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City Council

Regular Meeting

Manistee, MI · April 17, 2012

AgendaMinutes

Minutes

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – April 17, 2012 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, April 17, 2012 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Sid Scrimger, Robert Hornkohl, Ilona Haydon, Catherine Zaring, Beth Adams, and Alan Marshall. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, City Assessor – Julie Beardslee, Community Development Director – Jon Rose, DPW Director – Jack Garber, Finance Director – Ed Bradford, Public Safety Director – Dave Bachman, and City Engineer – Jeff Mikula/Abonmarche. PUBLIC HEARING ON THE 2012‐2013 BUDGET. The City fiscal year runs from July 1 through June 30. Under Section 7‐4 of the Charter, a public hearing is required on the budget which must be adopted not later than May 15 of each year. A work session on the budget was held on April 10; with an additional session scheduled after this meeting, and an optional session scheduled for April 24, 2012. The Budget Calendar anticipates adoption of the budget at the May 1, 2012 regular meeting. Mayor Kenny opened the floor for comments. Ray Fortier ‐ 367 Eleventh Street, commented on the proposed 8% water and sewer rate increase; stated we lost money on last budget because people cut back; elderly people with low pensions – how can they afford these rates; please reconsider the 8%. Roger Zielinski ‐ 529 First Street, agrees with Councilmember Adams on spending the oil and gas fund interest on water and sewer; need to stop spending money for a while and take care of what we have; oil and gas money belongs to the citizens; would not have to raise water and sewer rates if we spent it right. Nancy Lyon ‐ 280 Lighthouse Circle, spoke on behalf of the Ramsdell Theatre – thanked Council for the new air conditioning, roof, and restoration; the Ramsdell belongs to all of us; need to find a way to have a director there that will take care of things; there is a benefit to others when people come to the Ramsdell – people ask where to stay, where to eat. Kerry Schubach ‐ 515 Fairview Avenue, she is a board member of the Manistee Art Institute and has a passion for Manistee; the Ramsdell is a gem, has historic value, and could draw tons of people to Manistee that would spend money here; handed out articles on cultural tourism, on a similar facility in Calumet, MI, and a brochure on how every $1 spent on the arts will return $51 to the community; would hate to see people drop the ball on the Ramsdell and go back in time; it is a good thing for the community. City Council Minutes April 17, 2012 Page 1 Public Hearing closed – 7:17 p.m. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. None received. CONSENT AGENDA.  Minutes ‐ April 3, 2012 ‐ Regular Meeting ‐ April 10, 2012 ‐ Work Session  Monthly Bills ‐ March 2, 2012 ‐ $1,247,207.68 ‐ March 28, 2012 ‐ $ 283,848.17  Notification Regarding Next Work Session – April 24, 2012 An Optional Council work session has been scheduled for Tuesday, April 24, 2012 at 6 p.m. to continue discussions on the 2012‐2013 Budget and Capital Improvement Plan; and such business as may come before the Council.  Consideration of National Day of Prayer Gathering at City Hall. The National Day of Prayer Committee of Manistee County is requesting permission to gather on the steps of City Hall on Thursday, May 3, 2012. The ceremony, beginning at 12 noon, consists of several people from around our community praying for our nation, our community, the military, law enforcement, the imprisoned, and our youth. The program lasts for approximately one hour. MOTION by Haydon, second by Hornkohl to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None CONSIDERATION OF A PERMANENT EASEMENT AGREEMENT FOR RIVER PARC PLACE, LLC. In 2005 a Special Use Permit was issued to C. Gerry Seyferth for the development of a ten unit condominium project known as River Parc Place on Washington Street next to the Maple Street Bridge. The Special Use Permit was conditioned upon a 15 foot wide easement along the south edge of the property be granted to the City of Manistee for a Riverwalk. Prior to the completion of the project the property reverted back to the bank. The property has been purchased by River Parc Place LLC. Before they can get a building permit and resume work on the property the Special Use Permit needs to be transferred to River Parc Place LLC. The City Attorney has prepared and approves the Permanent Easement Agreement that meets the requirement of the Special Use Permit. City Council Minutes April 17, 2012 Page 2 MOTION by Haydon, second by Hornkohl to authorize the Mayor and City Clerk to execute the Permanent Easement Agreement with River Parc Place LLC. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None CONSIDERATION OF ENTERING INTO A GENERAL CONTRACTING SERVICE PROVIDER OF RECORD. The City advertised for proposals for a General Contracting Service Provider of Record. One proposal was received from Hansen Enterprises. The contract has been reviewed and approved by the City Attorney. MOTION by Hornkohl, second by Haydon to authorize the Mayor and City Clerk to enter into an agreement with Hansen Enterprises as the General Contracting Service Provider of Record for the City of Manistee and sign the necessary documents. Brief discussion followed. With a roll call vote this motion passed, 6‐1. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, and Marshall NAYS: Adams CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Brownfield Redevelopment Authority, Compensation Commission, Downtown Development Authority, Housing Commission, Non‐Motorized Transportation Committee, and the Zoning Board of Appeals. The following applications have been received: BROWNFIELD REDEVELOPMENT AUTHORITY – One vacancy, term ending 06/30/13, Mayoral appointment. None received. COMPENSATION COMMISSION – Two vacancies, terms ending 09/30/14 and 09/30/15, Mayoral appointment. Mary Wrzesinski, 266 Sixth Street DOWNTOWN DEVELOPMENT AUTHORITY – One vacancy, unexpired term ending 07/15/15 for an at large member, Mayoral appointment. Shari Wild, 7700 Milarch Road, Onekama MI City Council Minutes April 17, 2012 Page 3 HOUSING COMMISSION – Two vacancies, five year terms ending 05/31/17 (one must be a resident), Mayoral appointment. L. B. Bacon, 273 Sixth Avenue, Apt. 506 (resident)* NON‐MOTORIZED TRANSPORTATION COMMITTEE – Three vacancies, three year terms ending 03/31/15, Mayoral appointment. Dave Yarnell, 603 Pine Street* Jean Laskey, 326 Eighth Street ZONING BOARD OF APPEALS – One vacancy (alternate member), three year term ending 05/31/15, Mayoral appointment. Mark Wittlief, 363 Tenth Street* *Incumbent Mayor Kenny appointed Ms. Mary Wrzesinski ‐ 266 Sixth Street, to the Compensation Commission for a term ending 09/30/15. MOTION by Hornkohl, second by Marshall to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None Mayor Kenny appointed Ms. Shari Wild ‐ 7700 Milarch Road, Onekama MI, to the Downtown Development Authority for an unexpired term ending 07/15/15. MOTION by Haydon, second by Zaring to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None Mayor Kenny appointed Mr. L.B. Bacon ‐ 273 Sixth Avenue, Apt. 506, as the resident member to the Housing Commission for a five year term ending 05/31/17. MOTION by Haydon, second by Marshall to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None Mayor Kenny appointed Mr. Dave Yarnell ‐ 609 Pine Street and Ms. Jean Laskey – 326 Eighth Street, to City Council Minutes April 17, 2012 Page 4 the Non‐Motorized Transportation Committee for three year terms ending 03/31/15. MOTION by Haydon, second by Hornkohl to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None Mayor Kenny appointed Mr. Mark Wittlief – 363 Tenth Street, to the Zoning Board of Appeals as an alternate member, term ending 05/31/15. MOTION by Hornkohl, second by Haydon to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Scrimger, Hornkohl, Haydon, Zaring, Adams, and Marshall NAYS: None A REPORT FROM THE MANISTEE RECREATION ASSOCIATION AND THE ENGINEER OF RECORD. Ms. Vicki Sheffield reported on the activities of the Manistee Recreation Association and responded to questions the Council had regarding their activities. Mr. Jeff Mikula reported on the activities of Abonmarche, the City’s Engineer of Record, and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Paul Stewart ‐ Lakeshore Motel, thanked all for the hard work and support in the First Street beach area; regarding the capital improvement plan at First Street beach – he is in favor of the new facility, but is concerned about public safety, the economic impact on his motel, and the effect on the natural beauty of the beach. Steve Wall – 314 Oak Street, thanked City Council for passing the resolution proclaiming April as Parliamentarian Month; asked if there were any cost overruns associated with the power pole replacements at First Street beach that the City should be able to recapture for failure to complete them on time. Gini Pelton – 329 First Avenue, said she and many others were in attendance this evening to support Paul Stewart; realizes the City would never intentionally do anything to harm his business. OFFICIALS AND STAFF. None received. City Council Minutes April 17, 2012 Page 5 COUNCILMEMBERS. Scrimger received a request to see whatever could be done to improve Lighthouse Park, perhaps work could be done by volunteers. Haydon thanked all board and commission applicants, they are very valuable to our community; also agrees that the Ramsdell Theatre needs to find a director and really promote it. Kenny thanked all those that applied to be appointed to a board or commission; also thanked all of the citizens that came forth and spoke this evening. ADJOURN. A Council Work Session on the proposed Fiscal Year 2012‐2013 Budget and Capital Improvement Plan has been scheduled for immediately following the regular meeting. MOTION to adjourn the regular meeting was made by Hornkohl, second by Haydon. Meeting adjourned at 8:20 p.m. Michelle Wright CMC/CPFA, MiCPT City Clerk/Deputy Treasurer City Council Minutes April 17, 2012 Page 6

Agenda

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 17, 2012 – 7:00 P.M. – COUNCIL CHAMBERS I. Call to Order. a.) PLEDGE OF ALLEGIANCE. b.) ROLL CALL. II. Public Hearings. PUBLIC HEARING ON THE 2012-2013 BUDGET. The City fiscal year runs from July 1 through June 30. Under Section 7-4 of the Charter, a public hearing is required on the budget which must be adopted not later than May 15 of each year. A work session on the budget was held on April 10; with an additional session scheduled for this evening and an optional session scheduled for April 24, 2012. The Budget Calendar anticipates adoption of the budget at the May 1, 2012 regular meeting. 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. XI. b.) Notification Regarding Next Work Session. c.) Consideration of National Day of Prayer Gathering at City Hall. Council Agenda – April 17, 2012 Page 1 At this time Council could take action to approve the Consent Agenda as presented. *V. Approval of Minutes. Approval of the minutes of the April 3, 2012 regular meeting and the April 10, 2012 work session as attached. VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) MONTHLY BILLS. VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF A PERMANENT EASEMENT AGREEMENT FOR RIVER PARC PLACE, LLC. In 2005 a Special Use Permit was issued to C. Gerry Seyferth for the development of a ten unit condominium project known as River Parc Place on Washington Street next to the Maple Street Bridge. The Special Use Permit was conditioned upon a 15 foot wide easement along the south edge of the property be granted to the City of Manistee for a Riverwalk. Prior to the completion of the project the property reverted back to the bank. The property has been purchased by River Parc Place LLC. Before they can get a building permit and resume work on the property the Special Use Permit needs to be transferred to River Parc Place LLC. The City Attorney has prepared and approves the Permanent Easement Agreement that meets the requirement of the Special Use Permit. At this time Council could take action to authorize the Mayor and City Clerk to execute the Permanent Easement Agreement with River Parc Place LLC. b.) CONSIDERATION OF ENTERING INTO A GENERAL CONTRACTING SERVICE PROVIDER OF RECORD. The City advertised for proposals for a General Contracting Service Provider of Record. One proposal was received from Hansen Enterprises. The contract has been reviewed and approved by the City Attorney. Council Agenda – April 17, 2012 Page 2 At this time Council could take action authorizing the Mayor and City Clerk to enter into an agreement with Hansen Enterprises as the General Contracting Service Provider of Record for the City of Manistee and sign the necessary documents. c.) CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Brownfield Redevelopment Authority, Compensation Commission, Downtown Development Authority, Housing Commission, Non-Motorized Transportation Committee, and the Zoning Board of Appeals. The following applications have been received: BROWNFIELD REDEVELOPMENT AUTHORITY – One vacancy, term ending 06/30/13, Mayoral appointment. None received. COMPENSATION COMMISSION – Two vacancies, terms ending 09/30/14 and 09/30/15, Mayoral appointment. Mary Wrzesinski, 266 Sixth Street DOWNTOWN DEVELOPMENT AUTHORITY – One vacancy, unexpired term ending 07/15/15 for an at large member, Mayoral appointment. None received. HOUSING COMMISSION – Two vacancies, five year terms ending 05/31/17 (one must be a resident), Mayoral appointment. L. B. Bacon, 273 Sixth Avenue, Apt. 506 (resident)* NON-MOTORIZED TRANSPORTATION COMMITTEE – Three vacancies, three year terms ending 03/31/15, Mayoral appointment. Dave Yarnell, 603 Pine Street* ZONING BOARD OF APPEALS – One vacancy (alternate member), three year term ending 05/31/15, Mayoral appointment. None received. *Incumbent Council Agenda – April 17, 2012 Page 3 At this time the Mayor and Council could take action to make appointments as noted above. IX. Notices, Communications, Announcements. a.) A REPORT FROM THE MANISTEE RECREATION ASSOCIATION AND THE ENGINEER OF RECORD. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Ms. Vicki Sheffield will report on the activities of the Manistee Recreation Association and respond to any questions the Council may have regarding their activities. At this time Mr. Jeff Mikula will report on the activities of Abonmarche, the City’s Engineer of Record, 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. An Optional Council work session has been scheduled for Tuesday, April 24, 2012 at 7 p.m. to continue discussions on the 2012-2013 Budget and Capital Improvement Plan; and such business as may come before the Council. *c.) CONSIDERATION OF NATIONAL DAY OF PRAYER GATHERING AT CITY HALL. The National Day of Prayer Committee of Manistee County is requesting permission to gather on the steps of City Hall on Thursday, May 3, 2012. The ceremony, beginning at 12 noon, consists of several people from around our community praying for our nation, our community, the military, law enforcement, the imprisoned, and our youth. The program lasts for approximately one hour. At this time Council could take action to authorize the National Day of Prayer gathering on Thursday, May 3, 2012 on the steps of City Hall. Council Agenda – April 17, 2012 Page 4 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. Citizen comments are not limited to agenda items but should be directed toward municipal services, activities or areas of involvement. b.) OFFICIALS AND STAFF. c.) COUNCILMEMBERS. XI. Adjourn to Budget Work Session. A Council Work Session on the proposed Fiscal Year 2012-2013 Budget and Capital Improvement Plan has been scheduled for immediately following the regular meeting. MDD:cl COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – April 3, 2012 Council Work Session Minutes – April 10, 2012 Monthly Bills River Parc Easement General Contracting Provider of Record Board and Commission Applications Day of Prayer Request Council Agenda – April 17, 2012 Page 5

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