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City Council

Regular Meeting

Manistee, MI · May 12, 2015

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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. | Page 1 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 | Page 2

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 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)

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