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 June 17, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 102 – 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 Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 103 – 2002 AUTHORIZING CONTRACT WITH DUKE'S SALES AND SERVICE, INC., RELATIVE TO SEWER TREATMENT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 104 – 2002 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO ADDITIONAL AIR QUALITY ASSURANCE STUDY AT 450 WEST DUSSEL DRIVE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 105 – 2002 AUTHORIZING EMPLOYMENT OF TREMCO, INC., RELATIVE TO THERMOCORE INFRARED ANALYSIS SURVEY AT 450 WEST DUSSEL DRIVE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 106 – 2002 AUTHORIZING EMPLOYMENT OF SQUIRE, SANDERS & DEMPSEY, LLC, FOR LEGAL SERVICES RELATIVE TO MUNICIPAL FINANCE AND ECONOMIC DEVELOPMENT MATTERS ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 107 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

A letter from the Mayor appointing Dr. Donna Woodson as Maumee's representative to the Toledo-Lucas County Board of Health was read. Mr. BUEHRER moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Planning Commission recommending approval of the application of Lutheran Homes Society for preliminary Planned Unit Development plan for 2501 River Road was read. Mr. CARR moved a public hearing on the application be set for 8 p.m., August 5, 2002. Roll call: All members present voting yea, the Chair declared the motion carried.

A notice from the Ohio Division of Liquor Control of an application for a new D-1 permit at 924 Conant Street, Pizza Hut, was read. 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 Commissioner of Public Service requesting authorization of a contract for root control chemical treatment of certain sanitary sewers was read. He stated Duke's Sales and Service, Inc., West Syracuse, New York, has proposed a contract in the amount of $11,651.95 to treat the sanitary sewer lines on Lacombe Street, Joliet Drive, Key Street, Farrer Street, Johnson Street and Pierce Street. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Duke's Sales and Service, Inc., in the amount of $11,651.95, 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 authorize tax abatement agreements for the Lutheran Homes Society was read. He stated the Community Reinvestment Area Negotiating Team recommends that the company be granted a 100% abatement for 10 years on the real property improvement estimated at $3,000,000 for the building, providing the company enters into an agreement with the Maumee City Schools and Penta County Joint Vocational Schools requiring payments in lieu of taxes. Mr. Carr said he was concerned with the advantage this would give over private investors/landlords serving the senior housing market. He also expressed concern for how many Maumee residents would use this facility. Mr. CARR moved the matter be referred to the Finance and Economic Development Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization of a contract for additional indoor air quality study at 450 W. Dussel Drive was read. He stated Mannik and Smith Group has submitted a proposal for a contract in the amount of $2,205. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Mannik and Smith Group, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization of a contract with TREMCO, Inc., for a Thermocore Infrared Analysis Survey at 450 W. Dussel Drive was read. He stated TREMCO Inc., has proposed a contract in the amount of $1,500. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with TREMCO, Inc., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Ohio Environmental Council (OEC) soliciting support for efforts to improve air quality was read. The OEC requested the City's support in calling for a reduction of pollution from power plants. Mr. SHOOK moved to refer the matter to the Administration. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization of an agreement with Squire Sanders & Dempsey for negotiation and financial analysis services. She stated Stephen P. Grassbaugh of the law firm of Squire Sanders & Dempsey, L.L.C., Columbus, has proposed a contract in an amount not to exceed $10,000 to perform legal services in connection with the negotiation of a development agreement and tax increment financing for the proposed Mall at Fallen Timbers. She stated the hourly rate of Mr. Grassbaugh is $350. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Square Sanders & Dempsey, L.L.C., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director regarding electric aggregation proposal for small commercial units was read. She stated a proposal for these customers is being negotiated by the Northwest Ohio Aggregation Coalition of which the City is a member. Mrs. BARLOS moved the matter be referred to the Public Utilities 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 that the Lutheran Homes Society's senior housing project, the Finance Committee's meeting schedule, a letter from the Ohio Environmental Council, and electric aggregation proposal for small commercial units were discussed.

Legislation was considered at this time.

Mr. SHOOK moved to adjourn to executive session to consider 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 to adjourn until 8:00 p.m., Monday, July 15, 2002, carried v.v.

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Monday, July 15, 2002

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

Mr. SHOOK moved to suspend reading the minutes of the July 1, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 108 – 2002 AUTHORIZING PURCHASE OF SALT FOR MUNICIPAL OPERATIONS, ACCEPTING BID THEREFOR, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 5-0 vote.

ORDINANCE NO. 103 – 2002 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, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 5-0 vote.

ORDINANCE NO. 104 – 2002 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 5-0 vote.

ORDINANCE NO. 105 – 2002 AUTHORIZING AGREEMENT WITH STANLEY STEEMER RELATIVE TO CARPET CLEANING SERVICES AT 400 CONANT STREET IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 5-0 vote.

The Mayor opened a public hearing on the proposed Joint Economic Development Zone (JEDZ) agreement with the City of Toledo and Monclova Township.

The Law Director described the proposed JEDZ agreement with the City of Toledo and Monclova Township involving approximately 555 acres. She stated this JEDZ is a 30 year contract between the three governmental bodies that provides for: the creation of a board of directors empowered to contract for services for the area, the levy of an income tax at the rate of 1.5% to be shared among the parties, and the prohibition of annexations of the township area. She added that this is possible only with the favorable vote of Monclova residents. She also described the proposed Cooperative Economic Development Agreement (CEDA) between the Cities of Maumee and Toledo and Monclova Township that would provide for the annexation of approximately 53 acres and the sharing of income tax from that area. She stated that a Joint Public Hearing on the CEDA was held tonight at the Monclova Township hall. No one spoke either in favor or opposition.

Mr. BUEHRER moved to close the public hearing. Roll call: All members present voting yea, the Chair declared the motion carried.

The Law Director requested Council prepare legislation to authorize the Joint Economic Development Zone and Cooperative Economic Development Agreements. Mr. SHOOK moved legislation be prepared to authorize the JEDZ and CEDA agreements. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Kirk D. Kern as Commissioner of Community Development in the Department of Public Safety, effective August 12, 2002, was read. Mr. BRAINARD moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service with a tabulation of bids received July 10, for road salt for the 2002/03 winter season was presented. He stated four bids were received and he recommended the bid of Cargill be accepted. He requested authorization to enter into a contract with Cargill at a rate of $31.47 per ton delivered and dumped and $33.47 per ton delivered with piler service for a minimum of 1,200 tons and a maximum of 5,000 tons. Mr. ZIMMERMAN moved to declare the bid of Cargill the lowest and best and to authorize a contract with Cargill for ice control salt as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to make application to the Attorney General of the State of Ohio to participate in the Drug Awareness Resistance and Education Grant Program to provide funds for the DARE program was read. He stated that in 2001 a grant of $13,808 was received. Mr. BUEHRER moved the necessary legislation be prepared to make an application to the Ohio State Attorney General to participate in the Drug Awareness Resistance and Education Grant Program. Roll call: All members present voting year, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract to provide preventative maintenance service for the four standby generators at the Police Station, Fire Station #2, and two pumping stations was read. He stated he received a quotation from Holt Power System in the amount of $3,413.30 to perform these services. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Holt Power System in an amount not to exceed $3,413.30, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract to clean and treat certain carpets at 400 Conant Street was read. He presented a proposal from Stanley Steemer in the amount of $966. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Stanley Steemer in an amount not to exceed $966, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to advertise for bids for the 2002 Street Resurfacing Program was read. He stated the total estimated cost of the resurfacing and patching is estimated at $241,768. Additionally, he requested authorization to advertise for bids for the resurfacing of Dussel Drive between I-475 and Ford Street. He stated that the cost is estimated at $240,000 of which approximately $120,000 will be covered by a State Issue 2 Grant.

Mr. SHOOK moved the matter of the 2002 Street Resurfacing Program be removed from the Streets Committee and placed on the agenda. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the Service Director be authorized to advertise for bids for the 2002 Street Resurfacing Program and for the resurfacing of Dussel Drive, 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 that a presentation was made by TARTA and TMACOG representatives regarding a proposed Regional Transit Study to determine transportation needs in the region. He said TARTA and TMACOG requested that one representative from the City participate in the study and that the City contribute $5,000 to $10,000 towards the cost of the study. Mr. Shook moved the report be accepted and the request for the City's participation in the Regional Transit Study be placed on the August 3, 2002, Council agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Zimmerman read the following report from the Finance and Economic Development Committee. (Report in full in Minutes Journal.) Mr. ZIMMERMAN moved that the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Brainard stated that the Public Utilities Committee met but that the report was being held pending additional information from the Law Director.

The Law Director stated that Ameritech has applied to the Public Utilities Commission of Ohio (PUCO) to substantially increase wholesale prices to third party communication companies. She requested Council's authorization to join with Toledo and Lucas County in filing an objection with the PUCO.

Mr. BRAINARD moved the matter of objecting to Ameritech's request to increase service costs be referred to the Public Utilities Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved to refer to the Finance and Economic Development Committee consideration of the need to create an additional planning position within the Community Development Division. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to refer the Council Rules to the Code Committee for study of the definition of "presence" as relates to satisfying the need for a quorum at committee meetings. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved that the item regarding information markers at Fort Miamis Park be removed from the Parks and Recreation Committee's assignment. 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 pending litigation 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. SHOOK moved to adjourn until 8:00 p.m., Monday, August 3, 2002, carried v.v.

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Monday, August 5, 2002

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

Mr. SHOOK moved to suspend reading the minutes of the July 15, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 112 – 2002 AMENDING ORDINANCE 208-2000 ESTABLISHING SALARIES AND COMPENSATION OF ADMINISTRATIVE SUPPORT EMPLOYEES OF THE CITY OF MAUMEE, ESTABLISHING TIMES AND MANNER OF PAYMENT THEREOF, AND OTHER EMPLOYEE BENEFITS AND RELATED MATTERS, REPEALING CERTAIN ORDINANCES AS APPLIED TO EMPLOYEES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 113 – 2002 AMENDING ORDINANCE 8-2001 RELATIVE TO SALARIES AND COMPENSATION OF MANAGEMENT AND SUPERVISORY EMPLOYEES OF THE CITY OF MAUMEE, ESTABLISHING TIMES AND MANNER OF PAYMENT THEREOF, AND OTHER EMPLOYEE BENEFITS AND RELATED MATTERS, REPEALING CERTAIN ORDINANCES AS APPLIED TO EMPLOYEES OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 114 – 2002 AMENDING ORDINANCE NO. 89-1975 RELATIVE TO LOT 49 (PLAT 2) FINAL DEVELOPMENT PLAN OF HYDE PARK PLANNED UNIT DEVELOPMENT AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote.

ORDINANCE NO. 115 – 2002 AUTHORIZING CONTRACT RELATIVE TO STREET PATCHING, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

ORDINANCE NO. 116 – 2002 AUTHORIZING AGREEMENT WITH OHIO MUNICIPAL LEAGUE RELATIVE TO WORKERS' COMPENSATION GROUP RATING PLAN AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 117 – 2002 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. CARR. Passed by 6-0 vote.

ORDINANCE NO. 118 – 2002 ACCEPTING BID RELATIVE TO IMPROVEMENTS AT ANDERSON PARK, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 119 – 2002 ACCEPTING BID RELATIVE TO PAVEMENT MAINTENANCE PROGRAM OF THE CITY OF MAUMEE, OHIO, AUTHORIZING EXECUTION OF A CONTRACT, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 120 – 2002 ACCEPTING BID FOR THE IMPROVEMENT OF DUSSEL DRIVE BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 5-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 121 – 2002 ACCEPTING BID FOR THE IMPROVEMENT OF PIERCE STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

ORDINANCE NO. 122 – 2002 ACCEPTING BID RELATIVE TO PAVEMENT MARKING OF STREETS, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 123 – 2002 ACCEPTING BID RELATIVE TO IMPROVEMENTS AT FAIRFIELD PARK, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote.

ORDINANCE NO. 124 – 2002 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND EHOVE CAREER CENTER RELATIVE TO TRAINING AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 125 – 2002 AUTHORIZING EMPLOYMENT OF KERGER & KERGER, ATTORNEYS, FOR LEGAL SERVICES ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 5-0 vote. Carr (1) abstaining.

RESOLUTION NO. 126 – 2002 ADOPTING STATEMENT OF CONSENT TO THE ANNEXATION OF CERTAIN TERRITORY IN THE TOWNSHIP OF MONCLOVA, LUCAS COUNTY, OHIO, TO THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 5-0 vote. Barlos (1) abstaining.

RESOLUTION NO. 127 – 2002 ADOPTING STATEMENT INDICATING MUNICIPAL SERVICES TO BE PROVIDED TO CERTAIN TERRITORY IN THE TOWNSHIP OF MONCLOVA, LUCAS COUNTY, OHIO, UPON ANNEXATION TO THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 5-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 128 – 2002 AUTHORIZING CONTRACT FOR COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT WITH THE CITY OF TOLEDO, OHIO AND MONCLOVA TOWNSHIP, OHIO; AUTHORIZING THE MAYOR AND THE MUNICIPAL CLERK TO EXECUTE CONTRACT ON BEHALF OF THE CITY OF MAUMEE; AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 129 – 2002 AUTHORIZING CONTRACT FOR JOINT ECONOMIC DEVELOPMENT ZONE WITH THE CITY OF TOLEDO, OHIO AND MONCLOVA TOWNSHIP, OHIO; AUTHORIZING THE MAYOR AND THE MUNICIPAL CLERK TO EXECUTE CONTRACT ON BEHALF OF THE CITY OF MAUMEE; AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote.

ORDINANCE NO. 130 – 2002 AUTHORIZING AMENDMENT TO ATTACHMENT B OF CONTRACT WITH WPS ENERGY SERVICES, REPEALING CURRENT ATTACHMENT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 5-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 131 – 2002 AUTHORIZING AMENDMENT TO PLAN OF OPERATION AND GOVERNANCE FOR ELECTRIC AGGREGATION PROGRAM OF THE CITY OF MAUMEE AND FILING OF SAME WITH THE PUBLIC UTILITIES COMMISSION OF OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 5-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 132 – 2002 AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AND ENTER INTO AN ELECTRIC POWER SUPPLY AGREEMENT WITH FIRST ENERGY SERVICES CORP., AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 5-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 133 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS CAPITAL EXPENDITURES. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

ORDINANCE NO. 134 – 2002 AUTHORIZING PURCHASE OF CERTAIN REAL PROPERTY AT 920 ILLINOIS AVENUE FOR MUNICIPAL PURPOSES IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote.

The Mayor opened a hearing on the application of Lutheran Homes Society, Inc., for a preliminary plan of a Planned Unit Development for a 70 unit senior housing facility at 2501 River Road. The Mayor administered an oath to each person who gave testimony.

The Clerk reported letters had been received from the following individuals and copies had been provided to Council members: Frank J. Bartell, July 25, 2002; Janet Russ, July 26, 2002; Tom and Martha Farrell, July 31, 2002; John Aubrey, August 2, 2002; and John Fedderke, August 5, 2002.

Terry Martell, architect for the applicant, described the site plan and the changes made to the plan prior to approval by the Planning Commission. He stated that the revised site plan shows that nearly half of the parking area and a trash enclosure were moved to the rear of the building. He also stated that a service drive was added between the front and rear parking areas running east and north of the building, that landscape screening had been added, and that a storm water retention area had been reduced.

Ardis Dardenne, 1005 W. Wayne Street; Mike Matuszak, 621 Sackett Street; and Janet Russ, 62 Mallard Run, all spoke in favor of the site plan citing a need for housing that includes social services directed to seniors.

Joseph Ballmer, 605 Bennington Drive; Gabriel Barrow, 716 Inwood Place; Robin Gemerchak, 2820 River Road; Susan Martin, 736 Grand Valley Drive; Bill Block, 612 Manitou Drive; Tom Brell, 736 River Glen Road; and Lester Jones, 801 Phillips Street, spoke in opposition to the site plan citing "too many units" for the neighborhood; 70 unit building not consistent with the neighborhood; no assurance that Maumee residents will receive preference; traffic congestion; other possible locations; and the load on the sewer system.

Mr. Martell stated that the building has been designed to minimize the impact on the neighborhood; that the density of the development is 12 units per acre while the zoning code allows for 25 units per acre; and that all units are handicapped accessible.

The Law Director stated that the 1998 Master Plan Update focused on the newly annexed area west of I-475 and did not address this property even though its use by CSB had been abandoned.

The Service Director stated the City sewer system capacity would not be exceeded with this development.

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 matter be tabled to the August 19, 2002, meeting. Roll call: Barlos, Brainard, Carr, Shook and Zimmerman (5) voting yea; Buehrer (1) voting nay. The Chair declared the motion carried by a 5-1 vote.

A letter from TARTA/TMACOG requesting the City's participation in a regional needs study for transit services was read. The request consists of City participation in the study and a donation of $5,000 for Phase One.

Mr. BUEHRER moved the City commit to assigning a representative for the Regional Transit Study, as requested. Roll call: Barlos, Brainard, Carr, Shook (4) voting yea; Buehrer and Zimmerman (2) voting nay. The Chair declared the motion carried by a 4-2 vote. Mr. BUEHRER moved to approve a contribution of $5,000 for Phase One funding, as requested. Roll call: yeas none; Barlos, Brainard, Buehrer, Carr, Shook and Zimmerman (6) voting nay. The Chair declared the motion lost by a 0-6 vote.

A letter from the Municipal Planning Commission recommending approval of the application of Christopher & Denise Waite for major modification of Hyde Park PUD at 1736 Christopher Lane was read. The application is for a 12' x 17' three season room addition. Mr. SHOOK moved the necessary legislation be prepared to authorize approval of the application of Christopher & Denise Waite for a room addition at 1736 Christopher Lane, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition of L.E. Dussel for vacation of an unopened portion of Waite Avenue between E. Broadway and E. Harrison Avenue was presented. Mr. BUEHRER moved the petition be set for public hearing on August 19, 2002, at 8:00 p.m. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing H. Jerry Sawicki, Jr., Toledo, and Scott Cunningham, 401 E. Wayne Street, to the Uptown Design Review Board for three year terms ending August 31, 2005; Barbara Farley, 4419 Margrete Drive, to the Charter Review Advisory Commission for a five year term ending August 31, 2007; and James G. O'Brien, 1166 Key Street, to the Administrative Board for a five year term ending December 31, 2006, was read. Mrs. BARLOS moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a contract for spray patching on the Anthony Wayne Trail west of Ford Street was read. He requested approval of a contract with Premier Patching in an amount not to exceed $12,000. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Premier Patching, as requested. Roll call: All members present voting yea, the Chair declared the motion carried

A letter from the Finance Director requesting authorization to enroll in the 2003 Ohio Municipal League Group Rating Plan for Workers' Compensation was read. He stated the OML Group Rating Plan enrollment fee is $10,495 and premium savings in 2004 are projected to be $119,625. Mr. BRAINARD moved the necessary legislation be prepared to authorize enrollment in the 2003 Ohio Municipal League Group Rating Plan for Workers' Compensation, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for ditch cleaning services was read. He stated a proposal was received from Doug Burkhart Excavating, Inc. to clean various ditches within the city in the amount of $14,500. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract for ditch cleaning with Doug Burkhart Excavating, Inc., in an amount not to exceed $14,500, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids from the Commissioner of Public Service for Anderson Park walkway and tennis court construction project was presented. He stated three bids were received and he recommends the lowest bid of Schoen, Inc., of Toledo in the amount of $61,130. Mr. ZIMMERMAN moved the bid of Schoen, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $61,130, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids from the Commissioner of Public Service for 2002 street maintenance project was presented. He stated four bids were received and he recommends the lowest bid of S.E. Johnson Companies, Inc., Maumee in the amount of $229,443.25. Mrs. BARLOS moved the bid of S.E. Johnson Companies, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $229,443.25, as recommended.. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids from the Commissioner of Public Service for Dussel Drive resurfacing project was presented. He stated four bids were received and he recommends the lowest bid of Crestline Paving and Excavating, Toledo in the amount of $174.455.50. 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. BUEHRER moved the bid of Crestline Paving and Excavating be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $174,455.50, as recommended. Roll call: Barlos, Brainard, Buehrer, Carr and Shook (5) voting yea; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A tabulation of bids from the Commissioner of Public Service for Pierce Street waterline and street reconstruction project was presented. He stated four bids were received and he recommends the lowest bid of Anderzack-Pitzen Construction, Inc., in the amount of $142,687.02. Mr. SHOOK moved the bid of Anderzack-Pitzen Construction, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $142,687.02, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids from the Commissioner of Public Service for 2002 pavement marking was presented. He stated two bids were received and he recommends the lowest bid of Zimmerman Paint Contractors, Fremont in the amount of $45,847.50. Mr. BUEHRER moved the bid of Zimmerman Paint Contractors be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $45,847.50, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids from the Commissioner of Public Service for restroom and walkway improvements at Fairfield Park was presented. He stated six bids were received and he recommends the lowest bid of Midwest Contracting in the amount of $64,255. Mr. ZIMMERMAN moved the bid of Midwest Contracting be declared the lowest and best and the necessary legislation be prepared to authorize a contract in the amount of $64,255, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of an agreement for training was read. The Chief of Emergency Medical Services stated in a letter that Ehove Career Center has requested the City renew a contract through July, 2005, as a clinical agency for EMT-Basic and EMT-Paramedic training. Mr.SHOOK moved the necessary legislation be prepared to authorize a clinical site contract with Ehove Career Center, Milan, Ohio, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A request from the Law Director for authorization of a contract for legal services was read. She stated a lawsuit challenging Council approval of the site plan for the Mall at Fallen Timbers was filed on July 2, 2002. Due to the complex nature of the litigation, retention of an experienced civil litigator to act as co-counsel is necessary to ensure the best representation for the City. Mr. SHOOK moved Mr. Carr be allowed to abstain 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 a contract for legal services with Richard Kerger of Kerger & Kerger, Toledo, as requested. Roll call: Barlos, Brainard, Buehrer, Shook and Zimmerman (5) voting yea; nays none; Carr (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A request from the Law Director for legislation to authorize annexation of 89.8 acres of Monclova Township land to the City of Maumee as petitioned was read. She stated the City should enact a resolution stating what services will provided to the territory upon annexation and a resolution consenting to the annexation. This area is immediately south and west of the intersection of US 20A and I 475/US 23. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain 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 indicate the municipal services to be provided in the annexation area upon annexation to the City of Maumee. Roll call: Brainard, Buehrer, Carr, Shook and Zimmerman (5) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 5-0 vote. Mr. BRAINARD moved the necessary legislation be prepared to consent to the annexation of certain territory in Monclova Township identified in the annexation petition. Roll call: Brainard, Buehrer, Carr, Shook and Zimmerman (5) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A request from the Law Director for legislation to authorize Cooperative Economic Development (CEDA) and Joint Economic Development Zone (JEDZ) agreements with Monclova Township and the City of Toledo was read. She stated the CEDA coincides with the annexation area just acted upon and the JEDZ encompasses approximately 555 acres in the Township. The CEDA agreement provides for sharing of Maumee income taxes collected from the area. The JEDZ agreement provides for the imposition of an income tax by the JEDZ and a sharing of those taxes; this requires approval by Township residents in the November election. Mr. SHOOK moved the proposals for CEDA and JEDZ agreements be removed from committee and returned to council. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the necessary legislation be prepared to authorize a CEDA agreement as proposed with the City of Toledo and Monclova Township. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the necessary legislation be prepared to authorize a JEDZ agreement as proposed with the City of Toledo and Monclova Township. Roll call: All members present voting yea, the Chair declared the motion carried.

A request from the Law Director for authorization of a contract to enable an electric power opt-out plan to serve small commercial customers was read. She stated the Northwest Ohio Aggregation Coalition has negotiated an agreement with First Energy for an opt-out electric aggregation program for small commercial accounts. She further stated the Power Supply Contract with WPS Energy Services to supply electricity to the City's municipal accounts requires revision. Mr. CARR moved Mr. Zimmerman be allowed to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the matter of electric aggregation proposal for small commercial units be removed from committee and placed on the agenda. Roll call: Barlos, Brainard, Buehrer, Carr and Shook (5) voting yea; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

Mr. BRAINARD moved legislation be prepared to authorize a contract with FirstEnergy Services for the supply of electric power for the City's small commercial opt-out aggregation plan. Roll call: Barlos, Brainard, Buehrer, Carr and Shook (5) voting yea; nays none; Zimmerman (1) abstaining. The Chair declared the vote carried by a 5-0 vote. Mr. BRAINARD moved the necessary legislation be prepared to amend the City's Plan of Operation for the municipal electric aggregation program to reflect the incorporation of the commercial element in the plan and the selection of First Energy as the supplier, as requested. Roll call: Barlos, Brainard, Buehrer, Carr and Shook (5) voting yea; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 5-0 vote. Mr. BRAINARD moved the necessary legislation be prepared to authorize the amendment of Attachment B-1 to the City's Power Supply Agreement with WPS Energy Services, Inc., to reflect renumbering, addition, or deletion of certain accounts contained in the contract. Roll call: Barlos, Brainard, Buehrer, Carr and Shook (5); nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

Mr. Shook stated the Committee of the Whole did not convene prior to tonight's meeting.

Mr. Zimmerman read the following report from the Finance and Economic Development 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. Zimmerman stated the Finance & Economic Development Committee met prior to tonight's meeting and a report on the committee meeting would be submitted at the August 19, Council meeting. Mr. Brainard read the following report from the Public Utilities Committee. (Report in full in Minutes Journal.) Mr. BRAINARD moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved a request from Gary Kuns for a curb cut on W. Harrison Avenue be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved Mr. Buehrer be allowed to abstain from consideration of the issue of Hollister Street improvement due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved the improvement of Hollister Street be referred to the Streets Committee. Roll call: Barlos, Brainard, Carr, Shook and Zimmerman (5) voting yea; nays none; Buehrer (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

Mr. BRAINARD moved to remove item 2, concerning Gypsy Moth Management, from the Environment Committee Activity; item 3, town meeting, from the Public Information Activity and items 5, 6, 8 and 9, concerning Electric Aggregation, from the Public Utilities Activity. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved the issue of staffing in the Prosecutor's office be referred to the Municipal Court Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved items 3 and 4, concerning a natatorium/auditorium and concerning Rolf Park, be removed from the Parks & Recreation Committee Activity. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved item 5, concerning annexed land, be removed from the Buildings & Lands Committee Activity. 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 collective bargaining, pending and threatened litigation, 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. SHOOK moved that legislation be prepared to authorize the purchase of 27.801 acres south of the Ford Motor Company plant on Illinois Avenue at a price of $28,000 per acre. Roll call: All members present voting yea, the Chair declared the motion carried.

Ordinance No. 134-2002 was considered at this time.

Mr. SHOOK moved to adjourn until 8:00 p.m., Monday, August 19, 2002, carried v.v.

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Monday, August 19, 2002

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 August 5, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 135 – 2002 VACATION OF CERTAIN PORTION OF WAITE AVENUE BETWEEN HARRISON STREET AND BROADWAY STREET IN THE CITY OF MAUMEE, LUCAS COUNTY, OHIO. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 136 – 2002 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO SKY INSURANCE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 137 – 2002 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF MAUMEE, LUCAS COUNTY, OHIO, TO ENTER INTO A COMMUNITY REINVESTMENT AREA AGREEMENT WITH DELTIME, LLC, THE DELP COMPANY, AND DELTUCK, INC. AND DECLARING THIS ACT AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 138 – 2002 AUTHORIZING PURCHASE OF END LOADER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 139 – 2002 DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING SALE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 140 – 2002 AUTHORIZING PURCHASE OF HYDRAULIC PAVEMENT BREAKER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 141 – 2002 AUTHORIZING AGREEMENT WITH CHRIS FLYNN REMODELING, RELATIVE TO SENIOR CENTER IMPROVEMENTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote

ORDINANCE NO. 142 – 2002 AUTHORIZING PURCHASE OF AIR COMPRESSOR FOR DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 143 – 2002 AUTHORIZING PURCHASE OF AUTOMATIC CABLE REEL FOR DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 144 – 2002 AUTHORIZING PURCHASE OF TRASH RECEPTACLE, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-1 vote. Buehrer (1) voting nay.

ORDINANCE NO. 145 – 2002 AUTHORIZING AGREEMENT WITH ATLAS PAVING, RELATIVE TO HOLLISTER STREET IMPROVEMENTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK.Passed by 6-0 vote. Buehrer (1) abstaining.

ORDINANCE NO. 146 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 147 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

Mr. SHOOK moved to table further consideration of the application of Lutheran Homes Society for a preliminary plan for a Planned Unit Development to allow a 70 unit senior housing facility at 2501 River Road to the next regular meeting on Tuesday, September 3, 2002. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor opened a public hearing on the petition to vacate the easterly 32 feet of Waite Avenue between E. Broadway Street and Harrison Avenue. The Service Director stated the westerly portion had previously been vacated and that no City utilities exist or are planned for this area. He reported the area to be vacated is 9,920 square feet. 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 necessary legislation be prepared to vacate Waite Avenue between E. Broadway Street and Harrison Avenue, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Charles Carr to the Administrative Board for an unexpired five year term ending December 31, 2006, was read. Mr. SHOOK moved Mr. Carr 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: Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from Paul Board, President, Substance Abuse Intervention League (S.A.I.L.), requesting a donation for the S.A.I.L. program was read. The request for the 2002-2003 school year is in the amount of $21,000 (2001-$20,000). Mr. BUEHRER moved the necessary legislation be prepared to authorize donation to S.A.I.L. in the amount of $21,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of a Job Creation and Retention Grant application by Celaris Group/Picton Cavanaugh was read. He stated Celaris Group/Picton Cavanaugh will relocate and operate under the name "Sky Insurance" bringing 110 jobs to 1695 Indian Wood Circle with an estimated payroll of $6,000,000. He recommends the grant be awarded in annual amounts up to $20,000 over a maximum 10 year period. Mr. SHOOK moved the necessary legislation be prepared to authorize a Job Creation & Retention Grant to Celaris Group/Picton Cavanaugh, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator recommending approval of Community Reinvestment Area tax abatement application by DelBro, Ltd., for the Delp Company for a new building proposed at Arrowhead Road and Indian Wood Circle was read. He stated DelTime, Ltd. will construct a 12,500 square foot building on the corner of Arrowhead Drive and Indianwood Circle in Arrowhead Park at a total cost, with machinery, equipment and furnishings of $2,750,000. At the completion of the project, 11 employees will be transferred from another location on Dussel Drive and 5-20 additional positions will be located at the building generating an estimated annual payroll in excess of $940,000. He recommends the Mayor and Clerk enter into agreements with the Anthony Wayne Local Schools, Penta County Vocational School and DelTime, Ltd. for abatement of real property tax. Mr. SHOOK moved the necessary legislation be prepared to authorize Community Reinvestment Area tax abatement for DelTime, Ltd., as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization to purchase an end loader with trade-in was read. He stated Southeastern Equipment Co., Inc. of Perrysburg has submitted a quote for an end loader with trade-in the amount of $61,205.54. He further stated Southeastern Equipment Co. is the authorized dealer for the State of Ohio for Case Equipment. Mr. COYLE moved the necessary legislation be prepared to authorize purchase of a 2002 Case End Loader, as requested, using the State Cooperative Purchasing Program. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service presenting bids received on the sale of surplus high pressure cleaner/truck was read. He stated sealed bids were opened on August 14, for the sale of the 1982 High Pressure Cleaner mounted on a 1986 Chevy cab and chassis. He recommends the bid from Doug Burkhart of Portage, Ohio in the amount of $8,257 be accepted. Mr. BRAINARD moved to declare the bid of Doug Burkhart the highest and best and the necessary legislation be prepared to declare as surplus the 1982 High Pressure Cleaner mounted on a 1986 Chevy cab and chassis and to authorize its sale, 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 purchase a hydraulic pavement breaker was read. He stated Southeastern Equipment Co., Inc., of Perrysburg is the authorized dealer for the State of Ohio for Case Equipment and has supplied the quote for the hydraulic pavement breaker in the amount of $10,000 including installation. Mrs. BARLOS moved the necessary legislation be prepared to authorize the purchase of a hydraulic pavement breaker using the State Purchasing Program from Southeastern Equipment Co., Inc., in the amount of $10,000. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authority for a contract for siding and trim at the Senior Center was read. He stated Chris Flynn Remodeling of Maumee has submitted a proposal for installation of vinyl siding and aluminum trim at the Maumee Senior Center in the amount of $9,892. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Chris Flynn Remodeling, 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 purchase an air compressor was read. He stated three quotations were received for the purchase of a 185 HP air compressor for the Water Division and he recommends the quote of Cobra Equipment, Inc., Toledo in the amount of $9,955. Mr. COYLE moved the necessary legislation be prepared to authorize purchase of a 185 HP air compressor from Cobra Equipment, Inc., in the amount of $9,955. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to purchase automatic cable reel equipment for the Sewer Division was read. He stated Jack Doheny Supplies has submitted a quote in the amount of $15,000, including trade-in of $4,000, for an automatic cable reel for the closed circuit sewer camera. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Jack Doheny Supplies for the purchase of an automatic cable reel, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authority to purchase equipment and to wave bidding requirement on a purchase was read. He stated that, in order to match the existing trash receptacles purchased from Jan San Specialty Products last year, he requests the bidding procedure be waived and the purchase be authorized for 16 units at the same price as last year, $625 per unit, for a total estimated cost is $10,000. He also requested authority to purchase for a shelter for Fairfield Park in kit form to be assembled by the Service Department and that the bidding procedure be waived for this item estimated at $15,000. Mr. Buehrer stated his belief that a local manufacturer should have been selected to provide the trash receptacles. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Jan San Specialty Products in the amount of $10,000, 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. Mrs. BARLOS moved to waive the bidding requirement for the purchase of a shelter for Fairfield Park, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Lucas County/Maumee Valley Historical Society requesting a donation for operations was read. Charles M. Jacobs, Executive Director, stated the request is in the amount of $25,000.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize donation of $25,000 to the Lucas County/Maumee Valley Historical Society, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director presenting the City's Comprehensive Annual Financial Report for 2001 was read. Mr. COYLE moved the report be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting an appropriation for the operation of the Community Development Division was read. He stated the total proposed budget for 2002 is $31,050. Mr. CARR moved the budget be approved and the necessary legislation be prepared to authorize appropriations for the operation of the Community Development Division, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition of Jason & Kate Hubbard for the vacation of a portion of Rosamond Street north of West William Street was read. Mr. BUEHRER moved a public hearing on the vacation be set for Tuesday, September 3, 2002, at 8 p.m. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director regarding an appeal of the denial of a homeowner's request to cut down a street tree was read. Mr. BRAINARD moved the matter be referred to the Environment 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 reported that representatives of Celaris/Picton-Cavanaugh and the Delp Co. presented information about the economic development proposals for their businesses. He stated that a letter from the Lucas County/Maumee Valley Historical Society, purchase of equipment for the Service Department and appropriation for the operation of the Community Development Division were discussed.

Mrs. Barlos read the following report from the Streets Committee. (Report in full in Minutes Journal.) Mrs. BARLOS moved Mr. Buehrer be allowed to abstain from voting on the issue of Hollister Street. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved to allow a contract for the paving of Hollister Street with the cost allocation to the affected property owners according to Assumption #2, as agreed to by the owners. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining. The Chair declared the motion carried by a 6-1 vote.

Mrs. BARLOS moved a curb cut be approved as requested by Gary Kuns for 99 Conant Street onto West Harrison Avenue provided it be posted for Left Turn Only onto W. Harrison; that items 3, 4, and 5 (regarding property for an interchange, a proposed plat, and widening Arrowhead Road) be removed from the committee's agenda; and that the Service Director be authorized to apply for funds for repairing the Anthony Wayne Trail east of Ford Street. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved a theater program proposal submitted by Pete Cross and Adam Lark be referred to the Parks & Recreation Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mr. SHOOK moved to adjourn until 8:00 p.m., Tuesday, September 3, 2002, carried v.v.