Commission - Regular Meeting

I was like, "Yeah, you know, we're getting opened up." I like that thing instead of there was a window. It's strength based strong.

Okay, we're going to get started in just a second. I just wanted to say I noticed that there's quite a few students in the crowd. So, we'll bear in mind if things go long, taking a pause, but we do have you all kind of hang out for a little bit to observe the meeting and not sign ahead of time. So, we are aware and we won't keep you till 10 o'clock. We might keep everybody else, but we won't keep you all until 10 o'clock. So, with that, I will go ahead and start this regular city commission meeting of Monday, May 4th. And all please rise for the pledge of

allegiance. United States of America, and to the republic for which it stands, one nation under God, indivisible, with justice for all. We begin as always by acknowledging the land on which we gather as the territory of the Ottawa and Chipua peoples who have stewarded this land through the generations. We thank them for their strength and resilience in protecting this land and uh inspiring us to uphold our responsibilities to do the same. So with that we will go ahead and start with our roll call Sarah please. Oh yeah. Commissioner Anderson here. Commissioner Treadwell here. Commissioner Bmer here. Mayor Bron Ness

here. Commissioner Shaw here. Commissioner Funk here. Mayor here. Thank you. And uh first I'd just like to say May the 4th. Happy May the 4th day to you if you celebrate. Um let's all keep that resistance in our heart. So with that, I will go to uh the city manager for announcements, please.

Yes. Thank you. Uh good evening. I have some announcements to make for this uh week, the week of May 4th, 2026. I just want to reiterate how excited I am to announce that our new fire chief, Aaron Bunet, will officially begin service next week on May 13th. That's Wednesday, May 13th. a swearing in ceremony will be held for him that same day, Wednesday, May 13th at 3 p.m. in the commission chambers and everyone is invited. Uh we also invite the community to an open house to welcome our new fire chief. That'll be on May 28th, May 28th at 400 p.m. to 6 p.m. at Fire Station 1. And we encourage residents and everyone to join us in welcoming this important addition to our team. And I genuinely think Chief Bunet is going to be a fantastic addition. Uh and the city was recently awarded a $100,000 community placemaking grant from project for public spaces. This is to support improvements in the east side social district. Uh, as part of that initiative, the city city is going to host a community placemaking workshop on May 6th from 6 PM to 8:00 PM. That's this Wednesday, May 6th, from 6:00 p.m. to 8:00 p.m. providing an opportunity for residents, businesses, and stakeholders to help shape a more vibrant, accessible, and welcoming space through that community-driven process. We encourage anyone to attend that, be a part of the conversation, and participants can meet at Common Good Bakery at 11:15 East 8th Street. So that's Common Good Bakery on 8th Street, May 6th from 6:00 to 8:00 p.m. And more information can be found on the city's website. And I just want to say I'm thrilled that Deputy City Manager Deb Allen is back in the house and she's with us. So welcome back, Deb. Uh we're glad to have her back. And that's all that I have. Thank you.

And join in welcoming uh Deb Allen back as well. And we'll hand it over to Sarah for announcements from the city clerk. Thank you. Meetings scheduled for this week are the planning commission will meet Tuesday, May 5th at 6 PM here in the commission chambers. The Wreck Authority will meet on Wednesday, May 6th at 7 p.m. here also in the commission chambers. The Coastg Guard City Committee will meet on Thursday, May 7th at noon at the air station. Uh the Parks and Rec Commission will meet this Thursday, May 7th at 6:30 p.m. here in the commission chambers. Thank you very much. And with that, before we start business, we also have a proclamation. And so if Megan can join me at the stage. There you are. Today

I'll do the formalities here. So this is the city of Trevor City proclamation of international compost awareness week May 3rd through the 9th 2026. Whereas the compost research and education foundation has declared the first full week of May to be the annual compost awareness week. Whereas composting is a way of returning organic resources to the soil to restore soil health and enable its essential function in the carbon cycle. Whereas applying finished compost is a proven method of growing healthy food, conserving water, improving resiliency during flooding conditions, which we know, reducing nonpoint pollution, decreasing dependence on chemical fertilizers, and reducing erosion. Whereas the state of Michigan has established goals for organic diversions of compost utilizing through updates to part 115 materials management planning requirements recognizing compost as an effective strategy for resource recovery, waste reduction, reuse, recycling and pollution prevention. Whereas materials such as yard trimmings, bioolids, food scraps, manurses and animal bedding can be converted into beneficial product known as compost. Whereas communities through local government, public works, professionals, and conservation partners can have a significant impact on clean water, soil health, climate change, and landfill diversion by using compost. Whereas the city of Trevor City is advancing sustainability through its compost and food waste reduction project, working to reduce food waste, and expand composting opportunities. Whereas this year's theme is compost, feed the soil that feeds us, highlighting compost's role in supporting healthy soil, food systems, and communities. Be it resolved that I, Amy Shamro, mayor, on behalf of the city of Trevor City of the state of Michigan, do hereby proclaim the week of May 3rd through 9th, 2026 as compost awareness week. And so with that, there you are. Megan, who is the true expert on this, is going to give have share a few words with us. And so, thank you.

Well, I'll reiterate a lot of what Amy said and how uh the city of Traverse City has really taken a step in a beautiful direction the past couple of years with the pilot food scrap diversion program that I have partnered with the city along with seeds uh to put into action. Uh we have filled that thing up as quickly as we can and are are getting really great finished product out the back. Uh so it's been uh a fabulous program, lots of community support, lots of uh people on the wait list and we are very thankful for your support in that. So with international compost awareness week, we want to feed the soil that feeds us and I really um am honored that that I'm part of such a great community.

Thank you. Thanks. It's always nice to celebrate the projects that are happening in the community that are very important and that when we can occasionally be a part of them show remind us that we're we're doing some of the right things here. So with that, Sarah, I'm going to have you go ahead with the consent calendar, please.

Okay. The purpose of the consent calendar is to expedite business by grouping non-controversial items together to be dealt with by one commission motion without discussion. Any member of the commission, staff, or the public may ask any item on the consent calendar be rem removed there from and place elsewhere on the agenda for individual consideration by the commission and such requests will be automatically respected. If an item is not removed on the from the consent calendar, the action noted in parentheses on the agenda is approved by a single commission action adopting the consent calendar. One, consideration of approving the minutes of the April 20th, 2026 meeting of the city commission. Approval recommended. Two, consideration of authorizing the issuance of a new resort liquor license with class C and SDM privileges with Sunday AM PM sales outdoor service area and dance permits to Mill District Food and Beverage Company LLC located at 10:32 Woodmir Avenue and authorizing the city clerk to issue such registration. Adoption and approval recommended. Three, consideration of authorizing the issuance of an additional catering permit to an existing redevelopment liquor license with class C privileges with Sunday AM PM sales permit to Umbbo Trevor City LLC located at 430 East Front Street and authorizing city clerk to issue such updated registration. Adoption and approval recommended for consideration of adopting to make permanent a traffic control order for the designated loading zone on the north side of the 300 block of West Front Street. Approval recommended. Five, consideration of authorizing a confirming purchase order for unled fuel for city operational use. Approval recommended. Six, consideration of authorizing a blanket purchase order for fuel for resale at the Duncan Elynch Marina. Approval recommended. Seven, consideration of authorizing a contract for the 2026 preventative maintenance crack sealing project for the 2026 2027 fiscal year. Approval recommended. Eight. Consideration of authorizing a three-year contract for the provision of a school resource officer at Trevor City Central High School. Approval

recommended. Nine. Consideration of enacting an amendment to the Trevor City Code of Ordinances which would update the storm water ordinances to meet MS4 permit requirements. Enactment recommended. 10. Consideration of adopting a resolution resolution designation of street administrator for act 51 compliance. Adoption recommended. 11. consideration of authorizing an amendment to the payment in lie of taxes pilot policy to transfer administration duties to the city assessor. And I think that should actually be city manager designate. Thank you.

Instead of city assessor uh 12 consideration of approving the fireworks display permit for the overland sheepkin conference on May 21st, 2026. Approval recommended. Thank you, Sarah. But would any commissioner like an item pulled? Heather, I don't want to pull item five, but I'd like to make a short comment. Go ahead. Make the comment now. Um, well, are there other commissioners? I didn't see their hands go up. Nope. Go ahead.

Okay. So, I looked up that we made a purchase last March 2025 of the same amount of uh leadfree 887 octane gasoline, 10,000 gallons. It cost $19,784. This year, $29,338. Current events affect everyone.

That is very true. And thank you. I know you and uh Commissioner Treadwell have both pointed that out and I think it bears repeating whenever we can. So, thank you for that. Are there any uh members of the public that would like to pull any items off the consent calendar? Seeing none, I'll take a motion. I'll make a motion to approve the consent calendar. Second. Okay, I'm going do uh Monk and we'll do Shaw on that one. Okay. All in favor?

I opposed. Motion passes. That's been a while since we've done that. All right. Let's move on to old business then. And with that, the discussion of our draft of scope for work for uh rubric for legal services. As we discussed, um our our much appreciated attorney, Lauren Trible, is uh moving on to new opportunities. And so we are now figuring out what we want to do next. She has uh created this based on our our lengthy discussion, though of course we have time here to also discuss it more of uh what we were kind of looking for for an RFP. So I'll let you take that right now, Lauren. Thank you.

Sure. So, I um I worked uh on this uh with with Becky Ewing um her input a bit um and with the current job description and the uh the descriptions for tax tribunal and labor that recently um were were out for RFP and included those um and then ran it through all of the staff leadership um to make sure that anything that they saw that they wanted as far as services was included in the scope. And then um I tailored it to our um just general standard RFP so that it would be ready to go out as soon as the commission is ready. Um which could be tomorrow uh if you would if you're ready tonight. Um and so uh I thought any questions, comments, um changes that you'd like, we can just go through those and then I mean ideally it would go out this week I think so that we'd have time. Um, like I said before, I think it would be um really advantageous to have uh representation of a firm come um and interview because a lot of uh what it is is fit. So, you'd want to talk to the that leadership um prior to entering into an agreement. That will help you make your choice. Um and I think there is time for that if we get the RFP out um this week. Okay. Uh Mitch, go ahead. So to that point, do you feel that there is um adequate interest uh to have met that timeline if we get it out soon?

I I think so. I mean, we put out the the um RFP for labor and um tax tribunal. I think we gave two or three weeks to respond and we got four very um comprehensive, very um good proposals. Other questions? Go ahead, Jackie. Um, I saw that toward the end of the RFP there is a very brief paragraph on evaluation of proposals. Do I recall that last time we talked about having a a rubric? And um, is that something that you would plan to create while we're awaiting responses to the RFP? And there was a rubric, did it not make

it's not in here? Because actually, Jackie, I appreciate you bringing that up because I wanted to see a rubric as well. And so I would also join in requesting that we have that in the next week or two as a part of our agendas. Well, I guess it was it didn't come across very clearly. It's the rubric page 167. Yeah, it's just the columns and it didn't really come across. It should have been a table. I'm sorry about that. Yeah, that's so if we that's gives us an idea of what we're looking at, but I too for my how I process things would like to see that as a table brought back to us.

Yep. And and I wouldn't um I didn't fill in any proposed like point system or anything. Um because those are sort of you can pick how many points you want to um give each of those columns sort of a thing. Does that make sense? I thought that was more for the commission to do then for me. Do we have room to discuss that even on next week's study session agenda? Uh we certainly could.

Okay. Just let's save some time a little time for that. Go ahead Jackie. Continue. Thank And just a related suggestion, when that comes back to us, if we could have um a conversation about who will be um completing the rubrics and whether we perhaps need some um outside subject matter expertise to help us in evaluating the um the proposals. You know, certainly none of us are um skilled legal uh experts and um I would appreciate having either uh an attorney or retired judge, someone someone with um some expertise in the area to help us evaluate the the proposals. We can certainly have that discussion at the next meeting. I think um it is our job to hire though the city attorney. So I think that can all be part of the conversation we have at the study session. Go ahead. Good. Um Laura,

it might be helpful, Lauren, um in preparing for that study session if we had a little more detail around the the columns. So, for instance, firm composition, what what exactly would that mean um to a lay person? Okay. And uh meets minimum qualifications. I'm not sure other than being, you know, bar approved, I don't know what the minimum qualifications would be. So, if each of those columns could have a little more detail around them in terms of how we would evaluate each column, that would be great. Thank you.

And as far as putting out the just to so that we don't to the point of um Lauren, we don't delay this too much. I think we can get into the nitty-gritty of that at the um next week or in future discussions. But I think getting the RFP out, we just firms will know that, you know, if they have a tax expert but not a labor expert that we're probably looking for both and that's going to be how we're going to weigh it. Other parts might be weighted differently as people are maybe getting seeing that RFP come out in the next few days. But I don't think fundamentally what we will edit will change dramatically what firms are looking at and what we are looking for based on what's in this packet. So, and unless anybody disagrees, but I think that the overall gist of it kind of falls in that direction. Go ahead, Jackie.

Simply that I I agree with uh Mayor Prom Ness that uh we we would we would need more detail in the uh in the rubric and the sooner we can have that to to live with and to comment on the the better. Absolutely. Agreed. Other um Heather and then Ken and then Laura. Are we are we looking for either a single attorney or a an a firm in with this or just a firm? Just a firm is what I heard from the commission. The next Yes. But you would have to pick a person to officially be the city of Yes, there is. I mean, it's usually a um the lead attorney is named and then the firm is contracted with.

Yep. Okay. Um, maybe I I missed it as I went through it, but was there anywhere and is it appropriate? Maybe it's because it's this is something than like a different uh type of job. Are there references that usually come with something like this? Because I mean, not having experience hiring a lawyer in particular. I'm going to look at things like who's worked with this firm before and what have their results,

excuse me, been with them and like what was their experience like? Were they responsive? Were they easy to deal with? Did they make it clear and understanding? Was their pay schedule appropriate or we to get slapped with a lot of unusual charges that we didn't expect but didn't want to make big waves. So, I mean references are a thing that are kind of important for me potential and I do support what Commissioner Anderson said about having, you know, somebody that's familiar like I I'm I weigh my decision heavily on Lauren uh on yours, but um some references I think would be very very helpful. Um I'm going to lean on those heavily. Yeah, it it is in there and we um do have a plan for checking back with those. We'll work with HR as well.

Yep. Laura, you if we're done with questions, I could make the motion. Go right ahead. I uh that the city commission approves the publication of the request for proposal for for legal services as included with the official meeting materials for the city commission's May 4th, 2026 regular meeting. Second. Is it Lance? Okay. So, Commissioner or Mayor Proama and second by Lance Bmer. Okay. Any further discussion in general now? We've had some good questions. Okay. Seeing none, I'll open this for public comment. Any public comment on this item? Seeing none, I'll bring it back. All in favor?

I opposed. Motion passes. So, thank you, Lauren, for your work on that. will see the rubric coming up here and um we'll let's try to aim to have it for next week if it you need a little bit more time or want to donate it. It should not be a heavy lift at all. Perfect. Thank you so much. So now we'll move on to the discussion of lot B and the farmers market. You want to take that Benjamin?

Yes. Thank you. Uh so we're at the point uh uh for followup from the February 9th city commission study session where this was last presented. This is the lot B reconstruction and farmers market pavilion project. And we have Harry Burkholder here who's the executive director of the downtown development authority. We also have uh um parking services director Nicole Vaness and uh Zack Cole is here from our engineering department to assist. And if it's okay with you, I'd like to invite Mr. Burke Holder to the podium just to provide a very brief overview. This is a substantial project with a high uh dollar volume or dollar amount. And uh Harry, if you could provide an overview.

Uh thank you. Uh yes. Uh this farmers market pavilion and the lot B reconstruction has been something that the city and the DDA have talked about for quite some time. Um actually the farmers market pavilion was first put forward in 2016. We've gone through several iterative conceptual designs and have settled on this final design uh that's in your packet. Uh we did review all of the details of the farmers market pavilion and also the parking lot uh reconstruction effort. And if you've been there, if you were there this Saturday at the market, you saw that parking lot is in dire need of some reconstruction. Um, so we're excited to bring this project forward and happy to answer any questions that you might have regarding the pavilion. And I'll recruit my team to help answer any other questions related to the parking lot.

And I actually have a question for while you're up there, Harry, but also for Ben and anybody from city staff. this. We talk about these in pieces a lot and we've kind of had I think maybe at the DDA meeting we might have had a conversation about it holistically. Can we just have a brief summary of I believe the city started this process, what the city's doing, what the DDA is doing with it, where they're combining efforts and where they're individualized. Just a quick rundown. So, whoever wants to take that and tee off or

Sure. Uh so, in terms of the let's talk about the farmers market lot itself, lot B. Um, again, that was a project that's been in the queue with the parking services in the city for quite some time. And so, the bulk of the reconstruction effort on lot B will be funded by parking services in the city. The DDA is contributing $110,000 towards the storm water management component of that reconstruction. And then the DDA is covering the cost of the actual construction of the pavilion, but also the construction management contract with Becken Raider to do the whole site. So, Beck and Raider is doing all this, the entire site, the pavilion, and the parking lot. We're paying for those services as well. Okay, other questions. Go ahead, Heather.

Yeah, so I was all ready to just approve this um with some disappointment that the lots are not connected. Um I think I think that's a big mistake. But uh I I um I looked at the emails that had come in last week, which I hadn't gotten around to, and and I discovered that the zoning that the parking lot B sits in is open space and that markets are not allowed. It's not an allowed use in uh open space in beat zoning. and all of our park well not all 29 out of 32 parks are open space parks. Um and I think that this must have popped into the our residents mind because tomorrow the planning commission is looking at uh amending the uh ordinance the open space ordinance to allow mun park uh municipal markets in all of our open space uh zoning all of our parks. Um, so I just feel that something's wrong here. Um, if it's not allowed, then how can we fund this project today? Um, I I did hear from the city attorney that this was uh that the farmers market has been a longstanding use and therefore it is a legal non-conforming use. But if there isn't a law there, where's the law? How can it be legally non-conforming if there's no law? It's, you know, this started in 1984.

Where where is the zoning?

So, two, uh, three things with it. So, the first thing is that a farmers market is a parkland use, which is evidenced by all of the municipal markets that take place all over the state, probably the country within uh, city parks. Second of all, the market has been um in use at that location since 1984, like you said, so 15 years prior to the current zoning ordinance adoption. So, it is a legal non-conforming use. Um, and the reason that it the the planning commission has taken it up um is because there was a question about it. And so just to um true up that nonconformity and to remove any questions about it um I thought well it's a good idea to just put it in there. But I uh am confident that it is a legal non-conforming use and that it is a parkland use. So it would be allowed anyway. But if there's going to be any confusion about it whatsoever, why not just change it and add municipal markets to the zoning? It it really is just a belts and suspenders approach to it. Um, well, except that you're kind of putting the chicken before the egg because if we're funding it today, it's going to take at least a two, three weeks for the planning commission to get through.

We've been operating in the farmers market for decades. It's not a chicken before the egg because it currently is legal and after it is uh amended, it would be legal. It the amendment is not necessarily required. The amendment is meant to remove any question and any confusion from the zoning ordinance. It is illegal non-conforming use today. Then that it because that it's zoned open space, but it's also a parking lot and and for that reason, no, it is parkland. Lot B is parkland space zoning. It's two things that are similar. Um, it says OS right on

right and park and parkland uses are allowed in OS and a market a farmers market is a parkland use. So it is a parkland use. Whoa. Can I think it's very conf I want to pull a thread on that really quick. Um, and as you see your hand, Jackie, so thank you. Um, you did say in your answer here too that that was passed after we were already putting it in use or it was already in use too as a farmers market. What can you go back to what you were saying with that? Right. So the farmers market has been a use in that location since 1984

and the zoning did not was not established until 15 years later. Okay. So that use had been going on for at least 15 years before the zoning was enacted as part as noted parkland use within the city of Trevor City. Correct. So if we tried to not do it there, we probably would have gotten sued over change of use for parkland.

What it it's possible. Okay. Thank you, Jackie. Go ahead. Um just to to add a couple of things. um the input that we've been receiving via email from from um multiple lawyers um would would contradict your your reasoning there and is actually asking to um discover what zoning was in place in 1984 and certainly there's a lot of case law existing about parkland use and so forth. There have been requests to the planning department for um examples of where um farmers markets are operating on parkland and we haven't closed that loop yet. um in tomorrow's planning commission meeting, there actually is a public hearing on this subject and um to me it seems a bit disrespectful of the public input process for us to go ahead and make a commitment for a $3 million construction contract before that loop has been closed and before the public has had an opportunity to be heard. So, I I I am in favor of a short delay just to wrap up any loose ends regarding the zoning. Um, I do feel that we're we're having a bit of a cart before the horse thing that just a short pause would help to resolve. I would ask the question to the rest of the team whether a short pause would put the project in jeopardy for this summer. Um, and I don't know the answer to that. Um, and so that that's just something to also consider. Um, you know, I I guess you can close the

loop on that, but it's my strong recommendation that this use is a parkland use and that it is a it is a legal allowed use. Let me ask Lauren then if we do pause because we're considering this in your expert opinion as a municipal attorney would we then be allowed to actually hold a farmers market then if the use is in question would we have to suspend the farmers market while we're waiting as well if that's really the legal question that we're get playing with up here would we have to cancel the farmers market for the next couple of weeks I would not recommend that I would that in theory be if the use isn't consistent to do this is it consistent in holding the market every week

I guess that is a theoretical question you can ask, but I do not think that that is a conclusion that a court would very likely uh come to at all. But do you think that they would um also believe that this falls outside of the use of our current zoning either though the courts?

I don't believe that. Um, I mean, I've litigated parkland use um on the Beiju case and the theater is a parkland use and we found we found many examples all over the country and in Michigan where there are theaters in parks. I think it is even more likely that we would find even more examples that there are farmers markets in municipal parks. Um, and one other thing I just wanted to say is that um, there's been some mention of this allowing municipal markets in all of the city's parks, but a municipal market is uh, defined in the ordinance as a publicly owned and operated market. And that would require city either owning and operating the market itself or permitting it. So, it's not um, a situation where it's going to be markets running wild in the parks. So, just so everybody knows. So I had Laura, Jackie, Heather, Mitch in order. Go ahead.

So it seems a bit late to me to be raising this issue after the multiple iterations, the multiple plans, the multiple boards, the multiple commissions. And according to my notes, this has gone through the planning commission. January 21st, 2026. It it went through the planning commission was approved. It's been to parks and recck commission, I'm sure, at least once. So it's gone through parks and wreck. It's gone through planning. It's again multiple iterations, multiple boards, multiple reviews. Um, it's specifically included in the city manager's initial 2026 2027 budget. This isn't a new idea. It's it's been a a long public process. I think as Harry alluded to, it it started well over a decade ago. So I I'm a little surprised that we're raising this issue tonight on whether or not it's it's legal and we have our city attorney here on the dis telling us that it is legal and it's our responsibility as city commissioners to listen to the advice of our city attorney.

Thank you. Um excuse me. Next is Jackie. Um like you um I was very surprised that this became an issue. Um as you know I sit on the planning commission and it was raised earlier this year and has been going through the process and the process is not yet complete from the planning commission standpoint. So I that that really is the point is that um we're out of sync timing wise. But wasn't it approved by the planning commission already? This plan portions of it have been but the entire process has not been completed. The project is that accurate.

The project was approved by the planning commission um as part of their process under the the zoning act and and under the as to location character and extent under the master. So they've already taken action. The need for a text amendment to our zoning ordinance has become apparent later in the process and that is the portion that is not yet complete but the project has been approved

just to make clear to the public. Heather go ahead. Um well, you know, I we get these projects. I don't think to look at the zoning ordinance when these projects come to us and uh apparently the planning commission didn't think to look at allowed uses either in in the open space. Uh I am I am just stunned that we've gotten this far all these years and nobody has thought to look at this. And obviously somebody wrote raised the question recently because that is why the planning commission is looking at this tomorrow. I mean what what problem are they trying to solve with adding municipal markets as a and allowed use? They're trying to solve this problem quick get it in there. Um I I think this is just a crying shame. Um I'm also really confused about parkland use

and zoning use because I look at zoning use. How am I supposed to f How do those connect? And how am I even supposed to find those things? You can allow theaters are allowed in open space. Uh there's lot uh a golf course you can have in an open space, but there's nothing in there that says um municipal markets. Well, so how would I even find that? Lauren, I just want to tee this up a little too of because we hear this a lot on everything from ADA accessibility on a project that's before us to today. you do look at our projects when they come through. Will you please summarize again this was not not looked at

right so it is an so parkland uses are allowed in the open space districts under the zoning and this is a parkland use so there's not like where are the parkland where do I find that

it is basically it is any use that is natural to a park to recreation and to recreing and to having a park so it can be a multitude It would be too many to list in a zoning ordinance and there are within the definitions in a zoning ordinance you will find that. So it's not an exhaustive list. It never has been. The point is not that this the planning commission is trying to jam something in at the last minute because this is not a legal use. The point is that the planning commission is on my request trying to clarify something that is obviously confusing and to make it more clear so that the question is more readily apparent to the public, to the planning commission, to anybody reading the ordinance. I would have no problem going in front of a court and arguing and I would be quite confident that a a municipal market is a parkland use. I don't think that any reasoned court would come to a different conclusion on that.

Mitch,

yes. Uh I think this is opening up a can of worms that really is a separate issue. Uh because not all of our parks um are zoned um open space. Um not all areas zoned open space are parks or even designated parkland. But it does bring in the issue that we are also not as a city the only entity controlling um open space zoned parcels. You also have uh the county operating civic center. So theoretically the county could operate a farmers market. Um with this uh there's also sections of MDOT owned land along a railroad or highway corridor. So theoretically the state of Michigan could have a market. I don't think either of those would happen, especially since we do have uh such a longlasting and thriving farmers market here in Traverse City that is operated by the city. And I see no reason in zoning why that farmers market should not be allowed to continue. In fact, uh our list of allowed uses I have criticized as being uh much too specific. Um when already as a public entity we have uh broad latitude when it comes to zoning uses in our um own publicly owned land and it is something that uh furthers the general activities of a park similar to we allow theaters yes in the beu but uh open air theater is something that has happened at Hannah Park. It's something that's happened at uh the Civic Center. It's happened at other uh venues throughout open space zoned areas.

Really quickly, Harry, just to go back to a question that was asked earlier. Um and I did see your hand, Jackie, but we've had multiple turns around. So, I want to get back to something here real quick. Um how if this was delayed, if this is a mere couple of weeks as we're hearing up here, what does that realistically mean for the project and the prices here? Well, just real quick before you answer, I just want it to be clear what the timeline is like. And it's not a couple of weeks. A zoning a zoning amendment like this would also have to come before the city commission. So, um just so you're clear, we're probably talking at least two months. Uh just for clarity for the process. So, continues.

I I can't I would have to call talk to the contractor about what that means for a delay. I mean, we anticipated upon approval that we would break ground after the chariot festival in July and be wrapped up by the end of October to November. Obviously, any paving um as it goes further in November becomes dicey. So, any delay that would then push that into the next fiscal year then would cause a delay to the overall project.

Thank you, Jackie. You had your hand up. Um just back to the issue of where our jo where our zoning ordinance stands currently. As I understood it, municipal market is within the list of definitions, but it simply does not appear um as a a a parkland use within the list that as it exists currently. No, that's not correct. Oh, the correct me. It it does not exist in the OS district, but parks parkland uses do does exist as an allowed use in the OS district.

And the question is whether a municipal market is a parkland use.

Yes. And I firmly believe that it that it is. So the the it is an open space, but in the open space rules, it says parkland rules apply to OS, which is what we have here, which is what you just outlined for us. Yeah. And so here's I'm going to make a I'm going to I do I try to let everybody have their conversations. I am a voting member. I'm an elected official here as well. This is um a rare time that my frustration is getting to me. We have a municipal attorney expert here and this is plays into my concerns and the conversations that I want to have with us when we start talking about the rubric for selecting who will replace Lauren. We It's like a doctor. If I have cancer, I don't go to my general practitioner and I don't go to a podiatrist. I go to an oncologist and Lauren is our oncologist for lack of a better term. Um, this is what she has said. We have had this use that predates even the the ordinances and things that we were talking about right now. This has been going on for years as was pointing out by pointed out by Laura Ness. I know that there are people who don't like the DDA and they don't like TIFF spending and I know that all of this gets drudged up as part of that conversation. This is a huge project that's important to our community. It's important to our farmers. I don't know if other people don't go to the farmers market and talk to our farmers. They're excited about this. They're a little hesitant about another summer going back over to be squeezed into Rotary Square to come back, but they're excited that something's going to happen with this. And we have our legal expert and I've I've worked with Lauren for 10 years now. I think we've all heard her speak publicly. She is, if nothing else, extremely conservative when it comes to matters of the city where we might be sued and found liable. And she is sitting here telling us confidently that she believes that this is she knows that this is what how this will all play out and that this is how it all fits together and that what is happening in the planning commission right now is a housekeeping more than it is a legal requirement. And I can't stress that enough because the farmers market is one

of the beautiful things about our city. It is one of the things that makes it special. And as we've just heard from Harry, putting this off for a couple of months means messing up the summer farmers market. It means carrying it in next year. It means hurting the livelihood of our farmers and our community. And those are demonstrable facts that we will see in our in our community. And I I again I try to be pretty level up here. That's my job as a chair. But I am also an elected official. I am also a lifelong member of this community and that this is something that is really leading to some frustration with me today because we do have our expert who is a municipal attorney. The emails I've seen have not come from municipal attorneys and that is the difference and I'm not going to do my health based on a podiatrist's opinion on how I should treat my cancer and I'm not going to do my municipal decisions on an attorney who isn't a municipal attorney expert. And that's where I that's my two cents on this because we're all sharing two cents. Go ahead, Heather.

Um, but it's this isn't our fault. You know, this was missed everywhere. This has been missed for years now. And all of a sudden, here we are in this place where we're being asked, I don't see anything that says parkland uses. I see parks. I see playgrounds. That does not say park parkland uses in parks. This is parks. Yes. It doesn't say parkland uses. It just says parks. Parks. So, are you saying Lauren legally that parks are and parkland are interchangeable in the way that you're using the definitions? Yes. Thank you. Ken, go ahead.

If if we proceed with waiting tonight and putting this in front of planning and it goes to a public meeting, it's voted on and it's recommended to the city commission and it's voted on two months later and it's adopted. Is anyone going to change the way they're going to vote tonight about waiting that two months having do you think there's a very good likelihood that your vote could change? That's kind of the thought that I have on this,

Jackie. My my vote would change. Um the input that I've heard from um um emails from attorneys have included case law. Um they've in included um references to um the need to to explore what the zoning was when the um farmers market began in 1984. Um it going back to your medical metaphor, I'm looking for evidence-based u medicine. I'm I'm I'm looking for the facts. I'm hoping that in tomorrow's public hearing, we may see some more facts coming up from the public and I I think it's worth learning about that, taking it into consideration because it could very well um change our understanding of the risks inherent in this decision. Um, so yes, based on what I hear at the public hearing and and it's our job to listen to the public. Um, my decision could change

or will it will Are we on questions or discussion? I guess a great point. Yeah, we're trying to We're on discussion right now. We don't have a motion yet. Motion. Oh, we don't have a motion. Thank you. Sorry. I thought we did have one. That was my fault. Go ahead, Laura. So, if we're going to move to discussion, I can make the motion. Please to find it. Let's see. Okay. It's a long one. Buckle up.

It is. All right. Buckle up, Buttercup. Here we go. I move that the mayor and city clerk be authorized to execute a contract with Elmer's Crane and Dozer, Inc. in the amount not to exceed 3,668,18567. 3,334,71424 plus a 10% contingency of 333,47142 for the construction of the lot B and farmers market pavilion project such contracts subject as to its substance by the city manager and its form by the city attorney with funds available in auto parking fund and DDA tiff 97 and further that the mayor and city clerk be authorized to execute a contract with Beckett and Raider in the amount not to exceed $83,262, $69,385 plus a 20% contingency of $13,877 for the construction management services for the lot B and Farmers Market Pavilion project. such contracts subject as to its substance by the city manager and its form by the city attorney with funds available in DDA TIFF 97 fund and further that the mayor and city clerk execute a funding agreement with the Traverse City Downtown Development Authority articulating that it will provide $2,954,21768 in funding for the lot B and Farmers Market Pavilion project with such agreement subject to approval as to its substance by the city manager and its form by the city attorney.

Second. Thank you. And actually I apologize because Ness and Bulmer I had written down and thought you had already made both had already made the motion. So thank you for making me right in my head even if I wasn't at the moment. So are we ready for discussion? Yes, we are ready for discussion.

Okay, here's my takeaways. Um, our city attorney has stated confidently that she's confident that there's no legal risk here and I trust that this is not a new project. Public discussion dates back to 2016. Some would even say 2012 when lobby first showed up in the CIP. Um, it's gone through multiple public bodies, the DDA, the farmers market advisory board, the planning commission. multiple times this issue hasn't been raised. Design team, parks and recck commission, city commission, study sessions, this issue hasn't been raised. There's been real stakeholder input. Um I know Commissioner Anderson referenced a concern about being disrespectful to the public. We've had substantive public engagement on this issue through structured advisory board reviews. Um, we all received I I believe the 2025 letter, the vendor letter support from the farmers. Um, and this project isn't a one-off decision. It's aligned completely, five out of the six pillars with our strategic plan. It aligns with storm water management and infrastructure investment, parking redesign. It it really bumped up against Rotary Square and how are we going to approach Rotary Square. So, we've been through all of that iteration. I I think it would be a real mistake and a disservice to the community to delay on this vote um based on this conversation. It sounds like some cleanup needs to be done with zoning and that can be done, but that this could run a parallel track so that we can get moving with this and that there's no legal risk in waiting for that to happen.

Go ahead, Lance. Yeah. Uh, I am of the opinion of our that we should probably listen to our our legal attorney. Uh, she's never lost a case for the city. Uh, so I'm pretty confident she wouldn't lose this one. That's a very excellent point, Lince. Jackie, just to clarify, the issue is not support or non-support for the pavilion itself or the or the lot B um you know re redevelopment resurfacing. Um this is about zoning. This is about do we do we issue construction contracts when there is a question regarding zoning.

You have case law saying that's a real question. No, that's because I'm not a lawyer. Well, but we have a lawyer telling us that I can look up cases. I'd like to ask Lauren um since this is a leg that was a statement that implied some legal certainty to it. Please reiterate for us where we are legally with this in relation to all of that. I mean, I think that the mayor prom summarized it well and I I you know, I don't need to restate it. I'm I'm not concerned about a court saying that a farmers market is not a park use. I'm not worried about that because OS already refers to parks. Yes. And parks use as our parkland use. Yes.

Thank you, Heather. Well, I again I am astounded that we've gotten this far and that and that as many bodies in this uh city have looked at this and have looked at this and have looked at this and they haven't seen it. And um I it's tragic that here we are today and and if it weren't for the planning commission scrambling around trying to put municipal markets as a as an allowed use into the OS tomorrow. Are they scrambling and I wouldn't be I wouldn't be saying anything but that is a huge red flag. It's a red flag.

Mitch, go ahead. As a planning commissioner, I can say that we are following our normal schedule for introducing an amendment, having a public hearing and amendment, voting on it, and then it will come to the city commission. As uh city manager Marette um said, it is a process that if all goes smoothly takes two months. That is not scurrying. I'm also going to say again because I this these narratives can get out of track um out of hand sometimes that this isn't that no one saw it. It's that our league our attorney our legal representative who is an expert former head of the Michigan attorneys Michigan Association municipal attorneys has said that didn't raise a pause for her because of the grandfathering because of the parks use and because of everything that she just outlined for us. So this implication that this was oversight by everybody working in our system is not at all a fair espersion to cast on our staff. And I think we've heard that it would be disrespectful to some of the emails that we've gotten, some of us have gotten. Um I think that's disrespectful. Commission or Mayor Prom Nes made a good point. It's disrespectful all the public input we've had. It's disrespectful to the farmers. You know, if we choose to not vote for this because we don't want to spend the money, that's one thing. But to to overlook the advice and the very firm stance of our attorney, that's disrespectful as well. Go ahead.

And it's not just our staff. It's it's the multiple scores of volunteers that serve on these boards and commissions. It's it's disrespectful to these boards and commissions who have approved this multiple times coming through all of the various iterations. So, I I agree with what our mayor has has said. It's it's important that we not leave this room, no matter what way the vote goes, with some type of a cloud that this was unnoticed, that our staff never noticed it, that these multiple boards and commissions never noticed it. I don't think that's what the issue is.

At this point, I'm going to invite, is there any public comment on this item? Please feel free, if there's a few of you, feel free to even line up. Move the rules real quick. We ask that you state your name and address. Indicate if you're a city resident, non city resident, andor city business owner. We have a three-minute time allotment per speaker. When your time has elapsed, when your time has elapsed, the timer will beep. Finally, request that all language be respectful to all parties.

Hello. Uh Tim Poy, 516 West 11, Trevor City. Um it would be hard to believe that, you know, not knowing anything about the legal side of this that a municipal farmers market wouldn't be a parkland use in a park. So that's really all I had to say. I mean, I don't think anybody have to overlook that. I think everybody would just assume like the city farmers market in a park is a parkland use. That's it. Thank you.

Thanks, Jim. Uh Kyle Warner 10495 South Walnut. Um I am the current farmers market manager um employed by Seeds and I work closely with the DDA. Um and I also would like to advocate for our farmers and our customers that are there and uh this project would be huge for every single one of them. I understand that you know this project may meet four out of the five goals of strategic goals for this city. Um, I would argue that it meets all five because after you have food uh housing security, you then need food security. we offer programs in this for this market that allow access and food is health. Um and without this pavilion or um not having the ability to have a market um would really hurt um this this city and to be able to grow it as it continues to grow as we see 93 um current vendors that have been approved with about another 10 to 15 that are on the back burner that are waiting for approval. This market is needed in a community like this and it's something that uh much like tennis courts at an apartment complex is needed in a community because that's where people want to go is where community is supported. Thanks.

Thanks. Go Megan Alexander. I am at 1202 London Terrace West. I am not a Traverse City resident, but I am the longest standing member of the Farmers Market Advisory Board. I'm currently secretary and I sit alongside farmers one of which is behind me.

And we have belabored a a lot over this and and the future of this market. We take it very seriously that we have a market that people flock to and that people love, but people have to walk through potholes to get to. And we want to make it a safe, accessible place for everybody to enjoy as well as for our farmers to not uh have to endure all of the elements uh to come to their community. Thank you. Thank you.

Hey, I'm Ryan Lam. Um my address is 7771 Valley Road in Rapid City, Michigan. Um, I vended at the Traverse City Farmers Market as a vegetable producer. In 2025, about 55% of my sales revenue came from that market alone. So, I've got a lot of skin in the game. And I think on behalf of all the other farmers, I think kicking this can down the road would be a grave disappointment. Um, because it's it's such a great community gathering space. uh not only are you buying your weekly vegetables, but you're meeting new people, having great conversations, and I think having a more permanent space regardless of the weather, people will be able to have that interaction. Um, and I I just think it'll be an amazing third place for people in the city. Thank you.

Thank you. My name is Justin Reed, 630 Kaiser Drive, apartment 1B of Traverse City of Michigan. Um I would like to remind um the city commission that you know with the farmers market is something that locals can enjoy. You know we we had things that locals enjoyed but one by one those kind of went away and this is one of things that can be improved and that's can be that can be enjoyed by everybody. Thank you. Thank you. Any further public comment on this item? Okay. Okay. Seeing none, I'm going to bring it back to the commission. Go ahead, Ken. Um for further discussion, right?

You're welcome to make a comment before the vote. Yes. Yeah. Um did anybody else want to make a comment? Because I do.

Um I wrote down a bunch of thoughts on this and obviously you can see with all the debate that we've been having that this is incredibly uh a sensitive issue. So I listed some disadvantages that I saw to this uh project. annual maintenance cost, painting, cleaning, general upkeep, likely discussions about enclosing it to allow for utilization year round because it's obviously only going to be used by the farmers market for a few weekends in the summer. So, the natural discussion is going to lead us to how do we utilize this space year round. Um, some problems lost parking spaces and future revenue from lost parking spaces is something that I'm not in love with parking revenue, but I know that is a piece of the puzzle. And I think it's important to acknowledge that we should look at that in the future. How much parking we give away for different things. Uh feelings. I like and support the farmers market and the local vendors. Having this is very important to them and I would argue is equally important to our community. The farmers market though is an event. It is not a location. And an event can be held anywhere. The open space, Rotary Square, any non-specific parking lot. We could even close Front Street every Saturday in the summer from 8:00 am to noon to place businesses and farmers side by side to amplify their benefits without dealing with any of the disadvantages of that pavilion that I already referenced. Parking spaces, revenue, perpetual maintenance. One struggle with this pavilion for me is the emotional attachment that's been created with it. If something like a pavilion causes so much controversy, should we really pursue it? And is it is it a frustration towards the DDA? I don't think that personal feelings towards any person or organization should contribute merit in deciding yes or no on a project, particularly this one. I feel like a really honest question at the beginning should have been, is this

a want or is this a need? The suggestion that not supporting this project means that you don't support farmers has been inappropriately used as a weapon against thinking practically about whether we can afford this project or not. Personally, I don't love this project, but I don't hate it either. There's been discussion about what happens to the earmarked monies if they're not utilized on the project that have been saved for this. It's a good discussion for another day. Do we return it to or roll it over to another project that we need that could be money better spent? Should we let the DDA build this anyway because they aren't going to give the money back and their agend spending agenda is already set? Asking and surveying people if they want this project or if we need this project and looking for just a yes or a no is single-minded and doesn't bother to ask can we afford it. It doesn't take into consideration everything that we might be saying no to or giving up forever in its place. We need to really think about how many parking spaces we surrender for every project that we do. We need to think about whether a project is a want or a need. The farmers promark farmers market pavilion seems to be what the DDAs across the state are doing. What about having this pavilion keeps Traverse City from becoming just any old place USA? If everybody else is doing it, what's special about it? I think we really need to place true needs into one category and think about wants in the other category and we'll start to have a clearer picture about our priorities. All that being said, I'm still up in the air about this project. I could go either way on this. I see benefits and I saw a lot of cons that I listed off. I'm ready to put this to bed. I don't think that voting to wait on some planning ordinance is appropriate. So, that's my mytick on this. So, thank you.

Well, Ken, let me um step in on a couple things here because as ODA and as somebody who's been on this dealing with this for 10 years. So I was at the farmers market last year when the hail storm hit

and we say we could have it on the street, we could have it anywhere watching as farmers lost very big investments for them, their tents and things because they weren't permanent because there wasn't some place. All of them said when I was walking through, when are we building the pavilion? This having something structurally sound makes a huge difference to us because this is Michigan and they started last weekend. We know what the weather was like last weekend throughout. And so I think that that's is as everything at the end of the day can be considered a want. Parking is a want. It's not a need. It's something that we provide. And so regardless though, because of this, and this was touched on a quite a few study sessions ago, so it got lost probably in a lot of the conversation is a lot of once we decided to go into that lot and redo it for the storm water treatment, MDOT said, "Whoa, whoa, wait. We just noticed you have some of our rightaway here. So those parking spots that are going, we're going to go no matter whether there's a parking pavilion there or not. And so that is that was a right ofway issue. That was a an issue of a different legal issue completely. So whether this gets built or not, the second we break that ground for the storm water, that's those spots are gone. So um

do you want to finish some thoughts? Yeah, I'll just finish really quick. And then the last thing is DDA won't build it anyway because that's our land. The only place that the DDA can do things in theory without city permission is is Rotary Park.

Rotary Park. Everything else has to get our permission. So, it won't be done anyways. The money won't be in some Ponzi scheme or slight of hand. It's either going to happen or it's not going to happen. So, just to clarify a couple of points you made because I think you asked good questions and some of those have gotten lost over the months as we've had these conversations, but I think that those are some points that you raised that I think in the sifting sands of history of the last 10 years, have come up, but aren't always front and center. Yeah. Um, my understanding with the parking lot B was that if we didn't do this project and we just resurfaced or reashvalted parking lot B that we would not be losing those spots when we break ground to go underground for the storm water, then we would lose the MDOT rightaway parking spots. That was my understanding from

That's correct. But the storm water was the city ask, not the farmers market ask. Right. And we Yep. I agree. Yep. So, right. I don't believe we can resurface the lot, but Nicole, would you correct me on that? I might be wrong.

Yeah. So, uh, good evening, Nicole Vaness, parking director. Um, so we have originally this project did start off as a resurfacing project. Um, so, um, it's been kicked down the road multiple years. I think it was first put in the CIP back in 2007, actually. Um so in the past few years with zoning changes to increase the canopy um we cannot just resurface. If we do some kind of resurface on the whole project we still have to add in um uh landscaping and tree beds basically to uh increase the tree canopies. So we will lose some some space but we do have the opportunity to uh to do I think it's up to 20% per year without that piece coming into effect. Um so at that point once that ordinance change had come in we decided to move forward with a project to reconstruct and that's when it was identified that the lot line did lie within MDOT and so in reconstructing the whole lot we determined that we would do what's right and give MD dot back the rightway before they asked for it. So um that's when this project came to be in 201617 um as the current design that it was before we incorporated the market. But we've um been planning to partner with the DDA for the market um since 2014 when they first did their initial outreach uh for the shed or pavilion project

that has had a lot of public input on it. That was a lot of public input both from farmers and the public about what this would look like going forward. Correct. in 2014. Well, just 14 start from since 2014. Yes. Yes. Go ahead.

It it's nothing personal. Um unless the farmer is a city resident, I don't owe them anything, but I do owe every resident being to be responsible with their tax dollars. And I know that this DDA money came from a regional allocation through TIF. So, it comes from the county and everybody else who pays into that. But that's one of the things I think about. So, we we make it about what about them? What about the residents? That's my question. What about the residents? I think about that too when we raise that question of what about the farmers? They're good people. I have no problem with them whatsoever. But the first thing I think about is the residents and that's where I come from first. So, I'm just wanted to share that thought a little bit. Laura, go ahead.

So, th this is clearly a policy decision that we'll be making tonight. And I think that we all agreed um late last fall, early this year, that we were going to use the strategic action plan and the agreed upon OKRs as the framework for our policy decision. This checks almost all of the boxes. And I would argue that if we're serious about using our strategic plan and the OKRs to guide our decisions, this is exactly the type of project that should be rising to the top. It delivers measurable outcomes like infrastructure. $180,000 worth of storm water management. While that's a small piece of the overall cost, $110,000 of it is going to come from the DDA. and that's regional collaboration, economic development, and community benefit allin one. So, here we are again. I think we owe it to the community to follow through on the work and the public engagement that's already been done. And honestly, it would be embarrassing to turn our backs on this at this point.

Heather, I agree. It's embarrassing. This whole thing is embarrassing. And and I totally agree with Mayor Protoness that this has department uh support, city support, public support, strategic action plan support. It hits all the marks, but it has a giant hole in the process. And that hole is the legality of having a farmers market in the open space. And are you thinking

I think that that it's not our fault. Here we are at the very end. This is not our fault. And yet I I feel that that whole of the lack of clarity of the legality of having a market in the open space puts the brakes on this. Mitch, go ahead. Well, if you're raising legal questions, I ask uh on what legal case law or other basis do you have to raise those questions? We have a lawyer that has weighed in with her professional opinion. And it is our duty to respect that.

And Ken, I'm going to say you had the you we have some consensus here that this does follow our strategic plan which had public output from our city residents that it has had years of city resident input on the farmers market part. The legal part is where there's some division up here today and we've had our city attorney weigh in and say that's not a concern of hers and that she did check it out and it's okay. So that's where we're at at this matrix right now. I I'm I'm comfortable with our lawyer's legal opinion on it. I'm not going to hang my decision on that. Right. I will also acknowledge that I'm comfortable voting against my conscience because I know that what I think doesn't represent what everyone thinks all the time, too.

That's that being said. Yep. Jackie, go ahead.

Just to say um again, this is not about the um value or the strategic alignment of the farmers market pavilion. This is about um valuing the input of our community members. You know, you're you're saying that we've gotten this far based on extensive public public input, and I agree with you on that. Let's continue that for the zoning issue. Let's let's just continue to value hearing from our public. Let's complete the process as it was designed. Why this zoning issue came up at such a late date is a mystery to me. And and I am I I hate that we are here. I hate that I'm still asking questions about evidence and about case law and about, you know, zoning in 1984 and still haven't gotten questions gotten answers to those questions. So, I'm sorry we're here. I I would My family shops the farmers market every week, indoors, outdoors, wherever they're located, they're there. So, please don't interpret my concerns as being against this project. What I am for is having a robust evaluation of the zoning situation that we find ourselves in and questioning whether we should be making a multi-million dollar commitment until that is satisfactorily resolved and has worked its way through our process. Did you have your hand up, Laura? Well, I'm just going to end that with I we have we have some there's public opinion on everything and the choice at the end of

the day is what's the best for the city. It's also where is the input from and that's not to say that one or two people who have concerns about something aren't important or even a small group. But this has been a very long process that has gone through a lot of a lot of iterations, boards, public input, everything else. And we have our lawyers, our lawyers, our municipal experts words here saying this is not a concern of hers. So while I understand every commissioner has to vote and that might still be a concern of yours, she has gone through the case history, the patient history if we're going to go back to the old analogy here and has arrived where we are today and is recommending we go forward without hesitation on that. We all have the right to vote how we are, but I'm going to say that that is the support or not support of her is very much there. And so that is what that is. So with that, I'm going to call the vote. All in favor?

I opposed. No. Roll call. Commissioner Treadwell, yes. Commissioner Bulmer, yes. Mayor Promus, yes. Commissioner Shaw, no. Commissioner Funk, yes. Commissioner Anderson, no. Mayor, yes. Thank you for everyone's input on that and thank you for the debate. I'm looking forward to seeing the planning commission move forward. Everybody know that that is tomorrow, but I also want to thank our attorney for all her hard work on this item. So, moving on, we will now go to uh the Carnegie. This is an amended and this was brought up at our last meeting, I can't remember, uh to bring forward an amended um extension for their lease so that we can be fair to everybody. So, if you want to go ahead and take that.

Absolutely. Uh so at the April 20th uh city commission meeting, the commission asked me to uh look at uh making a recommendation regarding a lease extension. I think it makes a lot of sense. It's very fair uh to Crooked Tree to extend the lease by a year. I will say that I checked with the library who is also, as you know, in contention for possibly locating at the Carnegie building or colllocating. Uh and they have no concerns either. And the reason why I checked with them is if they had said if you extend it by a year, that makes our proposal moot. he would deserve to know that. Uh that's not a concern. Uh there is absolutely no valid reason in my mind to not extend their lease. I do recommend a 3% rent increase uh which uh Cricut Tree has uh reviewed and accepted. And I will say that we had our first session with Cricut Tree and the library last Thursday. Uh I am uh encouraged by the folks coming to the table with a mindset of possibilities exploring with what appears to be uh honest conscience about the issues that both parties have and have even uh discussed some other unique ways to collaborate outside of this sort of situation. And so uh just while I'm on that subject I know it was last anticipated that I would return to the city commission at your May 18th meeting with recommendation. I will say that all of the parties including me uh agreed that waiting until June 1st makes sense. We need a couple more sessions to talk through it and I just don't think it makes sense to stick to a hard deadline by two weeks when we'd be abandoning the possibility of a more collaborative arrangement. So I see this as all the way around positive and I wholeheartedly recommend your approval of this.

Go ahead Lans and Heather. Yeah, just a question. Would we need to bend then uh amend the motion that we made at the last meeting? If there's a consent, that's a great question. If there's a consensus of this board uh uh at the May 18th meeting, uh we'll put it on the agenda. Uh and there can either be a consensus or a motion because you did direct me to come back on May 18th. Good question, though. Go ahead, other

um thank you very much, Ben, for getting this back to us quickly. Um, I move that the mayor and city clerk execute an amendment to the lease with Cricut Tree Arts Council for the lease of city-owned property at 3226 Street to extend the lease through October 31st, 2027. Increase the annual lease payment by 3% with such amendment subject to approval as to its substance by the city manager and its form by the city attorney. Support. All right, I'll give that to Shaw and Funk, but thank you for the enthusiasm on that, Commissioner Anderson. Go ahead, Mitch.

I feel uh that we are kind of putting ourselves in the same position that we did a year ago, recognizing that we have uh two visions for this property. Um and there could be potential ways that they could work together or that uh either vision could be um executed at some other location in Traverse City or the surrounding area. But a year ago, we found ourselves uh with a lease due for renewal and another um entity with a vision. It was uh not timely for us to um entertain both proposals equally at that point, but we had decided that we were going to draft an RFP um look at how the proposals actually compared, score them, and discuss that in open public meetings. Um, and it took long enough for us to get through that process that now a year later, we still have not reached any real conclusion on that aside from kicking the can down the road.

Well, I will just jump in and respectfully say that the board did ask me uh to look at an extension and asked me uh uh by majority directive to work with the two parties. I'm doing that uh in good faith and there's nothing to say that this lease couldn't be amended uh even before the year is over if both parties agreed. Uh so that's a possibility too. Yes. And I can be glad that in this case both parties have agreed to the lease extension as working within the framework that they are playing ball. We thank everyone for that. Any further questions on this or a motion? We have

Oh, we have the motion. I can't follow myself tonight. I even circled it three times, guys. I'm sorry. So, so without any public comment on this motion.

Uh my name is Christy Wodc. I'm the managing director at Cricut Arts Center, 5098 Stonefield Drive, Trevor City. Um I do have one clarification. Um we were at the meeting you you mentioned the lease uh increase but Angela nor myself are in the position to approve that that that will end up going to our board. So I just I just want to be clear on that. Okay.

Um I do appreciate everybody um giving some consideration to this lease extension. Um I have notes this time because last time I kind of went off the rails and now I've got new contacts so they're I have to put things out further. Um, considering the lease extension does allow us time to have a thoughtful discussion and conversation about what the future of that building looks like. So, this would be helpful to us. Um, and we do appreciate that. It allows us the ability to plan with confidence for the near ter the near future. Um, and having the lease extension would give us the opportunity to seek out funding, which I have explained in the past other meetings with where we're at right now. We're not able to go out and seek grants and foundation money without knowing our future. Um, so giving us this year extension would be helpful for that. Um, it also strengthens our abilities with our collaborators in town. Um, we have which I would highly recommend everybody coming to see. We've got Grand Traverse Industries on display right now. We have a summer program with North Sky Raptor. So, we are engaged with community collaborations, but we can only do that when we know our facility and what we can offer and um these programs take months to plan. So, again, I will reiterate having that extension would be very helpful. So, I thank you for your consideration. Thank you, Christie. And

I just do want to point out with respect to the proposed 3% rent increase, it is tens of thousands of dollars less than what the rent likely would have gone to under the proposals that are currently under consideration. Is there any other public comment though? Just clarify. Wait till the end. All right. Seeing none, and thank you for that. And thank you to everybody for willing and city manager Marintet, Christie, Michelle for all willing to be able to talk. Sounds like the will of the commission is to give you all that space even if it takes a couple extra weeks. So, um, thank you everybody for tring showing true community spirit on this. So, with that, I will call the vote. All in favor?

I opposed. Motion passes. Okay. So, next we are moving on to our new business and this is a grant match for safe streets and I'll have you kick that off please, Ben. Uh, yes. I'll actually turn uh Oh, excuse me. I was on. We're not on the Are we not? Oh, yes, we are. Excuse me. See, we're all I'm off safe streets.

And yes, so what you have before you is a uh request for uh the city uh to commit up to $96,000 as the local match for the safe streets and roads for all grant. I will say that this total project cost is $850,000. The city would be contributing up to a max of 96,000. I am optimistic that we will uh receive a grant from the state that will cover half of our match. Uh so our match would be even less. I want to make it really clear that the aim and scope of this particular uh project is to take a look at our projects and their design and make sure that they are safe for all users, not just motorists, bicyclists, pedestrians. That's been clearly articulated to me by our uh city engineer. Uh, and so I see this as a sort of extension and in support of the work of our complete streets committee and I recommend that you authorize this.

Go ahead, Heather.

Yeah. So, I wouldn't say that I'm cynical about federal government programs, but I'm definitely skeptical that they that this one in particular uh sincerely represents all modalities because they tend to prioritize cars. Um, so I looked around uh to do some research on on this particular program and I was able to find some realistic assessment from Smart Growth America. It's a very well rece well well uh recognized group. They said that um with all the anti-pedestrian and anti-bike and anti-safety moves from the current administration. So the current administration, meaning the federal administration, not only affects our gas prices, but it also affects our modality choice choices. It's no surprise that the priorities have changed because it's this is different from the the one we saw last year. Um there's a a notable new priority of public safety infrastructure, it says. So it uh Smart Growth America u recommends that you get letters of support from your public safety partners. That will help a lot. Um it says one of the least less favor favorable considerations in this is um any that any perception that we would include in our uh our uh grant draft uh of taking away space from cars impeding vehicle flow flow or generally harshing on drivers vibe is not going to be well received. So, uh, if you want if you propose strategies that make roads safer by slowing cars down, be sure to emphasize the safety benefits for everyone on the road.

I'm listening to what you're saying. Yep.

Um, however, it does it um, Smart Growth America does recommend go just going for it anyway. Um it says that uh US DOT is demonstrating once again that it's clearly really not serious about actual safety improvements will result in fewer deaths and injuries. But the money is there and if you can make good use of it today also Strong Towns, I don't know if you look at Strong Towns, they sent out a newsletter this morning reporting that one pedestrian is killed by a vehicle every 72 minutes in the United States. Transportation professionals have built an environment where a person can do everything right. They can cross the crosswalk correctly. They can use a bike lane correctly. They can be very alert and follow the rules and they can still be killed or injured. Transportation professionals know this. They measure this. They c site the statistics and then they respond by telling the most at risk people in that system just to be more careful. Mhm.

So, I really hope that we can do better here in Traverse City. Yes, I do too. Excellent point. Do we have uh any other questions or a motion? I can make the motion. I move that the city commission authorizes the commitment of the not to exceed amount of $96,000 as the local match for the safe streets and roads for all grant. Second.

Okay. Thank you, Nessen Bulmer. And I appreciate that comment um Commissioner Shaw because I think we are in an era of I mean it doesn't take much to Google who we are at the end of the day but grants grant writing and how we emphasize might not always sound exactly like what our actual intention is and it's just one of the fun things that we do and as you said the the suspiciousness of the federal government talk out of both sides of our mouth. Exactly. So I appreciate that comment to to lead us off. Any other questions or comments from the commission on this? Seeing none, any public comment on this? Seeing none, I'll bring it back for a vote. All in favor?

I opposed. Motion passes. Good luck to the staff on that and we always appreciate their help. All right. Next, we have the discussion on the Khan Foster, and I'll let you lead on that, Benjamin.

Yes. Thank you. Uh, I want to first acknowledge the, uh, effort and time that both, uh, Paper Birch and Parkway Theater put into their proposals. uh and uh I have as I had said previously both uh at the commission level and in media statements that I was going to take this opportunity to personally review the proposals. Our parks and recreation commission has uh also reviewed them. may have a summary of their uh thoughts in your packet and uh respectfully uh I'm recommending that we not consider the paper birch proposal and the reasoning for that is that uh their proposal says only individuals 18 plus would be uh allowed in the facility and uh they also have a substant relatively substantial uh subscription fee which in my mind creates uh an issue with respect to accessibility uh more universal accessibility. I don't say that from an ADA standpoint, but making the this building within a park available to the greatest number of folks. I appreciate I genuinely do their concept, but I don't think that it meets in my mind, though it's ultimately a policy decision of the city commission uh what we would uh embrace as being in our parks for being available to the maximum number of folks. Uh Paper Burge also did indicate that they essentially desire a 20-year lease through four five-year leases. also a decision of of yours, but I just want to highlight that the RFP indicated uh a desired lease ter term was for five years. Uh in contrast, uh Parkway Theat's proposal in my mind is uh the one that still could remain under consideration due to its alignment with the parks and recreation commission's vision for flexible multi-use gathering space. Uh they would partner with various local organizations offering diverse programming. Uh the theater demonstrated a stronger potential to activate the space for a broad audience. Uh and I do want to note that if the

commission did decide to direct me to authorize or to negotiate uh an agreement with Parkway Theater that we will have to do uh due diligence into their financial feasibility. Uh so that's not been done. I just want to be very clear. Um and their for-profit structure. I think those things can all be probably resolved through contract negotiations. Um, and if the commission directs me to negotiate, not only will we analyze the financial feasibility, uh, we'll also explore the establishing parameters around sort of that co-leasing uh, arrangement uh, in terms of how they want to sublet the space and make sure it's in alignment with city resources and that would come back to the commission. So, that's really where we're at. Ultimately, the decision is the city commissions. My recommendation is that uh and I say it respectfully that we not consider at this point the paper burge proposal but rather that you consider uh potentially the Parkway theater proposal.

And so one of the conversations just to finish real quick that we had though in this is obviously we've had um you know we're learning our RFP process for these buildings. These are newer policies and we've been going through it. So, if we're going by the the um process that we had laid out, both of these proposals were not accepted at the at a different board's decision. The city manager, as promised, re-evaluated and looked through both of them. His opinion is that we have the Parkway Theater proposal is viable, but as mentioned, there are some other things that we would need for it. So, we have before us, I as I see it, three ways, three matters to discuss. we can discuss going directly to the Parkway theater proposal and um determining how we want that to move forward. We could um kind of with this understanding of maybe some shifting um or more clarification. I think we've gotten better over from when we created these RFPs to today of being much more specific in our RFPs. We could reopen for a short period, invite Parkway to reapply, invite even um Birch Paper, sorry, I forgot paper birch, sorry. um knowing now know understand the parameters better and anyone else in the public. I would also say if we did that I would emphasize that we would um underline in bold that the floor can be reset as part of a proposal. There was some was clear in the RFP but there was some talk out there that that was not an option and so that was out there too or we can always say as always choose to do nothing. So I think I'd like to hear from everybody on their thoughts about the city manager's memo and what we like to go forward as we're having this discussion. And so with that that I'll open up the discussion. Go ahead Mitch.

Yeah. So for city manager Marit um unlike the um Carnegie building where we had two proposals that ultimately scored perfectly on our rubric. Uh here we had two proposals that neither one met the threshold. Um and you have since reevaluated. Do you feel that the deficiencies in parkway theaters uh can be sufficiently addressed? I do and that's why I consider it a viable proposal. I know one concern was also that there would be a a liquor within the building and its proximity to like the splash pad and respectfully in my mind I don't see that as an issue. There are lots of boats in the marina nearby and I can say boers enjoy their cocktails myself included. Uh and uh we have uh establishments just through a tunnel all through downtown uh that have uh that serve liquor in the midst of not not far from toy stores and other things where there are kids. So I don't see that as a concern. Uh so to me that was that was one of the things that was prior considered a concern and it is not one that I hold.

Go ahead Jackie. Um I would support you're entering into further negotiation and discussion with um the Parkway Theater. Uh what I find most attractive is the inclusive nature of their proposal. Um you know all ages uh a wide variety of the cultural, educational, entertainment and and artistic um

aims that we had identified in the original um RFP. I I wonder if you see any possibility to um also discuss with them um year- round programming as opposed to um having um seasonal gaps of any kind just uh in support of our strategic plan which aims for a thriving yearround community if they can be supportive of that. I certainly would explore that if I ultimately get the direction to talk with them.

And and really quick, Jackie, to piggyback on that that I know for this when the Beiju was operating out of there, there was a requirement in that contract that they have something open to the public, a movie or a public event of some kind, x amount of days per year. So that's certainly precedent for that in our our contracts. Go ahead, Heather.

Um I I agree with Jackie. I support continuing discussions with Parkway Theater. It may align more closely with um in an open space or setting. But I I also agree that we need we need yearround programming. We need all ages and we need daytime and nighttime programming because this is because of the location of this park or this building and in that park. I mean it needs to be in use all the time or it's a waste. Great point, Lance. And then Laura,

uh I was just I think might be appropriate time to make a motion. Yes. Um perfect. Uh okay. I move that the city commission direct the city manager to negotiate a lease with Parkway theater for use of the K Foster building with any agreement to include provisions addressing financial feasibility for profit structure subleting parameters and alignment with the parks and recreation commission's principles. Uh and that the final lease be returned to the city commission for approval. And I'll send that to you. All right, and Treadwell, did you say you'll send that to her? That's great. Love that we have that's the nice thing about having the computers here. All right, further discussion or questions. Go ahead, Laura. And then K.

I I think this is a great fit and and I have confidence that our city manager will be able to work through some of the details. I agree with the comments that Commissioner Anderson and Commissioner Shaw made um and reflect back on the beginning of the RFP process when we discussed as a group what we wanted to see in that building. And um I I just remember us all discussing culture and performing arts and what a great fit that would be and how well it fits with the placem making aspects of our strategic plan.

Okay. Go ahead. There was pretty significant, I wouldn't say significant, not like Crooked Tree and Tattle, but there was community feedback suggesting performing arts venues were appropriate for this place. And those were consistent with our original thoughts, and it's uh I think I'm very happy to see this go forward. So, uh I don't know how I feel about a 20-year lease. Um that was that was the other, right? My apologies. It's okay. We've had a lot of leases in front of us.

Well, I think it's it's part of this discussion and question as to if we're going to do this RFP, how often are we going to do it? When is it appropriate to do it? And if we do it for one, must we do it for all? I I like consistency. I think processors are processes are important. And um I don't want to get into the weeds with um a lot of whatifs and way things changes as we go along, but I'm excited about this. Performing arts is I think the thing for this building. Go ahead, Lance. Yeah, I'm excited. Uh well, obviously I made the motion, so I'm excited for this. Um and you wrote it.

Yeah. Yeah. I there wasn't one in the so I had to write one. Um, art uh and the the arts uh in this regard uh I think are a significant investment in our community. Uh we have a lot of room for uh growing that. Uh I love it and we had a ton of public support uh at least via email or at least I did. I don't know if you guys read all the emails but um there's a lot of support for for this use. Great. Any other comments right now? I'll give them a moment and let Is there any public comment on this? See you, Brian. Go ahead. And others.

Can we see a show of hands of all who might intend to speak tonight so we have an idea? Okay. Okay. Thank you. Good to know. And if you don't mind, you can start lining up as well so that we don't have so there isn't a gap. I had just asked for a show of hands for those who intended to speak this evening just so we had an idea of volume. That was all. Thank you. Everyone's welcome to speak, of course.

Good evening, everyone. Uh, my name is Brian Chamberlain. I'm the owner of Studio Anatomy, um, and Eugene's Record Co-op at 346 East Front Street downtown. Um, my home address is 1337 West Harvest, uh, in Trevor City, not in the city limits. Um, but I am one of the the members of the Parkway Theater uh group um that submitted a proposal for the RFP. Um, I want to start off by thanking uh Michelle Hunt, David uh Wolfford, Deb Allen for working with us uh this concept for the Con Foster building. Uh I first reached out to Deb back in the summer of 2024 to inquire about the state of the Beiju, no pun intended, and I appreciate her work and keeping us updated. um and being realistic about the timelines and how long it might take to get to this point. Uh even though just like what's happening with the building, this is a could be a really amazing opportunity. Um it's been a long and tedious process, but felt the efforts toward this proposal were worth working tirelessly for, especially with opportunity to bring life back to the Viju Theater and build on existing use by adding a live performant aspect to the venue. It's such a wonderful building surrounded by nature with a lot of character and history. We're grateful to potentially have the opportunity to open the theater as a midsize venue with a variety of events including live music, comedy, theatrical performances, art shows, and classes that will be accessible to a wide range of ages and incomes. There's also a lack of uh entertainment options uh for youth in downtown TC. and we're looking to change that with opening of a performance venue at the former Beiju with all age events as well. Um, our group consists of uh small business owners, NMC and Interlockan employees, artists, musicians, and designers. We're heavily ingrained in the local arts community and look forward to organizing events for the residents of this town that were literally inspired and entertained

thousands over the course of the initial 5-year term. In the past, Trevor City has had periods of vibrant music scenes with multiple shows occurring weekly and now legendary venues such as Loading Dock, Inside Out Gallery, Union Street Station, and Streeters, all of which no longer exist. We want to continue the area's legacy of highlighting local and national talent with a space that will be nothing like what existed before. The venue will be an immersive environment with color, art, lighting, and sound that will be an unforgettable experience for all who attend. Uh lastly, I just want to thank the community for the tremendous support for this project as well as my colleagues Olivia, Matt, Rob, Madison, Evan, Ryan, Andy, Dne, Ed, Jason, and Ben. Thank you. We are ready to get to work.

Thank you. Hold. I know we're excited, but hold the applause, please, so everybody feels comfortable. Uh Matthew Stafford. I live at 731 Barlo Street and I own Front Street Tattoo at 502 East Front Street. Uh, I just want to say thanks for giving us this opportunity. Um, I've been making a living off arts and culture for over a decade now. I see some gaps where we don't have the arts and culture for the demographic that we're looking to to target and really excited to get started on this. Thanks. Thank you, Matthew.

Hi, I'm Josephine Ross. I don't live in Traverse City. I live in 1167 Darger Road, Cedar, Michigan, Leelon. So, we are your neighbors. My adult daughter uh Morgan has lived in Traverse City for 14 years at she's at 231 9th Street with her husband and um they are musicians and artists and I first come came to know Brian um through them uh when he helped support and helped them when they were an emerging band quite a few years ago and helped them produce several albums. So, I'm just going to read my letter so I can keep it short and to the point. I'm writing to share my support for Brian Chamberlain's proposed Parkway Theater. Mr. Chamberlain's focus is on community engagement and connection through music. His work specifically supports and connects local and regional musician and artist development through concerts, practice studio space, rehearsal, and recording space. And by the way, that is yearround that he does this. Mr. Chamberlain has been a longtime small business owner in Traverse City. In 2012, he opened Studio Anatomy and Eugene's Record Co-op in the Arcade Building. Since 2023, Eugene's has been at the Coin Slot Building for over 14 years. Mr. Chamberlain has shown commitment, flexibility, and fiscal responsibility in a challenging commercial environment. His business has survived several location moves over the years, as well as the COVID pandemic of 20 2020 and 2021. He enjoys widespread support and respect from fellow Traverse City businesses, other concert promoters and venue operators, local artists and musicians, and the public. Despite the modest square footage over at Eugene's, Chamberlain regularly hosts live events, including local and regional bands, comedy, improv, and art shows. His recording studio has also supported and helped to develop many emerging musicians. There's a strong need in Traverse City in the Northern Michigan region for a committed performance space for audiences of varying ages with

affordable, accessible price points in the city center. Locals and visitors alike will be able to take in a music or comedy show or participate in youth thespian endeavors such as Full Tilt or spoken word performances like hearsay and poetry slams. The Parkway Theat's uses will respect the integrity of the historic Confoster building so that in the future, this city-owned property's value as a performance/gathering space would be maintained. The Confoster building is already configured as a performing vent event venue with stage ADA compliant access and a downtown location that encourages visitor walk-in traffic of all ages. Parking is readily available and safely accessible via the tunnel under the parkway. In conclusion, uh my husband and I, Jeff Ross, he's over there, feel that Parkway Theater aligns very well with the missions of parks and wreck and is a great fit for this larger community. Thank you.

Thank you, Josephine. Actually, Miss Lux, if you would. Thank you very much. Thank you.

Hi there. My name's excuse me, Jason Lawrence. I reside at 920 Lincoln Street here in Traverse City. And I just want to say that I have known and collaborated with Brian Chamberlain for almost 15 years now on a wide variety of uh different artistic projects. And I can't think of a more ethical and uh uh determined uh person to uh spearhead this Parkway Theater project. Um, I'm also a downtown employee and I'm really looking forward to the economic impact of having uh events and shows in that space um spilling out into the rest of downtown and I think this is a wonderful use of our uh city's resources. Thank you.

Thank you.

Good evening. Uh my name is Matthew Morgan. I have a 3527 East Mill Road in Gro, Michigan. And I just wanted to uh you know voice my support for this project. Uh you know, Trevor City and just Northern Michigan is a hotbed of you know the arts. So any opportunity to expand the scope that is not necessarily covered by other venues, you know, we have a outstanding lineup at Cherryfest every year. We have options at the Ouvian. We have arts at the Playhouse and at the opera house and I think this is an incredible opportunity to turn the Beiju into another one of those incredible spaces for our town and I just hope the Beiju can shine again. Thank you.

Thank you, Matthew.

Adam Neonowski. I live at 241 East 9th Street in Trevor City. Uh, as the father of a teenager uh, daughter 15 who feels like she doesn't fit in sometimes, I can tell you that when we show up at Eugene's for an event there, there are scores of people around that feel like so inclusive and so respected of of everyone coming in there. And it's a space that I think is very very important where some teenagers are forced to go to school. They're forced to, you know, do all the chores at home and things, but then they can have this outlet and that's available to them and that is just a great great space for um for that. So that's that's all I have to say. Thank you.

Thank you, Adam.

I'm Ryder Campbell. I live at 8742 Red Pine Drive in Lake Anne. I just want to voice my support for the Parkway Theater and I feel it'd be a very like beneficial to the community and I've seen firsthand how kids my age get in trouble and I feel if they had something they could do and a place they could go and gather together that it would be it would help prevent some of the trouble they get into. and I just think it would be very beneficial to the community and as youth of this community, I want to voice my support for it.

Thank you, Ryder. Any other public comment? Seeing none, I'll bring it back to the commission. Go ahead, Heather. Um, first of all, I really look forward to the day when we're not calling it PG, right? We We have to rebrand ourselves. Yeah. Over. And second of all, I love the idea of a place for teenagers to go. When I was growing up here in Trevor City, we had the bogey. I don't know enough to remember the bogey. I think it was where Rotary Square is now.

And that's all of us middle schoolers. We went to the bogey and we danced and we had bands come and play and there were hamburgers and teachers from the middle school. was called the junior high then would come and supervise us and it was a great place and I think that's really something missing from our our towns the offerings in Traverse City. I agree commissioner Sh we used to do an adopted the commissioner program which I hope we bring back um and every year the group of students when I'd first sit down and talk to them would be would say the number one thing there's no place for us to go that's not alcohol or over 21. So yeah well even they weren't even talking about the mall at that point. They also asked for a Chipotle grill and we can say we delivered.

Um but yeah, no so so um I I appreciate the conversation. I appreciate everybody's public comment on this too. So um with that, I'll call the vote. All in favor? I opposed. Motion passes. So excited for the new lease on the con foster as Heather was wise to point out. Yes. All right. And with that, we'll now move on to the Northwest Regional Airport Authority. Um this thank you Commissioner Shaw for bringing this forward and I know uh Commissioner Bulmer has been um in talks with you about this too. So I'll let you tee it off. Yes, I will tee it off. Um first of all I I really want to thank um Jackie Anderson. Jackie and I have been going to those NRA meetings. Oh well thank you both years

uh religiously. Sometimes I couldn't go. Jackie would go. We shared notes etc etc. And um I think that we've really got to a good place. We've made a lot of progress on that um zoning overlay. I mean, really positive pro progress. And now we're ready to make some progress on the uh getting some representation on the board and um Lance has done a wonderful job coming up with some ideas about how to do that.

Yeah, I can speak to that. Um, so Heather and I spoke uh before the meeting and I also spoke with our city attorney uh and our city manager um about what this could look like. Um and then having worked with some of our colleagues uh at the county level, what it might look like uh for them. Um and so what I think we'll bring to the next meeting as a proposal for us to formally um adopt as a resolution uh if if there's like consensus here that this is something we might want to ask the county to do is a resolution asking for two additional seats uh to be added to the uh NRA board um with those two seats being appointed uh by the city commission um as either city commissioners or if you guys had opinions on a resident in the city or just two city commissions that would put us more in alignment with like uh Tri City Light and Power Board which has two commissioners on it uh as well. And we bring this up because um the airport encompasses uh and and encompasses essentially 20% of our of our city. Um we gave up our seats uh and our control of that board uh 1988.

Yeah, I think a specific date to July 21st. July 21. I have it open in front of me to help you.

Um, and there's currently, you know, $120 million airport project happening uh with zero representation from uh anybody accountable to uh our city residents. And that is us, right? We're the accountable one to the city residents. Um, now there is one city resident who sits on the board. um but they're not accountable necessarily to to the voters, right? So that's why we bring we bring this up. We think now is the right time. Uh and instead of doing this through like attrition, which is one way you could do this, the NRA and the county could essentially add these two seats now uh instead of having to wait for attrition to happen. How many seats are there currently?

There's currently nine. Okay. So that would still give an odd number, which is great. Yep. It would give an odd number. It is the uh state's third busiest airport outside of Detroit and Grand Rapids. So, um an 11 uh you know, if you look at the numbers, right, an 11 person board. Uh while that might take up a little extra time being such a larger board, um it you know, I think I think 11 is a good number because you have so much involvement there and it is the third largest. Yeah. Yeah. Third largest third largest and third busiest airport in the in the state. And Ken, you had a question. Yeah. Um Heather, you were at that most recent meeting with me, the neighborhood meeting.

Yeah. And um one of the things that was mentioned from airport representation was that that board cannot consist of more than 40 45% of elected officials. Does that sound familiar? That was a comment that was made. I would I would yeah I guess I would want to clear that with because there are elected members of that there are members of that board that are elected peoples and then there are appointed peoples that are not elected and that was one of the reasons that we needed a city resident who was not an elected person. If we add two seats of elected

city people I think there's an issue with the percentage of the board that is then becomes elected persons. So, we're completely appropriate, I think, asking. Yeah, we'll have Lauren check that out. That'd be Yeah, we'll we'll look at that. But also, I think as you teed it up as appointed by the commission, if it's not um if the seats aren't designated as commissioners, but they're appointed and they happen to be commissioners, that may make a difference as well. So, I think we need to sort of um maybe split that hair a little bit. Sure.

Yeah. When I was writing when I was writing a resolution, um I did look into uh which law was it? The MCL259.108 um which is essentially the airport authority act. Yeah. And how those boards can be made up. And so

so yeah, I want to keep I think that's I want to keep this to um us kind of putting out what we'd like to see and what we want and have Lauren look it up um because we're going to tackle it again next week. So let's all keep I love everybody's ideas going. Go ahead, Jackie. And then I have Mitch. just I would I would be very much in favor of being represented by two people. Um expanding the size of the NRAA board to 11. Um, I would be very grateful if one of the Traverse City representatives could be um a city resident uh so that the citizen perspective is represented and and even if it was possible to um uh include someone who has the perspective of being a near neighbor to the to the airport and has that lived experience. I think that would be a really valuable perspective that doesn't exist on the NRAA board necessarily right now. Mitch,

yes. The issue of uh accountability both for the airport board being accountable to community and us as uh elected officials holding them accountable has been a longstanding issue. um going back to when we gave it up, but also uh the county has faced this as well. Um our current state rep at Sophia served a couple terms as a county commissioner and much of that time was spent uh trying to get uh the airport board at that time more accountable and it raised the issue of the need for better representation on that board and uh a voice for people specifically as Commissioner Anderson said that live close to the airport u notably in the flyways uh town and country um along Barlo. is outside the city, but they had half of their um trees and other landscaping clearcut.

And while all those uh property owners did receive compensation, it was uh a forested um verdant neighborhood and now it is uh quite stark uh where the airport drew the line.

And so I would um just to add my two cents, I would agree with uh Jackie's suggestion. We have a city um resident on the board right now. That is at the will of the county though. It's not a guaranteed. And so I I would like to see us have one elected and and one citizen as well. Um I think we could hammer out if we wanted to what that nearness the airport is. Um and but I think that's a good suggestion as well. Um go ahead Heather. Yeah, just um we are told over and over again that the city is represented by a city resident, but that is Dan Junkoff, who actually owns uh the aviation learning center at the airport. Um 100 uh $ 1.5 million property bordering the airport. Uh it's all about uh reviving interest in general aviation. So in fact, this is not the kind of repres representation city is looking for. It's more like and airport representation. So, we need to be careful about that.

Go ahead, Laura.

So, I first of all thank I'd like to thank Jackie and Lance and Heather for their work on this issue. It it is an important issue. We get a lot of communication from city residents on the airport. I'm in favor of this request for three reasons. Um, first, the city's voice matters and the airport represents 18.77% of total city land and directly impacts city residents from whether it's noise, traffic, land use, environmental effects, quality of life. Um, we hear consistent concerns from residents about expansion and zoning and easements and trees and neighborhood impacts and the city really needs to be at the table for these types of decisions. Number two is I think it will help us to be proactive versus reactive. um given the pace of the current airport activity, we can't really afford to be reactive after the fact after these decisions are made and representation on the board will help us to engage early and more consistently. Um and then third, it it really fits again with our strategic plan when we look at regional collaboration. This would be a constructive partnership. It would help strengthen um representation with the airport authority, strengthen our partnership, and that will ultimately lead to better, more informed decisions for the entire region. So, I I fully support this concept and and look forward to seeing the resolution come at a future meeting.

Great. Ken, did you want to put your hand up? Yeah. Um, is is it our intent with this proposal to only propose this to Grand Traverse County, the Grand Traverse County Board? Well, the way I versus Yeah. The way I've written kind of the resolution though.

Yeah. the way well the way I've written the the resolution it it would direct essentially the city uh manager and the city attorney uh to work with both Leela and Grand Traverse County because they both uh in in the interlocal agreement they you know kind of have to sign off on this there currently is two seats uh from Leela County um and then there is one on the on the NRA board there's one seat that is uh outside of the twocount region um And that person is currently the chair.

I I only bring that that question up with Leelenoff because the airport is in Grand Traverse County and is obviously affects Grand Traverse County. So I feel the county would be Grand Traverse County would be less inclined to want to give up some of their representation on that. But right, the airport not being in Leel County, even though they were one of the original members of the NRA, I could understand possib I feel like that's a better ask than to the county, a more fair ask. I'm Yeah. And we had kind of thought about like the that's the attrition model, right? Um

then again, that but that would put us squarely in like the end of next year before somebody would at you know, so it would be a 2027 uh potential appointment and It is like I said the third busiest airport in the in the state. So I feel that and and Heather and I felt you guys your opinions are yours uh that 11 people made sense as an ask and it was almost an easier ask um than asking another entity to give up their space. Yeah, timing timing is everything. Yes, I don't disagree. Ask for the moon. You may only get a piece of apple pie, but not even the stars is apple pie. I like that.

Totally fine. I I think all the the thought processes and the questions and everything that we've talked about on this is appropriate. I think it's a very appropriate ask. This was 38 years ago that we kind of left our seat at this table and the world has changed since then. So just like the world was different then, it's different now. And it's it's not inappropriate for this ask. And I don't think that it should be simply turned down due to the fact that you left your seat at this table 38 years ago. Different world. This is a new time. I wasn't even born. Yeah. It's it's a fair ask. It's totally fair. So I'm I'm I love the way this is going and I support this.

Yeah. I wish I'm with you guys. wish we hadn't lost that. They're given up that seat, but I think it's very fair for us to ask for that representation back and hopefully they'll that'll be agreeable. In terms of process, we don't have a motion tonight. This is just discussion and then we're going to have something brought back to vote on and I think Heather and I will bring a resolution uh to the uh meeting on the 18th. Um but that resolution will be vetted by staff first just to make sure that everything is legal. Yeah.

Great. Okay. Well, we thank you all three of you for your work on it over the years now and um hope that it falls on positive years at the county. Um but you know, we have historical presidents with us. So, that's great to hear. So, all right. Well, thank you everybody with that. Look forward to that coming back to us. And now we have the just the introduction. Don't worry about full um full discussion. Oh, I I see a hand go up actually. Sorry. There's no motion, but if we want to have some public comment, because we are drafting the resolution, we'll go ahead and allow for some public comment here. If you you would like on the airport issue, go right ahead. In just a moment,

we actually only have 10 more minutes of business left, actually. So, I know it looks like there's two other items. This next one's real quick, so I promise.

Hi, uh, my name is Carrie Noga, and I am resident at 442 Hamilton Street. I am also the president of the Oakwood Triangle Neighborhood Association which is uh just to the north of Cherry Capitol. We are uh zone three of the zoning uh overlay plan. Uh and I personally do live in the uh flight path of the north south runway. Um I I I'm glad to hear heard everything uh I just did. I'm sorry that the seat was given up uh back in 88 as well. Um but uh the issues with the airport and particularly uh potential tree trimming in Oakwood Cemetery, which is a city-owned property, uh and the airport uh has made clear that they need to deal with the city uh in regards to Oakwood, I think would only be facilitated by official representation. Um I agree about asking for at least two um on there. and uh I I personally do like the idea of both being uh elected officials for that accountability factor. Um but representation uh of any sort would definitely be an improvement um going forward and so uh I look forward to seeing that resolution passed and thanks very much.

Thank you. If there's probably comment, please line up at the podium just like other issues here. Go ahead. My name is Tom Berkeland and I'm a um resident of the Oakwood Triangle neighborhood. I live at 634 Woodland Drive and what I wanted to speak to tonight was regarding the trees in our cemetery there. I found out that um

just really quickly the motion and the well the discussion point is about the resolution. So, if we can kind of push it more towards that representation and the the resolution, we're going to have other things come before us in the future. So, um just kind of keeping it on the topic that's on the agenda tonight, please. Okay. Can is can I at least talk about my concern with some of the trees that I found out? That's not an issue before us right now. So, if you want to talk about the representation and how that might what you're looking forward to as part of that, please do. Otherwise that when that become that is an issue we can have that or you can speak at general public comment at the end. Okay. I'll speak at general comment at the end. Thank you. Thank you. Any other comments on this?

Okay. Well, thank you for that shared um opinion from Triangle Network and um adding that to our resolution considerations and conversations. So now we'll go to the proposed budget. Again, this is just teeing it up for us. We will not have any kind of discussion right now, but please

Right. Yeah. Thank you. Uh I am I just have to say I have a lot of professional pride to be at this point to present a a budget to the city commission that I think for the first time in Traverse City's history since its incorporation 1895 is based on a communitydriven strategic action plan. Uh in the uh packet you have the executive summary from me uh which is uh just three and a half pages which isn't too bad for such a big budget. But then following that, it discusses and outlines the strategic alignment uh and goes through all of the pillars of the OKRs and how uh items that I have recommended be included in the budget were arrived at. I want to thank uh very much our department head leadership team for their work on this embracing the OKRs. I want to specifically thank Colleen Pavllio, our director of communications and strategic initiatives for her work on driving that. Uh, and I want to thank Christine Booseley, our human resources director, Heidi Shepy, our finance director and city treasurer, as well as Brian Postma, who almost no one sees, but he's our financial analyst, and he is a guru behind the city's budget and a very bright uh professional accountant. And of course, Jon Robinson, our deputy treasurer. Uh, so tonight, really the only thing uh for you to do is to uh take action scheduling the public hearing for May 18th. by city charter. Uh the public hearing has to be on May 18th. So that's a requirement and the budget can be adopted as soon as May 18th, but no later than June 1st. Of course, there's always the option for the city commission to pass budget amendments throughout the year. Uh I anticipate the uh uh more robust discussion would occur at the May 11th study session, which is a week from today. I'll be making a high level presentation on the budget. Brandy Ekran and Carla Myers Beaman from Trevor City Light and Power will be doing that on behalf of Light and Power for about 15 minutes uh plus Q&A and then the same

for Harry Burke Holder with the DDA. So um yeah, it's just been an honor to be involved in a intentional municipal budgeting process. So thank you. Thank you for that. Um we can take um any questions really quickly, but we are having a full study session on it next week with the exception of our couple minutes discussion on a rubric. So go ahead. I would like to make a motion.

Beautiful. Thank you, Jay. Um, I move that the discussion and approval of the city manager's proposed budget for fiscal year 2026 2027, uh, including the six-year capital improvement plan, all proposed tax levies for the city and the downtown development authority, and also a public hearing regarding the Traverse City Light and Power and Downtown Development Authority budgets be scheduled for public hearing on May 18th, 2026. Support. Thank you, Commissioner Anderson and Mayor Prom Nesses. Any quick questions about it or go ahead. Well, um, we were hoping to adopt this by June 1st. Yes. Or as soon as May 18th.

When were we going to anticipate that joint study session with the county and the city in regard to homelessness funding? Not before agreement. That's likely going to be in June. Uh, right. And and I'll just say on the homelessness front, we can get into this next week that I'll share uh my proposed appropriation for housing or homelessness initiatives. Yep. Okay. And again and the budget can be amended throughout the year. Yes. Jackie, go ahead. If we do have questions for you at this point, how would you like to receive them? What would be most email would be great. And if you can compile them all in one email, that's fantastic. Of course, if you think of other ones subsequently, we'll take those, but one email would be great. And if you prefer to sit down and talk, I'm happy always to do that, too.

Thank you. Any other questions or Excellent. Well, any uh public comment on this item? Seeing none, um all in favor? I opposed.

Looking forward to a robust discussion with everybody next week. So, thank you for that. A little bit of light reading homework for us here. Um all right. And for the students following, we have appointments and then we have quick board reports, public comment. Shouldn't be much longer. Um, so with that, we'll go on to our board of zoning appeals. Um, and I want to thank um, it looks like we had, sorry, I'm losing my place here. Uh, commissioners Anderson, Bmer, and Funk on this one. Of course, Commissioner Funk, I think he got put on most of our ad hocs this year, but um, so thank you for your work. Did, uh, if anybody wants to make the motion or let us know. Go ahead, Heather.

That uh, I move that Emma Hughes be appointed to the term expiring June 30th, 2029, previously held by Gerald Degrassia, effective immediately. Jesus Cardona for appointment to the term effective July 1, 2026 and expiring June 30th, 2029 currently held by Kyle Norman on the board of zoning appeals as recommended by the ad hoc committee consisting of Commissioner Anderson, Commissioner Bulmer and Commissioner Funk support. Thank you, Commissioner Shaw and Anderson. Any discussion on this item? Go ahead. I'm glad that you took that. Oh, beautifully pronounced. We have a fluent speaker here.

Oh my goodness. Thank you for doing that. After uh 16 consecutive months of no BCA meetings, it looks like we'll finally have one this month. That's great. And we we did have a discussion about that actually. Um and our our question was can we can we ask the whichever department is overseeing that board essentially? Yeah, thank you. Um, can we ask that they maybe hold some more meetings uh and and maybe do some mock studies on like what's might something might come up to the meeting? Um, do you remember that?

We discussed like some sort of informal quarterly training um or like some board development something to keep that those members engaged. Yeah, they had practice studies, review of prior decisions, anything that would allow them to stretch their their legs and learn how the process works. That's a great idea and especially for some of our infrequent ones if there's any others too. Michigan Association of Planning does have good trainings for specifically BCA members. Fantastic. All right, any public comment on this item?

Seeing none, I'll bring it back. All in favor? I opposed. And thank you for the recommendations from the ad hoc too. Appreciate that additional discussion. Okay, last bit here from us is any updates or reports from your respective boards. And I know we have the uh we've mentioned planning tomorrow with we've already talked about it. There's a there's a public hearing regarding zoning for lot B about carentric and car centric uses. Great. Any others? Okay. Well, thank you all for that. Um, and at now we will get to the final public comment. And this can be about anything under the sun, whether it was on the agenda or not. So, please feel free. Yep. Sorry, sir.

Thank you. Um, again, my name is Tom Berkeland. I live at 634 Woodland Drive. And the reason what the reason why I'm um talking to you tonight is because I found out in the past few months that um many of the trees that are being replanted in our cemetery are actually um smaller trees um that are not um similar to the height of the trees that are currently in the cemetery. And this has been directed by TVC I was told to our parks department. And anyways, I'd like to um see that changed um because this park is one of the most beautiful parks I think that we have in our city. And what makes it beautiful is the height of the trees. Um, I realize that they'll have to be trimmed in the future, but um, as a person that walks through this park pretty much about every day, um, and I see a lot of residents in the city as well as my neighborhood walking in there throughout the day as well. Um, I think it's important to preserve this tree canopy for not only the us but for our future generations. And I've noticed that the trees that have been planted um are somewhat kind of a dwarf type type tree. So the canopy that they're going to provide in the future is not going to be anywhere near the canopy that we have right now from the old growth trees, many of which are 100 to 200 years old. So, what I'd like to see changed is I'd like to see um our city arborist given free reign of what types of trees he thinks is best to plant in there to preserve this um canopy that we presently have for future generations. And um he should also have a decision on how to trim the trees when they when the

airport feels that some of them need to be trimmed. So, that's all I'd like to state. Thank Thank you for sharing. I appreciate it.

Hey, uh so I woke up this morning, you know, it's May 4th. Um this is, uh you know, everybody, some people may have celebrated May Day, this type of stuff. Um little history lesson. So 140 years ago marks the uh the Hey Market massacre. um 56 years ago marks uh the Kent State massacre. Um and also today or actually tomorrow I believe marks uh one anniversary from the guess from you all picking out everyone from the pines. Um, and it's kind of funny cuz like, you know, I was thinking like, you know, these things have something in common and uh like what is it, you know, but it's it's state repression and violence, you know, violence done by people like this guy over here, you know. Um, I think it's cool that you're all going to have some conversation in June about homelessness, but um, there's still people that can't make it to the shelter cuz they don't have beds. Um, yeah, you all you all it's been a year and like you all have done nothing to help in any real meaningful way the people that need the help. Um, now it's a year later and um, things are worse for a lot of people. Um, a lot of people are in more precarious situations than they were given the state of the world. Um, and I just, you know, I think you guys aren't doing enough. And a lot of times it's like, uh, you know, it's a fight to

have you all like recognize people's humanity. Um, you know, like I after the Pines was closed, like uh there's an individual that sat on a bench for like three days. Um, didn't know what to do, where to go. Luckily, people were uh able to bring him food and keep him company. Uh, but eventually he was gone. And, uh, you know, there's people looking for him for weeks. Uh, nobody knew what happened. Some people thought he was dead. Um, luckily he's not. You know, turns out he was picked up on some, you know, frankly a charge uh that the TCPD already knew about, but they hadn't taken them in for it for, you know, cuz it's not it's not an important charge. But now that the Pines is gone, they had to lock them up for anything, you know. Um, yeah, it's just, you know, you all need to do better. Um, you know, you.

Excuse me. That will not be tolerated. If you continue, you'll be escorted out of this room. We do not accept profanity. Why don't you take your seat or leave room while people die? Take your seat. People die. Chief Richmond, if he's not going to leave the room, I'm going to ask you to escort him out of here. Time to go. Yeah. Okay. you. Uh, you're out of here. Oh, yeah. He's going to escort you out of the building. That's cool. Yep. Yeah. Um, Chief, if you would without delay, please. Thank you. We'll see you in another year if you all have done better, you know. But I guarantee you won't. Guarantee you won't.

Yeah. I'm not as brave as Logan. Um, I live in my um, well, I had a van. I don't live in my van anymore. I live in my Subaru. A kind group of women gave me a Subaru to live in. Uh, I have been here talking to you on several occasions. Um, and my friend Logan there, um, he's right. Shame on you guys. You have not done nothing. The chief of police told me that every homeless person has a place to go and it's just a fad or it's just, oh, they just want to live in the woods. I've been on the street for so long. There is no housing for me. I've been here talking to you on several occasions telling you that my friend Logan is tired. I'm tired. I am sick. Literally, physically sick from living on the streets and surviving every single day. I You guys must think I'm a joke. You must not see my humanity. I am a human just like you and I deserve a fair shake in this world. Do I have to work three jobs so I can afford an overpriced apartment in this town? Why? Because the rich people are better than me. Their lives are more important than me and my community. We are suffering. We are suffering. The pines is was never a solution, but that's all we had. And you didn't give

us a freaking solution. We're everywhere now and we're scared and we're hiding. We're hiding. I've literally been kicked out of the from behind the library in my van. I don't have a place to go. I came here with a dream and that dream is slattered. All I can do is start talking and fighting for my community because my community needs us. We have forgotten that we are a community that cares about each other. WE HAVE to take care of each other. I am angry. I am angry with all of you cuz I have seen death. I have seen suffering, my own suffering and the suffering of my people. I am proud to call myself homeless. I am not ashamed of my homelessness because I am human just like you.

Thank you.

Any other public comment at this time? Seeing none, any final comments from the commission? I invite members of the public to look at the safe harbor report immediately following what we just uh covered in our packet today and I hope that members of the county commission are watching our meetings as well. So with that I will go ahead and adjourn this. Anybody who's waiting for signatures come up. Anybody up here at the DAZ can help sign anything for you. Thank you for hanging in. Go. We can all find it.