Maumee City Council
June 2 and June 16, 2008 Minutes
7:30
P.M. Monday, June 2, 2008
Mayor Wagener presiding.
Mr. CARR moved to suspend reading the minutes of the May 19, 2008, 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 Jeff Medere, Maumee, to the
position of Lieutenant of Firefighting, Division of Fire, Department of Public
Safety, effective June 2, 2008, was read.
Mr. COYLE moved to confirm the promotion of Jeff Medere, Lieutenant of
Firefighting, effective June 2, 2008. Roll call: All members present voting yea,
the Chair declared the motion carried.
A notice from the Ohio Division of Liquor Control of the
application by Stingy Lulus LLC (dba Stingy Lulus), 1406 Reynolds Road, for
transfer of the holder of the permit was presented. The Police Chief stated that
background checks were completed and he offered no objection.
Mr. BRAINARD moved the notice be placed on file. Roll call: All members present
voting yea, the Chair declared the motion carried.
A notice from the Ohio Liquor Commission of the application by
Rite Aid of Ohio, Inc. (dba Rite Aid 6679), 127 Golden Gate, for transfer of the
holder of the permit was presented. The Police Chief stated that background
checks were completed and he offered no objection.
Mr. ZIMMERMAN moved the notice be placed on file. 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 the Maumee United Methodist Church, 405 Sackett
Street, for amendment of a Special Use Permit to allow installation of
playground equipment was read. The Secretary stated that the Municipal Planning
Commission made its recommendation with the following conditions:
1. A play area be allowed
adjacent to the northeast corner of the church school building with a waiver of
the side yard setback
requirement to fourteen feet.
2. The play area be
fenced on the east with a six-foot privacy fence and with a 42-inch fence on the
other three sides.
Mr. PAUKEN moved to allow Mr. Zimmerman to abstain due to a potential conflict
of interest. Roll call: All members present voting yea, the Chair declared the
motion carried.
Mr. PAUKEN moved the necessary legislation be prepared to approve the
application of the Maumee United Methodist Church, 405 Sackett Street, for
amendment of a Special Use Permit to allow installation of playground equipment
subject to the conditions stipulated by the Municipal Planning Commission. 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 tabulation of bids received by the Commissioner of Public
Service for ash tree removal, Phase I, was presented. He stated that four bids
were received and he recommends the low bid of Aaron Tree and Lawn, Inc.,
Toledo, in the amount of $59,889.50, which is below the estimate of $63,250.
Mrs. BARLOS moved that the bid of Aaron Tree and Lawn, Inc., be declared the
lowest and best and that the necessary legislation be prepared to authorize a
contract in the amount of $59,889.50, as requested. Roll call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Commissioner of Public Service requesting
purchase of a turf tractor for the Natural Resources Division utilizing the
State Purchasing Program was read. He stated that this piece of equipment was
authorized for replacement during the 2008 capital budget with an estimated cost
of $13,000, which included a trade-in for a 1974 White tractor. He requested
approval to purchase a New Holland tractor from A. J. Boellner, Inc., Maumee, in
the amount of $11,599 with trade-in for the 1974 White tractor valued at $2,500.
Mr. BRAINARD moved the necessary legislation be prepared to authorize a purchase
agreement with A.J. Boellner, Inc., in the net amount of $11,599 for a New
Holland turf tractor and to authorize the trade-in of a 1974 White tractor, as
requested. Roll call: All members present voting yea, the Chair declared the
motion carried.
A letter from the Service Director requesting approval of a
contract change for electrical maintenance services was read. He stated that
Pierce Electric, Inc., merged with E.T. Electric, Ltd., in 2007 and the current
rates have been in effect since 2006. He stated that E.T. Electric, Ltd., is
requesting that rates be adjusted to account for increases in labor, fuel, and
equipment cost.
Mr. BUEHRER moved the necessary legislation be prepared to approve fees per May
27, 2008, schedule for E.T. Electric, Ltd., for electrical maintenance services.
Roll call: All members present voting yea, the Chair declared the motion
carried.
Mr. Carr stated the Committee of the Whole met and discussed items on the agenda and the only issue discussed was that of the application of the Maumee United Methodist Church for amendment of a Special Use Permit to allow installation of playground equipment. He stated that representatives of the Church and neighboring property owners were present and invited to speak.
Mr. COYLE moved to refer to the Building and Lands Committee the issue of disposition of 202, 212, 214, 218, and 222 East William Street. Roll call: All members present voting yea, the Chair declared the motion carried.
Legislation was considered at this time.
ORDINANCE NO. 83 - 2008
AMENDING ORDINANCE NO. 73-1991 RELATIVE TO SPECIAL USE PERMIT FOR DAYCARE CENTER
AT MAUMEE UNITED METHODIST CHURCH AT PREMISES AT 405 SACKETT STREET, 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 and Pauken, (6) voting yea; nays none;
Zimmerman (1) abstaining.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll
call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken, (6) voting yea; nays
none; Zimmerman (1) abstaining. So the Ordinance was passed.
ORDINANCE NO. 84 - 2008
ACCEPTING BID FOR IMPROVEMENT OF VARIOUS STREETS IN THE CITY OF MAUMEE, OHIO, BY
THE REMOVAL OF CERTAIN ASH TREES, AUTHORIZING EXECUTION OF AGREEMENT, 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. 85 - 2008
AUTHORIZING CONTRACT FOR TURF TRACTOR 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, 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. 86 - 2008
AUTHORIZING EXECUTION OF A CONTRACT WITH E.T. ELECTRIC, LTD, RELATIVE TO TRAFFIC
SIGNAL AND ELECTRICAL MAINTENANCE, 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. 87 - 2008
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, 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. Roll call: All members present voting yea, the Chair declared the motion carried.
When Council returned from Executive Session, Mr. COYLE moved to adjourn until 7:30 p.m., Monday, June 16, 2008. Motion carried v.v.
***********************************************
7:30
P.M. Monday, June 16, 2008
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 June 2, 2008, 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 replacement Summer
Recreation Program employees was read. He stated that, due to individuals
declining employment, two additional appointments were made. They are: Megan
Gray, McIntyre Lane, and Nicole Soldner, Toledo.
Mrs. BARLOS moved to confirm the appointments of Megan Gray and Nicole Soldner
as Summer Recreation Program employees subject to passing the required
pre-employment screenings. Roll call: All members present voting yea, the Chair
declared the motion carried.
A notice from the Ohio Division of Liquor Control of the
application by Jeds Maumee LLC (dba Jeds), 1566 Reynolds Road, for transfer of
the holder of the permit was presented. The Police Chief stated that background
checks were completed and he offered no objection.
Mr. BRAINARD moved the notice be placed on file. Roll call: All members present
voting yea, the Chair declared the motion carried.
A notice from the Ohio Division of Liquor Control of the
application by Heritage Inn of Toledo LLC (dba Toledo Staybridge Suites), 6832
Russell Road (2300 Village Drive East, Suite 1800), for a new permit was
presented. The Police Chief stated that background checks were completed and he
offered no objection.
Mr. COYLE moved the notice be placed on file. Roll call: All members present
voting yea, the Chair declared the motion carried.
A letter from the Administrator regarding a proposal to
transfer the holder of the liquor permit at 301 River Road, was read. He stated
that a request has been received from Attorney James Reinheimer, representing
Sam and Kathy Foreman, indicating his client's desire to assume an existing
liquor permit at 301 River Road in Maumee. He added that, because the
application was obtained under the Ohio Revised Code Section 4303.29, it is
considered an economic development transfer. The Police Chief stated he had no
objection.
Mr. CARR moved to allow Mr. Buehrer to abstain due to a conflict of interest.
Roll call: All members present voting yea, the Chair declared the motion
carried.
Mr. CARR moved to authorize the administration to issue a letter stating this is
an economic development project, as requested. Roll call: Barlos, Brainard,
Carr, Coyle, Pauken and Zimmerman (6) voting yea; nays none; Buehrer (1)
abstaining. The Chair declared the motion carried by a vote of 6-0.
A letter from the Service Director requesting approval of an
engineering contract with URS Corporation to prepare plans for West Harrison
Avenue reconstruction was read. He stated the amount of the proposal ($54,600)
is greater than the budgeted amount ($40,000), but the budgeted estimate did not
account for storm water treatment requirements or bidding phase services.
Mrs. BARLOS moved the necessary legislation be prepared to approve a contract
with URS Corporation in the amount of $54,600 to provide project design and
bidding phase engineering services. Roll call: All members present voting yea,
the Chair declared the motion carried.
A letter from the Administrator requesting consideration of
the request from Assistance Dogs of America for waiver of the noise regulations
to allow a charitable fundraiser on August 23, 2008, was read. He stated that
the event would be held from 7:00 p.m. until midnight in the parking lot of
Hanson's, Inc., located at 1625 Indian Wood Circle.
Mr. CARR moved to allow Mrs. Barlos to abstain due to a conflict of interest.
Roll call: All members present voting yea, the Chair declared the motion
carried.
Mr. CARR moved to waive the noise ordinance for the Assistance Dogs of America
fundraiser on August 23, 2008 from 7:00 p.m. until midnight, as requested. Roll
call: Brainard, Buehrer, Carr, Coyle, Pauken, and Zimmerman (6) voting yea; nays
none; Barlos (1) abstaining. The Chair declared the motion carried by a vote of
6-0.
A letter from the Finance Director requesting legislation to
levy assessments for the Phase Three Area Two Sewer Separation project was read.
He stated that total project cost is $2,810,797 and assessments to 92 properties
total $250,002. He requested that legislation be prepared to levy assessments
for the Phase Three Area Two Sewer Separation project.
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 levy assessments of
$250,002 against 92 properties of the Phase Three Area Two Sewer Separation
project. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting
yea; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried
by a vote of 6-0.
A letter from the Finance Director requesting legislation to
provide for street lighting throughout the city was read. He stated that the
City provides street lighting through contract with Toledo Edison for
maintenance and operation of the system that is funded through an assessment on
all lots and lands in the city based on the type of service. He requested that
legislation be prepared declaring the necessity for the annual assessment for
street lighting in the city.
Mr. BRAINARD moved the necessary legislation be prepared to declare the
necessity to provide for street lighting throughout the city and to have the
cost be assessed against the benefited properties. Roll call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Assistant Finance Director requesting
authorization of a purchase agreement with Benefit Software, Santa Barbara,
California, in the amount of $2,465.50 for Fringe Facts Communicator software
was read. She stated that this software would be used to produce individual
employee compensation and benefit statements annually.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a purchase
agreement with Benefit Software in the amount of $2,465.50 for software with an
extended service contract. Roll call: All members present voting yea, the Chair
declared the motion carried.
A tabulation of bids received by the Commissioner of Public
Service for the annual street resurfacing project was presented. He stated that
four contractors obtained bid documents and one contractor submitted a bid. He
said that the bid exceeds the estimate of $292,000 and that he does not believe
the City could obtain a better price by rebidding the project. He recommended a
contract be awarded to the Shelly Company, in the amount of $329,953.45.
Mr. PAUKEN 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. PAUKEN moved the necessary legislation be prepared to declare the bid by the
Shelly Company to be the lowest and best and to authorize a contract with The
Shelly Company in the amount of $329,953.45, for annual resurfacing program.
Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea;
nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a
vote of 6-0.
A letter from the Service Director requesting approval of a
contract with Proudfoot Associates in the amount of $29,700 to design and
provide bidding assistance for streetscape improvements along the west side of
Conant Street between the Anthony Wayne Trail and Illinois/Indiana Avenues was
read. He stated that the project would consist of installation of period-style
decorative signal supports and mast arms at the Anthony Wayne Trail and Illinois
Avenue; installing period lighting along the west side of the street; burying
the power cable to the signals and lights; and replacing the sidewalk and drive
approaches.
Mr. COYLE moved the necessary legislation be prepared to approve a contract with
Proudfoot Associates in the amount of $29,700 for project design and bidding
assistance services. Roll call: All members present voting yea, the Chair
declared the motion carried.
A letter from the Service Director requesting authorization to
begin the sidewalk repair program in Zone Four. He stated repairs needed for
33,259 square feet have been identified as the property owners' responsibility
and for 13,087 square feet as the City's responsibility due to street tree
roots, manholes, etc. He estimated the cost of the owners' portion at
$178,356.75 with the City sharing in $48,336.75 of that cost. He estimated the
City's portion of the work at $82,719.75.
Mr. BUEHRER moved the necessary legislation be prepared to declare the necessity
of repairing sidewalks in Zone Four of the City, to provide that these
improvements be assessed against the benefited properties, and to authorize the
Administration to seek bids for improvements. Roll call: All members present
voting yea, the Chair declared the motion carried.
Mr. Carr stated the Committee of the Whole met and there were two presentations; to the Mayor and the Police Chief from Employer Support of the Guard and Reserve to recognize the City as supporting employees in military reserve units; and to City Council from United Way of Greater Toledo to recognize employee participation in the 2008 United Way campaign.
Legislation was considered at this time.
ORDINANCE NO. 88 - 2008
AUTHORIZING AGREEMENT WITH URS CORPORATION, ENGINEERS, RELATIVE TO PROJECT
DESIGN AND BIDDING ASSISTANCE ENGINEERING SERVICES FOR THE RECONSTRUCTION OF
CERTAIN PORTIONS OF WEST HARRISON STREET 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. 89 - 2008
LEVYING SPECIAL ASSESSMENTS FOR THE PROPERTY OWNERS' SHARE OF THE COST OF THE
IMPROVEMENT OF PHASE THREE AREA TWO SEWER SEPARATION PROJECT IN THE CITY OF
MAUMEE, OHIO, BY CONSTRUCTING A STORM SEWER, WITH THE NECESSARY APPURTENANCES,
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 and Pauken (6) voting yea; nays, none;
Zimmerman (1) abstaining.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll
call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken, (6) voting yea; nays,
none; Zimmerman (1) abstaining. So the Ordinance was passed.
RESOLUTION NO. 90 - 2008
DECLARING THE NECESSITY OF LIGHTING THE STREETS AND PUBLIC WAYS OF THE CITY OF
MAUMEE, OHIO, APPROVING ESTIMATED ASSESSMENTS OF THE PROPERTY OWNERS' SHARE OF
THE COSTS AND EXPENSES FOR SUCH STREET LIGHTING, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mrs. BARLOS moved the resolution 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 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. 91 - 2008
AUTHORIZING CONTRACT WITH BENEFIT SOFTWARE RELATIVE TO SOFTWARE AND EXTENDED
SERVICE CONTRACT FOR SAME FOR 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. 92 - 2008
ACCEPTING BID RELATIVE TO PAVEMENT MAINTENANCE PROGRAM OF THE CITY OF MAUMEE,
OHIO, AUTHORIZING EXECUTION OF A CONTRACT, 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 and Pauken (6) voting yea; nays, none;
Zimmerman (1) abstaining.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll
call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken, (6) voting yea; nays,
none; Zimmerman (1) abstaining. So the Ordinance was passed.
ORDINANCE NO. 93 - 2008
AUTHORIZING AGREEMENT WITH PROUDFOOT ASSOCIATES, ENGINEERS, RELATIVE TO PROJECT
DESIGN AND BIDDING ASSISTANCE SERVICES FOR EXTENSION OF THE CONANT STREET
STREETSCAPE IN THE CITY OF MAUMEE, OHIO, 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, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea;
nays, none.
Mr. ZIMMERMAN 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. 94 - 2008
DECLARING THE NECESSITY OF CONSTRUCTING, REPAIRING, AND RECONSTRUCTING CERTAIN
SIDEWALKS IN THE CITY OF MAUMEE, REQUIRING THAT ABUTTING PROPERTY OWNERS
CONSTRUCT OR REPAIR SAME, RATIFYING AND CONFIRMING NOTICES, AUTHORIZING
CONSTRUCTION, REPAIR, OR RECONSTRUCTION BY DIRECTOR OF PUBLIC SERVICE IN CERTAIN
CASES, PROVIDING FOR ASSESSMENT OF COSTS, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. BUEHRER 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. BUEHRER 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. 95 - 2008
APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
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.
Mr. CARR moved to adjourn to Executive Session to discuss lease of real estate. Roll call: All members present voting yea, the Chair declared the motion carried.
When Council returned from Executive Session, Mr. ZIMMERMAN moved to adjourn until 7:30 p.m., Monday, July 7, 2008. Motion carried v.v.