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Maumee City Council
February 7, 2005 Minutes and
February 21, 2005 Minutes

7:30 PM, Monday, February 7, 2005

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

Mrs. BARLOS moved to suspend reading the minutes of the January 18, 2005, meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting consideration of Regional Growth Partnership’s invitation to participate in economic development by contributing to a Comprehensive Economic Development Strategy was read. Mr. ZIMMERMAN moved to refer the matter to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Marilyn Wendler, West Broadway Street, to the Maumee Records Commission was read. Mr. BRAINARD moved the appointment be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Richard Gray, Indiana Avenue, as laborer in the Department of Public Service, effective February 14, 2005, was read. Mr. ZIMMERMAN moved the appointment be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Area Office on Aging requesting renewal of the Senior Nutrition Program agreement was read.

Mrs. BARLOS moved the necessary legislation be prepared to authorize renewal of the Senior Nutrition program Agreement, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a contract with TolTest, Inc., for pick-up and disposal of piping at the Michigan Avenue Pump Station was read. He said that Toltest, Inc., quoted a cost of $200 for the pick-up and disposal of the asbestos insulated piping. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Toltest, Inc., in the amount of $200, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids for the 2005 Tree Planting Program was presented. The Commissioner of Public Service stated that six bids were received and he recommends the low bid of North Branch Nursery in the amount of $19,712 for the planting of 133 trees. Mr. ZIMMERMAN moved the bid of North Branch Nursery in the amount of $19,712 be declared the lowest and best and 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 Maumee Senior Center requesting approval to obtain an F-2 liquor permit for two fundraising events was read. Debbie Fauble, president, stated that an F-2 liquor permit would allow sale of beer and wine at a Valentine’s Day Dinner Dance fundraiser to be held on February 11 and a second event in 2005 to be decided later. Mrs. BARLOS moved to approve the request from the Maumee Senior Center to obtain an F-2 liquor permit for February 11, 2005, and to refer additional requests to the administration for review and recommendation. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of an engineering contract for preparation of construction plans for Phase Three, Area Three Storm Sewer Improvements was read. He stated that Arcadis, FPS has proposed a contract in the amount of $86,000 to prepare plans, specifications and assessment roster for the next phase of storm sewer improvements planned for construction in 2006. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Arcadis, FPS in the amount of $86,000, 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 to prepare construction plans for the Fire Training Facility was read. He stated that Poggemeyer Design Group, Inc., has proposed a contract in the amount of $61,250 and $3,000 in reimbursables for bidding and construction phase engineering for Fire Division training facilities estimated at $3,500,000. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Poggemeyer Design Group, Inc., in the amount of $61,250 and $3,000 in reimbursables, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization for Ohio EPA permits for the Police/Fire Training Facility was read. He stated that Ohio EPA permits for water supply, storm sewer, and sanitary sewer are needed prior to the start of construction at a cost of $1,365. Mr. ZIMMERMAN moved to authorize application for Ohio EPA permits at a cost of $1,365, 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 change orders six and seven for ODOT’s 2004 Anthony Wayne Trail Resurfacing project was read. He stated that the resurfacing is complete and two change orders are necessary in the amount of $791.71 and $903.00 bringing the City’s total cost to $600,508.39. Mr. BRAINARD moved the necessary legislation be prepared to authorize change orders for the 2004 Anthony Wayne Trail Resurfacing project in the amount of $791.71 and $180.60, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a change order for Police Building firing range equipment was read. He stated that a “running man” target system was omitted from the firing range specifications and that Rudolph Libbe, Inc., has quoted a cost of $14,288 for the change order. Kirk Paisley, Horne & King Architects, stated that, while the target system was included in the needs analysis, it was omitted from the building plans. Change orders total $146,279.72 on the project. Mr. COYLE moved the necessary legislation be prepared to authorize a change order with Rudolph Libbe, Inc., in the amount of $14,288, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of a Jobs Creation and Retention Grant to TolTest, Inc., was read. He stated that TolTest, Inc., will relocate from Toledo to 1480 Ford Street in Arrowhead Park and will have 75 full-time employees with a payroll of $4,600,000. He said that he recommends a grant of up to $20,000 annually each of the next nine years. Mrs. BARLOS moved the necessary legislation be prepared to authorize a Jobs Creation and Retention Grant to TolTest, Inc., as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting continuation of a Job Creation and Retention Grant to Centaur Associates was read. He stated that Centaur Associates moved into 136 West Sophia Street in October, 2002, with 12 full-time and up to 32 part-time jobs and that the company will now relocate to 819 Kingsbury Street and is requesting amendment to the existing jobs grant agreement to account for Centaur’s relocation.

Mr. BRAINARD moved the necessary legislation be prepared to authorize amendment to the Jobs Creation and Retention Grant to Centaur Associates, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Annual Reports for 2004 of the Division of Fire and Division of Inspection were presented.Mr. ZIMMERMAN moved to place the reports on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting certain hose be declared surplus equipment and requesting authorization for its disposal was read. He stated that the Fire Division has replaced 2,850 feet of four-inch large diameter with five-inch hose and that he is requesting authorization to donate the surplus hose to the Damascus Township Volunteer Fire Department of McClure, Ohio, and to the Dunkirk Fire District.

Mr. COYLE moved to declared 2,850 feet of four-inch large diameter hose as surplus and authorize donation to the Damascus Township Volunteer Fire Department of McClure, Ohio, and to the Dunkirk Fire District, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a contract with Columbia Gas of Ohio to increase gas pressure to the Maumee Senior Center was read. He stated the current gas pressure is not adequate to supply the new furnaces and the make-up air unit and that Columbia Gas has quoted a cost of $2,000 to supply increased gas pressure to the Senior Center. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Columbia Gas in the amount of $2,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of an agreement with the City of Perrysburg for future use and control of conduits under the Maumee-Perrysburg Bridge was read. He stated that during the construction of the Conant Street Bridge the City of Perrysburg requested that two four-inch conduits be placed under the span to connect Maumee and Perrysburg. Perrysburg has proposed an agreement in the amount of $17,137.31 to share in the cost as well as the future use and control of the conduits. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with the City of Perrysburg in the amount of $17,137.31, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of a change order for the Conant Street Streetscape project was read. He stated that substantial changes were made to the contract with Smith Paving, Inc., for the construction of the streetscape from Harrison Street to Williams Street. He said that he is requesting amendment of the contract in the amount of $45,353.95 increasing the total to $311,464.95. Mr. COYLE moved the necessary legislation be prepared to authorize contract amendment with Smith Paving, Inc., in the amount of $45,353.95, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting amendment of the schedule of rates and fees to increase the water rates was read. He stated that on May 27, 2003, the City of Toledo passed an ordinance increasing water and sewer rates in four steps and will increase the water billing rates by 4% effective January 1 of 2005 and 2006. He said that Maumee’s code of ordinances provides that the City’s water rates shall be adjusted by a like amount. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize amendment of the schedule of rates and fees to increase the water rates by 4% effective with bills issued after January 31, 2005 and again to increase the water rates by 4% effective with bills issued after January 31, 2006, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that Michael P. Boyle, president, TolTest, Inc., spoke regarding a Jobs Creation and Retention Grant for TolTest, Inc.; that Kirk Paisley, Horne & King Architects, discussed a change order for the police building; and that items on the agenda were discussed. Mr. SHOOK moved the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

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

Finance Committee Report

On January 11, 2005, January 27, 2005, and February 1, 2005, the Finance committee met to discuss the 2005 operating budget. Present from the Finance Committee were Todd Zimmerman, Jenny Barlos and Brent Buehrer. Also present was Dave Hazard and members of the administration as needed depending on the particular department’s budget being discussed. Members of the media were also present at various meetings.

The committee reviewed the budgeted expenditures in comparison with prior budgeted amounts and actual expenditures. It was noted that the Finance Department continues to add additional accounts to better track particular expenditures. Further, the committee made a particular effort to ensure that the budgeted amounts for 2005, reflect what is actually anticipated to be spent, based on current conditions and prior history. It was the committee’s opinion that the budgeted numbers more accurately reflecting anticipated spending will allow both council and the administration to more effectively use the budget as a planning tool.

After review of all departments’ proposed operating budgets and after numerous changes were made to the budgeted amounts, the 2005 operating budget as unanimously recommended by the committee are attached hereto as Exhibit A.

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos

Brent Buehrer

Mr. ZIMMERMAN moved the report be accepted in its entirety. 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 February 3, 2005, the Finance Committee met to discuss the issue of a change in contracting procedure for certain items to be specified in the future. Present were Jenny Barlos and Todd Zimmerman from the committee, Sheilah McAdams, Chief Zink, Larry Gamble, Dave Hazard, Joe Camp and Linda Wilker from the administration and Stan Dobrowsky, special counsel for the City. The particular project that the contracting procedure was to be applied to in this case is the police dispatch center.

It was explained to the committee that the proposed change in contracting procedure would entail the City, through a designee, to negotiate for the best price on a project. This procedure would be used in lieu of a competitive bidding process due to the particularized technical nature of a project (in this case the dispatch center) and problems inherent with bidding a project of significant size with numerous technical components.

Mr. Dobrowsky has indicated that there is a section in the Maumee Code allowing for council to declare the need to contract in this scenario. Thus, attached hereto as Exhibit A is a proposed ordinance detailing the procedure. Essentially, council would authorize an amount to be spent for a project on the front end. The Commissioner of Purchases, who by default at this time is the finance director, would then be responsible for designating a person or persons to negotiate for those materials and services necessary to complete the project. Additional language has been placed in the ordinance that requires the finance director to consult with in this case the police chief in reaching a final conclusion as to which and what contracts to then enter into. As currently proposed, following the initial authorization of the monetary amount, the administration would be authorized to enter into the necessary contracts to complete the process without the need to return to council.

Rather that be required to return to council to enter into the contract, the administration will then report back to council regarding the process, progress toward the ultimate goal, financial results of the process and any and all other relevant developments. The process will continue to be reviewed to determine any changes in the future based upon the proceeding with regard to the dispatch center. Thus, the issue should remain in committee.

While the committee acknowledged that there are both potential risks and benefits to the procedure as proposed, it also felt comfortable that there was enough control and reporting requirements to provide adequate checks and balances. Further, the committee agreed that the dispatch center was such a project that could benefit from negotiated contracts over bidding both in responsiveness and monetary issues. Thus it is the committee’s recommendation that the administration be permitted to prepare the necessary ordinance and proceed forward with the alternative purchasing method with respect to the police dispatch center.

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos

Brent Buehrer

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

Mr. Brainard read the following report from the Public Utilities Committee.

Public Utilities Report

On Thursday, January 20, 2005, the Public Utilities Committee met. Present at the meeting were: Mark Frye of Palmer Energy, Sheilah McAdams, Maumee Solicitor, Jenny Barlos, Mike Coyle and Doug Brainard of Council. The purpose of the meeting was to have Mr. Frye update the Committee on the Aggregation Program.

Mr. Frye began his report to Committee by reporting on the Electric Aggregation. He indicated that to date a savings of $165,000 has been realized among commercial customers enrolled in the program. He stated that between 800-850 customers in the commercial program were from Maumee. He went on to report that the residential savings totaled approximately $903,000 which averaged out to be only about $58 per customer. He indicated that although there have been some disappointments since the deregulation and the savings are not as high as anticipated, Palmer Energy remains committed to providing electrical power at a reduced cost and providing a savings to its customers that have chosen to join the aggregate.

He next briefed the Committee on the gas aggregation program. He indicated that Maumee has been approved as the governmental aggregator by PUCO. While at present time savings are minimal, averaging only between $15-$18 per customer, it is possible that Maumee has the resources to eliminate the middleman through the use of Panhandle Pipe Line and reduce costs significantly. Presently Palmer Energy is working on this possibility and will keep the Committee updated on its progress.

While deregulation has not produced the type of competition it originally thought it would energy consultants such as Palmer Energy will continue to monitor the power companies such as First Energy and Columbia Gas and will hold them to the terms of agreements imposed by PUCO. The PUCO is confident that during the next year there will be more of a competitive field.

At this time it was the consensus of the Committee to keep the issue of aggregation in Committee and have Mr. Frye provide the Committee with updates as they develop.

Respectfully submitted,

Douglas Brainard, Chair

Jenny Barlos

Michael Coyle

Mr. BRAINARD 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 Report

The Public Information Committee met on January 11, 2005, to discuss the funding of the Maumee Newsletter. Present were committee members Doug Brainard, Brent Buehrer, and Mike Coyle. Kirk Kern was in attendance from administration.

Discussion centered on the frequency and costs of each publication. Mr. Kern proposed the newsletter be published three times a year for a total cost of $12,600. The schedule and costs were in line with what was done in 2004. The committee unanimously supported Mr. Kern’s request.

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.

Legislation was considered at this time.

ORDINANCE NO. 15 - 2005 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE, THE LUCAS COUNTY SENIOR NUTRITION PROGRAM, AND THE AREA OFFICE ON AGING RELATIVE TO THE SENIOR NUTRITION PROJECT IN THE CITY OF MAUMEE, 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, Coyle, Shook and Zimmerman (5) voting yea; nays none. Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 16 – 2005 AUTHORIZING CONTRACT WITH TOLTEST, INC., RELATIVE TO MICHIGAN AVENUE PUMP STATION IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Resolution by title only.

Mr. BRAINARD moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 17 – 2005 ACCEPTING BID FOR IMPROVEMENT OF VARIOUS STREETS IN THE CITY OF MAUMEE, OHIO, BY THE PLANTING OF TREES, AUTHORIZING EXECUTION OF 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, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 18 - 2005 AUTHORIZING EMPLOYMENT OF ARCARDIS, FPS, ENGINEERS, RELATIVE TO PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES OF COST FOR PHASE 3 AREA 3 STORM SEWER IMPROVEMENT PROJECT IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 19 – 2005 AUTHORIZING CONTRACT WITH POGGEMEYER DESIGN GROUP, INC., RELATIVE TO BIDDING AND CONSTRUCTION PHASE SERVICES FOR THE PROPOSED POLICE AND FIRE TRAINING FACILITY IN THE CITY OF MAUMEE, 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, Coyle, Shook and Zimmerman (5) voting yea; nays none. Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 20 – 2005 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDERS FOR ANTHONY WAYNE TRAIL RESURFACING PROJECT, 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, Coyle, Shook and Zimmerman (5) voting yea; nays none. Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 21 – 2005 AUTHORIZING CHANGE ORDER TO CONTRACT FOR THE CONSTRUCTION OF THE NEW POLICE FACILITY 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, Coyle, Shook and Zimmerman (5) voting yea; nays none. Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 22 – 2005 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO TOLTEST, INC., 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, Coyle, Shook and Zimmerman (5) voting yea; nays none. Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 23 – 2005 AUTHORIZING AMENDMENT OF A JOB CREATION AND RETENTION PROGRAM GRANT WITH CENTAUR ASSOCIATES, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. Mr. SHOOK moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 24 – 2005 DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL.

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, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 25 – 2005 AUTHORIZING EXECUTION OF CONTRACT WITH COLUMBIA GAS OF OHIO RELATIVE TO NATURAL GAS SERVICE AT THE MAUMEE SENIOR CENTER, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

ORDINANCE NO. 26 – 2005 AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF PERRYSBURG RELATIVE TO CONDUIT UNDER THE MAUMEE-PERRYSBURG BRIDGE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

ORDINANCE NO. 27 – 2005 AUTHORIZING CHANGE ORDER TO CONTRACT FOR THE CONSTRUCTION OF THE NEW POLICE FACILITY IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

ORDINANCE NO. 28 – 2005 AMENDING SCHEDULE OF RATES AND FEES IN THE CITY OF MAUMEE, OHIO, AND REPEALING CERTAIN ORDINANCE AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

ORDINANCE NO. 29 – 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, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 30 – 2005 MAKING APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF MAUMEE, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005.

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, Coyle, Shook and Zimmerman (5) voting yea; nays none. So the Ordinance was passed.

ORDINANCE NO. 31 – 2005 APPROPRIATING MONEYS FOR AND AUTHORIZING THE PURCHASE AND INSTALLATION OF CERTAIN EQUIPMENT AND FURNISHINGS FOR A DISPATCH CENTER, DISPENSING WITH ADVERTISING AND BIDDING THEREOF AND PRESCRIBING CONTRACTING PROCEDURES RELATED THERETO AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved to adjourn to executive session to discuss a pending and threatened litigation and the 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. COYLE moved to adjourn to Monday, February 21, 2005. Motion carried v.v.

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7:30 PM, Monday, February 21, 2005

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

Mr. SHOOK moved to suspend reading the minutes of the February 7, 2005, meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization for renewal of property and liability insurance was read. He stated that the cost of the one-year program beginning March 10, 2005, is $238,953, an increase of $9,470 due largely to the addition of the pool, theater, and a fire pumper.

Mr. COYLE moved the necessary legislation be prepared to authorize renewal of property and liability insurance, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Safety Council of Northwest Ohio requesting donation for operations was read.

Mr. SHOOK moved to authorize donation to the Safety Council of Northwest Ohio of $1,500, the same as last year. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of teacher and teacher-coordinator contracts for the 2005 Safety City Program was read. He stated that the total cost of the two contracts will be $4,676, the same as last year.

Mr. BRAINARD moved the necessary legislation be prepared to authorize teacher and teacher-coordinator contracts for the 2005 Safety City Program, 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 contract with North Coast Polytechnic Institute for training was read. He stated that North Coast Polytechnic Institute proposes to provide three eight-hour training seminars on Legal Issues for law enforcement officers at a cost of $1,800.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with North Coast Polytechnic Institute for training in the amount of $1,800, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of a 2005 State Fire Marshal’s Volunteer Fire Department Equipment grant was read.

Mr. CARR moved the necessary legislation be prepared to authorize application and acceptance of a 2005 State Fire Marshal’s Volunteer Fire Department Equipment grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

The annual reports of the Service Department and the Police Division, including Forfeiture of Funds report, were presented.

Mr. SHOOK moved the reports be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

An application for amendment of the Riverside Commons Planned Unit Development (PUD) permit for lot splits in Plat I was presented. A letter from the Building & Zoning Inspector dated February 19, 2005, was read. He stated the applicant has appeared before the Administrative Board and received approval for the necessary set-back variances.

Mr. SHOOK moved a letter from CSB Investors, LLC, be added to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

The letter from Eric Beale, CSB Investors, LLC, was read. He requested the application fee be waived due to the technical nature of the lot split and the fact that the PUD was previously amended to allow “two-family” use for these lots.

Mr. SHOOK moved to refer the application to the Municipal Planning Commission, and that the application fee be waived provided the applicant pay for any required advertising of a public hearing. Roll call: All members present voting yea, the Chair declared the motion carried.

An application of J.L. & C.E. Wilson for a zoning change for properties at 301 and 311 River Road from R-3 Two-Family Residential to C-3 Uptown Commercial was presented.

A letter from the Building & Zoning Inspector dated February 19, 2005, was read. He stated the non-conforming use as a restaurant had lost its “grandfathered” status because the operation has been closed for more than two years.

Mr. CARR moved to refer the application to the Municipal Planning Commission. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Clerk requesting legislation to amend the Municipal Code of Ordinances to conform to the Ohio Revised Code for Traffic and General Offenses was read. He stated that the changes have been reviewed and endorsed by the Administration and that replacement pages have been prepared for those and for changes to the Municipal Code passed in 2004.

Mr. BRAINARD moved the necessary legislation be prepared to authorize amendment to the Municipal Code of ordinances, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting authorization to participate with the City of Perrysburg in a contract for “Fourth of July” fireworks was read. He stated that Colonial Fireworks Company of Toledo has quoted a total cost of $26,100, an increase of $1,270 over 2004, and that the City of Maumee’s share will be 55% or $14,355 for the July 3^rd event.

Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Colonial Fireworks Company in the amount of $14,355, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization of an agreement with Buckeye Cablevision, Inc. for participation in the Neighborhood TV Channel program was read. He stated that the purpose of the channel is to allow cable viewers to receive current information about their community. He said that there is no cost to the City for this service.

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

A letter from Buckeye CableSystem requesting that voice (telephone) services be excluded from the franchise fee charged on cable services was read.

Mr. SHOOK moved to refer the matter to the Public Utilities Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Lucas Soil and Water Conservation District requesting donation for conservation programs and Urban Storm Water Specialist was read. Richard Bryan, chairman, stated a request for donation of $1,100, which includes an additional $100 to support the Urban Storm Water Specialist.

The Service Director stated that the City does not use the services of the Urban Stormwater Specialist.

Mr. ZIMMERMAN moved to authorize donation of $1,000 to Lucas Soil and Water Conservation District for conservation programs. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook reported the Committee of the Whole met just before tonight’s meeting and that proposals in the state budget to reduce allocations of Local Government Funds were discussed; Eric Beale, CSB Investors, spoke regarding a request for waiver of an application fee; and that items on the agenda were discussed.

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

Mr. SHOOK read the following report from the Buildings & Lands Committee.

Buildings & Lands Committee Report

The Buildings and Lands Committee met on February 17, 2005 at 5:30 p.m. in the Council Conference Room at 400 Conant Street to discuss the following:

· Service Department Building expansion.

This was the third meeting on this topic with the other two occurring on December 23, 2004 and January 18, 2005. Present at the February 17 meeting: Brent Buehrer, Mike Coyle, and Tom Shook of the Committee; Council member Doug Brainard; Larry Gamble and Joe Camp of the Department of Public Service.

The Committee at this time recommends moving forward with the 46 bay service vehicular storage building for a construction cost of $3,150,000 and the Construction Division Addition for a construction cost of $118,400. Additional equipment purchases of $205,000 and service yard site utilities and site work improvements will cost an additional $657,000. With construction contingency budget and A/E fees the total project will be $4,563,172.

The committee will continue to review the Service Department’s request for moving their administration offices back to the service yard.

Respectfully submitted,

Brent Buehrer, Chair

Michael Coyle

Tom Shook

Mr. SHOOK moved the matter be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Arthur Graham, Jerome Road, and David Westrick, West Wayne Street, spoke regarding their request for relief from costs that were billed to them by the City stemming from their lawsuit against the City.

Legislation was considered at this time.

ORDINANCE NO. 32 - 2005 AUTHORIZING CONTRACTS RELATIVE TO PROPERTY AND LIABILITY INSURANCE COVERAGE FOR THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 33 – 2005 AUTHORIZING CONTRACT RELATIVE TO RENDERING TEACHING AND ADMINISTRATIVE SERVICES IN THE CITY OF MAUMEE.

The Clerk read the Resolution by title only.

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

So the Ordinance was passed.

ORDINANCE NO. 34 – 2005 AUTHORIZING CONTRACT RELATIVE TO RENDERING TEACHING SERVICES IN THE CITY OF MAUMEE.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

ORDINANCE NO. 35 - 2005 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND NORTH COAST POLYTECHNIC INSTITUTE RELATIVE TO TRAINING 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: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

RESOLUTION NO. 36 – 2005 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH OHIO DEPARTMENT OF COMMERCE DIVISION OF STATE FIRE MARSHALL RELATIVE TO FIREFIGHTER TRAINING GRANT, AUTHORIZING ACCEPTANCE OF GRANT, 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: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 37 – 2005 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: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 38 – 2005 AUTHORIZING CONTRACT RELATIVE TO FIREWORKS DISPLAY, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 39 – 2005 AUTHORIZING CONTRACT WITH BUCKEYE TELESYSTEMS RELATIVE TO PARTICIPATION IN THE NEIGHBORHOOD TV CHANNEL BY THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. SHOOK moved the ordinance be passed as an emergency measure. Roll call: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none.

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

So the Ordinance was passed.

ORDINANCE NO. 40 – 2005 MAKING APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE INDOOR THEATER OF THE CITY OF MAUMEE, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2005.

The Clerk read the Ordinance by title only.

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

So the Ordinance was passed.

Mr. SHOOK moved to adjourn to Monday, March 7, 2005. Motion carried v.v.