City Council

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Colleen Kenny on Tuesday, June 7, 2016 at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: Colleen Kenny, Lynda Beaton, Roger Zielinski, Robert Goodspeed, James Smith, Mark Wittlieff, and Eric Gustad. ALSO PRESENT: City Manager – Thad Taylor, City Attorney – George Saylor, City Clerk – Michelle Wright, DPW Director – Jeff Mikula, Finance Director – Ed Bradford, Planning & Zoning Administrator – Denise Blakeslee, and City Engineer – Shawn Middleton / Spicer Group. Mayor Kenny stated New Business Item f.) Consideration of Awarding a Contract to Reconstruct Twelfth Street From Maple to Oak Street will be removed from the agenda to be brought up at a different meeting. CITIZEN COMMENTS ON AGENDA RELATED ITEMS. Bobbi Rogers – 707 Harbor Drive commented on the Lighthouse Park agenda item, the remediation plan, and hopes to have it done by July 1st. Nancy Swenson – 389 Seventh Street represents the Lakeside Club and gave some background information on their agenda request to recognize them as a non‐profit organization. Councilmember Beaton stated that she is also a member of the Lakeside Club. Becky Sedbreck, 1889 Lakeview Drive thanked Ms. Rogers for all the work she has done on the Lighthouse Park, important to the city and the townships, and brings people in. CONSENT AGENDA.  Minutes ‐ May 17, 2016 ‐ Regular Meeting  Financial Reports ‐ April 2016 ‐ Cash Balances ‐ Revenue & Expense  Consideration of a Resolution Recognizing the Lakeside Club of Manistee as a Non‐Profit Organization. The Lakeside Club of Manistee would like to conduct a raffle as part of their annual Tour of Homes fundraising campaign. All funds raised from the proceeds go to non‐profit organizations within the County of Manistee. Prior to the State of Michigan issuing a license for this raffle, the City of Manistee would need to recognize the Lakeside Club as a non‐ profit organization. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016  Notification Regarding Next Work Session – June 14, 2016 A discussion will be conducted on the Downtown Development Authority; and such business as may come before the Council.  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 Thursday, June 30 and running through Monday, July 4, 2016. The proposed schedule includes parades, fireworks, carnival, hospitality tent, arts & crafts show, special events for the kids, signage, and much more.  Consideration of the Annual Humane Society Tag Day Request. The Manistee County Humane Society is requesting permission to hold their annual Tag Day fundraiser on August 19 & 20, 2016 in the City of Manistee. Funds raised will benefit the Homeward Bound Animal Shelter.  Consideration of Annual Strut Your Mutt Event on the Riverwalk. The Manistee County Humane Society would like to hold their annual Strut Your Mutt event on the Riverwalk on Sunday, September 18, 2016. This event is a very popular and successful fundraiser for the Humane Society and the Homeward Bound animal shelter. This request includes closing the street in front of the Municipal Marina for registration and other activities, followed by a walk along the Riverwalk.  Consideration of Annual Cub Scout Mobile Race. The Cub Scouts have requested authorization to conduct their annual mobile race on Washington Street from the water tower to 321 Washington Street for a soap box derby type race. The race will take place on Sunday, June 12, 2016 from 1:00 to 3:00 p.m. The group has requested the road be blocked during this time and to have an EMS standing by. MOTION by Goodspeed, second by Zielinski to approve the Consent Agenda as presented. Question was asked if Beaton needed to abstain from the vote, as she is a member of the Lakeside Club. Saylor stated that it was ok as long as she made the disclosure of being a member. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF A RESOLUTION, MICHIGAN NATURAL RESOURCES TRUST FUND ANNIVERSARY. The Michigan Natural Resources Trust Fund Board will be meeting in Manistee County on June 14 and 15, 2016 in celebration of their Fortieth Anniversary of the Trust Fund. A resolution has been prepared for Council consideration recognizing this anniversary and giving thanks for the financial support received for various projects including the acquisition of Man‐Made Lake property, First Street Beach Pavilion, and others. | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 MOTION by Zielinski, second by Goodspeed to adopt a resolution giving thanks and appreciation to the Michigan Natural Resources Trust Fund on their Fortieth Anniversary. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF A STREET VACATION REQUEST. A request has been received from Miranda Mead, Karen Schaab, and Don Reinhold to vacate the undeveloped portion of Duffy Street located between Monroe Street and Grove Street; once vacated the street will be divided between the properties as shown on the sketch prepared by Spicer Group Job #123353SG2016. The Planning Commission reviewed this request at their meeting of May 5, 2016 and recommends approval. The City Attorney has approved the resolution. MOTION by Zielinski, second by Wittlieff to authorize the Mayor and City Clerk to sign a resolution to vacate the undeveloped portion of Duffy Street between Monroe Street and Grove Street; and authorize the City Clerk to record the resolution with the Register of Deeds and file it with the State of Michigan. Discussion followed. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATIONS OF AUTHORIZING RENOVATIONS TO LIGHTHOUSE PARK. Last summer Lighthouse Park was closed to complete testing for the presence of arsenate, originally used to treat the wood surface. Based on the test results a plan has been formulated to safely reopen the playground. The plan includes utilizing Public Works employees, a volunteer group, and various donations. The remaining out‐of‐pocket expense is estimated at $3,000. MOTION by Beaton, second by Smith to authorize the renovations of Lighthouse Park utilizing an estimated $3,000 from fund balance. Discussion followed regarding necessary hazmat training. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 CONSIDERATION OF AMENDING THE REPUBLIC SERVICES CONTRACT. Following the 2016 City Household Hazardous Waste Program, the usage statistics were analyzed to evaluate the participation. Several ideas have been proposed that would increase value to the citizens. The proposed amendment clarifies responsibilities and allows for the enhancement of the program. The City Attorney has reviewed and approved the amendment. MOTION by Zielinski, second by Wittlieff to amend the section of the Republic Services contract as it pertains to the Household Hazardous Waste program and authorize the Mayor and City Clerk to execute the amendment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS. The City Clerk has taken action to advertise vacancies on the Board of Review, Brownfield Redevelopment Authority, Downtown Development Authority, Housing Commission, Non‐Motorized Transportation Committee, Oil and Gas Investment Board, Parks Commission, PEG Commission, and the Zoning Board of Appeals. All appointments by the Mayor are subject to the Council’s approval, unless otherwise specified by statute or ordinance. Nominations for Council appointments do not require a second. After a member of Council nominates an individual for appointment, Council shall vote on the nomination. A majority vote in favor of placement of the nominee is required for appointment. The following applications have been received: (*Incumbent) BOARD OF REVIEW ‐ One Regular Member term ending 12/31/18. Applicants shall be taxpaying electors of the City who are owners of property assessed for taxes in the City and, at the time of their appointment, are neither elected or appointed officials of the City; Council appointment. Mary Kowalski Wilhelm, 421 Cedar Street Goodspeed nominated Mary Kowalski Wilhelm, 421 Cedar Street to the Board of Review – Regular Member for a term ending 12/31/18. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None | Page 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 BROWNFIELD REDEVELOPMENT AUTHORITY ‐ Three vacancies, terms ending 6/30/19. Applicants must be a City resident or person with interest in property in the City, Mayoral appointment. Marlene McBride, 217 River Street* Mayor Kenny appointed Marlene McBride to the Brownfield Redevelopment Authority for a term ending 6/30/19. MOTION by Goodspeed, second by Gustad to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None DOWNTOWN DEVELOPMENT AUTHORITY ‐ Two vacancies, terms ending 6/30/20, applicants must have an interest in property in the downtown district, Mayoral appointment. Todd Mohr, P. O. Box 1011* Kenny appointed Todd Mohr to the Downtown Development Authority for a term ending 6/30/20. MOTION by Goodspeed, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None HOUSING COMMISSION ‐ One vacancy, term ending 5/31/21, Mayoral appointment. Dale W. Priester, 346 Fourth Street* Cheryl A. Stephison, 273 Sixth Avenue, Apt 110 Kenny appointed Dale W. Priester to the Housing Commission for a term ending 5/31/21. MOTION by Goodspeed, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed, 5‐2. AYES: Kenny, Beaton, Goodspeed, Wittlieff, and Gustad NAYS: Zielinski and Smith NON‐MOTORIZED TRANSPORTATION COMMITTEE ‐ Five vacancies, four terms ending 3/31/18 and one partial term ending 3/31/17, Mayoral appointment. Mark Tomaszewski, 106 Tamarack Street* Kenny appointed Mark Tomaszewski to the Non‐Motorized Transportation Committee for a term | Page 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 ending 3/31/18. MOTION by Goodspeed, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None OIL AND GAS INVESTMENT BOARD ‐ One vacancy, term ending 6/30/20, Mayoral appointment. Douglas A. Parkes, 724 Harbor Drive* Kenny appointed Douglas A. Parkes to the Oil & Gas Investment Board for a term ending 6/30/20. MOTION by Goodspeed, second by Zielinski to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None PARKS COMMISSION ‐ Three vacancies, two terms ending 6/30/19 and one partial term ending 6/30/17, two members can be non‐residents but must own real estate, business or a profession having a licensed business location in the City, Mayor appointment. Erin Pontiac, 1003 Engelmann Street* Lynn M. Vasquez, 489 Water Street* Mike Quinn, 348 Fifth Avenue Kenny appointed Erin Pontiac to the Parks Commission for a term ending 6/30/19. MOTION by Zielinski, second by Goodspeed to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None Kenny appointed Lynn M. Vasquez to the Parks Commission for a term ending 6/30/19. MOTION by Zielinski, second by Smith to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None Kenny appointed Mike Quinn to the Parks Commission for a partial term ending 6/30/17. MOTION by Zielinski, second by Beaton to support the Mayor’s appointment. | Page 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None PEG COMMISSION ‐ One vacancy, term ending 12/31/18, applicants must be Manistee County residents, Council appointment. None received ZONING BOARD OF APPEALS ‐ Four vacancies, one term ending 5/31/18 (alternate member) and three terms ending 5/31/19, Mayoral appointment. William R. Kracht, 403 First Street* Mark Hoffman, 361 Second Street* John H. Perschbacher, 420 Third Street* Kenny appointed William R. Kracht to the Zoning Board of Appeals for a term ending 5/31/19. MOTION by Zielinski, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None Kenny appointed Mark Hoffman to the Zoning Board of Appeals for a term ending 5/31/19. MOTION by Zielinski, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None Kenny appointed John H. Perschbacher to the Zoning Board of Appeals for a term ending 5/31/19. MOTION by Zielinski, second by Wittlieff to support the Mayor’s appointment. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None 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. | Page 7  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 PRESENTATION ON LAUNCH MANISTEE BY TIM ERVIN & MARY ANN BEHM. Tim Ervin and Mary Ann Behm gave a background of the program and the progress made in the last two years. CITIZEN COMMENT. Comments received by:  Gary Patulski – 159 Quincy Street (summer resident) / has seen a lot of changes, more closed businesses, TIF district decrease, what can be done to make next year’s budget sustainable, challenged Council, wants to see results. OFFICIALS AND STAFF. Mikula gave project updates on the Sixth Avenue pump station, riverbank sewer, and riverwalk repair; DTE installing a new valve on gas main that goes under the river. Heath Darling, Deputy Fire Chief stated on June 23rd at 2pm they are hosting a DOSE training on SID related deaths, open to all first responders; on July 3rd from 10am‐6pm they will be holding a hands only CPR marathon training which will consist of brief 15 minute training sessions. COUNCILMEMBERS. Beaton thanked Bobbi Rogers for work on the Lighthouse Park. Zielinski commented on the Tight Lines for Troops event, emotional event, thanked the volunteers; commended a Republic Waste driver for going above and beyond by picking up debris caused by the wind at the recycling center; would like to have a discussion on dogs on the boardwalk; would like a recycling ordinance in place to enforce illegal dumping. Goodspeed also thanked Ms. Rogers. Smith stated there is a Flag Day ceremony at the Manistee Elks next Tuesday, encouraged people to attend. Wittlieff asked when the noxious weed cleanup starts for the year (May). Gustad thanked those involved with the Lighthouse Park; Lakeside Club; citizens that applied to Boards and Commissions; and wanted to recognize Tim Ervin for helping the Fillmore coffee shop get their health inspection completed. CONSIDERATION OF A CLOSED SESSION, CITY MANAGER PERIODIC EVALUATION. City Manager Thad Taylor has requested a Closed Session this evening as permitted by the Open Meetings Act, Section 8 (a) for a periodic evaluation of the City Manager. | Page 8  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – June 7, 2016 MOTION by Goodspeed, second by Zielinski proceed to a Closed Session under Section 8 (a) of the Michigan Open Meetings Act. Time: 8:40 p.m. With a roll call vote this motion passed unanimously. AYES: Kenny, Beaton, Zielinski, Goodspeed, Smith, Wittlieff, and Gustad NAYS: None MOTION by Smith, second by Goodspeed to return to Regular Session. All in favor. Time: 8:58 p.m. ADJOURN. MOTION to adjourn was made by Beaton, second by Wittlieff. Meeting adjourned at 8:59 p.m. Michelle Wright MMC / CPFA, MiCPT City Clerk/Chief Deputy Treasurer | Page 9