adrian city commission agenda for aug. 4, 2014
DESCRIPTION
The Adrian City Commission agenda packet for Monday, Aug. 4, 2014TRANSCRIPT
CITY COMMISSION MEETING
August 4, 2014
COMMISSION AGENDA
AGENDA ADRIAN CITY COMMISSION
AUGUST 4, 2014 7:00PM
I. PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG
II. ROLL CALL
III. APPROVAL OF THE MINUTES OF THE JULY 21, 2014 REGULAR MEETING OF THE ADRIAN CITY COMMISSION.
IV. PRESENTATION OF ACCOUNTS
V. CONSENT AGENDA
1. CR14-064. Administration. Resolution to authorize the re-election of trustees to the MML Worker’s Compensation Board of Trustees.
2. CR14-065. Administration. Resolution to appoint delegates to attend the annual Municipal Employees Retirement System (MERS) meeting.
3. CR14-066. City Commission. Resolution to reschedule the September 1st 2014 meeting of the City Commission to Tuesday, September 2nd, 2014 in observance of Labor Day.
4. CR14-067. Police. Resolution to award a bid for the purchase of Reserve Unit equipment.
5. CR14-068. Transportation. Resolution to approve a RTAP Third Party Contract between the City of Adrian Dial-A-Ride and the Michigan Public Transit Association for grant funds for eligible training activities and equipment and/or technical assistance and research activities that promote or benefit rural public transportation.
6. CR14-069. City Commission. Resolution to approve/deny a request for the closure of the Toledo Street parking lot for Zonta of Lenawee’s fundraiser event on September 6th, 2014 from 1pm-12am.
7. CR14-070. City Commission. Resolution to approve/deny a request for the closure of the sidewalk alley way behind Mandy’s Uptown Bar & Grill for a “Welcome Back College Students” event from 9:00am on Saturday, August 23, 2014 to 4:00am on Sunday, August 24, 2014.
VI. REGULAR AGENDA
RESOLUTIONS
1. R14-093. Engineering. Resolution to grant the Mayor authorization to enter into an agreement with Walters-Dimmick regarding the presence or potential presence of environmental contamination in the West Beecher Street right-of-way.
2. R14-094. Engineering. Resolution to waive the bid process and accept the sole source price from GUSCO Energy of Toledo, Ohio to complete the work for the DPW LED Lighting Project.
3. R14-095. Administration. Resolution to submit a charter amendment to the electors of the City of Adrian at the regularly scheduled City election to be held on the fourth day of November, 2014 regarding Section 9.1 of the City Charter of the City of Adrian to increase the permitted ad valorem tax levy limitation to provide funds to pay for the cost of public improvements, including local street improvements.
4. R14-096. Utilities. Resolution to award a bid for the purchase of a new generator and automatic transfer switch to be used at the Maumee Street Lift Station.
5. R14-097. Utilities. Resolution to award a bid for the purchase of a washer/compactor to be used at the Broad Street Lift Station.
6. R14-098. Fire Department. Resolution to award a bid for the purchase of a new HVAC system to be used at the Fire Station.
VII. PUBLIC COMMENT
VIII. COMMISSIONER COMMENTS
M I N U T E S
MINUTES
ADRIAN CITY COMMISSION JULY 21, 2014
7:00 P.M. Official proceedings of the July 21, 2014 regular meeting of the City Commission, Adrian, Michigan.
The regular meeting was opened with a prayer by Adrian College Professor Don
Kleinsmith and the Pledge of Allegiance to the Flag. PRESENT: Mayor Berryman and Commissioners Dudas, Faulhaber, Rising, Munson,
Gallatin and Berryman Adams.
Mayor Berryman in the Chair.
Commissioner Berryman Adams motioned to approve the minutes from the regular meeting on July 7, 2014, this was seconded by Commissioner Rising, and the minutes were adopted by a unanimous vote.
Commissioner Dudas motioned to approve the minutes from the special meeting on
July 14, 2014, seconded by Commissioner Faulhaber, and the minutes were adopted by a unanimous vote.
PRESENTATION OF ACCOUNTS
Utility Department Receiving Fund Voucher #3977 through #3982
$8,119.89
General Fund Vouchers #21007 through #21016
$22,448.52
Clearing Account Vouchers amounting to
$162,026.15
TOTAL EXPENDITURES $192,594.56
On motion by Commissioner Munson, seconded by Commissioner Berryman Adams,
this resolution was adopted by a unanimous vote.
PRESENTATION
Swearing in and welcoming of new Adrian Police Officer Adam Turbeville.
CONSENT AGENDA
CR14-059
RE: DEPARTMENT OF FINANCE – Biannual Elevator Maintenance
WHEREAS, the City of Adrian Purchasing Office, in collaboration with the Engineering Department, has solicited and received bids on Tuesday, July 15, 2014 for the biannual Elevator Maintenance Contract, with the following results:
BIDDERS CITY HALL LIBRARY POLICE STATION Otis Elevator Co. Jackson, MI
$ 390.00/quarter $1,560.00/year(w/load test)
$ 390.00/quarter $1,560.00/year(w/load test)
$ 390.00/quarter $1,560.00/year(w/load
test) Central Elevator Co Portage, MI
$ 175.00/quarter $1,750.00/year(w/load test)
$ 175.00/quarter $1,750.00/year(w/load test)
$ 175.00/quarter $1,750.00/year(w/load
test)
WHEREAS, the Parks & Engineering Services Director and City Administrator recommend the acceptance of Otis Elevator Co. bid, at a cost not to exceed $1,560.00 per elevator, per year; and
WHEREAS, the Finance Director indicates that sufficient funds are available for this
purpose in the FY2014-15 Annual Operating Budget NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission by this
resolution, hereby authorizes the acceptance of the bid of Otis Elevator Co., Jackson, Michigan, and engagement in the City’s Standard Professional Services Contract for execution of the biannual elevator maintenance contract, at a cost not to exceed $1,560.00 per elevator, per year.
CR14-060
RE: ASSESSOR’S OFFICE – Appoint Member to the Board of Review WHEREAS, Jeff Pardee has resigned to serve on the Board of Review, which has created a vacancy; and WHEREAS, this vacancy must be filled in accordance with the Adrian City Charter; and WHEREAS, Mr. Don Taylor, 475 Meadowbrook Dr, is an alternate on the Board of Review and has expressed a willingness to serve on the Board of Review full time if appointed; and WHEREAS, the Adrian City Commission has given careful consideration to the appointment of Mr. Taylor to the Board of Review. NOW THEREFORE BE IT RESOLVED, that the Adrian City Commission does hereby approve the appointment of Mr. Don Taylor to the Board of Review for a 3-year term to expire in 2016. **correction of address, which was listed 580 Meadowbrook Dr instead of 475 Meadowbrook Dr in the original resolution.
CR14-061
RE: UTILITIES DEPARTMENT –Water Treatment Plant – Authorization to
Purchase Lawnmower
WHEREAS the FY2014-15 Budget includes $15,000 (Account No. 496-548.00-977.580) to purchase a replacement lawnmower for the Water Treatment Plant; and
WHEREAS on Tuesday, July 15, 2014, the Purchasing Office received three (3) bids
for the aforementioned lawnmower with the following results:
Vendor Location Amount
Archbold Equipment Adrian, MI $12,325.00
Wolverine Rental and Supply Ann Arbor, MI $12,625.00
Bader & Sons Tecumseh, MI $15,195.95; and
WHEREAS the Utilities Director and City Administrator recommend selection of the
lowest bidder, Archbold Equipment, Adrian, MI, for purposes of acquiring one replacement lawnmower for the Water Treatment Plant at a total cost not to exceed $12,325.00; and
WHEREAS the Finance Director indicates that funds are available for this purpose as
follows:
(496-548.00-977.580) Lawnmower Replacement $15,000.00; and
NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this
resolution, hereby authorizes the purchase of one replacement lawn mower from the lowest bidder, Archbold Equipment, Adrian, MI at a cost not to exceed $12,325.00.
CR14-062
RE: CITY COMMISSION – Resolution to approve or deny an application for the
closure of a street or public parking area. WHEREAS, the Brick Wall Pub & Grill has applied for the closure of part of the parking area directly behind the Pub on Saturday, August 23, 2014 from 10:00am until Sunday, August 24, 2014 at 4:00am for an outdoor party; and WHEREAS, the City Commission has considered said request including all requested waivers from standard requirements. NOW, THEREFORE, IT IS HEREBY RESOLVED that the application of the Brick Wall Pub & Grill is hereby (approved/denied). IT IS FURTHER RESOLVED that requested waivers of standard conditions are (approved/denied).no conditions IT IS FURTHER RESOLVED that the fee for use of City barricades shall be .00 for this event.
CR14-063
RE: CITY COMMISSION – Resolution to approve or deny an application for the closure of a street or public parking area.
WHEREAS, the Brick Wall Pub & Grill has applied for the closure of part of the parking area directly behind the Pub on Saturday, October 11, 2014 from 10:00am until Sunday, October 12, 2014 at 4:00am for an outdoor party; and WHEREAS, the City Commission has considered said request including all requested waivers from standard requirements. NOW, THEREFORE, IT IS HEREBY RESOLVED that the application of the Brick Wall Pub & Grill is hereby (approved/denied). IT IS FURTHER RESOLVED that requested waivers of standard conditions are (approved/denied). No conditions IT IS FURTHER RESOLVED that the fee for use of City barricades shall be .00 for this event.
On motion by Commissioner Faulhaber, seconded by Commissioner Dudas, Consent
Agenda resolutions Cr14-059 thru CR14-063; with the address correction onCR14-060
and motions to approve CR14-062 and CR14-063 were adopted by a unanimous vote.
REGULAR AGENDA
SPECIAL ORDERS
SO-1. Public Hearing to hear and consider comments on the establishment of a Special Assessment District (SAD #388) for improvements to Ballenberger Rd between Riverside Ave and Sawmill Court.
The Mayor called for the hearing and consideration of comments regarding the establishment of SAD #388 for improvements to Ballenberger Rd. between Riverside Ave. and Sawmill Court.
Phil Joanisse – Ballenberger Rd – asked if there would be any tree removal when Ballenberger Rd is redone. Administrator Horn said that there would probably be no removal but there would be some trimming of trees. Also mentioned his concern about the level of Lake Adrian. Deb Foster – Ballenberger Rd – asked if Ballenberger would become a one-way street; Administrator Horn said yes, it would as it is too narrow a street to with the curb and gutter to be a two-way street. It will be one-way going from Riverside to Kimole Lane. There were no further comments and the Mayor declared the public hearing closed.
RESOLUTIONS
R14-084
RE: ENGINEERING DEPARTMENT – Approve Establishment of Special Assessment District for Improvements to Ballenberger Road from Riverside Avenue to Sawmill Court
WHEREAS, the Adrian City Commission, by resolution CR14-058 duly adopted at its July 7, 2014 regular meeting, deemed it necessary and declared its intention to construct improvements, including curb and gutter and other appurtenances on Ballenberger Rd. from Riverside Ave. to Sawmill Ct. and did provide a public hearing as provided by Chapter 70, Section 70-6 of the Adrian City Code; and
WHEREAS, said notice has been given and hearing held. NOW, THEREFORE BE IT RESOLVED: 1. That said public improvements be made and the City Administrator be directed to
proceed with the same.
2. That the plans, specifications and detailed estimates relating to said improvements, as filed with the City Clerk, be and hereby approved and adopted and the City Administrator is directed to take action necessary to accomplish the said improvements.
3. That the estimated total cost of said improvements is determined to be $180,000.
4. That $30,000 of the said estimated cost shall be defrayed by special assessment
and $150,000 shall be paid by local street funds. 5. That the said special assessment may be paid in ten (10) installments. The first
installment shall be due and payable on or before sixty days from the date said special assessment is confirmed, and one installment shall be due annually thereafter. Interest shall be charged at a rate of six (6%) percent per annum on all unpaid installments.
6. That the premiums upon which special assessments shall be levied, and which
shall be hereafter known and designated as Special Assessment District #388, are described as follows:
Special Assessment Properties
Ballenberger Rd. from Riverside Ave. to Sawmill Ct.
7. That the City Assessor is directed to prepare a Special Assessment Roll in accordance with this resolution
On motion by Commissioner Rising, seconded by Commissioner Dudas, this
resolution was adopted by a unanimous vote.
R14-085
RE: UTILITIES DEPARTMENT –Water Treatment Plant – Authorization for Lake
Adrian Dam Improvements and Maintenance
WHEREAS, the Lake Adrian Dam was constructed in 1941 to provide a surface water source of water for the City of Adrian; and
WHEREAS, the dam was constructed with two floodgates on the bottom of the
structure to help control the lake level in Lake Adrian. During a storm event in June 2013 we discovered our North floodgate was lodged open approximately one foot and was left inoperable; and
WHEREAS, the Adrian City Commission, by Resolution #R13-191 dated September 3,
2013, authorized Spicer Group of St. Johns, MI to provide services associated with preliminary engineering, MDEQ permitting, final design and bidding for the Lake Adrian Dam repair project for a total fee of $34,000.00; and
WHEREAS, the Adrian City Commission, by Resolution #R14-051 dated May 19,
2014, authorized Hydro Gate of Denver, CO to provide (2) new gate valves at a total price of $35,956.00; and
WHEREAS, the Adrian City Commission, by Resolution #R14-064 dated June 16,
2014, authorized Gerace Construction of Midland, MI to provide and install (2) bulkheads to seal the upstream side of the spillway to prevent continued drawdown of the lake at a total cost of $27,500.00; and
WHEREAS, sealed bids were received on July 1, 2014 at 2:00pm at the Purchasing Office for the Lake Adrian Dam Improvements and Maintenance with the following results: Name Location Total Bid Price Schaedler Enterprises, Inc Toledo, OH $319,900.00 Gerace Construction Midland, MI $499,800.00; and WHEREAS, upon recommendation of the project engineer, Spicer Group, the Utilities Director and City Administrator recommend approval of this resolution to award the Lake Adrian Dam Improvements and Maintenance to the low bidder, Schaedler Enterprises, Inc. of Toledo, OH.
NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby authorizes the engagement of Schaedler Enterprises, Inc. of Toledo, OH for Lake Adrian Dam Improvement and Maintenance for the total cost of $319,900.00
BE IT FURTHER RESOLVED that the FY2014-2015 Budget be amended as follows: Water Capital Projects Fund: 496-000.00-676.591 Transfer In-Water $319,000.00 496-549.00-975.139 Lake Adrian Dam Improvements $319,000.00 Water Fund: 591-000.00-697.000 Prior Years Revenue $319,000.00 591-965.00-969.496 Transfer Out-Capital Projects $319,000.00
Dennis Fox – Lake Adrian Resident – asked for regular information to be supplied to the Lake Adrian residents so that they are kept in the loop as to what is going on when there are issues with the lake.
On motion by Commissioner Berryman Adams, seconded by Commissioner
Faulhaber, this resolution was adopted by a unanimous vote.
R14-086
RE: ADMINISTRATION – Sale of Property at 318 Crystal Spring Ave.
WHEREAS, sealed bids were received on Tuesday, July 8, 2014 for the vacant lot at 318 Crystal Springs Ave.; and
WHEREAS, only one bid was received, from Heather McCarley of 322 Crystal Springs
Ave., Adrian, Michigan in the amount of $250.00; and WHEREAS, the City has no expected use for the property, as it was obtained through
the tax foreclosure process in Lenawee County.
NOW, THEREFORE, BE IT RESOLVED that the City Commission awards the bid for the purchase of 318 Crystal Springs Ave. to Heather McCarley, in the amount of $250.00.
IT IS FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a
quit claim deed to convey said property to Heather McCarley and that from the closing proceeds, any existing assessments due to the City shall be paid first, with the remaining funds to be placed in the general fund of the City. .
On motion by Commissioner Rising, seconded by Commissioner Dudas, this
resolution was adopted by a unanimous vote.
R14-087
RE: ATTORNEY - Resolution to authorize the City Administrator to enter into a
purchase agreement with S&S Enterprises that does/does not include the retention of oil, gas, and all other mineral rights including the rights to full royalties.
WHEREAS, The Adrian City Commission adopted a resolution on June 2, 2014 authorizing the sale of land in the Industrial Park containing 3.25 buildable acres for $30,000 to S&S Enterprises; and WHEREAS, the June 2, 2014 resolution also authorized the Mayor and City Clerk to execute a warranty deed and authorized the City Administrator to execute a purchase agreement on behalf of the City; and WHEREAS, the parties have been unable to reach an agreement as to one term of the purchase agreement: retention of oil, gas, and all other mineral rights including the right to full royalties; and
WHEREAS, it has been City policy to include this language in all sale of city property since entering into Oil and Gas Leases with Savoy Energy, City Commission action is required to remove the provision retaining oil, gas and other mineral rights including the right to full royalties from the purchase agreement and warranty deed. NOW THEREFORE, IT IS HEREBY RESOLVED that the City Administrator is authorized to enter into a purchase agreement with S&S Enterprises that does/does not include the retention of oil, gas and all other mineral rights including the right to full royalties. On motion by Commissioner Berryman Adams, seconded by Commissioner Munson,
this resolution to not include the retention was adopted by a unanimous vote.
R14-088
RE: UTILITIES DEPARTMENT – Change Order for Repairs at the Westside
Wellfield WHEREAS, the City Commission at the January 21, 2014 meeting, approved Resolution R14-007 which authorized the engagement of Raymer Well Drilling of Marne, MI to complete emergency repairs to the pumping equipment in Well #1 and Well #3 for a cost of $40,000.00; and
WHEREAS, we were approved by MDEQ to increase the output of Well #3 from 600 to 800 gpm, which resulted in a slight increase to the overall project cost to $42,847.50; and
WHEREAS, funds for the difference of $2,847.50 would be allocated from water fund
reserves; and WHEREAS, the Utilities Director and City Administrator recommend approval of this resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED that the Adrian City Commission by this resolution hereby approves the change order from Raymer Well Drilling of Marne, MI for $2,847.50 for repairs at the Westside Wellfield.
On motion by Commissioner Dudas, seconded by Commissioner Faulhaber, this
resolution was adopted by a unanimous vote.
R14-089
RE: POLICE DEPARTMENT- Purchase of .45 Caliber Replacement Magazines
WHEREAS, the Adrian City Police Department conducts regular firearms training and qualification to meet state guidelines; and
WHEREAS, this training wears on the weapon’s magazines as the springs are
constantly compressed, then dropped among gravel in a variety of conditions; and WHEREAS, replacement duty magazines are available from the weapons
manufacturer, Springfield Armory of Geneseo, Illinois, at a cost of $21 each; and
WHEREAS, the Police Chief recommends the purchase of thirty (30) magazines to be rotated in to patrol duty with the replaced units being assigned for range use; and
WHEREAS, the Finance Director indicates that sufficient funds are available for this purpose in the FY2014-15 Budget in account #701-000-00-277-000 (non-drug forfeiture) at no cost to the City’s general fund.
NOW THEREFORE, BE IT RESOLVED that the Adrian City Commission by this resolution hereby authorizes the recommended purchase of thirty (30) .45 caliber replacement magazines from Springfield Armory of Geneseo, Illinois, at a cost not to exceed $630.00.
BE IT FURTHER RESOLVED that the $630.00 be appropriated with the following
budget amendment: Revenue: 101-301.00-676.701 Contribution-Trust Fund $630.00 Expenditure: 101-301.00-977.000 Capital-Equipment $630.00
On motion by Commissioner Munson, seconded by Commissioner Faulhaber,
this resolution was adopted by a unanimous vote.
R14-090
RE: DEPARTMENT OF FINANCE – FY2013-14 Fourth Quarter Budget
Amendments
WHEREAS Public Act 621 of 1978, the Uniform Budgeting and Accounting act for Local Units of Government, provides for adjustments to the Adopted Budget; and
WHEREAS the Financial Forecast, prepared by the City of Adrian’s Finance Department, has identified several variances between current projections and Estimated Revenues and Appropriations included in the Adopted and Amended FY2013-14 Budget, and recommends appropriate budget amendments; and
WHEREAS the recommended budget amendments comply with the Uniform
Budgeting and Accounting Act requirement that no appropriations measure may be submitted to the City Commission that would allow total expenditures/expenses, including an accrued deficit, to exceed total estimated revenues, including an available surplus; and
WHEREAS the City Administrator has reviewed the Financial Forecast and
proposed budget amendments and recommends their adoption. NOW THEREFORE BE IT RESOLVED that the Adrian City Commission authorizes the Department of Finance to amend the FY2013-14 Budget in accordance with the attached schedule entitled City of Adrian FY2013-14 Fourth Quarter Recommended Budget Amendments.
BE IT FURTHER RESOLVED that the resulting Amended Budget shall comply with the Uniform Budgeting and Accounting Act (Public Act 621 of 1978) for Local Units of Government, which requires that no appropriations measure may be adopted in which total expenditures/expenses, including an accrued deficit, exceed total estimated revenues, including an available surplus.
On motion by Commissioner Berryman Adams, Seconded by Commissioner Faulhaber, this resolution was adopted by a unanimous vote.
R14-091
RE: ADMINISTRATION – Authorization for Demolition of 527 E. Church, 555 Division and 717 N. Locust
WHEREAS, the Purchasing Department on Tuesday July 1, 2014 received four (4) bids on behalf of the Inspection Department to engage a contractor for the demolition and removal of buildings located at 527 E. Church, 555 Division and 717 N. Locust with the following results:
527 E. Church
555 Division 717 N. Locust Bundled Price
International Construction Shelby Twp., MI
$19,600.00 $19,700.00 $8,500.00 $46,844.00
Brady Sand & Gravel Tecumseh, MI
$20,000.00 $12,694.00 $4,970.00 $37,664.00
VanErt’s, LLC Adrian, MI
$12,000.00 $11,000.00 $4,500.00 $26,800.00
Slusarski Excavating Adrian, MI
$12,415.00 $9,345.00 $4,200.00 $25,960.00
WHEREAS, these properties are severely blighted and have become a constant source of complaints from neighbors and community members; and
WHEREAS, all properties are currently vacant and have documented demolition notices and orders; and
WHEREAS, funding for these demolitions is available in General Fund Contract
Services (Account # 101-836.00-801.000); and WHEREAS, the City Attorney and City Administrator recommend selection of the
lowest qualified bidder. NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this
resolution, hereby authorizes the engagement of Slusarski Excavating, Adrian, MI to provide contract services for the demolition and removal of properties located at 527 E. Church, 555 Division and 717 N. Locust utilizing General Fund Contract Services (Account # 101-836.00-801.000).
On motion by Commissioner Dudas, seconded by Commissioner Munson, this
resolution was adopted by a unanimous vote.
R14-092
RE: ADMINISTRATION – Resolution to submit a charter amendment to the
electors of the City of Adrian at the regularly scheduled November General Election to be held on the fourth day of November, 2014 regarding Section 9.1 of the City Charter of the City of Adrian to increase (renew) the permitted ad valorem tax levy limitation to provide funds to pay for the cost of public improvements, including local street improvements.
OPTION I
RE: ADMINISTRATION – Ballot Proposal for Millage Renewal for Local Street
Improvements WHEREAS, the Adrian City Commission, on January 2, 1996, unanimously authorized a ballot proposal to establish a one (1.000) mill tax levy for a period of ten (10) years to pay the costs of public improvements, including local street improvements; and WHEREAS, the electors approved the aforementioned ballot proposal resulting in $5.0 million of local street improvements during the subsequent decade, including reconstruction and resurfacing of almost twenty miles (20) of the forty-four (44) mile local street system; and WHEREAS, the aforesaid millage was renewed for a 10-year period in November of 2005 resulting in an additional $4.7 million of local street improvements during this decade, including reconstruction and resurfacing of almost fourteen (14) miles of local streets; and WHEREAS, the local street millage expires in 2016 and the Parks & Engineering Services Director and the City Administrator recommend action be taken under the authority of Public Act 279 of 1909, as amended, to renew the one mill public improvement millage for an additional ten years in order to provide the resources necessary to continue the systematic reconstruction and resurfacing of local streets. NOW, THEREFORE, BE IT RESOLVED that the City Commission, under the Authority of Public Act 279 of 1909, as amended, hereby proposes that Section 9.1 of the Charter of the City of Adrian shall be amended, effective with the City election to be held November 4, 2014, to read as follows:
Section 9.1. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond charter tax limitations, an annual ad valorem shall not exceed one and one-half percent of the assessed value of all real and personal property subject to taxation in the city. Provided, however, the annual ad valorem tax levy shall be increased by one-tenth of one (.1%) percent of the assessed value of all real and personal property subject to taxation in the city for a period of ten years from 2016 through 2026 to pay the costs of capital improvements, including local street improvements.
Provisions of existing Section 9.1 of the Charter of the City of Adrian, after expiration of the capital improvement millage approved by the voters in 1996, to be altered or abrogated by such proposal, if adopted, now reads as follows:
Section 9.1. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond charter tax rate limitations, an annual ad valorem shall not exceed one and one-half percent of the assessed value of all real and personal property subject to taxation in the city.
BE IT, FURTHER RESOLVED that the purpose of the proposed amendment of Section 9.1 shall be designated on the ballot as follows:
A proposal to amend Section 9.1 of the Charter of the City of Adrian to increase (renew) the permitted ad valorem tax levy limitation by one (1) mill for a period of ten (10) years to provide funds to pay the costs of public improvements, including local street improvements.
BE IT, FURTHER, RESOLVED that the City Clerk shall forthwith transmit copies of the proposed amendments to Section 9.1 of the Governor of the State of Michigan for approval, and transmit a copy of the foregoing statements of purpose of the proposed amendments to the Attorney General of the State of Michigan for approval, as required by law. BE IT, FURTHER, RESOLVED that the proposed charter amendment to Section 9.1 shall be, and the same is hereby ordered to be submitted to the qualified electors of the City of Adrian at the regularly scheduled City election to be held on the fourth day of November, 2014, and the City Clerk is hereby directed to give notice of the election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit the charter amendment to the vote of the electors as required by law. BE IT, FURTHER, RESOLVED that the proposed amendment to Section 9.1 shall be submitted to the electors in the following form:
PROPOSED RENEWAL OF THE PREVIOUSLY APPROVED ADDITION TO SECTION 9.1 OF THE CHARTER OF THE CITY OF ADRIAN.
Shall the Charter of the City of Adrian be amended for purposes of paying the costs of public improvements, including local street improvements, by levy and collection of 0.9746 mill ($0.9746 per $1,000 of taxable value) per year for ten (10) years, beginning in 2015, as a renewal of previously authorized millage? If approved, it is estimated that 0.9746 mill would raise approximately $355,000 when first levied in 2015. Shall the proposed amendment be adopted? ( ) YES ( ) NO
BE IT, FURTHER, RESOLVED that the proposed amendment shall be published in full, together with the existing charter provisions altered or abrogated, thereby, as part of the notice of election.
BE IT, FURTHER, RESOLVED that the canvas and determination of the votes of said question shall be made in accordance with the laws of the State of Michigan and the Charter of the City of Adrian.
OPTION II RE: ADMINISTRATION – Ballot Proposal for Millage Renewal plus Headlee
Rollback for Local Street Improvements
WHEREAS, the Adrian City Commission, on January 2, 1996, unanimously authorized a ballot proposal to establish a one (1.000) mill tax levy for a period of ten (10) years to pay the costs of public improvements, including local street improvements; and WHEREAS, the electors approved the aforementioned ballot proposal resulting in $5.0 million of local street improvements during the subsequent decade, including reconstruction and resurfacing of almost twenty miles (20) of the forty-four (44) mile local street system; and WHEREAS, the aforesaid millage was renewed for a 10-year period in November of 2005 resulting in an additional $4.7 million of local street improvements during this decade, including reconstruction and resurfacing of almost fourteen (14) miles of local streets; and WHEREAS, the local street millage expires in 2016 and the Parks & Engineering Services Director and the City Administrator recommend action be taken under the authority of Public Act 279 of 1909, as amended, to renew the one mill public improvement millage for an additional ten years in order to provide the resources necessary to continue the systematic reconstruction and resurfacing of local streets. NOW, THEREFORE, BE IT RESOLVED that the City Commission, under the Authority of Public Act 279 of 1909, as amended, hereby proposes that Section 9.1 of the Charter of the City of Adrian shall be amended, effective with the City election to be held November 4, 2014, to read as follows:
Section 9.1. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond charter tax limitations, an annual ad valorem shall not exceed one and one-half percent of the assessed value of all real and personal property subject to taxation in the city. Provided, however, the annual ad valorem tax levy shall be increased by one-tenth of one (.1%) percent of the assessed value of all real and personal property subject to taxation in the city for a period of ten years from 2016 through 2026 to pay the costs of capital improvements, including local street improvements.
Provisions of existing Section 9.1 of the Charter of the City of Adrian, after expiration of the capital improvement millage approved by the voters in 1996, to be altered or abrogated by such proposal, if adopted, now reads as follows:
Section 9.1. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond charter tax rate limitations, an annual ad valorem shall not exceed one and one-half percent of the assessed value of all real and personal property subject to taxation in the city.
BE IT, FURTHER RESOLVED that the purpose of the proposed amendment of Section 9.1 shall be designated on the ballot as follows:
A proposal to amend Section 9.1 of the Charter of the City of Adrian to increase (renew) the permitted ad valorem tax levy limitation by one (1) mill for a period of ten (10) years to provide funds to pay the costs of public improvements, including local street improvements.
BE IT, FURTHER, RESOLVED that the City Clerk shall forthwith transmit copies of the proposed amendments to Section 9.1 of the Governor of the State of Michigan for approval, and transmit a copy of the foregoing statements of purpose of the proposed amendments to the Attorney General of the State of Michigan for approval, as required by law. BE IT, FURTHER, RESOLVED that the proposed charter amendment to Section 9.1 shall be, and the same is hereby ordered to be submitted to the qualified electors of the City of Adrian at the regularly scheduled City election to be held on the fourth day of November, 2014, and the City Clerk is hereby directed to give notice of the election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit the charter amendment to the vote of the electors as required by law. BE IT, FURTHER, RESOLVED that the proposed amendment to Section 9.1 shall be submitted to the electors in the following form:
PROPOSED RENEWAL OF THE PREVIOUSLY APPROVED ADDITION TO SECTION 9.1 OF THE CHARTER OF THE CITY OF ADRIAN.
Shall the Charter of the City of Adrian be amended for purposes of paying the costs of public improvements, including local street improvements, by levy and collection of one (1.00) mill ($1.00 per $1,000 of taxable value) per year for ten (10) years, beginning in 2015, as a renewal of that portion of a 1.00 mill authorization previously authorized by the electors as reduced by operation of the Headlee amendment, which was 0.9746 in 2014, plus the new additional millage in the amount equal to the amount reduced by the operation of the Headlee amendment, which was 0.0254 in 2014? If approved, it is estimated that 1.00 mill would raise approximately $364,000 when first levied in 2015. Shall the proposed amendment be adopted? ( ) YES ( ) NO
BE IT, FURTHER, RESOLVED that the proposed amendment shall be published in full, together with the existing charter provisions altered or abrogated, thereby, as part of the notice of election. BE IT, FURTHER, RESOLVED that the canvas and determination of the votes of said question shall be made in accordance with the laws of the State of Michigan and the Charter of the City of Adrian.
Commissioner Rising motioned to adopt Option II; this was seconded by Commissioner Gallatin. Discussion broke out among the Commission with many expressing concern about how confusing the language was for option II and, even though the increase would be small, residents would still see it as an increase. Option II was denied with a 2-5-0 vote. Ayes: Commissioners Gallatin and Rising
Nays: Mayor Berryman and Commissioners Faulhaber, Munson, Dudas and Berryman Adams Abstained: Non Commissioner Dudas then motioned to adopt Option I; seconded by
Commissioner Faulhaber and this resolution was adopted by a 7-0 vote.
MISCELLANEOUS
1. Adrian D.A.R.T. Passenger Ridership Report. 2. Adrian Fire Department Report 3. Departmental Report
PUBLIC COMMENT
1. Harold Frederick – Adrian – asked the Commission if they would consider waiving the
penalty fee for someone that always pays on time but was late once on a trash bill. 2. Jim Green – Hoch Ave – wanted to report the alley between Caton and Hoch has
very high weeds that need to be taken care of. 3. Lynne Punnett – Habitat for Humanity – gave a report/update on the Neighborhood
Initiative that Habitat is spearheading and gave dates of future meetings. 4. Chris Miller – Community Development – agreed with Lynne’s comments and
mentioned other efforts on a county level that are in the works. 5. Mike Slusarski – Adrian – wanted to introduce and give a little background on himself
as he will be running for Lenawee County Road Commissioner.
COMMISSIONER COMMENTS
1. Commissioner Faulhaber appreciated Lynne Punnett and all she does with Habitat for Humanity; wondered if the City could hire/contract with a grant writer to do grant writing for the City.
2. Administrator Horn shared some of the clean-up story of 1028 Division Street; the family that owned the property paid for a roll-off dumpster and City workers cleaned it up as a way to work with residents to help clean up properties.
3. Commissioner Berryman Adams commented on a great Splash-n-Dash event that the YMCA put on.
The next regular meeting of the Adrian City Commission will be held on Monday, August 4, 2014 at 7:00 p.m. in the City Chambers Building, 159 E. Maumee St, Adrian, MI 49221.
Jim Berryman Pat Baker Mayor City Clerk
CHECK REGISTER
August 4, 2014
I have examined the attached vouchers and recommend approval of them for payment. __________________________________ Shane Horn City Administrator
SAH:mld RESOLVED, that disbursements be and they are hereby authorized for warrants directed to be drawn on the City Treasurer for the following:
Utility Department Vouchers
Vouchers #3983 through #3989 ..................................... $103,958.68
General Fund
Vouchers #22017 through #22037 ................................ $272,997.26
Clearing Account Vouchers
amounting to............................................................... $327,789.86
TOTAL EXPENDITURES ............................................................. $704,745.80
On motion by Commissioner , seconded by
Commissioner , this resolution was ____________
by a _______ vote.
August 4, 2014 UTILITIES FUND CHECK REGISTER
CHECK# AMOUNT PAYEE DESCRIPTION
3983 $ 57,024.10 City of Adrian Payroll Payroll w/e 7/18114 3984 $ 42,343.46 City of Adrian Clearing 7/21/14 AP Check Register 3985 $ 46,491.25 Consumers Energy July 2014 Electric 3986 $ 79.19 Frontier Communication July 2014 telephone 3987 $ 78.82 City of Adrian - Utilities June 2014 Water 3988 $ 241.50 Citizens Gas June 2014 Heating 3989 $ 43.82 Mattausch Properties Refund on 247 S. Main St.
$ 146,302.14
$ ( 4 2,34 3 .46) Less: Check 3984
$ 103,958.68 TOTAL
August4,2014
August 4, 2014 GENERAL FUND
CHECK REGISTER
CHECK# AMOUNT PAYEE DESCRIPTION
22017 $ 183,200.06 City of Adrian - Payroll Payroll w/e 7/18/14 22018 $ 12,957.03 First Federal Bank Social Security 7/18114 22019 $ 45.00 Julius Jenkins Refund Spruce Shelter 22020 $ 200.00 Alysia Goldsmith Refund Deposit 22021 $ 200.00 Kenneth Morris Refund Deposit 22022 $ 742.13 Premacon, LLC Cancelled plan 229 Riverside Ave 22023 $ 50.00 Sylvia Beatty Refund of Fee Park Rental 22024 $ 78.00 Sieler Construction Refund on permit 22025 VOID 22026 City of Adrian - Utilities EFT State of Michigan July 2014 22027 $ 87,971.99 City of Adrian - Clearing 7/21/14 AP Check Register 22028 $ 8,029.01 Nola's Transportation Payroll w/e 7/25/14 22029 $ 33,885.92 Consumers Energy June/July 2014 Electric 22030 City of Adrian -Utilities EFT State of Michigan July 2014 22031 $ 988.29 Frontier Communications July 2014 Telephone 22032 $ 978.72 Citizens Gas June 2014 Heating 22033 City of Adrian - Utilities EFT State ofMichigan July 2014 22034 $ 31.80 City of Adrian Duplicate Recyclig Payrment 1950 Burning Bush 22035 $ 63.60 Patricia Gray Duplicate Recyclig Payrment 22036 $ 31 .80 Sally Oprsal Duplicate Recyclig Payrment 22037 $ 31 ,5 I 5.90 Lenawee Fuels Fuel delivery 7/11114 and 7/22114
$ 360,969.25
$ (87,971.99) Less: Check 22027
$ 272,997.26
August 4, 2014
07/30/2014 01 :21 PM INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF ADRIAN, MICHIGAN User : SHOLTZ EXP CHECK RUN DATES 01/01/2014 - 08/04/201 4 DB : Adrian BOTH JOURNALIZED AND UNJOURNALIZED
Claimant
1 . ERIC ADAMS
2. CITY OF ADRIAN
3. ADRIAN COMMUNICATIONS
4 . ADRIAN LOCKSMITH & CYCLERY
5 . ADRIAN MECHANICAL SERVICES CO
6 . ADRIAN NAPA
7 . ADRIAN OVERHEAD DOORS
8 . AIRGAS CARBONIC
9 . DENISE ALVERSON
10 . AMERICAN OFFICE SOLUTIONS , INC.
11. APOLLO FIRE EQUIPMENT CO .
12 . APPLE MAT RENTAL
13. APPLIED GEOTECHNICAL SERVICES
14 . APPLIED INDUSTRIAL TECHNOLOGIES
15. ARCHBOLD EQUIPMENT CO
16. BAKER & TAYLOR BOOKS
17. BEAUBIEN INC .
18. BEEKEL, FREDERICK
19. GREG BELL CHEVROLET CADILLAC INC
20 . MARK BISHOP
21. ROBERT BISHOP
22 . TODD BROWN
23. BUCK & KNOBBY EQUIP CO INC
24 . CARMEUSE LIME INC
25 . CARTER LUMBER
26 . CENGAGE LEARNING
27 . CHEMICAL SERVICES, INC .
28 . COLUMBIA UNIVERSITY PRESS
29. COMCAST
30 . CUTLER DICKERSON CO
31 . DARBY READY-MIX
32 . JERRY DAVIS
33 . DEMCO INC
34 . WILLIAM DESCHAMPS
35 . MICHELLE DEWEY
3 6 . STEVE EBERLE
37 . EDWARDS INDUSTRIAL SALES, INC .
38. EMERGENCY MEDICAL PRODUCTS INC
39 . CURT EMMONS
40 . ENGLEWOOD ELECTRICAL SUPPLY
41 . ETNA SUPPLY COMPANY
42 . FASTENAL COMPANY
4 3. FEDERAL EXPRESS
4 4 . FIRSTDUE
45. FISHER SCIENTIFIC COMPANY LLC
46. FYR- FYTER SALES & SERVICE
4 7 . GALLANT & SON
48 . J . O. GALLOUP COMPANY
4 9 . GAR TEE , GORDON G
50. MARK GIGAX
OPEN Amount Claimed
31.00
17,235.51
382.00
59 . 50
785 .4 5
256.26
230 .03
682 .11
20 .00
64 .4 5
157 .35
134 . 30
1 , 600.00
1,261.12
249 .86
690 .73
1, 529.50
27 . 81
21.28
20 . 00
248 .4 3
20 . 00
198 .09
5 ,242.05
291.91
109.91
875 . 50
625 .00
4.29
484 . 57
318 . 00
20 . 00
736 .62
16 .50
20 . 00
20 .00
251.59
180 . 76
70 . 00
736.25
553.97
5.59
42 . 99
73.15
315.01
70 . 00
232 . 44
219 .24
856 .97
20 . 00
Amount Owed
Page : 1/3
Amount Rejected
07/30/2014 01 : 21 PM I NVOICE APPROVAL BY VENDOR REPORT FOR CI TY OF ADRIAN , MICHIGAN User: SHOLTZ EXP CHECK RUN DATES 01/01/2014 - 08 /0 4 /2014 DB : Adrian BOTH JOURNALI ZED AND UNJOURNALIZED
Claimant
51. GRAND VALLEY CONCRETE PRODUCTS
52. GREY HOUSE PUBLISHING, INC.
53. HAENGEL & ASSOCIATES ENG. , INC
54 . HEART ADVISOR
55 . SHANE HORN
56 . HUBBARD ' S AUTO CENTER INC
57 . I C M A VANTAGE POINT
58. ID NETWORKS INC 59. IDEXX LABORATORIES, INC .
60. JONES & HENRY ENGI NEERS , LTD .
61 . KAPNICK INSURANCE GROUP
62 . JAMES KARLE
63 . ERIC KELLY
64. KIMBALL MIDWEST
65. KONICA MINOLTA BUSINESS SOLUTIONS
66 . LANSING SANI TARY SUPPLY INC
67. LARRY ' S MUFFLER
68. LENAWEE COUNTY PROSECUTORS
69 . LENAWEE COUNTY TREASURER
70. LENAWEE ECONOMIC DEVELOPMENT CORP.
71 . LENAWEE TIRE & SUPPLY CO , INC .
72. LIBRA I NDUSTRIES
73. LOIS GOODACRE
74 . MICHAEL MARVIN
75 . MASSON ' S ELECTRIC, INC
76 . MCGOWAN ELECTRIC SUPPLY I NC
77 . MCMASTER- CARR SUPPLY CO .
78 . MGFOA
7 9. MICHIGAN DEPT OF LABOR
80 . MICHIGAN FIRE INSPECTOR ' S SOCIETY
81 . MICHIGAN METER TECHNOLOGY GROUP INC
82. MICHIGAN RURAL WATER ASSOC 83 . MICHIGAN SECTION-AWWA
84. STATE OF MICHIGAN
85. MICROMARKETING LLC 8 6. MIDWEST TAPE
87 . MIGHTY MAC FILMS
88 . MT BUSINESS TECHNOLOGIES , INC
89 . MUNICIPAL EMPLOYEES ' RETIRE
90. NEXT STEP
91. NOLA ' S TRANSPORTATION
92. NORTH EASTERN UNI FORMS & EQUIPMENT
93 . NORTHERN SAFETY COMPANY I NC
94 . O. P . AQUATICS
95 . OOPGO , INC
96 . MIKE OSBORN
97. OSBURN ASSOCIATES INC
98 . OVERDRIVE , INC
99 . PARAGON LABORATORIES INC
100 . DAVID PATE
OPEN Amount Cl aimed
2 , 254.00
149. 50
18 , 050.00
29 . 00
20 . 00
12 6 . 50
4 , 630.01
5,790.00
3 , 639.53
15,354.22
50. 00
20 . 00
20.00
81. 25
102 . 73
1 , 804.71
62 .00
16 , 062 . 83
135 . 00
3 , 750.00
107.82
4 , 293 . 49
30 . 00
20 . 00
290.04
190.19
88.33
105 . 00
50.00
900.00
32 , 618. 38
600 . 00
380.00
1 , 994.75
281.55
19 . 34 20.00
49. 35 112 , 318.21
31.98 333.41
1 , 043 . 07
223.87
728.00
275 . 00
20 . 00
880. 00 1 ,000.00
1,026.00
20.00
Amount Owed
Page: 2/3
Amount Rej ected
07/30/2014 01 : 21 PM INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF ADRIAN , MICHIGAN User : SHOLTZ EXP CHECK RUN DATES 01/01/2014 - 08/04/2014 DB : Adrian BOTH JOURNALIZED AND UNJOURNALIZED
101 . 102 . 103 . 104 . 105 . 106 . 107. 108 . 109 .
Claimant
PEERLESS SUPPLY INC PET ' S SUPPLIES PLUS PINNACLE IRRIGATION INC . PI ONEER MANUFACTURING CO . PITNEY BOWES PURCHASE POWER PLATINUM PLUS GLENN PRESTON PROMEDICA CORP OF MICHIGAN PUBLISHERS WEEKLY
110. QUILL CORPORATION 111. REPUBLIC SERVICES , INC . 112 . REPUBLIC SERVICES, INC . 11 3 . RH INO 114 . TIM RITCHIE 115 . ROPES & RIGGING TREE SERVICE, LLC 116 . WILLIAM SADLER 117 . CHARLES SCHMENK 118 . SCHOOLCRAFT COLLEGE 119. SCHUG CONCRETE CONSTRUCTI ON INC 120 . SHERWIN- WILLIAMS CO 121 . SIEMENS INDUSTRIES , INC 122 . SMALL ENGINE WAREHOUSE 123. SPOK1 INC . 12 4 . STAPLES CREDIT PLAN 125 . STEVENS DISPOSAL 126 . STEVENSON LUMBER , INC . 127. TETRA TECH INC 128 . THOMSON WEST 129. T- MOBILE 130. MATT TOMASZEWSKI 131 . TRACTOR SUPPLY COMPANY 132. TRI STATE SUPPLY LLC 133 . TTB CLEANING LLC 134 . U S POSTMASTER 135 . UTILITIES INSTRUMENTATION SERVICE I 13 6 . VALUE LINE PUBLISHING, I NC. 137 . VERI ZON WIRELESS 138 . DENNIS VESCELIUS 139 . WATER ENVIRONMENT FED . 140 . RYAN WHITE 141 . WILLIAMS & WORKS
***TOTAL ALL CLAIMS***
OPEN Amount Claimed
26.30 44 . 98
5 ,750 . 50 1 , 550 . 00 3,000 . 00
895.42 20 .00
240.00 249 . 99
1,079.70 1 , 163 . 90
63.00 2,700.85
20 .00 9, 000.40
20 . 00 80 . 00
750 .00 745 . 00 220 . 36 617 . 00
1,579 .99 34.67
464 . 65 1 ,758. 95
77.67 9,030 .00
350.89 29 .99 40.00
644.83 80.00
7 , 915 .00 2,000.00
310.00 950.00 81.39 20 .00
116.00 20.00
3,682.28
327 , 789 . 86
Amount Owed
Page : 3/3
Amount Rejected
CONSENT AGENDA
THE CANDIDATES
Two-year terms beginning October 1, 2014
Christine Burns, Village Manager, Village of Spring Lake
Christine has more than 21 years of experience as a municipal offi cial. Christine is the Village Manager of Spr ing Lake after serving the City of Cedar Springs for more than 5 years and the Village of Oxford for nearly 2 years. She also served the City of Clare for more than 14 years. Chr is graduated from Central Michigan University with the BS in BA majoring in Management (1990) and earned her MSA in Public Admin istration from CMU in 2006. Fire Up Chips! Chris is a member of the Michigan Local Government Management Association CMLGMA), International City/ County Management Association CICMA) and holds a Certified Master Municipal Clerk designat ion; she also serves as the President for t he West Ml Loca l Government Management Association and is on the Board of Directors for MLGMA. Christine is seeking re-elect ion to her third term as Trustee.
Frank Campbell, Mayor, City of Hastings
Frank has more than thirty- f ive years' experience as a munic ipal off ic ial, serv ing as the mayor in the City of Hastings since 2012. He has served on the counci l, the Downtown Development Authority, the Planning Commission and several other local civ ic organizat ions. Frank is a member of the Michigan Assoc iation of Mayors, a former vice-pres ident of the Michigan Municipal League Board of Trustees and a former president of the MML Elected Officials Academy board. Frank is seeking election to his first term as Trustee.
Elva Mills, Village President, Village of Lexington
Elva has more than 20 years experience as a municipal o fficial, having served twelve years on the Madison Heights city council, and since 2000, on the Lexington Village counc il. Elva has also served on the boards of the Madison District Public Schools, the Sanilac County Community Mental Health Board and the Thumb Mental Health Alliance. In addition, she is currently active in a number of civic organizations, inc luding the Greater Lexington Chamber of Commerce, the Lexington Business Association, the League of Women Voters, the American Association of University Women, and others. Elva is seeking re-election to her third term as Trustee.
CR14- 064 August 4, 2014 RE: ADMINISTRATION – Election of Trustees to MML Workers’ Comp.
Board of Trustees
RESOLUTION
WHEREAS, the City of Adrian has been a member of the Michigan Municipal League (MML) Workers’ Compensation Fund since 1992; and WHEREAS, each year an election is held for members of the Workers’ Compensation Board of Trustees; and WHEREAS, three (3) incumbent Trustees are seeking re-election for two-year terms beginning October 1, 2014: Christine Burns, Village of Spring Lake; Frank Campbell, City of Hastings; and Elva Mills, Village of Lexington; and WHEREAS, the City Administrator requests City Commission authorization to re-elect the aforementioned incumbent Trustees. NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby authorizes re-election of the aforementioned MML Workers’ Compensation Fund Trustees for two-year terms beginning October 1, 2014.
On motion by Commissioner _____________________________, seconded
by Commissioner __________________________, this resolution was _________
by a ___________ vote
CR14-065 August 4, 2014 RE: ADMINISTRATION – Appointment of Delegates to the Annual
Municipal Employees Retirement System (MERS) Meeting
RESOLUTION
WHEREAS, the Michigan Employees Retirement System (MERS) is having its annual meeting of participating municipalities; and WHEREAS, it is necessary that one officer and one employee of the City of Adrian be designated by each municipality, with respective alternates; and WHEREAS, there has been an election held by employees of the City of Adrian. NOW, THEREFORE, BE IT RESOLVED, that Scott Holtz be designated as the employee representative and Mike Springer as the alternate employee delegate; and be it FURTHER, RESOLVED that Cindy Prue be designated as the City Officer delegate and that an alternate officer delegate will be determined by the City Administrator if needed, to attend the meeting at the Detroit Marriott in the Renaissance Center in Detroit, Michigan on September 24 – 26, 2014 in accordance with the provisions of the Municipal Employees Retirement Act No. 135, Public Act of 1945, as amended. On motion by Commissioner ___________________; seconded by
Commissioner ____________________; this resolution is _______________
by a ___________________ vote.
CR14-066 August 4, 2014 RE: CITY COMMISSION – Change in Commission Meeting Date
RESOLUTION
WHEREAS, the Charter of the City of Adrian requires that regular meeting times be established by City Commission resolution; and
WHEREAS, the regular meeting scheduled for Monday, September 1, 2014 occurs on
a day City Hall is closed in observance of Labor Day; and NOW, THEREFORE, BE IT RESOLVED that said regular meeting will be held on
Tuesday, September 2, 2014 at 7:00 p.m. in the City Chambers Building located at 159 E. Maumee St., Adrian, MI.
On motion by Commissioner ___________________________, seconded by
Commissioner _____________________________, this resolution was _______________
by a _________________ vote.
155 E. Maumee St., Adrian, MI 49221 Police Department 517.264.4808 Fax 517.264.1927
“Respect for the individual voice, service for the common good.”
Memo
Date: July 30, 2014 To: Shane Horn, City Administrator From: Vincent Emrick, Chief of Police RE: Recommended purchase of reserve equipment As you are aware, our Police Department maintains a reserve unit of a dozen officers. These men and women volunteer their time to assist us with traffic control, parades, and other special events. Over the last few years they have been an invaluable resource to draw upon to provide the same level of service to the community on a smaller budget. In that same time, we have struggled to outfit them with the same duty gear as our regular full time officers.
Many reserve officers are still assigned the older 1911 style Smith & Wesson handguns that were issued in 1993. Current sworn officers carry a Springfield XD .45 which is a marked improvement in ergonomics and capacity. I have been working to standardize our equipment and I have placed firearms as a priority due to the critical importance and high risk associated with their use. With that in mind, I request authorization to purchase 10 Springfield XD handguns and the accompanying TLR-1 Streamlights to outfit our reserve unit.
This update was approved in the 2014/15 capital budget and was to be completed using drug forfeiture funds at no cost to the City’s general fund. Funds for this purchase are available in the non-drug forfeiture account #701-000-00-277-000.
I submitted a bid request through the finance department and received the following prices in the tabulation dated 7/29/14:
Handguns WeaponLights Michigan Police Equipment Co Charlotte, Michigan
$4,770.00 $477.00 each
$895.00 $89.50 each
Personal Protection Group, LLC Orange, Connecticut
$5,197.50 $519.75 each
$1,312.00 $131.20 each
Proforce Law Enforcement Prescott, Arizona
$5,050.40 $505.04 each
$861.00 $86.10 each
Simmons Gun Specialties Spring Hill, Kansas
$4,830.00 $483.00 each
$877.50 $87.75 each
155 E. Maumee St., Adrian, MI 49221 Police Department 517.264.4808 Fax 517.264.1927
“Respect for the individual voice, service for the common good.”
Ann Arbor Arms Ann Arbor, Michigan
$5,990.00 $599.00 each
$1,220.00 $122.00 each
Vance Outdoors Inc. Columbus, Ohio
$4,899.00 $489.90 each
$958.00 $95.80 each
Michigan Police Equipment of Charlotte, Michigan returned as the lowest bidder for the firearms and is also competitive on the accompanying streamlight. Our dealings with them in the past have been satisfactory and I recommend we award the bid to them for both items.
CR14-067 August 4, 2014 RE: POLICE DEPARTMENT- Purchase of Equipment for Reserve Unit
RESOLUTION
WHEREAS the Adrian City Commission previously authorized the purchase of upgraded equipment for the Police Reserve Unit through the capital budgeting process; and
WHEREAS the bid process has been completed and the following tabulation
returned:
Handguns WeaponLights Michigan Police Equipment Co Charlotte, Michigan
$4,770.00 $477.00 each
$895.00 $89.50 each
Personal Protection Group, LLC Orange, Connecticut
$5,197.50 $519.75 each
$1,312.00 $131.20 each
Proforce Law Enforcement Prescott, Arizona
$5,050.40 $505.04 each
$861.00 $86.10 each
Simmons Gun Specialties Spring Hill, Kansas
$4,830.00 $483.00 each
$877.50 $87.75 each
Ann Arbor Arms Ann Arbor, Michigan
$5,990.00 $599.00 each
$1,220.00 $122.00 each
Vance Outdoors Inc. Columbus, Ohio
$4,899.00 $489.90 each
$958.00 $95.80 each
; and WHEREAS the Finance Director indicates that sufficient funds are available for this purpose in the FY2014-15 Budget in account #701-000-00-277-000 (non-drug forfeiture) at no cost to the City’s general fund; and WHEREAS the Police Chief and City Administrator recommend that the above listed equipment be purchased from Michigan Police Equipment of Charlotte, Michigan; and
NOW THEREFORE BE IT RESOLVED that the Adrian City Commission by this resolution hereby awards the bid for Reserve Unit equipment to Michigan Police Equipment of Charlotte, Michigan, at a cost not to exceed $5,665.00.
On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a
_______vote.
MEMORANDUM
TO: Honorable Mayor Berryman Shane Horn, City Administrator City Commissioners
FROM: Marcia Bohannon, Transportation Coordinator
DATE: July 30, 2014
SUBJECT: RURAL TRANSIT ASSISTANCE PROGRAM (RTAP) THIRD PARTY CONTRACT
The attached Third Party Contract between Michigan Public Transit Association and Adrian Dial-A-Ride is a binding agreement for the purpose of making federal RTAP grant funds available for the costs of eligible training activities and equipment and/or technical assistance research activities that promote or benefit rural public transportation . We are eligible recipients as we received Federal Transit Administration (FTA) Section 5311 funds. Upon execution, this contract covers the period commencing July 1, 2014, and extending through September 30, 2014.
Respectfully submitted,
~d}4_cwvn~ Marcia Bohannon Transportation Coordinator
RURAL TRANSIT ASSISTANCE PROGRAM (RTAP)
THIRD PARTY CONTRACT
THIS AGREEMENT is made and entered into this day of ____ _______ 2014 by and between Michigan Public Transit Association (hereinafter referred to as the AGENCY), and the ________________________ referred to as the ELIGIBLE-RECIPIENT). SECTION 1 – DEFINITIONS PROGRAM Means the Rural Transit Assistance Program designed primarily for rural
transit agencies dispersal of funds for eligible training activities and equipment and/or technical assistance and research activities that promote or benefit rural public transportation.
DEPARTMENT Means the Michigan Department of Transportation. OFFICE Means the Office of Passenger Transportation of Michigan Department of Transportation. AGENCY Means the eligible authority, eligible governmental agency, or
organization representing the rural transit agencies interests which is receiving funds from the DEPARTMENT under the PROGRAM, (Michigan Public Transit Association).
PROJECT Means the providing of funds from the Rural Transit Assistance Program
(RTAP). STATE Means the State Of Michigan. ELIGIBLE-RECIPIENT Means the organization which will receive funds under this contract.
APPLICATION Means the AGENCY'S application, submitted in cooperation with the
ELIGIBLE RECIPIENT, for funding from this PROGRAM for the period October 1, 2013 to September 30, 2014.
SECTION 1 - PURPOSE
This Contract is made for the purpose of making federal Rural Transit Assistance Program (RTAP) grant funds available to the ELIGIBLE RECIPIENT for the costs of eligible training activities and equipment and/or technical assistance research activities that promote or benefit rural public transportation. Eligible recipients are rural agencies that receive Federal Transit Administration (FTA) Section 5310 or Section 5311 funds, hereinafter
2
referred to as “ELIGIBLE RECIPIENT(S).” The ELIGIBLE RECIPIENT may only be reimbursed for the percentage of eligible expenses equivalent to the percentage of services for which the ELIGIBLE RECIPIENT receives Section 5310 or 5311 funds.
SECTION 2 - FUNDING
The AGENCY agrees to disperse RTAP funds to all ELIGIBLE RECIPIENTS in accordance with FTA Circular C9041.1, incorporated herein by reference as if the same were repeated in full herein. The maximum amount of funding provided under this Contract for Fiscal Year 2012 (October 1, 2011-September 30, 2012) is $4,500 (four thousand dollars) as determined by the DEPARTMENT. Funding for Fiscal Years 2013 and 2014 will be determined by the DEPARTMENT contingent upon continuation of the PROGRAM and continued receipt of federal RTAP funds.
SECTION 3 – ACCOUNTING AND RECORD-KEEPING
The AGENCY, shall provide to the ELIGIBLE-RECIPIENT, the State funds designated for the eligible costs incurred in the performance of this contract within ten (10) working days of the receipt of said funds from the DEPARTMENT. The ELIGIBLE-RECIPIENT shall maintain books, records, documents, and other accounting records in accordance with the general accepted governmental accounting principles. Said records shall be sufficient to properly reflect all costs of whatever nature claimed to have been incurred or anticipated to be incurred in the performance of the identified PROJECT. To facilitate the administration of the PROJECT, separate records shall be established and maintained. The ELIGIBLE-RECIPIENT shall assure that the records to support the expense(s) are established and maintained. The Federal Grants associated with this grant is MI-18-X050 Grant Year 2010; Federal Item Number WK0050. The Catalog of federal Domestic Assistance Number for the Federal Transit Administration Formula Grants for Other Than Urbanized Areas Program is 20.509. The Special Section 5333(b) Warranty for Section 5311 can be found at: www.dol.gov/dol/esa/public/regs/compliance/olms/13factsheet.htm. The ELIGIBLE-RECIPIENT is responsible to use the Request Forms (Attachment A) and Travel Vouchers (Attachment B). The ELIGIBLE-RECIPIENT shall review and follow all Travel Rates (Attachment C) and Guidelines (Attachment D) set forth by the DEPARTMENT.
3
SECTION 4 - MISCELLANEOUS PROVISIONS
(a) If any provision of this contract is held invalid, the remainder of this contract shall not be affected, if any such remainder continues to the provisions and requirements of applicable law.
(b) The ELIGIBLE-RECIPIENT shall commence, carry on, and complete the PROJECT in accordance with all applicable laws. Nothing in this contract shall require the ELIGIBLE-RECIPIENT to observe, comply, or do any other things in contravention of any STATE, Local or Federal law.
(c) None of the funds, materials, property, or services obtained by the AGENCY or the ELIGIBLE-RECIPIENT under this contract shall be used for any partisan political activity, or to further the election or defeat of any activity, or defeat of any candidate for public office.
SECTION 5 - TERM OF CONTRACT
Upon execution, this contract shall cover the period commencing July 1, 2014, and extending through September 30, 2014.
IN WITNESS WHEREOF, the parties hereto have cause for this Contract to be executed. Michigan Public Transit Association BY: Clark Harder, Executive Director Agency BY: Authorized Signature Print Name
CR14-068 August 4, 2014 RE: TRANSPORTATION – RTAP THIRD PARTY CONTRACT FOR FUNDING RESOLUTION
WHEREAS, the City of Adrian desires to continue provision of Dial-A-Ride service, and,
WHEREAS, the Rural Transit Assistance Program (RTAP) is designed primarily for rural transit agencies dispersal of funds for eligible training activities and equipment and/or technical assistance and research activities that promote or benefit rural public transportation, and be it
RESOLVED, that the City Commission of the City of Adrian does hereby approve the RTAP Third Party Contract between the City of Adrian Dial-A-Ride and the Michigan Public Transit Association, and be it
FURTHER RESOLVED, that the funds from the Third Party Contract be granted to the Adrian Dial-A-Ride in accordance with the terms of FTA Circular C9041.1, and
HEREBY, authorizes the Mayor, Jim Berryman to execute the Contract for the City of Adrian.
On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a
________________ vote.
STREET/PARKING AREA CLOSURE APPLICATION
Applicant Information- please print
Name:
Address:
Daytime Phone:
Fax: Email:
1. Are you a non-profit organization? Jt ~
2. State requested street or parking area to be closed:
3. Purpose for request:
4. Period of time for closing:
l1/'-/1 + ctfC,/J4-l ~Dopr-rv - I I: !:)q prrt-
5. Provide a diagram (including dimensions) for area to be enclosed to show placement of tents, carts, or other items (attach to this application).
6. Set forth any requests for a waiver of any standard conditions set forth in the instructions.
STAFF USE ONLY
Number of intersections involved:
Number of barricades needed:
Are City barricades available?
Applicat ion & barricade fee due:
HOLD HARMLESS/INDEMNIFICATION AGREEMENT
THIS AGREEMENT, made this day of , 2013, between the CITY OF ADRIAN, a Michigan municipal corporation, of 135 East Church Street, Adrian, Michigan 49221, hereinafter referred to as the "City", and JTffo..ny l'oz.yk._.. , of
'Z.ooi'R- (J f Leha.V'Iev hereinafter referred to as the "Applicant".
RECITALS
I. The Applicant has requested the use of a City street or public parking area, that is owned by the City.
2. The fees involved are for the purpose of covering direct costs and are not designed for any profit to the City.
3. As the City will receive little or no financial benefit for this usage, it is necessary to have the City indemnified and held harmless from any liability or damage claims associated with the use of such area by the Applicant, which is agreeable to the Applicant.
NOW, THEREFORE, inconsideration of the foregoing Recitals and the use of said street or public parking area by the Applicant, it is agreed as follows:
I. The Applicant will have the City named as an additional insured on its liability policy for all activities or events for which it will utilize the street or parking area. Minimum coverage will be One Million ($1 ,000,000) Dollars. The City shall be provided a copy of the insurance declaration sheet which shall evidence such coverage.
2. The Applicant shall indemnify and hold the City harmless from any and all liability, claims, damages, costs, and any other expenses, including actual attorney fees incurred, that may be associated or incurred by the City as a result of the Applicant's use ofthe street or public parking area.
IN WITNESS WHEREOF, the parties have set their hands the day and year first above written.
THE CITY OF ADRIAN
By: _ ______ _
Its: -------------------
APPLICANT:
INSTRUCTIONS
Requests for a street closure for use of a municipal parking area must be made on the attached
application. All applications must be filed with the City Clerk no later than 21 days prior to the event.
The application will then be heard and decided by the Adrian City Commission.
Each use of a City street or municipal parking area shall be subject to the following standard conditions :
1. Parking. Arrangements for parking areas not closed shall be secured in a manner to have no
interference with the normal flow of traffic, nor any vision obstruction of intersections. Parking shall not
hinder ingress or egress to any private drive. Parking will not hinder emergency vehicles' ability to
access the event nor shall it block any fire hydrants.
2. Barricades. The City will provide barricades in most situations. In the event a sufficient number
are not available at the time of the application, the applicant may be required to obtain barricades and
traffic control devices from an independent provider at its cost. No home-made barricades shall be
permitted.
3. Security. The applicant shall have security personnel who are visible and recognizable to all
attendees, public safety personnel, participants and city officials. Security personnel shall not consume
any alcoholic beverages before or during the event. Security personnel must comply with all directives
of City public safety personnel and must have specific knowledge of all persons in charge of activities
within the venue.
4. Alcohol. In the event alcohol is served or provided, it may not be dispensed or consumed on
any city streets or parking areas unless specifically authorized and approved by the Michigan Liquor
Control Commission. Security staff shall ensure that alcoholic beverages are neither served to nor
consumed by any minor or a visibly intoxicated person. In the event alcohol is provided in any manner
or admission is charged to the event, all requisite permits and insurance must be obtained prior to the
event and must be submitted to the Adrian City Clerk for review and approval by city staff. Alcohol will
only be dispensed or consumed in the area or areas specified in the permit.
5. Certificate of Insurance and Hold Harmless/Indemnity Agreement Requirements. All permitted
events will require:
1. A certif icate of insurance naming the City of Adrian as an additional insured party
with an insurance limit of one million dollars; and
2. A hold harmless/indemnification agreement, a copy of which is attached hereto.
This agreement shall be printed on the event holder's official letterhead, must be
signed by a duly authorized representative of the Applicant.
6. Ingress and Egress. Security personnel shall ensure ingress and egress to the closed area by
emergency personnel at all times. There shall be a minimum of 20 feet opening of roadway at all times
to ensure the access for emergency vehicles. Alternate provisions, however, may be approved by the
Fire Chief on a case by case basis. Security will immediately clear the street if an emergency vehicle
enters the venue and will assist in keeping persons at a safe distance from the emergency vehicles.
7. Notification. The applicant shall notify all residents and businesses in the area closed to traffic
or parking at least one week prior to the event with a written notice which clearly identifies the event
and the agenda- including the opening and closing times. All measures must be taken to accommodate
any objections of those persons or entities notified. A copy of the notice shall be provided to the City
Clerk.
8. Noise. The applicant will comply with the City of Adrian noise ord inance and any other
applicable ordinances. No sound devices shall be placed within 25 feet of a resident's property without
the permission of the resident.
9. Clean-Up. The applicant shall ensure that the entire area, including adjacent property, is clean
and free of debris and/or waste material generated by the event.
Any trash placed in City containers shall be disposed of by the applicant. At the conclusion of the event,
the area w ill be forthwith cleaned and the area w ill reopen within a reasonable time after the conclusion
of the event.
In the event any City barricades or devices are damaged or stolen, the applicant shall pay the full repair
for replacement costs.
10. Permit Revocations. In the event the requirements are not fully met prior to or during any
event, the Fire Chief, Police Chief, City Engineer or the City Administrator shall have the authority to
revoke the permit and reopen the areas for public traffic access. Effort shall be made to inform the
applicant prior to such a determination, but it is not requ ired .
11. Other Requirements. Event coordinators will comply with any other special requirements or
directions identified and required by City of Adrian staff. No tent stakes or other items shall be driven
into the street.
If you want to request a waiver from any or all of these requirements, you must note such
request on the application, as this must also be decided by the City Commission.
An application fee of $35 is required when the application is filed . Additional fees may be
made by the City Commission for the use of City barricades, which must be paid in full before
the event.
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CR14-069 August 4, 2014 RE: CITY COMMISSION – RESOLUTION TO APPROVE OR DENY AN APPLICATION FOR THE CLOSURE OF A STREET OR PUBLIC PARKING AREA.
RESOLUTION
WHEREAS, Zonta of Lenawee has applied for the closure of the Toledo Street parking lot for a fundraiser event on Saturday, September 6, 2014 from 1:00pm until 11:59pm; and WHEREAS, the City Commission has considered said request including all requested waivers from standard requirements. NOW, THEREFORE, IT IS HEREBY RESOLVED that the application of Zonta of Lenawee is hereby (approved/denied). IT IS FURTHER RESOLVED that requested waivers of standard conditions are (approved/denied). IT IS FURTHER RESOLVED that the fee for use of City barricades shall be _____ for this event. On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a _______vote.
/ 0<.::> ::f:> .
STREET/PARKING AREA CLOSURE APPLICATION
Applicant Information- please print
Name: I f1'1M~t .s ul.ftJw,J 3:4J'vt ~~~a.tu hotAJ Crt-(;;5"'i>;P~~
Address: ILl s( H r1--IAJ 6~ .
Daytime Phone : Sl7 . J.C, 3 . S' o J-3 Cell: 5 L'1 - (e..05 .- '13 '?b
Fax: Email: d.'\ 6 <1_ ('C~ '5 /1'1 0...111 ~ f{, VM ~ .....,
1. Are you a non-profit organization?
2. State requested street or parking area to be closed:
3. Purpose for request:
4. Period of time for closing:
q ~ 0 0 J(}vY\ s ~~; u -a.};) 14-" IJ ~us l-- ;). 3 I ;a lL{ .}-- c '-1 :' OD /.)#f
t f:> <.J..i-1 0 4y J. ~ 2 () JJ{ 5. Provide a diagram (including dimensions) for area to be enclosed to show placement oftents,
carts, or other items (attach to this application).
STAFF USE ONLY
Number of intersections involved:
Number of barricades needed:
Are City barricades available?
Application & barricade fee due:
HOLD HARMLESS/INDEMNIFICATION AGREEMENT
THIS AGREEMENT, made this day of , 2013, between the CITY OF ADRIAN, a Michigan municipal corporation, of 135 East Church Street, Adrian, Michigan 49221, hereinafter referred to as the "City", and , of
hereinafter referred to as the ---------------------------------------------------"Applicant".
RECITALS
I. The Applicant has requested the use of a City street or public parking area, that is owned by the City.
2. The fees involved are for the purpose of covering direct costs and are not designed for any profit to the City.
3. As the City will receive little or no financial benefit for this usage, it is necessary to have the City indemnified and held harmless from any liability or damage claims associated with the use of such area by the Applicant, which is agreeable to the Applicant.
NOW, THEREFORE, inconsideration of the foregoing Recitals and the use of said street or public parking area by the Applicant, it is agreed as follows:
I. The Applicant will have the City named as an additional insured on its liability policy for all activities or events for which it will utilize the street or parking area. Minimum coverage will be One Million ($1,000,000) Dollars. The City shall be provided a copy of the insurance declaration sheet which shall evidence such coverage.
2. The Applicant shall indemnify and hold the City harmless from any and all liability, claims, damages, costs, and any other expenses, including actual attorney fees incurred, that may be associated or incurred by the City as a result of the Applicant's use of the street or public parking area.
IN WITNESS WHEREOF, the parties have set their hands the day and year first above written.
THE CITY OF ADRIAN
By: _____ __ _
Its: -----------------
APPLICANT:
b:C\:: Q,,._ ''5 6 oM.<rli
~~-
Parking Lot
Sidewa lk Added Hamerman's Furniture
Space
Area
App. 15' X 50'
Sidewa lk Exit Rear Entrance
Mandy's Uptown Bar & Grill
Club 109
Hair Salon
Front Entrance
I I Sidewalk Sidewalk Sidewalk
Main Street
AC0RD0
CERT!F~CATIE Of' l~AB~l~TY ~NSURANCE I DA~II!WDOIYYYY) ~ 5/13/2014 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF JNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING lNSURER(S}, AUTHORIZED REPRESENTAT1VE OR PRODUCER, At!D THE CERTIFICATE HOl..OER.
IMPORTANT: If tho certlfh:ate holder Is an ADDITIONAL INSURED, the pollcy{les) mutJt be endonsed. If SUBROGAnON IS WAIVED, aubf~ to the tenns and conditions of the policy, certain policies may require an endo111ement. A a13tement on this certlftcate does not confer rights to the certfftcate hold or In lieu of such elldorsement{a).
PRODUCER 1 ~~ACT Bl:i.ssfiel.d Iott Insurance Aqency Inc. ":)~ ~""' {517) 486-4381 j ~- No!: IS!-71415•235!
9017 E. OS 223 I.:O~ss : P . O. Box 7 COVBWll; NAIC J
Bliaafield MI 49228 IHIUIISI A ;HOllie Owners 126638 IHSUIU:O l~t:ltorth Pointe Mandy's Uptown Bar & Grill, DBA: ~I Inc. llf'Sut!ER c: : 111 S . Main St. IHSURERD :
INSUAERE:
Adrian MI 49221 _,AERF:
COVERAGES CERTIFICATE NUMBER:l4/15 REVISION NUMBER! THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TliE INSURED IWolED ABOVE FOR THE POLICY PERIOD INDICATED NOlWITHSTANOING Nol'f REQUIREMENT, TERM OR CONDITION OF ANY COHTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IMY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HERBN IS SUBJECT TO All THE TERMS. EXCLUSIONS AHO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN IMY HAVE SEEN REDUCED 8Y ~,.;C::;.LAI"'M<'-Sr.-------------~
'l"# T'ti'EOFIIiSUAAIICE lo...-l..nm POUCYNUMBEA -~EFF ~ UIII1S
~NERAl. UABIUTY I I I l f.ACk OCCUAAEHC£ $ 1, 000 I 0 00 ~ COM!.IERCIAI. &NERAL Llo\BILiT'I : j i · 1 ~s s 50, 000
A ~tJ~ [i].,,. ~~ ! """" f'""m ''"'"" == ': ~:::::::: ~N'l~UWIT~PER: I PAODUCJS · COMI'IOPAGG $ 1,000,000 IXIPOUCYI I ~ I ( LOC I ! ~
AllroNOBII.E l.lA8IUTY 1--
AH'IAUTO
1-- All. OWNEO ~r-- SCHEOULEO 1-- AUTOS =~EO 1-- IIREO AUTOS AUTOS
I OED 1 1 RFT'ENTIOH s
B Li.qnor Liability
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!UD1010B
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s
jl/15(20U /15/2015 E.i..lliSEASI! ·I!ABI'~ $
E.L DI6£1.S6 • f'OUC\' UNIT $
lztlS/201.« /15/2[)15 SS0,11111Uonil
SSI.IIIIIAIIQI'elllllo
500 000 500 000 500 000
tJtll(;lljPIION Of' Cf'£1111110HSJ l.OCATlOHS I VEHICUS (.\IIUIIACOIUl1P1, Alldllloael.....,.._lo,lf-..... ,.._) LIMITS SHOWN AilE THOSE IN EFnC'.r AT POLicr 'ISSUANCE. Additional insured undar the ganexal llabil:i.ty i.s city · o~ Adrian.
CeRTIFICATE HOLDER
City of Adrian 100 E. Church St . Adrian, MI
ACORD 25 (:Z010/06) INS026t?<ltM.'\I m
49221
CANCELLATION
SliOULD AN't OF THE ABOVE Pl:SCRIBED POUCIES BE CAHCEU.EO B£FORJ; THE EXPIRA110N DATE THERI!OF, HOTlCE WILl Be DELIVERS> Ill ACCORDAHCE Willi Tltt: POUc:Y PROVISIONS.
AIITHORlZED REPRE5EJIT" '!WE
Brian lett/DAWN ~~~-~ @ 1918·201 0 ACORD CORPORATION. All rights reserved.
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CR14-070 August 4, 2014 RE: CITY COMMISSION – RESOLUTION TO APPROVE OR DENY AN APPLICATION FOR THE CLOSURE OF A STREET OR PUBLIC PARKING AREA.
RESOLUTION
WHEREAS, Mandy’s Uptown Bar & Grill has applied for the closure of sidewalk alley way behind Mandy’s for a “Welcome Back College Students” event from Saturday, August 23, 2014 at 9:00am through Sunday, August 24, 2014 at 4:00am; and WHEREAS, the City Commission has considered said request including all requested waivers from standard requirements. NOW, THEREFORE, IT IS HEREBY RESOLVED that the application of Mandy’s Uptown Bar & Grill is hereby (approved/denied). IT IS FURTHER RESOLVED that requested waivers of standard conditions are (approved/denied). IT IS FURTHER RESOLVED that the fee for use of City barricades shall be _____ for this event. On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a _______vote.
REGULAR AGENDA
July 30, 2014 MEMORANDUM TO: Shane Horn, City Administrator Cc: FROM: Todd Brown, Director of Parks & Engineering Services
Sarah Osburn, City Attorney SUBJECT: City of Adrian/Shell Gas Station Right-Of-Way Agreement
Walters-Dimmick owns and operates the Adrian Shell station located at 711 S. Main Street. A confirmed release of petroleum products on the property was reported to the Michigan Department of Environmental quality (MDEQ) in 2009. Results of lab testing reveal the presence of chemicals typically found in gasoline in sample from groundwater along the northern portion of the Property. It is inferred that soil and/or groundwater contamination has migrated into, or could potentially migrate into the West Beecher Street right-of-way. Sarah Osburn and I have worked through the attached agreement with the preparer, Mr. Donald Penniman and feel comfortable that the language protects the City and is in the best interest of all parties that the City enter into this agreement.
AGREEMENT CONCERNING THE WEST BEECHER STREET RIGHT-OF-WAY ADRIAN, MICHIGAN
This agreement is entered into this day of , 2014, by and between WaltersDimmick Petroleum, Inc. (Walters-Dimmick), a Michigan corporation, and the City of Adrian (City), a Michigan municipal corporation, regarding the presence or potential presence of environmental contamination in the West Beecher Street right-of-way in the City of Adrian, Lenawee County, Michigan.
Walters-Dimmick owns and operates the retail gasoline station known as Adrian Shell, with a common address of 711 South Main Street, Adrian, Michigan (Property). The property is also listed with a sub-address of 504 West Beecher Street. A confirmed release of petroleum products on the Property was reported to the Michigan Department of Environmental Quality (MDEQ) on May 5, 2009. Walters-Dimmick has performed appropriate corrective actions under the requirements of Part 213 of the Michigan Natural Resources and Environmental Protection Act, P.A. 451 of 1994, as amended (Part 213), and remains in compliance with Part 213.
Results of laboratory analysis of soil and groundwater samples collected in the course of corrective actions indicated the presence of chemical constituents of gasoline in the northern portion of the Property. Detected concentrations of these constituents exceed Risk-Based Screening Levels (RBSLs) established by MDEQ. Based on the proximity of these detected concentrations to the north Property boundary (i.e. the south boundary of the West Beecher Street right-of-way), it is inferred that soil and/or groundwater contamination has migrated into, or could potentially migrate into the West Beecher Street right-of-way. The area of known and potential contamination, reasonably inferred by the results of laboratory analysis of soil and groundwater samples, is illustrated in map view on Figure 1 and in cross-sectional view on Figure 2 of Exhibit 1 of this agreement. Contaminated soils are present at depths greater than 12 feet below the ground surface in proximity to the north Property boundary.
Based on these conditions, City and Walters-Dimmick agree to the following:
1. This agreement shall be limited to the section of the West Beecher Street right-of-way immediately north of the Property, an area measuring 183.15 feet east-west, comprising the northern boundary of the Property, and extending 66 feet north-south, the entire width of the right-of-way. This area is identified as the "Area of Alternate Institutional Control" on Figure 1 of Exhibit 1.
2. In the event that excavation for installation, maintenance, or replacement of city-owned utilities in the West Beecher Street right-of-way, Walters-Dimmick will reimburse City for reasonable costs of transportation and disposal of contaminated soils from excavation from depths greater than 12 feet within the area covered by this agreement. For purposes of this agreement "contaminated" soils or groundwater shall be defined as soils with concentrations of gasoline constituents exceeding RBSLs current as of the date of excavation. Representative soil samples shall be analyzed by a laboratory certified under the National Environmental Laboratory Accreditation Program (NELAP) prior to transportation or disposal. If analytical results indicate contaminant concentrations exceed RBSLs, Walters-Dimmick will reimburse City for reasonable costs of laboratory analysis.
3. City will provide no less than 90 days notice to Walters-Dimmick of any planned excavation within the area subject to this agreement and will allow Walters-Dimmick or their agents to review plans, specifications, and cost estimates; and shall consider reasonable requests by Walters-Dimmick or their agents for changes in plans or procedures, prior to City or its contractors beginning such work, providing such changes do not increase project costs based on costs in effect at the time of excavation. Notice shall be addressed to:
Walters-Dimmick Petroleum, Inc. 1620 S. Kalamazoo Avenue Marshall, Ml 49068 269-781-4654 Attn: John Dimmick
In the event of emergency repairs involving excavation, City shall notify Walters-Dimmick within 24 hours of discovery of conditions requiring emergency repairs.
4. Walters-Dimmick and its agents shall have the right to observe excavation and installation, repair, or replacement of utilities within the area covered by this agreement and shall have the right to collect and analyze samples of soils to be excavated or soils that have been excavated and stockpiled.
5. In the event contamination is discovered in the area covered by this agreement that is not reasonably inferred to have originated on Walters-Dimmick property, Walters-Dimmick shall have no responsibility and shall bear no cost to address such contamination.
6. In the event analytical results of soil or groundwater samples collected and analyzed subsequent to the date of this agreement indicate contaminant concentrations within the area covered by this agreement have degraded to levels below applicable RBSLs, this agreement shall expire and neither City nor Walters-Dimmick shall be bound by its provisions. Such expiration shall be effective upon written notification to City following review of analytical results by Walters-Dimmick or its agents and determination that contaminant concentrations have degraded to levels below applicable RBSLs.
7. This agreement shall inure to the benefit of City and Walters-Dimmick and shall be binding on each party's successors and assigns.
City of Adrian Walters-Dimmick Petroleum, Inc.
By: ____________ _
Its: --------------------------
Date: _____________________ _
EXHIBIT 1
ILLUSTRATIONS
MW-17
MW-11
MW-10
MW-13
MW-12
MW-6
MW-5
MW-7
MW-14
MW-8
MW-15
MW-16
MW-9
MW-20
MW-19
MW-18
MW-1
MW-2
MW-3
MW-4
SW-1
15" SANITARY SEWER
(APPROXIMATE DEPTH 12' BGS)
18" SANITARY SEWER MAIN
(APPROXIMATE DEPTH 12' BGS)
4
"
W
A
T
E
R
M
A
I
N
(
A
P
P
R
O
X
I
M
A
T
E
D
E
P
T
H
5
'
B
G
S
)
RETAINING WALL APPROX. 7' ABOVE
THE PROPERTY TO THE SOUTH
TIM HORTON'S
727 S. MAIN ST.
CB/NB
ASPHALT
ASPHALT
ASPHALT
ASPHALT
ASPHALT
ASPHALT
ASPHALT
A
S
P
H
A
L
T
MULCH
LANDSCAPE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
CONCRETE
ASPHALT
GRASS
GRASS
GRASS
GRASS
GRASS
LANDSCAPE
G
R
A
S
S
G
R
A
S
S
G
R
A
S
S
G
R
A
S
S
G
R
A
S
S
GRASS
DUMPSTERS
M
U
L
C
H
MH
MH
CB/NB
SEWER
CLEANOUT
FORMER
VENT LINES
CURRENT
VENT LINES
SANITARY SEWER
SERVICE LINE
(APPROX. DEPTH 6' BGS)
CB/NB
SHELL FOOD MART #1040
504 WEST BEECHER STREET
TREE
SO
UT
H M
AIN
S
TR
EE
T / M
-52
APPROXIMATE
SITE BOUNDARY
WEST BEECHER STREET
MIDAS AUTO SERVICE
639 S. MAIN ST.
SOUND WAVES
421 BEECHER ST.
GARAGE
BUSHES
FENCE
FENCEFENCE
SIDEWALK
S
I
D
E
W
A
L
K
G
R
A
S
S
TREE
CANOPY
WATER SERVICE LIN E
(APPROXIMATE DEPTH 5' BGS)
BUSHES
S
I
D
E
W
A
L
K
GRASS
CB/NB
FENCE
AIR
UST-83
UST-81
UST-82
CA
TO
N A
VE
NU
E
UST AREA REMEDIAL
EXCAVATION AREA
FORMER
PRODUCT LINES
SIGN
C
O
N
C
R
E
T
E
UST-84
UST-85
LEGEND
UST
CB/NB
RB/B
MONITORING WELL LOCATION
CURRENT UNDERGROUND STORAGE TANK / PRODUCT LINES
COMMERCIAL BUILDING WITH NO BASEMENT
RESIDENTIAL BUILDING WITH BASEMENT
MW-5
UST
FORMER UNDERGROUND STORAGE TANK / PRODUCT LINES
CROSS-SECTION
8" WATER MAIN
(APPROXIMATE DEPTH 5' BGS)
N
S
AREA OF ALTERNATE
INSTITUTIONAL CONTROL
ESTIMATED EXTENT OF GROUNDWATER CONTAMINANT
PLUME
ESTIMATED EXTENT OF SOIL CONTAMINATION
FIG
UR
E 1
date drawn:
2/17/14
revised:
drawn by:
JWL
project mgr:
Not a legal survey
AD
RIA
N S
HE
LL
7
11
S
. MA
IN
S
T
AD
RIA
N, M
IC
HIG
AN
GJ
3/27/14
300 30
GRAPHIC SCALE
1" = 30'
N
S
EW
SITE IS A PORTION OF THE NW1/4 NW1/4 NW1/4 T7S, R3E
POTENTIOMETRIC SURFACE
WEST BEECHER ST
CROSS-SECTION
HORIZONTAL SCALE 1" = 30'
VERTICAL SCALE 1" = 10'
SAND
B - BENZENE
T - TOLUENE
E - ETHYLBENZENE
X - XYLENE
MTBE - METHYL TERTIARY BUTYL ETHER
124TMB - T,2,4 TRIMETHYLBENZENE
135TMB - 1,3,5 TRIMETHYLBENZENE
N - NAPHTHALENE
2MN - 2 METHYLNAPHTHALENE
VOCs - VOLATILE ORGANIC COMPOUNDS
NOTES:
1. GOUNDWATER SAMPLE CONCENTRATIONS ARE IN
MICROGRAMS PER LITER.
2. SOIL SAMPLE CONCENTRATIONS ARE IN
MICROGRAMS PER KILOGRAM.
COMPOUNDS LEGEND
MW-19
AP
PR
OX
P
RO
P LIN
E
MW-8 MW-9
MW-10 MW-12
AP
PR
OX
P
RO
P LIN
E
RO
W LIN
E
C/L W
B
EE
CH
ER
S
T
SURFACE GRADE
-10 -10
10 10
-20 -20
-30 -30
SURFACE GRADE
E.O.B
E.O.B
E.O.B
E.O.B E.O.B
SAND
SAND
SAND
SAND
SAND
CLAY
CLAY
CLAY
CLAY
CLAY
8" WATER
12" SANITARY
12" STORM
MW-19 @ 16-21'
12/2/10
ALL VOCs - ND
3/29/11
ALL VOCs - ND
6/13/11
ALL VOCs - ND
8/29/11
ALL VOCs - ND
MW-8 @ 13-18'
12/2/10
B - 180
T - 3.6
E - 490
X - 598
MTBE - 50
124TMB - 210
135TMB - 51
N - 73
2-MN - 24
3/29/11
B - 160
T - 9.7
E - 950
X - 1,819
MTBE - 40
124TMB - 600
135TMB - 100
N - 100
2-MN - 32
6/13/11
B - 220
T - ND
E - 1,050
X - 1,850
MTBE - ND
124TMB - 600
135TMB - 70
N - 20
2-MN - 110
8/29/11
B - 210
T - ND
E - 906
X - 1,660
MTBE - ND
124TMB - 460
135TMB - 60
N - 100
2-MN - ND
MW-8 @ 13-18' MW-8 @ 13-18' MW-8 @ 13-18'
MW-9 @ 14-19'
12/2/10
ALL VOCs - ND
MW-10 @ 15-25'
12/2/10
B - 130
T - ND
E - 110
X - 201
MTBE - ND
124TMB - 600
135TMB - 90
N - 86
2-MN - 22
3/29/11
B - 150
T - ND
E - 110
X - 210
MTBE - ND
124TMB - 600
135TMB - 90
N - 81
2-MN - ND
6/13/11
B - 140
T - ND
E - 90
X - 170
MTBE - ND
124TMB - 420
135TMB - 50
N - 60
2-MN - ND
8/29/11
B - 68
T - ND
E - 61
X - 75
MTBE - ND
124TMB - 351
135TMB - 49
N - 60
2-MN - 10
MW-10 @ 15-25' MW-10 @ 15-25' MW-10 @ 15-25'
MW-12 @ 16-21'
12/2/10
ALL VOCs - ND
3/29/11
ALL VOCs - ND
6/13/11
ALL VOCs - ND
8/29/11
ALL VOCs - ND
CANOPY
CONVENIENCE
STORE
SAND
MW-19 MW-8 MW-9
MW-10 MW-12
CLAY
SB-15/ SB-4/ SB-5/
SB-6/ SB-8/
CVS-34 CVS-33
CVS-33 @ 3'
5/6/09
ALL VOCs - ND
Pb - 13,000
CVS-34 @ 3'
5/6/09
ALL VOCs - ND
Pb - 17,000
SB-4 @ 12-14'
6/22/09
B - 290
T - 270
E - 870
SB-4 @ 18-20'
6/22/09
ALL VOCs - ND
Pb - 5,600
X - 4,400
124TMB - 1,200
135TMB - 220
Pb - 150,000
SB-5 @ 12-14'
6/23/09
ALL VOCs - ND
Pb - 15,000
SB-5 @ 18-20'
6/22/09
ALL VOCs - ND
Pb - 6,400
SB-6 @ 8-10'
6/23/09
E - 98
X - 3,500
124TMB - 3,400
SB-6 @ 16-18'
6/22/09
ALL VOCs - ND
Pb - 4,500
Pb - 16,000
SB-8 @ 8-10'
6/24/09
ALL VOCs - ND
Pb - 16,000
SB-8 @ 16-18'
6/24/09
ALL VOCs - ND
Pb - 9,100
SB-15 @ 14-16'
8/18/09
ALL VOCs - ND
Pb - 2,000
SB-15 @ 24-28'
8/18/09
ALL VOCs - ND
Pb - 1,200
SYMBOLS LEGEND
ESTIMATED EXTENT OF GROUNDWATER
CONTAMINANT PLUME
ESTIMATED EXTENT OF SOIL CONTAMINATION
FIG
UR
E 2
date drawn:
2/17/14
revised:
drawn by:
JWL
project mgr:
Not a legal survey
AD
RIA
N S
HE
LL
711 M
AIN
S
T
AD
RIA
N, M
IC
HIG
AN
GJ
3/27/14
SN
August 4, 2014 R14-093
RE: ENGINEERING/ATTORNEY –AGREEMENT AUTHORIZATION
RESOLUTION WHEREAS, Walters-Dimmick owns and operates the Adrian Shell station located at 711 S. Main Street. A confirmed release of petroleum products on the property was reported to the Michigan Department of Environmental quality (MDEQ) in 2009; and WHEREAS, lab test results reveal the presence of chemicals typically found in gasoline in samples from groundwater along the northern portion of the Property; and WHEREAS, It is inferred that soil and/or groundwater contamination has migrated into, or could potentially migrate into the West Beecher Street right-of-way; and
WHEREAS, Walter-Dimmick has hired Marshall Associates to draft an agreement between the City of Adrian and Walter-Dimmick as a requirement of a corrective action plan placed on them by the MDEQ; and
WHEREAS, the City Attorney and the Director of Parks & Engineering Services have
negotiated terms and conditions of said Agreement with the preparer of the attached document to protect the City’s best interest; and
WHEREAS, the City Attorney and the Director of Parks & Engineering Services have
negotiated terms that protect the City’s best interest and recommend entering into the agreement with Walters-Dimmick; and
WHEREAS, the City Attorney and the Director of Parks & Engineering Services
recommend the City Commission grant authorization to the City Mayor to sign the attached document to enter into Agreement; and
NOW, THEREFORE BE IT RESOLVED, that the Adrian City Commission, by this
resolution, hereby grants authorization to the Mayor for signature to enter into Agreement with Walters-Dimmick;
On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a
________________ vote.
M E M O______________________________________ DATE: July 31, 2014 TO: Honorable Mayor and City Commission FROM: Shane A. Horn, City Administrator SUBJECT: DPW LED Lighting Project The Director of Parks & Forestry has received a quote from GUSCO Energy to remove our high pressure sodium bay lights at our DPW garage and replace with LED lighting. GUSCO Energy has completed an application with Consumers Energy that includes a rebate of $1,696.60 for this project. We have utilized GUSCO on other similar projects on city buildings and lighting projects and have been pleased with their level of performance and service. The City’s portion of this project after the rebate would be $9,650.40 The City Charter allows the bid process to be waived when it is determined that no advantage to the City would result in obtaining additional quotes. I, therefore, urge your favorable consideration authorizing GUSCO Energy of Toledo, OH to perform this lighting upgrade at our DPW facility on Race Street in the amount of $9,650.40 and that the bid process be waived. Respectfully submitted, Shane A. Horn City Administrator
July 30, 2014 MEMORANDUM TO: Shane Horn, City Administrator Cc: Cindy Prue, Finance Director FROM: Todd Brown, Director of Parks & Engineering Services SUBJECT: DPW LED Lighting Project
GUSCO Energy has completed an application through Consumers Energy and have proposed to complete an LED lighting project at the DPW facility to replace old lights in the large garage area. The application through Consumers Energy has awarded the City with a rebate for this project in the amount of $1,696.60 for energy efficiency. The total cost of this project is estimated at $11,347.00, however, the City’s portion after rebate would be $9,650.40. I recommend awarding contract to GUSCO in the amount of $9,650.40 to move forward with this project.
::::• GUSCO ENERGY
Kenneth W. Johnson
June 25111
, 2014
Mr. Todd J Brown
Project Manager
Engineering and Utilities
The City of Adrian
Adrian, Mi. 49221
The total project cost for the LED lighting project for the department of Public Works facility is $11,347. After
completing the Consumers Energy application your rebate was calculated to be $1,696.60. We have requested
that the incentive check be sent to us and we would invoice you for the original amount of the job minus the
incentive amount to us which would be $9,650.40. The rebate should be very close to the amount calculated
and our final invoice to the city will be $9,650.40.
General Manager
GUSCO Energy
7825 W. Central Ave
Toledo, Ohio 43617
419-469-6790
August 4, 2014 R14-094
RE: ENGINEERING– DPW LED LIGHTING PROJECT
RESOLUTION
WHEREAS, the City of Adrian Engineering Department solicited a sole source price for design and build services and LED lighting upgrade project; and
WHEREAS, a proposal meeting the criteria as solicited by the Engineering
Department, was received from GUSCO Energy of Toledo, OH who have successfully completed many projects of this capacity; and
WHEREAS, GUSCO Energy through a Consumers Energy application has captured a
rebate for the City in the amount of $1,696.40 if this project is approved; and WHEREAS, the total cost of this project is estimated at $11,347.00, however, the
City’s portion after rebate would be $9,650.40; and WHEREAS, the Finance Director indicates that the following budget amendment be
made for this service: REVENUE: 663-000.00-697.000 Prior Years Revenue $9,650.40 EXPENDITURE: 663-441.00-975.000 Capital Improvements $9,650.40
NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby authorizes the waiving of bids and acceptance of the sole source price from GUSCO Energy of Toledo, OH for engagement in the City’s Standard Professional services Contract at a cost not to exceed $9,650.40 to complete the work for the DPW LED Lighting Project.
On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a
________________ vote.
MEMO______________________________________________________ DATE: 8/1/14 TO: MAYOR, CITY COMMISSION FROM: SARAH OSBURN, CITY ATTORNEY Re: Revised resolution for charter amendment and ballot proposal for
millage renewal for local street improvements On July 21, 2014 the City Commission adopted resolution 14-092, Ballot Proposal for Millage Renewal for Local Street Improvements. As renewing the millage requires a charter amendment, the amendment and ballot language must be approved by the Attorney General’s office and the Governor’s office before it can be placed on the ballot. The City Clerk submitted resolution 14-092 as required. The Attorney General’s office is requiring some changes before it will recommend approval. The revisions are to ensure that we have consistent language in the charter amendment and in the ballot language. Further, we have to be under the 100 word limit. The one change that you might question is the removal of the word “renewal” from the purpose section as well as from the ballot language. The Attorney General’s office is requiring that we use the word “replacement” instead. They are requiring this change because the previous charter amendment was for 1 mill, and, as we will not be levying 1 mill, the new amendment is not a renewal. According to the Attorney General’s office it is instead a replacement. We are replacing 1 mill with 0.9746 mill. We have received preliminary approval for the revised resolution so once we submit the certified resolution, approval should be expedited. This will allow us to meet the August 12, 2014 ballot language deadline. If any changes are made to the resolution, we will have to start the process over again and most likely will not be able to meet the deadline. If you have any questions regarding this matter please give me a call.
R14-095 August 4, 2014 RE: ADMINISTRATION – Amended Ballot Proposal for Millage Renewal for Local
Street Improvements
RESOLUTION
WHEREAS, the Adrian City Commission, on January 2, 1996, unanimously authorized a ballot proposal to establish a one (1.000) mill tax levy for a period of ten (10) years to pay the costs of public improvements, including local street improvements; and WHEREAS, the electors approved the aforementioned ballot proposal resulting in $5.0 million of local street improvements during the subsequent decade, including reconstruction and resurfacing of almost twenty miles (20) of the forty-four (44) mile local street system; and WHEREAS, the aforesaid millage was renewed for a 10-year period in November of 2005 resulting in an additional $4.7 million of local street improvements during this decade, including reconstruction and resurfacing of almost fourteen (14) miles of local streets; and WHEREAS, the local street millage expires in 2015 and the Parks & Engineering Services Director and the City Administrator recommend action be taken under the authority of Public Act 279 of 1909, as amended, to renew the one mill public improvement millage for an additional ten years in order to provide the resources necessary to continue the systematic reconstruction and resurfacing of local streets. NOW, THEREFORE, BE IT RESOLVED that the City Commission, under the Authority of Public Act 279 of 1909, as amended, hereby proposes that Section 9.1 of the Charter of the City of Adrian shall be amended, effective with the City election to be held November 4, 2014, to read as follows:
Section 9.1. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond charter tax limitations, an annual ad valorem shall not exceed one and one-half percent of the assessed value of all real and personal property subject to taxation in the city; provided however, the annual ad valorem tax levy shall be increased by one-tenth of one percent (0.001%) of the assessed value of all real and personal property subject to taxation in the city for a period of ten years from 1996 through 2005 to pay the costs of capital improvements, including local street improvements. Provided, however, the annual ad valorem tax levy shall be increased by one-tenth of (.1%) percent of the value of all real and personal property subject to taxation in the city for a period of ten years from 2006 through 2015 to pay the costs of capital improvements, including local street improvements. Provided, further, the annual ad valorem tax levy shall be increased by .09746 of one percent (0.9746 mill) of the assessed value of all real and personal property subject to taxation in the city for a period of ten years from 2016 through 2025 to pay the costs of capital improvements, including local street improvements.
BE IT, FURTHER RESOLVED that the purpose of the proposed amendment of Section 9.1 is as follows:
A proposal to amend Section 9.1 of the Charter of the City of Adrian to authorize 0.9746 mill for a period of ten (10) years to provide funds to pay the costs of public improvements, including local street improvements, thereby replacing the current authorization for levy of 1 mill for these purposes during the years from 2006 through 2015.
BE IT, FURTHER, RESOLVED that the City Clerk shall forthwith transmit copies of the proposed amendments to Section 9.1 of the Governor of the State of Michigan for approval, and transmit a copy of the foregoing statements of purpose of the proposed amendments to the Attorney General of the State of Michigan for approval, as required by law. BE IT, FURTHER, RESOLVED that the proposed charter amendment to Section 9.1 shall be, and the same is hereby ordered to be submitted to the qualified electors of the City of Adrian at the regularly scheduled City election to be held on the fourth day of November, 2014, and the City Clerk is hereby directed to give notice of the election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit the charter amendment to the vote of the electors as required by law. BE IT, FURTHER, RESOLVED that the proposed amendment to Section 9.1 shall be submitted to the electors in the following form:
PROPOSED REPLACEMENT OF THE PREVIOUSLY APPROVED ADDITION TO SECTION 9.1 OF THE CHARTER OF THE CITY OF ADRIAN.
Shall the Charter of the City of Adrian be amended for purposes of paying the costs of public improvements, including local street improvements, to authorize the levy and collection of 0.9746 mill ($0.9746 per $1,000) of taxable value per year for ten (10) years, beginning in 2016, replacing the current 1 mill which was adopted for the period of 2006 through 2015? If approved, it is estimated that 0.9746 mill would raise approximately $355,000 when first levied in 2016. Shall the proposed amendment be adopted? ( ) YES ( ) NO
BE IT, FURTHER, RESOLVED that the proposed amendment shall be published in full, together with the existing charter provisions altered or abrogated, thereby, as part of the notice of election. BE IT, FURTHER, RESOLVED that the canvas and determination of the votes of said question shall be made in accordance with the laws of the State of Michigan and the Charter of the City of Adrian. On motion by Commissioner _____________________, seconded by Commissioner
_________________________, this resolution was adopted by a __________________
vote.
MEMORANDUM – UTILITIES DEPARTMENT
DATE: July 30, 2014 TO: Shane Horn, City Administrator FROM: William Sadler, Utilities Director SUBJECT: Maumee St. Generator & ATS Sealed bids were received by the purchasing department on Tuesday July 29, 2014 at 2:00 pm for the purchase of a stand-by generator and automatic transfer switch to be used at the Maumee St. lift-station. It has been our goal over the past few years to provide each of our major lift-stations with stand-by back-up generators and automatic transfer switches. Maumee St. station is the last of the major lift-stations to require such a generator. In the past, we have relied on a portable generator to be taken to the site during power outages. This procedure often requires after hour call-ins of staff and potentially lengthy delays in restoring power. With this new generator and automatic transfer switch, power is restored to the lift-station within seconds. We will keep the current portable generator as it can be used as a back-up to all the lift-stations that currently have stand-by generators in case there is a failure at one of the sites. I respectfully recommend that we proceed with the purchase of this generator and automatic transfer switch and award the bid to the low bidder that met all specifications, Superior Industrial Sales of Jackson, MI for a total price of $29,947.50. Funds for this purchase are budgeted in the FY2014-2015 Waste Water Plant Capital Budget (497-554.00-977.570).
R14- 096 August 4, 2014 RE: UTILITIES DEPARTMENT – Wastewater Plant – Authorization to
Purchase New Backup Generator and Automatic Transfer Switch for the Maumee Street Lift Station
RESOLUTION
WHEREAS the FY2014-15 Budget includes $45,000 (Account No. 497-554.00-977.570) to purchase a Lift Station Generator and Automatic Transfer Switch; and
WHEREAS on Tuesday, July 29, 2014 the Purchasing Office received four (4) bids for the aforementioned backup generator and automatic transfer switch with the following results:
Vendor Location Generator ATS Total Superior Industrial Sales Jackson, MI $25,547.50 $4,400.00 $29,947.50 GenPower Products Wixom, MI $26,847.90 $4,898.55 $31,746.45 Leete Generators Santa Rosa, CA $27,463.00 $2,906.35 $30,369.35 Stand By Power Fairhaven, MI $28,890.00 $1,760.00 $30,650.00;
WHEREAS the Utilities Director and City Administrator recommend selection of the lowest qualified bidder that met all specifications, Superior Industrial Sales of Jackson, MI, for purposes of acquiring a new backup generator and automatic transfer switch to be used at the Maumee Street Lift Station at a cost not to exceed $29,947.50; and
WHEREAS the Finance Director indicates that funds are available for this
purpose in the Wastewater Capital Project Fund (497-554.00-977.570).
NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby authorizes the purchase of a new generator and automatic transfer switch from the lowest qualified bidder that met all specifications, Superior Industrial Sales of Jackson, MI at a cost not to exceed $29,947.50.
On motion by Commissioner ____________________________, Seconded by Commissioner ________________________________, this Resolution was adopted by a __________________ vote.
MEMORANDUM – UTILITIES DEPARTMENT
DATE: July 30, 2014 TO: Shane Horn, City Administrator FROM: William Sadler, Utilities Director SUBJECT: Broad St. Washer/Compactor Sealed bids were received by the purchasing department on Tuesday July 29, 2014 at 2:00 pm for the purchase of a washer/compactor to be used at the Broad St. lift-station. Broad St. lift-station is our largest lift-station and collects a large amount of rags, trash, and other debris with two flex-rakes that are submerged in the water. These rakes operate 24 hours per day and deposit the rags and trash onto tables. These tables are then manually cleaned several times per week by shoveling the rags into large garbage containers. The containers are then carried to another building to be deposited in a dumpster. This process is time consuming and poses many safety hazards to our employees. This washer/compactor will actually “wash” the rags, squeeze the water out, compact them and then deposit them into the dumpster through a screw conveyor and custom chute. This will improve operations at the site, drastically reduce the number of times our dumpster will need to be dumped, and will provide a safer environment for our employees. I respectfully recommend that we proceed with the purchase of this washer/compactor and award the bid to the low bidder, Duperon Corporation of Saginaw, MI for a total price of $59,000.00. Funds for this purchase are budgeted in the FY2014-2015 Waste Water Plant Capital Budget (497-554.00-977.594).
R14- 097 August 4, 2014 RE: UTILITIES DEPARTMENT – Wastewater Plant – Authorization to
Purchase Washer/Compactor for the Broad Street Lift Station
RESOLUTION
WHEREAS the FY2014-15 Budget includes $70,000 (Account No. 497-554.00-977.594) to purchase a Washer/Compactor for the Broad St. Liftstation; and
WHEREAS on Tuesday, July 29, 2014 the Purchasing Office received two (2) bids for the aforementioned washer/compactor with the following results:
Vendor Location Washer/Compactor Controls Total Duperon Corporation Saginaw, MI $50,100.00 $8,900.00 $59,000.00 JWC Environmental Costa Mesa, CA $76,242.00;
WHEREAS the Utilities Director and City Administrator recommend selection of the lowest qualified bidder that met all specifications, Duperon Corporation of Saginaw, MI, for purposes of acquiring a washer/compactor to be used at the Broad Street Lift Station at a cost not to exceed $59,000.00; and
WHEREAS the Finance Director indicates that funds are available for this
purpose in the Wastewater Capital Project Fund (497-554.00-977.594).
NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby authorizes the purchase of a washer/compactor from the lowest qualified bidder, Duperon Corporation of Saginaw, MI at a cost not to exceed $59,000.00.
On motion by Commissioner ____________________________, Seconded by Commissioner ________________________________, this Resolution was adopted by a __________________ vote.
July 30, 2014 MEMORANDUM TO: Shane Horn, City Administrator FROM: Cindy L. Prue, Finance Director Paul G. Trinka, Fire Chief SUBJECT: HVAC System – Fire Station
Sealed bids were received until 2:00 p.m. on July 29, 2014 for the purchase and installation of a new HVAC system at the Fire Station. The system currently in place is original to the building and has passed its expected useful life. Over the past heating season, the system malfunctioned at least half a dozen times, leaving the employees who work there very uncomfortable. With each breakdown Adrian Mechanical had to search for parts to keep the system going. Our present service provider and the Fire Chief are of the opinion the system needs to be replaced, along with some modifications, to make the new system more efficient.
That being said, we urge the approval of the bid to replace the system. With this approval, the system should be able to be installed and working by the end of September, hopefully before the heating season begins.
There are sufficient funds in the Building Maintenance Fund to cover this expenditure.
_________________________________________________________________________________ & ASSOCIATES, INC. 4620 WYMAN ROAD •TIPTON, MICHIGAN 49287
MEMO DATE: July 30, 2014 TO: Cindy Prue RE: Adrian Fire Station Low Bidder Interview FROM: Vernon E. Fry, P.E. MEMO PURPOSE: Comments, evaluations and recommendations resulting from my interview of Mr. Christian Freshour of Thompson Plumbing & Heating, Inc. SUMMARY OF INTERVIEW: I contacted Mr. Freshour this morning and he willingly agreed to meet and complete the “Pre-contract Award Review” form that I had prepared to evaluate the low bidder(s). He verbally confirmed that Addendum #3 had been received and was included. The following comments evolved from that interview and a copy of the completed form is attached for your reference. Item 1. Thompson P & H has completed, or is currently contracting, multiple projects of various magnitude. The listed projects, plus a detailed discussion with Mr. Freshour, concludes that the firm is well capable of performing this project’s requirements. Item 2. Due to the immediacy of the interview, references will be provided upon our request. Due to the need of a recommendation by tomorrow AM, time does not allow contact with references. Item 3. The proposed crew size and trade mixture is consistent with my evaluation of the project requirements.
PHONE 517-431-4836 • FAX 517-431-4836 • EMAIL [email protected]
PHONE 517-431-4836 • FAX 517-431-4836 • EMAIL [email protected]
2 Item 4. Mr. Freshour’s written answer, supplemented with a detailed discussion, indicates that the proposed crew levels, equipment delivery schedules and work procedures will result in the new system being operable by October 1, 2014. Although some commissioning functions may extend beyond that date, these are only fine-tuning issues and the system will provide the comfort conditions necessary. Item 5. The listed manufacturer’s are consistent with the specified manufacturer’s. Item 6. The listed Sub-Contractors are all qualified firms and capable of performing all requirements for this project. Item 7. Due to the immediacy of the interview, a more detailed schedule of values will be provided in the AIA G703, or equal, document. Mr. Freshour did indicate the value of the major categories as listed. CONCLUSIONS & RECOMMENDATIONS: It is my opinion that Thompson Plumbing & Heating, Inc. has successfully performed multiple projects of similar, and larger, scope. The interview process concluded that Mr. Freshour was very familiar with this project’s requirements and had properly provided for the successful, and timely, completion of the work in compliance with the Contract Documents. The only concern that I feel must be noted would be the importance of expediency in issuing a Contract, or Letter of Intent, that authorizes the Contractor to place equipment orders immediately. The delivery schedule for the HVAC equipment is six(6) weeks from approval of shop drawings. V. F. & Associates will expedite review and approval of all shop drawings to eliminate any delay in that process. It is my recommendation that a Contract be entered into with Thompson Plumbing & Heating, Inc. for the Adrian Fire Station, Mechanical Systems Revisions. The Base Bid work scope bid amount is $118,570.00. The Alternate N-1 work scope is not mandatory, but it will greatly enhance the comfort control and energy efficiency of the facility. If this Alternate is accepted, an additional sum of $3,770.00 will be required. Respectfully submitted, V. F. & Associates, Inc. Vernon E. Fry, P.E.
2
5. LIST OF THE MANUFACTURER OF ALL EQUIPMENT PROPOSED FOR INSTALLATION IN THIS PROJECT.
~oiL-e£ - LOC///Nt-'4~
fl«m/7 - .4£m -7r4~?V6,
Nt/nc tt;u/l'- r.eA.NL f:-0/ll~~fr/O..V F/'1/V -. T/30
6. LIST OF ALL SUB-CONTRACTOR FIRMS PROPOSED FOR USE ON THIS PROJECT.
/J.4L-/<1/l/C!N(; - £./t/1/112~ -/.7//Z€.
IM~e-A.rto-N'- C6mm&~cl/.lL //I/7M.?~T/(//V
f'I/~Er MIEr/.1-L - ~?LF /?6£Fc?R?n.£.c>
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CC9/'V"f'/ZO~tf - C~A/7/ZOL ?Y7TG.n, ~ o..,C 0#/t?
7. BASE BID AMOUNT BREAKDOWN INTO THE PROPOSED SCHEDULE OF VALUES TO BE USED IN THE AlA G703, OR EQUAL, DOCUMENT.
t. /.1~~/oi!.. I ~ 1 I ~C) ' lt1r~--rr.el/.1t.. f o, t.t ~ o
f._& tA- I/' #?.t;o/1/T i( '2-. 5> (9<!} 0
7h/)C:O/I/T~/1-CTCM(f ff 70i /()0
ADRIAN FIRE STATION- MECHANICAL SYSTEMS REVISIONS
PRE-CONTRACT AWARD REVIEW
CONTRACTOR SHALL BE PREPARED TO DISCUSS AND/OR PRESENT THE FOLLOWING:
1. LIST OF RECENT COMPLETED PROJECTS SIMILAR IN SIZE AND WORK SCOPE.
/IUIJ~tJ/1/ 5C#OtX-7 -;- Ht/r-IC £/EPC/1-CtEA-?/.1?/Vr-c ;;y ~ H/.J/21.4-v - h.rJv-rP #1//k hA::;:.,q4-o65" L, /, ~/J. -lfi/.4C Je.G.J7~hCCM6/"V'T.f
A40VG Ct?Tvm;.,.cr? ~-v6G /=Rt77'h fW1tJ~tJ 70 /, 5 /!7}/, 2. LIST OF OWNER REFERENCES ASSOCIATED WITH THE ABOVE PROJECTS.
tv;t..L P;rdv/1:1/E u/t?rv ££-tRt<.G?"r-
3. BRIEF WRITTEN NARRATIVE OF CREW SIZE, TRADE MECHANIC($) MIXTURE AND PROJECT WORK SCOPE PROCESS FOR THIS PROJECT.
LA-/!t91'.2 Fo,I2CG tv"/LL /A/CLtfi:Jc (2) )0UR/J/G)'?n,t1/i/
f"#e,£(/?1-G.rP:,L rvo~~ "'fK/.::l (z) j()URM£7/17/-l/1/
fJ!P.G F/TT6R5,
4. NARRATIVE OR BAR GRAPH INDICATING START & COMPLETION DATES FOR MAJOR SUB-DIVISIONS OF THE WORK SCOPE.
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R14-098 August 4, 2014 RE: FIRE DEPARTMENT – REPLACEMENT OF FIRE STATION HVAC SYSTEM
RESOLUTION
WHEREAS the Fire Department, in conjunction with the City of Adrian Purchasing Office, solicited and received bids on Tuesday, July 29, 2014 for the replacement of the Fire Station HVAC System; and
WHEREAS four (4) bidders responded with the following results:
BASE BID ALT N-1 Thompson Heating & Plumb Petersburg, MI
$ 118,570.00 $ 3,770.00
Adrian Mechanical Adrian, MI
$ 140,350.00 $ 3,780.00
Paul Bengel Co. Jackson, MI
$ 149,000.00 $ 4,200.00
Dunbar Mechanical Toledo, OH
$ 198,839.00 $ 5,159.00
; and WHEREAS, the Fire Chief recommends the HVAC System at the Fire Station be
replaced, and WHEREAS the Finance Director indicates that sufficient funds are available for this
purpose in the following Building Maintenance Fund for FY2014-15 with the following budget amendment:
REVENUE: 663-000.00-697.000 Prior Year Revenue $122,340.00 EXPENDITURE: 663-336.00-975.000 Capital Improvements $122,340.00 NOW THEREFORE BE IT RESOLVED that the Fire Chief and the City Administrator
recommend acceptance of the low bid and engagement of Thompson Heating & Plumbing, Petersburg, MI in the City’s Standard Professional Services Contract for the replacement of the HVAC System at the Fire Station at a cost not to exceed $122,340.00.
On motion by Commissioner _________________________, seconded by Commissioner
_________________________________, this resolution was adopted by a _______vote.