8 p.m. Monday,
July 7, 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. Mayor Wagener presiding.
Mr. SHOOK moved to suspend reading the minutes of the
June 16, 2003 meeting and to approve the Minutes Journal. Roll
call: All members
present voting yea, the Chair declared the motion carried.
RESOLUTION
NO. 125 – 2003
APPOINTING AN
ASSESSMENT EQUALIZATION BOARD TO HEAR OBJECTIONS TO THE
IMPROVEMENT OF EAST WILLIAM STREET BETWEEN CERTAIN POINTS IN
THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING A STORM SEWER AND
APPURTENANCES, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. COYLE.
Passed by 7-0 vote.
ORDINANCE
NO. 126 –
2003
AUTHORIZING
PURCHASE OF SPORT UTILITY VEHICLE FOR THE DIVISION OF FIRE OF
THE DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
ORDINANCE
NO. 127 –
2003 AUTHORIZING CONTRACT WITH TOLTEST, INC., RELATIVE TO SOIL
TESTING AT ROLF PARK IN THE CITY OF MAUMEE, AND DECLARING AN
EMERGENCY. Motion
to pass by Mrs. BARLOS. Passed
by 7-0 vote.
ORDINANCE
NO. 128 -
2003
AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT
PROGRAM GRANT TO BAYER, PAPAY & STEINER, L.P.A., AND
DECLARING AN EMERGENCY. Motion
to pass by Mr. SHOOK. Passed
by 7-0 vote.
RESOLUTION
NO. 129 - 2003
AMENDING RESOLUTIONS 17-2003, 35-1997 AND 72-1996
ESTABLISHING AND DESCRIBING THE BOUNDARIES OF THE COMMUNITY
REINVESTMENT AREA #1 IN THE CITY OF MAUMEE, REPEALING CERTAIN
SECTIONS, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BUEHRER.
Passed by 7-0 vote.
ORDINANCE
NO. 130 -
2003
APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR
DUSSEL DRIVE RESURFACING PROGRAM, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. ZIMMERMAN.
Passed by 7-0 vote.
ORDINANCE
NO. 131 –
2003 ACCEPTING BID FOR GENERAL CONTRACTOR FOR IMPROVEMENTS TO
THE MAUMEE INDOOR THEATER, AUTHORIZING CONTRACT, AND DECLARING
AN EMERGENCY. Motion
to pass by Mr. CARR. Passed
by 7-0 vote.
ORDINANCE
NO. 132 –
2003 ACCEPTING BID FOR PLUMBING IMPROVEMENTS FOR THE MAUMEE
INDOOR THEATER, AUTHORIZING CONTRACT, AND DECLARING AN
EMERGENCY. Motion
to pass by Mr. COYLE. Passed
by 7-0 vote.
ORDINANCE
NO. 133 –
2003
ACCEPTING BID FOR
FIRE PROTECTION IMPROVEMENTS TO THE MAUMEE INDOOR THEATER,
AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
ORDINANCE
NO. 134 –
2003
ACCEPTING BID FOR
HEATING, COOLING, AND VENTILATING IMPROVEMENTS TO THE MAUMEE
INDOOR THEATER, AUTHORIZING CONTRACT, AND DECLARING AN
EMERGENCY. Motion
to pass by Mrs. BARLOS. Passed
by 7-0 vote.
ORDINANCE
NO. 135 -
2003
ACCEPTING BID FOR ELECTRICAL IMPROVEMENTS TO THE MAUMEE
INDOOR THEATER, AUTHORIZING CONTRACT, AND DECLARING AN
EMERGENCY. Motion
to pass by Mr. SHOOK. Passed
by 7-0 vote.
ORDINANCE
NO. 136 -
2003
AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP
RELATIVE TO CONSULTING SERVICES FOR THE DUSSEL DRIVE/SALISBURY
ROAD INTERCHANGE PROJECT IN THE CITY OF MAUMEE, OHIO, AND
DECLARING AN EMERGENCY. Motion
to pass by Mr. BUEHRER. Passed
by 7-0 vote.
RESOLUTION
NO. 137 - 2003
AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN
APPLICATION WITH THE ATTORNEY GENERAL OF THE STATE OF OHIO TO
PARTICIPATE IN THE DRUG ABUSE RESISTANCE EDUCATION GRANTS
PROGRAM, AND AUTHORIZING ACCEPTANCE OF GRANT. Motion to pass by Mr. ZIMMERMAN.
Passed by 7-0 vote.
ORDINANCE
NO. 138 -
2003
AUTHORIZING EXECUTION OF CONTRACT WITH SOUND
COMMUNICATIONS RELATIVE TO INSTALLATION OF CERTAIN RADIO AND
TELEPHONE RECORDING EQUIPMENT IN THE DISPATCH CENTER OF THE
CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. CARR.
Passed by 7-0 vote.
ORDINANCE
NO. 139 -
2003
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
MAUMEE AND VILLAGE OF WATERVILLE RELATIVE TO FURNISHING OF
COUNSEL FOR INDIGENT DEFENDANTS IN THE MAUMEE MUNICIPAL COURT,
AND DECLARING AN EMERGENCY.
Motion to pass by Mr. COYLE.
Passed by 7-0 vote.
ORDINANCE
NO. 140 -
2003
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF
MAUMEE AND VILLAGE OF WHITEHOUSE RELATIVE TO FURNISHING OF
COUNSEL FOR INDIGENT DEFENDANTS IN THE MAUMEE MUNICIPAL COURT,
AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
ORDINANCE
NO. 141 -
2003
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. SHOOK. Passed by 6-0 vote.
Barlos (1) abstaining.
ORDINANCE
NO. 142 -
2003
ACCEPTING BID FOR UNIFORM SERVICE FOR EMPLOYEES OF THE
DEPARTMENT OF PUBLIC SERVICE, AUTHORIZING CONTRACT, AND
DECLARING AN EMERGENCY. Motion
to pass by Mrs. BARLOS. Passed
by 7-0 vote.
ORDINANCE
NO. 143 -
2003
APPROPRIATING AND TRANSFERRING FUNDS AND MAKING AN
ADVANCE FOR VARIOUS EXPENDITURES. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.
The Mayor opened the public hearing on a Joint Economic
Development Zone and Development Plan for an area of Monclova
Township between the City of Maumee, the City of Toledo and
Monclova Township. No
one spoke in favor of or in opposition to the proposal.
Mr. SHOOK moved the public hearing be continued to July
21, 2003, at 8:00 p.m. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Municipal Clerk requesting the
appointment of an Assessment Equalization Board for East
William Street Sanitary Sewer Improvement was read.
He stated that one objection has been received and an
Assessment Equalization Board must be appointed to hear the
objection and report its findings to Council.
He further stated that the following people have agreed
to serve on the board: Russell McEwen, 600 Corey Street; Richard Pfaff, 520 West
John Street; and James Woodward, 1241 Holgate Avenue. Mr. CARR moved to approve the appointment of an Assessment
Equalization Board and to hear objections to the proposed
sanitary sewer improvement.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Fire Chief requesting permission to
purchase an additional vehicle for the Ambulance Bureau
through the State Purchasing Program was read.
He stated that the program price from Springfield Ford
Inc., is in the amount of $26,861.48 for a 2003 Ford Explorer
XLS and that the item was approved in the Capital Budget.
Mr. SHOOK moved the necessary legislation be prepared
to authorize the purchase of a sport utility vehicle through
the State Purchasing Program in the amount of $26,861.48, as
requested. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from Dan DiSalle, Jr., requesting permission to
allow an encroachment at 1905 River Road (former Koral
Hamburg) for construction of an ADA compliant ramp at the
front entrance. He
stated that the existing building sits on the River Road
right-of-way, and any change to the entrance will be in the
right-of-way. The
Service Director stated that, since there are no city-owned
utilities in the proposed encroachment area, no provisions are
needed for utilities. Mrs.
BARLOS moved to approve a waiver to the Maumee City Zoning
Ordinance allowing an encroachment at 1905 River Road subject
to the approval of administration and the execution of the
City's standard Acknowledgement of Terms and Conditions of
Encroachment Upon Public Right-of-Way.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Fire Chief requesting permission to
advertise for bids for the purchase of Stortz adapters for
1,054 water hydrants was read. He stated that the item was
approved in the Capital Budget.
Mr. BRAINARD moved to approve advertising for bids for
the purchase of Stortz Adapters, as requested.
Roll call: All
members voting yea, the Chair declared the motion carried.
A letter from the Mayor appointing Edward Ronau, 1705
Ashfield Drive, as a 2003 summer seasonal laborer was read.
Mr. SHOOK moved the appointment be confirmed.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Mayor appointing Walter VanDromme, 201
East John Street, as the Chief of the Bureau of Firefighting
effective July 14, 2003, was read.
Mrs. BARLOS moved the appointment be confirmed.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from Kathy Karnes, 627 West William Street,
requesting permission to encroach on City right-of-way by
constructing a front porch was read.
The Service Director stated this will not interfere
with existing or planned utilities.
Mr. SHOOK moved to approve an encroachment at 627 West
William Street subject to execution of the City's standard
Acknowledgement of Terms and Conditions of Encroachment Upon
Public Right-of-Way. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Commissioner of Public Service
requesting authorization of a contract for soil testing for
the Rolf Park Swimming Pool was read.
He stated that representatives from SSOE in conjunction
with the Service Department evaluated proposals from two
consultants and recommend approval of an agreement with
Toltest, Inc. in the amount of $3,410.00.
Mr. COYLE moved the necessary legislation be prepared
to authorize an agreement with Toltest, Inc., in an amount not
to exceed $3,410.00, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Prosecutor requesting legislation to
lower the legal limit for alcohol for DUI offenses to conform
to new state legislation was read.
He stated that legislation is needed to change the
City's Code of Ordinances to conform to lower limits recently
passed by the state legislature.
Mrs. BARLOS moved the necessary legislation be prepared
to amend the City's Code of Ordinances, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Service Director requesting a
conditional use permit to allow construction of a swimming
pool at Rolf Park was read.
He stated the Zoning Code provides that a public
swimming pool in an R-1 district may be permitted as a
conditional use. Mr.
SHOOK moved to refer the matter to the Municipal Planning
Commission. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from Fritz Kunz, ARCO, Inc., requesting a waiver
of street tree requirements at 1625 Lance Pointe Drive was
read. He stated
that, while installing landscaping according to the approved
landscape plan, one tree was not planted due to the close
proximity of the neighbor's trees.
Mr. ZIMMERMAN moved that the item be tabled to the next
regular meeting to allow further review.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Administrator/Safety Director
recommending approval of a Job Creation & Retention Grant
to Bayer, Papay, & Steiner Co., LPA, relocating from
Toledo was read. He
recommends a grant in the amount of up to $5,100.00 payable
over the next three years.
Mr. BUEHRER moved the necessary legislation be prepared
to authorize a Job Creation & Retention Grant to Bayer,
Papay, & Steiner Co., LPA, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Administrator/Safety Director
requesting passage of legislation to amend the Community
Reinvestment Area Number One by expanding the area.
He said the expansion
includes commercial and industrial properties along
Conant Street and Reynolds Road and allows the City to offer
tax incentives to encourage reinvestment and promote
redevelopment in this area.
He further stated that the school notification
requirements have been fulfilled.
Mr. SHOOK moved the necessary legislation be prepared
to amend the Community Reinvestment Area #1, 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 of a contract amendment for changes to
Dussel Drive Resurfacing project was read.
He stated that, as a result of final quantity
adjustments, it is necessary to increase the contract in the
amount of $2,741.25 bringing the final cost of the project to
$177,196.75. Mr.
BRAINARD moved the necessary legislation be prepared to
execute a change order in the amount of $2,741.25 for the
Dussel Drive Resurfacing project, as requested.
Roll call: All members present voting yea, the Chair declared the motion
carried.
A request from Bill Anderson, 322 Conant Street, for
permission to encroach on the East Dudley Street right-of-way
by erecting a railing on the step at the side entrance to
Dale's Bar & Grill was read.
The Service Director stated that the step is in the
right-of-way and that he has no objection to the proposed
railing.
Mr. ZIMMERMAN moved to approve an encroachment at 322
Conant Street subject to execution of the City's standard
Acknowledgement of Terms and Conditions of Encroachment Upon
Public Right-of-Way, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A tabulation of bids for the reconstruction of and
additions to the Maumee Indoor Theater was presented by the
Commissioner of Community Development.
He stated that bids were opened on July 1, 2003 and
reviewed by Poggemeyer Design Group.
Scott Heacock, of Poggemeyer Design Group, stated that
the total combined construction cost for the project is
$2,991,800.00 and recommends the City hold a 5% contingency
for a total of $3,141,390.00.
Mr. Carr asked if the bid of a local contractor which
is $1,100 (or only five one-hundredths of a per cent) higher
than the bid of an out-of-town contractor could be considered
the lowest and best. The
Law Director stated such criteria must be set forth in the bid
documents in order to be applied and that had not been done.
Mr. BUEHRER moved the following bids be declared the
lowest and best and the necessary legislation be prepared to
authorize contracts with Mosser Construction, Inc., as general
contractor, in the amount of $2,119,300.00; with Dunbar
Mechanical, Inc., for plumbing improvements, in the amount of
$129,800.00; with Accel Fire Systems, for fire protection
improvements, in the amount of $39,900.00; with Warner
Mechanical Corporation, for heating, ventilation and cooling
improvements, in the amount of $332,800.00; and with Colgan-Davis,
Inc., for electrical improvements, in the amount of
$370,000.00 and to authorize Administration to execute change
orders up to $5,000, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Commissioner of Public Service
requesting that a policy be established regarding the
maintenance of unimproved streets was read.
He said that drainage issues should be addressed
because of the impact on surface treatments.
Mrs. BARLOS moved to refer the matter of unimproved
street maintenance to the Streets Committee.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from Alltel Communications requesting to be
assigned the rights and obligations of a Special Use Permit
allowing radio antennae on the water tower at Parkway Plaza
was read. Mike
Pitchure, agent for Alltel Communications, stated that Alltel
wishes to assume the existing Nextel lease of the premises and
all associated commitments. He stated the antennae will be replaced with slightly smaller
units and that the landscaping will be refreshed. Mr. Shook requested administration to report by August 18,
2003, indicating if Alltel has met associated conditions as
originally set forth for Nextel Communications in Ordinance
#213-2001.
Mr. SHOOK moved to approve assignment of Special Use
Permit terms and conditions to Alltel Communications subject
to painting the antennas and improving the landscaping.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Service Director requesting
authorization of a contract for engineering services to assist
in updating the Interchange Modification Study for the
I475/US23-Dussel/Salisbury Interchange was read.
He stated that a proposal has been received from the
Mannik and Smith Group, in the amount of $39,571.00, to update
the study and to assist in the preparation of the TRAC funding
application. He
further stated that this expense will be reimbursed as part of
the Joint Agreement between the County, Port Authority and the
City.
Mrs. BARLOS moved that the necessary legislation be
prepared to authorize an agreement with Mannik and Smith
Group, in an amount not to exceed $39,571.00, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Commissioner of Community Development
requesting a public hearing be set for an Ohio Department of
Development Small Cities Community Development Block Grant
project. He stated these hearings are designed to enlighten citizens
with a general overview of the CDBG programs including
eligible activities, program requirements and available
funding. Mr.
ZIMMERMAN moved to set a public hearing for the Ohio
Department of Development Small Cities Community Development
Block Grant project for July 21, 2003, at 8:00 p.m., as
requested. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Police Chief requesting authorization
to apply for a D.A.R.E. grant was read.
He stated that this is an annual grant program and the
Police Division was awarded $11,085.00 in 2002.
Mr. CARR moved that the necessary legislation be
prepared to authorize administration to make application to
the Attorney General of the State of Ohio to participate in
the Drug Awareness Resistance and Education Grant Program, as
requested. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Police Chief requesting approval of a
contract for the purchase of a voice recording system was
read. He stated
that this item was authorized for bidding in the Capital
Budget and recommends the purchase of equipment offered by
Sound Communications of Grove City, Ohio in the amount of
$19,983.29 which is below the legal bid threshold.
Mr. BRAINARD moved that the necessary legislation be
prepared to enter into an agreement with Sound Communications,
in the amount of $19,983.29, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Administrator/Safety Director
requesting authorization of contracts with the Villages of
Waterville and Whitehouse and Lucas County for Public Defender
services was read. He
stated that the amount being charged to the City remains at
$28,000 annually and the amounts for the villages remains at
$2,520 each. Mr.
ZIMMERMAN 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. ZIMMERMAN moved the necessary legislation be prepared
to enter into agreements with the Village of Waterville, the
Village of Whitehouse, and Lucas County for Public Defender
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 Service Director requesting
authorization of a contract for the provision and maintenance
of uniforms for Service Department employees was read.
He said that two bids were received and recommended a
two-year contract be awarded to Arrow Uniform in an amount not
to exceed $20,000 in each year of the contract.
Mr. BUEHRER moved the bid of Arrow Uniform be declared
the lowest and best and the necessary legislation be prepared
to authorize a two-year contract with Arrow Uniform, in an
amount not to exceed $20,000 per year, as recommended. Roll call: All
members present voting yea, the Chair declared the motion
carried.
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. SHOOK gave a verbal report of the Committee of the
Whole which met just prior to this meeting.
He stated that Richard Chamberlain of Bayer, Papay,
& Steiner, Co., spoke regarding his firm's relocation to
1925 Indian Wood Circle from Toledo and its Job Creation &
Retention Grant application.
He further stated that Scott Heacock from the
Poggemeyer Design Group and the Commissioner of Community
Development discussed the bidding process and determination of
low bidders for the reconstruction and expansion of the Maumee
Indoor Theater. Mr.
Shook also stated that discussion was held regarding the
location of the Maumee Community Pool and concerns about
parking, safety and current Rolf Park activities.
Mr. SHOOK moved the report be approved.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
Mr. CARR moved to refer the issue of providing preference
to local companies in the evaluation of bids and proposals for
providing services to the City to the Law Department. Roll call: All
members present voting yea, the Chair declared the motion
carried.
Legislation was considered at this time.
Mr. SHOOK moved to go into 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. SHOOK moved
that legislation be prepared to authorize notice of intent to
exercise the power of eminent domain for properties commonly
known as 118 and 124 East John Street, and 413 Gibbs Street.
Roll call: Barlos,
Brainard, Buehrer, Carr, Coyle and Shook (6) voting yea;
Zimmerman (1) voting nay.
The Chair declared the motion carried by a 6-1 vote.
*********************************
8 p.m. Monday, July
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, Coyle, Shook and Zimmerman
(6); Carr (1) absent. Mayor Wagener presiding.
Mr. SHOOK moved to suspend reading the minutes of the
July 7, 2003 meeting and to approve the Minutes Journal. Roll
call: All members
present voting yea, the Chair declared the motion carried.
RESOLUTION
NO. 144 – 2003 RESOLUTION OF NECESSITY AND INTENT TO APPROPRIATE CERTAIN
REAL PROPERTY LOCATED AT 122 EAST JOHN STREET, MAUMEE, LUCAS
COUNTY, OHIO. Motion
to pass by Mr. COYLE. Passed
by 5-1 vote. Zimmerman
(1) voting nay.
RESOLUTION
NO. 145 – 2003 RESOLUTION OF NECESSITY AND INTENT TO APPROPRIATE CERTAIN
REAL PROPERTY LOCATED AT 413 GIBBS STREET, MAUMEE, LUCAS
COUNTY, OHIO. Motion
to pass by Mr. BRAINARD.
Passed by 6-0 vote.
Mr. SHOOK moved to reconsider Ord. 145-2003.
Roll call: All
members present voting yea, the Chair declared the motion
carried. Motion
to pass by Mr. SHOOK. Passed
by 5-1 vote. Zimmerman
(1) voting nay.
RESOLUTION
NO. 146 – 2003
RESOLUTION OF
NECESSITY AND INTENT TO APPROPRIATE CERTAIN REAL PROPERTY
LOCATED AT 118 EAST JOHN STREET, MAUMEE, LUCAS COUNTY, OHIO.
Motion to pass by Mrs. BARLOS.
Passed by 5-1 vote.
ORDINANCE
NO. 147 –
2003
AUTHORIZING
CONTRACT WITH POGGEMEYER DESIGN GROUP, INC., FOR SERVICES
RELATIVE TO PREPARATION OF COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM APPLICATION FOR THE CITY OF MAUMEE, AND DECLARING AN
EMERGENCY. Motion
to pass by Mr. SHOOK.
Passed by 6-0 vote.
Mr. SHOOK moved to reconsider Ord. 147-2003.
Roll call: All
members present voting yea, the Chair declared the motion
carried. Motion
to pass by Mr. SHOOK. Passed
by 5-0 vote. Buehrer
(1) abstaining.
ORDINANCE
NO. 148 –
2003
GRANTING
CONDITIONAL USE PERMIT TO CITY OF MAUMEE FOR COMMUNITY
SWIMMING POOL AT ROLF PARK, 2029 CASS ROAD, MAUMEE, OHIO, AND
DECLARING AN EMERGENCY. Motion
to pass by Mr. BUEHRER.
Passed by 6-0 vote.
RESOLUTION
NO. 149 – 2003
APPROVING REPORT
OF ASSESSMENT EQUALIZATION BOARD ON OBJECTIONS CONCERNING THE
ESTIMATED ASSESSMENTS RELATIVE TO THE IMPROVEMENT OF EAST
WILLIAM STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE,
OHIO, BY CONSTRUCTING A SANITARY SEWER WITH THE NECESSARY
APPURTENANCES THERETO AND DECLARING AN EMERGENCY.
Motion to pass by Mr. ZIMMERMAN.
Passed by 6-0 vote.
ORDINANCE
NO. 150 –
2003
AUTHORIZING
AGREEMENT WITH DOUG BURKHART EXCAVATING, INC., RELATIVE TO
ROUTINE DITCH MAINTENANCE SERVICES FOR THE CITY OF MAUMEE,
OHIO, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. COYLE.
Passed by 6-0 vote.
ORDINANCE
NO. 151 –
2003
AUTHORIZING
EMPLOYMENT OF PROUDFOOT ASSOCIATES, ENGINEERS, RELATIVE TO
ENGINEERING, SURVEYING, AND DESIGN SERVICES FOR THE ANTHONY
WAYNE TRAIL ENHANCEMENT PROGRAM IN THE CITY OF MAUMEE, OHIO,
AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD.
Passed by 6-0 vote.
ORDINANCE
NO. 152 –
2003
ACCEPTING BID FOR
IMPROVEMENTS TO THE EAST WILLIAM STREET PARKING LOT,
AUTHORIZING CONTRACT, AND DECLARING AN EMERGENCY.
Motion to pass by Mrs. BARLOS.
Passed by 6-0 vote.
ORDINANCE
NO. 153 –
2003
AUTHORIZING
AGREEMENT WITH HOLT POWER SYSTEMS RELATIVE TO PROVISION OF
MAINTENANCE SERVICES FOR STANDBY GENERATORS IN THE CITY OF
MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK.
Passed by 6-0 vote.
ORDINANCE
NO. 154 –
2003
AUTHORIZING
AGREEMENT WITH MLM ENTERPRISES RELATIVE TO PAINTING SERVICES
AT THE MUNICIPAL COMPLEX AT 400 CONANT STREET IN THE CITY OF
MAUMEE, OHIO, REPEALING ORDINANCE NO. 118-2003, AND DECLARING
AN EMERGENCY. Motion
to pass by Mr. BUEHRER. Passed
by 6-0 vote.
ORDINANCE
NO. 155 –
2003
APPROPRIATING AND
TRANSFERRING FUNDS AND MAKING AN ADVANCE FOR VARIOUS
EXPENDITURES. Motion
to pass by Mr. ZIMMERMAN.
Passed by 6-0 vote.
The Mayor opened the continuation of the public hearing
on a Joint Economic Development Zone and Development Plan for
an area of Monclova Township with the City of Maumee, the City
of Toledo and Monclova Township.
The Law Director stated Monclova Township officials
have initiated discussions regarding the proposal.
Mr. ZIMMERMAN moved the public hearing be continued to
August 4, 2003, at 8:00 p.m.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
The Mayor opened the public hearing on a Department of
Development Small Cities Community Development Block Grant (CDBG)
program. Linda
Hall, Poggemeyer Design Group and the City's economic
development consultant, spoke regarding the CDBG Downtown
Revitalization program. She
stated a meeting was held prior to tonight's Council meeting
with the owners of buildings and businesses within the
downtown area to explain the program that may be available for
2004. She
described the programs the City benefits from and the Downtown
Revitalization program for which the City is eligible.
Mr. SHOOK moved the public hearing be closed. Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Commissioner of Community Development
requesting authorization of a contract for CDB grant
application preparation services was read.
He stated Poggemeyer Design Group has proposed a
contract in the amount of $10,000 to prepare the application
for phase two CDBG Downtown Revitalization Program.
Mr. SHOOK moved Mr. Buehrer 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.
ZIMMERMAN moved the necessary legislation be prepared to
authorize a contract with Poggemeyer Design Group in the
amount of $10,000, as requested.
Roll call: Barlos,
Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays
none; Buehrer (1) abstaining.
The Chair declared the motion carried by a 5-0 vote.
A letter from the Municipal Planning Commission
recommending approval of the City's application for a
conditional use permit to allow construction of a swimming
pool at Rolf Park was read.
The Secretary stated the Planning Commission's
recommendation is subject to:
1)
including in the plans a bikeway and walkway to the
pool,
2)
providing a contingency plan for the development of
additional parking, if needed,
3)
providing a contingency plan for additional trees
within the parking area, and
4)
providing an alternative traffic plan with a dedicated
aisleway from the entrance to the pool.
The Service Director stated the plans have been amended
to include a bikeway and walkway and to add islands in the
parking lot for additional trees.
He described areas within the park where additional
parking could be constructed for staff members, if needed.
And, he stated he does not recommend a dedicated
aisleway because of the loss of parking spaces and the ample
driveways within the lot.
Mr. SHOOK moved to approve the application for a
conditional use permit to allow construction of a swimming
pool at Rolf Park according to the amended site plan that
provides a walkway/bikeway to the pool and tree islands in the
parking area. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A request for waiver of street tree requirements for 1625
Lance Pointe Drive tabled at the July 7, 2003, meeting was
presented. A
letter from the Service Director reporting that the property
owner has agreed to conform to the tree regulations was read.
Mr. BRAINARD moved the request be placed on file.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from Lew Ellis, Preferred Properties, Inc.,
requesting permission to encroach on the right-of-way of
Anthony Wayne Trail (721 Key Street) with a stockade fence was
read. He stated the fence was inadvertently installed 65 feet from
center of the median on Anthony Wayne Trail and it should have
been 67 1/2 feet from the center.
The Service Director stated he believes the request
should be denied because the fence interferes with the
westerly vision of northbound motorists on Key Street as they
approach the Anthony Wayne Trail. The
Law Director stated the City does not have the jurisdiction to
allow the encroachment on a federal highway.
Mr. COYLE moved the application be denied.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
The report of the Assessment Equalization Board for the
East William Street Sanitary Sewer Improvement project
regarding the estimated assessments was read.
The report states the Assessment Equalization Board has
determined that the estimated assessments are apportioned
properly. Mr.
SHOOK moved the necessary legislation be prepared to approve
the report of the East William Street Assessment Equalization
Board and the necessary legislation be prepared determining to
proceed with the improvement. Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Commissioner of Public Service
requesting authorization of a contract for ditch maintenance
was read. He
stated Doug Burkhart Excavating, Inc., Portage, Ohio, has
proposed a contract in an amount not to exceed $16,500 for
ditch maintenance. Mrs.
BARLOS moved the necessary legislation be prepared to
authorize a contract with Doug Burkhart Excavating, Inc., in
an amount not to exceed $16,500, 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 a contract for design and
engineering for fencing for the Anthony Wayne Trail was read.
He stated Proudfoot and Associates has proposed a
contract in the amount of $17,895 for engineering, surveying
and landscape design services for the Anthony Wayne Trail
enhancement project. Mr.
BRAINARD moved the necessary legislation be prepared to
authorize a contract with Proudfoot and Associates in an
amount not to exceed $17,895, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Service Director presenting a
tabulation of bids received for the construction and paving of
the East William Street Parking lot was read.
He stated three bids were received and he recommends
the lowest bid of Schoen, Inc., in the amount of $403,200 and
that the alternate bids for pavement imprinting and fence
ornamentation be declined.
Mr. COYLE moved the bid of Schoen, Inc. in the amount
of $403,200 be declared the lowest and best and the necessary
legislation be prepared to authorize a contract, as
recommended. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Service Director requesting
authorization of a contract for maintenance of standby power
generators at two pumping stations was read.
He stated Holt Power Systems has proposed a contract in
the amount of $1,569.10 to provide preventative maintenance
service for the two standby generators at two pumping
stations. Mr.
ZIMMERMAN moved the necessary legislation be prepared to
authorize a contract with Holt Power Systems in the amount of
$1,569.10, as requested. Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Commissioner of Public Service
requesting authorization of a contract for painting of the
exterior of Municipal Hall and repeal of prior authorizing
legislation was read. He
stated Ordinance 118-2003 authorized a contract with Elegant
Finishes for painting of the exterior of Municipal Hall;
however, the owner of Elegant Finishes stated he is not able
to fulfill the contract.
The Commissioner stated he recommends the proposal of
MLM Enterprises in the amount of $10,940 for the exterior
painting of Municipal Hall.
Mr. BUEHRER moved Ordinance 118-2003 be repealed and
the necessary legislation be prepared to authorize a contract
with MLM Enterprises in the amount of $10,940, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Building & Zoning Inspector
presenting the report of the ad hoc committee to study and
propose Design Standards for C-M zoning regulations was read.
Mr. SHOOK moved the matter be referred to the Municipal
Planning Commission. 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 that Linda Hall of Poggemeyer Design Group
spoke regarding the Community Development Block Grant Downtown
Revitalization program and that other items on the agenda were
also discussed. Mr.
SHOOK moved the report be approved.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
Mr. Zimmerman read the following report from the Land
Use, Planning & Zoning 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.
Mr. COYLE read the following report from the Public
Information Committee. (Report
in full in Minutes Journal.)
Mr. COYLE moved the report be approved in its entirety.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
Mr. SHOOK moved threatened litigation be added to the
executive session. Roll
call: All members
present voting yea, the Chair declared the motion carried.
Legislation was considered at this time.
Mr. SHOOK moved to go into executive session to discuss
the purchase of real estate and threatened litigation.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
When Council returned to regular session, Mr. ZIMMERMAN
moved the matter of Job Creation and Retention Grant program
guidelines be referred to the Finance & Economic
Development Committee. Roll
call: All members
present voting yea, the Chair declared the motion carried.
******************************
8 p.m. Monday, August 4, 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 and Zimmerman (5);
Coyle and Shook (2) absent.
Mrs. Barlos presiding.
Mr. BUEHRER moved to suspend reading the minutes of the
July 21, 2003 meeting and to approve the Minutes Journal. Roll
call: All members
present voting yea, the Chair declared the motion carried.
ORDINANCE
NO. 156 –
2003
DETERMINING TO
PROCEED WITH THE IMPROVEMENT OF EAST WILLIAM STREET BETWEEN
CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING
SANITARY SEWERS WITH THE NECESSARY APPURTENANCES, CONFIRMING
ESTIMATED ASSESSMENTS IN RESPECT THERETO, AND DECLARING AN
EMERGENCY. Motion
to pass by Mr. BRAINARD. Passed by 5-0 vote.
ORDINANCE
NO. 157 –
2003
ACCEPTING BID
RELATIVE TO SEWER RELINING AND MANHOLE REHABILITATION FOR WEST
WILLIAM STREET, AUTHORIZING EXECUTION OF CONTRACT, AND
DECLARING AN EMERGENCY. Motion
to pass by Mr. BUEHRER. Passed
by 5-0 vote.
ORDINANCE
NO. 158 –
2003
AUTHORIZING
AGREEMENT WITH HOLT POWER SYSTEMS RELATIVE TO PROVISION OF
REGULAR PREVENTATIVE MAINTENANCE SERVICES FOR GENERATORS IN
THE CITY OF MAUMEE, OHIO.
Motion to pass by Mr. ZIMMERMAN.
Passed by 5-0 vote.
ORDINANCE NO.
159 – 2003 AUTHORIZING
CONTRACT WITH COGENT SYSTEMS, RELATIVE TO COMPUTER SOFTWARE
MAINTENANCE SERVICES IN THE CITY OF MAUMEE, OHIO, AND
DECLARING AN EMERGENCY. Motion to pass by Mr. CARR.
Passed by 5-0 vote.
ORDINANCE
NO. 160 –
2003
ACCEPTING BID
RELATIVE TO PAVEMENT MARKING OF STREETS, AUTHORIZING EXECUTION
OF CONTRACT, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD.
Passed by 5-0 vote.
ORDINANCE
NO. 161 –
2003
AUTHORIZING
CONTRACT WITH CREATIVE MICROSYSTEMS, INC., RELATIVE TO
COMPUTER PURCHASE AND WEBSERVER SERVICES IN THE CITY OF
MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER.
Passed by 5-0 vote.
ORDINANCE
NO. 162 –
2003
AUTHORIZING
PURCHASE OF SALT FOR MUNICIPAL OPERATIONS AND ACCEPTING BID
THEREFOR. Motion
to pass by Mr. ZIMMERMAN.
Passed by 5-0 vote.
ORDINANCE
NO. 163 –
2003
APPROVING AND
AUTHORIZING EXECUTION OF CHANGE ORDERS FOR ARCHITECT'S
CONTRACT FOR NEW POLICE BUILDING PROJECT.
Motion to pass by Mr. CARR.
Passed by 5-0 vote.
ORDINANCE
NO. 164 –
2003
APPROPRIATING AND
TRANSFERRING FUNDS AND MAKING AN ADVANCE FOR VARIOUS
EXPENDITURES. Motion
to pass by Mr. BRAINARD.
Passed by 5-0 vote.
The Chair opened the continuation of the public hearing
on a Joint Economic Development Zone (JEDZ) and Development
Plan for an area of Monclova Township with the City of Maumee,
the City of Toledo and Monclova Township.
The Law Director stated that Maumee, Toledo, and
Monclova Township officials have held discussions regarding
the proposal and that Maumee must act prior to the next
regular Council meeting.
Mr. ZIMMERMAN moved the public hearing be continued to
a special meeting of Council on August 11, 2003, at 5:30 p.m.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
The annual report of the Finance Department, the 2003
Comprehensive Annual Financial Report, was presented. Mr. CARR moved the report be placed on file.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from Carew Lane residents requesting closing
Carew Lane to through traffic was read.
Mr. BRAINARD moved the matter be referred to the
Streets Committee. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A tabulation of bids by the Commissioner of Public
Service for relining of sanitary sewer and rehabilitation of a
manhole on W. William Street was read.
He stated two bids were received and he recommends a
contract be awarded to Environmental Pipeliners Company, Inc.,
in the amount of $45,415. Mr. BUEHRER moved the bid of Environmental Pipeliners
Company, Inc., be declared the lowest and best and the
necessary legislation be prepared to authorize a contract in
the amount of $45,415, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Service Director requesting
authorization of a contract for pump station generator
maintenance was read. He
recommended a contract with Holt Power Systems in the amount
of $2,431 to perform semiannual and annual preventative
maintenance for the generators at the Turnpike and Michigan
Avenue Pumping Stations.
Mr. ZIMMERMAN moved the necessary legislation be
prepared to authorize a contract with Holt Power Systems in
the amount of $2,431, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Police Chief requesting authorization
to renew a maintenance agreement for Web-Check System was
read. He stated
the cost of renewal is $400.
Mr. BRAINARD moved the necessary legislation be
prepared to authorize a maintenance agreement for WebCheck
System with Cogent Systems in the amount of $400, as
requested. Roll call: All
members present voting yea, the Chair declared the motion
carried.
A tabulation of bids by the Commissioner of Public
Service for annual pavement marking and street striping was
read. He stated
one bid was received and he recommends a contract be awarded
to Zimmerman Paint Contractors Company in the amount of
$43,486.50. Mr.
BUEHRER moved the bid of Zimmerman Paint Contractors Company
be declared the lowest and best and the necessary legislation
be prepared to authorize a contract in the amount of
$43,486.50, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A letter from the Finance Director requesting
authorization of a purchase and service contract for
replacement of Internet/Email computer was read.
He stated the computer, which hosts the City's internet
web-site, the City's Email server, and the data interface
agent for the Court's public record access system, is
approaching the end of its useful life in that role.
He said Sanderson CMI has submitted a proposal for an
IBM server in the amount of $7,434 plus a three-year
maintenance option for $689 to perform the above mentioned
functions and to handle future needs.
Mr. ZIMMERMAN moved the necessary legislation be
prepared to authorize a contract with Sanderson CMI in the
amount of $8,123 for an IBM Server and three-year maintenance
option. Roll
call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Fire Chief requesting authorization of
annual testing for tuberculosis for all Fire Division
employees was read. He
stated the testing would be done annually at St. Luke's
Occupational Health with a per person cost of $21.00 for
initial set up and $10.50 annually afterward.
Mr. BRAINARD moved the necessary legislation be
prepared to authorize a contract with St. Luke's Occupational
Health for T.B. testing, as requested.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A tabulation of bids received by the Commissioner of
Public Service for the purchase of de-icing road salt was
read. He stated
four bids were received and he recommends the bid of Cargill
of North Olmstead, Ohio, in the amount of $30.44/ton delivered
and $32.94/ton delivered with piler service for a minimum of
1,200 tons and a maximum of 5,000 tons of road salt.
Mr. ZIMMERMAN moved the bid of Cargill be declared the
lowest and best in the amount of $30.44/ton delivered and
dumped and $32.94/ton delivered with piler service and the
necessary legislation be prepared, as recommended.
Roll call: All
members present voting yea, the Chair declared the motion
carried.
A tabulation of bids received by the Commissioner of
Public Service for the 2003 street resurfacing project was
read. He stated
three bids were received and he recommends the bid of
Crestline Paving & Excavating in the amount of
$364,436.45. Mr.
CARR moved Mr. Zimmerman be allowed to abstain from voting due
to a conflict of interest.
Roll call: All
members present voting yea, the Chair declared the motion
carried. Mr. BUEHRER moved the bid of Crestline Paving &
Excavating be declared the lowest and best and the necessary
legislation be prepared to authorize a contract in the amount
of $364,436.45. Roll
call: Barlos,
Brainard, Buehrer and Carr (4) voting yea; nays none;
Zimmerman (1) abstaining.
The Chair declared the motion carried by a 4-0 vote.
A tabulation of bids received by the Commissioner of Public Service for the purchase of a crew cab stake truck for the Operations Division was read. He stated one bid was received and he recommends the bid of Ed Schmidt Pontiac/GMC, Inc. in the amount of $24,118 for the purchase of a 2004 crew cab stake bed truck for the Operations Division with a trade in of a 1995 crew cab stake bed truck. Mr. ZIMMERMAN moved Mr. Carr be allowed