City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, MAY 20, 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. 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 May 6, 2014 regular meeting and the May 13, 2014 work session as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. VII. Unfinished Business. CITY COUNCIL AGENDA – MAY 20, 2014 PAGE 1 VIII. New Business. a.) CONSIDERATION OF A PARCEL SPLIT FOR ROY E. HENDERSON. On May 1, 2014 the Planning Commission met to review a request from Roy E. Henderson for a parcel split. Mr. Henderson purchased 9.36 acres (+/-) of parcel 51-0174-708-09 from the State of Michigan in 2012. The parcel that Mr. Henderson purchased has been placed on the tax roll (using the legal description from the Quit Claim Deed) and has been assigned parcel code number 51-174- 708-10. The Planning Commission recommends approval of this parcel split. At this time Council could take action to approve the request from Roy E. Henderson for a parcel split using the legal description from the State of Michigan Quit Claim Deed to Roy E. Henderson; recorded at the Register of Deeds Office on November 15, 2012. b.) CONSIDERATION OF DOWNTOWN DEVELOPMENT AUTHORITY BYLAW AMENDMENT. On April 9, 2014 the Downtown Development Authority took action to amend their bylaws, Article IV, Section 2. Regular Meetings removing “on the first Wednesday of each month” and adding “on the second Wednesday of each month.” This is the only amendment made to the bylaws at this time. At this time Council could take action to adopt bylaws for the Manistee Downtown Development Authority. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE PEG COMMISSION AND THE ALTERNATIVES FOR AREA YOUTH. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. Keith Brown will report on the activities of the PEG Commission and respond to any questions the Council may have regarding their activities. At this time Ms. Sheila Kaminski will report on the activities of the Alternatives for Area Youth (AAY) and respond to any questions the Council may have regarding their activities. No action is required on this item. CITY COUNCIL AGENDA – MAY 20, 2014 PAGE 2 *b.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, June 10, 2014 at 7 p.m. A discussion will be conducted on Street Funding, Project Updates; 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 – May 6, 2014 Council Work Session Minutes – May 13, 2014 Henderson Parcel Split Request DDA Bylaw Amendment Request CITY COUNCIL AGENDA – MAY 20, 2014 PAGE 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 6, 2014 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, May 6, 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, and Mark Wittlieff (arrived at 7:03 p.m.) ABSENT: Eric Gustad ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – Richard Wilson, City Clerk – Michelle Wright, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, and City Engineer – Shawn Middleton/Spicer Group AMEND AGENDA. MOTION by Zaring, second by Goodspeed to amend the order of the agenda by moving item VIII. b.) Consideration of Proposed MSDDA Budget for Fiscal Year 2014‐2015 to the first item under New Business. The reason for this change is because the MSDDA budget is included within the City budget and should be approved first. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, and Zaring NAYS: None Councilman Wittlieff arrived at 7:03 p.m. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Judy Carl – 159 Quincy Street commented on the budget stating that the economy is not the whole cause of the City’s problems, but because of poor decisions; asked Council to take responsibility. CONSENT AGENDA.  Minutes ‐ April 15, 2014 ‐ Regular Meeting ‐ April 15, 2014 ‐ Work Session ‐ April 22, 2014 ‐ Work Session ‐ April 29, 2014 ‐ Work Session  Payroll ‐ April 14‐27, 2014 ‐ $ 111,325.18 | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 6, 2014  Monthly Bills ‐ March 27, 2014 ‐ $ 1,568,700.99 ‐ April 10, 2014 ‐ $ 301,606.90 ‐ April 29, 2014 ‐ $ 236,748.39  Cash Balances Report ‐ March 2014  Notification Regarding Next Work Session – May 13, 2014 A discussion will be conducted on Commercial Fire Inspections; and such business as may come before the Council.  Consideration of the United Veterans Council Annual Memorial Day Parade. The United Veterans Council has requested authorization to conduct the Annual Memorial Day Parade on Monday, May 26, 2014 in recognition of veterans and their service to our country. The parade will commence at 10 a.m. at the corner of River and Division Street, travel west along River Street, cross the Maple Street Bridge to the Veterans Memorial. MOTION by Hornkohl, second by Zaring to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, and Wittlieff NAYS: None CONSIDERATION OF PROPOSED MSDDA BUDGET FOR FISCAL YEAR 2014‐2015. The Manistee Main Street Downtown Development Authority Board of Directors approved their 2014‐ 2015 Fiscal Year Budget at their meeting of April 30, 2014 to be presented to City Council. The board is now requesting that City Council approve the budget as presented. City Code of Ordinance No. 282.09 (b) requires the DDA to submit their annual budget to Council by the same date that the City Budget is required by Charter to be approved which is May 15. MOTION by Hornkohl, second by Goodspeed to take action to approve the MSDDA’s 2014‐2015 Fiscal Year Budget. Questions were asked regarding the timeliness of this budget, clarification of the new DDA direction, and downtown trees. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, and Wittlieff NAYS: None CONSIDERATION OF ADOPTING THE 2014‐2015 BUDGET AND CAPITAL IMPROVEMENT PLAN. Under Section 7‐4 of the Charter, the annual budget must be adopted before May 15 of each year. The budget has been the subject of multiple work sessions and a public hearing. | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 6, 2014 MOTION by Hornkohl, second by Zaring to adopt a resolution approving the 2014‐2015 Budget and Capital Improvement Plan for the City of Manistee. Questions asked about inclusion or removal of a utility trailer and pump, whether these items should be included in the Motor Pool, and the wage increases for employees. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, and Wittlieff NAYS: None CONSIDERATION OF A LETTER OF SUPPORT, LITTLE RIVER BAND OF OTTAWA INDIANS SEWER PROJECT. On November 7, 2012 the Manistee City Council passed a resolution supporting a collaborative multi‐ governmental concept that would allow for a current force main sewer along US‐31 in Manistee Township to be replaced by a gravity sewer by the Little River Band of Ottawa Indians. Federal and State jurisdictional matters threaten to jeopardize or delay this project. A letter of support from City Council has been requested and has been prepared. MOTION by Hornkohl, second by Goodspeed to sign a letter of support regarding the proposed sewer upgrades in Manistee Township north of M‐55 as proposed by the Little River Band of Ottawa Indians. Brief discussion followed. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, and Wittlieff NAYS: None PRESENTATION OF THIRD QUARTER FINANCIAL AND INVESTMENT REPORT BY FINANCE DIRECTOR ED BRADFORD. CITIZEN COMMENT. Patrick Kay, MSDDA Director, commented on various happenings in the downtown area. Christa Johnson, chair of the Non‐Motorized Transportation Committee, presented Council with the Governor’s Council Active Community Award that was recently given to the City. Carol Pasco – 610 Spruce Street stated that Manistee is a wonderful place to live, it is a small city but has lots to offer; she also commended Council for the job they have done. OFFICIALS AND STAFF. Deisch stated that dredging is occurring at the marina and a portion of the Riverwalk is detoured; the First Street boat launch is now open also. | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 6, 2014 COUNCILMEMBERS. Hornkohl echoed Ms. Pasco’s comments, has heard a lot of good comments on Manistee. Zaring thanked Rachel Estabrook for organizing trash cleanup on the Riverwalk. Wittlieff had a couple of safety concerns: 1) River Street ‐ can the speed limit be lowered in downtown area, and 2) deer in town – they are a nuisance to drivers, bikers, and joggers. Deisch will put this on an upcoming work session agenda for discussion. Kenny thanked Deisch, Bradford, and department directors for all of the time and effort put into the budget. ADJOURN. MOTION to adjourn was made by Cote, second by Goodspeed. Meeting adjourned at 8:02 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 4  MANISTEE CITY COUNCIL WORK SESSION MINUTES OF MAY 13, 2014 The Manistee City Council met in a work session on Tuesday, May 13, 2014 at 7 p.m., Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan 49660. MEMBERS PRESENT: Colleen Kenny, Eric Gustad, Bob Hornkohl, Catherine Zaring, Ed Cote, Robert Goodspeed, Mark Wittlieff MEMBERS ABSENT: None OTHERS PRESENT: Department Directors, City Attorney, City Engineer, Media and Public Public Comments. None. Discussion on Commercial Fire Inspections. Public Safety Director Dave Bachman addressed the Council on the subject of commercial fire inspections. Discussed new law on commercial fire suppression systems. Will begin notifying businesses that are not in compliance with the goal of full compliance by January 1, 2015. May need to write enforcement tickets to obtain full compliance. Consensus: Council is in full support. Discussion on Run Water / Frozen Pipe Invoices. Public Works Director Jeff Mikula addressed the Council on the subject of outstanding invoices for thawing froze pipes and other related expenses from the run water directive. Consensus: Council supported concept of all water freeze-ups on or after February 10, 2014 would be responsible for actual contractor costs. Extreme and unusual situations would be handled on a case by case basis by administration. Miscellaneous Discussions. Councilmember Wittlieff discussed the request from the Lions Club for the City to assist in the cost of a fireplace in their new pavilion. DPW Director Jeff Mikula will take this item to the Parks and Beautification Commission for their opinion on reprioritizing budgeted funds for the inclusion of the fireplace and that the Parks Department and administration will make the final determination. A brief update on the status of street funding discussions was given by Mr. Mikula. Adjourned at 8 p.m. Respectfully submitted, Mitchell D. Deisch, City Manager MDD:cl Council Work Session - May 13, 2014 Page 1  MEMORANDUM 231.398.2805 City of Manistee Planning & Zoning Administrator Fax 231.723-1546 dblakeslee@manisteemi.gov www.manisteemi.gov TO: Planning Commissioners FROM: Denise Blakeslee, Planning & Zoning DATE: April 15, 2014 RE: Roy E. Henderson, Parcel Split Request Commissioners, we have received a request from Roy E. Henderson for a Parcel Split. Mr. Henderson purchased 9.36 acres +/- of parcel #51-174-708-09 from the State of Michigan in 2012. Staff has been working with the City Attorney, Mr. Henderson and the State to obtain the necessary paperwork to process the parcel split. The property that Mr. Henderson purchased does not have frontage on U.S. 31. A site plan prepared by Midwestern Consulting dated 2/13/14 Job No. 05268-68329 shows that an easement exists over parcel #51-101-275-03 (A Storage Inn) that provides the necessary access to the property as required in Section 510 Access to Public Streets. SECTION 510 ACCESS TO PUBLIC STREETS In every Zoning District, every use, building or structure established after the effective date of this Ordinance shall be located on a parcel which abuts a public road or a private road or easement which provides access to a public road, such private road or easement being at least sixty-six (66) feet in width, unless a lesser width was duly established of record prior to the effective date of this Ordinance or as part of a Planned Unit Development, provided that private easements in all cases shall be at least twenty (20) feet in width. The remaining portion of the State Police Post property has been reviewed for compliance with the Zoning Ordinance. Staff has determined the requirements of the ordinance have been met except for minimum lot width (street frontage). The split did not create this condition; the parcel has been and will continue to be a legal non-conforming parcel with regards to street frontage. The parcel that Mr. Henderson purchased has been placed on the tax roll (using the legal description from the Quit Claim Deed) and has been assigned Parcel Code #51-174-708-10. Until approval has been received from the Planning Commission and City Council Mr. Henderson is unable to lease or expand the use of the property. Page 1 of 2  State Police Post 51-174-708-09 Henderson Property 51-174-708-10 Approximate Location of Easement/Access Page 2 of 2