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Minutes of the regular meeting of the City Commission held Monday, March 14, 2005, at 7:00 p.m., in the City Commission room.
Mayor Miller called the meeting to order at 7:07 p.m. and the Pledge of Allegiance was recited.
Commissioners Present: Mayor Miller and Vice Mayor Bradley; Commissioners Bissell, Joslin, Moreno, Spycher and Tilmann.
Commissioners Absent: None
Others Present: City Manager Preston, City Clerk Flynn, and City Attorney Martineau.
City Manager Preston read a proclamation in support of “Professional Social Work Month – March 2005”.
Mayor Miller proclaimed March 31 through April 10, 2005 as “Central Michigan International Film Festival Days” and presented the proclamation to committee member Mark Poindexter.
Planning Commissioners Michelle Howard and Jeff Smith presented the following 2004 Community Improvement Awards:
Residential – 715 N. Fancher, owned by Mark Weidman
Commercial – 930 W. Broomfield, owned by Dave Hunter
Mayor Miller recognized John Bradac, Allen Bryan, Mike Kostrzewa, Phil Langlois, Lynn Markham, Kriss Roethlisberger, and Sam Staples for their service on City boards and commissions. Mayor Miller distributed Certificates Of Appreciation to Mr. Kostrzewa and Mr. Staples who were present.
Bob Bucholtz, 1037 S. Fancher, suggested that 2% money requests include neighborhood projects.
Kathy Rise, 4505 S. Winn Road, voiced concerns regarding time limits at City meetings.
Received the following petitions and communications:
1. Airport Advisory Board Minutes (November)
2. Charter Township of Union Board of Trustees Minutes (January, February)
3. Charter Township of Union Planning Commission Minutes (January,
February)
4. Mt. Pleasant Housing Commission Minutes (February)
5. Street Department and Motor Pool (February)
6. Water Department (February)
Commissioner Joslin requested that Agenda item #13a. be removed from the
consent calendar
Moved by Vice Mayor Bradley and supported by Commissioner Spycher to
approve the following items on the Consent Calendar as amended:
1. Twin City Landscape, Inc., St. Louis, MI., in the amount of $12,975, for purchase and planting of trees in Nelson Park.
2. Peerless-Midwest, Inc., Ionia, MI., in the amount of $15,066.50, for Well #17 rehabilitation.
3. Request from Central Michigan Community Hospital of Mt. Pleasant, county of Isabella, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license.
4. WHEREAS, Article XII, Section 4 “Municipal Utilities”, of the Charter of the City of Mt. Pleasant, requires that all unpaid utility services be reported to the City Manager and City Commission, and
WHEREAS, the City Commission shall order publication of a notice of unpaid utility charges,
NOW, THEREFORE, BE IT RESOLVED, that the City Commission orders that public notice be given that all unpaid utility charges not paid by April 15, 2005, will be assessed upon city tax rolls against the property to which the utility services have been supplied or furnished.
5. $341,000 grant from the Michigan Department Of Transportation, to reconstruct Bradley Street, from High to Broadway Streets, and authorize the Mayor and City Clerk to execute the necessary documents.
6. RESOLVED WHEREAS, the City of Mt. Pleasant, hereinafter referred to as the “GOVERNMENTAL BODY,” periodically applies to the Michigan Department of Transportation, hereinafter referred to as the “DEPARTMENT,” for permits, referred to as “PERMIT”, to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under state trunkline right of way at various locations within and adjacent to its corporate limits;
NOW, THEREFORE, in consideration of the Department granting such PERMIT, the GOVERNMENTAL BODY agrees that:
Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law.
This Agreement is not intended to increase either party’s liability for, or immunity from, tort claims.
This Agreement is not intended nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement.
1. Any work performed for the GOVERNMENTAL BODY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL BODY and not as a contractor or agent of the DEPARTMENT. Any claims by any contractor or subcontractor will be the sole responsibility of the GOVERNMENTAL BODY. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMENTAL BODY, or their subcontractors or any other person not a party to the PERMIT without its specific prior written consent and notwithstanding the issuance of the PERMIT.
2. The GOVERNMENTAL BODY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages.
3. It will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State trunkline right of way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL BODY’S facilities according to a PERMIT issued by the DEPARTMENT.
4. With respect to any activities authorized by PERMIT, when the GOVERNMENTAL BODY requires insurance on its own or its contractor’s behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.
5. The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT.
6. This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL BODY or the DEPARTMENT with no less than thirty (30) days prior written notice to the other party. It will not be cancelled or otherwise terminated by the GOVERNMENTAL BODY with regard to any PERMIT which has already been issued or activity which has already been undertaken.
BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the Michigan Department of Transportation for the necessary permit to work within state trunkline right of way on behalf of the GOVERNMENTAL BODY.
Duane E. Ellis, Director of Public Works
7. Payrolls, dated March 11, 2005, check numbers 47294-47488, and warrants,
dated March 2, 2005, check numbers 45036-45192, all totaling $1,073,482.90.
Motion unanimously adopted.
Moved by Vice Mayor Bradley and supported by Commissioner Tilmann to approve the minutes of the regular meeting held February 28, 2005. Motion unanimously adopted.
A public hearing was held on the proposed construction of new curb and gutter on both sides of Bradley Street, from Broadway to High, Special Assessment District No. 1-05. No comments were heard or communications received. Mayor Miller closed the public hearing.
The following resolution No. 5 was offered by Vice Mayor Bradley and supported by Commissioner Spycher:
WHEREAS, the City Commission has met after due and legal notice and reviewed the special assessment roll to defray Special Assessment District No. 1-05 share of the cost of certain public expenditures, described as construct new curb and gutter on both sides of Bradley Street, from Broadway to High, in the City;
WHEREAS, after hearing all persons interested therein and after carefully reviewing the special assessment roll, the Commission deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon are in accordance with the benefits to be derived by each parcel of land assessed;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Said special assessment roll as prepared by the City Assessor, in the amount of $13,176, is hereby confirmed.
2. Said special assessment roll may be divided into eight annual installments, the first of which shall be due and payable on July 1, 2006.
3. Interest shall be charged on the unpaid balance of said special assessment roll at the rate of five percent (5%), commencing one (1) month after notification that the project has been completed. There will be no interest if paid within one month of the written notification from the City Treasurer.
4. The City Clerk is directed to attach his warrant to a certified copy of this resolution within ten (10) days after its adoption requesting the Assessor to spread and the Treasurer to collect the sums and amounts as directed by the Commission.
5. The City Clerk is directed to endorse the date of confirmation on the roll.
6. All resolutions and parts of resolutions conflicting with the provisions of this resolution are rescinded.
Resolution unanimously adopted.
A public hearing was held on the proposed new sidewalk construction on the north side of Burch Street, from Bradley to Henry, Special Assessment District No. 3-05. Marion Jennings, 1408 Burch, Ron Roby, 201 E. Bennett, Verna Holley, 1406 Burch, Jerry Gross, 1404 Burch, and John Kennedy, 708 S. Henry spoke in opposition to project. No additional comments were heard or communications received. Mayor Miller closed the public hearing.
The following resolution No. 5 was offered by Vice Mayor Bradley and supported by Commissioner Moreno:
WHEREAS, the City Commission has met after due and legal notice and reviewed the special assessment roll to defray Special Assessment District No. 3-05 share of the cost of certain public expenditures, described as construct new sidewalk on the north side of Burch Street, from Bradley to Henry, in the City;
WHEREAS, after hearing all persons interested therein and after carefully reviewing the special assessment roll, the Commission deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon are in accordance with the benefits to be derived by each parcel of land assessed;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Said special assessment roll as prepared by the City Assessor, in the amount of $9,609, is hereby confirmed.
2. Said special assessment roll may be divided into four annual installments, the first of which shall be due and payable on July 1, 2006.
3. Interest shall be charged on the unpaid balance of said special assessment roll at the rate of five percent (5%), commencing one (1) month after notification that the project has been completed. There will be no interest if paid within one month of the written notification from the City Treasurer.
4. The City Clerk is directed to attach his warrant to a certified copy of this resolution within ten (10) days after its adoption requesting the Assessor to spread and the Treasurer to collect the sums and amounts as directed by the Commission.
5. The City Clerk is directed to endorse the date of confirmation on the roll.
6. All resolutions and parts of resolutions conflicting with the provisions of this resolution are rescinded.
AYES: Commissioners Bradley, Miller and Moreno
NAYS: Commissioners Bissell, Joslin, Spycher and Tilmann
ABSENT: None
Resolution defeated.
A public hearing was held on the proposed new sidewalk construction on the east side of Crapo Street, from Canterbury to Preston, Special Assessment District No. 5-05. No public comments were heard or communications received. Mayor Miller closed the public hearing.
The following resolution No. 5 was offered by Vice Mayor Bradley and supported by Commissioner Spycher:
WHEREAS, the City Commission has met after due and legal notice and reviewed the special assessment roll to defray Special Assessment District No. 5-05 share of the cost of certain public expenditures, described as construct new sidewalk on the east side of Crapo Street, from Canterbury to Preston, in the City;
WHEREAS, after hearing all persons interested therein and after carefully reviewing the special assessment roll, the Commission deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon are in accordance with the benefits to be derived by each parcel of land assessed;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Said special assessment roll as prepared by the City Assessor, in the amount of $1,530, is hereby confirmed.
2. Said special assessment roll may be divided into four annual installments, the first of which shall be due and payable on July 1, 2006.
3. Interest shall be charged on the unpaid balance of said special assessment roll at the rate of five percent (5%), commencing one (1) month after notification that the project has been completed. There will be no interest if paid within one month of the written notification from the City Treasurer.
4. The City Clerk is directed to attach his warrant to a certified copy of this resolution within ten (10) days after its adoption requesting the Assessor to spread and the Treasurer to collect the sums and amounts as directed by the Commission.
5. The City Clerk is directed to endorse the date of confirmation on the roll.
6. All resolutions and parts of resolutions conflicting with the provisions of this resolution are rescinded.
AYES: Commissioners Bradley, Miller, Moreno, Spycher and Tilmann
NAYS: Commissioners Bissell and Joslin
ABSENT: None
Resolution adopted.
A public hearing was held on the proposed construction of new sidewalk on the south side of Maple Street, from Thomas to Crapo, Special Assessment District No. 6-05. No public comments were heard or communications received. Mayor Miller closed the public hearing.
The following resolution No. 5 was offered by Vice Mayor Bradley and supported by Commissioner Tilmann:
WHEREAS, the City Commission has met after due and legal notice and reviewed the special assessment roll to defray Special Assessment District No. 6-05 share of the cost of certain public expenditures, described as construct new sidewalk on the south side of Maple Street, from Thomas to Crapo, in the City;
WHEREAS, after hearing all persons interested therein and after carefully reviewing the special assessment roll, the Commission deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon are in accordance with the benefits to be derived by each parcel of land assessed;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Said special assessment roll as prepared by the City Assessor, in the amount of $662.50, is hereby confirmed.
2. Said special assessment roll may be divided into four annual installments, the first of which shall be due and payable on July 1, 2006.
3. Interest shall be charged on the unpaid balance of said special assessment roll at the rate of five percent (5%), commencing one (1) month after notification that the project has been completed. There will be no interest if paid within one month of the written notification from the City Treasurer.
4. The City Clerk is directed to attach his warrant to a certified copy of this resolution within ten (10) days after its adoption requesting the Assessor to spread and the Treasurer to collect the sums and amounts as directed by the Commission.
5. The City Clerk is directed to endorse the date of confirmation on the roll.
6. All resolutions and parts of resolutions conflicting with the provisions of this resolution are rescinded.
AYES: Commissioners Bissell, Bradley, Miller, Moreno, Spycher and Tilmann
NAYS: Joslin
ABSENT: None
Resolution adopted.
A public hearing was held on the installation of storm sewer and pavement of the alley located between Main and University, from Gaylord to Bellows, Special Assessment District No. 7-05. Ms. Phyllis Marshall, 220 Hiawatha spoke in favor of the project. No other comments were heard or communications received. Mayor Miller closed the public hearing.
The following resolution No. 5 was offered by Commissioner Spycher and supported by Commissioner Tilmann:
WHEREAS, the City Commission has met after due and legal notice and reviewed the special assessment roll to defray Special Assessment District No. 7-05 share of the cost of certain public expenditures, described as install storm sewer and pave the alley located between Main and University, from Gaylord to Bellows, in the City;
WHEREAS, after hearing all persons interested therein and after carefully reviewing the special assessment roll, the Commission deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon are in accordance with the benefits to be derived by each parcel of land assessed;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Said special assessment roll as prepared by the City Assessor, in the amount of $30,000, is hereby confirmed.
2. Said special assessment roll may be divided into five annual installments, the first of which shall be due and payable on July 1, 2006.
3. Interest shall be charged on the unpaid balance of said special assessment roll at the rate of five percent (5%), commencing one (1) month after notification that the project has been completed. There will be no interest if paid within one month of the written notification from the City Treasurer.
4. The City Clerk is directed to attach his warrant to a certified copy of this resolution within ten (10) days after its adoption requesting the Assessor to spread and the Treasurer to collect the sums and amounts as directed by the Commission.
5. The City Clerk is directed to endorse the date of confirmation on the roll.
6. All resolutions and parts of resolutions conflicting with the provisions of this resolution are rescinded.
AYES: Commissioners Joslin, Miller, Moreno, Spycher and Tilmann
NAYS: Commissioners Bissell and Bradley
ABSENT: None
Resolution adopted.
Motion by Commissioner Moreno and supported by Commissioner Tilmann to award the contract for the reconstruction of University Street to Jackson Bulldozing in the amount of $556,640.96. Discussion ensued regarding bids that come in over budget and variances in prices among bidders. Motion unanimously adopted.
Moved by Commissioner Tilmann and supported by Commissioner Spycher to receive the proposed Zoning Ordinance Text Changes: Special Use Permit (TC-03-01) and set a discussion on the text at a scheduled work session for March 28, 2005. Motion unanimously adopted.
Commissioners presented their priorities for requests for Saginaw Chippewa Indian Tribe two percent allocations. City Manager Preston will compile the priorities and report to the Commission. The Commission also requested a future work session to discuss the 2% process.
Moved by Vice Mayor Bradley and supported by Commissioner Tilmann to set a special meeting for Monday, March 21, 2005, at 7:00 p.m., for a work session on the 2006-2007 budgets. Motion unanimously adopted.
Announcements On City-related Issues and Concerns
Commissioner Moreno discussed Bridges Center for Healthy Living and suggested City Commissioners include the program in the goals setting process.
Commissioner Tilmann thanked Commissioner Moreno for his efforts in the Bridges program and his time on the Health and Humans Services committee.
Vice Mayor Bradley asked that the ZBA appeal fee policy be reviewed.
Commissioner Joslin would like a review of the current liquor licensing policy, suggested the Planning Commission take off the table and send to the City Commission for discussion the zoning issue of churches in the downtown, and reported that his missing American flag had been returned to him.
Mayor Miller assured the public that the Commission is proactive when it comes to neighborhoods in the City. He also called for the public to be involved with the 2006-2007 budget work session by attending and listening to the presentation or viewing it on television.
Public Comment on Agenda and Non-Agenda Items
Autumn Johnson, 212 Broomfield, raised discrimination and diversity issues regarding a recent incident at Wayside Central.
Denny Miller, 113 N. Harris, expressed concerns and presented written comments regarding the Rivers Bluff project.
Kathy Rise, 4505 Winn Rd., voiced concerns regarding ZBA fees, viewing public documents, opposition to an ordinance regulating churches in the downtown, and consistency between City Commission and Planning Commission public comment time limits.
Gary Schwerin, Assistant City Engineer, presented updated plans for sidewalks on both sides of Fessenden Street.
Moved by Commissioner Joslin and supported by Vice Mayor Bradley that the meeting adjourn at 9:11 p.m. Motion unanimously adopted.
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Adam A. Miller, Mayor Robert J. Flynn, City Clerk