MONDAY, JUNE 16, 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, Parks and Recreation Director Michelle Grigore, Public Works Director Brian Craft, Utilities Director Kevin Maynard, and Planning Director Rick Ketzenbarger.  City Attorney Michael Marsh was not present.

 

Council President Newlove declared the minutes of the meeting held June 2, 2008 approved as distributed.

 

 

CORRESPONDENCE

 

            Clerk noted that a listing of budget transfers for the month of June was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval.  Council Member Heminger moved, Zanfardino 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 also noted that copies of the Budget Summary Report for the month of May 2008 was distributed to Council prior to this evening’s meeting.

 

 

OFFICIAL REPORTS

 

            Mayor John Quinn presented a Certificate of Appreciation to Matt Keilman for his service on the Bicycle Safety Commission.  Mayor Quinn also noted that a Certificate of Appreciation will be given to Jim Stockner for his service on the Bicycle Safety Commission.  Mr. Stockner was not able to attend the Council meeting this evening.  Matt Keilman noted that Jeanie Ludlow was selected by the Bicycle Safety Commission to receive a Certificate of Appreciation for her active participation in and dedication to bicycling.

 

            Municipal Administrator John Fawcett reported that TMACOG will no longer be declaring actual days as “Ozone Action Days” rather will be declaring an “Ozone Season”.  The reasoning behind this is the tightening up of the standards by the EPA which would have resulted in repeated declaration.  Fawcett noted that the season will run from May through September.  Fawcett noted that TMACOG will issue a weekly report of the air quality and City will adjust its activities accordingly.

 

            Council Member Heminger inquired as to whether or not the proposed legislation for new parking meter fines and parking permit rates has been shared with the downtown business owners.  Fawcett indicated that they will be sure that it is sent out to all downtown businesses.

 

            Planning Director Rick Ketzenbarger had no report.

 

            Parks and Recreation Director Michelle Grigore had no report.

 

            City Attorney Michael Marsh was not present.

 

            Utilities Director Kevin Maynard reported that a project began in the Pheasant Farms Subdivision of stenciling alongside catch basins to heighten awareness that those storm sewers to flow directly to a stream in the area.  Maynard noted that this is being done to deter the dumping of things into the catch basins that will run off into the streams.  The stenciling is an upcoming requirement of the EPA.  Maynard further noted that this particular project is being done by an Eagle Scout who volunteered his time in order to meet the requirements of becoming an Eagle Scout.  Maynard stated that this will be expanded throughout the City in the future where there are separated storm sewers.

  

            Maynard noted that Council has been given legislation this evening for improvements at the City’s Wastewater Treatment Plant.  Maynard explained that  increasing the upgrades to the filtration system and the ultra-violet disinfection system to 30 MGD will allow the City to comply with mandated EPA standards and reduce the number of combined sewer overflows in the community.  The upgrades must be completed by December 31, 2009.

 

            Public Works Director Brian Craft updated Council on current and upcoming Public Works projects and noted that because of the recent storms, a city-wide brush pickup will be performed during the week of July 14.

 

 

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 Ordinance #7678 concerning income tax reduction for Sky Insurance, nka Huntington Insurance employees.

 

            Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator and the Utilities Director to seek proposals and enter into a contract or contracts for banking services.

 

            Council Member Newlove, for the Finance Committee, introduced an ordinance amending and adopting Section 76.23(C)(3) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to parking permits.

 

            Council Member Newlove, for the Finance Committee, introduced an ordinance amending and adopting Section 76.30 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to parking and the payment of fines.

 

            Council Member Newlove, for the Finance Committee, introduced an ordinance authorizing the Municipal Administrator and the Utilities Director to advertise for bids and enter into a contract or contracts for the supplying and cleaning of uniforms for the Public Works Department and the Utilities Department.

 

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

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance accepting a utility easement from the Board of Education of the Bowling Green City School District for property located along Fairview Avenue.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute an agreement(s) for the purchase of the AquaDisk Filtration System from Aqua-Aerobic Systems, Inc.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the demolition of sand filters and installation of tertiary filter improvements at the Wastewater Treatment Plant.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to apply for a loan and execute an agreement with the Ohio EPA Water Supply Revolving Loan Account and/or the Ohio Water Development Authority for the design, purchase and construction of tertiary filter improvements at the Wastewater Treatment Plant.

 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to execute an agreement with Poggemeyer Design Group for engineering design services for the Water Pollution control Facility’s 30 MGD ultraviolet disinfection and Parshall Flume improvements to be integrated with the tertiary filter design in an amount not to exceed $75,000.

 

 

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance amending the Zoning District Map of the City of Bowling Green, Ohio, for approximately 15.45 acres of land located generally on East Newton Road from M-3 to B-2 Commercial zoning.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance approving the S-District Site Plan for the building addition and the parking addition at Heritage Corners on Klotz Road.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance amending and adopting Section 150.41(K) and (L) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning determination of significant trees in Planned Overlay Development Districts.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance amending and adopting Sections 151.37 and 151.45 and 151.46 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning easements.

 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance authorizing the grant of easement for an existing driveway to Melvin Baker and Gladys Baker for their lifetime.

 

 

COUNCIL COMMITTEE REPORTS

 

            Council Member Sorrells reported that the Transportation and Safety Committee met earlier this evening to discuss cell phone usage and the operation of vehicles.  Sorrells noted that the Administration will prepare proposed legislation and scheduled a second meeting of the committee for Monday, August 4, at 7:30 p.m. to continue the discussion.

 

            Council Member Sorrells also reported that he does not intend to seek re-election to his Council seat after the completion of the term he is currently serving.

 

            To begin the discussion of acceptance of private streets, Council President Newlove moved to adopt the policy by the City of Bowling Green that existing private streets and right-of-ways and utilities will be accepted by the City for municipal and public use and ownership so long as all City zoning, subdivision and utility ordinances and policies are complied with upon petition signed by all owners contiguous to or served by said improvements.  Council Member Frost seconded the motion.

 

            Council Member McOmber commented that he interprets the Administration’s position as what is currently a private street will always be a private street and the reason that they are private streets is that they did not meet the set of standards that were in place at the time the street was built.  McOmber noted that in looking at the private streets throughout the City, that determination is the right result in most instances.  McOmber noted that this process began as a result of a petition received from the Larch Landing residents to receive full city services on the private streets located in that development.  McOmber stated that while he does not object to the motion, he does think that in the case of Larch Landing in particular the City should provide garbage service to the residents living on those three private streets.  McOmber indicated that he has been told that the only way to do that is to make the private streets public and that the only reason that those streets in his opinion are not public streets is because of they do not meet the setback requirements at the time they were built.  McOmber noted that the City has an ordinance that says that the City does not provide snow plowing, street cleaning, or street maintenance on private streets.  McOmber stated that he does not see a connection between that stipulation and providing refuse service to the private streets located in Larch Landing; the streets are wide enough, there’s little traffic, no significant safety issues, and the cost to the city would be minimal.  McOmber indicated that he does not want to close the door on providing that service by adopting the motion currently on the table.

 

            Council President Newlove indicated that she didn’t think that the adoption of the motion closes that door, however, she stated that allowing refuse pickup on those particular private streets opens the door for other developments to want the same service and she does not want to see Council having to differentiate between these three private streets and three other private streets in the City.  McOmber indicated that the City Attorney’s opinion is that it would not set a precedent if Council were to allow refuse pickup in the Larch Landing Development, but rather each case would have to be considered on the merit and circumstances involved in each individual development.  McOmber stated that he is aware that there is concern about other developments wanting the same service, but in his opinion there aren’t that many to which Council would have to give serious consideration.  McOmber also stated that in the case of Larch Landing, he feels that it is overly harsh for the City to not at least provide refuse service to those residents.

 

            Council Member Heminger asked that if Council were to adopt the motion what would the process be for allowing refuse pickup in Larch Landing and potentially the mobile home communities.  Heminger expressed concern that he didn’t want to back Council into a corner and open up a new set of issues.  Council President Newlove indicated that this motion deals primarily with the private street issue and sees the refuse pickup on private streets as a separate issue.  Council Member Sorrells clarified that the City’s ordinances do not state that refuse pickup is not provided on private streets but rather has always been the long-standing policy of the city.  Council Member Dunn pointed out that there is language in the City’s ordinances that refuse service is tied to the collection bins and the ordinance states that the bins must be removed from the right-of-way within 24 hours of the refuse being picked up.  Dunn further noted that the three private streets in Larch Landing are not public rights-of-way.  Dunn stated that he feels the language is there to prohibit refuse on private streets.

 

            Council Member Frost stated that he feels that it is important for Council to adopt the motion so that the City is not in the position of being forced to accept private streets that may have been developed in the township prior to annexation and/or other similar situations.  Frost further stated that the refuse pickup is a separate issue and should be dealt with separately.

 

            Council Member Dunn indicated that tonight is the first time he has seen anything in writing as far as this motion is concerned and would like to table the motion until the residents of Larch Landing have had a chance to review it.  Dunn further stated that he would like to see a formal resolution or ordinance adopted by Council so that the action taken by Council is well documented.

 

            Council President Newlove stated that it was clarified at the last meeting that this issue was going to be discussed and the residents were aware that the discussion was going to take place.  Newlove further stated that she doesn’t feel that an ordinance is necessary because all Council is doing is supporting the ordinances the City has and are currently in force.  The motion was made in order to discuss the issue of accepting the private streets in Larch Landing.

 

            Heminger stated that he does not see what is accomplished by adopting the motion. Newlove indicated that Council asked the Administration to give its recommendation and this motion is a way of accepting or rejecting that position and bringing that portion of the matter to a close.

 

            Council Member Sorrells commented that his recollection is that the last request by Larch Landing is for the City to accept its streets as public streets with full city services. Council President Newlove reiterated that it was Council’s directive to the Administration to look into criteria that would need to be met to accept the private streets.  Sorrells stated that he fails to see what exactly a “policy” does and where the issue is left after the policy is adopted.  Sorrells also agreed with Dunn that the residents of Larch Landing should be able to see the wording of what Council is considering before action is taken.

 

            Council Member McOmber restated that when the developer built the Larch Landing subdivision, a conscious decision was made to make those streets within the development private.  That meant that the consequence of that decision is encompassed in the ordinance that the City would not maintain the streets, provide snow plowing, or street cleaning, and that the homeowners association would take care of maintaining the street.  McOmber continued to say that he does not see any reason not to provide them with refuse service.  McOmber stated that his opinion is the reason that they are private streets does not have anything to do with the City’s ability to provide refuse service.  McOmber noted that if there are other developments that want to petition the city for services, they are welcome to do so, and they will be considered on their merits.  He feels that there won’t be many, if any, that will meet the standards. 

  

Council President Newlove questioned whether or not Council wants to put themselves in the position of evaluating and making those decisions.  Newlove also stated that if Council is going to move on to look at the refuse pickup side of the issue separately, then they also need to look at the overall potential impact.  Sorrells agreed and indicated that the whole problem for him has been defining the limitations and what liability issues are opened up for the City if that path is chosen.  Once city vehicles use private streets and if the streets are damaged, then the City could and probably would be held liable to repair those private streets.  Sorrells stated that he hasn’t been given any assurances to this point where this would stop and how Council would go about granting services to one development and not others who requested the same services.  Sorrells further stated that this issue will not end with Larch Landing.

 

            Council Member Zanfardino commented that the fact that City vehicles cannot go on private property without the liability is relevant. McOmber indicated that he is not concerned about damaging the streets in Larch Landing by running a refuse truck on the streets, and recalls the City Attorney giving the opinion that liability issues could be addressed by some sort of agreement with the homeowners association. Sorrells reiterated that the core issue is where to draw the line.  McOmber stated that he thinks that issue is greatly overblown and is not likely to happen.

 

            Council Member Dunn commented that the last action taken on this issue was on March 3 when a motion was made to grant full city services to the residents in Larch Landing and the motion was defeated by a vote of 5-2.  Dunn further noted that it was at the meeting that Council directed the Administration to come up with standards by which the City would accept private streets as public and that recommendation was heard at a later date.  The motion before Council tonight is to affirm that recommendation, and Dunn stated that while he favors the motion, he would like to give an opportunity for the Larch Landing residents to review the language of the motion and moved to table the issue until the next Council meeting.  Sorrells seconded the motion.  On roll call vote, Council Members Heminger, McOmber, Sorrells, Zanfardino, and Dunn voted yes.  Council Members Frost and Newlove voted no.  Council President Newlove declared motion carried. 

 

            Council Member Dunn requested that a copy of the motion made tonight be sent to the Larch Landing Homeowners Association.

 

 

LOBBY VISITATIONS

 

            Gary Pierce, 822 N. Christopher Drive, asked Council for updates regarding the nuisance property located at 828 N. Christopher, and inquired if there was any new legislation being considered for the exterior maintenance code.  Planning Director Rick Ketzenbarger responded that there is one outstanding item on the Health Department’s order to correct and if it is not corrected in the time allotted, then the resident will be cited.  Mayor Quinn noted that he and Municipal Administrator John Fawcett met with Health Commissioner Pam Butler and learned that the existing code for exterior maintenance when enforced has the necessary elements needed to require property owners to properly maintain their property.

 

 

READING OF LEGISLATION

 

            Clerk read Resolution #3363 transferring previously appropriated funds, for first reading.

 

            Council Member Newlove moved, Dunn seconded, to suspend the rules and give Resolution #3363 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 Resolution #3363 for second and third reading by number and title only.

 

            Council Member Newlove moved, Heminger seconded, to adopt Resolution #3363.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Resolution #3363 adopted.

 

            Clerk read Ordinance #7786 authorizing the Municipal Administrator and the Utilities Director to advertise for bids and enter into a contract or contracts for the supplying and cleaning of uniforms for the Public Works Department and the Utilities Department, for first reading.

 

             Clerk read Ordinance #7787 amending and adopting Section 76.30 of the Codified Ordinances of the City of Bowling Green, Ohio, relating to parking and the payment of fines, for first reading.

 

            Clerk read Ordinance #7788 amending and adopting Section 76.23(C)(3) of the Codified Ordinances of the City of Bowling Green, Ohio, relating to parking permits, for first reading.

 

            Clerk read Ordinance #7789 authorizing the Municipal Administrator and the Utilities Director to seek proposals and enter into a contract or contracts for banking services, for first reading.

 

            Clerk red Ordinance #7790 amending Ordinance #7678 concerning income tax reduction for Sky Insurance, nka Huntington Insurance employees, for first reading.

 

            Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Ordinance #7790 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 #7790 for second and third reading by number and title only.

 

            Council Member Newlove moved, Frost seconded, to adopt Ordinance #7790.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7790 adopted.

 

            Clerk read Ordinance #7791 accepting a utility easement from the Board of Education of the Bowling Green City School District for property located along Fairview Avenue, for first reading.

 

            Clerk read Ordinance #7792 authorizing the Utilities Director to execute an agreement(s) for the purchase of the AquaDisk Filtration System from Aqua-Aerobic Systems, Inc., for first reading.

 

            Clerk read Ordinance #7793 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the demolition of sand filters and installation of tertiary filter improvements at the Wastewater Treatment Plant, for first reading.

 

            Clerk read Ordinance #7794 authorizing the Utilities Director to apply for a loan and execute an agreement with the Ohio EPA Water Supply Revolving Loan Account and/or the Ohio Water Development Authority for the design, purchase and construction of tertiary filter improvements at the Wastewater Treatment Plant, for first reading.

 

            Clerk read Ordinance #7795 authorizing the Utilities Director to execute an agreement with Poggemeyer Design Group for engineering design services for the Water Pollution control Facility’s 30 MGD ultraviolet disinfection and Parshall Flume improvements to be integrated with the tertiary filter design in an amount not to exceed $75,000, for first reading.

 

            Clerk read Ordinance #7796 amending the Zoning District Map of the City of Bowling Green, Ohio, for approximately 15.45 acres of land located generally on East Newton Road from M-3 to B-2 Commercial zoning, for first reading.

 

            Clerk read Ordinance #7797 approving the S-District Site Plan for the building addition and the parking addition at Heritage Corners on Klotz Road, for first reading.

 

            Clerk read Ordinance #7798 amending and adopting Section 150.41(K) and (L) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning determination of significant trees in Planned Overlay Development Districts, for first reading.

 

            Clerk read Ordinance #7799 amending and adopting Sections 151.37 and 151.45 and 151.46 of the Codified Ordinances of the City of Bowling Green, Ohio, concerning easements, for first reading.

 

            Council Member Frost scheduled public hearings for Ordinance #7796, #7797, #7798, and #7799 for Monday, July 21, 2008, at 7:30 p.m. in the Council Chamber.

 

 

 

 

            Clerk read Ordinance #7800 authorizing the grant of easement for an existing driveway to Melvin Baker and Gladys Baker for their lifetime, for first reading.

 

            Clerk read Resolution #3362 adopting the Estimate of Revenues for the year 2009, for second reading.

 

            Clerk read Ordinance #7785 accepting easements from Bowling Green Covenant Church, Bowling Green Christian Academy, and Robert and Patricia Maurer for a pedestrian and bicycle pathway on Haskins Road, for second reading.

 

Council Member Zanfardino moved, Frost seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the June 16, 2008 regular meeting of the City Council at 9:15 p.m., subject to call.