Regular Meeting of the City Commission Monday, February 13, 2017 7:00 P.M

Regular Meeting of the City Commission Monday, February 13, 2017 7:00 p.m.

AGENDA

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PROCLAMATIONS AND PRESENTATIONS: 1. Introduction of Director of Public Safety and Police Chief Paul Lauria and PEAK Program Coordinator Mary LaChance. 2. Presentation of Neighborhood Mini Grant to Westside Beautification Club. 3. Proclamation in support of Peacemaking Recognition Day February 27, 2017. 4. Presentation and launch of MP City Link by Public Relations Coordinator Molli Ferency.

ADDITIONS/ DELETIONS TO AGENDA:

PUBLIC INPUT ON AGENDA ITEMS:

RECEIPT OF PETITIONS AND COMMUNICATIONS: 5. City Manager report on pending items. a. Tobacco Free Zone Policy report 6. Minutes of the Parks and Recreation Commission (November). 7. Resignation of Rick McGuirk term to expire (December 31, 2017) from the Principal Shopping District and Tax Increment Finance Authority.

CONSENT CALENDAR: DESIGNATED (*) ITEMS

CITY COMMISSION MINUTES: * 8. Approval of the minutes of the regular meeting held January 23, 2017. * 9. Approval of the minutes of the closed sessions (3) held January 23, 2017. * 10. Approval of the minutes of the special meeting held January 24, 2017.

PUBLIC HEARINGS: 11. Public hearing on request to rezone 205, 209-219 E. Bellows from C-1 (Local Business) to M-2 (Multiple Family Residential) and 1021 S. University from P- 1 (Vehicular Parking) to M-2 (Multiple Family Residential) and consider approval of the same.

City Commission Agenda February 13, 2017 Page 2

STAFF RECOMMENDATIONS AND REPORTS:

* 12. Bids and Quotations a. Road Salt b. Three Leaves Drive and Denison Drive Street Rehabilitation c. Forest Lane Reconstruction

13. Consider authorization of an amendment to the contract with Town Planning & Urban Design Collaborative (TPUDC) for the Downtown Vision Plan.

* 14. Consider resolution to adopt Central Drive as a City street.

15. Consider authorization of an amendment to the contract with Spicer Group for project management of the Mt. Pleasant Center property for 2017.

* 16. Consider amendment to airport snow removal contract.

* 17. Consider recommendation from the Planning Commission to appoint Corey Friedrich as the representative of the Planning Commission to the Zoning Board of Appeals.

18. Consider resolution to approve facility license agreements.

* 19. Consider updated travel policy for City Commission business.

20. Consider appointments to the various City Boards and Commissions as recommended by the Appointments Committee.

* 21. Approval of payrolls and warrants.

ANNOUNCEMENTS ON CITY-RELATED ISSUES AND NEW BUSINESS:

PUBLIC COMMENT ON AGENDA AND NON-AGENDA ITEMS:

RECESS:

CLOSED SESSION: (None Scheduled)

RECESS:

WORK SESSION: 22. Mt. Pleasant Municipal Airport Rules and Regulations. 23. Format, location and priorities for work sessions.

ADJOURNMENT:

MEMORANDUM

TO: Nancy Ridley City Manager

CC: William R. Mrdeza Director of Community Services and Economic Development

Glenn Feldhauser Director of Public Safety

FROM: Jacob Kain City Planner

Lt. Mike Dunham Neighborhood Resource Unit

DATE: January 27, 2017

SUBJECT: Neighborhood Mini Grant Award

In 1999, the City received a 2% grant to establish an endowment fund for the purpose of strengthening capacity within neighborhoods. This fund has permitted the City to award mini grants of $500 or less to several different neighborhoods.

The City has received a request from the Westside Beautification Committee to support the planting of perennial flowers in the neighborhood and hold a neighborhood picnic. This is the second mini-grant award of 2017.

Requested Action:

At the February 13, 2017 City Commission meeting, request that the Mayor present the ceremonial $500 mini grant check to the Westside Beautification Committee.

PROCLAMATION

WHEREAS, Peacemaking is an action, activity, event, or way of life which reduces or leads to a reduction of violence and contributes to a more cooperative and just way in which we live together; and

WHEREAS, Peacemaking is a lifelong process that begins with ourselves; and

WHEREAS, We live in a time when violence, hatred, and crime dominate the public media, and these attitudes are pervasive in our and our children's world view through television, movies, toys, popular music, videos and video games; and

WHEREAS, We would all prefer to live in peace in our physical and social environments in a way which honors and respects others and their differences as well as ourselves; and

WHEREAS, Our youth have an inherent idealism to make this a better community, country and world in which to live;

NOW, THEREFORE, I, Mayor of the City of Mount Pleasant, do hereby proclaim February 27, 2017

PEACEMAKING RECOGNITION DAY

in Mount Pleasant and affirm that the peacemaking efforts of its youth are valued and appreciated in that these efforts contribute significantly to the quality of life in Mount Pleasant, and

FURTHER, The City Commission supports the non-violent resolution of misunderstandings and conflicts whenever and however they occur, as demonstrated by the life of Martin Luther King, Jr.

In Witness Whereof, I hereunto set my hand and the Great Seal of the City of Mount Pleasant, Michigan, this 13th day of February, 2017.

______Kathleen Ling, Mayor City of Mount Pleasant, Michigan COMMISSION LETTER #030-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CITY MANAGER REPORT ON PENDING ITEMS

SHORT DESCRIPTION OF TOPIC MEETING TOPIC WAS AGREED TO REQUESTED DUE DATE STATUS AS OF 2.9.17

Zoning text changes regarding redevelopment of non- September 28, 2015 May 2017 conforming properties (Report every 6 months on how new ordinance language is working) Solid Waste Ordinance Changes August 8, 2016 Staff to identify how many dumpsters exist on paved residential alleys and whether there is connection between alley condition and dumpster pickup Outdoor Burning Ordinance September 12, 2016 work session Ordinance drafted for Staff to research other communities’ outdoor burning January 9 work session. ordinances to consider additional language that would Work session discussion for allow for wood fires under certain circumstances January 9 was postponed. Tobacco Free Zone Policy February 8, 2016 meeting February 2017 Staff and Parks and Recreation Commission to provide Report attached. report on effectiveness of policy Purchasing Policy October 10, 2016 meeting Before April 2017 Recommend policy options for situations involving contracts/purchases with City employees or companies involving City employees Service Clubs November 2 special meeting work in 2017 Staff to develop internal policy regarding City paid service session club memberships Street Design November 2 special meeting work By first quarter 2017 for Staff to propose guidelines/ best practices for street session future projects. design Tax Capture Board November 2 special meeting work 2017 Report on indicators to determine whether tax capture session investments are effective and services provided are not duplicative

COMMISSION LETTER #030-17 MEETING DATE: FEBRUARY 13, 2017 Page 2

SHORT DESCRIPTION OF TOPIC MEETING TOPIC WAS AGREED TO REQUESTED DUE DATE STATUS AS OF 2.9.17

Brownfield Policy November 2 special meeting work 1st quarter 2017 Joint discussion scheduled Schedule joint meeting with Brownfield Redevelopment session for February 27, 2017 Board and discuss potential policies to limit future Brownfield eligible expenses Fee Setting Policy November 2 special meeting work by March 2017 Research policies for setting fees and charges and session recommend policy for consideration before analyzing future fee adjustments Building Inspections November 2 special meeting work in 2017 No fee changes until above policy agreed to and analysis session is complete. Review whether there is value in “one stop shopping” by contracting with the county to do building inspections in coordination with the electrical, mechanical and plumbing inspections they already do

Rental Housing Unlicensed Rentals November 2 special meeting work by end of 2016 Public Hearing January 9, Draft ordinance amendment and resolution to set session Consideration postponed graduated penalties to impose when unlicensed rentals until work session discussion are identified Rental housing initial approval of converted units November 2 special meeting work mid-2017

Recommend ordinance amendments to require session

mechanical, electrical and plumbing inspections for all converted dwellings before first license is obtained Rental licensing fees November 2 special meeting work Recommend increased rental licensing fees based on full session direct cost plus appropriate overhead and develop a tier structure to allow for reduction in future licensing fees and/or less frequent inspection  Staff recommend criteria for tiers Late February 2017  Staff recommend fee structure to Late February 2017 cover full direct cost of fire inspection (as calculated in 2016) with appropriate overhead calculation  City Commission decide discount Early March 2017 % for silver and gold tier  Staff draft resolution for increased Mid-March 2017 fees and structure based on tiers  City Commission consider and April 1, 2017 approve increased fees and tier structure  Increased fees go into effect July 1, 2017 based on bronze level COMMISSION LETTER #030-17 MEETING DATE: FEBRUARY 13, 2017 Page 3

SHORT DESCRIPTION OF TOPIC MEETING TOPIC WAS AGREED TO REQUESTED DUE DATE STATUS AS OF 2.9.17

 All properties for 2017-18 would July 2017- June 2018 be in bronze tier and based on the quantifiable measures collected during 2017-18 could “earn” way into silver or gold tier for the following year Downtown Planning November 14 work session Proposal on this agenda.  Provide proposal from TPUDC for contract amendment to include Draft timeline is as follows: advanced design concepts for downtown redevelopment sites Month 1  Timeline for RFP development for • DDA and PSD/CBD- a retail target market analysis for TIFA meetings both Mission Street and • Discussion of Downtown. purpose and benefits of conducting a Retail TMA • Discussion of interest in funding • Discussion of elements to include in RFP Month 2 • Report back to City Commission on progress • Prepare draft RFP based upon common elements of a Retail TMA

Month 3 • DDA and PSD/CBD- TIFA meetings • Review draft RFP and budget amendments, if any

Month 4 • City Commission review draft RFP and discuss funding COMMISSION LETTER #030-17 MEETING DATE: FEBRUARY 13, 2017 Page 4

SHORT DESCRIPTION OF TOPIC MEETING TOPIC WAS AGREED TO REQUESTED DUE DATE STATUS AS OF 2.9.17

• Release RFP

Note: Waiting for appointments to both downtown boards before initiating Cameras/Security November 28 work session Early 2017 Staff to work with insurance company to recommend an overall plan for cameras and employee safety for all City facilities with a cost estimate of what should be implemented in 2016. Brush Pick Up November 28 work session Early 2017 Staff to provide cost estimate and recommended timing for a free “one-pass City-wide brush pick up” and a “each address gets one free pick up anytime in 2017” program

Crossing Guard Locations December 12 report Early 2017 Waiting for written estimates Obtain cost estimates to increase lighting at all crossing from Consumers Energy locations Solid Waste Pickup Time Exceptions January 23 August 2017 Report on number of exceptions requested and decisions made.

Please note items that have changed since the last report are highlighted in yellow for easy reference.

MEMO TO: Nancy Ridley, City Manager

FROM: Chris Bundy, Director of Parks & Public Spaces

DATE: February 7, 2017

SUBJECT: Parks Tobacco Free Zone Policy

CC: Bill Mrdeza

As indicated in the City Manager’s January 18 report on pending items, this communication serves to report on the effectiveness of the Tobacco Free Zone Policy in Parks. In 2016 the City Commission asked staff to make a recommendation on the use of tobacco in park facilities. Staff responded by conducting research on how other communities address tobacco use in their park facilities.

After researching the best practices staff recommended creation of a Tobacco Free Zone Policy for Parks which included an educational brochure and signage to be posted in designated tobacco free zones within the City Parks. The policy, brochure, and signage was taken to the Parks and Recreation Commission for review and they recommended approval by the City Commission.

Once the policy was approved the brochure was created and posted on the City website and signage was designed, built and installed in designated “Zone” areas where youth and family’s utilize the parks including playgrounds, athletic fields and court areas, picnic shelters and restroom facilities. The brochure is planned to be distributed to coaches in our tee ball, soccer and other sports and recreation programs this spring to help with awareness regarding the policy in parks.

Prior to the policy going into effect we received two complaints at the Parks and Recreation office about tobacco use in 2016. Once the policy went into effect, to date we have not had any complaints about tobacco use in the parks. Our park staff has noticed a reduction in tobacco related trash cleanup such as cigarette butts in our shelter areas so that seems to be a positive indicator that the community is seeing the signage and adjusting their behavior related tobacco use in parks. Staff will continue to gauge the input from the community regarding tobacco use and work with our PR staff to include newsletter articles that highlight the tobacco free zone policy in 2017.

CB/lmw

Attachments Tobacco-Free Park Zone Policy For more information on supporting community-wide Purpose: healthy parks visit: Designate specific tobacco-free zones in www.tobaccofreeparks.org City parks. www.lungchicago.org

Objectives: www.nwhealth.org Increase public awareness that consideration must be exercised by tobacco product users when they are Supporting in proximity to non-tobacco users. Of primary importance is role Tobacco-Free modeling by adults to eliminate tobacco use by youth. Establish tobacco-free zones at public Park Areas events. Minimize the amount of litter from discarded tobacco products.

Policy: Tobacco-free zone areas shall be established where children recreate, such as playgrounds, splash pads, picnic shelters, restrooms, sports fields, the skate park, etc., as well as at community events. Provide and install tobacco–free zone signs. Promotion of tobacco-based products is prohibited at all park properties and Mt. Pleasant Parks & Recreation Department events conducted on park property. 320 W. Broadway Mt. Pleasant, MI 48858 For more information visit www.mt-pleasant.org/parks (989)779-5331

What can Tobacco Benefits of Tobacco-Free do to You? Park Zones

 Promote a healthy lifestyle.  Tobacco causes cancer: Tobacco smoke contains more  Reduce environmental damage. than 7,000 chemicals. About 70 of them are known to cause cancer.  Reduce litter, burns, fires and exposure Smoking cigarettes is the number to secondhand smoke. one risk factor for lung cancer.  Help promote recreation and healthy activities for all.  Children model adult behaviors: What can Tobacco do  Join other Michigan cities adopting policies identifying tobacco-free park Children mimic the actions of to the Environment? areas. adults; tobacco-free policies encourage young people to make healthy choices.  Cigarettes are the most littered item in the United States and the world.

 Several trillion cigarette butts/filters are  Secondhand smoke is dangerous: littered worldwide every day on It causes disease and premature sidewalks, nature trails, picnic shelter death in children who do not smoke. floors and other public places. It puts children are at a higher  A single cigarette filter takes 5-10 years risk of Sudden Infant Death Syndrome to decompose and its chemicals filter (SIDS), infections, severe asthma and into the environment. more.  Cigarette litter is harmful. Tobacco Being exposed affects the products can be picked up by children cardiovascular system, and causes and animals, and they contaminate area heart disease and lung cancer. park land and waterways. ,._- Approved Minutes Mt. Pleasant Parks and Recreation Commission Tuesday, November 22, 2016 7:00 p.m., City Hall

I. PLEDGE OF ALLEGIANCE II. CALL TO ORDER – 7:03 p.m. III. ATTENDANCE AND DECLARATION OF QUORUM A. Commission Members: Batcheller, Busch, Little, Nagler, Stressman, Winslow B. Parks and Recreation Staff: Bundy , Longoria, Way C. Guests: None D. Public Attendance: None IV. APPROVAL OF AGENDA/MINUTES & COMMISSION BUSINESS A. Changes/Approval of Agenda – Add VII. Item C. Timber Town 2.0. Agenda approved by consensus. B. Approval of Minutes – Motion made by Comm. Nagler, second by Comm. Stressman to approve the minutes from Tuesday, October 25, 2016. MOTION UNANIMOUSLY ADOPTED. C. Approval of 2017 Meeting Dates – Motion made by Comm Winslow, second by Comm. Stressman to approve the 2017 meeting dates. MOTION UNANIMOUSLY ADOPTED. V. PUBLIC COMMENTS - None VI. DEPARTMENT REPORTS A. Parks – Chair Batcheller reported on the celebration held at Potter Playground on Nov. 9th. We had a good turnout of neighbors who are very appreciative. Director Bundy noted that a few elements are still to be installed including a bike rack and grill as well as landscaping. There is approx. $7,000 left over from this project; staff is open to ideas and suggestions. Additional stone added to GKB Trail work done from Adams to Leaton Streets. As part of the GLRI Grant, tree revetments completed along riverbank in Chipp- a-Waters Park. Also approx. 250 diseased ash trees removed between Mill Pond and Chipp-a-Waters Parks. Phase 2, scheduled for spring 2017, includes replanting trees and native shrubs. Nelson Park gazebo near completion; spring 2017 work includes accessible walkway to lower fountain area (Comm. Foundation grant). Staff continues with mowing & mulching and planning for 2017 bid packages. Mary Ellen Brandell bridge update – glass panels that were broken due to vandalism have been replaced with polycarbonate and paid for by Community Foundation endowment fund.

B. Recreation – Director Longoria reported on the following: Fall/Winter programming includes ongoing youth volleyball and basketball (January 2017 start). BB moved to Saturday mornings (from Sunday afternoon) due to court space at Morey Courts. Upcoming Special Events - Staff planning underway for: Candy Cane Lane - 12/3/16 (Library Annex) Kids Carnival/Midway presented with CRDL – 1/14/17 (Finch) Daddy Daughter Date Night - 1/22/17 (Comfort Inn) Man vs. Mountain – 2/4/17 (Mountain Town Station) (110 participants enrolled) Great Egg Scramble – 4/8/17 (Finch) PEAK – with the construction and reconfiguration of MPPS and moving of classrooms this summer, MPPS has offered up Rosebush school as site for summer PEAK. Discussion held regarding transportation, and potential grant for this significant expense. Ryan and new PEAK Coordinator Mary LaChance, (starting 11/28/16), to tour facility. PEAK did not receive Tribal 2% funding for fall 2016; future discussions needed regarding budget shortfall. VII. OLD AND NEW BUSINESS A. 2017 Fees & Charges – Motion made by Comm. Busch, supported by Comm. Little supporting the fees associated with the gazebo rental at Nelson Park (resolution attached). MOTION UNANIMOUSLY ADOPTED. B. Field Use Agreements – developed in order to provide uniformity and to have policies in place for organized groups who use our fields (specifically Mt. Pleasant Little League & Girls Youth Softball). Current agreements are out-of- date. Due to delay with city attorney, agreements will be presented to the Commission at the January 2017 meeting. C. Timber Town 2.0 Recommendation – Community fundraising efforts have been very successful, and along with Tribal 2% funds received, the Playscape Committee has met their goal to complete the highest design option. In order to take advantage of the GameTime grant program for equipment purchase, we must order and take delivery of the equipment by year-end 2016. Discussion to place on project and options. Based on input from the Playscape Committee and staff, a motion was made by Comm. Little, second by Comm. Stressman to recommend the following: • 2016 budget amendment of $351,500 to purchase playground equipment and construction support to complete the Timber Town project. • Purchase and delivery of the playground equipment and construction support from Sinclair Recreation and GameTime to assist in building the approved “High Design” as presented during the design phase at a cost from Sinclair Recreation and GameTime not to exceed $351,500 allowing for full participation in the GameTime Grant Program. • Addressing any additional project enhancement requests with the City Commission at a future date. MOTION UNANIMOUSLY ADOPTED.

Staff beginning to remove elements (swings, slides) from the old Timber Town in preparation for removal (2016). Local Contractor has graciously agreed to donate removal of old structure.

Parks & Recreation Commission and staff would like to extend a HUGE thank you to co-chairs Amanda Boyle and Rick Ervin for their role in assisting in making the fundraising goal a reality. VIII. OTHER BUSINESS/COMMISSIONER COMMENTS Director Bundy reported that Tribal 2% distributions for this fall included $75,000 for Timber Town 2.0, $85,000 for Mission Creek restroom facility and $35,000 for Island Park field and facility enhancements. IX. ADJOURNMENT – 8:11 p.m.

From: Rick McGuirk [mailto:[email protected]] Sent: Wednesday, January 18, 2017 9:39 AM To: Sponseller, Michelle ; Mrdeza, William Subject: TIFA & PSD Board Resignation

Dear Michelle and Bill,

Please accept this email as my resignation from these 2 boards. I am limiting my extra commitments as my uncle Jim McGuirk’s health continues to fail quickly. I will have many new items to deal with in our family business after his passing and these new projects won’t allow me to give my 100% for my commitment to these boards. I don’t like to commit to something and not do a good job.

My experience with this board has grown me professionally and it has been a pleasure to serve with such a great group of people.

Please let me know if you need anything from me to finalize my resignation.

Thank you,

‐Rick

Rick McGuirk Operations Manager/Broker

Phone: 989-817-4411 | Fax: 989-400-4981 4175 E. Bluegrass Rd. | Mt. Pleasant, MI 48858 www.LiveWithUnited.com

Minutes of the regular meeting of the City Commission held Monday, January 23, 2017, at 7:00 p.m., in the City Commission Room.

Mayor Ling called the meeting to order and the Pledge of Allegiance was recited.

Commissioners Present: Mayor Ling and Vice Mayor Lents; Commissioners Gillis, Holton, Kulick, Madaj and Verleger

Commissioners Absent: None

Others Present: City Manager Ridley, City Clerk Howard and City Attorney Smith

Public Input on Agenda Items

Mayor Ling and Fire Lieutenant Dunham presented a Neighborhood Mini Grant to Karen Clark with Orchard Glen Condo Association.

Additions/Deletions to Agenda

Item #17, “Consider consent to assignment of Real Estate Purchase and Sale Agreement and License Agreement with Turf Inc.” was moved up to #12 on the agenda at the request of Turf Inc. and by unanimous consent of the City Commission.

Item #18h, “City Manager Evaluation Subcommittee” was added to the agenda.

Receipt of Petitions and Communications

Received the following petitions and communications: 1. City Manager report on pending items: a. Summary of 2017 street projects as related to non-motorized components; b. Indian Pines staff time report. 2. Fourth Quarter Investment Report. 3. Correspondence from City resident Amy Swaney regarding winter sidewalk maintenance. 4. Correspondence from Bob Banta regarding dumpster pickup times. 5. Planning Commission Minutes (November) 6. Airport Advisory Board Minutes (November and December) 7. Receipt of Middle Michigan Development Corporation (MMDC) 2016 Annual Report. 8. Letter at dais from Kurt and Julie Feight regarding dumpster pickup times.

Item #21, “Consider modification to custodial services contract with Commercial Sanitation Management LLC/CMS Services.” was removed from the Consent Calendar.

Moved by Commissioner Madaj and supported by Commissioner Kulick to approve the following items on the Consent Calendar: 1. Minutes of the regular meeting of the City Commission held January 9, 2017. 2. Minutes of the closed session of the City Commission held January 9, 2017. 3. Bid of MC Sandblasting & Painting, Inc. of Cedar Springs, Michigan in the amount of $94,400.00 for the 2017 Water Treatment Plant Clarifier #2 Repainting and Rehabilitation project. 4. Bid of Layne Christensen Company of Columbus, Ohio in the amount of $248,550.00 for the 2017 Ranney Well Rehabilitation project. 5. Set a special meeting for Monday, March 13, 2017 at 6:00 p.m. for a joint meeting of the City Commission and Planning Commission 6. Set a special meeting for Monday, February 27, 2017 at 6:00 p.m. for a joint discussion with Brownfield Redevelopment Authority. 7. Resolution in support of Airport T-Hangar rental rates as follows: WHEREAS, the City fee schedule provides information about what tenants must pay for monthly T-hangar rental. WHEREAS, the Airport Advisory Board recommends the City Commission reduce the monthly T-hangar rental rate from $145 to $125 for a regular T-

hangar, and from $170 to $150 for an oversized T-hangar, beginning April 1, 2017. WHEREAS, the Airport Advisory Board also recommends the City Commission approve a $25 overnight T-hangar rental fee, and establish a $100 referral payment to anyone who brings in a new-T-hangar rental tenant upon that new tenant signing a one-year lease, beginning February 1, 2017. NOW, THEREFORE, BE IT RESOLVED, that the City Commission approves the recommendations as written. 8. Amend contract with R&T Murphy Trucking, LLC to increase the not-to-exceed amount to $22,000 for 2016-2017 snow removal. 9. Authorize City staff to submit MDOT permits on behalf of the City of Mt. Pleasant as outlined in the annual Performance Resolution for Governmental Agencies. 10. Payrolls dated January 6 and 13, 2017 and warrants dated January 11, 12, 18 and 19, 2017 all totaling $2,701,072.97. Motion unanimously adopted.

A public hearing was held on proposed Ordinance amendment to Sections 50.12 and 50.99 of the Code of Ordinances for the City of Mt. Pleasant to restrict the hours of the day for the collection of refuse in certain zones of the City and to provide certain penalties for violations of Chapter 50.

Petro Tolas, business owner, 306 East Broadway St.; Phil Mikus, representative, Granger Waste and Recycling; Josh Weir, District Manager, Waste Management; and Matt Biolette, Republic Services, spoke in opposition of the proposed ordinance.

There being no additional public comments or communications, the Mayor closed the public hearing.

Moved by Vice Mayor Lents and supported by Commissioner Madaj that Ordinance 1021, an Ordinance to amend Sections 50.12 and 50.99 of the Code of Ordinances for the City of Mt. Pleasant to restrict the hours of the day for the collection of refuse in certain zones of the City and to provide certain penalties for violations of Chapter 50 having been introduced and read, now be passed, ordained and ordered published.

Moved by Commissioner Kulick and supported by Commissioner Holton to add a one year sunset clause ending February 28, 2018 to the proposed ordinance.

AYES: Commissioners Gillis, Holton, Kulick, Lents, Ling, Madaj and Verleger NAYS: None ABSENT: None Motion unanimously adopted.

The Commission considered the original motion with amendment.

AYES: Commissioners Gillis, Lents, Ling, Madaj NAYS: Commissioners Holton, Kulick and Verleger ABSENT: None Motion carried

John Kulhavi, new owner of PohlCat, spoke regarding the work they plan to do in the future to the golf course.

Moved by Commissioner Kulick and supported by Commissioner Verleger to authorize the Mayor and City Clerk to sign a Consent to Assignment of Real Estate Purchase and Sale Agreement and License Agreement with Turf Inc. as approved by the City Attorney. Motion unanimously adopted.

Moved by Commissioner Madaj and supported by Vice Mayor Lents to approve an Exception Policy for solid waste pickup times as allowed by Section 50.12 of the Mt. Pleasant Code of Ordinances. (CC Exh. 1-2017)

AYES: Commissioners Gillis, Lents, Ling, Madaj NAYS: Commissioners Holton, Kulick and Verleger ABSENT: None Motion carried

Moved by Commissioner Kulick and supported by Commissioner Verleger to waive any exception application fees for the first year.

AYES: Commissioners Holton, Kulick and Verleger NAYS: Commissioners Gillis, Lents, Ling, Madaj ABSENT: None Motion failed

Moved by Vice Mayor Lents and supported by Commissioner Madaj to approve the Resolution for Application Exception Fee for Solid Waste Collection Times.

Moved by Commissioner Kulick and supported by Commissioner Verleger to amend the original motion to include language that would provide for properties with multiple dumpsters to incur only one fee and that the fee be split amongst the various haulers so long as application for an exception is made by each of the haulers jointly at the same time.

AYES: Commissioners Holton, Kulick Ling, Madaj and Verleger, NAYS: Commissioners Gillis and Lents, ABSENT: None Motion carried

The Commission considered the original Resolution for Application Exception Fee for Solid Waste Collection Times with approved amendment.

WHEREAS, the City Commission recently amended Chapter 50 of the City Code regarding material collection licenses; and WHEREAS, Section 50.12 of the City Code, as recently amended, provides that no collection of refuse or recycling shall occur before 7:00 a.m. or after 8:00 p.m. in certain zones of the City; and WHEREAS, Section 50.12(I)(1) of the City Code, as recently amended, provides that the City Commission may approve a policy that allows for exceptions to the 7:00 a.m. start time under extenuating circumstances; and WHEREAS, Section 50.12(I)(2) of the City Code, as recently amended, provides that the City Commission may establish by resolution an application fee to be paid by the applicant requesting an exception to the 7:00 a.m. start time. WHEREAS, properties with multiple dumpsters shall incur only one fee and that fee shall be split amongst the various haulers so long as application for an exception is made by each of the haulers jointly at the same time. NOW THEREFORE BE IT RESOLVED THAT: 1. Based upon City staff’s analysis and recommendation, the City Commission hereby establishes the application fee referenced in Section 50.12(I)(2) of the City Code at $70.00. 2. All resolutions and parts of resolutions, to the extent of any conflict with this resolution, are rescinded.

AYES: Commissioners Gillis, Lents, Ling, Madaj NAYS: Commissioners Holton, Kulick and Verleger ABSENT: None Motion carried

Mayor Ling made the following City Commissioner appointments to Ad-Hoc Committees.

Appointments Committee City Manager Evaluation Subcommittee Lori Gillis (Chair) Kathy Ling

Allison Lents Allison Lents Jim Holton Jim Holton Kathy Ling – alternate Nicholas Madaj

Charter Committee Intergovernmental Liaison Nicholas Madaj (Chair) Kathy Ling Lori Gillis Allison Lents Tony Kulick

Council of Governments International Relations/Sister City Committee Lori Gillis Kathy Ling

Property Committee Mt. Pleasant Area Diversity Council Tony Kulick (Chair) Nicholas Madaj Allison Lents Jim Holton

Mayor Ling made the following appointments of City Commission Representatives to City boards and commissions for 2017 :

Audit Committee City/CMU Student Liaison Committee Jim Holton Kathy Ling Mike Verleger Mike Verleger Kathy Ling, alternate Nicholas Madaj, alternate

Economic Development Corporation Principal Shopping District Board Brownfield Redevelopment Authority And Tax Increment Finance Authority Kathy Ling Allison Lents Jim Holton, alternate

Moved by Commissioner Madaj and supported by Commissioner Kulick to approve Mayor appointments of City Commission Representatives to City boards and commissions for 2017. Motion unanimously adopted.

Moved by Commissioner Kulick and supported by Vice Mayor Lents to approve Appointments to various City Boards and Commissions as recommended by the Appointments Committee. Term Expires Mission/Pickard DDA Doug Labelle II December 31, 2019 Motion unanimously adopted.

Moved by Commissioner Kulick and supported by Vice Mayor Lents to postpone remaining TIFA and TIFA/PSD appointments.

Moved by Commissioner Gillis and supported by Commissioner Verleger to amend the original motion to appoint Steve Bissell to the TIFA/PSD.

AYES: Commissioners Gillis, Holton and Verleger NAYS: Commissioners Kulick, Ling, Lents and Madaj ABSENT: None Motion failed

Original motion to postpone remaining TIFA and TIFA/PSD appointments was considered.

AYES: Commissioners Holton, Kulick, Lents, Ling, Madaj and Verleger NAYS: Commissioners Gillis ABSENT: None Motion carried

Moved by Commissioner Kulick and supported by Vice Mayor Lents to approve modification to custodial services contract with Commercial Sanitation Management LLC/CMS Services to eliminate airport cleaning. Motion unanimously adopted.

Moved by Commissioner Madaj and supported by Commissioner Gillis to approve the following Resolution regarding Brownfield Reimbursement Agreements Moratorium as presented:

WHEREAS, the City of Mt. Pleasant established the Mt. Pleasant Brownfield Redevelopment Authority (the “BRA”) on May 13, 1997, pursuant to the Brownfield Redevelopment Financing Act, Michigan Public Act 381 of 1996, as amended, MCL 125.2651 et seq. (“Act 381”); and WHEREAS, Act 381 initially allowed tax increment revenues only to pay for environmental remediation activities needed to redevelop contaminated property; and WHEREAS, Act 381 has since been modified to allow use of tax increment revenues for a number of activities unrelated to environmental remediation, including site preparation work, infrastructure improvements, and the demolition buildings, even on sites that are not contaminated; and WHEREAS, the City wishes to be prudent in the use of tax increment revenues, especially because they are generated in part from taxes levied by other taxing units, and wishes to ensure tax increment revenues are used only in connection with appropriate projects and to pay appropriate costs; and WHEREAS, the City will, in conjunction with the BRA Board, need a reasonable time to develop, consider, and approve a policy for brownfield financing. NOW THEREFORE BE IT RESOLVED THAT: 1. Beginning on the date of this resolution, the City shall not process any new requests for brownfield plans, brownfield plan amendments, reimbursement agreements, or amendments to reimbursement agreements, until the City Commission approves a policy establishing criteria for brownfield financing or until April 1, 2017, whichever occurs first. 2. All resolutions and parts of resolutions, to the extent of any conflict with this resolution, are rescinded.

AYES: Commissioners Gillis, Lents, Ling, Madaj NAYS: Commissioners Holton, Kulick and Verleger ABSENT: None Motion carried

Moved by Commissioner Kulick and supported by Vice Mayor Lents to enter into closed session pursuant to subsection 8(d) of the Open Meetings Act to discuss the possible purchase or lease of real property.

AYES: Commissioners Gillis, Holton, Kulick, Lents, Ling, Madaj and Verleger NAYS: None ABSENT: None Motion unanimously adopted.

Moved by Commissioner Kulick and supported by Vice Mayor Lents to enter into closed session pursuant to subsection 8(c) of the Open Meetings Act for strategy and negotiation session connected with the negotiation of a collective bargaining agreement.

AYES: Commissioners Gillis, Holton, Kulick, Lents, Ling, Madaj and Verleger NAYS: None ABSENT: None Motion unanimously adopted.

Moved by Commissioner Holton and supported by Vice Mayor Lents to enter into closed session pursuant to subsection 8(h) of the Open Meetings Act to discuss a legal opinion from legal counsel.

AYES: Commissioners Gillis, Holton, Kulick, Lents, Ling, Madaj and Verleger

NAYS: None ABSENT: None Motion unanimously adopted.

Announcements on City-Related Issues and New Business

Commissioner Holton thanked Director Feldhauser for his service to the City and wished him well in his retirement.

Commissioner Kulick announced that the Citizens Academy is accepting applications until January 31 and he encourages public to apply.

Commissioner Verleger thanked Parks and Recreation for the great job they did putting on Daddy/Daughter Date Night this past weekend.

Vice Mayor Lents apologized to Commissioners for any harsh words she may have spoken in the past and thanked all of them for their service to the community. She hopes they can all work together this year.

Commissioner Gillis reminded citizens that they can take advantage of the neighborhood mini grant program and to contact Fire Lt. Dunham for more information.

Public Comment on Agenda and Non-Agenda Items

Petro Tolas, business owner, 306 E. Broadway St., spoke against having residents clear sidewalks by ordinance, but instead would like to have the City clear sidewalks.

The Commission recessed at 8:43 p.m. and went into closed session at 8:50 p.m. The closed session ended at 9:10 p.m. A separate set of minutes was taken for the closed session.

The Commission went into a second closed session at 9:11 p.m. The closed session ended at 9:23 p.m. A separate set of minutes was taken for the closed session.

The Commission went into a third closed session at 9:24 p.m. The closed session ended at 10:17 p.m. A separate set of minutes was taken for the closed session.

Mayor Ling adjourned the meeting at 10:18 p.m. without objection.

______Kathleen Ling, Mayor Jeremy Howard, City Clerk Minutes of the special meeting of the City Commission held Tuesday, January 24, 2017, at 9:05 a.m., at Central Michigan University, Powers Hall 136.

Commissioners Present: Mayor Ling and Vice Mayor Lents; Commissioners Gillis, Holton, Kulick, Madaj and Verleger

Others Present: City Manager Ridley and Facilitator Dan Gaken

Others Present arriving at 11:00 a.m.: City Clerk Howard, Directors Feldhauser, Kornexl, Lauria, Mrdeza, Zang and Human Resources Director Gandy

WORK SESSION

Facilitator Dan Gaken led an Elected and Appointed Leadership Retreat and 2017/2018 goals discussion.

Mayor Ling adjourned the meeting at 4:17 p.m. without objection.

______Kathy Ling, Mayor Jeremy Howard, City Clerk

COMMISSION LETTER #031-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: PUBLIC HEARING ON REQUEST TO REZONE 205, 209-219 E. BELLOWS FROM C-1 (LOCAL BUSINESS) TO M-2 (MULTIPLE FAMILY RESIDENTIAL) AND 1021 S. UNIVERSITY FROM P-1 (VEHICULAR PARKING) TO M-2 (MULTIPLE FAMILY RESIDENTIAL) AND CONSIDER APPROVAL OF THE SAME

At the January 9 City Commission meeting a public hearing was set on this proposed rezoning. City Planner Jacob Kain will give a brief overview of the requested rezoning before the public hearing is opened.

Attached are the materials provided to the Planning Commission, as well as the minutes of the Planning Commission meeting when this rezoning request was considered. The Planning Commission voted seven to two to recommend rezoning to the City Commission. Pages four and five of Mr. Kain’s memo outline the criteria the City Commission should consider in evaluating this request.

After holding the public hearing the City Commission has five available options according to the zoning ordinance: 1. Approve the rezoning request as recommended by the Planning Commission. 2. Adopt the rezoning request with changes the City Commission deems appropriate. 3. Deny the rezoning request. 4. Refer the rezoning request back to the Planning Commission with specific requests of what should be reconsidered on the matter. 5. Postpone action on the requested rezoning until a future date in order to obtain specific information.

After holding the public hearing it is recommended the City Commission approve the rezoning request as recommended by the Planning Commission by approving the ordinance as attached.

Recommended motion: Move to approve the rezoning of 205, 209-219 E. Bellows Street and 1021 S. University Street to M-2.

NJR/ap

MEMORANDUM

TO: Nancy Ridley City Manager

CC: William R. Mrdeza Director of Community Services and Economic Development

FROM: Jacob Kain City Planner

DATE: February 3, 2017

SUBJECT: Z-17-01: Request to rezone 205, 209-219 & 221 E. Bellows from C-1 Local Business District to M-2 Multiple Family Residential District; and 1021 S. University from P-1 Vehicular Parking District to M-2 Multiple Family Residential District.

The Planning Commission held a public hearing on the proposed rezoning on January 5, 2017. The staff report and excerpt of the meeting minutes are attached. There were no public comments on the subject. Following the public hearing, the Planning Commission moved 7-2 to recommend that the City Commission approve Z-17-01.

REQUESTED ACTION:

The City Commission receive the Planning Commission recommendation and materials for the February 13, 2017 public hearing.

Attachments: 1. Staff report from January 5, 2017 2. Approved minutes from January 5, 2017 Planning Commission meeting (excerpt) 3. Draft ordinance

Planning Commission Staff Report Rezoning 17-01 January 5, 2017 Reviewer: Jacob Kain, City Planner

APPLICANT: United Investments, Inc.

PROPERTY OWNER: Student Book Exchange

LOCATION: 205, 209-219 E. Bellows 1021 S. University

REQUEST: Request to rezone 205, 209-219 & 221 E. Bellows from C-1 Local Business District to M-2 Multiple Family Residential District; and 1021 S. University from P-1 Vehicular Parking District to M-2 Multiple Family Residential District.

SITE AREA: 0.82 acres

FUTURE LAND USE: Multiple Residential (Medium)

The applicant is requesting that the City rezone three parcels. Across two of these parcels (zoned C-1) is a one-story commercial building and associated parking facilities; the building is presently vacant except for the suite occupied by Kaya Coffee House. The building housed the Student Book Exchange until its closure in July 2014. The third parcel (zoned P-1) contains additional parking for the site and a small accessory building.

Figure 1. Zoning and overview map Z-17-01 205, 209-219 E. Bellows & 1021 S. University January 5, 2017 Page 2 of 6

The corner of Bellows and University had on it a two-story commercial building dating back to the early 1900s. A one-story commercial building was added to the corner of Bellows and Franklin in 1963; that portion of the current building still stands. The original two-story commercial building burned in the 1960s and was replaced by the current one-story structure. At the time of that construction, the City Commission vacated a portion of the platted alley to allow the joining of the new structure to the 1963 portion of the current building with a public easement granted to University Street to facilitate continued use of the alley by properties located to the north.

Land uses and zoning on the surrounding properties are as follows:

Future Land Use Zoning C-1, Local Business North Multiple Residential (Medium) M-2, Multiple-Family Residential C-1, Local Business East Multiple Residential (Medium) M-2, Multiple-Family Residential South Central Michigan University U, University C-1, Local Business West Multiple Residential (Medium) M-2, Multiple-Family Residential

Figure 2. Current conditions looking northwest from Bellows and Franklin.

Figure 3. Current conditions looking northeast from Bellows and University.

Z-17-01 205, 209-219 E. Bellows & 1021 S. University January 5, 2017 Page 3 of 6

Figure 4. Current conditions looking southeast from University toward the suite currently occupied by Kaya Coffee House.

Figure 5. Current conditions looking east from University toward the parcel zoned P-1.

Figure 6. Current conditions looking southwest from Franklin toward the rear of the existing building.

Z-17-01 205, 209-219 E. Bellows & 1021 S. University January 5, 2017 Page 4 of 6

The subject properties are located on the northern edge of the Central Michigan University campus and all current uses to the south are university-related; Warriner, Smith, and Grawn Halls are the closest University buildings immediately to the south. To the west sits the Malt Shop restaurant. To the east sits The Dreamer coffee shop. The majority of properties to the north, east, and west of the subject property are currently rooming dwellings.

EXISTING AND PROPOSED ZONING:

The current C-1 (Local Business Districts) zoning is designed to meet the limited day-to-day convenience shopping and service needs of persons residing in nearby residential areas. The district permits a variety of office and professional uses; retail businesses; sit-down or take-out restaurants; personal service establishments; dry cleaning establishments; neighborhood-oriented government offices; and other similar uses. The properties most recent uses as a student bookstore and coffee house are among the permitted uses in the current district.

The proposed M-2 (Multiple Family Residential Districts) designation is designed to provide sites for multiple-family dwelling structures and related uses which will generally serve as zones of transition between the nonresidential districts and lower-density residential districts. The district also provides for other forms of living units primarily related to the University. Permitted uses include all uses permitted in the M-1 – Multiple Family Residential Districts (principal uses) plus registered student organization dwellings and rooming and boarding houses (special uses).

The rezoning request will make the existing building and use (coffee house) on this property nonconforming. In accordance with Section 154.007 (Nonconforming lots and uses) of the zoning ordinance, that use (if made nonconforming through this legislative action) will be permitted to continue unless it is discontinued or ceases for a period of one year.

CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING MAP:

Section 154.172 (Amendments and Map Changes) offers the following direction on rezoning applications:

In considering any petition for an amendment to the official zoning map, the Planning Commission and City Commission shall consider the following criteria in making its findings, recommendations and decisions:

(a) Consistency with the goals policies and future land use map of the city's Master Plan, including any sub-area or corridor studies. If conditions have changed since the Master Plan was adopted, the consistency with recent development trends in the area. (b) Compatibility of the site's physical, geological, hydrological and other environmental features with the host of uses permitted in the proposed zoning district. (c) Evidence the applicant cannot receive a reasonable return on investment through developing the property with one of the uses permitted under the current zoning. (d) The compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on property values. (e) The capacity of city utilities and services sufficient to accommodate the uses permitted in the requested district without compromising the health, safety and welfare of the city. Z-17-01 205, 209-219 E. Bellows & 1021 S. University January 5, 2017 Page 5 of 6

(f) The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. A traffic impact study in accordance with the requirements of §§ 154.121 and 154.122 shall be provided if the proposed rezoning district permits uses that could generate 100 or more directional trips during the peak hour, or at least 1,000 more trips per day than the majority of the uses that could be developed under current zoning. (g) The apparent demand for the types of uses permitted in the requested zoning district in the city in relation to the amount of land in the city currently zoned and available to accommodate the demand. (h) The boundaries of the requested rezoning district are reasonable in relationship to surroundings and construction on the site will be able to meet the dimensional regulations for the zoning district listed in the schedule of regulations. (i) If a rezoning is appropriate, the requested zoning district considered to be more appropriate from the city's perspective than another zoning district. (j) If the request is for a specific use, is rezoning the land more appropriate than amending the list of permitted or special land uses in the current zoning district to allow the use? (k) The requested rezoning will not create an isolated and unplanned spot zone. (l) The request has not previously been submitted within the past one year unless conditions have changed or new information has been provided. (m) Other factors deemed appropriate by the Planning Commission and the City Commission.

IMPACT OF THE PROPOSED NEW ZONING ORDINANCE:

The pending adoption of a new zoning ordinance for the City of Mt. Pleasant does not have a direct impact on your consideration of this application for rezoning. The applicant has been advised that the new zoning ordinance will most likely contain a new list of zoning designations and that this property will likely be rezoned again with the adoption of the new zoning ordinance. That adoption is expected before the end of 2017.

If the proposed rezoning application is approved, the applicant may proceed with a request for special use permit and/or site plan review for a development that conforms to the standards of the proposed M-2 zoning. If approved under the current zoning ordinance, the applicant will have one year from the date of approval of that application to secure building permits. If an extension is requested, the Planning Commission will review the application for conformance with the standards of the zoning ordinance in adoption at that time. If application for special use permit and/or site plan review is not made and approved prior to adoption of the new zoning ordinance, any such plans for this site must conform to the standards of the new ordinance and zoning district.

MASTER PLAN:

The subject property is designated as Multiple Residential (Medium) on the Future Land Use map, a category which corresponds with the M-1 and M-2 zoning districts.

Z-17-01 205, 209-219 E. Bellows & 1021 S. University January 5, 2017 Page 6 of 6

Figure 7. Excerpt from the City’s Future Land Use Map. The location of the subject property is indicated by the star symbol.

DIVISION COMMENTS:

Division of Public Works (DPW) – DPW comments are attached.

Division of Public Safety (DPS) – No comments.

ANALYSIS:

Applications for rezoning are subject to meeting the criteria for amendments listed in Section 154.172(D) of the Zoning Ordinance. The applicant has provided the attached written response to the criteria. The Planning Commission’s recommendation to the City Commission should be based upon evaluation of these criteria.

Staff finds that the proposed conditions are consistent with the character of the area and with the future land use identified in the Master Plan.

With the findings and analysis stated in this report, the following actions are offered for consideration by the Planning Commission.

RECOMMENDATION:

Move to recommend that the City Commission approve Z-17-01. Mt. Pleasant Planning Commission Minutes of Regular Meeting January 5, 2017

I. Chair Hoenig called the meeting to order at 7:00 p.m.

Present: Dailey, Driessnack, Friedrich, Hoenig, Horgan, Irwin, Joseph, Kostrzewa, Liesch.

Staff: Kain

II. Approval of Agenda:

Motion by Kostrzewa, support by Joseph, to approve the agenda.

Motion approved unanimously.

III. Approval of Minutes

A. November 3, 2016 Regular Meeting:

Motion by Dailey, support by Friedrich, to approve the minutes from the November 3, 2016 regular meeting as submitted.

Motion approved unanimously.

IV. Zoning Board of Appeals Report for October:

Commissioner Friedrich reported that the Zoning Board of Appeals (ZBA) did not meet in November or December.

V. Communications: There were no communications to report on at this time.

VI. Public Hearings:

Z-17-01 - 205, 209-219, 221 E. Bellows and 1021 S. University - United Investments.

Kain introduced case Z-17-01, explaining that this request involves three separate tax parcels addressed as: 205, 209-219 E. Bellows and 1021 S. University.

Kain noted that the two parcels addressed off Bellows Street are currently zoned C-1 Local Business. The request is to rezone them to M-2 Multiple Family Residential. The parcel addressed off University Street is currently zoned P-1 Vehicular Parking and the applicant is requesting that it also be rezoned to M-2 Multiple Family Residential.

Kain shared an overview of the area, noting that this is the site of the former SBX Book Store and associated parking area, and is currently the site of the Kaya Coffee House.

Kain reported that the areas to the north, east and west are a mixture of C-1 Local Business and M-2 Multiple-Family Residential zoning districts, with the majority being zoned M-2. Future land use for these areas, including the subject site, is listed as Multiple Residential (Medium), which coincides with Mt. Pleasant Planning Commission January 5, 2017 Page 2

what is our current M-1 and M-2 zoning classifications. The area to the south of the property is Central Michigan University (CMU) property and is zoned U, University.

Kain shared photos of the site and the current conditions, from various angles.

Kain noted that this is the first straight re-zoning request the Planning Commission has heard in some time and referred to Section 154.172 of the Zoning Ordinance, noting that the applicant is required to respond to the 13 criteria outlined in that section of the zoning ordinance.

Kain reminded the Planning Commission that their role in this case is to provide a recommendation to the City Commission, who will hold a second public hearing and make the final determination on the request.

Kain reviewed the current and proposed zoning districts and provided information on the purpose and allowed uses of each of these zoning districts, noting that C-1 Local Business is the least restrictive of the commercial zoning districts. He explained that the P-1 zoning district is designed to provide for additional parking for adjoining properties and restricts the placement of additional structures on a site. Kain noted that the proposed M-2 zoning district allows for all uses that are permitted in Residential and M-1 districts, and also allows rooming/boarding dwellings and Registered Student Organizations. Kain explained that if approved, the existing building would become non-conforming and commercial uses would not be allowed; however, noted that the coffee shop that is currently in operation would be allowed to continue to operate there.

Kain reviewed the criteria from Section 154.172(D), noting that this should be the core of the Planning Commission's discussion and the criteria will be used in either recommending approval or not. Kain further referred the Commission to the applicant's response to the criteria, which was included in the packets.

Kain noted that the City is in the process of writing a new Zoning Ordinance, and commented that the Commission may wonder how this might impact their decision. Kain stated that until the new code is in effect we are still operating under the current Ordinance. He further noted that the new code will likely have new zoning designations that will likely not include a M-2 zoning district, as all properties in the city will receive a new designation when adopted. In the meantime, he reiterated that all applications for development will be considered under whatever code is in effect at the time.

Kain commented that the Master Plan should play an important part in decisions, noting that although the Master Plan does not dictate a decision, it does serve as a guide and is one factor to consider. Kain shared the Future Land Use map, noting that the properties to the north and east of the subject property are designated as Multiple Residential (Medium), with properties to the south Central Michigan University, and to the north and east, at quite a distance, is Urban Residential. Kain reiterated that the Future Land Use map should not dictate the decision; however, commented that the Commission should keep in mind compatibility to surrounding properties when making their decision.

Kain concluded his report with a recommendation that the Planning Commission recommend to the City Commission to approve the request.

Vice Chair Horgan noted that she has several questions and commented that when going through the criteria, there were some that popped out. She further commented that she feels that it is an awkward time to rezone an area when we are in the midst of the code review and update.

Mt. Pleasant Planning Commission January 5, 2017 Page 3

In regards to the criteria, Vice Chair Horgan referred to criteria 3: Evidence the applicant cannot receive a reasonable return on investment through developing the property with one of the uses permitted under the current zoning.

Vice Chair Horgan stated that the Commission hasn't really talked about this property except under the current zoning. Vice Chair Horgan commented that she would hate to limit what could go there and wondered what other possibilities might be available. She noted that we have the non-motorized plan; have made progress towards being a walkable community and have discussed the power of mixed use properties to attract young professionals. She noted that this is a very unique property as it sits on the edge of the university. Vice Chair Hoenig asked if there has been other inquiries on the property that were turned down based on the current zoning.

Kain responded that the SBX property has been vacant since July of 2014 and has been for sale for much of that time. He noted that the city has received several inquiries regarding the property based on its proximity to CMU and the fact that it is a fairly large piece of property for that area. The majority of the requests were related to the possibility of mixed uses for the property. Under the current ordinance, only one district (C-2) would allow mixed use. Kain noted that the challenge with that is, even under C-2 zoning, the flexible parking standards that are in place only apply if the property is within a certain distance to municipal parking facilities. This property would not be eligible and therefore, the site would likely not be large enough for the required parking for a mixed use development under C-2 zoning.

Vice Chair Horgan asked if it might be feasible under the new code to make it fit for a multiuse property.

Kain noted that it is a possibility; however, he has not seen any of the proposed new code. He noted that he expects there may be more opportunities for mixed use developments throughout the city. Kain further noted that whether or not the property is rezoned now, it will be rezoned at the time the new zoning ordinance is adopted. He noted that if the Commission approves the rezoning, the developer could submit a plan under the current M-2 zoning standards and that approval would be valid for one year. If the new code is adopted within that year, the developer can decide if the new code is more favorable and, if so, come in with a new plan. Or they could move forward under the current M-2 standards provided their approval was still valid.

Vice Chair Horgan asked if staff feels there is a market out there for things other than student housing for this site. Kain responded that he feels the best location for a mixed use development is either downtown or adjacent to the University. He noted that at this point in time, any discussion on the new zoning ordinance is very speculative, and will continue to be even once we've seen it, until it is adopted by the City Commission.

Vice Chair Horgan referred to criteria 7. The apparent demand for the types of uses permitted in the requested zoning district in the city in relation to the amount of land in the city currently zoned and available to accommodate the demand.

Vice Chair Horgan commented that this is a high student area and the applicant has noted that there is a waiting list of students waiting to get into that area. She noted, however, that the consultants indicated that they could possibly take some pressure off the neighborhood and that area by having development move along Mission on East Drive and by increasing density from Main Street to the railroad tracks.

Vice Chair Horgan referred to criteria 13: Other factors deemed appropriate by the Planning Commission and the City Commission.

Mt. Pleasant Planning Commission January 5, 2017 Page 4

Vice Chair Horgan reiterated that this property is very unique based on its location and is the only possible location of anything commercial or of mixed use for the area. She noted that she feels this property deserves some thought and exploration before changes are made.

Commissioner Driessnack offered his perspective as a developer, noting that he owned and operated a coffee shop adjacent to this property for 19 years. He commented that the market changed and business was decreasing during those years. Commissioner Driessnack continued, noting that CMU offers so much more on campus as far as retail and coffee shops, etc., which has affected these adjacent businesses. Commissioner Driessnack stated his property sat vacant for 1 1/2 years and there is currently another coffee shop operating out of that location; however, although the shop is doing OK, he would not say it is successful. Commissioner Driessnack also noted that the former owners of the Malt Shop indicated business was down and although it is currently in operation under new ownership; he isn't sure how successful it is.

Commissioner Driessnack speculated this as likely the reason the SBX Bookstore closed, with CMU offering their own bookstore and students acquiring books in different ways. Commissioner Driessnack also commented that although it seems there has been some interest in the property since it has been vacant, none of the businesses that were interested in coming in would've been good for the neighborhood. He noted that there may be a market for some sort of mixed use with commercial and residential, but it will be market driven and as a developer, he stated he would be afraid of it.

Chair Hoenig asked to curb discussion until questions are concluded.

Rick McGuirk, applicant, addressed the Commission offering to answer questions.

Commissioner Joseph asked about the plan for the current building if the zoning change is approved and if they would consider selling the property.

Mr. McGuirk commented that time will tell and they will likely wait to see what options are available. He further commented that rehabbing the current building into multifamily use not an option and they would likely demo it.

Vice Chair Horgan asked about the parcel of land adjacent to the alley and whether the piece of the alley was part of the request. Mr. McGuirk indicated that this area is part of the request.

Kain provided some background on the area in question, noting that when the building that was previously on the site was destroyed by fire, the owner requested that the alley be closed to allow the current buildings to be joined. The City agreed, with the provision that the City had easement rights. Kain further commented that the parcel that is currently zoned P-1 is not a buildable lot, without an alley adjustment, in the M-2 zoning district. In addition, depending on the type of development, the lot would not be allowed to be used as a parking area for a M-2 development as parking is required to be on the same lot.

Commissioner Friedrich asked Mr. McGuirk if anyone has offered to purchase the property in the past two years. Mr. McGuirk commented that they are currently trying to purchase it; they are not the current owner. Commissioner Dailey questioned whether it is possible to request a rezoning of property that you don't own. Kain noted that it is allowed with the owner's authorization, which we have.

Chair Hoenig opened the public hearing. There being no one who wished to comment, the public hearing was closed. Mt. Pleasant Planning Commission January 5, 2017 Page 5

Board Discussion:

Commissioner Kostrzewa commented that historically this corner was a real attractant; however the property has been vacant for some time. He commented that he appreciates the historic piece; however noted that even with the number of students in the immediate area, there doesn't seem to be any demand for professional offices at this location. He noted that the overriding thing that confuses him is the fact that everything will be rezoned and what affect that will have on this.

Commissioner Dailey noted that although he appreciates that things are changing, the Planning Commission still has a job to do. Someone has brought in a proposal and the Commission needs to deal with it. He noted that he would prefer to see something go in there that would be more old world where students gather rather than more housing; however, noted that there may not be a market for that.

Commissioner Driessnack noted that there is a Starbucks on campus that is always busy, noting the students like the convenience of staying on campus. He further noted that ultimately the City Commission will be making the decision and the developer will need to work with the city to figure out the best use. He also commented that he feels the rezoning is consistent with the Master Plan.

Vice Chair Horgan reiterated her concern that we may be giving up an opportunity for a mixed use development.

Commissioner Friedrich referred to criteria 9 & 10:

(9) If a rezoning is appropriate, is the requested zoning district considered to be more appropriate from the city’s perspective than another zoning district?

(10) If the request is for a specific use, is rezoning the land more appropriate than amending the list of permitted or special land uses in the current zoning district to allow the use?

In regards to Criteria 9, Commissioner Friedrich questioned whether rezoning to C-2 would allow some of the other uses discussed. In addition, he commented that if it is left as C-1, could there be changes made to that district to allow something different. Discussion ensued on other areas of the city that were zoned C-1 and it was noted that although there aren't many properties zoned C-1, any changes to the C-1 District would include all C-1 districts.

Commissioner Irwin commented that the property has been vacant for a couple of years so it appears that the choices are to change the zoning or have the property remain vacant.

Vice Chair Horgan commented that she is concerned with the timing, noting again that we may be losing out on an opportunity.

Commissioner Driessnack commented that we have no way of knowing how long it will be before the new code is adopted or what it will include.

Chair Hoenig asked for a motion before continuing discussion.

Commissioner Kostrzewa clarified that if the property is rezoned to M-2 Multiple Family Residential, then no part of the property could be used for commercial purposes, other than the Kaya Coffee House that is currently operating from there. Kain concurred, noting that if the current use doesn't lapse it can continue; Mt. Pleasant Planning Commission January 5, 2017 Page 6

however, they would not be able to change to other C-1 uses. Kain further commented that if the use lapses for more than a year, it could not be reinstated without permission from the Zoning Board of Appeals.

Kain noted that if the new code passes, then the property would only be M-2 until the new zoning takes effect and reviewed the process:

• The Planning Commission makes a recommendation to the City Commission. • The City Commission will receive the Planning Commission's recommendation at their January 9th meeting. • The City Commission will set a public hearing for some time in February and will likely make a determination at that meeting. • If the City Commission approves the rezoning request it will become effective 30 days following their decision.

Kain noted that based on this process, the applicant could not submit an application under the new code until it is adopted and goes into effect.

Motion by Friedrich, support by Kostrzewa, to recommend that the City Commission approve Z-17-01.

Vice Chair Horgan commented that she isn't concerned about what anything this applicant would bring would look like, nor is she concerned over additional student housing; however, she is concerned that we may be giving up a unique opportunity for this property.

Commissioner Friedrich commented that he feels mixed uses go hand in hand with a walkable community and the C-1 district caters to that. He also expressed some concern that by rezoning the property to M-2, we would be losing that.

Chairman Hoenig called the question:

Ayes: Dailey, Driessnack, Friedrich, Hoenig, Irwin, Kostrzewa, Liesch. Nays: Horgan, Joseph.

Motion passed 7:2.

SUP-17-01- 1415 E. Pickard.

Kain introduced SUP-17-01 & SPR-17-01 submitted by Goudreau & Associates and Greenwald BC on behalf of Krapohl Ford/Lincoln. Kain noted that this is a large piece of property that is located on the north side of Pickard at the eastern edge of the city. The property extends north to Corporate Drive and has frontage on Pickard, Packard and Corporate.

Kain explained that the subject property has split zoning with a portion being C-3 General Business and a portion being I-1 Industrial. Properties to the east and west share this split zoning, with property to the north being a general business district located in Union Township.

Kain shared photos of the site and surrounding area, noting the location of the proposed addition.

Kain reported that there is general criteria for all special use permits and additional criteria for car dealerships. Kain reviewed the additional criteria, noting that the greenbelt standard has not been met and in addition, ORDINANCE NO. ______

AN ORDINANCE TO AMEND THE MT. PLEASANT ZONING ORDINANCES TO REZONE PROPERTIES AT 205 AND 209-219 E. BELLOWS STREET AND 1021 S. UNIVERSITY STREET

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF MT. PLEASANT:

Section 1: The Mt. Pleasant Zoning Ordinance, codified as Chapter 154 of the Code of Ordinances, is hereby amended as follows:

(a) The property located at 205 E. Bellows Street is rezoned from C-1, Local Business to M-2, Multiple Family Residential. The property is legally described as:

MARTIN ADD LOTS 12 AND S 32 FT OF LOT 13.

(b) The property located at 209-219 E. Bellows Street is rezoned from C-1, Local Business to M-2, Multiple Family Residential. The property is legally described as:

NORMAL SCHOOL ADD LOTS 11, 12 & 13 BLK. 1 ALSO COMAT SW COR LOT 12 BLK 1 NORMAL SCHOOL ADD N 60 FT.

(c) The property located at 1021 S. University Street is rezoned from P-1, Vehicular Parking to M-2, Multiple Family Residential. The property is legally described as:

MARTIN ADD LOT 14 EXC S 2 FT.

(d) The Zoning Map shall be amended to reflect the changes in subsections (a) through (c) above.

Introduced and read the ____ day of ______, 2017.

Passed, ordained and ordered published this _____ day of ______, 2017.

Section 2: Publication and Effective Date. The City Clerk shall cause to be published a notice of adoption of this ordinance within 10 days of the date of its adoption. This ordinance shall take effect 30 days after its adoption.

Kathleen Ling, Mayor

Page 1 of 2

Jeremy Howard, City Clerk

Introduced: January 9, 2017 Adopted: Published: Effective:

Page 2 of 2

COMMISSION LETTER #032-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: BIDS AND QUOTATIONS a. Road Salt

The attached memo from DPW Director John Zang recommends the purchase of an additional 500 tons of road salt through the State of Michigan MIDEAL purchasing program. This purchase will provide enough salt to get us through the remainder of this winter and likely create an inventory for the first part of next winter.

Recommended Motion: Move to award the purchase of 500 tons of road salt from the State of Michigan extended purchasing at a cost of $25,710. b. Three Leaves Drive and Denison Drive Street Rehabilitation

The attached memo from City Engineer Stacie Tewari outlines the bids received for the rehabilitation of Three Leaves Drive from Deerfield Road to Denison Drive and Denison Drive from Three Leaves to West Campus Drive. Her memo outlines the recommended pavement markings based on the pedestrian crossings. It is recommended the City Commission approve the contract with Central Asphalt for this project.

Recommended Motion: Move to approve award of contract for the Threes Leaves Drive and Denison Drive street rehabilitation project to Central Asphalt in the amount of $163,184. c. Forest Lane Reconstruction

Five bids were received for the Forest Lane Reconstruction project. As City Engineer Stacie Tewari indicates in the attached memo, McGuirk Sand and Gravel of Mt. Pleasant provided the low bid for the reconstruction of Forest Lane from Wendrow Way to the dead end. It is recommended the City Commission approve the contract with McGuirk Sand and Gravel in the COMMISSION LETTER #032-17 MEETING DATE: FEBRUARY 13, 2017 Page 2 amount of $109, 409 for this project. Since this is a local street project in an area without sidewalks, no pavement markings are recommended.

Recommended Motion: Move to approve award of contract for the Forest Lane street reconstruction project to McGuirk Sand and Gravel in the amount of $109,409.

NJR/ap

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL PUBLIC SAFETY PUBLIC WORKS 320 W. Broadway · 48858-2447 804 E. High · 48858-3595 1303 N. Franklin · 48858-4682 (989) 779-5300 (989) 779-5100 (989) 779-5400 (989) 773-4691 fax (989) 773-4020 fax (989) 772-6250 fax

To: Nancy Ridley, City Manager January 25, 2017

From: John Zang, DPW Director

Subject: Road Salt Purchase

Purchase\Contract Recommendation Summary

Request: The City Commission is requested to approve the purchase of 500 tons of road salt from the State of Michigan’s MiDeal Extended Purchasing Program at the 2016-2017 program price of $51.42/ton, for a total amount of $25,710.

Reason for Purchase: Each year, the State of Michigan’s MiDeal Extended Purchasing Program allows municipalities to purchase an initial quantity of road salt for early delivery in September or October, and, if necessary, up to 500 tons at a later date. We had sufficient stock on hand last fall, and chose to defer committing to the early delivery option in favor of the less expensive seasonal backup quantity. With several more weeks left in the winter season, this purchase will allow us to remain prepared for adverse weather and hazardous road conditions. If the weather continues to be mild, we will again, like most other years, carry over our inventory balance to avoid the high price purchase window. The current MiDeal contract pricing for the seasonal backup quantity is $51.42 per ton.

Process: Vendor Name and Address: Detroit Salt Company, LLC 12841 Sanders Detroit, MI 48217

Reason for Selection: State Contract Pricing

Method of Purchase: Direct Bill

Recommendation: I recommend the City Commission approve the purchase of 500 tons of road salt from the State of Michigan’s MiDeal Extended Purchasing Program for $25,710. Funds for this purchase are available in the 2017 Operating Budget.

THE CITY OF

MT. PLEASANT, MICHIGAN

To: Nancy Ridley, City Manager Date: 2/9/2017

From: Stacie Tewari, City Engineer

Subject: 2017 Three Leaves Drive and Denison Drive Project

Purchase\Contract Recommendation Summary Request: The City Commission is requested to award the contract for the 2017 Three Leaves Drive and Denison Drive Project to Central Asphalt, of Mt. Pleasant, in the amount of $163,184.00.

Reason for Purchase: The 2017 Three Leaves Drive and Denison Drive Project is part of the 2017 Capital Improvement Plan. This project includes the crush and shape and repave of Three Leaves Drive from Deerfield Road to Denison Drive, and on Denison Drive from Three Leaves Drive to West Campus Drive. The project includes pavement marking for 10’ lanes and dedicated bike lanes per the non-motorized plan recommendation. There are two mid-block trail crossings along the project route. They are not currently marked or signed. As part of this project, the crossings will be marked with enhanced crosswalk markings (piano bars) and signs. There are no existing sidewalk or trail crossings at the intersections, and therefore no amendment for additional enhanced crosswalk markings is included for consideration. The total construction budget is $238,000 which includes $5,000 for signs to be installed by the City Streets Department.

Process: On January 31, 2017, the following bids were received.

Vendor Total Bid Central Asphalt, Mt. Pleasant $163,184.00 Crawford Contracting, Mt. Pleasant $171,743.00 McGuirk Sand and Gravel, Mt. Pleasant $172,539.00 Robbin Harsh Excavating, Clare $218,607.50

Recommended Selection: Central Asphalt 900 S. Bradley St. PO Box 389 Mt. Pleasant, MI 48804-0389

Method of Purchase: Contract

Recommendation: City Commission award the contract for the 2017 Three Leaves Drive and Denison Drive Project to Central Asphalt, in the amount of $163,184.00. Funds are available in the 2017 Major Streets Budget.

Page | 1

THE CITY OF

MT. PLEASANT, MICHIGAN

To: Nancy Ridley, City Manager Date: 2/9/2017

From: Stacie Tewari, City Engineer

Subject: 2017 Forest Lane Reconstruction Project

Purchase\Contract Recommendation Summary Request: The City Commission is requested to award the contract for the 2017 Forest Lane Reconstruction Project to McGuirk Sand and Gravel, of Mt. Pleasant, in the amount of $109,409.20.

Reason for Purchase: The 2017 Forest Lane Reconstruction Project is part of the 2017 Capital Improvement Plan. This project includes removal and replacement of the existing pavement from Wendrow Way to the dead end and replacement of the water main underneath the cul-de-sac. The existing curbs will not be reconstructed. No pavement marking is included in this project, due to the fact that this is a local street reconstruction, and there are no sidewalk crossings. The total construction budget is $109,000.00.

Process: On January 31, 2017, the following bids were received:

Vendor Total Bid McGuirk Sand and Gravel, Mt. Pleasant $109,409.20 Robbin Harsh Excavating, Clare $113,708.00 Malley Construction, Mt. Pleasant $114,900.00 The Isabella Corporation, Mt. Pleasant $121,730.78 Crawford Contracting, Mt. Pleasant $125,697.78

Recommended Selection: McGuirk Sand and Gravel, Inc. 510 W. Pickard St. PO Box 530 Mt. Pleasant, MI 48804-0530

Method of Purchase: Contract

Recommendation: City Commission award the contract for the 2017 Forest Lane Reconstruction Project to McGuirk Sand and Gravel in the amount of $109,409.20. Funds are available in the 2017 Local Street and Water Department Budgets.

Page | 1

COMMISSION LETTER #033-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER AUTHORIZATION OF AN AMENDMENT TO THE CONTRACT WITH TOWN PLANNING & URBAN DESIGN COLLABORATIVE (TPUDC) FOR THE DOWNTOWN VISION PLAN

During the November 14, 2016 work session the City Commission came to general agreement on the various steps that will help contribute toward the creation of a Downtown Master Plan. The first step in that process was to consider a contract amendment with Town Planning & Urban Design Collaborative (TPUDC) to have this firm create additional design work for the downtown in conjunction with the existing zoning code project.

The attached memo and attachment from City Planner Jacob Kain outlines the additional services that would be provided for that design work.

The funding for this contract amendment would need to be funded from the General Fund fund balance since this work was not anticipated when the 2017 Operating Budget was approved.

Recommended motion: Move to authorize the Mayor to sign the change order with TPUDC and authorize the appropriate budget amendment for the work.

NJR/ap

MEMORANDUM

TO: Nancy Ridley City Manager

CC: William Mrdeza Community Services and Economic Development Director

FROM: Jacob Kain City Planner

Michelle Sponseller Downtown Development Director

DATE: January 27, 2017

SUBJECT: Downtown Vision Plan

At their November 14, 2016 work session, the City Commission discussed the merits of pursuing a Downtown Master Plan. At that time, it was determined that a Downtown Master Plan would be better accomplished in conjunction with a citywide Master Plan update.

Instead, interest was indicated in having the City’s zoning ordinance consultant, Town Planning & Urban Design Collaborative (TPUDC), conduct additional design work for downtown in conjunction with the character-based code project. TPUDC has provided a change order to the existing contract for services which is attached that would accomplish the tasks identified in that work session.

Please note that this project is not currently funded in the Fiscal Year 2017 budget and will require a budget amendment if approved.

REQUESTED ACTION:

The City Commission authorize the Mayor to sign a change order with Town Planning & Urban Design Collaborative for the Downtown Vision Plan at a lump sum cost of $14,500 plus expenses.

Attachment: 1. Change Order #1

CHANGE ORDER # 1 This Addendum made on January 25, 2017 to the Agreement by and between Town Planning & Urban Design Collaborative LLC (Consultant) and the City of Mt. Pleasant, Michigan (Client) and dated August 5, 2016 for Planning and Form-Based Coding services. The undersigned Client and Consultant hereby agree to the following: The term “Scope of Work” as used in the original contract is amended to include the Additional Services described in this change order as specified below:

A. Additional Services

TASK 1: Illustrative Plan for Mt. Pleasant Town Center (Intersection of Main Street and Broadway)

TASK 2: Rendering for Mt. Pleasant Town Center (Intersection of Main Street and Broadway)

TASK 3: Illustrative Plan for Parking Lot #5 infill site

TASK 4: Rendering for Parking Lot #5 infill site

TASK 5: Façade repair before and after graphic for the building at 102 E. Broadway

TASK 6: Brief Downtown Vision Plan Booklet to include brief narrative, annotated illustrative plans & renderings

B. Compensation The Consultant will provide the services described in this Scope of Services for a lump sum fee of $14,500 plus expenses.

ACCEPTED AND AGREED: Client Consultant City of Mt. Pleasant Town Planning & Urban Design Collaborative LLC

Kathleen Ling W. Brian Wright Mayor Principal Date: ______Date: ______January 25, 2017_____ COMMISSION LETTER #034-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER RESOLUTION TO ADOPT CENTRAL DRIVE AS A CITY STREET

The City receives funding through the State of Michigan’s gas and weight tax to be used exclusively for streets within the City. The formula for distribution is based on the type and number of miles of streets within the City. As the attached memo from City Engineer Stacie Tewari indicates, the City Commission must take formal action to formally accept Central Drive into the City’s street inventory. We recommend the Commission approve the attached resolution recognizing the new street.

Recommended motion: Move to approve the resolution as presented accepting Central Drive into the local street inventory for the City of Mt. Pleasant.

NJR/ap

THE CITY OF

MT. PLEASANT, MICHIGAN

To: Nancy Ridley, City Manager Date: 2/9/2017

From: Stacie Tewari, City Engineer

Subject: RESOLUTION TO ADOPT CENTRAL DRIVE BETWEEN MISSION AND EAST CAMPUS AS A CITY STREET (ATTACHED)

In order to properly allocate funding to local road authorities in the state, the Department of Transportation requires recertification of its street system maps on an annual basis. In the average year, the map for our area does not change, and it can simply be recertified by the designated street administrator. However, because we will be adding the newly constructed Central Drive, the state requires a resolution to be passed by the governing body making the following key statements:

· Acceptance of platted streets or centerline description. · Acknowledgement that said street is located within city/village right-of-way and is under municipal control. · Acknowledgement that the street is a public street and is for public street purposes. · Acknowledgement that the street has been accepted into the municipal street system and is open to the public for public use prior to December 31, 2016.

Once the attached resolution is passed, it can be forwarded to the state along with the updated and certified map. Central Drive will be added to the inventory of local streets for the city and funding will be allocated appropriately.

Proposed Acceptance Resolution for Central Drive so called.

The following resolution was offered by Commissioner ______and supported by Commissioner ______:

WHEREAS: the City of Mt. Pleasant did acquire land for street right-of-way for street purposes in 2016, and the street was constructed in 2016, and

WHEREAS: it is necessary to furnish certain information to the State of Michigan to place this street within the City of Mt. Pleasant street system for the purpose of obtaining funds under Act 51, P.A. 1951 as amended.

NOW, THEREFORE, IT IS RESOLVED:

1. That said street is to be named Central Drive.

2. That the center line of Central Drive is described as follows:

CENTERLINE OF CENTRAL DRIVE IS DESCRIBED AS COMMENCING 1648.75 FEET SOUTH OF THE EAST 1/4 CORNER OF SECTION 22, T14N, R4W, THENCE WEST 389.18 FEET, THENCE NORTH 83 DEGREES 49 MINUTES 42 SECONDS WEST, 64.13 FEET TO THE ENDING, CITY OF MT. PLEASANT, ISABELLA COUNTY, MICHIGAN.

3. That said street is located within a City of Mt. Pleasant right-of-way and is under the control of the City of Mt. Pleasant.

4. That said street is a public street and is for public street purposes.

5. That said street is accepted into the City of Mt. Pleasant Local Street system and was open to the public November 14, 2016.

Resolution unanimously adopted.

I, Jeremy Howard, City Clerk for the City of Mt. Pleasant, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission at a regular meeting held February 13, 2017.

______Jeremy Howard, City Clerk Dated: ______

COMMISSION LETTER #035-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER AUTHORIZATION OF AN AMENDMENT TO THE CONTRACT WITH SPICER GROUP FOR PROJECT MANAGEMENT OF THE MT. PLEASANT CENTER PROPERTY FOR 2017

The attached memo from Community Services and Economic Development Director Bill Mrdeza outlines the history of our bid and contracts with the Spicer Group for project management of the Mt. Pleasant Center property. It has been our practice to approve a contract with Spicer Group the beginning of each year which includes the potential work that may be accomplished during the calendar year. As Mr. Mrdeza’s memo outlines, none of this work will be started unless we specifically ask Spicer to begin work. If all of the work were to be completed, the total fee for the year would be not-to-exceed $117,800.

It is recommended the City Commission authorize the Mayor and Clerk to sign the contract as presented so that the Spicer Group is under contract for services if we desire to move forward.

Recommended motion: Move to authorize the Mayor and Clerk to sign the contract as recommended with Spicer Group.

NJR/ap

l\fEMORANDUM

TO: Nancy Ridley, City Manager ~ •

FROM: William R. Mrdeza ~ Community Services and Economic Development Director \J..) -·

DATE: February 7, 2017

SUBJECT: Spicer Engineering 2017 Mt. Pleasant Center Project Management Contract

Background

After a Request for Proposal process, the City entered into a contract with the Spicer Group in 2011 as the lead contractor for a team of professionals to assist the City with the investigation, inventory, and eventual redevelopment of the Mt. Pleasant Center property. The deliverables in the original contract included:

• Financing plan development • Community outreach/communications plan • Demolition and site cost updates • Preliminary highest and best use study • Land use suitability planning • Surplus equipment liquidation • Overall project management

It was originally envisioned that the project would be phased over multiple years with the above scope of services serving as the initial work needed to lay the foundation for subsequent efforts to redevelop the property. The deliverables identified in the original contract have largely been accomplished; the work plan identified in this proposed contract is based on activities at the Mt. Pleasant Center which supports planned or future anticipated development opportunities. The line items contained in the contract are intended to be a frame work to provide needed assistance to the City as the need arises and will not be undertaken without previous authorization.

Spicer's proposed contract for anticipated activities in 2017 is based on the City's desire to move forward with the redevelopment of the site as opportunities present themselves. The scope of work includes:

City of Mt. Pleasant Community Services Division J 320 W. Broadway Mt. Pleasant, MT 48858 (989) 779-53 11 William R. Mrdeza, Community Services and Economic Development Director • Closeout assistance with the previous MDEQ loan and Melching demolition contract associated with demolition activities at the site • Engineering specifications and bidding activities for remediation of the former Mt. Pleasant Center landfill, including oversight and management activities • As-needed project management assistance not associated with the above proposed landfill remediation • Utility engineering as needed to support future proposed development projects • Grant funding assistance as needed

Attached is a summary chart of the proposed services and the estimated fees associated with each line item. As noted above, the contract provides language indicating that no items will be completed without prior authorization. In addition, deviations from the original budgets due to actual field conditions encountered, scope of work changes, or other factors will be clearly communicated ahead of time to the City for authorization prior to the commencement of activities.

Action Requested:

Authorize the 2017 contract with the Spicer Group which includes a scope of services as outlined for a not-to-exceed cost of $117,800.

City of Mt. Pleasant Cominunity Services Division 320 W. Broadway Mt. Pleasant. Ml 48858 (989) 779-5311 William R. Mrdeza, Community Services and Economic Development Director Project Management Proposal 2017 City of Mt. Pleasant February I, 2017 Page 4

No items will be completed without your prior authorization. Deviations from the original budgets due to actual field conditions encountered, scope of work change, or other factors will be clearly communicated to the City of Mt. Pleasant for approval.

If the City of Mt. Pleasant chooses to alter the proposed scope of work, Mt. Pleasant shall advise the Project Team such that we can propose alterations to the scope of work and related fees. Mt. Pleasant will authorize the Project Team in writing to conduct more or less work than defined in this proposal.

The Project Team will provide these services using its commercially reasonable best efforts consistent with the level and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

The following tables present a cost breakdown related to the scope of work described in this proposal.

Estimated Project Fees and Project Management 2017

Loan close out, Melching Close out Subtotal $8,000.00

$20,000 Oversight and Management $30,000 Subtotal $50.000.00

Subtotal $50,000.00

Estimated Project Fee $117,800.00

Table Notes: A- Final budget for landfill oversight and management, contractor bids, alternate bids selects, and contractor performance.

The proposed scope of work and cost estimates are based on the previous project discussions between all of the parties through previous years projects. COMMISSION LETTER #036-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER AMENDMENT TO AIRPORT SNOW REMOVAL CONTRACT

In November 2015 the City Commission approved a contract with Pat McGuirk Excavating for snow removal at the airport for the 2015-2018 snow seasons. The contract was for a not-to-exceed cost of $12,500 for 2015-2016, 2016-2017, and 2017-2018. As the attached memo from DPW Director John Zang indicates, $8,940 of the $12,500 budgeted for the 2016-2017 season has been exhausted due to the heavy snowfalls received in December and January.

While it is difficult to predict the needs for the remaining months of winter, it is likely the remaining $3,560 will not cover the remainder of the season. Therefore, staff recommends the contract be amended for an additional $6,000 for a total not-to-exceed amount of $18,500 for this snow season. Staff also recommends the Commission approve a budget amendment for the same.

Recommended motion: Move to authorize the contract with Pat McGuirk Excavating to a not-to-exceed amount of $18,500 for the 2016-2017 snow season and approve a budget amendment for the same.

NJR/ap

THE OF CITY MT. PLEASANT, MICHIGAN

To: Nancy Ridley, City Manager Date: 2/9/2017

From: John Zang, DPW Director

Subject: Amend 2016-2017 Airport Snow Removal Contract

Purchase\Contract Recommendation Summary

Request: The City Commission is requested to approve a modification to the 2016-2017 snow removal contract with Pat McGuirk Excavating, to increase the not-to-exceed contract amount from $12,500 to $18,500, and a budget amendment for the same.

Reason for Purchase: In 2015, the Commission awarded a snow removal contract to Pat McGuirk Excavating for a not-to-exceed amount of $12,500 for each of the 2015-2016, 2016-2017 and 2017-2018 snow- hauling seasons. The snow removal costs for each contract period are monitored by Public Works staff. Between December 2016 and January 2017, we have spent a total of $8,940 on snow removal, leaving a remaining balance of $3,560 on the 2016-2017 contract.

While we cannot predict how much snow will fall during the next few months, it is clear we will exceed the amount of the contract. With the Commission’s approval, we can modify contract for a new not-to-exceed amount of $18,500, which we anticipate would cover the remainder of the 2016-2017 snow removal season. If we set a new not-to-exceed amount, and the City receives a higher than expected amount of snowfall before spring, we will need to submit another increase request to the Commission at a future date.

Recommendation: I recommend the City Commission approve a modification of the 2016-2017 snow removal contract with Pat McGuirk Excavating to increase the not-to-exceed amount to $18,500, and a budget amendment for the same.

cc: Bill Brickner, Airport Manager

COMMISSION LETTER #037-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER RECOMMENDATION FROM THE PLANNING COMMISSION TO APPOINT COREY FRIEDRICH AS THE REPRESENTATIVE OF THE PLANNING COMMISSION TO THE ZONING BOARD OF APPEALS

Attached is a communication from City Planner Jacob Kain recommending the appointment of Mr. Corey Friedrich to serve as the Planning Commission representative on the Zoning Board of Appeals. Mr. Friedrich has served as the representative the past two years and is being recommended by the Planning Commission to serve again in 2017. It is recommended the City Commission support the recommendation of the Planning Commission and appoint Mr. Friedrich as the representative of the Planning Commission to the Zoning Board of appeals.

Recommended Motion: Move to approve the appointment of Cory Friedrich as the representative of the Mt. Pleasant Planning Commission to the Zoning Board of Appeals for a one-year term as recommended by the Planning Commission.

NJR/ap

MEMORANDUM

TO: Nancy Ridley City Manager

CC: William Mrdeza Community Services and Economic Development Director

FROM: Jacob Kain City Planner

DATE: February 3, 2017

SUBJECT: Planning Commission / Zoning Board of Appeals crossover member

At their meeting on February 2, the Planning Commission recommended that Corey Friedrich continue to serve as the crossover member to the Zoning Board of Appeals.

In addition, the Planning Commission selected their officers for 2017. Lesley Hoenig was elected Chair and Susan Horgan was elected Vice-Chair.

Requested Action:

Receive the Planning Commission’s recommendation and appoint Corey Friedrich as the Planning Commission crossover member to the Zoning Board of Appeals.

COMMISSION LETTER #038-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER RESOLUTION TO APPROVE FACILITY LICENSE AGREEMENTS

As the attached memo from Parks and Recreation staff outlines, the City has a long history of successful partnerships with Mt. Pleasant Little League, Mt. Pleasant Baseball Association and Mt. Pleasant Girls Softball and our community has been well served. The partnerships have had a positive impact on youth, as well as high school sports teams and have also resulted in Mt. Pleasant serving as a host for numerous tournaments over the years.

Developing standard agreements has been a pending staff task for a couple of years. Even though basic agreements exist from the 1970’s, much has changed since then and most matters have only been dealt with verbally, which can often lead to misunderstandings and unmet expectations.

Based on research completed, conversations with the partners and legal review, staff and the Parks and Recreation Commission are recommending a standard template to use going forward. In addition, specific agreements for 2017 for Little League and Fast Pitch Softball have been developed.

The Parks and Recreation Commission reviewed all of these materials at their January meeting and unanimously recommend approval to the City Commission. The attached resolution would approve the template, authorize staff to sign the standard agreements and approve the specific agreements for 2017 for Little League and Fast Pitch Softball.

Recommended Motion: Move to approve the resolution regarding facility license agreements as presented.

NJR/ap

MEMO TO: Nancy Ridley, City Manager

FROM: Chris Bundy, Director of Parks & Public Spaces Ryan Longoria, Director of Recreation Steve Hofer, Recreation Coordinator

DATE: February 8, 2017

SUBJECT: City Park Youth Sports Agreements

CC: Bill Mrdeza, Director of Community Services

For over 40 years the City Parks and Recreation Departments have worked closely with area youth sports leagues to help facilitate strong programs and quality facilities for our community. Mt. Pleasant’s recreational youth softball and baseball programs including Mt. Pleasant Girls’ Youth Softball, Mt. Pleasant Little League Baseball, and Mt. Pleasant Baseball Association are envied throughout mid-Michigan and known locally for great youth participation and quality facilities. These “grass roots” programs were created years ago by dedicated community members and have maintained consistent community involvement over the years up to the present day and have continued to flourish with the combined support of the City and dedicated community members. Basic use agreements were established in the 1970’s between the City and youth services organizations covering items such as facility use, cost sharing for utilities, and youth participation but are no longer relevant today.

Over the years with the ongoing succession of volunteers and City staff coupled with program changes, liability requirements, facility upgrades, flood damage and repairs etc. the Parks and Recreation Commission and staff feels it is imperative to update and formalize our facility youth sports agreements to:  Provide a modern level of consistency to all league agreements  Insure ongoing communication and input with each organization o Board members change over the seasons, and keeping everyone updated and engaged is the key to collaboration success  Insure accountability and reduce liability for use of City facilities o Assure that all leagues using City facilities are conducting appropriate coach/volunteer background checks o Assure proper liability insurance is in place for each activity and appropriate risk management documents are received  Specifically outline the scope of services needed/desired for each facility and league and identify who and how work will be completed  Establish an appropriate cost recovery system to support a sustainable facility maintenance program  Better assure that local youth have access to quality City Recreation facilities well into the future

Staff has worked with legal counsel to create a general template to be used by outside athletic organizations requesting use of the city’s facilities for athletic programming and events. The agreements for Little League and Girls’ Youth softball (attached) were created using this template.

Staff has been in communication with our league partners and have discussed the need for updated agreements and associated costs and they are aware of potential upcoming changes. Each league that utilizes City facilities has different needs and level of care and assistance from

City staff. The attached agreements and fees reflect the level and scope of the City’s participation for each league during the upcoming 2017 season. At this time staff and the Parks and Recreation Commission are recommending that these be annual agreements between the City and the participating organizations to assure ongoing communication with each league and allow for annual evaluation and input.

The Parks and Recreation Commission reviewed and discussed the general template, agreements, and fees and made the following motion at their regular January 2017 meeting:

The Mt. Pleasant Parks and Recreation Commission recommends the City Commission adopt the general template and 2017 facility use agreements that accurately reflect operations and maintenance for:

 Mt. Pleasant Little League Baseball with per game fee of $18.00 in 2017  Mt. Pleasant Girls Youth Softball with per game fee of $20.00 in 2017, including a tiered increase in 2018 to better reflect actual costs of the league.

CB/lmw

CITY COMMISSION CITY OF MOUNT PLEASANT Isabella County, Michigan Commissioner ______, supported by Commissioner ______, moved the adoption of the following ordinance: RESOLUTION NO. A RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN FACILITIES LICENSE AGREEMENTS WHEREAS, the City owns and operates numerous recreational facilities within the City, including but not limited to Island Park and Pickens Field (collectively, the “Facilities”); WHEREAS, from time to time, community groups or organizations desire to use the Facilities for operation of recreational programs including but not limited to softball, baseball, or other athletics; WHEREAS, the City desires to permit use of the Facilities by community groups and organizations for recreational activities in accordance with the terms and conditions set forth in the attached Exhibit A (the “Facilities License Agreement”). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City approves the Facilities License Agreement in the form attached. 2. The City Manager, or his or her designee, is authorized to sign Facilities License Agreement(s). 3. All resolutions and parts of resolutions are, to the extent of any conflict with this resolution, rescinded. YEAS: Commissioner(s) NAYS: Commissioner(s) ABSTAIN: Commissioner(s) ABSENT: Commissioner(s)

RESOLUTION DECLARED ADOPTED. CERTIFICATION As the City Clerk of the City of Mount Pleasant, Isabella County, Michigan, I certify this is a true and complete copy of a resolution adopted by the Mount Pleasant City Commission at a regular meeting held on ______, 2017.

Date: , 2017 Jeremy Howard, City Clerk

FACILITIES LICENSE AGREEMENT This Facilities License Agreement is made as of , 2017, between the City of Mount Pleasant, a Michigan municipal corporation, the principal business address of which is whose address is 320 West Broadway, Mt. Pleasant, MI 48858, (the “City”) and ______, whose address is ______(the "League"). RECITALS A. The City owns and operates recreational facilities commonly known as Island Park, Horizon Park, and Pickens Field (collectively the “Facilities”). B. The League conducts a ______program within the community (the “Program”) and desires to use the portion(s) of the Facilities depicted on the attached Exhibit A as a location for the Program. C. The City desires to facilitate recreational activities within the community and desires to allow the League’s use of the Facilities for the Program in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS In exchange for the consideration in and referred to by this Agreement, the parties agree as follows: 1. License. The City grants the League a non-exclusive license for its use of the Facilities for its Program subject to the terms and conditions of this Agreement, and for no other purpose. 2. Term. Unless terminated earlier pursuant to this Agreement, this Agreement shall commence on the date this Agreement is executed and shall terminate one calendar year later.

3. License Fee. The League shall pay to the City a license fee of $____ for each game played at the Facilities by the League not later than 30 days after the City invoices the League for the same. Upon request by the City, the League shall provide a list of scheduled games in the League. The League shall also pay the City ___% of all concession sales generated by the League at the Facilities within 30 days of the sale of the same. 4. Requirements of the League. This license is subject to the following terms and conditions: (a) The League’s use of the Facilities shall be in accordance with generally accepted operating practices and procedures available on the City’s website and shall be under the supervision and direction of the City’s Parks and Recreation Director, which shall include for the purposes of this Agreement, his or her designee(s). The League shall be responsible for obtaining any required permits for the use of the Facilities that may be required under federal, state, or local law. (a) The League shall oversee employees, volunteers, contracted officials, participants and guests to ensure all mentioned parties, abide by all City policies, rules, and regulations, and shall comply with the directions of City staff. (b) The League shall not engage in any business at the Facilities or do anything in connection therewith which shall be in violation of any existing federal, state, or local law, ordinance, or regulation, or use the same in such manner as to constitute a nuisance. (c) The League shall provide current 501(c)3 paperwork to the City, evidencing the League’s 501(c)(3) status, good standing, list of board members, and League budget. (d) The League’s use of the Facilities shall be only during the months of April, May, June, and July for year of permitted use. (e) The League shall submit proposed use schedules to the City for the City’s written approval in at least 30 days in advance of its first practice. The League shall inform the City of schedule changes in writing at least 7 days in advance of the scheduled activity. The City reserves the right to charge a fee to the League any reserved fields not used by the League if the City is not informed in writing of any schedule change(s) at least 7 days in advance. However, if changes

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are made to the schedule with less than 7 days’ notice due to weather, the League shall be allowed to reschedule the activity with no charge to the League at a time and location agreed upon by the City. (f) The City reserves the right to make final determinations regarding playability of fields that may be caused by weather conditions. The City will contact the League no later than 4:00pm on game day to communicate playability conditions should they arise. (g) The League’s scheduled use of the Facilities shall be subject to the City’s use of the Facilities and the City shall have priority over the League if the City’s use of the Facilities conflicts with the use of the Facilities by the League. However, both parties agree to work in good faith to avoid such scheduling conflicts. (h) The League shall not charge a fee for parking to any party that is involved with the League or its scheduled activities. (i) The League shall conduct background checks on all coaches and League personnel prior to the start of scheduled activities. The City reserves the right to request background checks on all League coaches and personnel. (j) Storage of any League equipment at the Facility shall be as agreed upon by the parties. (k) The League, and its participants, shall not injure, mar, or in any way deface the Facilities and shall not cause or permit anything to be done whereby the Facilities shall be in any manner injured, marred or defaced. The League shall be solely responsible for any damage to the Facilities incurred during its use of the same for the Program. (l) The League accepts the Facilities “AS IS” and with all faults. The City has not made, does not make, and has not authorized anyone else to make any representation or warranty as to the Facilities. Without limiting the generality of the previous statement, the City makes no representation about the presence or absence of any hazardous substances or materials or other contaminants and makes no representation about the suitability of the Facilities for any purpose or use. 5. Requirements of the City. (a) The City shall maintain restrooms at the Facilities for use of the public and the League’s participants during operating hours of the Facilities. (b) The City shall maintain the grounds area inside and outside the playing field area, including ball diamonds, dugouts, restroom-storage building, grass mowing, and field lining, as determined by the agreed upon League schedule. The League shall not perform any maintenance to the Facilities without prior written approval from the City. (c) The City shall also be responsible for removal of trash from the Facilities, however, the League shall ensure that obvious trash and litter is removed from the playing field and spectator areas and placed in designated trash receptacles following use of the Facilities. The City and the League shall agree in writing in advance regarding any additional field maintenance and/or preventative maintenance such as fertilizer, weed control, and grub control, as well as the allocation of costs for the same. The League shall reimburse the City for the agreed upon allocation of the cost of such additional maintenance within 30 days of receipt of the invoice for the same. (d) The City shall be responsible for the payment of utilities associated with the Facilities, however the City reserves the right to require payment from the League for utilities costs incurred during the League’s use of the Facilities. If the City invoices the League for such utilities, the League shall reimburse the City for the utility costs within 30 days of the invoice. 6. Improvements to the Facilities. (a) The League acknowledges that during the term of this Agreement, the City may construct and renovate portions of the Facilities, including but not limited to buildings, playing fields and

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surrounding areas, function spaces, and park infrastructure improvements. Rerouting of vehicular and pedestrian traffic, noise, dust, and other customary consequences of construction activity may occur. The League shall have no claim for reduction of services caused by scheduled construction activity and shall have no priority in relocating to comparable locations. (b) The League shall not construct any improvement or make any modifications to the Facilities without prior written consent of the City. At least 60 days prior to commencing any approved construction or installation of improvements, the League shall present plans, detailed specifications, and a timeline for completion of the construction and installation of desired improvements to the City for the City’s reasonable review and written approval. The plans and specifications shall comply with applicable federal, state, and local standards. (c) The parties shall agree in writing in advance to the distribution of costs for any approved improvements. (d) Upon the City’s written approval of the plans, specifications, distribution of costs, and timeline, the League shall cause any approved improvements to be constructed and installed in accordance with the same, in the manner and with the distribution of costs as agreed upon by the City. The City shall have the right to inspect the improvements prior to the League’s use of the same. (e) The League shall ensure that all contractors used for the installation or construction of agreed upon improvements have commercially appropriate liability insurance covering any injuries and property damage occurring during installation. (f) All materials added to fields must first be approved by the City. Material includes, but not limited to, infield aggregate or engineered soil mix, grass seed, field drying agents, clay bricks and material for mounds, fertilizer, weed control, and grub control. (g) Unless otherwise agreed by the parties, any improvements made to the Facilities by the League become and remain the property of the City following termination of this Agreement. 7. League Sponsorships. (a) League sponsorships must be approved by the City. All sponsors must be in good financial standing with the City. (b) League sponsorship banners may be displayed only during the contracted season or other activity agreed upon in advance in writing by the City (for example, a camp, clinic, or tournament). (c) Sponsorship banners must not exceed 4’ in height x 8’ in length. 8. Concessions. The League may sell snacks and non-alcoholic beverages for consumption by its Program participants and the public during its scheduled use of the Facilities. The League’s sale of concessions shall be in accordance with all applicable law and permit requirements. Upon request by the City, the League shall provide the City with a list of concessions offered for sale at the Facilities. The sale or consumption of alcoholic beverages is strictly prohibited at the Facilities. 9. Assignment or Use by Others Prohibited. The League may not assign this Agreement or its rights, privileges, duties or obligations under this Agreement without the City’s prior written consent. The prohibition against assignment or use by others includes a prohibition against the operation by third parties of any camps, scrimmages, tryouts and/or tournaments without the advance written approval of the City. 10. Indemnification. The League shall hold the City (defined for purposes of this paragraph to include the City’s officers and employees) harmless from, indemnify it for and defend it (with legal counsel reasonably acceptable to the City) against any demand, claim, judgment, award, legal proceeding or loss of any kind arising from the League’s use of the Facilities. 11. Insurance. The League shall obtain and maintain insurance for all personal property stored in the restroom-storage building, or on Facility property. The League will provide the City with certificate of insurance evidencing public liability coverage, with limits of insurance as required by the City.

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12. Termination. (a) The City Council may revoke this license at will. In the absence of a breach of this Agreement by the League, prior to terminating the license, the City shall first give the League 30 days’ written notice that it is considering such action and the date and time of the City Council meeting at which such action will initially be considered so that the League may address the City Council. (b) The City Manager of the City may suspend or revoke this license immediately without notice if he or she reasonably that the League has breached the terms of this Agreement. (c) The League may terminate this Agreement for any reason by providing 30 days’ written notice to the City. (d) Upon the termination of this Agreement, the League shall, unless directed otherwise by the City, remove its equipment and improvements from the Facilities and restore the Facilities to the condition it was in prior to its use of the Facilities without cost to the City. If the League fails to remove its equipment or other improvements as requested by the City within 30 days of termination of the Agreement, the City may do so and invoice the League for the cost of removal. 13. Property Rights and Access. This Agreement grants only a license to use and does not grant or convey to the League any rights, title, or interest in the Facilities. The City retains all property rights to the Facilities and retains its right to access the Facilities without notice to the League. To the extent the Property becomes taxable as a result of the League’s improvements or activities at the Facilities, the League shall be responsible for payment of the applicable real and personal property taxes. 14. Binding Effect. This Agreement shall be binding upon the parties to this Agreement as well as their successors and permitted assigns. 15. Miscellaneous. (a) This is the entire agreement between the parties regarding its subject matter. There are no prior or contemporaneous agreements. It may not be modified or amended except in writing, signed by each party. It shall not be affected by any course of dealing. The captions are for reference only and shall not affect its interpretation. More than one copy of this Agreement may be signed, but all constitute but one agreement. This Agreement shall be construed as if it were mutually drafted. Michigan law applies to this Agreement and its enforcement. Jurisdiction and venue for any action arising from or brought pursuant to this Agreement shall be solely in the state courts in Isabella County, Michigan.

(b) Any notices shall be made in writing to the addresses first written above or such other addresses as indicated by notice and shall be made by personal delivery or by postage prepaid United States first-class mail and shall be deemed completed when actually received or, if by first-class mail, three business days after mailing. The parties have signed this Agreement as of the date first above written. CITY OF MOUNT PLEASANT ______

By: By: Its______, Nancy Ridley, City Manager

Date signed: , 2016 Date signed: , 2016

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EXHIBIT A DEPICTION OF THE FACILITIES

GRAPIDS 57654-1 431472v1

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FACILITIES LICENSE AGREEMENT This Facilities License Agreement is made as of , 2017, between the City of Mount Pleasant, a Michigan municipal corporation, the principal business address of which is whose address is 320 West Broadway, Mt. Pleasant, MI 48858, (the “City”) and the Mount Pleasant Little League, whose address is ______(the "League"). RECITALS A. The City owns and operates recreational facilities commonly known as Pickens Field (the “Facilities”). B. The League conducts a youth baseball program within the community (the “Program”) and desires to use the portion(s) of the Facilities depicted on the attached Exhibit A as a location for the Program. C. The City desires to facilitate recreational activities within the community and desires to allow the League’s use of the Facilities for the Program in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS In exchange for the consideration in and referred to by this Agreement, the parties agree as follows: 1. License. The City grants the League a non-exclusive license for its use of the Facilities for its Program subject to the terms and conditions of this Agreement, and for no other purpose. 2. Term. Unless terminated earlier pursuant to this Agreement, this Agreement shall commence on the date this Agreement is executed and shall terminate one calendar year later.

3. License Fee. The League shall pay to the City a license fee of $18 for each game played at the Facilities by the League not later than 30 days after the City invoices the League for the same. Upon request by the City, the League shall provide a list of scheduled games in the League. The League shall also pay the City 0% of all concession sales generated by the League at the Facilities within 30 days of the sale of the same. 4. Requirements of the League. This license is subject to the following terms and conditions: (a) The League’s use of the Facilities shall be in accordance with generally accepted operating practices and procedures available on the City’s website and shall be under the supervision and direction of the City’s Parks and Recreation Director, which shall include for the purposes of this Agreement, his or her designee(s). The League shall be responsible for obtaining any required permits for the use of the Facilities that may be required under federal, state, or local law. (a) The League shall oversee employees, volunteers, contracted officials, participants and guests to ensure all mentioned parties, abide by all City policies, rules, and regulations, and shall comply with the directions of City staff. (b) The League shall not engage in any business at the Facilities or do anything in connection therewith which shall be in violation of any existing federal, state, or local law, ordinance, or regulation, or use the same in such manner as to constitute a nuisance. (c) The League shall provide current 501(c)3 paperwork to the City, evidencing the League’s 501(c)(3) status, good standing, list of board members, and League budget. (d) The League’s use of the Facilities shall be only during the months of April, May, June, and July for year of permitted use. (e) The League shall submit proposed use schedules to the City for the City’s written approval in at least 30 days in advance of its first practice. The League shall inform the City of schedule changes in writing at least 7 days in advance of the scheduled activity. The City reserves the right to charge a fee to the League any reserved fields not used by the League if the City is not informed in writing of any schedule change(s) at least 7 days in advance. However, if changes are made to the schedule with less than 7 days’ notice due to weather, the League shall be

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allowed to reschedule the activity with no charge to the League at a time and location agreed upon by the City. (f) The City reserves the right to make final determinations regarding playability of fields that may be caused by weather conditions. The City will contact the League no later than 4:00pm on game day to communicate playability conditions should they arise. (g) The League’s scheduled use of the Facilities shall be subject to the City’s use of the Facilities and the City shall have priority over the League if the City’s use of the Facilities conflicts with the use of the Facilities by the League. However, both parties agree to work in good faith to avoid such scheduling conflicts. (h) The League shall not charge a fee for parking to any party that is involved with the League or its scheduled activities. (i) The League shall conduct background checks on all coaches and League personnel prior to the start of scheduled activities. The City reserves the right to request background checks on all League coaches and personnel. (j) The League, and its participants, shall not injure, mar, or in any way deface the Facilities and shall not cause or permit anything to be done whereby the Facilities shall be in any manner injured, marred or defaced. The League shall be solely responsible for any damage to the Facilities incurred during its use of the same for the Program. (k) Storage of any League equipment at the Facility shall be as agreed upon by the parties. (l) The League shall maintain restrooms at the Facilities when the restrooms are open during League activity. (m) The League shall be responsible for maintenance of the infields, pitching mounds, batters’ boxes, batting cages, and dugouts at no cost to the City. The League shall also conduct a spring and fall season clean up during the calendar year of the Agreement at no cost to the City. (n) The League shall purchase, install, and maintain bases, mounds, and batters’ boxes that comply with applicable safety standards, at no cost to the City. (o) The League accepts the Facilities “AS IS” and with all faults. The City has not made, does not make, and has not authorized anyone else to make any representation or warranty as to the Facilities. Without limiting the generality of the previous statement, the City makes no representation about the presence or absence of any hazardous substances or materials or other contaminants and makes no representation about the suitability of the Facilities for any purpose or use. 5. Requirements of the City. (a) The City shall maintain restrooms at the Facilities for use of the public and the League’s participants during operating hours of the Facilities. (b) The City shall maintain the grounds area inside and outside the playing field area, restroom- storage building, grass mowing, and field lining, as determined by the agreed upon League schedule. Except as otherwise set forth in this Agreement, the League shall not perform any maintenance to the Facilities without prior written approval from the City. (c) The City shall also be responsible for removal of trash from the Facilities, however, the League shall ensure that obvious trash and litter is removed from the playing field and spectator areas and placed in designated trash receptacles following use of the Facilities. The City and the League shall agree in writing in advance regarding any additional field maintenance and/or preventative maintenance such as fertilizer, weed control, and grub control, as well as the allocation of costs for the same. The League shall reimburse the City for the agreed upon allocation of the cost of such additional maintenance within 30 days of receipt of the invoice for the same.

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(d) The City shall be responsible for the payment of utilities associated with the Facilities, however the City reserves the right to require payment from the League for utilities costs incurred during the League’s use of the Facilities. If the City invoices the League for such utilities, the League shall reimburse the City for the utility costs within 30 days of the invoice. 6. Improvements to the Facilities. (a) The League acknowledges that during the term of this Agreement, the City may construct and renovate portions of the Facilities, including but not limited to buildings, playing fields and surrounding areas, function spaces, and park infrastructure improvements. Rerouting of vehicular and pedestrian traffic, noise, dust, and other customary consequences of construction activity may occur. The League shall have no claim for reduction of services caused by scheduled construction activity and shall have no priority in relocating to comparable locations. (b) The League shall not construct any improvement or make any modifications to the Facilities without prior written consent of the City. At least 60 days prior to commencing any approved construction or installation of improvements, the League shall present plans, detailed specifications, and a timeline for completion of the construction and installation of desired improvements to the City for the City’s reasonable review and written approval. The plans and specifications shall comply with applicable federal, state, and local standards. (c) The parties shall agree in writing in advance to the distribution of costs for any approved improvements. (d) Upon the City’s written approval of the plans, specifications, distribution of costs, and timeline, the League shall cause any approved improvements to be constructed and installed in accordance with the same, in the manner and with the distribution of costs as agreed upon by the City. The City shall have the right to inspect the improvements prior to the League’s use of the same. (e) The League shall ensure that all contractors used for the installation or construction of agreed upon improvements have commercially appropriate liability insurance covering any injuries and property damage occurring during installation. (f) All materials added to fields must first be approved by the City. Material includes, but not limited to, infield aggregate or engineered soil mix, grass seed, field drying agents, clay bricks and material for mounds, fertilizer, weed control, and grub control. (g) Unless otherwise agreed by the parties, any improvements made to the Facilities by the League become and remain the property of the City following termination of this Agreement. 7. League Sponsorships. (a) League sponsorships must be approved by the City. All sponsors must be in good financial standing with the City. (b) League sponsorship banners may be displayed only during the contracted season or other activity agreed upon in advance in writing by the City (for example, a camp, clinic, or tournament). (c) Sponsorship banners must not exceed 4’ in height x 8’ in length. 8. Concessions. The League may sell snacks and non-alcoholic beverages for consumption by its Program participants and the public during its scheduled use of the Facilities. The League’s sale of concessions shall be in accordance with all applicable law and permit requirements. Upon request by the City, the League shall provide the City with a list of concessions offered for sale at the Facilities. The sale or consumption of alcoholic beverages is strictly prohibited at the Facilities. 9. Assignment or Use by Others Prohibited. The League may not assign this Agreement or its rights, privileges, duties or obligations under this Agreement without the City’s prior written consent. The prohibition against assignment or use by others includes a prohibition against the operation by third parties of any camps, scrimmages, tryouts and/or tournaments without the advance written approval of the City.

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10. Indemnification. The League shall hold the City (defined for purposes of this paragraph to include the City’s officers and employees) harmless from, indemnify it for and defend it (with legal counsel reasonably acceptable to the City) against any demand, claim, judgment, award, legal proceeding or loss of any kind arising from the League’s use of the Facilities. 11. Insurance. The League shall obtain and maintain insurance for all personal property stored in the restroom-storage building, or on Facility property. The League will provide the City with certificate of insurance evidencing public liability coverage, with limits of insurance as required by the City. 12. Termination. (a) The City Council may revoke this license at will. In the absence of a breach of this Agreement by the League, prior to terminating the license, the City shall first give the League 30 days’ written notice that it is considering such action and the date and time of the City Council meeting at which such action will initially be considered so that the League may address the City Council. (b) The City Manager of the City may suspend or revoke this license immediately without notice if he or she reasonably that the League has breached the terms of this Agreement. (c) The League may terminate this Agreement for any reason by providing 30 days’ written notice to the City. (d) Upon the termination of this Agreement, the League shall, unless directed otherwise by the City, remove its equipment and improvements from the Facilities and restore the Facilities to the condition it was in prior to its use of the Facilities without cost to the City. If the League fails to remove its equipment or other improvements as requested by the City within 30 days of termination of the Agreement, the City may do so and invoice the League for the cost of removal. 13. Property Rights and Access. This Agreement grants only a license to use and does not grant or convey to the League any rights, title, or interest in the Facilities. The City retains all property rights to the Facilities and retains its right to access the Facilities without notice to the League. To the extent the Property becomes taxable as a result of the League’s improvements or activities at the Facilities, the League shall be responsible for payment of the applicable real and personal property taxes. 14. Binding Effect. This Agreement shall be binding upon the parties to this Agreement as well as their successors and permitted assigns. 15. Miscellaneous. (a) This is the entire agreement between the parties regarding its subject matter. There are no prior or contemporaneous agreements. It may not be modified or amended except in writing, signed by each party. It shall not be affected by any course of dealing. The captions are for reference only and shall not affect its interpretation. More than one copy of this Agreement may be signed, but all constitute but one agreement. This Agreement shall be construed as if it were mutually drafted. Michigan law applies to this Agreement and its enforcement. Jurisdiction and venue for any action arising from or brought pursuant to this Agreement shall be solely in the state courts in Isabella County, Michigan.

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The parties have signed this Agreement as of the date first above written. CITY OF MOUNT PLEASANT MOUNT PLEASANT LITTLE LEAGUE

By: By: Its______, Nancy Ridley, City Manager

Date signed: , 2017 Date signed: , 2017

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EXHIBIT A DEPICTION OF THE FACILITIES

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FACILITIES LICENSE AGREEMENT This Facilities License Agreement is made as of , 2017, between the City of Mount Pleasant, a Michigan municipal corporation, the principal business address of which is whose address is 320 West Broadway, Mt. Pleasant, MI 48858, (the “City”) and the Mount Pleasant Girls’ Fast Pitch League, whose address is ______(the "League"). RECITALS A. The City owns and operates recreational facilities commonly known as Island Park, Horizon Park, and Pickens Field (collectively the “Facilities”). B. The League conducts a youth softball program within the community (the “Program”) and desires to use the portion(s) of the Facilities depicted on the attached Exhibit A as a location for the Program. C. The City desires to facilitate recreational activities within the community and desires to allow the League’s use of the Facilities for the Program in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS In exchange for the consideration in and referred to by this Agreement, the parties agree as follows: 1. License. The City grants the League a non-exclusive license for its use of the Facilities for its Program subject to the terms and conditions of this Agreement, and for no other purpose. 2. Term. Unless terminated earlier pursuant to this Agreement, this Agreement shall commence on the date this Agreement is executed and shall terminate one calendar year later.

3. License Fee. The League shall pay to the City a license fee of $20 per game played at the Facilities by the League not later than 30 days after the City invoices the League for the same. Upon request by the City, the League shall provide a list of scheduled games in the League. The League shall also pay the City 0% of all concession sales generated by the League at the Facilities within 30 days of the sale of the same. 4. Requirements of the League. This license is subject to the following terms and conditions: (a) The League’s use of the Facilities shall be in accordance with generally accepted operating practices and procedures available on the City’s website and shall be under the supervision and direction of the City’s Parks and Recreation Director, which shall include for the purposes of this Agreement, his or her designee(s). The League shall be responsible for obtaining any required permits for the use of the Facilities that may be required under federal, state, or local law. (a) The League shall oversee employees, volunteers, contracted officials, participants and guests to ensure all mentioned parties, abide by all City policies, rules, and regulations, and shall comply with the directions of City staff. (b) The League shall not engage in any business at the Facilities or do anything in connection therewith which shall be in violation of any existing federal, state, or local law, ordinance, or regulation, or use the same in such manner as to constitute a nuisance. (c) The League shall provide current 501(c)3 paperwork to the City, evidencing the League’s 501(c)(3) status, good standing, list of board members, and League budget. (d) The League’s use of the Facilities shall be only during the months of April, May, June, and July for year of permitted use. (e) The League shall submit proposed use schedules to the City for the City’s written approval in at least 30 days in advance of its first practice. The League shall inform the City of schedule changes in writing at least 7 days in advance of the scheduled activity. The City reserves the right to charge a fee to the League any reserved fields not used by the League if the City is not informed in writing of any schedule change(s) at least 7 days in advance. However, if changes are made to the schedule with less than 7 days’ notice due to weather, the League shall be allowed to reschedule the activity with no charge to the League at a time and location agreed upon by the City.

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(f) The City reserves the right to make final determinations regarding playability of fields that may be caused by weather conditions. The City will contact the League no later than 4:00pm on game day to communicate playability conditions should they arise. (g) The League’s scheduled use of the Facilities shall be subject to the City’s use of the Facilities and the City shall have priority over the League if the City’s use of the Facilities conflicts with the use of the Facilities by the League. However, both parties agree to work in good faith to avoid such scheduling conflicts. (h) The League shall not charge a fee for parking to any party that is involved with the League or its scheduled activities. (i) The League shall conduct background checks on all coaches and League personnel prior to the start of scheduled activities. The City reserves the right to request background checks on all League coaches and personnel. (j) Storage of any League equipment at the Facility shall be as agreed upon by the parties. (k) The League, and its participants, shall not injure, mar, or in any way deface the Facilities and shall not cause or permit anything to be done whereby the Facilities shall be in any manner injured, marred or defaced. The League shall be solely responsible for any damage to the Facilities incurred during its use of the same for the Program. (l) The League accepts the Facilities “AS IS” and with all faults. The City has not made, does not make, and has not authorized anyone else to make any representation or warranty as to the Facilities. Without limiting the generality of the previous statement, the City makes no representation about the presence or absence of any hazardous substances or materials or other contaminants and makes no representation about the suitability of the Facilities for any purpose or use. 5. Requirements of the City. (a) The City shall maintain restrooms at the Facilities for use of the public and the League’s participants during operating hours of the Facilities. (b) The City shall maintain the grounds area inside and outside the playing field area, including ball diamonds, dugouts, restroom-storage building, grass mowing, and field lining, as determined by the agreed upon League schedule. The League shall not perform any maintenance to the Facilities without prior written approval from the City. (c) The City shall also be responsible for removal of trash from the Facilities, however, the League shall ensure that obvious trash and litter is removed from the playing field and spectator areas and placed in designated trash receptacles following use of the Facilities. The City and the League shall agree in writing in advance regarding any additional field maintenance and/or preventative maintenance such as fertilizer, weed control, and grub control, as well as the allocation of costs for the same. The League shall reimburse the City for the agreed upon allocation of the cost of such additional maintenance within 30 days of receipt of the invoice for the same. (d) The City shall be responsible for the payment of utilities associated with the Facilities, however the City reserves the right to require payment from the League for utilities costs incurred during the League’s use of the Facilities. If the City invoices the League for such utilities, the League shall reimburse the City for the utility costs within 30 days of the invoice. 6. Improvements to the Facilities. (a) The League acknowledges that during the term of this Agreement, the City may construct and renovate portions of the Facilities, including but not limited to buildings, playing fields and surrounding areas, function spaces, and park infrastructure improvements. Rerouting of vehicular and pedestrian traffic, noise, dust, and other customary consequences of construction activity may occur. The League shall have no claim for reduction of services caused by scheduled construction activity and shall have no priority in relocating to comparable locations.

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(b) The League shall not construct any improvement or make any modifications to the Facilities without prior written consent of the City. At least 60 days prior to commencing any approved construction or installation of improvements, the League shall present plans, detailed specifications, and a timeline for completion of the construction and installation of desired improvements to the City for the City’s reasonable review and written approval. The plans and specifications shall comply with applicable federal, state, and local standards. (c) The parties shall agree in writing in advance to the distribution of costs for any approved improvements. (d) Upon the City’s written approval of the plans, specifications, distribution of costs, and timeline, the League shall cause any approved improvements to be constructed and installed in accordance with the same, in the manner and with the distribution of costs as agreed upon by the City. The City shall have the right to inspect the improvements prior to the League’s use of the same. (e) The League shall ensure that all contractors used for the installation or construction of agreed upon improvements have commercially appropriate liability insurance covering any injuries and property damage occurring during installation. (f) All materials added to fields must first be approved by the City. Material includes, but not limited to, infield aggregate or engineered soil mix, grass seed, field drying agents, clay bricks and material for mounds, fertilizer, weed control, and grub control. (g) Unless otherwise agreed by the parties, any improvements made to the Facilities by the League become and remain the property of the City following termination of this Agreement. 7. League Sponsorships. (a) League sponsorships must be approved by the City. All sponsors must be in good financial standing with the City. (b) League sponsorship banners may be displayed only during the contracted season or other activity agreed upon in advance in writing by the City (for example, a camp, clinic, or tournament). (c) Sponsorship banners must not exceed 4’ in height x 8’ in length. 8. Concessions. The League may sell snacks and non-alcoholic beverages for consumption by its Program participants and the public during its scheduled use of the Facilities. The League’s sale of concessions shall be in accordance with all applicable law and permit requirements. Upon request by the City, the League shall provide the City with a list of concessions offered for sale at the Facilities. The sale or consumption of alcoholic beverages is strictly prohibited at the Facilities. 9. Assignment or Use by Others Prohibited. The League may not assign this Agreement or its rights, privileges, duties or obligations under this Agreement without the City’s prior written consent. The prohibition against assignment or use by others includes a prohibition against the operation by third parties of any camps, scrimmages, tryouts and/or tournaments without the advance written approval of the City. 10. Indemnification. The League shall hold the City (defined for purposes of this paragraph to include the City’s officers and employees) harmless from, indemnify it for and defend it (with legal counsel reasonably acceptable to the City) against any demand, claim, judgment, award, legal proceeding or loss of any kind arising from the League’s use of the Facilities. 11. Insurance. The League shall obtain and maintain insurance for all personal property stored in the restroom-storage building, or on Facility property. The League will provide the City with certificate of insurance evidencing public liability coverage, with limits of insurance as required by the City.

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meeting at which such action will initially be considered so that the League may address the City Council. (b) The City Manager of the City may suspend or revoke this license immediately without notice if he or she reasonably that the League has breached the terms of this Agreement. (c) The League may terminate this Agreement for any reason by providing 30 days’ written notice to the City. (d) Upon the termination of this Agreement, the League shall, unless directed otherwise by the City, remove its equipment and improvements from the Facilities and restore the Facilities to the condition it was in prior to its use of the Facilities without cost to the City. If the League fails to remove its equipment or other improvements as requested by the City within 30 days of termination of the Agreement, the City may do so and invoice the League for the cost of removal. 13. Property Rights and Access. This Agreement grants only a license to use and does not grant or convey to the League any rights, title, or interest in the Facilities. The City retains all property rights to the Facilities and retains its right to access the Facilities without notice to the League. To the extent the Property becomes taxable as a result of the League’s improvements or activities at the Facilities, the League shall be responsible for payment of the applicable real and personal property taxes. 14. Binding Effect. This Agreement shall be binding upon the parties to this Agreement as well as their successors and permitted assigns. 15. Miscellaneous. (a) This is the entire agreement between the parties regarding its subject matter. There are no prior or contemporaneous agreements. It may not be modified or amended except in writing, signed by each party. It shall not be affected by any course of dealing. The captions are for reference only and shall not affect its interpretation. More than one copy of this Agreement may be signed, but all constitute but one agreement. This Agreement shall be construed as if it were mutually drafted. Michigan law applies to this Agreement and its enforcement. Jurisdiction and venue for any action arising from or brought pursuant to this Agreement shall be solely in the state courts in Isabella County, Michigan.

By: By: Nancy Ridley, City Manager Its______,

Date signed: , 2017 Date signed: , 2017

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EXHIBIT A DEPICTION OF THE FACILITIES

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COMMISSION LETTER #039-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER UPDATED TRAVEL POLICY FOR CITY COMMISSION BUSINESS

The attached memo from Assistant Finance Director Chris Saladine recommends an update to the City Commission approved policy which was last updated in 2003. The recommended changes would have the policy correspond to current IRS reimbursement amounts and be consistent with the changes that were made to the staff policy last year. Changing the language to reference standard federal IRS rules will eliminate the need to update the policy each time the rates are changed.

The policy is shown in strikeout and highlight version so it is easy to identify the proposed changes.

Recommended motion: Move to amend the City Commission travel policy as presented.

NJR/ap

MEMO TO: Nancy Ridley

FROM: Chris Saladine

DATE: January 19, 2017

SUBJECT: City Commission Policy Regarding Attendance at Conventions, Conferences and Training Sessions; and Expense Reimbursement

Background:

The City Commission’s travel policy was last updated in November of 2003 and lists designated amounts for standard and high cost city per diem meal reimbursement. Since the last policy update, the standard federal per diem meal reimbursement has changed several times along with the high cost city designations, while the amounts and places listed on the form have remained static. Changing the policy to follow federal meal per diem reimbursement rates that are adjusted annually will simplify the reimbursement process and eliminate the need to repeatedly update the policy in the future.

In addition, there is a minor change that modifies the reimbursement schedule from one week to two weeks to follow the accounts payable check run schedule. Also, eliminating the personal phone call reimbursement verbiage recognizes the shift in telephony to cell phone usage as hotel phone calls are not typically a cost effective way to communicate. Last year, these changes were also made to the staff travel policy.

Recommended Action:

I recommend modifying the City Commission policy that governs attendance at conventions, conferences, training sessions and reimbursements to automatically follow the federal per diem meal reimbursement rates. Attached is a copy of the policy that shows the proposed changes.

POLICY

City Commission Policy Regarding Attendance At Conventions, Conferences and Training Sessions; And Expense Reimbursement

This resolution establishes policy and procedures for attendance of City Commission members at conventions, conferences and training programs, and reimbursement of expenses incurred to attend same. It is important for Commission members traveling to use reasonable discretion and judgement in regard to travel expenses due to the City’s desire to be accountable for economical and effective use of its limited resources.

Attendance Policy

Expenses will be reimbursed for conventions, conferences and training programs under the following terms and conditions:

1. There are sufficient funds available in the budget to cover the cost.

2. If there are not sufficient funds available in the budget, City Commission approval is required to attend the convention, conference or training program.

3. The City will reimburse the expenses for attending a convention, conference or training program that is sponsored by an organization of which the City is a member, such as the Michigan Municipal League and the National League of Cities.

4. If a Commission member wishes to attend a convention, conference or training program that is not being held by an organization of which the City is a member, prior City Commission approval is required for reimbursement of expenses related to attendance.

5. Within thirty (30) days of attendance at a convention, conference or training program that is not held by an organization of which the City is a member but for which the City Commission has approved reimbursement of expenses, a

January 19, 2017 Page 1 of 4 written report concerning the program shall be submitted to the City Commission.

6. Only the expenses of the Commission member attending the convention, conference or training session will be covered.

Statement And Evidence Of Travel Expenses And Reimbursement Procedure

Within ten (10) days after the return of the Commission member, he/she shall submit a “Travel Reimbursement Form” to the City Manager’s Office. This form shall be filled out by the Commission member. The City Manager’s Office shall review it for adherence to the travel policies, rectify any discrepancies with the Commission member, and then forward the approved form to the Finance Division for payment. Detailed receipts for all expenses, except meals while traveling, shall accompany the reimbursement request. Canceled checks and/or credit card receipts are not to be used in lieu of original, detailed receipts. In cases where detailed receipts are not available, such as cabs or buses, notation should be made on, or attached to, the Reimbursement Form to properly explain the “other” expenses. A properly approved Travel Reimbursement Form will be processed within one two weeks of receipt in the Finance Division.

Advance For Expense. A request for an advance of City funds must be approved by the City Manager and should be submitted in written form using the “Travel Expense Advance Request” form two weeks prior to departure. It is suggested that the request for advance be submitted at the same time as the registration and the Payables Department will hold it to issue a check just prior to the departure for the trip. Mileage or fares plus the meal per diem will be allowed. Within ten (10) days of return to Mt. Pleasant, a final report on expenses supported by detailed receipts (except for meals) shall be submitted to the City Manager and then to the Finance Director with any refund due the City.

Out-Of-State Travel. Air transportation is an eligible expense for out-of-state travel. If a Commission member chooses to use their personal vehicle, the City will reimburse the lesser of personal mileage at the federally-approved rate per mile, or coach rate airfare.

The Commission member will also be reimbursed for the actual cost of travel to and from the airport. When the hotel is beyond reasonable walking distance from the conference headquarters, the Commission member will be reimbursed for transportation to and from the hotel on the basis of actual cost. Parking a vehicle at the airport or in the destination city, as well as toll costs, will be reimbursed.

Public transit for all travel in the destination city will be reimbursed; however, it is recommended that taxi service should not be used if convenient public transportation is available. In some cases a rental car may be the most

January 19, 2017 Page 2 of 4 cost-effective method of travel within the destination city dependent on the amount of travel needed once there.

Parking fees will be reimbursed.

Meal Expenses. Expenses for meals and tips not provided at the convention or conference will be reimbursed based on the standard federal per diem rate. Certain cities are deemed as high cost cities and will be reimbursed at a higher per diem. The only areas in Michigan identified by the federal government as high cost cities are Mackinac County (between June 1 and September 30) and Leelanau County (between May 1 and September 30). Contact the Finance Department for determination of any non-Michigan cities that may be designated as high cost.

Receipts for meals will not be required due to utilization of the standard federal per diem rate. The following table outlines the current per diem rates, which may be adjusted from time to time by the federal government.

To claim the cost of meals, the Commission member must be on City business outside of Mt. Pleasant before and after the following times:

Before and After The Stated Times Standard High Cost

7:30 a.m. to 8:30 a.m. $ 6 $10 11:30 a.m. to 2:00 p.m. 10 12 5:30 p.m. to 7:00 p.m. 18 20 Daily Per Diem Total: $34 $42

Before and After The Stated Times

7:30 a.m. to 8:30 a.m. Breakfast 11:30 a.m. to 2:00 p.m. Lunch 5:30 p.m. to 7:00 p.m. Dinner

Registration Fees. Registration fees will be allowed on the basis of the actual registration charge. If the registration fee includes any meals, indicate which meals on the Travel Reimbursement Form.

Hotel Expenses. Actual room charges will be reimbursed. Costs for shared rooms will be at the single rate. Detailed receipts must be submitted with claims. “Reasonable costs” is considered to include the moderate cost accommodations available at most motels and hotels. Movie rentals and other similar charges are specifically excluded from reimbursement. Phone charges related to business calls

January 19, 2017 Page 3 of 4 will be reimbursed at actual cost. Personal calls per night away will be reimbursed at an amount not to exceed $5 per night.

Exceptions. Under unusual circumstances or conditions, exceptions to the provisions of these regulations may be approved by the City Commission.

January 19, 2017 Page 4 of 4

COMMISSION LETTER #040-17 MEETING DATE: FEBRUARY 13, 2017

TO: MAYOR AND CITY COMMISSION FEBRUARY 9, 2017

FROM: NANCY RIDLEY, CITY MANAGER

SUBJECT: CONSIDER APPOINTMENTS TO THE VARIOUS CITY BOARDS AND COMMISSIONS AS RECOMMENDED BY THE APPOINTMENTS COMMITTEE

The Appointments Committee comprised of Commissioner Gillis, Commissioner Holton, and Vice Mayor Lents met to review the applications received for the vacant seats on the Principal Shopping District Board and the Tax Increment Finance Authority. Their recommendations for the vacant seats are outlined in the attached memo. It is recommended the City Commission approve the appointments as recommended by the Appointments Committee.

Recommended motion: Move to approve the appointments as recommended by the Appointments Committee.

NJR/ap

February 8, 2017

To: Mt. Pleasant City Commission

From: Appointment Committee

Subject: 2017 Board and Commission Recommendations

The Appointment Committee met on February 7, 2017 to consider applicants for the TIFA/PSD boards. Based on a review of potential applicants, the Appointment Committee recommends the following:

TIFA/ PSD:

The Appointment Committee unanimously recommends Bryan Wieferich for a crossover position for the TIFA/PSD board for the term ending December 31, 2018.

Two members of the Appointments Committee recommend Steve Bissell, one member is opposed, for a crossover position for the TIFA/PSD board for the term ending December 31, 2017.

The Appointments Committee will meet again following the February 13, 2017 full commission meeting to consider the one remaining vacancy on the TIFA/PSD Board for a representative from the North Industrial Park if possible. Board & Commission Application

Submission Date 2017-01-19 14:20:29

Name: Bryan Wieferich

Date: 01-19-2017 2:20 PM

Residence: 9430 S Old State Farwell, MI 48622

Mailing Address (if different 110 E Broadway Ste B than above): Mt. Pleasant, MI 48858

Telephone: 9899537888

Cell Phone: 9895060808

E-mail [email protected]

I own property a business located within the City of Mt. Pleasant

Boards or Commissions in TIFA/PSD which you are interested. You may list more than one. Please list preferences in order. If your first choice is unavailable we may contact you for service on another board.

Why are you interested in this I'm a building/property owner downtown. particular board or boards?

Please list any community Mt. Pleasant Area Community Foundation - Trustee service and/or prior board or Mt. Pleasant Jaycees - Board Member commission service, Central Michigan University Advancement Board Member including the name of the Central Michigan University Honors Alumni Board - President board and term of service.

What experience or training Financial Planner and 15 year Business Owner do you have which might be of special value on this board or commission (i.e. education, job experience, length of residency, life in another community, etc.)?

Please list three personal or Shaun Holtgreive - 989.400.2704 business references, Erin Ludwig - 989.621.2788 including contact Ryan Boge - 989.772.1730 information. Board & Commission Application

Submission Date 2017-01-17 11:55:22

Name: Steven L bissell

Date: 01-17-2017 11:30 AM

Residence: 856 w Blue Grass Mt Pleasant MI 48858

Mailing Address (if different same than above):

Telephone: -

Cell Phone: 989 560 6573

E-mail [email protected]

I own a business located within the City of Mt. Pleasant

Boards or Commissions in Principle Shopping District Board/ Downtown Development Authority which you are interested. You may list more than one. Please list preferences in order. If your first choice is unavailable we may contact you for service on another board.

Why are you interested in this I have had previous Commission/ board involvement and enjoyed the experience. I particular board or boards? think as a business owner downtown I have some unique and relevant insights to offer these boards.

Please list any community Ctiy Commissioner 2007-2009, DDC/DDA city rep/liason 2007-2008. service and/or prior board or commission service, including the name of the board and term of service.

What experience or training I have been a resident of Mt Pleasant and immediate area since 1982. I have owned a do you have which might be business in the downtown since 1996. I have attended CMU as well as served on Mt of special value on this board Pleasants City Commision and various boards. or commission (i.e. education, job experience, length of residency, life in another community, etc.)?

Please list three personal or Morgan Meier. Owner Dolphin Coin (989)-621-0376 business references, PA Dave Johns (989) 506-0242 including contact Sherriff Deputy Mike Hoskins (989) 506-7735 information. CHECK REGISTER FOR CITY OF MT PLEASANT CHECK DATES FROM 01/20/2017 ‐ 02/02/2017

Check Date Check Vendor Vendor Name Description Amount

Bank COMM COMMON CASH 01/24/2017 33514 CITP/R CITY TREASURER‐PAYROLL FUND REG PAY #2 1/27/2017 255,447.00 02/01/2017 33515 ABCFAS ABC FASTENER GROUP, INC SUPPLIES 79.87 02/01/2017 33516 ADAELI ELIZABETH ADAMS CONTRACT SERVICES‐REFEREE 39.00 02/01/2017 33517 ADVUND ADVANCED UNDERGROUND CONTRACT SERVICES‐MANHOLE REHAB‐PAY # 3 17,077.00 02/01/2017 33518 AMLEGL AMERICAN LEGAL CONTRACT SERVICES 1,223.00 02/01/2017 33519 APESOF APEX SOFTWARE CONTRACT SERVICES 705.00 02/01/2017 33520 APPRIL RILEY APPELGREN CONTRACT SERVICES‐REFEREE 78.00 02/01/2017 33521 AQUASI AQUASITE LLC CONTRACT SERVICES 200.00 02/01/2017 33522 ARRUNI ARROW UNIFORM RENTAL UNIFORM/CONTRACT SERVICES 34.06 02/01/2017 33523 ATIGRO ATI GROUP CONTRACT SERVICES 600.00 02/01/2017 33524 AVFUEL AVFUEL CORPORATION MONTHLY EQUIPMENT CHARGE 20.00 02/01/2017 33525 AXIWIR AXIOM WIRING SERVICE, LLC CONTRACT SERVICES 245.89 02/01/2017 33526 BILCUS BILL'S CUSTOM FAB, INC SUPPLIES 16.66 02/01/2017 33527 BRABUS BRADY'S BUSINESS SYSTEMS CONTRACTED SERVICES 3.18 02/01/2017 33528 BSNSPO BSN SPORTS INC. SUPPLIES 863.35 02/01/2017 33529 C&OSPO C & O SPORTSWEAR SUPPLIES 612.50 02/01/2017 33530 CALPRE CALIBRE PRESS TRAINING 229.00 02/01/2017 33531 CBLCOM CBLUE COMMERCIAL BLUEPRINT, INC SUPPLIES 4,995.00 02/01/2017 33532 CDWGOV CDW GOVERNMENT, INC SUPPLIES 1,873.31 02/01/2017 33533 CHACOM CHARTER COMMUNICATIONS CHARGES ‐ 2/01/17 ‐ 02/28/17 115.42 02/01/2017 33534 CITRET CITY TREASURER‐CONTR RETAINAGE ADV UNDERGROUND‐MANHOLE REHAB‐PAY#3 1,898.00 02/01/2017 33535 CLAHIL CLARK HILL P.L.C. CONTRACT SERVICES THROUGH 12/31/16 766.50 02/01/2017 33536 CMRGOV CMR GOVERNANCE CONSULTING ON TARGET BOARD MEMBER COPY 39.95 02/01/2017 33537 CMU119 CENTRAL MICHIGAN UNIVERSITY CONTRACT SERVICES 22,126.32 02/01/2017 33538 CONENE CONSUMERS ENERGY UTILITIES 31,912.94 02/01/2017 33543 COVMIC MICHAEL COVARRUBIAS TRAINING 12.00 02/01/2017 33544 COYNE COYNE OIL CORPORATION FIRE FUEL ‐ 1/15/17 382.26 02/01/2017 33545 CSMSER CSM SERVICES SUPPLIES 654.76 02/01/2017 33546 DEFJAL JALEN DEFLORIO CONTRACT SERVICES‐REFEREE 65.00 02/01/2017 33547 DENREF DENT REFUSE AIRPORT ‐ 4 YD ‐ FEBRUARY 2017 65.00 02/01/2017 33548 DIXENG DIXON ENGINEERING, INC CONTRACT SERVICES 2,800.00 02/01/2017 33549 ELHENG ELHORN ENGINEERING COMPANY CHEMICALS 625.34 02/01/2017 33550 ETNASU ETNA SUPPLY COMPANY SUPPLIES/METER REPLACEMENT 3,360.83 02/01/2017 33551 EVOWAT EVOQUA WATER TECHNOLOGIES LLC CONTRACT SERVICES 365.00 02/01/2017 33552 FLEVAN FLEIS & VANDENBRINK CONTRACT SERVICES 55,291.04 02/01/2017 33553 FROCOMM FRONTIER COMMUNICATIONS COMMUNICATIONS 12/20/16 ‐ 1/19/17 46.98 02/01/2017 33554 GALLS GALLS, LLC UNIFORMS 155.94 02/01/2017 33555 GENAGECOMGENERAL AGENCY COMPANY‐TPA SERVICESHICA TAX 4TH QTR 2016 989.00 02/01/2017 33556 GILBOE GILBOE'S LOCK & SAFE LLC CONTRACT SERVICES 68.00 02/01/2017 33557 HOFSTE STEVE HOFER TRAINING 102.90 02/01/2017 33558 HOHTAN TANYA HOHLBEIN BASKETBALL COACHING REFUN 40.00 02/01/2017 33559 ICTC ISABELLA CO TRANSP COMM PEAK TRANSPORTATION ‐ DECEMBER 2016 20.00 02/01/2017 33560 ISACOR THE ISABELLA CORPORATION REFUND FROM AN OVERBILL IN MISC REC 975.00 02/01/2017 33561 ISACOR THE ISABELLA CORPORATION SUPPLIES 1,443.75 02/01/2017 33562 ISATRE ISABELLA COUNTY TREASURER MI TAX TRIBUNALS 8,645.34 02/01/2017 33563 J&BMED J & B MEDICAL SUPPLY, INC. SUPPLIES 55.25 02/01/2017 33564 JOHDEE DEERE & COMPANY CAPITAL AQUISITION ‐ UNIT 482 8,473.08 02/01/2017 33565 JURSTE STEPHEN JURIS BASKETBALL COACH REFUND 55.00 02/01/2017 33566 KELROB ROBERT KELLER TRAINING 95.00 02/01/2017 33567 KORNMA MARY ANN KORNEXL TRAINING 81.86 02/01/2017 33568 L3MOBI L3 MOBILE‐VISION, INC. CONTRACT SERVICES 153.00 02/01/2017 33569 LABLIM LABELLE LIMITED LIABILITY PARTNERSH CONTRACT SERVICES‐CONNECTOR ROAD PAY #3 88,754.16 02/01/2017 33570 LAFALE ALEX LAFAVE CONTRACT SERVICES‐REFEREE 78.00 02/01/2017 33571 LAMROB ROBERT W LAMSON, PHD CONTRACT SERVICES 465.00 02/01/2017 33572 LEORTC L.E.O.R.T.C. TRAINING 190.00 02/01/2017 33573 LESJOR JORDAN LESLIE CONTRACT SERVICES‐REFEREE 39.00 02/01/2017 33574 LONRYA RYAN LONGORIA TRANSPORTATION 151.94 02/01/2017 33575 MARHAC MHOK, PLLC FEBRUARY 2017 RETAINER 6,914.00 02/01/2017 33576 MCGPAT PAT MCGUIRK EXCAVATING, INC CONTRACT SERVICES 156.25 02/01/2017 33577 MICMUN MICHIGAN MUNICIPAL LEAGUE CONTRACT SERVICES 56.10 02/01/2017 33578 MIDCAB MID MICHIGAN AREA CABLE FEBRUARY 2017 VIDEO PRODUCTIONS 450.00 02/01/2017 33579 MIDMID MIDDLE MICHIGAN DEVELOP CORP CONTRACT SERVICES/MANAGEMENT FEES 38,375.00 02/01/2017 33580 MITATR MICHIGAN TAX TRIBUNAL MOTION/STIPULATION FEE 25.00 02/01/2017 33581 MLIVEMED MLIVE MEDIA GROUP CONTRACT SERVICES 797.60 02/01/2017 33582 MORSUN MORNING SUN CONTRACT SERVICES 416.00 02/01/2017 33583 MOSKEL KELLY MOSS CONTRACT SERVICES 100.00 02/01/2017 33584 MPLEAS MPPS FOOD & NUTRITION SERV SUPPLIES 1,594.92 02/01/2017 33585 MPTIRE MT PLEASANT TIRE SERVICE, INC SUPPLIES ‐ VEHICLE MAINTENANCE 223.33 02/01/2017 33586 MRDWIL WILLIAM MRDEZA TRAINING 91.11 02/01/2017 33587 MURCAR CARY T MURCH TRAINING 12.00 02/01/2017 33588 MURPHR R & T MURPHY TRUCKING, LLC SNOW REMOVAL 3,274.50 02/01/2017 33589 NGSAME CORESOURCE, INC HEALTH INS ADMIN COSTS ‐ FEBRUARY 2017 5,996.85 02/01/2017 33590 NGSCOR MEDICAL EXCESS ADMIN ‐ STOP LOSS INS ‐ FEBRUARY 2017 13,002.69 02/01/2017 33591 NMLAWENF NORTHERN MICHIGAN LAW ENFORCEMENTTRAINING 250.00 02/01/2017 33592 NYEUNI NYE UNIFORM COMPANY UNIFORMS 42.00 02/01/2017 33593 OFFDEP OFFICE DEPOT SUPPLIES 118.72 02/01/2017 33594 OLSTRA TRAVIS OLSON CONTRACT SERVICES ‐ REFEREE 117.00 02/01/2017 33595 OPTSOL OPTO SOLUTIONS, INC. SUPPLIES 274.80 02/01/2017 33596 OTISEL OTIS ELEVATOR COMPANY CONTRACT SERVICES ‐ 2/17/17 ‐ 4/30/17 403.77 02/01/2017 33597 PCLATHAM PETTY CASH ‐ ANDY LATHAM REIMBURSEMENT 232.06 02/01/2017 33598 PERCON PERCEPTIVE CONTROLS, INC. CONTRACT SERVICES 3,865.85 02/01/2017 33599 PLEGRA PLEASANT GRAPHICS, INC SUPPLIES 498.00 02/01/2017 33600 PROCOM PRO COMM, INC SUPPLIES/CONTRACT SERVICES 246.00 02/01/2017 33601 ROBKAI KAITLYN ROBERTS CONTRACT SERVICES‐REFEREE 26.00 02/01/2017 33602 ROTFOU THE ROTARY FOUNDATION DONATION 10.00 V 02/01/2017 33603 SCHAFOUR SCHAFOUR BUILDERS REFUND FOR PERMIT PB170008 OVERPAYMENT 500.00 02/01/2017 33604 SPIGRO SPICER GROUP CONTRACT SERVICES 1,998.31 02/01/2017 33605 STACON STANTON CONSTRUCTION COMPANY CONTRACT SERVICES 225.00 02/01/2017 33606 STTRAN STATE OF MICHIGAN ‐ MDOT CONTRACT SERVICES 498.28 02/01/2017 33607 SUBSHA SHANKAR SUBBIAH BASKETBALL REFUND 35.00 02/01/2017 33608 TERCON TERRA CONTRACTING SERVICES, LLC CONTRACT SERVICES 102,550.71 02/01/2017 33609 THOJEF JEFFREY A THOMPSON TRAINING 12.00 02/01/2017 33610 TRUGRE TRUGREEN SUPPLIES 441.00 02/01/2017 33611 UBREFUND REESE, JAIME CUB REFUND 1,341.88 02/01/2017 33612 UBREFUND PARTLO PROPERTY MGMT UB REFUND 36.78 02/01/2017 33613 UBREFUND HANLON, PATRICK UB REFUND 15.85 02/01/2017 33614 UBREFUND SEAMAN, LUDLOW & WARNER, RENEE UB REFUND 36.25 02/01/2017 33615 WANKEV KEVIN WANGBERG DOG PARK REFUND 30.00 02/01/2017 33616 WINTEL WINN TELECOM CHARGES THROUGH 01/15/17 2,212.66 02/01/2017 33617 WOHJOS JOSEPH WOHLSCHEID BASKETBALL COACHING REFUND 40.00 02/02/2017 33618 NGSCOR MEDICAL EXCESS JAN. 2017 STOP LOSS 13,886.18

COMM TOTALS: Total of 101 Checks: 717,329.83 Less 1 Void Checks: 10.00 Total of 100 Disbursements: 717,319.83