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Minutes of the regular meeting of the City Commission held Monday, April 10, 2006, at 7:00 p.m., in the City Commission Room.
Mayor Bradley Kilmer called the meeting to order and the Pledge of Allegiance was recited.
Commissioners Present: Mayor Bradley Kilmer and Vice Mayor Spycher; Commissioners Bissell, Joslin, Moreno and Tilmann
Commissioners Absent: None
Others Present: City Manager Preston, City Clerk Flynn and Attorney Matthew Romashko (substituting for City Attorney Martineau)
Planning Commission Chairman Holton and Mayor Bradley Kilmer presented the following Community Improvement Awards:
Residential
311 N. Franklin (owners Christopher and Rebecca Bundy)
Commercial
502 W. Broadway (Water Works Salon and Spa)
First Lieutenant Christopher Stolicker, Michigan State Police Post Commander, Mt. Pleasant, was introduced and spoke.
Mayor Bradley Kilmer read and proclaimed April 6 – 12, 2006 as "Gay, Lesbian, Bisexual and Transgender Pride Week".
Mayor Bradley Kilmer read a proclamation in support of April 12, 2006 as "Take Back The Night".
Mayor Bradley Kilmer proclaimed April 30 – May 6, 2006 as "Arson Awareness Week" and presented the proclamation to Bill Yeagley, Mt. Pleasant Public Safety Director.
Received the following communications and petitions:
1. Capital Projects Status Report (March)
2. Mt. Pleasant Fire Department (2005 Annual Report)
3. Street Department and Motor Pool (February)
4. Water Department (February, March)
Moved by Commissioner Moreno and supported by Commissioner Tilmann to approve the following items on the Consent Calendar:
1. Bids:
a. Awarded the housing market study contract to the Anderson Economic Group, East Lansing, MI, in the amount of $22,500,
with $11,250 to be paid by MSHDA; $5,625 by J.E. Johnson; and
$5,625 by the City; and authorize the Mayor and City Clerk to
execute the contract.
b. 2006 water main improvement project to Huckins Contracting,
Beaverton, MI, in the amount of $292,428.69, and authorize
the Mayor and City Clerk to execute the contract.
2. Taxicab license to LeRoy Eifler II for Hooptie Ride Taxi Company.
3. WHEREAS, a vacancy has occurred for the office of City Commissioner for
the term expiring December 31, 2008
WHEREAS, Article IV, Section 5, of the City Charter, directs the City Commission to schedule a special election to fill this office for the unexpired term;
NOW, THEREFORE, BE IT RESOLVED, that a special election be held in the City of Mt. Pleasant on Tuesday, August 8, 2006, for the purpose of filling the vacancy for the office of City Commissioner for the term expiring December 31, 2008;
BE IT FURTHER RESOLVED, that nominating petitions may be filed beginning on Monday, April 17, 2006, until 4:00 p.m., Tuesday, May 16, 2006;
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to conduct said election in the manner prescribed by law.
Resolution unanimously adopted.
4. Payrolls dated March 24, April 7, April 10 and April 11, 2006, check numbers 53894-54378, and warrants dated March 30, 2006, check numbers 51975-52117, all totaling $1,195,285.86.
Motion unanimously adopted.
Moved by Vice Mayor Spycher and supported by Commissioner Tilmann to approve the minutes of the regular meeting held March 20, 2006. Motion unanimously adopted.
A public hearing was held on the plans and estimates to provide funding for the operations of the Principal Shopping District in the City, Special Assessment District No. 1-06. Sam Staples, Michigan Building, Inc., spoke in opposition to having his property in the district. No additional comments were heard or communications received. Mayor Bradley Kilmer closed the public hearing.
The following Resolution No. 3 was offered by Commissioner Joslin and supported by Commissioner Moreno:
WHEREAS, the City Commission, after due and legal notice, has met and heard all interested persons to be affected by the proposed funding for the operations of Principal Shopping District hereinafter described;
AND, WHEREAS, the City Commission deems it advisable and necessary to proceed with Special Assessment No. 1-06;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Commission hereby determines to provide funding for the Principal Shopping District, in the City, Special Assessment District No. 1-06.
2. The plans, profiles and specifications previously prepared by the City Manager are hereby approved.
3. The Commission hereby approves the detailed estimates of the special assessment district's cost to be $181,500. $84,330 shall be spread over the special assessment district as hereinafter described as a result of benefits to be received by the affected properties in the special assessment district. $97,170 shall be paid by the City-at-large.
4. The City Assessor is directed to prepare a special assessment roll in accordance with the Commission's determination.
5. When the Assessor has completed the assessment roll he shall file the roll with the City Clerk for presentation to the Commission.
6. All resolutions and parts of resolutions conflicting with the provisions of this resolution are and the same hereby are rescinded.
Resolution unanimously adopted.
The following Resolution No. 4 was offered by Commissioner Joslin and supported by Commissioner Moreno:
WHEREAS, the Assessor has prepared the special assessment roll for Special Assessment District No. 1-06 to special assess to provide funding for the operations of the Principal Shopping District, and the same has been presented to the City Commission by the City Clerk.
WHEREAS, the district is described as all the lots and parcels of land as follows: all lots in the Principal Shopping District as established by the City Commission at the February 24, 2003 meeting, and amended at the November 14, 2005 meeting,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Said special assessment roll is accepted and will be on file in the office of the City Clerk for public examination.
2. The City Commission shall meet at City Hall, 401 N. Main Street, Mt. Pleasant, Michigan, at 7:00 p.m., Daylight Savings Time, on April 24, 2006, to hear all persons interested in reviewing the special assessment roll, and shall be afforded an opportunity to be heard, and the City Clerk is directed to publish and mail, in accordance with applicable statutory and ordinance provisions, the notice of hearing.
3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.
Resolution unanimously adopted.
Mayor Bradley Kilmer appointed Vice Mayor Spycher as a member of the Appointments Committee for the term ending December 31, 2006.
Moved by Commissioner Joslin and supported by Commissioner Tilmann to set the date for a public hearing, 7:00 p.m., April 24, 2006, to repeal Chapter 93 "Uniform Fire Code" and adopt by reference the 2003 edition of the International Fire Code, including any additions, insertions, deletions and changes. Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Commissioner Joslin to set the date for a public hearing, 7:00 p.m., May 22, 2006, on the proposed 2007 - 2011 Capital Improvement Plan. Motion unanimously adopted.
The following resolution was offered by Commissioner Moreno and supported by Commissioner Tilmann:
WHEREAS, AT&T and Verizon have been actively advocating across the country that local cable franchise agreements be eliminated; and
WHEREAS, AT&T is blaming Michigan communities as the reason they cannot enter into the cable/video business; while local communities and local residents want more cable competition and would quickly allow AT&T into their community, AT&T has refused to negotiate a franchise with any city, village, or township; and
WHEREAS, Legislation introduced in the Michigan Legislature, House Bill 5895 and Senate Bill 1157 would:
• Eliminate local cable franchising, and require the Michigan Secretary of State to grant a statewide franchise.
• Allow any cable or video provider to stop serving any area in a city, village, or township based on out-of-state corporate economic decisions. Current law guarantees service to all local residents. Cable and phone companies could turn off service to neighborhoods because they are not profitable, basically ‘cherry-picking’ and ‘redlining’ neighborhoods, and
WHEREAS, Local government participation in the cable franchising process ensures build-out requirements so that all residents, irrespective of age, race, education, or income level, receive the same service;
NOW, THEREFORE, BE IT RESOLVED, That the City of Mt. Pleasant opposes Senate Bill 1157 and House Bill 5895 and urges our state legislators to oppose the bills.
BE IT FURTHER RESOLVED, that the City Commission hereby affirms its support for the current local cable franchise agreement system and urges federal and state policymakers to only support legislation that:
1. Maintains local control of the cable franchise process;
2. Ensures build-out requirements so that providers are not able to “cherry-pick” customers;
3. Preserves local governments’ ability to manage the public rights-of-way;
4. Ensures no reduction in direct revenues and that Michigan’s Metro Act is preserved.
BE IT FURTHER RESOLVED, That a copy of this resolution be forwarded to our state legislators in Lansing, our Congressional representatives in Washington, D.C., Governor Granholm, and the Michigan Municipal League.
Resolution unanimously adopted.
Moved by Commissioner Joslin and supported by Vice Mayor Spycher to go into closed session, following regular session, to discuss personnel matters.
AYES: Commissioners Bissell, Bradley Kilmer, Joslin, Moreno, Spycher and Tilmann
NAYS: None
ABSENT: None
Motion unanimously adopted.
Announcements on City-related Issues and Concerns
City Clerk Flynn announced that nominating petitions are available for the special City Commission election on August 8, 2006 and announced the filing dates.
Commissioner Moreno mentioned a letter he received asking that no staffing cuts be made in Code Enforcement.
Commissioner Tilmann announced that the Council of Governments next meeting is April 19, 2006, at 7:00 p.m., at Coe Township Hall.
Public Comment on Agenda and Non-agenda Items
Lois Breidenstein, owner of The Bird Bar & Grill, 223 S. Main, and Steiner's Pizza Planet, 221 S. Main, requested a status report on the Borden building project.
Michael Huckleberry, 1738 Vining Rd., Greenville, MI, introduced himself as a Congressional candidate.
The meeting recessed at 7:39 p.m. and reconvened at 7:43 p.m.
The City Commission went into closed session at 7:43 p.m. and back into regular session at 8:21 p.m. A separate set of minutes was taken for the closed session.
Moved by Vice Mayor Spycher and supported by Commissioner Tilmann to approve a MERS retirement window for AFSCME Local 1606 employees, from April 1, 2006 to June 30, 2006, who have thirty years of service and are 50 years of age, and authorize the City Manager to enter into a separation agreement with affected employees. Motion unanimously adopted.
Moved by Commissioner Joslin and supported by Commissioner Tilmann that the meeting adjourn at 8:23 p.m. Motion unanimously adopted.
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Cynthia Bradley Kilmer, Mayor Robert J. Flynn, City Clerk