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Monday, May 5, 2003

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 and Zimmerman (6); Shook (1) absent. Mayor Wagener presiding.

Mrs. BARLOS moved to suspend reading the minutes of the April 21 and April 29, 2003 meetings and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 81 – 2003 AMENDING ORDINANCE NO. 89-1975 RELATIVE TO LOT 78 (PLAT 4) FINAL DEVELOPMENT PLAN OF HYDE PARK PLANNED UNIT DEVELOPMENT AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

ORDINANCE NO. 82 - 2003 ACCEPTING BID RELATIVE TO PLAYGROUND EQUIPMENT FOR FORD FIELD AND FAIRFIELD PARK, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 83 - 2003 ACCEPTING SANITARY SEWER EASEMENT FROM ECLAT DEVELOPMENT, LTD., AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 84 - 2003 ACCEPTING SANITARY SEWER EASEMENT FROM ST. LUKE'S HOSPITAL, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

ORDINANCE NO. 85 - 2003 AUTHORIZING EXECUTION OF AN LOCAL PUBLIC AGENCY (LPA) PROJECT AGREEMENT WITH THE OHIO DEPARTMENT OF TRANSPORTATION RELATIVE TO ANTHONY WAYNE TRAIL IMPROVEMENTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 86 - 2003 AUTHORIZING EXECUTION OF CONTRACT WITH MF ENERGY SPRAY SYSTEMS RELATIVE TO MANHOLE REHABILITATION ON RIVER ROAD IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote.

ORDINANCE NO. 87 - 2003 AUTHORIZING AGREEMENT WITH YMCA OF GREATER TOLEDO AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

ORDINANCE NO. 88 - 2003 AUTHORIZING FILING OF APPLICATIONS FOR AND ACCEPTANCE OF FUNDS UNDER THE OHIO PUBLIC WORKS COMMISSION PROGRAM CLEAN OHIO CONSERVATION PROGRAM, COMMITTING MATCHING FUNDS, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 89 - 2003 AUTHORIZING CONTRACT WITH SCHONHARDT & ASSOCIATES RELATIVE TO INFRASTRUCTURE VALUATION AND FINANCIAL ANALYSIS SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 90 - 2003 ACCEPTING SANITARY SEWER AND WATERLINE EASEMENT FROM SALISBURY/DUSSEL PARTNERSHIP, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote.

ORDINANCE NO. 91 - 2003 AUTHORIZING EMPLOYMENT OF SSOE STUDIOS/WATER TECHNOLOGY, INC. FOR DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES RELATIVE TO CITY POOL AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 92 - 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS CAPITAL EXPENDITURES. Motion to pass by Mr. CARR. Passed by 6-0 vote.

ORDINANCE NO. 93 - 2003 AUTHORIZING EXECUTION OF AGREEMENT WITH RIVERSIDE PARTNERS GROUP RELATIVE TO PURCHASE, OF CERTAIN REAL PROPERTY IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

A letter from the Mayor recusing himself from the process for selection of a Fire Chief was read. He stated Council President Shook will choose the hiring committee, conduct interviews, and serve as the appointing authority of the new Chief. Mrs. BARLOS moved the letter be placed on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director regarding access to public water supply for property to be developed near River Road and East Broadway Street was read. He stated that it has been determined adequate fire protection would be available from nearby hydrants and that the water main would not need to be extended; the house service could be obtained from the water main on Harrison Avenue. Mr. ZIMMERMAN moved Mr. Carr be allowed to abstain from voting on the matter due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. ZIMMERMAN moved to accept the Director's determination and place the letter on file. Roll call: Barlos, Brainard, Buehrer, Coyle and Zimmerman (5) voting yea; nays none; Carr (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A letter from the Mayor appointing summer seasonal workers for the Service Department was read. They are: Alexander Reese, 307 Oxford Court; Ken Westenkirchner, 1473 Wilderness Drive; Leigh Ann Westenkirchner, 1473 Wilderness Drive; Matthew Fleig, 535 Bennington Drive; Mickey Wilhelm, 409 Harris Court; and Anthony Wagener, 1919 Somerville Court. Mr. BRAINARD moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition from residents of the 200 block of John and Dudley Streets requesting the adjacent alleyway be paved was presented. Mrs. BARLOS moved the petition be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A recommendation of the Municipal Planning Commission for approval of a major modification of the Hyde Park Planned Unit Development for a room addition at 417 Kent Court was read. He stated the request is for a one story room addition (18' x 20") and the recommendation is conditioned on use of materials that match the existing house. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize approval of a major modification of the Hyde Park Planned Unit Development for a room addition at Kent Court, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation of bids received for playground equipment for Ford and Fairfield Parks was presented. The Commissioner of Public Service stated one bid was received and he recommends the bid of David Williams & Associates, dba Game Time in the amount of $43,285 be accepted. Mr. COYLE moved that the bid of David Williams & Associates be declared the lowest and best and that the necessary legislation be prepared to authorize a contract in the amount of $43,285 for the purchase of playground equipment, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of easements for sanitary sewer north of Monclova Road was read. He stated that the location of the discharge manhole for the Keystone Development made it necessary to install a portion of the pipeline outside of the Monclova Road right-of-way and that easements are needed from Eclat Development, Ltd., and St. Luke's Hospital to allow City crews to maintain the sewer system. Mrs. BARLOS moved the necessary legislation be prepared to authorize easements north of Monclova Road with Eclat Development, Ltd., and St. Lukes's Hospital, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of an agreement with ODOT regarding the improvement of Anthony Wayne Trail east of I-475 was read. He stated ODOT has approved using Urban Paving Program funding for up to 80% of the cost of the improvements with the City responsible for the remaining 20% and the City also responsible for all of the cost of improvements for compliance with the Americans with Disability Act. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize approval of the agreement with ODOT, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a contract for relining two manholes of the sanitary sewer system was read. He stated MF Energy Spray Systems of Maumee has submitted a proposal in the amount of $9,250 to spray an epoxy coating on the existing walls of two sanitary manholes in the 2500 and 2600 blocks of River Road. Mr. CARR moved the necessary legislation be prepared to authorize a contract with MF Energy Spray Systems of Maumee in the amount of $9,250, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to bid sanitary sewer repairs in the 100 block of West William Street was read. He stated that construction of improvements to the theater may threaten the sewer line and that failure of the sewer line could harm the theater building. He estimated construction costs to be $65,000. Mrs. BARLOS moved to authorize to bid the repair/replacement of the sanitary sewer in the 100 block of West William, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of an agreement with the YMCA for provision of a swim lesson program was read. He stated the lessons would run from June 23 through August 23 and would be offered once per week at the Southwest and South Branches of the YMCA. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize an agreement with the YMCA for swim lessons, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization to make application for a Clean Ohio Conservation Open Space Grant was read. He stated the grant request is in the amount of $257,500 and the City would be required to provide fifty percent match of the total project cost of $515,000. Mr. CARR moved the necessary legislation be prepared to authorize a grant application for a Clean Ohio Conservation Open Space grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of contracts with Schonhardt & Associates for infrastructure valuation services and financial analysis services was read. He stated new financial reporting standards (GASB 34) require that certain public assets be included in the reports. Don Schonhardt has submitted a proposal with a not to exceed fee of $8,000 to determine the cost of streets and other infrastructure assets. He further stated the City has many sewer projects identified and Schonhardt and Associates has submitted a proposal with a fee not to exceed $6,000 to perform a revenue study and analyze the City's funding alternatives for sewer improvements projected for the next five years. Mr. COYLE moved the necessary legislation be prepared to authorize two contracts with Schonhardt & Associates, one in the amount of $8,000 for infrastructure valuation services and one in the amount of $6,000 to perform a revenue study and analyze the City's funding alternatives for improvements, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization of easement for a water line at 1395 Ford Street (at Dussel Drive) was read. She stated the property owner is willing to grant an easement in which the owner accepts responsibility for reconstruction of the parking lot in the event that the City needs to repair the existing water and sewer facilities. Mr. CARR moved the necessary legislation be prepared to authorize easements for water line and sewer line at 1395 Ford Street, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Maumee Council for the Arts requesting approval for concerts for June 14 and July 19 and for support services for said concerts was read. Jim O'Brien, Trustee for Maumee Council for the Arts, stated the request is for: 1) approval of the dates and functions, including the necessary manpower and streets closings; 2) authorization of the Safety Department and Community Development Department to help in organizing the event and arranging logistical issues; and 3) the City contribute the cleanup service. Mr. ZIMMERMAN moved to approve the concerts for June 14 and July 19 and for Administration to coordinate support services with the Maumee Arts Council. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a contract for design and engineering services for a community swimming pool was read. He stated SSOE Studios has proposed a contract in the amount of $247,531 plus $11,000 in reimbursables for design, bidding and construction administration services for the proposed facility. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with SSOE Studios in the amount of $247,531 plus $11,000 in reimbursables, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. Barlos gave a verbal report of the Committee of the Whole which met just prior to this meeting. She stated Steve Herwat, Toledo/Lucas County Planning Commission Director, gave a presentation regarding Toledo's business regulations for sexually oriented businesses. Mrs. BARLOS moved the matter of regulating sexually oriented businesses be referred to the Code Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

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

Dave Westrick, 220 W. Wayne Street; Nancy Cramer, 210 W. John Street; Brian Tomko, 944 Joliet; and Bruce Huddleston, 1449 Thackeray Road; all spoke regarding the need to finalize the update to the zoning code and their desire to impose a moratorium on any development of large scale retail west of I-475.

Don Abel, 5025 N. Jerome Road, spoke in opposition to City support for the summer concerts planned by the Maumee Council for the Arts.

Legislation was considered at this time.

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

When Council returned to regular session, Mr. ZIMMERMAN moved to authorize the purchase of property east of the former Edison Club and south of River Road in the amount of $515,000 and that the necessary legislation be prepared. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved the use and development of the property be referred to the Buildings and Lands Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Ordinance 93 - 2003 was considered at this time.

Mr. CARR moved to adjourn until 8 p.m., Monday, May 19, 2003, carried v.v.

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Monday, May 19, 2003

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present: Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7). Mayor Wagener presiding.

Mr. SHOOK moved to suspend reading the minutes of the May 5, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 94 - 2003 AUTHORIZING AGREEMENT WITH JACK DOHENY SUPPLIES FOR CONFINED SPACE TRAINING FOR CITY EMPLOYEES AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 95 - 2003 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO CB RICHARD ELLIS, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 96 - 2003 AUTHORIZING EMPLOYMENT OF G.M. BARTON SURVEY WORK AT THE FORMER EDISON CLUB FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 97 - 2003 AUTHORIZING AGREEMENT WITH FIRST LINE FIRE EQUIPMENT SERVICES, INC., RELATIVE TO COMPRESSOR MAINTENANCE FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 98 - 2003 AUTHORIZING EXECUTION OF PARTICIPATION AGREEMENT WITH MEDICAL MUTUAL OF OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 99 - 2003 AUTHORIZING CONTRACT WITH THE CERTIX CO. RELATIVE TO PROVISION OF COMPUTER CHECK PRINTING SYSTEM SOFTWARE LICENSE AND MAINTENANCE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 100 - 2003 AUTHORIZING PURCHASE OF SEWER FLOW METERS FOR DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 101 - 2003 AMENDING THE MAUMEE REVISED CODE BY ADDING NEW CHAPTER 107 "PUBLIC EMERGENCY AND CURFEW", REPEALING CERTAIN SECTIONS, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 102 - 2003 APPROPRIATING AND TRANSFERRING FUNDS AND MAKING AN ADVANCE FOR VARIOUS EXPENDITURES. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

Mr. CARR moved a letter from Council President Shook concerning the appointment of Fire Chief be added to the agenda. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; Buehrer (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

A letter from the President of Council appointing Richard Monto, 2242 Willowtree Lane, to the position of Chief of Fire in the Department of Public Safety, effective June 1, 2003, was read. Mrs. BARLOS moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A notice from the Ohio Division of Liquor Control of a change of ownership at 310 W. Dussel Drive from Arrowhead Best Brewed Cafe', Inc., dba Giannos Pizza Cafe' to Giannos Italian Bistro, Ltd., dba Giannos Pizza Cafe' was presented. Mr. SHOOK 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 a new permit at 551 W. Dussel Drive for Harb & Harb Enterprises, LLC, dba Ground Round was presented. 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 Mayor appointing Brendan Malone, Harris Court, as summer seasonal laborer in the Service Department was read. Mr. SHOOK moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract with Doheny Supplies for confined space training services was read. He stated Jack Doheny Supplies has proposed a contract in the amount of $3,000 to provide confined space training for Water, Sewer and Fire Division personnel. He said other municipalities and outside businesses have asked to attend the training, and he recommends a charge of $150 per student from outside entities providing there is space available.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Jack Doheny Supplies in an amount not to exceed $3,000 and to authorize the training be opened to outside entities, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting approval of a Jobs Creation Grant for C.B. Richard Ellis/Reichle-Klein was read. He stated he recommends a grant in the amount of up to $16,800 payable over the next four years. Mr. COYLE moved the necessary legislation be prepared to authorize a Jobs Creation Grant to CB Richard Ellis/Reichle-Klein, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for surveying services was read. He stated G.M. Barton Survey has submitted a proposal in the amount of $650 to prepare necessary legal descriptions and drawings and to establish westerly property corners in connection with the purchase of the easterly portion of the former Toledo Edison property. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract for surveying services with G.M. Barton Survey, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Deputy Fire Chief requesting authorization of a contract for maintenance of an air compressor was read. He stated the cost of the contract with First Line Fire Equipment Service, Inc., is $735. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with First Line Fire Equipment Service, Inc., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of a participating provider agreement for ambulance services was read. He stated Medical Mutual of Ohio has requested the City join its network of providers. Mr. SHOOK moved the necessary legislation be prepared to authorize a participation agreement with Medical Mutual of Ohio, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service regarding the 2003 street maintenance and curb replacement program was read. Mrs. BARLOS moved the matter be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization of a software license and service agreement for a check printing system was read. He stated the new check signing and printing system requires execution of a software license and maintenance agreement with The Certix Co. Mrs. BARLOS moved the necessary legislation be prepared to authorize a software license and maintenance agreement with The Certix Co., as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization to purchase sewer flow meters was read. He stated Carrig and Assoc. has submitted a proposal in the amount of $14,084 for three portable electromagnetic flow meters. Mr. BUEHRER moved the necessary legislation be prepared to authorize purchase from Carrig and Assoc., three flow meters, software and mounting bands in the amount of $14,084, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting that Council hold a public hearing on a proposed Joint Economic Development Zone Agreement (JEDZ) was read. She stated a JEDZ between Monclova Township, the City of Toledo, and the City of Maumee has been proposed for a portion of the township. She added that it is essentially the same proposal as considered last year which was defeated by township voters in the November general election. Mr. SHOOK moved a public hearing be set for Monday, July 7, 2003, at 8:00 p.m. on the proposed Joint Economic Development Zone Agreement, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting notice be given to school districts and legislation be ordered to amend Community Reinvestment Area #1 was read. He stated in order to promote redevelopment in some existing commercial and industrial areas, he recommends the City consider expanding its existing Community Reinvestment Area #1. He said this includes commercial and industrial properties along Conant Street and Reynolds Road and allows the City to offer tax incentives to encourage reinvestment in this area. Mr. BRAINARD moved notices of the proposed amendment be given to affected school districts and the necessary legislation be prepared to authorize amendment of Community Reinvestment Area #1, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization to advertise for bids for construction of improvements to the Maumee Indoor Theater was read. He stated plans and specifications for construction of the Maumee Indoor Theater have been completed and the engineer's estimated cost for the project is $3.2 million. Mr. SHOOK moved to authorize advertising for bids for construction of improvements to the Maumee Indoor Theater, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to add the matter of Deputy Chief of Fire to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to authorize advertising for the position of Deputy Chief of Firefighting. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved to add threatened and pending litigation to the subjects for executive session. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR read the following report from the Safety Committee. (Report in full in Minutes Journal.) Mr. CARR moved the report be accepted in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated the Commissioner of Community Development presented plans prepared by Poggemeyer Design Group for the reconstruction and expansion of the Maumee Indoor Theater. He further stated Michael Poulos, C.B. Richard Ellis/Reichle-Klein, spoke regarding the company he represents and its Job Creation and Retention Grant application. Mr. Shook also stated a letter from the Finance Director requesting authorization of a participating provider agreement for ambulance services was discussed.

Mr. ZIMMERMAN moved a public hearing be set for Monday, June 2, 2003, at 8:00 p.m. on a proposal for a moratorium on issuing building permits for retail/commercial buildings 40,000 square feet or larger. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved to refer the matter of traffic and speeding citations on residential streets to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

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

When Council returned to regular session, Mr. CARR moved to adjourn until 8 p.m., Monday, June 2, 2003, carried v.v.

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Monday, June 2, 2003

Mrs. BARLOS moved to suspend reading the minutes of the May 19, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 103 - 2003 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO PREPARATION OF SITE REMEDIATION PLANS FOR CITY-OWNED PROPERTY IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 104 - 2003 DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT, AUTHORIZING DISPOSAL, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

RESOLUTION NO. 105 - 2003 IMPOSING A MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION OF CERTAIN LARGE-SCALE RETAIL/COMMERCIAL STRUCTURES UNTIL SEPTEMBER 2, 2003, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

RESOLUTION NO. 106 - 2003 DECLARING IT NECESSARY TO IMPROVE EAST WILLIAM STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING SANITARY SEWERS WITH THE NECESSARY APPURTENANCES, ORDERING PREPARATION OF ESTIMATED ASSESSMENTS, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-1 vote. Zimmerman (1) voting nay.

ORDINANCE NO. 107 - 2003 APPROPRIATING AND TRANSFERRING FUNDS AND MAKING AN ADVANCE FOR VARIOUS EXPENDITURES. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

Mr. BUEHRER moved pending and threatened litigation be added to the executive session. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition of Kenneth Knight for vacation of approximately six feet of Miami Manor Road adjacent to 630 Miami Manor was presented. Mr. BUEHRER moved a public hearing be set on the petition for June 16, 2003, at 8:00 p.m. and that notices of the hearing be sent to neighboring property owners. Roll call: All members present voting yea, the Chair declared the motion carried.

An application of Care Enterprises, Inc., (St. Luke's Hospital) for special use permit to allow a day care facility at 5759 Monclova Road (behind Fallen Timbers Medical Center) was presented. Mr. BRAINARD moved to refer the matter to the Municipal Planning Commission. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Maumee Summer Fair (MUBA) requesting permission to hold a Summer Fair Lot Party in the West Mews parking lot on August 15 and 16 was read. Mike Dibling, chairman, stated the lot party will be in conjunction with the 26th Annual Summer Fair. Mr. ZIMMERMAN moved to approve a lot party in the West Mews parking lot on August 15 and 16, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting Council review Riverside Cemetery operations was read. He stated Riverside Cemetery has very few grave sites available for sale in the original plat and a new section needs to be platted and made available for sale. He further requested review of burial fees, lot prices, rules and regulations, prices for monument bases, and a records system for ownership and burials. Mr. BUEHRER moved to refer the matter to the Buildings & Lands Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the President of Council requesting approval of purchase of a Maumee Walleye was read. He stated the cost of the statue is $1,000. Mr. Jim O'Brien of the Maumee Council for the Arts stated twenty Wacky Walleye statues have been ordered, fifteen have been paid for and four are completed. Mr. ZIMMERMAN moved to authorize the purchase of a Wacky Walleye statue in the amount of $1,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of an engineering contract to prepare a remediation plan for soil contamination at 214 Illinois Avenue was read. He stated the Bureau of Underground Storage Tank Regulations has directed the City to submit a remediation plan for the front parking area at 214 Illinois Avenue. Mannik and Smith Group has proposed a contract in the amount of $10,400 to prepare the remediation plan to include additional sampling, and the preparation of the remediation plan. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Mannik and Smith Group in the amount or $10,400, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting certain property be declared surplus and sold by auction on June 28 was read. He provided a list of equipment no longer in use. Mr. BUEHRER moved the necessary legislation be prepared to declare certain property as surplus and authorize its sale at auction on June 28, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook arrived at this time.

A letter from the Commissioner of Public Service requesting authorization of a contract for replacement of flooring at Fire Station 2 was read. He stated two proposals were received and he recommends the proposal of Butler Interiors of Maumee in the amount of $9,223.36 to replace carpet and tile flooring at Fire Station 2. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Butler Interiors in the amount of $9,223.36, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Two letters from the Mayor appointing seasonal summer recreation workers were read. They are, Sarah Weeks, 717 River Glen; Paige Scarlett, 437 Orchard View; Steve Case, 719 Pierce Street; Erik Barnes, 2120 River Road; Sarah Sweet, 1375 Picadilly Lane, #6; Sara Fortney, 815 Scott Street; Nicholas Porter, 579 Sugar Maple Court; Joseph Stamm, 904 Joliet; Brittany Hartford, 4129 Brogan, Toledo; and Ashley Brady, 824 Askin Street. Mr. SHOOK moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved to adjourn to executive session to discuss pending and threatened litigation. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned to regular session, the Mayor opened a public hearing on a proposal to impose a moratorium on issuing building permits for new construction of retail/commercial establishments in excess of 60,000 square feet until September 2, 2003. He stated the date of September 2 was chosen due to the length of time required to enact a change to zoning regulations and that a revision of the code is needed to address weaknesses in the current zoning regulations.

Proponents of a moratorium who addressed Council included David Westrick, 220 W. Wayne Street; Charles Carr, 1222 Winghaven; Jim O'Brien, 1166 Michigan Avenue; Brian Tomko, 944 Joliet; and Nancy Cramer, 219 W. John Street. They cited many facts and opinions including: a moratorium can be a legally acceptable method to gain time needed to finalize revisions to the zoning code, big box retail is undesirable, sprawl is undesirable and can be controlled, and that the service demands and traffic from a development which could be pursued under the existing code are undesirable.

Zac Isaac, Isaac Development Company, spoke in opposition to the moratorium. Mr. Isaac also offered a voluntary moratorium on property west of US23/I475 controlled by the Isaac Group provided a sixty day time line to complete the code revision is adopted.

The Mayor closed the public hearing.

Letters from L.A. Isaac, Isaac Development Company; Mark Rasmus, Tomahawk Development Company; and Louis Bucksbaum, General Growth Properties; in opposition to the moratorium were read.

Mr. Zimmerman stated he believes the action presents a positive image by showing the City's intent to resolve the zoning code revision.

Mr. Carr stated the City has not caused a delay in the code revision but rather allowed additional time requested by property owners for input from the property owners and the public.

Mr. Shook stated the economic development actions of the City have continued wherever possible during the revision of the code.

Mr. SHOOK moved that legislation be prepared to institute a moratorium on the issuance of building permits until September 2, 2003, for new construction of retail/commercial buildings larger than 60,000 square feet and that the City administration be directed to meet weekly with interested parties to develop design standards for C-M Commercial-Industrial districts by July 7 and to develop revisions to the sign code by July 21. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Shook read the following report from the Parks & Recreation Committee.

(Report in full in Minutes Journal.)

Mr. SHOOK moved the report be approved in its entirety. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated plans for the City's new internet website were presented.

Mr. Coyle read the following report from the Water & Sewers and Finance & Economic Development Committee.

(Report in full in Minutes Journal.)

Mr. BUEHRER moved Mr. Zimmerman be allowed to abstain from voting on the issue of Phase Three Storm Sewer Improvement Project due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to begin the assessment process by developing the assessment role for Phase Three Storm Sewer Improvement Project, Area 1, using assessment rates of $0.36 per square foot for residentially zoned parcels and $0.72 per square foot for non-residentially used or commercially zoned parcels. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Shook (6) voting yea; nays none; Zimmerman (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

Mr. COYLE moved the necessary legislation be prepared to initiate a Sanitary Sewer Improvement in the 200 block of East William Street. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle and Shook (6) voting yea; Zimmerman (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

Mr. COYLE moved Mrs. Barlos be allowed to abstain from voting on the issue an agreement with Lucas County to provide a sanitary sewer service to the Jerome/Russell Roads area. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to authorize the Service Director to work with Lucas County to provide a sanitary sewer service to the Jerome/Russell Roads area. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

Mr. COYLE moved the issue of a sanitary sewer lift station for a portion of Manitou Grounds Subdivision be removed from the Water & Sewers Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Joe Sayers, 4909 Jerome Road, addressed Council with his concerns for mounding of dirt on property adjacent to his owned by the Metroparks. He asked for assistance in reducing the mounds.

Tom Dibling, Dibling Floor Covering, addressed Council asking that the authorization of a contract for floor covering at Fire Station Number Two be reconsidered due to non-comparable specifications in the proposals submitted.

Mr. BUEHRER moved the motion made earlier in tonight's meeting to authorize a contract for installation of floor covering at Fire Station Number Two be reconsidered and repealed. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BUEHRER moved the matter be referred to the Service Department for analysis and report to Council on June 16.

Legislation was considered at this time.

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

When Council returned to regular session, Mr. CARR moved to adjourn until 8 p.m., Monday, June 16, 2003, carried v.v.

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

8 p.m. Monday, June 16, 2003

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

Mr. SHOOK moved to suspend reading the minutes of the June 2, 2003 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 108 – 2003 AUTHORIZING PURCHASE OF REPLACEMENT FLOORING FOR FIRE STATION TWO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 5-2 vote. Brainard & Shook (2) voting nay.

ORDINANCE NO. 109 – 2003 AUTHORIZING PURCHASE OF LIFE PAK 12 DEFIBRILLATOR FOR DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 110 – 2003 AUTHORIZING FILING AND ACCEPTANCE OF APPLICATION FOR FUNDS FOR TRAFFIC ENFORCEMENT UNDER THE 2004 SELECTIVE TRAFFIC ENFORCEMENT GRANT PROGRAM AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 111 - 2003 AUTHORIZING AGREEMENT WITH SAFETY COUNCIL OF NORTHWEST OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 112 – 2003 AUTHORIZING CONTRACT WITH TOLTEST, INC., RELATIVE TO PAVEMENT CORE TESTING IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 113 – 2003 APPROVING AGREEMENT BETWEEN LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO SANITARY SEWERAGE SERVICE. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 114 – 2003 AUTHORIZING AGREEMENT WITH DIXON ENGINEERING RELATIVE TO INSPECTION SERVICES FOR ELEVATED WATER STORAGE TANK FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 115 – 2003 AUTHORIZING CONTRACT WITH MARLEAU HERCULES FENCE CO. RELATIVE TO INSTALLATION OF VEHICULAR GATE ON MINGO DRIVE FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 116 – 2003 AUTHORIZING EXTENSION OF AGREEMENT WITH WASTE MANAGEMENT OF NORTHWEST OHIO, INC., FOR REFUSE COLLECTION, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 117 – 2003 AUTHORIZING AGREEMENT WITH FOSTER EXCAVATING INC., RELATIVE TO SANITARY SEWER IMPROVEMENTS IN THE 100 BLOCK OF WEST WILLIAM STREET IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote. Zimmerman (1) abstaining.

ORDINANCE NO. 118 - 2003 AUTHORIZING AGREEMENT WITH ELEGANT FINISHES RELATIVE TO PAINTING SERVICES AT THE MUNICIPAL COMPLEX AT 400 CONANT STREET IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 119 – 2003 AUTHORIZING EMPLOYMENT OF FINKBEINER, PETTIS & STROUT, INC., ENGINEERS, RELATIVE TO PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES OF COST FOR AREA 1 STORM SEWER IMPROVEMENT PROJECT IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 120 – 2003 AUTHORIZING EXECUTION OF CONTRACT RELATIVE TO ELECTRICAL MAINTENANCE AND TRAFFIC SIGNAL SERVICES AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote. Carr (1) abstaining.

ORDINANCE NO. 121 – 2003 AUTHORIZING LEASE OF MOTORCYCLE FROM SIGNATURE LEASING LLC., AUTHORIZING EXECUTION OF AGREEMENT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 122 – 2003 AUTHORIZING AGREEMENT WITH OHIO MUNICIPAL LEAGUE RELATIVE TO WORKERS' COMPENSATION GROUP RATING PLAN AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 123 – 2003 AUTHORIZING EMPLOYMENT OF PROUDFOOT ASSOCIATES, ENGINEERS, RELATIVE TO ENGINEERING SERVICES FOR CONANT STREETSCAPE AND SCENIC OVERLOOK IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 124 - 2003 APPROPRIATING AND TRANSFERRING FUNDS AND MAKING AN ADVANCE FOR VARIOUS EXPENDITURES. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

The Mayor opened the public hearing on the petition of Kenneth Knight for vacation of approximately six feet of Miami Manor Road adjacent to 630 Miami Manor was presented. The Law Director stated she spoke with the applicant regarding a permanent easement rather than a vacation of the property in order to satisfy a mortgage holder. She further stated the granting of either an easement or a vacation would not affect the access road that was the subject of the settlement of a lawsuit between the City and certain property owners of Miami Manor. Kenneth and Deborah Knight, 630 Miami Manor, stated that, when the house was built approximately 75 years ago, a portion of the driveway, a retaining wall for the driveway, and a stone wall at the foot of the property was inadvertently put on the Miami Manor right of way. They further stated in order obtain a new mortgage, the lender suggested they need to obtain six feet of Miami Manor Road that runs along the length of the property. Alan Dills, 634 Miami Manor; William Krosky, 615 Miami Manor; Joseph Ballmer, owner of 2500 River Road; Keith Dallas, 642 Miami Manor; and Fred Collins, 646 Miami Manor, all spoke in favor of the vacation. Mr. Carr asked the petitioners why they are requesting a vacation and not an easement. Mrs. Knight stated they prefer the simplicity of vacation of the property, but a perpetual easement may be acceptable to their lender. Mary Smith, 620 Miami Manor; Barney Stickles, 633 Miami Manor; and Mary Ellen Graham, 607 Miami Manor, all spoke in opposition to the vacation. They stated the belief that such vacation would lead to encroachments upon the access road to the river lots of the subdivision and that the access road was the subject of a lawsuit settled in 2001. Mrs. Smith stated that additional encroachments have been made by Mr. Knight. Mr. SHOOK moved the public hearing be closed. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the matter of the vacation of approximately six feet of Miami Manor Road adjacent to 630 Miami Manor be referred to the Land Use & Zoning Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a contract for replacement of flooring at Fire Station Two was read. He stated material specifications were established and two proposals were received. He recommended the proposal of Dibling Floor Covering, Inc., in the amount of $8,415.88. Mr. Brainard stated he would like a committee to review the process employed for this purchase. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Dibling Floor Covering, Inc., as requested. Roll call: Barlos, Buehrer, Carr, Coyle and Zimmerman (5) voting yea; Brainard and Shook (2) voting nay. The Chair declared the motion carried by a 5-2 vote.

A letter from the Mayor appointing Richard Dardenne, 1005 W. Wayne Street, to the Administrative Board, to a five year term ending December 31, 2008, was read. Mr. BRAINARD moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Barbara Dennis, 326 E. Dudley Street, as the City's representative on the Lucas County Improvement Corporation (LCIC) Board of Trustees was read. Mrs. BARLOS moved the appointment be confirmed for a term ending June 16, 2005. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Christopher Wedge, 4435 Thackeray, to Firefighter Class I in the fire division was read. Mr. BRAINARD moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director presenting a petition for street improvements from residents of Fifth Street was read. He stated the petitioners represent over 60% of the front footage of the properties that would benefit from the improvement. Mrs. BARLOS moved the matter be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of purchase of a Lifepak #12 from Medtronic Physio-Control Corp. through the State Purchasing Program was read. He stated the quote from Medtronic Physio-Control Corp. is in the amount of $21,756.32 and that the item was approved in the Capital Budget. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Medtonic Physio-Control Corp. in the amount of $21,756.32, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization to advertise for bids for a new Triple Combination Pumper was read. He stated this item was included in the City's 2003 Capital Budget. Mr. SHOOK moved to approve advertising for bids for a Triple Combination Pumper, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Donna Burghardt, 402 W. Dudley Street, requesting permission to erect a fence thirteen feet into the right of way of Kingsbury Street was read. The Service Director stated he recommends denial of the encroachment because the proposed fence will obstruct the view for drivers at the alley. Mr. SHOOK moved the matter be referred to the Land Use & Zoning Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting authorization to apply for a Selective Traffic Enforcement Program (STEP) grant was read. He stated the purpose of the selective enforcement is to reduce the total number of traffic crashes on and associated with US 24. He further stated the grant application is estimated at approximately $22,260, his estimate of overtime costs plus fringe benefits to be incurred by the City. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize application for a STEP grant, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Safety Council of Northwest Ohio requesting a donation for operations was read. Joel Kaminski, president, stated the requested amount of $1,500 is the same as in prior years. Mr. BRAINARD moved the necessary legislation be prepared to authorize donation of $1,500 to the Safety Council of Northwest Ohio, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for pavement testing services for US24 resurfacing was read. He stated the project engineer has requested that eight pavement cores be obtained on the Anthony Wayne Trail to help quantify the depth of asphalt over areas of concrete base. He further stated Toltest, Inc. has proposed a contract in the amount of $1,480 to perform these services. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Toltest, Inc., in the amount of $1,480, 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 with Lucas County for sanitary sewer service in areas in the City west of I-475 was read. He stated an agreement has been negotiated with Lucas County to provide sanitary sewer service to that portion of the City west of I-475. He further stated the agreement calls for the county to provide these services and operate and maintain the system in accordance with their rules and regulations and rate structure. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain from voting due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Lucas County to provide sanitary sewer service, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for inspection services for the West Dussel Drive water tower was read. He stated a Dixon Engineering has submitted a proposal in the amount of $3,900 to vacuum clean the interior of the tank and to inspect the interior and exterior of the tank and its appurtenances for safety and health assurances. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Dixon Engineering in the amount of $3,900, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for installation of a fence gate on Mingo Drive property was read. He stated two proposals were received to install a vehicular gate along Mingo Drive for the proposed Fire Training Facility to provide better access the property, and he recommends the proposal of Marleau Hercules in the amount of $1,146.13. Mr. CARR moved the necessary legislation be prepared to authorize a contract with Marleau Hercules in the amount of $1,146.13, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director recommending a one year extension of a contract for residential waste collection and disposal services was read. He stated the existing refuse collection contract with Waste Management provides for the negotiation of a contract extension and Waste Management has offered a one-year contract extension at a fee of $43,870 per month. He further stated the current fee is $39,645 per month. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Waste Management in the amount of $43,870 per month, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a contract for reconstruction of the sanitary sewer line in the 100 block of West William Street was read. He stated the Service Department has received three proposals for 60 lineal feet of 12" sanitary sewer replacement in the 100 block of West William Street and he recommends Foster Excavating, Inc., in the amount of $2,828. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Foster Excavating, Inc., in the amount of $2,828, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting authorization of a contract for exterior painting of Municipal Hall was read. He stated the Service Department received three proposals for painting exterior surfaces of the Municipal building complex and the Police Station and he recommends the proposal of Elegant Finishes in the amount of $5,868. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Elegant Finishes in the amount of $5,868, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract for engineering services for sewer assessment calculations and construction bidding assistance for Crystal Avenue Area 1 Storm Sewer Improvements was read. He stated Finkbeiner, Pettis and Strout has submitted a proposal in the amount of $8,700. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Finkbeiner, Pettis and Strout in the amount of $8,700, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting amendment of a contract for electrical maintenance services was read. He stated Pierce Electric's rates have been in effect since June, 2002, and they are requesting that their rates be adjusted to account for increases in labor and equipment cost. Mr. ZIMMERMAN moved Mr. Carr be allowed to abstain from voting due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the necessary legislation be prepared to authorize a rate adjustment with Pierce Electric, Inc., as requested. Roll call: Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; nays none; Carr (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

Mr. ZIMMERMAN moved a letter from the Finance Director regarding the Workers' Compensation group rating plan be added to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting authorization to enroll in the 2004 Ohio Municipal League Group Rating Plan for Workers' Compensation premiums was read. He stated the enrollment fee is $11,685 and premium savings are projected to be $103,305, for FY2004 premiums. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize enrollment in the OML Group Rating Plan for 2004. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved a letter from Proudfoot Associates requesting authorization of a contract for engineering services be added to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried. A letter from Proudfoot Associates proposing a contract for engineering services to prepare plans, specifications and contract documents for the Conant Street Sidewalk and Bridge Overlook Project was read. The Administrator/Safety Director stated the Conant Street Streetscape south of Broadway Street and a river "overlook" at the old bridge terminus will provide a pleasing entrance to the City. Mr. CARR moved the necessary legislation be prepared to authorize a contract with Proudfoot Associates in the amount of up to $17,800, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated Don Adamski, Substance Abuse Intervention League (S.A.I.L.) gave a report of the activities of S.A.I.L. for the 2002/2003 school year. Mr. SHOOK moved the report be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

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

Joseph Ballmer, 325 Gibbs Street, spoke regarding the noise ordinance and the propriety of the uptown concert sponsored by the Maumee Council for the Arts on Saturday, June 14, 2003. He requested Council withhold support in the future from similar concerts.

Mr. ZIMMERMAN moved the proposed JEDZ agreement in Monclova Township be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved the Summer Concert series be referred to the Public Information Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mr. CARR moved to adjourn until 8 p.m., Monday, July 7, 2003, carried v.v.