CITY OF BOWLING GREEN CITY COUNCIL

MONDAY, DECEMBER 15, 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 8:00 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, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.

Council President Newlove declared the minutes of the meeting held December 1, 2008 approved as distributed.

CORRESPONDENCE

            Clerk noted that a listing of budget transfers for the month of December was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval.  Council Member Sorrells moved, Heminger 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 November, 2008 was distributed to Council prior to this evening’s meeting.

OFFICIAL REPORTS

            Mayor John Quinn announced that through the efforts Grants Administrator Tina Bradley the City received notification that Bowling Green has been designated as a Preserve America Community.  Communities designated through the program receive national recognition for their efforts. Benefits include the right to use the Preserve America logo on signs and promotional materials; eligibility for Preserve America Grants; notification to state tourism offices; and listing in a Web-based directory that showcases Bowling Green, Ohio’s preservation efforts and heritage tourism destinations. Preserve America Communities are also featured in National Register Travel Itineraries and in “Teaching With Historic Places” curricular materials created by the National Park Service.  Mayor Quinn noted that at this point no grant dollars were received from the designation, but could come at a future time.

            Mayor Quinn requested confirmation of the appointment of Alice Davis to the Board of Health to replace David Chatfield who declined reappointment.  Mayor Quinn noted that while this appointment does not require Council’s confirmation, he is requesting it as an official endorsement of the appointment.  Council Member Sorrells moved, McOmber seconded, to approve the appointment as presented by the Mayor.  On unanimous voice vote, Council President Newlove declared motion carried.

            Municipal Administrator John Fawcett had no report.

            Parks and Recreation Director Rick Ketzenbarger had no report

            Parks and Recreation Director Michelle Grigore had no report but indicated that she distributed the monthly report from the Parks & Recreation Department to Council prior to the meeting.

            City Attorney Michael Marsh had no report.

            Utilities Director Kevin Maynard had no report.

            Public Works Director Brian Craft reported that in an effort to cut down on costs, the Public Works crews will be doing the December heavy item pickup for just one week this year.  The pickup will be done during the week of December 29.

NEW LEGISLATION

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

            Council Member Heminger, for the Public Lands and Buildings Committee, introduced an ordinance authorizing the Municipal Administrator to seek proposals and enter into a contract or contracts for professional cleaning services for the City Administrative Services Building and the Municipal Court Building, and declaring an emergency.

            Council Member Dunn, for the Parks and Recreation Committee, introduced a resolution 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.

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

            Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator and the Utilities Director to enter into a contract with the Local government Services Division of the State Auditor’s Office, and declaring an emergency.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced a resolution approving revisions to the Housing Section of the Comprehensive Master Plan of the City of Bowling Green, Ohio.

COUNCIL COMMITTEE REPORTS

            Council President Newlove announced that a Special Meeting of City Council will be held on Monday, December 22, 2008, at 5:15 p.m. to handle some year-end financial issues.

LOBBY VISITATIONS

            Christ Ostrowski, 222 Pearl Street, President of the Wood County Apartment Association, commented that he and many others in the association have serious objections to Section O in the City’s revision to the Housing Section of the City’s Master Plan regarding licensing and inspection of rental units. Ostrowski indicated that no one from their organization was represented on the sub-committee that made the recommendations.  Ostrowski further stated that these recommendations adversely affect the rental industry by imposing costly fees.  He further noted that there are numerous laws, ordinances, and inspections already in place that address that provide for the general safety and health of the community.  Ostrowski stated that they feel that this section unfairly targets the rental housing community and that they have no other issues with the proposed revisions to the Master Plan.

            David Maurer, 1216 E. Gypsy Lane Road, submitted a petition to City Council that contains approximately 500 signatures from individuals expressing their concern with the licensing and inspection provision of the Housing Section of the Master Plan and asked that Section O not be adopted.

            Gary Hess, 216 Baldwin, addressed Council on behalf of the East Side Residential Group.  Hess indicated that the group agrees with the City’s Housing report which indicates growing property neglect, housing deterioration, and nuisance issues in the neighborhoods surrounding the university.  Hess stated that the East Side Residential Group supports all of the recommendations of the report including the licensing and inspection of rental properties.  Hess noted that licensing and inspection requirements are not new and are utilized throughout Ohio communities.  Hess  continued to say that acceptance of the report by City Council does not create an ordinance nor does it encumber the City’s finances, it just becomes one of the tools in the City’s Housing document to be adopted by City Council at some time in the future if it is deemed necessary.  Hess commented that they feel that a licensing and inspection program is feasible and that they have looked at programs in Ohio and interviewed officials in three of those cities.  All three indicated that their inspection programs are 100% self-sufficient and that revenues generated by the annual registration fees cover the costs of the programs.  Hess said that based on what they have learned, objections to licensing and inspection requirements are based a good deal on exaggerations and misinformation.  Hess indicated that the East Side Residential Group is ready to work with others to try address these issues by any practical means.

            Sundeep Mutgi, 824 N. Enterprise, Apt. 9, Vice President of the Undergraduate Student Government (USG) at BGSU, and John Waynick, 803 Thurstin Avenue, President of the USG,  addressed their concerns regarding Section O of the Housing Section revisions and recommended that the section be removed prior to City Council approving the revisions.  They indicated that they are in agreement with many provisions of the proposed revisions and feel that it was unfortunate that the whole document received a broad negative recommendation.

            Steve Green, property owner in Bowling Green and member of the Wood County Apartment Association, distributed to Council a list of common housing violations and complaints and the existing sections of the City and County code that currently address the violations.

            Wendall Jones, 1308 Bourgogne, commented that this issue was addressed a number of years ago when he served on Council in 1981 when he proposed a licensing plan for housing in Bowling Green.  Jones noted that the proposal was defeated by a vote of 6-1.  Jones asked Council to be sensitive to the residents on the east side of town and how they are affected by conditions of the housing.

            Elizabeth Burroughs, 320 Clough Street, commented regarding the increased rate of decline of the neighborhoods and the increased deterioration of the exterior of homes on the east side.  She further noted that she has become concerned about the value of her own property as the decline continues.

            Dennis West, 721 N. Main Street, also expressed the need for sensitivity to the residents of the east side of town.  Mr. West discussed land use and the effects of licensing and inspections of rental properties and how to protect property values.

READING OF LEGISLATION

            Clerk read Resolution #3378 transferring previously appropriated funds, for first reading.

            Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Resolution #3378 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 Resolution #3378 for second and third reading by number and title only.

            Council Member Newlove moved, Sorrells seconded, to adopt Resolution #3378.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Resolution #3378 adopted.

            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 first reading.

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

            Council Member Dunn asked the City Attorney about the feasibility of taking Section O of the proposed revisions and segregating it and handling it as a separate issue by a second piece of legislation allowing the other proposed revisions to be adopted right away.  Council Member Dunn moved to split the resolution into two resolutions.

            City Attorney Michael Marsh responded that Council can amend the current resolution to remove Section O and then introduce a new resolution at the next meeting that deals only with Section O of the revisions.  Marsh stated that the only motion that can be made at this particular meeting is to delete Section O from the current resolution.  Council Member Dunn commented that he was not willing to just omit Section O, it was his intention to split the issue into two separate resolutions.

            Council Member Frost commented that the Administration does not support Section O and noted to the public that City Council is not required to hold a public hearing on the Master Plan revisions.  Council Member Frost moved to amend Resolution #3380 to delete Section O from the proposed revisions to the Housing Section of the City’s Master Plan.  Council Member Dunn seconded the motion.  Council Member McOmber asked Frost if it was his intention to ask the Administration to prepare a new resolution dealing strictly with Section O.  Frost responded that that was not his intention.  Frost noted that over two years of work has gone into the housing document and there are a lot of good guidelines put forth and it should be acted upon in a timely manner.  Council Member Zanfardino commented that a lot of work did go into the revisions and Section O is part of those revisions and does not support separating that section out of the document.  Council Member Heminger supported splitting the two issues and move forward with approving the document without Section O, but to deal with that as a separate issue.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Dunn, Frost, and Heminger voted yes.  Council Member Zanfardino voted no.  Council President Newlove declared motion carried, and Resolution #3380 amended by deleting Section O.

            Council Member Dunn requested that the City Attorney prepare another resolution concerning Section O.

            Clerk read Ordinance #7849 authorizing the Municipal Administrator to seek proposals and enter into a contract or contracts for professional cleaning services for the City Administrative Services Building and the Municipal Court, and declaring an emergency, for first reading.

            Council Member Heminger moved, Dunn seconded, to suspend the rules and give Ordinance #7849 its second and third reading.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and rules suspended.

            Clerk read Ordinance #7849 for second and third reading by number and title only.

            Council Member Heminger moved, Zanfardino seconded, to adopt the emergency clause for Ordinance #7849.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

            Council Member Heminger moved, McOmber seconded, to adopt Ordinance #7849.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7849 adopted.

            Clerk read Ordinance #7850 authorizing the Municipal Administrator and the Utilities Director to enter into a contract with the Local government Services Division of the State Auditor’s Office, and declaring an emergency, for first reading.

            Council Member Newlove moved, Heminger seconded, to suspend the rules and give Ordinance #7850 its second and third reading.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes.  Council President Newlove declared motion carried, and rules suspended.

            Clerk read Ordinance #7850 for second and third reading by number and title only.

            Council Member Newlove moved, Frost seconded, to adopt the emergency clause for Ordinance #7850.  On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

            Council Member Newlove moved, Zanfardino seconded, to adopt Ordinance #7850.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Ordinance #7850 adopted.

            Clerk read Ordinance #7844 to provide appropriations for the expenses and other expenditures of the City of Bowling Green, Ohio, for the fiscal year beginning January 1, 2009 and ending December 31, 2009, for second reading.

            Council Member Newlove moved, McOmber seconded, to suspend the rules and give Ordinance #7844 its 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.

            Council Member Newlove moved, Dunn seconded, to adopt Ordinance #7844.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7844 adopted.

            Clerk read Ordinance #7845 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 second reading.

            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 second reading.

            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 second reading.

            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 second reading.

            Clerk read Ordinance #7841 amending and adopting Section 33.31(C) & (D) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to uniforms for City employees, for third reading.

            Council Member Newlove moved, Heminger seconded, to adopt Ordinance #7841.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7841 adopted.

            Clerk read 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, for third reading.

            Council Member Frost commented that a public hearing is scheduled for Ordinance #7842 for Monday, January 5, 2009, and moved to table the ordinance until that date.  Council Member Dunn seconded the motion.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7842 tabled until January 5, 2009.

Council Member McOmber moved, Sorrells seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the December 15, 20008 regular meeting of the City Council at 9:00 p.m., subject to call.