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Minutes of the regular meeting of the City Commission held Monday, October 9, 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
Additions to Agenda
Moved by Commissioner Moreno and supported by Commissioner Tilmann to add number 16.5 “Peerless Contract” to the agenda. Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Commissioner Tilmann to add number 17 “Planning Commission/ZBA Appointment Process” to the agenda.
AYES: Commissioners Bradley Kilmer, Bissell, Holton, Moreno, Spycher and Tilmann
NAYS: Commissioner Joslin
ABSENT: None
Motion carried.
Moved by Commissioner Joslin and supported by Commissioner Holton to add number 18 “Downtown Parking Changes” to the agenda.
AYES: Commissioners Bissell, Holton and Joslin
NAYS: Commissioners Bradley Kilmer, Moreno, Spycher and Tilmann
ABSENT: None
Motion failed.
Received the following communications and petitions:
1. Parks and Recreation Commission Minutes (July)
2. Property Committee Meeting Summary (September 29, 2006)
3. Street Department and Motor Pool (August)
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 September 25, 2006, and the closed session held September 25, 2006.
2. Bid from Heritage Fencing and Vinyl Products of St. Louis, Michigan in the amount of $26,270.00 to construct new backstops, fencing and chain link dugouts on two baseball fields at Pickens Field.
3. Change order for the airport taxi/apron expansion project in the amount of $23,725.
4. Approval of a loan to Larrabee’s Family Restaurant in the amount of $5,000 Working Capital Loan from the CBD-TIFA Revolving Loan Fund.
5. Set public hearing on the Proposed 2007 Operating Budget for November 13, 2006.
6. WHEREAS, under the date of June 13, 2006, the Traffic Engineer of the City of Mt. Pleasant issued temporary traffic control order No. 4-06 (Replace “NO PARKING” signs with “ LOADING ZONE” signs in the alleys in the Central Business District.) Said temporary traffic control order was presented to the City Commission on October 9, 2006, for review and after reviewing said temporary traffic control order and being fully advised in the premises,
BE IT RESOLVED, that the City Commission approves making temporary traffic control order No. 4-06 a permanent traffic control order.
7. Payrolls dated September 22, 2006, check numbers 057330-057578; and warrants dated September 28, 2006, check numbers 054248-054427 all totaling $1,582,785.81.
Motion unanimously adopted.
A public hearing was held on a Brownfield Redevelopment Plan for property located at 320 West Broadway Street. There being no public comment, the Mayor closed the public hearing.
Moved by Commissioner Holton and supported by Commissioner Tilmann to approve the Brownfield Redevelopment Plan for 320 West Broadway Street, Mt. Pleasant. Motion unanimously adopted.
A public hearing was held on a Brownfield Redevelopment Plan for property located at 315 and 333-335 May Street. There being no public comment, the Mayor closed the public hearing.
Moved by Commissioner Moreno and supported by Vice Mayor Spycher to approve the Brownfield Redevelopment Plan for 315 and 333-335 May Street. Commissioner Joslin advised the Commission that he would be abstaining.
AYES: Commissioners Bradley Kilmer, Bissell, Holton, Moreno, and Spycher
NAYS: Commissioner Tilmann
OBSTAINED: Commissioner Joslin
ABSENT: None
Motion carried.
A public hearing was held on a Brownfield Redevelopment Plan for property located at 201 South University Avenue. Mr. Jim Tischler, representing the property owner, spoke in favor of the plan. There being no other public comment, the Mayor closed the public hearing.
Moved by Commissioner Moreno and supported by Commissioner Holton to approve the Brownfield Redevelopment Plan for 201 South University Avenue. Motion unanimously adopted.
A public hearing was held on proposed amendment to Chapter 71, Parking Regulations, §71.27, Parking Prohibited From 2:00 A.M. – 5:00 A.M. Mr. Aaron Romoslawski, CMU Student Government representative, gave suggestions on parking for the downtown to the City Commission. There being no other public comment, the Mayor closed the public hearing.
Moved by Commissioner Moreno and supported by Mayor Bradley Kilmer to amend Chapter 71, Parking Regulations, §71.27, Parking Prohibited subsection (B) to restrict parking from 4:00 A.M. – 6:00 A.M. in the area between Mosher, Broadway, Court and Main Streets as well as Jockey Alley.
AYES: Commissioners Bradley Kilmer, Moreno and Tilmann
NAYS: Commissioners Bissell, Holton, Joslin and Spycher
ABSENT: None
Motion defeated.
Moved by Commissioner Bissell and supported by Vice Mayor Spycher to amend Chapter 71, Parking Regulations, §71.27, Parking Prohibited subsection (B) to restrict parking from 4:00 A.M. – 6:00 A.M. in the area between Mosher/Broadway, Illinois, Lansing, and Pine Streets.
AYES: Commissioners Bissell, Joslin, Moreno and Spycher
NAYS: Commissioners Bradley Kilmer, Holton and Tilmann
ABSENT: None
Motion carried.
A public hearing was held on the application from the Revolving Loan Fund for The Wildlife Gallery. There being no public comment, the Mayor closed the public hearing.
Moved by Commissioner Holton and supported by Commissioner Moreno to approve The Wildlife Gallery’s application for Revolving Loan Fund in the amount of $100,000.00, with a seven-year payback at five percent interest per annum.
AYES: Commissioners Bradley Kilmer, Bissell, Holton, Moreno, Spycher and Tilmann
NAYS: Commissioner Joslin
ABSENT: None
Motion carried.
Moved by Commissioner Moreno and supported by Mayor Bradley Kilmer to authorize the allocation of $200,000 to match funds if received from the W.K. Kellogg Foundation to construct an addition to the Riverwalk Trail. Motion unanimously adopted.
Moved by Vice Mayor Spycher and supported by Commissioner Tilmann to grant an OPRA Exemption Certificate on the building at 201 South University for a period of five years after construction is complete.
AYES: Commissioners Bradley Kilmer, Moreno, and Spycher
NAYS: Commissioners Bissell, Holton, Joslin and Tilmann
ABSENT: None
Motion defeated.
Moved by Commissioner Holton and supported by Commissioner Tilmann to authorize City officials to submit the 381 Non-Environmental Work Plan for the Borden Project. Motion unanimously adopted.
Moved by Commissioner Joslin and supported by Vice Mayor Spycher to go into closed session to receive legal opinion.
AYES: Commissioners Bradley Kilmer, Bissell, Joslin, Moreno, Spycher and Tilmann
NAYS: Commissioner Holton
ABSENT: None
Motion carried.
Moved by Commissioner Holton and supported by Commissioner Moreno to approve the extension of an agreement with Peerless Environmental Services of Saginaw, Michigan in the amount $61,725 to do more extensive environmental testing and work plans at the Borden site. Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Commissioner Tilmann to rescind previous action regarding Planning Commission appointment to ZBA. Motion unanimously adopted. The Commission sent this issue to the Appointments Committee for review and proposal.
Announcements on City-related Issues and Concerns
1. Vice Mayor Spycher announced experience of visit to State Supreme Court.
2. Commissioner Moreno praised many communities being involved in Supreme Court decisions.
3. Commissioner Tilmann thanked RIC for Legislative Breakfast and their efforts in the community. She also asked that concerns over Master Plan and City aesthetics be addressed with the Planning Commission and ZBA.
4. Commissioner Joslin suggested a follow-up meeting with the Planning Commission on the issue of Broomfield and Crawford Road zoning.
5. Mayor Bradley Kilmer announced dates for the Haunted Forest; trick or treat tips and praised the Fire Department on their recent open house.
Public Comment on Agenda and Non-Agenda Items
1. Bruce Kilmer introduced himself as a City Commission candidate and announced League of Women Voter panel for October 19, 2006.
2. Brenda Upton, Director of Commission on Aging presented information on up-coming millage request.
3. James Tischler, representing the property owner for 201 South University spoke on the OPRA request for 201 South University.
Moved by Commissioner Tilmann and supported by Mayor Bradley Kilmer to reconsider previous action regarding OPRA Exemption Certificate for 201 South University.
AYES: Commissioners Bradley Kilmer, Moreno, Spycher and Tilmann
NAYS: Commissioners Bissell, Holton and Joslin
ABSENT: None
Motion carried.
Moved by Commissioner Moreno and supported by Vice Mayor Spycher to approve OPRA Exemption Certificate for 201 South University Avenue.
AYES: Commissioners Bradley Kilmer, Moreno, Spycher and Tilmann
NAYS: Commissioners Bissell, Holton and Joslin
ABSENT: None
Motion carried.
The following resolution was offered by Commissioner Tilmann and supported by Vice Mayor Spycher:
WHEREAS, the City of Mount Pleasant has been deemed a Qualified Local Government Unit, according to Section 2(k) of PA 146 of 2000; and
WHEREAS, pursuant to PA 146 of 2000, after a duly noticed public hearing held on July 24, 2006, the City Commission on its own initiative by resolution established the Obsolete Property Rehabilitation District No. 2 and said district has been deemed an obsolete property according to PA 146 of 2000; and
WHEREAS, Ronan Psychological Associates has filed an application for an Obsolete Property Rehabilitation Certificate with respect to the rehabilitation of facilities located in the Obsolete Property Rehabilitation District No. 2; and
WHEREAS, before acting on said application, the City Commission held a public hearing on September 25, 2006 at the City Commission Chamber, Mount Pleasant City Hall at 7:00 p.m. at which hearing the applicant, City Assessor, and a representative of the affected taxing units, having been given written notice, were afforded an opportunity to be heard on said application; and
WHEREAS, the rehabilitation of the facility had not occurred before the establishment of the Obsolete Property Rehabilitation District No. 2 on July 24, 2006; and
WHEREAS, the aggregate Taxable Value of real and personal property exempt from ad valorem taxes within the City of Mount Pleasant, after granting this certificate, will not exceed 5% of an amount equal to the sum of the Taxable Value of the unit, plus the Taxable Value of personal and real property thus exempted; and
WHEREAS, the applicant, Ronan Psychological Associates, is not delinquent in any taxes related to the facility; and
WHEREAS, the City of Mount Pleasant has been supplied with the following: a description of the facility; a description of the proposed use; a work-plan for the rehabilitation; a list of the fixed building equipment that will be a part of the rehabilitated facility; and a time schedule for the rehabilitation; and a statement of the economic advantages of the rehabilitation of the facility; and
WHEREAS, the scope of rehabilitation as stated in the above documents includes improvements aggregating 10% or more of the True Cash Value of the property at commencement of the rehabilitation; and
WHEREAS, upon completion of said rehabilitation there is a reasonable likelihood that one of the following will occur: increase commercial activity, create employment, retain reemployment, prevent loss of employment, revitalize urban area, or increase the number of residents in the community in which the facility is situated; and
NOW, THEREFORE, BE IT RESOLVED BY the City Commission of the City of Mount Pleasant:
1. The City Commission finds and determines that the granting of the Obsolete Property Rehabilitation Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974, Act No. 255 of the Public Acts of 1978 and Act No 146 of the Public Acts of 2000, shall not have the effect of substantially impeding the operation of the City of Mount Pleasant, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the City of Mount Pleasant.
2. The application of Ronan Psychological Associates for an Obsolete Property Rehabilitation Certificate with respect to the rehabilitation of facilities located on the following described parcel of real property situated within the Obsolete Property Rehabilitation District No. 2 at 201 South University Avenue, Mount Pleasant, Michigan, to wit:
“Original Plat Lot 5 & 6, Block 23 and the North 8 ft of Lot 7 Block 23”. Parcel Identification Number is 17-000-00395-00. This district to be known as “Obsolete Property Rehabilitation District No. 2”.
be and the same is hereby approved.
3. The Obsolete Property Rehabilitation Certificate when issued shall be and remain in force and effect for a period of five (5) years after completion. The rehabilitation project shall be completed by April 30, 2007.
AYES: Commissioners Bradley Kilmer, Moreno, Spycher and Tilmann
NAYS: Commissioners Bissell, Holton and Joslin
ABSENT:
Resolution declared adopted.
Continuation of Public Comment
1. Ryan Larrabee, 105 E. Broadway asked the Commission again to reconsider the quota for a liquor license downtown.
2. James Tischler thanked the Commission for their approval of the OPRA at 201 S. University Ave.
3. Robert Bucholtz, 1037 S. Fancher asked the Commission to continue to think about community and neighborhoods.
4. Steven Scherer, 802 S. University Ave. spoke about aesthetics of neighborhoods and using Ann Arbor as an example.
City Commission recessed at 9:26 p.m.
The City Commission went into closed session at 9:33 p.m. and back into regular session at 10:16 p.m. A separate set of minutes was taken for the closed session.
Moved by Commissioner Holton and supported by Commissioner Tilmann that the meeting adjourn at 10:17 p.m. Motion unanimously adopted.
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Cynthia Bradley Kilmer, Mayor Robert J. Flynn, City Clerk