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Minutes of the regular meeting of the City Commission held Monday, March 13, 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: Commissioner Miller (excused)
Others Present: City Manager Preston, City Clerk Flynn and City Attorney Martineau
Mayor Bradley Kilmer proclaimed March 30 through April 9, 2006 as "Central Michigan International Film Festival Days" and presented the proclamation to Mark Poindexter, from the Broadcast and Cinematic Arts Department at C.M.U.
Commissioner Bissell requested to go into closed session to consider purchasing or leasing real property. This item was placed as #28 on the agenda.
Received the following communications and petitions:
1. City Manager Preston's notice of intent to retire, on or about June 30, 2006.
2. Notice from the Liquor Control Commission of application from New
Century Retail, Inc., for a new SDM license to be located at 222 S. Washington Street.
3. Letter from John Bradac, 1106 Country Way, thanking DPW staff for their
assistance and the Commission for various services that are extended to City residents.
4. Airport Advisory Board Minutes (December, February)
5. Charter Township of Union Board of Trustees Minutes (January, February)
6. Charter Township of Union Planning Commission Minutes (January,
February)
7. Mt. Pleasant Police Department Annual Report (2005). Director of Public
Safety Yeagley was praised for the Annual Report.
8. Parks and Recreation Commission Minutes (January)
9. Planning Commission Minutes (February)
10. Wastewater Treatment Plant (February)
11. Water Department (February)
Moved by Commissioner Moreno and supported by Commissioner Tilmann to approve the following items on the Consent Calendar:
1. Sanitary Sewer House Lead Reconnection Policy.
2. Amendment to the housing licensing fee schedule, adopted December 12, 2005 and effective July 1, 2006, by eliminating from the fee schedule the first re-inspection fee for any non-compliance item(s) from the fee schedule.
3. WHEREAS, Article XII, Section 4 “Municipal Utilities”, of the Charter of the City of Mt. Pleasant, requires that all unpaid utility services be reported by the City Manager to the 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, 2006, will be assessed upon city tax rolls against the property to which the utility services have been supplied or furnished.
4. Amendment to the contract with Habitat for Humanity of Isabella County to repay their remaining $42,000 HoDAG loan balance by paying $1,000 per month for 42 months at 2% interest, and authorize the Mayor and City Clerk to execute the contract.
5. Contract with Central Michigan University to have the Mt. Pleasant Fire
Department provide confined space rescue team service for C.M.U.,
and authorize the Mayor and City Clerk to execute the contract.
6. Postponed indefinitely the proposed amendment to Chapter 50: "Solid Wastes" of the Code of Ordinances, §50.12 "Material Collection Licenses", regarding collection times for commercial dumpsters.
7. Payrolls dated March 10, 2006, check numbers 53682-53893, and warrants
dated March 2, 2006, dated 51639-51804, all totaling $940,022.69.
Motion unanimously adopted.
Moved by Commissioner Tilmann and supported by Commissioner Moreno to approve the minutes of the regular meeting held February 27, 2006. Motion unanimously adopted.
Moved by Vice Mayor Spycher and supported by Commissioner Joslin to amend the approved minutes of the regular meeting held December 12, 2005, by adding the following omitted resolution:
WHEREAS, the Freedom of Information Act provides for public
access to certain public records of public bodies and to permit
certain fees;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to
Section 15.234 of the Freedom of Information Act, the City
Commission hereby approves a $3.00 fee for the first page copied
and 25 cents per page thereafter.
Motion unanimously adopted.
Moved by Commissioner Tilmann and supported by Vice Mayor Spycher to rescind Special Assessment District No. 9-05, funding for parking maintenance and downtown promotion activities in the Principal Shopping District, approved by the City Commission on November 12, 2005. Motion unanimously adopted.
The following Resolution No. 1 was offered by Commissioner Joslin and supported by Commissioner Bissell:
WHEREAS, pursuant to provisions of the City Charter of the City of Mt. Pleasant; Chapter 33: TAXATION, Section 33.17 "Authority to Assess", of the Code of Ordinances, and Public Act 120 of 1961 "Redevelopment of Shopping Areas", the City Commission of the City of Mt. Pleasant may commence proceedings to provide funding for the operations of the Principal Shopping District within the City and determine the tentative necessity thereof,
AND, WHEREAS, the City Commission has tentatively deemed it to be in the public's interest, health and welfare to provide funding for the operations of the Principal Shopping District in the City, Special Assessment District No. 1-06.
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. The City Manager is directed to cause to be prepared a report which shall include all analysis and information required by Section 33.20 "Survey and Report", of the Code of Ordinances,
2. When the aforesaid report is completed, the City Manager shall file the same with the City Clerk for presentation to the Commission.
3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are and the same hereby are rescinded.
AYES: Commissioners Bissell, Bradley Kilmer, Joslin, Moreno, Spycher and Tilmann
NAYS: None
ABSENT: Commissioner Miller
Resolution adopted.
The following Resolution No. 2 was offered by Commissioner Joslin and supported by Commissioner Bissell:
WHEREAS, the City Manager has prepared a report concerning funding for the Principal Shopping District in Special Assessment District No. 1-06, which includes all of the information to be included by Section 33.20 "Survey and Report" of the City's Code of Ordinances;
AND, WHEREAS, the City Commission has reviewed said report;
AND, WHEREAS, the City Commission of the City of Mt. Pleasant determines that it is tentatively necessary to provide funding for the Principal Shopping District in the City of Mt. Pleasant more particularly hereinafter described in this resolution;
NOW, THEREFORE, BE IT RESOLVED, THAT:
1. The City Commission hereby tentatively determines that providing funding for the Principal Shopping District described more particularly hereinafter provided for are necessary.
2. The total funding for the Principal Shopping District for the year is estimated 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.
3. Said special assessment district shall consist of 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 and amended at the November 14, 2005 meeting.
4. The duration of the special assessment shall be one year.
5. The affected properties in the special assessment district shall be assessed in accordance with the relative portion of the sum to be levied in the district, as the benefit to the parcel of land bears to the total benefit to all parcels.
6. The aforesaid report shall be placed on file in the office of the City Clerk where the same shall be available for public examination.
7. The City Commission shall meet on April 10, 2006, at 7:00 p.m., Daylight Savings Time, in the City Commission Room, City Hall, 401 N. Main Street, for the purpose of hearing objections to providing funding to the "Principal Shopping District".
8. The City Clerk is hereby directed to cause notice of said hearing to be published and mailed in accordance with applicable statutory and ordinance provisions.
9. All resolutions and parts of resolutions conflicting with the provisions of this resolution are hereby rescinded.
AYES: Commissioners Bissell, Bradley Kilmer, Joslin, Moreno, Spycher and Tilmann
NAYS: None
ABSENT: Commissioner Miller
Resolution adopted.
Received the City's requests for Saginaw Chippewa Indian Tribe two percent allocations for Spring 2006. Commissioners will bring their top five choices to the City Commission meeting on March 20th. Commissioner Joslin requested a two percent allocation form be prepared for the Borden Building project.
Moved by Commissioner Moreno and supported by Commissioner Joslin to concur with the Appointments Committee and appoint Ron Roby to the Historic District Commission for the term ending January 31, 2007. Motion unanimously adopted.
Commissioners received the Appointments Committee's recommendation regarding committee rules.
Moved by Commissioner Moreno and supported by Commissioner Tilmann to reschedule the March 27, 2006 regular City Commission meeting to 7:00 p.m., Monday, March 20, 2006. Motion unanimously adopted.
Moved by Commissioner Tilmann and supported by Commissioner Joslin to go into closed session, following regular session, to discuss pending litigation.
AYES: Commissioners Bissell, Bradley Kilmer, Joslin, Moreno, Spycher and Tilmann
NAYS: None
ABSENT: Commissioner Miller
Resolution adopted.
Moved by Commissioner Bissell and supported by Vice Mayor Spycher to go into closed session, following regular session, to consider the acquisition or lease of real property.
AYES: Commissioners Bissell, Bradley Kilmer, Joslin, Moreno, Spycher and Tilmann
NAYS: None
ABSENT: Commissioner Miller
Resolution adopted.
Moved by Commissioner Moreno and supported by Commissioner Tilmann to authorize an agreement with Lapham and Associates, Mt. Pleasant, MI, to perform engineering and survey work on the Borden Building site, with $9,800 of the $12,700 total cost being covered by a MDEQ grant, and authorize the Mayor and City Clerk to execute the contract. Motion unanimously adopted.
Announcements on City-related Issues and Concerns
Commissioner Moreno discussed problems with televised City meetings. City Manager Preston explained that the mechanical problems are being resolved. Commissioner Moreno also announced that a peace rally will be held in the Town Center at 3:00 p.m., March 19, 2006.
Commissioner Joslin questioned why the video tape of City Commission meetings is being televised only one time. Kathie Grinzinger, Assistant City Manager/Director of Community Services, explained that only one deck is currently being used and additional equipment is being purchased.
City Manager Preston announced the "Traffic Access Management" plan will be discussed at public forums on April 6, 2006, from 3:30 p.m.-5:00 p.m., and 5:00 p.m. – 6:45 p.m., at City Hall.
The meeting recessed at 7:32 p.m. and reconvened at 7:38 p.m.
The City Commission went into closed session from 7:38 p.m.-7:45 p.m. to discuss pending litigation. A separate set of minutes was taken for the closed session.
The City Commission went into closed session from 7:46 p.m.-8:08 p.m. to discuss property acquisition or lease, and back into regular session for adjournment. A separate set of minutes was taken for the closed session.
Moved by Vice Mayor Spycher and supported by Commissioner Joslin that the meeting adjourn at 8:11 p.m. Motion unanimously adopted.
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Cynthia Bradley Kilmer, Mayor Robert J. Flynn, City Clerk