Official proceedings of the January 17, 2012 regular meeting of the City Commission, Adrian, Michigan.
The regular meeting was opened with a moment of silence and the Pledge of Allegiance to the Flag.
PRESENT: Mayor DuMars, Commissioners Carrico, Jacobson, Gallatin, Faulhaber, and Berryman Adams.
ABSENT: Commissioner Warren
Mayor DuMars in the Chair.
Commissioner Faulhaber motioned to excuse Commissioner Warren; seconded by Commissioner Carrico, motion carried by a unanimous vote.
Commissioner Berryman Adams moved to approve the minutes of the January 3, 2012 regular meeting of the Adrian City Commission, seconded by Commissioner Jacobson, motion carried by a unanimous vote.
PRESENTATION OF ACCOUNTS
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Utility Department Receiving Fund
Voucher #3565 through #3570
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$81, 768.44
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General Fund
Vouchers #20790 through #20799
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$210,034.67
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Clearing Account Vouchers
amounting to
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$336,092.04
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TOTAL EXPENDITURES
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$627,895.15
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On motion by Commissioner Faulhaber, seconded by Commissioner Carrico, this resolution was adopted by a unanimous vote.
PUBLIC COMMENT
There were no public comments.
REGULAR AGENDA
RESOLUTIONS
RESOLUTION R12-003
RE: ENGINEERING DEPT. – Abandonment of Alley Access between E. Maple St. and E. Front St. between 300 N. Main St. and 123 E. Front St./124 E. Maple Ave.
WHEREAS, during the paving of alleys around the City of Adrian several alleys were discovered that were platted but no longer function as alleys; and
WHEREAS, the City Administrator and City Engineer have determined that it would not negatively impact the city to vacate this alley as it is an unmaintained alley and does not receive funds from Act 51.
NOW, THEREFORE, BE IT RESOLVED that the City Commission finds and determines it is in the best interest of the City to abandon this alley described as follows:
City of Adrian, Lenawee County, Michigan, Assessor’s Plat No. 1 and the Original Plat, COMMENCING at the Northwest corner of Lot 1 Blk 2, thence South 63° 46’ East 204.00 feet to the Northwest corner of the alley, thence South 63° 46’ East 20.00 feet, thence South 26° 19’ West 149.00 feet, thence North 63° 46’ West 20.00 feet, thence North 26° 19’ East 149.00 feet returning to the Northwest corner of the alley.
and; be it
FURTHER RESOLVED, that the City Commission will meet in the City Chambers, at 159 E. Maumee St., Adrian, MI, on Monday, February 20, 2012, at 7:00p.m. for the purpose of hearing and considering comments to abandoning the alley as described above.
Commissioner Gallatin asked who would take care of the abandoned property; Administrator Nelson said that the property is evenly divided between the properties adjacent to the alley.
On motion by Commissioner Carrico, seconded by Commissioner Berryman Adams, this resolution was adopted by a unanimous vote.
RESOLUTION R12-004
RE: ENGINEERING DEPT. – Abandonment of alley abutting properties on Terrace Ave., University Ave. and W. Maumee St.
WHEREAS, during the paving of alleys around the City of Adrian several alleys were discovered that were platted but no longer function as alleys; and
WHEREAS, the City Administrator and City Engineer have determined that it would not negatively impact the city to vacate this alley as it is an unmaintained alley and does not receive funds from Act 51.
NOW, THEREFORE, BE IT RESOLVED that the City Commission finds and determines it is in the best interest of the City to abandon this alley with provisions for a storm water utility access easement described as follows:
City of Adrian, Lenawee County, Michigan, Plat of College Terrace, COMMENCING at the Easternmost corner of Lot 1, thence North 55° 46’ 55” West 224.78 feet along the North line of Lots 1 and part of Lot 2, thence North 88° 02’ 28” West 288.60 feet along the North line of part of Lot 2 and Lots 3 through 7 to the Northwest corner of Lot 7, thence North 00° 26’ 56” East 16.00 feet to the Southwest corner of Lot 28, thence South 88° 02’ 28” East along the South line of Lots 28 through 23, thence South 55° 46’ 55” East along the Southwest line Lots 22 through 18 and 25 feet along the Southwest line of Lot 17, thence North 87° 58’ 41” West to the Point of Beginning.
The City of Adrian shall have the right to enter and be upon said premises for the purpose of repairing or maintaining the storm sewer located thereon when in its judgment the said storm sewer requires any such maintenance or repair.
Whenever repairs or maintenance of the said storm sewer is required, access thereto shall be obtained outside the said premises if possible. If not possible to obtain access outside of said premises, then access may be gained thereto on said premises. Whenever entry shall be required, the City shall restore the premises to their condition prior to entry.
As part of this vacating of the above named alley, no building shall be constructed on or over the above storm sewer line or within 10’ each side of the center of the pipe.
and; be it
FURTHER RESOLVED, that the City Commission will meet in the City Chambers, at 159 E. Maumee St., Adrian, MI, on Monday, February 20, 2012, at 7:00p.m. for the purpose of hearing and considering comments to abandoning the alley as described above.
Commissioner Gallatin asked what would happen if any of the adjacent residents did not want the extra property; Administrator Nelson stated that it could be given to another adjacent property.
On motion by Commissioner Berryman Adams, seconded by Commissioner Carrico, this resolution was adopted by a unanimous vote.
RESOLUTION 12-005
RE: Resolution to give the City Administrator authority to enter into agreements with licensed real estate agents
WHEREAS, the City of Adrian is the owner of numerous parcels of real estate; and
WHEREAS, from time to time, inquiries are received by the City Administrator from licensed real estate agents as to whether or not a commission would be paid by the City in the event an offer for the purchase of a city owned parcel is submitted and accepted by the City; and
WHEREAS, there is no current policy in place for the City Administrator to respond to such requests, causing delay and uncertainty for a prospective purchaser and real estate agents.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Administrator is authorized to enter into agency, one-time listing agreements, and exclusive listing agreements with licensed real estate agents with commissions not to exceed 5% of a sales price, provided that all sales agreements must be approved by the City Commission and a closing must occur before payment of a commission is tendered.
Mayor DuMars staetd that there was a change recommended to the proposed resolution and that was to remove the wording “not to exceed 5% of the sale price”. The resolution was adopted with this change in wording.
On motion by Commissioner Gallatin, seconded by Commissioner Faulhaber, this resolution was adopted by a unanimous vote.
RESOLUTION 12-006
RE: DOWNTOWN DEVELOPMENT AUTHORITY – Resolution to accept the bid for repairs to 101-109 E. Maumee Street
WHEREAS, the Adrian City Commission, on December 5, 2011 via resolution R11-145 authorized the expenditure of up to $40,000 of the DDA Undesignated Fund Balance for the repair of the roof and board windows to prevent further water damage to 101-109 E. Maumee; and
WHEREAS, per Public Act 197 of 1975, the DDA is a corporate entity of the City of Adrian and, therefore, is subject to the direction of the Adrian City Commission; and
WHEREAS, the City of Adrian Purchasing Office received sealed bids on Thursday, January 5, 2012 for work to secure the buildings at 101 and 109 E. Maumee Street; and
WHEREAS, only one bid was received, from A. J. Baylon Construction, of Adrian, Michigan for the amounts of $15,423 to repair 101 E. Maumee Street, and $24,576 to repair 109 E. Maumee Street, for a total bid of $39,999; and
WHEREAS, the DDA Board and City Administrator recommend that the bid be awarded to A. J. Baylon Construction of Adrian, Michigan; and
WHEREAS, the Finance Director has indicated funds are available in the DDA Undesignated Fund Balance (281-290.00-975.000).
NOW THEREFORE, BE IT RESOLVED that the Adrian City Commission by this resolution hereby authorizes selection of the sole bidder, A. J. Baylon Construction, Adrian, Michigan and also authorizes engagement of said bidder in the City’s Standard Professional Services Contract to provide necessary improvements to downtown buildings located at 101-109 E. Maumee in order to prevent further deterioration and allow for future marketing.
On motion by Commissioner Faulhaber, seconded by Commissioner Gallatin, this resolution was adopted by a unanimous vote.
RESOLUTION 12-007
RE: DEPARTMENT OF PARKS & RECREATION – Authorization to Contract for Tree Care Services
WHEREAS, the Department of Parks & Recreation wishes to contract for tree care services, effective February 1, 2012 through December 31, 2013; and
WHEREAS, the Department of Parks & Recreation wishes to have the option of contracting for these services for one additional year if the Contractor’s performance is satisfactory, and if a mutually agreed upon rate can be established at the end of the initial contract, and
WHEREAS, the City of Adrian Purchasing Office, in conjunction with the Department of Parks & Recreation, received sealed bids on Tuesday, December 22, 2011 for tree maintenance and removal on City streets and in City parks; and
WHEREAS, twenty firms were invited to bid, with five responding as follows, for a two person aerial crew with specified equipment:
2012 Reg. 2012 Prem. 2013 Reg 2013 Prem.
Vendor Location Hrly Rate Hrly Rate Hrly Rate Hrly Rate
Nelson Tree Service Dayton, OH $93.21 $125.25 $94.99 $127.84
Wright Tree Service Des Moines, IA $95.34 $116.51 $97.68 $119.49
Trees, Inc. Kentwood, MI $99.65 $152.46 $104.63 $160.08
Quality Tree Service Kent City, MI $175.00 $350.00 $175.00 $350.00
ProCare Tree Service Byron Center, MI $188.00 $220.00 $188.00 $220.00 ;and
WHEREAS, Nelson Tree Service has the low bid for regular time but not the low bid for premium time, and based on the budgeted amount of regular tree work annually they would have the low over-all bid so long as no more than 231 hours of premium time are used, which no premium time has been used in the past two years; and
WHEREAS, the Parks & Recreation Director and City Administrator recommend selection of the low bidder, Nelson Tree Service, Dayton, OH, as the preferred bidder and engagement in the City’s Standard Professional Services Contract to provide for tree maintenance and removal on City streets and in City parks, for a contract period of twenty-three months, with a one-year extension depending on satisfactory performance; and
WHEREAS, the Finance Director indicates that funding for this proposal is available in the Fee Estate Fund (205-699.00-801.000) and the General Fund – Parks & Forestry Budget (101-697.00-801.000).
NOW THEREFORE BE IT RESOLVED, that the Adrian City Commission by this resolution hereby authorizes selection of the low bidder, Nelson Tree Service, Dayton, OH, as the preferred bidder and engagement in the City’s Standard Professional Services Contract to provide for tree maintenance and removal on City streets and in City parks for a contract period of twenty-three months, effective February 1, 2012, with a one-year extension depending on satisfactory performance.
On motion by Commissioner Carrico, seconded by Commissioner Faulhaber, this resolution was adopted by a unanimous vote.
MISCELLANEOUS
- Adrian D.A.R.T. Passenger Ridership Report
- Adrian Fire Department Monthly Report
- Departmental Report
- Oakwood Cemetery Comparison Reports
- Adrian Senior Center Activity Reports
PUBLIC COMMENTS
- Allen Kern – 1249 Vine Street – asked whether the building inspector regularly inspects downtown buildings as that they don’t get in such bad shape. Administrator Nelson stated that the City is working on a vacant building ordinance to address this situation.
COMMISSIONER COMMENTS
- Commissioner Carrico apologized for his comments at the January 3rd Commission meeting; he did not mean to insinuate that staff was neglectful in how the Joy Rd flooding issue was handled.
The next regular meeting of the Adrian City Commission will be held on Monday, February 6, 2012 at 7:00 p.m. in the City Chambers Building, 159 E. Maumee St., Adrian, MI 49221.
Greg DuMars Pat Baker
Mayor City Clerk