Council - Regular Meeting

Right, now we'll go ahead and call our meeting to order. It is 7:04 p.m. If we could start with a moment of silence, please. And if we could stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. If you have a cell phone, please make sure it's off or on vibrate. City Clerk, can you call the roll, please? Councilmember Bahloul, here. Reed, present. Stewart, here. Brown, here. Davidson, here. Burns, here. and Messing. Here. Do I have a motion to approve of the agenda? So moved. Support. Councilmember Search, from I'd like to uh propose an amendment uh where we review the revised purchase agreement from the Comfort Lake Bank that we didn't have time to get in our packet and discuss and approve. I Is that a modification to agenda item C where that is a distinct agenda item? So, it would be um Well, it's in fact it's already advised. So, it wasn't included in our packet, but it came in David Worth's this to us and I'd like to see us but the approved acquisitions. But the actual land those wasn't on

there or actually I think that's Return your hands. So, I was going to suggest you either add this as an additional on that item or you can amend the agenda from prior to C to include the approval of both the acquisition and the purchase. So, I'm for C. Yes, so Mayor of our town, you'll have to amend this motion. So, I'm happy to amend my motion to approve the agenda by adding uh item C-2 to include approval of the uh agreement that the land bank provided to us. And Support. Councilmember Bahloul supported that initially. The approval of the agenda? Yeah. Okay, so we're adding a vote on two C. Well, C is a vote, but it's also C-2 is contract we did not yet see. Also has to be approved, so it will be a double approval or not. But at least it's on the agenda. Okay, okay. All in favor say aye. Aye. Opposed? All right. So, we will start this evening with a presentation from the Arts Commission. Mary should be here to talk to us tonight. Good evening, everybody. Mary Slater here at 103 South Superior, apartment 302, and I'm here to talk about the updates on the Arts Commission and the Arts Center. As you know, we opened last November, so it's about 6 months. Um since that time, uh first we had the market. A lot of you were probably there, but since then we've had three major exhibitions, seven workshops, three special events. We've partnered with Salem United Church

across, Jolly Green Junction, Harrington School, Albion College, the Forks Center, and some other places. Um Events that we have coming up are Art Under the Tower. This will be our third event this year. We have a juried art show coming up at Festival of the Forks that we're working with. We will once again have our holiday market. We're also planning special activities with seniors and with youth. And um those will be coming on this summer. Another really big project we hope to have a pottery studio. Casey Merrill is building that and we will have three kilns in there. We'll have classes and opportunities for people to fire the pieces that maybe they have made at home. Uh I want to say special thanks and point out the many grants towards that we have had. Of course, that we have support from the City of Albion, the Community Foundation, the senior millage, the Michigan Arts Council. This is especially one because this is the state of Michigan has given us a grant for $16,000. We also have grants from the Dabins Family Foundation and various individuals and just today I got a grant from the Substance Abuse Services. Um want to point out that we've had lots of publicity, several articles in the Recorder. Um Uh Frank Passic had an article about the history of the building which dates back to the 1880s. It has had several uses since then. Um If you have not seen Naturally Connected, hope you've all seen this latest issue. There's a whole page on the arts featuring us and other things going on in Arts in Albion. If you haven't seen it, I encourage you. Uh the the cover, by the way, is the Sister City mural. Put a plug in for that, too.

Um We've also I appeared on JTV to promote our things. We've been on the uh bone screen and several other things. I brought a couple of papers here for you that's what's going on at the Arts Center, dates and things that are coming up. So, any questions? Any questions for Mary while we have her? Councilmember Search. That's not a question, but just thank you. You're a rock star. I appreciate what all you've done and it's pretty cool to see the um such production so quickly. So, thank you for everything that you and the team over there is doing. Well, I have to say the response from the community has been overwhelming. Literally every literally every day that I'm out, just every day, people come up to me and say, "Well, have you thought of this and have you thought of that?" So, we have many, many ideas and we're and trying to work them all into our schedule. And and just personally, just one little anecdote, well, this happened several times. We just had the opening of the photography exhibition and we had about 60 people, I would say. And to see people come in and stand in front of a work of art and point to this and to that and to talk to each other about what I mean, it's just so heartwarming and it's so special and that's what we have in this community. When you vote. Yes. Councilmember Search, I'd like to say thank you for your enthusiasm. It couldn't have come at a better time. Well, thank you. Thank you. Yes, you guys are doing great work, so thank you. Well, thank you all. Public comment. If there's anybody in the gallery that would like to stand and

address council with regards to an agenda item, you may do so at this time. Just come forward, give us your name, address, and 3 minutes is yours. Emily Forbecki, 1217 East Porter Street. This is in regards to agenda item C. Um from discussion during study session, I do think it's important to note that uh City of Albion currently does not have any requirements or guidelines regarding um building in the downtown district and the historic district. So, while we wish we could wish and hope that um we could um entice building in to match the historic character, we don't have any sticks currently um to make that happen. Um And so, um I think that uh we can be reflective of other um purchases of land bank properties that have occurred recently and um the allowable uses of them and are a reflection of um of our current uh ordinances um and so, I think that's important to take into consideration that currently um there are no uh historic guidelines or requirements when it comes to building a new building um or even any um repairs or revisions um in our historic downtown district. Good evening. I'm Pastor Stephen Williams of 512 West Cass Street. Uh just coming to speak on the National Day of Prayer since it is on the agenda and just wanted to appreciate the council. I believe you all have prayed with us and maybe we'll go over to Vernales Park. But more more than that, I'd like to

invite all council members that are available to come to the prayer um Thursday afternoon at 12:00. I believe that plan for Albion is an essential thing and we'll have to have as many people there obviously but the council members in particular want to pray for you. Thank you. Okay, I serve as pastor at St. Paul Lutheran Church at 100 Lutheran Boulevard and live at 712 Orchard Drive so I'm in precinct three just following up with Pastor Williams. The Albion Ministerial Association had a 5-hour retreat, prayer retreat. We prayed for you folks and we want to let you know that we want to be a little We'd love to be more involved just to be supportive so we hope to be present here, representatives from the Albion Ministerial Association at each of your meetings just briefly and we'd love to spend a little more time with you and maybe address an issue or two in the days to come. So, thank you and you are really definitely our brothers. Pastor Steve and I meet twice a week and I pray and we always remember you folks both. Thank you. Thank you. Celeste Kanallakan, 1212 Jackson Street, Albion, president of the Albion Historical Society. I will follow up with what these fine religious men said. I know that building that's I don't see on the agenda 100 Superior Street may not have a prayer. I'm asking you to have a leap of faith, please, and do something to try and save that building cuz once it's gone, there's no going back. The Albion Historical Society will support you in your endeavors to save it. Thank you.

Would anybody else like to stand and address the council? We're on the next agenda item. Seeing no movement, do I have a motion to approve of the consent calendar? Eyes. So moved. In your packets, we have our regular session minutes from April 20th. We have applications, reappointment for Mike Tieu for the Albion Building Authority. And Michelle Slappy for initial appointment to the Zoning Board of Appeals. We have several applications for park use. Um for McIntosh for Victory Park. Um for Nalax Park. So, our parks are being well used which is what we like to see. Um Any questions in regards to those applications? Any? All in favor say I. I like to propose. Do I have a motion to approve of the Metro Act right-of-way permit extensions? So moved. Support. City Manager? This is for the approval of the use of our right-of-way by the Albion Public Utilities company. And this is an amended agreement. Mayor City Attorney Parks, 2020 to 2030 is being reviewed by our council. The old council. So, the original agreement was for how many years? You would so correct that. Uh I think it was five and had some renewals. I believe so. It had um It had some renewals because it was um It was normally every 90 days more like

a year and a half. But they're only asking for five years to pay. So, this is for renewals but this is for four years. Oh, yeah but the permit expired in 2025 so it's kind of almost like a renewal. Yeah, renewal. Okay. Thank you. Do you have any questions for either City Attorney Parks or City Manager Tieu? All right. All in favor. Nope, I'm sorry. Roll call. Councilmember Williams? Yes. Rainey? Yes. Stewart?

Yes. Ross? Yes. Baker? Yes. French? Yes. Councilmember Sanders? Yes. Do I have a motion to approve resolution 2026-22 to apply for the Albion Forestry Assistance Grant? So moved. Support. City Manager Tieu? On behalf of council members, Councilmember Sanders put in an application for a grant opportunity and this one in particular is seeking $35,000 to support tree planting and pruning and removal of passages. Any questions for City Manager Tieu on this one? Please. I have I have one question. Go ahead. What numbers are you working with in terms of the grant because we have contracts, you know, in terms that have the the X on them all. So, do you have a specific number that this grant will cover? I can get back with you in regards to the breakdown of how we would utilize those dollars. Okay. Any other questions? City Clerk Neda? Councilmember Rainey? Yes. Stewart? Yes. Ross? Yes. Baker? Yes.

French? Yes. Williams? Yes. Councilmember Sanders? Yes. Do I have a motion to approve of the acquisition of 100 South Superior Street and on with the purchase agreement? So moved. Support. City Manager Tieu? I would ask Director Jackson Carn to come up and address us. All right, all in favor. Is this which item is this? [laughter]

It's a resolution to approve the change order for the Beamer McDonald No, no, no, no, no. I'm sorry. That's why I had that [clears throat]

Um Do you have a motion to approve She We don't have the bridges for 100 South Superior. Oh, I wonder why. I don't know still. Have the thanks up. Um this is the item that we had an extensive conversation at the study session regarding the property at 100 South Superior that is owned by the county land bank authority. Um it was scheduled for demolition. They received some offer funds and they have extended a opportunity to the city to acquire the property for $1 plus closing costs and that purchase agreement was just added to the agenda. We'll see that today. So, it's on council's um confirmation on whether they want to um buy the property and move towards the stabilization and rehabilitation or to essentially tell the land bank to proceed with the demolition. Councilmember Council? Councilmember Rainey? Thank you. The comment that I was going to make is I picked up on, you know, several things regarding the conversation regarding our conversation during the study session and one really struck me because I I guess the land bank had contacted the city regarding the possibility of options for the building and the city did not respond or administration during the time we were in transition. And so, it seems like it's kind of a bad situation for us as a city that we were in transition, decisions were made. Now that we have

more stability on the administrative level, the decision has been made with very few options. You know, all all I thought the option is to agree, of course. And so, it's kind of I agree it's a lose-lose situation for us. Had we known, you know, that there were decisions that were going to be made regarding 100, then maybe, of course, we could have done something as a council to help leadership or to bring it to the attention of leadership. But to kind of be met with a devastating decision, you know, a couple of weeks after we have gained stability in our community, I think is is not in our best interests. So, uh the management part, the lose-lose lose part, the things that the possibilities, that's why I asked, what are the possibilities? I know that there are deficits. I know there's insurance. I know the security of the building and things like that. But just the situation that we're placed in as a council on the short notice and we did know what was transpiring three months ago. So, just it's uh I'm just kind of frustrated because Mayor Pro Tem Bryant? Yeah, thank you. I just have a question. maybe from the engineer, maybe from the land bank. Are we If we approve this demolition, is is the building that's going to be now the outside wall, is that sufficient or will need to be stabilized as part of demolition? We would stabilize the exterior wall of 104. The north face. Of the crack in the Yeah, yeah. That That Yeah, the former internal wall which is now Okay.

Yeah, it's an exterior wall, but it would be exposed. Yeah. Sorry. So. It's probably not enough. Yeah, so the wall between 102 and 104 is an exterior wall because those buildings are not actually connected, but because it would now be exposed to the elements, it would need to be treated. So, when the engineer talks about the Did I get my directions correctly? South of the South wall of our building that to which faces the pizza joint.

Yeah. That was never treated after it was exposed when that the building that was adjacent to it came down. That's why it's in has so much trouble right now. So, we don't want to do that to the wall of 104. Okay. Yeah. You just don't want it to be like a domino. If we end up demolishing, we don't want the next one to then domino over the next one, so Yeah, I guess I would add um the owner of 104 has allowed our engineer to be in their building to check it out and we're actually going back in tomorrow morning or tomorrow at some point to view their basement and we want to make sure that when we build it, we don't cause any problems. So, they've been very cooperative to let us go in cuz you always got to be careful with the adjacent buildings. And so, Albion has also allowed us in their building to check that out to make sure that, you know, we're taking that into consideration. That's So, we're done. Thank Mayor. I still think that the biggest part of this issue is not simply about an old building. It's about setting a precedent for who makes decisions about what our community looks like today and tomorrow. And I think that we have the opportunity now to hold this piece of property in the interests of the community. Not the interests of an organization that is outside of Albion. And I think that really matters. Albion, as we all know, is full of barren buildings that are owned by I call them deadbeat landlords, people who are outside of our community, who don't care what our community looks like. And we can see we have seen how damaging that has been to us.

If this building is in our control, we have the power to do something about it. And I trust this community to make the right thing happen. If we allow the land bank to take it away from us, we don't just lose the building. We lose the power to inform the next property owner what that building's going to look like. We lose the ability to decide on what terms the property is transferred. If we find a developer if uh who can really has great dreams, has the ability to turn it into something that this community can be proud of, the land bank has no choice but to sell it for whatever market value value is. And we know that in Albion, sometimes market value is just too high for this community. So, I think that if we allow this building to be demolished uh we don't take control of it, we lose something more than just a building. We lose our authority and our ability to take care of our own community. And I think that's a very important thing. I I agree with you on some of the things, but still I think about the safety of the you know, the safety of people around that building and and what might happen to them should say for instance of the brick one come by and start throwing bricks and stuff off. Then that's that's what hurts someone, so I don't know. So, I I know that for me personally, this has been weighing very heavy on my mind and in my heart just because I I see both sides of the point on this. I and I and I want to do what is right for the city of Albion.

That's why we're here tonight. Um to think about the future of the Albion as well. And so, when I'm reflecting and through these conversations and requests for information, I believe we have some people in this community who are going to move every possible stone to try to find resources to keep that building in our community. I believe in our city manager. I believe in our EDC I believe in our DDA chair and their work together to be able to find resources to stabilize and hopefully find a developer for this building. I think that we can find funds. We have phenomenal grant writers in our community now that are going to look for every possible way to get funding to help stabilize. And similar to what Councilman Frost said, I want to be able to see that the city has a decision. That we have that authority to say who we sell to and how that gets developed. I think that is very important for our city in regards to revitalizing our downtown. So, those are my takeaways from all of the conversations that I've been a part of over the past several weeks. Uh the meetings that I've been in. I have faith. I have faith in I think we we have the right people in this community right now who can make a difference for that building. You think

so? That we will have we will get the money to do it. I believe we can find resources. It may not be this year, but we have folks who are willing to roll up their sleeves and help out. And I believe in this community. I I've seen it in the past as we said with the Historical Society with the Ismon House. It can be done. It can be done. And I know it's not an easy decision. And I know all of you probably have your own different thoughts. But I felt it was important that I shared mine before we get to the vote. Okay, should someone say for instance walking by that building walk with one leg in, you know, and something goes off and hits them to where they have to go to the hospital or something, is the city going to take care of the bill or is that Chris for responsible for? So, our insurance will cover us for liability. Which means our insurance will cover it. Of course, we'll have to pay the deductible and each instance of that is $10,000. So, if depending on how much they're injured, I mean, if we file an insurance claim for it, we would pay the first $10,000. And it only covers for liability. It doesn't cover us for anything else. Thank you, sir. You're welcome.

[clears throat]

And Councilman Reed, I think I think that um even if even if uh we decline this to and if we say no as a council, the land bank has the same kind of an issue between now and the time it was demolished because a brick could fall. And that's why they're carrying insurance and that's why we would carry insurance uh liability insurance. So, I think it's a fair question, but to my earlier statement, I don't think we're in any really more grave danger than we've been in the last you know, number of years that I've been here. So, I would like to see us make a decision um in faith, maybe, um but a decision that we step out and we we set an example for this town. I I am so proud. I'm so pleased with um with what the county land bank has done and what Chris brought tonight and the professionalism which they've shown. I'm so pleased with our city manager and with our EDC and with the uh the the DDA has been very passionate about this as well and Mr. Perbecky has um been very instrumental in in helping to um bring some of this discussion. I I'm just so proud of our community. And I too am optimistic that this community can do this. And and I think this is an opportunity for us to move in the direction that we've been starving to move him. And that is to make a stand that we're going to move forward and we're going to build up this town and it's going to be on the right decision and the right direction and we're going to have a stake in it. We're going to have a say in it. We're not waiting for things to happen to us. We're going to make things happen. And so I think we should move forward. I still

think we should move forward with this despite there being risk. I'm I'm not insensitive to it but I think that I too have faith that we can make this happen. Council member Yeah, thank you, Mayor. Thank you, Mayor. Um I would love to see this building stand. I really would. I'm skeptical of the um phase two environment um just because of what we've experienced in the past as far as phase two environment and mercury and other contaminants being in the soil and the the immense expense that comes with that. Um as you said earlier, the municipal building on the 100 block of Superior Street um had a $500,000 in remediation. They were literally taking the dirt out of the basement with buckets because of you know, they're inside the building. There's no other tools that could have been used in that scenario. Um This is a risk that we have to weigh on the scale of um return, risk and return, risk and reward. Um the building is in terrible shape. It it did have a fire. Um we it is bulging bricks and you know the the building's in a terrible position at the moment. Um and we still don't know what's in the ground after we purchase the building. Um a dollar isn't a lot of money to purchase a property. But the risk involved in that is um with that being said and me me taking full consideration of um everyone's feelings about the building, everyone's thoughts as far as what we should do going

forward, but just knowing how much these things cost and how we're going to handle it going forward, who's going to take ownership of the property. Um who's going to be responsible for the renovation, how we're going to fund this going forward. Um I think it's a very big liability for the city to assume. Yeah, two. We Two cents. Thanks. Um I hear what everyone is saying and it occurred to me just now that um what we're saying if we approve this um we're saying no to resources that the land bank might give us to help with them with the issue. But what we are getting is the very thing that we need which is time. With minimal liability protection in case of an accidental brick falling we make a commitment with the help of our partners all over the community to acquire enough money by any means necessary, big sale necessary to to put in a minimal amount of stabilization to the building to make it safe enough that someone can see the potential of that building as an investor. Who would then with the indicator with the environmental assessment be able to make a educated decision about whether or not to invest in that property or not. And given the amount of opportunity that exists for downtown development everywhere in the state, I'm confident that given the thing that we that saying yes to this will do it gives us time. And that's what we're all asking for because we've been given a very short leash to make a decision on. And by just taking this risk

for a short term buys us that time. And given the fact that the land bank is investing hundreds of thousands of dollars on other properties in downtown Albion I think it's worth the risk. I really do. I know it's a risk. It it it gnaws at me because we know nothing is expensive as as cheap as we can get. We might be get a low ball number and we might as well go, right? Get a high ball number, you might trip. But I think think what's been said in the council, what's been said in our community has said that we want to save it. And yes, it's a hard decision, but we are elected city council members to take the views of our community and take a stake. So I'll take that stake. Thanks. Council member Yeah, um where will the long term ownership of the property be? Will it be with the ABA or um the um the EBC? Or will it be with the city? Okay. It'll be the city. So that'd be that'd be under the ABA? Long term? No, long term. After we've made that determination, there's been conversations about one of the entities that you've mentioned um being the lead organization as well as either an existing nonprofit or the creation of a nonprofit created for the specific purpose of the stabilization and renovation of that building. But those things we have not had an opportunity to to explore fully. But I really couldn't respond yes with that long term plan. Okay. Um my skepticism in that is under the ABA um didn't they own Maple Grove weren't wasn't it Maple Grove station over there? And we just got rid of a income producing property in order to

buy Okay. I'm just I'm just trying to be fair and current. Um All right. Council member I would say that I wouldn't like to see Albion own it for the long term. I I think the idea would be for the city to or that the the extended Albion to mobilize such that we could take off of the city's um area of responsibility as soon as we possibly can. And I think the preference would have been if we if we would have had time to think things through and set things up it wouldn't have come to the city. It would have gone somewhere else if we had that ability. But because of time, this is where we are today. So in my opinion, it would not stay with the city any longer than it would need to stay with us. Attorney Harris So I just want to reiterate what our environmental consultants and EBC and Councilman Stewart has expressed was the exact concern that our environmental consultants had. If they just if there's something discovered in the phase two it may not be off the city's books as soon as possible. It may be with the city forever because if there's something that they find it's not going anywhere until the city of Albion and we don't know that because there hasn't been a phase two. So their recommendation was not to take it on because it could be an endless pit of of uh remediation and abatement for the city of Albion. Thank you, um Mayor Bizzell. So I am not the expert in this, but I have some experience and uh in my opinion, again, where I may be wrong, is that we do not have to go do a phase two immediately. That phase two can fall on the next owner or

whatever our plan is and that is not required. That is an optional item. So for example, when a private entity works in downtown, they do not have to necessarily remediate to the extent of the land bank is required because they're tied with their funding to certain restrictions and regulations. So they they have a lot to deal with. And with a private entity or a nonprofit, that is not necessarily the case depending on any grant making um uh ties. So it's not a done deal that it has to be a phase two. And it certainly doesn't have to be immediately. One of the things I proposed in an earlier session is that the stabilization happens first as has been discussed tonight and then at that time whoever owns it makes the determination whether we proceed with a phase two or whether we we go with what we know at this point. Council member Yeah, thank you, Mayor. So um in what you're what you're saying do we can put the property up for bid following the approval of purchasing the building tonight? Not for at least three months. There is a time frame that we have to follow. Right. And we don't have to get a phase two environment before selling the property? I do not believe we have to have a phase two. I'm not the expert. I'm Thank God. Well, I thought that's what I got it from what you were saying, but I was just trying to make sure. Councilor, do you know if they've done all their phase two? Well here's what I would say. I mean if I was approaching this if I was representing someone looking to purchase the property. In a real estate transaction, probably one of the most dangerous things you could do is saying I'm going to take a property as is condition. Which is exactly what the city would be doing with land that but if I was a

private entity, whether a non-profit or developer, I would want to know before I enter into a purchase agreement exactly what hazards that property contains. If I was the attorney advising them, I would say absolutely not to buy a property that you don't know what's what's there, especially if there's heavy metals that have been located across the street. Cuz odds are there's going to be heavy metals on this side of the street. So I would I would tell them no way. Get get it to phase two before you even enter into a purchase agreement. Now, that's not to say that it's that it's impossible. Maybe there's somebody out there that would, but if I was going to be advising them, I would say absolutely not. Dave, is there iron built, do you know? For commercial? Um Yeah, in Michigan environmental, I'm not an attorney, I'm a consultant, but in Michigan environmental liability is based on causation. If you caused the contamination, you're you're you're liable for. Before 1994, Michigan was a strict status liability. If you bought it, it was contaminated, you bought that liability. Um the it's strongly recommended to do a BEA within 45 days, conduct that BEA within 45 days of purchase or the ownership or operation of a property. That way you can quantify the pre-existing conditions and file that BEA and then that's one way you become exempt from that liability. We've seen property owners that acquire property through they inherit it through land contract, they pay cash, no one advises them to do a BEA. Um it's you can still fall fall back on that causation liability. Um but if Eagle, the state comes and says we think you're liable for this, then you would have the burden of proof that you're not liable without a BEA. The the honor of preponderance of the evidence or something like that, so more than 50% of the evidence that

So if it was urban fill, arsenic, heavy metals that was put there a very long time ago, odds are the city didn't put it there. And um so again, we have this is kind of a different of a you know, you're you're voluntarily acquiring the property through a purchase agreement, even though the time frame is extremely tight, you are voluntarily acquiring it. So we always recommend a BEA. Um I don't if I can ask, I don't I don't understand I don't I'm not familiar with the other site. You know, we are where we've had buildings with urban fill, we always look for what's in the soil, what's in the soil gas, what what vapors there are. And um the and I've done a lot of these where it's new construction and also rehabilitation of an existing structure. And I've never had to go in and excavate out contaminated soil below below an existing structure to remediate contamination. We've taken out soil as we're cutting, we're doing trench saw cutting the floor to put in a the venting system for the vapor to get in you and we've taken out buckets of soil if it's a urban setting, you know, a conveyor type system and by the end taking out some of that soil not to not to remediate the soil but to make room for a trench for a pipe that can capture the vapors and then get PVC piping that to a fan emanates it through, you know, evacuates it above the building. And then that's monitored to make sure it's safe. It's sampled to make sure it's safe. So um you know, so I've I've had, you know, these systems they can be um expensive. It's uh for an existing structure, $8 on the high, 8 to $10 per square foot, whatever the footprint of the building is, not

every the square feet of the entire building but the area. So and um that includes removing the soil and um so again, to clarify a few things, I've never gone in and you know, that's the beauty of a vapor mitigation system is you can leave those pre-existing conditions there. You're just keeping the vapors from entering the building and that's safe for residential use. We've used it on affordable housing projects with MSHDA where Eagle has to review and approve a response activity plan and doing that while leaving the soil in place. Councilman Herringshaw, Sir, I have I've got a follow-up question for you at this point. Uh since you seem to be the expert for can the uh this this soil contamination that you're you're expecting on there, that's in the basement of these structures. It'd be below the slab. Below the below the structure. Yeah. Can the basement be uh the floor be covered with concrete to and to mitigate or install something? Is that a possibility?

Yeah. Yeah. And I'm is this basement have a dirt floor we know or is it all No, it's it's a cement concrete. Yeah. So that concrete is it does create like a physical barrier, you know, between you know, the public and the soil. Um so that is a physical barrier from coming in direct contact with it, but in terms of vapors, there would be any cracks or fissures or penetrations, utilities coming in, that's where the vapors come in. And what a vapor mitigation system does is you through a series of sumps, you drill a hole through the floor and you put it you excavate out the soil, put in it's basically an open air space or we'll saw cut excavate out some of the soil, put in gravel and put in a slotted pipe and then cap that with concrete and then this is all enclosed in like a piping system that's all underneath the slab, it covers the entire footprint of the building building and then through vertical pipes that go through the roof, either up a stairwell or elevator shaft or on the exterior and then an inline fan on top and it creates a negative pressure under the entire footprint of the building. So that means that any vapors that get generated naturally, we've seen in the past there would be passive mitigation systems, no fan, but we always hook up a fan just to make sure um it creates that negative pressure and then the systems that we put in and we design, they're monitored to a telemetry system. So it's 24-hour monitoring computer, you know, with a software on your phone that you would get an an alert immediately if if one of the fans shut down or you had a power outage, then you could respond to it quickly. And so and those are on um buildings, we have them in Lansing and other cities where they're former dry cleaners and extremely toxic chlorinated

solvents, residual solvents in and around the property and then we've excavated and cleaned it up, you can't get everything and um where we have those type of vapor mitigation systems with that telemetry monitoring system, that's a I'm not we have they're they're commercial and mixed-use they're mixed-use developments, so they're residential use as well. And um we had one with a coupler for the fan, it's like a reducer and it's made out of like a rubber type material, you've seen it like a and in a high wind, that fan was top heavy and fell, you know, kind of created a kink in the coupler and the the propeller stopped. We immediately got a notice on our phone and so did our client and so we were able to respond to it quickly, you know, within a matter of hours. Is is this ventilation equipment, is this is is this a requirement? Is it a code requirement for this type of Um treatment? That's a good question and I'll give you an example. So uh recently, we've done um phase two investigations at 105 Porter, we did it at the 105 and then the 215 217 South Superior. Both of those had that urban fill and um the that 300 Superior by the 105 Porter, one of those samples, you know, had a chlorinated solvent and we don't know where it came from. It could be from the fill, it could be something that was dumped there. And then same thing with 215 217, we did borings in the grassy area outside behind the building and we had some um volatile organics there. They were at levels that are below the threshold or the criteria needing mitigation, but they were within what's called the 10% rule. So if the criteria is a thousand, we had it at a hundred, we're going to do more sampling. We're going to sample in another um 90 days on one of them

and if it's still within that 10% rule, we're going to do another round in another 90 days to see if there's any seasonal fluctuations as the it gets warmer out or it gets colder to see and if it's if it we do and we if we end up doing four quarters and it's below that thousand, I'm using as an example, but you know, detectable, we don't need to do any mitigation. It's only when it's above a residential level through um And this would be you know, I'm speculating cuz we don't even know what's there, but if we were to do a soil gas investigation, we'd be doing so many soil gas pins throughout that building and Eagle gives you a guideline, you know, if it's this many square feet, have this many sample points across the entire footprint of the building. So we would be looking to do that to either you know, make the informed decision to recommend the system based on data, not on our opinion, based on data or not. And um you know, that type of system would be an eligible activity um that the Brownfield Board does have their local revolving loan funds, you know, the balance of the loan fund to pay for those types of systems, to pay for that type of investigation um possibly I think to even um pay for the um life and safety measures. Short-term or immediate shoring, securing you know, the exterior walls that are bowing, creating a danger. I don't know what it would look like, but I did that in uh Ypsilanti. We had a Brownfield project. It was an old Civil War barracks, you know, very old building, very bad shape. They did have a collapse inside the building while a previous developer was looking to clear the building. And um very dangerous building. And

before we did anything, there was life safety measures, complete shoring around the exterior to hold the walls up before any work could be done on the interior. And we were able to get those costs covered under our Brownfield plan. Okay. Thank you very much. Councilwoman if you have a question. Yeah, I got a question. Um I'm sorry. [laughter]

In addition to the the size of the building, um do you know how much like rough estimate um putting in that building system for that? Um I don't because I didn't research, you know, I just found out about this like 3:30 on Friday. Um and then today is very busy, Mondays are always uh and so that's why I threw the you know, we we put them in from very simple but effective systems without the telemetry system, you know, it can be down to four or five dollars a square foot. Usually when I'm talking to a client, I'd say it's depending on how complicated it can be $8 a square foot. So whatever the footprint of that building, I don't know if it's 6,000 square feet or 10, I don't know, but I would use like an $8 a square foot number for that. For Yep. Thank you. Any other questions or comments from council? I just have a comment. I really appreciate hearing from council members as well as the community regarding the difficult decision and trying to summarize in my mind the difficult decision that we are making. Um and I I agree with my fellow councilperson in terms of making the decisions, going out on the limb, having trust in people that we have hired to work with us to bring resources to Albion and to make our community better. But thank you for giving us this opportunity. Thank you for the citizens who have spoken in terms of in favor of or maybe other options, but at least it helps me to have make an informed decision. And that's all for now. So that's all is called the question. City Clerk Minga. Can you repeat what's what this question

Call the question means it's time to vote. Do you agree that it's time to vote? You don't want to talk anymore. So the vote you're taking right now is to end debate. It's not on the main question, it's to end debate. The city manager. End debate. City Clerk Minga. Council member Stewart. Yes. Frost. Yes. Adas. Yes. Bryant. Yes. Williams. Yes. Reed. Yes. And Merriweather. Yes. Now we are voting on the purchase agreement and moving forward with obtaining 100 South Superior. I thought we were buying that machine. I thought buying the I thought we were voting to acquire it and then we were going to discuss how to pay for it. I thought that's what I thought you were saying the same. So you're saying the motion I thought I thought we were voting to acquire it. Yeah. Yeah. Cuz I thought we had some more questions about the contract. Okay, so No. What questions do you have about the contract? I don't. No, I just wanted it if it was not officially on our agenda. So I would include it in the I I just I'm I'm just saying sorry. One one vote. Yeah, so to purchase 100 South Superior. City Clerk Minga. Council member Stewart. Yes. Frost. Yes. Adas. Yes. Bryant. Yes. Williams. Yes. Reed. So say yes. And Merriweather. Yes. Do I have a motion to approve resolution 2020-6.5 to approve change order number one for Beaver Meadow and Dean? So moved. Support. I know I can come up

You're asking a motion. Yes. Yes. Second for Good evening, council. Uh this is a change order because once we started moving the uh pavement and doing the construction, we learned that some of the other curb and gutter uh some of the sidewalk areas were pretty bad. We just don't want to leave that and put it back with a brand new road, new sections of curb and gutter and and sidewalk. So this was uh we went out there and met with the contractor. We feel that if we're taking this all out, redoing everything in there, let's do it right and put all new curb and gutter in the whole section. So um that's what this change order is. It's just the extra 25,000 to go the extra feet get all of Beaver Meadow so May not or yes and not. Did you have any agreement? No, I said no. Do you have any questions? For graphic current on the side. Just represent the normal water 100%. Yeah. City Clerk Minga. Council member Frost. Yes. Adas. Yes. Bryant. Yes. Williams. Yes. Reed. Yes. Stewart. Yes. And Merriweather. Yes. Future agenda items. Anything council would like to see in an upcoming meeting? I'll hear what you got. Perhaps the uh establishment of a more formal sort of structure of the collaborators who work on on the top three. Any other Yeah, Councilman Frost. Thank you, Mayor. Got a few. Um I'd like us to review uh

and discuss our process for review of demolition by our code enforcement that is SafeBuilt. Get an idea of what the policy and procedure is on who gets notified about this. Because I think that this is uh really just a prelude of of things to come if we don't uh pay more attention to what is happening to the buildings in our community. Um I'd also like us to discuss what a historic preservation ordinance would look like, how they work, uh how the city might adopt one, uh where its limits were, what the protections might be. I'd like to see those. I think that we'd benefit from those. Mayor Town. I'll read the thoughts careful. Any other agenda items? Yeah, I I would just like to I was thinking the same thing in terms of an ordinance um that we can discuss so that the community know what we what what, you know, as a city and what we would like for our community to look like. So I agree with the ordinance in terms of a guideline for us to follow. Yeah, thank you, Mayor. I'd like to just add to that I had the opportunity of about five weeks ago to sit down in in Marshall. Marshall was discussing adding ordinances to their city policies and they had a SHPO representative there who I thought gave a very good presentation. And I would suggest that perhaps we invite a representative from SHPO to help us learn about that process and possibly navigate it. So Councilman Stewart and myself do sit on the BDA and there's also

conversations at that level about having actual plan for this 700 block building and how would we create guidelines for that. So that's also a conversation being held at the BDA too. Any other items? Has the building decided to check out the cemetery out there? There was some people asking questions about So You're talking about the memorial site? I don't know. Yeah. They won't be willing to let us know about that. Any other agenda items? All right. Uh public comment. And then I gather that would like to stand in the dress council, you may do so at this time. So, it's Connie Walker, 12 North Jackson Street, Albion. Thank you, everybody, for your bravery, your courage, and your willingness to have a leap of faith and to take on what the great staff did for you. Uh my name is Sally Sitter, 1211 Edwards Street. Also, like she said, the enthusiasm and the pros and cons and the listening to the council work together and come up with a great solution to save that building. It would be like having the poop the city right now. And the front, you know, you didn't take it out. So, I just think you did a really sweet job. I'll save it. And and it will happen. You know, the people in Albion will always move forward in in positive way. So, thank you. Anyone else?

Good evening again. Eric Smith, fire and public safety. Uh just touch base. Thursday, April 23rd, uh there was a lockdown that was issued. We had an incident north of town near the water tower where we got a complaint of a person with a gun who was pointing it at two other subjects. Not incredibly uncommon, however, it is that it happened at 11:00 a.m. We had a lot of people on duty. County and MSP were all around as well. Uh one of our officers got on scene very quickly, was able to identify one of the individuals who took off running. Uh we were able to establish a perimeter very quickly. Our own and with uh our use of our K9, county's K9, and uh Gerald and our marshal, which I might have only with Uh we searched that perimeter as much as we could, however, we believe the individual went into a local house, couldn't weren't able to find him. Eventually found the other two involved. Um and through an investigation, it looks like they were victims of the incident. Uh given that though, did not want to take any risks. So, that lockdown was out of cautionary for Marshall Opportunity Schools, Albion College, and then I spoke with uh Billy at the community Albion

[clears throat]

chamber. He was able to reach out to all their members by email, and then followed up by phone call. It happened pretty quickly, and I was pretty impressed. So, and then I've spoke with um city manager, Dr. Terry, about um establishing even following up on that and establishing more better protocols as far as getting that information out there. Um if you were in town, you likely got an alert from dispatch. That was an existing resource that we have. So, they sent a It's happened twice now recently this year, once on Erie Street where we had barricaded building, and then again here north of town where dispatch sent out a message to everybody south of the area and told them to stay away from the area. That'll happen for a little bit, but generally more people come and want to see what's going on, and then we can lead to more trouble sometimes. Um construction on North Albion Street. Um that is blocked off as about as best as it can be. We're going to meet tomorrow with I believe it's me, Greg. Um try to establish a couple more signs in a couple more other locations um before this meeting at before this study session at 6:00. Um we had 16 traffic stops inside that zone. Um some people are elderly and genuinely confused. Other people just blatantly ignored it and felt they are entitled to that road and they can do whatever they want on it. So, try to educate everybody as best we can. So, we'll look at establishing making that area secure, more secure and safe for the people that are working in there. They're really appreciative of us being there today. So, we'll continue in and we're on Yes. I mean, it seems silly

[clears throat]

that it was closed on Saturday and the work wasn't going to start till Monday. Yes. So, kind of weird. I know it was Well, sometimes they do that just to get everybody in the habit of working around it, but generally it doesn't work that way. Um and to briefly just touch on um the burned buildings up to your question. So, if we get a fire in a residence or and then there is a fire escrow, we quickly move to get that court order to demolish it just because that generally people are living next to that, and it's not right for anybody to live next to a building that burned. It's smelly and stinky and releasing organic chemicals. Um 813 North Berrien has been there for years. That house was lost in probate court when it took place. Um we It is now in the land bank's hand again, but a lot of times when we have a fire, we don't there's no fire escrow, so there's no insurance. So, it's literally on the It It'll sit there until the treasury takes it after 3 years of unpaid taxes, and then they usually give it to the land bank, and we have to get creative about um how to come up with funds to tear these houses down. But it as far as a fire damaged house goes, it's generally we will always make a The insurance company will decide if they can be rehabilitated or if it needs to be demolished. Um and then whatever funds are available, sometimes the insurance company won't do anything because the owner won't do anything, so then it just goes through the court process of getting it down owned, getting an order to demo it, using the funds that the city's required from the insurance company to take care of it. Thank you. Any questions for our chief? No. You're good. Thank you. All right. Uh council member comments? The statue. Oh, I'm sorry. City manager first.

Um first and foremost, I wanted to thank the mayor and council members and Debbie and Emily and the city clerk for working together to try to find a solution to this challenging, difficult situation. Um One thing I have learned from this experience is that people of Albion are very resilient. And when they are determined to find a solution, they can come together. So, I think this is an example of that, and then I look forward to continuing this conversation and solution finding. I don't say I have all the answers yet, but we're working diligently on finding them. Thank you for your faith in all of us. And this is public service appreciation week. So, a message went out today um to team Albion that says, "As we celebrate public service appreciation week, I want to extend my deepest gratitude to each of you for your dedication, professionalism, and heart you bring to our community every single day. Whether you are maintaining our parks and streets, supporting our residents, keeping our city operations running smoothly, or responding to needs seen and unseen, you make Albion stronger. Your work often happens behind the scenes, but its impact is felt everywhere. In safer neighborhoods, cleaner streets, well-served residents, and the trust our community places in its local government. Thank you all for showing up with commitment, compassion, and resilience. Thank you for caring about the city and the people who call it home. And thank you for choosing public service, a calling that truly makes a difference. I proud to work alongside each other.

So, that went out to all of our staff. Thank you, Debbie. Well, one of the things I found out with the lockdown is that at lunchtime, the city manager has to get pizza for everyone. But um as the chief mentioned, we will be working on protocols and what that roll out will look like so that we have best practices and expectations in place so that we know how to respond to these situations should they occur. Hopefully they won't, but we need to be prepared prepared regardless. Um on my report, the water meter installation is at 71.82%. They're rolling along. We're getting there. The um as I mentioned, the treasurer has identified 13 um properties in Albion for foreclosure. Um some are vacant lots, some are fire damaged, and some need demolition. So, stay tuned in regards to the um disposition of those properties. I'm planning to roll out an employee discount program called Working Advantage. I had it at a previous place of employment. It does not cost the city or the vacant individuals involved anything. Um so, I'm looking forward to making that available um to our employees and anyone with the our email address will be able to access it. And we had the ribbon cutting today at the Trackside Drive-Thru. We celebrated the mural and the collaboration with the owners, Shawn and Beth Clancy Woodard, and Albion High students who are under the guidance of Michael Dixon. He did a beautiful mural on the side of their building for Triple A Diner if you haven't seen it. And one of the things that was brought to my attention by staff here is that the mail delivery has been extremely slow, if not missed outright.

So, I have authorized that for as you know the income tax was due the last of April. So, if the envelope arrives with a postmark of that date, that we would not consider it late because we're going to have a conversation with the postal system. And on DPS the assistant worker's position has been posted and they're reviewing applications this week. We're looking at human resources software to help streamline the onboarding process and record keeping. So, stay tuned for that and David, I hope this isn't the first time you heard that. Working [laughter]

We're working with the Michigan on the on the grant that you're Is this the another or is it the 18th? Okay. Attending I attended the meeting with our Lightman for the submission of the brick building resilient infrastructure and community strength grant. We're applying for a little over a million dollars to support the dam um removal. Thank you. And we're working They're working with the EDC on the submission of the Niska My Neighborhood Brick and Mortar letter of interest. Recreation We hope to have the agreement with the YMCA for recreation programming at your May 18th meeting. We've been working on those details with them so that they can open up the portal for applications to provide those programs to your future. Yes, our top bandage should be starting soon. The water aerobics class is expected to resume once the lift chair is repaired. The part is expected to arrive this week. It's going to only take about a day to fix it fast actually operational. So, hopefully in the very near future the water aerobics class will be open and you can get a lot of questions answered. And I would say lovely on the huts grant for the building for a health theater and more accessible community in the city of Albion and the details of that are available and we're in the process of uploading the environmental report. From there we can move on to the um There's a notice that has to be entered published and after that we can start doing the work. So, hopefully by the end of summer we will start actually doing the work related to that grant funding. And then you see the listing of various

constructions that are happening in the area. And for the chief for the Eaton Street, I didn't know if there were um alternate routes posted anywhere or even on a map. I know they're on 94 coming in. But what about if you're in the city? In the city? No. They're Are there detour signs? No, there are not. Um That would be helpful for us because those of us who are traveling here Yeah. They're going to look at that. History Clinton all the way to Family Fare. Yeah. This is between Broadwell and Um Osco. And Clinton Broadwell is the problem you get. You kind of left on Broadwell. Right. Well, the other way is you have to go Broadwell. The other way is by the park is yeah. You can go past into whatever that first street name is and you can go all the way down to Clinton. We know it's Clinton. You can also go You can also take a left on North Street and get to Clinton. It's not very long. Yes, you can get to Jackson. But just yeah, for people who don't know better areas that would be good to have detour signs. That would be good for people. Yeah. Any questions for our city manager? One item. I think we're looking at the goal setting session to be Tuesday, May 19th. We're waiting to hear from a couple more of you. So, if you could confirm if you're available, that would be neat. That would be good to have a goal set. Tuesday, May 19th. Seven. Should I tell me? I would prefer six, but if seven is or should I tell them now?

I don't know who else responded, so Probably me, but Um Yeah, I just have one request of the city manager. Um You know, since the because we had such a detailed discussion tonight regarding um downtown and the demolition versus you know, working with you. Can you include in your report uh because you were we were talking about work resources and things like that to kind of keep us up to date in terms of what is happening um with you this This is what we particularly precise that. Thank you. Councilwoman Clements. Thanks for letting me go first. I want to say thank you to a lot of people, but I want to say to to Phillips and Carmen and Hearts, appreciate the comments. I know uh you were also very passionate and concerned and legitimately. And uh I I hope you don't take slight in that um that we still think it's doable. Um I I appreciate you being honest. And the second thing I wanted to say was when we take votes on the council, in my opinion it's actually healthy for us to disagree sometimes to not have unanimous votes every time. And I just want everyone to know that if you vote again you know, differently than me I don't have a problem with that and I want you to know that I I I respect all of you and I appreciate the discussion. And it's not going to bother ever bother me if someone votes

in a different way than me. And I hope that you would afford me the same that when I feel passionate about something either because my constituents had overwhelmingly pushed me in a direction or it's because something that person believes strongly in and is right for the city. I hope I I think everybody on here is got that mindset. So, I just want to say everybody should have license to be able to vote what they think is the right vote even if it's not with the crowd so to speak. So, uh thank you for the great discussion everyone. And thanks for the external comments tonight. I truly think it was a good community effort. Any other comments? Um thank you. I was just going to comment on something that Councilman Frost said about city not having any control over school property and our school district. I just wanted to call back to 2016 when we had three abandoned buildings in the downtown 200 South block of Albion and uh and that uh folks and not Albion folks coming together to build the Courtyard by Marriott. And in fact, we are the only brick fronted Courtyard by Marriott in the entire world. And we have that because we advocated as a city and as an EDC and DDA that we wanted the look of the building to be as historically appropriate that as the corporation would allow. And that that minimum requirement brick. And they listened to us. So, I think that um that even though we don't have guidelines, I'm not saying we shouldn't have them, but even if we don't have guidelines a modern building in a historic district looks horrible and even the building from that. So, I think that that moving forward, if we were to have knocked down the building or if we come

to a position where we do have to knock down the building quite sure that any developer that we would attract to come and redevelop that space would understand the historic nature of what it means to be a historic district and the accessible financing that can happen when you build historically accurate building. I think that that's something we can keep keep in mind. So, I'm hoping and confident that we as a community can rally around this building. Um it may take a couple of terms of us on city council to do it, but if we can get the stabilization done from then we we bought ourselves time. So, thanks. Councilwoman Phillips. Well, I am heartened to learn that the city has set a precedent for that even in new construction. So, Andy and Worth Boyer, thank you for sharing. Any other councilwoman comment? So, this is our last Mother's Day. So, I just wanted to acknowledge that any mother out there, whether be a stepmother, biological mother, adoptive mother, a mentor, a teacher, so many different facets of women being mothers to young individuals. I just wanted want the importance of that day and making sure each and every one of you also say thank you to the women in your lives who have helped mold you. I placed my obligatory comment in the mail. Oh, do you have an update till Christmas? We also have major issues with the mail at S and L College where we had to have an investigation. We have the same problems with the mail. Yeah. It it's It's not It's unreal. No, no, no. It's

It's It's So. Not to be frivolous, but Do I have a motion to adjourn? So moved. Support. All in favor say I. Opposed. Meeting adjourned at 8:24 p.m. Thank you all. I'll be back in a moment.