CITY OF BOWLING GREEN CITY COUNCIL

  TUESDAY, FEBRUARY 17, 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, Sorrells, and Zanfardino responded.  Also present were Mayor John Quinn, Assistant Municipal Administrator Lori Tretter, City Attorney Michael Marsh, Parks and Recreation Director Michelle Grigore, Assistant Utilities Director Paul Brock, and Public Works Director Brian Craft. Municipal Administrator John Fawcett and Utilities Director Kevin Maynard, Planning Director Rick Ketzenbarger were not present.

Council President Newlove noted that the minutes from the February 2, 2009 meeting will be distributed prior to the next Council meeting.

CORRESPONDENCE

                Clerk noted that a listing of budget transfers for the month of February was received from Finance Director Brian Bushong and distributed to Council prior to the meeting for approval.  Council Member Heminger 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 January, 2009 were distributed to Council prior to this evening’s meeting.

OFFICIAL REPORTS

            Mayor John Quinn noted that as requested by Council, he has appointed an Ad Hoc Committee to review the manner in which the city handles housing issues.  The 16 member committee will hold its first meeting on Thursday, February 26, at 4:30 p.m. in the Council Chamber.

            Mayor Quinn also noted that after hearing feedback from last week’s State of the City Address, he would like to re-enforce the importance of shopping locally especially during these harsh economic times.

            Municipal Administrator John Fawcett was not present and Assistant Municipal Administrator Lori Tretter had no report.

            Planning Director Rick Ketzenbarger was not present.

            Parks and Recreation Director Michelle Grigore distributed the department’s monthly report and reviewed the highlights.

            City Attorney Michael Marsh had no report.

            Assistant Utilities Director Paul Brock reported that the City sent two linemen down to Kentucky for a two week time period to help out in the aftermath of the recent ice storms. 

            Public Works Director Brian Craft had no report.

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 to execute a regional joint cooperation agreement for the State of Ohio Neighborhood Stabilization Program between Lucas County, the City of Oregon, the City of Bowling Green, and Wood County.

            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 authorizing the Utilities Director to apply for and enter into a contract or contracts with the Ohio EPA DEFA for a construction loan in the amount of $1,730,000 an to accept an OPWC Issue One Grant of $400,000 for the purchase of equipment and the construction of the ultra-violet disinfection replacement and Parshall flume project at the Wastewater Treatment Plant.

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to enter into a contract or contracts for engineering services with Poggemeyer Design Group, Inc., in the amount of $124,000 for bidding and construction services of the ultra-violet disinfection replacement project, and to advertise for bids and enter into a contract or contracts for the equipment and construction of the ultra-violet disinfection system to treat 30 million gallons per day at the Wastewater Treatment Plant. 

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance accepting utility easements for the Fort Drive sewer project and the cathodic anode installation.

            Council Member McOmber, for the Public Utilities Committee, introduced an ordinance authorizing the Utilities Director to enter into a contract with Kiemle-Hankins for the repair of the Water Pollution Control screw pump gearbox, without advertising for bids, and declaring an emergency.

            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 construction and installation services for the Water Treatment Plant microfiltration and low pressure reverse osmosis improvements to the Water Treatment Plant.

            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 strategies and recommendations and required property maintenance standards and enforcement.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting an easement from Southwood Plaza, LLC for roadway and utility purposes, and declaring an emergency. 

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance accepting annexation of certain territory in Center Township, Wood County, Ohio, from Dana M. Frank, et al, petitioners.

            Council Member Frost, for the Planning, Zoning and Economic Development Committee, introduced an ordinance establishing interim zoning of R-2 Residential zoning for the properties on the south side of East Gypsy Lane Road recently annexed to the City by the Dana M. Frank, et al, petitioners annexation. 

COUNCIL COMMITTEE REPORTS

            There were no Council committee reports.

LOBBY VISITATIONS

            Wendy Stram, Executive Director of the Bowling Green Convention and Visitor’s Bureau, addressed Council to review the highlights of 2008 and upcoming events for 2009.  Stram thanked the City for their continued support of the Convention and Visitor’s Bureau.

        Mark Hallowell, 16662 Haskins Road, addressed Council regarding the proposed detachment of the property owned by the Tractor Pullers Association and his concerns about increased use of area and the City’s loss of control if the land is detached.

READING OF LEGISLATION

            Clerk read Resolution #3386 transferring previously appropriated funds, for first reading.

            Council Member Newlove moved, Zanfardino seconded, to suspend the rules and give Resolution #3386 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 #3386 for second and third reading by number and title only.

            Council Member Newlove moved, Sorrells seconded, to adopt Resolution #3386.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Resolution #3386 adopted.

            Clerk read Resolution #3387 authorizing the Mayor to execute a regional joint cooperation agreement for the State of Ohio Neighborhood Stabilization Program between Lucas County, the City of Oregon, the City of Bowling Green, and Wood County, for first reading.

            Council Member Zanfardino moved, Dunn seconded, to suspend the rules and give Resolution #3387 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 Resolution #3387 for second and third reading by number and title only.

            Council Member Zanfardino moved, Dunn seconded, to adopt Resolution #3387.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Resolution #3387 adopted.

            Clerk read Resolution #3388 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 strategies and recommendations and required property maintenance standards and enforcement, for first reading.

            Clerk read Ordinance #7867 authorizing the Utilities Director to apply for and enter into a contract or contracts with the Ohio EPA DEFA for a construction loan in the amount of $1,730,000 an to accept an OPWC Issue One Grant of $400,000 for the purchase of equipment and the construction of the ultra-violet disinfection replacement and Parshall flume project at the Wastewater Treatment Plant, for first reading.

            Clerk read Ordinance #7868 authorizing the Utilities Director to enter into a contract or contracts for engineering services with Poggemeyer Design Group, Inc., in the amount of $124,000 for bidding and construction services of the ultra-violet disinfection replacement project, and to advertise for bids and enter into a contract or contracts for the equipment and construction of the ultra-violet disinfection system to treat 30 million gallons per day at the Wastewater Treatment Plant, for first reading.

            Clerk read Ordinance #7869 accepting utility easements for the Fort Drive sewer project and the cathodic anode installation, for first reading.

            Clerk read Ordinance #7870 authorizing the Utilities Director to enter into a contract with Kiemle-Hankins for the repair of the Water Pollution Control screw pump gearbox, without advertising for bids, and declaring an emergency, for first reading.

            Council Member McOmber moved, Heminger seconded, to suspend the rules and give Ordinance #7870 its second and third reading.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and rules suspended.

            Clerk read Ordinance #7870 for second and third reading by number and title only.

            Council Member McOmber moved, Dunn seconded, to adopt the emergency clause for Ordinance #7870.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

            Council Member McOmber moved, Zanfardino seconded, to adopt Ordinance #7870.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7870 adopted.

            Clerk read Ordinance #7871 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for construction and installation services for the Water Treatment Plant microfiltration and low pressure reverse osmosis improvements to the Water Treatment Plant, for first reading.

            Clerk read Ordinance #7872 accepting an easement from Southwood Plaza, LLC for roadway and utility purposes, and declaring an emergency, for first reading.

            Council Member Frost moved, McOmber seconded, to suspend the rules and give Ordinance #7872 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 #7872 for second and third reading by number and title only.

            Council Member Frost moved, Heminger seconded, to adopt the emergency clause for Ordinance #7872.  On roll call vote, Council Members. Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and the emergency clause adopted.

            Council Member Frost moved, McOmber seconded, to adopt Ordinance #7872.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7872 adopted.

            Clerk read Ordinance #7873 accepting annexation of certain territory in Center Township, Wood County, Ohio, from Dana M. Frank, et al, petitioners, for first reading.

            Clerk read Ordinance #7874 establishing interim zoning of R-2 Residential zoning for the properties on the south side of East Gypsy Lane Road recently annexed to the City by the Dana M. Frank, et al, petitioners annexation. 

            Council Member Frost announced that a public hearing will be held for Ordinance #7874 on April 6, 2009 at 7:45 p.m. in the Council Chamber.

            Clerk read Resolution #3385 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 second reading.

            Clerk read Ordinance #7862  accepting easements for electric service installations from Daniel VanVorhis for Richard N. VanVorhis, Trustee, and from David and Rebecca Adams, and from Greenlock Storage, LLC, and from Thomas V. and Barbara A. O'Brien, for second reading.

            Clerk read Ordinance #7863  authorizing the Utilities Director to advertise for bids and enter into a contract or contracts for the 2009 Fort Drive and Wallace Avenue sewer improvements, for second reading.

            Clerk read Ordinance #7864 authorizing the Utilities Director to advertise for bids and enter into a contract or contracts and/or participate in State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced, for second reading.

            Clerk read Ordinance #7865 authorizing the Utilities Director to execute a contract with DPS Equipment Services, Inc., without advertising for bids, for the purchase of original equipment manufacturer (OEM) parts and the necessary labor to overhaul the Wastewater Treatment Plant’s primary settling tank drive units, for second reading.

            Clerk read Ordinance #7853 authorizing an agreement between the City of Bowling Green, Ohio, and the Wood County Regional Airport Authority, for third reading.

            Council Member Newlove moved, Zanfardino seconded, to adopt Ordinance #7853.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7853 adopted.

            Clerk read Ordinance #7854 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for tree plantings & tree maintenance for trees located within the public right-of-way of the City of Bowling Green, for third reading.

            Council Member Newlove moved, Frost seconded, to adopt Ordinance #7854.  On roll call vote, Council Members Sorrells, Zanfardino, Dunn, Frost, Heminger, McOmber, and Newlove voted yes.  Council President Newlove declared motion carried, and Ordinance #7854 adopted.

            Clerk read Ordinance #7855 authorizing the Municipal Administrator & Utilities Director to enter into a contract or contracts with specified vendors for work that may exceed $25,000 annually for calendar year 2009, for third reading.

            Council Member Newlove moved, Sorrells seconded, to adopt Ordinance #7855.  On roll call vote, Council Members Zanfardino, Dunn, Frost, Heminger, McOmber, Newlove, and Sorrells voted yes.  Council President Newlove declared motion carried, and Ordinance #7855 adopted.

            Clerk read Ordinance #7856 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts and/or participate in State of Ohio purchasing programs for the purchase of vehicles and equipment as well as the trade-in or outright sale of vehicles and equipment being replaced, for third reading.

            Council Member Newlove moved, Frost seconded, to adopt Ordinance #7856.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7856 adopted.

            Clerk read Ordinance #7857 authorizing the Municipal Administrator to advertise for bids and enter into a contract or contracts for sidewalk improvements, pavement striping, deicing salt, and improving streets, alleys, and other public ways in the City of Bowling Green, Ohio, for third reading.

            Council Member Sorrells moved, Heminger seconded, to adopt Ordinance #7857.  On roll call vote, Council Members Frost, Heminger, McOmber, Newlove, Sorrells, Zanfardino, and Dunn voted yes.  Council President Newlove declared motion carried, and Ordinance #7857 adopted.

            Clerk read Ordinance #7859 amending and adopting Section 150.104(A) and Section 150.122(B)(1) & (2) and Section 150.132(F)(1) and Section 151.17(A)(1) & (C) of the Codified Ordinances of the City of Bowling Green, Ohio, concerning certain zoning and planning fees, for third reading.

            Council Member Frost moved, Heminger seconded, to table Ordinance #7859 pending a public hearing to be held on March 2, 2009 at 7:45 p.m.  On roll call vote, Council Members Heminger, McOmber, Newlove, Sorrells, Zanfardino, Dunn, and Frost voted yes.  Council President Newlove declared motion carried, and Ordinance #7859 tabled.

            Clerk read Ordinance #7860 accepting annexation of approximately 13.44 acres of land in Plain Township, Wood County, Ohio, from the State of Ohio Department of Transportation, petitioners, for third reading.

            Council Member Frost moved, Zanfardino seconded, to adopt Ordinance #7860.  On roll call vote, Council Members McOmber, Newlove, Sorrells, Zanfardino, Dunn, Frost, and Heminger voted yes.  Council President Newlove declared motion carried, and Ordinance #7860 adopted.

            Clerk read Ordinance #7861 establishing interim zoning of I-1 Institutional zoning for the property generally known as 13982 Mitchell Road and 14750 Mitchell Road and recently annexed to the City of Bowling Green, Ohio, by the State of Ohio Department of Transportation, for third reading.

            Council Member Frost moved, Dunn seconded, to table Ordinance #7861 pending a public hearing to be held on March 2, 2009 at 7:45 p.m.  On roll call vote, Council Members Newlove, Sorrells, Zanfardino, Dunn, Frost, Heminger, and McOmber voted yes.  Council President Newlove declared motion carried, and Ordinance #7861 tabled.

            Council Member Frost moved, Dunn seconded to remove from the table 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.  On roll call vote, Council Members Zanfardino, Dunn, Frost, McOmber, Newlove, and Sorrells voted yes.  Council Member Heminger voted no.  Council President Newlove declared motion carried, and Ordinance #7848 removed from the table.

            Council Member Frost moved, Dunn seconded to adopt Ordinance #7848.  After some discussion of issues brought up earlier during Lobby Visitations, Council Members decided to get more information from the Planning Director regarding action taken by the Planning Commission prior to adopting the ordinance.  Council Member Frost withdrew his motion to adopt.

            Council Member Dunn moved, to table Ordinance #7848 until March 2, 2009.  On roll call vote, Council Members Dunn, Frost, Heminger, McOmber, Newlove, Sorrells, and Zanfardino voted yes.  Council President Newlove declared motion carried, and Ordinance #7848 is tabled until March 2, 2009.

Council Member Dunn moved, McOmber seconded, to adjourn.  On unanimous voice vote, Council President Newlove adjourned the February 17, 2009 regular meeting of the City Council at 8:45 p.m., subject to call.