City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 5, 2013 – 7:00 P.M. – COUNCIL CHAMBERS I. Call to Order. a.) PLEDGE OF ALLEGIANCE. b.) ROLL CALL. II. Public Hearings. a.) PUBLIC HEARING ON AN APPLICATION TO THE STATE OF MICHIGAN LAND AND WATER CONSERVATION FUND FOR A GRANT TO ASSIST WITH REBUILDING THE ROTARY PARK PLAYGROUND IN DOUGLAS PARK. City Manager Mitch Deisch will make a presentation on rebuilding the Rotary Park Playground and the grant application that is being submitted. At this time the public has an opportunity to comment on the project and the proposed grant application. No action is anticipated this evening. Council will be asked to approve a Resolution of Support for the grant application at the regular meeting scheduled for March 19, 2013. b.) PUBLIC HEARING ON MICHIGAN ECONOMIC DEVELOPMENT CORPORATION CDBG SIGNATURE BUILDING GRANT PROGRAM. The purpose of this public hearing is to afford an opportunity for all citizens to express opinions, ask questions, and discuss a proposed grant application for $330,000 from the Michigan Economic Development Corporation (MEDC) CDBG Signature Building Grant Program to assist in the purchase of the building at 312 River Street, Manistee, Michigan. At this time the public is invited to speak on the Michigan Economic Development Corporation CDBG Signature Building Program grant application. City Council will take action on the request later in the meeting. CITY COUNCIL AGENDA – MARCH 5, 2013 PAGE 1 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. Prior to approval of the Consent Agenda, any member of Council may have an item from the Consent Agenda removed and taken up during the regular portion of the meeting. Consent agenda items include: V. Approval of Minutes. VI. a.) Approval of Payroll. b.) Cash Balances Report. XI. b.) Notification Regarding Next Work Session. At this time Council could take action to approve the Consent Agenda as presented. *V. Approval of Minutes. Approval of the minutes of the February 19, 2013 regular meeting as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF ENTERING INTO A DEVELOPMENT AGREEMENT WITH BLUE COW LLC. The Michigan Economic Development Corporation’s (MEDC) CDBG Signature Building Grant Program provides funding for communities and entities desiring to purchase anchor buildings in a community’s downtown, rehabilitate the structures and develop new businesses within them resulting in the creation of new jobs. Blue Cow LLC is requesting the City submit an application to the MEDC for $330,000 to assist in the purchase of the building at 312 River Street, Manistee, Michigan (the Winkler Block is the historic name, formerly the Tuscan Grille). The agreement holds Blue Cow LLC solely responsible for the repayment and shall hold harmless the City. The City Attorney has reviewed and approved the development agreement. CITY COUNCIL AGENDA – MARCH 5, 2013 PAGE 2  At this time Council could take action to authorize the Mayor and City Clerk to execute the development agreement with Blue Cow LLC. b.) CONSIDERATION OF MICHIGAN ECONOMIC CORPORATION CDBG SIGNATURE BUILDING GRANT PROGRAM – BLUE COW LLC. Blue Cow LLC has made an offer to purchase the building at 312 River Street, Manistee, Michigan. With the assistance of the Main Street Downtown Development Authority an application to the Michigan Economic Development Corporation (MEDC) CDBG Signature Building Grant Program has been prepared. The application requires a public hearing, which was held earlier this evening, to allow for public comment on the request; and a resolution from City Council supporting the request. At this time Council could take action to authorize the Mayor and City Clerk to execute a resolution supporting a grant application to the Michigan Economic Development Corporation CDBG Signature Building Grant Program for Blue Cow LLC. c.) CONSIDERATION OF LAKES TO LAND REGIONAL INITIATIVE. The City Planning Commission has begun work on updating the Master Plan. A component of the update will need public input. While the majority of work on the plan will be done in house, assistance is available from the Lakes to Land Regional Initiative. The Lakes to Land Initiative will assist with the public involvement and facilitate public input as well as assist in the plan development. The City Attorney has reviewed and approved the Agreement to Partner Collaborative Master Plan and Implementation Strategy. At this time Council could take action to authorize the Mayor and City Clerk to execute the Resolution and Agreement to Partner Collaborative Master Plan and Implementation Strategy with the Lakes to Land Regional Initiative. d.) CONSIDERATION OF HARBOR COMMISSION BYLAW AMENDMENTS. The Manistee Harbor Commission took action at their February 19, 2013 meeting to review and approve changes to their bylaws. A copy of the bylaws showing proposed amendments has been attached. These amendments provide additional clarification and update the bylaws to coincide with recently revised Chapter 266 of the Code of Ordinances. At this time Council could take action to approve amendments to the bylaws of the Manistee Harbor Commission and authorize the Mayor to execute the document. CITY COUNCIL AGENDA – MARCH 5, 2013 PAGE 3 e.) CONSIDERATION OF FISH CLEANING STATION AND BEACH PAVILION CONTRACT. On February 6, 2013 bids were due for the Fish Cleaning Station and Beach Pavilion construction that is to take place this spring. Twelve bids were received in response to the project. Adams Construction $747,150 BCI Construction $639,600 Cole, Inc. $572,575 Hallmark Construction $583,750 Joseph Helminski $629,892 Omega Construction $618,543 Orshall $625,238 Plaggmars Construction $605,900 Rivertown Contractors $587,788 Sugar Construction $607,200 Tridon Construction $569,863 *Low Bidder Vell Construction $583,500 Tridon Construction was the low bid at $569,863. Value engineering has reduced that cost to $545,020. A contract has been prepared in the reduced amount with Tridon Construction for the construction of the Fish Cleaning Station and the Beach Pavilion. The contract has been reviewed by the City Attorney. At this time Council could take action to enter into a contract with Tridon Construction in the amount of $545,020 for the construction of the Fish Cleaning Station and Beach Pavilion at First Street Beach. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE MANISTEE RECREATION ASSOCIATION. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Ms, Vicki Sheffield will report on the activities of the Manistee Recreation Association and respond to any questions the Council may have regarding their activities. No action is required on this item. CITY COUNCIL AGENDA – MARCH 5, 2013 PAGE 4 *b.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, March 12, 2013 at 7 p.m. A discussion will be conducted on the CDO White Paper, Project Updates; and such business as may come before the Council. No action is required on this item. c.) PRESENTATION OF COMMUNITY DEVELOPMENT OFFICE WHITE PAPER. 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. 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 – February 19, 2013 Cash Balances Report Blue Cow Developers Agreement MEDC CDBG Grant Program Application/Documentation Lakes to Land Regional Initiative Resolution/Agreement Harbor Commission Bylaw Amendments Fish Cleaning Station / Beach Pavilion Contract CITY COUNCIL AGENDA – MARCH 5, 2013 PAGE 5  MANISTEE HARBOR COMMISSION BYLAWS AND RULES OF PROCEDURE Section 1. NAME. The name of the Commission shall be the "Manistee Harbor Commission." Section 2. PURPOSE. The purpose of the Commission shall be to implement and carry out provisions of Chapter 266 of the Manistee Code of Ordinances. (As may be amended from time to time.) Section 3. MEMBERSHIP OF THE COMMISSION. The membership of the Commission shall consist of seven (7) members appointed by the City Council, one of whom shall be the Harbormaster. They shall serve three (3) year terms. The City Manager shall be a non-voting ex-officio member of the Commission. Section 4. OFFICERS. 4.1 Selection: The Commissioners shall elect a chair, and a vice-chair. The election shall take place during the first meeting of each calendar year in January. Officers shall be selected by majority vote of the Commissioners. Recording Secretary services will be provided by the Executive Secretary in the City Manager’s Office. 4.2 Tenure: The Officers shall take office upon selection at the start of the next regular meeting following their selection and shall hold office for a term of one year, or until their successors are selected and assume office. Section 5. OFFICER DUTIES. 5.1 CHAIR. The Chair shall: a.) Preside at all meetings. b.) Appoint committees. c.) Periodically meet with City department staff. d.) Appoint an acting recording secretary for a meeting in which the recording secretary is absent. e.) Perform such other duties as may be ordered or authorized by the Harbor Commission. 1|Page 5.2 VICE-CHAIR. The Vice-Chair shall: a.) Act in full capacity of the Chair in the absence of the Chair. b.) In the event of a vacancy in the position of Vice-Chair, the Harbor Commission shall then select a successor to the office of Vice-Chair from its membership for the unexpired term. 5.3 SECRETARY. The Secretary shall: a.) Execute documents in the name of the Harbor Commission as authorized by the Harbor Commission. b.) Be responsible for the minutes of each meeting and shall have them appropriately distributed. c.) Track attendance and make reports to the City Manager as specified in Section 6.3 of these bylaws. d.) Perform such other duties as the Harbor Commission may determine. Section 6. VACANCIES, REMOVAL, ABSENCES. 6.1 Vacancies: Vacancies shall be filled for unexpired terms in the same manner as original appointments. 6.2 Removal: A member may be removed from office by the appointing City Council for neglect of official duty or misconduct in office after being given a written statement for reasons and an opportunity to be heard thereon. 6.3 Absences: In order to maintain the maximum participation of all appointed Harbor Commission members at all scheduled meetings, the following is the attendance guide and Board member replacement policy for “excused” or “unexcused” absences: a) When appointed, each Commission member should state his/her willingness and intention to attend each scheduled meeting of the Harbor Commission. b) In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Board member from attending the scheduled meeting; the Commission Chair or staff liaison to the Harbor Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commission member upon this notification will receive an “excused absence” for the involved scheduled meeting. c) If any Commission member is absent from three (3) consecutive scheduled meetings without an “excused absence” for any of the three (3) meetings, the Commission member shall be reported in writing to the City Manager. The City Manager will contact the Commission member in writing and question his/her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. d) There will be no limit on the number of consecutive “excused absences” for any Commission member. However, if the Commission member is repeatedly absent for 2|Page  at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commission member in writing and question the member’s continued ability or interest to be on the Commission. The Commission member will be considered for appointment nullification when the absences total six in the calendar year. e) The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. Section 7. MEETINGS. 7.1 Regular Meetings: Meetings shall be held monthly to conduct the business of the Commission As directed in Chapter 266 of the Manistee Code of Ordinances the Commission shall meet at least quarterly during each year, and more frequently as needed. The date and time of each meeting will, where practicable be agreed upon by the consensus of the Commission members and such City staff as may be assigned to meet with the Commission. Meeting times and locations shall be posted and open to the public with time set aside at each meeting to receive public comment. All actions taken by the Commission shall be recorded by the Secretary and filed with the Manistee City Clerk. All meetings and Commission business shall comply with the Open Meetings laws of the State of Michigan. Meetings can be cancelled by the Chair if there are no agenda items or if it is predetermined that a quorum will not be present. Special meetings may be called by or at the request of the Chair or any two members. Meetings shall be held after due notice to all members and the public. 7.2 Quorum: Four members shall constitute a quorum for the transaction of business. Whenever a quorum in not present at a meeting, those present may adjourn the meeting to another day or hold the meeting for the purpose of considering such matters as are on the agenda. No action taken at such a meeting shall be final or official unless and until ratified and confirmed at a subsequent meeting when a quorum is present by acting to approve the minutes of the meeting at which the quorum was not present. 7.3 Order of Business: The Chair or their designee shall prepare an agenda for each meeting and the order of business shall follow in an orderly manner according to the agenda. A designated period for public comment shall be allowed. A time limit for discussion and/or comment may be set by the Chair. 7.4 Parliamentary Procedure: Parliamentary procedure in Harbor Commission meetings, when needed, shall be governed by Roberts' Rules of Order. Section 8. EXPENSE REIMBURSEMENT. Commissioners shall be reimbursed by the City of Manistee for all pre-approved out of pocket expenses incurred in carrying out the official business of the Commission. The City Manager or his designee shall be responsible for the preapproval process. Section 9. CONFLICT OF INTEREST. 3|Page In the event that business being carried out by the Commission may have a personal or financial impact on a member of the Commission or their immediate family, or any corporation or business of which a Commissioner is an officer or director, the Commission member must disclose the conflict of interest and refrain from voting on that particular business. If any question of whether or not a conflict exists cannot be determined by the Commission, then the matter of the question shall immediately be referred in writing to the Manistee City Attorney for consultation and recommendation. Section 10. CHANGES OR AMENDMENTS. Bylaws shall be reviewed annually during the first meeting of the year. All changes or amendments to the Bylaws must be approved by the majority of the Commissioners. Such changes or amendments must be presented to the Commission in writing for consideration and may not be voted upon until the following regularly scheduled meeting. Upon approval by the Commission, the Bylaws, showing the proposed amendment, shall be submitted to the Manistee City Council for final approval. The foregoing Bylaws were duly adopted at a regular meeting of the Manistee Harbor Commission held 9/16/91; amended 5/06/96; amended 4/4/06; amended 8/3/09 amended 5/10/11; amended 2/19/13. ________________________________________ Cynthia J. Lokovich, Secretary Dated Approved by the Manistee City Council: _________________________________________ Mayor Colleen Kenny Dated 4|Page