Maumee City Council 
May 1, 2005 and May 15, 2006 Minutes
 

Monday, May 1, 2006 

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 April 17, 2006, meeting and approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of a Job Creation Grant for the Ohio Rehabilitation Services Commission, tabled from April 17, 2006 meeting was presented.  The clerk stated the applicant had withdrawn the application.

Mr. CARR moved the item be removed from the agenda.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from Gregory Smith, Superintendent, Maumee City Schools, requesting the City pay its assessment for Carew Lane and sidewalks was read.

Mr. CARR moved Mr. Pauken 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 to refer the request to the Finance Committee.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle and Zimmerman (6) voting yea; nays none; Pauken (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Municipal Planning Commission recommending approval of an application for a change in zoning at 825 Ford Street from M-2 Industrial to C-2 General Commercial was read.

Mr. COYLE moved President 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. COYLE moved the matter be referred to the Land Use, Planning, and Zoning Committee.  Roll call Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; nays none; Carr (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

A letter from the Service Director requesting amendment of the electrical maintenance contract with Pierce Electric was read.  He stated that the current hourly rates have been in effect since December 2004, and the increases range from 2.7% to 3.0%.

Mr. PAUKEN moved the necessary legislation be prepared to authorize an agreement with Pierce Electric, Inc., for electrical maintenance services, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting approval of price increases from Sanitary Cleaners for uniform cleaning was read.  He stated that the last increase was in February 2005.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Sanitary Cleaners for uniform cleaning services, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting approval of an equipment service agreement for biannual service of air compressor was read.  He stated that Pneu-Matic Engineering, Inc., has proposed a contract renewal in the amount of $957.84, an increase of $50.70, for biannual maintenance and quarterly testing of air samples.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a biannual maintenance agreement with Pneu-Matic Engineering, Inc., in the amount of $957.84, 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 with Dixon Engineering to provide inspection for the painting of the Dussel Drive elevated storage tank was read.  He stated that Dixon Engineering has proposed a contract in the amount of $2,625 to provide inspection for the painting of the lower interior of the Dussel Drive elevated storage tank.  He said that the proposal outlines five separate visits at various stages of the sandblasting and painting process.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Dixon Engineering in the amount of $2,625.00 for painting inspection services, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor accepting the retirement of Mr. Cliff Schoettley, Operator, Department of Public Service, effective May 31, 2006, was read.

Mrs. BARLOS moved to confirm acceptance of the retirement, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor accepting the resignation of Jeffrey Strzesynski, Patrolman, effective April 30, 2006, was read.

Mr. CARR moved to confirm acceptance of the resignation, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Douglas Brainard to the Maumee Indoor Theater Advisory Board as Council’s representative for a one-year term, expiring April 4, 2007, was read.

Mr. ZIMMERMAN moved to confirm the appointment, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Douglas Riseborough as Superintendent of Waste Water Pumping and Distribution in the Department of Public Service, effective May 1, 2006, was read.

Mr. PAUKEN moved to confirm the appointment, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Kelsey Serfozo, West Broadway Street, to the Rolf Park Pool Staff was read.

Mrs. BARLOS moved to confirm the appointment, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting authorization to fill a Patrolman vacancy was read.

Mr. PAUKEN moved to authorize the administration to fill a Patrolman vacancy, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor requesting an amendment to Chapter 187.02 of the Maumee Codified Ordinances was read.  He requested to reduce the number of members of the Maumee Indoor Theater Advisory Board from nine to seven to facilitate gaining a quorum for meetings.

Mr. COYLE moved the necessary legislation be prepared to authorize amendment to Chapter 187.02 of the Maumee Codified Ordinances as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Clerk of Court requesting approval of a contract to install solar control window film on windows at the entry to City Hall was read.  She stated that Metro Window Films, Findlay, Ohio, has proposed a contract in the amount of $805 to install solar control window film on 16 windows facing the courtyard to reduce glare and heat gain.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Metro Window Films in the amount of $805.00, as requested.  Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) nay.  The Chair declared the motion carried by a 6-1 vote. 

A letter from the Uptown Business Association requesting certain improvements in the uptown area and other considerations, was read.

Mr. ZIMMERMAN moved Mr. Buehrer be allowed to abstain from voting due to a conflict of interest.  Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to refer the matter to the Streets Committee.  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 6-0 vote. 

A letter from the Maumee Valley Historical Society (MVHS) requesting to move a one-room schoolhouse to the Wolcott House grounds was read.  Jack Hiles, Executive Director, stated that the Box School is currently located at the corner of Box and Jeffers Roads in Grand Rapids, Ohio, and that Junior Harmon, Defiance, Ohio, has been chosen to move the building.  He said that Charles Reynolds has stated that he will donate his time as contractor on the project.  He stated that City funds will not be used for this project and that fundraisers and private and corporate donations will be sought to restore the building.

Mr. Zimmerman commended the efforts of MVHS representatives and stated his concern that previous fundraising efforts have not been as successful as planned and that costs to support the project would fall to the City.

Mr. BUEHRER moved to accept the donation of a one-room schoolhouse and refer the Maumee Valley Historical Society to work with City administration on the project.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) yea; Zimmerman (1) nay.  The Chair declared the motion carried by a 6-1 vote. 

A letter from the Finance Director requesting authorization of a contract to provide income tax collection services to the Monclova-Maumee-Toledo Joint Economic Development Zone (JEDZ) was read.  He stated that a similar proposal was authorized by Council in 2004; however, the imposition of a tax was shelved pending settlement of a taxpayer lawsuit.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize an agreement with the Monclova-Maumee-Toledo JEDZ, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting services to mitigate and clean up damages at the water tower on West Dussel Drive be declared an emergency purchase was read.  He stated that the insurance adjuster worked with the Service Department and the insurer to minimize and to clean up the damages.  He stated that Wolverine Restoration has presented bills totaling $38,998.02 for the clean up and that these charges are covered by our property insurance.

Mr. BRAINARD moved to declare clean up services performed by Wolverine Restoration in the amount of $38,998.02 an emergency purchase, and, due to the urgency,  the bidding requirement of purchases over $30,000 be waived.  Roll call: All members present voting yea, the Chair declared the motion carried. 

The Administrator requested Council discuss the purchase and sale of real estate.

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

Mr. Carr gave a verbal report from the Committee of the Whole.  He stated that the Committee of the Whole met prior to tonight’s Council meeting and items on the agenda were discussed.  Mr. Jack Hiles and Mr. Charles Reynolds of the Maumee Valley Historical Society spoke regarding a request to move schoolhouse to Wolcott House grounds. 

Mr. Zimmerman read the following report from the Finance and Economic Development Committee. 

FINANCE COMMITTEE REPORT

On April 17, 2006, the Finance Committee met to discuss the issue of a proposed change to the Job Creation and Retention Program (JCRP).  Present from the committee were Douglas Brainard, and Todd Zimmerman and Dave Hazard, Sheilah McAdams and John Jezak from the administration.  Also present was councilman Mike Coyle.

The issue addressed was a proposed amendment to the JCRP to permit governmental agencies and/or non-profit organizations to be eligible to apply for the program given that they otherwise qualify.  The reason for such an amendment was stated as the possibility of providing an incentive to governmental or non-profit companies given the right circumstances because by locating inside the City of Maumee, their employees would still be subject to paying city income tax and therefore increase the tax base.  The committee was in agreement that including such entities in the program could benefit the city.  The committee listened to possible options from the administration regarding whether rewriting the eligibility guidelines or granting waivers was the better route to incorporate governmental agencies and/or non-profit organizations.  Ultimately, it was the conclusion of the committee that changing the eligibility guidelines was a better means of achieving such a goal.

It is therefore the recommendation of the finance committee that the JCRP guidelines be changed to permit governmental and non-profit organizations to be eligible to apply for the JCRP provided that they meet the other JCRP guidelines. 

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos

Douglas Brainard 

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize JCRG guidelines be changed to allow governmental and non-profit organizations to be eligible.   Roll call: All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.        69 – 2006                AUTHORIZING EXECUTION OF CONTRACT WITH PIERCE ELECTRICAL RELATIVE TO TRAFFIC SIGNAL AND ELECTRICAL MAINTENANCE, 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:  All members present voting yea; nays, none.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call: All members present voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.      70 – 2006                AUTHORIZING EXECUTION OF CONTRACT WITH SANITARY CLEANERS RELATIVE TO DRY CLEANING OF UNIFORMS, 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: All members present voting yea; nays, none.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  All members present voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.    71 – 2006                AUTHORIZING AGREEMENT WITH PNEU-MATIC ENGINEERING, INC., RELATIVE TO PROVISION OF MAINTENANCE SERVICES FOR CERTAIN AIR COMPRESSOR IN 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:  All members present voting yea; nays, none.

Mrs. BARLOS moved the ordinance be placed on its final passage and passed.  Roll call: All members present voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.    72 – 2006                AUTHORIZING CONTRACT FOR INSPECTION SERVICES FOR INTERIOR PAINTING OF DUSSEL DRIVE WATER TOWER STRUCTURE 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:  All members present voting yea; nays, none.

Mr. CARR moved the ordinance be placed on its final passage and passed.  Roll call:  All members present voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO. 73-2006                AMENDING CHAPTER 187 OF THE MAUMEE REVISED CODE RELATIVE TO MAUMEE INDOOR THEATER ADVISORY BOARD, REPEALING CERTAIN SECTION, 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:  All members present voting yea; nays, none.

Mr. PAUKEN moved the ordinance be placed on its final passage and passed.  Roll call: All members present voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.   74 – 2006                AUTHORIZING PURCHASE AND INSTALLATION OF SOLAR CONTROL WINDOW FILM FOR THE MAUMEE MUNICIPAL COURT, 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: All members present voting yea; nays, none.

Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) yea; Buehrer (1) nay.

So the Ordinance was passed by a 6-1 vote. 

ORDINANCE NO.   75– 2006                ACCEPTING DONATION OF BOX SCHOOL FROM THE MAUMEE VALLEY HISTORICAL SOCIETY.

The Clerk read the Ordinance by title only.

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) nay.

So the Ordinance was passed by a 6-1 vote. 

ORDINANCE NO.   76– 2006                AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND MONCLOVA-MAUMEE-TOLEDO JOINT ECONOMIC DEVELOPMENT ZONE BOARD OF DIRECTORS RELATIVE TO FURNISHING OF INCOME TAX COLLECTION AND ADMINISTRATION SERVICES, 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: All members present voting yea; nays, none.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  All members present voting yea; nays, none.

So the Ordinance was passed. 

ORDINANCE NO.   77– 2006                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  All members present 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. 

During the executive session, the Mayor excused himself and departed. 

When Council returned from executive session, the President of Council assumed the Chair.

Mr. BRAINARD moved to adjourn until 7:30 p.m., Monday, May 15, 2006, carried v.v.

*************************************************

May 15, 2006 

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 the May 1, 2005, minutes be amended in regard to an agreement with the Monclova-Maumee Toledo Joint Economic Development Zone to add:  “Mr. Buehrer asked the Law Director if he could be considered to have a conflict because           his company currently has a contract with Monclova Township.  The Law Director stated that it would not be necessary for him to abstain.”  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Mayor welcomed participants in the Chamber of Commerce’s “Leadership Maumee” program. 

A letter from the City’s Tree Commission recommending changes to the Tree Ordinance was read.

Mrs. BARLOS moved the matter be referred to the Code Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting authorization of a maintenance contract for Adore FTO software was read.  He stated that the maintenance contract will expire May 31, 2006, and that MdE, Inc., has proposed  renewal of the contract in the amount of $385.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with MdE Inc. in the amount of $385, 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 amendment for engineering services to amend the Remedial Action Plan (RAP) for 214 Illinois was read.  He stated that the Bureau of Underground Storage Tanks (BUSTR) has requested additional information regarding the RAP.  He said that the Mannik and Smith Group has proposed a contract amendment in the amount of $2,850 to prepare an addendum to the RAP, as requested by BUSTR.

Mr. COYLE moved the necessary legislation be prepared to authorize a contract amendment with the Mannik and Smith Group in the amount of $2,850, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting Council authorize the administration to begin the process to fill the vacancy created by a planned retirement was read.  He stated that the Ambulance Bureau Chief is expected to retire on June 30, 2006.

Mr. ZIMMERMAN moved the necessary legislation be prepared to amend the Schedule of Permanent Positions to temporarily increase the number of Ambulance Bureau Chiefs in the Division of Fire from one to two until August 31, 2006, and to authorize the Administration to advertise for the position.  Roll call: All members present voting yea, the Chair declared the motion carried. 

An application from Fiber Tower, agent for Starland Investment Company, for amendment of a Special Use Permit to allow additional antennae on a radio tower at 1375 Conant Street was presented.

Mr. BUEHRER moved the matter be referred to the Municipal Planning Commission.  Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization of a contract for training services was read.  He stated that Alan Beadle, a certified International Police Mountain Bike Association (IPMBA) instructor, has proposed a contract in the amount of $300 to provide refresher training to 12 bike officers.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Alan Beadle in an amount not to exceed $300, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Rolf Park Pool employees, playground supervisors, and special activity employees was read.  They are:  Rolf Park Pool Lifeguards:  Noah Ashner, River Road; Lauren Gardner, Toledo; Lauren Barone, Riverview Drive; Jennell Goodall, Parkway Drive South; and Erica Daney, Toledo; Playground Supervisors:  Sarah Fetters, East William Street; and Saja Khuder, River Road; and Special Activities:  Michael Gross, Toledo; Katherine Steiner, Perrysburg; Patrick James, East Broadway Street; Stacy Wampler, Oxford Court; Corey Huber, Bennington Drive; Brandon Theaker, East Indiana Avenue; and Ryan Ritter, West Dudley Street.

Mr. BRAINARD moved to confirm the appointments of 2006 Rolf Park Pool employees, playground supervisors, and special activity employees, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter by the Mayor appointing James Harding, Sr., Monclova Road, Assistant Superintendent of Wastewater Pumping and Distribution in the Department of Public Service, effective May 15, 2006, was read.

Mr. CARR moved to confirm the appointment, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter by the Mayor appointing Marge Brown, Mayor of the City of Oregon, Ohio, to the 9-1-1 Planning Committee, was read.  He stated Mayor Brown would fill a seat on the committee designated as representing small cities in Lucas County.

Mr. PAUKEN moved to confirm the appointment, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from Building & Zoning Inspector requesting adoption of the Ohio Residential Building Code was read.  He stated that adoption of the Code will also allow the Building Inspection Division to apply to be a certified residential building department and requested authorization to file such application.

Mr. PAUKEN moved the necessary legislation be prepared to adopt the Residential Code of Ohio and to authorize application to be a certified building department, as requested.  Roll call: All members present voting yea, the Chair declared the motion carried. 

Mr. Carr gave a verbal report from the Committee of the Whole.  He stated that the Committee of the Whole met prior to tonight’s Council meeting and that St. Luke’s Hospital personnel gave a Pandemic Flu presentation. 

Mr. Zimmerman read the following report from the Finance and Economic Development Committee. 

FINANCE COMMITTEE REPORT

      On April 24 and 27, 2006, the Finance Committee met to discuss the 2006 Capital Budget.  Present from the committee were Douglas Brainard, Jenny Barlos and Todd Zimmerman and Dave Hazard, Linda Wilker, Amber Rathburn, John Jezak and Larry Gamble from the administration.  Other members of the administration were present as their respective budgets were discussed.

      The committee reviewed all requested capital expenditures in detail.  Of particular focus was vehicle replacement and the miles, condition and upkeep of vehicles.  A number of projects were also pushed back a year or eliminated.  As such the proposed capital budget following the changes is attached as Exhibit A. 

      It is the committee’s unanimous recommendation that the 2006 capital budget be approved as attached in Exhibit A.

Respectfully submitted,

Todd M. Zimmerman, Chair

Jenny Barlos, Member

Douglas Brainard, Member 

Mr. ZIMMERMAN moved the necessary legislation be prepared to adopt 2006 Capital Budget as presented.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

FINANCE COMMITTEE REPORT

                Mr. Zimmerman gave a verbal report stating that on May 15, 2006, the Finance Committee met to discuss the request of Maumee City Schools for waiver of payment for cost of construction of Carew Lane and adjacent sidewalk and to consider amending the Schedule of Rates and Fees, including OBC assessments, building permit fees, Fire Prevention permit fees, swimming pool rental fees, Theater rental fees, kennel fees, and charges for copies of public records.  Present from the committee were Douglas Brainard, Jenny Barlos, and Todd Zimmerman and Dave Hazard, Larry Gamble, John Jezak and Rick Monto from the administration, and William Krosky, Fred Collins, and Laura Kilisch.

                The committee reviewed the agreement made with the Board of Education wherein the City provided property for construction of a new school building and the Board agreed to the subject costs.  It was unanimously agreed to recommend denial of the request of Maumee City Schools for waiver of payment of the assessment for construction of Carew Lane and of payment of the cost of adjacent sidewalk.

                The committee also reviewed changes to the Schedule of Rates and Fees including charges for copies, building permit fees, certain fire prevention fees, animal impoundment fees, and fees for pool rental, softball field use, and theater rentals. The committee unanimously recommended adoption of the revised fees in order to keep up with the cost of providing services.

 

Mr. ZIMMERMAN moved to approve the report and that the necessary legislation be prepared to amend the Schedule of Rates and Fees, as proposed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. Pauken read the following report from the Land Use, Planning & Zoning Committee. 

LAND USE, PLANNING & ZONING COMMITTEE REPORT

                On May 11th, 2006, Land Use, Planning, and Zoning Committee met to discuss rezoning of 825 Ford St. from M-2 to C-2 of which Jeff Morrin is the owner. Present from the committee were Tim Pauken and Todd Zimmerman. Rich Carr was not present due to a conflict of interest. Also present were Bruce Wholf from Inspection, Jim Jones from the Planning Commission, Linda Wilker from Administration and Jeff Morrin.

                Mr. Morrin was informed that there were issues relative to the property, and he was given an opportunity to respond to such. The primary concern was the violation of zoning due to retail sales taking place in the M-2 Zone. He stated he was unaware of the violations until Bruce Wholf pointed them out to him. He indicated all tenants were informed of the zoning restrictions at the time of lease. He also commented that the zoning was awfully strict in comparison to other municipalities with like zoning as it deals with retail. He ultimately admitted that there were violations, and was taking steps to become compliant.

                A second issue raised with Mr. Morrin was a non-paved parking area in the area of the parcel behind 817 and 819 Ford St.  Presently, this area has aggregate in place, but it does not contain a hard surface in accordance with Sections 1131.11(d) and 1131.13 of the Codified Ordinances. Parking was observed in this area by Larry Gamble, Service Director.

                With there being no objections from Mr. Gamble (via memo), Mr. Wholf, and with prior approval from the Planning Commission, this committee unanimously recommends and moves that the zoning change from M-2 to C-2 for 825 Ford St. be approved contingent upon the area of the parcel behind 817 and 819 Ford St. being paved for parking purposes within thirty (30) days of legislation and that the necessary legislation be prepared.

Respectfully submitted,

Tim Pauken, Chair

Todd Zimmerman, Member 

Mr. Morrin, applicant for the zoning change, stated he would improve the parking area as required by the code. 

Mr. PAUKEN moved the necessary legislation be prepared to authorize approval of a zoning change from

M-2 Industrial to C-2 General Commercial for three parcels at 825 Ford Street provided that all areas are properly improved for the intended use prior to the legislation becoming effective.  Roll call:  Buehrer, Coyle, Pauken, Zimmerman, Barlos, Brainard, voting yea; nays none; Carr (1) abstaining.  The Chair declared the motion carried by a 6-0 vote. 

Legislation was considered at this time. 

ORDINANCE NO.        78 – 2006                DECLARING A REAL AND PRESENT EMERGENCY AND AUTHORIZING CONTRACT FOR DAMAGE CLEAN-UP SERVICES FOR DUSSEL DRIVE WATER TOWER STRUCTURE, 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.      79 – 2006                REVISING JOB CREATION AND RETENTION PROGRAM GUIDELINES, REPEALING CERTAIN GUIDELINES, 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.    80 – 2006                AUTHORIZING CONTRACT WITH MdE, INC., RELATIVE TO COMPUTER SOFTWARE MAINTENANCE 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, 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.    81 – 2006                AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO PREPARATION OF AMENDMENT TO REMEDIAL ACTION PLAN FOR CITY-OWNED PROPERTY LOCATED AT 214 ILLINOIS AVENUE 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. 82-2006                AMENDING SCHEDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE, REPEALING ORDINANCE 232-2005, 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. 

ORDINANCE NO.   83 – 2006                AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND ALAN BEADLE RELATIVE TO BICYCLE PATROL TRAINING, 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.   84– 2006                APPOINTING THE HONORABLE MARGE BROWN, MAYOR OF OREGON, TO THE 9-1-1 PLANNING COMMITTEE, 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 Ordinance was passed. 

ORDINANCE NO.   85– 2006                AUTHORIZING REQUEST TO THE OHIO BOARD OF BUILDING STANDARDS TO CERTIFY THE CITY OF MAUMEE TO ENFORCE THE RESIDENTIAL CODE OF OHIO TO EXERCISE ENFORCEMENT AUTHORITY,  TO ACCEPT AND APPROVE PLANS AND SPECIFICATIONS, AND TO MAKE INSPECTIONS, AMENDING CERTAIN SECTIONS, REPEALING CERTAIN SECTIONS, 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.   86– 2006                AMENDING SCHEDULE OF RATES AND FEES IN THE CITY OF MAUMEE, OHIO, AND REPEALING CERTAIN ORDINANCE 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.  87 – 2006                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS CAPITAL EXPENDITURES.

The Clerk read the Ordinance by title only.

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.

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

When Council returned from Executive Session, Mr. CARR moved legislation be prepared to authorize a settlement of a Workers’ Compensation matter. 

ORDINANCE NO.  88 – 2006                AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO EXECUTE SETTLEMENT AGREEMENT WITH OHIO BUREAU OF WORKERS’ COMPENSATION, 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. 

Mr. Carr moved to adjourn until 7:30 p.m., Monday, June 5, 2006, carried v.v.