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 April 15, 2002 meeting, and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 70 – 2002 AMENDING THE MAUMEE REVISED CODE RELATIVE TO OFFICE OF THE MAYOR, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 71 – 2002 AMENDING SCHEDULE OF PERMANENT POSITIONS OF THE CITY OF MAUMEE REPEALING ORDINANCE 177-2001, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 72 – 2002 AMENDING EXHIBIT A OF ORDINANCE NO. 209-2000 RELATIVE TO CREATION OF POSITION OF COMMISSIONER OF COMMUNITY DEVELOPMENT, REPEALING CERTAIN EXHIBIT, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 73 – 2002 GRANTING PERMIT FOR AN AMENDMENT TO A SHOPPING CENTER OF INTEGRATED DESIGN RELATIVE TO MAUMEE MARKET PLACE IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 74 – 2002 GRANTING AMENDMENT TO SPECIAL USE PERMIT OF CORNERSTONE CHURCH, INC., ON CERTAIN REAL ESTATE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 75 – 2002 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. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 76 – 2002 AUTHORIZING EMPLOYMENT OF LAND DESIGN RELATIVE TO DESIGN SERVICES FOR A CERTAIN MUNICIPAL PARKING LOT IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 77 – 2002 AUTHORIZING EMPLOYMENT OF FINKBEINER, PETTIS & STROUT, INC., RELATIVE TO STORM WATER REGULATION COMPLIANCE AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 78 – 2002 DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT AND AUTHORIZING DISPOSAL. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 79 – 2002 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO AIR QUALITY ASSURANCE STUDY AT 450 WEST DUSSEL DRIVE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 80 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR CURB RAMP REPLACEMENT PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 81 – 2002 AUTHORIZING THE RELEASE OF LAND FROM THE TRUST INDENTURE AND LEASE SECURING BONDS RELATING TO ST. LUKE'S HOSPITAL AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 82 – 2002 AUTHORIZING AND INSTRUCTING THE MAYOR AND MUNICIPAL CLERK TO TRANSFER TITLE OF CERTAIN CITY OWNED REAL ESTATE IN THE CITY OF MAUMEE TO ST. LUKE'S HOSPITAL, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 83 – 2002 AUTHORIZING PURCHASE OF CERTAIN REAL PROPERTY FOR MUNICIPAL PURPOSES IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

After an executive session at the end of the meeting, Mr. CARR moved to reconsider the vote on Ordinance 83-2002. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved for passage of Ordinance 83-2002. Roll call: yeas none; Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting nay. The Chair declared the motion failed by a 0-7 vote.

A recommendation from the Municipal Planning Commission for approval of a permit for a Shopping Center of Integrated Design north of US 24 and west of Jerome Road subject to 26 conditions was read. Mr. Zimmerman stated that because of the impact of this development and the interest of the residents, he would like to hold a hearing at a site suitable for a large number of people. Mr. ZIMMERMAN moved a hearing on the application be set for June 3, 2002. Roll call: All members present voting yea, the Chair declared the motion carried.

A recommendation from the Municipal Planning Commission for approval of amendment of a Special Use Permit and amendment of a permit for a Shopping Center of Integrated Design at Maumee Market Place for building and parking lot signage for Cornerstone Church was read. The Building & Zoning Inspector stated this application is for new signs and alterations to existing signs. Mr. Buehrer moved the necessary legislation be prepared to authorize amendment of a Special Use Permit and legislation to authorize a permit for Shopping Center of Integrated Design at Maumee Market Place for building and parking lot signage for Cornerstone Church, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

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

A letter from Cathy Eppard requesting a donation for the Little League Challenger Division tournament was read. She stated the request is for $2,500. Mr. CARR moved to authorize donation of $2,500 to the Little League Challenger Division tournament, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Michael Vaughn to Firefighter Class I, 1115 Key Street, 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 Mayor appointing summer Service Department and Recreation Division workers was read. Appointed to summer Service Department: Leigh Ann Westenkirchner, 1473 Wilderness Drive; Amber Graven, 1324 Winghaven Road; Cameron Nowak, 619 W. Harrison Street; Monica Monto, 2242 Willowtree Lane; Brad Bigelow, 413 E. Dudley Street; Bradley Meeker, 726 Meadow Spring Court; Sean Wheeler, 525 Greenfield Drive; Dan Noward, 1607 River Road; and Joel Drennan, 1445 Appomattox Drive. Appointed to Recreation Division: Craig R. Schultz, 2212 Mapletree Drive; Sara Wampler, 321 Oxford Court; Kathryn Tomko, 944 Joliet Drive; Adam Lark, 1215 River Road; Jacob Burmester, 404 Kent Court; Mike Stein, 307 W. Harrison Avenue; Cameron Coutcher, 1014 Richland Street; David Perez, 224 Indiana Avenue; Lauren Rupp, 1740 Cambridge Park, East; and Shannon Kubicek, 4112 Hurley Drive, Toledo. Mrs. BARLOS moved the appointments be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting a contract for landscape architect services for the parking lot at E. William & Conant Streets was read. He stated Land Design, LLC has proposed a contract to include the preparation of plans, bidding phase services and construction services in the amount of $23,000. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Land Design, LLC in the amount of $23,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of a contract with Finkbeiner, Pettis & Strout, Inc., to assist in preparation of a Storm Water Management Plan was read. He stated the City must comply with the Phase II Storm Water Regulations by filing a "Notice of Intent" and "Storm Water Management Plan" by March 10, 2003. He further stated Finkbeiner, Pettis and Strout, Inc. has submitted a proposal, which is separate from a similar TMACOG effort, in the amount of $19,700 to assist in the preparation of a "Storm Water Management Plan" and storm water design standards. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Finkbeiner, Pettis and Strout, Inc., in the amount of $19,700, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting Council declare a 1967 Chevelle surplus equipment and authorize its sale was read. He stated DARE's use of the vehicle has diminished. He further stated proceeds from the sale of the vehicle will be divided between the Lucas County Prosecutor's Office, the City of Toledo Division of Police and the Maumee Division of Police with the funds to be placed in their respective Law Enforcement Trust Funds. Mr. COYLE moved the necessary legislation be prepared to declared a 1967 Chevelle surplus equipment and authorize its sale, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A petition from residents regarding street maintenance was read. The petition declared the need to improve Trailview Drive between Wall and Michigan Streets. Mr. SHOOK moved the matter be referred to the Administration. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting a contract with The Mannik & Smith Group for an Air Quality Assurance Study for the Dispatch Center was read. He stated The Mannik & Smith Group has proposed a contract in the amount of $2,195 to conduct the Air Quality Assurance Study. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with The Mannik & Smith Group in the amount of $2,195, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a change order for 2001 sidewalk ramp project was read. He stated the changes for revised ADA requirements for curb ramps were incorporated in the construction work which increased the total cost of the project. The City's portion is $4,113.75. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved the necessary legislation be prepared to authorize a change order for 2001 sidewalk ramp project in the amount of $4,113.75, as requested. Roll call: Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (6) voting yea; Barlos (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Law Director regarding the release of land from lien of trust indenture and a split of .339 acres at St. Luke's complex was read. She stated that St. Luke's recently built a building on a parcel adjacent to the City owned parcel on which the Hospital sits. The construction was located improperly and the new building encroaches on the City owned parcel. She stated two ordinances are needed to correct this by splitting off the 0.339 acres which is being encroached upon and releasing that portion from the lien of the Mortgage Revenue Bonds for the hospital. Mr. SHOOK moved the necessary legislation be prepared to authorize the Mayor and Municipal Clerk to split approximately .339 acres of land and legislation to release said unimproved real property from the lien of the Trust Indenture, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director requesting the matter of an increase in compensation for Fire Division Volunteers was read. Mr. SHOOK moved the matter be referred to the Finance Committee. 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 that questions regarding the split of .339 acres at St. Luke's complex, landscape architect services for the parking lot at E. William & Conant Streets and the request for the Little League Challenger Division were discussed.

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

Legislation was considered at this time.

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

When Council returned to regular session, Mr. CARR moved for reconsideration of Ordinance 83-2002.

Mr. SHOOK moved to adjourn until 8:00 p.m., Monday, May 20, 2002, carried v.v.

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Monday, May 20, 2002

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 6, 2002 meeting, and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 83 – 2002 AUTHORIZING AGREEMENT WITH CALGRAPH TECHNOLOGY SERVICES, INC. TO PROVISION OF EQUIPMENT MAINTENANCE SERVICES TO THE DEPARTMENT OF PUBLIC SERVICE IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 84 – 2002 AUTHORIZING EXECUTION OF AGREEMENT WITH THE CITY OF PERRYSBURG/ PERRYSBURG MUNICIPAL COURT RELATIVE TO INTERNET RECORD SEARCH PASSWORD AGREEMENT. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 85 – 2002 AUTHORIZING AGREEMENT WITH POGGEMEYER DESIGN GROUP FOR SERVICES RELATIVE TO PROPOSED NEW FIRE STATION IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 86 – 2002 AUTHORIZING AMENDMENT TO POWER SUPPLY AGREEMENT WITH WPS ENERGY SERVICES, INC., AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote. Zimmerman (1) abstaining.

A letter from the Lucas County administrator requesting the City increase the number of reserved beds at CCNO was read. He requested the City increase the number of reserved beds from nine to at least twelve due to usage. Mr. BRAINARD moved Mrs. Barlos be allowed to abstain from voting on this matter due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. ZIMMERMAN moved the matter be referred to the Municipal Court Committee. Roll call: Brainard, Buehrer, Carr, Coyle, Shook, and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

A letter from the Chief of Police requesting a review of Code provisions for animal control and towing of vehicles was read. Mr. BRAINARD moved the matters be referred to the Code Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting the 2002 Street Maintenance program be referred to the Streets Committee 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 Commissioner of Public Service requesting authorization of an equipment maintenance contract was read. He stated the annual maintenance agreement for the CalGraph Plotter in the Department of Public Service is due for renewal. Mr. BUEHRER moved the necessary legislation be prepared to authorize an agreement with Calgraph Technology Services, Inc. for a maintenance contract in the amount of $754.80, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization of an Internet Password Authorization agreement was read. She stated Maumee Municipal Court is interested in obtaining access to certain secure data of the Perrysburg Municipal Court. In order to obtain such access, a contract with Perrysburg is required, at no cost to the City, concerning the terms of usage. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Perrysburg Municipal Court for internet access, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of a contract for architectural and engineering design services was read. He stated Poggemeyer Design Group, Inc. has proposed a contract in the amount of $218,630 for architecture and engineering services for a new 24,000 square foot fire station. Mr. Buehrer stated his concern that not enough field supervision during construction was specified by the architect and asked that the administration negotiate to increase this activity. Mr. SHOOK moved that the necessary legislation be prepared to authorize a contract with Poggemeyer Design Group, Inc., in the amount or $218,630, as requested, and that the Administration arrange for more site visits. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization of contracts for electric supply agreements was read. She stated WPS Energy Services, the exclusive supplier for the City's opt-out electric supply program, has made an offer to the members of NOAC for an amendment to the existing power supply agreement which would make WPS the exclusive supplier of electricity for the City's buildings and facilities. The NOAC consultant, Palmer Energy, estimates that the agreement would generate a savings for the City of Maumee of approximately $21,000 per year during the term of the contract. Also included is a release from WPS's exclusive right to supply power to small and medium commercial accounts. Mr. CARR moved Mr. Zimmerman be allowed to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. CARR moved the necessary legislation be prepared to authorize contracts for electric supply agreements with WPS Energy Services, as requested. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Shook (6) voting yea; Zimmerman (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated that questions regarding a contract for architectural design services for a new fire station, contracts for electric supply agreements, and a memo from the Law Director regarding enacting a moratorium on "big box" development were discussed.

Mrs. Barlos read the following report from the Streets Committee. (Report in full in Minutes Journal.) Mrs. BARLOS moved Mr. Buehrer be allowed to abstain from voting due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mrs. BARLOS moved the report be approved in its entirety. Roll call: Barlos, Brainard, Carr, Coyle, Shook, and Zimmerman (6) voting yea; Buehrer (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

Mr. Coyle read the following report from the Water & Sewers Committee. (Report in full in Minutes Journal.) Mr. COYLE moved for the City adopt a policy to reimburse homeowners up to $150 for cleaning of sanitary sewer laterals obstructed by roots from only city trees and up to $75 for both city and private trees. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved Mrs. Barlos be allowed to abstain from voting on the next issue due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. COYLE moved to approve increasing the City's contracted capacity at Lucas County's Maumee River Waste Water Treatment Plant by 1 million gallons per day at an estimated cost of $175,000 annually. Roll call: Brainard, Buehrer, Carr, Coyle, Shook, and Zimmerman (6) voting yea; Barlos (1) abstaining; nays none. The Chair declared the motion carried by a 6-0 vote.

The Finance Director asked that Council prepare to receive requests for capital spending. Mr. SHOOK moved that capital appropriation requests be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the swimming program be referred to the Parks & Recreation Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved the Administration prepare a proposal to institute a moratorium on issuing permits for "big box stores" and similar development. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the improvement of Fairfield Park be referred to the Parks & Recreation 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. 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 8:00 p.m., Monday, June 3, 2002, carried v.v.

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Monday, June 3, 2002

The Council of the City of Maumee, Ohio, met on the above date and time in the Gateway Middle School auditorium 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 20, 2002 meeting, and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 87 – 2002 GRANTING A PERMIT TO NORTHWEST OHIO MALL LLC FOR A SHOPPING CENTER OF INTEGRATED DESIGN RELATIVE TO CERTAIN REAL ESTATE IN THE CITY OF MAUMEE, OHIO. Motion to pass as an emergency Failed by 4-3 vote (Buehrer, Carr, & Zimmerman voting nay). Motion to pass by Mr. COYLE. Passed by 6-1 vote (Carr (1) voting nay).

ORDINANCE NO. 88 – 2002 AMENDING THE ZONING CODE OF THE CITY OF MAUMEE, OHIO, RELATIVE TO SEXUALLY ORIENTED BUSINESSES, REPEALING CERTAIN SECTION, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 89 – 2002 AUTHORIZING FILING AND ACCEPTANCE OF APPLICATION FOR FUNDS FOR SPEED LIMIT AND SEAT BELT ENFORCEMENT UNDER THE SELECTIVE TRAFFIC ENFORCEMENT GRANT PROGRAM AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 90 – 2002 AUTHORIZING AMENDMENT TO AGREEMENT WITH BOARD OF COUNTY COMMISSIONERS OF LUCAS COUNTY RELATIVE TO MAUMEE RIVER WASTEWATER TREATMENT PLANT AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 91 – 2002 AUTHORIZING AGREEMENT WITH YMCA OF GREATER TOLEDO AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

ORDINANCE NO. 92 – 2002 AUTHORIZING PURCHASE OF PLAYGROUND EQUIPMENT FOR MONCLOVA PARK, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.

ORDINANCE NO. 93 – 2002 AUTHORIZING CONTRACT WITH WOOD COUNTY BUILDING INSPECTION DEPARTMENT RELATIVE TO ALTERNATE BACKUP PLAN EXAMINATION SERVICES, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 94 – 2002 AUTHORIZING EXECUTION OF CONTRACT RELATIVE TO ELECTRICAL MAINTENANCE AND TRAFFIC SIGNAL SERVICES AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 95 – 2002 AUTHORIZING EXECUTION OF SUB-RECIPIENT AGREEMENTS FOR DOWNTOWN REVITALIZATION PROGRAM AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote. Buehrer (1) abstaining.

ORDINANCE NO. 96 – 2002 AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO TRUST INDENTURE AND FIRST AMENDMENT TO LOAN AGREEMENT IN CONNECTION WITH THE AMENDMENT OF THE $3,610,000 ADJUSTABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS, SERIES 2001 (RIVERWALK/MAUMEE PROJECT) OF THE CITY OF MAUMEE, OHIO, THE PROCEEDS OF WHICH WERE LOANED TO RIVERWALK/MAUMEE LIMITED PARTNERSHIP TO FINANCE THE ACQUISITION, CONSTRUCTION, REHABILITATION, INSTALLATION AND EQUIPPING OF A MULTIFAMILY RESIDENTIAL RENTAL SENIOR HOUSING FACILITY LOCATED WITHIN THE CITY OF MAUMEE, OHIO; AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH; AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

The Mayor opened a hearing on the application of Northwest Ohio Mall LLC for a permit for a Shopping Center of Integrated Design north of US 24 and west of Jerome Road. The Secretary stated a notice of the hearing was published May 15, 2002, in the Mirror. The Mayor explained the hearing process and the Law Director explained Council's administrative roll in considering the application. The Mayor administered an oath to each person who gave testimony.

Louis Bucksbaum, Senior Vice President, General Growth Properties, Inc., introduced the applicant's presentation. Mr. Bucksbaum gave a description of the site plan for the proposed mall. He stated that the site includes 23 acres more parking than its prior application. Mr. Bucksbaum presented a six minute video tape promoting its development.

Timothy Konieczny, attorney for the applicant, stated the zoning code limits Council's consideration to 1) financial feasibility, 2) the effect on surrounding property, and 3) traffic study showing the improvements needed. He also stated his belief that these factors have been satisfied within the 26 conditions that are a part of the Planning Commission recommendation.

Jean Hartline, traffic engineer, Mannik & Smith, stated the traffic study prepared by Mannik & Smith was reviewed by a third party and has been accepted by Lucas County Engineer and the City of Maumee Service Director. She stated the plan was based on development of over 400 acres and a 10 year projection of development.

The Building & Zoning Inspector stated the site plan is based on the mall as a single building and the application does not include development of outlots. Mr. Bucksbaum stated that restaurants planned for outlots on the site would be the subject of future applications.

The Administrator/Safety Director referred to his letter of March 22, wherein he reviewed the impact of the mall on non-motorized traffic, namely pedestrians and bicyclists. He cited the requests of the Metroparks and the City's investment in the Wabash-Cannonball Bike/Hike Trail and the Fallen Timbers Battlefield. He asked that Council include a condition to require the developer to provide improvements to mitigate the adverse effects of vehicular traffic on bikers, joggers, and walkers by providing grade separated crossings for the Anthony Wayne Trail and the North East Connector. He also noted that the prior application included a grade separation at the Wabash-Cannonball Bike/Hike Trail crossing.

The Law Director stated the applicant is responsible for all the off-site improvements identified in the conditions of the approval. She added that additional improvements could be the subject of the development agreement, as well as financing for such, and that the development agreement must be executed prior to issuance of any building permits. She stated that, while a Tax Increment Financing (TIF) plan has been suggested, no formal proposal has been received. She added a TIF could benefit the developer as well as the City.

Mr. Carr expressed concern over the effectiveness of condition number 26 and the financial feasibility of the applicant, Northwest Ohio Mall LLC. Mr. Carr, Mr. Buehrer and Mr. Wagener expressed concern that a development agreement has not yet been agreed to. Mr. Bucksbaum offered as additional evidence of financial feasibility a letter dated May 2, 2002, from Bernard Freibaum, Chief Financial Officer of General Growth Properties, Inc., stating if for any reason the mall is not completed, GGP will restore the property to its prior condition.

Ray Medlin, Lathrop Co.; Jeff Vanderhorst, 711 Pierce Street; Norm Yager, 1209 Richland; Reggie Hohenberger, Northwestern Ohio Building & Construction Trades Council; Eric Rineberg, Whitehouse; Dwayne Ankney, Ottawa Hills; George Snyder, 1046 Michigan; Larry Strang, Monclova Township, spoke in support of the application. They cited the benefits of shopping at a new mall, the jobs to be created and the cooperation of the developer.

Zac Isaac, Isaac Development Corp., stated that, as owner of property east of the mall site, he will provide significant landscaping buffer to Jerome Road.

After a short recess, opponents testified. Forey Kosch, 318 E. William Street; Pauline Laurie, 124 E. Harrison Street; Bob Rumslag, 304 Lacombe; John Gouttier, 204 Ford Street; Elaine Abel, 5025 N. Jerome Road; Bill Toholski, 7359 Coder Road; John Phleghaar, 215 W. John Street; Keith Dallas, 642 Miami Manor; Ed Isaacson, 6647 Monclova Road; Tony Sagen, Western Lake Erie Sierra Club; Arthur Graham, 5151 N. Jerome Road; Craig Cheetwood, 704 W. Harrison Street; Joan Restig, 620 Pierce Street; Sally Pfleghaar, 215 W. John Street; Brian Tomko, 944 Joliet Drive; Steve Christianson, 211 W. John Street; Jim O'Brien, 1166 Key Street; Mary Goldberger, 204 E. Dudley Street; Mary Ann Duvendack, Swanton; Nancy Light, Waterville; Nancy Cramer, 219 W. John Street; and Karry Drake, 517 W. Broadway, spoke in opposition to the application. They cited concerns for traffic and road improvements, pollution, the financial feasibility, the impact on other retailers, the cost of providing services, and the negative impact on the Fallen Timbers Battlefield site. No rebuttal was offered by the applicant.

Mr. Shook expressed concern that the development agreement was not in place and questioned if pollution from vehicles had been thoroughly considered. Mr. Buehrer read a statement recapping the history of the property from its purchase by the City of Toledo to its annexation and subsequent zoning.

Mr. Carr stated his belief that the retail jobs created would be a minimal benefit to the community; that the financial feasibility standard has not been met; and that the development agreement should be settled prior to consideration of the application.

Mr. CARR moved to table the application until a development agreement is executed. Roll call: Carr (1) voting yea; Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting nay. The Chair declared the motion failed by a 1-6 vote. Mr. SHOOK moved to close the hearing. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the application of Northwest Ohio Mall LLC for a permit for a shopping center of integrated design be approved subject to 26 conditions as recommended and subject to the incorporation of the May 2 letter from Bernard Freibaum of General Growth Properties and that the necessary legislation be prepared. Roll call: Barlos, Brainard, Buehrer, Coyle, Shook and Zimmerman (6) voting yea; Carr (1) voting nay. The Chair declared the motion carried by a 6-1 vote.

A letter from the Municipal Planning Commission recommending approval of amendments to the Zoning Code to regulate sexually oriented businesses was read. The Law Director stated the amendments add language to the Zoning Code to define Sexually Oriented Businesses and set standards where none currently exists. Mr. SHOOK moved the necessary legislation be prepared to authorize approval of amendments to the Zoning Code to regulate sexually oriented businesses, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization to apply for a Selective Traffic Enforcement Grant from the State of Ohio was read. He stated the amount of the grant application is approximately $10,000 in overtime costs plus fringe benefits and approximately $5,000 in equipment costs. Mr. BRAINARD moved the necessary legislation be prepared to authorize application and acceptance of a STEP Grant, 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 Lucas County Commissioners for expansion of the Maumee River Waste Water Treatment Plant was read. He requested the City commit to purchasing one million gallons per day of capacity. 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 approve an agreement with the Lucas County Commissioners for expansion of the Maumee River Waste Water Treatment Plant, as requested. 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. BRAINARD moved to refer the matter of funding the City's portion of the plant improvements to the Finance Committee. 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.

A letter from the Service Director requesting approval of an agreement with the YMCA of Greater Toledo to provide swimming lessons as an extension of the Summer Recreation Program was read. He stated the lessons would be offered once per week at the Southwest and South Branches of the YMCA at a cost to the City of $42.00 per participant. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize approval of an agreement with the YMCA of Greater Toledo for swimming lessons, 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 the purchase of playground equipment for Monclova Park was read. He stated six vendors submitted proposals and he recommends the proposal of Miracle Recreation Equipment Company in the amount of $90,000. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Miracle Recreation Company in the amount of $90,000 for playground equipment, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A request of the Building & Zoning Inspector for a contract for back-up Building Inspector services with Wood County was read. He stated the Ohio Board of Building Standards has established staffing and certification requirements for local building authorities. In order to meet the requirements, a contract with Wood County Building Regulations for a Certified Plans Examiner for situations of unavailability due to health and or conflict of interest with the City's Plans Examiner is requested. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with the Wood County Commissioners for a Certified Plans Examiner, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting renewal of a contract with Pierce Electric was read. He stated the current rates have been in effect since January, 2001, and that these increases represent 4-1/2 to 5% increases in labor charges. Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with Pierce Electric, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator recommending approval of uptown improvement grants of the Downtown Revitalization Program was read. He stated ranking criteria were developed with the help of the consultant. The recommendation is for 16 grants ranging from $3,000 to $10,000, average $9,162.38 and total $146,598. Mr. ZIMMERMAN moved Mr. Buehrer be allowed to abstain from voting due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize approval of uptown improvement grants of the Downtown Revitalization Program, as recommended. Roll call: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining. The Chair declared the motion carried by a 6-0 vote.

A letter from the Mayor appointing James Hyland, Corey Street, to the Tree Commission for a five year term ending May 31, 2007, was read. Mr. ZIMMERMAN moved the appointment be confirmed. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting all bids for phone systems be rejected and rebidding be authorized was read. He stated the bids range from $70,458 to $204,428 due to the general description in the bid specifications, and this has made the bids difficult to analyze. Mr. COYLE moved the bids for phone systems be rejected and to authorize readvertising for bids for a phone system with voice mail. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chamber of Commerce offering the opportunity to purchase promotional maps of the Maumee area was read. Mr. SHOOK moved the matter be referred to the Administration. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation to amend the ordinance which authorized issuance of Bonds for Riverwalk/Maumee project was read. He stated that in December, 2001, bonds were sold which established certain milestone dates for the financing of the project. The developer needs additional time. Jennifer Blaser, bond counsel, stated certain agreements will require amendment to effect this change and this will not change the City's financial responsibility.

Mr. Buehrer stated his belief that the request for property tax abatement should be settled prior to considering this request. Richard Chase, attorney for Lutheran Homes Services, stated any extra costs involved will be paid by Lutheran Homes Services and that this does not change or increase the City's financial support of the project. Mr. SHOOK moved the necessary legislation be prepared to authorize amending the ordinance which authorized issuance of Bonds for Riverwalk/Maumee project, as requested. 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.

Mr. Shook gave a verbal report of the Committee of the Whole which met just prior to this meeting. He stated that information regarding the proposed amendments to the Zoning Code, amendment of the ordinance authorizing issuance of Bonds for Riverwalk/Maumee project, expansion of the Maumee River Waste Water Treatment Plant, and a contract for swimming lessons with the YMCA were discussed. Mr. Brainard read the following report from the Public Utilities Committee. (Report in full in Minutes Journal.) Mr. BRAINARD moved the report be approved in its entirety. 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. Legislation was considered at this time.

Mr. SHOOK moved to adjourn until 8:00 p.m., Monday, June 17, 2002, carried v.v.

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Monday, June 17, 2002

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 June 3, 2002 meeting (corrected to reflect 6-1 vote on Ordinance 87-2002 and failure to pass as an emergency measure) and the minutes of the June 12, 2002, meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 97 – 2002 AUTHORIZING COLLATERAL ASSIGNMENT OF PERMIT AGREEMENT WITH BUCKEYE CABLEVISION, INC. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

ORDINANCE NO. 98 – 2002 AUTHORIZING EMPLOYMENT OF JONES & HENRY ENGINEERS, LTD., RELATIVE TO PROVISION OF ENGINEERING SERVICES FOR A SEWER FLOW STRUCTURE STUDY IN THE CITY OF MAUMEE, OHIO. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 99 – 2002 AUTHORIZING AGREEMENT WITH ARCH WIRELESS FOR PAGER EQUIPMENT FOR THE DIVISION OF POLICE AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 100 – 2002 AUTHORIZING CONTRACT WITH GEDDIS PAVING AND EXCAVATING, INC., RELATIVE TO FAIRFIELD PARK, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER Passed by 6-0 vote.

ORDINANCE NO. 101 – 2002 AUTHORIZING EMPLOYMENT OF SQUIRE SANDERS & DEMPSEY, LLC, FOR LEGAL SERVICES RELATIVE TO MUNICIPAL FINANCE AND ECONOMIC DEVELOPMENT MATTERS ON BEHALF OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 5-1 vote. Carr (1) voting nay.

A letter from the Mayor appointing Dr. Donna Woodson as Maumee's representative to the Toledo-Lucas County Board of Health was read. Mr. BUEHRER moved the appointment be tabled to the July 1, 2002, meeting. Roll call: Buehrer, Carr, Coyle and Zimmerman (4) voting yea; Barlos and Brainard (2) voting nay. The Chair declared the motion carried by a 4-2 vote.

A notice from the Ohio Department of Liquor Control for a new C-1 permit at 298 West Dussel Drive for True North Energy LLC was presented. The Police Chief stated he had no reason to object to the application. Mr. ZIMMERMAN moved to place the notice on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A notice from the Ohio Department of Liquor Control for a transfer of D2, D2X, D3 and D3A permits from 301 River Road to 1500 Holland Road, Suite B, for BAS Enterprize, Inc., was presented. The Police Chief stated he had no reason to object to the application. Mr. ZIMMERMAN moved to place the notice on file. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from Marcy Kaptur and Patrick McGuire requesting donation to fund an urban land use study was read. They requested a $2,500 contribution to help fund an "Orfield" study focusing on "smart growth". Mr. BRAINARD moved to refer the matter to the Public Information Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting authorization of an agreement for a Sewer Flow Structure study was read. He stated it has been more than 27 years since the sewage flow structure was installed on Monclova Road. He further stated Jones and Henry Engineers, Ltd., has proposed a contract in the amount of $3,100 to investigate the flow structure function under the present conditions and make recommendations for modifications. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Jones and Henry Engineers, Ltd., in the amount of $3,100 to conduct a sewer flow structure study, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization of a contract for upgraded pager service was read. He stated the pager technology we are currently using is very old and some features are no longer supported. He added that the service selected from Arch Wireless offers two-way communication at a cost of $22.95 per unit-per month for up to 25 devices. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a service agreement with Arch Wireless for upgraded pager service, 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 Fairfield Park basketball court paving was read. He stated Geddis Paving & Excavating, Inc., has proposed a contract in the amount of $5,350 for the resurfacing of the old basketball court at Fairfield Park. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Geddis Paving & Excavating in the amount of $5,350, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting authorization of an agreement for legal services was read. She stated the administration is preparing for negotiations with General Growth Properties concerning the development agreement for the proposed Mall at Fallen Timbers and the possibility of tax increment financing for the mall and surrounding development. Squire Sanders & Dempsey, LLC, has served as the City's bond counsel, is well versed in all phases of tax increment financing, and has extensive experience in the negotiation of agreements for projects of this scope. Mr. Carr stated his belief that a maximum cost should be set for such an agreement. Mr. Zimmerman recommended entering into an agreement at the most recently billed hourly rate and reviewing the matter at the next Council meeting. Mr. BUEHRER moved the necessary legislation be prepared to authorize an agreement for legal services with Squire Sanders & Dempsey, LLC, and to review the agreement at the next Council meeting. Roll call: Barlos, Brainard, Buehrer, Coyle, and Zimmerman (5) voting yea; Carr (1) voting nay. The Chair declared the motion carried by a 5-1 vote.

A letter from the Finance Director regarding cost for certain employees for enrolling in the health insurance program was read. He stated that the City has a 90%-10% cost sharing plan in place for 118 unionized employees that resulted from the renewal of the AFSCME contract in May. He said appeals have been received from 37 "non-union" employees requesting this same benefit be extended to those employees. Mr. CARR moved to approve the 90/10 health insurance benefit, as requested. Roll call: Carr (1) voting yea; Barlos, Brainard, Buehrer, Coyle and Zimmerman (5) voting nay. The Chair declared the motion failed by a 1-5 vote. Mr. ZIMMERMAN moved the matter be referred to the Finance Committee. 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 that a contract for upgraded pager service, the Finance Committee meeting report, correction to the minutes of the June 3, 2002 meeting as mailed, issue of new phone system, and appointment of Maumee's representative to the Toledo-Lucas County Board of Health were discussed.

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.

The Finance Director requested the matter of purchasing a new phone system be referred to a committee of Council. Mr. ZIMMERMAN moved acquisition of a phone system be referred to the Finance Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

The Law Director requested that the City's regulations for vendors and solicitors be reviewed. Mrs. BARLOS moved Chapter 729 of the Maumee Code be referred to the Code Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. COYLE moved to refer to the Administration the matter of seeking a consultant for long term planning for the Fire Division. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mrs. BARLOS moved to adjourn to executive session to consider the purchase of real estate. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned to regular session, Mrs. BARLOS moved to adjourn until 8:00 p.m., Monday, July 1, 2002, carried v.v.