AGENDA CITY COUNCIL REGULAR BUSINESS MEETING CITY OF BRIGHTON SEPTEMBER 21, :30 P.M

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1 AGENDA CITY COUNCIL REGULAR BUSINESS MEETING CITY OF BRIGHTON SEPTEMBER 21, :30 P.M. CITY HALL COUNCIL CHAMBERS 200 NORTH FIRST STREET BRIGHTON, MICHIGAN TELEPHONE: WEBSITE: Business Meeting - 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Consider Approval of the Agenda Consent Agenda Items 5. Approval of Minutes: Study Session of September 7, Approval of Minutes: Regular Meeting of September 7, Approval of the Tridge or Treat 2017 Civic Event Application 8. Appointments to Principal Shopping District Board Correspondence 9. Call to the Public 10. Staff Updates 11. Updates from Council Member Liaisons to other Boards and Commissions New Business 12. First Reading and Setting of Public Hearing for Ordinance Number 579: Amendment to Section Assurance Required of the City s Code of Ordinances 13. Consider Award of Bid for 2017 Sidewalk Maintenance to KMI Road Maintenance in the Amount of $15,176, with the Option for Additional Work to be Added, Not to Exceed $35, Consider Approval of Contract for Soft Recycling with Great Lakes Recycling, Inc. Other Business 15. Call to the Public 16. Consider Entering Closed Session to Discuss Written Attorney Client Privilege to MCL (h) 17. Consider Possible Actions Resulting from Closed Session 18. Adjournment

2 MINUTES OF THE STUDY SESSION OF THE CITY COUNCIL OF BRIGHTON HELD ON SEPTEMBER 7, 2017 AT THE BRIGHTON CITY HALL 200 N. 1ST STREET, BRIGHTON, MICHIGAN STUDY SESSION The Council conducted a Study Session at 6:30 p.m. Present were Mayor Muzzin, Mayor Pro- Tem Pipoly, and Councilmembers Bohn, Pettengill, Tobbe, Gardner and Emaus. Also present were City Manager Nate Geinzer, Attorney Brad Maynes, Chief Robert Bradford, Utilities Director Tim Krugh, DPW Director Marcel Goch, Management Assistant Jessica Lienhardt, Deputy City Clerk Kelly Haataja, Communications and Community Engagement Associate Lydia Macklin-Camel, Zoning and Code Enforcement Associate Mike Caruso, and an audience of one. CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 6:31 p.m., hearing and seeing none the Call to the Public was closed. WEBSITE REDESIGN AND UPDATE DISCUSSION Management Assistant Lienhardt spoke about municipal websites and how they stand as a central form of external communication with residents, give a first impression, and are essential to service delivery. She spoke about the importance of updating websites to ensure the City is following best practices for community engagement, communications, and ensuring redevelopment ready status. The City of Brighton s website is accessed approximately 20,000 times per month. Ms. Macklin-Camel spoke about the City s current site and presented an initial audit report which consisted of outdated information, broken links, unorganized content, and ADA compliance issues. She spoke about the site not being mobile friendly, the look and feel is outdated, and staff has limited flexibility to make changes. She advised Council of a proposal submitted from Muniweb, to help the City s website design committee with the update and redesign process. The City s website is currently run by Muniweb and updated in house by City Staff. Ms. Macklin-Camel addressed the proposed project costs and updates to its current features. Examples of proposed added features included an image gallery, employee directory,

3 contact/questions forms, action center, and available buildings and sites directory. She explained that each department will update their content, scrub old data, and replace with new, customizable, and organized content. Ms. Macklin-Camel spoke about the proposed project timeline and mentioned public engagement, such as surveys could be helpful. Council inquired about the Muniweb contract, analytics, human resource hours/costs, funding, and mentioned obtaining other bids for the project. Staff will do more research and bring the additional findings to Council for further discussion. CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 7:22 p.m., hearing and seeing none the Call to the Public was closed. ADJOURNMENT It was moved by Councilmember Tobbe and seconded by Emaus to adjourn the meeting at 7:23p.m. Motion passed 7-0 Kelly Haataja, Deputy City Clerk James Muzzin, Mayor

4 MINUTES OF THE MEETING OF THE CITY COUNCIL OF BRIGHTON HELD ON SEPTEMBER 7, 2017 AT THE BRIGHTON CITY HALL 200 N. 1ST STREET, BRIGHTON, MICHIGAN REGULAR SESSION Mayor Muzzin called the meeting to order at 7:30 p.m. Following the Pledge of Allegiance, the roll was called. Present were Mayor Muzzin, Mayor Pro-Tem Pipoly, and Councilmembers Bohn, Pettengill, Tobbe, Emaus, and Gardner. Also present were City Manager Nate Geinzer, Attorney Brad Maynes, Police Chief Rob Bradford, DPW Director Marcel Goch, Utilities Director Tim Krugh, Zoning and Code Enforcement Associate Mike Caruso, Management Assistant Jessica Lienhardt, Deputy City Clerk Kelly Haataja, and an audience of two. Tom Tolen from WHMI was also present. AGENDA APPROVAL Item 4A un-table the contract renewal with the Economic Development Council of Livingston County was added to the Consent Agenda, and items 19 and 20 were deleted from Other Business. It was moved by Councilmember Emaus, seconded by Pipoly to approve the agenda as amended. Motion passed 7-0 4A UN-TABLE CONTRACT RENEWAL WITH THE ECONOMIC DEVELOPMENT COUNCIL OF LIVINGSTON COUNTY It was moved by Councilmember Emaus, seconded by Tobbe to approve the un-tabling of the renewal of contract with the Economic Development Council of Livingston County. Motion passed 7-0 CONSENT AGENDA It was moved by Councilmember Gardner, seconded by Pipoly to approve the Consent Agenda. The following items were approved: Amended Study Session Minutes of August 17, 2017 Regular Session Minutes of August 17, 2017

5 City Council September 7, 2017 Page 2 Appointment of Jere Michaels to the Election Commission Board, and re-appointments of Lisa Nelson, John Okoniewski, and Annette Jacoby to the Principal Shopping District Board for 3-year terms Renewal of Contract with the Economic Development Council of Livingston County Acceptance of Quarterly Investment Report Motion passed Councilmember Bohn abstained due to being absent at the August 17, 2017 meeting CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 7:35 p.m., hearing and seeing none the Call to the Public was closed. CITY CUSTOMER INFORMATION AND BOARD UPDATES Chief Bradford announced that Lyft, similar to Uber, is a new service available in Brighton. A fish-eye camera was installed in the City Hall parking lot. DPW Director Goch mentioned CSX Railroad will be doing asphalt repair work at the railroad crossing on Main Street, starting September 11. This will result in the closure of Main Street in both directions for about a week. Detours have been posted and the schools have been notified. Zoning and Code Enforcement Associate Caruso mentioned that the house at 614 Flint is scheduled to be demolished the week of September 11, Management Assistant Lienhardt thanked the community for the donations to first responders for the Hurricane Harvey relief. Manager Geinzer stated that he had the pleasure of meeting with Adam Smiddy, Veteran s Service Director of Livingston County, and former Green Beret. Veterans in need of services are encouraged to call his office at Councilmember Bohn reported there was a Public Hearing at the August Planning Commission meeting for the draft Zoning Ordinance, and no comments were made from the public. Livingston County Planning Department presented an update to their Masterplan, and the DDA presented an updated Millpond band shell and amphitheater plan. Councilmember Gardner encouraged everyone to stop by City Hall to see the new art piece that was made by children at the 150 th Anniversary celebration. She thanked Charlotte Perkins from Scrappy Camps for putting the piece together, Kor Chiropractic and the Brighton Arts and Culture Commission for sponsoring it, and Mary Beane from Brighton Area Schools for bringing the idea to the committee.

6 City Council September 7, 2017 Page 3 Councilmember Pettengill mentioned the Imagination Station will be closed September 23 and September 24 for bi-annual resealing of the park, beginning at 9 a.m. Volunteers are needed and there is a rain-out day scheduled for October 14 if needed. Mayor Muzzin stated that he and Ms. Lienhardt met with Mary from the Livingston County Convention & Visitors Bureau and invited her to come speak at a future work session to provide more information. There was also a meeting with Mike Sullivan from Bill Schuette s office. Mr. Sullivan presented a certificate for Brighton s 150 th Anniversary as a City. FIRST READING AND SETTING OF PUBLIC HEARING FOR AMENDMENT TO CHAPTER 98 ZONING OF THE CITY S CODE OF ORDINANCES Zoning and Code Enforcement Associate Caruso spoke about Staff working with Giffels Webster and the Planning Commission over the last year to update the City s Zoning Ordinance. The updates will improve the development processes, will reflect changes in federal and state policy, and will be a more user friendly document. Staff recommended City Council set a public hearing regarding the proposed amendments and reformatting. It was moved by Councilmember Emaus, seconded by Gardner to set a public hearing date of October 5, 2017 to field public comments regarding the proposed amendments and reformatting to Chapter 98 of the City s Code of Ordinances. Motion passed 7-0 TETRA TECH PROPOSAL FOR SERVICES Utilities Director Krugh spoke about pump station #7 reaching its useful life and needing upgrades. Intense studies have been done to determine current and future flow and discharge to the station. The service area flow for the pump station will significantly increase with the addition of U of M Health Center, Candlewood Suites, and Holiday Inn Express. Krugh spoke about the recommended rehabilitation improvements and a project schedule. The additional pump will improve flow consistency, will be more energy efficient, and will have the ability to handle growth. Tetra Tech s proposal for engineering services for the project is up to $33,000 and the funds have been allocated in the 2017/2018 CIP. It was moved by Councilmember Bohn, seconded by Pipoly for the approval of Tetra Tech s proposal for design and bidding services in the amount of up to $33,000 for the Orndorf Drive Pump Station #7 rehabilitation. Motion passed 7-0 OVERFLOW PARKING IN THE CSX WEST PUBLIC PARKING LOT Manager Geinzer spoke about a Special Land Use Permit for an overflow parking lot on CSX Transportation property, approved by Council in 2015, which the City s DDA leases for the use of public parking. The lot has

7 City Council September 7, 2017 Page 4 approximately fifty spaces. Conditions of the permit are that City Council will determine the yearly usage time and that a maintenance agreement be signed by the City and DDA prior to the use of the lot. The parking lot overflow ordinance states overflow lots should only be used for the portion of the year where overflow parking is determined to be needed by City Council. Currently a portion of the Excelda lot is being used as a staging area for the redevelopment at 317 W. Main St., limiting parking. Staff suggested for Council to set a period of time in which the overflow parking lot is open for use on a yearly basis and to allow Staff to give direction to keep the lot open during construction and times when parking is significantly impacted. Council and Staff discussed snow removal and storage at the lot, short term parking needs, cost analysis, and the surrounding neighborhood. Compliance with the City s ordinance and the Special Land Use permit was also discussed. It was moved by Councilmember Tobbe, seconded by Emaus to approve the opening of the overflow parking lot from May 1 thru September 30 pending further legal review. Motion passed 7-0 SAINT PAUL STREET RIGHT OF WAY Mr. Caruso spoke about Staff s review of the City owned right-of-way at Saint Paul St. and School Street, which was originally intended to be used as an extension between the two streets. Staff has determined the topography, traffic flow, and projected cost doesn t support the extension. Staff is recommending vacating the property and transferring the right-of-way to the adjacent lot owners. Tetra Tech will provide an engineering report, generate new legal descriptions, and do a site field inspection for an amount of up to $3,000. Council and Staff discussed obtaining more information regarding the buildability of the property, uncapping of taxes, and potential access issues. It was moved by Councilmember Emaus, seconded by Gardner to authorize staff to move forward with the process of vacating the right-of-way at Saint Paul St. and School St. Motion passed 7-0 CITY COUNCIL RETREAT Manager Geinzer discussed scheduling the annual City Council Retreat for a weekend in December, or perhaps schedule a few evening work sessions during the week. It was moved by Councilmember Bohn, seconded by Pettengill to set December 9 and 10 for the annual Fall Retreat.

8 City Council September 7, 2017 Page 5 Motion passed 7-0 CALL TO THE PUBLIC Mayor Muzzin opened the Call to the Public at 8:39 p.m., hearing and seeing none the Call to the Public was closed. ADJOURNMENT It was moved by Councilmember Tobbe, seconded by Emaus to adjourn the meeting at 8:39 p.m. Motion passed 7-0 Kelly Haataja, Deputy City Clerk James Muzzin, Mayor

9 CITY OF BRIGHTON REPORT FROM THE CITY MANAGER TO CITY COUNCIL September 21, 2017 SUBJECT: APPROVAL OF THE TRIDGE OR TREAT 2017 CIVIC EVENT APPLICATION ADMINISTRATIVE SUMMARY Brighton Community Education would like to hold a Tridge or Treat event on Tuesday, October 31, They will be following the same format that this event has done in the past when it was sponsored by SELCRA. The only assistance they need from the City is use of the Council Chambers during the event so their volunteers to change costumes. RECOMMENDATION The Civic Event Committee is recommending approval of the Tridge or Treat 2017 Civic Event Application Prepared by: Approved by: Patty Thomas, Asst. to the DPW Director Nate Geinzer, City Manager Attachment: Application

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20 CITY OF BRIGHTON September 21, 2017 SUBJECT: APPOINTMENT OF BOARD MEMBERS TO THE PRINCIPAL SHOPPING DISTRICT BOARD ADMINISTRATIVE SUMMARY The Principal Shopping District (PSD) Board currently has two vacancies created by a resignation and expired term. On August 10, 2017, staff put out a call for letters of interest to join the PSD Board. Staff received five (5) letters of interest. At the September 12, 2017 PSD Board Meeting, the Board recommended the appointment of Matt Becker and Robert Lulgjuraj. Matt Becker is the owner of Brewery Becker and has participated in downtown events such as A Taste of Brighton, Holiday Glow, and Tridge or Treat. Robert Lulgjuraj is the owner of Ciao Amici. Both qualify to be on the PSD Board as representatives of businesses within the special assessment district. RECOMMENDATION Mayor Muzzin has reviewed and concurrs with the PSD Board recommendation to appoint Matt Becker and Robert Lulgjuraj to 3-year terms to end on September 21, Prepared by: Approved by: Jessica Reed, Management Assistant Nate Geinzer, City Manager

21 CITY OF BRIGHTON REPORT FROM THE CITY MANAGER TO CITY COUNCIL September 21, 2017 SUBJECT: FIRST READING AND SETTING OF PUBLIC HEARING FOR ORDINANCE NUMBER 579: AMENDMENT TO SECTION OF THE CITY S CODE OF ORDINANCES ADMINISTRATIVE SUMMARY This discussion topic was originally presented to City Council at the August 3, 2017 City Council meeting. Revisions to the recommendation have been made which address comments and concerns made by City Council. This ordinance describes the process required by developers/contractors for the submittal of assurance to the City for all non-building site improvements. These types are listed in Section (a). The ordinance allows for two options developers/contractors can use to fulfill this requirement and are as follows: o An irrevocable bank letter of credit in the amount equivalent to the estimated improvements. o A cash deposit equivalent to the estimated improvements, but shall not exceed $100,000. The ordinance has not been amended since 1990 and the maximum cap of $100,000 included in the cash deposit option is well below today s standards in regards to the cost of non-building site improvements. The estimates currently being received are much higher than the $100,000 maximum cap for a cash deposits. (See attached document) Through considerable research, this language is in line with best practices and helps protect the City from liability initiated when developers/contractors fail to complete a project in a manner consistent with the approved site plan or building plans. The City Attorney has reviewed the proposed language and concurs with the attached ordinance amendment recommendation. RECOMMENDATION It is recommended that City Council set a public hearing date of October 19, 2017 to field public comments regarding the proposed amendments to Chapter 82 of the City s Code of Ordinances as provided. Prepared by: Approved by: Michael Caruso, Zoning and Code Enforcement Associate Nate Geinzer, City Manager Attachments: 1. Proposed Ordinance Amendment

22 Sec Assurance required. DRAFT OF Formatted: Font: Bold Formatted: Centered (a) At the time a building permit is issued for the construction of a project approved in accordance with this article, the site developer shall provide the city with an irrevocable bank letter of credit drawable by the city, or a cash deposit to be placed in an interest bearing escrow account at a bank of the city s choice, in an amount equivalent to 100 percent of the related site improvements, to ensure construction of nonbuilding related site improvements as indicated on the approved site plan. For the purpose of this section, the term nonbuilding related improvements shall include public and private: sidewalks, curbs and gutters, landscaping, stormwater management facilities, parking lots, parking lot markings, parking lot lighting, potable water service lines, sanitary sewer service lines, solid waste disposal facilities, fences and site signs. The value of nonbuilding related site improvements shall be based on an estimate provided by the site developer and accepted by the city manager or his designee. If the estimate is not acceptable to the city manager or his designee, the city shall prepare an estimate which shall be final. (b) If the site developer fails to construct his project in a fashion consistent with the approved site plan, as determined by the city manager or his designee, the city may invoke the remedies provided by retaining the cash deposit and all accumulated interest, or draw upon the irrevocable bank letter of credit to complete the outstanding site improvements. (c) The city manager may allow a rebate of any cash deposits or reduction in the amount of the irrevocable letter of credit, in a reasonable proportion to the ratio of work completed on the required site improvements, which shall not exceed eighty percent (80%) of the estimated value of the work completed at the time of rebate, to be determined in the discretion of the City Engineer. A limit of two rebates will be allowed during the construction period of a development. At the completion of all required site improvements, determined in the sole discretion of the City Manager or his designee, the remaining cash deposits with the City shall be returned or the balance of the irrevocable letter of credit discharged. (d) If the project is constructed in compliance with the approved plans, and a certificate of occupancy has been issued, either the letter of credit will be cancelled by the city or the cash deposit and accumulated interest shall be returned to the site developer. (e) If the site developer or occupant of a project approved in accordance with this article desires to occupy a building site prior to the completion of all of the site improvements, and such occupancy does not pose a threat to the health, safety or welfare of the occupants as determined by the city manager or his designee, temporary occupancy may be permitted provided that the letter of credit or cash deposit required in subsection (a) of this section is adequate in the determination of the city manager or his designee to give the city sufficient assurance that the outstanding improvements will be completed. The developer will not be required to supply an additional letter of credit or cash deposit as long as the city manager or designee has determined that previous assurance is adequate to cover all expenses associated with the cost to complete the nonbuilding related site improvements including, but not limited to; labor, materials, overhead and administration. This consideration is provided under the proviso that all site improvements are to be completed within 90 days of the approved temporary occupancy. (f) The city council may by majority vote waive the bond/deposit required under subsection (a) of this section for not-for-profit or other organizations where compliance would pose a hardship. Deleted: (1) If an irrevocable bank letter of credit is provided, the value shall be equivalent to 100 percent of the nonbuilding related site improvements. (2) If a cash deposit is provided it shall equal 100 percent of the cost of nonbuilding related improvements for the approved project, but shall not exceed $100, Deleted: shall establish procedures under which Deleted: will be made as work progresses.

23 DRAFT OF (g) The city may invoke all other remedies available to it by law in addition to those remedies set forth in this section. Formatted: Centered Formatted: Font: Bold

24 CITY OF BRIGHTON REPORT FROM THE CITY MANAGER TO CITY COUNCIL September 21, 2017 SUBJECT: AWARD OF BID: 2017 SIDEWALK MAINTENANCE ADMINISTRATIVE SUMMARY Staff prepared and let a Request for Bids We received six proposals (see bid results below) The lowest qualified bid was from KMI Road Maintenance in Burton, MI at a total cost of $15, The DPW Director contacted all four references received in the bid and all were very satisfied with the sidewalk work performed by KMI Road Construction in their area. There is a total of $35,000 available in the major and local street funds combined for sidewalk maintenance. Because of the low amount of the bid received and the remaining funding available, staff would like to be able to add additional locations to the original bid in order to make as many repairs as possible to the City s sidewalk system. Staff anticipates this work to be completed prior to the start of the winter season. RECOMMENDATION Award of Bid for the 2017 Sidewalk Maintenance to KMI Road Maintenance in the amount of $15,176, with the option for additional work to be added, not to exceed $35,000. Prepared by: Reviewed by: Approved by: Patty Thomas, Asst. to the DPW Director Marcel Goch, DPW Director Nate Geinzer, City Manager 2017 Sidewalk Maintenance Bid Analysis No. BIDDER AMOUNT Restore Tree Sidewalk Maintenance Grate Removals TOTAL 1 Audia Construction; Milford, MI $33, $1, $35, McCarthy Construction; Comm Twp, MI $31, $0.00 $31, Concrete Construction; Howell, MI $19, $1, $20, Mattioli Cement Co; Fenton, MI $26, $3, $29, KMI Road Maintenance; Burton, MI $14, $ $15, Lacaria Construction, Detroit, MI $27, $2, $30,362.50