On the agenda: Auburn Hills PDF Meeting Minutes (448 Kb) — flock camera (Aug 24)

CITY OF AUBURN HILLS
REGULAR CITY COUNCIL MEETING
MINUTES
AUGUST 24, 2026
CALL TO ORDER &
Mayor Hawkins at 7:00 PM.
PLEDGE OF ALLEGIANCE:
LOCATION:
Council Chamber, 1827 N. Squirrel Road, Auburn Hills MI
ROLL CALL:
Present: Council Members Ferguson, Fletcher, Hawkins, Knight, Marzolf, and Verbeke
Absent: Council Member Moniz
Also Present: City Manager Tanghe, Assistant City Manager Skopek, City Attorney
Kelly, City Clerk Pierce, Chief of Police Gagon, Fire Chief Robinson, Director of
Community Development Cohen, Department of Public Works Director Baldante,
Manager of Fleet & Roads Hefner, Economic Development Mgr Carroll, Director of
Senior Services Monroy Krieg, Assistant to the City Manager Hagge, Engineer
Driesenga
14 Guests
4.
APPROVAL OF MINUTES
4a.
City Council Workshop Minutes, August 10, 2026
Moved by Knight, Seconded by Fletcher.
RESOLVED:
To approve the City Council Workshop Minutes of August 10, 2026.
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke
No:
None
Resolution No. 26.08.121
Motion Carried (6 - 0)
4b.
City Council Regular Meeting Minutes, August 10, 2026
Moved by Knight, Seconded by Marzolf.
RESOLVED:
To approve the City Council Regular Meeting Minutes of August 10, 2026.
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke
No:
None
Resolution No. 26.08.122
Motion Carried (6 - 0)
5.

APPOINTMENTS AND PRESENTATIONS

6.
PUBLIC COMMENT
Mr. Daniel Carpenter of Auburn Hills spoke on the topic of flock cameras.
Ms. Julianne Bossert of Auburn Hills spoke on the topic of data centers.
7.
7a.

7b.

CONSENT AGENDA
Board and Commission Minutes
7a1.
Tax Increment Finance Authority, July 21, 2026
7a2.
Planning Commission Minutes, August 12, 2026
RESOLVED: To receive and file the Board and Commission Minutes.
Motion – To approve the 2026 Used Car Lot License for Newcomb’s Auto Sales.

City Council Minutes – August 24, 2026
Page 2

7c.
7d.

7e.

7f.

RESOLVED: To approve the Used Car Lot License for the 2026 licensing period for Newcomb’s Auto
Sales, 3123 Lapeer.
Motion – To amend the 2026 General Fund Senior Services Department.
RESOLVED: To amend the General Fund Senior Services department, increasing appropriations by
$14,510 and increasing revenue by $14,510.
Motion – To approve budget amendments for the Giddings Road and Taylor Road Intersection
Improvements.
RESOLVED: To amend the 2026 Major Road fund increasing both revenue and appropriations by
$1,324,890 for all costs and expected funding for the Giddings Road/Taylor Road intersection
improvements as described in the staff recommendation.
Motion – To approve the purchase of a Weiler P395 Asphalt Paver.
RESOLVED: To approve the purchase an Weiler P395 for $335,869.84 from Michigan CAT of Shelby
Township, MI under the MiDEAL contract. Staff also recommend amending the 2026 budget by
$175,869.84 to 661-594-977.000.
Motion – To approve the purchase of a new Singer Pressure Reducing Valve for the Palace PRV.
RESOLVED: To approve the purchase of a new Singer Pressure Reducing Valve for the Palace PRV in
the amount of $23,384.

Moved by Verbeke, Seconded by Fletcher.
RESOLVED:
To approve the Consent Agenda.
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke
No:
None
Resolution No. 26.08.123
8.

Motion Carried (6 - 0)

UNFINISHED BUSINESS

9.
9a.

NEW BUSINESS
Public Hearing / Motion – Adopt an Ordinance to amend Chapter 54. Solid Waste; to repeal Article II.
Garbage and Refuse, of the Auburn Hills City Code and replace it with a new Article II. Solid Waste,
Recyclable Materials, and Designated Waste Hauler Collection Regulation on Second Reading.
Mr. Cohen presented the amendments to Chapter 54 to support the transition of an automated residential
waste collection system.
Dr. Fletcher sought clarification regarding the number of carts a resident could have at their residence. Mr.
Baldante shared that he would see if there were any limits
Mayor Hawkins opened the Public Hearing at 7:13 PM.
Mr. Phil Cunningham of Auburn Hills asked if he could use his current automated waste collection can or if he
would need a new one. Mr. Baldante stated that only Waste Management carts were allowed to be used and
that a free 95 gallon can would be provided along with a cart for recycled items.
The Mayor closed the Public Hearing at 7:15 PM.
Moved by Verbeke, Seconded by Fletcher.

City Council Minutes – August 24, 2026
Page 3

RESOLVED:
To adopt an Ordinance amending Chapter 54. Solid Waste; repealing Article II,
Garbage and Refuse, of the Auburn Hills City Code; and replacing it with a new Article II. Solid Waste,
Recyclable Materials, and Designated Waste Hauler Collection Regulation, on Second Reading. It
shall be known as Ordinance No. 26-952. (Attachment A)
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke
No:
None
Resolution No. 26.08.124
Motion Carried (6 - 0)
9b.

Motion – To amend the text of Article XII. T&R, Technology and Research Districts; Article XIII. I-1, Light
Industrial Districts; Article XIV. I-2, General Industrial Districts; and Article XVIII, General Provisions of
the Zoning Ordinance, to address new provisions for clean industrial uses and establish comprehensive
standards for data centers.
Mr. Cohen presented the amendments to Article XII regarding the T&R Districts. He provided an overview of
the process with US Signal and how the industry has changed. He shared that the city has had discussions with
DTE and have researched how other municipalities across the county plan to regulate data center
development. Based on this information, there is a necessity to address new provisions for clean industrial
uses and to establish comprehensive standards for data centers. Mr. Cohen shared that the Planning
Commission held a Public Hearing on August 12, 2026 and recommended approval of the amendments.
Mr. Cohen further explained that the ordinance does not take away the right of a business to have an accessory
data center. However, a business could add an accessory data center based on their project and their zoning
allowances. It was added that the Michigan Zoning Enabling Act prohibits municipalities from banning any legal
use of property under the zoning act. The city has the ability to regulate land use based on the health, safety
and welfare of residents and appropriate use of utilities; data centers are not an exception.
Mr. Marzolf commented that he appreciates the work that has gone into the amendment. He shared his
concern with the PUD option and that it allows the ability to have more locations other than the six sites that
have been identified to have a data center. Mr. Cohen responded that the PUD allows for the accommodation
of a smaller data center that doesn’t impact surrounding properties. The amendment addresses the larger
scale data centers that may be requested in the future of which the Special Land Use permitting process is still
required.
Mr. Daniel Carpenter of Auburn Hills spoke regarding the data centers putting too much burden on the grid.
Ms. Julianne Bossert of Auburn Hills shared her appreciation for the work that went into this topic however,
she also shared her concern for the promises that come from DTE.
Mr. Paul Borucki of Auburn Hills sought clarification regarding the protection of the residents if the data center
is obsolete in three years, and the topic of abandonment costs. Mr. Cohen responded by sharing that any
decommissioning concerns will be addressed in the development agreement.
Mr. Tom Rapp of Auburn Hills questioned the action taking place in Rochester Hills regarding data centers. He
also suggested that the city takes more time to decide the full impact on the community concerning this issue.
Mr. Knight commented on the importance of having control over the issue. This allows there to be a starting
point for any future data centers.

City Council Minutes – August 24, 2026
Page 4

Moved by Knight, Seconded by Marzolf.
RESOLVED:
To accept the Planning Commission’s recommendation and approve the enclosed
text amendment to Article XII. T&R, Technology and Research Districts; Article XIII. I-1, Light
Industrial Districts; Article XIV. I-2, General Industrial Districts; and Article XVIII, General Provisions
of the Zoning Ordinance, to address new provisions for clean industrial uses and to establish
comprehensive standards for data centers. In addition, amend Section 1200. Principal Use Permitted
in Article XII. T&R, Technology and Research Districts to add “municipal buildings and uses”. The
amendment shall be referenced as Ordinance No. 26-951. (Attachment B)
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke
No:
None
Resolution No. 26.08.125
Motion Carried (6 - 0)
10.
COMMENTS AND MOTIONS FROM COUNCIL
Mr. Knight shared a resident’s concern regarding cable company workers notifying residents when there is
work taking place on their streets. The residents would like to be notified. Mr. Knight also sought information
on the functionality of the Den. Mr. Tanghe shared that the projected timeframe of completion should be
close to November. Mr. Knight also commented that he also would like to see lights near the Knight
Amphitheater so that the space can be utilized longer. Mr. Tanghe stated that lights will be incorporated in
the 2027 budget. Mr. Knight finished with sharing that he is pleased with the work taking place on the pathway.
Ms. Verbeke commented on Mr. Knight’s concerns about cable company workers. She stated she did receive
communication that people would be working nearby.
Dr. Fletcher also received information regarding workers being nearby and it could take up to 4 weeks to
complete the work.
Mr. Ferguson commented on the older pathways and said that some of the areas will be repaired soon.
Mr. Marzolf wished all the students his best with the new school year. He thanked Chief Gagnon for the
National Night Out event. He asked for an update on the Riverwalk. Mr. Baldante said the work is coming
along nicely, and the bridge will be built in a few weeks, with completion near the end of the year.
Mayor Hawkins thanked the residents for speaking on the data centers. He understands it is a controversial
issue. He thanked Mr. Cohen for all the preparation on data centers and his diligence, preparation and care
for the city.
11.
12.
13.
13a.

CITY ATTORNEY REPORT
CITY MANAGER REPORT

CLOSED SESSION
Motion – To meet in closed session to discuss property acquisition pursuant to MCL 268(1)(d) of the
Open Meetings Act.
Moved by Ferguson, Seconded by Verbeke.
RESOLVED:
To meet in closed session to discuss property acquisition pursuant to MCL
15.268(1)(d) of the Open Meetings Act.

City Council Minutes – August 24, 2026
Page 5

VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke
No:
None
Resolution No. 26.08.126

Motion Carried (6 - 0)

The meeting recessed to Closed Session at 8:03 PM.
The meeting reconvened in Open Session at 8:38 PM.
Council Member Verbeke left the Closed Session at 8:30 PM.
Moved by Fletcher, Seconded by Marzolf.
RESOLVED:
To adopt the resolution titled “Resolution of Necessity and Authorization to
Commence Eminent Domain Proceedings”, and authorize the Mayor and City Clerk to sign the
Resolution on behalf of the city. (Attachment C)
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf
No:
None
Resolution No. 26.08.127
Motion Carried (5 - 0)
14.
ADJOURNMENT
Moved by Fletcher, Seconded by Marzolf.
RESOLVED:
To adjourn the meeting.
VOTE: Yes:
Ferguson, Fletcher, Hawkins, Knight, Marzolf
No:
None
Resolution No. 26.08.128

Motion Carried (5 - 0)

The meeting adjourned at 8:39 PM.

Eugene Hawkins III, Mayor

Laura M. Pierce, City Clerk

City Council Minutes – August 24, 2026
Page 6

ATTACHMENT A
CITY OF AUBURN HILLS
ORDINANCE NO. 26-952
AN ORDINANCE TO AMEND CHAPTER 54. SOLID WASTE TO REPEAL ARTICLE II.
GARBAGE AND REFUSE OF THE AUBURN HILLS CITY CODE AND REPLACE IT WITH A
NEW ARTICLE II. SOLID WASTE, RECYCLABLE MATERIALS, AND DESIGNATED WASTE
HAULER COLLECTION REGULATION
THE CITY OF AUBURN HILLS ORDAINS:
SECTION 1. Title.
This Ordinance shall be known and cited as the City of Auburn Hills "Solid Waste, Recyclable Materials, and
Designated Waste Hauler Collection Regulation Ordinance", and it shall be sufficient in any action for
enforcement of the provisions hereof to define the same by such short title or by reference to the number
hereof.
SECTION 2. Purpose.
The purpose of this Ordinance shall be:
(a)
To further secure and protect the general welfare and safety of the citizens and others within the
City of Auburn Hills;
(b)
To promote recycling and composting as desirable alternatives to the disposal of solid wastes
in
landfills or by incineration;
(c)
To regulate the business of solid waste collection within the City of Auburn Hills;
(d)
To enact rules and regulations for the conduct of such business;
(e)
To establish a Designated Waste Hauler for specified generation sites;
(f)
To establish and allow for a Designated Waste Hauler Contract that provides for the terms and
conditions for the collection of solid waste and recyclables by the Designated Waste Hauler.
(g)
To provide for licenses and fees; and
(h)
To establish penalties for the violation of the provisions.
This Ordinance shall not apply to or regulate disposal areas as set forth in Article III.
SECTION 3. Definitions.
Collection Vehicle - any vehicle specifically designed for and used for the collection of solid waste or recyclable
materials.
Commercial - any business establishment or office, regardless of zoning district, which provides for the sale of
goods and/or services to customers.

City Council Minutes – August 24, 2026
Page 7

Compostables - means yard clippings and residential compostables. Residential compostables means organic
fruit and vegetable material which is produced incidental to the preparation of food for human consumption
in residential structures.
Designated Waste Hauler - means any person or entity awarded a contract as the City’s Designated Waste
Hauler to engage in the business of collecting solid waste, recyclable materials, compostables and yard
clippings from specific generation sites within the City for hauling, transporting or disposing of such materials.
Designated Waste Hauler Contract - an Agreement between the City and a Waste Hauler that has been
approved by the City Council, signed by both parties and covering the applicable dates.
Disposal Areas - means a refuse transfer facility, incinerator, sanitary landfill, refuse processing plant, material
recovery facility or any other refuse handling or disposal facility utilized in the disposal of refuse.
Garbage - rejected food wastes including waste accumulation of animal, fruit, or vegetable matter used or
intended for food or that attends the preparation, use, cooking, dealing in, or storing of meat, fowl, fruit, or
vegetable.
Industrial - any business establishment, regardless of zoning district, which provides for the production or
manufacture of goods or raw material or component parts.
Litter - means all rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris or
other foreign substances of every kind and description.
Multiple-Family - any residential development which provides for more than one family on a single parcel of
land.
Multi-Family Generation Site - as set forth in the Designated Waste Hauler Contract, certain multi-family
generation sites, including certain duplex, triplex, fourplex, and townhouse or condominium residential units
will be covered by Designated Waste Hauler curbside collection system. Such multi-family generation sites will
be defined or set forth in the Designated Waste Hauler Contract.
Recyclables - selected items that are authorized to be picked up to be recycled. Recyclable materials means
source-separated materials, site-separated materials, high grade paper, glass, metal, plastic, aluminum,
newspaper, corrugated paper, yard clippings and other material deemed to be recyclable materials by duly
adopted resolution of the City Council. These shall include, but need not be limited to, clear glass containers,
metal food cans and lids, aluminum, newspaper, flat and corrugated cardboard (up to 3' x 3', bundled), plastic
containers with recycling codes.
Rubbish - means nonputrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste including paper, cardboard, metal containers, yard clippings, wood, glass bedding, crockery,
demolished building materials, or litter of any kind that may be a detriment to the public health and safety.
Single - Family Generation Site - any single-family dwelling unit that is not attached to any other dwelling unit
by any means.
Solid Waste - garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and
industrial sludges, and solid commercial and solid industrial waste, animal waste; but does not include human

City Council Minutes – August 24, 2026
Page 8

body waste, liquid or other waste regulated by Michigan statute, ferrous or nonferrous scrap directed to a
scrap metal processor or to a reuser of ferrous or non-ferrous products.
Yard Clippings - means leaves, grass clippings, vegetables or other garden debris, shrubbery, brush or tree
trimmings less than four feet in length and two inches in diameter, that can be converted to compost humus.
This term does not include stumps, agricultural wastes, animal waste, roots, sewage, sludge or garbage.
SECTION 4. License Required and Applicable Fees of all Non-Designated Waste Haulers.
Section 4 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the
Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with
the City. Section 4 applies to solid waste and recyclable collection businesses within the City, other than the
City’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.
(a)
A person, firm, or corporation shall not engage in or carry on the business of solid waste collection
within the City of Auburn Hills without first having obtained the necessary
licenses from the City Council
as hereinafter provided.
(b)
A license fee in the amount of One Hundred Dollars ($100) for each collection vehicle to be used by
the licensee in connection with said business within the City of Auburn Hills
shall be paid to the City
Treasurer at the time application is made for an original license. The fee for renewal of a license previously
issued shall be Fifty Dollars ($50) if paid before March 15. The fee to renew a license after March 15 but
before expiration of the present
license shall be Seventy-Five Dollars ($75). After March 31, license fees
for such vehicle
shall be the same as if the vehicle was previously unlicensed.
(c)
Fifty percent (50%) of such fee shall be refunded should the original license or the renewal
license not be granted, unless the reason for not granting a license is due to the vehicle failing
inspection.
(d)
Such fee shall not be refunded should the original license or renewal license be revoked.
SECTION 5. Application Process.
Section 5 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the
Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with
the City. Section 5 applies to solid waste and recyclable collection businesses within the City, other than the
City’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.
(a)
contain

Applications for licenses to engage in the business of solid waste collection, other than the
designated waste hauler, within the City of Auburn Hills shall be made to the City Clerk, and
shall

(1)
The full name, address, and telephone number of the applicant;
(2)
An indication of whether the applicant is a person, partnership, or corporation;
(3)
A complete description of every collection vehicle and other equipment to be used
in the conduct of the solid waste collection business. The description shall include
minimum:
a.
The vehicle identification number provided by the vehicle manufacturer.
b.
The current Michigan license plate number. (This information shall be kept
current by the applicant.)
c.
Proof of insurance as required by Michigan Law.

at a

City Council Minutes – August 24, 2026
Page 9

d.
A certificate of liability insurance in the minimum amount as shall be
established from time to time by the City Council.
(4)
Such other information as may be required by the City Clerk to reasonably apprise
the City Council of the character of the applicant and of the nature of the business
to be carried on.
(b)
Applications for initial licenses shall be referred to Auburn Hills Police Department for investigation
and recommendation. This investigation and recommendation shall be completed within one (1) month of
receipt of the information. The vehicle(s) shall meet
the requirements of Section 9 (A).
(c)
The application shall then be presented to the City Council at its next regularly scheduled
meeting. The applicant shall have the right to appear before the Council and to furnish such
additional information as may be required to enable the Council to determine whether or
not
the
license should be granted.
(d)
The City Council may continue consideration of the application from meeting to meeting
for
the
purpose of securing additional information or to afford any citizen of the City an
opportunity
to
be heard in connection with the issuance of a license. Such continuation
shall not be used to
unreasonably deny the applicant the right to do business in the City
of Auburn Hills.
(e)
The City Council shall have the authority to refuse to grant any application for any just cause,
or
when, in its judgment, the public health, safety, and welfare of the inhabitants of
the City so require. In
any action to refuse to grant a license, the Council shall set forth
the specific reason or reasons.
(f)
Licenses that are issued shall be in such form as shall be prescribed by the Council. Each and
every
license shall expire on the thirty-first (31st) day of March following the issuance of the original license or the
renewal license.
(g)
The City, through the Clerk's Office, shall notify the licensee in writing by April 1 on an annual basis
of the disposition of the license to do business and shall furnish stickers for
each approved vehicle.
(h)
The permit stickers shall be displayed in the lower right corner (passenger side) of the windshield
upon the licensed collection vehicle or other equipment.

SECTION 6. Renewal of License.
Section 6 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the
Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with
the City. Section 6 applies to solid waste and recyclable collection businesses within the City, other than the
City’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.
A license shall be renewed by the City Clerk on an annual basis, subject to the following requirements:
(a)
The licensee shall pay to the City Treasurer the required fees on or before the fifteenth (15th) day of
March each year it seeks a license renewal.
(b)
The licensee shall file with the City Clerk the required list of vehicles, vehicle identification
numbers, license plate numbers, proof of liability insurance, and the vehicle certificates of
insurance on or before the fifteenth (15th) day of March each year it seeks a license
renewal.
(c)
All vehicles shall meet the requirements of Section 9 (A). During the year, trash-hauling vehicles shall
be subject at any time to random inspection by the Auburn Hills Police Department during the course of
doing business in the City of Auburn Hills.

City Council Minutes – August 24, 2026
Page 10

(d)
A quarterly report of random inspections and violations may be provided by the OCSD to
the
City Council.
(e)
A vehicle which fails an inspection because of safety violations shall not be used for trash
collection in the City of Auburn Hills until noted deficiencies are corrected and repairs are
made and certified as completed by a licensed mechanic.
(f)
If the licensee fails to pay the required fees, and provide the necessary information, by the
thirty-first (31st) day of March each year that it seeks a license renewal, any request for a
license thereafter shall be considered a new license, requiring a new application and
hearing
before the City Council.
SECTION 7. Temporary Transfer of License.
Section 7 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the
Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with
the City. Section 7 applies to solid waste and recyclable collection businesses within the City, other than the
City’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units.
(a)
Licenses issued by the City of Auburn Hills may be temporarily transferred to another collection
vehicle in an emergency situation, provided:
(1)
The originally licensed collection vehicle cannot practically be used for solid waste
collection because of a mechanical failure or some other malfunction of the
equipment.
(2)
The licensee shall apply to the City Clerk for a temporary transfer of said license
stating the reason(s) for the transfer and the length of time required for the transfer.
(3)
The vehicle to which the license is to be transferred shall be inspected by the
Auburn Hills Police Department and shall meet all the requirements of Section 9
(A).
(b)
The City Clerk may temporarily transfer the license, upon the licensee meeting the stated
requirements.
(c)
The temporary transfer shall be in the form of a certified letter indicating the name, address,
and
telephone number of the licensee; the Michigan license plate number of the vehicle to which the temporary
transfer is applicable; and the termination date of the temporary
transfer.
(d)
This temporary license transfer letter is to be carried in the vehicle at all times and shall be
presented when requested by any authorized person.
(e)
A temporary transfer shall last no longer than three (3) weeks.
SECTION 8. Revocation of License.
Section 8 does not apply to the Designated Waste Hauler. The license, application, renewal and transfer of the
Designated Waste Hauler will be addressed and enforced through the Designated Waste Hauler contract with
the City. Section 8 applies to solid waste and recyclable collection businesses within the City, other than the
City’s Designated Waste Hauler; primarily serving multiple family units, industrial and commercial units. The
revocation of the Designated Waste Hauler license will be addressed in the Designated Waste Hauler Contract.
(a)

Any license issued hereunder may be revoked by the City Council for any of the following
reasons:
(1)
Any false statement made in the application.
(2)
Failure to comply with the provisions of this Ordinance.
(3)
Failure to comply with the terms and conditions of the license.

City Council Minutes – August 24, 2026
Page 11

(4)
Failure to comply with the laws of the State of Michigan.
(5)
Other just and substantiated cause.
(b)
Before any license shall be revoked, written notice shall be given to the licensee by certified
mail
by the City Clerk. The notice shall state the time, date, and place the licensee is to
appear
for
a
hearing before the City Council.
(c)
The licensee may make whatever presentation he wishes and may produce witnesses in his
behalf.
(d)
Following the hearing, the City Council shall make a finding of fact and shall render its decision.
(e)
If the decision is to revoke the license, the City Council shall establish the date of
revocation
and cause a copy of its order to be served upon the licensee either in person or by certified mail.
(f)
Upon service of the Council's order with the revocation of license date indicated, the
licensee shall
have no further right to engage in the waste collection business in the City
of Auburn Hills.
(g)
If the City Council, for whatever reason, decides not to renew or deny the license of any
waste collection licensee, then the Council shall so notify the licensee by certified mail. The licensee
shall be entitled to a hearing before the Council as outlined in this Section, if
he requests it in writing to
the City Clerk within ten (10) days of the notice of revocation.
SECTION 9. Collection Licensee Requirements, Including Designated Waste Hauler.
(a)

Vehicles.
(1)
Any collection vehicle used for the transportation of solid waste or recyclable
materials within the City shall be water-tight, and equipped with covers over that
portion of the vehicle that is used for the transportation of solid waste or recyclable
materials.
a.
Inspection of Collection Vehicles. A Waste Hauler shall, upon request,
permit the inspection of collection vehicles by the City or its designee, as
those items relate to safe and proper equipment, including, but not limited
to, lights, brakes, tires and exhaust for compliance with existing state law
and local ordinance.
(2)
Any such vehicle shall also be in good working order so as not to constitute a
nuisance or a hazard to other traffic on the roads within the City. The items to be in
good working
order include, but are not limited to, the tires, lights, horn, brakes, exhaust system,
and steering system.
(3)
Any licensed vehicle, in addition to displaying the City sticker or plate, shall also
display in a conspicuous place the licensee's name, address, and telephone number,
that the vehicle can be readily identified.
(b)
Fee Schedule.
(1)
Each licensee shall file with the City a complete schedule of fees and charges to be
made to customers for service. The Designated Waste Hauler shall satisfy this
requirement by way of an approved contract with the City.
(2)
A licensee shall not depart from its filed or contracted for fees and charges in the
operation of its business within the City.
(3)
Except as set forth in the designated Waste Hauler Contract, any change in the fees
or charges shall be filed with the City Clerk and mailed or hand delivered to each
customer at least thirty (30) days before the changed fees are to become effective.
(c)
Pick-Up Schedules and Areas, unless Specified in the Designated Waste Hauler Contract.
(1)
Each licensee shall file with the City Clerk a complete schedule of the days and the
areas that pickup from customers are to be made.

so

City Council Minutes – August 24, 2026
Page 12

(2)
A licensee shall not depart from its filed schedule of days and areas for conducting
a solid waste and recyclable materials collection business within the City unless
thirty (30) days written notice has been filed with the City Clerk and mailed or hand
delivered to each customer.
(3)
Exceptions to the above requirements will be allowed only in case of an emergency
situation. Such a situation shall be that which constitutes a potential health hazard
because conditions not directly within the control of the licensee, such as, but not
limited to, weather conditions, acts of God, and vehicle breakdowns which could
not have been prevented. Such exceptions shall be decided by the City Clerk.
(d)
Pick-Up Prohibitions.
A licensee shall not drive or cause to be driven any of his vehicles over or through any street in the
City of Auburn Hills at any time on any Sunday or on New Year's Day,
Memorial Day, the Fourth of July,
Labor Day, Thanksgiving Day, or Christmas Day, unless otherwise authorized by the City or provided for in the
Designated Waste Hauler Contract.
(1)
Domestic solid waste, recyclable materials and yard clippings shall be collected
within the City from the curbside of residential sites of generation only between
the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday.
(2)
Commercial and industrial solid waste, recyclable materials, compostables, and
yard clippings shall be collected within the City from commercial and industrial
sites
of generation only between the hours of 7:00 a.m. and 7:00 p.m., Monday
through
Saturday.
(e)
Non-Discrimination.
Service shall be offered by the licensee to any and all customers, without
discrimination, who
request such service and are willing to pay the established fees and
charges.
Section 10 – Curbside / Roadside Recycling, Including Designated Waste Hauler.
(a)
Every person, firm or corporation engaged in the business of solid waste collection within
the
City of Auburn Hills shall provide curbside/roadside recycling to each single-family
and multiple-family
residence from which they also collect solid waste, at no additional
cost. Unless as otherwise stated in
the Designated Waste Hauler Contract, the following applies:
(1)
Recyclables shall be picked up weekly, and on the same day of the week as the
solid waste collection of that week.
(2)
The solid waste hauler shall provide appropriate containers for recyclables to its
own customers.
a.
Single-family and applicable multi-family residences, including mobile
homes, shall each be provided with suitable containers for small
recyclables. Large or bulky recyclables will be placed near the recycling
container for pick-up.
b.
Large multiple-family residences shall be provided with separate
receptacles for solid waste and recyclable materials so long as said
residences are compliant with the screening requirements established in
Section 1825 of the Auburn Hills Zoning Ordinance and Section 11(B)
below.
(3)
Recyclables separated by residents shall not be disposed of into trash hauling
vehicles by trash hauling personnel. A separate vehicle shall be used to collect
recyclables.

City Council Minutes – August 24, 2026
Page 13

(b)
The progress of the City's recycling effort shall be monitored by the City of Auburn Hills. The City of
Auburn Hills may require periodic reports of the trash haulers to assist in their efforts to promote recycling
in the City.
Section 11 – Customer Requirements.
(A)

Single-Family Customers.
(1)
Each customer of a licensed solid waste, recyclable materials, compostables and
yard clippings collector within the City of Auburn Hills shall comply with the
following requirements:
(a)
Containers. Containers for garbage, rubbish, and refuse (outside residential and
nonresidential properties), including covering of containers, shall comply with the
terms of the Designated Waste Hauler Contract
(b)
Accumulation. Garbage shall not be allowed to accumulate more than ten
days.
(2)
Standing for collection. Refuse, including garbage, may be placed at the place for collection,
the evening before the collection, in containers compliant with the Designated Waste Hauler
Contract, but shall not be left standing in such location for more than 24 hours from the
scheduled pick up.
(3)
After pick-up, all empty containers shall be removed from the street promptly, but not later
than 8:00 p.m., on the day of collection.
(4)
All single-family generation sites are required to have their solid waste, recyclable
materials, compostables and yard clippings picked-up by the Designated Waste
Hauler under the terms, conditions and costs set forth in the Designated Waste
Hauler Contract.
(B)
Multiple-Family, Commercial, Industrial.
(1)
Multiple Family, commercial and industrial properties must comply with the
specifications set forth in the Auburn Hills Zoning Ordinance, as may be amended
from
time to time.
SECTION 12. DESIGNATED WASTE HAULER COLLECTION PROGRAM.
(a)
Collection and disposal of solid waste and recyclable materials by the City's Designated Waste
Hauler. Commencing on the date set forth in the Designated Waste Hauler
contract, collection and
disposal of solid waste, yard clippings, compostables and
recyclable materials from single-family
generation sites shall be in accordance with the Designated Waste Hauler Contract and the following
provisions:
(1)
No person shall dispose of any solid waste or recyclable materials (excluding yard
clippings removed by landscapers) generated from single-family generation sites
within the City other than by means of the Designated Waste Hauler contracted
by
the City for such purpose.
(2)
As further directed in the Designated Waste Hauler Contract, the Designated
Waste Hauler shall deliver solid waste to a facility authorized under Act 451, as
amended, recyclables to a recycling facility and all other collection as directed in
the Designated Waste Hauler Contract.
(3)
No person except the Designated Waste Hauler shall engage in the business of
collection, transporting, delivery or disposal of solid waste or recyclable materials
generated by single-family generation sites within the City.

City Council Minutes – August 24, 2026
Page 14

(4)
The Designated Waste Hauler shall comply with Act 451 and all applicable
federal, state and county laws, local ordinances, and rules and regulations in the
collection, transportation and delivery of solid waste and recyclable materials.
(5)
No person shall knowingly place hazardous waste at curbside or other designated
locations for collection, and the Designated Waste Hauler shall not knowingly
collect or deliver hazardous waste to a processing or disposal site.
(6)
The provisions of Section 12 shall not prohibit the placement of solid waste, yard
clippings or recyclable materials for collection by a person or company other than
the Designated Waste Hauler if such person or company is operating under an
active license of the City and is providing collection services pursuant to a
collection contract existing prior to the enactment of the Designated Waste Hauler
contract, between such person and the owner and occupant of a single-family
generation site. Section 12 shall apply to such person or company upon expiration
of
the contract or license, whichever comes first.
(b)
Rates, charges, and payments for Designated Waste Hauler Collection program: The
Designated
Waste Hauler shall charge fees for collection and disposal of waste and shall
bill for such services in
accordance with the following; unless provided otherwise in the
Designated Waste Hauler Contract.
(1)
The Designated Waste Hauler shall charge fees for collection and disposal of
waste placed for collection as set forth in the contract between the Designated
Waste Hauler and the City.
(2)
Unless specified otherwise in the Designated Waste Hauler Contract, the
Designated Waste Hauler shall send a quarterly invoice, in advance, to each
single-family generation site for which services are provided in the City. Such
invoice shall represent charges for services to be rendered in the following
quarter.
(3)
Unless otherwise specified in the Designated Waste Hauler Contract, the invoice
shall be delivered by regular mail at least two weeks prior to the beginning of the
quarter for which charges are imposed.
(4)
If the invoice is not paid within 90 days after the due date, it shall be considered
delinquent and a penalty set by the City Council or as otherwise specified in the
designated Waste Hauler Contract shall be added to the amount due.
a.
If provided in the Designated Waste Hauler Contract, the charges for collection and
disposal fees relating to services to single-family generation sites by the Designated
Waste Hauler shall constitute a lien on the single-family generation site for which the
services have been provided. Any charges and penalties delinquent for three months
or more shall be certified annually by the City official in charge of collection to the tax
assessing officer of the City to be entered upon the next tax roll against the singlefamily generation site for which the services have been rendered, and the charges and
penalties shall be collected as part of the general City taxes against such single-family
generation site and shall accrue further interest and penalties and shall be collected in
the same manner as provided for delinquent real property taxes in the City. If not
provided for in the Designated Waste Hauler Contract, the Designated Waste Hauler
shall be responsible to collect all fees and the City will have no obligation to collect any
fee or delinquent payment by tax lien or otherwise.
(c)
If any term, provision or condition is not covered by this Ordinance, the Designated
Waste
Hauler Contract shall control and the City retains the right to amend, modify or change any term or condition
provided in the Contract upon renewal, agreement of the
parties or selection of a new Designated
Waste Hauler.

City Council Minutes – August 24, 2026
Page 15

SECTION 13. Penalties.
(a)
Penalty. Any person, business engaging in solid waste collection for multiple family units
or
commercial units, or a Designated Waste Hauler, who violates any provision of this
Ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall
be subject to a fine of at least TwentyFive Dollars ($25) and not more than Five Hundred
Dollars ($500) and the costs of prosecution. A
separate offense shall be deemed committed for each violation and for each day a violation continues.
(b)
Violations Declared Nuisance. Any storage or disposal of garbage, rubbish, solid waste and/or
recyclables in violation of the provisions of this ordinance is hereby declared to be
a nuisance per se.
(Ord. No. 796, § 1, 2-5-07; Ord. No. 11-838, § 1, 9-12-11; Ord. No.
11-839, § 7, 12-20-11)
(1)
A person who owns, manages, leases, rents, or occupies a premises shall not
create, maintain, operate, or permit to be created, maintained, or operated any
nuisance as defined in this article. All persons who own, manage, lease, rent or
occupy any premises shall be equally responsible for keeping the premises in a
clean and habitable condition and shall take all necessary precautions to prevent
any nuisance, as defined in this article, from existing on the premises. Each day a
violation occurs or continues is deemed a separate offense. (Ord. No. 796, § 1, 25-07)
(2)
Notice to Abate. Upon observing a violation of the provisions of this article, an
enforcement officer may issue a notice to abate to the occupant and property owner
as
shown on the records maintained by Oakland County. The notice to abate shall
be served on
the occupant and the property owner by first class mail and posted in
a conspicuous location,
where possible, upon the property at issue. Failure to
receive such notice is not a defense to
any action by the city to abate the violation,
collect abatement costs, collect administrative costs,
or impose penalties authorized
by this Code.
(3)
The notice to abate shall inform the owner and occupant of the following:
a.
The nature of the violation;
b.
The time frame within which the owner and/or occupant shall abate the
violation, being not more than ten days from the date of the notice for
violations related to the storage of refuse and 24 hours from the date of
notice for violations related to standing for collection. The enforcement
officer may grant additional time where bona fide efforts to abate the
violation are in progress.
c.
If the owner or occupant fails to abate the violation, the enforcement
officer may issue a municipal civil infraction citation.
d.
The city may act to abate the violation, if it is not abated by the owner or
occupant;
e.
The cost of abatement by the city, plus an administrative fee, shall be a
personal debt of the owner which may be assessed as a tax lien against the
property until paid. (Ord. No. 796, § 1, 2-5-07)
(4)
Emergency Abatement by City. When, in the opinion of the city manager, there is
actual and immediate danger to the public or occupants of a premises caused by a
violation on the premises, the city manager may, without any notice or hearing,
order and require any reasonable action to abate the violation. (Ord. No. 796, § 1,
2-5-07)

City Council Minutes – August 24, 2026
Page 16

(5)
Penalty for Violation. A person who violates the provisions of this article, as
amended, may be fined for a municipal civil infraction, subject to the following
penalties:
a.
Civil fines shall apply in the event of a determination of responsibility for
a municipal civil infraction. Fines shall be in an amount set forth for the
offense in the Schedule of Fines adopted by the 52-3 District Court, plus
costs and other sanctions, for each offense.
b.
In addition to ordering the defendant determined to be responsible for a
municipal civil infraction to pay a civil fine, costs, damages and expenses,
the judge or magistrate may issue any judgment, writ or order necessary to
enforce, or enjoin said violation.
c.
Each act of violation, and on each day upon which any such violation shall
occur, shall constitute a separate offense.
d.
In addition to any remedies provided for by this article, any equitable or
other remedies available and/or permitted by law may be sought.
e.
The judge or magistrate may impose costs, damages, and expenses as
provided by law.
f.
A municipal civil infraction shall not be a lesser included offense of a
criminal offense or of an Auburn Hills City Code or other city ordinance
violation which is not a civil infraction. (Ord. No. 796, § 1, 2-5-07)
(6)
Abatement by City; Lien. If the notice to abate is not complied with in the allotted
time period, then an agent authorized by the city manager or by an order of the
52-3
District Court may enter the property as many times as necessary to remove
or eliminate
the violation.
a.
The property owner shall be liable for all costs incurred by the city to
remove or eliminate the violation. In addition, an administrative fee in the
amount of 25 percent of the cost of the removal or elimination may
included in total costs.
b.
Billing of costs will be mailed to the property owner by regular mail to the
last known address. If the charges involved are not paid by the owner
within 30 days from the date of billing, the payment shall be delinquent. In
the
event of delinquent charges, the city shall have a lien upon such
property for
the charges, and the lien is enforceable as a tax lien in the
manner prescribed
by the general laws of the state against the property and
collected as in the case of
general property tax.
c.
An action for abatement by the city does not preclude the right of the city
to initiate a municipal civil infraction citation and request for formal
hearing at 52-3 District Court. (Ord. No. 796, § 1, 2-5-07)
SECTION 14. 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 15. Existing License.

City Council Minutes – August 24, 2026
Page 17

All existing licenses issued under this Ordinance that will be covered under the terms of the Designated Waste
Hauler Contract, will not be renewed and will expire upon expiration of the current license or upon service
being assumed by the Designated Waste Hauler, whichever comes first.
SECTION 16. Savings.
All 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 17. 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 18. 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 24th day of August, 2026, and ordered to be given publication
in the manner prescribed by the Charter of the City of Auburn Hills.
AYES:
6 (Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke)
NAYES:
None
ABSENT:
1 (Moniz)
ABSTENTIONS: None
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. 26-952 adopted by the Auburn
Hills City Council on the 24th day of August, 2026, the original of which is in my office.

_________________________
Eugene Hawkins, III, Mayor

_______________________________
Laura M. Pierce, City Clerk

City Council Minutes – August 24, 2026
Page 18

ATTACHMENT B
CITY OF AUBURN HILLS
COUNTY OF OAKLAND
STATE OF MICHIGAN
ORDINANCE NO. 26-951
TEXT AMENDMENT TO ZONING ORDINANCE
AN ORDINANCE TO AMEND ARTICLE XII. T&R, TECHNOLOGY AND RESEARCH
DISTRICTS, ARTICLE XIII. I-1, LIGHT INDUSTRIAL DISTRICTS, ARTICLE XIV. I-2,
GENERAL INDUSTRIAL DISTRICTS, AND ARTICLE XVIII. GENERAL PROVISIONS
OF THE AUBURN HILLS ZONING ORDINANCE NO. 372
THE CITY OF AUBURN HILLS ORDAINS
Section 1.
Article XII. T&R, Technology and Research Districts of Auburn Hills Zoning Ordinance No. 372 is amended to
revise the preamble to read as follows:
The T&R, Technology and Research Districts are established to provide a high-quality environment for
corporate and regional headquarters, research and development facilities, advanced technology
enterprises, automation and robotics operations, aerospace, life sciences, biotechnology, information
technology, engineering, and other employment-generating uses of a similar character and intensity.
The Districts are intended to support Auburn Hills' role as a hub for corporate investment,
innovation, and advanced technology employment opportunities by encouraging the development of
businesses and facilities that contribute to the City's diversified economic base.
Technology and Research Districts are intended to be located and designed to:
1.
Support innovation, investment, and economic growth by providing a business environment
that encourages the development, retention, expansion, and diversification of technologybased, research-oriented, and advanced employment uses across multiple industry sectors;
2.
Accommodate complementary accessory and support uses that serve the operational needs of
businesses and employees within the District, provided such uses remain clearly secondary and
supportive of the District's primary corporate, research, technology, and employmentgenerating functions;
3.
Promote high-quality development standards through coordinated site planning, building
design, architecture, landscaping, and infrastructure improvements that reflect the District's
importance as a location for corporate, research, and advanced technology investment; and
4.
Protect the long-term function and economic vitality of the District by ensuring compatibility
among permitted uses, maintaining adequate infrastructure capacity, and encouraging
development patterns that are consistent with surrounding land uses and the City's long-range
planning objectives.
Section 2.

City Council Minutes – August 24, 2026
Page 19

Article XII. T&R, Technology and Research Districts of Auburn Hills Zoning Ordinance No. 372 is amended to
revise Section 1200. Principal Uses Permitted to remove subsection 2. Data processing and computing
centers, and related services, and renumber subsections 3-5 to 2-4 to read as follows:
SECTION 1200. PRINCIPAL USES PERMITTED
In the T&R Technology and Research District no building or land shall be used and no building shall be
erected except for one (1) or more of the following specified uses, unless otherwise provided in this
Ordinance:
1. Any use charged with the principal function of research, design, and development of pilot or
experimental products and processes including research labs, training facilities, and light
assembly operations as adjuncts to the principal use. Assembly operations shall be limited to
those involving premanufactured finished objects and components and shall include only the
incidental fabrication, machining, or forming of metal, plastic, or other materials as part of
product development, experimentation, demonstration and repair, or the provision of
customized components.
2. Single and multi-tenant office buildings. Sales as an adjunct to the principal use are also
permitted.
3. Municipal buildings and uses.
4. Accessory buildings and accessory uses customarily incidental to any of the above principal uses
permitted (e.g., child care, food service, and health/workout rooms, and other similar adjunct
uses provided within a facility which are intended for sole use of the workers of said facility and
not the general public).
5. Uses determined to be similar to the above principal permitted uses in accordance with the
criteria set forth in Section 1827 and which are not listed below as Special Land Uses Permitted.
Section 3.
Article XII. T&R, Technology and Research Districts of Auburn Hills Zoning Ordinance No. 372 is amended to
revise subsection 7 in Section 1201. Special Land Uses Permitted to read as follows:
7. Clean industrial uses may be permitted as Special Land Uses within the T&R District when
conducted entirely within an enclosed building and when consistent with the purpose and intent
of the District. Such uses shall comply with the requirements of Section 1202 and shall be subject
to the following standards:
A. Definition and Operational Characteristics. For purposes of this Section, a clean industrial use
is a light industrial operation involving the assembly, incidental fabrication, processing,
testing, research, development, or production of advanced technology, high-value, precision,
or specialized products within an enclosed building. Clean industrial uses shall utilize
processes designed to minimize external impacts, including noise, vibration, odors, dust,
smoke, emissions, outdoor storage, and truck traffic. A clean industrial use may constitute
the principal use of a site and need not be accessory to an office, research and development,
or corporate headquarters use. A clean industrial use does not include a Data Center, as
defined in Section 1837.
B. Site and Building Design Standards. Buildings and sites occupied by clean industrial uses shall
maintain the high-quality character and development standards of the T&R District through
superior site design, landscaping, greenspace, and architecture. Building elevations visible
from public rights-of-way, private road easements, or adjacent properties shall incorporate
high-quality materials, glazing, and architectural features consistent with a corporate,
research, or technology-oriented appearance.

City Council Minutes – August 24, 2026
Page 20

C. Transportation and Freight Limitations. Truck traffic associated with clean industrial uses
shall be limited to deliveries and shipments customary and incidental to the operation of the
use. Warehouses, distribution centers, fulfillment centers, freight terminals, logistics
facilities, and similar uses whose primary function is the storage, distribution, or movement
of goods are prohibited, regardless of whether such facilities include office, corporate, or
administrative space. Uses that are dependent upon high-volume truck traffic or intensive
freight movement are likewise prohibited.
Section 4.
Article XIII. I-1, Light Industrial Districts of Auburn Hills Zoning Ordinance No. 372 is amended to revise
Section 1300. Principal Uses Permitted to remove subsection 4. Data processing and computing centers, and
related services, and renumber subsections 5-7 to 4-6 to read as follows:
SECTION 1300. PRINCIPAL USES PERMITTED:
In the I-1 Light Industrial Districts no building or land shall be used and no building shall be erected
except for one (1) or more of the following specified uses, unless otherwise provided for in this
Ordinance:
1.
Any of the following uses when conducted wholly within a completely enclosed building (no
outside storage of permanent vehicles, material or equipment):
A.
Warehousing and wholesale establishments, with retail sale only if accessory to the
principal use.
B.
The manufacture, compounding, processing, packaging, or treatment of such
products as, but not limited to: bakery goods, candy, cosmetics, pharmaceuticals,
toiletries, food products, hardware, and cutlery; tool, die, gauge and machine shops.
C.
The manufacture, compounding, assembling or treatment of articles or merchandise
from previously prepared materials such as , but not limited to: bone, canvas,
cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper,
plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wax, wire,
wood (excluding saw and planing mills), and yarns. Sheet metal stamping is not
permitted as a principal use.
D.
The manufacture of pottery and figurines or other similar ceramic products using
only previously pulverized clay, and kilns fired only by electricity or gas.
E.
Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or
other small molded rubber products.
F.
Manufacture or assembly of electrical appliances, electronic instruments and
devices, radios and phonographs.
G.
Manufacture and repair of electric or neon signs, light sheet metal products,
including heating and ventilating equipment, cornices, eaves, and the like.
H.
Automobile repair stations, automobile or other machinery assembly plants; painting
and varnishing shops, and undercoating shops.
I.
Experimental, film or testing laboratories.
J.
Building material storage and sales in an enclosed building.
2.
Private paramedical emergency facilities subject to the following conditions:
A.
Such facilities shall be located only on collector thoroughfares or major
thoroughfares as indicated on the adopted Major Thoroughfare Plan of the City of
Auburn Hills.
B.
All ingress and egress on the site shall be located at least fifty (50) feet from any
adjacent property line or right-of-way line.

City Council Minutes – August 24, 2026
Page 21

C.

3.

4.
5.

6.

If not in existence, a passing lane shall be provided opposite the ingress/egress route
used for paramedical and such other emergency vehicles in addition to the required
acceleration and deceleration lanes. The passing lane is required to insure that the
purpose and intent of this Zoning Ordinance is met, and is deemed necessary to
prevent traffic congestion in order to assure proper egress for fast moving and
accelerating emergency vehicles in order to protect the health and safety of the
citizens of Auburn Hills and abutting areas.
D.
All such facilities shall be developed on sites of at least one (1) acre in area.
Any use charged with the principal function of research, design and development of pilot or
experimental products and processes including research labs, training facilities, and light
assembly operations as adjuncts to the principal use. Assembly operations shall be limited to
those involving premanufactured finished objects and components, and shall include only the
incidental fabrication, machining or forming of metal, plastic, or other materials as part of
product development, experimentation, demonstration and repair, or the provision of
customized components.
Oil and gas wells in accordance with the criteria set forth in Section 1835.
Accessory buildings and accessory uses customarily incidental to any of the above principal
uses permitted; however, accessory uses shall not exceed fifty (50) percent of the gross
building area (e.g., general office, child care, food service, health/workout rooms, and other
similar adjunct uses provided within a facility which are intended for sole use of the workers
of said facility and not the general public).
Uses determined to be similar to the above principal permitted uses in accordance with the
criteria set forth in Section 1827 and which are not listed below as special land uses.

Section 5.
Article XIII. I-1, Light Industrial Districts of Auburn Hills Zoning Ordinance No. 372 is amended to add new
subsection 23 regulating Data Centers and renumber subsections 23-24 to 24-25 in Section 1301. Special
Land Uses Permitted to read as follows:
23.
24.
25.

Data Centers and related data processing and computing facilities, subject to the requirements of
Section 1837.
Accessory buildings and accessory uses customarily incidental to any of the above special land
uses permitted; however, accessory uses shall not exceed fifty (50) percent of the gross building
area.
Special land uses determined to be similar to the above special land uses in accordance with the
criteria set forth in Section 1828.

Section 6.
Article XIV. I-2, General Industrial Districts of Auburn Hills Zoning Ordinance No. 372 is amended to add new
subsection 13 regulating Data Centers and renumber subsections 13-14 to 14-15 in Section 1401. Special
Land Uses Permitted to read as follows:
13.
14.

Data Centers and related data processing and computing facilities, subject to the requirements of
Section 1837.
Accessory buildings and accessory uses customarily incidental to any of the above special land
uses permitted; however, accessory uses shall not exceed fifty (50) percent of the gross building
area.

City Council Minutes – August 24, 2026
Page 22

15.

Special land uses determined to be similar to the above special land uses in accordance with the
criteria set forth in Section 1828.

Section 7.
Article XVIII. General Provisions of Auburn Hills Zoning Ordinance No. 372, as amended, is hereby
amended to add a new section 1837. Data Centers, which shall read in its entirety as follows:
SECTION 1837. DATA CENTERS
1. Purpose and Intent
The purpose of this Section is to establish reasonable, predictable, and enforceable standards governing
the siting, design, construction, operation, and expansion of Data Centers within the City of Auburn Hills
in order to:
A. Promote high-quality investment, expand the City's tax base, create employment opportunities, and
support economic development by accommodating appropriately located Data Centers within
designated zoning districts.
B. Protect residents, businesses, public infrastructure, and surrounding property owners from potential
adverse impacts associated with Data Center development and operation, including, but not limited
to, noise, low-frequency sound, vibration, visual impacts, hazardous material storage, and demands
on municipal utilities and public services.
C. Establish measurable, objective, and enforceable operational performance standards, including postconstruction verification of noise, low-frequency sound, utility usage, and other operational
characteristics that may affect surrounding properties.
D. Promote the efficient use of energy and natural resources through sustainable building design,
energy-efficient equipment, stormwater best management practices, and cooling technologies that
minimize potable water consumption, with a preference for closed-loop or other low-water-use
cooling systems where feasible.
E. Require coordination with electric, water, sewer, and other applicable utility providers to verify that
adequate infrastructure capacity exists or will be provided by the applicant, and that facility
operations will not adversely affect the reliability or availability of municipal services.
F. Recognize that Data Centers may require substantial land area and electrical infrastructure while
generating comparatively few permanent employment opportunities. Accordingly, the standards of
this Section are intended to balance the City's long-term economic development objectives, preserve
limited T&R, Technology and Research District land and available electrical infrastructure for
employment-intensive uses, and prohibit new Data Center developments within said District except
when approved by the City Council through the Planned Unit Development Option in Section 1830
and in accordance with the applicable standards of this Section.
G. Recognize that the City is approaching build-out of its industrial land supply and encourage Data
Center development through the adaptive reuse of existing industrial buildings and underutilized
industrial properties rather than on the City's limited remaining vacant industrial land.
2. Definitions
For purposes of this Section, the following definitions apply. Where a term is not defined in this Section,
the definition set forth elsewhere in this Ordinance, or its plain meaning, shall control.
A. Data Center. A building, or portion of a building, whose primary use is to house computer systems,
servers, and associated components, including cooling, power distribution, backup generation, and

City Council Minutes – August 24, 2026
Page 23

B.

C.
D.

E.
F.
G.

network infrastructure, for the storage, processing, management, or distribution of data, whether
operated by a single user, colocation provider, or multiple tenants. A Data Center does not include
computer systems, server rooms, network equipment rooms, telecommunications closets, or similar
facilities that are clearly incidental and subordinate in floor area, electrical demand, and function to
another lawful principal use on the same zoning lot, primarily support the operations of that principal
use, and are not operated or marketed principally as a data-processing, hosting, storage, or
colocation facility.
Designed Electrical Load Capacity. The maximum electrical load, expressed in Megawatts, that a Data
Center is designed to accommodate at Ultimate Build-Out, including information technology
equipment, cooling systems, electrical distribution equipment, backup power systems, and all
supporting infrastructure, as demonstrated by electrical engineering plans, utility service
agreements, manufacturer specifications, or other documentation acceptable to the City.
Megawatt. A unit of electrical power equal to one thousand (1,000) kilowatts or one million
(1,000,000) watts, used in this Section to express Designed Electrical Load Capacity.
Ultimate Build-Out. The maximum reasonably anticipated development intensity of a Data Center
site, including all existing, proposed, approved, reserved, entitled, or reasonably foreseeable future
phases, buildings, additions, increases in Designed Electrical Load Capacity, mechanical systems,
emergency generation, and related infrastructure, regardless of whether all phases are proposed for
immediate construction.
Ambient Sound Level. The A-weighted sound pressure level, expressed in dB(A), representing the
existing background sound environment at the property boundary or other measurement location
designated by this Ordinance.
Tonal Component. A discrete, audible frequency or narrow frequency band that is readily
distinguishable from the surrounding broadband sound, as determined in accordance with ANSI/ASA
S12.9 or a successor standard approved by the City.
Backup Generator. Any diesel, natural gas, or other fuel-fired engine-generator set installed to
provide emergency or standby electrical power to a Data Center during a utility outage or other
interruption of normal electrical service.

3. Existing Data Centers
Any Data Center lawfully operating on the effective date of this Section shall be considered lawful and
conforming solely as to the data center use and may continue subject to its
approved site plan, Development Agreement, and other applicable approvals. Nothing in this subsection
shall cause a nonconforming structure or site condition to become
conforming or authorize an expansion except in accordance with this Section. No increase in the
maximum approved electrical capacity, measured in Megawatts, gross floor area, or Backup Generator
capacity, shall be permitted unless authorized by an amendment
to the recorded Development Agreement approved by the City Council. For any lawfully operating Data
Center on the effective date of this Section that is not subject to a Development Agreement, any increase
in designed electrical load capacity, gross floor area, cooling system equipment, or backup generator
capacity shall comply with the requirements of this Section.
4. Applicability and Permitted Locations
A. Permitted Locations. A citywide evaluation of potential Data Center locations was conducted to
identify sites capable of accommodating the use while protecting surrounding land uses and making

City Council Minutes – August 24, 2026
Page 24

efficient use of existing and planned infrastructure. The evaluation included consultation with the
electric utility regarding available electrical service capacity and the practicality of extending service,
and considered the following factors:
1) Compatibility with surrounding land uses, including protection of residential neighborhoods and
avoidance of conflicts with existing and planned development;
2) Potential operational impacts, including continuous equipment noise from cooling systems and
emergency generator testing;
3) Availability of necessary infrastructure, including electrical service, fiber optic and
telecommunications systems, and municipal utilities;
4) Sufficiency of parcel size and configuration to accommodate the proposed use and potential
future expansion;
5) Existing development patterns and consistency with the goals and objectives of the City's Master
Land Use Plan;
6) Visual compatibility with surrounding development; and
7) Efficient use of public infrastructure and services in a manner that promotes the public health,
safety, and welfare.
Accordingly, Data Centers, as defined in this Section, shall be permitted only on the properties
identified in the following Table 1 subject to Special Land Use approval.
Table 1
Address
1681 Harmon Road
3985 Giddings Road
1750 Summit Drive
1751 Summit Drive
1700 Brown Road
1750 Brown Road

Sidwell Number
14-03-100-043
14-03-100-047
14-03-100-052
14-03-100-051
14-03-100-028
14-03-100-024

Zoning District
I-1, Light Industrial
I-1, Light Industrial
I-1, Light Industrial
I-1, Light Industrial
I-1, Light Industrial
I-2, General Industrial

B. Planned Unit Development Option. New Data Centers and expansions to existing Data Centers in
locations other than those identified in Table 1 above may be considered only through approval of a
Planned Unit Development (PUD) in accordance with Section 1830. Approval of a PUD for a new Data
Center or the expansion of an existing Data Center shall be at the sole discretion of the City Council,
following a recommendation from the Planning Commission. An applicant shall have no right to
appeal the requirements of this section to the Zoning Board of Appeals.
5. Data Center Review Criteria
In addition to the Special Land Use review criteria set forth in Section 1818 or PUD review criteria set
forth in Section 1830, as applicable, the Planning Commission and City Council shall consider the
following Data Center-specific criteria when evaluating an application:
A. Compatibility of anticipated noise, vibration, lighting, and visual impacts with adjacent and nearby
land uses.

City Council Minutes – August 24, 2026
Page 25

B. Adequacy of the proposed acoustic mitigation measures, including equipment selection, screening,
building orientation, and site layout, based on the required pre-construction acoustic study.
C. Adequacy of existing and proposed emergency and utility infrastructure to serve the facility without
adversely affecting service reliability for existing customers.
D. Consistency and adequacy of the proposed Backup Generator testing and operating protocols.
E. Whether the applicant has disclosed the Ultimate Build-Out of the site and demonstrated that the
facility can comply with all applicable standards of this Section at Ultimate Build-Out, rather than only
during the initial phase of development.
6. Application Requirements
In addition to the standard site plan submission requirements, an application for a Data Center shall
include the following information to demonstrate compliance with this Section:
A. A pre-construction acoustic study prepared in accordance with subsection (7.A).
B. A written statement describing the Ultimate Build-Out of the site, including the maximum anticipated
Designed Electrical Load Capacity, total floor area, and the number, size, and location of all proposed
mechanical equipment, cooling systems, electrical infrastructure, and Backup Generators, regardless
of whether all phases are proposed for immediate construction.
C. The utility-related information and documentation required by subsection 11(A), below.
D. A narrative describing the proposed water supply and cooling system, including anticipated water
demand, water source, wastewater generation, and discharge methods, if applicable.
E. A Development Agreement, drafted by the City Attorney and signed by the applicant, together with
any supporting documentation necessary to demonstrate compliance with this Section.
7. Noise and Acoustic Standards
This subsection is intended to directly address operational noise concerns typically associated with Data
Centers, including mechanical equipment, cooling systems, electrical infrastructure, and Backup
Generators. Because pre-construction predictive modeling cannot fully account for actual operating
conditions, both pre-construction and post-construction requirements shall apply.
A. Pre-Construction Acoustic Study. Prior to Special Land Use or PUD approval and site plan approval,
the applicant shall submit an acoustic study prepared by a qualified acoustical engineer that:
1) Documents existing Ambient Sound Levels at the Data Center property lines and at any
Residential District boundary located within one thousand (1,000) feet of the site, based on
measurements representative of both daytime and nighttime conditions.
2) Models the anticipated sound level contribution of the proposed facility at full Ultimate BuildOut, including all mechanical, cooling, electrical, and Backup Generator equipment, at the Data
Center property lines and at any Residential District boundary located within one thousand
(1,000) feet of the site.
3) Identifies any anticipated Tonal Component, low-frequency noise, vibration, or other sound
characteristics that may increase the perceptibility or impact of facility noise and proposes
specific mitigation measures, including equipment selection, enclosures, barriers, screening, and
equipment orientation.
4) Demonstrates compliance with the performance standards of subsection 7.B, including any
applicable adjustments for Tonal Components, low-frequency noise, or other characteristics that
increase noise perception.
B. Performance Standards.
1) The facility shall comply with the noise performance standards of Section 1807.6.

City Council Minutes – August 24, 2026
Page 26

2) Where residentially zoned or residentially used property is located within one thousand (1,000)
feet, the City Council may impose a more restrictive numerical sound limit or additional
mitigation as a condition of approval only upon a finding, supported by the required acoustic
study, that the condition is necessary to satisfy Sections 1818 and 1837.7. Any such condition
shall identify the applicable numerical limit, measurement location, measurement duration, time
period, and adjustment for Tonal Components or low-frequency sound.
3) Tonal Components, low-frequency noise, vibration, or other characteristics that increase the
perceptibility or impact of facility noise may require additional mitigation, even where overall
dB(A) limits are satisfied. Any additional mitigation required under this paragraph shall be
supported by the acoustic study, stated in specific and enforceable terms, and reasonably
necessary to satisfy Sections 1818 and 1837.7.
4) Compliance measurements shall be conducted in accordance with industry-recognized
environmental sound measurement practices using properly calibrated equipment and under
conditions reasonably calculated to produce reliable and repeatable results.
C. Post-Construction Acoustic Verification. Pre-construction modeling shall not be considered
conclusive evidence of continued compliance. Accordingly:
1) Within ninety (90) days of the facility first achieving substantial operation, defined as IT load
reaching fifty percent (50%) or more of the initial phase’s Designed Electrical Load Capacity, the
applicant shall commission and submit to the City an independent post-construction acoustic
verification study performed under representative operating conditions at the highest reasonably
achievable load at the time of testing, at the same measurement locations used in the preconstruction acoustic study, but in no event later than twelve (12) months after issuance of the
certificate of occupancy, unless the City approves a later date for good cause.
2) If the post-construction study demonstrates non-compliance with subsection 7.B, the applicant
shall submit and implement a mitigation plan subject to City approval and shall complete a
follow-up verification study within one hundred eighty (180) days confirming compliance.
3) The City may require an additional verification study, at the applicant’s expense, following any
subsequent expansion, significant equipment replacement, change in operational characteristics,
or substantiated complaint.
4) The Development Agreement for any Data Center shall include the City’s right to conduct, or
retain a third party to conduct, unannounced sound level monitoring at the applicant’s expense
not more than twice per calendar year, unless additional monitoring is warranted due to a
substantiated complaint or compliance concern.
D. Complaint Response Protocol. The operator shall designate a local or readily reachable point of
contact responsible for responding to noise complaints. The operator shall respond to any complaint
referred by the City within one (1) business day. Three (3) or more substantiated complaints within
any twelve (12) month period shall require a mandatory re-verification study under subsection 7.C at
the operator’s expense.
8. Backup Generators and Emergency Power
Backup Generators are necessary infrastructure but are also a principal source of potential nuisance
complaints if not properly regulated. Accordingly:
A. Routine, non-emergency testing and load-bank testing of Backup Generators shall occur only Tuesday
through Thursday between 11:00 a.m. and 3:00 p.m., excluding federal holidays.
B. Routine testing shall not exceed thirty (30) minutes per Backup Generator per week, except where
additional operation is required due to a documented mechanical or operational necessity. Testing
exceeding this limitation shall require advance written notice to the City.

City Council Minutes – August 24, 2026
Page 27

C. The operator shall provide the City with written notice at least seventy-two (72) hours in advance of
any scheduled testing outside routine parameters, including annual load-bank testing.
D. Backup Generators shall be equipped with exhaust silencers and, where necessary to comply with
subsection 7, acoustic enclosures, barriers, or other approved mitigation measures.
E. Nothing in this subsection shall restrict Backup Generator operation during an actual utility outage or
bona fide emergency.
F. Fuel storage shall comply with all applicable fire code requirements and Michigan Department of
Environment, Great Lakes, and Energy (EGLE) requirements. Prior to occupancy, the applicant shall
provide the Fire Department with a site-specific pre-incident plan.
9. Visual Impact, Screening, and Fencing
A. All Backup Generators, transformers, mechanical equipment, including chillers, condensing units, and
other cooling equipment, and other utility equipment located outside of a building shall be screened
from view from any public or private roadway and any adjacent property through a combination of
building design, opaque walls or fencing, and landscaping. Screening shall be of sufficient height and
opacity to substantially conceal the equipment and achieve compliance with the noise and acoustic
standards of subsection 7.
B. Where equipment is located on the roof of a building, screening shall be accomplished through a
parapet wall, screen wall, or comparable architectural enclosure of sufficient height to conceal the
equipment from view at grade from adjacent public streets, private roads, and properties. Such
screening shall be visually consistent with the building's architecture.
C. Perimeter security fencing shall not exceed eight (8) feet in height, exclusive of approved anti-climb
security features. Fencing shall be located behind the required landscape buffer adjacent to any
public street right-of-way or private road easement. Barbed wire, razor wire, concertina wire,
electrified fencing, and similar security devices are prohibited.
D. Building facades visible from a public street, private road, or adjoining property shall incorporate
architectural articulation, including variations in materials, offsets, reveals, fenestration, or
comparable design elements. No building facade shall consist of an unarticulated blank wall
exceeding one hundred (100) feet in length.
E. Where a Data Center involves conversion of an existing building rather than new construction,
subsection 9.D shall apply only to new construction, building additions, or facade areas materially
altered as part of the conversion. For an existing facade retained without material alteration that
does not meet subsection 9.D, the Planning Commission and City Council may approve alternative
compliance upon finding that literal compliance is not structurally or economically feasible and that
the proposed alternative, which may include landscaping, decorative screening, wall treatments,
lighting, or comparable mitigation, reasonably advances the visual compatibility purposes of this
Section.
10. Water Supply and Cooling Systems
A. The applicant shall identify the proposed cooling technology, including air-cooled, evaporative, liquid,
hybrid, or other systems, and provide an estimate of average and peak daily water demand at
Ultimate Build-Out.
B. Where municipal water or sanitary sewer capacity may be affected, the applicant shall coordinate
with the City’s Department of Public Works and the City’s consulting engineer to demonstrate
adequate capacity exists or will be provided at the applicant’s expense.
C. Data Centers are encouraged to use closed-loop dry cooling or other water-efficient cooling
technologies to minimize potable water consumption. Where potable municipal water is proposed

City Council Minutes – August 24, 2026
Page 28

for non-contact cooling purposes, the applicant shall demonstrate why more water-efficient
alternatives are not technically or economically feasible.
D. Water efficiency and long-term water demand may be considered by the Planning Commission and
City Council as part of Special Land Use or PUD review.
11. Electrical Infrastructure Impact
A. The applicant shall request and, if provided by the serving electric utility, submit written confirmation
that adequate electrical capacity exists or can be made available to serve the facility at full Ultimate
Build-Out. The applicant shall also request that the utility identify any necessary infrastructure
improvements, the costs assigned to the applicant under the utility’s applicable tariffs, rules, and
applicable law, and whether the proposed service is anticipated to adversely affect service reliability
or impose additional costs on existing customers. If the utility declines or is unable to address any of
these matters in writing, the applicant shall document its request and the utility’s response and
submit any other reasonably available utility correspondence, service-availability determination,
engineering study, or service agreement addressing the requested service.
B. Any electric substation, transmission, or distribution infrastructure required solely to serve the
facility shall be constructed at the applicant’s expense and shall be sited and screened consistent
with subsection 9 to the extent reasonably possible when located on the same or adjacent parcel.
12. Emergency Services and Public Safety
A. The applicant shall provide a written emergency response plan and meet with the Fire Department
and Police Department to review site access, fire suppression systems, hazardous materials, including
fuel storage and battery systems, and any specialized equipment or training necessary to respond
safely to an incident at the facility.
B. The applicant shall provide and periodically update as-built emergency response information,
including site plans, shutoff locations, and hazardous materials inventory, to the Community
Development Department and Fire Department.
C. Any lithium-ion or other battery energy storage system shall comply with applicable fire code
requirements for stationary storage battery systems and shall be reviewed by the Building Official
and Fire Chief prior to installation.
13. Parking and Loading
As part of its approval of a Special Land Use or PUD, the City Council may, following review and
recommendation by the Planning Commission, approve a modification of the otherwise applicable
parking or loading requirements only upon written findings that the number and design of the proposed
spaces or loading areas are adequate for the facility’s maximum anticipated employment, visitors,
deliveries, maintenance, and emergency operations at Ultimate Build-Out; that the modification will not
impair access, circulation, public safety, or neighboring property; and that all applicable accessibleparking and fire-access requirements remain satisfied.

14. Required Disclosure of Future Build-Out
A. An applicant shall disclose all planned, approved, or reasonably foreseeable future phases,
expansions, and increases in electrical capacity associated with the site. The disclosure shall provide
sufficient information for the City to evaluate the facility's full potential build-out. A material
misrepresentation or omission discovered before final approval may constitute grounds for denial or
the imposition of appropriate conditions. A material misrepresentation or omission discovered after

City Council Minutes – August 24, 2026
Page 29

approval shall constitute a violation subject to the enforcement and revocation procedures in the
Development Agreement.
B. The Planning Commission and City Council shall evaluate the application based on the anticipated
Ultimate Build-Out of the facility and may condition approval of an initial phase on a demonstration
that subsequent phases can comply with all applicable requirements of this Section.
15. Development Agreement
A Development Agreement is required for every Data Center facility and shall be a condition of Special
Land Use or PUD approval. The Development Agreement shall establish enforceable obligations,
restrictions, performance standards, and commitments applicable to the facility. The Development
Agreement shall be recorded against the property, shall run with the land, and shall bind the applicant,
property owner, operator, and their successors and assigns. The provisions listed below establish the
minimum required contents of the Development Agreement and shall not limit the City’s authority to
require additional terms, conditions, restrictions, financial assurances, monitoring requirements, or
obligations reasonably related to the proposed development, anticipated impacts, or Special Land Use or
PUD approval. At a minimum, the Development Agreement shall address:
A. A description of the project, including the applicant, property owner, operator, site location, and
general nature and scope of the proposed Data Center use.
B. The planned Designed Electrical Load Capacity, in Megawatts, for the initial phase and Ultimate BuildOut of the site.
C. A reference to the approved site plan governing the facility, including the date of approval and any
subsequent amendments.
D. The specific noise performance standards, mitigation requirements, and post-construction
verification requirements applicable to the site, which may be more, but not less, restrictive than
subsection 7.
E. Generator testing protocols specific to the site.
F. Operational conditions applicable to the facility, including hours of routine testing, maintenance,
delivery activity, and other site-specific operational restrictions.
G. The City’s right of periodic inspection and monitoring, at the operator’s expense, as described in
subsection 7.
H. Remedies for noncompliance, including written notice of the violation, a reasonable opportunity to
cure, enforcement proceedings, and, where warranted, revocation of the Special Land Use approval
or enforcement of the PUD approval and Development Agreement. Except where immediate action is
necessary to address an imminent threat to public health or safety, the City shall provide written
notice to the operator and property owner identifying the alleged violation and allowing not less than
thirty (30) days to cure. If the violation cannot reasonably be cured within thirty (30) days, the cure
period may be extended if the operator commences corrective action within that period and
diligently proceeds to completion. If a material violation remains uncured, the City Council may
revoke the Special Land Use approval following notice and a public hearing. Any revocation shall be
supported by written findings that the violation is material, remains uncured, and cannot be
adequately addressed through a lesser enforcement remedy. Nothing in this subsection limits the
City’s authority to pursue any other remedy authorized by this Ordinance, the Development
Agreement, or applicable law.
I. Any additional project-specific provisions, conditions, representations, restrictions, performance
standards, or commitments that the City determines are necessary to protect the public health,
safety, and welfare or implement the intent of this Section, including commitments made by the

City Council Minutes – August 24, 2026
Page 30

applicant during the Special Land Use or PUD review process, all of which shall be binding upon the
operator and its successors and assigns.
Section 8. 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 9. 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 10. Savings.
Nothing in this Ordinance shall impair any final approval, permit, or vested right existing on its effective
date or abate any pending violation, enforcement proceeding, liability, or remedy. Except to the extent
required by a vested right established under Michigan law, an application that has not received final approval
before the effective date shall be reviewed under this Ordinance.
Section 11. Effective Date.
The provisions of this Ordinance are hereby ordered to take effect upon the expiration of seven (7) days
after publication in the manner prescribed by the Charter of the City of Auburn Hills and as required by law.
Section 12. 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 24th day of August 2026 and ordered to be given publication in
a manner prescribed by the Charter of the City of Auburn Hills.
AYES:
6 (Ferguson, Fletcher, Hawkins, Knight, Marzolf, Verbeke)
NAYES:
None
ABSENT:
1 (Moniz)
ABSTENTIONS: None
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. 26-951 adopted by the
Auburn Hills City Council on the 24th day of August 2026, the original of which is in my office.

_________________________
Eugene Hawkins, III, Mayor

_______________________
Laura M. Pierce, City Clerk

City Council Minutes – August 24, 2026
Page 31

CITY OF AUBURN HILLS
ATTACHMENT C

1 8 27
A UBURN

N . S QUIR RE L
H IL L S ,

MI

R OAD
4 8 3 26

2 4 8. 3 7 0. 9 4 02

At a regular meeting of the City Council of the City of Auburn Hills, Oakland County, Michigan, held in City
Council Chamber at 1827 N. Squirrel Road, Auburn Hills, MI 48326 at 7:00 PM, on the 24th day of August, 2026.
The following resolution was offered by Council Member Fletcher and seconded by Council Member Marzolf:

RESOLUTION OF NECESSITY AND AUTHORIZATION
TO COMMENCE EMINENT DOMAIN PROCEEDINGS
WHEREAS, the City of Auburn Hills (the “City”) owns and operates several public parking lots in the
area of the City bounded by S. Squirrel Road to the west, Juniper Street to the east, Parkway Boulevard and
Squirrel Court to the north, and Primary Street to the south. This area of the City is sometimes known as the
“Downtown Core.”
WHEREAS, there are also public street parking and private parking facilities in the Downtown Core.
Private parking spaces are generally dedicated and assigned to specific users.
WHEREAS, the demand for public parking spaces in the Downtown Core exceeds the available supply,
and demand continues to increase as residential and commercial development continues to expand, and
downtown community events grow in popularity in what is the City’s main gathering place.
WHEREAS, an undersupply of available public parking spaces leads to frequent vehicle turnover,
repeated vehicle relocations, and increased vehicle circulation, which results in unauthorized parking,
overstayed time limits, long-term users occupying spaces intended for business patrons, and enforcement
challenges. These conditions cause greater congestion, inconvenience, and increase the likelihood of accidents
and injury.
WHEREAS, the undersupply of parking in the Downtown Core has a significant negative impact on
residents and businesses located in the Downtown Core, residents of the City, and the public at large. When
parking is perceived as difficult, inconvenient, or unreliable, customers avoid businesses in the Downtown
Core; employees at businesses suffer disruptions and interference with productivity, creating hiring and
retention challenges for businesses; and residents must compete with business patrons and employees for
parking, rendering residences in and around the Downtown Core less desirable. The undersupply of parking
weakens the functionality, vitality, and economic prosperity of the Downtown Core and surrounding areas.
WHEREAS, the City has attempted to address the undersupply of parking in the Downtown Core
through means such as enhanced parking management strategies. These strategies include expanded time
restrictions on parking spaces, expanded enforcement, and shared parking arrangements, but these strategies
are insufficient to address the need for additional parking.

City Council Minutes – August 24, 2026
Page 32

WHEREAS, the City has considered alternatives to address the undersupply of parking in the Downtown
Core, including remote parking, leasing private parking spaces, and structured parking. Residents, patrons, and
employees are unlikely to use remote parking, particularly during evening hours and during adverse weather.
Leased space is subject to termination, modification, and ownership changes, such that it does not provide
stable long-term solutions. Parking structure spaces require long timelines to plan, construct, and actually
provide additional parking, such that this approach is neither a practical nor timely solution to the immediate
need for additional parking in the Downtown Core.
WHEREAS, the City therefore identified the property at 50 Juniper Street, identified as tax parcel
number 02-14-36-128-003 (the “Subject Property”), as the most practical location to expand public parking in
the area of greatest need. The Subject Property is located within the Downtown Core, immediately adjacent
to an existing City parking lot. Its use for public parking would maximize operational efficiency and traffic
circulation in the Downtown Core, providing parking that is not remote from areas where there is demand for
parking, and avoid the fragmentation of parking that would result from use of sites that are remote from the
Downtown Core or are not adjacent to existing public parking.
WHEREAS, the City therefore developed plans to acquire the Subject Property to convert its use to
public parking, in conjunction with the existing adjacent public parking lot, to address the demand for parking
in the Downtown Core (the “Downtown Parking Expansion Project”).
WHEREAS, the City has determined that it is necessary and essential to the public health, safety, and
welfare to acquire fee simple ownership of the Subject Property, subject to certain utility and other interests
of record, to proceed with the Downtown Parking Expansion Project.
WHEREAS, under Const 1963, the Home Rule City Act, MCL 117.1 et seq., the Acquisition of Property
by State Agencies and Public Corporations Act, MCL 213.21 et seq., the Charter of the City of Auburn Hills, and
other Michigan law, the City possesses legal authority to exercise eminent domain to acquire private property
for the Downtown Parking Expansion Project.
Now, therefore, by virtue of the City’s authority under Michigan law, it is resolved as follows:
1.
2.
3.

4.
AYES:
NAYES:
ABSENT:

The foregoing recitals are ratified, adopted, and confirmed.
It is necessary to acquire the Subject Property for the Downtown Parking Expansion Project,
for the public health, safety, and welfare.
The City’s counsel at Williams Williams Rattner & Plunkett, PC, is authorized and directed to
take actions that are required and appropriate in their discretion to acquire the Subject
Property so that the City may proceed with the Downtown Parking Expansion Project, including
condemnation proceedings under Const 1963, the Uniform Condemnation Procedures Act,
MCL 213.51 et seq., and other Michigan law, and to take all required and appropriate actions
in any such proceedings and otherwise.
Any Resolutions in conflict with this Resolution are revoked to the extent of such conflict.
5 (Ferguson, Fletcher, Hawkins, Knight, Marzolf)
None
2 (Moniz, Verbeke)

City Council Minutes – August 24, 2026
Page 33

ABSTENTIONS: None
RESOLUTION DECLARED ADOPTED
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, the undersigned, the duly elected Mayor and appointed City Clerk for 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 24th day of August, 2026.
IN WITNESS WHEREOF, I have hereunto affixed my official signature on this ___ day of ____, 2026.

________________________________
Eugene Hawkins, III, Mayor

________________________________
Laura M. Pierce, City Clerk