PONTIAC CITY COUNCIL AGENDA REVIEW BUDGET STUDY … · 2018-07-02 · PONTIAC CITY COUNCIL AGENDA REVIEW BUDGET STUDY SESSION CONTINUED June 2, 2016 . 6:00 p.m. 133 rd Session of

PONTIAC CITY COUNCIL AGENDA REVIEW

BUDGET STUDY SESSION CONTINUED June 2, 2016

6:00 p.m. 133rd Session of the 9th Council

It is this Council’s mission “To serve the citizens of Pontiac by committing to help provide an enhanced quality of life for

its residents, fostering the vision of a family-friendly community that is a great place to live, work and play.”

Call to order

Moment of Silence or Invocation

Pledge of Allegiance

Roll Call

Authorization for excused absences for councilmembers

Amendments to and approval of the agenda

Approval of Minutes

1. May 26, 2016

Closed Session

2. Resolution to go into Closed Session.

3. CPREA vs. City of Pontiac & Tsehay Mosagzi vs. City of Pontiac.

Public Hearing

4. Public Hearing for the release of conditional right of reverter parcel 14-31-233-047 15 E. Iroquois.

i. Resolution regarding the release of the reverter parcel 14-31-233-047 15 E. Iroquois.

ii. Schedule Public Hearing for the Proposed Budget 2016-2017 Fiscal Year and the City Tax Rate for June 9, 2016 Public Comment

Discussion, public hearing on Proposed Budget 2016-2017 Fiscal Year and the City Tax Rate.

AGENDA ITEMS

Agreements/Contracts

5. Report received from the Deputy Mayor regarding Paddock Street Reconstruction and Water Main Replacement. (TIME SENSITIVE) 6. Report received from the Deputy Mayor regarding Contract Renewal with Oakland County Assessing.

(TIME SENSTIVE)

Applications

7. Report received from the Deputy Mayor regarding 121 Branch Street Tennis Dome Right-of-way Vacation Application/Hess Street.

Zoning

8. Report received from the Deputy Mayor regarding 13 and 17 Osceola Rezoning Recommendation from Planning Commission.

9. Report received from the Deputy Mayor regarding 300 W. Huron Street (former central high school) building and site Rezoning Recommendation from Planning Commission.

10. Report received from the Deputy Mayor regarding 431 and 425 N. Perry Rezoning Recommendation from Planning Commission.

Adjournment

May26, 2016

Official Proceedings Pontiac City Council

132nd Session of the Ninth Council

A Regular Meeting of the City Council of Pontiac, Michigan was called to order in City Hall, Thursday, May 26, 2016 at 6:00p.m. by President Patrice Waterman. u

Moment of Silence

Invocation- Mark Holland

Roll Call

Members Present: Carter, Holland, Pietila, Taylor-Burks, Waterman Williams and Woodward. Mayor Waterman was present. Deputy Mayor Jane Bais-Disessa was present. Clerk announced a quorum.

16-129 Approval of the Agenda. Move by Councilperson Pietila and supported by Councilperson Woodward.

Ayes: Carter, Holland, Pietila, Taylor-Burks, Waterman, Williams and Woodward No: None Motion Carried.

16-130 Journal of May 19, 2016. Moved by Councilperson Taylor-Burks and supported by Councilperson Pietila.

Ayes: Carter, Holland, Pietila, Taylor-Burks, Waterman and Woodward No: None Motion Carried. Councilman Kermit Williams was absent during the vote.

There were 9 individuals who addressed the body during public comment.

Discussion. The City Council, The Mayor, The Deputy Mayor engaged in discussion concerning the proposed Budgets for 2016-2017 Fiscal Year and for the 2017-2018 Fiscal year. The Finance Director presented further detail for the Proposed Budgets of2016-2017 and 2017-2018 Fiscal Year.

16-131 Resolution to schedule public hearing for the City of Pontiac's Proposed Annual Budget for Fiscal Year 2016-207 and City Tax Rate. Moved by Councilperson Woodward and supported by Councilperson Taylor-Burks.

1

May26, 2016

Whereas, pursuant to MCL 141.412 and 141.413, the City of Pontiac is required to publish a public hearing notice for the City's Proposed Annual Budget for FY 2016-2017 and City Tax Rate; Now Therefore, Be It Resolved that the City Council sets Thursday, June 2, 2016 at 6:00PM during the regular City Council meeting as the date, time and place to hold a public hearing for the City's Proposed Annual Budget for FY 2016-2017 and the City's Tax Rate to support the Proposed Annual Budget for FY 2016-2017.

Ayes: Carter, Holland; Pietila, Taylor-Burks, Waterman, Williams and Woodward No: None Resolution Passed.

President Patrice Waterman adjourned the meeting at 7:35p.m.

SHEILA R. GRANDISON DEPUTY CITY CLERK

2

I

City of Pontiac

Pontiac City Council

Whereas, the City's attorney has presented The City a letter concerning the status of the cases of CPREA

vs. The City of Pontiac and Tsehay Mosagzi vs. The City of Pontiac; and

Whereas, Section 8 (eL MCL 15.268, permits a public body "[to] consult with its attorney regarding trial

or settlement strategy in connection with specific pending litigation, but only if an open meeting would

have detrimental financial effect on the litigation or settlement position of the public body": and,

Whereas, the Pontiac City Council believes that an open meeting would have a detrimental financial

effect on the litigating or settlement position of the City:

Therefore, Be It Resolved that the Pontiac City Council recesses into closed session for the purpose of

consulting with its attorney regarding settlement strategy in the cases of CPREA vs. The City of Pontiac

and Tsehay Mosagzi vs. The City of Pontiac.

I

DEPARTMENT OF COMMUNITY DEVELOPMENT

MEMORANDUM

TO: Honorable Mayor and City Council

FR: Garland ~oyle ::~'-. Deputy Drrector, Commumty Development Department

THRU: Jane Bais DiSessa Deputy Mayor

DA: June 1, 2016

RE: Release of Conditional Right of Reverter

On May 20, 2016, I was contacted by Bill McKeever, Interstate Title, Inc. requesting that the City release the conditional right of reverter on 15 E. Iroquois Parcel14-31-233-047.

The City sold Ms. Burnerdean Lampton the parcel for Sixteen Thousand and 00/100 ($16,000.00) Dollars with a reverter clause on March 26, 2002. Per the Quit Claim Deed, Ms. Lampton needed to build a residential dwelling on the parcel within two years and obtain a certificate of occupancy. If Ms. Lampton complied with this condition, then the right of reverter would automatically expire. Ms. Lampton obtained a certificate of occupancy for her new home on December 17, 2004. She needed to have obtained the certificate by March 26, 2004 in order for the right of reverter to automatically be removed.

Based on the recommendation of our legal counsel Travis Mihelick, Esq., City Council needs to approve the release ofthe right of reverter since Ms. Lampton exceed the two year timeframe to obtain the certificate. ·

I have enclosed the resolution for the release of the conditional right of reverter that needs approval of the City Council, certificate of occupancy dated December 17, 2004 and the quit claim deed dated March 26, 2002.

In accordance with Chapter 3.1113 of the City Charter, we are requesting that your Honorable Body hold a public hearing and subsequent vote on the release of the conditional right of reverter.

Resolved, that the Pontiac City Council schedules a public hearing on the release of the conditional right of reverter on 15 E. Iroquois Parcell4-31-233-047 on June 2, 2016.

47450 WOODWARD AVE., PONTIAC, MICHIGAN 48342 • (248) 758-3030 • Fax (248) 758-3292

DEPARTMENT OF COMMUNITY DEVELOPMENT

June I, 2016

Honorable City Council:

RE: Release of Conditional Right ofReverter Parcel14-31-233-047 15 E. Iroquois

WHEREAS, the CITY OF PONTIAC, a Michigan municipal corporation (the "City"), conveyed to Burnerdean Lampton, a single woman whose address is 19 E. Iroquois, Pontiac, MI 48341 ("Owner'') that certain parcel of land in the City of Pontiac, County of Oakland, State of Michigan commonly known as vacant land on Orchard Lake Property Identification no: 14-31-233-047 ("the Premises") and as more particularly described in that cmtain Quitclaim Deed recorded on April 9, 2002, in Liber 25317 at page 899 of the Oakland County Register of Deeds legally described as :

A parcel ofland situated in the Northeast Y4 ofSection31, T3N, RlOE, within the City of Pontiac, Oakland County, Michigan more particularly described as:

Lots 6, 7 and 8 located in Robert's Subdivision of Outlot "A" of Seminole Hills Addition to the City of Pontiac, as recorded in Liber 28, Page 11, Oakland County Records, Oakland County

Michigan. EXCEPT beginning at the Southwest corner of said Lot 6, Thence N.31. 48" 43 'W., 10.30 feet; Thence along a curve to the left having a Radius of2,759.50 feet, Chord Bearing N.52" 55' 50"E, and Length of28.41 feet, a distance of28.41 feet.; Thence N.52" 44'52"E, 111.88 feet; Thence N.10" 28'04"E., 14.80 feet; Thence S.31 • 48' 43"E., 34.45 feet; Thence

8.28" 11' 17' W., 149.63 feet to the Point of Beginning

WHEREAS, the premises were conveyed "SPECIFICALLY SUBJECT TO A CONDITIONAL RIGHT OF REVERTER, such that if the Grantee fail to obtain the issuance of either a temporary or permanent certificate of occupancy for a residential dwelling built on the property within two (2) years after the date of this deed, Grantor shall have the right to exercise this right of reverter at any time prior to issuance of a temporary or permanent certificate of occupancy for the property," and

WHEREAS, grantee obtain a certificate of occupancy on December 17, 2004 for a single family dwelling commonly known as 15 E. Iroquois, as evidenced by certificate of occupancy of the City of Pontiac Building Official attached herto as Exhibit A.

NOW, THEREFORE, the Pontiac City Council herby forever releases the above-said Conditional Right of Reverter granted to the City in the Deed from the Premises and authorizes the Deputy Mayor and Clerk to execute the release.

47450 WOODWARD AVE., PONTIAC, MICHIGAN 48342 • (248) 758-3030 • Fax (248) 758-3292

RELEASE OF CONDITIONAL RIGHT OF REVERTER

WHEREAS, the CITY OF PONTIAC, a Michigan municipal corporation (the "City"), conveyed to Burnerdean Lampton, a single woman whose address is 19 E. Iroquois, Pontiac, M148341 ("Owner") that certain parcel ofland in the City ofPontiac, County of Oakland, State of Michigan commonly known as vacant land on Orchard Lake Property Identification no: 14-31-233-04 7 ("the Premises") and as more particularly described in that certain Quitclaim Deed recorded on April9, 2002, in Liber 25317 at page 899 of the Oakland County Register of Deeds legally described as :

A parcel ofland situated in the Northeast \14 of Section 31, TIN, RlOE, within the City of Pontiac, Oakland County, Michigan more particularly described as:

Lots 6, 7 and 8located in Robert's Subdivision of Outlot "A" of Seminole Hills Addition to the City of Pontiac, as recorded in Liber 28, Page 11, Oakland County Records, Oakland County Michigan. EXCEPT beginning at the Southwest corner of said Lot 6, Thence N.31" 48" 43'W., 10.30 feet; Thence along a curve to the left having a

Radius of2,759.50 feet, Chord Bearing N.52" 55' 50"E, and Length of28.41 feet, a distance of28.41 feet.; Thence N.52• 44'52"E, 111.88 feet; Thence N.to· 28'04"E., 14.80 feet; Thence S.31 • 48' 43"E., 34.45 feet; Thence S.28'

11' 17' W., 149.63 feet to the Point of Beginning

WHEREAS, the premises were conveyed "SPECIFICALLY SUBJECT TO A CONDITIONAL RIGHT OF REVERTER, such that if the Grantee fail to obtain the issuance of either a temporary or permanent certificate of occupancy for a residential dwelling built on the property within two (2) years after the date of this deed, Grantor shall have the right to exercise this right of reverter at any time prior to issuance of a temporary or permanent certificate of occupancy for the property," and

WHEREAS, grantee obtain a certificate of occupancy on December 17, 2004 for a single family dwelling commonly known as 15 E. Iroquois, as evidenced by certificate of occupancy of the City of Pontiac Building Official attached herto as Exhibit A.

NOW, THEREFORE, the City herby forever releases the above-said Conditional Right of Reverter granted to the City in the Deed from the Premises.

IN WITNESS WHEREOF, the City has caused this instrument to be executed by its duly authorized representative as ofthe _day of June, 2016.

In the Presence of: CITY OF PONTIAC

By:. __ ~--~~~-------Jane Bais DiSessa Deputy Mayor

By:_---:---::-:--:----:-:---Sherikia Hawkins City Clerk

State of Michigan) ss.

County of Oakland)

On this ___ day of 2016, before me, a Notary Public in and for said county, personally appeared Jane Bais DiSessa, Deputy Mayor and Sherikia Hawkins, City Clerk of said city of Pontiac, known to me to be the person who executed the above release of conditional right of reverter on behalf of said City off Pontiac, and who aclmowledged the same to be her free act and deed as such person.

My Commission Expires: ____ _

Drafted by Garland Doyle City of Pontiac

Notary Public, Oakland County, MI

Community Development Department 47450 Woodward Avenue Pontiac, Michigan 48342

When recorded return to above Draftor.

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OAI<LAND,MI

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!.)!lff CLAIM D§ED

KNOW ALL MEN BY THESE PRESENTS: That the City of Pontiac, the address ofwbich is 47450 Woodward Avenue, Pontiac, Michigan 48342

Quil Claims to Burner<koln ~on of 191l. Iroquois, Pontiac, MI 48341

Tite !Olio wing described premlscs situated In the City ofPOIJiillc, Co1JIIty of Oakland and State ofMk:,lrlgan. to wit:

See Altlclied lW!Iblt u A~

Togethor witb all and siugular the wnemen~s, bm:dilaments illld appurtenances ~o belona!ll& or man~ appertaining thereto and subject 1o easemen1s and building and 1lllC> rnstrl«ions of record fbr 1bc sum of ~eo Thousancl and 00/100 (SI6 000.00) !l.rllan, Thiscoovc~ is subjmto atondltional rislUofrtV~q-~dJis bmby reserved by the ~as follow.: Should the Grantee fan to obtaln tba lssuance Of ejll!e:r a: 1ellljiOmy or p<:mliiiiCnt «rtificotc of OCCilJl'lll"Y fur a teaidenlial dwelling built on 1bl property wilhln tWiS (2) yean after lbe da~ ofdli.sdeed, Grantor sbaU havetbe Jightto~isotbisrightofmertentanyrimc prior to issuance Dfa lillllponUy or pcnnancnt certificate of occupancy for tho property, If the foregoing conditioJi ~~ b: lllll COO!jllle4 wilh in a timely fashion, unless due 10 1bc acts or omlulons oflhe Onmtor or iu agents or eq>loyees, this right ofrtVerter way be mm:iscd by Grantor by detivcrillg to Grantee and any 100rtga~ oftbe G!antec, penooaiJ)o or by certilltd mail ntnm r=ipt requested, written notice of tho exereise of this right of revert« ;md reo:ordiug or an 'llflidsyll of non fullillmolll oflbe foregoing condition wilb the Oakland County Reglskr ofDee<b. 1k rorCgollls. , . ootwltbsllltlding, Gnm~~>r's right of reveller sballautomaticaUy Cllpire upoo. the lint1<1 e>m~rof(l) tbe lssu;lnco ot· either a te~ or pennanent «JtifJCate of occupancy for the subject premises Wilbbi tWo (2).yem after tbe .daki of this deed, which shall be conllnned by the n>conling ofauffidavlt offulfillmcnt with a copy oftl!o lmllp018JY or . pmnancnt certifica~e of <X:c:upancy a11ached as an Wl!'blt wilh the Oakland Counay Rtgl$fer of Deeds. or (II) a &ale in foredORm: or dclivay oh deed in lieu offoreciOILR of any mortgage 10 wbich this ript of~ ~y be · subordinated by Grantor; provided, iflhe property ismleemed CrootanySilcll fom:losure sale ll.lld this right of · reverter would wt olberwise have been extlngui$bcd, this rl.\lbl of reverter shall be ~ed. Shonkt ownmhlp.oftbe real property revert to the City ofPonliac no portion of the C<lnsideration of Sl6,000.00.shall be rel'lutde!J1o llumerdean Lampton. ·

Dated this ~dayof M~ ,2002

Signed In the presen'e of: Signed by:

Ji¥p/Ja.tui.. 1:1 !<'\I Jli 4/ fl{_,_

U::Y¥ Diane E. York .

4 •• City of Poll!iac ,,

I ~· . ~ Br. Jf~tJu liv

Willie ,Payrla . Its: Mayor · O.K ... ·L(~

STATEOFMICHIOAN ) )

COUNTY OF OAKLAND)

Theforgolnginstru~nentwasiK:IcnowledgedbefOremo1hil.i~dayof 1'4ancb ,2002byW~~.l'ayne. Mayor of tbe City ofPonthlc, a Michigan municipal coipOration, oo bebal! oftbe rorpomtloo. · . .. .

Dra1iEd by: Marl< 1. Holl': Deputy City AIIOIDI'y 47450 Woodward Avenue Pontiac, MI 48342 (248) 8~7-7629

When m:orded Retmn To: Orantee

Jh. ri;Jo1up ~ · ¥t.iJJ4$.R):_ . . .. ~~e. St.em~·-

NolizyPii61lc, Oakland Coon):y,Mkhfgsn. · My Commission I!Jcplres: 0,/24/U>o.g

SeUd Subfequent Tax BIDs To: 0rsntee

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Page 1 of2 Printed on 4/27/2016 2:58:50 PM

Document: DD QC 25317.899

EXHIBIT "A"

Lots 6, 7 and 8 located in Robert's Subdivision of Outlot "A~: .... of Seminole Hills Addition to tire "City of Pontiac, as recorded in Liber 28,Page 11, Oakland County Records, Oakland County Michigan. EXCEPT beginning at the Southwest corner of said Lot 6, Thence N.31°48"43'W.,l0.30 feet; Thence along a curve to the left having a Radius of 2,759.50 feet, Chord Bearing N.52°55'50"E.,and Length of 28.41 feet, a .distance of 28.41 feet.; Thence N.52°44'52"E., 111.88 feet; Thence N.l0°28'04"E., 14.80 feet; Thence S.31°48'43"E., 34.45 feet; Thence S.28°1l '17"W., 149.63 feet to the Point of

Beginning. 2 ~ 0 / J

CITY OF PONTIAC OFFICIAL MEMORANDUM

TO: Pontiac City Council I Transition Advisory Board

-J:: r--.:> ,.-, = "~_,. FROM: John V. Balint, City Engineer ~- C7"'> -l ::r;: :;;o· :;:no

-< c-'~t w

THROUGH: Jane Bais DiSessa, Deputy Mayor

c DATE: May 17,2016 ~-~-'f

.... <" -o ::ll:

r.J ~ r-.. RE: Paddock Street Reconstruction and Water Main Replacement sg 0

~.,- en The Engineering Division has prepared and advertised a request for proposals for the Paddock Street Reconstruction and Water Main Replacement project. Proposals were accepted on May 13 at 2:00 PM in the office of the City Clerk and publically op~ned at that time. Funding of this project is allocated in the FY 2015-16 Adopted Budget-Capital Improvements fund. Additionally, the Oakland County Water Resources Commissioners Office will be funding (approximately $600,000) the water main construction portion of the project.

The respondents to the RFP were: • Angelo Iafrate Construction Company • V.I.L Construction, Inc. • F.D.M. Contracting, Inc. • Pamar Enterprises, Inc. • Pavex Corporation

The bids were tabulated and checked. Based on the review, the individual tabulations are below. The low bidder is Angelo Iafrate Construction Company. The tabulations are identified below:

Bidders Bid Amount Difference

·~~~,~~[§J~rMfi:;'"1~:~~2L:zi:~I;,?~]&!fi4~I~),idd~;,··l V.I.L. CONSTRUCTION $2,095,328.34 $344,714.20

F.D.M CONTRACTING $2,072,641.00 $322,026.86

PAMAR ENTERPRISES $1,775,465.75 $24,851.61

PAVEX CORPORATION $1,978,679.34 $228,065.20

Due to the complexity of this project, and the need for submission to the Transition Advisory Board Approval, this item must be presented for consideration to the City Council at the May 19th, 2016 City Council meeting. ·

;::iJ Ill 0 'll ~< fll 0

It is the recommendation of the Department of Public Works that the City accept the bid by Angelo Iafrate Construction Company and authorize the Mayor to sign a contract for the Paddock Reconstruction and Water Main Replacement Contract. The bid amount is within budget constraints.

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

NOW, THEREFORE, BE IT RESOLVED,

JVB

Attachments

The City of Pontiac has advertised and received responses to a request for proposal for the Paddock Reconstruction Project on May 13, 2016 and publically opened bids, and;

a bid tabulation was prepared and reviewed, and;

the City identified the low bidder as Angelo Iafrate Construction Company, and;

the low bid provided by Angelo Iafrate Construction Company of $1,750,614.14 has been found acceptable by the Engineering Division

The Pontiac City Council authorized the Mayor to enter into a contract with Angelo Iafrate Construction Company for a cost of $1,750,614.14 for the reconstruction and water main replacement on Paddock Street from Auburn Road to Osmun Road.

DUM City of Pontiac

Finance Director · Nevrus P. Nazarko, CPA

4 7450 Woodward A venue Pontiac, Michigan 48342

Phone: 248.75~L3.118 · Fax: 248.758.3197

DATE: June-1, 2016

TO: Honorable Mayor and City Council

FROM: Nevrus P. Nazarko, CPA Finance Director

THROUGH: Jane Bais DiSessa-Deputy Mayor

SUBJECT: Contract Renewal with OakJand County Assessing

Attached to this memo is the full contract with Oakland County Equalization (through Oakland County Board of Commissioners) to provide assessing services to the Cify of Pontiac for the period 07/01/2016 to 06/30/2019. We have been contracting with Oakland County Equalization since tax year 1995. This is a three year renewal that extends this contract until June 30, 2019. Here are some items of interest pertaining to the renewal:

1- The contract calls for a 3% increase on the cost per parcel on the real and personal property parcels. However, due to the fact that the personal property parcels are declining in number as the result of the new state law exempting the ones with less than $80,000 assessed value, I expect the overall cost to be close to the previous contract.

2- During the last 3 years that I have been involved with working with Oakland county assessing services, their services and response has improved and we have had no major issues. They have performed well during the board of review time as well being prepared for the various appeal cases before the board and working well with our BOR members.

3- The contract has a clause thcit we can cancel the contract with a 90 day notice. In other words, if are dissatisfied with the services or for any other reason we can cancel it.

Based on the points above, I recommend the approval of the attached contract. ' ·

Whereas the City of Pontiac has contracted with Oakland County to provide assessing services for the City for at least9 years and,

Whereas, the current contract expires on June 30, 2016 GRd, .

Now therefore, the City Council of the City of Pontiac approves the contract renewal with Oakland County Equalization Division for three years from July .1, 2016 to June 30, 2019 based on the terms and conditions contained in the attached draft contract sent to us on March 21, 20 16 and authorizes the Mayor to sign the final contract.

Please let me know if you have additional questions or need further information.

Nevrus P. Nazarko Finance Director

March21, 2016

Nevrus Nazarko, Finance Director Sherikia Hawkins, Clerk City of Pontiac 47450 Woodward Ave. Pontiac, MI 48342

OAKLAND COUNTY EXECUTIVE L BROOKS PATTERSON

Equalization Division (248) 858-0740 1 [email protected]

RE: Renewal of Contract for Assessing Services with the City of Pontiac

Dear Mr. Nazarko and Ms. Hawkins:

The existing asse?sing contract between Oakland County Equalization and the City of Pontiac will expire on June 30, 2016. In anticipation of a renewal of the contract, we have prepared four copies for your review and consideration by your City Officials. In preparing the renewal document, our office has reproduced the provisions of the existing coniract except for the following provision: The cost per parcel has been adjusted by a 3% increase. If you recall, the existing cost per parcel has remained fixed for the last 3 renewals or a total of at least 8 years now.

In summary, fue cost per parcel to the City will go up from $14.90 to $15.30 (rounded) for each real property parcel. Personal property parcel rate will increase from $13.30 to $13.70 (rounded). These rates will be effective for the period July 1, 2016 to June 30,2019. When the attached renewal contract is approved by your Governing Body and the authorized officials have affixed their signatures, kindly return four ( 4) copies to Oakland County Equalization Division.

Should you have any questions or concerns, please do not hesitate to call me at 248~858~0760 or Kimberly Hampton at 248-858-2039. Thank you..

Sin7)lyd

LJ;;::m:.,JtL-Ma:nager, Oakland County Equalization

D1VIB/kdh Enclosures

250 Elizabeth Lake Road, Ste. 1000 WI Pontiac, Ml 48341 I Fax (248) 975-9720 I oakgov.com

CONTRACT FOR OAKLAND COUNTY

EQUALIZATION DIVISION ASSISTANCE SERVICES

WITH THE CITY OF PONTIAC {real and personal property services)

This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC, (hereafter, this "Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341(hereafter, the "County"), and the City of Pontiac, a Michigan Constitutional and Municipal Corporation whose address Is 47450 Woodward Avenue, Pontiac, Michigan, 48342-2271 (hereafter, the "Municipality"). In this Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or jointly as "Parties.''

INTRODUCTORY STATEMENTS

A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to perform real and personal property tax appraisals and assessments for all nonexempt real and personal property located within the geographic boundaries of the Municipality for the purpose of levying State and local property taxes.

B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order of the State Tax Commission mandating the County to perform all or some of the property tax appraisal and tax assessment responsibilities for real and/or personal property located within the Municipality's geographic boundaries (MCL 211.1 O(f)), the County, has no obligation to provide these Services to or for the Municipality.

C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of Commissioners, through the Equalization Division may furnish assistance to local assessing officers In the performance of certain of these legally mandated, Municipality, property appraisal and assessment responsibilities.

D. The Municipality has requested the County's Equalization Division assistance in performing the "Equalization Division Assistance Services" (as described and defined in this Contract) and has agreed in return to reimburse the County as provided for in this Contract.

E. The County has determined that it has sufficient "Equalization Division Personnel," as defined herein, possessing the requisite knowledge and expertise and is agreeable to assisting the Municipality by providing the requested "Equalization Division Assistance Services" under the terms and conditions of this Contract.

NOW, THEREFORE, in consideration of these premises and the mutual promises, representations, and agreements set forth in this Contract, and for other good and valuable consideration. the receipt and adequacy of which is hereby acknowledged, the County and the Municipality mutually agree as follows:

§1. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County", "Municipality", "Party" and "Parties", and "State"), the Parties agree that the following words and expressions when printed with the first letter capitalized as shown herein, whether used in the singular or plural, possessive or nonpossessive, and/or either within or without quotation marks, shall, be defined and interpreted as follows:

CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC

Pag& 1

1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County elected officials, appointed officials, directors, board members, council members, commissioners, authorities, other boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal representative or official capacities), and/or any persons acting by, through, under, or in concert with any of them, excluding the Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or "County Agents" shall also include any person who was a County Agent anytime during the term of this Contract but, for any reason, is no longer employed, appointed, or elected and serving as a County Agent. ·

1.2. "Equalization Division· Personnel" as used in this Contract shall be defined as a specific subset of, and included as part of the larger group of County Agents as defined above, and shall be further defined as any and all County Agents specifically employed and assigned by the County to work in the Equalization Division of the County's Department of Management and Budget as shown in the current County budget and/or personnel records of the County. For any and all purposes in this Contract, any reference to County Agents shall also include within that term any and all Equalization Division Personnel, but any reference in this Contract to Equalization Division Personnel shall not include any County Agent employed by the County in any other function, capacity or organizational unit of the County other than the Equalization Division of the Department of Management and Budget. ·

1.3. "Municipality Agent" or "Municipality Agents" shall be defined to include any and all Municipality officers, elected officials, appointed officials, directors, board members, council members, authorities, boards, committees, commissions, employees, managers, departments, divisions, volunteers, agents, representatives, and/or any such persons' successors or predecessors, agents, employees, attorneys, or auditors (whether such persons act or acted in their personal, representative, or official capacities), and/or any and all persons acting by, through, under, or in concert with any of them, except that no County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent shall be deemed a County Agent. "Municipality Agent" shall also include any person who was a Municipality Agent at any time during this Contract but for any reason is no longer employed, appointed, or elected in that capacity.

1.4. "Ciaim(s)" shall be defined to include any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or asserted against either the County and/or any County Agent, as defined herein, or any Claim(s) for which the County and/or any County Agent may become legally and/or contractually obligated to pay or defend against, or any other liabilities of any kind whatsoever, whether direct, indirect or consequential, whether based upon any alleged


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violation of the constitution (Federal or State), any statute, rule, regulation or the common law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened and arising out of any alleged breach of any duty by the County and/or any County Agent to any third-person, the Municipality, including any Municipality Agent or any Municipality Taxpayer under or in connection with this Contract or are based on or result in any way from the County's and/or any County Agent's participation in this Contract.

1.5. "Municipality Taxpayer" shall be defined as any and all residents, property owners, persons, or taxable entities within the Municipality, or their representatives or agents, who may be liable or responsible for any property taxes assessed by the Municipality pursuant to any applicable State Property Tax Laws.

1.6. "State" shall be defined as the "State of Michigan," a sovereign governmental entity of the United States, and shall also include within its definition any and all departments or agencies of State government including specifically, but not limited to, the State Tax Commission, the State Tax Tribunal, and/or the State Department of Treasurv.

§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES. The Parties agree that the full and complete scope of any and all County Equalization Division Assistance Services shall be as described and limited in the following subsections (hereinafter defined and referred to as either .. Equalization Division Assistance Services" or "Services").

2.1. "EQUALIZATION DIVISION ASSISTANCE SERVICES" OR "SERVICES" TO BE PROVIDED. "Equalization Division Assistance Services" or "Services", to be performed by County for the Municipality as those terms are defined in this Contract, shall only include and shall be limited to the following activities:

2.1.1. This Contract is to provide for annual assessment of real and personal property from July 1, 2016 to June 30, 2019 as required by laws of the State of Michigan. The County agrees to make assessments of real and personal property within the Municipality pursuant to MCL 211.1 Od.

2.1.2. The Equalization Division personnel will appraise all property, process all real and personal property description changes, prepare the assessment roll for real and personal property in the Municipality; attend March, July and December Boards of Review and other such duties as required by the State General Property Tax Laws. The Equalization Division personnel will also be available for consultation on all Michigan Tax Tribunal real and personal property and special assessment appeals and will assist the Municipality in the preparation of both the oral and written defense of appeals, as long as there is a current Contract in effect.

2.2. PURPOSE OF COUNTY "SERVICES". The Parties agree that the purpose of any and all "Equalization Division Assistance Services" or "Services" to be performed under this Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the performance of that Municipality's official


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functions, obligations, and Municipality's legal responsibilities for property tax appraisal and assessment pursuant to the applicable State Property Tax Laws.

2.3. MANNER COUNTY TO PROVIDE SERVICES. The Parties agree that any and all "Equalization Division Assistance Services" or "Services" to be provided by the County for the Municipality under this Contract shall be performed solely and exclusively by the County's "Equalization Division Personnel" as defined herein.

2.3.1. Equalization Division Personnel, Including those certified as MMAO, shall be employed and assigned by the County in such numbers and based on such appropriate qualifications and other factors as decided solely by the County.

2.3.2. The Parties agree that the County shall be solely and exclusively responsible for furnishing all Equalization Division Personnel with all job instructions, job descriptions and job specifications and shall in all circumstances control, supervise, train or direct all Equalization Division Personnel in the performance of any and all Services under this Contract.

2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant that, at all times and for all purposes relevant to this Contract, the County shall remain the sole and exclusive employer of all County Agents and Equalization Division Personnel and that the County shall remain solely and completely liable for any and all County Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any County Agent's employment status.

2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change, grant, modify, supplement, supersede, alter, or otherwise affect or control, in any manner, form, or at any time, any right, privilege, benefit, or any other term or condition of employment, of any kind or nature whatsoever, in, upon, or for any County Agent or Equalization Division Personnel with the County, any applicable County employment and/or union contract, and/or any County rule(s), regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s), directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern and control the employment relationship between the County and any County Agent or Equalization Division Personnel and/or the conduct and actions of any County Agent or any Equalization Division Personnel. To illustrate, but not otherwise limit, this Contract does not and shall not be interpreted to limit, modify, control, or otherwise affect, in any manner:

2.3.4.1. The County's sole and exclusive right, obligation, responsibility, and discretion to employ, compensate, assign, reassign, transfer, promote, reclassify, discipline, demote,


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layoff, furlough, discharge any Equalization Division Personnel and/or pay any and all Equalization Division Personnel's wages, salaries, allowances, reimbursements, compensation, fringe benefits, or otherwise decide any and all such terms and conditions of employment and make any and all employment decisions that affect, in any way, the employment of any Equalization Division Personnel With the County, subject only to its applicable collective bargaining Contracts.

2.3.4.2. The County's sole and exclusive right, obligation, and responsibility to determine, establish, modify, or implement any and all operational policies, procedures, orders, rules, regulations, ethical guidelines, and/or any other judgment, policy or directive which, in any way, governs or controls any activity of any County Agent or Equalization Division Personnel, any necessary County Agent or Equalization Division Personnel's training standards or proficiency(ies), any level or amount of required supervision, any and all standards of performance, any sequence or manner of performance, and any level(s) of experience, training, or education required for any Equalization Division Personnel performing any County duty or obligation under the terms of this Contract.

2.3.5. The Municipality agrees that except as expressly provided for under the terms of this Contract and/or laws of this State, no County Agent or Equalization Division Personnel, while such person is currently and/or actively employed or otherwise remains on the payroll of the County as a County Agent shall be employed, utilized, or perform any other services, of any kind, directly or indirectly, in any manner or capacity, or otherwise be available to perform any other work or assignments by or for the Municipality during the term of this Contract. This section shall not prohibit the Municipality from employing any person who was a former County Agent but is no longer employed in that capacity by the County.

2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State law, the Parties agree and warrant that neither the County, nor any County Agent, nor any Equalization Division Personnel, by virtue of this Contract or otherwise, shall be deemed, considered or claimed to be an employee of the Municipality and/or a Municipality Agent.

2.3. 7. The Municipality shall not otherwise provide, furnish or assign any Equalization Division Personnel with any job instructions, job descriptions, job specifications, or job duties, or in any manner attempt to control, supervise, train, or direct any Personnel in the performance of any County's Equalization Division Assistance Services duty or obligation under the terms of this Contract.

2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICES". Except as otherwise expressly provided for within this Contract, neither the County nor any County Agents shall be responsible for assisting or providing any other "Services " or


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assistance to the Municipality or assume any additional responsibility for assisting the Municipality in any other way or manner with any Municipality obligations under any and all State Property Tax Laws, including, but not limited to, providing any attorney or legal representation to the Municipality or any Municipality Agent at any proceeding before the Michigan Tax Tribunal or any other adjudicative body or court, except as expressly provided for in this Contract.

2.4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation under any applicable State Property Tax Laws. The Municipality shall employ and retain its own Municipality legal representation, as necessary, to defend any such claim or challenge before the State Tax Tribunal or any other court or review body.

2.4.2. Except for those express statutory and/or regulatory obligations incumbent only upon licensed Equalization Division Personnel (i.e., State Licensed and Certified Real and/or Personal Property Tax Assessors) to defend property tax appraisals and assessments that they either performed, or were otherwise performed under their supervision, before the Michigan Tax Tribunal, the Parties agree that no other County Agents, including any County attorneys shall be authorized, required and/or otherwise obligated under this Contract or pursuant to any other agreement between the Parties to provide any legal representation to or for the Municipality and/or otherwise defend, challenge, contest, appeal, or argue on behalf of the Municipality before the Michigan Tax Tribunal or any other review body or court.

§3. IERM OF CONTRACT. The Parties agree that the term of this Contract shall begin on the effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2019, without any further act or notice from either Party being required. Any and all County Services otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject to the terms and conditions provided for herein.

§4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY. Except as expressly provided for in this Contract, the Municipality agrees that this Contract does not, and is not intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal obligation, or liability associated with any governmental function delegated and/or entrusted to the Municipality under any applicable State Property Tax Laws.

4.1. The Municipality shall, at all times and under all circumstances, remain solely liable for any and all costs, legal obligations, and/or civil liabilities associated with or in any way related to any Municipality tax appraisal or assessment functions or any other Municipality legal obligation. The Municipality agrees that under no circumstances shall the County be responsible for any costs, obligations, and/or civil liabilities associated with its Municipality function or any responsibility under any State Property Tax Law.


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4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations for the County and shall take all necessary steps to ensure that any debts, liens, liabilities or obligations that the Municipality may incur shall not become a debt, liability, obligation or Claim(s) against the County.

4.3. The Parties agree that the Municipality shall at all times remain responsible for the ultimate completion of any and all Municipality duties or obligations under any and all applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality of any Municipality duty or obligation under any applicable State Property Tax Law.

4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance with all Federal, State, and local laws, ordinances, regulations, and agency requirements in any manner affecting any work or performance of this Contract or with any Municipality duty or obligation under any applicable State Property Tax Law.

§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY. The Parties reserve to themselves any rights and obligations related to the provision of any and all of each Party's respective governmental services, authority, responsibilities, and obligations. Except as expressly provided otherwise herein, this Contract does not, and is not intended to, create, diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory, and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care, liability, capacity, immunity, authority or character of office of either Party to any other person or Party.

5.1. The Parties further agree, notwithstanding any other term or condition in this Contract, that no provision in this Contract is intended, nor shall it be construed, as a waiver of any governmental immunity, as provided by statute or applicable court decisions, by either Party, either for that Party and/or any of that Party's County or Municipal Agents.

5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners statutory rights and obligations to review and/or further equalize Municipality property values or tax assessments and/or further act upon any Municipality assessment(s) of property taxes under any applicable State Property Tax Laws, including, but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal.

§6. PAYMENT SCHEDULE. In consideration of the promises set forth in this Contract, the Municipality agrees to pay to the County: For the contract years 2016~2017, 2017-2018, and 2018~2019 the sum of $15.30 each year for each real property description and $13.70 each year for each personal property description rendered during the life of this Contract. Payment for the contract year 2016-2017 is payable on or before July 1, 2017, payment for the contract year 2017~2018 is payable on or before July 1, 2018 and payment for the contract year 2018~2019 is payable on or before July 1, 2019.

If during the term of this Contract, there are additional services requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality.

6.1. All time incurred for Board of Review dates beyond the regular County working hours to be billed at the applicable Equalization Division personnel's overtime


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rate and charged to the Municipality over and above any other fees described in this Contract, with the following exceptions:

6.1.1. One evening meeting as required by law under MCL § 211.30(3).

6.1.2. Dates requiring overtime set by the Municipality Charter.

6.2. The Municipality agrees to be responsible for postage on all personal property statements and personal property notices mailed relating to work performed under this Contract. The Municipality agrees to be responsible for all photographic supplies.

6.3. If the Municipality fails, for any reason, to pay the County any monies when and as due under this Contract, the Municipality agrees that unless expressly prohibited by law, the County or the County Treasurer, at their sole option, shall be entitled to a setoff from any other Municipality funds that are in the County's possession for any reason. Funds include but are not limited to the Delinquent Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County shall be deemed a voluntary assignment of the amount by the Municipality to the County. The Municipality waives any claims against the County or its Officials for any acts related specifically to the County's offsetting or retaining such amounts. This paragraph shall not limit the Municipality's legal right to dispute whether the underlying amount retained by the County was actually due and owing under this Contract.

6.4. If the County chooses not to exercise its right to setoff or if any setoff is Insufficient to fully pay the County any amounts due and owing the County under this Contract, the County shall have the right to charge up to the then~maximum legal interest on any unpaid amount. Interest charges shall be in addition to any other amounts due to the County under this Contract. Interest charges shall be calculated using the daily unpaid balance method and accumulate until all outstanding amounts and accumulated interest are fully paid.

6.5. Nothing in this Section shall operate to limit the County's right to pursue or exercise any other legal rights or remedies under this Cohtract against the Municipality to secure reimbursement of amounts due the County under this Contract. The remedies in this Section shall be available to the County on an ongoing and successive basis if Municipality at any time becomes delinquent in its payment. Notwithstanding any other term and condition in this Contract, if the County pursues any legal action In any court to secure its payment under this Contract, the Municipality agrees to pay all costs and expenses, including attorney's fees and court costs, incurred by the County in the collection of any amount owed by the Municipality.

6.6. Notwithstanding any other term or condition in this Contract, should the Municipality fail for any reason to timely pay the County the amounts required under this Contract, the Municipality agrees that the County may discontinue, upon thirty (30) days written notice to the Municipality, without any penalty or liability whatsoever, any County services or performance obligations under this Contract.


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§7. LIABILITY. The Municipality further agrees that the County shall not be liable to the Municipality for any and all Claim(s), except as otherwise expressly provided for in this Contract.

7.1. The Parties agree that this Contract does not and is not intended to create or include any County warranty, promise, covenant or guaranty, either express or implied, of any kind or nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or any Municipality Taxpayer or any other person or entity, or that the County's efforts in the performance of any obligation under this Contract will result in any specific monetary benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in any specific reduction or increase in any property assessment, or guarantee that any County services provided under this Contract will withstand any challenge before the State Tax Tribunal or any court or review body, or any other such performance-based outcome.

7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or condition of this Contract by either the County or any County Agent, the County and/or any County Agent shall not be liable to the Municipality for any indirect, incidental, special or consequential damages, including, but not limited to any replacement costs for County Services, any loss of income or revenue, and/or any failure by the Municipality to meet any Municipality obligation under any applicable State Property Tax Laws, or any other economic benefit or harm that the Municipality may have realized, but for any alleged breach, wrongful termination, default and/or cancellation of this Contract, or damages beyond or in excess of the amount(s) of any amount paid to, received or retained by the County at the time of the alleged breach or default in connection with or under the terms of this Contract, whether such alleged breach or default is alleged in an action in contract or tort and/or whether or not the Municipality has been advised of the possibility of such damages. This provision and this Contract is intended by the Parties to allocate the risks between the Parties, and the Parties agree that the allocation of each Party's efforts, costs, and obligations under this Contract reflect this allocation of each Party's risk and the limitations of liability as specified herein.

7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged losses, claims, complaints, demands for relief or damages, suits, causes of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to, any reimbursement for reasonable attorney fees, witness fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement, and/or any other amounts, liabilities of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality or any Municipality Agent by any third person, including but not limited to any Municipality Agent or Municipality Taxpayer, arising out of any activities or Services to be carried out by any County Agent in the performance of this Contract, the Municipality hereby agrees that it shall have no rights pursuant to or under this Contract against the County and/or any County Agents to or for any indemnification (i.e., contractually, legally, equitably; or by implication) contribution, subrogation, or other right to be reimbursed by the County and/or any of County Agents based upon any and all legal theories or alleged rights of


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any kind, whether known or unknown, for any and all alleged losses, claims, complaints, demands for relief or damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any kind whatsoever which are imposed on, incurred by, or asserted against the Municipality and which are alleged to have arisen under or are in any way based or predicated upon this Contract.

7.4. If the Municipality requests and the County agrees, the County may prepare the actual tax statement for mailing by the Municipality to Municipality residents. In preparing any such tax statement the County shall rely upon certain data provided by the Municipality beyond the data gathered by the County under this Contract, including, but not limited to, the applicable millage rate. The parties _ agree that under n_o circumstances shall the County be held liable to the Municipality or any third party based upon any error in any tax statement due to information supplied by the Municipality to the County for such purposes.

§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY. The Municipality agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in the performance of all County Services under this Contract. Likewise, the County agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all Equalization Division personnel fully cooperate with Municipality agents in the performance of all County Services under this Contract.

8.1. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality. The Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents with all job instructions, job descriptions and job specifications and shall solely control, direct, and supervise all Municipality Agents and shall be solely responsible for the means and manner in which Municipality's duties or obligations under any applicable State Property Tax Laws are satisfied.

8.2. The Municipality agrees that it shall be solely and completely liable for any and all Municipality Agents' past, present, or future wages, compensation, overtime wages, expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, workers' disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any Municipality Agent's employment status or any alleged violation of any Municipality Agenfs statutory, contractual (e.g., union, employment, or- labor contract}, constitutional, common law employment right, and/or civil rights by the Municipality. The Municipality agrees to indemnify and hold harmless the County from and against any and all Claim(s} which are imposed upon, incurred by, or asserted against the County or any County Agent by any Municipality Agent and/or which are based upon, result from, or arise from, or are in any way related to any Municipality Agent's wages, compensation, benefits, or other employmentrelated or based rights, including, but not limited to, those described in this section.

CONTRACT FOR OAKLAND COUNlY EQUALIZATION DNISION ASSISTANCE SERVICES WITH THE CllY OF PONTIAC

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8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or otherwise, be considered or claimed to be an employee of the County and/or a County Agent. This Contract does not grant or confer, and shall not be interpreted to grant or confer, upon any Municipality Agents or any other individual any status, privilege, right, or benefit of County employment or that of a County Agent.

8.4. The Municipality agrees to provide the County with information regarding any activity affecting the tax status of any parcel including but not limited to the following: Downtown Development Authorities, Redevelopment Plans, Tax Increment Financing Authorities. In addition, the municipality agrees to notify the County immediately of approval of any application for abatement or tax exemption.

8.5. The Municipality agrees to inform the County Agents regarding any increase in taxation which is governed by the Truth in Taxation Act. Further, the Municipality agrees to inform the County Agents regarding any millage increase (new) or renewal.

8.6. The Municipality will be responsible for Special Assessment billings, maintaining a paper trail of roll changes, maintaining the rolls in balance, and providing the Oakland County Equalization Division with the information necessary to prepare the warrant.

8. 7. The Municipality agrees that its agents will perform the following functions:

8.7. 1. Mechanically make name changes to Sidwell numbers on a monthly basis using the County's Computer terminals.

8.7.2. Provide a copy of all building permits with Sidwell numbers to the County's Equalization Division on a monthly basis.

8.7.3. Be responsible for the establishment, accuracy and compilation of all Special Assessment rolls in the Municipality.

8.7.4. Forward all exemption applications, transfer affidavits, personal property statements and any and all other documents affecting the status or value of property located within the Municipality to the County's Equalization Division in a timely manner.

8.7.5. Forward all information on splits and combinations after approval by the Municipality to the County's Equalization Division.

8.8. In the event that Municipality Agents, for whatever reason, fall or neglect to undertake the tasks in Section 8. 7 above, the County's Equalization Division may perform these tasks and they shall be paid on a time and material basis. Such rate shall be based upon the wages plus benefits of the person or persons performing said tasks.

§9. INDEPENDENT CONTRACTOR. The Parties agree that at all times and for all purposes under the terms of this Contract, the County's and/or any and all County Agents' legal status and relationship to the Municipality shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, Agents, and servants during the term of this Contract. No liability,


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right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to either Party as a result of this Contract.

§10. COUNTY PRIORITIZATION OF COUNTY RESOURCES. The Municipality acknowledges and agrees that this Contract does not, and is not intended to, create either any absolute right in favor of the Municipality, or any correspondent absolute duty or obligation upon the County, to guarantee that any specific number(s) or classification of County Agents will be present on any given day to provide County services to the Municipality.

§11. INDEMNIFICATION. Each Party shall be responsible for any Claims made against that Party and for the acts of its Employees or Agents. In any Claims that may arise from the performance of this Contract, each Party shall seek its own legal representation and bear the costs associated with such representation including any attorney fees. Except as otherwise provided in this Contract, neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its Employees or Agents in connection with any Claim. This Contract does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Contract shall be construed as a waiver of governmental immunity for either Party.

§12. CANCELLATION OR TERMINATION OF THIS CONTRACT. Except as follows, and notwithstanding any other term or provision in any other section of this Contract, either Party, upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or completely terminate this Contract for any reason, including convenience, without incurring any penalty, expense, or liability to the other Party. The effective date for any such termination is to be clearly stated in the notice.

12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality and/or County obligations under this Contract, except those rights and obligations expressly surviving cancellation as provided for in this Contract, shall end.

12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited to, any and all indemnification and hold harmless promises, waivers of liability, record-keeping requirements, any Municipality payment obligations to the County, and/or any other related obligations provided for in this Contract with regard to any acts, occurrences, events, transactions, or Claim(s) either occurring or having their basis in any events or transactions that occurred before the cancellation or completion of this Contract, shall survive the cancellation or completion of this Contract.

§13. EFFECTIVE DATE, CONTRACT APPROVAL. AND AMENDMENT. The Parties agree that this Contract, and/or any subsequent amendments thereto, shall not become effective prior to the approval by concurrent resolutions of both the Oakland County Board of Commissioners and the Governing Body of the City of Pontiac. The approval and terms of this Contract, and/or any possible subsequent amendments thereto, shall be entered in the official minutes and proceedings of both the Oakland County Board of Commissioners and the Governing Body of the City of Pontiac and shall also be filed with the office of the Clerk of the County and the Clerk for the City of Pontiac.


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§14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed with the Michigan Secretary of State and this Contract, and/or any possible subsequent amendments, shall not become effective prior to this required filing with the Secretary of State.

14.1. The Parties agree that except as expressly provided herein, this Contract shall not be changed, supplemented, or amended, in any manner, except as provided for herein, and no other act, verbal representation, document, usage or custom shall be deemed to amend or modify this Contract in any manner.

§15. NO THIRD-PARTY BENEFICIARIES. Except as expressly provided herein for the benefit of the Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be subrogated to any Party's rights in this Contract, and/or any other right of any kind, In favor of any person, including, but not limited to, any County Agent or Municipality Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary or assignee, and/or any other person.

§16. CONSTRUED AS A WHOLE. The language of all parts of this Contract is intended to and, in all cases, shall be construed as a whole according to Its fair meanjng, and not construed strictly for or against any Party. As used in this Contract, the singular or plural number, possessive or non possessive shall be deemed to Include the other whenever the context so suggests or requires.

§17. CAPTIONS. The section headings or titles and/or all section numbers contained in this Contract are intended for the convenience of the reader and not intended to have any substantive meaning and are not to be interpreted as part of this Contract.

§18. NOTICES. Except as otherwise expressly provided for herein, any and all correspondence, invoices, and/or any other written notices required, permitted or provided for under this Contract to be delivered to either Party shall be sent to that Party by first class mail. All such written notices, including any notice canceling or terminating this Contract as provided for herein, shall be sent to the other Party's signatory to this Contract, or that signatory's successor in office, at the addresses shown in this Contract. All correspondence or written notices shall be considered delivered to a Party as of the date that such notice is deposited with sufficient postage with the U.S. Posta] Service.

§ 19. WAIVER OF BREACH. The waiver of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either Party or allowed it by law shall be cumulative and not exclusive of any other.

§20. ENTIRE CONTRACT, This Contract, consisting of a total offourteen (14) pages, sets forth the entire agreement between the County and the Municipality and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the Municipality in any way related to the subject matter hereof, except as expressly stated herein. This

CONTRACT FOR OAKLAND COUNTY EQUAUZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC

Page 13

Contract shall not be changed or supplemented orally and may be amended only as otherwise provided herein.

For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in this Contract, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Contract on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions of this Contract.

IN WITNESS WHEREOF, Deirdre Waterman, Mayor of the City of Pontiac hereby acknowledges that she has been authorized by a resolution of the Governing Body of the City of Pontiac, a certified copy of which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds the City of Pontiac to the terms and conditions of this Contract.

EXECUTED: Deirdre Waterman, Mayor City of Pontiac

WITNESSED: _________ _ Sherikia Hawkins, Clerk c.ity of Pontiac

DATE: ___________ _

DATE:-------

IN WITNESS WHEREOF, Michael J. Gingell, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland County, and hereby accepts and binds Oakland County to the terms and conditions of this Contract.

EXECUTED: Michael J. Gingell, Chairperson Oakland County Board of Commissioners

WITNESSED:-----------

(Print Name)-=----;-:-~------County of Oakland

DATE:-------

DATE:------

DATE:-~-----

CONTRACT FOR OAKLAND COUNTY EQUAUZATION DIVISION ASSISTANCE SERVICES WITH THE CITY OF PONTIAC

Page 14

Date:

To:

From:

Through:

Re:

Background:

City of Pontiac Department of Planning

April 4, 2016

Honorable Mayor and City Council

C. James Sabo, AICP Professional Planner

Jane Bais-Disessa, Deputy Mayor

121 Branch Street Tennis Dome Right-of-Way Vacation Application/ Hess Street

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In accordance with Section 102-66 of the Municipal Code, a property owner whose property is contiguous to any portion of the right-of-way {r.o.w) may file a petition with the Planning Department to request vacation of the street.

Planning Commission Public Hearing In accordance with Section 102-68, the Planning Commission held a public hearing on

. December 3, 2014 to review a right-of-way vacation request for PF-14-99 Tennis Dome 121 Branch Street. At the December 3rd public hearing, there were no public comments. The request was to vacate a one-block section of the Hess Street r:o.w between Grant Street and Howard McNeil Street. The request is related to compliance with the Building Code and Fire Code for dome type structures. The applicant obtained a ZBA variance of 12.17 feet for the front yard setback. However, dome structures have specific building and fire code requirements for distance to the property lines that exceed Zoning Ordinance setbacks. In order to meet the fire code standards, the applicant is requesting to vacate Hess Street. The right-of-way vacation would create a new property line and the dome structure would then meet the fire code standards. The current physical layout ofthe site would not change. Essentially, the applicant would remove the paved street and increase the size of the front yard open space to align with the fire code requirements.

At the December 3, 2014 meeting, the Planning Commission took action to recommend conditional approval of the right-of-way vacation request to the City Council for Wessen Development 121 Branch Street subject to preservation of utility easements where required.

Note: Following the December 3, 2014 public hearing and recommended action by the Planning Commission, the applicant did not provide a survey or legal description to meet the approval conditions for the vacation of the right-of-way until March 28, 2016.

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City Council Action In accordance with Section 102-69, following the public hearing, the recommendation of the Planning Commission is provided to the City Council for consideration. The Council is not required to hold an additional public hearing, but may if desired.

The city council may by resolution grant or deny the petition, or may take any other appropriate action on the petition. If the petition for vacation is granted, the city council may in its resolution provide that easements be reserv'ed in the vacated right-of-way for public utility purposes. The resolution shall set forth the reasons for the council's decision, by reference to those standards set forth in this division.

If the city council's action is to vacate the right-of-way, the city clerk or his representative shall record a certified copy of the resolution with the county register of deeds, and send a copy of the resolution to the state treasurer.

Section 102-70 provides review criteria for City Council to consider regarding r.o.w vacation as noted here:

102-70 Standards and Criteria

In making its recommendation on any petition for vacation of a right-of-way or easement, in making its decision on a petition for vacation, the city council shall consider, any or all of the following standards and criteria, if and to the extent that such standards apply to the particular case:

(1) Whether the street, alley or other public right-of-way or easement is actually necessary for access to any parcel of property,' or to provide any necessary service to any parcel of property.

(2) Whether the vacation of the right-of-way or easement would make access to properties, or travel from one location or another, substantially more difficult, time consuming or inconvenient, or whether the vacation would have no substantial effect on access, convenience of travel, or traffic patterns.

(3) Whether the vacation of the street, alley or other public right-of-way will be substantially detrimental to, or will substantially increase, the value and/or utility of adjacent or nearby properties.

(4) Whether the use of the street, alley or other right-of-way, as a result of the generation of noise, dust, or for any other reason, is detrimental or disturbing to the use or occupancy of nearby properties.

(5) Whether other existing streets, alleys or rights-of-way provide sufficient access to all parcels of property that may be served by the right~of-way proposed for vacation.

(6} Whether'o'r"not the street, alley or other right-of-way has ever.been improved by the dty or by. ~my other entity.

(7) Whether the subject right-of-way is necessary to provide access to police, fire or other public safety services.

(8) Whether it is anticipated that the subject right-of-way will be needed for future public uses.

(9) Any other relevant standard or standards that may be adopted by the planning commission or city council. Such standards may be adopted in written form to be applied to future cases where applicable, or may be adopted for application to a particular case then before the body.

The purpose of this correspondence is to request the City Council to take action on the recommendation of the Planning Commission to either Approve or Deny the proposed street right-of-way vacation request for Hess Street for PF-14-99 Wessen Development 121 Branch Street. Resolution for consideration:

Whereas, on December 3, 2014, the Planning Commission held a public hearing and reviewed an application for vacation of the right-of-way of Hess Street adjacent to the property located at 121 Branch Street near the intersection of Branch Street and Wessen Street; and,

Whereas, on December 3, 2014, the Pontiac Planning Commission recommended that the Hess Street right-of-way adjacent to the property at 121 Branch Street be vacated; and,

Whereas, the Planning Commission finds that the proposed street right-of-way vacation will allow the tennis dome property to meet the standards for construction of the Fire Code and Building Code; and

Whereas, the Planning Commission finds that the proposed street right-of-way vacation appears to meet the approval criteria from Section 102-70 of the Pontiac Municipal Code; and

Now, therefore, be it resolved, that the request submitted by Wessen Development, 121 Branch Street Tennis Dome for the abandonment of the City's interest in a portion of Hess Street between Howard McNeil Street and Grant Street; as described is hereby approved by the City Council, subject to the retention of a full width utility easement for maintenance of utilities.

Date:

To:

From:

Re:

Applicant:


November 19, 2014

Pontiac City Planning Commission


PF-14-99, 121 Branch Street-Street Right-of-Way Vacation

Brian Devirgilio, PLTC Tennis facility 6632 Telegraph Road Bloomfield, Ml 48301

Property Addresses: 121 Branch Street, part of Wesseri Tennis Club facility

Request: Vacate a one-block section of Hess Street between Howard McNeil and Grant Streets. The request is related to the new tennis facility including the temporary dome structures. The request is also related to fire code and building code requirements for the temporary structures. Tennis facility is located at the northeast corner of Branch and Hess Streets.

Legal Description: 14-32-180-003, see resolution for metes and bounds legal

Zoning: R-1, One-Family Dwelling, (Use Variance granted by ZBA 3/18/14)

Existing Land Use: Street right-of-way

Relationship to Pontiac Master Plan (Future Land Use Map): Subject Parcel: Entrepreneurial, Residential, Commercial and Green Adjacent: Entrepreneurial, Residential, Commercial and Green

Planning Department Findings:

The street vacation request is straightforward. The tennis facility was approved, but cannot meet the fire code and building code for the temporary dome structures are in place during the winter months. The applicant has requested vacation of the street right-of-way (r.o.w.) in order to create a new property line for the site. If the street r.o.w. vacation is approved, it would result in a new legal description. for the Branch Street tennis site. The new property line along

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Hess street would increase the setback distance from the property line to approximately 42.0 . feet and the new building setback would then comply with Building Code and Fire Code standards for temporary -structures.

The. City Engineering Department (John Balint) has reviewed the street vacation request. He recommends approval of the street vacation of Hess and confirms that the street has been blocked at Howard McNeil for a reasonably long period of time. The Engineer does not anticipate that vacation of Hess would negatively affect circulation of traffic in the area. However, he recommends a "hammer head" turn-around area at the end of Grant Street for emergency vehicles and garbage trucks. Should the City Council choose to vacate the r.o.w., the Engineer recommends that the city maintain and preserve utility easements in the former street r.o.w. Any storm sewer would need easements as well as sanitary and water main utility easements.

With respect to infrastructure, the applicant has· been made aware that utility easements would be required within the former street.

Based on the limited use of the existing portion· of Hess Street and the recommendations from the Engineering Department, the Planning Department. recommendation is to approve the Right-of-Way vacation for Hess Street as legally described between Howard McNeill Street and Grant Street subject to the following conditions:

Recommendation:

To approve the Hess Street vacation request application for PF-14-99, 121 Branch Street tennis faci]ity subject to the following conditions: .

1. Submission of a professional survey and legal description for the proposed right-of-way vacation along Hess Street.

2. Construction of a vehicle turn-around at the intersection of Grant Street and Hess Street for emergency vehicles and public utility vehicles.

3. Record and preserve all necessary public utility easements within the former right-ofway along Hess Street.

SKETCH OF DESCRIPTIONS PLAT BOUNDARY AND PARTIAL VACATION OF HESS AVENUE

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L1 S0'43'00"W 92.00

L2 589'17'00"E 300.00

L3 S89'17'0o"E 250.00

L4 N0'4.3'00"E 50.00

L5 N89'17'oo·w 250.00

L6 S0'43'oo"w 50.00

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DESCRIPTIONS CROSS ADDITION N0.1 PLAT AND PARTIAL VACATION OF HESS AVENUE

CROSS ADDITION N0.1 PLATTED LAND DESCRJPTION (AS RECORDED)

THE LAND EMBRACED IN THE ANNEXED PLAT OF CROSS ADDITION N0.1 TO THE CITY OF PONTIAC, OAKlNAD COUNlY, MICHIGAN DESCRIBED AS FOLLOWS:

A PIECE OR PARCEL OF LAND SITUATED, LYING AND BEING IN THE CITY OF PONTIAC, COUNTY OF OAKLAND AND STATE OF MICHIGAN, IN N.E. 1/4 AND N.W.l/4 SECTION 32, T.3N., R.lOE. AND COMMENCING AT A POINT ON THE EAST LINE OF BRANCH STREET DISTANT S.14'22'E., 305.5 FEET FROM THE SOUlll EAST CORNER OF LOT 19 OF LULL ADDITION TO THE CITY OF PONTIAC, MICHIGAN; RUN THENCE N.79'E., 997 FEET TO THE CENTER OF CLINTON RIVER; RUN THENCE $.33'10'E. ALONG CENTER OF CLINTON RIVER 205 FEET; RUN THENCE S.22'E. ALONG CENTER OF CLINTON RIVER 196 FEET, RUN THENCE S.2'W ALONG CENTER OF CLINTON RIVER 250 FEET; RUN THENCE N.89'17'W., :U57 FEET TO A STAKE ON THE EAST LINE OF BRANCH STREET; RUN THENCE N.00'43'E. ALONG THE EAST LINE OF BRANCH STREET 422 TO THE PLACE OF BEGINNING.

(AS DESCRIBED IN AND RECORDED AS DOCUMENT NO. 2873 IN LIBER 6 OF PLATS, PAGE 20, OAKLAND COUNTY RECORDS)

PARTIAL VACATION OF HESS AVENUE DESCRIPTION

A PARCEL OF LAND LOCATED IN THE CITY OF PONTIAC, COUNlY OF OAKLAND, STATE OF MICHIGAN, A PART OF CROSS ADDITION NO. 1 TO THE CITY OF PONTIAC, BEING PA'RTOF THE NORTHEAST 1/4 AND NORTHWEST 1/4 OF SECTION 32, T.3N., R.lOE., CITY OF PONTIAC, OAKLAND COUNTY, MICHIGAN, ACCORDING TO THE PLAT THEREOF AS RECORDED IN LIBER 6 OF PLATS, PAGE 20, OAKLAND COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE SOUTH LINE OF HESS AVENUE DISTANT S.00'43'W., 92.0 FEET ALONG THE EAST LINE OF BRANCH STREET AND S.89'~7'E,, 300.0 FEET· ALONG THE SOUTH LINE OF HESS STREET FROM THE NORTHWEST CORNER OF LOT 1 OF CROSS ADDITION NO. 1, SAID POINT BEING THE NORTHWEST CORNER OF LOT 16 OF CROSS ADDITION NO.1 TO THE CITY OF PONTIAC, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF HESS STREET S.89"17'E., 250.0 FEET TO A POINT ON THE WEST LINE OF GRANT STREET, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 29 OF CROSS ADDITION NO. 1; THENCE N.00'43'E., 50.0 FEET TO A POINT ON THE NORTH LINE OF HESS AVENUE, SAID POINT ALSO BEING ON THE SOUTH LINE OF LOT 62 OF CROSS ADDITION N0.1; THENCE N.89"17'W., 250.0 FEET ALON/3 THE NORTH UNE OF HESS AVENUE TO A POINT ON THE SOUTH LINE LOT 67 OF CROSS ADDITION NO. 1; THENCE S.00'43'W., 50,0 FEET TO THE POINT OF BEGINNING.

ABOVE DESCRIBED VACATED RIGHT-OF-WAY CONTAINING 12,500 SQ. FT. AND/OR 0.287 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

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·Date:

To:

From:

Through:

Re:

Background:


April11, 2016


Derek Dowdell Assistant Planner


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13 and 17 Osceola Rezoning Recommendation from Planning Commission

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At their April 6, 2016 meeting, the Planning Commission held a public hearing and reviewed an

application for a Rezoning request, case number PF-16-21, 13 and 17 Osceola, two residential homes. During the public hearing, there were several comments. Chuck Johnson supported the

rezoning request. Several residents expressed their concern about people using the alleyway

that runs parallel to Huron Street to get to Telegraph Road. No additional comments were received. Following the public hearing, the Planning Commission moved to recommend

approval of the Rezoning application for PF-16-21 to the Mayor and City Council based on

Section 6.804 of the Zoning Ordinance.

City Council Action Requested In accordance with Section 6.802 of the Zoning Ordinance, the standard procedure for Rezoning

is a public hearing and review by the Planning Commission with a recommendation for action to

the City Council. As stated, the recommendation from the Planning Commission is approval of

the Rezoning request. The motion was approved on April 6, 2016.

The recommended rezoning for the property is from R-1, One-Family Dwelling to C-1, Local

Business District. The Properties are located near the Northeast corner of W. Huron Street and

Telegraph Road, behind the retail store Mr. Alan's.

The applicant is requesting the rezoning of two existing houses on Osceola Drive for the

purpose of redevelopment of the Mr. Alan's property which is located at the corner of N.

Telegraph and W. Huron Street (see proposed site plan}. These two houses will be removed and

sites rezoned to provide parking for the two new retail commercial buildings, one located on N. ·Telegraph and the second located on W. Huron (the existing Mr. Alan's building will be torn

down}. A map detailing the proposed zoning map amendment of the parcel is attached for

review. The Planning Commission department report for the rezoning application is attached as

well.

The purpose ofthis correspondence is to introduce tlie proposed ordinance, which has been·

reviewed and approved by the Deputy Mayor. Upon introduction, the Clerk shall distribute a

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copy to each Council member and to the Mayor1 and shall file a reasonable number of copies in the office of the Cl~rk and such other public places as the Council may designate, and shall publish a summary offhe proposed ordinance in a newspaper of general circulation in the City together with a notice of the time and place for consideration by the Council.

At the first meeting) the Council should pass a resolution setting a time and place for consideration of this proposed ordinance.

At the meeting where the proposed ordinance is considered, City Council is requested to adopt the following resolution:

Whereas, on Apr;/ 6, 2016, the Planning Commission held a public hearing and reviewed an application for rezoning of the residential properties 13 and 17 Osceola Drive, located near the Northeast corner of W Huron Street and Telegraph Road; and,

Whereas, on AprH 6, 2016, the Pontiac Planning Commission recommended that the existing One-Family Dwelling parcels at 13 and 17 Osceola Drive be rezoned; and,

Whereas, the Planning Commission finds that the proposed rezoning application appears to meet the approval criteria from Section 6.804 of the Zoning Ordinance; and

Now, therefore, be it resolved, that the Pontiac City Council accepts the recommendation of the Pontiac Planning Commission and adopts:

AN ORDINANCE TO AMEND APPENDIX B, OF THE MUNICIPAL CODE OF THE CITY OF PONTIAC TO AMEND ARTICLE 2, ZONING DISTRIClS AND PERMITTED USES, SECTION 2.103, ZONING MAP, TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR SPECIFIC PARCEL ID NUMBERS 14-30-351-032 AND 14-30-351-037, NEAR THE NORTHEAST CORNER OF WHURON STREET AND TELEGRAPH ROAD FOR REZONING.

Cifif·. of~P.ontiac Department of Planning

Date: March 18, 2016

To: PLANNING COMMISSION

From: Derek Dowdell, Assistant Planner

Re: PF-16-21; 13 and 17 Osceola Drive; Zoning Map Amendment

HEARING DATE: April 6, 2016

PROPERTY DESCRIPTION: 13 and 17 Osceola Drive, the properties are located near the Northeast corner ofW Huron Street and Telegraph Road, behind the retail store Mr. Alan's.

APPLICANT and PROPERTY OWNER: Alan Bishop

REQUEST: Zoning Map Amendment R-1, One-Family Dwelling to C-1, Local Business district

LEGAL DESCRIPTION: Sidwell# (s) 14-30-351-032 and 14-30-351-037

ZONING CLASSIFICATION: Subject Property: C-1, Local Business

. EXISTING lAND USE: R-1, Single family housing

PROPOSED LAND USE: Commercial parking

Relationship to Pontiac Master Plan {Future Land Use Map) Subject parcels: Neighborhood Commercial

· Adjacent: Neighborhood Commercial (North), Waterford Twp. (West},

Traditional Neighborhood Residential (East), Neighborhood Commercial, Traditional Neighborhood Residential (South)

Surrounding Existing Use and Zoning: North: R-1, One Family South: C-1, Local Business East: R-1, One Family and R-2Two Family and Terrace Family Dwelling West: C-1, Local Business

Zoning Ordinance Minimum Lot Requirements:

Min lot Area: Min Lot Width:

2,000 sq. ft. 20ft.

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2014 Master Plan Update

City·~f Pontiac Departmf:)nt of Planning

The area for thE: proposed zoning map amendment has been designated by the 2014 Master Plan Update as Neighborhood Commercial. The Future Land Use Map designation for the pr'oposed rezoning site is Neighborhood Commercial and the provisions are listed here below:

The Neighborhood Commercial/and use designation is intended for smaller scale commercial development that is designed to serve the needs of the surrounding neighborhood. The site design of neighborhood commercial areas and projects needs to enhance the pedestrian experience by creating human scale places. While accommodating parking, signage and landscaping is important, the key design aspect of any neighborhood commercial development is to improve walkability and nonmotorized access.

Maximum Building Height: 25 feet

Parking: Create shared parking areas and access drives wherever possible. Parking shall not front on a road without proper design (walls, landscaping) to separate parking areas from sidewalks/pedestrian areas.

Uses: Commercial- retail, office, restaurant, personal services1 civic/institutional, green production.

'

Appearance and Materials: No un~nished concrete or CMU block buildings visible from street. Masonry buildings must be finished with brick, decorative veneer, split face CMU or other product to be approved by the Planning Commission. Unfinished concrete block and external insulation systems such as DryVit and EIFS are limited to 10% of the building fac;ade. Buildings must have windows on the 1st floor level to encourage interaction with pedestrians. Solid fac;ades without any openings shall not be permitted.

The 2014 Master Plan allows for a greater flexibility than the previous master plan use designation. The Planning Commission may wish to consider this 2014 Master Plan when deciding this use designation rezoning request.

Department Comments/Conditions:

Department of Building: No comments or conditions received.

Water Resources Comm: No Comments or Conditions received.

Fire Department: No Comments or Conditions received.

Engineering Department: Plans must be submitted directly to Engineering for review.

Building Department: No Comments or Conditions received.


Section 6.804- Criteria for Amendment:

In considering any petition for an amendment to the official zoning map, the Planning Commission and

City Council shall consider any of the following criteria that apply to the application in making findings,

recommendations, and a decision. The Planning Commission and City Council may also take into account

other factors or considerations that are applicable to the application but are not listed below.

A. Consistency with the goals, policies and objectives of the Master Plan and any sub-area plans. If

conditions have changed since the Master Plan was adopted, consistency with recent development

trends in the area shall be considered. The proposed amendment is consistent with the 2014

Master Plan's goals and objective which designates the area as Neighborhood Commercial, which

is consistent with the proposed use. The Neighborhood Commercial land use designation is

intended for smaller scale commercial development that is designed to serve the needs of the

surrounding area.

B. Compatibility of the site's physical, geological, hydrological and other environmental features with

the uses permitted in the proposed zoning district. Proposed amendment may meet the criterion.

C. Evidence the applicant cannot receive a reasonable return on investment through developing the

property with one (1} or more of the uses permitted under the current zoning. It is quite possible

that the applicant can receive a reasonable return on the property. It is the desire of the applicant

to create a more appealing shopping experience by redeveloping the city's Western entry point.

D. Compatibility of all the potential uses af!owed in the proposed zoning district with surrounding uses

and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic

impacts, aesthetics, infrastructure and potential influence on property values. The proposed

amendment may meet the criterion. Properties to the west and the south of the proposed

amendment are currently zoned C~1 district.

E. The capacity of the City's utilities and services sufficient to accommodate the uses permitted in the

requested district without compromising the health, safety and welfare of the City. This proposed

amendment may meet the criterion.

F. The capability of the street system to safely and efficiently accommodate the expected traffic

generated by uses permitted in the requested zoning district. This proposed amendment may meet

the criterion.


G. The boundaries of the requested rezoning district are reasonable in relationship to surroundings and

construction on the site wilf be able to meet the dimensional regulations for the requested zoning

district. Proposed amendment may meet the criterion.

H. If a rezoning is appropriate, the requested zoning district is considered to be more appropriate from

the City's perspective than another zoning district. This proposed amendment meets the criterion.

I. If the request is for a specific use, rezoning the. land is considered to be more appropriate than

amending the list of permitted or special land uses in the current zoning district to allow the use. This

proposed amendment meets the criterion. Amending the list of permitted uses is not the

appropriate in this case.

J. The requested rezoning. will not create an isolated or incompatible zone in the neighborhood. The

proposed amendment meets the criterion. The rezoning would not create an isolated or

incompatible neighborhood.

PLANNING ANALYSIS:

The applicant is requesting the rezoning of two existing houses on Osceola Drive for the purpose of redevelopment of the Mr. Alan's property which is loca~ed at the corner of N. Telegraph and W. Huron Street (see proposed site plan). These two houses wfll be removed and sites rezoned to provide parking for the two new retail commercial buildi~gs, one located on N. Telegraph and the second located o.n W. Huron (the existing Mr. Alan's building will be torn down).

The 2014 Future Land Use Plan identifies the subject parcels as Neighborhood Commercial. This land use designation allows for smaller scale commercial development that is designed to serve the needs of the surrounding neighborhood,· which appears to be similar or compatible with the proposed use by the applicant. The proposed use is reasonably compatible with the type of uses in the area and along the Huron Street and Telegraph Road.

RECOMMENDATION:

To consider under what conditions the proposed re-zoning request for PF-16-21 (13 and 17 Osceola Drive) from R-1, One Family Dwelling District to C-1 Local Business District would be approved and recommend action by the Mayor and City Council.

To approve the Zoning Map Amendment for PF 16-21(13 and 17 Osceola Drive) and recommend approval to the City Council, subject to the following conditions listed:

1. Final approval of a Zoning Map amendment by City Council at a future date.

2. Rezoning tied to specific site plan.

3. Comf)liance with all required permits and requirements; Building code, fire and City of Pontiac

business licensing.

CITY OF PONTIAC ORDINANCE NO. xxxx

AN ORDINANCE TO AMEND APPENDIX B, OF THE MUNICIPAL CODE OF THE CITY OF PONTIAC TO AMEND ARTICLE 2, ZONING DISTRICTS AND PERMITTED USES, SECTION 2.103, ZONING MAP, TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR SPECIFIC PARCEL 10 NUMBERS 14-30-351-032 AND 14-30-351-037, NEAR THE NORTHEAST CORNER OF W HURON STREET AND TELEGRAPH ROAD FOR REZONING.

THE CITY OF PONTIAC ORDAINS:

Section 1. Amendments.

APPENDIX B OF THE CODE OF ORDINANCES, ARTICLE 2, ZONING DISTRICTS AND PERMITTED USES, SECTION 2.103, THE ZONING MAP OF THE CITY OF PONTIAC, IS AMENDED TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM R-1, ONEFAMILY DWELLING TO C-1, LOCAL BUSINESS DISTRICT AND ALLOW THE USES PERMITTED IN THAT ZONE DISTRICT FOR PARCEL JDENITIFICATJON NUMBER 14-30-351-032 and 14-30-351-037 LEGALLY DESCRIBED AS:

14-30-351-037 T3N, R10E, SEC 30 INDIAN VILLAGE LOTS 88 & 89 8-17-01 FR 030 & 031

14-30-351-032 T3N, R10E, SEC 30 INDIAN VILLAGE LOT 90

Section 2. Severability. If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional, void, illegal, or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 3. Saving Clause. A prosecution which is pending on the effective date of this ordinance and which arose from a violation of an ordinance repealed by this ordinance, or a prosecution which is started within one (1) year after the effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance and which was committed prior to the effective date of this ordinance, shall be tried and determined exactly as if the ordinance had not been repealed.

Section 4. Repealer. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 5. Publication. The Clerk shall publish this Ordinance in a newspaper of general circulation.

Section 6. Effective Date. This Ordinance shall be effective ten days after date of adoption by the City Council.

13 Osceola and 17 Osceola, REZONING, Page 1 of 1

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Date:

To:

From:

Through:

Re:

Background:

City· of Pontiac Department of Planning

April11, 2016


C. James Sabo, AICP

Professional Planner


300 W. Huron Street, Former Central High School building and site Rezoning Recommendation from Planning Commission

. ' "

C.)

At their April 6, 2016 meeting, the Planning Commission held a public hearing and reviewed an

application for a Rezoning request, case number PF-16-16, 300 W. Huron, former Pontiac Central High School building and surrounding land on the site. During the public hearing, there

were several comments. Chuck Johnson supported the rezoning request. Ken Burch spoke in

support of Lee Contracting, but asked the Planning Commission to pause and look at the larger

picture. He expressed concern about later uses at the site, such as fast food restaurants. He was

also concerned about industrial uses at the site. Sonya Malone asked if the building was stable and not sinking. She was concerned about industrial use of the property. Scott Haughton was

concerned about the appearance of the building. He asked if public access to the tennis courts

would be allowed. Hugo Cruz asked about the appearance of the building and about restrictions

on the type of work being done in the building. No additional comments were received.

Following the public hearing, the Planning Commission moved to recommend approval of the Rezoning application for PF-16-16 to the Mayor and City Council based on Section 6.804 of the

Zoning Ordinance.

City Council Action Requested

In accordance with Section 6.802 ofthe Zoning Ordinance, the standard procedure for Rezoning is a public hearing and review by the Planning Commission with a recommendation for action to the City Council. As stated, the recommendation from the Planning Commission is approval of

the Rezoning request. The motion was approved on April 6, 2016.

The recommended rezoning for the property is from R-1 One-Family Dwelling and R-3 Multiple

Family Dwelling to MUD Mixed-Use district. The property is located at the northwest corner of

State Street and West Huron Street (M-59).

The applicant proposes to remodel the interior space of the former school building and · repurpose the building for several mixed uses, including skilled trades training classes, office

uses, industrial equipment staging and validation, and light assembly type uses. A map detailing

rn 0

the proposed zoning map amendment of the parcel is attached for review. The Planning Commission department report for the rezoning application is attached as well.

· The purpose of this correspondence is to introduce the proposed ordinance, which has been reviewed and approved by the Deputy Mayor. Upon introduction, the Clerk shall distribute a copy to each Council member and to the Mayor, and shall file a reasonable number of copies in the office of the Clerk and such other public places as the Council may designate, and shall publish a summary ofthe proposed ordinance in a newspaper of general circulation in the City together with a notice ofthe time and place for consideration by the Council.

At the first meeting, the Council should pass a resolution setting a time and place for consideration ofthis proposed ordinance.

At the meeting where the proposed ordinance is considered, City Council is requested to adopt

the following resolution:

Whereas, on April 6, 2016, the Planning Commission held a public hearing and reviewed an application for rezoning of the former Pontiac Central High School property at 300 W. Huron Street near the intersection of State Street and W. Huron Street; and,

Whereas, on April 6, 2016, the Pontiac Planning Commission recommended that the existing One-Family Dwelling and Multiple-Family Dwelling parcel at 300 W. Huron Street be rezoned; and,


Now, therefore, be it resolved, that the Pontiac City Council accepts the recommendation of the Pontiac Planning Commission and adopts:

AN ORDINANCE TO AMEND AP.PENDIX B, OF THE MUNICIPAL CODE OF THE CITY OF PONTIAC TO AMEND ARTICLE 2, ZONING DISTRICTS AND PERMITTED USES, SECTION 2.1.03, ZONING MAP, TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR A SPECIFIC PARCEL ID NUMBER 1.4-29-332...003 AT THE NORTHWEST CORNER OF STATE STREET AND WEST HURON STREET FOR REZON lNG.

Date:

To:

From:

Re:

Applicant:


March 15, 2016

Pontiac City Planning Commission


PF 16-16 (ZMA 16"16) 300 W. Huron Street

·csl, LLC 631 CesarE. Chavez Pontiac, Ml 48342

·Property Addresses: 300 W. Huron Street, Pontiac Central High School Building

Request: Zoning Map Amendment request to change the zoning for the high school building from R-1 One-Family Dwelling and R-3 Multiple-Family Dwelling to MUD, Mixed-Use Dfstrict. The request is to rezone the entire 20 acre parcel for the prior school site. The applicant is seeking greater flexibility of land uses for future development of the property.

Legal Description: Parcel# 14-29-332-003

Zoning: R-1, One-Family Dwelling and R-3, Multiple-Family Dwelling

Existing Umd Use: Vacant building, former Pontiac Central High School building and property

Proposed Land Use: Office use, training facility, light assembly and manufacturing; additionally, industrial prototype validation. Currently, there are two separate zoning districts that comprise the former high school site; R-1 district a Iori& Huron Street and R-3 along State Street. The applicant will provide a brief description of some minor exterior changes to the building as well, including exterior paint, front entry and windows changes.

Relationship to Pontiac Master Plan (Future Land Use Map): Subject Parcel: Civic-Public Use Adj~~QJ:; Qfjir;e-Hospitai-Heafthcare (south}, Traditional Neighborhood Residential

Surrounding Existing Use and Zoning:

North side: R-2, R-3, Multiple Family Residential South side: R-3, C-0, Multiple Family and Commercial Office

West side: East side:

R-1, R-2, R-3, One-Family and Multiple Family Residential C-1, Local Business and C-3, Corridor Commercial


We are providing an analysis of the proposed zoning map amendment as it relates to the 2014 Master Plan Update. The proposed Future Land Use Map designation for the proposed rezoning site is Civic-Public Use, and the provisions are listed here:

Civic-Public Use: This land use designation includes areas used for civic and institutional purposes. Public use includes all fire stations operated by the Waterford Fire Department, all stations and substations operated by the Oaklan.d County Sherrift Pontiac Public Library, all currently open schools operated by the Pontiac School District, and the Oakland County Service Centers and municipal campus.

Maximum Building Height: No maximum. Parking: Where possible, parking should be in the rear of buildings or otherwise separated from the street frontage. Uses: Municipal or County office buildings, public safety buildings; schools, library, civic center. Appearance and Materials: Civic. and institutional use buildings should be designed to promote

the desired image ofthe City. All buildings should be located so they are easily accessible and visible from public streets. Materials should be high quality and traditional. All public use buildings should be LEED certified green buildings whenever possible and should always be as energy-efficient as current technology allows.

In summary, .the 2014 Master Plan Future Land Use designation for Civic-Public Use does not allow added flexibility with the respect to future uses at the previous school site location. However, the Planning Commission may wish to prudently consider potential future uses at the Pontiac Central High School when rendering a decision about possible rezoning.

Department Comments:

Engineering Department: Sanitary and storm sewer capacity requirements will be reviewed in greater detail during final site plan review.

Water Department:

Fire Department:

Water capacity will be reviewfid in greater detail during final site plan review.

Must meet all applicable Fire Codes.

Building Department: Must meet all International BOCA standards for construction.

Section 6.804-Criteria for Amendment:

Proposed zoning map amendments are reviewed against the following criteria for amendment. The Planning Commission and City Council shall consider any of the listed criteria. that apply to an application in making recommendations and decisions. The Planning Commission and City Council may take other factors into consideration that are applicable, but not listed here.

A. Consistency with the goals, policies and objectives of the Master Plan and any sub-area plans. If conditions have changed since the Master Plan was adopted, consistency with recent development trends in the area shall be considered. The proposed amendment is not consistent with the goals and objectives of the master plan. The future land use map designates the area as Public-Civic Use and calls for a potential Civic or Community facility. However, it should be noted that the existing City Hall and Public Safety Building area along Woodward Avenue is the designated Civic Center campus area for Pontiac. Both City Hall and the Public Safety building have acted as the Civic Center campus since approximately 1955.

B. Compatibility of the site's physical, geological, and hydrological and other environmental features with the uses permitted in the proposed zoning district. Proposed amendment appears to maintain compatibility with physical and environmental features of the former high school campus area. The uses in the proposed MUD mixed-use zone district will be reasonably compatible with the existing land uses in the immediate area, as the intended uses are proposed within an enclosed building. The proposed MUD zone allows uses that are more intensive than those uses permitted in the current R-1 and R-3 zone districts. It should be noted that a high school campus use is more intensive than single or multiple family residential uses as well.

C. Evidence the applicant cannot receive a reasonable return on investment through developing the property with one (1) or more of the uses permitted under the current zoning. No specific evidence has been provided that the applicant is unable to receive a reasonable return on investment. However, it should be noted that the property has been zoned residential, but not utilized as residential during its life as a public school. The applicant proposes a zoning map amendment for adaptive reuse of the building under MUD zoning versus attempting to develop the property as residential. Adaptive reuse of the former school building appears to be a reasonable approach.

D. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence on prope1ty values. The potential uses of the proposed MUD zone appear to be compatible with the surrounding uses and zoning. The proposed zoning will allow uses that are somewhat similar in intensity to that of an active high school campus. There will likely be much less employee and trainee activity than during previous high school use.

. . E. The capacity of the City's utilities and services sufficient to accommodate the uses permitted in the

requested district without compromising the health, safety and welfare of the City. Meets this criterion.

F. The capability of the street system to safely and efficiently accommodate the expected traffic generated by uses permitted in the requested zoning district. Meets this criterion.

,., :·· !·:

G. The boundaries of the requested rezoning district are reasonable in relationship to surroundings and construction on the site. will be able to meet the dimensional regulations for the requested zoning district. Meets 'this criterion, no. eXterior changes to the building footprint have been proposed. However, the MUD zone would allow commercial uses on portions of the site. It should be noted that most zoning along Huron Street is commercial.

H. If a rezoning is appropriate, the requested zoning district is considered to be more appropriate from the City's perspective than another zoning district. May meet this criterion. The least intensive zone district is residential .. Any change in zoning will allow a more intensive use. However, proposed uses for the site are indoors. C-1 or C-3 zone districts would allow similar type uses. MUD appears to be a reasonable zone district for the proposed repurpose of the former high school property.

· !. If the request is for a specific use, rezoning the land is considered to be more appropriate than amending the list of permitted or special/and uses in the current zoning district to allow the use. Meets this criterion. Amending the list of permitted uses is not appropriate in this case.

J. The requested rezoning will not create an isolated or incompatible zone in the neighborhood. Meets this criterion. The proposed rezoning does not create and isolated or incompatible zone as it mirrors the current allowable mix of uses.

Planning Department Analysis:

The applicant states the reason for the zoning map amendment is to provide flexibility to allow several different types of uses to occur simultaneously at the former Pontiac Central location. They propose a skilled trades training school, office use, research facilities, and small assembly or fabrication type uses. The MUD zone district allows these types of uses.

The proposed rezoning will allow an adaptive reuse project for the building, which was closed in 2009. Th.e proposed repurposing of the building has potential to ge!lerate jobs and tax revenue

·for the City. The 2014 Future Land Use Plan for the subject parcel is shown as Civic-Public Use. This land use designation includes civic, municipal, and government uses. The proposed MUD zone is not specifically compatible with the designated future use plan. However, it should be noted that the recognized and designated Civic Center area for Pontiac ·is the City Hall and Public Safety Building complex. In this case, a zoning map amendment appears to be a reasonable request as it allows greater flexibility for development at the former Pontiac Central location.

Recommendation:

To approve the proposed Zoning Map Amendment request for PF-16-16, 300 W. Huron Street from R-1, One-Family Dwelling and R-3, Multiple-Family Dwelling district to MUD, Mixed Use District and to recommend approval to the Mayor and City Council subject to:

1. Compliance with building code, fire code, water resource, and city engineering requirements for construction at the site.

2. Compliance ·with any Site Plan Review and Special Exception Permit standards. 3. Compliance with all Pontiac business licensing requirements.


AN ORDINANCE TO AMEND APPENDIX B, OF THE MUNICIPAL CODE OF THE CITY OF PONTIAC ~0 AMEND ARTICLE 2, ZONING DISTRICTS AND PERMITTED USES, SECTION 2.103, ZONING MAP, TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR A SPECIFIC PARCEL ID NUMBER 14-29~332-003 AT THE NORTHWEST CORNER OF STATE STREET AND WEST HURON STREET FOR REZONING.



Appendix B of the Code of Ordinances, Article 2, Zoning Districts and Permitted Uses, Section 2.103, the Zoning Map of the City of Pontiac, is amended to CHANGE THE ZONING DISTRICT CLASSIFICATION FROM R-1 ONE FAMILY DWELLING and R-3 MULTIPLE FAMILY DWELLING DISTRICT TO MUD MIXED-USE DISTRICT AND ALLOW THE USES PERMITTED IN THAT ZONE DISTRICT FOR PARCEL IDENITIFICATION NUMBER 14-29-332-003 LEGALLY DESCRIBED AS:

T3N, R10E, SEC 29 ASSESSOR'S PLAT NO 126 LOTS 1 TO 33 INCL, ALSO ALL OF VAC WASHINGTON ST LYING W OF SWLY LINE OF STATE ST & ELY OF ELY LINE OF PRALL ST, ALSO LOTS 1 TO 441NCL OF 'CLOSE'S.SUB.' EXC THAT PART OF LOTS 1 TO 3 LYING SELY OF LINE BEG AT PT ON W LOT LINE OF LOT 3 LOC NLY 25FT FROM SW LOT COR, TH NELY TO PT OF ENDING AT NE COR OF SD LOT 3, ALSO EXC NELY 5 FT OF LOT 3, ALSO EXC SLY 25 FT OF LOTS 1 TO 12 INCL, ALSO EXC SLY 15 FT OF LOTS 13 TO 18 INCL 3-19-98 FR 002

Section 2. Severability. If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional, void, illegal, or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 3. Saving Clause. A prosecution which is pending on the effective date of this ordinance and which arose from a violation of an ordinance repealed by this ordinance, or a prosecution which is started within one {1) year after the effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance and which was committed prior to the effective date of this ordinance, shall be tried and determined exactly as if the ordinance had not been repealed.

Section 4. Repealer. . All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 5. Publication. The Clerk shall publish this Ordinance in a newspaper of general circulation.

Section 6. Effective Date. This Ordinance shall be effective ten days.afte:r ~ate of adoption by the City Council.

300 West Huron, REZONING, Page 1 of 1

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Date:

To:

From:

Through:

· Re:

Background:


May 11,2016


Derek Dowdell Assistant Planner


431 and 425 N. Perry Rezoning Recommendation from Planning Commission

At their May 4, 2016 meeting, the Planning Commission held a public hearing and reviewed an ·

application for a Rezoning request, case number PF-16-26, 431 and 425 N. Perry, two

residential (R-2) lots. During the public hearing, several residents voiced their support for the rezoning request. No additional comments were received. Following the public hearing, the

Planning Commission moved to recommend the Rezoning application for PF-16-26 to the

Mayor and City Council based on Section 6.804 ofthe Zoning Ordinance.

City Council Action Requested

In accordance with Section 6.802 of the Zoning Ordinance, the standard procedure for Rezoning

is a public hearing and review by the Planning Commission with a recommendation for action to

the City Council. As stated, the recommendation from the Planning Commission is approval of

the Rezoning request. The motion was approved on May 4, 2016.

The recommended rezoning for the properties is approval at 431 and 425 N. Perry St. to commercial, with the remaining lots to be conditionally rezoned commercial from R-2, OneFamily and Terrance Family Dwelling to C-1, Local Business District. The vacant properties are

located on the Westside of N. Perry St. near the Southwest corner of N. Perry St. and

Chamberlain St.

The applicant proposes the rezoning of two vacant parcels for the purpose of developing the

area. The applicant would like to create a parking lot for his store at 441 N. Perry Street. A map

detailing the proposed zoning map amendment of the parcel is attached for review. The

Planning Commission department report for the rezoning application is attached as well.

The purpose of this correspondence is to introduce the proposed ordinance, which has been

reviewed and approved by the Deputy Mayor. Upon introduction, the Clerk shall distribute a

copy to each Council member and to the Mayor, and shall file a reasonable number of copies in

the office of the Clerk and such other public places as the Council may designate, and shall publish a summary of the proposed ordinance in a newspaper of general circulation in the City

together with a notice of the time and place for consideration by the Council.

At the first meeting, the Council should pass a resolution setting a time and place for consideration of this proposed ordinance.

At the meeting where the proposed ordinance is considered, City Council is requested to adopt the following resolution:

Whereas, on May 4, 2016, the Planning Commission held a public hearing and reviewed an application for rezoning of 431.and 425, N. Perry St., the vacant properties are located on the Westside of N. Perry St. near the Southwest corner of N. Perry St. and Chamberlain St.; and,

Whereas, on May 4, 2016, the Pontiac Planning Commission recommended that properties 431 and 425 N. Perry, One-Family and Terrace Family Dwelling be rezoned; and,


Now, therefore, be it resolved, that the Pontiac City Council accepts the recommendation of the Pontiac Planning. Commission and adopts:

AN ORDINANCE TO AMEND APPENDIX B, OF THE MUNICIPAL CODE OF THE CITY OF PONTIAC TO AMEND ARTICLE 2, ZONING DISTRICTS AND PERMmED USES, SECTION 2.103, ZONING MAP, TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR SPECIFIC PARCEL ID NUMBERS 14-28-103..()18 AND 14-28-103..()19 AT THE SOUTHWEST CORNER OF N. PERRY STREET AND CHAMBERLAIN STREET FOR REZONING.

City of Pontiac ·Department of Planning

Date: April 27, 2.016

To: PLANNING COMMISSION

From: Derelc Dowdell, Assistant Planner

Re: PF-16-26; 431,425A2.1,413 N. Perry St.; Zoning Map Amendment

HEARING DATE: May 4, 2016

PROPERTY DESCRIPTION: 431,425,421,413 N. Perry St., the vacant properties are located on the Westside of N. Perry St. near the Southwest corner of N. Perry St. and Chamberlain St.

APPLICANT and PROPERTY OWNER: Justin Yono

REQUEST: Zoning Map Amendment R-2, Two-Family Dwelling to C-1, Local Business district

LEGAL DESCRIPTION: Sidwell# (s) 14-28-103-018, 14-28-103-019, 14-28-103-020, 14-28-103-021

ZONING CLASSIFICATION:

Subject Property: C-1, Local Business

EXISTING LAND USE; R-2, Two- Family Dwelling

PROPOSED LAND USE: Commercial parking, Future development

Relationship to Pontiac Master Plan (Future Land Use Map) Subject parcels: Traditional Neighborhood Residential

Adjacent: Neighborhood Commercial (North), Neighborhood Commercial /Traditional Neighborhood Residential (East), Traditional Neighborhood Residential {South), Traditional Neighborhood Residential (West}

Surrounding Existing Use and Zoning:

North: R-1, One Family; C-1, Local Business South: R-2., Two Family and Terrace Family; R-1, One Family Dwelling

East: C-1, Local Business; R-1, One Family West: R-2., Two Family and Terrace Family; R-1, One Family Dwelling

Zoning Ordinance Minimum Lot Requirements:

C-1, local Business

Min Lot Area:

Min lot Width:

2,000 sq. ft.

20ft.


City of·Pontiac Department of Planning

The area for the proposed zoning map amendment has been designated by the 2014 Master Plan Update and Future Land Use Map as Traditional Neighborhood Residential. The Traditional Neighborhood Residential and the provisions are listed here below:

This land use category is intended to plan for traditional patterns of urban neighborhoods. These areas allow a range of building styles and guidelines seek to replicate Pontiac's traditional neighborhood development pattern.

Buildings within this category include two and three-story duplexes and tri-plexes, row houses (attached townhouses}, two-story quad-plex apartments and detached single family homes on a wide range of lot sizes. This designation includes most ofthe City's traditionally single-family neighborhoods. -

These neighborhoods are meant to be built to a human· scale and to prioritize people (pedestrians and bicycles). Historically, these neighborhoods were anchored by a school or a park. A range of community uses have replaced the traditional anchors and flexibility is encouraged to allow for communitygenerated development to create new anchors or anchor institutions.

Maximum Building Height: 36 feet

Parking:

Garages should not protrude beyond the front fa~ade of the building, and should be located in rear or side yards or as detached buildings in the rear of the main dwelling. Garages may be accessible from a service alley. The building form and setbacks should reflect the surrounding block. Lawn areas are unsuitable for parking.

Front Porches:

Unenclosed front porches should be allowed to encroach into the front yard setback area.

Uses: Only residential and civic uses are permitted in the TNR areas. Attached Single family residential buildings (up to 3 attached units) will be permitted where such use does not adversely impact the established character of the neighborhood.

Appearance and Materials:

Roofforms and building materials should be compatible with the. existing architectural character ofthe neighborhood.

The 2014 Master Plan allows for a greater flexibility than the previous master plan use designation. The Planning Commission may wish to consider this 2014 M~ster Plan when deciding this use designation rezoning request.


Department Comments/Conditions:

Department of Building: No comments or conditions received.

Water Resources Comm: No Comments or Conditions received.

Fire Department: No Comments or Conditions received.

Engineering Department: Plans must be submitted directly to Engineering for review.

Building Department: No Comments or Conditions received.

Section 6.804- Criteria for Amendment:

In considering any petition for an amendment to the official zoning map, the Planning Commission and

City Council shall consider any of the following criteria that apply to the application in making findings,

recommendations, and a decision. The Planning Commission and City Council may also take into account

other factors or considerations that are applicable to the application but are not listed below.

A. Consistency with the goals, policies and objectives of the Master Plan and any sub-area plans. If conditions have changed since the Master Plan was adopted, consistency with recent development

trends in the area shall be considered. The proposed amendment is not consistent with the 2014

Master Plan's goals and objective which designates the area as Traditional Neighborhood

Residential.

B. Compatibility of the site's physical, geological, hydrological and other environmental features with

the uses permitted in the proposed zoning district. Proposed amendment may meet the criterion.

C. Evidence the applicant cannot receive a reasonable return on investment through developing the

property with one {1) or more of the uses permitted under the current zoning. It is quite possible

that the applicant can receive a reasonable return on the property. It is the desire of the applicant

to create additional parking for his store located at the northwest corner of N. Perry St. and

Chamberlain St. {441 N. Perry St.) with development of the remaining lots at a future time.

D. Compatibility of all the potential uses allowed in the proposed zoning district with surrounding uses

and zoning in terms of land suitability, impacts on the environment, density, nature of use, traffic

impacts, aesthetics, infrastructure and potential influence on property values. The proposed

amendment may meet tbe criterion. Properties to the northwest and the southeast of the

proposed amendment are currently zoned C-1 district.


E. The capotity of the City's. utilities and services sufficient to accommodate the uses permitted in the

requested district without compromising the health safety and welfare of the City. This proposed

amendment may meet the criterion.

F. The capability of the street system to safely and efficiently accommodate the expected traffic

generated by uses permitted in the requested zoning clistrict. This proposed amendment may meet

the criterion.

G. The boundaries of the requested rezoning district are reasonable in relationship to surroundings and

construction on the site will be able to meet the dimensional regulations for the requested zoning

district. Proposed amendment may meet the criterion.

H. If a rezoning is appropriate, the requested zoning district is considered to be more appropriate from

the City's perspective than another zoning district. This proposed amendment meets the criterion.

I. If the request.is for a specific use, rezoning the land is considered to be more appropriate than

amending the list of permitted or spedalland uses in the current zoning district to allow the use. This

proposed amendment meets the criterion. Amending the fist of permitted uses is not the

appropriate in this case.

J. The requested rezoning will not create an isolated or incompatible zone in the neighborhood. The

proposed amendment meets the criterion. The rezoning would not create an isolated or

incompatible neighborhood.

PLANNING ANALYSIS:

The applicant is requesting the rez.oning of four vacant parcels for the purpose of developing the area. The first phase of development would be to create a parking lot for the applicant's store at 441 N. Perry Street and in a second phase, he would develop the other parcels at future time.

The 2014 Future Land Use Plan identifies the subject parcels as Traditional Neighborhood Residential. This land use category is intended to plan for traditional patterns of urban neighborhoods. These neighborhoods are meant to be built to a human scale and to prioritize people (pedestrians and bicycles}.

The proposed C-1, Local Business land use designation allows for smaller scale commercial development that is designed to serve the needs of the surrounding neighborhood, currently there is C-1 zoning to the North and Southeast of the parcels the applicant wishes to rezone. The proposed use is reasonably compatible with the type of uses in the area and along N. Perry St., but the rezoning does not relate the vision ofthe 2014 Future Land Use Plan. ·

RECOMMENDATION:

City of Pontiac Depart_ment of Planning

To consider under what conditions the proposed re-zoning request for PF-16-26 (431,425,421,413 N. Perry St.) from R-2, Two Family and Terrace Family Dwelling District to C-1 Local Business District would be approved and recommend action by the Mayor and City Council.

To consider the Zoning Map Amendment for PF 16-21(431,425,421,413 N. Perry St.) and consider a recommendation to the Mayor and City Council, subject to the following conditions listed:

1. Final approval of a Zoning Map amendment by City Council at a future date.

2. Rezoning tied to specific site plan.

3. Compliance with all required permits and requirements; Building code, fire and City of Pontiac

business licensing.

OR,

To deny the Zoning Map Amendment request for PF-16-26 (431,425,421,413 N. Perry St.} as the

proposed zoning amendment does not meet the approval criteria from Section 6.804.

•.:

Parcels 14-28-103-018 14-28-103-019 14-28-103-020 14-28-103-021


FUTURE LAND USE MAP (N. Perry St. Area)

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AN ORDINANCE TO AMEND APPENDIX B, OF THE MUNICIPAL CODE OF THE CITY OF PONTIAC TO AMEND ARTICLE 2, ZONING DISTRICTS AND PERMITTED USES, SECTION 2.103, ZONfNG MAP, TO CHANGE THE ZONING DISTRICT CLASSIFICATIONS FOR SPECIFIC PARCEL ID NUMBERS 14-28-103-018 AND 14-28-103-019 AT THE SOUTHWEST CORNER OF N. PERRY STREET AND CHAMBERLAIN STREET FOR REZONING.



APPENDIX B OF THE CODE OF ORDINANCES, ARTICLE 2, ZONING DISTRICTS AND PERMITTED USES, SECTION 2.103, THE ZONING MAP OF THE CITY OF PONTIAC, IS AMENDED TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM R-2, TWOFAMILY AND TERRACE FAMILY DWELLING TO C-1, LOCAL BUSINESS DISTRICT AND ALLOW THE USES PERMITTED IN THAT ZONE DISTRICT FOR PARCEL IDENITIFICATION NUMBERS 14-28-103-018 AND 14-28-103-019 AND LEGALLY DESCRIBED AS:

14-28-103-018 T3N, RiOE, SEC 28 ASSESSOR'S PLAT NO. 24 LOT 1 EXCTHAT PT LYING SELY OF THE NWLY Ll OF PERRY ST AS NOW LAID OUT & EST

14-28-103-019 T3N, R10E, SEC 28 ASSESSOR'S PLAT NO. 24 LOT 2 EXC THAT PT LYING SELY OF THE NWL Y U OF PERRY ST AS NOW LAID OUT & EST

Section 2. Severability.

If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional, void, illegal, or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 3. Saving Clause.

A prosecution which is pending on the effective date of this ordinance and which arose from a violation of an ordinance repealed by this ordinance, or a prosecution which Is started within one (1) year after the effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance and which was committed prior to the effective date of this ordinance, shall be tried and determined exactly as if the ordinance had not been repealed .

. Section 4. Repealer.

All Ordinances or parts of Ordinances in conflict herewith are herebY. repealed only to the extent necessary to give this Ordinance full force and effect. ···- · ·

431 and 425 N_ Peny, REZONING, Page 1 of2

Section 5. Publication.

The Clerk shall publish this Ordinance in a newspaper of general circulation.

Section 6. Effective Date.

This Ordinance shall be effective ten days after date of adoption by the City Council.

431 and 425 N. Perry, REZONING, Page 2 of 2

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AOORESS: 425 N P~RRY ST. SIDWEll NUMBER 1A-28-103-019

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ADO!\~~: 421 N PERRY .ST. l StoWELl NUMBER 14-2&-103-02Ct

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ADDRESS: 413 N PERRY ST. SIDWEtL NUMBER 14-28-1(lj-021

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