling Green, Ohio, from Alvar W. & Lynn R. Carlson.
COUNCIL COMMITTEE REPORTS
There were no council committee reports.
LOBBY VISITATIONS
Tom Bethany, Undergraduate Student Government at BGSU, addressed Council and thanked the city for the new crosswalk on Mercer Road near Alumni Drive. Bethany indicated that he as received many positive comments about the crosswalk from students.
Max Rayle, representing property owner Doug Valentine, addressed Council indicating that his client is still in opposition of proposed Ordinance #7658 and the vacation of a portion of Gould Street which would result in land-locking Mr. Valentine’s property.
READING OF LEGISLATION
Clerk read Resolution #3334 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 first reading.
Clerk read Ordinance #7662 providing supplemental appropriations for the current expenses and other expenditures of the City of Bowling Green, Ohio, during the fiscal year beginning January 1, 2007 and ending December 31, 2007, for first reading.
Council Member Newlove moved, Frost seconded, to suspend the rules and give Ordinance #7662 its second and third reading. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7662 for second and third reading by number and title only.
Council Member Newlove moved, Sorrells seconded, to adopt Ordinance #7662. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Ordinance #7662 adopted.
Clerk read Ordinance #7663 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 #7664 amending Section 95.99(A) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning penalties related to city income tax collection and filing, and declaring an emergency, for first reading.
Council Member Newlove moved, Heminger seconded, to suspend the rules and give Ordinance #7664 its second and third reading. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7664 for second and third reading by number and title only.
Council Member Newlove moved, Frost seconded, to adopt the emergency clause for Ordinance #7664. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member Newlove moved, Sorrells seconded, to adopt Ordinance #7664. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7664 adopted.
Clerk read Ordinance #7665 authorizing the Utilities Director to execute “Attachment A” to the Northwest Area Service Group Pool Participant Schedule, and declaring an emergency, for first reading.
Council Member McOmber moved, Heminger seconded, to suspend the rules and give Ordinance #7665 its second and third reading. On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7665 for second and third reading by number and title only.
Council Member McOmber moved, Sorrells seconded, to adopt the emergency clause for Ordinance #7665. On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7665. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and Ordinance #7665 adopted.
Clerk read Ordinance #7666 authorizing the Utilities Director to execute one or more non-pool power sale schedules, and declaring an emergency, for first reading.
Council Member McOmber moved, Sorrells seconded, to suspend the rules and give Ordinance #7666 its second and third reading. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and rules suspended.
Clerk read Ordinance #7666 for second and third reading by number and title only.
Council Member McOmber moved, Heminger seconded, to adopt the emergency clause for Ordinance #7666. On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes. Council President Newlove declared motion carried, and the emergency clause adopted.
Council Member McOmber moved, Sorrells seconded, to adopt Ordinance #7666. On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes. Council President Newlove declared motion carried, and Ordinance #7666 adopted.
Clerk read Ordinance #7667 establishing interim zoning for approximately 7.69 acres of land recently annexed to the City of Bowling Green, Ohio, from Alvar W. & Lynn R. Carlson, for first reading.
Council Member Frost announced that a public hearing will be held for Ordinance #7667 on May 7, 2007 at 7:45 p.m. in the Council Chamber.
Clerk read Resolution #3333 approving and adopting the Procurement Manual for the B.G. Transit Program as recommended by the Transit Advisory Committee, for second reading.
Clerk read Ordinance #7659 amending and adopting Section 35.39 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding returned checks, for second reading.
Clerk read Ordinance #7660 amending and adopting Section 33.04(D) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding pay scales for seasonal employees, for second reading.
Clerk read Ordinance #7661 accepting annexation of approximately 7.69 acres of land in Plain Township, Wood County, Ohio, from Alvar W. & Lynn R. Carlson, petitioners, for second reading.
Clerk read Ordinance #7653 amending and adopting Section 38.05(B) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding the timing of hearings for contested civil infractions, for third reading.
Council Member Zanfardino moved, Frost seconded, to adopt Ordinance #7653. On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes. Council President Newlove declared motion carried, and Ordinance #7653 adopted.
Clerk read Ordinance #7654 amending and adopting changes to Chapter 114 of the Codified Ordinances of the City of Bowling Green, Ohio, regarding taxicabs and public transportation, for third reading.
Council Member Sorrells moved, McOmber seconded, to adopt Ordinance #7654. On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes. Council President Newlove declared motion carried, and Ordinance #7654 adopted.
Clerk read Ordinance #7655 establishing a uniform tap charge of $40.00 per front foot for the sanitary sewer extension located at 16518 Haskins Road, for third reading.
Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7655. On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes. Council President Newlove declared motion carried, and Ordinance #7665 adopted.
Clerk read Ordinance #7657 amending Ordinance #7484 and authorizing the Utilities Director to include the Dill Street sewer replacement in the 2007 sub-standard sewer replacement projects, for third reading.
Council Member McOmber moved, Heminger seconded, to adopt Ordinance #7657. On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes. Council President Newlove declared motion carried, and Ordinance #7657 adopted.
Clerk read Ordinance #7658 partially vacating an east-west street located between Inlot Number 853 on the north and Inlot Number 2264 on the south and running east from South Enterprise Street to a north/south alley, for third reading.
Council Member Frost commented that a public hearing is scheduled for Ordinance #7658 on Monday, April 16, at 7:30 p.m. and moved to table the ordinance until that date. Council Member Heminger seconded the motion. On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes. Council President Newlove declared motion carried, and Ordinance #7658 tabled until April 16, 2007.
Council Member Zanfardino moved, Dunn seconded, to adjourn. On unanimous voice vote, Council President Newlove adjourned the March 19, 2007 regular meeting of the City Council at 8:30 p.m., subject to call.
