Maumee City Council 
April 2, 2007 and April 16, 2007
Minutes

7:30 P.M. Monday, April 2, 2007   

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, Pauken and Zimmerman (7). Mayor Wagener presiding.

Mr. CARR moved to suspend reading the minutes of the March 19, 2007, regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

Ken Buckland, representative of the American Legion, Post 320, presented to the City the Legion's patriotism award.

A notice from the Ohio Department of Liquor Control regarding annual renewal of all liquor permits was presented. It stated that all permits expire on June 1, 2007, and included a list of all permits. The Police Chief stated he has no objections to any of the renewals. 
Mr. BRAINARD moved to place the notice from the Division of Liquor control of annual renewal of liquor permits on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Clerk presenting the 2007 updates of the Municipal Code of Ordinances was read. He stated that the revisions include various ordinances passed by Council between January 1, 2006, and December 31, 2006; changes to the Traffic and General Offenses sections to bring the City's code in conformance with the Ohio Revised Code; and amendment of the City Charter, approved by voters in November, along with updates to reference tables. 
Mrs. BARLOS moved the necessary legislation be prepared to adopt the 2007 updates to the Maumee Municipal Code of Ordinances. 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 maintenance of water and sewer pump control systems was read. He stated that he received a proposal from Bergren Associates, Inc., Middleburg Heights, Ohio, to perform bi-annual maintenance on the Supervisory Control and Data Acquisition (SCADA) System at the sanitary Turnpike lift station, Michigan Avenue water pump station, and the two elevated water towers. He also stated the service includes calibration and fine-tuning of alarm control modules and processors. 
Mr. PAUKEN moved the necessary legislation be prepared authorizing a maintenance agreement with Bergren Associates, Inc., Middleburg Heights, Ohio, in an amount not to exceed $2,800 to perform bi-annual maintenance on the SCADA system. 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 grant agreement with the Ohio Public Works Commission for emergency sewer repairs was read. He stated that Ohio Public Works Commission has agreed to provide emergency funding toward repairs due to the collapse of the storm sewer on Key Street in an amount of up to$71,765. Mr. ZIMMERMAN moved the necessary legislation be prepared accepting an emergency grant from the Oho Public Works Commission in an amount up to $71,765 for repairs at the intersection of Key Street and River Road. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting a water and sewer infrastructure study was read. He stated that the collapse of the Key Street storm sewer demonstrates potential problems with our aging infrastructure, which should be studied for development of a long-term plan. 
Mr. CARR moved to refer the matter of a water and sewer infrastructure study to the Water and Sewers Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of three bids received by the Commissioner of Public Service for improvements to Monclova Road at U.S. 24 was read. He stated that when the roadway and underground infrastructure improvements for the Shops at Fallen Timbers were let to bid, the lane and signal improvements along Monclova Road and the Anthony Wayne Trail were omitted. He stated that he recommends authorizing a contract with Diversified Road and Pipe, Inc., in an amount not to exceed $136,377.25, which will be funded through the Fallen Timbers Phase One Improvements financing. 
Mr. BUEHRER moved the bid of Diversified Road and Pipe, Inc. be declared the lowest and best and the necessary legislation be prepared to approve a contract with Diversified Road and Pipe, Inc. in the amount of $136,377.25 for improvements along Monclova Road. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the retirement of Patrick Wambo from the Fire Prevention Bureau effective May 4, 2007, was read. 
Mrs. BARLOS moved to confirm the acceptance of the retirement of Patrick Wambo from the Fire Prevention Bureau effective May 4, 2007. Roll call: All members present voting yea, the Chair declared the motion carried. Mrs. BARLOS moved to refer the matter of staffing in the Fire Prevention Bureau of the Fire Division to the Finance Committee.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting and discussed items on the agenda and also met in executive session to discuss the purchase and sale of real estate.

Mr. Zimmerman read the following report from the Finance and Economic Development Committee:

Finance & Economic Development Committee

        On March 29, 2007 the Finance Committee met for the purpose of review of the request to proceed with the cupola restoration and installation on the new fire station. Present were Doug Brainard and Todd Zimmerman from the committee and Mayor Tim Wagener, Chief Monto, Larry Gamble, Joe Camp, John Jezak, Dave Hazard and Linda Wilker of the administration. 
        A discussion was held regarding why the cupola was not approved at the time the initial approval for the fire station occurred. At the earlier point, the bids for the cupola appeared high and this was proven true in light of the current proposal that is nearly one half the earlier bid amounts. All present agreed the cupola would add aesthetically to the fire station. As such, it was the unanimous recommendation of those committee members present to proceed with the change order adding the Cupola at a cost of $14,770. 
Respectfully submitted, 
Todd Zimmerman, Chair 
Jenny Barlos, Member 
Doug Brainard, Member

The Commissioner of Public Service stated the reconstruction of the cupola was included in the bid specifications as an alternate that was not accepted. He added that bids on the alternate ranged from $24,400 to $32,000 and acceptance would not have affected the determination of the "low bidder".

Mr. ZIMMERMAN moved the necessary legislation be prepared approving a change order for restoration and installation of the cupola for the fire station at a cost of $14,770, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 51 - 2007         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. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 52 - 2007         AUTHORIZING CONTRACT WITH BERGREN ASSOCIATES, INC., RELATIVE TO MAINTENANCE OF CONTROL SYSTEMS AT THE MICHIGAN AVENUE WATER PUMPTING STATION AND THE TURNPIKE SEWER PUMTING STATION, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 53 - 2007         AUTHORIZING FILING OF APPLICATION FOR FUNDS WITH THE OHIO PUBLIC WORKS COMMISSION RELATIVE TO THE KEY STREET STORM SEWER REPAIR PROJECT, AUTHORIZING EXECUTION OF AGREEMENT, COMMITING FUNDS FOR LOCAL SHARE, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 54 - 2007         ACCEPTING BID RELATIVE TO CONSTRUCTION OF LANE AND SIGNAL IMPROVEMENTS IN THE PUBLIC INFRASTRUCTURE FOR THE SHOPS AT FALLEN TIMBERS IN THE CITY OF MAUMEE, OHIO, AUTHORIZING EXECUTION OF A CONTRACT, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 55 - 2007         AUTHORIZING EXECUTION OF CHANGE ORDER TO CONTRACT FOR THE CONSTRUCTION OF THE NEW FIRE STATION IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 56 - 2007         APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

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

When Council returned to regular session, Mr. ZIMMERMAN moved to adjourn until 7:30 p.m., Monday, April 16, 2007. Motion carried v.v.

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7:30 P.M. Monday, April 16, 2007 

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, Pauken and Zimmerman (7). Mayor Wagener presiding.

Mr. CARR moved to suspend reading the minutes of the April 2, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service regarding a request by Keith R. Helminski, 1146 River Road, to encroach into the City's right-of-way at 1146 River Road for driveway improvements was presented. He stated the improvements include removal of the existing driveway and installation of a new driveway to include a turnaround and an additional curb cut. He also stated he has no objections provided the City tree that is within the area of the proposed drive be either moved or replaced. Mr. PAUKEN moved the necessary legislation be prepared approving an encroachment into the City's right-of-way at 1146 River Road for concrete driveway improvements subject to signing an encroachment agreement and relocating a City tree per the Service Department's approval. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Nicole L. Kozina, effective April 5, 2007, and Richard E. Ottensman, effective April 19, 2007, to Firefighter Class II, was read. Chief Monto stated both individuals have satisfactorily completed three years of service at the Firefighter I level.
Mr. BRAINARD moved the appointments be confirmed Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Ryan Glazener, Gibbs Street, Adam Ziehr, Key Street, and Ron Wedge, Thackeray Street, to Firefighter Class II, was read.
Mr. BUEHRER moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Corey Nelson, Monclova Township, and Ian Wright, West Harrison Avenue, as temporary laborers for Rolf Park Softball, was read.
Mrs. BARLOS moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Eric MacDonald, Linden Ct., and Garrett Nowak, West Harrison Avenue, as summer seasonal laborers, was read.
Mr. PAUKEN moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing summer workers for the swimming pool was read. They are: Concession/Admissions - Becky Zunkiewicz, Monclova Township; Jillian DeBrosse, Dussel Drive; and Lindsay Diegel, Meadow Springs Ct.; Lifeguards - Griffin Byers, East Harrison Avenue; Lindsay Gladieux, Toledo; Josie Fronk, Linden Ct.; Andrea Fronk, Linden Ct.; Travis Kinney, Clinton Street; and Kellsey Miller, Swanton.
Mr. CARR moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to apply to the Bureau of Justice Administration for the Bulletproof Vest Partnership Grant for 2007 was read. He stated that the Police Division needs to purchase nine vests at a cost of $6,025, and that Bulletproof Vest Partnership would reimburse up to 50% or $3,012.50.
Mr. BRAINARD moved the necessary legislation be prepared to authorize application and acceptance of the Bulletproof Vest Partnership Grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Prosecutor requesting renewal of an agreement with Thomson West for on-line legal research service was read. He stated that the contract would be for a period of one year for a total cost of $2,647.44, an increase of $173 over 2006.
Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Thomson West in an amount not to exceed $2,647.44 for on-line legal research services. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Department requesting authorization of a contract with Hoover Wells, Toledo, in an amount not to exceed $9,680 for the Rez-Stone flooring system at the Dussel Drive Water Tower, was read. He stated that the existing VCT flooring was damaged from the tower flooding situation and was removed. He also stated that the new flooring is a skid-resistant epoxy system that eliminates painting of the floors.
Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Hoover Wells, Toledo, in an amount not to exceed $9,680 for the Dussel Drive Water Tower flooring system. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting permission to apply for a grant through the FEMA/USFA Assistance to Firefighters for traffic information and control systems was read. He stated that the total amount being applied for is $316,000 and the City's share is $15,800.
Mrs. BARLOS moved the necessary legislation be prepared to authorize the application and acceptance of the FEMA/USFA Assistance to Firefighters for a 95/5 grant for traffic information and control systems. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting authorization to proceed with plans for a "Rock the Block" summer concert on June 16, 2007 was read. He stated that the matter of City support for the event remains in committee and the sponsoring organizations, the Chamber of Commerce and Maumee Uptown Business Association, are merely requesting approval of the date, time, and place in order to plan this year's event.
Mr. BUEHRER moved to approve June 16, 2007, from 5:00 p.m. to midnight, for a "Rock the Block" summer concert; authorize the closure of the West Mews and the 100 block of West Dudley Street beginning at 8:00 a.m.; and waive the noise ordinance with the conditions that consumption and distribution of alcohol be confined to the fenced-in areas of the West Mews only and that the concert end by 11:00 p.m. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting the matter of a connector road from Russell Road north to Monclova Road be referred to the Streets Committee was read. He stated that, since he anticipates the connection will be needed in the near future and that it will require the cooperation of Lucas County as well as the developers, he believes it would be prudent to begin the planning process for this connection.
Mrs. BARLOS moved to refer the matter of a connection road from Russell Road north to Monclova Road to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

The 2006 Building & Zoning annual report was presented.
Mr. PAUKEN moved to place the Building & Zoning Division's annual report on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting the matter of implementing Right Stuff software citywide be referred to the Finance Committee. He stated that there is interest in implementing the Right Stuff scheduling software citywide, which will reduce time spent on payroll and allow the preparation of comparative reports necessary for budget analysis and potential cost savings in the area of personnel.
Mr. ZIMMERMAN moved to refer the matter of implementing Right Stuff software city-wide to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting and there were no items on the agenda for discussion.

Mr. Zimmerman read the following report from the Finance and Economic Development Committee:

                                                        Finance & Economic Development Committee

            On April 5, 2007 the Finance Committee met to discuss the 2007 capital budget. Present were committee members Jenny Barlos, Doug Brainard and Todd Zimmerman; with Dave Hazard, Linda Wilker and Amber Rathburn from the Finance Department. At various appropriate times, also present were other members of the administration including Larry Gamble, Chief Monto, Bruce Wholf and other persons.
            The capital budget had been discussed in conjunction with the operating budget and specific requests were looked at in detail. Numerous items were eliminated and/or delayed. Other items have been included in the budget but will proceed only if grant funding is obtained. As such, it is the committee's unanimous recommendation that the 2007 capital expenditures attached hereto be approved as the 2007 capital budget. The approved budget items are still subject to the 2007 status column with regard to whether they must be bid, whether further action is needed prior to proceeding with them, or any other direction is indicated by the status.
Respectfully submitted,
Todd Zimmerman, Chair
Jenny Barlos, Member
Doug Brainard, Member

Mr. ZIMMERMAN moved the 2007 capital budget be approved and the necessary legislation be prepared authorizing the 2007 Capital Expenditures according to the report. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

RESOLUTION NO. 57 - 2007             AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION TO PARTICIPATE IN THE BUREAU OF JUSTICE ADMINISTRATION BULLETPROOF VEST PARTNERSHIP 2007, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. COYLE moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. COYLE moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 58 - 2007             AUTHORIZING EXECUTION OF AGREEMENT WITH THOMSON WEST RELATIVE TO WESTLAW SERVICE FOR DIVISION OF MUNICIPAL PROSECUTION, 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 59 - 2007             AUTHORIZING CONTRACT FOR REPLACEMENT FLOORING FOR DUSSEL DRIVE WATER TOWER STRUCTURE 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, Pauken 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, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

RESOLUTION NO. 60 - 2007 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION OR APPLICATIONS WITH FEMA/USFA RELATIVE TO GRANT FUNDING FOR A TRAFFIC PREEMPTION SYSTEM AND RAILROAD VIDEO CAMERA SYSTEM, AUTHORIZING ACCEPTANCE OF GRANTS, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. CARR moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. CARR moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 61 - 2007 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS CAPITAL EXPENDITURES.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, May 7, 2007. Motion carried v.v.