Council Minutes
August 7 and 21, 2006

Monday, August 7, 2006

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 July 17, 2006, meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter by the Mayor appointing Sean Mouch, Scott Street, and Mike Donohue, Askin Street, to Firefighter Class I was read.

Mrs. BARLOS moved the appointments be confirmed.  Roll call: All members present voting yea, the Chair declared the motion carried.

 

A letter by the Mayor appointing Rex Palmer, Meadow Spring Road, to the Civil Service Commission for a six

year term ending December 31, 2011, was read.

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

 

A notice from the Division of Liquor Control of an application for a new permit for Suresh Kumar Gankidi, ACA of Toledo, Inc. (dba Convenience Express), 1289 Conant Street, was presented.   Mr. Brainard expressed concern for the number of liquor permits for carryouts issued recently.

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

Mr. PAUKEN moved to place the application on file.  Roll call:  Barlos, Brainard, Carr, Coyle, and Pauken (6) voting yea; Buehrer (1) abstaining.  The Chair declared the motion carried by a 6-0 vote.

(Reconsidered later in the meeting.)

 

A letter from the Police Chief requesting authorization of a purchase contract for foam furniture was read.  He stated that this mock furniture would be utilized in the maze house at the Public Safety Training Center.

Mr. COYLE moved the necessary legislation be prepared to authorize a purchase agreement with Crown Gym Mats, Inc., in an amount not to exceed $1,000 for foam furniture for the Safety Training Center, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

 

A letter from the Police Chief requesting authorization of a purchase contract for seven tactical team rifles was read.  He recommended a purchase agreement with Kiesler Police Supply, Inc., in the amount of $14,334.62.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a purchase agreement with Kiesler Police Supply, Inc., for rifles, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

 

A letter from the Commissioner of Public Service requesting that the reconstruction of the Water Tower offices and shops be declared an emergency and a contract for reconstruction be authorized was read.  He stated that Quest Construction has been involved with this project from the initial damage report and he has been very pleased with the work performed thus far.  He recommended a contract with Quest Construction in an amount not to exceed $33,857.12 and requested that the bidding process be waived to facilitate immediate reconstruction of the Water Tower offices and shops.

Mr. PAUKEN moved the necessary legislation be prepared to declare a real and present emergency and to authorize a contract with Quest Construction in an amount not to exceed $33,857.12 to restore internal areas of the Water Tower, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

 

A letter from the Police Chief requesting authorization to apply for a Drug Abuse Resistance and Education (D.A.R.E.) grant was read.  He said the application amount is $15,875.

Mr. BRAINARD moved the necessary legislation be prepared to authorize the application for, and the acceptance of, a D.A.R.E. grant through the Ohio Attorney General 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 new fund was read.  He stated that the City has an agreement with the Monclova-Maumee-Toledo (MMT) Joint Economic Development Zone (JEDZ) board to collect and distribute the revenue generated by the income tax imposed by the JEDZ.  In order to properly account for these monies, a new fund is needed.

Mr. ZIMMERMAN moved the necessary legislation be prepared to establish an agency fund for receipts from the MMT JEDZ, as requested.   Roll call: All members present voting yea, the Chair declared the motion carried.

 

The request of Winston Vance, 322 W. Broadway Street, for permission to encroach upon Kingsbury Street right-of-way to construct a driveway was presented.  A letter from the Service Director and the Building and Zoning Inspector stating no objection to the request providing certain conditions are met was read.  They recommended that no reinforcing wire be in the concrete, that use of the driveway be limited to vehicles no greater than one ton GVW, and that, should repairs to the storm sewer require removal of any portion of the drive, the City not be responsible for replacing the drive.  Mr. Vance was present and responded that he agreed with the conditions.

Mr. CARR moved to approve the request to encroach upon Kingsbury Street right-of-way to construct a driveway, subject to the recommendations of the administration and execution of the City’s encroachment form.  Roll call: All members present voting yea, the Chair declared the motion carried.

 

A report of the Charter Review Commission recommending amendment of the Charter to provide for continuity of government during an emergency was read.  The Commission recommended Council act to place the amendments on the ballot for the November 7th election.

Mr. COYLE moved the necessary legislation be prepared to authorize the recommended amendments to the Charter be placed on the ballot for the November 7th election, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved the matter of distributing information from the Charter Review Commission and funding of same be referred to the Public Information Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

 

A letter from the Administrator regarding changes to the bylaws of the Theater Advisory Commission was read.  He stated Commission recommended Council amend Chapter 187 of the Code to establish rules by which the Maumee Indoor Theater Advisory Board may conduct its business. 

Mrs. BARLOS moved the necessary legislation be prepared to amend Chapter 187 of the Maumee Codified Ordinances, 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 sub-recipient agreement for fiscal year 2006 Formula CDBG grant was read.  He stated that this grant program is administered by Lucas County Commissioners and will provide $40,800 for hard surface walkway improvements at Rolf Park under the agreement.  He said the City and the Board of Lucas County Commissioners must enter into a sub-recipient agreement for this CDBG program.

Mr. PAUKEN moved the necessary legislation be prepared to authorize a sub-recipient agreement with the Lucas County Commissioners, 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 maintenance agreement for elevators at the police station was read.  He stated that the one-year warranty period ends on August 7th and the City is now required to obtain a monthly maintenance inspection.  He stated that Toledo Elevator and Machine Co. have proposed a contract in the amount of $135 per month for this service.

 Mr. PAUKEN moved the necessary legislation be prepared to approve a contract with Toledo Elevator and Machine Co. in an amount not to exceed $135/month for monthly elevator inspection and maintenance in the Police building, 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 window cleaning service was read.  He stated that it has been a year since the windows in the Police Building were cleaned.  He stated that Fish Window Cleaning has proposed a contract in the amount of $1,794 to perform this work.

Mr. CARR moved the necessary legislation be prepared to authorize a contract with Fish Window Cleaning in the amount of $1,794 to clean windows in the Municipal and Police buildings, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

 

A letter from the Service Director requesting amendment of the architect agreement for the new fire station was read.  He stated that the design contract for Fire Station #1 was approved in May, 2002, but actual start of design was delayed until 2005 and, because of the change in scope as well as the performance of work that was not included in the initial contract, Poggemeyer Design Group is requesting a contract amendment of $118,300.34 increasing the contract amount to $336,930.34, which includes reimbursable expenses.

Mr. Buehrer said he believes this matter should have been raised at the time the increase in building size was considered.

Mr. BUEHRER moved the necessary legislation be prepared to approve a contract amendment with Poggemeyer Design Group in a total contract amount not to exceed $336,930.34, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting consideration of enrollment in a Workers’ Compensation group rating pool was read.  He stated that the City has been presented with the opportunity to join a Workers’ Compensation pool for 2007.  The City’s participation in 2003 and 2004 generated significant savings of premiums for those years. 

Mr. ZIMMERMAN moved to refer the matter of the City’s participation in a group rating pool for Workers’ Compensation to the Finance Committee, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR gave a verbal report from the Committee of the Whole.  He stated the Committee of the Whole met prior to tonight’s Council meeting and discussion included communication to the public regarding the benefits of Tax Increment Financing (TIF), the request for an increase in the architect’s fee for the new fire station, and the sale and installation of All America City banners throughout the City.

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

                                    FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT

  On July 31, 2006, the Finance Committee met to discuss Tax Increment Financing (TIF) for the proposed General     Growth/Isaac development.  Present from the committee were Jenny Barlos, Doug Brainard and Todd Zimmerman.  Also present were Mike Coyle and Tim Pauken of council, Mayor Tim Wagener, Larry Gamble, John Jezak, Dave Hazard, Sheila McAdams and Linda Wilker from the administration.  Steve Grassbaugh, the City of Maumee’s bond counsel was also present.  Finally, representatives of General Growth and Isaac Development were present.  The meeting was recorded on audiotape.

The meeting started similar to other meetings on this topic with Steve Grassbaugh providing a very thorough explanation of the proposed TIF agreement, the current breakdown on numbers and potential payment/bond amounts and a general discussion on how the project would and/or could progress.  Under the current projections, over the life of the property that was TIF’d, the city could potentially create in excess of $50,000,000 in revenues to be used toward capital expenditures for permissible purposes set forth in the TIF.  To move forward with the project, the City must pass three pieces of legislation including an ordinance enacting a specific non-discrimination hiring policy, a development agreement and the TIF ordinance.  After questions of Mr. Grassbaugh, the committee appeared satisfied that extensive forethought had been put into the ordinances/agreement to protect the City’s interests as much as possible.                

 

After the presentation by Mr. Grassbaugh, all four directors (Larry Gamble, John Jezak, Dave Hazard & Sheila McAdams) were asked about whether they supported the TIF agreement and were satisfied with the precautions in place to protect the City.  All indicated that they were in support of the TIF agreement and that actually without the agreement the City would stand to lose its best potential to maximize its control and benefit on how that area eventually developed.  Included within this control is the conveyance of property to the City to minimize any traffic impact on residents of that area.  The Mayor also indicated that he supported the project.  

 

Due to other commitments, Mrs. Barlos had to leave at the very end of the meeting but indicated she was in agreement with the TIF.  Subsequent to her leaving a motion was made by Mr. Zimmerman that the committee recommend to the body of council that the proposal be approved.  It was noted that both the Anthony Wayne Schools and Penta JVSD must approve the proposal prior to final consideration by Council.  The motion passed.  Thus, it is the unanimous recommendation of the Finance Committee that the TIF be approved and that the necessary legislation and ordinances to effect the same be prepared for consideration prior to September 1, 2006.

 

Respectfully submitted,

                Todd M. Zimmerman, Chair

                Jenny Barlos

                Brent Buehrer

 

 

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

Mr. Zimmerman added that once Anthony Wayne Schools and Penta JVSD have passed resolutions approving the proposal, Council may consider the legislation to complete the agreement.

Mr. BRAINARD moved to reconsider the decision to place on file the notice of an application for a liquor license at 1289 Conant Street.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken, and Zimmerman (6) voting yea; Buehrer (1) abstaining.  The Chair declared the motion carried by a vote of 6-0.

Mr. Brainard stated that he felt a more thorough background check on the out-of-town owner should be done.  The Police Chief responded that due to the fact that the owner is from out-of-state, they have not yet had the time to complete a background check.  Mr. Carr stated his desire to hear the report of the background check.

Mr. BRAINARD moved to table the notice of the application for a liquor license by Surresh Kumar Gankidi, ACA, to the August 21st meeting.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken, and Zimmerman (6) voting yea; Buehrer (1) abstaining.  The Chair declared the motion carried by a vote of 6-0.

 

The administrator reported on plans for the dedication of the new pedestrian bridge to be located near the proposed Fallen Timbers Retail Mall and suggested that naming the structure for Joyce “Snowfeather” Mahaney, who passed away in June, would be an appropriate tribute to her work in recognizing the Native American heritage in Northwest Ohio.

Mr. BUEHRER moved the administration be directed to contact the Toledo Area Metroparks regarding dedicating the bridge in the name of Mrs. Joyce “Snowfeather” Mahaney.   Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO.                132 – 2006                authorizING a purchase oF foam furniture FOR NEW SAFETY TRAINING  FACILITY, 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.                133 – 2006                AUTHORIZING A CONTRACT WITH KIESLER POLICE SUPPLY, INC. RELATIVE  TO PURCHASE OF TACTICAL TEAM RIFLES FOR THE DIVISION OF POLICE IN 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, 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.                134-2006               DECLARING A REAL AND PRESENT EMERGENCY AND AUTHORIZING A CONTRACT FOR DAMAGE RESTORATION SERVICES FOR DUSSEL DRIVE WATER TOWER STRUCTURE, 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.                 135-2006                AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH THE ATTORNEY GENERAL OF THE STATE OF OHIO TO PARTICIPATE IN THE DRUG ABUSE RESISTANCE EDUCATION GRANTS PROGRAM, AND AUTHORIZING ACCEPTANCE OF GRANT.

The Clerk read the Resolution by title only.

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.                136-2006                AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ESTABLISH AN AGENCY FUND FOR RECEIPTS FROM THE MONCLOVA/MAUMEE/TOLEDO JOINT ECONOMIC DEVELOPMENT ZONE, 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.                137-2006                PROPOSING AND PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF MAUMEE, OHIO, AT THE NEXT GENERAL ELECTION ON NOVEMBER 7, 2006, CERTAIN AMENDMENTS TO THE CHARTER OF THE CITY OF MAUMEE, OHIO, IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE CHARTER REVIEW ADVISORY COMMISSION, 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, Pauken 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, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 138-2006                AMENDING THE MAUMEE REVISED CODE RELATIVE TO MAUMEE INDOOR THEATER ADVISORY BOARD, REPEALING CERTAIN SECTIONS, 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, Pauken 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, Pauken and Zimmerman (7) voting yea; nays, none.

So the Ordinance was passed.

 

ORDINANCE NO.                 139-2006                AUTHORIZING EXECUTION OF SUB-RECIPIENT AGREEMENT WITH LUCAS COUNTY COMMISSIONERS RELATIVE TO ROLF PARK IMPROVEMENTS, 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.                 140-2006                AUTHORIZING AGREEMENT WITH TOLEDO ELEVATOR AND MACHINE CO., RELATIVE TO PROVISION OF ELEVATOR MAINTENANCE INSPECTION SERVICES AT THE POLICE STATION IN 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, 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.                 141-2006                AUTHORIZING WINDOW CLEANING SERVICES FOR MUNICIPAL BUILDING, 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.                142-2006                AMENDING CONTRACT WITH POGGEMEYER DESIGN GROUP, INC., RELATIVE TO ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PROPOSED NEW FIRE STATION IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mrs. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Carr, Coyle, and Pauken (5) voting yea; Buehrer and Zimmerman voting nay.  The Chair declared the motion carried by a vote of 5-2.

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.                 143-2006                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

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 to executive session to discuss sale of real estate.  Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned from Executive Session, Mr. BUEHRER moved to adjourn until 7:30 p.m., Monday, August 21, 2006, carried v.v.

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

7:30 P.M. Monday, August 21, 2006 

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6); Buehrer (1) absent.  Mayor Wagener presiding. 

Mr. CARR moved to suspend reading the minutes of the August 7, 2006, meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A notice from the Division of Liquor Control, tabled from the meeting of August 7, 2006, of an application for a new permit for Suresh Kumar Gankidi, ACA of Toledo, Inc. (dba Convenience Express), 1289 Conant Street, was presented.  The Police Chief indicated that the background check is complete and there is nothing objectionable in the applicant’s record.

Mrs. BARLOS moved to place the application on file.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter by the Mayor appointing Matthew Mathias, East William Street, to Assistant Chief of the Bureau of Ambulance and Emergency Medical Services in the Department of Public Safety effective August 21, 2006 was read.

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

Mr. CARR moved to authorize administration to advertise for the position of paramedic.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter by the Mayor appointing Tom Thieman, Scott Street, to Fire Lieutenant in the Fire Division of the Department of Public Safety effective August 28, 2006 was read.

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

A letter by the Mayor appointing Don Abel, North Jerome Road, to Supervisor of the Division of Operations of the Department of Public Service effective date to be determined upon his return from sick leave was read.

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

A letter by the Mayor appointing Mike Suydam, Delta, to Equipment Operator, Natural Resources Division, Department of Public Service effective August 21, 2006, was read.

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

A letter by the Mayor appointing, James Wires, Northwood, to Equipment Operator, Sewer Division, Department of Public Service effective August 21, 2006, was read.

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

A letter from the Finance Director requesting an Assessment Equalization Board be established for the Crystal Avenue Area Storm Sewer Separation Phase 3 Area 2 improvement project was read.  He stated that notices of estimated assessments for improvements to the storm sewer have been served on the affected property owners and three objections have been received.  He said the following have agreed to serve on the board:  James Woodward, 1241 Holgate Avenue; Joshua Hazard, 1329 Anderson Avenue; and Dennis Miketa, 4430 May Drive.

Mr. CARR moved Mr. Zimmerman 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 the necessary legislation be prepared to create the Assessment Equalization Board, as requested.  Roll call: Barlos, Brainard, Carr, Coyle, and Pauken (5) voting yea; nays none; Zimmerman (1) abstaining, the Chair declared the motion carried by a 5-0 vote. 

A letter from the Administrator requesting consideration of the Fallen Timbers Tax Increment Financing (TIF) agreement was read.  He stated that Northwest Ohio Mall LLC, Isaac Land Investments, Ltd., Isaac Development Company, Ltd., Penta County Vocational Schools, and Anthony Wayne Local Schools have all approved the proposal as discussed and recommended by the Finance Committee on August 7, 2006. 

A letter from Mr. Buehrer, absent from the meeting, was read, in which he stated his support.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize the Mayor and Municipal Clerk to execute agreements with Northwest Ohio Mall LLC, Isaac Land Investments, Isaac Development Co. Ltd., Penta County Vocational Schools, and Anthony Wayne Local Schools to implement the Fallen Timbers TIF, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Chiefs of Police and Fire requesting authorization of an agreement with the Lucas County Commissioners to purchase radio equipment was read.  They stated that the Lucas County 800 Mhz Interoperability Radio project has progressed to the point that radio equipment must be ordered.  They said that due to the successful leveraging of federal grant dollars by the county, the cost to the City has been reduced significantly from pre-grant estimates of over $250,000 to $91,384.39 for Police and $29,315.10 for Fire.  They added that there will be additional requests in the coming months for the purchase of necessary accessories as well as installation services with other vendors to make the hardware operable.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a purchase contract with Lucas County for purchase of radio equipment for the Safety Department, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Administration regarding the request of the Lucas County Improvement Corporation for monetary support was read.  He stated that last year the Lucas County Commissioners, together with the City of Toledo, proposed the merger of their respective economic development departments in the hope of promoting a more regional approach to this activity and measures have been taken to give the suburban communities greater representation and work has gone forward to implement the consolidation.  

Mr. COYLE moved to refer this matter to the Finance and Economic Development Committee for further review and discussion.  Roll call: All members present voting yea, the Chair declared the motion carried. 

The Law Director requested Council discuss the sale of real estate.

Mr. COYLE moved to add an executive session to discuss sale of real estate, as recommended.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Mr. BRAINARD moved to refer to the Parks & Recreation Committee a request to consider installation at Rolf Park of a lightning warning system.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Carr gave a verbal report from the Committee of the Whole.  He stated that the Committee of the Whole met prior to tonight’s Council meeting and that the Chief of Police gave a presentation regarding a proposal for purchase of radio equipment.  He stated that items on the agenda were discussed. 

Mr. Zimmerman reported that the application for a group rating for Workers’ Compensation insurance for 2007 needed to be considered before August 25th. 

Mr. ZIMMERMAN moved to remove this item from the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

The Finance Director stated that he recommends the Gates McDonald proposal which offers a 31% discount through an Ohio Municipal League Group Rating Pool.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize enrollment in a Workers’ Compensation group rating pool for 2007 with the Ohio Municipal League, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.                                144 – 2006                                AN ORDINANCE adoptinG A policy PURSUANT TO OHIO REVISED CODE SECTION 5709.832 TO ENSURE RECIPIENTS OF CERTAIN TAX EXEMPTIONS PRACTICES NON-DISCRIMINATORY HIRING IN THEIR OPERATIONS, 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, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.                                145 – 2006                                AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DEVELOPMENT AGREEMENT WITH NORTHWEST OHIO MALL, L.L.C., 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, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO. 146-2006                                AN ORDINANCE DECLARING IMPROVEMENTS TO CERTAIN PARCELS OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC INFRASTRUCTURE IMPROVEMENTS TO BE MADE DIRECTLY BENEFITING THOSE PARCELS, AND REQUIRING THE OWNERS OF THOSE PARCELS TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS AND PROVIDING FOR THE PAYMENT OF A PORTION OF THOSE SERVICE PAYMENTS TO THE ANTHONY WAYNE LOCAL SCHOOL DISTRICT AND THE PENTA COUNTY JOINT VOCATIONAL SCHOOL DISTRICT; APPROVING AND AUTHORIZING THE EXECUTION OF A TAX INCREMENT FINANCING AGREEMENT AND A COMPENSATION AGREEMENT; 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, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

So the Ordinance was passed. 

RESOLUTION NO. 147-2006                                APPOINTING AN ASSESSMENT EQUALIZATION BOARD TO HEAR OBJECTIONS TO THE IMPROVEMENT OF CERTAIN STREETS BETWEEN CERTAIN POINTS KNOWN AS THE CRYSTAL AVENUE STORM SEWER DISTRICT PHASE III AREA II IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING STORM SEWERS AND APPURTENANCES, 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, Carr, Coyle, and Pauken (5) voting yea; nays, none; Zimmerman (1) abstaining.

Mr. CARR moved the resolution be placed on its final passage and passed.  Roll call: Barlos, Brainard, Carr, Coyle, and Pauken (5) voting yea; nays, none; Zimmerman (1) abstaining.

So the Resolution was passed by a 5-0 vote. 

ORDINANCE NO. 148-2006                                AUTHORIZING PURCHASE OF 800 MHZ RADIO EQUIPMENT FROM LUCAS COUNTY FOR THE COUNTYWIDE RADIO SYSTEM, 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, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO. 149-2006                AUTHORIZING AGREEMENT WITH OHIO MUNICIPAL LEAGUE RELATIVE TO WORKERS' COMPENSATION GROUP RATING PLAN 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, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none. 

ORDINANCE NO. 150-2006                                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, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.

So the Ordinance was passed. 

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

When Council returned from Executive Session, Mr. CARR moved to adjourn until 7:30 p.m., Tuesday, September 5, 2006, carried v.v.