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Maumee City Council
February 4, 2008 and February 18, 2008
Minutes

7:30 p.m. Monday, February 4, 2008

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

Mr. CARR moved to suspend reading the minutes of the January 22, 2008 meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing John Jezak as the City's representative on the Income Tax Board of Appeals for the Monclova-Maumee-Toledo JEDZ, effective immediately, was read.
Mr. PAUKEN moved to confirm the appointment of John Jezak to the Income Tax Board of Appeals. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to fill the Dispatcher vacancy was read. He stated that currently there is one vacancy in the dispatch staff to be filled in order to bring the staffing level up to authorized strength.
Mr. BRAINARD moved to authorize the Administrator to fill the position of Radio/Telephone Operator in the Division of Police, Department of Public Safety. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization to advertise for bids for tree planting was read. He stated that bid specifications for the 2008 Tree Planting Program include new plantings and replacement of trees that have been removed over the past year. He also stated that this year's program includes 235 trees with an estimated cost of $42,000.
Mrs. BARLOS moved to authorize the Service Department to seek bids for 2008 Tree Planting Program. 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 Ohio Department of Transportation (ODOT) to maintain the I-475/US 24 Interchange was read. He stated that ODOT is planning to resurface portions of the on and off ramps at the Anthony Wayne Trail and I-475 this summer to address safety issues. He stated there is no cost for the City for this project.
Mr. BUEHRER moved the necessary legislation be prepared authorizing an agreement with the Ohio Department of Transportation relative to pavement upgrading at the I-475/US 24 Interchanges. Roll call: All members present voting yea, the Chair declared the motion carried.

The 2007 annual reports of the Maumee Police Forfeiture Funds and the Maumee Municipal Court were presented.
Mr. ZIMMERMAN moved the reports be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of the application of Brett Setzer, agent for R.C. and A. C. Curry, for a change in zoning of a parcel at the rear of 1361 Conant Street from M-2 Controlled Industrial to C-2 General Commercial was read. He stated that Planning Commission made its recommendation after holding a public hearing on January 28, 2008, and there were no objections to the application.
Mr. BUEHRER moved to allow Mr. Carr to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BUEHRER moved the necessary legislation be prepared to approve the application of Brett Setzer, agent for R.C. and A. C. Curry, for a change in zoning of a parcel at the rear of 1361 Conant Street from M-2 Controlled Industrial to C-2 General Commercial. Roll call: Barlos, Brainard, Buehrer, Pauken and Zimmerman (5) voting yea; Carr (1) abstaining. The Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of the application of St. Luke's Hospital for amendment of a Special Use Permit to allow construction of a three-story medical office building at 6071 Monclova Road was read. He stated the recommendation is subject to approval by the Service Director of plans for trees, landscaping, sidewalks, storm water retention, elimination of a service drive from the west side of the building, and creation of a westbound left turn lane on Monclova Road. He also stated that Planning Commission made its recommendation after holding a public hearing on January 28, 2008, and that there were no objections to the application.
Mr. CARR moved to allow Mr. Buehrer to abstain 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 amend Ordinance No. 97-1971, as amended, relative to a Special Use Permit for St. Luke's Hospital to allow construction of a three-story medical office building at 6071 Monclova Road, subject to the following:
1. The owner of said premises shall comply with all rules and regulations of the City concerning landscaping and the planning of trees, in accordance with landscaping and tree plans approved by the Director of Public Service;
2. Sidewalks shall be installed in the right-of-way;
3. Storm water calculations shall be submitted along with information regarding the BMP chosen to meet the first flush treatment requirements;
4. A copy of the NOA and Stormwater Pollution Prevention Plan shall be provided to the Service Department at the time of submittal to the Ohio EPA;
5. The curb cut proposed on the site plan shall be eliminated or moved to the east side of the site unless the roadway is widened at his location to include a left turn lane; and
6. A left turn lane shall be created from westbound Monclova Road into the main entrance to the site by using the existing pavement width and eliminating one westbound lane and restriping the inside westbound lane.
Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5) voting yea; Buehrer (1) abstaining. The Chair declared the motion carried.

A letter from the Police Chief requesting waiver of the fee for record checks for Maumee Girls' Softball coaches was read. He stated that the Maumee Girls' Softball Organization has decided to require background checks of their league coaches, which can be done by the Police Division. He also stated that the league has approximately forty coaches for the upcoming season, which would require a significant financial outlay for this non-profit, volunteer-based youth organization.
Mr. Carr requested the Administrator and Law Director draft a policy concerning background checks for organizations using City facilities.
Mr. CARR moved to refer the matter of background checks for organizations using City facilities to the Parks and Recreation Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of agreements to complete arbitrage rebate calculations for the 2007 and 2008 debt issues was read. He stated that the City issued debt for new projects in 2007 and again in 2008 and with these debt issues come the oversight of the IRS to assure that this money goes for construction and is not issued solely to leverage the City's tax-free status. He stated he has received a proposal from the City's bond counsel, Peck Shaffer, to complete the calculations and filing for these issues at a cost from $3,000 to $5,000 per issue, depending on the reporting needed.
Mr. PAUKEN moved the necessary legislation be prepared to authorize a contract with Peck Schaffer & Williams LLP relative to rebate calculations for the 2007 and 2008 debt issues. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting matter of Rolf Park Pool operations be referred to the Parks and Recreation Committee.
Mr. BRAINARD moved to refer the matter of Rolf Park Pool operations to the Parks and Recreation Committee. 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 Arcadis for construction phase engineering services for Phase Three Area Three Storm Sewer Improvement project was read. He stated that the contract, in the amount of $64,000, would include bidding and construction phase services.
Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Arcadis U.S., Inc., for the bidding and construction phase engineering services, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr stated the Committee of the Whole met and reviewed items on the agenda with a discussion on background checks by the Maumee Police Division for groups using City facilities.

Mr. Carr stated the next Committee of the Whole would include a discussion on the City's 2007 accomplishments and 2008 goals and the start of the regular Council meeting would be delayed until 8:00 p.m.

Legislation was considered at this time.

ORDINANCE NO. 18 - 2008 AUTHORIZING AGREEMENT BETWEEN THE CITY OF MAUMEE, OHIO, AND OHIO DEPARTMENT OF TRANSPORTATION (ODOT) RELATIVE TO PAVEMENT UPGRADING OF PORTIONS OF THE ON AND OFF RAMPS AT THE ANTHONY WAYNE TRAIL AND I-475, 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, 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, Buehrer, Carr, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 19 - 2008 CHANGING THE BOUNDARIES OF USE DISTRICTS M-2 AND C-2 AND THE DISTRICT MAP ATTACHED TO THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, SO AS TO CHANGE THE ZONING REGULATIONS APPLICABLE TO CERTAIN TERRITORY.
The Clerk read the Ordinance by title only.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Pauken and Zimmerman, (5) voting yea; Carr (1) abstaining. So the Ordinance was passed by a vote of 5-0.

ORDINANCE NO. 20 - 2008 AMENDING ORDINANCE NO. 97-1971, AS AMENDED, RELATIVE TO SPECIAL USE PERMIT FOR ST. LUKE'S HOSPITAL IN THE CITY OF MAUMEE, OHIO, REPEALING CERTAIN SECTION, 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, Carr, Pauken and Zimmerman, (5) voting yea; Buehrer (1) abstaining.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman, (5) voting yea; Buehrer (1) abstaining. So the Ordinance was passed by a vote of 5-0.

ORDINANCE NO. 21 - 2008 AUTHORIZING EMPLOYMENT OF THE LAW FIRM OF PECK SCHAFFER & WILLIAMS LLP FOR LEGAL SERVICES RELATIVE TO REBATE CALCULATIONS FOR THE 2007 AND 2008 DEBT ISSUES ON BEHALF OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, 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, Buehrer, Carr, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 22 - 2008 AUTHORIZING EMPLOYMENT OF ARCADIS G&M, INC., ENGINEERS, RELATIVE TO PROVISION OF BIDDING AND CONSTRUCTION PHASE ENGINEERING SERVICES FOR THE 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. ZIMMERMAN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, 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, Buehrer, Carr, Pauken and Zimmerman, (6) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 23 - 2008 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
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.

Mr. CARR moved to adjourn until 8:00 p.m., Monday, February 18, 2008. Motion carried v.v.

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8:00 p.m. Monday, February 18, 2008

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 February 4, 2008 meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting a change order for Phase Three Area Two Storm Sewer Improvements project was read. He stated that it was necessary to install two additional catch basins on Parkway Drive North near Michigan Avenue to improve drainage. He requested a change order with Anderzack-Pitzen Construction, Inc. in the amount of $24,500 to perform this work.
Mr. PAUKEN moved to allow Mr. Zimmerman to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. PAUKEN moved the necessary legislation be prepared to approve a change order with Anderzack-Pitzen Construction, Inc. in the amount of $24,500 for Phase Three Area Two Storm Sewer improvement project. Roll call: Barlos, Brainard, Carr, Coyle and Pauken (5) voting yea; Zimmerman (1) abstaining; the Chair declared the motion carried by a vote of 5-0.

A letter from the Finance Director requesting an Assessment Equalization Board be established for the Crystal Avenue Area Storm Sewer Separation Phase Three Area Three Improvements project was read. He stated that notices of estimated assessments have been served and eight objections have been received. He said the following have agreed to serve on the board: Joshua Hazard, 1329 Anderson Avenue; Benjamin Heywood, 319 East Broadway Street; and Dennis Miketa, 4430 May Drive.
Mrs. BARLOS moved the necessary legislation be prepared to create an Assessment Equalization Board for the Phase Three Area Three Storm Sewer Improvement Project and to confirm the appointments of Joshua Hazard, Benjamin Heywood, and Dennis Miketa to that Board. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting permission to apply for the State of Ohio EMS Grant for 2008-2009 was read. He stated that last year $5,500 was received and was used to purchase EMS equipment.
Mr. BRAINARD moved the necessary legislation be prepared to authorize the application for and the acceptance of the State of Ohio Division of EMS Grant for 2008-2009. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting adoption of the 2008 Replacement Pages to the Municipal Code was read. He stated that the revisions include various ordinances passed by Council between January 1, 2007 and December 31, 2007 and changes in the Traffic and General Offense's sections to bring the City's code into conformance with the Ohio Revised Code.
Mr. PAUKEN moved the necessary legislation be prepared to approve changes to conform to the Ohio Revised Code and to adopt the 2008 updates to the Maumee Municipal Code of Ordinances. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Building and Zoning Inspector requesting adoption of the 2008 National Electric Code as the City's regulations was read. He stated that adoption of this national code would help maintain the above average rating by the Insurance Service Office (ISO) of the Inspection Division and the City.
Mr. ZIMMERMAN moved the necessary legislation be prepared to adopt the 2008 National Electric Code. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization to enter into an agreement with Pyrotechnico, New Castle, PA, and the City of Perrysburg, in the amount of $14,850, for the City's portion of the 2008 fireworks display, scheduled for July 3, 2008, was read. He stated that this year the fireworks display would cost $27,000, same as last year.
Mr. COYLE moved the necessary legislation be prepared to authorize the Mayor and Clerk to enter into an agreement with Pyrotechnico and the City of Perrysburg for the 2008 fireworks display, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting a service agreement with Motorola for the maintenance and service of the Police Division's Mobile Data Computers (MDC's) was read. He stated that Lucas County 911 has ceased to provide maintenance of the units for all agencies beginning January 1, 2008. He added that he has received a proposal from Motorola for maintenance of eight MDC's at a cost of $640 per unit per year for a total of $7,680.
Mr. BRAINARD moved the necessary legislation be prepared to authorize a service agreement with Motorola in an amount not to exceed $7,680 for Mobile Data Computer maintenance. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting authorization of a contract with The Mirror Newspaper for publication of the City's newsletter was read. He stated that it has been six months since the last City newsletter was published and he recommended authorizing a contract with The Mirror Newspaper in an amount not to exceed $6,400 to publish two City of Maumee newsletters in 2008.
Mr. CARR moved the necessary legislation be prepared to authorize a contract with The Mirror Newspaper in an amount not to exceed $6,400 for the publication of City newsletters. Roll call: All members present voting yea, the Chair declared the motion carried.

The 2007 annual reports of the Service Department, the Police Division, and the Inspection Division were presented.
Mr. CARR moved to place the annual reports on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a contract with Mannik and Smith Group Inc. in the amount of $1,500 for an asbestos survey for 202 East William Street was read. He stated that the proposal consists of taking samples from materials to determine if asbestos is present and if remediation is required prior to demolition.
Mr. PAUKEN moved the necessary legislation be prepared to authorize a contract with Mannik and Smith Group Inc. in an amount not to exceed $1,500 for an asbestos survey at 202 East William Street. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a contract amendment with the Shelly Co., in the amount of $20,558.43 for the Russell Road, Fallen Timbers Lane Improvements final field quantity adjustments was read. He stated that final field quantities have been tabulated and he recommended a contract amendment with the Shelly Co.
Mr. COYLE moved the necessary legislation be prepared to approve a change order with the Shelly Co., in the amount of $20,558.43 for the Russell Road, Fallen Timbers Lane Improvements project. Roll call: All members present voting yea, the Chair declared the motion carried.

Application of Detroit Avenue Plaza LLC for a change in zoning from C-1 Neighborhood Commercial to C-2 General Commercial for the property known as Parkway Plaza was read.
Mr. BRAINARD moved to refer the application of Detroit Avenue Plaza LLC for a change in zoning from C-1 Neighborhood Commercial to C-2 General Commercial for the property known as Parkway Plaza to the Municipal Planning Commission. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of Paul Mulder, Equipment Operator, Department of Public Service, effective February 15, 2008 was read.
Mrs. BARLOS moved to accept the resignation of Paul Mulder effective February 15, 2008. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting the proposal to increase electric rates (Ohio Senate Bill 221) be referred to the Public Information Committee.
Mr. COYLE moved to refer SB 221 to the Public Information Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting consideration of the replacement of marked police cars and motorcycle be referred to the Finance Committee was read. He stated that the matters need to be acted upon as soon as practical.
Mr. PAUKEN moved to refer the matter of Police Division vehicle replacement to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr stated the Committee of the Whole met and heard presentations by department directors of 2007 accomplishments and 2008 goals and were introduced to Barb Markland, Income Tax Specialist.

Mr. Brainard requested permission to add the following report of the Parks & Recreation Committee meeting held February 11, 2008, to the agenda.

Parks & Recreation Committee

                The Parks & Recreation Committee of Council met on Monday, February 11, 2008 at 4:00 p.m. Present at the meeting were Brent Buehrer, Todd Zimmerman and Doug Brainard of the Committee; Linda Wilker, Sheilah McAdams, Larry Gamble, Joe Camp, John Jezak, and Chief Zink from Administration; and Karen Brebberman, Manager of the Rolf Park Pool, and Brett Adams, Director of Youth Football.
                The first order of business was to discuss the Maumee Rolf Park Pool operations. Mr. Camp provided the committee with a packet of information pertaining to the pool program for the City. This past year the pool had an approved budget of $105,000 with an actual expenditure of $98,043.40. Total resident memberships totaled 2,698, resident ID passes equaled 689, and total non-resident passes, which are restricted to 250, did in fact reach that number. The Administration wanted the committee to take a look at the non-resident memberships and some of the problems that exist. First and foremost, the number of memberships in demand far exceeds the number of memberships available. This has created problems and often leads to disappointment. The method of issuing non-resident memberships is non-effective and often results in disruption with normal everyday municipal business where managers have to remind those waiting in line within the building to refrain from using vulgar language at times, pick up garbage that is often left behind, and to talk with voice levels that will not interfere with normal business being conducted. The problems experienced, however, do not stop at the time of the sale of the membership. Behavior issues are also addressed at the pool itself. Some non-resident members want the same privileges as residents and get upset when advised there is a difference. According to the Pool Manager, at times it is necessary to have a police presence at the pool in order to maintain discipline. Mr. Camp presented to the committee two proposals for the committee to consider. Option #1 involves the elimination of the non-resident membership and Option #2 kept the membership but raised the costs. According to Mr. Camp, the elimination of the non-resident membership may result in the loss of approximately $12,000 annually. However, this amount could be made up through the selling of day passes, which non-residents would be able to purchase at $12.00 each. After much discussion and careful consideration, it is the unanimous decision of the committee to recommend to Council to eliminate the non-resident membership for the 2008 season and take a look at any effects it may cause at the end of the season.
                Another matter that was before the Parks & Recreation Committee was the issue of a swim team at Rolf Park Pool. This matter was referred to the committee last year but insufficient information was received and time restraints prevented the committee from acting. Updated information will be gathered and forwarded to the committee in hopes that a swim team may be created.
                The next order of business before committee this date had been referred to committee from the agenda at the February 5, 2008 Council meeting. It had to do with web checks (background checks) on volunteer coaches. Basically, there are three major groups to take into consideration:
                1. Maumee-sponsored recreation coaches.
                        2. Groups that come to Maumee to use Maumee facilities or play against Maumee teams.
                        3. Any group that comes to Maumee and uses Maumee facilities.

                There is no argument that anytime a coach is assigned to work with youth, a background check should be conducted. The committee is in agreement on this matter. There are several issues that the committee looked at:

                1. Is there a way that we can mandate that record checks be done on all coaches using any Maumee facility?
                        2. How do we cover any costs associated with the checks?

            According to the Police Chief, the department is charged by the Bureau of Criminal Identification (BCI) a $15.00 administrative charge on all web checks completed. Presently, Maumee does have an ordinance that establishes fees the City charges for the checks. However, most outside leagues have approximately 40 coaches and to get web checks done on all of them would be costly. The Chief indicated that there are several outside agencies that provide this service for such groups but the rates they charge are mostly in line with the City's fee schedule.
                After much discussion, the following is being recommended for Council's consideration. The Police Department would provide BCI web checks at cost ($15.00) to anyone involved in wanting to be a coach in the Maumee Recreation Program. It would be the responsibility of the league to establish guidelines on what to do with the record checks and not the City. The checks would go directly to whomever the league would establish as the recorder. The league would establish the criteria for what type of record would prevent someone from becoming a coach. It is strongly recommended that every league requesting a web check have the checks conducted annually and all records maintained.
                Although the committee is in agreement that background checks are very much necessary, anytime an adult wants to volunteer to coach our youth, the responsibility is with the governing board of the specific league to establish the guidelines to use and how to get them done. As for the matter before the committee, it is the recommendation of the Parks & Recreation Committee (2-1) that our Police Chief has agreed to provide the web checks through his department. The cost associated with the web check and posted in the current fee schedule of the City will be waived and the applicant will only be responsible for the administrative costs, $15.00, currently being charged by BCI. This would apply to anyone wanting to become a coach within the Maumee Recreation Program only at this time. It is strongly recommended that all governing bodies for any league of any sport establish guidelines to get record checks completed for anyone wishing to become a coach in their league.
Respectfully submitted,
Doug Brainard, Chair
Brent Buehrer, Member
Todd Zimmerman, Member

Mr. BRAINARD moved to adopt Option #1, elimination of the non-resident Rolf Park Pool membership for the 2008 summer season, as presented. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. BRAINARD moved to recommend approval of background checks by the Maumee Police Department, at a cost of $15.00 each, for all volunteer coaches of youth-based organizations utilizing City facilities, as recommended. Roll call: Barlos, Brainard, Carr, Coyle, and Pauken (5) voting yea; Zimmerman (1) voting nay. The motion passed by a vote of 5-1.

Mr. CARR moved to add an Executive Session to discuss a personnel issue. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 24 - 2008 AUTHORIZING APPROVAL OF CHANGE ORDER TO CONTRACT FOR THE CONSTRUCTION OF THE PHASE THREE AREA TWO STORM SEWER PROJECT IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle and Pauken (5) voting yea; Zimmerman (1) abstaining.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle and Pauken (5) voting yea; Zimmerman (1) abstaining. So the Ordinance was passed.

RESOLUTION NO. 25 - 2008 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 THREE AREA THREE 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. BRAINARD moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays, none.
Mr. BRAINARD moved the resolution 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. 26 - 2008 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION OR APPLICATIONS WITH STATE OF OHIO DIVISION OF EMS RELATIVE TO MEDICAL EQUIPMENT FUNDING, AUTHORIZING ACCEPTANCE OF GRANTS, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mrs. BARLOS moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mrs. BARLOS moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 27 - 2008 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. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR 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. 28 - 2008 AMENDING THE MAUMEE REVISED CODE RELATIVE TO ADOPTING 2008 NATIONAL ELECTRIC CODE, REPEALING CERTAIN SECTIONS, 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. 29 - 2008 AUTHORIZING CONTRACT RELATIVE TO FIREWORKS DISPLAY, 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. So the Ordinance was passed.

ORDINANCE NO. 30 - 2008 AUTHORIZING CONTRACT WITH MOTOROLA RELATIVE TO MAINTENANCE OF MOBILE DATA COMPUTERS FOR CITY COMMUNICATIONS SYSTEM, 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. 31 - 2008 AUTHORIZING EXECUTION OF CONTRACT WITH THE MIRROR NEWSPAPERS RELATIVE TO PUBLICATION OF TWO NEWSLETTERS OF 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, 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. 32 - 2008 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO PREPARATION OF AN ASBESTOS SURVEY AND DOCUMENT REVIEW FOR CITY-OWNED PROPERTY LOCATED AT 202 EAST WILLIAM STREET 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, 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.

ORDINANCE NO. 33 - 2008 AUTHORIZING ADDITIONAL CHANGE ORDER TO CONTRACT FOR CONSTRUCTION OF THE PUBLIC INFRASTRUCTURE FOR THE SHOPS AT FALLEN TIMBERS 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, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR 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.

When Council returned from Executive Session, Mr. CARR moved to adjourn until 7:30 p.m., Monday, March 3, 2008. Motion carried v.v.