In the minutes: Swartz Creek City Council: Monday, October 26 2026, 7:00pm, PDBMB, flock camera (Oct 26)

City of Swartz Creek
AGENDA
Regular Council Meeting, Monday, October 26, 2026, 7:00 P.M.
Paul D. Bueche Municipal Building, 8083 Civic Drive Swartz Creek, Michigan 48473
THIS WILL BE A HYBRID MEETING, WITH IN PERSON ATTENDANCE BY COUNCIL MEMBERS.
1.

CALL TO ORDER:

2.

INVOCATION & PLEDGE OF ALLEGIANCE:

3.

ROLL CALL:

4.

MOTION TO APPROVE MINUTES:
4A.
Council Meeting of October 12, 2026

MOTION

Pg. 41

APPROVE AGENDA:
5A.
Proposed / Amended Agenda

MOTION

Pg. 1

MOTION

Pg. 8
Pg. 58
Pg. 81
Pg. 103
Pg. 127
Pg. 128
Pg. 137
Pg. 170

5.
6.

REPORTS & COMMUNICATIONS:
6A.
City Manager’s Report
6B.
Staff Reports & Meeting Minutes
6C.
CDBG Call for Projects
6D.
5472 Miller Road Zoning Amendment Petition and Documentation
6E.
Christmas Parade Permit
6F.
Street Lighting Amendment Material
6G.
Brewer Townhome Incentive Materials
6H.
Inflow and Infiltration Mock Invoice (CMOM Quarterly Report)

7.

MEETING OPENED TO THE PUBLIC:

8.

COUNCIL BUSINESS:
8A.
Community Development Block Grant
8B.
Community Development Block Grant
8C.
5472 Miller Road Zoning Amendment
8D.
Brewer Townhome Incentive
8E.
Street Lighting Amendment
8F.
Christmas Parade Permit
8G.
Closed Session

9.

MEETING OPENED TO THE PUBLIC:

10.

REMARKS BY COUNCILMEMBERS:

11.

ADJOURNMENT:

PUBLIC HEARING
RESO
Pg. 33
RESO
Pg. 34
Pg. 36
RESO
Pg. 38
RESO
RESO
Pg. 39
RESO
Pg. 39

MOTION

Pg. 40

Next Month Calendar (Public Welcome at All Meetings)
City Council:
Monday, November 9, 2026, 7:00 p.m., PDBMB
Planning Commission:
Tuesday, November 10, 2026, 7:00 p.m., PDBMB (Week later)
Downtown Development Authority:
Thursday, November 12, 2026, 6:00 p.m. PDBMB
Fire Board:
Monday, November 16, 2026, 6:00 p.m., Station #2
Park Board:
Tuesday, November 17, 2026, 5:30 p.m., PDBMB
Zoning Board of Appeals:
Wednesday, November 18, 2026, 6:00 p.m., PDBMB
City Council:
Monday, November 23, 2026, 7:00 p.m., PDBMB
Metro Police Board:
Wednesday, November 18, 2026, 11:00 a.m., Metro PD (Week early)

City Council Packet

1

Octoer 26, 2026

City of Swartz Creek Mission Statement
The City shall provide a full range of public services in a professional and competent manner, assuring
that the needs of our constituents are met in an effective and fiscally responsible manner, thus promoting
a high standard of community life.

City of Swartz Creek Values
The City of Swartz Creek’s Mission Statement is guided by a set of values which serve as a common
operating basis for all City employees. These values provide a common understanding of responsibilities
and expectations that enable the City to achieve its overall mission. The City’s values are as follows:
Honesty, Integrity and Fairness
The City expects and values trust, openness, honesty and integrity in the words and actions of its
employees. All employees, officials, and elected officials are expected to interact with each other openly
and honestly and display ethical behavior while performing his/her job responsibilities. Administrators and
department heads shall develop and cultivate a work environment in which employees feel valued and
recognize that each individual is an integral component in accomplishing the mission of the City.
Fiscal Responsibility
Budget awareness is to be exercised on a continual basis. All employees are expected to be
conscientious of and adhere to mandated budgets and spending plans.
Public Service
The goal of the City is to serve the public. This responsibility includes providing a wide range of services
to the community in a timely and cost-effective manner.
Embrace Employee Diversity and Employee Contribution, Development and Safety
The City is an equal opportunity employer and encourages diversity in its work force, recognizing that
each employee has unlimited potential to become a productive member of the City’s team. Each
employee will be treated with the level of respect that will allow that individual to achieve his/her full
potential as a contributing member of the City staff. The City also strives to provide a safe and secure
work environment that enables employees to function at his/her peak performance level. Professional
growth opportunities, as well as teamwork, are promoted through the sharing of ideas and resources.
Employees are recognized for his/her dedication and commitment to excellence.
Expect Excellence
The City values and expects excellence from all employees. Just "doing the job" is not enough; rather, it
is expected that employees will consistently search for more effective ways of meeting the City's goals.
Respect the Dignity of Others
Employees shall be professional and show respect to each other and to the public.
Promote Protective Thinking and Innovative Suggestions
Employees shall take the responsibility to look for and advocate new ways of continuously improving the
services offered by the City. It is expected that employees will perform to the best of his/her abilities and
shall be responsible for his/her behavior and for fulfilling the professional commitments they make.
Administrators and department heads shall encourage proactive thinking and embrace innovative
suggestions from employees.

City Council Packet

2

Octoer 26, 2026

CITY OF SWARTZ CREEK
VIRTUAL REGULAR CITY COUNCIL MEETING ACCESS INSTRUCTIONS
MONDAY, OCTOBER 26, 2026, 7:00 P.M.
The regular meeting of the City of Swartz Creek city council is scheduled for October 26, 2026 starting at
7:00 p.m. and will be conducted in hybrid form. The meeting will be available virtually (online and/or by
phone). Council members and staff must attend in-person. The general public may attend in-person or
virtually.
To comply with the Americans with Disabilities Act (ADA), any citizen requesting accommodation to
attend this meeting, and/or to obtain the notice in alternate formats, please contact Jacquie Forrest,
810.635.4464, 48 hours prior to meeting,

Zoom Instructions for Participants
To join the conference by phone:
1. On your phone, dial the teleconferencing number provided below.
2. Enter the Meeting ID number (also provided below) when prompted using your touch-tone
(DTMF) keypad.
Before a videoconference:
1. You will need a computer, tablet, or smartphone with speaker or headphones. You will have
the opportunity to check your audio immediately upon joining a meeting.
2. Details, phone numbers, and links to videoconference or conference call is provided below.
The details include a link to “Join via computer” as well as phone numbers for a conference
call option. It will also include the 9-digit Meeting ID.
To join the videoconference:
1. At the start time of your meeting, enter the link to join via computer. You may be instructed to
download the Zoom application.
2. You have an opportunity to test your audio at this point by clicking on “Test Computer Audio.”
Once you are satisfied that your audio works, click on “Join audio by computer.”
You may also join a meeting without the link by going to join.zoom.us on any browser and entering the
Meeting ID provided below.
If you are having trouble hearing the meeting, you can join via telephone while remaining on the video
conference:
1. On your phone, dial the teleconferencing number provided below.
2. Enter the Meeting ID number (also provided below) when prompted using your touchtone
(DMTF) keypad.
3. If you have already joined the meeting via computer, you will have the option to enter your
participant ID to be associated with your computer.
Participant controls in the lower left corner of the Zoom screen:
City Council Packet

3

Octoer 26, 2026

Using the icons in the lower left corner of the Zoom screen you can:
 Mute/Unmute your microphone (far left)
 Turn on/off camera (“Start/Stop Video”)
 Invite other participants
 View participant list-opens a pop-out screen that includes a “Raise Hand” icon that you may use
to raise a virtual hand during Call to the Public
 Change your screen name that is seen in the participant list and video window
 Share your screen
Somewhere (usually upper right corner on your computer screen) on your Zoom screen you will also see a
choice to toggle between “speaker” and “gallery” view. “Speaker view” show the active speaker.
The City of Swartz Creek is inviting you to a scheduled Zoom meeting.
Topic: Swartz Creek City Council Meeting
Time: October 26, 2026 at 7:00 PM Eastern Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/83096401128
Meeting ID: 830 9640 1128
One tap mobile
+13017158592,,83096401128# US (Washington DC)
+13126266799,,83096401128# US (Chicago)
Dial by your location
+1 301 715 8592 US (Washington DC)
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
Meeting ID: 830 9640 1128
Find your local number: https://us02web.zoom.us/u/kz4Jb4etg
If you have any further questions or concerns, please contact 810-429-2766 or email

[email protected]
A copy of this notice will be posted at City Hall, 8083 Civic Drive, Swartz Creek, Michigan.

City Council Packet

4

Octoer 26, 2026

CITY OF SWARTZ CREEK
VIRTUAL (ELECTRONIC) MEETING RULES AND PROCEDURES
In order to conduct an effective, open, accessible, and professional meeting, the following protocols
shall apply. These protocols are derived from the standard practices of Swartz Creek public
meetings, Roberts Rules of Order, the City Council General Operating Procedures, and other public
board & commission procedures. These procedures are adopted to govern participation by staff,
councilpersons and members of the public in all City meetings held electronically pursuant to PA
228 of 2020. Note that these protocols do not replace or eliminate established procedures or
practices. Their purpose is to augment standing expectations so that practices can be adapted to
a virtual meeting format.
The following shall apply to virtual meetings of the city’s public bodies that are held in accordance
with the Open Meetings Act.
1. Meetings of the City Council, Planning Commission, Zoning Board of Appeals,
Downtown Development Authority, Park Board, or committees thereunder may meet
electronically or permit electronic participation in such meetings insofar as (1) the
Michigan Department of Health and Human Services restricts the number of persons
who can gather indoors due to the COVID-19 pandemic; (2) there is in place a statewide
or local state of emergency or state of disaster declared pursuant to law or charter by the
governor or other person authorized to declare a state of emergency or disaster.
2. All meetings held hereunder must provide for two-way communication so that members
of the public body can hear and respond to members of the general public, and vice
versa.
3. Members of the public body who participate remotely must announce at the outset of the
meeting that he/she is in fact attending the meeting remotely and by further identifying
the specific physical location (by county, township, village and state) where he/she is
located. The meeting minutes must include this information.
4. Notice of any meeting held electronically must be posted at the City Offices at least 18
hours before the meeting begins and must clearly explain the following:
(a)

why the public body is meeting electronically;

(b)
how members of the public may participate in the meeting electronically,
including the specific telephone number, internet address or similar log-in information
needed to participate in the meeting;
(c)
how members of the public may contact members of the public body to provide
input or ask questions on any business that will come before the public body at the
meeting;
(d)

City Council Packet

how persons with disabilities may participate in the meeting.

5

Octoer 26, 2026

5. The notice identified above must also be posted on the City’s website homepage or on
a separate webpage dedicated to public notices for non-regularly scheduled or electronic
public meetings that is accessible through a prominent and conspicuous link on the
website’s homepage that clearly describes the meeting’s purpose.
6. The City must also post on the City website an agenda of the meeting at least 2 hours
before the meeting begins.
7. Members of the public may offer comment only when the Chair recognizes them and
under rules established by the City.
8. Members of the public who participate in a meeting held electronically may be excluded
from participation in a closed session that is convened and held in compliance with the
Open Meetings Act.
MAINTAINING ORDER
Public body members and all individuals participating shall preserve order and shall do
nothing to interrupt or delay the proceedings of public body.
All speakers shall identify themselves prior to each comment that follows another speaker,
and they shall also indicate termination of their comment. For example, “Adam Zettel
speaking. There were no new water main breaks to report last month. That is all.”
Any participants found to disrupt a meeting shall be promptly removed by the city clerk or by
order of the Mayor. Profanity in visual or auditory form is prohibited.
The public body members, participating staff, and recognized staff/consultants/presenters
shall be the only participants not muted by default. All other members must request to speak
by raising their digital hand on the virtual application or by dialing *9 on their phone, if
applicable.
MOTIONS & RESOLUTIONS
All Motions and Resolutions, whenever possible, shall be pre-written and in the positive,
meaning yes is approved and no is defeated. All motions shall require support. A public
body member who reads/moves for a motion may oppose, argue against or vote no on the
motion.
PUBLIC ADDRESS OF COUNCIL
The public shall be allowed to address a public body under the following conditions:
1. Each person who wishes to address the public body will be first recognized by the
Mayor or Chair and requested to state his / her name and address. This applies to
staff, petitioners, consultants, and similar participants.
2. Individuals shall seek to be recognized by raising their digital hand as appropriate on
the digital application.

City Council Packet

6

Octoer 26, 2026

3. Petitioners are encouraged to appropriately identify their digital presence so they can
be easily recognized during business. If you intend to call in only, please notify the
clerk in advance of your phone number.
4. The city clerk shall unmute participants and the members of the public based upon
the direction of the mayor or chair. Participants not recognized for this purpose shall
be muted by default, including staff, petitioners, and consultants.
5. Individuals shall be allowed five (5) minutes to address the public body, unless special
permission is otherwise requested and granted by the Mayor or Chair.
6. There shall be no questioning of speakers by the audience; however, the public body,
upon recognition of the Mayor or Chair, may question the speaker.
7. No one shall be allowed to address the public body more than once unless special
permission is requested, and granted by the Mayor or Chair.
8. One spokesperson for a group attending together will be allowed five (5) minutes to
address the public body unless special permission has been requested and granted
by the Mayor or Chair.
9. Those addressing the public body shall refrain from being repetitive of information
already presented.
10. All comments and / or questions shall be directed to and through the Mayor or Chair.
11. Public comments (those not on the agenda as speakers, petitioners, staff, and
consultants) are reserved for the two “Public Comment” sections of the agenda and
public hearings.
VOTING RECORD OF PUBLIC BODIES
All motions, ordinances, and resolutions shall be taken by "YES" and "NO" voice vote and
the vote of each member entered upon the journal.

City Council Packet

7

Octoer 26, 2026

City of Swartz Creek
CITY MANAGER’S REPORT
Regular Council Meeting of Monday, October 26, 2026 - 7:00 P.M.

TO:

Honorable Mayor, Mayor Pro-Tem & Council Members

FROM:
DATE:

Adam Zettel, City Manager
October 21, 2026

ROUTINE BUSINESS – REVISITED ISSUES / PROJECTS
 MICHIGAN TAX TRIBUNAL APPEALS (No Change of Status)
We have an appeal from McDonalds. I discussed our strategy with Heather, and she
indicates that this is a smaller appeal that does not warrant the appraisals and investment
of some of the previous commercial appeals. She believes she can negotiate this at or
about an agreeable value based upon comparable properties in a recent survey that she
performed. I support this initial tactic and will report the results to the city council.
Note that Heather believes commercial appeals are on the rise, and 2027 is likely to be a
heavy year for appeals, though we have not yet experienced it in Swartz Creek.
 STREETS (See Individual Category)
 2025-2027 TRAFFIC IMPROVEMENT PROGRAM (TIP) (No Change of Status)
We are likely to submit a set of amendments to the TIP program for Elms Road. Though
our federal program dollars are fixed, our work scope has increased, along with the
price. As such, MDOT recommends we amend the TIP to include the new pricing, along
with the change in local match. We are also going to look to reclassify our construction
engineering federal match as construction match. This will enable us to forego the
burdensome third-party engineering issue (the stipulation that a federally funded
engineer must be observed by another engineer at the local community’s expense).
Lastly, and most importantly, we are going to seek the postponement of our project into
2028. This is because we are not likely to receive a response to our congressionally
designated spending submission for this project (along with the Miller sections) until
mid-2027. With that timeline, we cannot possibly start work in early 2027.
The previous report follows.
Elms Road is proposed to be bid in January of 2027 based on the current timeline. We
strongly expect this to be delayed if congressional funds are allocated to this project
prior to then, as it would tie the road into a larger investment down the road.
We have commenced a preliminary request for congressionally designated spending
(Senate) and Community Promotion Funds (House) to add necessary funds to our
projects. As of writing, it appears this request is to be combined with the county
application for funds to improve Maple and Elms near the Advanced Manufacturing
District. If these funds are awarded, we will likely need to push construction to 2028
and/or 2029..

City Council Packet

8

Octoer 26, 2026

The new table that includes the timeline, federal funding, and total costs is below. For
greater detail and context, see the January 12, 2026 council report.
Section
Miller
Elms
Miller
Miller

Repair Type
Concrete
Repair
Asphalt
Resurfacing
Asphalt
Resurfacing
Asphalt
Resurfacing

Beginning
East Springpoint
of Elms
South City Limits

End
475' East of
Tallmadge
North City
Limits

Morrish

Elms

Tallmadge

Dye

Year* Total Cost
2028
(2028)
2027
(2027)
2028
(2029)
2028
(2029)

Federal

Local

$668,502

$534,802

$133,700

$730,313

$470,800

$259,513

$1,287,581

$747,384

$540,197

$1,524,916

$1,114,256

$410,660

$4,211,312

$2,867,242 $1,344,070

*Years in ( ) are
payment years.

 STREET PROJECT UPDATES (Update)
This is a standing section of the report on the status of streets as it relates to our
dedicated levy, 20-year plan, ongoing projects, state funding, and committee work.
Information from previous reports can be found in prior city council packets.
Crack fill work is complete for 2026, and we are pleased with the results. We have the
same contractor lined up for 2027 and are seeking an early completion date, perhaps
May.
Road markings by M&M Pavement Markings are substantially complete. We will look to
get this done earlier in the year moving forward, provided we can get crack fill work
done prior.
The previous report follows.
Intensive rehabilitation has been approved for Church and Frederick Streets. The
contractor has notified us that they intend to push the project into spring of 2027 at the
provided pricing. Rob and I do not object to this. Since the work is an intensive
rehabilitation, additional street deterioration should not be a factor in the longevity of the
repairs.
Recent reports indicate that several Michigan tax revenue sources intended to support
the new road funding package are performing below original projections. In particular,
marijuana tax revenues appear to be significantly lower than anticipated. Because local
road agencies, including cities, receive funding after other allocations are made, any
shortfall in overall collections can have a disproportionate effect on the amount
ultimately distributed to local governments.
At this point, I do not believe there is cause for alarm, but the revenue trends warrant
close monitoring. If collections continue to fall short of projections, the anticipated
increase in local road funding may be substantially reduced and, in some scenarios,
local agencies could receive little or no net benefit from the program. Some analysts
and commentators have questioned whether the original revenue estimates were overly
City Council Packet

9

Octoer 26, 2026

optimistic, suggesting that projected collections may not have been fully aligned with
actual market conditions.
Until more data becomes available, it would be prudent to view future road funding
projections with caution and avoid relying on the full anticipated increase when making
long-term financial plans.
Road cores are being ordered up per the proposal approved on March 23rd. This will
provide valuable information regarding road and road base profiles, which will be used
to provide rehabilitation options for many major and local streets. We are going to
ensure the filling of the core holes is done properly.
 I-69 MDOT WORK (Update)
There is an update from MDOT which follows:
We are planning to close Miller from Nov 4th to December to complete patches
and painting, detours for this will be Elms (fully opened), Bristol to Miller Rd. I
will be working with our communications rep to get out a press release for this
closure. I also spoke to our operations about getting the conc section patched
as discussed, he is looking at how to write it to charge the job. I think we can
get this done.
MDOT indicated that they believe a full closure is necessary to complete necessary
work before the onset of winter. I indicated that our preference would be to maintain
limited traffic, but there are concerns about snow maintenance with a single lane open
in the construction zone, among other concerns. We also expressed a need to restore
some of the damaged road surface prior to having MDOT leave the site. They appear
to be open to this. I will be working with them on this matter further and will report any
closures and new timelines.
There is still work planned for 2027.
 WATER – SEWER ISSUES PENDING (See Individual Category)
 SEWER REHABILITATION PROGRAM (No Change of Status)
Dependable is in the city nearly daily and is getting through a large amount of sewer
cleaning and inspection.
We have had a couple of backups on the heels of our inspection program. One was in
Springbrook and may be the result of flushing the sewer lines of ‘ancient’ gravel deposits
that were left during construction to a point downstream.
In addition, we have run into a lot of grease on Miller Road that appears to be coming
from apartments. Rob is ordering them to inspect and report on their private system with
an independent contractor. We also intend to conduct public education through direct
distributions and our newsletter and the proper disposal of grease, wipes and other
materials. Please see the draft public service announcement.
The previous report follows.

City Council Packet

10

Octoer 26, 2026

Dependable has completed their initial phase of work in the city. This work only includes
the original ~3 miles of pipe that were approved.
They are now looking to inspect sections that do NOT include backyard easement work
(Winchester Village). This is approximately eight miles of line.
The mobilization fee to work in the back yards of the Village needs to be agreed upon
prior to engaging the rest of the work.
The previous report follows.
Based on the projected budget, we are going to look to expand our 2026 program from
~3 miles of inspections (1/8th of the 24 miles), to include the entire system not yet
cleaned or inspected (televised). We expect this to cost an additional $300,000 plus a
Winchester Village mobilization/access charge to work in the rear yards. This has not
been negotiated yet.
The previous report follows.
The following work is approved for 2026. The contractor agreement has been executed
and we await a timeline for commencement.

2026 Sewer Cleaning and Televising
Sewer Section

Footage

Otterburn Heights
Jennie Ln
Yarmy Dr.
Abbey Ln.

1657
1079
872
Total

Bristol Rd. 7335 West to Elms

3587
Total

Parkridge
Parkridge to Elms
Hickory to Parkridge
Birch to Parkridge
Mountain Ash to Parkridge
Red Oak to Parkridge
Locust to Parkridge
Silver Maple to Parkridge

3587
2461
426
417
412
403
403
343

Total
East Entrance to Kroger

4865
277

Total
Springbrook East
Alex Marin to Russell

City Council Packet

3608

277
393

11

Octoer 26, 2026

Lindsey to Russell
Russell from Alex Marin to Kroger Dr.
7260 Lindsey to Russell
Kroger Dr. to Miller Rd.
Maya to Miller
Maplecrest Circle

558
716
860
506
1378
186
Total
2026 Total

4597
16934

This is an ongoing program in which the city cleans and inspects about three miles of
collection system each year, over a six to eight year cycle. Areas that require additional
attention will be noted during the inspection and included in a rehabilitation or
replacement program. With most of the 1950s era clay pipes already lined, we are not
coming across many areas that require lining or replacement.
See the January 13, 2025 report for historic and conceptual details regarding the city’s
eight year inspection program.
 WATER PLANS (No Change of Status)
Our water Risk and Resiliency Study draft is complete. OHM will look to submit this to
the state this month. In addition, we have taken a first look at the water system
dashboard, which is the online information depository that will be the basis for our
master plan. We are pleased with the data provided, our progress on the system, the
modeled system function, and the recommendations for 5 and 20 year improvements.
In short, the city is in a good spot, and there is not much, if anything, that will require
investment in the coming years.
In addition to all of the water plans that are currently in the works, we will need to assess
the water tower again in early 2027. We have been conducting an inspection every five
years as a best practice to ensure structural safety and preservation. I expect to have a
proposal before the council in the fourth quarter of this year.
The previous report follows.
OHM is working on the water plans and studies that are required by EGLE and the EPA.
These include the Water Reliability Study (WRS), General Plan, Asset Management
Plan (AMP), Emergency Response Plan (ERP), and Risk and Resilience Assessment
(RRA).
The RRA should be done around June 1 (complete), with the ERP to follow those
findings. The current findings for the WRS modeling are resulting in some additional
field work. Work on this and the AMP will continue independent of the RRA/ERP and
result in the practical guide to water system improvements in the coming years.
 SEWER ASSET MANAGEMENT PLAN (No Change of Status)
We have three flow meters that are being installed to measure actual flows in our sewer
districts. This will help plan any future expansions and to track inflow and infiltration. We
affirmed that our first round of monitoring in districts 1, 2, & 4. This includes a Miller
City Council Packet

12

Octoer 26, 2026

Road connection to the interceptor that includes Heritage Village to the north; the Elms
Road connection that includes the commercial area at Miller; the First Street connection
that includes Morrish and parts of downtown and the raceway. These meters will be
available for three years and are expected to be relocated multiple times. As of writing,
districts 2 and 4 are installed and sending data. District 1 is expected to be installed
within a week. The previous report follows.
DLZ has added much detail to our GIS system. We are now at a point in which we are
troubleshooting some anomalies or inconsistencies in the mapped data. We are doing
so with field work. In addition, we expect them to be able to produce the first systemwide maps that indicate lining and inspection data, which will be very helpful in
assessing the system and optimizing ongoing maintenance.
After mapping of the system is found to be accurate, DLZ will proceed with documenting
a 20 year asset management plan. This will include a redistricting of our system based
on system changes over the last twenty years. The document will also make a
determination of theoretical flows based upon changes to the system since the last
districting process.
For complete details on this topic, see the June 23, 2025 report.
 SEWER INFLOW MITIGATION (Update)
I am including a mock invoice from the county for what they would have billed each
community in 2026 if their fees for Inflow and Infiltration (I&I) were active. As you can
see, we had a couple of very substantial rain events in 2026, and we still only
accumulated $2,000 in fees for the entire year.
With that said, we cannot justify the programming we were previously considering,
including the storage area or the footing disconnection program. It is far more efficient
to pay the fees than to invest in larger scale solutions. IN addition, the city is eligible to
recover these fees if investments are made into the system to reduce I&I. For example,
if we incur $5,000 in fees in 2027, the city could engage in another targeted footing drain
disconnect or seal some manholes. These expenses would be reimbursable from the
amount paid.
Moving forward, we will monitor our expenses to the county and seek proportionate
investments to offset any future fees. In addition, we will continue to find opportunities
to reduce all I&I in the system from all sources as a best practice. I will remove this
section from future reports pending any substantial updates. The previous report
follows.
As an alternative to removing individual footing drains as a means to reduce peak sewer
flows during storm events, we have approached the county about the installation of an
underground storage tank that could essentially function like a stormwater detention
pond for our sewer. They are open to this idea. If we can create a concept that would
store enough liquid during peak times, we might be able to manage all of our peak storm
flows with one project instead of 100s of individual footing disconnects. The previous
report follows.

City Council Packet

13

Octoer 26, 2026

We may pause proceeding with the program as it relates to financially supported footing
drain disconnects. At the last Water and Wastewater Advisory meeting, we learned that
the treatment costs and penalties relating to the 2025 storm events would likely only
amount to $1,000 to $6,000 in charges to the city.
The good news is that this level of charges/penalties is extremely small. The other
ramification is that, with footing drain disconnects estimated to average around $10,000
each, it is difficult to justify a program that actively funds the disconnection of these from
the system. We will spend the winter months working with the county to explore more
options. See the October 27, 2025 packet for greater details on the purpose and
methods or our potential program.
 GENESEE COUNTY WATER & SEWER MATTERS (Update)
Genesee County formally resolved to adjust their sewer rates upwards as indicated in
the October 12 packet. This has been a long time coming and is no surprise. As noted
below, I recommend no change. Unless the situation is altered or members of the
council seek to review this further, I will remove this from future reports. We will, of
course, monitor the new expenses against our current revenues.
Based on our initial math, we are looking at an annual increase to our total expenses of
about $130,000 annually. This includes $1 per month per unit as a readiness to serve
charge (~3,800 sewer units x $1.00 x 12 months = $45,600 annually). It also includes
an increase of $0.38 per 100cf of retail water usage. At ~5,500,000 cf per quarter, this
equates to $83,600 annually.
Fortunately, we have some wiggle room, as indicated in previous reports. As we have
accelerated our line cleaning and inspection, we have not encountered much that will
require capital investment, nor does a large investment in inflow and infiltration appear
necessary. As such, we were looking at a potential rate decrease in 2027. In lieu of
decreasing our rates, we will almost certainly be able to absorb this increase.
 HERITAGE VACANT LOTS (No Change of Status)
I received an inquiry about the purchase of one or more of our lots. Currently, staff is only
authorized to sell to J.W. Morgan per the action of the council in conjunction with the
Heritage Home Owners Association. If something formal is received, I will bring this to the
council. The previous report follows.
The city also has two more lots that were acquired through the tax reversion process.
Though the city cannot retain funds in addition to expenses for these lots, we are still
expected to sell them at market value. Listings in Heritage for vacant units are $10,000$12,000, but they are moving slowly.
 NEWSLETTER (No Change of Status)
The fall newsletter is out. Let me know what you think.
 CONSTRUCTION & DEVELOPMENT UPDATE (See Individual Category)
This will be a standing section of the report that provides a consolidated list for a brief status
on public and private construction/developmental projects in the city. Many of these briefs
are covered in more detail elsewhere in this report

City Council Packet

14

Octoer 26, 2026

1. (Update) The potential use of the raceway is a dead issue. It appears Consumers
cannot get power to the site in any practical fashion. I suspect this closes the door
on data centers in the city as we know them. If anyone wishes to follow up with this,
we can make this a discussion item at the next meeting (November 9). The previous
report follows. The Flint Genesee Economic Alliance is still interested in finding a
user for the raceway. They have a technology company that is looking for space in
multiple areas, and that company may approach the raceway about the availability
of the site. We get these often enough for this site that I do not wish to elevate the
status of this to a reasonable possibility for the present time, since the owner has
not displayed a willingness to engage in those discussions yet. Indications are that
the user is a 20 to 60 MW data center. Our understanding is that this is a smaller
‘legacy’ data center that requires minimal water and infrastructure, using less than
half the site. I stress that this is a superficial probe at this time with a number of
barriers to cross prior to seeking review by the community. There is NOT a proposal
or pending data center project in Swartz Creek at this time! Note that staff and other
officials are not negotiating or planning this in any way, and the community has total
latitude to create moratoriums, deny, approve, or approve with conditions any such
proposal at a future date. If this follows the pattern of other inquires for this site, we
have already heard the last of it. If the situation progresses, be assured that our
community and its council have the full range of options available to scrutinize,
regulate, or deny any such proposal. I do not recommend any action at this time.
We simply do not have enough information and there are no concepts, filings,
permits, or proposals to review at this time.
2. Street repair in 2026. Road repairs from water main breaks are complete, as is
crack filling. Frederick and Church are to be rehabilitated in the spring of 2027.
3. (Business Item) The Brewer Condos project submitted an incentive application
to complete the remaining twelve units. The DDA review committee met on June
9th with a generally favorable view of the application. Further deliberation with the
applicant occurred on June 24th. The full DDA board received information at their
August 13 meeting and again on September 10th. The board supported proceeding
with the request and directed staff to work with the attorney to complete a final
incentive agreement for the October meeting. The DDA DID recommend approval
of an incentive and agreement, which is now finalized with the city attorney and
included in the packet. Filed documents indicate that they have until early 2027 to
continue.
4. The current phase of Springbrook East is substantially complete. There has
been movement toward completion of the required easement documents as noted.
We did not get the easement dedication for the street and utilities to the council in
time for the state deadline. We still need proper survey instruments and affirmation
of the ownership, which we have been seeking for many months. The homeowners
association has taken concrete steps to resolve these issues, including the
retainage of FSE. Mr. Vertie Brewer with the HOA is very competent and
determined.
5. The southwest corner of Elms & Miller was seeing some increased activity. I
have not heard anything in many months, and I see much of list area listed as a
combined sale for ~$1,900,000.
6. (Update) Park Projects. We have signed an agreement for construction services
for Otterburn, and have been given the notice to proceed. The updated schedule is

City Council Packet

15

Octoer 26, 2026

included below. We expect pickleball court expansion at Elms and numerous
maintenance updates at Abrams, including a new drinking fountain. We are working
with the historical society on new interpretive signs for some of our park facilities.
7. (Business Item) New Businesses. A zoning change is proposed for 5472 Miller
(next to the Wistuba building across from Genesee Valley Golf Course). They
propose to expand onto the vacant land next door. This was recommended for
approval at the October 6th meeting and will be a business item for the city council
on October 26th. I expect one of our local medical offices to pursue a site plan
application to expand soon.
8. (Update) Mundy Megasite (Advanced Manufacturing District). Trees are being
planted along some borders of the site to function as a buffer for any potential
development. I observed this initially along Linden Road. It appears that Consumers
Energy is proposing a temporary sub-station on the site, but this was turned down.
Another offer was provided to the schools to sell Morrish Elementary. The school
did not accept this offer. The Genesee Economic Alliance maintains efforts to find
a user and continues acquisition and demolitions. Multiple parties are seeking to
improve and increase capacity for Maple Avenue and Elms Road through specific
state and federal funding plans. This might include the city’s portion of Elms, south
city limit to Miller.
9. (Update) The Holland Square project is nearing completion, with lighting and
sound crews to mobilize any day now. Signs, planters, and plaques are in the
process of final order, with most awaiting delivery.
10. Wayfinding & Branding Signs are budgeted and approved for acquisition and
installation by the city and the DDA. We are looking to install a couple ‘pilot’ signs
that will include one jurisdictional marker and the public safety building sign. Once
we determine the quality is good, we will order more. We should see some strong
movement on this in 2026 and 2027.
11. (Update) The Social District was approved for a two-year trial. The state has
approved this district so we can expect applications from our taverns soon. We are
still finalizing graphics. Once complete, we can onboard our license holders and
sign the district.
12. Old Methodist Church abatement is complete. I am exploring brick restoration
options. The MEDC is covering designs costs to create a scope of work and bid
specs. This scoping work is underway, and the architect was onsite on September
23rd.
13. I am recommending that the city create Short Term Rental Regulations in our
zoning code. While our community is not poised to have much interest in this for
routine visitors, I have fielded a couple inquiries in the last month; one for downtown
and one for Winchester Village. Our ordinance limits transient housing to hotels,
motels, and B&B’s. We need to be more explicit and up to date to protect
neighborhoods and to comply with the changing state law.
 REDEVELOPMENT READY COMMUNITIES (No Change of Status)
The MEDC has reduced their workforce by 15%, which is very substantial and includes one
of our closest contacts. I am not sure how this will impact our programming or access to
funds. For now, it appears we are still funded for the brick work project scoping.
The MEDC agreed to fund design and bid specifications for masonry work at the church.
This program is still a staple in our development toolbox. Though the future of the program

City Council Packet

16

Octoer 26, 2026

may be somewhat in doubt because of legislative and other action, they remain a great
partner. I encourage our council to note the success of this program to our legislators.
 OTTERBURN PARK (Update)
We have a schedule for the Otterburn Park work. We are not pleased with losing the 2026
season, but our only other option is to rebid at this point, which will not alleviate the delay.
The proposed schedule follows:
Staking Starting week of October 19
Silt Fence Week of October 26
Clearing End of Week of October 26
Submittal for alternate pavilion end of week of October 19
8-10 week Delivery
Submittal for alternate restroom end of week of October 19
6 month Delivery
Note that the initial delay was due to the late release of funds by HUD. This made the
acquisition of the pre-fabricated structure components difficult, with lead times going from
60 days to about 200 days. The previous report follows.
The previous report follows.
The notice to proceed has been given. Work can start any day. However, we have hit yet
another snag. It appears the pavilion materials are a 2-3 month order and the pre-fab
bathroom is a 10 month order! With that said, we are looking for substitutes that will allow
us to proceed with change orders this summer/fall. If not, we do have the ability to
construct in 2027 and still comply with the DNR grant. We would prefer not to drag this out
if we do not have to though.
The city accepted the low bid from Glaeser Dawes in the amount of $574,025.15. We have
sufficient funds from the DNR, HUD, and donations to cover all proposed construction
expenses. Preliminary and construction engineering services have previously been
approved and budgeted by the city.
The water service and sewer services have been installed.
The project now includes a pavilion, restrooms, a path, bike station, gates, sign, and ADA
parking. The estimated total cost is close to $600,000. Our grants include $283,000 from
HUD and $290,000 from the DNR, in addition to donations. This concept includes all
original work items, excluding the disc golf and sledding hill (now complete), as well as a
secondary pavilion on the far north side of the site, which is not affordable.
 WAYFINDING PROJECT (No Change of Status)
Signs are budgeted and approved for acquisition and installation by the city and the DDA.
We are looking to install a couple ‘pilot’ signs that will include one jurisdictional marker and
the public safety building sign. These have been delivered and are awaiting installation.
We have also ordered the ‘flag panel’ signs for the pergola and some public parking signs.

City Council Packet

17

Octoer 26, 2026

Once we determine the quality is good, we will order more. We should see some strong
movement on this implementation in 2027.
The cost for the signs as approved is estimated to be $88,858.80 as split by the city and
DDA. Note that this is not necessarily a 50/50 split. The DDA will cover the cost of signs
in their jurisdiction. This round of signs does NOT include many components of the master
sign plan (monument signs and civic campus signs), but it will conclude the bulk of all
wayfinding needs until existing signs require replacement (city offices, Elms Park, etc.).
Please see the consultants original design work here and the original sign location plan
here.
 HOLLAND PROJECT (Update)
Work on the structure has been completed, and our MSHDA grant has been successfully
closed! Personally, I think it looks great, and I applaud our architect and builder! We were
under a pretty extraordinary timeline and had some unforeseen challenges. We do
recognize that the concrete work was a challenge based upon the available approaches to
the area for smoothing, but we can accept it.
The DDA approved lighting and sound purchase and installation at their meeting on
September 10th. There was a pre-installation meeting onsite on Friday, October 9th. This
went well.
Planters have been ordered, and we are finalizing plaques and the banner poles. This will
complete the project, hopefully before the Christmas Parade.
The previous report follows.
Getting to this point, there have been challenges. We had some deadline issues, which are
behind us, as well as some change orders. On the bright side, we exceeded our fundraising
budget and even got some donated gutter systems, which we did not expect. So, we have
had some ups and downs.
The bad news is that we are likely to eat through all of the contingency funds. Due to some
discoveries with the existing footings for the masonry columns, it became necessary to
conduct a rather large excavation to install the engineered footings of the structure. While
this change was under $10,000 and actually assisted in the placement of electrical conduit,
it now requires a substantial surface replacement. We installed 4” reinforced concrete at a
cost of $34,680. While this will certainly be a surface improvement, it does take a big chunk
of additional expenditure.
Overall, the budget for the entire project is $435,102. The structure and flat work is
complete with $312,055.00 spent so far. This leaves $123,047 for electrical, audio/lighting,
signs, and hardscape amenities. This should be about right, but things are getting tight.
Again, with fundraising exceeding expectations, we should still have a project before us
that is on time and budget.
With the structure up, many folks have asked where the Christmas tree will go. After viewing
the area, speaking to the DPW, and consulting with some DDA/Park Board members, we

City Council Packet

18

Octoer 26, 2026

actually think that placing the tree under the structures elevated east end is worth a shot.
Let us know what you think.
See the February 23, 2026 packet for prior project details.
 SPRINGBROOK STREET DEDICATION INQUIRY (No Change of Status)
I attended the annual meeting of the homeowners association for Springbrook Colony. The
road issue was not an official item of business, but I was able to speak with some folks
about the matter.
It appears there is still interest in moving in this direction, but there is no rush to do so. In
the meantime, they have budgeted funds to rehabilitate Springbrook Drive, which is a
massive investment. I will be liaising with them to ascertain if our assistance with planning
or observing construction is requested as it was for Crosscreek Drive.
See the September 14, 2026 and October 14, 2024 reports for all the details of this
request, as well as a historical and contextual narrative.
 GENESEE COUNTY FORECLOSURES (No Change of Status)
The property at 7484 Wade Street has been vacant for over one year. Under our
ordinance, the non-conforming use is no longer permitted. Any future occupancy and use
must comply with the zoning code. We have sent a letter to the owner of record informing
them of this. The previous report follows.
The Genesee County Land Bank has taken possession of Wade Street property. Some of
us were able to tour the site on April 21st. While the building appears to be structurally
sound (floor, most of the roof, walls, etc.), we believe a massive amount of work (funds)
would be needed to bring this building into a state of environmental and code compliance,
even for storage.
I am following up with other Land Bank contacts regarding the potential for a demolition or
sale, to us or another party. They were initially unresponsive. After some political prodding,
I received a trio of calls from the Land Bank the week of May 11th, indicating that they
would respond to our inquiries. Since then, we have been asked to submit an offer form.
We did so with the understanding that there is not a committed offer, and they require this
as a formality to proceeding with discussions. We have not heard anything of substance
from them since.
I have lost nearly all confidence in the Land Bank to properly administer this site from an
environmental, maintenance, or sale/disposition perspective.
Despite this, we will continue to seek environmental information and to work with the Land
Bank for a future use strategy. Based on prior discussions, we are working with
neighborhood stability being the top priority (noise, appearance, contaminants from the
site). Potential use by the city is also a priority. Potential use/taxes by a third party comes
in as a lower priority.
 PARKRIDGE DRIVEWAYS (No Change of Status)

City Council Packet

19

Octoer 26, 2026

We should get full compliance on this issue. One owner that met this action in court has
agreed to a consent judgement to correct the issue. The remaining owners have done so
voluntarily or are on voluntary timelines for compliance. See the September 22, 2025
packet for full details.
 CONSUMERS ENERGY FRANCHISE & DISPUTE (Business Item)
I was able to get an alternate contact for the Hill Road issue. I ask council to enter a closed
session to discuss correspondence from the city attorney related to this matter in order to
avoid any detrimental financial effect that could occur as a result of holding such a
consultation in open session. A resolution is included to do so.
Concerning the franchise agreement and Consumers Energy meeting attendance, my
request has been forwarded to another department. I have not heard anything yet though.
Note that the agreement expires on October 14th. After that date, I expect things to function
with the status quo, but that does not diminish the need to formalize our relationship with
CE. The previous report follows.
We continue to work through our primary claim with CE, which relates to costs incurred for
the water line damage during CE work on Hill Road in late 2025. Our attorney is working
on a strategy to optimize the outcome for us. As of writing, they have not responded to his
statements or calls, nor has the governmental liaison been able to attend one of our
meetings to discuss the next thirty-year franchise. I have requested this multiple times.
The current franchise expires on October 14, 2026. The previous report follows.
I cannot describe how little cooperation we are getting from Consumers Energy. The
actions of the company, inconsistencies in what is communicated, and lack of
accountability are so extreme that one questions if it is being done on purpose. I cannot
fathom an organization being so poorly run in concept, but it is happening in real time. It
is getting worse.
With that said, they finally responded to our request to reimburse the city for the Hill Road
damages that occurred last November as a result of a CE gas crew excavation. They place
the fault with the city for not marking the water lines properly. However, they still indicate
a desire to split the cost.
I have instead directed Chris Stritmatter to prepare a claim for the Michigan Public Service
Commission and a court of jurisdiction (if appropriate). While the cost of this specific matter
is important, I believe it is more important to disrupt the pattern of behavior from CE in
which they deny fault and place blame elsewhere for all (or nearly all) right of way conflicts.
As such, I believe the breaking of this cycle as the norm has immense value to our
community and all similarly situated communities in Michigan.
In short, our repeated attempts to normalize a relationship with CE based on shared
responsibility, respect for assets, prompt communication, and fair expectations has fallen
short. I do not see the situation improving and the results drain our staff time, financial
resources, and ability to efficiently use the city’s right of way. I will work with the city
attorney to pursue an improvement in the relationship. I will also look to liaise with area
municipalities and Protec to further advocate for institutional changes to the treatment of

City Council Packet

20

Octoer 26, 2026

right of ways. If council members wish to discuss this further, please let me know and we
can add this as a discussion or business item at any time.
Note that CE did reach out on July 9 to further discuss the specific issues and to hear
concerns about the larger pattern of behavior. I have no reason to believe this will
meaningfully alter the partnership at this time.
The previous report follows.
As our attorney reviews their request, we have actually had some difficulty with CE.
Notably, their crews hit a marked water service and culvert on Hill Road this winter, which
we repaired at a cost of over $25,000. I have been having discussions with CE about this
specific issue (seeking reimbursement), as well as the issues we face in sharing utility
corridors with CE in general.
The previous report follows.
The franchise agreement that the city has with Consumers Energy to set the terms and
conditions under which they provide electric and gas service in the city expires this year.
They have requested to renew this, and I have our attorney’s office reviewing that request.
I am seeking to ensure we have the most favorable terms as it relates to ensuring proper
service to residents and to ensuring appropriate use of our right of ways.

 CONGRESSIONALLY DESIGNATED SPENDING (No Change of Status)
Our project has been consolidated into a matching application for the previously mentioned
Build Grant that the Genesee County Road Commission is pursuing to improve Maple
Avenue and Elms Road. Subsequent and amended applications have been submitted. It
appears the combined projects are listed as fundable in congressional reports, but the
amounts are lower. I will keep the council informed. The previous report follows.
I have submitted a preliminary request to Representative McDonald Rivet’s office for
Community Promotion Funds. These are the funds that our elected officials can often look
to provide through established federal programs, such as the HUD funds for Otterburn. In
the Senate, they are referred to as Congressionally Designated Spending.
I believe our best and most fundable project is the road work for Miller and Elms Roads.
This set of projects is partially funded already, has regional impact, is very visible, and is
nearly shovel-ready status. Because of the proximity to the Advanced Manufacturing
District, this submission should carry some positive weight. We will likely be working with
Senator Peters as well so that there is a working advocate in both the Senate and the
House.
 REGIONAL TRAIL PLAN (No Change of Status)
We received a communication that affirms the Swartz Creek Creekview trail in the regional
plan for Early Preliminary Engineering (EPE). I am including this in the September 14,
2026 packet. The previous report follows.
I spoke with the Genesee County Metropolitan Planning Organization staff again after our
initial meeting with ROWE. It appears that GCMPC are going to complete very preliminary

City Council Packet

21

Octoer 26, 2026

engineering (10% concept engineering) for many of the trails in the legacy network. This
includes our stretch between Miller/Elms and Morrish, along the creek. At this point, there
is nothing we need to do. They will seek out a professional to complete this work in a
package with other projects.
At some point, we may be asked to opine on some findings or provide direction. Eventually,
we will be making decisions on our commitment to the trail and what form that will take.
For a first step, I am very happy with this. The previous report follows.
A few months back, I reported that our creek trail (Elms to downtown) was noted as a
relatively high priority regional trail for the region in their new plan. Given our current
commitments for recreational spending and grants, we have not elevated the acquisition
of easements or design for this segment based on that alone. However, the Mott
Foundation announced $25M in funding for this trail plan, with apparent commitments for
additional funds in the future.
This is huge. If the city can work with grant funds to support much of the trail, we may be
able to move this quickly and without the known obstacles of dealing with federal funds.
As such, I have started conversations with Rowe PSC regarding preliminary engineering.
I also have reached out to one of the more prominent land owners along that route to set
the table for easement discussions.
This project could move quickly or not at all, but we will be prepared for those scenarios
and all the space in between. I will keep the council informed.
 GAINES FIRE DEPARTMENT (No Change of Status)
Chuck Melki, who represents Gaines Township in some regards, approached the Fire
Board on July 20th about shared fire services. An exploratory meeting was held on the 27th
of July with the chief, Rae Lynn Hicks, and Tom Spillane to discuss the matter. Chief Plumb
also addressed the city council on July 27th. There have not been any further updates
since that meeting. The original report follows.
The Gaines Township Fire Department is going through a period of transition that is
stressing their resources. Recently, the township board hired a new chief, and this
apparently resulted in many resignations. My understanding is that the department is still
staffed and functional, operating with 8-10 members (SCAFD operates with about 25 in
recent times).
Recent events have resulted in a lot of political statements, social media chatter, and so
on. Notably, statements have been made that Gaines Fire is no longer responding to calls
and SCAFD is doing everything. Chief Plumb assures me that this is not the case. Gaines
is still deploying for runs, and our department backs them up through automatic mutual aid
(AMA) as necessary. Given the circumstances, this has been more frequent in recent
months due to staffing anyway (SCAFD was deployed to a brush fire in Gaines because
only two members were able to respond BEFORE the resignations).
Moving forward, Chief Plumb is focusing on meeting AMA obligations and separating his
staff, the department, and our communities from the political currents of the situation.
However, some officials from Gaines Township have reached out to myself and Chief

City Council Packet

22

Octoer 26, 2026

Plumb, and they indicate that there may be an official interest petitioning Clayton and
Swartz Creek to expand the fire board to include Gaines Township.
Procedurally, any discussion about providing contractual services or expanding the
authority will be a decision by Clayton and Swartz Creek at the legislative level. I
recommend the fire board and city remain as observers only until and if a formal request
for such service or inclusion is received from the township (village). If such a request is
received, I DO recommend that the city work with Clayton to consider this as a serious
option that could provide enhanced fire service for all three communities.
Chief Plumb’s initial finding is that the potential to contract services to Gaines in the interim
and to evaluate the potential for board expansion are very feasible. If township leadership
in Gaines pursues this, our communities could begin to explore shared services while
under a short term service provision agreement, with final findings available in about 1218 months.
Some additional notes to consider: Gaines used to participate in the department but
withdrew years ago. Consolidation has many benefits, especially with lower paid-on-call
participation than ever before. The politics of the current situation may or may not have
the requisite degree of permanence. Gaines Village apparently contracts with Gaines
Township and will require representation at some level.
I will keep the council informed.
 WEB CONTENT ACCESSIBLITY GUIDELINES (No Change of Status)
The Department of Justice (DOJ) has adopted new accessibility requirements under Title
II of the Americans with Disabilities Act (ADA) that apply to local government websites,
mobile applications, and other public-facing digital services. Communities with populations
under 50,000, including the City of Swartz Creek, must comply by April 26, 2028.
The new rule requires public-facing digital content to meet the Web Content Accessibility
Guidelines (WCAG) 2.1 Level AA standard. This includes City websites, online forms,
payment portals, agendas and packets, downloadable documents, and other digital
services provided to the public.
If you are not familiar with WCAG, please watch this video. These guidelines are put in
place to enable web users with disabilities to access content and services. Primary
examples include the need for a screen reader to be able to read all text and describe
imagery to a blind user, or for meetings to include closed captioning for a deaf user. In
practice, this would mean that our budget book and council packets would have to be
formatting appropriately in word for reading, each image or graph would need to contain
an embedded description, and scans of any content would need to be converted to digitally
readable and describable content.
These document and form augmentations are not something we currently provide. We are
not alone and are probably better situated than most comparable cities because of our
new website, reliance on Formstack, and digital document creation techniques. While
certain limited exemptions exist for archival records, older social media content, and some

City Council Packet

23

Octoer 26, 2026

third-party materials, the majority of City-provided digital content will be expected to meet
accessibility standards.
Staff's initial review indicates the City's website was redesigned with accessibility
considerations in mind; however, accessibility of PDF documents and other posted
materials will require additional attention. Given the volume of agendas, packets, reports,
and historical records maintained by the City, compliance efforts may require significant
staff time and/or software solutions to ensure documents are properly formatted and
accessible.
Over the coming months, staff will continue evaluating current practices, reviewing
available compliance tools, and identifying any budgetary or operational impacts
associated with implementation. While this sounds daunting, I suspect third party AI tools
and services will greatly assist in enabling implementation and/or allowing end users to
garner accessibility themselves (e.g. AI is becoming more advanced and will likely be able
to interpret old scans, text, and images without additional interpretation or formatting). We
will start with ensuring our primary vendors are compliant and look for conversion tools
from existing providers, such as our online ordinance codification service.
Additional updates and recommendations will be provided to Council as more guidance
and resources become available.
 OATH OF OFFICE LEGISLATION (No Change of Status)
The state has passed legislation that alters the term start dates for local councils. This will
have the effect of extending current terms and delaying the start of new terms for the
coming election cycle in November. Where our newly elected officials typically take office
at the meeting following the election, the state law provides that such terms will now start
after the 1st of December.
In addition to extending the current terms, this will also result in the extension of appointed
board and commission positions that are typically proposed by the Mayor at the second
November meeting. I am including some correspondence with the city attorney on the
proper procedure for managing these term extensions, as well as a statement by the
Michigan Municipal League (below).
“Following overwhelming bipartisan support, Governor Whitmer signed the long-awaited
Oath of Office legislation. HBs 4358–4359 and SBs 240 and 241 are now Public Acts 1720.
Together, the package addresses a conflict between state law and some municipal
charters because of Proposal 2 implementation. Clerks must account for ballots that come
in six days following an election and as a result, municipalities with language in their
charters requiring newly elected local officials to be seated the week following an election
would be doing so prior to actual certification.
Public Acts 17-20 are intended to create a more uniform term start date and ensure that
elected officials are not sworn in until voting results are certified. Specifically, term start
dates are to commence no earlier than 12 PM on the first day of the month following an
election.

City Council Packet

24

Octoer 26, 2026

The legislation has no impact on municipalities that already seat their officials on or after
this date. No municipal charter amendments are required.” -Dave Hodgkins, MML
 BS&A SOFTWARE UPDATES (No Change of Status)
We have engaged BS&A in the conversion from the .NET system to the Software as a
Service system. We hoped to convert on or about April 1, 2027, but this has been pushed
back to May 17, 2027 due to availability. Our first meeting with them on the transition was
on September 8th and went well. This process will move slowly. Staff training should begin
in March, data transition will begin the week of May 10, 2027, and the big move will be
Monday, May 17. We DO expect some transition errors, delays, and the standard slate of
expected but ‘unexpected’ problems.
See the August 10, 2026 report for full details of this move.
 OTHER COMMUNICATIONS & HAPPENINGS (See Individual Category)
 MONTHLY REPORTS (Update)
Monthly reports are included.
 BOARDS & COMMISSIONS (See Individual Category)
 PLANNING COMMISSION (Business Item)
The commission met on October 6th to consider a request for rezoning of 5472 Miller.
The ask is to rezone vacant land next to Wistuba lawncare from Single Family
Residential to light Industrial. The commission recommended approval of the zoning
change as a conditional zoning request. This is on the agenda for the council to
consider in tandem with an agreement that imposes conditions upon the zoning
change. As recommended, this will include combination of the subject parcel with the
adjacent industrial parcel and approval of a site plan within twelve months.
I am including the zoning request, the review letter, the draft minutes, the conditional
agreement, and an affirmative resolution in the packet.
The commission may be getting another site plan for a medical office expansion this
year, but this seems less likely with the passing of time. Their next scheduled meeting
is November 10, which is delayed one week due to the election.
I think it would be prudent to have the Planning Commission review a draft of an ebike/scooter ordinance and a short term rental ordinance in the coming months.
The master plan is due to be reviewed in 2027. I will look to budget funds to do so with
the understanding that this should require only small revisions.
 DOWNTOWN DEVELOPMENT AUTHORITY (Update)
The DDA met on October 8th. They approved a façade grant to install a patio for Feather
n’ Fin, which should be partially installed this fall. They are also recommending the
installation and addition of two decorative lights on Holland Drive (see below), which are
before the city council at this meeting, along with the consideration of approval of an

City Council Packet

25

Octoer 26, 2026

incentive for the Brewer Townhomes (see below). Their next meeting is scheduled for
November 12th.
 ZONING BOARD OF APPEALS (Update)
The ZBA approved a variance at their July meeting. The ZBA granted the variance with
conditions. For full details, see attached minutes and the ZBA packet. There was not an
August, September, or October meeting. Their next regular meeting date is November
18, 2026.
 PARKS AND RECREATION COMMISSION (Update)
The park board met on September 15th. The board directed staff to expand the
pickleball at Elms Park by adding four courts to the east of the current courts. They are
requesting additional fencing and pavement markings to improve the experience. This
will eliminate the westernmost basketball court, which was damaged this summer and
is not currently in operation.
They also conducted their annual review of the rules and reservation form, including
pricing. These were approved by the city council for the 2027 season.
The group will be awarding four homes with honors for Halloween decorations.
The board did not meet in October. The next regular meeting is set for November 17th.
 BOARD OF REVIEW (No Change of Status)
The Board of Review met on July 21st to review poverty exemptions. They reviewed two
applications and granted one a 100% exemption. There were no qualified errors to
review.
 CLERK’S OFFICE/ELECTION UPDATE (Forrest) (Update)
 Early Day Voting starts October 24, 2026 at city hall council chambers from 8-4 pm
through November 1, 2026 every day. Residents can vote in-person and can also bring
their absentee ballot to run through the tabulator if they choose to.
 As of October 22, 2026, we have received over 759 returned absentee ballots of the
1418 that have been sent out.
 The General Election is on Tuesday, November 3, 2026. The city of Swartz Creek
residents can vote in-person at the Swartz Creek Community Church located at 7400
Miller Rd. from 7 a.m. to 8 p.m.
 Please return your absentee ballot to the city hall office and make sure you have signed
and dated the outer envelope. You still have time to get an absentee ballot. Come into
the clerk’s office any time during office hours with your photo I.D.
 If you have any questions concerning the election, your voting precinct, or our election
process for the city, please contact the clerk’s office anytime at (810) 635-4464.
 DEPARTMENT OF COMMUNITY SERVICES UPDATE (Bincsik) (Update)
 Wood chipping
 ROW political and advertisement signs removed (multiple times)
 Non read meter replacement appointments
 Rental inspections
 Miss Digs staking

City Council Packet

26

Octoer 26, 2026






















Monthly Paragon samples
Street Sweeping leaves
DPS has asked Dependable to cut out the folded portion of the liner on Miller Rd and
install a spot liner
Winterized hydrants
Restoration at Abrams Park around pavilion
Painted Cemetery wall
Repaired a faucet at Abrams Park
Assisted Rick Henry installing new ropes on the Veterans Memorial flag pole with the
bucket truck
Watered mums
Fall cleanout of flowers and hanging baskets
Painted Kiwanis bench @ City Hall
Completed painting the trim around the garage doors at the Public safety building
Programmed garage door openers for public safety
Installed a stop sign at Alex Marin and Russell
Put out women’s club craft show signs
Gaines elementary school sample
Set up and cleanup for the Jeepers Creekers Halloween event. DPS had our backhoe
and an employee there handing out candy with Crosswalk Carl
Updated GIS points for several fire hydrants
Replaced thermostat at the church
DPS worked with Dawes to repair water main break on Elms Rd

 TREASURER UPDATE (Nichols) (Update)
With our bank conversion complete, I did a quick audit of our interest income for the last
few years. Following is a short recap of all funds totaled.
FY23: $79,105
FY24: $223,749
FY25: $417,797
FY26: $413,204
FY27: $130,914 (First quarter of FY27.) We are on a really great investment path and it
is very exciting to see the growth so far.
Summer property tax payment due date has passed, and we are gearing up for the Winter
season. Routine operations include, but are not limited to, processing payments for utility
bills, tax bills, delinquent personal and qualified real taxes, building permits,
daily/weekly/monthly journal entries, bank wires, review/approval of accounts payable
invoices, issuance of building permits and rental inspection collections, processing payroll,
accounting for grants and projects and other financial matters impacting the city.
 ECONOMIC DEVELOPMENT UPDATE (Dietrich) (Update)

Met with Congressional Staff to submit letters of support from Sen Cherry, Flint &
Genesee Economic Alliance and Curbco for a City and Genesee County joint request
through Congresswoman McDonald Rivet for $900,000 in federal funding to support
expanded roadway improvements along Miller Road. This request is currently being
debated in committee.

Senator Peters has included our Miller Road appropriation request and has been
included in the THUD Committee in the THIP line item in the amount of $4M.
City Council Packet

27

Octoer 26, 2026








Considering how Congress has approved previous continuing resolutions, we should
see if our request is funded by early next year.
Volunteer groups are signing up to support Family Movie Night, which began in June.
In addition, a $5000 donation and a $7,500 from the Community Foundation of Greater
Flint was awarded for the Pergola this month.
Bella’s Book Nook was awarded $980.00 from MEDC’s Match on Main program. We
look to finalize the reimbursement within the next two weeks.
Phase 2 should start this month as the DDA approved funding for sound, lighting and
accessories.
Grant submission for $10,000 was submitted through the Consumers Energy
Foundation for the sound and lighting for the Pergola.
Patronicity application for the pergola has been closed with pictures featuring Jeepers
Creekers event and final budget cost.

NEW BUSINESS / PROJECTED ISSUES & PROJECTS
 CDBG (Business Item)
We have the next three-year Community Development Block Grant (CDBG) cycle planning
phase upon us already, even though this will not commence for another two years (October
2028). We posted a notice for a public needs hearing for October 26th to stay on the
December submission timeline. This is the first step to using federal CDBG funds for the
next cycle, whether it is on senior services, infrastructure projects, or other purposes. The
needs hearing will seek comment on prior and potential projects. Using this information, we
will submit a pre-application packet to the Genesee County Metropolitan Planning
Commission.
We are in line to receive an estimated total of $38,433 for the next three-year allotment.
This is an increase over the ~$34,000 from the last cycle and a decrease from the earlier
cycle, which was $42,025. Up to 30% of the allocation total can be allocated to the senior
center, which the city has generally observed.
The current eligibility maps do not show any low/mod income areas in the city, which makes
these dollars tougher to spend, just like the last cycle. Without such qualifying areas, we
are limited to spending money on senior operations, ADA improvements, blight removal, or
other accepted programming as outlined in the CDBG packet. Given our circumstances, I
recommend we apply to put 30% of our allocation to the Swartz Creek Area Senior Center
($11,530) and the remaining funds to ADA features on public property ($26,903). This could
be ADA paths from parking to pavilions in the parks, sidewalk ramps in public right of ways,
or the reduction of other known ADA barriers.
After the hearing and pre-application, we will get affirmation on project eligibility soon after,
resulting in the need for a final resolution for a specific project on at our last December or
first January meeting, depending on the timing.
An important attribute of these funds is that they require federal prevailing wages, among
other federal requirements, which would apply to all costs associated with any such project.
These funds are not easy to bid, award, or spend. Therefore, it is more fiscally prudent and
procedurally practical to use the funds on a smaller, isolated project than as part of a larger
investment, such as a streetscape.
City Council Packet

28

Octoer 26, 2026

Past projects included decorative lighting, streetscape activities, sidewalks, the
amphitheater accessible viewing platform, and sign purchases.
Concerning the current cycle, we have closed out our amphitheater project, so that portion
is complete. The senior center is in the process of expending year one of three funds, and
they have another cycle that ends in September of 2027 and one in September 2028.
 HOLLAND DRIVE STREET LIGHTS (Business Item)
The DDA has been working with some representatives of the Swartz Creek Area Historical
Society as it relates to lighting on Holland Drive. It has been found that Holland Drive and
parts of Bicentennial Park are darker at night than preferred. After months of deliberation
at the DDA level, with input from the SCAHS, the DDA is recommending installation of two
lights on the east side of Holland Drive.
The cost to install these lights is over $10,000, and the DDA is agreeable to covering this
initial charge, provided that the city is able and willing to amend the street lighting contract
to take on the monthly expenses for these lights. I believe the current charge for these is
around $15 per month.
I am including the agreement amendment, invoice, lighting, map, and a resolution in the
affirmative in the packet.
 BREWER TOWNHOME INCENTIVES (Business Item)
I am recommending that the city council provide final approval of a Tax Increment Financing
(TIF) Development Agreement between the Swartz Creek Downtown Development
Authority (DDA) and RBF Holdings, L.L.C. for the completion of the Brewer Townhomes
development.
This project has been under consideration by the DDA for several months, beginning with
a formal review of the developer's incentive application in June. The proposed incentive is
intended to facilitate construction of the remaining twelve townhome units, completing a
significant residential redevelopment project within the downtown district.
The DDA's incentive review committee met on June 9 and June 24, 2026, to evaluate the
application, project finances, development feasibility, and potential public benefits. The
committee determined that the project was desirable and that financial assistance was
warranted to address the anticipated gap between development costs and sales revenues.
The committee subsequently directed staff to work with the applicant and city attorney to
prepare a development agreement that would provide assistance while protecting the
financial interests of the DDA and city.
The resulting agreement has undergone additional review by the DDA, including
consideration at its September and October meetings. On October 8, 2026, the DDA
approved a resolution approving the agreement and recommending its approval by the city
council.
The incentive is structured as a reimbursement of eligible development costs using future
tax increment revenues generated by the project. Under the agreement, the developer may

City Council Packet

29

Octoer 26, 2026

receive ninety percent (90%) of the applicable DDA tax increment revenues attributable to
the twelve additional units, for a period of up to eighteen years, or until the eligible
reimbursable costs and applicable interest have been paid, subject to the terms of the
agreement.
Importantly, the incentive is not an upfront payment or a commitment of existing city general
fund revenues. Rather, reimbursement is dependent upon the developer completing the
improvements, documenting actual costs, and generating additional taxable value within
the district. The amount eligible for reimbursement is determined through an accounting of
development costs and sales proceeds, with payments limited by the terms of the
agreement and the tax increment revenues actually collected.
The agreement also establishes expectations for completion of the remaining units in
accordance with approved plans, arm's-length sales transactions, documentation of eligible
expenses, and administrative review prior to reimbursement. These provisions are intended
to ensure that the incentive is tied to demonstrated project costs and performance rather
than speculative financial projections.
From a community development perspective, the project represents an opportunity to
complete an established residential development, increase downtown housing
opportunities and density, and add taxable value to the district. Additional residential
households also support the long-term viability of downtown businesses, services, and
public investments.
I believe the proposed agreement strikes an appropriate balance between encouraging
private investment and safeguarding public resources. The DDA has undertaken a
substantial review of the request, and the incentive structure ties public assistance directly
to the successful completion and financial performance of the project. To affirm, approval
of this incentive enables the DDA to allocate resources to this project. This approval does
not require any city general fund appropriations, guarantees, or commitments.
I recommend that the city council approve the Brewer Townhomes TIF Development
Agreement substantially in the form presented, authorize the appropriate city officials to
execute any necessary documents, and permit final non-substantive administrative or legal
revisions that do not materially alter the approved financial terms.
 CHRISTMAS PARADE PERMITS (Business Item)
We have a request from the Swartz Creek Area Fire Fighters Association to conduct the
annual Christmas Parade and tree lighting. This year’s event will be scheduled for Saturday
December 5, 2025. I think we will be limited to a parade and related tree lighting only this
year, which is in line with the last two events as well. At the present time, no groups have
shown interest in a winter market.
As in prior years, the parade is expected to start at 6:00 PM (closure starting after 5pm). The
starting point is now the Middle School (Fairchild St). The route then follows Miller east to
Morrish Road, where it will pause and remain for the tree lighting event at Holland Square.
At this point, Fairchild will open, and Miller (Fairchild to Hayes) will also open. Miller from
Hayes to Morrish will remain closed with Holland Square until 8 pm, but it will likely open

City Council Packet

30

Octoer 26, 2026

sooner than that. This route was started a few years back in order to engage the downtown
businesses. It is workable but definitely more stressful to traffic.
 GENERAL MOTORS SIGNAL REQUEST (Update)
I received a communication from GM indicating that they have reports of congestion leaving
the facility at Gate 4 (the drive across from the retail plaza on Miller). This driveway used
to have a fully functional signal when the facility employed 3,000+ people. With the
diminishing of the workforce, the signal went to a ‘flashing yellow’ mode for years before it
was declared obsolete about a decade ago. There have not been any known issues since.
I responded that the issues they are experiencing are likely due to temporary traffic
increases on Miller Road due to the MDOT work on I-69 and the ramp closures in the area.
However, I invited them to pursue the matter further if they so desired and indicated that
the community would work with them on solutions. I stressed that any changes would likely
require a valid traffic study (provided by the requesting party) that demonstrates a
compelling need for improvements, and I reiterated that such a study should be performed
under normal operating conditions. I will inform the council of any further communications
and will otherwise remove this report from future packets.
 HEALTH CARE RENWAL (Update)
The renewal for our medical healthcare premiums is estimated to be over 17% for 2027.
This is another massive annual bump. In addition, the plan includes some automatically
applied increases to employee costs.
Based on our initial findings, this will put the community well over the hard cap, perhaps as
much as $25,000 over (hard cap is the amount the state permits a government to spend
on medical benefits based upon the composition of the group that is covered). However,
based on circumstances within the unit covered, there are some adjustments to the
employee census that could actually keep us under this amount. This has yet to be
determined.
I do not have details to report at this time, nor am I requesting action from the council.
However, there will be detailed discussion at one of our next two meetings as it relates to
having the council affirm the hard cap, 80/20 split, or opt-out for the 2027 calendar year. I
will provide details of past, current, and future coverage with costs prior to any such
decision.
Council Questions, Inquiries, Requests, Comments, and Notes
Orienteering Course: Walt has taken the lead on this and has investigated the
course. They have some tentative place to replace the medallions. We appear to
be close to getting new material in the ground.
Water Main Break: Fire fighting activities on Elms Road on October 19th appear to
be directly responsible for a water main break experienced in the vicinity. We are
working with the fire department to prevent future breaks related to ‘water
hammer’.
Small Cities Meeting: We are hosting the Genesee County Small Cities and
Villages Association in January instead of November. The location is TBD. Council
members are encouraged to attend.

City Council Packet

31

Octoer 26, 2026

Stub Poles: We received a right of way permit to remove some stub poles in the
community. Stub poles are poles that have been replaced but often remain, at half
height, to support communication wires that have not migrated to the new pole.
We have submitted a list of 14 additional poles that were not on the list for removal
and have been told that these should be addressed.
Northwest Arkansas: The Mayor and I have been invited to attend a training event
in Northwest Arkansas in November. The event is sponsored and conducted by
the Genesee County Metropolitan Planning Commission and will take place
November 4-6. The content will be regional governance and recreation/trail
economies.

City Council Packet

32

Octoer 26, 2026

City of Swartz Creek
RESOLUTIONS
Regular Council Meeting, Monday, October 26, 2026, 7:00 P.M.
Motion No. 261026-4A

MINUTES – OCTOBER 12, 2026

Motion by Councilmember: ________________
I Move the Swartz Creek City Council approve the Minutes of the Regular Council
Meeting held Monday, October 12, 2026, to be circulated and placed on file.
Second by Councilmember: _______________
Voting For:_______________________________________________________
Voting Against: ___________________________________________________
Motion No. 261026-5A

AGENDA APPROVAL – OCTOBER 26, 2026

Motion by Councilmember: ________________
I Move the Swartz Creek City Council approve the Agenda as presented / printed /
amended for the Regular Council Meeting of October 26, 2026, to be circulated and
placed on file.
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________
Motion No. 261026-6A

CITY MANAGER’S REPORT

Motion by Councilmember: ________________
I Move the Swartz Creek City Council accept the City Manager’s Report of October 26,
2026, including reports and communications, to be circulated and placed on file.
Second by Councilmember: _______________
Voting For: ______________________________________________________
Resolution No. 261026-8B

RESOLUTION TO APPROVE THE CITY CDBG PREAPPLICATION

Motion by Councilmember: ________________
WHEREAS, the City of Swartz Creek City Council receives an allocation of Community
Development Block Grant Funds from Genesee County on a three year cycle, with the next
allocation expected to be $38,433; and
WHEREAS, applications are now being accepted for service projects and construction
projects; and,
City Council Packet

33

Octoer 26, 2026

WHEREAS, projects must meet specific criteria as noted on the pre-application forms,
including expenditure in low/moderate income areas, or serving a low/moderate income
population while accomplishing a national objective; and,
WHEREAS, the funds for services, including senior services, can equal up to 30% of the
three year allocation for approved and eligible purposes; and,
WHEREAS, the city council held a public hearing on October 26, 2026 to hear public
comment related to the use of such funds,
NOW, THEREFORE, BE IT RESOLVED THAT the Swartz Creek City Council submit a preapplication to the Genesee County Metropolitan Planning Commission for the three year
Community Development Block Grant Distribution, an amount estimated to be $38,433, to
support all or some of the following activities:
1. _______________________
2. _______________________
3. _______________________
4. _______________________
5. _______________________
6. _______________________
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________
Resolution No. 261026-8C

A RESOLUTION TO APPROVE ORDINANCE 475 TO
AMEND THE ZONING MAP AS IT RELATES TO 5472
MILLER ROAD

Motion by Councilmember: ________________
WHEREAS, a land owner has petitioned the city to zone 0.58 acres of land in the Single
Family Residential District (R-1) to Light Industrial District (I-1), and;
WHEREAS, the petition to rezone has been reviewed by the city’s planning commission as
it relates to master plan objectives, future land use map, and zoning ordinance
requirements; and,
WHEREAS, following a public hearing held October 6, 2026, the Planning Commission
reviewed the proposed amendment pursuant to the criteria contained in Section 24.04 of
the Zoning Ordinance and found that the proposed conditional rezoning of the property to
I-1, Light Industrial, subject to conditions voluntarily offered by the owner, is consistent with
the Master Plan and satisfies the applicable zoning amendment criteria; and,
THEREFORE, I MOVE the City of Swartz Creek ordains:
ORDINANCE NO. 475

City Council Packet

34

Octoer 26, 2026

AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SWARTZ CREEK
TO AMEND THE ZONING MAP.
THE CITY OF SWARTZ CREEK ORDAINS:
Section 1.

Amendment of the Zoning Map of the City of Swartz Creek.

The Official Zoning Map of the City of Swartz Creek is hereby amended to conditionally
rezone the following described property from Single Family Residential (R-1) to Light
Industrial (I-1):
LOT 4 SUPERVISORS PLAT NO 44; commonly known as 5472 Miller Road, Parcel No. 5829-551-002.
The rezoning approved by this Ordinance is a conditional rezoning and is expressly subject
to the voluntary conditions offered by the property owner and incorporated into the
Conditional Rezoning Agreement approved by the City Council in conjunction with this
Ordinance. The Conditional Rezoning Agreement and the conditions contained therein are
incorporated into and made a part of this conditional rezoning.
Section 2.

Conditional Rezoning Agreement

The conditional rezoning granted by this Ordinance shall be subject to the terms and
conditions of the Conditional Rezoning Agreement between the City of Swartz Creek and
the property owner. The Mayor and City Clerk are authorized and directed to execute the
agreement on behalf of the City.
Section 3.

Effective Date.

This ordinance shall be effective 20 days after publication.
At a regular meeting of the City Council of the City of Swartz Creek held October 26, 2026,
adoption of the foregoing ordinance was moved by __________________________ and supported
by __________________.
Voting for:
Voting against:
The Mayor declared the ordinance adopted.
______________________________
Nate Henry
Mayor
CERTIFICATION
The foregoing is a true copy of Ordinance No. 475 which was enacted by the City Council of the
City of Swartz Creek at a regular meeting held on October 26, 2026.

City Council Packet

35

Octoer 26, 2026

______________________________
Jacquie Forrest, City Clerk

Publish Date: ____________
Swartz Creek View
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________
Resolution No. 261026-8D

A RESOLUTION TO APPROVE THE BREWER TOWNHOMES
TAX
INCREMENT
FINANCING
DEVELOPMENT
AGREEMENT

Motion by Councilmember: __________________
WHEREAS, the City of Swartz Creek Downtown Development Authority (DDA) is authorized
to use tax increment revenues to support eligible development and redevelopment activities
within the Downtown Development District, consistent with its Development Plan and Tax
Increment Financing Plan, pursuant to Public Act 57 of 2018, as amended; and
WHEREAS, the City of Swartz Creek Tax Abatement and Incentive Policy recognizes Tax
Increment Financing (TIF) assistance as a local economic development incentive intended
to encourage private investment, redevelopment, and improvements that advance the goals
of the City and DDA; and
WHEREAS, RBF Holdings, L.L.C. has proposed the Brewer Townhomes project, consisting
of residential redevelopment involving twelve parcels within the Downtown Development
District, and has requested TIF assistance to address financial feasibility challenges
associated with the development; and
WHEREAS, the DDA TIF Review Committee reviewed the project and request for TIF
assistance at meetings held June 9, 2026, and June 24, 2026, and recommended approval
subject to conditions to be addressed in the Development Agreement; and
WHEREAS, the proposed Development Agreement between RBF Holdings, L.L.C. and the
DDA provides for reimbursement of eligible project costs from tax increment revenues
generated by the development, with ninety percent (90%) of applicable DDA tax increment
revenues available for reimbursement, subject to an aggregate Gap Amount not exceeding
$630,000, interest accruing at six percent (6%) annually on approved Gap Amounts, and a
reimbursement period not exceeding eighteen (18) years without further authorization; and
WHEREAS, the Development Agreement establishes procedures for the verification of
eligible development costs, completion and sale of individual residential units,
documentation of arm's-length transactions, and review and approval of reimbursement

City Council Packet

36

Octoer 26, 2026

requests, together with provisions for compliance, financial accountability, and protection of
the public interest; and
WHEREAS, the Downtown Development Authority, at its regular meeting of October 8,
2026, adopted Resolution No. 261008-03 by a unanimous vote of five (5) members voting
in favor and none opposed, approving the Brewer Townhomes TIF Development Agreement
substantially in the form presented and recommending its approval by the Swartz Creek City
Council; and
WHEREAS, the DDA further authorized its appropriate officers to execute the Development
Agreement following City Council approval, subject to final non-substantive legal and
administrative revisions approved by the City Attorney and City Manager that do not
materially alter the approved financial terms; and
WHEREAS, the City Council finds that the Brewer Townhomes project is consistent with the
City's economic development objectives and the DDA's redevelopment goals, including the
encouragement of additional residential density, private investment, increased taxable
value, and redevelopment within the Downtown Development District.
NOW, THEREFORE, I MOVE THE CITY OF SWARTZ CREEK APPROVE the Brewer
Townhomes Tax Increment Financing Development Agreement between RBF Holdings,
L.L.C. and the City of Swartz Creek Downtown Development Authority, substantially in the
form presented to the City Council, including the exhibits and attachments incorporated
therein.
BE IT FURTHER RESOLVED, that the City Council concurs with the recommendation of
the Downtown Development Authority and authorizes the appropriate DDA officers to
execute the Development Agreement following final review by the City Attorney and City
Manager, who may approve non-substantive legal, technical, and administrative revisions
that do not materially alter the financial terms, reimbursement limitations, or obligations
established by the Agreement.
BE IT FURTHER RESOLVED, that reimbursement obligations established under the
Development Agreement shall be payable solely from tax increment revenues legally
available to the DDA and attributable to the development, in accordance with the terms of
the Agreement, and shall not constitute a general obligation of the City of Swartz Creek or
require an appropriation from the City's general fund.
BE IT FURTHER RESOLVED, that any material amendment to the financial terms of the
Development Agreement, including an increase in the maximum Gap Amount, a change in
the percentage of tax increment revenues available for reimbursement, or an extension of
the authorized reimbursement period, shall require further approval by the Downtown
Development Authority and City Council.
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________

City Council Packet

37

Octoer 26, 2026

Resolution No. 261026-8E

RESOLUTION TO APPROVE CONSUMERS ENERGY
LIGHTING AGREEMENT – HOLLAND DRIVE

Motion by Councilmember: ________________
WHEREAS, the street lights in the city are owned and operated by Consumers Energy
Company (CE), a Michigan utility with principal offices located at One Energy Plaza, Jackson
MI, 49201; and
WHEREAS, CE is the sole provider of street lights, electrical delivery, and maintenance on
said lights in the County of Genesee, including Swartz Creek City; and
WHEREAS, CE supplies street lighting services to the city under a current standard street
lighting contract, Number 103033446230, which outlines specific fixture counts and types,
said contract restated on November 1, 2018 and revised from time to time; and
WHEREAS, the City seeks additional changes to the street lighting services agreement that
include the addition of lighting to Holland Drive and subsequent billing for such new light;
and
WHEREAS, Consumers Energy requires approval of an amendment to the existing street
light contract and affirmation of the work orders to install new lighting in accordance with the
restated and amended lighting contract; and
WHEREAS, the Swartz Creek Downtown Development Authority agrees to reimburse the
city the full cost of installation, $10,282.50, provided the City of Swartz Creek consents to
financially support ongoing operation and maintenance costs.
NOW THEREFORE, BE IT RESOLVED, it is hereby deemed advisable to authorize
Consumers Energy Company to make changes in the lighting service as provided in the
Standard Lighting Contract between the Company and the City of Swartz Creek, dated
November 1, 2018, in accordance with the Agreement for Modifications of Electric Facilities
letter, dated July 16, 2026 and Authorization for Change in Standard Lighting Contract, as
included in the October 26, 2026 City Council Packet.
BE IT FURTHER RESOLVED, that it is hereby deemed advisable to enter into a contract
with Consumers Energy Company for furnishing lighting service within the City of Swartz
Creek for a period of one year and thereafter from year to year, in accordance with the terms
of the contract heretofore submitted to the city council.
BE IT FURTHER RESOLVED, that the city agrees to the terms and conditions of form 547
as included in the city council packet of October 26, 2026 and further directs the City Clerk
to execute said agreements and forms that represent the aforementioned terms and
conditions.
BE IT FURTHER RESOLVED, that the city agrees to furnish payment to Consumers Energy
in accordance with invoice #9328865466, charges totaling $10,282.50 for furnishing and
installation of lights, costs to be invoiced to the Swartz Creek DDA.

City Council Packet

38

Octoer 26, 2026

Second by Councilmember: _______________
Voting For:______________________________________________________
Voting Against: ___________________________________________________
Resolution No. 261026-8F

RESOLUTION TO APPROVE STREET USAGE & PUBLIC
SPACE PERMIT FOR THE ANNUAL FIRE DEPARTMENT
CHRISTMAS PARADE

Motion by Councilmember: ________________
WHEREAS, the City of Swartz Creek issues street closure permits and public plaza usage
permits for the purposes of holding public events from time-to-time; and,
WHEREAS, the Swartz Creek Area Firefighters Association has submitted an application
for such a street closure for the purposes of hosting an annual Christmas parade in
downtown Swartz Creek, as well as an application to use Holland Square and the adjacent
streets for a Tree Lighting event; and,
WHEREAS, the Chief of Police finds the application satisfactory and the City Council finds
the time, place, and manner of the parade and related events to be conducive to the health,
safety, and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Swartz Creek accept the Chief
of Police’s recommendation and approve the Swartz Creek Area Fire Fighters Association’s
Street Usage Application to hold an annual Christmas Parade on Saturday, December 5,
2026 from 6:00 PM to 8:00 PM (Fairchild to Miller, Miller from Fairchild to Morrish), route,
stipulations and conditions as set forth in the application packet, a copy of which is included
in the October 26, 2026 city council packet, under the direction and control of the office of
the Chief of Police.
BE IT FURTHER RESOLVED THAT the City of Swartz Creek City Council hereby
approves the Swartz Creek Area Fire Fighters Association’s Municipal Property
Reservation request to hold an annual tree lighting event for Holland Square and Holland
Drive on Saturday, December 5, 2026 from 6:00 PM to 8:00 PM, under the direction and
control of the office of the Chief of Police.
BE IT FURTHER RESOLVED THAT the City of Swartz Creek City Council hereby
authorizes and directs the Mayor to ensure quality weather, not too hot or too cold, with just
the right amount of seasonal snow, for said events.
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________
Resolution No. 261026-8G

City Council Packet

CLOSED SESSION TO CONSIDER PENDING LITIGATION
(ROLL CALL VOTE)

39

Octoer 26, 2026

Motion by Councilmember: ________________
WHEREAS, the City of Swartz Creek City Council desires to consult with the city attorney
regarding pending litigation, the public discussion of which would have a detrimental
financial effect on the position of the public body, and;
WHEREAS, the MCL 15.268(e) permits a governing body to enter a closed session to
consult with its attorney regarding trial or settlement strategy in connection with specific
pending litigation, but only if an open meeting would have a detrimental financial effect on
the litigating or settlement position of the public body.
NOW THEREFORE, BE IT RESOLVED the City of Swartz Creek City Council exit the
regular session of the city council and enter into a closed session for the purpose of
discussing pending litigation.
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________
Motion No. 261012-11A

ADJOURN

Motion by Councilmember: ________________
I Move the Swartz Creek City Council adjourn the regular council meeting of October 26,
2026.
Second by Councilmember: _______________
Voting For: ______________________________________________________
Voting Against: ___________________________________________________

City Council Packet

40

Octoer 26, 2026

CITY OF SWARTZ CREEK
SWARTZ CREEK, MICHIGAN
MINUTES OF THE REGULAR COUNCIL MEETING
DATE October 12, 2026
The meeting was called to order at 7:00 p.m. by Mayor Henry in the Swartz Creek City
Council Chambers, 8083 Civic Drive.
Invocation and Pledge of Allegiance.
Councilmembers Present:

Melen,
Spillane,
Gilbert,
Knickerbocker, Henry.

Hicks,

Krueger,

Councilmembers Absent:

None.

Staff Present:

City Treasurer Amy Nichols, Clerk Jacquie Forrest.

Others Present:

Jeff Kelley, John Pobocik

Others Virtually Attended:
APPROVAL OF MINUTES
Resolution No. 261012-01

(Carried)

Motion by Councilmember Spillane
Second by Councilmember Gilbert
I Move the Swartz Creek City Council approve the Minutes of the Regular
Council Meeting held Monday September 28, 2026 to be circulated and placed
on file.
Councilman Krueger noted a correction to the minutes on September 28, 2026,
for the motion of the approval of the agenda from Councilmember Gilbert to
Councilman Krueger.
YES: Spillane, Gilbert, Hicks, Krueger, Knickerbocker, Henry, Melen.
NO: None. Motion Declared Carried.
APPROVAL OF AGENDA
Resolution No. 261012-02

(Carried)

Motion by Councilmember Krueger
Second by Councilmember Gilbert
I Move the Swartz Creek City Council approve the Agenda as printed for the
Regular Council Meeting of October 12, 2026, to be circulated and placed on file.
Page 1 of 17
City Council Packet

City of Swartz Creek - DRAFT
41

October 12, 2026
Octoer 26, 2026

YES: Gilbert, Hicks, Krueger, Knickerbocker, Henry, Melen, Spillane.
NO: None. Motion Declared Carried.
CITY MANAGER’S REPORT
Resolution No. 261012-03

(Carried)

Motion by Councilmember Melen
Second by Councilmember Gilbert
I Move the Swartz Creek City Council accept the City Manager’s Report of October
12, 2026, including reports and communications to be circulated and placed on
file.
Discussion Ensued.
YES: Hicks, Krueger, Knickerbocker, Henry, Melen, Spillane, Gilbert.
NO: None. Motion Declared Carried.
MEETING OPENED TO THE PUBLIC:
None.
COUNCIL BUSINESS:
RESOLUTION TO AMEND THE PARK RULES, RESERVATION FORM
Resolution No. 261012-04

(Carried)

Motion by Mayor Pro Tem Hicks
Second by Councilmember Melen
WHEREAS, the City of Swartz Creek owns, operates, and maintains public park and
recreation facilities and desires to promote safe and equitable use of those facilities; and
WHEREAS, the city regulates use of city parks through the adoption of “Park Rules and
Regulations” as enabled and enforceable under City Ordinance Section 11-47, Park
Rules and Regulations, which reads as follows: the City Council may by resolution adopt
rules and regulations governing the use of parks, including prohibitions or restrictions on
uses and acts within parks; and
WHEREAS, the City Council amended the Park Reservation Form at the meeting using
an older form with older pricing that was not appropriately updated.
NOW, THEREFORE, BE IT RESOLVED, the Swartz Creek City Council hereby approve
the amended reservation form as attached.
Discussion Ensued.
Page 2 of 17
City Council Packet

City of Swartz Creek - DRAFT
42

October 12, 2026
Octoer 26, 2026

YES: Krueger, Knickerbocker, Henry, Melen, Spillane, Gilbert, Hicks.
NO: None. Motion Declared Carried.
RESOLUTION TO AMEND AND RESTATE CITY-WIDE RATES, FEES, AND
CHARGES
Resolution No. 261012-05

(Carried)

Motion by Councilmember Gilbert
Second by Councilmember Knickerbocker
WHEREAS, the City sets rates and collects fees, fees for permits, charges for services,
cost recovery for public safety and cost recovery for consulting services (rates, fees, &
charges), and;
WHEREAS, such rates, fees, & charges are a necessary and essential part of the funding
for the services that the City provides, and:
WHEREAS, the City’s Code of Ordinances defines and provides for certain rates, fees,
& charges, and;
WHEREAS, other such rates, fees, & charges are provided for by resolution of the City
Council, statutory provision, past practice, policy and other such actions, and
WHEREAS, the City has amended the City’s Code of Ordinances to provide for various
rates, fees, & charges to be set by resolution of the City Council, and;
WHEREAS, the City has need to implement additional rates, fees, & charges to be set by
resolution of the City Council, and;
WHEREAS, the City desires to have all such rates, fees, & charges organized into a
single resolution that can be visited periodically and adjusted accordingly.
NOW, THEREFORE, BE IT RESOLVED the City of Swartz Creek hereby sets its rates,
fees, & charges in accordance with the following schedule, effective immediately or as
soon as practical thereafter, table as follows:
CITY OF SWARTZ CREEK RATES, FEES PERMITS & CHARGES FOR SERVICES
(All fees may be paid in person with cash, check, or card. Building and utility fees may be
paid online with card or e-check)
1. Chapter 1: Municipal Ordinance Violations Bureau (Parking Fines)
The following parking violations shall be punishable by the fines indicated.
Offense
(a)
(b)
(c)

Parking too far from curb
Angle parking violations
Obstructing traffic

Fine
$ 40.00
$ 40.00
$ 40.00

Prohibited parking (signs un-necessary)
(d) On sidewalk
(e) In front of drive
(f) Within intersection
Page 3 of 17
City Council Packet

$ 40.00
$ 40.00
$ 40.00
City of Swartz Creek - DRAFT
43

October 12, 2026
Octoer 26, 2026

(g) Within 15 feet of hydrant
(h) On crosswalk
(i) Within 20 feet of crosswalk or 15 feet of corner lot lines
(j) Within 30 feet of street side traffic sign or signal
(k) Within 50 feet of railroad crossing
(l) Within 20 feet of fire station entrance
(m) Within 75 feet of fire station entrance on opposite
side of street (signs required)
(n) Beside street excavation when traffic obstructed
(o) Double parking
(p) On bridge of viaduct or within tunnel
(q) Within 200 feet of accident where police in attendance
(r) In front of theater
(s) Blocking emergency exit
(t) Blocking fire escape or fire lane
(u) In a handicapped space
(v) In prohibited zone (signs required)
(w) In alley (signs required)

$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 50.00
$100.00
$ 40.00
$ 40.00

Parking for prohibited purpose
(x) Displaying vehicle for sale
(y) Working or repairing vehicle
(z) Displaying advertising
(aa) Selling merchandise
(bb) Storage over 48 hours
(cc) Wrong side boulevard roadway
(dd) Loading zone violation
(ee) Bus, parking other than bus stop
(ff) Taxicab, parking other than cab stand
(gg) Bus, taxicab stand violations
(hh) Failure to set brakes
(ii) Parked on grade wheels not turned to curb
(jj) Parked on lawn extension within right of way
(kk) Parked on front lawn

$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00
$ 40.00

All $40.00 violations not paid within 20 days will be accessed a $20.00 late fee.
2. Chapter 2: Liability for Expense of an Emergency Operation (Hazardous Materials
Cleanup Cost Recovery)
Cost shall be actual expenses inclusive of all Police & Fire Department wages, equipment and
motor-pool and / or any sub-contracted actual expenses associated with hazardous materials
clean-up.
3. Chapter 2: Liability for Expense of an Emergency Response (Alcohol Related Arrests,
Accidents)
A. A cost of $150 shall be assessed to each defendant convicted of O.U.I.L. – O.U.I.D or
O.W.I. The cost recovery shall be collected as a part of the fines and costs set by the 67th
District Court.
B. Actual costs shall be assessed to each defendant convicted of O.U.I.L. – O.U.I.D or O.W.I.
in which a motor vehicle accident occurred. The cost recovery shall be collected as a part
of the fines and costs set by the 67th District Court. In the event the court declines
collection, they shall be billed direct to the defendant.

Page 4 of 17
City Council Packet

City of Swartz Creek - DRAFT
44

October 12, 2026
Octoer 26, 2026

C. For the purpose of determining costs for extensive investigation and cleanup recovery for
emergency response for alcohol related arrests and accidents, the following table shall be
used:
Fire
Pumper
Tanker
Squad/Utility
Grass
Command

$250.00/hour
$350.00/hour
$200.00/hour
$200.00/hour
$150.00/hour

Officers
Firefighters

$24.00/hour
$18.00/hour
Police

Officers
Officer Overtime
Police Car

$64/hour
$72/hour
$15.00/hour

4. Chapter 5: Cemetery Lots - Purchase
The cost for purchase of cemetery lots will be $600.00 per lot.
5. Chapter 5: Cemetery, Charges for Grave Openings, etc.
Grave openings shall be actual costs, either as sub-contracted or performed by City
Employees, plus a 15% administrative fee.
6. Chapter 11: Park Reservation Fees
Elms Park
Pavilion #1
$80.00($270 non-resident)
Pavilion #2
$100.00($325 non-resident)
Pavilion #3
$50.00($200 non-resident)
Pavilion #4
$80.00($270 non-resident)
Abrams Park
Pavilion #1
$50.00($200 non-resident)
Pavilion #2
$50.00($200non-resident)
Pavilion #3
$40.00($170 non-resident)
Pavilion #4
$40.00($170 non-resident)
Otterburn Park
Pavilion #1
$80.00($270 non-resident)
Deposit

$300.00*

*Deposit to be forfeited with any validated park rule or ordinance violation attributed to the
reserving entity.
7. Chapter 12: Peddlers and Solicitors License and Background Check
$50.00 for primary permit and one background check plus $20 for each additional
background check.

Page 5 of 17
City Council Packet

City of Swartz Creek - DRAFT
45

October 12, 2026
Octoer 26, 2026

8. Chapter 15: Permit, Sidewalk Installation
$50.00
9. Chapter 15: Permit for Excavation, Right of Way or Other City Property
$100.00
10. Chapter 19: Water System Use, Rates and Charges
(A) Charges for water supply services to premises within the city connected with the water
supply system shall be as follows:
Rates for Quarterly Billings
Readiness to serve charge
5/8”, 3/4", 1”
$60.76
1.5”
$241.14
2”
$385.84
3”
$723.45
4”
$1,205.76
6”
$2,411.50
Commodity charge (per 100 cubic feet of water): $7.87
Additional meters, connected for the exclusive purpose of registering water consumed and
NOT returned to the sewer system shall be charged the commodity charge only (example:
lawn sprinkler system).
(B) Any water customer may have water services temporarily shut off for any time period
during which the premises, for which the water service is provided, will be unoccupied. The
request for such shut off shall be made in writing on forms to be provided by the city. The
written request shall specify the reason for the shut off and the date on which the water
service shall be shut off.
(C) There shall be a Twenty Dollar ($20.00) charge for shutting off the water service
pursuant to such request and a Twenty Dollar ($20.00) charge for turning the water service
back on, if the shut off or turn on is performed during normal business hours. If this shut
off or turn on is performed outside of normal business hours, the charge shall be OneHundred Dollars ($100.00).
If water is shut off and/or turned back on pursuant to account delinquency, the fee shall be
Forty Dollars ($40.00) per turn off and Forty Dollars ($40.00) per turn on. This fee shall be
applied upon deployment of the field crew for water shut off. Requests for after-hours turn
on shall cost One-Hundred Dollars ($100.00). The City Manager may waive any shut off
and turn on fees for reasonable cause.
(D) Water customers shall continue to be billed for a readiness to service charge while
connected to the system.
(E)

Bulk water sales shall be in accordance with the following fee schedule:
Bulk Water Purchases
1 cubic ft. = 7.4805
Gallons

Gallons
Page 6 of 17
City Council Packet

Cubic ft.

Cost

City of Swartz Creek - DRAFT
46

October 12, 2026
Octoer 26, 2026

3,740
5,000
10,000
15,000
20,000

499.96658
668.40452
1336.809
2005.2136
2673.6181

$109.20
$121.80
$168.00
$214.20
$259.35

11. Chapter 19: Water & Sewer Tap Fees
(A) There shall be paid, with respect to all premises connecting to the water and sanitary
sewer system of the city, a tap-in fee pursuant to the following schedules:
(1)

Single-family residence--$1,500 each for water & sanitary sewer

(2)

Multiple-family residence--$1,500 per unit each for water and sanitary sewer

(B) All other uses connecting to the water and/or sanitary sewer system of the city shall
be required to pay tap-in fees at the rate of one-thousand, five hundred dollars ($1,500)
per unit factor, pursuant to the unit factor table provided for by the Genesee County
Division of Water and Waste. In no case shall tap-in fees be less than one-thousand, five
hundred dollars ($1,500).
(C)
Furthermore, for any structure used generally for more than one (1) purpose,
connection fees shall be determined by applying the appropriate unit factors as set by the
Genesee County Division of Water and Waste, to the various uses on any level, grade or
sub-grade plane of the structure, provided that it is intended that the fees so derived shall
be cumulative. Tap fees shall also apply for any additional units that may be calculated
and applied by the County WWS pursuant to change in use or otherwise.
12. Chapter 19: Sanitary Sewer Rates
Rates for Quarterly Billings
Readiness to serve charge (per Residential Equivalent Unit):
Readiness to serve charge (non-metered accounts):
Commodity charge (per 100 cubic feet of water consumed):

$53.53
$130.43
$2.52

A readiness to serve charge equal to the number of calculated sewer units shall be charged
to all customers connected to the city’s sewer system to offset fixed costs of system
operation. In addition, a commodity charge shall be applied to the sewer bill in an amount
equal to the above rate multiplied by the number of ccf that the accompanying water
account registers. If the sewer connection is not accompanied by a water meter to register
water usage, the charge shall be considered non-metered and no commodity charge shall
be applied.
For the purposes of determining sanitary sewer rates, per unit sewage disposal
calculations resulting in a fraction of a whole number shall be rounded up to the next
highest whole number.
13. Chapter 20: Weed Cutting Fees
$300 per cut
14. Building & Trade Inspection Fees*
A.

Page 7 of 17
City Council Packet

Building Permit Fees:

City of Swartz Creek - DRAFT
47

October 12, 2026
Octoer 26, 2026

The total cost of Improvement is based on the International Code Council (ICC)
Building Valuation Square Foot Construction Cost Table.
Application Fee, non-refundable:

$125.00

Up to $1,000 (includes one 1 inspection)……......$125.00
$1,001.00 to $10,000.00 (includes 1 inspection)..$125.00 plus $10.00 per $1,000.00
$10,001.00 to $100,000.00
$225.00 plus $7.00 per $1,000.00
$100,001.00 to $500,000.00
$925.00 plus $6.50 per $1,000.00
$500,001 plus
$3,250.00 plus $6.00 per $1,000.00
Residential Roof (Includes 1 inspection)

$125

Mobile Home Set (Includes 1 inspection)

$300

All work not involving a sq. foot computation:

$125

Residential plan review and administration base fee

$125/hr, with a $500
minimum
plus
applicable third party
fees

Residential Minor plan review (Building Dept. determination)

First hour included with
application fee, $125
each additional hour
plus any third party fees

Commercial plan review up to $500,000 valuation

$0.0019 of building
valuation
with
a
minimum of $500 plus
third party fees

Commercial plan review over $500,000 valuation

$0.0006 plus $950 of
building valuation plus
third party fees

Parking Lot (resurfacing, reconstruction, addition)

$200
or
$0.02/sf,
whichever is greater

Inspections (each)

$125

Certificate of Occupancy (Residential)
Certificate of Occupancy (Commercial)
Commercial Temp C of O for stocking and staffing…

$125
$300
$ 2,000.00 plus bond
equal to 150%
of uncompleted items

(not open for business)
as estimated

by the Building
Department

Work Commencing Before Permit Issuance
B.

Page 8 of 17
City Council Packet

Electrical Inspection Fees
Application Fee (non-refundable)
Work Commencing Before Permit Issuance

City of Swartz Creek - DRAFT
48

$500
$80
$120

October 12, 2026
Octoer 26, 2026

fees

Plan Review

$125/hr plus third party

New Residential Electrical System
Up to 1,500.00 sq. foot
1,501 to 3,500 sq. foot
Over 3,500 sq. foot

$90.00
$140.00
$190.00

Service
Through 200 Amp.
Over 200 Amp. thru 600 Amp.
Over 600 Amp. thru 800 Amp.
Over 800 Amp. thru 1200 Amp.
Over 1200 Amp. (GFI only)
Circuits
Lighting Fixtures-per 25
Dishwasher
Furnace-Unit Heater
Electrical-Heating Units (baseboard)
Power Outlets (ranges, dryers, etc.)

$20
$25
$200
$300
$500
$7
$7
$7
$7
$8
$9

Signs
Unit
Letter
Neon-each 25 feet

$6
$10
$20

Feeders-Bus Ducts, etc.-per 50’

$8

Mobile Home Park Site

$7

Recreational Vehicle Park Site

$7

K.V.A. & H.P.
Units up to 20
Units 21 to 50 K.V.A. or H.P.
Units 51 K.V.A. or H.P. & over

$4
$6
$10

Fire Alarm Systems (excl. smoke detectors)
Up to 10 devices
11 to 20 devices
Over 20 devices

$50
$100
$5 each

Low voltage - Per opening (devices)

$5 each

Energy Retrofit-Temp. Control

$45

Conduit only or grounding only

$45

Inspections
Special/Safety Insp. (includes cert. fee)
Additional Inspection
Final Inspection
Certification Fee

$110
$110
$110
$75

C. Mechanical Inspection Fees
Application Fee (non-refundable)
Page 9 of 17
City Council Packet

City of Swartz Creek - DRAFT
49

$80
October 12, 2026
Octoer 26, 2026

fees

Page 10 of 17
City Council Packet

Work Commencing Before Permit Issuance

$120

Plan Review

$125/hr plus third party

Residential Heating System
(Includes duct & pipe)
Up to 1,500 sq. feet
1,501 to 3,500 sq. feet
Over 3,500 sq. feet
Gas/Oil Burning Equipment Under 400,000 In
Gas/Oil Burning Equipment Under 400,000 In
Boiler
Water Heater
Damper/Flue
Solid Fuel Equip. (includes chimney)
Gas Burning Fireplace
Chimney, factory built (installed separately)
Solar; set of 3 panels-fluid transfer
(includes piping)
Gas piping; each opening-new installation
(residential)
Air Conditioning (includes split systems)
1.5hp to 15 hp
Over 15 hp
Heat Pumps (complete residential)
Dryer, Bath & Kitchen Exhaust

$30
$50
$30
$5

Tanks
Aboveground
Aboveground Connection
Underground
Underground Connection
Humidifiers/Air Cleaners

$20
$20
$20
$20
$5

Piping
Piping-minimum fee $25

$.05/ft

Duct-minimum fee $25
Heat Pumps; Commercial (pipe not included)

$.10/ft
$20

Air Handlers/Heat Wheels
Conversion Burners (oil)
Commercial Hoods/Exhausters
Heat Recovery Units
V.A.V. Boxes
Unit Ventilators
Unit Heaters (terminal units)

$25
$30
$15
$10
$10
$10
$15

Fire Suppression/Protection/Other
(includes piping) –minimum fee $20
Limited Area Suppression (per head)
Fire Suppression Hood (per head)
Evaporator Coils
Refrigeration (split system)
Chiller

$.75/head
$2
$4
$30
$30
$30

City of Swartz Creek - DRAFT
50

$90
$140
$190
$30
$40
$30
$5
$5
$30
$30
$25
$20
$5

October 12, 2026
Octoer 26, 2026

fees

Cooling Towers
Compressor/Condenser
Manufactured Chimney
Exhaust Fans
Multi Zone Self Contained Units
Through Wall Units
Ranges (gas)

$30
$30
$25
$20
$25
$25
$20

Inspections
Special/Safety Insp. (includes cert. fee)
Additional Inspection
Final Inspection
Certification Fee

$110
$110
$110
$75

D. Plumbing Inspection Fees
Application Fee (non-refundable)
Work Commencing Before Permit Issuance

$80
$120

Plan Review

$125/hr plus third party

New Residential Plumbing System
Up to 1,500 sf
1,501 to 3,500 sf
Over 3,500 sf

$90
$140
$190

Mobile Home Park Site
Fixtures, floor drains, special drains,
Water connected appliances
Stacks (soil, waste, vent and conductor)
Sewage ejectors, sumps
Sub-soil drains

$7 each
$4 each
$4 each
$2 each
$5 each
$5 each

Water Service
Less than 2”
2” to 6”
Over 6”
Connection (bldg. drain-bldg. sewers)

$25
$75
$100
$25

Sewers (sanitary, storm or combined)
Less than 6”
6” and Over
Manholes, Catch Basins

$25
$100
$15 each

Water Distributing Pipe (system)
¾” Water Distribution Pipe
1” Water Distribution Pipe
1 ¼” Water Distribution Pipe
1 ½” Water Distribution Pipe
2” Water Distribution Pipe
Over 2” Water Distribution Pipe
Reduced pressure zone back-flow preventer
Domestic water treatment and
filtering equipment only
Medical Gas System

Page 11 of 17
City Council Packet

City of Swartz Creek - DRAFT
51

$5
$10
$15
$20
$25
$30
$5 each
$5
$45

October 12, 2026
Octoer 26, 2026

Inspections
Special/Safety Insp. (includes cert. fee)
Additional Inspection
Final Inspection
Certification Fee

$110
$110
$110
$75

15. Chapter 22: General Emergency Response Fees
Fire
Pumper
Tanker
Squad/Utility
Grass
Command

$250.00/hour
$350.00/hour
$200.00/hour
$200.00/hour
$150.00/hour

Officers
Firefighters

$24.00/hour
$18.00/hour

Police
Officers
Officer Overtime
Police Car

$51.54/hour
$62.34/hour
$15.00/hour

16. Appendix B: Franchises
$250 application fee plus actual expenses related to preparation by City Attorney.
17. Miscellaneous Fees
A. Copies:
Black & White: 10¢ for page.
Color or Mixed Color and Black & White: 25¢ per page
B. Freedom of Information Act Requests:
See the City of Swartz Creek Freedom of Information Act Procedures & Guidelines:
adopted June 22, 2015 for details. Standard requests shall be charged 10¢ for 8.5 x 11
page (25¢ for color or mixed color) plus all actual costs for outside re-production (i.e. photo
re-prints, blueprint copies, digital media storage, etc.). Extensive search requests shall
have an additional per hour fee equal to wages only of the lowest paid clerical position
employed with the City ($8.15/hour with a 1.1 fringe multiplier, totaling $8.97/hour).
C. Weddings:
$50 per ceremony
D. Fax Services:
50¢ per page for the first 10 pages, then $0.25 per page thereafter
E. Notary Services:
$10.00 per item
F. Insufficient Funds:
$25 each for any check returned unpaid for account insufficient, closed or stopped
G

Page 12 of 17
City Council Packet

Penalties on Outstanding Invoices/Miscellaneous Receivables:
$10 penalty for unpaid miscellaneous receivables, including but not limited to: utility bills,
City of Swartz Creek - DRAFT
52

October 12, 2026
Octoer 26, 2026

mowing invoices, sidewalk repair, project reimbursements, charges for services, and
retiree coverage contributions. This penalty shall be applied once to “past due” invoices.
H. Interest on Outstanding Invoices/Miscellaneous Receivables:
1.5% interest per month on outstanding invoices that are 30 days “past due”.
*Payments made toward outstanding balances shall be applied in the following order:
interest, penalties, principle.
18. Chapter 13 & 16: Development Plans, Administrative Fees, Subdivision Site Plan &
Review Fees*
A. Site Plan Review:
Property Re-Zoning
Single & Multiple-Family (non-plat)
Mobile Home Park
Commercial Development
Industrial Development
Office Development
Institutional
Public/semi-public uses
Special Approval or Conditional Use
PUD/Mixed Use Review
Consulting and/or Third Party Fees
Revisions

$500
$300 plus $10.00 per lot/unit
$500 plus $10.00 per unit
$500 plus $50.00 per acre/fraction
$500 plus $50.00 per acre/fraction
$500 plus $50.00 per acre/fraction
$300 plus $50.00 per acre/fraction
$300 plus $50.00 per acre/fraction
$300 plus $10.00 per acre/fraction
$500 plus $50.00 per acre/fraction
Actual consultant costs plus 5%
½ of original review fee

B. Building and Zoning:
Zoning Permit (Includes 1 hr review and inspection)
Zoning Letter
Sidewalk Permit
Sign Permit
Structure Movement Permit
Demolition Permit (Including ROW Permit)
Right of Way Permit (Residential)
Right of Way Permit (Commercial and/or Road Break)
escrow
Home Occupation Permit
Variance Review
Zoning Board of Appeals: Petitioned Interpretation Review
Zoning Board of Appeals: Appeal Review
Lot Split/Combination: City Ordinance Section 16.2
Public or Private Road Plan Reviews
Consulting Fees
Zoning Code
Copy
Engineering Standards Manual
Copy
Medical Marijuana Dispensary/Facility Review
Consulting and/or Third Party Fees
plus 5%
C. Subdivision Review
Preliminary Subdivision Review-Tentative
Preliminary Subdivision Review- Final
Final Plat Review

Page 13 of 17
City Council Packet

City of Swartz Creek - DRAFT
53

$125
$75
$50
See Building Permits
$200
$200 + $0.10/sf
$100
$250 +review/inspection
$95
$300 per variance
$150
$250
$150 plus $5.00 per lot
$400 per mile/fraction
Actual consultant costs
$10 CD, $25 Paper
$10

CD,

$25

Paper

$500
Actual consultant costs

$300 plus $5.35 per lot
$160 plus $2.70 per lot
$160 plus $1.00 per lot

October 12, 2026
Octoer 26, 2026

Consulting and/or Third Party Fees
•

plus 5%

Actual consultant costs

Consultant fees and or third party fees are those planning, engineering, legal, or related services
performed unstaffed professionals. Such fees are employed and billed to the city, and are to be
paid by the applicant. A pre-determined escrow will be estimated and required by the city prior to
engaging in such services, which may need to be adjusted accordingly. Such invoices shall be
payable by the applicant with an additional 5% fee.
19. Chapter 1: Municipal Civil Infraction Fines
Civic Infraction Citation Fines:
First Offense
Second Offense
Third Offense
Civic Infraction Notice Fines:
First Offense
Second Offense
Third Offense

$100
$200
$300
$75
$150
$250

20. Rental Inspection Program Fees
Registration

$100 for the first unit, plus $25 for each
additional unit on a shared premises, with
common ownership and management, or within
recognized apartment complexes
Follow up inspections
The initial and one follow-up inspection will be
performed without additional fees. Subsequent
inspections shall be charged at the rate of
$100/unit
Registration Updates/Amendments
No charge
Coverage
The initial fee covers the registration and first
inspection and is valid until the resulting
certificate of compliance expires
Pro-ration
There shall be no pro-ration of fees
________________________________________________________

ADOPTION & REVISION HISTORY:
Resolution No. 050711-07
Dated July 11, 2005
Resolution No. 100208-06
Dated February 8, 2010
Resolution No. 101206-04
Dated December 6, 2010 (Water-Sewer-RTS)
Resolution No. 111114-05
Dated November 14, 2011 (Park Fees)
Resolution No. 110613-07
Dated June 13, 2011 (Water Fees)
Resolution No. 120611-05
Dated June 11, 2012 (Water Fees)
Resolution No. 120709-05
Dated July 9, 2012 (Bulk Water Fees)
Resolution No. 130610-09
Dated June 10, 2013 (Water Fees)
Resolution No. 130826-06
Dated August 26, 2013 (K.W.A. Water Fees)
Resolution No. 140922-07
Dated September 22, 2014 (Utility and MMD Fees)
Resolution No. 150824-05
Dated August 24, 2015 (FOIA, Rentals, Utility Fees)
Resolution No. 151214-05
Dated December 14, 2015 (Parking)
Resolution No. 160523-05
Dated May 23, 2016 (Water and Sewer)
Resolution No. 160808-04
Dated August 8, 2016 (Solicitation)
Resolution No. 171023-07
Dated October 23, 2017 (Building; Police Removal)
Resolution No. 180312-06
Dated March 12, 2018 (Building Penalty)
Resolution No. 181126-07
Dated November 26, 2018 (Parking)
Resolution No. 190325-09
Dated March 25, 2019 (Water)
Page 14 of 17
City Council Packet

City of Swartz Creek - DRAFT
54

October 12, 2026
Octoer 26, 2026

Resolution No. 201109-06
Resolution No. 210927-06
Resolution No. 211213-04
Resolution No. 220613-05
Resolution No. 221114-06
Resolution No. 231127-08
Resolution No. 241125-06
Resolution No. 240334-12
Resolution No. 251110-05
Resolution No. 260526-05

Dated November 9, 2020 (Water Rates - Cross Connection)
Dated September 27, 2021 (Cost Recovery & Right of Way)
Dated December 13, 2021 (Water and Sewer Rates)
Dated June 13, 2022 (UB Turn On/Off & Park Deposit)
Dated November 14, 2022 (Park Reservations)
Dated November 27, 2023 (Parks, Water, Cost Recovery)
Dated November 25, 2024 (Parks)
Dated March 24, 2025 (Building, Planning, & Zoning)
Dated November 10, 2025 (Parks)
Dated May 26, 2026 (Building, Police Cost Recovery)

Discussion Ensued.
YES: Knickerbocker, Henry, Melen, Spillane, Gilbert, Hicks, Krueger.
NO: None. Motion Declared Carried.
RESOLUTION TO APPROVE THE FIFTH AMENDMENT TO THE GENESEE
COUNTY PHASE II REGULATIONS STORM WATER MANAGEMENT SYSTEM
CONTRACT
Resolution No. 261012-06

(Carried)

Motion by Councilmember Knickerbocker
Second by Councilmember Melen
WHEREAS, the City of Swartz Creek participates with the County of Genesee and other
municipalities in the Genesee County Storm Water Management System for the
purpose of implementing activities required under the Phase II Storm Water
Regulations; and
WHEREAS, the City Clerk has presented to the City Council a Fifth Amendment to the
Genesee County Phase II Regulations Storm Water Management System Contract,
dated as of October 1, 2026, among the County of Genesee, acting through its Drain
Commissioner as County Agency, and the participating cities, townships, and charter
townships identified in Exhibit A to the Amendment; and
WHEREAS, the Fifth Amendment provides for the continued provision of services
associated with implementation activities required by the Phase II Storm Water
Regulations and establishes the allocation and payment of the costs of such services
among Genesee County and the participating municipalities; and
WHEREAS, the City Council finds that continued participation in the Genesee County
Storm Water Management System and approval of the Fifth Amendment is appropriate
and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Swartz
Creek, Michigan, that:
The City Council hereby approves the Fifth Amendment to the Genesee County
Phase II Regulations Storm Water Management System Contract, dated October 1,
2026, among the County of Genesee, acting through its Drain Commissioner as County
Agency, and the participating municipalities.
Page 15 of 17
City Council Packet

City of Swartz Creek - DRAFT
55

October 12, 2026
Octoer 26, 2026

The Mayor and City Clerk are hereby authorized and directed to execute and deliver the
Fifth Amendment for and on behalf of the City of Swartz Creek, in such number of
counterparts as may be necessary or desirable.
A copy of the Fifth Amendment approved herein shall be attached to the minutes of this
meeting, maintained on file with the City Clerk, and made available for examination in
accordance with applicable law.
All resolutions and parts of resolutions insofar as they conflict with this resolution are
hereby rescinded.
Discussion Ensued.
YES: Henry, Melen, Spillane, Gilbert, Hicks, Krueger, Knickerbocker.
NO: None. Motion Declared Carried.
MEETING OPENED TO THE PUBLIC:
John Pobocik – Complimented the city on the Holland Square pergola. Pavement marking
and street sweeping look great in the city. Barking dog complaint
REMARKS BY COUNCILMEMBERS:
Councilmember Melen: None
Councilmember Spillane: Updates on Otterburn Park
Councilmember Gilbert: Weather is beautiful
Councilmember Knickerbocker: none
Mayor Pro Tem Hicks: A resident does not like flock cameras.
Councilmember Krueger: Take a color tour drive.
Mayor Henry: Held a moment of silence for Chief Matt Bade.
ADJOURNMENT
Resolution No. 261012-08

(Carried)

Motion by Councilmember Gilbert
Second by Councilmember Melen
I Move the Swartz Creek City Council adjourn the regular Council meeting.

Page 16 of 17
City Council Packet

City of Swartz Creek - DRAFT
56

October 12, 2026
Octoer 26, 2026

Unanimous Voice Vote.

_____________________________
Nate Henry, Mayor

Page 17 of 17
City Council Packet

_________________________________
Jacquie Forrest, City Clerk

City of Swartz Creek - DRAFT
57

October 12, 2026
Octoer 26, 2026

CITY OF SWARTZ CREEK
SWARTZ CREEK, MICHIGAN
MINUTES OF THE DOWNTOWN DEVELOPMENT AUTHORITY MEETING
OCTOBER 8, 2026
The meeting was called to order at 6:03 p.m. by Board Chairperson Beedy in the Swartz
Creek Council Chambers with a virtual (Zoom) meeting available for the general public.
Board Members Present: Barclay, Henry, Beedy, Kelley, Parenteau, Kallas
Board Members Absent:

King, Ryan, Barclay, Gardner

Staff Present:

Adam Zettel, Greg Dietrich

Others Present:

Brett Jory, Susie Kietzman, Mark Kietzman, Jordan Kietzman,
Cyndee March

APPROVAL OF AGENDA AND MINUTES:
Resolution No. 261008-01

(Carried)

Motion by Board Member Henry
Second by Board Member Parentau
I Move the Swartz Creek City Downtown Development Authority approves the
agenda for the October 8, 2026 meeting with the addition of 8C: Façade
Application.
Motion Carried by unanimous voice vote.
Resolution No. 261008-02

(Carried)

Motion by Board Member Kelley
Second by Board Member Barclay
I Move the Swartz Creek City Downtown Development Authority approves the
minutes from the September 10, 2026, Downtown Development Authority Meeting
as written.
Motion Carried by unanimous voice vote.
REPORTS AND COMMUNICATIONS:
Mr. Zettel indicated that some of the new signs for wayfinding and branding were
delivered but more were anticipated prior to installation.
MEETING OPEN TO PUBLIC:
None.
Page 1 of 5
City Council Packet

Swartz Creek Downtown Development Authority
58

October 8, 2026
Octoer 26, 2026

BREWER TOWNHOME INCENTIVE PROPOSAL
Mr. Beedy briefly explained the process so far and the changes in this last agreement.
He opined that, after many visitations to the board, it should be ready for approval.
Discussion turned to committee membership.
Resolution No. 261008-03

RESOLUTION TO RECOMMEND APPROVAL
OF THE BREWER TOWNHOMES TIF
DEVELOPMENT AGREEMENT

Motion by Board Member: Henry
Second by Board Member: Parenteau
WHEREAS, the City of Swartz Creek Downtown Development Authority (DDA) is
authorized to use tax increment revenues to support eligible development and
redevelopment activities within the Downtown Development District consistent with
its Development Plan and Tax Increment Financing Plan; and
WHEREAS, the City of Swartz Creek Tax Abatement & Incentive Policy
recognizes Tax Increment Financing (TIF) assistance as a local incentive for
qualifying DDA sites and provides for incentives intended to encourage private
investment that advances the goals of the City and DDA; and
WHEREAS, RBF Holdings, L.L.C. has proposed to complete the Brewer
Townhomes project, a substantial residential redevelopment that includes twelve
additional parcels within the Downtown Development District, and has requested
TIF assistance in connection with the project; and
WHEREAS, the DDA TIF Review Committee reviewed the project and request for
TIF assistance at meetings held June 9, 2026 and June 24, 2026, and
recommended approval subject to conditions to be addressed by the City Attorney
in the development agreement; and
WHEREAS, the resulting Development Agreement between RBF Holdings, L.L.C.
and the DDA provides for reimbursement of eligible project costs from projectgenerated tax increment revenues, with ninety percent (90%) of the applicable
DDA tax increment revenues available for reimbursement, subject to the terms,
limitations, documentation requirements, and other protections contained in the
Agreement; and
WHEREAS, the DDA finds that the Brewer Townhomes project and proposed TIF
assistance are consistent with the objectives of the City's incentive program and
the DDA's redevelopment objectives, including the creation of residential uses,
increased density and private investment within the Downtown Development
District; and
WHEREAS, the Agreement directs the SCDDA to conduct a number of functions,
and the SCDDA Board desires to administer this process through a committee for
the purpose of expedience and efficiency, as appointed from time to time; and
Page 2 of 5
City Council Packet

Swartz Creek Downtown Development Authority
59

October 8, 2026
Octoer 26, 2026

NOW, THEREFORE, BE IT RESOLVED, that the City of Swartz Creek Downtown
Development Authority hereby approves the Brewer Townhomes TIF
Development Agreement substantially in the form presented and recommends
approval of the Agreement by the Swartz Creek City Council.
BE IT FURTHER RESOLVED, that, following approval by the City Council, the
appropriate DDA officers are authorized to execute the Development Agreement
on behalf of the DDA, subject to final non-substantive legal and administrative
revisions approved by the City Attorney and City Manager that do not materially
alter the financial terms approved herein.
BE IT FURTHER RESOLVED, that the DDA appoints the follow individuals to act
on behalf of the SCDDA as required in the Agreement:
1. City Manager
2. DDA Chair
3. City Community Development Director
4. Building Official
5. Mayor
6. Jeff Kelly
Roll Call Vote
Yes: Henry, Beedy, Kelley, Parenteau, Kallas
No: None
Motion Carried.
HOLLAND DRIVE CONSUMERS ENERGY LIGHTING AGREEMENT
Mr. Kelly advocated for two lights instead of one based on a recent experience at the
museum afterhours.
Resolution No. 261008-04

RESOLUTION TO APPROVE ADDITIONAL
LIGHTING FOR HOLLAND DRIVE

Motion by Board Member: Parenteau
Second by Board Member: Kelly
WHEREAS the City of Swartz Creek provides for street lighting and pedestrian
lighting for public streets and other public places in the city through an agreement
with Consumers Energy; and
WHEREAS, such lighting can take the form of overhead lighting, decorative lamps,
and other forms; and

Page 3 of 5
City Council Packet

Swartz Creek Downtown Development Authority
60

October 8, 2026
Octoer 26, 2026

WHEREAS, the finds that Holland Drive would benefit from the addition of
decorative lighting as a means to illuminate a dark stretch of road and to improve
the appearance of the area; and
WHEREAS, the DDA has reviewed options for the addition of one or two lights on
the east side of Holland Drive.
NOW THEREFORE, BE IT RESOLVED, the Swartz Creek Downtown
Development Authority recommends the city council amend their street lighting
contract with Consumers Energy to add one additional decorative street light on
Holland Drive as outlined in the proposal, dated September 16, 2026 and included
in the October 8, 2026 packet.
BE IT FURTHER RESOLVED, the Swartz Creek Downtown Development
Authority agrees to pay the quoted $5,705.80 fee, plus a 15% contingency, for the
light installation, conditioned upon the city’s acceptance of the light on the city
lighting contract, such funds to be appropriated from DDA fund balance and
expensed from the DDA’s streetscape account.
Roll Call Vote
Yes: Henry, Beedy, Kelley, Parenteau, Kallas
No: None
Motion Carried.
FAÇADE GRANT APPLICATION
Mr. Kietzman explained there two phase project. The DDA deliberated at length about
grant qualifications, how the site would function as an outdoor dining area, safety on Miller
Road, the curb cut, and vendor quotes.
Resolution No. 261008-05

RESOLUTION TO APPROVE FAÇADE
APPLICATION FOR 7543 MILLER ROAD

Motion by Board Member: Parenteau
Second by Board Member: Henry
BE IT RESOLVED, the Swartz Creek Downtown Development Authority approves
the façade agreement for 7543 Miller Road as included in the October 8, 2026
DDA packet, funded up to 50% or $11,927.94, whichever is less, conditioned upon
construction of a 42” fence sufficient to safeguard pedestrians along the Miller
Road frontage as well as decorative vertical features along the west barrier of the
dining area.
Roll Call Vote
Yes: Henry, Beedy, Kelley, Parenteau, Kallas
No: None
Motion Carried.
Page 4 of 5
City Council Packet

Swartz Creek Downtown Development Authority
61

October 8, 2026
Octoer 26, 2026

MEETING OPEN TO PUBLIC:
Lania Rocha indicated that Jeepers Creekers was coming up. The plaza needs power for
the obstacle course, the donut vendor, the popcorn vendor, and Lemon Drop.
REMARKS BY BOARD MEMEBERS:
Tammy Parenteau: Complemented Feather and Fin on improvements.
Mr. Beedy: Thanked Brewer and Feather and Fin for their contributions.
Jeffrey Kelly: Twenty-five cars were at the car show on Sunday. Next Wednesday, the
SCAHS speaker will talk about coneys in Michigan.
ADJOURN
Meeting declared adjourned at 6:59 pm
_____________________________
Jeffrey E. Kelley

Page 5 of 5
City Council Packet

Swartz Creek Downtown Development Authority
62

October 8, 2026
Octoer 26, 2026

CITY OF SWARTZ CREEK
SWARTZ CREEK, MICHIGAN
MINUTES OF PLANNING COMMISSION
MEETING
OCTOBER 6, 2026
Meeting called to order at 7:00 p.m. by Chair Wyatt
Pledge of Allegiance.
ROLL CALL:
Commissioners present: Binder, Campbell Genovesi, Grimes, Henry, Krueger, Melen,
Wyatt
Commissioners absent:

Branoff

Staff present:

Adam Zettel, City Manager.

Others present:

Doug Scott (Rowe; applicant), Cameron Alvado (Rowe:
applicant)

Others Virtually Present: None
APPROVAL OF AGENDA:
Resolution No. 261006-01

(Carried)

Motion by Planning Commission Member Henry
Second by Planning Commission Member Krueger
I Move the Swartz Creek Planning Commission approves the agenda for the
October 6, 2026, Planning Commission meeting.
Unanimous Voice Vote
Motion Declared Carried
MINUTES OF MAY 5, 2026
Resolution No. 261006-02

(Carried)

Motion by Planning Commission Member Krueger
Second by Planning Commission Member Binder
I Move the Swartz Creek Planning Commission approves the amended Minutes
for the August 11, 2026, Planning Commission meeting.

1
City Council Packet

63

Octoer 26, 2026

Unanimous Voice Vote
Motion Declared Carried
MEETING OPENED TO THE PUBLIC: None.
BUSINESS:
5472 Miller Road Zoning Amendment:
Doug and Cameron described the zoning proposal, including the voluntary conditions of
combining the lot with the adjacent industrial use and to have a site plan approved in
twelve months.
Mr. Zettel then described his letter and review, noting the various neighborhood and
future land use maps and descriptions. He also emphasized the risk of not tying the
zoning change to conditions. The need to review a site plan in the context of the master
plan vision for the Miller Road corridor is also crucial to the zoning success.
There was some concern by the commission about other industrial uses being permitted
as of right under the new zoning designation.
Mr. Wyatt invited the public to speak at 7:20 by opening the public hearing. There was no
comment, and the hearing was closed at 7:20.
Resolution No. 260811-03

(Carried)

RESOLUTION TO RECOMMEND APPROVAL OF A ZONING AMENDMENT TO 5472
MILLER ROAD; 58-29-551-002, to I-1 (LIGHT INDUSTRIAL) from R-1 (SINGLE
FAMILY RESIDENTIAL)
Motion by Planning Commission Member Wyatt
Second by Planning Commission Member Binders
WHEREAS, the property owner has petitioned the City to rezone the parcel
commonly known as 5472 Miller Road, PID 58-29-551-002, from Single Family
Residential (R-1) to Light Industrial (I-1); and,
WHEREAS, the petition to rezone has been reviewed by the Planning Commission
as it relates to the objectives of the Master Plan, the Future Land Use Map, and
the requirements of the Zoning Ordinance; and,
WHEREAS, pursuant to MCL 125.3405, the property owner, through an authorized
representative, has voluntarily offered in writing certain conditions concerning the
use and development of the property in connection with the requested rezoning,
and has affirmed that such conditions are voluntarily offered by the property owner;
and,

2
City Council Packet

64

Octoer 26, 2026

WHEREAS, the voluntarily offered conditions provide that:
1. The subject property shall be combined with the adjoining parcel that is the
subject of the proposed development into a single parcel [5482 Miller Road,
58-29-551-003]; and,
2. A complete site plan application for the proposed development shall be
submitted to the City and site plan approval shall be obtained within one year
of the effective date of the rezoning; and,
WHEREAS, the Planning Commission acknowledges that the foregoing conditions
have been voluntarily offered by the property owner and are not conditions
required or imposed by the City as a prerequisite to consideration of the requested
rezoning; and,
WHEREAS, the Planning Commission, after reviewing the criteria contained in
Zoning Ordinance Section 24.04, finds that the proposed conditional zoning map
amendment for 5472 Miller Road to I-1 is consistent with the intent of the Master
Plan and satisfies the applicable zoning amendment criteria.
NOW, THEREFORE, BE IT RESOLVED, that the City of Swartz Creek Planning
Commission recommends that the Swartz Creek City Council approve the
conditional zoning map amendment of 5472 Miller Road, PID 58-29-551-002,
legally described as:
LOT 4 SUPERVISORS PLAT NO 44
from R-1 (Single Family Residential) to I-1 (Light Industrial), subject to the
conditions voluntarily offered in writing by the property owner as stated herein,
pursuant to MCL 125.3405.
BE IT FURTHER RESOLVED, that the Planning Commission's recommendation
of the conditional rezoning does not constitute site plan approval, and that any
required site plan shall be submitted, reviewed, and approved in accordance with
the applicable requirements and standards of the City of Swartz Creek Zoning
Ordinance.
Roll Call Vote
Yes: Grimes, Krueger, Henry, Melen, Wyatt, Binder, Genovesi, Campbell
No: None
Abstain: Henry
Motion Declared Carried
MEETING OPENED TO THE PUBLIC: None.
3
City Council Packet

65

Octoer 26, 2026

REMARKS BY PLANNING COMMISSION:
Commissioner Krueger joked that he did not expect a convention center to locate on the
site.
Commissioner Wyatt noted that he was interested in how people felt about Flock
cameras.
Adjourn
Meeting declared adjourned at 7:24 p.m.

Betty Binder, S ecretary

4
City Council Packet

66

Octoer 26, 2026

CITY OF SWARTZ CREEK
SWARTZ CREEK, MICHIGAN
INCENTIVE REVIEW COMMITTEE
MINUTES OF JUNE 1, 2026
Meeting called to order by Mr. Zettel at 10:00 a.m.
Members Present:

Todd Beedy, Jeffrey Kelly, Greg Dietrich, Heather MacDermaid, Adam
Zettel, Justin Sprauge

Members Absent:

None.

Others Present:

None.

APPROVAL OF AGENDA:

No adjustments.

APPROVAL OF MINUTES:

No minutes to approve.

MEETING OPEN TO THE PUBLIC: None.

Business:

Brewer Townhome Incentive Review

Justin explained the process and incentive policies briefly. He indicated that the application
before the committee is substantially complete and should be evaluated by the committee for
eligibility based on the 20 indicator instrument that was adopted by the DDA.
The assessor provided an opinion, as requested, that the units are likely to be valued at about
$300,000 (on average) and pay about $4,000 annually in TIF taxes. This is based on existing
sales/values. This could change dramatically based on the market. In addition, an annual
inflationary adjustment factor of 1.8% was agreed to be assumed for these values moving
forward.
The group went through the 20 question evaluation line by line. A score of 70 is needed to qualify
for incentives. The group was able to rate 19 of the 20 questions, with a score of 67. The question
on financing ability was left blank, pending further inquiries. In addition, the incentive rating
formula indicated that up to 90% of the TIF could be utilized by the project.
Further discussion ensued regarding the general project viability. The group agreed that, even if
the scoring is marginal, it is a project worth pursuing since the DDA was the author of the
development. Further, there was optimism that the Fortino Drive fronting units will be in higher
demand that the Morrish units.
The committee decided that the next step would be to detail the financial abilities of the
developer and conduct a further analysis of their source and use of funds at a future meeting.

City Council Packet

67

Octoer 26, 2026

This was set for 10am on June 24th, 2026 at the city offices. The developer will be requested to
attend.
MEETING OPEN TO THE PUBLIC: None.
MEMBER COMMENTS: None.

Adjourned at 11:25 a.m.
AHZ

City Council Packet

68

Octoer 26, 2026

CITY OF SWARTZ CREEK
SWARTZ CREEK, MICHIGAN
INCENTIVE REVIEW COMMITTEE
MINUTES OF JUNE 24, 2026
Meeting called to order by Mr. Zettel at 10:00 a.m.
Members Present:

Todd Beedy, Jeffrey Kelly, Greg Dietrich, Adam Zettel, Justin Sprauge
(departed at 10:50), Brett Jory, Angela , Emily Doerr

Members Absent:

None.

Others Present:

None.

APPROVAL OF AGENDA:

No adjustments.

APPROVAL OF MINUTES:

No adjustments.

MEETING OPEN TO THE PUBLIC: None.

Business:

Brewer Townhome Incentive Review

Mr. Zettel indicated that the last meeting concluded with the understanding that the project was
desirable if the developer could prove financial capacity. RBF provided some financial data
related to their various enterprises. The committee did not dispute their viability.
There was discussion and clarification regarding the potential DDA capture per unit, which was
ultimately estimated to be $3,800 per unit (90% of capture based on $155,000 increment).
The group discussed the ability of the DDA to provide enough increment to cover gap principle
and interest and how many years that might take. It was generally agreed that 29 years was too
long, that the initial term should be 15-20 years.
Motion by Jeffrey Kelley, support by Todd Beedy to direct staff to work with OHM and RBF to
craft a Tax Increment Financing and Development agreement for review by the DDA and City
Council. The conditions and assumptions set by the committee include:
1. DDA to provide TIF capture for the proposed 12 units to fund the financing gap between
unit costs and sale for Brewer Townhomes
a. 90% of capture will be paid, provided the DDA collects sufficient capture to make
payments
b. Capture is estimated to increase by 1.8% annually
c. Increment will be $155,000 for each unit in year one
d. Capture will include 18 years and include a provision to extend, which will not be
unreasonably withheld

City Council Packet

69

Octoer 26, 2026

e. Capture shall be used to repay principle and interest only (at market lending rates)
f. Capture repayment for principle and interest shall be capped at audited gap
amount (to be determined at each closing)
2. Sales must be arms length and in good faith
3. Construction of the 12 units shall occur within 36 months of agreement approval
4. The site plan and architectural renderings approved and on file shall be used, as amended
by the city
Yes: Kelly, Dietrich, Beedy, Zettel
No: None
Motion Carried.
MEETING OPEN TO THE PUBLIC: None.
MEMBER COMMENTS: None.

Adjourned at 11:16 a.m.
AHZ

City Council Packet

70

Octoer 26, 2026

Metro Police Authority Offense Summary
For Swartz Creek

Occurred 9/1/2026 - 9/30/2026
Offense

Total Offenses

2202 - 22001 - Burglary - Forced Entry - Residence (Including
Home Invasion)

2

2305 - 23005 - Larceny - Personal Property from Vehicle

2

2399 - 23007 - Larceny (Other)

1

2404 - 24001 - Vehicle Theft

1

2901 - 29000 - Damage to Property - Business Property

1

2902 - 29000 - Damage to Property - Private Property

2

3074 - 30002 - Retail Fraud Theft 2nd Degree

1

3078 - 30002 - Retail Fraud Theft 3rd Degree

1

5561 - 55000 - Animals at Large

1

8328 - 54003 - Motor Vehicle Violation

1

9910 - 93001 - Traffic, Non-Criminal - Accident

2

9913 - 93004 - Traffic, Non-Criminal - Parking Violations

1

9941 - 98004 - Inspections/Investigations - Other Inspections

1

9947 - 99002 - Miscellaneous - Natural Death

2

9953 - 99008 - Miscellaneous - General Assistance

4

Total

Page 1 ofCity
1 Council Packet

23

71

Generated on 10/13/2026 9:49:42
AM26, 2026
Octoer

Board Chair
Nate Henry

METRO POLICE AUTHORITY OF GENESEE COUNTY

Board Members

5420 Hill 23 Drive
Flint, MI 48507
(810) 820-2190
(810) 877-6537-FAX
[email protected]

Chief of Police
Mike Murphy
Lieutenant
Blake Hiben

Danelle Barker
Rae Lynn Hicks
David Krueger
Mike Odette
Jennifer Stainton
David Witter

Metro Police Authority Police Protection Unit Report- Q3 2026
The Swartz Creek Police Protection Unit calculation for Q3, 2026 is as follows:
2,876 (hours/PPUs) / 13 weeks = 221.2 (hours/PPUs) average per week.

City Council Packet

72

Octoer 26, 2026

REVENUE AND EXPENDITURE REPORT FOR CITY OF SWARTZ CREEK
PERIOD ENDING 09/30/2026

GL NUMBER
Fund 101 - General Fund
000.000 - General

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

3,062,535.00

3,062,535.00

1,207,612.12

1,854,922.88

39.43

172.000 - Executive

400.00

400.00

0.00

400.00

0.00

253.000 - Treasurer

120.00

120.00

0.00

120.00

0.00

301.000 - Police Dept

7,000.00

7,000.00

14,234.72

(7,234.72)

203.35

345.000 - PUBLIC SAFETY BUILDING

21,750.00

21,750.00

5,367.66

16,382.34

24.68

371.000 - Building/Zoning/Planning

134,400.00

134,400.00

26,662.00

107,738.00

19.84

444.000 - Sidewalks

6,000.00

6,000.00

0.00

6,000.00

0.00

448.000 - Lighting

18,500.00

18,500.00

6,962.40

11,537.60

37.63

523.000 - Grass, Brush & Weeds

1,500.00

1,500.00

2,100.00

(600.00)

140.00

694.000 - Community Development B

4,000.00

4,000.00

0.00

4,000.00

0.00

15.00

15.00

0.00

15.00

0.00

780.500 - Mundy Twp Park Services

18,619.00

18,619.00

0.00

18,619.00

0.00

782.000 - Facilities - Abrams Park

350.00

350.00

0.00

350.00

0.00

783.000 - Facilities - Elms Rd Park

6,000.00

6,000.00

1,445.00

4,555.00

24.08

790.000 - Facilities-Senior Center/Lib

9,000.00

9,000.00

1,422.67

7,577.33

15.81

TOTAL REVENUES

3,290,189.00

3,290,189.00

1,265,806.57

2,024,382.43

000.000 - General

13,800.00

13,800.00

101.000 - Council

27,745.00

172.000 - Executive

780.000 - Parks & Recreation

484.90

27,745.00

66,915.64
(53,115.64)
ERC Lighting Contract Paid Off
10,679.87
17,065.13

160,013.00

160,013.00

45,615.99

114,397.01

28.51

215.000 - Administration and Clerk

58,209.00

58,209.00

8,510.36

49,698.64

14.62

228.000 - Information Technology

37,000.00

37,000.00

13,731.67

23,268.33

37.11

247.000 - Board of Review

4,529.00

4,529.00

397.76

4,131.24

8.78

253.000 - Treasurer

159,585.00

159,585.00

35,338.06

124,246.94

22.14

257.000 - Assessor

48,683.00

48,683.00

10,325.22

38,357.78

21.21

City Council Packet

73

Octoer 26, 2026

38.49

GL NUMBER

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

262.000 - Elections

51,005.00

51,005.00

31,442.60

19,562.40

61.65

265.000 - Facilities - City Hall

25,865.00

25,865.00

7,900.44

17,964.56

30.54

266.000 - Legal Council

12,000.00

12,000.00

4,458.00

7,542.00

37.15

301.000 - Police Dept

13,000.00

13,000.00

(1.65)

13,001.65

(0.01)

301.266 - Legal Council PSFY

24,000.00

24,000.00

3,398.75

20,601.25

14.16

301.851 - Retiree Employer Health Ca

12,400.00

12,400.00

600.00

11,800.00

4.84

1,375,521.00

1,375,521.00

277,322.77

1,098,198.23

20.16

336.000 - Fire Department

202,100.00

202,100.00

79,763.60

122,336.40

39.47

345.000 - PUBLIC SAFETY BUILDING

41,903.00

41,903.00

15,729.55

26,173.45

37.54

371.000 - Building/Zoning/Planning

228,149.00

228,149.00

16,452.47

211,696.53

7.21

444.000 - Sidewalks

8,000.00

8,000.00

0.00

8,000.00

0.00

448.000 - Lighting

115,000.00

115,000.00

21,700.89

93,299.11

18.87

463.000 - Routine Maint - Streets

600.00

600.00

0.00

600.00

0.00

523.000 - Grass, Brush & Weeds

1,000.00

1,000.00

195.00

805.00

19.50

567.000 - Facilities - Cemetery

1,989.00

1,989.00

607.87

1,381.13

30.56

0.00

0.00

(23,816.00)

23,816.00

100.00

728.000 - Economic Development

8,000.00

8,000.00

0.00

8,000.00

0.00

780.000 - Parks & Recreation

17,202.00

17,202.00

5,565.01

11,636.99

32.35

780.500 - Mundy Twp Park Services

16,926.00

16,926.00

2,635.27

14,290.73

15.57

782.000 - Facilities - Abrams Park

54,983.00

54,983.00

38,154.23

16,828.77

69.39

783.000 - Facilities - Elms Rd Park

107,271.00

107,271.00

34,154.04

73,116.96

31.84

788.000 - Otterburn Disc Golf Park

229,260.00

229,260.00

4,415.73

224,844.27

1.93

790.000 - Facilities-Senior Center/Lib

34,746.00

34,746.00

8,443.72

26,302.28

24.30

794.000 - Community Promotions Pro

143,424.00

143,424.00

26,997.44

116,426.56

18.82

797.000 - Facilities - City Parking Lots

3,800.00

3,800.00

441.90

3,358.10

11.63

851.000 - Retired Employee Health C

35,800.00

35,800.00

6,308.07

29,491.93

17.62

334.000 - Metro Police Authority

694.000 - Community Development B

City Council Packet

74

Octoer 26, 2026

GL NUMBER

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

965.000 - Transfers Out

202,500.00

202,500.00

0.00

202,500.00

TOTAL EXPENDITURES

3,476,008.00

3,476,008.00

754,384.27

2,721,623.73

Fund 101 - General Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

3,290,189.00
3,476,008.00
(185,819.00)

3,290,189.00
3,476,008.00
(185,819.00)

1,265,806.57
754,384.27
511,422.30

2,024,382.43
2,721,623.73
(697,241.30)

38.47
21.70

723,013.00

723,013.00

130,459.23

592,553.77

18.04

4,600.00

4,600.00

1,091.88

3,508.12

23.74

200.00

200.00

0.00

200.00

0.00

0.00

0.00

7,637.00

(7,637.00)

100.00

6,000.00

6,000.00

0.00

6,000.00

0.00

733,813.00

733,813.00

139,188.11

594,624.89

228.000 - Information Technology

575.00

575.00

335.48

239.52

58.34

429.000 - Occupational Safety

142.00

142.00

283.14

(141.14)

199.39

441.000 - Miller Rd Park & Ride

5,381.00

5,381.00

1,172.44

4,208.56

21.79

449.500 - Right of Way - General

10,000.00

10,000.00

0.00

10,000.00

0.00

449.501 - Right of Way - Storms

100.00

100.00

0.00

100.00

0.00

454.000 - STREETS PROJECTS

26,000.00

26,000.00

10,608.04

15,391.96

40.80

463.000 - Routine Maint - Streets

116,703.00

116,703.00

92,648.67

24,054.33

79.39

474.000 - Traffic Services

44,625.00

44,625.00

5,682.38

38,942.62

12.73

478.000 - Snow & Ice Removal

83,535.00

83,535.00

1,322.49

82,212.51

1.58

482.000 - Administrative

18,296.00

18,296.00

3,840.55

14,455.45

20.99

538.500 - Intercommunity storm drain

10,500.00

10,500.00

540.66

9,959.34

5.15

TOTAL EXPENDITURES

315,857.00

315,857.00

116,433.85

199,423.15

Fund 202 - Major Street Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

733,813.00
315,857.00
417,956.00

733,813.00
315,857.00
417,956.00

139,188.11
116,433.85
22,754.26

594,624.89
199,423.15
395,201.74

Fund 202 - Major Street Fund
000.000 - General
441.000 - Miller Rd Park & Ride
452.100 - Safe Routes to School Gran
474.000 - Traffic Services
478.000 - Snow & Ice Removal
TOTAL REVENUES

City Council Packet

75

Octoer 26, 2026

0.00

18.97
36.86

GL NUMBER
Fund 203 - Local Street Fund
000.000 - General

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

238,577.00

238,577.00

39,373.62

199,203.38

16.50

449.000 - Right of Way Telecomm

26,000.00

26,000.00

0.00

26,000.00

0.00

478.000 - Snow & Ice Removal

4,500.00

4,500.00

0.00

4,500.00

0.00

931.000 - Transfers IN

250,000.00

250,000.00

0.00

250,000.00

0.00

TOTAL REVENUES

519,077.00

519,077.00

39,373.62

479,703.38

228.000 - Information Technology

700.00

700.00

335.47

364.53

47.92

429.000 - Occupational Safety

63.00

63.00

71.73

(8.73)

113.86

449.500 - Right of Way - General

3,500.00

3,500.00

0.00

3,500.00

0.00

449.501 - Right of Way - Storms

1,000.00

1,000.00

0.00

1,000.00

0.00

454.000 - STREETS PROJECTS

44,000.00

44,000.00

0.00

44,000.00

0.00

463.000 - Routine Maint - Streets

180,977.00

180,977.00

38,023.95

142,953.05

21.01

463.503 - Local Streets Rehab

250,000.00

250,000.00

0.00

250,000.00

0.00

474.000 - Traffic Services

15,860.00

15,860.00

2,401.68

13,458.32

15.14

478.000 - Snow & Ice Removal

68,520.00

68,520.00

1,289.54

67,230.46

1.88

482.000 - Administrative

13,722.00

13,722.00

2,880.54

10,841.46

20.99

538.500 - Intercommunity storm drain

12,800.00

12,800.00

540.66

12,259.34

4.22

TOTAL EXPENDITURES

591,142.00

591,142.00

45,543.57

545,598.43

Fund 203 - Local Street Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

519,077.00
591,142.00
(72,065.00)

519,077.00
591,142.00
(72,065.00)

39,373.62
45,543.57
(6,169.95)

479,703.38
545,598.43
(65,895.05)

7.59
7.70

Fund 204 - MUNICIPAL STREET FUND
000.000 - General

913,477.00

913,477.00

865,336.10

48,140.90

94.73

TOTAL REVENUES

913,477.00

913,477.00

865,336.10

48,140.90

905.000 - Debt Service

689,059.00

689,059.00

0.00

689,059.00

0.00

965.000 - Transfers Out

250,000.00

250,000.00

0.00

250,000.00

0.00

TOTAL EXPENDITURES

939,059.00

939,059.00

0.00

939,059.00

Fund 204 - MUNICIPAL STREET FUND:

City Council Packet

76

Octoer 26, 2026

2026-27
ORIGINAL
BUDGET
913,477.00
939,059.00
(25,582.00)

2026-27
AMENDED BUDGET
913,477.00
939,059.00
(25,582.00)

YTD BALANCE
09/30/2026
865,336.10
0.00
865,336.10

AVAILABLE
BALANCE
48,140.90
939,059.00
(890,918.10)

% BDGT
USED
94.73
0.00

Fund 226 - Garbage Fund
000.000 - General

597,092.00

597,092.00

548,640.64

48,451.36

91.89

TOTAL REVENUES

597,092.00

597,092.00

548,640.64

48,451.36

101.000 - Council

4,093.00

4,093.00

1,452.88

2,640.12

35.50

172.000 - Executive

11,149.00

11,149.00

3,098.69

8,050.31

27.79

215.000 - Administration and Clerk

4,257.00

4,257.00

580.60

3,676.40

13.64

228.000 - Information Technology

1,800.00

1,800.00

2,554.05

(754.05)

141.89

253.000 - Treasurer

25,749.00

25,749.00

6,228.34

19,520.66

24.19

265.000 - Facilities - City Hall

10,320.00

10,320.00

1,508.22

8,811.78

14.61

528.000 - Sanitation Collection

414,907.00

414,907.00

68,752.79

346,154.21

16.57

530.000 - Wood Chipping

78,173.00

78,173.00

26,936.51

51,236.49

34.46

782.000 - Facilities - Abrams Park

11,132.00

11,132.00

3,515.26

7,616.74

31.58

783.000 - Facilities - Elms Rd Park

16,274.00

16,274.00

4,806.60

11,467.40

29.54

TOTAL EXPENDITURES

577,854.00

577,854.00

119,433.94

458,420.06

Fund 226 - Garbage Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

597,092.00
577,854.00
19,238.00

597,092.00
577,854.00
19,238.00

548,640.64
119,433.94
429,206.70

48,451.36
458,420.06
(409,968.70)

91.89
20.67

Fund 248 - Downtown Development Fund
000.000 - General

240,392.00

240,392.00

163,594.64

76,797.36

68.05

728.000 - Economic Development

186,600.00

186,600.00

235,507.13

(48,907.13)

126.21

TOTAL REVENUES

426,992.00

426,992.00

399,101.77

27,890.23

000.000 - General

1,722.00

1,722.00

1,990.24

(268.24)

115.58

173.000 - DDA Administration

21,100.00

21,100.00

173.89

20,926.11

0.82

728.000 - Economic Development

118,873.00

118,873.00

1,790.35

117,082.65

1.51

728.002 - Streetscape

310,102.00

310,102.00

233,379.19

76,722.81

75.26

728.003 - Facade Program

20,000.00

20,000.00

0.00

20,000.00

0.00

GL NUMBER
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

City Council Packet

77

Octoer 26, 2026

GL NUMBER
728.004 - Family Movie Night

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

6,000.00

6,000.00

3,582.50

2,417.50

TOTAL EXPENDITURES

477,797.00

477,797.00

240,916.17

236,880.83

Fund 248 - Downtown Development Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

426,992.00
477,797.00
(50,805.00)

426,992.00
477,797.00
(50,805.00)

399,101.77
240,916.17
158,185.60

27,890.23
236,880.83
(208,990.60)

93.47
50.42

16.00

16.00

652.10

(636.10)

4,075.63

931.000 - Transfers IN

47,500.00

47,500.00

0.00

47,500.00

0.00

TOTAL REVENUES

47,516.00

47,516.00

652.10

46,863.90

265.000 - Facilities - City Hall

24,000.00

0.00

0.00

0.00

0.00

0.00

50,000.00

0.00

50,000.00

0.00

TOTAL EXPENDITURES

24,000.00

50,000.00

0.00

50,000.00

Fund 401 - Capital Project Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

47,516.00
24,000.00
23,516.00

47,516.00
50,000.00
(2,484.00)

652.10
0.00
652.10

46,863.90
50,000.00
(3,136.10)

1.37
0.00

Fund 402 - Fire Equip Replacement Fund
000.000 - General

9,200.00

9,200.00

3,684.98

5,515.02

40.05

931.000 - Transfers IN

155,000.00

155,000.00

0.00

155,000.00

0.00

TOTAL REVENUES

164,200.00

164,200.00

3,684.98

160,515.02

Fund 402 - Fire Equip Replacement Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

164,200.00
0.00
164,200.00

164,200.00
0.00
164,200.00

3,684.98
0.00
3,684.98

160,515.02
0.00
160,515.02

2.24
0.00

Fund 590 - Sanitary Sewer Fund
000.000 - General

75,000.00

75,000.00

25,058.78

49,941.22

33.41

536.000 - Sewer System

1,366,850.00

1,366,850.00

337,811.63

1,029,038.37

24.71

TOTAL REVENUES

1,441,850.00

1,441,850.00

362,870.41

1,078,979.59

101.000 - Council

10,407.00

10,407.00

3,634.63

6,772.37

34.92

172.000 - Executive

44,146.00

44,146.00

10,752.35

33,393.65

24.36

215.000 - Administration and Clerk

18,959.00

18,959.00

3,636.84

15,322.16

19.18

Fund 401 - Capital Project Fund
000.000 - General

792.000 - Facilities-Public Safety Bldg

City Council Packet

78

Octoer 26, 2026

59.71

GL NUMBER

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

228.000 - Information Technology

7,000.00

7,000.00

5,546.40

1,453.60

79.23

253.000 - Treasurer

93,789.00

93,789.00

24,426.14

69,362.86

26.04

265.000 - Facilities - City Hall

27,294.00

27,294.00

3,642.42

23,651.58

13.35

1,273,317.00

1,273,317.00

209,716.39

1,063,600.61

16.47

537.000 - Sewer Lift Stations

10,800.00

10,800.00

4,151.29

6,648.71

38.44

542.000 - Read and Bill

66,274.00

66,274.00

18,484.05

47,789.95

27.89

543.401 - Flush & TV Sewers

450,000.00

450,000.00

0.00

450,000.00

0.00

850.000 - Other Functions

3,000.00

3,000.00

0.00

3,000.00

0.00

TOTAL EXPENDITURES

2,004,986.00

2,004,986.00

283,990.51

1,720,995.49

Fund 590 - Sanitary Sewer Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

1,441,850.00
2,004,986.00
(563,136.00)

1,441,850.00
2,004,986.00
(563,136.00)

362,870.41
283,990.51
78,879.90

1,078,979.59
1,720,995.49
(642,015.90)

25.17
14.16

50,000.00

50,000.00

13,588.27

36,411.73

27.18

540.000 - Water System

2,396,750.00

2,396,750.00

613,137.62

1,783,612.38

25.58

TOTAL REVENUES

2,446,750.00

2,446,750.00

626,725.89

1,820,024.11

101.000 - Council

10,400.00

10,400.00

3,634.80

6,765.20

34.95

172.000 - Executive

43,883.00

43,883.00

10,784.95

33,098.05

24.58

215.000 - Administration and Clerk

19,559.00

19,559.00

3,637.18

15,921.82

18.60

228.000 - Information Technology

6,000.00

6,000.00

7,447.48

(1,447.48)

124.12

253.000 - Treasurer

109,800.00

109,800.00

21,928.36

87,871.64

19.97

265.000 - Facilities - City Hall

27,156.00

27,156.00

3,642.45

23,513.55

13.41

540.000 - Water System

2,237,211.00

2,237,211.00

477,983.35

1,759,227.65

21.37

542.000 - Read and Bill

55,591.00

55,591.00

12,343.75

43,247.25

22.20

850.000 - Other Functions

8,000.00

8,000.00

0.00

8,000.00

0.00

905.000 - Debt Service

339,575.00

339,575.00

0.00

339,575.00

0.00

TOTAL EXPENDITURES

2,857,175.00

2,857,175.00

541,402.32

2,315,772.68

536.000 - Sewer System

Fund 591 - Water Supply Fund
000.000 - General

City Council Packet

79

Octoer 26, 2026

GL NUMBER
Fund 591 - Water Supply Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

2026-27
ORIGINAL
BUDGET

2026-27
AMENDED BUDGET

YTD BALANCE
09/30/2026

AVAILABLE
BALANCE

% BDGT
USED

2,446,750.00
2,857,175.00
(410,425.00)

2,446,750.00
2,857,175.00
(410,425.00)

626,725.89
541,402.32
85,323.57

1,820,024.11
2,315,772.68
(495,748.57)

25.61
18.95

Fund 661 - Motor Pool Fund
000.000 - General

280,600.00

280,600.00

88,000.33

192,599.67

31.36

TOTAL REVENUES

280,600.00

280,600.00

88,000.33

192,599.67

172.000 - Executive

10,930.00

10,930.00

12,585.00

(1,655.00)

115.14

800.00

800.00

2,460.22

(1,660.22)

307.53

1,183.00

1,183.00

286.21

896.79

24.19

335,793.00

335,793.00

172,529.09

163,263.91

51.38

3,000.00

3,000.00

0.00

3,000.00

0.00

TOTAL EXPENDITURES

351,706.00

351,706.00

187,860.52

163,845.48

Fund 661 - Motor Pool Fund:
TOTAL REVENUES
TOTAL EXPENDITURES
NET OF REVENUES & EXPENDITURES

280,600.00
351,706.00
(71,106.00)

280,600.00
351,706.00
(71,106.00)

88,000.33
187,860.52
(99,860.19)

192,599.67
163,845.48
28,754.19

31.36
53.41

TOTAL REVENUES - ALL FUNDS
TOTAL EXPENDITURES - ALL FUNDS
NET OF REVENUES & EXPENDITURES

10,861,556.00
11,615,584.00
(754,028.00)

10,861,556.00
11,641,584.00
(780,028.00)

4,339,380.52
2,289,965.15
2,049,415.37

6,522,175.48
9,351,618.85
(2,829,443.37)

39.95
19.67

228.000 - Information Technology
253.000 - Treasurer
265.100 - Facilities - City Garage
850.000 - Other Functions

City Council Packet

80

Octoer 26, 2026

Genesee County Metropolitan Planning Commission
Community Development Block Grant Program

2028-2030
Pre-Application Guide
Pre-Applications Due: Monday, November 30, 2026
An Equal Opportunity Organization
www.gcmpc.org
Index

Program Managers
Program Managers will be your primary contact person at GCMPC for this Call for Projects. If
you have questions, please reach out to your respective Program Manager as seen below:
Anna Trujillo: 810-766-6560
[email protected]

Gwynneth Coselman: 810-766-6565
[email protected]
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

City of Clio
City of Davison
City of Grand Blanc
City of Montrose
Argentine Township
Atlas Township
Davison Township
Forest Township
Gaines Township
Mt Morris Township
Richfield Township
Thetford Township
Village of Gaines
Village of Goodrich
Village of Otisville
Village of Otter Lake

City Council Packet

•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

81

City of Burton
City of Fenton
City of Flushing
City of Linden
City of Mt Morris
City of Swartz Creek
Clayton Township
Fenton Township
Flint Township
Flushing Township
Genesee Township
Grand Blanc Township
Montrose Township
Mundy Township
Vienna Township

Octoer 26, 2026

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
What is CDBG?

3

What Projects Are Eligible Under CDBG?

4

What is Neighborly?

5

What Is My Community’s Estimated Allocation Amount?

6

SAM Registration Expiration Dates

7

CDBG Program Policies

8

Genesee County Low- and Moderate-Income Areas Map

9

Income Survey Form

11

What Are the Public Involvement Requirements for CDBG Project Proposals?

13

Sample Public Notice of Local Public Needs Hearing

14

Sample Press Release for Local Public Needs Hearing

15

Sample Attendance List for Local Public Needs Hearing

16

Approved 2027 Genesee County Annual Action Plan Projects

17

City Council Packet

82

Octoer 26, 2026

2

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
What is CDBG?
The U.S. Department of Housing and Urban Development (HUD) provides Community
Development Block Grant (CDBG) funds to entitlement community grantees, like
Genesee County, to carry out a wide range of community development activities.
These activities are directed primarily toward revitalizing neighborhoods, encouraging
economic development, and providing improvements to community facilities and
services in low to moderate income areas.
To determine annual CDBG award amounts, HUD uses a funding formula comprised of
several measures of community need. These measures include: the extent of poverty,
population, housing, and overcrowding.
Each CDBG assisted activity must meet at least one of the following National
Objectives for the program:
1. Provide benefit to low- and moderate-income persons and households; or
2. Aid in the prevention or elimination of slums or blight conditions
The following are considered by HUD to be presumed benefit populations and can be
served outside of low-to-moderate income areas:
•

Elderly (62 and older)

•

Abused Children

•

Battered Spouses

•

Persons with Disabilities

•

Homeless Persons

•

Illiterate Adults

•

Persons with AIDS

•

Migrant Farm Workers

City Council Packet

83

Octoer 26, 2026

3

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
What Projects Are Eligible Under CDBG?
Projects that are located in low to moderate income areas (Page 9), or directly
benefiting low to moderate income persons or households are typically eligible under
the CDBG program. The following list can help you identify the types of community
needs you may be able to address with a CDBG funded project. Keep in mind that this
list is not all-inclusive and new project ideas are encouraged. Please note that up to
30% of the local unit of government’s allocation can be used for Public Service
Projects.

•
•
•
•
•
•
•
•

•
•
•
•
•
•
•

Construction Projects

Public Service Projects

Sidewalk Improvements
Street Improvements
Water/Sewer Improvements
Improvements to lighting in public
spaces
Improvements to neighborhood
parks/recreational facilities
Acquisition of real property
Special Assessment Assistance
Construction/Rehabilitation of
publicly owned buildings (not used
for general government)
Streetscape improvements in
neighborhoods/commercial districts
Purchase firefighting equipment
Demolition and clearance activities
Single family housing
rehabilitation/improvements
Historic Preservation
Neighborhood clean-up efforts
Art installations/creating
aesthetically pleasing public places

•
•
•
•
•
•

City Council Packet

84

Code enforcement activities
Senior Programs/Services
Job Training
Crime Prevention/Public Safety
Education Programs
Recreational Programs

Octoer 26, 2026

4

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
What is Neighborly?

Neighborly is the portal where CDBG grantees and subrecipients (LUGs) can access
their grant information and request reimbursements for completed projects. Preapplications and full applications are submitted through Neighborly and reviewed by
Community Development staff. The subrecipient portal can be accessed at
https://portal.neighborlysoftware.com/geneseecountymi/Participant.
An initial pre-application is required to be submitted before an application will be
considered. Community Development staff will review pre-applications prior to the
submission of full applications.
The full application will include a scope of work for each project and a timeline for
completion. A guide to starting a new CDBG application in Neighborly can be found
here: https://gcmpc.org/wp-content/uploads/2026/02/CDBG-ApplicationsNeighborly-User-Guide.pdf.
Once your application has been approved, you will see your grant account listed in
the table of Grants. Click “View” to load the grant account screen.
All proposals must be submitted through Neighborly. No fax, mail deliveries, in person, or
email proposals will be accepted.
Genesee County Priorities

The Genesee County Board of Commissioners has implemented a set of four countywide goals. Subrecipients who accept CDBG funding will be required to identify one
goal that their project will support in their Neighborly application. In addition to
identifying the goal, please also describe the steps you will take to meet that goal.
The goals are as follows:
1. Healthy, Livable, and Safe Communities
2. Long Term Financial Stability
3. Inclusive, Collaborative Culture
4. Community and Economic Growth
Details regarding these goals and priorities can be found here: Priorities (13) (1).pdf

City Council Packet

85

Octoer 26, 2026

5

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
What Is My Community’s CDBG Allocation Amount?

The following table reflects the estimated 2028-2030 CDBG Allocation of each
community. The dollar amounts listed in the table are only estimates and are subject
to change based on the number of applications received and the actual funding
received by Genesee County from the U.S. Department of Housing and Urban
Development.

City Council Packet

Community

Estimated Allocation

City of Burton

$247,384

City of Clio

$18,273

City of Davison

$42,477

City of Fenton

$76,182

City of Flushing

$51,160

City of Grand Blanc

$78,448

City of Linden

$28,679

City of Montrose

$16,345

City of Mt. Morris

$32,798

City of Swartz Creek

$38,434

Argentine Township

$52,275

Atlas Township

$51,652

Clayton Township

$52,275

Davison Township

$165,516

Fenton Township

$102,105

Flint Township

$282,603

Flushing Township

$97,367

Forest Township

$36,599

Gaines Township

$57,968

Genesee Township

$215,263

Grand Blanc Township

$279,610

Montrose Township

$49,433

Mt Morris Township

$200,546

Mundy Township

$104,602

Richfield Township

$71,150

Thetford Township

$46,366

Vienna Township

$94,741

Village of Gaines

$10,000

Village of Goodrich

$15,795

Village of Otisville

$10,000

Village of Otter Lake

$10,000
86

Octoer 26, 2026

6

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
SAM Registration Expiration Dates
Argentine Township
Atlas Township
City of Burton
City of Clio
City of Davison
City of Fenton
City of Flushing
City of Grand Blanc
City of Linden
City of Montrose
City of Mt. Morris
City of Swartz Creek
Clayton Township
Davison Township
Fenton Township
Flint Township
Flushing Township
Forest Township
Gaines Township
Genesee Township
Grand Blanc Township
Montrose Township
Mt. Morris Township
Mundy Township
Richfield Township
Thetford Township
Vienna Township
Village of Gaines
Village of Goodrich
Village of Otter Lake
Village of Otisville

4/22/2027
5/4/2027
7/9/2027
3/17/2027
7/9/2027
5/7/2027
6/4/2027
9/29/2026
9/22/2026
10/15/2026
11/12/2026
5/18/2027
6/18/2027
4/17/2027
10/10/2026
3/6/2027
3/3/2027
7/7/2027
11/11/2026
9/8/2026
12/1/2026
12/4/2026
3/3/2027
10/18/2026
4/16/2027
9/29/2026
1/21/2027
2/10/2027
7/15/2027
8/11/2026

Active SAM registration is required to receive federal funding and must be updated
annually. If you need assistance with this process, please contact your project
manager. Proof of active SAM registration is to be submitted with the Pre-Application
Form(s).

City Council Packet

87

Octoer 26, 2026

7

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program

CDBG Program Policies
The following program recommendations were approved and adopted by the
Genesee County Board of Commissioners in June of 2018.
Continuing Program Details:
1. Participating local units will be provided a funding estimate for their community
which is formula based (population/poverty/over-crowded housing)
2. Staff will continue to assist with or implement projects for the local units of
government
3. Public service projects will be 1-year contracts
4. All local units will apply for projects at the same time
5. Call for projects will cover a 3-year cycle
6. Mandatory pre-application process
7. Minimum application of $5,000 per project
8. Any funding remaining after projects have been approved will be disbursed via
formula to the approved projects
9. Inter-local loan agreements will not be allowed; current agreements will be
honored
10. Applicants can propose which year of the 3-year cycle they would like to
complete their project in
11. Construction projects will have 1 year to complete the project
12. Project funding that remains after project completion can be transferred to
another approved project
13. New projects will not be approved after projects are approved for the 3-year
cycle
14. Participating local units can apply for up to 30% of their estimated funding to be
used for public service projects
15. A second call for projects will be done only if necessary

City Council Packet

88

Octoer 26, 2026

8

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program

An online version of the maps can be found at: https://gcmpc.org/wpcontent/uploads/2026/02/LUG-LowMod-Maps-2020-ACS-Data.pdf.

City Council Packet

89

Octoer 26, 2026

9

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
If your local unit of government would like to propose an eligible project in an area that is
not deemed low-to-moderate income, the Income Survey Form on the following page
can be used to collect household income information for residents that would benefit from
the proposed project. Using the data collected, GCMPC will determine if the proposed
project would meet the national objective of benefitting low-to-moderate income
persons. Contact staff for additional guidance prior to utilizing this process.

City Council Packet

90

Octoer 26, 2026

10

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program

Income Survey Form
Dear Resident of:
The

(address)
is conducting an Income Survey to assess the need
for public improvements in your area.

(unit of government)

Please indicate the total number of persons comprising your household. Then indicate in the
appropriate box, listed under income, your gross household income from all sources. Gross income
includes all monies earned (before taxes) by all persons residing within your household.
Number of Persons in Household:
Total Household Income:
$ 0 - $42,500
$42,501 - $48,550
$48,551 - $54,600
$54,601 - $60,650
$60,651 - $65,550
$65,551 - $70,400
$70,401 - $75,250
$75,251 - $80,100
$80,101+
Signature:

Date:

An envelope has been provided for your use in returning this form to the Genesee County
Metropolitan Planning Commission (GCMPC) Suite 8D, 324 S Saginaw Street, Flint, MI 48502. Thank
you for your cooperation.
Very truly yours,
(Local Official)

City Council Packet

91

Octoer 26, 2026

11

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program

City Council Packet

92

Octoer 26, 2026

12

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
What Are the Public Involvement Requirements for CDBG Project Proposals?
All potential projects that your community is considering submitting for funding must be
mentioned, discussed and recorded within minutes at a local public needs hearing in
order to be considered for approval under the Genesee County CDBG Program. The
following requirements must be followed for properly conducting a public needs hearing:
Prior to the Local Public Needs Hearing


A public notice of the hearing must be published in your local paper at least one
week in advance of the hearing (Page 14)



Request an Affidavit from the publisher to submit as proof of publication with your
CDBG Application OR a copy of the newspaper page

At the Local Public Needs Hearing


Can be held as part of an official meeting of your governing body OR can be held
as a separate meeting



The requirements of the Open Meetings Act and any other applicable state or local
laws must be adhered to



An attendance list must be signed by all those attending the hearing (Page 16)
o If meeting is held virtually, please submit a list of all participants with
application



The public must be advised of the estimated amount of CDBG funds available to
your community



The public must be provided with a list of the types of eligible projects under CDBG



The public must be given an opportunity to express community development needs
and to propose projects



The public should be asked for comments on your past CDBG activities



Any potential projects to be included in the CDBG Pre-Application Forms must be
discussed at this hearing



Detailed meeting minutes must be taken and submitted with the application
o Minutes are to include all public comments



Submit to GCMPC, with Pre-Application Form(s), the following documents:
o Proof of a public notice publication
o Press release from the local public needs hearing
o Meeting minutes from the local public needs hearing
o Attendance list from the local public needs hearing
o Proof of active SAM registration

City Council Packet

93

Octoer 26, 2026

13

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program

Sample Public Notice of Local Public Needs Hearing
Public Notice
The (Name of Local Unit of Government) will hold a public needs hearing on the use of its
2028-2030 Federal Community Development Block Grant (CDBG) Program funds on (Date)
at (Time) at (Location and Address).
The purpose of the hearing is to offer an opportunity for citizens to express their ideas on
community needs and project proposals concerning the use of Federal CDBG funds for
the (Year) Program Year. The hearing will also provide an opportunity for citizens to
comment on past CDBG projects.

City Council Packet

94

Octoer 26, 2026

14

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program

Sample Press Release for Local Public Needs Hearing
Press Release
(Name of Local Unit of Government) to hold Community Development Hearing
The (Name of Local Unit of Government) will hold a Community Development Public
Needs Hearing on (Date) at (Time) at (Location and Address).
The purpose of the hearing is to offer an opportunity for citizens to express their ideas on
community needs and project proposals concerning the use of Federal Community
Development Block Grant (CDBG) funds for the 2028-2030 Program Years.
The (Name of Local Unit of Government) expects to receive approximately $ (Estimated
2028-2030 Project Funding) of 2028-2030 CDBG funds. The funds are provided by the
Genesee County Metropolitan Planning Commission Community Development Program
from an annual entitlement grant received from the U.S. Department of Housing and
Urban Development (HUD).
The funds are intended primarily
neighborhoods.

City Council Packet

for projects

95

in low- and

moderate-income

Octoer 26, 2026

15

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
Sample Attendance List for Local Public Needs Hearing
(Name of Local Unit of Government) 2028-2030 Community Development Block Grant
Public Needs Hearing
Attendance List
Name

Address

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
City Council Packet

96

Octoer 26, 2026

16

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
The following list is to serve as a reference and reminder of already approved CDBG
projects for Program Year 2027.
Approved 2027 Genesee County Annual Action Plan Projects
2027 Community Development Block Grant (CDBG) Program - Estimated 2027 Grant
Award: $1,781,340
Genesee County – 2027 CDBG Planning and Administration
Genesee County Metropolitan Planning Commission will provide Community Development Block
Grant funding for Planning and Administration of CDBG projects.
This activity will be funded with $366,616 of 2027 Genesee County CDBG funds.
Commissioner Districts: Countywide
Genesee County – 2027 CDBG Home Improvement Program (HIP)
Genesee County will provide funding for the Community Development Block Grant Home
Improvement Program throughout Genesee County.
This activity will be funded with $574,201 of 2027 Genesee County CDBG funds.
Commissioner Districts: Countywide
Atlas Township – Senior Programming
Atlas Township will provide funding for senior services through the township offices (7386 Gale Rd,
Grand Blanc MI 48439) including transportation, emergency radios, smoke/carbon monoxide
detectors, meals, and other services as needed by residents.
This activity will be funded with $1,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 5
Atlas Township – Historic Preservation
Atlas Township will provide funding for the Historic Preservation of the Goodrich Library/Lyceum
Building (10237 Hegel Rd, Goodrich MI 48438). Work to include repairs to windows, plaster,
foundation, elevator, and fire escape.
This activity will be funded with $48,088 of 2027 Genesee County CDBG funds.
Commissioner Districts: 5
City of Burton – Senior Center Operations
The City of Burton will provide funding for operational costs at the Burton Area Senior Center
located at 3410 S. Grand Traverse Street, Burton, MI 48529.
This activity will be funded with $16,787 of 2027 Genesee County CDBG funds.
Commissioner Districts: 3
City of Fenton – Blight Elimination
The City of Fenton will provide funding the demolition of property owned by the City of Fenton
due to blight conditions, the specific address is to be determined.
This activity will be funded with $65,036 of 2027 Genesee County CDBG funds.
Commissioner Districts: 6

City Council Packet

97

Octoer 26, 2026

17

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
City of Fenton – Senior Programming
The City of Fenton will provide funding for senior activities to Southern Lakes Parks and Recreation
located at 150 S Leroy St, Fenton, MI 48430.
This activity will be funded with $5,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 6
City of Fenton – Home Improvement Program (HIP)
The City of Fenton will contribute funds towards the Genesee County Home Improvement
Program.
This activity will be funded with $15,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 6
City of Flushing – Removal of Architectural Barriers
The City of Flushing will provide funding for the renovation of the Tucker Pool building at Riverview
Park (230 S Cherry St, Flushing MI 48433) to create a barrier free entryway and accessible
restrooms.
This activity will be funded with $25,800 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8
City of Flushing – Public Facility Improvements
The City of Flushing will provide funding for the addition of two windows to the Flushing Area
Senior Center annex to allow for natural lighting (106 Elm St, Flushing MI 48433).
This activity will be funded with $9,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8
City of Flushing – Public Facility Improvements
The City of Flushing will provide funding for the replacement of air conditioner and blower for the
lunchroom at the Flushing Area Senior Center (106 Elm St, Flushing MI 48433).
This activity will be funded with $7,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8
City of Grand Blanc – Senior Center Operations
The City of Grand Blanc will provide funding for operational expenses at the Grand Blanc Senior
Center located at 12632 Pagels Drive, Grand Blanc, MI 48439.
This activity will be funded with $2,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 5
City of Mt. Morris – Public Facility Improvement
The City of Mt. Morris will fund beautification improvements to public facilities in the downtown
area (intersection of Saginaw & Mt. Morris Roads).
This activity will be funded with $3,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 7
City of Swartz Creek – Senior Center Operations
The City of Swartz Creek will provide funding for operational expenses at the Swartz Creek Area
Senior Center located at 8095 Civic Drive, Swartz Creek, MI 48473.
This activity will be funded with $3,518 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8

City Council Packet

98

Octoer 26, 2026

18

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
Clayton Township – Senior Center Operations
Clayton Township will provide funding to the Swartz Creek Senior Center (8095 Civic Dr, Swartz
Creek MI 48473), and to the Flushing Senior Center (106 Elm St, Flushing MI 48433) for operating
costs including wages, supplies and senior activities.
This activity will be funded with $3,333 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8
Davison Township – Public Facility Improvements
Davison Township will provide funding for the replacement of three furnace units with new highefficiency units at the Davison Senior Center (10135 Lapeer Rd, Davison MI 48423).
This activity will be funded with $29,657 of 2027 Genesee County CDBG funds.
Commissioner Districts: 3, 9
Fenton Township – Senior Services
Fenton Township will provide funding to Southern Lakes Parks & Recreation for program fees for
senior recreation programs.
This activity will be funded with $5,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 6
Flint Township – Senior Center Food Pantry
Flint Township will provide funding to the Carman-Ainsworth Senior Food Pantry located at 2071 S.
Graham Road, Flint, MI 48532 for purchasing supplies for seniors residing in Flint Township.
This activity will be funded with $20,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 2, 4, 8
Flint Township – Crime & Fire Prevention
Flint Township will provide funding for crime prevention activities and the distribution/installation
of carbon monoxide and smoke detectors in low-to-moderate income areas within the Township.
This activity will be funded with $10,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 2, 4, 8
Flint Township – Blight Elimination
Flint Township will provide funding for the demolition of publicly owned properties due to blight
conditions, the specific address is to be determined.
This activity will be funded with $45,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 2, 4, 8
Flint Township – Infrastructure Improvements
Flint Township will provide funding for street improvements, specific locations need to be
determined.
This activity will be funded with $177,132 of 2027 Genesee County CDBG funds.
Commissioner Districts: 2, 4, 8
Flushing Township – Senior Center Operations
Flushing Township will provide funding for operational expenses at the Flushing Senior Center
located at 106 Elm Street, Flushing, MI 48433.
This activity will be funded with $5,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8

City Council Packet

99

Octoer 26, 2026

19

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
Flushing Township – Removal of Architectural Barriers
Flushing Township will provide funding to construct a handicap accessible kayak/canoe launch
and remove existing barriers at the Flushing Township Nature Park (8301 N McKinley Rd, Flushing
MI 48433).
This activity will be funded with $25,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8
Flushing Township – Blight Elimination
Flushing Township will provide funding for the demolition of publicly-owned properties due to
blight conditions, the specific address is to be determined.
This activity will be funded with $34,851 of 2027 Genesee County CDBG funds.
Commissioner Districts: 8
Forest Township – Public Facility Improvements
Forest Township will provide funding to provide electricity to the pavilion located behind the
Forest Township Senior Center (130 E. Main St, Otisville MI 48463), and installation of lights along
pathway to the pavilion.
This activity will be funded with $20,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 9
Forest Township – Public Facility Improvements
Forest Township will provide funding to replace of the flooring at the Forest Township Senior
Center (130 E. Main St, Otisville MI 48463).
This activity will be funded with $16,977 of 2027 Genesee County CDBG funds.
Commissioner Districts: 9
Gaines Township – Senior Center Operations
Gaines Township will provide funding for operational expenses at the Swartz Creek Senior Center
located at 8095 Civic Drive, Swartz Creek, MI 48473.
This activity will be funded with $14,803 of 2027 Genesee County CDBG funds.
Commissioner Districts: 6
Genesee Township – Senior Center Operations
Genesee Township will provide funding for operational expenses at the Eastside Senior Center
located at 3056 Genesee Road, Flint, MI 48506.
This activity will be funded with $15,350 of 2027 Genesee County CDBG funds.
Commissioner Districts: 9
Genesee Township – Blight Elimination
Genesee Township will provide funding for the demolition of publicly-owned properties due to
blight conditions, the specific address is to be determined.
This activity will be funded with $100,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 9
Grand Blanc Township – Senior Center Operations
Grand Blanc Township will provide funding for operational expenses at the Grand Blanc Senior
Center located at 12632 Pagels Drive, Grand Blanc, MI 48439.
This activity will be funded with $20,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 4, 5

City Council Packet

100

Octoer 26, 2026

20

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
Legal Services of Eastern Michigan – Fair Housing
Legal Services of Eastern Michigan will provide funding to conduct fair housing activities across
Genesee County. Testing and enforcement services help ensure that the Genesee County
community is affirmatively furthering fair housing practices and complying with fair housing law.
This activity will be funded with $25,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: Countywide
Mt. Morris Township – Senior Center Operations
Mt. Morris Township will provide funding for operational expenses such as transportation costs and
newsletter printing at Krapohl Senior Center located at 5473 Bicentennial Drive #G, Mt Morris, MI
48458.
This activity will be funded with $7,500 of 2027 Genesee County CDBG funds.
Commissioner Districts: 1, 7
Mt. Morris Township – Youth Programming
Mt. Morris Township will provide funding to Kings Karate (G-5339 N. Saginaw, Flint MI 48505) for
supplies, uniforms, training equipment and other related needs for low/moderate-income
participants.
This activity will be funded with $3,334 of 2027 Genesee County CDBG funds.
Commissioner Districts: 1, 7
Mt. Morris Township – Youth Programming
Mt. Morris Township will provide funding to the Salvation Army LIFE Center (1475 Coldwater Rd,
Flint MI 48505) for their youth mentoring program, for literacy curriculum, classroom furniture and
technology.
This activity will be funded with $3,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 1, 7
Mt. Morris Township – Youth Programming
Mt. Morris Township will provide funding to the Beecher Community Development Council (1309
Coldwater Rd, Flint MI 48505) for youth mentoring events, basic needs, food and community
services projects.
This activity will be funded with $3,334 of 2027 Genesee County CDBG funds.
Commissioner Districts: 1, 7
Mt. Morris Township – Code Enforcement
Mt. Morris Township will provide funding for code enforcement officer's wages and abatement
activities at properties within the low/moderate-income areas of the township.
This activity will be funded with $20,666 of 2027 Genesee County CDBG funds.
Commissioner Districts: 1, 7
Mundy Township – Blight Elimination
Mundy Township will provide funding for the demolition of publicly-owned properties due to
blight conditions, the specific address is to be determined.
This activity will be funded with $15,692 of 2027 Genesee County CDBG funds.
Commissioner Districts: 4
Mundy Township – Parks Programming
Mundy Township will provide funding to the Miracle League of Greater Flint (MLGF) for
operational expenses associated with the creation of a baseball program for adults with
City Council Packet

101

Octoer 26, 2026

21

Genesee County 2028-2030 Community Development Block Grant (CDBG) Program
disabilities. The program will take place at the Hill Road Park located at 1286 Hill Road, Mundy
Township, MI 48507.
This activity will be funded with $3,605 of 2027 Genesee County CDBG funds.
Commissioner Districts: 4
Mundy Township – Senior Center Operations
Mundy Township will provide funding to the Mundy Township Senior and Enrichment Center (1286
Hill Rd, Flint, MI 48507) for operating costs including employee wages, supplies and activities.
This activity will be funded with $7,209 of 2027 Genesee County CDBG funds.
Commissioner Districts: 4
Richfield Township – Senior Center Operations
Richfield Township will provide funding for operational expenses at the Davison Area Senior
Center located at 10135 Lapeer Road, Davison, MI 48423.
This activity will be funded with $4,380 of 2027 Genesee County CDBG funds.
Commissioner Districts: 9
Thetford Township – Infrastructure Improvements
Thetford Township will provide funding to install a new walking/bike bath along Saginaw Road
between Dodge Rd and Frances Rd.
This activity will be funded with $33,405 of 2027 Genesee County CDBG funds.
Commissioner Districts: 7
Vienna Township – Senior Center Operations
Vienna Township will provide funding for operational expenses at the Clio Area Senior Center
located at 2136 W. Vienna Road, Clio, MI 48420. Expenses include but are not limited to staff
wages, senior programming and medical supplies for senior citizens. The medical closet provides
items such as underwear/diapers, gauze pads, antiseptics, bandages etc. to senior residents in
need.
This activity will be funded with $10,000 of 2027 Genesee County CDBG funds.
Commissioner Districts: 7
Village of Goodrich – Senior Programming
The Village of Goodrich will provide funding for senior services through the village offices (7338 S
State Rd, Goodrich MI 48438) emergency radios, smoke/carbon monoxide detectors, first aid kits,
and other supplies and services as needed by residents.
This activity will be funded with $1,667 of 2027 Genesee County CDBG funds.
Commissioner Districts: 5

City Council Packet

102

Octoer 26, 2026

22

City Council Packet

103

Octoer 26, 2026

City Council Packet

104

Octoer 26, 2026

City Council Packet

105

Octoer 26, 2026

City Council Packet

106

Octoer 26, 2026

City Council Packet

107

Octoer 26, 2026

City Council Packet

108

Octoer 26, 2026

From:
To:
Cc:
Subject:
Date:
Attachments:

Doug Scott
Adam Zettel
Cameron Alvado
5472 Miller Road Rezoning
Tuesday, September 29, 2026 11:44:57 AM
4c1ea39c-e5f6-4623-aa14-437c1f3d5d2c.png
25e52852-4e14-48e5-9bad-fb63cef276c2.png
71ae3e67-4f86-407c-bf65-676d3613f667.png
6ba54dea-1b8c-4f21-a18e-bbcd8e9e539f.png
8880c069-f753-4d23-8b77-eca4695a0ce6.png
845fd9d4-962e-42a6-a766-f06e53089a6f.png
16e7a043-f4f3-4b3a-ae64-b02f2cac636e.png

Adam:
I apologize for the late response to your email regarding the conditional approval of the abovementioned parcel. Cameron is on vacation until tomorrow and asked me to reach out.
I have discussed the request of a voluntary conditional rezoning which includes the intent to
combine the two parcels and submit / obtain site plan approval within one year. That is
definitely the intent of the Owner and they have agreed to this condition.
Please let me know if you have any questions or require additional information.
Thank you!

Doug Scott, PE, LEED AP

Senior Project Manager, Associate

​

O: (810) 341-7500

C: (810) 869-5111

This electronic mail, including any attachments may contain confidential information protected by law and is intended solely for use by
the individual to whom or entity to which it is addressed. If the reader of this message is not the intended recipient, or an employee or
agent responsible for delivering this message, the reader is hereby notified that any use, dissemination, distribution or copying of the
information is strictly prohibited. If you have received this communication in error, please notify me immediately by phone or return
electronic mail. Thank you.

City Council Packet

109

Octoer 26, 2026

From:
To:
Cc:
Subject:
Date:
Attachments:

Doug Scott
Adam Zettel
Cameron Alvado; Tre Liston
Re: [EXTERNAL]: RE: 5472 Miller Road Rezoning
Tuesday, September 29, 2026 1:34:25 PM
image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
0befd732-cab6-49e7-8d0a-c1a4a6bc8621.png
60d84240-b917-4c51-b63a-a03def1a6d79.png
bd6cd0d8-1bf8-4be6-9985-cfd3ba2d3ace.png
fc87fc52-92e8-4679-8508-e824fc9ba514.png
731a4fe3-9501-479c-9e27-3f885b6949e7.png
2ee0cc28-d0eb-453c-b890-3922b7e39e34.png
27d03327-432d-4854-8430-d5dbf5eae05f.png

Yes, I spoke with Tre Liston (property owner) this morning and he authorized me to speak on
his behalf and agree to the conditions stated below.
Tre is also copied on this email.

Doug Scott, PE, LEED AP

Senior Project Manager, Associate

​

O: (810) 341-7500

C: (810) 869-5111

This electronic mail, including any attachments may contain confidential information protected by law and is intended solely for use by
the individual to whom or entity to which it is addressed. If the reader of this message is not the intended recipient, or an employee or
agent responsible for delivering this message, the reader is hereby notified that any use, dissemination, distribution or copying of the
information is strictly prohibited. If you have received this communication in error, please notify me immediately by phone or return
electronic mail. Thank you.

From: Adam Zettel <[email protected]>
Sent: Tuesday, September 29, 2026 1:30 PM
To: Doug Scott <[email protected]>
Cc: Cameron Alvado <[email protected]>
Subject: [EXTERNAL]: RE: 5472 Miller Road Rezoning

CAUTION: This email originated externally. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Thank you. That works for our purposes.
For the record, please confirm that you are authorized to make this representation on
behalf of the property owner and that the owner voluntarily offers the following
conditions pursuant to MCL 125.3405 as part of its rezoning request:
1. The two subject parcels will be combined into a single parcel; and

City Council Packet

110

Octoer 26, 2026

2. A complete site plan application will be submitted to the City and site plan
approval obtained within one year of the effective date of the rezoning.
Upon your confirmation, I intend to incorporate those voluntarily offered conditions into
the Planning Commission recommendation and, if recommended for approval, the
subsequent rezoning ordinance considered by City Council.

Adam Zettel, AICP

City Manager
Swartz Creek City
8083 Civic Drive
Swartz Creek, MI 48473
810.635.4464 general office
810.287.2147 mobile
[email protected]
https://www.facebook.com/CityofSwartzCreek
This communication, along with any documents, files or attachments, is intended only for the use of
the addressee and may contain legally privileged and confidential information. If you are not the
intended recipient, you are hereby notified that any dissemination, distribution or copying of any
information contained in or attached to this communication is strictly prohibited. If you have received
this message in error, please notify the sender immediately and destroy the original communication
and its attachments without reading, printing or saving in any manner. This communication does not
form any contractual obligation on behalf of the sender or the City of Swartz Creek and, when
applicable, the opinions expressed here are my own and do not necessarily represent those of the
City.

From: Doug Scott <[email protected]>
Sent: Tuesday, September 29, 2026 11:45 AM
To: Adam Zettel <[email protected]>
Cc: Cameron Alvado <[email protected]>
Subject: 5472 Miller Road Rezoning
Adam:
I apologize for the late response to your email regarding the conditional approval of the abovementioned parcel. Cameron is on vacation until tomorrow and asked me to reach out.
I have discussed the request of a voluntary conditional rezoning which includes the intent to
combine the two parcels and submit / obtain site plan approval within one year. That is
definitely the intent of the Owner and they have agreed to this condition.
Please let me know if you have any questions or require additional information.
City Council Packet

111

Octoer 26, 2026

Thank you!

Doug Scott, PE, LEED AP

Senior Project Manager, Associate

​

O: (810) 341-7500

C: (810) 869-5111

This electronic mail, including any attachments may contain confidential information protected by law and is intended solely
for use by the individual to whom or entity to which it is addressed. If the reader of this message is not the intended
recipient, or an employee or agent responsible for delivering this message, the reader is hereby notified that any use,
dissemination, distribution or copying of the information is strictly prohibited. If you have received this communication in
error, please notify me immediately by phone or return electronic mail. Thank you.

City Council Packet

112

Octoer 26, 2026

City Council Packet

113

Octoer 26, 2026

City Council Packet

114

Octoer 26, 2026

Adam Zettel, AICP
City Manager
[email protected]

Date: October 23, 2026
Attention:

Swartz Creek Planning Commission

Subject:

Zoning Map Amendment
Parcel: 5472 Miller Road, PID 58-29-551-002
See attached, application and supporting materials

Dear Chairman and Commissioners:
City staff has reviewed the above application submitted by Gen4 Properties LLC for
consideration of the zoning change of 5472 Miller Road (PID 58-26-551-002) from Single
Family Residential (R-1) to Light Industrial (I-2). This parcel is commonly known as the
vacant land east of Wistuba Outdoor Services, which lies on the north side of Miller across
from the Genesee Valley Golf Course.
The process to rezone property includes an amendment to the zoning map, which is an
official component of the city’s zoning ordinance. This requires a public hearing, review,
and recommendation by the planning commission, followed by a review and consideration
of a zoning ordinance amendment by the city council. The October 6th meeting was
scheduled and noticed accordingly for a hearing, which included publication in a
newspaper of general circulation and direct mailing to owners within 300 feet of the
subject parcel.
APPLICATION SUBMISSION
The application is complete and fees paid. The submission also includes the plat map, an
aerial image, and a note that this parcel is intended to be combined legally and
functionally with the property to the west, 5482 Miller Road, 58-29-551-003. In addition, I
have sought clarification on this note and a subsequent site plan condition so that these
are formally incorporated into the zoning request. A land combination is expected to be
administrative. Any use changes proposed for the parcel in question, 5472 Miller Road,
will be subject to further site plan and/or other reviews.
Note that the parcel in question is currently in violation of the city ordinance due to the
parking/storage of commercial vehicles and equipment on the site without a valid site plan
____________________________________________________________________________________
8083 Civic Drive
Swartz Creek Michigan 48473
Phone: (810)-635-4464
Fax: (810)-635-2887
www.cityofswartzcreek.org
ftp://cityofswartzcreek.org
City Council Packet

115

Octoer 26, 2026

October 6, 2026
Planning Commission
5472 Miller Road Zoning Petition
Page 2 of 5
and zoning. Enforcement of these provisions has been granted a temporarily suspended
by staff pending zoning AND site plan reviews.
CRITERIA FOR AMENDMENT OF THE OFFICIAL ZONING MAP
In considering any petition for an amendment to the official zoning map, the planning
commission and city council shall consider the following criteria in making its findings,
recommendations and decision:
A. Consistency with the goals, policies, and future land use map of the City of Swartz
Creek Master Plan. If conditions upon which the master plan was developed (such as
market factors, demographics, infrastructure, traffic and environmental issues) have
changed significantly since the master plan was adopted, as determined by the city,
the planning commission and council shall consider the consistency with recent
development trends in the area.
Finding: Conceptual Support for Amendment
Please note the “Neighborhoods” map from the 2022 Master Plan. This specific parcel,
as well as the parcel to the west that is currently I-1, are noted to be in the GM
Neighborhood, along with GM. However, the rest of the area corridor is in the
Otterburn Neighborhood. I believe this was a very conscious decision, with the
understanding that the existing I-1 parcel is very small and functions as a transitional
use to GM and the rail line. Including the parcel in question assumes a reasonable
expansion of the existing use to a scale that provides more functionality. However, the
vision for the corridor should remain intact, which is reflected by the notes on the
Otterburn Neighborhood. I am including both below. Note that the parcel in question
is subject to the GM Neighborhood and influenced by the vision for the Otterburn
Neighborhood.
GM
This is the heavy industrial area of GM and surrounding properties, mostly
on Dye Road. This area has the potential for more intense industrial uses,
with the understanding that the Miller Road properties must develop or
evolve to maintain lower impacts on traffic, visibility, and other externalities.
OTTERBURN
This neighborhood is the namesake of the historic train stop known as
Otterburn, as well as the new park on Bristol at Miller Road. This area is the
City’s eastern gateway and is a mix of residential and office. The community
must endeavor to maintain a safe and efficient transportation corridor that
____________________________________________________________________________________
8083 Civic Drive
Swartz Creek Michigan 48473
Phone: (810)-635-4464
Fax: (810)-635-2887
www.cityofswartzcreek.org
ftp://cityofswartzcreek.org
City Council Packet

116

Octoer 26, 2026

October 6, 2026
Planning Commission
5472 Miller Road Zoning Petition
Page 3 of 5
services heavy car traffic, bike lanes, and a 2022 non-motorized trail. The
City should also encourage uses and designs that are inviting to visitors.
Note the Future Land Use Map. While the map shows this entire district as potential
office, I believe the specific notes on the GM Neighborhood permit industrial uses that
align with the guidance therein. Summarily, a zoning change to I-1 makes sense for
this parcel, but the subsequent site plan should consider the guidance for the
neighborhood in its review.
B. Compatibility of the site's physical, geological, hydrological, and other environmental
features with the host of uses permitted in the proposed zoning district.
Finding: No Adverse Findings
Expanding the existing industrial parcel in accordance with site plan requirements
provides a larger physical scale that could improve traffic ingress/egress. The existing
site is very small and tough to manage.
There are no known geological, hydrological, or other environmental features that are
a concern.
C. Evidence the applicant cannot receive a reasonable return on investment through
developing the property with at least one of the uses permitted under the current
zoning.
Finding: No Adverse Findings
Though somewhat subjective, staff finds that the use of the site for new single family
residential, institutional, or related uses is not likely to be economically viable. For
residential, this parcel is in direct proximity to the rail line, GM, and the existing I-1
site. These uses make a market transaction for new residential unlikely. The site is
not large enough to support most other institutional uses on its own.
D. The compatibility of all the potential uses allowed in the proposed zoning district with
surrounding uses and zoning in terms of land suitability, impacts on the environment,
density, nature of use, traffic impacts, aesthetics, infrastructure and potential influence
on property values.
Finding: No Adverse Findings; Subject to Site Plan
As noted, the areas is in direct proximity to the rail line, GM, and an existing I-1 use
that proposes to incorporate this site. Miller Road is also a primary major street with a
____________________________________________________________________________________
8083 Civic Drive
Swartz Creek Michigan 48473
Phone: (810)-635-4464
Fax: (810)-635-2887
www.cityofswartzcreek.org
ftp://cityofswartzcreek.org
City Council Packet

117

Octoer 26, 2026

October 6, 2026
Planning Commission
5472 Miller Road Zoning Petition
Page 4 of 5
higher traffic volume and speed. For these reasons, I-1 is compatible. However, in
considering the specific notes on the GM and Otterburn Neighborhood, the master
plan acknowledges that the corridor should still be developed to be inviting and
compatible with existing residential and proposed office uses.
Summarily, the uses for I-1 would be permissible, subject to the manner in which they
are permitted through site plan.
E. The capacity of the city's infrastructure and services sufficient to accommodate the
uses permitted in the requested district without compromising the "health, safety, and
welfare."
Finding: No Adverse Findings
There is ample capacity in traffic, water, sewer, and public services for this location.
F. The apparent demand for the types of uses permitted in the requested zoning district
in relation to the amount of land currently zoned and available to accommodate the
demand.
Finding: No Adverse Findings
Industrial demand appears to be higher than all other land uses, as evidenced by
construction of similar properties on Dye Road and in nearby areas. There is not
specific data to support this.
G. The request has not previously been submitted within the past one year, unless
conditions have changed or new information has been provided.
Finding: No Adverse Findings
This is the first request on record.
H. Other factors deemed appropriate by the planning commission and city council.
Finding: Subject to Planning Commission Review
Enabling an expansion of the existing I-1 use makes sense based upon the intent of
the master plan and the circumstances observed. This is especially true since the
parcel in question is not an existing single-family residence, but a vacant lot. The
primary concern is ensuring subsequent development and use maintains an ‘inviting’
corridor.
____________________________________________________________________________________
8083 Civic Drive
Swartz Creek Michigan 48473
Phone: (810)-635-4464
Fax: (810)-635-2887
www.cityofswartzcreek.org
ftp://cityofswartzcreek.org
City Council Packet

118

Octoer 26, 2026

October 6, 2026
Planning Commission
5472 Miller Road Zoning Petition
Page 5 of 5
RECOMMENDATION
The plan to rezone the property, combine it with the existing I-1 parcel, and expand the
use in accordance with an approved site plan makes much sense based on the
circumstances and the intent of the master plan.
Since the owner is requesting the rezoning conditioned upon the combination with the
adjacent parcel and a subsequent site plan, this does mitigate the risk of the owner
potentially selling the parcel or proposing a separate site plan for the rezoned parcel
without a combination. Such outcomes could be very different and negate the rational
behind this potential change.
However, that planning commission is considering the zoning change with the voluntary
conditional rezoning from the petitioner in which they agree to combine the parcel and/or
submit and receive site plan approval within twelve months. Under 24.07 of the Zoning
Appendix A, and MCL 125.3405, I believe this to be the most prudent method of ensuring
each party satisfies their needs.
Please contact me directly if you have any comments or inquiries on the matter. I am
happy to receive comments in person, in writing, over the phone, or via e-mail.
Sincerely,

Adam H. Zettel, AICP
City of Swartz Creek
810.287.2147
[email protected]

____________________________________________________________________________________
8083 Civic Drive
Swartz Creek Michigan 48473
Phone: (810)-635-4464
Fax: (810)-635-2887
www.cityofswartzcreek.org
ftp://cityofswartzcreek.org
City Council Packet

119

Octoer 26, 2026

NEIGHBORHOODS

Winchester Village

Octoer 26, 2026

42

Crapo

SCHOOL ST

Northtown

EB I 69

Grand Trunk

Park

Elms

S ELMS RD
WB I 69

Miller

Parkridge

Otterburn HeightsElms Park

Springbrook

Markwood

Brimley Gardens

Downtown
DR
FORTINO

Swartz Creek Master Plan Update | Swartz Creek, Michigan

Winchester Meadows

CAPPY LN

MILLER RD

Walsh

South Winchester

Abrams Park

WINSTON DR

S.C. Estates

S SEYMOU R RD

East Carriage

Winchester Woods

West Carriage

S SEYMOUR RD

Source: City of Swartz Creek 2021, SmithGroup 2022

120
FAIRCHILD ST

S MORRISH RD

City Council Packet

0

Otterburn

Genesse Valley
Golf Course

GM

0.25

0.5

neighborhoods, see pages 48-49.
1

Miles

For a summary overview of the remaining

62 Downtown

47 Walsh

46 Pearl Harbor Interchange

45 Miller

43 South Winchester

42 Winchester Village

40 Northtown

I

FOR DETAILED STRATEGIES, SEE PAGES

Begole Farms

Atkins Acres

W BRISTOL RD

Heritage Village

S DYE RD

FUTURE LAND USE

Source: City of Swartz Creek 2021, SmithGroup 2022

See page 41

See page 60

See page 45

City Council Packet

121

SmithGroup

Octoer 26, 2026

75

CONDITIONAL REZONING AGREEMENT
THIS AGREEMENT made October __, 2026, by and between the City of Swartz
Creek ("City"), a Michigan Municipal Corporation, whose offices are Located at 8083
Civic Dr, Swartz Creek, MI 48473, and Gen4 Properties, LLC ("Gen4"), a Michigan
Limited Liability Company, whose address is 3400 W. Bristol Road, Flint, Michigan
48507.
RECITALS
WHEREAS, Gen4 is the fee title holder of certain real property ("Property")
located at 5472 Miller Road, Swartz Creek, MI 48473 with a parcel number of
58-29-551-002, located within the City of Swartz Creek, State of Michigan, and fully
legally described as:
LOT 4 SUPERVISORS PLAT NO 44
WHEREAS, Gen4 applied to rezone the Property from the zoning classification
of Single Family Residential to Light Industrial pursuant to the City of Swartz Creek
Zoning Ordinance;
WHEREAS, pursuant to MCL 125.3405, Gen4 by its choice, through an
authorized representative, has voluntarily offered in writing certain conditions
concerning the use and development of the Property in connection with the requested
rezoning, and affirms that the Property owner is voluntarily offering these conditions;
WHEREAS the Planning Commission, after reviewing the criteria contained in
Zoning Ordinance Section 24.04, finds that the proposed conditional zoning map
amendment for 5472 Miller Road to Light Industrial is consistent with the intent of the
Master Plan and satisfies the applicable zoning amendment criteria.

1 of 5
City Council Packet

122

Octoer 26, 2026

WHEREAS on October 6, 2026, the City of Swartz Creek Planning Commission
voted to recommend approval of Gen4's request to rezone the Property and to accept
Gen4's proposed conditions for the rezoning and recommended the City enter into this
Conditional Rezoning Agreement ("Agreement"); and
WHEREAS, on October ___, the Swartz Creek City Council considered and
reviewed the recommendation of the Planning Commission and voted to approved
Gen4's requested rezoning, accept Gen4's proposed conditions for rezoning of the
Property and approve the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, the City and Gen4 agree as follows:
1. Conditional Rezoning
A. Pursuant to Section 405 of the Michigan Zoning Enabling Act, MCL
125.3405, Gen4 agrees to combine the Property with the adjoining parcel
that is the subject of the proposed development into a single parcel, the
parcel being the property commonly known as 5482 Miller Road, Swartz
Creek, MI 48473, with parcel number of 58-29-551-003; and
B. Gen4 shall submit a complete site plan application for the proposed
development to the City and site plan approval shall be obtained within
one year of the effective date of the rezoning;
2. Rezoning Conditions
Gen4 agrees that the development of the Property will proceed in accordance
with all applicable City and State of Michigan code and ordinance requirements for the
proposed development.
3. Future Development
The conditional zoning conditions set forth in Paragraph 1 above shall apply
only to the development of the Property. All future development of the Property shall
be in strict compliance with all applicable City Ordinances and regulations.
4. Entire Agreement

2 of 5
City Council Packet

123

Octoer 26, 2026

This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof, and all prior or contemporaneous agreements or
understandings with respect hereto shall be deemed merged into this Agreement.
5. No Oral Amendments or Modifications
No amendments, waivers or modifications hereof shall be made or deemed to
have been made unless in writing and executed by the parties hereto.
6. Severability
If any provision of this Agreement shall be declared invalid, illegal, or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement
shall not be affected thereby and this Agreement shall be construed as if those
provisions were not contained in this Agreement.
7. Applicable Law
This Agreement shall be interpreted and enforced according to the laws of the
State of Michigan.
8. Recordation
This Agreement shall be deemed to be in recordable form and shall be
recorded with the Lapeer County Register of Deeds immediately after execution.
9. Violation and Enforcement
The failure of any party to complain or enforce any act or omission on the part
of another party, no matter how long the same may continue, shall not be deemed to
be an acquiescence or wavier by such party of any of its rights hereunder, No waiver
by any party at any time, express or implied, or any breach of any provision of this
Agreement shall be deemed a waiver of a breach of any other provision of this
Agreement or any consent to any subsequent breach of the same or any other
provision of this Agreement. If any action by any party shall require the consent or
approval of another party, such consent or approval of such action shall not be
deemed a consent to or approval of any other provision of this Agreement
10. Violation of Zoning Ordinance
Any failure by Gen4 to comply with the terms and conditions of this Agreement
shall constitute a violation of the City of Swartz Creek Zoning Ordinance and subject
Gen4 to the applicable penalties and remedies provided by law, including equitable
relief.
3 of 5
City Council Packet

124

Octoer 26, 2026

11. Binding Effect; Assignment
This Agreement shall bind and inure to the benefit of the City and the
successors and assigns of Gen4.
12. Effective date
The conditional rezoning approved by the City Council shall be effective upon
the date after the enactment by the City of an amendment to the Zoning Ordinance and
Zoning Map, rezoning the Property from Single Family Residential to Light Industrial,
and the expiration of the time period within which referendum on the Zoning Ordinance
amendment may be petitioned for under the Michigan Zoning Enabling Act has expired
without a referendum petition having been filed, or, if a referendum election is held on
the Zoning Ordinance amendment, the date after which such amendment has been
certified as having been approved by the electors.
The rezoning shall be a conditional rezoning and subject to the terms and
conditions set forth in this Agreement. In the event Gen4 fails to meet the conditions of
this Agreement, then the approval of the site plan for the proposed developments shall
terminate. In such an event, Gen4 may thereafter develop the Property only in
accordance with a site plan that is approved by the Planning Commission and
complies with all City zoning, engineering, building and fire codes, as well as
Ordinances in effect that time.

-signature page follows-

4 of 5
City Council Packet

125

Octoer 26, 2026

STATE OF MICHIGAN)
COUNTY of GENESEE)
On this day of October____, 2026, before me a Notary Public in and for the County,
personally appeared Adam Zettel, to me personally known, who, being by me duly
sworn, did say that he is the City Manager for the City of Swartz Creek and that he
signed this Agreement on behalf of the municipal corporation by authority of its City
Council; and acknowledged the instrument to be the free act and deed of the City of
Swartz Creek, a Michigan Municipal Corporation.
__________________________
Notary public, Genesee County, State of Michigan
Acting in Genesee County, Michigan
My commission expires: ________________
____________________
Adam Zettel, City Manager
City of Swartz Creek
STATE OF MICHIGAN)
COUNTY of GENESEE)
On this day of October____, 2026, before me a Notary Public in and for the County,
personally appeared_____________ to me personally known, who, being by me duly
sworn, did say that he is a Member of Gen4 Properties, LLC and that he signed this
Agreement on behalf of Gen4 Properties, LLC by authority of its members; and
acknowledged the instrument to be the free act of Gen4 Properties, LLC, a Michigan
Limited Liability Company,
__________________________
Notary public, Genesee County, State of Michigan
Acting in Genesee County, Michigan
My commission expires: ________________
____________________
Name:__________________
Authorized Representative
Gen4 Properties, LLC

5 of 5
City Council Packet

126

Octoer 26, 2026

City Council Packet

127

Octoer 26, 2026

CEM Support Center
Consumers Energy, Lansing Service Center, Rm. 122, 530 W. Willow St., Lansing, MI 48906-4754

July 16, 2026

NOTIFICATION #:
1076886571

CITY OF SWARTZ CREEK
8083 CIVIC DR
SWARTZ CREEK, MI 48473-1377
REFERENCE:

5023 HOLLAND DR, SWARTZ CREEK

Dear Valued Customer,
Thank you for contacting Consumers Energy for your energy needs. Please note the Notification Number above and
include it on any correspondence you send. Please note the Account Number, located above the Account Name on
your invoice, when submitting payment.
Enclosed for approval and signature is the original Authorization for Change and Resolution covering the replacement
and/or installation of streetlight(s). You are responsible for the final restoration.

The estimated cost for your energy request is as follows:
Non Refundable Agreement for Installation of Electric Facilities:
Winter Construction Costs:
Installation Charge:
Additional Costs
Total Estimated Cost:
Less Prepayment Received:
Total Estimated Cost Due:

$
$

10,282.50

$
$

10,282.50
-

$ 10,282.50

Please sign and return the original Authorization for Change and Resolution in the enclosed self-addressed envelope or
email to: [email protected]. Payment in full is required before the installation can be
scheduled for construction.
Please review all attached materials carefully and direct inquiries for your request to:
Gabriel Poletti

Council Packet
STLT City
6-16

at

810-760-3485

.

128

Octoer 26, 2026

A CMS Energy Company

Dear New Electric Customer:

Thank you for your request for electric service. In order to expedite your request and meet your schedule, we have deleloped the following list of items requiring
action by you (Customer Responsibilities). These requirements must be met before we can install your service.
CUSTOMER RESPONSIBILITIES
1)

Service Location:

A copy of our design document may be included in your customer packet. If included, your service entrance equipment should
be located at the spot indicated by an “X” as shown on the design document (Form 2804). Install the meter socket 3½ - 5 feet
above final grade of this location.

2)

Meter Socket:

Residential metering equipment furnished free of charge, owned and maintained by Consumers Energy includes: meters and
one or two position self-contained meter sockets. Contact the company representative assigned to your notification for
locations to pick-up the meter socket. For metering installations that require a three or more position self-contained meter
socket, the customer will be required to purchase approved meter sockets from a distributor or supplier of their choice.

3)

Payment:

An invoice may be included in your customer packet. If included, the deposit amount on the invoice must be paid prior to
installation of your service. Additional charges may apply and will be billed/or a refund issued upon completion of your service
installation.

4)

Site Conditions:

The site must be within three (3) inches of final grade before we can install your service. If you have requested an
underground service, you will need to clear a 12-foot wide path that is free of building materials, brush, trees, shrubs, etc,
along the proposed service route to avoid delays. Our Forestry Department can provide this service for you at an additional
charge. For overhead service, nominal line clearing will be provided at no charge. Any extensive line clearing may require
additional charges. After your service is installed, we will backfill and place excavated earth over the trench. You are
responsible for the final restoration and ensuring that the grading over the trench is at the required level.

5)

Staking:

To avoid damage, you must mark (stake) your existing private underground facilities such as: well, septic systems, sprinkler
system, any underground wires, buried LPG tanks, piping, or other unusual buried facilities. These stakes must be apparent
when we arrive to install the service. We cannot reimburse you for damage to facilities that are not properly staked. You do
not need to stake the utilities’ electric, gas or communication lines.

6)

Mobile Home or
Temporary Service:

If you requested service to a mobile home or temporary electric service, you will be required to set your own pole or install a
pipe for underground service in accordance with Consumers Energy specifications. Contact the Consumers Energy
representative assigned to your notification for additional information.

7)

Construction Repair:

If additional line work is required to reach your location due to site conditions or other unusual circumstances, extra charges
may be incurred.

8)

ELECTRICAL INSPECTION: YOU ARE RESPONSIBLE FOR ENSURING THAT ALL ELECTRICAL PERMITS AND INSPECTIONS ARE OBTAINED BEFORE ANY

SERVICE CONNECTIONS CAN BE MADE. WIRINGS MUST COMPLY WITH LOCAL AND STATE ELECTRICAL CODES. NOTE:
CAUTION SHOULD BE USED WHEN WORKING INSIDE FUSE PANEL. PANEL MAY BE ENERGIZED AFTER SERVICE IS
9)

Additional Charges:

Underground services installed during the months of December through April may be subject to an additional charge. Unusual
site conditions may also require an additional charge. These charges will be communicated to you in advance of construction.

10)

Joint Trenching:

Discounts for installation of electric and gas service in the same trench (joint trench) are applied in calculating the gas service
contribution.

11)

Usage Rate:

Customers are billed at a general service rate while the structure is under construction. If the structure is a home, then the
owner of the home, upon receiving a Certificate of Occupancy, should call 1-800-477-5050 to ensure the gas and/or electric
rates are changed to an appropriate rate.

Please keep these procedures in a convenient location to review as we proceed with designing your service and constructing the job. If any of the characteristics of the service
request are changed and not communicated to us, you may experience delays and/or additional charges.

If you have any questions regarding these requirements please direct inquiries to:

Gabriel Poletti

at

810-760-3485

2801 6-16
City Council Packet

129

Octoer 26, 2026

A CMS Energy Company

PLEASE RETURN THE CHECKED DOCUMENTS BELOW TO CONSUMERS
ENERGY IN THE ENVELOPE PROVIDED
TO EXPEDITE SERVICE, RETURN VIA EMAIL TO:
[email protected]
AGREEMENT FOR INSTALLATION (Please return all pages of contracts)
(Form 93, Form 94 and Form 95 - 2 Page Document Each)
(Form 861, Form 862 and Form 230 - 4 Page Document Each)

PAYMENT WITH INVOICE STUB
(BOTTOM STUB IS REQUIRED FOR PROCESSING)

REQUEST FOR ELEVATED CUSTOMER DELIVERY PRESSURE
STANDARD LIGHTING CONTRACT (MUST BE CERTIFIED BY CLERK)

EMAIL STREETLIGHT CONTRACTS TO:
[email protected]

SIGNED CUSTOMER ATTACHMENT PROGRAM (CAP) CONTRACT
(PLEASE ENSURE TO CHECK PAYMENT OPTION ON CONTRACT)

GO READY FORM (FORM 1250)
TO EXPEDITE SERVICE, RETURN VIA EMAIL TO:
[email protected]

SITE READY PHOTO(S)
TO EXPEDITE SERVICE, RETURN VIA EMAIL TO:
[email protected]

OTHER:
ELECTRIC SERVICE NOTIFICATION:
GAS SERVICE NOTIFICATION:
ELECTRIC OH DISTRIBUTION NOTIFICATION:
ELECTRIC UG DISTRIBUTION NOTIFICATION:
GAS MAIN NOTIFICATION:
STREETLIGHT NOTIFICATION:

City Council Packet
BP CL 9-18

1076886571

130

Octoer 26, 2026

Form 3808 11-2018
Page 1 of 2

$10,282.50
July 30, 2026
9328865466
CITY OF SWARTZ CREEK
8083 CIVIC DR
SWARTZ CREEK MI 48473-1377
07/16/26

3000 2633 2951
5023 HOLLAND DR SWARTZ CREEK - ELECTRIC UTILITY INSTALLATION - NOTIFICATION NUMBER (s): 1076886571 -

Electric Streetlights-CIAC
Electric Streetlights-Trench Base
Electric Streetlights-Trench
Electric Streetlights-Avery Cutoff
Electric Streetlights-Fluted Pole

2.0 EA
1.0 EA
10.0 EA
2.0 EA
2.0 EA

$230.00
$850.00
$2.25
$1,075.00
$3,400.00

TOTAL DUE:

$460.00
$850.00
$22.50
$2,150.00
$6,800.00

$10,282.50

Gabriel Poletti -810-760-3485 -

3000 2633 2951
CONSUMERS ENERGY
CEM Support Ctr - Lansing RM 122
530 W Willow St
Lansing, MI 48906-4754

$10,282.50
July 30, 2026

PREPAYMENT REQUEST

6 330039954459 000010282507 0000 2056 5 300026332951
City Council Packet

131

H

Octoer 26, 2026

Form 3808 11-2018
Page 2 of 2

City Council Packet

132

Octoer 26, 2026

Form 547 11-2014
AUTHORIZATION FOR CHANGE IN STANDARD LIGHTING
CONTRACT(COMPANY-OWNED) FORM 547

Contract Number: 103033446230
Consumers Energy Company is authorized as of _________________ by the City of SWARTZ CREEK CITY,
to make changes, as listed below, in the lighting system(s) covered by the existing Standard Lighting
Contract between the Company and the City of SWARTZ CREEK CITY, dated 11/1/2018.
Lighting Type: General Unmetered Light Emitting Diode Lighting Rate GU-LED
Except for the changes in the lighting system(s) as herein authorized, all provisions of the aforesaid
Standard Lighting Contract dated 11/1/2018 shall remain in full force and effect.
Notification Number(s): 1076886571
Comments: 11902298
City of SWARTZ CREEK CITY
By: ____________________________________________
(Signature)
____________________________________________
(Printed)
Its: ____________________________________________
(Title)
This Agreement may be executed and delivered in counterparts, including by a facsimile or an
electronic transmission thereof, each of which shall be deemed an original. Any document
generated by the parties with respect to this Agreement, including this Agreement, may be imaged
and stored electronically and introduced as evidence in any proceeding as if original business
records. Neither party will object to the admissibility of such images as evidence in any proceeding
on account of having been stored electronically.

City Council Packet

133

Octoer 26, 2026

Form 547 11-2014
RESOLUTION
RESOLVED, that it is hereby deemed advisable to authorize Consumers Energy Company to make
changes in the lighting service as provided in the Standard Lighting Contract between the Company
and the City of SWARTZ CREEK CITY, dated 11/1/2018, in accordance with the Authorization for
Change in Standard Lighting Contract dated _________________,
heretofore submitted to and considered by this ☐ commission ☐ council ☐ board; and
RESOLVED, further, that the _______________________ Clerk be and are authorized to execute such
authorization for change on the behalf of the City.
STATE OF MICHIGAN
COUNTY OF GENESEE
I, _______________________, clerk of the City of SWARTZ CREEK CITY do hereby certify that the foregoing
resolution was duly adopted by the
☐ commission ☐ council ☐ board of said municipality, at the meeting held on ___________________.

___________________________
Dated:
____________________
Municipal Customer Type: City

City Council Packet

134

Octoer 26, 2026

Form 547 11-2014

GENERAL UNMETERED LIGHT EMITTING DIODE LIGHTING RATE GU-LED
• (2) 70 watt LED White Post Top Avery to Install at location LOC 2 AND 3 ON HOLLAND BETWEEN
INGELLS AND MILLER RD;

City Council Packet

135

Octoer 26, 2026

N
MILLER RD
1/0TX

336+SN

3P

182'

356'

55-3

5

2

50Y

4TX

2220
5015

5' 10

70 L

50-4

50Y C
L

3C+SN

85'

30'

INSTALL
14'ORNAMENTAL BLK
FG FLUTED POLE
FIGURE 42-500-3
AVERY POST TOP FIXTURE 70W
FIGURE 42-215-8

4

INSTALL
SEC RISER
FIGURE 63-20-1

5023
5033
1/0TX

1/0TX
52'

5017

Y

5026(3)

14'ORNAMENTAL BLK
FG FLUTED POLE
FIGURE 42-500-3
AVERY POST TOP FIXTURE 70W
FIGURE 42-215-8

4

5

5' 10
30-6J

3-3-3C

3

150'

2

3C+SN

70L

INSTALL

2201

54'

35-6J

3

INSTALL
SEC RISER
FIGURE 63-20-1

8021

1

1

25Y

3-3-3C

3C+SN

55-4
113'

HOLLAND DR

66'
ROW

5018

SOURCE

CONSTRUCTION NOTES
ALL ORNAMENTAL FBERGLASS
POLES ARE DIRECT BURY

INGALLS ST 2206

50-4

UNDERGROUND LEGEND

D
R

CREW TO POINT CUT OFF LIGHT
TOWARDS ROADWAY

H
S
I
R
R
O
M

10.Streetlighting conductor (2/C-#10 CU)

LOC 1&2 SOURCE TLM:2220
LOC 3&4 SOURCE TLM:2206
CE SUPERVISOR:
MIKE BOSTWICK 810-760-3312
METER ORDER NUMBER

SUBSTATION

WD NO.

SWARTZ CREEK

0398

CIRCUIT

CKT NO.

TLM NUMBER

03

0655012206

WINCHESTER

METER NUMBER

READ

METER LOCATION

JOB PURPOSE:

CE STAKING REQ'D

# OF
RODS

OHMS

INSTALLATION OF DECORATIVE
STREETLIGHT FOR CITY OF

5023 HOLLAND DR ECNC STL

SWARTZ CREEK

CM NO.
100008372723

Yes

X

No

DESIGN
NUMBER

ORDER
TYPE

MAT.
TYPE

NOTIFICATION
NUMBER

ECNC

STL

1076886571 11902298

ORDER
NUMBER

UPSTREAM
SECTIONALIZING DEVICE:
SEE NOTES

CONSUMERS ENERGY CONTACTS
DEPARTMENT

NAME

NUMBER

LOCATION:

FORESTRY REQ'D
A CMS Energy Company

City Council Packet

SHEET B

SHEET 1 OF 1

ELECTRIC CAD TITLE BLOCK (2020)
06-25-2026 12:51:13

SA_BOUD_JS_PROD_Design2230670.dgn

Yes

X

SEE PRINT

No

ELECTRIC
SCALE 1"=70'

136

GENESEE

CO

GAINES

COORDINATOR

GABRIEL POLETTI

DESIGNER

SYDNEY BARKER

TWP

810-760-3485
810-358-9943

Octoer 26, 2026

T 06N R 05E SEC. 01

RBF Holdings
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is made and entered
into as of the day of (month), 2026, by and between RBF Holdings, L.L.C.,
a Michigan limited liability company, whose address is 1411 W. Hill Rd.,
Flint, MI 48507 (hereinafter referred to as the "Owner"), and the City
of Swartz Creek Downtown Development Authority, a Michigan municipal
corporation (hereinafter referred to as the "SCDDA"), whose address is
8083 Civic Drive, Swartz Creek, Michigan 48473.
RECITALS:
The City of Swartz Creek Downtown Development Authority
(“SCDDA”) was first established in 1980 and then updated in 2005, 2015,
2022, and 2025, pursuant to the Downtown Development Authority Act
(current Public Act 57 of 2018). The purpose of the Authority is to correct
and prevent deterioration and promote economic growth within City of
Swartz Creek’s principal business district (the "Downtown District").
To induce and facilitate development/redevelopment in the
Downtown District consistent with the City of Swartz Creek and SCDDA's
vision for the Downtown District, the SCDDA and the City of Swartz Creek,
through the City Council, adopted a Tax Increment Financing Program
under the SCDDA's Development Plan and Tax Increment Financing Plan,
dated October 13, 2025 (the “DDA TIF Plan”).
The DDA TIF Plan authorizes the use of tax increment funding to
assist developers in need of assistance to finance projects in the Downtown
District that fit within the City's and SCDDA's vision for the Downtown
District. The goal is to provide funding to close the “gap” that prevents the
project from becoming a reality due to financial feasibility for the Owner.
Owner owns twelve parcels of land situated in the Downtown District
of the City of Swartz Creek, Genesee County, Michigan, and described on
the attached Exhibit A and hereinafter referred to as the "Property." Owner
proposes to undertake a substantial redevelopment of the Property,
hereinafter referred to as the “Project” and the Property is currently vacant.
The Project is further defined to include all land and improvements in the
site plan for the Property that is, will be or has been approved by the City of
Swartz Creek, as the same may be amended from time to time.
Owner applied for gap financing (“TIF Assistance”) through the DDA
________
Owner’s
Initials

City Council Packet

Page 1 of 15

137

________
SCDDA’s
Initials

Octoer 26, 2026

TIF Plan in connection with the Project. Owner provided documentation
supporting its request identifying extraordinary costs that are critical
components of the Project, which will be a cornerstone development in the
City (the "Application Documents").
On October 8, 2026 the SCDDA approved the Owner's Application
for TIF Assistance in anticipation of the Project.
In accordance with the above, the SCDDA and the Owner desire to
establish the terms and conditions upon which the SCDDA shall utilize Tax
Increment Revenues captured by the Project to reimburse the Owner for
the costs of critical components of the Project which are consistent with the
City and DDA TIF Plan for the Property and are undertaken by the Owner.
NOW THEREFORE, the parties agree as follows:
1. Revenues Captured. It is understood that the TIF Assistance is
intended to be funded by the capture of Tax Increment Revenues from
several taxing jurisdictions (see the TIF Assistance Program, Tables 1
and 2), including levies of the City of Swartz Creek, Genesee County,
and other taxing jurisdictions that are captured by the SCDDA under Act
57. The SCDDA has considered pursuant to its DDA TIF Plan criteria,
and approved to provide Gap Financing to reimburse Owner for the Gap
Amount hereunder. The SCDDA has considered pursuant to its TIF
Assistance Program criteria, and approved to utilize 90% of the SCDDA
tax increment revenues to reimburse Owner for the Gap Amount for
each unit developed hereunder.
The terms “Reimbursable Activity” and “Reimbursable Activities,” as used
herein, include planning, engineering, design, and implementation costs for,
but not limited to, the following with respect to the Project in accordance
with the City of Swartz Creek Tax Abatement and Incentive Policy:
A. Public facility improvements, including the planning, construction,
renovation, repair, remodeling, rehabilitation, restoration, preservation,
and reconstruction of public facilities, including: Streets, sidewalks,
plazas, pedestrian malls; parks and recreational facilities; parking
facilities; utilities (lines, pipes, water/sewer infrastructure); bridges,
waterways, lakes, ponds, canals; buildings used by the public; and
barrier free accessibility improvements;
B. Building improvements, including the improvement, operation,
construction, reconstruction, rehabilitation, restoration, equipping,
________
Owner’s
Initials

City Council Packet

Page 2 of 15

138

________
SCDDA’s
Initials

Octoer 26, 2026

maintaining, and repairing of buildings, including multiple family
dwellings.
C. Property acquisition, including purchasing land or buildings; acquiring
rights or interests (easements, licenses, options, etc.), and costs related
to conveyance or disposal.
2. Reimbursement Process. Reimbursement to Owner shall be made as
provided in this Agreement.
a. The Owner shall have sole responsibility to advance the funds to pay
for the completion of the Project. The amount to be repaid to Owner
through captured TIF revenues shall be the expended total of
Reimbursable Activities by Owner minus the amount paid for an
individual developed unit subject to this Agreement. The amount
shall be referred to as the “Gap Amount” and shall be submitted for
approval by the SCDDA, with input from City officials and
consultants, to verify the Reimbursable Activities by Owner and proof
of the arm’s length transaction for the sale of the unit. The total Gap
Amount repaid to Owner shall not exceed $630,000. Upon the
completion of the developed unit and receiving a certificate of
occupancy that conforms with the submitted site plans and
construction materials approved by the City. The Owner shall provide
proof of the arm’s length transaction subject to the conflict of interest
provisions of this Agreement.
SCDDA has no obligation to
reimburse expenses or costs for any activities other than
Reimbursement Activities as provided herein, nor shall payment
extend beyond 18 years, without the express consent of the SCDDA
and City Council. It is further understood and agreed that any
reimbursement to or on behalf of Owner contemplated by this
Agreement shall only occur to the extent that Tax Increment
Revenues are generated from the Property and those Tax Increment
Revenues or other revenue available under Act 57 and this
Agreement for the making of reimbursements to the Owner.
b. Owner shall maintain the financial information and data used in
support of the requests for reimbursement for Reimbursable
Activities in accordance with generally accepted accounting
principles and practices. Such records shall be maintained for thirtysix (36) months after the completion of the Reimbursable Activities
and receiving a certificate of occupancy for the approved parcel
development. The SCDDA shall have access to these records during
normal business hours, provided the SCDDA submits a request to
________
Owner’s
Initials

City Council Packet

Page 3 of 15

139

________
SCDDA’s
Initials

Octoer 26, 2026

the Owner to review the records with reasonable advance notice.
c. The Owner shall submit to SCDDA a Request for Cost
Reimbursement for Reimbursable Activities paid for by the Owner,
on the form attached as Exhibit B ("Reimbursement Request"). The
Reimbursement Request shall describe each individual activity
claimed as a Reimbursable Activity and the associated costs of each
individual activity. Documentation of the costs incurred shall be
included with the Reimbursement Request, including proof of
payment and detailed invoices for the costs incurred are sufficient to
determine whether the costs incurred are available under
Reimbursable Activities in order to establish the Gap Amount once a
unit is sold. A duly authorized representative of the Owner shall sign
the Reimbursement Request to be reviewed by City officials and
consultants, and approval by the SCDDA, or committee designated
by the SCDDA to review and approve Reimbursement Requests.
d. Reimbursement Requests shall be reviewed by SCDDA. The Owner
shall cooperate in the review by SCDDA by providing information and
documentation to supplement the Reimbursement Request as
deemed reasonable and necessary by SCDDA. Within thirty (30)
days after submission of a Reimbursement Request, SCDDA shall
either approve the Gap Amount or identify in writing to the Owner
any costs in the Reimbursement Request deemed ineligible for
reimbursement and the basis for the determination. Owner shall be
given thirty (30) days thereafter within which to provide supplemental
information or documents in support of the Reimbursement Request
or portion of it deemed ineligible by SCDDA. Thereafter, except
as otherwise agreed to in writing by the Owner and SCDDA, SCDDA
shall decide on the eligibility of the disputed cost and inform the
Owner in writing of its determination. The SCDDA shall act on a
Reimbursement Request after receipt of the requested supplemental
information from the Owner at the next scheduled meeting of the
SCDDA. Once approved, the Gap Amount paid back to the Owner
shall accrue at an interest rate of 6% per annum and paid to the
Owner in addition to the Gap Amount.
e. Payment of Gap Amount approved by the SCDDA will be issued to
Owner at least twice annually. If sufficient Tax Increment Revenues
attributable to the Property are not available at the time a submission
is approved and payment is due, the approved amount shall be paid
from Tax Increment Revenues attributable to the Property that are
next received by the SCDDA. Payments shall be made no less often
________
Owner’s
Initials

City Council Packet

Page 4 of 15

140

________
SCDDA’s
Initials

Octoer 26, 2026

than by June 1 and October 1 of each year using funds collected by
the City or Genesee County through such date or a date reasonably
preceding such dates. The SCDDA reimbursement responsibility is
dependent on funds received from taxing jurisdictions provided that
the Property's taxes have been paid. Payment of Reimbursement
Requests approved by the SCDDA shall be made payable to the
Owner and mailed to the following authorized address, or other
approved methods of payments between the parties:
RBF Holdings
4140 Morrish Road
Swartz Creek, MI 48430
Brett Jory, Principal
f. The obligation of SCDDA to reimburse Owner, is further subject to
the following conditions:
i. The Owner is current on all real property taxes due on the
portion of the Property it owns.
ii. The Owner is not in Default under this Agreement.
iii. The Owner shall provide written proof of payment arising from
performance of Reimbursable Activities and proof of an arm’s
length transaction.
g. The Owner shall notify the SCDDA of the completion of each unit for
which reimbursement may be sought under this Agreement and will
execute and deliver to SCDDA a Certificate of Completion of the unit,
in the form attached hereto as Exhibit C, after the date of completion
of all of the Reimbursable Activities for which reimbursement is
sought for the Gap Amount under this Agreement.
h. The Owner shall receive 90% of the TIF capture by the SCDDA for
each completed unit developed under this Agreement. The following
twelve units identified by the parcel number have been approved for
capture under this Agreement:
58-35-677-004
58-35-677-005
58-35-677-006
58-35-677-007
58-35-677-008
58-35-677-009
58-35-677-010
________
Owner’s
Initials

City Council Packet

Page 5 of 15

141

________
SCDDA’s
Initials

Octoer 26, 2026

58-35-677-011
58-35-677-012
58-35-677-013
58-35-677-014
58-35-677-015
3. Dispute Resolution. Any dispute, controversy, or claim arising from this
Agreement, including its interpretation, performance, enforcement, breach, or
termination, the Parties shall first attempt in good faith to resolve the dispute
through their respective legal counsel.
If counsel cannot resolve the dispute, either Party may send the other Party written
notice requesting mediation. Within twenty-one (21) days after the other Party
receives the notice, the Parties shall mediate the dispute with a neutral third-party
mediator whom they jointly select. The Parties may agree in writing to extend that
deadline.
The Parties shall split the mediator’s fees and mediation costs equally. Each Party
shall pay its own attorney fees and other expenses related to the mediation.
Each Party shall participate in the mediation in good faith and shall
ensure that a representative with authority to resolve the dispute
attends the mediation. If mediation does not resolve the dispute,
either Party may pursue any available legal or equitable remedy in a
court of competent jurisdiction. Either Party may also seek temporary
or emergency injunctive relief before mediation when necessary to
preserve the status quo or prevent immediate and irreparable harm.
4. Compliance with Laws, Regulations, Approvals, and Conflicts of
Interest. Anything in this Agreement to the contrary notwithstanding, the
Owner and its affiliates shall comply with all applicable laws, ordinances, or
other regulations imposed by the City or any other properly constituted
governmental authority with respect to the Property, and if the Owner shall
fail to materially do so, the SCDDA may, in its reasonable discretion,
withhold reimbursement payments under this Agreement for as long as
such violation persists. At the SCDDA's request. Owner shall copy or
provide SCDDA with all correspondence and materials or documents
provided to any regulatory authority that are related to the Subject
Property or Reimbursable Activities on the Property.
a. Owner covenants and agrees that any sale, transfer, conveyance, or
assignment of the completed parcel(s) developed pursuant to this
Agreement shall be made only to a bona fide third-party purchaser who
________
Owner’s
Initials

City Council Packet

Page 6 of 15

142

________
SCDDA’s
Initials

Octoer 26, 2026

is independent of Owner and free from any actual or potential conflict of
interest. Owner shall not sell, transfer, convey, or otherwise dispose of
any completed parcel to Owner, any entity owned or controlled by
Owner, any affiliate, subsidiary, partner, member, manager, officer,
employee, or agent of Owner, or any immediate family member of
Owner or any principal of Owner, unless expressly approved in writing
by the SCDDA after full disclosure of all relationships and interests
involved.
b. For purposes of this Agreement, a prohibited conflict of interest shall
exist where the proposed purchaser has any direct or indirect ownership
interest, financial interest, familial relationship, business relationship, or
other affiliation with Owner or any principal of Owner that could
reasonably create the appearance of self-dealing, preferential
treatment, or a transaction that is not conducted at arm’s length. Owner
shall provide written disclosure of the identity of any proposed purchaser
and certify that the purchaser is an independent third party and that no
prohibited undisclosed relationship exists prior to completing any sale or
transfer. Any disclosed conflict of interest may be waived by the SCDDA
if determined that the sale or transfer is the result of an arm’s length
transaction.
c. Any transfer made in violation of this provision shall constitute a material
breach of this Agreement, and the SCDDA shall be entitled to pursue all
available remedies, including injunctive relief, damages, withholding of
approvals, or any other remedies available at law or equity.
5. Challenges to Capture. In the event that a taxing jurisdiction, or any
other party, challenges the capture of any tax revenues and the State or
a court of competent jurisdiction issues an order preventing the capture
and use of those revenues and requiring the refund or repayment of any
captured Tax Increment Revenue previously paid to Owner pursuant to
this Agreement, the Owner agrees to repay to the SCDDA the captured
Tax Increment Revenues previously paid to Owner pursuant to this
Agreement and the SCDDA agrees to reimburse the Owner, from future
capturable revenues, any such repayment by the Owner.
6. Indemnification/Hold Harmless and Insurance. Except as provided
below, Owner indemnifies and holds harmless the SCDDA, and any of
its past, present, and future members, employees, officials, and
consultants from any and all losses, demands, claims, actions,
assessments, suits, damages, judgments, penalties, cost, or expenses,
imposed upon, assessed against, or incurred by SCDDA or the listed
________
Owner’s
Initials

City Council Packet

Page 7 of 15

143

________
SCDDA’s
Initials

Octoer 26, 2026

persons which result from, relate to, or arise out of any of the following:
a. A determination by the State or a court of competent jurisdiction
that the State or any other taxing jurisdiction be repaid or refunded
any levy captured as Tax Increment Revenues and paid to Owner
as a reimbursement under this Agreement made in excess of the
amount the SCDDA is permitted to use for such reimbursement;
b. The undertaking of the Gap Amount by the Owner for each unit
developed under this Agreement;
c. The acquisition, construction, equipping and/or operation of the
business of the Owner on the Property.
d. Any act or omission of the Owner, after taking title to or control of
each unit, in connection with remediation or development of the
Property.
The SCDDA may, in accordance with a final unappealable order of a
court of competent jurisdiction, set-off any amount owing to the Owner
under this Agreement to satisfy any indemnification obligation of the
Owner under this Agreement. Each Party to this Agreement shall be
responsible for defending any claims arising out of the acts and/or
omissions of it or its respective employees, contractors, representatives,
and agents during the performance of this Agreement, as provided by law.
This Agreement does not and is not intended to impair, divest, delegate,
or contravene any constitutional, statutory, and/or other legal right,
privilege, power, obligation, duty, or immunity of the Parties. The work and
activities performed pursuant to this Agreement by the SCDDA are
governmental functions. It is the intention of the Parties hereto that this
Agreement shall not be construed to waive the defense of governmental
immunity held by the City or SCDDA. Owner shall indemnify the SCDDA
and the City for the cost of defense, including reasonable attorneys’ fees,
to the extent that a final unappealable order of a court of competent
jurisdiction determines that the Indemnified Persons were not responsible
or liable for the claims asserted. The Owner shall also indemnify the SCDDA
for all reasonable costs and expenses, including reasonable attorneys’ fees,
incurred in:
a. enforcing any obligation of the Owner under this Agreement or any
related agreement to which the Owner is a party;
b. taking any action requested by the Owner; or
c. to the extent that such cost or expense exceeds or is not subject to
this Agreement, taking any action on behalf of the Owner that is
required of the Owner, or which is otherwise considered necessary
________
Owner’s
Initials

City Council Packet

Page 8 of 15

144

________
SCDDA’s
Initials

Octoer 26, 2026

by the SCDDA, under this Agreement or any related agreement to
which the Owner is a party.
The obligations of the Owner under this section shall survive any
assignment or termination of this Agreement.
7. Loss of Revenue from a Taxing Jurisdiction. It is understood that the
TIF Assistance is intended to be paid from captured Tax Increment
Revenues from several taxing jurisdictions. In the event that a taxing
jurisdiction, or any other party, successfully challenges the capture of any
tax revenues and after the issuance of a final, unappealable order of a court
of competent jurisdiction preventing the capture and use of those revenues
and requiring the refund or repayment of any captured Tax Increment
Revenue previously paid to Owner pursuant to this Agreement, the Owner
agrees to repay to the SCDDA the captured Tax Increment Revenues
previously paid to Owner pursuant to this Agreement, and the SCDDA
agrees to reimburse the Owner, from future capturable revenues, any such
repayment by the Owner.
8. Property Tax Appeal. The Owner and purchasers shall have full rights to
appeal property tax assessments under State law. The Owner also
expressly acknowledges any tax appeal may impact the SCDDA's ability to
reimburse the Owner's Reimbursable Activities or other obligations under
this Agreement, and expressly waives any claim against the SCDDA that
result from any tax appeal filed by the Owner. To the extent that the
previous years' taxes are refunded and to the extent that the refund
reduces or eliminates the amount available for reimbursement for activities
for the previous year, the Owner shall return that portion of any
reimbursement paid from the previous years' taxes.
9. Access for Inspection. The City and the SCDDA and Agents are
authorized to enter upon the Property during normal business hours for the
purpose of inspecting the work related to the Reimbursable Activities and
making determinations that such work is being performed in accordance
with the Plan in a workmanlike manner with prior reasonable notice to the
Owner of each area to be inspected. The Owner reserves the right to
preclude access or request the employees or agents of the SCDDA vacate
the property for health and safety issues. Any employees or agents of the
SCDDA must comply with all site safety standards, including, but not limited
to, MIOSHA requirements.
10. Discrimination. Owner shall not discriminate against any employee or
applicant for employment in violation of state or federal law. Owner shall
________
Owner’s
Initials

City Council Packet

Page 9 of 15

145

________
SCDDA’s
Initials

Octoer 26, 2026

promptly notify the SCDDA of any complaint or charge filed and/or of any
determination by any court or administrative agency of illegal discrimination
by Owner.
11. Insurance Requirements. Owner shall provide insurance as reflected
in Exhibit D.
12. Effective Date. This Agreement shall take effect upon its execution by
SCDDA and Owner. This Agreement shall terminate upon the full payment
for each completed unit’s Gap Amount to Owner for the developed parcels
identified in Section 2 and the expiration of all appeal periods with respect
to the assessment or collection of property taxes with respect to the
Property.
13. Further Assurances. Each party will, whenever and as often as it shall be
reasonably requested by the other party, execute, acknowledge, and
deliver, or cause to be executed, acknowledged, and delivered, such further
instruments and documents, as may be necessary in order to carry out the
terms and conditions of this Agreement. Each party further covenants that
from and after the Effective Date, each party shall reasonably cooperate
with each other to secure all consents, approvals, authorizations and
otherwise take such further actions necessary to affect the Project and other
activities contemplated by this Agreement.
14. Mutual Covenants. To induce the parties to enter into this Agreement, the
parties agree as follows:
a. Owner and the SCDDA, with the assistance of their respective legal
counsel, have negotiated together to reach the terms of this
Agreement, participated in the drafting of this Agreement, and
acknowledge that this Agreement is the product of the joint effort of
both parties. In no event shall the terms of this Agreement be
construed more strictly against one party than the other party.
b. Owner understands that all documentation submitted by Owner to
the City of Swartz Creek and the SCDDA are subject to the Freedom
of Information Act, Act No. 442 of the Public Acts of 1976, being
Sections 15.231 et seq. of the Michigan Compiled Laws and no claim
of trade secrets or other privilege or exception to the Freedom of
Information Act will be claimed by Owner as it relates to this
Agreement,
Reimbursement
Activities
and
supporting
documentation for determining the Gap Amount, or their application
and submissions for consideration under Swartz Creek’s Tax
________
Owner’s
Initials

City Council Packet

Page 10 of 15

146

________
SCDDA’s
Initials

Octoer 26, 2026

Abatement and Incentive Policy.
c. This Agreement shall be binding upon and inure to the benefit of
Owner, a successor owner in the Project, and the SCDDA, and their
respective heirs, successors, assigns and transferees. Owner's
obligations may only be assigned to an entity not affiliated with the
Owner if such transfer or assignment is approved in advance by the
SCDDA, which approval shall not be unreasonably withheld,
delayed, or conditioned. Notwithstanding anything to the contrary in
this Agreement, the SCDDA acknowledges and agrees that Owner
may assign its rights under this Agreement as collateral to any one
or more lenders providing financing for the Project and, in such
event, the SCDDA agrees to execute a customary consent to such
assignment and estoppel certificate in customary form. In the event
of any assignment or transfer of any right or obligation hereunder,
such assignment or transfer shall be subject to all provisions under
this Agreement, provided, that the lender/assignee pursuant to a
collateral assignment shall not be deemed to be subject to any of
Owner's obligations under this Agreement other than as are set forth
in this Agreement. In the event of any assignment or transfer of any
right or obligation hereunder such transfer or assignment shall not
be effective unless a written notice by certified mail is provided to the
other party. This Agreement shall not be affected or altered in any
way by any sale, lease or other disposition or sale of all or a portion
of the Property.
d. This Agreement shall be interpreted and construed in accordance
with Michigan law and shall be subject to interpretation and
enforcement only in Michigan courts whether federal or state.
e. In no event shall the provisions of this Agreement be deemed to
inure to the benefit of or be enforceable by any third party.
f. Neither the delay nor failure by either patty to exercise any right
under this agreement, or the partial or incomplete exercise of any
such rights shall constitute a waiver of that or any other right, unless
provided expressly herein.
g. If any part of this agreement is determined to be invalid by a court of
competent jurisdiction, that determination shall apply only to the
voided part and not to the agreement as a whole.This Agreement
may be executed in any number of counterparts and may be signed
and/or transmitted by facsimile, electronic mail of a .pdf document,
________
Owner’s
Initials

City Council Packet

Page 11 of 15

147

________
SCDDA’s
Initials

Octoer 26, 2026

or electronic signature technology (e.g., via DocuSign or similar
electronic signature technology), and each of which will be
deemed to be an original, and all of which together will be deemed
to be one and the same instrument.
h. Except as otherwise expressly stated in this Agreement, the rights
and remedies of the parties are cumulative, and the exercise by any
party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same time or different times, of any other
rights or remedies for the same default or any other default by any
other party.
i.

This Agreement constitutes the entire agreement of the parties
and integrates all of the terms and conditions mentioned herein or
incidental hereto and supersedes all prior negotiations,
representations, warranties, covenants, and agreements between
the parties with respect to all or any part of the subject matter hereof.

j.

A party may waive any default, condition, promise, obligation, or
requirement applicable to any other party hereunder, provided, that
any such waiver shall apply only to the extent expressly given and
shall not be deemed or construed to waive any of the same or any
other default, condition, promise, obligation, or requirement in any
past or future instance. All waivers of the provisions of this
Agreement must be in writing and signed by the appropriate officers
or representatives of the waiving party, and all amendments hereto
must be in writing and signed by the appropriate officers or
representatives of all of the parties.

k. In the event of any conflict or inconsistency between the terms of this
Agreement and the terms of any other agreement, document or
understanding of the parties, this Agreement shall control.
l.

Notices and reimbursements shall be sent to the following
addresses:
Authority:

City of Swartz Creek DDA
8083 Civic Drive,
Swartz Creek, Michigan 48473
Attn: Director
The City of Swartz Creek:
Attn: City Manager

________
Owner’s
Initials

City Council Packet

Page 12 of 15

148

________
SCDDA’s
Initials

Octoer 26, 2026

8083 Civic Drive,
Swartz Creek, Michigan 48473
With copy to Counsel for Swartz Creek:
Simen, Figura, & Parker, PLC
5206 Gateway Centre, Suite 200
Flint, MI 48507
Attn: City of Swartz Creek Attorney
Owner:

RBF Holdings, L.L.C.,
1411 W. Hill Rd.
Flint, MI 48507
With copy to Counsel for Owner:
Rizik & Rizik, PLC
9400 South Saginaw St. Suite E
Grand Blanc, MI 48439
Attn: George Rizik

[Signatures on Next Page]

________
Owner’s
Initials

City Council Packet

Page 13 of 15

149

________
SCDDA’s
Initials

Octoer 26, 2026

SIGNATURE PAGE
RBF HOLDINGS DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this
Development Agreement through their duly authorized representatives as of
the dates set forth below.
OWNER:
RBF Holdings, L.L.C.
A Michigan limited liability company
By: ___________________________________
Printed Name: Brett Jory
Title: __________________________________
Date: __________________________________
CITY OF SWARTZ CREEK DOWNTOWN DEVELOPMENT AUTHORITY:
A Michigan public body corporate
By: ___________________________________
Printed Name: __________________________
Title: Chairperson
Date: __________________________________
By: ___________________________________
Printed Name: __________________________
Title: Secretary
Date: __________________________________

________
Owner’s
Initials

City Council Packet

Page 14 of 15

150

________
SCDDA’s
Initials

Octoer 26, 2026

ACKNOWLEDGMENT OF EXHIBITS
The parties acknowledge that the following exhibits are attached to and
incorporated into this Development Agreement:
•
•
•
•
•
•

Exhibit A – Legal Description of Property
Exhibit B – Request for Cost Reimbursement
Exhibit C – Certificate of Completion
Exhibit D – Insurance Requirements
Exhibit E – Approved Development Site Plan
Exhibit F – TIF Reimbursement and Financial Terms
Each exhibit is incorporated herein by reference and shall constitute part of
this Agreement.

________
Owner’s
Initials

City Council Packet

Page 15 of 15

151

________
SCDDA’s
Initials

Octoer 26, 2026

Exhibit A: Legal Descriptions
58-35-677-004
UNIT 2A BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-005
UNIT 2B BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-006
UNIT 2C BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-007
UNIT 3A BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-008
UNIT 3B BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-009
UNIT 3C BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-010
UNIT 4A BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-011
UNIT 4B BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-012
UNIT 4C BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-013
UNIT 5A BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-014
UNIT 5B BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;
58-35-677-015
UNIT 5C BREWER TOWN HOMES CONDO (22)
SPLIT/COMBINED ON 09/27/2021 FROM 58-35-576-001, 58-35-576-002, 58-35-576-037;

City Council Packet

152

Octoer 26, 2026

Exhibit B: Schedule of Values
Section
G-1
G-2
G-3
G-4
G-5
G-6
G-7
G-8
G-9
G-10
G-11
G-12
G-13
G-14
G-15

Category
General
Land
Surveying, Foundation and Grade Plans
Blueprints
Printing And Reproduction
Bldg. Permits & Bonds
Soil Erosion Permit
Soil Erosion Bond
Zoning Permit
Sewer and Water Tap Fees
Soil and Material Testing
Builders Risk Policy
Clean-up & Misc. Cost / Barricading
Utilities - (Temp, Gas and Electric Service)
Porta-Jon
Dumpsters

RBF EST

CO

Pay Out 1 Pay Out 2 Pay Out 3 Pay Out 4 Total Owed

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

60,000.00
2,500.00
500.00
100.00
3,600.00
1,200.00
200.00
9,800.00
2,100.00
6,000.00
3,000.00
1,000.00
2,500.00

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

-

$
$
$
$
$

$
$
$
$
$
$
$

1,200.00
1,000.00
7,500.00
3,000.00
6,500.00

4,500.00
4,500.00
55,000.00
4,000.00
9,000.00
7,500.00
8,000.00

$
$
$
$
$
$
$
$
$
$
$
$

-

$
$
$
$
$
$

100,000.00
50,000.00
4,000.00
28,000.00
9,000.00
12,000.00

$
$
$
$
$
$
$
$
$

14,000.00
8,000.00
26,000.00
16,000.00
4,000.00
7,500.00
13,000.00
18,000.00
6,000.00

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

-

$
$
$
$
$
$

14,000.00
33,000.00
44,500.00
54,000.00
15,000.00
52,275.00

$
$
$
$
$
$

-

Site Work
S-1
S-2
S-3
S-4
S-5
S-6
S-7
S-8
S-9
S-10
S-11
S-12
E-1
E-2
E-3
E-4
E-5
E-6
E-7
E-8
E-9
E-10
E-11
E-12
E-13
E-14
E-15
I-1
I-2
I-3
I-4
I-5
I-6

Mud Mat
Soil Erosion Control
Excavation
Spoils Removal

Sewer / Septic
Water Line

Sump Line / Downspout Drains

Foundation Block or Concrete with Anchors
Fill Sand
Concrete Approach and Parking
Concrete Sidewalk, Porch, and Stoops
Landscaping
Exterior Work
Framing Materials
Framing, Door and Window Labor
Steel Beams and Posts
Vinyl Windows
Exterior Doors
Garage Door
Roofing Material
Roofing Labor
Siding Material
Siding Labor
Gutters and Downspouts
Brick / Block / Cultured Stone & Sills
Brick, Block and Stone Labor
Decking Material and Rails
Deck Labor
Interior Work
Concrete Floor and Garage Floor
Mechanical - Rough and Finish
Electrical - Rough / Finish + Fixture Allowance
Plumbing - Rough / Finish + Fixture Allowance
Insulation - Cellulous
Drywall - 5/8" Type X Ceilings and 1/2" Walls

City Council Packet

153

Octoer 26, 2026

$
$
$

13,500.00
20,000.00
40,100.00

$
$
$
$
$
$
$
$
$
$
$
$

19,000.00
17,500.00
2,000.00
6,000.00
2,000.00
21,000.00
16,000.00
12,000.00
4,000.00
14,000.00
6,000.00
3,000.00

$
$
$

30,000.00
65,000.00
6,000.00

I-7
I-8
I-9
I-10
I-11
I-12
I-13
I-14
I-15
I-16
I-17
I-18
I-19
I-20
I-21

Drywall - Shaftwall
Painting - Interior Walls
Kitchen Cabinetry - Materials / Hardware / Labor
Countertops - Granite / Solid Surface
Interior Doors and Trim Materials
Door Handles and Accessories
Closet Materials
Specialty Wood Materials / Railings
Finish Carpentry - Labor (Cabinets, Doors and Trim)
Flooring - Solid Surface
Flooring - Carpeting
Flooring - Tile
Specialty - Tile Labor
Shower Glass
Bathroom Mirrors, Towel & TP Holders

R-1
R-2
R-3
R-4
R-5

RBF Construction/Holdings
Site Supervision
Construction Management
Office Management
Real Estate Commission 6%
Other Closing Costs (Title company)

$
$

TOTAL COST

$ 1,096,075.00

City Council Packet

62,000.00
4,500.00

154

$

-

$

-

$

-

$

-

$

-

Octoer 26, 2026

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

-

$
$
$
$
$

-

$

-

APPLICATION and CERTIFICATE for PAYMENT

G702
To:

Project: Brewer Townhomes

Application #:

Distribution To:

Application Date:
From: RBF Holdings, LLC
1411 W. Hill Rd
Flint, MI 48507

OWNER
CONSTRUCTION MGR.
ARCHITECT
CONTRACTOR
OTHER

Period To:
Project #:

Contract For: RBF Construction/Holdings -1 Triplex / 3 Units

Architect:

Contract Date:

CONTRACTOR'S APPLICATION FOR PAYMENT
Application is made for payment, as shown below, in connection with the Contract.
Continuation Sheet, G703, is attached.

1

ORIGINAL CONTRACT SUM

$ 1,096,075.00

2

Net Change By Change Orders

$

3

CONTRACT SUM TO DATE

$ 1,096,075.00

4

TOTAL COMPLETED AND STORED TO DATE

$

-

5

RETAINAGE (Total to Date)

$

-

6

TOTAL EARNED LESS RETAINAGE

$

-

7

LESS PREVIOUS CERTIFICATES FOR PAYMENT

$

-

8

CURRENT PAYMENT DUE

$

-

9

BALANCE TO FINISH, INCLUDING RETAINAGE

$ 1,096,075.00

CHANGE ORDER SUMMARY
Total changes approved in
previous months by Owner
Total approved this Month
TOTALS
NET CHANGES by Change Orders

City Council Packet

ADDITIONS
$

-

The undersigned Contractor certifies that to the best of the Contractor's knowledge,
information and belief the Work covered by this Application for Payment has been completed
in accordance with the Contract Documents, that all amounts have been paid by the
Contractor fo Work for which previous Certificates for Payment were issues and payments
received from the Owner, and current payment shown herein is now due.

CONTRACTOR:

RBF Construction, Inc.

Sign:

Date:

By:

State of:
Subscribed and sworn before me this

County of:
day of

personally appeared before me, the undersigned notary public, and
provided satisfactory evidence of identification to be the person who signed this document in
my presence and swore or affirmed to me that the contents of this document are truthful and
accurate to the best of his/her knowledge and belief.

DEDUCTIONS
-

Notary Public:
$

$

$

My Commission Expires:

-

155

Octoer 26, 2026

Continuation Sheet G703
PROJECT: Brewer Townhomes
Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing
Contractor's signed Certification is attached.
Item
#

Description of Work

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31

Land
$
Plans / Survey / Printing
$
Permits / Bonds / Testing / Builder's Risk
$
Sewer & Water Tap Fees
$
Temp Utilities / Cleanup / Porta-Jon / Dumpst $
Site Prep / Erosion / Excavation / Spoils
$
Site Utilities - Sewer / Water / Drainage
$
Foundation Block / Concrete
$
Fill Sand
$
Concrete Approach / Parking / Walks / Stoops $
Landscaping
$
Framing Materials
$
Framing / Door / Window Labor
$
Steel / Windows / Exterior Doors / Garage Do $
Roofing Material & Labor
$
Siding Material & Labor / Gutters
$
Brick / Stone Material & Labor
$
Deck Material & Labor
$
Concrete Floor & Garage Floor
$
Mechanical
$
Electrical
$
Plumbing
$
Insulation / Drywall
$
Interior Painting
$
Cabinetry / Hardware / Labor
$
Countertops / Doors / Trim / Closets / Railings $
Finish Carpentry
$
Flooring / Tile
$
Bath Accessories / Shower Glass
$
RBF Supervision / Management
$
Commission/Other Closing Costs
$

Grand Total

City Council Packet

Schedule
of
Values
60,000.00
3,100.00
7,100.00
9,800.00
12,500.00
12,700.00
15,500.00
55,000.00
4,000.00
16,500.00
8,000.00
100,000.00
50,000.00
53,000.00
22,000.00
46,000.00
20,500.00
24,000.00
14,000.00
33,000.00
44,500.00
54,000.00
80,775.00
20,000.00
40,100.00
46,500.00
21,000.00
46,000.00
9,000.00
101,000.00
66,500.00

Application #:
Application Date:
Period To:
Project #:

Work Completed
From Previous
This
Applications
Period
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-

$ 1,096,075.00 $

-

$

-

156

Materials
Presently Stored
(Not in D or E)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-

Total Completed
and Stored
To Date
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-

$

$

-

-

%
Complete

Balance
to Finish

Retainage

60,000.00
3,100.00
7,100.00
9,800.00
12,500.00
12,700.00
15,500.00
55,000.00
4,000.00
16,500.00
8,000.00
100,000.00
50,000.00
53,000.00
22,000.00
46,000.00
20,500.00
24,000.00
14,000.00
33,000.00
44,500.00
54,000.00
80,775.00
20,000.00
40,100.00
46,500.00
21,000.00
46,000.00
9,000.00
101,000.00
66,500.00

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

0%

$ 1,096,075.00 $

0%

-

-

Octoer 26, 2026

EXHIBIT C
CERTIFICATE OF COMPLETION — INDIVIDUAL UNIT
RBF Holdings, L.L.C. / City of Swartz Creek Downtown Development Authority
Attachment to Development Agreement dated __________________, 2026
This Certificate is submitted pursuant to Section 2(g) of the Development Agreement (the
“Agreement”). Capitalized terms have the meanings assigned in the Agreement.
Parcel identification number
Unit / street address
Approved site plan identification / revision
Date certificate of occupancy issued
City building permit / CO number
Date of completed sale / closing (if applicable)
OWNER CERTIFICATION

58-35-677-________
____________________________
____________________________
____________________________
____________________________
____________________________

The undersigned authorized representative of RBF Holdings, L.L.C. certifies, to the best of the
undersigned’s knowledge after reasonable inquiry, that:
1. The unit identified above has been completed and a certificate of occupancy has been issued by the
City of Swartz Creek.
2. The completed unit substantially conforms to the site plans and construction materials approved by
the City, subject to any approved revisions identified in the attached documentation.
3. All Reimbursable Activities and associated costs submitted for this unit are documented in the
corresponding Exhibit B Reimbursement Request, with supporting invoices and proof of payment.
4. The Owner has disclosed any deviations, outstanding work, or known violations affecting this
certification in the space below or an attached schedule.
5. This Certificate does not independently establish eligibility or approval of any Gap Amount, which
remains subject to review and approval under Section 2 of the Agreement.
Exceptions / approved deviations / outstanding items:
__________________________________________
________________________________________________________________________________
RBF Holdings, L.L.C.

By: __________________________ Title: __________________________

Date: __________________________
CITY VERIFICATION (ADMINISTRATIVE; NOT AN APPROVAL OF REIMBURSEMENT)
Certificate of occupancy verified: ☐ Yes ☐ No

Approved plan compliance verified: ☐ Yes ☐ No

City representative: __________________________ Title: __________________________ Date:
__________
Attachments: certificate of occupancy; approved revisions, if any; supporting completion
documentation.

City Council Packet

157

Octoer 26, 2026

EXHIBIT D
INSURANCE REQUIREMENTS
RBF Holdings, L.L.C. / City of Swartz Creek Downtown Development Authority
Attachment to Development Agreement dated __________________, 2026
These requirements apply to the Owner’s construction and development activities undertaken in connection
with the Project. The limits and coverage terms below are proposed contract provisions and require
confirmation by the City/DDA insurer, risk manager, and legal counsel before execution.
1. Required Coverage
mmercial General Liability
tomobile Liability
orkers’ Compensation / Employers’ Liability
mbrella / Excess Liability
ilder’s Risk / Property

ofessional Liability

2. Additional Insured; Primary Coverage

currence form; proposed limits: $1,000,000 each
currence / $2,000,000 general aggregate; productsmpleted operations coverage.
oposed $1,000,000 combined single limit for owned,
ed and non-owned vehicles used in Project activities
orkers’ compensation as required by Michigan law;
oposed employers’ liability $500,000 each accident /
ease-policy limit / disease-each employee.
oposed $2,000,000 per occurrence and aggregate,
cess of general and automobile liability.
ring construction, replacement-cost coverage for
provements and materials as appropriate to the
wner’s insurable interest and lender requirements;
ount and deductible to be approved before
mmencement.
here design or engineering services are performed,
wner shall require responsible licensed professionals
intain appropriate professional liability coverage;
oposed minimum $1,000,000 per claim.

The City of Swartz Creek, the City of Swartz Creek Downtown Development Authority, and their respective
officers, officials, employees, and agents shall be included as additional insureds on the Owner’s commercial
general liability policy for ongoing and completed operations, to the extent available and applicable to liability
arising from the Project. Such insurance shall be primary and noncontributory to insurance maintained by the
City or SCDDA, where available by endorsement.
3. Evidence and Maintenance
Before commencement of work and upon renewal, Owner shall provide certificates of insurance and copies of
additional insured endorsements upon request. Coverage shall be maintained throughout construction and, for
completed-operations liability, for a period of [THREE] years after completion, subject to final agreement.
Owner shall give prompt written notice of cancellation, material reduction, or nonrenewal after becoming aware
of it; any insurer notice obligation must be supported by the applicable endorsement.
4. Contractors; Insurers; No Limitation
Owner shall require contractors and subcontractors to maintain insurance appropriate to their work and shall
remain responsible for compliance. Insurers shall be authorized to transact insurance in Michigan and
reasonably acceptable to SCDDA. Insurance does not limit Owner’s indemnification or other obligations under
the Agreement. Any waiver of subrogation, deductible requirements, or higher limits shall be set forth in writing
before execution.
Approved limits / modifications (if any): __________________________________________________

City Council Packet

158

Octoer 26, 2026

EXHIBIT E
APPROVED DEVELOPMENT SITE PLAN AND PROJECT
IDENTIFICATION
RBF Holdings, L.L.C. / City of Swartz Creek Downtown Development Authority
Attachment to Development Agreement dated __________________, 2026
This Exhibit identifies the approved plans and improvements constituting the Project referenced in the
Recitals and Sections 2(a), 2(g), and 9 of the Agreement. No plan is attached to this drafting copy; the
final executed Exhibit must include the actual City-approved plan set or a clearly identified
incorporated copy.
Project
Property
Site plan title
Plan prepared by
Plan date and revision number
Approving body and approval date
Approval conditions / resolutions
Sheet index
Incorporation and Amendments

Brewer Townhomes — RBF Holdings, L.L.C.
Twelve parcels, 58-35-677-004 through 58-35677-015; see Exhibit A for legal descriptions.
Brewer Town Homes; Fortino Dr. Townhomes
Design
RBF Holdings LLC; Studio Intrigue
May 18, 2019; Feb. 26, 2019
Council; June 10, 2019
Resolution 190610-07 & 190610-08
Sheets 1 through 4 of 4; A-2, through A-5

The approved plan set and written conditions identified above are incorporated into this Exhibit as the
baseline for evaluating unit completion. Any amendment shall be documented by the City’s written
approval, identified by sheet and revision date, and retained with this Exhibit. An administrative
revision to this Exhibit does not modify the financial obligations of the Agreement absent an
amendment executed in accordance with the Agreement.
Attachments to Include Before Execution
☐ Approved overall site plan ☐ Approved architectural elevations / building plans as applicable
☐ Approved utility, grading, drainage, access, and landscaping sheets as applicable
☐ Written approval conditions and subsequent approved revisions

City Council Packet

159

Octoer 26, 2026

EXHIBIT F
TIF REIMBURSEMENT AND FINANCIAL TERMS
RBF Holdings, L.L.C. / City of Swartz Creek Downtown Development Authority
Attachment to Development Agreement dated __________________, 2026
This Exhibit summarizes and administers the financial provisions of Sections 1 and 2 of the
Agreement. If any provision conflicts with the Agreement, Section 14(k) [renumber as applicable]
provides that the Agreement controls. Items marked “CONFIRM” require express resolution in the
executed agreement.
Eligible property
Share of captured increment
Maximum aggregate Gap Amount
Interest

Maximum payment duration
Scheduled disbursements
Funding source
Approval
1. Unit-by-Unit Gap Calculation

Parcels 58-35-677-004 through 58-35-677-015
(12 units).
90% of SCDDA tax increment revenues
attributable to each completed parcel unit,
subject to actual receipt and legal availability.
$630,000 across all units, under Section 2(a).
6% per annum on an approved Gap Amount
under Section 2(d); accrual start, simple versus
compound interest, and treatment under cap:
CONFIRM.
Payments shall not extend beyond 18 years
without express SCDDA and City Council
consent; commencement date: CONFIRM.
At least twice annually, no less often than June
1 and October 1, subject to receipt of available
increment and satisfaction of conditions.
Tax Increment Revenues attributable to the
Property actually received and available to
SCDDA under Act 57 and the Agreement.
SCDDA approval following review by City
officials and consultants as contemplated by
Section 2.

For each completed and sold unit, the proposed calculation in Section 2(a) is: documented, approved
Reimbursable Activities expended for that unit LESS the amount paid in an arm’s-length sale of that
unit = proposed Gap Amount, subject to SCDDA review and the aggregate cap. The parties must
confirm the allocation method for shared costs, treatment of negative results, and whether the sale
amount is gross or net of transaction expenses. No reimbursement shall be authorized solely by this
worksheet.
2. Unit Ledger — To Be Completed as Requests Are Approved
Parcel suffix
Approved costs
Sale amount
004
________
________
005
________
________
006
________
________
007
________
________
008
________
________
009
________
________
010
________
________
011
________
________
012
________
________
013
________
________
014
________
________
015
________
________
3. Reimbursement Conditions and Documentation

City Council Packet

160

Approved Gap
________
________
________
________
________
________
________
________
________
________
________
________

Paid / balance
________
________
________
________
________
________
________
________
________
________
________
________

Octoer 26, 2026

Each request must include Exhibit B, the applicable Exhibit C, certificate of occupancy, detailed
invoices and payment evidence, proof of completed arm’s-length sale and purchaser
independence/disclosures, current tax status, and such supplemental documentation as reasonably
requested under Section 2. The Owner must not be in default.
4. Annual Payment Accounting
For each payment cycle SCDDA should document: (i) increment actually received for each parcel; (ii)
90% available for reimbursement; (iii) principal approved and outstanding; (iv) interest accrued and
paid; (v) aggregate principal approved against the $630,000 cap; and (vi) remaining term. Payments
are limited to revenues available under the Agreement.
5. Matters Requiring Written Confirmation Before Execution
☐ Whether interest is in addition to the $630,000 principal cap (current text indicates it is additional).
☐ Whether 6% interest is simple or compounded, and the date accrual begins.
☐ The start date and end date for the 18-year reimbursement period.
☐ Treatment of shared development costs, selling costs, and units with no positive Gap Amount.
☐ Whether unused eligible increment may be applied to approved Gap Amounts for other parcels.
☐ Whether a unit’s sale is required before any reimbursement is approved or merely before payment.
Prepared for review; not an independent authorization of TIF expenditures.

City Council Packet

161

Octoer 26, 2026

RBF HOLDINGS LLC
City Council Packet

162

Octoer 26, 2026

RBF HOLDINGS LLC
City Council Packet

163

Octoer 26, 2026

RBF HOLDINGS LLC
City Council Packet

164

Octoer 26, 2026

RBF HOLDINGS LLC
City Council Packet

165

Octoer 26, 2026

City Council Packet

166

Octoer 26, 2026

City Council Packet

167

Octoer 26, 2026

City Council Packet

168

Octoer 26, 2026

City Council Packet

169

Octoer 26, 2026

City Council Packet

170

Octoer 26, 2026