City Council
Regular MeetingManistee, MI · May 12, 2015
Minutes
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 12, 2015
A special meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny
on Tuesday, May 12, 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, Robert Goodspeed, James Smith, Mark
Wittlieff, and Eric Gustad.
ALSO PRESENT: Interim City Manager – R. Ben Bifoss, City Attorney – George Saylor, City Clerk –
Michelle Wright, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, and
City Engineer – Shawn Middleton / Spicer Group.
CITIZEN COMMENTS ON AGENDA RELATED ITEMS.
None received.
CONSIDERATION OF ADOPTING THE 2015‐2016 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.
MOTION by Gustad, second by Goodspeed to adopt a resolution approving the 2015‐2016 Budget and
Capital Improvement Plan for the City of Manistee.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
NOTIFICATION OF WORK SESSION CANCELLED.
The Council work session previously scheduled to follow the special meeting has been cancelled.
DISCUSSION ON TWELFTH STREET AND A POSSIBLE CLOSED SESSION REGARDING CITY ATTORNEY
OPINION.
Agenda attachments include a memorandum from the Interim City Manager and further explanatory
memos from the City Engineer / DPW Director and the Public Safety Director. City Staff will review this
information at the public meeting.
In addition, the Council has received a written opinion from the City Attorney regarding Twelfth Street
and related legal issues. 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 material covered by the attorney‐client privilege, in closed session pursuant to Section
8 (h) of the Michigan Open Meetings Act.
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 12, 2015
Only the legal opinion may be discussed in a closed session. The balance of the discussion will occur in
open session.
If necessary, following the public discussion, Council could take action to proceed into closed session
under Section 8 (h) of the Michigan Open Meetings Act to consider the City Attorney Opinion on this
subject.
Mikula and Middleton gave a brief history of the platted area; provided major street requirements as
prescribed by federal, state, and local government; and options available to meet those requirements.
MOTION by Cote, second by Goodspeed to proceed into closed session under Section 8 (h) of the
Michigan Open Meetings Act to consider the City Attorney Opinion. Time: 7:25 p.m.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
MOTION by Goodspeed, second by Smith to return to regular session. Time: 8:01 p.m.
Bifoss stated that the City will continue to make effort to negotiate with the adjacent property owners
to come to some type of settlement that is mutually beneficial to all parties concerned; we have a
public need to fix Twelfth Street and that is the path we intend to take whether or not we can come to
some agreement with the property owners.
CITIZEN COMMENT.
None received.
OFFICIALS AND STAFF.
None received.
COUNCILMEMBERS.
Smith asked if the ready‐to‐serve fee on the sprinkling meters has been dropped from the billing.
ADJOURN.
MOTION to adjourn was made by Goodspeed, second by Cote. Meeting adjourned at 8:03 p.m.
Michelle Wright MMC / CPFA, MiCPT
City Clerk/Deputy Treasurer
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Agenda
MANISTEE CITY COUNCIL
SPECIAL MEETING AGENDA
TUESDAY, MAY 12, 2015 - 7:00 P.M. - COUNCIL CHAMBERS
I. Call to Order.
a.) PLEDGE OF ALLEGIANCE.
b.) ROLL CALL.
II. Citizen Comments on Agenda Related Items.
III. New Business.
a.) CONSIDERATION OF ADOPTING THE 2015-2016 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.
At this time Council could take action to adopt a resolution approving the 2015-
2016 Budget and Capital Improvement Plan for the City of Manistee.
IV. Notices, Communications, Announcements.
a.) NOTIFICATION OF WORK SESSION CANCELLED.
The Council work session previously scheduled to follow the special meeting has
been cancelled.
b.) DISCUSSION ON TWELFTH STREET AND A POSSIBLE CLOSED SESSION
REGARDING CITY ATTORNEY OPINION.
Agenda attachments include a memorandum from the Interim City Manager and
further explanatory memos from the City Engineer / DPW Director and the Public
Safety Director. City Staff will review this information at the public meeting.
CITY COUNCIL AGENDA – SPECIAL MEETING MAY 12, 2015 PAGE 1
In addition, the Council has received a written opinion from the City Attorney
regarding Twelfth Street and related legal issues. 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 material covered by the attorney-client privilege, in closed session
pursuant to Section 8 (h) of the Michigan Open Meetings Act.
Only the legal opinion may be discussed in a closed session. The balance of the
discussion will occur in open session.
If necessary, following the public discussion, Council could take action to proceed
into closed session under Section 8 (h) of the Michigan Open Meetings Act to
consider the City Attorney Opinion on this subject.
V. 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.
VI. Adjourn.
RBB:cl
COUNCIL AGENDA ATTACHMENTS
Budget Adoption List Resolution
Twelfth Street Memorandums
CITY COUNCIL AGENDA – SPECIAL MEETING MAY 12, 2015 PAGE 2
2015-2016 Budget
Budget Appropriation
CITY OF MANISTEE
2015-2016 GENERAL APPROPRIATIONS ACT
BUDGET ADOPTION LIST
It was moved by , supported by , that the City of Manistee Budgets for the
fiscal year 2015-2016 be adopted as presented by the City Manager on April 7, 2015 and
modified by Council work sessions including tax levy, operating expenses, capital outlay,
appropriations, schedule of fees and other matters included in the following expenditures:
101 - GENERAL FUND **
Total Revenue $ 6,068,621
Total Expense $ 6,140,620
100 - General Government $ 470,450
100 - General Government Debt $ 779,951
101 - Legislative $ 42,302
172 - Manager $ 219,541
215 - Clerk $ 201,576
253 - Finance $ 251,912
257 - Assessor $ 83,238
265 - Municipal Buildings $ 131,900
266 - Attorney $ 80,000
285 - Engineer $ 12,000
290 - Boards and Commissions $ 13,230
301 - Police $ 1,053,504
336 - Fire $ 967,415
441 - Public Works $ 1,159,730
748 - Community Development $ 148,598
751 - Parks and Recreation $ 347,755
801 - Appropriations $ 177,518
130
2015-2016 Budget
ENTERPRISE FUNDS
573 - WATER & SEWER FUND **
Total Revenue $ 4,356,279
Total Expenses $ 2,585,081
Total Capital & Debt $ 3,823,951
General $ 628,611
Administration $ 469,964
Water $ 587,434
WWTP $ 710,866
Sewer $ 188,205
Debt Service $ 1,701,951
Capital Outlay $ 2,122,000
594 - MUNICIPAL MARINA FUND **
Total Revenue $ 211,450
Total Expenses $ 178,426
Total Capital & Debt $ 62,973
Debt Service $ 62,973
Capital Outlay $ -
508 - BOAT LAUNCH FUND
Total Revenue $ 34,010
Total Expenses $ 13,711
Total Capital & Debt $ 14,536
Debt Service $ 14,536
Capital Outlay $ -
296 - RAMSDELL THEATRE FUND **
Total Revenue $ 373,148
Total Expenses $ 212,975
Total Capital & Debt $ 178,830
Debt Service $ 178,830
Capital Outlay $ -
131
2015-2016 Budget
SPECIAL REVENUE FUNDS
202 - MAJOR STREET FUND
Revenue $ 585,939
Expense $ 535,869
203 - LOCAL STREET FUND
Revenue $ 652,288
Expense $ 647,169
204 - CITY STREET FUND
Revenue $ 115,503
Expense $ 115,500
226 - REFUSE FUND **
Revenue $ 454,480
Expense $ 492,906
275 - GRANT MANAGEMENT **
Revenue $ 98,000
Expense $ 168,000
CAPITAL PROJECT FUNDS
430 - CAPITAL IMPROVEMENT FUND **
Revenue $ 457,880
Expense $ 511,470
490 - RENAISSANCE PARK FUND
Revenue $ 5,616
Expense $ 5,616
INTERNAL SERVICE FUNDS
661 - MOTOR POOL FUND**
Revenue $ 315,250
Expense $ 302,912
PERMANENT FUNDS
245 - OIL & GAS FUND
Revenue $ 605,000
Expense $ 509,880
** Utilizes cash reserves
Total $16,500,424
132
2015-2016 Budget
The Manistee City Council hereby establishes a property tax levy of 17.7612 mills for General
Fund operations and 1.15 mills for Refuse Fund operations for the 2015-2016 fiscal year. In City
water and sewer consumption charges are established at $2.67 and $7.32 per 1,000 gallons
respectively for bills issued after July 1, 2015. Refuse residential monthly user charges are
established at $3.85, $7.70 and $11.55, depending on level of service selected, for bills issued
after July 1, 2015. All other fees and charges are established in the included schedule of fees
and\or City ordinance.
Adopted by the Manistee City Council on May 12, 2015.
_______________________________________
Colleen Kenny, Mayor
ATTEST:
____________________________________
Michelle Wright, City Clerk
133
City of Manistee
Memo
To: Ben Bifoss, City of Manistee Interim Manager
From: Jeff Mikula, DPW Director, Shawn Middleton, City Engineer
cc:
Date: May 6, 2015
Re: 12th Street Improvements – Maple Street to Oak Street
Background
The segment of 12th Street between Maple Street and Oak Street lies on the southern boundary
of the City of Manistee and along the northern boundary of Filer Township. When the area
north of 12th Street (within the City) was platted, a 33 ft. Right of Way (ROW) was laid out
along and up to the City limits. A roadway was constructed within this 33 ft. ROW and over
time, parcels within the City to the north and within the Charter Township of Filer to the south,
developed with residential structures. Access to these parcels was provided by12th Street and
over time pavement was added and the road expanded to the south beyond the City limits. This
stretch of land also contains City water, sanitary and storm sewer mains both north and south of
the City limits
Little conflict existed until Manistee High School was constructed. At that point, Manistee Area
Public Schools acquired 66 ft of land, 33 ft north and 33 ft south of the City limits, west of Oak
St. to Cherry St. A driveway was constructed to serve the school centered within the 66 ft ROW
from Oak St to Tamarack St. The driveway was constructed to meet the City's local street
standards and was eventually dedicated to the City and incorporated into the City's street
network.
The school has generated significant amounts of both vehicular and non-motorized traffic which
peaks between 7-8 am and 3-4pm. The school hosts dozens of events throughout the week
which also adds to traffic congestion.
Need for Street Improvements
The section of 12th Street between Oak Street and Maple Street was not constructed to meet the
current traffic loading, is in severe disrepair, and has been rated in poor condition with structural
deficiencies and drainage issues. Discussion has occurred over the past several years on making
improvements to this section. Engineering reviews indicate that reconstruction is required due to
failures of the road base material, failing drainage, and a severely degraded pavement cross
section. The street is also classified as a major street within the Act 51 street network and traffic
volumes are such that local street standards are not sufficient.
Street Improvement Standards
Any proposed work at this location, beyond simply filling potholes, requires the City to use best
engineering practices, standards, and guidelines. This is similar to meeting building code
requirements when doing improvements to your house. There is a threshold of work that can be
performed on your house before the state building code standards must be followed and a permit
obtained. Similarly, when work on a street goes beyond preventative maintenance, engineering
guidelines must be met.
In Michigan, street projects are designed using two different guidelines; 1) The American
Association of State Highway Transportation Officials (AASHTO) current edition of A Policy
on Geometric Design of Highways and Streets or 2) the Michigan Department of Transportation
(MDOT) Local Agency Programs Guidelines for Geometrics.
Minimum Lane Width and Minimum Turning Radii Standards
The guidelines used for determining minimum lane widths for local agencies is the
“Michigan Department of Transportation (MDOT) Guidelines for Geometrics for New
Construction, Reconstruction (4R) and Resurfacing, Restoration and Rehabilitation (3R).
Using the MDOT guidelines, road widths are a function of Average Daily Traffic (ADT),
design speed, and the percentage of truck/bus traffic. Traffic volumes at this location
exceed a minimum threshold of 750 vehicles per day and is likely greater than 10% truck/
bus traffic volumes. Based on these criteria the minimum lane width for 12th Street is 12
feet.
Another important geometric consideration is the minimum turning radius. The
American Association of State Highway Traffic Officials (AASHTO) publishes
guidelines and turning radius templates for use in determining the minimum radius a
given vehicle needs to make a corner without leaving the pavement or going over a curb.
Using the AASHTO turning path template for 40 foot buses, the minimum inside turning
radius is 25.4 feet.
2
City of Manistee Major Street Standard
12th Street is classified as a Major Street under MDOT’s street classification system and
is shown as such on MDOT Act 51 map. The City of Manistee has adopted a Major
Street standard for handling the higher volumes of motorized and non-motorized traffic
along these routes.
This standard consists of a road width of 31 feet allowing for 2 – 12 foot traffic lanes and
two 3.5 foot bike lanes. This standard also provides for sidewalks on both sides of the
road. The purpose of this wider cross section and sidewalks is to allow for the safe
passage of walking and biking pedestrians adjacent to motorized traffic, especially on
higher traffic volume streets.
This standard recognizes the increased need for safety on the heavier traveled roadways
within the City. Though variances from this option can be considered, the purpose of
this standard is for the safety of all motorized and non-motorized users of the road ROW.
It is not recommended large variances from this standard be considered for this segment
of 12th Street due to the close proximity of the Manistee High School and higher volumes
of traffic.
In addition, Act 51funding is also tied to the length of major streets within the City. A
Street designated as a major street will need to meet minimum standards to be classified
as such and to receive funding.
Proposed Options
Based on the geometric guidelines and using the City of Manistee major street standard cross
section there essentially two main alternatives, outside of doing nothing, that can be completed to
satisfy the above standards and maintain some level of traffic flow from Maple Street to the west
along 12th Street.
Option #1 – Major Street Standard
This option meets the City’s major street standard and meets the minimum turning radius
requirements for bus traffic along Maple Street and 12th Street. This option will require
utilizing the 33 ft of property south of the existing 33 ft currently platted. If constructed
this option maintains the road alignment of 12th street from the east and the west,
removing the current change in centerline in this segment of road.
The proposed sidewalk on the south has been moved to the north against the existing curb
to minimize impacts to the properties on the south.
3
Considerations for narrowing or removing bike lanes and sidewalk could be considered
with this option. However, due to the proximity of the high school and higher than
average pedestrian traffic it would not be our recommendation to do so. We may be able
to justify going from 12’ lanes to 11’ lanes based on the volume of bus traffic, but the
turning radii are what control the need for additional ROW with this option.
A preliminary drawing and rendered photos of this option are attached to this Memo.
Option #2 – Construct a One Way (Westbound) Street
This is the only option that allows for constructing a roadway within the existing 33’
ROW that is located within the City of Manistee. To construct a roadway within the 33’
ROW a single one way lane would need to be constructed. The one way option
constructed within the existing ROW can meet minimum lane width and turning radius
standards provided it is west bound. East bound is not an option, due to the right hand
turn onto Maple headed east. The existing ROW does not provide a large enough radius
for bus traffic and does not align with the Eastbound Lane East of Maple St.. The West
bound one way option allows buses to turn from the east lane of Maple Street and
therefore allows for a shorter radius.
Moving the roadway to the north in this option does not allow for an adequate turning
radius onto Oak Street. To meet turning radius requirements this option requires the
south side of the roadway to be located near the south City boundary. Therefore, a
sidewalk on the south side of the road is not possible for this option and the existing
sidewalk would require removal.
This option will also result in redirecting eastbound traffic from 12th street to other side
roads including Tamarack and Oak Streets. Tamarack Street meets the city’s
requirements for a major street, but Oak Street does not and would likely need to be
improved if traffic was redirected to this segment of street. Significant traffic congestion
should be expected along 8th St.
A preliminary drawing of this option is attached to this Memo.
Based upon traffic flow patterns, motorized and non-motorized safety considerations, and
engineering standards we would recommend Option 1 be considered for any improvements to
12th Street at this location. However, we also understand there are other factors to consider,
including impacts to the adjacent property owners and realize all of these factor are part of the
overall decision making process.
4
12th Street Looking East
Existing Condition
12th Street Looking East
Proposed Rendering
12th Street Looking East
Existing Condition
12th Street Looking East
Proposed Rendering
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