City Council

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – DECEMBER 20, 2022 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Jermaine Sullivan on Tuesday, December 20, 2022, at 7:00 p.m. in the City Hall Council Chambers, 70 Maple Street, followed by the Pledge of Allegiance. PRESENT: David Bachman, Lynda Beaton, Cindy Lundberg, Jermaine Sullivan, Seth Pratt, James Grabowski, and Erin Martin Pontiac ABSENT: None ALSO PRESENT: City Manager – Bill Gambill, City Attorney – George Saylor, City Clerk – Heather Pefley, City Assessor – Molly Whetstone, Finance Director – Edward Bradford, Planning & Zoning Administrator – Katie Mehl, Police Chief – Josh Glass, Fire Chief – Mark Cameron, and City Engineer – Shawn Middleton AMEND AGENDA MOTION by Martin Pontiac, second by Bachman to amend the agenda to add item VIII g.) Housing Commission Membership #1. Dale Priester and #2. Kelly Tomaszewski. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CITIZEN COMMENTS ON AGENDA RELATED ITEMS Molly Whetstone, City Assessor / commented on the Board of Review applicant for the regular term vacancy. CONSENT AGENDA • Minutes December 6, 2022 Regular Meeting December 13, 2022 Study Session • Financial Reports Payroll November 2022 Invoices November 2022 • Notification Regarding Next Study Session – Tuesday, January 10, 2023, at 7:00 p.m. A Council study session has been scheduled for Tuesday, January 10, 2023 at 7:00 p.m. A discussion will be conducted on budget priorities, dining platforms, Bird Scooters; and such business as may come before Council. MOTION by Beaton, second by Grabowski, to approve the Consent Agenda as presented. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – DECEMBER 20, 2022 With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF REVOCATION OF OPRA CERTIFICATE 3-20-0029 Mr. Glagola, owner of 314 Sibben Street, Manistee, has failed to meet the completion date of December 1, 2022, for construction on this parcel. He has not pulled a building permit. The City Clerk sent a certified letter to Mr. Glagola on December 5, 2022, informing him of the City’s intention to revoke the OPRA certificate on his property. The City received a letter from Mr. Glagola asking for an extension on December 1, 2022 but based on the lack of progress and other issues, City Staff recommends the Revocation of his OPRA Certificate. MOTION by Beaton, second by Grabowski to revoke the OPRA Certificate 3-20-0029 for 314 Sibben Street, Stephen Glagola. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF FRICANO’S MANISTEE RIVER TO RECEIVE APPROVAL FOR A SOCIAL DISTRICT PERMIT The Downtown Development Authority (DDA) would like to request support and approval for Fricano’s Manistee River to receive a Social District permit. This will allow Fricano’s Manistee River to sell alcoholic beverages that can be consumed in the identified Social District area. The Michigan Liquor Control Commission requires a Local Government Unit Approval for Social District Permit form/resolution to be completed by the Local Government and signed by the Clerk for Fricano’s Manistee River to complete and submit the Social District permit application. MOTION by Martin Pontiac, second by Pratt to support and approve of the resolution for Fricano’s Manistee River to join the existing Social District. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF ENTERING INTO A CONTRACT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF MEMORIAL DRIVE The Michigan Department of Transportation will be completing a major rehabilitation project of | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – DECEMBER 20, 2022 the US-31 Memorial Bridge beginning in 2023. Part of the project includes a local detour which will utilize Memorial Drive. MDOT has agreed to fund $100,000 for the reconstruction of Memorial Drive. The City completed the Street upgrades in the fall of 2022. Approval of the MDOT resolution will allow the City to be reimbursed for previous expenses. The City Attorney has reviewed and approved the agreement. MOTION by Grabowski, second by Pratt to approve the resolution for Contract No. 22-5299, Control Section HIPB51011, Job Number 202982CON between the City of Manistee and the Michigan Department of Transportation. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A TEXT AMENDMENT TO THE ZONING ORDINANCE 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. For the approval of amending Zoning Ordinance language to remove Public from the phrase Parking Facility, Public. The use of Parking Facility will replace all mentions of Parking Facility, Public. This amendment is occurring due to ordinance amendment Z08-02 removing Public from the definition of Parking Facility, the Special Land Use Standards, and several districts within the Zoning Ordinance. When Z08-02 occurred, all sections of the Zoning Ordinance were not amended to remove Public from Parking Facility. MOTION by Bachman, second by Beaton to introduce Zoning Ordinance Z22-06, amending language to remove Public from the phrase Parking Facility, Public. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac. NAYS: None CONSIDERATION OF MUSIC SPARKS MEANING, SUMMER CONCERT SERIES Music Sparks Meaning is hosting a Summer Concert Series to help people in the Manistee community and surrounding areas to find passion and purpose through music. The series would include free concerts on Saturday nights, June 3, 17, and July 1, 15, 29, 2023, from 6:00 – 9:00 p.m. at the First Street Beach gazebo. MOTION by Pratt, second by Martin Pontiac to approve the Music Sparks Meaning, Summer Concert Series on alternating Saturdays in June and July 2023. | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – DECEMBER 20, 2022 With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac. NAYS: None CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS The City Clerk has taken action to advertise vacancies on Board of Review, Brownfield Redevelopment Authority, Compensation Commission, Harbor Commission, PEG Commission, and Tree Commission. Mayoral and Manager appointments require a motion, second and Council voted support. Nominations for Council appointments do not require a second. After all nominations are made, Council votes on the nominees until one nominee receives majority support. The following applications have been received: *Incumbent Board of Review – Two vacancies, one (1) regular term ending 12/31/25 and one (1) alternate term ending 12/31/25; applicants must be a City tax paying, registered voter. Purpose: Hears property valuation appeals. Council appointment. *Erica Starkey-Hawkins – 5 Magill Street Beaton nominated Erica Starkey-Hawkins, 5 Magill Street, to the Board of Review, regular term ending 12/31/25. With a roll call vote this nomination passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac. NAYS: None Brownfield Redevelopment Authority – One vacancy, term ending 06/30/24; applicants must be City residents or people with interest in property in the City. Purpose: Promote revitalization of environmentally distressed & functionally obsolete areas. Mayoral appointment. Meagan Kempf – 1725 Merkey Road Mayor Sullivan appointed Meagan Kempf, 1725 Merkey Road, to the Brownfield Redevelopment Authority, term ending 06/30/24. MOTION by Beaton, second by Martin Pontiac to support Mayor Sullivan’s appointment of Meagan Kempf to the Brownfield Redevelopment Authority, term ending 06/30/24. With a roll call vote this motion passed unanimously. | Page 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – DECEMBER 20, 2022 AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac. NAYS: None HOUSING COMMISSION MEMBERSHIP #1. Dale Priester Mayor Sullivan recommended the removal of Housing Commissioner Dale Priester. The City Council has the authority to remove a housing commissioner upon the recommendation of the Mayor pursuant to City Ordinance Chapter 270 and the Michigan Housing Facilities Act MCL 125.654(3). This action shall be effective immediately. The remainder of Mr. Priester’s term, which expires on May 31, 2026, will be filled by an appointment to be confirmed by the City Council at a later date. MOTION by Pratt, second by Grabowski to support the Mayor’s recommendation to remove Dale Priester from the Housing Commission effective immediately. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac. NAYS: None #2. Kelly Tomaszewski Mayor Sullivan recommended the removal of Housing Commissioner Kelly Tomaszewski. The City Council has the authority to remove a housing commissioner upon the recommendation of the Mayor pursuant to City Ordinance Chapter 270 and the Michigan Housing Facilities Act MCL 125.654(3). This action shall be effective immediately. The remainder of Ms. Tomaszewski’s term, which expires on May 31, 2023, will be filled by an appointment to be confirmed by the City Council at a later date. MOTION by Pratt, second by Grabowski to support the Mayor’s recommendation to remove Kelly Tomaszewski from the Housing Commission effective immediately. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac. NAYS: None CITIZEN COMMENT Barry Peterson, 575 Eighth Street / commented on the recent Airport Authority nomination for appointment. | Page 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – DECEMBER 20, 2022 OFFICIALS AND STAFF Gambill updated Council that the City is still looking into the possibility of a large overlapping OPRA/CRA district and an OPRA application was received for the Music Vault building. COUNCILMEMBERS Councilmembers wished everyone a safe and happy holiday. Pratt commented on the most recent Parks Commission meeting and expressed areas of concern. Martin Pontiac asked for an update on the Kosciusko Street house arson. Grabowski commented on applicants for Boards & Commissions; would like to see more come to Council meetings to introduce themselves and provide background. Sullivan made clarification that her nomination to the Airport Authority was made based on the applications submitted to Council by the applicants and stated that all applicants are provided an opportunity to speak before council. ADJOURN MOTION by Grabowski to adjourn the meeting at 7:46 p.m. Heather Pefley, CMC / MiPMC City Clerk | Page 6