City Council

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Jermaine Sullivan on Tuesday, June 6, 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, DPW Director – Jeff Mikula, Finance Director – Edward Bradford, Planning & Zoning Administrator – Katie Mehl, Police Chief – Josh Glass, Interim Deputy Fire Chief – Chris Jeffries, and City Engineer – Shawn Middleton AMEND AGENDA MOTION by Beaton, second by Pratt to amend the agenda to add item VIII. New Business i.), Consideration of a Resolution Authorizing a Claim for the Protecting Mi Pension Grant. 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 Comments provided by: - Liz Laskey – Parks Commission Chair - James Smith – 353 1st Street CONSENT AGENDA • Minutes May 16, 2023 Regular Meeting • Financial Reports Cash Balances April 2023 Revenue & Expenses April 2023 • Consideration of a temporary activity permit for signage at polling locations during elections • Consideration of Manistee High School Homecoming Parade MOTION by Grabowski, second by Pratt to approve the Consent Agenda as presented. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF ZONING ORDINANCE Z23-02 The Planning Commission has drafted language to the Zoning Ordinance to reference the Historic District Commission Guidelines #2 – Signage, within the City of Manistee Zoning Ordinance in Article 15:C-3 Central Business District and Article 21: Signs. The Planning Commission voted to recommend approval of this amendment. 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. MOTION by Beaton, second by Grabowski to introduce Zoning Ordinance Z23-02. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF THE CITY OF MANISTEE PLANNING COMMISSON BYLAW AMENDMENTS The proposed amendment to the bylaws addresses the recommendations from the Boards and Commissions Training Strategy, provided by the RRC. This amendment also includes adding Conflicts of Interest, Correspondence, and Presentation/Speaker to 3.9 Order of Business due to the Planning Commission having these as regular agenda items at each meeting. MOTION by Beaton, second by Pratt to approve the proposed Planning Commission bylaw amendment. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF THE CITY OF MANISTEE HISTORIC DISTRICT COMMISSON BYLAW AMENDMENTS The proposed amendment to the bylaws addresses the recommendations from the Boards and Commissions Training Strategy, provided by the RRC. This amendment also includes adding Conflicts of Interest to 3.7 Order of Business due to the Historic District Commission having this as a regular agenda item at each meeting. | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 MOTION by Pratt, second by Martin Pontiac to approve the proposed Historic District Commission bylaw amendment. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF THE CITY OF MANISTEE ZONING BOARD OF APPEALS BYLAW AMENDMENTS The proposed amendment to the bylaws addresses the recommendations from the Boards and Commissions Training Strategy, provided by the RRC. This amendment also includes adding Conflicts of Interest to 3.10 Order of Business to keep consistent with the Planning Commission and Historic District Commission who have this as a standing agenda item each meeting. MOTION by Beaton, second by Bachman to approve the proposed Zoning Board of Appeals bylaw amendment. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF PARKS COMMISSION BYLAW REVISIONS Each year the Parks Commission reviews and approves or recommends revisions to its bylaws; this year the Commission recommended several changes. After being presented to Council on April 18, 2023, and being moved to a later meeting for further discussion, the Parks Commission made additional changes at the request of Council. The City Attorney has reviewed all revisions. MOTION by Bachman, second by Beaton to approve the update to the Parks Commission bylaws. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A 2024 CATEGORY B GRANT APPLICATION The Michigan Department of Transportation notified the City of a grant program that has been created to assist with paving streets for communities with populations of less than 10,000. The maximum grant amount is $250,000 with a 50/50 match. The City has identified eligible street segments with proposed utility work already scheduled in the City’s Transportation Improvement | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 Program for 2024 construction and will utilize the project as match money. The City has currently budgeted for the full amount of the 2024 project with City funds or by other funding sources. The grant application is for $250,000 and would help to reduce 2024 road improvement costs from City funds. MOTION by Pratt, second by Martin Pontiac to adopt a resolution authorizing Jeffrey W. Mikula to act as agent on behalf of the City and sign the project agreement; commits the City to providing funding for the portion of the 2024 Street Improvement project for Lincoln Street that would not be covered by the grant or by other funding; and commits the City to a maintenance program for design life of the facilities constructed. MOTION by Bachman, second by Beaton to AMEND the original motion to authorize the City Manager and Jeffrey W. Mikula as the street administrator to sign the project agreement. With a roll call vote this motion to AMEND the original motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None With a roll call vote the original motion as amended passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None 2023-2024 FISCAL YEAR BUDGET AMENDMENT REQUEST Mayor Jermaine Sullivan, supported by Mayor Pro-Tem James Grabowski, have requested to amend the 2023-2024 Fiscal Year Budget to eliminate the Community Survey, allotting the $20,000 to Building Maintenance instead. MOTION by Martin Pontiac, second by Grabowski to approve the budget amendment request and allocate $20,000 to the Building Maintenance Repair Budget, eliminating the Community Survey in the 2023-2024 Fiscal Year Budget. With a roll call vote this motion passed, 6-1 vote. AYES: Bachman, Beaton, Lundberg, Sullivan, Grabowski, and Martin Pontiac NAYS: Pratt CONSIDERATION OF APPLICATIONS TO BOARDS AND COMMISSIONS The City Clerk has taken action to advertise vacancies on the Board of Review, Brownfield Redevelopment Authority, Compensation Commission, Downtown Development Authority, Harbor Commission, Housing Commission, Neighborhood Restoration and Beautification | Page 4  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 Commission, Parks Commission, PEG Commission, Tree Commission, and the Zoning Board of Appeals. 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 the majority support. The following applications have been received: *Incumbent Brownfield Redevelopment Authority – One vacancy, term ending 06/30/26. Applicants must be City resident or person with interest in property in the City. Purpose: promote revitalization of environmentally distressed and functionally obsolete areas. Mayoral appointment. *Roger Yoder – 225 Seventh Street Alec Omell – 419 Fifth Street Mayor Sullivan appointed Roger Yoder, 225 Seventh Street to the Brownfield Redevelopment Authority term ending 06/30/26. MOTION by Beaton, second by Pratt to support Mayor Sullivan’s appointment of Roger Yoder to the Brownfield Redevelopment Authority term ending 06/30/26. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Downtown Development Authority – Two vacancies, one (1) at large member, term ending 06/30/27 and one (1) interest member, term ending 06/30/27. Purpose: Central Business District and Tax Increment Financing Authority. City Manager appointment. Lindsey Swidorski – 2797 W. Fox Farm Road Tyler Leppanen – 105 Pine Street Mark Troast – 1131 Iroquois Drive SE, Grand Rapids *Tamara DePonio – 387 River Street City Manager William Gambill appointed Lindsey Swidorski, 2797 W. Fox Farm Road to the Downtown Development Authority as an at large member term ending 06/30/27. MOTION by Sullivan, second by Lundberg to support Manager Gambill’s appointment of Lindsey | Page 5  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 Swidorski to the Downtown Development Authority as an at large member term ending 06/30/27. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None City Manager William Gambill appointed Tyler Leppanen, 105 Pine Street to the Downtown Development Authority as an interest member term ending 06/30/27. MOTION by Sullivan, second by Lundberg to support Manager Gambill’s appointment of Tyler Leppanen to the Downtown Development Authority as an interest member term ending 06/30/27. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Housing Commission – One vacancy, term ending on 05/31/28. Purpose: Oversees Senior/Low Income Housing. Mayoral appointment. *Steve Fosdick – 5033 Kenny Road Mayor Sullivan appointed Steve Fosdick, 5033 Kenny Road to the Housing Commission term ending 05/31/28. MOTION by Pratt, second by Beaton to support Mayor Sullivan’s appointment of Steve Fosdick to the Housing Commission term ending 05/31/28. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Parks Commission – Four vacancies, three (3) terms ending 06/30/26 and one (1) term ending 06/30/25. 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 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. *Karin Maue – 536 Fourth Street *John Veach – 485 Oxford Court | Page 6  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 *Karen Peltola – 264 First Avenue *Kelly Greve – 606 Broad Avenue Mayor Sullivan appointed Karin Maue, 536 Fourth Street to the Parks Commission term ending 06/30/26. MOTION by Pratt, second by Beaton to support Mayor Sullivan’s appointment of Karin Maue to the Parks Commission term ending 06/30/26. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Mayor Sullivan appointed John Veach, 485 Oxford Court to the Parks Commission term ending 06/30/26. MOTION by Beaton, second by Lundberg to support Mayor Sullivan’s appointment of John Veach to the Parks Commission term ending 06/30/26. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Mayor Sullivan appointed Karen Peltola, 264 First Avenue to the Parks Commission term ending 06/30/26. MOTION by Beaton, second by Pratt to support Mayor Sullivan’s appointment of Karen Peltola to the Parks Commission term ending 06/30/26. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Mayor Sullivan appointed Kelly Greve, 606 Broad Avenue to the Parks Commission term ending 06/30/25. MOTION by Lundberg, second by Grabowski to support Mayor Sullivan’s appointment of Kelly Greve to the Parks Commission term ending 06/30/25. With a roll call vote this motion passed unanimously. | Page 7  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None CONSIDERATION OF A RESOLUTION AUTHORIZING A CLAIM FOR THE PROTECTING MI PENSION GRANT. The Protecting MI Pension Program was created to help Michigan’s underfunded municipal pension systems. Under the Fiscal Year 2022-23 budget, the Michigan Department of Treasury was appropriated $750 million to establish and operate a local unit municipal pension principal payment grant. This resolution authorizes but does not require the City to apply for the grant. The City will continue to research the grant requirements and dialogue with the Treasury prior to the grant application deadline date of June 15, 2023. MOTION by Bachman, second by Pratt to adopt the resolution authorizing a claim for the Protecting MI Pension Grant. 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 DEPARTMENT OF PUBLIC WORKS Mr. Jeff Mikula reported on the activities of the Department of Public Works and responded to questions Council had regarding their activities. UPDATE ON THE GATEWAY PROJECT T. Eftaxiadis of Little River Holdings LLC provided an update on the Gateway Project and responded to questions Council had regarding the project. UPDATE ON THE CITY OF MANISTEE HOUSING COMMISSION REHABILITATION PROJECT Jonathan Nesburg of Commonwealth Development Corporation provided an update on the City of Manistee Housing Commission Rehabilitation Project and responded to questions from Council. CITIZEN COMMENT No comments received. OFFICIALS AND STAFF Gambill provided updates. | Page 8  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 6, 2023 COUNCILMEMBERS Pratt, Grabowski, Martin Pontiac, Bachman, Beaton, and Lundberg provided comments. CONSIDERATION OF A CLOSED SESSION, ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Request to convene a closed session pursuant to the Open Meetings Act, PA 267 of 1976, pursuant to MCL 15.268(1)(h) to discuss attorney-client privileged communication dated May 31, 2023, regarding the City of Manistee Housing Commission. MOTION by Pratt, second by Grabowski to proceed to Closed Session under Section 1 (h) of the Michigan Open Meetings Act. Time 8:58 p.m. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None Return to open meeting at 9:47 p.m. ADJOURN MOTION by Lundberg, second by Pratt to adjourn the meeting at 9:47 p.m. Heather Pefley, CMC / MiPMC City Clerk | Page 9