City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 4, 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. 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 18, 2014 regular meeting as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. CITY COUNCIL AGENDA – MARCH 4, 2014 PAGE 1 VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF CITY COUNCIL REVIEW AND APPROVAL OF 2014- 2015 CITY OF MANISTEE STRATEGIC PLAN. In January 2014 City Council, Staff and the Alliance for Economic Success began updating the City of Manistee Strategic Plan for Fiscal Year 2014-2015. Numerous items were removed from the 2013-2014 Strategic Plan that reflected accomplishments over the past year. In addition, several new goals were added to the 2014-2015 Strategic Plan; along with staff identified strategies to address these new goals. Council is being requested to review and approve the 2014-2015 Strategic Plan for the City of Manistee. At this time Council could take action to approve the 2014-2015 City of Manistee Strategic Plan. b.) 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 2014 Cycle I applications is Friday, March 7, 2014. 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 first cycle in 2014. c.) CONSIDERATION OF A RESOLUTION DECLARING CITY INTENTIONS REGARDING CHARGES FOR CITY WATER SERVICES IN MANISTEE TOWNSHIP. The City has been jointly working with the Little River Band of Ottawa Indians (LRBOI) and Manistee Township to upgrade sewer utilities north of M-55 on US- 31 and at the request of Manistee Township, renegotiate the current agreement allowing the City of Manistee to provide water to Manistee Township customers. At this time Council could take action to approve a Resolution Declaring City Intentions Regarding Charges for City Water Services to be Provided to Users in a Proposed Service Area in Manistee Township. CITY COUNCIL AGENDA – MARCH 4, 2014 PAGE 2 d.) CONSIDERATION OF ESTABLISHING COMPENSATION FOR THE BOARD OF REVIEW. The Board of Review is unique among the various City boards and commissions. The Board of Review is established by Charter Section 8-3. That provision of the Charter includes language noting “Their compensation shall be fixed by Council.” The Board of Review regularly meets in full day increments rather than evening meetings. Boards of Review are traditionally compensated while other boards and commissions are not. The City Board of Review currently receives compensation at the rate of $80 per day for members, $90 per day for the Chairperson. This rate has not changed for fifteen years. It has become increasingly more difficult to fill Board of Review vacancies and retain Board of Review members. The responsibilities of the Board of Review have increased, as the legislature continues with various types of exemptions, many of which are finally decided by the Board of Review. The recommended compensation is in the amount of $100 per day for members and $120 per day for the Chairperson. If the Board were to meet for less than three hours, the rate would be for one-half of that amount; $50 and $60 respectively. The Board of Review consists of three members who are taxpaying electors of the City and neither elected nor appointed officials. At this time Council could take action to adjust the compensation rate for Board of Review members to $100 per day for members, $120 per day for the Chairperson; with one-half of that amount paid for meetings of less than three hours. e.) CONSIDERATION OF REVISING COUNCIL POLICY CP-24, RULES OF PROCEDURE FOR BOARD OF REVIEW. The Board of Review Rules of Procedure have not been revised since November of 2007. The areas of revision generally pertain to the following: 1. Since signed original letters or petitions are required, emailed or faxed appeals are not accepted. 2.) One parcel number per petition, if petitions are submitted. 3.) Appellants must supply one copy of written evidence to the Board of Review, City Staff cannot make multiple copies for appeals, during the Board sessions. 4.) Update of contact information. At this time Council could take action to approve the revised Council Policy CP- 24, Rules of Procedure for the Board of Review; effective March 5, 2014. CITY COUNCIL AGENDA – MARCH 4, 2014 PAGE 3 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. *b.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, March 11, 2014 at 7 p.m. A discussion will be conducted on Fireworks Ordinance, Street Funding and Twelfth and Oak Street; and such business as may come before the Council. No action is required on this item. 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 – February 18, 2014 Cash Balances Report City Strategic Plan Local Revenue Sharing Board Applications Resolution of Intent – Manistee Township Board of Review Pay Increase Request Revised CP-24 Board of Review Rules of Procedure CITY COUNCIL AGENDA – MARCH 4, 2014 PAGE 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – FEBRUARY 18, 2014 A regular meeting of the Manistee City Council was called to order by her Honor, Mayor Colleen Kenny on Tuesday, February 18, 2014 at 7:00 p.m. in the City of Manistee Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Edward Cote, Robert Hornkohl, Chip Goodspeed, and Catherine Zaring. ABSENT: Mark Wittlief and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Deputy Clerk – Mary Bachman, Director of Public Safety – Dave Bachman, and City Engineer – Shawn Middleton. Citizen Comments on Agenda Related Items. None received Consent Agenda Minutes - February 4, 2014 - Regular Meeting February 11, 2014 - Work Session Payroll February 3-16, 2014 - $111,510.84 Monthly Bills Notification Regarding Next Work Session. A Council work session has been scheduled for Tuesday, March 11, 2014 at 7 p.m. MOTION by Goodspeed, second by Hornkohl to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYES: None CONSIDERATION OF A REQUEST FROM MR. ED SENG TO AMEND 2008 DEVELOPMENT AGREEMENT. CITY COUNCIL DRAFT MINUTES – FEBRUARY 18, 2014 PAGE 1 Following their February 11, 2014 work session discussion, Staff requested that City Council take formal action on Mr. Seng’s request. Therefore, this item was placed on a tonight’s agenda to take formal action on a request by Mr. Ed Seng to amend the 2008 Development Agreement regarding his property at 200 River Street, Parcel #51-448-735- 01. MOTION by Cote, second by Goodspeed to take action to direct the City Manager and City Attorney to negotiate the terms of an Amendment to the January 25, 2008 Development Agreement between the City of Manistee, Seng Land Company, LLC and Seng Dock & Trucking, Inc. allowing industrial and commercial use; including shipping on Parcel #51-448-735-01, subject to final approval of Council. Discussion followed. With a roll call vote this motion failed 2-3. AYES: Kenny and Cote NAYES: Hornkohl, Goodspeed, and Zaring CONSIDERATION OF PEG COMMISSION BYLAW AMENDMENTS. The PEG Commission took action at their February 10, 2014 meeting to review and approve changes to their bylaws. A copy of the bylaws showing proposed amendments has been attached. Amendments include changing to monthly meetings from bi-monthly meetings. MOTION by Hornkohl, second by Zaring to take action to approve amendments to the bylaws of the Manistee PEG Commission and authorize the Mayor to execute the document. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYES: None CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Historic District Commission, Non-Motorized Transportation Committee, Parks & Beautification Commission, Ramsdell Theatre Governing Authority, Tree Commission and the Zoning Board of Appeals. HISTORIC DISTRICT COMMISSION Two vacancies, one unexpired term ending 02/28/15 and one three-year term ending 02/28/17, applicants must be a City resident; Council appointment. CITY COUNCIL DRAFT MINUTES – FEBRUARY 18, 2014 PAGE 2 None received NON-MOTORIZED TRANSPORTATION COMMITTEE Five vacancies, one unexpired term ending 03/31/15, and four two-year terms ending 03/31/16; Mayoral appointment. Ken Blakey-Shell, 411 Birchwood Drive Mark Tomaszewski, 106 Tamarack Street Mayor Kenny appointed Ken Blakey-Shell to the Non-Motorized Transportation Committee - a two-year term ending 3/31/16, Cote supported. With a roll call vote this appointment was passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYES: None Mayor Kenny appointed Mark Tomaszewski to the Non-Motorized Transportation Committee - a two-year term ending 3/31/16, Hornkohl supported. With a roll call vote this appointment was passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYES: None PARKS & BEAUTIFICATION COMMISSION Two unexpired terms ending 06/30/14 and 06/30/16; Mayoral appointment. Erin M. Pontiac, 1003 Engelman Street Mayor Kenny appointed Erin M. Pontiac to the Parks & Beautification Commission – an unexpired term ending 06/30/16, Cote supported. With a roll call vote this appointment was passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYES: None RAMSDELL THEATRE GOVERNING AUTHORITY Two unexpired terms ending 06/30/15 and 06/30/16; Mayoral appointment. None received CITY COUNCIL DRAFT MINUTES – FEBRUARY 18, 2014 PAGE 3 TREE COMMISSION One vacancy, three-year term ending 12/31/16; Mayoral appointment. None received ZONING BOARD OF APPEALS Alternate Member, one unexpired term ending 05/31/15; Mayoral appointment. Thomas R. Smith, 703 Hopkins Street Mayor Kenny appointed Thomas R. Smith to the Zoning Board of Appeals – Alternate Member, unexpired term ending 05/31/15, Hornkohl supported. With a roll call vote this appointment was passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYES: None A REPORT FROM THE DEPARTMENT OF PUBLIC SAFETY. Chief David Bachman reported on the activities of the Public Safety Department and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Mike Willett, Business owner at 36 East Street; Requested to know what the financial process is going to be for those with water line freeze ups; Kenny stated that each case is different; Deisch stated that information will be brought to the Council for review and will move forward from there. Bruce Schaub, 343 4th Street; submitted an application for the Tree Commission. OFFICIALS AND STAFF. Deisch stated that Mikula has reported 95 Water line freeze ups in the City so far; all of the occupied structures have been cleared and the unoccupied structures will be worked on next; the freeze line is at 78 inches; rain is predicted on Thursday with warmer temperatures which could cause some flooding especially in the French drain areas of the Northside; residents are taking heed to run water; Strategic Plan was given to Council, please review as it will be on the March 4th Agenda. COUNCILMEMBERS. CITY COUNCIL DRAFT MINUTES – FEBRUARY 18, 2014 PAGE 4 Cote thanked the Police Department and the Fire Department for a job well done. Hornkohl extended well wishes to Officer Tom Bruce and his family who are dealing with a medical issue. Kenny asked residents to please continue to run water until further notice. ADJOURN. MOTION to adjourn was made by Cote, second by Hornkohl. Meeting adjourned at 7:42 p.m. Mary Bachman CMC/MMC, LIA Deputy City Clerk/Payroll & Benefits CITY COUNCIL DRAFT MINUTES – FEBRUARY 18, 2014 PAGE 5  CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: JANUARY 2/26/2014 City of Manistee 2:25 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 1,925,336.15 144,031.75 406,365.98 1,663,001.92 001.002 Cash - Escrow 102,492.44 15,344.44 38,412.64 79,424.24 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,124.38 3.91 0.00 57,128.29 Total Dept: 000 2,085,752.97 159,380.10 444,778.62 1,800,354.45 Fund: 101 2,085,752.97 159,380.10 444,778.62 1,800,354.45 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 53,531.29 84,036.56 49,298.22 88,269.63 Total Dept: 000 53,531.29 84,036.56 49,298.22 88,269.63 Fund: 202 53,531.29 84,036.56 49,298.22 88,269.63 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 4,717.36 10,327.49 6,416.67 8,628.18 Total Dept: 000 4,717.36 10,327.49 6,416.67 8,628.18 Fund: 203 4,717.36 10,327.49 6,416.67 8,628.18 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 83,852.34 1,688.92 626.08 84,915.18 Total Dept: 000 83,852.34 1,688.92 626.08 84,915.18 Fund: 204 83,852.34 1,688.92 626.08 84,915.18 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 53,090.95 18,835.42 32,864.97 39,061.40 001.030 Cash Mgt Chk 223,822.43 9.50 0.00 223,831.93 Total Dept: 000 276,913.38 18,844.92 32,864.97 262,893.33 Fund: 226 276,913.38 18,844.92 32,864.97 262,893.33 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 10,910.27 0.00 248.75 10,661.52 Total Dept: 000 10,910.27 0.00 248.75 10,661.52 Fund: 243 10,910.27 0.00 248.75 10,661.52 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 650,961.73 9,018.94 365,548.00 294,432.67 001.020 Money Market 254,947.12 104,834.57 0.00 359,781.69 003.000 CD 500,000.00 0.00 0.00 500,000.00 Total Dept: 000 1,405,908.85 113,853.51 365,548.00 1,154,214.36 Fund: 245 1,405,908.85 113,853.51 365,548.00 1,154,214.36 Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash 14,555.29 549.59 2,514.37 12,590.51 Total Dept: 000 14,555.29 549.59 2,514.37 12,590.51  CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: JANUARY 2/26/2014 City of Manistee 2:25 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 249 14,555.29 549.59 2,514.37 12,590.51 Fund: 251 - EPA GRANT - PETROLEUM Dept: 000 001.000 Cash -868.91 0.00 16,583.33 -17,452.24 Total Dept: 000 -868.91 0.00 16,583.33 -17,452.24 Fund: 251 -868.91 0.00 16,583.33 -17,452.24 Fund: 252 - EPA GRANT - HAZARDOUS Dept: 000 001.000 Cash 19,498.97 0.00 11,926.20 7,572.77 Total Dept: 000 19,498.97 0.00 11,926.20 7,572.77 Fund: 252 19,498.97 0.00 11,926.20 7,572.77 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 308,922.49 34,023.00 11,831.36 331,114.13 Total Dept: 000 308,922.49 34,023.00 11,831.36 331,114.13 Fund: 275 308,922.49 34,023.00 11,831.36 331,114.13 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 9,475.41 900.33 3,333.33 7,042.41 Total Dept: 000 9,475.41 900.33 3,333.33 7,042.41 Fund: 290 9,475.41 900.33 3,333.33 7,042.41 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 18,266.44 13,128.88 13,199.63 18,195.69 001.020 Money Market 0.71 0.00 0.00 0.71 004.000 Cash - Petty 500.00 0.00 0.00 500.00 Total Dept: 000 18,767.15 13,128.88 13,199.63 18,696.40 Fund: 296 18,767.15 13,128.88 13,199.63 18,696.40 Fund: 297 - FRIENDS OF THE RAMSDELL Dept: 000 001.000 Cash 1,515.73 0.07 0.00 1,515.80 Total Dept: 000 1,515.73 0.07 0.00 1,515.80 Fund: 297 1,515.73 0.07 0.00 1,515.80 Fund: 401 - 2010 CAPITAL IMPROVEMENT BONDS Dept: 000 001.000 Cash 6,837.88 0.32 0.00 6,838.20 Total Dept: 000 6,837.88 0.32 0.00 6,838.20 Fund: 401 6,837.88 0.32 0.00 6,838.20 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 12,272.65 365,563.74 39,151.78 338,684.61 Total Dept: 000 12,272.65 365,563.74 39,151.78 338,684.61 Fund: 430 12,272.65 365,563.74 39,151.78 338,684.61 Fund: 490 - RENAISSANCE PARK  CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: JANUARY 2/26/2014 City of Manistee 2:25 pm Account Number Beginning Balance Debit Credit Ending Balance Dept: 000 001.000 Cash 10,455.10 0.40 1,871.96 8,583.54 Total Dept: 000 10,455.10 0.40 1,871.96 8,583.54 Fund: 490 10,455.10 0.40 1,871.96 8,583.54 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 10,824.77 0.50 132.07 10,693.20 004.000 Cash - Petty 1.00 0.00 0.00 1.00 Total Dept: 000 10,825.77 0.50 132.07 10,694.20 Fund: 508 10,825.77 0.50 132.07 10,694.20 Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 32,932.35 354,026.32 156,624.71 230,333.96 001.002 Cash - Escrow 30,000.00 800.00 1,200.00 29,600.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 488,448.29 32.93 0.00 488,481.22 Total Dept: 000 551,680.64 354,859.25 157,824.71 748,715.18 Fund: 573 551,680.64 354,859.25 157,824.71 748,715.18 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 26,528.79 32,387.38 41,841.14 17,075.03 Total Dept: 000 26,528.79 32,387.38 41,841.14 17,075.03 Fund: 594 26,528.79 32,387.38 41,841.14 17,075.03 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 387,243.05 23,805.35 26,954.73 384,093.67 Total Dept: 000 387,243.05 23,805.35 26,954.73 384,093.67 Fund: 661 387,243.05 23,805.35 26,954.73 384,093.67 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash 225,975.81 999,110.38 995,059.91 230,026.28 Total Dept: 000 225,975.81 999,110.38 995,059.91 230,026.28 Fund: 703 225,975.81 999,110.38 995,059.91 230,026.28 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 40,626.75 445,934.34 435,126.08 51,435.01 001.005 Cash - NEW Flex \ HRA 9,294.07 15,094.12 15,566.18 8,822.01 001.007 Cash - Federal & State Taxes 1.52 53,514.36 53,514.21 1.67 Total Dept: 000 49,922.34 514,542.82 504,206.47 60,258.69 Fund: 704 49,922.34 514,542.82 504,206.47 60,258.69 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 6.01 1,529.46 302.05 1,233.42 Total Dept: 000 6.01 1,529.46 302.05 1,233.42 Fund: 705 6.01 1,529.46 302.05 1,233.42  CASH TRANSACTIONS REPORT DRAFT Page: 4 MONTH: JANUARY 2/26/2014 City of Manistee 2:25 pm Account Number Beginning Balance Debit Credit Ending Balance Grand Totals: 5,575,200.63 2,728,532.97 2,726,514.35 5,577,219.25