brighton city council meeting - revize software systems

(810) 227-1911 ● www.brightoncity.org

Regular Business Meeting February 6, 2020 – 7:30 p.m.

AGENDA 1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Consider Approval of the Agenda

5. Consider Approval of Consent Agenda Items

Consent Agenda Items

a. Approval of Minutes: Retreat Meeting of January 11-12, 2020b. Approval of Minutes: Regular Meeting of January 16, 2020c. Approval of Minutes: Closed Meeting of January 16, 2020d. Approval of KEPS Technologies, Inc. dba ACD.net Metro Act Right-of-Way Permit Extensione. Approval to Recognize MADPAC Booster Club, INC. as a 501c3, Non-Profit for the Purpose of

Obtaining a Charitable Gaming License, Resolution #20-03f. Approval to Replace the BS&A Server for a total of $11,344.60g. Approval of MTT Consent Judgement for Stellar Hospitality Brighton LLC (Holiday Inn Express)h. Acceptance of Quarterly Financial and Investment Reports

Correspondence

6. Call to the Public

7. Staff Updates

8. Updates from Councilmember Liaisons to Various Boards and Commissions

New Business

9. First Reading and Setting of a Public Hearing for Proposed Text Amendments to Chapter 98 of the City of Brighton Code of Ordinances

10. First Reading and Setting of a Public Hearing for Proposed Map Amendments to Chapter 98 of the City of Brighton Code of Ordinances

Other Business


12. Consider Entering Closed Session to Receive Written Attorney-Client Privileged Communication Pursuant toMCL 15.268(h)

13. Consider Possible Actions Resulting from Closed Session

14. Adjournment

Brighton City Council Meeting City Hall Council Chambers ● 200 N First St. ● Brighton, Michigan 48116

http://www.brightoncity.org/

Brighton City Council Retreat City Hall Council Chambers ● 200 N First St. ● Brighton, Michigan 48116


MINUTES OF THE RETREAT OF THE BRIGHTON CITY COUNCIL HELD ON JANUARY 11, 2020

1. Call to Order

Mayor Pipoly called the Regular Meeting to order at 8:30 a.m.


3. Roll Call

Present were Mayor Pipoly, Mayor Pro Tem Gardner, Councilmembers: Bohn, Emaus, Muzzin, Pettengill, and Tobbe. Also present were City Manager Nate Geinzer, City Clerk Tara Brown, Community Development Manager Mike Caruso, Human Resource Manager Michelle Miller, Chief Rob Bradford, Deputy Chief Craig Flood, and Attorney Paul Burns. There were three persons in the audience.


Motion by Councilmember Tobbe, seconded by Mayor Pro Tem Gardner to approve the agenda as presented. The motion carried without objection.


Mayor Pipoly opened the Call to the Public at 8:31 a.m. Hearing and seeing no comment, Mayor Pipoly closed the Call to the Public at 8:31 a.m.

Discussion Items

6. City Council Goals Progress

City Manager Nate Geinzer began discussions with a slide presentation to illustrate staff activities relating to City Council goals and current fiscal status. Manager Geinzer also spoke in detail about Master Plan feedback and the priority as indicated by feedback from boards and commissions. Highlights to the presentation were the results of negotiations and cost saving efficiencies along with new revenue. The management team also identified their most important goals for the fiscal year.

Motion at 9:57 a.m. by Councilmember Tobbe, seconded by Councilmember Emaus to break for ten minutes. The motion carried without objection.

Motion at 10:11 a.m. by Councilmember Muzzin, seconded by Councilmember Pettengill to reconvene the retreat. The motion carried without objection.

7. Marijuana and Related Land Uses

Manager Geinzer began the discussion with an outline of the current potential revenues as outlined by LARA, specifically excise taxes and application fees and the possibility of those revenues to reach the City of Brighton. Manager Geinzer noted that most municipalities have decided on a wait and see approach as LARA has just recently laid out rules and definitions surrounding marijuana establishments.

City Council and Staff discussed municipalities within Michigan who have opted to allow marijuana establishments, zoning, location of businesses, the potential increased need for additional patrol,

City Council Retreat Meeting January 11, 2020 Page 2

apartment and business clauses within their rental agreements that may prohibit marijuana use or establishments, crime rate data, and specific definitions for marijuana businesses as defined within the rules set by LARA.

Council also discussed the amount of revenue potential generated by the marijuana establishments and what could be realized at the local government level, different businesses types within the guidelines needed to capture the revenue, regulation and enforcement by police, accessibility due to the City’s proximity to major freeways, honoring the voter approved ballot proposal, federal legal status, and effects on insurance.

It was important to City Council that opting out does not negatively impact the potential to opt in later and revenue. City staff will continue to collect data as more information comes to light.

The Citizen Survey, in mailboxes the last week of January 2020, will ask questions if and where residents and business owners would like to see marijuana businesses. Questions regarding visibility of those businesses within the City will also be posed within the survey. Staff will bring back results during the budget meetings along with evaluations of Cities who have already allowed marijuana establishments along with the findings of their experiences.

8. City Council Rules and Procedures

Manager Geinzer noted that revisions to the City Council Rules of Procedure have been a discussion point for several years and has brought it to Council to evaluate and discuss the necessity or interest of a revision.

City Council discussed the merits and necessity of a revision to the rules specifically electronics, audience communication, new councilmember packets, interaction with staff, letters to City Council from residents, communication devises, and respectful conduct.

City staff, Mayor Pipoly, Mayor Pro Tem Gardner, and Councilmember Pettengill will form a subcommittee to evaluate and recommend, if necessary, revisions to the City Council Rules of Procedure.

Motion at 11:21 a.m. by Councilmember Emaus, seconded by Councilmember Tobbe to break for ten minutes. The motion carried without objection.

Motion at 11:33 a.m. by Councilmember Emaus, seconded by Mayor Pro Tem Gardner to reconvene the retreat. The motion carried without objection.

9. Vacant Properties, Redevelopment Tools, & Future Development

Manager Geinzer reviewed several properties within the City that would be considered challenging for redevelopment, specifically former St. Joes property, Lindbom, and the Challis Road property and what each unique challenge would be given the property situation. City Council discussed recommendations for potential businesses, residential units, parks, and redevelopment tools such as Brownfield and commercial rehabilitation.

Motion at 12:14 p.m. by Councilmember Muzzin, seconded by Councilmember Emaus to break for lunch. The motion carried without objection.

Motion at 12:46 a.m. by Councilmember Muzzin, seconded by Councilmember Emaus to reconvene the retreat. The motion carried without objection.


City Council discussed growth within the City, locations for growth, attainable housing, market indications, I96 interchange plans, grant opportunities, and parks.

Other Business


Mayor Pipoly opened the Call to the Public at 1:59 p.m. Hearing and seeing no comment, Mayor Pipoly closed the Call to the Public at 1:59 p.m.

11. Adjournment

Motion by Councilmember Tobbe, seconded by Councilmember Muzzin to adjourn the meeting at 1:59 p.m. The motion carried without objection.

____________________ _______________________ Tara Brown, City Clerk Shawn Pipoly, Mayor

Brighton City Council Retreat City Hall Council Chambers ● 200 N First St. ● Brighton, Michigan 48116


MINUTES OF THE RETREAT OF THE BRIGHTON CITY COUNCIL HELD ON JANUARY 12, 2020

1. Call to Order

Mayor Pipoly called the Regular Meeting to order at 8:30 a.m.


3. Roll Call

Present were Mayor Pipoly, Mayor Pro Tem Gardner, Councilmembers: Bohn, Emaus, Muzzin, Pettengill, and Tobbe. Also present were City Manager Nate Geinzer, City Clerk Tara Brown, Community Development Manager Mike Caruso, Finance Director Gretchen Gomolka, DPS Director Marcel Goch, Human Resource Manager Michelle Miller, Superintendent Daren Collins, Superintendent Corey Brooks, Superintendent Todd Bennett, Chief Rob Bradford, Deputy Chief Craig Flood, and Attorney Paul Burns. There was one person in the audience.


Motion by Mayor Pro Tem Gardner, seconded by Councilmember Emaus to approve the agenda as presented. The motion carried without objection.


Mayor Pipoly opened the Call to the Public at 8:32 a.m. Hearing and seeing no comment, Mayor Pipoly closed the Call to the Public at 8:32 a.m.

6. Utility Operational and Asset Needs

Director Goch gave an extensive photographic and financial presentation on both water and waste water facilities, outlining each plants function and layout. Each superintendent relayed state mandates, repair history, age of facility, and current needs. Discussion then centered around budget priorities and funding options as they relate to the capital improvements plan for scheduled repairs and replacements.

Motion at 9:38 a.m. by Councilmember Tobbe, seconded by Councilmember Emaus to break for ten minutes. The motion carried without objection.

Motion at 9:48 a.m. by Councilmember Pettengill, seconded by Councilmember Tobbe to reconvene the retreat. The motion carried without objection.

7. Fiscal Year: Update of Progress

Manager Geinzer reported an update on the fiscal year and progress realized on the recommendations by the Task Force. Key points of progress were increased investments in sidewalk repair and replacement, increased street maintenance, Rickett Road, creation of the capital reserve fund and saving for future projects, and implementation of other Task Force recommendations.

Motion at 11:10 a.m. by Councilmember Emaus, seconded by Councilmember Bohn to break for ten minutes. The motion carried without objection.

Motion at 11:20 a.m. by Councilmember Emaus, seconded by Councilmember Tobbe to reconvene the retreat. The motion carried without objection.


8. Fiscal Year 2020/2021 Budget Priorities and GoalsManager Geinzer presented a budget forecast looking ahead at projected property tax growth and economic development while balancing the needs and goals of the City to meet service delivery, regulatory, and capital demands.

Motion at 12:09 p.m. by Councilmember Tobbe, seconded by Councilmember Emaus to break for ten minutes. The motion carried without objection.

Motion at 12:19 a.m. by Councilmember Emaus, seconded by Councilmember Bohn to reconvene the retreat. The motion carried without objection.

9. Retreat Wrap Up

Manager Geinzer relayed and outlined the overall take away points from the retreat and will follow up with appropriate information as requested by City Council. Updates will be discussed at the budget retreat with ongoing discussions regarding development and Marijuana.


Mayor Pipoly opened the Call to the Public at 12:53 p.m.

Susan Bakhaus spoke and referenced the City Charter.

Mayor Pipoly closed the Call to the Public at 12:54 p.m.

11. Adjournment

Motion by Councilmember Emaus, seconded by Councilmember Muzzin to adjourn the meeting at 12:55 p.m. The motion carried without objection.


Brighton City Council Meeting City Hall Council Chambers ● 200 N First St. ● Brighton, Michigan 48116


MINUTES OF THE REGULAR MEETING OF THE BRIGHTON CITY COUNCIL HELD ON JANUARY 16, 2020

1. Call to Order

Mayor Pipoly called the Regular Meeting to order at 7:30 p.m.


3. Roll CallPresent were Mayor Pipoly, Mayor Pro Tem Gardner, Councilmembers: Bohn, Muzzin, Pettengill, and Tobbe. Absent: Councilmember Emaus. Also present were City Manager Nate Geinzer, City Clerk Tara Brown, Community Development Manager Mike Caruso, Finance Director Gretchen Gomolka, DPS Director Marcel Goch, Superintendent Daren Collins, Chief Rob Bradford, and Attorney Paul Burns. There were six persons in the audience.

Motion by Mayor Pro Tem Gardner, seconded by Councilmember Pettengill to excuse Councilmember Emaus for personal reasons. The motion carried without objection.

4. Consider Approval of the AgendaMotion by Councilmember Muzzin, seconded by Councilmember Pettengill to approve the agenda as presented. The motion carried without objection.

5. Consider Approval of Consent Agenda ItemsMotion by Councilmember Muzzin, seconded by Councilmember Bohn to approve the consent agenda as amended clarifying Consent Agenda item d that Councilmember Tobbe will be reappointed to the PSD as a Council Liaison. The motion carried without objection by roll call vote.

Consent Agenda Items a. Approval of Minutes: Study Session Meeting of December 19, 2019b. Approval of Minutes: Closed Meeting of December 19, 2019c. Approval of Minutes: Regular Meeting of December 19, 2019d. Approval of Reappointment to Various Boards and Commissionse. Approval of 2020 Poverty Exemption Resolution, #20-01f. Approval of 2020 City Council Meeting Datesg. Approval of Resolution #20-02, Rejection of Proposal for Purchase and Development of Vacant

City Owned Real Property

Councilmember Emaus arrived at 7:35 p.m.

Correspondence 6. Call to the PublicMayor Pipoly opened the Call to the Public at 7:35p.m.

Lynette Budnik introduced herself and stated she is a representative from Christina Lyke’s office, a candidate for the 8th district running in the August Primary Election 2020.

Mayor Pipoly closed the Call to the Public at 7:35 p.m.

City Council Regular Meeting January 16, 2020 Page 2

7. Staff Updates

Director Goch noted a snow emergency has been issued due to the impending weather. No on-street parking will be allowed along all streets in the City of Brighton. The snow emergency will be in effect from 10:00 p.m. Friday, January 17, 2020 until 12:00 p.m. Sunday, January 19, 2020. He also noted there will be a shift in traffic on the south/eastbound Grand River lanes between Main Street and North Street to allow a water service tie-in for a new business, date to follow. Please check social media and the City website for more information and updates.

Clerk Brown stated the March 10, 2020 absentee ballot applications have been sent to all voters on the permanent absentee list. If you would like to vote by absentee ballot, please contact the Clerk’s office.

Manager Geinzer stated the biannual Citizen Survey postcards have been sent to residents and business owners in the City with instructions to take the survey. There are two options, online or a mailed paper copy.

8. Updates from Councilmember Liaisons to Various Boards and Commissions

Councilmember Tobbe updated that the Brighton Arts and Culture Commission received a presentation by a local sculptor for a possible new installation downtown Brighton. More information to come.

Councilmember Muzzin and the Brighton Area Fire Authority met on January 9, 2020 to conduct its annual organizational meeting. At the meeting several members were reappointed, Vice Chair-Bill Rogers, Treasurer-Shawn Pipoly, and Secretary-Mike Corrigan.

Councilmember Pettengill stated the ZBA met on January 9, 2020 and granted a variance to Advance Craft builders with a reduced four-foot setback plan from the regulated wetlands.

Councilmember Emaus apologized for his tardiness due to a personal family matter.

Mayor Pipoly stated the scheduled DDA meeting was canceled due to lack of agenda items. However, he updated that the Brighton Area Fire Authority is in preliminary talks of a possible merger between Hartland and the Brighton Area Fire Authority. More information to come, the next BAFA meeting is scheduled for February 13, 2020.

New Business 9. Consider Approval of Point and Pay, LLC E-Services Agreement

Director Gomolka introduced the agenda item noting the merits of Point and Pay over its competitor who are the two current service providers that integrate with the City’s existing BS&A software. Ms. Gomolka indicated that ease of use, customer service, and low fee were the driving forces in choosing the recommended provider.

Councilmember Pettengill asked if there will be any change to current auto pay enrollees. Director Gomolka indicated that Point and Pay will only effect those customers who pay by charge card and will not affect auto pay customers.

Councilmember Bohn asked if the software can be used for all City services such as police and DPW. Director Gomolka stated that all City services can be paid with a charge card if the Point and Pay agreement is approved.

Councilmember Emaus asked if there were any additional fees, noting the $50 fee for additional credit machines. Director Gomolka stated two charge card machines come with the approval of the contract however if the City requires additional units, the machines can be purchased for an additional $50 each. Councilmember Emaus asked if there were enough funds within the IT budget to allow for additional machines if necessary. Director Gomolka stated there is enough fund to cover additional charge machines.


Councilmember Emaus then asked if Attorney Burns was comfortable with the contract as presented. Attorney Burns indicated that he usually does not recommend evergreen contracts (renews automatically) but has looked at both contracts and the contract with Point and Pay is by far the better option.

Councilmember Bohn stated that if there is an issue with the Point and Pay software, staff would bring it to Council’s attention and the contract will be terminated per the terms laid out in the contract. Director Gomolka indicated that there would be an update to Council should any issues arise and the contract does allow for a 60-day notice of cancelation, but renews annually after the initial three-year term.

Motion by Councilmember Muzzin, seconded by Councilmember Emaus to approve of Point and Pay, LLC E-Services Agreement. The motion carried without objection.

10. Award Bid for 2019 Forestry Services (2) to Dukes Tree Services, LLC in the Amount of $21,610 and Approveof a Budget Amendment Transferring $21,610 from General Fund Balance to the Major/Local Street Funds

Director Goch introduced the agenda item noting the recent storm during July took a lot of trees and branches down as well as a portion of the tree maintenance budget. Upon planning for the upcoming season a bid for forestry services was issued in which the City trees were evaluated with a final cost estimate of those in most need. The focus was primarily in the southwest quadrant of the City however trees throughout the City were evaluated. Twenty-eight bids were pulled and eight responses were ultimately submitted of which two were late and not accepted. All references for Dukes Tree Services were checked and reported favorable reviews. The intent is to stay ahead of trees in need of maintenance and to maintain safety throughout the City.

Councilmember Bohn stated the estimates have a very large spread from $21,000 to $81,000. He asked if we are getting what we need with the lower bid and asked the reasoning the large gap. Director Goch stated that he is confident in the price and contractor.

Councilmember Emaus remains cautious with this service as it was not budgeted and the request for additional funding. He asks that the severity and scope of the project is carefully evaluated and the necessity is there to make the fund transfer. He also questioned that most of the work to be done is in the southwest quadrant. Director Goch noted that based on his evaluation the most mature trees in the City are in the southwest quadrant and he would like to start there moving to a new quadrant each year to get into a cycle for tree maintenance. He further stated that not all of the trees on the list of maintenance are in the southwest quadrant. Councilmember Emaus asked if the amount requested is enough to address the tree maintenance needs and would additional funding be necessary or can the maintenance wait.

City Manager Geinzer noted that a multi-year contract may be added into the budget to mitigate safety and storm risks. Council discussed the necessity of the tree service taking into consideration that some trees are in need of maintenance soon. Manager Geinzer noted that he would not be in favor of delaying tree services, but would ask staff to further evaluate high priority tree maintenance needs elsewhere in the City.

Councilmember Pettengill asked if the 500 trees to be evaluated/maintained are entirely in the southwest quadrant and asked how many trees will need to come down. Director Goch noted that a majority of the trees are in the southwest quadrant however there are some outside the area. He further stated that approximately nine trees will need to be removed for safety reasons.

Motion by Councilmember Tobbe, seconded by Mayor Pro Tem Gardner to award the bid for 2019 Forestry Services (2) to Dukes Tree Services, LLC in the amount of $21,610 and approval of a budget amendment transferring $21,610 from general fund balance to the Major/Local Streets Funds. The motion carried, Mayor Pipoly abstained.


11. Consider Approval of Second Amendment to the City Manager’s Employment Agreement

Council briefly discussed the amendment recommended by the City Attorney.

Motion by Councilmember Muzzin, seconded by Councilmember Emaus to approve the second amendment to the City Manager’s employment agreement as presented and to authorize the Mayor and City Clerk to sign the agreement. The motion carried without objection.

12. Consider Entering Closed Session to Receive Written Attorney-Client Privileged Communication Pursuantto MCL 15.268(h)

Motion by Councilmember Emaus, seconded by Councilmember Pettengill to enter into closed session to receive written attorney-client privileged communication pursuant to MCL 15.268(h). The motion carried without objection by roll call vote.

City Council reconvened the regular City Council Meeting at 8:22 p.m.

13. Consider Possible Actions Resulting from Closed Session

Motion by Councilmember Muzzin, seconded by Councilmember Emaus to direct the City Manager proceed as discussed in closed session and to execute the agreement if approved as recommended by labor counsel. The motion carried without objection.

Other Business

14. Call to the PublicMayor Pipoly opened the Call to the Public at 8:23p.m. Hearing and seeing no comment, Mayor Pipoly closed the Call to the Public at 8:23 p.m.

15. AdjournmentMotion by Councilmember Tobbe, seconded by Councilmember Emaus to adjourn the meeting at 8:23 p.m. The motion carried without objection.


brightoncity.org | 200 North First Street Brighton, MI 48116 | (810) 227‐1911 Page 1 of 2

City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL FEBRUARY 6, 2020

SUBJECT: APPROVAL OF KEPS Technologies, Inc. dba ACD.net METRO ACT RIGHT OF WAY PERMIT EXTENSION

BACKGROUND

The METRO Act is designed to bring funds to assist in managing and maintaining public rights‐of‐way and reduce conflicts with telecommunications providers across jurisdictions. Permits and the associated fees are overseen by the Michigan Public Services Commission (MPSC) and distributed to eligible municipalities through a formula.

ADMINISTRATIVE SUMMARY

The City has received a request from KEPS Technologies, Inc. dba ACD.net to extend their Right of Way Permitfor another five (5) Years.

The City Attorney has reviewed the request and finds it acceptable.

RECOMMENDATION

Approval of KEPS Technologies, Inc. dba ACD.net’s request for a five (5) year METRO Act permit extension.

Prepared by: Gretchen Gomolka, Finance Director Approved by: Nate Geinzer, City Manager

Attachments: 1. KEPS Technologies, Inc. dba ACD.net Extension Request

February 22nd 2020

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Form Revision Date 07/2016

ARTICLES OF INCORPORATION For use by DOMESTIC NONPROFIT CORPORATION

Pursuant to the provisions of Act 162, Public Acts of 1982, the undersigned corporation executes the following Articles:

ARTICLE I

The name of the corporation is:

MADPAC BOOSTER CLUB, INC.

ARTICLE II

The purpose or purposes for which the corporation is formed are:

The purpose of the MADPAC Booster Club is to support the Company Dancers of Michelle’s Academy of Dance and Performing Arts Center. We are solely volunteers and we do have our 501(c)(3) Tax exempt Non-profit status. We do fundraisers in order to help out our dancers cut costs of dance tuition, competitions/conventions, travel and other dance related costs.

ARTICLE III

The Corporation is formed upon Non StockNon Stock basis.

If formed on a stock basis, the total number of shares the corporation has authority to issue is

If formed on a nonstock basis, the description and value of its real property assets are (if none, insert "none"):

None

The description and value of its personal property assets are (if none, insert "none"):

None

The corporation is to be financed under the following general plan:

Fundraising

The Corporation is formed on a MembershipMembership basis.

ARTICLE IV The street address of the registered office of the corporation and the name of the resident agent at the registered office (P.O. Boxes are not acceptable):

1. Agent Name: JENNIFER CHAPEL2. Street Address: 101 APPIAN WAY

Apt/Suite/Other: SUITE 104City: BRIGHTONState: MI Zip Code: 48116

3. Registered Office Mailing Address:

P.O. Box or StreetAddress:Apt/Suite/Other:City:State: Zip Code:

Filed by Corporations Division Administrator Filing Number: 201997751270 Date: 10/23/2019

ARTICLE V

The name(s) and address(es) of the incorporator(s) is (are) as follows:

Name Residence or Business Address

JENNIFER CHAPEL 101 APPIAN WAY, SUITE 104, BRIGHTON, MI 48116 USA

Use the space below for additional Articles or for continuation of previous Articles. Please identify any Article being continued or added.

VI THIS ORGANIZATION IS ORGANIZED AND OPERATED EXCLUSIVELY FOR CHARITABLE AND

EDUCATIONAL PURPOSES WITHIN THE MEANING OF 501(C)(3) OF THE INTERNAL REVENUE CODE.

UPON DISSOLUTION OF THIS ORGANIZATION, ITS ASSETS SHALL BE DISPOSED OF EXCLUSIVELY FOR THE PURPOSES OF THE CORPORATION OR DISTRIBUTED TO SUCH ORGANIZATIONS ORGANIZED AND

OPERATED EXCLUSIVELY FOR CHARITABLE PURPOSES WHICH SHALL, AT THE TIME, QUALIFY AS EXEMPT ORGANIZATION UNDER SECTION 501(C)(3), OR SHALL BE DISTRIBUTED TO THE FEDERAL

GOVERNMENT, OR TO A STATE OR LOCAL GOVERNMENT, FOR A PUBLIC PURPOSE. NO PART OF THE NET EARNINGS OF THE CORPORATION SHALL INURE TO THE BENEFIT OF OR BE

DISTRIBUTED TO ANY DIRECTOR, EMPLOYEE OR OTHER INDIVIDUAL, PARTNERSHIP, ESTATE, TRUST OR CORPORATION HAVING A PERSONAL OR PRIVATE INTEREST IN THE CORPORATION.

COMPENSATION FOR SERVICES ACTUALLY RENDERED AND REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED IN ATTENDING TO THE AFFAIRS OF THIS ORGANIZATION SHALL BE LIMITED TO

REASONABLE AMOUNTS. NO SUBSTANTIAL AMOUNT OF THE ACTIVITIES OF THE ORGANIZATION SHALL BE THE CARRYING ON

OF PROPAGANDA, OR OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION AND THIS ORGANIZATION SHALL NOT INTERVENE IN (INCLUDING THE PUBLISHING OR DISTRIBUTING OF

STATEMENTS) ANY POLITICAL CAMPAIGN ON BEHALF OF OR IN OPPOSITION TO ANY CANDIDATE FOR PUBLIC OFFICE.

Signed this 21st Day of October, 2019 by the incorporator(s).

Signature Title Title if ''Other'' was selected

Jennifer Chapel Incorporator

By selecting ACCEPT, I hereby acknowledge that this electronic document is being signed in accordance with the Act. I further certify that to the best of my knowledge the information provided is true, accurate, and in compliance with the Act.

nmlkj Decline nmlkji Accept

MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

FILING ENDORSEMENT

This is to Certify that the

for

ID Number:

received by electronic transmission on , is hereby endorsed.

Filed on , by the Administrator.

The document is effective on the date filed, unless a subsequent effective date within 90 days after

received date is stated in the document.

In testimony whereof, I have hereunto set my hand and affixed the Seal of the Department,

MADPAC BOOSTER CLUB, INC.

ARTICLES OF INCORPORATION

802376444

October 23, 2019

October 21, 2019

in the City of Lansing, this 23rd dayin the City of Lansing, this 23rd dayin the City of Lansing, this 23rd dayin the City of Lansing, this 23rd dayof October, 2019.of October, 2019.of October, 2019.of October, 2019.

Filed by Corporations Division Administrator Filing Number: 201997751270 Date: 10/23/2019

Julia Dale, DirectorJulia Dale, DirectorJulia Dale, DirectorJulia Dale, DirectorCorporations, Securities & Commercial Licensing BureauCorporations, Securities & Commercial Licensing BureauCorporations, Securities & Commercial Licensing BureauCorporations, Securities & Commercial Licensing Bureau

MGCB-MP-5036 (0 )

LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES

Brighton City Council

02/06/2020

MADPAC BOOSTER CLUB, Inc. Brighton

Livingston

101 Appian Way, Suite 104 Brighton, MI 48116

Jennifer Chapel, President (810)772-8266

brightoncity.org | 200 North First Street Brighton, MI 48116 | (810) 227‐1911 Page 1 of 2


SUBJECT: APPROVAL OF BSA SOFTWARE SERVER HARDWARE REPLACEMENT

BACKGROUND

The Brighton BSA Software Server hardware is nearing the end of its life cycle. The replacement server is part of the Brighton CIP and the current IT Budget.


The BSA Server is on a 4‐year life cycle since it is a mission critical server. The proposal includes Hardware, Operating System (Windows Server 2019), User licenses, and Warranty for the server. Gracon was able to obtain special pricing through Hewlett Packard Enterprise (HPE) and the National Purchasing Cooperative Alliance (NCPA).

We used the latest BSA Software specifications to build the server, to allow for another 4 years of service on this new system.

The current server has a piece of hardware that is currently failing, so the replacement is coming at a good time so we can keep the BSA Software server up and running.

RECOMMENDATION

Motion to approve the replacement of the BSA Server in the amount of $11,344.60.

Prepared by: Mike Pitera, IT Director Approved by: Nate Geinzer, City Manager

Attachments: 1. Gracon ‐ Brighton BSA Server Replacement ‐ Quote ‐ 10312

Date:

No: 10312

01/17/2020

Quote

Thank you for supporting a

Michigan small business, it matters!

4265 Okemos Road - Suite A

Okemos, MI 48864-3285

Phone: (517) 349-4900

Fax: (517) 349-0983

Prepared for:

Howell, City of

Michael Pitera Account No.: 142

611 E. Grand River Avenue Phone: (517) 546-3500

Howell, MI 48843-2937 U.S.A. Fax: (517) 546-6014

Qty. TotalUnit CostUOMItem ID Description

EAGS-ASSEM-BLD (1) HPE DL360 Gen10, (4) 16GB PC4 Memory, (2)

400GB SAS SFF SSD, (2) 1.2TB SFF HDD, MS

WIN SERV 19 (16-Core), (54) Usr CALs, Adv iLO,

3YR 24x7 SVC

$11,044.60 1 $11,044.60

EAGS-Freight Charge Freight/Handling Charge $300.00 1.00 $300.00

Your Price: $11,344.60

Total:$11,344.60

Prices are firm until: 2/16/2020

Quoted by: Daniel Wiseman, [email protected] Date: 1/17/2020

Date:Accepted by:

Disclaimer:

Installation and/or training services are not included unless specifically stated as a line item on this quotation. The customer is responsible for all

telephone expenses for technical support. A restocking fee of 25% of above sales price will be charged for any returned product.

Printed: 01/22/2020, 3:37 PMquote.rpt Page 1

CITY OF BRIGHTONREPORT FROM THE CITY MANAGER TO CITY COUNCIL FEBRUARY 6, 2020

SUBJECT: Quarterly Financial Report for the Period Ending December 31, 2019


This report is for the second quarter of the fiscal year and it is still very early in the year to make final projections, howeveron an aggregate level budgeted items are trending in line with budget. There are a few items that we know are trendingfavorably or unfavorably and they have been noted on the attached report.

We will continue to monitor the budget and make City Council aware of any significant budget variances if they shouldarrive prior to next quarter’s report.

Prepared by: Gretchen Gomolka, Finance Director

Approved by: Nate Geinzer, City Manager

Attachments: Quarterly Financial Report 12/31/2019

1

Favorable compared to BudgetMaterially In line with BudgetMonitoring

2019-20 2019-20 YTD OVER/ Unfavorable compared BudgetORIGINAL BUDGET

AMENDED BUDGET

BALANCE 9/30/2019

(UNDER) BUDGET

REVENUE

PROPERTY TAXES 6,498,879.00 6,498,879.00 6,402,535.62 (96,343.38)

TAX PENALTIES, INTEREST & FEES 243,700.00 243,700.00 222,565.17 (21,134.83)

LICENSES & PERMITS 426,850.00 426,850.00 185,531.39 (241,318.61)

Revenues in this area appear to be on target. Franchise fees are on a lag and we have only received 1 quarterly payment so far.

Building Permit fees, the largest part of this line item, won't pick up until the spring, so we will have a better idea of how these compare to budget later in the fiscal year.

General business and liquor licenses have increased are higher than budget.

FINANCIAL REPORT FOR CITY OF BRIGHTON - GENERAL FUNDPERIOD ENDING 9/30/2019

NOTES

We will not be made whole on delinquent real property tax until May of 2020, additionally we are not made whole by the County on delinquent personal property tax. The City will continue collection on delinquent personal property tax over the next several years.

We have yet to collect all of the tax admin fee on the winter tax bills. This coupled with increased delinquency fees will make us slightly favorable at year end.

2



AMENDED BUDGET

BALANCE 9/30/2019

(UNDER) BUDGET NOTES

STATE SHARED REVENUE 780,000.00 780,000.00 358,567.40 (421,432.60)

INVESTMENT EARNINGS 68,000.00 68,000.00 68,833.74 833.74

RENTS & ROYALTIES 72,620.00 72,620.00 825.00 (71,795.00)

OTHER REVENUE 57,550.00 57,550.00 56,934.93 (615.07)

OTHER FINANCING SOURCES 247,500.00 252,500.00 250,000.00 (2,500.00)

SERVICE CHARGES 679,850.00 679,850.00 309,735.85 (370,114.15)

A combination of increasing interest rates and investing in higher yield products have us exceeding budgeted revenue only halfway through the year. Realize that as tax dollars are all collected at the beginning of the year, the interest income slows down throughout the year as our cash balances decrease.

This account includes the annual PPT reimbursement budgeted at $75K. We receive this in two annual payments. The first payment received in October was for $101,428.40. So we will be well over budget in that line item.

Traditional State Shared revenue is paid bi-monthly and is on a lag. We have received the first two bi-monthly payment through the 2nd quarter; payments appear to be on target with the prior year.

This majority of this line item represents charges to Major and Local streets for employees working on street projects and gets booked at year end.

This represents appropriation from DDA, Drug Forfeiture, and Utility Funds. The Drug Forfeiture transfer is based on actual K-9 unit costs, and will be processed at year end. All other transfers have been completed.

This is primarily refuse collection user fees, and revenue is inline with the prior year and current budget through December.

Includes our dividend payment from MML for our general liability insurance, as well as claims proceeds. Also includes reimbursements to the City for retiree health savings account pre-funding.

3



AMENDED BUDGET

BALANCE 9/30/2019


FINES & FORFEITS 39,830.00 39,830.00 26,755.63 (13,074.37)

FEDERAL GRANTS 2,000.00 2,000.00 0.00 (2,000.00)

LOCAL UNIT CONTRIBUTION 91,948.00 91,948.00 42,255.37 (49,692.63)

STATE GRANTS 2,400.00 2,400.00 1,431.20 (968.80)TOTAL REVENUES 9,211,127.00 9,216,127.00 7,925,971.30 (1,290,155.70)

EXPENDITURESCITY COUNCIL 30,562.00 30,562.00 7,239.04 (23,322.96)

CITY MANAGER 253,834.00 253,834.00 80,155.29 (173,678.71)

LEGAL SERVICES 208,112.00 216,212.00 121,279.39 (94,932.61)

CITY CLERK 139,378.00 139,378.00 51,522.76 (87,855.24)HUMAN RESOURCES 121,574.00 121,574.00 53,417.39 (68,156.61)FINANCE 670,008.00 670,008.00 339,316.18 (330,691.82)INFORMATION SYSTEMS 116,393.00 116,393.00 62,789.82 (53,603.18)

POLICE 2,838,974.00 2,839,399.00 1,326,267.26 (1,513,131.74)

Primarily police related fines, that come in sporadically throughout the year.

Liaison officer payments, we are about halfway through the school year.

Anticipated retirement payouts of accrued sick and vacation will cause this department to be overbudget by approximately $200,000. Savings in other departments will likely offset this overage

Primary expense is Per Diems, which are paid at the end of the year.

Includes Assistant to the City Manager budgeted at full time with benefits. The position is currently filled as part-time with no benefits

These grants when awarded will have a corresponding expense. If no revenue is received, no expense is incurred.

General and Labor attorney retainers and other expenses. This departmen is projecting higher than budgeted costs related to MTT appraisals in the amount of $25K. Savings in other deparments will offset these costs.

Election costs and per diems for May as well as general operating exp. General operationsGeneral operationsGeneral operations

Act 302 payments are received in October and May

4



AMENDED BUDGET

BALANCE 9/30/2019


PUBLIC WORKS 2,253,448.00 2,268,255.00 1,103,178.90 (1,165,076.10)

COMMUNITY DEVELOPMENT 462,095.00 474,545.00 174,824.15 (299,720.85)

POST EMPLOYMENT BENEFITS 513,929.00 513,929.00 324,418.61 (189,510.39)

TRANSFERS-OUT AGENCIES 151,200.00 151,200.00 0.00 (151,200.00)

TRANSFERS-OUT OTHER FUNDS 2,391,139.00 2,416,390.00 2,323,419.94 (92,970.06)

TOTAL EXPENDITURES 10,150,646.00 10,211,679.00 5,967,828.73 (4,243,850.27)

Net of Revenues VS Expenditures (939,519.00) (995,552.00) 1,958,142.57

It is too early in the year to make final projections, however premlinary projections shows overall revenues and expenditures are materially inline with the budget. Note the budgeted use of fund balance is due to the transfer of fund balance to the new capital reserve fund.

425 Agreement payment to Genoa Township based on the Taxable Value for the parcels in the agreement, appropriation to SPARK, and the Historical Society. Will be paid closer to year end

Appropriations to certain funds are made as expenditures in those funds as they occur.

General operations covering all city buildings and public spaces

General operations

Healthcare for retirees, lower than anticipated renewal rates for January 2020, coupled with plan changes through the 2019 employee negotiations.

CITY OF BRIGHTON REPORT FROM THE CITY MANAGER TO CITY COUNCIL February 6, 2020

SUBJECT: QUARTERLY INVESTMENT REPORT AT OF DECEMBER 30, 2019


The City’s total investment/bank balance has decreased by $240,628 or 1.8% over last quarter to $13,423,190. This decrease follows the normal cash flow of the City as the majority of tax revenue is collected in the first quarter of

the fiscal year, while expenditures tend to be constant throughout the year. Compared to the same quarter a year ago, the City’s total investment/bank balance has decreased by $278,585 or

2.0%. This decrease is the combined result of the spending down of bond proceeds that were remaining in the prioryear, partially offset by increased cash flow from the new streets millage.

The City’s average rate of return on investments has decreased from 1.42% to 1.36% over the last quarter, primarilydue to decreasing interest rates.

The City continues to earn below the benchmark 3-month Treasury Bill Rate and the Fed Funds Rate. This isprimarily due to the need to properly diversify City funds in order to obtain the most FDIC insurance coverage atpossible. We can achieve this through a single lower interest bearing investment that spreads our money acrossseveral different banks. This relieves the burden of the City tracking 40 or more different financial institutions.

The City’s deposits/investments with Flagstar Bank, The State Bank, Independent Bank, and Michigan Class total30.2%, 11.6%, 20.4%, and 19.3%, respectively, of the City’s overall portfolio. The high ratio of deposits held inFlagstar is due to the receipt of tax revenue that had yet to be invested in other institutions.

We continue to work within the primary objectives of the City’s Investment Policy, which, in priority are; safety,liquidity, and return on investment.

Prepared by: Gretchen M. Gomolka, Finance Director

Approved by: Nate Geinzer, City Manager

brightoncity.org | 200 North First Street Brighton, MI 48116 | (810) 227‐1911


SUBJECT: FIRST READING AND SETTING OF PUBLIC HEARING TO CONSIDER TEXT AMENDMENTS TO CHAPTER 98, ZONING, OF THE CODE OF ORDINANCE.


As part of the ongoing review of the Code of Ordinances, the Planning Commission and Community Development staff discussed “permitted use” within the commercial districts. The intent was to identify language that requires revisions to meet the current and future demographics of the City, and to help property owners meet the changing demands of the commercial business industry. The Planning Commission determined the permitted use sections within the C1, C2, C3, C4, OS, and RT zoning districts were in need of updating, and developed the following proposed revisions:

C1 – Community Shopping District: addition of new permitted uses, and update language to current uses. C2 – General Business: update and add language to current uses, and combined C4 permitted uses. C3 – Limited Business District: combined all special land uses with the permitted uses, except for items six, eleven,

twelve, eighteen, and twenty. C4 – Limited Intensity Business/Office District: permitted uses combined with the C2‐General Business District. OS – Office Service: combined all special land uses with the permitted uses, except for items three, five, seven,

eight, and eleven. RT – Residential Transitional: addition of new special land use.

Within the C3 and OS zoning districts, the only permitted uses allowed are single‐family residential and home occupations. All other uses are described as special land uses, which requires approval by the Planning Commission and City Council through the public hearing process. Due to the low impact nature of these uses and given the location, many of them could be categorized as permitted uses, removing the requirement of a public hearing process. Many of the buildings within the C3 and OS districts are small office type structures with multiple tenant spaces, which fit the low‐impact, limited commercial use as described for this district. Many of the listed uses are currently conducting business in these districts without issue.

Due to the Clearzoning format of the City zoning ordinance, additional text amendments are necessary in other related sections that coincide with the proposed revisions. The additional amendments are within the “Use Standards” section of the zoning ordinance, and are specific to the changes proposed. Amendments are also required in the “Definitions” section of the ordinance, adding language for “child daycare facility’ and “pet daycare facility”.

The Planning Commission conducted a public hearing at their meeting held on December 16, 2019 and has recommended approval of the text amendments to the zoning ordinance. The City Attorney also reviewed and approved the proposed text amendments.

brightoncity.org | 200 North First Street Brighton, MI 48116 | (810) 227‐1911


RECOMMENDATION

Motion to set a public hearing on February 20, 2020 for the text amendments to Chapter 98 of the Code of Ordinance as approved and recommended by the Planning Commission.

Prepared by: Michael Caruso, Community Development Manager

Reviewed & Approved by: Nate Geinzer, City Manager

Attachments: 1. Track Changes – District Amendments 2. Track Changes – Use Standards Amendments3. Planning Commission Minutes, 12/16/20194. Ordinance 592 (draft)

98-3.10

C-1 Community Shopping Center

B. PRINCIPAL PERMITTED USES

1. Private museums2. Fraternities, sororities, private clubs and lodges §98-4.113. Banks and other financial institutions4. Barbershop or beauty parlor.-Personal service establishments, including barbershops, beauty

shops, and health salons. 5. Business or commercial school, or dancing or music academy6. Catering establishments7. Motorized vehicle service and sales facilities8. Hospitals and clinics for animals, but not open kennels9. Printing and reproduction services10. Painting and decorating shop11. Photograph gallery12. Public garage §98-4.1213. Recreation or amusement buildings14. Restaurant15. Sales or show rooms16. Service establishment, such as small appliance or shoe repair, laundries, and the like17. Retail establishments18. Theatres, except open-air drive-in theatres §98-4.1319. Business and professional offices20. Places of worship and accessory uses21. Carnival, outdoor circus or migratory amusement enterprise §98-4.1422. Accessory buildings and uses customarily Incidental to the above uses §98-5.1623. Health clubs and personal recreational facilities §98-4.2024. Pet daycare facility §98-4.18

C. SPECIAL LAND USES

1. Adult entertainment business §98-4.152. Wireless communication facilities and services §98-4.35

98-3.11

C-2 General Business


1. Private museums2. Fraternities, sororities, private clubs

and lodges §98-4.113. Banks and other financial institutions4. Barbershop or beauty parlor-5. Business or commercial school, dancing

or music academy6. Catering establishments7. Motorized vehicle service and sales

facilities, farm and lawn equipment8. Hospitals and clinics for animals,

but not open kennels§98-4.189. Printing and reproduction services-10. Painting and decorating shop11. Photograph gallery12. Public garage §98-4.1213. Recreation or amusement buildings14. Restaurant15. Sales or show rooms16. Service establishment-17. Store or shop for the conduct of retail

business18. Theatres, except open-air drive-in

theatres §98-4.1319. Business and professional offices20. Carnival, outdoor circus or migratory

amusement enterprise §98-4.1421. Advertising signs and billboards that- comply with Chapter 698-6.- 22. Dyeing and cleaning works §98-4.1623. Hotel, motel-24. Laundry employing not more than ten

persons on the premises25. Public garage and automobile sales- room- 26. Tinsmithing shop-

Child daycare facilityPet daycare facility §98-4.18

B. PRINCIPAL PERMITTED USES (continued)

27. Used car sales or storage lots28. Radio broadcasting and telecasting

stations, studios and offices29. Retail lumber yards30. Places of worship and accessory uses31. Tobacco specialty retail stores, cigar

bars, and Hookahlounges/bars/establishments

32. Service establishments such astelevision repair, shoe repair shop,laundries and dry cleaningestablishments which are not selfservice

33. Medical offices and clinics servinghuman health needs including relatedlaboratory diagnostic and treatmentfunctions

34. Personal service establishments,including barbershops, beauty shopsand health salons.

35 Publicly owned buildings, as well aspublic service facilities, telephoneexchange buildings, and public utilityoffices, but not including open storageyards, transformer stations, or gasregulator stations..

36. Public or private paved, off-streetparkinglots §98-5.6

37. Health clubs and personal recreationalfacilities §98-4.20

38. Printing, reproduction, and art service§98-4.21

39. Nursery, floral, landscape, garden andswimming pool sales §98-4.22

40. Accessory buildings and usescustomarily incidental to the aboveuse


1. Wireless communication facilities andservices §98-4.35

2. Hotel, motel3. Undertaking establishments, including

mortuary and funeral homes, excepting therefrom crematory services

98-3.12

C-3 Limited Business


1. Single-family residential2. Home occupations §98-4.13. Antique shops4. Art galleries and museums5. Personal service establishments,

including barbershops, beauty shopsand health salons.

6. Bookstores7. Business offices8. Collectors shops, such as stamps and

coins9. Craft establishments10. Florists11. Jewelry, watch and clock repair12. Optical and hearing supplies and

services13. Photographic services14. Professional offices §98-4.1715. Tailors, dress making apparel, alteration

or leasing services16. Veterinary hospitals, clinics, and

Pet daycare facilities §98-4.18


1. Antique shops-2. Art galleries and museums-3. Barbershops and beauty salons-4. Bookstores-5. Business offices-6. Places of worship and accessory uses7. Collectors shops, such as stamps and- coins- 8. Craft establishments-9. Florists-10. Jewelry, watch and clock repair-11. Libraries, public and private12. Municipal offices13. Optical and hearing supplies andservices- 14. Photographic services-15. Professional offices §98-4.17-16. Residential facilities §98-4.10-17. Tailors, dress making apparel,alteration- or leasing services- 18. Undertaking establishments, including

mortuary and funeral homes, exceptingtherefrom crematory services

19. Veterinary hospitals, clinics, and- kennels §98-4.18- 20. Wireless communication facilities and

services §98-4.35

98-3.16

O-S Office Service


1. Existing single-family residential2. Office buildings3. Medical offices, including clinics4. Banks, credit unions, savings and loan

associations, and similar uses; drive-infacilities as an accessory use only

5. Publicly-owned buildings, telephoneexchange buildings, and public utilityoffices, but not including storage yards,transformer stations, or gas regulatorstations.

6. Other uses similar to the above uses7. Accessory structures and uses

customarily incident to the abovepermitted uses


1. Office buildings-2. Medical offices, including clinics-3. Facilities for human care such as

hospitals, sanitariums and convalescenthomes

4. Banks, credit unions, savings and loanassociations, and similar uses; drive-in facilities as an accessory use only-

5. Mortuary establishments §98-4.196. Publicly-owned buildings, telephone

exchange buildings, and public utility offices, but not including storage yards, transformer stations, or gas regulator stations.-

7. Off-street parking lots §98-5.68. Places of worship and accessory uses9. Other uses similar to the above uses-10. Accessory structures and uses

customarily incident to the above permitted uses-

11. Wireless communication facilities andservices §98-4.35

D. ACCESSORY USES

1. Personal service establishments-

98-3.8

R-T Residential Transitional


1. Single-family dwellings2. Home occupations§98-4.1


1. Art galleries and museums specializing inoriginal art works 2. Business offices §98-4.93. Places of worship and accessory uses4. Collectors shops, such as stamps and coins5. Craft establishments6. Libraries, public and private7. Municipal offices8. Photographic studio9. Professional offices10. Residential facilities §98-4.1011. Single-family dwellings, duplex residentialfacilities 12. Undertaking establishments, includingmortuary and funeral homes, excepting therefrom crematory services 13. Child daycare facility

98-4.0 Use Standards

98-4.17 PROFESSIONAL OFFICES

Professional offices, such as architectural, engineering, legal, medical, dental, psychiatric, and other similar offices are permitted as a special land- use in the C-3 district, excepting therefrom clinics, hospitals, or other similar uses which provide for overnight care or treatment.

98-4.18 VETERINARY HOSPITALS, CLINICS, AND KENNELS- PET DAYCARE FACILITIES

Veterinary hospitals, clinics, and kennels –pet daycare facilities are permitted as a special land- use in the C-1, C-2, and C-3 district, providing medical, surgical, boarding, grooming, or bathing for small nonfarm animals, provided that all boarding of animals shall be within the structure.

98-4.20 HEALTH CLUBS AND PERSONAL RECREATIONAL FACILITIES

Health clubs and personal recreational facilities are a permitted use in the C-1, C-2 and C-4 district when entirely within an enclosed structure.

98-4.22 NURSERY, FLORAL, LANDSCAPE, GARDEN, AND SWIMMING POOL SALES

Nursery, floral, landscape, garden and swimming pool sales are permitted uses in the C-1, C2, and C-4 district when including only enclosed outdoor sales and display areas.

City of Brighton Planning Commission

Regular Meeting Minutes December 16, 2019

The Board for the Planning Commission held a regular meeting on Monday, December 16, 2019 at City Hall, located at 200 N. First Street, Brighton, MI.

1. Call to Order/Roll Call

Chairman Smith called the meeting to order at 7:01 p.m.

Commissioners Present: Matt Smith, James Bohn, Ken Schmenk, Susan Gardner, Rob Pawlowski, Mike Schutz, and William Bryan.

Members Absent: Steve Monet and Dave Petrak

Also present: Michael Caruso, Community Development Manager; Kelly Haataja, Executive Assistant to Community Development; Jill Bahm, Giffels Webster; Nate Geinzer, City Manager; Rob Bradford, Police Chief; Craig Flood, Deputy Police Chief, and an audience of eight.

Moved by Pawlowski, supported by Bryan, to excuse Commissioners Monet and Petrak. The motion carried unanimously.

2. Approval of the November 18, 2019 Meeting Minutes

Moved by Bohn, supported by Schmenk, to approve the November 18, 2019 minutes as presented. The motion carried unanimously.

3. Approval of the December 16, 2019 Agenda

Moved by Gardner, supported by Pawlowski, to approve the December 16, 2019 Meeting Agenda. The motion carried unanimously.


Chairman Smith opened the call to the public at 7:03 p.m.

Albert Wirth, 230 N. First Street requested the Commission revisit the R-5, Uptown South District in regards to the side yard setbacks for a townhome development. He believes the zero lot-line setback is not appropriate for the district.

Chairman Smith closed the call to the public at 7:04 p.m.

City of Brighton Planning Commission Regular Meeting Minutes December 16, 2019

PUBLIC HEARING

5. Public Hearing and Possible Action on Text Amendments to Chapter 98 of the City’sCode of Ordinances

Community Development Manager Caruso gave an overview of the proposed text amendments, and described what changes would occur if the proposed amendments were adopted.

Commissioner Bryan asked where the C-3 district is located.

Manager Caruso stated along east Grand River from Spencer Street to the Brookdale Senior Living facility.

Commissioner Bohn asked what zoning districts would a child daycare facility be listed as a permitted use.

Manager Caruso stated in the C-2 district, and as a Special Land Use in the R-T district.

Chairman Smith opened the public hearing at 7:13 p.m.

Bob Pettengill, 608 W. Main Street stated the proposed R1, Single-Family rezoning to the R-T district rezoning was not mentioned in the overview of the public hearing.

Chairman Smith advised the resident it was included in the next agenda item, which would also be a public hearing.

Mr. Pettengill also commented on the public notice that residents received regarding the hearing, stating he would like to see the agenda item listed in the same manner.

Chairman Smith closed the public hearing at 7:15 pm.

Moved by Gardner, supported by Bryan, to recommend adoption of the text amendments to Chapter 98. The motion carried unanimously.

6. Public Hearing and Possible Action on Chapter 98, Map Amendments to the ZoningOrdinance.

Community Development Manager Caruso gave an overview of the proposed changes to the zoning map and described the reasons for the proposed amendments. Also by request of Chairman Smith, an overview of the Special Land Use request process was explained. The locations of the proposed rezoning’s were illustrated with a map presentation.

Chairman Smith opened the public hearing at 7:22 pm.


Bob Pettengill, 608 W Main Street stated he would like the minutes to reflect which specific parcels will be rezoned. He also stated his appreciation that any permitted use in the R-T zoning district, besides single-family residential, will need to go through the Special Land Use process.

Rebecca Munce, 125 N Third Street questioned if the rezoning of the funeral home parcels would give the opportunity for expansion, as the owner of a parcel proposed for rezoning is seeking to acquire neighboring properties.

Renee Pettengill, 225 N Third Street questioned if the funeral home parcel is rezoned to R-T, will the owner be required to apply to the Zoning Board of Appeals to expand the structure.

Rebecca Munce, 125 N Third Street questioned if she were to open a home occupation of a tea parlor, would she be a conforming use within her zoning district.


Chairman Smith stated the parcels adjacent to the funeral home are zoned R1 – Single-Family Residential, and that is the only principle permitted use.

Chairman Smith stated that in the R-T district, any use other than single-family could only be allowed through the Special Land Use process.

Manager Caruso stated any proposed expansion of a structure that will encroach into the required setbacks of the district it lies within, would require a variance request to the ZBA.

Manager Caruso stated home occupations are allowed as a permitted use in the R1 district. A business that allows customer access for service such as a café, would be classified as a commercial business and require Special Land Use approval.

Commissioner Bohn asked what the requirements are that dictates if a proposed expansion to a structure needs Planning Commission or City Council approval.

Manager Caruso stated the zoning ordinance criteria that allows for administrative, Planning Commission, or City Council approval, for a proposed expansion, is based off calculations regarding square footage, parking needs, use intensity, and change of use.

Commissioner Bohn asked what approval is required, if the funeral home business proposed an expansion that doubled the current size of the building.

Manager Caruso stated Planning Commission and City Council approval would be required.

Moved by Gardner, supported by Bryan, to recommend adoption of Chapter 98, map amendments to zoning ordinance. The motion carried unanimously.


OLD BUSINESS

None

NEW BUSINESS

7. Informative Presentation on State Recreation Marijuana Laws

Manager Caruso gave a brief overview of why information regarding the recreational marijuana laws was being presented to the Commission.

Jill Bahm, Giffels Webster, gave a powerpoint presentation on the Michigan Medical Marijuana Act, and the Michigan Regulation and Taxation of Marijuana Act.

Commissioner Pawlowski asked what is the difference in the allowable limit of plants listed in the medical and recreational marijuana laws.

Ms. Bahm stated there is no difference and the allowed amount is equal.

Commissioner Gardner stated there is more types of licenses allowed in the new law, and questioned if you can choose which licenses you wanted to allow.

Ms. Bahm stated when the law was first passed, there was talk of any community opting in must allow all the license types. She stated now communities are adopting language allowing them to choose which types they will approve.

Commissioner Schmenk stated statistical reports of communities in other states that allow the marijuana businesses, have elevated numbers in crime rate and homelessness. He also mentioned the businesses will be a target for theft, and asked if there was any data from community’s the size of Brighton that have opted in, that could be reviewed.

Commissioner Bryan commented on the resources that will be needed to regulate and manage these businesses if allowed, and he believes there are too many unknowns to make any determination in regards to the City of Brighton creating zoning language.

Ms. Bahm stated there are many issues to consider when researching this topic. She commented on what most other communities are saying in regards to there being too many unknowns, and which is why they have opted out.

Chairman Smith stated there is no obligation for the Planning Commission to take any action at this meeting, as the City is currently “opted out” for any marijuana related uses. He also stated it would be helpful if staff can consider presenting an annual update to the Commission regarding the recreational marijuana industry, and how it is effecting communities that have opted in.


8. Approval of the 2020 Meeting Schedule

Moved by Pawlowski, supported by Bryan, to approve the 2020 meeting schedule. The motion carried unanimously.

OTHER BUSINESS

9. Staff Updates

None

10. Commissioner’s Report

Commissioner Gardner stated in regards to the comments made during the first call to public, she asked staff is there any other proposed zoning ordinance amendments in the near future that will be discussed by the Commission.

Manager Caruso stated there will be discussion on possible zoning ordinance amendments at an upcoming meeting, and that he was targeting the February meeting.

Commissioner Pawlowski asked for a status on the Roadies project at 205 W. Main Street.

Manager Caruso stated the majority of the renovations are complete and the owner will be conducting a water main tap in a few days for the fire suppression system.

Commissioner Gardner asked the status of the Sidecar Slider Bar project.

Manager Caruso stated the building permit is still in the review process but they were issued a foundation only permit.

Commissioner Bohn asked the status of the Brighton Yoga located at 106 W. Main Street, and the change of use.

Manager Caruso stated they have moved from their location at Grand River and Cross Street, and per the Development Procedures section of the zoning ordinance, the change of use was administratively approved.

9. Call to Public

Chairman Smith opened the call to public at 8:21 pm.


Susan Bakhaus, 907 Brighton Lake Rd. commented on the possibility of the funeral home parcel owner buying neighboring properties, and combining them to get the proper zoning, allowing him to expand his business.

Chairman Smith closed the call to public at 8:22 p.m.

10. Adjournment

Moved by Bohn, supported by Bryan, to adjourn the meeting. The motion carried unanimously. Meeting was adjourned at 8:23 p.m.

______________________________ _________________________________ William Bryan, Secretary Kelly Haataja, Recording Secretary

CITY OF BRIGHTON ORDINANCE NO. 592

AN ORDINANCE AMENDING CHAPTER 98 OF THE CITY OF BRIGHTON ZONING ORDINANCE AS FOLLOWS:

ARTICLE 2-DEFINITIONS, TO ADD DEFINITIONS TO SECTION 98-2.2; ARTICLE 3-ZONING DISTRICTS, ADD LANGUAGE TO SECTION 98-3.8(C); ARTICLE 3-ZONING DISTRICTS, TEXT AMENDMENT TO SECTION 98-3.10(B)(4); ARTICLE 3-ZONING DISTRICTS, ADD LANGUAGE TO SECTION 98-3.10(B); ARTICLE 3-ZONING DISTRICTS, TEXT AMENDMENT TO SECTION 98-3.11(B); ARTICLE 3-ZONING DISTRICTS, ADD LANGUAGE TO SECTIONS 98-3.11(C); ARTICLE 3-ZONING DISTRICTS, ADD LANGUAGE TO SECTION 98-3.12(B); ARTICLE 3-ZONING DISTRICTS, TEXT AMENDMENT TO SECTION 98-3.12(C); ARTICLE 3-ZONING DISTRICTS, ADD LANGUAGE TO SECTION 98-3.16(B); ARTICLE 3-ZONING DISTRICTS, TEXT AMENDMENT TO SECTION 98-3.16(C); ARTICLE 3-ZONING DISTRICTS, REPEAL SECTION 98-3.16(D); ARTICLE 4-USE STANDARDS, TEXT AMENDMENT TO SECTION 98-4.17, SECTION 98-4.18, SECTION 98-4.20, AND SECTION 98-4.22 THE CITY OF BRIGHTON, LIVINGSTON COUNTY, HEREBY ORDAINS:

Amend Chapter 98, Article 2, Section 98-2.2 to add the following definitions:

Child daycare facility means a facility other than a private residence, receiving more than six (6) preschool or school age children for group day care for periods of less than twenty four (24) hours a day, and where the parents or guardians are not immediately available to the child. The facility is generally described as a child care center, day care center, day nursery, nursery school, parent cooperative preschool, play group, or drop-in center. "Child care facility" or "day care facility" does not include a Sunday school conducted by a religious institution, or a facility operated by a religious organization where children are cared for during short periods of time, while persons responsible for such children are attending religious services.

Pet daycare facility means a facility other than a private residence, operated for the purpose of providing daily care and short-term boarding for normal household pets, providing that all boarding shall be done within the structure.

Amend Chapter 98, Article 3, Section 98-3.8, Subsection (C) to add the following language:

13. Child daycare facility

Amend Chapter 98, Article 3, Section 98-3.10, Subsection (B)(4) with the following language:

4. Personal service establishments, including barbershops, beauty shops and healthsalons.

Amend Chapter 98, Article 3, Section 98-3.10, Subsection (B) to add the following language:

23. Health clubs and personal recreational facilities §98-4.2024. Pet daycare facility §98-4.18

Amend Chapter 98, Article 3, Section 98-3.11, Subsection (B) with the following language:

B. PRINCIPAL PERMITTED USES 1. Private museums2. Fraternities, sororities, private

clubs and lodges §98-4.113. Banks and other financial

institutions4. Nursery, floral, landscape,

garden and swimming poolsales §98-4.22

5. Business or commercial school,dancing or music academy

6. Catering establishments7. Motorized vehicle service and

sales facilities, farm and lawnequipment

8. Hospitals and clinics foranimals §98-4.18

9. Printing, reproduction, and artservice

10. Painting and decorating shop11. Photograph gallery12. Public garage §98-4.1213. Recreation or amusement

buildings14. Restaurant15. Sales or show rooms16. Health clubs and personal

recreational facilities §98-4.2017. Store or shop for the conduct

of retail business18. Theatres, except open-air

drive-in theatres §98-4.1319. Business and professional

offices20. Carnival, outdoor circus or

migratory amusemententerprise §98-4.14

21. Public or private paved, off- street parkinglots §98-5.6

22. Dyeing and cleaning works §98-4.16

B. PRINCIPAL PERMITTED USES (continued) 23. Personal service

establishments, includingbarbershops, beauty shopsand health salons.

24. Laundry employing not morethan ten persons on thepremises

25. Publicly owned buildings, aswell as public service facilities,telephone exchange buildings,and public utility offices, butnot including open storageyards, transformer stations, orgas regulator stations..

26. Medical offices and clinicsserving human health needsincluding related laboratorydiagnostic and treatmentfunctions

27. Used car sales or storage lots28. Radio broadcasting and

telecasting stations, studiosand offices

29. Retail lumber yards30. Places of worship and

accessory uses31. Tobacco specialty retail

stores, cigar bars, andHookah Lounges/bars/establishments

32. Service establishments such astelevision repair, shoe repairshop, laundries and drycleaning establishments whichare not self service

33. Daycare facilities34. Pet daycare facility §98-4.1835 Accessory buildings and uses

customarily incidental to theabove use

Amend Chapter 98, Article 3, Section 98-3.11, Subsection (C) to add the following language:

2. Hotel, motel3. Undertaking establishments, including mortuary and funeral homes, excepting

therefrom crematory services


3. Antique shops4. Art galleries and museums5. Personal service establishments, including barbershops, beauty shops and health

salons.6. Bookstores7. Business offices8. Collectors shops, such as stamps and coins9. Craft establishments10. Florists11. Jewelry, watch and clock repair12. Optical and hearing supplies and services13. Photographic services14. Professional offices §98-4.1715. Tailors, dress making apparel, alteration or leasing services16. Veterinary hospitals, clinics, and pet daycare facilities §98-4.18

Amend Chapter 98, Article 3, Section 98-3.12, Subsection (C) with the following language:

C. SPECIAL LAND USES 1. Places of worship and accessory uses2. Libraries, public and private3. Municipal offices4. Undertaking establishments, including mortuary and funeral homes, excepting

therefrom crematory services5. Residential facilities §98-4.106. Wireless communication facilities and services 98-4.35


2. Office buildings3. Medical offices, including clinics4. Banks, credit unions, savings and loan associations, and similar uses; drive-in

facilities as an accessory use only5. Publicly-owned buildings, telephone exchange buildings, and public utility offices, but

not including storage yards, transformer stations, or gas regulator stations.6. Other uses similar to the above uses7. Accessory structures and uses customarily incident to the above permitted uses

Amend Chapter 98, Article 3, Section 98-3.16, Subsection (C) with the following language:


1. Facilities for human care such as hospitals, sanitariums and convalescent homes2. Mortuary establishments §98-4.193. Off-street parking lots §98-5.64. Places of worship and accessory uses5. Wireless communication facilities and services 98-4.35

Amend Chapter 98, Article 3, Section 98-3.16, by repealing Subsection (D).

Amend Chapter 98, Article 4, Section 98-4.17 with the following language:

Professional offices, such as architectural, engineering, legal, medical, dental, psychiatric, and other similar offices are permitted as a use in the C-3 district, excepting therefrom clinics, hospitals, or other similar uses which provide for overnight care or treatment.


98-4.18 VETERINARY HOSPITALS, CLINICS, AND PET DAYCARE FACILITIES

Veterinary hospitals, clinics, and pet daycare facilities are permitted as a use in the C-1, C-2, and C-3 districts, providing medical, surgical, boarding, grooming, or bathing for small nonfarm animals, provided that all boarding of animals shall be within the structure.


Health clubs and personal recreational facilities are a permitted use in the C-1, C-2, and C-4 districts when entirely within an enclosed structure.


Nursery, floral, landscape, garden, and swimming pool sales are permitted uses in the C-1, C-2, and C-4 districts, when including only enclosed outdoor sales and display areas.

TARA BROWN, City Clerk SHAWN PIPOLY, Mayor

First Reading: ____________________________________

Brief Publication: _________________________________

Second Reading: __________________________________

Public Hearing: ___________________________________

Adoption: _______________________________________

Full Publication: __________________________________

brightoncity.org | 200 North First Street Brighton, MI 48116 | (810) 227-1911


SUBJECT: FIRST READING AND SETTING OF PUBLIC HEARING TO CONSIDER MAP AMENDMENTS TO CHAPTER 98, ZONING, OF THE CODE OF ORDINANCE


• R-1 SINGLE-FAMILY TO R-T RESIDENTIAL TRANSITIONAL

The City has two funeral home businesses along Main Street that operate as legal-nonconforming uses within the R1 zoning district (shown below). Each establishment has shown the interest to improve their properties through renovation and/or expansion, but as nonconforming uses, they are limited in these improvements per the zoning ordinance. These two parcels if rezoned to the RT classification, would then have permitted uses by right. A third parcel located at the southeast corner of Main St. and East St. should be included in rezoning to RT from the current C2 classification. This parcel contains a residential structure converted to a commercial office use, which fits the standard for the RT district. The idea of rezoning these parcels was discussed at a previous City Council Study Session held on 7/18/2019, and supported by the City Attorney.

R-1, Single Family Residential district Proposed rezoning to R-T, Residential Transitional

http://www.brightoncity.com/



• C-4 LIMITED INTENSITY BUSINESS TO C-2 GENERAL BUSINESS

In conjunction with proposed zoning ordinance amendments, the Planning Commission has recommended approval of rezoning the remaining parcels in the City categorized as C-4 Limited Intensity Business (shown below), to the C-2 General Business classification. Commercial parcels to the north, south, and west, currently have the C-2 classification. The designation change would allow for a wider range of uses permitted by right, and give property owners a better opportunity to meet the changing demands of the commercial business industry. The proposed text amendments will alter and re-align permitted uses in all commercially zoned districts, also providing better opportunities to property owners.

C-4, Limited Intensity Business district properties Proposed Rezoning to C-2, General Business district

• The Planning Commission conducted a public hearing at their meeting held on December 16, 2019 and hasrecommended approval of the zoning map amendments.

• The City Attorney has reviewed and approved the proposed zoning map amendments.



City of Brighton REPORT FROM THE CITY MANAGER TO CITY COUNCIL FEBRUARY 6, 2020 RECOMMENDATION

Motion to set a public hearing for February 20, 2020 regarding the outlined zoning map amendments to Chapter 98 of the Code of Ordinance as approved and recommended by the Planning Commission.

Prepared by: Michael Caruso, Community Development Manager

Reviewed & Approved by: Nate Geinzer, City Manager

Attachments: 1. Planning Commission Minutes, 12/16/2019 2. City Council Study Session Minutes, 7/18/2019


City of Brighton Planning Commission

Regular Meeting Minutes December 16, 2019

The Board for the Planning Commission held a regular meeting on Monday, December 16, 2019 at City Hall, located at 200 N. First Street, Brighton, MI.

1. Call to Order/Roll Call

Chairman Smith called the meeting to order at 7:01 p.m.

Commissioners Present: Matt Smith, James Bohn, Ken Schmenk, Susan Gardner, Rob Pawlowski, Mike Schutz, and William Bryan.

Members Absent: Steve Monet and Dave Petrak

Also present: Michael Caruso, Community Development Manager; Kelly Haataja, Executive Assistant to Community Development; Jill Bahm, Giffels Webster; Nate Geinzer, City Manager; Rob Bradford, Police Chief; Craig Flood, Deputy Police Chief, and an audience of eight.

Moved by Pawlowski, supported by Bryan, to excuse Commissioners Monet and Petrak. The motion carried unanimously.

2. Approval of the November 18, 2019 Meeting Minutes

Moved by Bohn, supported by Schmenk, to approve the November 18, 2019 minutes as presented. The motion carried unanimously.

3. Approval of the December 16, 2019 Agenda

Moved by Gardner, supported by Pawlowski, to approve the December 16, 2019 Meeting Agenda. The motion carried unanimously.


Chairman Smith opened the call to the public at 7:03 p.m.

Albert Wirth, 230 N. First Street requested the Commission revisit the R-5, Uptown South District in regards to the side yard setbacks for a townhome development. He believes the zero lot-line setback is not appropriate for the district.

Chairman Smith closed the call to the public at 7:04 p.m.


PUBLIC HEARING

5. Public Hearing and Possible Action on Text Amendments to Chapter 98 of the City’sCode of Ordinances

Community Development Manager Caruso gave an overview of the proposed text amendments, and described what changes would occur if the proposed amendments were adopted.

Commissioner Bryan asked where the C-3 district is located.

Manager Caruso stated along east Grand River from Spencer Street to the Brookdale Senior Living facility.

Commissioner Bohn asked what zoning districts would a child daycare facility be listed as a permitted use.

Manager Caruso stated in the C-2 district, and as a Special Land Use in the R-T district.

Chairman Smith opened the public hearing at 7:13 p.m.

Bob Pettengill, 608 W. Main Street stated the proposed R1, Single-Family rezoning to the R-T district rezoning was not mentioned in the overview of the public hearing.

Chairman Smith advised the resident it was included in the next agenda item, which would also be a public hearing.

Mr. Pettengill also commented on the public notice that residents received regarding the hearing, stating he would like to see the agenda item listed in the same manner.


Moved by Gardner, supported by Bryan, to recommend adoption of the text amendments to Chapter 98. The motion carried unanimously.

6. Public Hearing and Possible Action on Chapter 98, Map Amendments to the ZoningOrdinance.

Community Development Manager Caruso gave an overview of the proposed changes to the zoning map and described the reasons for the proposed amendments. Also by request of Chairman Smith, an overview of the Special Land Use request process was explained. The locations of the proposed rezoning’s were illustrated with a map presentation.

Chairman Smith opened the public hearing at 7:22 pm.


Bob Pettengill, 608 W Main Street stated he would like the minutes to reflect which specific parcels will be rezoned. He also stated his appreciation that any permitted use in the R-T zoning district, besides single-family residential, will need to go through the Special Land Use process.

Rebecca Munce, 125 N Third Street questioned if the rezoning of the funeral home parcels would give the opportunity for expansion, as the owner of a parcel proposed for rezoning is seeking to acquire neighboring properties.

Renee Pettengill, 225 N Third Street questioned if the funeral home parcel is rezoned to R-T, will the owner be required to apply to the Zoning Board of Appeals to expand the structure.

Rebecca Munce, 125 N Third Street questioned if she were to open a home occupation of a tea parlor, would she be a conforming use within her zoning district.


Chairman Smith stated the parcels adjacent to the funeral home are zoned R1 – Single-Family Residential, and that is the only principle permitted use.

Chairman Smith stated that in the R-T district, any use other than single-family could only be allowed through the Special Land Use process.

Manager Caruso stated any proposed expansion of a structure that will encroach into the required setbacks of the district it lies within, would require a variance request to the ZBA.

Manager Caruso stated home occupations are allowed as a permitted use in the R1 district. A business that allows customer access for service such as a café, would be classified as a commercial business and require Special Land Use approval.

Commissioner Bohn asked what the requirements are that dictates if a proposed expansion to a structure needs Planning Commission or City Council approval.

Manager Caruso stated the zoning ordinance criteria that allows for administrative, Planning Commission, or City Council approval, for a proposed expansion, is based off calculations regarding square footage, parking needs, use intensity, and change of use.

Commissioner Bohn asked what approval is required, if the funeral home business proposed an expansion that doubled the current size of the building.

Manager Caruso stated Planning Commission and City Council approval would be required.

Moved by Gardner, supported by Bryan, to recommend adoption of Chapter 98, map amendments to zoning ordinance. The motion carried unanimously.


OLD BUSINESS

None

NEW BUSINESS

7. Informative Presentation on State Recreation Marijuana Laws

Manager Caruso gave a brief overview of why information regarding the recreational marijuana laws was being presented to the Commission.

Jill Bahm, Giffels Webster, gave a powerpoint presentation on the Michigan Medical Marijuana Act, and the Michigan Regulation and Taxation of Marijuana Act.

Commissioner Pawlowski asked what is the difference in the allowable limit of plants listed in the medical and recreational marijuana laws.

Ms. Bahm stated there is no difference and the allowed amount is equal.

Commissioner Gardner stated there is more types of licenses allowed in the new law, and questioned if you can choose which licenses you wanted to allow.

Ms. Bahm stated when the law was first passed, there was talk of any community opting in must allow all the license types. She stated now communities are adopting language allowing them to choose which types they will approve.

Commissioner Schmenk stated statistical reports of communities in other states that allow the marijuana businesses, have elevated numbers in crime rate and homelessness. He also mentioned the businesses will be a target for theft, and asked if there was any data from community’s the size of Brighton that have opted in, that could be reviewed.

Commissioner Bryan commented on the resources that will be needed to regulate and manage these businesses if allowed, and he believes there are too many unknowns to make any determination in regards to the City of Brighton creating zoning language.

Ms. Bahm stated there are many issues to consider when researching this topic. She commented on what most other communities are saying in regards to there being too many unknowns, and which is why they have opted out.

Chairman Smith stated there is no obligation for the Planning Commission to take any action at this meeting, as the City is currently “opted out” for any marijuana related uses. He also stated it would be helpful if staff can consider presenting an annual update to the Commission regarding the recreational marijuana industry, and how it is effecting communities that have opted in.


8. Approval of the 2020 Meeting Schedule

Moved by Pawlowski, supported by Bryan, to approve the 2020 meeting schedule. The motion carried unanimously.

OTHER BUSINESS

9. Staff Updates

None

10. Commissioner’s Report

Commissioner Gardner stated in regards to the comments made during the first call to public, she asked staff is there any other proposed zoning ordinance amendments in the near future that will be discussed by the Commission.

Manager Caruso stated there will be discussion on possible zoning ordinance amendments at an upcoming meeting, and that he was targeting the February meeting.

Commissioner Pawlowski asked for a status on the Roadies project at 205 W. Main Street.

Manager Caruso stated the majority of the renovations are complete and the owner will be conducting a water main tap in a few days for the fire suppression system.

Commissioner Gardner asked the status of the Sidecar Slider Bar project.

Manager Caruso stated the building permit is still in the review process but they were issued a foundation only permit.

Commissioner Bohn asked the status of the Brighton Yoga located at 106 W. Main Street, and the change of use.

Manager Caruso stated they have moved from their location at Grand River and Cross Street, and per the Development Procedures section of the zoning ordinance, the change of use was administratively approved.

9. Call to Public

Chairman Smith opened the call to public at 8:21 pm.


Susan Bakhaus, 907 Brighton Lake Rd. commented on the possibility of the funeral home parcel owner buying neighboring properties, and combining them to get the proper zoning, allowing him to expand his business.

Chairman Smith closed the call to public at 8:22 p.m.

10. Adjournment

Moved by Bohn, supported by Bryan, to adjourn the meeting. The motion carried unanimously. Meeting was adjourned at 8:23 p.m.

______________________________ _________________________________ William Bryan, Secretary Kelly Haataja, Recording Secretary

City Council Study Session 200 N First St ● City Hall Council Chambers ● Brighton, Michigan 48116


MINUTES OF THE STUDY SESSION OF THE BRIGHTON CITY COUNCIL HELD ON JULY 18, 2019

CALL TO ORDER Mayor Muzzin called the Study Session to order at 6:30 p.m.

ROLL CALL Present were Mayor Muzzin, Councilmembers: Bohn, Emaus, Gardner, Pettengill, and Pipoly. Councilmember Tobbe was absent. Staff: City Manager Nate Geinzer, City Clerk Tara Brown, Finance Director Gretchen Gomolka, Community Development Manager Mike Caruso, and Attorney Paul Burns. There were four persons in the audience.

Motion by Councilmember Emaus, seconded by Councilmember Pettengill to delete Discussion of Implementation of Cross Connection Program and add Discuss Possible Rezoning and Discussion of PEG fees. The motion carried without objection.

CALL TO PUBLIC Mayor Muzzin opened the Call to the Public at 6:30 p.m. Hearing and seeing no comment, Mayor Muzzin closed the Call to Public at 6:30 p.m.

DISCUSSION OF IMPLEMENTATION OF CROSS CONNECTION PROGRAM

DISCUSSION OF UTILITY CONNECTION FEE PAYMENT PROGRAM

City Manager Geinzer gave a brief introduction to the agenda item. Community Development Manager Caruso also introduced the agenda item noting that his department has been considering a modification to the program for some time and presented City Council with the current fee structure and possible scenarios that he considered. Mr. Caruso stated that several developers have voiced their concerns with the upfront utility connection costs and would appreciate a longer payment program.

Mayor Pro Tem Pipoly stated that he would prefer to look at a volume payment program, perhaps a longer period if a developer meets a certain threshold for quantity. Councilmember Bohn asked if there was some specific reason for a third down. Manager Geinzer spoke about the historical significance and past practices for utility connection fee payment program. Mr. Geinzer also cautioned that there are good reasons not to allow the program to extend too far out but he is open to allow developers more time if the volume is significant. Mayor Muzzin asked if the fees are transferable, Mr. Caruso stated that unpaid fees would go onto the tax roll if necessary. City Council and staff discussed specifics if the fees were not paid.

City Manager Geinzer reminded all that most developers are from an urban/metro setting where REUs are less expensive. Mayor Pro Tem Pipoly asked how many developers have raised their concerns about the fees. Mr. Caruso stated that all recent developers. Mayor Muzzin is in favor of a tiered system based on volume but would like to keep the language to read a third down and add a five year payment program if criteria is met and reevaluate in five years to discuss financial liabilities of extending the program.

Councilmember Emaus stated his concern regarding the extended program because it could increase risk of default the longer the payment is extended. Director Gomolka stated that any default would be placed on the owner(s) tax roll. Attorney Burns gave a brief overview on tax liens. Mayor Muzzin and Pro Tem Pipoly agreed that a three and five year program with a five-year sunset for evaluation would be their preference.

DISCUSS POSSIBLE REZONINGS

City Council Study Session July 18, 2019 Page 2

Mr. Caruso introduced the agenda item mentioning that this item has been something his staff has reviewed lately because a local business owner, Keehn Griffin Funeral Home would like to add onto their porch area but because their building is a non-conforming use, they are not allowed under current zoning to increase or build out. Mr. Caruso, with concurrence by the City Attorney, suggested a change similar properties from R1 (residential) to residential transitional (RT). Mr. Caruso and Council discussed various parcels that would benefit from a change in zoning. Councilmember Pettengill is concerned rezoning may be extending the DDA district, she is also concerned about changing the master plan that was just completed. Councilmember Pettengill is in favor of looking at certain established businesses rather than rezoning a full section of residential homes.

Councilmember Emaus would like to promote the businesses that invest in the City and would like to better their businesses. Councilmember Pettengill is in favor of spot zoning Paris Allergy Clinic and Keehn Griffin Funeral Home from R1 to residential transitional to allow the established businesses to modify their existing structures however she is opposed to rezoning large portions of family residential homes to residential transitional. Attorney Burns stated that RT was developed to taper commercial/industrial areas to residential homes. The thought process was to develop a natural transition with businesses that have a home-like appearance. Councilmember Gardner is in favor of spot zoning and appreciates that a potential rezoning would be to accommodate businesses already established rather than changing the zoning to accommodate a developer.

DISCUSSION OF PEG FEES

Director Gomolka introduced the agenda item stating that PEG fees are for Public, Educational, or Governmental programing. This is a fee that is collected by AT&T or Comcast and paid to the City for PEG programming. These fees paid to the City must be used within the studio in various ways to maintain and promote PEG programming. To date the City has received $192,000 and has utilized $120,000 leaving about $70,000 for maintenance and studio upkeep.

Mayor Muzzin asked if the City must report back to AT&T or Comcast as to how the money is spent. Director Gomolka stated that the companies do not require expense reporting.

CALL TO THE PUBLIC

Mayor Muzzin opened the Call to the Public at 7:14 p.m.

Bob Pettengill spoke against categorically rezoning homes within the mentioned area to RT. Mr. Pettengill stated that he would like to keep that area of Brighton residential.

Jim Folks would support spot zoning and keep the character of Brighton. Mr. Folks appreciates seeing families walking around.

ADJOURNMENT

Motion by Councilmember Emaus, seconded by Mayor Pro Tem Pipoly to adjourn the Study Session at 7:22 p.m. The motion carried without objection.

____________________ _______________________ Tara Brown, City Clerk James Muzzin, Mayor

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