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City Council

Regular Meeting

Manistee, MI · June 3, 2014

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Minutes

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, June 3, 2014 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Robert Hornkohl, Catherine Zaring, Mark Wittlieff, and Eric Gustad. ABSENT: Edward Cote and Robert Goodspeed. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, Finance Director – Ed Bradford, Public Safety Director – Dave Bachman, and City Engineer – Shawn Middleton/Spicer Group. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Mayor Kenny stated that additional applications for Boards and Commissions have been received after the agenda was printed. They include: ‐ Downtown Development Authority: Todd Mohr, Barry Lind, Sara Spore, and Valerie Bergstrom ‐ Parks & Beautification Commission: Mark Tomaszewski ‐ Brownfield Redevelopment Authority: Clinton McKinven‐Copus ‐ Ramsdell Theatre Governing Authority: Brian Garcia ‐ Zoning Board of Appeals: Craig Schindlbeck No citizen comments received. CONSENT AGENDA.  Minutes ‐ May 20, 2014 ‐ Regular Meeting  Payroll ‐ May 12–25, 2014 ‐ $ 121,657.85  Cash Balances Report ‐ April 2014  Notification Regarding Scheduling a Special Meeting A special meeting of the Manistee City Council has been scheduled for Tuesday, June 10, 2014 at 6:30 p.m. prior to the regular work session scheduled for that evening at 7 p.m. The only item under consideration at the special meeting will be a first reading of a revised Water and Sewer Ordinance as required due to the adoption of the recent Water and Sewer Utility Rate Study. 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.  Notification Regarding Next Work Session – June 10, 2014 A discussion will be conducted on Street Funding, Project Updates; and such business as may come before the Council. | Page 1 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014  Consideration of Manistee County Humane Society Tag Days. The Manistee County Humane Society would like to hold their annual tag day fundraiser on Friday and Saturday, August 22 & 23, 2014 in the City of Manistee. This is one of their largest fundraisers held during the year to support the Homeward Bound Animal Shelter.  Consideration of VFW Buddy Poppy Sales. The VFW Walsh Post 4499 has requested authorization to conduct their annual Buddy Poppy Sales in the City of Manistee from July 2 through July 5, 2014. Money collected from the event goes to our veteran’s relief fund and back to needy veterans in our community.  Consideration of Annual Forest Festival Activities. A request has been received from the Manistee Area Chamber of Commerce to authorize the annual Forest Festival Parade and other events beginning Wednesday, July 2 and running through Sunday, July 6, 2014. The proposed schedule has been attached and includes parades, fireworks, carnival, hospitality tent, arts & crafts show and special events for the kids. MOTION by Hornkohl, second by Wittlieff to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF INTRODUCING ORDINANCE CHAPTER 270 HOUSING COMMISSION AMENDMENTS. The initial Housing Commission ordinance was drafted in 1966. At that time and based upon the ordinance, it was the responsibility of the City Council to fix compensation for employees of the Housing Commission. More recently the State of Michigan has subsequent laws that makes it the responsibility of the Council appointed Housing Commission to set employee compensation. This ordinance has been reviewed and supported 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 Hornkohl, second by Zaring to introduce an ordinance amending Chapter 270 Housing Commission. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None | Page 2 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 CONSIDERATION OF INTRODUCING ORDINANCE CHAPTER 289 PARKS AND BEAUTIFICATION COMMISSION AMENDMENTS. The Parks and Beautification Commission have passed a motion to amend Chapter 289 removing the language that the Chair is required to be a resident of the City. All Parks and Beautification Commissioners will still be required to own property or own a business or profession having a licensed business location within the City. This ordinance has been reviewed and supported 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 Hornkohl to introduce an ordinance amending Chapter 289 Parks and Beautification Commission. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF INTRODUCING NEW ORDINANCE CHAPTER 663 FIREWORKS. City Council discussed the creation of a new ordinance to limit fireworks being discharged within the City of Manistee. No person shall ignite, discharge, or use commercial fireworks in the City between the hours of 11:00 p.m. and 8:00 a.m. This prohibition shall not preclude a person from igniting, discharging, or using consumer fireworks within the City of the day preceding, the day of, or the day after a national holiday; consistent with Act 256, except between the hours of 1:00 a.m. to 8:00 a.m. on those days. This ordinance has been reviewed and supported 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 Hornkohl to introduce a new ordinance Chapter 663 Fireworks. Questions were asked about remnants of fireworks landing on property other than your own, enforcement, and fines. With a roll call vote this motion passed, 3‐2. AYES: Hornkohl, Zaring, and Gustad NAYS: Kenny and Wittlieff CONSIDERATION OF INTRODUCING ORDINANCE 692 WEEDS. City staff has been working to amend how Chapter 692 Weeds is enforced. Based on this experience, | Page 3 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 the Department of Public Works felt there was a more efficient way to enforce the weed ordinance. This ordinance has been reviewed and supported 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 Hornkohl, second by Wittlieff to introduce an ordinance amending Chapter 692 Weeds. Changes included getting away from the four times per year scheduled cutting, but instead cutting can be done any time that it is more than 10” tall; goal is not to spend time on private property. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF INTRODUCING ORDINANCE 1028 RIVER STREET TRAFFIC FLOW, PARKING AND AMENITIES. In the late 1990s the City was preparing to complete a downtown streetscape project as part of a combined sewer separation project. Included in the original plans were bump outs (traffic calming measures) and trees downtown. A referendum vote was put before City residents to prohibit trees from being placed in the downtown. This referendum passed and Section C. of Ordinance 1028 was added. By law, Section C. could not be reversed for a two‐year period. Having passed that time period requirement, Council could now amend this section. The DDA Design Committee and the full DDA Board have approved the concept of placing trees back in the downtown area in large planters. Use of the planters would allow them to be removed for winter maintenance. This ordinance has been reviewed and supported 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 Zaring to introduce an ordinance amending Chapter 1028 Traffic Flow, Parking and Amenities. Questions were asked about the requirement of trees being placed closer to the building (item E.) rather than along the street; number of trees proposed to begin the project; opportunity for memorial funds. MOTION by Gustad, second by Hornkohl to amend the original motion to eliminate Section 1028.01 E. With a roll call vote, the motion to amend passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None | Page 4 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 Roll call vote was then taken on the original motion. Motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Brownfield Redevelopment Authority, Downtown Development Authority, Historic District Commission, Non‐Motorized Transportation Committee, Oil and Gas Investment Board, Parks & Beautification Commission, Ramsdell Theatre Governing Authority, 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 (*Incumbent): BROWNFIELD REDEVELOPMENT AUTHORITY – Two vacancies, three‐year terms ending 06/30/17; applicants must be City residents or have an interest in property in the City; Mayoral appointment. Don Kuk, 1235 Greenwich Street* Clinton McKinven‐Copus, 5480 S. Lakeshore Dr., Ludington* Mayor Kenny appointed Don Kuk – 1235 Greenwich Street to the Brownfield Redevelopment Authority for a three‐year term ending 06/30/17. MOTION by Zaring, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None Mayor Kenny appointed Clinton McKinven‐Copus – 5480 S. Lakeshore Dr., Ludington to the Brownfield Redevelopment Authority for a three‐year term ending 06/30/17. MOTION by Hornkohl, second by Gustad to support the Mayor’s appointment. Question asked about Mr. McKinven‐Copus not being a City resident or owning property in the City. Saylor responded. With a roll call vote this motion passed, 4‐1. AYES: Kenny, Hornkohl, Zaring, and Gustad NAYS: Wittlieff | Page 5 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 DOWNTOWN DEVELOPMENT AUTHORITY – Four vacancies, two four‐year terms ending 06/30/18 and two unexpired terms ending 06/30/16; at least three applicants must have an interest in property located in the downtown district; Mayoral appointment. Todd Mohr, P. O. Box 1011, Manistee Barry Lind, 532 Fourth Street* Sara Spore, 325 First Street Valerie Bergstrom, 1224 Critter Trail Mayor Kenny appointed Barry Lind – 532 Fourth Street to the Downtown Development Authority (interest member) for a four‐year term ending 06/30/18. MOTION by Hornkohl, second by Gustad to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None Mayor Kenny appointed Valerie Bergstrom – 1224 Critter Trail to the Downtown Development Authority (at large member) for a four‐year term ending 06/30/18. MOTION by Zaring, second by Hornkohl to support the Mayor’s appointment. Question was asked about her not being in the downtown district. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None Mayor Kenny appointed Sara Spore – 325 First Street to the Downtown Development Authority (interest member) to fill the unexpired term ending 06/30/16. MOTION by Zaring, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None Mayor Kenny appointed Todd Mohr – P.O. Box 1011, Manistee to the Downtown Development Authority (interest member) to fill the unexpired term ending 06/30/16. MOTION by Hornkohl, second by Zaring to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None | Page 6 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 HISTORIC DISTRICT COMMISSION – Two vacancies, one three‐year term ending 02/28/17; and one unexpired term ending 02/28/15; applicants must be city residents, Council appointment. None received. NON‐MOTORIZED TRANSPORTATION COMMITTEE – Three vacancies, one two‐year term ending 03/31/16; and two unexpired terms ending 03/31/15; Mayoral appointment. None received. OIL AND GAS INVESTMENT BOARD – One vacancy, four‐year term ending 06/30/18, Mayoral appointment. Steven Brower, 4102 College Avenue* Mayor Kenny appointed Steven Brower – 4102 College Avenue to the Oil and Gas Investment Board for a four‐year term ending 06/30/18. MOTION by Zaring, second by Gustad to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None PARKS & BEAUTIFICATION COMMISSION – Three vacancies, three‐year terms ending 06/30/17; at least two applicants must be city residents; non‐residents must own real estate in the City or own a business or profession having a licensed business location in the City; Mayoral appointment. Brittani Goda, 124 Fourth Street, Eastlake (temporary address) Mark Tomaszewski, 106 Tamarack Street* Mayor Kenny stated that Ms. Goda has intentions of moving into the city, but does not currently live here, she is unfortunately ineligible but encouraged to reapply when the move does take place. Kenny then appointed Mark Tomaszewski – 106 Tamarack Street to the Parks & Beautification Commission for a three‐year term ending 06/30/17. MOTION by Wittlieff, second by Hornkohl to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Hornkohl, Zaring, Wittlieff, and Gustad NAYS: None RAMSDELL THEATRE GOVERNING AUTHORITY – Three vacancies, two three‐year terms ending 06/30/17; and one unexpired term ending 06/30/15; at least two applicants must be city residents; Mayoral | Page 7 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 appointment. Brian Garcia, 2374 Aikens Road* Mayor Kenny appointed Brian Garcia – 2374 Aikens Road to the Ramsdell Theatre Governing Authority for a three‐year term ending 06/30/17. MOTION by Gustad, second by Zaring to support the Mayor’s appointment . ZONING BOARD OF APPEALS – One vacancy, three‐year term ending 05/31/17; applicants must be city residents; Mayoral appointment. Craig Schindlbeck, 420 Cedar Street* Mayor Kenny appointed Craig Schindlbeck – 420 Cedar Street to the Zoning Board of Appeals for a three‐year term ending 05/31/17. MOTION by Hornkohl, second by Wittlieff to support the Mayor’s appointment. A REPORT FROM THE BROWNFIELD CONSULTANT. Mr. T Eftaxiadis reported on the activities of the Brownfield Redevelopment Authority and responded to questions the Council had regarding their activities. CITIZEN COMMENT. Dave Story – 1102 Cherry Street asked if any discussion has taken place regarding his ability to place his lunch wagon by the boat ramps at First Street beach. Karen Wrzesinski‐Goodman – 1925 Twelfth Street introduced herself as a candidate for the 6th County Commissioner. Ray Fortier – 367 Eleventh Street commented on the water and sewer rate increase and hiring of an extra policeman, both affect him and anyone on a fixed budget greatly; told Council they are elected by the public and should serve the public. OFFICIALS AND STAFF. Deisch informed Council that the electricity will be shut off at City Hall tomorrow to allow installation of the generator, City Hall will still be open; Senator Levin’s office informed us that we have received the Land & Water Conservation (LAWCON) grant for the Rotary Park playground; also said a discussion should be held on how the last minute applications received for Boards and Commissions should be handled so there is time to review them. COUNCILMEMBERS. Wittlieff commented again on the recycling at the City Garage and asked people to stop putting | Page 8 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 3, 2014 garbage in the recycling, it costs us money; it was also stated that non‐residents are using it; suggestion was made to limit time or access to the recycling dumpsters. Gustad asked for an update on the Twelfth Street issue. Deisch stated one property owner has indicated his interest in making changes, two other property owners are not interested; will try to get together with involved parties to look at options available. ADJOURN. MOTION to adjourn was made by Hornkohl, second by Zaring. Meeting adjourned at 8:20 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 9

Agenda

MANISTEE CITY COUNCIL MEETING AGENDA TUESDAY, JUNE 3, 2014 – 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. XI. b.) Notification Regarding Scheduling a Special Meeting. c.) Notification Regarding Next Work Session. d.) Consideration of Manistee County Humane Society Tag Days. e.) Consideration of VFW Buddy Poppy Sales. f.) Consideration of Annual Forest Festival Activities. At this time Council could take action to approve the Consent Agenda as presented. *V. Approval of Minutes. Approval of the minutes of the May 20, 2014 regular meeting as attached. CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 1 VI. Financial Report. *a.) APPROVAL OF PAYROLL. *b.) CASH BALANCES REPORT. VII. Unfinished Business. VIII. New Business. a.) CONSIDERATION OF INTRODUCING ORDINANCE CHAPTER 270 HOUSING COMMISSION AMENDMENTS. The initial Housing Commission ordinance was drafted in 1966. At that time and based upon the ordinance, it was the responsibility of the City Council to fix compensation for employees of the Housing Commission. More recently the State of Michigan has subsequent laws that makes it the responsibility of the Council appointed Housing Commission to set employee compensation. This ordinance has been reviewed and supported 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. At this time Council could take action to introduce an ordinance amending Chapter 270 Housing Commission. b.) CONSIDERATION OF INTRODUCING ORDINANCE CHAPTER 289 PARKS AND BEAUTIFICATION COMMISSION AMENDMENTS. The Parks and Beautification Commission have passed a motion to amend Chapter 289 removing the language that the Chair is required to be a resident of the City. All Parks and Beautification Commissioners will still be required to own property or own a business or profession having a licensed business location within the City. This ordinance has been reviewed and supported 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. At this time Council could take action to introduce an ordinance amending Chapter 289 Parks and Beautification Commission. CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 2 c.) CONSIDERATION OF INTRODUCING NEW ORDINANCE CHAPTER 663 FIREWORKS. City Council discussed the creation of a new ordinance to limit fireworks being discharged within the City of Manistee. No person shall ignite, discharge, or use commercial fireworks in the City between the hours of 11:00 p.m. and 8:00 a.m. This prohibition shall not preclude a person from igniting, discharging, or using consumer fireworks within the City of the day preceding, the day of, or the day after a national holiday; consistent with Act 256, except between the hours of 1:00 a.m. to 8:00 a.m. on those days. This ordinance has been reviewed and supported 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. At this time Council could take action to introduce a new ordinance Chapter 663 Fireworks. d.) CONSIDERATION OF INTRODUCING ORDINANCE 692 WEEDS. City staff has been working to amend how Chapter 692 Weeds is enforced. Based on this experience, the Department of Public Works felt there was a more efficient way to enforce the weed ordinance. This ordinance has been reviewed and supported 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. At this time Council could take action to introduce an ordinance amending Chapter 692 Weeds. e.) CONSIDERATION OF INTRODUCING ORDINANCE 1028 RIVER STREET TRAFFIC FLOW, PARKING AND AMENITIES. In the late 1990s the City was preparing to complete a downtown streetscape project as part of a combined sewer separation project. Included in the original plans were bump outs (traffic calming measures) and trees downtown. A referendum vote was put before City residents to prohibit trees from being placed in the downtown. This referendum passed and Section C. of Ordinance 1028 was added. By law, Section C. could not be reversed for a two-year period. Having passed that time period requirement, Council could now amend this section. CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 3 The DDA Design Committee and the full DDA Board have approved the concept of placing trees back in the downtown area in large planters. Use of the planters would allow them to be removed for winter maintenance. This ordinance has been reviewed and supported 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. At this time Council could take action to introduce an ordinance amending Chapter 1028 Traffic Flow, Parking and Amenities. f.) CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Brownfield Redevelopment Authority, Downtown Development Authority, Historic District Commission, Non-Motorized Transportation Committee, Oil and Gas Investment Board, Parks & Beautification Commission, Ramsdell Theatre Governing Authority, 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: BROWNFIELD REDEVELOPMENT AUTHORITY – Two vacancies, three-year terms ending 06/30/17; applicants must be City residents or have an interest in property in the City; Mayoral appointment. Don Kuk, 1235 Greenwich Street* DOWNTOWN DEVELOPMENT AUTHORITY – Four vacancies, two four-year terms ending 06/30/18 and two unexpired terms ending 06/30/16; at least three applicants must have an interest in property located in the downtown district; Mayoral appointment. Todd Mohr, P. O. Box 1011, Manistee CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 4 HISTORIC DISTRICT COMMISSION – Two vacancies, one three-year term ending 02/28/17; and one unexpired term ending 02/28/15; applicants must be city residents, Council appointment. None NON-MOTORIZED TRANSPORTATION COMMITTEE – Three vacancies, one two- year term ending 03/31/16; and two unexpired terms ending 03/31/15; Mayoral appointment. None OIL AND GAS INVESTMENT BOARD – One vacancy, four-year term ending 06/30/18, Mayoral appointment. Steven Brower, 4102 College Avenue* PARKS & BEAUTIFICATION COMMISSION – Three vacancies, three-year terms ending 06/30/17; at least two applicants must be city residents; non-residents must own real estate in the City or own a business or profession having a licensed business location in the City; Mayoral appointment. Brittani Goda, 124 Fourth Street, Eastlake (temporary address) RAMSDELL THEATRE GOVERNING AUTHORITY – Three vacancies, two three- year terms ending 06/30/17; and one unexpired term ending 06/30/15; at least two applicants must be city residents; Mayoral appointment. None ZONING BOARD OF APPEALS – One vacancy, three-year term ending 05/31/17; applicants must be city residents; Mayoral appointment. None *Incumbent At this time the Mayor and Council could take action to make appointments as noted above. CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 5 IX. Notices, Communications, Announcements. a.) A REPORT FROM THE BROWNFIELD CONSULTANT. A regular part of each Council meeting is a report from a cooperating agency, organization or department. At this time Mr. T Eftaxiadis will report on the activities of the Brownfield Redevelopment Authority and respond to any questions the Council may have regarding their activities. No action is required on this item. *b.) NOTIFICATION REGARDING SCHEDULING A SPECIAL MEETING. A special meeting of the Manistee City Council has been scheduled for Tuesday, June 10, 2014 at 6:30 p.m. prior to the regular work session scheduled for that evening at 7 p.m. The only item under consideration at the special meeting will be a first reading of a revised Water and Sewer Ordinance as required due to the adoption of the recent Water and Sewer Utility Rate Study. 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. No action is required on this item. *c.) NOTIFICATION REGARDING NEXT WORK SESSION. A Council work session has been scheduled for Tuesday, June 10, 2014 at 7 p.m. A discussion will be conducted on Street Funding, Project Updates; and such business as may come before the Council. No action is required on this item. *d.) CONSIDERATION OF MANISTEE COUNTY HUMANE SOCIETY TAG DAY. The Manistee County Humane Society would like to hold their annual tag day fundraiser on Friday and Saturday, August 22 & 23, 2014 in the City of Manistee. This is one of their largest fundraisers held during the year to support the Homeward Bound Animal Shelter. At this time Council could take action to authorize a Manistee County Humane Society Tag Day on August 22 & 23, 2014 in the City of Manistee. CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 6 *e.) CONSIDERATION OF VFW BUDDY POPPY SALES. The VFW Walsh Post 4499 has requested authorization to conduct their annual Buddy Poppy Sales in the City of Manistee from July 2 through July 5, 2014. Money collected from the event goes to our veteran’s relief fund and back to needy veterans in our community. At this time Council could take action to authorize the VFW Buddy Poppy Sales in the City of Manistee from July 2 through July 5, 2014. *f.) CONSIDERATION OF ANNUAL FOREST FESTIVAL ACTIVITIES. A request has been received from the Manistee Area Chamber of Commerce to authorize the annual Forest Festival Parade and other events beginning Wednesday, July 2 and running through Sunday, July 6, 2014. The proposed schedule has been attached and includes parades, fireworks, carnival, hospitality tent, arts & crafts show and special events for the kids. At this time Council could take action to support and approve the request to use City parks and streets for the annual Forest Festival from July 2 - 6, 2014. 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. MDD:cl CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 7 COUNCIL AGENDA ATTACHMENTS: Council Meeting Minutes – May 20, 2014 Cash Balances Report Ordinance Committee Minutes – May 15, 2014 Chapter 270 Ordinance Amendment Chapter 289 Ordinance Amendment Chapter 663 New Ordinance Chapter 692 Ordinance Amendment Chapter 1028 Ordinance Amendment Board and Commission Applications Humane Society Tag Day Request VFW Buddy Poppy Sale Request Forest Festival Request CITY COUNCIL AGENDA – JUNE 3, 2014 PAGE 8 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 20, 2014 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, May 20, 2014 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, Robert Hornkohl, Robert Goodspeed, Catherine Zaring, Mark Wittlieff, and Eric Gustad. ALSO PRESENT: City Manager – Mitch Deisch, City Attorney – George Saylor, City Clerk – Michelle Wright, and City Engineer – Shawn Middleton/Spicer Group. AMEND AGENDA. MOTION by Hornkohl, second by Cote to amend the agenda to add items VIII. New Business c.) & d.) regarding beach concessions. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None CITIZEN COMMENTS ON AGENDA RELATED ITEMS. None received. CONSENT AGENDA.  Minutes ‐ May 6, 2014 ‐ Regular Meeting ‐ May 13, 2014 ‐ Work Session  Payroll ‐ April 28 – May 11, 2014 ‐ $ 169,610.72  Notification Regarding Next Work Session – June 10, 2014 A discussion will be conducted on Street Funding, Project Updates; and such business as may come before the Council. MOTION by Hornkohl, second by Cote to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF A PARCEL SPLIT FOR ROY E. HENDERSON. On May 1, 2014 the Planning Commission met to review a request from Roy E. Henderson for a parcel | Page 1 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 20, 2014 split. Mr. Henderson purchased 9.36 acres (+/‐) of parcel 51‐174‐708‐09 from the State of Michigan in 2012. The parcel that Mr. Henderson purchased has been placed on the tax roll (using the legal description from the Quit Claim Deed) and has been assigned parcel code number 51‐174‐708‐10. The Planning Commission recommends approval of this parcel split. MOTION by Hornkohl, second by Zaring to approve the request from Roy E. Henderson for a parcel split using the legal description from the State of Michigan Quit Claim Deed to Roy E. Henderson; recorded at the Register of Deeds Office on November 15, 2012. Discussion followed regarding the possibility of utilities located there; was there a utility easement; and would this affect the lot split. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF DOWNTOWN DEVELOPMENT AUTHORITY BYLAW AMENDMENT. On April 9, 2014 the Downtown Development Authority took action to amend their bylaws, Article IV, Section 2. Regular Meetings removing “on the first Wednesday of each month” and adding “on the second Wednesday of each month.” This is the only amendment made to the bylaws at this time. MOTION by Gustad, second by Hornkohl to adopt bylaws for the Manistee Downtown Development Authority. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATION OF BIDS RECEIVED FOR FIFTH AVENUE BEACH CONCESSIONS. On May 6, 2014 four bids were publicly opened and read for Fifth Avenue Beach Concessions. The following bids were received: Eddie Scott $200 / month North Country Café $350 / month Ruth Wolak $250 / month David Petzak $600 / month After a review of the proposals and subsequent reference checks, staff is recommending that a service agreement be signed with Ruth Wolak. City Attorney has reviewed and approved the service agreement. Discussion followed. MOTION by Hornkohl, second by Gustad to accept the bid from Ruth Wolak in the amount of $250 per month for the three summer seasons in 2014, 2015, 2016; with hours of operation between June 1 and | Page 2 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 20, 2014 Labor Day each year; and further authorize the DPW Director and City Clerk to execute the service agreement. With a roll call vote this motion passed unanimously. AYES: Kenny, Cote, Hornkohl, Goodspeed, Zaring, Wittlieff, and Gustad NAYS: None CONSIDERATON OF BIDS RECEIVED FOR FIRST STREET BEACH CONCESSIONS. On May 6, 2014 five bids were publicly opened and read for First Street Beach Concessions. The following bids were received: North Country Café $350 / month David Story $300 / season (alternate location) Ruth Wolak $255 / month David Petzak $750 / month Community Kitchen $250 / month After a review of the proposals and subsequent reference checks, staff is recommending that a service agreement be signed with North Country Café. City Attorney has reviewed and approved the service agreement. MOTION by Hornkohl, second by Gustad to accept the bid from North Country Café in the amount of $350 per month for the three summer seasons in 2014, 2015 and 2016; with hours of operation between June 1 and Labor Day each year; and further authorize the DPW Director and City Clerk to execute the service agreement. Discussion followed. With a roll call vote this motion passed, 4‐3. AYES: Kenny, Hornkohl, Zaring, and Gustad NAYS: Cote, Goodspeed, and Wittlieff A REPORT FROM THE PEG COMMISSION AND THE ALTERNATIVES FOR AREA YOUTH. Mr. Keith Brown reported on the activities of the PEG Commission and responded to questions the Council had regarding their activities. Ms. Sheila Kaminski reported on the activities of the Alternatives for Area Youth (AAY) and responded to questions the Council had regarding their activities. CITIZEN COMMENT. David Story – 1102 Cherry Rd. Apt. 2 stated that he had ran the First Street beach concession stand for several years and wanted to be located by the boat ramps to serve the boaters. | Page 3 PROCEEDINGS OF THE MANISTEE CITY COUNCIL – May 20, 2014 Ruth Wolak, Country Cottage Catering, thanked Council for accepting her bid, ensured them there would be no concern about the bathrooms, and commented about her proposed menu and ideas she has for the concession stand. OFFICIALS AND STAFF. None received. COUNCILMEMBERS. Cote stated that Memorial Weekend is coming up and asked that the fallen soldiers be remembered. Wittlieff inquired about the building on Washington Street that was burned out and if there was anything we could do to clean it up; also thanked everyone involved with Tight Lines for Troops this past weekend. Gustad asked for an update on Twelfth Street negotiations/discussions with the property owners. Deisch stated that the property owners aren’t interested in seeing improvements if anything occurs on their property; next step would be to condemn property to straighten out the road. Kenny asked if it is just the jog in the road or the condition that it is in that is the safety issue; could we just fix the condition; not interested in condemning property. Gustad also stated that the Click It or Ticket campaign is starting up, remember to buckle up. Hornkohl asked if anything could be done on the North Channel Outlet broken window, board it up? Kenny wished everyone a safe Memorial Day weekend. ADJOURN. MOTION to adjourn was made by Goodspeed, second by Cote. Meeting adjourned at 8:00 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Deputy Treasurer | Page 4 CASH TRANSACTIONS REPORT DRAFT Page: 1 MONTH: APRIL 5/28/2014 City of Manistee 9:12 am Account Number Beginning Balance Debit Credit Ending Balance Fund: 101 - GENERAL FUND Dept: 000 001.000 Cash 1,005,930.97 188,919.49 436,723.73 758,126.73 001.002 Cash - Escrow 82,523.31 5,754.00 2,100.00 86,177.31 004.000 Cash - Petty 800.00 0.00 0.00 800.00 017.000 MBIA Mi Class Inv 57,153.13 0.00 0.00 57,153.13 Total Dept: 000 1,146,407.41 194,673.49 438,823.73 902,257.17 Fund: 101 1,146,407.41 194,673.49 438,823.73 902,257.17 Fund: 202 - MAJOR STREET FUND Dept: 000 001.000 Cash 29,273.73 100,623.79 33,039.62 96,857.90 Total Dept: 000 29,273.73 100,623.79 33,039.62 96,857.90 Fund: 202 29,273.73 100,623.79 33,039.62 96,857.90 Fund: 203 - LOCAL STREET FUND Dept: 000 001.000 Cash 11,235.30 30,958.02 6,750.00 35,443.32 Total Dept: 000 11,235.30 30,958.02 6,750.00 35,443.32 Fund: 203 11,235.30 30,958.02 6,750.00 35,443.32 Fund: 204 - STREET IMPROVEMENT FUND Dept: 000 001.000 Cash 25,941.84 0.00 0.00 25,941.84 Total Dept: 000 25,941.84 0.00 0.00 25,941.84 Fund: 204 25,941.84 0.00 0.00 25,941.84 Fund: 226 - CITY REFUSE FUND Dept: 000 001.000 Cash 145,777.27 18,712.54 60,297.09 104,192.72 001.030 Cash Mgt Chk 98,897.63 0.00 0.00 98,897.63 Total Dept: 000 244,674.90 18,712.54 60,297.09 203,090.35 Fund: 226 244,674.90 18,712.54 60,297.09 203,090.35 Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO Dept: 000 001.000 Cash 21,759.67 0.00 0.00 21,759.67 Total Dept: 000 21,759.67 0.00 0.00 21,759.67 Fund: 243 21,759.67 0.00 0.00 21,759.67 Fund: 245 - OIL & GAS FUND Dept: 000 001.000 Cash 77,081.63 18,065.56 0.00 95,147.19 001.020 Money Market 223,098.98 0.00 0.00 223,098.98 Total Dept: 000 300,180.61 18,065.56 0.00 318,246.17 Fund: 245 300,180.61 18,065.56 0.00 318,246.17 Fund: 249 - BUILDING INSPECTOR Dept: 000 001.000 Cash 8,893.48 168.00 3,879.22 5,182.26 Total Dept: 000 8,893.48 168.00 3,879.22 5,182.26 Fund: 249 8,893.48 168.00 3,879.22 5,182.26 CASH TRANSACTIONS REPORT DRAFT Page: 2 MONTH: APRIL 5/28/2014 City of Manistee 9:12 am Account Number Beginning Balance Debit Credit Ending Balance Fund: 251 - EPA GRANT - PETROLEUM Dept: 000 001.000 Cash 0.00 0.00 1,530.00 -1,530.00 Total Dept: 000 0.00 0.00 1,530.00 -1,530.00 Fund: 251 0.00 0.00 1,530.00 -1,530.00 Fund: 252 - EPA GRANT - HAZARDOUS Dept: 000 001.000 Cash 0.00 0.00 6,675.50 -6,675.50 Total Dept: 000 0.00 0.00 6,675.50 -6,675.50 Fund: 252 0.00 0.00 6,675.50 -6,675.50 Fund: 275 - GRANT MANAGEMENT FUND Dept: 000 001.000 Cash -64,490.81 0.00 2,722.63 -67,213.44 Total Dept: 000 -64,490.81 0.00 2,722.63 -67,213.44 Fund: 275 -64,490.81 0.00 2,722.63 -67,213.44 Fund: 290 - PEG COMMISSION Dept: 000 001.000 Cash 7,379.08 5,650.00 3,630.63 9,398.45 Total Dept: 000 7,379.08 5,650.00 3,630.63 9,398.45 Fund: 290 7,379.08 5,650.00 3,630.63 9,398.45 Fund: 296 - RAMSDELL THEATRE Dept: 000 001.000 Cash 58,289.01 42,279.95 28,796.41 71,772.55 004.000 Cash - Petty 500.00 0.00 0.00 500.00 Total Dept: 000 58,789.01 42,279.95 28,796.41 72,272.55 Fund: 296 58,789.01 42,279.95 28,796.41 72,272.55 Fund: 297 - FRIENDS OF THE RAMSDELL Dept: 000 001.000 Cash 4,680.51 0.00 721.81 3,958.70 Total Dept: 000 4,680.51 0.00 721.81 3,958.70 Fund: 297 4,680.51 0.00 721.81 3,958.70 Fund: 430 - CAPITAL IMPROVEMENT FUND Dept: 000 001.000 Cash 137,723.84 0.00 25,000.00 112,723.84 Total Dept: 000 137,723.84 0.00 25,000.00 112,723.84 Fund: 430 137,723.84 0.00 25,000.00 112,723.84 Fund: 490 - RENAISSANCE PARK Dept: 000 001.000 Cash 2,970.45 0.00 0.00 2,970.45 Total Dept: 000 2,970.45 0.00 0.00 2,970.45 Fund: 490 2,970.45 0.00 0.00 2,970.45 Fund: 508 - BOAT RAMP FUND Dept: 000 001.000 Cash 3,736.02 1,320.00 1,242.77 3,813.25 004.000 Cash - Petty 1.00 1,000.00 0.00 1,001.00 CASH TRANSACTIONS REPORT DRAFT Page: 3 MONTH: APRIL 5/28/2014 City of Manistee 9:12 am Account Number Beginning Balance Debit Credit Ending Balance Total Dept: 000 3,737.02 2,320.00 1,242.77 4,814.25 Fund: 508 3,737.02 2,320.00 1,242.77 4,814.25 Fund: 573 - WATER & SEWER UTILITY Dept: 000 001.000 Cash 368,832.91 269,382.34 228,755.42 409,459.83 001.002 Cash - Escrow 35,000.00 1,800.00 2,600.00 34,200.00 004.000 Cash - Petty 300.00 0.00 0.00 300.00 017.000 MBIA Mi Class Inv 488,692.03 0.00 0.00 488,692.03 Total Dept: 000 892,824.94 271,182.34 231,355.42 932,651.86 Fund: 573 892,824.94 271,182.34 231,355.42 932,651.86 Fund: 594 - MARINA FUND Dept: 000 001.000 Cash 35,930.47 18,246.52 6,033.07 48,143.92 Total Dept: 000 35,930.47 18,246.52 6,033.07 48,143.92 Fund: 594 35,930.47 18,246.52 6,033.07 48,143.92 Fund: 661 - MOTOR POOL FUND Dept: 000 001.000 Cash 405,178.68 23,333.34 29,000.00 399,512.02 001.002 Cash - Escrow 271,273.24 0.00 0.00 271,273.24 Total Dept: 000 676,451.92 23,333.34 29,000.00 670,785.26 Fund: 661 676,451.92 23,333.34 29,000.00 670,785.26 Fund: 703 - CURRENT TAX COLLECTION Dept: 000 001.000 Cash -2,052.68 0.00 0.00 -2,052.68 Total Dept: 000 -2,052.68 0.00 0.00 -2,052.68 Fund: 703 -2,052.68 0.00 0.00 -2,052.68 Fund: 704 - PAYROLL CLEARING FUND Dept: 000 001.000 Cash 21,119.47 510,641.32 513,430.94 18,329.85 001.005 Cash - NEW Flex \ HRA 10,230.50 22,016.24 21,313.17 10,933.57 001.007 Cash - Federal & State Taxes 3.74 52,931.98 52,931.98 3.74 Total Dept: 000 31,353.71 585,589.54 587,676.09 29,267.16 Fund: 704 31,353.71 585,589.54 587,676.09 29,267.16 Fund: 705 - DELINQUENT TAX COLLECTION Dept: 000 001.000 Cash 8,052.10 1,864.57 0.00 9,916.67 Total Dept: 000 8,052.10 1,864.57 0.00 9,916.67 Fund: 705 8,052.10 1,864.57 0.00 9,916.67 Grand Totals: 3,581,716.50 1,313,667.66 1,467,173.99 3,428,210.17

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