City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, MARCH 3, 2015 – 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. c.) 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 17, 2015 regular meeting as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. CITY COUNCIL AGENDA – MARCH 3, 2015 PAGE 1 VII. Unfinished Business. VIII. New Business. a.) 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 2015 Cycle I applications is Friday, March 6, 2015 at 5:00 p.m. City staff has prepared three grant applications for submission to the Local Revenue Sharing Board. Council has requested an opportunity to approve individual grant applications. This agenda item will include three separate motions, one for each grant application. At this time Council could take action to authorize the submission of a grant application to the Local Revenue Sharing Board for the DXE Heart Monitor for the Rescue Unit in the amount of $15,000. At this time Council could take action to authorize the submission of a grant application to the Local Revenue Sharing Board for tuition to educate one EMT- Basic to the level of Paramedic in the amount of $12,000. At this time Council could take action to authorize the submission of a grant application to the Local Revenue Sharing Board for two Tactical Ballistic Vests in the amount of $3,000. b.) CONSIDERATION OF A RESOLUTION OF SUPPORT, REDEVELOPMENT READY COMMUNITIES CERTIFICATION. In February 2014 the City applied to be part of the Redevelopment Ready Communities program. The kickoff presentation was held July 2014, staff attended the best practices training, and an evaluation was conducted. On February 17, 2015 staff from the Michigan Economic Development Corporation (MEDC) presented the Report of Findings to City Council. The next step in the certification process is for City Council to adopt a resolution of support to proceed. At this time Council could take action to adopt a resolution authorizing the implementation of recommendations necessary to receive Redevelopment Ready Communities Certification from the Michigan Economic Development Corporation. CITY COUNCIL AGENDA – MARCH 3, 2015 PAGE 2 c.) CONSIDERATION OF PURCHASING A PORTABLE PUMP. The Water and Sewer Departments have been implementing a plan to provide redundancy for its critical components. This portable pump station will be used in the event of a pump failure, communications failure, WWTP maintenance, and water main breaks. The pump purchase was anticipated by the recent bond sale; however, it has since been removed. The utility departments place this purchase as a high priority and several items in the current budget will be deferred to allow for the purchase at this time. At this time Council could take action to approve the purchase of the Pioneer Portable Pump from Kennedy Industries in the amount of $43,015. d.) CONSIDERATION OF INTRODUCING ORDINANCE 15-02, CHAPTER 1420, BUILDING INSPECTIONS. The former Building Inspector retired on August 29, 2014. Administration reviewed options for providing building inspection services which included hiring a fulltime building inspector, contracting out building inspection services, or turning building inspections back over to the State Bureau of Construction Codes. Based upon the amount of revenue being generated through building inspection permits and the fact that no Requests for Proposals were received in December 2014 to contract out building inspection services; administration determined that the best option was to return building inspection services back to the State Bureau of Construction Codes. This ordinance has been reviewed and supported by the Council Ordinance Committee. As an ordinance two separate readings are required. If this ordinance is introduced at this time it could be adopted at the next regular meeting. At this time Council could take action to introduce Ordinance 15-02 repealing Chapter 1420, transferring responsibility for the administration and enforcement of the building inspection provisions to the State Bureau of Construction Codes. e.) CONSIDERATION OF INTRODUCING ORDINANCE 15-03, AMENDMENTS TO CHAPTER 1482, RESIDENTIAL RENTAL PROPERTIES. With the retirement of the former City Building Inspector in August 2014, City administration explored options to continue this service. Based upon research it was clear that contracting out rental inspections made the most financial sense. The ordinance amendments create a new definition of designated city official and allow greater flexibility for city personnel or contracted employees to perform rental inspections. CITY COUNCIL AGENDA – MARCH 3, 2015 PAGE 3  This ordinance has been reviewed and supported by the Council Ordinance Committee. As an ordinance two separate readings are required. If this ordinance is introduced at this time it could be adopted at the next regular meeting. At this time Council could take action to introduce Ordinance 15-03 amending Chapter 1482, allowing flexibility to contract out rental inspection services. f.) CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Compensation Commission, Harbor Commission, Non-Motorized Transportation Committee, Parks & Beautification Commission, and the PEG Commission. 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: COMPENSATION COMMISSION. One vacancy, term ending 09/30/19, applicants must be registered voters in the City, Mayoral appointment. None HARBOR COMMISSION. One vacancy, term ending 10/31/15, Council appointment. None NON-MOTORIZED TRANSPORTATION COMMITTEE. One two-year term ending 03/31/17, Mayoral appointment. None PARKS & BEAUTIFICATION COMMISSION. One vacancy, term ending 06/30/17, applicants must be a City resident or own real estate/business/profession in the City, Mayoral appointment. Danielle Wilkosz, 251 Seventh Street CITY COUNCIL AGENDA – MARCH 3, 2015 PAGE 4  PEG COMMISSION. Two vacancies, one three-year term ending 12/31/17 and one unexpired term ending 12/31/15, applicants must be Manistee County residents, Council appointment. None *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 MANISTEE RECREATION ASSOCIATION. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. Kenny Kott 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.) PRESENTATION BY ALLIANCE FOR ECONOMIC SUCCESS, TAMARA BUSWINKA AND BETSY EVANS. *c.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, March 10, 2015 at 7 p.m. A discussion will be conducted on the Council Strategic Plan, discussion on Ramsdell Theatre; 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. CITY COUNCIL AGENDA – MARCH 3, 2015 PAGE 5 MDD:cl COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – February 17, 2015 Cash Balances Report Local Revenue Sharing Board Grant Applications RRC Resolution of Support Portable Pump Purchase Ordinance Committee Minutes – February 13, 2015 Ordinance 15-02 Building Inspections Ordinance 15-03 Rental Inspections Board and Commission Applications CITY COUNCIL AGENDA – MARCH 3, 2015 PAGE 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – February 17, 2015 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, February 17, 2015 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, Roger Zielinski, James Smith, Mark Wittlieff, and Eric Gustad (arrived at 7:02 p.m.). ABSENT: Robert Goodspeed. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, Planning & Zoning Administrator – Denise Blakeslee, and Public Safety Director – Dave Bachman. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Dr. Aaron Bennett introduced himself as an applicant for the Historic District Commission. CONSENT AGENDA.  Minutes ‐ February 3, 2015 ‐ Regular Meeting ‐ February 10, 2015 ‐ Work Session  Payroll ‐ February 2 – 15, 2015 ‐ $ 121,748.74  Monthly Bills ‐ January 14, 2015 ‐ $ 1,237,173.02 ‐ January 28, 2015 ‐ $ 456,720.37  Notification Regarding Next Work Session – March 10, 2015 A discussion will be conducted on the Council Strategic Plan, Animal Ordinance; and such business as may come before the Council. No action is required on this item.  Consideration of Manistee World of Arts & Crafts, Use of Szymarek Park. The Manistee World of Arts & Crafts is requesting the use of Red Szymarek Park for their 44th Annual Arts & Crafts Show to be held on July 3‐4, 2015. They would like Council approval to use the park starting July 1 through July 4 to allow them time to set up. MOTION by Cote, second by Zielinski to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Smith, Wittlieff, and Gustad NAYS: None | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – February 17, 2015 CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Compensation Commission, Harbor Commission, Historic District Commission, Non‐Motorized Transportation Committee, Parks & Beautification Commission, and the PEG Commission. 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: COMPENSATION COMMISSION. One vacancy, term ending 09/30/19, applicants must be registered voters in the City, Mayoral appointment. None received HARBOR COMMISSION. One vacancy, term ending 10/31/15, Council appointment. None received HISTORIC DISTRICT COMMISSION. One three‐year term ending 02/28/18, applicants must be City residents, Council appointment. Aaron A. Bennett, DO, 813 Cherry Street Cote nominated Aaron A. Bennett, DO – 813 Cherry Street to the Historic District Commission for a three‐year term ending 02/28/18. Supported by Zielinski. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Smith, Wittlieff, and Gustad NAYS: None NON‐MOTORIZED TRANSPORTATION COMMITTEE. One two‐year term ending 03/31/17, Mayoral appointment. None received PARKS & BEAUTIFICATION COMMISSION. One vacancy, term ending 06/30/17, applicants must be a City resident or own real estate/business/profession in the City, Mayoral appointment. None received | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – February 17, 2015 PEG COMMISSION. Two vacancies, one three‐year term ending 12/31/17 and one unexpired term ending 12/31/15, applicants must be Manistee County residents, Council appointment. None received PRESENTATION OF REDEVELOPMENT READY COMMUNITY REPORT OF FINDINGS. The City of Manistee has been selected for participation in the statewide Redevelopment Ready Communities (RRC) program. The evaluation has been completed and a Report of Findings has been prepared and will be presented to City Council. Staff from the Michigan Economic Development Corporation Redevelopment Ready Communities gave a presentation of their Report of Findings. A REPORT FROM THE DEPARTMENT OF PUBLIC SAFETY. Public Safety Director David Bachman reported on the activities of the Department of Public Safety and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Comments were received by: ‐ Kenny Kott / new MRA Director introduced himself to Council. OFFICIALS AND STAFF. Deisch stated that the City currently does not have a run water notice as other communities do, it is being monitored closely, only 6‐8 freeze‐ups so far this season; Strategic Plan information distributed, call with any questions. COUNCILMEMBERS. Wittlieff thanked the DPW for their work this past weekend during the brutal storm. Gustad stated there are problems with the City’s website not loading up right. CONSIDERATION OF AN EXECUTIVE SESSION, ATTORNEY OPINION. Council has received a written opinion from the City Attorney regarding the Memorandum of Understanding between the City, Seng Dock & Trucking, Inc., Seng Properties, LLC, Edward Seng and Reith‐Riley Constructions, Co., Inc.; a Development Agreement between the City and Seng Dock & Trucking, Inc., Seng Properties, LLC, Edward Seng; a Brownfield Development and Reimbursement Agreement between the City and American Materials, LLC; and the legal issues surrounding those documents. The City Attorney has recommended that Council consider discussing the written attorney opinion, which is exempt from disclosure under the Michigan Freedom of Information Act as involving | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – February 17, 2015 material covered by the attorney‐client privilege, in closed session pursuant to Section 8 (h) of the Michigan Open Meetings Act. MOTION by Gustad, second by Cote to proceed into closed session under Section 8(h) of the Michigan Open Meetings Act to discuss the written opinion of the City Attorney. Time: 7:52 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Smith, Wittlieff, and Gustad NAYS: None MOTION by Gustad, second by Smith to return to Regular Session. Time: 8:37 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Smith, Wittlieff, and Gustad NAYS: None ADJOURN. MOTION to adjourn was made by Wittlieff, second by Zielinski. Meeting adjourned at 8:38 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 4  CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: JANUARY 2/25/2015 City of Manistee 1:51 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 1,788,553.83 530,997.17 504,982.07 1,814,568.93 001.002 Cash - Escrow 84,842.80 24,468.21 9,426.00 99,885.01 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,202.21 4.65 0.00 57,206.86 Total Dept: 000 1,931,398.84 555,470.03 514,408.07 1,972,460.80 Fund: 101 1,931,398.84 555,470.03 514,408.07 1,972,460.80 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 153,778.30 28,520.93 42,937.02 139,362.21 Total Dept: 000 153,778.30 28,520.93 42,937.02 139,362.21 Fund: 202 153,778.30 28,520.93 42,937.02 139,362.21 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 55,899.99 9,891.25 34,809.65 30,981.59 Total Dept: 000 55,899.99 9,891.25 34,809.65 30,981.59 Fund: 203 55,899.99 9,891.25 34,809.65 30,981.59 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 42,386.55 631.76 2,601.18 40,417.13 Total Dept: 000 42,386.55 631.76 2,601.18 40,417.13 Fund: 204 42,386.55 631.76 2,601.18 40,417.13 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 164,998.13 20,328.68 72,595.04 112,731.77 001.030 Cash Mgt Chk 98,979.23 8.41 0.00 98,987.64 Total Dept: 000 263,977.36 20,337.09 72,595.04 211,719.41 Fund: 226 263,977.36 20,337.09 72,595.04 211,719.41 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 34,299.67 0.00 318.75 33,980.92 Total Dept: 000 34,299.67 0.00 318.75 33,980.92 Fund: 243 34,299.67 0.00 318.75 33,980.92 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 40,641.36 2.27 0.00 40,643.63 001.020 Money Market 221,782.15 0.00 0.00 221,782.15 Total Dept: 000 262,423.51 2.27 0.00 262,425.78 Fund: 245 262,423.51 2.27 0.00 262,425.78 Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash 2,983.70 356.65 3,750.00 -409.65 Total Dept: 000 2,983.70 356.65 3,750.00 -409.65  CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: JANUARY 2/25/2015 City of Manistee 1:51 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 249 2,983.70 356.65 3,750.00 -409.65 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 267,028.72 6,220.00 245,329.88 27,918.84 Total Dept: 000 267,028.72 6,220.00 245,329.88 27,918.84 Fund: 275 267,028.72 6,220.00 245,329.88 27,918.84 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 13,240.00 950.60 3,385.75 10,804.85 Total Dept: 000 13,240.00 950.60 3,385.75 10,804.85 Fund: 290 13,240.00 950.60 3,385.75 10,804.85 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 91,683.64 91,230.71 76,958.80 105,955.55 004.000 Cash - Petty 200.00 0.00 0.00 200.00 Total Dept: 000 91,883.64 91,230.71 76,958.80 106,155.55 Fund: 296 91,883.64 91,230.71 76,958.80 106,155.55 Fund: 297 - FRIENDS OF THE RAMSDELL Dept: 000 001.000 Cash -262.67 3,335.05 2,225.00 847.38 Total Dept: 000 -262.67 3,335.05 2,225.00 847.38 Fund: 297 -262.67 3,335.05 2,225.00 847.38 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 277,878.08 9.85 101,210.00 176,677.93 Total Dept: 000 277,878.08 9.85 101,210.00 176,677.93 Fund: 430 277,878.08 9.85 101,210.00 176,677.93 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 4,843.59 0.17 1,871.96 2,971.80 Total Dept: 000 4,843.59 0.17 1,871.96 2,971.80 Fund: 490 4,843.59 0.17 1,871.96 2,971.80 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 13,639.57 0.73 509.00 13,131.30 004.000 Cash - Petty 1.00 0.00 0.00 1.00 Total Dept: 000 13,640.57 0.73 509.00 13,132.30 Fund: 508 13,640.57 0.73 509.00 13,132.30 Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 279,165.07 275,084.97 182,879.74 371,370.30 001.002 Cash - Escrow 34,800.00 2,700.00 2,100.00 35,400.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 489,108.41 39.43 0.00 489,147.84  CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: JANUARY 2/25/2015 City of Manistee 1:51 pm Account Number Beginning Balance Debit Credit Ending Balance Total Dept: 000 803,373.48 277,824.40 184,979.74 896,218.14 Fund: 573 803,373.48 277,824.40 184,979.74 896,218.14 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 114,594.07 40,004.21 141,164.73 13,433.55 Total Dept: 000 114,594.07 40,004.21 141,164.73 13,433.55 Fund: 594 114,594.07 40,004.21 141,164.73 13,433.55 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 534,767.66 26,275.17 109,616.73 451,426.10 Total Dept: 000 534,767.66 26,275.17 109,616.73 451,426.10 Fund: 661 534,767.66 26,275.17 109,616.73 451,426.10 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash 667,087.54 581,398.38 906,708.60 341,777.32 Total Dept: 000 667,087.54 581,398.38 906,708.60 341,777.32 Fund: 703 667,087.54 581,398.38 906,708.60 341,777.32 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 32,436.42 505,104.51 490,782.42 46,758.51 001.005 Cash - NEW Flex \ HRA 12,841.31 0.47 2,882.17 9,959.61 001.007 Cash - Federal & State Taxes 68.97 57,364.20 57,364.03 69.14 Total Dept: 000 45,346.70 562,469.18 551,028.62 56,787.26 Fund: 704 45,346.70 562,469.18 551,028.62 56,787.26 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 73,569.20 3,324.09 73,569.20 3,324.09 Total Dept: 000 73,569.20 3,324.09 73,569.20 3,324.09 Fund: 705 73,569.20 3,324.09 73,569.20 3,324.09 Grand Totals: 5,654,138.50 2,208,252.52 3,069,977.72 4,792,413.30