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City Commission

City Commission MInutes - May 6, 2013

 

MINUTES
ADRIAN CITY COMMISSION
MAY 6, 2013
7:00 P.M.
 
Official proceedings of the May 6, 2013 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 and Commissioners Gallatin, Jacobson, Faulhaber, Carrico, Warren and Berryman Adams.
 
Mayor DuMars in the Chair.
 
Commissioner Berryman Adams motioned to approve the minutes from the April 15, 2013 Commission meeting; seconded by Commissioner Jacobson, and the motion was carried by a unanimous vote.
 
PRESENTATION OF ACCOUNTS
 

Utility Department Receiving Fund
     Voucher #3774 through #3786
 
$310,360.32
 
General Fund
     Vouchers #21377 through #21419
 
$608,969.95
Clearing Account Vouchers
     amounting to
 
$397,801.67
TOTAL EXPENDITURES
$1,317,131.94

 
On motion by Commissioner Faulhaber, seconded by Commissioner Warren, this resolution was adopted by a unanimous vote.
 
PUBLIC COMMENT
 
  1. Garry Clift – 665 Stonecrest – would like an opportunity to address the new sign ordinance before it is adopted; has some concerns about it.
 
  1. Kevin Wright – Wright Signs – also asked for a chance to discuss parts of the new sign ordinance; would like to hold off on adopting it until these issues can be addressed.
 
  1. Chip Moore – 677 Stonecrest – would like to table the adoption of the sign ordinance until downtown concerns are addressed.
 
COMMUNICATIONS
 
C-1. Finance. – Senior Citizens Trust Fund – FY2012-13 Second and Third Quarter Financial Report.
 
C-2. Finance. – Third Quarter Financial Report.
 
CONSENT AGENDA
 
CR13-018
 
RE:      COMMUNITY DEVELOPMENT - Establish Commercial Rehabilitation District #3 at 506 W. Maumee
 
          WHEREAS, the State of Michigan has adopted the Commercial Rehabilitation Act, Public Act 210 of 2005, as amended; and
 
          WHEREAS, Act 210 as amended provides for creation of Commercial Rehabilitation Districts, and for review and approval of exemption request certificates; and
 
          WHEREAS, the City of Adrian has certain properties that could utilize the economic development tools in PA210 to spur investment and development of projects; and
 
          WHEREAS, city staff have identified 506 W. Maumee as a likely development site; and
 
          WHEREAS, the property number of 506 W. Maumee is as follows:
 
XAO–100–0121-00 ; and
 
 
          WHEREAS, Act 210 requires the legislative body shall give written notice by certified mail to the county in which the property is located, and to the owners of real property within the proposed rehabilitation district and shall afford an opportunity for a hearing on the establishment of the commercial rehabilitation district at which any of those owners or any other resident or taxpayer of the qualified local governmental unit may appear and be heard.
 
          NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission hereby authorizes the scheduling of a public hearing on Monday, May 20 at 7:00p.m. in the City Chambers Building, 159 E. Maumee Street, Adrian, MI to receive comments on this matter, and directs the City Clerk to provide notice to the appropriate real property owners and the public as required by Act 210.
 
CR13-019
RE:      TRANSPORTATION - Dial-A-Ride, Purchase of Dispatch Software
 
WHEREAS, the City of Adrian desires to continue provisions of Dial-A-Ride service, and,
 
WHEREAS, project authorization 2007-0156, Z10 had been proposed which granted $18,000 for the purchase of dispatch software, in conjunction with Lenawee County’s project authorization 2007-0243/Z13 which also granted $18,000 for the purchase of dispatch software, and,
 
WHEREAS, Third Party Agreement #2007-0156/Z10/S1 and 2007-0243/Z13/S1 between the City of Adrian, the Lenawee County Board of Commissioners, and Crystal Computer Support has been proposed.
 
NOW, THEREFORE, BE IT RESOLVED, that the City Commission of the City of Adrian does hereby accept the proposal of $34,155 from Crystal Computer Support with coordinating Lenawee County funds of $18,000 from 2007-0243, Z13.
 
BE IT FURTHER RESOLVED, that the equipment and funds from the project authorization be granted to the Adrian Dial-A-Ride/Lenawee Transportation in accordance with the terms of the project authorization, subject to the City Standard Professional Services Contract. 
           
CR13-020
 
RE:      HUMAN RESOURCES DEPARTMENT – Authorization to Establish a New Tier of Pension Benefit for Newly-Hired Division 02-Police Officers Association of Michigan (POAM) Employees to the Municipal Employees Retirement System (MERS)
 
          WHEREAS the City of Adrian joined the Municipal Employees Retirement System (MERS) of Michigan as a Charter Member in 1945 and is currently a member-in-good-standing that provides a secure pension program for all City employees; and
 
          WHEREAS the Compensation Component of the Governor’s Economic Vitality Incentive Program (EVIP), which generates approximately $140,000 of shared sales tax revenue to the City of Adrian, requires implementation of a modified pension benefit that would limit employer cost of a pension plan for all new hires at 10% of base salary for employees eligible for Social Security and 16.2% of base salary for employees not eligible for Social Security.; and
 
          WHEREAS MERS requires submission of a separate resolution by the City Commission authorizing the aforementioned change in benefits; and
 
          WHEREAS the MERS Pension Plan Document specifies in Section 43:
 
(1) (a) A participating municipality may elect to change the benefit programs and member contribution programs which apply to the employees of the participating municipality by an affirmative vote by a majority of the members of the participating municipality's governing body. The participating municipality shall specify the effective date of the change in coverage and the benefit programs and member contribution programs which shall apply to the employees of the participating municipality from the effective date of the change. The effective date of the change in coverage shall be the first day of a calendar month.
(2) The clerk or secretary of the municipality shall certify to the retirement system, in the manner and form prescribed by the Retirement Board, the determination of the participating municipality. The certification shall be made within 10 days after the date of the vote by the governing body.
 
WHEREAS, under the auspices of Public Act 220 of 1996 (establishing MERS as an independent retirement system), and with the settlement of their Bargaining Agreement on July 2, 2012, the Human Resources Director recommends that the City of Adrian implement a new-tier MERS Defined-Benefit Pension Program for new hires in the Police Officers Association of Michigan (POAM) Division (02). Effective immediately, the following provisions are recommended and would become linked to the current Defined Benefit Pension Program for POAM Division (02):
 
  1. Service Retirement Allowance – Benefit B-4 – 2.5% of Final Average Compensation (FAC);
  2. Eligibility for Retirement –Age Fifty (50) with twenty-five (25) or more years of service;
  3. Final Average Compensation – (FAC-3) – i.e., One-third of the aggregate amount of compensation, excluding payments for overtime, accumulated sick leave and accumulated vacation leave, paid to a member during the period of three (3) consecutive years of the member’s credited service in which the aggregate compensation paid is the highest;
  4. Member Contribution Rate – 6% - Determined by the municipality as the members contribution as a percent of annual compensation;
  5. 10-year vesting period;
  6. Maximum Years of Credited Service – All; and
 
         WHEREAS the employer contribution is initially estimated to be seven and forty-six hundredths percent (7.46%) employer contribution of the normal cost of the plan; and
 
WHEREAS the advantage of linking the newly established pension program for new-hires to the currently open Defined Benefit pension program for Division 02 employees is allowing the current program to remain open and avoidance of the accelerated amortization of the accumulated Actuarial Unfunded Liability.
 
WHEREAS the City Administrator recommends approval of this resolution.
 
          NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this resolution, authorizes the establishment of a new-tier system of pension benefits for newly hired employees in the POAM Division (02), and linked to the current Defined Benefit Pension Program for the POAM Division (02) as provided for by Public Act 220 of 1996.
 
          BE IT FURTHER RESOLVED that the revised pension program for new-hires be effective May 1, 2013 and that the following provisions be implemented:
 
  1. Service Retirement Allowance – Benefit B-4 – 2.5% of Final Average Compensation (FAC);
  2. Eligibility for Retirement – Age Fifty (50) with twenty-five (25) or more years of service;
  3. Final Average Compensation – (FAC-3) – i.e., One-third of the aggregate amount of compensation, excluding payments for overtime, accumulated sick leave and accumulated vacation leave, paid to a member during the period of three (3) consecutive years of the member’s credited service in which the aggregate compensation paid is the highest;
  4. Member Contribution Rate – 6% - Determined by the municipality as the members contribution as a percent of annual compensation;
  5. Maximum Years of Credited Service – All
 
          BE IT FURTHER RESOLVED that a certified copy this resolution be submitted to MERS, within the ten (10) day time requirement following Commission approval, to effectuate the authorized change in benefits.
 
CR13-021
 
RE:      HUMAN RESOURCES DEPARTMENT – Civil Rights Act of 1964 – Title VI Non-Discrimination Plan
 
          WHEREAS, the Civil Rights Act of 1964 (Public Law 88-352,78 Stat. 241, enacted July 2, 1964) was a landmark piece of legislation in the United States that outlawed major forms of discrimination against blacks and women, including racial segregation; and
 
          WHEREAS, Title VI (Section 601) declares it to be the policy of the United States that discrimination on the ground of race, color, or national origin shall not occur in connection with programs and activities receiving Federal financial assistance and authorizes and directs the appropriate Federal departments and agencies to take action to carry out this policy; and
 
          WHEREAS, Section 602 directs each Federal agency administering a program of Federal financial assistance by way of grant, contract, or loan to take action pursuant to rule, regulation or order of general applicability to effectuate the principle of section 601 in a manner consistent with the achievement of the objectives of the statute authorizing the assistance; and
 
          WHEREAS, in seeking the effect compliance with its requirements imposed under Section 602, an agency is authorized to terminate or to refuse to grant or to continue assistance under a program to any recipient as to whom there has been an express finding pursuant to a hearing of a failure to comply with the requirements under that program, and it may also employ any other means authorized by law. However, each agency is directed first to seek compliance with its requirements by voluntary means; and
 
          WHEREAS, in order to comply with foregoing Federal statutes and, thereby, ensure continued eligibility for Federal financial assistance (particularly from the Department of Transportation for road improvements and Dial-A-Ride operations), the City of Adrian has prepared the attached Title VI Non-Discrimination Plan; and
 
          WEHREAS, the Human Resources Director and City Administrator recommend adoption of this resolution, approving the aforementioned Title VI Non-Discrimination Plan for the City of Adrian, effective May 6, 2013, consistent with Section 601 of the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241).
 
          NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby approves the establishment of the Title VI Non-Discrimination Plan for the City of Adrian, effective May 6, 2013, consistent with Section 601 of the Civil Rights Act of 1864 (Public Law 88-352, 78 Stat. 241).
 
          BE IT FURTHER RESOLVED that, under the general direction of the City Administrator, administration of the Title VI Non-Discrimination Plan for the City of Adrian shall be the responsibility of the Human Resources Department.
 
CR13-022
 
RE:     Notice of Public Hearing – City of Adrian Utilities Department Rehabilitation/Replacement of the Brick Arch Sewers
 
          WHEREAS, the Utilities Department has received an S2 grant from the Michigan Department of Environmental Quality for planning work associated with the Rehabilitation/Replacement of the Brick Arch Sewers; and
 
          WHEREAS, the project will involve rehabilitation and/or replacement of the existing brick arch sewers in and around the downtown area that date back to the 1870’s. These brick arch sewers are the last remaining combined sewers in our collection system. The intent of the work would also be separate the storm water from the brick arches; and
 
          WHEREAS, to satisfy the requirement of the S2 grant, a public hearing is required to be set to allow the public to hear and comment on the project plan.
 
NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission hereby authorizes the scheduling of a public hearing for Monday, June 3, 2013, at 7:00 p.m. in the City Chambers Building to hear and receive comments on this matter.
 
On motion by Commissioner Berryman Adams, seconded by Commissioner Carrico, Consent Agenda resolutions CR13-018 thru CR13-022 were adopted by a unanimous vote.
 
REGULAR AGENDA
 
SPECIAL ORDERS
 
SO-1   Public hearing to hear and consider comments to the approval of a Special Assessment Roll for delinquent rental registration invoices, including a ten (10%) percent penalty for late payments.
 
          Mayor DuMars opened the public hearing and the following comments were made:
 
  1. Attorney for estate of 1361 Oregon Rd – said that this property was never rented out to anyone; only the owner’s family members lived there. Should not be on the rental list. This will be excluded from the resolution.
 
  1. Harold Schadewald – has several rental properties; asked if he paid the bills, would they be taken off the special assessment list and he was told yes.
 
     There were no further public comments so the Mayor declared the hearing closed.
 
ORDINANCES
 
Ord. 13-009. – Second reading and adoption of an ordinance to amend Article XXX of the Zoning Ordinance (Revised Sign Ordinance).
 
There was much discussion among the Commission in the pre-meeting to take more time to address the concerns about the revised sign ordinance, especially those concerns by the downtown merchants and Adrian College.
 
          Commissioner Faulhaber motioned to table the ordinance until the May 20, 2013 City Commission meeting; seconded by Commissioner Carrico and approved by unanimous vote.
                
Ord. 13-010. – Second reading and adoption of an ordinance to amend Section 3.1 of Article III of the Zoning/Development Regulations to rezone 1220 North Main Street from B-2 Community Business and RM-1 Multiple Family Residential to B-2 Community Business.
 
          On motion by Commissioner Carrico; seconded by Commissioner Jacobson; this ordinance was adopted by unanimous vote.
 
RESOLUTIONS
 
R13-034
 
RE:      FINANCE DEPARTMENT – Approve Special Assessment Roll for Delinquent Invoices
 
          WHEREAS, Sections 70-12, 74-169, 10-94 and 10-98 of the Adrian City Code
provides that any expense or cost incurred by the City upon or in respect to any delinquent rental registration requires that the City Treasurer prepare a Special Assessment Roll for any such charges which have not been paid; and
 
          WHEREAS, notice has been given and a hearing held for the purpose of reviewing the said Roll and hearing and considering any objections thereto.
 
          NOW, THEREFORE, BE IT RESOLVED that the said Special Assessment Roll for the attached delinquencies be, and the same is hereby confirmed.
 
On motion by Commissioner Faulhaber, seconded by Commissioner Carrico, this resolution, with the exclusion of 1361 Oregon Rd, which is removed for further investigation, was adopted was by a unanimous vote.
 
R13-035
 
 RE:     INFORMATION TECHNOLOGY – BS&A Online Information Services
 
          WHEREAS, at a cost of $4,240 annually, the City of Adrian currently provides (free of charge) online access to assessment records, tax records, special assessments, miscellaneous receivables and utility bills; and
 
          WHEREAS. the site experienced over 47,000 visits in a period beginning April 24, 2012 and ending April 24, 2013; and
 
          WHEREAS, in view of the current economic stringencies, many Michigan counties and municipalities, including Lenawee County and the Village of Blissfield, have switched to a charge-per-visit online site hosted by BS&A, which shares twenty (20%) of the revenue with the participating municipality; and
         
          WHEREAS, the system continues to allow taxpayers to look up their own parcel for free, as well as provide a public terminal at City Hall that accesses information free of charge, however, a convenience fee would be charged for the convenience of off-site access to the aforementioned records at the following rates:
 
-         Assessing, Tax and Special Assessment Records        $2.00 per record
-         Utility Billing and Misc. Receivables                          $1.00 per record
 
          WHEREAS, the Information Technology Director, Finance Director and City Administrator recommend approval of this resolution.
         
         
NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission by this resolution hereby authorizes the contract with BS&A, Bath, MI for the implementation of a fee for service internet access to following City records at the specified rates following the expiration of the current agreement August XX, 2013:
         
-         Assessing, Tax and Special Assessment Records        $2.00 per record
-         Utility Billing and Misc, Receivables                          $1.00 per record.
 
          FURTHER BE IT RESOLVED that the revenue received from implementation of the fee for service from BS&A be credited to Information Technology account 661-000.00-695.000.
 
On motion by Commissioner Berryman Adams, seconded by Commissioner Warren, this resolution was adopted was by a unanimous vote.
 
R13-036
 
RE:      FIRE DEPARTMENT – AccuMed EMS Transport Billing Agreement
 
          WHEREAS, the Adrian Fire Department has provided non-transport emergency medical service to the citizens and visitors of the City of Adrian with ten (10) paramedics, two (2) emergency medical technician specialists and six (6) basic emergency medical technicians; and
 
          WHEREAS, the Adrian Fire Department will receive a new rescue vehicle that has transport capability; and
 
          WHEREAS, from time to time the current emergency medical service transport provider, Emergent Health Partners, doing business as Lenawee Community Ambulance is unable to transport patients because of the number of calls for service within Lenawee County; and
 
          WHEREAS, members of the Adrian Fire Department have requested assistance from neighboring emergency medical transport providers when Lenawee Community Ambulance is unavailable but will have the capability to transport patients in the department’s rescue vehicle; and
 
          WHEREAS, patients transported are billed individually, through insurance or through various healthcare programs.
         
         
NOW, THEREFORE, BE IT RESOLVED, the City Commission hereby authorizes the following fee schedule for persons transported by the Adrian Fire Department to a facility of definitive medical care:
 

Service
Level of Care
Fee
Basic Life Support
Pre-Scheduled
 
$429
Basic Life Support
Non-Emergency
$594
Basic Life Support
Emergency
$720
Advanced Life Support
Emergency
$720
Advanced Life Support
Critical Patients
$835
Oxygen Therapy
 
$47
Mileage
Per loaded mile
$12

         
FURTHER LET IT BE RESOLVED that the Adrian City Commission authorizes its City Administrator to enter into a billing service agreement with AccuMed Billing, Inc. of Riverview, Michigan to bill patients, their insurance companies or agencies responsible for reimbursement for transport emergency medical services. In return for their services the City of Adrian agrees to pay AccuMed Billing, Inc. an amount equal to 8.0% of the amount collected each month for emergency medical services.
 
          FURTHER LET IT BE RESOLVED that the revenues from transport of patients be placed in 101.336.00-636.000.
 
            On motion by Commissioner Faulhaber, seconded by Commissioner Carrico, this resolution was adopted by a unanimous vote.         
 
R13-037
 
RE:      FIRE DEPARTMENT – AccuMedWeb.com Software Agreement
 
          WHEREAS, the Adrian City Commission in Resolution R13-036 authorized the billing agreement between the AccuMed Billing, of Riverview, Michigan and the City for EMS transport billing, and
 
          WHEREAS, fire department staff will gather information and data from persons on every EMS call for record keeping purposed and for billing purposes when the fire department transports a patient to a care facility, and
 
          WHEREAS, AccuMed Billing has a companion product known as AccuMedBilling.com that provides features and functions needed to collect data needed for transport EMS billing and reporting to the National EMS Information System, and
         
          WHEREAS, AccuMedBilling.Com has a price structure as follows:
 

 
 
 
QTY
 
 
 
Description
Chargeable with AccuMedWeb Fee
 
 
 
Cost per unit
 
 
 
Total
 
 
 
1
Annual Support (15% of Total Cost, Excluding Deployment $22,951.00) (Included Year 1)
 
 
 
1
 
 
 
$3,442.65
 
 
 
$3,442.65
1
Total AccuMedWeb Start-Up Cost
 
1
 
$2,500.00
 
$2,500.00

 
 Start –up costs due at time of signing 
*Annual support will be billed annually years 2-5 on the anniversary “Effective Date”
         
NOW, THEREFORE, BE IT RESOLVED, the City Administrator is hereby authorized to execute for the City of Adrian the AccuMedWeb.com Subscription Agreement for a period of 5 years with $2,500 to be paid the first year and $3,442.65 to be paid the following 4 years of the agreement with funds from Information Technology Contract Services – Computer Software, 661.290.00-811.000.
 
          BE IT FURTHER RESOLVED, the effective date of the AccuMedBilling.Com agreement shall be August 1, 2013.
 
          On motion by Commissioner Warren, seconded by Commissioner Jacobson, this resolution was adopted by a unanimous vote.
 
R13-038
 
RE:      FIRE DEPARTMENT – Physio-Control Life Pak 15 defibrillator and one Port02Vent CPAPos
 
          WHEREAS, the Adrian Fire Department has provided the citizens of Adrian with Limited Advanced Life Support since 1996 and this summer, in an effort to give the most comprehensive pre-hospital emergency treatment will begin Advanced Life Support service, and;
 
          WHEREAS, required equipment for Advanced Life Support includes a defibrillator and positive pressure ventilation device for treatment of patients in cardiac or respiratory distress or failure, and;
 
          WHEREAS, bids were solicited for the purchase of defibrillation and positive pressure ventilation equipment from emergency medical equipment suppliers, and;
         
          WHEREAS, Emergency Medical Products, Inc. from Cudahy, Wisconsin was the low bidder for the positive pressure ventilation equipment, and;
 
          WHEREAS, Physio-Control from Redmond, Washington is the sole supplier for Physio-Control Life Pack 15 Defibrillators;
 
          WHEREAS, the Finance Director has indicated funds are available in the Fire Department Capital Account (101.336.00-977.000).
         
NOW, THEREFORE, BE IT RESOLVED, the Adrian City Commission authorizes the Adrian Fire Department to purchase one Port02Vent CPAPos positive pressure oxygen delivery system from Emergency Medical Products in Cudahy, Washington in the amount of $942.35.
 
FURTHER BE IT RESOLVED, the Adrian City Commission authorizes the Adrian Fire Department to purchase one Physio-Control Life Pack 15 Defibrillator and related equipment from sole source supplier Physio-Control, Redmond, Washington in the amount of $32,751.40.
 
            On motion by Commissioner Gallatin, seconded by Commissioner Berryman Adams, this resolution was adopted by a unanimous vote.
 
R13-039
 
RE:      UTILITIES DEPARTMENT – Wastewater Treatment Plant – HVAC Replacement
 
          WHEREAS, the Adrian City Commission, adopted the FY2012-13 Budget and General Appropriations Act on May 7, 2012, which included a $30,000 (497-553.00-975.143) appropriation to replace HVAC units at the Wastewater Treatment Plant; and
WHEREAS, bids were solicited and three (3) bids received on Tuesday, April 16, 2013 by the City of Adrian Purchasing Office for HVAC replacements in the Retention and Old Primary buildings at the Wastewater Treatment Plant with the following results:
Supplier                                      Location                           Total Cost
Thompson Plumbing & Heating     Petersburg, MI                  $61,191.00
Adrian Mechanical                       Adrian, MI                         $76,960.00
T.H. Eifert                                  Lansing, MI                     $119,050.00; and       
          WHEREAS, the remaining amount for this project of $31,191.00 can be allocated by making the following budget amendment to the Sewer Capital Fund:
 
          497-553.00-975.143    Plant/Broad St HVAC                     $32,000
          (497-553.00-975.115) Misc. Structural Repairs               ($10,000)
          (497-553.00-975.118) Painting of Structural Component  ($ 4,000)
          (497-554.00-977.571) Grit Removal Equipment Repair    ($18,000)
                                                          Total                             $        0; and
 
          WHEREAS, the Utilities Director and City Administrator recommend that the low bidder be awarded the bid, and that Thompson Plumbing & Heating of Petersburg, MI be engaged in the City’s Standard Professional Services Contract for the acquisition and installation of HVAC replacements in the Retention and Old Primary buildings at the Wastewater Treatment Plant at a cost not to exceed $61,191.00.
 
NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby authorizes the engagement of Thompson Plumbing & Heating of Petersburg, MI in the City’s Standard Professional Services Contract for the acquisition and installation of HVAC replacements in the Retention and Old Primary buildings at the Wastewater Treatment Plant at a cost not to exceed $61,191.00.
 
          On motion by Commissioner Jacobson, seconded by Commissioner Carrico, this resolution was adopted by a unanimous vote.
 
R13-040
 
RE:     DEPARTMENT OF PARKS & RECREATION – Change Order Island Park Baseball Dugouts
 
WHEREAS, the Department of Parks & Recreation, in conjunction with the City of Adrian Purchasing Office, solicited and received bids on Tuesday, October 30, 2012 for the construction of baseball dugouts at Island Park; and
 
WHEREAS, on November 6th 2012 the City Commission authorized the engagement of Michigan Building Specialties, Adrian, MI in the City’s Standard Professional Services Contract to construct two (2) dugouts at Island Park at a cost not to exceed $10,300.
 
WHEREAS, during the construction of the dugouts it was discovered that the foundations of an older set of dugouts existed below grade causing additional demolition, excavation, and deposal this change in the original scope of work resulting in an additional $1,000
 
WHEREAS, the Finance Director indicates that sufficient funds are available for this purpose in the following account of the Parks & Recreation Capital Budget for FY2012-13:
 
 (101-691.00-975.000) Recreation Capital Improvements $1,000; and
 
WHEREAS, the Parks & Forestry Director and City Administrator recommend approval of the of the change order from Michigan Building Specialties, Adrian, MI in the City’s Standard Professional Services Contract to construct two (2) dugouts at Island Park at a cost not to exceed $1,000.
 
NOW THEREFORE BE IT RESOLVED that the Adrian City Commission by this resolution hereby accepts the low bid and authorizes a change order for Michigan Building Specialties, Adrian, MI in the City’s Standard Professional Services Contract to construct two (2) dugouts at Island Park at a cost not to exceed $1,000.
 
 
On motion by Commissioner Faulhaber, seconded by Commissioner Jacobson, this resolution is adopted by unanimous vote.
 
R13-041
 
RE:      POLICE DEPARTMENT –Change in Fee Schedule
 
          WHEREAS, the Adrian Police Department recently completed a fee survey of similar agencies in the State of Michigan; and
WHEREAS, based on the results of the aforementioned survey, the Chief of Police recommended the revised fee schedule below for the Adrian Police Department, effective July 1, 2013; and
WHEREAS, the recommended changes will help offset increased personnel and operating costs, the last increase was in 2009; and
WHEREAS, the City Administrator recommends the approval of this resolution.
 
          NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this resolution, hereby adopts the following proposed fee schedule for the Adrian Police Department, effective July 1, 2013.
 
                                      Current                             Proposed

Fingerprints non-profit
$60.00
$70.00
Fingerprints profit org.
$65.00
$75.00
Applicant card only
$15.00
$20.00
Photocopy reports
$5.00
$5.00
Docview UD-10 reports
$10.00
$10.00
Impounded vehicle
$60.00
$100.00
SOR registration
$50.00
$50.00
Notary fee
$10.00
$10.00
Local background check
$5.00
$15.00

 
            On motion by Commissioner Berryman Adams, seconded by Commissioner Warren, this resolution is adopted by a unanimous vote.
 
R13-042
 
RE:      ADMINISTRATION – Farm Lease Agreement with James Marvin – Former Marvin Farm
 
WHEREAS, the City of Adrian is the owner of approximately one hundred fifty seven (157) acres of land adjacent to Beecher Road in the City of Adrian; and
 
WHEREAS, a portion of the real estate is tillable; and
 
WHEREAS, the City Administrator has negotiated a proposed Lease Agreement with the former farmer of said property, which terms have been reviewed by the City Commission and found to be in the best interest of the City to approve.
 
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby authorized to enter into a Farm Lease Agreement with James Marvin to rent approximately one hundred fifty seven (157) acres of tillable ground on the above-mentioned parcel of real estate for One Hundred Twenty Five ($125.00) Dollars per acre for a period ending December 31, 2013, and subject to other terms acceptable to the City Administrator.
 
On motion by Commissioner Faulhaber, seconded by Commissioner Jacobson, this resolution is adopted by unanimous vote.
 
R13-043
 
RE:      ADMINISTRATION – Farm Lease Agreement with James Marvin – Former Marvin Farm
 
WHEREAS, the City of Adrian is the owner of approximately fifty-three (53) acres of land South of Beecher Road in the City of Adrian at the intersection of Sand Creek Hwy; and
 
WHEREAS, a portion of the real estate is tillable; and
 
WHEREAS, the City Administrator has negotiated a proposed Lease Agreement with the former farmer of said property, which terms have been reviewed by the City Commission and found to be in the best interest of the City to approve.
 
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby authorized to enter into a Farm Lease Agreement with James Marvin to rent approximately fifty-three (53) acres of tillable ground on the above-mentioned parcel of real estate for One Hundred Twenty Five ($125.00) Dollars per acre for a period ending December 31, 2013, and subject to other terms acceptable to the City Administrator.
 
 
On motion by Commissioner Berryman Adams, seconded by Commissioner Faulhaber, this resolution is adopted by unanimous vote.
 
R13-044
 
RE:      ADMINISTRATION – Farm Lease Agreement with Fred Feight – Former Witt Farm
 
WHEREAS, the City of Adrian is the owner of approximately fifty-four (54) acres of land adjacent to M-52, formerly known as the Witt Farm; and
 
WHEREAS, a portion of the real estate is tillable; and
 
WHEREAS, the City Administrator has negotiated a proposed Lease Agreement with the previous farmer of said property, which terms have been reviewed by the City Commission and found to be in the best interest of the City to approve.
 
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby authorized to enter into a Farm Lease Agreement with Fred Feight to rent approximately fifty-four (54) acres of tillable ground on the above-mentioned parcel of real estate for One Hundred ($100.00) Dollars per acre for a period ending December 31, 2013, and subject to other terms acceptable to the City Administrator.
 
On motion by Commissioner Faulhaber, seconded by Commissioner Carrico, this resolution is adopted by unanimous vote.
 
R13-045
 
RE:      ADMINISTRATION – Farm Lease Agreement with Shane Bierman– Industrial Park
 
WHEREAS, the City of Adrian is the owner of approximately thirty-nine (39) acres of land adjacent to M-34, known as the Industrial Park; and
 
WHEREAS, a portion of the real estate is tillable; and
 
WHEREAS, the City Administrator has negotiated a proposed Lease Agreement with Shane Bierman, which terms have been reviewed by the City Commission and found to be in the best interest of the City to approve.
 
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Mayor is hereby authorized to enter into a Farm Lease Agreement with Shane Bierman to rent approximately thirty-nine (39) acres of tillable ground on the above-mentioned parcel of real estate for One Hundred ten ($110.00) Dollars per acre for a period ending December 31, 2013, and subject to other terms acceptable to the City Administrator.
 
On motion by Commissioner Jacobson, seconded by Commissioner Warren, this resolution is adopted by unanimous vote.
 
R13-046
 
RE:      FINANCE – Placement of delinquent invoice for private sewer lateral for 112 Hunt Street on the Special Assessment Roll.
 
          WHEREAS, a public hearing was held on April 15, 2013 to hear public comment for the special assessment roll for delinquent invoices for any single lot, delinquent storm water utility and parking assessments; and
 
          WHEREAS, the former owner of 112 Hunt Street appeared and objected to the inclusion of a delinquent invoice for city repair of a private sewer lateral for 112 Hunt Street; and
 
          WHEREAS, said invoice for 112 Hunt Street was removed from the special assessment roll so that additional investigation could be conducted; and
 
          WHEREAS, said investigation was conducted and it was determined that pursuant to Sections 94-157 and 70-112 of the Adrian City Code, said unpaid invoice is properly subject to placement on the special assessment roll; and
 
          WHEREAS, a public hearing has already been conducted for the purpose of reviewing the roll, and the commission hearing and considering objections thereto.
 
          NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission, by this resolution, places the delinquent invoice for private sewer lateral repair for 112 Hunt Street on the special assessment roll.
 
On motion by Commissioner Jacobson, seconded by Commissioner Gallatin, this
 
 resolution is adopted by unanimous vote.
 
PUBLIC COMMENTS
 
  1. Angela Jackson -818 W Maple Ave – Would like to add bamboo to the City’s list of nuisance vegetation. Has a neighbor who has planted some and it is ruining the property of the surrounding homes and is very difficult to control and get rid of. The Commission and City Attorney will look into this.
 
  1. Chip Moore – 667 Stonecrest – thinks it is a bad idea to charge a fee for internet access to individual property records. This is public information.
 
COMMISSIONER COMMENTS
 
  1. Commissioner Berryman Adams gave kudos to the organizers of the Cinco de Mayo parade and festivities; it was a wonderful event.
 
  1. Commissioner Warren congratulated the recipient of the Commissioner scholarship and wished her the best of luck.
 
At 8:00pm, Commissioner Berryman Adams motioned to go into closed session to discuss a possible real estate venture; this was seconded by Commissioner Warren and approved by unanimous vote. The Commission took a 5 minute recess.
 
At 8:50pm, the Commission came out of closed session, entered the main chambers and officially closed the meeting.
 
The next regular meeting of the Adrian City Commission will be held on Monday, May 20, 2013 at 7:00 p.m. in the City Chambers Building, 159 E. Maumee St, Adrian, MI 49221.
 
 
                Greg DuMars                                                             Pat Baker
                 Mayor                                                                     City Clerk

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