City Council

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Jermaine Sullivan on Tuesday, January 17, 2023, 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, and James Grabowski ABSENT: Erin Martin Pontiac ALSO PRESENT: City Manager – Bill Gambill, City Attorney – George Saylor, City Clerk – Heather Pefley, DPW Director – Jeff Mikula, Finance Director – Edward Bradford, Fire Chief – Mark Cameron, and City Engineer – Shawn Middleton PUBLIC HEARING FOR ESTABLISHING AN OBSOLETE PROPERTY REHABILITATION DISTRICT FOR 348 RIVER STREET A request has been received from River Street Hotel, LLC to establish an Obsolete Rehabilitation District for the property located at 348 River Street, pursuant to Public Act 146 of 2000 to facilitate the redevelopment of the property. The affected property owner has received formal written notice of the public hearing and the public was provided an opportunity to comment. No comments received. Public hearing closed at 7:01p.m. PUBLIC HEARING FOR AN OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE APPLICATION FROM RIVER STREET HOTEL, LLC FOR AN OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE FOR THE PROPERTY LOCATED AT 348 RIVER STREET An application has been received from River Street Hotel, LLC for an Obsolete Property Rehabilitation Exemption Certificate for the property located at 348 River Street, pursuant Public Act 146 of 2000. The affected property owner has received formal written notice of the public hearing and the public was provided an opportunity to comment. No comments received. Public hearing closed at 7:02p.m. PUBLIC HEARING ON THE ADOPTION OF A BROWNFIELD PLAN FOR 348 RIVER STREET The purpose of the public hearing is to afford an opportunity for all citizens and interested parties to provide comments on the adoption of the proposed Brownfield Plan for the River Street Hotel, LLC redevelopment project. No comments received. Public hearing closed at 7:03p.m. CITIZEN COMMENTS ON AGENDA RELATED ITEMS Therran Ferguson, Brethren / asked Council to support his application for the Housing Commission and | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 also the application for James Smith. James Smith, 353 First Street / asked Council for their support for his application for the Housing Commission. Steve Fosdick, 5033 Kenny Road / asked Council for their support for his application for appointment to the Housing Commission. Sammie Lukaskiewicz, 315 Fifth Avenue / asked Council for their support for her application for appointment to the Housing Commission. CONSENT AGENDA • Minutes January 3, 2023 Regular Meeting January 10, 2023 Study Session • Financial Reports Payroll December 2022 Invoices December 2022 • Notification Regarding Next Study Session – Tuesday, February 14, 2023, at 7:00 p.m. A Council study session has been scheduled for Tuesday, February 14, 2023 at 7:00 p.m. A discussion will be conducted on Ramsdell Regional Center of the Arts update, sidewalk ordinance, Neighborhood Enterprise Zones; and such business as may come before Council. MOTION by Grabowski, second by Pratt, to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None CONSIDERATION OF ESTABLISHING AN OBSOLETE PROPERTY REHABILITATION DISTRICT FOR PROPERTY LOCATED AT 348 RIVER STREET A request has been received from River Street Hotel, LLC to establish an Obsolete Property Rehabilitation District for the property located at 348 River Street, pursuant to Public Act 146 of 2000, to facilitate redevelopment of the property. A public hearing on the request was held earlier in this meeting. MOTION by Bachman, second by Grabowski to approve a resolution establishing an Obsolete Property Rehabilitation District for the property located at 348 River Street. Jon Faber and James Lewis of River Street Hotel, LLC gave a presentation on the Emerald Cove Boutique Hotel and Restaurant project proposed for 348 River Street and answered questions from Council. Discussion included: • Elevator size • Roof green space | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 • Construction costs • Financing • Parking With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None CONSIDERATION OF AN APPLICATION FOR AN OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE FROM RIVER STREET HOTEL, LLC FOR THE PROPERTY LOCATED AT 348 RIVER STREET An application has been received from River Street Hotel, LLC for an Obsolete Property Rehabilitation Exemption Certificate for the property located at 348 River Street, pursuant to Public Act 146 of 2000. A public hearing was conducted earlier this meeting on this request. This item could be considered if Council took action to establish the OPRA District in the previous agenda item. MOTION by Grabowski, second by Lundberg to approve a resolution to approve an Obsolete Property Rehabilitation Certificate application from River Street Hotel, LLC for the property located at 348 River Street. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None CONSIDERATION OF A BROWNFIELD PLAN FOR THE RIVER STREET HOTEL, LLC REDEVELOPMENT PROJECT Earlier this evening a public hearing was held on the proposed Brownfield Plan for the River Street Hotel, LLC redevelopment project. The City of Manistee Brownfield Authority has approved the Brownfield Plan. Public Act 381 of 1996 requires the municipality where the project is located to also approve the Plan. MOTION by Grabowski, second by Lundberg to adopt a resolution approving the Brownfield Plan for the River Street Hotel, LLC redevelopment. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None CONSIDERATION OF AN AGREEMENT TO TRANSFER 1001 KOSCIUSKO STREET AND 530 DAVIS STREET TO THE MANISTEE COUNTY LAND BANK FOR INCLUSION IN A BLIGHT ELIMINATION GRANT APPLICATION The City has been working with the Manistee County Land Bank (MCLB) regarding a scope of work for a Blight Elimination Grant due January 30, 2023. The MCLB receives a $200,000 allocation of blight | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 elimination funds and in order for the properties to be included in the grant application, the MCLB must have control of the properties. The City has two properties eligible for the grant, 1001 Kosciusko Street and 530 Davis Street. MOTION by Beaton, second by Bachman to authorize an agreement to transfer 1001 Kosciusko Street and 530 Davis Street to the Manistee County Land Bank for inclusion in a Blight Elimination Grant application and authorize the City Manager to execute the documents. Subject to final City Attorney approval. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None CONSIDERATION OF A RESOLUTION REQUIRING CITY COUNCIL APPROVAL BEFORE THE ESTABLISHMENT OF ANY COMPENSATION AND COMPENSATION INCREASES FOR THE CITY OF MANISTEE HOUSING COMMISSION DIRECTOR The Michigan Housing Facilities Act outlines the powers and duties of the Housing Commission and provides for certain oversight duties of the City Council. The Act provides upon the recommendation of the Mayor, the City Council may adopt a resolution, either conditioning the establishment of any compensation of an officer or employee of the Housing Commission upon the approval of the Council or establishing compensation ranges and classifications to be used by the Housing Commission in fixing the compensation of its officers and employees. MCL 125.655(3). MOTION by Beaton, second by Pratt to adopt a resolution to establish compensation and compensation increases for the City of Manistee Housing Commission Director. With a roll call vote this motion failed, 1-5. AYES: Bachman NAYS: Beaton, Lundberg, Sullivan, Pratt, and Grabowski CONSIDERATION OF AN AGREEMENT WITH REHMANN CORPORATE INVESTIGATIVE SERVICES FOR AN INVESTIGATORY AUDIT OF THE CITY OF MANISTEE HOUSING COMMISSION As authorized by Section 7-9 of the City Charter, the City is requesting an independent audit of the City of Manistee Housing Commission due to concerns over contracts and other actions being authorized without appropriate commission action. MOTION by Pratt, second by Grabowski to authorize an investigatory audit by Rehman Corporate Investigative Services of the City of Manistee Housing Commission and authorize the City Manager to execute the documents. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None | Page 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 CONSIDERATION OF INSTALLING A LIFE JACKET LOANING STATION AT ONE OF THE PUBLIC BEACHES IN THE CITY, FACILITATED BY THE MANISTEE AREA LEADERSHIP PROGRAM The Manistee Area Leadership Program is facilitating the installation of a life jacket loaning station for the public, which includes the life jackets for the station. The City would maintain the station after installation, which would include replacing life jackets and general repair and maintenance. MOTION by Pratt, second by Grabowski to authorize a life jacket station to be installed, indicate the location of installation, and agree to maintain the station once installed. Discussed included: • Maintenance • Replacement • Liability • Sea Tow Foundation Grant • Placement of stations MOTION by Lundberg, second by Beaton to AMEND the original motion to authorize two (2) life jacket stations to be installed. With a roll call for the motion to amend the motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None With a roll call vote the amended motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None CONSIDERATION OF A SPECIAL COMMITTEE CREATION AND ASSIGNMENT REQUEST FOR THE BEACH AMPHITHEATER MARKET AND FEASIBILITY STUDY RFP COMMITTEE Section 13-16 of the City Charter allows for the creation of special committees to make recommendations to City Council. The City allocated $20,000 of ARPA funds in the current budget and Salt City Rock and Blues, Inc has also dedicated funds toward a market/feasibility study to determine the appropriate size and operation of a beach amphitheater at First Street Beach/Douglas Park. The City Manager is requesting that Council provide a representative to participate in the committee. MOTION by Lundberg, second by Bachman to establish an ad hoc Amphitheater Market and Feasibility Study RFP Committee, designate a member of Council to serve on the Committee, and authorize the City Manager to fill the remainder of the committee. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None | Page 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 Mayor Sullivan asked for nominations to designate a member of Council to serve on the ad hoc Amphitheater Market and Feasibility Study RFP Committee. Sullivan nominated Martin Pontiac; Pratt nominated Pratt; Beaton nominated Lundberg. No other nominations were received. A roll call was taken as follows: MARTIN PONTIAC: Bachman, Sullivan, Grabowski (3) LUNDBERG: Beaton, Lundberg, Pratt (3) PRATT: A roll call was taken as follows: MARTIN PONTIAC: Bachman, Lundberg, Sullivan, Grabowski (4) LUNDBERG: Beaton, Pratt (2) PRATT: Councilmember Martin Pontiac was appointed to serve on the ad hoc Amphitheater Market and Feasibility Study RFP Committee. CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS The City Clerk has taken action to advertise vacancies on Board of Review, Compensation Commission, Harbor Commission, Housing Commission, Parks 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 Housing Commission – Two vacancies – one (1) term ending 05/31/23 and one (1) term ending 05/31/26. Purpose: Oversees Senior/Low Income Housing. Mayoral appointment. Steve Fosdick – 5033 Kenny Road, Manistee Sammie Lukaskiewicz – 315 Fifth Avenue, Manistee James W. Smith – 353 First Street, Manistee Therran Ferguson – 13284 Graf Road, Brethren Mayor Sullivan appointed Sammie Lukaskiewicz, 315 Fifth Avenue to the Housing Commission term ending 05/31/23. MOTION by Bachman, second by Lundberg to support Mayor Sullivan’s appointment of Sammie Lukaskiewicz, 315 Fifth Avenue to the Housing Commission term ending 05/31/23. With a roll call vote this motion failed, 2-4. AYES: Bachman and Sullivan NAYS: Beaton, Lundberg, Pratt, and Grabowski | Page 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 Mayor Sullivan appointed Steve Fosdick, 5033 Kenny Road to the Housing Commission term ending 05/31/23. MOTION by Bachman, second by Beaton to support Mayor Sullivan’s appointment of Steve Fosdick, 5033 Kenny Road to the Housing Commission term ending 05/31/23. With a roll call vote this motion passed, 5-1. AYES: Bachman, Beaton, Lundberg, Sullivan, and Pratt NAYS: Grabowski Mayor Sullivan appointed Therran Ferguson,13284 Graf Road, Brethren to the Housing Commission term ending 05/31/26. MOTION by Pratt, second by Bachman to support Mayor Sullivan’s appointment of Therran Ferguson,13284 Graf Road, Brethren to the Housing Commission term ending 05/31/26. With a roll call vote this motion failed, 3-3. AYES: Bachman, Sullivan, and Pratt NAYS: Beaton, Lundberg, and Grabowski Mayor Sullivan appointed James W. Smith, 353 First Street to the Housing Commission term ending 05/31/26. MOTION by Grabowski, second by Beaton to support Mayor Sullivan’s appointment of James W. Smith, 353 First Street to the Housing Commission term ending 05/31/26. With a roll call vote this motion passed, 4-2. AYES: Bachman, Beaton, Lundberg, and Grabowski NAYS: Sullivan and Pratt Parks Commission – One vacancy – term ending 06/30/23. Three members can be non-residents but must own real estate or a business or profession having a licensed business location in the City or have a child attending school within the City. Purpose: advisory on parks development, maintenance, improvements, and identifying, planning, implementing public and private beautification projects. Mayoral appointment. John Veach – 485 Oxford Court, Manistee Mayor Sullivan appointed John Veach, 485 Oxford Court to the Parks Commission term ending 06/30/23. MOTION by Pratt, second by Grabowski to support Mayor Sullivan’s appointment of John Veach to the Housing Commission term ending 06/30/23. With a roll call vote this motion passed unanimously. | Page 7  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, and Grabowski NAYS: None A REPORT FROM THE MANISTEE RECREATION ASSOCIATION AND THE CITY MANAGER Ms. Dursa Marshall reported on the activities of the Manistee Recreation Association and responded to questions the Council had regarding their activities. The City Manager’s Office annually prepares a comprehensive review of calendar year activities. That review provides the City Council and the community with an opportunity to step back from day-to-day operations and take a longer look at what has been accomplished during the year. Mr. William Gambill presented the 2022 City of Manistee Highlights. PRESENTATION OF THE ANNUAL STATE OF THE STREETS REPORT Mr. Lucas Richardson, Spicer engineer, presented the State of the Streets report and responded to questions Council had. Presentation included: • 2022 PASER ratings for City Major and Local Streets • 2022 Major and Local Street work completed • 2022 Street Investment Summary • Treatments methods required for PASER ratings • Approximate overall cost by treatment method • Street Asset Management Plan (S.A.M.P) • Transportation Improvement Plan (T.I.P) • 2023 planned street work CITIZEN COMMENT Deanna Marsh / commented on signage for directing traffic downtown during the Memorial Bridge project. OFFICIALS AND STAFF Gambill provided an update on the River Street clock and Mack Park fence repairs. COUNCILMEMBERS Pratt commented on ongoing technical issues, requested future study session discussion on short term rentals, and inquired about communication with changes to the Hampton Inn project. Grabowski inquired about MDOT plans for signage during the bridge closure. Bachman thanked all applicants for their interest in the Housing Commission. Beaton offered comments on the appointments made to the Housing Commission, the PASER report, and detour signs and process. | Page 8  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JANUARY 17, 2023 Sullivan expressed disappointment in the voting process for commissions and would like to see appointments made based in credentials. ADJOURN MOTION by Grabowski, second by Pratt to adjourn the meeting at 9:17 p.m. Heather Pefley, CMC / MiPMC City Clerk | Page 9