City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 18, 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.) Monthly Bills. 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 November 5, 2014 regular meeting and the November 12, 2014 organizational meeting as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) MONTHLY BILLS. CITY COUNCIL AGENDA – NOVEMBER 18, 2014 PAGE 1 VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF AUTHORIZING THE MDOT STATE TRUNKLINE MAINTENANCE CONTRACT. The City of Manistee maintains that portion of US-31 that runs through the City limits under a contract with the Michigan Department of Transportation (MDOT). The current contract expired September 30, 2014. The new agreement under consideration would continue for five years, through September 30, 2019. The Council must also designate someone as the Maintenance Superintendent who will supervise all work covered by the contract. Historically, that person has been the DPW Director. The contract has been reviewed and approved by the City Attorney. At this time Council could take action to authorize the execution of the State Trunkline Maintenance Contract with the Michigan Department of Transportation for the period of October 1, 2014 through September 30, 2019 by the Mayor and City Clerk; and further designate DPW Director Jeffrey Mikula as the Maintenance Superintendent for the City of Manistee. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE 2-1-1 ACTION TEAM. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Ms. Evelyn Szpliet will report on the activities of the 2-1-1- Action Team 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, December 9, 2014 at 7 p.m. A discussion will be conducted on Assessing Services and Recycling Contract; and such business as may come before the Council. No action is required on this item. CITY COUNCIL AGENDA – NOVEMBER 18, 2014 PAGE 2 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 – November 5, 2014 Council Organizational Meeting Minutes – November 12, 2014 2014-10-09 Monthly Bills 2014-10-23 Monthly Bills MDOT Trunkline Maintenance Contract CITY COUNCIL AGENDA – NOVEMBER 18, 2014 PAGE 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 5, 2014 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Wednesday, November 5, 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, City Assessor – Julie Beardslee, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, and Public Safety Director – Dave Bachman. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Julie Beardslee – City Assessor submitted a letter to City Council regarding her separation agreement; 01/30/2015 is her planned retirement date; asked Council to contact her with any questions regarding replacing the City assessor; thanked the citizens of Manistee, stating they have been very kind to her. CONSENT AGENDA.  Minutes ‐ October 21, 2014 ‐ Regular Meeting  Payroll ‐ October 13‐26, 2014 ‐ $ 117,115.10  Cash Balances Report ‐ September 2014  Notification Regarding Next Work Session – December 9, 2014 There is no work session in November. A Council work session has been scheduled for Tuesday, December 9, 2014 at 7 p.m. A discussion will be conducted on the Recycling Contract; and such business as may come before the Council.  Consideration of Annual Victorian Sleighbell Parade and Old Christmas Weekend The Manistee Main Street Downtown Development Authority requests authorization to conduct the 26th Annual Victorian Sleighbell Parade and Old Christmas Weekend on December 4‐7, 2014.The Committee has requested various street closures and other assistance from City personnel. This annual event includes a parade along River Street on Saturday, followed by a fireworks display. Many other activities throughout the weekend highlight our Victorian heritage. Public Safety Director David Bachman supports approval of this request.  Consideration of Salvation Army Kettle Drive The Salvation Army would like authorization to ring their bell for their annual Kettle Drive in the downtown district this year. Specific dates are December 6 from 11 a.m. to 5:30 p.m.; December 15 from 5:00 p.m. to 8 p.m. and December 18 from 5:00 p.m. to 8 p.m. MOTION by Hornkohl, second by Cote to approve the Consent Agenda as presented. | PAGE 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 5, 2014 With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF A NOTICE OF INTENT RESOLUTION, WATER AND SEWER REVENUE BOND. The 2014‐2015 budget and recently completed utility rate study included bond financing of a number of capital projects for the Water and Sewer Utility. These projects were discussed in a City Council work session on October 13, 2014. The Notice of Intent Resolution is the first step in issuing these bonds. MOTION by Hornkohl, second by Zaring to adopt a Notice of Intent for the issuance of Water and Sewer Revenue Bonds in the principal amount not to exceed $3,500,000. Bradford explained the current bond debt and where the funds come from to meet those obligations. Discussion followed including a request to revisit the rate study, doing the projects incrementally, how our water rates compare to other communities, and cost of issuing bonds. Bradford and Mikula responded. With a roll call vote this motion passed, 4‐3. AYES: Kenny, Hornkohl, Zaring, and Gustad NAYS: Cote, Goodspeed, and Wittlieff CONSIDERATION OF A SETTLEMENT AGREEMENT, KELLEY v. CITY LAWSUIT. A lawsuit was filed against the City of Manistee by Shawn and Kelly Kelley, Steven and Karen Cote, Robert and Joyce Brenner, Manistee Businesses, Inc. and the Boat House Grill regarding a May 2011 sewer backup that occurred during the last phase of the Combined Sewer Separation as the result of a seven inch plus rain event in the City. In September 2013 the Boat House Grill was removed from the lawsuit by entering into a separate agreement with the City of Manistee. Over the past three plus years the City has been meeting with the Plaintiffs in and out of the court system in an effort to resolve this lawsuit. The terms of the settlement agreement has the City agreeing to pay $106,335 to the Plaintiffs in return for the Plaintiff’s releasing all claims against the City of Manistee regarding the May 2011 flooding event. MOTION by Hornkohl, second by Gustad to approve the terms of the settlement agreement between the City of Manistee and the plaintiffs; and to authorize staff to make payments in accordance with the terms of the agreement. Deisch briefed the Council and public on the background of this lawsuit and how it came to this point. Saylor stated that the City’s attorney ‐ Ms. Olson, from Plunkett & Cooney, recommends we accept this settlement. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None | PAGE 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 5, 2014 PRESENTATION OF FIRST QUARTER FINANCIAL REPORT BY FINANCE DIRECTOR ED BRADFORD. PRESENTATION OF FIRST QUARTER INVESTMENT REPORT BY FINANCE DIRECTOR ED BRADFORD. A REPORT FROM THE HARBOR COMMISSION AND THE MSDDA. Chief Dave Bachman/Harbormaster reported on the activities of the Harbor Commission and responded to questions the Council had regarding their activities. Mr. Patrick Kay reported on the activities of the Manistee Main Street Downtown Development Authority and responded to questions the Council had regarding their activities. CITIZEN COMMENT. None received. OFFICIALS AND STAFF. Wright stated that the City had a very good turnout at the election yesterday – 45%; congratulated those that ran for office, those who won, and wished those who are moving on to other endeavors well. Deisch thanked Councilmember Hornkohl and Mayor Pro‐Tem Zaring for their time on the Council; looking forward to working with Mr. Smith and Mr. Zielinski, newly elected Councilmembers. Mikula stated the Public Works is starting their leaf pick up program and gave an explanation how it is working this year; also stated that the daytime alternate parking for leaf pick up started October 15th and begins on November 15th for overnight parking. COUNCILMEMBERS. Several Councilmembers thanked Hornkohl and Zaring for their service on the Council, wished them well, and congratulated the new incoming members. Hornkohl thanked the City Manager and staff for all their help during his 14 years on the Council. Wittlieff requested the Ready To Serve charge be brought up for discussion at a future meeting. 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 discussion on the City Manager’s annual evaluation. MOTION by Zaring, second by Hornkohl to adjourn to Executive Session. Time: 8:15 p.m. | PAGE 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – November 5, 2014 MOTION by Zaring, second by Hornkohl to return to Regular Session. Time: 9:20 p.m. 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. The amendment to the agreement was to allow a 1.6% cost of living increase, retroactive to 7/1/14, for the 2014‐2015 fiscal year. MOTION by Hornkohl, second by Zaring to approve an amended employment agreement with City Manager Mitchell D. Deisch and authorize the Mayor and City Clerk to execute the agreement. With a roll call vote this motion passed, 6‐1. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, and Gustad NAYS: Wittlieff ADJOURN. MOTION to adjourn was made by Zaring, second by Hornkohl. Meeting adjourned at 9:22 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | PAGE 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL ‐ ORGANIZATIONAL MEETING November 12, 2014 The Organizational Meeting of the Manistee City Council was called to order by City Clerk Michelle Wright on Wednesday, November 12, 2014 at 7:30 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. ORGANIZATIONAL MEETING OF THE CITY COUNCIL. In accordance with Section 2‐13 of the Charter of the City of Manistee, "the City Council shall meet at 7:30 p.m. on the Tuesday night following the completion of the official canvas at which time the members shall be sworn and assume the duties of their office...." At the regular election of Tuesday, November 4, 2014 four Councilmembers were elected to seats on the Manistee City Council. Members include: DISTRICT COUNCILMEMBER TERM First District Colleen Kenny Two Years Third District Roger Zielinski Two Years Fifth District James Smith Two Years Seventh District Eric Gustad Two Years Wright then administered the oath of office to Colleen Kenny, Roger Zielinski, James Smith and Eric Gustad as members of the Manistee City Council. PRESENT: Colleen Kenny, Edward Cote, Roger Zielinski, Robert Goodspeed, James Smith, Mark Wittlieff, and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, and City Engineer – Shawn Middleton/Spicer Group. ELECTION OF THE MAYOR FOR THE CITY OF MANISTEE. At the Organizational Meeting of the City Council held on this date the Council elects from its membership a Mayor and a Mayor Pro‐Tem. The Mayor and Mayor Pro‐Tem are elected for a one year term. Under Section 2‐4 of the Charter "the Council shall elect a Mayor by a majority vote of its members." This provision of the Charter requires four affirmative votes to elect the Mayor, a majority of the Council, regardless of the attendance at the Organizational Meeting. Sections 2‐4 and 2‐13 of the Charter require that the Mayor be elected at the Organizational Meeting. The voting procedures should continue until a candidate receives four affirmative votes. Wright asked for nominations to elect a Mayor for the City of Manistee. Cote nominated Kenny; Smith nominated Zielinski. No other nominations were received. Roll call was taken as follows: | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL ‐ ORGANIZATIONAL MEETING November 12, 2014 Kenny: Kenny, Cote, Goodspeed, Wittlieff, and Gustad (5) Zielinski: Zielinski and Smith (2) Councilmember Kenny was elected Mayor. Mayor Kenny assumed the Chair at this time. ELECTION OF A MAYOR PRO‐TEM FOR THE CITY OF MANISTEE. The same provisions identified in the Charter for the Mayor apply for the Mayor Pro‐Tem. The Mayor Pro‐Tem serves as the Mayor in the Mayor's absence. Mayor Kenny opened the floor for nominations to elect a Mayor Pro‐Tem for the City of Manistee. Cote nominated Goodspeed; Zielinski nominated Smith. No other nominations were received. Roll call was taken as follows: Goodspeed: Kenny, Cote, and Goodspeed (3) Smith: Zielinski, Smith, Wittlieff, and Gustad (4) Councilmember Smith was elected Mayor Pro‐Tem. REVIEW OF CITY COUNCIL GUIDELINES. Under the adopted City Council Guidelines, the Guidelines are reviewed at the Organizational Meeting of the City Council. While the Guidelines may be amended at any time during the year, the Organizational Meeting is the traditional opportunity to review the operating procedures of the Council. No action taken. CONSIDERATION OF ESTABLISHING REGULAR MEETINGS FOR 2015. In accordance with Section 2‐13 of the Charter, the City Council “shall meet in public session at least twice each month at such times as may be prescribed by the rules....” The City Council Guidelines reviewed during the previous agenda item indicate that regular meetings shall be held on the first and third Tuesdays of each month beginning at 7 p.m. with work sessions conducted on the second Tuesday of each month beginning at 7 p.m. This results in the schedule presented for approval for regular meetings and work sessions throughout the year 2015, with exceptions made for known election dates, Michigan Municipal League conferences and holidays. MOTION by Gustad, second by Cote to adopt the schedule presented for regular meetings and work sessions for the year 2015. With a roll call vote this motion passed unanimously. | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL ‐ ORGANIZATIONAL MEETING November 12, 2014 AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None ADJOURN. MOTION to adjourn was made by Goodspeed, second by Wittlieff. Meeting adjourned at 7:40 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 3