City Council
Regular MeetingManistee, MI · August 16, 2011
Minutes
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – August 16, 2011
A regular meeting of the Manistee City Council was called to order by his honor, Mayor Richard Mack
on Tuesday, August 16, 2011 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed
by the Pledge of Allegiance.
PRESENT: Colleen Kenny, Ed Cote, Robert Hornkohl, Ilona Haydon, Catherine Zaring, Richard
Mack, and Alan Marshall.
ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle
Wright, DPW Director – Jack Garber, Finance Director – Ed Bradford, Public Safety
Director – Dave Bachman, and City Engineer – Jeff Mikula, Abonmarche.
CITIZEN COMMENTS ON AGENDA RELATED ITEMS.
None received.
#11‐102 CONSENT AGENDA.
Minutes ‐ August 3, 2011 ‐ Regular Meeting
‐ August 9, 2011 ‐ Work Session
Payroll ‐ August 1 ‐ 7, 2011 ‐ $ 59,494.37
‐ August 8 ‐ 14, 2011 ‐ $ 56,216.40
Cash Balances Report ‐ July 2011
Notification Regarding Next Work Session – September 13, 2011
An update will be presented on GIS; and such business as may come before the Council.
Consideration of DAV Forget‐Me‐Not Sale.
The Manistee Salt City Chapter 43 of the Disabled American Veterans have requested
authorization to sell Forget‐Me‐Nots to raise money for their local DAV projects. They are
requesting August 18, 19 and 20, 2011 for this sale.
Consideration of Humane Society Tag Day.
The Manistee County Humane Society would like to hold their annual Tag Day fundraiser on
August 26 and 27, 2011 in the City of Manistee.
Marshall requested the removal of Consideration of Community Labor Day Bridge Walk from the
Consent Agenda.
MOTION by Haydon, second by Hornkohl to approve the Consent Agenda as presented with the
removal of the Community Labor Day Bridge Walk.
City Council Minutes Page 1 page 1
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: None
#11‐103 CONSIDERATION OF Z11‐06 TO THE ZONING ORDINANCE.
The Planning Commission developed an ordinance to allow Community Gardens as a permitted use in
all districts in the City. The Planning Commission wanted the ordinance to be friendly and not over‐
regulate. Any nuisance issues will be addressed under the existing Code of Ordinances. The ordinance
permits the following structures: one (1) storage building not larger than 100 square feet (permit
required); one (1) greenhouse not larger than 100 square feet and covered with glass, plastic or
fiberglass in which plants are cultivated (permit required); raised/accessible planting beds, compost or
waste bins; fences that comply with Section 508; and one ground mount sign not to exceed four (4)
square feet.
The ordinance also provides for Reclamation Standards in the event the community garden is
discontinued for a period of more than one year. All buildings and structures shall be removed and the
site shall be restored with grass or other acceptable methods of landscaping.
This will be the first reading of the proposed Ordinance Z11‐06. A second reading and possible
adoption could take place at the September 6, 2011 Council meeting.
MOTION by Haydon, second by Cote to introduce Ordinance Z11‐06 to the Zoning Ordinance.
Discussion followed.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: None
#11‐104 CONSIDERATION OF FILER CHARTER TOWNSHIP SEWER AND WASTEWATER
AGREEMENTS.
Three agreements have been attached between Filer Charter Township and the City of Manistee
relating to sewer and wastewater treatment for Filer Charter Township. These three agreements will
supersede the March 2, 2010
agreement between these two parties. The Council Utilities Committee has reviewed them and
recommended these agreements be forwarded to full City Council. City Attorney Bruce Gockerman has
reviewed and approved the three agreements.
MOTION by Haydon, second by Hornkohl to approve three separate agreements with Filer Charter
Township consisting of the Operating Agreement, the Wastewater Treatment Agreement, and the
Master Agreement; which in whole replaces the March 2, 2010 agreement that was previously
approved by Filer Charter Township and the City of Manistee; and authorize the Mayor and City Clerk
to execute the documents. Questions were asked how the new payment structure would work, if rates
would be reduced, and consensus that this is a good thing for both the City and Filer Charter Township.
City Council Minutes Page 2 page 2
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: None
#11‐105 CONSIDERATION OF A RESOLUTION OF SUPPORT, FISH CLEANING STATION GRANT
APPLICATION.
In partnership with the Alliance for Economic Success, a resolution has been prepared for Council
consideration for a Great Lakes Fishery Trust Fund grant application in the amount of $75,000 to
replace the First Street Beach Fish Cleaning Station. Matching local funds have been included in the
Capital Improvement Fund budget.
MOTION by Hornkohl, second by Zaring to approve a resolution of support for a Great Lakes Trust Fund
grant application in the amount of $75,000 for the replacement of the First Street Beach Fish Cleaning
Station; and authorize the Mayor and Clerk to sign the resolution. Comments were given regarding
finishing one project before starting another; and that a time line should be given for the project’s start
and finish dates.
With a roll call vote this motion passed, 6‐1.
AYES: Kenny, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: Cote
#11‐106 CONSIDERATION OF A RESOLUTION OF SUPPORT, SAFE ROUTES TO SCHOOL.
For the past few months the City of Manistee has been working with Manistee Catholic Central Schools
to establish a Safe Routes to School Program to construct new sidewalks adjacent to MCC to allow for
students to safely walk to school. The City of Manistee as the local agency must be the Safe Routes to
School applicant. As the local match the City is committing to cover engineering and design costs
associated with the Safe Routes to School Program.
MOTION by Hornkohl, second by Cote to approve a resolution of support to work cooperatively with
the Manistee Catholic Central Schools toward a Safe Routes to School Program, committing to all
necessary engineering and design costs to complete the project; and further authorize the Mayor and
Clerk to sign the resolution. Questions were asked what the engineering and design costs would be,
personnel cost to maintain/plow the sidewalks, how it will impact taxes for property owners, and US‐
31 safety issues.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: None
#11‐107 CONSIDERATION OF LRSB GRANT APPLICATIONS.
The Local Revenue Sharing Board (LRSB) distributes 2% money from the Little River Casino. The
City Council Minutes Page 3 page 3
deadline for 2011 Cycle II applications is Friday, September 2, 2011. City Staff has prepared grant
applications for submission to the LRSB.
MOTION by Haydon, second by Zaring to authorize the submission of grant applications to the Local
Revenue Sharing Board for the second cycle in 2011. Kenny suggested adding all of the benefits for the
Safe Routes To School on the grant application that were spoken of previously – more usage, crosswalk
striping, flashing lights, etc.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: None
#11‐108 CONSIDERATION OF COMMUNITY LABOR DAY BRIDGE WALK.
The City of Manistee Non‐Motorized Transportation Committee is requesting authorization for the first
Manistee Beach, Bridges & Riverwalk Community Labor Day Bridge Walk.
The Labor Day Community Walk (Monday, September 5, 2011) will start at 9:00 a.m. at Fifth Avenue
Beach, crosses the Maple Street Bridge and the US‐31 Bridge. Participants will get a sampling of our
famous Riverwalk and historic downtown. This is another event that promotes healthy activities for
people of all abilities. The Manistee Police Department has reviewed and approved this event.
MOTION by Marshall, second by Kenny to authorize the Manistee Beach, Bridges and Riverwalk
Community Labor Day Bridge Walk. Marshall stated that he thought this was an intriguing, marketable
experience for Manistee and wanted to commend the Non‐Motorized Transportation Committee for
this idea.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall
NAYS: None
#11‐109 A REPORT FROM PARKS DEPARTMENT AND THE PARKS AND BEAUTIFICATION
COMMISSION.
Mr. Gary Niesen reported on the activities of the Parks Department and responded to questions the
Council had regarding their activities.
Mr. Ed Tegler reported on the activities of the Parks and Beautification Commission and responded to
questions the Council had regarding their activities.
CITIZEN COMMENT.
None received.
City Council Minutes Page 4 page 4
OFFICIALS AND STAFF.
Deisch asked Council for direction on the Fifth Avenue beach picnic area (former NIA building site) and
the parking lot berm. It will be referred to the Parks and Beautification Commission for their
recommendation and then presented back to Council. Cost estimates will also be obtained.
Bradford demonstrated the quality of the new document camera in the Council Chambers.
Bachman stated the 5th Annual Dog Walk Committee has requested use of the Riverwalk this year
instead of the First Street beach loop because of the road construction in that area. Council gave their
blessing.
COUNCILMEMBERS.
Marshall commented on the demonstration at the Fire Station of the new Care Trak System that helps
track dementia, Alzheimer, or special needs people; grant money for this program was received from
the Local Revenue Sharing Board; and stated the trainer from Marquette was very pleased with the
cooperation he witnessed between the fire and police departments.
Mack commented on the Michigan Association of Mayors conference he attended in Port Huron. He
shared an Adopt‐a‐Park idea that was discussed at the conference.
ADJOURN.
MOTION to adjourn was made by Hornkohl, second by Cote. Meeting adjourned at 8:23 p.m.
Michelle Wright CMC/CPFA, MiCPT
City Clerk/Deputy Treasurer
City Council Minutes Page 5 page 5
Agenda
MANISTEE CITY COUNCIL
MEETING AGENDA
Tuesday, August 16, 2011 - 7:00 p.m. - Council Chambers
I. Call to Order.
a.) PLEDGE OF ALLEGIANCE.
b.) ROLL CALL.
II. Public Hearings.
III. Citizen Comments on Agenda Related Items.
IV. Consent Agenda. All agenda items marked with an asterisk (*) are on the
consent agenda and considered by the City Manager to be routine matters. If the
Mayor or any member of the Council wishes to discuss an item on the consent
agenda, it will be deleted from the consent agenda and considered in its regular
order on the agenda. Consent agenda items include:
V. Approval of Minutes.
VI. a.) Approval of Payroll.
b.) Cash Balances Report.
XI. b.) Notification Regarding Next Work Session.
c.) Consideration of DAV Forget-Me-Not Sale.
d.) Consideration of Humane Society Tag Day.
e.) Consideration of Community Labor Day Bridge Walk.
At this time Council could take action to approve the Consent Agenda as
presented.
*V. Approval of Minutes. Approval of the minutes of the August 3, 2011 regular
meeting and the August 9, 2011 work session as attached.
VI. Financial Report.
*a.) APPROVAL OF PAYROLL.
*b.) CASH BALANCES REPORT.
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VII. Unfinished Business.
VIII. New Business.
a.) CONSIDERATION OF Z11-06 TO THE ZONING ORDINANCE.
The Planning Commission developed an ordinance to allow Community Gardens
as a permitted use in all districts in the City. The Planning Commission wanted
the ordinance to be friendly and not over-regulate. Any nuisance issues will be
addressed under the existing Code of Ordinances. The ordinance permits the
following structures: one (1) storage building not larger than 100 square feet
(permit required); one (1) greenhouse not larger than 100 square feet and covered
with glass, plastic or fiberglass in which plants are cultivated (permit required);
raised/accessible planting beds, compost or waste bins; fences that comply with
Section 508; and one ground mount sign not to exceed four (4) square feet.
The ordinance also provides for Reclamation Standards in the event the
community garden is discontinued for a period of more than one year. All
buildings and structures shall be removed and the site shall be restored with grass
or other acceptable methods of landscaping.
This will be the first reading of the proposed Ordinance Z11-06. A second reading
and possible adoption could take place at the September 6, 2011 Council meeting.
At this time Council could take action to introduce Ordinance Z11-06 to the
Zoning Ordinance.
b.) CONSIDERATION OF FILER CHARTER TOWNSHIP SEWER AND
WASTEWATER AGREEMENTS.
Three agreements have been attached between Filer Charter Township and the
City of Manistee relating to sewer and wastewater treatment for Filer Charter
Township. These three agreements will supersede the March 2, 2010 agreement
between these two parties. The Council Utilities Committee has reviewed them
and recommended these agreements be forwarded to full City Council. City
Attorney Bruce Gockerman has reviewed and approved the three agreements.
At this time Council could take action to approve three separate agreements with
Filer Charter Township consisting of the Operating Agreement, the Wastewater
Treatment Agreement, and the Master Agreement; which in whole replaces the
March 2, 2010 agreement that was previously approved by Filer Charter Township
and the City of Manistee; and authorize the Mayor and City Clerk to execute the
documents.
2
c.) CONSIDERATION OF A RESOLUTION OF SUPPORT, FISH CLEANING
STATION GRANT APPLICATION.
In partnership with the Alliance for Economic Success, a resolution has been
prepared for Council consideration for a Great Lakes Fishery Trust Fund grant
application in the amount of $75,000 to replace the First Street Beach Fish
Cleaning Station. Matching local funds have been included in the Capital
Improvement Fund budget.
At this time Council could take action to approve a resolution of support for a
Great Lakes Trust Fund grant application in the amount of $75,000 for the
replacement of the First Street Beach Fish Cleaning Station; and authorize the
Mayor and Clerk to sign the resolution.
d.) CONSIDERATION OF A RESOLUTION OF SUPPORT, SAFE ROUTES TO
SCHOOL.
For the past few months the City of Manistee has been working with Manistee
Catholic Central Schools to establish a Safe Routes to School Program to construct
new sidewalks adjacent to MCC to allow for students to safely walk to school.
The City of Manistee as the local agency must be the Safe Routes to School
applicant. As the local match the City is committing to cover engineering and
design costs associated with the Safe Routes to School Program.
At this time Council could take action to approve a resolution of support to work
cooperatively with the Manistee Catholic Central Schools toward a Safe Routes to
School Program, committing to all necessary engineering and design costs to
complete the project; and further authorize the Mayor and Clerk to sign the
resolution.
e.) CONSIDERATION OF LRSB GRANT APPLICATIONS.
The Local Revenue Sharing Board (LRSB) distributes 2% money from the Little
River Casino. The deadline for 2011 Cycle II applications is Friday, September 2,
2011. City Staff has prepared grant applications for submission to the LRSB.
At this time Council could take action to authorize the submission of grant
applications to the Local Revenue Sharing Board for the second cycle in 2011.
3
IX. Notices, Communications, Announcements.
a.) A REPORT FROM PARKS DEPARTMENT AND THE PARKS AND
BEAUTIFICATION COMMISSION.
A regular part of each Council meeting is a report from a cooperating agency,
organization or department.
At this time Mr. Gary Niesen will report on the activities of the Parks Department
and respond to any questions the Council may have regarding their activities.
At this time Mr. Ed Tegler will report on the activities of the Parks and
Beautification Commission and respond to any questions the Council may have
regarding their activities.
No action is required on this item.
*b.) NOTIFICATION REGARDING NEXT WORK SESSION.
A Council work session has been scheduled for Tuesday, September 13, 2011 at
7:00 p.m. An update will be presented on GIS; and such business as may come
before the Council. No action is required on this item.
*c.) CONSIDERATION OF DAV FORGET-ME-NOT SALE.
The Manistee Salt City Chapter 43 of the Disabled American Veterans have
requested authorization to sell Forget-Me-Nots to raise money for their local DAV
projects. They are requesting August 18, 19 and 20, 2011 for this sale.
At this time Council could take action to authorize the DAV Forget-Me-Not sale
on August 18, 19 and 20, 2011.
*d.) CONSIDERATION OF HUMANE SOCIETY TAG DAY.
The Manistee County Humane Society would like to hold their annual Tag Day
fundraiser on August 26 and 27, 2011 in the City of Manistee.
At this time Council could take action to authorize the Humane Society Tag Day
on August 26 and 27, 2011.
4
*e.) CONSIDERATION OF COMMUNITY LABOR DAY BRIDGE WALK.
The City of Manistee Non-Motorized Transportation Committee is requesting
authorization for the first Manistee Beach, Bridges & Riverwalk Community
Labor Day Bridge Walk.
The Labor Day Community Walk (Monday, September 5, 2011) will start at 9:00
a.m. at Fifth Avenue Beach, crosses the Maple Street Bridge and the US-31
Bridge. Participants will get a sampling of our famous Riverwalk and historic
downtown. This is another event that promotes healthy activities for people of all
abilities. The Manistee Police Department has reviewed and approved this event.
At this time Council could take action to authorize the Manistee Beach, Bridges
and Riverwalk Community Labor Day Bridge Walk.
X. Concerns and Comments.
a.) CITIZEN COMMENT. This is an opportunity for citizens to comment on
municipal affairs. Citizens in attendance may be recognized by the Mayor for
comments. Signed letters from citizens may be read if so requested. Citizen
comments are not limited to agenda items but should be directed toward municipal
services, activities or areas of involvement.
b.) OFFICIALS AND STAFF.
c.) COUNCILMEMBERS.
XI. Adjourn.
MDD:cl
COUNCIL AGENDA ATTACHMENTS:
Council Meeting Minutes – August 3, 2011
Council Work Session Minutes – August 9, 2011
Cash Balances Report
Z11-06 Ordinance
FCT Sewer & Wastewater Agreements
Resolution of Support – Fish Cleaning Station Grant Application
Resolution of Support – Safe Routes to School Program
LRSB Grant Applications
DAV Sale Request
Humane Society Tag Day Request
Labor Day Community Walk Request
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