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CITY COMMISSION

MEETING

February 17, 2020

PRE-MEETING AGENDA

ADRIAN CITY COMMISSION

AGENDA

PRE-MEETING STUDY SESSION

MONDAY

February 17, 2020

6:00pm

The City Commission will meet for a pre-meeting study session on Monday,

February 17, 2020 at 6:00pm at the City Chambers Building at 159 East

Maumee Street, Adrian, Michigan.

1. Lenawee Humane Society Site Discussion.

2. Legal Update.

3. Other items as time permits.

4. Public Comment.

re-meeting study sessions are open to the public and the public is encouraged

to attend. Should attendance exceed the capacity of the conference room, the

study session will be moved to the main commission chambers.

COMMISSION AGENDA

AGENDA

ADRIAN CITY COMMISSION

February 17, 2020

7:00PM

I. PRAYER AND PLEDGE OF ALLEGIANCE TO THE FLAG

II. ROLL CALL

III. APPROVAL OF THE MINUTES OF THE FEBRUARY 3, 2020, REGULAR MEETING

OF THE ADRIAN CITY COMMISSION.

IV. APPROVAL OF THE MINUTES OF THE FEBRUARY 3, 2020, SPECIAL MEETING

OF THE ADRIAN CITY COMMISSION.

V. PRESENTATION OF ACCOUNTS

VI. REGULAR AGENDA

A. SPECIAL ORDERS

1. SO-1. Public hearing to hear and consider comments

regarding the consideration of the proposed Amendment

No. 1 to the Development and Tax Increment Financing

Plan.

B. ORDINANCES

1. Ord. 20-003. Second reading and consideration of an

ordinance to amend Chapter 18, Article II of the Adrian City

Code of Ordinances, titled Community Development, to add

a new Division 3, Development and Tax Increment

Financing Plan, Sections 18-54 and 18-55.

2. Ord. 20-004. First reading and introduction of an

ordinance to amend Section 3.1 of Article III of the City of

Adrian Zoning Ordinance, and the Zoning Map to which

reference is therein made, to the extent of Rezoning the

following property hereinafter described from B-4, shopping

Center District, to B-2, Community Business District.

C. RESOLUTIONS

1. R20-022. Administration. Resolution to appoint Charles Chase to

the Ethics Board for a three year term.

2. R20-023. Administration. Resolution to appoint Kyle O’Connor to

the Ethics Board for a two year term.

3. R20-024. Administration. Resolution to appoint Richelle Carson-

Emmendorfer to the Ethics Board for a two year term.

4. R20-025. Administration. Resolution to appoint Sharese Mathis to

the Ethics Board for a one year term.

5. R20-026. Administration. Resolution to appoint Sheila Schwartz to

the Ethics Board for a one year term.

6. R20-027. Finance. Resolution to authorize the Thelma H. Swigert

Estate Endowment Trust Policy Revision dated February 17, 2020.

7. R20-028. Engineering. Resolution authorizing the Mayor and City

Clerk to sign the Contract Agreement between the City of Adrian and

the Michigan Department of Transportation to move forward with

rehabilitation work on Bent Oak and College Ave. bridges.

8. R20-029. Community Development. Resolution to waive the bid

process and authorize the Mayor and City Clerk to execute an

agreement with Giffels Webster to prepare an updated Master Plan for

the City of Adrian.

9. R20-030. Fire. Resolution to authorize the submission of a grant

application to the U.S. Department of Homeland Security 2019

Assistance to Firefighters Grant Act for the purpose of obtaining self-

contained breathing apparatus as well as being the host entity, and if

successful in the grant process, authorize a 10% match not to exceed

$25,000.

10. R20-031. Fire. Resolution to authorize the submission of a grant

application to the U.S. Department of Homeland Security 2019

Assistance to Firefighters Grant Act for the purpose of expanding the

current vehicle exhaust system to all vehicles, and if successful in the

grant process, authorize a 10% match not to exceed $2,500.

11. R20-032. City Attorney. Resolution to approve the Commercial

Marihuana Facilities Permit Application Package for 2020-21, and to

set the application period dates for new and renewal applications for

Medical and Recreational Marihuana Facility Permits.

12. R20-033. City Attorney. Resolution to eliminate the Business

District Provisioning Center Waitlist.

13. R20-034. City Attorney. Resolution to lift the temporary

moratorium upon the issuance of permits, licenses and zoning

approvals for the sale or dispensation of Adult-Use Marihuana.

VII. MISCELLANEOUS

1. Adrian Fire Department Report.

2. Criminal Justice Reports.

3. Departmental Report.

4. Code Enforcement Report.

5. Planning Commission Meeting Minutes.

6. 2019 Planning Commission Report.

7. DDA Meeting Minutes.

8. HRC Meeting Minutes.

VIII. PUBLIC COMMENT

IX. COMMISSIONER COMMENTS

M I N U T E S

MINUTES

ADRIAN CITY COMMISSION

159 E MAUMEE ST., ADRIAN MI 49221

February 3, 2020 @ 7:00PM

The City Commission met for a pre-meeting work study session at 6:00 pm at the City Chambers

Building. The following items were discussed:

1. Discussion about the Master Plan Process going forward.

2. Discussion about the Piotter Center possibly being purchased by the County.

3. City Administrator Nathan Burd handed out a resolution to replace the existing one and

explained the slight change.

Public Comment was heard from Joaquin Ramos, City Resident, discouraging the city not to sell the

Piotter Center.

Pre-Meeting adjourned at 6:45 pm.

The Commission began the regularly scheduled meeting at 7:00 pm.

Official proceedings of the February 3, 2020 regular meeting of the City Commission, Adrian,

Michigan.

The regular meeting was opened with a moment of silence followed by the Pledge of

Allegiance.

Mayor Heath in the Chair

PRESENT: Mayor Heath &, Commissioners Heldt, Roberts, Strayer, Watson and Gauss.

On motion by Commissioner Watson seconded by Commissioners Strayer & Heldt,

the minutes of the January 21, 2020 Regular Meeting of the Adrian City Commission were

approved by a 6-0 vote.

On motion by Commissioner Roberts, seconded by Commissioner Strayer, the

minutes of the January 21, 2020 Special Meeting of the Adrian City Commission were

approved by a 6-0 vote.

PRESENTATION OF ACCOUNTS

Utility Department Vouchers

Vouchers #4785 through #4791 ..............................................

$75,637.88

General Fund

Vouchers #24233 through #24242 .....................................................

$94,990.59

Clearing Account Vouchers

amounting to.............................................................

$257,511.22

TOTAL EXPENDITURES .......................................................................

$428,139.69

On motion by Commissioners Heldt, seconded by Commissioner Watson, the

Vouchers were approved by a 6-0 vote.

Mayor Heath ask for a motion to amend the agenda to add Resolution R20-021 from

Human Resources to approve the Technical, Professional, and Office Workers of Michigan

(TPOAM) Union Contract Settlement.

On motion by Commissioner Roberts, and seconded by Commissioner Strayer, the

motion to amend the agenda to add Resolution R20-021 from Human Resources to approve

the Technical, Professional, and Office Workers of Michigan (TPOAM) Union Contract

Settlement was approved by a 6-0 vote.

REGULAR AGENDA

ORDINANCES

ORDINANCE NO. 20-002

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF ADRIAN, ARTICLE XI, COMMERCIAL MEDICAL

MARIHUANA FACILITIES AND ADULT USE ESTABLISHMENTS

ARTICLE XI. - COMMERCIAL MEDICAL MARIHUANA FACILITIES AND ADULT USE ESTABLISHMENTS IS

HEREBY AMENDED AS FOLLOWS:

DIVISION 1. - GENERALLY

Sec. 46-501. - Definitions.

For the purpose of this article the following words, terms, and phrases shall have the meanings

ascribed to them in this section, except when the context clearly indicates a different meaning.

Any term defined by the Michigan Medical Marihuana Act, MCL 333.2621 et seq., shall have the

definition given in the Michigan Medical Marihuana Act.

Any term defined by the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et

seq., shall have the definition given in the Michigan Medical Marihuana Facilities Licensing Act.

Any term defined by the Michigan Medical Marihuana Tracking Act, MCL 333.27901 et seq., shall

have the definition given in the Michigan Medical Marihuana Tracking Act.

Any term defined by the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et

seq., shall have the definition given in the Michigan Regulation and Taxation of Marihuana Act.

Adult use means recreational marihuana as defined in Michigan Regulation and Taxation of

Marihuana Act.

City means the City of Adrian.

Commercial Marihuana Facility means all types of medical or recreational facilities.

Department means the Michigan State Department of Licensing and Regulatory Affairs or any

authorized designated Michigan agency authorized to regulate, issue or administer a Michigan license for

a commercial medical marihuana facility.

Enclosed building means a combination of materials forming a structure affording a facility or shelter

for use or occupancy by individuals or property in which a proper ventilation system allows for all

windows, entrances, and exits to safely remain closed, with the exceptions of normal entry and exit of the

building for business purposes, and safety or emergency purposes i.e. fire. Building includes a part or

parts of the building and all equipment in the building. A building shall not be construed to mean a

building incidental to the use for agricultural purposes of the land on which the building is located.

Grower or grower facility means a commercial entity that cultivates, dries, trims, or cures and

packages marihuana for sale to a processor or provisioning center. Grower facilities are divided into

classes: Class A facility — up to 500 plants; Class B facility — up to 1,000 plants; Class C facility — up to

1,500 plants, and Excess Grower- expansion of grower who already holds 5 adult use Class–C

grower licenses.

License means a current, valid license for a commercial medical marihuana facility issued by the

State of Michigan.

Licensee means a person holding a current, valid Michigan license for a commercial medical

marihuana facility.

Marihuana means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368,

MCL 333.7106.

Marihuana plant(s) means any plant of the species Cannabis sativa L.

Medical marihuana means that term as defined in the Public Health Code, MCL 333.1101 et seq.;

the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Michigan Medical Marihuana Facilities

Licensing Act, MCL 333.27101 et seq.; and the Michigan Medical Marihuana Tracking Act, MCL

333.27901 et seq.

Medical marihuana facility(s) means any facility, establishment and/or center at a specific location

which is licensed under this chapter to operate under the Michigan Medical Marihuana Facilities Licensing

Act, MCL 333.27101 et seq., including a provisioning center, grower, processor, safety compliance

facility, and secure transporter. The term does not include or apply to a "primary caregiver" or "caregiver"

as the term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq.

Permit means a current, valid permit for a commercial marihuana facility issued pursuant to this

article, granted to a permit holder valid for a specific permitted premises and a specific permitted property.

Permit holder means the person that holds a current, valid permit under this article.

Permitted premises means the particular building or buildings within which the permit holder will be

authorized to conduct the facility's activities pursuant to the permit.

Permitted property means the real property comprised of the lot, parcel or other designated unit of

real property upon which the permitted premises is situated.

Person means a natural person, company, partnership, profit or non-profit corporation, limited liability

company, or any joint venture for a common purpose.

Processor or processor facility means a commercial entity that purchases marihuana from a grower

and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in

packaged form to a provisioning center.

Provisioning center or Retail Establishment means a commercial entity that purchases marihuana

from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients,

directly or through the patients' registered primary caregivers. Provisioning center or Retail

Establishment includes any commercial property where marihuana is sold at retail to registered

qualifying patients or registered primary caregivers. The term does not include or apply to a non-

commercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver

through the department's marihuana registration process in accordance with the MMMA.

Recreational marihuana means that term as defined in the Public Health Code, MCL 333.1101

et seq. and Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

Recreational marihuana facility(s) means any facility, establishment and/or center at a

specific location which is licensed under this chapter to operate under the Michigan Regulation

and Taxation of Marihuana Act, MCL 333.27951 et seq., including a provisioning center, grower,

excess grower, processor, safety compliance facility, secure transporter, marihuana event

organizer, temporary marihuana event, and designated consumption establishment.

Safety compliance facility means a commercial entity that receives marihuana from a medical

marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol

and other cannabinoids, returns the test results, and may return the marihuana to the medical marihuana

facility.

School (as defined in MCL 257.627a) means an educational institution operated by a local school

district or by a private, denominational, or parochial organization. School does not include either of the

following:

(1) An educational institution that the department of education determines has its entire student

population in residence at the institution.

(2) An educational institution to which all students are transported in motor vehicles.

Secure transporter means a commercial entity that stores medical marihuana and transports medical

marihuana between medical marihuana facilities for a fee.

Sec. 46-504. - Number of facilities authorized by city.

(a) Growers:

(1) Class A: unlimited.

(2) Class B: unlimited.

(3) Class C: unlimited

Excess grower: Total of four permits, single and/or dual purpose, in the east and west industrial

overlay districts combined. Specifically, two excess grower permits in the east overlay and two

excess grower permits in the west overlay.

(b) Processors: unlimited.

regulations, maximum of ten (10) permits, single and/or dual purpose, issued within the B-1 and

B-2 districts combined, all other permits to be issued within the industrial overlay districts.

(d) Safety compliance facilities: unlimited.

(e) Secure transporters: unlimited.

Sec. 46-505. - Requirements for permit application submission.

(a) Every marihuana facility, establishment, or other business in the city shall be subject to the terms

and provisions set forth in this article. No person shall operate a marihuana facility, establishment, or

other business in the city without a current, valid permit issued by the city pursuant to the provisions

of this article. The permit requirements set forth in this article shall be in addition to, not in lieu of any

other licensing and/or permitting requirements imposed by any other federal, state, or local law.

(b) Applications for permits shall be made annually. Each complete application for a permit or permits

required by this article shall be made on forms provided by the city clerk.

file the application form provided by the city clerk's office. Any application missing information in any

required field will be deemed incomplete and is subject to denial of the permit by the city clerk. Each

question in the application must be answered in its entirety and all the information requested and

required by this article must be submitted with the application. Failure to comply with these rules and

the application requirements in this article is grounds for denial of the application. An application for a

commercial marihuana facility permit shall contain all of the following:

(1) Current documentation from the State of Michigan showing approved pre-qualification status for

any state required commercial marihuana license or a copy of a valid state required

commercial marihuana license.

(2) If the applicant is an individual, the applicant's name, date of birth, physical address, email, one

or more phone numbers, including emergency contact information, and a copy of a valid

unexpired driver's license or state ID for the applicant. Acceptable ID will be issued by the state

in accordance with the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., the

Michigan Regulation and Taxation of Marihuana Act MCL 333.27951 et seq.; and all other

applicable rules promulgated by the State of Michigan.

(3) If the applicant is not an individual, the names, dates of birth, physical addresses, email

addresses, and one or more phone numbers of each stakeholder of the applicant, including

designation of a stakeholder as an emergency contact person and contact information for the

emergency contact person, a copy of a valid unexpired driver's license or state ID for each

applicant or stakeholder of the applicant. Acceptable ID will be issued by the state in accordance

with the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., the Michigan

Regulation and Taxation of Marihuana Act MCL 333.27951 et seq.; and all other applicable

rules promulgated by the State of Michigan.

Additionally, if the applicant is a limited liability company, articles of incorporation of organization,

internal revenue service SS-4 EIN confirmation letter, and the operating agreement or bylaws of

the applicant, are required.

(4) The name and address of the proposed commercial marihuana facility and any additional

contact information deemed necessary by the city clerk including name, address, and telephone

number of the owner(s) of all real property where the facility is located.

(5) One of the following: (a) proof of ownership of the entire premises wherein the commercial

marihuana facility is to be operated; or (b) a notarized statement from the property owner for

use of the premises in a manner requiring licensure under this article along with a copy of any

lease for the premises.

(6) A signed release shall be provided, on a form included with the application, permitting the city

police department to perform a criminal background check to ascertain whether any person

named on the application has been convicted of any disqualifying felony or any controlled-

substance-related misdemeanor under Michigan law or the law of any other state or the United

States.

(7) A signed acknowledgement that the applicant is aware and understands that all matters related

to marihuana, growing, cultivation, possession, dispensing, testing, safety compliance,

transporting, distribution, and use are currently subject to state laws, rules and regulations, and

that the approval or granting of a permit hereunder does not exonerate or exculpate the

applicant from abiding by the provisions and requirements and penalties associated with those

laws, rules and regulations or exposure to any penalties associated therewith; and further the

applicant waives and forever releases any claim demand, action, legal redress or recourse

against the city, its elected and appointed officials and its employees and agents for any claims,

damages, liabilities, causes of action, and attorney fees that applicant may incur as a result of a

violation by applicant, its officials, members, partners, shareholders, employees and agents, of

those laws, rules and regulations and hereby waives and assumes the risk of any such claims

and damages and lack of recourse against the city, its elected and appointed officials,

employees, attorneys, and agents.

(8) A signed acknowledgement that all cultivation must be performed in an enclosed building.

(9) An affidavit that neither the applicant nor any stakeholder of the applicant is in default to the city,

specifically that the applicant or stakeholder of the applicant has not failed to pay any property

taxes, special assessments, fines, fees or other financial obligation to the city.

(10) For each permit type the following documentation is required:

a. Proof of a surety bond in the amount of $100,000.00 with the city listed as the obligee to

guarantee the performance by applicant of the terms, conditions and obligations of this

article in a manner and surety approved by the city attorney; or, in the alternative,

b. Proof of creation of an escrow account as follows:

1. The account must be provided by a state or federally regulated financial institution or

other financial institution approved by the city attorney based upon an objective

assessment of the institution's financial stability; and

2. The account must be for the benefit of the city to guarantee performance by licensee

in compliance with this article and applicable law; and

3. The account must be in the amount of $20,000.00 and in a form prescribed by the city

attorney.

(11) Proof of an insurance policy covering each facility and naming the city, its elected and appointed

officials, employees, and agents, as additional insured parties, available for the payment of any

damages arising out of an act or omission of the applicant or its stakeholders, agents,

employees, or subcontractors, in the amount of (a) at least $1,000,000.00 for property damage;

(b) at least $1,000,000.00 for injury to one person; and (c) at least $2,000,000.00 for injury to

two or more persons resulting from the same occurrence. The insurance policy underwriter

must have a minimum A.M. Best Company insurance ranking of B+, consistent with state law.

The policy shall provide that the city shall be notified by the insurance carrier 30 days in

advance of any cancellation.

(12) Any other information deemed by the city to be required for consideration of a permit.

(d) All applications shall be accompanied by a non-refundable permit application fee for each permit

type. The renewal fee is established to defray the costs of the administration of this article and is set

by resolution of the city commission.

Sec. 46-506. - Requirements for application for renewal of annual permit.

(a) A completed application for a renewal permit must be received by the city clerk no later than 90

days prior to the expiration of the current permit. Pending applications for annual renewal or

amendments of existing permits shall be reviewed, and granted or denied by the city commission

prior to new permit applications being considered.

(b) Applications for renewal of permits shall be made annually. Each complete application for a permit

or permits required by this article shall be made on forms provided by the city clerk and must meet all

requirements of section 46-505.

(1) Applications for renewal of permits issued in 2018 only shall qualify for an exception to

subsection 46-505(c)(1)

permit type. The renewal fee is established to defray the costs of the administration of this article,

and is set by resolution of the city commission.

Sec. 46-507. - Issuance or denial of new or renewal permit.

(a) Upon submission of an applicant's completed application, including all required information and

documentation, the city clerk shall accept the application and assign it a sequential number based on

the date and time the application was accepted and refer a copy of the application to each of the

following for their approval: the fire department, the building inspection department, the police

department, the zoning administrator, the city treasurer, and the legal department.

(b) A permit means only that the applicant has submitted a valid application for a marihuana facility,

establishment, or other business permit, and that the applicant shall not locate or operate a

marihuana facility without obtaining all other permits and approvals required by all other applicable

ordinances and regulations of the city, as well as, all statutes and regulations of the State of

Michigan including but not limited to the Public Health Code, MCL 333.1101 et seq.; the Michigan

Medical Marihuana Act, MCL 333.26421 et seq.; the Michigan Medical Marihuana Facilities

Licensing Act, MCL 333.27101 et seq.; the Michigan Medical Marihuana Tracking Act, MCL

333.27901 et seq.; the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.,

and all other applicable rules promulgated by the State of Michigan.

transferred by approval of the city commission pursuant to subsections 46-502(c) and (d) of this

article.

(d) The permit shall be prominently displayed at the permitted premises in a location where it can be

easily viewed by the public, law enforcement and administrative authorities.

(e) The city clerk shall not recommend a permit for approval unless all of the following conditions have

been met:

(1) The fire department and building department have inspected the proposed location for

compliance with all laws for which they are charged with enforcement and for compliance with

this article.

(2) The zoning administrator has confirmed that the proposed location complies with the zoning

code and issues a zoning compliance permit and zoning exception permit.

(3) The city treasurer has confirmed that the applicant and the proposed location are not in default

to the city.

(4) The police department has determined that the applicant has met the requirements of this

article with respect to the background check and security plan.

(5) The legal department has determined that the applicant has satisfied the requirements of this

article with respect to submission of all required documents and completeness of the

application.

(6) All additional information deemed by the city to be required for consideration of a permit.

(f) The city clerk shall not recommend a permit for renewal unless all of the following additional

conditions have been met:

(1) The applicant possesses the necessary state license or approvals, including those issued

pursuant to all applicable state and local laws, rules, or ordinances.

(2) The applicant has operated the marihuana facility, establishment or other business in

accordance with the conditions and requirements of this article.

(3) The marihuana facility, establishment, or other business has not been declared a public

nuisance.

(4) The applicant is operating the marihuana facility, establishment or other business in

accordance with federal, state, and local laws and regulations.

(g) If written approval is given by each individual, department, or entity in subsection (e), the city clerk

shall recommend the permit or renewal of an annual permit to the city commission for approval.

(h) A permit will lapse and be void if such other required permits, valid state licensing, and approvals

are not diligently pursued to completion, but in any event no later than 180 days after the permit is

issued.

(i) Any applicant for a commercial marihuana facility, establishment or other business permit whose

building is not yet in existence at the time of city commission approval shall have one year

immediately following the date of approval to complete construction of the building, in accordance

with applicable zoning ordinances, building codes and other applicable state or local laws, rules or

regulations, and to commence business operations.

(j) Within 90 days of receipt of a complete application and all required fees, all inspections, review and

processing of the application shall be completed, and the city clerk shall make a recommendation to

the city commission to approve or deny the marihuana facility permit.

(k) The city commission shall approve or deny a permit within 120 days of receipt of the completed

application and fees. The processing time may be extended upon written notice by the city for good

cause, and any failure to meet the required processing time shall not result in the automatic grant of

the permit. No permit is valid until final approval of the city commission.

(l) The city has no obligation to process or approve any incomplete application. Any time period

provided under this article shall not commence until the city receives a completed application, as

determined by the city clerk. A determination of a complete application shall not prohibit the city from

requiring supplemental information. The city may delay an application while additional information is

requested including, but not limited to, requests for additional disclosures and documentation to be

furnished to the city clerk.

(m) If more qualified applications are received than the number of permits allowed for provisioning

centers or retails establishments in the B-1 and B-2 districts under this article, the city commission

may review and amend this article as it determines advisable.

(n) If applicant fails to comply with this article, a permit may be denied as provided under this article. In

addition to failing to comply with this article, a permit may be denied for the following reasons:

(1) The applicant made a material misrepresentation on the application.

(2) The applicant fails to correct any deficiencies in the application or supply additional required

information.

(3) The applicant fails to satisfy compliance with the municipality, state law, or this article.

(4) The applicant is operating a commercial marihuana facility without a current, valid permit.

Any denial of a permit shall be in writing and shall state the reason for the denial.

(o) Denial of permit by the City Commission may be appealed to the circuit court of this state.

Sec. 46-508. - Conduct of permit holder.

(a) Each permit holder shall, as a condition of obtaining and maintaining a permit, agree to comply at all

times with applicable local and state building, zoning, fire, health and sanitation statutes, ordinances

and regulations.

(b) The premises shall be operated and maintained at all times consistent with responsible business

practices and so that no excessive demands will be placed upon public health or safety services, nor

any excessive risk of harm to the public health, safety or sanitation.

on the application and the permit. Further, the permit holder shall notify the city clerk, within ten

business days, of any other change in the information required by this article or that may materially

affect the state license or the permit. Failure to do so may result in suspension or revocation of the

permit.

(d) An applicant or permit holder has a duty to notify the city clerk in writing within ten business days of

any pending criminal charge, and any criminal conviction or other offense, including but not limited

to, any violation of building, fire, or zoning codes, the Michigan Medical Marihuana Act (MCL

333.26421 et seq.), Medical Marihuana Facilities Licensing Act (MCL 333.27101 et seq.), Michigan

Medical Marihuana Tracking Act, (MCL 333.27901 et seq.), Michigan Regulation and Taxation

of Marihuana Act, (MCL 333.27951 et seq.), and all other applicable rules promulgated by the

State of Michigan, committed by the applicant, permit holder, any owner, principal, officer, director,

manager or employee relating to the cultivation, processing, manufacture, storage, sale, distribution,

testing or consumption of any form of marihuana within ten days of the event.

(e) The permit holder may not operate any other commercial marihuana facility in the permitted

premises or on the permitted property, or in its name at any other location within the city without first

obtaining a separate permit.

(f) A signed acknowledgement of the permit holder's intent to acquire and maintain a valid marihuana

facility license from the State of Michigan is a condition for issuance and maintenance of a

marihuana facility permit under this article. In the event of a lapse in the state issued medical

marihuana facility license, for any reason, the applicant may not continue operation of any

marihuana facility in the City of Adrian, unless and until a valid state license is reinstated or obtained.

(g) Failure to comply with the requirements contained in this article is a civil infraction.

Sec. 46-509. - Operational requirements.

A commercial marihuana facility issued a permit under this article and operating in the city shall at all

times comply with the following operational requirements, which the city commission may review and

amend from time to time as it determines reasonable.

(1) Commercial marihuana facilities shall comply with the zoning code, the building code, and the

property maintenance code at all times.

(2) The facility must hold a valid local permit and the state required commercial marihuana facility

license for the type of commercial marihuana facility carried out at the permitted property.

(3) Each commercial marihuana facility shall be operated from the permitted premises on the

permitted property. No commercial marihuana facility shall be permitted to operate from a

moveable, mobile or transitory location, except for a permitted and licensed secure transporter

when engaged in the lawful transport of marihuana.

(4) No person under the age of 18 shall be permitted to enter into the permitted premises without a

parent or legal guardian.

(5) Commercial marihuana facilities shall be closed for business and no sale or other distribution

of marihuana in any form shall occur upon the premises or be delivered from the premises

between the hours of 9:00 p.m. and 7:00 a.m.

(6) Permit holders shall at all times maintain a security system that meets state law requirements,

and shall also include:

a. Security surveillance cameras installed to monitor all entrances, along with the interior and

exterior of the permitted premises;

b. Burglary alarm systems which are professionally monitored and operated 24 hours a day,

seven days a week;

c. A locking safe permanently affixed to the permitted premises that shall store all marihuana

and cash remaining at the facility overnight;

d. All marihuana in whatever form stored at the permitted premises shall be kept in a secure

manner and shall not be visible from outside the permitted premises, nor shall it be grown,

processed, exchanged, displayed or dispensed outside the permitted premises;

e. All security recordings and documentation shall be preserved for at least 48 hours by the

permit holder and made available to law enforcement upon request for inspection.

(7) No commercial provisioning center shall be located within 1,000 feet of any of the following

uses:

a. A school, public or private, including pre-school through college or within 250 feet of any of

the following uses:

1. A church or house of worship located in a residential district.

2. A park or playground.

3. A state licensed day-care facility as defined in the City of Adrian Zoning Ordinance,

definition(s) 2.46.

4. A facility that provides substance abuse disorder services as defined by MCL

330.6230S.

(8) The amount of marihuana on the permitted property and under the control of the permit holder,

owner or operator of the facility shall not exceed the amount permitted by the state license.

(9) The marihuana offered for sale and distribution must be packaged and labeled in accordance

with state law. Provisioning centers are prohibited from selling, soliciting or receiving orders for

marihuana or marihuana products over the internet.

(10) No pictures, photographs, drawings, or other depictions of marihuana or marihuana

paraphernalia shall appear on the outside of any permitted premises nor be visible outside of

the permitted premises on the permitted property. The words "marihuana," "cannabis" and any

other words used or intended to convey the presence or availability of marihuana shall not

appear on the outside of the permitted premises nor be visible outside of the permitted premises

on the permitted property.

(11) The sale, consumption, or use of alcohol or tobacco products on the permitted premises is

prohibited. Smoking or consumption of controlled substances, including marihuana, on the

permitted premises is prohibited.

(12) All activities of commercial marihuana facilities, including without limitation, distribution, growth,

cultivation, or the sale of marihuana, and all other related activity permitted under the permit

holder's license or permit must occur indoors. The facility's operation and design shall minimize

any impact to adjacent uses, including the control of any odor by maintaining and operating an

air filtration system so that no odor is detectable outside the permitted premises.

(13) A patient may not grow his or her own marihuana at a commercial marihuana facility.

(14) No person operating a facility shall provide or otherwise make available marihuana to any

person who is not legally authorized to receive marihuana under state law.

(15) All necessary building, electrical, plumbing and mechanical permits must be obtained for any

part of the permitted premises in which electrical, wiring, lighting or watering devices that

support the cultivation, growing, harvesting or testing of marihuana are located.

(16) The permit holder, owner and operator of the facility shall use lawful methods in controlling

waste or by-products from any activities allowed under the license or permit.

(17) Marihuana may be transported by a secure transporter within the city under this article, and to

effectuate its purpose, only:

a. By persons who are otherwise authorized by state law to possess marihuana for

commercial purposes;

b. In a manner consistent with all applicable state laws and rules, as amended;

c. In a secure manner designed to prevent the loss of the marihuana;

d. No vehicle used for transportation or delivery of marihuana under this article shall have for

markings the words "marihuana," "cannabis," or any similar words; pictures or other

renderings of the marihuana plant; advertisements for marihuana or for its sale, transfer,

cultivation, delivery, transportation or manufacture, or any other word, phrase or symbol

indicating or tending to indicate that the vehicle is transporting marihuana.

e. No vehicle may be used for the ongoing or continuous storage of marihuana, but may only

be used incidental to, and in furtherance of, the transportation of marihuana.

(18) The city commission may impose such reasonable terms and conditions on a commercial

medical marihuana facility special use as may be necessary to protect the public health, safety

and welfare, and to obtain compliance with the requirements of this article and applicable law.

(19) No facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors

beyond the boundaries of the property on which the facility is operated; or creating any other

nuisance that hinders the public health, safety and welfare of the residents of the City of Adrian.

On motion by Commissioner Heldt, seconded by Commissioner Gauss, this Ordinance

was approved by a 6-0 vote.

INTRODUCTION ...............................................................January 21, 2020

SUMMARY PUBLISHED ......................................................January 28, 2020

ADOPTION ......................................................................February 3, 2020

COMPLETED PUBLICATION ............................................

EFFECTIVE DATE..............................................................February 18, 2020

Ord. 20-003. First reading and introduction of an ordinance to amend Chapter 18, Article

II of the Adrian City Code of Ordinances, titled Community Development, to add a new

Division 3, Development and Tax Increment Financing Plan, Sections 18-54 and 18-55.

*Public Hearing Scheduled for February 17, 2020.

INTRODUCTION……………………………………. February 3, 2020

RESOLUTIONS

R20-015 - CITY COMMISSION– Resolution to appoint Chad Johnson to the Adrian City

Planning Commission for a three (3) year term

RESOLUTION

WHEREAS, a vacancy exists on the Adrian City Planning Commission; and

WHEREAS, Chad Johnson has expressed a willingness to serve on the Adrian City Planning

Commission; and

WHEREAS, the Adrian City Commission has given careful consideration to the appointment of

the above-named individual.

NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission does, hereby, approve

the appointment of Chad Johnson to the Adrian City Planning Commission for a three (3) year term.

On motion by Commissioner Watson, seconded by Commissioner Strayer, this

Resolution was approved by a 6-0 vote.

R20-016 - APPROVAL OF NEZ APPLICATION FOR 412 EAST MAPLE, CITY OF ADRIAN,

LENAWEE COUNTY, MICHIGAN, PURSUANT TO AND IN ACCORDANCE WITH THE

PROVISIONS OF THE NEIGHBORHOOD ENTERPRISE ZONE ACT, PUBLIC ACT 147 OF 1992

WHEREAS, the owner of real property at 412 East Maple Street, Adrian, Michigan, has

submitted an application for a Neighborhood Enterprise Zone Certificate for the construction of a new

home at 412 East Maple Street in the southeast neighborhood (NEZ District #1) of Adrian as

presented in the application on file; and

WHEREAS, the applicant is not delinquent in any taxes related to the facility; and

WHEREAS, the subject property, upon completion of the construction activities, will constitute

a new facility within the meaning of PA 147 of 1992; and

WHEREAS, the applicant has supplied to the City of Adrian all of the items for a Neighborhood

Enterprise Application Certificate, including the following: (a) general description of the facility; (b)

general description of the proposed use of the new facility; (c) description of the general nature and

extent of the construction to be undertaken, and (d) a time schedule for undertaking and completing

the construction of the new facility.

NOW, THEREFORE, BE IT RESOLVED: that the application for a Neighborhood Enterprise Zone

Certificate with regard to the rehabilitation of real property with Tax ID XAO-205-5002-00, City of

Adrian, Lenawee County, Michigan, within the previously established NEZ District #1, is hereby

approved for a period of fifteen (15) years per the City of Adrian NEZ Policy.

Lynne Punnett

Habitat

Thanked the commission for their continued support. Very excited about this project. This will be the

first new construction in a long time. It has been over 10 years since a new home has been built in

the City. In April they will be breaking ground at the corner of Locust and Maple.

On motion by Commissioner Strayer, seconded by Commissioner Gauss, this

Resolution was approved by a 6-0 vote.

R20-017 - DEPARTMENT OF FINANCE – APPROVAL of FY2019-20 SECOND QUARTER BUDGET

AMENDMENTS

RESOLUTION

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 FY2019-20 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, 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 Finance

Department to amend the FY2019-20 Budget in accordance with the attached schedule entitled City of

Adrian FY2019-20 Second 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, including an accrued

deficit, exceed total estimated revenues, including an available surplus.

On motion by Commissioner Roberts, seconded by Commissioner Strayer, this

Resolution was approved by a 6-0 vote.

R20-018 - UTILITIES DEPARTMENT – Wastewater Treatment Plant Bio-Solids Removal and

Land Application Contract Extension

WHEREAS the Adrian City Commission, by resolution CR16-030 dated June 6, 2016, through

the competitive bid process, authorized the engagement of Biotech Agronomics, Inc., of Beulah, MI in

the City’s Standard Professional Services Contract for removal and land application of bio-solids

generated at the Wastewater Treatment Plant, for a period of three (3) years with up to three (3) one-

year mutually agreeable contract extensions; and

WHEREAS the Adrian City Commission, by resolution R19-015 dated January 22, 2019,

approved the first of up to three one-year contract extensions to expire on December 31, 2019 at a

cost not to exceed $0.0334/gallon; and

WHEREAS Biotech Agronomics has offered a proposal for a second, one-year extension ending

December 31, 2020 at a cost not to exceed $0.0344/gallon; and

WHEREAS due to satisfactory performance, the Utilities Director recommends extension of the

contract for a one (1) year period ending December 31, 2020 at the proposed rate of $0.0344/gallon;

and

WHEREAS the City Administrator recommends approval of this resolution.

NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this resolution,

hereby authorizes the extension of the Bio-Solids Removal and Land Application contract with Biotech

Agronomics, Inc. of Beulah, MI, for a one (1) year period ending on December 31, 2020 at the

proposed rate of $0.0344/gallon.

BE IT FURTHER RESOLVED that, in the best interests of the City, the competitive bid process

be waived, in accordance with the City’s Purchasing Policy as specified in Chapter 12 of the City

Charter and Section 2-304 of the Codified City Ordinances.

On motion by Commissioner Roberts, seconded by Commissioner Strayer, this

Resolution was approved by a 6-0 vote.

R20-019 - UTILITIES DEPARTMENT –Water Treatment Plant Lime Residual Removal and

Land Application Contract Extension

WHEREAS the Adrian City Commission, by resolution R16-073 dated June 20, 2016, through

the competitive bid process, authorized the engagement of Biotech Agronomics, Inc., of Beulah, MI in

the City’s Standard Professional Services Contract for removal and land application of residual lime

generated at the Water Treatment Plant, for a period of three (3) years with up to three (3) one-year

mutually agreeable contract extensions; and

WHEREAS the Adrian City Commission, by resolution R19-014 dated January 22, 2019,

approved the first of up to three one-year contract extensions to expire on December 31, 2019 at a

cost not to exceed $168,300.00 for removal of 15,000 yd

from the front lagoon and $16.22/yd

from

the back lagoon; and

WHEREAS Biotech Agronomics has offered a proposal for a second, one-year extension ending

December 31, 2020 at a cost not to exceed $175,032.00 for removal of 15,000 yd

from the front

lagoon and $16.90/yd

from the back lagoon; and

WHEREAS due to satisfactory performance, the Utilities Director recommends extension of the

contract for a one (1) year period ending December 31, 2020 at the proposed rate of $175,032.00 for

the front lagoon and $16.90/yd

for the back lagoon; and

WHEREAS the City Administrator recommends approval of this resolution.

NOW THEREFORE BE IT RESOLVED that the Adrian City Commission, by this resolution,

hereby authorizes the extension of the Lime Residual Removal and Land Application contract with

Biotech Agronomics, Inc. of Beulah, MI, for a one (1) year period ending on December 31, 2020 at the

proposed rate of $175,032.00 for the front lagoon and $16.90/yd

for the back lagoon.

BE IT FURTHER RESOLVED that, in the best interests of the City, the competitive bid process

be waived, in accordance with the City’s Purchasing Policy as specified in Chapter 12 of the City

Charter and Section 2-304 of the Codified City Ordinances.

On motion by Commissioner Watson, seconded by Commissioner Roberts, this

Resolution was approved by a 6-0 vote.

R20-020 - PARKS & ENGINEERING SERVICES DEPARTMENT – BALL, SOCCER, AND

FOOTBALL FIELD RENTAL RATES

RESOLUTION

WHEREAS the City of Adrian Parks & Engineering Services Department has completed a review

of the current ballfield rental rates throughout our City owned parks; and

WHEREAS it is believed that with the expansion of the Adrian Area Little League to include

support from the Adrian Public Schools that ballfield usage will be highly desirable this year; and

WHEREAS, there was no rental schedule developed for frequently used soccer and football

fields, the proposed rates now include soccer and football field rates to maximize use and revenue for

City fields; and

WHEREAS ballfield rates have been split into three categories; Local Teams (City of Adrian &

Lenawee County), Non-Local Teams and Outside Event Organizers, and Charitable or Non-Profit

Groups; and

WHEREAS each ballfield category includes pricing for weekday practices, weekday games, and

daily tournament costs; and

WHEREAS soccer and football field rates have been categorized by size and type; and

WHEREAS soccer and football field rates are discounted 40% for charitable or non-profit

organizations. (Specific information may be reviewed with the memo attachment).

NOW THEREFORE BE IT RESOLVED that the Adrian City Commission by this resolution hereby

accepts the proposed ballfield, soccer, and football field rental rate alterations.

On motion by Commissioner Heath, seconded by Commissioner Roberts, this

Resolution was approved by a 6-0 vote.

Mayor Heath clarified the confusion regarding the fee between a City of Adrian resident and

a non-local resident. She went on to explain that a non-local resident that lives in the

County would pay a different fee than a City of Adrian resident.

R20-021 - HUMAN RESOURCES DEPARTMENT – Technical, Professional, and Office Workers

of Michigan (TPOAM) Union Contract Settlement

RESOLUTION

WHEREAS, the City of Adrian has recognized and engaged in collective bargaining with the

Technical, Professional, and Office Workers of Michigan (TPOAM) Union; and

WHEREAS, through good faith bargaining on the part of both parties, an agreement has been

reached covering the period from July 1, 2019 and including June 30, 2023, and is recommended for

approval by the City Administrator; and

WHEREAS, the terms of said agreement include the following:

1. The parties agree to the contract becoming effective upon ratification by both parties to and

including June 30, 2023 (4 years).

2. The terms of the contract shall be the same as the previous contract, as amended by this

Agreement.

3. Effective as soon as practicable after ratification, the pension multiplier shall be bridged for all

members of the bargaining unit to 2.00% with Final Average Compensation being calculated

on the basis of the Frozen FAC method.

4. Following ratification, new hires shall be enrolled in a Defined Contribution Pension Plan

through MERS. Provisions of the plan shall be as follows:

• Employer contribution 5%; employee contribution 5% (pre-tax)

• Fully vested after 5 years (participants will be credited with one vesting year for each 12-

months of continuous employment from the date of hire).

5. Wages:

Year 1 (at ratification): 5%

Year 2 (July 1, 2020): 4%

Year 3 (July 1, 2021): 3%

Year 4 (July 1, 2022): 2%

6. Effective the next possible payroll following ratification, employees shall receive a one-time

lump sum signing bonus in the amount of $1,000.

7. Employees shall be paid any step increases previously withheld under Public Act 54 on the

next possible payroll following ratification (retroactive to the employee anniversary date).

8. Effective at ratification, employees in pension divisions 10 and 22 shall begin contributing an

additional 1% of wages into their pension.

9. Effective July 1, 2021 (year 3 of the agreement), employees in divisions 10 and 22 shall begin

contributing an additional 1% of wages into their pension.

10. Effective July 1, 2022 (year 4 of the agreement), employees in pension 10 and 22 shall begin

contributing an additional 1% of wages into their pension.

11. Amend Article VIIIA- Temporary Employees, Section 1: All seasonal/temporary employees

shall be paid at a rate of $12.00 per hour.

12. Article XIV, Overtime, Section 1 (a): Rewrite as follows:

(a) Time worked in excess of eight (8), nine (9), or ten (10) hours in any one day, depending

on work schedule in place at that time.

13. Article XIV, Overtime, Section 6: Rewrite as follows:

(a) Plant Operators who are not scheduled to work will be called by seniority, senior Plant

Operator first, whose assignment will not result in working consecutive shifts.

(b) Plant Operators by seniority will be called where consecutive shifts will result

whose assignment will not result in working consecutive shifts.

(d) Mechanic Relief Operators will be called by seniority, senior Mechanic Relief Operator first,

whose assignment will result in working consecutive shifts.

(e) If either a Plant Operator or Mechanic Relief Operator is unavailable to work, the previous

shift will be held over for not more than 16 consecutive hours to work the shift in

question.

• Consecutive shifts shall be defined as 16 hours

14. Amend Article XVI, Vacation, Section 4 as follows:

Vacation may be accumulated up to eight (8) weeks, but granting of more than two (2)

consecutive weeks of vacation is at the discretion of the department head, subject to the

approval of the City Administrator.

15. Amend Article XVI, Vacation, Section 8: Revise 1

sentence as follows:

If two (2) or more employees request permission to take their vacation at the same time,

preference shall be given to the employee with the greater amount of seniority, provided the

request was made prior to February 14

16. Amend Article XVII, Holidays, Section 1: Add Good Friday.

17. Amend Article XVII, Holidays, Section 1: Eligible employees shall also have two (2) paid

personal holidays, provided that said days shall be subject to approval of the employee’s

immediate supervisor with five (5) workdays notice where possible.

18. Amend Article XVIII, Sick Leave, Section 1: Regular, full-time seniority employees will earn

sick leave days at the rate of six (6) days per calendar year (pro-rated monthly) for each

month the employee worked at least one day for the City, to a maximum of twenty-five (25)

days. A day….

19. Article XIX, Special Leave, Section 1: Rewrite as follows:

Employees will be paid their regular City wages for training opportunities approved by the

Department Head which occur during normal work hours. In the event the employee has to

drive to training, they will be compensated according to the schedule below.

While it is recognized the City has the right to require attendance of employees at training

sessions, it is agreed that if attendance is required during off-duty hours, the employees will

receive compensatory time for such time spent in the training session. In the event an

employee is required to travel more than thirty (30) miles from the City of Adrian for such

training, travel time will be compensated according to the following schedule:

Distance from Adrian

to Training Location

Paid Travel Time

0 - 30 Miles

31 - 60 Miles

1 hour comp time

61 - 90 Miles

2 hours comp time

91 - 120 Miles

3 hours comp time

Over 120 Miles

City to pay for lodging (and three

hours comp time)

The City shall continue to make every effort (short of creating an overtime situation) to

schedule third shift plant operators for the first or second shift so they will not have to work on

the third shift the night before they are to take an examination for their license or attend a

scheduled training.

20. Amend Article XIX, Special Leave, Section 2 as follows:

In the event of a death in an employee’s immediate family, the City provides three (3) days of

paid bereavement leave. Immediate family includes spouse, child, parent, grandchild,

grandparent, brother, sister, half-brother, half-sister, or the spouses of any of them, brother-

in-law, sister-in-law and all such relationships established by marriage (i.e. “step”, “in-law”),

or arising from adoption or other legal arrangement such as guardianship.

In addition, one (1) day of paid leave will be provided for the death of maternal and paternal

aunts, uncles, nieces, nephews, ex-spouse, and the maternal and paternal aunts,

uncles, nieces and nephews of the ex-spouse.

21. Amend Article XXIX, Wage and Salary Schedule, Section 4: All employees in PSE

Classifications, and the Mechanic at the DPW Garage must have a valid CDL License (new

hires must obtain within 90-days). The City…

22. Parks & Forestry and Cemetery shall be designated as separate departments wherever

referenced in the agreement, including seniority and representation sections.

23. Remove “tree climber” from PSE IV Classification. Add “cemetery, Heritage Park, and

Street Sweeper” employees to PSE IV Classification language.

24. Clean up contract language to remove all references to “PSE I, PSE II, PSE III-A, PSE III-B”.

25. Any outstanding language items for which a tentative agreement is reached.

NOW, THEREFORE, BE IT RESOLVED that the Collective Bargaining Agreement between the

City of Adrian and the Technical, Professional, and Office Workers Association of Michigan (TPOAM) is

hereby approved, and the Mayor and City Clerk are authorized to execute said agreement on behalf of

the City of Adrian.

On motion by Commissioner Gauss, seconded by Commissioner Strayer, this

Resolution was approved by a 6-0 vote.

MOTION TO ADJOURN 7:17 PM

On motion by Commissioner Strayer, seconded by Commissioner Roberts, the motion

to adjourn was approved by an all yes vote.

The next regular meeting of the Adrian City Commission will be held at 7:00 pm on Monday,

February 17, 2019 at the City Chambers Building, 159 E. Maumee Street, Adrian, MI 49221.

Angela Heath Robin Connor

Mayor City Clerk

MINUTES

ADRIAN CITY COMMISSION

SPECIAL MEETING

February 3, 2020 @ 5:30PM

The Commission began the special meeting at 5:30 pm.

Official proceedings of the February 3, 2020 special meeting of the City Commission, Adrian,

Michigan.

The special meeting was opened with a moment of silence followed by the Pledge of

Allegiance.

Mayor Heath in the Chair

PRESENT: Mayor Heath &, Commissioners Heldt, Roberts, Strayer, Watson and Gauss.

III. DISCUSSION OF COLLECTIVE BARGAINING AGREEMENT

Mayor Heath commented that as a negotiating party the city has the option to request a

closed hearing for strategy and negotiation sessions connected with the negotiation of a

collective bargaining agreement.

Mayor Heath asked for a motion to go into closed session under Section 8c of the

Open Meetings Act.

A motion was made by Commissioner Gauss to go into closed session with the

individuals assigned to the city negotiating team to discuss the collective bargaining

agreement for TPOAM. This motion was seconded by Commissioner Heldt. The motion to

go into closed session was approved by a 6-0 vote.

MOTION TO ADJOURN

On motion by Commissioner Watson, seconded by Commissioner Strayer, the motion

to adjourn the special meeting was approved by an all yes vote.

CHECK REGISTER

February 17, 2020

I have examined the attached vouchers and recommend approval of them for

payment.

__________________________________

Nathan Burd

City Administrator

NB: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 ................................................................

......

$0.00

General Fund

Vouchers #24243 through #24252

................................

$14,424.77

Clearing Account Vouchers

amounting to.............................................................

$989,572.50

TOTAL EXPENDITURES ................................

.............................

$1,003,997.27

On motion by Commissioner , seconded by

Commissioner , this resolution was ____________

by a _______ vote.

Februar

17, 2020 GENERAL FUND

CHECK REGISTER

CHECK# AMOUNT PAYEE DESCRIPTION

24243 -$ City of Adrian Utilities EFT Payment

24244 -$ City of Adrian Utilities EFT Payment

24245 65.00$ State of Michigan Plate Renewals

24246 3,006.55$ Kent Communications, Inc. Postage - Assessment Notices

24247 1,720.67$ Lenawee Fuels, Inc. Fuel - Oakwood Cemetery

24248 1,331.26$ Kent Communications, Inc. Postage - City Brochures

24249 7,414.05$ Nola's Transportation Dart Payroll - 2/14/20

24250 887.24$ Avery Oil & Propane Fuel - Miles Drive

24251 -$ City of Adrian Utilities EFT Payment

14,424.77$

-$ Less : Check

14,424.77$

February 17, 2020

INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF ADRIAN, MICHIGAN

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DB: Adrian

EXP CHECK RUN DATES 02/17/2020 - 02/17/2020

BOTH JOURNALIZED AND UNJOURNALIZED

BOTH OPEN AND PAID

Amount Rejected

Amount Owed

Amount Claimed

Claimant

2,140.00

AARON HUNT

6,512.22

ACCUMED GROUP

14,972.31

ADRIAN CHARTER TOWNSHIP

259.00

ADRIAN COMMUNICATIONS

754.46

ADRIAN ELECTRIC & GENERATOR

349.00

ADRIAN FABRICARE CENTER INC.

20.17

ADRIAN HARDWARE & SUPPLY CO

6,199.57

ADRIAN MECHANICAL SERVICES CO

1,193.57

ADRIAN NAPA

54.75

ADRIAN PAINTERS SUPPLY & EQUIPMENT

10.

20.95

ADRIAN WATER CONDITIONING INC

11.

128.24

ADVANCE AUTO PARTS COMMERCIAL CHRG

12.

300.00

ALL AMERICAN SEWER & DRAIN

13.

177.28

AMERICAN OFFICE SOLUTIONS, INC.

14.

66.99

ANN ARBOR WELDING SUPPLY

15.

157.00

APPLE MAT RENTAL

16.

2,297.01

AUMA ACTUATORS INC

17.

29.98

AUTO ZONE COMMERCIAL

18.

473,427.60

BANK OF NEW YORK MELLON

19.

7.18

BATTERY WHOLESALE

20.

1,543.61

BELL FORD-LINCOLN, INC.

21.

27.49

BIG C LUMBER

22.

424.00

BRAD HUSAK

23.

1,975.36

BRAKES-N-MORE

24.

1,238.45

BRONDES FORD LINCOLN OF MAUMEE

25.

283.95

BUCK & KNOBBY EQUIP CO INC

26.

201.26

CANON SOLUTIONS AMERICA

27.

5,815.33

CARTER LUMBER

28.

6,127.00

CARUS CORPORATION

29.

13.90

CASTEELE, BARBARA

30.

671.86

CDW-G COMPUTER SUPPLIES

31.

187.92

CERTIFIED LABORATORIES

32.

6,692.28

CHEMTRADE CHEMICALS

33.

10.75

COY, MANDY

34.

2,428.36

CROSSROADS SHOPPING CENTER

35.

90.00

D PRINTER, INC.

36.

1,774.83

D&P COMMUNICATIONS, INC.

37.

30.76

DELEON, IRMA

38.

17,281.27

DETROIT SALT

39.

3,657.63

DINGES FIRE COMPANY

40.

9,330.49

DUKE'S ROOT CONTROL INC

41.

6,140.75

EJ USA, INC.

42.

591.00

EMERGE

43.

796.58

EMERGENCY MEDICAL PRODUCTS INC

44.

175.00

EMERGENT RESPIRATORY

45.

25,000.00

ENVIRONMENTAL SYSTEMS

46.

20.07

ERIC ADAMS

47.

383.43

FAMILY FARM AND HOME

48.

762.98

FASTENAL COMPANY

49.

294.02

FORT MEIGS AUTO ELECTRIC

50.

INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF ADRIAN, MICHIGAN

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DB: Adrian

EXP CHECK RUN DATES 02/17/2020 - 02/17/2020

BOTH JOURNALIZED AND UNJOURNALIZED

BOTH OPEN AND PAID

Amount Rejected

Amount Owed

Amount Claimed

Claimant

37.00

FSSOLUTIONS

51.

6.99

GALLANT & SON

52.

728.22

GALL'S LLC

53.

275.00

GLOBAL ENVIROMENTAL CONSULTING LLC

54.

85.07

GRAINGER INC.

55.

5,720.00

GRAYMONT WESTERN LIME INC.

56.

45.55

GREAT LAKES ACE

57.

546.00

GREAT LAKES SECURITY

58.

1,102.00

HADDEN TIRE COMPANY

59.

1,879.88

HALLAHAN & ASSOCIATES, PC

60.

4,256.00

HENAGAN & ASSOCIATES PLLC

61.

21.99

HOBBY LOBBY

62.

572.16

HORST TIRE LLC

63.

180.00

INSIGNIA GRAPHICS, INC.

64.

537.63

JACK DOHENY SUPPLIES INC

65.

544.40

JACKSON TRUCK SERVICE INC.

66.

8,632.81

K & B ASPHALT SEALCOATING, INC

67.

100.00

KIWANIS CLUB OF ADRIAN

68.

14.73

KONICA MINOLTA BUSINESS SOLUTIONS

69.

140.49

LANSING SANITARY SUPPLY INC

70.

1,115.48

LENAWEE COUNTY PRINTER

71.

2,481.00

LENAWEE MEDIA GROUP

72.

201.98

LENAWEE TIRE & SUPPLY CO, INC.

73.

211.00

LLOYD'S REPAIR SERVICE

74.

1,300.40

LOWE'S CREDIT SERVICES

75.

418.75

LYDEN OIL COMPANY

76.

1,008.00

MATHESON TRI-GAS, INC.

77.

21.93

MCGOWAN ELECTRIC SUPPLY INC

78.

1,320.00

MFI MEDICAL EQUIPMENT, INC.

79.

30.00

MICHIGAN FIRE INSPECTOR'S SOCIETY

80.

57,119.00

MICHIGAN MUNICIPAL WORKER'S

81.

1,349.98

MICHIGAN PIPE & VALVE INC

82.

2,295.00

MICHIGAN SECTION-AWWA

83.

336.00

MICHIGAN STATE UNIVERSITY

84.

25.00

MICHIGAN-SHIGA SISTER STATE

85.

66.24

MT BUSINESS TECHNOLOGIES, INC

86.

143,052.47

MUNICIPAL EMPLOYEES' RETIRE

87.

211.19

NATHAN KANE

88.

50.19

OHIO CAT

89.

130.00

OLIVER OF ADRIAN, INC.

90.

80.00

PACE ANALYTICAL SERVICES

91.

52.45

PEERLESS SUPPLY INC

92.

273.00

PREIN & NEWHOF ENGINEERS

93.

1,701.70

PROFESSIONAL PUMP INC

94.

390.50

PRO-MED UNIFORM

95.

183.97

QUILL CORPORATION

96.

156.53

R&R FIRE TRUCK REPAIR, INC.

97.

56.10

REDLINE EQUIPMENT

98.

420.00

REGIONAL WATER AUTHORITY

99.

9,424.00

ROPES & RIGGING TREE SERVICE, LLC

100.

INVOICE APPROVAL BY VENDOR REPORT FOR CITY OF ADRIAN, MICHIGAN

3/3

Page:

02/11/2020 02:58 PM

User: NOWEN

DB: Adrian

EXP CHECK RUN DATES 02/17/2020 - 02/17/2020

BOTH JOURNALIZED AND UNJOURNALIZED

BOTH OPEN AND PAID

Amount Rejected

Amount Owed

Amount Claimed

Claimant

393.63

SHARE CORPORATION

101.

343.35

SHERWIN-WILLIAMS CO

102.

897.20

SPECTRUM PRINTERS INC

103.

324.24

SPENCER MANUFACTURING INC.

104.

301.00

STATE INDUSTRIAL PRODUCTS

105.

497.19

STEVENS DISPOSAL

106.

120.00

TAMARIS HENAGAN

107.

12.51

THEE OLD MILL LLC

108.

410.79

THOMSON WEST

109.

44.22

TIM ROBERTS

110.

301.00

TOBY'S INSTRUMENT SHOP INC

111.

500.00

TOTAL ENERGY SYSTEMS, LLC

112.

4,070.00

TRAILER SALES OF MICHIGAN

113.

3,426.09

TRI-COUNTY INTERNATIONAL TRUCKS INC

114.

5,830.00

TTB CLEANING LLC

115.

780.38

ULINE

116.

3,397.11

UNIQUE PAVING MATERIALS CORP

117.

145.62

USA BLUEBOOK

118.

1,344.00

UTILITIES INSTRUMENTATION SERVICE I

119.

5,522.06

VAN BRUNT TRANSPORT INC

120.

350.00

VAN ERT'S, LLC

121.

792.52

VERIZON WIRELESS

122.

101,175.81

VISU-SEWER, INC.

123.

2,000.00

W L E N RADIO

124.

256.52

WATSON-MARLOW INC

125.

210.00

WEBER CENTER

126.

8.90

WILLMS, TIFFANY

127.

907.00

WORKSPHERE OCCUPATIONAL MEDICINE

128.

1,265.97

ZEP MANUFACTURING CO

129.

989,572.50

***TOTAL ALL CLAIMS***

REGULAR AGENDA

SO-1 February 17, 2020

SPECIAL ORDER

The Mayor called for the hearing and consideration of comments regarding the consideration

of the proposed Amendment No. 1 to the Development and Tax Increment Financing Plan.

Discussion

When the Mayor call for final objections___________________________________

________________________________________________________________________

and he declared the hearing closed.

Amendment No. 1 to the

Development and Tax Increment Financing Plan for the

Downtown Development Authority of the City of Adrian

I. INTRODUCTION

The City of Adrian’s Development and Tax Increment Financing Plan (the “Plan”) was

approved by the Downtown Development Authority (“DDA”) on January 23, 1990, and adopted

by the City Commission, after public hearing, on March 5, 1990. The plan provided for its duration

to be thirty (30) years. To date, the plan has functioned well, and the boundaries of the DDA

have remained consistent. The Tax Increment Financing Plan (TIF) has remained necessary to

addressing the conditions noted in the Development Plan and in achieving its goals. The purpose

of this first amendment is to extend the life of the Plan for five (5) years, until March 5, 2025.

II. CONDITIONS TO BE ADDRESSED

The Plan noted the following existing conditions that needed to be addressed:

• Deteriorated/blighted buildings. Within the boundaries of Adrian’s Historic District,

such buildings should be rehabilitated, particularly if they are classified as significant

(“pivotal”) structures.

• Uses “inappropriate” to the downtown area, i.e. uses that occupy relatively large land

areas without generating significant pedestrian and/or economic activity that inter-

relates with other downtown businesses.

• Lack of expansion opportunities for appropriate downtown businesses that want to

grow within the downtown area.

• Parcel sizes and ownership patterns which make assembly of economically feasible

development parcels for desired uses (e.g. office; housing) difficult.

• Inadequate parking capacity to support an increased concentration of activity in

downtown’s “core” area and to make more intensive/productive use of existing

buildings possible.

While progress has been made on these issues, particularly parking capacity, the conditions

remain significant issues to be addressed, particularly deteriorated and blighted properties and

inappropriate uses in the downtown core.

III. GOALS

The Plan identified several broad goals, namely:

• To accommodate and encourage the development of central business, government, shopping,

entertainment, cultural, recreational and residential functions in order to strengthen downtown’s

role as a focus of economic and social activity for the community and the region (Lenawee

County).

• To encourage a more significant scale of private reinvestment in the downtown area including

new construction and the substantial rehabilitation of existing buildings—especially the return of

vacant or underutilized upper story space to productive use.

• To build a base of market support for existing and expanded retail and service use (including

restaurant and entertainment) within the downtown area by encouraging the expansion of

downtown’s employee, resident and visitor populations.

• To improve the quality of downtown’s public environment (streets, sidewalks, parking and open

spaces) and its pedestrian orientation.

These remain important goals for the Development Area.

IV. STRATEGIES

Strategies, identified by the Plan, to accomplish the desired goals include:

• Expand office and residential uses within the Development Area as a strategy for building market

support for the retail and business service uses

• Allow higher densities of office, retail, housing and entertainment development within this zone.

• Provide public access and recreational open spaces along the Raisin River.

• Modify the front yard setback requirements in the Office Service (OS-1) and Local Business (B-1)

zones within the Development Area to disallow off-street parking within the setback and/or the

front yard.

• That development within the “core” area of downtown be allowed to be no less than two stories

in height to insure the maintenance of an urban development pattern and the efficient utilization

of land.

• The formulation of new ordinances governing minimum landscape standards and the design and

placement of signs within the Development Area is recommended.

• Existing improvements may be removed or altered.

• A variety of planning and marketing activities should be undertaken.

• Public improvements within the Development Area will be used as a catalyst for implementing

specific private investment commitments and/or which are not related to specific private

investments, but benefit the Development Area more generally.

• The DDA may, based on the goals and processes established in the TIF Plan, work with the City to

pursue a cooperative improvement effort in the Development Area.

• The DDA may option or acquire title to private properties in the Development Area to

accomplish the objectives of the Development Plan by reversing blight and creating

opportunities for significant new private investment.

These strategies remain valid and appropriate for accomplishing the Plan’s goals and

objectives. The Plan established a Public Improvements Program process as its implementation

mechanism, and this process remains valid.

V. TIF PLAN

Funds from the Plan’s tax increment revenues are critical to achieving the Plan’s

continuing mission. For a variety of reasons, actual tax increment revenues have lagged behind

the Plan’s projections. Exhibit 1 to this Amendment details the revenues collected by the TIF to

date and the anticipated revenues to be generated over the five-year term of this extension.

Because the Plan’s goals, and the strategies for their achievement, remain relevant and partially

unrealized, and because overall tax increment revenues have not been as substantial as had been

originally envisioned, it is important for the tax capture to continue, uninterrupted, during the

term of this extension.

VI. EXTENSION OF THE PLAN

By way of this first amendment, the term of the Plan is extended for five (5) years, until

March 5, 2025.

On Motion by Commissioner _______ seconded by Commissioner _________, this

Ordinance was ______________ by a ____ vote.

DOWNTOWN AREA CITIZENS’ COUNCIL RECOMMENDATION: 12-19-2019

DOWNTOWN DEVELOPMENT AUTHROITY RECOMMENDATION: 01-08-2020

INTRODUCTION OF ORDINANCE OF APPROVAL BY CITY COMMISSION: 02-03-2020

SUMMARY PUBLISHED:

PUBLIC HEARING HELD:

ADOPTION OF ORDINANCE OF APPROVAL BY CITY COMMISSION:

COMPLETE PUBLICATION:

EFFECTIVE DATE:

ORDINANCE NO. 20-003

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF ADRIAN BY

AMENDING THE CODE OF ORDINANCES, CITY OF ADRIAN, MICHIGAN AS

PROVIDED FOR HEREIN

The City of Adrian Ordains That CHAPTER 18, COMMUNITY DEVELOPMENT, ARTICLE

II, DOWNTOWN DEVELOPMENT, be amended to add a new DIVISION 3, DEVELOPMENT

AND TAX INCREMENT FINANCING PLAN, SECTIONS 18-54 & 18-55, to read as follows:

Chapter 18 – COMMUNITY DEVELOPMENT

ARTICLE II. – DOWNTOWN DEVELOPMENT AUTHORITY

SEC. 18-51. - CREATED.

A downtown development authority is hereby created in the city pursuant to Public Act No. 197

of 1975 (MCL 125.1651 et seq.).

SEC. 18-52. - BOUNDARIES.

The boundaries of the downtown development authority shall be as follows:

(1) Original plat:

Lots 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 30,

31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 59, 60, 61, 62,

63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,

89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110,

111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129,

130, 131, 133, 135, 137, 139, 141, 181, 182, 183, 184, 185, 186, 187, 189, 190, a strip of land 20

feet wide between lots 190 and 191, 191, 192, 193 and 194.

(2) James Berry's subdivision of the Comstock Homestead:

Lots 1—43.

(3) Assessor's plat no. 1:

Block 2, lots 1—12.

(4) Assessor's plat no. 2:

Block 1, lots 1—17; block 2, lots 1—9; block 3, lots 1—7; block 4, lots 1, 2 and 3; and block 7,

lots 1—4.

(5) Assessor's plat no. 3:

Block 1, lots 1—6.

(6) Assessor's plat no. 11:

Block 1, lot 1; block 2, lots 1—12; and block 3, lots 1—4.

(7) Assessor's plat no. 14:

Lots 2, 3, 4 and 5, except a portion of a lot described as beginning at the southwest corner of lot

2, thence north 78° 44′ east 110 feet; thence north 11° 05′ west 78 feet; thence north 86° 15′ west

50.2 feet; thence south 22° 55′ west 109.8 feet to the point of beginning, known as 402 West

Maumee Street.

(8) Nixon's subdivision of village lot in the city:

Lots 1 and 2.

(9) Other land bound on the north by the south line of East Maumee Street, on the east by the

west line of South Broad Street, on the south by lots 64 and 65 of the original plat and on the

west by lot 35 of the original plat (Masonic Temple).

(10) Land bound on the west by the east line of Wolverton (or College Avenue), on the north

by the south line of West Maumee Street, on the east by the west line of South Winter Street and

on the south by the north line of James Berry's subdivision to the Comstock Homestead.

SEC. 18-53. - OPERATION.

The downtown development authority shall have the powers and duties, and shall operate as

provided in Public Act No. 197 of 1975 (MCL 125.1651 et seq.).

DIVISION 3. – DEVELOPMENT AND TAX INCREMENT FINANCING PLAN.

SEC. 18-54 – FINDINGS

1. A Development and Tax Increment Financing Plan (the “TIF Plan”) was approved by

the Adrian Downtown Development Authority (“DDA”) on January 23, 1990 and

approved by the City Commission for the City of Adrian on March 5, 1990, after a

public hearing held on that date.

2. The TIF Plan was initially approved for 30 years, with an expiration date of March 5,

2020.

3. The City has developed Amendment No. 1 to the TIF Plan (“Amendment No. 1”), on

file with the City Clerk, extending the life of the TIF Plan until March 5, 2025, because

it has found that the conditions that led to the adoption of the TIF Plan continue to

prevail and because the goals and strategies outlined in the TIF Plan continue to be

appropriate for and beneficial to the DDA.

4. On December 19, 2019, after an opportunity for input, the Adrian Downtown Area

Citizens Council approved a resolution to recommend approval of Amendment No. 1.

5. At the January 8, 2020 meeting of the DDA, its board passed a resolution to recommend

approval of Amendment No. 1 to the TIF Plan.

6. The TIF Plan, as amended by Amendment No. 1, meets the requirements set forth in

Act 57 of the Public Acts of 2018, the Recodified Tax Increment Financing Act, as

amended (the “Act”).

7. Public services, such as fire and police protection and utilities, remain adequate to

service the DDA district.

8. The TIF Plan, as amended by Amendment No. 1, constitutes a continuing public

purpose.

9. The City Commission has set a public hearing for Monday, February 17, 2020 on the

ratification of the TIF Plan and consideration of approval of Amendment No. 1, as

required by the Act before adoption of that amendment.

SEC. 18-55 - DETERMINATION, RATIFICATION, AND ADOPTION

Based on the foregoing findings, the City Commission ratifies the TIF Plan and adopts

Amendment No. 1 thereto to be effective in accordance with Section 7.5 of the City

Charter.

INTRODUCTION......................................................................

SUMMARY PUBLISHED............................................................

ADOPTION................................................................................

COMPLETE PUBLICATION............................................................

EFFECTIVE DATE......................................................................

On Motion by Commissioner _______ seconded by Commissioner _________, this Ordinance

was ______________ by a ____ vote.

February 11, 2020

MEMORANDUM

TO: Honorable Mayor and City Commission

FROM: Gregory M. Elliott, AICP

Director – Community Development

RE: 1370 Divisions St. – Proposed Rezoning

B-4 Shopping Center District to B-2 Community Business District

The applicant is requesting rezoning of a portion of the Meijer lot (outlined in red), which it intends

to purchase. They are proposing a small commercial strip center with a drive through for a food

service establishment. The B-4 District does not allow for drive-through restaurants, whereas the

B-2 District does. It is also the case that the B-4 District effectively requires larger lot sizes because

of the setbacks associated with that district, which is intended for large-scale developments. The

area surrounding Meijer, as well as the area surrounding Adrian Mall, has developed with a number

of smaller, commercial outlots over time. Likewise, the area south of US-223 in Madison Township

is characterized by a number of smaller, commercial sites, including drive through uses. Thus, the

Planning Commission concurred with staff that a smaller commercial site such as the applicant

proposes to create is consistent with the Future Land Use Plan.

At the Regular Meeting of the City of Adrian Planning Commission held on February 4, 2020, the

Planning Commission adopted the attached resolution to recommend approval of this rezoning to

the City.

Division

Barrington

217

1368

1369

1340

254

244

1357

1348

244

1340

1341

ORDINANCE NO. 20-003

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF ADRIAN, BY

AMENDING THE CITY OF ADRIAN ZONING ORDINANCE AS PROVIDED FOR HEREIN.

The City of Adrian Ordains:

1. That Section 3.1 of Article III of the City of Adrian Zoning Ordinance,

and the Zoning Map to which reference is therein made, is amended to

the extent of Rezoning the following property hereinafter described from

B-4, Shopping Center District, to B-2, Community Business District.

2. Parcel described as follows:

A PART OF THE SOUTHEAST ¼ OF SECTOIN 11, TOWN 7 SOUTH, RANGE

3 EAST, CITY OF ADRIAN, LENAWEE COUNTY, MICHIGAN, BEING MORE

DESCRIBED AS: COMMENCING AT THE SOUTH ¼ CORNER OF SAID

SECTION 11; THNCE N 01°43’00” W 337.29 FEET ALONG THE NORTH-

SOUTH ¼ LINE OF SAID SECTION 11 ALSO BEING THE CENTERLINE OF

DIVISION STREET (66 FEET WIDE R.O.W.; THENCE S 88°10’14” W

33.00 FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE

WESTERLY RIGHT-OF-WAY LINE OF SAID DIVISIONS STREET; THENCE

S 88°10’14” W, 285.89 FEET; THENCE N 01°43’00” W, 143.71 FEET;

THENCE ON A CURVE TO THE RIGHT 21.95 FEET (RADIUS=14.00’,

CHD.= 19.77 FEET, CHD. BRG.= N43°12’02” E) THENCE N 88°07’05” E,

99.31 FEET; THENCE S 80°39’33” E, 66.03 FEET; THENCE N 88°08’30”

E, 94.97; THENCE S 74°48’34” E, 13.43 FEET TO A POINT ON THE

WESTERLY RIGHT-OF-WAY LINE OF SAID DIVISIONS STREET; THENCE

S 01°43’00” E ALONG SAID DIVISION STREET 141.10 FEET TO THE

POINT OF BEGINNING, CONTAINING 43,243.01 S.F. OR .099 ACRE AND

SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.

3. More commonly known as: 1370 Division St. (XA0-100-0006-07).

INTRODUCTION……………………………………………………………………… . February 17, 2020

SUMMARY PUBLISHED .....................................................

ADOPTION .....................................................................

COMPLETED PUBLICATION ...............................................

EFFECTIVE DATE .............................................................

On Motion by Commissioner___________, supported by Commissioner ______ ,

this ordinance was adopted by a __________vote.

R20-022 February 17, 2020

RE: CITY COMMISSION– Resolution to appoint Charles Chase to the Adrian City

Ethics Board for a three (3) year term

RESOLUTION

WHEREAS, a vacancy exists on the Adrian City Ethics Board; and

WHEREAS, Charles Chase has expressed a willingness to serve on the Adrian City

Ethics Board; and

WHEREAS, the Adrian City Commission has given careful consideration to the

appointment of the above-named individual.

NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission does, hereby,

approve the appointment of Charles Chase to the Adrian City Ethics Board for a three (3)

year term.

On motion by Commissioner ___________________________, seconded by

Commissioner _____________________________, this resolution was _______________

by a _________________ vote.

R20-023 February 17, 2020

RE: CITY COMMISSION– Resolution to appoint Kyle O’Connor to the Adrian City

Ethics Board for a two (2) year term

RESOLUTION

WHEREAS, a vacancy exists on the Adrian City Ethics Board; and

WHEREAS, Kyle O’Connor has expressed a willingness to serve on the Adrian City

Ethics Board; and

WHEREAS, the Adrian City Commission has given careful consideration to the

appointment of the above-named individual.

NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission does, hereby,

approve the appointment of Kyle O’Connor to the Adrian City Ethics Board for a two (2) year

term.

On motion by Commissioner ___________________________, seconded by

Commissioner _____________________________, this resolution was _______________

by a _________________ vote.

R20-024 February 17, 2020

RE: CITY COMMISSION– Resolution to appoint Richelle Carson-Emmendorfer to

the Adrian City Ethics Board for a two (2) year term

RESOLUTION

WHEREAS, a vacancy exists on the Adrian City Ethics Board; and

WHEREAS, Richelle Carson-Emmendorfer has expressed a willingness to serve on the

Adrian City Ethics Board; and

WHEREAS, the Adrian City Commission has given careful consideration to the

appointment of the above-named individual.

NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission does, hereby,

approve the appointment of Richelle Carson-Emmendorfer to the Adrian City Ethics Board

for a two (2) year term.

On motion by Commissioner ___________________________, seconded by

Commissioner _____________________________, this resolution was _______________

by a _________________ vote.

R20-025 February 17, 2020

RE: CITY COMMISSION– Resolution to appoint Sharese Mathis to the Adrian City

Ethics Board for a one (1) year term

RESOLUTION

WHEREAS, a vacancy exists on the Adrian City Ethics Board; and

WHEREAS, Sharese Mathis has expressed a willingness to serve on the Adrian City

Ethics Board; and

WHEREAS, the Adrian City Commission has given careful consideration to the

appointment of the above-named individual.

NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission does, hereby,

approve the appointment of Sharese Mathis to the Adrian City Ethics Board for a one (1)

year term.

On motion by Commissioner ___________________________, seconded by

Commissioner _____________________________, this resolution was _______________

by a _________________ vote.

R20-026 February 17, 2020

RE: CITY COMMISSION– Resolution to appoint Sheila Schwartz to the Adrian

City Ethics Board for a one (1) year term

RESOLUTION

WHEREAS, a vacancy exists on the Adrian City Ethics Board; and

WHEREAS, Sheila Schwartz has expressed a willingness to serve on the Adrian City

Ethics Board; and

WHEREAS, the Adrian City Commission has given careful consideration to the

appointment of the above-named individual.

NOW, THEREFORE, BE IT RESOLVED that the Adrian City Commission does, hereby,

approve the appointment of Sheila Schwartz to the Adrian City Ethics Board for a one (1)

year term.

On motion by Commissioner ___________________________, seconded by

Commissioner _____________________________, this resolution was _______________

by a _________________ vote.

MEMO

Date: January 20, 2020

To: Nathan Burd, City Administrator

From: Cindy L. Prue, Finance Director

Re: Thelma H. Swigert Estate Endowment Trust Policy Revision

In October of 2006, the City of Adrian was the beneficiary of a bequest from the Thelma

H. Swigert Estate. The original distribution of funds totaled $461,028. Over the years

these funds have been used for equipment and renovations at the Piotter Senior Center.

Some funds have also been used to offset costs of running the center. A policy was put

into place in September of 2007 to try and ensure sustainability of the bequest by placing

the funds in a investment to try and protect the corpus of the bequest. The policy put into

place a restraint that the funds not decrease in value below $400,000.

A stipulation in the Last Will and Testament also states that “In the event said share shall

not be used for said purpose within fifteen (15) years after date of distribution, then said

funds shall be distributed to….”. In working with Lenawee County administration, no

major renovations have been done to the Piotter Center in some years. The facility is in

need of updates to the kitchen area, overall flooring and other renovations. At this time,

we are asking that the policy approved on September 17, 2007 be amended to remove the

minimum allowable value of the trust so needed improvements can be made to the Piotter

Center before the fifteen year stipulation expires.

CITY OF ADRIAN

THELMA H. SWIGERT ESTATE

Endowment Trust Policy Statement

May 2, 2007

Revised February 17, 2020

Source and Amount of Funds

The City of Adrian is the beneficiary of a bequest from the Thelma H. Swigert Estate

(Probate Court Case #11-0149-010), which has been distributed in the following

amounts:

Date Amount

October 19, 2006 $201,289.72

November 16, 2006 234,738.00

April 9, 2007 25,000.00

Total-to-Date $461,027.72

Covenant of the Swigert Will

Pursuant to Mrs. Swigert’s final will and testament, the aforementioned funds were

bequeathed to the City of Adrian to be used for “an adult community center…for the

improvement or refurbishing of said center, or…in an endowment so that the income may

be used for operating expenses.”

City of Adrian - Swigert Endowment Trust Policy

Consistent with the intent of Mrs. Swigert’s wishes as expressed in her last will and

testament, the City of Adrian has established the Thelma H. Swigert Endowment Trust

(Account # 702-000.00-329.000), to be jointly administered by the City of Adrian

Finance Department and Department of Parks & Recreation, under the supervision of the

City Administrator. Funds shall be deposited in a financial institution that has a local

presence within the City of Adrian and will be allocated sixty-five (65%) percent to

investment grade common stock, with the balance, thirty-five (35%) percent allocated to

fixed income investments and cash equivalents.

Distribution of Funds

Investment earnings from the Thelma H. Swigert Endowment Trust shall be distributed to

the City of Adrian on an annual basis in accordance with the “Total Return” distribution

approach to trust management. Specifically, an amount not to exceed four and one-half

(4.5%) percent of the total value of the trust portfolio shall be distributed to the City of

Adrian at the beginning of each fiscal year, July 1, with the limitation that at no time shall

the corpus of the trust be allowed to decrease in value below $400,000 due to fund

distributions.

Use of Funds

Funds derived from the Thelma H. Swigert Endowment Trust investment earnings that

are ultimately distributed to the City of Adrian shall be used consistent with the

benefactor’s last will and testament. Specifically, funds shall be used for the

improvement or refurbishing of an adult community center or to defray expenses incurred

in the operation of the adult community center, including debt service resulting from

capital improvements to the adult community center.

Amendments to the Thelma H. Swigert Estate Endowment Trust Policy Statement

Once adopted by a majority vote of the Adrian City Commission, any amendments to the

Thelma H. Swigert Estate Endowment Trust Policy Statement shall be consistent with the

benefactor’s last will and testament and require a majority vote of the Adrian City

Commission.

Amendment – February 17, 2020

As stated in the bequest from the Thelma H. Swigert Estate, “In the event said share shall

not be used for said purpose within fifteen (15) years after date of distribution, then said

funds shall be distributed ..”, this clause is set to expire in May of 2022. The City of

Adrian hereby removes the distribution restriction of the corpus of the trust to not

decrease in value below $400,000 and that the funds now be used to defray operation

expenses and for improvement and refurbishing said center. The City of Adrian and

Lenawee County will be working together to prioritize said improvements.

R20-027 February 17, 2020

RE: FINANCE – Thelma H. Swigert Estate Endowment Trust Policy

Revision

RESOLUTION

WHEREAS Resolution R07-154, dated September 17, 2007, authorized the

original Thelma H. Swigert Estate Endowment Trust Policy Statement; and

WHEREAS, pursuant to Mrs. Swigert’s final will and testament, the

aforementioned funds were bequeathed to the City of Adrian to be used for “an adult

community center…for the improvement or refurbishing of said center, or…in an

endowment so that the income may be used for operating expenses”; ; and

WHEREAS the original Thelma H. Swigert Estate Endowment Trust Policy

Statement established this endowment with a caveat that the value not decrease in

value below $400,000; and

WHEREAS the City Commission has expressed an interest in working with the

Lenawee County Department on Aging in making needed capital renovations and

repairs to the Piotter Center; and

NOW THEREFORE, BIT IT RESOLVED that the Adrian City Commission, by this

resolution, authorize the Thelma H. Swigert Estate Endowment Trust Policy Revision

dated February 17, 2020.

On motion by Commissioner ____________________________,

Seconded by Commissioner ________________________________, this

Resolution was adopted by a __________________ vote.

February 11, 2020

MEMORANDUM

TO: Nathan Burd, City Administrator

FROM: Matt Tomaszewski, Parks & Engineering Services Director

SUBJECT: Federal Highway Administration Grant Agreement with the Michigan

Department of Transportation (MDOT) for Rehabilitation work for Bent Oak and

College Ave Bridges

The City of Adrian was granted funding through the Michigan Department of

Transportation for rehabilitation work of the Bent Oak and College Ave bridges. A

resolution was passed on May 20, 2019 in support of allowing Williams & Works,

Grand Rapids, MI, to perform design, contract preparation, and construction

engineering for this project. The pre-bid estimate for this project is $389,000.00 with

$369,600.00 of this project being funding by State and Federal Funds. The additional

funds shall be paid for out of the FY2019-20 Major Street Fund (202-473.00-

801.000).

MDOT has requested two certified resolutions as well as the Mayor and City Clerk to

sign the subject contract. I recommend approval of this the proposed resolution to

authorize the Mayor and City Clerk to sign the agreement with MDOT in order to

proceed with the bridge rehabilitation work.

February 17, 2020

R20-028

RE: ENGINEERING DEPARTMENT –Federal Highway Administration Grant

Agreement with the Michigan Department of Transportation (MDOT)

for Rehabilitation Work on Bent Oak and College Ave Bridges

RESOLUTION

WHEREAS the Adrian City Commission, by Resolution #R19-070 dated

May 20, 2019, authorized the engagement of Williams & Works, Grand Rapids,

MI, at a cost of

$53,415 to perform design, contract preparation, and

construction engineering services for rehabilitation work on Bent Oak and College

Ave bridges; and

WHEREAS the subject contract [Control Sections BO 46000 and MCS

4600, Job Numbers 202447CON, 207282CON, and Contract No 20-5018]

includes a pre-bid estimate of $389,000 for Total Project Cost, including State

Funding of $369,600, leaving a balance of $19,400 for both Parts of this contract

WHEREAS $19,400 for the local matching requirement will be provided

from the City Major Street Fund (202); and

WHEREAS, the Finance Director indicates that sufficient funds are available

for the rehabilitation work in the FY2019-20 Major Street Fund (202-473.00-

801.000);

WHEREAS, MDOT has requested a certified resolution from the City

Commission authorizing the Mayor and City Clerk to sign the subject contract;

and

WHEREAS the Project Manager of Parks and Engineering Services and the

City Administrator recommend approval of this resolution authorizing Mayor

Angela Sword Heath and City Clerk Robin Connor to sign

the Contract Agreement

with the Michigan Department of Transportation (MDOT).

NOW THEREFORE BE IT RESOLVED that the Adrian City Commission by this

resolution hereby authorizes the Mayor and City Clerk to sign the Contract

Agreement between the City of Adrian and the Michigan Department of

Transportation (MDOT) to move forward with the rehabilitation work on Bent Oak

and College Ave. bridges.

BE IT FURTHER RESOLVED that two certified copies of this resolution shall

be provided to the Michigan Department of Transportation (MDOT) along with

the signed contract.

On motion by Commissioner ___________________________________________,

seconded by Commissioner _____________________________________________,

this resolution was __________________ by a________________ vote

AGREEMENT FOR

PROFESSIONAL SERVICES

This Agreement is effective as of January __ 2020, between Giffels Webster located at 28 W. Adams Street, Suite 1200, Detroit, MI

48226 and the following person or entity (“Client”):

Client name and address:

City of Adrian

135 E. Maumee St

Adrian, MI 49221

Client contact and phone no:

Gregory M. Elliott, AICP

Director-Community Development

(o) 517-264-4857

Email GElliott@adrianmi.gov

Project Name: City of Adrian Comprehensive Plan Update

Project No.:

The Client and Giffels Webster enter into this Agreement for certain professional consulting and related services to be provided by Giffels

Webster with respect to the above Project (“Project”). The parties agree as follows:

I. PROJECT DESCRIPTION

Professional planning services as outlined in the Scope of Services (Exhibit A).

II. SCOPE OF SERVICES

Giffels Webster will provide consulting services for the Project, as summarized in Exhibit A (“Scope of Services”). Only those

services summarized are included in this Agreement. Giffels Webster and the Client agree that services not identified in Scope

of Services are not the responsibility of Giffels Webster unless provided for under a separate written agreement or approved

additional services request.

Additionally, the Giffels Webster is available for other services not included in the above Work Program, at the municipality’s

request, based on the attached hourly rates (Exhibit B). We can also develop flat fee proposals for larger projects.

III. COMPENSATION

Fees for the scope of services are found in Exhibit B Fee Schedule and Billing.

IV. TERMS AND CONDITIONS

a. REIMBURSABLE EXPENSES

Giffels Webster’s fees outlined above do not include reimbursable expenses, which include: shipping, handling, postage

and delivery fees, out of town travel, outside reproduction (drawings, reports or other deliverables not being used internally

by Giffels Webster for the completion of our effort) and subconsultant costs (if not expressly included in the Scope of

Services). Routine copies for memos and internal drafts are included in the flat fee, as applicable, and are not charged as

expenses. The Client agrees to reimburse Giffels Webster for reimbursable expenses at cost plus 15%.

b. INVOICING

The project will be invoiced as follows:

MEDC: $30,000 (billed in three equal installments of $10,000.00, per agreement with MEDC and Giffels Webster).

City of Adrian: $18,000.00 (billed in 12 equal monthly installments of $1,500.00 each). In the event Giffels Webster exceeds

400 total hours of professional time for the scope in Exhibit A, Giffels Webster will provide documentation of total hours

Project Name:City of Adrian Comprehensive Plan

Update

Project No.: January __ 2020

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expended and bill the City up to a total of $4,800.00 additional based on the established contingency and time

documentation. In no case shall the total cost of the project exceed $52,800.00 without written consent of the City of Adrian

and Giffels Webster.

Giffels Webster reserves the right to add a 10% late fee if payment is not received within 60 days of the date of the invoice

and may suspend and terminate work under this Agreement upon failure of the Client to pay invoices as due. The Client

agrees to review invoices upon receipt and forward all requests for amendments or clarifications in writing to Giffels Webster

within 30 days of the date of the invoice. Payment will be made within 15 days of the Client’s receipt of clarifications or

revisions agreed to as a result of such requests.

c. STANDARD OF CARE

All services performed by Giffels Webster will be conducted in a manner consistent with that level of care and skill ordinarily

exercised by members of the profession currently practicing under similar circumstances at the same time and in the same

locality. No warranty, express or implied, is made or intended by this proposal to provide consulting services.

d. RESPONSIBILITY FOR RESILIENT DESIGN

The Client acknowledges that climate change may result in disruptive events that exceed the requirements of the existing

codes and regulations and that Giffels Webster cannot anticipate these events. The Client agrees that Giffels Webster is

not liable for changes in the environment or site that exceed existing and applicable codes if they are not identified in writing

as required design or study parameters at the time the services are provided.

e. INSURANCE

Giffels Webster and its agents, staff and contracted consultants are protected by worker’s compensation insurance. Giffels

Webster has such coverage under public liability, professional liability and property damage insurance policies which it

deems to be adequate. Giffels Webster shall not be responsible for any loss, damage or liability beyond the amounts, limits

and conditions of such insurance.

f. LIABILITY

To the fullest extent permitted by law and notwithstanding any other provision of this Agreement, the total liability in the

aggregate of Giffels Webster and Giffels Webster’s officers, directors, partners, employers, agents, and contracted

consultants to the Client and anyone claiming by, through or under the Client for any and all claims, losses, costs, or

damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or

causes, including, but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or

warranty expressed or implied, shall not exceed the limits and conditions of its insurance.

The Client and Giffels Webster waive all consequential or special damages, including, but not limited to, loss of use, profits,

revenue, business opportunity, or production, for claims, disputes, or other matters arising out of or relating to this

Agreement, regardless of whether such claim or dispute is based upon breach of contract, willful misconduct or negligent

act or omission of either of them or their employees, agents, subconsultants, or other legal theory, or disruptive climate

events even if the affected party has knowledge of the possibility of such damages.

g. DATA COLLECTION

The means, methods and selection of technologies used in the collection of field data are at the sole discretion of Giffels

Webster. The Client understands that some technologies automatically collect data that may not be required by Giffels

Webster to complete the services included in this Agreement. The Client further understands that Giffels Webster does not

review data that is not directly related to the scope of services including in this Agreement, and Client agrees that Giffels

Project Name:City of Adrian Comprehensive Plan

Update

Project No.: January __ 2020

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Webster has no responsibility to do so and that Giffels Webster has no responsibility to advise the Client of any deficiencies

that might be found if that data were reviewed.

h. INSTRUMENTS OF SERVICE

The Client acknowledges that Giffels Webster’s drawings, plans, specifications, and other similar documents, whether in

written, graphic, or electronic form, are instruments of professional service (the “Instruments”) and not products. Giffels

Webster and its contracted consultants shall be deemed the authors and owners of their respective Instruments and shall

retain all common law, statutory and other reserved rights, including copyrights and trademarks. Upon full payment of

Giffels Webster’s compensation for this Project, ownership of the following shall be transferred to the Client: City of Adrian

Comprehensive Plan documents.

i. ASSIGNMENT

Neither the Client nor Giffels Webster may delegate or assign its duties or rights under this Agreement without the written

consent of the other party, such consent not to be unreasonably withheld.

j. DELAYS

If Giffels Webster is delayed at any time in the progress of the services by any reason beyond its control, including any act

or omission of the Client, by any act or omission of a contractor or by adverse weather or other conditions not reasonably

anticipated, the time for completion of the services shall be extended by a time equal to the time of such delay and an

equitable adjustment in Giffels Webster’s fee shall be made as may be reasonable under the circumstances.

k. CHANGES TO THE AGREEMENT

The Client and Giffels Webster agree that the discovery of unanticipated or changed conditions may require a renegotiation

of the Scope of Services, or termination of the Agreement. Furthermore, changes in the scope of the project or to any of

the assumptions used in the preparation of the Agreement may also require a renegotiation of the Scope of Services. In

the event that the Agreement is changed, Giffels Webster shall be entitled to an appropriate adjustment in schedule and

compensation. If renegotiated terms cannot be agreed to, the Client agrees that Giffels Webster has the right to terminate

this Agreement.

l. TERMINATION

Either party may terminate this Agreement on at least 30 days written notice to the other. In the event of termination, Giffels

Webster shall be paid for all services rendered and all costs incurred up to the date of termination, in accordance with the

compensation provisions of this Agreement. The Client shall also reimburse Giffels Webster for all termination expenses.

m. RECOVERY OF COSTS

In the event that legal action is brought by either party against the other in the courts (including an action to enforce or

interpret any aspect of this Agreement), the prevailing party shall be reimbursed by the other for the prevailing party’s legal

cost, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but

not be limited to, reasonable attorney’s fees, court costs, expert witness fees, and other documented expenses.

V. ACCEPTANCE AND AUTHORIZATION TO PROCEED

The Client certifies that the person executing this Agreement is authorized to sign on behalf of the Client’s organization. The

Client understands that this Agreement includes Exhibit A | Scope of Services, Exhibit B | Fee Schedule and Billing, and all

executed additional service requests. The Client also certifies that, if it is a business entity, it is registered and in good standing

with the State of Michigan, is authorized to conduct business in Michigan and is adequately capitalized to meet the financial

obligations of this Agreement. If the Client agrees with the terms of this Agreement, the Client should sign both copies of the

Project Name:City of Adrian Comprehensive Plan

Update

Project No.: January __ 2020

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Agreement and return one copy to Giffels Webster. Giffels Webster’s receipt of the signed Agreement from the Client will

constitute a written notice to proceed unless otherwise indicated in writing by the Client.

IFFELS WEBSTER CITY OF ADRIAN

BY:

________________________

BY:

__________________________

Rodney L. Arroyo Name:

Partner Title:

January 3, 2020 Date:

EXHIBIT A

Scope of Services

City of Adrian Comprehensive Plan Update

Adrian received its RRC Baseline Report in October 2016. Since receiving the report, the City has made

progress toward RRC certification in numerous areas and is eligible for RRC technical assistance. The

plan will be developed to meet the expectations of RRC best practice 1.1.1. The plan will consider any

plans or projects developed through the Project Rising Tide initiative, integrate elements of the

ReInvent Downtown Adrian Plan, and the city’s efforts to achieve Select Level Michigan Main Street

designation, any community health planning initiatives, protection for the downtown’s historic

structures, the state of the current Zoning Ordinance, and the City’s need for missing middle housing

and other items noted in the scope below.

RRC Evaluation Criteria 1.1.1 –

Expectations:

 The master plan reflects the community’s desired direction for the future.

 The master plan identifies strategies for priority redevelopment areas.

 The master plan addresses land use and infrastructure, including complete streets

 The master plan includes a zoning plan – The zoning plan shall include an explanation of how

the land use categories of the future land use map relate to the district son the zoning map.

 The master plan incorporates recommendations for implementation, including goals, actions,

timelines and responsible parties.

SCOPE OF WORK

Required Plan Components

The Comprehensive Plan must meet or exceed all elements required under the Michigan Planning Enabling

Act and it should be consistent with RRC best practice 1.1.1 criteria.

I. Community Profile/Existing Conditions

This section of the plan will provide an overview of the existing physical, social and economic characteristics

of the city. The consultant will consider, where appropriate, information and findings from the following

documents:

 City of Adrian Comprehensive Plan (reaffirmed with addendums in 2015)

 ReInvent Downtown Adrian Plan (June 2019)

 Rising Tide Redevelopment Visions Project

 Rising Tide Non-Motorized Transportation Plan

 Adrian Public Engagement Strategy (created in collaboration with MSU-E)

 Gibbs Downtown Adrian Retail Marketing Study

 Connecting Lenawee Plan: 2015

 Lenawee County Parks and Recreation Plan

 Adrian Community Health Needs Assessment

 River Raisin Watershed Management Plan

 Region 2 PC Comprehensive Economic Development Strategy.

 2018-2019 Adrian Strategic Plan

 P-CPTED Study by MSU Extension (2020)

Task 1 Kick-off: Base map, notices, data collection, and meeting.

A. Meet with the City of Adrian Planning Commission to kick off project and establish target dates.

B. Work with City to create a public participation plan to make planning documents available for review

and comment, as well as notify the public of meetings and opportunities for involvement. Information

and drafts will be posted throughout the process.

C. Plan Preparation Notices. Coordinate with City staff to prepare and distribute public notices of the City’s

intent to update the Comprehensive Plan as required by State law.

D. Data collection & Inventory. Compile data and images of the following, to be analyzed in following task

elements:

1. Update and assess demographic data to understand current community makeup as well as

understand future projections.

2. Assemble maps: Assemble and prepare maps of existing conditions ranging from roads to

natural features. GIS mapping is included. City to provide road, parcel, and other available GIS

layers (land use, zoning, etc.)

Timeline: 2 months

Meetings: One kick-off meeting

Deliverables:

Public participation plan

Required legal notices for plans

Base maps as described above

II. Community Engagement

The City recognizes that meaningful public participation is a critical element of the Comprehensive Plan

development process. Therefore, attempts shall be made by the consultant to ensure the planning process

is inclusionary and incorporates methods to reach local minority populations. The consultant will be

expected to attend meetings to assist in the public participation process. The consultant will also consider

the city’s public engagement strategy when developing the master plan.

Task 2 Public Input:

Our team offers the following public participation approaches in this project:

A. Public Input Survey. Create an online survey tool to gather input from the community about potential

redevelopment sites, focus area needs and wants, and ways to improve the image of the city. This survey

will run during the analysis portion of the project. We will also launch Picture This!, which is an online

crowdsourced tool that lets people upload pictures, tag them to a map, and provide comments and

suggestions.

B. Public Open House. Following data collection that will include the online survey of residents, the public

will be invited to attend an open house to review the findings and offer additional input.

C. Stakeholder meetings. As part of the market assessment and economic development strategy, the

consultant team members will meet in person and talk by phone with business owners and other

stakeholders.

Timeline: 2-3 months

Meetings:

One open house

Several small group business meetings (up to 3)

One meeting of the City of Adrian Planning Commission to review the summary of public input

Deliverables: Summary of public input and goals, objectives and strategies

III. Goals, Objectives, Strategies

The consultant will assist the City of Adrian in establishing goals and objectives and outline meaningful

strategies to serve as a guide in defining and implementing the plan.

Task 3 Goals, Objectives, and Strategies:

Our team meet with the Planning Commission to review a draft of Goals, Objectives and Strategies.

Timeline: 1 month

Meetings:

This meeting is covered under task 2. The meeting will include the review of public input and the draft goals,

objectives and strategies.

Deliverables: Goals, objectives and strategies

IV. Future Land Use Plan / Zoning Plan

The Comprehensive Plan needs to include a future land use plan and an associated zoning plan. The zoning

plan will need to describe how the future land use classifications relate to the City’s existing zoning districts

and identify any zoning ordinance changes need to ensure the ordinance is consistent the goals and

implementation actions of the Comprehensive Plan.

Additionally, the main body of the plan document will include brief summaries of the downtown plan,

complete streets plan, and economic development plan. For the downtown plan and complete streets plan,

it is expected that the Planning Commission will review previous plan documents and provide a summary of

remaining key plan concepts for inclusion in the new Comprehensive Plan. This scope does not include

significant new planning efforts for these two sub-elements. The economic development plan summary will

be based on the additional tasks included in this scope of services.

The zoning plan will show how future land use categories align with zoning districts and it will include an

overview of key zoning ordinance updates needed to implement plan recommendations and strategies.

Task 4 Timeline: 3-4 months

Meeting: One progress meeting with the Planning Commission to review draft findings and

recommendations.

Deliverables: Draft Plan

V. Economic Development Plan

A. Economic Development Strategy

RRC Best Practice 5.1 evaluates Adrian’s economic development strategy. The RRC expectations are

that the strategy encompasses all economic development-related efforts and stakeholders and

includes goals, actions, timelines and responsible parties.

B. Marketing Strategy

RRC Best Practice 5.2 evaluates a community’s marketing strategy. The expectations for this best

practice are that city establishes an overarching strategy inclusive of all stakeholders and existing and

future local and regional strategies.

Economic Development and Marketing Strategy Description

While Adrian may have seen diminished tax base from economic slowdowns and the movement of some

businesses and institutions to surrounding communities, there continues to be significant assets upon which

an economic development strategy and marketing program can capitalize.

This component of the scope will be led by our partners at The Chesapeake Group (TCG) and will focus on:

1. Strengthening and enhancing economic assets, including commercial activity Downtown.

2. Redefining and adding to the economic activity and base by defining marketable activity.

3. Emerging technology with enhanced linkages to the three higher education institutions.

4. Training and education opportunities for emerging technologies and related R & D.

5. Expanding employment opportunities for residents and students.

6. Housing options to support the market and other defined opportunities.

Sub-element 1 – Due diligence

The initial task includes the following.

1. Perform area reconnaissance

2. Review work performed to date, including the 2014 limited focus (commercial) market assessment.

Existing information will be reviewed and any gaps in data determined that might assist in the process.

3. Perform select stakeholder interviews. Some select individuals have played or are playing a role in

economic activity. Included are hospital representatives, residential Realtors, commercial realtors,

higher education institution representatives, and targeted property owners. Up to eight such

individuals will be interviewed one-on-one and face-to-face unless phone conversations are required to

accommodate the individuals.

4. Survey of Area residents. Conducted online, a survey of residents is critical to developing a "real world"

new database upon which analyses and decisions can be made. Recent online surveys in communities

of similar scale or smaller have yielded critical data and input from between 300 and 1,000 “unique”

households. The survey will be open to local and surrounding area residents. The focus will be on current

and future housing needs, employment and skill levels, educational levels, home-based business

activity, and work experience. The information gathered is not either readily available or is available

from less reliable secondary sources.

Sub-element 2 – Market Analysis/Analytics

1. Incubator/ Home-based Business/”Economic Gardening” Analysis

In creating experiences where one "wants" to go instead of "needing" to go and fostering

entrepreneurship, home-grown businesses are of increasing importance. Local patterns will be analyzed

and addressed. (The previously defined data from the resident survey are essential to the development

of the database.)

2. Analysis of Property Trends and Patterns

Non-residential and residential property trends and patterns will be analyzed using online sites that

track sales, rental rates, and other factors. Per square foot information is expected to be extracted or

developed.

3. Education Institution Trends

Student, employment, coursework/degree trends will be analyzed for the three institutions (includes

Jackson, Adrian and Sienna Heights).

4. Labor Force Analyses

Statistics on employment are often misleading or do not provide sufficient information to understand

the economic conditions in the home. TCG's database from the resident survey will help to define

underemployment, those wanting full-time employment at one job but not being achieved at this time,

and other factors which provide economic conditions and stress levels inside the homes.

5. Demand Forecasts

The forecasting of demand would include that which follows.

A. Definition of real markets, not those artificially contrived, associated with retail, service, residential,

office, and other activity based on actual data developed through surveys.

B. Definition of the commercial components of demand, such as students, visitors, surrounding area

residents, nearby residents, and others.

C. Definition of the current and future customer base and commercial utilization patterns developed

through surveys.

D. Definition of competitive advantages and disadvantages concerning each economic function.

E. Demand forecasts for retail and retail-related services, by major retail category and sub-category

(over 50 types of operations), and capturable space.

F. Forecasts of multi-user office space demand activity.

G. Forecasts of multi-user industrial, light manufacturing, tech-driven manufacturing activity space

demand.

H. Entertainment spending estimates and supportable activity or gaps that exist in the market that

could be served.

I. Identification in gaps in the education areas upon which Adrian might capitalize.

J. Definition of specific niches, clusters, critical mass, etc. that would be marketable.

K. Estimates of residential market gaps that exist and likely gaps in the future in the market.

L. Estimated future housing demand by market clusters, including types of units, age characteristics

for households, and household income levels.

Sub-element 3 Strategic Economic Development Plan with Marketing Component

A strategic implementation-oriented economic development program will be developed. The strategic

implementation program will be both realistic/pragmatic and creative based on available or reasonably

anticipated human and fiscal resources. The following elements are included.

• Goals and Objectives

• Methods and strategies for motivating property owners.

• Recruitment and retention program elements.

• Elements to foster entrepreneurship.

• A conceptual marketing plan or adjustments to current efforts.

Task 5 Timeline: 3-5 months (will commence during Task 2)

Meeting: Select stakeholder interviews (3 groups in one day) plus one progress meeting with the Planning

Commission to review draft findings and recommendations.

Deliverables: Draft Economic Development Plan

VI. Implementation Section

The implementation of strategies will be a key component the Comprehensive Plan. Strategies need to detail

how the plan’s goals can become a reality. Therefore, this section needs to include recommended

implementation actions, associated time frames for completion and responsible parties. Costs should be

included for any capital improvement projects.

Task 6 Timeline: 1 month

Meeting: One progress meeting with the Planning Commission to review draft findings and

recommendations.

Deliverables: Draft Implementation Section

VII. Public Hearing and Adoption

Task 7: Public Hearing & Adoption

A. Assist in preparing for the distribution of the draft plan to surrounding communities and designated

agencies and utilities.

B. Prepare notice of public hearing in accordance with the Michigan Planning Enabling Act. Present draft

Plan at the public hearing. Prepare Resolution of Adoption.

C. Assist Planning Commission and City Council, if applicable, with final adoption procedures

Timeline: 3-4 months

Meeting: One public hearing

Deliverables: Final draft plan for review and public hearing

Task 8: Plan Prep & Printing

A. Final Plan: Prepare document for distribution.

B. Print & Transmit Adopted Plan: Print Master Plan for final distribution as hard copy and an electronic

document in PDF format. Coordinate with City staff to ensure the adopted Plan is distributed in

accordance with State law.

C. Executive Summary: Create an online Story Map of the Comprehensive Plan that includes the Future

Land Use Plan Map and key concepts. This format provides the City with an excellent, low-cost method

of sharing a concise summary of the Master Plan document with the public.

Timeline: 1 month

Deliverable: Final Master Plan Update as identified above.

Timeline

Some of the above noted elements may be conducted concurrently. Drafts will be provided in pdf format.

We estimate the above scope of work to take between 12-15 months, depending on the City’s meeting

schedule and availability, as well as on the required public hearing timetables.

Exhibit B

Fee Schedule and Billing

For the scope of work outlined in Exhibit A, the following budget is established:

Plan Element/ Plan Type

Comprehensive Plan

Kickoff and Regional Setting and Existing Conditions

$5,500

Community Engagement

$3,500

Goals and Objectives

$1,800

Future Land Use / Zoning Plan

$15,000

Economic Development Plan

$14,200

Implementation

$3,500

Public Hearing

$3,000

Prepare Final Document / Adoption

$1,500

Total Cost Before Expenses and Contingencies

$48,000

Out of pocket expenses, which are not included in the above total include printing final draft and final copies of the plan and any other

out-of-pocket expenses related to the project. With a 10% ($4,800) line item for expenses and contingencies, the total budget is

$52,800.00. Out of pocket expenses will be billed in accordance with the Agreement.

The cost estimate provided in the table above is at the low end of what the consultant team believes it will take to complete the work

(roughly 400 professional hours). Contingencies include unexpected time to complete tasks beyond the minimum estimates in the table.

If additional work is required beyond the baseline fee of $48,000.00, it will be charged in accordance with the following hourly fee schedule:

Construction Inspector ...................................$80

Senior Construction Inspector ........................$90

Construction Administrator .............................$80

Instrument Crew .............................................$130

Survey Crew ..................................................$165

Staff Surveyor ................................................$90

Project Surveyor ............................................$105

Senior Surveyor .............................................$115

Lead Surveyor ................................................$120

Survey Manager .............................................$120

GIS Analyst ....................................................$85

GIS Specialist ................................................$95

Senior GIS Specialist .....................................$105

GIS Manager ..................................................$120

Staff Planner ..................................................$90

Associate Planner ..........................................$105

Senior Planner ...............................................$115

Principal Planner ............................................$120

Project Manager .............................................$125

Partner ...........................................................$165

Intern ........................................................................... $55

Clerical | Administrative ............................................... $40

Project Assistant .......................................................... $75

Staff Technician ........................................................... $75

Project Technician ....................................................... $85

Senior Technician ........................................................ $95

Lead Technician .......................................................... $105

Staff Landscape Architect ........................................... $90

Project Landscape Architect ........................................ $105

Senior Landscape Architect......................................... $115

Lead Landscape Architect ........................................... $120

Landscape Architecture Manager................................ $120

Staff Engineer .............................................................. $90

Project Engineer .......................................................... $105

Senior Engineer ........................................................... $115

Lead Engineer ............................................................. $120

Traffic Engineer ........................................................... $115

Senior Traffic Engineer ................................................ $140

Senior Project Manager ............................................... $165

Planning Staff Fees are Underlined

01/03/2020

Executive Strategies

35735 Mound Road

Sterling Heights

48310

Diana Domin

(586) 977-6300

ddomin@bbdetroit.com

Giffels Webster Engineers Inc

28 W Adams Ste 1200

Detroit

48226

American Casualty Company of Reading, Pennsylvania

20427

The Continental Insurance Company

35289

Continental Casualty Company

20443

StarStone National Insurance Company

25496

CL19121945223

Contractual Liability

5095143577

12/31/2019

12/31/2020

1,000,000

15,000

1,000,000

2,000,000

5095143627

12/31/2019

12/31/2020

1,000,000

5095143661

12/31/2019

12/31/2020

5,000,000

5099650571

12/31/2019

12/31/2020

1,000,000

Professional Liability

AEH591912438

12/31/2019

12/31/2020

Claim/Agg

$5,000,000

D Excess 72939I196ALI 12/31/2019-12/31/2020 Agg $5,000,000.

Certificate holder is an additional insured as required by written contract. Coverage is primary and not excess over any insurance carried by the certificate

holder.

City of Adrian

135 E. Maumee St

Adrian

49221

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE

INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #

NAME:

CONTACT

(A/C, No):

FAX

E-MAIL

ADDRESS:

PRODUCER

(A/C, No, Ext):

PHONE

INSURED

REVISION NUMBER:

CERTIFICATE NUMBER:

COVERAGES

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on

this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER 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 INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:

(Per accident)

(Ea accident)

N / A

SUBR

WVD

ADDL

INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

PROPERTY DAMAGE

BODILY INJURY (Per accident)

BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS

AUTOS ONLY

NON-OWNED

SCHEDULED

OWNED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH)

DESCRIPTION OF OPERATIONS below

If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE

E.L. DISEASE - POLICY LIMIT

E.L. DISEASE - EA EMPLOYEE

E.L. EACH ACCIDENT

OTH-

STATUTE

PER

LIMITS

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY)

POLICY EFF

POLICY NUMBER

TYPE OF INSURANCE

LTR

INSR

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB

EACH OCCURRENCE

AGGREGATE

OCCUR

CLAIMS-MADE

DED

RETENTION

PRODUCTS - COMP/OP AGG

GENERAL AGGREGATE

PERSONAL & ADV INJURY

MED EXP (Any one person)

EACH OCCURRENCE

DAMAGE TO RENTED

PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE

OCCUR

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY

PRO-

JECT

LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

CERTIFICATE HOLDER

The ACORD name and logo are registered marks of ACORD

HIRED

AUTOS ONLY

R20-029 February 17, 2020

RE: Community Development – Agreement for Professional Services for

Comprehensive Plan Update

RESOLUTION

WHEREAS, the Michigan Planning Enabling Act provides for the review of a

master plan every five years (MCL 125.3845(2); and

WHEREAS, the City of Adrian Comprehensive Plan was adopted in 2006 and,

which it has been periodically reviewed, it has not been updated since that time; and

WHEREAS, the City has engaged with the Redevelopment Ready Communities

program of the Michigan Economic Development Corporation, which has indicated,

by way of its evaluation that the Comprehensive Plan should now be update; and

WHEREAS, Redevelopment Ready Communities (“RRC”), by way of

correspondence dated December 16, 2019, has awarded the City $30,000 toward an

updated master plan; and

WHEREAS, as RRC pre-bids vendors for providing engaged communities

technical assistance, city staff recommends the bid process be waived; and

WHEREAS, the City has obtained a proposal from Giffels Webster, based upon

a scope of work approved by RRC, to do all things necessary to update the City’s

master plan for a price of $48,000 (plus an allowance of $4,800 for contingencies),

with $30,000 of that amount to be paid by RRC as detailed in a proposed contract

that has been presented to the City; and

WHEREAS, it was the consensus of the Planning Commission that Giffels

Webster should be selected to do this work and the Director of Community

Development recommends that they be selected to do so; and

NOW THEREFORE BE IT RESOLVED that that the Adrian City Commission, by

this resolution, hereby waives the bid process and accepts the Agreement for

Professional Services with Giffels Webster, to include the requirements to prepare an

updated master plan for the City, said agreement to include the City’s Standard

Professional Services Contract, and authorizes the Mayor and City Clerk to execute

said agreement on behalf of the City of Adrian.

BE IT FURTHER RESOLVED that the Adrian City Commission approve the

following budget amendment to properly fund this project for FY19-20:

Revenue:

101-990.00-697.000 Prior Years Revenue $4,800

Expenditure:

101-895.00-801.000 Consultant Fee $4,800

On motion by Commissioner __________________________, seconded by

Commissioner ____________________________, this resolution was ______________

by a _____________________vote.

Adrian Fire Department

208 S Main St.

Adrian, MI 49221

517-264-4856

Memorandum

To: Mayor Sword-Heath, City Commission, and Administrator Burd

From: Aric Massingill, Fire Chief

Date: February 11, 2020

Re: Regional FEMA Fire Act SCBA Grant

At previous meetings we have discussed the need to upgrade our current Self-Contained

Breathing Apparatus (SCBA). This equipment allows us to breathe fresh air during fire and

hazardous materials incidents. SCBAs are required equipment to have a functioning fire

department. Our current SCBAs are due for replacement by April 2021 when the air cylinders

can no longer be refilled due to DOT regulations.

The federal government administers a competitive grant process to purchase this type of

equipment. There are six additional fire departments in Lenawee County who need SCBAs and

in the past regional grants have been given priority. We are requesting permission to apply for

the 2019 FEMA Fire Act grant to purchase SCBAs as the host agency which will require a 10%

match.

2020-2021 ASSISTANCE TO FIRE FIGHTERS GRANT PROGRAM

REGIONAL GRANT APPLICATION

MEMORANDUM OF UNDERSTANDING (MOU)

This Memorandum of Understanding (MOU) is being executed by the following listed

participating agencies (hereafter “participating agencies”):

City of Adrian Fire Department EIN #38-6004654

City of Tecumseh Fire Department EIN #38-6007206

City of Hudson Fire Department EIN #38-6004699

City of Morenci Fire Department EIN #38-6004578

Dover, Hudson, Clayton Fire Department EIN #20-1134088

Township of Raisin Fire Department EIN #38-6310745

Township of Ridgeway Fire Department EIN #38-2495709

Nothing in this MOU should be construed as limiting or impeding the basic spirit of

cooperation which exists between the participating agencies, listed above.

WHEREAS, the participating agencies have formed a working committee and

developed a course of action to achieve the goals and objectives of the Assistance to

Firefighters Grant Program (AFG); and

WHEREAS, the participating agencies have been identified as eligible jurisdictions

able to collectively implement the objectives and goals of the AFG grant program; and

WHEREAS, the City of Adrian has been selected through this MOU to be the host

agency to file a regional AFG grant application (the “Application”) on behalf of the participating

agencies, and

WHEREAS, the City of Adrian has been selected through this MOU to administer the

2020-2021 regional AFG grant program award and agrees to be the host agency responsible

for administration of the grant including asset accountability and reporting requirements for

those assets acquired under the AFG regional application in the event of approval; and

WHEREAS, the City of Adrian agrees to serve as host agent for the procurement and

disbursement of all equipment received under AFG grant program award in the event of

approval; and

NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and

covenants hereinafter set forth, the participating agencies agree as follows:

PURPOSE

This MOU establishes the relationship between the participating agencies for participation in

a Regional 2019 Assistance to Firefighters Grant Program (AFG) grant award in the event of

approval of the Application.

PROCEDURES

1. The City of Adrian (Adrian) will serve as the host agency to submit a regional 2019 AFG

grant program application and serve as grant administrator for the participating agencies

in the event of approval.

2. Pursuant to the AFG program guidelines, all items approved under the application will be

procured and administered through Adrian in the event of approval of the application.

3. Adrian agrees, as host agency, to provide accountability for the assets acquired under the

regional AFG grant award and provide reporting requirement deliverables. As such,

participating agencies agree to provide Adrian with this information on a timely basis to

remain in compliance with the requirements of the grant.

4. The participating agencies agree to accept the 2019 regional AFG grant program award

and accept their respective items as listed in the AFG grant application in the event of

approval.

5. The participating agencies agree to provide the required cash match in the amount of 10%

of the total cost of their requested items as detailed in the grant application as required

under the regional AFG Grant Program guidelines. The required match shall be paid by

the participating agencies upon receipt of an invoice from Adrian, in advance of equipment

procurement.

6. In the event of a reduced award, the participating agencies agree to accept this reduced

amount and provide a 10% cash match on the total reduced award amount of their

approved items.

7. Any expenditure beyond the grant award for an agency’s approved item(s) remain the

sole responsibility of that agency.

8. The participating agencies agree to allow Adrian to procure and distribute their respective

assets if awarded under the regional AFG grant program.

9. The participating agencies agree to participate in cooperative training on all equipment

procured under this grant award as appropriate to comply with all applicable state and

national standards.

10. The participating agencies agree to maintain/repair all items awarded to them under the

Application in accordance with the manufacturer’s warranty, and to replace the equipment

if it becomes inoperable for a period of three years after official closeout of the grant

agreement.

11. The participating agencies agree to promptly provide any additional documentation to

Adrian as requested, that may be necessary in connection with the grant.

12. Participating agencies agree to promptly return any equipment or deliverables that are

received in error to Adrian.

13. The grant award to each agency is as follows:

SCBA Needs

City of

Adrian

Township

Ridgeway

Dover,

Hudson,

Clayton

Township

of Raisin

City of

Hudson

City of

Morenci

City of

Tecumseh

# Of Bottles

# Of Packs

# Of Mask

TERM AND TERMINATION

This MOU shall be effective on the date of last signature of the participating agencies herein

and shall continue in full force and effect for a period of five years after official closeout of the

grant agreement.

GUIDELINES

In performing its duties, responsibilities and obligations pursuant to this Agreement, each

participating agency agrees to adhere to the requirement standards set forth in the AFG grant

program guidance and Federal OMB Circular A-133 as applicable.

RECORDS

1. Each participating agency understands that any and all records created as a result of

participating in this federal grant program may be subject to the public disclosure pursuant

to the Michigan Freedom Of Information Act 442 of 1976 and shall be responsible for

compliance with any public records request served upon it and any resultant award of

attorney’s fees for noncompliance.

2. Each participating agency shall maintain its own respective records and documents

associated with this MOU sufficient to demonstrate compliance with the terms of this

agreement for a period of five years from the close-out date of the agreement, and shall

allow Adrian and the Department of Homeland Security access to such records upon

request.

EXECUTION

This agreement may be executed in counterparts each of which shall be deemed an original

and all of which together shall be considered one and the same agreement.

INSURANCE OR SELF-INSURANCE

Each participating agency, at its sole cost and expense, shall carry insurance, or self-insure,

its activities in connection with this MOU, and obtain, keep in force and maintain, insurance

or equivalent programs of self-insurance, for general liability, professional liability, workers

compensation, and business automobile liability adequate to cover its potential liabilities

hereunder. Each participating agency agrees to provide the other forty-five (45) days'

advance written notice of any cancellation, termination or lapse of any of the insurance or

self-insurance coverage.

INDEPENDENT CONTRACTOR

This MOU does not create an employee/employer relationship between the parties. It is the

intent of the parties that each participating agency is an independent contractor, and each

participating agency shall assume responsibility for all personnel costs for its respective

employees, including but not limited to, the application of the Fair Labor Standards Act

minimum wage and overtime payments, Federal Insurance Contribution Act, the Social

Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue

Code, the State Workers Compensation Act, and the State unemployment insurance law.

INDEMNIFICATION

Each participating agency shall each be separately liable and responsible for the actions of

their respective officers, agents and employees in the performance of their respective

obligations under the MOU.

To the extent permitted by law, each participating agency shall indemnify, defend, and hold

Adrian, its officials, agents, servants and employees, harmless from any and all liability,

actions, causes of action, suits, trespasses, damages, judgments, executions, claims and

demands of any kind whatsoever, in law or in equity, which results from or arises out of the

negligent acts or omissions of the participating agency or its employees, and the participating

agency shall indemnify Adrian, its officials, agents, servants and employees, for damages,

judgments, claims, costs, expenses, including reasonable attorney's fees, which Adrian, its

officials, agents, servants and employees, might suffer in connection with or as a result of the

negligent acts of the participating agency or its employees. For purposes of this provision,

the participating agency’s employees shall not be deemed agents or servants of Adrian and

Adrian’s employees shall not be deemed agents or servants of the participating agency. The

participating agency will at all times be entitled to the benefits of sovereign immunity as

provided in Michigan Statute, MCL 691.1407, and common law. Nothing contained in the

Agreement shall be construed as a waiver of sovereign immunity.

To the extent permitted by law, Adrian shall indemnify, defend, and hold participating agency,

its officials, agents, servants and employees, harmless from any and all liability, actions,

causes of action, suits, trespasses, damages, judgments, executions, claims and demands

of any kind whatsoever, in law or in equity, which results from or arises out of the negligent

acts or omissions of Adrian or its employees and Adrian shall indemnify participating agency,

its officials, agents, servants and employees, for damages, judgments, claims, costs,

expenses, including reasonable attorney's fees, which participating agency, its officials,

agents, servants and employees, might suffer in connection with or as a result of the negligent

acts of the Adrian or its employees. For purposes of this provision, Adrian’s employees shall

not be deemed agents or servants of participating agency and participating agency’s

employees shall not be deemed agents or servants of Adrian. Adrian will at all times be

entitled to the benefits of sovereign immunity as provided in Michigan Statute, MCL 691.1407,

and common law. Nothing contained in the Agreement shall be construed as a waiver of

sovereign immunity.

GOVERNMENTAL IMMUNITY

Each participating agency is a municipal corporation existing under the laws of the state of

Michigan. Each agrees to be fully responsible for acts and omissions of their agents or

employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of

sovereign immunity by any party to which sovereign immunity may be applicable. Nothing

herein shall be construed as consent by a political subdivision of the state of Michigan to be

sued by third parties in any matter arising out of this Agreement or any other contract.

NOTICES

Any and all notices given or required under this Agreement shall be in writing and may be

delivered in person or by United States mail, postage prepaid, first class, and certified return

receipt requested, addressed as follows:

TO:

CITY OF Adrian

135 E. Maumee Street

Adrian, MI 49221

TO:

CITY OF Tecumseh

309 E. Chicago BLVD

Tecumseh, MI 49286

TO:

CITY OF Morenci

118 Orchard St.

Morenci, MI 49256

TO:

CITY OF Hudson

121 N. Church St

Hudson, MI 49247

TO:

Township OF Raisin

5525 Occidental Hwy.

Tecumseh, MI 49286

TO:

Township of Ridgeway

103 W. Chicago BLVD

Britton, MI 49229

TO:

Dover, Hudson, Clayton

PO Box 96

Clayton, MI 49235

or to such other address as any party may designate by notice complying with the terms of

this Section. Each such notice shall be deemed delivered on the date delivered if by personal

delivery of overnight courier; on the date upon which the return receipt is signed or delivery

is refused or the notice is designated by the postal authorities as not deliverable, as the case

may be if mailed.

MISCELLANEOUS

1. COMPLIANCE WITH LAWS

The participating agencies shall comply with all federal, state, and local laws, codes,

ordinances, rules, and regulations which may be applicable in performing its duties,

responsibilities, and obligations pursuant to this MOU.

2. JOINT PREPARATION

The participating agencies acknowledge that they have sought and received whatever

competent advice and counsel as was necessary for them to form a full and complete

understanding of all rights and obligations herein and that the preparation of this MOU has

been their joint effort. The language agreed to expresses their mutual intent and the resulting

document shall not, solely as a matter of judicial construction, be construed more severely

against one of the parties than the other.

3. APPLICABLE LAW AND VENUE

This MOU shall be interpreted and construed in accordance with and governed by the laws

of the State of Michigan. Venue in any proceeding or action among the parties arising out of

this MOU shall be in Lenawee County, Michigan.

4. INCORPORATION BY REFERENCE

The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the

participating agencies.

5. ENTIRE AGREEMENT

This MOU contains the entire understanding of the participating agencies relating to the

subject matter hereof superseding all prior communications between the parties whether oral

or written. This MOU may not be altered, amended, modified, or otherwise changed nor may

any of the terms hereof be waived, except by written instrument executed by the participating

agencies. The failure of a participating agency to seek redress for violation of or to insist on

strict performance of any of the covenants of this MOU shall not be construed as a waiver or

relinquishment for the future of any covenant, term, condition or election but the same shall

continue and remain in full force and affect.

6. SEVERABILITY

Should any part, term or provision of this Agreement be by the courts decided to be invalid,

illegal or in conflict with any law of this State, the validity of the remaining portions or

provisions shall not be affected thereby.

7. UNCONTROLLABLE FORCES

Participating agencies shall not be considered to be in default of this MOU if delays in or

failure of performance shall be due to Uncontrollable Forces, the effect of which, by the

exercise of reasonable diligence, the non-performing party could not avoid. The term

"Uncontrollable Forces" shall mean any event which results in the prevention or delay of

performance by a party of its obligations under this MOU and which is beyond the reasonable

control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes,

storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.

Neither party shall, however, be excused from performance if nonperformance is due to

forces, which are preventable, removable, or remediable, and which the nonperforming party

could have, with the exercise of reasonable diligence, prevented, removed, or remedied with

reasonable dispatch. The nonperforming party shall, within a reasonable time of being

prevented or delayed from performance by an uncontrollable force, give written notice to the

other party describing the circumstances and uncontrollable forces preventing continued

performance of the obligations of this Agreement.

8. ASSIGNMENT

Participating agencies shall not assign or transfer its rights, title or interests in the MOU.

9. SIGNATORY AUTHORITY

Each participating agency shall supply Adrian with copies of requisite documentation

evidencing that the signatory for the participating agency has the authority to enter into this

MOU.

10. NO THIRD-PARTY BENEFICIARIES.

The participating agencies expressly acknowledge that it is not their intent to create or confer

any rights or obligations in or upon any third person or entity under this MOU. None of the

parties intend to directly or substantially benefit a third party by this MOU. The parties agree

that there are no third-party beneficiaries to this MOU and that no third party shall be entitled

to assert a claim against any of the parties based upon this MOU. Nothing herein shall be

construed as consent by an agency or political subdivision of the State of Michigan to be sued

by third parties in any matter arising out of any contract.

11. CAPTIONS

The captions, section designations, section numbers, article numbers, titles and headings

appearing in this MOU are inserted only as a matter of convenience, have no substantive

meaning, and in no way define, limit, construe or describe the scope or intent of such articles

or sections of this MOU, nor in any way effect this MOU and shall not be construed to create

a conflict with the provisions of this MOU.

12. AMENDMENTS

No modification, amendment, or alteration in the terms or conditions contained herein shall

be effective unless contained in a written document prepared with the same or similar

formality as this MOU and executed by each party hereto.

13. NO GRANT OF AGENCY

Except as the participating agencies may specify in writing, no participating agency shall have

authority, expressed or implied, to act on behalf of the other participating agencies in any

capacity whatsoever as an agent. No participating agency shall have any authority, express

or implied, pursuant to this MOU, to bind the other participating agency to any obligation

whatsoever.

IN WITNESS WHEREOF, the participating agencies execute this instrument on the

date(s) shown below:

City of Adrian