Council Minutes
October 1 and 15, 200
7

7:30 P.M. Monday, October 1, 2007   

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

Mr. CARR moved to suspend reading the minutes of the September 17, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

Lee Dunn, President of the Bank of Maumee, presented an artist's print of the Maumee Indoor Theater on the occasion of the bank's first anniversary.

The Mayor presented a proclamation to Richard Hasbrook, who served on the Municipal Planning Commission for eighteen years, honoring his service to the community.

A letter from the Mayor accepting the resignation of Christy Mouch, Dispatcher, Division of Police, Department of Public Safety, effective September 24, 2007, was read.
Mr. BRAINARD moved to confirm the Mayor's acceptance of the resignation of Christy Mouch, Dispatcher, Division of Police, Department of Public Safety, effective September 24, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting approval of a contract to perform ditch-cleaning services was read. He stated that proposals were sought from Doug Burkhart Excavating, Inc., to clean various ditches within the city. He recommended approval of a contract with Burkhart in the amount of $19,400 to perform this work.
Mrs. BARLOS moved that the necessary legislation be prepared to authorize a contract with Doug Burkhart Excavating, Inc., in the amount of $19,400, for ditch cleaning services. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director regarding phone system maintenance and workers' compensation expenses was read. He stated that the city's phone system expires late in 2007 and proposals for a one- and three-year maintenance agreement have been received for consideration. He also stated that workers' compensation costs are projected to increase significantly for 2008 and he recommended consideration of a retrospective rating application. He recommended these matters be referred to the Finance and Economic Development Committee for consideration.
Mr. ZIMMERMAN moved to refer the matters of the city's phone system maintenance agreement and workers' compensation costs to the Finance and Economic Development Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting that the extension of Fallen Timbers Lane north of Russell Road be accepted as dedicated right-of-way. He stated that the construction of Fallen Timbers Lane north of Russell Road is complete and the roadway and drainage have been constructed in accordance with city standards. He requested that this section of roadway and storm drainage be accepted as part of the city's street and drainage systems.
Mr. BUEHRER moved the necessary legislation be prepared to dedicate and open Fallen Timbers Lane as a public right-of-way within the City of Maumee and to accept the storm drainage as part of the City's drainage system. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Fire Chief requesting authorization to purchase mattresses for the new fire station was read. He stated that mattresses were omitted from the furniture package and that quotes were obtained from area stores. He recommended purchasing eight mattresses from The Mattress Firm, Holland, Ohio, in an amount not to exceed $2,400.
Mr. PAUKEN moved to allow Mr. Carr to abstain due to a conflict of interest. Roll call: All members present voting yea, the Chair declared the motion carried.
Mr. PAUKEN moved the necessary legislation be prepared authorizing a purchase agreement with The Mattress Firm in an amount not to exceed $2,400 for mattresses for the new fire station. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; Carr (1) abstaining. The Chair declared the motion carried by a vote of 6-0.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting and reviewed a letter submitted by Elaine Abel, Jerome Road, voicing her concern with traffic on Jerome Road. The Service Director described the improvements to Russell and Monclova Roads. He and the Police Chief described the measures taken to address the concerns.

The Mayor asked for a moment of silence in honor of the death of John Stout, a former Council member.

Legislation was considered at this time.

ORDINANCE NO. 145 - 2007             AUTHORIZING AGREEMENT WITH DOUG BURKHART EXCAVATING, INC., RELATIVE TO ROUTINE DITCH MAINTENANCE SERVICES FOR THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 146 - 2007             DEDICATING AND OPENING FALLEN TIMBERS LANE WITHIN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 147 - 2007             AUTHORIZING PURCHASE OF MATTRESSES FOR NEW FIRE STATION, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mrs. BARLOS moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; Carr (1) abstaining.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Coyle, Pauken and Zimmerman (6) voting yea; Carr (1) abstaining. So the Ordinance was passed by a vote of 6-0.

ORDINANCE NO. 148 - 2007             APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, October 15, 2007. Motion carried v.v.

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7:30 P.M. Monday, October 15, 2007

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

Mr. CARR moved to suspend reading the minutes of the October 1, 2007 regular meeting and approve the Minutes Journal. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor requesting approval of the following student representative appointments to the Maumee Parks & Recreation Advisory Commission was read: Noah Ashner, and Jessica Tunison, both of River Road.
Mr. CARR moved to confirm the Mayor's appointments of Noah Ashner and Jessica Tunison, as student representatives to the Parks & Recreation Advisory Commission for the 2007-08 school year. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Mayor accepting the resignation of volunteer firefighter Michael Leach effective September 25, 2007, was read. The Fire Chief stated Mr. Leach had moved from the City.
Mr. PAUKEN moved to accept the resignation of Michael Leach, Firefighter/EMT, Division of Fire, Department of Public Safety, effective September 25, 2007. Roll call: All members present voting yea, the Chair declared the motion carried.

The following notices from the Ohio Liquor Commission of applications filed were presented. The Police Chief stated he obtained record checks and had no objections except for (d) for which the Police Chief stated additional information is needed.
        a. River View Investments LLC (dba Parkway Sports Bar & Grill), 2548 & 2550 Parkway Plaza, for transfer of the
             holder of the permit.
Mr. BRAINARD moved to place the notice on file. Roll call: All members present voting yea, the Chair declared the motion carried.
        b. PWL Maumee LLC (dba Pauken Wine Shop), 221 Golden Gate Shopping Center, for transfer of a contract liquor
             agency license.
Mr. BRAINARD moved to place the notice on file. Roll call: All members present voting yea, the Chair declared the motion carried.
        c. PWL Maumee LLC (dba Pauken Wine Shop), 221 Golden Gate Shopping Center, for transfer of the holder of
            the  permits.
Mr. BRAINARD moved to place the notice on file. Roll call: All members present voting yea, the Chair declared the motion carried.
        d. Maumee Robin, Inc. (dba Red Robin), Shops at Fallen Timbers, 3100 Main Street, Suite 1500, for a new permit.
Mr. BRAINARD moved that the notice be placed on file and that the Police Chief notify Council of any adverse information that may be obtained. 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 contract for off-premise fire alarm monitoring for the new fire station was read. He requested a contract with Torrence Sound for off-premise monitoring of the new fire station at 220 Illinois Avenue in the amount of $28/month.
Mr. ZIMMERMAN moved the necessary legislation be prepared approving a contract with Torrence Sound in an amount of $28/month for off-premise fire alarm monitoring for the new fire station. Roll call: All members present voting yea, the Chair declared the motion carried.

A tabulation by the Commissioner of Public Service of bids received for provision of road salt for the 2007-08 winter season was presented. He stated the bids were requested in a joint cooperative effort with area communities. The Commissioner recommended the bid of Morton International, Inc., of Chicago, Illinois, for a minimum of 1200 tons and maximum of 5000 tons of road salt at a rate of $35.54 per ton delivered/dumped and $38.04 per ton delivered with piler service.
Mr. BUEHRER moved the bid of Morton International, Inc., be declared the lowest and best and the necessary legislation be prepared to authorize a contract with Morton International for a minimum of 1200 tons and maximum of 5000 tons of road salt at a rate of $35.54 per ton delivered/dumped and $38.04 per ton delivered with piler service. 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 maintenance agreement for the Service Administration office fax machine was read. He requested authorization to enter into an agreement with the Perry Corporation, Lima, Ohio, in an amount not to exceed $275 for a three-year maintenance agreement.
Mr. COYLE moved the necessary legislation be prepared authorizing an agreement with Perry Corporation, in an amount not to exceed $275 for a three-year maintenance agreement for the Service Department fax machine. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Public Service Director requesting approval of the purchase of a new copier/scanner for the Service Administration office was read. He stated that the Service Department received two proposals and he recommended an agreement with Perry Corporation in the amount of $8,550 for the purchase of a copier/scanner.
Mr. BRAINARD moved the necessary legislation be prepared authorizing the purchase of a copier/scanner for the Service Department administrative office from the Perry Corporation in the amount of $8,550. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Public Service Director requesting amendment of the contract for relining of the Key Street storm sewer manhole for additional repairs was read. He stated that during an inspection of the Key Street storm sewer prior to commencing the relining, the contractor noticed some large voids had developed near the base of the manhole on the south side of River Road. He stated that the contractor provided a proposal to install approximately 200 cubic feet of structural foam around the base of the manhole to fill the voids prior to lining the manhole. He requested a contract amendment with V-Tac Group in the amount of $9,840.
Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract amendment with V-Tac Group in the amount of $9,840, for the Key Street Storm Sewer Relining project, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Safety Director requesting consideration of a proposal to provide cable television facilities at the new fire station was read. He requested that the matter be referred to the Public Utilities Committee for consideration.
Mr. ZIMMERMAN moved to refer the matter of installation of facilities for cable television service at the new fire station to the Public Utilities Committee. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Finance Director requesting approval of banking service, treasury management, depository agreements, and investment policy was read. He requested authorization of depository agreements with local banks and reaffirmation of the City's investment policy. He requested authorization to continue the banking service agreement with Fifth Third Bank for two years beginning October 25, 2007, and authorization of the bank's Treasury Management Agreement.
Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a banking service agreement with Fifth Third Bank for banking services; to authorize a Treasury Management Agreement with Fifth Third Bank; to authorize depository agreements; and to adopt the Investment and Depository policy, as requested. Roll call: All members present voting yea, the Chair declared the motion carried.

A letter from the Director of Public Service requesting authorization to submit applications to the Ohio Public Works Commission for grant funding for the resurfacing of Monclova Road and for phase two improvements to Russell Road and Jerome Road. He stated that the applications would request $60,000 in funding for the Monclova Road project in 2008 and $750,000 for the Russell Road/Jerome Road project in 2009.
Mr. CARR moved the necessary legislation be prepared to authorize the administration to prepare and submit applications to the Ohio Public Works Commission State Capital Improvement Program and/or Local Transportation Improvement Program relative to the Monclova Road resurfacing project and to the improvements to Russell Road and Jerome Road; to authorize execution of agreements; and to commit funds for local shares. Roll call: All members present voting yea, the Chair declared the motion carried.

Mr. Carr reported the Committee of the Whole met just before tonight's meeting and discussed items on the agenda including liquor permit notices from the Ohio Liquor Commission. The Police Chief stated that additional information is needed relative to the Maumee Red Robin liquor permit application and that he would follow up. The committee also went into Executive Session to discuss sale of real property.
Mr. CARR moved to add the sale of real property to the agenda. Roll call: All members present voting yea, the Chair declared the motion carried.
The Law Director stated that the sale of a forty-foot strip from the former Fort Miami school property has been negotiated in order to assist in the economic development of commercial properties on River Road. She stated the property may be sold without bid because a fair market price has been attained with the proposed purchaser, Riverview Properties II, LLC. She added that the creation of jobs and a buffer area between the residential and commercial areas would result from the sale.
Mr. CARR moved to authorize the sale of real property at market value of $130,000 without bid to abutting landowners, Riverview Properties II, LLC, to further the redevelopment of commercial real estate on River Road. Roll call: All members present voting yea, the Chair declared the motion carried.

Legislation was considered at this time.

ORDINANCE NO. 149 - 2007                 AUTHORIZING CONTRACT WITH TORRENCE SOUND EQUIPMENT RELATIVE TO ALARM SYSTEM MONITORING SERVICES IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. COYLE moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. COYLE moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 150 - 2007                 AUTHORIZING PURCHASE OF SALT FOR MUNICIPAL OPERATIONS, ACCEPTING BID THEREFOR, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. BRAINARD moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. BRAINARD moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 151 - 2007                 AUTHORIZING CONTRACT WITH PERRY CORPORATION RELATIVE TO FAX MACHINE MAINTENANCE SERVICES IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mrs. BARLOS moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mrs. BARLOS moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 152 - 2007                 AUTHORIZING CONTRACT WITH PERRY CORPORATION RELATIVE TO PURCHASE OF A BIZHUB 500 FOR THE DEPARTMENT OF PUBLIC SERVICE OF THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 153 - 2007                 AUTHORIZING AMENDMENT TO CONTRACT WITH V-TAC GROUP RELATIVE TO INSTALLATION OF STORM SEWER LINING SYSTEM, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 154 - 2007                 DESIGNATING DEPOSITORIES FOR ACTIVE AND INTERIM FUNDS OF THE CITY, AUTHORIZING EXECUTION OF CONTRACTS GOVERNING SUCH DEPOSITS, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. ZIMMERMAN moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. ZIMMERMAN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 155 - 2007                 AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN THE CITY OF MAUMEE AND FIFTH THIRD BANK OF NORTHWEST OHIO, N.A., RELATIVE TO PROVISION OF BANKING SERVICES TO THE CITY OF MAUMEE, AND COMPLIANCE WITH TREASURY MANAGEMENT AGREEMENT, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. BUEHRER moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. BUEHRER moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

RESOLUTION NO. 156 - 2007                 APPROVING INVESTMENT POLICY OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. COYLE moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
 Mr. COYLE moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

RESOLUTION NO. 157 - 2007                 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS(S), FOR MONCLOVA ROAD RESURFACING, AND TO EXECUTE AGREEMENTS AS REQUIRED, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mr. BRAINARD moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. BRAINARD moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

RESOLUTION NO. 158 - 2007                 AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO PREPARE AND SUBMIT AN APPLICATION TO PARTICIPATE IN THE OHIO PUBLIC WORKS COMMISSION STATE CAPITAL IMPROVEMENT AND/OR LOCAL TRANSPORTATION IMPROVEMENT PROGRAMS(S), FOR RUSSELL AND JEROME ROADS PHASE TWO IMPROVEMENTS, AND TO EXECUTE AGREEMENTS AS REQUIRED, AND DECLARING AN EMERGENCY.
The Clerk read the Resolution by title only.
Mrs. BARLOS moved the resolution be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mrs. BARLOS moved the resolution be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Resolution was passed.

ORDINANCE NO. 159 - 2007                 AUTHORIZING EXECUTION OF AGREEMENT FOR SALE OF REAL PROPERTY TO RIVERVIEW PROPERTIES II, LLC, IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
The Clerk read the Ordinance by title only.
Mr. CARR moved the ordinance be passed as an emergency measure. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none.
Mr. CARR moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

ORDINANCE NO. 160 - 2007                 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.
The Clerk read the Ordinance by title only.
Mr. PAUKEN moved the ordinance be placed on its final passage and passed. Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, Pauken and Zimmerman, (7) voting yea; nays, none. So the Ordinance was passed.

Mr. CARR moved to adjourn until 7:30 p.m., Monday, November 5, 2007. Motion carried v.v.