Maumee City Council 
June 4 and June 18, 2007 Minutes

7:30 P.M. Monday, June 4, 2007   

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

Mr. CARR moved to suspend reading the minutes of the May 21, 2007, regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Christy Mouch-Kellogg, Bryan, Ohio, to the position of Radio/Telephone Operator, Division of Police, Department of Public Safety, effective June 11, 2007, was read. 
Mr. BRAINARD moved to confirm the appointment of Christy Mouch-Kellogg, as Radio/Telephone Operator, effective June 11, 2007, subject to passing the required pre-employment screenings. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Brandon Loboschefski, Christopher Lane, to the position of Fire Prevention Bureau Chief, Division of Fire, Department of Public Safety, effective June 11, 2007, was read. 
Mr. CARR moved to confirm the appointment of Brandon Loboschefski, as Fire Prevention Bureau Chief, effective June 11, 2007, subject to passing the required pre-employment screenings. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Council Member Tim Pauken to the Monclova-Maumee-Toledo Joint Economic Development Zone Board to an unexpired two-year term ending December 31, 2008 was read. 
Mr. ZIMMERMAN moved to confirm the appointment of Tim Pauken to the MMT JEDZ Board of Directors to a term expiring December 31, 2008. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Jacob Causer, East Harrison Avenue, and Joshua Theaker, East Indiana Avenue, to the position of summer laborer in the Natural Resources Division was read. He stated that these are replacement appointments and that the Department will still have three fewer summer laborers than last year. 
Mr. COYLE moved to confirm the appointments of Jacob Causer and Joshua Theaker as summer laborers in the Service Department subject to passing the required pre-employment screenings. All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of an agreement for maintenance and testing of four standby generators was read. He stated that the generators are located at two pumping stations, the Police Station, and Fire Station No. 2. He recommends approval of an agreement with Ohio Cat Power Systems in the amount of $8,281.33 to perform these services. 
Mr. BUEHRER moved the necessary legislation be prepared to authorize an agreement with Ohio Cat Power Systems in an amount not to exceed $8,281.33, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of settlement of class action lawsuit regarding drug re-pricing practices was read. He stated that a notice regarding a proposed settlement of a class action lawsuit involving the drug pricing practices of Glaxo-Smith-Kline was received. He stated that accepting of the settlement should yield a payment of $75.00. 
Mrs. BARLOS moved the necessary legislation be prepared to authorize acceptance of the terms and conditions of the proposed settlement. 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 with Duke's Sales and Service, Inc., West Syracuse, New York, for chemical root control treatment was read. He stated this included 5,782 linear feet of sewer lines, for a total amount of $9,342.30. He also stated that this is preventative treatment to help control the growth of roots in the sanitary sewer system. 
Mr. PAUKEN moved the necessary legislation be prepared to authorize a contract with Duke's Sales and Service, Inc., in an amount not to exceed $9,342.30, for chemical root control treatment of certain sewers. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a change order to the contract for construction of public sanitary sewer improvements for the Shops at Fallen Timbers in the amount of $51,443.70 was read. He stated this represents the cost difference between the thick wall and standard wall pipe and that this is based upon 2227 lineal feet of 24-inch sewer pipe to be installed along the westerly portion of Russell Road. He also stated that in an effort to meet the deadline for completion of the infrastructure improvements, it was necessary to let and award a contract for the improvements to Russell Road and Fallen Timbers Lane prior to receiving a complete review and approval of the sanitary sewer plans from Lucas County. 
Mr. BUEHRER moved the necessary legislation be prepared to approve a change order for the Shelly Co. in the amount of $51,443.70 for construction of public sanitary sewer improvements for the Shops at Fallen Timbers. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of a lease of a "Wave Runner" personal watercraft through Honda East, Conant Street, was read. He stated that the Fire Division proposes to continue participation in the Wave Runner Law Loan Program. 
Mr. BRAINARD moved the necessary legislation be prepared to authorize the Mayor and the Clerk to execute an agreement with Honda East for the 2007 Law Loan Program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of an electrical service agreement with Toledo Edison in the amount of $6,171.25 plus a $74.35 monthly PUCO charge through December, 2007, for the new Michigan Avenue Storm Sewer Pump Station was read. Mr. CARR moved to allow Mr. Zimmerman to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. 
Mr. CARR moved the necessary legislation be prepared to authorize an agreement with Toledo Edison in the amount of $6,171.25 plus a $74.35 monthly PUCO charge through December, 2007, for the Michigan Avenue Storm Sewer Pump Station. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining. The Chair declared the motion carried by a vote of 6-0.

A letter from the Chief of Police requesting authorization to apply for grant funds for underage access enforcement projects in 2007 was read. He stated that the Community Partnership of Toledo is again offering grant funds for Underage Access Enforcement relative to underage consumption of alcohol. 
Mrs. BARLOS moved the necessary legislation be prepared authorizing Administration to apply for grant funds for underage access enforcement projects in 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator presenting rules and regulations regarding display of banners in public places was read. He stated that, in an effort to control costs and limit liability, the administration has reviewed the issue of displaying banners in the public rights-of-way and proposes immediate adoption of the proposed rules and regulations. 
Mr. PAUKEN moved the necessary legislation be prepared to approve rules and regulations regarding display of banners in public places, as presented. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting, discussed items on the agenda, and went into Executive Session to discuss purchase and sale of real estate and to review bargaining with public employees.

Mr. Carr read the following report from the Safety Committee:

Safety Committee

            The Safety Committee met on May 29, 2007 at 6:00pm with the following individuals present: committee members Rich Carr, Jenny Barlos, and Doug Brainard; Mayor Wagener, John Jezak, Dave Hazard, Sheilah McAdams, Chief Zink, Chief Monto, Bruce Wholf, and Linda Wilker from administration; Aimee St. Arnaud from Humane Ohio; and Eric Zgodzinski from the Lucas County Health Department.     
            The first matter was a subsidized spay / neuter service offered through Humane Ohio. Due to a conflict of interest, committee member Jenny Barlos was not present for the discussion. Aimee St. Arnaud, Director of Humane Ohio, requested a $2,500 subsidy from the City to offset the cost of a spay/neuter program for residents with fixed or low-incomes including senior citizens, students, military personnel and those on federal assistance. Humane Ohio would offer these spay / neuter services, at their clinic or as part of their transport program, along with rabies shots on a sliding scale. She also commented that their programs did not conflict with those of Maumee veterinarians. Chief Zink commented that the City's animal control officer is aware of the organization and has made referrals to it. Mr. Brainard requested additional time to review the proposal. The committee voted 2-0 to review the proposal further and not make a recommendation at this time. 
            The second matter was a review of a May 15 incident at the Wolcott Complex. Chiefs Zink and Monto provided a recap of the incident in which canisters containing old signaling dynamite were found in the caboose and depot on May 10. In the late afternoon of May 14, the Fire Division was notified who, in turn, contacted the Police Division early on May 15. The Police Division called the bomb squad, who removed the dynamite without a problem later that day. Committee members discussed their concern that the remaining buildings on the complex grounds may also contain dangerous items. Moreover, they were concerned with the time that lapsed between initially finding the dynamite and its removal from the premises. The committee voted unanimously to recommend that the Fire and Police Chiefs meet with Maumee Valley Historical Society Board of Directors to review the incident and that the Board (1) create emergency policies/procedures and (2) inspect current exhibits along with future acquisitions thoroughly for dangerous materials. 
            The third matter was a request from the Lucas County Health Department concerning participating in a pilot program on preparedness. Eric Zgodzinski from the Health Department commented that the original mock disaster drill had been downsized to a pandemic flu community containment tabletop exercise to be held on August 10 at St. Luke's Hospital. Since the City of Maumee was well ahead of other local communities in the area of disaster planning, the purpose of the exercise would be to focus on what Maumee's role would be in connection with a disaster / pandemic situation, thus helping the City prepare for any type of emergency. The exercise would utilize working personnel, which should result in minimal costs for the City. The Health Department is still trying to set aside money for a larger scale mock disaster drill in the future. Mr. Carr commented that he would also like the Health Department to provide presentations and educational booklets for the public. The committee unanimously voted to authorize City personnel to participate in the August 10 tabletop exercise. 
            The fourth matter was a revision to Code Section 351.22, Parking Regulations, concerning the parking of large vehicles in the right-of-way. Bruce Wholf, Chief Building and Zoning Official, stated that there was a continuing problem with commercial vehicles parked on public streets and this code amendment would allow greater latitude for Police Division enforcement. Mr. Wholf further stated that the proposed amendments to the parking regulations combined with the proposed Civil Code, which is in the Code Committee for review, would increase enforcement tools for the Police and Inspection Divisions. The committee unanimously voted to defer this issue until a joint meeting with the Code and Safety Committees could be scheduled to allow for public discussion of the proposed language changes. 
Respectfully submitted, 
Rich Carr, Chair 
Doug Brainard, Member 
Jenny Barlos, Member

Mr. Pauken presented the following report from the Land Use, Planning and Zoning Committee:

Land Use, Planning & Zoning Committee

            The Land Use, Planning and Zoning Committee met at 6:30 p.m. on Thursday, May 17, 2007 with the following members present: Committee members Tim Pauken, Rich Carr, and Todd Zimmerman; and Bruce Wholf, John Jezak, and Linda Wilker from the Administration. The topic was the amendment of Chapter 1135 to provide regulations for retail uses within the Fallen Timbers Overlay district. 
            Mr. Wholf presented the following background information on the topic. The amendment creates new commercial signage regulations for retail uses located within the Fallen Timbers Overlay (FTO) district that allows for more flexibility to address unique conditions for the retailers in that district, which should result in fewer appeals to the Administrative Board for variances. The Municipal Planning Commission approved the amendment at their February 26, 2007 meeting after holding a public hearing on the matter and forwarded the amendment to Council. However, due to an unforeseen issue that arose with the developer, the administration requested to send the issue to committee for further revision prior to Council approval. The administration felt the additional language revisions would still keep the signage proportional to the size of the buildings and did not object to the developer's request. Furthermore, the administration would prefer to amend the Code rather than to have the Administrative Board grant future requests for variances. 
            After some discussion and a request to reformat Section 1135.24, Schedule of Regulations for Signs in the FTO District, the committee members voted unanimously to approve the amendment of Chapter 1135 as requested by administration. Moreover, the committee members strongly urge this and future Councils to uphold any denials of variance requests made by the Administrative Board as they relate to Chapter 1135. 
Respectfully submitted, 
Tim Pauken, Chair 
Rich Carr, Member 
Todd Zimmerman, Member

Mr. CARR moved the necessary legislation be prepared to amend Chapter 1135 as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Coyle read the following report from the Public Information Committee:

Public Information Committee

            The Public Information Committee met on May 31, 2007 at 6:00 p.m. to discuss the City newsletter. Present were committee members Mr. Brainard and Mr. Coyle; representing the Mirror was Mike McCarthy; and Administration members attending were Linda Wilker, John Jezak, and Dave Hazard. 
            Discussion centered on alternatives to the newsletter from the past several years, the frequency of distribution, and cost. Last year it was published twice at an out-of-pocket expense of $6,441.21. The two years prior it was published three times at a cost of $10,986 and $11,978.19 respectively. Mr. McCarthy provided cost information and a sample of what the Mirror could do. 
            After reviewing all the information, both Administration and Council members present agreed the quality, flexibility, and cost savings provided by the Mirror made it something worth pursuing. The committee agreed this year there would be two four-page newsletters at a total cost not to exceed $5,000. The publication dates for this year are July and October. Both would be distributed to all Maumee addresses. Administration was given the responsibility for content and looking at distribution dates for 2008. 
Respectfully submitted, 
Michael Coyle, Chair 
Doug Brainard, Member

Mr. COYLE moved the necessary legislation be prepared to authorize a contract with the Mirror Newspaper at a cost not to exceed $5,000 for two four-page newsletters, one in July and the other in October, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 75 - 2007             AUTHORIZING AGREEMENT WITH OHIO CAT POWER SYSTEMS RELATIVE TO PROVISION OF REGULAR PREVENTATIVE MAINTENANCE SERVICES FOR STANDBY GENERATORS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 76 - 2007             AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO EXECUTE SETTLEMENT AGREEMENT WITH GLAXO-SMITH-KLINE, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 77 - 2007             AUTHORIZING CONTRACT WITH DUKE'S SALES AND SERVICE, INC., RELATIVE TO SANITARY SEWER ROOT CONTROL AND TREATMENT, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mrs. BARLOS moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 78 - 2007             AUTHORIZING ADDITIONAL CHANGE ORDER TO CONTRACT FOR CONSTRUCTION OF THE PUBLIC INFRASTRUCTURE FOR THE SHOPS AT FALLEN TIMBERS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 79 - 2007             AUTHORIZING EXECUTION OF AGREEMENT WITH HONDA EAST YAMAHA FOR PARTICIPATION IN WAVE RUNNER 2007 LAW LOAN PROGRAM, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

RESOLUTION NO. 80 - 2007             AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN APPLICATION WITH THE COMMUNITY PARTNERSHIP OF TOLEDO TO PARTICIPATE IN THE UNDERAGE ACCESS ENFORCEMENT PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN EMERGENCY. 
The Clerk read the Resolution by title only. 
Mr. ZIMMERMAN moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. ZIMMERMAN moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 81 - 2007             AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISON RELATIVE TO ELECTRICAL SERVICE INSTALLATION FOR THE MICHIGAN AVENUE STORM SEWER PUMPING STATION IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Pauken (6) voting yea; Zimmerman (1) abstaining; nays, none. 
Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Pauken (6) voting yea; Zimmerman (1) abstaining; nays, none. So the Ordinance was passed by a 6-0 vote.

ORDINANCE NO. 82 - 2007             APPROVING RULES OF THE DIRECTOR OF PUBLIC SAFETY FOR DISPLAY OF BANNERS IN THE PUBLIC RIGHT OF WAY OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 83 - 2007             AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, RELATIVE TO SIGNAGE FOR THE F-T-O DISTRICT, AND DECLARING AN EMERGENCY. 
The Clerk read the Ordinance by title only. 
Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. 
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn to executive session to discuss purchase/sale of real estate and to review bargaining sessions with public employees. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, June 18, 2007. Motion carried v.v.

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7:30 P.M. Monday, June 18, 2007 

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

Mr. CARR moved to suspend reading the minutes of the June 4, 2007 regular meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mayor Wagener welcomed Mr. Charlie Carr, Chairman of "Relay for Life", who presented a check with proceeds from this year's event in the amount of $57,227.36 to representatives of the American Cancer Society.

A letter from the Commissioner of Public Service requesting approval of a change order with Buckeye Asphalt Paving Company in the amount of $3,432.02, for the Rolf Park Walkway Project was read.  He stated that this project has been completed and the final quantities have been determined requiring adjustments from the bid specifications.  He also stated that this would bring the final cost of the project to $40,227.67, which is less than the amount available under the Community Development Bock Grant Program Formula Grant.
Mr. COYLE moved the necessary legislation be prepared to approve a contract amendment with Buckeye Asphalt Paving Company in the amount of $3,432.02 for the Rolf Park Walkway Project.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Amanda Wilson, Thackeray Road, as a seasonal employee for the Summer Recreation Program was read.
Mr. ZIMMERMAN moved to confirm the appointment of Amanda Wilson, as a Summer Recreation Program employee, subject to passing the required pre-employment screenings.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Melissa Jessup, Seventh Street, as a Firefighter Class I, Division of Fire, Department of Public Service, was read.
Mrs. BARLOS moved to confirm the appointment of Melissa Jessup, as a Firefighter Class I, effective June 18, 2007, subject to passing the required pre-employment screenings.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of Dennis Smith, Firefighter/EMT, Division of Fire, Department of Public Safety, effective June 1, 2007, was read.
Mr. PAUKEN moved to accept the resignation of Dennis Smith, effective June 1, 2007.  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 a pick-up truck with additional equipment and trade-in for the Division of Operations was read.  He stated that the Service Department Administration has obtained four proposals for the purchase of a new four-wheel drive pickup truck with trade-in of a 1999 truck.  He requested authorization to purchase a 2008 F-250 four-wheel drive pickup truck from Brondes Ford in the gross amount of $19,298 along with the purchase of an EZ Dumper insert and the mounting of a snowplow from Kalida Truck Equipment in the amount of $7,250.
Mr. BUEHRER moved to allow Mr. Carr to abstain due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a purchase agreement with Brondes Ford in the amount of $19,298 for a 2008 F-250 pick-up truck with trade-in of $5,000 for a 1999 GMC pick-up truck.  Roll call:  Barlos, Buehrer, Coyle, Pauken and Zimmerman (5) voting yea; Carr (1) abstaining.  The Chair declared the motion carried by a vote of 5-0.
 
Mr. BUEHRER moved the necessary legislation be prepared to authorize an agreement with Kalida Truck Equipment in the amount of $7,250 for purchase and installation of plow equipment and an EZ-Dump insert.  Roll call:  Barlos, Buehrer, Coyle, Pauken and Zimmerman (5) voting yea; Carr (1) abstaining.  The Chair declared the motion carried by a vote of 5-0.

A letter from the Commissioner of Public Service requesting authorization to purchase a leaf loader through the State Cooperative Purchasing Program was read.  He stated that the Service Department has obtained prices through the State Purchasing Program, that ODB Company, Inc., of Richmond, VA, is the authorized dealer for the State of Ohio for this type of equipment, and that they have supplied a proposal in the amount of $15,009.  He recommended the purchase of a leaf loader from ODB in the amount of $15,009, utilizing the State's Purchasing Program.
Mr. PAUKEN moved the necessary legislation be prepared to authorize a contract with ODB Company, Inc., in the amount of $15,009 for a leaf loader, as requested   All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a change order with Anderzack-Pitzen in the amount of $75,480 for Phase Three Area Two sewer construction project for roadway reconstruction was read.  He stated that, during the process of reconstructing the Parkway and Chantilly area roadways after the storm sewer was installed, it became apparent that the condition of soil sub-base would make it difficult to install and preserve the new pavement.  He stated that, rather than attempt to install pavement that may fail within a few years, it was decided that the sub-base needed to be stabilized prior to installing the stone base and pavement.  He recommended a contract change order totaling $75,480 with Anderzack-Pitzen, which would bring the contract total to $2,605,482.40.
Mr. CARR moved to allow Mr. Zimmerman to abstain due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.
Mrs. BARLOS moved the necessary legislation be prepared to authorize a change order with Anderzack-Pitzen Construction Incorporated, in the amount of $75,480 for Phase Three Area Two roadway reconstruction.   Roll call:  Barlos, Buehrer, Carr, Coyl and Pauken (5) voting yea; Zimmerman (1) abstaining.  The Chair declared the motion carried by a vote of 5-0.

A letter from the Fire Chief requesting authorization to seek bids for a breathing air compressor for the new Fire Station was read.  He stated that during the capital budgeting process, the Fire Division submitted a request for purchase of a new breathing air compressor which was put on hold until further definition of the Division's needs were developed.
Mr. CARR moved to authorize the Fire Chief to seek bids for a breathing air compressor for the new Fire Station.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director/Municipal Clerk requesting authorization to dispose of surplus electronic equipment through the Lucas County Solid Waste Management Recycling Program was read.  He stated over the past few years, the City has accumulated surplus and obsolete electronic equipment.  He added the Lucas County Solid Waste Management offers a one-time, free opportunity to recycle the equipment appropriately.   He requested that the above-mentioned equipment be declared surplus and its disposal through the Lucas County Solid Waste Management Recycling Program be authorized.
Mr. COYLE moved the necessary legislation be prepared to declare certain electronic equipment surplus and to authorize disposal through the Lucas County Solid Waste Management Recycling Program.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received by the Service Director for solid waste collection and disposal was presented.  He stated that the bid documents were written to address fuel cost concerns and to allow the bidders to be creative in their submittals in an effort to provide the most efficient service at the lowest cost.  He requested that the matter be referred to the Finance Committee.
Mr. ZIMMERMAN moved the matter of refuse and recycling services contract renewal be referred to the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting authorization of a contract with Genesis Contracting in the amount of $7,800 for upgrade of the underground storage tank at the Turnpike pump station was read.  He stated that the diesel fuel tank at the Turnpike Pump Station needs overfill protection and spill containment in order to be eligible for coverage under the state insurance fund. 
Mr. PAUKEN moved the necessary legislation be prepared authorizing a contract with Genesis Contracting in the amount of $7,800 to upgrade the diesel tank at the Turnpike Pump Station.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of an agreement with Anthony Wayne Hospital for veterinary services relative to animal control services was read.  He stated that a revised agreement with Anthony Wayne Animal Hospital, 900 Conant Street, is needed.  He requested an agreement for veterinary services relative to the stray cat control program.
Mr. CARR moved the necessary legislation be prepared to authorize a contract with Anthony Wayne Animal Hospital for veterinary services relative to the stray cat program.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting authorization to enter into an agreement with The Andersons, Inc., for a Job Creation and Retention Grant was read.  He stated that the company proposes to add 75 employees and utilize its Conant Street office building in doing so.  He recommended that a Job Creation and Retention Grant be awarded to The Andersons, Inc., in an amount of up to $10,000 annually each of the next nine (9) years.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant for The Andersons, Inc., for up to $10,000 annually for up to nine years, as recommended.  Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator regarding a request from Stoneco, Inc., to terminate their 1998 Enterprise Zone agreement with the City was read.  He stated that the terms of this agreement provide for a 75% abatement of real and personal property additions at 1360 Ford Street for a period of ten years and their decision to terminate the agreement was due in part to changes in Ohio's tax code relative to the reduction of personal property.
Mr. Buehrer asked whether this would have a positive effect on the schools.  The Administrator responded that  it would have a neutral effect on the schools.
Mr. ZIMMERMAN moved the necessary legislation be prepared to accept the termination of the 1998 Enterprise Zone agreement between the City of Maumee and Stoneco, Inc., as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting and that Mr. Dale Fallat, from The Andersons, Inc., described the company's request for a Job Creation and Retention Grant; Mr. Joe LaChapell, of MUBA, presented its current TV ad campaign; and Council Member Buehrer reviewed the report of the Public Utilities Committee meeting on June 14th. 

Mr. Buehrer read the following report from the Public Utilities Committee meeting of June 14, 2007:

                                                                                            Public Utilities Committee

                The Public Utilities Committee met on 6/14/07 at 4:00 p.m. to discuss Telecommunication Tower Ordinance.  Present were Brent Buehrer, Doug Brainard and Tim Pauken.  From Administration were Sheilah McAdams and Bruce Wholf.
                It is the recommendation of this committee to forward the June 14 draft of the Maumee Telecommunication Tower Ordinance, and to amend the current section of the Zoning Code for consistency with the proposed Telecommunication Tower Ordinance, and to schedule a Public Hearing with the Maumee Planning Commission.
                Additionally, the Public Utilities Committee requests that the matter of Telecommunication Tower Ordinance remain in committee.
Respectfully submitted,
Brent Buehrer, Chair
Douglas Brainard, Member
Timothy Pauken, Member

Mr. BUEHRER moved to refer the proposed telecommunication tower ordinance to the Maumee Planning Commission.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved the necessary legislation be prepared extending by ninety days the moratorium on applications for construction or modifications of telecommunications towers in the City.   Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. Coyle gave a verbal report of the joint meeting of the Public Information Committee and Finance and Economic Development Committee held just before tonight's Council meeting.  He stated that they met to discuss support to be provided by the City for "outside" events such as the Summer Concert planned by the Maumee Elks Lodge on Saturday, July 14, 2007.  The committees unanimously agreed to recommend authorizing the loan of picnic tables, barricades, and fencing, and to assign two police officers for security provided the Elks also hire two project officers during this event.
Mr. COYLE moved to authorize support by the City for the Elks Lodge "Summer Concert" to be held on July 14, 2007, by providing equipment for use by the Elks and limited security services.   Roll call:  All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 84 - 2007             AUTHORIZING APPROVAL OF CHANGE ORDER TO CONTRACT FOR CONSTRUCTION OF ROLF PARK WALKWAY PROJECT PHASE 1, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 85  - 2007             AUTHORIZING PURCHASE OF FORD PICK-UP TRUCK FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Coyle, Pauken and Zimmerman, (5) voting yea; Carr (1) abstaining; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Coyle, Pauken and Zimmerman, (5) voting yea; Carr (1) abstaining; nays, none.
So the Ordinance was passed by a 5-0 vote.

ORDINANCE NO. 86  - 2007             AUTHORIZING PURCHASE OF SNOWPLOWING EQUIPMENT FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Coyle, Pauken and Zimmerman, (5) voting yea; Carr (1) abstaining; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Coyle, Pauken and Zimmerman, (5) voting yea; Carr (1) abstaining; nays, none.
So the Ordinance was passed by a 5-0 vote.

ORDINANCE NO. 87  - 2007             AUTHORIZING PURCHASE OF A LEAF LOADER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.
ORDINANCE NO. 88  - 2007             AUTHORIZING APPROVAL OF A CHANGE ORDER TO CONTRACT FOR THE CONSTRUCTION OF THE PHASE THREE AREA TWO STORM SEWER PROJECT IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. BUEHRER moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle and Pauken (5) voting yea; Zimmerman (1) abstaining; nays, none.
Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle and Pauken (5) voting yea; Zimmerman (1) abstaining; nays, none.
So the Ordinance was passed. by a vote of 5-0.

ORDINANCE NO. 89  - 2007             DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 90  - 2007             AUTHORIZING EXECUTION OF CONTRACT WITH GENESIS CONTRACTING, INC., FOR TANK OVERFILL PROTECTION AND SPILL CONTAINMENT AT THE TURNPIKE PUMP STATION IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 91  - 2007             AUTHORIZING EMPLOYMENT OF ANTHONY WAYNE ANIMAL HOSPITAL RELATIVE TO VETERINARY SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mrs. BARLOS moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 92  - 2007             AUTHORIZING AWARD OF JOB CREATION AND RETENTION GRANT PROGRAM TO THE ANDERSONS, INC., AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.

ORDINANCE NO. 93  - 2007             APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Buehrer, Carr, Coyle, Pauken and Zimmerman, (6) voting yea; nays, none.
So the Ordinance was passed.

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

When Council returned to regular session, Mr. ZIMMERMAN moved to add to the agenda a letter from Mr. David Theaker for the Maumee Little League.   Roll call:  All members present voting yea, the Chair declared the motion carried.

A letter from David Theaker, Maumee Little League, requesting a donation to support the League's decision to host a state tournament in July was read.
Mr. ZIMMERMAN moved the request be referred to the Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, July 2, 2007.  Motion carried v.v.