8
p.m. Monday, September 2, 2003
The
Council of the City of Maumee, Ohio, met on the above date and time with the
following members present: Barlos,
Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7). Mayor Wagener
presiding.
Mr.
SHOOK moved to suspend reading the minutes of the August 18, 2003 meeting and to
approve the Minutes Journal. Roll call: All
members present voting yea, the Chair declared the motion carried.
ORDINANCE
NO. 177 – 2003
GRANTING SPECIAL USE PERMIT FOR USE
OF A STRUCTURE FOR A DAY CARE CENTER ON CERTAIN REAL ESTATE AT 5759 MONCLOVA
ROAD IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to
pass by Mr. COYLE. Passed by 7-0
vote.
ORDINANCE
NO. 178 – 2003
AUTHORIZING CONTRACT WITH GATES-MCDONALD RELATIVE TO WORKERS COMPENSATION
INSURANCE COST CONTROL SERVICES FOR THE CITY OF MAUMEE AND DECLARING AN
EMERGENCY. Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
ORDINANCE
NO. 179 – 2003
ACCEPTING BID AND AUTHORIZING
PURCHASE OF STORZ FITTINGS FOR DEPARTMENT OF PUBLIC SAFETY, AND DECLARING AN
EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.
ORDINANCE
NO. 180 – 2003
LEVYING SPECIAL ASSESSMENTS FOR THE
PROPERTY OWNERS' SHARE OF THE COST OF LIGHTING THE STREETS AND PUBLIC WAYS IN
THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion to pass by
Mr. SHOOK. Passed by 7-0 vote.
ORDINANCE
NO. 181 – 2003
LEVYING ASSESSMENTS FOR CUTTING OF
NOXIOUS WEEDS AND DECLARING AN EMERGENCY. Motion to pass by Mr. BUEHRER.
Passed by 7-0 vote.
RESOLUTION
NO. 182 – 2003 DECLARING
IT NECESSARY TO IMPROVE CERTAIN STREETS, ALLEYS AND PUBLIC EASEMENTS BETWEEN
CERTAIN POINTS IN AN AREA DESCRIBED AS THE CRYSTAL AVENUE AREA DISTRICT IN THE
CITY OF MAUMEE, OHIO, BY CONSTRUCTING STORM SEWERS WITH THE NECESSARY
APPURTENANCES, ORDERING PREPARATION OF ESTIMATED ASSESSMENTS, AND DECLARING AN
EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 6-1 vote. Zimmerman (1) voting nay.
ORDINANCE
NO. 183 – 2003 AUTHORIZING EMPLOYMENT OF MANNIK & SMITH GROUP, INC., RELATIVE TO
ENVIRONMENTAL ASSESSMENT OF CERTAIN REAL PROPERTY IN THE CITY OF MAUMEE, OHIO,
AND DECLARING AN EMERGENCY. Motion to pass by Mr. CARR.
Passed by 7-0 vote.
ORDINANCE
NO. 184 – 2003
AUTHORIZING EMPLOYMENT OF G.M.
BARTON SURVEY RELATIVE TO SURVEY WORK FOR THE CITY OF MAUMEE, OHIO, AND
DECLARING AN EMERGENCY. Motion to pass by Mr. ZIMMERMAN. Passed by 7-0 vote.
(Repealed by Ordinance 189-2003.)
RESOLUTION
NO. 185 – 2003 DECLARING IT NECESSARY TO IMPROVE CONANT STREET BETWEEN CERTAIN POINTS
IN THE CITY OF MAUMEE, OHIO, BY CONSTRUCTING SIDEWALKS, WITH THE NECESSARY
APPURTENANCES, ORDERING PREPARATION OF ESTIMATED ASSESSMENTS, AND DECLARING AN
EMERGENCY. Motion to pass by Mr. BRAINARD. Passed by 7-0 vote.
RESOLUTION
NO. 186 – 2003 EXTENDING
THE MORATORIUM ON ISSUANCE OF BUILDING PERMITS FOR CONSTRUCTION OF CERTAIN
LARGE-SCALE RETAIL/COMMERCIAL STRUCTURES UNTIL OCTOBER 3, 2003, AND DECLARING AN
EMERGENCY. Motion to pass by Mrs. BARLOS. Passed by 7-0 vote.
ORDINANCE
NO. 187 – 2003
AUTHORIZING PURCHASE OF CERTAIN
REAL PROPERTY AT 413 GIBBS STREET FOR MUNICIPAL PURPOSES IN THE CITY OF MAUMEE,
OHIO, AND DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK.
Passed by 7-0 vote.
ORDINANCE
NO. 188 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES.
Motion to pass by Mr. BUEHRER. Passed
by 6-0 vote. Carr (1) abstaining.
ORDINANCE
NO. 189 – 2003 AUTHORIZING EMPLOYMENT OF PETERMAN & ASSOCIATES RELATIVE TO SURVEY
WORK FOR THE CITY OF MAUMEE, OHIO, REPEALING CERTAIN ORDINANCE, AND DECLARING AN
EMERGENCY. Motion to pass by Mr. COYLE. Passed by 7-0 vote.
A
letter from the Mayor appointing Karla Lewis, 505 Bay River Court, to the Parks
& Recreation Advisory Commission to a three year term ending August 31,
2006; Ann Sievert, 1213 Scott Street, to the Charter Review Advisory Commission
to a five year term ending August 31, 2008; and Robert Gardner, 1249 Key Street,
to the Maumee Tree Commission to a five year term ending May 31, 2004, was read.
Mr. SHOOK moved the appointments be confirmed.
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 Care Enterprises, Inc., for a Special Use Permit at 5759 Monclova
Road was read. The Secretary stated
there were no objections to the application. Mr. ZIMMERMAN moved the
necessary legislation be prepared to authorize approval of the application of
Care Enterprises, Inc., for a Special Use Permit at 5759 Monclova Road, as
recommended. Roll call:
All members present voting yea, the Chair declared the motion carried.
A
letter from the Police Chief requesting referral to the Buildings & Lands
Committee of the matter of temporarily relocating the Police Division operations
was read.
A
letter from the Service Director requesting an appropriation for the services of
Pierce Electric for the Maumee Summer Fair was read.
He stated the services provided by Pierce Electric amount to $5,586.67.
Mr.
ZIMMERMAN moved Mr. Carr be allowed to abstain from voting due to a conflict of
interest. Roll call:
All members present voting yea, the Chair declared the motion carried.
Mrs. BARLOS moved the necessary legislation be prepared to authorize an
appropriation of $5,586.67 for services provided by Pierce Electric for the
Maumee 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 by a 6-0 vote.
A
letter from the Finance Director requesting authorization of a contract for
workers' compensation administration services was read.
He stated the City's application to the Ohio Municipal League was denied
after review of the City's claims experience.
He said Gates-McDonald has proposed a contract in the amount of $8,800 to
provide Workers' Compensation cost control services for 2004 when the City will
be individually rated and enrolled in the state program. Mr. COYLE moved
the necessary legislation be prepared to authorize a contract with
Gates-McDonald in the amount of $8,800 as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from the Fire Chief tabulating bids received for the purchase of 1,054
Storz fire hydrant/hose fittings was read.
He stated two bids were received and he recommends the bid of Harrington
Company in the amount of $129,440. He
stated one bid was not in accordance with the bid specifications. Mrs.
BARLOS moved that the bid of Harrington Company be declared the lowest and best
and that the necessary legislation be prepared to authorize a contract in the
amount of $129,440, as recommended. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A
letter from the Finance Director requesting legislation to levy assessments for
street lighting and weed cutting was read.
He stated the street lighting assessments for 2003 total $262,648.98 and
weed cutting services total $2,872.18. Mr. SHOOK moved the necessary
legislation be prepared to levy assessments for street lighting in the amount of
$262,648.98 and for weed cutting services in the amount of $2,872.18, as
requested. Roll call:
All members present voting yea, the Chair declared the motion carried.
A
letter from the Service Director presenting the assessment roll for Crystal
Avenue Storm Sewer improvements and requesting a Declaration of Necessity was
read. He stated the estimated
construction cost of the project is $1,513,000 of which $209,480.76 is the
property owners' share to be assessed. Mr. SHOOK moved the necessary
legislation be prepared to authorize a Declaration of Necessity for the Crystal
Avenue Area Storm Sewer improvements, Phase 3, Area 1, to begin assessment
proceedings and construction of the improvements, as requested.
Roll call: Barlos, Brainard,
Buehrer, Carr, Coyle and Shook (6) voting yea; Zimmerman (1) voting nay.
The Chair declared the motion carried by a 6-1 vote.
A
letter from the Commissioner of Community Development requesting authorization
of a contract for the purchase and installation of "web cameras" for
the City's web page was read. Mr. Carr requested that additional
information be presented to a committee of Council.
A
letter from the Service Director requesting authorization of an agreement for
engineering services was read. He
stated his request is for an environmental assessment in an amount not to exceed
$10,000 and a property survey in an amount not to exceed $10,000. Mr.
BUEHRER moved the necessary legislation be prepared to authorize a contract with
a surveyor to perform a property survey in an amount not to exceed $10,000.
Roll call: All members
present voting yea, the Chair declared the motion carried. Mr. BUEHRER
moved the necessary legislation be prepared to authorize a contract with Mannik
& Smith, Inc., to perform an environmental assessment in an amount not to
exceed $10,000. Roll call:
All members present voting yea, the Chair declared the motion carried.
A
petition of Sally R. Barnum, et al, for vacation of the easterly 169.25 feet of
the alleyway in the 300 block between West Broadway Street and West Harrison
Avenue was read. Mr. SHOOK moved a public hearing be set for Monday,
September 15 at 8:00 p.m. Roll
call: Barlos, Brainard, Carr,
Coyle, Shook and Zimmerman (6) voting year; Buehrer (1) voting nay. The Chair declared the motion carried by a 6-1 vote.
A
letter from the Administrator requesting a resolution of necessity for
streetscape improvements in the 100 and 500 blocks of Conant Street was read. He stated that, in order to move forward with the Conant
Streetscape project, it is necessary to create a Special Assessment District for
the associated sidewalk improvements. He
stated the assessment roll totals $19,653 and includes only the cost of basic
concrete sidewalks with the City paying for exposed aggregate finish and all
other improvements. Mr. ZIMMERMAN moved the necessary legislation be
prepared to authorize a resolution of necessity for streetscape improvements in
the 100 and 500 blocks of Conant Street, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from David Westrick requesting extension the moratorium on the issuance
of building permits for new construction of retail commercial buildings larger
than 40,000 square feet was read. He
requested Council extend the moratorium because the code revisions have not been
completed. Mr. CARR moved the moratorium on large scale retail be extended
until October 3, 2003. Roll call:
All members present voting yea, the Chair declared the motion carried.
Mr.
Shook gave a verbal report of the Committee of the Whole which met just prior to
this meeting. He stated that
proposed plans for Anthony Wayne Trail beautification project were presented by
the Commissioner of Community Development; Tom Yurysta, Proudfoot Associates;
and John Squire, landscape architect, and that other items on the agenda were
also discussed. Mr. SHOOK
moved the report be approved. Roll
call: All members present voting
yea, the Chair declared the motion carried.
Mr.
CARR moved the necessary legislation be prepared to authorize a contract with an
engineering survey firm in an amount not to exceed $15,000 to prepare legal
descriptions of properties affected by the zoning changes in the C-M district
should this become necessary in the preparation of the revision of the zoning
code. Roll call:
All members present voting yea, the Chair declared the motion carried.
Legislation
was considered at this time. (Ordinance
177-2003 through Resolution 186-2003.)
Mr.
SHOOK moved to go into executive session to discuss the purchase and sale of
real estate and pending litigation.
When
Council returned to regular session, Mr. COYLE moved the necessary legislation
be prepared to authorize the purchase of property at 413 Gibbs Street in the
amount of $125,000. Roll call:
All members present voting yea, the Chair declared the motion carried.
Mr. BRAINARD moved the necessary legislation be prepared to appropriate funds
for the purchase of the 413 Gibbs Street property.
Roll call: All members
present voting yea, the Chair declared the motion carried.
The
Service Director requested legislation authorizing an agreement with Peterman
and Associates for surveying services and repealing Ordinance 184-2003 passed
earlier in the meeting. Mrs. BARLOS moved the necessary legislation be
prepared to repeal Ordinance 184-2003 and to authorize a contract with Peterman
and Associates in an amount not to exceed $10,000.
Roll call: All members
present voting yea, the Chair declared the motion carried.
Ordinances
187-2003, 188-2003 and 189-2003 were considered at this time.
Mr. CARR moved to adjourn until 8:00 p.m., Monday, September 15, 2003, carried v.v.
**************************************
8 p.m. Monday, September 15, 2003
The Council of the City of Maumee, Ohio, met on the above
date and time with the following members present:
Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7).
Mayor Wagener presiding.
Mr. SHOOK moved to suspend reading the minutes of the
September 2, 2003 meeting and to approve the Minutes Journal. Roll call:
All members present voting yea, the Chair declared the motion carried.
ORDINANCE
NO. 190 – 2003
AUTHORIZING CONTRACT WITH POGGEMEYER DESIGN GROUP, INC.,
FOR SURVEYING SERVICES FOR THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. COYLE. Passed by 7-0 vote.
ORDINANCE
NO. 191 – 2003
AUTHORIZING THE FILING OF AN APPLICATION WITH THE STATE OF OHIO TO
PARTICIPATE IN THE FY2003 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
DOWNTOWN REVITALIZATION PROGRAM, TO EXECUTE CONTRACT WITH THE STATE OF OHIO, AND
DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
RESOLUTION
NO. 192 – 2003
AUTHORIZING THE MAYOR AND MUNICIPAL CLERK TO FILE AN
APPLICATION TO PARTICIPATE IN THE OHIO DEPARTMENT OF PUBLIC SAFETY 2004 3RD
GRADE SAFETY BELT PROGRAM, AUTHORIZING ACCEPTANCE OF GRANT, AND DECLARING AN
EMERGENCY. Motion to pass by Mrs.
BARLOS. Passed by 7-0 vote.
ORDINANCE
NO. 193 – 2003
AUTHORIZING EXECUTION OF CONTRACT RELATIVE TO ROOF
REPLACEMENT AT FORD FIELD, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN
EMERGENCY. Motion to pass by Mr.
SHOOK. Passed by 7-0 vote.
ORDINANCE
NO. 194 – 2003
AMENDING ORDINANCE NO. 102-2002 RELATIVE TO THE
COMPENSATION OF CERTAIN EMPLOYEES OF THE CITY OF MAUMEE, REPEALING CERTAIN
ORDINANCE, AND DECLARING AN EMERGENCY. Motion
to pass by Mr. BUEHRER. Passed by
7-0 vote.
ORDINANCE
NO. 195 – 2003
ACCEPTING BID FOR THE IMPROVEMENT OF CONANT STREET BETWEEN CERTAIN
POINTS IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. ZIMMERMAN. Passed
by 7-0 vote.
ORDINANCE
NO. 196 – 2003
ACCEPTING BID FOR THE CONSTRUCTION OF A SWIMMING POOL AT ROLF PARK IN THE
CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. CARR. Passed
by 7-0 vote.
ORDINANCE
NO. 197 – 2003
ACCEPTING BID AND AUTHORIZING PURCHASE OF TRIPLE COMBINATION PUMPER FIRE
TRUCK AND EQUIPMENT FOR DIVISION OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY, AND
DECLARING AN EMERGENCY. Motion to
pass by Mr. COYLE. Passed by 7-0
vote.
ORDINANCE
NO. 198 – 2003
AUTHORIZING AWARD OF JOB CREATION AND RETENTION PILOT PROGRAM GRANT TO
GILMORE, JASION & MAHLER, LTD., AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD. Passed
by 7-0 vote.
ORDINANCE
NO. 199 – 2003
AUTHORIZING AGREEMENT WITH LUCAS COUNTY BOARD OF COMMISSIONERS FOR USE OF
LUCAS COUNTY RECREATION CENTER HALL #2 FOR COMMUNITY HALLOWEEN PARTY AND
DECLARING AN EMERGENCY. Motion to pass by Mr. SHOOK.
Passed by 6-0 vote. Barlos
(1) abstaining.
ORDINANCE
NO. 200 – 2003 ACCEPTING BID FOR CONSTRUCTION, REPAIR, AND
RECONSTRUCTION OF CERTAIN SIDEWALKS, IN THE CITY OF MAUMEE, OHIO, WITH THE
NECESSARY APPURTENANCES, AUTHORIZING EXECUTION OF CONTRACT, AND DECLARING AN
EMERGENCY. Motion to pass by Mrs.
BARLOS. Passed by 7-0 vote.
ORDINANCE
NO. 201 – 2003
APPROPRIATING AND TRANSFERRING
FUNDS FOR VARIOUS EXPENDITURES. Motion
to pass by Mr. BUEHRER. Passed by
7-0 vote.
The Mayor opened a public hearing on the petition of
Sally R. Barnum, et al, for vacation of the easterly 169.25 feet of the alleyway
in the 300 block between West Broadway Street and West Harrison Avenue.
William McCready, attorney; Sally Barnum, 117 Cass Street and Dan Stein,
307 W. Harrison; all spoke in favor of the vacation stating the vacation of the
alley would put an end to the neighborhood dispute over the use of the improved
alley. Mr. Stein offered to create
an access easement for other neighbors for limited use of the driveway for
maintenance and yard waste removal. Marita
Deitering, 332 W. Broadway; Mr & Mrs. Brad Wotring, 317 W. Harrison; Mr.
& Mrs. Winston Vance, 321 W. Harrison; and Ken Pauken, 918 W. Broadway, all
spoke in opposition to the vacation stating concern over fire protection without
access through the alley, increased traffic, and utilities located in the alley.
Mr. McCready stated that an easement for utility maintenance would be
included in the vacation. The Law
Director stated the issues to be determined are:
1) if there is good cause to vacate and, 2) if such vacation would be
detrimental to the public good. She
also stated the code has no provision for closing a public right of way that has
been opened. She added that use of
an alleyway that is not improved for travel is not permitted.
The Service Director stated that access to the balance of the alleyway is
available only through the east end of the alley. He stated a barrier could be designed to allow emergency
vehicles to pass. Mr. SHOOK moved
the public hearing be closed. Roll
call: All members present voting
yea, the Chair declared the motion carried.
Mr. BUEHRER moved to grant the vacation of the easterly 169.25 feet of
the alleyway in the 300 block between West Broadway Street and West Harrison
Avenue. Roll call:
Brainard (1) voting yea; Barlos, Buehrer, Carr, Coyle, Shook and
Zimmerman (6) voting nay. The Chair
declared the motion failed by a 1-6 vote. Mrs.
BARLOS requested that the creation of a barrier at the westerly limit of the
improved portion of the alleyway be addressed by the Service Director.
Mrs. BARLOS moved to refer the issue of the closure of street and alley
rights of way to the Code Committee. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A letter from the Mayor appointing Matthew Mathias, E.
William Street, to Captain of Heavy Rescue in the Fire Division was read. Mr.
BRAINARD moved the appointment be confirmed.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Police Chief requesting review of
charges for copies of police reports and other police records was read.
Mr. SHOOK moved the matter be referred to the Finance Committee.
Roll call: All members
present voting yea, the Chair declared the motion carried.
An appeal by Art & Sign, Inc., of an Administrative
Board decision denying a waiver of the size limit for a sign at 201 Illinois
Avenue was presented. A letter from
the Chief Building and Zoning Official was read.
He stated he has no objection to the approval of a variance to allow this
150 square foot sign. Louis Boehk,
owner of the car wash, stated the sign had been reduced since he no longer sells
gasoline. Mr. BUEHRER moved to
approve the variance to allow a reader board to be added to a non-conforming
sign at 201 Illinois 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 apply for a Community Development Block Grant (CDBG)
for Downtown Revitalization was read. He
stated the CDBG Tier 2 grant application would be in the amount of $400,000.
Mr. COYLE moved the necessary legislation be prepared to authorize a CDBG
application, as requested. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A letter from the Acting Police Chief requesting
authorization of an agreement with the Ohio Department of Public Safety for the
Third Grade Safety Belt Program was read. He
stated the grant is in the amount of $2.00 for each third grader receiving
instruction, not to exceed $436. Mr.
ZIMMERMAN moved the necessary legislation be prepared to authorize a contract
with the Ohio Department of Public Safety for the 3rd Grade Safety Belt Program
and acceptance of grant funds for fiscal year 2004, 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 roofing replacement at Ford Field
concession stand was read. He
stated Chris Flynn Remodeling of Maumee has proposed a contract in the amount of
$1,113 for the roof replacement. Mr.
BRAINARD moved the necessary legislation be prepared to authorize a contract
with Chris Flynn Remodeling in the amount of $1,113, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Administrator requesting amendment of
the part-time personnel ordinance to provide for Relief Fire Prevention
Inspector was read. He stated the
Fire Division requires properly qualified relief personnel to supplement fire
inspection operations in times of absences or heavy demand.
He said the current version of the ordinance covering part-time personnel
does not specifically address part-time or relief fire inspectors and he
requests fire inspectors be added to the ordinance at a range of $12.00 to
$14.00 per hour. Mr. SHOOK moved
the necessary legislation be prepared to amend the ordinance covering part-time
personnel, as requested. Roll call:
All members present voting yea, the Chair declared the motion carried.
A letter from the Commissioner of Community Development
requesting consideration of amendment of the contract for architectural services
for the Maumee Indoor Theater was read. He stated that the scope of the architect's services has
changed. Mr. BUEHRER moved the
matter be referred to the Buildings & Lands Committee.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A tabulation of bids received by the Administrator for
Conant Street Streetscape Improvement project was presented.
He stated he recommends the bid of Schoen, Inc., in the amount of
$347,875.20 for "Contract A", being the construction of the overlook
and streetscape from the bridge to Harrison Street with a completion date of
December 31, 2003. He stated the
improvements north of Harrison Avenue have a June 20, 2004, completion date.
Mrs. BARLOS moved the bid of Schoen, Inc., be declared
the lowest and best and the necessary legislation be prepared to authorize a
contract in the amount of $347,875.20, as recommended.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Commissioner of Community Development
requesting authorization to advertise for bids for the Anthony Wayne Trail
Beautification project was read. He
stated the engineer's estimated cost of $166,000 is for construction of white
vinyl fencing on the north side of Anthony Wayne Trail from Ford Street to
Conant Street and on the south side from Gibbs Street to White Street.
Mr. Buehrer requested that property owners be contacted regarding
existing signs and snow removal. Mr.
SHOOK moved to authorize advertising for bids for the Anthony Wayne Trail
Beautification project, as requested. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A tabulation of bids received by the Service Director for
construction of an outdoor swimming facility at Rolf Park was presented.
He stated five bids were received and he recommends the bid of Mosser
Construction in the amount of $3,202,100, which includes all alternates of pool,
pool site, and parking lot lighting and inner tube slide and pump.
The engineer's estimate was $4,000,000.
Mr. SHOOK moved the bid of Mosser Construction be declared the lowest and
best and the necessary legislation be prepared to authorize a contract in the
amount of $3,202,100, as recommended. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A tabulation of bids received by the Fire Chief for
purchase of a custom triple combination pumper fire truck was presented.
He stated one bid was received in the amount of $455,475 and he
recommends the bid of Finley Fire Equipment in the amount of $442,241, which
includes prepayment discount of $13,234. Mr.
CARR moved the bid of Finley Fire Equipment be declared the lowest and best and
the necessary legislation be prepared to authorize a contract in the amount of
$442,241, as recommended. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A letter from the Administrator recommending approval of
a Job Creation and Retention Grant agreement for Gilmore, Jasion, and Mahler,
Ltd., a public accounting firm was read. He
stated he recommends a grant in the amount of up to $135,200 payable over the
next eight years. James Page,
administrative manager for the firm, was present and stated that 62 employees
would be located at 1715 Indian Wood Circle.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a
Job Creation and Retention Grant for Gilmore, Jasion, and Mahler, Ltd., in an
amount up to $16,900 per year over the next eight years, as recommended.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A letter from the Mayor requesting authorization of a
contract for rental of a hall at Lucas County Recreation Center for a children's
Halloween party was read. He stated
there is no charge for the rental. Mr.
BRAINARD moved Mrs. Barlos be allowed to abstain from voting due to a conflict
of interest. Roll call:
All members present voting yea, the Chair declared the motion carried.
Mr. ZIMMERMAN moved the necessary legislation be prepared to authorize a
contract for rental of a hall at Lucas County Recreation Center Rec Hall 2, as
requested. Roll call:
All members present voting yea, the Chair declared the motion carried.
A tabulation of bids received by the Commissioner of
Public Service for the 2003 sidewalk repair program was presented.
He stated two bids were received and he recommends the bid of Ryan
Construction of Waterford, Michigan, in an amount up to $53,968.95.
Mrs. BARLOS moved the bid of Ryan Construction be declared the lowest and
best and the necessary legislation be prepared to authorize a contract in an
amount up to $53,968.95, as recommended. Roll
call: All members present voting
yea, the Chair declared the motion carried.
Mr. Shook gave a verbal report of the Committee of the
Whole which met just prior to this meeting.
He stated that the Committee took a tour of the Maumee Indoor Theater and
the E. William Street parking lot renovations, and that other items on the
agenda were also discussed. Mr.
SHOOK moved the report be approved. Roll
call: All members present voting
yea, the Chair declared the motion carried.
Winston Vance, 321 W. Harrison; Kathy Kiefer, 223 W.
Harrison; Gail Lindsay, 1419 Cass Road; and Ed Ottensman, 318 W. Harrison; all
spoke in favor of reconsideration of opening the alley for vehicular access to
317 W. Harrison Avenue to consider a recently received arborist's report.
Mr. Buehrer stated that conflicting testimony has been presented relative
to the impact on a nearby elm tree by the construction of a driveway at 317 W.
Harrison Avenue. He stated the tree is in excess of fifty inches in diameter
although the arborist's report states it is 36". Mr. BUEHRER moved to place on the agenda of the October 6
meeting of Council consideration of suspending Council's rules to allow
reconsideration of the request to improve the alleyway in order to provide
driveway access behind 317 W. Harrison and to extend the deadline for
construction of a driveway for the house at 317 W. Harrison from September 30 to
October 20, 2003. Roll call:
Buehrer, Carr, Shook and Zimmerman (4) voting yea; Barlos, Brainard and
Coyle (3) voting nay. The Chair declared the motion carried by a 4-3 vote.
Legislation was considered at this time.
Mr. SHOOK moved to go into executive session to discuss
the purchase and sale of real estate and pending litigation.
When Council returned to regular session, the Mayor had
excused himself and Councilman Shook assumed the chair.
******************************************
MINUTES
OF SPECIAL MEETING
Wednesday,
October 1, 2003, at 6:30 p.m.
The
Council of the City of Maumee met in special session in Council Chambers at the
above time and date with the following members present:
Barlos, Brainard, Carr, and Zimmerman (4), Buehrer, Coyle and Shook (3)
absent.
Mayor
Wagener presiding.
The
Mayor stated the meeting was called to discuss consideration of a land exchange
with the Maumee City School District and to be apprised of a proposed settlement
agreement with developers of property west of I-475/US23 and south of Monclova
Road.
Mr.
CARR moved to adjourn to executive session to discuss the purchase and sale of
real estate. Roll call:
All members present voting yea, the Chair declared the motion carried.
When
Council returned to regular session, Mr. Carr stated the Council has considered
the proposal of the Board of Education and generally supports the exchange of
property which would facilitate the construction of a new school building at
2501 River Road. He stated that
certain details must be addressed and agreed upon in order to proceed with the
exchange of 2501 River Road for the Ft. Miami School site property in the
future.
Mr.
CARR moved to refer the matter to the Law Department to prepare the terms for a
contract for the exchange of properties with the school district.
Roll call: All members
present voting yea, the Chair declared the motion carried.
The
Mayor announced that a tentative agreement has been reached with owners of
property zoned C-M Commercial-Industrial west of I-475/US23 to provide for a
mixed use development.
The
Law Director stated the agreement applies to land owned by Isaac Land
Investments, Ltd., and General Growth Properties, Inc., and is subject to
enactment of certain changes to the Planning and Zoning Code.
She stated the proposal requires that a new zoning overlay district be
created and that Site Plan and Design Review Standards be adopted.
Mr.
Carr stated that such changes will incorporate standards in the Planning and
Zoning code similar to those of Arrowhead Park, which are implemented by
property owners, and that retail uses will be limited to fifty percent of the
area. He also stated that the
Fallen Timbers battlefield entrance and Jerome Road residents will be buffered
by increased set backs and restrictions on retail development.
He added that a ninety day extension to the moratorium on issuing
building permits for retail development in this area is needed in order to
address changes in the Planning and Zoning Code.
He stated this agreement was reached after many meetings with developers,
owners, residents, and members of the administration.
The
Administrator stated the agreement provides a framework for balanced growth in
accordance with the City's Master Plan. He
said a final agreement would be brought before Council at the next regular
meeting.
Mr.
CARR moved to adjourn until 8:00 p.m., Monday, October 6, 2003, carried v.v.
*****************************************
8 p.m. Monday, October 6, 2003
The Council of the City of Maumee, Ohio, met on the above date and time
with the following members present: Barlos, Brainard, Buehrer, Carr, Coyle,
Shook and Zimmerman (7). Mayor
Wagener presiding.
Mr. SHOOK moved to suspend reading the minutes of the September 15, and
October 1, 2003 meetings and to approve the Minutes Journal. Roll call:
All members present voting yea, the Chair declared the motion carried.
ORDINANCE NO.
202 - 2003
AUTHORIZING EXECUTION OF
LETTER OF INTENT WITH ISAAC GROUP AND GENERAL GROWTH PROPERTIES INC. RELATIVE TO
DEVELOPMENT OF CERTAIN REAL PROPERTY IN THE CITY OF MAUMEE, OHIO, AND DECLARING
AN EMERGENCY. Motion to pass by Mr. COYLE.
Passed by 7-0 vote.
ORDINANCE NO.
203 - 2003
AUTHORIZING EXECUTION OF
CONTRACT WITH ROCKY FORK COMPANY RELATIVE TO TUB GRINDING SERVICES IN THE CITY
OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
ORDINANCE NO.
204 - 2003
AUTHORIZING CONTRACT WITH
DUKE’S SALES AND SERVICE, INC., RELATIVE TO SEWER TREATMENT, AND DECLARING AN
EMERGENCY. Motion to pass by Mrs.
BARLOS. Passed by 7-0 vote.
ORDINANCE NO.
205 - 2003
AUTHORIZING AGREEMENT WITH
FOSTER EXCAVATING INC. RELATIVE TO SANITARY SEWER EXTENSION ON EAST WILLIAM
STREET IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY.
Motion to pass by Mr. SHOOK. Passed
by 7-0 vote.
ORDINANCE NO.
206 - 2003
AUTHORIZING AGREEMENT WITH
BURKHART & SONS EXCAVATING INC. RELATIVE TO GRAHAM DITCH PIPE INSTALLATION
IN THE CITY OF MAUMEE, OHIO AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BUEHRER. Passed
by 7-0 vote.
ORDINANCE NO.
207 - 2003
AUTHORIZING CONTRACT WITH
SCHONHARDT & ASSOCIATES RELATIVE TO ACCOUNTING SERVICES FOR THE CITY OF
MAUMEE, OHIO, AND DECLARING AN EMERGENCY. Motion
to pass by Mr. ZIMMERMAN. Passed by
7-0 vote.
RESOLUTION NO.
208 – 2003
PROVIDING FOR A TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
OF ARTICLE X OF THE CHARTER OF THE CITY OF MAUMEE, OHIO.
Motion to pass by Mr. CARR. Passed
by 7-0 vote.
RESOLUTION
NO. 209 – 2003
ACCEPTING THE AMOUNTS AND RATES AS
DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND
CERTIFYING THEM TO THE COUNTY AUDITOR. Motion
to pass by Mr. COYLE. Passed by 7-0
vote.
ORDINANCE NO.
210 - 2003
AUTHORIZING CHANGE ORDER
NUMBER EIGHT WITH CONTRACT WITH MOSSER CONSTRUCTION RELATIVE TO IMPROVEMENTS TO
THE MAUMEE INDOOR THEATER, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. BRAINARD. Passed
by 7-0 vote.
ORDINANCE NO.
211 - 2003
AUTHORIZING AMENDMENT TO
AGREEMENT WITH POGGEMEYER DESIGN GROUP FOR SERVICES RELATIVE TO MAUMEE INDOOR
THEATER IN THE CITY OF MAUMEE, OHIO, AND DECLARING AN EMERGENCY.
Motion to pass by Mrs. BARLOS. Passed
by 7-0 vote.
ORDINANCE NO.
212 - 2003
APPROPRIATING AND
TRANSFERRING FUNDS AND MAKING AN ADVANCE FOR VARIOUS EXPENDITURES.
Motion to pass by Mr. SHOOK. Passed
by 7-0 vote.
Mr.
SHOOK moved that Council rules be suspended in order to immediately address
agenda items J and K. Roll call:
All members present voting yea, the Chair declared the motion carried.
A
letter from the Administrator requesting approval of agreements with property
owners regarding development and zoning issues in the City west of I-475/US23
was read. He stated the agreements
provide the framework for a general settlement of the various issues surrounding
development in the Fallen Timbers area. He said the agreement with the two
property owners 1) calls for a new zoning overlay district which would apply to
parcels owned by Isaac Land Investments, Ltd., and General Growth Properties, 2)
limits retail development in this Fallen Timbers Overlay district to 50% of the
area, 3) provides buffers for residential and historic sites to the east, 4)
endorses the proposed Site Plan Review and Design Review Standards with
Municipal Planning Commission review of structures 30,000 square feet or larger
or developments requiring a traffic study and certain other conditions.
Mr. SHOOK moved the necessary legislation be prepared to enter into
agreements with Isaac Land Investments, Ltd., and General Growth Properties,
Inc., concerning the future development of the property west of I-475, as
requested. Roll call:
All members present voting yea, the Chair declared the motion carried.
A
letter from the Administrator requesting approval of a new section in the
Planning and Zoning Code creating a Fallen Timbers Overlay District was read.
He stated that in order to implement the letter agreements with the Isaac
Development Company and General Growth Properties, certain amendments must be
made to the zoning code. He stated
the amendment will define the district and modify the requirements, regulations,
permitted uses, and procedures of the underlying C-M Commercial/Industrial
Zoning district. Mrs. BARLOS moved
the matter be referred to the Municipal Planning Commission.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
proposal to suspend Council rules to allow reconsideration of the request to
improve the alleyway between West Harrison Avenue and West Broadway Street west
of Cass Street was considered. The
Law Director recounted that Council previously determined the alley should not
be opened and, when challenged, defended its decision before Judge Skow in the
Common Pleas Court. She said
further legal challenge would be before Judge Skow and she recommended Council
affirm its previous decision and avoid reconsideration.
Mr. BUEHRER moved to waive Council rules to reconsider the request to
improve the alleyway. Roll call:
Yeas none; Barlos, Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman
(7) voting nay. The Chair declared
the motion failed by a 0-7 vote. Mr.
BUEHRER moved that Mr. Shook be allowed to abstain from consideration of an
agreement with Maumee City School District due to a conflict of interest.
Roll call: All members present voting yea, the Chair declared the motion
carried. Mrs. BARLOS moved that the
agenda item regarding the request of Maumee City Schools for an exchange of
parcels of land to facilitate construction of a new school building be referred
to executive session at the end of the meeting.
Roll call: Barlos, Brainard,
Buehrer, Carr, Coyle and Shook (6) voting yea; nays none; Shook (1) abstaining.
The Chair declared the motion carried by a 6-0 vote.
A
letter from the Commissioner of Public Service requesting authorization of a
contract for mulch tub grinding service was read.
He stated that effective September 1, 2003, there is an annual
requirement at all compost facilities to dispose of brush piles by chipping or
grinding into mulch. Rocky Fork
Company of New Albany, Ohio, quoted a price of $8,900 for the service.
This cost is unchanged from previous years.
Mr. BRAINARD moved that the necessary legislation be prepared to
authorize a contract for tub mulch grinding services, 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 chemical root control treatment in sanitary sewer lines for
Anderson, Burns, Elco, Holgate, Shelly and West William Streets was read.
He stated that preventative treatment of sewers to help control the
growth of roots is performed annually. Duke’s
Sales and Service, Inc. proposed treatment for 7,485 feet of sewer lines for an
amount of $12,263.99. Mr. ZIMMERMAN
moved that the necessary legislation be prepared to authorize a contract for
chemical root control treatment, 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
construction of an East William Street sanitary sewer extension was read.
He stated that Foster Excavating proposed a price of $5,340, which is
below the engineer’s estimate, to extend the main approximately 150 feet and
connect the residence at 227 East William Street.
Mr. COYLE moved that the necessary legislation be prepared to authorize a
contract with Foster Excavating for a sanitary sewer extension, 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
construction of a storm sewer improvement in Graham Ditch was read.
He stated that the Sewer Division staff has had difficulty gaining access
to and cleaning a portion of Graham Ditch due to the proximity of structures.
He said a proposal has been received from Burkhart and Sons Excavating,
Inc. to install 24 feet of 54-inch circular concrete pipe for $2,500.
Mr. SHOOK moved that the necessary legislation be prepared to authorize a
contract with Burkhart and Sons Excavating, Inc. to perform the work in
conjunction with the Sewer Division staff, 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
software and consulting services for annual financial reporting was read. He stated that significant changes are needed because of the
requirement to implement GASB 34, the new reporting standard.
Schonhardt and Associates submitted a three-year proposal for accounting
services with a start-up cost of $4,800, a software cost of $7,500 and an
ongoing preparation cost ranging from $18,500 to $20,000 each year.
Mrs. BARLOS moved that the necessary legislation be prepared to authorize
a contract with Schonhardt and Associates for accounting software and services
for reporting years 2003, 2004 and 2005, 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 year 2003 was read. He
stated that the Lucas County Budget Commission has approved a levy of 3.4 mills
for the General Fund and 0.3 mills for the Police Pension Fund. He also stated that due to the structure of the levies for
Springfield School District, the City must designate 1.20 mills of the General
Fund levy as “outside” the 10 mill limitation as is authorized by the
Charter. Mr. SHOOK moved to adopt
resolutions to accept the tax amounts and rates and to authorize the necessary
tax levies and certify them to the County auditor, 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 change order number eight for the Indoor Theater for roof deck
replacement was read. He stated
that the metal decking of the roof structure over the entire main theater is
deteriorated beyond repair and must be replaced.
Mosser Construction Inc. has quoted a cost of $29,755 for the
replacement. Mr. BRAINARD moved
that the necessary legislation be prepared to approve change order number eight
in an amount not to exceed $29,755, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from the Service Director requesting authorization to open a new section
of the cemetery for lot sales was read. He
stated his request is to extend the Original Plat of Riverside Cemetery and open
48 lots (192 grave sites) in the area north of the rear drive in accordance with
Section 953.01 of the Codified Ordinance. Mr.
CARR moved to authorize opening the area north of the north drive in Riverside
Cemetery for gravesites, as requested. Roll call: All
members voting yea, the Chair declared the motion carried.
An
application of St. Paul’s Lutheran Church for a Conditional Use permit in the
100 block of East Broadway Street to allow construction of an addition and
renovations in the church in the 100 blocks of East Wayne and Broadway Streets
was presented. Mr. SHOOK moved to
allow Mr. Buehrer and Mr. Carr to abstain from voting due to a conflict of
interest. Roll call:
All members present voting yea, the Chair declared the motion carried.
Mr. ZIMMERMAN moved to refer the matter to the Municipal Planning
Commission. Roll call:
Barlos, Brainard, Coyle, Shook and Zimmerman (5) voting yea; nays none;
Buehrer and Carr (2) abstaining. The
Chair declared the motion carried by a 5-0 vote.
Mr.
Shook gave a verbal report of the Committee of the Whole which met just prior to
this meeting. He stated that the
Committee viewed a presentation by General Growth Properties regarding a
“lifestyle” shopping center for the proposed Fallen Timbers Overlay District
and a report by the Administration highlighting the development agreement with
Isaac Development Company and General Growth Properties, and that other items on
the agenda were also discussed. Mr.
SHOOK moved the report be approved. Roll
call: All members present voting
yea, the Chair declared the motion carried.
Mr.
Buehrer read the following report of the Buildings and Lands Committee meeting
of August 18 and 28, 2003. (Report
in full in Minutes Journal.) Mr.
BUEHRER moved the report be approved in its entirety.
Roll call: All members
present voting yea, the Chair declared the motion carried.
Mr.
Buehrer read the following report of the Buildings and Lands Committee meeting
of September 22, 2003. (Report in
full in Minutes Journal.) Mr.
BUEHRER moved the report be approved in its entirety.
Roll call: All members
present voting yea, the Chair declared the motion carried.
Dave
Westrick, 220 West Wayne Street, representing the Stop the Mall group, spoke
favorably regarding the development agreements with Isaac Development Company
and General Growth Properties and the Fallen Timbers Overlay District.
He stated he will be discussing the proposed lifestyle center with his
group and neighbors.
Mr.
ZIMMERMAN moved that the matter of funding Workers’ Compensation Benefits for
2004 be referred to the Finance and Economic Development Committee.
Roll call: All members
present voting yea, the Chair declared the motion carried.
The
Law Director spoke regarding electric aggregation reporting that an offer to
supply electric power made by WPS Energy Services, Inc., for year three of its
contract with Northwest Ohio Aggregation Coalition (NOAC) was rejected by NOAC
members. Mr.
BRAINARD moved to reject the WPS offer and authorize NOAC to solicit bids for
electric aggregation. Roll call: All
members present voting yea, the Chair declared the motion carried.
Mr.
BUEHRER moved to refer a letter from the Maumee Rotary Club regarding naming
rights for a new River Road park to the Buildings and Lands Committee. Roll call: All
members present voting yea, the Chair declared the motion carried.
Mr.
CARR moved to extend the moratorium for building permits for 90 days for
projects within the proposed Fallen Timbers Overlay District.
Roll call: All members
present voting yea, the Chair declared the motion carried.
Legislation
was considered at this time.
Mr.
SHOOK moved to go into executive session to discuss the purchase and sale of
real estate and threatened litigation.
When
Council returned to regular session, Mr. CARR moved to direct the Law Department
to set a meeting with Administration and Maumee City School representatives to
resolve the terms of an exchange of parcels of land.
Roll call: Barlos, Brainard,
Buehrer, Carr, Coyle and Zimmerman (6) voting yea; nays none; Shook (1)
abstaining. The Chair declared the
motion carried by a 6-0 vote.
Mr.
BRAINARD moved to table the matter of the request of Maumee City Schools for an
exchange of parcels of land to facilitate construction of a new school building.
Roll call: Barlos, Brainard,
Buehrer, Carr, Coyle and Zimmerman (6) voting yea; nays none; Shook (1)
abstaining. The Chair declared the
motion carried by a 6-0 vote.
Mr.
CARR moved to adjourn until 8:00 p.m., Monday, October 20, 2003, carried v.v.
********************************
8:00
P.M. Monday, October 20, 2003
The
Council of the City of Maumee, Ohio, met on the above date and time with the
following members present: Barlos,
Brainard, Buehrer, Carr, Coyle, Shook and Zimmerman (7).
Mr. SHOOK moved to suspend reading the minutes of the
October 6, 2003 meeting and to approve the Minutes Journal.
Roll call: All members
present voting yea, the Chair declared the motion carried.
Mr. SHOOK moved Mrs. Barlos be allowed to abstain from
voting on Ordinance 213-2003 due to a conflict of interest.
Roll call: All members
present voting yea, the Chair declared the motion carried.
ORDINANCE NO.
213 – 2003 AMENDING
AGREEMENT WITH BOARD OF COUNTY COMMISSIONERS OF LUCAS COUNTY RELATIVE TO
INCARCERATION OF CITY PRISONERS AT NORTHWEST OHIO’S MULTI-COUNTY MUNICIPAL
CORRECTION CENTER AND DECLARING AN EMERGENCY.
Motion to pass by Mr. COYLE. Passed
by 6-0 vote.
Barlos (1) abstaining.
ORDINANCE
NO. 214 – 2003
AUTHORIZING AGREEMENT WITH THE UNITED STATED DEPARTMENT OF JUSTICE DRUG
ENFORCEMENT ADMINISTRATION FOR PARTICIPATION IN THE DEA TOLEDO TASK FORCE, AND
DECLARING AN EMERGENCY. Motion to pass by Mr. BRAINARD.
Passed by 7-0 vote.
ORDINANCE
NO. 215 – 2003
AUTHORIZING EXECUTION OF AGREEMENT BETWEEN THE CITY
OF MAUMEE AND BUCKEYE REAL ESTATE MANAGEMENT CO., RELATIVE TO INSPECTION OF
CERTAIN PREMISES ON BEHALF OF THE DIVISION OF POLICE OF THE CITY OF MAUMEE, AND
DECLARING AN EMERGENCY. Motion to
pass by Mrs. BARLOS. Passed by 7-0
vote.
ORDINANCE NO.
216 – 2003 AUTHORIZING
AMENDMENT TO AGREEMENT WITH LAND DESIGN, RELATIVE TO DESIGN SERVICES FOR THE NEW
MUNICIPAL PARKING LOT IN THE CITY OF MAUMEE, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. SHOOK. Passed by 7-0 vote.
ORDINANCE NO.
217 – 2003 AUTHORIZING
EMPLOYMENT OF FINKBEINER, PETTIS & STROUT, INC., ENGINEERS, RELATIVE TO THE
WAYNE STREET RECONSTRUCTION PROJECT IN THE CITY OF MAUMEE, OHIO, AND DECLARING
AN EMERGENCY. Motion to pass by Mr.
BUEHRER. Passed by 7-0 vote.
ORDINANCE NO.
218 – 2003 AUTHORIZING EXECUTION OF
CONTRACT WITH TOLEDO EDISON RELATIVE TO 601 CONANT STREET AND DECLARING AN
EMERGENCY. Motion to pass by Mr.
ZIMMERMAN. Passed by 7-0 vote.
ORDINANCE NO.
219 – 2003
AUTHORIZING AGREEMENT FOR IMPROVEMENT OF THE ANTHONY WAYNE TRAIL IN THE
CITY OF MAUMEE, OHIO, BY THE PLANTING OF TREES, AND DECLARING AN EMERGENCY.
Motion to pass by Mr. CARR.
Passed by 7-0 vote.
ORDINANCE NO.
220 –
2003 AUTHORIZING CONTRACT WITH
WALTER H. DRANE CO., RELATIVE TO CODE PREPARATION FOR THE MAUMEE REVISED CODE,
AND DECLARING AN EMERGENCY. Motion
to pass by Mr. COYLE. Passed by 7-0
vote.
ORDINANCE
NO. 221 – 2003
AMENDING AGREEMENT WITH SUGG REMODELING RELATIVE TO
RESTROOM REPAIRS AT THE WOLCOTT HOUSE IN THE CITY OF MAUMEE, OHIO, AND DECLARING
AN EMERGENCY. Motion to pass by Mr.
BRAINARD. Passed by 7-0 vote.
ORDINANCE NO.
222 – 2003 AUTHORIZING EMPLOYMENT OF
CONSTRUCTION CONSULTING & TESTING, INC., RELATIVE TO CONSTRUCTION MATERIAL
ASSESSMENT ON THE ROLF PARK SWIMMING POOL PROJECT IN THE CITY OF MAUMEE, OHIO,
AND DECLARING AN EMERGENCY. Motion
to pass by Mrs. BARLOS. Passed by
7-0 vote.
ORDINANCE NO.
223 – 2003 APPROPRIATING AND TRANSFERRING FUNDS FOR VARIOUS EXPENDITURES.
Motion to pass by Mr. SHOOK. Passed
by 7-0 vote.
Kenneth
L. Morse of The American Legion, Maumee Post 320, presented the City with the
American Legion’s “Red, White, and Blue” for the City’s support for the
Memorial Day parade and for funding for and services of flying the flag.
A
letter from the Mayor appointing Frank Frey as the City’s representative on
the TARTA Board of Trustees was read. Mr.
CARR moved the appointment be confirmed. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A
request for endorsement of a one-mill, four year operating levy for Toledo/Lucas
County Public Library was read. Joseph
Ludwig, Manager, Maumee Branch Library, stated the additional one-mill operating
levy will run for four years, 2004-2007. Mrs. BARLOS moved Mr. Buehrer be allowed to abstain from
voting due to a conflict of interest. Roll
call: All members present voting
yea, the Chair declared the motion carried.
Mrs. BARLOS moved to endorse the one-mill, four year operating levy for
Toledo/Lucas County Public Library. Roll
call: Barlos, Brainard, Carr,
Coyle, Shook and Zimmerman (6) voting yea; nays none; Buehrer (1) abstaining.
The Chair declared the motion carried by a 6-0 vote.
A
letter from the Clerk of the Municipal Court requesting authorization of a
contract for three additional beds at Corrections Center of Northwest Ohio was
read. She stated the contract cost
per bed is $56.60 per day. Mr.
BRAINARD moved the necessary legislation be prepared to authorize a contract
with Correction Center of Northwest Ohio increasing the number of reserved beds
to twelve. Roll call:
All members present voting yea, the Chair declared the motion carried.
A
letter from the Police Chief requesting authorization to assign an officer to
the DEA Toledo Drug Task Force for twelve months was read.
He stated an agreement with the DEA must be executed.
Mr. SHOOK moved the necessary legislation be prepared to authorize an
agreement with the United States Department of Justice Drug Enforcement
Administration for participation in the DEA Toledo Task Force, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from the Police Chief requesting authorization of an agreement to allow
inspections of property under consideration for temporary operations was read.
He stated the agreement with Buckeye Real Estate Management Co., would
allow certain inspections at 819 Kingsbury in preparation for the relocation of
police operations. Mr. COYLE moved
the necessary legislation be prepared to authorize an agreement with Buckeye
Real Estate Management Co., 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 an increase in design and construction management services for the East
William Street parking lot was read. He
stated while designing the parking lot on East William Street the consultant,
Land Design, LLC, was required to make numerous changes to the design while
negotiating a license agreement for parking on the adjacent property.
The request is for a change order in the amount of $7,500.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a
change order with Land Design, LLC, for the East William Street parking lot in
the amount of $7,500. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A
letter from the Service Director requesting approval of an engineering contract
for the reconstruction of Wayne Street in 2004 was read.
He stated a proposal has been received from Finkbeiner, Pettis and
Strout, Inc. to perform the final plan adjustments and bidding phase services
for the Wayne Street Reconstruction in the amount of $19,800.
Mrs. BARLOS moved the necessary legislation be prepared to authorize a
contract with Finkbeiner, Pettis and Strout, Inc., in an amount not to exceed
$19,800, 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 an agreement with Toledo Edison to relocate electrical service to the Maumee
Indoor Theater was read. He stated
the existing electrical service must be converted from overhead to underground.
Toledo Edison has quoted a cost of $14,266.
Mr. BUEHRER moved the necessary legislation be prepared to authorize a
contract with Toledo Edison in the amount of $14,266, 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 tree planting along Anthony Wayne Trail west of Monclova Road
was read. He stated the City was
successful in obtaining a matching grant from the Ohio Department of Natural
Resources as part of the Ohio Bicentennial Legacy Tree Planting Initiative.
Carl’s Nursery has proposed a contract to plant 33 trees in the amount
of $4,996.86. Mr. CARR moved the
necessary legislation be prepared to authorize a contract with Carl’s Nursery
in an amount not to exceed $4,996.86, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from the Maumee Uptown Business Association requesting reimbursement of
charges for security rendered by the Police Division at the Summer Fair’s
parking lot party was read. Mr.
SHOOK moved the request and the matter of establishing a policy to address
donating or charging for services provided by City divisions for events
sponsored by non-city organizations be referred to the Finance Committee. Roll call: All
members present voting yea, the Chair declared the motion carried.
A
letter from the Municipal Clerk requesting a contract with The Walter Drane
Company for consulting and printing services for the update of the Municipal
Code of Ordinances was read. He
stated Drane has submitted a proposal to enter into a new five-year agreement at
no change in rates, the average cost has been $4,365 in the last five years.
He added that because the City’s traffic code is modeled after the
State Code, changes required for the update of this section alone are projected
to be $3,500 and are in addition to the cost of the annual codification
services. Mr. ZIMMERMAN moved the
necessary legislation be prepared to authorize a contract with The Walter Drane
Company for consulting and printing services, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
An
application of Belharz Architects, agent for Fusion Oil Company, for amendment
of Special Use Permit for a filling station and convenience store at 722 Conant
Street was presented. Mr. SHOOK
moved the application be referred to the Municipal Planning Commission.
Roll call: All members
present voting yea, the Chair declared the motion carried.
The request of Joe Olman, 604 Ford Street, to encroach on Sophia Street right-of-way by extending the parking area was read. He stated the request is for use of ten feet of the right-of-way, which will be paved for one additional parking space. Mr. SHOOK moved to approve the encroachment subject to execution of the standard acknowledgement of the encroachment. 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 on
repairs to the Wolcott House was read. He
stated the change order with Sugg Remodeling is in the amount of $1,190 for
hidden floor damages. Mr. BUEHRER
moved the necessary legislation be prepared to authorize a change order with
Sugg Remodeling in the amount of $1,190, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from the Service Director requesting authorization to advertise for bids
for improvements to Michigan Avenue and Turnpike pumping stations was read.
He stated the City has received a State Issue 2 grant in the amount of
$314,000 and the engineers estimate for the improvements is $1,100,000.
Mr. BRAINARD moved to authorize advertising for bids for improvements to
the Michigan Avenue pumping station, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried. Mr. BRAINARD moved to authorize advertising for bids for
improvements to the Turnpike pumping station, as requested.
Roll call: All members
present voting yea, the Chair declared the motion carried.
A
letter from the Chief of Police requesting authorization to advertise for bids
for construction of a new police station was read. He stated the architect’s cost estimate is $9,741,494.
Mr. Zimmerman stated the plans were displayed to Council at
Committee-of-the Whole and that this is the largest project the City has
undertaken. Mr. ZIMMERMAN moved to
refer the matter jointly to the Finance & Economic Development Committee and
Buildings & Lands Committee. Roll
call: All members present voting
yea, the Chair declared the motion carried.
A
letter from the Commissioner of Public Service requesting authorization of an
agreement for construction testing services for the Rolf Park Pool project was
read. He stated the Service
Department has received three proposals for construction material testing
services and he recommends a contract in an amount not to exceed $10,000 with
Construction Consulting & Testing, Inc., of Waterville, for construction
material testing as needed. Mr.
SHOOK moved the necessary legislation be prepared to authorize a contract with
Construction Consulting & Testing in the amount of $10,000, as recommended.
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 Joe Olman, 604 Ford Street, spoke regarding encroachment onto
Sophia Street right-of-way, the Committee viewed a presentation by Horne &
King regarding the new police station, and that other items on the agenda were
also discussed. Mr. SHOOK moved the
report be approved. Roll call:
All members present voting yea, the Chair declared the motion carried.
The Law Director stated that the Northwest Ohio
Aggregation Coalition (NOAC) is working to engage an energy supplier for small
commercial customers. Mr. SHOOK
moved to refer the matter of proposals to supply electric power received by the
Northwest Ohio Aggregation Coalition to the Public Utilities Committee.
Roll call: All members
present voting yea, the Chair declared the motion carried.
Mr. SHOOK moved to adjourn to executive session to
discuss the purchase and sale of real estate, personnel and collective
bargaining matters, and pending or 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 8:00 p.m., Monday, November 3, 2003 in the Maumee
Municipal Court Room, carried v.v.