Maumee City Council 
May 7, 2007 and May 21, 2007 Minutes 

Monday, May 7, 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 April 16, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

Notice from the Ohio Division of Liquor Control regarding an application by PF Chang's China Bistro, Inc., for a new permit at 2300 Village Drive West, Suite 140, was read. 
Mrs. BARLOS moved to place the application on file. Roll call: All members present voting yea, the Chair declared the motion carried.

Notice from the Ohio Division of Liquor Control regarding an application by R. Fuentes, Inc., dba El Salto Mexican Restaurant, for transfer of ownership for a permit at 219 Golden Gate was read. 
Mr. PAUKEN moved to place the application on file. Roll call: All members present voting yea, the Chair declared the motion carried.

Notice from the Ohio Division of Liquor Control regarding an application by Mediterranean Restaurants, LLC, for a new permit at 1500 Holland Road was read. 
Mr. BRAINARD moved to place the application on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Playground Supervisors and Special Activity employees for the 2007 Recreation Program was read. They are: Playground Supervisors - Natalie Scarlett, Orchard View Drive; Justin Creps, Leith Street; Drew Farrell, East Carisbrook Drive; Samantha Howard, Oxford Court; Bridget Kolbow, Anderson Avenue; Stephanie Schwind, Dussel Drive; and Kirby Shuey, Whitehouse, Ohio; Special Activities - Kelly Rahman, West Broadway Street; Brad LaClair, Oak Bluff, Maumee, Ohio; Jeff Fifer, Craig Road; and Sam Ziss, West Wayne Street. 
Mr. ZIMMERMAN moved to confirm the appointments of the 2007 Recreation Program Playground Supervisors and Special Activity employees as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Jacob Beck, Heathwyck Road, Maumee, Ohio, to Patrolman, Division of Police, Department of Public Safety, effective May 21, 2007, subject to passing the required substance screening and physical and psychological tests was read. 
Mr. BRAINARD moved to confirm the appointment of Jacob Beck as Patrolman in the Department of Public Safety, Division of Police, effective May 21, 2007, subject to passing the required tests/ screening. Roll call: All members present voting yea, the Chair declared the motion carried. 
The Mayor administered an oath of office to Patrolman Beck.

A letter from the Mayor accepting the resignation of Brian Knott, Equipment Operator, Water Division, effective May 1, 2007, was read. 
Mr. BUEHRER moved to confirm the acceptance of the resignation of Brian Knott, Equipment Operator, in the Department of Public Service, Division of Water, effective May 1, 2007, and to refer the matter of the Equipment Operator vacancy in the Department of Public Service to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried. 
Mr. CARR moved to delete Item 4-C from the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting approval on the appointments of the following individuals to the Maumee Indoor Theater Advisory Board for 3-year terms expiring April 4, 2010 - Deb Cramer, Centerfield Drive; Daniel Hazard, West Broadway Street; and John Hiles, Jr., Cambridge Park East; and Council Member Brainard as ex-officio member was read. 
Mr. CARR moved to confirm the appointments of Deb Cramer, Daniel Hazard, and John Hiles, Jr., to the Maumee Indoor Theater Advisory Board to three-year terms expiring April 4, 2010, and Doug Brainard to a one-year term expiring April 4, 2008. Roll call: All members present voting yea, the Chair declared the motion carried.

The appeal of Winston Vance, 332 West Broadway Street, of the Administrative Board's denial of his request to waive the building setback requirements for construction of a 28' x 45' garage at 332 West Broadway Street was presented. A letter from the Building and Zoning Inspector (5/7/07) was read. 
Mr. Carr requested permission for Mr. Vance to speak to Council. 
Mr. Vance stated that a variance would allow him to build a garage seven feet off the property line. He stated that aesthetically this would look better from the street, preserve more of his yard, and reduce the area to be paved. 
Mr. Buehrer asked if the existing pool is entirely on one lot. Mr. Vance stated it is. 
The Building and Zoning Inspector stated the two lots should be combined into one parcel. 
Mr. COYLE moved the necessary legislation be prepared approving a request to waive the building set-back requirements, as requested, for construction of a garage at 332 West Broadway. Roll call: All members present voting nay, the Chair declared the motion failed by a 0-7 vote.

A letter from the Director of Public Service regarding a request for encroachment into the City's right-of-way at 301 Clinton Street for erection of a 6-foot fence was read. He stated it does not appear that the fence will interfere with the view of traffic from the alleyway, so he has no objection provided that the property owner signs the appropriate waiver. Mr. BRAINARD moved to authorize an encroachment at 301 Clinton Street for erection of a fence, subject to the execution of the City's encroachment form. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition by Betsy Bashore, 620 Jackson Street, for vacation of right-of-way at the Anthony Wayne Trail and Jackson Street was presented. 
Mr. CARR moved to set the matter of a vacation of the Anthony Wayne Trail right-of-way at Jackson Street, for public hearing for 7:30 p.m. on May 21, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Municipal Clerk requesting authorization of a contract with the Ohio Association of Chiefs of Police (OACP) for civil service testing was read. He stated that the Civil Service Commission has authorized testing to establish an eligibility list for Sergeant in the Police Division and that part of the testing consists of an "assessment center" which would be administered by OACP at a cost of $5,400. 
Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with the Ohio Association of Chiefs of Police in an amount not to exceed $5,400 to conduct an assessment center. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of a contract renewal with Workplace Resources to provide Employee Assistance Program (EAP) services from April 1, 2007 through March 31, 2008, was read. He stated the number of employees covered by this program is 207, the monthly rate of $1.70 per employee is unchanged, and the annual total is $4,222.80. 
Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract renewal with Workplace Resources in an amount not to exceed $4,222.80 to provide Employee Assistance Program services. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting approval of a contract with Feller, Finch and Associates in an amount not to exceed $12,000 to prepare the bid package to replace the pumps and controls at the Industrial Park Pumping Station was read. He stated that the pumps and controls are approximately 22 years old and we are experiencing problems with the system. 
Mr. COYLE moved the necessary legislation be prepared authorizing a contract with Feller, Finch and Associates in an amount not to exceed $12,000 to prepare the bid package for the Industrial Park Pumping Station. 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 Toledo Edison for the new electrical service installation at the new fire station at 220 Illinois Avenue, in the amount of $9,189 plus a $70.96 monthly PUCO charge through December, 2007 was read. He stated that, as with any new electrical service, the fee must be paid prior to Toledo Edison performing any work. 
Mr. BUEHRER 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. BUEHRER moved the necessary legislation be prepared authorizing a contract with Toledo Edison in the amount of $9,189 plus a $70.96 monthly PUCO charge through December, 2007, for the new fire station electrical service. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Pauken (6) voting yea; Zimmerman (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Director of Public Service requesting authorization to seek bids for refuse and recycling collection and disposal services for the period August 1, 2007 through July 31, 2010, was read. He stated that the current refuse contract will expire at the end of July and, although discussions were conducted with the current hauler relative to an extension at a negotiated fee, he does not recommend an extension of the current contract. 
Mr. ZIMMERMAN moved to authorize advertising for bids for refuse and recycling services for the period August 1, 2007 through July 31, 2010. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Services requesting authorization of a lease agreement with the Lucas County Commissioners for the lighted football field at the Lucas County Recreation Center was read. He stated that acceptance of the property of the site of the former Lucas County Recreation Center pool was approved in 2006 and that now it is necessary to authorize a lease agreement for the lighted football field. He also stated that, with the lease agreement, it would be necessary to establish the user fees for the facility. 
Mr. BRAINARD moved to refer to the Finance Committee the matter of a lease for the lighted football field at the Lucas County Recreation Center and the matter of fees for use of the field. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting approval of a contract for the phone and PA/paging equipment and installation for the new fire station and consideration of tying in the service yard offices phone and data network to the fire station was read. He stated existing equipment from Fire Station #1 would be moved and installed with the new equipment at the new fire station. 
Mr. BUEHRER moved the necessary legislation be prepared authorizing a contract with Executone Communications in an amount not to exceed $15,441 for the phone/PA/paging installation at the new Fire Station. Roll call: All members present voting yea, the Chair declared the motion carried. 
Mr. BUEHRER moved to refer the matter of tying in the service yard offices to the fire station phone and data network to the Finance Committee. 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, reviewed input from the Chief Building Inspector regarding a request to waive the building set-back requirements for construction of a garage at 332 West Broadway, and were introduced to a new Patrolman by the Police Chief.

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

Finance & Economic Development Committee

            On April 25, 2007, the Finance Committee met to discuss staffing/personnel levels of the fire prevention bureau. Present were Doug Brainard and Todd Zimmerman of the committee and Chief Monto, John Jezak and Linda Wilker from the administration. 
            Consistent with the Finance Committee's recommendation that most positions be reviewed prior to advertising and filling the position(s) a review of the personnel needs of the fire prevention bureau were reviewed. In light of notice of retirement of Pat Wambo, discussion regarding the numbers of inspections and nature of duties were discussed. The committee unanimously agreed that the Chief of the Bureau of Fire Inspection position should be advertised for and filled. In light of the number of inspections fire inspection does, the positive impact on both savings for the businesses and city in avoidance of fires and the additional workload anticipated with the building of the lifestyle center project, it was also the unanimous recommendation of the committee that if the chief's position is filled from within the fire inspection department, the position then left vacant should be advertised for and filled. 
Respectfully submitted, 
Todd Zimmerman, Chair 
Jenny Barlos, Member 
Doug Brainard, Member

Mr. ZIMMERMAN moved to recommend that Administration be permitted to advertise and fill the vacancy caused by the retirement of the Chief of the Bureau of Fire Inspection. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Zimmerman read the following report from the combined Finance and Economic Development and Public Information Committee:

Finance & Economic Development and Public Information Committee

            On April 24, 2007, the Finance Committee and Public Information Committees met for the purpose of addressing the City's contribution/input on different events held throughout the year. Present were Jenny Barlos, Doug Brainard, Todd Zimmerman and Mike Coyle from the two committees. Also present were Dave Hazard and Larry Gamble of the administration.   Also present were members of MUBA and the Chamber of Commerce. 
            Prior to the meeting the committees were provided information regarding particular man-hours and financial involvement with various events held in the City. In light of particular time constraints, the committees focused their attention primarily on the City's involvement with the June 16, 2007 Rock the Block event. The committee reviewed the summary of actions that had been taken and additional planning for this event in an effort to minimize costs to the City. The committee noted that the April 10, 2007 correspondence was very helpful in both summarizing what had been done and what involvement from the City was needed, while at the same time illustrating that the Chamber and MUBA had been very proactive in trying to reduce the City's monetary involvement while maintaining a safe and beneficial event. The committee unanimously recommended that the June 16, 2007 Rock the Block proceed with City involvement consistent with the April 10, 2007 correspondence. 
            It was also the committee's unanimous recommendation that the City of Maumee look into potentially making the electric hookups on the west side MEWS area permanent to reduce the need for repetitive electric setup costs in the future. If it appears that the cost to do this is significant, the administration should report this information back to the committees. Finally these issues should remain in the respective committees to address remaining involvement with other events in the future. 
Respectfully submitted, 
Todd Zimmerman, Chair, Finance 
Jenny Barlos, Member 
Doug Brainard, Member Finance and Public Information 
Mike Coyle, Chair, Public Information 
Richard Carr, Member, Public Information

Mr. ZIMMERMAN moved to authorize the City's participation in the June 16th Rock the Block event, as per the MUBA correspondence of April 10th; to recommend that the City look into making the electric hook-ups on the west side of Mews area permanent to reduce the need for repetitive electric setup costs in the future; and to retain the issue in committees. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Pauken read the following report from the Water and Sewers Committee:

Water and Sewers Committee

            A meeting was held on Thursday, May 3, 2007 at 4:30 p.m. in Council Chambers to discuss Sewer and Water infrastructure within the City of Maumee. Present were Mike Coyle, Jenny Barlos and Tim Pauken from the Water and Sewer Committee; and Larry Gamble, Joe Camp, Tim Wagener and Dave Hazard from Administration. 
            Larry Gamble and Joe Camp spent some time going over the handout they had provided detailing with some concerns they had with specific areas in water and sewer. Also provided was a strategy to begin dealing with those concerns over a period of time. 
            The uptown and Crystal/Michigan Avenue areas were cited as top concerns in water and sewer respectively. Shallow four-inch water mains in the uptown area still exist and are a problem as it relates to freezing and water flow. Flow may not be enough for a fire emergency at the hydrants. There is a capacity issue at the Crystal/Michigan Avenue area sewers. 
            It was recommended that Larry Gamble have a water distribution study performed within budget for this year. It was learned, however, that there was no money in the budget for said study. Mr. Gamble will have a quote for the study in the near future, at which time another meeting will be scheduled. 
            It was also recommended that Mr. Gamble proceed with an in-house study on sanitary sewers beginning in the uptown area, given the go-ahead to price out relining the Key Street storm sewer, and bring back to committee. At this time, no action by Council is requested.
Respectfully submitted, 
Timothy Pauken, Chair 
Jenny Barlos, Member 
Mike Coyle, Member

Legislation was considered at this time.

ORDINANCE NO. 62 - 2007             AUTHORIZING CONTRACT WITH OHIO ASSOCIATION OF CHIEFS OF POLICE RELATIVE TO POLICE SERGEANT CANDIDATE ASSESSMENT CENTER, 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. 63 - 2007             AUTHORIZING CONTRACT WITH WORKPLACE RESOURCES RELATIVE TO EMPLOYEE ASSISTANCE PROGRAM SERVICES FOR THE CITY OF MAUMEE, OHIO, 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. 64 - 2007             AUTHORIZING AGREEMENT WITH FELLER, FINCH, AND ASSOCIATES, RELATIVE TO PREPARATION OF BID PACKAGE FOR PUMP AND CONTROL REPLACEMENT AT THE INDUSTRIAL PARK PUMPING STATION, 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. 65 - 2007             AUTHORIZING EXECUTION OF CONTRACT WITH TOLEDO EDISON RELATIVE TO ELECTRICAL SERVICE INSTALLATION FOR THE NEW FIRE STATION IN THE CITY OF MAUMEE, 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, and Pauken (6) voting yea; Zimmerman (1) abstaining; nays, none. 
Mr. CARR 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. 66 - 2007             AUTHORIZING SERVICE AGREEMENT WITH EXECUTONE COMMUNICATIONS SYSTEMS, LLC, RELATIVE TO PAGING AND TELEPHONE SYSTEM INSTALLATION AT THE NEW FIRE STATION IN THE CITY OF MAUMEE, OHIO, 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. 67 - 2007             APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. 
The Clerk read the Ordinance by title only. 
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.

Mr. PAUKEN moved to adjourn to executive session to discuss a personnel matter (employee dismissal), purchase of real estate, and threatened litigation. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Buehrer excused himself at this time.

When Council returned to regular session, a letter from the Police Chief regarding the termination of Michael Bosely, Radio/Telephone Operator, Division of Police, Department of Safety, effective April 23, 2007, was read. 
Mr. CARR moved to confirm the termination of Michael Bosely, Radio/Telephone Operator, Division of Police, Department of Safety, effective April 23, 2007. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) absent. The Chair declared the motion carried by a 6-0 vote.

Mr. CARR moved to authorize filling the Dispatcher position as previously approved by Council. Roll call: Barlos, Brainard, Carr, Coyle, Pauken and Zimmerman (6) voting yea; Buehrer (1) absent. The Chair declared the motion carried by a 6-0 vote.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, May 21, 2007. Motion carried v.v.

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Monday, May 21, 2007 

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

Mr. CARR moved to suspend reading the minutes of the May 7, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor presented a donation of $22,500 for the Maumee Substance Abuse League (SAIL) to Mr. Don Adamski, of SAIL Board.

The Mayor opened a public hearing on the petition of Betsy Bashore and Robert Trumbull, 620 Jackson Street, for vacation of canal land right-of-way at Jackson Street.

A letter from the Service Director (May 17, 2007) was read. He stated that this is outside the right-of-way of the Anthony Wayne Trail, and he has no objection to the vacation provided that the property owner supplies a legal description to accompany the survey drawing. He added that language in the deed that conveyed the property from Toledo might restrict the use.

The Law Director stated that when the property was conveyed by the previous owner, the City of Toledo, its use was restricted to highway and park purposes. She added that the transaction would be a "sale" rather than a "vacation" because the property is not street right-of-way and she suggested using the vacation price of fifty cents per square foot. Mr. Carr suggested that the property owner approach the City of Toledo regarding a release from prior deed language.

Betsy Bashore stated that action by Maumee Council will help her to get the proper attention from the City of Toledo.

Mr. CARR moved to close the public hearing. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. CARR moved the necessary legislation be prepared to approve the sale of former canal land right-of-way at Jackson Street, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of Russell Todd, Firefighter/EMT, Division of Fire, Department of Safety, effective May 11, 2007, was read.
Mr. BRAINARD moved to confirm the acceptance of the resignation of Russell Todd, Firefighter/EMT, Division of Fire, Department of Safety, effective May 11, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting consideration of the installation of a barricade in the alley between West Harrison Avenue and West Broadway Street west of Cass Street was read. He stated that in 2003, Council referred a request to erect a barricade at the unimproved portion of the alley to the Service Director. He stated that a letter was received recently renewing the request and a barricade was installed. He recommended that, because this matter involves a policy issue, the issue of the installation of a barricade at the unimproved portion of the alley be decided by Council or referred to the appropriate committee for recommendation.
Mrs. BARLOS moved to refer the matter to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. PAUKEN moved to direct the Service Director to remove the barricade in the alley between West Harrison Avenue and West Broadway Street west of Cass Street until such time that the Streets Committee reports on the matter. Roll call: Pauken, Zimmerman, Brainard and Carr (4) voting yea; Barlos (1) voting nay; the Chair declared the motion carried by a 4-1 vote.

The 2006 annual report for the Maumee Indoor Theater was presented.
Mr. ZIMMERMAN moved to place the report on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting approval of a request by the Maumee Elks Lodge for permission to hold a parking lot party on July 14, 2007, with street closure was read. He noted that the matter of support from the City is currently being considered by the Finance and Public Information Committees.

|Mr. BRAINARD moved to approve the date of July 14, 2007 for the Maumee Elks Lodge #1850 parking lot party from 7-11 p.m.; authorize the closure of the 300 block of Allen Street beginning at 4:00 p.m.; and to waive the noise ordinance with the conditions that consumption and distribution of alcohol be confined to the fenced-in parking lot on the northwest corner of West Wayne and Allen Streets only and that the concert end by 11:00 p.m. Roll call: All members present voting yea, the Chair declared the motion carried.
Ms. Diane Jewell, requested permission to change the start time from 7:00 p.m. to 6:00 p.m.
Mr. BRAINARD moved to amend the hours of the parking lot party to "from 6:00 p.m. to 11:00 p.m." Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service regarding a request to allow an encroachment for improvements in the alley behind 227 East Broadway Street was read. He stated that a low rock wall is not within the paved portion of the alley and does not appear to impede the ingress and egress of vehicles along the alleyway and can be removed quickly in the event of a water main break or sanitary sewer repair. He stated he has no objection to the structure remaining at the location provided that the appropriate waiver is signed.
Mr. PAUKEN moved the necessary legislation be prepared to approve request for an encroachment for improvements in the alley behind 227 East Broadway Street, subject to the property owner signing the City's encroachment form. Roll call: All members present voting yea, the Chair declared the motion carried.

An application of St. Luke's Hospital for amendment of the Special Use Permit to allow construction of new medical office buildings at 5805 Monclova Road was presented. A letter from the Chief Building Official (May 17, 2007) was read.
Mrs. BARLOS moved to refer the matter of an application of St. Luke's Hospital for amendment of the Special Use Permit to allow construction of new medical office buildings at 5805 Monclova Road to the Planning Commission. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation to assess the cost for demolition to abate a public nuisance was read. He stated that in November, 2006, Council authorized a contract for demolition to abate a public nuisance at 660 Greenfield and that the assessment may now be levied.
Mr. PAUKEN moved the necessary legislation be prepared to appropriate $6,750 and to assess the cost for demolition to the property owner at 660 Greenfield. Roll call: All members present voting yea, the Chair declared the motion carried. A letter from the Mayor requesting approval of an agreement with the Area Office on Aging of Northwest Ohio for the 2007 Senior Nutrition Program was read. He stated that the program cost of $8,000 has not been increased in the last ten years.
Mr. ZIMMERMAN 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. ZIMMERMAN moved the necessary legislation be prepared approving an agreement with the Lucas County Senior Nutrition Program at a cost of $8,000 for 2007 services. Roll call: Pauken, Zimmerman, Barlos and Brainard (4) voting yea; Carr (1) abstaining. The Chair declared the motion carried by a vote of 4-0.

A letter from the Law Director requesting approval of an amendment to the Monclova-Maumee-Toledo Joint Economic Development Zone (MMT-JEDZ) Agreement was read. She stated the amendment is to remove from the JEDZ district approximately 14 acres of land that were rezoned for residential use and are no longer suitable for inclusion in the business/industrial tax sharing zone. She stated that Council previously authorized this amendment, but one of the other parties did not act in the time frame required by state law.
Mrs. BARLOS moved the necessary legislation be prepared to approve an amendment to the MMT-JEDZ Agreement, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator requesting approval of an amendment to the CDBG downtown grant was read. He stated that, due to greater demand in the area of private rehabilitation and a lack of clarity regarding the nature of the improvements at 200 Conant Street, he recommends that Council amend the grant application to increase the amounts dedicated to private rehabilitation by $90,000 to $340,000, to allocate $60,000 to reimburse the City's administrative costs, and to delete funds previously allocated to parking improvements ($150,000). He also recommended that Maumee request a one-year extension on the grant (to October 31, 2008) to allow the Uptown business community to take full advantage of the increased rehabilitation funds.
Mr. PAUKEN moved to approve an amendment to the CDBG downtown grant, 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 discussed items on the agenda.

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

Finance & Economic Development Committee

            On May 14, 2007, the Finance Committee met for the purpose of addressing the Water Department staffing level and rates and fees ordinance. Present were Doug Brainard and Todd Zimmerman from the Committee. Also present were Larry Gamble, John Ziss, Dave Hazard and Linda Wilker of the Administration.
            First a discussion was held regarding replacing a vacancy for an operator position in the Water Department. The department's current requirements, job duties and staffing were discussed and it was the unanimous recommendation of the committee that the position of operator should be filled.
            Next, the committee discussed the rates and fees ordinance. In general, the committee agreed with the proposed changes. Additionally, discussion was held regarding a fee for the use of the Rec Center field. The committee, after discussion of cost to the City, determined that for the first season, unanimously recommended a rate of $150 per event with an additional $50 fee for use of the lights. The entire list of the rates and fees unanimously recommended by the committee are attached as an Exhibit.
Respectfully submitted,
Todd Zimmerman, Chair
Jenny Barlos, Member
Doug Brainard, Member

Mr. Zimmerman stated that the Director of Public Service informed him that an Operator in Construction Division requested a transfer to the Water Division, which would cause a vacancy in the Construction Division.
Mr. ZIMMERMAN moved to allow Administration to advertise to fill the vacant position in the Water Division. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. ZIMMERMAN moved that legislation be prepared to amend the Schedule of Rates and Fees as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. ZIMMERMAN moved to authorize filling the prospective Operator vacancy in the Service Department caused by a transfer to fill the Water Division vacancy. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor stated that the Memorial Day Parade on Monday, May 28, will start with a ceremony at the Fire Station beginning at 8:30 a.m. followed by the parade beginning at 9:30 a.m. at Maumee United Methodist Church on Sackett Street. He encouraged everyone to attend.

Mr. BRAINARD moved to refer to the Safety Committee agenda the May 15th incident where explosives were discovered on the grounds at the Wolcott Complex. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 68 - 2007             AUTHORIZING AND INSTRUCTING THE MAYOR AND MUNICIPAL CLERK TO ENTER INTO AGREEMENT FOR THE SALE OF CERTAIN CITY OWNED REAL ESTATE IN THE CITY OF MAUMEE.
The Clerk read the Ordinance by title only.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 69 - 2007         LEVYING SPECIAL ASSESSMENT FOR THE COST OF ABATEMENT OF A NUISANCE AT 660 GREENFIELD 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: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 70 - 2007             AUTHORIZING SECOND AMENDMENT TO CONTRACT FOR JOINT ECONOMIC DEVELOPMENT ZONE WITH THE CITY OF TOLEDO, OHIO AND MONCLOVA TOWNSHIP, OHIO, AUTHORIZING THE MAYOR AND THE MUNICIPAL CLERK TO EXECUTE CONTRACT ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none. Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 71 - 2007             AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE, THE LUCAS COUNTY SENIOR NUTRITION PROGRAM, AND THE AREA OFFICE ON AGING RELATIVE TO THE SENIOR NUTRITION PROJECT IN THE CITY OF MAUMEE.
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, Pauken and Zimmerman (4), voting yea; Carr (1) abstaining. So the Ordinance was passed by a 4-0 vote.

ORDINANCE NO. 72 - 2007             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. ZIMMERMAN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 73 - 2007             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: Barlos, Brainard, Carr, Pauken and Zimmerman (5) 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.

When Council returned to regular session, Mr. CARR moved the necessary legislation be prepared approving the Drug-Free Workplace policy, as presented. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 74 - 2007             ADOPTING DRUG-FREE WORKPLACE POLICY FOR THE CITY OF MAUMEE, 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, Carr, Pauken and Zimmerman (5), voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Carr, Pauken and Zimmerman (5), voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, June 4, 2007. Motion carried v.v.