Maumee City Council 
April 5, 2004 Minutes and
April 19, 2004 Minutes

7:30 P.M. Monday, April 5, 2004   

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7).  Mayor Wagener presiding. 

Mr. SHOOK moved to suspend reading the minutes of the March 15, and March 24, 2004, meetings and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Mayor presented to the Finance Director the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the 2003 Comprehensive Annual Financial Report, and the State of Ohio Auditor’s Award for the 2001 Comprehensive Annual Financial Report. 

A letter from the Municipal Clerk presenting the 2004 Replacement Pages to the Maumee Codified Ordinances was read.  He stated the update incorporates various changes to the Code enacted in 2003, and January, 2004, and requested Council enact changes to the Traffic and General Offenses chapters to conform with changes in the Ohio Revised Code.  He stated the changes have been reviewed and endorsed by the Administration.  Mrs. BARLOS moved the necessary legislation be prepared to adopt the 2004 Replacement Pages to the Maumee Codified Ordinances and to enact the changes to the Traffic and General Offenses chapters to conform with changes in the Ohio Revised Code.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A notice from the Ohio Division of Liquor Control of the annual renewal of liquor permits within the City was presented.  A list of existing permits was provided.  Mr. SHOOK moved to place the notice on file.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor requesting legislation to file an objection to renewal of the liquor permit of BAS Enterprize, Inc., operator of XO Gentleman’s Club, 1500 Holland Road, was read.  He stated the owners of the XO Club have failed to comply with the laws of the City and the State of Ohio.  Mr. CARR moved the necessary legislation be prepared to file an objection to the renewal of the permit of BAS Enterprise, Inc., and to request a hearing be held in the City.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Karen Brebberman, North Masters Court, to Rolf Park Pool Manager; Cameron Coutcher, Richland Street, to Assistant Manager; and Carole Conner, Waterville, to Assistant Manager-Admissions and Concessions, was read.  Mr. SHOOK moved the appointments be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Nicole L. Kozina, Key Street, to Firefighter Class I was read.  Mr. BRAINARD moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing John Jezak, Administrator/Safety Director, to the Administrative and Architectural Committees of the Fallen Timbers C-M zoning district was read.  Mr. BRAINARD moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting authorization to trade-in the current police cruisers with the purchase of new cruisers was read.  He stated Statewide Ford, Van Wert, Ohio, has offered a trade-in price of $3,525 for each police cruiser, for a total of $28,200.  Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize trade-in of eight police cruisers, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting approval of a contract with SBC to remove its lines from alley poles and install underground conduit to service the new police building was read.  He stated SBC has proposed a contract in the amount of $22,619.37.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with SBC in the amount of $22,619.37, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting authorization of an extended warranty contract for phone equipment for the temporary police facility was read.  He stated the “switch” purchased to connect the temporary police building with the City building will not be used in the new police building, however, it may be used with the construction of a fire station and ultimately will be installed at the service yard.  He said Executone has provided a quote in the amount of $2,818 for an extended warranty to terminate November 10, 2007.  Mr. COYLE moved the necessary legislation be prepared to authorize an extended warranty contract with Executone in the amount of $2,818, as requested.   Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract for asbestos removal at Michigan Avenue pump station was read.  He stated samples of the piping insulation at the Michigan Avenue Water Booster Station indicate the presence of asbestos in the insulation.  He said Toltest, Inc. has proposed a contract in the amount of $6,700 for the abatement, removal, disposal and four separate air clearance tests.  Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Toltest, Inc. in the amount of $6,700, as requested.   Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting an appropriation for Phase 1 Environmental Review needed for Kingsbury property purchase was read.  He stated that, as a part of the negotiation for purchase of the former Food Town property at 820 Kingsbury, it was agreed that the City would be responsible for the cost of the Phase 1 Environmental Review.  His request is for an appropriation in the amount of $2,000.  Mr. SHOOK moved the necessary legislation be prepared to authorize an appropriation in the amount of $2,000 for Phase 1 Environmental Review, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract for installation of a surplus “period” light pole at the Wolcott House parking lot was read.  He stated Pierce Electric has proposed a contract in the amount of $3,819 to install a spare light pole that has been stored at the service yard.  Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Pierce Electric in the amount of $3,819, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization of a contract for seal coating of Ford Field parking lot was read.  He stated Perrysburg Sealcoating Co. has proposed a contract in the amount of $2,720 for seal coating the parking lot.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Perrysburg Sealcoating Co. in the amount of $2,720, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting authorization of renewal of the contract for services for the employee assistance program was read.  He stated Harbor Behavioral Healthcare has proposed renewal of their agreement at the cost of $27.50 per enrolled employee per year (unchanged since 1996).  He said the service also provides substance abuse assessment services for employees regulated by the U.S. Department of Transportation at no additional cost.  Mr. CARR moved the necessary legislation be prepared to authorize a contract with Harbor Behavioral Healthcare in the amount of $27.50 per enrolled employee for 2004-2005, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting authorization of a contract for consulting services related to HIPAA compliance was read.  He stated Bridge Benefits has offered a service of plan amendment, policy and procedure review, and employee training to assist in complying with HIPAA regulations at a fee of $2,000.  Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Bridge Benefits in the amount of $2,000, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

 A letter from the Commissioner of Public Service requesting authorization of a contract for cleaning services for the temporary Police Division facility at 1283 Conant Street was read.  He stated two proposals for cleaning services for the facility were received and he recommends a contract with Clean Care, Inc., Toledo, in the amount not to exceed $1,385 per month for the first year, and $1,425 per month after the first year.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Clean Care, Inc., in the amount of $1,385 per month for the first year, and $1,425 per month after the first year.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Building and Zoning Inspector requesting permission to hire an additional Assistant Building and Zoning Inspector was read.  He stated he believes the vacant Assistant Building and Zoning Inspector position should be filled due to the workload of the Division of Inspection and in consideration of the projects proposed over the next several years.  Mr. Buehrer stated his belief that the projected surge in work load may be temporary.  Mr. BUEHRER moved to authorize filling the vacant Assistant Building and Zoning Inspector position, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization of a contract for roof repairs at the Michigan Avenue water pump station was read.  He stated Fred Christen and Sons Company, Toledo, has proposed a contract in the amount of $2,000.  Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Fred Christen and Sons Company in an amount not to exceed  $2,000, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Community Development requesting approval of a change order for fencing replacement on the Anthony Wayne Trail Beautification project was read.  He stated the chain link mesh fence fabric that was to remain in place has been infiltrated with uncontrolled growth of trees and it is recommended 1,024 linear feet of the chain link mesh be replaced with new material.  Delventhal Landscaping and Nursery, Inc. has proposed a contract change order in the amount of $6,737.50.  Mr. BRAINARD moved the necessary legislation be prepared to authorize the change order with Delventhal Landscaping and Nursery, Inc. in the amount of $6,737.50, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from Dave Westrick and Brian Tomko of “Stop the Mall” requesting the City cancel the $3,400 invoice issued by the City for the cost to transcribe audio tapes of hearings required for the lawsuit brought by “Stop the Mall” was read.  Mr. SHOOK moved the matter be referred to executive session.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Community Development requesting approval of a contract for entertainment for the Theater Grand Opening was read.  He stated Larry Gold, DBA The Homewreckers, would provide live entertainment on Saturday, May 8, 2004, for an amount not to exceed $1,000.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Larry Gold DBA The Homewreckers in the amount of $1,000, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Community Development requesting approval of the Maumee Indoor Theater business plan, management contract, advisory board, and budget was read.  He stated Great Eastern Theatre Company, Toledo, has proposed a contract in the amount of $90,000 over a three year term.  Mr. CARR moved the necessary legislation be prepared to authorize a contract with Great Eastern Theatre Company, Toledo, in the amount of $30,000 annually for a three year term.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved to accept the Maumee Indoor Theater Business Plan and operating budget.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved the necessary legislation be prepared to authorize creation of an enterprise fund and appropriating $222,598 from said fund, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. CARR moved to establish a Theater Advisory Board, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Law Director requesting authorization of changes to the Joint Economic Development Zone (JEDZ) contract with Monclova Township and the City of Toledo was read.  She stated it has been determined that there is a need to revise the original JEDZ contract between Monclova Township and the Cities of Maumee and Toledo to exclude certain residential property which was inadvertently included within the JEDZ and to alter certain deadline and termination provisions which are proving to be unrealistic in the implementation of the contract provisions.  Mr. SHOOK moved the necessary legislation be prepared to authorize changes to the Joint Economic Development Zone contract, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Director of Public Service requesting authorization of a contract for engineering services for the review of the traffic plan submitted for “The Shops at Fallen Timbers” was read.  He stated a proposal has been received from Dansard Grohnke Long Limited LLC (DGL) in the amount of $3,900 to review the traffic study prepared by the Mannik Smith Group on behalf of General Growth Properties.  Mr. Carr stated he would like the results of the review presented to Council even though the matter will be before the Planning Commission.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Dansard Grohnke Long Limited LLC in the amount of $3,900, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Community Development requesting approval to purchase bricks for use in construction of crossing guard shelters was read.  He stated Kuhlman Corporation has 3,600 surplus brick that matches the existing guard shelter located at Broadway and Conant Streets.  He said the supplier has enough brick to complete all the shelters at a total cost of $828.  Mrs. BARLOS moved the necessary legislation be prepared to authorize the purchase of bricks from Kuhlman Corporation in an amount not to exceed $828.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting authorization of a contract for services to review and renegotiate a license agreement for Wabash Cannonball properties was read.  He stated RelTek, LLC has proposed a contract to review and renegotiate the terms of the license agreement with Toledo Edison for the Wabash Cannonball Trail partnership for a fee equal to 19% of any increased revenues RelTek recovers that are attributable to any prior year and 19% of any negotiated increase in revenues in the first two year’s annual rental payments.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with RelTek, LLC, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting authorization of a contract to wallpaper the main stairwell of City Hall, an office, and a conference room was read.  He stated quotes were received from two firms and he recommends the quote from Butler Interiors in the amount of $3,404.58.  Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Butler Interiors in the amount of $3,404.58, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Law Director requesting authorization for a contract for legal services for Tax Increment Financing issues was read.  She stated Attorney Steven Grassbaugh joined the law firm of Peck Shaffer & Williams LLP, Columbus, and legislation is needed to authorize employment of Mr. Grassbaugh and the law firm.  Mr. COYLE moved the necessary legislation be prepared to authorize employment of Steven Grassbaugh and the law firm of Peck Shaffer & Williams LLP.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting the 2004 Street Maintenance program be referred to the Streets Committee was read.  Mrs. BARLOS moved to refer the 2004 Street Maintenance program to the Streets Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract to perform a Court and Prosecutor Space Needs Study was read.  He stated proposals were received from four architects and it was agreed by a committee that Horne and King is the appropriate selection because of their experience with municipal buildings and courts, inclusive of security.  Mr. Coyle stated his belief that the space needs of all areas must be projected and analyzed.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Horne and King in the amount of $10,000.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. COYLE moved to refer the matter of space needs of all City operations to the Buildings & Lands Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that items on the agenda were discussed.  Mr. SHOOK moved the report be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mrs. Barlos read the following report from the Streets Committee. 

Streets Committee 

The Streets Committee met on Tuesday, March 23, 2004, to discuss the paving of the alley in the 200 block between E. John and E. Dudley, to have a discussion with the residents of Carew Lane and to discuss the paving policy on short unimproved streets.  Present at the meeting were Barlos, Coyle and Shook of the committee, Larry Gamble, Joe Camp and Howard Brebberman from the Service Department and the list of residents attached.

 

The first item for discussion was the paving of the alley in the 200 block between E. John and E. Dudley.  We discussed this issue in a Streets Committee meeting last December, when the residents were given the option of paving at that time and taking a chance on the weather or waiting and being the first project in the spring.  The residents in attendance at that meeting decided it would be better to wait until the spring.  At our current meeting, the residents present expressed their continued interest in paving the alley in question, and were going to present an updated petition to the service department.  It is the recommendation of the committee, pending the updated petition and submittal of the upfront payment for the project from the residents, to proceed with the alley paving project.

 

Our second item for discussion was the reconstruction project of Carew Lane.  The meeting for the residents of Carew Lane was mainly informational at this time.  The Service Department provided the drawings of the street and also assessment costs.  The residents had many questions about the project and the assessments, which were answered.  It is the recommendation of the committee at this time to proceed with the reconstruction project.  It is also our recommendation to leave the general topic of the Carew Lane reconstruction in committee at this time as other meetings on the subject may be needed.

 

Our third item for discussion was the paving policy for short unimproved streets.  Many times these streets are combined with other paving projects in the area.  It is the recommendation of the committee to adopt a policy that the city will resurface the unimproved street one time, after which it would be through the assessment process for any further improvements.

 

Respectfully submitted,

 

Jenny Barlos, Chair

Michael Coyle

Thomas Shook 

Mrs. BARLOS moved the report be accepted in its entirety.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mrs. Barlos read the following report from the Code Committee. 

Code Committee 

The Code Committee met on Monday, March 29, 2004, to discuss various contract issues.  Present at the meeting were committee members Barlos and Zimmerman, directors John Jezak, Larry Gamble, Dave Hazard and Sheilah McAdams and Stanley Dobrowski from Calfee, Halter and Griswold.  Committee member Richard Carr was excused.

 

Mr. Dobrowski, an expert in contract law, was invited to give us information and direction on a number of the city’s contract issues.  During the meeting we had an opportunity to discuss many contract issues facing the city, including two that have surfaced recently, local preference and single vs. multiple prime.  The information provided by Mr. Dobrowski was very valuable and due to the number and complexity of contract issues before the city at this time, the committee recommends entering into a consulting contract with Stan Dobrowski on an ongoing basis.

 

Respectfully submitted,

 

Jenny Barlos, Chair

Richard Carr

Todd Zimmerman

 

Mrs. BARLOS moved the report be accepted in its entirety.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. ZIMMERMAN moved the matter of the Concealed Weapon program be referred to the Safety Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. BUEHRER moved the matter of amounts charged for building permits be referred to the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. CARR moved the issue of an ice arena be referred to the Parks & Recreation Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. CARR moved to adjourn to executive session to discuss the purchase of real estate and imminent or pending litigation.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

When Council returned to regular session, Mr. SHOOK moved to grant the request of David Westrick and Brian Tomko of “Stop the Mall” to cancel the $3,400 invoice issued to “Stop the Mall” to recover the cost incurred by the City to transcribe audio tapes of hearings.   Roll call:  yeas, none; Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting nay.  The Chair declared the motion failed by a 0-7 vote. 

Legislation was considered at this time. 

ORDINANCE NO.   103 – 2004    GRANTING EASEMENT TO KENNETH P. KNIGHT AND DEBORAH J. GRISEZ-KNIGHT.  The Clerk read the Resolution by title only.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   104 – 2004  AN ORDINANCE TO REVISE THE CODIFIED ORDINANCES BY ADOPTING CURRENT REPLACEMENT PAGES, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

RESOLUTION NO.  105 – 2004  FILING OBJECTION WITH OHIO DEPARTMENT OF COMMERCE DIVISION OF LIQUOR CONTROL RELATIVE TO RENEWAL OF LIQUOR PERMIT OF BAS ENTERPRIZE, INC., 1500 HOLLAND ROAD, MAUMEE, OHIO, REQUESTING A HEARING IN TOLEDO, LUCAS COUNTY, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Resolution by title only.  Mrs. BARLOS moved the resolution be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mrs. BARLOS moved the resolution be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Resolution was passed. 

ORDINANCE NO.   106 – 2004  DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS PROPERTY, AUTHORIZING DISPOSAL, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   107 – 2004  AUTHORIZING EXECUTION OF CONTRACT WITH SBC RELATIVE TO COMMUNICATION SERVICE LINE INSTALLATION, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   108 – 2004  AUTHORIZING SERVICE AGREEMENT WITH EXECUTONE COMMUNICATIONS SYSTEMS, LLC, RELATIVE TO POLICE TELEPHONE SYSTEM IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.

Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   109 – 2004  AUTHORIZING CONTRACT WITH TOLTEST, INC., RELATIVE TO ASBESTOS ABATEMENT AT MICHIGAN AVENUE WATER BOOSTER STATION IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   110 – 2004  AUTHORIZING EXECUTION OF CONTRACT WITH PIERCE ELECTRIC RELATIVE TO WOLCOTT CHURCH PARKING LOT LIGHTING, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.  111 – 2004   AUTHORIZING SEALCOATING CONTRACT FOR FORD FIELD PARKING LOT, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   112 – 2004  AUTHORIZING CONTRACT WITH HARBOR BEHAVIORAL HEALTHCARE RELATIVE TO EMPLOYEE ASSISTANCE SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed. 

ORDINANCE NO.   113 – 2004  AUTHORIZING CONTRACT RELATIVE TO HIPAA COMPLIANCE CONSULTING SERVICES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   114 – 2004  AUTHORIZING AGREEMENT WITH CLEAN CARE, INC., RELATIVE TO CLEANING SERVICES FOR THE DIVISION OF POLICE OF THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   115 – 2004  AUTHORIZING CONTRACT FOR ROOF REPAIRS FOR MICHIGAN AVENUE PUMP STATION FOR DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   116 – 2004  AUTHORIZING CHANGE ORDER TO CONTRACT FOR ANTHONY WAYNE TRAIL BEAUTIFICATION PROJECT IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   117 – 2004  AUTHORIZING CONTRACT WITH LARRY GOLD DBA THE HOMEWRECKERS FOR PROVISION OF ENTERTAINMENT AT THE MAUMEE INDOOR THEATER, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed.  

ORDINANCE NO.   118 – 2004  AMENDING THE MAUMEE REVISED CODE RELATIVE TO MAUMEE INDOOR THEATER ADVISORY BOARD, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   119 – 2004  AUTHORIZING CONTRACT WITH GREAT EASTERN THEATRE COMPANY RELATIVE TO MANAGEMENT SERVICES FOR THE MAUMEE INDOOR THEATER FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   120 – 2004  AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ESTABLISH AN ENTERPRISE FUND 751 FOR THE OPERATIONS OF THE INDOOR THEATER AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   121 – 2004  APPROPRIATING AND TRANSFERRING FUNDS FOR THE OPERATION OF THE MAUMEE INDOOR THEATER.  The Clerk read the Ordinance by title only.  Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   122 – 2004  AUTHORIZING AMENDMENT TO CONTRACT FOR JOINT ECONOMIC DEVELOPMENT ZONE WITH THE CITY OF TOLEDO, OHIO AND MONCLOVA TOWNSHIP, OHIO, AUTHORIZING THE MAYOR AND THE MUNICIPAL CLERK TO EXECUTE CONTRACT ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.  123– 2004  AUTHORIZING AGREEMENT WITH DANSARD GROHNKE LONG LIMITED, LLC, RELATIVE TO TRAFFIC STUDY IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   124 – 2004  AUTHORIZING CONTRACT WITH KUHLMAN CORPORATION RELATIVE TO PURCHASE OF BRICK FOR CROSSING GUARD SHELTERS IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   125 – 2004  AUTHORIZING AGREEMENT WITH RELTEK, LLC, RELATIVE TO REVIEW OF LICENSE AGREEMENT WITH TOLEDO EDISON IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none. So the Ordinance was passed. 

ORDINANCE NO.   126 – 2004  AUTHORIZING CONTRACT WITH BUTLER INTERIORS RELATIVE TO PURCHASE AND INSTALLATION OF WALLPAPER FOR THE MUNICIPAL BUILDING OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.So the Ordinance was passed. 

ORDINANCE NO.   127– 2004  AUTHORIZING EMPLOYMENT OF STEVEN GRASSBAUGH AND THE LAW FIRM OF PECK SCHAFFER & WILLIAMS LLP FOR LEGAL SERVICES RELATIVE TO MUNICIPAL FINANCE AND ECONOMIC DEVELOPMENT MATTERS ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   128 – 2004  AUTHORIZING AGREEMENT FOR ARCHITECT SERVICES WITH HORNE AND KING, ARCHITECTS, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

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7:30 PM, Monday, April 19, 2004 

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7).  Mayor Wagener presiding. 

Mr. SHOOK moved to suspend reading the minutes of the April 5, 2004, meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract and escrow agreement with the Ohio Department of Transportation (ODOT) for the Anthony Wayne Trail resurfacing project was read.  He stated that, in order for ODOT to proceed with the project, it is necessary to execute ODOT’s agreement and to escrow the City’s portion of the cost.  He said the total project cost is estimated at $1,395,681.28 with $332,460 being apportioned to the City.  Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract and an escrow agreement, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Public Service requesting authorization of a contract for alley paving for the 200 block of East Dudley/John Streets was read.  He stated Allied Paving Company, Inc. has quoted a price of $9,541.25 for the alley paving project.  He said the residents will pay $7,919.23 and the City’s cost will be $1,622.02.  He stated the contract will be executed as soon as the property owners have submitted their share to the City.  Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Allied Paving Company, Inc., in the amount of $9,541.25.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting approval of change order number four for the Rolf Park Pool project was read.  He stated Mosser Construction, Inc. has prepared a contract amendment in the amount of $703 for modification of door hardware.  Mr. BRAINARD moved the necessary legislation be prepared to authorize contract amendment with Mosser Construction, Inc. in the amount of $703, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The request of Gary & Delores Baumhower, 315 Rosamond Street, to encroach into the Rosamond and West Dudley Streets’ right-of-way with a 36-inch high picket fence was read.  A letter from the Service Director was read.  He stated the request is for an encroachment of six feet on West Dudley Street and a seven-foot encroachment on Rosamond Street.  He said he has no objection to the encroachment and that the fence must receive architectural approval from the Administrative Board.Mr. BUEHRER moved to allow the encroachment in the Rosamond and West Dudley Streets’ right-of-way with the condition that the applicant sign the standard acknowledgement of encroachment.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

An appeal of Old Granite Development of an Administrative Board denial of requests for waivers for a condominium development at 1036 River Road was read.  Lane D. Williamson, attorney for Old Granite Development, Ltd., requested that Council delay action until the next regular council meeting.  Mr. SHOOK moved the matter be tabled to the May 3, 2004, meeting.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Law Director requesting an additional appropriation for planning and zoning consulting services was read.  She stated in order to complete the zoning code revisions an additional appropriation of $35,000 is necessary for the contract with Poggemeyer Design Group.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Poggemeyer Design Group in the amount of $35,000, as requested.   Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting approval of a contract renewal for maintenance for plants in City Hall was read.  He stated Ken’s Flower Shops has requested an adjustment to the weekly fee for the care of forty-six live plants in the building.  He said the current charge is $34.95 per week and they are requesting a contract in the amount of $39.95 per week or $2,077.44 per year.  Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Ken’s Flower Shops in the amount of $2077.44 per year, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Maumee Valley Historical Society requesting a donation for operating expenses was read.  Jack Hiles stated the request is for $25,000, the same as 2003, and that the Society requests to meet with the Finance and Economic Development Committee to discuss future funding of the Society.  Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize donation of $25,000 to the Maumee Valley Historical Society, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting approval of a contract for replacement of the roof of the Gilbert-Flanigan House at the Wolcott Complex was read.  He stated Ohio Roofing and Siding has proposed a contract in the amount of $7,950 to remove the existing roof and to install new sheeting and heavy-duty shingles.  Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Ohio Roofing and Siding in the amount of $7,950, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract with a beverage supplier for the swimming pool concession stand was read.  He stated Pepsi Americas currently supplies Maumee Little League and Girls Softball and has offered to extend their discount to the City.  He said they will provide a cooler at no cost.  Mrs. BARLOS moved the necessary legislation be prepared to authorize an agreement with Pepsi Americas, as requested. Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing the following to the Maumee Indoor Theater Advisory Board was read:  One year term- Frank J. Bartell, III, West Harrison Street; Patrick Davis, Lance Pointe Drive; and Jane Williams, Winghaven Road; Two year term- Thomas Brell, River Glen; Susan Booth, River Road; and Beth Sheets, River Road; Three year term- Thomas B. Baker, Deer Valley Lane; Deb Cramer, Centerfield Drive; and Dan Hazard, West Broadway Street; Council representative (one-year term)- Douglas Brainard, Ransom Street; Administrative Liaison- Kirk D. Kern, Commissioner of Community Development.  Mr. COYLE moved the appointments be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Maumee Council for the Arts requesting approval of its proposed plans for summer concerts and for support by providing services was read.  Mr. COYLE moved the matter be referred to the Public Information Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. COYLE moved the matter be removed from the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract for replacement of an irrigation line at Rolf Park was read.  He stated Waterville Landscaping and Irrigation has proposed a contract in the amount of $5,500 to replace the portions of the irrigation system that were disrupted due to the pool construction project.  Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Waterville Landscaping and Irrigation in the amount of $5,500, as requested. 

Mr. SHOOK moved to add a letter from the Mayor appointing a Firefighter.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Richard E. Ottensman, Bay River Court, to Firefighter Class I was read.  Mr. SHOOK moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting.  He stated the Mayor presented a proclamation to the Maumee High School Marching Pride and that items on the agenda were discussed.  Mr. SHOOK moved the report be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. BUEHRER moved to refer the matter of engineering plans for the Police & Fire Training Facility to a joint meeting of the Buildings & Lands Committee and the Safety Committee.  Roll call:  Buehrer, Coyle and Zimmerman (3) voting yea; Barlos, Brainard, Carr and Shook (4) voting nay.  The Chair declared the motion failed by a 3-4 vote. 

ORDINANCE NO.   131 – 2004  AUTHORIZING EXECUTION OF A PROJECT AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION RELATIVE TO ANTHONY WAYNE TRAIL IMPROVEMENTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   132 – 2004  AUTHORIZING CONTRACT WITH ALLIED PAVING COMPANY INCORPORATED RELATIVE TO ALLEY PAVING IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.  133 – 2004  AUTHORIZING AMENDMENT TO CONTRACT FOR THE CONSTRUCTION OF A SWIMMING POOL AT ROLF PARK IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Resolution was passed. 

ORDINANCE NO.   134 – 2004  AUTHORIZING AGREEMENT WITH KEN’S FLOWER SHOPS FOR PLANT MAINTENANCE FOR THE MUNICIPAL BUILDING, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   135 – 2004  AUTHORIZING AGREEMENT WITH OHIO ROOFING AND SIDING RELATIVE TO ROOF REPAIRS AT THE GILBERT-FLANIGAN HOUSE AT THE WOLCOTT COMPLEX IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.The Clerk read the Ordinance by title only.  Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   136 – 2004  AUTHORIZING CONTRACT WITH PEPSI AMERICAS RELATIVE TO ROLF PARK CONCESSION SALES IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   137 – 2004  AUTHORIZING CONTRACT WITH WATERVILLE LANDSCAPING AND IRRIGATION RELATIVE TO IRRIGATION SYSTEM REPAIRS AT ROLF PARK IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   138 – 2004  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.  The Clerk read the Ordinance by title only.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.  So the Ordinance was passed. 

Mr. SHOOK moved to adjourn to executive session to discuss the purchase and sale of real estate and pending and threatened litigation.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

When Council returned to regular session, Mr. CARR moved the matter of the location for a new Fire Station be referred to the Buildings and Lands Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. SHOOK moved to adjourn until 7:30 p.m., Monday, May 3, 2004, carried v.v.

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Special Meeting – Minutes 

5:30 p.m., Thursday, April 29, 2004 

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present:   Brainard, Buehrer, Carr, Coyle and Shook (5); Barlos and Zimmerman (2) absent.  Mayor Wagener presiding. 

A tabulation of bids received by the Service Director for the construction of the new police building was presented.  The Service Director stated that, no bids were received for landscaping and that portion will need to be rebid.  He said he recommends multi-prime contracts be awarded and that the total is $7,994,000 or 7.7% above the engineer’s estimate of $7,422,000 for base bid portion.  He also recommended alternate bids be accepted for a fountain in the concourse area, mildew and mold restant insulation panels, thermoplastic membrane roofing, lightning protection, and Cat6 data cabling bringing the total to $8,083,012.  Mr. BUEHRER moved the bid of Rudolph-Libbe, Inc., for general trades in the amount of $5,509,000 be declared the lowest and best and that legislation be ordered to authorize a contract.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. BUEHRER moved the bid of Accel Fire Systems for Fire Protection in the amount of $204,000 be declared the lowest and best and that legislation be ordered to authorize a contract.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. BUEHRER moved the bid of Dimech Services, Inc., for HVAC/Plumbing in the amount of $1,539,500 be declared the lowest and best and that legislation be ordered to authorize a contract.  Roll call:  All members present voting yea, the Chair declared the motion carried.  Mr. BUEHRER moved the bid of Lake Erie Electric of Toledo, Inc., for Electrical in the amount of $830,512 be declared the lowest and best and that legislation be ordered to authorize a contract.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.   139 – 2004  ACCEPTING BID FOR GENERAL CONTRACTOR FOR CONSTRUCTION OF MUNICIPAL POLICE BUILDING, AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook (5) voting yea; nays none.  Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook (5) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   140 – 2004  ACCEPTING BID FOR ELECTRICAL CONTRACTOR FOR CONSTRUCTION OF MUNICIPAL POLICE BUILDING, AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BRAINARD moved the ordinance be passed as an emergency measure.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook (5) voting yea; nays none.  Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook (5) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   141 – 2004  ACCEPTING BID FOR FIRE PROTECTION FOR NEW MUNICIPAL POLICE BUILDING, AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook  (5) voting yea; nays none.  Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook  (5) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   142 – 2004  ACCEPTING BID FOR PLUMBING, HEATING, VENTILATING, AND AIR CONDITIONING CONTRACTOR FOR CONSTRUCTION OF MUNICIPAL POLICE BUILDING, AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.  The Clerk read the Ordinance by title only.  Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook  (5) voting yea; nays none.  Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook  (5) voting yea; nays none.  So the Ordinance was passed. 

ORDINANCE NO.   143 – 2004  APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.  The Clerk read the Ordinance by title only.  Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Brainard, Buehrer, Carr, Coyle and Shook  (5) voting yea; nays none.  So the Ordinance was passed. 

Mr. SHOOK moved to adjourn until 7:30 p.m., Monday, May 3, 2004, carried v.v.