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Minutes of the regular meeting of the City Commission held Monday, October 23, 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 Items
1. Aaron Romoslawski, CMU student government representative asked that the City Commission consider specific lots downtown for students to park overnight.
2. Rick Swindlehurst, 110 W. Michigan asked the City Commission to consider adopting all the parking recommendations for downtown.
Received the following communications and petitions:
1. Historic District Commission Minutes (October)
2. Investment Report (Third Quarter)
3. Planning Commission (September)
4. Street Department and Motor Pool (September)
5. Wastewater Treatment Plant (September)
6. Water Department (September)
7. City Manager’s Status Report
City Clerk Flynn presented information on the write-in process for the upcoming election.
Moved by Commissioner Holton and supported by Commissioner Tilmann to approve the following items on the Consent Calendar:
1. Minutes of the regular meeting held October 9, 2006, and the closed session held October 9, 2006, and the special meeting on October 10, 2006.
2. One-year extension of the contract with Mt. Pleasant Excavating Services, Inc. for snow removal at the Mt. Pleasant Municipal Airport. Contract prices to be as follows:
Plow truck and operator $50.00/hr.
Front-end loader and operator $65.00/hr.
Grader and operator $65.00/hr.
Backhoe and operator $60.00/hr.
3. WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the Employer desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held in such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans:
NOW, THEREFORE, BE IT RESOLVED that the Employer hereby establishes or has established a money purchase retirement plan (the “Plan”) in the form of: The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement.
The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of the Vantage Trust, and attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the Vantage Trust.
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the Vantage Trust; and
BE IT FURTHER RESOLVED that the Deputy Finance Director shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the Vantage Trust; shall cast, on behalf of the Employer, any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments; and
BE IT FURTHER RESOLVED that the Employer hereby authorizes the Deputy Finance Director to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan.
4. Set public hearing for November 13, 2006 on proposed Historic District Ordinance.
5. Payrolls dated October 20, 2006, check numbers 057582-057814; and warrants dated October 12, 2006, check numbers 054428-054650 all totaling $976,355.12
Motion unanimously adopted.
A public hearing was held on a proposed text amendment to the Zoning Ordinance, Section 154.020 Accessory Building And Structures, (B)(1) Density. There being no public comment, the Mayor closed the public hearing.
Moved by Commissioner Holton and supported by Commissioner Tilmann to adopt the Zoning Ordinance text amendment as follows:
(B) The following regulations shall apply where accessory buildings and structures are permitted:
(1) Density. In all residential districts, accessory buildings shall not occupy more than 10% of the lot area; however, in R-3 and R-4 districts where principal buildings are present, accessory buildings up to 440 square feet in size will be permitted, provided all yard and setback requirements are met and the square footage of the accessory buildings do not exceed 60% of the usable square footage of the principal building on the lot. The maximum percent impervious surface coverage in all R districts shall be 40%.
Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Vice Mayor Spycher to approve the recommendation from the Appointments Committee for appointments to the Planning Commission.
Term To Expire
PLANNING COMMISSION
Timothy R. Wolff January 31, 2009
Motion unanimously adopted.
Moved by Commissioner Moreno and supported by Commissioner Tilmann to approve the agreement between the City of Mt. Pleasant and the Mt. Pleasant Lions Club and authorize the Mayor and City Clerk to sign same. Vice Mayor Spycher acknowledged that he would be abstaining due to conflict of interest, as he is a member of the Lions Club.
AYES: Commissioners Bradley-Kilmer, Bissell, Joslin, Holton, Moreno and Tilmann
NAYS: None
ABSENT: None
Abstained: Commissioner Spycher
Motion carried.
Moved by Commissioner Holton and supported by Commissioner Joslin to make the following changes within the Central Business District Public Parking System:
1. Reduce “Taxi Parking” spots from five to three; and
2. Add “Motorcycle/Scooter” parking spots near intersections as appropriate.
Motion unanimously adopted.
Moved by Commissioner Holton and supported by Commissioner Tilmann to add 39 permit parking spots in Lot 1 within the Central Business District Public Parking System. Motion unanimously adopted.
Moved by Commissioner Holton and supported by Commissioner Tilmann to change Lot 10 within the Central Business District Public Parking System from a permit lot to a 10-hour lot.
AYES: Commissioners Bissell, Joslin, Holton, Moreno, Spycher and Tilmann
NAYS: Commissioner Bradley-Kilmer
ABSENT: None
Motion carried.
Moved by Commissioner Holton and supported by Commissioner Moreno to change Lots 3, 4, 5 and 6 within the Central Business District Public Parking System to 10-hour and overnight parking.
AYES: Commissioners Bissell, Joslin, Holton, Moreno, Spycher and Tilmann
NAYS: Commissioner Bradley-Kilmer
ABSENT: None
Motion carried.
The following Resolution was offered by Commissioner Moreno and supported by Commissioner Tilmann to approve the Resolution In Opposition To House Bill 6456 (H-2), Cable Franchise Legislation.
RESOLUTION
WHEREAS, the City of Mt. Pleasant has been served by cable television providers under local franchise arrangements for years; and
WHEREAS, the City of Mt. Pleasant is ready and willing to promptly negotiate local cable franchise agreements with additional providers to permit fair competition in, and improved services to, our community; and
WHEREAS, the City of Mt. Pleasant does NOT support House Bill 6456, commonly referred to as the "Uniform Video Services Local Franchise Act", as written; and
WHEREAS, the City of Mt. Pleasant does not support the bill due to current language which would:
1.) Allow any cable company to terminate their franchise contracts at any time.
2.) Permit any cable provider to selectively “cherry-pick” areas where they want to provide service.
3.) Create negative revenue impacts for local communities estimated at $47-$57 million. Mt. Pleasant’s loss would top $100,000 in cable franchise fees, and could jeopardize Metro Act funds as well. The Mid-Michigan Cable Consortium’s total loss could exceed $200,000 each year, and would put an end to Public Access programming for three counties.
4.) Remove the authority of local communities to manage community public rights-of-way and eliminate local emergency alert systems, which significantly erodes local control of publicly-managed rights-of-way and eliminates a critical method of keeping our citizens safe during times of emergency.
5.) Eliminate or cut back community, school and public access television due to revenue and in-kind service reductions. There are also several provisions that will increase operating costs on these facilities; and
WHEREAS, HB 6456 will erode local control of local issues,
NOW, THEREFORE, BE IT RESOLVED, that the City of Mt. Pleasant is opposed to HB 6456; and
BE IT FURTHER RESOLVED that the City of Mt. Pleasant requests that Governor Granholm, State Representative Caul and State Senator Cropsey oppose HB6456 in order to save our citizens from the consequences outlined above; and
BE IT FURTHER RESOLVED that City of Mt. Pleasant requests all other representatives of the Michigan State Legislature to vote against HB 6456.
Resolution unanimously adopted.
Moved by Commissioner Holton and supported by Commissioner Tilmann to approve an extension of contingency items 10d and 10e in the Purchase Agreement signed by the City and J.E. Johnson until January 15, 2007, and authorized the Mayor and Clerk to execute an agreement for same.
AYES: Commissioners Bradley-Kilmer, Joslin, Holton, Moreno, Spycher and Tilmann NAYS: Commissioner Bissell
ABSENT: None
Motion carried.
Moved by Vice Mayor Spycher and supported by Commissioner Moreno to authorize the Mayor and City Clerk to sign the Employment Agreement for Kathie S. Grinzinger as City Manager. Motion unanimously adopted.
Announcements on City-related Issues and Concerns
1. Commissioner Moreno praised MAC 3 T.V. for recent awards.
2. Commissioner Tilmann congratulated MAC 3 T.V. on their awards; Parking Study Committee members for their efforts; and those members who prepared the Historic District study report.
3. Mayor Bradley-Kilmer announced upcoming Haunted Forest schedule.
Public Comment on Agenda and Non-Agenda Items
1. Bruce Kilmer introduced himself as a candidate for City Commissioner and announced SWAN Neighborhood Candidate Forum for Thursday night at 7:00 p.m. at the Presbyterian Church.
2. Rick Swindlehurst, 110 W. Michigan thanked the Commission for accepting parking recommendations for downtown.
3. Ryan Larrabee, 105 E. Broadway asked the Commission to reconsider discussing the liquor quota license for downtown.
City Commission recessed at 8:22 p.m.
City Commission reconvened at 8:34 p.m.
Work Session
Finance Director Ridley presented to the Commission an overview of the Fund Balance and 2007 Downtown Budget.
Moved by Commissioner Holton and supported by Commissioner Tilmann that the meeting adjourn at 9:14 p.m. Motion unanimously adopted.
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Cynthia Bradley Kilmer, Mayor Robert J. Flynn, City Clerk