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Amended Agenda St Clair Shores City Council Meeting Tuesday February pm City Hall Jefferson Circle Drive St Clair Shores MI

Call to Order Roll Call and Pledge of Allegiance Proclamations Presentations Audience Participation on agenda items minute time limit Submit form to City Clerk prior to start of meeting Request to hold ShoresPointes Adventure Triathlon on Saturday July from am am at Blossom Heath ParkBeach

zfrwrn nr rescheduled to Request approval for sale of Evergreen Recommendations from the Communications Commission for Modifications to the Citys Facebook Policy BidslContractsPurchase Orders a Award bid for the Purchase of Natural Gas for City Owned Municipal Buildings bid opened

rescheduled to c Award bid for the Request for Proposal RFP for Food and Beverage Concessions in Parks bid opened d Award Bids from the Energy Efficiency Grants i Award bid for Civic Center Pump Motor and Water Heater Replacement bid opened

Request from the Fire Department for Ordinance Adoption and Amendments a Adopt new sections to Ordinance Regarding Ambulance Service fees on transporting confined patients b Amend Ordinance to update the language to reflect our current practices Consent Agenda Items shall be considered without debate by motion and vote ofCouncil unless a member of Council specifically requests action taken separately on said item a Bills b Fees c Progress Payments d Approval of Minutes e Receive File Boards Commissions Committee Minutes f Request to set Public Hearings for vacation of Public Alleys on April as follows i Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores ii Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores iii Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores iv Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores v Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores vi Public Alley west of through Harper retaining all public and private easements by the City of St Clair Shores vii Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores viii Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores ix Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores Updates and followups from Council Meeting Comments by Individual Councilpersons City Managers Report Audience Participation minute time limit Mayors Comments orvia Individuals with disabilities or impairments who plan to attend this meeting need to contact the City Clerksoffice at Michigan Relay form is available all Ten Center at from TT if auxiliazy aides or services aze needed A request for service at City departments business days advance notice is required

the Please note that Anyone requesting itemsto be placed on the agenda must submit the request inwriting to the City Clerk days prior to meeting under the audience only items requiring official Council action will be placed on the Council agenda Other matters will be considered participation portion of themeeting Note At the end ofeach Audience Partdcipation time the cameras are returned to the Council

and Channel Broadcasts of regulaz Council meetings are shown via Comcast Cable Channel WideOpenWest Cable Channel Q ATT Sunday Saturday at am Monday Tuesday Thursday at pm

Publish February

Page of Council Meeting February

AGENDA ITEM Request from ShoresPointes Adventure Triathlon to hold a triathlon at Blossom Heath Park Saturday July from am am

BACKGROUND This is the second year for a Triathlon to be held in the City

This rage is certified as an official Governors Fitness race Participants will kayak miles on Lake St Clair Bike miles down Lakeshore Drive through Grosse Pointe and Run K on Jefferson in St Clair Shores All proceeds are donated to the high school athletic departments in St Clair Shores and Grosse Pointe The Macomb County Sheriff Division has contacted the petitioner to the confirm that they are providing additional safety during kayak portion of the race and the St Clair Shores Power Squadron is committed to helping out on the water Volunteers will be provided by the high school athletic teams honors society and Rotary Club

ATTACHMENTS Special Event Application Advertisement Information Sheet Flyer Maps Council Minutes of

PROPOSED RESOLUTION ApproveDeny the request from ShoresPointes Adventure Triathlon to hold a triathlon starting and ending at Blossom Heath Park Saturday July from am am subject to naming the City as an additional insured on their event liability insurance event application waiverrelease form and that they provide this form to the St Clair Shores City Attorney for review prior to distribution of the application release and that the bikersruns to use the curb lane for the race

Motion by Seconded by

VOTE AYES

NAYS

ABSTAIN

ABSENT

Prepared by Mary A Kotowski City Clerk Date February City o cjt Clair cjores Permit for Parades Fun Runs Fun Walks City ClerksOffice Phone Jefferson Circle Drive Fax St Clair Shores MI marya@scsminet

Date d l

Name of OrganizationBusiness Address PhonE Contact Persor Address

Name of Event e of Event Date and Time of Location of Event

Special Conditior

YES NO

Will you be putting signs up If yes please apply for a temporary sign permit

Will sidewalks be used

Will streets be used r

Are barricadescones re sted How many barricade s t cones Must be returned to DPW followin work da OOam m

The following documents MUST be attached A detailed map showing the location of the event streets to be closed and affected intersections Please submit any additional information that may be pertinent such as Brochures Letters of Recommendation Requested miscellaneous support documents on Organization letterhead The applicant must obtain a Park Permit from Parks Recreation if event held in a City Park The applicant agrees to hold harmless indemnify and defend the City of St Clair Shores its officers and employees from any liability which may arise out of this event Applicant shall maintain General Liability Insurance with limits of liability of not less than One Million Dollars per occurrence andor aggregate combined single limit for personal injury and property damage St Clair Shores shall be named as an additional insured on applicants General Liability Insurance Policy and also shall be named on applicants auto policies if any vehicles will be used

cc Traffic Lt Police Dispatch Fire Dept P R andor DPW if applicable Petitioner personal injury bodily injury and property damage St Clair Shores shall be named as an additional insured on applicants General Liability Insurance Policy and also shall be named on applicants automobile policies if any vehicles will be used AMOUNT MAY NEED TO BE INCREASED DEPENDING UPON SIZE OF EVENT AND SUBJECT TO APPROVAL OF CITY MANAGER The applicant agrees to comply with all City and County ordinances and regulations in connection with the event and to pay the City for its direct costs in connection with staging this event if assessed Special Events with Music Disclaimer Should the PD receive a complaint regarding the volume of the music and the responding officers determine the volume to be unreasonable the responding officers shall summon an onduty supervisor If the responding supervisor deems the music volume unreasonable the ApplicantMomeownershail reduce the volume to a level deemed acceptable by the onduty supervisor Should the ApplicantHomeownerfaii or refuse to reduce the volume to a reasonable level as determined by the supervisory officer then the permit would be void and the vy homeownerwoulc

Applicants Sig

DATES ROUTED TL vrrvc I MAN IVK INShtC LIONS The foregoing information is provided for you information andor approval Please acknowledge and return to the City ClerksOffice

Cost Department Approved Signature estima tes NA Community Development

City Clerk Fire Route Insurance waivers required Haney oK Subject to receipt of insurance certificate Insurance Participant Waivers Hold Harmless Bowlin No problem as long as the coordinators understand that they Police must comply with the same rules as last year in regards to hiring police officers and follow all rules set Department of Public Works Route Road Closures Esler No problem however organizers must understand they will Parks Recreation be charged for any overtime related to their event

This Permit as requested is hereby approved subject to the following conditions

APPROVED DENIED DATE

Benjamin M Hughes City Manager Mary A Kotowski City Clerk Note This permit does not relieve applicant from meeting any applicable requirements of law or other public bodies or agencies

Ca Petitioner Code Enforcement Fire Marshal Traffic Lt Police Dept Tim Haney DPW PR wattachments wattachments ifinsurance needed if applicable x g na I g Pye j ci Sae a N

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s v v a o cw m tD ca Q m s O lD CD N CD N C Q D ShoresRointes Adventure Triathlon K Race

Saturday July am am

Blossom Heath Park Saint Clair Shores MI

Kayak miles on Lake St Clair Bike miles down beautiful Lakeshore give RunK

Races Individual Triathlon prior to May May through July Triathlon Relay Team prior to May May through July uathlon prior to May May through July K runwalk prior to May May through July Race day registration for the K

Registration is online at wwwshorespointestricom Email shorespointestri@gmailcom

Vou dontknow whether you can unti

mu evem endorses ev The physical activity content for this event Ns has been reviewed and endorsed by the m c GovernorsCouncil on Physical Fitness Health and Sports This does not reflect endorsement of the sponsoring organization or the products being used ShoresPointes Adventure Triathlon

Check out our web site for more details L

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REQUEST FOR APPROVAL BY SATCHELS LLC FOR A NEW CLASS C LIQUOR LICENSE contd

with Motion by McFadyen seconded by Frederick to approve the request for a new Class C Liquor License Sunday Sales Dance Entertainment and Outdoor Service for a new restaurant to be located at Jefferson Building F St Clair Shores Michigan Macomb County to Satchels LLC be APPROVED be above all others and that it is the consensus of the legislative body that this application RECOMMENDED for issuance and that Mr LeFevre on behalf of Satchels LLC shall enter into an agreement with the City of St Clair Shores pursuant of Citys policy to not allow the transfer of the liquor license outside of the City

Ayes Alt Absent Rusie

Mr LeFevre thanked Mayor and Council for the reconsideration and expressed his excitement to work in this community

REQUEST FROM FORD HEALTH SYSTEM TO HOLD A TRIATHLON AT BLOSSOM HEATH PARK ON JULY AMTO AM

Ms Marianne Beach manager of the Henry Ford Health System presented their request to hold a first time triathlon in St Clair Shores with a starting point at Blossom Heath Park on July starting at am

The event will be available to participants years of age and older This is a beginners triathlon with kayaking running and cycling A company will rent kayaks to people that do not bring their own Another professional company will be hired to manage the event

Ms Lynda Charow resident of St Clair Shores and event organizer explained that Blossom Heath Park is compatible for a triathlon and because of the foreseen water quality issues due to high E coli levels during the summer the registration forms will acknowledge and waive any liability issues Volunteers will be available to help people get out of the kayaks

Ms Charow added that no roads will be closed One lane on Jefferson will be used for singlefile riding

Mr Hughes stated he met with the Parks and Recreation Director the Police Department City Clerk and event host and administration was comfortable approving the event Eight police officers will be required to help with the general safety of the participants and the citizens The organizers are aware of the estimated cost of and will reimburse the City for Police Department overtime costs

Ms Beach handed out an updated report of economic impact of triathlons based on Dr Daniel Stynes research of Michigan State University Ms Charow will supply training classes before the event and hopefully that will have a positive impact on the local businesses providing equipment for the race

triathlon that Mr Walby inquired if the triathlon is geared for first timers or experienced athletes This is an adventure is flexible to accommodate beginners

Ms Beach advised that shes been in touch with the legal department regarding the insurance and they are working on providing that certificate to the City

Mayor Hison talked about the audience that will watch the event The audience has to be accounted for when planning the event for traffic parking etc

Ms Charow mentioned there will not be a separate fee to enter the park aside from the registration fee A goodie bag will be provided for the participants in which participating vendors flyers will be included

Mayor Hison suggested filming a Cable program prior to the event being held

hold Motion by McFadyen seconded by Rubello to approve the request from Henry Ford Health System to a Triathlon at Blossom Heath Park on July am to amsubject to naming the City as an waiverrelease form to additional insured on their event liability insurance a providing the event application the St Clair Shores City Attorney for review prior to distribution of the applicationrelease the bikersruns to use the curb lane for the race also subject to other municipalities approval of the event and the event host to reimburse the City for the Police Department overtime costs

Ayes All Absent Rusie

of City Council Meeting December Page CITY COUNCIL FEBRUARY

AGENDA ITEM Request approval for sale of Evergreen

BACKGROUND This property was acquired as part of a tax foreclosure through Macomb County The property has been on the market through Realty Executives in which they have secured a full price offer

ENCLOSURES Appraisal Expenditure Report SellersApproximate Cash Proceeds Report Sale Agreement

PROPOSED RESOLUTION

It was moved by Councilperson and supported by Councilperson to approvedeny a request to sell Evergreen in the amount of

VOTE Ayes

Nays

Abstain

Absent

Prepared by Caryl fillips Community Services Dept Secretary

Reviewed by Community Services Director GE APPRAISAL SERVICE LLC

SCS

File No

APPRAISAL OF

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LOCATED AT

EVERGREEN ST SAINT CLAIR SHORES MI

CLIENT

CITY OF SAINT CLAIR SHORES JEFFERSON CIRCLE DR SAINT CLAIR SHORES MI

AS OF

JANUARY

APPRAISED VALUE

BY

GARY L EDGARGEAPPRAISAL

FRAHt RT CI AIR RHnRFA MI dRR PHCINFFAX WVMGEAPPRAISALCOM GE APPRAISAL SERVICE LLC SCS Residential Appraisal Report File No

a intended use of the The purpose of this appraisal report is to provide the client with credible opinion of the defined value otthe subject property given the appraisal Client NameIntended User CITY OF SAINT CLAIR SHORES Email RAYES CHRIS CHRIS SCSMIN

Client Address JEFFERSON CIRCLE DR Ci SAINT CLAIR SHORES State MI Zi

Additional Intended Users NO ADDITIONAL INTENDED USERS ARE IDENTIFIED BY THE APPRAISER

Intended Use THE PURPOSE OF THIS REPORT IS TO DETERMINE THE MARKET VALUE OR MOST PROBABLE SALE PRICE OF THE SUBJECT PROPERTY SEE ADDENDUM Zi Pro a Address EVERGREEN ST Ci SAINT CLAIR SHORES State MI

Ownerof Public Record SAINT CLAIR SHORES Count MACOMB

Le al Desai ion LOT COUCHEZ FARMS SUBDIVISION

Assessors Parcel Tax Year RETaxes

Nei hborhoodName COUCHEZ FARMS Ma Reference MSAMDCODE Cenwsract

Pro a Ri htsA raised X FeeSim Ie Leasehold Other describe

M research did X did no reveal an or sales orvansfers of he subject pro for the three ears da to the effective date of tMS a sisal

Pdorsalefransfer Date NIA Pdce NA Sources MULTIPLE LISTING SERVICE

Analysis of prior sale or transfer history of thewbjectpropertyandcomparablesalesifapplirable PER THEMESTHESUBJECTHASNOTSOLDWITHINTHE SUBJECT LAST THREE YEARS NOR THE COMPARABLES WITHIN THE LAST MONTHS OTHER THAN INDICATED THE HOME TRANSFERRED FOR FROM THE MACOMB COUNTY TREASURER SEE ATTACHED

OfferingsopUonsandcornractsasoftheeflectivedateoftheappraisal NONE KNOWN

rli i nrtH r Nein Snc

Location Urban XSuburban Rural Pro rt Values Increasin Stable X Dedinin PRICE AGE OneUnit rs Unit BuiltU X Over Under DemandlSu I Shorty a In Balance X Over Su I S Low MultiFamil Growth Ra id X Stable Slow Marketin Time Under mths X mths Over mths Commercial Neighborhood Boundaries THE SUBJECT IS BOUND ON THE NORTH BY MILE ON THE BY Hi h MILE ON THE EAST BY JEFFERSON AND ON THE WEST BY LITTLE MACK Pred Other

Neighborhood Description SEE ATTACHED

Market Conddions induding support for the above condusions SEE ATTACHED

RESIDENTIAL Dimensions X Area SOFT Sha a RECTANGULAR view

ecificZOnin Classification R Zonin Descri Uon SINGLE FAMILY RESIDENTIAL

Zonin Com liance X Le al Le al Nonconformin Grandfathered Use No Zonin Ille al describe No If No describe Is he highest and best use of the subject property as improved or as proposed per plans and specifications the present use X Yes

rovementsTe Public Private Utilities Public Other describe Public Other describe Offsitelm

Electdci X water X Sveet CONCRETE X

Gas X Sanity Sewer X Alle NONE X Site Comments THE SIZE SHAPE AND TOPOGRAPHY OFTHE THE SUBJECT SITE ARE TYPICAL FOR THE AREA NO EVIDENCE OFADVERSE EASEMENTS OR ENCROACHMENTS WERE NOTED

r titra zirlcr Ernaoi nor raFlorz rilre T Floors CPTHWDAVG Unfts X One OnewACC unit X ConcreteSlab Crawls ace Foundation Walls CONCBLKAVG PLASTERAVG ofStories Full Basement X PartialBasement Exterior Walls BRKNINAVG Walls WOODAVG T e X Det Att SDetEnd Unit Basement Area s K Roof Surface CMP SHNGUAVG TdmFinish X Existin Pro osed UnderConst Basement Finish Gutters Downs uts ALUMINUMAVG Bath Floor CERAMICAVG Bath Wainscot CERAMICAVG Desi n S le RANCH outsideE Exit Sum Pum WindowT a INSULVINAVG

Year Built Storm SashInsulated NONE CarStora a None

Effective A e rs Screens YESAVG X Ddvewa of Cars Attic None Heatin X FWA HW Radiant Amenities WoodStove s Drivewa Surface CONCRETE

Dro Stair Stairs Other Fuel GAS X Fire aces X Fence CYCL X Gara e of Cars

Floor X Scuttle Coolin X Central Air Conditlonin X PatioDeck CON X Porch CONC Car rt of Cars Finished Heated Individual Other Pool Other Att X Det Builtin

A liances Refri erator Ran aOven X Dishwasher X Dis oral Microwave WasherDer Other descdbe of Livin Area Above Grade Finished area above rade contains Rooms Bedrooms Baths uare Fee Gross Additional Features THE SUBJECT HAS TYPICAL FEATURES AND AMENITIES FOR ITS VALUE RANGE AND MARKET AREA THE SUBJECT HOME IS IN THE MIDST OF RENOVATIONS TOTHE INTERIOR AND EXTERIOR INCLUDING KITCHEN BATH ROOF MECHANICALS PAINT AND FLOORING OBSOLESCENCE OR EXTERNAL Comments on thelmprovements NO EVIDENCE OF DEFERRED MAINTENANCE FUNCTIONAL RAND TEAR INFLUENCES ALL SYSTEMS APPEAR TO BE IN WORKING ORDER NORMAL PHYSICAL DEPRECIATION WAS OBSERVED

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FEATURE SUBJECT COMPARABLE SALE Nt COMPARABLE SALE N COMPARABLE SALE N EVERGREEN ST FRANCIS ST RAYMOND ST ST MARGARET ST Address SAINT CLAIR SHORES SAINT CLAIR SHORES SAINT CLAIR SHORES SAINT CLAIR SHORES Proximit toSubect IMILES ESE MIL ES SSE MILES NNW

Sale Price S S t n n S T ft Sale PriceGross Liv Area sq ft sq ti S sq

Data Sources ASSESSOR MLS DOM MLS DOM MLSDUOM verification Sources INSPECTION ASSESSOR ASSESSOR ASSESSOR DESCRIPTION VALUE ADJUSTMENTS DFSrRlpnr I DESCRIPTION sAa mlenl DESCRIPTION saauzmenl IsAeuzmem Sale or Finandng i CONV FHA CONY Concessions I LP LP LP Date of SaleFime c cs cs

Location SUBURBAN SUBURBAN SUBURBAN SUBURBAN

LeasehddFeeSim e FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site SOFT SO FT SO FT view RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL

Desi n S le RANCH RANCH RANCH RANCH Quali orConstiudion BRICKAVG BRICKAVG BRICKAVG BRICKAVG

Actual e e Condition AVERAGE AVERAGE AVERAGE AVERAGE

Above Grade total Bdrms aalhs Tlal Btllms Bmhs Trial Btlrms Baths Total Brms Baths

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s ft Gross Livi Area s ft ft s tt BasememFinished BASEMENT BASEMENT BASEMENT BASEMENT

Rooms Below Grade PARTFINSHD PARTFINSHD FINISHED FINISHED

FunctionalUGli CONFORMS CONFORMS CONFORMS CONFORMS Heatin Coolie FWA CAIR FWA CAIR FWA CAIR FWA CAIR Ener Effidentltems TYP WINDOWS TYP WINDOWS TYP WINDOWS TYP WINDOWS tiara eCar ort CAR DET CAR DET CAR ATT CAR DET

PorchlPatioDeck TYPICAL SIMILAR SIMILAR SIMILAR AMENITIES AMENITIES AMENITIES AMENITIES

FEATURES UPDATES STD FEATURES UPDATES UPDATES

NetAdustment otal X S X X S Adjusted Sale Price NetAdj Net Adj Net Adj otCom arables GrossA B Gross S Grossed

Summa of Sales Com arison roach ALL SALES COMPARABLES ARE VERIFIED AS CLOSED WHILE THE OVERALL MARKET IS IN DECLINE DUE TO LOCAL ECONOMIC CONDITIONS SHORT SALES AND FORECLOSED HOMES CURRENT MARKET DATA INDICATES TIME ADJUSTMENTS ARE NOT WARRANTED FOR THE SMALL SUBMARKETOF COMPARABLE SALES IN RELATION TOTHE SUBJECT HOME SEE ADDENDUM

Site Value Comments THE EXTRACTION METHOD WAS USED TO DETERMINE SITE VALUE l HE LAND TO VALUE RATIO IS WHICH IS TYPICAL FOR THE SUBJECT MARKET AREA

ESTIMATED REPRODUCTION OR REPLACEMENT COST NEW OPINION OF SITE VALUE

Source of cost data Dwellin S Ft ca S S Qualit rafin from cost semce Effective date of cost data BSMT SOFT F @ S Commems on Cost A roach toss livin area calculations de eciation etc THE COSTAPPROACH WAS NOT REQUIRED BY THE CLIENT Gara elCa ort FL @ S S MOST WEIGHT IS GIVEN TO THE SALES COMPARISON Total Estimateof CostNew

APPROACH DUE TO THE AVAILABILITY AND RELIABILITY OF Less Ph sical Functional External

DATA De reciation

De erdated Cost of lm ovemerns AsisValue of Site Im ovements S

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Estimated Monthl Market Rent S NA X Gross Rent Multi im NA S NIA Indicated Value b Income A roach SummaryotlncomeepproachincludingsupporttormarketremandGRM THE INCOME APPROACH WAS NOT REQUIRED BY THE CLIENT MOST WEIGHT IS GIVEN TOTHE SALES COMPARISON APPROACH DUE TO THE AVAILABILITY AND RELIABILITY OF DATA

Indicated Valueb SalesCom arisonA roachslO OOO CostA roach if devefo ed O IncomeA roach if develo edSNA MOST WEIGHT IS GIVEN TO THE SALES COMPARISON APPROACH DUE TO THE AVAILABILITY AND RELIABILITY OF DATA WHICH BEST REFLECTS THE DEMAND AND VALUE FOR THE SUBJECT

This appraisal is made as is X wbject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed wbject to thetdlowing repairs oralterations on the basis of a hypothetical condition hat the repairs or alterations havekeen completed Qsubjectto the following THIS APPRAISAL REPORT IS INTENDED FOR USE IN ASSISTING THE CLIENT IN DETERMINING THE SUBJECT HOMES FAIR MARKET VALUE THIS REPORT IS NOT INTENDED FORANY OTHER USE THIS APPRAISAL IS SUBJECT TO COMPLETION OF RENOVATIONS

value real Based on he scope ofwork assumptions limiting conditions and appra isers certification my our opi nion ofthe defined ofthe property ofthis that isthe subjectof this report is asof H which isthe effectivedate appraisal

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FEATURE SUBJECT COMPARABLE SALEN COMPARABLE SALEN COMPARABLE SALEN EVERGREEN ST LOVE ST

Address SAINT CLAIR SHORES SAINT CLAIR SHORES

Proximi to Su ed MILFS NE e Sale Pdce S S JS s ft Sale PdceGross Liv Nea S sq ft i S sq ft j s

Data Sowce s SSESSOR MLS DOM Vericationsources INSPEGTIQN ASSESSOR

mem VALUE ADJUSTMENTS DESCIi DESCRIPTION isAusmiam DESCRIPTION land svneni DESCRIPTION iIS

Sale orFinandng ACTIVE LIST Concessions SALELIST

Date of SaleFime LIST DATE Location SUBURBAN SUBURBAN LeaseholdFeeSim e FEE SIMPLE FEE SIMPLE Site SOFT SQ FT

view RESIDENTIAL RESIDENTIAL Desi nS le RANCH RANCH Quali otConstruction BRICKAVG BRICKAVG

Actual A e

Condition AVERAGE AVERAGE

emus Above Grade raai earns earns rmai edms earn tool moos earns rani srms Room Count

Gross tivi Area h s ft ft s ft

BasemenFinished BASEMENT BASEMENT

Rooms Below Grade PART FINSHD FINISHED FunctionalUfili CONFORMS CONFORMS Heatin Coolin FWA CAIR FWA CAIR Ener Etficientltems TYP WINDOWS TYP WINDOWS

tiara elCar on CAR DET CAR DET PorchlPatiMDeck TYPICAL SIMILAR AMENITIES AMENITIES

FEATURES UPDATES UPDATES

Net A ustment oral X S X S X S Adjusted Sale Price Net Adj Net Adj Net Adj of Com ambles Gross A S Gross S Gross S

Summa of Sales Com adsonA roach ADJUSTMENTS FOR COMPARABLE IS CONSISTENT WITH THOSE OF COMPARABLES COMPARABLE IS AN ACTIVE LISTING GIVEN TOSHOW CURRENT MARKET SUPPORT TYPICAL SALE TO LIST PRICE RATIOS IN THE SUBJECT MARKET ARE NEGATIVE ADJUSTMENTS WERE MADE TO ACTIVE AND PENDING COMPARABLES TO REFLECT CURRENT SALE TO LIST PRICE RATIOS

THE ORIGINAL LIST DATE AND PRICE OF COMPARABLE WAS FOR

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Client CITY OF SAINT CLAIR SHORES File No

PropertvAddress EVERGREEN ST Case No SCS City SAINT CLAIR SHORES State MI Zip

INTENDED USE MARKET VALUE FOR THE PURPOSES OF THIS REPORT IS DEFINED AS THE MOST PROBABLE SALE PRICE WHICH A PROPERTY SHOULD BRING IN A COMPETITIVE AND OPEN MARKET UNDER ALL CONDITIONS REQUISITE TO A FAIR SALE THE BUYER AND THE SELLER EACH ACTING PRUDENTLY AND KNOWLEDGABLY AND ASSUMING THE PRICE IS NOT AFFECTED BY UNDUE STIMULUS IMPLICIT IN THIS DEFINITION IS THE CONSUMMATION OF A SALE AS OF A SPECIFIED DATE AND THE PASSING OF TITLE FROM SELLER TO BUYER UNDER CONDITIONS WHEREBY

BUYER AND SELLER ARE TYPICALLY MOTIVATED BOTH PARTIES ARE WELL INFORMED A REASONABLE TIME fS ALLOWED FOR EXPOSURE ON THE OPEN MARKET PAYMENT IS MADE IN TERMS OF CASH IN UNITED STATES DOLLARS OR IN TERMS OF FINANCIAL ARRANGEMENTS COMPARABLE THERETO AND THE PRICE REPRESENTS THE NORMAL CONSIDERATION FOR THE PROPERTY SOLD UNAFFECTED BY SPECIAL OR CREATIVE FINANCING OR SALES CONCESSIONS GRANTED BY ANYONE ASSOCIATED WITH THE SALE

PRIOR SALES COMMENTS ABBREVIATIONS WARDEED WARRANTY DEED SHERDEED SHERIFFSDEED FORECLOSURE DD THIS COULD BE A DELINQUENT TAX PAYOFF A JUDGEMENT OR OTHER TYPE OF RECORDING QC QUITCLAIM

COMPARABLE PREVIOUSLY TRANSFERRED FOR WAR DEED

THE TRANSFER AMOUNT VIA SHERIFFS DEED IS TYPICALLY THE AMOUNT OWED TO THE LENDER AT FORECLOSURE

THE ABOVE PRIOR SALES OR TRANSFERS OF THE SUBJECT PROPERTY ANDOR COMPARABLES DO NOT HAVE AN IMPACT ON THE SUBJECTSAPPRAISED VALUE OR MARKETABILITY

Neighborhood Description THE SUBJECT IS IN AN ESTABLISHED NEIGHBORHOOD LOCATED NORTH OF THE CITY OF DETROIT THE NEIGHBORHOOD IS COMPRISED OF VARIOUS STYLE HOMES OF AVERAGE QUALITY THE NEIGHBORHOOD HAS ACCESS TO ALL NECESSARY SUPPORTING FACILITIES INCLUDING SCHOOLS EXPRESSWAYS RECREATION AND EMPLOYMENT ACCESS TOAREA EXPRESSWAYS ARE MILE WEST

THERE IS A HIGH NUMBER OF VACANT AND FORECLOSED HOMES WITHIN THE SUBJECT MARKET AREA AND HOMES OFFERED AS SHORT SALES

A SHORT SALE OCCURS WHEN A PROPERTY IS SOLD AND THE LENDER AGREES TOACCEPT A DISCOUNTED PAYOFF MEANING THE LENDER WILL RELEASE THE LIEN THAT IS SECURED TO THE PROPERTY UPON RECEIPT OF LESS MONEY THAN IS ACTUALLY OWED

NEIGHBORHOOD MARKET CONDITIONS THIS IS A MARKETABLE AREA OF WELL MAINTAINED HOMES THE MAJORITY OF SALES IN THE SUBJECT COMMUNITY ARE FINANCED WITH CONVENTIONAL FHA AND VA TERMS SELLERS CONCESSIONS ARE NOT UNCOMMON IN THE SUBJECT MARKET AREA SELLER CONCESSIONS ARE USED TO ASSIST THE PURCHASER IN PAYING CLOSING COSTS AND PREPAID ITEMS RELATING TO THE SALE THE WILLINGNESS BY A SELLER TO PARTICIPATE IN SALES CONCESSIONS INCREASES THE MARKETABILITY OF THE HOME FOR SALE

TYPICAL SALE TO LIST PRICE RATIOS IN THE SUBJECT MARKET ARE

WITHIN THE PAST MONTHS APPROXIMATELY HOMES OFALL TYPES SOLD IN THE SUBJECT MARKET AREA THIS INDICATES AN ABSORPTION RATE OF HOMES PER MONTH THERE ARE CURRENTLY ACTIVE LISTINGS THIS INDICATES A MONTH SUPPLY OF UNSOLD HOMES COMPARABLE SALES SIMILAR TO THE SUBJECT PROPERTY HAVE SOLD WITHIN THE PAST YEAR THIS YIELDS AN ABSORPTION RATE OF SALE PER MONTH THERE ARE CURRENTLY ACTIVE AND PENDING COMPARABLE HOMES THIS INDICATES A MONTH SUPPLY OF UNSOLD COMPARABLE HOMES AVERAGE DAYS ON MARKET ARE THE RANGE OF DAYS ON MARKET WAS DAYS TO DAYS

LOCAL ECONOMIC CONDITIONS THE OVERSUPPLY OF UNSOLD HOMES SHORT SALES AND LENGTHENING MARKETING TIMES HAVE CONTRIBUTED TOA DECLINE IN PROPERTY VALUES IN THE SUBJECT MARKET AREA

ADVERSE FACTORS AFFECTING MARKETABILITY OF HOMES IN THE SUBJECT MARKET AREA ARE DECLINING VALUES DUE TO LOCAL ECONOMIC CONDITIONS LENGTHENING MARKETING TIMES AND FORECLOSED HOMES IN THE SUBJECT MARKET AREA

IT IS POSSIBLE THAT THAT PROPERTY VALUES IN THE SUBJECT MARKET AREA COULD CONTINUE TO TREND DOWNWARD IF ECONOMIC CONDITIONS CONTINUE TO DECLINE

FOR THE PREDOMINANT VALUE THE APPRAISER USED THE MEDIAN NUMBER A VALUE WHICH DESCRIBES THE CENTER OR MIDDLE NUMBER IN A SET OF NUMBERS THIS NUMBER TAKES INTO CONSIDERATION ALL TYPES OF HOUSING STYLE DESIGN CONSTRUCTION AND ALL TYPES OF TRANSACTIONS FORECLOSURE

AdderKhxnPage of ADDENDUM

Client CITY OF SAINT CLAIR SHORES File No

Property Address EVERGREEN ST Case No SCS City SAINT CLAIR SHORES State MI Zip

NONARMS LENGTH ARMS LENGTH IT IS AN OVERVIEW OF THE ENTIRE MARKET AREA AND NOT MEANT TO REFLECT ONLY THE SUBJECT PROPERTY

ADDITIONAL COMMENTS CONCERNING THE HIGH NUMBER OF FORECLOSURES IN THE SUBJECT MARKET AREA WITHIN THE SUBJECT MARKET AREA THERE S A LOWER VALUE RANGE OF HOMES SOLD IN FORECLOSURE THE CONDITION OF THESE HOMES CAN VARY WIDELY DEPENDING ON THE CIRCUMSTANCES OF THE FORECLOSURE TYPICALLY THESE HOMES ARE PURCHASED RENOVATED AND RESOLD AT THE HIGHER END OF THE VALUE RANGE DUE TO THEIR RECENT RENOVATIONS AND UPDATES

A HIGH NUMBER OF FORECLOSED HOMES IN A MARKET AREA CAN CAUSE FLAT OR DECLINING MARKET VALUES AND CAN AFFECT THE MARKETABILITY AND MARKETING TIMES OFHOMES WITHIN THE SUBJECT MARKET AREA

ADDITIONAL COMMENTS REGARDING SHORT SALE FORECLOSED HOMES AND MARKETABILITY ARE INCLUDED IN THE REPORT IN THE Neighborhood Description Comments on Sales Comparison AND THE Neighborhood Market Conditions SECTION OF THE REPORT

THE SUBJECT MARKET AREA HAS NUMEROUS FORECLOSED HOMES

COMMENTS ON SALES COMPARISON DOM DAYS ON MARKET LP LIST PRICE

THE ORIGINAL LIST DATE AND PRICE OF COMPARABLE WAS FOR THE ORIGINAL LIST DATE AND PRICE OF COMPARABLE WAS FOR THE ORIGINAL LIST DATE AND PRICE OF COMPARABLE WAS FOR

WHILE NOT REQUIRED THE APPRAISER HAS ATTEMPTED TO CONFORM TO FNMA GUIDELINES AS THEY ARE COMMONLY ACCEPTED WITHIN THE SUBJECT MARKET AREA

ROOM COUNT ADJUSTMENTS REFLECT BATH VARIANCE AT A RATE OF PER HALF BATH

DIFFERENCES IN GROSS LIVING AREA WERE ADJUSTED AT A RATE OF PER SQUARE FOOT

THE COMPARABLES SUBMITTED WERE THE BEST AVAILABLE THROUGH ML SERVICE PUBLIC RECORDS AND OTHER PRIVATE SOURCES OTHER SALES WERE CONSIDERED BUT NOT USED DUE TO THE EXTREME ADJUSTMENTS REQUIRED

THE FINAL ESTIMATE OF VALUE FALLS WITHIN THE ADJUSTED VALUE RANGE OF THE COMPARABLES PROVIDED

INDICATED MARKET VALUE IS MORE THAN DIFFERENT FROM THE PREDOMINANT VALUE NOTED ON PAGE OF THE REPORT THE SUBJECT IMPROVEMENTS AND MARKETABILITY ARE TYPICAL FOR THE AREA NO OVER OR UNDER IMPROVEMENT IS NOTED THE PREDOMINANT VALUE NOTED ON PAGE OF THE APPRAISAL REPORT IS THE MEDIAN NUMBER A VALUE WHICH DESCRIBES THE CENTER OR MIDDLE NUMBER IN A SET OF NUMBERS THIS NUMBER TAKES INTO CONSIDERATION ALL TYPES OF HOUSING STYLE DESIGN CONSTRUCTION AND ALL TYPES OFTRANSACTIONS FORECLOSURE NONARMS LENGTH ARMS LENGTH IT IS AN OVERVIEW OF THE ENTIRE MARKET AREA AND NOT MEANT TO REFLECT ONLY THE SUBJECT PROPERTY

DUE TO FEATURE SELLERS CONCESSIONS AND CONDITION ADJUSTMENTS IT IS OFTEN NECESSARY TO EXCEED FNMA NET LINE AND GROSS ADJUSTMENT GUIDELINES EXCEEDING THE GUIDELINES IS NOT CONSIDERED DETRIMENTAL TO THE FINAL ESTIMATE OF VALUE

THE LOW TO HIGH RANGE OF COMPARABLE ADJUSTED SALES PRICES IS GREATER THAN OF INDICATED VALUE BY THE SALES COMPARISON APPROACH DUE TO WIDE VARIANCES IN SALE PRICES DUE TO SHORT SALES BANK OWNED SALES AND THE LOCAL ECONOMIC CONDITIONS

Final Reconciliation EXPOSURE TIME ESTIMATED LENGTH OF TIME THAT A PROPERTY INTEREST BEING APPRAISED WOULD HAVE BEEN OFFERED ON THE MARKET PRIOR TO THE HYPOTHETICAL CONSUMMATION OF A SALE AT MARKET VALUE ON THE EFFECTIVE DATE OF THE APPRAISAL

EXPOSURE TIME IS A RETROSPECTIVE OPINION BASED ON AN ANALYSIS OF PAST EVENTS ASSUMING A COMPETITIVE AND OPEN MARKET

REASONABLE EXPOSURE TIME FOR COMPARABLE PROPERTIES IN THE VALUE RANGE OF THE SUBJECT HOME WOULD BE DAYS BASED ON THE MEDIAN DAYS ON MARKET FOR THE MONTHS NOTED IN THE MC ADDENDUM

Extra Comments LICENSE INFORMATION IN MICHIGAN APPRAISERS ARE REQUIRED TO BE LICENSEDCERTIFIED AND ARE REGULATED BY THE MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LARA POBOX LANSING MICHIGAN

Adderxlum Page d ADDENDUM

Client CITY OF SAINT CLAIR SHORES File No PrertVAddress EVERGREEN ST Case No SCS City SAINT CLAIR SHORES State MI Zip

THE APPRAISER OF THIS REPORT AS INDICATED IN THE SIGNATURE SECTION HAS NOT PROVIDED ANY PRIOR SERVICES FOR THE SUBJECT PROPERTY IN THE MONTHS PRIOR TO THE EFFECTIVE DATE OF THE REPORT

PdderWum Page of SCS File No

Scope of Work Assumptions and Limiting Conditions

in an Scope of work isdefined in the Uniform Standards ofProfessional Appraisal Practiceas the typeand extent ofresearch and analyses assignment InshorscopeofworkissimplywhattheappraiserdidanddidnotdoduringthecourseoftheassignmentItincludesbutisno limitedto the extentowhich the property is identified and inspected the type and extent of dataresearched the type and extenofanalyses applied to arrive at opinions orconclusions

to The scope of this appraisal and ensuing discussion in this report are specific tothe needs of the client other identified intended users and the identified intended useofthe report Thisreport was prepared for thesole and exclusive useofthe client and other identified intended users for he intended use and its use by any other parties is prohibited The appraiser is not responsiblefor unauthorized useof he report

as are The appraiserscertification appearing in this appraisal report is subject tothe following conditions and to such other specific conditions affected the setforth by the appraiserin the report All extraordinary assumptions and hypothetical conditions are stated in the report and might have assignment results

as the title which is The appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or title thereto nor doesthe appraiser render any opinion to assumed to be good and marketable The property is appraised as though under responsible ownership of the Any sketch in this report may show approximate dimensions and is included only to assist the reader in visualizing the property The appraiser has made no survey property have been The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question unless arrangements previously made thereto

Neither all nor any part of the content of this report copy aother mediathereof including conclusions as to the property value the identity of the appraiser professional designations shall it be or the firm with which the appraiser is wnneded shall beused for any purposes by anyone but the client and Wher imended users as identified in this report nor corneyed by anyone to the public through advertising public relations news sales or other media withoutthe written consent of the appraiser Professional Practice The appraiserwill no disdose the convents of this appraisal report unless required by applicable law or as specified in the Uniform Standards of Appraisal

believed be vue and coned fi Information estlmates and opinions iurnished to the appraises and contained in the report were obtained from sources considered reliable and to However no responsibility for accuracy of such items furnished to the appraiser is assumed by the appraiser

less valuable The assumes The appraiserassumes that there are no hidden or unapparent conditions of the property subsoil or sVUdures which would render it moreor appraiser na environmental of the and no responsibilky for suchconditions or for engineering or testlng which might berequired to discover such fadors This appraisal is an assessment property should not be considered as such

fl similar unless otherwise noted The The appraiser spedalizes in the valuation of real property and is not a home inspedor building comrador stnxtural engineer or expert appraiser and is for of did not condud the intensive type of field observations of the kind intended to seek and discover property defeds The viewing of the property any improvements puposes based on surface observations The developing an opinion of the defined value of the property given the intended use of this assignment Statements regarding condition are only infestation appraiser daims no special expertise regarding issues induding but not limited tofoundation settlement basement molslure problems wood destroying or other insects pest radon gas lead based paint mold or environmental issues Unless otherwise indicated mechanical systems were not activated ortested

The dien is invited and to qualified This appraisal report should not beused to disdose the condition of the property as it relates to the presenceabsenceof defeds encouraged employ experts to inspect and address areas of concern If negative conditions are discovered the opinion of value maybe affeded

Unless ohenvise noted he appraiser assumes the components that constitute the subject property improvementsare fundamental lysound and in working order

did not move Any viewingof the property by the appraiser was limited to readily observableareas Unless otherwise noted attics and crawl space areas were not accessed The appraiser lumiane floorcoverings orother itemsthat may restrict the viewing of the property

alteration or will Appraisals involving hypothetical conditions related o completion of new construction repairs or aReration are based on the assumption that such completion repairs be competently performed

or Unless the intended use of this appraisal spedfically indudes iswes of property insurance wverage this appraisal should not be used for such purposes Reproduction this is Replacement cost figures used in the cost approach are for valuation purposes only given the irnended use of the assignment The Definition of Value used in assignment unlikely to beconsistent with the definition of Insurable Value for properly insurance coverageuse

a Mae form The ACI General PurposeAppraisal Report GPAR is not intended for usein transactions that require Fannie Freddie Mac also known as the Uniform Residential Appraisal Report URAR

Additional Comments Related To Scope Of Work Assumptions and Limiting Conditions THIS IS A SUMMARY REPORT PREPARED UNDER STANDARDS RULE Bj PURSUANT TO THE SCOPE OF WORK AS DISCLOSED ELSEWHERE IN THIS REPORT SUPPORTING DOCUMENTATION THAT IS NOT PROVIDED WITHIN THE REPORT CONCERNING THE DATA REASONING AND ANALYSIS IS RETAINED IN THE APPRAISERSFILE WHERE APPROPRIATE

THE APPRAISER IS NOT A HOME INSPECTOR AND HAS ASSUMED THE ELECTRICAL MECHANICAL PLUMBING AND HVAC SYSTEMS ARE IN NORMAL OPERATING ORDER AT THE TIME OF INSPECTION

SCUTTLE ACCESS TO THE TYPICAL ATTIC IS LOCATED IN THE CLOSET CEILING OF A BEDROOM FOR ATTIC ACCESS THE CLOSET MUST BE EMPTIED AND A LADDER USED TO GAIN ENTRYTHE APPRAISER HAS NOT INSPECTED THE ATTIC WHERE ACCESSED BY A SCUTTLE OR WHERE APPLICABLE THE CRAWL SPACE OF THE SUBJECT HOME

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n tgwryxarxxaeiewxiregezr SCS File No

Appraisers Certification

The appraiserscertifies ha to the best ofthe appraisersknowledge and belief t The statements of fact contained in this report are weand coned

unbiased The reported analyses opinions and conclusions are limited only by the reported assumptions and limiting condionsand are the appraiserspersonal impartial and professional analyses opinions and condusions

Unless otherwise stated the appraiser has no present orprospective interest in the property thatis the wbject of his report and has no personal imerest with respect to the parties involved

The appraiser has no bias with respea rothe property that isthe subject of this report orto the parties involved with this assignment

The appraisersengagemem in this assignment was not conngem upon developing or reporting predetermined results

The appraiserscompensation for completing this assignment is not contlngent upon the development or reporting of a predetermined value or direction in value that favas the cause of the client the amount of the value opinion he attainmentof a stipulated result or the occurrence of a subsequent event directlyrelated to the intended use of this appraisal

The appraisersanalyses opinions and conclusions were developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice

Unless otherwise noted the appraiser has made a personal inspection of the property that is the sutyea of this report

Unless noted below no one provided significant real property appraisal assistance to the appraiser signing this ceNfication Signifcant real property appraisal assistance provided y NONE

Additional Certifications NONE

Definition of Value OX Market Value Other Value SourceotDefiniUOn USPAP ADVISORY OPINIONS EDITION PAGE A MARKET VALUE FOR THE PURPOSES OF THIS REPORT IS DEFINED AS THE MOST PROBABLE SALE PRICE WHICH A PROPERTY SHOULD BRING IN A COhPETITIVE AND OPEN MARKET UNDER ALL CONDITIONS REQUISITE TO P FAIR SALE THE BUYER AND THE SELLER EACH ACTING PRUDENTLY AND KNOWLEDGABLY AND ASSUMING THE PRICE IS NOT AFFECTED BY UNDUE STIMULUS IMPLICIT IN THIS DEFINITION IS THE CONSUMMATION OF A SALE AS OF A SPECIFIED DATE AND THE PASSING OF TITLE FROM SELLER TO BUYER UNDER CONDITIONS WHEREBY

BUYER AND SELLER ARE TYPICALLY MOTIVATED BOTH PARTIES ARE WELL INFORMED A REASONABLE TIME IS ALLOWED FOR EXPOSURE ON THE OPEN MARKET PAYMENT IS MADE IN TERMS OF CASH IN UNITED STATES DOLLARS OR IN TERMS OF FINANCIAL ARRANGEMENTS COMPARABLE THERETO AND THE PRICE REPRESENTS THE NORMAL CONSIDERATION FOR THE PROPERTY SOLD UNAFFECTED BY SPECIAL OR CREATIVE FINANCING OR SALES CONCESSIONS GRANTED BY ANYONE ASSOCIATED WITH THE SALE

ADDRESS OF THE PROPERTY APPRAISED EVERGREEN ST SAINT CLAIR SHORES MI EFFECTIVE DATE OF THE APPRAISAL JANUARY

APPRAISED VALUE OF THE SUBJECTPROPERTY S

APPRAISER SUPERVISORY APPRAISER

Signature Signature Name GARY L RGE RAISAL Name

State Certification a State Certification a

or License k or License ri

or Other describe State State State MI Expiration Date of Certificatlon orlicense Expiration Date oCerdfication or License Date or Signature Date of Signature and Report Date of PropertyViewing Date of Property Viewing Degree of property viewing Degree of property viewing Interior and Exterior Exterior Only Did not personally view QX Interior and Extedor EMeriw Only Did not personally view

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xr r Appraisal Report SUBJECT PROPERTY PHOTO ADDENDUM

Ilent CITY OF SAINT ClARSH Flle N roperty Address EVERGREEN ST Case Nu SCS ity SAINT CLAIR SHORES StaeMI Zip

FRONT VIEWOF SUBJECT PROPERTY

Appraised Date JANUARY Appraised Value

REARVIEW OF SUBJECT PROPERTY

STREET SCENE GE APPRAISAL SERVICE LLC Client CITY OF SAINT CLAIR SHC File N Property Addre EVERGREEN ST Case No SCS Cit SAINT CLAIR SHORES State MI Zi

ADDITIONAL FRONT VIEW ADDITIONAL STREET VIEW

ADDITIONAL REAR VIEW VIEW ACROSS STREET

VIEW AT THE REAR OF THE HOME ADDRESS

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IienL CITY OF SAINT CLAIR SHE File N property Address EVERGREEN ST Case No SCS ay SAINT CLAIR SHORES State MI Zip

LIVING ROOM KITCHEN

DEN BEDROOM

BATH LAVATORY

GHT Nod icing AOsowve wwwatixvbom COMPARABLE PROPERTY PNOTO ADDENDUM

Cllent CITY OF SAINT CLAIR SHC Flle NC Property Address EVERGREEN ST Case No SCS City SAINT GLAIR SHORES State MI Zip

COMPARABLE SALEl

FRANCIS ST SAINT GLAIR SHORES Sale Date CS Sale Price

COMPARABLE SALE

RAYMOND ST SAINT GLAIR SHORES Sale Date COS S Sale Price

COMPARABLE SALE

ST MARGARET ST SAINT GLAIR SHORES Sale Date Co S Sale Price COMPARABLE PROPERTY PHOTO ADDENDUM

Client CITY OF SAINT CLAIR SH File N Property AddressoEVERGREEN ST Case No SCS City SAINT CLAIR SHORES State MI Zip

z COMPARABLE SALE

LOVE ST SAINT CLAIR SHORES Sale Date Sale Price ssoo

h FLOORPLAN

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Comments

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Net LIVABLE Area rounded Items rounded

FRAZHO ST CLAIR SHORES MI PHONEFAX LOCATION MAP

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NET SELLING PRICE

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FHA OR VA COSTS

Termite Inspection Document Prep Closing Fee r Tax Service Fec Mortgage Discount Paints

TOTAL SELLING EXPENSE

Total Summer Tax s ProratedMohths IN tl fl n l annlPOii v I il ItCLIr Tax Prorations jl I i rl rt IIlil i Iti iEDQIIfll ll t Iii l llliIL k Si li lll j f TotaiVCiinterlaxs ProTatedMohths i ilIIIIIl II I IlilfiliEIIIIIIIfiII L L Ii I iIlll IIitilllmIt IIIId II Iilflt of Days per Day ul n I n I an es iii II jlml II Occu Char j rl III I It I i I I I P cY Ilf lL I IhI it r atlIliilI

APPRCIMATE CASH PROCEEDS TO iSEILER

The ore hove figures ppmximale nd rcto he used as guide only FinutSellerStalements ore pnpumd priotio closing THESErICDRES ARE ANESTIMATE ATID REALTY EXECUTIVES SELECT ISIN VWAYTO BE HELDRESPONIBISROAERROIIS ORCiNCE This rvill that seen signiry t hove the ppraximnte cosh pmceuds on the safe of my home propurty or husi ne

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Date Seller AGREEMENT OF SALE r Page of Town olur ADDRESS Mack Ave PHONE

CITY Grosse Pointe Woods STATE MI ZIP

The undersigned hereby offers and agrees to purchase the following land situated in the City City Township Village of st Clair shores Macomb County Michigan IegalEy described as follows

Couchez Farms sun n west ft of lot commonly known as Evergreen together with all fixtures improvements and appurtenances including all builtin equipment shelving cabinets afl lighting fixtures ceiling fans attached carpeting window treatments and hardware attached mirrors television antennas rotor controls satellite dish and accessories rental units excluded storm doors storm windows screens awnings garage door openersand transmitters water softener rental units excluded mailbox fireplace enclosure and screen gas fogs grate fuel in tanks central vacuum and attachments gas oil and mineral rights owned b Sellers if any now in or on the property and all applicances if applicable all window treatments if applicable

and to pay therefore the sum of One Hundred Thirteen Thousand Eioht Hundred Dollars subject to the existing building and use restrictions easements and zoning ordinances if any upon the following conditions

THIS SALE TO BE CONSUMMATED BY PARAGRAPH A B OR C CHECK X WHICH APPLIES

A CASH SALE Delivery of the usual Warranty Deed conveying a marketable title Payment of purchase money is to be made by cashiers check

X B CASH SALE WITH NEW MORTGAGE Delivery of the usual Warranty Deed conveying a marketable title Payment of the purchase money is to be made by cashiers check This Agreement is contingent upon the Purchaser being able to secure a fha mortgage in the amount of j CiU and pay LU

down plus mortgage costs prepaid items and adjustments in cash Purchaser agrees to apply for such mortgage at hislher own

expense within calendar days from Sellers acceptance of this Agreement Purchaser agrees to promptly comply with lenders request for information required to process the loan application

If a firm unconditional mortgage commitment cannot be obtained within calendar days from date of Sellers acceptance the Seller may upon written request of the Purchaser agree to extend the time limit to obtain a mortgage commitment or may declare this agreement null void and the deposit shall be returned to Purchaser In the event Purchaser is denied a mortgage commitment within the specified time frame Purchaser shall furnish Seiler with the lenders written verification of mortgage denial Upon Sellers receipt of such denial this agreement shall become null void and the deposit returned to Purchaser

APPLICATION TO FHA OR VA SALES ONLY See attached FHANAAddendum

C SALE ON LAND CONTRACT See attached Land Contract Sale Addendum The Seller shall deliver and the Purchaser shall accept possession of said property subject to the rights of present tenants if any If

the Seller occupies the property it steal be vacated on or before days after closing From the date of closing to the date of

vacating the property as agreed SELLER SHALL PAY the sum of per day THE BROKER SHALL RETAIN from the

amount due Seller at closing the sum of as security for said occupancy charge paying to the Purchaser the amount due and returning to the Seller the unused portion as determined by date property is vacated and keys surrendered to Broker Broker has no obligation implied or otherwise for seeing that the premises are vacated on the date specified or for the condition of the premises Broker is only acting as an escrow agent far holding of the occupancy deposit

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Purchasers Initials E Date Sellers Initial Date

C TCA AGREEMENT OF SALE Page of

Tv urrtyr Property Address Evergreen

The Broker is hereby authorized to present this offer The deposit of OneThausan Dollars in the form of a personal shall be held by CENTURY Town Country in accordance with the rules and PERSONAL CHECK MONEY ORDER OR CASHIERS CHECK regulations of the Michigan Department of Labor and Economic Growth Board of Real Estate Brokers and Salespersons and applied to the purchase price upon consummation of sale or w I be returned o Purchaser if offer is declined by Seller

BROKERS AC OWL GEMENT OF DEPOSIT Deposit a ived b ENTUR own Country

an I ATE SAL ASSOCIATE SIGNATURE

Upon acceptance of this agreement by the Seller and conveyance of title in the condition required herein the Seller and Purchaser

agree to consummate the sale on or before MONTH DAY YEAR AGENCY Purchaser and Seller hereby acknowledge that the selling brokersales associate are acting in the capacity of heck one only

Sellers Agent BuyersAgent Dual Agent

LEARN SED PAINT Seller represents and the Purchaser acknowledges that the housing on the above described property was constructed A After and is exempt Pyyurchasr Seller B On or before and MUST comply with the Residential LeadBased Hazard Reduction Act of urchaser Seller urchaser acknowledges that prior to signing this Agreement of Sale Purchaser has received and reviewed a copy of the LeadBased

Paint Sellers Disclosure Form completed by the Seller on the terms of which are incorporated herein by reference

CONDITIONAL OFFER If Purchaser is making this offer prior to reviewing a Leadbased Paint and Leadbased Paint Hazards Disclosure Form completed by Seller Purchaser shall not be obligated under this Agreement until Purchaser receives said Disclosure Form and provides written notice to Seller acknowledging receipt thereof

ADDITIONAL DOCUMENTS ATTACHED The following are attached hereto and are made a part hereof check alt which apply

Sellers Disclosure Statement Hour Contingency Agreement Swimming Pool Addendum

LeadBased Paint Sellers Disclosure Condominium Addendum Private Road Addendum

Addendum to Agreement of Safe Notice of Buyer Agency Addendum Regarding Vacant Land

Addendum to Sellers Disclosure Dual Agency Agreement Builder Addendum

Addendum for FIRPTA Land Contract Sale Addendum FHAVA Addendum

ADDITIONAL CONDITIONSif any to of St Clair Subject City Shores City Council apparval seller to finish all certificate of occupancy work required See Fha AddendumSee addendums Seller to grade and seed front and back lawn

INSPECTION OF PROPERTY SQUARE FOOTAGE Broker recommends Purchaser obtain an independent private inspection of the property at their expense if Purchaser does not notify selling broker in writing within seven calendar days from the date of acceptance of this Agreement by Seller that Purchaser is dissatisfied with the inspection this Agreement shalE be binding without regard to said inspection fPurchaser notifes selling broker in writing that in their sole judgment they are dissatisfied with the condition of the property within the above specified time the Purchaser or Seiler may give written notice that this Agreement is null and void and any deposit shall be refunded to Purchaser of upon receipt written notice Purchaser is aware that any reference to the square footage of the real property is approximate if sq re footage is a material matter to the Purchaser it must be verified to Purchasers satisfaction during the inspe o period

Purchaser Does Does Not desire to have a Property Inspection UR ASER INITIALS PURCHASERS INITIALS Purchasers Initials wbate Sellers Initials Date C TCB rWCFIFteFiiCRS

AGREEMENT QF SALE Page of

Ti Property Address Evergreen

AS IS CONDITIONBy the execution of this Agreement the Purchasers acknowledge THAT THEY HAVE EXAMINED THE ABOVE described property and are satisfied with the physical condition of structures thereon and purchase said property in an AS IS CONDITION subject only to the right of a property inspection It is further understood and agreed that CENTURY Town Country does not warrant the condition of the property nor assume any responsibility for the representations made by the Seller or any cooperating broker pertaining to the condition of the property No promises have been made other than those that are in writing and signed by all parties involved O VERBALyGREEMENTS WILL BE BINDING

PURCHASERS INITIALS

SELLERS DISCLOSURE Purchaser has received and acknowledged the Sellers Disclosure Statement required by Michigan law Purchaser has reviewed and accepts the condition of the property per the Sellers Disclosure Statement subject to any additional inspections or contingencies set forth in this Agreement

RELEASEPurchaser recognizes that the Seller has provided the Purchaser a required Sellers Disclosure Statement The Purchaser has been afforded the right to independent inspections of the property and the Purchaser affirms that the property is being purchased AS IS and hereby knowingly waives releases and relinquishes any and all claims or causes of action against CENTURY Town Country its officers directors employees and independent Sales Associates Purchaser and Seller recognize and agree that the Broker and Sales Associates involved in this transaction are not parties to this Agreement The Broker and Sales Associates specifically disclaim any responsibility for the condition of the property or for the performance of the Agreement by the parties CENTURY Town Country assumes no lability for performance of any inspectian or statements on sellers disclosure form PURCHASERS INITIALS GENERAL CONDITIONS

TITLE EVIDENCE AND SURVEYSeller agrees to furnish Purchaser a Commitment of Title Insurance prior to after closing and closing a Policy of Title Insurance without standard exceptions in the amount of the purchase price bearing date later the than acceptance hereof and guarantying the title in the condition required for perfomance of this Agreement Purchaser agrees to obtain and pay for a survey by a registered land surveyor If for any reason Purchaser does not obtain a survey the Policy of Title Insurance will be issued wi h standard exceptions and Purchaser agrees to hold Broker harmless Purchaser to use Title One Inc for Purchasers mortgage title policy and mortgage closing

TITLE OBJECTIONIfobjection to the title is made based upon a written opinion of Purchasers attorney that the title is not in the condition far required performance hereunder the Seller shall have calendar days from the date notified in writing of the particular defects either claimed to remedy the title or to obtain title insurance as required above or to refund deposit in full termination of this if to Agreement unable remedy the title or obtain title insurance if the Seller remedies the title or shall obtain such title insurance within the time specified the Purchaser agrees to complete the sale within calendar days of written notification thereof If the Seller is to unable remedy the title or obtain title insurance within the time specified the deposit shall be refunded forthwith in full termination of this agreement upon execution of a mutual release

FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT FIRPTAParties to this Agreement to be bound by FIRPTA requirements and must complete the FIRPTA Affidavit of Disclosure prior to acceptance of this Agreement of Sale

DEFAULT in the event of default by the Seller the Purchaser may elect to enforce the terms hereof or demand and be entitled to a refund of the entire in full termination deposit of this Agreement In the event of default by the Purchaser the Seller may elect to enforce the or terms hereof declare a forfeiture and be entitled to the deposit as liquidated damages

PRINCIPAL RESIDENCE EXEMPTION Purchaser and Seiler are aware that they must rescind their Principal Residence Exemption on their home present when applicable and file for the exemption on their new home Seller has not and will not rescind their exemption prior to When closing purchasing anonexempted or new construction home Purchaser must own occupy and file necessary forms with the local assessors office to prior May st in order to claim the exemption for the following year Purchaser understands that taxes without the Principal Residence Exemption are significantly higher Broker recommends Purchaser and Seller obtain specific information from the Assessor Municipalitys Purchaser and Seller assume al responsibility and liability for filing of affidavits as to Principal Residence Exemptions and agree to release and hold Broker harmless from all such liability

l Purchasers nitials ate Sellers Date

Jnitials GTCOSC r AGREEMENT OF SALE Page of

A r u Property Address Evergreen

PROPERTY TAXES WATER ASSESSMENTS All taxes which are due and payable on or before date of closing shall be paid by Seller Special Assessments for public improvements which have been confirmed by public authority prior to the date of closing shat be paid by Seller Current taxes if any shall be prorated and adjusted as of the date of closing in accordance with the due date basis of the municipality taxing unit in which the property is located Interest and rents shall be prorated and adjusted as of the date of closing Purchaser acknowledges that future taxes could be significantly higher in accordance with Proposal A Seller agrees to pay for all sewer and water usage to date of closing Listing Broker shat retain from the amount due Setter at closing a minimum of for water charges When the final water bill or reading is received the unused portion shall be returned to the Seller Any assessments recorded or not recorded Condominium and Home Owners Association etc which have been confirmed by the proper authority prior to closing shall be paid by Seller at closing

FLOOD INSURANGE Purchaser agrees to obtain a policy of flood insurance if required by the mortgage lender

BINDING EFFEGT This Agreement binds and inures to the benefit of the personal representatives administrators successors and assigns of the parties This Agreement embodies and constitutes the entire understanding between the Seller and Buyer with respect to the purchase of the property described herein and all prior agreements understandings representations statements oral or written are merged into this Agreement

LOCATION OF THE CLOSING The closing of this sale shall take place at the office of the Listing Broker Title Company or Lending Institution

MAINTENANCE OF THE PROPERTY UNTIL POSSESSION BY PURCHASER Until possession is delivered Seller agrees to keep the property in substantially the same condition as of the date of this Agreement and agrees to maintain heating sewer well septic plumbing electrical systems and any appliances and equipment in normal working order to keep the roof and basement watertight and maintain the grounds Seller further agrees to keep all utility services electric gas and water operating until date of possession In the event the property herein has been winterized it shall be the obligation and expense of Seller to dewinterize the property prior to closing Seller agrees to leave the premises broomclean and free of debris

PURCHASERS RIGHT TO VIEW Purchaser reserves the right to a walk through of the property within hours prior to closing

REPRESENTATIONS OF SELLER Seller represents that the foundation foundation walls and basement are watertight and free of any leakage or seepage as of the date of this Agreement or as disclosed Seller further represents that the property is not in violation of any building andor zoning restrictions andor requirements or in violation of any law or ordinance or as disclosed

HOME PROTECTION PLAN Purchaser and Seller are hereby notified of the benefits of having the premises covered by a Home Protection Plan The plan may be purchased mutually by both parties or separately by either party

AND WELL SEPTIC SYSTEM INSPECTION If the property is serviced by a well andor septic system Seller shall comply with all requirements of the local governmental agency concerning the sale or transfer of real estate Seller shall provide at Sellers expense and deliver to Purchaser prior to closing any required governmental agency inspection report In the event there are no local governmental agency requirements Seller shall provide at Sellers expense and deliver to Purchaser prior to closing a weIand septic inspection report by the County Health Department or other qualified inspector Seller represents that the well water is potable and the well and septic system if any are in good working order or as disclosed

TERMITE PEST ENVIRONMENTAL INSPECTIONS Broker recommends Purchaser obtain an independent inspection to determine the presence of wood destroying insects andor infestation radon mold or any other environmental concerns

CITY CERTIFICATION If the municipality where property is located requires an inspection prior to a sale Seller will pay for necessary inspections and required repairs if any to obtain written approval of municipality

TRANSACTION MANAGEMENT FEE Purchaser agrees to pay CENTURY Town Country at the closing for retaining all to records pertaining the sale of the property far a period of seven years as is required by applicable federal and state laws and regulations

COUNTER OFFER In the event Seller makes any written change in any of the terms and conditions of the offer presented by Purchaser such changed terms and conditions shat constitute acounteroffer by the Seller to Purchaser which shall remain valid until

DATE at TIME and shall require acceptance by the Purchaser by initialing of each such change before such date and time

LEGAL COUNSEL BROKER REC MENDS ALL PARTIES RETAIN AN ATTORNEY TO PROTECT THEIR INTERESTS THA Purchasers Initials j ellers Initials Date l C TCD AGREEMENT OF SALE Page of

tPAF a Property Address Evergreen

Purchaser and Seller acknowledge that they have read this Agreement in its entirety

PURCHASERS SIGNATURE AND ACKNOWLEDGMENT OF RECEIPT Purchaser adcnawledges the receipt of a copy of this document

WITLESS PURCHASER homas Meir oiz DATE PURCHASER Dawn Meirow

SELLERS ACCEPTANCE OF AGREEMENT OF SALEThe undersigned Setler accepts t offer and acknowledges receipt of a co y of this Agreement of Sale Seller further agrees that CENTURY Tawn Country ands GtzGt as authorized Brokers hashave procured said Agreement and haslhave brought about this sale andhdsects that no further offers be presented after acceptance of this Agreement of Sale Seller further agrees to pay Brokersfor services rendered a commission as set fo n the Listing agreement for the sale of the property If sale is not consummated for any reason not attributable tc Brokersand dep sit is forfeited Brokersmay retain onehalf thereof not to exceed the full commission in full payment for services rendered

wE

SELLE

DATE SELLER

PURCHASERS ACKNOWLEDGMENT OF RECEIPT The undersigned Purchaser hereby acknowledges the receipt of the Sellers signed acceptance

DATE PURCHASER

MICHIGANS CENTURY FIRM C TCE DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS Page of

Before you disclose confidential information to a real estate licensee regarding a real estate transaction you should understand what type of agency relationship you have with that licensee A real estate transaction is atransaction involving the sale or lease of any legal or equitable interest in real estate consisting of not less than or not more than residential dwelling units or consisting of a building site far a residential unit on either a ot as defined in section of the land division act PA MCL ar a condominium unit as defined in section of the condominium act PA MCL

An agent providing services under any service provision agreement owes at a minimum the following duties to the client

a The exercise of reasonable care and skill in representing the Client and carrying out theresponsibilities of the agency relationship

b The performance of the terms of theservice provision agreement

c Loyalty to the interest of the client

d Compliance with the laws rules and regulations of this state and any applicable federal statutes or regulations

e Referral of the client to other licenced professionals for expert advice related io material matters that are not within the expertise of the licenced agent tAn accounting in a timely manner of all money and property received by the agent in which theclient has or may have an interest

g ConfidentialAy of all lnformafion obtained within the course of the agency relationship unless disclosed with the clients permission or as provided by law including the duty notto disclose cottfidential information to any licensee who is not an agent of the client

A real estate broker or real estate salesperson acting pursuant to a service provision agreement shall provide the following services to his or her client a When the real estate broker or real estate salesperson is representing a seAer or lessor the marketing of the clientsproperty in the manner agreed upon in theservice provision agreement

b Acceptance of delivery and presentation of offers and counteroffers to buy sell or lease the clientsproperty or the property the client seeks to purchase or lease

c Assistance in developing communicating negotiating and presenting offers counteroffers and related documents or notices until a purchase or lease agreement is executed by all parties and all contingencles are satisedor waived

dAfter execution of a purdlase agreement by all parties assistance as necessary to complete the transaction under the terms spedfied inthe purchase agreement

For a or assodate e broker broker who is involved at the dosing of a real estate or business transaction furnishing or causing to be frunished to the buyer and seller a complete and detailed closing statement signed by the broker or assodate broker showing each party all receipts and disbursements affecting that patsy

Michigan law requires real estate licensees who are acting as agents of sellers or buyers of real property to

advise the potential sellers or buyers with whom they work of the nature of their agency relationship

SELLERSAGENTS A sellers agent under a listing agreement with the seller acts solely on behalf of the seller A seller can authorize a sellers agent to work with subagents buyers agents andor transaction coordinators A subagent of the seller is one who has agreed to work with the fisting agent and who like the listing agent acts solely on behalf of the seller Sellers agents and their subagents will disclose to the seller known information

about the buyer which may be used to the benefit of the seller

Individual services may be waived by the seller through an execution of a limited service agreement Only those services set forth in paragraph bcand d above may be waived by the execution of a limited service agreement

Initials Page of y

C TC DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS Page of

BUYERSAGENTS A buyers agent under a buyers agency agreement with the buyer acts solely on behalf of the buyer A subagent of the buyer is one who has agreed to work with the buyersagent and who like the buyers agent acts solely on behalf of the buyer Buyers agents and their subagents will disclose to the buyer known information about the seller which may be used to benefit the buyer

Individual services may be waived by the buyer through an execution of a limited service agreement Only those services set forth in paragraph bc and d above may be waived by the execution of a limited service agreement

DUAL AGENTS

Areal estate licensee can be the agent of both the seller and the buyer in a transaction but only with the knowledge and informed consent in writing of both the seller and the buyer

In such a dual agency situation the licensee will not be able to disclose all known information to either the seller or the buyer As a dual the licensee be agent will not able to provide the full range of fiduciary duties to the seller or the buyer

The obligations of a dual agent are subject to any specific provisions set forth in any agreement between the dual agent the seller and the buyer

TRANSACTION COORDINATOR A transaction coordinatar is a licensee who is not acting as an agent of either the seller or the buyer yet is providing services to complete a real estate transaction The transaction coordinator is not an agent for either party and therefore owes no fiduciary duty to either party

DESIGNATED AGENCY

A or seller with a buyer designated agency agreement is represented only by agenks specifically named in the agreement Any of the firm not named in the do agents agreement not represent the buyer or seller The named designated agent acts behalf of or solely on his her client and may only share confidential informafion about the client with the agentssupervisory broker who is also named in the Other agreement agents in the firm have no duties to the buyer or seller and may act solely on behalf of another party in the transaction

LICENSEE DISCLOSURE Check One I hereby disclose that the agency status of the licensee named below is

Sellers agent Sellers agent limited service agreement

Q Buyersagent Buyersagent limited service agreement

Dual agent Transaction coordinator

None of the above

Initials Page of

C TC DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS Page of

AFFILIATED LICENSEE DISCLOSURECheck One Check here if acting as a designated agent Only the licensees broker and a named supervisory broker have the same agency relationship as the licensee named below If the other party in a transaction is represented by an affiliated licensee then the licensees broker and all named supervisory brokers shall be considered disGosed consensual dual agents

Check here if not acting as a designated agent All affiliated licensees have the same agency relationship s the licen ee named below

Further this form a provid d to t of re di c sure of confidential information dr

Licensee Date

ACKNOWLEDGEMENT By signing below the parties confine that they have received and read the information in this agency disclosure statement and that this form was provided to them before the disclosure of any confidential information TFfIS IS NOT A CONTRACT

Potential Buyer Seller check one Date I

Potential Buyer Seller check one Date

Page of

DISCLAIMERThis form is provided as a service of the Michigan Association of REALTORSR Please review both the form and details of the particular transaction to ensure that this form is appropriate for the transaction The Michigan Association of REALTORS is not responsible for the use or misuse of the form for misrepresentation or for warrantees made in connection with the form

C TC FHANA ADDENDUM Trirn Dar

This addendum is part of and incorporated into an Agreement of Sale dated

For the property located at Evergreen Michigan

FHANA Amendatory Clause Regarding Appraised Value be tt is expressly agreed that notwithstanding any other provisions of this contract the Purchaser shall not obligated to complete the purchase of the property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the Purchaser has been given in accordance with HUDFHA or VA requirements a written statement issued by the Federal Housing Commissioner Veterans Administration ar a Direct Endorsement Lender setting forth the appraised value of the property of not less than The Purchaser shall have the privilege and option of proceeding with the consumation of the contract without regard to the amount of the appraised valuation The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure HUD does not warrant the value nor the condition of the property The Purchaser should satisfy himselfherself that the price and condition of the property are acceptable

Required FHANA Financing Expenses Seller acknowledges that there are certain financing expenses that cannot be charged to the purchaser under FHANA guidelines These expenses must be paid by the seller Approximate costs total for FHA financing and for VA financing but can vary between lenders

Seller agrees to pay for these financing expenses

Sellers Optional Contributions

Seller agrees to pay up to towards purchasers closing costs prepaid expenses andlor discount points This amount is in addition to the amoun stipulated in paragraph

FHANA Completion and Payment for Repairs Seller shall complete and pay not more than for repairs improvements and reinspection fees required by the FHA or VA in order to complete this transaction If said repair costs exceed Sellerscontribution Purchaser may contribute the excess In the event Purchaser declines to pay for such excess then Sellers at their option may declare this transaction null and void with the deposit returned to the Purchaser upon the execution of a release mutual nroTlcl All repairs andorimprovements must be completed in a workmanlike manner prior to the transaction closing However in the event certain repairs cannot be completed due to weather or other unforseen conditions an escrow for repairs will be created in

compliance with FNA or VA requirements Two estimates for the work willbe required and an escrow account at J J fines the highest estimate wilt be established to assure completion of the work

It is understood between Purchaser and Seller that any additional personal property listed has no value

REAL ESTATE CERTIFICATIONThe Seller the Purchaser and the Broker hereby certify that the terms of the Agreement of Sale are true to the best of their knowledge and belief and it is agreed that any other agreement e ed into by any of the parties is fully disclosed and attached to the Agreement of Sale

urchaser Tho s Meirow ate SeIE r Date

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klriAclarslVbrtgsge Qrryes ObOIItCdWd you a mottgGti LS ooaditloaed upon your aatiafping various preoomditioms iaedfug wlthatt imBatian thoee set feeth shove as Weil as other conditions vahioh arewetomary in a reaideatisl asortgage bra eLoeisgIfyou havo say questieaas fedtree Zo aaatad ant affix

tryYYs I OHNt MORTGAGE Frank I Houttekier Bmch Mmager La OCL PfAPPNQTPti i Haeow oScse f CietanTawmigAai Pze CeU A FImaL fiaalcatiiotwdmaaoeegaecaa wv City Council Meeting February AGENDA ITEM Recommendations from the Communications Commission for Modifications to the City of St Clair Shores Facebook Page Terms of Use Statement

BACKGROUND On February th the City of St Clair Shores launched our Facebook page with the goal of building a stronger connection to the citizens we represent It was the first interactive Facebook page in Macomb County Now two years and over Friends later it has morphed into a vehicle that not only informs our citizens of events and activities of interest but also acts as an extension of our ombudsman efforts In order to provide and maintain an environment that is professional open for citizens to share viewpoints and engage in dialogue with one another on matters of public interest and above all respectful of the rights and opinions of all users the City created a Terms of Use statement Per the policy of the Communications Commission and with the approval of City Attorney Robert Ihrie the content of our Facebook Terms of Usen is reviewed on a yearly basis The attached documents summarize our recommended modifications to our current published Terms of Use statement

ENCLOSURES Current City of St Clair Shores Facebook Terms of Use Statement with proposed corrections Proposed City of St Clair Shores Facebook Terms of Use Statement

PROPOSED ACTION ApproveDeny the Recommendations from the Communications Commission for Modifications to the City of St Clair Shores Teens of Use Statement

Prepared by Mary Jane DHerde Communications Director Date February

moved seconded

VOTE AYE ABSTAIN

NO ABSENT Current City of St Clair Shores Facebook Terms of Use Statement Proposed corrections in small caps and bold City of St Clair Shores Facebook Page Terms of Use Please read before posting by City of St Clair Shores on Wednesday FEBRUARY

We welcome you and your comments to the City of St Clair Shores Facebook Page PURPOSE OF THE CITY OF ST CLAIR SHORES FACEBOOK PAGE To provide local citizens with information about government programs services and events To provide a UNITED PUBLIC FORUM for local citizens to share viewpoints and engage in dialogue with one another on matters of public interest WITHIN THE GuDEUNES sPECIFIED BELOW

CRITERIA FOR POSTING INFORMATION ON THE CITY OF ST CLAIR SHORES FACEBOOK PAGE Fans of the City of St Clair Shores are encouraged to post information pictures or videos about issues and events affecting the Citys residents We encourage discussion and varying viewpoints However the City of St Clair Shores reserves the right at our sole discretion to block users or remove comments pictures ar videos from posters who violate the Terms of Use In accordance with the City of St Clair Shares communications policies the City of St Clair Shares Facebook page will not allow the pOSting OF COMMENTS INFORMATION images prOmotlOnS Or adVertisementS THAT ARE ANY Of the following

THE ENCOURAGEMENT OF ILLEGAL ACTIVITY OF ANY NATURE Nudity or pornography PROFANITY

HATE LANGUAGE Adult entertainment

f THE ENCOURAGEMENT OF hOStillty Or ViOlenCe

Selaf Obscene indecent or sExuALLY explicit messages including those with sexual overtone or innuendo False misleading or deceptive sponsorships or advertisements Language or information that is obscene foul vulgar or abusive inawad LIBELOUS HARASSING OR ABUSIVE STATEMENTS THIRDPARTY POSTING OF NONPUBLIC PERSONAL INFORMATION WITHOUT THE PERSONS PERMISSION OR KNOWLEDGE INCLUDING HOMES ADDRESSES TELEPHONE NUMBERS ANDOR SOCIAL SECURITY NUMBERS

BY USING OUR FAGE YOU RITIRESENT ANC AGREE THAT o a read t aeree to ae b too orortionecl coraitian oaeY tcer of Na FSPaNSts and actial to rt The rxaerials c postIroot vicalae t riph aeice emsAli EF ttti o ief ard of haresz fit of Lt midair Shore from aid it iriIt fCii haiiIIEPRE C AtY C flfFE EH OF E

case racy the oorxpresse o td o riot rfdctthe oairiorsarct prsitio of ttte pity tat dai Sdcares its aor City caroid iiristratio car epdcayees City of St Clair Shores Facebook Page Terms of Use Please read before posting by City of St Clair Shores on Wednesday February revised from February

We welcome you and your comments to the City of St Clair Shores Facebook Page

PURPOSE OF THE CITY OF ST CLAIR SHORES FACEBOOK PAGE To provide local citizens with information about government programs services and events To provide a limited public forum for local citizens to share viewpoints and engage in dialogue with one another on matters of public interest within the guidelines specified below

CRITERIA FOR POSTING INFORMATION ON THE CITY OF ST CLAIR SHORES FACEBOOK PAGE Fans of the City of St Clair Shares are encouraged to post information pictures or videos about issues and events affecting the Ciiys residents We encourage discussion and varying viewpoints However the City of St Clair Shores reserves the right at our sole discretion to block users or remove comments pictures or videos from posters who violate the Terms of Use n accordance with the City of St Clair Shores communications policies the City of St Clair Shores Facebook page will not allow the posting of comments information images promotions or advertisements that are any of the following

The encouragement of illegal activity of any nature Nudity or pornography Profanity Hate language Adult entertainment The encouragement of hostility or violence Obscene indecent or sexually explicit messages including those with sexual overtone or innuendo False misleading or deceptive sponsorshipsadvertisements Language or information that is obscene foul vulgar or abusive Personal attacksthreats against any person or group Libelous harassing or abusive statements Thirdparty posting of nonpublic personal information without the persons permission or knowledge including home addresses telephone numbers andor social security numbers

Y V i V OUt A AF OSt i t f VT tid k iCmT TBT o haeread and ee tc abide by the aforeenticn condtions arc the oer ct and respansible for any material you Post the atrial o aost ili nctioiate the riph of ether eope or entities Yc will incernif and hold harmless the amity of fit iarhcres fr and apainst aMr Iabiliteariin troy the breach cf and of these c se Pgleyase ard csitior f i kYngotretatSlI CAfthane sYcootryeexreedonASGSs iiiVtC JpqrysitejdoppyotgereglecytthqLt sily YiIIi SkTIrGiVk f lEIVoppirpiytrgsGu

Revised and approved by Communications Commission and City Attorney Robert Ihrie on December Council Meeting February

AGENDA ITEM Q Natural Gas Bids

BACKGROUND On January we received bids for a natural gas supplier for years starting April and ending March using the gas choice program from the State of Michigan Under this program we purchase natural gas through consumersenergy from a supplier of our choosing Consumersenergy bills us at the agreed on rate plus transportation and billing charges We have been purchasing natural gas under this gas choice program for a number of years through the MMRMA The MMRMA has been bidding out the gas for members We decided to test the water and bid out by ourselves this year Natural gas is a commodity and the price changes hourly When we finally settle on a supplier the price will be locked on February For comparison results have included the cost of natural gas on January the day bids were opened on the attached tabulation The recommended vendor IGS Energy has been our supplier through the MMRMA program for at least years If prices hold steady until we can lock the fixed rate and based on our historical volume we will save approximately over what we paid last year

RECOMMENDED ACTION Award the natural gas contract to IGS Energy for two years starting April and ending March The rate to be set by the NYMEX month strip at close on February plus a markup of per MCF

SUBMITTED BY Timothy P Haney Director of Finance Treasurer

MOTION BY SUPPORTED BY

VOTE AYES

NAYES

ABSTAIN

ABSENT City of St Clair Shores Natural Gas Bids January

NYMEX Month Strip at Total Per Vendor am Markup MCF

IGS Energy Dillon Energy Centerpoint Energy

Non qualifying bid Volunteer Energy

Other information MMRMA Quote

Current Rate

Imputed bid month variable rate with Max cap of Does not meet bid specs Council Meeting

February

Item c Award bid for the Request for Proposal RFP for Food Beverage Concessions in Parks Bid opened

Background A format Request for Proposals RFP was soliated on January for the operation of the concession stands at Kyte Monroe Veterans Memorial Paris and Lac Saint Claire Pool and Harbor The batting cages located at Kyte Monroe were also part ofthe solicitation On February proposals were due in the office of the City Clerk by am Home Plate Sports Center Inc was the only company that submitted a proposal The RFP notice was advertised in the Macomb Daily and Sentinel and posted on the Michigan Inter Govemmental Trade Network MITN companies were notfied via MITN and of these companies accessed the RFP information

On February a mandatary prebid meeting was held for all interested vendors The purpose of this meeting was to allow vendors an opportunity to tour the facilities and have questions answered Sales figures from the last years were handed out We had vendors attend this meeting Tom Mehl and I concluded the meeting and tours We spent two hours touring the faalities and answering questions Mike was also present at the meeting The vendors in attendance were

Airport Services Group Detroit Dockside Cafe St Clair Shores Home Plate Sports Center Clinton Township Kosch Hospitality Rochester SJCatering Eastpointe

Proposed Resolution ApproveDeny request to award Home Plate Sports Center Inc a contract to operate the batting cages at Kyte Monroe and food and beverage concessions at Kyte Monroe Veterans Memorial Park and Lac Saint Claire Pool Harbor for a period of three years

Motion by Supported by

Vote Ayes Nays

Abstain Absent Memo

To Ben Hughes City Manger

From Tim Domer Goff Course Superintendent

CC Mike Smith Greg Esler Tom Mehl

Date Febnaary

Re SUMMARY OF PARKS CONCESSION RFP

A formal Request for Proposals RFP was soliated on January for the operation of the concession stands at Kyte Monroe Veterans Memorial Park and Lac Saint Claire Pool and Harbor The batting cages located at Kyte Monroe were also part of the solicitation interested vendors had the opportunity to submit a proposaF for one or aIF three of the locations

The RFP notice was advertised in the Macomb Oaily and Sentinel and posted on the Michigan InterGovernmental Trade Neiworic MITN companies were notified via MITN and of these companies accessed the RFP information

On February a mandatory prebid meeting was held for all interested vendors The purpose of this meeting was to allow vendors an opportunity to tour the facilities and have questions answered Sales figures from the last years were handed out We had vendors attend this meeting Tom Mehi and t conducted the meeting and tours We spent two hours touring the facilities and answering questions Mike Smith was also present at the meeting The vendors in attendance were

Airport Services Group Detroit Dockside Cafe St Clair Shoves Home Plate Sports Center Clinton Township Kosch HospdaltyRochester SJ Catering Eastpointe

On February proposals were due in the office of the City Clerk by am Home Plate Sports Center was the only company that submitted a proposal Home Plate proposes to provide the City of gross sales from concessions and of gross revenue from the batting cages In addition they propose to remove the carpeting in the building and replace it with tile They will also paint the interior

As you are aware in the previous contract with Home Plate the City received of gross sales from concessions and of the batting cages or a flat fee of whichever was greater In their new proposal they stated that Due to a down turn in the economy increase in the cost of goods and lair and denelopment ofother hafting cage facilities in the area Home Plate must decrease the compensation paid to the City ofSt Clair Shores

the Per your direction met with Bob brie to draft a contract for Home Pate to operate concessions and batting cages based on the new proposal The proposed contractwill be for years Mr Ihrie assured me that he vrill have a contract ready in time for Councils review at the Febnaary meeting

If you need any other informatnregarding the proposal or the process please let me know

Page BID for Food and Beverage Concessions in Parks

Date February am

As read at bid opening FAX I

Home Plate Inc Sports Center dlba Home Plate Sport Center submits the following Request for for the Proposal City ofSt Clair Shores Food and Beverages Concession in Parks

name Legal of organization firm or individual submitting the proposal Include address of place of principal business phone numbers and primary contact person

ANSWER Home Plate Sports Center Inc dbaHome Plate Sports Center Harper St Clair Shores MI

Danny Clarke S Home Plate Sports Center

Business how experience Iong has the organization been in business description ofbusiness and number of employees

ANSWER years experience as an Approved Vendor for the City of St Clair Shores providuag concessionaire arzd licensee Batting Cages services The number of employees varies from

Concession proposal must address the following What a parksare you submitting proposal for PIease an b include example ofmenus and service you wish to provide Please c include a proposed price list for menu iems d Please describe your food safety procedures What e type if any improvements or changes will be needed

ANSWER A a parks for Concessions and Batting Cages at Kyte Monroe bc Menu Pizza Hotdogs Sausage SS Nacho Cheese French Fines Cheese Sticks Popcorn Hot Pretzels SnowCones Chips Candy Ice Cream Fountain Pop Energy Drinks Bottled Water i ToTrnrents Can pop hamburger with BBQ Italian sausage hotdogs candy chips popcorn FAl

at all d Displayed stands and in conformity with local health regulations

e with at Replace carpeting file batting cages repaint

Please provide client references which you currently provide ofhave service to provided

ANSWER Atec Batting Equipment ABC Batting Cages Gordon Food Services Sams Ciub Can be submitted upon request

Please provide financial or business references These can include financial insurance institutions suppliers companies etc These should not be the same as the client references requested above

ANSWER St Clair Shores has been Home Platesonly client for the past years

Please an provide explanation how you intend to document and report revenues and expenditures to the Ciiy

ANSWER Home Plate intends to document and report revenues as it has in the past providing monthly reports to the City of St Clair Shores Home Plate will also provide the City with reasonable opportunites to inpect its hocks and records

The is City anticipating receiving revenue oz payment in the form of rent or a percentage ofgross sales in concession any agreement Please include in your proposal how you intend to compensate the to meet this Ciiy requirement In the past the City has received a of sales of a flat percentage gross fee whichever was greater

ANSWER Inthe Home Plate past compensated St Clair Shores with of gross sales from all parks In addition Home Plate compensated the City for servicing the batting cages Due to the down turn in the economy increase in cost ofgoods and labor and development of other batting cage facilities in the area Home Plate must decrease the

compensation paid to St Clair Shores a Plate will enter into a year contract with Clair Shores St pro ding he City IS of gross sales from Concessions and of gross s es from the battiigcages

HOME

By Christopher la Its Authorized Dated Agent February

Ben Hughes City Manager City of St Clair Shores bJefferson Circle Drive St Clair Shores MI

Re Batting CageFood Concession Agreement

Dear Ben

Please find attached the proposed batting cage and food concession agreement Historically we have had two separate contracts This combines both the batting cages and the food concessions into one contract As you are aware Home Plate Sports Center Inc was the only bidder Their bid has reduced the percentage for which they are willing to pay the City ofSt Clair Shores They went from to on the food concessions and from to on the batting cages

I have submitted a copy ofthis proposed agreement to Greg Esler and Tim Dorner I have also submitted a proposed copy to Mr Baratta attorney for Home Plate Please contact me with your comments As you are aware the Mayor has requested that this be on the next City Council Agenda February Any changes that need to be made to the contract should be forwarded to my office as soon as possible

Thank you for your assistance

Yours very truly

IHR OBRIEN

Robert D Ihrie City Attorney City Attorney RDUIed

Enclosure CONTRACT AND CONCESSIONAIRE LICENSE AGREEMENT

THIS AGREEMENT is made this day of by and between the Department of Parks and Recreation of St Clair Shores Michigan ACity@ and Homeplate Sports Center Inc dfbfa Homeplate Sports Center AConcessionaire@ as follows

WHEREAS it is in the public interest to provide refreshments and food to the public in related certain parks ofthe City of St Clair Shores as well as to provide certain convenience items to the parks usage by members ofthe public and

WHEREAS it is in the public interest to provide wholesome recreational activity to the public and certain parks ofthe City of St Clair Shores and

WHEREAS the Licensee and the City have enjoyed a mutually beneficial relationship whereby Licensee has constructed maintained and operated batting cages and certain parks of the City ofSt Clair Shores and

WHEREAS the City is interested in providing concessionaire and recreational activities as set forth below

NOW THEREFORE

This Contract and Concessionaire License Agreement shall be divided into two sections The first section will control the batting cages at Kyte Monroe Park and the second section shall control the food and refreshment concessions at Kyte Monroe Park Veterans Memorial Park and Lac St Clair Park

I BATTING CAGES AT KYTE MONROE PARK

This Contract is made this day of by and between the Department ofParks and Recreation ADepartment@ St Clair Shores Michigan ACity@ and Home Plate Sports Card Inc dfbaHome Plate Sports Center ALicensee@ upon the terms and conditions set forth in this document The Licensee represents that it has examined the applicable premises proposed for the operation of the licensed activities in the Citys parks as indicated herein The Licensee further agrees to conduct such licensed activities in full compliance with the conditions enumerated in any attached specifications and schedules

LICENSED ACTIVITIES AND REQUIRED EQUIPMENT The Licensee shall engage in the following activities in the parks specified herein the construction equipping maintenance renovation and operation of baseballsoftball batting cages batting range and pitching machines The Licensee shall at his own cast and expense furnish and maintain in good useable condition a sufficient amount of equipment including but not limited to pitching machines batting cages cash registers and such other equipment as may be necessary to property furnish the licensed activities to the satisfaction of the Director of the Department of Parks and Recreation iDirector@ All equipment shall be new Licensee shall be permitted to utilize the existing equipment presently on the property Licensee shall be responsible for repair and maintenance of said equipment including but not limited to the replacement of worn out andor unusable equipment which shall become and be the property ofthe City ofSt Clair Shores

The pitching machines shall be able to accommodate two hundred fifty baseballs and an appropriate number of softballs within the same hopper The system shall be selffeeding Further all machines must be heavyduty variable speed and powered with no less than one and onefourth horsepower motors with sealed bearings They must be able to operate with one hundred tenone hundred twenty AC power Individual solidstate control panels shall be provided which regulate pitching speed The machines must be adjustable to allow for vertical and horizontal direction change ofpitch

Such equipment materials and supplies to service the machines cages and range are to be ofthe highest quality Netting is to be mildew resistant and ofheavyduty material preferably three quarter inches knotless nylon cord

The batting cages shall be selfenclosed with selfsupporting two inch ODheavy duty steel and frame sections which shall include sockets and anchors for secure outdoor installation Guy cables support cables and takeup devises shall be included Indoor adaptation is also preferred and shall be provided except as permitted by the

PREMISES SUBJECT TO LICENSE The Licensee shall have the right to conduct the licensed activities in Kyte Monroe Park within the areas and facilities designated and preapproved by the Director

DISPOSAL OF GARBAGE AND REFUSECLEANLINESS The Licensee shall furnish all labor services material supplies and equipment necessary to maintain and keep clean all premises used and occupied by the Licensee in operation ofthe licensed activities together with the area immediately surrounding same as affected by said operations This shall include all areas adjacent to such premises which are within a distance of one hundred radial feet The cutting ofall grass within the service area and such other areas is the responsibility ofthe Licensee

to The Licensee shall not permit garbage and any other refuse to accumulate or gather in or about any of the buildings or structures or areas occupied by the Licensee except in suitable garbage receptacles The Citys contractor will be responsible for removal of rubbish trash and garbage provided that it is contained at the point of the site pickup location and provided that the Licensee complies with all regulations pertaining thereto

UTILITIES The Licensee shall be responsible for the payment of all costs associated with electrical service and water which may be required for conducting the licensed activities The Licensee shall install or furnish such utilities in approved locations where these utilities do not now exist Any residual equipment required shall be maintained at the expense ofthe Licensee and only after securing prior written approval ofthe Director The City shall not furnish telephone service in any location except where public phones are installed as regular accommodation for park patrons However the Licensee shall obtain and maintain telephone service at all buildings or facilities and shall provide phone numbers to the Director

EMPLOYEES The Licensee shall at his own cost and expense provide a sufficient number ofemployees to serve the public promptly and efficiently and in a manner satisfactory to the Director All such employees shall be clad in neat and clean attire satisfactory to the Director All employees shall wear identification and the Licensee shall provide a list ofemployees to the Director

The Licensee shall not permit any agent or employee to remain in or upon the premises or in any of the buildings structures or locations occupied by the Licensee for a period of time longer than is normally necessary to secure the premises and to perform minor clerical work after the close ofbusiness However if required for the protection ofits property the Licensee may employ and permit a watchman to remain in said buildings structures or stands so occupied but only after first obtaining written permission ofthe Director

Th Licensee shall employ only competent and satisfactory staff Whenever the Director shall notify the Licensee in writing that any person employed in the premises in his opinion is incompetent disorderly unsanitary or otherwise unsatisfactory such person shall be discharged and shall not again be employed to work on park property without the consent of the Director Membership or nonmembership in any organization shall not be deemed cause for such discharge

HOURS AND DAYS OF OPERATION From April through September of each year the minimum hours and days ofLicensees operation in the designated parks shall commence as follows

A Monday through Friday noon to pm

B Saturday and Sunday amto pm

C Tournaments Open one hour before first scheduled game

DURATION OF CONTRACT This contract shall be valid from through December with a three year option to renew provided renewal terms can be agreed upon and reduced to a written contract to the satisfaction of both parties prior to December Annual reports and adjustments required as indicated herein must be based on calendar year obligations regardless ofthe regular fiscal policies ofthe Licensee LICENSEESPAYMENT TO CITY The Licensee shall pay to the City of St Clair Shores for the privilege ofengaging in the licensed activities a sum in cash or certified check equal to ofLicensees gross sales per month from the batting cages

Licensee shall pay all sales tax if applicable and other taxes resulting from its operation under this agreement

All payments to the City shall be made by the Licensee on or before the day of the month succeeding the month ofaccount under this agreement and shall be made payable to the City of St Clair Shores TheLicensee shall keep such books records and recording devices as directed by and in the manner and form required by the City showing accurate and complete data on all receipts and disbursements in connection with the operation with the licensed activities The City and its accounting and auditing officers shall have the right at all times to examine and audit all said books records and recording devices and to reexamine and reaudit same The Licensee shall provide to the Director on the day ofeach and every month the term ofthe contract including the day ofthe month after the contract expires a detailed statement as prepared by a certified public accountant showing all total gross and net receipts and disbursements in connection with the operation of said licensed activities during the preceding calendar month The term Atotal receipts @ as used herein shall be deemed to mean the total price paid to the Licensee by all personspatrons provided however that in computing said total gross receipts there shall not be paid to the Licensees salesman or employees a commission or the like on sales or purchases or services Monthly reports oftotal gross receipts from machineequipment must be shown A monthly total must be shown for each stand and for each machine for every pazk designated in this contract Annual reports and any adjustments must be based on calendaz year operations regardless ofthe regular fiscal policies ofthe Licensee

PITCHING MACHINE ACCOUNTABILTIY Tally sheets or receipts of collections related to or pertaining to pitching machines shall be countersigned by the Director or his representative and aze to be forwarded immediately to the administration office of the Department of Parks and Recreation for statistical purposes Tally sheets must show the amount taken from each machine

The Licensee shall assume full responsibility far all costs involved in the installation of the pitching machines Such pitching machines shall be of new manufacture acceptable to the Director and shall be maintained in good operation condition and appearance at all ties Machines rejected at any location shall not be reinstalled at another location without the prior approval ofthe Director

PHHOSOPHY AND MANDATED POLICY IN CONDUCTING LICENSED ACTIVITIES Most Department of Parks and Recreation records indicate that the parks are patronized primarily by children in all age groups and by family groups having moderate or average income all seeking the recreation which outdoor activities afford To fulfill the Departments guiding principal to do Ache greatest good for the largest number@ the licensed activities have been permitted and developed in parks as an accommodation ratherthan as a source ofexceptional and revenue or profit Therefore the Licensee agrees to comply with this intent of the original installation andor decision to offer the licensed activities Toward the end offulfilling that agreement the following basic policies are made part ofthis contract

A The batting cages all machines the batting range and associated equipment are to be kept in good repair for the duration ofthe contract

B Prices for use ofthe range or services are to be kept competitive and shall be established by agreement with the Director prior to the beginning of the location particular season The prices are to be displayed in a conspicuous in an attractive manner Rates can distinguish between residents and nonresidents

C Resident individuals and groups are to be given preference as to time allotment on use ofthe range if arranged for in advance

INSPECTION The Licensee shall allow the Director or such other person as my designated access to the premises at all reasonable hours for the purpose of examining and inspecting said premises or for any other reasonable purpose

SIGNS The Licensee at all locations snow existing or hereafter used for the purpose of providing the services specified herein shall erect suitable signs approved by the Director informing the public of the nature of the services provided at any such location and the name ofthe Licensee furnishing the service

The Lessee shall place no sign or advertisement upon any property of the City except as approved in writing by the Director The City through its agents shall have the right without notifying the Lessee to remove at the cost and expense ofthe Lessee any sign or signs that may be erected without the consent aforesaid

ORDINANCES LAWS AND REGULATIONS The Licensee shall not permit the presence of use ofany intoxicating or alcoholic beverages or tobacco products within its area buildings or facilities within any park and the Licensee shall not permit improper or immoral conduct on the part of its officers or employees and shall not permit hawking or any other noises or disturbances designed to attract attention or to solicit trade The Licensee shall abide by the ordinances ofthe City ofSt Clair Shores and the laws ofthe State ofMichigan and ofthe United States as well as the rules and regulations promulgated by the department

The Licensee shall apply for finance and obtain all permits and licenses required by the City and the various law enforcement agencies to conduct the licensed activities and to sell the services approved herein INSURANCE The Licensee shall maintain with insurance and underwriter satisfactory to and approved by the Director a standard form policy or policies of insurance in such amounts as may from time to time be approved by the Director protecting both the Licensee and the City of St Clair Shares against personal or public liability products liability and property damage Insurance certificates shall be submitted to the City to show that the Licensee has adequate insurance coverage in the following fields and such policy shall contain such terms and amounts of coverage as may be reasonably required by the City naming the City of St Clair Shores as an additional insured

A Workers compensation

B Complete public liability

C SOOOOOI bodily injury

D Contractual liability which shall provide the City with complete protection from all liability and claims that might arise as a result ofthis contract

PERFORMANCE The Licensee agrees in good faith to perform and faithfully observe and comply with all conditions regulations and provisions prescribed herein and prescribed by the ordinances ofthe City ofSt Clair Shores and the rules and regulations ofthe Department ofParks and Recreation hereafter provided

INDEMNITY AND LIABILITY The Licensee hereby covenants and agrees to indemnify and save harmless the City of St Clair Shores its agents employees volunteers and assigns from all fines suits claims demands and actions of any kind and nature in any way related to the licensed activities and premises andlar by reason of any and all of Licensees conduct its misfeasance nonfeasance malfeasance etc or that of its employees invitees or other persons and Licensee does hereby agree to assume all risks in the operation of its business and the licensed activities hereunder

The City ofSt Clair Shores its agents employees volunteers and assigns shall not be liable for any claim injury or damage to persons or properties in the areas assigned to the Licensee or the space otherwise under the Licensees control or where the Licensee has obligations under this contract The Licensee also agrees that all personal property upon the described premises shall be there at the risk of the Licensee only and that the City of St Clair Shores shall not be liable for any loss theft or damage thereto ofany kind The City shall be under no obligation to inspect operate or maintain any ofthe premises obligated by the Licensee though the City may have the right

CANCELLATION BY LICENSEE This agreement shall be subject to cancellation prior to expiration ofthis contract by the Licensee only in accordance and in conformity with the following requirements Between November l and December of any calendar year the Licensee may terminate this license and

b agreement for the remainder of the contract term regardless of the grounds therefore by giving the City of St Clair Shores days written notice of cancellation accompanied by the payment ofthe percentage of gross for the like over month period determined by the average monthly gross income the two period immediately preceding the date of notice of cancellation Cancellation outside the specified time frame in each calendar year shall not be permitted as the Licensee acknowledges that it would likely be difficult to timely replace Licensees services

CANCELLATION BY THE CITI OF ST CLAIR SHORES The City of St Clair Shores shall be permitted to cancel this contract and license upon the occurrence ofany one ofthe following

terms A Failure ofLicensee for any reason to perform keep and observe any and conditions ofthis contract including but not limited to the paragraph entitled INSURANCE

B The Licensees filing for bankruptcy or similar court protection or intervention or the adjudication of the Licensee as bankrupt or in receivership or the assignment ofthe Licensee for benefit ofcreditors

C A determination by the City of St Clair Shores that the Licensees financial condition is likely to place in jeopardy the continued successful operation of the licensed activities or performance of the terms of this agreement This shall include the Licensees late or untimely compliance with the payment schedule set forth herein

D Attempted assignment or assignment of Licensees rights under this agreement to any entity person or third party

REQUIREMENTS UPON TERMINATION OF CONTRACT Upon the termination ofthe license and contract the City may take immediate ownership and and possession of the premises and any property thereon including equipment cages plus all construction undertaken by Licensee ifthe City so elects However if the City does not elect to take such ownership and possession the Licensee shall remove all such property within the time frame established by the City after notice of its election In any case the Licensee shall remove all goods chattels and fixtures not directly related to the operation ofthe licensed activities In the event said goods chattels and fixtures are not removed within ten days from the expiration ofthis agreement or its termination for any reason the Lessee shall be deemed to have abandoned and to have transferred thereby all rights to same to the City The City shall not be responsible or liable for any loss or damages to any property ofLessee either before or after termination

RIGHT TO DECIDE QUESTIONS The decision ofthe Director relative to the proper performance ofthe terms ofthe contract shall be final and conclusive on the parties hereto and shall be final and conclusive as to all other matters and specifications that may arise in connection with this license and agreement Appeals on any decision by the Director are to be directed to the Park and Recreation Commission with further address by City Council

SUCCESSORS The rights and privileges herein granted to the Licensee and the duties and obligations imposed upon the Licensee shall not be assigned by the Licensee to any successor or other entity nor shall the licensee and agreement be transferrable to any other party by the Licensee

RELATION TO CITY OF ST CLAIR SHORES The Licensee is an independent contractor and neither it nor its employees shall under any circumstances be servants or agents of the City The City shall at no time be responsible for any acts of said Licensee its servants or agents

MEETINGS Meetings shall be held monthly at a place and time to be designated and agreed upon mutually by the Licensee and the Director for the purpose of discussing current operation problems presentation ofofficial requests for changes in schedules accommodations prices or policies and other pertinent business which may arise

II CONCESSIONAIRE LICENSE AGREEAIENT

THIS CONTRACT is made this day of by and between the Department of Parks and Recreation of St Clair Shores Michigan ACity@ and Home Plate Sports Card Inc dbIa Home Plate Sports Center AConcessionaire@ upon the terms and conditions set forth in this document The Concessionaire represents that it has examined the applicable premises proposed for the operation oflicensed activitiesconcessions in the City ofSt Clair Shores parks as indicated herein The Concessionaire further agrees to conduct such licensed activitiesconcession in full compliance with the conditions enumerated in any attached specifications and schedules

L LICENSED ACTIVITIESCONCESSION The licensed activitiesconcession permitted pursuant to this contract constitutes the sale by Concessionaire of refreshments food and Cityapproved convenience items to members ofthe public in the designated locations within the specified premises

Under the specifications of this contract Concessionaire shall be granted an exclusive license to engage in the licensed activities and to operate concessions in the designated parks in St Clair Shores within the designated buildings facilities and areas but such license shall not include catering or similar service to individuals or groups ofindividuals using park picnic areas or boating facilities nor shall such exclusive right include a right to restrain or prevent any individual or groups of individuals from bringing their own food drinks and convenience items into apark Further all vending machines are excluded from this contract and will be provided by others unless Concessionaire enters into a separate agreement with the City related thereto Additionally Concessionaire shall serve and dispense to the general public without discrimination at such times as the public needs require or at such times as the City of Director of the Department of Parks and Recreation may direct and shall provide in quantities adequate for the needs of the public at locations specified herein such foods refreshments confectionery beverages and approved convenience items which meet all applicable state and federal laws and regulations Further all items food and drink offered for sale shall be preapproved by the City and Director of the Department of Parks and Recreation but in no case shall tobacco products be sold

City shall have the right for up totwoweeks or for two events to bring in vendors as they choose between April l and September at Kyte Monroe provided that written notice is provided to Concessionaire two weeks in advance ofthe event or time period by the City which details the specific dates and vendors being brought in City shall have the right for up to separate days to bring in vendors at Veterans Memorial Park as they choose between April and December l provided that written notice is provided to Concessionaire two weeks in advance of the event or time period by the City which details the specific dates and vendors being brought in Such vendors shall operate as stated above in addition to the Concessionaire operating in its normal course ofbusiness Any material changes to this Contract shall be approved in writing by the City Mayor and the City Council

PREMISES SUBJECT TO LICENSE The Concessionaire shall have the exclusive right to conduct the licensed activities in Lac Sainte Claire Park Kyte Monroe and Veterans Memorial Park within the existing concession buildings and facilities and within and upon other locations therein aspreapproved by the Director or Department ofParks and Recreation Further Concessionaire shall be permitted to conduct the licensed activities in other municipal parks as may hereafter be preapproved by the City and the Director ofParks and Recreation in writing However neither the City nor the Director are under any obligation to approve Concessionairesrequest or to provide Concessionaire with a right offirst refusal or priority at any park not specified herein

CONCESSIONAIRES PAYMENT TO CITY OR PERCENTAGE OF GROSS WHICHEVER IS GREATER The Concessionaire agrees to pay the City fifteen percent ofits gross sales at Kyte Monroe Park Lac Sainte Claire Park and Veterans Memorial Park

All payments to the City shall be made by the Concessionaire on or before the day ofthe month succeeding the month ofaccount under this agreement and shall be made payable to the City of St Clair Shores

The Concessionaire shall keep such books records and recording devices as directed by and in the manner and farm required by the City showing accurate and complete data on all receipts and disbursements in connection with the operation of all concessions provided for herein The City and its accounting and auditing officers have the rights at all times to examine and audit all of said books records and recording devices and to reexamine and reaudit same The Concessionaire shall provide to the Director ofthe Department ofParks and Recreation on the day of each and every month ofthe term ofthe contact plus the of the month after the termination ofthe contact a detailed statement as prepared by a certified public accountant showing all total gross receipts and disbursements in connection with the operation of said concessions during the preceding calendar month The term Atotal gross receipts @ as herein used shall be deemed to mean the total price paid to the Concessionaire by all personslpatrons provided however that in computing said total gross receipts there shall not be paid to the Concessionaires salesman or employees a commission or the like on sales or pwchases of said goodscommodities and services A monthly total must be shown for sales in each park included in the scope of this contract Annual reports and any adjustments must be based on calendar year operations regardless of fiscal policies of Concessionaire

DURATION OF CONTRACT This contract shall be valid from to December Upon mutual agreement of the parties the contract may be extended an additional three years

S CONCESSIONAIRES DUTY TO MAINTAIN EXPAND AND RENOVATE CONCESSION PREMISES AND TO EXPAND SERVICES Concessionaire has examined the existing concession buildings and facilities and is satisfied with their Aasis@ condition Concessionaire acknowledges that in order to engage in the licensed activities therein or in conjunction therewith said buildings facilities and premises must be maintained and may require from time to time alteration expansion andor renovation Concessionaire shall at his own cost and expense perform all maintenance and repair ofconcession buildings and facilities to ensure compliance with Concessionairesobligations under this agreement Further Concessionaire shall perform at its own cost and expense the alteration andor renovation of the concession building and facilities necessary to perform its obligations pursuant to this agreement

Prior to undertaking any proposed renovation and expansion however Concessionaire shall submit to the City architectural drawings The City shall have the authority to approve such plans and any proposed alteration renovation and expansion as well as proposed construction and modification of use of any buildings and facilities Concessionaire shall comply with all applicable codes and ordinances and shall secure all necessary and appropriate permits The City shall waive the cost ofany permit fees that it issues

The Concessionaire acknowledges that public demand for its concession services may increase from time to time including but not limited to basebalUsoftball tournaments During periods of increased demand including all basebalUsoftball tournaments and other times which may be hereafter determined by the City Concessionaire shall provide expanded service to accommodate patrons The location and facilities involved in providing such expanded service shall be preapproved by the Director of Department of Parks and Recreation Further during such periods ofincreased demand the Department ofParks and Recreation shall have the authority to require Concessionaire to provide a trailer or similar mode ofexpanded service

Concessionaire shall landscape the area near the fence behind the concession building at Kyte Monroe Park at Concessionaires own cost and expense in the first year ofthe contract and pursuant to the direction and approval ofthe Director ofthe Department ofParks and Recreation

Concessionaire shall provide the City with a list ofall fixtures appurtenances and other attachments to be installed or used in connection with the existing and any renovated and expanded buildings which shall upon placement or installation by Concessionaire within such facility become the property of the City and shall not be removed upon termination ofthis contract Such items shall include but not be limited to light fixtures sinks toilets furnaces hot water heaters screens doors hardware plumbing fixtures attached to any wall floor or ceiling all electrical service and all integral parts ofthe building and facilities Further Concessionaire shall be solely responsible for the cast and maintenance ofsuch items

Any renovation expansion or new construction shall became the property ofthe City

ENFORCEMENT OF CONCESSION REGULATIONS The Director of the Department ofParks and Recreation ofthe City shall enforce these regulations on a dayto basis on behalf of the City and the Concessionaire shall follow the Directors directians in this regard

EQUIPMENT The Concessionaire shall at its own cost and expense furnish and maintain in good usable condition a sufficient type and amount of equipment including but not limited to soda fountains cash registers drink dispensers refrigerators tables utensils dishes and such other equipment as may be necessary to properly furnish the services herein provided for in a manner acceptable to the Director ofDepartment ofParks and Recreation

DISPOSAL OF GARBAGE AND REFUSECLEANLINESS The Concessionaire shall furnish all labor services material supplies and equipment necessary to maintain in a clean orderly and inviting condition satisfactory to the Director ofDepartment ofParks and Recreation all premises used and occupied by the Concessionaire in the operation of licensed activities together with the area immediately surrounding same as affected by said operations This shall include all areas adjacent to such premises which are within a distance of one hundred radial feet from the particular concession operations

The Concessionaire shall not permit garbage and other refuse to accumulate or to gather in or about any ofthe buildings or structures occupied by the Concessionaire except in suitable garbage receptacles The Citys contractor will be responsible for the removal of rubbish trash and garbage provided that it is contained at the point ofsite pickup location and Concessionaire shall comply with all regulations pertaining thereto

UTILITIES The Concessionaire shall be responsible for the payment of all costs associated with electrical service required for conducting the licensed activities Any residual equipment required shall be obtained and maintained at the expense of the Concessionaire and only after securing prior written approval of the City The City shall not furnish telephone service in any location except where public phones are installed as a regular accommodation for park patrons However Concessionaire shall obtain and maintain telephone service at all concession buildings and shall provide phone numbers to the City

EMPLOYEES The Concessionaire shall at his own cost and expense provide a sufficient number ofemployees to serve the public promptly and efficiently and in a manner satisfactory to the City All such employees be clad in neat and clean attire satisfactory to the Director of the Department of Parks and Recreation All concession employees shall wear identification and the Concessionaire shall provide a list ofits employees to the City

The Concessionaire shall not permit any agent or employee to remain in or on the premises ofthe City or in any ofthe buildings structures or locations occupied by the Concessionaire for any period of time longer than is necessary to secure the premises and to perform minor clerical work after the close of business provided however that if required for the protection if its property the Concessionaire may employ and permit watchmen to remain in said buildings structures or stands so occupied but only after first obtaining written permission of the Director of the Department ofParks and Recreation

The Concessionaire shall employ only competent and satisfactory staff Whenever the Director shall notify the Concessionaire in writing that any person employed on the premises in his opinion is incompetent disorderly unsanitary or otherwise unsatisfactory such person shall be discharged and shall not again be employed to work on park property without the consent of the Director Membership or nonmembership in any organization shall not be deemed cause for such discharge

HOURS AND DAYS OF OPERATION From June through Labor Day ofeach year the minimum hours of Concessionairesoperation in Lac Sainte Claire Park shall commence at am and continue until pm or until the pool closes whichever is later and weather permitting The minimum hours at Kyte Monroe Park shall commence at noon until the end ofthe last game on any given day The hours ofoperation at Veterans Memorial Park shall be no less than am to pm seven days per week However the Concessionaire shall also be required to conduct the licensed activities during such additional specified hours and on such days ofoperation as set forth by the Director ofParks and Recreation by April ofeach year These hours may be changed by written agreement upon days notice ofthe Concessionaire and the Director ofParks and Recreation

CONCESSION PHILOSOPHY QUALITY OF PRODUCT Most Park and Recreation records indicate that the parks are patronized primarily by children in all age groups and by family groups having moderate or average incomes all seeking the recreation which outdoor activities afford To fulfill this guiding principle Athe greatest good for the largest number@ concession stands were developed in parks as an accommodation rather than as a source ofexceptional revenue or profit The concession premises are therefore offered far lease with the understanding that the Concessionaire agrees to comply with the spirit ofthe original installation and that toward the end offulfilling that agreement the following basic policies are made a part ofthese specifications and contract

A Whenever dispenser type carbonated drinks are sold that are prepared from fountain syrups the syrup shall be equal to such products as CocaCola PepsiCola and Up The syrup shall be pleasant to taste and approved by the Director prior to installation

B The refreshment stand shall have the following items available for sale at all times

All beef hat dogs on a bun Carbonated Cala and Orange All items listed in Licensees Bid Proposal

C All products sold at the locations specified herein must be of the highest quality complying in all respects with applicable state and federal laws and regulations The meat products must be all beef

D Items associated with the boating community offered for sale at Lac Sainte Claire Park shall encompass only those sundries normally incidental to recreational boating such as convenience products like ice service fishing tackle and sunglasses by way of example Such items shall not include repair orientedproducts or services or gasoline or large boating accessories

INSPECTION The Concessionaire shall allow the Director ofthe Department of Parks and Recreation or such other person as may be designated access to all concession premises at all reasonable hours for the purpose of examining and inspecting said premises or for any other reasonable purpose

SIGNS The Concessionaire at aocations now existing or hereafter used for the purpose of providing the services specified herein shall erect suitable signs approved by the Director ofthe Department ofParks and Recreation informing the public of the nature of services provided at such location and the name of the Concessionaire furnishing the service The Concessionaire shall place no sign or advertisement upon any property of the City except as provided in writing by the Director The City through its agents shall have the right without notifying the Concessionaire to remove at the cost of the Concessionaire any sign or signs that may be erected without the consent aforesaid

ORDINANCES LAW AND REGULATIONS The Concessionaire shall not sell or permit to be sold used or brought upon the premises of the City any intoxicating or alcoholic beverages or tobacco products and shall not permit or suffer any gambling at any time upon said premises and shall not permit improper or immoral conduct on the part ofits officers or employees and shall not permit hawking or any other noises or disturbances designed to attract attention or to solicit trade and shall abide by the ordinance ofthe City ofSt Clair Shores and the laws of the State of Michigan and of the United States and the rules and regulations promulgated by the Department

It shall be the obligation ofthe Concessionaire to apply for finance and obtain all permits and licenses required by the various law enforcement or governmental agencies to operate the concessions and to sell the merchandise approved herein The Concessionaire must receive the approval of the Macomb County Health Department to operate prior to dispensing items from any concession b INDEMNITY AND LIABILITY The Concessionaire does hereby covenant and agree to indemnify and save harmless the City from all fines suits claims demands and actions of any kind and nature in any way related to the licensed activities and premises andlor by reason of any and all of its conduct its misfeasance nonfeasance malfeasance etc or that of its employees invitees or other person and Concessionaire does hereby agree to assume all risks in the operation ofits business hereunder

The City shall not be liable far any claim injury or damage to persons or properties in the space assigned exclusively to the Concessionaire or the space otherwise under Concessionaires control or where Concessionaire has obligations under the contract The Concessionaire also agrees that all personal property upon the described premises shall be there at the risk ofthe Concessionaire only and that the City shall not be liable for any lass theft damage thereto of any kind The City shall be under no obligation to inspect operate or maintain any of the premises occupied by the Concessionaire though it has the right

INSURANCE The Concessionaire shall maintain with insurance and underwriters satisfactory to and approved by the Director a standard form policy or policies ofinsurance in such amounts as may from time to time be approved by the Director protecting both the Concessionaire and the City against personal or public liability products liability and property damage

Insurance certificates shall be submitted to the City to show that Concessionaire has adequate insurance coverage in the following fields and such policies shall contain such terms and amounts of coverage as may be reasonably required by the City namintghe Gity ofSt Clair Shores as an additional insured

A WorkersCompensation

B Complete Public Liability

Bodily Injury

C Contractual Liability which shall provide the City with complete protection from all liability and claims that might arise as a result of this license agreement

PERFORMANCE The Concessionaire agrees in good faith to perform and faithfully observe and comply with all conditions regulations and provisions prescribed herein and by the ordinances of the City of St Clair Shores and the Department

CANCELLATION BY CONCESSIONAIltE This agreement shall be subject to cancellation prior to expiration of this contract by the Concessionaire only in accordance and in conformity with the following requirements

After Labor Day in any calendar year through December of the same year the Concessionaire may terminate this license and agreement for the remainder ofthe contract term regardless of grounds therefor by giving the City sixty days written notice of cancellation accompanied by the payment of the percentage of gross for like period determined by the average monthly gross income over the two month period immediately preceding the date of notice of cancellation Cancellation outside such specified time frame each calendar year shall not be permitted as Concessionaire acknowledges that it would likely be difficult totimely replace Concessionaires services

CANCELLATION BY THE CITY OF ST CLAIR SHORES The City of St Clair Shores shall be permitted to cancel this contact and the Concessionaires license upon the occurrence ofany one ofthe following

A Failure ofConcessionaire for any reason to perform keep and observe any terms and conditions of this contract including but not limited to the paragraph entitled AConcession Philosophy and Qualify of Product @

B The Concessionaires filing for bankruptcy or similar court protection or intervention or the adjudication of the Concessionaire as bankrupt or in receivership or assignment by the Concessionaire for benefit ofcreditors

C A determination by the City that Concessionairesfinancial condition is likely to place the parties in jeopardy ofa continued successful operation of the concession This shall include the Concessionaireslate or untimely compliance with the payment schedule set forth herein

D Attempted assignment or assignment ofConcessionairesrights under this agreement to any entity person or third party

OPTION TO RENEW This agreement may be renewed for an additional three years if the parties agree upon renewal terms and such terms are reduced to a written contract to the satisfaction ofboth parties prior to December By September the Concessionaire shall provide the Citywith written notice of its desire to renew its license with renewal terms to be thereafter agreed upon Failure to provide timely written notice shall result in termination ofthis contract on December

TERMINATION OF CONTRACT Upon the termination of this license and contract the City may take immediate possession of the premises and property thereon and the Concessionaire shall remove all his goods chattels and fixtures In the event said goads chattels and fixtures are not removed within ten days from the expiration of this agreement or its termination for any reason the Concessionaire shall be deemed to have abandoned the facilities equipment or other property not removed from the premises within the aforesaid period and to have transferred thereby all rights to same to the City The City shall not be responsible or liable for any loss or damage to any property of Concessionaire either before or after termination

RIGHT TO DECIDE QUESTIONS The decision of the Director of the Department ofParks and Recreation relative to the proper performance ofthe terms ofthe contract shall be final and conclusive on the parties hereto and shall be final and conclusive as to all other matters and specifications that may arise in connection with this license and agreement

SUCCESSORS AND ASSIGNS The rights and privileges herein granted to the Concessionaire and the duties and obligations imposed upon said Concessionaire hereunder is and shall be an independent contractor and neither he nor his employees shall under and circumstances be servants or agents of the City The City shall at no time be responsible for any acts of said Concessionaire his servants or agents

RELATION TO CITY OF ST CLAIR SHORES The Concessionaire hereunder is and shall be an independent contractor and neither he nor his employees shall under any circumstances be servants or agents of the City The City shall at no time be responsible for any acts of said Concessionaire his servants or agents

MEETINGS Meetings shall be held monthly at aplace and time to be designated and agreed upon mutually by the Concessionaire and the Director of the Department of Parks and Recreation for the purpose of discussing current operation problems presentation of official requests for changes in schedules accommodations prices portions products or policies and other pertinent business which may arise

The City will be represented at these meetings by the Director or his authorized administrative representative and such subordinate supervisory personnel fully acquainted with field operations as he shall designate

The Concessionaire shall be represented at a minimum by one officer of the company if a corporation a partner if a partnership or the owner plus a maximum oftwo staff members fully acquainted with field operations and such others as the Director may request

LICENSEE CITY OF ST CLAIR SHORES

By By

In his capacity as City Manager Address

By

CONCESSIONAIlZE Director for Department of Parks and Recreation

By By In his capacity as Address City Clerk CITY COUNCIL FEBRUARY

AGENDA ITEM d Award Bids from the Energy Efficiency Grants i and ii Award bid for Civic Center Pump Motor and Water Heater Replacement bid opened

BACKGROUND As part of the Energy Efficiency and Conservation Block Grant Improvements on February the city received three bids for the replacement of the Civic Center Pump Motor and Water Heater The low bidder was William E Walter Inc in the amount of

ENCLOSURES Letter of Recommendation from Anderson Eckstein Westrick Inc Bid Tab Bid Forms

PROPOSED RESOLUTION

It was moved by Councilperson and supported by Councilperson to approvedeny a request to award the bid for Civic Center Pumper Motor and Water Heater replacement to William E Walter Inc in the amount of

VOTE Ayes

Nays

Abstain

Absent

Prepared by Caryl Phillips Community Services Dept Secretary

Reviewed by Community Services Director d ANDERSON ECKSTEIN AND WESTRICK INC Schoenherr Road Shelby Township Michigan Civil Engineers Surveyors Architects

February

Christopher Rayes RA AICP Community Services Director City of St Clair Shores Jefferson Circle Drive St Clair Shores Michigan

Reference AEW Project Number St Clair Shores Building Energy Improvements Bid Package No

Dear Mr Rayes

Bids for the referenced project were received and publicly opened on February A bid summary is attached for the bids received

We have reviewed the respective bids and have talked with the apparent low qualified bidder AEW recommends awarding the contract to the low qualified bidder William E Walter Inc Howard Ave Flint Michigan for a total bid amount Including Alternate No Olympia Pump Motor Replacement of

References contacted indicated William E Walter Inc where very courteous and clean and everything works great

If you have any questions or require any additional information please give me a call

Sincerely

ANDERSON ECKSTEIN AND WESTRICK INC

Edward Neiman AIA

Enclosure Bid Tab

Fax Engineering Strong Communities wwwaewinccom N O N Q O O

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N A N N d V

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L C d U N C C O U o U Z ap d U O C Y N N U Z C v r ui g m in w c c X O W m pMp LL Z N Q m Z m p U C O U M r N m Uam C Wtti c N Z co Os Q v wc ZtL Q In nd CITY OF ST CLAIR SHORES William E Walter Inc BUILDING ENERGY IMPROVEMENTS Name of Bidder AEW BID PACKAGE N

BID FORM BID FORM

Name of Bidder Firm William E Wafer Inc Legal Address Howard Ave

Flint MI

Zip Code Telephone Number

Email Address gcherwinski@williamewalter com

BID TO City of St Clair Shores Jefferson Circle Drive St Clair Shores Michigan City Clerk Mary A Kotowski

PROJECT City of St Clair Shores Building Energy Improvements Bid Package No Water Heater and Pump Motor Replacement AEW Project No

We the undersigned Bidder hereby declare that this bid is made in good faith without fraud or collusion with any persons bidding in compliance with your Advertisement for Bids for the Project described above having examined the plans specifications and having made the site inspection as required is fully informed as to the nature of the work and the conditions relating to its performance hereby propose to furnish all labor materials and supplies and to construct the Project in accordance with the Contract Documents at the Base Bid Price Alternate Prices Unit Prices and Completion Time stated below

A Lump Sum Bids for the complete general construction and all related trades including labor material and costs for the sum of Fifty thnuGanrl Fnnr hvndr d ighty cavern and lln Dollars OF CITY ST CLAIR SHORES w i i am F Wa tPr Tnr BUILDING ENERGY IMPROVEMENTS Name of Bidder AEW BID PACKAGE N

B Fees for additional work the fees for additional work upon instruction of the Architect shall be the actual cost of all labor and materials plus to for additional work performed by subcontractors andor undersigned which shall include all the undersigneds charges This shall include all charges for overhead profit workmenscompensation and other insurances and taxes

C Time of Completion We will complete the work covered by this proposal within o calendar days which includes Saturdays Sundays and Holidays and to run consecutively after date of notice to proceed with work

D Addenda the undersigned acknowledge receipt of the following addenda Addendum No Dated Addendum No Dated Addendum No Dated

E Alternate Schedule

Alternate No Olympia Pump Motor Replacement Add all costs including work by related trades including labor material and bond cost for the SUm Of Three thousand six hundred six and Dollars

Alternate No Low Flow ValveFixture Replacement Add all costs including work by related trades including labor material and bond cost for the unit price of based on a minimal replacement of ten units a Toilet FIUSh VaIVe Three hundred ninety four DollarsUnit

b Urlnal FIUSh VaIVe Three hundred sixty two DollarsUnit c Restroom Faucet Two hundred thirteen oo DollarsUnit d Shower Head not read at this time DollarslUnit e Security Flush Valve Four hundred fifty nine Dollarsunit

See specification section for more information

F VoluntaryAlternate Schedule NA Dollars

G The undersigned understands and hereby agrees to comply with and be bound by the conditions set forth in the Bidding Documents issued for this work

Signed and sealed this Tx day of February

Respecti ubmitted By Title Ares dent Seal Aut on signature of Bidder Jo n D alter

END OF BID FORM CITY OF ST CLAIR SHORES BUILDING ENERGY IMPROVEMENTS Name of Bidder AEW BID PACKAGE N

BID FORM BID FORM

Inc Ben Sons Plumbing Heating Name of Bidder Firm Washington Legal Address Tireman Street

Detroit Michigan

Zip Code

Telephone Number

EmallAddress Isaac@bwsplbghtgcom

BID TO City of St Clair Shores Jefferson Circle Drive St Clair Shores Michigan City Clerk Mary A iKotowski

PROJECT City of St Clair Shores Building Energy Improvements Bid Package No Water Heater and Pump Motor Replacement AEW Project No

We the undersigned Bidder hereby declare that this bid is made in good faith without Advertisement for fraud or collusion with any persons bidding in compliance with your Bids for the Project described above having examined the plans specifications and having made the site inspection as required is fully informed as to the nature of the work and the conditions relating to its performance hereby propose to furnish all labor materials and supplies and to construct the Project in accordance with the Contract Documents at the Base Bid Price Alternate Prices Unit Prices and Completion Time stated below

A Lump Sum Bids for the complete general construction and all related trades including labor material and bond costs for the sum of

Xtic r tQDollars CITY OF ST CLAIR SHORES BUILDING ENERGY IMPROVEMENTS Name of Bidder AEW BID PACKAGE N

B Fees for additional work the fees for additional work upon instruction of the Architect shall be the actual cost of all labor and materials plus for additional work performed by subcontractors andor undersigned which shall include all the undersigneds charges This shall include all charges for overhead profit workmens compensation and other insurances and taxes

C Time of Completion We will complete the work covered by this proposal within calendar days which includes Saturdays Sundays and Holidays and to run consecutively after date of notice to proceed with work

D Addenda the undersigned acknowledge receipt of the following addenda Addendum No Q b Dated Addendum No Dated Addendum No Dated

E Alternate Schedule

Alternate No Olympia Pump Motor Replacement Add all costs including work by related trades including labor material and bond cost for the Sum of s Lcv c Dollars

Alternate No Low Flow ValveFixture Replacement Add all costs including work by related trades including labor material and bond cost for the unit price of based on a minimal replacement of ten units a Toilet Flush Valve c DollarsUnit b Urinal Flush Valve cx DollarsUnit c Restroom Faucet Gk DollarsUnit d Shower Head not regd at this time DollarsUnit

See specification section for more information

F Voluntary Alternate Schedule

Dollars

G The undersigned understands and hereby agrees to comply with and be bound by the conditions set forth in the Bidding Documents issued for this work

Signed and sealed this th day of February

Respectively su ed Title President Seal Authorized signature of der JOYCE EDWARDS END OF BID FORM iVotary Public State of Michigan Courrty of Vlfayne Oct My Commission Exores CITY OF ST CLAIR SHORES Ecker Mechanical Contractors BUILDING ENERGY IMPROVEMENTS AEW Name of Bidder BID PACKAGE N

BID FORM BIDM

Name of Bidder Firm Ecker Mechanical Contractors Inc

Legal Address E Maple Avenue

Burton MI Zip Code

Telephone Number

Email Addressj howard@eckermechanical com

OFDTO CityofStelairShores Jefferson Circle Drive St Clair Shores Michigan City Clerk Mary A Kotowski

PROJECT City of St Clair Shores Building Energy Improvements Bid Package No Water Heater and Pump Motor Replacement AEW Project No

We the undersigned Bidder hereby declare that this bid is made in good faith without fraud or collusion with any persons in bidding compliance with your Advertisement for Bids for the Project described above examined having the plans specifications and having made the site inspection as is required fully informed as to the nature of the work and the conditions relating to its performance hereby propose to furnish all materials labor and supplies and to construct the Project in accordance with the Contract at the Documents Base Bid Price Alternate Prices Unit Prices and Completion Time stated below

A Lump Sum Bids for the complete general construction and all related trades includin labor material and c bond for the sum of

i v Dollars CITY OF ST CLAIR SHORES Ecker Mechanical Contractors BUILDING ENERGY IMPROVEMENTS Name of Bidder AEW BID PACKAGE N

B Fees for additional work the fees for additional work upon instruction of the Architect shall be the actual cost of all labor and materials plus for additional work performed by subcontractors andor undersigned which shall include all the undersigneds charges This shall include all charges for overhead profit workmens compensation and other insurances and taxes

C Time of Completion We will complete the work covered by this proposal within calendar days which includes Saturdays Sundays and Holidays and to run consecutively after date of notice to proceed with work

D Addenda the undersigned acknowledge receipt of the following addenda Addendum No Dated Addendum No Dated Addendum No Dated

E Alternate Schedule

Alternate No Olympia Pump Motor Replacement Add all costs including work by related trade i cluding labor material and bond cost for the sum of no rlwrQ tOd Dollars

Alternate No Low Flow ValveFixture Replacement Add all costs including work by related trades including labor material and bond cost for the unit price of based on a minimal replacement of ten units a Toilet Flush Valve Sad DollarsUnit b Urinal Flush Valve rO DollarsUnit c Restroom Faucet Z DollarsUnit d Shower Head not regd at this time DollarsUnit

See specification section for more information

F Voluntary Alternate Schedule

Dollars

G The undersigned understands and hereby agrees to comply with and be bound by the conditions set forth in the Bidding Documents issued for this work

Signed and sealed this th day of February

Res e u fitted By Title Project ManaQezSeal Authorized signature of Bidder Jef f Howard

END OF BID FORM COUNCIL MEETING February

Article I AGENDA ITEM A A proposal to add a section to City Ordinance Use ofCity Ambulance Service for the purpose ofrequiring reimbursement for medical services received by those in confinement by or at the direction ofthe city

BACKGROUND Medicare recently made a change to their ruling regarding the transport ofincarcerated patients They have determined that the entity that has incarcerated or is holding the patient in custody is responsible for all medical charges including transport unless there is a policy or ordinance established stating otherwise Accumed our ambulance billing company has advised us that we have claims pending an ordinance or ruling from our city

BUDGET ACCOUNT Revenue increase to Ambulance Account

ENCLOSURE New section Ordinance Article Ambulance Service Administrative Order on Medical Treatment ofConfined Persons MLM Matters article on Medicare ruling Letter from City Attorney Robert Ihrie

PROPOSED

RESOLUTION To approve the new section added to Ordinance Article Use ofCity Ambulance Service and Administrative Order

Approvedeny

Prepared by George Morehouse Date February

MOVED SECONDED

VOTE AYE NO ABSTAIN

ABSENT ADMINISTRATIVE ORDER

MEDICAL TREATMENTS OF CONFINED PERSONS

not to Any person held in custody confined or incarcerated by the City including but limited

individuals who are

Under arrest

Incarcerated Imprisoned Escaped from confinement Under supervised release On medical furlough

Residing in a mental health facility or halfway house Living under home detention

Confined completely or partially in any way under a penal statute or rule

Shall be solely responsible for the payment of any medical services rendered to and received the by that person during the course of his or her confinement with the City or at Citys discretion or a Court of competent jurisdiction including without limitation transportation to and from a medical treatment facility and any treatment deemed necessary by a treating physician whether or not requested by the person and shall be required to reimburse the City in full for any fees or charges incurred for such service if not paid directly to a medical provider by the prisoner or his other insurance carrier

Signed this st day of February

Ben Hughes City Manager ST GLAIR SHORES FIRE DEPT MEMORANDUM

Date December

To City Manager Ben Hughes

From Fire Chief George Morehouse

Re New Ordinance on transporting confined patients

of Medicare recently made a change to their Medicare ruling regarding the transport incarcerated or is incarcerated patients They now have determined the entity that has holding the patient in custody is responsible for all medical charges including transport otherwise unless there is a policy or ordinance established stating

draft and a I have attached the Medicare ruling for your review along with a ordinance letter from Bob Ihrie

an incarcerated AccuMed our ambulance billing company currently has claims pending submit a but patient policy or ordinance Most insurance companies give a year to claim there are a few that only allow six months

come before Could you please let me know when this ordinance can be scheduled to City Council Thank you

GMcm Attachments Information for Ivtedicare FeeforService Health Care Professionals

News Flash Attention All Providers and Suppliers Selected to Participate in the Medicare Contractor Provider Satisfaction Survey MCPSS Your chance to complete the MCPSS is running out CMS needs to hear from you Now is the time to provide CMS with your feedback on your satisfaction with the performance of the Medicare contractor that processes and pays your feeforservice FFS Medicare claims If you have questions about the survey need help completing or accessing the online survey tool or you no longer have your survey access information please call the MCPSS Provider Helpline at or send an email to mcpssascimetrikacom Someone on the MCPSS team will be happy to assist you Survey responses may also be submitted by telephone fax or postal mail Your feedback is urgently needed now Dontdelay Please respond today Dontpass up this golden opportunity to let your voice be heard For more information about the MCPSS please visit the CMS MCPSS website at httpwwwcrosgovmcpss or read the CMS MLN Matters Special Edition article SE at httpwwwcrosgovMLNMattersArticlesdownloadsSEpdffeaturingthesurvey

MLN MattersNumberMM Related Change Request CR

Related CR Release Date April Effective Date July

Related CR Transmittal RCP and RBP Implementation Date July

Claims Submitted for Items or Services Furnished to Medicare Beneficiaries in State or Local Custody Under a Penal Authority and Examples of Application of Government Entity Exclusion CR rescinds and fully replaces CR

Provider Types Affected

This article applies to physicians providers and suppliers submitting claims to Medicare contractors carriers DME Medicare Administrative Contractors DME MACs Fiscal Intermediaries Fls andor AIB Medicare Administrative Contractors AB MACs for services provided to Medicare beneficiaries in State or local penal custody

What You Need to Know

Disclaimer

This article was prepared as a service to the public and is not intended to grant rights orimpose obligations This article may contain references or inks to statutes regulations orother policy materials The information provided is only intended to be a general summary It is not intended to take the place of either the written law orregulations We encourage readers to review the specific statutes regulations and other interpretive materials for a full and accurate statement of their contents CPT only copyright American Medical Association Page of This article is based on Change Request CR which updates billing instructions and claims processing requirements to fully implement the policy for Medicare beneficiaries in State or local custody that was outlined in CR CR rescinds and fully replaces CR and revises the Medicare Claims Processing Manual Chapter Section and the Medicare Benefit Policy Manual Chapter Section These revisions are included as attachments to CR

Background

The Medicare program does not pay for services if The beneficiary has no legal obligation to pay for the services and No other person or organization has a legal obligation to provide or pay for that service

Also if services are paid for directly or indirectly by a governmental entity Medicare does not pay for the services See the Social Security Act Section a at httpwwwsocialsecuritygovOP Homessacttitlehtm on the Internet

In the Fiscal Year FY Inpatient Prospective Payment System IPPS final rule FR and see httpedocketaccessppogovpdf pdfon the Internet the Centers for Medicare Medicaid Services CMS clarified its regulations at CFR bsee httpecfr gpoaccess govcgittextltext idxcecfrtpecfrbrowseTittecfrmain tp on the Internet by stating that for purposes of Medicare payment individuals who are in custody include but are not limited to individuals who are

Under arrest Incarcerated Imprisoned Escaped from confinement Under supervised release On medical furlough Required to reside in mental health facilities Required to reside in halfway houses Required to live under home detention or Confined completely or partially in any way under a penal statute or rule

Disclaimer This article was prepared as a service to the public and is not intended to grant rights or impose obligations This article may contain references or links to statutes regulations or other policy materials The information provided is only intended to be a general summary It is not intended to take the place of either the written law orregulations We encourage readers to review the specific statutes regulations and other interpretive materials for a full and accurate statement of their contents CPT only copyright American Medical Association

Page of CFR bdescribes the special conditions that must be met in order for Medicare to make payment for individuals who are in custody and states

Payment may be made for services furnished to individuals or groups of individuals who are in the custody of the police or other penal authorities or in the custody of a government agency under a penal statute only if the following conditions are met

State or local law requires those individuals or groups of individuals to repay the cost of medical services they receive while in custody and

The State or local government entity enforces the requirement to pay by billing all such individuals whether or not covered by Medicare or any other health insurance and by pursuing the collection of the amounts they owe in the same way and with the same vigor that it pursues the collection of other debts

NOTE Your Medicare contractor will require evidence that routine collection efforts include the filing of lawsuits to obtain liens against individuals assets outside the prison and income derived from nonprison sources In addition the State or local entity must document its case with copies of regulations manual instructions directives etc spelling out the rules and procedures for billing and collecting amounts paid for prisoners medical expenses As a rule your Medicare contractor will inspect a representative sample of cases in which prisoners have been billed and payment pursued randomly selected from both Medicare and non Medicare eligible The existence of cases in which the State or local entity did not actually pursue collection even though there is no indication that the effort would have been unproductive indicates that the requirement to pay is not enforced

The Centers for Medicare Medicaid Services CMS maintains a file of incarcerated beneficiaries obtained from the Social Security Administration SSA that is used to edit claims

To avoid improper denial of claims providers and suppliers that render services or items to a prisoner or patient in a jurisdiction that meets the conditions described above should indicate this fact with the use of a the QJ modifier on claims for such

servlces

For inpatient claims where the incarceration period spans only a portion of the stay hospitals should identify the incarceration period by billing as noncovered all days services and charges that overlap the incarceration period

Disclaimer This article was prepared as a service to the public and is not intended to grant rights or impose obligations This article may contain references or links to statutes regulations or other policy materials The information provided is only intended to be a general summary It is not intended to take the place of either the written law or regulations We encourage readers to review the specific statutes regulations and other interpretive materials for a full and accurate statement of their contents CPT only copyright American Medical Association

Page of Additional Information

The official instruction CR was issued to your carrier FI AB MAC and DME MAC in two transmittals The first transmittal modifies the Medicare Claims Processing Manual and it is available at httpJlwwwcrosgovTransmittasdownloadsRCPpdfon the CMS website The second transmittal is at httpwwwcrosgovTransmittalsdownoadsIRPpdfendit contains the revised portion of the Medicare Benefit Policy Manual regarding this change

If you have any questions please contact your carrier FI AB MAC or DME MAC at their tollfree number which may be found at httplwwwcrosgovMLNProductsdownbadsCallCenterTollNumDirectoryzipon the CMS website

Disclaimer

This article was service prepared as a to the public and is not intended to grant rights or impose obligations This article may contain references or links to statutes regulations or other policy materials The information provided is only intended to be a general summary It is not intended to take the place of ether the written law or regulations We encourage readers to review the specific statutes regulations and other interpretive materials for a full and accurate statement of their contents CPT only copyright American Medical Association

Page of I HRIE BRIEN

ATTORNEYS AND COUNSELORS

A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION

JEFFERSON AVENUE SUITE

POST OFFICE BOX ROBERT D HRIE PC DEBORAH F OBRIEN ST CLAIR SHORES MICHIGAN RICHARD S ALBRIGHT CALVIN C BROWN TELEPHONE

HAROLD A PERAKIS FACSIMILE WILLIAM W KILLEBREW

DAWN M PROKOPEC EMAIL ihrieobrieaolcom RETIRED

November

St Clair Shores Fire Department Attention Chief George W Morehouse Jr Harper Avenue St Clair Shores Michigan

Re Medicare Reimbursement

Dear Chief Morehouse

In response to your November correspondence Ihave had an opportunity to review the Medicare ruling and the sample ordinance submitted Ibelieve that it would be advisable for the City of St Clair Shores to adopt such an ordinance Ifind the language submitted to be satisfactory In this regard your office should submit a proposed ordinance to the City Manager for inclusion in a future Council meeting

If you have any questions regarding this matter or if you wish my assistance in any regard please do not hesitate to contact me

Thank you for your consideration

Very truly yours

O BRIEN

Ihrie

RDUIed ORDINANCE NO

AN ORDINANCE TO ADD CERTAIN SECTIONS TO CITY ORDINANCE ARTICLE USE OF CITY AMBULANCE SERVICE FOR PURPOSES OF REQUIRING REIMBURSEMENT FOR MEDICAL SERVICES RECEIVED BY THOSE IN CONFINEMENT BY OR AT THE DIRECTION OF THE CITY AS FOLLOWS

Section Medical Treatment of those Confined

but not Any person held in custody confined or incarcerated by the City including limited to individuals who are under arrest incarcerated imprisoned escaped from confinement under supervised release on medical furlough residing in a mental health facility or halfway house living under home detention or confined be completely or partially in any way under a penal statute or rule shall solely rendered and that responsible for the payment ofany medical services to received by the person during the course of his or her confinement with the City or at Citys or Courtsdirection including without limitation transportation to and from a medical treatment facility and any treatment deemed necessary by his or her treating physician whether or not requested by the prisoner and shall be required to reimburse the City in the medical full for any fees or charges incurred for such services if not paid directly to facility of practitioner by the prisoner or his or her insurance carrier

Section Saving Clause

Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or act ordinance any cause or causes of action acquired or existing under any or hereby or repealed nor shall any just or legal right or remedy of any character be lost impaired affected by this Ordinance

Section Severability

Ordinance be held in a manner Should any word sentence phrase or any portion ofthis to invalid by any court of competent jurisdiction or by any state agency having authority construed limited to such do so for any reason whatsoever such holding shall be and invalid shall not be work sentence phrase or any portion of the Ordinance held to be so or construed as affecting the validity of any ofthe remaining words sentences phrases portions of this Ordinance Any ordinance or parts of any ordinance in conflict with any provisions of this ordinance are hereby repealed

This ordinance shall be published by posting the same in three public places within the City of St Clair Shores and the Clerk is hereby ordered to post the same upon the bulletin boards in the Police Station Jefferson Avenue the Fire Hall Harper Avenue and the City Hall Jefferson Circle Drive

STATE OF MICHIGAN

ss COUNTY OF MACOMB

We hereby certify that the foregoing ordinance is a true copy of an ordinance as enacted by the City Council on the day of December and that the necessary Charter provisions have been observed

KIP WALBY MAYOR MARY A KOTOWSKI CITY CLERK

I Mary A Kotowski Clerk of the City of St Clair Shores hereby certify that the foregoing ordinance was published by posting true copies of the same in each of the following places Police Station Jefferson Avenue Fire Hall Harper Avenue and City Hall Jefferson Circle Drive on the day of December

MARY A KOTOWSKI CITY CLERK COUNCIL MEETING February

AGENDA ITEM B A proposal to amend the citysFire Code Ordinance to update the language to reflect ow current practices

BACKGROUND These minor language changes are only updates and corrections These changes do not alter any ordinance objective

BUDGET ACCOUNT NIA

ENCLOSURE Current Ordinance with proposed language changes highlighted and reasons far changes in red

PROPOSED RESOLUTION To approve language changes to the citys Fire Code Ordinance

Approvedeny

Prepared by George Morehouse Date February

MOVED SECONDED

VOTE AYE NO ABSTAIN

ABSENT PROPOSED CHANGES TO FIRE CODE Page of

Current Ordinance Fire prevention code adopted Sec AThe BOCA National Fire Prevention Code and any Accumulative Supplements and all codes standards and recommended practices adopted by the National Fire Protection Association and the Michigan Fire Protection Code as it may be amended from time to time as well as any administrative rules and polices promulgated in relation thereto are hereby adapted and incorporated by reference into the ordinance ofthe City of St Clair Shores to become part of Chapter FIRE SAFETY REGULATIONS In the event ofconflict among the above adopted codes standards and recommended practices the most restrictive regulations shall apply and shall be enforced by the authority with jurisdiction chap eff Apr amend eff June further amend eff Dec Jan June June July Dec Amend to Sec A The International Building Code as adopted by the Community Development Department and companion International Fire Code with appendixes and any Accumulative Supplements and all codes standards and recommended practices adopted by the National Fire Protection Association and the Michigan Fire Protection Code as it may be amended from time to time as well as any administrative rules and polices promulgated in relation thereto are hereby adopted and incorporated by reference into the ordinance of the City of St Clair Shores to become part of Chapter FIRE SAFETY REGULATIONS In the event of conflict among the above adopted codes standards and recommended practices the most restrictive regulations shall apply and shall be enforced by the authority with Jurisdiction

Current Ordinance Fire drills in educational and institutional facilities Sec C a EDUCATIONAL FACILITIES The chief administrative officer and teachers of all schools including state supported schools colleges and universities and the owner or owners representative ofall school dormitories or drill facilities which are used primarily for educational purposes shall have a fire each month and keep all doors and exits unlocked during school hours and when the school is open to the public A minimum often fire drills are required for each school year However if weather conditions will not permit fire drills to be held at least once a month then at least six fire drills shall be held in the fall of each year and four fire drills shall be held during the remaining part ofthe school year Amend to The chief administrative officer and the teachers of all schools including state supported schools colleges and universities and the owner or owners representative of all school dormitories shall have a fire drill each month and ensure unrestricted emergency egress during school hours and when the school is open to the public Each teacher in a school including a state supported school college or university and the owner or owners representative of a dormitory shall comply with these requirements and the requirements of the Fire Prevention Act of Michigan Act PA section as amended A minimum of fire drills is required for each school year for a school that o erates an codes PROPOSED CHANGES TO FIRE CODE Page of

kindergarten to Four of the fire drills shall be held in the fall and shall be held during the remainin art of the school ear

Current Ordinance Sec C A General provisions Intent These provisions are intended to provide the minimum requirements for the selection installation operation and maintenance of fire warning equipment smoke detectors for use within residential family living units as well as common areas of multiple dwellings All applicable provisions ofthe cityadopted building codes including BOCA National Building Code and the BOCA Fire Prevention Code adopted in Article A of this Ordinance and the Nations Fire Protection Association NFPAStandard Household Fire Warning Equipment and Standard Life Safety Code are hereby adopted and incorporated by reference except as noted herein Amend to A General provisions Intent These provisions are intended to provide the minimum requirements for the selection installation operation and maintenance of fire warning equipment smoke detectors for use within residential family living units as well as common areas of multiple dwellings All applicable provisions of the cityadopted building codes including adopted Building and Fire Codes in Article A of this Ordinance and the National Fire Protection Association IVFPA Standard Household Fire Warning Equipment and Standard Life Safety Code are hereby adopted and incorporated by reference except as noted herein

Current Ordinance Fire extinguishers portable Sec C

Maintenance servicing and recharging shall be performed by trained persons having available the appropriate servicing manuals the proper types oftools recharge materials lubricants and manufacturers recommended replacement parts or part specifically listed for use in the extinguisher Further all persons orfirms engaging in the maintenance servicing and recharging of portable fire extinguishers shall have first obtained a certificate of registrationlicense from the St Clair Shores Fire Prevention Bureau in accordance with Section F ofthis Ordinance Portable fire extinguishers shall be subjected to yearly maintenance by a qualified and licensed contractor and holder of a certificate of registrationlicense as specified in this Ordinance Each extinguisher shall have a tag or label securely attached to indicate the month and year that the inspection maintenance and recharging were performed and shall identify the person or firm performing the service Amend to Maintenance servicing and recharging shah be performed by trained persons having available the appropriate servicing manuals the proper types of tools recharge materials lubricants and manufacturers recommended replacement parts or part specifically listed for PROPOSED CHANGES TO FIRE CODE Page of

use in the extinguisher Further all persons or firms engaging in the maintenance servicing and recharging of portable fire extinguishers shall have first obtained a certificate of an annual operating permit from the St Clair Shores Fire Prevention Bureau in accordance with Section F of this Ordinance Portable fire extinguishers shat be subjected to yearly maintenance by a qualified and licensed contractor and holder of a certificate of an operating permit as specked in this Ordinance Each extinguisher shall have a tag or label securely attached to indicate the month and year that the inspection maintenance and recharging were performed and shall identi the person or firm erformin the service

Current Ordinance Sale of fireworks

Sec D a The sale of class C fireworksonly shall occur wholly within permanent buildings and permanent structures as defined by the BOCA Basic National Building Cade which shall have been deemed safe and proper by the appropriate code officials It shall be unlawful to sell fireworks within temporary facilities tents orairsupported structures Amend tv a The sale of class C fireworks only shall occur wholly within permanent buildings and permanent structures as defined by the change to rear adopted Codes in Article A of this Ordinance which shall have been deemed safe and proper by the appropriate code officialsIt shall be unlawful to sell fireworks within temporary facilities tents or air su parted structures

Current Ordinance

Removal of abandoned or unused tanks

Sec EA permit shall be obtained from the fire department to remove abandon place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank Such permit fee shall be per tank In addition to provisions in the BOCA Fire Prevention Code adopted by this ordinance the following regulations shall apply In case of conflict the stricter provision shall govern d DISPOSAL OF UNDERGROUND TANKS Each tank to be disposed of shall be rendered free of flammable vapors and tested for flammable vapors Amend to Sec E

Bedeade crinorrhrorn addition to provisions in the codes adopted by this ordinance the following regulations shall apply In case of conflict the stricter provision shall govern PROPOSED CHANGES TO FIRE CODE Page of

d DISPOSAL OF UNDERGROUND TANKS Each tank to be disposed of shall be rendered free of flammable vapors and tested for flammable vapors The authority in the fire department having jurisdiction shall be provided with information regarding the identification number of removed tanks tank capacity location on the property from which the tank was removed and other required information so to accurately document the removal of these tanks

Current Ordinance Selfservice gasoline stations Sec E a DEFINITION Aselfservice gasoline station shall be deemed to be an establishment whereas gasoline diesel fue and other flammable liquids are dispensed and sold from pumps and where members ofthe public are permitted solicited or encouraged to operate such pumps as a condition of purchasing such fuels Amend to a DEFINITION Aselfservice gasoline station shall be deemed to be an establishment whereas gasoline diesel fuel and other flammable or combustible liquids are dispensed and sold from pumps or dispensing devices and where members of the public are permitted solicited or encoura ed too erate such um s as a condition of urchasin such fuels

Current Ordinance Selfservice gasoline stations Sec E m NOZZLE REQUIREMENTS Each pump hose used for selfservice shall be equipped with an automatic closing shutoffwithout a hold open latch n COMPLIANCE WITH CODES No selfservice gasoline station shall be operated unless such station and the operation thereof shall comply with all the applicable provisions of the BOCA Basic Building Code the BOCA Basic Fire Prevention Code and the Michigan State Police Fire Marshal flammable liquids regulations Whenever it appears that any conflict exists in the codes the stricter of the provisions shall apply Amend to m NOZZLE REQUIREMENTS Automaticclosing type nozzle that comply with the requirements of the NFPA shall be required for the dispensing of Class I and Class liquids with or without latchopen devices Latchopen or holdopen devices of any type are prohibited at marine fuel dispensing facilities n COMPLIANCE WITH CODES No selservice gasoline station shall be operated unless such station and the operation thereof shall comply with all the applicable provisions of the adopted Building and Fire Codes National Fire Protection Association and the PROPOSED CHANGES TO FIRE CODE Page of

Michigan State Police Fire Marshal flammable liquids regulations Whenever it appears that an conflict exists in the codes the stricter of the rovisions shall a I

Current Ordinance

Fire sprinkler or suppression system certificate of registration for sale installation and maintenance required Sec

Each firm or company engaged in the business of servicing fixed suppression systems shall be required to have a certificate of registrationlicense issued by the St Clair Shores Fire Prevention Bureau In addition each such firm or company shall provide the St Clair Shores Fire Prevention Bureau with a list of its employees and their individual certification to provide such services The certification of registrationlicense fees and their annual renewal are as follows a Original registrationlicense b Annual renewal fee of original registrationlicense

Amend to Each firm or company engaged in the business of servicing fixed suppression systems shall be required to have an operating permit issued by the St Clair Shores Fire Prevention Bureau to addition each such firm or company shall provide the St Clair Shores Fire Prevention Bureau with a list of its employees and their individual certification to provide such services The certification of registrationlicense fees and their annual renewal are as follows a Original change to Operating Permit b Annual renewal fee of on final registrationlicense

Current Ordinance

Fire lanes

Service Drive for business establishments known as Club LidoHarbour NineGreat Lakes Yacht Club located east oflefferson near Nine Mile Road No parking standing stopping in the area posted and designated a fire routeSouth side of service drive from Jefferson east to end of service drive

Amend to Service Drive for Jefferson dba Harbor Nine Marina and for all those business establishments east of Jefferson at Jefferson and Jefferson No parking standing stopping in the area posted and designated a fire routeSouth side of service drive from Jefferson east to end of service drive

Current Ordinance Buildings required to have lock boxes installed PROPOSED CHANGES TO FIRE CODE Page of

Sec MA lock approved the St box by Clair Shores Fire Prevention Bureau shall be installed and maintained in the following situations C n all classified as buildings H to the BOCA Fire HH H pursuant Prevention Code as amended Hazardous and in all Materials buildings classified as sites SARATitle Amend to C In all buildings classified as H H H H pursuant to the adopted Building and Fire Codes as amended Hazardous Materials and in all buildings classified as sites SARA Title CITY COUNCIL MEETING February

AGENDA ITEM Consent Agenda Items

Items shall be considered without debate by motion and vote of Council unless a member of Council specifically requests action taken separately on said item

ENCLOSURES

a Bills b Fees c Progress Payments d Approval of Minutes e Receive File Boards Commissions Committee Minutes f Request to set Public Hearings for vacation of Public Alleys on April as follows a PPC SAD B C Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores b PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores c PPC SAD A Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores d PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores e PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores f PPC SAD Public Alley west of through Harper retaining all public and private easements by the City of St Clair Shores all g PPC SAD Public Alley east of through Harper retaining public and private easements by the City of St Clair Shores h PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores i PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores

PROPOSED RESOLUTION Motion by seconded by

to approve the Consent Agenda items as presented with the exception of the following item numbers

that were removed and considered separately

VOTE AYES

NAYS

ABSTAIN

ABSENT Prepared by Mary A Kotowski City Clerk Date February City of St Clair Shores Jefferson Circle Drive St Clair Shores MI Phone Fax wwwscsminet

Mayor Council Members Kip C Walby John DCaron Mayor ProTem Ronald J Frederick Peter A Rubino Candice B Rusie City Manager iThy Anthony G Tiseo Benjamin M Hug hes Chris M Vitale

Item la Council Meeting of February

If you have any questions on items listed below please contact Benjamin Hughes City Manager or Tim Haney Director of Finance

Bills to be approved at the City Council Meeting ofFebruary

Item la Check Approval List

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Mayor Council Members Kip C Walby John DCaron ProTem Mayor Ronald J Frederick Peter A Rubino Candice B Rusie City Manager Mthony G Tiseo Benjamin M Hughes i Chris M Vitale

Item lOb Council Meeting of February

If have you any questions on items listed below please contact Benjamin M Hughes City Manager or Tim Haney Director ofFinance

Bills to be approved at the City Council Meeting of February

Item lOb Attorney Payments

Ihrie O Brien

Councilperson moved Councilperson seconded to approve the above attorney payment to Ihrie OBrien subject to audit City of St Clair Shores Jefferson Circle Drive St Clair Shores MI Phone Fax vvwwscsminet

Mayor Council Members kip CWalby John DCazon Mayor ProTem Ronald J Frederick Peter A Rubino Candice B Rusie City Manages Anthony G Tiseo Benjamin M Hughes Chris M Vitale s

Item lOc Council Meeting of February

If you have any questions on items listed below please contact Benjamin Hughes City Manager or Tim Haney Director ofFinance

Bills to be approved at the City Council Meeting of February

Progress Payments

Utility Services Authority LLC

Bricco Excavating Company LLC

Terra Contracting LLC Construction Pay Estimate Report

AM Anderson Eckstein and Westrick Inc FieldManager a

Contract LSCCWLD Sanitary Sewer Rehabilitation by FuII Le

Estimate Estimate Entered Estimate Electronic All Contract Construction Date No By Type File Created Work Completed Started Date X Carrie L Freeland SemiMonthly No Prime Contractor Managing Office Utility Services Authority LLC AEW i I i

Comments j Contract Amount

Item Usage Summary Prop Project Item Mod Item Description Item Code Line Project Category Line No Type No Quantity Dollar Amount

Harper easement between FA Edgewood and Englehardt M to M inch

Jefferson Ave between FA Lakeshire and Sunnydale Jto J inch

Lakeshire Ave between FA Jefferson and Greater Mack Jto J inch

Lakeshire Ave between FA Jefferson and Greater Mack Jto J inch

Larchmont Ave between FA Hazelwood and Mile B to B inch

Total Estimated Item Payment

Time Charges

Site Site Description Site Method Days Charged Liq Damages SITE NUMBERS SHOULD BE CODED Completion Date

Total Liquidated Damages

PreVoucher Summary Stockpile Project Voucher No Item Payment Adjustment Dollar Amount

The reconstruction of existing pipelines and conduits by the

Voucher Total

Contract ID Estimate Page oft Construction Pay Estimate Report

AM Anderson Eckstein and Westrick Inc FieldManager a

Summary

Current Voucher Total Earnings to date

Current Retainage Retainage to date Current Liquidated Damages Liquidated Damages to date Current Adjustments Adjustments to date

Total Estimated Payment Net Earnings to date

Payments to date

Net Earnings this period

Prepared by ANDERSON ECKSTEIN AND WESTRICK INC

CE iGGZIZ Date fe

Reviewed OF ST CLAIR ty CITY SHORES Vendor Number fl

We hereby certify that sufficient funds are in Dates c Account Number J Community Services Director and that the amount due is budgeted for surpo f

Date C Date M Benjamin Hughes City Manager imothy P Haney Fi ance Director

gk

Contract ID Estimate Page or v Construction Pay Estimate Report AM Anderson Eckstein and Westrick Inc FieldManager a

Contract Harper Ave Water Main Replacement

Estimate Estimate Entered Estimate Electronic All Contract Construction Date No By Type File Created Work Completed Started Date Carrie L Freeland Firiaf No

Prime Contractor Managing Office Bricco Excavating Co LLC AEW

Item Usage Summary Prop Project Item Mod Item Description Item Code Line Project Category Line No Type No Quantity Dollar Amount

Cement

Class A Sod

Erosion Control Inlet Protection Sediment Trap

Water Service Transfers Larger SA

Lighted Arrow Solar Powered Furnished Operated

Sidewalk Concrete inch

Topsoil Surface Furnish inch

Water Main inch CI DI Main Line

Earth Excavation SA

Total Estimated Item Payment

Time Charges

Site Site Description Site Method Days Charged Liq Damages SITE NUMBERS SHOULD BE CODED Completion Date D

Total Liquidated Damages

PreVoucher Summary Stockpile Project Voucher No Item Payment Adjustment Dollar Amount

Replacement of existing inch water main with a new inc

Voucher Total

Contract ID Estimate Page or z Construction Pay Estimate Report

AM Anderson Eckstein and Wesirick Inc FieidManager a

Summary

Current Voucher Total Earnings to date Current Retainage Retainage to date

Current Liquidated Damages Liquidated Damages to date

Current Adjustments Adjustments to date

Total Estimated Payment Net Earnings to date

Payments to date

Net Earnings this period

Prepared by WESTRIGK INC

CcGGGcANDERSONECKSTEINANDLfczG Date l

Reviewedby CITY OF ST CLAIR SHORES Vendor Number

We hereby certify that sufficient funds are i Account Number hL L chris Rayss ICP Community Services Director and that the amount due is budgeted

suc F for rpose

r r z r Date Date c s Benjamin M Hughes pityKManager Timothy P Haney Finance Director

We have reviewed this final estimate and agree with aH fina quantities

Contractor Bricco Excavating Coyfiany

Authorized Re

Contract ID Estimate Page or z Feb am From T P F

Construction Pey estimate Replan

II Anderson Eckstein ahtl WestncJC Inc PM FIeltlManger Aa

Cdntract Sanitary Sewer Cleaning and CCTV Investigation

i Estimate Estimate Entered Estimate Electronic Alf Contract Construction Date Na y Type Fife Created Wark Completetl Started Date Carrie L Freeland amiMonthly No Prime Contractor Managing Office Terra ConlreGting LLC AEW

Comments Contract Amount

Item Usage Summary Prop Project Item Mod Item Description Item Code Line Project Category Line No Type No Quantity DollarAmnunt Cloaning inch i inch Sanitary Sewer

inW inch Cleaning OD OOD Sanitary Sewer

Service Leas Cutting nD ODOD Protrusions tlOq a

Final N Inspection and Log Inch Sanitary Sewer

Final TV and Inspection Log Dp Z inoh Sanitary Sewer

Observtlon of MateriaF and p DDeS OD Work to be Pertomtect Crew pays

Removal Of Mineral Deposits gpp ODD i

Total Estimated Item Payment

Time Charges

Stte Site Description Site Methotl Days Charged Liq Damages SITE NUMERS SHOULD E COpED DO Completion pats D

Total LiquidatdDamages

rpUCher SUIllmary Stockpile Project Voucher No Item Payment Adjustment Dollar Amount

The work under this Oontiact includes all the work required

Noucner Total

Cantraat Estimate Pagc of z Feb am From T P F

Construction Pay Estimate Report n AntlErsan ECKrteln and WesvicK inC pM

ReldMansger a

Summary

Currant VoucherTgtal X Earnings to date Current Retalnage Retainage to date Current Liquidated Damages Liquidated Damages to date CurrentAdjusfinents Adjustments to date Tota Estimated Payment r Net Earnings to date

Aaymerfts to date

Net Earnings this period

ANDERSON Prepared by ECKSTEIN AND WESTRICK INC

Date aZfoZ

Revtewad by CY F T GLAIR SHQRS Vendor Number

We hereby certify that lufficient fundsare in Dale Ci ACCOUnt Number iLL Jjt R fCP Community Services Director and that the amflunt due i budgeted for sjpu as

r J f Data Z Date LlG T Hughes y onager Timothy P Han Finance Director

CcSntra tDdi Estimate Pose are Council Meeting February

Item No d City Council Minutes

Motion by Seconded by to approve the following minutes

City Council Meeting Date Date EMailed

City Council Study Session February February

Item No e Receive and Place on File Boards Commissions and Committee Minutes

Motion by Seconded by to receive and file the following minutes

Minutes Meeting Date Date EMailed

Communication Commission December February Corridor Improvement Authority April February Corridor Improvement Authority May February Corridor Improvement Authority August February Corridor Improvement Authority September February Council SubCommittee October February Cultural Committee January February Election Commission November February Memorial Day Parade Committee January February Zoning Board of Appeals January February

VOTE AYES

NAYS

ABSTAIN

ABSENT

A Kotowski Clerk r Date February Prepared by Mary City y C PROPOSED MINUTES ST CLAIR SHORES CITY COUNCIL STUDY SESSION FEBRUARY

City Council Study Session held in the Council Chambers located at Jefferson Circle Dr St Clair Shores Michigan

Present Mayor Walby Council Members Caron Frederick Rubino arrived pm Rusie Tiseo and Vitale

Also Present City Manager Hughes City Clerk Kotowski and City Attorney Ihrie

CALL TO ORDER ROLLCALL AND PLEDGE OF ALLEGIANCE

Mayor Walby called the meeting to order at pm Ms Kotowski City Clerk called the role with a quorum present and the pledge of allegiance was recited by those present

PRESENTATION BY EPA ON THE PCB SUPER FUND PROCESS

Colleen Moynihan EPA Remedial Project Manager and Megan McSeveney EPA Community Involvement Coordinator presented an overview of the general procedure regarding the PCB Super Fund Process There will also be an Open House on March from am p m and from pm pmat the St Clair Shores Library and a Town Hall Meeting at pm in Council Chambers at the St Clair Shores City Hall to discuss samplings of the Ten Mile Drain Program

Ms Moynihan indicated that they want to take a step back and have an overview of the Super Fund Program In regards to the Super Fund Process the origin is that there was little attention to what hazardous materials were being dumped One example of a Super Fund Project is the Love Canal in New York The canal was built and over time a variety of chemicals were dumped into the canal and dirt placed over it It was then purchased for and an elementary school built over it A second example was the Valley Of The Drums in Kentucky Multiple drums were dumped in the area with different types of chemicals in them Some of the chemicals exploded when they were CERCLA exposed to oxygen To respond to the release of the hazardous materials Super Fund also known as Comprehensive Environmental Response Compensation and Liability Act was passed by Congress in It began with a tax on oil and chemical companies and put money into a trust fund used if no potential responsible party of is found or the potential responsible party cannot pay for dumping Ms Moynihan stated that there is a team lawyers for all Super Fund sites

The Mission and Goals for Super Fund have several major goals which include protecting human health and the environment involving communities and to set guidelines to identify responsible parties for the cleanup process Often times a site can be returned to productive use

The EPA has ten Regional Offices in the United States and St Clair Shores is in Region which includes Michigan Wisconsin Indiana Illinois Ohio and Minnesota

EPAs authority to respond is made up of two types of response action removal which is a short term immediate response which addresses immediate threats and remedial which is a long term cleanup which addresses long term threats

Removal Site Remedial Responses happen when there is a site discovery with a Preliminary Assessment and for Evaluation The state is the first one to recognize site assessment They take the information to see if its eligible funding and it gets put on the NPL National Priorities List because they scored enough with a lot of contamination on the site

Once the site placed on the NPL there are several major phases through the pipeline Feasibility Study Remedial Design Remedial Action Operation and Maintenance

The EPA engages with community involvement and works with ATSDR Agency for Toxic Substances and Disease Registry the state Fish and Wildlife the Department of Natural Resources and local governments

of City Council Study Session February Page Agenda Item contd

Remedial Investigation asks where is the contamination how bad is the contamination is it moving and if so where is it moving

All Contaminated Media includes ground and surface water sediment and heavy metals They will look at how contamination travels where it travels and the need to realize it is complex Sometimes a river will be different from residential in regards to cleanup

From the Feasibility Study is an engineering study that develops and evaluates various cleanup options for the site Feasibility Study cleanup options are taken to the community

The EPA has nine evaluation criteria for remedy selection to assist in each cleanup alternative for a site

Remedy Selection Proposed Plan is provided to the public

and all information is EPA provides a transcript for the administrative record list of all documents investigations etc accessible in the repository at the St Clair Shores Library

ROD Record of Decision is a final decision on the cleanup is released Interim Action RODs areaway to address certain concerns at the site before reaching a final cleanup plan

PostRemedy Selection is what happens after a remedy is selected Detailed plans are developed and then the O M Remedial Selection varies on what Remedial Action is It then goes through the pipeline Finally Operations and Maintenance ensures the required equipment is installed and the EPA monitors site cleanup process

back and look The FiveYear Review is a quarterly monitoring of ground and surface water Every five years they go up the cleanup plan and ask if we are reaching our goals

Ms McSeveney indicated that the Community Involvement Goals keep the community involved through meetings door knocking etc and provides opportunities for public comment Ways the public can get involved are through public meetings joining or forming a community advisory group visiting local information repositories and contacting the Community Involvement Coordinator CIC or Site Project Manager

Community Involvement Tools are mailing lists fact sheets updated websites door knocking repository updates and media and press releases

the NPL The NPL at the The Supertund today has placed new sites on the NPL and proposed eight sites to had end of FY proposed sites and final and deleted sites They selected cleanup remedies at sites amended cleanup plans at sites and issued explanations of significant differences at sites

Additional Links for this Super Fund Program are the Ten Mile Drain Regional Website Supertund Region Website MDEO Michigan Department of Environmental Quality website and MDCH Michigan Department of Community Health website

Mayor Walby asked that in the Step Process are we are at site inspection

Ms McSeveney stated that this site has already been assessed and placed on the NPL Ms Moynihan stated that in general it is the complexity of the site and stated they have three wheels turning at the same time Interim Action go out to check on weirs monthly the Source Error Report will be coming out in March where we will hold a Town Hall meeting take the entire site through the pipeline process Need to ask what is the source and how far the PCB has traveled When we have a final cleanup plan it is more comprehensive

Mayor Walby asked if there was money available to take care of this

the will Ms Moynihan stated that there is Super Fund money through every region When they get cleanup plan they take it to Prioritization Panel Theres money but its the process they have to go through to get the money

Ms McSeveney said that this site is moving at warp speed compared to other sites

Mr Caron asked Ms Moynihan to describe the Super Fund process versus how this compares from previous cleanup processes

Page of City Council Study Session February Agenda Item contd

Ms Moynihan indicated that in they thought it might be midnight dumping The process was then taken over by the county The contamination came back and the removal program responded again Emergency Responders are the first to come out and they dontgo through the Super Fund pipeline They are taking all the information to start directing where they should be sampling Now they are going through a comprehensive process

Mr Caron also stated that the reports are available on the St Clair Shores website as well as the St Clair Shores Library

Mr Vitale stated that todays presentation is very general and asked that the meeting in March can be more specific to St Clair Shores and geared more toward our situation Ms Moynihan said that in March a fact sheet and more details to St Clair Shores will be discussed

Mr Frederick thanked the EPA for doing this at warp speed and understands there is a process to go through He asked if there is money already dedicated to this or do we have to get more money Ms Moynihan said that they have funding to move fonrvard and RIFS and cleanup plan Then go to headquarters with the plan and they will distribute the money They donthave any money now for cleanup because we donthave a plan

AUDIENCE PARTICIPATION

Brent Avery asked what the second C in CERCLA is and how does it work Ms Moynihan stated that the second C indicates Compensation and CERCLA provides us to respond to the release of hazardous material and the Super Fund has the responsible party conduct the cleanup Mr Avery asked if there can be compensation for property owners Ms Moynihan stated that it is on a site by site basis and sometimes there are residential cleanups but she could not specifically answer his question at this time

Senator Bieda asked how the EPA prioritizes and how can a community move up on the list Ms Moynihan said that being on the NPL makes us eligible for Super Fund money Being active in community action such as coming to meetings is a great way to help them They can then convey this information to their management

Amanda York from Congressman Levins office thanked the EPA for being here She said they are in constant contact with the EPA and Mr Hughes and to let her know if there is anything they can do to help This issue is a big priority to Congressman Levin

Dave Consiglio asked how much money has EPA spent and are they any closer in finding the source Ms Moynihan stated she didntknow the figure off the top of her head but will get back to Mr Coinsiglio

Ms Moynihan stated they will hold a Town Hall meeting on March th at pmto present their findings to date They have determined that the PCBs are not traveling in the water main and sanitary sewer line and can rule this one area out She stated that not inside but outside of the drain is where much investigation went on and that four locations next to man holes that have levels of PCB materials Mr Coinsiglio asked if core samples taken will be revealed in March Ms Moynihan said that every coring is revealed now on the website and will also be discussed in March as well as a fish update Mr Coinsiglio asked if all people will be notified Ms McSeveney said the fact sheet will be coming out and they will use the mailing list to contact people in the Drainage District

ADJOURNMENT

Motion by Caron seconded by Rusie to adjourn at pm

Ayes All

KIP C WALBY MAYOR MARY KOTOWSKI CITY CLERK

THE PRECEDING MINUTES ARE A SYNOPSIS OF A CITY COUNCIL MEETING AND DO NOT REPRESENT A VERBATIM RECORD

City Council Study Session February Page of City of St Clair Shores Communication Commission Meeting December

Attendees D Martin B Tegtmeyer G Recor D Rascano E Anderson M J DHerde A Gitschlag Councilman Frederick

Excused S Devine

OLD BUSINESS

D Martin motioned to approve the minutes of October minutes supported by G Recor all approved

The revised Terms of Use for the City of St Clair Shores Facebook page was reviewed by the Commissioners G Recor motioned to The approve supported by D Martin all approved Facebook Terms of Use will be referred to City Council for final approval

The City calendar is sold out with a profit of to It will go to the printer on December the calendar is being delivered a little later than usual in order to include the new Council appointment

photographs were referred to the Macomb Magazine for inclusion in the St Clair Shores ad We have been

advised that one of them will be used for the cover

The DVD recorder is working well and council meetings on DVD are now available

NEW BUSINESS All cable companies except ATT participated in the Emergency Alert System test on November

City of St Clair Shores Communication Commission Meeting December

NEW BUSINESS CONTINUED

The Commissioners acted to recommend the creation of a master tape of City events to be used by City committees to duplicate and sell for fundraising It was also recommended that the City get reimbursement for the cost to produce the tapes and that Council can decide where the dollars go A motion to approve was made by D Rascano supported by A Gitschlag all approved The recommendation will be referred to Council for final approval

A hardcopy of the Federal Social Media Usage and Citizen Satisfaction Update report was provided by MDHerde

A hardcopy of the Public Educational and Government PEG Access Cable Television Channels Issues For Congress report was provided by M DHerde

COMMISSIONER COMMENTS

Councilman Frederick had two conversations with Mayor regarding the research done by the Commission regarding City websites The Mayor seems to agree that the City should take advantage of the work done when determining the next steps with website design AUDIENCE PARTICIPATION None

ADJOURNMENT Motion by D Martin supported by B Tegtmeyer all approved

NEXT MEETING January

Minutes by D Rascano A MEETING OF THE ST CLAIR SHORES CORRIDOR IMPROVEMENT AUTHORITY HELD ON WEDNESDAY APRIL AT PM IN THE GEER CONFERENCE ROOM JEFFERSON AVENUE ST CLAIR SHORES MICHIGAN

PRESENT Raymond DeBates Robert Hison Bradley Kress Duane Michno Paul Miller Nick Puzzuoli Richard Widgren

ADVISORY

Christine Bournias

Liz Koto City Planner Christopher R Rayes Community Services Director

ABSENT Blair came late to make an announcement Joe Goerlich Excused Peter Viviano Excused

CALL TO ORDER

Widgren called the meeting to order at pm

Michno made a motion supported by Miller to excuse Gilbert Goerlich and Viviano AYES All

REVIEW AND APPROVAL OF MINUTES FROM OCTOBER AND NOVEMBER

Michno made a motion supported by Kress to approve the Harper CIA meeting minutes of October

AYES All

HARPER CIA MEETING MINUTES OF APRIL Page Michno made a motion supported by Kress to approve the Harper CIA meeting minutes of October

AYES All

REVIEW OF MONTHLY BUDGET REPORTS NOVEMBERFEBRUARY

Widgren reviewed the budget reports and noted the for the tree grant interest and purchase of trees which were the only activities in the financial report for the fourmonth period He indicated that the original projected revenues over years had changed dramatically with a revenue number closer to due to a significant reduction in property not values Widgren advised he would bring the report up to date as the reports are reflective of true amount of money He noted that these numbers are wrong as no money was collected

during the year

In response to DeBates inquiry about whether the CIA anticipates any collection for it was agreed that is not likely for the next three years left

Kress suggested the possibility of a fund raiser Koto indicated that would be a question for McGow the attorney A discussion took place regarding whether money received could go to the authority or the city Koto agreed to get clarification from McGow regarding donations

to be more of a DeBates noted that with no funds the CIA might take on a role in the future think tank He noted issues like the drafting of the new sign ordinance and the possibility of a color ordinance as ways the CIA might be used

Gilbert came in to say hello and advise he is caring for his wife who just had surgery and will see everyone at the next meeting

APPROVAL OF BILLS NO BILLS

Pizzuoli made a motion supported by Michno to table the approval of the financial report until it is corrected

Kress stated he felt the budget is immaterial and based on the CIAs understanding they know also what the revenues and expenses are and that they have in cash He noted there are no bills to approve

After a discussion about the city budget and property values it was noted that there was a motion on the table and it was agreed that they should vote on the motion to table

HARPER CIA MEETING MINUTES OF APRIL Page AYES All

Widgren stated he would amail the corrected figures which could be enveloped into the new budget

DISCUSSION OF LIGHT THE AVENUE CAMPAIGN AND INCLUSION OF OTHER GROUPS

Miller made a motion to table the discussion of the Light the Avenue campaign until Viviano and Gilbert are here Michno indicated he is no longer associated with the Activities Committee but advised that the committee felt that the presentation was not successful because no one cared and they did not think it was the proper venue for the awards

Bournias inquired as to whether the Activities Committee had any other suggestions Michno said there were none The committee noted there was no attention paid to the presentation and the sound system was no good Widgren indicated these comments would have to be considered for next year

DISCUSSION REGARDING BUSINESS LANDSCAPING CAMPAIGN

Kress stated that his idea is that since it has worked for the most part for the holiday lighting with little or no funds expended it may promote interest in landscaping improvements which last longer than lighting He indicated Millers business as one of the best examples Kress stated landscaping makes the businesses look more vibrant pedestrian friendly and appealing Owners might be encouraged to improve their landscaping by offering expertise such as what plants will survive and possibly a blue print of what landscaping will work

Widgren inquired as to what specifically Kress was proposing Kress stated it would be much like the Christmas lighting with recognition like the mayors corner which is seen by thousands of people and prizes to encourage businesses to improve their own property attract increased awareness and beautification

DeBates stated he had read the minutes regarding the Light the Avenue campaign and He suggested caution about spending money for the postage required to promote this idea noted that the Beautification Committee already gives out awards every year and maybe the CIA could work toward encouraging people to plant a tree Kress advised there are a lot of ways of doing things with little or no money such as amail correspondence or hand delivery

Widgren stated that having a specific plan is the best way to get anything done He stated they will have to determine what will be written how the idea will be communicated to owners

HARPER CIA MEETING MINUTES OF APRIL Page when and who will judge and what will be awarded

Miller questioned how much it cost to send the postcard Koto stated it was approximately Koto advised they did not contract with post the office but she would check with them Pizzuoli noted that all the other committees would like to know about the possibility of obtaining a rate from the post office Koto advised that for the Light the Avenue campaign mailings were sent to the business and property owners Kress indicated that they are only going to get a certain percentage of people interested in the range Michno stated that the holiday lighting program yielded good results

Hison noted that if plantings are to be put in the rightofway someone may have to get with the County and possibly have to set parameters Miller advised he also had to get with CDI Koto agreed that commercial landscape plans in general have to be approved by CDI and she volunteered to get parameters allowable by county

Miller questioned whether there will be enough money to sponsor these events twice a year Kress stated there is the possibility of obtaining sponsors and indicated that at some point they may be able to send all info by amail In response to the subject of amail Koto advised she has pages of amail address from Rubello but he did not send them electronically so they would have to be entered Miller pointed out that amail addresses were requested on the business licenses Koto agreed that CDI has obtained many emails

Hison reiterated that the Beautification Committee awards businesses and residences every HABA year Kress agreed they may want to look for another group as far as judging possibly

Widgren inquired as to whether the authority should meet for the regularly scheduled May meeting or call a special meeting Koto advised planting is not generally done before May which eliminates the need for a special meeting

Bournias suggested checking with the contractor that delivered the city calendars and with the post office for special rates Pizzuoli noted that Rodnick Bros opened a post office Bournias agreed that they may have a program

ELECTION OF OFFICERS

Miller made a motion supported by Pizzuoli to maintain original officers

AYES All

HARPER CIA MEETING MINUTES OF APRIL Page OLD BUSINESS

Michno thanked Koto for a great job in regard to the tree grant applications

Hison inquired as to the status of the tree planting and where they are actually planted Koto agreed to get a list of the tree types and where they were planted Hison suggested the landscaping project could be pitched as a result of winning the tree grant and carrying that work forward

Bournias stated she had spoken to three merchants about the light the Avenue who would like to participate but their electrical is only on the inside DeBates agreed that that is a struggle for property owners He indicated that if there is a rooftop ac or furnace unit lights can plug into that

Miller indicated the HAVEIT commercial needs to be shot again

NEW BUSINESS

DeBates stated that since the origination of the CIA he has had an interest in setting up a BID businesses Business Improvement District which is a way to improve areas on Harper The form their own special assessment district and if more than of the businesses want to pave an alley or build a wall the project is undertaken He advised that that is still in the CIA arsenal

DeBates noted as he has in the past that every time a business changes occupancy the out building must be brought up to current codes He has suggested that when places go of business on Harper or if a business stays vacant for over a year the owner should have to bring the property up to code which would incite landlords to improve the properties

DeBates suggested that if the CIA has no money and it appears that it will be a long time before to new we get money the CIA basically doesnt have a role and should possibly pass ideas on organizations He also suggested the authority might consider HABA the Chamber of on to Commerce the Mack and Nautical Mile groups forming a new group and passing ideas them

the It was agreed that the CIA should be working on more than contests Widgren suggested members each come back with their own ideas on what needs to be done on Harper He be a or another suggested not to worry about costs but just ideas The solution might BID funding system

Kress suggested the possibility of inviting business owners to a brainstorming session Widgren agreed that might result in some concepts to pursue He noted that public grant

HARPER CIA MEETING MINUTES OF APRIL Page money might be available for some items and the most important part of getting grant money is first obtaining city approval and support

Hison advised that City Council will hear a TIFA presentation on the tH

Bournias indicated that with only the CIA might consider inviting businesses that have been there and have sustained on Harper

Michno inquired about Brownfield funds and a discussion followed regarding current and proposed Brownfield projects Koto advised that there is a difference between state and local Brownfield funding and that most locals do not qualify because they are not core cities Hison advised Brownfield changes are proposed by October

Michno inquired as to Grissoms Koto explained renovations are underway for another bar and grill

Widgren advised he will have a corrected budget for the next meeting

AUDIENCE PARTICIPATION

No audience participation

ADJOURNMENT

DeBates made a motion supported by Miller to adjourn the meeting

AYES All

Meeting adjourned at pm

HARPER CIA MEETING MINUTES OF APRIL Page A MEETING OF THE ST CLAIR SHORES CORRIDOR IMPROVEMENT AUTHORITY HELD ON WEDNESDAY MAY AT PM IN THE GEER CONFERENCE ROOM JEFFERSON AVENUE ST CLAIR SHORES MICHIGAN

PRESENT Blair Gilbert came late Joe Goerlich Bradley Kress Duane Michno Paul Miller Nick Puzzuoli Peter Viviano

ADVISORY Liz Koto City Planner Pam Bruce Recording Secretary

ABSENT

Christine Bournias Raymond DeBates Robert Hison Richard Widgren

CALL TO ORDER

Michno called the meeting to order at pm

Miller made a motion supported by Kress to excuse Bournias DeBates Hison and Widgren AYES All

REVIEW AND APPROVAL OF HARPER LANDSCAPING LETTER

Koto asked for comments on the letter as presented Michno confirmed with Koto that the reason for the urgency of getting this letter approved was due to the time frame in which it needs to go out Michno asked Kress who he worked with in putting the letter together to which Kress responded that he drafted it himself emailed it out to the other board members and got responses back via email It was suggested by Kress and agreed upon by the rest ofthe board members that were present to change the second word in the second paragraph from hope to goal No other suggestions were made regarding the letter

HARPER CIA MEETING MINUTES OF MAY Page Michno asked what the procedure is now that the letter is approved Koto stated businesses will have until the end of the summer to make changes to their landscaping Michno asked who was going to field questions on this to which Koto replied she vvould be the contact person

Viviano made a motion supported by Miller to approve the Harper landscaping letter AYES All

OLD BUSINESS

None

NEW BUSINESS

None

AUDIENCE PARTICIPATION

No audience participation

ADJOURNMENT

Kress made a motion supported by Miller to adjourn the meeting

AYES All

Meeting adjourned at pm

HARPER CIA MEETING MINUTES OF MAY Page City of St Clair Shores Jefferson Circle Drive St Clair Shores MI Mayor Phone Fax vvwwscsminet Council Members Robert A Hison Ronald J Frederick Mayor ProTem Beverly A McFadyen Kip C Walby David J Rubello City Manager Peter A Rubino Benjamin M Hughes Candice B Rusie

A REGULAR MEETING OF THE CORRIDOR IMPROVEMENT AUTHORITY

A MEETING OF THE ST CLAIR SHORES CORRIDOR IMPROVEMENT AUTHORITY HELD ON WEDNESDAY AUGUST AT PM IN THE JEFFERSON CONFERENCE ROOM JEFFERSON AVENUE ST CLAIR SHORES MICHIGAN

PRESENT

Blair Gilbert Bradley Kress Duane Michno Paul Miller Nick Puzzuoli Peter Viviano Richard Widgren Robert Hison Mayor

ADVISORY

Joe Goerlich Christine Bournias

Liz Koto City Planner

Pamela Bruce Recording Secretary

ABSENT

Raymond DeBates

CALL TO ORDER

Widgren called the meeting to order at pm

Miller made a motion supported by Michno to excuse DeBates

AYES All NAYES

REVIEW AND APPROVAL OF MINUTES FROM APRIL AND MAY not submitted for board approval

City of Lights St Clair Shores Michigan DISCUSSION OF SUMMER LANDSCAPING CAMPAIGN JUDGING AND AWARDS

Kress brought it to the boards attention that he thought that there was more landscaping on Harper Goerlich confirmed stating that the party store north of Ten Mile put in some new landscaping and if each business did so it would be a great improvement Michno concurred Miller stated that Cold Cow put in new sod and Woodmaster Kitchens has done improvements as well He also stated that Woodmaster was going for the improvement award Widgren stated Vivianos has spruced up their landscaping with lots of flowers and the Valvoline at Harper also did some work What really got his attention however was Sabbys Goerlich and Kress concurred Widgren stated that there are obvious places that have made improvements This also brings out those places that need improvement Widgren asked if there are places that are empty or not being taken care of to get them cleaned up Koto stated there are steps that need to betaken involving code enforcement Widgren inquired if the board could take on a role by suggesting that clean up needs to be done Koto replied that its a legal issue and most of the time these properties are owned by nonresponsive landlordsowners She would not want to put the burden on this board to do that Michno suggested that Mr Ihrie could be asked about this

Widgren complimented Goerlich on his property also Goerlich thanked him and commented along the lines of the previous conversation There are many businesses that have disputes and Koto responded that those would have to be handled as described above

Koto asked who is going to nominate and decide on who is going to be awarded for these improvements They talked about the possibility of the Beautification Commission and that they would like to have the awards handed out in September Michno stated that DeBates asked if people on this board could be part of the nominations and judging Kress stated that it might look skewed having those on the board be nominated or be a judge Widgren suggested that a list be put together of those businesses to be recognized even if they are on the board Viviano stated he doesnt want to be nominated and he feels the Beautification Commission should make the final decision Widgren concurred stating that the board could provide the Commission with a final list and they could make the decision from there Koto suggested that each member of this board forward their recommendations to her by September They would then review the nominations at the next meeting and get the Commission to agree to make the final choices One of the letters that went out to the businesses did state that the Commission would do this Viviano stated that he was the liaison who spoke with the Beautification Commission last time about the Light the Avenue campaign and Lillian Claycomb is very willing to be involved Koto asked everyone to get together parameters for the Commission to look at as well

Widgren summarized for the board what they needed to get to Koto by the deadline of September

DISCUSSION OF LIGHT THE AVENUE CAMPAIGN AND INCLUSION OF OTHER GROUPS

Viviano stated that he had an idea and he ran with it because they didnt have any meetings to discuss this A two page summary was handed out He suggested to the board that Patchcom an online community resource handle the marketing for this campaign The advantage of them coordinating this event is they will take pictures and post the pictures for the businesses They create the website track comments filter comments when needed and create maps for customers online The voting will be clean and easy and people can get coupons for voting and those that vote will also be entered in a grand prize drawing

Viviano further stated that this will result in a lighting campaign that will generate positive exposure This board would still send out a letter to the Harper businesses Advertising will also be done on the City website These contests will generate so much energy for the businesses to get involved The business community as a whole will ask their customers to vote which will hit the news media He also emphasized that this campaign will be for the whole city not just along Harper Avenue He is going to ask all the other city committees to send this information to their members to cut down the mailing list Widgren inquired if funding was going to be required and Viviano stated yes and possibly we could get assistance from Cool Cities Widgren inquired how much he thought this might cost and Viviano stated that he is counting on editorial advertising to get the word out Koto stated she thinks she could get an article in the newsletter that goes to every resident Widgren pointed out that other improvement authorities such as TIFA could contribute funds if needed Koto asked Widgren if TIFA could pay for marketing type expenses and Widgren replied yes Viviano does not think that a large amount of funding will be necessary This is about being simple and very organic and if this doesnt go over well this year then maybe next year more funding would be needed Widgren pointed out that the board has the power of utilizing the Mayors Corner etc to get this out to businesses Kress stated he would rather have the organic methods of advertising be utilized to which Viviano concurred stating that we would still use the previous methods like the Mayors Corner

Viviano stressed that he does not want to exclude the smaller businesses and set up the different categories accordingly Kress commented that it seems that Viviano has done of the work on this already Widgren thinks this is a great idea Michno is all into using all the latest technologies but is concerned that all the businesses may not use the latest technology Viviano stated that Patch will help those businesses with the pictures etc and that voting does not have to be done exclusively online

Viviano stated the he believes the negatives of doing the voting on the web is that businesses cannot have voting on the premises The reality is we want to draw visibility to the different districts but part of what really counts is how many hits Patch gets

Gilbert made a motion supported by Kress to go with Vivianos proposal

AYES All NAYES

Koto emphasized that this committee can only provide funding on strictly Harper projects Michno made a motion supported by Viviano to change the name of this campaign to Light the Shores

AYES All NAYES

Discussion Kress feels that his obligation on this board is to focus on Harper and Light the Shores is too broad Koto suggested that Light the Avenues draws in the whole city and expands on the original campaign Bournias commented that the original logo would go better with Light the Avenues Viviano feels that any name would work but Light the Shores draws people into the city as a whole

current conversation He Hison joined the discussion and was brought up to speed on the thinks this is good for the city and asked who is coordinating this for the whole city Koto stated can that Viviano is going to the other groups in the city to get their input Viviano believes this be a very easy program to manage with the right partner and that its a win win situation by utilizing The Patch Koto inquired what if Nine Mack Merchants didnt want to participate How would that be dealt with Viviano stated that its their loss if they dont want to participate and it can run with or without their participation through The Patch He sees this evolving to where people want to light their businesses and we may find sponsors to light intersections He is actually going to get someone from a lighting company to ride with him up and down Harper to see what the cost would be to light up the different intersections

Kress made a couple more suggestions at different names

Kress made a motion supported by Miller to name the campaign Light the Avenues and underneath In St Clair Shores City of Lights

AYES Miller Kress NAYES Gilbert Michno Puzzuoli Viviano Widgren

Michno commented that Vivianos ideas have been phenomenal and he has been willing to make the suggestions and do the work This board should encourage him Also Ed Cardenas with the Patch is a very positive influence for this city and its great to have him involved

Koto stated that further steps need to be discussed Viviano asked Bournias to do a letter to send out for the next meeting She stated that she already did and she will send it to him to review Koto is also going to send him a copy of the letter from last year At the next meeting the Patch people will be invited The draft of the letter and estimated expenses will be reviewed also

Approval of the last two meeting minutes will also be done

Widgren proposed the next meeting for September and was agreed upon by the board OLD BUSINESS

None

NEW BUSINESS

Kress sent an email to everyone on the board stating that we are always looking for the most bang for the buck In reference to the HAVE banners on Harper possibly look to get smaller banners and have businesses sponsors them and they will have that businesses information on it Figures for the banners at Harper came to about a banner That includes hardware printing design etc that were purchased in Kress proposed doing a smaller banner for which they would have to find a medium to hang them He estimated that if someone wanted to do eight banners it would be about So far the banners have lasted three years for an average cost of a year for day advertising They would add color and a sense of location for travelers up and down Harper

Widgren suggested that he think this through further and draw up a proposal Michno stated that there is more to it than what Kress has brought up such as the labor to put them up and liability costs Goerlich thinks this is a great idea Viviano stated that Chris Rayes had all the signs taken down on Harper to make it look nicer and cant see going back to that Further with businesses sponsoring these they wilt not look consistent and will not be community oriented but business oriented He does think we need to address the flags as they havent been changed in a while but they should be community oriented Kress responded that this would provide a direct benefit to the individual businesses Viviano stated that the sign ordinances also need to be researched Widgren wrapped it up by reiterating that it needs to bethought through fully and a more complete proposal drawn up Then it can be revisited

Goerlich asked if it would be wise to ask other groups to be involved in the nominating process Widgren responded that because of time constraints lets have the board do it this year and maybe next year consider getting others involved in making nominations

AUDIENCE PARTICIPATION

There was no audience participation

ADJOURNMENT

Michno made a motion supported by Miller to adjourn the meeting at pm

AYES All

NAYES

Meeting adjourned at pm A REGULAR MEETING OF THE CORRIDOR IMPROVEMENT AUTHORITY

A MEETING OF THE ST CLAIR SHORES CORRIDOR IMPROVEMENT AUTHORITY HELD ON WEDNESDAY SEPTEMBER AT PM IN THE GEER CONFERENCE ROOM JEFFERSON AVENUE ST CLAIR SHORES MICHIGAN

PRESENT Duane Michno Paul Miller Raymond DeBates Peter Viviano Robert Hison Richard Widgren Bradley Kress

ADVISORY

Joe Goerlich Christine Bournias

Liz Koto City Planner

Caryl Phillips Recording Secretary Ed Cadenas Patchcom Chuck Hall Candidate for Council

ABSENT Blair Gilbert Excused Nick Puzzuoli Excused

CALL TO ORDER

Widgren called the meeting to order at pm

Kress asked that the August minutes reflect he was here at the last meeting

REVIEW AND APPROVAL OF MINUTES FROM MAY AND SEPTEMBER

Koto suggested postponing approval of the August minutes as just a shell was sent

Miller made a motion supported by Kress to table approving the Harper CIA meeting minutes of August

AYES All

City of Lights St Clair Shores Michigan DISCUSSION OF SUMMER LANDSCAPING CAMPAIGN JUDGING CRITERIA AND AWARDS

Widgren went over the criteria for the landscaping campaign and reviewed the tabulation of votes which included

Sabbys Lounge Carusos Hair Styling Woodmaster Kitchens and Halls Nursery from Mile Road

Lakeland Manor Nino Salvaggio and Bagnasco Calcaterra from Mile Road

Vivianos and FME Credit Union from Mile Road

Widgren requested ideas for determining the d choice from Mile Road as there were a number of ties

Michno initiated a conversation regarding the elimination of the pocket park landscaping designed and installed by city contractors

Widgren stated that by his count there are seven businesses within the mile area that had votes Several others had three He indicated that special recognition could go to those in each district and a winner could be considered within the top seven

Michno stated he would like to hear what Kress had in mind as to how winners would be chosen how many would be chosen and how they tie in with patchcom Kress stated he originally thought someone else would judge and did not expect to choose awinner just spur on activity and inspire landscaping Widgren noted the ultimate recognition is to be mentioned by council

A discussion ensued regarding the possibility of the winners being recognized at a council meeting and featured on the Mayors Corner and Around Our Town and a stream of photographs on the citys access station DeBates thought the stream of photographs would provide exposure of all the good looking places on Harper because it plays many times at different times of the day

Miller suggested photographs be taken quickly as the flowers will all be gone in a couple of weeks Michno volunteered to shoot the photos

Widgren voiced concerns in regard to what CIA and the Beautification Commission are doing and the possibility for confusion Hison indicated that the Beautification Commission awards have been ongoing throughout the city and the CIA recognition is a promotion for Harper Avenue Kress indicated the goal is maximum exposure for businesses on Harper

HARPER CIA MEETING OF SEPTEMBER Page DeBates suggested making them all winners and noting thaf the CIA would like to recognize businesses that elevate the status of Harper Avenue Viviano agreed to giving merit to all businesses that participate

Koto advised proclamations will have to be prepared for the first meeting of October She suggested that Michno take the photographs and forward them electronically to her and Ed Cardenas editor with patchcom

DISCUSSION OF LIGHT THE SHORES

Review of draft letter to Harper Ave businesses

Koto advised that the CIA would basically need to review the proposed letter After a discussion regarding amendmentscorrections to the letter and the time frame required to complete the proclamations or certificates for the council meeting it was agreed that Koto will forward an edited letter electronically to CIA members and once approved it will be mailed by mid October

Discussion of campaign with representative from Patchcom

Cardenas gave an overview of the benefits of patchcom He indicated that businesses that register and vote will be eligible for prizes that will be included in a weekly prize pack He advised that businesses that are listed will be included in maps listing businesses and routes to businesses that are lit up for the holiday

Widgren had to leave meeting approximately pm

Kress noted that if this application works for patchcom for the holiday lighting Cardenas might to be encouraged to be involved in the landscape process Cardenas advised he would be able communicate between meetings and perhaps reconvene in January to discuss collaboration for CIA and businesses including photos

Miller inquired as to how the gift cards would be given out Viviano explained it will depend on more winners business participation Cardenas advised they may be bundled or there may be Bournias inquired as to whether the gifts would be in the form of brick and mortar or services Cardenas stated it is an opportunity for contributions for Lighting the Shores and introducing the businesses Viviano inquired as to whether a business would have to be registered to be when part of the contest Cardenas advised the businesses will need to register and that registered with Patch the businesses will have access to update their status and advertise specials Hison advised this experience will be unique because citizens will partake and getting feedback will be interesting Viviano suggested awrapupmeeting

HARPER CIA MEETING OF SEPTEMBER Page Cardenas noted that when people register for this site people would describe their three favorite locations and by registering they provide amail addresses He advised votes would be tallied and the program would provide a running tally

Estimated expenses

Viviano noted CIA funds cannot be used to send the letters throughout the city but indicated that once letter is approved it can be sent electronically to all other groups Widgren had previously stated that letters could be sent and TIFA could be billed

Viviano made a motion supported by Gilbert to allocate for the postage of the Light the Shores letters

AYES All

REVIEW OF FINANCIAL REPORT

Miller made a motion supported by Kress to adjourn approving a financial report until the next meeting

AYES All

OLD BUSINESS

Kress advised that regarding signage after discussing signage the more information he received the more complicated it was

NEW BUSINESS

Koto advised she would be unavailable for meetings in November December and January as she will be on maternity leave

DeBates stated that with new council members and a new mayor he has concerns that they to may propose the elimination of TIFA and CIA He indicated that he felt it may be beneficial draft a report to show what the CIA spends and highlight that it is a good volunteer organization if it is not costing anything DeBates suggested the CIA be used as an advisory board regarding issues on Harper Kress agreed and suggested the report be compiled to show the CIA is made up of X amount of people with X amount of years of business experience and X amount of years of education

HARPER CIA MEETING OF SEPTEMBER Page Viviano suggested the CIA be open for evolution and not stop as a fundamental group He agreed that the members participation has merit and value to Harper and felt that debate of funding is moot

Michno stated he has received comment that Harper has been improving the last couple of years and was advised that the CIA should keep up the good work He pointed out that the CIA is legally established and can get grants

AUDIENCE PARTICIPATION

Mr Hall advised a new dental office will occupy the old Magic Touch Hison advised all new landscaping is proposed in the front of the building

Mr Hall stated he has not been to a CIA meeting previously as a council candidate He indicated there is not a lot of talk about cutting functional groups There is talk directed at TIFA specifically showing that a mindset has changed Mr Hafl advised he has attended a lot of TIFA meetings and has seen a lot of stagnation

ADJOURNMENT

Michno made a motion supported by Miller to adjourn the meeting

AYES All

Meeting adjourned at pm

HARPER CIA MEETING OF SEPTEMBER Page MINUTES CITY OF ST CLAIR SHORES COUNCIL SUBCOMMITTEE ON BOARDS COMMITTEES COMMISSIONS October

PRESENT Council Members Frederick Rubino arrived at pm Rusie and Walby

ALSO PRESENT Deputy City Clerk Jane Brown Recording Secretary Hirzel Cheryl Furdos Memorial Day Parade Committee and Robert Montgomery Chair Memorial Day Parade Committee arrived at pm

CALL TO ORDER

Mr Walby called the meeting to order at pm and a quorum was present

APPROVAL OF MINUTES OF AUGUST

Motion by Frederick seconded by Rusie to approve the meeting minutes of August pending revision of Fredericks to Frederick

Ayes All

INTERVIEWS FOR THE MEMORIAL DAY PARADE COMMITTEECULTURAL COMMITTEE

The Council SubCommittee met with the following applicants Alan Loncar Rosemary Woonton Cynthia not the S Gardner and Ellen Montgomery Judi A Layne and Patricia McGillen were present and Committee would like to reschedule their interviews

The goals and duties of each committee were explained the meeting dates were outlined and the process of appointment and notification was also explained

Each applicant presented their relative background

Mr Walby explained that recommendations for filling the vacant seats will be presented to Mayor and Council at their November meeting

Motion by Frederick supported by Rusie to recommend to Mayor and Council the following appointments to the Memorial Day Parade Committee and the Cultural Committee Alan Loncar Memorial Day Parade Committee Term Ending Ellen Montgomery Memorial Day Parade Committee Term Ending Cynthia S Gardner Cultural Committee Term Ending and Rosemary Woonton Cultural Committee Term Ending

Ayes All

RESIGNATIONSNACANCIESNEWAPPLICATIONS

a ResignationsNacancies

Motion by Frederick seconded by Rusie to receive and file with regret the following resignations

Denise Keck Beautification Committee Mary Jane Amicarelli Communication Committee Stanley Bittner Compensation Commission Lee Bertolo Cool City Committee Kathy Quackenbush Cool City Committee

of Council SubCommittee on Boards October Page Committees and Commissions a ResignationsVacancies Contd

John Stevens Cool City Committee Ronald Woodhouse Fence Committee

Ayes All

b Review of Vacancies

The listing of committeescommissions with vacant seats was reviewed The Council SubCommittee has agreed to discuss who to interview for the Cool City Committee at the November Sub committee meeting

c Review of New Applications

New applications received after last meeting

Betsy Castro Memorial Day Parade Committee Parks Recreation Committee Planning Committee Election Commission Waterfront Environmental Committee Henry Enrique Castro Ethics Ordinance SubCommittee Memorial Day Parade Committee Kiesha Key Election Commission Animal Ordinance General Ret Health Charter Study Communications Committee Rukia Killeen Memorial Day Parade Committee Activities Committee Communication Committee Cultural Committee Justin Kiritsis Cool City Committee Waterfront Environmental Committee Planning Commission Housing Commission Economic Development Robert E McKinley Parks Recreation Commission Peter Stellas Ethics Ordinance SubCommittee Planning Commission

The Council SubCommittee would like to interview Rukia Killeen along with Judi A Layne and Patricia McGillen for the Memorial Day Parade Committee at their November Sub Committee meeting

d Reappointments Expirations

Motion by Frederick supported by Rusie to recommend to Mayor and Council the reappointments of Dennis Karwoski and Bill Miller to the Activities Committee Term Ending Albert Melfi and Steven Scavone to the Board of Review Term Ending Sarah Roberts to the Cool City Committee Term Ending Erik Anderson David Martin and Diana Rascano to the Communications Commission Term Ending Leonard Palermino to the Compensation Commission Term Ending David Baker to the Cultural Committee Term Ending Harold Schwartzenberg to the Golf Course Committee Term Ending Judy Eggly to the Library Board Term Ending Diana Rascano to the MayorsAdvisory Panel Term Ending and Glenda Bobolts and Loraine Johnston to the Older Persons Advisory Com Term Ending

Name Committee Term Ending Date

Karwoski Dennis Activities Committee Miller Bill Activities Committee Melfi Albert Board of Review Scavone Steven Board of Review Robets Sarah Cool City Committee Anderson Erik Communications Com

of Council SubCommittee on Boards October Page Committees and Commissions d Reappointments Expirations Contd

Martin David Communications Com Rascano Diana Communications Com Palermino Leonard Compensation Com Baker David Cultural Committee Schwartzenberg Harold Golf Course Committee Eggly Judy Library Board Rascano Diana MayorsAdvisory Panel Bobolts Glenda Older Persons Advisory Com Johnston Loraine Older Persons Advisory Com

Ayes All

to The Council SubCommittee would like to follow up with the committee members that did not respond the term ending letter and revisit any new responses at the November SubCommittee meeting

OLD BUSINESS

Attendance Reports for Activities Committee Cultural Committee Housing Commission Parks and Recreation and Planning Commission The Committee would like to discuss this issue at their November Sub Committee meeting

Ms Rusie has requested attendance reports going further back They would also like to discuss excessive absences on committees revisit the policy on attendance and howwhen to start enforcing the policy

NEW BUSINESS

a Annual Reports Attendance Reports sent by email The Committee members agreed that they had received and reviewed the Annual Reports Attendance Reports

b Approval of Meeting Dates for

Motion by Frederick supported by Rusie to approve the Meeting Dates

All

PUBLIC COMMENTS

None

ADJOURNMENT

Motion by Frederick supported by Rusie to adjourn the meeting at pm

Ayes All

Prepared by Reviewed by Tina Hirzel Mary A Kotowski Recording Secretary City Clerk

Council SubCommittee on Boards October Page of Committees and Commissions MINUTES OF THE ANNUAL MEETING OF THE ST CLAIR SHORES CULTURAL COMMITTEE

MacHarg Room St Clair Shores Public Library Wednesday January

PRESENT

Chairperson Tina Stellas ViceChairperson David Baker Secretary James Carron Treasurer Edmund Stanczak

Members Carla LaGodna Cindy Gardner Rosemary Woonton City Librarian Rosemary Orlando Recording Secretary Mary Stachowiak

EXCUSED

Members William Nearon Larry Zelensky

ALSO PRESENT

Kelly Saullo

I ROLL CALL

Chairperson Stellas called the meeting to order at pm

II ADOPTION OF AGENDA

It was moved by LaGodna supported by Carron to adopt the agenda

Ayes Baker Carron Gardner LaGodna Stanczak StellasWoonton Nays None Motion carried

III APPROVAL OF THE MINUTES

It was moved by LaGodna supported by Carron to approve the minutes of the regular meeting held on November

St Clair Shores Cultural Committee Wednesday January Page of Ayes Baker Carron LaGodna Stanczak Stellas Nays None Motion carried

IV FINANCIAL REPORT

Treasurer Stanczak reported an account balance of

Stanczak reported that the Committee brought in from the Art Mart but they have not yet been billed for the rent for the building space The Committee purchased an advertisement for Art Mart from C G Newspapers for The Committee also purchased one Film Movement film for and paid Stewart McMillan for the Cemetery Tour

It was moved by Carron supported by LaGodna to receive and file the financial report

Ayes Baker Carron Gardner LaGodna Stanczak Stellas Woonton Nays None Motion carried

V CORRESPONDENCE

None

VI OLD BUSINESS

A Film Movement

Chairperson Stellas stated that Zelensky is interested in viewing the films prior to being shown Orlando will email Zelensky about picking up the films from the Library

Orlando distributed the flyers for the February and March films for the Committees approval The January film Karen Cries on the Bus is Columbian and will be shown on Thursday January at pm The February film Protektor is Czech and will be shown Thursday February at pm

Orlando reported that twelve people attended the November film and nine people attended the December film

It was moved by Carron supported by LaGodna to approve the flyers for the February and March films

Ayes Baker Carron LaGodna Stanczak Stellas

St Clair Shores Cultural Committee Wednesday January Page of Nays None Motion carried

B Cemetery Tour

Chairperson Stellas reported that after numerous attempts the Committee finally received an invoice from Stuart McMillan for the Cemetery Tour The invoice was given to Orlando and payment was requested After paying the docent the Committee made a profit of from the tour The Committee discussed the ticket cost ofthe tour

C Cultural Committee Logo and Website

Baker reported that he has incorporated Zelenskys logo design into the Committees website He will use Zelenskys logo and site organization with his template Baker has a free web address where he can post samples of the website He asked Orlando if instead ofposting photos on the website it would be possible to it to the Committees page on the Librarys website Orlando replied that if the Committee has a website then the Librarys webpage will direct viewers to the Committees website Once the website is completed the Committee will have to choose a domain name Some examples are wwwscslifecomor or wwwscsculturecomorsetc For now Baker can host the site on his server LaGodna and Baker will send Orlando the logo designs electronically so she can place it on the letterhead

D Art Mart

Chairperson Stellas thanked Orlando LaGodna and Gardner for their hard work She reported that the Art Mart had a nice turnout but she would like to see a few more artists and a better space that has more traffic LaGodna stated that there were fewer artists because many of the artists had low inventory they need more advance notice A discussion followed about potential spaces for next year such as a space in Lakeshore Plaza or a space by the Whistle Stop and the bulk food store LaGodna stated that the original agreement with the owner of the space was that the Committee would not pay more than The owner stated that he would knock off since there was no water in the building LaGodna is going to ask him to knock off another since she does not think the Committee used more than worth of heat Chairperson Stellas also reported that the sign for Art Mart disappeared Gardner stated that next year she would like to get a big banner The advertisement in the St Clair Shores Sentinel generated traffic LaGodna reported that all the artists made at least Gardner stated that if the Committee continues to organize the Art Mart they will continue to build a presence

Chairperson Stellas reported that the Committee received an amail from Diane

St Clair Shores Cultural Committee Wednesday January Page of Sanders stating that she would like to participate in Art Mart

E Historic Church Tour

Carron gave Chairperson Stellas the contact information for a woman who conducts historic church tours Stellas will send the information to Gardner who has agreed to help plan the tour

VII NEW BUSINESS

A Review of Cultural Committee Roster

Orlando asked the Committee Members to review the roster and let her know if changes need to be made

B Blue Lake

LaGodna reported that she received the schedule for Blue Lake International Exchange Program Only four groups will be visiting a theater group a choir a big band orchestra and a ballet group The smallest group is twenty people and the Committee would have to rent an auditorium to host a performance The Committee decided to not host exchange students in

VIII COMMENTS BY INDIVIDUAL COMMITTEE MEMBERS

Baker reported that he will be meeting with a pianist and a violinist to examine the possibility of performing together as a Committee sponsored event He asked if it would be possible to pay the pianist and violinist each which could be offset by donations He suggested St Margarets of Scotland Church as the venue which was used in the past to host a Committee sponsored concert

Orlando reported that the Friends of the Library purchased a public performance license for movies The library will host kids movies on Saturday new releases on Thursday and classic movies on Friday in the meeting room

Orlando reported that the Historical Commission is starting a marker program where a house built before can get a marker for Information packets are available at the Library

Orlando reported that there will be a cooking demonstration at SelinskyGreen Farmhouse on Saturday January from pm to pm and a candle making demonstration on Saturday February from pmto pm Orlando reported that the Historical Society will be having their annual meeting with a program in May

St Clair Shores Cultural Committee Wednesday January Page of Orlando reported that the Historical Commission put together a Historic Tour Map of Jefferson Avenue which will soon be available for purchase

Chairperson Stellas reported that she spoke to Nearon and explained that the Committee needs members who can actively participate with the Committee Nearon understood the Committees need and resigned from his position Chairperson Stellas thanked him for his time on the Committee Nearon gave a verbal resignation and Chairperson Stellas will ask him to put his resignation in writing

There are now two vacancies on the Committee

IX AUDIENCE PARTICIPATION

Gardner suggested sponsoring an Open Mic Night A discussion took place regarding whether to charge attendees or participants Gardner felt the Jefferson Yacht Club would be a perfect venue to hold the event LaGodna stated the Committee can charge a fee at the Jefferson Yacht Club but not at a City venue Baker and Gardner stated that they have friends who have organized and participated in an Open Mic Night and they will gather information on this topic

X ADJOURNMENT

It was moved by Carron supported by LaGodna to adjourn the meeting at pm

Ayes Baker Carron LaGodna Stanczak Stellas Nays None Motion carried

Respectfully Submitted

James Carron Secretary

St Clair Shores Cultural Committee Wednesday January Page of MINUTES ELECTION COMMISSION MEETING WEDNESDAY NOVEMBER

PRESENT Commissioners Carpenter Descamps Kotowski and Ihrie

ALSO PRESENT Election Assistants Fingel Frahm and Wilde Recording Secretary Brown

ABSENT AND EXCUSED Commissioner Slater

Call to Order

Ms Kotowski called the meeting to order at pm and a quorum was present

Motion by Ihrie seconded by Descamps to excuse Commissioner Slater from this meeting

Ayes Absent and Excused Slater

Approval of Minutes of Election Commission Meeting of

Motion by Carpenter seconded by Descamps to approve the minutes of as presented

Ayes Absent and Excused Slater

Conduct Public Accuracy Test

Tabulators Tabulator AV Tabulator AV and Tabulator AV were selected for the public test

Ms Carpenter examined and verified the seal on the preliminary test materials seal from the test deck ballot box was cut

City Clerk Kotowski requested that test decks from three City districts Lakeview Lake Shore and South Lake be tested Seal was cut and the respective cards were removed and inserted in order into AV AV and AV Mtabulators

The public tests were run by Precinct test deck was run on M City property no by Becky Wilde Precinct test deck was run on M City property no by Grace Descamps Precinct test deck was run on M City property no by Denise Carpenter Lakeview AV test deck was run on MAV City property no by Cindy Fingel Lake Shore AV test deck was run on MAV City property no by Bebe Frahm South Lake AV test deck was run on MAV City property no by Robert Ihrie

The AV memory cards going to the counting board were sealed with seal

The Commissioners compared the result tapes to the test deck information The memory cards were loaded into the accumulation software and compared against the predetermined results

The Public Accuracy Test results were approved and signed by the Election Commission and all test materials were sealed in a ballot box with seal

Motion by Ihrie seconded by Descamps to certify the Public Accuracy test results

Ayes Absent and Excused Slater

of Election Commission Meeting November Page Audience Participation none

Adjournment

Motion by Carpenter seconded by Ihrie to adjourn the meeting at pm

Ayes Absent and Excused Slater

Prepared by Reviewed by Jane Brown Mary A Kotowski Recording Secretary Chairwoman City Clerk

Election Commission Meeting November Page of City of St Clair Shores Memorial Day Parade Committee Meeting Minutes January

Chairman Montgomery called meeting to order January Pledge of Allegiance was said by all in attendance

Secretary Travis called roll Present Chairman Bob Montgomery Vice Chair Debbie Cottrell Recording Secretary Liesle Travis Corresponding Secretary Kathe Travis Treasurer Chuck Hall Cheryl Furdos Nate Kaczmarek Dennis Krasnicki Jr Chad Miller Sue Nesbitt George Recor Dave Rubello Ellen Montgomery Alan Loncar Guests Dennis Oster Jamie Victory Absent

Eleonore ElleroGroth city manager Ben Hughes city liaison Candice Rusie city liaison John Caron

Chairmans Report US Navy Band may be participating in this years parade will continue to keep in touch for further details

Bills and Communications Treasurer Hall no change in amount will continue to work on allocation for each committee

Motion by Dennis to approve Treasurers report second by Recor i Discussion there was a request for bowling fundraiser the report should read Motion carried

HABA expo cancelled this year

Approval of Minutes Motion by Miller to approve January minutes second by Cottrell Motion carried

Committee Chair Report Volunteer Nesbitt contacted superintendents to seek out volunteers from the schools a Cottrell Waiver is not necessary for the volunteer packet per Bob Ihrie Concession Loncar city approved vendor ordinance waiting for the application from council and then letters will be going out will continue to investigate potential vendors a E Montgomery if vendor is interested who should they contact b Loncar me Fundraiser Cottrell

a Novelties mock order i Motion by Cottrell to allot to purchase novelties second by Nesbitt Discussion novelties can be used for next year

a Motion carried b Sponsorship letters went out c Parade book City of St Clair Shores Memorial Day Parade Committee Meeting Minutes January

i Motion by Cottrell to go with vendor B to print parade book second by Furdos Discussion sample of potential parade book printer a Motion carried ii Motion by Cottrell to allot for the printing of parade book second by Nesbitt Motion carried d Potential golf outing May at St Clair Shores Country Club i Motion by Cottrell to allow her to continue to investigate second Rubello Motion carried e Mystery dinner Jasen Magic magician tentatively Apri magic show at a high school or two smaller dinner shows at Rojo Tues or Wednesday i Motion by Cottrell to continue investigate this fundraiser second by Hall Motion carried Advertising Furdos a Logo contest entry from LHS date extension January to all the high schools to submit entry b Motion by Furdos to make a request allotment for tshirt printing and postersadvertising second by Kaczmarek i Motion carried Sailing Thru the Shores liaison L Travis approval by the city will be sending out sponsorship letters shortly updating website and advertising through Internet Logistic lineup Krasknicki Rubello Miller a Application will be updated and accessible online b No storage available at this time for the parade items continue to look for storage location including for our float c Sent out applications for potential participants

Audience Participation Dennis Oster President of the Lions Club th year under the same charter oldest service organization in the county meet second and fourth Tuesday at Gilberts Lounge side room next meeting is January th to be a member to must be invited

Motion by K Travis to adjourn this meeting at second by Krasnicki Motion carried

Respectively submitted Liesle Travis Recording Secretary MINUTES OF THE

CITY OF ST CLAIR SHORES ZONING BOARD OF APPEALS Thursday January

Present Absent Mark Foster Chairman Thomas McKenney Duane Michno Vice Chairman Randy Pullin Secretary Bill Lince Dominic Calcaterra Alternate Steve Scavone Also Present Peter Stellas Chris Rayes Community Services Director Lee Bertolo Alternate Calvin Brown City Attorney Kathy Peck Recording Secretary

Call to Order

Chairman Foster called the meeting to order at pm roll was called and a quorum was present The Pledge of Allegiance was said by all Mr Foster advised the petitioner that a full board was not present and he could have the option to come back next month Mr Bricolas replied that he would like to have his case heard this evening

It was moved by Commissioner Scavone supported by Commissioner Stellas to excuse Commissioners Calcaterra McKenney and Pullin from tonightsmeeting January

Ayes AI I Motion carried

Chairman Foster read a statement to the petitioner prior to his case indicating that it is understood by the Zoning Board of Appeals that his presence here tonight constitutes that he is a legal representative of the petitioner and that each statement of intent promise andor pledge made by the petitioner or agent shall be a condition of approval The petitioner agreed to this statement

Case No BRICOLAS LOUIS Harper

Re ASSESSORSPLAT NO LOTS LIBER PAGE

Location West side of Harper south of Nine Mile Road

REQUEST Petition to request a height variance to allow building height and variance to allow materials not permitted in Harper Avenue Overlay District Zoning Ordinance Harper Avenue Overlay District Building Height and Harper Avenue Overlay District Building Walls

Mr Bricolas Harper St Clair Shores stated he has been remodeling Gilberts inside for the past years but it has been more of a hodgepodge GilbertsLodge will be celebrating its th Anniversary in May and he would like to remodel the exterior and make it more consistent with the interior decor and have it blend in well with the surrounding neighborhood Mr Bricolas would like to add some height to the building and instead of having poles he would like large logs Existing trees planted in have gotten large and it is now difficult to see his establishment He would like Gilbertsto have more of a presence but most architectural drawings submitted to him were too confining He liked the last drawing and feels the extra would help to make the building a landmark which it would deserve after years Mr Bricolas also would like to put in a large bear and needs the extra to do that as well Without the extra footage he could only

Zoning Board of Appeals January Page of have a bear which would be far less impressive as he would like to be known as the place with the bear Mr Bricolas stated the neighbors would not be affected there will not be any bright lights and he would have even less signage The architect also feels there is too much rock and stone surrounding the building and suggested breaking up the look by adding some wood at various intervals for a more rustic look

Audience Participation James Goodfellow Lakeland stated Gilbertshas been there for many years and Mr Bricolas is trying to make additional improvements He feels the building next door is approximately the same height and hopes the Board will approve this proposed improvement

Correspondence None

Commissioner Scavone asked how Mr Bricolas handles smoking he replied that the smokers will remain in the front and the patio will be left as it is Commissioner Lince asked if the wood trim is existing Mr Bricolas replied it will be new wood and will be placed along both sides where the building comes to a point which will be put into break up the stone Commissioner Michno asked if the type of wood allowed is addressed in the Harper Overlay Mr Rayes stated it is not Mr Michno asked if the Board should separate the motion into Mr two parts and was informed it would be up to the Board Commissioner Michno pointed out to Bricolas that there were four places on the application that were blank He feels all information should be included prior to submission to CDI and suggested that Mr Bricolas be more specific with his plans in the future Mr Rayes added that T siding is the only concern Commissioner Lince commented that if the Board was being could particular about the type of wood used how the person who installed a stockade fence on Harper get away with it Mr Rayes replied that the stockade fence was erected without a permit and will be torn down shortly Mr Bricolas chose to go about this the right way Commissioner Scavone added that roughsawn wood goes with the theme of the lodge He feels it is a beautiful building which has been systematically updated through the years It was asked if there is any provision in our Zoning variance for towers as it seems like such a small amount ofsquare footage going up over the limit In some cities if it less than so many square feet it is separated Mr Rayes replied generally it is considered part of the structure and can go if it were a sign he would be permitted to go Mr Bricolas needs a variance for the bear since it would be considered a sign Chairman Foster called for a motion and recommended that the motion be consolidated into one

It was moved by Commissioner Scavone supported by Commissioner Lince to approve the request fora height variance to allow building height and variance to allow materials not permitted in Harper Avenue Overlay District and not to allow T or x sheet wood panels due to the practical difficulty that this request is in keeping with the building itself its name and theme of the business at Harper

Ayes All Motion carried

Other Business

It was moved by Commissioner Lince supported by Commissioner Stellas to approve the Minutes of the December meeting as presented Ayes All Nays None Motion carried

Commissioner Scavone asked if the smoking room was inspected yet for a previously approved case per the Boardsrequest Mr Rayes stated he will find out and email the Board Vice Chairman Michno noted the previous discussion regarding the difference between a board and commission He asked if that pertained to that particular meeting only as to whether or not the Chairman could make a motion Mr Brown replied that it would apply to every meeting Mr Michno noted this is against everything the Board has ever done

Zoning Board of Appeals January Page of Audience Participation None

Adjournment It was moved by Commissioner Scavone supported by Commissioner Bertolo to adjourn the meeting at pm Ayes All Nays None Motion carried

Zoning Board of Appeals January Page of Council Meeting February

Item Nof Request to set Public Hearings for vacation of Public Allevs on April asfollows

i PPC SAD B C Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see page ii PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see page iii PPC SAD A Public Alley east of through Harper retaining all public and private easements by the City of S Clair Shores see pages iv PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see pages v PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see pages vi PPC SAD Public Alley west of through Harper retaining all public and private easements by the City of St Clair Shores see pages vii PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see pages viii PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see pages ix PPC SAD Public Alley east of through Harper retaining all public and private easements by the City of St Clair Shores see pages

RESOLUTION To set the public hearing for the Public Alley Vacations on April as noted above

Motion by Seconded by

VOTE AYES

NAYS

ABSTAIN

ABSENT Prepared by Mary A Kotowski City Clerk i Date February CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January PPC REQUEST FOR VACATION OF PUBLIC ALLEY request to vacate the public alley east of through Harper retaining all public and private easements by the city of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide and including an additional feet in length and feet of width from lot of the Heffner Flemmings Glenhurst subdivision The alley is located within the parking lot that abuts through Harper between Gaukler and California The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing the request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southeast of through Harper between Caulker and California approximately feet long and approximately feet wide and including an additional feet in length and feet of width from lot of the Heffner Flemmings Glenhurst subdivision All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District B C Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained f so N No i ep V X I S i C e gss c g Q so ro l i l a i r

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CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January PPC REQUEST FOR VACATION OF PUBLIC ALLEY request to vacate the public alley east of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide The alley is located within the parking lot that abuts through Harper between Maxine and California The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing the request wilt the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying northeast of through Harper between California and Maxine approximately feet long and approximately feet wide All public and private easements for egress utility and maintenance to be maintained Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained ip VJ N

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DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January

PPC REQUEST FOR VACATION OF PUBLIC ALLEY East of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide adjacent to Lot of the Maple Park Subdivision The alley is located within the parking lot that abuts through Harper north of Maple The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing the request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southeast of through Harper north of Maple feet long and approximately feet wide adjacent to Lot of the Maple Park Subdivision All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District A Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained d K v o S N N N

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s CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M HannanCity Planner

SUBJECT Plan Review for January PPC REQUEST FOR VACATION OF PUBLIC ALLEY request to vacate the public alley east of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide adjacent to Lot of the Centennial Farms Subdivision The alley is located within the parking lot that abuts through Harper south of Centennial The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing the request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southeast of through Harper south of Centennial Drive feet long and approximately feet wide adjacent to Lot of the Centennial Subdivision All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained

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p S so S I g J n so CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January

PPC REQUEST FOR VACATION OF PUBLIC ALLEY East of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide adjacent to Lot of the Centennial Farms Subdivision The alley is located within the parking lot that abuts through Harper north of Centennial The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing the request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legs representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Altey lying southeast of through Harper north of Centennial Drive feet long and approximately feet wide adjacent to Lot of the Centennial Subdivision All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained M y I R i L A i I f I i I I ao ao d I I ao YT J a a ao zo A ao Zh E DE pV so AtExAN

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a x i i i l OS t i j CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January

PPC REQUEST FOR VACATION OF PUBLIC ALLEY West of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide adjacent to Lot of the Centennial Farms Subdivision No The alley is located within the parking lot that abuts through Harper north of Centennial The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Punning Commission Chairman Please read this statement into the record prior to reviewing the request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southwest of through Harper north of Centennial Drive feet long and approximately feet wide adjacent to Lot of the Centennial Subdivision No All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained T

is R t yIj I S D I I b DG Y R ozs I T I I X t D o d I R R ni c I aIG u li tt Y n LS B t R III UO I eo ac I I I i R ap so sa aso I Rp V E fiZo n s esps N mo I C k pC RZ a

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y AVE G a a I SUNNYDALEBe l z p a A I rv Ip I o vaP ac a p I ao a D S I i iJ li t lf rn I L oa s a I Inz I I CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January

PPC REQUEST FOR VACATION OF PUBLIC ALLEY East of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide adjacent to Lot of the Walter C Hofer Subdivision The alley is located within the parking lot that abuts through Harper north of Maxine The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to this with the etitioner reviewing request N

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southeast of through Harper north of Maxine feet long and approximately feet wide adjacent to Lot of the Walter C Hofer Subdivision All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained N

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C n CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January PPC REQUEST FOR VACATION OF PUBLIC ALLEY East of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet wide adjacent to Lot of Heffner Flemings Glenhurst Subdivision The alley is located within the parking lot that abuts through Harper and is bound by Alger Avenue on the north The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing the request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southeast of through Harperfrom Ten Mile Road south approximately feet long and approximately feet wide All public and private easements for egress utility and maintenance to be maintained Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained zo Ea

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tC SD A sc cp CO CITY OF ST CLAIR SHORES MEMORANDUM

DATE January

TO PLANNING COMMISSION

FROM Heidi M Hannan City Planner

SUBJECT Plan Review for January

PPC REQUEST FOR VACATION OF PUBLIC ALLEY East of through Harper retaining all public and private easements by the City of St Clair Shores

The city is requesting vacation of an alley approximately feet long by feet vvide The alley is located within the parking lot that abuts through Harper and is bound by Nine Mile Road on the north The vacation of this alley would transfer the ownership of the alley from the city to the private owners of the parking lot The petitioner is requesting that all easements including but not limited to egress utility and maintenance private be maintained

Planning Commission Chairman Please read this statement into the record prior to reviewing this request with the petitioner

The Planning Commission and City Council understand that your presence here tonight constitutes that you are a legal representative of the petitioner for Planning Case PPC Each statement of intent promise andor pledge made by you the petitioner or agent either orally or in writing if permitted by Ordinance shall be binding upon the petitioner and shall be a condition of said referenced approval

Legal Description Public Alley lying southeast of through Harperfrom Ten Mile Road south approximately feet and approximately feet wide All public and private easements for egress utility and maintenance to be maintained

Background The parking lot that is adjacent to through Harper is Special Assessment District Parking lot The lot is owned jointly by the property owners of through Harper These owners work with the city on joint maintenance and repair contracts as well as lighting contracts Though the property is privately held there is an alley that is located wholly within the lot that is still considered city property There is no need to maintain the alley as access to the property can be sought from several locations

Staff recommends the vacation of the alley with all private and public easements maintained Y I aa ztsol z u p C s so SF I too ratar p I V L ea t j s a s zlsts d J q s s esa te jie

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