auburn hills meeting schedule - City of Auburn Hills

AUBURN HILLS MEETING SCHEDULE   248.370.9402  www.auburnhills.org   

FEBRUARY 2017 (2-15-17)

 

09

Zoning Board of Appeals, 7:00 p.m., Council Chamber

13

City Council, 7:00 p.m., Council Chamber 

14

Tax Increment Finance Authority, 4:00 p.m.,

15

Planning Commission, 7:00 p.m., Council Chamber 

20

Downtown Development Authority, 5:30 p.m., Admin Conference Room 

22

Beautification Advisory Commission, 6:00 p.m., Council Con Room RESCHEDULED

23

Library Board, 7:00 p.m., Auburn Hills Public Library 

27

City Council, 7:00 p.m., Council Chamber 

28

Brownfield Redevelopment Authority, 6:00 p.m., Admin Conference Room  RESCHEDULED

CANCELLED

                    

CANCELLED

 

 City Council Chamber (Conf. Rm.) – 1827 N. Squirrel Road  Administrative Conference Room – 1827 N. Squirrel Road  Public Safety Building – 1899 N. Squirrel Road  Community Center – 1827 N. Squirrel Road  Department of Public Services (DPS) – 1500 Brown Road

 Fieldstone Golf Course - 1984 Taylor Road

Library - 3400 Seyburn Drive  Downtown City Offices – 3395 Auburn Road, Suite A  University Center, 3350 Auburn Road, Main Floor, Classroom AHUC-02

AUBURN HILLS MEETING SCHEDULE  248.370.9402  www.auburnhills.org   



MARCH 2017 (2-21-17)

09

Zoning Board of Appeals, 7:00 p.m., Council Chamber CANCELLED

13

City Council Workshop, 5:30 p.m., Admin Conference Room 

13

City Council, 7:00 p.m., Council Chamber 

14

Tax Increment Finance Authority, 4:00 p.m., Admin Conference Room

15

Pension Board, 3:00 p.m., Admin Conference Room

15

Retiree Health Care, 3:00 p.m., Admin Conference Room

15

Beautification Advisory Commission, 6:00 p.m., Council Conference Room 

15

Planning Commission, 7:00 p.m., Council Chamber 

20

Downtown Development Authority, 5:30 p.m., Admin Conference Room 

21

Brownfield Redevelopment Authority, 6:00 p.m., Admin Conference Room 

23

Library Board, 7:00 p.m., Auburn Hills Public Library 

27

City Council, 7:00 p.m., Council Chamber 

 City Council Chamber (Conf. Rm.) – 1827 N. Squirrel Road  Administrative Conference Room – 1827 N. Squirrel Road  Public Safety Building – 1899 N. Squirrel Road  Community Center – 1827 N. Squirrel Road  Department of Public Services (DPS) – 1500 Brown Road

 Fieldstone Golf Course - 1984 Taylor Road

Library - 3400 Seyburn Drive  Downtown City Offices – 3395 Auburn Road, Suite A  University Center, 3350 Auburn Road, Main Floor, Classroom AHUC-02



The City of Auburn Hills Regular City Council Meeting Monday, February 27, 2017 ♦ 7:00 p.m. Council Chamber  1827 N. Squirrel Road  Auburn Hills MI 248-370-9402  www.auburnhills.org

1. 2. 3. 4.

MEETING CALLED TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF COUNCIL APPROVAL OF MINUTES 4a. Regular City Council – February 13, 2017 5. APPOINTMENTS AND PRESENTATIONS 5a. Motion - Appointment of James Buster to Zoning Board of Appeals 6. PUBLIC COMMENT 7. CONSENT AGENDA All items listed are considered to be routine by the City council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

7a. Board and Commission Minutes 7a1. Minutes of Planning Commission Meeting of February 15, 2017. 8. OLD BUSINESS 8a. Public Hearing and Second Reading - ordinance amendment Alcohol in the Parks 8b. Public Hearing and Second Reading Motion – Second Ordinance Amending Parks Alcohol 9. NEW BUSINESS 9a. Motion - Approve resolution to join the Michigan Cooperative Liquid Asset Security System (CLASS) Investment Pool 9b. Motion – Approval of Site Plan and Tree Removal Permit / Pacific Drive Development 9c. Motion – Approval of a text amendment to the Zoning Ordinance / Article IV. R-1A, R-1B, R-1C, R1, R-2, R-3, and R-4 One Family Residential Districts 9d. Motion – Approval of a text amendment to the Zoning Ordinance / Section 1836. Universal Design and Visitability 9e. Motion – Approval of a text amendment to the Zoning Ordinance / Section 1830. Planned Unit Development Option 10. COMMENTS AND MOTIONS FROM COUNCIL 11. CITY ATTORNEY’S REPORT 12. CITY MANAGER’S REPORT 13. ADJOURNMENT City Council meeting minutes are on file in the City Clerk’s Office. NOTE: Anyone planning to attend the meeting who has need of special assistance under the Americans with Disabilities Act (ADA) is asked to contact the City Clerk's Office at 248.370.9402 or the City Manager's Office at 248.370.9440 48 hours prior to the meeting. Staff will be pleased to make the necessary arrangements.

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AGENDA ITEM NO. 4A.

The City of Auburn Hills City Council Meeting DRAFT Minutes February 13, 2017 Mayor McDaniel at 7:00 p.m. City Council Chamber, 1827 N. Squirrel Road, Auburn Hills, MI 48326 Present: Mayor McDaniel, Council Members Burmeister, Hammond, Kittle, Knight, and Verbeke Absent: Mitchell Also Present: City Manager Tanghe, Assistant City Manager Grice, Police Chief Olko, City Clerk Kowal, City Assessor Griffin, Director of Public Works Melchert, Finance Director/Treasurer Schulz, Director of Authorities Mariuz, Recreation Director Marzolf, Senior Director Adcock, Senior Admin. Asst. Leonard, City Attorney Beckerleg, City Engineer Juidici. 19 Guests Mayor McDaniel noted that Ms. Mitchell will not be in attendance at this meeting as she is traveling for business. 4. APPROVAL OF MINUTES 4a. Regular City Council – January 13, 2017 Moved by Verbeke; Seconded by Burmeister. RESOLVED: To approve the January 13, 2017 City Council meeting minutes. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.017 Motion Carried (6 - 0) CALL TO ORDER: LOCATION:

4b. Executive Session Minutes - November 14, 2016; December 12, 2016; January 23, 2017 Moved by Knight; Seconded by Verbeke. RESOLVED: To approve the November 14, 2016; December 12, 2016; January 23, 2017 City Council executive session meeting minutes. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.018 Motion Carried (6 - 0) 5. APPOINTMENTS AND PRESENTATIONS 5a. Motion – Reappointment of Molnar and Price to the Tax Increment Finance Authority Board of Directors. Mayor McDaniel stated that these are reappointments and the committee members are not required to attend the Council meeting. David Molnar explained that he is the current vice-chair. During his tenure on the Board, the board has accomplished many significant items such as the University Bridge with the divergent diamond interchange, among many other excellent projects. If reappointed, he intends to work closer with the different departments of the City so that the Board is involved earlier in the development stages and improve the communication in order to quickly approve or recommend changes in order to obtain the financing for the projects. O:\Clerks\CITY

COUNCIL\MINUTES\2017 Cc Minutes\COVER MEMO For Draft Minutes.Docx

Page 2

Moved by Knight; Seconded by Verbeke. RESOLVED: To confirm the reappointment of David Molnar and Dawn Price to the Tax Increment Finance Authority Board of Directors for terms ending February 28, 2021. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.019 Motion Carried (6 - 0) Mayor McDaniel thanked Mr. Molnar and the TIFA Board for their leadership and dedication to the residents of the City 5b. Presentation by AndCo Consulting - Review of the City’s Current Managed Cash Position George Vitta, the City’s investment consultant, summarized the 2016 Fourth Quarter Investment Report. He explained that the negative return of 0.36 for the quarter is not a realized loss, but a change in the market value for all of the investments for the quarter. When interest rates increase, the values of the securities decrease. The majority of the investments had some unrealized losses in the portfolio, while other portfolios had a slightly positive return. Mr. Vitta noted that for the full calendar year, the City’s investment portfolio earned .91%. These are not large returns, but the returns have been improving over the last couple years and interest rates have started to move up. He pointed out that there are specific guidelines spelled out in the City’s Investment Policy regarding the quality of the securities held in the portfolio and the length of maturity of the securities. Mr. Knight commented on the Investment Performance Evaluation. Mr. Vitta confirmed that if you take the interest on all the securities, the average is 1.37%. 6. PUBLIC COMMENT 7. CONSENT AGENDA All items listed are considered to be routine by the City council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

7a. Board and Commission Minutes 7a1. Minutes of Planning Commission – December 14, 2016 7a2. Minutes of Beautification Advisory Commission – January 18, 2017 7a3. Minutes of Public Safety Advisory Committee – January 24, 2017 7b. Motion - Receive and file the AndCo Consulting 4th Quarter 2016 Cash Management Summary and Executive reports. RESOLVED: To receive and file the AndCo Consulting 4th Quarter 2016 Cash Management Summary and Executive reports. 7c. Motion – Approve Revised IFEC Resolution / Norma Michigan, Inc. RESOLVED: To approve the attached revised resolution for Norma Michigan Inc. relating to IFEC 2009-049. The resolution is revised to reflect that Norma Michigan Inc. agrees to operate their facility for an additional four (4) years after the date of their certificate’s expiration. (Attachment A) 7d. Motion – Approve Revised IFEC Resolution / PyeongHwa Automotive USA, LLC RESOLVED: To approve the attached revised resolution for PyeongHwa Automotive USA LLC (PHA) relating to IFEC 2011-466. The resolution is revised to reflect that PHA agrees to operate their facility for an additional four (4) years after the date of their certificate’s expiration. (Attachment B) Moved by Kittle; Seconded by Verbeke. RESOLVED: To approve the Consent Agenda items 7a., 7b., 7c., and 7d. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.020 Motion Carried (6 - 0)

Page 3

8. OLD BUSINESS 8a. Public Hearing/Motion – Declare Necessity, Proceed with the Project, and Defray a Portion of the Costs of the Project by Special Assessments for Pacific Drive. Mr. Melchert explained the Public Hearing is being held to hear comments or objections to the proposed Special Assessment District (SAD) road projects. After the Public Hearing, City Council will consider resolution #3 to declare necessity and proceed with the SAD improvements. If the resolution is approved, the City Assessor will prepare a special assessment roll and file it with the Clerk and the City Manager will obtain bids for construction of the road improvements. Mayor McDaniel opened the Public Hearing at 7:20 PM. The following objected to the SAD:   

Doug Furah, representing Hayden Auburn, vacant parcel Bradley Defoe, representing Haden Auburn LLC, vacant land Louca Mold & Randal Bellestri, RDB Industries, 1399 Pacific Dr.

In response to a comment by Mr. Furah regarding the distribution of the assessment, Mr. Beckerleg explained that the Michigan Tax Tribunal recognizes two methods of establishing the assessment – one method is to use the front foot basis and the other method is one unit per each lot. The most widely utilized is the one unit per lot. Mr. Furah suggested using a distribution method based on assessed valuation or by acreage. Mr. Beckerleg reiterated the two recognized methods by the Michigan Tax Tribunal (MTT). He noted that when you start varying from those approaches you run the risk of that method not being recognized by the MTT. The MTT will look at the district as a whole, decide whether the benefit is proportionate to the cost and does the property value increase more than the amount of the special assessment against the property and if the answer is yes, they will affirm it. Mayor McDaniel closed the Public Hearing at 7:31 PM. Moved by Kittle; Seconded by Burmeister. RESOLVED: To approve Resolution No. 3, a Resolution Declaring Necessity and to proceed with Project and Defray a Portion of the Costs of the Project by Special Assessments upon Specially Benefited Properties for the proposed Special Assessment District No. 4, regarding the repair of and improvements to Pacific Drive. (Attachment C) VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.021 Motion Carried (6 - 0) 8b. Public Hearing/Motion – Declare Necessity, Proceed with the Project, and Defray a Portion of the Costs of the Project by Special Assessments for North Atlantic Boulevard and Continental Drive. Mayor McDaniel opened the Public Hearing at 7:32 PM. The following objected to the SAD:       

Joe Nosanchuk, property owner at 50 Continental Dale Bale, Plant Manager for Dana Incorporated, 4440 N. Atlantic Blvd. John Gaber, 380 North Old Woodward, Suite 300, Birmingham, representing Bailey Properties, LLC and their tenant at 4141 N. Atlantic Blvd. Steve Teppel, CFO with Commercial Contracting, 4260 N. Atlantic Bobby Peplinski, representing CL North Atlantic Associates, LLC, 4280 N. Atlantic Blvd Michael Mlecsko, Valeo, Inc, 4100 N. Atlantic Glen Carlson, III & Thomas McKay, Acme Manufacturing, 4240 N. Atlantic

Page 4

      

Don Bailey, Bailey Birmingham Properties, 4141 N. Atlantic Stefan Roepke, Samsung SDI, 4121 N. Atlantic Frank Walker, JP Oil Holdings, Colorado Randal Bellestri, RDB Brown Rd, LLC, Florida John Ketzler, representing Edson Properties, 4225 N. Atlantic John Ketzler, representing John Galt, LLC, 4200 N. Atlantic John Ketzler, representing Pajama Partners, LLC, 4237 N. Atlantic

Mayor McDaniel questioned the timeline of the project. Mr. Melchert explained that the plan is to have bids secured by the end of March and construction to be started late April, early May. Mr. Beckerleg explained for Ms. Verbeke that once the bids come back, the City will have a better idea of the actual cost of the project, as it is currently just an estimate. Mayor McDaniel pointed out that typically when municipalities use this as a tool, they charge 100% special assessment. We as a community decided to contribute 50%. In response to a question from Mr. Bale, Mr. Beckerleg explained that effective upon approval of the roll, there will be a lien against each property and its respective share of the special assessment. Mr. Juidici confirmed for Mr. Bale that the road is being designed as a full reconstruct. The existing pavement surface and existing aggregate gravel base will be removed and replaced. There will be drainage improvements. The structure of the road is being built for twenty to twenty-five year design life and with maintenance should last much longer. Mr. Melchert confirmed for Mr. Tepper that the road will be built to City standards. Ms. Hammond questioned if the interest rate is charged to those who pay their bill immediately. Mr. Beckerleg explained that there will be a date in the resolution #5 by which if paid in full, there is no interest charged. Ms. Hammond commented that there are many municipalities that charge the full amount. No one wants to pay more, but many of the businesses that have been here have benefitted or are currently benefitting from tax abatements that the City has offered. The City has to do this so we can maintain our standards as a City so it is fair for everyone. Mr. Kittle stated that we are trying to keep Auburn Hills an attractive place to do business and live. He explained that the City’s revenue stream has gone down. In trying to keep a low operating millage and trying to maintain an infrastructure that is just now reaching a thirty-five year age, it is important to maintain the level of service as well as infrastructure. The City has gone as far as outsourcing various services in the City to save money and still deliver quality services. It is a balancing act to make sure that we keep your frontage structurally sound and attractive. Mayor McDaniel closed the Public Hearing at 7:58 PM. Moved by Knight; Seconded by Burmeister. RESOLVED: To approve Resolution No. 3, a Resolution Declaring Necessity and to proceed with Project and Defray a Portion of the Costs of the Project by Special Assessments upon Specially Benefited Properties for the proposed Special Assessment District No. 5 regarding the repair of and improvements to North Atlantic Boulevard and Continental Drive. (Attachment D) VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.022 Motion Carried (6 - 0) 9. NEW BUSINESS 9a. Motion - Accept the First Reading of Ordinances 17-888 and 17-889 Granting City Council the Right to Permit the Sale and Use of Alcohol at Certain City Sanctioned Events on City Properties.

Page 5

Mr. Grice explained that the proposed ordinance amendments would allow City Council to permit the sale and/or consumption of alcoholic beverages at certain City sanctioned events in City parks and facilities. Under the amendment, City staff would bring forward an alcohol permit for a specific event or series of events. This request would include information such as name of event, location, hours, event boundaries, if alcohol would be for sale or if individuals would be allowed to bring their own, and any additional pertinent information. Mr. Grice requested clarification as to whether the City wants to prohibit the bringing of glass containers into the parks and amphitheater. Currently the City does not prohibit the use of glass containers in the parks and staff believes that it may be somewhat restrictive and difficult to enforce. Ms. Verbeke stated that glass containers should not be allowed. If it gets broken, it could be dangerous to the kids running around in the parks and people sitting in the grass. Mr. Knight agreed that it is not unreasonable to require paper or plastic. Mayor McDaniel stated that typically parks prohibit glass containers because there are children playing, playground areas, glass that might break and get into the river. He stated that he understands that enforcement could be an issue, but the majority of the people will follow the rules. Mr. Knight commented that he has long been opposed to alcohol in the parks just on the principle that alcohol is the number one drug in the United States. He understands the purpose of this and by giving the City Council the complete responsibility to determine when and where, it is reasonable as there are events where it could be reasonably done. Ms. Hammond questioned how this would affect the Community Center and its rentals and whether each rental would have to be approved by Council as a sanctioned event. Mr. Grice stated that the current policy does not allow alcohol in the Community Center. The proposed ordinance would open the door for it, but it would still have to come before Council to vote on whether it was allowed. Mr. Knight stated his preference is on a controlled basis that Council could review. He stated that he does not think they will permit too many activities in the Community Center. Mr. Grice commented that if the Council were to approve a policy change for the Community Center, essentially, it would not have to come forward to Council for each and every rental. Mayor McDaniel stated that he is comfortable that staff would manage that item day to day. Moved by Knight; Seconded by Kittle. RESOLVED: To accept the First Reading of Ordinance 17-888 to Amend Chapter 50, Parks and Recreation of the Auburn Hills City Code and Set for Public Hearing and Second Reading/Adoption at the Meeting of February 27, 2017. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.023 Motion Carried (6 - 0) Moved by Knight; Seconded by Hammond. RESOLVED: To accept the First Reading of Ordinance 17-889 to Amend Chapter 10, Amusements and Entertainments of the Auburn Hills City Code and Set for Public Hearing and Second Reading/Adoption at the Meeting of February 27, 2017. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.024 Motion Carried (6 - 0) 10. COMMENTS AND MOTIONS FROM COUNCIL Ms. Hammond

Page 6

Thanked Community Development for following up on the mess behind Dollar General. It is cleaned up and looks wonderful. Our staff is phenomenal in getting things done quickly. Mr. Kittle 

It was a tough conversation and debate on the special assessments. He applauds the City Council for bringing it forward. It is unpopular and is one of those things that nobody wishes they had to do, but under the circumstances there is no option. There will be no windfall of money in the years to come. We are going to make sure that we are one of the communities that can stand proud and be fiscally responsible. Mr. Knight 

Expressed frustration with the angled parking downtown and the difficulty backing out. The City had a disastrous result when it rushed forward with backing in parking. It is much safer and he would love to see the City study the effect of it. He stated that he does not want to park downtown because he cannot see backing out. Mr. Burmeister 



He was approached by a resident who said they could not subscribe to WOW TV and blamed the City. Mayor McDaniel confirmed the City does not have anything to do with the cable. The company make the decision about whether to invest in a community based on the potential subscribers. WOW has not selected Auburn Hills as part of their business plan. Mr. Tanghe added that the City does not have the subscription density, so WOW will not invest in the infrastructure.



Noted that residents can sign up for the No Soliciting list.

 Recognized representatives from the Teen Council and the new Recreation Coordinator in attendance tonight. Mayor McDaniel 

Echoed Mr. Kittle’s comments regarding the SAD and it not being a popular decision. One thing he loves about this Council is that it conducts the business that needs to be done on behalf of the residents, whether it be the popular decision or not. We do absolutely what is in the best interest of the entire community. It has been great to work through this process. To the point that the City is contributing 50%, that shows how Auburn Hills is leading the way when it comes to making tough decisions for the great interest of the entire community.

11. CITY ATTORNEY’S REPORT 12. CITY MANAGER’S REPORT Mr. Tanghe 

Thursday evening he spoke in front of a large crowd celebrating the acquisition of an Auburn Hills company, Continental Structural Plastics, by another Auburn Hills company, Teijin. The CEO’s from both companies spoke at the event as well as representatives from County Executive Brooks Patterson’s office and the Office of the Counsel General to Japan.



The new firefighters were sworn in on Friday. He congratulated them and welcomed them to the City. These firefighters are a result of the millage election held last August.

13. EXECUTIVE SESSION: Acquisition of Land Moved by Hammond, supported by Verbeke. RESOLVED: To meet in executive session to discuss the acquisition of land. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.025 Motion Carried (6 – 0)

Recessed to executive session at 8:20 PM. Reconvened the regular meeting at 8:32 PM. Moved by Verbeke, supported by Knight.

Page 7

RESOLVED: To approve the purchase of the property located at 3462 Auburn Road, parcel identification number 14-36-127-004, in the amount of $10,000. Furthermore, authorize the City Manager to execute all documents to facilitate the purchase, up to an including those required at closing. VOTE: Yes: Burmeister, Hammond, Kittle, Knight, McDaniel, Verbeke No: None Resolution No. 17.02.026 Motion Carried (6 – 0) 14. ADJOURNMENT Hearing no objections, the meeting adjourned at 8:33 PM.

________________________________ Kevin R. McDaniel, Mayor

_______________________________ Terri Kowal, City Clerk

Page 8

ATTACHMENT A AMENDED RESOLUTION APPROVING ADDITIONAL YEARS FOR THE FACILITY UNDER INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE 2009-049 for NORMA MICHIGAN INC. At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills MI 48326 at 7:00 p.m. on the 10th day of October, 2016, and amended on February 13, 2017; The following resolution was offered by Councilperson Kittle and supported by Councilperson Verbeke: WHEREAS, the City of Auburn Hills and the State Tax Commission approved an Industrial Facility Exemption Certificate in the year 2009 for Norma Michigan Inc. for a facility located at 2430 E Walton Blvd, and WHEREAS, the certificate, known as Industrial Facility Exemption Certificate 2009-049 , was approved for 7 years for real property and personal property, and WHEREAS, Norma Michigan Inc. completed construction of the real estate on April 1, 2009 and completed installation of personal property on April 1, 2010, and WHEREAS, Norma Michigan Inc. has requested that another certificate be granted for additional years for the facility under Industrial Facility Exemption Certificate 2009-049 as provided by Public Act 198, of 1974, Sec 16a, and WHEREAS, the Clerk has notified in writing the Assessor of the City of Auburn Hills and the legislative body of each taxing unit which levies ad valorem property tax within the City of Auburn Hills and given notice to the general public so that they shall be afforded an opportunity to be heard at this public hearing to determine whether the extension of the Industrial Facilities Exemption Certificate shall be approved or disapproved; and WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the city of Auburn Hills after granting this certificate will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property exempted. WHEREAS, it is hereby found and determined by the City of Auburn Hills Council that the granting of another certificate for the facility previously approved under Industrial Facility Exemption Certificate 2009-049 is reasonable and proper, and NOW, THEREFORE, BE IT RESOLVED that the request for another certificate to extend the years approved under Industrial Facilities Exemption Certificate 2009-049 for real property and personal property for the facility located at 2430 E Walton Blvd is hereby approved, and The City Council of Auburn Hills finds and determines that granting of this Industrial Facilities Exemption Certificate, together with the aggregate amount of the certificates previously granted and currently in force, under PA 198 of 1974 and PA 255 of 1978, shall not have the effect of substantially impeding the operation of the City of Auburn Hills, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Auburn Hills.

Page 9

That another certificate be granted to extend the years approved under Industrial Facility Exemption Certificate 2009-049 for an additional two (2) years for real property and personal property, and Norma Michigan Inc. agrees to operate the facility for which the Industrial Facility Exemption Certificate is granted for the term of the certificate, plus an additional four (4) years after the date of the certificate’s expiration. The City Clerk shall send an original copy of this resolution to the State Tax Commission. AYES: 6 NAYS: None ABSENT: 1 (Mitchell) ABSTENTIONS: None STATE OF MICHIGAN) COUNTY OF OAKLAND) I, the undersigned, the duly qualified and appointed Clerk of the City of Auburn Hills, Oakland County, Michigan do hereby certify that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the City Council held on the 10th day of October, 2016 and amended on February 13, 2017; the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature on this _____ day of February, 2017. ______________________________ Terri Kowal City Clerk

Page 10

ATTACHMENT B AMENDED RESOLUTION APPROVING ADDITIONAL YEARS FOR THE FACILITY UNDER INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE 2011-466 for PYEONGHWA AUTOMOTIVE USA, LLC. At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills MI 48326 at 7:00 p.m. on the 24th day of October, 2016, and amended on February 13, 2017; The following resolution was offered by Councilperson Kittle and supported by Councilperson Verbeke: WHEREAS, the City of Auburn Hills and the State Tax Commission approved an Industrial Facility Exemption Certificate in the year 2011 for Pyeonghwa Automotive USA, LLC. for a facility located at 765 Standard Pkwy. and, WHEREAS, the certificate, known as Industrial Facility Exemption Certificate 2011-466 , was approved for 5 years for real property and personal property, and WHEREAS, Pyeonghwa Automotive USA LLC. completed construction of the real estate on July 6, 2011 and completed installation of personal property on October 1, 2011, and WHEREAS, Pyeonghwa Automotive USA LLC has requested that another certificate for real property only be granted for additional 5 years for the facility under Industrial Facility Exemption Certificate 2011-466 as provided by Public Act 198, of 1974, Sec 16a, and WHEREAS, the Clerk has notified in writing the Assessor of the City of Auburn Hills and the legislative body of each taxing unit which levies ad valorem property tax within the City of Auburn Hills and given notice to the general public so that they shall be afforded an opportunity to be heard at this public hearing to determine whether the extension of the Industrial Facilities Exemption Certificate shall be approved or disapproved; and WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the city of Auburn Hills after granting this certificate will exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property exempted. WHEREAS, it is hereby found and determined by the City of Auburn Hills Council that the granting of another certificate for real property for the facility previously approved under Industrial Facility Exemption Certificate 2011-466 is reasonable and proper, and NOW, THEREFORE, BE IT RESOLVED that the request for another certificate to extend the years approved under Industrial Facilities Exemption Certificate 2011-466 for real property for the facility located at 765 Standard Pkwy. is hereby approved, and The City Council of Auburn Hills finds and determines that granting of this Industrial Facilities Exemption Certificate, together with the aggregate amount of the certificates previously granted and currently in force, under PA 198 of 1974 and PA 255 of 1978, shall not have the effect of substantially impeding the operation of the City of Auburn Hills, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Auburn Hills.

Page 11

That another certificate be granted to extend the years approved under Industrial Facility Exemption Certificate 2011-466 for an additional Five (5) years for real property, and Pyeonghwa Automotive USA LLC agrees to operate the facility for which the Industrial Facility Exemption Certificate is granted for the term of the certificate, plus an additional four (4) years after the date of the certificate’s expiration. The City Clerk shall send an original copy of this resolution to the State Tax Commission. AYES: 6 NAYS: None ABSENT: 1 (Mitchell) ABSTENTIONS: None STATE OF MICHIGAN) COUNTY OF OAKLAND) I, the undersigned, the duly qualified and appointed Clerk of the City of Auburn Hills, Oakland County, Michigan do hereby certify that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the City Council held on the 24th day of October, 2016 and amended on February 13, 2017; the original of which is on file in my office. IN WITNESS WHEREOF, I have hereunto affixed my official signature on this ____ day of February, 2017. ______________________________ Terri Kowal City Clerk

Page 12

ATTACHMENT C RESOLUTION DECLARING NECESSITY AND TO PROCEED WITH PROJECT AND TO DEFRAY A PORTION OF THE COSTS OF THE PROJECT BY SPECIAL ASSESSMENTS UPON SPECIALLY BENEFITED PROPERTIES (RESOLUTION NO. 3) At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills, Michigan 48326, at 7:00 p.m. on the 13th day of February 2017, the following resolution was offered by Councilperson Kittle and supported by Councilperson Burmeister WHEREAS, the City has considered construction of the proposed improvement described below (the Project) and has further requested the establishment of a special assessment district to finance and defray a portion of the costs of the project; and WHEREAS, the proposed improvement (the Project) is the repair of and improvements to Pacific Drive; and WHEREAS, the Project is designed and intended to specially benefit the properties identified in the special assessment district (the District) attached to this Resolution; and WHEREAS, after an initial consideration, the City Council on January 23, 2017, adopted its Resolution No. 2 declaring its tentative intent to proceed with the Project and with the establishment of the District; and WHEREAS, plans for the Project, and an estimate of the costs of the project in the amount of $1,529,000, of which amount it is estimated that approximately $764,500 will be defrayed by special assessments against the properties in the special assessment district, have been prepared and notice of public hearing has been duly given, according to law, to the owners of property in the District to inform them of their opportunity to present comments and objections to the Project and to the District; and WHEREAS, the hearing was duly conducted and held on February 13, 2017, consistent with the notice, following which the City Council determined to proceed with the project and the establishment of the district. NOW, THEREFORE, it is hereby resolved as follows: 1.

The City Council determines that the Project is necessary.

2.

The City shall proceed with the Project.

3.

The plans and specifications prepared for the Project and the cost estimate for the Project in the amount of $1,529,000 presented at the hearing are approved.

4.

The District shall consist of the properties identified in the special assessment district attached to this Resolution and against which 50% of the cost of the project shall be assessed.

5.

The District shall be designated and known as the Pacific Drive Road Improvement Special Assessment District, Special Assessment District No. 4.

6.

The duration of the District’s existence shall be ten (10) years, and unless paid in cash earlier with respect to a particular property, the special assessment shall be paid in ten (10) annual installments at the rate of five percent (5%) interest to be charged on said installments, with the date of the first assessment installment to be determined and set forth in the City Council’s Resolution confirming the special assessment roll.

7.

The City Assessor shall prepare a special assessment roll that includes all lots and parcels of land within the District with the names of the respective record owners of each property, if known, and shall also include the total amount to be assessed against each property. The amount to be assessed against each property shall be based upon the proportionate amount of special benefit to be received by each property from the

Page 13

Project. The amount spread in each case shall be based upon the detailed estimate of costs as approved by the City Council. 8.

When the Assessor completes the assessment roll, the Assessor shall file it with the City Clerk for presentation to the City Council, along with the Assessor’s certification that the roll has been prepared by the Assessor pursuant to the February 13, 2017, Resolution of the City Council and that in making the assessments contained in the assessment roll, the Assessor has, as near as may be, according to the Assessor’s best judgment, conformed in all respects with the directions contained in the February 13, 2017, Resolution of the City Council and the Auburn Hills City Charter and the provisions of Chapter 58 of the Auburn Hills City Code.

9.

The City Manager is directed to obtain firm bids from companies and/or other entities who are interested in performing the work necessary to complete the project.

AYES: 6 NAYS: None ABSENT: 1 (Mitchell) ABSTENTIONS: None STATE OF MICHIGAN ) COUNTY OF OAKLAND ) I, Terri Kowal, the duly qualified and appointed City Clerk of the City of Auburn Hills, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted at a regular meeting of the Auburn Hills City Council held on the 13th day of February, 2017, the original of which is on file in my office. In witness whereof, I have hereunto affixed my official signature on this ____day of February, 2017. ______________________________ Terri Kowal City Clerk

Page 14

Page 15

ATTACHMENT D RESOLUTION DECLARING NECESSITY AND TO PROCEED WITH PROJECT AND TO DEFRAY A PORTION OF THE COST OF THE PROJECT BY SPECIAL ASSESSMENTS UPON SPECIALLY BENEFITED PROPERTIES (RESOLUTION NO. 3) At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in the Council Chambers at 1827 N. Squirrel Road, Auburn Hills, Michigan 48326, at 7:00 p.m. on the 13th day of February 2017, the following resolution was offered by Councilperson Knight and supported by Councilperson Burmeister: WHEREAS, the City has considered construction of the proposed improvement described below (the Project) and has further requested the establishment of a special assessment district to finance and defray a portion of the costs of the project; and WHEREAS, the proposed improvement (the Project) is the repair of and improvements to North Atlantic Boulevard and certain portions of Continental Drive; and WHEREAS, the Project is designed and intended to specially benefit the properties identified in the special assessment district (the District) attached to this Resolution; and WHEREAS, after an initial consideration, the City Council on January 23, 2017, adopted its Resolution No. 2 declaring its tentative intent to proceed with the Project and with the establishment of the District; and WHEREAS, plans for the Project, and an estimate of the costs of the project in the amount of $3,407,000, of which amount it is estimated that approximately $1,703,500 will be defrayed by special assessments against the properties in the special assessment district, have been prepared and notice of public hearing has been duly given, according to law, to the owners of property in the District to inform them of their opportunity to present comments and objections to the Project and to the District; and WHEREAS, the hearing was duly conducted and held on February 13, 2017, consistent with the notice, following which the City Council determined to proceed with the project and the establishment of the district. NOW, THEREFORE, it is hereby resolved as follows: 1.

The City Council determines that the Project is necessary.

2.

The City shall proceed with the Project.

3.

The plans and specifications prepared for the Project and the cost estimate for the Project in the amount of $3,407,000 presented at the hearing are approved.

4.

The District shall consist of the properties identified in the special assessment district attached to this Resolution and against which 50% of the cost of the project shall be assessed.

5.

The District shall be designated and known as the North Atlantic Boulevard/Continental Drive Road Improvement Special Assessment District, Special Assessment District No. 5.

6.

The duration of the District’s existence shall be ten (10) years, and unless paid in cash earlier with respect to a particular property, the special assessment shall be paid in ten (10) annual installments at the rate of five percent (5%) interest to be charged on said installments, with the date of the first assessment installment to be determined and set forth in the City Council’s Resolution confirming the special assessment roll.

7.

The City Assessor shall prepare a special assessment roll that includes all lots and parcels of land within the District with the names of the respective record owners of each property, if known, and shall also include the total amount to be assessed against each property. The amount to be assessed against each property shall be based upon the proportionate amount of special benefit to be received by each property from the

Page 16

Project. The amount spread in each case shall be based upon the detailed estimate of costs as approved by the City Council. 8.

When the Assessor completes the assessment roll, the Assessor shall file it with the City Clerk for presentation to the City Council, along with the Assessor’s certification that the roll has been prepared by the Assessor pursuant to the February 13, 2017, Resolution of the City Council and that in making the assessments contained in the assessment roll, the Assessor has, as near as may be, according to the Assessor’s best judgment, conformed in all respects with the directions contained in the February 13, 2017, Resolution of the City Council and the Auburn Hills City Charter and the provisions of Chapter 58 of the Auburn Hills City Code.

9.

The City Manager is directed to obtain firm bids from companies and/or other entities who are interested in performing the work necessary to complete the project.

AYES: 6 NAYS: None ABSENT: 1 (Mitchell) ABSTENTIONS: None STATE OF MICHIGAN ) COUNTY OF OAKLAND ) I, TERRI KOWAL, the duly qualified and appointed City Clerk of the City of Auburn Hills, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted at a regular meeting of the Auburn Hills City Council held on the 13th day of February, 2017, the original of which is on file in my office. In witness whereof, I have hereunto affixed my official signature on this ____ day of _______, 2017. __________________________ Terri Kowal City Clerk

Page 17

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017 To:

City Council

From:

Kevin R. McDaniel, Mayor and Jeff Spencer, Building Official

AGENDA ITEM NO. 5A MAYOR’S OFFICE

Submitted: February 23, 2017 Subject:

Motion – Confirming Appointment of James Buster to the Zoning Board of Appeals.

INTRODUCTION AND HISTORY

Please consider confirming the following appointment of James Buster: Name James Buster

Board Zoning Board of Appeals

Term Ending Date 12/31/2018

MOTION

Move to confirm the appointment of James Buster to the Zoning Board of Appeals for a term ending December 31, 2018.

James A. Buster 2379 Old Salem Rd, Auburn Hills, Michigan 48326 — 586-524-5046 [email protected]

Education Wayne State University Law School, Detroit, Michigan Juris Doctor, May 2016; Licensed, November 2016 GPA 3.90 Class Rank: #2 Awards • Winner of the Arthur M. Neef Moot Court Competition, and the Arthur M. Neef Best Team Petitioner Brief Award • Silver Key Award for Academic Achievement • Dean’s Scholar (full tuition scholarship based on academic credentials) • Civil Procedure A Scholar Award (highest grade in Civil Procedure A) • Contracts A Scholar Award (highest grade in Contracts A) Extra-Curricular Activity • Editor-in-Chief, Moot Court (2015-2016) • Assistant Editor, Law Review (2014-2015) • Mentor in Wayne State University Law School’s Mentor-Mentee program (20142016) • Served as a Teaching Assistant for Property (Winter, 2016) Oakland University, Rochester, Michigan Bachelor of Arts in Political Science, summa cum laude, April 2013 GPA 3.92 • Distinguished Scholar Scholarship • Oakland University Trustee Academic Success Program (OUTAS) Scholarship • Golden Key International Honor Society

Experience Mantese Honigman, P.C., Troy, Michigan Associate, September 2016 – Present • Handle cases in the areas of commercial litigation, shareholder disputes, and real estate law • Represent clients in all stages of civil litigation • Draft legal memoranda, pretrial motions, briefs, and other pretrial documents • Attend hearings in State and Federal Court Hon. Henry Saad. Michigan Court of Appeals, Troy, Michigan Intern, September 8, 2015 — May 2016 • Conducted legal research on a number of topics regarding Michigan Law • Drafted legal memoranda and discussed legal theory

Ackerman, Ackerman, & Dynkowski, Bloomfield Hills, Michigan Law Clerk, August 24, 2015 — Jan 2016 • Conducted legal research and draft memoranda regarding Michigan, Ohio & Federal eminent domain & taking law Mantese Honigman, P.C., Troy, Michigan Law Clerk, Summer 2015 • Conducted legal research and drafted legal memoranda regarding a wide array of Michigan law such as, choice of laws, the nature and extent of various causes of action in Michigan, the Fraudulent Transfer and Conveyance Act, the Michigan Real Estate Transfer Tax Act, and the NREPA • Drafted motions in limine, motions for reconsideration, as well as motions and briefs in support of and in opposition to summary disposition • Drafted interrogatories and jury instructions, as well as employment and operating agreements Wayne State University Law School, Detroit, Michigan Research Assistant, June 2014 to May 2015 • Read and coded legislative bills concerning Native American tribes • Conducted literature review Elder Law and Advocacy Center, Redford, Michigan Law Clerk, Summer 2014 • Translated a retainer agreement and a health care information release from English to Spanish • Counseled clients on available legal and non-legal remedies • Efficiently handled 15 to 20 case files under minimal supervision • Conducted legal research on Michigan laws regarding the Michigan Condominium Act, Landlord/Tenant rights, and Consumer Protection statutes • Drafted wills, durable powers of attorney, healthcare powers of attorney, and “Lady Bird” Deeds

2

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : J A N U A R Y 9, 2017

AGENDA ITEM NO. 7A1

CITY OF AUBURN HILLS PLANNING COMMISSION MINUTES

February 15, 2017

Location: City Council Chamber, 1827 N. Squirrel Road, Auburn Hills, MI 48326 1. CALL TO ORDER: Planning Commission Chairperson Ouellette called the meeting to order 2. ROLL CALL: Present: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer Absent: Hitchcock, Mendieta, Pederson Also Present: Director of Community of Development Cohen, Assistant City Planner Keenan, Senior Services Director Adcock Guests: 3 3. PERSONS WISHING TO BE HEARD: None 4. APPROVAL OF MINUTES Motion made by Mr. Pierce to approve the minutes of December 14, 2016. Supported by Mr. Beidoun VOTE: YES: All NO: None

Motion Carried (6-0)

5. PETITIONERS 5a.

Stadium Party Store and Shopping Center (7:06 p.m.) Public Hearing / Motion - Recommendation to City Council for Special Land Use Permit approval and Site Plan approval to construct a gasoline service station addition on the existing Stadium Party Store and Shopping Center site.

Mr. Ouellette stated that the applicant is requesting that the project be tabled to the next Planning Commission meeting to be held on March 15, 2017. Motion by Mr. Burmeister to table the project to the March 15, 2017 Planning Commission meeting Supported by Mr. Beidoun VOTE: YES: All NO: None Motion Carried 6-0

5b.

Pacific Drive Development (7:07 p.m.) Public Hearing / Motion - Recommendation to City Council for Site Plan approval and Tree Removal Permit approval to construct an industrial building

Auburn Hills Planning Commission February 15, 2016 Page 2 of 7 Mr. Keenan introduced that this is a request from Cunningham Limp Company to construct a 50,000 sq. ft. industrial building at the northeast corner of Pacific Drive and Taylor Road. The 3.7 acre parcel is within the Metro North Technology Park and zoned I-1, Light Industrial. Approximately 20,000 sq. ft. of the building will be used as office space, 25,000 sq. ft. is designated as manufacturing space and the remaining 5,000 sq. ft. of the building will be utilized as warehouse. Mr. Keenan noted the cost to construct the proposed building is estimated at $3.25 million. Cunningham Limp Company’s goal is to begin construction in 2017. Once construction begins the project is expected to take six months to complete and at that time they will begin the leasing process for proper industrial use district. Mr. James Butler of PEA 2430 Rochester Court, Suite 100, Troy, MI 48083 and Mr. Bob Peplinski of Cunningham Limp Company 28970 Cabot Drive, Suite 100, Novi, MI 48377 were present to take questions. Mr. Butler stated that this site plan review process is to help move development forward with the property. Mr. Butler clarified that the project will not begin development until a lease is signed. The goal is to get the project approved through the City’s approval process and then be able to market the project to interested parties. Cunningham-Limp wishes to be ready to build when a company shows interest in the site. Mr. Pierce questioned who owned the property. Mr. Butler stated that the property is owned by the same owner as the Louca Mold property to the north. Cunningham-Limp has an agreement to purchase the property. Mr. Ouellette asked if the 5,000 sq. ft. sufficient for the warehouse or could that be expanded. Mr. Butler commented that the current footprint is an unknown and would be determined by the future user. The design that is currently drawn up could be modified. The intention is not to be a warehouse but a 50/50 split of office and manufacturing. Mr. Ouellette confirmed that the property owner was aware that the need to store materials outside would require a special land use permit. Mr. Butler agreed. Due to the small size of the site, the need for an outside storage permit would be unlikely. Mr. Beidoun questioned the reason for the placement of the driveway on Pacific Drive and not Taylor Road. Mr. Butler explained that buffering from the residents was one consideration, but topography was the primary driver. After looking at the property, the design was meant to push the driveway all the way to the north on Pacific Drive to help minimize a retaining wall on the north side of the site due to the fall in grade on the property. Ms. Ochs questioned what the residents from Taylor Road would be viewing. Mr. Butler stated that with the grade elevation, the view should not be a problem for adjacent residents. The building will sit ten feet higher than Taylor Road and the green belt, parking lot, and building being setback of 132 feet from the right-of-way will help lessen any visual impact of the building. The light poles have been placed toward the center of the parking lot in an effort to ensure that the light stays on the property. Mr. Ouellette opened the public hearing at 7:13 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:14 p.m. Motion made by Mr. Pierce to recommend to City Council approval of the Site Plan and Tree Removal Permit for Pacific Drive Development, subject to the conditions of the administrative review team. Supported by Beidoun VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer

Auburn Hills Planning Commission February 15, 2016 Page 3 of 7 NO: None

5c.

Motion Carried 6-0

R-1A Open Space Option and Attached Units in the One-Family Residential Districts (7:16 p.m.) Public Hearing / Motion – Recommendation to City Council for approval of a text amendment to amend Article IV. R-1A, R-1B, R-1C, R-1, R-2. R-3, and R-4 One Family Residential Districts of the Zoning Ordinance.

Mr. Cohen stated that this text amendment to the Zoning Ordinance was drafted to implement the policy recommendations of the Northeast Corner Neighborhood Master Plan. The changes were made to the R-1A Open Space Development Option to make saving trees and wetlands was more economically feasible for developers. The changes are based to the Villa Montclair PUD example. Primary amendments were the following: 1. Increased housing density. Increased allowable density from 2.5 to 3.0 units per gross acre to encourage developers to save open space, woodlands, and other natural features. 2. Reduce required open space. Reduced minimum required open space from 30% to 25% of the site to correspond with the increase in allowable unit density. 3. Eliminated private park provision. No longer require a one acre park designated for active recreational purposes for parcels 10 acres or greater due to the cost burden it places on HOAs. 4. Utilize gross density. Allow wetlands to be included in density calculations in an effort to improve the economic viability of projects and encourage new housing development. 5. Allow duplex units. Allow attached duplex units similar to those constructed in the Arbor Cove and Auburn Grove condominium projects. Mr. Cohen also explained that a new Section has been added to clearly permit attached units in all onefamily residential districts only via the PUD process provided the proposed development does not exceed the planned dwelling units per acre depicted on the Master Land Use Plan. Mr. Ouellette asked where the 3.0 units per acre / Open Space Development Option could be developed. Mr. Cohen responded that the R-1A Open Space Development Option can only be implemented in the areas shown on the Northeast Corner Neighborhood Master Plan. Mr. Beidoun asked if the Open Space Development Option could be allowed in other areas. Mr. Cohen explained that the planning processes for the other R-1A neighborhoods, like Vinewood and Auburn Manor, resulted in residents not wanting to permit open space developments. If that were to change in the future, the ordinance text could be amended to include those and other areas after a master planning process. Ms. Shearer questioned if a duplex building is one or two units. Mr. Cohen responded that a duplex is considered a two-dwelling unit development. It is a good choice for developers as it allows for better clustering of homes in a condominium and fits the growing trend to have snow and yard maintenance free dwellings for residents. Ms. Shearer asked if the duplex units were intended to be for people over 50 years old. Mr. Cohen stated that these homes don’t necessarily need to be for empty nesters, but mostly likely will be marketed toward them. Mr. Ouellette opened the public hearing at 7:30 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:30 p.m.

Auburn Hills Planning Commission February 15, 2016 Page 4 of 7

Motion made by Mr. Beidoun to recommend to City Council approval of the enclosed Text Amendment to Article IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts of the Zoning Ordinance. Supported by Mr. Pierce VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0 5d.

Universal Design and Visitability (7:32 p.m.) Public Hearing / Motion – Recommendation to City Council for approval of a text amendment to add Section 1836. Universal Design and Visitability to the Zoning Ordinance.

Mr. Cohen stated that this Zoning Ordinance has been drafted to implement Action Plan Item #1 in the Housing Domain of the 2015 Age Friendly Action Plan which recommends that the City “encourage developers to think about universal design features.” The purpose of this text amendment is to educate and incentivize, but not require, builders to incorporate universal design elements and features into their new home designs. Over time, staff anticipates this program will help make the housing stock in Auburn Hills more accessible and visitable for people of all ages and abilities. It is noted that such requirements generally exceed Michigan building codes, therefore cannot be required by the City. As an incentive to do this, the City is offering expedited permitting and eligibility for PUD consideration, which shall be discussed in the next agenda item. This diagram from The Villa Montclair PUD and Forester Hills PUD are examples of housing developments which have incorporated many of the accessibility features displayed below into the design of their new homes. These diagrams show many of the features of a home that incorporates universal design. In essence, it makes the home accessible for all people and abilities, which is above and beyond the Michigan Building Codes. Some elements include: zero – step entry ways, wider doors and hallways, and clear space in the kitchen and bathrooms which allows for wheelchair maneuvers. Mr. Cohen stated the purpose of this ordinance is to raise awareness of this smart home design and to let developers know this is something the Planning Commission and City Council would like to see built in our community. In reviewing the two illustrations provided in the ordinance amendment, Mr. Pierce commented about the importance of having first floor laundry rooms for people with physical limitations. Mr. Burmeister questioned what the PUD requirements were and if the developer would have to provide all the items shown in the illustrations provided in the ordinance amendment. Mr. Cohen clarified that the illustrations were an example of what could be done, with a PUD the discretion lies with the Planning Commission and City Council for final approval. No minimum threshold was created. Mr. Burmeister confirmed the importance of the staff’s ability to work with developers to include key design elements. Mr. Burmeister also wanted to ensure that Ms. Adcock would have input to the process. Mr. Cohen stated that “yes” she would definitely be involved in the review. Mr. Ouellette stated that he would like to see minimum threshold that developers would have to meet such as zero entryway doors and wider hallways. He continued to state that in real estate there are thresholds for what is to be considered a smart home qualify as a smart home and suggested that there should be a standard for universal design, as well.

Auburn Hills Planning Commission February 15, 2016 Page 5 of 7 Ms. Ochs stated that she would like to see a minimum of design options as a threshold for what needs to be met. Mr. Cohen clarified that he was concerned that if a developer were to be given a list, they would only follow the list, as opposed to doing as much as possible to make the home accessible. Ms. Ochs continued to comment that if there are no minimums and two developers are before the Planning Commission there is a challenge to know what will be approved or what justifies a PUD. Mr. Burmeister indicated he would like to see key design elements listed and then anything else provided above and beyond shown in the illustrations would be the frosting on the cake. Mr. Cohen explained the goal is to work with developers on the primary goal of accessibility and see what we can negotiate as part of the PUD. The ordinance is intended to educate people. Mr. Cohen stated, based on the Planning Commission’s direction, he would work to develop a minimum standard for PUD qualification based on this discussion for the City Council packet to ensure the intent of the universal design is met. Mr. Ouellette opened the public hearing at 7:47 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:47 p.m. Motion made by Mr. Pierce to recommend to City Council for approval of a text amendment to add Section 1836. Universal Design and Visitability to the Zoning Ordinance. Seconded by Shearer VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0

5e. Planned Unit Development Option (7:48 p.m.) Public Hearing/Motion – Recommendation to City Council to Amend the Text of the Zoning Ordinance / Section 1830. Planned Unit Development Option Mr. Cohen presented the amendment to the “criteria for qualification” section of the PUD Ordinance which was drafted to encourage developments that promote the goals and objectives of the City of Auburn Hills, in return for zoning flexibility. The changes are intended to promote the policy recommendations of the City’s 2015 Age Friendly Action Plan, 2006 Green Building Policy, 2011 Electric Vehicle Readiness Project, and 2014-2018 Parks and Recreation Master Plan by outlining acceptable public benefits recognized by the City Council. Mr. Cohen explained the primary reason for updating the PUD ordinance was to implement Action Plan Item #1 in the Housing Domain of the 2015 Age Friendly Action Plan which states “encourage developers to think about universal design features.” The other changes relate to green building, electric vehicle readiness, and financial contributions for parks, equipment, and improvements. They were added to reflect considerations used in the recent PUD project approvals for The Parkways, Forester Hills, Villa Montclair, Adams Outdoor, Blossom Park, First and Main, Residents at Thirty-Two 50, and Mosaic of Auburn Hills. Mr. Ouellette asked what the word “assets” meant and if that assets had been offered in past. Mr. Cohen stated no, but staff would like the ordinance to reflect potential PUD eligibility if a donation of assets, like an ambulance or other emergency services vehicles or equipment, were to be offered. A donation of money has been accepted for PUD eligibility in the past to support the construction of the Downtown Amphitheater project. Mr. Ouellette also questioned the purpose of two steps in a PUD plan. Mr. Cohen stated that it is good to have two steps. A developer may wish to see if a concept is acceptable to the City before spending tens of thousands of dollars on detailed drawings. Generally, most developers seek approval of steps One and Two concurrently to save time.

Auburn Hills Planning Commission February 15, 2016 Page 6 of 7 Mr. Ouellette opened the public hearing at 7:52 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:52 p.m. Motion made by Mr. Beidoun to recommend to City Council approval of the enclosed Text Amendment to Section 1830. Planned Unit Development Option of the Zoning Ordinance. Second by Ms. Ochs VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0 6.

Old Business - None

7.

New Business

7a. Accessory Dwelling Units Mr. Cohen explained that as part of the policy recommendations of the Age-Friendly Action Plan, staff extensively reviewed the feasibility of Accessory Dwelling Units and the potential implementation of an ordinance to allow them in Auburn Hills. Mr. Cohen noted that staff has come to the conclusion that such an ordinance is not needed at this time and the land use most likely would not be a good fit for our community. Mr. Cohen referred to his report in the packet that explained that Accessory Dwelling Units or ADUs, are small living units that can be added to a one family home, either detached or attached, provided that the homeowner resides on the property and all other zoning, size and design regulations are met. ADUs are touted as an affordable housing option and are often called “granny flats” or “mother-in-law apartments.” Numerous municipalities across the nation, mostly in expensive housing markets, have adopted ADU ordinances to accomplish the following goals: 1. Provide an additional housing option to help address senior housing or boomerang kids. 2. Provide a housing option that is more affordable, especially for single people. 3. Offer a housing option that supports special family needs, such as care for a family member with mental or physical disabilities who desires independence. 4. Supply additional income for senior homeowners, which may assist them financially with aging in place. 5. Allow extra rental income for young families, by helping offset the cost of a home in their desired neighborhood. Mr. Cohen recommended that the Planning Commission not proceed with an ordinance to allow ADUs at this time for the following practical reasons, which were outlined in his report: 1. Land Use Conflict. Today, it is acceptable in Auburn Hills to convert extra floor space or create a building addition to facilitate a family member to live independently in a home provided it does not have a separate entrance. A land use conflict occurs with an ADU when it becomes a separate and independent living space that is rented out to non-family members. Such two-family living arrangements are not in character with one family neighborhoods. An ADU may be originally created with good intentions to allow “grandma” to receive care close to her adult children, but when she passes away the ADU makes the home more attractive, over time, for an investor to convert into a two-unit rental property. Most homeowners living in one-family neighborhoods would not appreciate having such rental / transient living arrangements, with their increased density, adjacent to their biggest financial investment. 2. Affordable Housing Available. ADUs are often used in expensive housing markets, like California and Washington, where affordable rental options are limited. It can be argued that Auburn Hills already offers a variety of housing stock that allows people of all incomes to live in the community. Auburn Hills does not have an affordable housing dilemma like Los Angeles, Austin, or Seattle where people are priced out of the community due to skyrocketing home prices. 46% of the total housing stock in

Auburn Hills Planning Commission February 15, 2016 Page 7 of 7 Auburn Hills is occupied by renters according to U.S. Census records. In particular, 26% of our onefamily homes and condominiums are believed to be rental properties according to Assessing Department records. 3. Low Market Demand. Building Official Jeff Spencer advises us that very few homes over his 30-year career at Auburn Hills have been legally modified to create living spaces for family members to live independently. He does not recall a ZBA variance request to create an ADU. Thus, it would be best to address future requests on a case-by-case basis where restrictions can be placed on the property by the ZBA as part of a public review. If the number of requests increase in the years ahead, the City can always adopt comprehensive ADU standards to accommodate the demand. Mr. Beidoun questioned if a loft could be built above a garage. Mr. Cohen explained that yes it could be converted into living space with some building code/zoning limitations. The living space could not become a rental unit since only one dwelling unit (i.e., the primary home) is permitted in one-family zoned areas. Motion made by Mr. Beidoun to accept the recommendation of the Director of Community Development and not proceed with drafting an ordinance to allow Accessory Dwelling Units at this time. Second by Mr. Burmeister VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0 8. COMMUNICATIONS - None 9. ELECTION OF OFFICERS Motion made by Mr. Beidoun to elect Mr. Ouellette as Chairperson for the Planning Commission Second by Mr. Pierce VOTE: YES: All NO: None Motion Carried 6-0 Motion made by Mr. Ouellette to elect Mr. Beidoun as Vice-Chairperson for the Planning Commission Second by Ms. Shearer VOTE: YES: All NO: None Motion Carried 6-0 Motion made by Mr. Beidoun to elect Eric Mendieta as Secretary for the Planning Commission Second by Mr. Burmeister VOTE: YES: All NO: None Motion Carried 6-0 10. NEXT SCHEDULED MEETING – Wednesday, March 15, 2017 at 7:00 p.m. in the City Council Chamber 11. ADJOURNMENT The meeting was adjourned at 8:10 p.m. Respectfully Submitted, Kris Klassen, Transcriptionist

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AGENDA ITEM NO. 8A & 8B OFFICE OF THE CITY MANAGER

To:

Mayor and City Council

From:

Thomas A. Tanghe, City Manager; Donald K. Grice, Assistant City Manager

Submitted: February 23, 2017 Subject:

Motion to Accept the Second Reading and Adoption of Ordinances 17-888 and 17-889 Granting City Council the Right to Permit the Sale and Use of Alcohol at Certain City Sanctioned Events on City Properties.

INTRODUCTION AND HISTORY As you are aware, the proposed ordinance amendments are in response to consistent feedback from guests at community events along with comments provided by residents in our 2016 Citizen Survey. Residents and event attendees have requested that city officials consider adding activities that would be more attractive to a wider age group of citizens. Some of the comments provided advised that we add events for “grown-ups,” including allowing for the consumption of alcohol. Considering this information, city staff assembled a committee to evaluate all of the possible effects of this change. The consensus of the group was that if controlled and administered properly, the introduction of alcohol at a select number of city events could attract a demographic of our community that is currently underrepresented at our activities. The following proposed ordinance changes are based on the recommendations of that committee, along with additional input from City Council. To clarify, these amendments will only allow for the sale and/or consumption of alcohol at city sanctioned events upon approval of the City Council. These ordinance amendments will not allow for the possession or consumption of alcohol at city parks or facilities at unapproved events. Summary of Proposed Amendments 1. Auburn Hills City Council may issue a permit to allow the consumption of alcoholic beverages during approved city sanctioned events in city parks and city facilities. 2. Auburn Hills City Council may issue a permit to allow the sale of alcoholic beverages during approved city sanctioned events in city parks and city facilities.

STAFF RECOMMENDATION

Staff supports the proposed changes to the existing ordinances.

MOTION #1

Move to accept the Second Reading and Adoption of Ordinance 17-888 to Amend Chapter 50, Parks and Recreation of the Auburn Hills City Code and Set for Public Hearing and Second Reading/Adoption at the Meeting of February 27, 2017. MOTION #2

Move to accept the Second Reading and Adoption of Ordinance 17-889 to Amend Chapter 10, Amusements and Entertainments of the Auburn Hills City Code and Set for Public Hearing and Second Reading/Adoption at the Meeting of February 27, 2017.

O:\CITY

COUNCIL PACKET\FEBRUARY 27\Alcohol Ord\Alcohol In Parks Memo To Council(2).Docx

Page 2

I CONCUR: THOMAS A. TANGHE, CITY MANAGER

    Chapter 50 ‐ PARKS AND RECREATION     FOOTNOTE(S): --- (1) --Cross reference— Administration, ch. 2; alcoholic liquors, ch. 6; animals, ch. 14; environment, ch. 34; offenses and miscellaneous provisions, ch. 46; vegetation, ch. 78. State Law reference— Authority to operate recreation areas and playgrounds, MCL 123.51 et seq., MSA 5.2421 et seq.

Sec. 50‐1. ‐ Definitions.   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dusk means the darker stage of sunset. (Ord. No. 353, § 1, 4-1-85)

Cross reference— Definitions generally, § 1-2. Sec. 50‐2. ‐ Penalty for violation.   Any person violating any of the provisions of section 50-3 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $500.00 and costs of prosecution, by imprisonment for not more than 90 days, or by both such fine and costs and imprisonment in the discretion of the court. (Ord. No. 353, § 4, 4-1-85)

Sec. 50‐3. ‐ Regulations governing city parks and city recreational grounds.   (a) All city parks and the recreational grounds of the city civic center shall be open daily year round to the public from 7:00 a.m. until 5:00 p.m. or dusk, whichever is later. It shall be unlawful for any person, other than city employees on authorized city business, to be present in a city park or the recreational grounds of the city civic center at any time other than that set forth in this subsection, unless the person is participating in part of and/or viewing a city-sponsored activity and/or function or the person and/or organization that the person is a member of has been granted permission by the city manager and/or his designee to be present in a city park or the recreational grounds of the city civic center at a specific time other than that set forth in this subsection. (b) It shall be unlawful for any person at any time to possess, consume, sell, distribute or transport any alcoholic beverages of any kind in or upon the city parks or the recreational grounds of the city civic center. Except as otherwise provided in this subsection, it shall be unlawful for any person at any time to possess, consume, sell, distribute or transport any alcoholic beverages of any kind in or upon the city parks, city facilities or the recreational grounds of the city civic center. The consumption and/or sale of alcoholic beverages in city parks, city facilities and/or the recreational grounds of the city civic center may be permitted by the Auburn Hills City Council subject to the following conditions: (1) The Auburn Hills City Council may, in its sole discretion, issue a permit to allow the consumption of alcoholic beverages during approved events sanctioned by the city and/or its authorized instrumentalities. If the Auburn Hills City Council issues such a permit, individuals of legal drinking age may bring beer and/or wine to approved city and/or its authorized instrumentalities’ sanctioned events in city parks, city

 

 

Page 1 

    facilities and/or the recreational grounds of the city civic center and only personal/individual sized coolers are allowed and no glass containers shall be permitted. (2) The Auburn Hills City Council may, in its sole discretion, issue a permit to allow the sale of alcoholic beverages during approved city and/ or its authorized instrumentalities’ sanctioned events in city parks, city facilities and/or the recreational grounds of the civic center, by a City approved, licensed, bonded and insured third party vendor or concessionaire. (3) The consumption of alcoholic beverages as permitted in this subsection shall only be allowed in designated areas approved by the Auburn Hills City Council. (c) It shall be unlawful for any person to vandalize, burn, deface, or destroy in any fashion any city property located in any city park and the recreational grounds of the city civic center, including, but not limited to, property such as picnic tables, barbecues, fencing and gates, signs, grass, trees and shrubs. (d) It shall be unlawful for any person to operate or bring onto any city park and the recreational grounds of the city civic center, except on designated roads and parking areas, any motorized vehicles, including, but not limited to, cars, trucks, vans, motorcycles, mopeds, snowmobiles, and all terrain vehicles of any type. (e) It shall be unlawful for any person to engage in any type of hunting or trapping on any city park and the recreational grounds of the city civic center. (f)

Except as authorized by law, it shall be unlawful for any person to possess any weapon in any city park or the recreational grounds of the city civic center, including, but not limited to, weapons such as firearms, BB guns, pellet guns, slingshots and bows and arrows.

(g) It shall be unlawful for any person to obstruct any roadway, lane or sidewalk in any city park or the recreational grounds of the city civic center. (h) It shall be unlawful for any persons to congregate in any of the parking areas in any city park or the recreational grounds of the city civic center. (i)

It shall be unlawful for any person to bring onto any city park and the recreational grounds of the city civic center any animals other than dogs on a leash. (Ord. No. 353, § 2, 4-1-85; Ord. No. 533, § 2, 1-25-93)

Sec. 50‐4. ‐ Use of city parks and city recreational grounds conditioned upon compliance with rules and  regulations.   The use by any person of any city park and the recreational grounds of the city civic center, and the facilities located thereon, including, but not limited to, baseball diamonds, shuffleboard courts, tennis courts, hiking and physical fitness trails and wildlife observation decks, is conditioned upon compliance with the regulations set forth in section 50-3, and upon any regulations or requirements established by the department of public works for the city. In addition to any penalties that may be provided for by this chapter, or any other ordinance or law, any person not in compliance with any such regulation or requirement, upon being so advised by any police officer of the city, or any duly authorized representative of the department of public works or the recreation department of the city, shall promptly depart from the city park or recreational grounds of the city civic center. (Ord. No. 353, § 3, 4-1-85)

Sec. 50‐5. ‐ Regulations governing cabin rental and camping at E. Dale Fisk Hawk Woods Nature Center.   (a) Applicability. Notwithstanding any other provisions of this chapter to the contrary, the provisions of this section shall specifically govern and be applicable to cabin rental and camping at the E. Dale Fisk Hawk Woods Nature Center located at 3799 Bald Mountain Road, Auburn Hills, Michigan; however, those city park rules and regulations, as set forth in this chapter, which are not in conflict with anything contained herein, shall also apply to and be enforced by the E. Dale Fisk Hawk Woods Nature Center. (b) Location of campground. Camping shall only be permitted in the established campground as designated on the E. Dale Fisk Hawk Woods Nature Center map and only after the required fee has

 

 

Page 2 

    been paid by those persons proposing to camp. Camping shall be prohibited in any other area of the E. Dale Fisk Hawk Woods Nature Center. (c) Purpose of campground and cabins. The campground and cabins at the E. Dale Fisk Hawk Woods Nature Center have been established for the pleasure and experience of recreational camping. The campground and cabins shall not be a place for permanent or semipermanent residence or the location for the operation of business. The E. Dale Fisk Hawk Woods Nature Center is a place of environmental awareness, and parties utilizing the E. Dale Fisk Hawk Woods Nature Center shall not remove anything from the grounds, and shall leave the E. Dale Fisk Hawk Woods Nature Center in the same condition as when they arrived. (d) Adoption of rules and regulations. The city council shall, by resolution, establish and promulgate specific rules and regulations governing and controlling the use of cabin rental and camping at the E. Dale Fisk Hawk Woods Nature Center, including the lodge. The city council may, from time to time and as needed, amend the rules and regulations by resolution. (Ord. No. 583, § 1, 11-14-95)

 

 

Page 3 

    Sec. 10‐30. ‐ Spectators entering with alcoholic beverage.   Except as otherwise permitted in Section 50-3, it shall be unlawful for any person who is entering a theater, athletic grounds used for an athletic game, stadium, arena, or place of public entertainment or amusement to be a spectator to carry into or transport into such premises any alcoholic beverages. (Ord. No. 443, § 5, 8-1-88)

Cross reference— Alcoholic liquors, ch. 6.

 

 

Page 1 

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AGENDA ITEM NO. 9A.

To:

Mayor and City Council

From:

Thomas A. Tanghe, City Manager and Michelle Schulz, Finance Director/Treasurer

Submitted: February 15, 2017 Subject:

Resolution to join the Michigan Cooperative Liquid Asset Security System (CLASS) Investment Pool

INTRODUCTION AND HISTORY As of October 31st, 2014, JPMorgan closed their Governmental Pooled Accounts. The City of Auburn Hills had used these pooled accounts for many years to invest City funds until needed to meet expenses for the year. The funds earned extra interest until withdrawn. Funds that were in the pooled accounts at the end of October, 2014 were transferred to the City’s operating cash account. In April, 2015, we joined the Oakland County’s Local Government Investment Pool in recognition of a need to improve cash management activities by realizing some earnings on cash that was idle in the City operating account. Serving a similar purpose to the previous JP Morgan pooled accounts, the LGIP has proved to complement to our cash management program. In an effort for further diversification, provision for daily flexibility, and to support a more robust effort in daily cash management, staff recommends adding another pool alternative to our managed cash portfolio. Staff learned of this product at a recent Michigan Government Finance Officer Association (MGFOA) networking event and it has received favorable remarks in conversation with other municipal entities using this pool. Staff maintains complete control of how the pool is used as there are no restrictions regarding minimum/maximum withdrawals or contributions; it can be used frequently or on an as needed basis. The City of Auburn Hills would have the opportunity to take advantage of the safety, liquidity, independence, and competitive returns offered by this cash management and liquid investment option. Attached is a resolution that would approve participating in the Michigan Cooperative Liquid Asset Security System (CLASS) Investment Pool. It is administered by Public Trust Advisors, LLC. The Michigan CLASS Investment Pool is a legal entity under the Michigan Statutes. It is an independent inter-local governmental pool with a duly elected Board of Trustees elected by active participants of the pool. The 12 member board currently has 9 municipal and 3 public school representatives with staggered terms. The board effectively manages the pool by directing the administrator with emphasis on safety and liquidity while providing diversification of investments. The Michigan CLASS Investment Pool investments are fully compliant with Public Act 20. The pool is rated AAA. The securities purchased are delivered to the custodian bank Wells Fargo Bank, N.A., for safekeeping. As of 1/24/2017, Michigan Class reports a daily yield of .94%. In the Michigan CLASS Investment Pool, there are 290 funded participants with over $842 million shares outstanding as of February 14, 2017. Participants range from very large to very small, including some our own neighboring communities. Attached you will find additional supplementary material including the full participation agreement. Staff has insured that our investment policy allows for participation in the pool and has also reviewed this recommendation with the City’s investment consultants at AndCo Consulting. AndCo Consulting concurs with staff’s recommendation. The participation agreement for this investment pool has been appropriately reviewed by the City Attorney. Richard Garay, Marketing Director for the Michigan CLASS Pool, has met with staff several times while we have been considering the value of this product. To answer questions about the investment O:\CITY

COUNCIL PACKET\FEBRUARY 27\9a. Miclass-New Business\Cover Memo - Miclass.Docx

Page 2

pool, Mr. Garay is expected to be available for questions and comments. Also, expected in attendance is the city’s investment consultant, Mr. Brian Green. Upon approval of the attached resolution, staff can formally complete the registration packet and establish an account within the pool. It is staff’s intention to begin funding the pool with known cash needs such as payroll and drawing necessary funds weekly or biweekly to capture additional interest income it currently is unable to recognize. STAFF RECOMMENDATION The Staff recommends that the City of Auburn Hills join the Michigan Cooperative Liquid Asset Security System Investment Pool to invest City operating funds by signing the attached resolution and agreement.

MOTION Move to adopt the attached resolution and agreement to join the Michigan Cooperative Liquid Asset Security System Investment Pool.

I CONCUR: THOMAS A. TANGHE, CITY MANAGER

  Authorizing Resolution    WHEREAS, certain governmental units described in Schedule 1 attached to this Resolution (the  “Public Agencies”) desire to enter into or have entered into an interlocal agreement substantially in the  form attached hereto as Exhibit B (the “Participation Agreement”) for the purpose of exercising jointly  the power each Public Agency has to invest its surplus funds; and  WHEREAS, the City of Auburn Hills is a Public Agency under the Participation Agreement and is  authorized by Michigan law to invest its funds in certain investments (the “Permitted Investments”); and  Whereas, Act 7 of the Public Acts of the Extra Session of 1967, as amended, (the Urban  Cooperation Act of 1967) authorizes the City of Auburn Hills to contract in the form of an interlocal  agreement to provide for the manner of investment of surplus funds or proceeds of grants, gifts, or  bequests to the parties to the interlocal agreement under the control of a legal or administrative entity  created by that interlocal agreement.  NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS;  1. The City of Auburn Hills adopts the Participation Agreement substantially in the form of Exhibit B  which is incorporated in the Resolution by reference thereto and agrees to join with other Public  Agencies to become a Participant under the terms of the Participation Agreement and to accept  additional Public Agencies as new Participants without subsequent action.    2. The City of Auburn Hills agrees to and concurs in the appointment of those Trustees either being  appointed, to be appointed or currently serving as members of the Board of Trustees created  under the Participation Agreement and recognizes those Trustees and their successors as the  appointees of the City of Auburn Hills.    3. The City of Auburn Hills acknowledges and confirms the representation, warranties and  covenants provided in the Participation Agreement to the Investment Advisor and Custodian  under Participation Agreement, upon which they may respectively rely.    4. The City of Auburn Hills hereby authorizes Michelle Schulz (the “Authorized Officer”), to take the  following actions with regard to the participation of the City of Auburn Hills in the Participation  Agreement:    a. Deliver a certified copy of this Resolution to Investment Advisor under the Participation  Agreement.    b. Execute and deliver all notices, directions and instruction required or permitted by the  Participation Agreement from the City of Auburn Hills or Participant.   

c. Make contributions to the Investment Property as provided in the Participation  Agreement and select all or part of the Surplus Funds (as defined in the Participation  Agreement) to be contributed to the Investment Property.    d. Consent to an amendment to the Participation Agreement on behalf of the City of  Auburn Hills, if such amendment is not materially adverse to the interest of the City of  Auburn Hills, if necessary to conform to the Participation Agreement with law, or is a  technical change necessary to facilitate the intent of the Participation Agreement.    5. The Participant understands and agrees that it shall not amend or repeal this Resolution except  to the extent necessary to alter the limitations imposed on the Authorized Officer, to change  Authorized Officers, or to withdraw from the Participation Agreement.    6. All resolutions and parts of resolution in conflict with this Resolution shall be, and hereby are,  amended or repealed to the extent of such conflict.    RESOLUTION DECLARED ADOPTED.    STATE OF MICHIGAN  )        )ss  COUNTY OF OAKLAND)    I, the undersigned duly appointed City Clerk for the City of Auburn Hills, Oakland County,  Michigan do hereby certify that the foregoing is a true representation of the resolution passed  at the City Council meeting of February 27, 2017.  IN WITNESS WHEREOF, I have hereunto affixed my official signature on this XX day of XXX,  2017.         

 

 

          Terri Kowal, MMC 

 

          City Clerk 

 

          City of Auburn Hills 

       

 

 

 

   

 

     

     

     

     

     

     

     

________________________________  Terri Kowal  City Clerk 

Participation Agreement Dated as of October 1, 1991 by and among The Michigan Public Agencies that have entered into this Agreement for the purpose of combining funds available for investment and appointing an Investment Advisor (Restated With Amendments through December 31, 2011)

2082730_4

This Participation Agreement dated as of October 1, 1991 (the “Participant Agreement”) constitutes an interlocal agreement creating a legal entity pursuant to Section 5 of Act 7 of the Public Acts of the Extra Session of 1967, as amended (the Urban Cooperation Act of 1967), entered into by and among the Michigan Public Agencies that have adopted an Authorizing Resolution substantially in the form of this Participation Agreement for the purpose of exercising jointly each participating Public Agency’s independent power to invest Surplus Funds. WHEREAS, Section 28 of Article 7 of the Michigan Constitution of 1963 provides, among other things, that the Legislature of the State of Michigan shall “authorize two or more counties, townships, cities, villages or districts, or any combination thereof to enter into contractual undertakings or agreements with one another…for the joint administration of any of the functions or powers which each would have the power to perform separately”, and “to share the costs and responsibilities of such functions and services with one another”; and WHEREAS, pursuant to the Urban Cooperation Act of 1967 a Public Agency is authorized to exercise jointly with any other public agency of the State any power, privilege or authority which such agencies share in common and which each might exercise separately; and WHEREAS, each Public Agency is permitted pursuant to the provisions of the Michigan Laws to invest certain of its Surplus Funds in statutory Permitted Investments; and WHEREAS, each Public Agency will receive a substantial benefit by agreeing to invest such funds in concert with the other Participants because of economies of scale; and WHEREAS, it will increase the efficiency of such investment if the Surplus Funds are invested through one entity, the Custodian; and WHEREAS, it will increase the efficiency of the investment if the record keeping and other administrative functions are performed by one entity, the Investment Advisor, and if the investment instructions of the Participants are transmitted through one entity, the Investment Advisor, to the Custodian; and WHEREAS, the governing body of each Public Agency desiring to become a Participant has adopted an Authorizing Resolution in the form attached hereto as Exhibit D, authorizing the responsible officer of the Public Agency to invest Surplus Funds of the Public Agency pursuant to this Participant Agreement; and NOW, THEREFORE, in consideration of the premises and the representations, warranties, covenants and agreements contained herein, the Public Agency hereby adopts the following Participation Agreement and agrees to be bound by its terms:

1 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

TABLE OF CONTENTS ARTICLE I DEFINITIONS ................................................................................................................. 5 ARTICLE II ESTABLISHMENT............................................................................................................. 9 2.1 Establishment, Purpose ............................................................................. 9 2.2 Name ...................................................................................................... 9 2.3 Participation Requirements, Changes of Incumbency ..................................... 9 2.4 Location .................................................................................................. 9 ARTICLE III PARTICIPANTS................................................................................................................ 10 3.1. Method of Participation .............................................................................. 10 3.2. Exercise of Participants’ Rights ................................................................... 10 3.3. Election of the Board of Trustees ................................................................ 10 3.4 Voting ..................................................................................................... 10 3.5. Proxies .................................................................................................... 10 3.6. Contributions ........................................................................................... 10 3.7. Withdrawals ............................................................................................. 11 3.8 Receipt of Statements and Reports; Requests .............................................. 12 3.9 Termination of Participation ....................................................................... 12 ARTICLE IV BOARD OF TRUSTEES ...................................................................................................... 14 4.1. Establishment of Board .............................................................................. 14 4.2. General Powers ........................................................................................ 14 4.3. Investments and Management; The Investment Program .............................. 14 4.4. Title to Investments; Rights as Holders of Investment Property ...................... 14 4.5. Payment of Expenses ................................................................................ 15 4.6. Power to Contract, Appoint, Retain and Employ ............................................ 15 4.7 Insurance ................................................................................................ 15 4.8. Borrowing and Indebtedness ...................................................................... 15 4.9 Remedies................................................................................................. 16 4.10 Information Statement .............................................................................. 16 4.11. Contracting with Affiliates .......................................................................... 16 4.12 Further Powers ......................................................................................... 16 ARTICLE V TRUSTEES ...................................................................................................................... 17 5.1 Number and Qualification........................................................................... 17 5.2 Term of Office .......................................................................................... 17 5.3 Election of Trustees ................................................................................... 17 5.4 Resignation of Trustees ............................................................................. 18 5.5 Removal of Trustees ................................................................................. 18 5.6 Vacancies ................................................................................................ 18 5.7 Meetings .................................................................................................. 18 5.8 Bylaws .................................................................................................... 19 5.9 Officers ................................................................................................... 19

2 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE VI INVESTMENT ADVISOR .................................................................................................... 20 6.1. Appointment ............................................................................................ 20 6.2. Duties and Obligations of the Investment Advisor ......................................... 20 6.3. Designated Funds ..................................................................................... 21 6.4 Special Sub-Accounts ................................................................................ 21 6.5 Successor ................................................................................................ 22 6.6 Third-Party Beneficiary .............................................................................. 22 ARTICLE VII THE CUSTODIAN ............................................................................................................. 23 7.1. Appointment and Acceptance ..................................................................... 23 7.2. Resignation and Removal; Successors ......................................................... 23 7.3. Powers .................................................................................................... 24 7.4. Custodian Relationship; Records ................................................................. 26 7.5. Reliance on Instructions ............................................................................ 26 7.6. Subrogation ............................................................................................. 26 7.7. Insurance ................................................................................................ 27 7.8. Setoff ...................................................................................................... 27 ARTICLE VIII REPRESENTATIONS AND WARRANTIES .............................................................................. 28 8.1. Representations and Warranties of Each Participant ...................................... 28 8.2. Representations and Warranties of the Investment Advisor ............................ 28 8.3. Representations and Warranties of the Custodian ......................................... 28 ARTICLE IX COVENANTS ................................................................................................................... 30 9.1. Source of Contributions ............................................................................. 30 9.2. Truth of Representations and Warranties ..................................................... 30 9.3. Compliance with Law ................................................................................. 30 ARTICLE X AMENDMENT AND TERMINATION ...................................................................................... 31 10.1. Amendment ............................................................................................. 31 10.2. Termination ............................................................................................. 32 10.3 Power to Effect Reorganization ................................................................... 33 ARTICLE XI LIMITATION OF LIABILITY ................................................................................................ 34 11.1. Liability to Third Persons ............................................................................ 34 11.2. Liability of Trustees to Others ..................................................................... 34 11.3. Indemnification ........................................................................................ 34 11.4. Reliance on Experts................................................................................... 35 11.5. Liability Insurance..................................................................................... 35 ARTICLE XII MISCELLANEOUS ............................................................................................................ 36 12.1. Governing Law ......................................................................................... 36 12.2. Counterparts ............................................................................................ 36 12.3. Severability.............................................................................................. 36

3 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

12.4. 12.5. 12.6. 12.7. 12.8. 12.9. 12.10. 12.11.

Gender; Section Headings and Table of Contents .......................................... 36 No Assignment ......................................................................................... 36 No Partnership ......................................................................................... 36 Notice ..................................................................................................... 36 Entire Agreement...................................................................................... 37 Confidentiality .......................................................................................... 37 Disputes .................................................................................................. 38 Effective Date........................................................................................... 38

EXHIBIT A CONTRIBUTION PROCEDURES .......................................................................................... A-1 EXHIBIT B WITHDRAWAL PROCEDURES ............................................................................................ B-1 EXHIBIT C VALUATION PROCEDURES ................................................................................................ C-1 EXHIBIT D AUTHORIZING RESOLUTION............................................................................................. D-1 EXHIBIT E INVESTMENT CRITERIA .................................................................................................. E-1 EXHIBIT F-1 INVESTMENT POLICY ...................................................................................................... F-1-1

4 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE I DEFINITIONS “Account” means any account opened and maintained pursuant to Section 7.3(a) by the Custodian for the benefit of the Participants and to which the Investment Property of the Participants is credited and opened. “ACH” means the Automated Clearing House. “Act” means the Urban Cooperation Act of 1967, Act No. 7 of the Public Acts of the Extra Session of 1967, as amended, being Sections 124.501 to 124.512 of the Michigan Compiled Laws, or any successor act. “Affiliate” means, with respect to any Person, another Person directly or indirectly in control of, controlled by or under common control with such Person, or any officer, director, partner or employee of such Persons. “Authorized Officer” means the person authorized by a Participant in an Authorizing Resolution authorized to act on behalf of the Participant. “Authorizing Resolution” means a resolution of a Public Agency authorizing the Public Agency to become a Participant, a sample of which is attached hereto as Exhibit D (the “Sample Authorizing Resolution”). “Balance” for each Participant means the Investment Property Value of a Participant’s account on any given day. “Board” means the Board of Trustees created by Article IV. “Business Day” means a day on which banks are not required or authorized by law to close in the State and on which the Investment Advisor or Custodian is not closed. “Conflicting Provisions” shall have the meaning set forth in Section 12.3 hereof. “Contribution Procedures” means the procedures for making contributions to the Investment Property set forth in Exhibit A. “Custodian” means the Person appointed and under the direction of the Investment Advisor pursuant to Article VII. “Custodian Agreement” means the agreement entered into between the Investment Advisor and Custodian.

5 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

“Fund” means any of the funds established by the Investment Advisor pursuant to Section 6.3 hereof. “Government Funds” shall have the meaning ascribed to it in Section 3 hereof. “Investment Advisor” means any Person appointed, employed or contracted with by the Board to manage the Investment Property. “Investment Advisor Agreement” means the agreement entered into between the Investment Advisor and the Board. “Investment Advisor Liabilities” means any liabilities for the Investment Advisor under Section 11.1 for which indemnification is not provided by Section 11.3. “Investment Authority Acts” means Act No. 20 of 1943, as amended, being Sections 129.91 to 129.97a of the Michigan Compiled Laws; Act No. 451 of 1976, as amended, being Sections 380.1 to 380.1853 of the Michigan Compiled Laws; Act No. 331 of 1966, as amended, being Section 389.1 to 389.195 of the Michigan Compiled Laws; Act No. 94 of the Public Acts of 1933, as amended, being Sections 141.101 to 141.140 of the Michigan Compiled Laws; and any successor act thereto and any other act which authorizes the investment of Surplus Funds. “Investment Criteria” means the objectives and standards for Permitted Investments set forth in Exhibit E. “Investment Funds” means immediately available Surplus Funds delivered by each Participant to the Custodian for investment pursuant to this Participation Agreement but only if (i) such Participant is authorized pursuant to the law of the State to invest such funds and (ii) the Participant has taken all actions necessary pursuant to the laws of the State to authorize the delivery and investment of such funds. “Investment Property” means any and all property, real, personal or otherwise, tangible or intangible, which is transferred, conveyed or paid to an Account by any Participant pursuant to Section 3.6 hereof and all proceeds, income, profits and gains therefrom that have not been distributed to the Participant pursuant to Section 3.7 hereof, used to discharge an Investment Property Liability or offset by losses and expenses. “Investment Property Liability” means any liability (whether known, unknown, actual, contingent or otherwise) incurred in connection with the Investment Property pursuant to this Participation Agreement. “Investment Property Value” means the value of the Investment Property net of the amount of the Investment Property Liabilities as determined pursuant to the Investment Advisor Agreement and the Valuation Procedures described in Exhibit C hereto.

6 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

“Michigan CLASS” means an investment program under the Act known as the Michigan Cooperative Liquid Assets Securities System, the separate legal and administrative entity created by this Participation Agreement. “Participant” means a Public Agency which has entered into a Participation Agreement. “Participation Agreement” means this Participation Agreement dated as of October 1, 1991 by and among the Participants, as amended from time to time. “Permitted Investments” means bonds, securities, and other obligations of the United States, or any agency or instrumentality of the United States in which the principal and interest is fully guaranteed by the United States; securities issued or guaranteed by the Government National Mortgage Association; United States government or federal agency obligation repurchase agreements which are secured by the transfer of title and custody of obligations to which the repurchase agreements relate, which maintain the market value of those obligations during the life of the repurchase agreement at levels equal to or greater than the amounts advanced and for which an undivided interest in those obligations are pledged to the Participants or to the Custodian on behalf of the Participants; and any other investment permissible to all Participants individually under the Investment Authority Acts which the Board may authorize upon recommendation of the Investment Advisor. “Person” means any municipal corporation, district, corporation, natural person, firm, joint venture, partnership, trust, unincorporated organization, group government, or any political subdivision, department or agency of the government. “Person in Good Standing” means an Authorized Officer of a Participant with greater than a Zero-Balance who does not serve on the Board of any other investment program in the State substantially similar in form to Michigan CLASS. “Prime Fund” shall have the meaning ascribed to it in Section 6.3 hereof. “Public Agency” means a county, city, village, township, school district, authority, or any other political subdivision organized under the laws of the State and a public agency under the Act, which at all times is: (a) a political subdivision of the State of Michigan or a public instrumentality of the State of Michigan within the meaning of Section 3(a)(2) of the Securities Act of 1933, as amended; and (b) a political subdivision of the State of Michigan, or an agency, authority, or instrumentality of the State of Michigan, or any of its political subdivisions within the meaning of Section 2(b) of the Investment Company Act of 1940, as amended. “Record Date” means the date no more than 30 days prior to the date of any vote of the Participants, as fixed by the Investment Advisor.

7 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

“State” means the State of Michigan. “Surplus Funds” means money which belongs to or is under the control of the Public Agency and is available for investment in Permitted Investments, not being required by law or agreement with bondholders to be segregated and invested in a specific manner. “Trustee” means any member of the Board of Trustees created pursuant to Article IV. “Valuation Procedures” means the procedures for determining the value of the Investment Property set forth in Exhibit C. “Withdrawal Procedures” means the procedures for requesting payments out of the Investment Property set forth in Exhibit B. “Zero Balance” means any Participant’s Balance that is less than or equal to $0.00.

8 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE II ESTABLISHMENT 2.1. Establishment, Purpose. Through the creation of the Board, the Participants hereby establish a separate legal and administrative entity organized and existing pursuant to the Act for the purpose of exercising jointly each participating Public Agency’s independent power to invest Surplus Funds. 2.2. Name. The name of the entity created by this Participation Agreement shall be “Michigan Cooperative Liquid Asset Securities System” (“Michigan CLASS”) and the Board shall conduct the entity’s activities, execute all documents and sue and be sued under that name. The Board may use such other distinctions, including Michigan CLASS, and they may adopt such other name or names as they deem proper, and the entity may hold property and conduct its activities under such designations or names. The Board shall take such action as they, acting with the advice of counsel, shall deem necessary or appropriate to file or register such names in accordance with the laws of the State or the United States of America so as to protect and reserve the right of the entity in and to such names. 2.3

Participation Requirements, Changes of Incumbency.

(a) Only those Public Agencies that have adopted this Participation Agreement and have complied with its provisions may become Participants. (b) Each Public Agency adopting and executing this Participation Agreement and otherwise complying with the provisions hereof shall become a Participant; however only those Participants carrying greater than a Zero Balance are entitled to voting rights, as described in Section 3.4. 2.4. Location. Michigan CLASS shall maintain an office of record in the State and may maintain such other offices or places of business as the Board may from time to time determine. The office of record may be changed from time to time by resolution of the Board, and notice of such change of the office of record shall be given to each Participant.

9 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE III PARTICIPANTS 3.1. Method of Participation. Any Public Agency that wishes to become a party to this Participation Agreement may do so by adopting an Authorizing Resolution, such as, for example, the Authorizing Resolution attached here to as Exhibit D and, upon adoption, delivering a certified copy of the Authorizing Resolution to the Investment Advisor. A copy of this Participation Agreement shall be adopted through incorporation by reference into the Authorizing Resolution of the Public Agency. The Investment Advisor shall provide written notification to the Custodian and other Participants of the admission of a new Participant. Any Public Agency that becomes a Participant shall have the same rights and obligations hereunder as any other Participant. 3.2. Exercise of Participants’ Rights. All rights of the Participants as set forth in this Participation Agreement shall be exercised by their respective Authorized Officer. Wherever in this Participation Agreement action is required by or allowed to a Participant, such action shall be taken by the Authorized Officer on behalf of the Participant. All notices required to be sent to Participants shall be sent to the Authorized Officer. 3.3.

Election of the Board of Trustees.

3.4.

Voting.

The Participants shall elect the members of the

Board.

(a) Subject to subsection (b) below, each Participant through its Authorized Officer shall be entitled to one vote as a matter of right with respect to the following matters: (i)

Election of the Board;

(ii)

Amendment of the Participation Agreement;

(iii)

Termination of the Participation Agreement; and

(iv)

Reorganization of the Participation Agreement.

(b) Any Participant whose has a Zero Balance as of any Record Date remains a Participant but has no voting rights as of such Record Date. A Participant shall regain voting rights upon a subsequent Record Date if on such subsequent Record Date, the Participant carries greater than a Zero Balance. 3.5. Proxies.An Authorized Officer may vote by proxy, provided that no proxy shall be voted unless it shall have been placed on file with the Secretary of Michigan CLASS or with such other Officer of Michigan CLASS as the Secretary may direct. All proxies shall be revocable at the option of the Authorized Officer at any time prior to the vote. 3.6.

Contributions.

10 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(a) After the Participation Agreement is effective and the Investment Advisor Agreement is entered into with the Investment Advisor, each Participant shall have the right from time to time to deliver Investment Funds to the Custodian for credit to such Participant’s Balance. A Participant that wishes to make such a delivery shall notify the Investment Advisor and follow the Contribution Procedures set forth in Exhibit A. Upon the receipt of a notice from a Participant, the Investment Advisor shall notify the Custodian, by written or electronic notification, of the notice and the amount to be invested by the Participant. (b) The Balance of a Participant shall be increased upon the delivery of Investment Funds by an amount equal to the amount of such Investment Funds. (c) Upon receipt of a Participant’s Investment Funds, the Custodian shall deliver a confirmation to the Investment Advisor. The Investment Advisor shall note the increase in such Participant’s Balance, shall retain a copy of the confirmation in its records, and shall deliver the written confirmation of the delivery to the Participant. (d) If the Investment Advisor has received notice that a Public Agency no longer qualifies as a Participant or that any funds delivered pursuant to Section 3.6 are not Investment Funds, the Investment Advisor shall request the Custodian to return to such Participant such funds, and such Participant shall bear all of the costs and liabilities associated with the delivery of such funds. 3.7.

Withdrawals.

(a) Each Participant shall have the right from time to time to request, in accordance with the Withdrawal Procedures set forth in Exhibit B hereto, that the Investment Advisor notify the Custodian to pay to the Participant, or to its order, any amount (rounded to the nearest whole cent) that is less than or equal to its Balance at the time that payment is made pursuant to such request. (b) Upon the receipt of any withdrawal request, the Investment Advisor shall notify the Custodian, by written or electronic notification, of the withdrawal request from the Participant, and the requested amount (rounded to the nearest whole cent) shall be paid by the Custodian to, or on behalf of, such Participant. (c) Whenever any payment is made to, or to the order of, any Participant pursuant to Section 3.7(b) hereof, such Participant’s Balance shall be reduced by the Investment Advisor by the amount of such payment. (d) Subject to the terms and conditions of this Participation Agreement, the Custodian shall honor a Participant’s request, upon notice from the Investment Advisor, to pay to a Participant, any amount (rounded to the nearest whole cent) that is less than or equal to such Participant’s Balance at the time payment is made. (e) Each Participant agrees that, without prior notice, the right to withdrawals may be temporarily suspended or postponed for the whole or any part of any period (i) during which

11 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

trading in securities generally on the New York Stock Exchange or the American Stock Exchange or over-the-counter market shall have been suspended or minimum prices or maximum daily charges shall have been established on such exchange or market, (ii) a general banking moratorium shall have been declared by federal or State authorities or (iii) there shall have occurred any outbreak, or material escalation, of hostilities, or other calamity or crisis, the effect of which on the financial markets of the United States is such as to make it impracticable (a) to dispose of the Investment Property because of the substantial losses which might be incurred or (b) to determine the Investment Property Value in accordance with the Valuation Procedures set forth in Exhibit C. The Investment Advisor shall determine on behalf of the board, when an event occurs which, under this Section entitles the Custodian to temporarily suspend or postpone a Participant’s right to withdrawals, and shall immediately notify the Custodian and each Participant by telephone or electronic medium of such determination. Such a suspension or postponement shall not itself directly alter or affect a Participant’s Balance. Such a suspension or postponement shall take effect at such time as is determined by the Investment Advisor, and thereafter there shall be no right to request or receive payment until he first to occur of: (a) in the case of (i) or (ii) above, the time at which the Investment Advisor declares the suspension or postponement at an end, which declaration shall occur on the first day on which the period specified in the clause (i) or (ii) above shall have expired; and (b) in the case of (iii) above, the end of the first day on which the period specified in clause (iii) above is no longer continuing. Any Participant that requested a payment prior to any suspension or postponement of payment may withdraw its request at any time prior to the termination of the suspension or postponement. 3.8.

Receipt of Statements and Reports; Requests.

(a) The Investment Advisor on behalf of the Board shall provide to each Participant a copy of any statements or reports prepared pursuant to the Investment Advisor Agreement and applicable to such Participant. (b) In addition, each Participant may direct the Investment Advisor to provide a statement of the value of the Participant’s Balance as of the date of the request. The Investment Advisor shall provide such statement. (c) Each Participant may direct the Investment Advisor to maintain the records relating to such Participant in a manner that subdivides the Participant’s Balance into subaccounts or other special accounts to accommodate the desire of such Participant to segregate a portion of its Investment Funds and Investment Property related to the Participant’s Balance. (d) No Participant shall be entitled to any reports or statements applicable solely to another Participant. (e) The Board is entitled to any reports or statements applicable to any or all Participants as it shall request of the Investment Advisor and prepared pursuant to the Investment Advisor Agreement. 3.9.

Termination of Participation.

12 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(a) Any Participant may withdraw from this Participation Agreement at any time upon written notice to the Investment Advisor, who shall promptly notify the Custodian and the other Participants upon receipt of such notice of withdrawal. Upon its withdrawal from this Participation Agreement, a Participant shall cease to have any rights or obligations under this Participation Agreement except for any indemnification obligations set forth in Article XI arising on or before the date of withdrawal. A notice of withdrawal shall be deemed to constitute a request under the Payment Procedures that an amount equal to the requesting Participant’s Balance as of the date of such notice be paid to such Participant. No withdrawal shall become effective until such Participant has a Zero Balance, and until such time, such Participant shall continue to possess all the rights, and to be subject to all the obligations, arising from this Participation Agreement. (b) Any Participant that no longer qualifies as a Public Agency, that breaches any material covenant contained in Article IX hereof or for which any of the representations contained in Article VIII hereof ceases to be true shall be deemed to have given a notice of withdrawal pursuant to Section 3.9(a) hereof immediately upon such disqualification, breach or cessation, but shall not be deemed to have requested the payment of its Balance unless and until it either makes an actual payment request or the Investment Advisor determines that such a disqualification, breach or cessation has occurred.

13 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE IV BOARD OF TRUSTEES 4.1. Establishment of Board. The management of Investment Property shall be under the direction of the Board of Trustees, which is hereby created by this Participation Agreement as a separate entity. 4.2 General Powers. The Board shall serve as the fiduciary for the Participants and shall have exclusive and absolute control over the Investment Property to the same extent as if the Board were the sole owner of the Investment Property in its own right. All powers granted by this Participation Agreement to the Investment Advisor or Custodian shall also be considered powers of the Board which have been delegated for the term of the agreement with the Investment Advisor. The Board may perform such acts as they determine in their sole discretion as proper for conducting the business of the Board. The enumeration of any specific powers shall not be construed as limiting the powers of the Board. Such powers may be exercised with or without an order or other action by any court. In construing the provisions of this Participation Agreement, the presumption shall be in favor of a grant of power to the Board. 4.3. Investment and Management; The Investment Program. The Board shall have the power to subscribe for, invest in, reinvest in, purchase or otherwise acquire, hold, pledge, sell assign, transfer, exchange, distribute or otherwise deal in or dispose of Permitted Investments pursuant to the Michigan CLASS Investment Policy, attached hereto as Exhibit F-1. In accordance with Section 10.1(d) hereof, the Michigan CLASS Investment Policy may be amended upon providing Participants 30 days’ notice of such amendment. In the exercise of its powers, the Board shall not be limited to Permitted Investments maturing before the possible termination of this Participation Agreement. The general investment policy and objective of the Board shall be to provide to the Participants the preservation of capital and liquidity, while providing a competitive investment yield by investing in Permitted Investments. The Board shall appoint an Investment Advisor and the Board is directed to enter into the Investment Advisor Agreement with the Investment Advisor consistent with the terms of this Participation Agreement. The Investment Advisor Agreement shall not be for a term greater than 10 years, but may be subject to renewal for successive terms. The Investment Advisor shall have the power to manage the Investment Property, including the authority to exercise all powers vested by this Section with the Board other than the designation of additional investments as Permitted Investments. 4.4. Title to Investments; Rights as Holders of Investment Property. Legal title to all Investment Property shall be vested in the Board on behalf of the Participants and shall be held by and transferred to the Board, except that the Board shall have full and complete power to cause legal title to any Investment Property to be held, if permitted by law, in the name of any other Person as nominee, on such term, in such manner and with such powers as the Board may determine, so long as in the judgment of the Board the interests of the Board and the Participants are adequately protected. The Board shall have full and complete power to exercise all of the rights, powers and privileges appertaining to the ownership of the Investment Property to the same extent that any

14 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

individual might, and, without limiting the generality of the foregoing, to vote or give any consent, request or notice, or waive any notice either in person or by proxy or power of attorney, with or without the power of substitution, to one or more persons, which proxies and powers of attorney may be for meeting or actions generally, or for any particular meeting or action, and may include the exercise of discretionary powers. 4.5.

Payment of Expenses. The Board shall have full and complete power:

(a) to incur and pay any charges or expenses which in the opinion of the Board are necessary or incidental to or proper for carrying out any of the purposes of this Participation Agreement; (b) to pay any taxes or assessments validly and lawfully imposed upon or against the Investment Property or the Board in connection with the Investment Property or upon or against the Investment Property or income or any part thereof; (c) to reimburse others for payment of such expenses and taxes; and (d) to pay appropriate compensation or fees from the Investment Property to a person with whom the Board has contracted or transacted business. All payments or expenses incurred pursuant to this Section will be a liability payable solely from the Investment Property. The Trustees shall not be paid compensation for their services as Trustees hereunder. 4.6. Power to Contract, Appoint, Retain and Employ. The Board is responsible for the investments of Michigan CLASS consistent with the investment policy established in this Participation Agreement and for the general administration of the business and affairs of Michigan CLASS. Subject to the limitations expressed in Section 4.11 of this Participation Agreement, the Board shall have full and complete power to, and shall at all times, appoint, employ, retain, or contract with any person of suitable qualifications (including any corporation, partnership, trust or other entity of which one or more of them may be an Affiliate) for the transaction of the affairs of the Board. 4.7. Insurance. The Board shall have full and complete power to purchase or to cause to be purchased and pay for, entirely out of Investment Property, insurance policies ensuring Michigan CLASS, officers, employees and agents of Michigan CLASS individually against all claims and liabilities of every nature arising by reason of holding of having held any such office or position, or by reason of any action alleged to have been taken or omitted by Michigan CLASS or any such person, officer, employee and agent, including any action taken or omitted that may be determined to constitute negligence, whether or not Michigan CLASS would have the power to indemnify such person against such liability. 4.8. Borrowing and Indebtedness. The Board shall not borrow money or incur indebtedness, whether or not the proceeds thereof are intended to be used to purchase Permitted Investments, except as a temporary measure to facilitate the transfer of funds to the Participant which

15 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

might otherwise require unscheduled dispositions of portfolio investments, but only to the extent permitted by law. 4.9. Remedies. Notwithstanding any provision in this Participation Agreement, when the Board deems that there is a significant risk that an obligor to Michigan CLASS may default or is in default under the terms of any obligation of Michigan CLASS, the Board shall have full and complete power to pursue any remedies permitted by law which, in their sole judgment, are in the interests of Michigan CLASS, and the Board shall have full and complete power to enter into any investment, commitment or obligation of Michigan CLASS resulting from the pursuit of such remedies as are necessary or desirable to dispose of property acquired in the pursuit of such remedies. 4.10 Information Statement. The Board shall have full and complete power to prepare, publish and distribute an Information Statement regarding Michigan CLASS and to amend or supplement the same from time to time. 4.11. Contracting with Affiliates. To the extent permitted by law, the Board may enter into transactions with any Affiliate of any of the Trustees or any Affiliate of the Investment Advisor if: (a) each such transaction (or type of transaction) has, after disclosure of such affiliation, been approved or ratified by the affirmative vote of a majority of the Board, including a majority of the Trustees who are not Affiliates of any person who is a party to the transaction with the Board, and (b) such transaction (or type of transactions) is, in the opinion of the Board, on terms fair and reasonable to the Board and the Participants and at least as favorable to them as similar arrangements for comparable transactions with organizations unaffiliated with the Board or with the person who is a party to the transaction with the Board. 4.12. Further Powers. The Board shall have full and complete power to take all such actions, do all such matters and things, and execute all such instruments as they deem necessary, proper or desirable in order to carry out, promote or advance the interests and purposes of Michigan CLASS although such actions, matters or things are not herein specifically mentioned. Any determination as to what is in the best interest of Michigan CLASS made by the Board in good faith shall be conclusive. In construing the provisions of this Participation Agreement, the presumption shall be in favor of a grant of power to the Board.

16 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE V TRUSTEES

5.1.

Number and Qualification.

(a) members.

The Board shall have at least nine (9) but no more than thirteen (13)

(b) The members of the Board shall be comprised of at least one (1) but not more than four (4) members from each of the following Participant categories: (i)

Counties;

(ii)

Cities/Villages;

(iii)

Townships;

(iv)

School Districts (including intermediate school districts); and

(v)

Other Public Agencies not listed above (including community colleges).

The Board shall be the sole judge of the election and qualification of its members. (c)

Only a Person in Good Standing is eligible for election to the Board.

5.2. Term of Office. The term of office for a Trustee shall be three years or until a successor has been appointed and qualified, and such term shall begin at the meeting of the Board following the election. Trustees may serve any number of successive terms. The term of Trustees shall be staggered such that the term of at least one-third of all Trustees shall expire in any year. 5.3.

Election of Trustees.

(a) Participants shall elect Trustees by a majority vote of those voting Participants in accordance with Section 3.4. Prior to each vote, the Board shall prepare a ballot containing sufficient candidates to assure that at least one but no more than four Trustees from each Participant category listed in Section 5.1(b) above may be elected. (b) After each election, each Participant shall by this Participation Agreement be considered to have appointed each person elected by such vote as their Trustee unless and until removed pursuant to Resignation according to Section 5.4 or Removal according to Section 5.5.

17 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

5.4. Resignation of Trustees. Any Trustee may resign without need for prior or subsequent accounting by notice in writing signed by the Trustees and delivered to the Board, and such resignation shall be effective upon such delivery, or at a later date specified in the written notice. 5.5. Removal of Trustees. As provided in Section 7 of the Act, the governing body of each Participant may vote, at will, to remove one or more of the Trustees it appointed. A Trustee removed by a Participant will not be considered the appointee of that Participant, but shall remain a member of the Board unless removed by a majority of the Participants. If a Participant elects to remove all of the Trustees it appointed, the Participant will be considered to have terminated its participation and withdrawn from this Participation Agreement. Any Trustee can be removed from the Board for all Participants for good cause by the action of at least two-thirds (2/3) of the remaining Trustees. 5.6. Vacancies. The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the death, resignation, adjudicated incompetence or other incapacity to perform the duties of the office, or removal by all Participants, of a Trustee. In the case of a vacancy, the Board continuing in office shall, by majority vote, appoint another person as a replacement Trustee to serve until the expiration of the term for the office to which the replacement Trustee is appointed. The replacement Trustee shall be considered, unless removed pursuant to Section 5.5, the appointee of each Participant. 5.7.

Meetings.

(a) The Annual meeting of the Board shall be the last meeting of the calendar year and shall be for the purpose of the election of officers, setting the calendar for regular meetings and other organizational matters, as provided in the Bylaws. (b) Regular meetings of the Board shall be established annually in the method described in the Bylaws of the Board and may be held without call or notice at the time and place so established. (c) Special meetings of the Board may be held from time to time upon the call of the Chairperson or any two Trustees in the manner described in the Bylaws of the Board. (d) A quorum of the Board shall be a majority of all Trustees appointed and serving. Any action of the Board may be taken at a meeting by a simple majority vote of those Trustees present and voting, provided a quorum is present, unless a supermajority is required by another Section of this Participation Agreement or by law of the State. (e) Meetings of the Board shall be subject to the Open Meetings Act (Act No. 267 of 1976, being Sections 15.261-15.275). (f) With respect to any Affiliate of any Trustee, Trustees who are so affiliated within the meaning of Section 4.11 of this Participation Agreement or otherwise interested in any action to be taken must disclose such affiliation or interest. Such Trustees may be counted for

18 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

quorum purposes, but such Trustees shall not be entitled to vote upon any matter related to the Affiliate or interest. 5.8. Bylaws. The Board shall adopt, and may, from time to time, amend or repeal Bylaws for the conduct of the business of the Board, and in such Bylaws, may among other things, define the duties of the respective officers, agents, employees, and representatives of the Board, and shall establish the rules of calling of meetings and determination of regular and special meetings. 5.9. Officers. The Board shall annually elect a Chairperson and other officers having the responsibilities and powers described in the Bylaws.

19 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE VI INVESTMENT ADVISOR 6.1.

Appointment.

(a) The Board shall appoint an Investment Advisor for the purpose of fulfilling the responsibilities provided the Investment Advisor under this Participation Agreement, and each Participant hereby delegates to the Board the authority to enter into an agreement with the Investment Advisor for a period not to exceed 10 years and on the terms set forth in this Participation Agreement. Such Investment Advisor Agreement may be renewed for successive terms. (b) The Investment Advisor shall be required pursuant to the Investment Advisor Agreement to accept such appointment and to agree to render the services and to assume the obligations set forth therein and in this Participation Agreement, for the compensation provided in the Investment Advisor Agreement 6.2.

Duties and Obligations of the Investment Advisor.

(a) The duties of the Investment Advisor shall be those set forth in the Investment Advisor Agreement. Such duties may be modified by the Board from time to time. The Board may authorize the Investment Advisor to effect purchases, sales or exchanges of Investment Property on behalf of the Board or may authorize any officer, employee, agent or member of the Board to affect such purchases, sales or exchanges pursuant to recommendations of the Investment Advisor, all without further action by the Board. Any and all of such purchases, sales and exchanges shall be deemed to be authorized by the Board. The Board has authorized the establishment of a primary fund for the investment of Surplus Funds of the Participants in Section 6.3 hereof, and may direct the Investment Advisor to establish specially designated Funds with specific investment characteristics pursuant to Section 6.3 of this Participation Agreement; the establishment thereof shall not require any further action of the Board. After such direction, any such establishment of specially designated Funds shall be deemed authorized by the Board. (b) The Participants and the Board delegate no discretion to the Investment Advisor hereunder to invest Investment Property in any but Permitted Investments and the Investment Advisor shall expressly refuse to accept any delegation of such discretion. Except as set forth herein and subject to law, the decision of how to invest or not to invest shall remain at all times under the control of the Board. The Investment Advisor is directed to cause Investment Property of each Participant to be invested in concert in Permitted Investments and consistent with the investment criteria set forth in Exhibit E, Exhibit F-1 or such other exhibits created pursuant to Section 6.3 hereof. The Investment Advisor shall have no additional discretion than that stated in this Participation Agreement in carrying out the directions set forth in this Section 6.2 or Section 6.3. (c) The Investment Advisor shall at no time have custody of, or physical control over, any of the Investment Property. The Investment Advisor shall, upon approval of the Board, appoint a Custodian, as defined in the Participation Agreement, to receive, hold for reinvestment, and clear all Investment Property. The Investment Advisor shall not be liable for any act or omission of

20 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

the Custodian, but shall be liable for the Investment Advisor’s acts and omissions as provided herein. Each Participant and the Board direct the Custodian to act, and the Custodian shall agree to act, in accordance with the instructions of the Investment Advisor. (d) The types of Permitted Investments into which Investment Property shall be invested is determined by the Board pursuant to the Participation Agreement and, subject to Section 6.3 hereof, the Board delegates the selection of investments within those Permitted Investments to the Investment Advisor. All actions of the Investment Advisor in selecting investments which meet the investment parameters contained herein and in implementing the sale or purchase of securities are taken behalf of the Board. 6.3. Funds. The Investment Advisor shall cause the Custodian to establish a primary fund (the “Prime Fund”) for the investment of Surplus Funds of the Participants. The Prime Fund shall be invested in Permitted Investments pursuant to the criteria and policies contained in Exhibit E and Exhibit F-1 hereto. Not withstanding anything in this Participation Agreement to the contrary, the Investment Advisor may, upon the direction of the Board, cause the Custodian to establish specially designated Funds, in addition to the Prime Fund, with specified investment characteristics that may be more limited than the Permitted Investments, but may not be broader (the “Government Funds” and, together with the Prime Fund, the “Funds”). The Investment Advisor may cause the Custodian to establish such Government Funds once the Board or its designee has approved in writing the investment characteristics of such Government Funds. If established, any such Government Fund shall consist only of Permitted Investments, and the investment characteristics of each such Government Fund shall be set forth in a separate investment policy made an exhibit to this Participation Agreement, which exhibit shall be titled “Exhibit F-__” with the applicable number being inserted in the blank. The establishment of such Government Funds shall not be deemed an amendment of this Participation Agreement. According to the contribution procedures set forth in Section 3.6 hereof, a Participant may direct the Investment Advisor to invest its Surplus Funds in any of the established Funds. The Investment Advisor shall cause each such Fund to maintain accounts and reports separate from any other Fund. The Investment Advisor shall cause to be maintained a separate rating on each such Fund. All provisions of this Participation Agreement and the Investment Advisor Agreement shall apply to any such Funds. 6.4 Special Sub-Accounts. Notwithstanding anything in this Participation Agreement to the contrary, the Investment Advisor from time to time may propose to the Participants that the Participants establish specially designated, individualized sub-accounts within any Fund with investment, withdrawal, contribution or other characteristics different, but no broader, than those set forth in this Participation Agreement. Such characteristics may include, without limitation, certain restrictions on amounts to be deposited, the types of Permitted Investments to be made, and additional administration fees. A Participant in its sole discretion may create such proposed special, individualized sub-accounts within any Fund. Any special sub-account that is created pursuant to this Section 6.4 shall be subject to the terms and investment policies set forth in the proposal of the Investment Advisor until the terms governing such special sub-account are amended by the specific Participant having such sub-account. In order to amend such terms, the Participant must provide to the Investment Advisor a special investment policy governing such special sub-account. Such investment policy may not be broader than the Investment Policy of Prime Fund attached to this Participation Agreement as Exhibit F-1, or if a sub-account is created for a Government Fund, such investment policy may not be broader than the investment policy outlined in the exhibit corresponding to such Government Fund and in no case shall it be broader than the investment policy contained in Exhibit F-1 hereto. The establishment of such special sub-accounts and the amendment of the investment policy for such sub-account shall not be deemed an amendment of the Participation

21 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

Agreement. The Investment Advisor shall calculate the return realized by such special sub-accounts separate and apart from the returns realized by other sub-accounts maintained for other Participants. 6.5 Successor. In the event that, at ay time, the position of Investment Advisor shall become vacant for any reason, the Board may appoint, employ or contract with a successor. 6.6 Third-Party Beneficiary. The Participants expressly agree that the Investment Advisor is a third-party beneficiary of this Participation Agreement.

22 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE VII THE CUSTODIAN 7.1.

Appointment and Acceptance.

(a) Subject to the approval of the Board, the Investment Advisor is directed to appoint and provide direction to the Custodian. The Custodian shall be required to accept the duties and obligations of the Custodian described in this Participation Agreement. (b) The Investment Advisor may appoint, with the consent of the Custodian, or authorize the Custodian to utilize sub-custodians to serve as a Custodian in the performance of the obligations of the Custodian hereunder provided that (a) the use of such sub-custodians is permitted under the law of the State, (b) the use of such sub-custodians will not render the performance of any provision of this Participation Agreement by any of the parties hereto invalid, illegal or not permitted under the laws of the State, (c) the Investment Advisor shall use its best efforts to ensure that the collective interests of the Participants in the Investment Property is clearly indicated on the records of any sub-custodian, (d) the Investment Advisor shall use its best efforts to ensure that the collective interests of the Participants in the Investment Property is not diminished or adversely affected because of the Custodian’s use of a sub-custodian and (e) the sub-custodian is a bank or trust company, savings and loan association or credit union eligible to be a depositor of surplus funds of the state under Sections 3 and 6 of Act No. 105 of the Public Acts of 1855, as amended, being Sections 21.145 to 21.146 of the Michigan Compiled Laws. A sub-custodian does not include, and a Custodian may utilize, any Affiliate of the Custodian as a depository to hold or clear Investment Property or instruments evidencing Permitted Investments made with Investment Property in the name of any nominee name of the Custodian on behalf of the Participants. (c) The Custodian shall receive, hold for reinvestment, and clear all Investment Funds and Investment Property. The Custodian shall perform those functions with respect to Investment Funds and Investment Property as provided by this Participation Agreement and the Custodian Agreement. (d) No Investment Funds or Investment Property received by the Custodian pursuant to this Participation Agreement shall be accounted for in any manner which might cause such Investment Funds or Investment Property to become assets or liabilities of the Custodian. (e) With respect to school districts which are Participants, the Custodian and any sub-custodian utilized by the Custodian shall be considered, for purposes of Section 1223(2) of Act No. 451 of the Public Acts of 1976, as amended, being Section 380.1223 of the Michigan Compiled Laws, to be the depository of the funds of a school district from which a contribution under Section 3.6 was made and into which the instrument representing that contribution shall be deposited. (f) The Custodian shall, within thirty (30) days of issuance, deliver a copy of its annual report to the Investment Advisor and the Board. 7.2.

Resignation and Removal; Successors.

23 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(a) The Custodian may resign upon the giving of at least ninety (90) days’ prior written notice to the Investment Advisor. (b) Subject to the approval of the Board, the Investment Advisor may remove the Custodian upon not more than sixty (60) days’ prior written notice to the Custodian. Notwithstanding the foregoing, the removal of the Custodian shall not be deemed effective unless a successor shall have been chosen and accepted the position. 7.3.

Powers.

(a) (i) The Custodian is authorized and directed to open and maintain, and the Custodian shall open and maintain, one Account for each Fund established by the Investment Advisor in the name of “(Name of Custodian) as Custodian for (Name of Fund) for the Benefit of the Participants who are parties to a Participation Agreement dated as of October 1, 1991” and will accept for safekeeping and for credit to the Account, in accordance with the terms hereof, all Investment Funds delivered pursuant to Section 3.6 and Section 6.3 hereof, and the income or earnings derived therefrom, delivered to or collected by it for deposit in or otherwise held in the Account. The Custodian may accept funds hereunder and shall not be required to make an independent determination whether such funds are Investment Funds. (ii) All securities and other non-cash Investment Property held in the Account shall be physically segregated from other securities and non-cash property in the possession of the Custodian and shall be identified as subject to this Participation Agreement. (b) Only upon and in accordance with instructions of the Investment Advisor as provided herein shall the Custodian, for the account and risk of the Participants: (i)

receive and deliver Investment Funds and all other Investment

Property; (ii) exchange securities in temporary or bearer form for securities in definitive or registered form and surrender securities at maturity or earlier when advised for a call for redemption; (iii) make, execute, acknowledge and deliver as Custodian, any and all documents or instruments (including but not limited to all declarations, affidavits and certificates of ownership) that may be necessary or appropriate to carry out the powers granted herein; (iv)

make any payments incidental to or in connection with this Section

7.3(b); (v) sell, exchange or otherwise dispose of any and all Investment Property free and clear of any and all interests of any and all Participants, at public or private sale, with

24 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

or without advertisement and execute and deliver any deed, power, assignment, bill of sale, or other instrument in connection therewith; and (vi) exercise all other rights and powers and to take any action in carrying out the purposes of this Participation Agreement. (c) (i) The Custodian shall collect the income on the Investment Property and distribute it in accordance with instructions of the Investment Advisor in accordance with Article III hereof; (ii) the Custodian shall hold the Investment Property and all instruments evidencing Permitted Investments made with Investment Property (a) in its vaults physically segregated and held separate and apart from other property of the Custodian; (b) in its account at Depository Trust Company or other depository or clearing corporation in the name of the Custodian on behalf and for the benefit of the Participants; or (c) in a book entry account in the name of the Custodian on behalf and for the benefit of the Participants with the Federal Reserve Bank, in which case a separate accounting of the Investment Property shall be maintained by the Custodian at all times. The Investment Property and all instruments evidencing Permitted Investments made with Investment Property held by any such depository or clearing corporation or Federal Reserve Bank may be held in the name of their respective nominees, provide, however, that the custodial relationship and the interests of the Participants regarding such Investment Property and instruments shall be noted on the records of the Investment Advisor and the custodial relationship on behalf of the Participants shall be noted on the records of the Custodian; (iii) with respect to enforcing rights in connection with the Investment Property, the Custodian shall have the power to act upon instruction of the Investment Advisor in order to prevent the loss or default upon Investment Property, including, without limitation, the power to: (a) collect, sue for, receive and receipt for all sums of money or other property due; (b) consent to extensions of the time for payment, or to the renewal of any securities, investments or obligations; (c) engage or intervene in, prosecute, defend, compromise, abandon or adjust by arbitration or otherwise any actions, suits, proceedings, disputes, claims, demands or things relating to the Investment Property; (d) foreclose any collateral, security or instrument securing any investments, notes, bills, bonds, obligations or contracts that are part of or relate to the Investment Property; (e) exercise any power of sale, and convey good title thereunder free of any and all interests of any and all Participants, and in connection with any such foreclosure or sale, purchase or otherwise acquire title to any property; (f) be a party to the reorganization of any Person and transfer to the deposit with any corporation, committee, voting trustee or other Person any securities, investments or obligations of any Person which form a part of the Investment Property, for the purpose of such reorganization or otherwise; (g) participate in any arrangement for enforcing or protecting the interests of the holders of such securities, investments or obligations and to pay any assessment levied in connection with such reorganization or arrangement; (h) extend the time (with or without security) for the payment or delivery of any debts or property and to execute and enter into releases, agreements and other instruments; (i) pay or satisfy any debt or claims; and (j) file any

25 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

financing statements concerning the Investment Property with the appropriate authorities to protect the Investment Property from any potential claim of any creditors of any of the Participants. 7.4.

Custodian Relationship; Records.

(a) The Custodian shall hold the Investment Property for the collective benefit of each of the Participants. The Investment Property shall be the property of the Participants and shall not be, or be deemed to be, an asset or a liability of the Custodian. (b) The Custodian acknowledges that the records concerning the Investment Property shall be maintained by the Investment Advisor and that such records shall conclusively determine the interests of each Participant in the Investment Property; the Custodian hereby agrees that such records are conclusively determinative of the interests of the Participants. The Investment Advisor shall cause such records to separately account for each Participant, and to show any deposits, earnings, withdrawals or fees associated with the Participant. Notwithstanding the foregoing, the Custodian shall maintain its own internal records concerning the Account and the transactions contemplated by this Participation Agreement. 7.5.

Reliance on Instructions.

(a) The Custodian shall accept and shall be fully protected if it relies upon the instructions actually received and given in writing or as otherwise provided by this Section by any authorized officer, employee or agent of the Investment Advisor, and all authorizations shall remain in full force and effect until cancelled or superseded by subsequent instructions received by the appropriate account officer of the Custodian. The authorized officers, employees or agents of the Investment Advisor shall be only such persons as are authorized by corporate resolution of the Investment Advisor duly certified in writing to the Custodian by the Investment Advisor’s Secretary. The Custodian may rely on instructions received by generally accepted methods of transmission acceptable to the Custodian which the Custodian believes in good faith to have been given by an authorized person. The Custodian may also rely on instructions transmitted electronically through the Asset Management System (“AMS”) or a customer data entry system or any similar electronic instruction system acceptable to the Custodian. The Custodian shall have no responsibility to assure that the instructions of the Investment Advisor either conform to the Participation Agreement or require actions to be taken which are authorized by law. The Custodian shall incur no liability as a result of any act or omission by the Custodian in accordance with instructions on which the Custodian is authorized to rely pursuant to the provisions of this Section 7.5. (b) In the absence of bad faith or gross negligence on its part, the Custodian may conclusively rely, as to the truth and correctness of the statements expressed in notices, certificates or documents submitted to it, and the Custodian need not investigate any fact or matter stated in any such notice, certificate or document submitted to it or verify the accuracy of the contents thereof. 7.6. Subrogation. The Investment Advisor on behalf of the Board shall be entitled to be subrogated to the rights of the Custodian, with respect to any claim against any other person or

26 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

institution which the Custodian may have, as a consequence of any loss or damage to the Investment Property. In such event, the Investment Advisor shall consult with the Custodian concerning selection of counsel and management of any litigation to recover for loss. 7.7. Insurance. The Custodian will maintain insurance coverage of the following types and amounts with limits agreed to by the Board: Financial Institutions Bond: $100,000,000 per occurrence and in the aggregate Professional Liability: $100,000,000 per occurrence and in the aggregate. 7.8. Setoff. The Custodian shall not have, and shall not seek to enforce, any right of setoff, recoupment or similar rights against the Investment Property for any amounts owed to the Custodian pursuant to this Participation Agreement.

27 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE VIII REPRESENTATIONS AND WARRANTIES 8.1. Representations represents and warrants that:

and

Warranties

of

Each

Participant.

Each

Participant

hereby

(a) the Participant has taken all necessary actions and has received all necessary approvals and consents in order to execute and deliver this Participation Agreement and to perform its obligations hereunder, including, without limitation, the appointment of the Investment Advisor; and (b) the adoption and performance of the Participation Agreement does not violate the Participant’s charter or organizational documents or any applicable general law or other local ordinance, rule or regulation; and (c) the performance of this Participation Agreement has been duly authorized and this Participation Agreement is the legal, valid and binding obligation of the Participation Agreement, as of the date specified therein, are true and complete and contain no material misstatements of fact or omissions that render them misleading; and (d) the certificates delivered hereafter by the Participant pursuant to this Participation Agreement, as of the date specified therein, are true and complete and contain no material misstatements of fact or omissions that render them misleading; and (e) the adoption and performance of the Participation Agreement does not conflict with or result in the breach or termination of, or otherwise give any other person the right to terminate, or constitute a default, event of default or an event with notice or lapse of time, or both would constitute a default or an event of default under the terms of any contract or permit to which the Participant is a party or by which the Participant or its properties are bound. 8.2. Representations and Warranties of the Investment Advisor. The Investment Advisor represents and warrants in the Investment Advisor Agreement that: (a) the Investment Advisor is a duly organized and validly existing corporation, duly qualified to conduct business in the State; and (b) the performance of its duties described under this Participation Agreement and the execution, performance and delivery of the Investment Advisor Agreement have been duly authorized and are the legal, valid and binding obligations of the Investment Advisor, enforceable against the Investment Advisor in accordance with their terms. (c) investment advisor.

it is a United States Securities and Exchange Commission registered

8.3. Representations and Warranties of the Custodian. The Custodian appointed by the Investment Advisor shall represent and warrant that:

28 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(a) it is a duly organized and validly existing banking corporation, organized under the laws of the State and duly qualified to conduct business in the State; and (b) the performance of this Participation Agreement has been duly authorized and is the legal, valid and binding obligation of the Custodian, enforceable against it in accordance with its terms.

29 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE IX COVENANTS 9.1. Source of Contributions. Each Participant hereby covenants that it will deliver pursuant to Section 3.6 only Investment Funds that constitute Surplus Funds and are permitted to be invested pursuant to the laws of the State and any ordinance or local regulation applicable to such Participant, and that it will perform all actions required by the laws of the State and any ordinance or local regulation application to such Participation to be done prior to such investment. 9.2. Truth of Representations and Warranties. Each party to this Participation Agreement hereby covenants that it shall withdraw from this Participation Agreement prior to the time any of the representations and warranties made by it in Article VIII hereof ceases to be true. 9.3. Compliance With Law. The parties agree that this Participation Agreement is intended to comply fully with all provisions of the Act.

30 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE X AMENDMENT AND TERMINATION 10.1.

Amendment.

(a) This Participation Agreement may be amended from time to time. Participation Agreement may be amended upon:

The

(i) a two-thirds (2/3) majority approving vote of the Trustees appointed and present at a meeting of the Board; (ii) following the approval of the Board, the simple majority approving vote of the Participants; and (iii) following the approval of the Participants, the two-thirds (2/3) majority vote of the Trustees present at a meeting of the Board, reapproving the amendment. (b) Notwithstanding the foregoing, the Board may, from time to time, upon a twothirds (2/3) vote of the Board and after 45 days prior written notice to the Participants, amend or alter the provisions of this Participation Agreement without the vote of the Participants which it deems in good faith to be necessary to conform this Participation Agreement to the requirements of applicable laws or regulations or any interpretation thereof by a court or other governmental agency of competent jurisdiction, but the Board shall not be liable for failing to do so. Notwithstanding the foregoing, no amendment may be made pursuant to this Section 10.1(b) which would substantively alter the rights of the Participants or liability of the Participants or Trustees. (c) Any amendment executed pursuant to Section 10.1(a) or (b) hereof will be effective thirty (30) days after the last affirmative vote is obtained as required by Section 10.1(a) or (b) hereof. A certification signed by a two-thirds (2/3) majority of the Board setting forth an amendment and reciting that it was duly adopted or a copy of the Participation Agreement, as amended and executed by a two-thirds (2/3) majority of the Board, shall be conclusive evidence of such amendment. (d) The amendment of any Exhibit to this Participation Agreement shall not be considered an amendment to the Participation Agreement and may be made by the Board to the extent consistent with the terms of the Participation Agreement. An amendment to an Exhibit pursuant to this Section 10.1(c) shall not be made effective until 30 days after each Participant has received notice of the amendment. 10.2.

Termination.

(a) following procedures:

This Participation Agreement may be terminated at any time pursuant to the

31 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(i) a three-quarters (3/4) majority approving vote of the Trustees appointed and serving; (ii) following the approval of the Board, the simple majority approving vote of the Participants; and (iii) following the approval of the Participants, the three-quarters (3/4) majority vote of the Trustees appointed and serving, reapproving the termination. (b)

This Participation Agreement shall terminate automatically if:

(i) at any time after one year after the date of this Participation Agreement there are fewer than two Participants; or (ii) the Board did not act to name a new Investment Advisor on or before the day that is immediately prior to the date on which the term of the Investment Advisor expires or the resignation or withdrawal of the Investment Advisor would otherwise become effective. (c)

Upon the termination of this Participation Agreement pursuant to this Section

10.2: (i) The Custodian and the Investment Advisor shall carry on no business in connection with the Investment Property except for the purpose of the protecting the value of the Investment Property, satisfying the Investment Property Liabilities and winding up its affairs in connection with the Investment Property; (ii) The Custodian and the Investment Advisor shall proceed to wind up their affairs in connection with the Investment Property, and all of the powers and responsibilities of the Custodian and the Investment Advisor under this Participation Agreement shall continue until the affairs of the Custodian and the Investment Advisor in connection with the Investment Property shall have been wound up, including, but not limited to, the power to collect amounts owed, sell, convey, assign, exchange, transfer or otherwise dispose of all or any part of the remaining Investment Property to one or more persons at public or private sale for consideration which may consist in whole or in part of cash, securities or other property of any kind, discharge or pay Investment Property Liabilities, and do all other acts appropriate to liquidate its affairs in connection with the Investment Property; provided, however, that any sale, conveyance, assignment, exchange, transfer, or other disposition of all or substantially all of the Investment Property shall require approval of the principal terms of the transaction and the nature and amount of the consideration by not less than the affirmative two-thirds (2/3) vote of the Board appointed and serving, and; (iii) After paying or adequately providing for the payment of all Investment Property Liabilities, and upon receipt of such releases, indemnities and refunding agreements as each of the Custodian and the Investment Advisor deem necessary for their protection, the

32 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

Investment Advisor shall direct the Custodian to distribute the remaining Investment Property, in cash or in kind or partly in each, among the Participants according to their respective proportionate Balances. (d) Upon termination of this Participation Agreement and distribution to the Participants as herein provided, the Investment Advisor shall execute and lodge among the records maintained in connection with this Participation Agreement an instrument in writing setting forth the fact of such termination, and the Investment Advisor, the Custodian and the Participants shall thereupon be discharged from all further liabilities and duties hereunder, and the rights and benefits of all Participants hereunder shall cease and be canceled and discharged; provided that Sections 4.3(a) of the Investment Advisor Agreement and Article XI hereof shall survive any termination of this Participation Agreement. (e) If this Agreement is terminated pursuant to Section 10.2(b) (ii) hereof because of the expiration of the term of the Investment Advisor or resignation and/or withdrawal of the Investment Advisor, such expiration, resignation and/or withdrawal shall be postponed until the instrument contemplated by Section 10.2(d) hereof has been executed and lodged among the records maintained in connection with this Participation Agreement. 10.3. Power to Effect Reorganization. If permitted by applicable law, including without limitation, the Act and the Investment Authority Acts, the Board, by vote or written approval of twothirds (2/3) of the Board appointed and serving, may select, or direct the organization of a corporation, association, trust, or other person with which Michigan CLASS may merge, or which shall take over the Investment Property and carry on the affairs of Michigan CLASS, and after receiving the affirmative vote of not less than a majority of all of the Participants, and a second affirmative vote of not less than two-thirds (2/3) of the Board appointed and serving, the Board may effect such merger or may sell, convey, and transfer the Investment Property to any such corporation, association, trust, or other person in exchange for cash or shares or securities thereof, or beneficial interests therein with the assumption by such transferee of the liabilities of Michigan CLASS; and thereupon the Board shall terminate Michigan CLASS and deliver such cash, shares, securities or beneficial interests ratably among the Participants of Michigan CLASS in redemption of their investments.

33 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE XI LIMITATION OF LIABILITY 11.1.

Liability to Third Persons.

(a) No member or representative of a Participant shall be subject to any personal liability whatsoever to any person in connection with the Investment Property or the acts, obligations or affairs of the Board. No Trustee, officer, employee or agent, including the Investment Advisor and Custodian, of the Board shall be subject to any personal liability whatsoever to any person, in connection with the Investment Property or affairs of the Board, other than liability arising from the bad faith, willful misfeasance, gross negligence or reckless disregard of duty by such Trustee, officer, employee or agent; and all persons shall look solely to the Investment Property for satisfaction of claims of any nature arising in connection with the affairs of the Board. No member or officer of a Participant, Trustee, officer, employee or agent of the Board who is made a party to any suit or proceeding to enforce any such liability shall on account thereof be held to any personal liability. (b) Claims of any nature arising in connection with the affairs of the Board from which a Trustee, officer, employee or agent of the Board are protected by this Section shall include any claims sustained by reason of any act or omission (including, but not limited to, investment advice or the failure to give investment advice at any time). (c) The Board shall indemnify and hold harmless each member or officer of a Participant from and against all claims and liabilities to which such member or officer of such Participant may become subject on behalf of the Participant by reason of being or having been a Participant, and shall reimburse such Participant or its officer or member for all legal and other expenses of such Participant reasonably incurred in connection with any such claim or liability. The rights accruing to a Participant or its members or officers under this Section shall not exclude any other right to which such Participant or member or officer may be lawfully entitled, nor shall anything herein restrict the right of the Board to indemnify or reimburse in any appropriate situation even though not specifically provided herein. 11.2. Liability of Trustees and Others. No Trustee, officer, employee or agent of the Board shall be liable to the Board or to any Participant, Trustee, officer, employee or agent thereof for any damages caused by action or failure to act except for damages caused by bad faith, willful misfeasance, gross negligence or reckless disregard of duties. Any agreements with the Investment Advisor or the Custodian shall provide for the personal liability of the Investment Advisor or the Custodian, as the case may be, for a willful or negligent failure to take reasonable measures to restrict investments of Investment Property to those permitted by law and this Participation Agreement. The provisions of this Section shall not limit the liability of any agent of the Board (including without limitation, the Investment Advisor or the Custodian) with respect to breaches by it of a contract between the agent and the Board. 11.3.

Indemnification.

34 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(a) The Board shall indemnify to the extent permitted by law each of the Trustees, officers, employees and agents, including the Investment Advisor and Custodian, against all liabilities and expenses (including without limitation amounts paid in satisfaction of judgments, in compromise, as fines and penalties, and as counsel fees) reasonably incurred in connection with the defense or disposition of any actual or threatened action, suit or other proceeding, whether civil or criminal, while in office or thereafter, by reason of being or having been such a Trustee, officer, employee or agent, except with respect to any matter as to which the Trustee, officer, employee or agent shall have adjudicated to have acted in bad faith, willful misfeasance, gross negligence or reckless disregard of their respective duties, or in the case of the Investment Advisor, in willful or negligent violation of the restrictions on investments of the Investment Property; provided, however, that so to any matter disposed of by a compromise payment by such person, pursuant to a consent decree or otherwise, no indemnification either for said payment or for any other expenses shall be provided unless the counsel approved by the Board agrees to the effect that if either the matter of willful misfeasance, gross negligence or reckless disregard of duty, or the matter of good faith and reasonable belief as to the best interests of the Board had been adjudicated, it would have adjudicated in favor of such person. (b) The provisions of this Section shall not be construed to permit the indemnification of any agent Board with respect to any breach of a contract between the agent and the Board. (c) The rights accruing to any person under these provisions shall not exclude any other right to which the person may be lawfully entitled; provided, however, that no person may satisfy any right of indemnity or reimbursement granted in this Article or to which the person may be otherwise entitled except out of the Investment Property, and no Participant shall be liable to any person with respect to any claim for indemnity or reimbursement of otherwise. 11.4.

Reliance on Experts.

(a) Each Trustee and each officer of the Board shall, in the performance of his or her duties, be fully and completely justified and protected with regard to any act or any failure to act resulting from reliance in good faith upon the books of account or other records of the Board, upon an opinion of counsel or upon reports made to the Board by any of its officers or employees or by the Investment Advisor, the Custodian, accountants, appraisers or other experts selected with reasonable care by the Board or officers of the Board. (b) Each Participant and the Board understands that in performing its services hereunder the Investment Advisor will rely on information provided by others and agree that the Investment Advisor is not responsible for the accuracy of such information. 11.5. Liability Insurance. The Board shall, at all times, payable from the Investment Property, maintain insurance or cause insurance to be purchased, for the protection of the Trustees, the Officers, employees and agents thereof, if any, in such amounts as the Board in its discretion shall deem adequate to cover foreseeable tort and contract liability to the extent available at reasonable rates.

35 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

ARTICLE XII MISCELLANEOUS 12.1. Governing Law. This Participation Agreement is executed by the Participants and delivered in the State and with reference to the laws thereof, and the rights of all parties and the validity, construction and effect of every provision hereof shall be subject to and construed according to the laws of the State. 12.2. Counterparts. This Participation Agreement may be executed in several counterparts, each of which when so executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. 12.3. Severability. The provisions of this Participation Agreement are severable, and if any one or more of such provisions (the “Conflicting Provisions”) are in conflict with any applicable laws, the Conflicting Provisions shall be deemed never to have constituted a part of this Participation Agreement and this Participation Agreement may be amended pursuant to Section 9.1 hereof to remove the Conflicting Provisions; provided, however, that such conflict or amendment shall not affect or impair any of the remaining provisions of this Participation Agreement or render invalid or improper any action taken or omitted prior to the discovery or removal of the Conflicting Provisions. 12.4.

Gender; Section Headings and Table of Contents.

(a) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa. (b) Any headings preceding the texts of the several Articles and Sections of the Participation Agreement and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Participation Agreement nor affect its meaning, construction or effect. 12.5. No Assignment. No party hereto may sell, assign, pledge or otherwise transfer any of its rights, benefits or interests under this Participation Agreement to any other Person, and any purported sale, assignment, pledge or other transfer shall be null and void. 12.6. No Partnership. Notwithstanding any provision hereof to the contrary, this Participation Agreement does not constitute an association of two or more Persons to carry on as co-owners a business for profit, and none of the parties intends this Participation Agreement to constitute a partnership or any other joint venture or association. Furthermore, none of the parties has any authority hereunder to personally bind or act as agent for another party in any manner whatsoever, except to the extent, if any, expressly provided elsewhere herein. 12.7. Notice. Unless otherwise specified in this Participation Agreement, all notices required to be sent under this Participation Agreement:

36 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(a) shall be in writing addressed to the Authorized Officer if notice is to be given to a Participant; to the address identified in the Investment Advisor Agreement if to the Investment Advisor; and to the address identified in the Custodian Agreement if to the Custodian. (b) shall be deemed to be sufficient if given by depositing the same in the United States mail, postage prepaid, addressed to the person entitled thereto at his address as it appears on the records maintained by the Investment Advisor; and (c)

shall be deemed to have been given on the day of such mailing.

12.8. Entire Agreement. This Participation Agreement shall constitute the entire agreement of the parties with respect to the subject matter and shall supersede all prior oral or written agreements in regard thereto. 12.9.

Confidentiality.

(a) All information and recommendations furnished by the Investment Advisor to the Participants that is marked confidential or is a trade secret and all information and directions furnished by the Investment Advisor to the Custodian shall be regarded as confidential by each such Person to the extent permitted by law. The Investment Advisor and the Custodian shall regard as confidential all information concerning the Investment Property and the affairs of the Participants or the Board. Nothing in this paragraph shall prevent any party from divulging information to civil, criminal, bank or securities regulatory authorities where such party may be exposed to civil or criminal proceedings or penalties for failure to comply. (b) In the event that on-line terminals and similar electronic devices are used for communication from the Investment Advisor to the Custodian, the Investment Advisor agrees to safeguard and maintain the confidentiality of all passwords or numbers and to disclose them only to such of its employees and agents as reasonably require access to the information concerning the Investment Property. The Custodian agrees to safeguard and maintain the confidentiality of all passwords or numbers and to limit access to this information for the purpose of acting pursuant to this Participation Agreement. The Custodian may electronically record any instructions given by telephone, and any other telephone discussions with respect to the Account or transactions pursuant to this Participation Agreement. (c) The Custodian may rely on the accuracy of all data received by it through electronic means and initiated by any person authorized by the investment advisor. Every person who uses the correct passwords to obtain information by electronic means or to make permissible transactions shall be presumed to have the Investment Advisor’s authority unless the Investment Advisor can prove all of the following: (i) a person using a correct password was not authorized to have access to this information if the Custodian has knowledge of such unauthorized use;

37 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(ii) the person using the password obtained it through or as a result of the Custodian’s gross negligent disclosure; and (iii) the disclosure by the Custodian was not authorized by the Investment Advisor prior to its unauthorized use. 12.10. Disputes. In the event of any dispute between the parties, the parties agree to attempt to resolve the dispute through negotiation or a method of alternative dispute resolution. No litigation shall be commenced without a certification by an authorized officer, employee, or agent of any party that the dispute cannot be resolved by negotiation or alternative dispute resolution provided in writing at least 10 days before commencing legal action. 12.11. Effective Date. This Participation Agreement shall be effective on the date two or more Public Agencies have executed this Participation Agreement, adopted an Authorizing Resolution and delivered such documents pursuant to Section 3.1.

38 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

EXHIBIT A CONTRIBUTION PROCEDURES 1)

A Participant shall provide notification to the Investment Advisor via methods acceptable to the Investment Advisor indicating the amount to be invested, and if more than one Fund has been established by the Investment Advisor, into which Fund such amount shall be invested (there is no minimum investment). The Participant shall instruct its bank depository to wire Investment Funds to the corresponding Account at the Custodian.

2)

Receipt of the Investment Advisor prior to the cut-off time established pursuant to the Michigan CLASS website, accessible at http://www.michiganclass.org, of notification of Investment Funds being deposited will cause the value of the Investment Funds to be credited and earn interest on the same Business Day.

3)

Receipt by the Investment Advisor after the cut-off time established pursuant to the Michigan CLASS website, accessible at http://www.michiganclass.org, of notification of Investment Funds being deposited will cause the value of the Investment Funds to be credited and earn Interest on the next Business Day.

4)

If Investment Funds for which notification of deposit has been given, are not received (except if the Participant can show the contribution procedures have been followed) by the end of the Business Day on which such notification is given, the Investment Advisor shall deduct the value of such Investment Funds from the Participant’s Balance if previously credited. If the Participant fails to instruct its bank depository to wire Investment Funds before the cutoff time established pursuant to the Michigan CLASS website, accessible at http://www.michiganclass.org, on the day notice of the deposit is provided the Investment Advisor, the Participant’s Balance shall be charged interest equal to any interest earned on such failed deposit for each day the Participant’s Balance was credited with the deposit before the date the deposit was received. If the Participant can show the contribution procedures have been followed, and, notwithstanding, the Investment Funds are not received, then the Investment Advisor shall seek to obtain such Investment Funds from the party responsible for failure of delivery.

5)

2082730_4

Participants are prohibited from withdrawing Investment Funds credited to their Balance pursuant to (2) or (3) above, until such Investment Funds are received by the Custodian.

A-1

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

EXHIBIT B WITHDRAWAL PROCEDURES 1)

The Participant shall provide notification to the Investment Advisor via methods acceptable to the Investment Advisor indicating the amount to be withdrawn, and if more than one Fund has been established, from which Fund such amount shall be withdrawn.

2)

The Participant shall indicate the payee and include wire or ACH instructions.

3)

Requests for withdrawals received by the Investment Advisor by the cut-off time established pursuant to the Michigan CLASS website, accessible at http://www.michiganclass.org will be processed to permit payment on the Business Day.

4)

Requests for withdrawals received by the Investment Advisor after the cut-off time established pursuant to the Michigan CLASS website, accessible at http://www.michiganclass.org, will be processed the following Business Day.

5)

Participants may only request withdrawals of an amount not to exceed their Balance at the time payment is made pursuant to such request.

6)

Requests for withdrawals received in accordance with (3) above by the Investment Advisor shall be wired or processed through ACH in accordance with the Participant’s instructions after noon on such Business Day and the funds so wired or processed through ACH shall be immediately available funds.

2082730_4

B-1

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

EXHIBIT C VALUATION PROCEDURES Valuation of Investments. Under the FASB Accounting Standards Codification (ASC), SFAS 157 was incorporated into a fair value measurement framework that establishes a hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities and the lowest priority to unobservable inputs. This framework emphasizes that fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date . Various inputs are used i n determining the value of CLASS’s portfolio investments. At least daily, the Investment Property Value shall be determined on a mark to market basis as follows: The Investment Advisor shall determine the market value of the specific investment holdings for the Michigan CLASS portfolio. The market values shall be obtained from one or more sources the Program Administrator believes to be reliable for providing such information. A credible pricing source will be used by the Investment Advisor to price the underlying securities on a daily basis. The market value of the collateral supporting repurchase agreements which are "delivery versus payment" shall be determined by the Michigan CLASS portfolio manager using the current bid price of the collateral securities obtained from Bloomberg L.P. The market value of the collateral supporting tri -party repurchase agreements shall be determined by the tri-party custodian. The tri-party custodian forward a collateral report to the Michigan CLASS operations team every business day.

Accounting for Investments. Security transactions are accounted for on the trade date. Realized gains and losses on sales of investments are calculated on an identified cost basis. Interest income, including any amortization of discount or premium, is recorded on an accrual basis.

2082730_4

C-1

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

EXHIBIT D SAMPLE AUTHORIZING RESOLUTION WHEREAS, certain governmental units described in Schedule 1 attached to this Resolution (the “Public Agencies”) desire to enter into or have entered into an interlocal agreement substantially in the form attached hereto as Exhibit B (the “Participation Agreement”) for the purpose of exercising jointly the power each Public Agency has to invest its surplus funds; and WHEREAS, the Public Agency is a Public Agency under the Participation Agreement and is authorized by Michigan law to invest its funds in certain investments (the “Permitted Investments”); and WHEREAS, Act 7 of the Public Acts of the Extra Session of 1967, as amended, (the Urban Cooperation Act of 1967) authorizes the Public Agencies to contract in the form of an interlocal agreement to provide for the manner of investment of surplus funds or proceeds of grants, gifts, or bequests to the parties to the interlocal agreement under the control of a legal or administrative entity created by that interlocal agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS; 1. The Governing Body adopts the Participation Agreement substantially in the form of Exhibit B which is incorporated in the Resolution by reference thereto and agrees to join with other Public Agencies to become a Participant under the terms of the Participation Agreement and to accept additional Public Agencies as new Participants without subsequent action. 2. The Governing Body agrees to and concurs in the appointment of those Trustees either being appointed, to be appointed or currently serving as members of the Board of Trustees created under the Participation Agreement and recognizes those Trustees and their successors as the appointees of the Public Agency. 3. The Governing Body acknowledges and confirms the representation, warranties and covenants provided in the Participation Agreement to the Investment Advisor and Custodian under Participation Agreement, upon which they may respectively rely. 4. The Governing Body hereby authorizes _______________________________ (the “Authorized Officer”), to take the following actions with regard to the participation of the Public Agency in the Participation Agreement: a. Deliver a certified copy of this Resolution to Investment Advisor under the Participation Agreement.

2082730_4

D-1

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

b. Execute and deliver all notices, directions and instructions required or permitted by the Participation Agreement from the Public Agency or Participant. c. Make contributions to the Investment Property as provided in the Participation Agreement and select all or part of the Surplus Funds (as defined in the Participation Agreement) to be contributed to the Investment Property. d. Consent to an amendment to the Participation Agreement on behalf of the Public Agency if such amendment is not materially adverse to the interest of the Public Agency, is necessary to conform to the Participation agreement with law, or is a technical change necessary to facilitate the intent of the Participation Agreement. 5. The Participant understands and agrees that it shall not amend or repeal this Resolution except to the extent necessary to alter the limitations imposed on the Authorized Officer, to change Authorized Officers, or to withdraw from the Participation Agreement. 6. All resolutions and parts of resolution in conflict with this Resolution shall be, and hereby are, amended or repealed to the extent of such conflict. RESOLUTION DECLARED ADOPTED _________________________________ (Clerk or Secretary)

2082730_4

D-2

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

SCHEDULE 1

The following are “Public Agencies” which propose to enter the Participation Agreement as Participants:

2082730_4

D-1

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

EXHIBIT E INVESTMENT CRITERIA 1.

2.

General Objectives (a)

Legality: invest only in investments legally permissible to all Participants individually.

(b)

Safety: minimize risk by managing portfolio investments so as to preserve principal and maintain a stable asset value.

(c)

Liquidity: manage portfolio investments to ensure that cash will be available as required to finance Participants’ operations.

(d)

Yield: maximize current income to the degree consistent with legality, safety and liquidity.

Permitted Investments

The Investment Advisor is hereby authorized by the Board to invest the Investment Property in any investment permissible to all Participants individually under the Investment Authority Acts, provided that such investment is consistent with the general objectives set forth above and with any specific requirements for a particular investment that may be set forth in the definition of Permitted Investments.

2082730_4

E-1

15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

EXHIBIT F - INVESTMENT POLICY Michigan CLASS Investment Policy 1.0 PURPOSE: Michigan CLASS is an interlocal investment program created by an interlocal agreement of various Michigan public agencies of government dated as of October 1, 1991, restated and with amendments through December 31, 2011 (the “Participation Agreement”) for the purpose of jointly investing surplus funds of the participant public agencies of government. Pursuant to the Participation Agreement and as authorized by the Urban Cooperation Act of 1967, 1967(Ex Sess) PA 7, a board of trustees was created to hold title to investments on behalf of each participant. Capitalized terms used in this policy shall have the meeting ascribed to them in the Participation Agreement. 2.0 SCOPE AND OBJECTIVE: It is the obligation of Michigan CLASS to cause funds of its participants to be invested in a manner which complies with the Investment criteria contained in the Participation Agreement. Those investment criteria apply to all assets considered Investment Property under the Participation Agreement and specify the objectives of the program related to safety, liquidity and yield (return on investment). The investments will be diversified by security type and institution in order to minimize risk and exposure. Concentration of investments will depend, among other factors, on market conditions, on availability in terms of desired maturities, collateral and creditworthiness and on market yields. 3.0 DELEGATION OF AUTHORITY The authority of the Board to manage the Investment Property is derived from the Participation Agreement approved by each Participant pursuant to the Urban Cooperation Act of 1967, 1967(Ex Sess) PA 7. Pursuant to the Participation Agreement and the Investment Advisor Agreement, the Board and the Participants have appointed Public Trust Advisors, LLC as Investment Advisor for the term set forth in an Investment Advisor Agreement between Public Trust Advisors, LLC and the Board and have delegated the authority to manage the investment property in accordance with the terms of the Participant Agreement and the Investment Advisor Agreement. 4.0 AUTHORIZED INSTRUMENTS: Consistent with the Investment Criteria contained in the Participation Agreement and attached thereto as Exhibit E, the board and the Investment Advisor are authorized to invest Investment Property in only the following: (a) US Treasury Bonds, Bills, Notes and Treasury Strips, (b) Obligations of an agency or instrumentality of the United States. (c) Commercial paper rated at the time of purchase within the highest two classifications established by not less than two standard rating services (i.e., as of September 18, 2009, A1+ and A-1 by Standard & Poor’s Ratings Service, P-1 by Moody’s Investors Service, or F1+ and F1 by Fitch, Inc.) and that matures not more than 270 days after the date of purchase. (d) Bankers’ acceptances issued by FDIC member United States banks.

1 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

(e) Repurchase agreements consisting of instruments listed in a subdivision (a or b) Repurchase agreements shall be 102% collateralized with Public Securities Association (PSA) Master Repurchase agreement on file and or tri-party custody agreement on file. (f) Certificates of deposit of a financial institution eligible under law to be a depository of Participant public agencies of government so long as such articles of deposit are secured 102% at the value of each by eligible collateral listed on Schedule I for any amount of principal and accrued interest not insured by an agency of the United States. (g) In addition to the investments authorized in subsection (f), certificates of deposit issued in accordance with all of the following conditions: a. The funds are initially invested through a financial institution that is not ineligible to be a depository of surplus funds belonging to the State of Michigan under section 6 of 1855 PA 105, MCL 21.146. b. The financial institution arranges for the investment of the funds in certificates of deposit in 1 or more insured depository institutions, as defined in 12 USC 1813, or 1 or more insured credit unions, as defined in 12 USC 1752, for the account of Michigan CLASS. c. The full amount of the principal and any accrued interest of each certificate of deposit is insured by an agency of the United States. d. The financial institution acts as custodian for Michigan CLASS with respect to each certificate of deposit. e. At the same time that the funds of Michigan CLASS are deposited and the certificate or certificates of deposit are issued, the financial institution receives an amount of deposits from customers of other insured depository institutions or insured credit unions equal to or greater than the amount of the funds initially invested by the Michigan CLASS through the financial institution. (h) In addition to the investments authorized in subsection (f), deposit accounts that meet all of the following conditions: a. The funds are initially deposited in a financial institution that is not ineligible to be a depository of surplus funds belonging to the State of Michigan under section 6 of 1855 PA 105, MCL 21.146. b. The financial institution arranges for the deposit of the funds in deposit accounts in 1 or more insured depository institutions, as defined in 12 USC 1813, or 1 or more insured credit unions, as defined in 12 USC 1752, for the account of Michigan CLASS. c. The full amount of the principal and any accrued interest of each deposit account is insured by an agency of the United States. d. The financial institution acts as custodian for Michigan CLASS with respect to each deposit account. e. On the same date that the funds of Michigan CLASS are deposited, the financial institution receives an amount of deposits from customers of other insured depository institutions or insured credit unions equal to or greater than the amount of the funds initially deposited by Michigan CLASS in the financial institution. (i) Mutual funds registered under the investment company act of 1940, maintaining a $1.00 per share net asset value, and with authority to purchase investment vehicles that are legal for

2 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

direct investment by all participant public agencies whose monies are invested in mutual funds that such participants acknowledge that the funds be placed in a special sub account created pursuant to the Participation Agreement, as amended. (j) Any other investment permissible to all Participants individually under Michigan Law and authorized by the board. 5.0 SAFEKEEPING AND CUSTODY: As provided by the Participation Agreement and the Investment Advisor Agreement, all security transactions, including collateral for repurchase agreements and financial institution deposits, entered into on behalf of Participants may be on a cash or delivery versus payment basis as determined by the Investment Advisor. Pursuant to the Participation Agreement and the Investment Advisor Agreement, the Investment Advisor has appointed a Custodian to receive, hold for reinvestment, and clear all Investment Funds and Investment property, as a fiduciary, in accordance with the Participation Agreement. 6.0 PRUDENCE: The standard of prudence to be used for managing the Investment Property is the "prudent investor" rule applicable to a fiduciary, which states that a prudent investor "shall exercise the judgment and care, under circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of their capital.” 7.0 ACKNOWLEDGEMENT: The Investment Advisor shall provide the broker or financial intermediary a copy of the Michigan CLASS Investment Policy and a form on which the broker or financial intermediary must acknowledge receipt of the Investment Policy and agree to comply with the said policy regarding the purchase and sale of securities. 8.0 REPORTS In accordance with the Investment Advisor Agreement the Investment Advisor shall prepare or cause to be prepared a quarterly report and a written annual report, including the opinion of an independent public accountant to the Board of Trustees of Michigan CLASS within ninety days after the close of the fiscal year. 9.0 EFFECTIVE DATE: This policy shall become effective on the day following adoption by the Board of Trustees of the Participation Agreement (Michigan CLASS). Any amendment to this Investment Policy shall become effective thirty days (30 days) after each Participant has received notice of the amendment. Adopted: December 12, 2008 Last Amended: April 27, 2015

3 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

SCHEDULE 1 ELIGIBLE COLLATERAL 1. 2.

3. 4.

Assets considered acceptable to the Michigan state treasurer under Section 3 of the Surplus Funds in Treasury Act, 1855 PA 105, to secure deposits of state surplus funds. Any of the following: a. Securities issued by the federal home loan mortgage corporation. b. Securities issued by the federal national mortgage association. c. Securities issued by the government national mortgage association. Other securities considered acceptable to the depositor of public funds and the financial institution. Any other collateral permissible by Michigan law and authorized by the Board, except that in no case shall an asset with a rating classification lower than A-1 by Standard & Poor’s Ratings Service, P-1 by Moody’s Investors Service or F1 by Fitch, Inc. be accepted as eligible collateral.

4 15309 Meadowwood Drive | Grand Haven, MI 49417 | (855) 382-0496 | F (855) 381-0496 | [email protected] | www.michiganclass.org

Mission Statement: Michigan CLASS will offer public agencies in Michigan a safe, liquid and competitive investment option. CLASS will welcome all legal, public entities without favor to one type. The Board membership will represent the diversity of such agencies and work to maintain a product that services the needs of all Michigan public agencies.

Vision Statement: Michigan CLASS will be the premier local government investment pool in the state offering investments services that serve the needs of all public entities.

Values: 

Represent and serve the interests of the Participants.



Maintain the standard of safety.



Operate in a professional and ethical manner.



Work in unison with the Administrator to grow and improve the pool.



Ensure that CLASS is safe, liquid and offers a competitive return.



Demand openness and accountability.

Daily Yield 1/24/2017, 0.94% 1.00%

Portfolio Distribution Collateralized Bank Deposits 1%

Repurchase Agreements 5%

0.80% 0.60% 0.40%

Commercial Paper A-1/P-1 45%

Commercial Paper A-1+/P-1 49%

0.20% 0.00% Nov-15

Mar-16

Jul-16

Nov-16

Michigan CLASS Board of Trustees

Participants by Entity* Cities/Villages 27%

Townships 32%

School Districts 17%

Counties 17% Other 7%

Jeffrey Budd, CPA, Chairperson City Manager City of Coldwater

Kurt Dawson, CPFA, Treasurer City of Rochester Hills

Julie Omer Business Manager/CFO Owosso Public Schools

Jeffrey Anderson Finance Director Delta Charter Township

Glenna MacDonald, CPA Director of Finance Howell Public Schools

Edward J. Sell Jr., CPA Finance Director City of Monroe

Susan Daugherty Treasurer Green Oak Charter Township

Bruce Malinczak, CPFA Assistant Treasurer Canton Charter Township

Bradley Slagh Treasurer Ottawa County

Kelly Corbett Director of Finance St. Johns Public Schools

Holly Moon Treasurer Newaygo County

Scott Taylor, CPA Finance & Risk Mgmt. Lansing Board of Water & Light

*As of December 31, 2016. Source: Public Trust Advisors, LLC. Any financial and/or investment decision should be made only after considerable research, consideration and involvement with an experienced professional engaged for the specific purpose. Of course, past performance is not an indication of future performance. Any financial and/or investment decision may incur losses. Daily yield is the dividend factor multiplied by the number of days in the year. Yields can vary over time. Michigan CLASS is administered by Public Trust Advisors, LLC.

POOL PROFILE

September 27, 2016

Michigan Cooperative Liquid Assets Securities System Principal Stability Fund Ratings Definitions A fund rated 'AAAm' demonstrates extremely strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. 'AAAm' is the highest principal stability fund rating assigned by S&P Global Ratings

AAAm

AAm A fund rated 'AAm' demonstrates very strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. It differs from the highest-rated funds only to a small degree.

About the Pool Pool Rating Pool Type

Investment Adviser

AAAm Stable NAV Government Investment Pool Public Trust Advisors, LLC

BBBm A fund rated

'BBBm' demonstrates adequate capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. However, adverse economic conditions or changing circumstances are more likely to lead to a reduced capacity to maintain principal stability.

BBm A fund rated 'BBm' demonstrates speculative characteristics and uncertain capacity to maintain principal stability. It is vulnerable to principal losses due to credit risk. While such funds will likely have some quality and protective characteristics, these may be outweighed by large uncertainties or major exposures to adverse conditions. Dm A fund rated 'Dm' has

failed to maintain principal stability resulting in a realized or unrealized loss of principal.

Plus (+) or Minus (-)

TREAS 0.6% REPO 8.8%

Portfolio Manager

BANK 2.8%

Randy Palomba, CFA & Neil Waud, CFA ABCP 50.0%

Pool Rated Since Custodian

April 2008 Wells Fargo Bank N.A.

Distributor

Public Trust Advisors, LLC

Am A fund rated 'Am'

demonstrates strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk, but is somewhat more susceptible to the adverse effects of changes in circumstances and economic conditions than funds in higher-rated categories

Portfolio Composition as of September 27, 2016

Rationale Michigan Cooperative Liquid Assets Securities System (Michigan CLASS) is rated 'AAAm' by Standard & Poor's. The rating demonstrates that the fund has an extremely strong capacity to maintain principal stability and to limit exposure to principal losses due to credit risk. This is accomplished through conservative investment practices and strict internal controls. Standard & Poor's monitors the portfolio on a weekly basis. Overview Michigan CLASS seeks to provide safety, liquidity, convenience, and competitive rates of return. The program is designed to meet the needs of Michigan public sector investors. It purchases securities that are legally permissible under state statutes and are available for investment by Michigan counties, cities, townships, school districts, authorities, and other public agencies. Michigan CLASS is a fullservice cash management and investment program designed specifically to make the function of managing public funds safe and simple while providing competitive returns. Michigan CLASS has been in operation since 1991.

CP 37.8%

ABCP - Asset-Backed Commercial Paper; CP - Commercial Paper; REPO Repurchase Agreement; BANK - Bank Deposits; TREAS - Treasury

Portfolio Assets The pool invests in U.S. Treasury obligations, federal agency obligations of the U.S. government, high-grade commercial paper (rated 'A-1' or better), collateralized bank deposits, repurchase agreements (collateralized at 102% by Treasuries and agencies), and approved money-market funds. The credit quality of the pool is excellent, with greater than 50% of the portfolio invested in securities rated 'A-1+' and the remainder in 'A-1' rated securities. The portfolio's weighted average maturity to reset (WAM(R)) is kept under 60 days, which further helps to enhance liquidity and limits market price exposure. Portfolio securities are priced to market on a weekly basis.

Management Public Trust Advisors, LLC serves as the pool's administrator and investment adviser. The marketing and operation functions of the portfolio are also performed by Public Trust Advisors, LLC. The pool is subject to the general supervision of the Board of Trustees which is duly elected by the Michigan CLASS Participants. Wells Fargo Bank, N.A. serves as custodian for the pool.

The ratings may be modified S&P Global Ratings Analyst: Peter Rizzo - (1) 212-438-5059 www.standardandpoors.com by the addition of a plus (+) or Participants should consider the investment objectives, risks and charges and expenses of the pool before investing. The investment guidelines minus (-) sign to show which can be obtained from your broker-dealer, contain this and other information about the pool and should be read carefully before relative standing within the rating categories. investing.

Principal Stability Rating Approach and Criteria A S&P Global Ratings principal stability fund rating, also known as a "money market fund rating", is a forward-looking opinion about a fixed income fund's capacity to maintain stable principal (net asset value). When assigning a principal stability rating to a fund, S&P Global Ratings analysis focuses primarily on the creditworthiness of the fund's investments and counterparties, and also its investments' maturity structure and management's ability and policies to maintain the fund's stable net asset value. Principal stability fund ratings are assigned to funds that seek to maintain a stable or an accumulating net asset value. Generally, when faced with an unanticipated level of redemption requests during periods of high market stress, the manager of any fund may suspend redemptions for up to five business days or meet redemption requests with payments in-kind in lieu of cash. A temporary suspension of redemptions or meeting redemption requests with distributions in-kind does not constitute a failure to maintain stable net asset values. However, higher rated funds are expected to have stronger capacities to pay investor redemptions in cash during times of high market stress because they generally comprise shorter maturity and higher quality investments.

Michigan Cooperative Liquid Assets Securities System

AAAm

Data Bank as of September 27, 2016 Net Asset Value per Share..............

Net Assets (millions)...................

$854.52

Inception Date.......................

October 1991

WAM (R) * ....................................... 54 days

$1.00029

WAM (F) **..................................

64 days

7 Day Yield.............................

0.64%

* Weighted Average Maturity (Reset)

** Weighted Average Maturity (Final)

Net Assets, WAM (R) and WAM (F) Portfolio Maturity Distribution as of September 27, 2016 1000

120

833

100

667

80

80

500

60

60

333

40

167

20

100

40 20

0

0

0

Days Net Assets

WAM (R) *

WAM (F) **

Portfolio Credit Quality as of September 27, 2016 *

Portfolio 7 Day Net-Yield 1.0% 0.8% 0.6% 0.4%

A-1 46.8%

0.2% A-1+ 53.2%

0.0%

Principal stability fund ratings, or money market fund ratings, are identified by the 'm' *As assessed by S&P Global Ratings suffix (e.g., 'AAAm') to distinguish the principal stability rating from a S&P Global Ratings traditional The yield quoted represents past performance. Past performance does not issue or issuer credit rating. A guarantee future results. Current yield may be lower or higher than the yield traditional issue or issuer quoted. credit rating reflects S&P Global Ratings view of a borrower's ability to meet its financial obligations. Principal Pool portfolios are monitored weekly for developments that could cause changes in the ratings. Rating decisions are based on periodic stability fund ratings are not commentaries on yield levels. meetings with senior pool executives and public information. S&P Global Ratings is neither associated nor affiliated with the fund. Copyright © 2016 by Standard & Poor’s Financial Services LLC. All rights reserved. No content (including ratings, credit-related analyses and data, valuations, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor’s Financial Services LLC or its affiliates (collectively, S&P). The Content shall not be used for any unlawful or unauthorized purposes. S&P and any third-party providers, as well as their directors, officers, shareholders, employees or agents (collectively S&P Parties) do not guarantee the accuracy, completeness, timeliness or availability of the Content. S&P Parties are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user. The Content is provided on an “as is” basis. S&P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE CONTENT’S FUNCTIONING WILL BE UNINTERRUPTED OR THAT THE CONTENT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION. In no event shall S&P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the Content even if advised of the possibility of such damages. Credit-related and other analyses, including ratings, and statements in the Content are statements of opinion as of the date they are expressed and not statements of fact. S&P’s opinions, analyses and rating acknowledgment decisions (described below) are not recommendations to purchase, hold, or sell any securities or to make any investment decisions, and do not address the suitability of any security. S&P assumes no obligation to update the Content following publication in any form or format. The Content should not be relied on and is not a substitute for the skill, judgment and experience of the user, its management, employees, advisors and/or clients when making investment and other business decisions. S&P does not act as a fiduciary or an investment advisor except where registered as such. While S&P has obtained information from sources it believes to be reliable, S&P does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. To the extent that regulatory authorities allow a rating agency to acknowledge in one jurisdiction a rating issued in another jurisdiction for certain regulatory purposes, S&P reserves the right to assign, withdraw or suspend such acknowledgement at any time and in its sole discretion. S&P Parties disclaim any duty whatsoever arising out of the assignment, withdrawal or suspension of an acknowledgment as well as any liability for any damage alleged to have been suffered on account thereof. S&P keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S&P may have information that is not available to other S&P business units. S&P has established policies and procedures to maintain the confidentiality of certain non-public information received in connection with each analytical process. S&P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors. S&P reserves the right to disseminate its opinions and analyses. S&P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalcreditportal.com (subscription), and may be distributed through other means, including via S&P publications and third-party redistributors. Additional information about our ratings fees is available at www.standardandpoors.com/usratingsfees. S&P GLOBAL RATINGS, S&P, GLOBAL CREDIT PORTAL and RATINGSDIRECT are registered trademarks of Standard & Poor’s Financial Services LLC.

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AG E N D A I T E M NO . 9B . CO M M U N I T Y DE V E L O P M E N T

To:

Mayor and City Council

From:

Thomas A. Tanghe, City Manager; Steven J. Cohen, Director of Community Development; and Shawn Keenan, Assistant City Planner

Submitted:

February 22, 2017

Subject:

Motion – Approval of Site Plan and Tree Removal Permit / Pacific Drive Development

INTRODUCTION This is a request from Cunningham Limp Company to construct a 50,000 sq. ft. industrial building at the northeast corner of Pacific Drive and Taylor Road. The 3.7 acre parcel is within the Metro North Technology Park and zoned I-1, Light Industrial. Approximately 20,000 sq. ft. of the building will be used as office space, 25,000 sq. ft. is designated as manufacturing space and the remaining 5,000 sq. ft. of the building will be utilized as warehouse. The applicant will be the developer of the project. Once completed they intend to lease the building to an industrial business compatible with the uses specified in the City’s Zoning Ordinance Light Industrial district. The cost to construct the proposed building is estimated at $3.25 million. Cunningham Limp Company’s goal is to begin construction in 2017. Once construction begins the project is expected to take six months to complete. The applicant has advised staff that construction will not begin until a tenant is secured. Aerial View of the Site

Rendering of the proposed building looking north from Taylor Road

I

Page 2

I Illustrated Site Plan

STAFF RECOMMENDATION Please be advised that this project has been reviewed by the City’s Administrative Site Plan Review Team and has received a recommendation for approval. We recommend Conditional Approval of the Site Plan and Tree Removal Permit and offer the following discretionary findings of fact: 1. The Site Plan contains sufficient basic information required by the Zoning Ordinance for a recommendation. 2. The requirements of Section 1815, Items 7A-7E of the Zoning Ordinance can be met as follows: A. All requirements and standards of the Zoning Ordinance, and other city Ordinances, can be met. B. Safe, convenient vehicular and pedestrian ingress/egress has been depicted; primary access will be to Pacific Drive. C. Traffic circulation features within the site and the location of parking areas avoid common traffic problems and can promote safety. D. A satisfactory and harmonious relationship will exist between the proposed development and surrounding area. E. The proposed use will not have an unreasonable, detrimental or injurious effect upon the natural characteristics of the subject parcel, or the adjacent area. 3. Based upon the project’s total square footage 118 parking spaces are required and 118 parking spaces are depicted. 4. The parking layout meets minimum requirements and parking spaces are provided for the handicapped (Six spaces are required and six spaces are provided). One space is van accessible. 5. Building and parking setback requirements will be met. 6. Greenbelts will be provided. 7. Landscape requirements will be met and calculations have been submitted. 8. A note indicates that exterior lighting shall meet the requirements of the Zoning Ordinance. Pole and wall-mounted lighting shall be shielded and directed downward. Lamp bulbs and lenses shall not extend below the light fixture shields. Light poles are designed to be 25 feet in height from finished grade. 9. A note indicates that signs shall meet the requirements of the Zoning Ordinance. 10. A note indicates that parking spaces shall be double striped.

Page 3

11. 12. 13. 14. 15.

Ground-mounted and roof-mounted mechanical equipment will be screened. A note indicates that there will be no outside storage allowed, which includes pallet storage, overnight vehicles, or trailer storage. An eight foot wide pathway currently exists along Taylor Road. A sidewalk connection between the building and the pathway was examined, however the existing grades make a connection impractical. A Tree Removal Permit is required – 35 replacement trees are required and 35 replacement trees are proposed. The developer has agreed to prep the parking lot for two electric vehicle charging stations. They will install electrical stubs at planned station locations and will run conduit from the power source to the stubs at time of construction to support the future installation of the charging stations, when needed.

PLANNING COMMISSION RECOMMENDATION Recommended Approval on February 15, 2017 (6-0 vote). MOTION “Move to accept the Planning Commission’s recommendation and approve the Site Plan and Tree Removal Permit for Pacific Drive Development, subject to the administrative review team’s conditions.”

I CONCUR: THOMAS A. TANGHE, CITY MANAGER

Excerpt CITY OF AUBURN HILLS PLANNING COMMISSION MINUTES

February 15, 2017

Location: City Council Chamber, 1827 N. Squirrel Road, Auburn Hills, MI 48326 1. CALL TO ORDER: Planning Commission Chairperson Ouellette called the meeting to order 2. ROLL CALL: Present: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer Absent: Hitchcock, Mendieta, Pederson Also Present: Director of Community of Development Cohen, Assistant City Planner Keenan, Senior Services Director Adcock Guests: 3 5b.

Pacific Drive Development (7:07 p.m.) Public Hearing / Motion - Recommendation to City Council for Site Plan approval and Tree Removal Permit approval to construct an industrial building

Mr. Keenan introduced that this is a request from Cunningham Limp Company to construct a 50,000 sq. ft. industrial building at the northeast corner of Pacific Drive and Taylor Road. The 3.7 acre parcel is within the Metro North Technology Park and zoned I-1, Light Industrial. Approximately 20,000 sq. ft. of the building will be used as office space, 25,000 sq. ft. is designated as manufacturing space and the remaining 5,000 sq. ft. of the building will be utilized as warehouse. Mr. Keenan noted the cost to construct the proposed building is estimated at $3.25 million. Cunningham Limp Company’s goal is to begin construction in 2017. Once construction begins the project is expected to take six months to complete and at that time they will begin the leasing process for proper industrial use district. Mr. James Butler of PEA 2430 Rochester Court, Suite 100, Troy, MI 48083 and Mr. Bob Peplinski of Cunningham Limp Company 28970 Cabot Drive, Suite 100, Novi, MI 48377 were present to take questions. Mr. Butler stated that this site plan review process is to help move development forward with the property. Mr. Butler clarified that the project will not begin development until a lease is signed. The goal is to get the project approved through the City’s approval process and then be able to market the project to interested parties. Cunningham-Limp wishes to be ready to build when a company shows interest in the site. Mr. Pierce questioned who owned the property. Mr. Butler stated that the property is owned by the same owner as the Louca Mold property to the north. Cunningham-Limp has an agreement to purchase the property. Mr. Ouellette asked if the 5,000 sq. ft. sufficient for the warehouse or could that be expanded. Mr. Butler commented that the current footprint is an unknown and would be determined by the future user. The design that is currently drawn up could be modified. The intention is not to be a warehouse but a 50/50 split of office and manufacturing. Mr. Ouellette confirmed that the property owner was aware that the need to store materials outside would require a special land use permit. Mr. Butler agreed. Due to the small size of the site, the need for an outside storage permit would be unlikely.

Auburn Hills Planning Commission February 15, 2016 Page 2 of 2 Mr. Beidoun questioned the reason for the placement of the driveway on Pacific Drive and not Taylor Road. Mr. Butler explained that buffering from the residents was one consideration, but topography was the primary driver. After looking at the property, the design was meant to push the driveway all the way to the north on Pacific Drive to help minimize a retaining wall on the north side of the site due to the fall in grade on the property. Ms. Ochs questioned what the residents from Taylor Road would be viewing. Mr. Butler stated that with the grade elevation, the view should not be a problem for adjacent residents. The building will sit ten feet higher than Taylor Road and the green belt, parking lot, and building being setback of 132 feet from the right-of-way will help lessen any visual impact of the building. The light poles have been placed toward the center of the parking lot in an effort to ensure that the light stays on the property. Mr. Ouellette opened the public hearing at 7:13 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:14 p.m. Motion made by Mr. Pierce to recommend to City Council approval of the Site Plan and Tree Removal Permit for Pacific Drive Development, subject to the conditions of the administrative review team. Supported by Beidoun VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION



4 3 2 1 No.

KMK RW RW RW BY

KMK KMK KMK KMK CHK



CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

COVER SHEET PACIFIC DRIVE DEVELOPMENT

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: N/A

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

COVER

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

KMK KMK KMK KMK CHK KMK RW RW RW BY 4 3 2 1 No.

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

TOPOGRAPHIC SURVEY PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

C-1.1

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

KMK KMK KMK KMK CHK KMK RW RW RW BY 4 3 2 1 No.

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

DIMENSIONAL SITE PLAN PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

C-2.1

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

KMK KMK KMK KMK CHK KMK RW RW RW BY 4 3 2 1 No.

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

ENGINEERING SITE PLAN PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

C-2.2

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

KMK KMK KMK KMK CHK KMK RW RW RW BY 4 3 2 1 No.

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

PRELIMINARY GRADING PLAN PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

C-3.1

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

KMK KMK KMK KMK CHK KMK RW RW RW BY 4 3 2 1 No.

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

PRELIMINARY UTILITY PLAN PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

C-4.1

2/3/17 1/25/17 1/18/17 1/6/17 DATE

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

KMK KMK KMK KMK CHK KMK RW RW RW BY 4 3 2 1 No.

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

NOTES & DETAILS PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: N/A

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

C-5.1

2/3/17 1/25/17 1/18/17 1/6/17 DATE

KEY:

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

= GENERAL SITE TREES

REVISIONS

= FRONTAGE TREES

= PARKING LOT TREES

= IRRIGATED SEED LAWN

KMK KMK KMK KMK CHK

LAWN AND PLANT BEDS TO BE IRRIGATED WITH AN IN GROUND SYSTEM

KMK RW RW RW BY

SEE SHT. T- 1.0 FOR TREE PROTECTION DETAIL AND NOTES

4 3 2 1 No.

SEED LAWN NOTE: LAWN SEED SHOULD BE A VARIETY NORMALLY FOUND GROWING IN OAKLAND COUNTY

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PER CITY OF AUBURN HILLS:

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

LANDSCAPE PLAN PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

L-1.0

2/3/17 1/25/17 1/18/17 1/6/17 DATE 4 3 2 1 No.

KMK RW RW RW BY

KMK KMK KMK KMK CHK

REVISIONS

REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER CITY COMMENTS REVISIONS PER MEETING WITH CITY 1/3/17 DESCRIPTION

PER CITY OF AUBURN HILLS:

KEY: = EXISTING TREE TO BE REMOVED SEE SHEET L-1.0 FOR TREE REPLACEMENT CALCULATIONS

EXISTING TREE LIST:

CAUTION!!

THE LOCATIONS AND ELEVATIONS OF EXISTING UNDERGROUND UTILITIES AS SHOWN ON THIS DRAWING ARE ONLY APPROXIMATE. NO GUARANTEE IS EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS OR ACCURACY THEREOF. THE CONTRACTOR SHALL BE EXCLUSIVELY RESPONSIBLE FOR DETERMINING THE EXACT UTILITY LOCATIONS AND ELEVATIONS PRIOR TO THE START OF CONSTRUCTION. THIS DRAWING AND DESIGN ARE THE PROPERTY OF PEA, INC. THEY ARE SUBMITTED ON THE CONDITION THAT THEY ARE NOT TO BE USED, REPRODUCED, OR COPIED, IN WHOLE OR IN PART, OR USED FOR FURNISHING INFORMATION TO OTHERS, WITHOUT THE PRIOR WRITTEN CONSENT OF PEA, INC. ALL COMMON LAW RIGHTS OF COPYRIGHT AND OTHERWISE ARE HEREBY SPECIFICALLY RESERVED. © 2015 PEA, INC. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

Know what's below

Call before you dig

1-800-482-7171 www.missdig.net (TOLL FREE)

PEA, Inc.

P.M. KTR SUR. JLE DN. JLE DES.

PART OF THE SW 1/4 OF SECTION 3, T. 3 N., R. 10 E., CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

28970 CABOT DRIVE, SUITE 100 NOVI, MI 48377

TREE PRESERVATION PLAN PACIFIC DRIVE DEVELOPMENT

CUNNINGHAM LIMP COMPANY

JPB

2430 Rochester Ct, Ste 100 Troy, MI 48083-1872 t: 248.689.9090 f: 248.689.1044 www.peainc.com

ORIGINAL ISSUE DATE: DECEMBER 16,2016 PEA JOB NO. 2016-342 SCALE: 1" = 30'

NOT FOR CONSTRUCTION SIDWELL # 14-03-351-009

DRAWING NUMBER:

T-1.0

26261 Evergreen Road Suite 123 Southfield, Michigan 48076 248.619.2354 faudiearchitecture.com

c Copyright 2016, Faudie Architecture, Inc.

APPLICABLE CODES: 2012 MICHIGAN BUILDING CODE 2012 MICHIGAN PLUMBING CODE 2012 MICHIGAN MECHANICAL CODE 2014 MICHIGAN ELECTRICAL CODE

• • • •

OCCUPANCY CLASSIFICATION: USE GROUP 'B' (BUSINESS) / 'F-1' (FACTORY) / 'S-1' (STORAGE) NON SEPARATED MIXED USES - THE MOST RESTRICTIVE 'F-1' SHALL BE APPLIED TO ENTIRE BUILDING

•

CONSTRUCTION CLASSIFICATION: • TYPE IIB FIRE SUPPRESSION: • BUILDING WILL BE COMPLETELY PROTECTED BY AN APPROVED AUTOMATIC FIRE SUPPRESSION SYSTEM BUILDING AREA: • OFFICE FIRST FLOOR • OFFICE SECOND FLOOR • HIGH BAY (MANUFACTURING) • HIGH BAY (WAREHOUSE) TOTAL

= 10,000 S.F. GROSS = 10,000 S.F. GROSS = 25,000 S.F. GROSS = 5,000 S.F. GROSS = 50,000 S.F. GROSS

ALLOWABLE BUILDING AREA: USE MORE RESTRICTIVE 'F-1' USE FOR ENTIRE BUILDING AREA ALLOWED = TABULAR AREA + SPRINKLER INCREASE + FRONTAGE INCREASE = TABULAR AREA AT + (AT x IF) + (AT x IS)

•

- TABULAR AREA (AT) ALLOWED (MBC TABLE 503, 'F-1' USE, 'II B' CONSTRUCTION = 15,500 S.F. - FRONTAGE INCREASE (IF) ALLOWED (MBC 506.2) 100 OPEN PERIMETER - 0.25 W TOTAL PERIMETER 30 = 100 [0.75] (1) = 75% INCREASE ALLOWED

PROPOSED PACIFIC DRIVE DEVELOPMENT

100 1,100'-0" L.F. -0.25 30 1,100'-0" L.F. 30

-SPRINKLER INCREASE (IS) ALLOWED (MBC 506.3) : 200% TOTAL AREA ALLOWED = 15,500 S.F. + (15,500 x 0.75) + (15,500 x 2.00) TOTAL AREA ALLOWED

WAREHOUSE 5,000 S.F.

= 15,500 S.F. + 11,625 + 31,000 S.F. = 58,125 S.F. PER FLOOR = 58,125 S.F. > 40,000 S.F. FIRST FLOOR PROPOSED -OK

ALLOWABLE BUILDING HEIGHT: ALLOWABLE BUILDING HEIGHT = 55'-0" PROPOSED BUILDING HEIGHT = 33'-8"

• •

OCCUPANCY: - PER MBC (MBC TABLE 1004.1.2) FIRST FLOOR OCCUPANCY: - 10,000 S.F. GROSS MINUS 300 S.F. PERIMETER WALL THICKNESS = 9,700 S.F - GENERAL OFFICE AREA: 9,700 S.F. / 100 S.F. PER OCC. = 97 OCC.

HIGHBAY AREA

SECOND FLOOR OCCUPANCY: - 10,000 S.F. GROSS MINUS 300 S.F. PERIMETER WALL THICKNESS = 9,700 S.F. - GENERAL OFFICE AREA: 9,700 S.F. / 100 S.F. PER OCC. = 97 OCC.

= 449 OCC.

FROM CITY OF AUBURN HILLS SITE PLAN CHECKLIST

MINIMUM NUMBER OF EXITS: • 449 OCCUPANTS = 2 EXITS REQUIRED (MBC TABLE 1021.1) 5 EXITS PROVIDED

MANUFACTURING 25,000 S.F.

OFFICE AREA

OFFICE AREA

ISSUED FOR:

SITE PLAN APPROVAL

10,000 S.F.

1-9-17

10,000 S.F.

DATE:

- TOTAL BUILDING OCCUPANCY:

"ANY MODIFICATIONS TO THE FACADE PLAN (INCLUDING COLOR) MUST BE RESUBMITTED TO THE CITY OF AUBURN HILLS FOR REVISED APPROVAL. THE USE OF NEON, FLAGS, OR ANY OTHER TYPE OF UNAPPROVED SIGNAGE SHALL BE PROHIBITED PER SITE PLAN REVIEW"

AUBURN HILLS, MI

HIGH BAY AREA OCCUPANCY: - 30,000 S.F. GROSS MINUS 470 S.F. PERIMETER WALL THICKNESS = 29,530 S.F. - INDUSTRIAL USE: 24,530 S.F. / 100 S.F. PER OCC. = 245 OCC. - WAREHOUSE USE: 5,000 S.F. / 500 S.F. PER OCC. = 10 OCC.

30,000 S.F. TOTAL

DRAWING DATE: 1-9-17

PROPOSED SECOND FLOOR OFFICE PLAN SCALE: 1/16" = 1'-0"

NORTH

2

PROPOSED OVERALL FIRST FLOOR PLAN SCALE: 1/16" = 1'-0"

NORTH

PROJECT NUMBER:

1

16085 SHEET NUMBER:

PFP-1

26261 Evergreen Road Suite 123 Southfield, Michigan 48076 248.619.2354 faudiearchitecture.com

c Copyright 2016, Faudie Architecture, Inc.

EXTERIOR MATERIAL SCHEDULE 1 2

8

6

1

1

2

8" SPLIT FACE CMU - ACCENT COLOR COLOR: TBD

4

FLUSH METAL SIDING COLOR: TBD

5

INSULATED FLUSH METAL SIDING COLOR: TBD

6

ARCHITECTURAL FLUSH METAL PANEL COLOR: TBD

7

1" GRAY TINTED LOW 'E' INSUL. VISION GLAZING IN CLEAR ANOD. ALUM. THERMAL BREAK FRAMES

8

1" TINTED INSULATED SPANDREL GLAZING IN CLEAR ANOD. ALUM. THERMAL BREAK FRAMES

9

3'x8' CLEAR ANOD. ALUM. ENTRY DOOR W/ GRAY TINTED TEMPERED GLASS

10

SECOND FLOOR F.F. @ 14'-8" A.F.F.

11 2

12

FIRST FLOOR F.F. @ 0'-0" A.F.F. 14

7

3

TYP.

6

7

10

4

2

3

7

8" SPLIT FACE CMU - FIELD COLOR COLOR: TBD

3

6'x8' CLEAR ANOD. ALUM. ENTRY DOOR W/ GRAY TINTED TEMPERED GLASS 3'x7' HALLOW METAL DOOR & FRAME 12'x14' SECTIONAL INSULATED OVERHEAD GRADE DOOR w/ MOTOR OPERATED OPENER & INSULATED CLEAR ACRYLIC WINDOWS

13

6" DIA. CONC. FILLED STEEL GUARD POSTS

14

CONC. TRENCH FOOTING BELOW

15

DASHED LINE DENOTES EXTENT OF PROPOSED BUILDING SIGNAGE. SEE NOTES FOR MORE INFORMATION.

TYP.

PROPOSED OVERALL SOUTH ELEVATION

4

SCALE: 1/16" = 1'-0"

6

TYP.

1

PROPOSED PACIFIC DRIVE DEVELOPMENT

15

1 T.O. STEEL @ 29'-4" A.F.F.

PREFINISHED METAL COPING

AUBURN HILLS ZONING ORDINANCE

3

SECTION 1811. SIGNS: SECTION 3D, ITEM e-2

T.O. STEEL @ 29'-4" A.F.F.

SIGNAGE CALCULATIONS: 5

161,218 S.F. TOTAL LOT AREA ALLOWABLE SIGNAGE AREA: TOTAL SIGNAGE TO NOT EXCEED EIGHT (8) S.F. FOR EACH TEN (10) FEET OR FRACTION THEREOF OF LOT FRONTAGE, OR 80 S.F. PER NET ACRE FOR SITE LARGER THAN ONE (1) ACRE.

SECOND FLOOR F.F. @ 14'-8" A.F.F.

BASED ON FRONTAGE:

FIRST FLOOR F.F. @ 0'-0" A.F.F.

746.4 L.F. x 8 S.F. = 597.12 S.F. ALLOWABLE 10

14

2

3

2

PROPOSED OVERALL NORTH ELEVATION

3

SCALE: 1/16" = 1'-0"

BASED ON ACREAGE: 1 ACRE = 43,560 S.F. 161,218 S.F. / 43,560 S.F. = 3.7 ACRES TOTAL LOT AREA 3.7 ACRES x 80 S.F. PER ACRE = 296 S.F. ALLOWABLE 597.12 S.F. > 296 S.F. THEREFORE; 597.12 S.F. TOTAL ALLOWABLE SIGNAGE AREA

PROPOSED SIGNAGE AREA:

NO ONE SIGN CAN EXCEED 150 S.F. IN SIZE

1

6

6

37 S.F. EACH 37 S.F. < 150 S.F.

15

1

(2) TOTAL SIGNS PROPOSED = 37 S.F. x 2 = 74 S.F.

T.O. STEEL @ 29'-4" A.F.F.

74 S.F. PROPOSED < 597.12 S.F. ALLOWABLE

5 SECOND FLOOR F.F. @ 14'-8" A.F.F.

AUBURN HILLS, MI

6

FIRST FLOOR F.F. @ 0'-0" A.F.F. 3

2

2

9

7

TYP.

3

4

2

SCALE: 1/16" = 1'-0"

6

6

1

1 SITE PLAN APPROVAL

1 T.O. STEEL @ 29'-4" A.F.F.

ISSUED FOR:

12

1-9-17

13

11

DATE:

14

PROPOSED OVERALL WEST ELEVATION

5

SECOND FLOOR F.F. @ 14'-8" A.F.F. 4 FIRST FLOOR F.F. @ 0'-0" A.F.F. 14

3

7

9

PROPOSED OVERALL EAST ELEVATION SCALE: 1/16" = 1'-0"

2

2

3

11

1

"ANY MODIFICATIONS TO THE FACADE PLAN (INCLUDING COLOR) MUST BE RESUBMITTED TO THE CITY OF AUBURN HILLS FOR REVISED APPROVAL. THE USE OF NEON, FLAGS, OR ANY OTHER TYPE OF UNAPPROVED SIGNAGE SHALL BE PROHIBITED PER SITE PLAN REVIEW" FROM CITY OF AUBURN HILLS SITE PLAN CHECKLIST

DRAWING DATE: 1-9-17 PROJECT NUMBER:

16085 SHEET NUMBER:

PE-1



3URSRVHG3DFL¿F'ULYH'HYHORSPHQW



3URSRVHG3DFL¿F'ULYH'HYHORSPHQW



3URSRVHG3DFL¿F'ULYH'HYHORSPHQW

CHECK LIST PROJECT NAME

Pacific Drive Development (Check all that apply)



SITE PLAN SPECIAL LAND USE



TREE REMOVAL PERMIT REZONING PUD

The following items have not been included in your packet of information since they are either common non-controversial items or the recommendations have been noted in the project’s cover letter.

Public Notice Police Department Approval Letter Fire Department Approval Letter Woodland Consultant Approval Letter Citizen’s Participation Letter and Report (No responses from public) However, if you wish to see a copy of the above documents, they are on file in the Community Development Department.

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AG E N D A I T E M NO . 9C . CO M M U N I T Y DE V E L O P M E N T

To:

Mayor and City Council

From:

Thomas A. Tanghe, City Manager and Steven J. Cohen, Director of Community Development

Submitted:

February 21, 2017

Subject:

Motion – Approval of Text Amendment to the Zoning Ordinance / Article IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts

INTRODUCTION The attached revisions to the Zoning Ordinance have been drafted to implement the policy recommendations of the recently amended Northeast Corner Neighborhood Master Plan. Many of the standards proposed were utilized during the review and approval of Moceri’s Villa Montclair PUD, which is currently under construction on N. Squirrel Road. MAJOR CHANGES Below are the primary amendments to the R-1A, Open Space Development Option: 1. Increase housing density. Increased allowable density from 2.5 to 3.0 units per gross acre to encourage developers to save open space, woodlands, and other natural features. 2. Reduce required open space. Reduced minimum required open space from 30% to 25% of the site to correspond with the increase in allowable unit density. 3. Eliminate private park provision. No longer require a one acre park designated for active recreational purposes for parcels 10 acres or greater due to the cost burden it places on HOAs. 4. Utilize gross density. Allow wetlands to be included in density calculations in an effort to improve the economic viability of projects and encourage new housing development. 5. Allow duplex units. Allow attached duplex units similar to those constructed in the Arbor Cove and Auburn Grove condominium projects. In addition, a new Section has been added to clearly permit attached units in all one-family residential districts (only via the PUD process) provided the proposed development does not exceed the planned dwelling units per acre depicted on the Master Land Use Plan. RECOMMENDED ACTION Staff recommends approval. The amendment has been reviewed and found acceptable from a legal standpoint by City Attorney Derk Beckerleg. PLANNING COMMISSION RECOMMENDATION Recommended Approval on February 15, 2017 (6-0 vote). MOTION “Move to accept the Planning Commission’s recommendation and approve the enclosed Text Amendment to Article IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts of the Zoning Ordinance. The amended ordinance shall be referenced as Ordinance 17-885.”

I CONCUR: THOMAS A. TANGHE, CITY MANAGER

Excerpt CITY OF AUBURN HILLS PLANNING COMMISSION MINUTES

February 15, 2017

Location: City Council Chamber, 1827 N. Squirrel Road, Auburn Hills, MI 48326 1. CALL TO ORDER: Planning Commission Chairperson Ouellette called the meeting to order 2. ROLL CALL: Present: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer Absent: Hitchcock, Mendieta, Pederson Also Present: Director of Community of Development Cohen, Assistant City Planner Keenan, Senior Services Director Adcock Guests: 3 5c.

R-1A Open Space Option and Attached Units in the One-Family Residential Districts (7:16 p.m.) Public Hearing / Motion – Recommendation to City Council for approval of a text amendment to amend Article IV. R-1A, R-1B, R-1C, R-1, R-2. R-3, and R-4 One Family Residential Districts of the Zoning Ordinance.

Mr. Cohen stated that this text amendment to the Zoning Ordinance was drafted to implement the policy recommendations of the Northeast Corner Neighborhood Master Plan. The changes were made to the R-1A Open Space Development Option to make saving trees and wetlands was more economically feasible for developers. The changes are based to the Villa Montclair PUD example. Primary amendments were the following: 1. Increased housing density. Increased allowable density from 2.5 to 3.0 units per gross acre to encourage developers to save open space, woodlands, and other natural features. 2. Reduce required open space. Reduced minimum required open space from 30% to 25% of the site to correspond with the increase in allowable unit density. 3. Eliminated private park provision. No longer require a one acre park designated for active recreational purposes for parcels 10 acres or greater due to the cost burden it places on HOAs. 4. Utilize gross density. Allow wetlands to be included in density calculations in an effort to improve the economic viability of projects and encourage new housing development. 5. Allow duplex units. Allow attached duplex units similar to those constructed in the Arbor Cove and Auburn Grove condominium projects. Mr. Cohen also explained that a new Section has been added to clearly permit attached units in all onefamily residential districts only via the PUD process provided the proposed development does not exceed the planned dwelling units per acre depicted on the Master Land Use Plan. Mr. Ouellette asked where the 3.0 units per acre / Open Space Development Option could be developed. Mr. Cohen responded that the R-1A Open Space Development Option can only be implemented in the areas shown on the Northeast Corner Neighborhood Master Plan. Mr. Beidoun asked if the Open Space Development Option could be allowed in other areas. Mr. Cohen explained that the planning processes for the other R-1A neighborhoods, like Vinewood and Auburn Manor, resulted in residents not wanting to permit open space developments. If that were to change in

Auburn Hills Planning Commission February 15, 2016 Page 2 of 2 the future, the ordinance text could be amended to include those and other areas after a master planning process. Ms. Shearer questioned if a duplex building is one or two units. Mr. Cohen responded that a duplex is considered a two-dwelling unit development. It is a good choice for developers as it allows for better clustering of homes in a condominium and fits the growing trend to have snow and yard maintenance free dwellings for residents. Ms. Shearer asked if the duplex units were intended to be for people over 50 years old. Mr. Cohen stated that these homes don’t necessarily need to be for empty nesters, but mostly likely will be marketed toward them. Mr. Ouellette opened the public hearing at 7:30 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:30 p.m. Motion made by Mr. Beidoun to recommend to City Council approval of the enclosed Text Amendment to Article IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts of the Zoning Ordinance. Supported by Mr. Pierce VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0

CITY OF AUBURN HILLS COUNTY OF OAKLAND STATE OF MICHIGAN ORDINANCE NO. 17-885 TEXT AMENDMENT TO ZONING ORDINANCE AN ORDINANCE TO AMEND ARTICLE IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, AND R-4 ONE FAMILY RESIDENTIAL DISTRICTS OF THE AUBURN HILLS ZONING ORDINANCE NO. 372 THE CITY OF AUBURN HILLS ORDAINS Section 1. Section 405 of Article IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts, of Auburn Hills Zoning Ordinance No. 372, as amended, shall be renamed “Dwelling Unit Density In The R-1A District” and shall read as follows: SECTION 405. DWELLING UNIT DENSITY IN THE R-1A DISTRICT Dwelling unit density for developments within the R-1A District may not exceed two (2.0) onefamily dwelling units per gross acre, with the exception that density may be increased from two (2.0) to three (3.0) one-family dwelling units per gross acre under the “R-1A, Open Space Development Option.” A. R-1A, Open Space Development Option 1. An applicant seeking approval under said option shall follow the requirements and procedures of Section 1830. Planned Unit Development Option of the Auburn Hills Zoning Ordinance. 2. A minimum twenty-five (25%) percent of the gross acreage shall be dedicated or set aside in perpetuity as “open space area.” 3. “Gross acreage” as used in this Section means the total parcel acreage minus the public road rights-of-way and/or public road easements. 4. “Open space area” as used in this Section means an area of land that remains primarily undeveloped and in its natural state or designated as private park common area. For the purposes of this Section, retention basins, green space within designated lots/units, and green space within required building setbacks for condominium units shall not be considered open space area. 5. “Condominium development envelope area” as used in this Section means the area formed by the required yard setbacks around the building structure. “Condominium unit area” as used in this Section means that area shown as a condominium unit on the condominium site plan and/or in the condominium Master Deed. 6. The R-1A, Open Space Development Option is only permitted in those areas designated as three (3.0) one-family dwelling units per gross acre on the City’s Northeast Corner Neighborhood Master Plan. B. The following types of residential developments may be permitted via this option, subject to the provision of open space areas: 1. Detached Dwelling Units. Developments with conventional subdivision lots or condominium units for detached one-family dwelling units may reduce the size of 1

2.

said lot or unit smaller than those normally permitted within the R-1A zoning district, subject to the following: a. In no case shall said lot area, condominium unit area, or condominium development envelope area be less than six thousand (6,000) square feet in size or have less than fifty (50) feet of frontage width. b. All roads within the development shall be private roads. Road width shall be at least thirty (30) feet back-of-curb to back-of-curb to allow on-street parking on one side of the road. Private roads shall be located within a sixty (60) foot private road easement. c. Buildings shall meet the setback requirements for the R-1 district in Section 1700, Schedule of Regulations. Front yard setbacks shall be measured from the nearest private road easement boundary line or public road right-of-way line (if applicable). d. Dwelling units shall be setback a minimum of one hundred (100) feet from an exterior boundary road of the development and arranged on site so that none face directly onto said road. No dwelling unit shall have direct access to an exterior boundary road of the development. e. The lot area, condominium unit area, or condominium development envelope area may not include bodies of water, wetland buffer areas, and or regulated wetlands or watercourses. f. Concrete pedestrian sidewalks of five (5) feet in width shall be provided along both sides of all roads within the development. g. Any additional restrictions or conditions the Planning Commission and City Council may believe are necessary to meet the intent of the R-1A, Open Space Development Option. Duplex Attached Dwelling Units. Two-unit attached one-family dwelling unit developments subject to the following: a. In no case shall said lot area, condominium unit area, or condominium development envelope area be less than six thousand (6,000) square feet of gross area for each unit (or twelve thousand (12,000) square feet total per duplex), or have less than forty (40) feet for each unit (or eighty (80) feet total per duplex) of frontage width b. Requirements listed above in Subsection B.1 (b-g) of this Section.

Section 2. Section 407 of Article IV. R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts, of Auburn Hills Zoning Ordinance No. 372, as amended, is hereby added and shall read as follows: SECTION 407. ATTACHED ONE-FAMILY DWELLING UNITS Attached one-family dwelling units may be permitted in R-1A, R-1B, R-1C, R-1, R-2, R-3, and R4 One Family Residential Districts subject to the requirements and procedures of Section 1830. Planned Unit Development Option of the Auburn Hills Zoning Ordinance. Attached one-family dwelling unit developments may not exceed the planned dwelling units per acre depicted on the City of Auburn Hills Master Land Use Plan and/or associated neighborhood master plans. For purposes of clarification, attached one-family dwelling unit developments proposed in the R-1A District shall be subject to the requirements of Section 405 of this Article. Section 3. 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. 2

Section 4. 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 5. Savings. The proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced. Section 6. Effective Date. The provisions of this Ordinance are hereby ordered to take effect upon publication in the manner prescribed by the Charter of the City of Auburn Hills. Section 7. Adoption. This Ordinance is hereby declared to have been adopted by the City Council of the City of Auburn Hills at a meeting thereof duly called and held on the ___ day of_________, and ordered to be given publication in a manner prescribed by the Charter of the City of Auburn Hills. AYES: NAYES: ABSTENTIONS: STATE OF MICHIGAN ) COUNTY OF OAKLAND )

) ss.

I, the undersigned, the duly qualified Clerk of the City of Auburn Hills, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. ________ adopted by the Auburn Hills City Council on the ______ day of _________ the original of which is in my office. ______________________________ TERRI KOWAL, City Clerk

3

City of Auburn Hills

Zoning Ordinance

MARKED UP COPY Removed Added

EXCERPT

ARTICLE IV R-1A, R-1B, R-1C, R-1, R-2, R-3, AND R-4, ONE FAMILY RESIDENTIAL DISTRICTS SECTION 405. DWELLING UNIT DENSITY IN THE R-1A DISTRICT R-1A, OPEN SPACE DEVELOPMENT OPTION Dwelling unit density for developments within the R-1A District may not exceed two (2.0) onefamily dwelling units per gross acre, with the exception that density may be increased from two (2.0) to three (3.0) one-family dwelling units per gross acre under the “R-1A, Open Space Development Option.” A. R-1A, Open Space Development Option 1. An applicant seeking approval under said option shall follow the requirements and Reduced required procedures of Section 1830. Planned Unit Development Option of the Auburn Hills open space from Zoning Ordinance. 30% to 25% to 2. A minimum twenty-five (25%) thirty (30%) percent of the total parcel gross acreage, correspond with exclusive of public road rights-of-way and/or public road easements, shall be dedicated increased density from 2.5 to 3.0 upa or set aside in perpetuity as “open space area” as follows: 3. Gross acreage” as used in this Section means the total parcel acreage minus the public road rights-of-way and/or public road easements. 4.A. “Open space area” as used in this Section shall means an area of land that remains primarily undeveloped and in its natural state. For the purposes of this Section, open Removed net density and replaced space area may include the or designated as private park common area as referenced with gross density in Section 404.1A(2). For purposes of this Section, Rretention basins, green space per 2015/2016 NE within designated lots/units, and green space within required building setbacks for Corner Master Plan condominium units shall not be considered “open space area.” amendments. Thus, wetlands can be 5. “Condominium development envelope area” as used in this Section means the used toward density area formed by the required yard setbacks around the building structure. calculations which “Condominium unit area” as used in this Section means that area shown as a mirrors the original condominium unit on the condominium site plan and/or in the condominium 2001 open space ordinance. Master Deed. 6. The R-1A, Open Space Development Option is only permitted in those areas Note: Gross density designated as three (3.0) one-family dwelling units per gross acre on the City’s was used when Northeast Corner Neighborhood Master Plan. calculating the density for Moceri’s B. A development with a total parcel acreage, exclusive of public road rights-of-way and/or Villa Montclair public road easements, of ten (10) acres or greater shall be designed and laid out in such project a manner as to include a private park common area which is one (1) acre in size. The private park common area shall be maintained as green space and shall be capable of being used for active recreational purposes. i. Tot lots, gazebos, trails/walkways, lighting, and other similar amenities are Eliminated private encouraged to be placed within said green space. park requirement since it is extra cost ii. Said green space shall be contiguous and in a central location for the for HOA to maintain development’s residents, unless an alternative location is deemed acceptable by the City Council, after review and recommendation of the Planning Commission.

Article IV. R-1A thru R-4, One Family Residential Districts

4–1

City of Auburn Hills

Zoning Ordinance

iii.

2.

Removed net density and replaced with gross density Revised text in Section 405(A)

A development may have a private park common area larger than one (1) acre in size, but the additional acreage may not be used toward the thirty (30%) percent open space requirement. The intent of the “R-1A, Open Space Development Option” is to allow the reduction of the size of platted lots or site condominium units to be smaller than those normally permitted within the R-1A zoning district, in exchange for the permanent preservation of open space subject to the following minimum requirements: A. The R-1A, Open Space Development Option may only be permitted in those areas designated as two and one-half (2.5) dwelling units per acre on the City’s Master Land Use Plan and Northeast Corner Neighborhood Master Plan. B. The R-1A, Open Space Development may not exceed two and one-half (2.5) units per net acre. For the purposes of this Section, net acreage shall be considered the total parcel acreage minus the public road rights-of-way and/or public road easements, bodies of water, and regulated wetlands and watercourses within said parcel.

B.

The following types of residential developments may be permitted via this option, subject to the provision of open space areas: 1. Detached Dwelling Units. Developments with conventional subdivision lots or condominium units for detached one-family dwelling units may reduce the size of said lot or unit smaller than those normally permitted within the R-1A zoning district, subject to the following: a. C. In no case shall said lot area, or condominium unit area, or condominium development envelope area be less than six thousand (6,000) square feet in size or have less than fifty (50) feet of frontage width. b. All roads within the development shall be private roads. Road width shall be at least thirty (30) feet back-of-curb to back-of-curb to allow on-street parking on one side of the road. Private roads shall be located within a sixty (60) foot private road easement. c. D. Buildings shall meet the setback requirements for the R-1 district in Section 1700, Schedule of Regulations. Front yard setbacks shall be measured from the nearest private road easement boundary line or public road right-ofway line (if applicable). d. E. Homes Dwelling units shall be setback a minimum of one hundred (100) feet from an exterior boundary road of the development and arranged on site so that none face directly onto said road. No homes dwelling unit shall have direct access to an exterior boundary road of the development. e. F. Platted lots and site condominium units The lot area, condominium unit area, or condominium development envelope area may not include bodies of water, wetland buffer areas, and or regulated wetlands or watercourses. f. G. Concrete pedestrian sidewalks of five (5) feet in width shall be provided along both sides of all roads within the development. g. H. Any additional restrictions or conditions the Planning Commission and City Council may believe are necessary to meet the intent of the R-1A, Open Space Development Option. 2. Duplex Attached Dwelling Units. Two-unit attached one-family dwelling unit developments subject to the following: Added duplex option a. In no case shall said lot area, condominium unit area, or condominium back in ordinance. It is development envelope area be less than six thousand (6,000) square feet of very similar to the gross area for each unit (or twelve thousand (12,000) square feet total per previous ordinance that was removed in 2005 duplex), or have less than forty (40) feet for each unit (or eighty (80) feet total per duplex) of frontage width b. Requirements listed above in Subsection B.1 (b-g) of this Section.

Article IV. R-1A thru R-4, One Family Residential Districts

4–2

City of Auburn Hills

Add new section

Zoning Ordinance

SECTION 407. ATTACHED ONE-FAMILY DWELLING UNITS Attached one-family dwelling units may be permitted in R-1A, R-1B, R-1C, R-1, R-2, R-3, and R-4 One Family Residential Districts subject to the requirements and procedures of Section 1830. Planned Unit Development Option of the Auburn Hills Zoning Ordinance. Attached one-family dwelling unit developments may not exceed the planned dwelling units per acre depicted on the City of Auburn Hills Master Land Use Plan and/or associated neighborhood master plans. For purposes of clarification, attached one-family dwelling unit developments proposed in the R-1A District shall be subject to the requirements of Section 405 of this Article.

Article IV. R-1A thru R-4, One Family Residential Districts

4–3

Adopted 9-14-16

Amendment to the City of Auburn Hills Master Land Use Plan Northeast Corner Neighborhood Master Plan Back in July 2000, a planning process for the Northeast Corner Neighborhood was initiated by the City due to the community’s dissatisfaction with the housing density permitted under the zoning at the time. The Northeast Corner Neighborhood is the area bounded to the north by Dutton Road, south by Walton Boulevard, west by M-24, and east by the City of Rochester Hills border. The planning study came on the heels of the City’s approval of a single-family subdivision that met all ordinance requirements. Many property owners and City officials expressed two primary concerns about that project: 1) it was too dense for the area; and 2) the mass grading needed to level the site required the removal of hundreds of trees. The main concern back then was that the Northeast Corner Neighborhood was one of the few natural or “rural” areas left in the City and that the atmosphere of the area would be destroyed if the City did not alter its existing land use policy. As a result, the City held workshops to determine what the community wanted the area to look like in the future. Property owners were encouraged to express their opinions throughout the planning process. In the end, it was clear to City officials that the majority of those involved in the process wanted the housing density lowered to preserve the neighborhood’s open space and natural features. In April 2001, the Planning Commission adopted a new master plan which accomplished those goals. Upon adoption, the majority of the property in the neighborhood was rezoned to implement the new policy. It is noted that changes to both the master plan and zoning ordinance included provisions allowing the clustering of housing units and increased density, as a financial incentive for home builders to permanently preserve open space. Fast forward 15 years. On January 19, 2016, the City held a visioning meeting with the neighborhood at a local church to discuss some potential tweaks envisioned to the original plan.

Photo taken at the neighborhood visioning meeting held on January 19, 2016

This process to update the plan follows a parcel specific change to the neighborhood plan in November 2015 that facilitated a density increase for a housing development proposed by Moceri Companies called Villa Montclair. Page 1 of 4

Adopted 9-14-16 As a result of the input received at public meetings held on January 19, 2016, February 16, 2016, and March 16, 2016, the Planning Commission drafted the following amendments to the Northeast Corner Neighborhood Master Plan: First, allow a slight increase in the housing density incentive to encourage developers to save open space, woodlands, and other natural features. It works by allowing the clustering of homes, which leaves excess land as permanently preserved open space. An increase from 2.5 to 3.0 homes per acre is proposed to the current policy to help make the open space development option more attractive to home builders, as shown below. The existing requirement that caps conventional developments at 2.0 homes per acre would remain in place.

Second, allow attached duplex-style units in only open space developments similar to those constructed in the Arbor Cove and Auburn Grove condominium projects, as shown below.

Page 2 of 4

Adopted 9-14-16 Third, change the master plan designation from “single family residential” to “single family residential transitional” for the properties adjacent to the Shimmons Road curve, near the Oakland Christian School in the location shown below. The amendment will allow an open space development with attached duplex-style units and an increase in housing density from 2.5 to 3.5 homes per acre (not to exceed 28 homes). The increase in density is being provided as a financial incentive for the property owners to dedicate their land, at no cost to the City, so that the City may improve the curvature of that portion of the road in the future.

Fourth, change the master plan designation from “single family residential” to “non-residential transitional” for the Kensington Community Church (KCC) and Rochester Soccer Club (RSC) properties, which are located east of Bald Mountain Road and south of Dutton Road (shown below). A. KCC has requested the amendment due to the results of methane testing on the site, reports of a closed landfill on the property, and consideration of adjacent industrial land uses. This change would allow “clean industrial” development on the property similar to the VAST building located across the street, west of Bald Mountain Road. No vehicular access would be permitted to Bald Mountain Road and high quality development with extensive landscape greenbelts would be required. B. RSC has requested the amendment to allow an anticipated expansion of their soccer facility on the east side of their existing parking lot. The master plan designation would allow “clean industrial” development if RSC were to decide to vacate the site in the future.

Computer rendering created which shows how the properties could be redeveloped

Page 3 of 4

Adopted 9-14-16 The map below illustrates the proposed changes along with minor adjustments to the planned ROW widths for Dutton Road, Tienken Road, N. Squirrel Road, and M-24.

Change #4

Change #3

Changes #1 and #2

Page 4 of 4

N. Squirre

l R d (120')

Lapeer Rd (204')

Dutton Rd (120')

Bald Mountain (86')

This plan is intended to show generalized land use and is not intended to indicate precise size, shape or dimension, These proposals reflect future land use recommendations and do not necessarily imply short range zoning proposals.

Paldan Rd

Wetlands are also not precisely shown, final boundary determinations require field analysis and determination.

Tienken Rd (120')

Lapeer

') Rd (204

This illustration of the Master Plan, together with other descriptive matter, was duly adopted by Planning Commission Resolution on September 14, 2016

Shimmons Rd

(86')

Chairperson

Walton Blvd (120')

N. Squirrel Rd (120')

s Rd

Dexter Rd

mon Shim

) ( 86'

Secretary

Walton Blvd (204')

0

1,000

2,000

Feet

1" = 1000'

Planned Land Use Classification Single Family Residential

(2.0 Units Per Gross Acre - Conventional Development) (3.0 Units Per Gross Acre - Open Space Development)

Multiple Family Residential Single Family Residential Transitional Non-Residential Non-Residential Transitional (Technology / Office Development)

Wetlands Planned Road R.O.W. Major Thoroughfare

(150'-204' R.O.W.) 5 Lanes or Boulevard

Thoroughfare

³

Northeast Corner Neighborhood Master Plan City of Auburn Hills

Oakland County Michigan

City of Auburn Hills Planning Commission

(100'-120' R.O.W.) 3-5 Lanes

Major Collector

(86'-100' R.O.W) 2 -3 Lanes

Collector

In coordination with the Community Development Department

(60'-80' R.O.W) 2 Lanes

Other Roads

Path: P:\0101_0125\0120160230_2016_Comm_Dev_Support\_GIS\ArcLayouts\AH_Zoning_Portrait_11x17.mxd

Map Published: September 14, 2016

8 8 8 . 5 2 2 . 6 7 11

|

o hm -ad vi sors.com

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AG E N D A I T E M NO . 9D . CO M M U N I T Y DE V E L O P M E N T

To:

Mayor and City Council

From:

Thomas A. Tanghe, City Manager and Steven J. Cohen, Director of Community Development

Submitted:

February 21, 2017

Subject:

Motion – Approval of Text Amendment to the Zoning Ordinance / Section 1836. Universal Design and Visitability

OVERVIEW The attached amendment to the Zoning Ordinance has been drafted to implement Action Plan Item #1 in the Housing Domain of the 2015 Age Friendly Action Plan which recommends that the City “encourage developers to think about universal design features.” The purpose of this text amendment is to educate and incentivize, but not require, builders to incorporate universal design elements and features into their new home designs. Over time, staff anticipates this program will help make the housing stock in Auburn Hills more accessible and visitable for people of all ages and abilities. It is noted that such requirements generally exceed Michigan building codes, therefore cannot be required by the City. The Villa Montclair PUD and Forester Hills PUD are examples of housing developments which have incorporated many of the accessibility features displayed below into the design of their new homes.

Illustration of Universal Design Features

Page 2

RECOMMENDED ACTION Staff recommends approval. The amendment has been reviewed and found acceptable from a legal standpoint by City Attorney Derk Beckerleg. PLANNING COMMISSION RECOMMENDATION Recommended Approval on February 15, 2017 (6-0 vote). Note: The Planning Commission asked staff to add the following minimum universal design elements and features for a development proposal to be considered for PUD eligibility: 1. Zero-step front door entryway 2. First floor master bedroom and bathroom with zero-step entry to shower 3. 36-inch wide doorways and 42-inch wide hallways 4. 60-inch wide maneuvering radius in the kitchen and bathrooms 5. First floor laundry room In addition, at least 75% of the homes within a project must have the above minimum universal design elements and features to be considered for PUD eligibility. MOTION “Move to accept the Planning Commission’s recommendation and approve the enclosed Text Amendment to add Section 1836. Universal Design and Visitability to the Zoning Ordinance. The amended ordinance shall be referenced as Ordinance 17-886.”

I CONCUR: THOMAS A. TANGHE, CITY MANAGER

Excerpt CITY OF AUBURN HILLS PLANNING COMMISSION MINUTES

February 15, 2017

Location: City Council Chamber, 1827 N. Squirrel Road, Auburn Hills, MI 48326 1. CALL TO ORDER: Planning Commission Chairperson Ouellette called the meeting to order 2. ROLL CALL: Present: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer Absent: Hitchcock, Mendieta, Pederson Also Present: Director of Community of Development Cohen, Assistant City Planner Keenan, Senior Services Director Adcock Guests: 3 5d.

Universal Design and Visitability (7:32 p.m.) Public Hearing / Motion – Recommendation to City Council for approval of a text amendment to add Section 1836. Universal Design and Visitability to the Zoning Ordinance.

Mr. Cohen stated that this Zoning Ordinance has been drafted to implement Action Plan Item #1 in the Housing Domain of the 2015 Age Friendly Action Plan which recommends that the City “encourage developers to think about universal design features.” The purpose of this text amendment is to educate and incentivize, but not require, builders to incorporate universal design elements and features into their new home designs. Over time, staff anticipates this program will help make the housing stock in Auburn Hills more accessible and visitable for people of all ages and abilities. It is noted that such requirements generally exceed Michigan building codes, therefore cannot be required by the City. As an incentive to do this, the City is offering expedited permitting and eligibility for PUD consideration, which shall be discussed in the next agenda item. This diagram from The Villa Montclair PUD and Forester Hills PUD are examples of housing developments which have incorporated many of the accessibility features displayed below into the design of their new homes. These diagrams show many of the features of a home that incorporates universal design. In essence, it makes the home accessible for all people and abilities, which is above and beyond the Michigan Building Codes. Some elements include: zero – step entry ways, wider doors and hallways, and clear space in the kitchen and bathrooms which allows for wheelchair maneuvers. Mr. Cohen stated the purpose of this ordinance is to raise awareness of this smart home design and to let developers know this is something the Planning Commission and City Council would like to see built in our community. In reviewing the two illustrations provided in the ordinance amendment, Mr. Pierce commented about the importance of having first floor laundry rooms for people with physical limitations. Mr. Burmeister questioned what the PUD requirements were and if the developer would have to provide all the items shown in the illustrations provided in the ordinance amendment. Mr. Cohen clarified that the illustrations were an example of what could be done, with a PUD the discretion lies with the Planning Commission and City Council for final approval. No minimum threshold was created. Mr. Burmeister confirmed the importance of the staff’s ability to work with developers to include key design elements. Mr. Burmeister also wanted to ensure that Ms. Adcock would have input to the process. Mr. Cohen stated that “yes” she would definitely be involved in the review.

Auburn Hills Planning Commission February 15, 2016 Page 2 of 2 Mr. Ouellette stated that he would like to see minimum threshold that developers would have to meet such as zero entryway doors and wider hallways. He continued to state that in real estate there are thresholds for what is to be considered a smart home qualify as a smart home and suggested that there should be a standard for universal design, as well. Ms. Ochs stated that she would like to see a minimum of design options as a threshold for what needs to be met. Mr. Cohen clarified that he was concerned that if a developer were to be given a list, they would only follow the list, as opposed to doing as much as possible to make the home accessible. Ms. Ochs continued to comment that if there are no minimums and two developers are before the Planning Commission there is a challenge to know what will be approved or what justifies a PUD. Mr. Burmeister indicated he would like to see key design elements listed and then anything else provided above and beyond shown in the illustrations would be the frosting on the cake. Mr. Cohen explained the goal is to work with developers on the primary goal of accessibility and see what we can negotiate as part of the PUD. The ordinance is intended to educate people. Mr. Cohen stated, based on the Planning Commission’s direction, he would work to develop a minimum standard for PUD qualification based on this discussion for the City Council packet to ensure the intent of the universal design is met. Mr. Ouellette opened the public hearing at 7:47 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:47 p.m. Motion made by Mr. Pierce to recommend to City Council for approval of a text amendment to add Section 1836. Universal Design and Visitability to the Zoning Ordinance. Seconded by Shearer VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0

CITY OF AUBURN HILLS COUNTY OF OAKLAND STATE OF MICHIGAN ORDINANCE NO. 17-886 TEXT AMENDMENT TO ZONING ORDINANCE AN ORDINANCE TO ADD SECTION 1836. UNIVERSAL DESIGN AND VISITABILITY IN ZONING ORDINANCE NO. 372, AS AMENDED THE CITY OF AUBURN HILLS ORDAINS Section 1. Section 1836 of Auburn Hills Zoning Ordinance No. 372, as amended, is hereby added and shall read as follows: Section 1836. Universal Design and Visitability The intent of this section is to strongly encourage, but not require, the implementation of universal design elements and features in new homes where feasible. Universal design elements and features can be seamlessly integrated into the construction of a new home so that it is functionally accessible for people of all ages and abilities. The goal is to discretely remove the physical barriers that are often found in traditional home design, that limit people with short or long term disabilities (living within or visiting), without making the home look institutional or aesthetically unappealing.

Illustration #1 of Universal Design Elements and Features Used with permission from Heartland Builders, LLC

AARP and many disability advocates encourage home builders to utilize universal design elements and features as they enable people to “age in place” and remain in their homes throughout their lifespan, even as their needs change over time. The City recognizes that in some cases it may be cost-prohibitive to retrofit an existing home to remove the physical barriers that prevent a person or family from remaining in their home as they 1

age. Thus, this initiative is a priority of the City, as outlined in its Age-Friendly Action Plan, to raise awareness that such expenses can be significantly reduced when considered early in the design stage and subsequently incorporated into the initial construction cost of a home.

Illustration #2 of Universal Design Elements and Features Used with permission from Nikki Dawes

As an incentive for developers to incorporate universal design elements and features into their development proposals, the City offers streamlined permitting and eligibility for consideration of zoning flexibility via the Planned Unit Development Option as outlined in Section 1830. To be considered for Planned Unit Development Option eligibility, 75% or more of the homes in a proposed development must include the following minimum universal design elements and features: 1. Zero-step front door entryway 2. First floor master bedroom and bathroom with zero-step entry to shower 3. 36-inch wide doorways and 42-inch wide hallways 4. 60-inch wide maneuvering radius in the kitchen and bathrooms 5. First floor laundry room Section 2. 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 3. 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. 2

Section 4. Savings. The proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced. Section 5. Effective Date. The provisions of this Ordinance are hereby ordered to take effect upon publication in the manner prescribed by the Charter of the City of Auburn Hills. Section 6. Adoption. This Ordinance is hereby declared to have been adopted by the City Council of the City of Auburn Hills at a meeting thereof duly called and held on the ___ day of_________, and ordered to be given publication in a manner prescribed by the Charter of the City of Auburn Hills. AYES: NAYES: ABSTENTIONS: STATE OF MICHIGAN ) COUNTY OF OAKLAND )

) ss.

I, the undersigned, the duly qualified Clerk of the City of Auburn Hills, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. ________ adopted by the Auburn Hills City Council on the ______ day of _________ the original of which is in my office. ______________________________ TERRI KOWAL, City Clerk

3

DOMAIN ONE : HOUSING Auburn Hills is home to 21,000 residents. About 50.6% of the homes in Auburn Hills are owner-occupied. According to the Area Agency on Aging, 2,539 households in Auburn Hills have one or more residents that are ages 60 or older in 2010. Out of these, 313 households are seniors that live alone. To assist senior residents, the city utilizes the Senior Home Assistance Repair Program, Meals on Wheels, and the Rake and Run program to provide low income residents the services they need to stay in their home for as long as possible. The housing domain focuses on ensuring that there are home modification programs and a variety of housing options available to older residents so that they do not have to move away when they get older. As our residents continue to age, there will be a demand for housing modifications and new housing that will accommodate a range of physical abilities. Our housing action items focus on ensuring that our residents are able to live in their home safely without any barriers.

ACTION PLAN ITEM #1 Encourage developers to think about universal design features (steps, single level units, low maintenance) Activities •

• •

Connect developers with community development, financing, and age-friendly housing information Support transit and transit-oriented development Encourage affordable housing developments for older residents

Responsible Departments •

Planning Commission and Senior Services

Timespan •

September 2015 - December 2016

Resources and Support • • •

Channel for homeowners to find licensed contractors that have received training on home modifications Demand for affordable and age-appropriate housing State of Michigan – Building codes need to align with age-friendly guidelines

Potential Barriers or Resistance • • •

Channel for homeowners to find licensed contractors that have received training on home modifications Demand for affordable and age-appropriate housing State of Michigan – Building codes need to align with age-friendly guidelines

What individuals and organizations should be informed or involved with these tasks? • • • • • • • • • • • • • •

AARP Builders Chamber of Commerce Churches City Council Community Development Construction Association of MI Faith Based Housing Agencies Homeowners Association for Senior Communities Housing and Urban Development Local business owners MISHDA Planning Commission Senior Services Department

Metrics • • • •

Creation and distribution of an age-friendly housing guide for contractors Increase in the availability of accessible housing The number of properties that are under development for age-friendly housing Increase in the number of residents that plan to stay in Auburn Hills

What solutions exist for these obstacles? • • • • •

Connecting developers with governmental resources Flexibility in zoning and incentives to builders Host a program and highlight demand for age-friendly housing to developers Partner with Oakland County Community and Home Improvement Home Repair Program Develop a universal design recommendation guide

Age Friendly 2015 Action Plan ■ Page 19

CITY OF AUBURN HILLS CITY COUNCIL AGENDA M E E T I N G D A T E : F E B R U A R Y 27, 2017

AG E N D A I T E M NO . 9E . CO M M U N I T Y DE V E L O P M E N T

To:

Mayor and City Council

From:

Thomas A. Tanghe, City Manager and Steven J. Cohen, Director of Community Development

Submitted:

February 21, 2017

Subject:

Motion – Approval of Text Amendment to the Zoning Ordinance / Section 1830. Planned Unit Development Option

INTRODUCTION The attached amendment to the “criteria for qualification” section of the PUD Ordinance has been drafted to encourage developments that promote the goals and objectives of the City of Auburn Hills, in return for zoning flexibility. The changes are intended to promote the policy recommendations of the City’s 2015 Age Friendly Action Plan, 2006 Green Building Policy, 2011 Electric Vehicle Readiness Project, and 2014-2018 Parks and Recreation Master Plan by outlining acceptable public benefits recognized by the City Council. PROPOSED CHANGES The primary reason for updating the PUD ordinance was to implement Action Plan Item #1 in the Housing Domain of the 2015 Age Friendly Action Plan which states “encourage developers to think about universal design features.” The other changes relate to green building, electric vehicle readiness, and financial contributions for parks, equipment, and improvements. They were added to reflect considerations used in the recent PUD project approvals for The Parkways, Forester Hills, Villa Montclair, Adams Outdoor, Blossom Park, First and Main, Residents at Thirty-Two 50, and Mosaic of Auburn Hills. Proposed additions and/or modifications to the “criteria for qualification” section of the PUD Ordinance are the following: 1. Construction of homes that are accessible and visitable for people of all ages and abilities by utilizing universal design elements and features in accordance with Section 1836. 2. Provision of open space or public plazas or features and/or financial contribution to assist with the creation and maintenance of off-site public spaces and improvements. 3. Commitment to construct a project that obtains certification from the U.S. Green Building Council or similar nationally recognized green building program. 4. Mitigation to offset impacts on public facilities such as road and utility improvements and/or the contribution to the City of equipment and/or assets. 5. Installation of plug-in electric vehicle charging stations for use by employees and visitors in accordance with Section 1834 and/or the installation of other infrastructure for alternative fuel vehicles. 6. Creation of a plug-in electric vehicle ready residential development with garages and/or carports prepped for electric vehicle charging stations in accordance with Section 1834. RECOMMENDED ACTION Staff recommends approval. The amendment has been reviewed and found acceptable from a legal standpoint by City Attorney Derk Beckerleg. PLANNING COMMISSION RECOMMENDATION Recommended Approval on February 15, 2017 (6-0 vote).

Page 2

MOTION “Move to accept the Planning Commission’s recommendation and approve the enclosed Text Amendment to Section 1830. Planned Unit Development Option of the Zoning Ordinance. The amended ordinance shall be referenced as Ordinance 17-887.”

I CONCUR: THOMAS A. TANGHE, CITY MANAGER

Excerpt CITY OF AUBURN HILLS PLANNING COMMISSION MINUTES

February 15, 2017

Location: City Council Chamber, 1827 N. Squirrel Road, Auburn Hills, MI 48326 1. CALL TO ORDER: Planning Commission Chairperson Ouellette called the meeting to order 2. ROLL CALL: Present: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer Absent: Hitchcock, Mendieta, Pederson Also Present: Director of Community of Development Cohen, Assistant City Planner Keenan, Senior Services Director Adcock Guests: 3 5e. Planned Unit Development Option (7:48 p.m.) Public Hearing/Motion – Recommendation to City Council to Amend the Text of the Zoning Ordinance / Section 1830. Planned Unit Development Option Mr. Cohen presented the amendment to the “criteria for qualification” section of the PUD Ordinance which was drafted to encourage developments that promote the goals and objectives of the City of Auburn Hills, in return for zoning flexibility. The changes are intended to promote the policy recommendations of the City’s 2015 Age Friendly Action Plan, 2006 Green Building Policy, 2011 Electric Vehicle Readiness Project, and 2014-2018 Parks and Recreation Master Plan by outlining acceptable public benefits recognized by the City Council. Mr. Cohen explained the primary reason for updating the PUD ordinance was to implement Action Plan Item #1 in the Housing Domain of the 2015 Age Friendly Action Plan which states “encourage developers to think about universal design features.” The other changes relate to green building, electric vehicle readiness, and financial contributions for parks, equipment, and improvements. They were added to reflect considerations used in the recent PUD project approvals for The Parkways, Forester Hills, Villa Montclair, Adams Outdoor, Blossom Park, First and Main, Residents at Thirty-Two 50, and Mosaic of Auburn Hills. Mr. Ouellette asked what the word “assets” meant and if that assets had been offered in past. Mr. Cohen stated no, but staff would like the ordinance to reflect potential PUD eligibility if a donation of assets, like an ambulance or other emergency services vehicles or equipment, were to be offered. A donation of money has been accepted for PUD eligibility in the past to support the construction of the Downtown Amphitheater project. Mr. Ouellette also questioned the purpose of two steps in a PUD plan. Mr. Cohen stated that it is good to have two steps. A developer may wish to see if a concept is acceptable to the City before spending tens of thousands of dollars on detailed drawings. Generally, most developers seek approval of steps One and Two concurrently to save time. Mr. Ouellette opened the public hearing at 7:52 p.m. Hearing no comments, Mr. Ouellette closed the public hearing at 7:52 p.m. Motion made by Mr. Beidoun to recommend to City Council approval of the enclosed Text Amendment to Section 1830. Planned Unit Development Option of the Zoning Ordinance. Second by Ms. Ochs VOTE: YES: Beidoun, Burmeister, Ochs, Ouellette, Pierce, Shearer NO: None Motion Carried 6-0

CITY OF AUBURN HILLS COUNTY OF OAKLAND STATE OF MICHIGAN ORDINANCE NO. 17-887 TEXT AMENDMENT TO ZONING ORDINANCE AN ORDINANCE TO AMEND SECTION 1830. PLANNED UNIT DEVELOPMENT OPTION IN ZONING ORDINANCE NO. 372, AS AMENDED THE CITY OF AUBURN HILLS ORDAINS Section 1. Section 1830, Item 3 of Auburn Hills Zoning Ordinance No. 372, as amended, is hereby amended and shall read as follows: 3.

Criteria for Qualification. In determining whether the proposed PUD provides a recognizable net public benefit and meets one or more Conditions that Create PUD Eligibility, the Planning Commission and the City Council may consider the following: A. Unique factors related to a particular site. B. Preservation of unique site design features. C. Architectural design quality and innovation. D. Construction of homes that are accessible and visitable for people of all ages and abilities by utilizing universal design elements and features in accordance with Section 1836. E. Extent and type of landscaping. F. Preservation, enhancement, or restoration of natural resources such as trees, slopes, and wetland areas. G. Preservation or enhancement of historic resources. H. Provision of open space or public plazas or features and/or financial contribution to assist with the creation and maintenance of off-site public spaces and improvements. I. Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions such as topography, shape, etc. J. Effective transition between higher and lower density uses, and/or between nonresidential and residential uses. K. Commitment to construct a project that obtains certification from the U.S. Green Building Council or similar nationally recognized green building program. L. Shared vehicular access between properties or uses. M. Complementary mix of uses or a variety of housing types. N. Mitigation to offset impacts on public facilities such as road and utility improvements and/or the contribution to the City of equipment and/or assets. O. Redevelopment of sites where an orderly change of use is desirable. 1

P. Q. R.

Installation of plug-in electric vehicle charging stations for use by employees and visitors in accordance with Section 1834 and/or the installation of other infrastructure for alternative fuel vehicles. Creation of a plug-in electric vehicle ready residential development with garages and/or carports prepped for charging stations in accordance with Section 1834. Any other factor that contributes to Conditions that Create PUD Eligibility.

Section 2. 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 3. 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 4. Savings. The proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced. Section 5. Effective Date. The provisions of this Ordinance are hereby ordered to take effect upon publication in the manner prescribed by the Charter of the City of Auburn Hills. Section 6. Adoption. This Ordinance is hereby declared to have been adopted by the City Council of the City of Auburn Hills at a meeting thereof duly called and held on the ___ day of_________, and ordered to be given publication in a manner prescribed by the Charter of the City of Auburn Hills. AYES: NAYES: ABSTENTIONS: STATE OF MICHIGAN ) COUNTY OF OAKLAND )

) ss.

I, the undersigned, the duly qualified Clerk of the City of Auburn Hills, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. ________ adopted by the Auburn Hills City Council on the ______ day of _________ the original of which is in my office. ______________________________ TERRI KOWAL, City Clerk

2

   

Marked‐Up Ordinance  New  Removed 

City of Auburn Hills

SECTION 1830. PLANNED UNIT DEVELOPMENT OPTION: 1. Authority. The Planned Unit Development (PUD) option is established in accordance with the Michigan Zoning Enabling Act (Public Act 110 of 2006). Development permitted under this section is only upon terms agreeable to the City of Auburn Hills. The decision to approve its use is at the sole discretion of the City Council. 2. Conditions That Create PUD Eligibility. A proposed development is eligible for the PUD option if it provides a recognizable net public benefit to the health, safety, and welfare of the residents of the City of Auburn Hills and accomplishes one or more of the following: A. Permits flexibility in the regulation of land development. B. Encourages innovation in land use and variety in design, layout, and type of structures constructed. C. Achieves economy and efficiency in the use of land, natural resources, energy, and the provision of public services and utilities. D. Encourages useful open space. E. Provides better housing, employment, and shopping opportunities particularly suited to the needs of the residents of the City of Auburn Hills. 3. Criteria for Qualification. In determining whether the proposed PUD provides a recognizable net public benefit and meets one or more Conditions that Create PUD Eligibility, the Planning Commission and the City Council may consider the following: A. Unique factors related to a particular site. B. Preservation of unique site design features. C. Architectural design quality and innovation. D. Construction of homes that are accessible and visitable for people of all ages and abilities by utilizing universal design elements and features in accordance with Section 1836. E. D Extent and type of landscaping. F. E Preservation, enhancement, or restoration of natural resources such as trees, slopes, and wetland areas. G. F Preservation or enhancement of historic resources. H. G Provision of open space or public plazas or features and/or financial contribution to assist with the creation and maintenance of off-site public spaces and improvements. I. H Efficient consolidation of poorly dimensioned parcels or property with difficult site conditions such as topography, shape, etc. J. I Effective transition between higher and lower density uses, and/or between nonresidential and residential uses. K. J Degree of compliance with the City of Auburn Hills Green Building Policy. Commitment to construct a project that obtains certification from the U.S. Green Building Council or similar nationally recognized green building program. L. K Shared vehicular access between properties or uses. M. L Complementary mix of uses or a variety of housing types. N. M Mitigation to offset impacts on public facilities such as road and utility improvements and/or the contribution to the City of equipment and/or assets. O. N Redevelopment of sites where an orderly change of use is desirable. P. Installation of plug-in electric vehicle charging stations for use by employees and visitors in accordance with Section 1834 and/or the installation of other infrastructure for alternative fuel vehicles and/or preparation. Q. Creation of a plug-in electric vehicle ready residential development with garages and/or carports prepped for charging stations in accordance with Section 1834. R. O Any other factor that contributes to Conditions that Create PUD Eligibility

 

 

Page 1 

    4. 5.

6.

7.

 

Exception. A PUD option may not be used if the same land use objectives can be accomplished by the application of conventional zoning provisions or standards. Uses Permitted. A. A land use plan may be proposed for the area to be included within the proposed PUD. The land use plan shall be defined by the districts of the zoning ordinance which are to be applicable to the parts of the PUD area. B. Principal Uses Permitted and Special Land Uses Permitted shall be allowed within the districts identified on the PUD Plan, except that some uses may be specifically prohibited from districts designated on the PUD Plan. The City Council may permit uses not permitted in the district if specifically noted on the PUD Plan. Conditions applicable to Principal Uses Permitted and Special Land Uses Permitted shall be used as guidelines for design and layout, but may be varied by the City Council provided that such conditions are indicated on the PUD Plan. C. Nonresidential uses may be permitted in residentially zoned areas. Residential uses may be permitted in non-residentially zoned areas. Densities or lot sizes which are different from the applicable district(s) and the mixing of land uses that would otherwise not be permitted are permitted; provided, other required objectives are met and the resulting development is eligible for the PUD option. Height, Bulk, Density and Area Standards. The standards as to height, bulk, density, and setbacks of each zoning district shall be applicable within each specific district area designated on the plan, except as specifically modified and noted on the PUD Plan. Submittal Procedures. Approval of a PUD shall include two (2) steps - Step One and Step Two, as described in this subsection. In an effort to expedite the PUD review process, an applicant may seek Step One and Step Two approvals concurrently, provided all the applicable information listed in this section, including a draft Development Agreement, and other applicable ordinances are submitted concurrently. The Planning Commission may recommend and the City Council may require changes or place conditions on the approval of the proposed PUD and the Development Agreement. A. Step One Review: Submission of PUD Plan (Qualification) 1. A person owning or controlling land in the City of Auburn Hills may make a Request to Approve (application) for a PUD. The application shall request a determination as to whether a parcel qualifies for the PUD option based on the Conditions that Create PUD Eligibility. 2. An application shall be made to the Community Development Department for review and recommendation by the Planning Commission and shall include: a. A certified boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer (scale: not smaller than one [1] inch equals one hundred [100] feet). b. A topographic map of the entire area at a contour interval of not more than two (2) feet. This map shall indicate all major stands of trees, bodies of water, wetlands and unbuildable areas (scale: not smaller than one [1] inch equals one hundred [100] feet). c. A PUD Plan indicating the following at a scale no smaller than one (1) inch equals one hundred (100) feet (1" = 100'): i. Land use areas requested in the PUD Plan. ii. Vehicular circulation including major drives and the location of vehicular access points. iii. Preliminary proposals as to cross sections and as to public or private streets. iv. Transition treatment, including minimum building setbacks to land adjoining the proposed PUD and between different land use areas within the proposed PUD.

 

Page 2 

    v.

3.

4.

 

The general location of nonresidential buildings and parking areas, estimated floor areas, building coverage and number of stories or height and proposed building facade and building elevation. vi. The general location of residential unit types, densities and lot sizes by area. vii. The general location of all woodlands, wetlands, water, and water courses and proposed water detention areas. viii. The boundaries of open space areas that are to be preserved and reserved and an indication of the proposed ownership thereof. ix. A schematic landscape treatment plan for open space areas, streets and border/transition areas to adjoining properties. x. A preliminary grading plan, indicating the extent of grading including any areas which are not to be graded or disturbed. xi. A preliminary utility plan including an indication of the contemplated water distribution, storm and sanitary sewer plan. xii. Any deed restrictions or restrictive covenants associated with the property. xiii. All easement locations. xiv. A written statement explaining in detail the full intent of the applicant, also indicating the type of dwelling units or uses contemplated and resultant population, floor area, parking and supporting documentation, including the intended schedule of development. After holding a public hearing in accordance with the notice requirements of Section 1815, the Planning Commission shall report its findings and make its recommendations to the City Council on the PUD Plan. The Planning Commission shall make a determination whether: a. The PUD Plan promotes the land use goals and objectives of the City of Auburn Hills. b. The PUD Plan is eligible for the PUD option. c. All applicable provisions of this section have been met. Insofar as any provision of this section shall be in conflict with the provisions of any other section of this Ordinance, the provisions of this section shall apply to the lands embraced within a PUD area. d. There is, or will be at the time of initial development, an adequate means of disposing of sanitary sewage and of supplying the development with water, and that the road system and storm water drainage system are adequate. The City Council shall review the PUD Plan and make a final determination as to the proposed plan’s adherence to the above stated objectives and requirements. a. If the Council grants the application, the applicant shall prepare a Development Agreement setting forth the conditions upon which the approval is based. The Development Agreement shall be submitted for approval at the time of PUD Step Two review. b. Once an area has been included within a PUD Plan and the PUD Plan has been approved by the City Council, development may not take place in the plan area nor may any use be made of the plan area except in accordance with the PUD Plan or in accordance with an amendment approved by the City Council. c. An approved PUD Plan may be terminated by the applicant or the applicant's successors or assigns, prior to any development within the area involved, by filing with the City Clerk and recording in the County

 

Page 3 

   

B.

8. 9.

10.

 

records an affidavit so stating. The approval of the PUD Plan shall terminate upon such recording. d. An approved PUD Plan may not be terminated after development commences except with the approval of the City Council and of all parties in interest in the land. e. Within a period of two (2) years following approval of PUD Step One by the City Council, final plats or site plans for an area embraced within the PUD must be submitted as hereinafter provided. If such plats or plans have not been submitted within the two (2) year period, the City Council may terminate the right to develop the PUD Plan. Extensions may be granted at the discretion of the City Council. Step Two Review: Submission of Final Plats, Site Plans and Schedule for Completion of the Approved PUD 1. Before any permits are issued for any activity within the area of an approved PUD, final plats or site plans for a project area shall be submitted to the Community Development Department for review and recommendation by the Planning Commission and final City Council approval of the following: a. Review and approval of site plans shall comply with Section 1815 as well as this section, except as otherwise modified in the approved plan. Review and approval of plats shall comply with the City of Auburn Hills Subdivision Control Ordinance and other applicable ordinances. b. Before approving of any final plat or plan, the City Council shall determine that: i. All portions of the project area shown upon the approved PUD Plan for use by the public or the residents of lands within the PUD have been committed to such uses in accordance with the PUD Step One approval. ii. The final plats or site plans are in conformance with the Development Agreement and PUD Plan. iii. Provisions have been made within the Development Agreement to provide for the financing of any improvements shown on the final PUD Plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured in accordance with the Development Agreement. 2. Plans for tree removal permit and wetland permit review shall be submitted at the time of PUD Step Two review. 3. If development of approved final plats or site plans is not substantially completed in three (3) years after approval, further final submittals under the approved PUD Plan shall cease until the part in question is completed or cause can be shown for not completing same. Extensions may be granted at the discretion of the City Council.

Fees. Fees for review of PUD Plans under this section shall be established by resolution of the City Council. Interpretation of Approval. Approval of a PUD Plan under this section shall be considered an optional method of development and improvement of property subject to the mutual agreement of the City Council and the applicant. The Zoning Board of Appeals shall have no jurisdiction to hear appeals or make interpretations or any decisions regarding a project reviewed under this section. Amendments to PUD Plan. Proposed amendments or changes to an approved PUD Plan shall be submitted to the Planning Commission as outlined in the Development Agreement. The Planning Commission shall determine whether the proposed modification is of such minor nature as not to violate the area and density requirements or to affect the overall character of the plan, and in such event may

 

Page 4 

    approve or deny the proposed amendment. If the Planning Commission determines the proposed amendment is material in nature, the amendment shall be reviewed by the Planning Commission and City Council in accordance with the provisions and procedures of this section as they relate to final approval of the PUD. (Amended: 5-15-00 per Ordinance No. 661) (Amended: 8-27-01 per Ordinance No. 685) (Amended: 12-15-09 per Ordinance No. 824)

 

 

Page 5 

Memo Thomas A. Tanghe, City Manager From: Doreen E. Olko, Chief of Police Date: February 14, 2017 Re: 2016 ANNUAL TRAFFIC CRASH/SAFETY REPORT

To:

The Uniform Traffic Code for Cities, Townships, and Villages (U.T.C.C.T.V.), Section R28.1124 Rule 124, requires our police department to prepare an annual traffic report that shall be filed with the executive head and ordinance making body of our governmental unit. Per the statute, this report shall contain the following items:  number of crashes  number of persons killed,  number of persons injured  number of traffic crashes investigated  the plans and recommendations of the police department for future safety activities  other pertinent data on the safety activities of the police, as they pertain to traffic and traffic engineering  other pertinent traffic crash data This report has been prepared to fulfill our obligation under the U.T.C.C.T.V. The crash data stays consistent year to year with passenger cars being involved in crashes more frequently than any other vehicle. Most crashes occur during day time hours and peak hours during the morning and evening rush hours. The most frequent type of crash are rear-end crashes followed by single motor vehicle crashes. Hazardous Action Total Unable to stop 944 Failed to yield 283 Speed too fast 246 Improper Lane Use 160 Disregard Traffic Device 69 2016 Crash Data: In 2016, there were a total of 2068 crashes in the city. This represents a .82% decrease in crashes over 2015. Of these crashes 944 (46% of total) were for rear end type crashes. The next highest category was single motor vehicle crashes at 14%. The road conditions were dry for 71% of the total crashes. In 2016, there was a 22% decrease in crashes where the road conditions were either icy, snowy, or slushy. Annual Vehicle Miles Traveled (AVMT) data was researched for Oakland County using Michigan Department of Transportation (MDOT) Highway Performance Monitoring System. The following shows the increase in traffic for urban roads in Oakland County: Annual Vehicle Miles Traveled (Thousands): 2010 11,320,200 2011 11,819,293 4% increase 2012 11,976,551 1% increase

1

2013 2014 2015

12,557,427 12,742,479 12,727,490

1% increase 1.5% increase .12% decrease

The AVMT data for 2016 has not been published yet. In addition, crash statistics were reviewed for neighboring communities, as well as the total crashes in all jurisdictions within Oakland County. Bloomfield Township City of Troy Rochester Hills Pontiac All of Oakland County

5.5% decrease in crashes 2015 to 2016 5% decrease 3% decrease 1.7% decrease 2.9% increase

In 2016 there were 56 crashes (2.7% of total) that involved alcohol. The Department made 189 alcohol impaired driving arrests as well as 15 arrests for operating under the influence of drugs in 2016. Intersection Data: The below chart lists the top ten intersections for crash frequency: Street Name 1 Walton Blvd 2 Lapeer 3 Walton Blvd 4 Lapeer 5 Hamlin 6 Joslyn 7 University 8 Squirrel 9 Walton Blvd 10 Squirrel

At Squirrel Harmon Opdyke Brown Squirrel Brown Opdyke Featherstone Lapeer University

Crashes 45 44 37 31 28 27 24 21 18 14

Walton and Squirrel is the City’s highest crash frequency intersection. It falls at number 19 on the list of intersections in Oakland County. Injuries: In 2016 there were 350 crashes (17% of total) that involved injuries. That includes injuries ranging from complaint only up to fatal injuries. There was a 10% decrease in injury crashes from 2015 to 2016.  K type (fatal) 2  A type (incapacitating injury) 16  B type (non-incapacitating) 137  C type (possible injury) 195  Property Damage Only 1718 (83% of all crashes are property damage only) Fatalities: There were two (2) crashes resulting in two (2) fatalities in Auburn Hills in 2016. The crashes were investigated by the Southeast Oakland County Crash Investigation Team.

2

There was a fatal crash on eastbound M-59 at Squirrel Road. The vehicle left the roadway and struck a tree. The driver suffered fatal injuries and there were no passengers in the vehicle. The subsequent investigation revealed that the driver was intoxicated at the time of the crash. There was a fatal crash at the intersection of Opdyke Road and Walton Blvd. Investigation revealed that one of the vehicles was traveling westbound on Walton Blvd and the other vehicle was turning left onto northbound Opdyke Road when the crash occurred. One of the drivers suffered fatal injuries from the crash. The investigation revealed that neither drugs nor alcohol were a factor in the crash. SOCCIT: The Southeast Oakland County Crash Investigation Team is a collaborative effort of the Cities of Auburn Hills, Troy, Bloomfield Hills, the Township of Bloomfield, Clawson, and Birmingham. The team is charged with investigating fatal and serious injury crashes that occur within the borders of the six (6) communities. The team had 20 call outs in 2016. Of the 20 call outs, five (5) of the crashes occurred within the City of Auburn Hills. Ten (10) of the call outs were in Troy and five (5) in Bloomfield Township. The team continues to train together four (4) times a year. The team has registered its training classes with MCOLES and has had investigators from outside agencies attend the training classes. The team continues to use best practices of traffic incident management in order to conduct investigations as efficiently as possible to clear the roadway of these unplanned obstructions while at the same time providing high quality investigations. Safe Communities-Traffic Grant: Safe Communities is a series of enforcement initiatives under a grant from the Michigan Office of Highway Safety and Planning (OHSP), administered by the Traffic Improvement Association of Oakland County (TIA). In 2016, the Department conducted 302.25 hours of reimbursed overtime patrols. The enforcement initiatives for the 2017 grant period will include:  Impaired Driving Enforcement- “Drive Sober or get Pulled Over”  Seatbelt Enforcement- “Click it or Ticket” For the 2016 Safe Communities Grant, our Department participated in Impaired Driving Enforcement, and Click it or Ticket. Click it or Ticket enforcement involves having a spotter and placing signs warning drivers that there are entering a seatbelt enforcement zone. The department did 79.75 hours of Click it or Ticket enforcement; officers stopped 137 vehicles, and issued 97 seatbelt citations. The department did 222.50 hours of Impaired Driving Enforcement within the city; officers stopped 273 vehicles and made 15 OWI arrests. For 2017, Safe Communities Grant will reimburse the City of Auburn Hills up to $15,494.00 for Seatbelt Enforcement and Impaired Driving Enforcement details. By participating in these enforcement details, we believe the streets of Auburn Hills are a safer place to travel.  Impaired Driving Enforcement- “Drive Sober or Get Pulled Over”.  Seatbelt Enforcement- “Click it or Ticket” Drivers Education Programs: The Police Department has and will continue to host programs and provide information designed to educate the new and experienced driver. Some examples are:  Traffic Safety Bulletins  Nixle.com/Twitter/Social Media  S.A.F.E. Streets  Winter Driving Safety  Bicycle Safety  PROM Educational Program

3

In 2016 our Department’s conducted one bicycle rodeo; at Will Rogers Elementary School. In 2016 the department conducted a PROM educational program at the Avondale High School. Officers used a driving simulator from AAA to educate students on the dangers of Texting & Driving and Impaired Driving. Officers also provided information on Distracted Driving, Drowsy Driving, and Teen Safety Tips. In 2016 the department in conjunction with the Oakland University Police Department conducted four traffic enforcement details as part of S.A.F.E. Streets. A total of 33 vehicles were stopped during the details and 22 citations were issued. The majority of the citations were issued for Speeding. The Department will continue to be proactive in traffic management. We will work collaboratively with Road Commission of Oakland County and entities like the Traffic Improvement Association to analyze traffic patterns and ensure that traffic flows as efficiently as possible. We continually monitor high accident areas and target enforcement efforts accordingly. In addition we work with our public and private partners to find alternatives to help solve traffic issues at identified problem locations. We are proud to share our 2016 Traffic Crash/Safety Report. We recognize traffic safety is a key element in our community’s quality of life. Furthermore, we are encouraged that the programs we have planned for 2017 will only enhance the excellent reputation of Auburn Hills as a wonderful place to live and work. *This report was compiled using data obtained on 2/10/2017. The State of Michigan does not close the crash report system until March 31st of 2017.

4

Avondale High School science teacher wins national award

Page 1 of 1

The Oakland Press (http://www.theoaklandpress.com)

Avondale High School science teacher wins national award

By Natalie Broda, [email protected], @NatalieBroda on Twitter Monday, February 20, 2017 Vanessa Logan, a science teacher at Avondale High School, has been selected by the National Science Teachers Association to receive the Maitland P. Simmons Memorial Award for New Teachers. The awards are meant to bring awareness and recognition to the work of those in the science education field. Logan will attend the organization’s annual Awards and Recognition program in Los Angeles in March. She’s been teaching for three years and has spent one year at Avondale, according to a release. “(Teaching) always seemed like the right thing for me,” Logan said in a statement. “I love the interaction with the students and the high school environment has so many opportunities for meaningful relationships where students learn from teachers but teachers also learn from students.” Logan described her classroom methodology as choice-based. “I also like to flip the class so that students watch recorded lectures at home and then come to class for the lab and the lesson. That way we have a chance for dialog about the content and hands-on lab work,” Logan said. “She is not only a great teacher but a great person as well because of the way she teachers our class,”Avondale High School ninth-grader Paige Schuste said in a statement. “She makes sure that we have fun but at the same time it’s a serious learning environment where everyone can easily learn.” Logan commented that she was honored to win the award and looks forward to what doors it might open for her and her classroom. “Being selected means there is a lot of professional development through resources like webinars and workshops that I may not have been connected to before,” Logan said. “This is an opportunity for me to take teaching to the next level and to take my students with me.”

URL: http://www.theoaklandpress.com/general-news/20170220/avondale-high-school-science-teacher-wins-national-award

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170220/avondale-high-school-science-te... 2/21/2017

7 things to do at the Legoland Batman Movie Days

Page 1 of 1

The Oakland Press (http://www.theoaklandpress.com)

7 things to do at the Legoland Batman Movie Days

By Natalie Broda, [email protected], @NatalieBroda on Twitter Friday, February 17, 2017 During the weekends of Feb. 18-19 and Feb. 25-26, Legoland Discovery Center Michigan at Great Lakes Crossing Outlets, 4000 Baldwin Road in Auburn Hills, will transform into Gotham City to celebrate the opening of the new “The Lego Batman Movie.” Check out 7 activities taking place at the center during the Lego Batman Movie Days. • Meet Lego Batman. • Take a photo at the selfie station using #LEGOBatmanMovie. • Join a five-foot-long mosaic build based on the movie. • Snoop around on a scavenger hunt through the center to find all the villains from the movie for a chance to win a prize. • Build a superhero race car and test it out on a track. • Show up in a superhero costume for a chance to win a prize. • Be a part of a gadget build.

URL: http://www.theoaklandpress.com/general-news/20170217/7-things-to-do-at-the-legoland-batman-movie-days

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170217/7-things-to-do-at-the-legoland-b... 2/21/2017

Detroit Institute of Art to bring Inside|Out Program pieces to Oakland Co.

Page 1 of 2

The Oakland Press (http://www.theoaklandpress.com)

Detroit Institute of Art to bring Inside|Out Program pieces to Oakland Co.

By Mark Cavitt, [email protected],, @MarkCavitt on Twitter Monday, February 20, 2017 Eight Oakland County communities have been selected by the Detroit Institute of Art to display high-quality reproductions of institute masterpieces. This is all a part of the institute’s eighth annual Inside|Out Program that occurs in the spring and fall. RELATED: DIA website, Inside|Out Program Outdoor venues throughout metro Detroit are selected each year to display art in places of live, work and play. “Inside|Out is a key component of the DIA’s community engagement efforts,” said DIA spokesperson Larisa Zade. “Over the past seven years, the museum has partnered with more than 100 communities and engaged tens of thousands of residents with art.” This year, the museum will expand the number of installation sites from approximately 80 to as many as 120 per three-month season, which is more than ever before. Oakland County Spring locations

• Clawson • Farmington • Franklin • Novi Oakland County Fall locations

• Auburn Hills • Clarkston • Highland Township (participating for first time) • Troy

http://www.theoaklandpress.com/general-news/20170220/detroit-institute-of-art-to-bring-i... 2/21/2017

Detroit Institute of Art to bring Inside|Out Program pieces to Oakland Co.

Page 2 of 2

Details

The reproductions will be in 11 communities from April to July, and then in 10 other venues from August to October. Each community will have seven to 12 images clustered within walking or bike-riding distance. Exact locations are still being determined and, once finalized, will be featured on an interactive map on the DIA’s website. “Art has the powerful ability to unify, and Inside|Out allows us to bring people together outside of the museum walls,” said Salvador Salort-Pons, DIA director. “We see ourselves as more than a museum; we use art to encourage connections and improve understanding among our diverse communities.” New this year, the DIA is collaborating with the Charles H. Wright Museum of African American History to include 10 reproductions of objects from their permanent collection. This is the first time DIA has incorporated reproductions of works from another institution in Inside|Out displays.

URL: http://www.theoaklandpress.com/general-news/20170220/detroit-institute-of-art-to-bring-insideout-program-pieces-to-oakland-co

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170220/detroit-institute-of-art-to-bring-i... 2/21/2017

Five years: $340 million in construction at Oakland University

Page 1 of 2

The Oakland Press (http://www.theoaklandpress.com)

Five years: $340 million in construction at Oakland University

By Natalie Broda, [email protected], @NatalieBroda on Twitter Monday, February 20, 2017 Oakland University is planning another major construction project this year with a $7.2 million investment in parking on campus, bringing the total spent on construction at the university to $339.35 million since 2012. Here’s a look back at the last 12 projects over the past five years at Oakland University: 2012

• Human Health Building, broke ground in April of 2010, completed in September of 2012 at $62 million. At 161,000 square-feet, the five-story building includes amenities such as state-of-the-art classrooms, distance learning labs, interactive media centers and an on-site clinic and physical therapy facility. • Scharf Clubhouse opens in June of 2012 at Oakland University Golf Course at $4 million. 2014

• Engineering Building, broke ground in October of 2012 , completed in September of 2014 ar $74.6 million. The building offers 42,000 square-feet of classroom space and 34,201 square-feet of research, office and general purpose space. • Oak View Hall Student Housing, 500 bed facility completed in August of 2014 at $30 million. • Recreation complex completed in October of 2014 for $7.85 million including new turf soccer, softball fields, tennis courts, track and grandstand facilities. • Parking structure completed in August of 2014 for $24 million. • Elliott Tower, completed in September of 2014 for $6.5 million, with the bell tower standing at 151feet with 49 bells. • Golf Course Banquet Facility, completed in May of 2014 at $1.3 million.

http://www.theoaklandpress.com/general-news/20170220/five-years-340-million-in-constr... 2/21/2017

Five years: $340 million in construction at Oakland University

Page 2 of 2

2015 • Lower Fields Athletic Bubble, opened in January of 2015, for $4.9 million. 2016

• Board approves South Student Housing Project, ground broke in June of 2016 with expected completion by August of 2018 for $77 million. The project will include a 600-seat dining hall, meeting space and classrooms. • Oakland Center Renovation Project, began in April of 2017 with expected completion by August of 2018 for $44 million. 2017

Board of Trustees approves Parking Expansion Project, 660 new spaces to be added by fall of 2017, as well as a roundabout, with an investment of $7.2 million.

URL: http://www.theoaklandpress.com/general-news/20170220/five-years-340-million-in-construction-at-oakland-university

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170220/five-years-340-million-in-constr... 2/21/2017

100 Saudi educators to study leadership at Oakland University

Page 1 of 2

The Oakland Press (http://www.theoaklandpress.com)

100 Saudi educators to study leadership at Oakland University

By Natalie Broda, [email protected],, @NatalieBroda on Twitter Wednesday, February 8, 2017 Twenty-nine teachers, administrators and counselors from Saudi Arabia are settling in to spend the next six months living and learning in Oakland County as the first of three groups from that country which will participate in the Galileo-Saudi Arabia Leadership Project at Oakland University. A total of 100 education students, administration officers and more will visit the university over the next year, taking part in a three-phase project that aims to immerse the participants in the American educational process and facilitate a cultural exchange with the university during their stay. The participants will spend the first phase of the program working on English language skills as it pertains to working in a classroom, covering jargon such as “standardized testing” and “achievement gaps” and what they mean to students and schools on a day-to-day basis. The second phase of the program will see the participants choosing an inquiry project, such as how to use technology efficiently in the classroom or exploring emotional learning, which will be used to create a school transformation plan to take back to Saudi Arabia. They’ll explore this project through placement into either Avondale School District, Farmington Public Schools or Dearborn School District, being mentored, observing in classrooms and participating in district improvement efforts. During the last phase of the program, participants will compile their research into a presentation of a professional development and school transformation plan. The trip is three years in the making and is being funded by the Saudi Arabian government. The participants will receive stipends during their stay, living and studying in the area during the program. When asked how the visit will benefit members of the community at Oakland University, Suzanne Klein, assistant professor of leadership and director of the Galileo Institute for Teacher Leadership, said that the bridge of learning about leadership goes both ways. “We want to learn how to have an effective model of professional development...some of them are currently teachers, some are principals, their version of superintendents, so we’ll be able to look at our own training and we’ll learn how to be more effective,” Klein said.

http://www.theoaklandpress.com/general-news/20170208/100-saudi-educators-to-study-le...

2/13/2017

100 Saudi educators to study leadership at Oakland University

Page 2 of 2

As a part of the cultural exchange, the university began the program by offering tours around some Oakland County landmarks, like Meadow Brook Hall, located on the Oakland University campus. “I’m eager to look at how their leadership develops. We’ll be doing research cross-culturally to develop reflective thinking during the program,” Klein said.

URL: http://www.theoaklandpress.com/general-news/20170208/100-saudi-educators-to-study-leadership-at-oakland-university

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170208/100-saudi-educators-to-study-le...

2/13/2017

2 Great Lakes Crossing security guards save woman from potential suicide

Page 1 of 1

The Oakland Press (http://www.theoaklandpress.com)

2 Great Lakes Crossing security guards save woman from potential suicide

By Natalie Broda, [email protected], @NatalieBroda on Twitter Thursday, February 9, 2017 Two Great Lakes Crossing Outlets security personnel, Great Lakes Crossings Assistant Security Director Howard Piotrovsky and Security Officer Mike Smith, pulled a woman off of the freeway this week as she attempted to walk in traffic near the mall, according to a blog post from Auburn Hills Police Chief Doreen Olko. The woman was standing in the travel lanes of I-75 southbound the morning of Feb. 6 as officers rushed to the scene. The woman struggled with the guards, ending up fighting with them in a ditch, with witnesses reporting that she was screaming she “wanted to go back into traffic and die.” “These types of situations are heart rending and difficult. We know that people engaged in this type of behavior feel desperate at that moment because of whatever may be going on in their life. We also know that later, after appropriate treatment, they look back on that day and realize that their life has value and that it is possible to move on to happier days in the future,” Olko wrote in the blog post. The woman was eventually led to safety. Piotrovsky and Smith will be awarded Lifesaving Awards according to the Auburn Hills Police Department. “By their actions yesterday, Great Lakes Crossings Assistant Security Director Howard Piotrovsky and Security Officer Mike Smith gave this woman the chance to find that better future when they risked their own lives by going out on the freeway in moving traffic. At that moment it was not what she thought she wanted, but they persisted because they are decent, caring human beings trying to help,” Olko wrote.

URL: http://www.theoaklandpress.com/general-news/20170209/2-great-lakes-crossing-security-guards-save-woman-from-potential-suicide

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170209/2-great-lakes-crossing-security-...

2/10/2017

Avondale High School soccer players sign on to college teams

Page 1 of 2

The Oakland Press (http://www.theoaklandpress.com)

Avondale High School soccer players sign on to college teams

Wednesday, February 15, 2017 Avondale High School announced five soccer players who signed to play college ball and pursue their degrees at some of the state’s most competitive college soccer programs. RELATED: Read all about Avondale sports at MIPrepZone.com. The high school celebrated the success of the athletes in front of a packed crowd of parents and siblings as well as coaches and teammates during one of the many college signing days the school will host this year. Avondale School District Athletic Director Keith Gust said, “This is a great group of student athletes – very hard-working, on and off the field, very deserving of this recognition and the commitment demonstrated by the colleges.” The Athletes

Irvin Castro came to Avondale high School in the ninth grade, joined the soccer team and has been a four-year varsity starter ever since and also ran high school track. He is the son of Edward Lemus of Pontiac. Avondale High School Varsity Coach Doug Steinard called Irvin a dynamic leading goal scorer who creates scoring opportunities. He signed with Lawrence Technological University. Troy resident Kassidy Embrey, who is the daughter of Sue and Scott Embrey, played basketball and volleyball in middle school and joined soccer in the ninth grade where she won a spot on the varsity team and has played for four years. In addition, she was on the varsity swim team this year. Coach Steinard described Kassidy as tremendously skilled and technical. She signed with Northwood University. Griffin Kubert of Rochester Hills is the son of Christine and Mike Kubert. In middle school, Griffin played basketball and track. He continued in track into high school, as well as joining lacrosse and soccer. He is a two-year lacrosse player and a four-year varsity soccer starter and has been the team’s captain for two years. “Griffin is a hard worker and loved by his teammates,” said Coach Steinard. He signed with Northwood University. Katelyn Mather, who resides in Auburn Hills with her parents Jennifer and Daniel, played middle school basketball and volleyball and also ran track. In high school, she made the varsity soccer team in ninth grade and was also on the junior varsity volleyball team. Coach Steinard shared Katelyn’s

http://www.theoaklandpress.com/sports/20170215/avondale-high-school-soccer-players-si... 2/23/2017

Avondale High School soccer players sign on to college teams

Page 2 of 2

positive impact on younger players as demonstration of her leadership skills as team captain. She signed with Lawrence Technological University. Rochester Hills resident Laura Silverman is the daughter of Lisa and Rob Silverman. In middle school, Laura played volleyball and basketball before coming to the high school to play junior varsity and varsity volleyball as well as Varsity soccer. She has been on the varsity soccer team for four years where she was also the team captain. Coach Steinard called her a vocal leader on the field with a lot of passion. Silverman signed with University of Detroit Mercy. “These students represent a long list of Avondale Yellow Jackets who graduated and went on to play their sport at the college level,” Gust said. “They’ve turned their high school experience here into an opportunity to start building success in their adult lives.” –Submitted by Annette McAvoy

URL: http://www.theoaklandpress.com/sports/20170215/avondale-high-school-soccer-players-sign-on-to-college-teams

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/sports/20170215/avondale-high-school-soccer-players-si... 2/23/2017

Oakland’s January business investment tops $114M, highest since 2004

Page 1 of 3

The Oakland Press (http://www.theoaklandpress.com)

Oakland’s January business investment tops $114M, highest since 2004

By Mark Cavitt, [email protected],, @MarkCavitt on Twitter Wednesday, February 22, 2017 Oakland County’s foreign and domestic business investment is booming, community leaders are reporting. In January alone, the county topped $114 million in investment, seeing 15 companies — nine of which are foreign-based — either expand or relocate to the county. Steve Huber, marketing and communications officer for Oakland County Economic Development and Community Affairs, said January marked one of the most successful months since the county began monthly tracking of economic activity in 2004. County Executive L. Brooks Patterson noted Oakland has a skilled and trained workforce, “and those skills are easily transferrable from one industry to the next, which makes us an attractive destination for companies. “We also have clusters of businesses. Economists call it ‘cumulative causation.’ Businesses are attracted here as others succeed.” Irene Spanos, director of Oakland County Economic Development and Community Affairs, said last year’s total was $180 million among 96 companies. “Having over $100 million in January alone is amazing,” said Spanos. “The diversity of the companies both in terms of geographical and industry diversification is something that is even more encouraging. “We are working on over 150 prospects now. These are companies that are interested in expanding into Oakland County.” Top investors

Magneti Marelli Holdings, an Italian-based auto supplier, led the way for all county business investments in January. At its plant in Independence Township, the company is expanding its automotive lighting production capacity with a $35 million project.

http://www.theoaklandpress.com/general-news/20170222/oaklands-january-business-inves... 2/23/2017

Oakland’s January business investment tops $114M, highest since 2004

Page 2 of 3

“This investment enables a more powerful production platform for the lighting business supporting in the best way possible our local customers in the Michigan region,” said Pietro Gorlier, CEO of Magneti Marelli in a statement. “It reaffirms our commitment and trust in the Michigan industrial and economic system.” The expansion is expected to create more than 360 jobs over five years. Other traditional business expansions totaling more than $70 million included: • SW North America in Lyon Township with $10 million • Lucerne International in Auburn Hills with $3 million • Spot Shooter Archery in Holly, $30,000 investment • Molex North America in Rochester Hills, $22 million in investment These five traditional business expansions in total created 528 jobs and helped retain 397, Spanos said. Emerging Sector company growth Emerging Sectors is a county initiative, created in 2004, that’s related to business attraction and retention strategies to offset the loss of manufacturing jobs. In January, 10 businesses either expanded into or moved operations to Oakland County. The 10 companies are investing more than $44 million, creating 1,205 new jobs and retaining 1,129 jobs. Emerging Sectors industry categories are: • Advanced Electronics and Power Generation • Advanced Materials • Aerospace • Communications and Information Technology • Homeland Security • Medical Main Street • Robotics and Automation Emerging Sector successes in January were • Power and automation technology company ABB Inc. getting $9.1 million in investment in Auburn Hills • Yanfeng Global Automotive Interior Systems Co. Ltd., $8.4 million investment, Novi

http://www.theoaklandpress.com/general-news/20170222/oaklands-january-business-inves... 2/23/2017

Oakland’s January business investment tops $114M, highest since 2004

Page 3 of 3

• Maddog Technologies/Lenderful, $1.7 million investment, Pontiac • Valeo North America Inc. with a $5 million investment in Auburn Hills and Troy RELATED: Oakland County Impact Report, January 2017 RELATED: Oakland County Impact Report, January 2016 RELATED: International companies provide millions in economic boost for Oakland County RELATED: County’s Medical Main Street Network travels to Europe RELATED: Emerging Sectors website

URL: http://www.theoaklandpress.com/general-news/20170222/oaklands-january-business-investment-tops-114m-highest-since-2004

© 2017 The Oakland Press (http://www.theoaklandpress.com)

http://www.theoaklandpress.com/general-news/20170222/oaklands-january-business-inves... 2/23/2017