SECOND READING & ADOPTION OF ORDINANCE UTILITIES, WATER & SEWER STANDARDS

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2 April 20, 2015 UNOFFICIAL Page 1 of 7 The regular meeting of the Clare City Commission was called to order at 6:00 p.m. in the Commission Chambers by Mayor Pat Humphrey who led the Pledge of Allegiance. Present were: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Carolyn (Gus) Murphy and Karla Swanson. Absent: None. Also present were Ken Hibl, City Manager; Steven Kingsbury, Treasurer and Finance Director; Dale Clark, Water/Wastewater Superintendent; Joy Simmer, Parks & Recreation Director; and Diane Lyon, City Clerk. 2. CONSENT AGENDA: Moved by Commissioner Swanson second by Commissioner Bonham to approve the items listed with an asterisk (*) (Agenda, Minutes, Second Reading of Ordinance & , Communications, Department Reports, Board & Committee Appointments and Bills) that are considered to be routine by the City Commission. Ayes: All. Nays: None. Absent: None. Motion Carried *APPROVAL OF MINUTES; Approved By Consent Agenda. *APPROVAL OF AGENDA; Approved By Consent Agenda. 5. PUBLIC COMMENT: None. 6. UNFINISHED BUSINESS: None. 7. NEW BUSINESS: A. SECOND READING & ADOPTION OF ORDINANCE ZONING CHANGE (104 W. STATE ST.) *Second Reading- Approved By Consent Agenda. Subsequent to holding a public hearing, the Clare City Commission considered and approved a first reading of a proposed zoning change and an amendment to Chapter 52 of the Ordinance Codes of the City of Clare specifically to change the zoning of the property located at 104 West State Street from Residential-2 to Commercial-1, thereby bringing the current zoning into conformity with the City s Future Land Use Map and allowing a use prescribed for that zoning. Motion by Commissioner Bonham second by Commissioner McConnell to approve Ordinance by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. B. SECOND READING & ADOPTION OF ORDINANCE UTILITIES, WATER & SEWER STANDARDS *Second Reading- Approved By Consent Agenda. Subsequent to holding a public hearing, the Clare City Commission considered and approved a first reading of a proposed ordinance to standardize and stipulate the City s standards for water main lines and sanitary sewer main lines. The City Commission may now direct a second reading and adopt the proposed ordinance change if it determines that it is in the City's best interests to do so. Motion by Commissioner Murphy second by Commissioner Swanson to approve Ordinance by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. C. AMENDED SERVICES AGREEMENT-OUR LADY OF HOPE (ST. CECILIA) CATHOLIC CEMETERY GRAVE SERVICES In December 2014, the City Commission approved (Resolution ) a formal agreement for providing cemetery services to St. Cecelia Catholic Church a service we have been informally providing for them on a reimbursable basis for years without an agreement. Discourse between our City Attorney and the Saginaw Diocese has resulted in their request to amend the Agreement. Our City Attorney has opined that the requested changes are in line with common practice and law, but are not necessarily required. We asked our insurance carrier to review the requested changes

3 April 20, 2015 UNOFFICIAL Page 2 of 7 to ensure they did not have concerns with the newly proposed agreement; they similarly agreed that it is in line with the standard practice. Consequently, we are again asking the City Commission to approve the newly amended agreement requested by St. Cecelia. Motion by Commissioner Swanson second by Commissioner Murphy to approve the amended services agreement by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. D. PARKS & RECREATION ADVISORY BOARD RECOMMENDATIONS The City s Parks & Recreation Advisory Board (PRAB) has made two recommendations requiring City Commission approval: an increase in soccer registration fees and change of the current closure date for Pettit Park. Soccer fees are currently $20 for early registration and $25 for late registration; there is currently no resident/non-resident rate structure. The current fees are not covering the City s costs (shirts, balls, field preparation, and referees) to operate the soccer program. The PRAB recommends the fees be increased to $30 for resident/$35 for non-resident for early registration and $35 for resident/$40 for non-resident late registration. Note: the City s fee/rate structure is reviewed and approved annually by the City Commission in conjunction with the City s budget approval process. This particular rate structure is presently out of synch with the remainder of our fee & rate schedule due to the fact that soccer registration commences in prior to the approval of the City s annual budget and fee/rate schedule, thus the need for this out of synch request. The closure date for Pettit Park & Campground is currently November 30th. We presently terminate water services (and thus close the bathrooms and showers) on October 31st. The PRAB recommends that the Park & Campground closure dates coincide with the water turn-off date. Motion by Commissioner Swanson second by Commissioner Murphy to approve the Parks & Recreation Advisory Board recommendations by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. E. FIRE WORKS PERMIT The fireworks vendor for the Clare Summerfest Committee has asked that he be allowed to change the discharge location of the annual fireworks display from Barnes Island on Lake Shamrock to the levy at the Lake Shamrock Dam. Committee members are concerned that doing so will limit the ability to view the fireworks from Shamrock Park, the primary venue for the annual Summerfest activities. But they have agreed to allow the vendor to demonstrate to them that their concerns are unfounded. Consequently, the vendor will discharge five or six rockets from the dam levee at Lake Shamrock at dusk on April 21st. An approved permit from the City is required to allow him to discharge the fireworks. The City Commission is asked to approve the permit. Motion by Commissioner Bonham second by Commissioner Murphy to approve the permit by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. F. CONTRACTOR PAYMENT (DUNIGAN BROTHERS) -NORTH INDUSTRIAL PARK INFRASTRUCTURE BUILD PROJECT The general contractor that is working on the Division A portion of the City's North Industrial Park and Utility Infrastructure project has submitted their sixth application for payment for work completed through March 31, The City's engineer for this project Gourdie-Fraser has reviewed the application for payment and has verified that all indicated work has in fact been satisfactorily completed and that all invoices/purchases included within the contractor's application for payment have in

4 April 20, 2015 UNOFFICIAL Page 3 of 7 fact been purchased by the contractor for the City of Clare's 2014/15 North Industrial Park/Infrastructure project. Approval of this application for payment from the contractor thereby allows the City to submit it along with the approving resolution from the Clare City Commission to both the U.S. Economic Development Administration to request reimbursement from the EDA Grant awarded to the City for this project as well as the USDA Rural Development Office to be approved as a construction draw from the water and sewer revenue bonds and the capital improvement bond all financed through Rural Development. Motion by Commissioner McConnell second by Commissioner Murphy to approve the payment application of Dunigan Brothers by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. G. MDOT CONTRACT (M-115 CONSTRUCTION IMPROVEMENTS) As the City Commission is aware, MDOT is reconstructing the M-115 (West Fifth Street) Railroad Crossing this summer. They have asked that they be allowed to utilize Ann Arbor Trail as a vehicular detour route during the construction period and have offered to pay $30,000 for needed repairs to this street prior to the project commencement. The attached contract is offered by MDOT to outline the terms of the Ann Arbor improvements. The City Commission is asked to approve the contract. Motion by Commissioner Murphy second by Commissioner McConnell to approve the contract by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. H. APPROVAL OF ANN ARBOR TRAIL ASPHALT BIDS As a condition of the agreement with MDOT that they contribute $30,000 for repairs to Ann Arbor Trail in conjunction with the M-115 (West Fifth Street) Railroad Crossing project this summer, the City agreed in principle that we would share in some of those costs. We (the City and MDOT) mutually designated the portions of the roadway that each of us would repair. We solicited bids for our designated portion of the repairs. We have reviewed the bids and determined they meet our stipulated specifications. All repairs must be completed by June 30 to allow commencement of the RR Crossing Improvements Project to commence after the 4th of July Holiday. The City Commission is asked to approve the bids and award the work. Motion by Commissioner Murphy second by Commissioner McConnell to approve the bids and award the contract to Rite Way Asphalt Paving by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. I. PURCHASE OF SANITARY LIFT STATION PUMP We ve previously shared with the City Commission the inordinate amount of time and energy our wastewater crews spend in dealing with clogged lift station pumps caused by items such as disposable diapers, disposable towels, and other items that are marketed as disposable, but in reality are a tremendous resource drain on public service utilities. We ve attempted a very aggressive education campaign in an attempt to encourage our sewer customers to find alternative means to dispose of the disposable items other than flushing them into our system with no avail. And it s next to impossible to determine which of our customers is ignoring our requests. Kennedy Industries is marketing a new submersible pump that they claim is clog-free in fact they offer a no-clog guarantee. The City Commission is asked to approve the purchase of one of these pumps to allow us to determine whether the claim is legitimate. And as Kennedy Industries is presently the only known regional vendor for this particular pump, we concurrently ask the Commission s approval for a solesource acquisition.

5 April 20, 2015 UNOFFICIAL Page 4 of 7 Motion by Commissioner McConnell second by Commissioner Bonham to approve the sole source purchase by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. J. AMENDMENT TO DEPOT FIDUCIARY AGENT DESIGNATION The City previously designated the MidMichigan Community Action Agency (MMCAA) as its Fiduciary and Contracting Agent for matters related to the rehabilitation of the Clare RR Depot. This relationship has been an immense success and has worked brilliantly. But we recently received a Michigan Council for the Advancement of Culture & Art (MCACA) grant, which are public funds. A condition of the grant agreement is that we cannot transfer the grant funds to another entity without authorization. We ve requested an amendment to our current agreement that would allow us to transfer the funds to the Community Action Agency as our Fiduciary Agent, and the MCACA staff has informed us they will support the request. But the resolution we adopted precludes the City from transferring public funds to MMCAA. Consequently, we ask that the City Commission amend the resolution accordingly. Motion by Commissioner Swanson second by Commissioner McConnell to amend the agreement with MMCAA as Fiduciary & Contracting Agent of the Clare Depot Project by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. K. ESTABLISH BOND RESERVE BANK ACCOUNTS As a part of the financing provided by Rural Development by their purchase of the water and sewer revenue bonds issued by the City of Clare for the 2014 North Industrial Park/Utility Infrastructure Extension four new bank accounts are required to be established as identified within City of Clare Ordinances and approved by the City Commission on August 18, Two of the bank accounts to be created are the Bond and Interest Redemption Accounts (one for the sewer bond and one for the water bond) which is used to for the required payment reserve which is funded over a ten year period. The other two bank accounts required to be established are for repairs, replacement and improvements to the sanitary sewer system and the water system during the forty year terms of the Rural Development loans. For these two accounts an amount predetermined by Rural Development based upon the original amount of the bond is required to be put into reserve to pay for repairs and replacements to what is called short lived assets (less expensive components of the system) and other improvements needed to maintain the water and sewer systems. Funds put into this account can be used immediately or in the future for the types of maintenance and improvement purposes identified on pages 13 and 14 for the water bond ordinance and pages 14 and 15 of the sewer bond ordinance. The required Bond Payment Reserve and the Repair, Replacement and Improvement Reserve schedules for both the water revenue bond and the sewer revenue bond are enclosed for the City Commissions reference. In addition to establishing these four new bank accounts a complete review of all of the City s bank accounts has been completed and is summarized for the Commission s review on the attached spreadsheet. The City Commission is asked to approve the list of signatories and re-designate Steven Kingsbury as the City s Investment Officer and Electronic Banking Administrator. Motion by Commissioner Swanson second by Commissioner McConnell to approve the establishment of the bank accounts by adoption of Resolution Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried.

6 April 20, 2015 UNOFFICIAL Page 5 of 7 L. *BOARD & COMMITTEE APPOINTMENT-MR. JOSH CLARK, PLANNING COMMISSION Approved By Consent Agenda. Resolution TREASURER S REPORT The Treasurer presented his report. 9. * DEPARTMENT REPORTS The Treasurer presented his report. Approved By Consent Agenda. 10. CITY MANAGER S REPORT Colonville Road CDBG Audit. MEDC audited our grant records on April 17th. Absolutely no deficiencies were noted, and no corrections were needed. The required jobs have been created and the mandatory private investment has been well-exceeded. We will be allowed to conditionally close the grant as soon as the Colonville Road Project is completed and we ve expanded the balance of the remaining funds later this spring. March 25th Planning Commission Meeting. The Planning Commission is scheduled to meet in special session on Wednesday, April 29th, to consider a site plan request from McDonald Chrysler to permit construction of a square foot addition to the rear their present building. The new addition will house their vehicle paint booth, which is presently housed in an adjacent leased building. This special meeting will preclude the Commission s regularly scheduled monthly meeting in May unless we receive another request for a special meeting. Wal-Mart Traffic Study. Wal-Mart obtained the services of a Traffic Engineer to conduct a study of the potential vehicular traffic impact on the local road environment related to the construction of the proposed new store in Clare. We have called for a meeting with engineering representatives of all the affected parties to include MDOT, the Clare County Road Commission, the developer (CNG), Wal-Mart, and the City to review the study and discuss recommended actions. Zoning Board of Appeals. The Clare ZBA has been asked to meet (no date has been set yet) to consider a setback variance request related to the residential unit at 208 John R Street. The City Staff is recommending the ZBA approve the requested variance. Clare Pride Day/Earth Day. This activity is scheduled for Wednesday, April 22nd. Fiscal Oversight & Budget Committee Meeting. The Committee is scheduled to meet on Thursday, April 23rd in preparation for the two Budget Workshops scheduled for the full City Commission during the Commission s two scheduled May meetings. The finalized budget will be presented to the City Commission at the first scheduled meeting in June in accordance with the City Charter. City s Easter Egg Drop. The event was considered a success with nearly 200 children and a similar number of adults attending. Woman s Self-Defense Course. Nearly 200 attended the two scheduled classes. Due to demand additional classes will be scheduled in the Fall. Girls on the Run. This great event will be held on May 16th in Clare this year; approximately 1,000 runners are expected to participate. Prescription POD. The nearest used/old prescription drop-off POD is located at the Sheriff s Office in Harrison. With the partnership of MMCAA (they will defray all associated costs), we are in the process of establishing a prescription drop-off point at the Clare Police Department. Youth Police Academy. The very popular Clare Police Department Youth Police Academy will be held in July again this year. Due to the expanded support of all local police agencies, we anticipate we will be able to enroll approximately 50 Middle School students this year.

7 April 20, 2015 UNOFFICIAL Page 6 of Chamber of Commerce Legislative Breakfast. This event will be held at Brewin On McEwan on April 24th. Rep. Johnston is scheduled to attend, as is Sen. Emmons. Additionally, a Michigan Municipal League s staffer will provide an overview of Prop 1, which is on the ballot on May 5th. Arbor Day Proclamation. We will ask the Mayor to sign the attached Arbor Day Proclamation. As the Commission is aware, Clare is an Arbor Day Foundation designated Tree City. Addendums CMU & MLGMA Fellowship Program. CMU and MLGMA have a joint fellowship program in which each entity contribute $3,000 toward a 12 week internship at a municipality. Roy Atkinson has been selected as this year s recipient for an internship at the City of Clare. *COMMUNICATION Approved By Consent Agenda. Bureau of Elections News Updates. The March 20 and April 10, 2015 editions of the Michigan Bureau of Elections news reporting on Military & Overseas AV delivery requirements, voting system warranties, Daylight Savings Time, delivery of May ballots, paperless SOS transactions, Election Inspector Appointments and Election Inspector Training Videos are attached for review. Charter Communications Notice. Charter Communications has provided a notice of change to their television viewing line-up. Michigan Department of Transportation. MDOT s 3rd and 4th quarter reports are attached for review. Survivor Forum. Senator Emmons has extended an invitation to attend a Survivor Forum survivors of human trafficking, at Grace Community Church in Detroit on April 2, Response to Dangerous Structure Correspondence. A property owner has provided a response to a second notification regarding the dangerous condition of a structure located on property within the city. MACTV Newsletter. The most recent news from MACTV is attached for review. 12. EXTENDED PUBLIC COMMENT: None. 13. COMMISSION DISCUSSION TOPICS: Mayor Humphrey asked where sand is being moved from the industrial park; Sand being moved from the north industrial park site is being stockpiled on city property by the city for use at a later date. The Mayor also asked if it would be possible to reduce the amount of information that is sent in commission packets. While it does take a significant amount of time to compile packet information, a fair amount of the information received by the city is in electronic format and therefore it does not take additional time to scan those documents for placement into the City Commission s electronic packet. The City Commission receives a significant number of documents within each of the commission packets provided for review before each meeting and the April 20 Commission meeting packet was exceptionally large due to the number of topics being addressed at this meeting as well as regular communications that had been received which were related to city business and local activities. Some of the packet documents are required to be provided within specific time periods according to City Charter while other documents are required to be provided as a matter of state or federal law, but all documents are provided as a matter of transparency to both the City Commission and the public at large. 14. *APPROVAL OF BILLS Approved By Consent Agenda. 15. EMPLOYEE APPEAL OF PERSONNEL POLICY DECISION

8 April 20, 2015 UNOFFICIAL Page 7 of A closed session was scheduled for tonight s meeting, however, neither the appealing employee nor the Union Representative showed up for the closed session meeting and therefore a closed session meeting was not held. If the City Commission decides to deny the appeal, the personnel policy matter could go to mediation or to binding arbitration. A mediator would provide an unbiased opinion on each party s standing and would be provided at no cost to the city as they are paid by the state. Arbitration costs and related attorney fees are shared by both parties. City staff recommended hiring Attorney Robert DuBault to represent the City in mediation and for the commission to designate at least one City Commissioner to attend the mediation. Commissioner Jean McConnell volunteered to attend the scheduled mediation meetings. Motion by Commissioner Swanson second by Commissioner McConnell to approve moving forward with mediation and hiring Attorney DuBault to represent the city s interests. Roll call vote: Yeas: Commissioners Bob Bonham, Pat Humphrey, Jean McConnell, Gus Murphy and Karla Swanson. Nays: None. Absent: None. Motion Carried. ADJOURNMENT Motion by Commissioner Swanson second by Commissioner Murphy to adjourn the meeting. Ayes: All. Nays: None. Absent: None. Motion Carried. Meeting adjourned at 7:10 p.m. Pat Humphrey, Mayor Diane Lyon, City Clerk

9 AGENDA REPORT TO: Mayor & City Commission FROM: Ken Hibl, City Manager DATE: April 30, 2015 RE: Sale of City Property For the Agenda of May 4, 2015 Background. The City received a donation of property located on McEwan Street from the Dull Estate with the stipulation that the donated property had to be sold and that all proceeds received from the sale of the donated property be designated and used for the rehabilitation of the Historic Clare Railroad Depot. The City accepted the donated property under those terms and publicly solicited bids for the sale of the property with the lowest acceptable bid set at $5,000. Only one bid was received (see copy of att d bid documents) that being submitted by Mr. Scott A. Rambo of Bad Axe, Michigan, who is the owner of adjacent property on McEwan Street in Clare. The bid received exceeds the minimum acceptable bid amount, thus the City Staff recommends that the City accept the bid and approve the sale of the property. Issues & Questions Specified. Should the City Commission accept the bid and approve the sale of this property? Alternatives. 1. Accept the bid and approve the sale of the property. 2. Reject the bid and direct solicitation of new/additional bids. 3. Defer decision regarding the matter to a subsequently scheduled meeting. Financial Impact. Acceptance of the bids and sale of the property garners $5,800 that will be used to assist in the rehabilitation of the Historic Clare RR Depot while concurrently returning the property to the City s tax roll. Recommendation. I recommend that the City Commission accept the bid and approve the sale of the property to Mr. Rambo by adoption of Resolution (copy att'd). Attachments. 1. Bid Documents. 2. Resolution

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12 Request for Sealed Bids for Real Property ID # Dull Property Donation-Proceeds for Depot Project Minimum Bid $5,000 Bids Due April 17, :oo pm Bid Opening on April 22, 2015 at 9:45 am by Treasurer Steven Kingsbury and Clerk Diane Lyon Submitted By Address Cell Shop Bid Amount Scott Rambo American Marble & Granite 916 N. Van Dyke, Bad Axe MI (989) (989) $ 5,800.00

13 RESOLUTION A RESOLUTION OF THE CLARE CITY COMMISSION APPROVING THE SALE OF CITY PROPERTY. WHEREAS, the Dull Estate donated property to the City under the condition that said property would be sold and all proceeds of said sale would be transferred to a special fund designated for rehabilitation of the Historic Clare Railroad Depot; and WHEREAS, the City publicly solicited bids for the sale of said property and stipulated that the minimum bid that would be accepted would be $5,000; and WHEREAS, the City received only one bid, said bid being in the amount of $5,800; and WHEREAS, the City Commission has reviewed said bid and deemed it meets the City s announced bid specifications and determined acceptance of said bid to be in the best interests of the City and all parties involved. NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Clare hereby accepts the lone bid of $5,800 and approves the sale of property to Scott A. Rambo of Bad Axe, Michigan. BE IT FURTHER RESOLVED THAT the City Commission directs the City Staff to take all actions necessary to execute and complete the sale of said property and transfer the title of said property to Mr. Rambo upon receipt of funds to purchase said property. BE IT FURTHER RESOLVED THAT the City Commission directs the City Treasurer to designate and transfer all funds from said sale of property to a special fund identified for the rehabilitation of the Historic Clare Railroad Depot. ALL RESOLUTIONS AND PARTS OF RESOLUTIONS INSOFAR AS THEY CONFLICT WITH THE PROVISIONS OF THIS RESOLUTION BE AND THE SAME ARE HEREBY RESCINDED. The Resolution was introduced by Commissioner and supported by Commissioner. The Resolution declared adopted by the following roll call vote: YEAS: NAYS: ABSENT: Resolution approved for adoption on this 4 th day of May Diane Lyon, City Clerk

14 To: Mayor Pat Humphrey and the Clare City Commission From: Steven J. Kingsbury, MBA, CPFA, MiCPT Treasurer, Finance and Technology Director Date: April 28, 2015 AGENDA REPORT Regarding: North Industrial Park/Infrastructure Build Project - Contractor Payment For the Agenda of May 4, 2015 Background The contractor that is working on the Division B portion (the water tower) of the City's North Industrial Park and Utility Infrastructure project has submitted their sixth application for payment for work completed through April 30, The City's engineer for this project Gourdie-Fraser has reviewed the application for payment and has verified that all indicated work has in fact been satisfactorily completed and that all invoices/purchases included within the contractor's application for payment have in fact been purchased by the contractor for the City of Clare's 2014/15 North Industrial Park/Infrastructure project. Financial Impact Approval of this application for payment from the contractor thereby allows the City to submit it along with the approving resolution from the Clare City Commission to both the U.S. Economic Development Administration to request reimbursement from the EDA Grant awarded to the City for this project as well as the USDA Rural Development Office to be approved as a construction draw from the water revenue bond financed through Rural Development. Recommendation Based upon our project engineers review and approval of the enclosed application for payment we recommend that the City Commission approve Resolution thereby authorizing the $80, payment to Maguire Iron, Inc. Attachments 1. Maguire Iron, Inc. - Contractor's Application for Payment Number Six. 2. City of Clare Resolution

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18 RESOLUTION A RESOLUTION OF THE CLARE CITY COMMISSION APPROVING AN APPLICATION FOR PAYMENT FOR THE CITY'S NORTH INDUSTRIAL PARK AND INFRASTRUCTURE CAPITAL IMPROVEMENT PROJECT. WHEREAS, the City of Clare, Counties of Clare and Isabella, State of Michigan (the City ) has undertaken a capital improvement project to construct a new North Industrial Park and to extend public utilities to provide service to the property; and WHEREAS, this capital improvement project is being funded by a $2.6 million Grant from the United States Economic Development Administration, water and sewer bonds and capital improvement bonds purchased by the United States Department of Agriculture Rural Development and existing City funds; and WHEREAS, Maguire Iron, Inc. was awarded the contract to complete the Division B portion of the project which includes a 500,000 gallon elevated water storage tank, foundation and all related water main connections; and WHEREAS, the City has received the sixth contractor's application for payment for this division of the project; and WHEREAS, the City's project engineer Gourdie-Fraser has reviewed the request for payment and has verified that all indicated work has been satisfactorily completed, that all included purchases have been made and that all required documentation has been accurately and thoroughly completed; and WHEREAS, the USDA Rural Development requires formal approval by resolution of the contractor's request for payment by the Clare City Commission. NOW THEREFORE BE IT RESOLVED THAT the Clare City Commission hereby approves the sixth contractor application for payment from Maguire Iron, Inc. in the amount of $80,750.00; and NOW THEREFORE BE IT FURTHER RESOLVED THAT the Clare City Commission hereby directs the City s Treasurer and Finance Director to submit the contractor's application for payment to both the Economic Development Administration for reimbursement from the EDA Grant awarded to the City for this project and also to USDA Rural Development for funds to be disbursed from the bonds issued for this project. ALL RESOLUTIONS AND PARTS OF RESOLUTIONS INSOFAR AS THEY CONFLICT WITH THE PROVISIONS OF THIS RESOLUTION BE AND THE SAME ARE HEREBY RESCINDED. The Resolution was introduced by Commissioner and supported by Commissioner. The Resolution declared adopted by the following roll call vote:

19 YEAS: NAYS: ABSENT: Resolution approved for adoption on this 4 th day of May Diane Lyon, City Clerk

20 To: From: Mayor Pat Humphrey and the Clare City Commission Steven J. Kingsbury, MBA, CPFA, MiCPT Treasurer, Finance Director and Director of Information Technology Date: April 28, 2015 Reference: Treasurer s Report for May 4, 2015 Annual Escheat Processing: Deputy Treasurer Michelle Bott is in the process of completing this year's annual escheat due diligence prior to the required state reporting and turning over of unclaimed funds. Grant Financial and Reporting Administration: Both myself and Deputy Treasurer Michelle Bott are continuing to complete the monthly, quarterly and semi-annual reporting for the grants that the City has received and are currently administering relative to the funding, accounting, compliance reporting and annual external audit. Each grant has unique and specific requirements that necessitate a considerable amount of care to insure accurate reporting and subsequent compliance and external audit review. Annual Fiscal Budget: The annual fiscal budget process has begun with presentations to the Planning Commission on April 8 th of the requested/recommended capital improvements and the complete budget to the Fiscal and Budget Committee on April 23 rd. The City Commission's budget workshops are scheduled for May 4 th and the 18 th with consideration and adoption of the budget scheduled for June 1 st as reflected within the enclosed schedule.

21 AGENDA REPORT To: Mayor Pat Humphrey and the Clare City Commission From: Ken Hibl, City Manager Date: April 30, 2015 Regarding: City Manager's Report For the Agenda of April 20, 2015 Industrial Park Update. Work on Consumers Energy Parkway has commenced; curb has been installed, and sand base has been laid. Installation of all public utilities (electric, telephone, cable, data) will commence next week; DTE is scheduled to commence extending the gas main on Colonville next week with installation into the IP shortly thereafter. Water has been extended to the base of the future water tower and has been tested once (passed muster) with a second test scheduled for next week. The sanitary sewer mains are installed as is the sanitary force main; the pump station wet well has been completed excluding installation of pumping and control equipment. Dunigan Brothers are scheduled to complete all of their work (roadway, water, & sewer) by June 1 st. Water tower construction is scheduled to commence in June and be completed by August; the tower is tentatively scheduled to be painted in September. Gourdie- Fraser is scheduled to meet with Malley next week to make a final assessment and develop a schedule to complete all necessary work on Colonville Road. March 25 th Planning Commission Meeting. The Planning Commission met last night (April 29 th ) and approved a site plan application of McDonald Chrysler to construct a 1,200 sf addition on the northwest corner of their existing building; the intent is to move their paint booth, which is currently housed in an adjacent leased building, into the addition. Zoning Board of Appeals. The Clare ZBA is scheduled to meet on May 12 th to consider a setback variance request related to the residential unit at 208 John R Street. The City Staff is recommending the ZBA approve the requested variance. Prosperity Award. Northern Logistics and the City were presented a state-level Prosperity Award (copy att d) by Michigan Works in Lansing on April 22 nd. Fireworks Test Shot. Weather interfered with the scheduled test shot; consequently the test was conducted on Monday, April 27 th. The test revealed that the fireworks could not be adequately viewed from Shamrock Park if the Shamrock Dam is used as the launch site; consequently, it appears the launch site will remain Barnes Island. A copy of the approved fireworks permit and insurance certificate are attached. Absence. I will be out of the office during the period May 1-12; Steve will serve as the Acting City Manager for this period. Attachment. 1. Prosperity Award. 2. Fireworks Permit & Insurance Cert. 1

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25 PRODUCER PROFESSIONAL PROGRAM INSURANCE BROKERAGE 371 BEL MARIN KEYS BLVD., SUITE 220 NOVATO CA, CERTIFICATE OF INSURANCE ISSUE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LATER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER A: INSURED INSURER B: INSURER(S) AFFORDING COVERAGE LLOYD'S OF LONDON 3/27/2015 Wolverine Fireworks Display, Inc. 205 W. Seidlers Road Kawkawlin, MI INSURER C: INSURER D: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NAMED INSURED ABOVE FOR THE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY CLAIMS MADE PY/ /01/ /01/2016 EACH ACCIDENT $ MEDICAL EXP (Any one person) $ FIRE LEGAL LIABILITY $ 5,000,000 50,000 GEN L AGGREGATE LIMIT APPLIES PER POLICY AUTOMOBILE LIABILITY ANY AUTO ANY OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GENERAL AGGREGATE $ PRODUCTS-COMP/OPS AGG $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ EXCESS LIABILITY FOLLOWING FORM EACH ACCIDENT $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY OTHER AGGREGATE $ WC STATU- OTH- TORY LIMITS ER $ E.L.EACH ACCIDENT $ E.L. DISEASE-EA EMPLOYEE $ E.L DISEASE-POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Clare Chamber of Commerce and City of Clare are Additional Insured as respects the 07/03/2015 Aerial Fireworks Display located on or near Shamrock Lake, MI. CERTIFICATE HOLDER Clare Chamber of Commerce 429 McEwan Street Clare, Michigan CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE

26 AGENDA REPORT TO: Mayor & City Commissioners FROM: Diane Lyon, City Clerk DATE: April 29, 2015 RE: *Communications For the Agenda of May 4, 2015 *Note: This is a Consent Agenda item and is considered as routine by the City Commission. As such, this matter shall be automatically enacted by one motion with all other Consent Agenda items unless a Commissioner or citizen requests this item be individually discussed, in which event it shall be removed from the Consent Agenda and considered and acted upon in its designated sequence on the approved Clare City Commission agenda of May 4, The following major items of correspondence were either received by or transmitted by the City since the last regularly scheduled City Commission meeting: Bureau of Elections News Updates. The Michigan Bureau of Elections has provided a reminder for people to get out and vote in the upcoming May 5, 2015 Special Election. SOS Express. The Michigan Secretary of State s 04/27/15 newsletter discussing awareness of the need for organ donors, lighthouse preservation plates, office remodeling and relocation projects, community service options for driver responsibility fees, and the SOS Mobile Office is provided for review. Clare County Community Foundation We received acknowledgement of receipt of our grant application to the CCCF for grant funding for the Downtown Façade Improvement Project. DTE Information. DTE has provided correspondence regarding their security deposit policy. Attachments. As outlined above.

27 State Proposal 15-1 on all ballots statewide Diane Lyon From: Sent: To: Subject: Michigan Secretary of State Wednesday, April 29, :40 AM Diane Lyon Election Reminder: Statewide ballot question to be decided Tuesday Proposal 15-1 on all ballots statewide Voters across Michigan will head to the polls this coming Tuesday to decide a statewide ballot question. Find your polling location and track your absentee ballot at the Michigan Voter Information Center at You also can view your sample ballot to see if your community or school district has other items on the ballot. How you can get an absentee ballot Voters who qualify may choose to cast an absentee ballot. As a registered voter, you may obtain an absentee ballot if you are: Age 60 or older. Physically unable to attend the polls without the assistance of another. Expecting to be absent from the community in which you are registered for the entire time the polls will be open on Election Day. In jail awaiting arraignment or trial. Unable to attend the polls due to religious reasons. Appointed to work as an election inspector in a precinct outside of your precinct of residence. Those who wish to receive an absentee ballot by mail must submit the application by 2 p.m. Saturday, May 2. Visit us online to find out more. ExpressSOS.com allows voters to change address Many Michigan residents who already are registered to vote can change their official state address, including their voter registration address, online at no cost. Visit ExpressSOS.com and follow the simple instructions. Voter ID reminder Voters will be asked to provide identification when they visit the polls on Election Day. They will be asked to present valid photo ID, such as a Michigan driver s license or identification card. Anyone who does not have an acceptable form of photo ID or failed to bring it with them to the polls still may vote. The person will be required to sign a brief affidavit stating that he or she is not in possession of photo ID. The ballot will be included with all others and counted on Election Day. 1

28 Find out more. Having trouble viewing this ? View it as a Web page. Please do not reply to this . We are not able to read or respond to replies sent to this address. We welcome questions and comments at the Contact Us page. Manage Subscriptions Unsubscribe All Help STAY CONNECTED: This was sent to dlyon@cityofclare.org using GovDelivery, on behalf of: Michigan Secretary of State 430 W. Allegan Street Lansing, MI

29 Diane Lyon From: Sent: To: Subject: Michigan Secretary of State Monday, April 27, :34 PM Diane Lyon NEWS RELEASE: Secretary Johnson encourages eligible residents to vote in May 5 election -- For immediate release -- Secretary Johnson encourages eligible residents to vote in May 5 election State Proposal 15-1 on all ballots statewide LANSING, Mich. Secretary of State Ruth Johnson is encouraging all eligible voters to cast their ballots in the statewide election May 5. Voting provides an opportunity to make one s voice heard, said Johnson. Because voting is an essential part of our democracy, I encourage all eligible residents to take a few minutes to cast a ballot on Election Day. The polls will be open on Election Day from 7 a.m. to 8 p.m. All communities will have an election, even if the only item on the ballot is State Proposal Official ballot language can be found at To view your sample ballot, visit the Michigan Voter Information Center at Johnson said the website is a great online resource for voters. They can find their polling location or track their absentee ballots to confirm their absentee ballot has been received by their local clerk. There is still time for voters to obtain an absentee ballot. As a registered voter, you may obtain an absentee ballot if you are: age 60 or older. physically unable to attend the polls without the assistance of another. expecting to be out of town for the entire time the polls are open on Election Day. 1

30 in jail awaiting arraignment or trial. unable to attend the polls due to religious reasons. appointed to work as an election inspector in a precinct outside of your precinct of residence. Those who wish to receive their absentee ballot by mail must submit their application by 2 p.m. Saturday, May 2. Absentee ballots can be obtained in person anytime through 4 p.m. on Monday, May 4. Voters who request an absentee ballot in person on Monday must fill out the ballot in the clerk s office. Emergency absentee ballots are available under certain conditions through 4 p.m. on Election Day. Residents who registered to vote by mail or via a voter registration drive and have never voted in Michigan are not eligible to vote by absentee ballot in their first election. They must vote in person at their precinct. This restriction does not apply to voters who are overseas, disabled or 60 or older. Voters must fulfill identification requirements under Michigan law. They will be asked to present valid photo ID at the polls, such as a Michigan driver s license or identification card. Anyone who does not have an acceptable form of photo ID or failed to bring it with them may still vote. They will sign a brief affidavit stating that they re not in possession of a photo ID. Their ballots will be included with all others and counted on Election Day. Voters obtaining absentee ballots in person must meet the same photo identification requirement as voters who cast ballots in the polling place. Under Michigan law, voters will also be presented with an application at the polls. By signing the application, the voter certifies that he or she is a U.S. citizen. A specially equipped voting station called the AutoMARK Voter Assist Terminal is also available at each polling location for use by voters with disabilities. For media questions, please call Gisgie Dávila Gendreau at For more about the Secretary of State's Office: To find Secretary of State office locations and services, visit Sign up for the official Secretary of State Twitter feed at and Facebook updates at Online services are available at Customers may call the Department of State Information Center to speak to a customerservice representative at 888-SOS-MICH ( ). Having trouble viewing this ? View it as a Web page. Please do not reply to this . We are not able to read or respond to replies sent to this address. We welcome questions and comments at the Contact Us page. Manage Subscriptions Unsubscribe All Help STAY CONNECTED: This was sent to dlyon@cityofclare.org using GovDelivery, on behalf of: Michigan Secretary of State 430 W. Allegan Street Lansing, MI

31 Diane Lyon From: Sent: To: Subject: Michigan Secretary of State Monday, April 27, :35 PM Diane Lyon SOS Express News from Secretary of State Ruth Johnson Go Blue! Go Green! Secretary of State team celebrates National Donate Life Blue & Green Day Secretary of State branch offices employees help promote organ, eye and tissue donation year-round but during Donate Life Month in April, they pull out all the stops. On April 17, many SOS offices participated in National Donate Life Blue & Green Day, when supporters of the cause across the nation are encouraged to wear those colors to promote the success of organ, eye and tissue transplantation and to help raise awareness of the critical need for donors. SOS Mobile Office is making the rounds The full-service Secretary of State Mobile Office is always on the go, crossing the state to offer convenient services to residents. The office recently registered new voters at Grand Rapids Community College and participated in community events in Detroit and Pontiac. It will finish up the month at the Van Buren District Library in Decatur on April 30. Secretary of State Ruth Johnson said she is proud of her team, which registers tens of thousands of organ donors every month. Over the past four years, the percentage of the adult population on Michigan's donor registry has increased from just 27 percent in 2011 to more than 50 percent today, improving the odds for the approximately 3,500 patients in the state who are waiting for 1

32 an organ transplant. Lighthouse plates help preservation Five historic Michigan lighthouses will be awarded Michigan Lighthouse Assistance Program grants, which are funded by sales of Michigan's Lighthouse Preservation license plates, state officials recently announced. Michigan s lighthouses are the gems that dot our state s beautiful coastline, said Secretary Johnson. I thank the thousands of Michigan motorists who have chosen to support these historic buildings that tower majestically over our shores. Read the MLive story Secretary of State office remodeling and relocation projects are underway During the spring and summer, several Secretary of State offices across Michigan are being remodeled or relocated, requiring temporary closures. Information about the dates of closures, as well as directions to alternative offices, can be found on the Branch Office Locator. Customers are encouraged to use online services at the No- Wait Secretary of State, ExpressSOS.com, which may save them a trip to a branch office. Community service option for Driver Responsibility Fees The Secretary of State's Office is teaming with the Michigan Department of Treasury and the Michigan Public Service Commission to get the word out about a new community service option that is being offered to some motorists as a way to waive Driver Responsibility Fees. Linda Lee Tarver, SOS director of community affairs, (above, at right) gave a presentation at the Michigan Works! service center in Highland Park on April 16 with Kyle Dymond, an assistant administrator in Treasury's Office of Collections, and Jessi Adler, MPSC communications director. More than 70 people attended the event and were able to receive details and ask questions about the program. Having trouble viewing this ? View it as a Web page. Please do not reply to this . We are not able to read or respond to replies sent to this address. We welcome questions and comments at the Contact Us page. Manage Subscriptions Unsubscribe All Help STAY CONNECTED: This was sent to dlyon@cityofclare.org using GovDelivery, on behalf of: Michigan Secretary of State 430 W. Allegan Street Lansing, MI