City Council

480 PROCEEDINGS OF THE MANISTEE CITY COUNCIL— MAY 3, 2023 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Jermaine Sullivan on Wednesday, May 3, 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, Jermaine Sullivan, James Grabowski, and Erin Martin Pontiac ABSENT: Cindy Lundberg and Seth Pratt ALSO PRESENT: City Manager — Bill Gambill, City Attorney —George Saylor, City Clerk — Heather Pefley, DPW Director — Jeff Mikula, Finance Director — Edward Bradford, Police Chief— Josh Glass, Interim Deputy Fire Chief— Chris Jeffries, and City Engineer — Shawn Middleton Mayor Sullivan moved considerations of the resolutions of thanks and appreciation to the beginning of the meeting out of consideration of the family members in attendance at the meeting. CONSIDERATION OF A RESOLUTION OF THANKS AND APPRECIATION MOTION by Beaton, second by Bachman to adopt a resolution of thanks and appreciation in honor of Sid Scrimger. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A RESOLUTION OF THANKS AND APPRECIATION MOTION by Grabowski, second by Martin Pontiac to adopt a resolution of thanks and appreciation in honor of Art Anderson. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CITIZEN COMMENTS ON AGENDA RELATED ITEMS Comments provided by: Gini Pelton, 329 First Avenue Linda Albee, 365 Lighthouse Way S. Bob Armstrong, 3730 Lakeshore Road LouAnn Dishman, 368 Second Street Ramona DeGeorgio —Venegas, 705 Locust Street Jackie Karnisz, 9221 Guenthardt Road Deb Green, 300 Spruce Street Nanci Swenson, 11900 Morton Road James Taylor III, 237 Sixth Avenue Roberta Huff, 301 Century Terrace Al Frye, 2264 Merkey Road CONSENT AGENDA Minutes April 18, 2023 Regular Meeting Financial Reports Cash Balances March 2023 Revenue & Expenses March 2023 Quarterly Financial Update Quarter Investment Report Page 1  481 PROCEEDINGS OF THE MANISTEE CITY COUNCIL - MAY 3, 2023 Consideration of Ordinance Z23- 01 text amendments to zoning ordinance - Ordinance Z23- 01 includes language to amend the Zoning Ordinance to allow for the use of Feather Flags for up to sixty ( 60) consecutive days with the opening of a new business. Currently, Feather Flags are not identified as an allowable type of signage in the Zoning Ordinance and are therefore not allowed. The Planning Commission voted to recommend approval of this amendment. As an ordinance two separate readings are required. This ordinance was introduced at the April 18, 2023, meeting and could be adopted at this time. Consideration of the American Legion Auxiliary poppy distribution - In honor of the United States of America Veterans, the American Legion Auxiliary is requesting permission to distribute American Legion Poppies in the City of Manistee during Tight Lines for Troops, May 19- 21, 2023, and at various locations over the Memorial Day holiday weekend. Notification Regarding Next Study Session — for Tuesday, May 23, 2023, at 7: 00 p. m. A discussion will be conducted on Parks Commission by- laws and the Housing Commission; and such business as may come before Council. MOTION by Beaton, second by Grabowski to approve the Consent Agenda as presented. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF ADOPTING THE 2023- 2024 BUDGET AND CAPITAL IMPROVEMENT PLAN AND APPROVING THE DOWNTOWN DEVELOPMENT AUTHORITY PROPOSED BUDGET FOR FISCAL YEAR 2023- 2024 Under Section 7- 4 of the Charter, the annual budget must be adopted before May 15 of each year. The budget has been subject to multiple study sessions and a public hearing. Additionally, the City of Manistee is required by state statute to approve the budget of the Downtown Development Authority ( DDA) before it can be adopted by the Downtown Development Board. The DDA' s proposed budget was presented to City Council at the April 4, 2023, City Council regular meeting. If approved by Council, the Downtown Development Authority Board must still hold a public hearing on their budget and vote to adopt it. MOTION by Beaton, second by Martin Pontiac to adopt a resolution approving the 2023- 2024 Budget and Capital Improvement Plan and approve the Downtown Development Authority' s proposed budget for Fiscal Year 2023- 2024. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF PURCHASING A TRACTOR FOR BEACH CLEANING The City of Manistee has leased a tractor for the past 5 years to clean the beaches at First Street and Fifth Avenue. Due to production delays caused during the pandemic, leasing a tractor is currently not an option. Freeman Creek Equipment in Free Soil has a unit meeting the City' s minimum specifications. The purchase of the tractor has been proposed in the Fiscal Year 2024 budget. Approving the purchase at this time will secure the unit and allow the City to begin grooming the beaches in late May. MOTION by Beaton, second by Martin Pontiac to approve the purchase of a 70 hp Kubota tractor at the Sourcewell contract price of$ 57, 235. 19 from Freeman Creek Equipment. With a roll call vote this motion passed unanimously. Page 2 482 PROCEEDINGS OF THE MANISTEE CITY COUNCIL— MAY 3, 2023 AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF BRITISH LANDING ENTERPRISES LLC LOCAL GOVERNMENT LIQUOR LICENSE APPROVAL British Enterprises LLC is requesting a local government approval to apply to the Michigan Liquor Control Commission ( MLCC) for the following licenses: Class C Liquor, Specially Designated Merchant, Sunday Sales AM & PM, Outdoor Service Authorization, Entertainment Permit and Catering for the First Street Beach concession. NO MOTION CONSIDERATION OF THE HISTORIC VOGUE THEATER TO RECEIVE APPROVAL FOR A SOCIAL DISTRICT PERMIT The Downtown Development Authority ( DDA) would like to request support and approval for the Vogue Theater to receive a Social District permit. This will allow the Vogue Theater to sell alcoholic beverages that can be consumed in the identified Social District area. MOTION by Beaton, second by Martin Pontiac to support and approve the resolution for a Social District Permit for the Historic Vogue Theater. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF COMMISSION APPOINTMENT The Housing Commission has taken action to advertise among their residents the one resident vacancy, five- year term ending 5/ 31/ 28. This is a mayoral appointment which requires a motion, second and Council voted support. The following applications have been received: James E. Taylor III — 237 Sixth Avenue # 325 Cruz Vasquez— 237 Sixth Avenue # 425 Glenn Gibbs— 1719 % Vine Street Roberta Huff— 237 Sixth Avenue # 301 Lisa Smith —237 Sixth Avenue # 119 Deborah Kaiser— 237 Sixth Avenue # 508 Mayor Sullivan appointed James E. Taylor III, 237 Sixth Avenue# 325 to the City of Manistee Housing Commission for a five- year term ending 5/ 31/ 28. MOTION by Beaton, second by Bachman to support Mayor Sullivan' s appointment of James E. Taylor III, 237 Sixth Avenue # 325 to the City of Manistee Housing Commission for a 5 year-term ending 5/ 31/ 28. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS The City Clerk has taken action to advertise vacancies on the Board of Review, Compensation Commission, Harbor Commission, PEG Commission, Tree Commission, and Board of Review. Page 3  483 PROCEEDINGS OF THE MANISTEE CITY COUNCIL - MAY 3, 2023 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) alternate term ending 12/ 31/ 23, and one ( 1) alternate term ending 12/ 31/ 25; Applicants must 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. Judianne L. Sibley— 241 Hughes Street Beaton nominated Judianne L. Sibley, 240 Hughes Street as an alternate member on the Board of Review with a term ending 12/ 31/ 25. With a roll call vote this nomination passed unanimously. AYES: Bachman, Beaton, Sullivan, Grabowski, and Martin Pontiac NAYS: None DISCUSSION ON RAMSDELL AND COMMUNITY POOL AGREEMENTS Ramsdell discussion included: Budget review Board members Staffing Utility usage before, during, and after COVID shutdown Update to agreement— 7( b) Future study session discussion with RRCA board members Community Pool discussion included: Terms of current agreement/ 5 year with automatic 5 year renewal 40, 000/ year No changes can be made to the current agreement without mutual consent Council would like to see an updated pool use report With no further comments from Council, Mayor Sullivan concluded the discussion. CITIZEN COMMENT No comments received. OFFICIALS AND STAFF Gambill and Jeffries provided comments. COUNCILMEMBERS Bachman, Beaton, and Grabowski provided comments. ADJOURN MOTION by Beaton to adjourn the meeting at 8: 08 p. m. Heather Pefley, CMC/ MI MC City Clerk Page 4