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Minutes of the regular meeting of the City Commission held Monday, November 27, 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, Holton, Joslin, Moreno and Tilmann
Commissioners Absent: None
Others Present: City Manager Grinzinger, City Clerk Flynn and City Attorney Romashko
Public Input on Agenda:
Jack Westbrook, 501 N. Fancher St. spoke on community’s history of buildings and the need to save the Borden Building.
Rick Swindlehurst, 106 Court St. spoke about his renovation project at 106-107 Court St.
Received the following communications and petitions:
1. Planning Commission Minutes (October)
2. Property Committee Minutes (November 13)
3. City Manager’s Status Report (November)
Moved by Commissioner Holton and supported by Commissioner Moreno to approve the following items on the Consent Calendar:
1. Minutes of the regular meeting held November 13, 2006, and the closed session held November 13, 2006.
2. Site agreements with Nextel West Corporation: one short-term site agreement for space in Parking Lot #10, for Cell On Wheels (COW); the second, longer-term site agreement for space atop Riverview apartments that requires the City Manager and City Attorney to continue negotiations to reach an acceptable agreement.
3. Acceptance of Batson Place and Somerset Drive into the City street system:
BATSON PLACE RESOLUTION
WHEREAS: the City of Mt. Pleasant did acquire land for residential growth and street purposes in 1991, and the street was constructed in 2006, and
WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said street within the street system for the purpose of obtaining funds under Act 51, Public Act 1951; and
WHEREAS, the street has been constructed and is open for use;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The street center line is described as follows:
Beginning at a point on the North-South ¼ Line of Section 23, T14N-R4E, City of Mt. Pleasant, Isabella County, Michigan that is 229l.35 feet, N 00 17’38”E from the S ¼ Corner of said Section 23: thence on a curve to the right radius of 280 feet, long chord bearing and distance of S80 29’ 56”E, 91.64 feet, thence on a curve to the left radius of 280 feet, Chord bearing and distance of S80 29’ 57”E, 91.65 feet, thence S89 55’07”E 430 feet, thence north 3 feet (to adjust centerline from 60 ft to 66 ft right-of-way, not street length), thence N87 09’18”E, 97.34 feet, thence N89 41’ 16”E, 494 to the end of a cul-de-sac of 65’ radius for a point of ending. Center Line length of 1205.47 feet.
Written from available records.
2. That the street be named Batson Place.
3. That the street is located within a city right-of-way and is under the control of the City of Mt. Pleasant.
4. That said street is a public street and is for public street purposes.
5. That said street is accepted into the City’s street system.
SOMERSET DRIVE RESOLUTION
WHEREAS: the City of Mt. Pleasant did acquire land for residential growth and street purposes in 1991, and the street was constructed in 2006, and
WHEREAS, it is necessary to furnish certain information to the State of Michigan to place said street within the street system for the purpose of obtaining funds under Act 51, Public Act 1951; and
WHEREAS, the street has been constructed and is open for use;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The street center line is described as follows:
Commencing at the S ¼ Corner of Section 23, T14N-R4E, City of Mt. Pleasant, Isabella County, Michigan; then N 00 17’38”E, along the North-South ¼ Line of said Section 23, 229l.35 feet to the centerline of Batson Place so-called and along said centerline on a curve to the right radius of 280 feet, long chord bearing and distance of S80 29’ 56”E, 91.64 feet, and on a curve to the left radius of 280 feet, chord bearing and distance of S80 29’ 57”E, 91.65 feet, thence S89 55’07”E 361.05 feet to the Point of Beginning; thence S00 06’ 15”W 338.83 feet to the centerline of Eastpointe Drive so-called for a point of ending.
Center line length of 338.83 feet.
Written from available records.
2. That the street be named Somerset Drive.
3. That the street is located within a city right-of-way and is under the control of the City of Mt. Pleasant.
4. That said street is a public street and is for public street purposes.
5. That said street is accepted into the City’s street system.
4. Payrolls dated November 17, 2006, check numbers 058040-058312; and warrants dated November 22, 2006 check numbers 055014-055200 all totaling $875,688.35.
Motion unanimously adopted.
A public hearing was held on the necessity of Principal Shopping District activities for Special Assessment District 1-07. The following comments and communications were received;
1. Fred Brownell, Treasurer Broadway Theater spoke against assessment to the theater;
2. David McGuire, 416 S. Washington discussed current assessment CAP, equitable parking credit calculations and Borden Building parking credits;
3. Rick Swindlehurst, 110 W. Michigan explained DDB review of the parking assessment; and
4. Phil Mikus, Chairperson of Friends of the Broadway asked the Commission to reconsider the current CAP on nonprofit entities.
5. Received a letter from David McGuire protesting his assessments.
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 the Principal Shopping District hereinafter described;
AND, WHEREAS, the City Commission deems it advisable and necessary to proceed with Special Assessment No. 1-07.
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. 1-07.
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 $362,400. $172,000 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. $190,400 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.
AYES: Commissioners Bissell, Joslin, Moreno, Spycher and Tilmann
NAYS: Commissioners Bradley Kilmer and Holton
ABSENT: None
Resolution 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. 1-07 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 December 11, 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.
AYES: Commissioners Bissell, Joslin, Moreno, Spycher and Tilmann
NAYS: Commissioners Bradley Kilmer and Holton
ABSENT: None
Resolution adopted.
A public hearing was held on designation of zoning for property in the 425 Agreement on North Fancher Street at Industrial Avenue. There being no public comment or communications received the Mayor closed the hearing.
Moved by Commissioner Holton and supported by Commissioner Tilmann to approve the proposed zoning designation of OS-1 Office Service District for property in the 425 Agreement on North Fancher Street at Industrial Avenue. Motion unanimously adopted.
A public hearing was held on the proposed Zoning Ordinance amendment to permit conditional rezoning. There being no public comment or communications received the Mayor closed the hearing.
Moved by Commissioner Holton and supported by Commissioner Joslin to approve the Zoning Ordinance amendment permitting conditional rezoning. Discussion ensued.
Moved by Commissioner Moreno and supported by Commissioner Tilmann to postpone action on the Zoning Ordinance amendment to permit conditional rezoning until the February 26, 2007 meeting. Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Commissioner Bissell to approve the request by Richli, Inc. to “enlarge the existing outdoor service area held in conjunction with the 2006 Class C-SDM license” as regulated by the LLC. Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Commissioner Holton to approve the amendment of the license granted to Shabooms under the Sidewalk License Policy for Food and Alcohol Service to include the new sidewalk area in front of the newly-renovated “Blue Gator Pub”. Motion unanimously adopted.
Moved by Vice-Mayor Spycher and supported by Commissioner Holton to authorize the Mayor and Clerk to enter into a one-year listing agreement with Broadway Realty for the marketing and sale of the vacant lots in Eastpointe IV. Motion unanimously adopted.
Moved by Commissioner Joslin and supported by Commissioner Tilmann to authorize the Mayor and Clerk to execute a design contract with M.C. Smith and Associates for expansion of the downtown streetscape for an amount not to exceed $31,390.
AYES: Commissioners Bradley Kilmer, Bissell, Joslin, Moreno, Spycher and Tilmann
NAYS: Commissioner Holton
ABSENT: None
Motion carried.
Announcements on City-related Issues and Concerns
1. Commissioner Moreno announced that a rally will be held at the State Capitol on Tuesday at 12:00 regarding Telecommunication Bill.
2. Commissioner Tilmann commended CMU President Rao for his commitment to diversity.
3. Commissioner Joslin asked what services the City is currently providing Union Township under the Fire Contract; and also announced Dickens Christmas Downtown Friday and Saturday, December 1st and 2nd .
4. Mayor Bradley Kilmer commended Clerk Flynn for his election to the Michigan Association of Municipal Clerks (MAMC).
Public Comment on Agenda and Non-Agenda Items
Ryan Larabee, 105 E. Broadway thanked the City for recent correspondence and asked the Commission to continue to look at the downtown liquor license issue.
Moved by Commissioner Holton and supported by Commissioner Tilmann that the meeting adjourn at 8:08 p.m. Motion unanimously adopted.
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Cynthia Bradley Kilmer, Mayor Robert J. Flynn, City Clerk