Council Minutes
August 1 and 15, 2005

7:30 PM, Monday, August 1, 2005 

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

Mayor Wagener presiding. 

Mr. CARR moved to suspend reading the minutes of the July 18, 2005, meeting, and that the minutes also include the following:  “Mr. Buehrer further stated that sidewalks are not planned for both sides of Carew Lane due to the lack of sufficient frontage on one side. He also pointed out that sidewalks do not currently exist on portions of the south side of River Road west of Key Street”, and that the Minutes Journal be approved.  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 that items on the agenda were discussed.  He also stated that the issue of construction of sidewalks on River Road between Key Street and Michigan Avenue was discussed and that a public hearing on the matter would be scheduled for Tuesday, September 6, 2005, at 7:00 p.m.  He requested residents be sent notice of the meeting.  He further stated that the changes to the plans for the “Shops at Fallen Timbers” were discussed and that those changes will be presented to the Municipal Planning Commission for approval at the September 12, meeting.  The Administrator stated that he has had discussion regarding the changes with several of the residents of Jerome Road and that they will be notified of the Planning Commission meeting.

Mr. CARR moved the report be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Mayor opened a public hearing on the request of Greg Rufty, 301 River Road, to encroach on River Road right-of-way by installing an outside fenced dining area.  The Secretary read a letter from the Service Director dated July 26.  He stated that there is a water main along that side of River Road, but the main does not appear to be located close enough to the proposed dining area that would cause a conflict.  He further stated that he believes that a vacation would be more appropriate due to potential liability associated with the use of the right-of-way for this purpose. 

Tommy Hartman, 310 River Road, and Lynne Adkins-Moffitt, 304 River Road, stated that they are concerned about the noise level and having dining tables on the River Road side of the building. 

Mr. Rufty stated that the area would consist of six tables to seat a total of 24, with non-commercial umbrellas, wrought iron fencing, and stamped concrete to resemble cobblestones.  He stated that the area would be for dining, not an extension of the bar.  He further stated that music would not be piped out to this area nor would entertainment be permitted. 

The Law Director stated that she believes a vacation of the property, rather than an encroachment or lease arrangement, should be considered due to possible liability for the City since alcohol would be served and consumed in the proposed dining area. 

Mr. CARR moved to close the public hearing.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Carr recommended referring this matter to the proper committee with notices to be sent to neighbors once a meeting is set.  The Building and Zoning Inspector also requested that Mr. Rufty bring information regarding the proposed lighting for this area to such committee meeting.

Mr. CARR moved the matter be referred to the Land Use, Planning and Zoning Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing the following to the ADA Advisory Commission:  Janet Wolff, West William Street; and Susan Santoro, Willowtree, to two-year terms ending March 1, 2006, and Carol Dills, Miami Manor; Barbara Betz, Miami Manor; and Leonard Schneider, Holgate Avenue; to two-year terms ending March 1, 2007; and to the Revolving Loan Fund Committee:  James Foote, Waite Avenue; and Russell McEwen, Corey Street; to three-year terms ending December 31, 2007, was read.

Mr. ZIMMERMAN moved the appointments for the ADA Advisory Commission be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter of resignation from William S. McCready from the Civil Service Commission was read.

Mr. CARR moved to accept the resignation and to authorize a resolution for Mr. McCready’s service to the City.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter of resignation from William Schmalzried from Building & Zoning Inspection, effective July 29, 2005, was read.

Mrs. BARLOS moved to accept the resignation and to authorize the Administration to advertise for the position.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Maumee Council for the Arts requesting permission to sponsor a “Summer in the City” concert on September 10 in the West Mews was read.  He stated the concert would allow the Arts Council to earn funds lost due to the cancellation of their June concert.

Mr. COYLE moved to approve the concert, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor requesting waiver of the requirement for a permit for a City-wide garage/yard sale for August 20, the day of the Summer Fair, was read.  He stated the garage/yard sale permit is for information purposes only and that no cost is associated with it.

Mr. BRAINARD moved to waive the requirement for a permit for a garage/yard sale on August 20, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A tabulation of bids received by the Service Director for Ford Field Restroom Improvements was presented.  He stated that four bids were submitted and he recommends the bid of Midwest Contracting in the amount of $65,012.  He also requested authority to approve change orders in the cumulative amount not to exceed $4,988.

Mr. BUEHRER moved the bid of Midwest Contracting be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $65,012, and to authorize the Service Director to approve change orders in a cumulative amount not to exceed $4,988, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director presenting the 2004 Comprehensive Annual Financial Report (CAFR) and requesting approval of a change order for the services of the State Auditor was read.  He stated that State Auditor presented a change to the audit cost increasing the cost of the audit by $7,850 for a total of $39,950 at the time of the exit conference.  He said that the increase is due to changes made during the audit to properly reflect capital assets and related notes to the financial statements.

Mr. COYLE moved to place the CAFR on file.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to approve the change order with the State Auditor in the amount of $7,850, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting approval of an agreement for moving services to facilitate the relocation of the Police Division was read.  He stated that Sullivan Moving and Storage has quoted a price of $3,740 to move furniture, records and equipment from 1283 Conant Street to 109 East Dudley Street.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Sullivan Moving and Storage in the amount of $3,740, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting authorization to advertise for bids for Phase 2 of the Anthony Wayne Trail Beautification Project was read.  He stated that this year’s project will address the south side of the Anthony Wayne Trail from Ford Street to the westerly boundary of the Maumee Indoor Theater parking lot and will also include the area between the easterly lot line of the Golden Gate Shopping Center to White Street on the north side of the Trail.  He said that the engineer’s cost estimate is $220,134.

Mrs. BARLOS moved to authorize advertising for bids for Phase 2 of the Anthony Wayne Trail Beautification Project, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting authorization of an agreement with Spartan Stores for use of the Golden Gate Shopping Center parking lot for the Maumee City Limits Cruise and Car Show was read.  He stated that the area in front of the former Foodtown will be used and that a waiver agreement between the owners/lessees and the City is needed.

Mr. BUEHRER moved the necessary legislation be prepared to authorize an agreement with Spartan Stores, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. CARR moved a letter from the Police Chief be added to the agenda.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting authorization of a contract with David Swesey Florist, Maumee, for the purchase of floral items was read.  He stated that David Swesey Florist has quoted a price of $1,625 for seven artificial fiscus trees, a large floral bouquet and three other floral arrangements.

Mr. CARR moved the necessary legislation be prepared to authorize a contract with David Swesey Florist in the amount of $1,625, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Zimmerman read the following report from the Finance Committee. 

Finance Committee Report

      On July 14, 2005 the Finance Committee met to discuss ongoing funding issues for operational expenses for the Maumee Valley Historical Society.  Present from the committee were Douglas Brainard, Jenny Barlos and Todd Zimmerman and Mayor Wagener, Joe Camp, Larry Gamble, Dan Jankowski, John Jezak, Dave Hazard and Linda Wilker of the administration.  The remainder of those in attendance, including several members of the historical society and its board, are indicated in the attendance sheet attached hereto.

      The Historical Society presented information including a detailed budget indicating incomes and expenses for the current year.  Further, the society indicated that it attempted to be conservative in reaching their budget to reflect what the realities of its financial situation were and not simply what the society would like the budget numbers to be.  The budget clearly demonstrated that the society would be facing a deficit of approximately $75,000 at the end of the fiscal year.  Further, as a follow up to prior meetings and the desire by the committee for the society to be as self supporting as possible, discussion was had regarding the society’s ongoing attempts to raise additional monies and avoid unnecessary expenses that were incurred in the past.  While a couple of areas were discussed where additional cuts could be looked at, the committee recognized that the society has in fact made a concerted effort to both increase its revenues from sources other than the city and streamline its operations to reduce expenses.

      Discussion was also had on the fact that ultimately, the properties are owned by the City and while the Historical Society provides a valuable service in interpreting and running them, it cannot as an organization continue to run at deficits such as projected for the present year.  As was discussed, while not the preferred path, the Historical Society could survive separate from the Wolcott complex, but the Wolcott complex would suffer if forced to operate without the aid of the Historical Society.  Thus, it was clear that both parties’ interests would mutually benefit by a continuation of the relationship.  It was also the committee’s opinion that with a greater financial contribution and stake in the Wolcott complex, a greater presence should exist by the administration in attending meetings of the board and overseeing expenses, to have a better understanding and stewardship over how the monies are being used.

 

      In an effort to address prior shortfalls, City Council previously approved an additional $25,000 toward operating expenses.  In light of this previous amount it is the committee’s recommendation that an additional $50,000 be appropriated toward operating expenses for the 2005 fiscal year and that an appropriation be included in the 2006 and 2007 fiscal budgets in the amount of $75,000 a year for operating expenses.  It is further the recommendation of the committee that the administration designate a single member of the administration that will actively participate as a liaison between the society and the city and will provide this committee with an update at least yearly and on a more frequent basis as warranted on the status of what the operational expenses are and how prudently the city money is being used.  Finally, the administration should report back to council and this committee on who has been designated.

Respectfully submitted,

Todd M. Zimmerman, Chair  - Finance

Jenny Barlos

Douglas Brainard 

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

Mr. Coyle read the following report from the Public Information Committee. 

Public Information Committee

      The Public Information Committee met on July 26, 2005, at 2 p.m. to discuss the matter of distributing information from the Charter Review Commission and funding same and the matter of determining ballot language for amendments to the Charter.  Present were committee members Mr. Brainard, Mr. Buehrer, and Mr. Coyle.  Representing the Administration were Mr. Hazard, Mr. Jezak, and Ms. McAdams.  C.J. Nelson from the Maumee Mirror was also in attendance.

      Discussion centered initially on how to meet the legal requirements of notifying the residents of Maumee about the proposed changes to the City charter that will be on the November 8th ballot.  The requirements are to either send a copy to all Maumee registered voters at least 30 days prior to the election date or to publish the charter in its entirety in a local newspaper twice with the initial edition to be at least 15 days prior to the election date.

      After the discussion the committee unanimously agreed on utilizing the Mirror and allocating up to $3,000 to cover the cost.  This option calls for a special section to be included, in the October 20th and 27th editions, to be used solely for the publication of the charter, some educational information and copy of the final ballot issues as they will appear on November 8th.  This will not only meet the legal requirement but as the 27th issue is a blanket edition all households in the city receive a copy.

      The second item of selecting ballot language to send on to the Lucas County Board of Elections for review was discussed by the committee.  Sheilah McAdams presented a draft (attached) grouping the changes into 5 separate ballot issues.  With some minor changes the committee unanimously approved the draft as presented.  The Board of Elections will send us back the final wording for approval prior to it being the official ballot language.

Respectfully submitted,

Michael Coyle, Chair

Douglas Brainard

Brent Buehrer 

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

Mr. CARR moved to refer the matter of school crossing guard personnel to the Safety Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mrs. BARLOS moved a letter from Jack Bartell, President of St. Luke’s Hospital, regarding the speed limit on the Anthony Wayne Trail to the Streets Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.   168 - 2005              ACCEPTING BID RELATIVE TO RESTROOM IMPROVEMENTS AT FORD FIELD, AUTHORIZING EXECUTION OF 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:  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.   169 – 2005                AUTHORIZING CHANGE ORDER TO AGREEMENT BETWEEN THE AUDITOR OF THE STATE OHIO AND THE CITY OF MAUMEE, OHIO, 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.  170 - 2005              AUTHORIZING CONTRACT WITH SULLIVAN MOVING & STORAGE RELATIVE TO POLICE DIVISION RELOCATION SERVICES 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 Ordinance was passed. 

ORDINANCE NO.   171 – 2005                AUTHORIZING AGREEMENT WITH SPARTAN STORES FOR USE OF GOLDEN GATE PLAZA PARKING LOT FOR MAUMEE CITY LIMITS CRUISE AND CAR SHOW, 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.  172 - 2005                AUTHORIZING PURCHASE OF FLORAL MATERIAL FROM DAVID SWESEY FLORIST FOR THE NEW POLICE BUILDING, 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, Buehrer, Coyle, Shook and Zimmerman (5) voting yea; nays none.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Coyle, Shook and Zimmerman (5) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   173 - 2005                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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

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

When Council returned to regular session, Mrs. BARLOS moved to adjourn to Monday, August 15, 2005.  Motion carried v.v.

**************************

7:30 PM, Monday, August 15, 2005

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

Mr. CARR moved to suspend reading the minutes of the August 1, 2005, meeting, and amend the draft minutes to reflect the following:  “Mr. ZIMMERMAN moved the appointments for the ADA Advisory Commission be confirmed.” and that the Minutes Journal be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. ZIMMERMAN moved to confirm the appointments of James Foote, Waite Avenue; and Russ McEwen, Corey Street; to the Revolving Loan Fund Committee to three-year terms ending December 31, 2007.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A tabulation of bids by the Commissioner of Public Service for building cleaning services was read.  He stated that five bids were received to clean the Municipal Building and the Police Station and he recommends the bid of Clean Care Incorporated of Toledo with the following monthly rates:

                                                                                Year 1                                Year 2                                Year 3

City Hall                                                $1,930                                $1,959                                $1,988

Police Division Building                      $2,665                                $2,705                                $2,745

Mr. BUEHRER moved that the bid of Clean Care be declared the lowest and best and that the necessary legislation be prepared to authorize a contract, as recommended.  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 window cleaning services for City Hall was read.  He stated that Fish Window Cleaning has proposed a contract to clean the interior and exterior windows at a cost of $1,095.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Fish Window Cleaning in the amount of $1,095, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Alaina Meister, Joliet Drive, to the Tree Commission for a five-year term ending May 31, 2010, was read.

Mr. ZIMMERMAN moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization for a contract for a traffic signal warrant study for Carew Lane intersections with Detroit Avenue and River Road was read.  He stated that Proudfoot and Associates has proposed a contract in the amount of $5,548.

Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Proudfoot and Associates in the amount of $5,548, 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 an agreement with Pierce Electric for the removal of the backup generator from 1283 Conant Street was read.  He stated that Pierce Electric has quoted a price of $6,483.  He said that the backup generator will be stored at the Service Department yard for future use.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Pierce Electric in the amount of $6,483, as requested.  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 that extensive public testimony was received regarding the issue of the Maumee Youth Football League using Rolf Park for practice and that the issue is the subject of the Parks and Recreation Committee report.

Mr. CARR moved the report be approved.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Zimmerman read the following report from the Land Use, Planning & Zoning Committee.

Land Use, Planning & Zoning Committee

      On Wednesday, August 10, 2005, the Land Use, Planning & Zoning Committee met at 6:00 p.m. regarding the petition for permission to encroach approximately three feet onto the City property by Gianno’s restaurant and its property owner at its future site at the old Chadwick Inn Building (301 River Road).  Present were Rich Carr, Tom Shook, and Todd Zimmerman of the committee, Sheilah McAdams, Dave Hazard, Linda Wilker and John Jezak of the administration, Greg Rufty on behalf of Gianno’s and the property owner and several citizens as indicated in the attached attendance sheet.

      The first issue discussed was the issue of the requested encroachment versus a vacation of property or alternatively a lease.  Ms. McAdams indicated that for liability reasons, a vacation would be the preferable manner in which to structure the request allowing the petitioner to use a portion of the right of way.  A lease and/or encroachment could be used if insurance for the City was provided, but may still result in some later exposure to the City if alcohol was served on the property.

      Next the issue of the proposed use itself was discussed and Mr. Rufty gave a description of the intended use of the encroachment along with the property’s owner’s land to allow for six outdoor tables for dining during those months allowing for outdoor seating.  Concerns over lighting and service time were raised by area neighbors, and Mr. Rufty indicated that the parking lot lighting issue was Toledo Edison’s, but that he had contacted Toledo Edison and that no additional lighting is proposed for the patio area.  With regard to the time of use, Mr. Rufty indicated that it would be agreeable to limit the outdoor area to prohibit service after 9;30 p.m., with an anticipated 8:30 p.m. last seating.  As described the area was intended as a nice dining area and not merely an outdoor bar type atmosphere.  In light of the agreed upon conditions, listed below, the neighbors present seemed agreeable to the compromise allowing the use.

      The committee felt comfortable with Mr. Rufty’s described plan for use and thus it is the unanimous recommendation that the request for a three-foot use of City property be approved subject to the conditions listed below.  It is however the committee’s recommendation that the use be in the form of a vacation of property and not an encroachment, and that the vacation be made subject to the following:

1.                    No additional exterior lighting will be placed in the area;

2.                    No service will occur and patrons will be asked to leave the outdoor seating area at 9:30p.m.;

3.                    There will be no advertisement or logos on any umbrellas used on the patio;

4.                    There will be aluminum fencing, similar in appearance to wrought iron fencing and as approved by the administrative board around the entire patio area;

5.                    That there will be a maximum of six tables allowing for a maximum of twenty-four persons on the patio area at any one time;

6.                    There will be no music or entertainment on the patio; and

7.                    Should the property be sold or the LLC which owns the property be sold or change ownership, the City would have the right to repurchase the vacated property for the price paid by the owner to acquire it from the City.  This right would be superior to any other party’s right to acquire that property and would occur regardless of whether the building will still be used as a restaurant.

Respectfully submitted,

Todd M. Zimmerman, Chair

Richard Carr

Thomas Shook

Mr. ZIMMERMAN moved the report be approved in its entirety.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Carr read the following report from the Safety Committee.

Safety Committee

The Safety Committee met on August 8, 2005, at 6:00 p.m.  Present were Rich Carr, Doug Brainard and Tom Shook of the committee, and Police Chief Zink, John Jezak, Dave Hazard, Larry Gamble and Linda Wilker of the administration.

The first issue before the committee was determining where to place school crossing personnel and/or pedestrian signalization in conjunction with the new Ft. Miami School.  The three intersections under consideration were Detroit Avenue/Carew Lane, River Road/Carew Land, and Detroit Avenue/River Road/Scott Street.  Since further discussion and research on available options is warranted, the committee’s recommendation is to direct the administration to have the necessary traffic studies performed at these intersections and forward the results to this committee.  This matter will remain in committee.

The second issue was the matter of Police Division staffing as it related to adding a second School Resource Office.  At present, a School Resource Officer is assigned to Maumee High School to assist in creating a safe school environment, provide student mentoring, and assist with disciplinary issues.  The Police Chief felt a second School Resource Officer, to be assigned to Gateway Middle School, would support other police programs involving school age children.  By reassigning current staff, no increase in authorized strength would be necessary and the individual assigned could act as a traffic enforcement officer during the summer.  The two School Resource Officers would utilize rotating schedules which would place the high school officer at the middle school and the middle school officer at one of the elementary schools one day per week to provide maximum exposure of both officers to the student body.  The Police Chief stressed the use of School Resource Officers as a efficient utilization of the City’s police resources, and an indispensable educational component of the Crime Prevention unit’s arsenal, which includes programs such as Safety City, Bike Safety, Seat Belt Safety, and D.A.R.E. along with Scout Tours, presentations, lectures, and publications.  The committee’s recommendation is to authorize the Police Chief to assign a second School Resource Officer to the Maumee City School system as requested.

Respectfully submitted,

Richard Carr, Chair

Douglas Brainard

Thomas Shook (As to form only.  Abstained due to a conflict of interest.)

Mr. Zimmerman asked if the Police Chief will request additional officers.  Chief Zink stated he does not anticipate a need for additional personnel in the near future.

Mr. CARR moved the report be approved in its entirety.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD read the following report from the Parks & Recreation Committee.

Parks & Recreation Committee

      The Parks & Recreation Committee met on Friday, August 12, 2005, at 4:00 p.m.  Present at the meeting were:  Brent Buehrer, Todd Zimmerman and Doug Brainard of the committee, Larry Gamble, Joe Camp, Dave Hazard, and Linda Wilker of the administration, Mark Karchner and Brett Adams representing Maumee Youth Football League, and Dean Niese representing Maumee Youth Soccer Association.  The issue before the Committee was a request from Youth Football to use a field at Rolf Park for two-hour practices four days per week.  (It should be noted that this same request had been before the Parks & Rec. Committee in September of 2004.)

      The meeting began by giving a brief overview and summary of the Parks & Recreation meeting in September of 2004.  At that time Maumee Youth Football came before the committee and requested the use of a field at Rolf Park to use for practice.  At the conclusion of that particular meeting, it had been decided that since the request had come before the committee after the soccer schedule had already been made out, the Maumee Youth Football would seek out an alternate site for practice for the 2004 season.  However the Maumee youth Soccer Association was advised that when they make their schedule for the 2005 season some time be allowed for the youth football league to practice as requested.  The schedule was made and did not include any time for the youth football and as a result the matter was back before the committee.

      Mr. Karchner spoke first on behalf of the Maumee Youth Football League.  He indicated that since last season the league has grown to five teams all competing for fields to practice at least two hours per night.  He stated that last season they did in fact use alternate sites but fell that the alternate fields that exist being used are not conducive to their program and could result in injuries to the participants.

      Mr. Niese spoke on behalf of the Maumee Youth Soccer Association.  He stated that presently there are over 700 children involved in the soccer program and they are also using additional fields to practice on.  He sent on to say that in his opinion Rolf Park fields are presently overused and that is why the soccer program uses fields at Fairfield and Ft. Miami Schools.  He stated however they would be willing to give up a field to the football program resulting in additional use of the fields at Rolf Park.

      Prior to the meeting Mr. Buehrer had the administration provide the committee with Council minutes involving the formation of Rolf Park highlighting the purpose of the creation of Rolf Park.  Specifically the park was created to provide the youth of Maumee a place to participate in athletics.  Mr. Buehrer pointed out that at that time no one sport was specifically named and that it was for athletics was in general.  Mr. Buehrer asked both representatives if they could provide the percentage of Maumee youth being served.  According to Mr. Adams he indicated that 95% of the youth participating in football reside within Maumee.  Mr. Niese indicated that 68% of the youth participating in soccer reside in Maumee.

      Mr. Zimmerman questioned whether soccer or football was more abusive to a playing field.  While some felt that football was more abusive, it was pointed out that the ages of the children participating in the football program were young enough that this may not pertain to this situation.  Additionally the football program is only nine weeks long and the use of the field does not include any games.

      After much discussion the following was decided.  Since all five fields were to be used during the present weekend by the soccer league for tournament play and the field scheduled for resting would not have begun until after the tournament, the youth football league for the next nine weeks, would use for practice the field that is scheduled for resting.  This would not interfere with the soccer league and their schedule since they were not intending on using the field scheduled for resting.  At the end of the nine weeks, an assessment will be made of the field and for significant damage that may have been caused by the youth football practice.  Mr. Karchner stated that they are willing to work with the City and abide by any rules and recommendations made.

      It is therefore the unanimous decision of the committee to recommend to Council the aforementioned resolution to the request for use of a field by the youth football league knowing that this decision will not interfere with youth soccer and that an assessment will be completed at the conclusion of the football season reporting any damage done to the field as a result of the football practice back to the committee.

Respectfully submitted,

Douglas Brainard, Chair

Brent Buehrer

Todd Zimmerman

Mr. BRAINARD moved the report be accepted in its entirety.  Roll call:  Brainard and Buehrer (2) voting yea; Barlos, Carr, Coyle, Shook and Zimmerman (5) voting nay.  The Chair declared the motion failed by a 2-5 vote.

Mr. BRAINARD moved to allow Maumee Youth Football League to practice on the “resting” field at Rolf Park four nights per week for two hours each night for nine weeks with the field having weekly assessment by the Service Department; and that the Service Director or Commissioner of Public Service have the authority to close the field if it is showing signs of damage by the football league practice; and that the football league follow all rules of closed fields due to weather conditions.

Mr. Carr stated that he believes that Maumee Youth Football League and Maumee Youth Soccer Association should meet and come to a compromise before Council votes on the issue.

Mrs. Barlos stated that she believes the issue should remain in committee and that fields for all athletics should be discussed.

Mr. Shook stated that he believes that Gateway Middle School field is a good field for football and should used.

Mr. Coyle stated that he wants to meet on the issue as soon as possible to find a resolution.

Mr. BRAINARD moved to call the question.  Roll call:  Barlos, Brainard, Buehrer and Coyle (4) voting yea; Carr, Shook and Zimmerman (3) voting nay.  The Chair declared the motion carried by a 4-3 vote.

The roll was called on Mr. Brainard’s motion.  Roll call:  Brainard, Buehrer and Coyle (3) voting yea; Barlos, Carr, Shook and Zimmerman (4) voting nay.  The Chair declared the motion failed by a 3-4 vote.

Mr. COYLE moved to refer the matter of evaluating additional sites for all youth athletics to the Parks & Recreation Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to refer the matter of the use of Rolf Park by Maumee Youth Football League to the Parks & Recreation Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to reconsider the motion to accept the Safety Committee report.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved Mr. Shook be allowed to abstain from voting due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to approve the Safety Committee report in its entirety.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle and Zimmerman (6) voting yea; nays none; Shook (1) abstaining.  The Chair declared the motion passed by a 6-0 vote.

Mr. Carr stated that the opening of Mr. Rufty’s newly remodeled restaurant at 301 River Road is planned for prior to the next Council meeting.  He added that the liquor license transfer application must be submitted prior to that.

Mr. CARR moved the Municipal Clerk be authorized to write a letter to the Ohio Department of Liquor Control stating the City has no objections to the transfer of the liquor permit for Gianno’s at 310 West Dussel Drive to Gianno’s at 301 River Road.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO.  174 – 2005                PROPOSING AND PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF MAUMEE, OHIO, AT THE NEXT GENERAL ELECTION ON NOVEMBER 8, 2005, CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY OF MAUMEE, OHIO, IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE CHARTER REVIEW ADVISORY COMMISSION, REPEALING SAID SECTIONS AS CURRENTLY WRITTEN, 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.   175 - 2005                ACCEPTING BID FOR CLEANING SERVICES FOR MUNICIPAL FACILITIES, 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:  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.   176 – 2005                AUTHORIZING WINDOW CLEANING SERVICES FOR MUNICIPAL BUILDING, AND DECLARING AN EEMRGENCY.

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.  177 - 2005                AUTHORIZING AGREEMENT WITH PROUDFOOT ASSOCIATES, ENGINEERS, RELATIVE TO SIGNAL WARRANT STUDY IN THE CITY OF MAUMEE, OHIO, 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.   178 – 2005                AUTHORIZING CONTRACT WITH PIERCE ELECTRIC RELATIVE TO POLICE RELOCATION SERVICES 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.  179 - 2005                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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed.

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

When Council returned to regular session, Mr. BRAINARD moved to add to the agenda the matter of the vacation of right-of-way at 301 River Road, discussed at the meeting of August 1.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD moved to set a public hearing on the vacation of right-of-way at 301 River Road for September 6 at 7:30 p.m.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to adjourn to Tuesday, September 6, 2005.  Motion carried v.v.