The Council of the City of Maumee, Ohio, met on the above date and time at 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 October 21, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 196 – 2002 AUTHORIZING ADDENDUM TO AGREEMENT WITH RIVERWALK/MAUMEE LIMITED PARTNERSHIP FOR THE DEVELOPMENT OF CERTAIN CITY OWNED REAL ESTATE IN THE CITY OF MAUMEE AND THE MAKING OF A LOAN IN CONNECTION THEREWITH, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 197 – 2002 APPROVING PRELIMINARY APPLICATION FOR PLANNED UNIT DEVELOPMENT FOR CERTAIN PROPERTY. Motion to pass by Mr. BRAINARD. Passed by 4-3 vote. Buehrer, Carr & Zimmerman (3) voting nay.

ORDINANCE NO. 198 – 2002 AUTHORIZING EXECUTION OF 2003 AGREEMENTS WITH THE CRIMINAL JUSTICE COORDINATING COUNCIL RELATIVE TO NORIS INFORMATION SYSTEM. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 199 – 2002 APPROVING CHANGE ORDER RELATIVE TO IMPROVEMENTS AT ANDERSON PARK SHELTER HOUSE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

ORDINANCE NO. 200 – 2002 AUTHORIZING EXECUTION OF CONTRACT WITH PIERCE ELECTRIC RELATIVE TO INSTALLATION OF CERTAIN BEACONS AND SIGNAGE IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER. Passed by 6-0 vote. Carr (1) abstaining.

ORDINANCE NO. 201 - 2002 AUTHORIZING EXECUTION OF AGREEMENT WITH MAUMEE CITY BOARD OF EDUCATION RELATIVE TO PURCHASE, SALE, AND LEASE OF CERTAIN REAL PROPERTY INTERESTS IN THE CITY OF MAUMEE, OHIO. Motion to pass by Mr. ZIMMERMAN. Passed by 5-0 vote. Barlos and Shook (2) abstaining.

ORDINANCE NO. 202 - 2002 AUTHORIZING CONTRACT WITH SUPERIOR COURT REPORTING RELATIVE TO TRANSCRIPTION SERVICES AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 7-0 vote.

ORDINANCE NO. 203 - 2002 AUTHORIZING EXECUTION OF GOVERNMENTAL AGGREGATION COOPERATION AGREEMENT WITH THE CITIES OF TOLEDO, OREGON, SYLVANIA, NORTHWOOD, PERRYSBURG, VILLAGE OF HOLLAND, AND LUCAS COUNTY BOARD OF COMMISSIONERS RELATIVE TO A JOINT GOVERNMENTAL NATURAL GAS AGGREGATION PROGRAM, AUTHORIZING AND DIRECTING THE ADMINISTRATION TO FILE AN APPLICATION FOR CERTIFICATION AS GOVERNMENTAL ENERGY AGGREGATOR WITH THE PUBLIC UTILITIES COMMISSION OF OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 204 - 2002 AUTHORIZING CONTRACT WITH CSB INVESTORS, LLC., RELATIVE TO RIVERSIDE COMMONS WATER LINES AND SANITARY SEWER LINES, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 205 - 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

The Mayor asked the Law Director to explain certain zoning code regulations concerning Sexually Oriented Businesses. She stated Sexually Oriented Businesses are permitted only in areas zoned M-2 (Heavy Industrial) and with certain conditions. The former Arrowhead Brewery is in an area zoned C-2 (General Commercial) which does not allow a Sexually Oriented Business. If it is found that the activity does not conform to the allowed use, such activity will not be allowed.

A letter from the Law Director requesting authorization of an amendment to the existing Development and Loan Agreement with Lutheran Homes Society was read. She stated Riverwalk/Maumee Limited Partnership has agreed to give priority placement in its proposed Senior Housing development to City of Maumee residents who are age and income qualified.

Mrs. BARLOS moved the necessary legislation be prepared to authorize execution of the proposed Addendum to the Development and Loan Agreement between the City of Maumee and Riverwalk/Maumee Limited Partnership to require preference be given to City of Maumee residents who otherwise qualify as tenants. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the public hearing be reopened on consideration of the application by the Lutheran Homes Society for approval of the preliminary plan for a Planned Unit Development permit to allow a 70 unit senior housing facility at 2501 River Road. Roll call: All members present voting yea, the Chair declared the motion carried.

Terry Martell, architect for the Lutheran Homes Society, gave a presentation of the site plan. He stated the two story, brick building has thirty two-bedroom and forty one-bedroom units, the windows are pvc clad wood, each unit has its own HVAC unit with louvres visible on the exterior of the building, and visitor parking for 26 vehicles is in the front of the building with resident parking for 34 vehicles in the back. The rear parking lot also includes an additional 20 spaces for the Senior Center for a total of 80 spaces. He stated the front set back is 132 feet from the front property line. He also stated no changes have been made since the denial of the tax abatement proposal.

The Service Director stated the City plans to widen Carew Lane and it will be approximately eight to ten feet east of its present location.

The Mayor opened the public hearing. The Clerk administered the oath to each person giving testimony.

Jim O'Brien, 1166 Key Street; Janet Russ, 62 Mallard Run; Ardis Dardenne, 1005 W. Wayne Street; and Joe LaChapelle, 1098 Leith Street; all spoke in favor of the project stating their support of the Lutheran Homes Society proposal and the City's need for senior housing with services and assistance directed to the needs of seniors.

Russell Miller, attorney for neighbors of the proposed senior housing project, stated his clients' beliefs that the project is not appropriate land use for the neighborhood, that it is not compatible with the neighborhood, and that it will increase density, traffic, and load on the sewer and water systems.

Ed Gemerchak, 2820 River Road; Gabriel Barrow, 716 Inwood Place; Bridget Holt, 709 W. Carisbrook Drive; Sandra Wall, 716 Kumler Drive; Joanne Brell, 713 River Glen Road; Leonard Churski, 720 E. Carisbrook Drive, all spoke in opposition to the project stating the site is unsuitable for senior housing, the increase in density and building design are not compatible with the neighborhood, not enough Maumee residents would qualify, and the development would eliminate too much green space.

Richard Chase, attorney for the Lutheran Homes Society, stated there are income and age requirements, no children or grandchildren of residents would be allowed to live there, the development is responsible for the full share of real estate taxes, and the Lutheran Homes Society does not intend to sell the property, although, after fifteen years, the facility may be rented at market rate.

Mr. SHOOK moved the public hearing be closed. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Coyle asked Mrs. Russ, director of Senior Center, about the petitions she presented to Council. She stated the petitions were signed by nearly 500 residents throughout the City. She stated that about half of the petitions stated support for passage as an emergency measure.

Mr. SHOOK moved the necessary legislation be prepared to approve the recommendation of the Municipal Planning Commission of the preliminary plan for a Planned Unit Development to allow a 70 unit senior housing facility at 2501 River Road. Roll call: Barlos, Brainard, Coyle and Shook (4) voting yea; Buehrer, Carr and Zimmerman (3) voting nay. The Chair declared the motion carried by a 4-3 vote.

The Mayor opened a public hearing on the petition of Ed Schmidt Chevrolet for the vacation of a portion of Reynolds Road. A letter from the Service Director stating certain conditions he recommends be included in such a vacation. Bill Schmidt, Ed Schmidt Chevrolet, stated the unused highway turn around in front of his property would be removed and the property would be landscaped similar to the other two car dealerships on Reynolds Road. Mr. BUEHRER moved the public hearing be closed. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. ZIMMERMAN moved Mr. Carr be allowed to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. ZIMMERMAN moved the necessary legislation be prepared to approve the vacation of a portion of Reynolds Road subject to: 1) legal description provided by the petitioner, 2) the catch basin be converted or the storm sewer connection be plugged, 3) pavement be removed and new curb be installed to City specifications, 4) a landscape plan be approved by the Service Director and street trees be installed. 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.

A letter from the Police Chief requesting approval of a contract for 2003 Northwest Ohio Regional Information System (NORIS) services was read. He stated the cost for services in 2003 is $17,500 ($13,397 in 2002). Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with the Criminal Justice Coordinating Council in the amount of $17,500, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Clerk of Court requesting approval of a contract for 2003 NORIS services was read. She stated the cost for NORIS services in 2003 is $9,300 ($7,844 in 2002). Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract with the Criminal Justice Coordinating Council in the amount of $9,300, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Public Service requesting approval of a change order for Anderson Park walkway and tennis court project was read. He stated higher fencing was added on one side of the tennis court and seeding quantities were increased amounting to $1,670 additional charges by Schoen, Inc., of Toledo. Mr. SHOOK moved the necessary legislation be prepared to authorize a change order for Schoen, Inc., in the amount of $1,670, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Linda Wilker as Assistant Finance Director/Municipal Clerk, effective November 4, 2002, was read. Mr. CARR moved the appointment be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of a contract with Pierce Electric to install signage with flashing beacons on U.S. 24 at Monclova Road was read. He stated due to the occurrence of accidents in recent weeks at the intersection of the Anthony Wayne Trail and Monclova Road the Service Department has investigated placing additional signage along the Anthony Wayne Trail to alert drivers of the upcoming traffic signal. Pierce Electric has quoted price of $6,079 to install two "Signal Ahead" signs on the Anthony Wayne Trail on both sides of Monclova Road. Mr. SHOOK 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. SHOOK moved the necessary legislation be prepared to authorize a contract with Pierce Electric in the amount of $6,079, 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. SHOOK moved the matter of safety at this and other dangerous intersections be referred to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting approval of the purchase of Rolf Park and related transactions with the City School District was read. He stated the scope of the purchase agreement also extends to clarifying other ancillary land and special assessment issues between the City and the Maumee City School District. Mr. BUEHRER moved Mrs. Barlos and Mr. Shook 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. BUEHRER moved the necessary legislation be prepared to authorize an agreement with the Maumee City School District for the purchase of Rolf Park and related matters, as requested. Roll call: Brainard, Buehrer, Carr, Coyle and Zimmerman (5) voting yea; nays none; Barlos and Shook (2) abstaining. The Chair declared the motion carried by a 5-2 vote.

A letter from the Municipal Clerk requesting approval of a contract for transcription services in regard to the official record of the history of Ordinance 87-2002 was read. He stated this week a "praecipe for Preparation of Administrative Record" of the permit for a Shopping Center of Integrated Design for the Mall at Fallen Timbers was received. In order to comply with this request, the services of a court reporter to prepare a transcript of the public meetings will be necessary. Superior Court Reporters estimates the approximate cost to be $3,000-$5,000. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract for transcription services with Superior Court Reporters in an amount not to exceed $5,000, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Law Director requesting approval of legislation authorizing participation with Northwest Ohio Aggregation Coalition in a Residential Gas Aggregation Program. She stated in order for Maumee to participate, it is necessary for the City to be certified as a governmental aggregator of natural gas with the Public Utilities Commission of Ohio. Mrs. BARLOS moved the necessary legislation be prepared to authorize filing of an application with the Public Utilities Commission of Ohio, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting legislation for additional appropriation for professional service agreements was read. He stated the first request is for an appropriation of $50,000 for the services of Steve Grassbaugh, Squire Sanders & Dempsey, which has led meetings with the mall developers and school system and provided financial analyses to support the City's bargaining position in negotiating a development agreement. The second request is for an appropriation of an additional $10,000 for the services of Poggemeyer Design Group for their work in the revision of the Zoning Code. The third request is for an appropriation of $10,000 for the services of Kerger & Kerger in their defense of the City in a suit by a group opposing Ordinance 87-2002. The fourth request is for appraisal of property on Detroit Avenue needed by the City in the CSB-North project in the amount of $1,500. Mr. SHOOK moved the necessary legislation be prepared to authorize appropriation of $50,000 for the services of Squire Sanders & Dempsey, as requested. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the necessary legislation be prepared to authorize appropriation of $10,000 for the services of Poggemeyer Design Group, as requested. Roll call: All members present voting yea, the Chair declared the motion carried. Mr. SHOOK moved the necessary legislation be prepared to authorize appropriation of $10,000 for the services of Kerger & Kerger, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the necessary legislation be prepared to authorize appropriation of $1,500 for appraisal of property on Detroit Avenue, 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 purchase equipment for modifications to Council Chambers was read. He stated the request is for $2,500 for the purchase and installation of audio/visual equipment and $2,500 for the purchase of additional chairs in order to facilitate overflow audiences at city council meetings.

Mr. BUEHRER moved the necessary legislation be prepared to authorize appropriation of $5,000 for the purchase of equipment for modifications to Council Chambers, 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 development agreement for Riverside Commons infrastructure construction was read. He stated the infrastructure plans for phase one of Riverside Commons have been completed and the water and sanitary sewer plans have been approved. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a development agreement for Riverside Commons infrastructure construction, 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 Mike Nestor, 315 W. Sophia Street, addressed the committee with alternatives to the trapping and euthanization of skunks.

Legislation was considered at this time.

Mrs. BARLOS moved to adjourn to executive session to discuss the purchase and sale of real estate and pending and threatened litigation and a personnel issue. Roll call: All members present voting yea, the Chair declared the motion carried.

When Council returned to regular session, Mr. SHOOK moved to adjourn until 8 p.m., Monday, November 18, 2002, carried v.v.

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Monday, November 18, 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). President Shook presiding.

Mrs. BARLOS moved to suspend reading the minutes of the November 4, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 206 - 2002 AUTHORIZING MAINTENANCE CONTRACT WITH IDENTIX CORP. RELATIVE TO FINGERPRINTING FOR DIVISION OF POLICE FOR DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 207 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR CONANT STREET/ANTHONY WAYNE TRAIL SIGNALIZATION PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 208 – 2002 DECLARING CERTAIN PROPERTY OF THE CITY OF MAUMEE TO BE SURPLUS EQUIPMENT AND AUTHORIZING DISPOSAL. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.

ORDINANCE NO. 209 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. BUEHRER. Passed by 7-0 vote.

A letter from the Mayor appointing Raymond Runner, River Road, to the new position of Assistant Municipal Prosecutor, effective December 16, 2002, was read. Mr. BRAINARD moved the appointment be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Michael Rizzo, Parkway South Drive, to the position of Tax Commissioner, effective December 2, 2002, was read. Mr. Rizzo succeeds Mary Beth Fallon who retired September 30. Mr. BUEHRER moved the appointment be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Jason Menifee, Shelly Avenue, and Daniel Hengle, Hugo Street, to the position of Firefighter Class I was read. Mr. COYLE moved the appointments be approved. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting authorization of a maintenance contract for the Livescan Fingerprint System was read. He stated the cost of renewal of the contract for 2003 is $6,798.75. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Identix Corp. in the amount of $6,798.75, 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 the Conant Street/Anthony Wayne Trail Signalization Project was read. He stated the Ohio Department of Transportation is requesting approval of Change Order Number 17 for the Conant Street/Anthony Wayne Trail Signalization Project amounting to a deduction of $3,952.66. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize Change Order Number 17 amounting to a deduction of $3,952.66, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

An appeal by Fritz Kunz, Arco, Inc., of the Service Director's order to install sidewalks at 1625 Lance Point Drive was read. He stated there are no other sidewalks in this subdivision and offered to install sidewalks when sidewalks are ordered for the entire street. A letter from the Service Director was read. He stated he recommends a waiver not be granted for the following reasons: 1) The sidewalk requirement has not been waived with recent developments, and 2) the total length of sidewalk on the property will be less than fifty feet. Mrs. BARLOS moved to grant the appeal provided a ten year bond or letter of credit to assure installation of sidewalks in the future is posted by the owner. Roll call: All members present voting yea, the Chair declared the motion carried. Mrs. BARLOS moved the matter of sidewalks in industrial and commercial areas be referred to the Streets Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Chief of Police requesting approval of the sale of surplus vehicles was read. He stated two bids were received for the 1994 Chevrolet Blazer and he recommends the highest bid of Michael Fortney, Maumee, in the amount of $1,850; and seven bids were received for the 1995 Dodge Intrepid and he recommends the highest bid of Wendy Badyna, Toledo, in the amount $3,550. He also stated that both high bidders are City employees, that the public bid process was followed, and no preference was allowed to these bidders. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize the sale of surplus vehicles, as recommended. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting consideration of contract amendment for Health District Services was read. He stated the amendment is needed due to a change in the state law which requires the district to create a Health District Licensing Council and to appoint a member of that council to the District's Board, which would increase the Board from eleven to twelve members. Mr. BRAINARD moved the matter be referred to the Safety Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director regarding negotiation of the development agreement with Northwest Ohio Mall LLC was read. He stated the agreement hinges on the approval of a Tax Increment Financing (TIF) district which would generate sufficient funds to assist the developer with construction of streets, waterlines and sewers, to maximize the schools' revenue, and to assist the City in capital projects needed to address the impact of the anticipated commercial development. He requested that Council consider the TIF proposal. Mr. ZIMMERMAN 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 Fritz Kunz, Arco, Inc., addressed the committee regarding his appeal of the order to install sidewalks at 1685 Lance Point Drive.

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.

Mrs. BARLOS moved to adjourn to executive session to discuss the purchase and sale of real estate and pending and threatened 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, December 2, 2002, carried v.v.

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Monday, December 2, 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 November 18, 2002 meeting and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 210 - 2002 AUTHORIZING AMENDMENT OF ORDINANCE NO. 34-1997 REGARDING ENTERPRISE ZONE, REPEALING CERTAIN SECTION, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

ORDINANCE NO. 211 - 2002 AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO DANA CORPORATION, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.

ORDINANCE NO. 212 - 2002 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO AIR QUALITY SAMPLING 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. 213 - 2002 AUTHORIZING EMPLOYMENT OF CONSULTANT RELATIVE TO RENOVATIONS AND OPERATIONS AT MAUMEE INDOOR THEATER IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 7-0 vote.

A letter from the Administrator/Safety Director requesting Council approve legislation to recertify the Enterprise Zone to include newly annexed territory was read. He stated the area proposed for inclusion in the existing Enterprise Zone is the approximate 90 acres west of I-475 and south of US 20-A that has been annexed to Maumee. An Enterprise Zone in this area will allow the City to offer tax incentives to the Dana Corporation at a site in this area. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize the recertification of the Enterprise Zone to include newly annexed territory, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Administrator/Safety Director recommending approval of a Job Creation & Retention Grant for The Dana Corporation was read. He stated Dana Corporation proposes to build a new facility at 3939 Technology Drive and to move its Spicer Driveshaft and Spicer Technology operations from Springfield Township and Fort Wayne, Indiana. It is anticipated that after one year of operation, the company will have 450 employees with an annualized estimated payroll of $22,000,000. He recommended a Job Creation & Retention Grant be awarded to Dana Corporation in the amount of up to $200,000 payable over ten years. Mr. BRAINARD moved the necessary legislation be prepared to authorize a Job Creation & Retention Grant Program to Dana Corporation in the amount of up to $200,000 payable over ten years. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Police Chief requesting a contract for testing the indoor air quality at Fire Station No. 2 was read. He stated Mannik and Smith Group, Inc., has proposed an agreement in the amount of $950 to collect and analyze air samples. Mr. SHOOK moved the necessary legislation be prepared to authorize an agreement with Mannik and Smith Group, Inc., in the amount of $950, 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 of a contract for consulting services for the Indoor Theater Project was read. He stated Jim Walter, owner of Great Eastern Theater Company, Toledo, has proposed an agreement in the amount of $75.00 per hour, not to exceed $7,500, to perform duties as film, programming and facilities consultant during the renovations at the Maumee Indoor Theater. Mr. SHOOK moved the necessary legislation be prepared to authorize an agreement with Jim Walter, Great Eastern Theater Company, in the amount of $75.00 per hour, not to exceed $7,500, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development forwarding a request of the Senior Center for funds for plaques for Historic Maumee Home Tour participants was read. He stated the Senior Center is requesting funding in the amount of $1,762.50 for fifty commemorative bronze plaques for distribution to homeowners who have participated in the Historic Maumee Home Tour. Mr. Buehrer requested multiple quotes be obtained. Mrs. BARLOS moved the matter be referred to the Administration. 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 Ken Anders, Dana Corporation, addressed the committee regarding the proposed building of the Dana Corporation Tech Center at 3939 Technology Drive and relocation of approximately 450 jobs.

Legislation was considered at this time.

Mr. CARR moved to adjourn to executive session to discuss a collective bargaining matter, the purchase of real estate 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 accept the Fact-Finder's Report in the impasse between the City and the F.O.P. bargaining units (SERB Case numbers 02-MED-04-0417, -0418, and -0419) and to prepare the necessary legislation. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. CARR moved to adjourn until 6 p.m., Wednesday, December 11, 2002, carried v.v.

SPECIAL MEETING - MINUTES - 6 p.m. Wednesday, December 11, 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.

ORDINANCE NO. 214 – 2002 AUTHORIZING EXECUTION OF AN AGREEMENT WITH DANA CORPORATION, ANTHONY WAYNE SCHOOL BOARD, AND PENTA COUNTY JOINT VOCATIONAL SCHOOL RELATIVE TO ENTERPRISE ZONE TAX ABATEMENT AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.

The Mayor stated he requested the Special Council meeting to discuss the Dana Enterprise Zone tax abatement, a proposed real property transaction and a request for authorization of a contract for architectural services.

A letter from the Administrator/Safety Director requesting approval of agreements with Dana Corporation and the local school districts approving abatement of taxes on real and personal property taxes was read. He stated the Enterprise Zone Negotiating Team, recommends a 75% abatement for ten years on an estimated $30,000,000 of real property and $40,000,000 of personal property provided payments in lieu of taxes are made to the schools. He said more than 450 employees with an annual payroll of $28,000,000 would work at this facility which will be located in the area annexed to the City in October. He also stated that Anthony Wayne Local School District and Penta County Vocational Schools have agreed to this proposal. Mr. SHOOK moved that legislation be prepared to authorize an agreement with Dana Corporation, Anthony Wayne Schools, Penta County Vocational Schools and the Lucas County Commissioners for 75 percent abatement for 10 years of real and personal property tax with payments in lieu of taxes to the schools. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Commissioner of Community Development requesting authorization of an agreement with van Dijk, Westlake, Reed, Leskosky to amend building plans for the Maumee Indoor theater was read. He stated van Dijk, Westlake, Reed, Leskosky has proposed an agreement in an amount not to exceed $7,500 to redraw the plans for the ground floor to incorporate a main and ancillary theater/multi-purpose space. Mr. SHOOK moved to table the request to the next regular meeting of Council. 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 proposed real estate transactions 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, December 16, 2002, carried v.v.

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Monday, December 16, 2002

The Council of the City of Maumee, Ohio, met on the above date and time with the following members present: Barlos, Brainard, Carr, Coyle, Shook and Zimmerman (6); Buehrer (1) absent. Mayor Wagener presiding.

Mr. SHOOK moved to suspend reading the minutes of the December 2 and December 11, 2002 meetings and to approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

ORDINANCE NO. 215 – 2002 VACATION OF CERTAIN PORTION OF REYNOLDS ROAD IN THE CITY OF MAUMEE, LUCAS COUNTY, OHIO. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

ORDINANCE NO. 216 – 2002 AUTHORIZING CONTRACT WITH PHYSIO-CONTROL CORPORATION RELATIVE TO LIFEPAK MAINTENANCE SERVICES FOR THE DIVISION OF FIRE OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 217 – 2002 AMENDING CONTRACT FOR THE IMPROVEMENT OF PIERCE STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 218 – 2002 AUTHORIZING EXECUTION OF CONTRACT WITH LEE INFRASTRUCTURE RESTORATION, INC., RELATIVE TO MANHOLE REHABILITATION ON MIAMI MANOR IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote.

ORDINANCE NO. 219 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR 2002 STREET RESURFACING PROGRAM, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 220 – 2002 APPROVING AND AUTHORIZING EXECUTION OF CHANGE ORDER FOR ANTHONY WAYNE TRAIL SIGNALIZATION PROJECT, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote.

ORDINANCE NO. 221 – 2002 AUTHORIZING CONTRACT WITH CREATIVE MICROSYSTEMS, INC., RELATIVE TO FACILITIES MANAGEMENT SERVICES IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

ORDINANCE NO. 222 – 2002 AUTHORIZING EMPLOYMENT OF FINKBEINER, PETTIS & STROUT, INC., RELATIVE TO ENGINEERING DESIGN SERVICES FOR WATER PUMPING STATION AND BOOSTER AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 223 – 2002 AUTHORIZING EXECUTION OF JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MAUMEE, THE BOARD OF LUCAS COUNTY COMMISSIONERS, THE BOARD OF COMMISSIONERS OF THE METROPOLITAN PARK DISTRICT OF THE TOLEDO AREA, AND THE VILLAGE OF WHITEHOUSE RELATIVE TO WABASH CANNONBALL BIKE/HIKE TRAIL, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 5-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 224 – 2002 AUTHORIZING AGREEMENT WITH POGGEMEYER DESIGN GROUP RELATIVE TO DESIGN SERVICES FOR IMPROVEMENTS TO THE WABASH CANNONBALL BIKE/HIKE TRAIL, AND DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 5-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 225 – 2002 AUTHORIZING FILING OF APPLICATION FOR FUNDS UNDER THE TRANSPORTATION ENHANCEMENT PROGRAM FOR THE WABASH CANNONBALL BIKE/HIKE TRAIL, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 5-0 vote. Barlos (1) abstaining.

ORDINANCE NO. 226 – 2002 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP RELATIVE TO ASBESTOS ABATEMENT BID REVIEW IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 227 – 2002 AUTHORIZING EMPLOYMENT OF TOTAL ENVIRONMENTAL SERVICES, L.L.C., RELATIVE TO ASBESTOS ABATEMENT IN THE MAUMEE INDOOR THEATER IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. COYLE. Passed by 6-0 vote.

ORDINANCE NO. 228 – 2002 AUTHORIZING CONTRACTS RELATIVE TO HEALTH AND LIFE INSURANCE COVERAGE FOR EMPLOYEES OF THE CITY OF MAUMEE AND DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 6-0 vote.

ORDINANCE NO. 229 – 2002 DESIGNATING DEPOSITORIES FOR ACTIVE AND INTERIM FUNDS OF THE CITY, AUTHORIZING EXECUTION OF CONTRACTS GOVERNING SUCH DEPOSITS, AND DECLARING AN EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 6-0 vote.

ORDINANCE NO. 230 – 2002 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY OF MAUMEE AND FIFTH THIRD BANK OF NORTHWESTERN OHIO, N.A. RELATIVE TO PROVISION OF BANKING SERVICES TO THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote.

ORDINANCE NO. 231 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. ZIMMERMAN. Passed by 6-0 vote.

ORDINANCE NO. 232 – 2002 AUTHORIZING PURCHASE OF BRUSH CHIPPER FOR THE DEPARTMENT OF PUBLIC SERVICE, AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR. Passed by 6-0 vote.

ORDINANCE NO. 233 – 2002 AUTHORIZING AGREEMENT WITH VAN DIJK, WESTLAKE, REED & LESKOSKY, ARCHITECTS, RELATIVE TO ARCHITECTURAL DESIGN SERVICES FOR IMPROVEMENTS TO THE MAUMEE INDOOR THEATER AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK. Passed by 6-0 vote.

ORDINANCE NO. 234 – 2002 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES. Motion to pass by Mr. CARR. Passed by 6-0 vote.

Mr. SHOOK moved a letter tabled from the December 11 meeting, from the Commissioner of Community of Development requesting authorization of a contract to amend the building plans for the Maumee Indoor Theater, be deferred until after the scheduled executive session. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director regarding Ford Field lighting replacement was read. He stated a request for authorization to advertise for bids for the lighting replacement. He further stated the Little League has expressed a willingness to reimburse the City for the cost of materials. Mr. ZIMMERMAN moved to authorize advertising for and receiving bids to replace field lighting at Ford Field and to refer the matter of reimbursement to the City for the cost to the Parks & Recreation Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting approval of a contract for maintenance services for Medtronic Physio-Control LifePaks was read. He stated the cost for 2003 is $5,540.74. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Medtronic Physio-Control in the amount of $5,540.74, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting approval of a change order for the Pierce Street reconstruction and waterline replacement project was read. He stated the change order request is in the amount of $18,491.98 and reflects final quantities and additional work due to unforeseen conditions. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a change order with Anderzak-Pitzen Construction, Inc., in the amount of $18,491.98 for the Pierce Street Reconstruction project, 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 rehabilitation of two manholes on Miami Manor was read. He stated Lee Infrastructure Restoration, Inc., has proposed a contract in the amount of $7,250 to rehabilitate two steel manholes by applying an epoxy coating to the existing walls. Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Lee Infrastructure Restoration, Inc., in the amount of $7,250, 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 the 2002 Street Maintenance Program was read. He stated a request for a change order in the amount of $1,800.42 due to quantity adjustments and conditions not anticipated at the time of bidding. Mr. SHOOK moved the necessary legislation be prepared to authorize a change order in the amount of $1,800.42 for the 2002 Street Maintenance Program, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director requesting approval of change order number 18 for ODOT's Conant Street/Anthony Wayne Trail Signalization Project was read. He stated the change order is a deduction of $6,683.20. Mr. SHOOK moved the necessary legislation be prepared to authorize change order number 18 for ODOT's Conant Street/Anthony Wayne Trail Signalization Project in the amount of a deduction of $6,683.20, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

The Mayor stated the next item to be considered is designation by Council of its representatives on the Volunteer Fire Fighters' Dependents Fund Board for 2003. Mr. BRAINARD nominated Mrs. Barlos and Mr. Carr to serve as representatives on the Volunteer Firefighters Dependents' Board. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting approval of a contract with Sanderson CMI for Facilities Management Services was read. He stated the 2003 contract amount is $60,000. Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a contract with Sanderson CMI in the amount of $60,000, 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 for engineering services for water and sewer pump station improvements was read. He stated the Michigan Avenue Water Booster Station and the Turnpike Wastewater Pumping Station were constructed in 1963 and 1973 respectively and contain the original mechanical and electrical equipment. He further stated Finkbeiner, Pettis and Strout, Inc., has proposed a contract in the amount of $135,000 to perform the engineering design for improvements to the pump stations. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Finkbeiner, Pettis and Strout, Inc., in the amount of $135,000, 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 to enter into agreements for improvements to the Wabash Cannonball Bike/Hike Trail was read. He stated that this addresses the remaining sections of the South Fork of the railroad and that the following actions are needed: 1) approval of a Joint Cooperation Agreement for the remaining sections of the South Fork of the Wabash Cannonball Bike/Hike Trail, 2) authorization of an agreement with Poggemeyer Design Group relative to design services for the improvements to the Wabash Cannonball Bike/Hike Trail, and 3) authorization to file applications for funds under the Transportation Enhancement Program. He stated the estimated costs for the City total $90,000 for engineering and the improvements. Mr. COYLE 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. SHOOK moved the necessary legislation be prepared to authorize agreements for improvements to Wabash Cannonball Bike/Hike Trail, as requested. Roll call: Brainard, Carr, Coyle, Shook and Zimmerman (5) voting yea; nays none; Barlos (1) abstaining. The Chair declared the motion carried by a 5-0 vote.

A letter from the Service Director requesting a contract for engineering services for asbestos removal at the Maumee Indoor Theater was read. He stated Mannik & Smith Group, Inc., has proposed a contract in the amount of $8,200 to review the qualifications of the bidders, monitor the asbestos abatement operations, and perform air sampling during and after the operations. Mr. COYLE moved the necessary legislation be prepared to authorize a contract with Mannik & Smith Group, Inc., in the amount of $8,200, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Service Director with a tabulation of bids for removal of asbestos at the Maumee Indoor Theater was read. He stated six bids were submitted and he recommends the lowest and best bid submitted by Total Environmental Services in the amount of $55,289. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Total Environmental in the amount of $55,289, as recommended.

A letter from the Finance Director requesting authorization of contracts for employee benefits programs was read. He stated negotiations through Stateline TPA with various carriers that make up the City's health insurance program are complete. As a result of input received from employee representatives certain changes in the plan will be made for 2003 including increases in well-care limits, and increase in the orthodontia limit, a change in the prescription drug structure, and implementation of Medical Savings Accounts (Section 125 plan). Mrs. BARLOS moved the necessary legislation be prepared to authorize contracts for employee benefits programs, with Stateline TPA, a Bridge Benefits Company, Maumee; Western Lake Erie Employers Association, Maumee; Standard Security Life Insurance Co., New York City, NY; Express Scripts, Inc., St. Louis, MO; American Health Holding Company, Westerville, Ohio; Union Central Life Insurance Co., Southfield, MI; Vision Services Plan, San Francisco, CA; and Pensions Innovations and Consulting, Toledo, 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 contract for banking services and depository agreements was read. He stated the City employs Fifth/Third Bank for depository and other banking services. He recommended renewal of the depository agreements for a term of five years and renewal of the banking services agreement for a two-year term which provides for deposit and checking services with no service charges in addition to interest payments on balances. Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract for banking services and depository agreements, 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 the purchase of a brush chipper through the State Purchasing Program was read. He stated Vermeer Sales and Service, Inc., Findlay, is the authorized dealer for the State of Ohio Cooperative Purchasing Program and has supplied a quote of $24,705 for a 1400 series chipper and has offered a trade- in value of our existing 1991 1250 series Vermeer chipper of $5,500. Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Vermeer Sales and Services, Inc., in the net amount of $19,205 for a brush chipper, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization of the purchase of a 2003 Ford Explorer through the State Purchasing Program was read. He stated Springfield Ford, Inc., Springfield, has quoted a price of $25,895.75 including delivery, lights, siren and console installed, radio/radio equipment installed, and lettering of vehicle. Mr. Carr stated his belief that local dealers should be afforded a chance to supply equipment where possible. Mr. CARR moved to authorize seeking bids for a 2003 Ford Explorer. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor appointing Amy Clocksin, Hugo Street, to the position of Secretary/Receptionist in the Division of Police, Department of Safety, effective December 30, 2002, 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 Safety Director requesting Council vacate the east-west alley adjacent to Union School was read. Mr. SHOOK moved to set a public hearing for January 6, 2002 at 8 p.m. 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, coordinator of S.A.I.L., Jim Connor, and Dave DuGai, all of Maumee High School, spoke regarding the City's School Resource Officer; Jenny Tillman and Jim O'Brien of the Maumee Arts Council presented information regarding the Wacky Walleye promotion; and Anna Ramirez of the Fair Housing Center made a presentation on fair housing services. Mrs. BARLOS presented a video cassette tape regarding the use of defribrillators from Medtronics Physio-Control and moved that it be referred to the administration. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

Mr. SHOOK moved the matter of the purchase and sale of real estate be added to executive session. Roll call: All members present voting yea, the Chair declared the motion carried.

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

When Council returned to regular session, Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with van Dijk, Westlake, Reed & Leskovsky in an amount not to exceed $7,500 as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

Ordinances 233-2002 and 234-2002 were considered at this time.

Mr. SHOOK moved to adjourn until 6 p.m., Wednesday, December 18, 2002, carried v.v.