CITY OF TECUMSEH

CITY OF TECUMSEH
COUNCIL MEETING
TECUMSEH CITY HALL
SEPTEMBER 6, 2011
7:30 P.M.
AGENDA
1.
Call to order
2. Pledge of Allegiance
3. Roll call
4. Welcome Guests
5. Public Comment Re: Items on the Agenda
6.
Report of the City Manager
7. Consent Agenda: (All matters listed under item #7 are considered to be routine by the City
Council and will be enacted by one motion. There will not be separate discussion of these
items. However, if discussion is desired, that item will be removed from the Consent
Agenda and will be considered separately). (roll call)
1. Approve Council minutes from the regular meeting held August 15, 2011
2. Report of the Downtown Development Authority
3. Report of the Employees’ Retirement Board
8.
New business:
1. Resolution Re: Payment of Bills (roll call)
2. Resolution Re: Approval of Beer Tent at Evans Street Station during the 2011
Appleumpkin Festival (roll call)
3. Resolution Re: Use of “Receiving Boards” at all elections within the City of Tecumseh
4. Resolution Re: Fitness Connection Lease (roll call)
5. Resolution Re: Defined Contribution Retirement Plan
9. Public Comment Re: Items not on the Agenda
10. Miscellaneous business
11. Adjournment
m
CITY OF
TECUM§EJ
MICHIGAN
n./
To:
Mayor and Council
From:
Kevin Welch, City Manageo/"
Subject:
Manager's Report
Date:
August 30, 2011
Business Focus Groups
The City has begun three different focus group discussions. The three different business sectors include retail,
service and industrial. The purpose of the meetings is to identify ways that we can help these businesses grow
and prosper. We also want to know how we can be better at what we do .
M-50 Rail Crossing
Tim Bock has been in touch with MOOT regarding the M-50 Rail Crossing. As you may be aware, the rail is loose .
The state is reviewing the situation to determine what can be done to correct the situation . We are also working
through the state to obtain repa irs to the other crossings on our local streets.
Utilities Department
On July 10, 2011 the Wastewater Plant had a power outage which destroyed the controls for the plant's
switchgear. The switchgear and controls are 25 years old and parts are no longer available. This emergency
repair is being done by UIS. They will be furnishing and installing an Allen Bradley SLC 500 Programmable Logic
Controller (PLC) to replace the existing logic that is currently failing and causing damage to the trip/close coils for
the main and generator. This work should take about a week to complete. The cost of the project is $22 ,862 .00.
The Globe Dam repair is scheduled to start October 4-6, 2011 with the drawdown of the pond starting September
19, 2011 . Notification of the drawdown will be published in the local newspaper and mailed to residents affected
by the drawdown.
Fall flushing will start September 27 , 2011 through October 27,2011 . This will be done on Tuesday, Wednesday
and Thursday of each week from 9:00am-2:00pm .
Tecumseh Center for the Arts
Season tickets for the 2011-2012 Touring Season are now on sale. A package of all seven shows can be
purchased for $150; tickets for five select shows will cost $110.
An Evening with Groucho opens the TCA season on Saturday, October 8, 2011. Showtime is 7:30 pm. Dinner
packages are ava ilable for this show: Two tickets for An Evening with Groucho and a gift card to JR's Hometown
Grill and Pub can be purchased for the package price of $65. Quantities are limited.
It's official ! Wine and beer will be available to purchase at all seven of the TCA's Touring Season shows. Theater
opens one hour before showtime and drinks will be available before the show and during intermission .
Parks and Recreation Department
An active spring/summer season
the parks system is winding down. Tecumseh Park and Cal Zorn
Recreation Center were
throughout the season. Water features were well used,
because of the
hot
we experienced during June and July.
The USTA 10 and Under Tennis Program was well received. Forty-five children participated in the inaugural
program and 10
volunteered their time to coach. Many requests to
the program!
Fall
programs are well underway. Soccer practices have begun and children are preparing to hit the
iron for our
Football
We are also
a Street
Camp
this fall.
Cemetery
I am sure by now that some, if not all of you have had some interaction with lot owners or friends and family of lost
loved ones at Brookside Cemetery, now that we have
removing items from graves that violate the
rules. Dan hopes to have this done in the near future. Please remind everyone that they can pick up items that
have been removed at the cemetery during normal business hours. If you have been through lately it is starting to
look a bit better. We ask everyone to have patience throughout this process and once completed the entire
cemetery will look better and be safer for the employees.
We are currently installing ADA ramps and replacing the sidewalk at the intersection of Seminole and Brown
Street. We have replaced the curb on the east side of South Evans Street near M-50.
City of Tecumseh
Citizens Guide to
Local Unit Finances
2006-2010
Innovative • Timeless • Inviting
CITIZENS' GUIDE TO LOCAL UNIT FINANCES - Tecumseh - Lenawee
REVENUES
1. Where our money comes from (all governmental funds)
2. Compared to the prior year
2009
Taxes
Licenses & permits
from Federal Govt.
from State Govt.
Local contributions
Charges for services
Fines & forfeitures
Interest & rent
Taxes
Licenses & permits
from Federal Govt.
from State Govt.
Local contributions
Charges for services
Fines & forfeitures
Interest & rent
Other revenue
Total
2010
$ 4,069,349 $ 3,894,441
152,736
172,719
94,667
623,681
1,381,903
1,278,715
581,499
581,305
42,636
43,742
174,073
187,852
158,370
154,759
$ 6,655,233 $ 6,937,214
% change
-4%
13%
559%
-7%
n/a
0%
0
0
-2%
4%
Other revenue
3. Revenue sources per capita - compared to the prior year
4. Historical trends of individual sources
600
total revenue
500
7,200,000
400
7,100,000
300
7,000,000
200
6,900,000
100
6,800,000
2009
Commentary:
-
2010
Other revenue
Interest & rent
Fines & forfeitures
Charges for services
Local contributions
from State Govt.
from Federal Govt.
Licenses & permits
Taxes
-
6,700,000
6,600,000
6,500,000
6,400,000
6,300,000
6,200,000
2006
2007
2008
2009
2010
CITIZENS' GUIDE TO LOCAL UNIT FINANCES - Tecumseh - Lenawee
1. Where we spend our money (all governmental funds)
EXPENDITURES
2. Compared to the prior year
2009
2010
% change
General government
$ 1,510,682 $ 1,435,347
-5%
Police & fire
2,341,796
2,151,213
-8%
n/a
Other public safety
Roads
1,398,705
1,194,679
-15%
Other public works
n/a
Health & welfare
n/a
Community & economic developm
567,223
1,617,386
185%
Recreation & culture
1,072,379
923,275
-14%
Capital outlay
n/a
Debt service
126,714
1,218,014
861%
Unallocated fringes & insurance
251,337
218,098
-13%
Net Interfund transfers
75,000
30,000
-60%
total expenditures
$ 7,343,836 $ 8,788,012
20%
4. Historical trends of individual departments:
General government
Police & fire
Other public safety
Roads
Other public works
Health & welfare
Community & economic
development
3. Spending per capita - compared to the prior year
300
total expenditures
Commentary:
-
2010
Extraordinary/ Special items
2009
Net Interfund transfers
5,000,000
Unallocated fringes &
insurance
Debt service
6,000,000
Capital outlay
50
Recreation & culture
7,000,000
Community & economic
development
100
Health & welfare
8,000,000
Other public works
150
Roads
9,000,000
Other public safety
200
Police & fire
10,000,000
General government
250
4,000,000
3,000,000
2,000,000
1,000,000
2006
2007
2008
2009
2010
CITIZENS' GUIDE TO LOCAL UNIT FINANCES - Tecumseh - Lenawee
1. How have we managed our governmental fund resources (fund balance)?
FINANCIAL POSITION
2. Compared to the prior year
2009
10,000,000
Revenue
Expenditures
Surplus (shortfall)
Fund balance, by component:
Reserved
Designated
Undesignated
total fund balance
9,000,000
8,000,000
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000
2010
% change
6,655,233
7,343,836
(688,603)
6,937,214
8,788,012
(1,850,798)
4%
20%
169%
1,833,036
1,041,740
2,008,419
4,883,195
1,871,976
584,990
1,943,251
4,400,217
2%
-44%
-3%
-10%
2,000,000
1,000,000
2006
2007
total revenue
2008
total expenditures
2009
2010
Total fund balance
3. Fund balance per capita - compared to the prior year
4. Historical trends of individual components
700
6,000,000
600
5,000,000
500
4,000,000
400
3,000,000
300
200
2,000,000
100
1,000,000
2009
Reserved
Commentary:
-
2010
Designated
Undesignated fund balance
2006
Reserved
2007
2009 fund balance
2010
Designated 2008 Undesignated
City of Tecumseh
Performance Dashboard
2009- 2010 Fiscal Years
Innovative • Timeless • Inviting
City of Tecumseh - Performance Dashboard
Fiscal Stability
Annual GF Expenditures per capita
Fund Balance as % of Annual GF Expenditures
Unfunded Pension & Retiree health care liability, as a
% of annual GF revenue
Debt burden per capita
Percentage of road funding provided by the General
Fund
Ratio of pensioners to employees
Number of services delivered via cooperative venture
Economic Strength
% of community with access to high speed
broadband
% of community age 25+ with Bachelor's Degree or
higher.
Average age of critical infrastructure (years)
Public Safety
Violent crimes per thousand
Property crimes per thousand
Traffic injuries or fatalities
Quality of Life
Miles of sidewalks and non-motorized paths/trails as
a factor of total miles of local/major road streets
Percent of GF Expenditures Committed to Arts,
Culture and Recreation
Acres of park per thousand residents
Percent of community being provided with curbside
recycling
2009
2010
Trend
Performance
$665
24.2%
$611
26.3%
-8.1% Positive
8.7% Positive
41%
$296
67%
$301
63.6% Neutral
1.5% Neutral
41.3%
0.53
39.9%
0.65
-3.3% Neutral
21.1% Positive
6
7
16.7% Positive
66%
100%
50.6% Positive
31%
32.9
31%
34.9
1
16
23
1
17
21
-40.3% Positive
8.5% Neutral
-8.7% Positive
1.35
1.34
-0.3% Neutral
10.2%
43.3
9.6%
43.1
-6.4% Neutral
-0.5% Neutral
100%
100%
0.0% Neutral
0.0% Neutral
5.8% Negative
City of Tecumseh Dashboard Hard Data
Population
2009
2010
8,479
8,521
5,639,162
665
5,210,368
611
1,363,947
24.2%
1,369,810
26.3%
16,145,336
17,788,227
(1,642,891)
16,278,508
19,151,492
(2,872,984)
407,494
1,069,685
(662,191)
(2,305,082)
5,646,133
41%
504,431
1,114,486
(610,055)
(3,483,039)
5,216,231
67%
2,511,981
2,511,981
296
2,561,981
2,561,981
301
744,477
502,310
1,246,787
487,823
463,926
951,749
Annual GF Expenditures per capita
General Fund Expenditures
Expenditures per capita
Fund Balance as % of Annual GF Expenditures
Fund Balance
Fund Balance as % of Annual GF Expenditures
Unfunded Pension & Retiree health care liability,
as a % of annual GF revenue
Pension funding:
Actuarial value of assets
Actuarial accrued liability
Overfunded (Unfunded)
OPEB funding:
Actuarial value of assets
Actuarial accrued liability
Overfunded (Unfunded)
Combined overfunding (underfunding)
General Fund revenue
Unfunded OPEB liability as a % of annual GF revenue
Debt burden per capita
Total direct debt, from the FS:
Bonds, notes & contracts payable
Capital leases
Total direct debt
Debt burden per capita
Percentage of road funding provided by the
General Fund
Road expenditures:
Major streets fund
Local streets
fund fund
Municipal
streets
Total road expenditures
Transfers from the General Fund into:
Major streets fund
Local streets
fund fund
Municipal
streets
Total General Fund funding
Ratio of road funding to total GF expenditures
100,000
415,000
515,000
41.3%
130,000
250,000
380,000
39.9%
Ratio of pensioners to employees
Number of retirees participating in the DB pension systems
Number of current active employees
Ratio
31
58
0.53
33
51
0.65
Number of services delivered via cooperative
venture
List the individual services delivered via cooperative venture: (place an "X" in each year the services were de
Library
Dispatch
Building inspections
Recreation
Finance dept. consolidation
Assessing
Fire
Police
Police Gun Range
Totals
Economic Strength
% of community with access to high speed
broadband
Number of homes
Number of homes passed by highspeed internet
% of homes with access to high speed boradband
X
X
x
x
X
X
X
x
x
x
x
x
x
6
7
75
4,518
3,000
66.4%
100
4,522
4,522
100.0%
6,086
1,898
31.2%
5,814
1,814
31.2%
% of community age 25+ with Bachelor's
Degree or higher.
Population aged 25 and over
Number with Bachelor's degree or higher
% of community age 25+ with bachelor's degree or higher
Average age of critical infrastructure (years)
Water lines
Historical cost
Accumulated depreciation
Average depreciable life (in years)
Average age
component of the weighted average
Sewer lines
Historical cost
Accumulated depreciation
Average depreciable life (in years)
Average age
component of the weighted average
Roads
Historical cost
Accumulated depreciation
Average depreciable life (in years)
Average age
component of the weighted average
Storm drain data not separate or available
Weighted average:
Total cost of critical infrastructure
Average age of critical infrastructure
1,184,889
892,666
50
38
3.44
1,184,889
952,926
50
40
3.63
1,774,895
5,560,537
50
157
21.41
1,774,895
5,887,148
50
166
22.45
10,025,575
2,101,676
50
10
8.09
10,154,137
2,304,758
50
11
8.79
12,985,359
32.9
13,113,921
34.9
Public Safety
Violent crimes per thousand
Violent crimes
Violent crimes per thousand
10
1
6
1
Property crimes
Property crimes per thousand
133
16
145
17
Traffic injuries or fatalities
23
21
60.0
45
1.348
60.3
45
1.344
Property crimes per thousand
Traffic incidents form the UD - 10
Quality of Life
Miles of sidewalks and non-motorized
paths/trails as a factor of total miles of
local/major road streets
Miles of sidewalks and non-motorized paths/trails
Total miles of local/major road streets
Percent of GF Expenditures Committed to Arts,
Culture and Recreation
Arts, recreation & culture expenditures
577,961
10.2%
499,757
9.6%
Acres of park per thousand residents
Acres of parks
Percent of community being provided with
curbside recycling
Population where curbside recycling is offered
367
43.28
367
43.07
100
8,479
100%
100
8,521
100%
AUGUST 15,2011 CITY
P.M.
The
by
was called to
Mayor JOMson led the Pledge
JoMson.
Allegiance.
Roll call was taken as follows:
JOMson, Council members
Wimple and Wright. None. Housekeeper, Naugle, VanAlstine, meeting by Mayor
to Council
Motion
who State Senator
Appropriations by Johnson and '-"'V''-'U'-'U
and seconded
The following
the
RESOLUTION RESOLUTION was
by Council
VanAlstine and supported
call vote was
as follows:
Council member Naugle. A
YES:
seK:eel0er JOMson, Naugle, VanAlstine, Wimple,
and
RESOLUTION
COUNCIL OF
CITY
2011 list bills to
paid.
To approve
August 15,
TECUMSEH MEETING 1
AUGUST 1
HALL
TECUMSEH
7
P.M.
and
by Council
. Johnson,
VanAlstine, Wimple, Wright,
None.
RESOLUTION DECLARED
and
RESOLUTION
RESOLVES:
OF
CITY
to temporarily modify
hours and
City Hall
public, to Monday -Thursday, from 7 am to 6 pm, this
and will automatically end on
City Manager
25,2012.
and labor contracts in order to
modify the
Personnel
by Council
was offered by Council member
Wright.
roll
vote was
VanAlstine, Wimple,
City
and supported
as follows:
Baker,
RESOLUTION CITY COUNCIL OF
Paving &
(from
$68,137.01 (option
accept the bid
OF
Jackson, MI
asphalt
pavmg
to Maumee St.) and Seminole
in the amount of
and authorize
City
to sign contract
same.
VanAlstine
supported
RESOLUTION was Ai-t-"""".,..; by Council
by
member
A roll call vote was taken as follows:
Wimple,
US(:Keep(~r
Johnson and
DECLARED ADOPTED.
to
a
mausoleum, at a cost of$7,276.00
appropriate
: To ,>"thE'''''?''''
for a new
the City
to make
cost of$10,378.
CITY OF TECUMSEH
COUNCIL MEETING
AUGUST 15,2011
TECUMSEH CITY HALL
7:30 P.M.
RESOLUTION was offered by Council member Baker and supported by Council member Naugle. A roll call vote was taken as follows: YES : Wimple, Wright, Baker, Housekeeper, Johnson, Naugle and VanAlstine. NO: None. RESOLUTION DECLARED ADOPTED. Motion Baker and seconded Naugle, to adjourn the meeting at 8:05 p.m. Motion carried
unanimously.
Richard E. Johnson, Mayor
CITY OF TECUMSEH DOWNTOWN DEVELOPMENT AUTHORITY Meeting Minutes June 9, 2011
7:00 a.m. Tecumseh
Hall
A. Chairman Manwaring called the
B. Members Present:
to order at 7:00 a.m.
Salsberry
Feldkamp, B. Fox, 1.
Also Present: Paula
Manager.
Members Absent:
Kennedy, Siovinski and Johnson,
Motion by Feldkamp; To excuse Johnson due to
Motion carried
due to occasional work conflict. and
C.
None.
D. Motion by J. Fox; Supported
To approve the minutes
Motion carried
Motion by J. Fox;
To allow and pay the bills as
amount of$ J 7.99.
Motion carried
with an additional bill from Martin's Home Center in the
Motion by Feldkamp;
by Salsberry.
To approve the May Financial Statement.
Motion carried
F.
l. Physical Improvement:
No Report.
Next
June 1
,2011,8:00 a.m.
Hall.
2. Organization Committee:
No Report.
3. Marketing Committee:
The new Art Trail Tecumseh and Downtown Tecumseh brochures have been printed and are
distributed.
Next Meeting:
4. ,2011,8:00 a.m. City Hall.
Economic Development Committee:
No Report.
Next Meeting: July
,2011,9:15 a.m. City Hall.
G.
I. Transfer to City for Administrative Services.
This was approved on the list of bills in the Treasurer's
2. Downtown Maintenance Contract.
There was
to the cost and quality of the current contract.
Motion by B. Fox; Supported by
To extend the current maintenance contract with Karle
year
Motion carried
at the current
for a three
3.
Grant Reimbursement Request.
Motion
J. Fox;
by Taylor.
To reimburse JR's Hometown Grill & Pub in the amount of $5,000.00 for fa;;ade work and $500.00
for
installed at their new restaurant located at 11. W.
Boulevard.
A1otion carried
4. Midwest Sculpture Initiative Invoice.
Motion by Salsberry;
by Feldkamp.
To pay the Midwest Sculpture Initiative invoice in the amount of $4,300.00 for the 20 I lil2 Arl Trail
Tecumseh exhibit.
Molion carried
5. July Meeting Date.
The consensus of the board was to go ahead with the
the
6. 7. Incoming Businesses.
Holtz updated the board on The
House Restaurant and other
downtown Tecumseh. Holtz and Welch discussed the
the Tecumseh Community Center.
date as long as there are items on
proposed for
and process in regard to
Appleumpkin Sponsorship.
Motion by Feldkamp; Supported
To support the 2011
Festival in the amount of$l
Motion carried
H.
J. Fox mentioned the upcoming events: Sidewalk Sales and Pet Parade - July Downtown Divas at Dusk 22" 0 The Downtown Classic Car & Bike Show and Music in the Park will be Thursday, June 16 th •
2. Chamber Update.
The
Evans Award Dinner honoring Mary Tommelein was well attended. The Chamber has
a Business After Hours coming up at Raisin
Golf Club on June 15 th • The Chamber is
a
"Tecumseh: In Business Together"
at Embers Bar & Grill on June
at 1:30 p.m.
3. ED Department Update.
Holtz reported the Planning Commission meeting will be Tuesday, June
at 7:00 p.m. at the Fire
Station. The Commission will be discussing limiting office uses on the first floor in areas of downtown.
Holtz updated the board on miscellaneous maintenance issues. The main
downtown are still
under
however, no flowers have been lost. Holtz will be meeting with the Police Chief and DPW
Superintendent in the near future to discuss
lot
in the southeast parking
lot.
I.
adjourned by Chairman Manwaring at 8: 19 a.m.
Secretary: Beth Kennedy
Recorded by: Paula Holtz
City of Tecumseh Employees Retirement System
BOARD OF TRUSTEES MEETING
Tecumseh City Hall
7:00 p.m., May 24, 2011
309 E. Chicago Boulevard, Tecumseh, MI 49286 (517) 423-2107
Minutes
Chairperson Housekeeper called the meeting to order at 7:00 p.m.
Members Present:
Patricia Housekeeper, Chairperson
Lawrence VanAlstine – Co-Chair
Joe Tuckey
Jay Samelak
Member(s) Excused: Monica Andrews, Kevin Welch.
Motion Tuckey, Second Samelak to excuse Monica Andrews from today’s meeting.
Motion Carried.
Others Present:
Kathy Cook, Recording Secretary
Brian Brice, Merrill Lynch, The Brice Group
Motion Samelak, Second Tuckey to approve the minutes of the February 22, 2011
meeting. Motion Carried.
7:10 Mr. VanAlstine arrived.
Unfinished Business: None.
New Business:
Motion Samelak, Second VanAlstine resolution to accept and place on file the
quarterly performance review of investments ending March 31, 2011 by Brian Brice of
Merrill Lynch. Motion Carried.
Chubb Insurance Payment: Motion Samelak, Second Tuckey to pay Meadowbrook
Insurance and Chubb Group Insurance Company $3,680.00 for Michigan Public Entity
Fiduciary Liability Policy for the Public Entity Fiduciary Liability. Motion Carried (by
roll call vote.)
Employee Retirement System Board Meeting-May 25, 2010
Page 2 of 2
Administrative Expenses 2010/11 Fiscal Year: Motion VanAlstine, Second Tuckey to
approve the transfer of $17,500.00 to the General Fund for payment of administrative
expenses incurred by the City in administering the Retirement System for fiscal year
2010/11. Motion Carried (by roll call vote).
Accept the Service Retirement Application of Dave Fritz: Motion Tuckey, Second
Semalek: to accept the Service Retirement of Dave Fritz effective June 24, 2011. Motion
Carried.
Update on various board issued: Tabled until Kevin is present.
Possible Changes to Assumptions: Tabled until Kevin is present.
Adjournment
Motion Tuckey, Second VanAlstine: to adjourn the City of Tecumseh Employee
Retirement System BOARD OF TRUSTEES MEETING at 7:30pm Motion Carried.
Next Regular Meeting, August 23, 2011
Agenda Item Review Form City Council City of Tecumseh Summary:
We
that the City Council
Evans
Station's proposal to host a
Tent,
during the 2011 Appleumpkin
. We
ask for approval to
the alley/parking
lot adjacent to
Station
South of
restaurant located at 110
Evans
Please see the Location Plan for tent layout.
Appleumpkin
Tent will be open
10/7/2011 through 10/9/2011.
The Appleumpkin
Tent will serve beer, wine, soda,
water
with
food
Recommendation:
RESOLUTION
THE CITY COUNCIL OF THE CITY OF TECUMSEH
RESOLVES:
to approve closure of the alley/parking lot
of
Street Station for the Appleumpkin
10/7/2011 0/9/2011.
D
Denied
Continued
Services Director
Title
8/5/2011
Date
LOCATION PLAN
Sketch a layout of the special event site. The sketch must show the location to entrances and exits to
the event, parking areas, sign age, street names, vendors, activities, etc. and other pertinent details.
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Agenda Item Review Form City Council City of Tecumseh Summary:
Michigan
law, MCl 1
that
body of a
or township
may, by resolution, approve the establishment of one or more "receiving boards" to
jurisdiction.
administer any upcoming
scheduled in
When established, receiving boards are responsible for ensuring that 1) all ballot containers
to the
after the polls
are properly
all numbers are properly
in the Poll Book balances with the number of
recorded and 3) the number of names
ballots counted in the precinct.
The use of receiving boards is strongly encouraged by
State of Michigan Election
Department as they provide an effective way to promote the "recountability" of precincts in
event a recount is requested
the election,
that employ
boards
that the check-in process
no more than 10 minutes per precinct.
of
Department recommends having
The
using the "Electronic Poll Book" which we will begin
Election.
boards in place when
atthe November 8,2011
Recommendation:
RESOLUTION
CITY OF TECUMSEH
resolution allowing the use of
conducted in
City
Clerk
17,2011
Title
Date
OF
RESOLUTION AUTHORIZING
OF
FOR
BOARDS
CITY
TECUMSEH
Council of the City of Tecumseh, County of
the Council Chambers of
September,2011
beginning at 7:30 p.m.
State
Hall, 309 East
ABSENT: ------------------------------------------------------168.679a of Public Act 116 of 1
more commonly known as Michigan
body of a
may provide that at an
at which the
one or more additional boards
inspectors be
appointed to serve as Receiving Boards and;
WHEREAS,
and
major political party
WHEREAS, the
improving the accuracy
of polls.
the
of
each
benefit
Boards as greatly
burdens on precinct workers on election night
NOW, THEREFORE BE IT RESOLVED, that pursuant to
116 of 1
City Council authorizes
use
Boards
all
of Tecumseh.
'.n,",,","'''A
foregoing resolution was " .... or"." by
conducted in
City
supported
by Councilmember ___________­
Richard
Johnson, Mayor
I
foregoing is a true
was
the Open
that the full set
Dated:
.LYJ-\.,lvCLllI<,0
complete copy of a resolution adopted
State
at a
available to
meeting was
pursuant
of Michigan,
Act 267, Public
available, as
will be
AU"'''HA.'",
the City
held on
to
1
Agenda Item Review Form City Council City of Tecumseh Agenda Item Number:
8. New Business, item #5
Submitted by:
Kevin Welch
Department:
Item:
Fitness Connection Lease
Manager's Office
Summary:
Attached is an addendum to the current lease with the Herrick Medical Center/Fitness
Connection. The only change to this lease is that it allows for an increase of the lease
payment. Herrick Medical Center is aware of the current discussions we are having with
prospects for the reuse of the Community Center. This impact will continue to be a
consideration as we move forward on any decision to change the use of the facility.
Recommendation:
Council Action:
RESOLUTION
The City Council of the City of Tecumseh hereby resolves:
D
D
D
To authorize the City Clerk and the Mayor to sign an
addendum to the present lease with Herrick Medical
Center.
Approved
Denied
Continued
Bid/Purchase Item:
D
D
City Manager
Signature
Budgeted
'V _ _ __
Pagers) in FY Budget
Not Budgeted
8/29/2011
Title
Date
-
AMENDMENT TO COMMERCIAL LEASE
THIS AMENDMENT TO COMMERCIAL LEASE ("Amendment") is effective as of
the 1Sl day of July 2011, by and between City of Tecumseh, a Michigan governmental entity
("Landlord") and Herrick Medical Center fka Herrick Memorial Hospital, a Michigan nonprofit
corporation ("Tenant").
WHEREAS, Landlord and Tenant are parties to that certain Commercial Lease effective as
of May 1, 1997 and Addendum to Commercial Lease effective May 1, 2007 (collectively, the
"Lease"), pursuant to which Landlord agreed to lease certain space to Tenant;
WHEREAS, the Lease permits modification or amendment of the Lease by means of a
written instrument executed by the parties; and
WHEREAS, the parties are desirous of modifying the Lease as set forth below.
NOW, THEREFORE, in consideration of the above promises and covenants hereinafter set
forth, the parties agree as follows :
1.
Notwithstanding anything to the contrary contained in the Lease, either party may
tenninate the Lease upon 60 days written notice.
2.
The parties acknowledge that Tenant's improvements to the premises constituted rent
during the initial term of the Lease. As an inducement to Landlord's continued leasing of the
premises, and Tenant's continued occupancy, the parties now agree to the following rent schedule:
A. On July 1, 2011 , Tenant shall make a one-time payment of $5,000 to
Landlord.
B. Commencing July 1, 2011 , Tenant agrees to pay Landlord $1 ,250 per month
in rent, payable quarterly in arrears as follows :
Date
September 30, 2011
Decem ber 3 1, 2011
March 31, 2012
June 30, 2012
C. Amount
$3,750
$3 ,750
$3,750
$3,750
Upon termination of the Lease, the parties agree that Tenant shall pay $1,250
per month for any unpaid months Tenant has occupied the premises .
2.
This Amendment shall be governed by and be construed in accordance with the laws
of the State of Michigan .
3.
This Amendment shall prevail over the terms of the Lease and Addendum with
respect to those provisions it intends to change, all other terms remain in effect as previously agreed
upon.
..
,.
CQMMERCIAL LEASE
CITY OF TECUMSEH, presently of 309
WITNESSETH:
Chicago Boulevard, Tecumseh, Michigan, hereinafter called LANDLORD, does
to HERRICK MEMORIAL HOSPITAL,
of
hereby let and
Pottawatamie,
Michigan, hereinafter called TENANT, a portion of the
following described real estate
in the
of
County of Lenawee,
Michigan,
Property commonly known as the Tecumseh Community Center,
lower (basement) level
May 1st
for a term of ten (10)
, 1997
ending
_-"-_ _ _ _ _-' 2007. TENANT agrees and promises to
as rent for said
........"''''''1 improvements to
property with a
of
$200,000 per
and specifications submitted by Krieghoff - Lenawee and approved by
LANDLORD:
is understood that TENANT is leasing the lower (basement) level of the
I
Community
owned by LANDLORD and commonly known as 703
Boulevard,
Michigan.
OTHER TERMS AND CONDmONS:
1. TENANT hereby hires the said premises for the said term as above
and covenants to make the agreed upon improvements
a timely manner.
2. hereby
to pay any and all real estate and personal property
taxes due on
property on
or goods owned
TENANT, and
all
which are to be paid by TENANT
a timely manner
when due. Further, LANDLORD will obtain
pay for insurance in
to
cover the building
or destruction. TENANT shall
to insure TENANT'S
property in the
premises.
in addition, will be responsible and pay for any necessary repairs
and structure so
to the roof,
system, plumbing system, heating
long as any damages are
by normal wear and tear. It is specifically
agreed by
that if
are caused
of TENANT'S
by
TENANT will bear all costs
said repairs. It is
1
..
,
hereto that the intent of this provIslon is
and between the
LANDLORD to bear
cost of
to
above,
the repairs are caused by TENANT'S conduct in which· case
will asstune liability for the costs of
TENANT shall be liable for
ordinary maintenance and
TENANT shall also be
for
and repairs of any improvements which it installs, including but
not limited to any improvements to the
3.
this Lease
TENANT hereby promises and covenants not to ~U'JA""H or
(except to a successor or affiliated
TENANT) or
property or any part thereof without the written consent of LANDLORD. Any
assignment, transfer or subletting
without
written consent
give LANDLORD the right to terminate this Lease and to re-enter and
<::f..I'';<><>o;;;o<> the
premises. TENANT
that if the estate created hereby
of law, or if
shall be
shall
taken in execution, or by
appointed
declared a
or
according to law, or any receiver
business and/or property of TENANT, or if any assignment shall
made of TENANT'S
for
of creditors,
and
such
event this
may be canceled and declared null and void at the option of
LANDLORD.
4. It is understood and agreed by and between the parties hereto that said property
during
continuance of this
shall be used and occupied for health and
fitness
for no
or
without the written
consent of LANDLORD, and that TENANT will not use the property for any
purpose or purposes in violation
any law, municipal ordinance or
regulation
that on any breach of
LANDLORD
at
option terminate this
forthwith and re-enter and repossess the leased
property and
5. 6.
Hazardous Materials Prohibited:
warrants that tenant will not use
property for the
disposal, formulation, application or any other
use of
or
materials or hazardous and toxic waste
as
those terms are defined under appropriate federal and state law and regulation.
if the
is understood and agreed
hereby leased be
or
whole or in
by fire or
during
term of this
same
or any extensions thereof, LANDLORD will repair and restore
2
to
condition with reasonable dispatch, and
case the leased property,
be
to the extent
of the value thereof, LANDLORD may at his option
"
forthwith by written notice to
7. further that
more than one-half
this Lease
hold
TENANT agrees to insure and
'Y"l""rcr,n or property in, on or about the
liabili ty for
TENANT
property and
will
and keep in
public liability and
property damage
for
TENANT in a
sum of not
than $1,500,000 for
resulting to
or
and $1,500,000 property damage insurance resulting from anyone occurrence
shall name LANDLORD as an additional' insured ortsuch-"policy or
policies.
shall
said policy or
to LANDLORD
upon TENANT'S failure to deliver said policies or obtain said policies
LANDLORD may at his option obtain such insurance and the cost
said
shall
an obligation of TEN ANT to LANDLORD.
TltJT'cnn
8. TENANT further
and
he
own
during
the continuation of
keep the said
part
good
(maintenance) and at
expiration
the term yield up and
deliver the same in like
use and wear
thereof and
by
The TENANT shall not
alterations" additions or improvements to said premises without
LANDLORD'S written consent.
9.
The
agree
if during the leased term
shall
instituted under the power of eminent domain which shall result in an
total or partial,
TENANT,
at the
the trial
such
shall commence
shall
void
terms
shall
cease and terminate, and if
continues in possession, it shall
a
TENANT
month-to-month, and
no longer
anything in
instrument to the contrary notwithstanding. All
awarded
such
taking shall belong to and
the property of LANDLORD whether
damages shall
awarded as compensation for diminution in value to the
leasehold or to
fee of the
however; that
LANDLORD shall not be entitled to any portion of the award made to
for of
or moving l
3
10. TENANT shall not perform
acts or
on any practice which may injure
or property or be a nuisance or menace to other tenants in the
the
building or area or to
of the LANDLORD and shall
the
under his control, including approaches, clean and
from rubbish,
and
snow and ice at all times, and it is further
that in the event TENANT
shall not comply with
provisions, LANDLORD
enter upon said
have rubbish, dirt and snow or
removed and the
and other areas cleaned, in which event
agrees to pay all
that
and hauling such rubbish, dirt, snow
LANDLORD shall
for
removal. Said charges shall
to LANDLORD by
as soon as the
to him. LANDLORD will be responsible for
of all
the building, including, but not limited to sidewalks,
parking and driveway areas.
areas
the
concrete
at the West end of the building. TENANT agrees to utilize the
courts as
designated parking space
parking lot, North of the
for
11. TENANT shall at his own
of forfeiture and damages
promptly comply with all laws, orders, regulations or ordinances of all federal,
state, county and municipal authorities affecting the property and buildings
and the cleanliness, safety, occupation and use of same.
12. TENANT further acknowledges he
examined the leased property and
this
to
knows the condition thereof,
buildings
and that no representations as to the condition or state
been made by LANDLORD, or his agents or employees which are not herein
and buildings
the TEN ANT
accepts the
in their present condition at the date of the execution of this
TENANT
hereby acknowledges
that LANDLORD
no representations
or warranties, express or implied, regarding the leased premises.
further agreed that TENANT will install separate meters to monitor
13. It
costs of electricity, gas and water. TENANT agrees and promises to pay
said
property
electricity and any other
due.
utilities during the continuance of this Lease, as the same shall
4
14. It is further
that all
and advertising displayed in and about the
shall be
only as to
business
on
said
property, and that LANDLORD
control the character
thereof,
that no signs shall be displayed excepting such as
be approved in "'riting
by LANDLORD and that no awning or
fixtures
be
or used
on
exterior of
building
approved in writing by LANDLORD.
parties
agree that LANDLORD shall
right to enter
upon and into
leased property and buildings
time LANDLORD
should desire to
any
provided
gives
a
notice
not less
30 minutes. If LANDLORD deems any repairs
(minor repairs, maintenance or repairs caused by TENANT'S conduct) he may
TENANT
the same
if
or
repairs and complete
same with reasonable
forthwith to commence
or cause to
made
and shall not
dispatch
may
accrue to
loss or damage
be responsible to TENANT
the making of said repairs, and if
TENANT'S business by
such repairs, TENANT
that he
LANDLORD makes or causes to be
'-<"-',l."LJ the cost
said
will forthwith
and if
of such payment LANDLORD
TENANT shall
If LANDLORD deems any
this
all the made at LANDLORD'S
repairs which are to
make or cause to
made such repairs and TENANT
cost, LANDLORD
shall cooperate with LANDLORD in the
of such
16. In case default is made
any of the covenants,
conditions
then it
contained or if said
property shall be o<:".rrc.n or
shall
lawful
certain attorney,
representatives and
assigns to re-enter into,
said
and
and
every occupant to remove and put out.
17. In
event
LANDLORD shall, during
period covered by this Lease,
obtain possession of said
by
summary
or
to pay LANDLORD
expenses incurred
otherwise, TEN ANT
expenses
commissions
obtaining possession property and also
may be
in and about the letting of the same and all
to
a full
5
,.
18. that he is responsible for insuring his own personal
fixtures and
LANDLORD
not
liable for damages or destruction'of
personal property, equipment or the
or wanton and willful acts
like belonging to
on the
LANDLORD.
by and
in
event that
any provision or
of this Lease conflicts with applicable law, or is declared
void and unenforceable, such conflict shaH not
other provisions
this
which can be
without
provision, and to
end to the provisions of
Lease are declared to be severable.
It
nOnrATD£>n
one
the
that
shall be cumulative, and
provided by this
benefits, or of
other of said rights,
bylaw.
20. It is
21.
and benefits
not be exclusive
any
rights, remedies
or more
by LANDLORD of
terms
conditions of this
by TENANT shall not be
as a waiver of
further breaches of the same covenants, terms or conditions or as a waiver
any
breaches of different covenants or conditions.
this Lease a provision
made for a notice
any kind; it.
shall
sufficient notice
service thereof if
notice to TENANT
is in
to
at
last
or
leased premises and deposited in the mail with postage
thereon
if
such notice to LANDLORD is in writing addressed to
last known post office
of
and
in the mail with
prepaid
Notice
be sent to. only one
or
where
TENANT or LANDLO~P is more than one person.
22. Whenever
23. hereby
and consents to
jUrisdiction
venue of
Circuit and/or District courts of the County of Lenawee, State of Michigan.
Further, TENANT agrees
this
will
governed and interpreted
to the
the
Michigan.
6
24. LANDLORD covenants. that said
on
the covenants
aforesaid, shall and may peacefully and quietly have, hold and enjoy the said
demised
for the term
TENANT
to close its ""'.""."",.,,,
election day.
November
on
The
conditions contained herein shall bind the
representatives and assigns' LANDLORD and TENANT, and if more than
one join in the execution hereof as LANDLORD
or if they or if
of
be
the feminine sex, or a corporation,
words
the
pronouns and other relative words shall be read as if written in the plural,
and neuter respectively.
hereto- have set their hands on this
IN WITNESS WHEREOF,
noted
first
By: Laura Caterina, City Clerk
)
S8.
COUNTY
LENAWEE)
On this ~ day of
1997,
me, a Notary Public, in and for
said county, personally appeared JACKSON L. BAKER, Mayor,
CATERINA, City Clerk, known to me to
persons who executed
within
acknowledged the same on behalf of the CITY
I
Lenawee County, Michigan
My Commission Expires:
CONNIE S. 13,~RNr;fI NoIaJy PtJlJllo. looawoo
MI My Cornm'lSSlo:J ExrAras Mar. 1, 1009 7
l"
e. \ . .,
STATE OF MICIDGAN
)
55.
COUNTY OF LENAWEE )
Public, in and for
persons
of HERRICK MEMORIAL HOSPITAL.
County, Michigan
My Commission
Prepared by:
Charles H. Gross
Attorney at Law
103 Brown Street
Tecumseh, M1 49286
517/423-8344
8
AMENDMENT TO SHARED
AGREEMENT AMENDMENT TO SHARED
LEASE AGREEMENT ("Amendment") is
as
between
Medical Center fonnerly known as Hcnick Memorial
day ofOctober 2007, by
nonprofit
("Lessor"),
City
a unit of
County, Michigan
WHEREAS,
m"i>P"'PTH
dated
1,2006
"A"~AL'."HH'V-'.H
WHEREAS, the
by the
parties are
NOW, THEREFORE,
agree as
1.
modif'ying
Lease as set
consideration ofthe above promises
a UIl'lTT~'"
by means
of the
below.
covenants
Hvlv1l1'U
setfOlth,
Section 1.4: Term
The Term shall commence on the
Date
shall
earlier terminated, until September 30,2007. The "TenTI" ofthis Lease
01' renewals
the Telm
Lease in
hereof.
L'\....,UH'Vv
with:
The
shall commence on the
Date
unless
earlier tenninated, until September 30,2008. The "Term" ofthis Lease
includes any extensions or renewals of
Telm of this
m
the
hereof.
2.
This Amendment shall be governed by and be constlUed
State of Michigan.
over
terms remain in effect as
te11n8 of the Lease with
upon.
with the
to those
of the
it
IN WITNESS WHEREOF,
parties hereto have executed or caused to be executed this
un'lnAn above.
Amendment as the
HERRICK MEDICAL CENTER
CITY OF TECUMSEH
ADDENDUM TO COMMERCIAL LEASE
THIS ADDENDUM TO COMMERCIAL
("Addendum") is
as of the
day ofMay 2007, by and between City ofTecumseh, a
governmental
("Landlord"),
Memorial Hospital, a Michigan nonprofit corporation, doing business as Herrick
("Tenant").
WHEREAS, Landlord and Tenant are parties to
May 1, 1
("Lease"), pursuant to which Landlord
to
certain Commercial
such
to
WHEREAS, the parties are desirous of modifying the
NOW, THEREFORE, in consideration
agree as
1.
2.
the
as set
above
below.
and covenants hereinafter set
Upon expiration of the tenth (1 Olh) year, this Lease shan continue
montlHo-month,
tem1inated by either
providing
thirty- (30) days' written notice to the other
Add:
Addendum shall be
Michigan.
laws of
by and be construed in
3
This Addendum shall prevail over
provisions it intends to change,
telIDS remain in effect as previously
to
an
WITNESS WHEREOF, the
Addendum as
date first written
HERRICK MEMORIAL HOSPITAL
hereto
to be
CITY OF TECUMSEH Its City Clerk
this
City of Tecumseh County of Lenawee, state of Michigan of
of
Ci ty on the
sa
~'ol'ley
of
of
held
in
at 7:30 p.m.
---------------- ,1997,
Schmidt,
I
and
and
schmidt
resolution
and
f4ember
HERRICK MgMORIAL
from the CITY OF TECUMSEH,
HOSPI'l'AL has
the
lower
were
offered
Gialanella
offered to
(basement)
y _l_s_t_ __________ ,
__
1.f_a_
lease
level of
Center for a term of ten (10) years
Tecumseh Communi
on
ci
the
February
following
WHEREAS,
state
of
None.
Members
The
Council
Gardner I GialaneLla f
Baker f
ABSENT:
City
Lenawee,
day of
17th
PRESENT:
Member
the
the
nn1ng
30th
1 997 and endi ng
2007; and
WHEREAS,
City
proposed
Council
has
a
Commercial
Lease
Herrick Memorial Hospital with the City of
Tecumseh, and finds that the terms and conditions are
notwithstanding that the ten (10) year term exceeds the five (5)
year restriction on the powers of the City of Tecumseh to lease
as here
U.lJL"''''=U,
(5)
d
r JL
Q~7
set forth; and
the lease of public property
to a
referendum procedure as
set forth in the Tecumseh ci
Charter;
that a Petition
for
filed
such
years
referendum
is
subj ect
a
must
be
within
(30)
of the proceedings of the meeting of the
after the !Jubl
Ci
Council,
at
level
such
lease
agreement
The
of
I Lease
the
Tecumseh
_ _ _ _ _ _ _ ,1
(the
Communi
Herrick
Center
and ci
execute said Commercial Lease
Clerk are directed to
that
should
a
thin
of
event said
shall
not
Members
RESOLUTION
Members
until
Council.
None.
ADOPTED. TOrrey.
for
a
ty
Ii
shall be held
Wimple, Baker, Gardner, Gialanella,
SciJmid t and
NO:
be
of
ica­
the
I
further directed by this Ci
YES:
Petition
after
the
and
is authorized by
on behalf of the ci
however,
in
2007,
and the ending date in 2007 to be
Council, and the
in
].fay 1st
on
set forth in said Commercial Lease Agreement)
Tecumseh;
Memorial
30th
on __________________ '
and
date in 1997
tion of
authorized.
of the lower (basement)
Hospital for a term of ten (10) years
this Ci
is
, BE IT RESOLVED:
NOW,
1•
~'lhich
s
time
as
CITY 0
CUMSEH
Invoice
ProMedica
Attn: Rich Laliberte
500 E. Pottawatamle Street
Tecumseh; MI 49286
,
P.O. NO.
ITERMS
PROJECT
Net 30
DESCRIPTION
QUANTITY
RATE
AMOUNT
Annual charge for use of the Tecumseh Community
Center· 1/1/09 through 12/31/09:
$5,000.00
$5,000.00
101
.:
'
.
TOTAL:
Please
City of Tecumseh, 309 E. Chicago Blvd.,
MI 49286 517·423·2107, 517·423-3610 FAX
$5,000.00
Agenda Item Review Form City Council City of Tecumseh Item:
Defined Contribution Retirement Plan
Department:
Manager's
Summary:
retirement system has
to participate in a hybrid
contribution component.
in
well.
modified to require all employees
after June 30, 2011
The hybrid plan includes a defined
and a
defined contribution component will
by Edward
also
our 457 plan for the employees as
Recommendation:
RESOLUTION
City Council of the City of Tecumseh hereby
authorize
City
documents in order to
plan on behalf of
retirement
attached resolutions.
D
necessary
contribution
and to
the
Denied
Continued
Page(s) in FY Budget
8/30/2011
Title
Date
CITY
of Michigan, held on
Boulevard,
TECUMSEH of the City Council of
City of
County
th
2011 in
6 day
Council Chambers of City
Michigan,
at
PRESENT: __________________________________________________ ABSENT: documents in order to activate
system.
WHEREAS, the City
is authorized to
defined contribution plan on
NOW THEREFORE BE IT RESOLVED, that
to provide
~V'4AAA'J~H 401 A
of the
resolution was offered
City
Councilmember - - - - - - - - and
by Councilmember ______--'­
RESOLUTION
ADOPTED.
Richard
Johnson, Mayor
Clerk
CITY
TECUMSEH
RESOLUTION
Regular meeting of
Council
City of
County
th
of Michigan, held on the 6 day of September,
1 in
Council Chambers
Chicago Boulevard, Tecumseh, Michigan, beginning at
p.m.
ABSENT: ________________________________________________
WHEREAS, the City Manager is authorized to
the
documents
defined contribution plan on behalf of the retirement
NOW THEREFORE
Tecumseh
IT RESOLVED,
was
City
of the
"ttpr,,·r!
by
LUUOvH
to activate the
has approved and adopted
with retirement benefits.
CUU>:)'-'H
- - - - - - - and
Johnson, Mayor
Mary Feight, City
City