City Council

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, JULY 7, 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. VII. a.) Consideration of Adopting Ordinance Z15-04, Peninsula District b.) Consideration of Adopting Ordinance Z15-05, Green Infrastructure Language. c.) Consideration of Adopting Ordinance Amendment 15-07 Chapter 606 Animals. VIII. g.) Consideration of Rescheduling the July Board of Review to Wednesday, July 22, 2015. XI. b.) Notification Regarding Next Work Session. c.) Consideration of Conservatory of Dance Bottle Drive. d.) Consideration of Grapes on the River Event Request. e.) Consideration of Salvation Army Bell Ringing Fundraiser. At this time Council could take action to approve the Consent Agenda as presented. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 1 *V. Approval of Minutes. Approval of the minutes of the June 16, 2015 regular meeting and the June 23, 2015 work session as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. VII. Unfinished Business. *a.) CONSIDERATION OF ADOPTING ORDINANCE Z15-04, PENINSULA DISTRICT. Ordinance Z15-04 was drafted after the Planning Commission completed an in- depth review of the PD-Peninsula District in response to a directive from City Council. Amendments will be made to Article 3: Districts, Dimensional Standards Uses Table and Zoning Map (Table 3-1 City of Manistee Schedule of Regulations and Table 3-2 Uses Permitted by Right, and Special Land Use Permit); Article 5: General Provisions (Section 511 Driveways and Curb Cuts and Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks); Article 6: Peninsula District (Section 600 Purpose and Intent, Section 601 Uses Permitted by Right, Section 602 Uses Permitted by Special Land Use, Section 604 Dimensional Standards, DELETE Section 603 Uses Permitted by Special Land Use Permit, Requires Frontage on a Key Street Segment and Section 605 Peninsula District Renaissance Zone Standards); Article 12: Waterfront District (DELETE Section 1205 Waterfront Renaissance Zone Standards) and Article 21: Signs (Table 2100- 1 – Use Types and Sign Standards, Section 2107 Use Type 2, Commercial and Office). This ordinance has been reviewed by the Council Ordinance Committee. As an ordinance two separate readings are required. This ordinance was introduced at the regular meeting of June 16, 2015 and could be adopted at this time. At this time Council could take action to adopt Ordinance Z15-04 amending Article 3 Districts, Dimensional Standards Uses Table and Zoning Map, Article 5 General Provisions, Article 6 Peninsula District, Article 12 Waterfront District, and Article 21 Signs of the City of Manistee Zoning Ordinance. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 2 *b.) CONSIDERATION OF ADOPTING ORDINANCE Z15-05 GREEN INFRASTRUCTURE LANGUAGE. Ordinance Z15-05 was drafted in response to a requirement of the Redevelopment Ready Communities program where the Zoning Ordinance must include green infrastructure language. Amendments will be made to Article 2: Definitions and Interpretation (ADD definition for pervious paving to Section 217 P, rain gardens to Section 219 R, swale bio-filtration and swale, vegetated or rock to Section 220 S, and vegetated roof to Section 223 V); Article 5: General Provisions (AMEND Section 503 Performance Standards Item 3, AMEND Section 511 Driveway and Curb Cuts, Item D and Item F, Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item E and ADD Item F, AMEND Section 531 Landscaping and Screening, Item A and Item F). This ordinance has been reviewed by the Council Ordinance Committee. As an ordinance two separate readings are required. This ordinance was introduced at the regular meeting of June 16, 2015 and could be adopted at this time. At this time Council Could take action to adopt Ordinance Z15-05 adding green infrastructure language to Article 2 Definitions and Interpretation and Article 5 General Provisions of the City of Manistee Zoning Ordinance. *c.) CONSIDERATION OF ADOPTING ORDINANCE AMENDMENT 15-07 CHAPTER 606 ANIMALS. An Ad Hoc Domestic Animals Committee has been working on Amending Chapter 606 Animals since 2013. Changes in the Generally Accepted Agriculture Management Practices (GAAMP) resulted in the ordinance being put on hold so that language for the inclusions of Chickens or Ducks could be added to the amendment. This ordinance has been reviewed by the Council Ordinance Committee. As an ordinance two separate readings are required. This ordinance was introduced at the regular meeting of June 16, 2015 and could be adopted at this time. At this time Council could take action to adopt Ordinance 15-07 Chapter 606 Animals of the City of Manistee Codified Ordinances. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 3 VIII. New Business. a.) CONSIDERATION OF A SERVICE CONTRACT WITH THE ALLIANCE FOR ECONOMIC SUCCESS. The three-year contract between the City of Manistee, Manistee County and the Alliance for Economic Success (AES) to provide economic development services expired on September 30, 2014. Committees from the City, County, and AES have been in discussions to renew this agreement. Terms of the new agreement have been included in the attached document. City Attorney George Saylor has reviewed and approved the contract. Proposed payments for the City are: Date County City Total 1/1/15 – 12/31/15 $90,768.00 $46,518.00 $137,286.00 1/1/16 – 12/31/16 $90,768.00 $46,518.00 $137,286.00 1/1/17 – 12/31/17 $90,768.00 $46,518.00 $137,286.00 At this time Council could take action to authorize the Mayor and City Clerk to execute a three-year agreement with the Alliance for Economic Success from January 1, 2015 through December 31, 2017. b.) CONSIDERATION OF A RESOLUTION ESTABLISHING MSDDA REDEVELOPMENT PROJECT AREA. In order to attract new businesses in the downtown area the Manistee Main Street Downtown Development Authority wishes to establish a Redevelopment Project Area to issue new liquor licenses. The proposed Council resolution is just one step in the process. There are currently no unused liquor licenses available in the City of Manistee. If Council approves the establishment of the Redevelopment Project Area the Main Street DDA will then report on the amount of investment through an affidavit signed by the Director of the Manistee County Equalization Department; prepare a map showing the boundaries of the DDA District; and provide the ordinance that created the DDA. These documents will then be sent to the Michigan Liquor Control Commission (MLCC). As each new business requests a license, the City Council will be asked to approve each license for a specific address in the DDA District. Licenses cannot be moved to another address. It will be a requirement of the MSDDA to keep an updated list of investment in the DDA District to submit to the MLCC as each license requests approval. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 4  At this time Council could take action to approve a resolution establishing a Manistee Main Street Redevelopment Project Area. c.) CONSIDERATION OF A RESOLUTION, MANISTEE INN & MARINA LIQUOR LICENSE. In the preceding agenda item Council was asked to establish a MSDDA Redevelopment Project Area. If this item was approved, the MSDDA has submitted a resolution for Council to approve the issuance of a liquor license to the Manistee Inn & Marina located at 378 River Street by the Michigan Liquor Control Commission under the redevelopment program. At this time Council could take action to approve a resolution supporting the application by Manistee Inn & Marina of 378 River Street for a liquor license through the Michigan Liquor Control Commission. d.) CONSIDERATION OF ORDINANCE 15-09, PARKS AND BEAUTIFICATION COMMISSION. The Parks and Beautification Commission have recommended that “and Beautification” be removed from their title; and that the governing ordinance also be amended to reflect that change. The City Attorney has prepared ordinance amendments to make these changes and to delete redundant language in Section 289.02 B. Since the amendments are non-substantive in nature, the Council Ordinance Commission has deferred action to the full Council. 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 15-09 amending Chapter 289 deleting duplicate language and deleting all references to Parks and Beautification Commission. e.) CONSIDERATION OF RENTAL INSPECTION SERVICE PROVIDER CONTRACT. The City advertised for proposals for a Rental Inspection Provider. Two proposals were received and both applicants were interviewed by a committee. Following the interviews the committee selected Spicer Group as the top candidate and Spicer Group is being recommended by the committee. The City Attorney has prepared a contract for this service. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 5  The Residential Rental Properties Program was established in 2000. A resolution has been prepared that reflects the fees that would be charged by the Rental Inspection Service Provider for services under the program. At this time Council could take action to authorize the Mayor and City Clerk to sign an agreement with Spicer Group as the Rental Inspection Service Provider; and further adopt a resolution amending the City Fee Schedule to reflect the fees as stated in the contract. f.) CONSIDERATION OF ENTERING INTO A ONE-YEAR CONTRACT FOR ASSESSING SERVICES. City Assessor Julie Beardslee retired in March 2015. The City unsuccessfully advertised for a Michigan Certified Assessing Officer (Level II) to fill this position. At the June 9, 2015 Council work session, Council directed administration to contract out the service to complete the 2016 assessment roll. The contract has been reviewed and approved by the City Attorney. At this time Council could take action to enter into a one-year contract for assessing services with Great Lakes Assessing, Inc. and designate Marlene Whetstone as City Assessor; and further authorize the Mayor and City Clerk to execute the agreement. *g.) CONSIDERATION OF RESCHEDULING THE JULY BOARD OF REVIEW TO WEDNESDAY, JULY 22, 2015. Traditionally the July Board of Review is held on the Tuesday following the third Monday in July. State law allows this to be rescheduled to another day of the same week. In order for the City Assessor to be present at the Board of Review, the day needs to be rescheduled to Wednesday, July 22, 2015. This action is recommended regardless of Council action on the preceding agenda item. At this time Council could take action to reschedule the July Board of Review to Wednesday, July 22, 2015. h.) CONSIDERATION OF SELECTING A CITY RECYCLING PROGRAM FOR FISCAL YEAR 2015-2016. Council has reviewed options for residents to recycle glass, metal, plastics and mixed fiber products. Options include the current program (status quo), joining the County P.A. 69 program, or mandatory curbside recycling. Based upon the success and cost effectiveness of the current program, staff recommends maintaining the status quo and relocating the site from within the Public Works yard. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 6  At this time Council could take action to select the status quo option for recycling and authorize the Department of Public Works to develop an alternate site. i.) CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Ad Hoc Deer Herd Committee, Compensation Commission, Downtown Development Authority, Harbor Commission, PEG Commission and the Zoning Board of Appeals. 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: AD HOC DEER HERD COMMITTEE. To develop a long-term strategy for deer herd management, Mayoral appointment. John R. Brakora, 536 Eighth Street Robert C. Hornkohl, 432 Cedar Street Josh Penland, 815 Dinsen Street Barry Peterson, 575 Eighth Street Roger Zielinski, 529 First Street COMPENSATION COMMISSION. Two vacancies, terms ending 09/30/17 and 09/30/19, applicants must be registered voters in the City, Mayoral appointment. None DOWNTOWN DEVELOPMENT AUTHORITY. One vacancy, four-year term ending 06/30/19, applicants must have an interest in property in the downtown district, Mayoral appointment. None HARBOR COMMISSION. Two vacancies, unexpired terms ending 10/31/15, Council appointment. None CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 7  PEG COMMISSION. Three vacancies, one term ending 12/31/17 and two unexpired terms ending 12/31/15, applicants must be Manistee County residents, Council appointment. None ZONING BOARD OF APPEALS. One alternate member vacancy, three-year term ending 05/31/18, Mayoral 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 PLANNING COMMISSION AND THE MUSEUM/HISTORIC DISTRICT. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. Roger Yoder will report on the activities of the Planning Commission and respond to any questions the Council may have regarding their activities. At this time Mr. Mark Fedder will report on the activities of the Museum/Historic District 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, July 14, 2015 at 7 p.m. A discussion will be conducted on such business as may come before the Council. No action is required on this item. CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 8 *c.) CONSIDERATION OF CONSERVATORY OF DANCE BOTTLE DRIVE. The Conservatory of Dance is requesting authorization to conduct a bottle drive fundraiser on Saturday, July 11, 2015 in the City of Manistee between the hours of 10 a.m. and 1 p.m. At this time Council could take action to authorize a bottle drive by the Conservatory of Dance on Saturday, July 11, 2015. *d.) CONSIDERATION OF GRAPES ON THE RIVER EVENT REQUEST. The Manistee Area Chamber of Commerce is requesting authorization to conduct their annual Grapes on the River event on Saturday, July 25, 2015. The event takes place on the marina property and the adjacent streets; River Street would be closed to traffic from Pine to Spruce Street. The event is scheduled from 2 p.m. to 6 p.m. Tents will be set up on River Street with wine, beer and food vendors. The Chamber has also rented the Marina Open Space for this event. At this time Council could take action to authorize the use of City property for the annual Grapes on the River Event on July 25, 2015. *e.) CONSIDERATION OF SALVATION ARMY BELL RINGING FUNDRAISER. The Salvation Army is requesting permission to hold a kettle drive at two locations in the City (Oleson’s Food Store and the Salvation Army Office on Water Street) the weekend of July 10 and 11, 2015. At this time Council could take action to authorize a Salvation Army bell ringing fundraiser in the City of Manistee on July 10 and 11, 2015. 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 – JULY 7, 2015 PAGE 9 RBB:cl COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – June 16, 2015 Council Work Session Minutes – June 23, 2015 Cash Balances Report AES Service Contract MSDDA Redevelopment Project Area Resolution Manistee Inn & Marina Liquor License Resolution Ordinance 15-09 Parks & Beautification Commission Rental Inspection Service Provider Contract Contract for Assessing Services Resolution to Reschedule July Board of Review Recycling Program Options Board and Commission Applications Conservatory of Dance Bottle Drive Request Grapes on the River Event Request Salvation Army Fundraiser Request CITY COUNCIL AGENDA – JULY 7, 2015 PAGE 10  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, June 16, 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, Planning & Zoning Administrator ‐ Denise Blakeslee, Public Safety Director – Dave Bachman, and City Engineer – Shawn Middleton / Spicer Group. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. None received. CONSENT AGENDA.  Minutes ‐ June 2, 2014 ‐ Regular Meeting ‐ June 9, 2015 ‐ Work Session  Payroll ‐ May 25 –June 7, 2015 ‐ $ 125,150.59  Monthly Bills ‐ May 14, 2015 ‐ $ 333,183.27 ‐ May 26, 2015 ‐ $ 3,536.17 ‐ May 29, 2015 ‐ $ 159,722.51  Consideration of Adopting Ordinance 15‐06, Repealing Chapter 253 of the Code of Ordinances, the Ramsdell Theatre Civic and Cultural Center Governing Authority. This ordinance was introduced at the regular meeting of June 2, 2015 and could be adopted at this time.  Notification Regarding a Special Work Session – June 23, 2015 One of the components of the Redevelopment Ready Communities program is to identify and prioritize redevelopment sites. This will be a joint work session of the City Council, Planning Commission, Main Street DDA, Historic District Commission, and the Zoning Board of Appeals; and such business as may come before the Council. No action is required on this item.  Consideration of Event Signage Request by the Manistee Eagles. A request has been received from the Manistee Eagles to allow the placement of five signs advertising three events: Taco Tuesday, Coney Island Night, and their Poker Run. Under Section 2101.A.8 City Council may approve exceptions to the Sign Ordinance for community events. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015  Consideration of Event Signage Request for the Manistee Shoreline Showcase Concert Series. A request has been received from the Manistee Shoreline Showcase Concert Series to allow the placement of eight signs advertising their Tuesday night summer concert series. Included in their request is permission from the City to install a sign in the roundabout at First Street directing traffic to the Gazebo. Under Section 2101.A.8 City Council may approve exceptions to the Sign Ordinance for community events.  Consideration of DAV Forget‐Me‐Not Sale. The Manistee Salt City Post Chapter 43 Disabled American Veterans is requesting authorization to conduct their annual Forget‐Me‐Not fundraiser in the City of Manistee on Friday and Saturday, August 7 and 8, 2015. Proceeds will be used for programs to benefit local veterans and their wives; including the DAV transportation program. MOTION by Cote, second by Goodspeed to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF ESTABLISHING AN AD HOC DEER HERD COMMITTEE. In accordance with Section 13‐16 of the Charter, special committees for particular purposes may be appointed by the Mayor, by City Council, or by the City Manager to investigate and/or make recommendations to the City Administration or City Council. Such committee shall be ad hoc and serve only until such time their charge has been fulfilled. For the past several years Council has discussed culling deer. In October 2014 Council took action to authorize a deer herd cull up to 50 deer. In January 2015 Council rescinded that decision and the cull did not occur. A couple of councilmembers have requested that additional research be completed regarding feeding or culling deer. MOTION by Smith, second by Zielinski to establish an Ad Hoc Deer Herd Committee and authorize the City Clerk to advertise for committee positions. Discussion followed regarding the composition and purpose of the committee. With a roll call vote this motion passed, 6‐1. AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: Kenny CONSIDERATION OF TWELFTH STREET IMPROVEMENTS. Improvement of Twelfth Street, as it exists between Maple and Oak Streets in Filer Township, requires that the rights of the public be established through litigation. Attempts at resolving the matter with the | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 adjoining property owners have not been successful. One option to confirm the public right to use Twelfth Street in Filer Township would be through condemnation. Another alternative, short of condemnation, would be to file a lawsuit to claim the portion of Twelfth Street in Filer Township as a public road based upon the theory of Implied Dedication, Highway by User or any other equitable remedy available to the City. MOTION by Goodspeed, second by Smith to authorize the City Attorney to initiate a lawsuit in the Manistee County Circuit Court asserting that Twelfth Street exists as a public road in Filer Township between Maple and Oak Streets. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF CHANGES TO THE CITY COUNCIL POLICY CP‐20, MICHIGAN FREEDOM OF INFORMATION ACT. Public Act 563 of 2014 made significant changes to the way that public bodies respond to Freedom of Information Act (FOIA) requests. The Amendments take effect on July 1, 2015. Some of the changes to Michigan’s FOIA are: 1. The amount of fees and the method of calculation of fees for a FOIA request. 2. Municipalities must adopt and make available guidelines and procedures in a form that is understandable to the general public. 3. The guidelines and procedures must include deposit requirements, method of calculation of fees and costs and the process by which a citizen may appeal a municipality’s determination regarding their FOIA request. 4. Allows municipalities to contract services to separate and delete exempt information from a FOIA request and allows recovery for the contracted services, but not more than an hourly rate equal to six times the state minimum hourly wage. 5. The penalty imposed on municipalities for FOIA violations has increased, along with the implementation of provisions that impose penalties for charging an excessive fee. For the City to implement the FOIA changes Council must approve a FOIA Policy that conforms to the new law. The City Attorney has developed a number of documents for Council’s review and consideration including: FOIA Procedures and Guidelines, Public Summary of FOIA Procedures and Guidelines, FOIA Request Form, FOIA Cost Estimate Worksheet, and a Resolution to adopt and appoint City Manager as FOIA Coordinator. MOTION by Smith, second by Zielinski to amend Council Policy CP‐20, to include new provisions of | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 Public Act 563 of 2014 to the Michigan Freedom of Information Act (FOIA). With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF ORDINANCE Z15‐04, PENINSULA DISTRICT. Ordinance Z15‐04 was drafted after the Planning Commission completed an in‐depth review of the PD‐ Peninsula District in response to a directive from City Council. Amendments will be made to Article 3: Districts, Dimensional Standards Uses Table and Zoning Map (Table 3‐1 City of Manistee Schedule of Regulations and Table 3‐2 Uses Permitted by Right, and Special Land Use Permit); Article 5: General Provisions (Section 511 Driveways and Curb Cuts and Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks); Article 6: Peninsula District (Section 600 Purpose and Intent, Section 601 Uses Permitted by Right, Section 602 Uses Permitted by Special Land Use, Section 604 Dimensional Standards, DELETE Section 603 Uses Permitted by Special Land Use Permit, Requires Frontage on a Key Street Segment and Section 605 Peninsula District Renaissance Zone Standards); Article 12: Waterfront District (DELETE Section 1205 Waterfront Renaissance Zone Standards) and Article 21: Signs (Table 2100‐1 – Use Types and Sign Standards, Section 2107 Use Type 2, Commercial and Office). This ordinance has been reviewed 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. MOTION by Gustad, second by Zielinski to introduce Ordinance Z15‐04 amending Article 3 Districts, Dimensional Standards Uses Table and Zoning Map, Article 5 General Provisions, Article 6 Peninsula District, Article 12 Waterfront District, and Article 21 Signs of the City of Manistee Zoning Ordinance. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF ORDINANCE Z15‐05 GREEN INFRASTRUCTURE LANGUAGE. Ordinance Z15‐05 was drafted in response to a requirement of the Redevelopment Ready Communities program where the Zoning Ordinance must include green infrastructure language. Amendments will be made to Article 2: Definitions and Interpretation (ADD definition for pervious paving to Section 217 P, rain gardens to Section 219 R, swale bio‐filtration and swale, vegetated or rock to Section 220 S, and vegetated roof to Section 223 V); Article 5: General Provisions (AMEND Section 503 Performance Standards Item 3, AMEND Section 511 Driveway and Curb Cuts, Item D and Item F, Section 514 Vehicular Parking Space, Access, Bike Parking and Sidewalks, Item E and ADD Item F, AMEND Section 531 Landscaping and Screening, Item A and Item F). | Page 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 This ordinance has been reviewed 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. MOTION by Smith, second by Cote to introduce Ordinance Z15‐05 adding green infrastructure language to Article 2 Definitions and Interpretation and Article 5 General Provisions of the City of Manistee Zoning Ordinance. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF ORDINANCE AMENDMENT 15‐07 CHAPTER 606 ANIMALS. An Ad Hoc Domestic Animals Committee has been working on Amending Chapter 606 Animals since 2013. Changes in the Generally Accepted Agriculture Management Practices (GAAMP) resulted in the ordinance being put on hold so that language for the inclusions of Chickens or Ducks could be added to the amendment. This ordinance has been reviewed 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. MOTION by Smith, second by Zielinski to introduce Ordinance 15‐07 Chapter 606 Animals of the City of Manistee Codified Ordinances. With a roll call vote this motion passed,6‐1. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, and Gustad NAYS: Wittlieff CONSIDERATION OF BUDGET AMENDMENT 2015‐1 FOR FISCAL YEAR ENDING JUNE 30, 2015. The City is required by State law to ensure that actual expenditures do not exceed budgeted amounts. Over the course of the current fiscal year, unanticipated and unbudgeted events and/or Council approved expenditures have occurred. The proposed budget amendment addresses the expenditures associated with these events and attempts to project what final year‐end expenditures will be to avoid any year‐end negative budget variances. MOTION by Smith, second by Wittlieff to adopt budget amendment 2015‐1 for fiscal year ending June 30, 2015. With a roll call vote this motion passed unanimously. | Page 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF BIDS FOR SWEETNAM PUMP STATION REPAIRS AND UPGRADES. The City utility departments maintain a projected capital improvement list for upgrading critical infrastructure. One of two pumps at the Sweetnam Pump Station has failed, causing operational issues during periods of heavy flow. This project will upgrade the station to current City standards. The following bids were received: Bidder Bid Alternate A Alternate B Swidorski Brothers $43,750* $24,970* $15,000 Elmer’s $99,549 $35,866 $3,080 *The low base bid and Alternate A is being recommended in a total amount of $68,720. The City Attorney has reviewed and approved the contract. MOTION by Smith, second by Zielinski to award the low base bid and Alternate A in the amount of $68,720 to Swidorski Brothers Excavating, LLC and further authorize the Mayor and City Clerk to execute the contract. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF BIDS FOR INDUSTRIAL PARK PUMP STATION REPAIRS AND UPGRADES. The City utility departments maintain a projected capital improvement list for upgrading critical infrastructure. The Industrial Park Pump Station has failed, causing operational issues during periods of heavy flow. This project will upgrade the station to current City standards. The following bids were received: Bidder Bid Alternate A Alternate B Swidorski Brothers $29,600* $24,970* $15,000* Elmer’s $97,795 $37,366 $9,050 *The low base bid, Alternate A and Alternate B are being recommended in a total amount of $69,570. The City Attorney has reviewed and approved the contract. MOTION by Gustad, second by Smith to award the low base bid, Alternate A and Alternate B in the amount of $69,570 to Swidorski Brothers Excavating, LLC and further authorize the Mayor and City | Page 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 Clerk to execute the contract. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None A REPORT FROM THE FINANCE DIRECTOR. Mr. Ed Bradford reported on the activities of the Finance Department and the Oil & Gas Investment Board and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Comments were received by:  Karen Wrzesinski Goodman – 1925 12th Street / reintroduced herself as 6th District County Commissioner.  Ted Arens & Mayor Kenny / June 20th plaque dedication and proclamation for the crew of the USS Liberty.  Patrick Kay – MSDDA Director / changes in the Riverwalk painting project.  Jill Nowak – Manistee County Clerk / reintroduced herself and gave a background of the duties of the County Clerk’s office. OFFICIALS AND STAFF. Wright stated that Council petition packets for districts 2, 4, and 6 are now available, petitions are due 7/21/15. COUNCILMEMBERS. Smith thanked Blakeslee in the Planning Department for help received; and thanked the Police Department for the help on the restrictive parking on Flag Day. CONSIDERATION OF A CLOSED SESSION, UNION CONTRACT NEGOTIATIONS. Interim City Manager R. Ben Bifoss has requested a Closed Session this evening as permitted by the Michigan Open Meetings Act, Section 8 (c) to discuss contract negotiations with the International Association of Fire Fighters. MOTION by Cote, second by Goodspeed to proceed to Closed Session under Section 8 (c) of the Michigan Open Meetings Act. Time: 8:08 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad | Page 7  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 16, 2015 NAYS: None MOTION by Goodspeed, second by Cote to return to Regular Session. Time: 8:17 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF A COLLECTIVE BARGAINING AGREEMENT WITH THE IAFF UNION. MOTION by Cote, second by Goodspeed to approve a three‐year collective bargaining agreement with the International Association of Fire Fighters; and authorize the Mayor and City Clerk to execute the document. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None ADJOURN. MOTION to adjourn was made by Goodspeed, second by Cote. Meeting adjourned at 8:18 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 8  Annual Joint Meeting City Council Downtown Development Authority Historic District Commission Planning Commission Zoning Board of Appeals June 23, 2014 The first joint meeting for the City Council, DDA, Historic District Commission, Planning Commission and Zoning Board of Appeals was held at a Special Worksession of the City Council on Tuesday, June 23, 2014 at 7 pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. PRESENT City Council: Ed Cote, Chip Goodspeed, Colleen Kenny, Mark Wittlieff, Roger Zielinski Downtown Development Authority: Brandon Ball, Patrick Kay, Todd Mohr, Jeff Reau Historic District Commission: Aaron Bennett, Dave Carlson, T. Eftaxiadis, Teena Kracht, John Perschbacher, Mary Russell Planning Commission: Maureen Barry, Ray Fortier, Marlene McBride, Roger Yoder Zoning Board of Appeals: Bill Kracht Others: R. Ben Bifoss (Acting City Manager), Denise Blakeslee (Planning & Zoning Administrator) and others Ms. Blakeslee explained that one of the components of the Redevelopment Ready Communities program is to identity and prioritize redevelopment sites. The City is responsible to maintain a list of high priority sites for redevelopment (five to ten properties). Additionally an annual meeting between the City Council, Planning Commission, Main Street/DDA, Historic District Commission, and Zoning Board of Appeals is required. Staff noted that next year members of the Brownfield Redevelopment Authority will be included in the process. One of the benefits after receiving certification in the Redevelopment Ready Community program is that they will market up to three packaged sites in the City. They also provide assistance in developing the marketing materials and will promote them at various conferences throughout the state. Each participant received a copy of the Opportunity Michigan marketing materials that included 400 & 401 River Street and 21Cypress Street. Staff and the Planning Commission had compiled a list of sites for discussion that were sent to everyone prior to the meeting. The information included a short history on each property to help assist in the review process. Some of the parcels were contiguous and “bundled” into one site for discussion purposes. Ms. Blakeslee reviewed the 30 sites that were included in the packet with a PowerPoint presentation. 1   Blarney Castle (Arthur Street) - 3 parcels  Blarney Castle (21 Cypress Street)/Port City Fellowship Church (270 River Street)- 3 parcels  Blarney Castle – (Cleveland St) - 2 –parcels  Candy Mountain (400 Sibben St)  Century Boat (51 Ninth Street)  City Drug (401 River Street)  Consumers (25 Arthur Street)  First Street Tavern (303 First Street)  Gliks (400 River Street)  GT Tire (305 River Street)  Hotel Chippewa – (80 Pine Street) - vacant  Industrial Park Lots 12 & 13 - vacant  Joslin Cove (US 31/Arthur Street)  Liquid Dustlayers (1501 Main Street)  Little Caesars (91 Arthur Street)  Manistee Cottage Garden (259 Fifth Street)  Milwaukee House (259 River Street)  PENINSULA - Iron Works (257 River Street), Consumers (Vacant Ashland St), Sengs (200 River)  PENINSULA - 5 vacant Lots  Pink Pump (302 First Street)  Radio Hill (US 31 South) - vacant  Rengo (518 First Street)  Roadway Inn (200 Arthur Street)  Salty Dog Saloon (1500 Main Street)  Sand Products (Adams Street) - vacant  Sand Products (Fifth Avenue) - vacant  Seng’s Sand Pit (US 31 South) - vacant  State Police Post (212 Arthur Street)  Washington School/MAPS - vacant  55 Acres/Cherry Street - vacant The members were asked if any additional sites should be included. The following were added to the list:  Add (include) the two parcels south of the three Blarney Castle properties on Arthur Street  Hotel Northern (141 – 147 Washington Street)  North Channel Outlet (86 Washington Street)  Former Manistee Area Public Schools Vocational Building (100 Washington Street)  Lees Beauty Shop on the old Truck Route  Dale Picardat’s building on the old Truck Route (314 Sibben Street)  Bank Building /Little River Band of Ottawa Indians (375 River Street) Each member was polled to give their top three sites along with a short reason for selecting the site which resulted in selection of nine sites. After the sites were selected the group worked on developing a vision for each site. Staff had drafted language for the group to assist with the process. The sites/vision for the nine selected are as follows (in no particular order): 2 THREE PARCELS Blarney Castle- former Mobile Station and Vacant Lot (21 Cypress Street) Port City Fellowship Church (270 River Street) with the potential to acquire the adjacent parcel to the east. Vision: Remove structures and acquire property to the east to create a large buildable parcel on one of the busiest intersections in town. Green space in front of building (US 31) with parking behind accessed from Mason and River Street. Creating a great location for a restaurant that accents the entrance to the Peninsula District. Notes - Determine if tanks have been removed. City Drug (401 River Street) Vision: Mixed use of commercial on first floor and multiple residential units on the second floor. Glik’s (400 River Street) Vision: Renovate building, add second and or third story for mixed use. Divide building into multiple store fronts that utilizes both River Street and the Riverwalk. Potential for rooftop dining and or garden. OR Renovate existing single story structure into multiple commercial spaces. Update the façade of the building. Potential for office spaces to be created overlooking the river accessed by a common corridor. GT Tire (305 River Street) Vision: Tear down existing building and construct a new commercial building utilizing the entire parcel. Former Hotel Chippewa vacant property (80 Pine Street) Vision: Anchor property in the DDA – owner is looking for investors. Develop as a mixed use with a combination of commercial on the first floor and three story hotel or apartments or mixture of both that takes advantage of the view of the river and proximity to the downtown with a green space component that could be used for concerts, events etc. Joslin Cove (US 31/Arthur Street) Vision: Complete development of Condominium Project OR Remove foundations and create green space. Revise PUD and reconfigure layout of development including a hotel and marina 3 Little Caesars (91 Arthur Street) Vision: Utilize existing building for water sport rentals/sales or another commercial use. OR Tear down building and construct multi-unit residential property with a marina PENNINSULA THREE PARCELS Iron Works (254 River Street) Consumers vacant parcel (Ashton Street) Sengs (200 River Street) Vision: Iron Works Building, mixed use development including residential. Utilize Consumers vacant parcel and Seng’s property for a PUD that includes a wide range of mixed uses including residential, possible hotel/conference center featuring views of Manistee Lake while maintaining a view corridor from River Street to the lake. Add riverwalk for easy foot traffic access to the downtown Roadway Inn (200 Arthur Street) Vision: Renovate the building for its existing use as a hotel/conference facility with a restaurant/bar. OR Demolish structure and develop as a mixture of commercial/residential uses that utilizes the view of Manistee Lake Reconfigure curb cuts for safe entrance/exit to site Staff will contact the property owners to see if they wish to participate in the promotion of their properties. If the owner is not interested in promoting their property it will be removed from the list. This exercise also provides a venue to communicate with the owners of the properties that we have not used in the past. Each Board and Commission gave a brief update on their current projects. The meeting concluded around 8:15 pm ___________________________________________ Denise J. Blakeslee, Planning & Zoning Administrator 4  CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: MAY 6/30/2015 City of Manistee 1:06 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 100 - A\P PAYING FUND Dept: 000 001.000 Cash 4,063.79 496,442.30 496,441.95 4,064.14 Total Dept: 000 4,063.79 496,442.30 496,441.95 4,064.14 Fund: 100 4,063.79 496,442.30 496,441.95 4,064.14 Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 1,122,038.90 133,466.40 483,897.42 771,607.88 001.002 Cash - Escrow 98,248.93 1,305.00 1,105.00 98,448.93 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,220.31 4.86 0.00 57,225.17 Total Dept: 000 1,278,308.14 134,776.26 485,002.42 928,081.98 Fund: 101 1,278,308.14 134,776.26 485,002.42 928,081.98 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 206,041.36 38,241.01 30,307.04 213,975.33 Total Dept: 000 206,041.36 38,241.01 30,307.04 213,975.33 Fund: 202 206,041.36 38,241.01 30,307.04 213,975.33 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 30,522.50 17,075.23 9,890.39 37,707.34 Total Dept: 000 30,522.50 17,075.23 9,890.39 37,707.34 Fund: 203 30,522.50 17,075.23 9,890.39 37,707.34 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 32,367.50 7,143.99 936.85 38,574.64 Total Dept: 000 32,367.50 7,143.99 936.85 38,574.64 Fund: 204 32,367.50 7,143.99 936.85 38,574.64 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 75,974.24 19,829.74 68,379.51 27,424.47 001.030 Cash Mgt Chk 99,003.64 4.20 0.00 99,007.84 Total Dept: 000 174,977.88 19,833.94 68,379.51 126,432.31 Fund: 226 174,977.88 19,833.94 68,379.51 126,432.31 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 31,494.67 9,140.09 9,140.09 31,494.67 Total Dept: 000 31,494.67 9,140.09 9,140.09 31,494.67 Fund: 243 31,494.67 9,140.09 9,140.09 31,494.67 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 53,220.02 2,658.00 0.00 55,878.02 001.020 Money Market 457,007.86 0.00 0.00 457,007.86 Total Dept: 000 510,227.88 2,658.00 0.00 512,885.88 Fund: 245 510,227.88 2,658.00 0.00 512,885.88  CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: MAY 6/30/2015 City of Manistee 1:06 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash 53,584.66 0.00 4,997.00 48,587.66 Total Dept: 000 53,584.66 0.00 4,997.00 48,587.66 Fund: 275 53,584.66 0.00 4,997.00 48,587.66 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 8,352.33 1,379.02 3,166.67 6,564.68 Total Dept: 000 8,352.33 1,379.02 3,166.67 6,564.68 Fund: 290 8,352.33 1,379.02 3,166.67 6,564.68 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 105,903.83 31,186.86 29,800.33 107,290.36 004.000 Cash - Petty 200.00 0.00 0.00 200.00 Total Dept: 000 106,103.83 31,186.86 29,800.33 107,490.36 Fund: 296 106,103.83 31,186.86 29,800.33 107,490.36 Fund: 297 - FRIENDS OF THE RAMSDELL Dept: 000 001.000 Cash 2,314.59 705.03 0.00 3,019.62 Total Dept: 000 2,314.59 705.03 0.00 3,019.62 Fund: 297 2,314.59 705.03 0.00 3,019.62 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 128,378.69 0.94 17,469.98 110,909.65 Total Dept: 000 128,378.69 0.94 17,469.98 110,909.65 Fund: 430 128,378.69 0.94 17,469.98 110,909.65 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 2,972.07 0.01 1,871.96 1,100.12 Total Dept: 000 2,972.07 0.01 1,871.96 1,100.12 Fund: 490 2,972.07 0.01 1,871.96 1,100.12 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 14,444.25 3,505.14 965.96 16,983.43 004.000 Cash - Petty 951.00 0.00 0.00 951.00 Total Dept: 000 15,395.25 3,505.14 965.96 17,934.43 Fund: 508 15,395.25 3,505.14 965.96 17,934.43 Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 177,660.30 298,162.48 253,534.02 222,288.76 001.002 Cash - Escrow 43,100.00 2,000.00 700.00 44,400.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 489,261.91 41.45 0.00 489,303.36 017.001 MBIA MI Class - 2015 W&S RvBd 2,725,370.52 231.15 0.00 2,725,601.67 Total Dept: 000 3,435,692.73 300,435.08 254,234.02 3,481,893.79  CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: MAY 6/30/2015 City of Manistee 1:06 pm Account Number Beginning Balance Debit Credit Ending Balance Fund: 573 3,435,692.73 300,435.08 254,234.02 3,481,893.79 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 4,906.86 7,292.04 6,752.46 5,446.44 004.000 Cash - Petty 0.00 300.00 0.00 300.00 Total Dept: 000 4,906.86 7,592.04 6,752.46 5,746.44 Fund: 594 4,906.86 7,592.04 6,752.46 5,746.44 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 530,220.93 26,254.44 31,018.97 525,456.40 Total Dept: 000 530,220.93 26,254.44 31,018.97 525,456.40 Fund: 661 530,220.93 26,254.44 31,018.97 525,456.40 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 46,762.48 661,190.86 629,302.95 78,650.39 001.007 Cash - Federal & State Taxes 6.15 81,091.34 81,091.29 6.20 Total Dept: 000 46,768.63 742,282.20 710,394.24 78,656.59 Fund: 704 46,768.63 742,282.20 710,394.24 78,656.59 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 1,360.73 1,908.12 0.00 3,268.85 Total Dept: 000 1,360.73 1,908.12 0.00 3,268.85 Fund: 705 1,360.73 1,908.12 0.00 3,268.85 Grand Totals: 6,604,055.02 1,840,559.70 2,160,769.84 6,283,844.88