City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 3, 2013 – 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. 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. a.) 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 August 20, 2013 regular meeting as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. CITY COUNCIL AGENDA – SEPTEMBER 3, 2013 PAGE 1 VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF DESIGNATING A VOTING DELEGATE TO THE MICHIGAN MUNICIPAL LEAGUE ANNUAL MEETING. The Annual Convention of the Michigan Municipal League will be held September 17-20, 2013. Pursuant to the provisions of the League bylaws, we are requested to designate by action of the governing body, one official who will be in attendance at the convention as the official representative to cast the vote of the City of Manistee at the annual meeting, and if possible, to designate one other official to serve as an alternate. Signed up to attend the convention are Mayor Pro-Tem Zaring, Councilmember Hornkohl, City Manager Deisch, and Finance Director Bradford. At this time Council could take action to name a voting delegate, and an alternate voting delegate, to the Michigan Municipal League’s annual meeting. b.) CONSIDERATION OF AN AMENDMENT TO THE AGREEMENT TO PROVIDE SERVICES WITH MANISTEE AREA PUBLIC SCHOOLS. In 2001 the City entered into an agreement with Manistee Area Public Schools (MAPS) to provide utility services to the former Kennedy School at 610 East Parkdale Avenue. At that time it was not contemplated that MAPS would put this facility up for sale. MAPS is now considering the sale of this property. The proposed amendment would change the language to treat the potential new private owner the same as all other private utility customers outside the City of Manistee corporate limits. An amendment to the October 16, 2001 agreement has been drafted and approved by the City Attorney. The Manistee Area Public Schools approved the amendment to the agreement at their August meeting. City Staff recommends approval. At this time Council could take action to approve an Amendment to the Agreement to Provide Services for Manistee Area Public Schools property at 610 East Parkdale Avenue; and further authorize the Mayor and City Clerk to execute the document. CITY COUNCIL AGENDA – SEPTEMBER 3, 2013 PAGE 2 c.) CONSIDERATION OF CHANGING ELECTION POLLING LOCATION - PRECINCT 1, 2, AND 3. The City Clerk’s Office is requesting Council approval to change one of the polling locations for elections held in the City of Manistee. The polling location for Precincts 1, 2, and 3 is currently located at Jefferson School. Representatives from Manistee Area Public Schools have voiced concerns with continuing to hold elections at their facility and have requested that future elections be held elsewhere. The proposed change would be to move this polling location to the Manistee Municipal Marina Open Space, beginning with the November 5, 2013 General Election. The Election Commission discussed this issue at their July 2, 2013 meeting and have recommended the proposed change of the polling location for Precincts 1, 2, and 3 starting with the November 5, 2013 General Election. According to Michigan Election Law – Section 168.662(4) “the legislative body of a city, village, or township shall not establish, move, or abolish a polling place less than 60 days before an election….” September 5th is 60 days before the November election. At this time Council could take action to authorize the Mayor and City Clerk to sign a resolution authorizing the change of the election polling location for Precincts 1, 2, and 3 from Jefferson School to the Manistee Municipal Marina Open Space, starting with the November 5, 2013 General Election. d.) CONSIDERATION OF LOCAL REVENUE SHARING BOARD GRANT APPLICATIONS. The Local Revenue Sharing Board (LRSB) distributes 2% money from the Little River Casino. The deadline for 2013 Cycle II applications is Friday, September 6, 2013. 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 2013. IX. Notices, Communications, Announcements. *a.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, September 10, 2013 at 7 p.m. A discussion will be conducted on Project Updates; and such business as may come before the Council. No action is required on this item. CITY COUNCIL AGENDA – SEPTEMBER 3, 2013 PAGE 3 X. Concerns and Comments. a.) CITIZEN COMMENT. This is an opportunity for citizens to comment on municipal services, activities or areas of City involvement. Citizens in attendance shall be recognized by the Mayor for comments (limited to five minutes). Letters submitted to Council will not be publicly read. b.) OFFICIALS AND STAFF. c.) COUNCILMEMBERS. XI. Adjourn. MDD:cl COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – August 20, 2013 Cash Balances Report MML Convention Voting Delegate MAPS Services Agreement Amendment Resolution to Change Polling Location LRSB Grant Applications CITY COUNCIL AGENDA – SEPTEMBER 3, 2013 PAGE 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – August 20, 2013 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, August 20, 2013 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Edward Cote, Robert Hornkohl, Catherine Zaring, Beth Adams, and Eric Gustad. ABSENT: Robert Goodspeed. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, Public Safety Director – Dave Bachman, and City Engineer – Corey Kandow/Abonmarche. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. None received. CONSENT AGENDA.  Minutes ‐ August 6, 2013 ‐ Regular Meeting ‐ August 13, 2013 ‐ Work Session  Payroll ‐ August 5 ‐ 18, 2013 ‐ $ 119,991.12  Monthly Bills ‐ July 8, 2013 ‐ $ 635,462.98 ‐ July 18, 2013 ‐ $ 185,738.17 ‐ August 13, 2013 ‐ $2,048,766.90  Notification Regarding Next Work Session – September 10, 2013 A discussion will be conducted on Project Updates; and such business as may come before the Council.  Consideration of Annual Strut Your Mutt on the Riverwalk. The annual Strut Your Mutt on the Riverwalk event includes an opportunity for citizens and visitors to enjoy the Riverwalk with their four‐legged friends. This is a fundraiser for the Homeward Bound Animal Shelter. This annual event is requested for Sunday, September 22, 2013 from 1 p.m. to 3 p.m.  Consideration of Manistee Monster Mania Fishing Tournament. Scott MacDonald/Tournament Trail has requested authorization to hold an annual fall fishing tournament on Friday, Saturday, and Sunday, September 6, 7 & 8, 2013 in the area of the Lions Shelter at First Street Beach. The request is for use of public property, including the grassy area around the Lions Shelter at First Street Beach, to hold the captains meeting and weigh‐in events. MOTION by Hornkohl, second by Cote to approve the Consent Agenda as presented. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – August 20, 2013 With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Zaring, Adams, and Gustad NAYS: None CONSIDERATION OF BYLAW AMENDMENT, PEG COMMISSION. The PEG Commission has completed their annual bylaw review. At their July 8, 2013 meeting they approved the amendment to Section 3 – Membership, of the bylaws to reflect the language that was adopted in the ordinance revision that was done last year; specifically to include “Up to two members may be appointed by Charter Township of Filer and that all other members shall be Manistee County residents and appointed by City Council.” Council approval of the bylaw amendment is required. MOTION by Hornkohl, second by Cote to adopt bylaws for the PEG Commission and authorize the Mayor to execute the document. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Zaring, Adams, and Gustad NAYS: None CONSIDERATION OF HIRING MICHAEL TERRY AS EXECUTIVE DIRECTOR OF THE RAMSDELL THEATRE. Under City Ordinance 253.03 (D) the Ramsdell Governing Board shall; “hire, if appropriate, a Managing Director of the Center, to be approved by City Council…” The Ramsdell Executive Director position was approved by City Council in the 2013‐2014 budget. The Ramsdell Governing Board has undertaken a comprehensive search and unanimously recommends Michael Terry for the position. MOTION by Hornkohl, second by Cote to approve the hiring of Michael Terry as Executive Director of the Ramsdell Theatre. Mr. Terry gave a brief background of his qualifications and answered questions posed by the Council. With a roll call vote this motion passed, 5‐1. AYES: Kenny, Cote, Hornkohl, Zaring, and Gustad NAYS: Adams CONSIDERATION OF SELECTING A FIRM FOR ENGINEER OF RECORD. City Council is being asked to support the recommendation of the Engineer of Record Interview Team (Councilmembers Zaring, Hornkohl and Cote; and Staff members Deisch, Bradford, Mikula and Rose) to select the Spicer Group as the City of Manistee’s Engineer of Record. In June of 2013 eight engineering firms responded to the City’s Request for Qualifications (RFQ). Of the eight submittals, staff evaluated and scored each RFQ; which resulted in five engineering firms being interviewed in July. Based upon the interviews, reference checks, and RFQ’s submitted; the Interview Team selected and recommends | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – August 20, 2013 the Spicer Group for the City’s Engineer of Record. MOTION by Gustad, second by Zaring to approve the recommendation of the EOR Interview Team and select the Spicer Group as the City of Manistee’s Engineer of Record; and further authorize the City Manager and City Attorney to negotiate an Engineer of Record Agreement that will be presented to Council at a future meeting. Lengthy debate followed regarding the withdrawal of support from two of the interview team members in regards to a family relationship between a Spicer Group member and our staff, and the interview process used ‐ not allowing Council to interview the finalists. After discussion, a roll call vote was taken. Motion passed, 4‐2. AYES: Kenny, Hornkohl, Zaring, and Gustad NAYS: Cote and Adams CONSIDERATION OF THE PURCHASE OF A DEMO AMBULANCE. Council is being requested to consider the purchase of a demo ambulance from Braun Industries; with a Stryker patient lift at a cost of $257,904.00. Buying this unit as a demo saves $27,072 over the cost of new. The unit is a 2011 and has 15,000 miles on it. The unit has an estimated service life of 20 years for City Fire. MOTION by Hornkohl, second by Cote to authorize the purchase of the Braun demo ambulance with a Stryker lift system at a cost of $257,904 and further authorize entering into an installment purchase agreement with Shelby State Bank. Brief discussion followed. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Zaring, Adams, and Gustad NAYS: None A REPORT FROM THE PARKS & BEAUTIFICATION COMMISSION AND THE PARKS DEPARTMENT. A written report was received from the Parks & Beautification Commission. The Parks Department report will be rescheduled to a later meeting. CITIZEN COMMENT. None received. OFFICIALS AND STAFF. Deisch reminded Council of the dedication of the new fish cleaning station to be held tomorrow at noon. Bachman, on behalf of the fire department personnel, thanked Council for their support of the | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – August 20, 2013 department. COUNCILMEMBERS. None received. ADJOURN. MOTION to adjourn was made by Hornkohl, second by Cote. Meeting adjourned at 7:41 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 4  CASH TRANSACTIONS REPORT DRAFT Page: 1 YEAR: THROUGH JULY 8/26/2013 City of Manistee 1:26 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 584,670.41 570,387.57 637,429.84 517,628.14 001.002 Cash - Escrow 63,085.15 1,460.00 1,000.00 63,545.15 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,143.98 2.17 0.00 57,146.15 Total Dept: 000 705,699.54 571,849.74 638,429.84 639,119.44 Fund: 101 705,699.54 571,849.74 638,429.84 639,119.44 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 96,801.62 69,918.78 34,797.64 131,922.76 Total Dept: 000 96,801.62 69,918.78 34,797.64 131,922.76 Fund: 202 96,801.62 69,918.78 34,797.64 131,922.76 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 81,468.91 11,433.96 7,550.72 85,352.15 Total Dept: 000 81,468.91 11,433.96 7,550.72 85,352.15 Fund: 203 81,468.91 11,433.96 7,550.72 85,352.15 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 92,623.86 431.66 208.69 92,846.83 Total Dept: 000 92,623.86 431.66 208.69 92,846.83 Fund: 204 92,623.86 431.66 208.69 92,846.83 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 74,765.27 42,494.29 29,272.65 87,986.91 001.030 Cash Mgt Chk 98,868.51 4.20 0.00 98,872.71 Total Dept: 000 173,633.78 42,498.49 29,272.65 186,859.62 Fund: 226 173,633.78 42,498.49 29,272.65 186,859.62 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 8,214.58 0.00 0.00 8,214.58 Total Dept: 000 8,214.58 0.00 0.00 8,214.58 Fund: 243 8,214.58 0.00 0.00 8,214.58 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 201,842.79 9,985.40 0.00 211,828.19 001.020 Money Market 160,448.05 0.00 0.00 160,448.05 003.000 CD 250,000.00 0.00 0.00 250,000.00 Total Dept: 000 612,290.84 9,985.40 0.00 622,276.24 Fund: 245 612,290.84 9,985.40 0.00 622,276.24 Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash 16,736.40 533.42 3,750.00 13,519.82 Total Dept: 000 16,736.40 533.42 3,750.00 13,519.82  CASH TRANSACTIONS REPORT DRAFT Page: 2 YEAR: THROUGH JULY 8/26/2013 City of Manistee 1:26 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 249 16,736.40 533.42 3,750.00 13,519.82 Fund: 251 - EPA GRANT - PETROLEUM Dept: 000 001.000 Cash 0.00 10,325.66 5,040.13 5,285.53 Total Dept: 000 0.00 10,325.66 5,040.13 5,285.53 Fund: 251 0.00 10,325.66 5,040.13 5,285.53 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 215,471.74 0.00 10,797.59 204,674.15 Total Dept: 000 215,471.74 0.00 10,797.59 204,674.15 Fund: 275 215,471.74 0.00 10,797.59 204,674.15 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 0.00 6,375.12 3,670.68 2,704.44 Total Dept: 000 0.00 6,375.12 3,670.68 2,704.44 Fund: 290 0.00 6,375.12 3,670.68 2,704.44 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 85,808.24 13,531.98 60,916.42 38,423.80 004.000 Cash - Petty 500.00 0.00 0.00 500.00 Total Dept: 000 86,308.24 13,531.98 60,916.42 38,923.80 Fund: 296 86,308.24 13,531.98 60,916.42 38,923.80 Fund: 297 - RAMSDELL RESTORATION PROJECT Dept: 000 001.000 Cash 1,516.10 0.07 0.00 1,516.17 Total Dept: 000 1,516.10 0.07 0.00 1,516.17 Fund: 297 1,516.10 0.07 0.00 1,516.17 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 83,369.94 3.83 0.00 83,373.77 Total Dept: 000 83,369.94 3.83 0.00 83,373.77 Fund: 430 83,369.94 3.83 0.00 83,373.77 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 6,713.14 0.31 0.00 6,713.45 Total Dept: 000 6,713.14 0.31 0.00 6,713.45 Fund: 490 6,713.14 0.31 0.00 6,713.45 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 4,954.73 6,179.49 459.65 10,674.57 004.000 Cash - Petty 1,001.00 0.00 0.00 1,001.00 Total Dept: 000 5,955.73 6,179.49 459.65 11,675.57 Fund: 508 5,955.73 6,179.49 459.65 11,675.57 Fund: 573 - WATER & SEWER UTILITY  CASH TRANSACTIONS REPORT DRAFT Page: 3 YEAR: THROUGH JULY 8/26/2013 City of Manistee 1:26 pm Account Number Beginning Balance Debit Credit Ending Balance Dept: 000 001.000 Cash 625,067.76 300,701.21 236,015.88 689,753.09 001.002 Cash - Escrow 30,400.00 1,200.00 1,000.00 30,600.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 488,613.29 18.56 0.00 488,631.85 Total Dept: 000 1,144,381.05 301,919.77 237,015.88 1,209,284.94 Fund: 573 1,144,381.05 301,919.77 237,015.88 1,209,284.94 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 277.25 55,473.27 24,166.99 31,583.53 004.000 Cash - Petty 300.00 0.00 0.00 300.00 Total Dept: 000 577.25 55,473.27 24,166.99 31,883.53 Fund: 594 577.25 55,473.27 24,166.99 31,883.53 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 489,970.18 23,351.12 126,050.00 387,271.30 001.002 Cash - Escrow 271,273.24 0.00 0.00 271,273.24 Total Dept: 000 761,243.42 23,351.12 126,050.00 658,544.54 Fund: 661 761,243.42 23,351.12 126,050.00 658,544.54 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash 238,152.14 1,591,554.22 238,173.54 1,591,532.82 Total Dept: 000 238,152.14 1,591,554.22 238,173.54 1,591,532.82 Fund: 703 238,152.14 1,591,554.22 238,173.54 1,591,532.82 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 53,096.98 493,141.32 487,109.63 59,128.67 001.005 Cash - NEW Flex \ HRA 9,150.35 6,127.71 5,456.28 9,821.78 001.007 Cash - Federal & State Taxes 2.47 62,528.17 62,528.01 2.63 Total Dept: 000 62,249.80 561,797.20 555,093.92 68,953.08 Fund: 704 62,249.80 561,797.20 555,093.92 68,953.08 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 8,159.99 1,334.58 0.00 9,494.57 Total Dept: 000 8,159.99 1,334.58 0.00 9,494.57 Fund: 705 8,159.99 1,334.58 0.00 9,494.57 Grand Totals: 4,401,568.07 3,278,498.07 1,975,394.34 5,704,671.80