Council Minutes
September 7 and 20, 2004

September 7, 2004 

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 August 16, 2004, meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Municipal Planning Commission recommending approval of the application of True North Energy for amendment of a Special Use Permit to allow a change in color for its filling station at 298 West Dussel was read.  The Secretary stated that the Commission made its recommendation on August 23, 2004, after holding a public hearing.  There were no objections to the proposed amendment.

Mr. BRAINARD moved the necessary legislation be prepared to amend the Special Use Permit, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A notice from the Division of Liquor Control of the application for transfer of a liquor permit to Gianno’s Italian Bistro, at 310 West Dussel Drive, from Rudys Airport, Inc., Holland, Ohio, was presented.

Mr. SHOOK moved the notice be placed on file.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Russ McEwen, 600 Corey Street, to the Board of Building Standards for a five-year term ending December 31, 2008, was read.

Mrs. BARLOS moved the appointment be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Mayor appointing Claudia Stein, 307 West Harrison Avenue, to a one-year term ending June 15, 2005, and Barbara Dennis, 326 E. Dudley Street, to a two-year term ending June 15, 2006, to the Maumee Valley Historical Society Board of Trustees; Molly Ehni, 233 West Harrison Avenue, to the Tree Commission for a five-year term ending May 31, 2009; Mary Bates, 232 East Harrison Avenue, to a three-year term ending August 31, 2007, Kathleen Sund, 421 Kent Court, to a three-year term ending August 31, 2007, and Alex Johnson, 615 Manitou Place, to a two-year term ending August 31, 2006,  to the Parks and Recreation Advisory Commission; Jacky Pauken, 130˝ West Dudley Street, and Robert Brannan, 415 Conant Street, to the Uptown Design Review Board to three-year terms ending August 31, 2007; Penny Olman, 521 Bay River Court, to the Charter Review Commission to a five-year term ending August 31, 2009; and Thomas Brell, 713 River Glen, and Connie Peiffer, 416 River Road to the Revolving Loan Fund Committee to three-year terms ending December 31, 2006, was read.

Mr. COYLE moved the appointments to the Maumee Valley Historical Society be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved the appointment to the Tree Commission be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. ZIMMERMAN moved the appointments to the Parks and Recreation Advisory Commission be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. SHOOK moved the appointments to the Uptown Design Review Board be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mrs. BARLOS moved the appointment to the Charter Review Commission be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD moved the appointments to the Revolving Loan Fund Committee be confirmed.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of a Job Creation and Retention Grant for Thread, Inc., moving to 1700 Woodlands Drive was read.  He stated it is anticipated that after one year of operation, the company will have 39 full-time employees with an annualized estimated payroll of $1,612,000 at this location.  He recommends a Job Creation & Retention Grant be awarded to Thread, Inc., in an amount of up to $8,000 annually each of the next five years.

Mr. CARR moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant for Thread, Inc., as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of a Job Creation and Retention Grant for Hammill Manufacturing Co., moving into 360 Tomahawk Drive was read.  He stated it is anticipated that after three years of operation, the company will have 124 full-time employees with an annualized estimated payroll of $6,000,000 at this location.  He recommends a Job Creation & Retention Grant be awarded to Hammill Manufacturing in an amount of up to $20,000 annually each of the next ten years.

Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a Job Creation and Retention Grant for Hammill Manufacturing Co., as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting legislation to levy special assessments for street lighting and weed cutting performed by the Service Department was read.  He stated these assessments must be levied each year.

Mr. COYLE moved the necessary legislation be prepared to authorize levying special assessments for street lighting and weed cutting, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting an additional appropriation for electrical services for the Summer Fair was read.  He stated Pierce Electric has submitted an invoice in the amount of $5,997.31 for expenses associated with providing access to electrical power for vendors at the Summer Fair.

Mr. ZIMMERMAN moved Mr. Carr be allowed to abstain on this matter due to a conflict of interest.  Roll call:  All members present voting yea, Carr abstaining, the Chair declared the motion carried.

Mr. SHOOK moved to authorize an appropriation of $5,997.31 for electrical services for the Summer Fair, 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. 

A letter from the Finance Director requesting legislation to establish a new fund needed for a fee implemented for probation services the Municipal Court was read.  He stated the fee will generate approximately $15,000 for use by the Probation Division.

Mr. CARR moved the necessary legislation be prepared to establish a new fund for a fee for probation services, as requested. Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting an amendment to the Turnpike Pump Station Improvements Project contract was read.  He stated that the amendment is needed to increase the size of the vault to accommodate a pipe joint and to install an isolation valve to allow bypass pumping in an emergency.  He stated that Mosser Construction has proposed a contract amendment in the amount of $4,746 for the modifications.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a contract amendment for the Michigan Avenue and Turnpike Pump Station Improvements Project in the amount of $4,746, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting the matter of connecting individual sewer lines to the appropriate sewer in the Phase Three Sewer Separation Project was read.

Mr. COYLE moved the matter be referred to the Water and Sewers Committee.  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 Doug Burkhart Excavating, Inc., for ditch cleaning was read.  He stated the locations include:  Gerdes Ditch east of Michigan Avenue, storm sewer outlet at Cory and Maumee River, Whidden Ditch upstream of Russell Road, and Graham Ditch between Ford Road and Holland Road.  He said that Doug Burkhart Excavating, Inc., has proposed a contract in the amount of $8,500.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Doug Burkhart Excavating, Inc., in the amount of $8,500, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Police Chief requesting amendments to the traffic code enabling redlight photo enforcement was read.

Mrs. BARLOS moved to refer the matter to the Code Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Clerk of Court requesting authorization for the purchase of a copier/printer/fax machine was read.  She stated Lanier has quoted a cost not to exceed $12,500 for the purchase of a copier machine with printing and facsimile functions.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Lanier in the not to exceed amount of $12,500, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Community Development presenting a request to waive theater rental fees for Maumee City Schools was read.  He stated the schools have planned twenty-three dates for use of the theater between October and June when school facilities will be under construction. 

Mr. BUEHRER moved that Mr. Shook be permitted to abstain due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BUEHRER moved that theater rental fees be waived as proposed.  Roll call: Barlos, Brainard, Buehrer, Carr, Coyle, and Zimmerman (6) voting yea; nays none; and Shook (1) abstaining, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization of a contract to install a fiber telecommunication line to serve the new police building was read.  He stated Buckeye TeleSystem has proposed a contract in the amount of $3,450.47 to install the telecommunication line to the new Police Building.

Mrs. BARLOS moved the necessary legislation be prepared to authorize a contract with Buckeye TeleSystem in the amount of $3,450.47, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of dates in 2005 for Summer in the City events was read.  He stated that the Arts Commission has proposed June 11 and July 16, 2005, for Saturday night concerts.

Mr. BUEHRER moved to approve dates for 2005 Summer in the City.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A tabulation of four bids received for sidewalk reconstruction was presented.  The Commissioner of Public Service recommended the low bidder, Lutz Construction of Bucyrus, Ohio, in the amount of $74,382.24.

Mr. BRAINARD moved the bid of Lutz Concrete, Inc., be declared the lowest and best bid and that legislation be prepared to authorize a contract as recommended.  Roll call: All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting authorization of a contract for a moveable filing system was read.  He stated Quality Business Systems has quoted a cost of $4,797.60 for a Kardex system.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with Quality Business Systems in the amount of $4,797.60, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Administrator requesting approval of changes to the Conant Street streetscape/overlook project was read.  He stated final quantities and minor additions generated a total of $15,230.10 in changes.

Mr. COYLE moved that legislation be prepared to authorize changes in the contract with Schoen, Inc., totaling $15,230.10, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Law Director requesting amendment to planning consultant contract for revision of the zoning code was read.  She projected that an additional appropriation of $28,857 is needed for consulting services for the completion of the zoning code revisions.

Mrs. BARLOS moved the request be referred to the Code Committee.  All members present voting yea, the Chair declared the motion carried. 

Mr. SHOOK reported the Committee of the Whole met just before tonight’s meeting.  He stated that representatives of the Job Creation and Retention grant applicants were introduced and that items on the agenda were discussed.

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

Mrs. BARLOS stated the Streets Committee met tonight before council meeting to consider a proposal to construct and assess the cost of improvements to Fifth Street.  She said that, in order to construct improvements in 2004, legislation needs to be prepared to begin the process to assess the costs to the benefitting properties and that proposals from contractors must be obtained.  She stated that a majority of the five affected properties have requested the improvements.  Mrs. BARLOS moved for approval of the verbal report of the Streets Committee. 

Mr. Shook presented a letter from Maumee S.A.I.L. requesting a donation to fund various activities during the 2004-2005 school year in support of substance abuse intervention.

Mr. SHOOK moved the request be referred to to Finance Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

ORDINANCE NO.   257 – 2004                AMENDING ORDINANCE NO. 21-1990 RELATIVE TO SPECIAL USE PERMIT FOR USE OF A STRUCTURE FOR AN AUTOMOBILE SERVICE STATION ON CERTAIN REAL ESTATE AT 298 WEST DUSSEL DRIVE IN THE CITY OF MAUMEE, OHIO, AND REPEALING CERTAIN ORDINANCE.

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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   258 – 2004                AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO THREAD, INC., 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

 

ORDINANCE NO.   259 – 2004                AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO HAMMILL MANUFACTURING CO., 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.  260 - 2004                LEVYING SPECIAL ASSESSMENTS FOR THE PROPERTYOWNERS' SHARE OF THE COST OF LIGHTING THE STREETS AND PUBLIC WAYS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7); voting yea; nays none.

Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   261 – 2004                LEVYING ASSESSMENTS FOR CUTTING OF NOXIOUS  WEEDS 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   262 – 2004                AUTHORIZING AND DIRECTING THE DIRECTOR OF FINANCE TO ESTABLISH A SPECIAL REVENUE FUND FOR RECEIPTS FROM PROBATION DEPARTMENT, 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   263 – 2004                AUTHORIZING CHANGE ORDER TO CONTRACT FOR IMPROVEMENT OF MICHIGAN AVENUE AND TURNPIKE WASTEWATER PUMP STATION 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   264 – 2004                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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   265 – 2004                AUTHORIZING PURCHASE OF COPIER/PRINTER/FAX MACHINE FOR THE MAUMEE MUNICIPAL COURT 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 and Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   266 – 2004                AUTHORIZING CONTRACT WITH BUCKEYE TELESYSTEMS RELATIVE TO INSTALLATION OF TELECOMMUNICATION LINES FOR THE NEW POLICE BUILDING OF 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 and Shook 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 and Shook (6) voting yea; nays none.

So the Ordinance was passed. 

Mr. SHOOK moved to adjourn to executive session to discuss pending litigation and a personnel matter.  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 7:30 p.m., Monday, September 20, 2004, carried v.v. 

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7:30 PM, Monday, September 20, 2004 

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 September 7, 2004, meeting and to approve the Minutes Journal.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Brad Ducey, 610 West John Street, spoke regarding the Maumee High School Speech and Debate Team requesting financial support for its activities. 

A letter from the Commissioner of Public Service requesting authorization of a change order for construction engineering for Phase 3 Area 1 storm sewer project was read.  He stated the request is in the amount of $4,200 for engineering services by Arcadis F.P.S. due to the increase in scope of the project.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a change order in an amount not to exceed $4,200 with Arcadis F.P.S., as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Chief of Police requesting an amendment to the contract for trade-in of police vehicles for damages to vehicles prior to trade-in was read.  He stated Ordinance 106-2004 was passed in March 2004 authorization of trade-in of eight marked police cars to Statewide Ford for $3,525 each for a total of $28,200.  He said that, between the time the ordinance was approved and the cars were delivered, one car was destroyed in an accident and one car was disabled with a transmission in need of replacement; therefore, the trade-in was reduced to $24,175.

Mrs. BARLOS moved the necessary legislation be prepared to authorize amendment to the contract with Statewide Ford for trade-in of seven marked police cars in the amount of $24,175, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Maumee Uptown Business Association requesting donation of security services for the 2004 Summer Fair was read.

Mr. COYLE 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 approval of a change order for final quantities and minor changes for the Wayne Street Paving project was read.  He stated the request is for amendment to the contract with B&J Concrete and Construction Co., is in the amount of $14,383.15 increasing the total to $1,114,192.15.

Mr. BRAINARD moved the necessary legislation be prepared to authorize amendment to the contract with B&J Concrete and Construction Co., in the amount of $14,383.15, 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 flu shots and health screening services for employees was read.  He stated St. Luke’s Hospital offers a program of flu shots and health screenings that would benefit City employees and their families.  City employees would receive a flu shot paid for by the City and the same would be available to family members at a cost of eighteen dollars.  Health screenings for blood pressure and glucose would also be offered and requested an appropriation of $5,000 for the program.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with St. Luke’s Hospital 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 Service Director requesting approval of a change order for asbestos removal from the old police station building was read.  He stated the contract amendment with Rudolph/Libbe, Inc., is in the amount of $18,011 for asbestos removal prior to its demolition.

Mr. BUEHRER moved the necessary legislation be prepared to authorize a change order with Rudolph/Libbe, Inc., in the amount of $18,011, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Commissioner of Community Development requesting approval of a change order for Butler Interiors for painting and wallpapering was read.  He stated when Butler Interiors began installation of wallpaper and painting in three areas in the Municipal Building, it was discovered that the two offices on the second floor were not properly prepared when the building was built.  He said that additional work was required in the amount of $300 per room to scrape, fill, and prime/prep the walls before re-wallpapering.

Mrs. BARLOS moved the necessary legislation be prepared to authorize amendment to the contract with Butler Interiors in the amount of $600, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Finance Director requesting legislation levying municipal property taxes for collection in 2005 was read.  He stated each year the Lucas County Budget Commission reviews the City’s funding requirements in consideration of the property tax levies.  He said that this year the Budget Commission recommends no change from 2004.

Mr. CARR moved the necessary legislation be prepared to authorize levying municipal property taxes for collection in 2005, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Service Director requesting authorization to purchase an enclosure for the display and preservation of the Bicentennial Quilt was read.  He stated the cost of the display case is $790.

Mr. BRAINARD moved to approve appropriation of $790 for a display case for the bicentennial quilt, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A letter from the Fire Chief requesting approval of a contract to purchase an ambulance through the State Cooperative Purchasing Program was read.  He stated Horton Emergency Company has quoted a cost of $121,329.73 for a 2005 Ford E450 Type 3 Ambulance.  He further stated that the “No Smoke” exhaust filter must be reinstalled on the new vehicle at a cost of $3,925 and the radio must be reinstalled at a cost of $1,000.

Mr. SHOOK moved the necessary legislation be prepared to authorize contracts with Horton Emergency Company in the amount of $121,329.73, with Ward Diesel in the amount of $3,295, and with Motorola in the amount of $1,000, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

A tabulation of bids received by the Police Chief for 21 portable radios and a request to purchase tactical throat microphones was presented.  He stated Bender Communications, Inc., was the sole bidder for 21 MTS 2000 portable radios in the amount of $56,003.25 including trade-in of surplus radio equipment.  He further stated a request for a contract with Lightfighter Tactical, Inc., in the amount of $5,564.16 for 12 throat microphones.

Mr. BRAINARD moved the bid of Bender Communications, Inc., be declared the lowest and best bid and the necessary legislation be prepared to authorize a contract with Bender Communications, Inc., in the amount of $56,003.25, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD moved the necessary legislation be prepared to authorize a contract with Lightfighter Tactical, Inc., in the amount of $5,564.16, 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 demolition of structures at 202 and 222 Conant Street was read.  He stated D&K Enterprises has proposed a contract in the amount of $28,900 for the demolition.

Mr. SHOOK moved the necessary legislation be prepared to authorize a contract with D&K Enterprises in the amount of $28,900, as requested.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. SHOOK moved to remove from the agenda a personnel matter for executive session.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

The Service Director stated he wishes to proceed with design of new facilities in the service yard now that adjacent property has been acquired.  He added that a design contract has been idle since 1999.

Mr. SHOOK moved to authorize the Service Director to proceed with the design phase of the new Service Department facility.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. CARR moved to refer the matter of staffing of paramedics to the Safety Committee.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Mr. SHOOK reported the Committee of the Whole met just before tonight’s meeting and that items on the agenda were discussed.

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

Mr. Shook requested the administration make a report to Council on the issue of Quiet Zones for railroad crossings. 

Mr. Zimmerman read the following report from the Land Use, Planning and Zoning Committee. 

Land Use, Planning and Zoning Committee

On September 2, 2004, the Land Use, Planning and Zoning Committee met to discuss the requested relocation of the Graham Ditch.  Present from the committee were Todd Zimmerman, Richard Carr and Tom Shook as well as several members of the administration.  Present on behalf of the petitioners were Mark Rasmus, Joe Rideout and the petitioner’s project engineer.

Discussion on the request took place, with the reason for the request stated as allowing for the best site plan for a large scale retailer.  In particular, it was stated that allowing the ditch relocation would allow a large scale retail building to be built in such a location to permit the back of the building to line up with other buildings in the area.  Without the relocation it was indicated that the building would need to face a different direction but that building on the location would still be possible.  The committee did not find the reason to be compelling, nor were there any additional compelling reasons for the relocation.  Thus, it is the unanimous recommendation of the committee that the petition for relocation of Graham ditch be denied. 

Respectfully submitted,

Todd M. Zimmerman, Chair

Richard Carr

Tom Shook 

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

Mr. Brainard read the following report from the Parks and Recreation Committee. 

Parks and Recreation Committee 

The Parks and Recreation Committee met on Thursday, September 16, 2004, at 4:00 p.m. in the Council Conference Room.  Present at the meeting were:  Doug Brainard, Brent Buehrer and Todd Zimmerman of Council, Joe Camp and Larry Gamble of the Administration, (Linda Wilker arrived shortly after the meeting began), Dean Niece and Mike Binkowski of the Maumee Express Soccer League, and Rod Dinkens, Brent Adams and Mark Karchner of the Maumee Youth Football League. 

The first order of business on the agenda was to hear from the Maumee Youth Football League on their request on use of a field at Rolf Park for practice.  Mark Karchner was the spokesperson for the football league and indicated to the committee the following:  the league was formed approximately five years ago and is a member of the N.W. Ohio Youth Football League.  It currently serves approximately 150 youths within Maumee.  They presently practice at Gateway Middle School and share the field with the 7th and 8th grade football teams.  Due to the construction occurring within the school district, practice fields are in short supply.  The league was hoping to utilize a field at Rolf Park to practice at least two days per week for two hours a day. 

Mr. Mike Binkowski spoke on behalf of the Express Soccer League.  He indicated that this year the fields at Rolf Park are all being used by the soccer league and is full up to Thursday of the week. It had been pointed out during the presentation of Mr. Karchner that they observed one field not being used.  Mr. Binkowski indicated that the field in question is part of a maintenance program where they shut one field completely down to give it time to recover from the excessive use it receives during soccer season.  He indicated that this practice had been used for some time and appears that it does in fact increase the longevity of the life of the field. 

Discussions then focused on alternative sites that might be available within the City where fields are available.  Among the suggestions were:  Lucas County Recreation Center, Fort Miami School, Monclova Park.  While it appeared that the suggestions were appreciated, the youth football league questioned the practice of closing a field at Rolf Park and not using it.  The football league indicated that one additional consideration they have to use in selection of a field is the parking availability.  They also indicated that presently they have to pay the Lucas County Recreation Center to use the field at that particular location.  Youth soccer confirmed that they also currently pay to use fields at the recreation center as well.  The representatives from the youth football league stated they were interested in a long term solution and the practice plan they presently use will get them through this year. 

As a result of the discussion it was decided by the Committee to keep this matter within the Committee and do the following:

1.                   Obtain a complete schedule from the Express Soccer League

2.                   Compile a list of available fields within Maumee

3.                   Follow up with the Lucas County Recreation Center as to their policy for use of the fields. 

The Committee then would contact Mr. Karchner with the findings and a possible solution to the practice field they are seeking. 

The next item on the agenda for the Committee to review was the request from Lucas County Commissioners to have Maumee participate in the Children’s Wonderland again this year.  A copy of a 2004 report was reviewed by the Committee which indicated the City’s contribution last year.  The report was quite disturbing to the Committee.  While it is the intent of the majority of the Committee to recommend some type of contribution, the need to reduce the cost to the City was obvious. 

Prior to the meeting I did have the opportunity to talk briefly with Mr. Jim O’Neal from the office of the Lucas County Commissioners.  He indicated that the County has already appropriated funds in the budget for Children’s Wonderland.  He stated that they have contracted with a professional consultant to oversee the operation.  They have two corporate sponsors to date.  The hours will be changed to include a Monday opening as well as an additional week.  I did inquire as to any profits that were made last year and if so was there any profit sharing with the City.  He indicated that records provided data in two separate ways one to include labor costs and one without labor costs.  In any event there was some profit but there was never any proposal submitted to share the proceeds with the City.  Mr. O’Neal went on to say that he would anticipate that some of the man hours used to set the displays up would be reduced, now that it has been done once.  It should be noted that Mr. Gamble disagrees with this statement indicating that with new personnel in charge of overseeing the operation brings with it inexperience which could add to the time needed to set up the displays. 

After much discussion pertaining to this matter the Committee would recommend reducing the costs to the City’s contribution by reducing the number of man hours from 1505 to 500 thus reducing the costs to the City from $36,041 to $10,000.  Also suggested by Mr. Gamble that in the proposal there would be language indicating any profits would be split with the City by a percentage of man-hours. 

The third item on the agenda for discussion was to discuss the 2004 City pool operations.  Linda Wilker indicated that some expenses were still coming in and she was unable to provide the committee with any actual numbers until all expenses have been covered.  Mr. Joe Camp also indicated that he needed additional time to meet with the Pool Manager to review the season and bring to the Committee some recommendations.  Therefore the matter pertaining to the pool has been postponed and will be discussed later. 

The last item on the agenda was to discuss any items still in committee as reported in the record provided by the Clerk’s office.  The only thing that is shown is the youth center.  It was decided to leave this issue in committee at this time. 

Respectfully submitted,

Douglas Brainard, Chairman

Brent Buehrer

Todd Zimmerman 

Mr. BRAINARD moved the report be accepted with the exception of the issue of Children’s Wonderland.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD moved Mrs. Barlos be allowed to abstain from voting on the issue of Children’s Wonderland due to a conflict of interest.  Roll call:  All members present voting yea, the Chair declared the motion carried.

Mr. BRAINARD moved to accept the recommendation of the Parks and Recreation Committee regarding Children’s Wonderland.  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. SHOOK moved to authorize advertising for Charter Commission applicants.  Roll call:  All members present voting yea, the Chair declared the motion carried. 

Legislation was considered at this time. 

RESOLUTION NO.   271 – 2004                DECLARING IT NECESSARY TO IMPROVE FIFTH STREET BETWEEN CERTAIN POINTS IN THE CITY OF MAUMEE, OHIO, BY PAVING, GRADING, AND DRAINING WITH THE NECESSARY APPURTENANCES, ORDERING PREPARATION OF ESTIMATED ASSESSMENTS, 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed.

ORDINANCE NO.   272 – 2004                AUTHORIZING CHANGE ORDER TO CONTRACT WITH ARCADIS, FPS, RELATIVE TO PHASE 3 AREA 1 STORM SEWER IMPROVEMENT PROJECT IN 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   273 – 2004                AMENDING SECTION 2 OF ORDINANCE NO. 106-2004 AUTHORIZING TRADE-IN OF VEHICLES FOR DIVISION OF POLICE, REPEALING CERTAIN SECTION, 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.  274 - 2004                AUTHORIZING CHANGE ORDER TO CONTRACT FOR THE RECONSTRUCTION OF WAYNE STREET IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. SHOOK moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7); voting yea; nays none.

Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   275 – 2004                AUTHORIZING CONTRACT WITH ST. LUKE’S HOSPITAL RELATIVE TO EMPLOYEE HEALTH SERVICES FOR THE CITY OF MAUMEE, OHIO, 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   276 – 2004                AUTHORIZING CHANGE ORDER TO CONTRACT FOR THE CONSTRUCTION OF THE NEW POLICE FACILITY IN THE CITY OF MAUMEE, OHIO, 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, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed.

ORDINANCE NO.   277 – 2004                AUTHORIZING CHANGE ORDER TO CONTRACT WITH BUTLER INTERIORS RELATIVE TO INSTALLATION OF WALLPAPER FOR THE MUNICIPAL BUILDING OF THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

RESOLUTION NO.  278 – 2004                PROVIDING FOR A TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 2 OF ARTICLE X OF THE CHARTER OF THE CITY OF MAUMEE, OHIO.

The Clerk read the Ordinance by title only.

Mr. COYLE moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

RESOLUTION NO.  279 – 2004        ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   280 – 2004                AUTHORIZING PURCHASE OF AMBULANCE FOR DIVISION OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY, 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 and Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   281– 2004                AUTHORIZING CONTRACT WITH WARD DIESEL RELATIVE TO INSTALLATION OF NO SMOKE FILTER ON NEW AMBULANCE FOR THE CITY OF MAUMEE, OHIO.

The Clerk read the Ordinance by title only.

Mr. SHOOK moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   282– 2004                AUTHORIZING CONTRACT WITH MOTOROLA RELATIVE TO INSTALLATION OF RADIO EQUIPMENT ON NEW AMBULANCE FOR THE CITY OF MAUMEE, OHIO.

The Clerk read the Ordinance by title only.

Mr. BUEHRER moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed.

ORDINANCE NO.   283 – 2004                ACCEPTING BID AND AUTHORIZING PURCHASE OF RADIO SYSTEM AND EQUIPMENT, 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 and Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   284 – 2004                ACCEPTING BID AND AUTHORIZING PURCHASE OF THROAT MICROPHONES FOR RADIO SYSTEM, AND DECLARING AN EMERGENCY.

The Clerk read the Ordinance by title only.

Mr. CARR moved the ordinance be passed as an emergency measure.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle and Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   285 – 2004                DECLARING CERTAIN STRUCTURES LOCATED AT 202 AND 222 CONANT STREET TO BE SURPLUS PROPERTY, AUTHORIZING AGREEMENT WITH D&K ENTERPRISES FOR DEMOLITION OF SAME, 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 and Shook 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, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

ORDINANCE NO.   286 – 2004                APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS PURPOSES.

The Clerk read the Ordinance by title only.

Mr. BRAINARD moved the ordinance be placed on its final passage and passed.  Roll call:  Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7) voting yea; nays none.

So the Ordinance was passed. 

Mr. SHOOK moved to adjourn to executive session to discuss real estate acquisition.  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 7:30 p.m., Monday, October 4, 2004, carried v.v.