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Regular Meeting of the Mt. Pleasant City Commission Monday, November 26, 2012

7:00 p.m.

AGENDA

CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATIONS AND PRESENTATIONS: ADDITIONS TO AGENDA: PUBLIC INPUT ON AGENDA ITEMS: RECEIPT OF PETITIONS AND COMMUNICATIONS:

1. Minutes of the Mt. Pleasant Airport Advisory Board (October)

2. Capital Projects Status Report (November)

3. Annual Report from Middle Michigan Development Corporation (MMDC) on the Industrial Facility Tax (IFT) Abatements.

4. Communication from McClelland and Anderson, L.L.P. regarding proposed

RFP for Building Department Services. CONSENT CALENDAR: DESIGNATED (*) ITEMS CITY COMMISSION MINUTES:

5. Approval of the minutes of the special meeting held November 12, 2012.

6. Approval of the minutes of the closed session held November 12, 2012.

7. Approval of the minutes of the regular meeting held November 12, 2012. PUBLIC HEARINGS:

8. Public hearing on Brownfield Plan Amendment for 1521-1523 Brownfield site (formally the Chieftan/Budget Inn), and consider approval of the same.

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STAFF RECOMMENDATIONS AND REPORTS:

9. Bids and Quotations

a. 2013 City Employee Wellness Program

b. 2013 Water Treatment Plant Chemical Bid

10. Consider transfer of a parcel of land at the Mt. Pleasant Center to the Saginaw Chippewa Indian Tribe.

11. Consider budget amendment for the Local Development Finance Authority (LDFA).

12. Consider approval of second year contract with the Spicer Group for project management of the Mt. Pleasant Center Property.

13. Consider closed session 8(h) of the Open Meetings Act to discuss a legal opinion from legal counsel.

14. Consider appointments to the various boards and commissions for 2013 as recommended by the Appointments Committee.

15. Consider setting the first meeting of 2013 for Monday, January 14, 2013

at 7:00 pm.

16. Approval of payrolls and warrants.

ANNOUNCEMENTS ON CITY-RELATED ISSUES AND CONCERNS: PUBLIC COMMENT ON AGENDA AND NON-AGENDA ITEMS: RECESS: WORK SESSION:

1. 2013 Budget Discussion CLOSED SESSION: STAFF RECOMMENDATIONS AND REPORTS (continued):

City Commission Agenda November 26, 2012

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17. Consider changes to the Operations Management Agreement between the City of Mt. Pleasant and Gateway Air Service, Inc.

ADJOURNMENT:

City Commission Agenda November 26, 2012

City of Mt. Pleasant Airport Advisory Board

Thursday, October 11, 2012

I. Call to Order / Roll Call Chairman Mike Verleger called the meeting to order at 5:30 p.m. Present: Jerry Elliot, Glen Irwin, Donna Husted Kriss and Cathy Tilmann Staff Present: Airport Manager John Benzinger, City of Mt. Pleasant DPW Director Roger Rousse Also Present: Jim Moreno II. Approval of Agenda

Motion by Husted Kriss, support by Irwin Motion passed

III. Public Comment on Agenda Items Moreno stated he was very interested in the Economic Development of the Airport.

IV. Approval of Meeting Minutes - August 9, 2012 Work Session Motion by Tilmann, support by Elliot Motion passed V. Approval of Meeting M - September 13, 2012 Motion by Tilmann, support by Irwin Motion passed VI. Old Business Airport Manager’s report received

Discussion ensued regarding items: 1) Corporate hangar apron reconstruction status 2) Local area t-hangar rates 3) Fuel prices at airports similar in size within 50-miles of Mt. Pleasant 4) Airmav.com

VII. Old Business Discussion ensued regarding items:

1) Corporate hanger apron reconstruction status 2) Airport Working Capital Report – Rousse 3) Fuel sales - Rousse

VIII. New Business Discussion ensued regarding items:

1) Airport management structure update 2) Lighting Project – Mandatory for 2013 3) Condition of the east end and t-hangar area of the parking lot

IX. Miscellaneous Chairman Verleger expressed thanks to Pat McGuirk Excavating for the efficiency in the repair on the hanger that was damaged last winter during snow removal. X. Public Comment on Non-Agenda Items

Moreno gave ideas for the airport, specifically using Robbie Robertson, CMU professor, who is well versed in business plans, enterprise, and revenue generation.

XI. Adjournment Motion by Chairman Verleger, support by Irwin, to adjourn the meeting at 7:45 p.m. Motion passed

To: Kathie Grinzinger, City Manager November 19, 2012 From: Roger H. Rousse, DPW Director Subject: Capital Improvement Projects Status Report AIRPORT PROJECTS

1. Corporate Hangar Apron Reconstruction Project Final paving for the project took place on October 21, 2012, and the NO-TAM (notice to airman) that alerted pilots to the construction was removed on October 23, 2012. The apron and ramp are open for business, and full fuel sales have resumed. The tie downs were installed on October 29, 2012. The pavement marking for tie down parking will be completed in the spring. Lighting was installed about November 1, 2012. The majority of restoration has been completed, however, the haul roads remain wet, and final restoration will have to take place next year when they dry out. This will not affect airport operations.

2. Airport Layout Plan

There will be four (4) meetings. The first one was held on September 27, 2012. The next meeting is tentatively planned for January 10, 2013. ENGINEERING DEPARTMENT PROJECTS

1. 2013 Construction Projects Design has begun on all 2013 Capital Improvement projects. Fleis &

Vandenbrink Engineering has begun the engineering design on Jockey Al-ley and Parking Lot 2.

WATER DEPARTMENT PROJECTS

1. High Service Pump 3 Auxiliary Engine Replacement The work to be performed in this project includes replacement of the #3 High Service Pump auxiliary engine and related equipment. The current engine is a Continental natural gas fueled engine used as a backup to the 100 hp electric motor when the electrical system is not available. This en-gine is over forty years old, and repair parts are no longer available. The project was awarded to Cummins Bridgeway, and the equipment has been ordered.

SANITARY SEWER PROJECTS 1. University Park Lift Station

The standby generator delivery has been set at the desired location. We are waiting for the natural gas line to be installed.

PARKS PROJECTS

1. Yost Field Site Plan Input has been gathered on draft site plan from neighborhood and facility user stakeholders. DNR Passport Grant application and engineered plan are set in process to be completed by year end.

Capital Projects Status Report / November 2012 – Pg. 2

2. Millpond Park Trail Reconstruction Substantially complete - minor funds carried over for completion of epoxy coating on dam surface and minor concrete repair needs completion at contractor’s expense in the spring of 2013. These final items require con-sistent temperatures and will be complete when warmer temperatures re-turn in the spring.

3. Riverfront Acquisition Near Chipp-A-Waters Park Staff engaged the assistance of the Chippewa Watershed Conservancy to aid in the property acquisition. Grants and donations were pursued with-out success. Staff will continue working on opportunities to help acquire and protect this property.

4. Signage, Brochures, and Mapping for Trails and Cemetery

Hard copy and electronic interactive mapping are complete. Trail and Parks mapping integration into City website is complete. Park brochures with maps are on target for yearend completion. New cemetery gate and sign are complete and installed. Funds have been carried over for com-pletion of park, trail, and cemetery signage.

5. Island Park Parking Project Complete.

200 East Broadway | Mt. Pleasant, MI 48858 | (989) 772-2858 | www.MMDC.org

November 9, 2012 Ms. Kathie Grinzinger City of Mt. Pleasant 320 W. Broadway Mt. Pleasant, MI 48858 Ms. Grinzinger, In the early 1980’s the City of Mt. Pleasant joined with Central Michigan University and several local interested residents to found Middle Michigan Development Corporation (MMDC). MMDC is a client funded, private, not-for-profit Corporation which provides economic development services in Isabella and Clare Counties. MMDC is formally recognized by the State’s economic development assistance agencies such as Michigan Economic Development Corporation, the Saginaw Bay Economic Development Region and the Michigan State Housing Development Administration as Isabella County’s industrial and manufacturing site selection expert and the state’s partner in the two county area. Enclosed you will find the 2012 City of Mt. Pleasant IFT Report. This document contains information for the 2012-tax year for Industrial Facilities Tax Exemptions granted to City of Mt. Pleasant businesses by the City Commission. The report contains data from two sources: Tax I.D., assessments, and Certificate Numbers were gathered from City Assessing records; current job numbers and status was gathered through interviews with companies in July of this year. The projects contained in this report are all performing as promised and per our conversations with companies generally all are doing well. This is, in part, due to the savings granted them by the City Commission. MMDC works with manufacturers when they are in growth modes to assist with hiring staff, secure grants for training, and abate new taxes related to new personal and real property to enable the hiring of additional staff or accelerate growth. As you are familiar, the State Legislature is investigating the removal of all industrial personal property. This will greatly impact the use and frequency of the PA 198 IFT, which will be limited solely to real property, we will work with the City of Mt. Pleasant to ensure the needs of manufacturers are being met. Please feel free to contact me with any questions or concerns. Sincerely,

Brian D. Anderson President

Industrial Facilities Tax Exemption Report 2012Tax Exemption Certificates granted from 2002 ‐ 2012

assembled by MMDC

CompanyCert. Number Parcel ID Start Date Ending Date Certificate Value Beginning Tax Val.

Current Tax Value

Number of Jobs Retained

Number of Jobs Created Purpose of Abatement Project Status

J & J Land Management

2002‐048 17‐992‐00022‐00 12/31/2002 12/30/2014 $550,724 $257,362 $274,573 3.0 ‐1.0

New facility for offices, storage, and manufacturing shop. New air compressor, vertical panel saw, dust collection system and paint booth system.

Completed: 9/2003 down turn in economy caused loss of one job. Use contracted employees

17‐992‐00026‐00 12/31/2004 12/30/2016 $644,000 $322,000 $322,000 21.5 ‐2.5

NA 12/31/2004 12/30/2010 $60,300 $30,150 NA

17‐992‐00032‐00 12/31/2006 12/30/2018 $560,000 $280,000 $284,000 20.0 10.0 Completed: 04/2006

17‐992‐00033‐00 12/31/2006 12/30/2012 $162,930 $81,465 $81,465 10.0 Completed: 03/20072007‐118 17‐992‐00034‐00 12/31/2007 12/30/2019 $470,000 $235,000 $235,000 Real Property Completed

Bill's Custom Fab. Inc; 1836 Gover Parkway

2007‐394 17‐992‐00035‐00 12/31/2007 12/30/2019 $186,938 $93,469 $93,469 2.0 5.0

Purchase & Installation of one Multi‐Cam Series 6000 CNC cutting table with Hypertherm HPR 260 Plasma Unit Completed: 10/2006

2007‐270 17‐992‐00036‐00 12/31/2007 12/30/2013 $6,000,000 $2,130,833 $1,713,282 6.0 0.0

Phase I of new personal property. Modified 4 lines, inspection camera, new press, valves, and automated inspection booth.

Completed: modified 4 lines, bought inspection camera, New Press & Automated inspection booth

2007‐271 17‐992‐00037‐00 12/31/2007 12/30/2013 $1,305,868 $353,455 $244,265 6.0 0.0

Phase II of new personal property. Consisting of Machinery and ancillary equipment. Completed

2007‐633 17‐992‐00038‐00 12/31/2007 12/30/2013 $45,483 $22,742 $13,647 3.0 4.0 Personal Property (New and Used)Completed Bought equipment for manufacturing press brakes & shear

2010‐322 17‐992‐00046‐00 12/31/2010 12/30/2016 $105,500 $4,495 $28,916 3.0 4.0Real Property, Construction of addition to current building Completed: 2010

2009‐193 17‐992‐00041‐00 12/31/2009 12/30/2015 $1,500,000 $512,088 $597,516 6.0 0.0

New personal property consisting of machinery and ancillary equipment.

Completed: modifications to 4 lines, purchase of cooling fan & molding machine

2010‐260 17‐992‐00042‐00 12/31/2010 12/31/2022 $4,000,000 $912,390 $1,824,964 6.0 0.0

New personal property consisting of machinery and ancillary equipment Completed: 2010

Prism Analytical; 1200 North Fancher 2010‐009 17‐992‐00044‐00 12/31/2010 12/30/2016 $133,822 $66,941 $66,941 2.0 2.0 Purchase of new equipment Completed: 2010

Construction of new 15,000 sq. ft. facility and personal property

Completed: downturn in economy caused loss of 2.5 jobs

CME Corporation; 2945 Three Leaves Drive

CME Corporation; 2945 Three Leaves Drive

Q‐SAGE Inc.; 2150 JBS Trail

Antler Development Co. LLC; 1790 Gover Parkway

Bill's Custom Fab. Inc; 1836 Gover Parkway

2004‐001

2006‐090

New 12,000 sq. ft. facility used as tannery. New 24,000 sq. ft.

warehouse for storage prior to processing and inventory storage.

McCLELLAND & ANDERSON, uP NOV - 8 2012

ATTORNEYS AT LAW

GREGORY L. MCCLELLAND

GAIL A ANDERSON 1305 SOUTH WASHINGTON AVENUE, SUITE 102 lANSING, MICHIGAN 48910

TELEPHONE: (517) 482-4890 FACSIMILE: (517) 482-4875

BERNARDO A. BALLESTEROS BRIAN f. WESTRIN

DAVID E. PIERSON

MELISSA A HAGEN JARED A. ROBERTS

The Honorable Bruce Kilmer Mayor, City of Mt. Pleasant 415 N. University Ave. Mt. Pleasant, Ml 48858

www.malansing.com

November 6, 2012

Mt. Pleasant City Commission City Hall 320 W. Broadway Mt. Pleasant, Michigan 48858

Re: Proposed RFP for Building Department Services

Dear Mayor Kilmer and City Commissioners:

This firm represents the Home Builders Association of Michigan ("HBAM"). It has come to the H BAM's attention that the City of Mt. Pleasant's contract with Isabella County for building department and building inspection services is about to expire. The HBAM has learned that Mt. Pleasant has or intends to issue a Request for Proposals ("RFP") to provide Mt. Pleasant's building department services. A private vendor may seek to provide those services.

The HBAM has no problem with the concept of building department privatization. However, the HBAM insists that when communities privatize, they adhere to the requirements of the Stille-DeRossett-Hale Single State Construction Code Act, MCL 125.1501 et seq. (the "Construction Code Act"). Section 22 of the Construction Code Act, MCL 125.1522(1 ), requires, among other things, that fees charged to be reasonable and that the funds received only be used for building department and construction board of appeals purposes. The Construction Code Act also requires that the building official be an employee of the municipality, even though it allows that individual to also be employed by other companies.

Similarly, the Headlee Amendment to Michigan's Constitution, 1963 Canst. Art. IX§ 31, requires that tax increases be put to a vote. Corresponding Michigan case law asserts that a fee increase that results in an unreasonable fee surplus can be treated as a disguised tax in violation of the Headlee Amendment.

November 6, 2012 Page 2

The HBAM has been monitoring numerous municipalities and counties as they move toward building department privatization to help ensure that the permit fees are not used to generate surplus revenue over and above the cost of operating a building department. Further, the HBAM and related trade groups are currently maintaining an action against the City of Troy, Michigan Association of Home Builders et a/ v City of Troy, Oakland County Circuit Court No. 1 0-115620-CZ (Honorable Shalina Kumar), that challenges a permit fee structure that arguably has resulted in substantial fee surpluses in a violation of the Construction Code Act and the Headlee Amendment. That lawsuit is pending.

The HBAM truly wishes Mt. Pleasant the best of luck in its endeavors. The HBAM believes that the building trades are a vital part of every local economy, and it remains vigilant to ensure that its members and the public do not overpay for building department services. As such, HBAM will continue to monitor these issues, and is happy to discuss its position on these issues if such a discussion would assist Mt. Pleasant during this process.

Thank you.

Very truly yours,

~ . McClelland

GLM/jkb

G:\docs\ 1 000\C1 029\Ml "l 0\Mt. Pleasanl\City of Mt Pleasant RFP Ltr.doc

Minutes of the special meeting of the City Commission held Monday, November 12, 2012, at 6:01 p.m. in Conference Room A, City Hall, 320 W. Broadway St., Mt. Pleasant, Michigan. Commissioners Present: Mayor Kilmer and Vice Mayor Ling; Commissioners English, Holton, Joslin (6:13 p.m.), Rautanen and Tilmann Commissioners Absent: None Others Present: City Manager Grinzinger, City Clerk Howard and City Attorney Smith Moved by Commissioner Rautanen and supported by Commissioner Tilmann to enter into closed session pursuant to subsection 8(h) of the Open Meetings Act, to consider material exempt from discussion or disclosure by state or federal statute. AYES: Commissioners English, Holton, Kilmer, Ling, Rautanen and Tilmann NAYS: None ABSENT: Commissioner Joslin Motion carried

The City Commission entered into closed session at 6:03 p.m. The Commission went back into regular session at 7:01 p.m. A separate set of minutes was taken for the closed session. Mayor Kilmer adjourned the meeting without objection at 7:02 p.m. _______________________________ ______________________________ Bruce Kilmer, Mayor Jeremy Howard, City Clerk

Minutes of the regular meeting of the City Commission held Monday, November 12, 2012 at 7:06 p.m., in the City Commission Room. Mayor Kilmer called the meeting to order and the Pledge of Allegiance was recited. Commissioners Present: Mayor Kilmer and Vice Mayor Ling; Commissioners English, Holton, Joslin, Rautanen and Tilmann Commissioners Absent: None Others Present: City Manager Grinzinger, City Clerk Howard and City Attorney Smith Proclamations and Presentations Mayor Kilmer presented thank-you letters to CMU students who participated in the city street clean-up groups. City Engineering Aide, Jason Moore, gave a presentation on tree planting and replacement. Discussion ensued. Petitions and Communications Received the following petitions and communications:

1. Mt. Pleasant Parks and Recreation Commission Minutes (September)

Item 8a “2012-2015 Airport Snow Removal” was removed from the consent calendar.

Moved by Commissioner Tilmann and supported by Commissioner Rautanen to approve the following items on the Consent Calendar:

1. Minutes of the work session of the City Commission held October 22, 2012. 2. Minutes of the regular meeting of the City Commission held October 22,

2012. 3. Minutes of the closed session of the City Commission held October 22, 2012. 4. Bid of Mid-Michigan Industries of Mt. Pleasant, Michigan for 2013-2015

custodial services contract at the following rate: January 1 to December 31, 2013 $55,825 January 1 to December 31, 2014 $56,555 January 1 to December 31, 2015 $57,789 and authorize the Mayor and City Clerk to execute said contract.

5. Contract with Isabella County Community Development, Inspection Division for Building Inspection Services beginning January 1, 2013 through December 31, 2015 at the following rates:

2013 $27.00 Per Inspection $39.00 Per Hr. 2014 $27.00 Per Inspection $39.00 Per Hr. 2015 $28.00 Per Inspection $40.00 Per Hr. 2016 1-Year Extension, as agreed upon by both parties

and authorize the Mayor and City Clerk to execute said Contract. 6. Payrolls dated 10/26/12 and warrants dated 10/25/12; 11/2/12 and

11/8/12 all totaling $1,091.397.23. Motion unanimously adopted.

A public hearing was held on the proposed 2013 Operating Budget. There being no public comment or communications, the Mayor closed the public hearing. No action was taken at this time.

Moved by Commissioner Holton and supported by Vice Mayor Ling to approve the bid of Pat McGuirk Excavating, Inc. of Mt. Pleasant, Michigan in an amount not-to-exceed

$12,500 per year for the 2012-2015 Airport Snow Removal project. Motion unanimously adopted.

Moved by Commissioner Holton and supported by Commissioner Rautanen to

approve the bid of R & T Murphy Farms & Trucking LLC of Mt. Pleasant, Michigan in an amount not-to-exceed $22,000 for the 2013 Snow Removal Equipment and Operators project. City of Mt. Pleasant Street Superintendent Bob Murphy is a co-owner with a financial interest in R&T Murphy Trucking. No City staff and/or resources/facilities will be used in fulfilling the contract terms.

AYES: Commissioners English, Holton, Joslin, Kilmer, Rautanen and Tilmann NAYS: Commissioner Ling ABSENT: None Motion carried

Moved by Commissioner Tilmann and supported by Commission Rautanen to receive recommendation for a Brownfield Plan Amendment to 1521 – 1523 Brownfield Site (formally the Chieftan/Budget Inn) and set a public hearing for November 26, 2012 at 7:00 p.m. in the Mt. Pleasant City Hall, City Commission Chambers, 320 W. Broadway St. Motion unanimously adopted. Moved by Vice Mayor Ling and supported by Commissioner Tilmann to approve a three year contract with Middle Michigan Development Corporation (MMDC) and endorse their payment for 2012 and authorize the Mayor and City Clerk to execute said contract. Motion unanimously adopted. Moved by Commissioner Tilmann and supported by Commissioner English to approve the First Amended Interim Memorandum of Understanding for Archaeological Survey between the City of Mt. Pleasant, the Saginaw Chippewa Indian Tribe and Central Michigan University and authorize the Mayor and City Clerk to execute said document. AYES: Commissioners English, Holton, Kilmer, Ling and Tilmann NAYS: Commissioners Joslin and Rautanen ABSENT: None Motion carried. Announcements on City-Related Issues and Concerns Commissioner Rautanen congratulated the Mt. Pleasant High School Band on placing 5th at the State competition. Commissioner Tilmann wanted to pass along that she has been receiving complaints of vandalism on South Washington Street north of High Street, late at night. She would like to have Public Safety patrol the area more. Public Comment on Agenda and Non-Agenda Items Mary Schneider, Community Services Coordinator for EightCap, Inc., spoke about the need to raise awareness for Hunger and Homelessness (Hunger Homeless Awareness Week November 11). John Reich, 1625 Flynn Lane, thanked the City for working with CMU students on trash pick-up. He suggested working with taxi companies to possibly structure easier payments for rides from bars. The Commission recessed at 7:53 p.m. and returned to open session at 8:04 p.m. Work Session – proposed 2013 Operating Budget

Assistant City Manager/Administrative and Financial Services Director Nancy Ridley led a discussion on code enforcement and its role in the proposed 2013 Operating Budget. Discussion ensued.

The Mayor adjourned the meeting without objection at 9:27 p.m.

_______________________________ ______________________________ Bruce Kilmer, Mayor Jeremy Howard, City Clerk

COMMISSION LETTER #141-12 MEETING DATE: NOVEMBER 26, 2012

TO: MAYOR AND CITY COMMISSION NOVEMBER 20, 2012

FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: PUBLIC HEARING ON BROWNFIELD PLAN AMENDMENT FOR 1521-

1523 BROWNFIELD SITE (FORMALLY THE CHIEFTAN/BUDGET INN), AND CONSIDER APPROVAL OF THE SAME

A public hearing has been scheduled for November 26, 2012, to receive feedback on a recommended amendment to the Brownfield Plan for Site #4 (1521-1523 South Mission Street) originally adopted by the Brownfield Authority and City Commission in 2006. Reimbursements were never activated under the earlier plan because the development did not increase the taxable value to the extent expected. With a new structure proposed to be built, the six-year old Brownfield recapture plan must be revised. Several communications compiled by Director of Community Services and Economic Development William Mrdeza are attached which provide all the background information about the amendment. The amended Brownfield Redevelopment Plan document is included as well. The document has been thoroughly reviewed by the City’s municipal attorney. In addition, City Treasurer Mary Ann Kornexl will describe the workings of the Redevelopment Plan to the Commission and public just prior to the opening of the public hearing. The amended plan has already been approved by the Brownfield Redevelopment Authority and is recommended to the City Commission. Without the assistance provided through a Brownfield instrument the clearance and redevelopment of contaminated or obsolete sites is cost prohibitive for the vast majority of investors. This is certainly true in this case. It is strongly recommended the Commission adopt the resolution as prepared which approves the amendment as presented. KSG/ap

MEMORANDUM

TO: Kathie Grinzinger, City Manager

FROM: William R. Mrdeza Community Services and Economic Development Director u_) . ""'{( \AA. .

DATE: November 19, 2012

SUBJECT: Brownfield Plan Amendment-Site #4 (1521-1523 S. Mission Street)

As you know, the City Commission has scheduled a public hearing to amend the Brownfield Plan for the former Chieftain Hotel site on Mission Street at their next meeting on November 26, 2012. A copy of the proposed plan amendment and my previous memo providing background information on the requested action are attached. In addition to the scheduled hearing and proper noticing requirements, the statute requires that the amendment be approved by resolution. A draft resolution is attached for that purpose.

Requested Action:

The City Commission consider adopting the resolution to approve the Brownfield Plan Amendment for the property located at 1521-1523 S. Mission Street (Site #4) as recommended by the City's Brownfield Redevelopment Authority at their October 30, 2012 meeting.

Attachment: 1. Resolution to approve the Brownfield Plan Amendment for 1521-1523 S. Mission Street

(Site #4) 2. Proposed plan amendment 3. Previous memo requesting a public hearing on the project (for background information

purposes)

City of Mt. Pleasant Community Services Division 320 W. Broadway Mt. Pleasant, MI 48858 (989) 779-5311

William R. Mrdeza, Community Services and Economic Development Director

CLARK HILL DRAFT 10.30.12

1 8549300.2 26426/121485

CITY OF MOUNT PLEASANT BROWNFIELD REDEVELOPMENT AUTHORITY

AMENDED AND RESTATED BROWNFIELD REDEVELOPMENT PLAN SITE #4

1521-1523 SOUTH MISSION STREET MOUNT PLEASANT, MICHIGAN

to provide for changes regarding

D & D REAL ESTATE INVESTMENT, LLC

This Amendment is to the Brownfield Redevelopment Plan for D & D Real Estate Investment, LLC, approved by the Mount Pleasant City Commission by its Resolution adopted June 14, 2006 (the “Brownfield Plan”). Defined terms in this Amendment shall be as defined in the Brownfield Plan, except as provided in this Amendment. The Brownfield Plan is amended as follows:

A. The portion of paragraph 6.1 captioned “Eligible Property and Project Description” is supplemented by the addition of the following updated description of the Project:

Since the adoption of the Brownfield Plan, the Eligible Property has been divided into two parcels having tax identification numbers 17-000-09460-00 and 17-000-09464-00. Since the adoption of the Brownfield Plan, the Project Developer completed the demolition of the structures and removal of asbestos on the eligible property. The actual cost of asbestos removal was $235,800, which exceeded the previously-approved amount to be reimbursed by $85,800. Additional development on the Eligible Property has been delayed and to date the redevelopment of the Eligible Property has not been completed to the extent provided in the original plan. At this time, the Project Developer has proposed revised plans for the development of the Eligible Property, including construction of additional real property The portion of paragraph 6.1 captioned “Summary of Eligible Activities & Description of Costs to be Paid with Tax Increment Revenues” is amended as follows:

Eligible activities which shall be conducted as part of this Plan include (1) removal of asbestos material from the original structures; (2) demolition of the structures and all surface improvements, and pre-project development actions; (3) utility relocation; and (4) construction of an access road.


2 8549300.2 26426/121485

A summary and the estimated costs of the eligible activities to be reimbursed under this Plan are presented in the table below1:

ITEM ESTIMATED COST Asbestos Survey/Removal $118,300 Demolition 109,500 Pre-Approval Project Development Actions 8,000 Utility Relocation 66,000 Access Road 20,000 Eligible Activity Subtotal $321,800 Financing Costs 16,945 BRA Administrative Expenses 28,435 Local Remediation Fund Deposit 199,541 Plan Amendment Fee 2,000 TOTAL COSTS $568,721

B. Paragraph 6.2 is amended to read as follows:

6.2 An estimate of the captured taxable value and tax increment revenues for each year of the plan from each parcel of eligible property and in aggregate.

1. Captured Taxable Value Initial Taxable Value $ 442,600 Estimated Taxable Value after Phase II Improvements 4,793,160 Estimated Captured Taxable Value (75%) 3,262,920

The construction of the Project will occur in stages. The estimated true cash value of the property after completion of all of the stages of the improvements is estimated to be $9,586,320. Pursuant to resolution of the Authority, only 75% of the new taxable value shall be captured ($3,262,920) – the remaining 25% will pass through to the local taxing jurisdictions and the Mount Pleasant-DDA. The captured taxable value is the difference between the initial taxable value before improvements and the taxable value after improvements, which is estimated at $4,793,160. Personal property shall not be subject to capture in the Brownfield Plan. Taxes levied for school operating purposes from the Property shall not be captured. Please see Table 2 for property value calculations.

2. Annual Tax Increment Revenues

Please see Table 2 for calculations of estimated annual tax increment revenues.

1 Pursuant to the Reimbursement Agreement the reimbursement of certain costs will be contingent upon the completion of certain improvements.


3 8549300.2 26426/121485

C. Paragraph 6.5 is amended to read as follows:

6.5 The duration of the plan, which shall not exceed the lesser of the period required to pay for the eligible activities from tax increment revenues plus the period of capture authorized for the local site remediation revolving fund or 30 years.

The duration of the plan shall be 18 years, which commenced upon the approval by the Mount Pleasant City Commission on July 4, 2006, and will end with payment of taxes due on February 14, 2024.

D. The portion of paragraph 6.7 captioned “Legal Description and Tax Parcel IDs” is amended as follows::

Legal Description and Tax Parcel IDs:

17-000-09460-00

THE WEST 300 FT OF OUTLOT B, LYNNWOOD SUBD, EXC THE NORTH 110 FT OF THE WEST 255 FT OF OUTLOT B, LYNNWOOD SUBD., AND EXCEPT THE

SOUTH 100 FEET OF THE WEST 300 FT OF OUTLOT B, AND EXCEPT THE WEST 300 FT OF THE NORTH 5 FT OF APPIAN WAY (F/K/A SOUTH FAIRFIELD DR).

(SPLIT FOR 2007 - SEE NEW 09464)

17-000-09464-00

THE SOUTH 100 FT OF THE WEST 300 FT OF OUTLOT B OF LYNNWOOD SUBD, AND THE WEST 300 FT OF THE NORTH 5 FT OF APPIAN WAY (F/K/A SOUTH

FAIRFIELD DR).(SPLIT FROM 09460 FOR 2007 ROLL.)

E. Revised Tables 1-4 to the Brownfield Plan are attached as Exhibit A and replace the tables 1-4 attached to the original Brownfield Plan.

F. All other provisions of the Brownfield Plan shall, unless modified by the Reimbursement Agreement being approved simultaneously with this Amendment, remain in full effect.

G. This Amendment was approved as follows:

Brownfield Redevelopment Financing Authority approval by resolution: October 30, 2012.

Mount Pleasant City Commission approval by resolution: __________, 2012.


A-1 8549300.2 26426/121485


SITE #4 1521 SOUTH MISSION PROJECT

TABLE ONE DESCRIPTION OF ELIGIBLE ACTIVITY COSTS

NON-ENVIRONMENTAL ACTIVITIES

DEMOLITION Demolition of Above/Below-Grade Structures $109,500 ASBESTOS REMOVAL Asbestos Survey 4,000 Asbestos Removal 114,300 Utility Relocation - Estimate 66,000 Access Road -Estimate 20,000

PROJECT DEVELOPMENT ACTIVITIES

BASELINE ENVIRONMENTAL ASSESSMENTS Phase I ESA 2,000 OTHER PROJECT PREPARATION Functional Obsolescence Determination 2,000 Plans Preparation 4,000 TOTAL $321,800


A-2 8549300.2 26426/121485



TABLE TWO

ESTIMATED TAX INCREMENT REVENUES Note: The projected amounts set forth in the following tables are based upon the assumption that construction

will be 28% complete by 12/31/2013 and 100% complete by 12/31/2018. The intent of the plan is to exclude capture of personal property taxes and capture 75% of the balance of the tax increment revenues until the approved and authorized costs have been paid. The remaining 25% of tax increment revenues shall not be captured and instead flow to the Mount Pleasant DDA

TAX VALUE –12/31/2018 Estimated percent of completion is 100%.

Estimated Real Property Improvements $9,586,320 Estimated Taxable Value After Construction 4,793,160 Less Initial Taxable Value 442,600 Estimated Captured Taxable Value After Construction 4,350,560 Times 75% 3,262,920

MILLAGE RATES Millage Rate City of Mount Pleasant Combined 0.0157500 District Library 0.0017500 Isabella RESD Combined 0.0042985 Isabella County Combined 0.0080600 ICTC 0.0008620 State Education 0.0060000 Local School Operating 0.0180000 Total Non-Principal Residence (PRE) Millage 0.0367205 Total Principal Residence Millage 0.0547205 Total Local Millage 0.0307205 Total Available Millage 0.0307205


A-3 8549300.2 26426/121485



TABLE TWO

ESTIMATED TAX INCREMENT REVENUES (Continued) ESTIMATED TAX INCREMENT REVENUES

Year Real Cap Value

Applied Millage

Annual Revenue

Cumulative Revenue

1 2007 $ 96,560 .0307205 $ 2,982 $ 2,982 2 2008 205,566 .0307205 6,382 9,364 3 2009 209,144 .0307205 6,444 15,808 4 2010 191,009 .0307205 5,868 21,676 5 2011 186,963 .0307205 5,744 27,420 6 2012 183,380 .0307205 5,633 33,053 7 2013 933,400 .0307205 28,674 61,727 8 2014 952,100 .0307205 29,246 90,973 9 2015 971,100 .0307205 29,833 120,806

10 2016 990,500 .0307205 30,429 151,235 11 2017 3,297,800 .0307205 101,311 252,546 12 2018 3,363,800 .0307205 103,334 355,880 13 2019 3,431,000 .0307205 105,401 461,281 14 2020 3,499,700 .0307205 107,509 568,790

The captured values are increased by an annual factor of 2%.


A-4 8549300.2 26426/121485



TABLE THREE

ESTIMATED REIMBURSEMENT SCHEDULE

Principal amount to be reimbursed from Table One: $321,800

Year Rate Annual Tax Payment

Remediation Fund

Admin/Op Expense

Remaining Funds Interest Principal Balance

1 2007 $ 2,982 $ 148 $ 2,834 2 2008 6,382 319 6,063 3 2009 6,444 $ 14,960 320 0 4 2010 5,868 5,426 294 148 5 2011 5,744 5,598 287 0 6 2012 2.00 5,633 5,353 280 0 $ 0 $ 0 $150,000 7 2013 2.00 28,674 0 1,767 26,907 0 26,907 123,093 8 2014 2.00 29,246 0 1,795 27,451 2,462 24,989 98,104 9 2015 2.00 29,833 0 1,825 28,008 1,962 26,046 243,858

10 2016 2.00 30,429 0 1,854 28,575 4,877 23,698 220,160 11 2017 2.00 101,311 0 5,399 95,912 4,403 91,509 128,651 12 2018 2.00 103,334 0 5,500 97,834 2,573 95,261 33,390 13 2019 2.00 105,401 66,073 5,270 34,058 668 33,390 0 14 2020 2.00 107,509 102,134 5,375 0 0 0 0

Principal

Interest $321,800 16,945

Admin/Op Remediation

$ 30,433 199,544

Excess Revenue $0

Total $338,745


A-5 8549300.2 26426/121485



TABLE FOUR

ESTIMATED ANNUAL TAX INCREMENT REVENUE RELATED TO EACH TAXING JURISDICTION

Year Cap TV

CITY 0.0157500

LIBRARY 0.001750

GIRESD 0.0042985

COUNTY 0.0080600

ICTC 0.008620

STATE ED 0.0060000

LSO 0.0180000

LOCAL PORTION

SCHOOL PORTION

2007 $ 96,560 $ 1,521 $ 163 $ 415 $ 796 $ 87 $0 $0 $ 2,982 $0 2008 205,566 3,299 347 883 1,649 204 0 0 6,382 0 2009 209,144 3,294 366 899 1,677 208 0 0 6,444 0 2010 191,009 3,008 334 821 1,540 165 0 0 5.868 0 2011 186,963 2,945 327 804 1,507 161 0 0 5,744 0 2012 183,380 2,888 321 788 1,478 158 0 0 5,633 0 2013 933,400 14,701 1,633 4,012 7,523 805 0 0 28,674 0 2014 952,100 14,995 1,666 4,092 7,673 821 0 0 29,247 0 2015 971,100 15,295 1,699 4,174 7,827 837 0 0 29,832 0 2016 990,500 15,601 1,733 4,258 7.983 854 0 0 30,429 0 2017 3,297,800 51,941 5,771 14,176 26,580 2,843 0 0 101,311 0 2018 3,363,800 52,979 5,887 14,459 27,112 2,900 0 0 103,337 0 2019 3,431,000 54,039 6,004 14,748 27,654 2,958 0 0 105,403 0 2020 3,499,700 55,119 6,124 15,043 28,208 3,017 0 0 107,511 0

TOTAL $291,625 $32,375 $79,572 $149,207 $16,018 $0 $0 $568,797 $0

CITY FUNDS NON CITY FUNDS TOTAL FUNDS

City $291,625 Library $ 32,375 City $291,625 Total City $291,625 GIRESD 79,572 Non-City 277,172

County 149,207 School 0 ICTC 16,018 Total $568,797 Total Non-City $277,172 SCHOOL FUNDS State Education $0 Local School Op 0 $0

A RESOLUTION TO APPROVE A BROWNFIELD PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 1521-1523 SOUTH MISSION (SITE #4)

WHEREAS, the Mt. Pleasant City Commission established a Brownfield Redevelopment Authority (the Authority) by adoption of a resolution on May 12, 1997, pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 391, of 1996, as amended (the Act), and WHEREAS, the City Commission originally approved a Brownfield Plan for the property located at 1521-1523 South Mission (Site #4) on July 24, 2006; WHEREAS, the Authority acted on October 30, 2012 to recommend that the City Commission approve an amendment to the Brownfield Plan for the subject property which complies with the provisions of the Act, and WHEREAS, proper notice of a public hearing has been provided in accordance with the terms of the Act, and WHEREAS, the City Commission finds that Brownfield Plan Amendment constitutes a public purpose; the financing of the eligible activities will be the responsibility of the applicant, with costs reimbursed from tax capture by the Authority; the costs associated with the eligible activities are reasonable and necessary to carry out the purposes of the Act; and the amount of captured taxable value is reasonable, NOW, THEREFORE, BE IT RESOLVED, that the Mt. Pleasant City Commission does hereby approve the Brownfield Plan Amendment for Site #4 located at 1521-1523 South Mission.



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: BIDS AND QUOTATIONS

A. 2013 City Employee Wellness Program

Since 2007, the City has partnered with Central Michigan Community Hospital (CMCH) to provide a wellness program for City employees. Promoting wellness and healthy behaviors has proved beneficial to the healthiness of the employees and has assisted in controlling health care cost increases. On October 30, 2012 the City accepted bids from four companies interested in providing wellness services. Susanne Gandy, Director of Human Resources, has reviewed the bids and has submitted a recommendation to the City Commission to continue our partnership with HealthSteps- McLaren Central Michigan (formally CMCH) to provide the wellness program for City employees. It is recommended the Commission approve the bid of HealthSteps-McLaren Central Michigan of Mt. Pleasant, MI in the amount of $20,470. Adequate funds exist in the health insurance budget for this service.

B. 2013 Water Treatment Plant Chemical Bid

Chemicals used in the water treatment process are bid on an annual basis. On November 13, Malcolm Fox, Water Treatment Plant Supervisor requested bids for chemicals for 2013. Attached is his memo outlining the lowest bid for each chemical. For your reference, the 2012 prices are listed in the parentheses. It is recommended the City Commission award the bids to the lowest bidder as listed on Mr. Fox’s attached memo. Adequate funds are budgeted in the Water Fund to cover the purchase of the listed chemicals. KSG/ap

MEMORANDUM

TO: Kathie Grinzinger, City Manager Nancy Ridley, Assistant City Manager FROM: Susanne Gandy, PHR Director of Human Resources DATE: November 19, 2012 SUBJECT: Recommendation for the 2013 Employee Wellness Provider On October 30, 2012, we accepted four (4) bids from companies interested in becoming the provider of services for the City of Mt. Pleasant Employee Wellness Program. Based on our new requirements the following bids were reviewed:

Company Name Location Meet/Exceed Required Skills and Current Program

Estimated Annual Cost

HealthSteps – McLaren Central Michigan

Mt. Pleasant, MI Meets $20,470

MidMichigan Medical Center Midland, MI Meets with plan design changes

$40,103

OnSite Wellness Grand Rapids, MI Exceeds $49,160 Health Plan Advocate Grand Rapids, MI Exceeds $52,280

During my Request for Proposal I redesigned some aspects of the program creating a $7,000 savings for the 2013 annual budget. After reviewing the submitted information, I recommend we continue our contract with the HealthSteps Program provided by McLaren Central Michigan for 2013 and retain the right to renew on an annual basis. Renewal will be based on plan performance and employee participation.

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL 320 W. Broadway • 48858-2447

(989) 779-5300 (989) 773-4691 fax

PUBLIC SAFETY 804 E. High • 48858-3595

(989) 779-5100 (989) 773-4020 fax

PUBLIC WORKS 1303 N. Franklin • 48858-4682

(989) 779-5400 (989) 772-6250 fax

Page | 1

To: Kathie Grinzinger, City Manager Date: 11/20/2012 From: Roger H. Rousse, Director DPW Subject: Water Treatment Plant – 2013 Chemicals Bid Request: City Commission is requested to authorize the award of the contracts for the "2013 Water Treatment Plant Chemicals bid" to the following companies at the bid prices stated. For reference the 2012 prices are noted in parentheses.

Reason for Purchase: Chemicals that are used in the water treatment process are bid on an annual basis. Due to market volatility, the bid for caustic soda is for a six-month period only. Process: Vender Name and Address: Polydyne, Inc. 1601 W. Diehl Rd. Naperville, IL

Anionic Polymer

$1,900.00/ton ($1,780.00)

JCI Jones Chemicals, Inc. 18000 Payne Ave. Riverview, MI

Caustic Soda

$602.00/ton* ($625.00) *six-month bid only

PVS Technologies, Inc. 7000 High Grove Blvd. Burr Ridge, IL

Ferric Chloride

$515.00/ton ($520.29)

Graymont Western Lime, Inc. 206 N. 6th Ave. West Bend, WI

Lime

$146.00/ton ($142.00)

EPCO Carbon Dioxide Products 1811 Auburn Ave. Monroe, LA

Liquid CO2

$110.00/ton ($70.00)

Elhorn Engineering Co. 889 Eden Rd. Mason, MI

Polyphosphate

$7.00/gal. ($7.00)

Univar USA, Inc. 7050 W. 71st St. Bedford Park, IL

Sodium Fluoride

$1,700.00/ton ($1,900.00)

KA Steel Chemicals, Inc. 15185 Main St. Lemont, IL

Sodium Hypochlorite

$0.75/gal. ($0.79)

Page | 2

Water Department – 2013 Chemical Bids/Pg. 2 Reason for Selection: Lowest Responsive Responsible Bidders Method of Purchase: Contract or Direct Bill Recommendation: It is recommended that the City Commission authorize the award of the contracts for the "2013 Water Treatment Plant Chemicals bid" to the listed companies at the bid prices stated. [2013 Chemical Bids – Commission Memo]



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER TRANSFER OF A PARCEL OF LAND AT THE MT. PLEASANT

CENTER TO THE SAGINAW CHIPPEWA INDIAN TRIBE In 2011, the City of Mt. Pleasant secured a large parcel of property from the State of Michigan often referred to as The Center property. Within the State’s “Center” acreage rested the original site of the Michigan Industrial Indian Boarding School. Michigan conveyed the footprints of the school’s historic buildings, with some contiguous land, to the Saginaw Chippewa Tribe of Michigan under the same 2010 legislative conveyance action. The parcel now owned by the Tribe has no usable vehicle access or parking availability. The City of Mt. Pleasant and the Saginaw Chippewa Tribe have had several conversations about the configuration of the Tribe’s site. The two entities agreed, prior to the final passage of the legislation that sold the property to the local jurisdictions, that the City would execute a deed to transfer additional property to the Tribe. Attached is a Quit Claim Deed which redraws the boundaries of the land on the eastern edge of the “Center” property, enlarging and squaring off the Tribe’s parcel. The Deed includes the revised survey description. Also included is a diagram providing a visual as to how the ownership lines would be shifted. It is important to note that the boundary today actually infringes on two structures owned by the City. The Deed provides easements to the City for those buildings until such time as they are demolished. It is recommended the City Commission approve the conveyance as included and authorize the Mayor and Clerk to execute the document. KSG/ap

QUIT CLAIM DEED

The City of Mount Pleasant, a Michigan municipal corporation, the principal business address of which is 320 West Broadway, Mount Pleasant, MI 48858 (the “Grantor”), for the consideration of $ 1.00, the receipt and sufficiency of which is acknowledged, quit claims to the Saginaw Chippewa Indian Tribe of Michigan, a Federally recognized Indian tribe, the principal business address of which is 7070 East Broadway Street, Mount Pleasant, MI 48858 (the “Grantee”) its rights, title and interest in the property legally described as follows (the "Property"):

A parcel of land in the southeast ¼ of section 9, T14N, R4W, in the City of Mt. Pleasant, Isabella County, Michigan, described as follows: To fix the point of beginning, commence at the southeast corner of said section 9; thence N 00° 16’ 36” W, on the east line of said section, 497.72 feet to the point of beginning of this description; Thence S 89° 43’ 24” W, perpendicular to said east section line, 571.00 feet; Thence N 00° 16’ 36” W, parallel with said east section line, 1034.00 feet; Thence N 89° 43’ 24” E, perpendicular to said east section 571.00 feet; Thence S 00° 16’ 36” E on and along said east section line, 139.84 feet to a point on a previously surveyed and described boundary; Thence N 89° 57’ 07” W on said boundary, 367.31 feet; Thence S 32° 02’ 10” W, continuing on said boundary, 380.92 feet; thence S 60° 57’ 30” E, continuing on said boundary, 219.17 feet, Thence S 04° 24’ 33” E, continuing on said boundary 238.08 feet; Thence S 57° 56’ 51” E, continuing on said boundary, 429.20 feet back to the point of beginning containing 5.94 acres of land and subject to highway use of the east 33.00 feet thereof which lies along and adjacent to the east section line and also subject to and together with any easements and/or restrictions or record.

This conveyance is subject to easements, restrictions, covenants and encumbrances of record and the following terms and conditions:

1. The Grantor conveys the Property to the Grantee "AS IS" and without any representations or warranties.

2. The Grantor retains the option to repurchase the Property on the terms of this paragraph 2. The Grantee, its representatives, assigns or successors, may not convey the Property without first providing written notice to the Grantor providing the Grantor at least 30 days to repurchase the Property for $1.00. If the Grantor does not exercise its option to repurchase the Property within the 30-day period, the Grantee may convey the Property to a third party.

3. The Grantor retains ownership of the buildings and improvements located on the southerly boundary of the parcel and the north westerly boundary of the parcel as depicted on the attached Exhibit A until removed.

4. The Grantor reserves an easement in the road lying along the westerly boundary of the parcel as depicted on the attached Exhibit A for ingress and egress to the buildings and improvements owned by the Grantor. The easement is terminates 15 years after this conveyance or upon demolition of the road, whichever is sooner.

5. The Grantor reserves an easement for access over, on and under the property conveyed by this instrument in order to enter, use, operate, maintain, repair, secure and demolish the buildings, other improvements, and the roadway owned by the Grantor as provided in paragraphs 3 and 4.

6. The Grantor grants to the Grantee the right to make zero divisions under the Michigan Land Division Act. This Property may be located within the vicinity of farmland or a farm operation. Generally accepted agriculture and management practices which may generate noise, dust, odors, and other associated conditions may be used and are protected by the Michigan Right to Farm Act.

Dated this ____ day of ____________ , 2012.

CITY OF MOUNT PLEASANT

Bruce Kilmer, Mayor _______________________________________

Jeremy Howard, Clerk

STATE OF MICHIGAN COUNTY OF ISABELLA

The foregoing instrument was acknowledged before me on _______________, 2012, by Bruce Kilmer, Mayor, and by Jeremy Howard, Clerk, of the City of Mount Pleasant, (who are both personally known to me) on its behalf. * Notary Public, Isabella County, MI Acting in Isabella County, MI My commission expires:

Drafted by and when recorded return to: Scott G. Smith CLARK HILL PLC 200 Ottawa Avenue NW, Suite 500 Grand Rapids, Michigan 49503

8606629.1 26426/131686



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER BUDGET AMENDMENT FOR THE LOCAL DEVELOPMENT

FINANCE AUTHORITY (LDFA) The Center for Applied Research and Technology (The CART), formerly known as University Park, is a state recognized Smart Zone and located primarily within Central Michigan University’s southernmost sector. The City of Mt. Pleasant established a tax increment finance district and created a Local Development Finance Authority, as proscribed by State Law, to oversee the tax capture revenues and expenditures of the Park. The LDFA, whose members are appointed by the City Commission, is responsible for building its budget which is ultimately accepted by the City Commission during its own annual operating budget approval process. The LDFA has approved changes to its 2012 operating budget so that necessary work on projects can begin before the end of the year. Because the LDFA budget is considered a Component Unit of the City’s annual operating budget, the City Commission must endorse or take action on the amendment. Attached is a communication from Brian Anderson, Executive Director of Middle Michigan Development Corporation (MMDC). MMDC has been hired by the City’s LDFA to manage the operations of the Park. As Mr. Anderson explains the LDFA has approved a budget amendment of $31,000. The amended budget will support three changes. First, actual mowing expenses at the Park were higher than anticipated. Second, the brick monuments throughout the Park on which signage is attached have deteriorated drastically. Inspection has revealed that, if left unrepaired through another snow season, the brick will crumble and repair costs will escalate. Repair of the signage will also signal a new designation of the facility to Smart Zone Mt. Pleasant. The new name falls more in line with the State’s Pure Michigan marketing campaign and will provide an improved image to site selectors. Finally, the budget amendment will allow for repairs to be made to repair non-working street lights along the pathways in the Park. Several lights have been damaged and must be replaced.

Funds exist in the LDFA’s fund balance to cover the cost of the projects. It is recommended the Commission approve the budget amendment as presented. KSG/ap

Commission Letter #144-12 November 26, 2012 Page 2

200 East Broadway | Mt. Pleasant, MI 48858 | (989) 772-2858 | www.MMDC.org

November 19, 2012 Mt. Pleasant City Commission City of Mt. Pleasant 320 W. Broadway Mt. Pleasant, MI 48858 Members of the Commission, The Mt. Pleasant LDFA Board has approved a budget amendment for the 2012 Fiscal Year for two projects and one cost adjustment. The first project is a $16,000 budget amendment to improve the signage in the park. The current signs have been in place since the park was renamed “The Center for Applied Research and Technology.” The signs themselves have suffered from weatherization over the years and are in desperate need of refreshing. Additionally, the signs will be re-imagined in a way to give added street presence and connectivity to the “Pure Michigan” brand and Central Michigan University, more clearly identifying the park as one of a select number of Michigan SmartZones. The total price includes repairing the sign monuments, new signs supplied by Sign Fab in Mt. Pleasant, electrical work to light the signs, and the removal of the existing landscaping. The second project is a $10,000 budget amendment to repair the lighting along the pathways on the LDFA grounds. This year was particularly bad for damage to the lights and the board has committed the funds to replace and repair the lighting. The Board directed MMDC to first explore any opportunities for LED Lighting conversion of these lights for potential cost savings down the road. An additional $5,000 was designated to pay for budget overruns for mowing expenses as the previous year's mowing schedule caused significant damage to the contractor's machinery, the increased mowing schedule caused higher than anticipated charges. The funding for these three budget amendments will come from previous years' TIFA contributions assigned for Maintenance. Please feel free to contact me with any questions or concerns. Sincerely,

Brian D. Anderson President



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER APPROVAL OF SECOND YEAR CONTRACT WITH THE

SPICER GROUP FOR PROJECT MANAGEMENT OF THE MT. PLEASANT CENTER PROPERTY

In November of 2011, the City Commission selected the team of Spicer Group, AKT Peerless and CBRE to fulfill the role of project manager for the redevelopment of the Mt. Pleasant Center property. Shortly thereafter the project team and city staff negotiated terms for the first year of what was assumed to be a multi-year agreement with specific tasks and estimated costs to move the Center redevelopment through the first 12 months. A project status report was provided to the Commission in September. For informational purposes, a summary of the billings received as of October 1 is attached. The summary shows that some of the work originally anticipated in 2012 did not take place and the amount spent in 2012 will be well below the approved amount of $164,366. Some of that work has been deferred to the 2013 contract. Because the first contract expires on December 31, 2012, it was necessary to negotiate a new scope of work and determine an estimated cost for accomplishments expected of the project team in 2013. Attached is a letter from Spicer Group detailing the projected scope of work to cover the upcoming project year with an estimated “not to exceed” cost of $93,343. The profile does not contain costs for the assistance or management of any demolition activity. Because grants are still being sought and the demolition may be managed and bid in alternative ways, this function will be handled by a separate agreement. The City has been highly pleased with work conducted by Spicer, AKT and CBRE to date. The team has remained flexible, highly responsive, creative and extremely organized adding to the sense of security the community can adopt in executing a second year agreement. It is recommended the City Commission approve the Letter of Agreement as drafted and authorize the Mayor to sign the document. KSG/ap

November 12, 20 12

Nancy J. Ridley Assistant City Manager/Finance Director City of Mt. Pleasant 320 W. Broadway Street Mt. Pleasant, .MJ 48858-2447

RE: Professional Services for:

ENGINEERS. SURVEYORS. PLANNERS

2013 Rehabilitation of the Former Mt. Pleasant Center Property Mt. P leasant, MI

Nancy,

The team of Spicer Group, CBRE and AKT Peerless ("Proj ect Team") are excited to present the City of Mt. Pleasant ("City") with the professional services agreement for the rehabili tation of the Mt. Pleasant Center Site. Thi s document contains Spicer Group's proposal for proj ect management and other professional services related to the site-re lated work in preparation for eventual redevelopment of the Mt. Pleasant Center Site during 20 I 3. The goal of the proposed scope of work is to remove barriers to the successful redevelopment of the si te, and ensure the site is redeveloped in a well-communicated and wellplanned manner, maximizing the value of the redevelopment to the City and the community. We have phased and scoped this work based upon our discussions with City Staff over the past year.

Scope of Professional Services

Spicer Group's scope of profess ional services for this project follows. T his proposal will remain valid for 30 days.

Our project approach and fee assumes Spicer will work in conjunction with City staff on various portions of the scope of work. It is our understanding that you will manage some of the work needed to compl ete thi s project. We have itemized the scope for whi ch our team will be responsible. In addition, we have broken down the fee structure to aid you in determining which services you may wish to pursue outside of this proposal.

Our proposed scope of work includes the fo llowing:

Scope of Work

I. Financing Plan Development I . Develop Brownfield Plan 2. Facilitate and attend financing planning meetings with the City and scoping meetings with

MEDC 3. Based upon input and conceptual use concurrence from MEDC, develop ACT 38 1 Work Plan

II. Community Outreach I . Make preparations for and lead two (2) community outreach planning meetings 2. Make preparations for and attend a site selectors/founders meeting 3. Develop conceptual site presentation materials

Stronger. Safer. Smarter. Spicer.

WW W . S PICERGROU P. COM

Mt. Pleasant Center Site November 12, 2012 Page 2 of3

III. Highest and Best Use Study 1. Apply retail study findings to most likely uses 2. Summarize medical findings 3 . Gauge developer interest in medical student and senior housing 4. Gauge developer interest in single family housing 5. Mention hoteVconference with general parameters 6. Evaluate all information to formulate results

IV. Overall Project Management I . Project Manager will attend up to one (I) project update meeting wi th City staff and

stakeholders per quarter to discuss action items, progress, etc. There will be a standing agenda for these meetings with the intent that these meetings be strategic in nature.

2. Address issues concerning the s ite and strategize with the C ity on means of communi cating and/or dealing with them.

3. Assist the City to identify short term revenue sources, where practical

Scope Not Included

Since the project is being phased over mult iple years this proposal includes only scope items that will occur in 20 13. The following scope ite ms which were identified in our original Proposal and Scope Augmentation are being deferred until a later period.

I . De molition Assistance- Any demoli tion or abatement assistance would be part of a separate agreeme nt.

Subconsultants

Spicer Group will act as the prime contractual party and AKT Peerless and CBRE wi ll be subconsul tants working under Spicer Group' s agreement with the City. We do not anticipate the need for additional subconsultants at this time to complete our base scope of work.

Monthly invoices for our professional services, any additional authorized services and any rei mbursable expenses will be submitted monthly, unless other payment arrangements are made. We propose to assist you on an hourly basis, billed at our standard hourly rates, with an estimated amount $93,343.00 according to the following schedule:

I. II.

III. IV.

Financing Plan Development Community Outreach Highest and Best Use Study Overall Project Management

Total

(not to exceed) $27,000.00 (not to exceed) $17,500.00 (not to exceed) $24,500.00 (not to exceed) $24,343.00

$93,343.00

Please note that reimbursable expenses are not included in this schedule and we do not anticipate that the reimbursables will exceed $5,000.00

Mt. Pleasallf Center Site November 12, 2012 Page 3 of 3

We have calculated these fees based on our understanding of what your expectations for work to be completed in 20 13. Anached to this letter is a copy of our general conditions which are part of thi s agreement. Any changes to this agreement must be agreed by both parties.

If this proposal meets with your approval, please acknowledge this approval with an authorized signature below and return one of the enclosed copies to us.

We deeply appreciate your confidence in the Project Team of Spicer, CBRE and AKT Peerless and we look forward to working with you and for you on your project.

Sincerely,

~*-President, CEO V

~~ Project M anager t!;:' . {/j) SPICER GROUP, INC. 230 S. Washington Avenue Saginaw, MI 48607 Phone: (989) 754-47 17 ext. 5565 Fax: (989) 754-4440 mai lto: darri ckh @spicergroup.com

Cc: SGI File POI 2470P20 12 SMC. Acctg.

Above proposal accepted and approved by Owner.

CITY OF MT. PLEASANT

By: Authorized SignaiUre

Printed Name

Title

Date:

Q:\Proj20 12\PO 12470P20 12-Mt Pleasant Cente r 20 13\_ProjMgt\LA Mt Pleasant Center PM_ l l -09- 12.doc

G~ncral Conditions Pugc I of4

GENERAL CONDITIONS ATTACHED TO LETTER AGREEMENT

SECTION I

1. 1 Preamble. This ngrecment is bas..:d upon n mutunl obligmion of good faith am! fair dealing between the parties in its pe1fonnance and cnforcemcnr. Accordingly, the OWNER and 1he PROFESSIONAL, with :J positive commitment to honest)' and integrity, agree to the following:

That each will function within the laws and statu tes th11t apply to its duties and responsibilities; that each will assis1 in the othcr"s pertonnance; that each will avoid hindering 1he other·s perronlliHJce; tl:at each will work diligenlly 10 fulli!l its obligilt ions; and thilt each will cooperate in the common endeavor or" the <:Ontmd.

1.2 0" ncrship of lnstrumt'nts of Ser vil-e. All repons, plans, spcci ticalions. computer files. tie!d dala, notes and o1hcr documctots and instrume11ts prepared by the PROFESSIONAL ns instruments of ~cn·ice shall remain the property of thc PROFESSIONAL. The PROFESSIONAL shall retain nil common law, :;tutuwry and other reserved rights, induding rhe copyright thereto.

J .3 Covenant not to Hire. OWNER agrees that d'.lring the term or 1his agreement and for n period of one (I) y.:ar 1hereufler that it wi ll not hire for its own e111ployml!n! any person employed by the PROFESSIONAL.

1.4 Standard of Care. Service perfonncc! hy PROFFSSIO~AL under thts A<.IR El:l\1 E:'-/T will b~ conducted in~ 111JJ'JH.'r C< :~Sb:c:ll with tL .. t kvd of c,:··c and skill ordin<J rily exerc:ised by IIH.:Illhers of the proli:ssio:1 CUITCnlly prnc1icing in the !:amc locality under simil(lr Ct"•IHlitinns. "'o <>ihl!r represcnrnlicln, express nr implied, and 1;0 wurr:llll)' or gua runtce is included ,1r intended inthi> AGREEMENT. or in :111y report, opinion, document or lltherwisc.

1.5 Defects in Service. OWNER and OWNER's personnel. comracrors and subcontractors shall upon discovery promptly report to PROFESSIONAL any defects or suspected tlefet.:ts in PROFESSIONAL's work , in ordl!r that PROFESS IONAL may take prompt, effective measures which in PROFESS IONAL"s opinion wi ll minimize the consequences ofo defect in service. PROFESSIONAL shall not be responsib le for additional costs due to any rardiness in reporting defects in service.

1.6 Reimbl!rsable Expenses mean the actual expenses incurred by PROFESSIONAL or PROFESSIONAL's independent professional associates or consultants, directly or indirectly in connectio!l with the Project, sud1 as expenses for; transportation i!nd subsistc:nc~ incidcoiUI thereto; obtaining bids or proposals ti·om Contractor(s); providing and mainwining field office facilities including fumishings and utilities; subsistence and transpo:1~tion of Rcsidenr Projcc1 Rcprcsemativcs and their assistants; toll telephone calls anti courier services; reproduction of repons, drowings, speci fica lions, bidding documents, and similar project-related items; and, if authorized in advance by 0\:V'NER, ovenime work requiring higher than regul:Jr rates.

Lcllcr Agreement

I .7 Standard Hourly Rates used as a basis for payment mean those rat~s in effect m til<~ time th81 the work is peli.lmned, fnr ull PROFESSIONAL's personnel engnged dirceliy on 1he Proje~t. including, uu1 not limitt:d to, urchitects, engineers, sun·eyors, designers, planners, drafters, specification writers. estimators, 01her technical and business personnel. The Stantlard Hourly Rates include salaries nne! wages, direct and indirect payroll costs and fringe benetit:;. The Standard Hourly Rates of personnel of PROFESSIONAL wil l be adjusted periodically to reflect change:; in person111::l and in PROFESSIONAL"s overall compensation procedures and prnctiecs.

1.8 Limitation of Liability. To the fullest extent pennitted by law, and not withstanding any oth.:r provision of this Agreement, the total liability, in the aggregate, of the PROFESSIONAL Hnd the PROFESSIO:'-/AL"s officers, directors, partners, employees and subwnsu!tnnts, anti any of1hcm, to the OWNER and anyone claiming by or through I he OWNER. tor any nnd oil daims. losses, costs or damages. including attorney,· kcs and costs and ex pen· witness fi.~cs and costs of any n<llure whatsoever or claims e.\pcnses resulting li ·01n or in any way rc!ared to I he Project or the Agreement frn111 any Cctuse or <:auses shullnot exc.:ed 1hc total comp<:n~ution received by the PROFESSIONAL under 1his Agreemcnl, or the total amount of $100,000.00, which.:ver is greater. It is intentlcd 1hnt 1his limitation apply to any nnd nil liability or caused ofm:tion hoii'C\"Cr alh::ged or arising, unless otherwise prohibited by law.

1.9 lnrlcmnifica tion. The PROFESSIONAL agree::, to I he ful kst extent permirtcd by law, to indemnify and hold hnrmless 1hc 0\Vi'l ER. 11s ofticcrs, dircctl)rs <Jnd employees (collectively, Owner) ngain,;l all damages. liabilities or wsts, including reasonable mrorn.:ys· fees and ddi:nsc costs, to the extent caused hy the PROFESSJONAl."s negligen t pct-formancc of professional services under 1his Agn~cment .

The OWNER dgrce~. to the fu llest extent permitted by law, 10 indemnify nnd hold ham1less the PROFESS IONAL, its officers, directors, employees and suhconsultams (collectively, Professional) ng<~inst all d<Jmagcs, liabil ities or costs, inc luding reasonable attomeys' fces and defense costs, to the extent caused by the OWNER's negligent acts in connect ion with the Project and the acts of the OWNER's contractors, or subcontractors or anyone for whom the 0\VNER is legally liable.

Neither the OWNER nor the PROFESSIONAL shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence.

1.10 Severabi lity. Any tem1 or provision of this Agreement found to be invalid under ~ny applicable statute or rule of law shall be deemed omitted and tht:: remainder of this Agrc:l!ment sholl remain in full force nne! etTec1.

I. I I Surviva l. Notwithstanding completion or tennination of this Agreement fo r any reason, all rights, duties and obligations of the panies to this Agreement shnll survive such completion or tennination ~nd remain in full force and effect until fulfilled.

standocs•ltagree'.LAGC_u tii04.DOC

1.12 Betterment. If, due to the PROFESSION/\L"s negligenc~::, i\ required item or componeut or the Project is omitted ti·om the PROFESSlONAL"s construciion documents, the PROFESSIONA L shall not be responsible for paying the cost r;;quircd to Mid such item or eomponent to the extent that such item or componcm would have been required and included in the originnl construction documents. In no C\'Cnt will the PROFESSJO"Nr\L be responsible for nn~· cost or expense thm pnwiLics bet tennent or upgn:dcs or enhances the value of the Project.

1.13 Mediation . In :1n effort to resolve any eonl1 icts that arise dur:ng the design and constnJction of the Project or following the completion of the Project. the O\V1\ER ami the PROFESSIONAL agree that all disputes between thc::m arising out of or re lating to the Agreem.:nt or the Project ~hall he suhnlitled to nonbinding mediation unless ihe pa11ics mutually agree othenvi:>e.

Th.: OWNER and the PROFESSIONAL further agree to include a similar mediation provision in nil agreement~ with independent contractor~ and consultants also to include a similnr mediation provision in all agreements with their subcm~tractors ,

subcnnsult~nts, suppliers and fah1 icalors. thereby providing for mcuiation as the primary method for dispute resolution between the p~rtics 10 all tho~c agrc·cmcnts.

1.1-1 Cha nged Conditions. 11: during the lenn ofrhis ,\er~tn'<~llt. \:Jr<:umst~ulet.::: or cCIIllhl ions thnt were not originally contemplated by (>r known to th~ PROFESSIONAL arc revealed, tl> the extent that they a!Tcct the scope of service~. coJnpcnsatinn. ~ehcLiulc, allocation of risks nr o.hcr material terms of this Agreement, the PROFESSIO"N.'\ 1.. may call fo r rcnego ti:nion of uppropriatc portions of this Agre~.:ment. The PROFESSIONAL shall notiiY the OWNER of the chnngcd conditions necessitating n::ncgotiation, anLI the PROFESSIONAL and the OWNER $hall promptly and in good faith enter into renegoti~tion ofthi~ Agreement tO Hddress the changed conditions. This provision shall not apply to ch~nged circumstonces that the PROFESSIONAL was responsible to have discovered or should have discovcrctl during investigations the PROFESSIONAL has untlc11akcn for the 0\V'·H:.R.

SECTION 2

2.1 Assignment. Neither patty to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreemen t (including but not limited to monies that an: due or monies that may be due) with our the prior wri tten consen t of th e other pllrty. Subcontracting to suhconsulranrs normally contemplated by the PROFESSIONAL shall not be considered an assignment for purposes of this Agreement. CBRE und AKT Peerless are PROFESSIONAL"s contractors approved by the OWNER.

2.2 Governing L aw & .Jurisdiction. The OWNER nnd the PROFESSIONAL agree that this Agreement and any legal actions conceming its val idity, interpretation and pet1'onnance shall be governed by the laws of the State of:Vlichigan.

2.3 Billi ng and Payment Tet·ms. Pnym~:nr Due: invoices shall be submi tted hy the PROFESSIONAL (monthly) arc due upon presentation and sha ll be considered past due if not paid wi1hin thiny (30) calendar days of the due date. Interest: If paymenr in full

General Conditions Page 2 of 4

i~ not received by the PROFESSIONAL within thirty (30) calendar doys ofrhe due date, invoices shall bear interest at one-and one-half ( 1.5) percent of the PAST DUE amount per month, which shall be calcu lareLI ti·om the invoice due dare. Payment thereafter shall tirst be applied to accn1ed interest nnd then to the unpaid principal.

2.4 Suspension of Services. If the OWNER fai ls to make payments when due or otherwise is in breach of this Agreement, the PROFESSIONAL may suspend performance of service upon ten ll 0) calendar days' notice ro the 0\VNER. The PROFESSIO~AL shall have no liability whatsoever to the OWNER for any costs or damages as a result of such suspension caused by any breach of this .'\grecm<'nt by the OWNER. Upon payment in full by the OWNER the PROFESSIONAL shall resume ;erviccs under ihis Agreement, and the time >chcdulcd and eompcns;Hion sh~ll be equitably adjusted to ~om pen sate tor the pcrioJ of suspension plus any other reason~blc time and expenses necessary lbr tht: PROFESSIONAL to resume perfonnance. Taminatiou ofSen>ices: If the OWNER fnils to make pnyment to the PROFESSIONAL in accordance with the p<t)'JilJ;;nt terms herein, this shal l cons:inHc n material brcaeh ofthi~ Agreement and shall be cause for rcnnin<tt ion ofrhis Agreement by tht! PROFESSIONAL. So:t-oJ]: Backcfl,uges. Discounts: Payment of invoice::; shall not be subject to any discounts or sct-oiTs by the OWNER unless agreed 10 in wri ting by ihc PROFESSIONAL. Poyment to 1hc PROFESSIONAL for scrvi~cs rendered and expenses incurred shall be due and p;cyable regardless of any subsequent suspension nr tenninntion of this Agrccmcm by either par!y

2.5 Collection of Costs. In the event kg:tl actions necessary to cnlon:e the poymcnt tcnn,; of this Agrcem~;:nt, I he PROFESSIONAL shall be entitled to collect fi"01n the OWNER any judgement or settlement sums du.:, pli.is rcasonnble o ttorncy~· fees, court costs and other expenses incurred by th(:: PROFESSIONAL in connection rhercwith and, in addition. the reasonable va lue of the PROFESSIONAL":; Lime Ancl expcns~:s spent in connection with such co llection action, computed according to the PKOrESSIONAL's prcvniling fcc $chedulc and expense policies.

2.6 Delays. The OWNER agre::> that the PROFESSION,\!_ is not responsible for damages arising d'rcctly or indirectly from any dci:lys !'or t:Huses beyond the PROFESSIONAL's con trol. For purposes of th is Agreement, such causes include, but arc not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fire.~. riots, war or other emergencies or acts of God; fai lure of any government agency to act in timely manner: foilu r.: ofpe1formance by the OWNER or the 0\VNER's contracrors or consultants; or discove1y nf any hazardous substances or differing site conditions.

In ~ddi tion, if the delays resulting from any such causes increase the cost or time required by the PROFESSIONAL to pc1form its services in an orderly and efficient manner, the PROFESSIONAL shall be entitled to an equitable adjustment in schedule and/or compensation. 2.7 Delivery and Use of Electronic Fil es. In accepting and utilizing any drawings, repons and data on any form of electronic media generated and furnished by the PROFESSIONAL, the OWNER agrees that all such electronic tiles are instrum~nts of service of the PROFESSIONAL, '.l<ho shall be deemed the author, and shall retain ell common l~w. staw:ory law and other righ t>, including copyrights.

stmdocslitagree·,LAGC _ Jt<l04. DOC

·rhc 0\VNER agrc:es not to reuse rhesc electronic tiles, in whole or in pan, l\1 r uny puqJosc other than for the Project. The OWNER ,lgrt!es not to transfer these electronic Illes to others without the prior \ITitten '-'t'nsent of the PROFESSIONAL. Tht: OWNER further agree; to waive all claims against the PROFESSIO;-.!AL resulting in any way from any unauthorized changes to or reuse of the t:lectronic li les for 2ny other project by anyone mher than the PROFESSION.-'\L.

The OWNER nnd the PROFESSIONAL agree that nny elecn-onic 1iles furnished by either parry shall eonfqnn to the original specifications. Any changes to the original electronic spccifiClltions by either the OWNER or the PROFESSIONAL are subject to review and acceptance by the other parry. Additional services by the PROFESSIONAL made necessary' by changes to the electronic file specifications shnll be compensated for as Additional Service<.

l.:l.:i,;tron ic :iles tim1ished by either party shnll be subject to nn <lcc.:ptonce paiod of foul t..:cn t_ 14) Jays during wl1ic.:lt tltc rccdving iJUI ty ~grce.; tO pcrfol'tll appropriate accepliillC<.: teSt~. J'hc p~rty r11rni~hing the electronic tile shall cOlTcct nny di >crcpnnei'~' or crmr,; ck:rcc·tl'll ;':hi rep<l!'tcd wHhin the acceptance pcritld ,\ftcr tlw l!cccpt;tn..:e pcriNI, d·::: _,1.:-..:tmnic liks slull be tkctncd tu bl: Jcccptcd and neither p<lrty ~hal: lw\·~.: any ohligatit~tt to corn:ct ctTors or main:a1n electronic files .

-1 he OWNER i;; 31\'are that dil'fcn.:n..:t:s may tx ist between the dc:ctronic files delivered and the printed hard-copy cc>nstna;tion document~ . In the: tvcnt nf n contlict between the signed l·onstruction documents prepared by the PROFESSIONAL ontl de1.'tro11ie li le~. the signed or scaled hard-copy construt·tion duct1111ents shall govern.

In addition, the OWNER agrees. to the fullest extent pennittcd by law, to indemnif'y und huld hannlcss the PROFESSIONAL, irs officers, directors, employees nnd ~ubconsultants (collectively. Professional) against •~II damages, liabilities or co5t ~. including reasonable attorneys' fees nnd defense costs, arising f'rom nny chang~s made by an)'Onc other than the PROFESSIONAL or from :my reuse of the electronic !ilc~ \\'ithout the prior written consc~ll of the PROFESSIONAL.

Under no circumst11nces sh<tll delivery of electronic files for us~:: by the OWNER be deemed o sr.le by the PROFESSIONAL. ond the PROFESSIONAL makes no waJTanties, either expressed or impl ied, or merchantabil ity and fi tness for any particular purpose. In no

General Comlitic•ns Page 3 or 4

event slwll the PROFESSIONAL he liable for indirect or consequential d<tmages as o result ofrhe OWNER's use or reuse of the electronic Iiles.

2.8 Opinions of Probable Construction Costs. In providing opinions of probable construction eo~'t, the OWNER understands thm the PROFESSIONAL has no control over the cost or avoilabiliry oflabor, equipment or materials, or over market conditions or the Contractor's method of pricing, and tho.r the PROFESSIONAL's opinions of probable construction costs are made on the basis of the PROFESSIONAL's judgement and experience. The PROFESSIONAL makes no warranty, express or implied that the bids or the negotiated cost of the Work will not vaty from the PROFESSIONAL's opinion of probable construction costs.

SECTION 3 This COIItract does 1101 pmvide /or constmctio11. Should co11stmction or the prepomtion ofplo;,_,. t111tl spec!/icallon;be l'<''f'lired. pmvisivns tl'i// he nrlded to address additional i~~tt£'s.

J I Right of Entry. Tile OWNER shall prm1dc ti·,r the

PROFF.SSIO'IAI.";; right to t'ntL:·from rime to tin1c property uwncd hy the OW)!ER and/or othcr(s) in tmler for the PROFESSIO;..:!\L h1

t\Htill the scope of' services indicated her<>under. The OWNER understancb that usc of testing or other equipment may unavoidably cause some damage, the correction of which is not p<llt of this AGREEMENT.

3.2 Buried Utilities. The OWNER will l'urnbh to the PROFESSIONAL in tim1111tion identifying the type and location of utility lines and other man-made objects beneath the site's suti:lce. TI1e PROFESSIONA L will take reasonable precautions to :woid damaging these m<HHnade objects and will, prior to penetrating the ,;ire's surfucc li.1rnish IO tht:: OWNER a plan indic<Hing the locations intended fl1r these penerrntions with respect to what the PROFESSIONAL has been tn ld arc the locations ofuti!itics :1nd other man-1na<.le objl:Gts beneath the 'itc's surt:1cc.. The OWNER will approve r.he location ofthes.; penctrJtinns prior to their being n1<1de and the OWNER will at11hnrize the PROFESSIONAL to proceed.

T hese General Conditions shall be attached to and made part oftJte Agreement between Spicer Group, Inc. (PROFESSIONAL) and the Owner.

76 75970.1 26426.11 31686 Letter Agreement ~tandocs\1 tagrcc\LAGC _uti 104. DOC

City of Mt. PleasantMt. Pleasant Regional Center Project

Spicer Group BillingSeptember, 2012

CategoryApproved Amount

Previous Payments

Amount This Invoice

Balance Remaining

Compensation for Work Performed as of 1/13/12

6,974.00$ 6,957.75$ -$ 16.25$

Financing Plan Development 32,600.00 5,677.93 2,717.50 24,204.57

Community Outreach and Communications Plan

17,480.00 2,368.59 - 15,111.41

Demolition and Site Cost Updates

17,000.00 14,951.64 556.25 1,492.11

Preliminary Highest and Best Use Study

28,640.00 10,171.00 17,204.75 1,264.25

Land Use Suitability Planning 6,200.00 - 204.00 5,996.00

Surplus Equipment Liquidation

12,272.00 6,012.50 - 6,259.50

Overall Project Management 38,200.00 21,633.47 5,411.50 11,155.03

Reimbursable Expenses 5,000.00 1,106.91 413.35 3,479.74

Total 164,366.00$ 68,879.79$ 26,507.35$ 68,978.86$



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER APPOINTMENTS TO THE VARIOUS BOARDS AND

COMMISSIONS FOR 2013 AS RECOMMENDED BY THE APPOINTMENTS COMMITTEE

The Appointments Committee, comprised of Vice Mayor Ling, Commissioner English and Commissioner Tilmann, have reviewed the applications submitted for the vacant board seats and have made recommendations for some of the vacancies. As outlined on the attached memo, some of the vacancies will be filled at a later date due to lack of applicants or lack of ability to make contact with previous applicants regarding their continued interest in the current vacancies. It is recommended the Commission approve the appointments as recommended by the Appointments Committee on the attached memo. Questions regarding the recommended appointees may be directed to the Appointments Committee. KSG/ap

To: Commission

From: Appointments Committee

November 20, 2012

Attached you will find the recommendations for filling vacancies on the various boards and commissions. We have adjusted all terms to now end on December 31 rather than January 31 pending final OK from Scott Smith. Thank you for your input on this change.

You will notice that we are leaving a number of appointments until December. In some cases we are trying to contact people whose applications are on file from last year to make sure they are still available. However, in most cases we are still seeking applications including:

Planning Commission

Building, Fire and Sanitary Sewer Board of Appeals

Police and Fire Retirement Board

TIFA/DDA (must have property interest in the tax capture area)

Please encourage anyone you are aware of who might be interested to submit an application before December 5.

Recommendations from Appointment Committee:

Appointments to be filled on November 26, 2012:

1. AIRPORT ADVISORY BOARD: (TWO SEATS)

Catherine Tilmann (current) Term to expire December 31, 2015

Donna Husted Kriss (current) Term to expire December 31, 2015

2. BOARD OF REVIEW (THREE SEATS) Mary Cook (current) Term to expire December 31, 2015 Larry Collins (current) Term to expire December 31, 2015 Sam Staples (current) Term to expire December 31, 2015

3. HISTORIC DISTRICT COMMISSION (TWO SEATS) Cheryl Jindeel (current) Term to expire December 31, 2015 Elizabeth Van Dorin (new) Term to expire December 31, 2015

4. ZONING BOARD OF APPEALS: (ONE SEAT) Kim Ellertson (current) Term to expire December 31, 2015

5. CENTER for APPLIED RESEARCH TECHNOLOGY/LDFA*(THREE SEATS) David Arnold (current) Term to expire December 31, 2015 Rick Barz (current) Term to expire December 31, 2015 Tim Brockman (current) Term to expire December 31, 2016 *This is correcting a mistake made when all tax finance boards were re-organized. State law required a different term( 4 years instead of 6 years). When that correction was made, the new ending date reflected 3 years instead of the legally required 4 years.) This set of re-appointments will finalize all the corrections.

6. ECONOMIC DEVELOPMENT CORPORATION/BROWNFIELD REDEVELOPMENT AUTHORITY (ONE SEAT) Joe Olivieri (current) Term to expire December 31, 2016

7. ICTC Patrick LaChance (current) December 31, 2015

8. LOCAL OFFICERS COMPENSATION COMMISSION (ONE SEAT) Tim Coscarelly (current) December 31, 2019

9. PARKS AND RECREATION (TWO SEATS) Donald Nagler (current) December 31, 2015 TBA in December(still seeking confirmation)

10. PLANNING COMMISSION (THREE SEATS) Lesley Hoenig (current) December 31, 2015 Michael Kostrzewa (current) December 31, 2015 TBA in December(still seeking applications)

11. TAX INCREMENT FINANCE AUTHORITY/DDA (FOUR SEATS) City Manager (current) December 31, 2016 Tim Coscarelly (current) December 31, 2016 John Hunter (current) December 31, 2016 Doug Oulette (current) December 31, 2016 The Appointments Committee will make recommendations for the following Boards at the December Meeting: Planning Commission (one additional seat-still looking for applications) Building, Fire and Sanitary Sewer Board of Appeals (need two applicants) Cultural and Recreational Commission (seeking clarification on length of term) Fire and Police Retirement Board (need applicant) Parks and Recreations (still trying to confirm applicant from last February)



FROM: KATHIE S. GRINZINGER, CITY MANAGER SUBJECT: CONSIDER SETTING THE FIRST MEETING OF 2013 FOR MONDAY,

JANUARY 14, 2013 AT 7:00 PM In years past, the City Charter required the first City Commission meeting of the year be held at 8:00 pm on the first Monday in January of each year, or the first day thereafter that is not a holiday. The recent passing of the charter amendment has given the Commission the ability to hold the first meeting anytime in January. In the past, regular meetings have been held on the second and fourth Mondays of the month at 7:00 pm. Provided the Commission wants to keep the same schedule, it is recommended the City Commission set the first City Commission meeting of 2013 for Monday, January 14, 2013 at 7:00 pm. KSG/ap

11/21/2012 CHECK REGISTER FOR CITY OF MT PLEASANT CHECK DATE FROM 11/09/2012 - 11/21/2012

Check Date Bank Vendor Vendor Name Description Amount

Bank COMM COMMON CASH11/09/2012 COMM CITTREUTIL CITY TREASURER - UTILITIES CURRENT WATER/SEWER 4,187.2411/09/2012 COMM CITTREUTIL VOID 0.00 V11/21/2012 COMM RECREATION BENNETT RAYMOND SOCCER REFEREE 10.0011/21/2012 COMM PTIADD ADDIE PRITCHARD PACT WELLNESS 300.0011/21/2012 COMM AIRGRE AIRGAS USA, LLC GAS CYL RENTAL 20.1211/21/2012 COMM ALLWAS ALLIED WASTE SERVICES - #240 CURRENT DISPOSAL/RECYCLING CHARGES 20,799.4611/21/2012 COMM ARRUNI ARROW UNIFORM RENTAL CURRENT FEES/CHGS 57.3011/21/2012 COMM ATCO ATCO INTERNATIONAL TRANS-SEAL 270.0011/21/2012 COMM ATIGRO ATI GROUP ADJUSTED HEATING SETPOINT 8,439.8011/21/2012 COMM AVFUEL AVFUEL CORPORATION CREDITS - FUEL 47,758.0411/21/2012 COMM AXIWIR AXIOM WIRING SERVICE, LLC TROUBLE SHOOT SHOP LIGHT/DRILL PRESS 1,128.4911/21/2012 COMM BAYVAL BAY VALLEY OIL CAR WASHES 180.0011/21/2012 COMM BENCON BENEFIT CONSULTING GROUP, INC. HEALTH INSURANCE CLAIM ASSESSMENT 629.0011/21/2012 COMM BRIBIL BILL BRICKNER MILEAGE 77.1511/21/2012 COMM BILCUS BILL'S CUSTOM FAB, INC FABRICATE ONE GATE/RIVERSIDE CEMETERY 5,000.0011/21/2012 COMM BLOELE BLOCK ELECTRIC COMPANY SERVICE CALL - SHELTER 223.4811/21/2012 COMM BLODGE BLODGETT OIL COMPANY, INC MORLINA 184.6311/21/2012 COMM BEABRE BRENDA BEACH PARCELS FIELD INSPECTED/COMPUTERIZED 27 1,080.0011/21/2012 COMM UBREFUND BANFIELD, DURRELL UB REFUND FOR ACCOUNT: 369-77000-00 1302 25.0011/21/2012 COMM UBREFUND CORPORATE SETTLEMENT SOLUTIONS UB refund for account: 109-04900-00 7.4711/21/2012 COMM UBREFUND BIGARD, PAUL UB refund for account: 234-07001-00 58.9911/21/2012 COMM UBREFUND LOCKEYUSA/DIGITAL SYSTEMS INC UB refund for account: 110-22001-00 5.5511/21/2012 COMM BS&ASO BS&A SOFTWARE ANNUAL SERVICE/SUPPORT 11/1/12-11/1/13 1,720.0011/21/2012 COMM C&CENT C & C ENTERPRISES, INC PRINTING (6) 48.3011/21/2012 COMM CALCON CALIFORNIA CONTRACTORS SUPPLIES INC PIPE WRENCH SET/3 PC SUITS 179.9011/21/2012 COMM CORCAR CARL A. CORNELL CDL - ENDORSEMENT 47.0011/21/2012 COMM MOOCAR CAROL MOODY MILEAGE 300.2611/21/2012 COMM GUTCAS CASSIE GUTHRIE SIGN PERMIT 30.0011/21/2012 COMM CRBUR CBC CREDIT SERVICES, INC. CURRENT CHARGES 90.00

11/21/2012 COMM CDWGOV CDW GOVERNMENT, INC TONER 10,419.6511/21/2012 COMM CENASP CENTRAL ASPHALT, INC TOP MIX 550.7411/21/2012 COMM COMP CENTRAL MICHIGAN COMMUNITY HOSPITAL 4TH QTR, 2012 CONSORTIUM BILLING 112.5011/21/2012 COMM CMLIFE CENTRAL MICHIGAN LIFE 2012 ORIENTATION/WELCOME 129.3711/21/2012 COMM CMUWAR CENTRAL MICHIGAN UNIVERSITY COLOR COPIES 1,306.0311/21/2012 COMM CMU119 CENTRAL MICHIGAN UNIVERSITY ACCT #3002000173 - STAFF, EQUIPT CHARGES 743.7511/21/2012 COMM CENLIN CENTURYLINK CURRENT CHGS 87.4911/21/2012 COMM CHACOM CHARTER COMMUNICATIONS CURRENT CHGS - 804 E HIGH STREET 69.0911/21/2012 COMM CHEMCO CHEMCO PRODUCTS, INC SODIUM SULFITE 1,620.0011/21/2012 COMM CITP/R CITY TREASURER-PAYROLL FUND REGULAR PAY + ELECTION WORKERS 243,540.8311/21/2012 COMM CLAHIL CLARK HILL P.L.C. GENERAL LABOR/EMPLOYMENT OCTOBER 2012 25,664.9811/21/2012 COMM CMPDIS CMP DISTRIBUTORS, INC. GLOVE POUCH/LATEX GLOVES/RADIO HOLDER 3,092.4511/21/2012 COMM CONENE CONSUMERS ENERGY CURRENT CHGS 37,670.6511/21/2012 COMM CURPRO CURTISS PRO HARDWARE #632635 SUPPLIES 1,359.9611/21/2012 COMM DBIBUS DBI BUSINESS INTERIORS STAMP 20.8511/21/2012 COMM DORSIG DORNBOS SIGN & SAFETY, INC. SIGNS 8,238.5811/21/2012 COMM DTEENE DTE ENERGY CURRENT CHGS 3,541.6211/21/2012 COMM DTEGR DTE ENERGY 2400 S. MISSION - APPLICATION/INSTALLATI 1,197.0011/21/2012 COMM EDUTRA EDUCATION AND TRAINING WILLIAMS/EXCEL TRUE BEGINNERS CLASS 99.0011/21/2012 COMM ETNASU ETNA SUPPLY COMPANY SUPPLIES 2,120.0411/21/2012 COMM FRONTIER FRONTIER CURRENT CHGS 37.1211/21/2012 COMM GILBOE GILBOE'S LOCK & SAFE LLC OPEN TRUCK 80.0011/21/2012 COMM GILHAR GILL-ROY'S HARDWARE SUPPLIES 56.8111/21/2012 COMM FELGLE GLENN FELDHAUSER RECOGNITION OF PRIOR TRAINING/EXP UPDATE 198.0011/21/2012 COMM GRACEN GRAFX CENTRAL, INC EVIDENCE LABELS - 500 179.5011/21/2012 COMM GRAING GRAINGER TOWEL/WRENCH SET/SEALANT 690.9311/21/2012 COMM GRAWES GRAYMONT CAPITAL INC. HIGH CALCIUM QUICKLIME 6,566.0811/21/2012 COMM WALGRE GREG WALTERHOUSE BOARD MEETING/EMER PLANNING COURSE 22.0011/21/2012 COMM HACHCO HACH COMPANY PLASTIC AMPULES 2,382.8311/21/2012 COMM INSPIP INSIGHT PIPE CONTRACTING, L.P. 2012 SEWER RELINING PROJECT 18,269.5811/21/2012 COMM INTSTE INTERNATIONAL STEEL SERVICES INC. FERROUS CHLORIDE 1,840.0011/21/2012 COMM ICTC ISABELLA CO TRANSP COMM TRANSPORTATION 300.0011/21/2012 COMM ISACOUCODE ISABELLA COUNTY - COMMUNITY DEVELOP UPDATE TO THE GKB RIVERWALK TRAIL MAP 20.0011/21/2012 COMM VANJEN JENNIFER VANDUREN OVERPAYMENT - 208 OAK ST 22.0011/21/2012 COMM KEMWAT KEMIRA WATER SOLUTIONS, INC. FERRIC CHLORIDE SOLUTION 4,698.22

11/21/2012 COMM HARKEN KEN HARNICK PROJECT FRESH IF 062 32.0011/21/2012 COMM KERPUM KERR PUMP AND SUPPLY TUTHILL BLOWER W/BOTTOM SHAFT DRIVE 5,077.0711/21/2012 COMM KRAPOH KRAPOHL FORD LINCOLN MERC REPAIRS - # 227 427.5011/21/2012 COMM LEORTC L.E.O.R.T.C. TRAINING - 10/30/12 380.0011/21/2012 COMM DELLAU LAURA DELAMATER INTRO TO ANATOMY - MCC 429.2511/21/2012 COMM LAWPRO LAWSON PRODUCTS, INC SUPPLIES 117.4511/21/2012 COMM MARHAC MARTINEAU, HACKETT, ROMASHKO & CURRENT CHARGES - OCTOBER 2012 154.2011/21/2012 COMM MCGSAN MCGUIRK SAND & GRAVEL 2012 LOCAL STREET RECONSTRUCTION 2,096.7011/21/2012 COMM HOUMIC MICHELE HOUSTON DODGEBALL 35.0011/21/2012 COMM MIDOWN MICHIGAN DOWNTOWN ASSOCIATION ANNUAL MEMBERSHIP 10/1/12-9/30/13 200.0011/21/2012 COMM MICMET MICHIGAN METER TECHNOLOGY GRP., INC BATTERY PACK 168.9311/21/2012 COMM MIDANS MID MICHIGAN ANSWERING SERVICE NOVEMBER 2012 82.4011/21/2012 COMM MIDCAB MID MICHIGAN AREA CABLE 2% FRANCHISE FEE 21,723.3111/21/2012 COMM MIDIND MID-MICHIGAN INDUSTRIES BAGS/TAGS 9,337.6511/21/2012 COMM MILSUP MILAN SUPPLY COMPANY TD PANEL/INCLUDES 3 FLOATS 1,555.2011/21/2012 COMM MISLMB MISSION LUMBER & HOME CENTER REGULAR CEMENT 46.7611/21/2012 COMM MODMAR MODERN MARKETING PENCILS 319.1111/21/2012 COMM MORSTA MORNING STAR PUBLISHING CURRENT CHGS - DISPLAY ADS/NOTICES/BIDS 2,759.1911/21/2012 COMM MPHEAT MT PLEASANT HEATING SERVICE - CHECK HEATING 325.0011/21/2012 COMM MPTIRE MT PLEASANT TIRE SERVICE, INC INSTALL WINTER TIRES - SERVICE 560.7911/21/2012 COMM MPCOMM MT. PLEASANT AREA COMM FOUNDATION WOMEN'S AID & WOMEN'S INITIATIVE 1,410.0011/21/2012 COMM MPFENC MT. PLEASANT FENCE SASH & DOOR HINGES - FASTENERS 18.0011/21/2012 COMM NORCEN NCL OF WISCONSIN SUPPLIES 1,552.9211/21/2012 COMM NGSAME NGS CORESOURCE HEALTH/DENTAL/FLEXIBLE SPENDING ADMIN 4,416.2311/21/2012 COMM NYEUNI NYE UNIFORM COMPANY FELDHAUSER/SHIRTS/PANTS/JACKET/SWEATER 5,254.6611/21/2012 COMM NYEUNI VOID 0.00 V11/21/2012 COMM OFFDEP OFFICE DEPOT OFFICE SUPPLIES 170.8411/21/2012 COMM OFFMAX OFFICEMAX CONTRACT INC. OFFICE SUPPLIES 736.1211/21/2012 COMM OLIBUI OLIVIERI BUILDERS ZBA REQUEST FOR 1006 S WASHINGTON 250.0011/21/2012 COMM OHM ORCHARD, HILTZ & MCCLIMENT, INC. GRADUATE HOUSING SEWER/WATER CONN 350.0011/21/2012 COMM PARLAB PARAGON LABORATORIES, INC. CURRENT CHARGES 900.0011/21/2012 COMM PLETHY PLEASANT THYME HERB FARM MAINTAIN HANGING BASKETS 875.0011/21/2012 COMM PRISYS PRINTING SYSTEMS, INC AV BALLOT OUTSIDE/INSIDE ENVELOPES 136.4411/21/2012 COMM PROCOM PRO COMM, INC ADDED TAC AND ADMIN TO MP FIRE ZONE 897.6011/21/2012 COMM PROGBUS PROGRESSIVE BUSINESS PUBLICATIONS QUALITY MANAGER'S ALERT 299.00

11/21/2012 COMM QUILLC QUILL CORPORATION SUPPLIES 65.1211/21/2012 COMM MURPHR R & T MURPHY TRUCKING, LLC LEAVES - DISPOSAL 4,137.4111/21/2012 COMM R&RFIRE R&R FIRE TRUCK REPAIR, INC. BREATHING AIR SAMPLE MAILING KIT 85.0011/21/2012 COMM THARYA RYAN THATCHER GRAVEL APPROACH PAVING 1515 UPTON 450.0011/21/2012 COMM SCHTEC SCHOOL-TECH, INC FLASHING LT STOP SIGN/ARM LIGHT 184.9011/21/2012 COMM STTAX STATE OF MICHIGAN PERS PROPERTY EXAMINER DAVID S ROWLEY 150.0011/21/2012 COMM STTAX STATE OF MICHIGAN PERS PROPERTY EXAMINER - DIANNE ADAMS 150.0011/21/2012 COMM MAYSTE STEVEN LYLE MAYNARD MILEAGE 26.0911/21/2012 COMM STT STT UNIFORM GUARD SERVICE 3,243.2411/21/2012 COMM MORSUN THE MORNING SUN SUBSCRIPTION - 1303 N FRANKLIN 139.1011/21/2012 COMM THITUR THIELEN TURF IRRIGATION, INC WINTERIZE IRRIGATION SYSTEM 1,329.4811/21/2012 COMM TARTOD TODD TARLTON AIRPORT OPERATIONS MGMT SERVICES 854.1711/21/2012 COMM TOTSPO TOTAL-LEE SPORTS, INC T'S W/DODGEBALL PRINT 392.0011/21/2012 COMM UNIPUM UNIVERSAL PUMP COMPANY STATOR/ROTOR/BALL GEAR/RING/NUT 4,778.1011/21/2012 COMM VALAUT VALET AUTO CARE, INC RED TAURUS - CLEAN CAR 170.0011/21/2012 COMM VERWIR VERIZON WIRELESS CURRENT CHARGES 3,316.2711/21/2012 COMM WIETRU WIELAND TRUCK CENTER - CLARE REPAIRS UNIT 424 300.36 V11/21/2012 COMM MRDWIL WILLIAM R. MRDEZA MML PLACEMAKING WORKSHOP 184.71 V11/21/2012 COMM WINTEL WINN TELECOM CURRENT CHGS 2,171.88 V11/21/2012 COMM WONTRE WONSEY TREE SERVICE, INC. STUMP REMOVAL - ISLAND/NELSON/HORIZON 1,987.50 V11/21/2012 COMM ZEEMED ZEE MEDICAL, INC CABINET SUPPLIES 228.15 V11/21/2012 COMM WIETRU WIELAND TRUCK CENTER - CLARE REPAIRS UNIT 424 300.3611/21/2012 COMM MRDWIL WILLIAM R. MRDEZA MML PLACEMAKING WORKSHOP 184.7111/21/2012 COMM WINTEL WINN TELECOM CURRENT CHGS 2,171.8811/21/2012 COMM WONTRE WONSEY TREE SERVICE, INC. STUMP REMOVAL - ISLAND/NELSON/HORIZON 1,987.5011/21/2012 COMM ZEEMED ZEE MEDICAL, INC CABINET SUPPLIES 228.15

COMM TOTALS:Total of 125 Checks: 557,242.63Less 7 Void Checks: 0.00Total of 118 Disbursements: 557,242.63

regular meeting of the mt. pleasant city commission monday, … · o ffice at 779-5313. a 48-hour...

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