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City Council

Regular Meeting

Manistee, MI · September 6, 2011

AgendaMinutes

Minutes

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 6, 2011 A regular meeting of the Manistee City Council was called to order by his honor, Mayor Richard Mack on Tuesday, September 6, 2011 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Ed Cote, Robert Hornkohl, Ilona Haydon, Catherine Zaring, Richard Mack, and Alan Marshall. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – Bruce Gockerman, City Deputy Clerk – Mary Bachman, Community Development Director – Jon Rose, DPW Director – Jack Garber, Public Safety Director – Dave Bachman, and City Engineer – Jeff Mikula. CONSENT AGENDA.  Minutes ‐ August 16, 2011 ‐ Regular Meeting  Payroll ‐ August 15 ‐ 21, 2011 ‐ $ 55,017.19 ‐ August 22 ‐ 28, 2011 ‐ $ 70,946.72  Monthly Bills ‐ July 28, 2011 ‐ $1,823,627.13 ‐ August 9, 2011 ‐ $ 468,787.34 ‐ August 30, 2011 ‐ $6,350,224.09  Consideration of Ordinance Z11‐06 to the Manistee City Codified Ordinances. The Planning Commission developed an ordinance to allow Community Gardens as a permitted use in all districts in the City. The Planning Commission wanted the ordinance to be friendly and not over regulate the issue. Any nuisance issues will be addressed under the Code of Ordinance. This amendment was first introduced by Council at their meeting of August 16, 2011 and could be adopted this evening.  Notification Regarding Next Work Session – September 13, 2011 A discussion will be conducted on the Harbor Commission; and such business as may come before the Council.  Consideration of Port City Street Fair. The DDA has submitted their annual request to hold the Port City Street Fair on Saturday, September 10, 2011. River Street will be closed for vendors and entertainment from 7:00 a.m. to 12:00 a.m. beginning at Greenbush to Spruce. Event description has been attached.  Consideration of MCC Homecoming Parade. Manistee Catholic Central has requested the closure of River Street from Division Street to the City Council Minutes page 1 September 6, 2011 Senior Center for their annual homecoming parade on Friday, September 16, 2011 at 4:30 p.m.  Consideration of Annual Paint the Town Pink Walk. The West Shore Healthcare Foundation is requesting to conduct their annual Paint the Town Pink Walk on October 6, 2011 from 4:00 p.m. to 7:00 p.m. The walk will commence at the Seng’s parking lot, follow the Riverwalk to the House of Flavors, then River Street back to the Cornerstone Park. MOTION by Haydon, second by Cote to approve the Consent Agenda as stated. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall NAYS: None CONSIDERATION OF DESIGNATING A VOTING DELEGATE TO THE MICHIGAN MUNICIPAL LEAGUE ANNUAL MEETING. The annual convention of the Michigan Municipal League will be held October 5‐7, 2011. Pursuant to the provision of the League Bylaws, we are requested to designate by action of the governing body, one official who will be in attendance at the convention as the official representative to cast the vote of the City of Manistee at the annual meeting, and if possible, to designate one other official to serve as an alternate. Signed up to attend the convention are Councilmembers Hornkohl, Zaring, and Marshall; Mayor Mack and City Manager Mitch Deisch. MOTION by Haydon, second by Zaring to name Mayor Mack as the voting delegate and Councilmember Hornkohl as an alternate to the Michigan Municipal League’s annual meeting. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall NAYS: None CONSIDERATION OF RESCHEDULING THE NOVEMBER 2011 CITY COUNCIL MEETING DATES. City Council approved the schedule for regular meetings and work sessions for the year 2011 last November. At that time it was believed that the November election would be held on Tuesday, November 1 so the meeting dates were adjusted accordingly. However, the November election will actually be held on November 8, not November 1. Therefore, the City Clerk has recommended changing the date of the first meeting in November 2011 back to Tuesday, November 1 and changing the Organizational meeting to Tuesday, November 15 after the election. Discussion followed. City Council Minutes page 2 September 6, 2011 MOTION by Hornkohl, second by Haydon to change the dates of the first regular meeting in November 2011 and the Organizational meeting to Tuesday, November 1, 2011 and Tuesday, November 15, 2011 respectively. Discussion followed. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall NAYS: None CONSIDERATION OF A RESOLUTION, MDEQ S2 GRANT APPLICATION. The City’s Wastewater Treatment Plant is regulated by a National Pollution Discharge Elimination System (NPDES) permit. The current permit requires all Combined Sewer Overflows be eliminated by 2016. Further study of the system and identification of the remaining infiltration and inflow sources is necessary to meet the permit requirement. The Engineer of Record is requesting the City apply for a Michigan Department of Environmental Quality (MDEQ) S2 grant in the amount of $249,000 to cover these study costs. Grant funding from the MDEQ would cover 90% of the costs associated with the work. If the City receives the grant the local match will be 10% or $24,900 toward the project. Should the City not receive the grant, the additional study will not be undertaken. MOTION by Hornkohl, second by Cote to approve a resolution of support to apply for a MDEQ S2 grant in the amount of $249,000. Discussion followed. City Engineer, Jeff Mikula made a brief presentation and responded to questions the council had. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Haydon, Zaring, Mack, and Marshall NAYS: None PRESENTATION OF A RESOLUTION OF APPRECIATION TO BRUCE C. GOCKERMAN UPON HIS BEING GRANTED EMERITUS CITY ATTORNEY STATUS. A REPORT FROM THE DEPARTMENT OF PUBLIC WORKS AND THE TREE COMMISSION. Mr. Brandon Prince, DPW Employee reported on the activities of the Department of Public Works and the Tree Commission and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Cyndy Fuller, 18 Cottage Lane congratulated Bruce Gockerman on his retirement stating that he is a “real class act”. City Council Minutes page 3 September 6, 2011 Mary Murton, 315 5th Ave., reported a potential blighted property located at 210 Fifth Ave. Julie Raymond and Nancy Day stated that the 4th Annual Paint the Town Pink is scheduled for October 6, 2011 with a 4pm registration and a 5pm walk. This year theme is: GET PINKED. OFFICIALS AND STAFF. Mitch Deisch, City Manager stated that in the last 2‐3 weeks he has spoken to every resident that lives on Quincy Street. They are requesting that Quincy Street be repaved. Deisch recommended a 2012‐2013 Road Plan. Secondly, Deisch stated that the Corps of Engineer will not be dredging in our area next year. Deisch discussed a couple of options with the Council. Jon Rose, Community Development Officer wished Bruce Gockerman the best on his retirement. COUNCILMEMBERS. Alan Marshall stated that he appreciated the professionalism of Bruce Gockerman; his integrity is impeccable. Ilona Haydon thanked Bruce Gockerman for his service. Mayor Mack thanked the Transportation Committee for a successful First Annual Labor Day Walk. ADJOURN. MOTION to adjourn was made by Hornkohl, second by Cote. Meeting adjourned at 8:01 p.m. Mary Bachman CMC Deputy City Clerk/Payroll & Benefits City Council Minutes page 4 September 6, 2011

Agenda

MANISTEE CITY COUNCIL MEETING AGENDA Tuesday, September 6, 2011 - 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. If the Mayor or any member of the Council wishes to discuss an item on the consent agenda, it will be deleted from the consent agenda and considered in its regular order on the agenda. Consent agenda items include: V. Approval of Minutes. VI. a.) Approval of Payroll. b.) Monthly Bills. VII. a.) Consideration of Ordinance Z11-06 to the Manistee City Codified Ordinances. XI. c.) Notification Regarding Next Work Session. d.) Consideration of Port City Street Fair. e.) Consideration of MCC Homecoming Parade. f.) Consideration of Annual Paint the Town Pink Walk. At this time Council could take action to approve the Consent Agenda as presented. *V. Approval of Minutes. Approval of the minutes of the August 16, 2011 regular meeting as attached. -1- VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) MONTHLY BILLS. VII. Unfinished Business. *a.) CONSIDERATION OF ORDINANCE Z11-06 TO THE MANISTEE CITY CODIFIED ORDINANCES. The Planning Commission developed an ordinance to allow Community Gardens as a permitted use in all districts in the City. The Planning Commission wanted the ordinance to be friendly and not over regulate the issue. Any nuisance issues will be addressed under the Code of Ordinance. This amendment was first introduced by Council at their meeting of August 16, 2011 and could be adopted this evening. At this time Council could take action to adopt Ordinance Z11-06, to the Manistee City Codified Ordinances. VIII. New Business. a.) CONSIDERATION OF DESIGNATING A VOTING DELEGATE TO THE MICHIGAN MUNICIPAL LEAGUE ANNUAL MEETING. The annual convention of the Michigan Municipal League will be held October 5- 7, 2011. Pursuant to the provision of the League Bylaws, we are requested to designate by action of the governing body, one official who will be in attendance at the convention as the official representative to cast the vote of the City of Manistee at the annual meeting, and if possible, to designate one other official to serve as an alternate. Signed up to attend the convention are Councilmembers Hornkohl, Zaring, and Marshall; Mayor Mack and City Manager Mitch Deisch. At this time Council could take action to name the voting delegate and an alternate to the Michigan Municipal League’s annual meeting. b.) CONSIDERATION OF RESCHEDULING THE NOVEMBER 2011 CITY COUNCIL MEETING DATES. City Council approved the schedule for regular meetings and work sessions for the year 2011 last November. At that time it was believed that the November election would be held on Tuesday, November 1 so the meeting dates were adjusted -2- accordingly. However, the November election will actually be held on November 8, not November 1. Therefore, the City Clerk has recommended changing the date of the first meeting in November 2011 back to Tuesday, November 1 and changing the Organizational meeting to Tuesday, November 15 after the election. At this time Council could take action to change the dates of the first regular meeting in November 2011 and the Organizational meeting to Tuesday, November 1, 2011 and Tuesday, November 15, 2011 respectively. c.) CONSIDERATION OF A RESOLUTION, MDEQ S2 GRANT APPLICATION. The City’s Wastewater Treatment Plant is regulated by a National Pollution Discharge Elimination System (NPDES) permit. The current permit requires all Combined Sewer Overflows be eliminated by 2016. Further study of the system and identification of the remaining infiltration and inflow sources is necessary to meet the permit requirement. The Engineer of Record is requesting the City apply for a Michigan Department of Environmental Quality (MDEQ) S2 grant in the amount of $249,000 to cover these study costs. Grant funding from the MDEQ would cover 90% of the costs associated with the work. If the City receives the grant the local match will be 10% or $24,900 toward the project. Should the City not receive the grant, the additional study will not be undertaken. At this time the Council could take action to approve a resolution of support to apply for a MDEQ S2 grant in the amount of $249,000. IX. Notices, Communications, Announcements. a.) PRESENTATION OF A RESOLUTION OF APPRECIATION TO BRUCE C. GOCKERMAN UPON HIS BEING GRANTED EMERITUS CITY ATTORNEY STATUS. b.) A REPORT FROM THE DEPARTMENT OF PUBLIC WORKS AND THE TREE COMMISSION. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. Jack Garber will report on the activities of the Department of Public Works and the Tree Commission and respond to any questions the Council may have regarding their activities. No action is required on this item. -3- *c.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, September 13, 2011 at 7:00 p.m. A discussion will be conducted on the Harbor Commission; and such business as may come before the Council. No action is required on this item. *d.) CONSIDERATION OF PORT CITY STREET FAIR. The DDA has submitted their annual request to hold the Port City Street Fair on Saturday, September 10, 2011. River Street will be closed for vendors and entertainment from 7:00 a.m. to 12:00 a.m. beginning at Greenbush to Spruce. Event description has been attached. At this time Council could take action to approve the Port City Street Fair on Saturday, September 10, 2011. *e.) CONSIDERATION OF MCC HOMECOMING PARADE. Manistee Catholic Central has requested the closure of River Street from Division Street to the Senior Center for their annual homecoming parade on Friday, September 16, 2011 at 4:30 p.m. At this time Council could take action to approve the MCC Homecoming Parade on Friday, September 16, 2011. *f.) CONSIDERATION OF ANNUAL PAINT THE TOWN PINK WALK. The West Shore Healthcare Foundation is requesting to conduct their annual Paint the Town Pink Walk on October 6, 2011 from 4:00 p.m. to 7:00 p.m. The walk will commence at the Seng’s parking lot, follow the Riverwalk to the House of Flavors, then River Street back to the Cornerstone Park. At this time Council could take action to authorize the annual Paint the Town Pink Walk on Thursday, October 6, 2011. X. Concerns and Comments. a.) CITIZEN COMMENT. This is an opportunity for citizens to comment on municipal affairs. Citizens in attendance may be recognized by the Mayor for comments. Signed letters from citizens may be read if so requested. Citizen comments are not limited to agenda items but should be directed toward municipal services, activities or areas of involvement. -4- b.) OFFICIALS AND STAFF. c.) COUNCILMEMBERS. XI. Adjourn. MDD:cl COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – August 16, 2011 Monthly Bills MML Convention Delegate Change November Meeting Dates MDEQ S2 Grant Resolution Port City Street Fair Request MCC Homecoming Parade Request Paint the Town Pink Walk Request -5-

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