Monday, January 6, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the December 16, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 1 – 2003 APPROPRIATING FUNDS FOR CURRENT EXPENSES OF THE CITY OF MAUMEE, OHIO FOR THE FIRST QUARTER OF FISCAL YEAR 2003. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

RESOLUTION NO. 2 – 2003 REQUESTING THE AUDITOR OF LUCAS COUNTY, OHIO, FOR ADVANCE PAYMENTS OF THE 2003 COLLECTION OF TAXES DUE THE CITY OF MAUMEE, OHIO. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 3 – 2003 AUTHORIZING CONTRACT WITH THE FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, INC., AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 4 – 2003 AMENDING ORDINANCE 48-2002 AS AMENDED RELATIVE TO 2002 APPROPRIATIONS FOR 2002 EXPENSES, FUND TRANSFERS, AND EXPENDITURES. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 5 – 2003 AUTHORIZING PURCHASE OF VEHICLE FOR THE DIVISION OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 6 – 2003 AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISON RELATIVE TO ELECTRICAL SERVICE FOR MONCLOVA ROAD/ANTHONY WAYNE TRAIL CAUTION SIGNAL LIGHTING AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 7 – 2003 AUTHORIZING CONTRACT RELATIVE TO FIREWORKS DISPLAY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 8 - 2003 ACCEPTING DONATION OF CERTAIN ASSET FROM LUCAS COUNTY BOARD OF COMMISSIONERS. Motion to pass by Mr. COYLE. Passed by 6-0 vote. Barlos (1) abstain.

ORDINANCE NO. 9 – 2003 AUTHORIZING AGREEMENT FOR ACCIDENT INSURANCE COVERAGE FOR VOLUNTEER FIREFIGHTERS OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 10 – 2003 AMENDING ORDINANCE 170-2002 ESTABLISHING SALARIES AND COMPENSATION OF ADMINISTRATIVE SUPPORT EMPLOYEES OF THE CITY OF MAUMEE, REPEALING CERTAIN ORDINANCE AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 11 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.A notice from the Ohio Division of Liquor Control of application for a new permit at 1155 W. Dussel (551 W. Dussel) was presented. Mr. SHOOK moved the notice be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting reconsideration of the proposal to purchase a 2003 Ford Explorer through the State Purchase Program was read. He stated prices were obtained from Brondes Ford of Maumee and from Springfield Ford, Inc., Springfield, Ohio, with the lowest and best in the amount of $25,895.75 from Springfield Ford, Inc. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize the purchase of a 2003 Ford Explorer through the State Cooperative Purchasing program from Springfield Ford, Inc., in the amount of $25,895.75. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing John Jezak, Larry Gamble, Kirk Kern, Richard Carr and Douglas Brainard as members of an ad hoc committee regarding the utilization of the Lucas County Recreation Center property was read. He stated Lucas County Commissioner Barlos has requested the City participate in development of a Family Aquatics Center. Mr. BRAINARD moved Mrs. Barlos 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. BRAINARD moved the appointments be confirmed. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Mayor appointing Robert Zink, Chief of Police, as the City's representative to Lucas County E-9-1-1 communications board was read. Mr. BRAINARD moved Mrs. Barlos 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. BRAINARD moved the appointment be confirmed. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Commissioner of Public Service requesting authorization of an agreement with Toledo Edison for electric service for highway signs was read. He stated the cost for Toledo Edison to provide electric service to the "signal ahead" caution flashers at the intersection of Anthony Wayne Trail and Monclova Road is $2,526 and must be paid prior to Toledo Edison performing any work.

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. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Toledo Edison in the amount of $2,526 for two new electrical service installations, as requested. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Shook (6) voting yea; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Administrator/Safety Director requesting authorization of a contract for the Independence Day fireworks display was read. He stated Zambelli Internationale Fireworks Manufacturing Company, Inc., New Castle, PA, has quoted a price of $23,730 for the 2003 fireworks ($22,600 in 2002) with the City of Maumee's share totalling $13,320 and the City of Perrysburg's share totalling $10,500.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Zambelli Internationale Fireworks Manufacturing Company, Inc., and the City of Perrysburg in the amount of $23,730 for the 2003 Independence Day fireworks display, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Lucas County Emergency Services regarding transfer of mobile computers and related hardware installed in City vehicles was read. Dennis Cole, director, stated the Lucas County Commissioners authorized donation of the mobile computer hardware to the recipient jurisdictions. The computers and related hardware are mounted in twenty of the City's public safety vehicles. Mr. SHOOK moved Mrs. Barlos 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. SHOOK moved the necessary legislation be prepared to accept donation of mobile computers and related hardware from Lucas County, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Deputy Fire Chief requesting authorization of renewal of volunteer firefighters accident insurance program was read. He stated the cost for 2003 of the Volunteer Firefighters Accident Insurance Program from Allen & Hartzell, Inc., is $4,558 ($3,376 in 2002). Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize renewal volunteer firefighters accident insurance through Allen & Hartzell, Inc., in the amount of $4,558, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved a public hearing on the vacation of the east-west alley adjacent to Union School be added to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.  The Mayor opened the public hearing on the vacation of the east-west alley between E. Broadway Street and E. Harrison Avenue and adjacent to Union School. The Service Director stated that a portion of the school building is located in the alleyway. The Law Director stated the adjacent property is now owned by Maumee City Schools. No one spoke either in favor of or opposition to the vacation. Mr. SHOOK moved the public hearing be closed. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the to approve the vacation of the east-west alley adjacent to Union School. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated Michael Smith, Mannik & Smith, and John Crandall, Lucas County Engineer, gave a presentation of the status of plans for the interchange improvement project at Dussel Drive and U.S. 23/I475 and at Illinois Avenue (20-A) and U.S. 23/I475.
Mr. Shook read the following report from the Parks & Recreation Committee. (Report in full in Minutes Journal.)
Mr. SHOOK moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mr. COYLE moved to refer to the Safety Committee the matter of the need for a consultant to analyze the future facility needs of the Police and Fire Divisions. Roll call: All members present voting yea, the Chair declared the motion carried.
Mrs. BARLOS moved to refer the matter of paving the Anthony Wayne Trail to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved to adjourn to executive session to discuss 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. CARR moved to adjourn until 8 p.m., Tuesday, January 21, 2003, carried v.v.

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Tuesday, January 21, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the January 6, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 12 – 2003 VACATING CERTAIN PORTION OF ALLEY IN THE CITY OF MAUMEE, LUCAS COUNTY, OHIO. Motion to pass by Mr. COYLE. Passed by 5-0 vote. Barlos and Shook (2) abstaining.

ORDINANCE NO. 13 – 2003 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR ANTHONY WAYNE TRAIL SIGNALIZATION PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 14 – 2003 AUTHORIZING PURCHASE OF VEHICLES FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

RESOLUTION NO. 15 – 2003 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION FOR OHIO STATE FIRE MARSHALL VOLUNTEER FIRE DEPARTMENT GRANT, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 16 – 2003 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND STATE OF OHIO OFFICE OF CRIMINAL JUSTICE SERVICES RELATIVE TO LIFT UP JUVENILE DIVERSION PROGRAM, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

RESOLUTION NO. 17 – 2003 AMENDING RESOLUTION 72-1996 AND RESOLUTION 35-1997 ESTABLISHING AND DESCRIBING THE BOUNDARIES OF THE COMMUNITY REINVESTMENT AREA IN THE CITY OF MAUMEE, REPEALING CERTAIN SECTION, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 18 – 2003 AUTHORIZING CONTRACT WITH HARBOR BEHAVIORAL HEALTHCARE FOR TRAINING RELATIVE TO ALCOHOL AND CONTROLLED SUBSTANCE TESTING FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 19 – 2003 AUTHORIZING FILING OF APPLICATIONS FOR FUNDS UNDER THE TEA-21 PROGRAM AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 20 – 2003 AUTHORIZING EXECUTION OF AGREEMENT WITH THE STATE OF OHIO DEPARTMENT OF DEVELOPMENT RELATIVE TO REVOLVING LOAN ADMINISTRATION OF OHIO SMALL CITIES CDBG PROGRAM, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 21 – 2003 AUTHORIZING EMPLOYMENT OF SSOE STUDIOS/WATER TECHNOLOGY, INC. RELATIVE TO STUDY OF CITY POOL AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 22 – 2003 AUTHORIZING MUTUAL AID AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF LUCAS COUNTY FOR THE PROVISION OF BUILDING INSPECTION SERVICES, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 23 – 2003 ADOPTING ALCOHOL AND CONTROLLED SUBSTANCES TESTING POLICY FOR THE EMPLOYEES OF THE CITY OF MAUMEE, REPEALING CERTAIN ORDINANCES, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 24 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. CARR. Passed by 7-0 vote.

A letter from the Service Director requesting approval of Change Order Number 19 for ODOT's Conant Street/Anthony Wayne Trail Signalization Project was read. He stated the change order request is for a deduction of $2,560.88 for items not performed. Mr. SHOOK moved the necessary legislation be prepared to authorize Change Order Number 19 for the Conant Street/Anthony Wayne Trail Signalization Project in the amount of a deduction of $2,560.88, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authority to advertise for bids for the 2003 tree planting program was read. He stated the 2003 tree planting program includes 267 trees with an estimated cost of $37,000. Mr. BUEHRER moved to authorize the Service Department to advertise for bids for the 2003 tree planting program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval to purchase three pick-up trucks through the State Cooperative Purchasing Program was read. He stated Valley Ford Truck Sales, Inc., the authorized dealer for the State of Ohio, has supplied prices for three pick-up trucks, trade-in values and delivery fees. He stated local dealers quoted higher prices. The cost, net of trade-ins, for three 2003 Ford pick-up trucks are as follows: #31-Natural Resources, $15,003.09; #45-Water, $14,253.11; and #51-Operations, $12,954.00. Mr. COYLE moved the necessary legislation be prepared to authorize purchase of three 2003 Ford pick-up trucks with trades from Valley Ford Truck Sales, Inc., in the net amount of $42,210, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Deputy Chief of Fire requesting permission to apply for a grant from the State Fire Marshall's Volunteer Fire Department Equipment Grant Program was read. Mr. BRAINARD moved the necessary legislation be prepared to authorize application and acceptance of a grant from the State Fire Marshall's Volunteer Fire Department Equipment Grant Program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting approval of a grant agreement and appropriation for the Lift-up Juvenile Diversion Program was read. He stated the Paraclete Social Outreach was awarded grant funding through the Byrne Memorial Grant Fund and the Office of Criminal Justice Services for implementation of their Lift-up Juvenile Diversion Program and the City of Maumee is asked to make a grant of $5,889.12, which represents the 25% local cash match. Mrs. BARLOS moved the necessary legislation be prepared to authorize a grant agreement and appropriation of $5,889.12, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting legislation to petition the Ohio Department of Development for the expansion of Community Reinvestment Area (CRA) #1 was read. He stated that, in an effort to enhance our local economic development program, the City should expand its existing CRA #1 to include the approximate 90 acres west of I-475 and south of US 20-A that was annexed to Maumee as of November 21, 2002. Mr. SHOOK moved the necessary legislation be prepared to authorize extending the existing CRA #1 to include the approximate 90 acres west of I-475 and south of US 20-A, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting a contract for training for supervisors was read. He stated that, under the U.S. Department of Transportation (DOT) guidelines governing Commercial Drivers License (CDL) employees, there is a requirement for managers and supervisory personnel to undergo training on alcohol misuse and controlled substance use. Mrs. BARLOS moved the necessary legislation be prepared to authorize an agreement with Harbor Employee Assistance in an amount not to exceed $1,400 for the DOT training, 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 to apply for a TMACOG Transportation Enhancement Act (TEA) Grant for Conant Streetscape improvements was read. He stated the TEA-21 grant funds would be utilized to extend period lighting and decorative walkways and to move overhead utilities to underground on Conant Street from the Anthony Wayne Trail to the Illinois/Indiana Street intersection with a total cost projected at $909,017.50. If awarded, grant funds would be available for expenditure in 2006 and Maumee would apply for the maximum amount of total eligible funds, which is up to fifty percent of the total project cost. Mr. BUEHRER moved the necessary legislation be prepared to authorize application for the TEA-21 2006-2007 grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting an agreement with the Ohio Department of Development for CDBG administration was read. He stated the Ohio Department of Development has requested that the City formally enter into a Revolving Loan Administration Agreement pertaining to the Ohio Small Cities CDBG program in order to maintain adequate program oversight and ensure that communities understand and adhere to the terms of the agreement in conjunction with the administration of the CDBG, Revolving Loan Fund. Mr. BRAINARD moved the necessary legislation be prepared to authorize an agreement with the Ohio Department of Development, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development regarding Historical Home Tour plaques was read. He stated a total of four quotations were received for the purchase of fifty commemorative bronze plaques for distribution to all homeowners who have participated in the Historic Maumee Home Tour, with the lowest of $2,025.50 from Mastermark Company, Seattle, Washington. Mr. SHOOK moved the City donate $2,025.50 to the Maumee Senior Center for purchase of fifty Historic Home Tour plaques. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting the matter of casualty and liability insurance be referred to the Finance Committee was read. Mrs. BARLOS moved the mater be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director authorizing contract with an architect to evaluate options for a swimming pool was read. He stated SSOE Studios has submitted a quote of $25,000 for architectural services to assist the City in evaluating swimming pool options. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with SSOE Studios in an amount not to exceed $25,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing members of a compensation committee to discuss Mayoral and Council compensation was read. They are: Co-chair, Barbara Dennis and Howard Teifke; members, Myndi Milliken, Tom Brell, Tom Dussel, Frank Bartell and Rob Cintron. Mr. BUEHRER moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A request from the Chief Building Inspector to enter into an agreement with Lucas County for supplemental inspection and plan review services was read. He stated these alternate personnel would serve only in the event of the unavailability of the Building Official, Plans Examiner or Field Inspectors or in case of emergency. Mr. BRAINARD moved Mrs. Barlos 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. BRAINARD moved the necessary legislation be prepared to authorize an agreement with Lucas County for supplemental inspection and plan review services, as requested. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Commissioner of Public Service to advertise for bids for William Street improvements was read. He stated William Street has been scheduled for reconstruction from Ford Street to River Road at an estimated cost of $1,200,000. Mrs. BARLOS moved the Service Department be authorized to advertise for bids for the William Street improvements, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service for adoption of the Alcohol and Controlled Substance Abuse Policy for CDL holders was read. He stated due to changes in Federal Regulations the Service Department has created a Alcohol and Controlled Substances Testing Policy which meets FHWA requirements. Mr. SHOOK moved the necessary legislation be prepared to adopt the Alcohol and Controlled Substances Testing Policy, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated Dr. Chris Shove, University of Toledo gave a presentation on the GIS project graduate students are preparing for the City. Mr. Shook also reported Dale Fallet, Arrowhead Park Association, gave a presentation on the 30th Anniversary of Arrowhead and requests a member of Council join the steering committee. He further stated the matters of appointments by the Mayor for a compensation committee to discuss Mayoral and Council compensation, William Street improvements, a new program created by the Paraclete Social Outreach, Inc., Historical Home Tour plaques and a contract with SSOE Studios for swimming pool plans were discussed.

Mrs. Barlos read the following report from the Streets Committee. (Report in full in Minutes Journal.) Mrs. BARLOS moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD gave a verbal report of the Environment Committee. He stated the committee recommends the Service Department be allowed to enter into an agreement with Waste Management for a pilot program in one area of the City. Waste Management would provide each household with two 96-gallon trash cans for a two month period. At the end of the program, each household would be asked to complete a survey. The Cities of Oregon and Rossford will also participate in a pilot program. Mr. BRAINARD moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer read the following report from the Finance Committee. (Report in full in Minutes Journal.) Mr. BUEHRER moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Nancy Cramer, 219 W. John Street, requested Council avoid the use of an "emergency clause" should it consider legislation authorizing a Tax Increment Financing district.

Don Abel, 5025 N. Jerome Road, spoke against financial support for the "Wacky Walleye" project.

Mr. SHOOK moved to release $5,000, the balance of the amount authorized in 2002, to the Maumee Council for the Arts. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

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

When Council returned to regular session, Mr. CARR moved to adjourn until 8 p.m., Tuesday, February 3, 2003, carried v.v.

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SPECIAL MEETING - Friday, January 31, 2003

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, and Zimmerman (6); absent: Shook (1). Mayor Wagener presiding.

The Mayor stated he requested the Special Council meeting to consider the recommendations of the Ad Hoc Committee concerning salaries for future elected officials. He stated the Charter provides that any changes in salaries for the Mayor or Members of Council be enacted before February 1 of the year prior to the start of the term of office. The following report of the Ad Hoc Committee was read. (Report in full in Minutes Journal.)

Mr. Carr expressed concern that the matter was brought forth so soon before the deadline.

Mr. Coyle stated that data regarding comparable Council positions was not provided to the Committee or Council.
Mr. BUEHRER moved that the recommendations of the Ad Hoc Committee be approved and that the necessary legislation be prepared to enact changes in salaries for the Members of Council.

ORDINANCE NO. 25 – 2003 DETERMINING SALARIES AND COMPENSATION OF MAYOR, PRESIDENT OF COUNCIL AND MEMBERS OF COUNCIL, REPEALING CERTAIN ORDINANCES, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 voteMr. CARR moved to adjourn until 8 p.m., Monday, February 3, 2003, carried v.v.

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Monday, February 3, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the January 21 and January 31, 2003 meetings and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 26 – 2003 AUTHORIZING AGREEMENT WITH FIFE & SONS CARPET CLEANING RELATIVE TO FURNITURE CLEANING SERVICES IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 5-0 vote. Carr (1) abstaining.

ORDINANCE NO. 27 – 2003 AUTHORIZING EXTENSION OF INSURANCE CONTRACT RELATIVE TO CASUALTY AND LIABILITY COVERAGE FOR THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 28 – 2003 AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISON RELATIVE TO 214 ILLINOIS AVENUE AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 5-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 29 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

A letter from the Mayor was read presenting the following appointments: Marilyn Wendler, 231 W. Broadway, to the Records Commission for a two year term ending December 31, 2004; Norman Wagener, 1420 River Road, to the Revolving Loan Fund Committee for a three year term ending December 31, 2005; Michael Coyle, 208 E. Dudley Street, to the S.A.I.L. Board for an unexpired two year term ending December 31, 2004; Thomas Yurysta, 1344 Winghaven Road, to the Municipal Planning Commission for an unexpired six year term ending December 31, 2004; John Hiles, 1752 Cambridge Park East, to the Maumee Valley Historical Society Board of Trustees for an unexpired term ending June 15, 2003; and Eric Hoffman, 2650 Riverview Drive, to the Board of Control for a three year term ending December 31, 2005. Mr. SHOOK moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Michael Dibling, MUBA Summer Fair Coordinator, requesting approval for Summer Fair on August 15 and 16, 2003, was read. He stated certain changes in activities and locations are being planned. Mr. BUEHRER moved the matter be referred to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Debra Fauble, President, Maumee Seniors, Inc., requesting donation for operation of the Senior Center for 2003, was read. She stated that the request of $14,000 for utilities and $2,700 for minor building expenses is the same as 2002. Mr. ZIMMERMAN moved to approve donation of $16,700 to the Maumee Senior Center, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of an appropriation to enable application for an easement with Norfolk Southern Railway for Phase Three Storm Sewer Improvement Project was read. He stated that Norfolk Southern's consultant, DMJM+Harris, charges an application fee of $1,830 to review and approve the pipeline design prior to approving an easement. Mrs. BARLOS moved the necessary legislation be prepared to authorize appropriation of $1,830 payable to DMJM+Harris, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting review of financing plans for Phase Three Storm Sewer Improvement Project was read. Mr. COYLE moved the matter be referred to the Finance Committee and Water & Sewers Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief announcing his retirement on May 31, 2003, was read. Mr. CARR commended Chief McConnaughy for his service and moved his resignation be accepted. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of an agreement with Toledo Edison in order to move a utility pole was read. He stated that in preparation for paving the lot at 214 Illinois Avenue, a utility pole needs to be moved prior to beginning construction. He further stated Toledo Edison has quoted a cost of $2,703. Mr. BUEHRER 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. SHOOK moved the necessary legislation be prepared to authorize an agreement with Toledo Edison to move a utility pole at 210 Illinois at a cost of $2,703, as requested. Roll call: Barlos, Buehrer, Carr, Coyle and Shook (5) voting; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A letter from the Service Director requesting a contract for furniture cleaning services was read. He stated two proposals were received to have the swivel chairs in Council Chambers and Conference Room cleaned and he requests a contract with Fife and Son's Carpet Cleaning, Inc., in the amount of $616.25 to clean and protect twenty-nine chairs. Mr. ZIMMERMAN moved Mr. Carr be allowed to abstain from consideration due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Fife and Son's Carpet Cleaning, Inc., in an amount up to $616.25, as requested. Roll call: Barlos, Buehrer, Coyle, Shook and Zimmerman (5) voting yea; nays none; Carr (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A letter from the Administrator/Safety Director requesting that labor contract negotiations and employee ordinance renewals be referred to the Finance & Economic Development Committee was read. He stated the Maumee Professional Firefighter/Paramedic Association contract and the ordinances covering management and supervisory employees (#209-2000) and administrative and support employees (#208-2000) expire on December 14, 2003. Mr. ZIMMERMAN moved the matter be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization to extend property and liability insurance coverage for thirty days was read. He stated that due to changes in the insurance industry, renewal of the City's plan of casualty and liability coverage will cost significantly more than prior years. Alternate carriers have been contacted and their quotes are not yet available. Mrs. BARLOS Moved the necessary legislation be prepared to authorize a thirty day extension of the current insurance program with the Ohio Government Risk Management Plan. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Lucas County regarding representation on a committee to explore options for Children's Wonderland was read. James O'Neal, Assistant County Administrator, stated the committee's charge will be to examine locations, costs, potential partnerships, and sponsorships. Mr. SHOOK moved Mrs. Barlos be allowed to abstain from consideration due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved to appoint Mr. Shook as a representative on the committee. Roll call: Buehrer, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A letter from TMACOG soliciting the City's interest in a new bikeway utilizing the abandoned railroad right-of-way north of the turnpike was read. Mr. BUEHRER moved the matter be referred to the Administration. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police and Fire Chiefs requesting a contract with Poggemeyer Design Group to develop a concept plan for a Safety Training Facility was read. Mr. ZIMMERMAN moved the matter be referred to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated Jim Gee of TARTA gave a presentation on the Call-A-Ride program that TARTA will begin March 30, 2003 in Maumee. Mr. Shook also reported Charles Jacobs, Suzanne Mosher, and Ernest Weaver, Maumee Valley Historical Society, presented City Council and the Administration with commendations for their continued support. He further stated Chief Don McConnaughy gave a history of the use of automatic external defibrilators (AED) by the Fire and Police Divisions in the City. Mr. Zimmerman read the following report from the Finance Committee. (Report in full in Minutes Journal.) Mr. Zimmerman moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Jim Scott, 1740 Parkway Drive South, and Dean Niese, 3545 Cedar Creek Court, of Maumee Youth Soccer Association (MYSA) spoke regarding the continued use of Rolf Park for soccer and their belief that an alternative site should be found for the community pool.

Legislation was considered at this time.

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

When Council returned to regular session, Mr. CARR moved to adjourn until 8 p.m., Tuesday, February 17, 2003, carried v.v. 

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Monday, February 17, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the February 3, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 30 – 2003 AUTHORIZING EXECUTION OF CONTRACT FOR COT MAINTENANCE SERVICES FOR DIVISION OF FIRE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 31 – 2003 AUTHORIZING CONTRACT WITH FINANCE SYSTEM OF TOLEDO RELATIVE TO COLLECTION OF CITY ACCOUNTS FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 32 – 2003 AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A THIRD AMENDMENT TO TRUST INDENTURE AND THIRD AMENDMENT TO LOAN AGREEMENT IN CONNECTION WITH THE AMENDMENT OF THE $3,610,000 ADJUSTABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2001 (RIVERWALK/MAUMEE PROJECT) OF THE CITY OF MAUMEE, OHIO, THE PROCEEDS OF WHICH WERE LOANED TO RIVERWALK/MAUMEE LIMITED PARTNERSHIP TO FINANCE THE ACQUISITION, CONSTRUCTION, REHABILITATION, INSTALLATION AND EQUIPPING OF A MULTIFAMILY RESIDENTIAL RENTAL SENIOR HOUSING FACILITY LOCATED WITHIN THE CITY OF MAUMEE, OHIO; AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-1 vote. Buehrer (1) voting nay.

ORDINANCE NO. 33 - 2003 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. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 34 - 2003 ADOPTING STORM WATER MANAGEMENT PLAN FOR THE CITY OF MAUMEE, AUTHORIZING FILING WITH OHIO ENVIRONMENTAL PROTECTION AGENCY, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 35 – 2003 AUTHORIZING AGREEMENT WITH POGGEMEYER DESIGN GROUP FOR SERVICES RELATIVE TO MAUMEE INDOOR THEATER IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 36 – 2003 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO SITE SURVEY FOR PROPOSED POLICE FACILITY IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 37 – 2003 AN ORDINANCE AUTHORIZING AMENDMENTS TO THE FOLLOWING ENTERPRISE ZONE (EZ) AGREEMENTS AND COMMUNITY REINVESTMENT AREA (CRA) AGREEMENTS BASED ON THE RECOMMENDATIONS OF THE TAX INCENTIVE REVIEW COUNCIL AND DECLARING THIS ACT AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 38 - 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

Annual reports for 2002 for: Riverside Cemetery, Fire Division, Building & Zoning Division, Municipal Court, and Law Enforcement Trust and Mandatory Drug Fine Funds were presented. Mr. BRAINARD moved the reports be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Michael Russel, 917 W. Wayne Street, to the Administrative Board for a five year term ending December 31, 2007, was read. Mr. CARR moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Lucas Soil & Water Conservation District requesting a donation for 2003 programming was read. Mr. Shook stated donations are matched 100% by the State of Ohio and the City donated $1,000 in 2001 and 2002. Mr. SHOOK moved to authorize donation of $1,000 to the Lucas Soil & Water Conservation District. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a contract for maintenance of medical cots was read. He stated the request is for a contract renewal. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Equipment Management Service and Repair, Inc., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of an agreement for bill collection services was read. He stated that, when invoices go unpaid for ambulance service, utility services, false alarm response fees, weed cuttings, and other miscellaneous service, the City has employed Finance System of Toledo as a collection agent. The standard commission is 33% and, for bills collected through action in the courts, the rate is 50%. Commissions paid in 2002 amounted to $4,477. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Finance System of Toledo, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Richard Chase, attorney for Lutheran Homes Society, requesting Council authorize extension of the escrow agreement for bonds sold in December, 2001, was read. He stated the extension request to July 1, 2003. Mr. SHOOK moved the necessary legislation be prepared to authorize extension of the escrow agreement for bonds sold in December 2001 and related agreements, until July 1, 2003, as requested. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; Buehrer (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

A tabulation of bids received for the 2003 Tree Planting program was presented. The Commissioner of Public Service stated two bids were received and he recommends the bid of Carl's Nursery, 1131 Key Street, in the amount of $39,749. Mr. ZIMMERMAN moved the bid of Carl's Nursery be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $39,749, as recommended.

A letter from the Administrator/Safety Director regarding amendment of certain Enterprise Zone and Community Reinvestment Area agreements was read. He stated he recommends the following amendments: CRA agreement #98-001 with the Cleve Company be terminated for lack of job creation; CRA agreement #98-002 for Dana Commercial Credit reflect the new real property owner, GE Capital; and Enterprise Zone Agreement #291-96-01 for Sun Chemical Corporation be amended to reflect the new real property owner, Tolson Enterprises. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize amendment of certain Enterprise Zone and Community Reinvestment Area agreements, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Councilman Buehrer requesting Council consider imposing a moratorium on building permits for retail of 30,000 square feet or larger was read. Mr. Shook stated he believes a 150-day moratorium on retail of 50,000 square feet or larger would be appropriate. He further requested the administration prepare a report regarding legal and economic viability issues of a moratorium. Mr. SHOOK moved the matter be referred to the Administration and be reported back to Council at the March 3, 2003, meeting. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to file the Storm Water Management Plan with the Ohio EPA was read. He stated that, in order to comply with the Phase II Storm Water Regulations, a Management Plan must be submitted by March 10, 2003. He stated he believes that the Plan will meet the requirements of the regulations. Mr. SHOOK moved the Storm Water Management Plan be approved and the necessary legislation be prepared to authorize the filing of the Plan with the Ohio EPA, 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 Poggemeyer Design Group for architectural services for the Maumee Indoor Theater was read. He stated Poggemeyer has proposed an agreement in the amount of $135,000 for architectural/engineering services and assistance with preparation of construction documents and construction administration for the Maumee Indoor Theater renovations. Mr. BRAINARD moved the necessary legislation be prepared to authorize an agreement with Poggemeyer in the amount of $135,000 for architectural/engineering services, 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 to solicit proposals for design services for beautification of Anthony Wayne Trail from Monclova Road to the easterly City limit was read. Mrs. BARLOS moved to approve solicitation of proposals for professional design services for the beautification of Anthony Wayne Trail. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a contract for engineering services for a site survey for the proposed police building was read. He stated work on the new police facility has progressed to where it is necessary to have a site survey. He recommends the proposal of Mannik & Smith Group, Inc., in the amount of $5,800. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Mannik & Smith Group, Inc., in an amount not to exceed $5,800 for a site survey. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated Jim Walter, Great Eastern Theaters, gave a presentation regarding planning for the Maumee Indoor Theater. Mr. Shook also stated an award of the Government Finance Officers Association was presented to the Finance Department in recognition of the 2001 Comprehensive Annual Finance Report.

Mr. Shook reported that the Committee of the Whole met on February 11 to review Community Development capital projects. Mr. SHOOK moved the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried. Mrs. Barlos read the following report from the Code Committee. (Report in full in Minutes Journal.) Mrs. BARLOS moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr read the following report from the Court Committee. (Report in full in Minutes Journal.) Mr. CARR moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. Carr read the following report from the Safety Committee. (Report in full in Minutes Journal.) Mr. Buehrer requested the recommendations of the committee be divided.

Mr. CARR moved to approve the request of the Summer Fair Committee as reported. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved the maximum age of 35 years for original appointment as patrolman in the Police Division be maintained. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; Buehrer (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

Mr. CARR moved to approve a contract with Poggemeyer to develop a concept plan for a Safety Training Facility. Roll call: Barlos, Brainard, Buehrer, Carr, Shook and Zimmerman (6) voting yea; Coyle (1) voting nay. The chair declared the motion carried by a 6-1 vote.

Mr. CARR moved to approve an amendment to the contract with the City of Toledo/Lucas County Health Department expanding the Health Board in order to comply with revisions to the state law. Roll call: Barlos, Brainard, Buehrer, Carr, Shook and Zimmerman (6) voting yea; Coyle (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

Mr. CARR moved to approve the Safety Committee's recommendation that an outside consultant is not needed to study long term staffing and facility needs for the Police and Fire Divisions. Roll call: Barlos, Brainard, Buehrer, Carr, Shook and Zimmerman (6) voting yea; Coyle (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

Dave Westrick, 220 W. Wayne Street; Bill Tucholski, 7359 Coder Road; Bruce Huddleston, 4449 Thackeray Road; and Jane Tomko, 944 Joliet Drive, spoke in favor of a 150-day moratorium on building permits for retail of 50,000 square feet or larger and in support of changes to the zoning code to better control growth.

Legislation was considered at this time.

Mr. SHOOK moved to adjourn to executive session to discuss pending litigation, security arrangements, a personnel matter and the purchase of real estate. Roll call: All members present voting yea, the Chair declared the motion carried.
When Council returned to regular session, Mr. CARR moved to adjourn until 8 p.m., Tuesday, March 3, 2003, carried v.v.