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CITY OF MUSKEGON CITY COMMISSION MEETING May 13, 2025 @ 5:30 PM MUSKEGON CITY COMMISSION CHAMBERS 933 TERRACE STREET, MUSKEGON, MI 49440 MINUTES The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, May 13, 2025. Pastor E. J. Wood from All Shores Wesleyan Church, opened the meeting with prayer, after which the Commission and public recited the Pledge of Allegiance to the Flag. ROLL CALL Present: Vice Mayor Rebecca St. Clair, Commissioners Jay Kilgo, Destinee Keener, Willie German, Jr., Rachel Gorman, and Katrina Kochin, City Manager Jonathan Seyferth, City Attorney John Schrier, and City Clerk Ann Marie Meisch Absent: Mayor Ken Johnson 2025-38 PUBLIC HEARINGS A. Brownfield Plan Amendment- 351 W. Western Ave., 351 Phase II, LLC Economic Development 351 Phase II, LLC is requesting consideration of their brownfield plan amendment for the redevelopment project located at 351 West Western Avenue. The City of Muskegon Brownfield Redevelopment Authority has received a request for approval of a Brownfield Plan Amendment under Act 381 for the 351 Phase II Redevelopment Project. The proposed amendment involves the redevelopment of approximately 0.5 acres of partially improved and vacant land located at the corner of W. Western Ave. and 2nd Street in downtown Muskegon. The project, led by 351 Phase II, LLC, will transform the property into a mixed-use development featuring 64 new residential units (41 studios and 23 one-bedroom units), and approximately 3,112 square feet of first-floor retail space. This addition will enhance the existing Lake View Lofts project, which currently comprises 20 residential units, bringing the total to 84 units. Page 1 of 14 Approximately 50% of the new units (32 units) will be designated for tenants earning 120% of the area median income or less for a period of 30 years. The project is expected to commence in summer/fall 2025 and be completed within a 15-month construction period. The total capital investment is estimated at $27.7 million. The amendment allows for the use of tax increment financing (TIF) to reimburse the developer for eligible activities totaling $6,540,560. This includes baseline environmental assessment activities, housing development activities, site preparation, infrastructure improvements, and potential rent loss. The Brownfield Redevelopment Authority's administrative costs are expected to be $384,333 and $353,829 for the Local Brownfield Revolving Fund. STAFF RECOMMENDATION: I move to close the public hearing and approve the Brownfield Plan Amendment for 351 Phase II, LLC. The public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Keener, second by Commissioner German, to close the public hearing and approve the Brownfield Plan Amendment for 351 Phase II, LLC. ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, and St.Clair Nays: None MOTION PASSES B. Neighborhood Enterprise Zone Certificate - 1542 Adams Ave. Economic Development The staff are requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 15 years for a new construction home at 1542 Adams Ave. An application for a Neighborhood Enterprise zone (NEZ) certificate has been received from Stephens Homes and Investments for a new construction home at 1542 Adams Ave. The cost of construction is $130,000. The applicant has met local and state requirements for the issuance of the NEZ certificate. STAFF RECOMMENDATION: I move to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 15 years at 1542 Adams Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. The public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Kilgo, second by Commissioner Gorman, to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 15 years at 1542 Adams Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, and St.Clair Page 2 of 14 Nays: None MOTION PASSES C. Neighborhood Enterprise Zone Certificate - 397 Marquette Ave. Economic Development The staff are requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 15 years for a new construction home at 397 Marquette Avenue. An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from LRS Enterprises LLC for a new construction home at 397 Marquette Ave. The cost of construction is $180,000. The applicant has met local and state requirements for the issuance of the NEZ certificate. STAFF RECOMMENDATION: I move to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 15 years for 397 Marquette Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. The public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Kochin, second by Commissioner German, to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 15 years for 397 Marquette Ave. and authorize the City Clerk and Mayor to sign the certificate and resolution. ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, St.Clair, and Kilgo Nays: None MOTION PASSES D. Neighborhood Enterprise Zone Certificate - 303 Terrace Point Circle Economic Development Staff is requesting the approval of a Neighborhood Enterprise Zone (NEZ) certificate for 12 years for a new construction home at 303 Terrace Point Circle. An application for a Neighborhood Enterprise Zone (NEZ) certificate has been received from Greg and Karen Wing for their home located at 303 Terrace Point Circle. The estimated cost of construction exceeds $300,000, and the home received a Certificate of Occupancy on November 11, 2019. The original NEZ application was submitted to the City of Muskegon in 2023 but was not processed or forwarded to the State due to an internal clerical error. A letter from the City acknowledging this oversight is included with this item. After consultation with the Michigan Department of Treasury, the applicants were advised to reapply. However, the State Tax Commission has noted that while reapplication is permitted, approval is not guaranteed. STAFF RECOMMENDATION: I move to close the public hearing and approve the Page 3 of 14 Neighborhood Enterprise Zone (NEZ) certificate for 12 years at 303 Terrace Point Circle and authorize the City Clerk and Mayor to sign the certificate and resolution. The public hearing opened to hear and consider any comments from the public. No public comments were made. Motion by Commissioner Kilgo, second by Commissioner Kochin, to close the public hearing and approve the Neighborhood Enterprise Zone (NEZ) certificate for 12 years at 303 Terrace Point Circle and authorize the City Clerk and Mayor to sign the certificate and resolution. ROLL VOTE: Ayes: German, Gorman, Kochin, St.Clair, Kilgo, and Keener Nays: None MOTION PASSES PUBLIC COMMENT ON AGENDA ITEMS Public comments received. 2025-39 CONSENT AGENDA A. Approval of Minutes City Clerk To approve minutes of the April 22, 2025, City Commission Meeting. STAFF RECOMMENDATION: Approval of the minutes. B. Sale of 283 & 287 E. Walton Planning Staff is seeking authorization to sell the City-owned vacant lots at 283 & 287 E. Walton to Sjaarda Homes and Properties LLC (Derek Sjaarda). Sjaarda Homes and Properties LLC (Derek Sjaarda) would like to purchase the City-owned buildable lots at 283 & 287 E. Walton for $3,000 (75% of the True Cash Value of $4,000) plus half of the closing costs, and the fee to register the deed. Sjaarda Homes and Properties LLC (Derek Sjaarda) will be constructing a single- family home on each of the properties. STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at 283 & 287 E. Walton to Sjaarda Homes and Properties LLC (Derek Sjaarda). C. Sale of 1067 Sophia Planning Staff is requesting approval of a purchase agreement for 1067 Sophia for $125,000. 1067 Sophia was constructed through the agreement with Dave Dusendang to construct infill housing with ARPA funding. The offer ($125,000) is under asking Page 4 of 14 price ($129,900). STAFF RECOMMENDATION: To approve the Purchase Agreement for 1067 Sophia for $125,000. D. Sale of 444 Adams Planning Staff is seeking authorization to sell the City-owned vacant lot at 444 Adams to Ryskamp Properties LLC (Dave Ryskamp). Ryskamp Properties LLC (Dave Ryskamp) would like to purchase the City-owned buildable lot at 444 Adams for $3,000 (75% of the True Cash Value of $4,000) plus half of the closing costs, and the fee to register the deed. Ryskamp Properties LLC (Dave Ryskamp) will be constructing a duplex on the property. STAFF RECOMMENDATION: Authorize staff to sell the City-owned vacant lot at 444 Adams to Ryskamp Properties LLC (Dave Ryskamp). E. Liquid Sodium Hypochlorite Renewal Public Works Staff is requesting authorization to renew our purchase agreement for liquid sodium hypochlorite from Webb Chemical. The Water Filtration Plant uses sodium hypochlorite in the production of drinking water. The application of sodium hypochlorite is one of several crucial processes used to inactivate or remove pathogens from the water. Since 1996, the Water Filtration Plant has solicited competitive bids for water treatment chemicals jointly with the cities of Grand Haven, Grand Rapids, Holland, Muskegon Heights, and Wyoming. The City of Grand Rapids manages this bidding process and holds the master agreement. Bids were solicited for a one-year contract with the option to renew for two additional one-year terms. Webb Chemical’s bid has no price increases for the one-year duration of the contract and is overall the cheapest bidder. Webb Chemical is a local supplier to Muskegon County and has supplied the cooperative with liquid sodium hypochlorite in the past. Staff recommends we continue with the cooperative and renew Webb Chemical as our supplier. 1-Year 2-Year ($/ton) ($/ton) Alexander Chemical Corp 387.23 407.19 JCI Jones Chemicals Inc 374.14 374.14 Rowell Chemical 447.00 No Bid Webb Chemical Service Corp 366.00 366.00 The Water Filtration Plant has used an average of 450 tons of liquid sodium hypochlorite in the previous three fiscal years. With this renewal, our estimated cost would remain at $164,700.00 for the renewed one-year contract. Liquid sodium hypochlorite is included in the budget, but the actual amount spent will depend on water demand and source water quality. Page 5 of 14 STAFF RECOMMENDATION: I move to authorize staff to participate in the treatment plant purchase cooperative and renew our purchase agreement for liquid sodium hypochlorite with Webb Chemical. F. Contractor selection- 1698 Wood St. Community & Neighborhood Services Select contractor to complete lead abatement and general contracting work. The CNS department purchased a vacant house at 1698 Wood Street for $65,000. The purpose is to rehab the property and sell it to an income-eligible family. HOME guidelines require that a lead risk assessment be conducted. The risk assessment identified significant amounts of lead throughout the house. In January 2025, an RFP was published to request bids for the lead remediation work and general rehab work for a 4-bedroom, 2-bath accessible home. Bids were received from 3 contractors. The evaluation of the bids showed that the contractors did not submit complete bid packets. Also, the rehab amounts were much higher than anticipated. Bids were then evaluated by additional CNS staff, who also consulted with SafeBuilt for an opinion of the cost. Staff conducted an itemized cost comparison by comparing bids from other lead projects with these bids. It was determined that the line items were comparable in cost to other lead work by the same contractors. Part of the request for bids is for electrical work, plumbing and HVAC. To ease the time burden on staff, the hope was to have the general contractor hire and manage the individual trades throughout the rehab process. To determine if the bids for these parts of the project were reasonable, HVAC, plumbing and electrical contractors were invited to bid on that part of the project. The following is the breakdown: Trade Contractor Type of Contractor Cost Plumbing Badgerow’s B&R Lead and General $20,000 Nassau Lead and General $21,860 Across the Board Lead and General $18,750 Andy’s Plumbing Plumber $19,000 HVAC Badgerow’s B&R Lead and General $8,000 Nassau Lead and General $22,000 Across the Board Lead and General $30,000 Jewett Heating and Cooling $9,145 Electrical Badgerow’s B&R Lead and General $20,000 Nassau Lead and General $22,000 Across the Board Lead and General $30,000 Belasco Electric Electrical $19,175 After reviewing the additional bids, it was determined that, while not a huge savings, it would save a few hundred dollars if CNS hires the specialized contractors directly. CNS staff also scheduled an inspection of the roof to determine its condition and need for repairs. The roofing contractor was able to confirm that the house has a fairly new roof. It was installed correctly and does not need to be replaced at this Page 6 of 14 time. A couple of repairs are needed, but this will be a cost savings of at least $13,000. All the existing windows have tested positive for lead, which is a very expensive part of the project. To save money, staff created a new floor plan that eliminated 10 windows. This saves about $15,000. Unfortunately, while doing the contractor walk-throughs, questions were raised about the height of the second-floor ceiling. Staff requested an evaluation by SafeBuilt, and they concluded that the ceiling is too low to have rooms on this floor. The scope of work had to be changed to include properly raising and insulating the ceiling. This added costs to the rehab work. A revised RFP went out at the end of March. CNS received 3 bids. Two for the lead and general and one for just the general rehab work. The project has been awarded to Badgerow’s Building and Remodeling at a total cost of $204,150 for the general rehab and lead remediation. While the cost of the project is significantly higher than originally expected, the revised scope of work saves a considerable amount of money. A breakdown of the bids received in February and April is below. Lead General Rehab Contractor Remediation Total Project Total Feb 2025 Bids Badgerow's B&R $97,200.00 $202,150.00 $299,350.00 Nassau Construction $79,980.00 $205,444.00 $285,424.00 Across the Board $82,100.00 $232,175.00 $314,275.00 CTI $0.00 $0.00 $0.00 April 2025 Bids Badgerow's B&R $61,250.00 $142,900.00 $204,150.00 Nassau Construction $79,980.00 $177,084.00 $257,064.00 Across the Board $0.00 $0.00 $0.00 CTI-submitted for general rehab only $0.00 $366,030.00 TOTAL PROJECT COSTS TOTAL PROJECT $251,470.00 Lead Remediation $61,250 General Rehab $142,900 HVAC $9,145 Electrical $19,175 Plumbing $19,000 Page 7 of 14 STAFF RECOMMENDATION: To approve general and trade contractors to complete the rehabilitation of 1698 Wood St. J. Fleet Vehicle Replacements Public Works Staff recommends purchasing three pickup trucks to replace aging vehicles in the city’s fleet. Staff recommends purchasing two 2025 Ford Maverick pickup trucks from Great Lakes Ford at a total cost of $59,566.00 to replace aging fleet vehicles—a 2007 Ford Ranger and a 2011 Ford F-150. Three quotes were obtained from local dealers: 2025 Ford Mavericks from Great Lakes Ford at $29,783 each, 2025 Honda Ridgelines from Betten at $38,592.05 each, and 2024 Chevy Colorados from Betten for $43,078.25 each. Additionally, staff recommends purchasing one Ford F-250 pickup truck from Gorno Ford for $55,987.00 to replace a 2011 Ford F-250. The purchase of the Ford F-250 is being made through the MiDEAL cooperative purchasing program, which ensures competitive pricing through publicly bid contracts. All recommended vehicle purchases are included in the FY 2024–25 Equipment Fund budget. The total cost for these acquisitions is $115,553.00. STAFF RECOMMENDATION: I move to authorize staff to purchase two Ford Mavericks from Great Lakes Ford and one Ford F-250 from Gorno Ford for a total cost of $115,553.00. K. Energy Performance Contract Consultant Public Works Staff request approval to enter into an arrangement with Johnson Controls, Inc., an energy service company, to prepare an energy performance contract. An Energy Performance Contract (EPC), is a financing mechanism where an Energy Service Company (ESCO) installs, and in some cases maintains, energy- efficient equipment in a customer's facility and is paid for the cost of the project with a portion of the energy savings generated. The ESCO guarantees a level of energy savings over a specific period, and the customer pays for the project through those savings, often without upfront capital expenditures. EPCs are commonly used by governments to fund energy efficiency projects in their facilities. Staff solicited a Request for Qualifications. This included reached out to Johnson Controls, Inc. (JCI), American Building Maintenance (ABM), and RWE Clean Energy to specifically solicit qualifications from those firm based on prior contacts with those firms, plus a full advertisement according to the City's standard process (on the website, etc.). Only JCI submitted to the RFQ. Staff recommends JCI based on our interactions with them, their work with similar nearby organizations, and their RFQ submittal. JCI has worked with many Page 8 of 14 Michigan cities on projects like the one staff envisions, and JCI staff have worked with Muskegon Heights, Ottawa County, Marquette, and Lansing. On pages 47 and 48 of their submittal, you can see their commitment to using a local, diverse workforce during the construction phase. Given the nature of EPC's, if the City elects to move forward with a project in the future, Johnson Controls, Inc. (JCI) will be the City's design-build contractor and financier. Staff has brought this item forward now in transparency, since future requests may include exceptions to the purchasing policy. Staff anticipates the DPW facility as the prime target of the work, but depending on the energy audit findings JCI may recommend projects at other facilities as well if the savings are worth the effort. JCI will guarantee a specific level of savings associated with the project(s) they recommend. The City and JCI would split the savings generated by the energy-efficient equipment, the City's portion of which is available to defray the costs of the project(s). These efforts could allow the City to engage in activities identified in a Climate Action Plan with the goal of reducing the City's carbon footprint and seeing energy savings. A Climate Action Plan is being prepared and will be presented to the Commission for review and adoption soon. Staff anticipates the Climate Action Plan will be available for JCI to use as a resource when developing potential projects. It's important to know that at this time, staff is only asking for approval to enter into an exclusive arrangement with JCI, not for a specific project(s) or funds. JCI will work with staff to perform a detailed energy audit, and based on those results they will recommend a specific project or projects that will save the City money. Since the savings are shared, JCI has an incentive to generate as much savings as practical. Only at that time would staff come back with the particulars of the project, the financing vehicle(s), the guaranteed savings and other project information for consideration by the Commission. STAFF RECOMMENDATION: I move to approve staff entering into an arrangement with Johnson Controls, Inc., an energy service company, to prepare an energy performance contract. L. Sick Leave Extension for Employee Public Safety An employee is requesting an extension of sick leave. Officer Andrew McKee is requesting an extension of sick leave. His sick leave has currently been exhausted, but he is asking for an extension of sick leave to be able to return to duty at full health. He is requesting this per the Police Patrol Union contract Article 18.8: In the event of a confining illness, and provided the sick leave accumulation has been exhausted, the City Commission may authorize an extension of leave to the extent of five (5) days for each year of service, not to exceed an additional sixty (60) working days. Provided, however, that, in the case of an employee who shall have been in the City service for more than fifteen (15) years, such additional leave may be extended not to exceed six (6) months, instead of sixty (60) working days. Page 9 of 14 Officer McKee has been an employee for 7 years and is requesting a total of 35 sick days. STAFF RECOMMENDATION: I recommend extending 35 sick days for Officer Andrew McKee per the Police Patrol Union contract. O. Concur with CRC Recommendation City Clerk To concur with CRC recommendation to accept the resignation of Chelsea Kelley, as Citizen At Large, from the Citizen's Police Review Board. STAFF RECOMMENDATION: To accept the resignation of Chelsea Kelley from the Citizen's Police Review Board. P. Resolution for Watch Muskegon Day Manager's Office Approval of the resolution declaring May 22 as Watch Muskegon Day. STAFF RECOMMENDATION: Approval of the resolution. Motion by Commissioner German, second by Commissioner Gorman, to adopt the consent agenda as presented minus items G, H, I, M, and N. ROLL VOTE: Ayes: Kochin, St.Clair, Kilgo, Keener, German, and Gorman Nays: None MOTION PASSES 2025-40 ITEMS REMOVED FROM THE CONSENT AGENDA G. South Breakwater Pier Gate Lease Amendment Public Works Staff requests authority to sign the included amendment to the City's lease of U.S. Army Corps of Engineers' waterfront at Pere Marquette Beach to allow a pier gate to be installed. About a year ago, the Public Safety Department submitted a grant to the U.S. Army Corps of Engineers (USACE, commonly referred to as "the Corps") for a pier gate to be installed on the south breakwater arm at Pere Marquette Beach. After a long deliberation, the Corps has awarded the grant to Muskegon. Before the grant agreement can be signed and the pier gate installed, the lease the City holds with the Corps that allows us to make specific improvements to property owned by the Corps (including parts of Pere Marquette, Margaret Drake Elliot and the Muskegon Lake Channel) needs to be amended to allow the gate to be installed. The attached lease amendment will make those modifications. The Public Safety Department will work with the Corps to execute the grant, while DPW may assist with the gate installation depending on contracting method. Staff anticipates that specifically authorized Parks staff (such as a Park Page 10 of 14 Ranger) may operate the gate under the direction of Public Safety. STAFF RECOMMENDATION: I move to approve staff to sign an amendment to the City's lease of U.S. Army Corps of Engineers' waterfront at Pere Marquette Beach to allow a pier gate to be installed. Motion by Commissioner Kochin, second by Commissioner Kilgo, to approve staff to sign an amendment to the City's lease of U.S. Army Corps of Engineers' waterfront at Pere Marquette Beach to allow a pier gate to be installed. ROLL VOTE: Ayes: St.Clair, Kilgo, Keener, German, Gorman, and Kochin Nays: None MOTION PASSES H. Extension of Partnership Agreement: Boys & Girls Club of the Muskegon Lakeshore DPW- Parks Staff is requesting authorization to extend our contract with the Boys & Girls Club of the Muskegon Lakeshore for temporary staffing services during the 2025 maintenance season. DPW typically hires up to 30 seasonal employees each year from GoodTemps (Goodwill). The staffing provided by this agreement will take the place of an approximately equal number of our typical seasonal employees, helping DPW fill our roster during the labor shortage and providing employment and training for younger community members. Temporary staffing is accounted for in the annual budget of the departments that use these services. The employees under this agreement are included in the parks (general) fund budget. The Boys & Girls Club anticipates providing approximately 8 staff split in two teams, and in consultation with DPW, identified two service areas that they would be well suited for: 1. Landscape maintenance, waste-removal and general support in the BID area downtown. 2. Restroom cleaning and waste removal at various parks. STAFF RECOMMENDATION: Authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary staffing services during the 2025 maintenance season. Motion by Commissioner Kochin, second by Commissioner German, to authorize staff to contract with the Boys and Girls Club of the Muskegon Lakeshore for temporary staffing services during the 2025 maintenance season with the youth rate of $12.34 an hour to start. ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, and St.Clair Nays: None Page 11 of 14 MOTION PASSES I. Resolution for Charitable Gaming License - Restoration Restore a Generation City Clerk Restoration Restore a Generation is requesting a resolution recognizing them as a non-profit organization operating in the City for the purpose of obtaining a gaming license. They have been recognized as a 501(c)(3) organization by the State. Restoration Restore a Generation provides a safe haven for all youth ages 18 and under. The center has access to a gym, commercial kitchen, cafeteria, classrooms, and an outdoor park. They offer meals, clothing, hygiene products, arts & crafts, and many other activities. They will use the gaming license to raise money for the center. STAFF RECOMMENDATION: Approval of the resolution for a Charitable Gaming License. Motion by Commissioner Keener, second by Commissioner German, to approve the resolution for a Charitable Gaming License. ROLL VOTE: Ayes: Kilgo, Keener, German, Gorman, Kochin, and St.Clair Nays: None MOTION PASSES M. Resolution of Support for the Design of Apple Avenue Public Works Staff recommends adoption of the included resolution expressing support for MDOT's design of Apple Avenue and associated City costs. As discussed at the Worksession meeting on May 12, 2025, this resolution expresses support for MDOT's design of Apple Avenue, including lane reductions to three lanes from Roberts to Terrace, and two lanes from Terrace to Webster. The City's costs associated with utility work, statutory cost share, and other improvements including a multi-use path along the south side of Apple are included in the resolution for clarity. Those costs are included in the recommended FY26 budget. STAFF RECOMMENDATION: I move to adopt the included resolution expressing support for MDOT's design of Apple Avenue and the City's associated costs. Motion by Commissioner Kilgo, second by Commissioner German, to adopt the resolution expressing support for MDOT's design of Apple Avenue and the City's associated costs. ROLL VOTE: Ayes: Keener, German, Gorman, Kochin, and St.Clair Nays: Kilgo Page 12 of 14 MOTION PASSES N. Resolution of Support for City Ownership of Apple Avenue Public Works Staff recommends adoption of a resolution of support for City ownership of Apple Avenue following MDOT's 2026 reconstruction project. During design of Apple Avenue, the City heard from the community that creating a city street instead of a state highway along the Apple Avenue corridor was a priority. Many of the changes necessary were supported by MDOT and have been incorporated into the current design. Some other changes MDOT has expressed concern about, however they have made it clear that if the City were to take ownership of Apple Avenue after the reconstruction project (removing the M-46 designation and placing the City in full control of the street), the design standards the project is required to use become more flexible. Examples of items that would be affected by the City taking ownership include the signals at Terrace Street and Pine Street. The traffic study clearly shows the signals are not needed, nor are they needed any time soon even with models that project increasing traffic in the area, a fact MDOT acknowledges. As far away as 20 years from now, the study does point out that the level of service at those two intersections would be approaching an undesirable level, assuming traffic increases at the rate the study projects. Given this, MDOT's attitude is very conservative, and their Lansing-based Signals Unit has decided that they would leave the signals in place in anticipation of the situation 20 years from now. City staff on the other hand, feel strongly that 20 years of maintaining signals together with the neighborhood character that comes with all-way stop controls is the preferred method for the next 20 years, which again is supported by the traffic study. MDOT has specifically relayed that if the City takes ownership, the signals can be removed as a part of the project. If MDOT remains in control, the signals will remain. Other items that would be affected are less specific, but they are real. Currently, MDOT permits all activity along Apple Avenue. The City would have that right in the future. This could make it easier for residents and businesses to make small changes to Apple. If a Corridor Improvement Authority or Business Improvement District were established in the future to fund landscaping and lighting improvements (similar to Lakeside), that group would likely find it easier to work with the City than MDOT, given the difference in rules and regulations each entity is subject to. Future City-led efforts to make changes to Apple would also be simpler and potentially less costly. The benefits of ownership do come at a cost. While the City would continue to receive the same amount of gas tax money for Apple Avenue as we do today, we would no longer be reimbursed by MDOT for the maintenance we do on Apple. The maintenance necessary would start to come from the gas tax money we receive for Apple. Staff estimates the change per year with all factors considered is approximately $100,000 to the major street fund (202). Future Page 13 of 14 capital costs would also be on the City, although a portion of those costs would likely be recoverable through federal distributions (at an opportunity cost for other major streets). STAFF RECOMMENDATION: I move to adopt the included resolution of support for City ownership of Apple Avenue after MDOT's 2026 reconstruction project. Motion by Commissioner Keener, second by Commissioner German, to adopt the resolution of support for City ownership of Apple Avenue after MDOT's 2026 reconstruction project. ROLL VOTE: Ayes: German, Gorman, St.Clair, and Keener Nays: Kochin and Kilgo MOTION PASSES GENERAL PUBLIC COMMENT Public comments received. ADJOURNMENT The City Commission meeting adjourned at 8:24 p.m. Respectfully Submitted, Ann Marie Meisch, MMC City Clerk Page 14 of 14
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