The Council of the City of Maumee, Ohio, met on the above date with all members present: Jenny L. Barlos, Douglas J. Brainard, and Brent A. Buehrer, Richard H. Carr, Michael J. Coyle, Thomas W. Shook and Todd M. Zimmerman (7). Mayor Timothy L. Wagener presiding.

ORDINANCE NO. 1 – 2002 APPROPRIATING FUNDS FOR CURRENT EXPENSES OF THE CITY OF MAUMEE, OHIO, FOR THE FIRST QUARTER OF FISCAL YEAR 2002. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

RESOLUTION NO. 2 – 2002 REQUESTING THE AUDITOR OF LUCAS COUNTY, OHIO, FOR ADVANCE PAYMENTS OF THE 2002 COLLECTION OF TAXES DUE THE CITY OF MAUMEE, OHIO. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 3 – 2002 AUTHORIZING EXECUTION OF CONTRACT WITH PIERCE ELECTRIC RELATIVE TO SCHOOL SPEED LIMIT SIGN ON CONANT STREET IN THE CITY OF MAUMEE, OHIO. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 4 – 2002 AUTHORIZING AGREEMENT WITH LUCAS COUNTY COMMISSIONERS RELATIVE TO PROVISION OF EMERGENCY MEDICAL SERVICES AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 5 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR ANTHONY WAYNE TRAIL REPAIR AND RESURFACING PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote

ORDINANCE NO. 6 – 2002 AUTHORIZING FILING OF GRANT APPLICATION WITH OHIO DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 7 – 2002 AUTHORIZING AGREEMENT WITH SAFETY COUNCIL OF NORTHWEST OHIO AND DELCARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

Oaths of office were administered to Members of Council Buehrer, Carr, Coyle, and Shook by Judge Gary L. Byers.

The Mayor asked for nominations for President of Council. Mr. Zimmerman nominated Mr. Shook. Mr. Brainard nominated Mrs. Barlos. Mr. BUEHRER moved the nominations be closed. Roll call: All members present voting yea, the Chair declared the motion carried. The Mayor asked each Councilman to vote by naming his or her choice for Council President. Roll call: Buehrer, Carr, Shook and Zimmerman (4) voting for Mr. Shook; Barlos, Brainard and Coyle (3) voting for Mrs. Barlos. The Chair declared Mr. Shook elected President of Council.

Mr. SHOOK moved to suspend paragraph 9 or Rule III, Rules of Council, relative to drawing lots for the seating arrangement and to adopt the seating arrangement as members were then seated. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved to suspend reading the minutes of the December 17 and December 28, 2001, meetings and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor designating the following Council Committee assignments for the 2002-2003 term was presented:

Committee Chairman Members

Buildings & Lands Buehrer Carr, Shook Code Barlos Zimmerman, Carr Environment Brainard Barlos, Carr Finance & Economic Dev. Zimmerman Buehrer, Barlos Insurance Buehrer Zimmerman, Brainard Land Use & Zoning Zimmerman Coyle, Shook Municipal Court Carr Zimmerman, Coyle Parks & Recreation Shook Zimmerman, Brainard Public Information Coyle Buehrer, Brainard Public Utilities Brainard Barlos, Coyle Safety Carr Brainard, Shook Streets Barlos Buehrer, Coyle Water & Sewer Coyle Barlos, Carr

Mrs. BARLOS moved the committee assignments be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Harry McAllister, 322 River Road, to the Municipal Planning Commission for a six year term ending December 31, 2007; Barbara Coleman, 1743 Cambridge Park E., to the Administrative Board for a five year term ending December 31, 2006; Nick Skiver, 1129 Shelly, to the Board of Control for a three year term ending December 31, 2004; Douglas Martin, 712 Tappan Street, and Raymond Helminski, 1620 River Road, to the Board of Building Standards and Appeals for five year terms ending December 31, 2006; James Foot, 701 Waite Avenue and Russ McEwen, 600 Corey Street, to the Revolving Loan Fund Committee for three year terms ending December 31, 2004; and Jacky Pauken, 130 ½ W. Dudley Street, to the Uptown Design Review Board for a three year term ending December 31, 2004, was read. Mr. BRAINARD moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Joshua L. Sprow, Stryker, Ohio; Loren Boos, Risingsun, Ohio; and Stephanie Lawrence, Stockbridge, Georgia, as patrolman in the Police Division effective January 28, 2002, January 29, 2002, and February 21, 2002, respectively. Mr. BUEHRER moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Lucas Soil & Water District requesting donation for operations was presented. A letter from the Administrator-Safety Director recommending a donation of $1,000 was read. Mr. ZIMMERMAN moved the city donate $1,000 to the Lucas Soil & Water District, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A notice from the Ohio Division of Liquor Control of transfer of license holder from BP Exploration & Oil, Inc., to BP Products North America, Inc., for permit at 501 W. Dussel Drive 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 Lucas County Commissioners regarding participation in a cooperative venture for a Family Aquatics Center at the Lucas County Recreation Center was read. Mr. Shook stated that a representative of the County could be scheduled to address Council to discuss the project. Mr. CARR moved Mrs. Barlos be allowed to abstain from voting on this matter due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the matter be tabled. Roll call: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; Buehrer (1) voting nay; Barlos (1) abstaining. The Chair declared the motion carried by a 5-1 vote.

A letter from the Service Director requesting authorization of a contract for installation of a school speed limit sign with beacon on Conant Street near Broadway Street was read. He stated the Pierce Electric has proposed a contract in the amount of $4,491 to install the sign. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Pierce Electric in the amount of $4,491, 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 extend the contract with Lucas County Commissioners for EMS Services was read. He stated the proposed renewal is for a five year term with yearly increases being 4% in 2002, 4% in 2003 and an adjustment for years 2004 through 2006 in a percentage with either increases or decreases based on the sales tax revenue for the most recent year in comparison to revenue for the prior year. He further stated under this agreement, Maumee would receive $607,751.43 for 2002. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain from voting on this matter 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 a contract with Lucas County Commissioners for EMS Services, as requested. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Service Director requesting approval of a change order for ODOT’s project improving the Anthony Wayne Trail west of Monclova Road was read. He stated the change order represents a deduction of $40,942.84 in the final contract amount. The City will realize a deduction of twenty percent of $319.79. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a change order for ODOT’s project improving the Anthony Wayne Trail west of Monclova Road, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Deputy Fire Chief requesting permission to apply for and accept a grant through the Ohio Department of Public Safety for computer hardware for EMS reporting was read. Mrs. BARLOS moved the necessary legislation be prepared to authorize application for and acceptance of a grant for computer hardware for EMS reporting, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from James Millon, attorney representing John & Susan Finck, 800 W. Broadway Street, requesting permission to encroach on City right-of-way with a split rail fence was read. A letter from the Commissioner of Public Service on the matter was read. He stated the Department of Public Service does not have any objections with this encroachment of the right-of-way. Carolyn Hrabak, 306 Navajo Place, stated that the three-rail fence is unsightly and that she believes the encroachment is unnecessary. John Finck stated the fence was placed beyond the property line due to a tree being on the property line. Mr. BUEHRER moved to authorize encroachment on the right-of-way subject to the owner executing an Acknowledgement of Encroachment. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor regarding the position of Finance Director/Municipal Clerk was read. He stated Mr. Richard Pfaff will be retiring effective February 28, 2002. He further stated a request for authorization to advertise for and initiate the search for his replacement. Mr. SHOOK moved to authorize advertising for the position of Finance Director/Municipal Clerk, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the president of the Safety Council of Northwest Ohio requesting execution of a service agreement for 2002 was read. He stated the amount for this year is $1,500. Mr. BUEHRER moved the necessary legislation be prepared to authorize a service agreement with the Safety Council of Northwest Ohio in the amount of $1,500, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting renewal of the Volunteer Firefighters’ Accident Insurance Program was read. He stated the cost for 2002 is $3,376. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Volunteer Firefighters’ Accident Insurance Program in the amount of $3,376, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

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Monday, January 22, 2002

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

ORDINANCE NO. 8 – 2002 AUTHORIZING AGREEMENT FOR ACCIDENT INSURANCE COVERAGE FOR VOLUNTEER FIREFIGHTERS OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 9 – 2002 AMENDING AGREEMENT WITH BOARD OF COUNTY COMMISSIONERS OF LUCAS COUNTY RELATIVE TO INCARCERATION OF CITY PRISONERS AT NORTHWEST OHIO’S MULTI-COUNTY MUNICIPAL CORRECTION CENTER AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 10 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR EAST CARISBROOK/INWOOD PLACE SANITARY SEWER PROJECT, REPEALING CERTAIN ORDINANCE, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 11 – 2002 AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF MAUMEE AND LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2001 PROGRAM, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 12 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR HOLLAND ROAD IMPROVEMENT PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 13 – 2002 AUTHORIZING CONTRACTS RELATIVE TO HEALTH AND LIFE INSURANCE COVERAGE FOR EMPLOYEES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 14 – 2002 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND LUCAS COUNTY PUBLIC DEFENDER COMMISSION RELATIVE TO FURNISHING OF COUNSEL FOR INDIGENT DEFENDANTS IN THE MAUMEE MUNICIPAL COURT AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 15 – 2002 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO ENTER INTO A CATEGORICAL EXCLUSION AGREEMENT WITH THE OHIO HISTORIC PRESERVATION OFFICE IN ORDER TO EXPEDITE IMPLEMENTATION OF CERTAIN ELEMENTS DEVELOPMENT BLOCK GRANT (CDBG) DOWNTOWN REVITALIZATION PROGRAM, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 16 – 2002 ACCEPTING DONATION OF CERTAIN ASSET FROM MODERN WOODMEN OF AMERICA. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 17 – 2002 DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT AND AUTHORIZING DISPOSAL. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

A letter from the Clerk of Court requesting approval of a contract addendum to increase the number of beds reserved from six beds to nine beds at Correctional Center of Northwest Ohio (CCNO) was read. She stated the request is due to the increase of individuals who have been ordered to serve their sentence of incarceration at CCNO. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain due to a conflict of interest. Roll call: All members voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract addendum to increase the number of beds at CCNO, as requested. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Shook (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 Tina Beadle, Sylvania, as radio-telephone operator in the Division of Police, effective January 28, 2002, was read. Mr. ZIMMERMAN moved the appointment be confirmed. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from Maumee Uptown Business Association (MUBA) requesting approval to hold the 25th Annual Summer Fair on August 16 & 17, was read. He stated the format will be similar to the 2001 Summer Fair which featured the arts and crafts show on Saturday and the “Taste of Maumee” and “Party in the Parking Lot” on Friday and Saturday nights. Mr. SHOOK moved to approve the Annual Summer Fair dates of August 16 & 17, 2002, as requested and refer planning and coordination to the Administration. Roll call: All members voting yea, the Chair declared the motion carried.

A request from the Commissioner of Public Service for approval of a change order for the E. Carisbrook/Inwood Sewer Project was read. He stated that due to rain in September and October, Foster Excavating indicated they would be unable to complete the first phase line replacement until early January, 2002, which would delay the relining project. Liquiforce Sewer Service proposed to construct that phase for the amount of $17,500 for replacement of a manhole and sanitary mainline, using the manhole provided by Foster Excavating. Mr. BUEHRER moved Ordinance No. 165-2001 authorizing a contract with Foster Excavating be repealed. Roll call: All members voting yea, the Chair declared the motion carried. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Liquiforce Sewer Service in the amount of $17,500, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A request from the Commissioner of Public Service for authorization to enter into a contract with the Lucas County Commissioners for Community Development Block Grant (CDBG) Sub-Recipient grant was read. He stated the CDBG fiscal year 2001 project concerning accessibility improvements for Fairfield Park Restrooms and Walkways is ready to proceed. He further stated the funds were received through Lucas County and in order for the City to disperse the funds the City and the Board of Lucas County Commissioners must enter into a sub-recipient agreement. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain due to a conflict of interest. Roll call: All members voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the necessary legislation be prepared to authorize a sub-recipient agreement with the Board of Lucas County Commissioners for the administration of the CDBG-FY 2001 project and dispersement of the funds. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

A letter from the Service Director requesting approval of change orders for the Holland Road improvement was read. He stated changes in the work performed totaling $42,134.48 were made to adjust for unforeseen circumstances and utility conflicts bringing the total project cost to $777,519.98. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract amendment in the amount of $42,134.48, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Acting Finance Director requesting authorization for contracts for the City’s employee health plan was read. He stated the following are the service and insurance providers that comprise the program: Stateline TPA, Inc., Western Lake Erie Employers Coalition, Enterprise Underwriting Services, Inc., Express Scripts, Inc., American Health Holdings, Inc., Delta Dental Plan of Ohio, Vision Service Plan, Union Central Life Insurance Company, and Plante & Moran LLP. Mrs. BARLOS moved the necessary legislation be prepared to authorize contracts for the City’s employee health plan, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Administrator-Safety Director regarding a letter from the Lucas County Public Defender Commission for renewal of contracts for 2002 was read. He stated under this one year agreement, Maumee would pay $28,000 for services in 2002 and would bill the Villages of Waterville and Whitehouse $2,520 each to defray the City’s expenses. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain due to a conflict of interest. Roll call: All members voting yea, the Chair declared the motion carried. Mr. CARR moved the necessary legislation be prepared to authorize a contract between the Lucas County Public Defender Commission and Maumee. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote. Mr. CARR moved the request to authorize agreements with the Villages of Waterville and Whitehouse be tabled and referred to the Administration to review actual costs and cost allocation. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

A notice from the Department of Liquor Control of a transfer of license from Pepe Bernsteins, Inc., to MYL, Inc., DBA YOKO at 465 W. Dussel Drive was presented. Mr. ZIMMERMAN moved the notice be placed on file. Roll call: All members voting yea, the Chair declared the motion carried.

A request from the Administrator-Safety Director for authorization to enter into a Categorical Exclusion Agreement with the Ohio Historic Preservation Office was read. He stated the purpose of this agreement is to expedite the necessary historical review requirements that come with the federal funds of the Downtown Revitalization Grant. Mr. SHOOK moved Mr. Buehrer be allowed to abstain due to a conflict of interest. Roll call: All members voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the necessary legislation be prepared to authorize a Categorical Exclusion Agreement with the Ohio Historic Preservation Office, as requested. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; Buehrer (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

A letter from the Service Director regarding a donation from Modern Woodman of America for a memorial for veterans who died in the Korean & Viet Nam Wars. He stated money raised through a fundraiser was matched by the company and totals $1,303.44. Mr. BUEHRER moved the necessary legislation be prepared to authorize acceptance of the donation of $1,303.44 for a memorial for veterans who died in the Korean & Viet Nam Wars, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Law Director regarding increases in compensation for members of the Law Department was read. Mr. ZIMMERMAN moved the matter be referred to the Finance Committee. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting certain equipment be declared surplus and that its disposal be approved was read. He stated that the theater seats need to be removed and disposed of prior to renovation of the theater and that the Water Division has accumulated meter bodies that are no longer of use. He further stated the Village of Swanton has offered to buy the meter bodies for $3 per unit. Mr. SHOOK moved the necessary legislation be prepared to declare the theater seats and the meter bodies as surplus and authorize disposal. Roll call: All members voting yea, the Chair declared the motion carried.

Mr. Carr inquired as to the status of the prior review of the Zoning Regulation. The Law Director stated that the review began in 1996 and was extended in 1998 through a contract with Poggemeyer Design Group. She stated that, while much was accomplished, changes in personnel in 2000 ad 2001 prevented the completion of the project. The Administration/Safety Director stated that additional work is needed to further refine the proposals.

Mr. SHOOK moved to take from the table the matter of participation in a cooperative venture with Lucas County for a Family Aquatics Center at the Lucas County Recreation Center, tabled at the January meeting. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote. Mr. SHOOK moved to participate in a cooperative venture with Lucas County for a Family Aquatics Center at the Lucas County Recreation Center with a financial contribution of $2-4,000,000. Roll call: Yeas none; Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting nay; Barlos (1) abstaining. The Chair declared the motion lost by a 0-6 vote. Mr. SHOOK moved the Administration maintain communications and negotiations with Lucas County in regard to the redevelopment of the Lucas County Recreation Center. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

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

Legislation was considered at this time.

Mr. SHOOK moved to adjourn to executive session to discuss a personnel matter. Roll call: All members voting yea, the Chair declared the motion carried.

When Council returned to regular session Mr. SHOOK moved to adjourn to Monday, February 4, 2002, carried v.v.

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Monday, February 4, 2002

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

ORDINANCE NO. 18 – 2002 AMENDING THE MAUMEE REVISED CODE BY ADOPTING CURRENT REPLACEMENT PAGES, REPEALING CERTAIN SECTIONS, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 19 – 2002 AUTHORIZING EXECUTION OF CONTRACT WITH PIERCE ELECTRIC RELATIVE TO CITY-OWNED PROPERTY AT 214 ILLINOIS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

RESOLUTION NO. 20 – 2002 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION TO PARTICIPATE IN THE BUREAU OF JUSTICE ADMINISTRATION BULLETPROOF VEST PARTNERSHIP 2002, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 21 – 2002 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. 22 – 2002 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND CENTAUR-MAIL, INC., RELATIVE TO PROVISION OF BANK COURIER SERVICES TO THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote

ORDINANCE NO. 23 – 2002 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND FIFTH THIRD BANK OF NORTHWESTERN OHIO, N.A. RELATIVE TO USE OF COURIER SERVICES TO THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 24 – 2002 AUTHORIZING AGREEMENT WITH THE OHIO PLAN FOR CERTAIN INSURANCE COVERAGE FOR THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 25 – 2002 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. 26 – 2002 AMENDING SCHEDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE, REPEALING ORDINANCE 177-2001, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 27 – 2002 AMENDING ORDINANCE NO. 191-2001 RELATIVE TO THE COMPENSATION OF CERTAIN 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. 28 – 2002 AUTHORIZING EXECUTION OF A MUTUAL AID AGREEMENT WITH THE SECRETARY OF THE AIR FORCE TO PROVIDE AND RECEIVE FIRE AND HAZARDOUS MATERIALS MUTUAL AID, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 29 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

A letter from the Municipal Code consultant recommending adoption of the 2002 replacement pages to the code and to adopt other changes to comply with current state law was read. Mr. SHOOK moved the necessary legislation be prepared to adopt the 2002 replacement pages to the Code of Ordinances, as recommended. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract to replace the electrical panels at 214 Illinois Avenue was read. He stated Pierce Electric has proposed to do this work for the amount of $2,377.

Mr. BRAINARD moved the necessary legislation be prepared to authorize replacement of the electrical panels at 214 Illinois Avenue, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting permission to apply for and accept a grant for bulletproof vests was read. He stated the Police Division needs to purchase seven vests at a cost of $4,067. The Bulletproof Vest Partnership Grant would reimburse up to 50% of the cost or $2,033.50. Mrs. BARLOS moved the necessary legislation be prepared to authorize application for and acceptance of a grant for bulletproof vests, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service tabulating the bids received for 2002 Tree Planting was read. He stated four bids were received with Carl’s Nursery, in the amount of $33,141, being the lowest and best.

Mr. BUEHRER moved the bid of Carl’s Nursery, Maumee, be declared the lowest and best and the necessary legislation be prepared to authorize a contract, as recommended. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Acting Finance Director requesting authorization for an agreement for bank courier service was read. He stated the charge for this service is approximately $8.00 per day. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Centaur-mail, Inc., and Fifth Third Bank for bank courier service, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Acting Finance Director requesting authorization for renewal of property and liability insurance program was read. He stated the renewal of property and liability insurance program has been received from The Ohio Plan with a premium of $142,375, a decrease of $1,556 from last year’s program. Uninsured/Underinsured motorist coverage is excluded as an option. The Ohio Plan is offering this coverage with a $50,000 limit at a total cost of approximately $5,525. Mr. SHOOK moved the necessary legislation be prepared to authorize renewal of property and liability insurance program including uninsured/underinsured motorist coverage with The Ohio Plan, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a maintenance contract for medical cots was read. He stated the proposed contract is with Equipment Management Service and Repair, Inc., Galloway, Ohio, in the amount of $450. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Equipment Management Service and Repair, Inc., for medical cots, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Mayor for approval of Brian Gugger as basketball supervisor for the 4th and 5th grade basketball program was read. Mr. BUEHRER moved the appointment be confirmed and the necessary legislation be prepared to create the position of basketball supervisor for the 4th and 5th grade basketball program. Roll call: All members voting yea, the Chair declared the motion carried.

A notice from the Ohio Division of Liquor Control of a transfer of license at 2548 & 2550 Parkway Plaza from Gerding Patterson Enterprises LTD LLC to G.L. Sanz, Inc. was presented. The Police Chief stated he has no objection to the application. Mr. ZIMMERMAN moved the notice be placed on file. Roll call: All members voting yea, the Chair declared the motion carried.

An application of Northwest Ohio Mall LLC for permit for a Shopping Center of Integrated Design north of U.S. 24 at Jerome Road was presented. A letter from the Building & Zoning Inspector was read into the record. He stated the application was reviewed and that all required elements are included. He also stated the site plan is submitted as a single building on the property; and, if anchor stores were to be sold separately, certain waivers would be required. Mr. Carr stated his concern that the financial soundness of the applicant, Northwest Ohio Mall LLC, was unknown. The Building & Zoning Inspector stated a letter was included stating the applicant is a wholly owned subsidiary of General Growth Properties, Inc.

Mr. CARR moved the application be tabled to the next meeting. Roll call: Carr (1) voting yea; Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting nay. The Chair declared the motion lost by a 1-6 vote. Mrs. BARLOS moved the application be referred to the Municipal Planning Commission. Roll call: Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; Carr (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

Annual reports from the Division of Inspection and the Division of Fire were presented. Mr. SHOOK moved the reports be placed on file. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a donation to Maumee Athletic Boosters for weight room equipment for was read. He stated the Maumee Athletic Boosters are in the process of improving the weight room at the high school. The weight room is used in the City summer recreation program and he recommends a donation of $2,420 to purchase two power rack assemblies not including weights. Mr. BUEHRER moved Mr. Shook be allowed to abstain due to a conflict of interest. Roll call: All members voting yea, the Chair declared the motion carried. Mr. BUEHRER moved to authorize a donation of $2,420 to the Maumee Athletic Boosters for weight room equipment, as requested. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Zimmerman (6) voting yea; nays none; Shook (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Fire Chief requesting authorization for a mutual aid agreement with the Ohio Air National Guard was read. He stated this is for fire protection and hazardous materials incident response and that costs incurred in an extended response are reimbursable. Mr. BRAINARD moved the necessary legislation be prepared to authorize a mutual aid agreement with the Ohio Air National Guard, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

Mr. SHOOK moved collective bargaining be added to the executive session. Roll call: All members voting yea, the Chair declared the motion carried.

Prior to tonight’s regular meeting, the Committee of the Whole heard a presentation by Mark Fredericks of Poggemeyer Design Group relative to the Fair Housing Act, the Fair Housing Center and the complaint process.

Legislation was considered at this time.

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

When Council returned to regular session Mr. SHOOK moved to adjourn to Monday, February 18, 2002, carried v.v.

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Monday, February 18, 2002

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

ORDINANCE NO. 30 – 2002 VACATING CERTAIN PORTION OF DUANE STREET IN THE CITY OF MAUMEE, LUCAS COUNTY, OHIO. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 31 – 2002 AUTHORIZING CONTRACT WITH POGGEMEYER DESIGN GROUP, INC., RELATIVE TO ADMINISTRATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 32 – 2002 AUTHORIZING AGREEMENT WITH BEILHARZ ARCHITECTS, INC., RELATIVE TO FAIRFIELD PARK IMPROVEMENTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 33 – 2002 AUTHORIZING AGREEMENT WITH M&W EXCAVATING CO. RELATIVE TO SANITARY SEWER CROSSOVER SERVICES IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 34 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDERS FOR CONANT STREET/ANTHONY WAYNE TRAIL SIGNALIZATION PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote

ORDINANCE NO. 35 – 2002 AUTHORIZING CONTRACT RELATIVE TO RENDERING TEACHING AND ADMINISTRATIVE SERVICES IN THE CITY OF MAUMEE. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 36 – 2002 AUTHORIZING CONTRACT RELATIVE TO RENDERING TEACHING SERVICES IN THE CITY OF MAUMEE. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 37 – 2002 ACCEPTING BID FOR THE IMPROVEMENT OF JOHN STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 38 – 2002 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH OHIO DEPARTMENT OF SAFETY RELATIVE TO TRAINING GRANT, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 39 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

A letter from the Administrator-Safety Director requesting authorization of a contract with Poggemeyer Design Group for Community Development Block Grant administration services was read. He stated in order to participate in the various programs available through the CDBG program, the City solicited Requests for Qualifications, as required by the Office of Local Government Services of the Ohio Department of Development, for all technical assistance and professional services needed for CDBG programs in FY’01, FY’02 and FY’03. Poggemeyer Design Group was the only respondent. He stated Poggemeyer proposed a contract for FY’01 in the amount not to exceed $24,600. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Poggemeyer Design Group for CDBG administration services, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a contract for architectural services for Fairfield Park ADA improvements was read. He stated the source of funds is a Community Development Block Grant through the County. Part of the requirements are for the City to provide a set of biddable specifications. Proposals were sought from 3 consultants to provide design services. He stated he recommends the proposal of Beilharz Architects, Inc. in the amount of $3,300 to provide professional design services and limited construction administration for the restroom improvements. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Beilharz Architects, Inc. in the amount of $3,300, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for construction of a sanitary sewer crossover to provide sewer service to 926 River Road was read. He stated M&W Excavating has proposed a contract in the amount of $9,500 to install the service across River Road. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with M&W Excavating Co. in the amount of $9,500, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Service requesting approval of change orders for ODOT’s Conant Street/Anthony Wayne Trail Signalization project was read. He stated the majority of the change order costs will be covered by federal highway funds, however, costs associated rewiring and modification of the pedestrian signals associated with the decorative signal poles in the amount of $7,816.44 will be the responsibility of the City. Mrs. BARLOS moved the necessary legislation be prepared to authorize Change Order Numbers 7, 8, 9, 10, 11, 13 and 14, for a total for the City of $7,816.44, as requested. All members voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of contracts for Safety City teachers was read. He stated the total cost of two teacher contracts for 2002 is $4,676. Mr. BRAINARD moved the necessary legislation be prepared to authorize contracts for Safety City teachers, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

A notice from the Ohio Division of Liquor Control of an application of Prim Inc. DBA El Salto Mexican Restaurant for a new permit at 219 Golden Gate was presented. Mr. SHOOK moved the notice be placed on file. Roll call: All members voting yea, the Chair declared the motion carried.

A tabulation of bids from the Service Director for the John Street Reconstruction project was read. He stated that four bids were received and he recommends lowest bid of S.E. Johnson Companies in the amount of $867,558.84 plus $58,687.28 for the asphalt imprinting on the 100 blocks of John Street. Mrs. BARLOS moved the bid of S.E. Johnson Companies be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $927,246.12, as recommended. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting a change to the zoning regulations for sexually oriented businesses be referred to the Municipal Planning Commission was read. Mr. BUEHRER moved to change the proposed amendment to the zoning regulations to include DVD’s in Chapter 1103.1, Sections a, b, c & d; to change the minimum distance from 500 feet to 1500 feet in Chapter 1127.12(b)(3)(a); and to include R-1, R-2, and R-3 districts in Chapter 1127.12(b)(3)(a). Roll call: All members voting yea, the Chair declared the motion carried. Mr. BUEHRER moved to refer to the Planning Commission the amended proposal regarding sexually oriented businesses. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authority to apply for an EMS grant was read. He stated the grant through the Ohio Department of Public Safety would cover the cost of training for the OFE Program and EMT Refresher Course. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize application and acceptance of an EMS grant. Roll call: All members voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Barbara Coleman as Chairman of the Administrative Board was read. Mr. SHOOK moved the appointment be confirmed. Roll call: All members voting yea, the Chair declared the motion carried.

Mr. SHOOK moved a letter from the Parks & Recreation Advisory Committee be added to the agenda. Roll call: All members voting yea, the Chair declared the motion carried. A letter from the Parks & Recreation Advisory Committee requesting a donation of $2,500 for Maumee Girls Softball and $2,500 for Maumee Little League was read. Mr. SHOOK moved the necessary legislation be prepared to authorize donation of $2,500 to Maumee Girls Softball and $2,500 to Maumee Little League, as requested. Roll call: All members voting yea, the Chair declared the motion carried.

Mr. Zimmerman read the following report from the Land Use, Planning & Zoning Committee. (Report in full in Minutes Journal.) Mr. ZIMMERMAN moved the report be accepted in its entirety. Roll call: All members voting yea, the Chair declared the motion carried.

Mr. CARR moved a letter from Mr. Joseph Ballmer be read into the record. Roll call: All members voting yea, the Chair declared the motion carried. A letter from Mr. Ballmer withdrawing the request to remove access easements at 2500 River Road was read.

Legislation was considered at this time.

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

When Council returned to regular session Mr. SHOOK moved to adjourn to Monday, March 4, 2002, carried v.v.