City Council
Regular MeetingManistee, MI · October 6, 2015
Minutes
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – October 6, 2015
A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on
Tuesday, October 6, 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, Public Safety Director – Dave Bachman, City Engineer –
Shawn Middleton / Spicer Group.
CITIZEN COMMENTS ON AGENDA RELATED ITEMS.
John Brakora – 536 Eighth Street / encouraged Council to approve the proposed ordinance banning the feeding
of deer, stating it is a necessary first step to control the deer herd.
CONSENT AGENDA.
Minutes ‐ September 15, 2015 ‐ Regular Meeting
Payroll ‐ September 14‐27, 2015 ‐ $ 115,900.95
Cash Balances Report ‐ August 2015
Consideration of Ordinance 15‐10, to Prohibit the Feeding of Deer, Wild Turkeys and Other Wild
Mammals.
City Attorney Saylor drafted language to amend Chapter 606 of the Codified Ordinance of Manistee
to include a Section 606.08 Feeding of Wild Mammals which was endorsed by the Ad Hoc Deer Herd
Committee and forwarded to the Council Ordinance Committee. The Council Ordinance Committee
met on September 1, 2015 and made changes to the language to also ban feeding wild turkeys and
to specifically exclude pets, chickens and ducks; and recommended the ordinance as amended be
forwarded for full Council consideration. This ordinance was introduced at the regular meeting of
September 15, 2015 and could be adopted at this time.
Notification Regarding Next Work Session – October 13, 2015
A discussion will be conducted on such business as may come before the Council.
Consideration of MSDDA Boos, Brews and Brats 5K.
The Boos, Brews and Brats 5K is scheduled for Saturday, October 24, 2015 from 2:30 until 4:00 p.m.
with the race beginning at 3:00 p.m. The request is to use River Street west of Maple to Water
Street; Water Street west from River to First Street; First Street west from Water to First Street
Beach; and the loop around the First Street Beach area. Those who have parked their cars on these
streets can remain before and during the race. As soon as the last runner crosses the finish line, the
streets can be opened back up. They have requested a police presence to close streets and escort
runners; allowing some streets to stay open. This is subject to appropriate departmental approvals.
MOTION by Cote, second by Goodspeed to approve the Consent Agenda as presented.
With a roll call vote this motion passed unanimously.
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – October 6, 2015
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CONSIDERATION OF AMENDING A LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR
TELECOMMUNICATION EQUIPMENT AT THE INDUSTRIAL PARK WATER TOWER.
The City currently leases space on and at the base of the Industrial Park water tower to New Cingular Wireless
PCS, LLC for telecommunication equipment. The lease expires May 31, 2016 unless renewed by the tenant. The
tenant approached the City about modifying the lease earlier this summer. The request was to lower the annual
rent by 7.5% and reduce the annual escalator from 3% to 2.5%, as well as add two other minor provisions. In
return, the City will receive a seven year rent guarantee and reduce the likelihood of AT&T relocating in the
future. The City Attorney has reviewed and approved the agreement.
MOTION by Cote, second by Zielinski to amend a lease agreement with New Cingular Wireless PCS, LLC; and
further authorize the Mayor and City Clerk to execute the document. Brief discussion followed.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CONSIDERATION OF THE PURCHASE OF AN ARTICULATED WHEEL LOADER FROM FREDRICKSON SUPPLY.
The Department of Public Works has budgeted to purchase an articulated wheel loader through the Motor Pool.
The selected machine will increase capabilities and efficiencies when used for cleaning debris from the beaches,
loading salt, stump grinding, trash haul, leaf collection, forestry work, etc. Following a demonstration and quote
process the department recommends the Wacker Neuson loader for the advantages it provides.
MOTION by Wittlieff, second by Cote to approve the purchase of a Wacker Neuson WL32 Wheel Loader and
selected attachments from Fredrickson Supply in the amount of $79,930.05. Discussion followed.
With a roll call vote this motion passed, 6‐1.
AYES: Kenny, Cote, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: Zielinski
CONSIDERATION OF THE PURCHASE OF TWO PICKUP TRUCKS FROM MANISTEE FORD.
The Motor Pool maintains a database of equipment age, condition, and anticipated replacement. This year’s
budget includes the purchase of two pickup trucks for the Department of Public Works including a ¾ ton truck
and a 1 ton truck. Bids were solicited through local vendors and the State of Michigan MiDeal program. Bids
submitted are as follows:
Manistee Ford Signature Ford
Ford F250 = $26,085.38 $25,582.00
Ford F350 = $26,953.38 $26,935.00
Because the bid amounts are very close in price, the bids from Manistee Ford are recommended since it is a
local dealership.
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – October 6, 2015
MOTION by Wittlieff, second by Zielinski to approve the purchase of two pickup trucks from Manistee Ford.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CONSIDERATION OF APPLICATIONS TO BOARD AND COMMISSIONS.
The City Clerk has taken action to advertise vacancies on the Compensation Commission, Downtown
Development Authority, Harbor Commission, PEG Commission, Planning 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 Mayor requested a discussion amongst Council before any appointments or nominations were made. She
asked to receive their opinion on having Councilmembers being appointed to any of the boards or commissions;
do they feel it is a conflict of interest; does it create a conduit between the Council and the Commissions; are
the terms of office too long and discouraging applicants; asked if Councilmembers should be appointed at the
beginning of the year to various boards and commissions when other Council committee appointments are
made; it was noted that this should be discussed further when the Council guidelines are reviewed.
The following applications have been received (*incumbent):
COMPENSATION COMMISSION. Three vacancies, terms ending 09/30/17, 09/30/19 and 09/30/20, applicants must
be registered voters in the City; Mayoral appointment.
Marylynn Wrzesinski, 266 Sixth Street*
Mayor Kenny appointed Marylynn Wrzesinski to the Compensation Commission for a term ending 09/30/20.
MOTION by Goodspeed, second by Cote to support the Mayor’s appointment.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: 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 received
HARBOR COMMISSION. Three vacancies, terms ending 10/31/18, Council appointment.
James W. Smith, 353 First Street
Wittlieff, second by Cote, nominated James W. Smith to the Harbor Commission for a term ending 10/31/18.
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – October 6, 2015
With a roll call vote this motion passed, 6‐1.
AYES: Kenny, Cote, Zielinski, Smith, Wittlieff, and Gustad
NAYS: Goodspeed
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.
James W. Smith, 353 First Street
Goodspeed, second by Zielinski, nominated James W. Smith to the PEG Commission for a term ending 12/31/17.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
PLANNING COMMISSION. One vacancy, three‐year term ending 10/31/18, applicant must be a City resident;
Mayoral appointment.
Edward Ray Fortier, 367 Eleventh Street*
Kenny appointed Edward Ray Fortier to the Planning Commission for a term ending 10/31/18. MOTION by
Goodspeed, second by Smith to support the Mayor’s appointment.
With a roll call vote this motion passed unanimously.
AYES: Kenny, Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
ZONING BOARD OF APPEALS. One vacancy, three‐year term ending 05/31/18 (alternate member); Mayoral
appointment.
None received
CITIZEN COMMENT.
Comments received by:
Ed Tegler, 522 Fifth Avenue & Parks Commission member / stated that it is great to have a Councilmember
on the commission; also stated the toys at the old rocket park are being refinished, are in good shape, and
requested that they not be removed.
OFFICIALS AND STAFF.
Bifoss informed Council that 1 of the 2 additional people to be interviewed for the City Manager position has
accepted an interview on Monday, October 12th at 5:00 p.m.; will continue to try to get ahold of the 2nd
candidate; the meeting will be posted.
Mikula stated that painting of the Maywood Water Tank is completed, disinfection process will be starting, it
should be back on line on Monday; full road construction has started and hopes to have final completion this
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – October 6, 2015
weekend; there are no plans to dismantle rocket park.
COUNCILMEMBERS.
Cote would like to have the fireworks ordinance revisited at a work session for further discussion.
Goodspeed said ‘Save the Rocket’.
Smith thanked Bifoss for his diligence thru this process; thanked the Public Safety Department for tracking the
burglaries.
Wittlieff stated he would not be here next Tuesday for the work session; asked Patrick Kay/MSDDA for an
update on the Riverpark Condos.
Gustad thanked Ed Tegler and the Parks Commission for their work on saving rocket park; stated that the water
tower and the road construction looks good; and thanked the Public Safety Department for work on the
burglaries.
Kenny thanked Council for their input on the boards and commissions; Mayor Pro‐Tem Smith for applying to the
boards; and City Council time and effort on finding a new City Manager.
ADJOURN.
MOTION to adjourn was made by Cote, second by Goodspeed. Meeting adjourned at 7:58 p.m.
Michelle Wright MMC / CPFA, MiCPT
City Clerk/Deputy Treasurer
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Agenda
MANISTEE CITY COUNCIL
MEETING AGENDA
TUESDAY, OCTOBER 6, 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 Ordinance 15-10, to Prohibit the Feeding
of Deer, Wild Turkeys and Other Wild Mammals.
IX. a.) Notification Regarding Next Work Session.
b.) Consideration of MSDDA Boos, Brews and Brats 5K.
At this time Council could take action to approve the Consent Agenda as
presented.
*V. Approval of Minutes. Approval of the minutes of the September 15, 2015
regular meeting as attached.
VI. Financial Report.
*a.) APPROVAL OF PAYROLL.
CITY COUNCIL AGENDA – OCTOBER 6, 2015 PAGE 1
*b.) CASH BALANCES REPORT.
VII. Unfinished Business.
*a.) CONSIDERATION OF ORDINANCE 15-10, TO PROHIBIT THE FEEDING
OF DEER, WILD TURKEYS AND OTHER WILD MAMMALS.
At their meeting of July 23, 2015 the Ad Hoc Deer Herd Committee requested that
the City Attorney draft ordinance language to ban the feeding of deer. City
Attorney George Saylor drafted language to amend Chapter 606 of the Codified
Ordinance of Manistee to include a Section 606.08 Feeding of Wild Mammals
which was endorsed by the Ad Hoc Deer Herd Committee and forwarded to the
Council Ordinance Committee. The Council Ordinance Committee met on
September 1, 2015 and made changes to the language to also ban feeding wild
turkeys and to specifically exclude pets, chickens and ducks; and recommended
the ordinance as amended be forward for full Council consideration.
As an ordinance two separate readings are required. This ordinance was
introduced at the regular meeting of September 15, 2015 and could be adopted this
evening.
At this time Council could take action to adopt Ordinance 15-10 amending
Chapter 606 to include a Section 606.08 Feeding Deer, Wild Turkeys and Other
Wild Mammals.
VIII. New Business.
a.) CONSIDERATION OF AMENDING A LEASE AGREEMENT WITH NEW
CINGULAR WIRELESS PCS, LLC FOR TELECOMMUNICATION
EQUIPMENT AT THE INDUSTRIAL PARK WATER TOWER.
The City currently leases space on and at the base of the Industrial Park water
tower to New Cingular Wireless PCS, LLC for telecommunication equipment. The
lease expires May 31, 2016 unless renewed by the tenant. The tenant approached
the City about modifying the lease earlier this summer. The request was to lower
the annual rent by 7.5% and reduce the annual escalator from 3% to 2.5%, as well
as add two other minor provisions. In return, the City will receive a seven year
rent guarantee and reduce the likelihood of AT&T relocating in the future. The
City Attorney has reviewed and approved the agreement.
At this time Council could take action to amend a lease agreement with New
Cingular Wireless PCS, LLC; and further authorize the Mayor and City Clerk to
execute the document.
CITY COUNCIL AGENDA – OCTOBER 6, 2015 PAGE 2
b.) CONSIDERATION OF THE PURCHASE OF AN ARTICULATED WHEEL
LOADER FROM FREDRICKSON SUPPLY.
The Department of Public Works has budgeted to purchase an articulated wheel
loader through the Motor Pool. The selected machine will increase capabilities and
efficiencies when used for cleaning debris from the beaches, loading salt, stump
grinding, trash haul, leaf collection, forestry work, etc. Following a demonstration
and quote process the department recommends the Wacker Neuson loader for the
advantages it provides.
At this time Council could take action to approve the purchase of a Wacker
Neuson WL32 Wheel Loader and selected attachments from Fredrickson Supply
in the amount of $79,930.05
c.) CONSIDERATION OF THE PURCHASE OF TWO PICKUP TRUCKS FROM
MANISTEE FORD.
The Motor Pool maintains a database of equipment age, condition, and anticipated
replacement. This year’s budget includes the purchase of two pickup trucks for the
Department of Public Works including a ¾ ton truck and a 1 ton truck. Bids were
solicited through local vendors and the State of Michigan MiDeal program.
Manistee Ford submitted the low bid for both trucks:
Ford F250 = $26,085.38
Ford F350 = $26,968.38
The low bids from Manistee Ford are recommended.
At this time Council could take action to approve the purchase of two pickup
trucks (one Ford F250 at $26,085.38 and one Ford F350 at $26,968.38
d.) CONSIDERATION OF APPLICATIONS TO BOARD AND COMMISSIONS.
The City Clerk has taken action to advertise vacancies on the Compensation
Commission, Downtown Development Authority, Harbor Commission, PEG
Commission, Planning 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:
CITY COUNCIL AGENDA – OCTOBER 6, 2015 PAGE 3
COMPENSATION COMMISSION. Three vacancies, terms ending 09/30/17, 09/30/19
and 09/30/20, applicants must be registered voters in the City; Mayoral
appointment.
Marylynn Wrzesinski, 266 Sixth Street*
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. Three vacancies, terms ending 10/31/18, Council
appointment.
James W. Smith, 353 First Street
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.
James W. Smith, 353 First Street
PLANNING COMMISSION. One vacancy, three-year term ending 10/31/18,
applicant must be a City resident; Mayoral appointment.
Edward Ray Fortier, 367 Eleventh Street*
ZONING BOARD OF APPEALS. One vacancy, three-year term ending 05/31/18
(alternate member); 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.) NOTIFICATION REGARDING NEXT WORK SESSION.
A Council work session has been scheduled for Tuesday, October 13, 2015 at 7
p.m. A discussion will be conducted on such business as may come before the
CITY COUNCIL AGENDA – OCTOBER 6, 2015 PAGE 4
Council. No action is required on this item.
*b.) CONSIDERATION OF MSDDA BOOS, BREWS AND BRATS 5K.
The Boos, Brews and Brats 5K is scheduled for Saturday, October 24, 2015 from
2:30 until 4:00 p.m. with the race beginning at 3:00 p.m. The request is to use
River Street west of Maple to Water Street; Water Street west from River to First
Street; First Street west from Water to First Street Beach; and the loop around the
First Street Beach area. Those who have parked their cars on these streets can
remain before and during the race. As soon as the last runner crosses the finish
line, the streets can be opened back up. They have requested a police presence to
close streets and escort runners; allowing some streets to stay open.
At this time Council could take action to authorize the Boos, Brews and Brats 5K
utilizing the above route, on Saturday, October 24, 2015 from 2:30 p.m. to 4:00
p.m.; subject to the appropriate departmental approvals.
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.
RBB:cl
COUNCIL AGENDA ATTACHMENTS:
Council Meeting Minutes – September 15, 2015
Cash Balances Report
Amended Lease Agreement – New Cingular Wireless
Articulated Loader Purchase
Pickup Truck Purchase
Board & Commission Applications
Boos, Brews & Brats 5K Request
CITY COUNCIL AGENDA – OCTOBER 6, 2015 PAGE 5
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 15, 2015
A regular meeting of the Manistee City Council was called to order by his honor, Mayor Pro Tem James
Smith on Tuesday, September 15, 2015 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street,
followed by the Pledge of Allegiance.
PRESENT: Edward Cote, Roger Zielinski, Robert Goodspeed, James Smith, Mark Wittlieff, and
Eric Gustad.
ABSENT: Colleen Kenny.
ALSO PRESENT: Interim City Manager – R. Ben Bifoss, City Attorney – George Saylor, City Clerk –
Michelle Wright, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, Public
Safety Director – Dave Bachman, and City Engineer – Shawn Middleton / Spicer
Group.
AMEND AGENDA.
Bifoss asked that item VIII. New Business c.) Consideration of Manistee Main Street Downtown
Development Authority Bylaw Amendments be removed from the agenda.
Also, a MOTION received by Goodspeed, second by Cote to amend the agenda to add item VIII. New
Business g.) Consideration of Next Steps in City Manager Search.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CITIZEN COMMENTS ON AGENDA RELATED ITEMS.
Carol Pasco – 610 Spruce Street commented on the proposed ordinance to prohibit feeding of wild
mammals, how do you police squirrels coming to your bird feeders?
CONSENT AGENDA.
Minutes ‐ September 1, 2015 ‐ Regular Meeting
‐ September 8, 2015 ‐ Work Session
Payroll ‐ Aug. 31–Sept. 13, 2015 ‐ $ 113,368.09
Monthly Bills ‐ August 13, 2015 ‐ $ 649,160.69
‐ August 26, 2015 ‐ $4,464,852.71
Notification Regarding Next Work Session – October 13, 2015
A discussion will be conducted on such business as may come before the Council.
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 15, 2015
Consideration of Manistee Catholic Central Homecoming Parade
The Manistee Catholic Central Homecoming parade is scheduled for Friday, October 9, 2015
at 4:30 p.m. and includes a gathering of floats and students. They will assemble at Manistee
Tire on Division Street around 4 p.m. and take the parade down River Street to the fountain
at Pine Street where they will disperse.
Consideration of First Annual Run for Recovery 5K Run/Walk for StonesHouse Recovery
StonesHouse, Inc. is requesting authorization for their First Annual Run for Recovery 5K
Run/Walk on Saturday, September 26, 2015 beginning at 8:30 a.m. with packet pick up
starting at 7:00 a.m. The location is at the First Street Beach pavilion near the dog park,
travel down Cherry Street to the end of Twelfth Street, returning back down Cherry Street
to finish at the First Street Beach pavilion. Proceeds will be used for their Michael’s House
transitional residential program.
MOTION by Cote, second by Wittlieff to approve the Consent Agenda as presented.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CONSIDERATION OF ORDINANCE 15‐10, TO PROHIBIT THE FEEDING OF DEER, WILD TURKEYS AND
OTHER WILD MAMMALS.
At their meeting of July 23, 2015 the Ad Hoc Deer Herd Committee requested that the City Attorney
draft ordinance language to ban the feeding of deer. City Attorney George Saylor drafted language to
amend Chapter 606 of the Codified Ordinance of Manistee to include a Section 606.08 Feeding of Wild
Mammals which was endorsed by the Ad Hoc Deer Herd Committee and forwarded to the Council
Ordinance Committee. The Council Ordinance Committee met on September 1, 2015 and made
changes to the language to also ban feeding wild turkeys and to specifically exclude pets, chickens and
ducks; and recommended the ordinance as amended be forwarded for full Council consideration.
As an ordinance two separate readings are required. If this ordinance is introduced this evening it
could be adopted at the next regular meeting.
MOTION by Gustad, second by Wittlieff to introduce Ordinance 15‐10 amending Chapter 606 to
include a Section 606.08 Feeding Deer, Wild Turkeys and Other Wild Mammals. Brief discussion
followed.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 15, 2015
CONSIDERATION OF ORDINANCE 15‐11, MODIFYING THE TIME PERIODS FOR THE USE OF CONSUMER
FIREWORKS.
At the City Council work session of September 8, 2015 City Attorney George Saylor reviewed the
current fireworks ordinance which restricts the use of consumer fireworks in the city between the
hours of 11:00 p.m. and 8:00 a.m., except on the day before, day of, and day after a national holiday,
when use is restricted between the hours of 1:00 a.m. and 8:00 a.m. Chapter 663 permits the use of
consumer fireworks in the city anytime, except during restricted times. Council does have the authority
to prevent the use of fireworks for all days, except for the three day window around a national holiday
if they so choose.
Following that discussion the City Attorney was directed to draft an ordinance amendment that would
prohibit the use of consumer fireworks, except when state law does not permit the prohibition and
expand slightly the time period consumer fireworks are permitted surrounding the Fourth of July
holiday.
As an ordinance two separate readings are required. If this ordinance is introduced this evening it
could be adopted at the next regular meeting.
MOTION by Wittlieff, second by Cote to introduce Ordinance 15‐11 amending Chapter 663 – Fireworks
modifying the time periods for which the use of consumer fireworks is prohibited. Saylor helped clarify
the proposed changes.
With a roll call vote this motion failed, 1‐5.
AYES: Wittlieff
NAYS: Cote, Zielinski, Goodspeed, Smith, and Gustad
CONSIDERATION OF A PARCEL SPLIT AND COMBINATION FOR MILLER / HUTTON.
At their meeting of September 3, 2015 the Planning Commission reviewed and took action to
recommend a request from James & Anna Miller and David & Cynthia Hutton for a parcel split and
combination. The Miller’s own the home at 250 Fremont Street, parcel 51‐274‐708‐01 and wish to
split the west eight feet of their parcel which will then be combined with the Hutton’s property at 277
Second Avenue, parcel 51‐274‐708‐03.
MOTION by Goodspeed, second by Cote to approve the request from James & Anna Miller and David &
Cynthia Hutton for a parcel split and combination that would split the west eight feet from parcel 51‐
274‐708‐01 and combine it with parcel 51‐274‐708‐03.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 15, 2015
CONSIDERATION OF A PARCEL SPLIT AND COMBINATION FOR McKEE / TOMASZEWSKI.
At their meeting of September 3, 2015 the Planning Commission reviewed and took action to
recommend a request from Carl & Christine McKee and Thomas & Gaynell Tomaszewski for a parcel
split and combination. The McKee’s own the home at 433 Elm Street, parcel 51‐340‐717‐01 and wish to
split the east sixty feet of their parcel which will then be combined with the Tomaszewski’s property at
486 Bryant Avenue, parcel 51‐340‐717‐07.
MOTION by Goodspeed, second by Zielinski to approve the request from Carl & Christine McKee and
Thomas & Gaynell Tomaszewski for a parcel split and combination that would split the east sixty feet of
parcel 51‐340‐717‐01 and combine it with parcel 51‐340‐717‐07.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CONSIDERATION OF AMENDING THE INTERIM CITY MANAGER’S EMPLOYMENT AGREEMENT.
Interim City Manager Ben Bifoss had agreed to serve in that capacity for approximately six months
while the City searched for a new City Manager. The City has experienced delays in that search and
Bifoss desires an amendment to the Employment Agreement.
Bifoss has proposed that the current annual salary of $97,611 be converted to an equal hourly rate of
$46.93 and that future time worked be paid at that hourly rate. Vacation would be prorated to an
hourly basis calculated at an annualized rate of five weeks per year. This would result in 0.96 days of
vacation per 80 hours worked. The Pension Contribution would be at the same rate but paid on a per
hour worked basis rather than being based on the annualized salary. Bifoss has also requested Council
permission to take a 2‐3 week unpaid vacation in late September/October of this year.
Bifoss expects to work 3‐4 days per week and to establish regular office hours. He would be available
for meetings during the entire work week. There would be no other changes to the Employment
Agreement.
MOTION by Cote, second by Goodspeed to amend the Employment Agreement with Bifoss consistent
with the above for his continued service as the Interim City Manager.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
CONSIDERATION OF NEXT STEPS IN CITY MANAGER SEARCH.
On Thursday, September 10, 2015 the City Council Personnel Committee met to consider the City
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PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 15, 2015
Manager recruitment process. Also attending that meeting were three other City Councilmembers. The
consensus following that meeting is summarized as follows:
If Mr. Ryan Heise is still available, made a conditional offer of employment. Mr. Heise is not
available.
If Mr. Heise is not available, consider a second interview with Mr. Tim Wolff. Also consider a first
interview with candidates #19 and #32, and Mr. David Bachman, Manistee Public Safety Director.
Also, consider simultaneously re‐advertising the position.
Mr. Wolff, candidates #19 and #32, and Mr. David Bachman are all interested and available for
interviews.
Ms. Kathie Grinzinger from the Michigan Municipal League and Mr. Ben Bifoss, Interim City Manager
are not available from September 21 through October 2, 2015. The suggested interview dates are
either Monday or Tuesday, October 5 or 6, 2015. The suggested interview day schedule is as follows:
between 10 a.m. and 1:00 p.m., one, two or even three Councilmembers conduct a second, less formal
interview with Mr. Wolff. That same afternoon, schedule a first interview for the other three
candidates. Consider taking action that same afternoon/early evening.
Because the proposed interview date is three weeks away, the City Council could also take action to re‐
advertise the position with the statement “open until filled,” with resumes required not later than
October 9, 2015.
MOTION by Cote, second by Wittlieff to invite candidates for interviews as noted above on Monday,
October 5, 2015 or Tuesday, October 6; and to re‐advertise the position as noted. After discussion
regarding Council’s availability on those dates, Wittlieff AMENDED THE MOTION, second by Cote to
indicate Monday, October 5, 2015 as the interview date.
With a roll call vote this motion passed unanimously.
AYES: Cote, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad
NAYS: None
A REPORT FROM MANISTEE COUNTY COMMUNITY FOUNDATION, DPW/PARKS/TREE COMMISSION.
Ms. Laura Heintzelman report on the activities of the Manistee County Community Foundation and
responded to questions the Council had regarding their activities.
Mr. Jeff Mikula reported on the activities of the Public Works Department / Parks Department / and
the Tree Commission and responded to questions the Council had regarding their activities.
CITIZEN COMMENT.
Comments received by:
Kit Holmes ‐ new owner of former Read More Bookstore / introduced herself, her partner, and
| Page 5
PROCEEDINGS OF THE MANISTEE CITY COUNCIL – September 15, 2015
their plans for the building.
OFFICIALS AND STAFF.
None received.
COUNCILMEMBERS.
Zielinski stated that he saw the cement going in for the flags at First Street beach; it was noted that a
community celebration for the flag raising will be held on Saturday.
Gustad stated that the Hops & Props event and flag raising will be happening this weekend; welcomed
the new business owners.
Smith thanked the Public Safety department on the apprehension of those involved with the
burglaries; thanked the Public Works for a good season, has received a lot of positive comments.
ADJOURN.
MOTION to adjourn was made by Goodspeed, second by Cote. Meeting adjourned at 7:58 p.m.
Michelle Wright MMC / CPFA, MiCPT
City Clerk/Deputy Treasurer
| Page 6
CASH TRANSACTIONS REPORT
*** DRAFT ***
Page: 1
MONTH: AUGUST 9/23/2015
City of Manistee 11:38 am
Account Number Beginning Balance Debit Credit Ending Balance
Fund: 100 - A\P PAYING FUND
Dept: 000
001.000 Cash 4,065.47 5,114,018.10 5,114,013.40 4,070.17
Total Dept: 000 4,065.47 5,114,018.10 5,114,013.40 4,070.17
Fund: 100 4,065.47 5,114,018.10 5,114,013.40 4,070.17
Fund: 101 - GENERAL FUND
Dept: 000
001.000 Cash 187,883.72 2,417,421.54 1,280,313.25 1,324,992.01
001.002 Cash - Escrow 62,719.71 250.00 8,022.37 54,947.34
004.000 Cash - Petty 800.00 0.00 0.00 800.00
017.000 MBIA Mi Class Inv 46,160.79 5.47 0.00 46,166.26
Total Dept: 000 297,564.22 2,417,677.01 1,288,335.62 1,426,905.61
Fund: 101 297,564.22 2,417,677.01 1,288,335.62 1,426,905.61
Fund: 202 - MAJOR STREET FUND
Dept: 000
001.000 Cash 252,744.07 40,722.69 83,267.95 210,198.81
Total Dept: 000 252,744.07 40,722.69 83,267.95 210,198.81
Fund: 202 252,744.07 40,722.69 83,267.95 210,198.81
Fund: 203 - LOCAL STREET FUND
Dept: 000
001.000 Cash 43,302.71 80,773.10 79,586.70 44,489.11
Total Dept: 000 43,302.71 80,773.10 79,586.70 44,489.11
Fund: 203 43,302.71 80,773.10 79,586.70 44,489.11
Fund: 204 - STREET IMPROVEMENT FUND
Dept: 000
001.000 Cash 56,524.11 209.73 0.00 56,733.84
Total Dept: 000 56,524.11 209.73 0.00 56,733.84
Fund: 204 56,524.11 209.73 0.00 56,733.84
Fund: 226 - CITY REFUSE FUND
Dept: 000
001.000 Cash 5,033.70 128,300.57 3,000.00 130,334.27
001.030 Cash Mgt Chk 99,016.11 4.20 0.00 99,020.31
Total Dept: 000 104,049.81 128,304.77 3,000.00 229,354.58
Fund: 226 104,049.81 128,304.77 3,000.00 229,354.58
Fund: 243 - BROWNFIELD REDEVELOPMENT AUTHO
Dept: 000
001.000 Cash 31,494.67 0.00 2,720.00 28,774.67
Total Dept: 000 31,494.67 0.00 2,720.00 28,774.67
Fund: 243 31,494.67 0.00 2,720.00 28,774.67
Fund: 245 - OIL & GAS FUND
Dept: 000
001.000 Cash 62,823.64 0.05 57,680.00 5,143.69
001.020 Money Market 422,078.66 0.00 0.00 422,078.66
Total Dept: 000 484,902.30 0.05 57,680.00 427,222.35
CASH TRANSACTIONS REPORT
*** DRAFT ***
Page: 2
MONTH: AUGUST 9/23/2015
City of Manistee 11:38 am
Account Number Beginning Balance Debit Credit Ending Balance
Fund: 245 484,902.30 0.05 57,680.00 427,222.35
Fund: 275 - GRANT MANAGEMENT FUND
Dept: 000
001.000 Cash 69,587.66 68,000.00 104,096.44 33,491.22
Total Dept: 000 69,587.66 68,000.00 104,096.44 33,491.22
Fund: 275 69,587.66 68,000.00 104,096.44 33,491.22
Fund: 290 - PEG COMMISSION
Dept: 000
001.000 Cash 26,521.78 1,404.04 3,166.67 24,759.15
Total Dept: 000 26,521.78 1,404.04 3,166.67 24,759.15
Fund: 290 26,521.78 1,404.04 3,166.67 24,759.15
Fund: 296 - RAMSDELL THEATRE
Dept: 000
001.000 Cash 50,687.65 83,759.02 31,148.13 103,298.54
001.002 Cash - Escrow 0.00 3,080.00 0.00 3,080.00
004.000 Cash - Petty 200.00 0.00 0.00 200.00
Total Dept: 000 50,887.65 86,839.02 31,148.13 106,578.54
Fund: 296 50,887.65 86,839.02 31,148.13 106,578.54
Fund: 297 - FRIENDS OF THE RAMSDELL
Dept: 000
001.000 Cash 3,579.56 0.03 20.00 3,559.59
Total Dept: 000 3,579.56 0.03 20.00 3,559.59
Fund: 297 3,579.56 0.03 20.00 3,559.59
Fund: 430 - CAPITAL IMPROVEMENT FUND
Dept: 000
001.000 Cash 97,107.71 57,680.05 149,455.34 5,332.42
Total Dept: 000 97,107.71 57,680.05 149,455.34 5,332.42
Fund: 430 97,107.71 57,680.05 149,455.34 5,332.42
Fund: 490 - RENAISSANCE PARK
Dept: 000
001.000 Cash 1,100.14 0.01 0.00 1,100.15
Total Dept: 000 1,100.14 0.01 0.00 1,100.15
Fund: 490 1,100.14 0.01 0.00 1,100.15
Fund: 508 - BOAT RAMP FUND
Dept: 000
001.000 Cash 23,106.09 8,720.27 835.65 30,990.71
004.000 Cash - Petty 951.00 0.00 0.00 951.00
Total Dept: 000 24,057.09 8,720.27 835.65 31,941.71
Fund: 508 24,057.09 8,720.27 835.65 31,941.71
Fund: 573 - WATER & SEWER UTILITY
Dept: 000
001.000 Cash 230,919.67 711,622.71 766,098.43 176,443.95
001.002 Cash - Escrow 43,200.00 2,400.00 1,300.00 44,300.00
004.000 Cash - Petty 300.00 0.00 0.00 300.00
017.000 MBIA Mi Class Inv 489,394.96 57.83 0.00 489,452.79
CASH TRANSACTIONS REPORT
*** DRAFT ***
Page: 3
MONTH: AUGUST 9/23/2015
City of Manistee 11:38 am
Account Number Beginning Balance Debit Credit Ending Balance
Dept: 000
017.001 MBIA MI Class - 2015 W&S RvBd 2,726,111.98 322.09 0.00 2,726,434.07
Total Dept: 000 3,489,926.61 714,402.63 767,398.43 3,436,930.81
Fund: 573 3,489,926.61 714,402.63 767,398.43 3,436,930.81
Fund: 594 - MARINA FUND
Dept: 000
001.000 Cash 39,226.23 50,171.74 38,187.65 51,210.32
001.002 Cash - Escrow 0.00 600.00 200.00 400.00
004.000 Cash - Petty 300.00 0.00 0.00 300.00
Total Dept: 000 39,526.23 50,771.74 38,387.65 51,910.32
Fund: 594 39,526.23 50,771.74 38,387.65 51,910.32
Fund: 661 - MOTOR POOL FUND
Dept: 000
001.000 Cash 523,473.24 27,041.64 77,000.00 473,514.88
Total Dept: 000 523,473.24 27,041.64 77,000.00 473,514.88
Fund: 661 523,473.24 27,041.64 77,000.00 473,514.88
Fund: 703 - CURRENT TAX COLLECTION
Dept: 000
001.000 Cash 392,694.67 5,218,065.05 3,453,484.38 2,157,275.34
Total Dept: 000 392,694.67 5,218,065.05 3,453,484.38 2,157,275.34
Fund: 703 392,694.67 5,218,065.05 3,453,484.38 2,157,275.34
Fund: 704 - PAYROLL CLEARING FUND
Dept: 000
001.000 Cash 62,137.46 486,733.01 480,056.20 68,814.27
001.007 Cash - Federal & State Taxes 6.26 57,370.34 57,370.30 6.30
Total Dept: 000 62,143.72 544,103.35 537,426.50 68,820.57
Fund: 704 62,143.72 544,103.35 537,426.50 68,820.57
Fund: 705 - DELINQUENT TAX COLLECTION
Dept: 000
001.000 Cash 1,115.70 1,453.27 1,413.49 1,155.48
Total Dept: 000 1,115.70 1,453.27 1,413.49 1,155.48
Fund: 705 1,115.70 1,453.27 1,413.49 1,155.48
Grand Totals: 6,056,369.12 14,560,186.55 11,792,436.35 8,824,119.32
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