CITY OF GARDEN CITY REGULAR COUNCIL MEETING MINUTES August 6, 2018

Transcription

1 CITY OF GARDEN CITY REGULAR COUNCIL MEETING MINUTES August 6, 2018 The Mayor and Council of the City of Garden City met in Regular Session on Monday, August 6, 2018, at 7:00p.m. in the Council Chambers of the Civic Center, 6000 Middlebelt, Garden City, Michigan. REGULAR MEETING Present were Mayor Walker, Councilmembers Jacobs, Lynch, Squires, Earle, McKarge and Kerwin. Also present were City Manager Dougherty, Treasurer/Clerk Bettis, Fire Chief Harman, Police Chief Gibbons, Library Director Lenze, Community Resources Director Fulton, and Recreation Director Plamondon. Item # Moved by Lynch; supported by Squires: RESOLVED: To approve the meeting agenda as presented. The meeting agenda considered the following items. 1. Supplemental Appropriation for Children s Savings Account Grant Garden City Downtown Development Authority Santaland Parade 3. Moratorium medical marihuana permit applications 4. Special Assessment 2018 Sidewalk Program 5. Proposed Charter Amendments a. Mayoral/Council Vacancies b. Mayor Pro Tem Decline c. Council Compensation 6. Labor Agreements Dental Coverage 7. Zoning Text Amendment Lighting Regulations Recognition, Community Announcements, Comments from State & County Officials, and Petitions & Communications. Allyson Bettis, Clerk/Treasurer, reminded all to vote Tuesday August 7, Dan Plamondon, Parks and Recreation Director, announced the 2018 Great Bacon Run on August 11, 2018 and Kiwanis Kids Day in the Park. Item # Moved by Lynch; supported by Squires: RESOLVED: To approve the consent agenda, as follows: 1. Approve Council of 7/23/18 2. Mayoral Appointment a. Downtown Development Authority: Melissa Radiwon, term expiring 4/30/22

2 August 6, 2018 Page 2 of 13 Item # Moved by Jacobs; supported by Kerwin: RESOLVED: To approve the supplemental appropriation to the General Fund increasing revenues and expenditures in the amount of $10,000 for the Community Economic Development Association of Michigan s Children s Savings Account Host Site Replication grant. SUPPLEMENTAL APPROPRIATION Ordinance No. A WHEREAS, the City Manager has certified that there is available for appropriation, monies in excess of those in the current budget, and WHEREAS, additional monies are needed in various accounts, and WHEREAS, Section 5.03 of the City Charter exempts ordinances dealing with the budget, appropriations, and the levy of taxes from the requirements of other legislative enactments, and WHEREAS, these specific enactments under Section 6.09(A) are not permanent in nature and need not be compiled in the City Code: NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Garden City hereby adopts the following form for this supplemental appropriation and also for the passage of those ordinances exempt from the requirements of Section 5.03 of the City Charter: THE CITY COUNCIL OF GARDEN CITY HEREBY ORDAINS: The FY18/19 budget is hereby supplemented by appropriating the amount of $10,000 and authorizing the expenditure of that money in the following departments, office and agencies listed: ACCOUNT# ACCOUNT NAM E AMOUNT Revenue: Miscellaneous Grants $10, Expenditure: Salaries/Wages-P/T $7, Conferences/Workshops $2, Transportation $ Item # Moved by Squires; supported by McKarge : RESOLVED: To introduce the following Resolution for the 2018 Garden City Downtown Development Authority Santaland Parade, November 24, GARDEN CITY DOWNTOWN DEVELOPMENT AUTHORITY SANTALAND PARADE WHEREAS, the City of Garden City has requested approval to hold the annual Garden City Downtown Development Authority Santaland Parade on Saturday, November 24, 2018, starting at 10:00 a.m. and, WHEREAS, participants in the parade will assemble in the Garden City High School Parking Lot, travel south on Middlebelt Road, turn east on Ford Road and end at Central; and,

3 August 6, 2018 Page 3 of 13 NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Garden City, Michigan, approves this request and authorizes Police Chief Tim Gibbons or his designee, to make the necessary application and arrangements to close the above mentioned roads on November 24, 2018, beginning at 9:00 a.m., and FURTHER, BE IT RESOLVED that the City of Garden City shall assume liability for all damage claims which may arise out of the road closure or partial road closure. Item # Moved by Lynch; supported by McKarge : RESOLVED: To establish a moratorium on the City of Garden City accepting any more medical marihuana permit applications for a period of six (6) months, beginning 8/7/18. Item # Moved by Squires; supported by Earle : RESOLVED: To adopt the following resolution to call for a Public Hearing to solicit public comments on the necessity of the 2018 Sidewalk Program on Monday, August 20, 2018, at 7:00p.m. CITY OF GARDEN CITY COUNTY OF WAYNE, MICHIGAN SPECIAL ASSESSMENT RESOLUTION (#2) DETERMINATION OF NECESSITY Sidewalk Program (2018) WHEREAS, WHEREAS, a report has been received from the City Manager on a city-wide sidewalk program for the 2018 construction season, and the City Council wishes to hear the views of property owners in the proposed district. NOW THEREFORE, BE IT RESOLVED, to call a Public Hearing for Monday, August 20, 2018 at 7:00p.m., in the Council Chambers, 6000 Middlebelt, Garden City, MI to solicit public comments on the necessity of the 2018 Sidewalk Program. BE IT FURTHER RESOLVED, that notice of the hearing shall be given to each owner of or party in interest in property in the special assessment district to be assessed, whose name appears on the last local tax assessment record of the municipality, by mailing a notice by first class mail addressed to each owner or party in interest at the address shown on the tax records at least ten days before the date of the hearing; and by publication at least once in a newspaper of general circulation in the municipality, to be designated by the Council, or by posting notice thereof in three places within the municipality, the publication or posting to be not less than ten days prior to the date of hearing pursuant to the Garden City Code of Ordinances Chapter 40, Section 40.04(A). Item # Moved by Lynch; supported by Squires : RESOLVED: To approve the following resolution authorizing the submission of the proposed ballot language to amend Sections 2.03 and 2.09 of the Charter of the City of Garden City to the electorate, and authorize all activities necessary to place said proposal on the November 6, 2018 ballot. STATE OF MICHIGAN

4 August 6, 2018 Page 4 of 13 COUNTY OF WAYNE CITY OF GARDEN CITY WHEREAS, the current Charter language potentially allows the Mayor Pro-Tem s Council seat to lapse, in the event that he or she serves as Mayor during a Mayoral vacancy, following his or her conclusion of service as Mayor, in other words, when the mayoral vacancy is filled at election; WHEREAS, in the interest of fairness and consistency in office, Council has determined that a Mayor Pro-Tem who fills in as Mayor during a time of vacancy, should resume his or her Council seat after the mayoral vacancy is permanently filled; WHEREAS, section 21(1) of the Home Rule City Act (HRCA), MCL (1), authorizes a city council to adopt a resolution proposing amends to the city charter by a three-fifths vote of its members-elect, and WHEREAS, the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment[s] to be submitted to the city voters for approval at a regular election, and WHEREAS, the resolution must set forth the ballot language for the proposed charter amendment[s] and comply with section 21(2) of the HRCA, MCL (2), which requires that the ballot language for the submission of each proposed amendment to city voters, including any separate statement of purpose, shall be limited to 100 words, exclusive of caption, shall be a fair and impartial statement of the purpose of the amendment, and shall not create prejudice for or against the proposed amendment, WHEREAS, the current Charter Section 2.03 reads as follows: SECTION 2.03 THE MAYOR. The Mayor shall be elected every four years. At each regular election commencing at an election scheduled for November 2017 and every four years thereafter, a Mayor, who shall be the chief executive officer of the city, shall be elected for a term of four years. He shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. The Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no administrative duties. The Council member receiving the highest number of votes in each general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor and hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). WHEREAS, the current City Charter Section 2.09 reads as follows: SECTION 2.09 VACANCIES, REMOVAL FROM OFFICE, AND FILLING OF VACANCIES. (A) Vacancies. The office of a Council member shall become vacant upon his death, resignation, or removal from office in any manner authorized by law. (B) Removal from office. A Council member shall be subject to removal from office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend all regularly scheduled consecutive meetings of the Council during a two- month calendar period. (C) Filling of vacancies. Except in the case of recall, a vacancy in the Council shall be filled by the appointment of the non-elected Council candidate who at the last previous general city election received the highest number of votes and is otherwise qualified and willing to serve. Should this person not be available, those persons successively receiving the next highest number of votes at such election shall be offered appointment until the vacancy is filled. If it is impossible to fill the vacancy from this group of candidates, the Council shall fill the vacancy by a special election. A person appointed or elected to fill a vacancy on the Council shall file an acceptance of office, and shall hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). WHEREAS, the City Council has discussed a proposed amendment to the City Charter, which would amend Charter Section 2.03 to read as follows:

5 August 6, 2018 Page 5 of 13 SECTION 2.03 THE MAYOR. (A) The Mayor shall be elected every four years. At each regular election commencing at an election scheduled for November 2017 and every four years thereafter, a Mayor, who shall be the chief executive officer of the city, shall be elected for a term of four years. He shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. The Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no administrative duties. The Council member receiving the highest number of votes in each general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor and hold the office of Mayor until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). (B) Once the mayoral vacancy is filled at the next regular general City election as described in section 2.03(A), the Mayor Pro-Tem shall resume his or her Council seat and serve out the remainder of his or her unexpired term (if any). WHEREAS, the City Council has discussed a proposed amendment to the City Charter, which would amend Charter Section 2.09 to accord with Section 2.03 and which would read as follows: SECTION 2.09 VACANCIES, REMOVAL FROM OFFICE, AND FILLING OF VACANCIES. (A) Vacancies. The office of a Council member shall become vacant upon his death, resignation, or removal from office in any manner authorized by law. (B) Removal from office. A Council member shall be subject to removal from office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law; (2) Violates any express prohibition of this Charter; (3) Is convicted of a crime involving moral turpitude; or (4) Fails to attend all regularly scheduled consecutive meetings of the Council during a two- month calendar period. (C) Filling of vacancies. Except in the case of recall, a vacancy in the Council shall be filled by the appointment of the nonelected Council candidate who at the last previous general city election received the highest number of votes and is otherwise qualified and willing to serve. Should this person not be available, those persons successively receiving the next highest number of votes at such election shall be offered appointment until the vacancy is filled. If it is impossible to fill the vacancy from this group of candidates, the Council shall fill the vacancy by a special election. A person appointed or elected to fill a vacancy on the Council shall file an acceptance of office, and shall hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). However, in the event of a Council vacancy created by Mayor Pro-Tem serving as Mayor during a mayoral vacancy in the circumstances described in section 2.03(A), the person selected to fill that Council vacancy shall only hold office until the Mayor Pro-Tem resumes office as described in section 2.03(B). NOW, THEREFORE, BE IT RESOLVED THAT: 1. The ballot language for the amendment set forth in this Resolution to be submitted to a vote of the qualified electors of the City of Garden City, County of Wayne, Michigan, at a regular election to be held on the 6 th day of November, 2018, shall be: City of Garden City PROPOSED CHARTER AMENDMENT #1 It is proposed that Sections 2.03 and 2.09 be amended to provide that when a mayoral vacancy is filled on a permanent basis by an election, the Mayor Pro-Tem, who acts as Mayor on an interim basis, shall resume his or her Council seat and that the person appointed by the Council to replace the Mayor Pro-Tem on the Council shall be a member of the Council for the limited period of time during which the Mayor Pro-Tem is acting as Mayor. Shall the proposed amendment be adopted? Yes No

6 August 6, 2018 Page 6 of A certified copy of this Resolution shall be received and retained by the City Clerk in the manner prescribed by the revised Michigan Election Law. 3. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this Resolution, are hereby repealed. Item # Moved by Kerwin; supported by McKarge : RESOLVED: To approve the following resolution authorizing the submission of the proposed ballot language to amend Section 2.03 of the Charter of the City of Garden City to the electorate, and authorize all activities necessary to place said proposal on the November 6, 2018 ballot. STATE OF MICHIGAN COUNTY OF WAYNE CITY OF GARDEN CITY WHEREAS, City Charter currently provides no direction in the event that the Mayor Pro-Tem is unwilling or unable to fill in as Mayor during a time of mayoral vacancy; WHEREAS, Council has determined that planning for alternatives tends to bolster community stability, and toward that end, Charter should provide an alternative if the Mayor Pro-Tem is unwilling or unable to fill in as Mayor during a time of mayoral vacancy; WHEREAS, the City of Garden City has determined that having the Council member who received the second highest number of votes in the last general election serve as Mayor Pro-Tem in the event that the existing Mayor Pro-Tem is unwilling or unable to fill in as Mayor during a time of mayoral vacancy is fair and consistent with existing Charter provisions; WHEREAS, section 21(1) of the Home Rule City Act (HRCA), MCL (1), authorizes a city council to adopt a resolution proposing amends to the city charter by a three-fifths vote of its members-elect, and WHEREAS, the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment[s] to be submitted to the city voters for approval at a regular election, and WHEREAS, the resolution must set forth the ballot language for the proposed charter amendment[s] and comply with section 21(2) of the HRCA, MCL (2), which requires that the ballot language for the submission of each proposed amendment to city voters, including any separate statement of purpose, shall be limited to 100 words, exclusive of caption, shall be a fair and impartial statement of the purpose of the amendment, and shall not create prejudice for or against the proposed amendment, WHEREAS, the current Charter Section 2.03 reads as follows: SECTION 2.03 THE MAYOR. The Mayor shall be elected every four years. At each regular election commencing at an election scheduled for November 2017 and every four years thereafter, a Mayor, who shall be the chief executive officer of the city, shall be elected for a term of four years. He shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. The Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no administrative duties. The Council member receiving the highest number of votes in each general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor and hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). WHEREAS, the City Council has discussed a proposed amendment to the City Charter, which would amend Charter Section 2.03 to read as follows: SECTION 2.03 THE MAYOR.

7 August 6, 2018 Page 7 of 13 The Mayor shall be elected every four years. At each regular election commencing at an election scheduled for November 2017 and every four years thereafter, a Mayor, who shall be the chief executive officer of the city, shall be elected for a term of four years. He shall have an equal voice and vote in the proceedings of the Council, but shall have no veto power. The Mayor shall preside at meetings of the Council, shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no administrative duties. The Council member receiving the highest number of votes in each general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor and hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). If the Council member receiving the highest number of votes in the last general election is unable or unwilling to act as Mayor Pro-Tem during the absence or disability of the Mayor, or the Mayor Pro-Tem is unable or unwilling to hold the office of Mayor during the vacancy of the office of Mayor, the Council member who received the second highest number of votes in the last general election shall act as Mayor Pro-Tem during the absence or disability of the Mayor or, if a vacancy occurs, shall become Mayor and hold office until the next regular general City election when the vacancy shall be filled for the remainder of the unexpired term (if any). NOW, THEREFORE, BE IT RESOLVED THAT: 1. The ballot language for the amendment set forth in this Resolution to be submitted to a vote of the qualified electors of the City of Garden City, County of Wayne, Michigan, at a regular election to be held on the 6 th day of November, 2018, shall be: City of Garden City PROPOSED CHARTER AMENDMENT #2 Shall Section 2.03 of the Garden City Charter be amended to provide that if the Council member receiving the highest number of votes in the last general election is unable or unwilling to act as Mayor Pro Tem during the absence or disability of the Mayor, or unable or unwilling to hold the office of Mayor if a vacancy occurs, the Council member who received the second highest number of votes in the last general election shall act as Mayor Pro Tem during the absence or disability of the Mayor, and hold the office of Mayor if a vacancy occurs? Yes No 2. A certified copy of this Resolution shall be received and retained by the City Clerk in the manner prescribed by the revised Michigan Election Law. 3. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this Resolution, are hereby repealed. Item # Moved by Jacobs; supported by Squires : RESOLVED: To approve the following resolution authorizing the submission of the proposed ballot language to amend Section2.06(A) of the Charter of the City of Garden City to the electorate, and authorize all activities necessary to place said proposal on the November 6, 2018 ballot. STATE OF MICHIGAN COUNTY OF WAYNE CITY OF GARDEN CITY

8 August 6, 2018 Page 8 of 13 WHEREAS, uniformity and consistency in the compensation scheme for Council is desirable and therefore, Charter language should be streamlined to provide simply that Council members receive compensation in the amount of $2,880 per fiscal year, paid monthly; WHEREAS, section 21(1) of the Home Rule City Act (HRCA), MCL (1), authorizes a city council to adopt a resolution proposing amends to the city charter by a three-fifths vote of its members-elect, and WHEREAS, the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment[s] to be submitted to the city voters for approval at a regular election, and WHEREAS, the resolution must set forth the ballot language for the proposed charter amendment[s] and comply with section 21(2) of the HRCA, MCL (2), which requires that the ballot language for the submission of each proposed amendment to city voters, including any separate statement of purpose, shall be limited to 100 words, exclusive of caption, shall be a fair and impartial statement of the purpose of the amendment, and shall not create prejudice for or against the proposed amendment, WHEREAS, the current City Charter Section 2.06(A) reads as follows: SECTION 2.06 COMPENSATION AND EXPENSES. (A) The Council. Each member of the Council shall receive as compensation an amount equal to $60 per regular meeting attended not to exceed $2,880 in any one fiscal year. Council members shall be compensated for up to four absences per year. Compensation shall be paid monthly. Council members shall also receive $10,000 of group term life insurance during their term of office. (Effective ) WHEREAS, City Council has discussed a proposed amendment to the City Charter, which would amend Charter Section 2.06(A) to read as follows: SECTION 2.06 COMPENSATION AND EXPENSES. (A) The Council. Each member of the Council shall receive as compensation an amount equal to $60 per regular meeting attended not to exceed $2,880 in any one fiscal year. Council members shall be compensated for up to four absences per year. Each member of Council except the Mayor shall receive compensation in the amount of $2,880 per fiscal year. Compensation shall be paid monthly. Council members shall also receive $10,000 of group term life insurance during their term of office. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The ballot language for the amendment set forth in this Resolution to be submitted to a vote of the qualified electors of the City of Garden City, County of Wayne, Michigan, at a regular election to be held on the day of November, 2018, shall be: City of Garden City PROPOSED CHARTER AMENDMENT #3 Shall Section 2.06(A) of the Garden City Charter be amended to delete the meeting attendance compensation contingency for members of Council other than the Mayor, and provide instead that such members of Council shall receive a flat rate of compensation in the amount of $2,880 per fiscal year? Yes No 2. A certified copy of this Resolution shall be received and retained by the City Clerk in the manner prescribed by the revised Michigan Election Law. 3. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this Resolution, are hereby repealed. Item # Moved by Earle ; supported by Jacobs:

9 August 6, 2018 Page 9 of 13 RESOLVED: To approve the three (3) Memorandums of Understanding between the City of Garden City and the Technical, Professional and Officeworkers Association of Michigan (TPOAM), Garden City Supervisory and Professional Association (GCSPPA), and International Association of Fire Fighters (IAFF), documenting the provision of dental benefits for certain retirees. Item # Moved by Lynch; supported by Squires : RESOLVED: To adopt Option 1 of an Ordinance to amend the City of Garden City Zoning Ordinance. The Ordinance involves amending Section (Definitions) and (Lighting Requirements). ORDINANCE # AN ORDINANCE TO AMEND (DEFINITIONS) AND (LIGHTING REQUIREMENTS) WHEREAS, the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, authorizes a City Council to adopt and amend zoning ordinances that regulate the public health, safety and general welfare of persons and property; and WHEREAS, the Planning Commission of Garden City held a public hearing on to consider amendments to the Zoning Ordinance of Garden City, to amend (Lighting Requirements); and WHEREAS, the Planning Commission transmitted a summary of the comments received at the public hearing and its recommendation of approval to the City Council; and WHEREAS, the City Council has determined at its meeting of that enacting said Zoning Ordinance text amendment is in the best interests of the public health, safety and welfare of the City residents: THE CITY OF GARDEN CITY HEREBY ORDAINS: That , Definitions, of the Code of the City of Garden City be amended to including the following definitions as follows: Lighting, Rope. Lighting that is primarily used as a decorative lighting fixture, featuring small light bulbs linked together and encased in a clear, flexible material to create a rope. Lighting, String. A series of lights located along a coated wire (e.g., holiday lights). Lighting, Tube. A gas-filled tubing which, when subjected to an electric current, becomes luminescent in a color characteristic of the particular gas used (e.g., neon, argon, xenon, and similar gases). The tube is commonly bent into various forms for use as decoration and/or signage. Common fluorescent light bulbs are not considered tube lighting. Rope Lighting. See Lighting, Rope. String Lighting. See Lighting, String. Tube Lighting. See Lighting, Tube. That , Lighting Requirements, of the Code of the City of Garden City be amended to read as follows: LIGHTING REQUIREMENTS. Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to assure the security of property and the safety of persons using such public or common areas. All lighting must comply with Chapter 92, Section 92.03(B) of the City Code of Ordinances.

10 August 6, 2018 Page 10 of 13 (A) Permitted Lighting. Only non-glare, color-corrected lighting shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists (see Appendix B, Illustration 10, Lighting Requirements). (B) Intensity. In parking areas, the light intensity shall average a minimum of 1.0 footcandle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 footcandles, measured five feet above the surface. (C) Height. Except as noted below, lighting fixtures shall not exceed a height of 25 feet measured from the ground level to the centerline of the light source. Fixtures should provide an overlapping pattern of light at a height of approximately seven feet above ground level. The Planning Commission may modify these height standards in commercial and industrial districts, based on consideration of the position and height of buildings, other structures, and trees on the site; the potential off-site impact of the lighting; the character of the proposed use; and the character of surrounding land use. In no case shall the lighting exceed the maximum building height in the district in which it is located. (D) Sign Lighting. Signs shall be illuminated in accordance with the Sign Regulations set forth in Section Section of this Code. (E) Site Plan Requirements. All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of the lighting upon adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects. (F) Lighting around Windows and Architectural Building Features. Lighting around windows and architectural building features is subject to the following requirements: (1) Static Light Only. Only static light is permitted around windows and architectural building features, and any flashing, fading, dissolving, or any other change in color or illumination level is prohibited. (2) Maintenance of Bulbs. All bulbs around windows and architectural building features must be functional. Bulbs that are nonfunctional or dysfunctional must be replaced with a bulb of the same color as, or sequence of color of, the other bulbs to maintain uniformity. (3) Standards Applicable to Architectural Outline Lighting. Tube lighting around architectural features on any existing or proposed building may be approved administratively through the Zoning Permit process of Section , provided the tube lighting does not cause glare and is not hazardous to traffic safety. In considering whether to approve the architectural lighting, the City shall consider the light s impact on traffic, neighboring properties, and the night sky in accordance with the requirements of this Ordinance. The City may require the lighting to be shielded or diffused by translucent panels, tubes, or similar methods. String lights, rope lighting, and other similar lighting with exposed or visible bulbs are prohibited on architectural features. (4) Standards Applicable to Window Tube Lighting and Rope Lighting. (a) (b) (c) (d) Permitted and Prohibited Zoning Districts. Tube lighting and rope lighting around windows are permitted in all zoning districts except the R-1, R-2, R-3, M-1, and the CBD Districts, and window string lights are prohibited except for temporary lighting permitted pursuant to (F)(5). Dimmable. Tube lighting and rope lighting around windows shall be dimmable and must meet all illumination standards of this Ordinance and other City Ordinances. If the City determines that the tube lighting or rope lighting causes glare or is hazardous to traffic safety, the City may require the lights to be dimmed or removed. Temporary lighting permitted pursuant (F)(4) is not required to be dimmable. Location. Tube lighting and rope lighting is only permitted around the outside perimeter of a window, and must be structurally secured to the perimeter of the window to prevent hanging. Any tube lighting or rope light proposed inside the perimeter of a window shall be classified as a sign and regulated in accordance with Section Section of this Code Light Color. Only the color white is permitted for all tube lighting and rope lighting around windows of a building. (5) Temporary Lighting. Temporary string lights and other lighting around windows and architectural building features are permitted not more than 90 days in a calendar year (e.g., holiday lighting, etc.). These forms of temporary lighting are subject to all illumination standards of this Ordinance. SEVERABILITY:

11 August 6, 2018 Page 11 of 13 This Ordinance and the various parts, sentences, paragraphs, sections, and clauses it contains are hereby declared to be severable. Should any part, sentence, paragraph, section or clause be adjudged unconstitutional or invalid by any court for any reason such judgment shall not affect the validity of this Ordinance in whole or in part thereof, other than the part so declared to be unconstitutional or invalid. Furthermore, should the application of any provision of this Ordinance to a particular property, building, or structure be adjudged invalid by any court of competent jurisdiction shall not affect the application of said provision to any other property, building, or structure in the City, unless otherwise stated in the judgment. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and publication according to law. Councilmembers Lynch and Squires. NAYS: Mayor Walker, Councilmembers Jacobs, Earle, McKarge, and Kerwin. Motion failed Item # Moved by Jacobs; supported by Earle : RESOLVED: To Option 2 of an Ordinance to amend the City of Garden City Zoning Ordinance. The Ordinance involves amending Section (Definitions) and (Lighting Requirements). ORDINANCE # AN ORDINANCE TO AMEND (DEFINITIONS) AND (LIGHTING REQUIREMENTS) WHEREAS, the Michigan Zoning Enabling Act, P.A. 110 of 2006, as amended, authorizes a City Council to adopt and amend zoning ordinances that regulate the public health, safety and general welfare of persons and property; and WHEREAS, the Planning Commission of Garden City held a public hearing on to consider amendments to the Zoning Ordinance of Garden City, to amend (Lighting Requirements); and WHEREAS, the Planning Commission transmitted a summary of the comments received at the public hearing and its recommendation of approval to the City Council; and WHEREAS, the City Council has determined at its meeting of that enacting said Zoning Ordinance text amendment is in the best interests of the public health, safety and welfare of the City residents: THE CITY OF GARDEN CITY HEREBY ORDAINS: That , Definitions, of the Code of the City of Garden City be amended to including the following definitions as follows: Lighting, Rope. Lighting that is primarily used as a decorative lighting fixture, featuring small light bulbs linked together and encased in a clear, flexible material to create a rope. Lighting, String. A series of lights located along a coated wire (e.g., holiday lights). Lighting, Tube. A gas-filled tubing which, when subjected to an electric current, becomes luminescent in a color characteristic of the particular gas used (e.g., neon, argon, xenon, and similar gases). The tube is commonly bent into various forms for use as decoration and/or signage. Common fluorescent light bulbs are not considered tube lighting. Rope Lighting. See Lighting, Rope. String Lighting. See Lighting, String. Tube Lighting. See Lighting, Tube.

12 August 6, 2018 Page 12 of 13 That , Lighting Requirements, of the Code of the City of Garden City be amended to read as follows: LIGHTING REQUIREMENTS. Subject to the provisions set forth herein, all parking areas, walkways, driveways, building entryways, off-street parking and loading areas, and building complexes with common areas shall be sufficiently illuminated to assure the security of property and the safety of persons using such public or common areas. All lighting must comply with Chapter 92, Section 92.03(B) of the City Code of Ordinances. (A) Permitted Lighting. Only non-glare, color-corrected lighting shall be permitted. Lighting shall be placed and shielded so as to direct the light onto the site and away from adjoining properties. The lighting source shall not be directly visible from adjoining properties. Lighting shall be shielded so that it does not cause glare for motorists (see Appendix B, Illustration 10, Lighting Requirements). (B) Intensity. In parking areas, the light intensity shall average a minimum of 1.0 footcandle, measured five feet above the surface. In pedestrian areas, the light intensity shall average a minimum of 2.0 footcandles, measured five feet above the surface. (C) Height. Except as noted below, lighting fixtures shall not exceed a height of 25 feet measured from the ground level to the centerline of the light source. Fixtures should provide an overlapping pattern of light at a height of approximately seven feet above ground level. The Planning Commission may modify these height standards in commercial and industrial districts, based on consideration of the position and height of buildings, other structures, and trees on the site; the potential off-site impact of the lighting; the character of the proposed use; and the character of surrounding land use. In no case shall the lighting exceed the maximum building height in the district in which it is located. (D) Sign Lighting. Signs shall be illuminated in accordance with the Sign Regulations set forth in Section Section of this Code. (E) Site Plan Requirements. All lighting, including ornamental lighting, shall be shown on site plans in sufficient detail to allow determination of the effects of the lighting upon adjacent properties, traffic safety, and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects. (F) Lighting around Architectural Building Features. Lighting around architectural building features is subject to the following requirements: (1) Static Light Only. Only static light is permitted around architectural building features, and any flashing, fading, dissolving, or any other change in color or illumination level is prohibited. (2) Maintenance of Bulbs. All bulbs around architectural building features must be functional. Bulbs that are nonfunctional or dysfunctional must be replaced with a bulb of the same color as, or sequence of color of, the other bulbs to maintain uniformity. (3) Standards Applicable to Architectural Outline Lighting. Tube lighting around architectural features on any existing or proposed building may be approved administratively through the Zoning Permit process of Section , provided the tube lighting does not cause glare and is not hazardous to traffic safety. In considering whether to approve the architectural lighting, the City shall consider the light s impact on traffic, neighboring properties, and the night sky in accordance with the requirements of this Ordinance. The City may require the lighting to be shielded or diffused by translucent panels, tubes, or similar methods. String lights, rope lighting, and other similar lighting with exposed or visible bulbs are prohibited on architectural features. (G) Window Tube Lighting and Rope Lighting Prohibited. Tube lighting and rope lighting is prohibited around or within the perimeter of windows unless the tube lighting is part of a conforming illuminated sign pursuant to through of this Code. Preexisting tube lighting and rope lighting around and within the perimeter of windows must meet the following requirements: (1) Static Light Only. Only static light is permitted, and any flashing, fading, dissolving, or any other change in color or illumination level is prohibited. (2) Maintenance of Bulbs. All bulbs must be functional. Bulbs that are nonfunctional or dysfunctional must be replaced with a bulb of the same color as, or sequence of color of, the other bulbs to maintain uniformity. (3) Dimmable. Lighting shall be dimmable and must meet all illumination standards of this Ordinance. (H) Temporary Lighting. Temporary string lights and other lighting around windows and architectural building features are permitted not more than 90 days in a calendar year (e.g., holiday lighting, etc.). These forms of temporary lighting are subject to all illumination standards of this Ordinance.

13 August 6, 2018 Page 13 of 13 SEVERABILITY: This Ordinance and the various parts, sentences, paragraphs, sections, and clauses it contains are hereby declared to be severable. Should any part, sentence, paragraph, section or clause be adjudged unconstitutional or invalid by any court for any reason such judgment shall not affect the validity of this Ordinance in whole or in part thereof, other than the part so declared to be unconstitutional or invalid. Furthermore, should the application of any provision of this Ordinance to a particular property, building, or structure be adjudged invalid by any court of competent jurisdiction shall not affect the application of said provision to any other property, building, or structure in the City, unless otherwise stated in the judgment. Mayor Walker, Councilmembers Jacobs, Earle, McKarge, and Kerwin. NAYS: Councilmembers Lynch and Squires.. Motion passed Mayor Walker announced it was time for public comment.. There were no public comments There being no further business before Council, the meeting was then adjourned. ALLYSON M. BETTIS City Clerk/Treasurer