CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, JANUARY 5, 2009

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, and Zanfardino responded.  Council Member Sorrells 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 Brian Craft, Assistant Utilities Director Paul Brock, and Planning Director Rick Ketzenbarger.  Utilities Director Kevin Maynard was not present.

Council President Newlove declared the minutes of the meetings held December 15, 2008 and December 22, 2008 approved as distributed.

CORRESPONDENCE

            Clerk noted that received from the Ohio Division of Liquor Control was an application for a Class D2 liquor permit for Bowling Green Old Town Buffet, Inc., dba Old Town Buffet, located at 1216 N. Main Street, Suite 101, Bowling Green, Ohio.  Clerk reported that a check of the records was requested from the Police Division, but not received at this point.

OFFICIAL REPORTS

            Mayor Quinn also announced that the Human Relations Commission will be sponsoring the 20^th annual Dr. Martin Luther King event on Friday, January 16^th , at the Wood County Library beginning at 1:30 p.m.  The featured speaker will be Larry Whatley.

            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 was not present.  Assistant Utilities Director Paul Brock reported that TMACOG and the Ohio EPA have requested that the Utilities Department prepare a list of “shovel-ready” projects in anticipation of the Federal stimulus that may come in February.  Brock noted that the list needs to be submitted by January 12.

            Public Works Director Brian Craft reported that Public Works crews will be picking up storm-related brush and discarded Christmas trees during the week of January 12.

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 an ordinance amending and adopting Section 94.03 and 94.04(B) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding refuse collection by city.

              Council Member Newlove, for the Finance Committee, introduced a resolution authorizing the Municipal Administrator and the Utilities Director to participate in the Ohio Department of Transportation Cooperative Purchase Program for the purpose of purchasing machinery, materials, supplies, or other articles.

            Council Member Newlove, for the Finance Committee, introduced an ordinance amending and adopting Section 33.27(A) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to vacations.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced a resolution approving revision to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, by adding Section 6.4(O) relating to strategies and recommendations and development and implementation of an inspection and licensing system.

COUNCIL COMMITTEE REPORTS

            Council President Newlove announced that a meeting of the Committee-of-the-Whole will be held on Tuesday, February 17, 2009, at 7:00 p.m. in the Council Chamber to continue its discussion of preliminary information of the 2010 budget.

            Council President Newlove also announced that a public hearing will be held on Monday, February 2, 2009, at 7:00 p.m. in the Council Chamber to hear input by citizens on proposed Resolution #3383 regarding Section O of the revisions to the Housing Section of the City’s Master Plan.

LOBBY VISITATIONS

            Chris Ostrowski, 222 Pearl Street, read a letter from a resident of Winthrop Terrace Apartments.  A copy of the letter which is attached to and made a part of these minutes was distributed to Council Members and the Clerk.

            Steve Green, property owner in Bowling Green and member of the Wood County Apartment Association, asked Council Members if any of them would be required to abstain from voting on the Housing Section revisions regarding Section O of that document.  All Council Members indicated that they planned to vote on the issue and not abstain.

            Sundeep Mutgi, 824 N. Enterprise, Apt. 9, Vice President of the Undergraduate Student Government (USG) at BGSU, addressed Council again to remind Council Members that the majority of people that Section O affects are student renters from the University and asked Council to keep that in mind as the issue is debated.

            Les Barber, 303 N. Prospect Street, addressed Council asking them to think about what exactly is being accomplished by adopting the Housing Section update without Section O which deals with licensing and inspection of rental properties.  Barber noted that the document openly acknowledges the critical housing problem which Bowling Green faces at this time.  Barber quoted some portions of the document in support of that statement.  Barber summarized his comments by saying that the City has continued to assure citizens that it cares about the east-side and does not want single-family neighborhoods to degenerate further, so Barber asked Council not to “pretend” that the strategies and recommendations in the main document will act sufficiently to save the east-side neighborhoods in the next twenty years because, in his opinion, it won’t happen because the flight of single-family owner occupiers is going to continue to occur.  Barber asked Council to keep an open mind about Section O when it comes up for their consideration.

            Max Rayle, 603 Lafayette Blvd., commented that until now he had never felt that the City was unwilling to hear all sides of a conflict and involve all parties in the discussion of an issue.  However, Rayle indicated that the rental property owners were not invited to the table for discussion of this issue and noted that legislation is not supposed to be made in that manner.  All sides of the issue need to be included in the process.  Rayle also indicated that he will have more to say regarding this matter at the February 2 public hearing.

              Russ  Veitch, 115 Williams Street, identified himself as an east side resident and a member of the East Side Neighborhood Association.  Veitch read a letter relating numerous incidents of vandalism he has experienced to his property over the last ten years by nearby renters.  Veitch indicated that he and his wife have spent a lot of time walking in their neighborhood and have logged in approximately 500 miles since June also picking up litter along the way.  Veitch noted that there are growing segments of this town that are showing signs of neglect and deterioration.   He reviewed data collected by the Wood County Health Department and the East Side Neighborhood Association and indicated that the data supports a clear delineation between conditions of owner-occupied properties and those that are rental properties.  Veitch stated that the adoption of Section O is a starting place and that there is much work that needs to be done to protect the neighborhoods.

            Andrew Deopping, South Main Street, represents off-campus students as a Student Senator, stated that based on input received from his constituents they are opposed to it and feel that it unfairly targets students.

            Wendell Jones, 1308 Bourgogne, said that he although he now resides on the west side of town, he remains sympathetic to the residents on the east side.  Jones called the proposed Section O an aspirational document with no teeth in it and wondered how anyone could be opposed to it as an aspiration. Jones suggested contacting towns like Oxford and Athens to see how similar programs are working in their towns.

READING OF LEGISLATION

            Clerk read Resolution #3382 authorizing the Municipal Administrator and the Utilities Director to participate in the Ohio Department of Transportation Cooperative Purchase Program for the purpose of purchasing machinery, materials, supplies, or other articles, for first reading.

            Clerk read Resolution #3383 approving revision to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, by adding Section 6.4(O) relating to strategies and recommendations and development and implementation of an inspection and licensing system, for first reading.

            Clerk read Ordinance #7850 amending and adopting Section 94.03 and 94.04(B) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, regarding refuse collection by city, for first reading.

            Clerk read Ordinance #7851 amending and adopting Section 33.27(A) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to vacations, for first reading.

            Clerk read Resolution #3379 authorizing the Mayor of the City of Bowling Green, Ohio, to file an application and enter into an agreement with the Ohio Department of Natural Resources for the purpose of acquiring financial assistance from the NatureWorks Program, for second reading.

            Clerk read Resolution #3380, as amended, approving revisions to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio, for second reading.

            Council Member Frost moved, Dunn seconded, to amend by substitution the attachment to Resolution #3380 on page 17, item #4 to read as follows:

4.  Work with Wood County Building Inspection and Wood County

      Health Department to ensure the enforcement of the current

     housing codes to guarantee that homes are well-maintained and  safe. 

On roll call vote, Council Members  Frost, Heminger, McOmber, Newlove, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and the attachment to Resolution #3380 amended by substitution.

              Clerk read Ordinance #7845  to provide for the issuance and sale of notes in an amount not to exceed $800,000 in anticipation of the issuance of bonds for the purpose of paying costs of improving North Main Street and the North Main Street/Poe Road intersection by constructing, reconstructing, widening, paving, resurfacing, grading, draining, constructing curbs, sidewalks, access ramps, driveway approaches, gutters and related drainage improvements, installing signalization and lighting, and acquiring the necessary real estate and interest therein, together with necessary and incidental appurtenances and such other costs of those improvements as are permitted by Revised Code Section 133.15 to be funded from the proceeds of securities, for third reading.

            Council Member Newlove moved, Frost seconded, to adopt Ordinance #7845.  On roll call vote, Council Members Heminger, McOmber, Newlove, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Ordinance #7845 adopted.  

            Clerk read Ordinance #7846 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the South Maple Street storm water retention project, for third reading.

            Council Member McOmber moved, Heminger seconded, to adopt Ordinance #7846.  On roll call vote, Council Members McOmber, Newlove, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7846 adopted.

            Clerk read Ordinance #7847 authorizing the Utilities Director to accept utility easements from Stephen J. Fuller, Theresa M. Marsh, and James r. and Joan H. Gordon for property located on Conneaut Avenue to facilitate the Conneaut Avenue sewer replacement project, for third reading.

            Council Member McOmber moved, Frost seconded, to adopt Ordinance #7847.  On roll call vote, Council Members Newlove, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7847 adopted.

            Clerk read Ordinance #7848 assenting to the detachment of approximately 20.5248 acres of land owned by the Northwest Ohio Tractor Pullers Association from the City of Bowling Green to Plain Township, Wood County, Ohio, for third reading.

            Council Member Frost moved, Dunn seconded, table Ordinance #7848 pending action to be taken by the Planning Commission.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7848 tabled indefinitely.

            Council Member Frost moved, Zanfardino seconded, to adopt Ordinance #7842 amending the Zoning District Map of the City of Bowling Green, Ohio for the property generally known as 520 and 522 Ordway Avenue from M-1 Light Industrial to B-4 Office District zoning.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, and Zanfardino voted yes.  Council President Newlove abstained.  Council President Newlove declared motion carried, and Ordinance #7842 adopted.

            Council Member Zanfardino moved, Dunn seconded, to excuse Council Member Sorrells from this evening’s Council meeting.  On unanimous voice vote, Council President Newlove declared motion carried.

Council Member Dunn moved, Zanfardino seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the January 5, 2009 regular meeting of the City Council at 8:50 p.m., subject to call.