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City Council

Regular Meeting

Manistee, MI · January 7, 2014

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Minutes

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – January 7, 2014 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, January 7, 2014 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, Robert Goodspeed, Catherine Zaring, Mark Wittlieff, and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, and DPW Director – Jeff Mikula. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. None received. CONSENT AGENDA.  Minutes ‐ December 17, 2013 ‐ Regular Meeting  Payroll ‐ Dec. 23, 2013 ‐ Jan. 5, 2014 ‐ $ 118,513.78  Cash Balances Report ‐ November 2013  Notification Regarding Next Work Session – January 14, 2014 A discussion will be conducted on Peninsula District Zoning & Use, City Council Strategic Plan, Project Updates; and such business as may come before the Council.  Consideration of Downtown Development Authority Membership. City Council appointed Rachel Estabrook to the Downtown Development Authority (DDA) as an at large member in October 2013 for a term ending 06/30/17. Since her appointment she has moved her residence to the downtown district. The DDA currently has a vacancy for a resident member and has requested that Council formally change Ms. Estabrook’s designation to the resident member position, keeping her term the same. Applications can then be advertised and received for the open at large position. MOTION by Hornkohl, second by Cote to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None | Page 1 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – January 7, 2014 CONSIDERATION OF A UTILITY SERVICE CONTRACT WITH MEIJER REALTY CO. AND GOOD WILL CO., INC. A contract between the City of Manistee, Meijer Realty Co. and Good Will Co., Inc. has been negotiated to provide water and sewer utilities to the proposed new store at the corner of M‐55 and US‐31 in Manistee Township. The contract includes connection fees, establishes utility rates, and a 17 year payment schedule. City Attorney George Saylor and City Utility Attorney Scott Smith have reviewed and approved this contract. MOTION by Hornkohl, second by Zaring to approve a Utility Service Contract with Meijer Realty Co. and Good Will Co., Inc.; and authorize the Mayor and City Clerk to execute the contract. Brief discussion followed. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None A REPORT FROM THE RAMSDELL GOVERNING AUTHORITY. Mr. Mike Terry reported on the activities of the Ramsdell Governing Authority and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Ross Spencer – 328 Eighth Street commented on the minutes from the December 3, 2013 Council meeting stating that they were altered and didn’t accurately reflect what was voted on. OFFICIALS AND STAFF. Deisch stated that items to be discussed at the January 14, 2014 work session will include the Strategic Plan and the Peninsula District Zoning & Use. COUNCILMEMBERS. Hornkohl thanked the Street Department on the wonderful job they have done the last 3‐4 days. Wittlieff thanked everyone involved in the Meijer project. Gustad also appreciated the work done by the Street Department and for the updates received on the crew scheduling. Kenny thanked those in attendance this evening, braving the weather. | Page 2 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – January 7, 2014 ADJOURN. MOTION to adjourn was made by Goodspeed, second by Hornkohl. Meeting adjourned at 7:40 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 3

Agenda

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 7, 2014 – 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 Downtown Development Authority Membership. At this time Council could take action to approve the Consent Agenda as presented. *V. Approval of Minutes. Approval of the minutes of the December 17, 2013 regular meeting as attached. CITY COUNCIL AGENDA – JANUARY 7, 2014 PAGE 1 VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF A UTILITY SERVICE CONTRACT WITH MEIJER REALTY CO. AND GOOD WILL CO., INC. A contract between the City of Manistee, Meijer Realty Co. and Good Will Co., Inc. has been negotiated to provide water and sewer utilities to the proposed new store at the corner of M-55 and US-31 in Manistee Township. The contract includes connection fees, establishes utility rates, and a 17 year payment schedule. City Attorney George Saylor and City Utility Attorney Scott Smith have reviewed and approved this contract. At this time Council could take action to approve a Utility Service Contract with Meijer Realty Co. and Good Will Co., Inc.; and authorize the Mayor and City Clerk to execute the contract. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE RAMSDELL GOVERNING AUTHORITY. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. Mike Terry will report on the activities of the Ramsdell Governing Authority 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, January 14, 2014 at 7 p.m. A discussion will be conducted on Peninsula District Zoning & Use, City Council Strategic Plan, Project Updates; and such business as may come before the Council. No action is required on this item. CITY COUNCIL AGENDA – JANUARY 7, 2014 PAGE 2 *c.) CONSIDERATION OF DOWNTOWN DEVELOPMENT AUTHORITY MEMBERSHIP. City Council appointed Rachel Estabrook to the Downtown Development Authority (DDA) as an at large member in October 2013 for a term ending 06/30/17. Since her appointment she has moved her residence to the downtown district. The DDA currently has a vacancy for a resident member and has requested that Council formally change Ms. Estabrook’s designation to the resident member position, keeping her term the same. Applications can then be advertised and received for the open at large position. At this time Council could take action to formally change Rachel Estabrook’s DDA membership from an at large member to a resident member. 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 – December 17, 2013 Cash Balances Report Meijer Utility Services Contract Request to Change DDA Membership CITY COUNCIL AGENDA – JANUARY 7, 2014 PAGE 3 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – December 17, 2013 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, December 17, 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, and Mark Wittlieff. ABSENT: Edward Cote and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, City Assessor – Julie Beardslee, Public Safety Director – Dave Bachman, and City Engineer ‐ Shawn Middleton/Spicer Group. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. None received. CONSENT AGENDA.  Minutes ‐ December 3, 2013 ‐ Regular Meeting ‐ December 10, 2013 ‐ Work Session  Payroll ‐ Nov. 25 – Dec. 08, 2013 ‐ $ 131,116.69  Monthly Bills ‐ November 6, 2013 ‐ $ 332,211.82 ‐ November 26, 2013 ‐ $ 731,442.54  Notification Regarding Next Work Session – January 14, 2014 A discussion will be conducted on the Clerk/Treasurer White Paper, Project Updates; and such business as may come before Council. MOTION by Hornkohl, second by Goodspeed to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, Wittlieff NAYS: None CONSIDERATION OF CONTRACT AWARD, SWIDORSKI BROTHERS, MUNICIPAL MARINA DREDGING. The City has received funding from the State of Michigan to dredge 300 cubic yards of material from the City Marina slips. This will allow for sufficient depth at our biggest docks to handle the large deep draft boats. All funding is coming from the State of Michigan and Swidorski Brothers is the low bidder. Work will be completed in the spring of 2014. The City Attorney has reviewed and approved the contract. | Page 1 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – December 17, 2013 MOTION by Hornkohl, second by Goodspeed to award a contract in the amount of $48,500 to Swidorski Brothers to dredge approximately 300 cubic yards of material from the Municipal Marina boat slips. Brief discussion followed. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, Wittlieff NAYS: None CONSIDERATION OF THE PURCHASE AND INSTALLATION OF A 100KW GENERATOR FOR CITY HALL. Grant funds in the amount of $20,718 have been awarded to the City from Region 7 Emergency Management toward a 45KW gas generator for police operations. A capital improvement amount of $15,000 has been budgeted to upgrade the project to a 100KW gas generator to run all of City Hall. The generator will be purchased from Graham Electric at a cost of $27,810. The State of Michigan is requesting that Graham Electric receive this bid. The electrical work will be performed by our Electrician of Record, Top Line for $5,600 and the gas work by Custom Sheet Metal, our Heating Contractor of Record for $2,100. Total project cost to upgrade to the 100KW is $35,718. MOTION by Hornkohl, second by Goodspeed to support and approve the purchase and installation of a 100KW natural gas generator for City Hall at a project cost of $35,718. Questions were raised about the bidding process. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, Wittlieff NAYS: None CONSIDERATION OF A RIVERFRONT LEASE, 556 FIRST STREET. Todd and Cynthia Lloyd have made an offer to purchase the property at 556 First Street contingent upon obtaining a Riverfront Lease from the City. The City has traditionally allowed a 30 foot Residential Riverfront Lease to adjoining property owners in this area. The current Riverfront leases are for a five‐year period (2013‐2017). Staff recommends that if Council were to grant a lease to Mr.& Mrs. Lloyd that it is for a four‐year period of time so that all of the leases maintain the same renewal dates. A lease has been prepared by the City Attorney. MOTION by Hornkohl, second by Zaring to authorize the Mayor and City Clerk to execute a Riverfront Lease with Todd and Cynthia Lloyd upon the purchase of the property at 556 First Street. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, Wittlieff NAYS: None | Page 2 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – December 17, 2013 CONSIDERATION OF CITY COUNCIL RESOLUTION TO APPROVE OF POVERTY EXEMPTION GUIDELINES (INCLUDING FEDERAL POVERTY INCOME STANDARDS FOR 2014 ASSESSMENTS AND ASSET LEVEL FOR 2014 ASSESSMENTS). The adoption of the Resolution of Guidelines for Poverty Exemption from Property Tax for 2014 Assessed and Taxable Values is required of the Manistee City Council in order for the Board of Review to grant poverty exemptions from property taxation. The homestead of persons who the Board of Review determines by reason of poverty to be unable to contribute to the public charge, is eligible for exemption in whole or in part from taxation under Public Act 390, 1994 (MCL 211.7u). The guidelines include, but are not limited to, the specific income and asset levels of the claimant and all persons residing in the household. MOTION by Hornkohl, second by Goodspeed to approve the Resolution of Guidelines for Poverty Exemption from Property Tax for 2014 Assessed and Taxable Value. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Goodspeed, Zaring, Wittlieff NAYS: None CONSIDERATION OF COUNCIL COMMITTEE APPOINTMENTS. Mayor Kenny made the following Council Committee appointments: Alternatives for Area Youth – Deisch Auditing Committee – Kenny, Goodspeed, Cote Local Revenue Sharing Board – Kenny MRA Board – Deisch AES Board – Deisch Oil & Gas Investment Board – Kenny, Zaring, Bradford Ordinance Committee – Gustad, Wittlieff, Zaring Personnel Committee – Hornkohl, Kenny, Gustad Utilities Committee – Cote, Gustad, Hornkohl 911 Board Authority ‐ Goodspeed A REPORT FROM THE CITY MANAGER. The City Manager’s Office annually prepares a review of calendar year activities. That review provides City Council and the Community an opportunity to step back from day to day activities and take a longer look at what has been accomplished. City Manager Mitchell D. Deisch and Staff have compiled a comprehensive report on the 2013 Highlights for the City of Manistee. CITIZEN COMMENT. Ed Seng / Seng Dock & Trucking commented on the peninsula property; has an opportunity to re‐open | Page 3 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – December 17, 2013 part for shipping pulp wood; opportunity for jobs and new businesses. Questions were asked about the amount of thru traffic; concerns voiced about the amount of money put into this location. This will be discussed further at the January 14, 2014 work session. Mark Solden introduced himself as the new Manistee County Road Commission Manager. OFFICIALS AND STAFF. Beardslee updated business owners on the personal property tax exemption. COUNCILMEMBERS. None received. ADJOURN. MOTION to adjourn was made by Goodspeed, second by Hornkohl. Meeting adjourned at 8:25 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 4 CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: NOVEMBER 1/2/2014 City of Manistee 9:40 am Account Number Beginning Balance Debit Credit Ending Balance Fund: 100 - A\P PAYING FUND Dept: 000 001.000 Cash 4,223.99 1,063,662.56 1,063,654.36 4,232.19 Total Dept: 000 4,223.99 1,063,662.56 1,063,654.36 4,232.19 Fund: 100 4,223.99 1,063,662.56 1,063,654.36 4,232.19 Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 2,343,934.89 125,061.03 472,846.53 1,996,149.39 001.002 Cash - Escrow 56,853.11 15,465.25 537.00 71,781.36 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,150.48 0.84 0.00 57,151.32 Total Dept: 000 2,458,738.48 140,527.12 473,383.53 2,125,882.07 Fund: 101 2,458,738.48 140,527.12 473,383.53 2,125,882.07 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 67,858.10 30,623.92 34,659.27 63,822.75 Total Dept: 000 67,858.10 30,623.92 34,659.27 63,822.75 Fund: 202 67,858.10 30,623.92 34,659.27 63,822.75 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 40,130.17 10,983.95 6,750.00 44,364.12 Total Dept: 000 40,130.17 10,983.95 6,750.00 44,364.12 Fund: 203 40,130.17 10,983.95 6,750.00 44,364.12 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 24,475.75 2.01 0.00 24,477.76 Total Dept: 000 24,475.75 2.01 0.00 24,477.76 Fund: 204 24,475.75 2.01 0.00 24,477.76 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 215,898.86 14,483.62 44,217.45 186,165.03 001.030 Cash Mgt Chk 98,885.17 4.06 0.00 98,889.23 Total Dept: 000 314,784.03 14,487.68 44,217.45 285,054.26 Fund: 226 314,784.03 14,487.68 44,217.45 285,054.26 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 66,532.58 0.00 44,614.56 21,918.02 Total Dept: 000 66,532.58 0.00 44,614.56 21,918.02 Fund: 243 66,532.58 0.00 44,614.56 21,918.02 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 69,435.52 6,520.91 0.00 75,956.43 001.020 Money Market 302,205.09 0.00 0.00 302,205.09 Total Dept: 000 371,640.61 6,520.91 0.00 378,161.52 Fund: 245 371,640.61 6,520.91 0.00 378,161.52 CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: NOVEMBER 1/2/2014 City of Manistee 9:40 am Account Number Beginning Balance Debit Credit Ending Balance Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash 10,706.39 85.43 0.00 10,791.82 Total Dept: 000 10,706.39 85.43 0.00 10,791.82 Fund: 249 10,706.39 85.43 0.00 10,791.82 Fund: 251 - EPA GRANT - PETROLEUM Dept: 000 001.000 Cash -1,688.24 1,593.64 0.00 -94.60 Total Dept: 000 -1,688.24 1,593.64 0.00 -94.60 Fund: 251 -1,688.24 1,593.64 0.00 -94.60 Fund: 252 - EPA GRANT - HAZARDOUS Dept: 000 001.000 Cash -18,512.27 17,670.55 252.00 -1,093.72 Total Dept: 000 -18,512.27 17,670.55 252.00 -1,093.72 Fund: 252 -18,512.27 17,670.55 252.00 -1,093.72 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 4,671.49 41,345.00 41,110.30 4,906.19 Total Dept: 000 4,671.49 41,345.00 41,110.30 4,906.19 Fund: 275 4,671.49 41,345.00 41,110.30 4,906.19 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 15,113.65 6,847.25 3,347.44 18,613.46 Total Dept: 000 15,113.65 6,847.25 3,347.44 18,613.46 Fund: 290 15,113.65 6,847.25 3,347.44 18,613.46 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 77,557.99 27,050.17 40,437.63 64,170.53 004.000 Cash - Petty 500.00 0.00 0.00 500.00 Total Dept: 000 78,057.99 27,050.17 40,437.63 64,670.53 Fund: 296 78,057.99 27,050.17 40,437.63 64,670.53 Fund: 297 - FRIENDS OF THE RAMSDELL Dept: 000 001.000 Cash 1,686.29 0.07 34.00 1,652.36 Total Dept: 000 1,686.29 0.07 34.00 1,652.36 Fund: 297 1,686.29 0.07 34.00 1,652.36 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 299,390.73 11.30 17,469.98 281,932.05 Total Dept: 000 299,390.73 11.30 17,469.98 281,932.05 Fund: 430 299,390.73 11.30 17,469.98 281,932.05 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 4,841.87 0.19 0.00 4,842.06 CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: NOVEMBER 1/2/2014 City of Manistee 9:40 am Account Number Beginning Balance Debit Credit Ending Balance Total Dept: 000 4,841.87 0.19 0.00 4,842.06 Fund: 490 4,841.87 0.19 0.00 4,842.06 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 2,766.21 0.09 403.89 2,362.41 004.000 Cash - Petty 1.00 0.00 0.00 1.00 Total Dept: 000 2,767.21 0.09 403.89 2,363.41 Fund: 508 2,767.21 0.09 403.89 2,363.41 Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 782,625.35 260,445.32 770,593.25 272,477.42 001.002 Cash - Escrow 32,200.00 2,000.00 0.00 34,200.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 488,669.04 7.65 0.00 488,676.69 Total Dept: 000 1,303,794.39 262,452.97 770,593.25 795,654.11 Fund: 573 1,303,794.39 262,452.97 770,593.25 795,654.11 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 45,313.48 181.77 1,943.62 43,551.63 Total Dept: 000 45,313.48 181.77 1,943.62 43,551.63 Fund: 594 45,313.48 181.77 1,943.62 43,551.63 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 349,737.82 23,348.27 487.50 372,598.59 001.002 Cash - Escrow 271,273.24 0.00 0.00 271,273.24 Total Dept: 000 621,011.06 23,348.27 487.50 643,871.83 Fund: 661 621,011.06 23,348.27 487.50 643,871.83 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash 65,330.04 58,769.91 42,876.26 81,223.69 Total Dept: 000 65,330.04 58,769.91 42,876.26 81,223.69 Fund: 703 65,330.04 58,769.91 42,876.26 81,223.69 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 14,197.85 577,568.62 551,697.95 40,068.52 001.005 Cash - NEW Flex \ HRA 11,734.59 6,105.51 5,722.32 12,117.78 001.007 Cash - Federal & State Taxes 28,553.45 54,301.03 82,851.03 3.45 Total Dept: 000 54,485.89 637,975.16 640,271.30 52,189.75 Fund: 704 54,485.89 637,975.16 640,271.30 52,189.75 Grand Totals: 5,835,353.68 2,344,139.92 3,226,506.34 4,952,987.26

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