City Council - Regular Meeting

I'll be out of service 55. I think Sarah set this up. Job security.

This is your prep time, Chief. I could have used it to wisely.

It's showing its live stream, so you should be good to go. You're showing us live right now. Live screen. There we go. Okay. Yeah. Okay. Sorry about that.

Oh, good. Thank you. Okay. So, the first two citizen awards, um, the the recipients couldn't make it. So, um, I'm going to do theirs first. They still deserve the recognition of me reading this to everyone. Um, however, they either are out of the area or have prior commitments. So, the first citizen award is uh, Eric Kennedy. On June 25th, 2025, at approximately 7 PM, an adult male was picking up supplies for his employer behind a local business. While this subject was loading sheets of steel into a flatbed trailer by himself, the decking under him gave way, causing the male to fall onto a piece of jagged 2x6. This caused a large penetrating wound into the man's upper thigh. The man miraculously pulled himself off the impalement. however, began experience severe blood loss from a possible artery bleed. The injured man was able to get to the cab of his truck and call for help. However, he then observed another truck pull into the parking lot, which was driven by Eric Kennedy. Eric was checking on a cement job he had done for the business earlier in that day. The injured man began honking his horn repeatedly to get Kennedy's attention. Kennedy went over to the man's truck and immediately began applying intense direct pressure over the wound while helping the patient keep his leg elevated until help arrived. While Kennedy continued to maintain pressure on the wound, a responding public safety officer applied a tourniquet to stop the bleeding. Patient was then turned over to EMS for treatment and transported to McLaren Northern Michigan Hospital where he successfully survived the event. For Mr. Kennedy's selfless actions on this day in which he potentially saved another man's life is hereby awarded a citizens award.

Next is a citizens award uh recipients Prudence Whistle, Karen Dant, and Tamara Emmens. On July 8th, 2025, at approximately 4:05 p.m., officers and EMS were dispatched to the bike path near Townline Road for a report of a bicless bicyclist down and CPR in progress. Upon arrival, medical staff observed the three ladies who I just mentioned performing CPR on the unresponsive patient. It was later learned that Prudence, Karen, and Tamara were biking when they came upon a bic bike bicyclist down. The three ladies acted promptly and proceeded to conduct CPR and call 911. This is a textbook response. EMS staff was able to regain the patients pulse and the subject was transported to the emergency room for advanced care. Unfortunately, the suspect passed several days later due to the cardiac event. However, the family was extremely thankful for the opportunity to save their goodbyes. For their efforts on this day, Prudence Whistle, Karen Deart, and Tamara Emmens deserve recognition for their efforts and are hereby awarded a citizens award.

Uh, next citizen award is Tony Presley. Is Tony able to make it today? Come on forward here, sir. I'll stand up here.

Okay.

Okay. On May 5th, 2025, Mr. Presley was driving his infant daughter around in his vehicle, waiting to pick up his wife from her shift at McLaren Hospital. Mr. Presley drove by Kaufman's furniture store and observed a male on the ground tangled up in his ebike. Unbeknownst to Mr. Presley, Mr. Bradford Fleming had wanted to take an evening bike ride and had left his apartment riding toward Bay Harbor. Mr. Fleming struck a small culvert uh concrete culvert and flipped over his handlebars, breaking his C3 vertebrae, causing him to have paralysis. Mr. Mr. Fleming reported he had been in that spot for over two hours until Mr. Presley came by and summoned help. Mr. Presley stayed with Mr. Fleming until medical staff arrived, providing comfort and reassurance that help was on the way. EMTT EMS and Paskki DPS officers arrived and took over medical care of Mr. Fleming. EMS protocol for a spinal emergency began on scene and continued at the McLaren Emergency Department. Mr. Fleming's care was transferred to a downstate hospital where he spent several months in rehab, learning to walk and care for himself again. Mr. Presley's alertness and actions on this night may just have saved Mr. Fleming's life. For this, Mr. Presley deserves recognition and is hereby awarded the Citizen Award. Next is a public safety commendation to

officer Frederick. Hell, you don't get to stay in the back there. On September 17th, 2025, at approximately 11:42 a.m., officers were dispatched to McLaren Northern Michigan Hospital Emergency Department for a male patient that had damaged a room and was currently crawling around in the ceiling. Upon arrival, Officer Hulk identified himself as a police officer and yelled for the patient to come down from the ceiling. The patient refused and began breaking through a drywall barrier in the ceiling and made his way further down the hallway. Officer Hulk climbed up into the ceiling and began pursuing the male patient. Officer Hulk had to navigate his way through a maze of water drainage piping, air handling, duct work, and power lines. Ultimately, Officer Hulk was able to catch up to the patient and now or who was now completely naked. The patient acknowledged that PSO Hulk had obviously not going to give up his pursuits and made this decision to give up. The patient was assisted down a ladder, handcuffed, and returned to a more secure room within the emergency department. PSO Hel risked his own safety to resolve this rapidly evolving incident. For these actions, PSO Hel is awarded public safety commendation. We are yet to send them a bill for the cleaning of the duct work.

This is a public safety accommodation to PSO Hunter Arnold and PSO Alexis Steel. And I believe Officer Hunter might be Oh, is he? He's still on the call. Yeah.

Okay. Maybe we move to the next one and come right back to this one. That's I'd like him to receive it. Sorry, Lexi. This is a uh life-saving award. Um, former Lieutenant Michael Parker, Cadet Kaylin Matowski, EMS staff Kelvin Penfold, Joel Belling, Ben Sloum, and Aaron Maltby. On June 22nd, 2025, at approximately 9:20 p.m., officers were dispatched to a residence on Jefferson Street for a person not breathing. Upon arrival, the patient's wife directed the officers to the bedroom where the patient was found unresponsive. Officers immediately carried the patient to the floor and started CPR. An AED was applied and an EL airway was inserted. Several shocks from the AED were delivered. Short time later, EMS crews arrived on scene and assisted with life-saving care. Due to the cooperation between public safety officers and EMTT EMS, the patient regained a pulse. The patient was transported to emergency department at McLaren Northern Michigan Hospital for advanced care. We were advised that later after a short stay, the subject made a full recovery. For their combined efforts on this day, which resulted in a life spared, public safety staff and EMTT County EMS awarded a life savings award. We'll go back to the public safety

accommodation now that uh Officer Arnold made it. back to Officer Hunter Arnold and Officer Alexis Steel. On June 5th, 2025, at approximately 5:29 p.m., Officer Steel was dispatched to a driving complaint in the area of McDonald South. The reporting party witnessed a possible intoxicated driver in the area and provided a vehicle description. Officer Steel located the vehicle parked within the area and found two suspects subjects standing outside the vehicle with the hatch up. Officer Steel made contact with the two subjects who behaved in a manner that raised Officer Steel's suspicion of narcotic use. Officer Arnold, who is a licensed drug recognition expert, arrived on scene and confirmed these suspicions as well. Consent to search the vehicle was provided by the vehicle owner and officers ended up seizing more than $900 in cash along with nine different types of controlled substances. These substances included LSD, cocaine, oxycodone, fentanyl, and Xanax, just to name a few. These officers utilize their training and experience to make one of the largest drug seizures in this department's history. For these efforts efforts, PSL Arnold and Officer Steel are hereby awarded public safety commendation. This is a life savings award to

Lieutenant Matt McCowski, Lieutenant William Bowen, and PSO Adam Climza. It wasn't a foot pursuit. On March 19, 2025, at approximately 1:32 p.m., officers were dispatched to an address on EMTT Street for a report of a male believed to be unresponsive in the bathroom. Upon arrival, Lieutenant Bowen attempted verbal contact with the male through the door, however, was unsuccessful. Lieutenant Bowen forcefully removed the door from its hinges and found the patient unresponsive and not breathing. Lieutenant Bowen observed drug paraphernalia to which included an uncapped needle located in the vicinity of the patient. One dose of Nlloxxone nasal spray was administered. Bag valve mass was utilized in order to assist the patients respiration function. Short time later, the patient regained consciousness and became alert and oriented. The patient was then transported to McLaren Northern Michigan emergency department for advanced care. The swift actions of Lieutenant Bowen and the teamwork amongst officers provided a favorable outcome for this patient. For these actions, Lieutenant Makowski, Lieutenant Bowen, and PSO Adam Climsa are hereby awarded life savings award. This should take the bulk of it.

Okay, this is a public safety citation for Lieutenant David Schultz, Officer Adam Climsa, Firefighter Cameron Weise, Lieutenant uh Fuller Cowell, Sergeant Cole Brady, Sergeant Alex Babcock, Deputy Jesse Shaw. Come on up when you hear your name. Uh, corrections officer Noah Goiaak, Deputy Mark Hazen, Trooper Patrick Harrington, tribal officer Jake Ghart.

For this large group, it had to be a large incident. On March 30, 2025, at approximately 11:04 p.m., officers received information that McLaren Northern Michigan Hospital generator had failed due to a faulty fuel valve, and doctors and nurses were attempted to care for patients on limited battery power. Officers began compiling a plan to provide temporary power until the generator could be restored. officers jumped into action by rounding up supplies such as flashlights, uh, handheld radios, and generators. Meanwhile, the uh, MSP officers responded to Walmart and demanded the employees open the doors so they could purchase extension cords with their own funds. Other officers keyed into our city DPW to grab other necessity, necessary supplies to provide power. Several generators were located by local officers to which the nurses placed outside the ICU. The generators were used to power the machines necessary to keep patients alive. Knowing there might be a delay in power, officers began calling offduty personnel to respond from their home in case more hands were needed for life-saving efforts. Eventually, 100 gallons of fuel, which was meant for the city of Paskky's wastewater plant generators, was rerouted to the hospital in order to restore the generator. While officers and hospital staff worked with their iPhone flashlights to provide patient care, power was ultimately restored through the generator fuel supply. The quick actions taken by these officers during these emergent out of the ordinary circumstances deserve recognition for their outstanding efforts and teamwork. On this night, these officers are awarded public safety citation.

Okay, we have one award remaining. And this is the mayor's award. In uh late March 2025, Northern Michigan was forced to endure what most people call the 100red-year storm. All of EMTT County and several of the other surrounding communities were affected by this terrible ice storm that was really severe where trees were toppled, power lines were shared, damaging our power grid, meaning travel was virtually impossible as well. This particular severe event came without warning and without bias. Everyone in the area was affected for this extremely extended time and there were several weeks that some in EMTT County were without power. This was a community leaders biggest worst nightmare. Concerns of warmth, food, and limited communications were suddenly a reality. While electric crews, police officers, h hospital staff, and EMS were dealing with the emergency side of this civic

And that concludes 2025's uh Meritus Awards. Thank you all for coming. Um it it really means a lot for us to give some recognition to people that don't get it um all the time. I mean, I feel like u I could fill this desk up here with awards for the good work that we see from our EMS and um as well as our officers on a daily. So, thank you again and um unless you want to stay for my uh presentation afterwards, you are excused. I know I speak for city council and thanking to all of the officers both county, city, EMS, state troopers. We all all five of us I know and speaking for the staff as well say thank you from the citizens of Paskki for doing such a great job going above and beyond many times to make sure we're we have of all things safety and and good health. So thank you very much you guys. Brad, how are you?

I see that. We're happy for you. We're happy for you. Congratulations. Thank you. Thank you.

You forgot tribal police. Forgot tribal police. Tribal. Oh, tribal too. Okay. Tribal. LTV's 33 37. That's a lot. Okay.

Next, we're going to hear a presentation from public safety director Rocky Car once again, and this is concerning the department's 2025 annual report. Oh, okay. Not that I'm not

just longer than last year. Okay. Are you ready for me, Shane?

That's the first. Yep. Thank you. Thanks, Julie. So the first slide is um just going to highlight a few things here. First slide is the new officers. Um we did hire two new officers this year. Um Charlie Ramirez, he joined us uh was 14 months with uh city Charlboy. He's from Paskki with this. He wanted this.

I don't know if I want that from you. Uh I think be going on here but if he Okay, regardless, uh Charlie, um he's from Paskki. Matter of fact, I coached him uh in his early years in football. Um great addition to to our crew here in Paskki. Um, also officer Kimell, we had originally hired Officer Kimell in uh the summer of 2019 and he has he worked for us for just under three years and then um he he worked part-time for us out at the Bay Harbor Station for the remainder the the the four years in between us hiring back him back. um he did want to pursue his masters and had some other things that he needed to time to to study and ultimately he chose the career path to come back to us. So we had an opening as the next slide shows we had retirements. So, um, Lieutenant Troxel retired in July and, um, Officer Michael, Lieutenant Michael Parker also retired at the end of the year, so we were kind of able to seamlessly transition personnel, so we didn't feel the hurt too much with the with replacements. So, and with retirements come promotions. So, we had two lieutenants that retired. So, we promoted Lieutenant um Scott Lamont and we also promoted Lieutenant William Bowen. Next slide. I think it should be cross deputization. That's right. This is great. So, so

we we did a uh cross deputization with uh Traverse Bay band of tribal or chipines. So, we I should say little Traverse Bay band tribal police is who we cross deputized with. So, we deputized them here to be in the city so they can have jurisdiction to assist us with response to to calls. And they also um deputized us on tribal land. same thing. If they are out of the area, um, we can assist them responding to their locations and to try and hold things down. We are obviously not looking to take over anybody's jurisdiction. We're just trying to speed up response times. So, we were also deputized as uh throughout EMTT County as well. So, there's no pictures of that, but each of us went into the sheriff's office and were sworn in as EMTT County deputies for the exact same reasons. Um if EMTT County is uh outside, they have a large area to cover with very few personnel and sometimes we can slide out to their locations and try and make sure things are safe prior to their arrival. So that was our uh that was our mindset with cross deputizations. Next, I believe is law enforcement calls for service possibly. And this um just shows in Bay Harbor we had uh 471 uh law enforcement calls for service and Paskki 8,686 and a total of 9,157 calls for service. And there's just another indicator there. We handled 9,157 requests for service. This is a decrease from 2024 which was our highest ever of

37 is what we decreased from. uh we lodged uh or we logged nearly 5,000 complaint numbers which is a decrease of 3,25 and I think if you remember last year I advised that there would be a decrease in the numbers we pulled because we are now just pulling numbers for when officers take action on things. So if we make a traffic stop, we're not pull pulling a number for a traffic stop. If we make a traffic stop and make an arrest or we write a ticket or we take some type of action, then we're pulling a number forward. If we respond to a residence and and it's a simple say uh suspicious incident or something like that where we don't take any action or um there isn't anything like resolved from it, then we're not pulling a number for it. So, it's and when officers are pulling numbers now, they're making their own entries. before Gina um would make an entry on every single thing that we did, which was a kind of a waste of her time because we can still track all the actions by calls for service. So now it's so going off of report numbers isn't really accurate. going off of calls for service moving forward will be uh we had 337 total arrests, 96 felony arrests, 241 misdemeanor arrests. If you The next should be a list of all of our activity. machine. If you can find that slide, it's kind of orangeish with a whole bunch of data on it and it's so small that I can hardly see it.

What I had up there,

it's basically our police related calls for service and um I noted just a few a few things on there. Um, animal complaints, we were up nearly a hundred uh, animal complaints in the city and we were up 15 as there was only one in Bay Harbor in year 2024. Um, attempt suicides was way up at 29 attempt suicides or suicide successful in 2025 and we only had one in 2024. Um our disturbance or disorderlys were um we had 110 of them which was up 24 from 2024. Larsenies for some reason was way up too. Um it almost doubled. We had a lot of larsenies in 2025. Mental health is a big one. We had 102 in 2024 and we had 152 in 2025 of mental health um issues. And the last that I noted was traffic stops. Uh we made a lot of traffic stops in 2024, but we made 500 more in 2025. And if you wish to see the 2025, so my uh office administrator is out on pregnancy leave and my officer Peacock who is on light duty is pregnant. So she took over the tasks of a and I owe her a ton of credit for powerpoints and this annual report because this is not uh her comfort zone.

We thought that uh Miss Ellenburgger was going to be back to assist with this and she dove in head first and and put all this together. However, some of the data does not match up to 2024s because it was a different way of compiling them. So, if you can go into some of these in 2024 and see like domestic violences and assaults were combined. So, if you if you do want to compare those in 2024, I can provide you those numbers. There are in the annual report on our website, but I can tell you where the discrepancies are. If there's a large one, it's because of how the data was compiled. So, no fault to her. She's just doing what uh what she thought was best. Uh next slide is the detective's position. Um basically he was very busy. Investigated 75 total original complaints, wrote 79 supplements, drafted 25 search warrants. Um he was extremely busy and also had surgery on his knee. So uh the next should be code enforcement. Um, this just kind of is a little bit of a breakdown on Tony's numbers. Officer Belmani, a total of 289 ordinance violations to which 24 citations were issued. Um, a lot of the citations he dismisses um for compliance once they comply or if they go to court and they have fixed their issues, he dismisses the citations. We're we're not looking to make a bunch of money off of this. We're just looking for compliance. Compared to 2024, there was a a decrease of 125 violations. And much of this is due to officer Belmani's proactive diligence of spreading awareness and education to the public. And it also has

to do with the time that he spent spends on these larger IPMC cases as well as much of them go to litigation. I will say this, this uh Tony probably has logged more court time in the last two years than many of our officers have just with citations and and what is moving forward with a lot of these larger cases. Um the International Property Maintenance Code, this just shows some of the things that he has been able to address. you can uh there's been some mold issues and these are some of the before and after a lot of the living conditions people will as they are moving out say hey I'm moving out because of because we can't we have to have a reason to come check these these locations out and Tony does a great job of followup and working with um county inspectors and whatnot in order to get compliance and there's just another picture of some of the things that are reported to him and that he sees gets um taken care of blight issues um structural issues. Next slide should be community engagement. So we have a ton of community engagement. Um we did I I put a couple photos in there. We had national fire prevent prevention week. Um the ice storm we we did go door todo um during the ice storm uh checking on our residents. Alice was is our our officers attended uh presented Alice based training to all the school staff and students. Um I believe the next page is just uh some more highlights of some of the some of the things that we did throughout the

year. I was the keynote speaker for the middle school. I do that again next week. Um, we've led all the parades, passed out candy for all the Halloween events. Um, I mean, we just about anything that that we're asked to do or participate in, officers seem to find time in their schedules to try and do it. they see the importance of the community um being engaged with us and seeing us on a face-toface level versus um standing outside their window on a traffic stop. So um we try to do as much out outreach as we can and invite them into our building as much as we can as well. And the next slide is some of those engagements. There we are up for national fire prevention on the left. Um, we played uh we played baseball with the Challengers. Uh, the next picture is the parade. Um, we also uh set our truck up for the shoreline bike ride, which is a bike ride done by uh uh officers from around the state that recognize the fallen. And there's uh Officer Carlson reading to the children and uh us giving some tours. And normally all the schools want tours around the same time near the end of the year. I think it uh we we definitely pack the the schedule with school tours near the end of the year. Next slide is the citizens academy. We had a great group again this year for the citizens academy and uh we we taught on the same topics, criminal law, interviews, interrogation, um investigation, firearms. We did the simulator for the firearms,

um crime scene processing. Uh you can see up in the aerial on that the picture to the right. Um we got to break some windows on some cars and cut into them. We just had a group that was very interested in what we did and and we encourage those to that want to be part of it. It's a it's it's free. It's every Wednesday for about seven weeks and it's a new topic every time. It used to it started out at three hours. We've dialed that back to about two and a half hours, but that seems like a long time, but it goes by so fast when you're there because we're trying to cram so much information into uh into all the presentations. So, it's a great opportunity to to interact with the public. Next is the open house. And we've for once had really good weather at the open house, which was a blast. And um if you have never made it to the open house, I would encourage it. We have cooperation from just about every entity in the area. A lot of them are listed there, but there's plenty to do for the kids. Um, and the adults and kids at heart. Really, I can still never take my eyes off that helicopter when it comes in and and departs. Except for the one year where there was a lot of the mayfly hatch. I don't know if you were there for that, but you didn't have to eat the hot dogs after. Um, the next should be ACE.

Yay.

Yes. Going along with the theme of our public our outreach. Ace is a big part of this. And he's a school therapy dog that we got in 2025. He's a laboratory retriever. Um, he sheds like crazy, but boy does everybody love him. and he's he's been a great part addition to our department and what we can provide and you know he's now eligible to to go to assisted care homes to visit residents as well. So the next picture should be some of the pictures of uh of ACE I believe. Yes. So that's uh officer Donovan up up on the left there with obviously Ace kind of makes his way around the middle school and the high school and this him at a assisted care facility visiting the patients. All right. Training. We do a ton of training. Um and if you if you have read the the report I it's a little bit more de detailed on the training but uh there these are just a few of the highlights of the training that we we we did in 2025. Advanced roadside interviewing techniques suppl um for schools defensive tactics. Um we have an instructor here that has trained the trainer. So, Officer Dutch teaches us the defect uh defensive tactics and we try not to get hurt doing that. We've haven't done so well as of late, but um we also antibbias, child forensic interviewing, read uh techniques for interviewing and interrogation. That is an amazing uh school. It's very expensive. However, it has to deal with body language and people being truthful and where they look if they're looking trying to remember something versus trying to

think up a lie. It was amazing. Uh help it was very helpful raising kids. Um let's see. Firefighting. We had courage to be safe. Um hazmat training and North Central Michigan College did let us borrow their uh simulator. So we we were able to do some training on that as well. See some other interesting training. We we hadn't done ice rescue training in a long period of time. Matter of fact, I don't think I have done it in the 21 years that I've served here. Um so us being right here on the bay only it was a no-brainer for us to to do some training. So, I met we got with the Emtt County dive team, cut a hole in the ice, and off we go. And it was some just some great training. Uh, the middle one there is I did this training in southern Michigan before I came up here and I thought it was important for officers to trust their gear um because you can fall in a body of water around here if you're doing uh marina fires or even on pools. I found myself standing on a pool cover in the middle of winter and I had no idea that I was on a pool cover. So, knowing that your equipment is buoyant enough to keep you afloat, um it's just peace of mind. So, we were able to uh basically jump in the water with all your turnout gear. You capture a bubble of air under your helmet, try and keep your boots up in the air, and you can stay afloat for an extended period of time, close to 15 minutes. And believe it or not, with your SCBA on, you can go underwater. It's pretty amazing. I wouldn't go diving with it, but I mean, you can just kick around. We I mean, we had a great time like a bunch of kids out there at the boat launch. So, and

then we also do some serious practical training. Um, we were had the amazing opportunity, as it says in that slide, somebody was demolitioning a house who allowed us to go in and smoke it up and simulate fire operations, which was very good practical training for our crew. And I think the the next slide I kind of went over this already was just basically the our call volume calls for service uh fire and EMS 949 calls for for service. There should be one more slide that I just like the picture of because uh we do a great job maintaining what we are provided by the city. And these are two of our our response truck on the right and one of our ladder trucks on the left. And this is taken out at our Bay Harbor station. And uh and the last is just to thank you and I wonder if you have any questions for them.

First of all, I am just so impressed and and I think our number one job of public safety and and you do a great job. Your attitude is great. just love all the presentation. I I love everything you do. Um I really do. Thank you. Um

in the I just generally from as you look at year-over-year the and the trends and all the things that are happening that you're that that you're being called for, are you seeing any kind of trends, any kind of things that bring you a little bit of concern that we should be getting ahead of either by providing some more training, some resources or Yeah. anything that you're seeing that council should be trying to be a little bit proactive because times are changing or something's changing that we need to do.

Um I'm getting to the point I'm concerned for our level of manpower. Um right now we have I'll just run you through real quick. We have 20 officers. So we have 20 officers. You take four out of that. Myself, the detective, and our two school resource officers. So now you're down to 16. Two of the 16, one is hurt and one is pregnant. So that gives us 14. So now we're running bare minimum on two shifts and only four officers on the other two shifts. So if anybody wants a vacation time on any of those two shifts, it calls overtime. If I send anybody to training on any of the shifts and somebody wants a day off, it's overtime. Um, we're we're also we're just we're getting to the point where I mean you guys have done a great job with housing and and an expansion around the city is happening and our our population is rising yet. My concern is can we keep up with it? Our call volume is close to, you know, over 9,000 a year complaints. It used to be 7,000 with the same amount of manpower. And then I take an officer away because I think I put them up at the middle school because I see the need for us to have presence at at the schools. And maybe that talks to some of the trends that you're speaking of. Like when I started that was never even a forethought that we would have to have officers in schools and things have changed and now we have two officers in the schools and we have the same amount of manpower trying to deal with the daily and we're maintaining right now but when the summer comes now you're talking about things that you can't see on paper. You're talking about burnout. you're talking about officers having to switch from days to nights to cover shifts from because we don't have personnel or you're ordering people in to try and work overtime shifts because

we don't have them covered. So, and part I guess part of this is on me for not noticing this sooner. I should have in 2024 brought this to you and and budgeted accordingly for 2025 or 2026 because what I'd like to see my goal would be in 2027 to have two more officers. That way in the summertime I would have five officers per shift. So if two officers wanted a vacation day on the same day, doesn't cause overtime. It's not an issue. If we want to send people to training, I don't have to worry about the schedule being covered. And right now, I can't move people from a shift to cover any overtime, I can't save the city any money by moving people around because I don't have the people to do it. So, and I get it. It's a special set of circumstances because I'm down two officers. One is pregnant and the other had surgery on his knee. But as long as I've been here, there's always been somebody off. There's always been somebody hurt. there's always always been somebody on some type of disability. So I I a long answer I guess to your question. My concern is are we keeping up with manpower with what's being built around us. Um we're seeing a ton of of people moving to the area. We're seeing a ton of housing and not just in the city. It's going up around us. The tribes building housing units. Um there's housing units north of us. Sure, that's not in the city, but it impacts us. So, especially now, uh, you know, that we're we're trying to to spread out and help the county and things like that. We're doing what we can with what we have, I guess. So, that would be my biggest concern is manpower.

Thank you, Miss Walker.

Thank you, Mayor. Thank you, Adrian. That was a wonderful presentation. And of course, yes, public safety is um our number one priority in the city of Paskki and budgetarily it's always allotted accordingly as well. So don't be too hard on yourselves in terms of budgetarily planning for 2026 now that you've given voice to the fact that you are understaffed and we can duly noted here on city council in terms of planning for the projected future. So, do you feel like part of that formula is also attraction and retention of current staff for public safety and is there things that could be done both like by increasing the budget here for projected future years as well as like in the negotiations with your union, making sure like paid family leave is part of it or um something beyond like the sick leave and the medical leave that allotted as union workers, but like making sure that we have family leave and maternity and paternity leave as part of that to attract new new young officers to this area with really good benefit packages. So, do you see any I I think the city has done a great job with benefit packages to already catch the eye of people who are looking even if they're they have five or six years under their belts already. Paskki is a destination for a lot of officers. The the issue is housing. I mean, our last three officers are are Alansen, um, Indian River. Um, it's it's hard to get officers to get housing in this area. I mean, every it's the you hear it from everybody, you know. So it especially if you're starting at a lower officer wage. I mean you're even if you're buying getting a rental unit, the rental units are, you know, some 1500 $2,000 or somewhere in

there. So, it's very it's very difficult the housing portion, which is kind of the other push to try and have more officers on shift because now we're responding from longer distances for fire callouts and things like that because it's that time that takes for officers to get to this location. So, you know, I don't want to throw a whole bunch of stuff at you. I mean, we have a bunch of officers who want to work here. In regards to retention, I think there's only one officer that m one or two on one hand anyway that have left prior to retirement that I' that I've been here. I mean this once you are here and you you taken a little bit of what Paskki has to offer. Um normally it's a career we keep everybody. So um at least we do our best to. So for next year budgeting for 22 officers instead of 20.

What I would I mean if I've put my wish list out there I would like to put have one in uh in June of this year and then one on next year would be ideal. That way when we get into the summer months, we would have more help and then by 2027 into 2027, bring on another officer, have them trained, and then it it when you're talking public safety, it's a good two years to train somebody because of fire and EMS to in order to get your fire certification as well as your EMS certification. So, we do those in two separate years. The 25 25 a better number. 25 officers.

Yeah. Yeah. Send send them budget terribly. Duly noted for 30. Yeah. 28 28 28 28 have five per shift. It would be 22. Um, and so the other question I had was in regards to code enforcement. On the on the screen there, you had talked about um what the majority of calls that Tony Belmont, our code enforcement officer, had handled and 61, which is the largest percentage of ordinance violations were sign related. Is that like private business in the central business district signage? I believe it all falls under this sign ordinance.

Yes. So, like if we get a call that, hey, somebody has a sign up or garage sale stuff or downtown the sandwich board signs or all of those things I believe fall under like a sign complaint. Thank you, Mr. Mo. So, I'm going to circle you back to the report. Okay. I just thought it was really interesting this year that the Alice training was extended to students, which seemed to me to be a really good idea. I was curious how that came about.

That's a great question. Um I don't know how it came about. I do know that um our officers are I know officer Carlson is on the sea board and they are connected to like a community of hey what what can we do better? And I'm sure that was one of the topics that came up and said hey why not? I think it's a great idea as well.

Thank you. And one other follow-up question I get often from constituents is about the use of 911. Like if that should only be reserved for emergencies or if somebody's illegally parking over a sidewalk, for example, should that be the number they call? So I wonder if you might give some clarity there.

It is. And you would think in southern Michigan, I don't know, I was brought up to you call 911 and dire emergencies here, that's sometimes the only way to get an officer because if things are closed down here, you don't have the inside number, the 3472500, and that's the only way you can get an an officer to respond or even have a phone conversation with them. So once you get over the stigma of I don't want to really call 911 for this, but a lot of times in reality that's how you have to to contact us. So yeah, just continue to tell them to call 911 and we'll handle it. Appreciate it. Thank you. You're welcome.

Thank you very much. Done with you and your officers. I'm very impressed by your training. I know you guys do weren't many questions and it's admirable the way you guys have kept that up. Thank you. Schedule it. Thank you. Appreciate it. Thank you. The accreditation bumper sticker is good, too. I like that. Yeah. And you know, they make us pay for those.

Thank you. Next to the consent agenda, February 16th, 2026 recession and close session city council meeting as well for the 16th of February. Also acknowledge the receipt of certain administrative transactions that have occurred since February 16, 2026. also acknowledge a receipt of the 2026 Planning Commission annual report pursuant to act 33 of the Michigan Public Acts 2008 article 2 section 125 3819 council do you have any questions regarding this or comments or

I move for acceptance of the consent agenda support I have a motion from Mr. Wilmont, a second from Mr. Knobrop, but I have a comment right from Mr. Moore.

So, I have a question for the team here. Um, if you look at page 37, this is referencing our council meeting preparation procedures policy discussion. Cue the groans in advance. Apologies. Um, but on line one, two, three, four, five, it's referencing what was delineated as item four in our notes as we went through things. And if you remember in that section, we did all agree to delete uh a portion of it except for the first sentence. But it was my memory that we also added Mr. Wilmont's addition uh that required uh that the majority of council members agree to rescheduling regular meetings. And when I reached out to the mayor, he remembered it the way I did, but Mr. Horn remembered it differently. So, I thought it was probably good for all of us to take a look at our notes or something um to see what it was we actually decided. So, if you take a look at footnote four in the notes that you have even for tonight, hopefully that will provide clarity.

Yuck. Couldn't we just listen to the recording again? We can Yeah, we could listen to the recording. Uh Sarah, I don't know if you have your probably don't have your notes from that meeting, but we can certainly listen to the recording and get back with council. Edit it. I I do have my notes with me. And are we talking about the makeup meeting section? Yes. Number four. Yes, Sarah.

Yeah. My meaning or my notes show everything that was highlighted in yellow that was struck out as okay to delete and it was concurrence to delete that except for the first sentence. Right? And that part's absolutely correct. It's the next portion which was Mr. Wilmont's suggestion um under number so it's not number four then right wait let me look sorry I apologize it's number three meeting cancellations

okay so I believe you guys decided to delete all of holiday cancellations and then the next section meeting cancellations. You guys decided to change all. So it's like the second to last where it begins. However, such a call for the cancellation of a regular meeting of the city council generally should follow the polling of members of the city council to determine if all members concur. And I believe the discussion was change all to the majority. Yeah. And I have that written there.

Right. So that suggestion that Mr. Wilmont made was added. Yes. Majority. Correct. So change from all to majority. And in the minutes I note that change all to majority in the meeting cancellations to allow for vagueness. Apologies, but that's in a different section. That's in meeting cancellations. Isn't that what you just said in under three? Yeah, number three. Subsection three. Hold on. Guess I'm getting confused on where we're looking at the minutes. Yeah, I'm sorry. Okay, so this is under makeup meetings where where the

minutes in the minutes. Oh, page 37 of first paragraph line five. Under makeup meetings, what you have, Miss Sarah, is correct that we deleted that complete change all to majority. Second sentence. That's right. What's in here? That's what it says in the changes to change all to majority. Okay, maybe it's my confusion. Well, in any case,

um, we are, this should be on the agenda later on, so if there's additional clarity or questions, we can come back to it, right? Yes. Yeah. Issue. I just want to make sure we were all on the same page for the Yeah, it's close enough. I think it's right. Okay. All right. Thank you. Any other comments on the agenda. I go to Miss Beck for roll. Wilmont I. Nocttra I. Deore I. Walker I. Murphy.

I. Motion passes. 5. Next is public comment. This is your opportunity to address city council. If there's something on the agenda that you wish to participate a discussion in, then I ask that you hold and wait. If you can't and want to speak to us on something on the agenda, you have the right to do that. What you will do either way, come up and give us your full name and address city council, not the audience. If there's anybody that wishes to speak to council at this time, please step raise your hand or step forward, sir. Uh Keith Mson, 1034 Wakazoo. Uh this winter um I had a a young deer uh going from my yard to my neighbors. I got stuck in my fence and I did call 911. And a few moments later, an officer appeared and even though physically he didn't help me, he gave me emotional support and we got the deer free and moving on. uh la at the last uh presentation of awards to officers last last year, uh I talked to officer Carr after uh the council meeting and I had uh my idea was to present to him that when uh public safety officers are on patrol, they should have their headlights on at all times. Uh my reasons were uh as a bicyclist uh you can see in your rearview mirror uh cars much much earlier coming when they have their headlights on. Uh secondly uh I've been a motorcycle

safety instructor for 35 years teaching new students how to ride and I've always emphasized the importance of having your headlights on. um in our discussion uh after a few mo moments uh officer car uh just walked away and left and sorry I was not impressed. Uh there is a third reason too that I'd bring to you and that is uh the S in public safety. uh having your headlights on really uh makes you more visible. And I'm sure you've experienced uh driving in low light conditions and seen uh other vehicles without their lights on and wondered what's wrong with them. Well, this also includes occasionally police officers. So, he's not going to listen to me. Uh so uh I'm bringing this to you because perhaps he might listen to you. Okay, new topic. Spring is coming. Uh I assume they're going to dig up the next uh two blocks of Howard Street between Jennings and Fulton and uh resurface it. And I'd ask you to uh change whatever regulations that uh the city has that narrows our city streets by 5 ft. That that would uh not apply to this uh next move. Um you've probably experienced this winter uh with the amount of sto snow snowfall

we've had that uh some of our uh city streets have turned into one lane uh operations and by narrowing the street five feet to begin with I think we're just asking for more complications and trouble. Thank you. Thank you for your time. Anyone else wish to be the council at this time? Is there anybody online that wishes to speak to council at this time? None online.

Okay, we'll move on from that. We'll go to city manager update report and I'll turn that over to city manager horn. Please collect it by the way. We did that. We did was part of the consent agenda.

What it is is closed session. Just to let you know what we're collecting. This is closed. When we went into close session last meeting, there was notes taken. Those are turned in and filed or destroyed. Go to city manager Horn's update.

Thank you, Mayor. Uh, city council meeting. This is our first meeting of the month of March. I wanted to take a moment to celebrate staff uh staff birthdays today or for the month of March. We have Joe Ki uh our wonderful building and grounds um manager. His birthday was today. We got to celebrate with Joe today was wonderful. Uh Sarah Beck, our clerk, uh has a birthday later this month on March 18. Um and Jonathan Zorhoff, water, wastewater, celebrates a birthday on March 25. Work anniversaries this month. Uh Lisa Grant in the finance department celebrates her first year anniversary with the city. Uh Amy Tweeton, our downtown manager, two years. John Tommpkins, parks and wreck, three years. Sydney Nielsen, water, wastewater, five years. Tyler Hart, parks and wreck, seven years. And Kendall Clingel Smith, parks and recck director, nine years with the city. Just a few reminders for folks. Uh, our board of review um kicks off here starting uh tomorrow with an organizational meeting and this will be in the community room from 4 to 5:00. That's followed the following week. uh with our board of review designated times. That'll be Monday, March 9 from 3 to 9:00 and then Friday, March 13th from 9:00 a.m. to 3:00 p.m. That's also in the community room. So, we encourage folks to book an appointment um and and come and talk to the board of review members. upcoming meetings uh this week and next. Um we have a zoning board of appeals uh meeting tomorrow. Um looking at a couple of uh zoning cases uh 706 Winter Park Lane,

looking at front and rear yard setback variances uh to allow construction of a single family dwelling again at 706 Winter Park Lane. and then uh 1402 Howard Street to allow for a child care center that would serve uh North Central Michigan College students. So, both of those are on for new business for the ZBA tomorrow night at 6 o'clock. Parks and Rec Commission meets at their regular time next Monday at 6 o'clock. The Youth Youth Advisory Council meets the same night, Monday, March 10th at 6 in in this room. And then the art commission follows on Thursday, March 12th. Uh and that's at noon in the community building. Few things to highlight or this I wanted to highlight. I I pushed this out on our social media um uh last week. We are up and running with three webcams uh that are um live currently so folks can get a real glimpse of where things are at. Um, we have a camera off the back of this building that kind of shoots out into the marina area. Um, we have two cameras at Winter Sports Park, one showing the rink, one showing the sledding hill. So, hopefully families can take a glimpse at that, take a look at current conditions to determine if they want to come out um and enjoy that facility. So, those are up and running on our website. Um, if you go to our homepage, there's on the title uh at the very top, there's a tab called webcams that folks can access these uh cameras in real time. Um, a few things are out to bid. Um, the Howard Street um section from uh East Mitchell to Michigan is out for bid. That's due back to looking at Jason. Yep. Tomorrow. Um, so we're anticipating

uh getting some some good cost for that project. Um, the uh there's something else out for bid. What am I missing, Jason? Gardenot.

Park garden lot downtown is also out for bid. Is that also tomorrow? Okay. So, a couple things that are um getting we're getting ready for spring uh our spring projects. So, those projects are um out to bid currently. uh they've been out for um about 3 weeks or so. So, uh we have a couple um job openings uh that are out on our website as well. If you know of anybody looking for employment, certainly send them our way. We have positions available in in uh in public works and certainly always looking for seasonal help as well as we get prepare for the summer. So encourage folks to look at our website and fill out applications. Also want to just say um mayor I really appreciate the recognition. That's very very nice. I as we reflect back almost a year ago now and when that was all occurring you know the mayor was the first one of the first calls I I received and he was the one really behind opening this facility as a warming center. And I I'm like I have to have I like to have everything just so. And in that situation, everything wasn't just so. It was like making the best out of a pretty bad situation. So, I appreciate the mayor pushing u and nudging me in this in this way. As we did that and we set it up, um it was just so uh heartwarming to see folks really come in and for the most part wanted to charge their devices. Um uh but you could tell that they were they were pretty chilly. Um and just how restaurants stepped up. They were either going to have to throw food away or find another use for it. And how they stepped up in our community was was pretty uh pretty impressive how everybody just rallied together and again made the best situation um um possible. To to walk

around and see folks just curled up in the corners of city hall. Obviously, we've never done that before. So, we were kind of in unchartered waters, but um certainly glad we were able to extend that opportunity. We're looking at preparing for that next hundred-year event and maybe trying to work with the schools and really try to find a location that has a full commercial kitchen, you know, a bigger space gymnasium wise. So, we're working uh with the schools um to try to find that spot that um really can can maybe uh satisfy more need uh than we could provide here. But certainly, again, appreciate the community support during a very difficult challenging time. My wife was right alongside me as well. I don't know how many cups of coffee she made uh during this event. Uh but was pretty impressive. The mayor brought in, I don't know, two or three crockpots of sloppy joe's. We just we kind of all just rallied together and I I certainly appreciate that spirit.

Again, thank you for what you did. It uh you stepped up to the plate. That was amazing. Mr. Moore, yeah, I just had one follow-up question. Do we anticipate any narrowing of Howard Street with this work that's going to be done? Jason I take it you're referencing the Michigan to East Mitchell. Yes.

Uh no, the intent there, the only narrowing would be at the crosswalk where the greenway path comes uh by the alleyway by the old Penny's building. Um like we do at many crosswalks, we shrink up that to a two-way traffic so you get the pedestrians out so traffic can see them. But otherwise, parking remains the same. The street width along the businesses remains the same. The intersection is getting rec reconfigur or not reconfigured reconstructed. The configuration is staying the same. Thank you. A follow-up question before you leave. How about the section that had wasn't completed last year.

That section as designed is a 30 foot width. The existing width is 36. So the answer is they're going to narrow the top Howard's top of the Howard by six feet from from Washington to Sheridan not to not I'm sorry and that that was a plan that was had a public hearing. Correct. Yep. Walker.

Thank you, mayor. Thank you, Shane, for the report. Um, I did have a couple of questions. I I don't know if others noticed, but the time that you received your assessment for your taxes into when the time for the board of review is is like a window of opportunity like this small. And I wonder if other residents have kind of provided any feedback. I know that we generally rely on snail mail, which isn't always the most um quickest way to kind of receive information, but I realize that we're probably limited um to the fact that we have to mail them to um residents. So, and of course, you know, assessments change from year to year and this year the um the increase in taxes is due to um adjustments to market rate. So, I think that that's probably across the board. And is that comparative to year to year to year in people's experiences that the increase in taxes?

Yes, I think you're correct. It's more of a market rate adjustment in in your assessments that went out. Um I think I got mine a couple weeks ago, I believe. Um it did there was a maybe a one-pager pamphlet that was in that that kind of hopefully instructed folks how to uh make an appeal to the board of uh review. So hopefully folks take advantage of that. But you are correct. It's more of a market rate adjustment.

And I also want to say that I do appreciate that this assessor actually includes a little newsletter every time he does that. So that is one thing I just want to show show gratitude about. But I just was um thinking like wow that is such a quick turnover. And if you're not like Johnny on the spot and getting your mail on a timely basis then and then the fact that in order to appeal you have to make an appointment. So there's like several steps to be able to be heard. Um, and I don't know if there's any opportunity to like lengthen that or provide ample opportunity for people to contest um or take action on their increase in

um you know that's been an issue. You know I was on on that for like six or seven years. I don't know how many years that was always an issue. It's like a Chinese fire drill to from the the time notice and what I understand there's not a lot of f flexibility. We we we get the assessments out uh as quick as we can and then by by I don't know ordinance by law that we got to get they got to get the tax review board um it's got to get done. So there's not much of a window there. So it's it's always a problem.

I fig I figured that was probably the situ and then I do have another question mayor if I may. Um, so I wanted to ask Jason Fate in terms of the East Mitchell to Michigan RFP process going out to bid, when is that proposed work going to be done and what will be the um, will there be any moving of the farmers market during the construction season there between Michigan and Mitchell Street of Howard?

Yeah. So, the proposed schedule right now that's in the contract documents or the bidding documents is that they we would anticipate to start um, end of March, early April. Of course, that's weather dependent. Um, and right now we have a planned completion date of May 22nd, so the Friday before Memorial Day. Um, we do feel though that we may go beyond that. Um, we've had a mandatory pre-bid meeting a couple weeks ago. Contractors didn't really have too many questions regarding the schedule. Um, but it's all weather dependent. So, if we get to that point where we can't start because there's excessive frost in the ground or there's just too much snow, we're definitely going to have to push it back because you don't get the production that you need to to make that project successful. So, there's a chance that it it would impact and and potentially one, two, maybe three um of the Fridays that the farmers market is held.

So, is there an alternative plan for moving the farmers market in the in the plan of construction? So, so we haven't talked to all the event organizers yet. Um, we plan to this week. Um, we're waiting for bids to come in first, see where the costs lay out, and then we'll move forward with reaching out to all folks that are impacted. Thank you.

Have a question on the on the width of the 30 foot going from 36 to 30. Is it statistically showing that that's safer for small towns like this? We started uh I think back in 2020 Kalamazoo project was designed that way and we we talked to our traffic engineers that was a means of traffic calming. Kazoo is only 30. Yes. Up at the top uh but not the rest of it on the bottom. All of Kazoo from Mitchell to Jennings is is either 30 feet and then at the school zone Mitchell to Jennings Yep. is only 30 feet.

30 feet. Yep. Okay. Cuz a pickup truck is 8 foot wide. Yeah. So if you had two pickup trucks parking, you couldn't have two pickup trucks passing each other on that street because you'd be three two feet short. Right. Street.

Correct. But what we've noticed like on Kalamazoo is typically vehicles are staggered when they park and it hasn't been an issue. Um, I believe in talking with Mike Robbins in the past when we did that project, if there was a potential issue and and we know that it may come up because people move, they people sell their houses and traffic patterns and the way people park change um that like we've done on other streets, we would evaluate and potentially sign on one side no parking. So you're you're putting them on the other versus just keeping it six more feet.

But when we did just just for reference, when we looked at the Howard Street project, we spent almost two years monitoring and watching traffic patterns and where do people park and what do they do? And the segments that we narrowed uh have random parking, but most people have the ability to off- streetet park or you know on their property. And in talking with a few of the residents of recent because of the the narrow streets and snow, which we've been actively getting the banks pushed back and and removing that snow, there has been some parking issues, but that's been citywide. It's not just on the narrower streets. every street has that problem right now or or did where we've been, like I said, blowing them back. So, they confirmed what we noticed during that study period.

One thing I do appreciate is you're going out and you're plowing the banks back at evenings or during days and it's not bad. I think that's really has helped the situation by pushing these back to the curb or close to the curb because that's that is a big step. So thanks for doing that. Mr. Wilmont, the section that will be narrower on Howard, are you going to restrict parking on one side there? The the intent to start with is no.

Thank you. Next, anyone wish to speak on anything that was presented by the city manager at this time? There being none, we'll go to new business. It's the adoption of a proposed resolution authorizing a motorpool purchase for a combination sewer jet and hydro excavation truck. Jason,

so yeah, in the in the capital improvements plan, we allocated $630,000 from the motorpool fund to purchase a combination sewer, jet, and hydro excavation truck. We currently have a sewer jet cleaning truck. Um it is 22 years old and it's so showing signs of uh uh needing drastic improvements. The floor pan is rusting out and uh we're going to have to do an overhaul if we keep that one in our fleet. So um as we do more undergrounding in town, um it's becoming more difficult to excavate. And so with our operations, I've talked to all of our supervisors between the electric, uh, our sewer, water, and our streets. All of our departments can benefit from having a a sewer, um, hydro excavating truck. We can utilize it for catch basin cleaning, uh, water leaks, sewer repairs, sewer cleaning like we do now. Um and our even our electric department um we actually uh contracted out during the ice storm to excavate for new power poles to be replaced. Um and even with all of our undergrounding um there's often times over the over the years transformers settle and we have to re-exavate around those and then uh readjust those. Uh way we currently do it we have an excavator come in and they start digging around it. So, it's very timeconuming because we don't want to hit the power and it's going to be much safer when we have a hydro excavating truck to do that because it's uh you're not putting a a sharp object in the ground. So, with all that said, um we've worked with four different manufacturers. Uh did an extensive review, extensive demo of the trucks. Some of the trucks we actually when they came up and demoed, we put them to work and tried

them out. Um during this demo, we had myself, our supervisors and staff involved with the demos, uh looking at the operations. Um with that, we've looked at capacities of like the debris box on it, um water capacities, pressures for cleaning, the uh flow for cleaning. And so we we narrowed it down. We we did an extensive spreadsheet to evaluate what were our specifications and how do the trucks align. Each truck had a unique feature to them. Um there's there's multiple vac trucks. They all do the job, but some of them have unique features that others don't offer. And uh when it all came out at the very end, um the scoring, as you see in the in the agenda memo there, um MEX Super Products Camel Max ranked number one for us. And the one of the many reasons is we this is a very expensive machine. It's going to get used on a daily basis between all of our departments. Um support is very big for us. When we rely on our own piece of equipment to get the job done, we need it to perform and when it does break down, we need to have that service. And so MTech has uh mobile trucks. They are based in Leavonia, but they will travel up to us and fix that. They offer they also offer uh it's a it's a Freightlininer chassis truck uh similar to all the rest of all the rest of our vehicles in the fleet. So, we have a a streamline chassis that we all can work on here, but they offer frontline service or jumpline service where if we call up our Freightlininer dealer, which is in Driver City, and we have an issue, we can get that in because of their

relationship with that uh truck manufacturer. So, my recommendation based on our staff um feel the training that they're going to provide us. Um essentially when we get this truck, they'll do initial training as we have staff come and go or say we have new staff that want to operate it six months from now. Um they'll come back up, train us, and that's uh for the life of the product. So based on all those evaluations that we did, the the super Mtech or MTEX super products camel max ranked highest and uh that that was our recommendations. Any questions? Questions, Miss Walker?

No, no questions, Mayor. I'll just be happy to make a a motion to approve the um the hydrojet truck for purchase at the ticket of $598,569.93 and you budgeted 630,000. It came in supports motion by Miss Walker. Second from Mr. De Moore. Other discussion council questions. Does the public wish to express anything to council at this motion? There being none, I will go to Miss Beck for role. Walker. I. Deore. I. Knock. I.

Wilmont. I and I look forward to seeing it in a Fourth of July parade. Murphy morning. Hopefully take a couple hats and heads off. Uh motion passes 50. Next is adoption of proposed resolution that would authorize a DDA re redevelopment liquor license for Happy Taco Shop at 413 East Lake Street. Turn it over to city manager Horn.

Thank you, mayor. Yes, T Happyy's Tacos Shop is uh relocating to 413 East Lake Street. They're asking for city council to approve a resolution for redevelopment liquor license uh for this establishment. This is um back in um 2006. Um there were up to six licenses approved by council that was amended in 2018 um to allow uh that number to increase uh up to 10. So currently we have five DDA licensed uh redevelopment uh establishments. So this would potentially be number six out of 10. Um there's criteria involved as far as amount of money spent on the redevelopment. So we've gone through a review process uh to make sure that they meet those thresholds. um DDA at their meet or DMB at their meeting on um uh last uh Thursday uh made the recommendation to city council to issue a uh DDA liquor license for Happy Tacos, finding that the application is consistent with downtown strategic plan and will promote economic growth in the DDA district. questions, comments, or possible motion. Mr. Moore,

yeah, I just had a quick question as to whether or not the city attorney had an opportunity to review this regarding ordinance compliance and any other compliance required.

I did, this is Laura, her voice coming in from the beyond here to you. I did have an opportunity to review the materials in the packet and the application appears to comply with the statute, which is fairly bare bones in its requirement. Uh and then it does uh provide the information for the city to evaluate whether it meets those requirements of the ordinance. Um so they've provided information about what they've spent and what they intend to do with it. Um the standards in the ordinance which is included in the packet as well. you know, talk about the recommendation of the downtown management board and really determining whether this is beneficial and would promote economic growth in a manner consistent with the goals of the DDA district. Um, that's in section 4-3 sub paragraph 4. So, from a legal perspective, I don't have any concerns or see any um roadblocks um from from my role in council proceeding with this and approving it. Thank you, Laura.

You're welcome. Questions, comments, Miss Walker. I'd be happy to make a motion. Mayor, have a second. I'd be happy to second that. A motion from Miss Walker, second from Mr. Knobro. Any other discussion? Councel public wish to weigh in on this to the council. There being none, I go to Miss Beck for roll. Walker. I. Nocttra I. Deore I Wilmont I Murphy I motion passes 5-0 congratulations happy taco shop

moving right along adoption of a proposed resolution that would authorize a consulting services a contract with uh Sheilia Rune for services associated with the public arts commission uh and it's turn it over to see Mayor Jorn for that one.

Thank you, Mayor. So, this is ongoing uh consulting services um for the public art commission. Um Crooked Tree was providing those services over the last few years with Sheila being kind of the point person um for Crooked Tree. Ashila has uh recently retired and the um art commission would like to continue to utilize her service her services uh in this role. Um so before you this evening is a consulting services agreement um uh that has been reviewed by our city attorney as well to engage with with Sheila to continue those consulting services to the art commission. Miss Walker, Miss No, I'm sorry. It's Mr. Moore had her hand up first.

Feel free. So, I'm just confirming on the record here that the both the fees and the expenses to be paid to Miss Run are within the allocated budget for the arts commission. Yes, that is correct. Thank you, Miss Walker. Thank you, Mayor. Um, well, I think this is a great idea. I just wonder what is the current then if does the role of the arts commission and crooked arts center change at all in this configuration with hiring the consultant? Yes. Okay.

Crooked tree was only involved with uh us hiring the consultant to assist in sending out uh proposals or calls for art etc. Uh and that was what they fulfilled. Uh Sheila retired and we felt it was best just to stay with her because she was doing a great job. Uh so we stayed with her. So the proposal is to cap it at $5,000 a year. So that would be a 100 hours at the $50 an hour rate for um automatic uh renewal. Uh this so this is proposes for 2026 and then automatic renewal in 2027. Correct.

Thank you. That's if she spends that many hours. I I think uh I don't I don't I doubt she's not going to spend a 100 hours on this. I don't believe. But uh it just gave us a scope to go by. Mr. Moore, I was only going to say that includes her expenses as well. So it could be less than Yeah. And the allocated amount for 2026 I think went up to $60,000 this year from 50. So, it's like 10% of Yes. I'd be happy to make a motion, Mayor. Thank you, Miss Walker. Do I have a second? I'll second. I'll I'll support.

I have a motion from Miss Walker and a second from Mr. De Mr. Mr. Wilmont. Well, Miss Walker dominating the motions tonight. So, any other discussion council on this public wish to weigh in on this hiring? I go to Miss Beck for roll. Walker. Yes. Wilmont. Yes. Knock. I. Deore. I. Morphe. Yes. I. Motion passes 5-0. We have four items to go. First read of opposed ordinance amending chapter 10 regarding fireworks. And let's turn that over to city manager Horn.

Uh thank you, mayor. Um in front of you is um a slight amendment to our current um or fireworks ordinance. Uh based on our discussion at the last meeting, um the only change to that ordinance is to um authorize city council to approve um and I just put in as a placeholder. This is this could be could be zero, could be whatever number you want it to be. Um but just to start conversation, we started at three additional public fireworks displays within a calendar year upon written request. So based on our last discussion, um we had an application in front of us. Um there was some discussion about um uh increasing that um window or opening that window for um fireworks that were outside of the the current uh days that are allowed uh in state statute in the Michigan Firework Safety Act. um we did have an applicant followed the process that we had set forward um and kind of did did everything we asked them to do. Um, and so that obviously was was was tabled or uh wanted us to kind of go back and look at uh if there was any uh desire to um amend this ordinance to open up a few additional days potentially within within a calendar year that would have to be approved again by by this body. Um so that's that's the only change to the ordinance is to again open up that window and then also to clean up um some operational um issues that really align with state uh statute instead of um the the former ordinance had the director of public safety um agreeing or providing

permission for such displays. Obviously we we do we do not do that. we bring those to city council. So that's a kind of a housekeeping cleanup if you will. Um and then the additional days is is up for discussion.

Questions, comments, discussion. Mr. Wilmont. Thank you. Um Mr. horn. Um to clarify, um I voted against the uh the subsequent application that was considered at the last meeting and I've since had further conversation with the uh city manager about the nature in which that application was made in good faith by the applicant as well as in good faith uh by the uh uh by the city staff in processing it in accordance with the vagaries of the ordinance in its previous form. And so I've reconsidered this application. But that having been said, um when it comes down to it, I I would uh submit that instead of three here for additional uh fireworks, it should be zero. In other words, I think the dates that are shown in the existing ordinance are sufficient, but I would make an exception with this one application under the circumstances. Thank you,

Miss Walker.

Thank you, Mayor. Um, and thank you for your comments, Charlie. I really appreciate that putting it in a context of what we saw before us last time and what we're seeing now. So, um, first of all, I felt like, and I voted accordingly that I felt like the application was submitted with due diligence based on an event that had transpired in Bay Harbor last season where somebody didn't apply and had a fireworks display, private one, that resulted in uh, law enforcement having to attend to noise violations and ordinance violations of our our already created um, fireworks ordinance. So, I felt like the reaction to not doing the right thing the previous year was a person going through the steps and applying through the state of Michigan and whatever entities and bodies that person governing bodies uh applied to. So, and because Bay Harbor is a wedding destination location and Northern Michigan, Little Travers Bay is a place where people want to come and get married and celebrate all of these big um advances in their life. I think that allowing by um by application private fireworks displays and allowing maybe a certain number of those a year to be approved. We went from a private fireworks display to a a potential change in an ordinance for public fireworks displays. So, I was a little confused in terms of the private nature of the previous application versus changing our ordinance to reflect additional public displays. Now, a private display is going to be a public display because there's no way you can screen a fireworks display in Bay Harbor in the middle of the bay. So, I guess I had some questions about that and I felt like this person had done their due diligence with the laws and policies

that exist to apply with plenty of time and seeking approval by dotting all their eyes and crossing all their tees. So, Mr. more.

So, while I support the amendment regarding decisionmaking by council instead of public safety because apparently that's required by state statute, I don't support the addition of these three additional dates. I actually think this ordinance from 2018 was very well done. And I think where I respectfully disagree with my two colleagues who've spoken thus far is that while it's true that the applicant complied with the application etc. the ordinance was very clear that that was a date outside the parameters that had been established. So for my part I would not vote to move that forward at this juncture. Thank you

Mr. Don.

Oh boy. Um, yeah, I got a number of mixed feelings about this. You know, and I know the last year, uh, fireworks that was done, there was some misunderstanding of of the application of whether they had to come here or not. There was some confusion. Um, having said that, I support the idea of having some latitude on added fireworks. I am more concerned about the public safety aspect of it than the fact that we, you know, that we go outside of the the traditional thing. This is the 250th year of our our our country's um existence. I I think it's okay to have some fireworks. I outside the the windows. I got some feedback from some people out of nowhere trying to that gave me some context to the meeting that or the the change that was done in 28 2018 that it was more focused on the the the city activities and that and more of the neighborhood stuff and it wasn't as much for something going on at Bay Harbor six miles away from here. So I don't see a big problem with it at all. As long as it's safe, as long as the neighbors are there notification, I think we need to be be a little give people a little bit of slack to have a professionally done fully insured. Everybody's is going to be there. We have thousands of people that like to see it and I don't see any problem with giving a little bit of flexibility.

Mr. Wilmont,

u just for additional clarification on my position, I'm not anti- fireworks. I'm anti-n noiseise from fireworks. Um, it consumes the entire region when a fireworks show like this goes off. If they want to put a drone show on and hire the Detroit Symphony, that's fine with me, but it's the noise factor that is a public nuisance, and that's why I still maintain the position of zero additional dates. I'm supportive of uh authorizing one or two. One being the one that the gentleman did apply, followed through with all of the regulations, uh requirements of getting a hold of the DNR, uh was it Coast Guard out on the bay, went and followed through all of the stuff that was given to him by the city. I feel it is in our best interest to stay true with what we had put out there to begin with. We want to switch it now after this applicant. I say go with him. If you want to say no after that one or another one, whatever, I'm fine with that. But uh I agree with you, Mr. Wilmont. I I think fireworks um it ends up becoming a noise situation. uh veterans, uh dogs, children, hours, all of those things enter into that piece of it. I think uh I would I'm just saying that I would support uh authorizing where it says up to three, I'd say up to one or two and leave it at that. At this point, those people that want to have fireworks for the 4th of July have from June 29th to July 4th. They have uh five, six days to have fireworks over the 4th of July. So, if you're celebrating the 4th of July, I know what

it's going to sound like up above the top of the hill where I live, there's a park up above it. Um it it's constant. Um, and I I feel that it the constant should be with what the state ordinance has right here, but I do believe that I I would support a motion to to authorize it to be in one or two, but that would be it. I Mr. Wilmont,

I have a process question. We have this u potential change before us now. Um, and if we were to uh if we were to vote no on this resolution with any additional times, would we still have an opportunity to revisit the applicant? Uh, no. The application from before? Well, I'd say yes and a no. How could we? In other words, how could we review it if we

can can we re-review that application first and then address this at a later times? Um certainly I think you could I could bring back the application to the next meeting if you wanted to approve that just because of process and and procedure and and then we can certainly bring this back in front of you after that or you can do them concurrently. Um you can hold this one and and I could bring the application back the next meeting. Um well this should come back at the same time because otherwise there's going to be a stack up. People are going to run to say geez we got to put an application in for fireworks for the summer because the city of Baski is in two weeks is going to or four weeks is going to say drop dead no more fireworks and we're going to end up having a flood of people possibly. I don't know but so we have three or four more people saying hey get your application in now because the city's going to chop it off. I I'm in favor of of the one. Mr. Knob,

quick process. I'm in favor of Frankly, I think we ought to give ourselves a little bit of latitude. I think the noise is is is a little bit too much when there's so many other people that love it. But that's my opinion. What whatever. But so I'm I'm in favor of one or two also. But my process question is this is first reading. So there's nothing. all that we can. It It seems like amongst the five of us here, it would be cool if we could have some consensus for the next time so we don't waste the city's time in all this. Maybe it's not. First reading is a discussion. The city attorney wanted to chime in.

Uh city attorney, could you please weigh in on this for us, Laura? Sorry, I have to be unmuted and I had muted myself to reduce background noise. Um, thank you. And I I don't want to muddy the waters and I'm not sure this will. Um, but I think it is worth noting there's a distinction between consumer fireworks, which in state law are the ones that you allow on certain days, versus display fireworks or pyrochnics, which are large public displays. And this current ordinance, even with these amendments, doesn't um necessarily distinguish between those. And but the state law would allow you to treat them differently if you wanted to because you've got one part of the statute that talks about um consumer fireworks on those certain days. But then you have a different uh section of the statute that says that the council, the legislative body upon application can grant a permit for it has a list agricultural wildlife fireworks articles pyrochnic display fireworks. It does include consumer fireworks as well but separately or special effects for public or private display. So reading those together, I think if you wanted to, you could say, look, we can grant approval for largecale, you know, public fireworks events on a case-bycase basis. That doesn't mean any consumer can come for their consumer fireworks and get approval. I don't know that that makes a difference in terms of what you're discussing policy-wise. Um, but just since we were talking about fireworks kind of monolithically, I wanted to point out that you could regulate them separately if you wanted to.

More Miss De Moore. So, Laura, are you saying that this only applies to one or the other as it's currently drafted?

Well, right now your ordinance lumps them all together. So, right now you do have all of those restrictions applying um generally to fireworks except your dates. If you look at current section 10-9 D6, it says the ignition, discharge, or use of consumer fireworks shall be limited to the following days after 11:00 a.m. And that's consistent with state law. The point of the state law reflected in the ordinance is to put a restriction on when consumers can set off fireworks. But if you're talking about what I would say professional fireworks, that's different than consumer fireworks. So under your ordinance, those are not limited to those days. So in so in other words, the application that previously came before us, are you saying because those were proposed to be launched by professionals, they don't really fall within this ordinance as drafted.

And that's what I was just pulling up the prior application to make sure I was remembering it correctly, but I thought it was a professional display. It is. Yes, it is.

Yeah. So that to my mind is is not consumer fireworks. Consumer fireworks are described or defined, excuse me, in the statute kind of not clearly in the sense that it defines them by referencing US Consumer Product Safety Commission under certain, you know, codes of federal regulations. Um, but it's clear when you compare that in the statute to other definitions where they've defined these other kinds as devices for professional use that I mean kind of obviously consumer fireworks are not the same as fireworks for professional use.

And so just for clarity and maybe I'm the only one that needs this, but this revision that you're proposing then you're using the word public fireworks. So, is this provision as you've added it something that would apply to the professional fireworks application that's been submitted or what?

So, I think first this was a starting place and the intention was to add on to D6, but frankly, I'm kind of thinking about this as we're discussing it. So, we may want to tweak that. Or if you're not going to allow additional days for consumer fireworks, then you're not going to add additional days. If you are going to add additional days for consumer fireworks, maybe it's an amendment to D instead of E. If you don't establish additional dates for consumer fireworks, can you still have a provision like the one you're suggesting that would be completely discretionary case by case to the city council? Does that make sense? for the public for

I think that makes sense because the statute would make it permissive anyway in that you'd have people would have to apply for any let's call it non-consumer fireworks and again your original ordinance doesn't in E doesn't distinguish between those necessarily because it just says public display of fireworks that doesn't necessarily mean you know it's not clear because that's not a defined term in the statute So, we probably should clean that up either way. And like I said, I guess I have muddied it up even though I didn't intend to, but your conversation had me uh thinking a little bit more. So, I guess the policy question is one, do you want to add additional days for consumer fireworks? Um, and then two, I think you have an e, you know, currently for people to apply for that display. And do we change that language to make it clear that is only for non-consumer displays?

And for non-consumer displays, we wouldn't need to have a date range or anything. You could just take them one by one based on what was presented. Is that correct or incorrect?

Correct. Because it's a completely different section of the statute that um that has that language. It's only the consumer um fireworks in the statute where it says uh I'm reading from MCL 28.457, a local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, including an ordinance prescribing the hours of the day. If a local unit of government enacts an ordinance under this subsection, the ordinance shall not regulate consumer fireworks on the following days. And then it lists those holidays.

And if you compare that, council member Deore, that was 28.457. Then go to 28.466. And that has a much broader grant of authority for approving fireworks. Thank you. Yeah, Mr. Knob,

I'm with Lindsay. I get all these numbers all screwed up. Um, as as I as I said in the beginning of this, the the email I got from someone um that seemed to be very knowledgeable. I want to reiterate in I wasn't here in 28 2018 to talk about this, but it was the context was not the commercial. It was the neighborhood stuff which then speaks to the whole consumer side of it and on the consumer side of it and now I'm getting more educated. I kind of agree with what we have. I do and and you know that we don't we're not a Disney World. We don't need to have fireworks going all over the place. I kind of agree with the context of that now. But I I still don't see I'm still confused as to the commer I call the commercial grade or whatever term we call it the professional grand coast guard safety all that stuff is in there. Where does that apply currently?

The what I've read so far and I believe I read the statute that Laura just read to us. Um it it refers to it as commercial and/or display fireworks shows, not consumer. Not consumer. Um but that would there's a difference here because what we do here on the 4th of July is a public fireworks display. We also have to be careful that when somebody wants to throw a party and have a fireworks display, they're not inviting the public. they're imposing on the public. So that's my biggest concern.

So So what I'm understanding from Laura, but since she's right here, she can make clear is that if we want clarity on the commercial aspect, we need additions to what we have here. Is that right?

I think it would be beneficial. The way the way the statute worked was originally it just had this as I understand it the 466 that said you know go ahead and regulate any kind of firework and listed all these different kinds and then was amended to say but for consumer you can't regulate them on these dates. So that's why we have those dates in there. What would be So those dates are, you know, kind of a free-for-all for consumer, but not on other dates. I think you I think it might be helpful to clarify it and use the terms the same way the statute does, which if I'm understanding, you'd leave consumer fireworks basically only allowed on those dates that are listed in the statute in your ordinance. You would allow professional displays to apply for approval from council on a case-byase basis.

Yes. Is that it? But what criteria do we use on a case-by case basis? I think well the same way you develop criteria for um you know development liquor licenses. What's important to the city in deciding whether to approve those

public goods to public good? They had to spend for the liquor license $75,000 of improvements to the to the to the business, the building, etc. I don't know how you can tie that into uh after the fireworks they're going to put. No, no, I I I didn't mean to suggest Yeah, I didn't mean to suggest that. I meant more and just by analogy, right, was saying we often have to create criteria in the ordinance for what we're going to allow, right? You know, some of that might be insurance experience. Do these people know what they're doing? Is if this is this their first fireworks show, maybe we don't want it to be in Paskki. Um, things like that.

Do they have insurance? Yes. It's already clear. Do they have permits? Those are those are all part of the current. Yeah. Right. But those will be listed as the My big my biggest question is how do you pick one over the other if they all comply? You're going to give licenses to everybody to do fireworks. Lindsay has her hand up. Miss Walker.

Thank you, Mayor. I appreciate this discussion because I think it's really relevant. I feel like we should leave our ordinance alone because it's in really good shape. It answers all of the questions that's ever come forth. We now have an opportunity to evaluate an application from the state of Michigan. Somebody that crossed all their tees, dotted all their eyes, a professional pyrochnics, all the insurance, all the compliance. So, we just evaluate them on a case-byase basis. We don't need to set a limit. This is the first one that's come before council in six years, seven years, eight years. So I don't see like people bumrushing us to approve private fireworks displays and you get your application in when you get your applications. Yeah. So it's like first come first serve. I think we should leave our ordinance alone, not acrew any more legal fees and bring it back to this council to approve the current application that's on the table.

Mr. Wilmont. So by extension, anyone that makes an application will get approved? No. What What criteria can council use to say no? The application process is No. No. But the if they fulfill the application and they dot all the eyes and cut offs all the tees, you're saying approve them. I think we we vote on that. But but what basis do we have to vote against it? If your ordinance says the send the application in and right now it's drafted for your be approved. I said all right. Yeah. Sorry. And right now, sorry, go.

Right now, it's drafted for public safety of public safety to do this. So that is even if you don't change anything else, you likely do want to change that to give council the authority. Yes, we do. Yep. We're not voting on anything tonight on any of this. Okay. This was a discussion piece of it. We'll come back in two weeks for completed discussion on this. Who else wish to speak? Mr. Knobro,

you know, and I appreciate what you're saying. I really do. I think there's also, you know, let people do, you know, if they're if they're following the rules or safe, let people have their own lives and have have a little bit of personal freedom. And I'm not saying go crazy with this, but I I think to be just flatly say unless it's approved to say no because it it makes dogs bark or it's too much noise for some people. I don't think that's right either. I it it kind of I don't know. It seems to me that it's we're making a we don't have a problem with this. This is not a big deal in my opinion

there. But here here's one of the pieces we get involved in doing the commercial piece of it. You can set the time that the limit of time of when they are blasted off. It isn't going to be a threehour display. It could be a half hour display 45. The one at Bay Harbor last summer was too long. Way too long. Almost an hour. Yeah.

Okay. Too long. So by let's work with the city attorney. Let's work on what we want in this professional or highlevel display piece of this. Let's work with her to come up with criteria that are that people can live with. But I don't want to see a fireworks professional or not going for two hours, an hour, three hours. Uh I I think that's too much. I I think we should have a time limit on it. Yeah, the time time limit is in the application that you would all review. If you see that somebody's going to do two hours, obviously that's a clear no.

But if but if it's but if it's in but if it's in the ordinance or whatever we pass then then it's established and they know right away without having to even check the application. They know that they've got a a window of this much time to do a fireworks. That's my feelings of that's the one restriction I would say on the commercial or the professional one would be a time limit of what time Mr. Nrop I I I I agree with you. I I also think notification is important. Yeah. Yes. So that people are are notified around that if they do have a dog that needs some um some TLC.

How do you suggest we do this? Well, you know, it again, my experience is in the Bay Harbor, and we all get notices. We there's notices out six ways to Sunday that there's going to be fireworks on this this place with this place and and we're always notifying people about it. So, I don't know how the city does that. You're going to notify all those people in your ward then as well. We can we can use social media and we can get the word out and but I think it's important to notify people in in the surrounding area just all right that's that was notification and length of time. Yeah Mr. to more.

So for my part, I think it's essential that you have criteria. If you don't have criteria, you have to say yes to everyone. And if the criteria is as simple as insurance, you know, those types of things, it's going to be very difficult to delineate among people that apply. So I would largely rely on Laura. I'm sure she'd be able to make some good suggestions for us in terms of criteria and if there should be a cap and that sort of thing. But I think it's really important to have criteria. Thank you, Mr. Wilmont. I I don't disagree with that. But my ba my basic question is if they follow the criteria, is it going to be may or shall when it comes to city council?

I think it should be May. I think it should be it needs to be approved by city council. If it's if it's May, on what basis can we um without facing litigation. On what basis can we say no? We've already three this year.

Yeah. If you establish criteria and some of those are going to have some flexibility in them so that there is some discretion. You just have to have a rational basis and be able to articulate why a particular application, you know, is not going to be in the best interest of the public safety. Um what we want to do is make sure we have criteria that have some objective measures but also again some subjective flexible measure so that you can use your judgment and discretion. It just has to be a decision that's based on those facts and not based on facts that you shouldn't consider and and you know wouldn't consider. But that's what the protection is there for. It can't be an arbitrary denial but it can be a reasonable or rational denial.

Mr. Laura, just for clarity of of Laura, relative to this consumer document, everybody's happy leaving the consumer document the way it is, except for the change for the decision maker to be city council instead of public safety. Yes. Is that right? That's agreed upon. Got it. That was agreed upon. Yes. We'll revisit this uh two weeks. Miss Deore, you have something to say.

I'm just thinking that if if the other part the commercial part's going to get added to this, it's probably going to be another first reading unless the commercial parts separate. I'm fine doing separate. Well, I would defer to Laura. Yeah, I think we could do that as a separate one because it's going to be a pretty meaningful expansion of what's in your first reading, right? We could have first reading on the on the professional one though. Is that correct? Correct. That's what would be the ideal just to get it done with move it on and you guys can hash it through at that point.

Can I ask one questioner? So just in terms of language would Laura would it then go from public displays to to and or private? No, we'd use the language that's in the statute. So it would refer to and there's a few different um it would be display fireworks articles pyrochnic and a couple other terms that are in the statute. So we would try to track that language because those are defined terms. Okay. Got it. Thank you. good with this. Y

we want to weigh in on this. Public can weigh in on this? They come up to the front. First name, last name, address council, not the audience.

Emily Meyerson, 520 Emily Meyerson, 520 Cherry Street. Um, I just I'm sort of confused on the different ordinances and which one's which, but I guess I just want to say I really am against expanding the days that we have fireworks. We have them a lot of days if you add that up. We live in a tourist area. I accept that people like to put them off. There's private um groups for weddings and things like that, but to expand beyond those days, it's hard to prepare you. How do you notify people? I live up on the hill in W 2 and last year when that Bay Harbor one went off it kept me up. So it you would have to notify the whole region. Um it echoed um it is proven the effects it has on PTSD on animals on people who work who have to get up early in the morning you can't sleep. You can say it's just one, but you know what? One person has it at a wedding and it becomes trendy and the next person wants it and the next person wants it and the next person wants it. And I agree with Charlie. How do you know when to say no? If they meet all the the regulations, how does one person get it and not the next? Is that really fair to me? What's fair is you have certain days that you can have it and that's it. And you go within those days. You start expanding it. I I I see that it'll never end. Thank you.

Anyone else want to speak to council at this time? There's someone online. Are you guys ready for them? Please.

Can you hear me? Yes, sir. Sir, uh this is Jim Mlan calling. And uh the one thing that I'd like to just weigh in on as you're thinking about considerations for this is all these fireworks that come to the bay come in boxes and are in packaging and once they drop from the sky, they drop into the bay and onto all the public parks and uh just the public areas. and it is a mess and I would want to see some sort of provisions in the application that they are responsible for picking up after uh the fireworks. Good suggestion, Miss Walker.

Thank you, Mayor. Um I I I take that uh comment to heart as well because non po point source pollution of fireworks in the form of paper and plastics are prevalent post fireworks. In fact um our city manager is very familiar. There is a group of Rotarians who at the end of the Fourth of July fireworks clean up the area along the shoreline and along the um launch site for our fireworks and non-point source pollution from fireworks is an issue. And if cleanup post party and post fireworks display is an option, there's going to be like you have to take into consideration it's falling into the water and then what gets washed up which doesn't what doesn't sink gets washed up on the shore. Um it's usually several days after. So, I'm I I'm kind of curious about how that would look like for a nonpublic display of fireworks that the city of Harbor Springs and the city of Paskki deploy with Rotarians in the cleanup. I don't know what that would look like, but I think that that's a point well taken.

Anyone else wish to speak? Is there anybody else online? No. not online.

Okay, we'll carry on this discussion at the next meeting. There'll be two things. There'll be a first reading and a second reading on separate pieces, the professional versus the uh public or commercial one. Next on the agenda is the proposed adoption of a proposed resolution that would approve uh the Carnegie building historic window assessment and rehabilitation bid award amendment and authorize the uh allocation of $30,000 in the 2026 capital improvement plan budget to address all remaining historic windows at the Carnegie building. I'm going to turn it over to city manager Horn on this one.

Thank you, Mayor. I think this could be a quick discussion potentially. Um, going back a few months, we had talked about the grant that we received, $100,000 for um, uh, window uh, assessment and rehabilitation at the Carnegie building. Um, council asked me to go back to uh our grant organization to reallocate some funds out of um the community engagement bucket, if you will, and and put that into the window uh repair and assessment bucket. Um we were able to get an additional $8,100 uh approved uh by the grant organization. Um uh Val, uh and her board, library board, uh also uh brought forward an additional $10,000 um uh out of out of their funds to this as well as we will receive $10,000 for the 250th Carne Carnegie Foundation contribution. So totaling that new total up, we will have 67,665 uh to go toward window uh rehabilitation. If if you recall, our our uh bid package uh had a all-in cost of about $96,000, which leaves a balance of about 285 left. My ask to council simply is would you consider allowing an allocation of additional funds to allow us to address uh the remaining 34 windows in one mobilization. We have a viable contractor that's sometimes very challenging to get in our region. Uh these are not um these have to go through a certification process at the state to be able to qualify for historic

window preservation. Our our contractor has gone through that. He's they're they're certainly very capable. They have a lot of projects that they've worked on in the past that we've gone through. So respectfully, I would ask for an additional allocation uh up to 30. I just said up to 30,000. the the balance remaining is 285 but um to give a little bit of flexibility uh out of the capital improvement budget uh to really knock this out in one mobilization Mr. more. I'm happy to make the motion as set forth in page 93 and 94 of the packet which could you just give a summary. So

sure relative to the Carnegie building historic window assessment and rehabilitation services. Okay, I support that is picking up the balance as well. Okay, Miss Walker, I have a question. Um, mayor and uh, Shane, where would you propose that the money would come from to cover the 30,000 out of the 2026 budget?

It would come out of the building fund. So, we have a fund that looks at all of our city buildings. Um, uh, a capital capital budget that comes out of the building fund. So, I would I would allocate funds out of that. It remains to be seen yet if that would need to if that would require a budget amendment. we may be able to realize some savings on other projects in that building fund. So, we'll keep an eye on that. If it looks like we're going to go over, obviously, we'll come back for a budget amendment uh to city council, but that's where I would recommend it come from.

Okay. And I have another similar question. Thank you, mayor. Um, so is it possible that the Carnegie building Carnegie building could apply for a facade grant from the downtown management board to cover the cost of the replacement of the windows potentially, especially the forward- facing ones that face Mitchell Street? It's It's possible. I think they've allocated um a facade grant for the Leo's Lounge. Yeah, I watched the meeting. Yeah. So, I think those funds have those funds have been allocated. the 30,000 is the pool and they didn't find any other applications. So, it wouldn't be until 2027 that that money would be available again. Okay. Thank you.

Any other discussion? Public wish to weigh in on this.

No, I'm online. Go to Miss Beck for roll. Deore. I will. Walker. I MTRAB I Murphy I motion passes 50.

Next on the list consideration low versus paskki settlement agreement releasing easements concerning the little Trevor's wheelway non-motorized trail. I'll turn it over to city manager horn. So, in your packet this evening is a proposed settlement agreement. as as you all know and and and maybe the the public, we have been um part of a uh lawsuit with um Gustoff Low and Courtney Low as it pertains to our easement through the uh Little Traverse Wheelway, essentially the failed section um alleging um sort of a breach of contract where we haven't we have not maintained our easement. Um and so based on back and forth discussion with um our city attorney and um their attorney um a proposed settlement agreement has been brought forward which essentially um says that claims would um would be dropped if the easements are um released um for that particular section. So, it's it's important to also know that as part of the wheelway um design project to to to get through the the finish line, we had to reach out to all property owners where we have easements and get their concurrence u to to have this be a permitted project, the rebuild of the slope. Um, we've received no responses back from any of those property owners, which really tells us that we would not be permitted to move forward with having no um support from uh property owners for

this rebuild. So, that would be required before we could even move forward with this project. So that's obviously not part of this agreement, but just wanted to give that clarity that as part of the the uh permitting process, we had to reach out to property owners to get concurrence um to to move forward and and have not received any uh responses back from property owners in this stretch of the wheelway. So obviously our city attorney is on the line um happy to try to answer questions as they are put forward. Mr. Moore,

so Laura, just for the benefit of public understanding, am I correct in saying that the ask of this lawsuit was that the the easements um that these folks had granted their ask is that they be extinguished. Is that accurate? That is correct. However, they have also asked in the lawsuit for money damages. Um, they also have asked for the city to pay for or reimburse them for what they paid for their own erosion control measures, uh, debris removal, um, and costs associated with loss of quiet enjoyment plus their attorney fees. So that's an unquantified number, meaning there's not a specific dollar amount in the complaint. But in addition to uh seeking termination of the easement, the lawsuit seeks money damages. The settlement would involve only the release of the easements and would not involve paying any money to the plaintiffs.

Thank you. Do you give us any other information you wish to share with the public?

Um, sure. Um, I think that city manager Horn did a good job of explaining the context of the lawsuit and the position um that the city is in. Um without I suppose going too deep in the weeds, this is a settlement that um you know that that we are certainly comfortable with city council approving. It gives finality to both the city and to the property owners. Um and certainly whether to accept it is a policy decision of the council. Um but it does eliminate uh litigation risks that you know there's always uncertainties in litigation and my crystal ball doesn't work very well. Uh so that's the thing about a settlement is it does give you uh a finality

Mr. Moore and then again just for the benefit of public understanding am I correct in saying that the complaint that's been filed in this matter is available to the public. It's a matter of public record.

Yes. Yes, it is a matter of public record. Um it uh isn't necessarily easy to find online, but if anyone wanted to requested it, that's something that we could um provide. If we decide as city council not to go with this agreement, could you give me some type of look of a scenario if if uh they were to proceed with court? Um

sure. Um we're fairly early in the case. So the next steps would be some discovery. We do also have a mediation um session scheduled. Uh the court requires us to do that mediation. The point of that is to try to reach a settlement, which you know we've we've tried to do here without incurring the cost of a mediator. Um, assuming there isn't a settlement at that discovery would continue. Discovery means uh further exchange of documents as well as possibly depositions. That could be depositions of city officials, of city staff, past or present. Um and as well we have the opportunity to depose uh the plaintiffs and any um experts or professionals that they've hired to get an understanding of their costs and their claims. Then it would likely go to perhaps a motion of some kind, a motion um on our part perhaps for summary judgement. Um but that probably would be many months down the road. If there were factual disputes then it would have to go to a trial and the plaintiffs did demand a jury trial. Um, and I'll note this is pending in the federal district court for the Western District of Michigan. So, this is not something decided there in the circuit court. It would be decided by Judge Jane Beckerine um down in the federal court.

Mr. Moore, so I will put you on the spot a bit and if you can't answer this question, I certainly understand. But can you give us any estimate of the cost of defense not through a trial but to the time of trial. So through discovery.

So that is somewhat difficult to estimate only because it always depends on how much discovery the other side does. Um so if they don't take any depositions that makes it much cheaper. Um but you can as a general rule if you assumed full robust discovery um and motion practice both sides I'm I think you're looking at between it could be you know 50 to 100,000 and that might also include hiring our own experts to you know counter any expert witnesses that they have. That's prior to trial.

Correct. Thank you. Mr. Wilmont.

So in the in the assumption using the assumption that we might pre that the city might prevail in a lawsuit and maintain the easement in its current form. Uh as a result there are other concerns that the city manager just referred to in terms could you please clarify that again? There are other potential limitations to maintaining the easements. Will the easements need to be expanded or just maintained? And we need permission in order to just maintain them.

Yes. So, in order to be permitted by the by permitting agencies, Eagle, uh, Coast Guard, um, others, um, they need asurances that private property owners are on board with this before they issue a permit. Um, so there's a process that we would have to go through to get concurrence among property owners. So we would be looking at obviously maintaining the easements that we have going forward. There would be some shifting of uh the trail as it realigns more inland um in a few sections. So a few areas would be new easements or an additional easement, but we're always looking at the 20 foot easement. That's kind of where we're where we're looking for. Um some of that would shift a little bit inland, but um we would need concurrence by private property owners to allow us to even go forward with permitting this project

even even if it's 20 foot. Yes. Is that due to construction on the rest of their property or That's just due to the requirements of the permitting agencies. They don't want to they don't want to sign off on permits if property owners are not on board with would that mean every single property owner would here we have an easement how many ements do we have I I don't recall 20

I don't think there's that many but there are number of prop pieces of property that are owned by um the county owned by the city MD dot so I don't know how many um overall we're looking at but Um yeah, all all of those would have to be go through the process. If one of them said no, I I don't know if one says no. I don't know what that threshold is with permitting agencies. What but if we're not getting any response that's that's not a positive direction,

Mr. Moore. So, um, City Manager Horn, I'm not sure if you can answer this question, but when we had the presentation about easements, we were told additional easements would be required beyond what we already had. Do you know whether or not one of the additional easements was relative to this this these folks property? I don't believe so. That's that's not um that's not the stretch we were talking about. additional easements. Thank you, Mr. Nrop.

Ju just to to clarify a little bit, Shane. So, are you're saying that um because I I think you know, we all want to do this. We all have, you know, the the citizens are supposed to be leading the this process. So, in my own thought process on on this settlement, are you saying that if we proceeded with the existing plan, the $20 million plan, I'm just going to throw that out there, that we would not have to go to the lows anyway or we would have to go to the lows anyway? We would have to go to all the property owners that we currently have easements because again, if there's no concurrence to allow us to reconstruct that trail using those easements, then permitting agencies will not permit this project to move forward.

So, so the way that I'm I'm understanding it is that the downside for this not a lot the the upside is is saving a lot of money. The downside doesn't say we can't do it. The Lowe's can definitely do this. You know, they're going to have to be confronted anyway by presumably citizens, public.

So, I'm not seeing where there's a lot of I'm trying to understand this, but where there's a lot of downside of agreeing to this. Yeah, it would be a matter of going back to private property owners and re-engaging them through through an easement process and and maybe it's a maybe it's a city thing. Maybe they have something against the city. I really don't know, but maybe a private entity will would have better luck going forward in getting easements acquired for that section to put back together. But, um, I really can't answer the the concerns other than what we have in front of us. Mr. more

just just a point of clarification to Mr. Nocttra my colleague is that what you were asking like if we agreed to this could private groups go and try to full press and okay I just want to understand your question thank you and if I can jump in with one more thought nothing in this would prohibit or proclude the lows from granting another or different easement to anyone else in the future whether it's the city or anybody else and I think that might be what you're getting at this would relinquish and terminate the existing easements and I'm certainly will not speak to whether they'd have any interest in ever, you know, participating in that, but it would not legally preclude them from doing so.

Miss Walker, um I have a question because one of the um in part of this settlement and the agreement, the release here is said that the Lowe's were saying that that the city of Ataski has not maintained our easement. So that's they're they're accusing us of not of not being good faith partners and not maintaining that easement host sloughing off into the lake. So maybe they would be willing to work with a private entity versus a public entity in the future. Feels like they're tired of looking at ugly as we are as well.

Yeah. Yeah. discussions. I have a motion and a second. We have discussion. I will then include public on this discussion.

Yes. Respectfully, I think my reading of our council procedures allows for hearing from the audience even if there is a motion. I know those are I know that's parliamentary procedure that you're following, right? But I think our our as I read them at least that we could hear from folks before a motion. I of course defer to you council. Do you have other discussions you wish to have on this? motions.

So, so I, you know, I understood and I hear what you're saying. I got to I'm always questioning the process how we've been doing things before we have public comment is is before they can comment on anything, we got to have something for them to and it seems to me that the agenda item is is this settlement. It seemed like we need to get the motion made and then vote on it and and or not vote on it, but then hear the comment. But that's what we've done in the past. I have a motion.

Pardon me. Was that Yeah, I I have no problem making the motion to get it out there. There's been a lot of effort done, a lot of discussions done. Our city council or our attorney is is is did what she needed to do. You know, I have some some feelings about it, but I feel like we ought to get it out there and get make the motion. So, yes, I'd like to make the motion. Do I have a second? The motion. What is the motion to accept the uh the settlement agreement as presented by councel to council? To council.

Anybody else have a second to this? I'll second it for purposes of discussion. Any other discussion? Council, I go to the public. If you wish to speak to council, please step up. Full name, address council, not the audience. And you have an opportunity. The people here first. Yes. I want to say that we'll be doing the people in the audience first, then followed by the people online. and you will all have a chance to speak.

Maggie Crom, Ward One representative. Um, thank you all for doing your job. A lot of things here that were interesting to me tonight, but I did come specifically for the Wheelway um, discussion. I believe that earning those easements in the first place took a lot of time and effort and getting them back would take even more time and effort and I would discourage you from letting go of that too easily. I think it is a gem of our community and the entire state. um that a wheelway going across the beautiful lakes would be a um losing that and we already have for a significant amount of time, but losing it in perpetuity would be a mistake and bringing people to our community to enjoy nature with little impact um that they can enjoy, you know, versus all the other things we were talking about tonight that have a big impact in our community. cyclists, walkers enjoying on the wheelway would have a little impact to our beautiful area but bring a big impact monetarily with more visitors and all the other things that they would bring. Thank you.

Thank you. Anyone else would speak to council? Sir, back here. He had his hand up first.

I'm Davis Leel from Ward 3, address 343 Monroe Street. Um, first I'm going to acknowledge my bias. I'm a big cyclist, so get right out there and say that. Um, but I'm more of a trail user than like pavement. Um, but I do recognize that this is a big economic driver for our region as it is for Traverse City, Harbor Springs, Boone City, many of our neighbors. Um, and I'm no expert. I'm not an attorney, so don't take my legal advice, but I do real estate by trade, um, commercial and residential. I did review um, the easement agreement, and it doesn't look like there's any contingencies in it. So from my understanding, I don't know that the city of Paskki had to do anything in order to maintain that easement. Um, and then as far as suit brought against them for not maintaining it, my thought is this is a classic case of force majour or an act of God, something that's out of the city's control. So, if the city's decision down the road is to not move forward with the plan to redevelop the wheelway, it's kind of a mute point. Um, but if we're closing that door, I don't think it should be because a resident strongarms us into it. Just my opinion.

Thank you.

Anyone else wish to speak? Brent. Good evening, Brent Poland, uh, executive director, top of Michigan Trails Council and resident of Ward One. Um, so it wasn't so long ago, the last time I was standing here talking to you guys about restoring the section of trail, it's just November 6th, and this lawsuit is only about two months older than that. Um, and so again, I'm also uh not a lawyer, but uh this would be world record time, I think, for settling litigation. Uh, so I'm a little curious as to what the rush here is. Um, I also couldn't help uh but noticing that, you know, of course this was discussed in closed session as is appropriate privileged attorney client communications, but the disposition of this litigation is the city releasing an extremely valuable public recreational asset. So, I think that the public is entitled to a fairly detailed explanation of why you think this is the way to go and more than what has been offered tonight within the limits of whatever you deem to be attorney client privileges. Um, I also had couldn't help but notice recently there's been a lot of discussion uh about the public process or lack thereof regarding the plan at the Winter Sports Park. And I would just like to point out that there has been no public process on this decision. Uh when I stood here November 6th, we agreed that the city was going to look at alternatives on US 31 and a public fundraising campaign would

continue to look at restoring the original trail. I have to disagree. If this easement is released, you go from having something, a tangible property right to having nothing. Having nothing is a very hard position to negotiate from. And if the city by releasing this easement has essentially backed out of restoring the actual wheelway as a partner, how can I on behalf of the trails council negotiate with individual homeowners to build an easement or to gain an easement and build a project that I don't have the right to build? So what you're deciding tonight is we that this is not going to happen. So just so everybody's clear, despite whatever legal ease is there might be, this is a yes or no on restoring the trail. Not very long ago, you said you were still in favor of it. And I understand things change, but this lawsuit was on the table at the end of August. So this was a known situation and so someone from council asked to estimate the value or the cost of litigation. I wonder what is the value of the easement that the city is giving up. Just if we're going to compare costs that's a right that is being given up by the city. And I think if we want to have robust public processes around public spaces, as was discussed for the winter sports park, you all were here the night of the public meeting when on the restoration

plan when this room was filled and the overflow room was filled. Look at how many people are here at 8:45 with very short notice of this meeting. So I think uh this is not representative of the interest the community has shown in this project and um I'm not sure what the rush to go ahead with this today is uh what is so pressing uh about resolving this litigation right now without having uh a public conversation about this. I also have any number of other questions that I think have not been addressed. Um, including, you know, what potential liability is being avoided? Um, you know, I I think, uh, and this was referenced by another speaker, what kind of precedent does this set for our parks and public spaces, right? How are we treating the property and the places that you all hold in trust for the residents of this community if you know one homeowner can extinguish something like this? Okay. And then I also just wondered uh and again I guess this is your problem not mine but has EMTT County been consulted about this because the prop they purchased property using DNR trust fund grants with the understanding that purchasing property with DNR trust fund grants requires making that public property open for access in perpetuity. the easement that the city h holds

is the access to that property. So depending on where you decide to cut off the existing trail, which is another question I have, you will be removing potentially the public access to the parcel of land that the county owns and they have a commitment with the state regarding that. So again, this is potentially large ramifications for future county funding from the DNR trust fund. If they were to violate that agreement, they would essentially not be able to receive those trust fund dollars ever again for anything. So I would hope that you would talk to them about this. And then I think um you know, sure we could talk about reconnecting the trail along US 31, but again, where is the existing trail going to end? Where are you going to tear it up? How are you going to stop people from going there? If we've seen anything over these few years, it's that people will go past whatever fences. If Kendall was here, he'd tell you he put up eight fences. People went around all of them. Okay? So, if you're going to have essentially a dead end at two end sides of this trail from where it existed, right? Like there's there's a lot of questions I think that need to be addressed um before this decision is move uh move forward. So, you know, it's been six years since the wash out. We can't take one or two more meetings to have a conversation about this. So, that's my comment. Thank you. Anyone else with sleep, sir?

Good evening. My name is Tim Dystra. I live in Harbor Springs. I thought it was just a couple comments and one question for you. I thought it was interesting that when we were having this wonderful discussion of awards that were issuing from the police department earlier this evening, two of the rewards had to do directly with activity on cycling trails. Very important, I think, for us to realize. I have just one question I'd like to ask of you folks as you consider these very significant questions tonight. And my question is this. Is it appropriate for the interest of a single property owner to supersede those of thousands of people who provide the Paskki region with tens or even hundreds of thousands of dollars worth of economic development and activity? Thank you.

Anyone else wish to speak to council at this time? Emily Meyerson, 520 Cherry Street, Ward 2. Um, I look around and the city attorney and city manager and all of you, none of you were part of this project when it got put together. I was I'm the only one in the room that was. I made the first map of every easement that was needed along that corridor. I worked with city staff. I worked with county staff. I worked with township staff. It isn't one letter sending out to residents and think they'll come back. It's lots of meetings, lots of time to create that corridor took thousands of hours and lots of dollars. So Tina asking about one amount for a lawsuit doesn't take back what someone else said of the of how much money this corridor has brought to the community and how much money has already been spent and would be wasted. The only corridor connection we have between Bay Harbor and the city of Paskki is this corridor and you're going to break it off. You're going to you're going to take it away and you don't ever give easements up. I mean that that's part of it. So, I I don't think it's a good idea. Um, I've heard talk about a a trail up above, but I've seen no plans for it. You don't have a clear corridor there. You don't have clear right away. I know. I've built trails. There's lots of limitations related to things like cemeteries that don't allow you can't put a trail through there with public funds. There's lots of limitations. You have this corridor. I agree with what what we've heard already about the economic impacts um about the fact that

the public really didn't have time to respond to this and it just makes me sad that you would think about giving it up in just one swell swoop after 30 years 30 years of time has gone into this. This has been gone for six years. It's a transportation corridor as well. If a road got taken out, do you think we'd still be talking about it? it would be rebuilt. So, I just really please don't do this. And then I do have one question I was thinking about when I heard other people talk is I thought that um and and maybe I'm wrong and maybe an easement's different, but that it has to go to a vote of the public to get rid of recreation lands. So, how do you just get rid of this through a lawsuit? Doesn't it have to go to the vote of the public? And I I don't know that answer because this is an easement, but it's just a question. Thank you.

City attorney, could you answer any of those questions that were posed? Um, I'll start with the question about access to a county parcel. And I'll say I don't know much about that except that the easements are limited to non-motorized use of the trail. So, I'm not sure how they could be used as access to another parcel. presuming that means something other than people walking on the trail. Um, I'm pulling up your charter to address the second question as well. And I can Excuse me. No, no, no. Let her or listen to city attorney.

One person speaks. Continue, Laura. Right. Thank you. Uh, and then I'm just pulling up a section of your charter. Um, actually, if you want to go to one other, you have more public comment. I know online and come back to me. That would be helpful. Okay, you're just sir. We'll go through everybody first and then a second round possibly. Sir.

Hello. I'm Cameron Chup. I live at 210 Wesley Street. Um, I am very concerned about this vote because I've lived in Paskki for three years as of tomorrow and I have not got to ride this part of the trail on my bicycle and I don't drive in the summer because it's so wonderful to bike here and I've been eagerly awaiting for the rebuilding of this the entire time I've lived here and I do not think that uh the private property owners will be very kind to us if we have to re-evaluate these easements. Thank you. Thank you,

city manager Horn. Is it correct that if that if we did this project as as given, we would have to go through every one of these property owners with a signature of of an agreement or an update on an easement.

Yeah, as I said before, there would need to be some concurrence of property owners. Yes. Not just one, but Sir Spencer Lindenberg. I live in Bear Creek Township and um just a thought. I wasn't sure if eminent domain has been considered being pursued for any of of this. You know, parcel that is just a very valuable parcel to public recreation, to the greater good. Um, and then having, you know, potentially a small group of land owners be able to kind of put their wishes on what they want to have happen with this with these parcels with these easements. Um, just seems like a very u poor use of the property, not its highest and best use in my opinion. So, thank you.

Thank you. Anyone else would speak to council? How about online? We have hands up. There's several. So, I'm just going to go based on how I saw the hands raised. If you're okay with that, mayor. Yes. Yes, please.

So, the first one is Christian Jansen's if he is still wanting to. Christian, were you still interested in speaking? So, he muted himself. I'm assuming he's not interested. Um, the next was Christopher Waltz. Yes. Can you hear me? Yes, sir.

Thank you. Uh, Christopher Waltz, 614 Grove Street, W 2. Um, I have a couple comments and I think there there needs to be some clarification also. So, I I do a little bit of work in easements and my understanding is you guys have the easement and giving up the rights to that that easement is gone and you will never get it back by getting you'd have to get every single homeowner, land owner, property owner along that path to resign the section of easement that you're talking about giving up because of this one lawsuit. The clarification that I think needs to be made is with the permitting agencies for the project, the $20 million project, they are asking for homeowner input. Basically, it's not if you don't get anyone, they they won't approve it. They still would have to talk about that is my understanding. Whereas easements, you need everyone to sign off on that easement. Um, so I wouldn't say the plan's necessarily dead because there hasn't been response. I'd also like to know what what type of um inquiries and outreach has been made to those those property owners. Has it just been an email? Have people gone to actually talk to them? Um, that's just another question. And I'd like to just kind of end my comments that I've moved up here about six years ago. I've never had the opportunity to use this section of trail. Um, it's one of the reasons why I wanted to move up here and start a family. And you guys are talking about getting rid of it essentially that section by getting rid of the easement that you currently have that you currently have the right to do work within because that easement has already been established. Um, and that would be a shame to lose that. And that's all I have to say. Thank you for your time.

Thank you. Anyone else? Uh number next is uh So you want to call them out, mayor, or want me to still go down the list as they go down the list? I see Scott Patello. Yeah, but there's people that actually chatted first. So one uh the next one it was Mr. Low. Okay. Dr. Low. Hi, John. Can you hear me?

Yes, sir. Uh, thanks, mayor. Thanks, Sarah. Um, just just very briefly, so for for notification, my wife and I are the are the parties to the lawsuit, and this um this has already gone long into the night, so I I'll be very brief. Um, the uh the the the issue here, I think, is being misunderstood. Um, in order to proceed with repairing the trail, which is probably a 20 to $30 million project, um, the uh, there have to be new easements. The the repair plan includes getting additional land on easements and they'd have to go to a number of different property owners and get a much wider uh, swath of of easement going all the way down to the waterfront. Um and uh and what the the city and county found when they when they started asking about this is that there was very low interest in uh in giving these additional easements. By the way, mine my our property was not one of the ones that needed an additional easement, but there are other properties that do. And so it's it's not simply a matter of um of of going along the same path that exists uh which you know if it could be done it it it probably would be planned that way but but it can't be done and that's one of the reasons the trail has fallen apart um is is that it can't be done in the way it was done before and and still still survive the vicissitudes of northern Michigan weather. So more stuff uh more easements have to be uh have to be obtained because we feel that it's very very unlikely that those are going to be obtained and because we feel that funding is going is very unlikely to be obtained at at that level. We

decided to try to uh get our property back because as uh as Miss Walker said, we're tired of tired of looking at ugly. uh there are security issues, there are safety issues, there are uh there are ugly issues and it hasn't been maintained and and we're really not angry at anybody about about it because you know it's it's a very low priority when it's closed. Um, so, so really we want our property back for now and as the city attorney stated, this does not rule out coming back at some other time and asking for those additional easements from all those other people and from us for the same easement that we uh granted before. It doesn't rule that out at all. But right now, we just don't feel there's a credible plan um or or a pathway uh forward for for this to happen anytime soon. It has been 6 years. 6 years out of the public eye, it might not seem a very long time. 6 years when you're living with it every single day and you're wondering whether it's ever going to change, that's a long time. and we decided that we'd really like to do something with that property now or as soon as possible to now. And again, it doesn't rule out what might happen in the future. We enjoyed that trail every single day more than almost anybody because we were able to use it every single day and we're real sorry that it's gone. But that doesn't help us right now and it hasn't helped us for the last six years. Thanks.

Thank you for your time. Anyone else? Next on the list. Yep. I'm going to go to Christopher. Sorry, Christian Jansen's. He was having technical difficulty. Christian, you're unmuted. and he muted. So, we're gonna move on to Scott Patulo. Scott Patulo. Hi. Can you hear me?

Yes, sir.

Okay. Thank you. Um uh so I live on Towns and Road. I'm not a resident Paskki. I live on Towns and Road um above Bay Harbor. Um but um I have ridden the wheelway on my bike into town countless times and I have driven countless times along the the road and watched the people ride their bikes along that what I consider to be completely unacceptable bike path. Um, and the one thing that sort of hasn't been said here tonight, it probably was said at some of the prior meetings back in November, which I did not um which I did not see, but I it is inevitable that someone is going to not be focused driving that curve by Eper Road and they're going to kill some young kids on their bikes. It's inevitable. And then I will watch the Paskki City Council meeting after that with the hand ringing that will say, "Wow, we should have done something about that." Um, and I, you know, I've read the engineering reports. I realize it's a gigantic investment to fix the mess that's there. And, and I'm certainly not going to opine on that, but the current situation to me, every time I drive down there is completely unacceptable. When I see a young child prec precariously riding along, they they can weave out from those silly little plastic, you know, barriers that you have there. And so, no one's made that comment what the cost of that is. And I would argue it's pretty substantial. Um and then and then the other comment I would make which also kind of hasn't been made is um is my understanding that when these

easements were were built to make the the wheelway that the property that the Lowe's owned was actually bought by the county um for a substantial price and then the easement was attached to it and sold to the Lowe's at a discount. So, the Lowe's never granted that easement as I understand it. Um, they bought that property with the easement knowing full well um what they were buying. Um, and so there's an econom there there's there's a price tag there's of what that easement is worth and you can look at the difference between what the county paid for it versus what the Lowe's paid for it. Um, in any case, I'm sympathetic to to the property owners there. I really am. and the fact that nothing's been done and um and and I don't want to paint them as bad people. They're I'm sure they're they're they're good people and they were good enough people to to allow the easement in the first place. Um I just think that there will be a tremendous price paid for inaction on this bicycle path. And um and there will come a time it maybe not be this council but it'll be it'll be a different council um and um and they will say oh my gosh you know we should have done something um to to fix this situation. So that's my comment. Thank you.

Thank you. Continue on. Look Sarah

someone by the name of resident This is Jim Mlan again and uh it's really great to hear that both sides of it and I appreciate Dr. Lowe's's comments about it as well and I don't have the backstory of property ownership whatever but it seems like someone is we're all wanting for this to happen. We've all enjoyed it. We all see a future of having it. And I would really encourage the council to think long term. Think of the long endgame of what we can what we have today and what we want to create in the future. And I think if we just make this short-term decision, and I realize that 6 years has been a long time for property owners to look at this, but I do think that there is a path forward where we can all work together to get this thing done and to reinstate uh the wheelway. It doesn't have to be us or them or get sides together. I think that we need to work together and actually reinstate it because everybody enjoyed it. you hear it all the time and it is an economic driver for the area and it's a great asset for all the residents and the um and the resorters as well. So I just encourage everyone to just keep working together, keep sharing information and really keep an eye on long game.

Anyone else wants to see? I see no other hands or comments. Emily Myerson. Emily Myerson, you raised your hand to speak. Oh, sorry. I was just trying the attorney asked if um it had to do with access to the property and I was trying to explain that it is pedestrian access because it's recreation land. So, that's what it would be referred to as that correct.

This This is Laura. I couldn't hear that comment very well. Could someone summarize it for me or could she speak in the microphone? I'm going to have her come and speak up to the mic. Emily,

sorry about that. Um, I was just trying to say the access that Brent was referring to to um, recreation lands. It's recreation land. So, it's not vehicle access. It is pedestrian access. That was that was all was just to clarify. Yeah, I always speak to what the easements say, which makes it very clear it's solely for the non-motorized passage by the public, walking, roller skating, etc. So, I can't speak to what the county has or hasn't relied on. I can address the charter question. I just wanted to pull up the language and it would not apply here. Section 1.4 For the charter provides that all public grounds used for park purposes shall be inalienable and in no event shall the city council sell, lease, encumber, trade, or divert to another public use any public park grounds without first securing the approval of a majority of the voters of the city voting on the question in any general or special election. I see nothing in the charter about recreation generally or trails. I don't believe a non-motorized trail is the same as a park. Really, you can't do any of the things that you do at a park. Um, and I've had a few other cases in other cities with similar charter provisions that really focus on the the dedication and use of publicly owned land as a park. Um, and I don't think this fits here. If it's something council wants more of an analysis on, of course, I'm happy to do that. Same with any of the issues that the public has raised. Um, but just reading the charter language, I don't uh believe that a non-motorized passage is a park.

Thank you.

You want to Yes. You I I Maggie Crom, Ward One represent uh resident. I don't know the definition of a park legally, but I would say as a whole that was a huge park that thousands of us used on a regular basis and we recreated on it all the time. I'm a over 30-year resident and I love that trail. Thank you, Mr. Knob, I I I made the motion, so I I wanted to um just Oh, are we are we done talking?

I'm on you.

So, I love the trail, too. I've been here a long time, too. Not as long as all you guys. Um it is an amazing thing. I think the public safety issue is also probably the most important thing. And I'm getting a little confused, but I think we have to be very committed to getting it off of the 31. All that risk everybody, you know, I have my grandchildren all you have, oh, there's a squirrel over there and you kind of weave over and all of a sudden you're there. So, I get all that, but I've heard enough tonight that I'm a little based on where I was going with this. I heard enough tonight that I'd like to have a little bit more time to get a 100% clarity on the implications of proceeding with this project because there is no question that I understood that we could not proceed regardless without getting a lot more easements. So, I'd like to withdraw my uh my motion um until I get 100% clarity on the permitting requirements and and the legal issues around that.

Mr. Moore. Yeah. And as I stated when I made my second, it was for purposes of hearing from all of you. So, it was my intent to withdraw that as well to allow the opportunity for more wholesome public input, but I didn't want to do that till everybody was done talking, right? It's a process that we've had for I don't all these years. So, if we want to change it, then I guess when we do process and procedures, we can change process. But, Miss Walker, no comment. Mayor, you have no it was just a side. Okay,

everybody's had Everybody has spoke. You've spoke twice. You spoke twice. Have you spoke twice? I'll give you one more time.

Thank you, Mr. Mayor. Um, so I just have this is maybe a clarifying question for all of you to think about and for the city attorney to consider. Uh I'm certainly not going to try to, you know, debate uh the meaning of a park under either common understanding or as it's been interpreted by courts in the state of Michigan. Uh I do think it's fair to point out that a great deal of recreation occurs on the easement in question. But here's where I think you run into an issue, right? So I'm looking right now at the map. Okay. The city owns a parcel numbered 200-9 that bisects the uh like Pineluff condo association property. The trail runs along there, right? So, and then after that it runs onto a parcel of county owned property, then city- owned, then county owned, and then eventually you get to the private property. Okay? So, here's the question. If releasing this easement doesn't meet the charter definition of a park or whatever, that's fine. What about the parcel of land 200-9 that the city owns and that the trail runs on now? Is that a park? If you stopped running the trail there, would you have to have a public conversation about that or could you pull up the trail there and close access to that? These are the kinds of issues that I think that's what I mean when I say how you do this is complicated because there's complicated ownership and legal questions related to the property rights governing the various public and private ownership stakes along here. So if we're going to be taking time to gain a little bit more information, I just wanted to share that I thought that's something that should perhaps be clarified. Thank you.

Thank you. So, it's obvious you guys want everybody here wants more information. I'm I'm totally in favor of I I wish this park was was built park. It's a park. He just said, but he said

whenever I called it, I made a mistake. Wheelway, excuse me, the wheelway, but it is not a park. I have been through. We have been through easements and stuff like this when we had the people's park down down there. I've been through a whole bunch of this with the city attorney at the time and what is and what isn't a park. This is not a park as far as I can understand. Am I right, Laura? That's my opinion. Correct. It is not a park. Yeah. So,

what what would you need to make it part? Well, first let's also focus that it's public grounds and I, you know, like I said, I'll I'll provide whether whatever additional research and analysis can help council. Our goal is always to get the most information and obviously the most accurate information. But when we're talking about public grounds used as a park, that denotes more than simply an easement over private property that people can cross. The city does not own fee title to this and the easement that's drafted contemplates that it can be relinquished when the city entered into the easement. It it's not a it it's not permanent in that sense that it could never be undone. It's not conveying fee title. It is conveying an easement for a very limited purpose

for a wheelway. So um we can we can convene this in two weeks uh discussion or in a month. Uh Laura, give me a feedback on where it stands with the the uh negotiations etc that are there right now with Dr. Low and and

Sure. We yeah, we have mediation, ironically enough, since we're here talking about settlement, but we have mediation scheduled for April 14th. Our mediation briefs are due April 7th. Um, so I'd like to have another council meeting before that on it. So, I'm fine coming back in two weeks. It doesn't mean you have to make a decision that night. Um, but if whenever you want to put it on the agenda, um, I'll be prepared to talk about it. And the cost cost to doing this.

What What does it look like if we go to mediation uh all of this negotiations? What what is the city looking at for funding cost? Right. So, with mediation, uh typic and I'd have to look back at our agreement, but generally the parties split the hourly cost of the mediator. So, you're paying my fee and half of the mediator's hourly fee. The mediator probably charges more than I do. Uh and then generally those are meant several hours. I was on a mediation today that was three and a half hours but you know this one could I don't know how long it could be. So and there's prep involved. We have to draft a mediation statement along with your fees

on top. Yeah. Along with your fees on top of that. Correct. Yes. I I you know let's miss you want to speak Laura. Are there any time constraints on the current offer of settlement? Not to my knowledge. No. Okay. Thank you.

Okay. Uh what I will ask uh city manager really if you council if you're okay with waiting until after April and they have negotiations with with uh Dr. Low and Courtney if that's what you feel you want to wait until to make any decisions. I'm suggest I suggest that if that's what you're where you're headed. Yes.

I I I don't disagree with that. Uh, mayor, mine is more fund a little bit beyond that too. Mine is is getting complete clarity on what is needed to do this project in terms of the easements and and I hear it, you know, I I hear what Dr. Low said and I Dr. Low, by the way, I give you a lot of courage and credit for showing up. You're a great guy. Um, and I and I appreciate that and I know you're being sincere, but I'm I'm just getting a little bit of conflicting information as to what is legally required on these on on getting these other permits and have we done enough work to to get the interest and and that's I' I'd like to understand that a little bit more in addition to this whole mediation process.

Okay. If I can add one comment on the mediation, uh, and I'll defer obviously to what you want to do, but we need to have direction from council going into that mediation or else it's not going to be a good use of your money.

Um, because obviously all the entirety of council cannot be in mediation. Um, so as of now we have it's scheduled for Shane to be there as sort of a city representative and then with some direction from council and then whatever if an agreement were to come out of mediation then that would come back to city council exactly in the manner I don't know what you know might be different terms but right it would be a settlement agreement in your packet just like what we've done here. So I guess my only concern on tableabling this till after mediation is mediation may may not be very productive. Yes. I don't see it as very productive myself. I Mr. De Moore you have something.

Well my question would just be when I'm looking at the settlement in front of us right now since it's an extinguishment of the easement with no monies paid in association with that. The only outcome of a mediation that I can think of that would be superior would be if the Lowe's agreed to drop the lawsuit. Am I wrong in that thinking? Uh I'm trying to think of if there is any other creative middle ground and I frankly haven't given much thought to that but I think generally your point is well taken meaning right we there's no there's no money being paid as part of this typically in a mediation one of the things you're arguing about is how much money is going to be paid

Mr. Wilma

I agree with uh my colleague Mr. in terms of wanting to have a much more comprehensive understanding definitively on what's involved with the easements. But I' I'd actually like to take it further than that and say what's the plan for moving forward in terms of repair of the trail itself. Is this going to be a private fundraising plan? And if so, who's going to handle it? What what's the plan? we we're we're just kind of spinning our wheels on this issue of of of easement, but I'd like to know how do we move it forward and uh if there are contributions from the private sector for that, I'd like to hear those contributions as well because $20 million is a lot of money. And if we're going to spend $100,000 defending a lawsuit, we ought to know that there is a a an objective, comprehensive plan for how to move forward. And until that time, we're just wasting more time

and money. My my concern is that 20 million or 19 million last fall, last summer

basically was if it was all going to be bought and all the material and everything was all set to go last summer. They told me, well, we're now a another summer, another summer. That thing is going to cost2 million, something like that, by the time it even gets started. the city. If the city were to say, "We're going to fund $10 million of it and public everybody else is going to put 15 million million. It's going to cost us 20 years at $750,000, $700,000 a year. I don't know where the city is going to get $700,000 a year for 15 20 years to help pay for this bicycle path when it's only going to cover uh 10 million out of the 25 million. I I have real concerns about how where where's the money coming from and the longer we wait to me if this bottom if this link front is not going to work spend the exercise the money start looking at putting it up on the highway area. Um I feel the safety of it. I I I just cringe every time I drive to Charlavoy and I see somebody out there riding the bike looking around and it's like, "Oh my god, please don't let me hit him or don't let them pull out in front of my car." Safety is supposed to be the number one thing for the city and that's why the number one department in the city is public safety. And I think we need to start looking at is there somebody going to agency or group going to step up and say we got the we're going to start the thing on 25 million and we will get you 25 million. Otherwise I think we need to start evaluating what as Mr. Wilmont said what

is the end? What is the end? Mr. Wilmont.

Yeah. Um for clarity, my understanding is the city is moving forward and will be looking at engineering contracts specifically related to uh building across the swale at the bottom of Eper curve to get the trail on a bridge outside of the bike path. That that is happening and that is addressing the public safety issue. That doesn't mean that two things can't be true at the same time. That doesn't mean that the city is against restoring the existing bike path. It just means we don't want any deaths and we want to advance that as quickly as possible because even if we had the $20 million and decided to advance it today, it'd be a couple of years before uh before the bike path could be repaired and people are at risk in the meantime. But we appear to be moving forward with that anyway. Is that correct, Mr. City Manager? So that if that's established, the question is al the alter the alternative to uh to the highway is rebuilding the bike path. What's the plan? We're talking about easements, but easements are a small part of the plan. How are we going to accomplish it? And in detail, where's the money going to come from? Who's going to get it? And that's not necessarily conversation for tonight, but some answers I would be looking forward to finding. I can tell you that I talked to uh Demuse and he told me you guys will be lucky to get a million dollars because we don't have that kind we are not giving that kind of money out

towards recreational

processes housing yes recreation no and that's what the feedback I got from them when I've talked to uh Fairburn as well Brent you wish to I'm a little confused about the direction of the conversation just now. When we talked about this November 6th, you guys said trails council, you should take charge of this and go raise money. The city supports you and I said we need a supportive and engaged city to be able to go forward and do this. So, we have been making plans to do this. I found out today that you guys are giving up the easement. We need to build the trail. Okay. So, that's the plan. We were working on it and I found out today that you guys were taking away the easement that we need to do the project. So if the city is not a willing partner, I could raise $100 million and it wouldn't matter cuz I can't go build it. Okay? So it takes two to tango here. On November 6th, I thought we were tangoing. I found out today we are not. So that's where things stand.

What's the timeline for this for 25 million? What's what is your plan for 20 million?

Okay. Well, so right now we're talking about saving a few thousand dollar on the cost of going to mediation in April. We're sweating that and you're up here asking me when I'm going to be able to produce $25 million. I mean, you guys, it's like this is definitely going to take time. The US31 reroute, I promise you, is going to take more time and money than you think it is. And you're going to build something. It'll be cheaper, but it's not going to be the thing anybody wants. But my point is there has been communication between the trails council and the city for years about this project. Since November 6th, I there has not been communication. And now we have been putting some things in place, having conversations, doing outreach, starting to plan this campaign and found out today that the city wanted to relinquish the easement. So that's where things stand. Mr. Wilmer.

Well, perhaps um we could uh arrange for a better understanding of what uh the uh Trails Council plan is by the time the next meeting comes up so that we have a better understanding of how in detail they wish to proceed because uh a partnership like that could be very valuable. uh because it's going to take a lot of people in a lot of a lot of hands to come up with $25 million and get this done. So if if if what we're talking about is a public private partnership, I'd certainly love to hear the details of that plan. Mr. Mr. Knob,

you know, I I'm um I'm getting more and more frustrated myself here at this conversation. Um, and and I'm I think it's a little unfair to say the city doesn't want to support the Wheelway. The city has spent a lot of money on this. There there has been a lot of effort. And I sat through these meetings, too, and I see a $20 million project after we spent hundreds of thousands of dollars for this thing. We're having the Eagle grants, and I go right back to the fact that we all sit around, we want more time. It's all bologoney. I mean, it's bologoney to me. We need to get this the the highway fixed for safety. I don't care what you guys I want the miracle mile, too. I understand that this settlement and and again, if I'm wrong, I understand it doesn't mean one thing whether we give up I don't want to give up easements either, but I also don't want to just keep spending money on something that's not going to get us any result. And I understood that we're not going to get whether we settle with this or fight it, it's not going to get us a darn thing. And I'm worried about $20 million. And I have heard crickets also about what the plan is in November. I don't know if there's been any updates. I I have had no word is yep, you know, that meeting was good. We got $15 million or here's what we're doing. We're I don't know any of that. All I know is we don't I don't want my grandkids or anybody else's to get killed and and someone to sit here and say, "Well, the council should have been doing something about it." Well, the council did. You guys, the public are supposed to be getting a plan together. And in the meantime, what do we do? And I I take objection to to this is is if if if I do,

Mr. Moore. Yeah. I appreciate what Mr. Nacra is saying. We find ourselves here tonight not because of something the city instituted but because of a lawsuit that was instituted against the city. It was very interesting tonight and I certainly defer to the record but Dr. Low this evening said he doesn't rule out coming back. He doesn't rule out going forward but for now it doesn't work for them. And I think that's really important to put into this pocket of consideration as well. Thank you,

Miss Walker.

Thank you, Mayor. Um, as always, good public discourse. I really appreciate this. It's it's been my position here on city council that the city has really put their neck out on the line on this on this project since the sloing into the lake due to a force of nature, climate change, whatever high rain inundation, wave waves coming in from the bay. Um, and so once again, like Brett had outlined, it's city, it's P behind Pine Bluff Condo, it's county, it's city, it's county, it's private. Like, where is the other public entities and partners in this? like we've had no coming together with the county on on on figuring out that everybody was at the table during the DNR trust fund monies and the easements being granted in the construction and of this bike path, but like where do these other entities sit now? And why is it all on us and has been since 2020 when it sloughed off into the lake? So I just I wonder about those other entities coming to the table to be partners in this strategy beyond the public and the trails uh council.

So giving Shane directives and and Laura city attorney what do you wish for them to do for the next meeting or the two meetings or in April please come up with something Mr. more. I just have a question for Laura. Laura, is the mediation court ordered or is it arranged by the parties in this instance?

So, we arrange it, but the court requires us to participate. It was referred to mediation, I think, would be the correct way to put that. So, I'm I'm not suggesting this at this point, but if if um you thought it was wise given timelines or whatever to adjourn it to a later date, that would be a possibility. Um the Lowe's would have to agree to that and it does take the mediators book about, you know, four to six months out. So, we booked this many months ago. So, it it's a possibility. Extending deadlines is a possibility. Again, it just has to be mutual. So, the Lowe's would have to agree to that.

Yeah. And I'm certainly not recommending it. I'm just understanding the lay of the land. Thank you. Yes. Um, Dr. Low, can you extend this for a little bit? I know that's awkward to do, but that that's the only way. Otherwise, we need to keep moving. And I don't know that we can ask him. Wait, I I don't think we can ask him to commit to that without talking to his lawyer. I'm not comfortable with that. No. What are you asking for the city attorney and for Laura to produce for the next meeting or two two meetings from now? Mr. Wilmont,

my request for the city would be to um prepare a a fresh presentation about the limitations and the easement situation uh through the entirety of the area that would need to be reconstructed and be able to provide council with more detailed information on that. Uh but as far as the overall plan for the development is concerned, that would have to come from a combination of uh the trails council and or any other public or private party that wanted to participate in in this. And I think I do think that another thing the city could do is reach out to the surrounding jurisdictions and find out uh whether they're willing to participate in a group conversation about uh the future of the of the of funding the bike path restoration. So, uh, as far as the city manager is concerned, I don't have anything for the city attorney, but as far as the city manager is concerned, it would seem to me that we need more clarity on the limitations that we're facing um, administratively with regard to easements and uh, andor operational concerns that they that they feel going forward with this plan. And then the rest of it is bringing other partners in. And if no other partners show up or if they don't have a cogent plan, then we'll have clarity,

Mr. Moore. Oh, no. I'm good. Really? Wow. Okay. M. Walker, you have a hand up. Could we explore um possib could we explore possibilities of eminent domain and a millage to pay for this? paper Laura eminent domain does not follow fall fall into this area does it at all?

Uh we would probably want to do some analysis on that. I know we've had some discussions with council on the the role of uh of condemnation eminent domain proceedings. Uh so we'd have to look at that. And when you say fund this, you mean the railway and not the lawsuit, right? Correct. Yeah, that's what I meant. Yes. Yeah. Correct. No, no, next meeting or thereafter. Shane, do you have any questions for councel? It may not be the next meeting. I I don't know that we'll be able to pull that together. Um likely getting Bayer back involved,

but we'll Okay, we can do All right, Mr. Moore. And just for the record, I'm absent on the meeting following the next meeting, which is April 6, which is the meeting we usually don't have, but we're having. So, and I'm asking council this up here. Um, so are you good to go? Uh, you can send to city council for individual responses if you wish to gather more information from them. that would work.

What I'm gathering and council, you can, you know, correct me if I'm wrong, is that I I should reach out to the Lowe's council about um adjourning mediation, but if it's not adjourned, we will proceed or are we just going forward with it? Where are we at? Not if it's I don't know, Miss Deore. Laura, if we have is our next meeting too late for you to undertake that depending on what our discussions are at the next meeting.

No, if you discuss this in two weeks, that's plenty of time. Um, my mediation summary is due April 7th. Um, so even if there were I know you're not going to be here though, council member Deore. So if it were, you know, even on the agenda, I don't want to belabor your agendas, but up to the sixth, you know, whether it's next meeting or the sixth, I can incorporate that into my mediation statement. Okay. Thank you. We have some time. Um, I'm going to uh ask two things. One is we eliminate number nine tonight. Okay. Push it back. You good with that?

Okay. Are we just for clarity on F, we're tableling that officially, right? Is that Yeah. Do you want Yes. Yes. Have a motion. We don't have a motion. Could you postpone it to a specific meeting? Do you need a motion? Yes, please. Specific meeting. Um, I move that we uh table the matter of Low versus Paskki settlement agreement to the next meeting of the city council. I don't know. Well, she's not going to be at the one following. So, what we do next? Well, you have to cancel mediation.

We will do the meeting in two weeks. Okay. If we table, you know, if we decide that that's not where we're going with it, it ends up in a month's push. Well, if we just table it till the next one, we can table it again if we need to. We'll have Okay, everybody good with the motion then? Okay, but I I support motion from Miss Deore, second from Mr. Wilmont. Any discussion? Public wish to weigh in on this? I go to Miss Neck for roll. De Moore I Wilmont I Walker I Nocttra I

Murphy I motion passes 5. Number nine uh discussing policies and procedures. We'll postpone that to the next month. Don't need a motion on that. The other thing I'd like to talk about is I think there's things coming up. I talked to city manager on this uh April 1st meeting. She's or April 6th. She's going to be gone. Are you would you wish to postpone it or cancel that meeting at this point? I'm I'm here.

Yeah. I you know from the beginning I I think it's a good practice because the school is closed then so a lot of people are out of town. The mayor made a good point that people can watch on Zoom. I don't think they're doing that while they're on spring break. So, I mean, to my mind, I think it's a meeting we we should not have, but that's just my opinion. Thank you. April 6th. We can wait until I Huh.

I would require a motion. And here's why. Because we already had a motion to set the schedule for the year. So, I need a motion to cancel that meeting. But if you want to wait until next meeting to cancel it, that's fine, too. I could I could bring a resolution back if you want bring a resolution back next next meeting and and they can decide from there. So that's that answers that resolution next. Council comments ward four, Miss Walker.

Just a reminder that the second and final phase of the EMTT County master plan concludes this week. So, if you have not submitted your comments on the master plan, including the wheelway, please do so at your earliest convenience. Tell all your friends because master planning and public input matters. Mr. Kn, nothing to add tonight. Mr. Wilmont, nothing to add tonight. Mr. Moore,

so just very quickly, thank you, Mia, for hanging in here through this whole meeting. our youth advisory council representative. And just to let my colleagues and the public know on March 10 and 11 at the Michigan Municipal Leagues Capcom conference, to my knowledge, for the first time ever, students are going to be allowed to present to elected officials from throughout the state of Michigan on the issue of getting students engaged in local government. and our own two Eliza Roger who's a junior at the high school and Ana Peek also a junior at the high school are going to be those two students able to make that presentation. So very proud of all of you. Thank you.

Like to tell you that there are going to be about three or four uh ribbon cutings or whatever for art that will be opened up into the community down at the waterfront. also uh at by the dancer building passenger pigeon. I'll get you those dates as we get closer starting in June on through to August. So, letting you know that you'll get the dates well ahead of time. No further business come for this council. I call this meeting adjourned. Have a good night everyone. Thank you Sarah Beck. Sarah back. Thank you Sarah. You're the best.