City Council

PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 20, 2023 A regular meeting of the Manistee City Council was called to order by her honor, Mayor Jermaine Sullivan on Tuesday, June 20, 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, City Assessor – Molly Whetstone, Finance Director – Edward Bradford, Police Chief – Josh Glass, Fire Chief – Tom Hernden, and City Engineer – Shawn Middleton CITIZEN COMMENTS ON AGENDA RELATED ITEMS Comments provided by: - Jamil Alam, Portage Point Rentals LLC - Jamieson Hanna, owner Third Life Brewing CONSENT AGENDA • Minutes June 6, 2023 Regular Meeting • Financial Reports Payroll May 2023 Invoices May 2023 • Consideration of Zoning Ordinance Z23-02. • Consideration of ribbons for suicide prevention and awareness. MOTION by Grabowski, second by Martin Pontiac 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 CONSIDERATION OF BUDGET AMENDMENT 2023-2 FOR FISCAL YEAR END JUNE 30, 2023. The City of Manistee is required by State law to ensure that actual expenditures do not exceed budgeted amounts. Over the course of the current fiscal year, unanticipated and unbudgeted events and\or Council approved expenditures have occurred. The proposed budget amendment addresses expenditures associated with these events to ensure compliance with State statutes regarding appropriations. | Page 1  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 20, 2023 MOTION by Lundberg, second by Bachman to adopt budget amendment 2023-2 for fiscal year ending June 30, 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 COLLECTIVE BARGAINING AGREEMENT WITH UNITED STEEL WORKERS. A tentative agreement for a new three-year United Steel Workers contract was reached. The Department of Public Works employees, represented by the United Steel Workers, ratified the tentative agreement. MOTION by Pratt, second by Grabowski to approve a three-year collective bargaining agreement with the United Steelworkers; 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 PORTAGE POINT RENTALS, LLC TO OPERATE THE FIRST STREET BEACH HOUSE CONCESSION STAND. The City issued a Request for Proposals to operate the beach house concession stand. A subcommittee of the Parks Commission reviewed the responses and is recommending Portage Point Rentals, LLC be awarded the contract for First Street beach house concessions. MOTION by Pratt, second by Martin Pontiac to enter into a contract with Portage Point Rentals, LLC 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 EXPANDING THE SOCIAL DISTRICT. The Downtown Development Authority (DDA) would like to request the expansion of the existing social district. This area will allow for more establishments and restaurants to be contiguous to the identified social district and to apply for a special license to allow for the sale of alcoholic beverages that can be consumed in the identified social district area. MOTION by Martin Pontiac, second by Lundberg to support and approve the expansion of the existing | Page 2  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 20, 2023 Social District. With a roll call vote this motion passed, 5-2 vote. AYES: Bachman, Lundberg, Sullivan, Grabowski, and Martin Pontiac NAYS: Beaton, and Pratt CONSIDERATION OF TRIM FOR VIEW POLICY. At the June 12, 2023, Tree Commission meeting, the Tree Commission passed a motion to recommend a Trim for View Policy. Ordinance 1026.10 asserts rules regarding tree trimming are subject to Council approval. MOTION by Bachman, second by Grabowski to support the adoption of a Trim for View Policy as recommended by the Tree Commission. MOTION by Bachman, second by Pratt to AMEND the original Motion removing from the proposed Trim for View Policy the requirements of Section 1)b) and 1)b)1. With a roll call vote this motion to AMEND the original motion failed, 3-4 vote. AYES: Bachman, Pratt, and Grabowski NAYS: Beaton, Lundberg, Sullivan, and Martin Pontiac With a roll call vote the original motion failed, 2-5 vote. AYES: Bachman and Lundberg NAYS: Beaton, Sullivan, Pratt, Grabowski, and Martin Pontiac A REPORT FROM THE FINANCE DIRECTOR, BROWNFIELD REDEVELOPMENT AUTHORITY, AND OIL AND GAS INVESTMENT BOARD. Mr. Ed Bradford reported on the activities of the Treasurer’s Office, Brownfield Redevelopment Authority, and Oil and Gas Investment Board and responded to any questions the Council had regarding their activities. TOURISM PRESENTATION Sammie Lukaskiewicz, Executive Director, Manistee County Tourism Authority gave a presentation on the new rebranding and marketing campaign for the Tourism Authority and responded to any questions the Council had regarding their initiatives. CITIZEN COMMENT Comments provided by: - Sarah Harless, Fifth Street | Page 3  PROCEEDINGS OF THE MANISTEE CITY COUNCIL – JUNE 20, 2023 OFFICIALS AND STAFF Gambill and Glass provided updates. COUNCILMEMBERS Pratt, Grabowski, Martin Pontiac, Bachman, Beaton, Lundberg, and Sullivan provided comments. CONSIDERATION OF A CLOSED SESSION, PENDING LITIGATION AND POTENTIAL SETTLEMENT. City Attorney George Saylor recommends a Closed Session this evening to discuss pending litigation and a potential settlement regarding Shattuck v City of Manistee, as permitted by Section 8(e) of the Michigan Open Meetings Act. Pursuant to MCL 15.267 a two-thirds role call vote of the members elected (5) is required for this closed session. MOTION by Beaton, second by Pratt to proceed to Closed Session as permitted by the Michigan Open Meetings Act, Section 8(e). Time: 8:22 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 8:31 p.m. CONSIDERATION OF A MEDIATOR PROPOSED SETTLEMENT FOR SHATTUCK V CITY OF MANISTEE LAWSUIT. MOTION by Pratt second by Grabowski to accept the proposed settlement of $83,000 for the Shattuck v City of Manistee lawsuit. With a roll call vote this motion passed unanimously. AYES: Bachman, Beaton, Lundberg, Sullivan, Pratt, Grabowski, and Martin Pontiac NAYS: None ADJOURN MOTION by Pratt to adjourn the meeting at 8:32 p.m. Heather Pefley, CMC / MiPMC City Clerk | Page 4