City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, OCTOBER 1, 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. b.) Notification Regarding Next Work Session. c.) Consideration of Northfire Dance Company Bottle Drive. d.) Consideration of Annual Boos, Brews & Brats Event. At this time Council could take action to approve the Consent Agenda as presented. *V. Approval of Minutes. Approval of the minutes of the September 16, 2013 regular meeting as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. CITY COUNCIL AGENDA – OCTOBER 1, 2013 PAGE 1 *b.) CASH BALANCES REPORT. VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF AN ENGINEER OF RECORD AGREEMENT WITH THE SPICER GROUP. At their meeting of August 20, 2013 Council took action to approve the recommendation of the EOR Interview Team and selected the Spicer Group as the City of Manistee’s Engineer of Record; and further authorized the City Manager and City Attorney to negotiate an Engineer of Record Agreement. Staff and the City Attorney have completed negotiations and recommend the attached agreement. At this time Council could take action to approve an Engineer of Record Agreement with the Spicer Group for a period of five years; and further authorize the Mayor and City Clerk to execute the agreement. b.) CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Downtown Development Authority, Harbor Commission, Non-Motorized Transportation Committee, Planning Commission and the Zoning Board of Appeals. All appointments by the Mayor are subject to the Council’s approval, unless otherwise specified by statute or ordinance. Nominations for Council appointments do not require a second. After a member of Council nominates an individual for appointment, Council shall vote on the nomination. A majority vote in favor of placement of the nominee is required for appointment. The following applications have been received: DOWNTOWN DEVELOPMENT AUTHORITY – Two vacancies, four-year terms ending 07/01/17; Mayoral appointment. Rachel L. Estabrook, 4 Brookharbor North John L. Smith, 315 Condon Road HARBOR COMMISSION – Two vacancies, three-year terms ending 10/31/16; Council appointment. None received. CITY COUNCIL AGENDA – OCTOBER 1, 2013 PAGE 2  NON-MOTORIZED TRANSPORTATION COMMITTEE – Two unexpired terms ending 03/31/14 and 03/31/15; Mayoral appointment. None received. PLANNING COMMISSION – Three vacancies, three-year terms ending 10/31/16; Mayoral appointment. Mark W. Wittlief, 363 Tenth Street* Marlene McBride, 217 River Street* David J. Crockett, 260 Third Avenue* ZONING BOARD OF APPEALS – Alternate member, one unexpired term ending 05/31/15; Mayoral appointment. None received. *Incumbent At this time the Mayor and Council could take action to make appointments as noted above. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE PLANNING & ZONING OFFICE AND THE BUILDING INSPECTOR’S OFFICE. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Ms. Denise Blakeslee will report on the activities of the Planning and Zoning Office and respond to any questions the Council may have regarding their activities. At this time Mr. Mark Niesen will report on the activities of the Building Inspector’s Office and respond to any questions the Council may have regarding their activities. No action is required on this item. CITY COUNCIL AGENDA – OCTOBER 1, 2013 PAGE 3 *b.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, October 8, 2013 at 7 p.m. A discussion will be conducted on the Surplus Property Policy, DDA Tree and Sign Proposals, Motor Pool Update, Project Updates; and such business as may come before the Council. No action is required on this item. *c.) CONSIDERATION OF NORTHFIRE DANCE COMPANY BOTTLE DRIVE. The Northfire Dance Company has requested authorization to conduct a bottle drive on Saturday, October 12, 2013 from 10 a.m. to 4 p.m. to solicit bottles that they can cash in. The proceeds from this event will be used for competition travel and other team expenses. At this time Council could take action to authorize a bottle drive on Saturday, October 12, 2013 in the City of Manistee for the Northfire Dance Company. *d.) CONSIDERATION OF ANNUAL BOOS, BREWS & BRATS EVENT. The Manistee Main Street Downtown Development Authority has requested authorization to conduct their annual Boos, Brews & Brats event on Saturday, October 26, 2013 from noon until 11 p.m. on River Street in front of the marina building. This is the fourth year of this popular attraction and features a beer tent, entertainment, a 2 mile Zombie race and a pet parade. At this time Council could take action to authorize the annual Boos, Brews & Brats event on Saturday, October 26, 2013. 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 CITY COUNCIL AGENDA – OCTOBER 1, 2013 PAGE 4 COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – September 16, 2013 Cash Balances Report Engineer of Record Agreement with the Spicer Group Board and Commission Applications Northfire Dance Company Bottle Drive Request Boos, Brews & Brats Event Request CITY COUNCIL AGENDA – OCTOBER 1, 2013 PAGE 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 16, 2013 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Monday, September 16, 2013 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Robert Hornkohl, Robert Goodspeed, Catherine Zaring, Beth Adams, and Eric Gustad (arrived at 7:23 p.m.). ABSENT: Edward Cote. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, Finance Director – Ed Bradford, Public Safety Director – Dave Bachman, and City Engineer – Corey Kandow/Abonmarche. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Ross Spencer‐ 328 Eighth Street, asked if the public would be able to read the City Manager’s employment agreement before it is voted on. CONSENT AGENDA.  Minutes ‐ September 3, 2013 ‐ Regular Meeting  Payroll ‐ no report  Monthly Bills ‐ August 29, 2013 ‐ $ 5,277,957.94 ‐ August 29, 2013 #2 ‐ $ 4,542.00  Notification Regarding Next Work Session – October 8, 2013 A discussion will be conducted on a Surplus Property Policy, Downtown Trees, DPW Truck Purchases and Project Updates; and such business as may come before the Council.  Consideration of Homecoming Parades, Manistee Catholic Central School and Manistee High School Both Manistee Catholic Central School (MCC) and Manistee High School (MHS) have requested authorization for their annual homecoming parade on Friday, September 27, 2013. The Police Department has coordinated these parade requests that will begin with MCC at 4:30 p.m. and MHS immediately following. Both parades will begin at Division Street and end on River Street at the Fountain. MOTION by Hornkohl, second by Zaring to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, and Adams NAYS: None | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 16, 2013 CONSIDERATION OF APPROVED DEPOSITORIES FOR CITY FUNDS. City Charter Section 7‐8 requires that Council designate the depositories for City funds. The Finance Director requests that the following financial institutions be approved as designated depositories: Charles Schwab, Flagstar Bank, Honor State Bank, Huntington Bank, MBIA Michigan Class, Northwestern Bank, PNC Bank, Shelby State Bank, UBS, West Michigan Bank & Trust, and West Shore Bank. MOTION by Hornkohl, second by Goodspeed to approve designated depositories for the City of Manistee. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, and Adams NAYS: None CONSIDERATION OF A DECK LEASE WITH THE BOAT HOUSE GRILL. The City of Manistee has had a deck lease agreement with the property owners at 440 River Street for many years that allows a deck from the business to extend over City property to the north. The current agreement with Boat House Grill expired on December 31, 2012. City Administration recommends approval of the agreement and the City Attorney has prepared and approved the lease agreement. MOTION by Hornkohl, second by Goodspeed to approve a deck lease agreement between the City of Manistee and the Boat House Grill, located at 440 River Street for a ten year period; and further authorize the Mayor and City Clerk to execute the lease agreement. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, and Adams NAYS: None CONSIDERATION OF BIDS RECEIVED FOR THE FIRE STATION DOOR REPLACEMENT. The current rear door on the station does not accommodate vehicle entry into the Fire Station. Specs were created and bids were advertised and opened on Tuesday, August 27, 2013. Only one bid was received from Joseph A.A. Helminski Construction Company in the amount of $29,948. This bid came in over the budgeted amount of $26,700. The bidder was asked to remove the electronic opener component and after value engineering the bid was reduced to $26,448. The City Attorney has reviewed and approved the attached contract. MOTION by Zaring, second by Hornkohl to accept the bid of $26,448 from Joseph A.A. Helminski Construction Company to replace the rear door at the Fire Station; and further authorize the Mayor and City Clerk to execute the contract. Brief discussion followed. | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 16, 2013 With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, and Adams NAYS: None A REPORT FROM THE MANISTEE COUNTY COMMUNITY FOUNDATION AND THE CITY CLERK’S OFFICE. Ms. Laura Heintzelman reported on the activities of the Manistee County Community Foundation and responded to questions the Council had regarding their activities. Councilmember Gustad arrived – time 7:23 p.m. Ms. Michelle Wright reported on the activities of the City Clerk’s Office and responded to questions the Council had regarding their activities. PRESENTATION OF THE FOURTH QUARTER INVESTMENT REPORT BY FINANCE DIRECTOR ED BRADFORD. CITIZEN COMMENT. Dennis Skiera – 1453 Maple Road, commented on a water and sewer billing issue at his rental property at 103 Sycamore Street; the meters were disconnected on the unoccupied units; asked Council to direct the billing office to remove the bond debt charges. Tom Geoghan – 286 Dunes Drive, stated that he received a disservice from the City of Manistee in reference to his tax bill; arrangements were made with the bank to make the payment on August 20th; payment was not received until August 23rd; received a balance due notice for the late charges; feels the late charge should not have been applied because the situation was out of his control. OFFICIALS AND STAFF. Deisch expressed his condolences to the former Councilmember Jan Gavlinski’s family on her passing. Bachman commented on the funeral held for Trooper Butterfield this past weekend; stated Manistee shined and came together for this event. COUNCILMEMBERS. Hornkohl and Goodspeed commended all that worked on the Butterfield funeral for a job well done. Kenny, on behalf of the City of Manistee, thanked the police, fire, and all who helped with the funeral; she also was saddened by the passing of Jan Gavlinski who served on the City Council from 1996‐2001 and also served as Mayor Pro‐Tem in 1998‐1999. | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 16, 2013 CONSIDERATION OF ADJOURNING INTO AN EXECUTIVE SESSION. City Manager Mitchell D. Deisch has requested an Executive Session this evening as permitted by the Open Meetings Act, Section 8 (a) for continued discussions on the City Manager’s Annual Evaluation. MOTION by Goodspeed, second by Hornkohl to adjourn to Executive Session. Time: 7:50 p.m. MOTION by Hornkohl, second by Zaring to return to Regular Session. Time: 8:16 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, Adams, and Gustad NAYS: None CONSIDERATION OF CITY MANAGER EMPLOYMENT AGREEMENT. Following completion of the City Manager’s annual evaluation, City Council could consider a revised employment agreement with City Manager Mitchell D. Deisch. MOTION by Hornkohl, second by Zaring to approve an amended employment agreement with City Manager Mitchell D. Deisch (retroactive to 7/1/13) and authorize the Mayor and City Clerk to execute the agreement. With a roll call vote this motion passed, 5‐1. AYES: Kenny, Hornkohl, Zaring, Adams, and Gustad NAYS: Goodspeed ADJOURN. MOTION to adjourn was made by Goodspeed, second by Hornkohl. Meeting adjourned at 8:18 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 4  CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: AUGUST 9/25/2013 City of Manistee 5:38 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 517,628.14 2,887,856.79 1,005,530.20 2,399,954.73 001.002 Cash - Escrow 63,545.15 60.00 7,178.14 56,427.01 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,146.15 2.05 0.00 57,148.20 Total Dept: 000 639,119.44 2,887,918.84 1,012,708.34 2,514,329.94 Fund: 101 639,119.44 2,887,918.84 1,012,708.34 2,514,329.94 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 131,922.76 98,905.27 161,105.15 69,722.88 Total Dept: 000 131,922.76 98,905.27 161,105.15 69,722.88 Fund: 202 131,922.76 98,905.27 161,105.15 69,722.88 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 85,352.15 10,373.69 6,750.00 88,975.84 Total Dept: 000 85,352.15 10,373.69 6,750.00 88,975.84 Fund: 203 85,352.15 10,373.69 6,750.00 88,975.84 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 92,846.83 242.05 70,000.00 23,088.88 Total Dept: 000 92,846.83 242.05 70,000.00 23,088.88 Fund: 204 92,846.83 242.05 70,000.00 23,088.88 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 88,317.57 185,716.03 69,233.62 204,799.98 001.030 Cash Mgt Chk 98,872.71 4.20 0.00 98,876.91 Total Dept: 000 187,190.28 185,720.23 69,233.62 303,676.89 Fund: 226 187,190.28 185,720.23 69,233.62 303,676.89 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 8,214.58 30,000.00 297.50 37,917.08 Total Dept: 000 8,214.58 30,000.00 297.50 37,917.08 Fund: 243 8,214.58 30,000.00 297.50 37,917.08 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 211,828.19 259,416.74 125,000.00 346,244.93 001.020 Money Market 160,448.05 0.00 0.00 160,448.05 Total Dept: 000 372,276.24 259,416.74 125,000.00 506,692.98 Fund: 245 372,276.24 259,416.74 125,000.00 506,692.98 Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash 13,519.82 1,283.80 1,100.00 13,703.62 Total Dept: 000 13,519.82 1,283.80 1,100.00 13,703.62 Fund: 249 13,519.82 1,283.80 1,100.00 13,703.62  CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: AUGUST 9/25/2013 City of Manistee 5:38 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 251 - EPA GRANT - PETROLEUM Dept: 000 001.000 Cash 5,285.53 15,892.50 19,082.51 2,095.52 Total Dept: 000 5,285.53 15,892.50 19,082.51 2,095.52 Fund: 251 5,285.53 15,892.50 19,082.51 2,095.52 Fund: 252 - EPA GRANT - HAZARDOUS Dept: 000 001.000 Cash 0.00 2,890.00 7,100.00 -4,210.00 Total Dept: 000 0.00 2,890.00 7,100.00 -4,210.00 Fund: 252 0.00 2,890.00 7,100.00 -4,210.00 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 204,674.15 251,130.00 437,464.64 18,339.51 Total Dept: 000 204,674.15 251,130.00 437,464.64 18,339.51 Fund: 275 204,674.15 251,130.00 437,464.64 18,339.51 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 2,704.44 2,451.78 3,824.53 1,331.69 Total Dept: 000 2,704.44 2,451.78 3,824.53 1,331.69 Fund: 290 2,704.44 2,451.78 3,824.53 1,331.69 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 38,423.80 80,739.25 32,643.84 86,519.21 004.000 Cash - Petty 500.00 0.00 0.00 500.00 Total Dept: 000 38,923.80 80,739.25 32,643.84 87,019.21 Fund: 296 38,923.80 80,739.25 32,643.84 87,019.21 Fund: 297 - RAMSDELL RESTORATION PROJECT Dept: 000 001.000 Cash 1,516.17 170.00 0.00 1,686.17 Total Dept: 000 1,516.17 170.00 0.00 1,686.17 Fund: 297 1,516.17 170.00 0.00 1,686.17 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 83,373.77 0.00 71,944.98 11,428.79 Total Dept: 000 83,373.77 0.00 71,944.98 11,428.79 Fund: 430 83,373.77 0.00 71,944.98 11,428.79 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 6,713.45 0.00 0.00 6,713.45 Total Dept: 000 6,713.45 0.00 0.00 6,713.45 Fund: 490 6,713.45 0.00 0.00 6,713.45 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 10,674.57 16,310.00 5,495.13 21,489.44 004.000 Cash - Petty 1,001.00 0.00 0.00 1,001.00  CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: AUGUST 9/25/2013 City of Manistee 5:38 pm Account Number Beginning Balance Debit Credit Ending Balance Total Dept: 000 11,675.57 16,310.00 5,495.13 22,490.44 Fund: 508 11,675.57 16,310.00 5,495.13 22,490.44 Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 693,977.17 305,264.70 602,002.39 397,239.48 001.002 Cash - Escrow 30,600.00 600.00 200.00 31,000.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 488,631.85 17.35 0.00 488,649.20 Total Dept: 000 1,213,509.02 305,882.05 602,202.39 917,188.68 Fund: 573 1,213,509.02 305,882.05 602,202.39 917,188.68 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 31,583.53 89,919.53 62,516.50 58,986.56 004.000 Cash - Petty 300.00 0.00 0.00 300.00 Total Dept: 000 31,883.53 89,919.53 62,516.50 59,286.56 Fund: 594 31,883.53 89,919.53 62,516.50 59,286.56 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 387,271.30 23,348.89 77,242.39 333,377.80 001.002 Cash - Escrow 271,273.24 0.00 0.00 271,273.24 Total Dept: 000 658,544.54 23,348.89 77,242.39 604,651.04 Fund: 661 658,544.54 23,348.89 77,242.39 604,651.04 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash 1,591,532.82 4,399,469.82 5,471,927.14 519,075.50 Total Dept: 000 1,591,532.82 4,399,469.82 5,471,927.14 519,075.50 Fund: 703 1,591,532.82 4,399,469.82 5,471,927.14 519,075.50 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 59,128.67 483,649.67 540,280.18 2,498.16 001.005 Cash - NEW Flex \ HRA 9,821.78 13,827.97 13,216.12 10,433.63 001.007 Cash - Federal & State Taxes 2.63 60,735.12 60,734.96 2.79 Total Dept: 000 68,953.08 558,212.76 614,231.26 12,934.58 Fund: 704 68,953.08 558,212.76 614,231.26 12,934.58 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 9,494.57 2,443.44 0.00 11,938.01 Total Dept: 000 9,494.57 2,443.44 0.00 11,938.01 Fund: 705 9,494.57 2,443.44 0.00 11,938.01 Grand Totals: 5,459,226.54 9,222,720.64 8,851,869.92 5,830,077.26