City Council

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Jermaine Sullivan on Tuesday, March 21, 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, James Grabowski, and Erin Martin Pontiac ABSENT: None ALSO PRESENT: City Manager – Bill Gambill, City Attorney – George Saylor, City Clerk – Heather Pefley, Finance Director – Edward Bradford, Planning & Zoning Administrator – Katie Mehl, Police Chief – Josh Glass, Fire Chief – Mark Cameron, and City Engineer – Shawn Middleton PUBLIC HEARING FOR ESTABLISHING AN OBSOLETE PROPERTY REHABILITATION DISTRICT FOR 91 AND 99 ARTHUR STREET A request has been received from 91/99 Arthur Development Company, LLC to establish an Obsolete Rehabilitation District for the property located at 91 and 99 Arthur 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. Public comment provided by: Jason & Marija Tillman – project developers Phil Gorski – Joslin Cove Bruce Matthews – Bayview Condos Marc Miller – Manistee Chamber of Commerce Public Hearing closed at 7:12 p.m. PUBLIC HEARING FOR AN OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE APPLICATION FROM 91/99 ARTHUR DEVELOPMENT COMPANY, LLC FOR THE PROPERTY LOCATED AT 91 AND 99 ARTHUR STREET An application has been received from 91/99 Arthur Development Company, LLC for an Obsolete Property Rehabilitation Exemption Certificate for the property located at 91 and 99 Arthur 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 public comments received. Public Hearing closed at 7:13 p.m. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 PUBLIC HEARING TO DISCUSS MICHIGAN DEPARTMENT OF NATURAL RESOURCES TRUST FUND DEVELOPMENT GRANT FOR IMPROVEMENTS ON VETERANS MEMORIAL PARK – NORTH RIVERWALK The purpose of this hearing is to seek community input regarding the Michigan Department of Natural Resources Trust Fund grant application that was prepared by the City for improvements to Veterans Memorial Park – North Riverwalk. The City Clerk completed the required notices of the public hearing, and the public was provided the opportunity to comment. Public comment provided by: Michael Szymanski – 332 Fifth Street Public Hearing closed at 7:15 p.m. CITIZEN COMMENTS ON AGENDA RELATED ITEMS Public comment provided by: Marc Miller – Manistee Chamber of Commerce CONSENT AGENDA • Minutes March 7, 2023 Regular Meeting March 14, 2023 Study Session • Financial Reports Payroll February 2023 Invoices February 2023 • Notification Regarding Next Study Session – Tuesday, April 11, 2023, at 7:00 p.m. A discussion will be conducted on Neighborhood Enterprise Zones, short-term rentals, rental inspection program, blight, budget discussion; and such business as may come before Council. • Consideration of Catamaran Racing Association of Michigan holding two Manistee regattas, the first on June 17-18, 2023, and the second on July 29-30, 2023 - The Catamaran Racing Association of Michigan is requesting to hold two Manistee Regattas, the first would be held on June 17-18, 2023, and the second on July 29-30, 2023. The boats would be kept on the beach inside the harbor overnight and the participants are requesting permission to camp in the grassy area west of the parking lot, as in past years. MOTION by Beaton, 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, Grabowski, and Martin Pontiac NAYS: None | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 CONSIDERATION OF ESTABLISHING AN OBSOLETE PROPERTY REHABILITATION DISTRICT FOR PROPERTY LOCATED AT 91 AND 99 ARTHUR STREET A request has been received from 91/99 Arthur Development Company, LLC to establish an Obsolete Property Rehabilitation District for the property located at 91 and 99 Arthur 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 Grabowski, second by Bachman to approve a resolution establishing an Obsolete Property Rehabilitation District for the property located at 91 and 99 Arthur Street. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF AN APPLICATION FOR AN OBSOLETE PROPERTY REHABILITATION EXEMPTION CERTIFICATE FROM 91/99 ARTHUR DEVELOPMENT COMPANY, LLC FOR THE PROPERTY LOCATED AT 91 AND 99 ARTHUR STREET An application has been received from 91/99 Arthur Development Company, LLC for an Obsolete Property Rehabilitation Exemption Certificate for the property located at 91 and 99 Arthur 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 Martin Pontiac to approve a resolution to approve an Obsolete Property Rehabilitation Certificate application from 91/99 Arthur Development Company, LLC for the property located at 91 and 99 Arthur Street. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A GRANT APPLICATION TO THE MICHIGAN NATURAL RESOURCES TRUST FUND FOR IMPROVEMENTS TO VETERANS MEMORIAL PARK – NORTH RIVERWALK The North Riverwalk has aged and deteriorated and requires substantial upgrades. Rehabilitation plans include replacing steps, walkways, retaining walls and landscaping. Additional enhancements include utilization of maintenance friendly materials, bioswales for storm water treatment, solar lighting, and ADA accessibility improvements. The projected cost of the project is $605,000. Funding for the project includes local match, and a $300,000 grant from the Michigan Natural Resources Trust Fund. MOTION by Bachman, second by Pratt to approve the resolution to apply for the Michigan Natural Resources Trust Fund grant. | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A CONTRACT WITH SRM HOSPITALITY, LLC DBA LAKE GULLS CONCESSIONS AND RENTALS TO OPERATE THE FIFTH AVENUE BEACH HOUSE CONCESSION STAND The City issued a Request for Proposals to operate the beach house concession stands. A subcommittee of the Parks Commission reviewed the responses and is recommending SRM Hospitality, LLC DBA Lake Gulls Concession and Rentals be awarded the contract for Fifth Avenue Beach. MOTION by Beaton, second by Pratt to enter into a contract with SRM Hospitality, LLC DBA Lake Gulls Concessions and Rentals to operate the Fifth Avenue beach house concession stand and authorize the Mayor and City Clerk to execute the agreement. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A CONTRACT WITH BRITISH LANDING ENTERPRISES, INC. TO OPERATE THE FIRST STREET BEACH HOUSE CONCESSION STAND The City issued a Request for Proposals to operate the beach house concession stands. A subcommittee of the Parks Commission reviewed the responses and is recommending British Landing Enterprises, Inc. be awarded the contract for First Street Beach. MOTION by Grabowski, second by Martin Pontiac to enter into a contract with British Landing Enterprises, Inc. to operate the First Street beach house concession stand and authorize the Mayor and City Clerk to execute the agreement. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF AWARDING A CONSTRUCTION CONTRACT FOR LAKESHORE DRIVE IMPROVEMENTS The City is capitalizing on development efforts at First Street Beach. Brownfield funds, developer contributions and ARPA proceeds are proposed to repave and add parking spaces around the beach loop. The project was publicly bid with one bid being received. MOTION by Beaton, second by Lundberg to approve the low bid of $675,897.95 from Elmer’s Crane and Dozer Inc. and authorize the Mayor and City Clerk to execute the documents. With a roll call vote this motion passed unanimously. | Page 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF AUTHORIZING THE PURCHASE OF PARKS EQUIPMENT AND REFUSE CONTAINERS The City has prepared a large purchase of parks equipment to support several park improvement projects. The projects include the Disc Golf Course, Riverwalk, First Street Beach, Duffy Park, Sands Park and Morton Park. Items are split between two venders, Sinclair Recreation (MiDeal pricing) and Trashcans Warehouse. MOTION by Bachman, second by Grabowski to approve the purchase of parks equipment and refuse containers in the amount of $132,922.11. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF DISTRIBUTING AN ESTATE GIFT FOR THE RAMSDELL THEATRE IN THE AMOUNT OF $31,700 TO THE RAMSDELL REGIONAL CENTER FOR THE ARTS TO IMPROVE AND MAINTAIN THE THEATRE THROUGH A LIGHTING SYSTEM UPGRADE, AND OTHER UPGRADES IN THE THEATRE The City received an estate gift for the Ramsdell Theatre from Alice Hendricks. The Ramsdell Regional Center for the Arts has identified a lighting upgrade project that would be an appropriate use for these funds. It has requested that these funds be released to them to help fund the project and other theatre improvements. MOTION by Pratt, second by Lundberg to approve the distribution of the estate gift for the Ramsdell Theatre in an amount of $31,700 to the Ramsdell Regional Center for the Arts to be used to improve and maintain the Theatre through a lighting system upgrade, and other upgrades in the Theatre. With a roll call vote this motion passed, 6-1. AYES: Bachman, Beaton, Lundberg, Sullivan, Grabowski, and Martin Pontiac NAYS: Pratt CONSIDERATION OF BYLAWS FOR THE NEIGHBORHOOD RESTORATION AND BEAUTIFICATION COMMISSION (NRBC) The NRBC is asking for the approval of their bylaws that were drafted by the City Attorney and approved by the NRBC at their regular meeting on March 13, 2023. MOTION by Bachman, second by Lundberg to approve the bylaws of the NRBC commission. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None | Page 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 CONSIDERATION OF A STREET VACATION REQUEST A street vacation request was received from the owner of the property at 114 Pine Street, 51-51-349-713- 07, for a portion of second Street which abuts to the requestor’s property. After further review by staff, it is recommended to vacate the portion north of the sidewalk to the requestor. MOTION by Beaton, second by Lundberg to approve the modified Street Vacation Request. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF PORTAGE POINT RENTALS LLC TO RECEIVE APPROVAL FOR A SOCIAL DISTRICT PERMIT The Downtown Development Authority (DDA) would like to request support and approval for Portage Point Rentals LLC (dba The Golden Stag) to receive a Social District permit. This will allow Portage Point Rentals LLC the sale of adult beverages that can be consumed in the identified social district area. Portage Point Rentals LLC will operate the renovated restaurant space at 318 River Street, formerly operated as The Fillmore. Michigan Liquor Control Commission (MLCC) is requesting City Council approval, even though this is a license transfer. MLCC needs this resolution to advance their approval for restaurant inclusion in the social district. MOTION by Pratt, second by Grabowski to support and approve of the resolution for Portage Point Rentals LLC 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 APPLICATIONS TO BOARDS AND COMMISSIONS The City Clerk has taken action to advertise vacancies on Board of Review, 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 Tree Commission – Three vacancies – one (1) term ending 12/31/24 and two (2) terms ending 12/31/25. Purpose: Oversees public (parks/boulevards) tree program. Mayoral appointment. *Dennis Otto – 333 Fifth Street | Page 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – MARCH 21, 2023 Mayor Sullivan appointed Dennis Otto, 333 Fifth Street to the Tree Commission term ending 12/31/25. MOTION by Pratt, second by Martin Pontiac to support Mayor Sullivan’s appointment of Dennis Otto to the Tree Commission term ending 12/31/25. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None A REPORT FROM THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT Chief Josh Glass reported on the activities of the Police Department and responded to questions the Council had regarding their activities. Chief Mark Cameron reported on the activities of the Fire Department and responded to questions the Council had regarding their activities. CITIZEN COMMENT No comments received. OFFICIALS AND STAFF Gambill provided updates. COUNCILMEMBERS Pratt, Beaton, Martin Pontiac, Grabowski, and Sullivan provided comments. ADJOURN MOTION by Pratt to adjourn the meeting at 8:41 p.m. Heather Pefley, CMC / MiPMC City Clerk | Page 7