MINUTES OF THE

VIRTUAL REGULAR MEETING OF THE HIGHLAND PARK CITY COUNCIL

OCTOBER 5, 2020

Council convened at 7:01 p.m. with Council President Clyburn presiding.

Present: Council Pro Tem Patrick, Councilmember Bates, Councilmember Armstrong and
Council President Clyburn (4).

Absent: (0).

A quorum being present, Council was declared in session.

***

APPROVAL OF AGENDA

Moved by Council Pro Tem Patrick

Supported by Councilmember Bates

To approve the agenda. Yeas (4), Nays (0), Absent (0).

***

APPROVAL OF MINUTES

Moved by Councilmember Armstrong

Supported by Councilmember Bates

To approve the minutes of the Virtual Workshop meeting held September 21, 2020. Yeas
(4), Nays (0), Absent (0).

Moved by Councilmember Bates

Supported by Councilmember Armstrong

To approve the minutes of the Virtual Regular meeting held September 21, 2020. Yeas
(4), Nays (0), Absent (0).

***

PUBLIC HEARINGS
10-05-20 IV a

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 The Clerk stated this was the place and time to hold a public hearing to hear citizens
input regarding FY 2020 Water Department budget & rates.

Damon Garret, Director of Water/Engineering, gave an overview of the proposed budget

and upcoming projects and costs.

Moved by Council Pro Tem Patrick

Supported by Councilmember Bates

To close the Public Hearing. Public Hearing closed at 7:51 p.m. Yeas (4), Nays (0),
Absent (0).

10-05-20 IV b

The Clerk stated this was the place and time to hold a public hearing to hear citizens
input regarding the request from Hamilton Corridor, LLC to vacate public streets and alleyways
in the area between Hamilton and Thomson, Labelle and Auburndale.

Brian Holdwick from the Means Group, Kyle Morton from Ashley Capital, Steve
Sorensen from PEA Group, David Hart and Stephanie Mellin from Maddin Hauser shared the
intent of the project, how the project is progressing and what the next steps are moving forward.

Moved by Council Pro Tem Patrick

Supported by Councilmember Armstrong

To close the Public Hearing. Public Hearing closed at 8:15 p.m. Yeas (4), Nays (0),
Absent (0).

***

CITY CLERK
10-05-20 V

The following resolution was submitted for approval.

Moved by Council Pro Tem Patrick

Supported by Councilmember Bates

BE IT RESOLVED, that all election inspectors serving for the General Election to be
held on Tuesday, November 3, 2020 shall be paid on a fee basis; and the fee to be paid for
Chairperson shall be the sum of $175.00 and the fee to be paid for Inspector shall be the sum
of $150.00 each which includes $10 for attending the training session prior to the election in
addition to the regular pay each election worker will receive $100 hazard pay from the
grant received from The Center for Secure & Modern Election & Civic Life to assist with

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the November 3, 2020 election.

BE IT RESOLVED that the following places are hereby designated as the polling
places within the City of Highland Park for each election:

PRECINCTS LOCATION
1 Downes Manor 13725 John R
2 Blackwell Municipal Complex 12050 Woodward Ave.
3 Ernest T. Ford Field House 10 Pitkin
4 Ernest T. Ford Field House 10 Pitkin
5 Faith Tabernacle Church 16548 Hamilton
6 Healing Spring MB Church 12647 Hamilton

THEREFORE, BE IT RESOLVED that pay for all election inspectors and the
establishment of polling places and (3) A.V. Counting Board for all precincts for the General
Election be approved. Yeas (4), Nays (0), Absent (0).

***

CITY COUNCIL
10-05-20 VI a

The following ordinance was initiated.

Moved by Councilmember Bates

Supported by Council Pro Tem Patrick

ETHICS ORDINANCE

Ethics in government is not merely the absence of corruption but the presence of trust.
Ethics laws and enforcement efforts aimed solely at deterring corruption fail to apprehend
that simple truth. Indeed, they foster the notion, unjustified in fact, that public officials are
inherently dishonest. Such a policy not only fails to achieve its narrow goal of combating
corruption but also destroys trust in municipal officials and thus ultimately undermines
both the perception and reality of integrity in government. The purpose of ethics laws lies
not in the promulgation of rules nor in the amassing of information nor even in the
punishment of wrongdoers, but rather in the creation of a more ethical government, in
perception and in fact.

In the end, the touchstone of integrity in government resides in the willingness of good
citizens to serve in state and local government. Laws and agencies that chill that willingness
to serve do far more harm than good. When, however, good citizens clamor to join the ranks
of state and local officials, the ethical health of the state and local communities run strong.

NOW THEREFORE, THE CITY OF HIGHLAND PARK ORDAINS:

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SECTION 1. TITLE

This Ordinance shall be known and cited as the City of Highland Park Ethics Ordinance.

SECTION 2. PURPOSE AND DEFINITIONS

Section 2 - 1. Purpose. The purpose of this ordinance is to set forth standards of behavior
and conduct for the officers and employees of the City of Highland Park. All Officers,
employees and/or designees are required to conduct themselves in a professional manner,
consistent with the endeavor of earning and maintaining public trust. All Officers, employees
and/or designees are hereby bound to truthfulness, accountability, integrity, timeliness,
courtesy, transparency and reasonableness. The ordinance also provides references to certain
state statutes that regulate the conduct of officers and employees of local government.

A Board of Ethics is established to hear complaints against officers and employees of the City of
Highland Park and, when there is a reasonable basis to believe that the respondent has violated
Chapter Three of this ordinance, to refer those complaints for prosecution and/or a disciplinary
hearing by the appointing authority. The ordinance provides for penalties for violations of this
ordinance.

Section 2 - 2. Definitions.

"Employee" means a person employed by the City of Highland Park, whether on a full-
time or part-time basis, or volunteer service.

"Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or

other tangible or intangible item having monetary value including, but not limited to, cash,
food and drink, travel, lodging, and honoraria for speaking engagements related to or
attributable to government employment or the official position of an officer or employee.

"Government contract" means a contract in which the City of Highland Park acquires
goods or services, or both, from another person or entity, but the term does not include a
contract pursuant to which a person serves as an employee or appointed officer of the City of
Highland Park.

"Governmental decision" means a determination, action, vote, or disposition upon a

motion, proposal, recommendation, resolution, ordinance, or measure on which a vote by the
members of a legislative or governing body of a public entity is required and by which a public
entity formulates or effectuates public policy.

"Immediate family" means a person and a person's spouse and the person's children and
stepchildren by blood or adoption, who reside with that person.

"Officer or Official" means a person who holds office, by election or appointment

within the City of Highland Park regardless of whether the officer is compensated for service
in his or her official capacity.

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 "Official action" means a decision, recommendation, approval, disapproval or other
action or failure to act which involves the use of discretionary authority.

"Prohibited source" means any person or entity who:

(1) is seeking official action (i) by an officer or (ii) by an employee, or by the officer
or another employee directing that employee;

(2) does business or seeks to do business (i) with the officer or (ii) with an employee,
or with the officer or another employee directing that employee;

(3) conducts activities regulated (i) by the officer or (ii) by an employee, or by the
officer or another employee directing that employee; or

(4) has interests that may be substantially affected by the performance or

non-performance of the official duties of the officer or employee.

SECTION 3. STANDARDS OF CONDUCT

Section 3 -1. Gift Ban. Except as permitted by this ordinance, no officer or

employee of the City of Highland Park shall intentionally solicit or accept any gift from
any prohibited source, or which is otherwise prohibited by law or ordinance.

Section 3 - 2. Exceptions. Section 3 - 1 is not applicable to the following:

(1) Opportunities, benefits, and services that are available on the same conditions as
for the general public.

(2) Anything for which the officer or employee pays the fair market value.

(3) Any contribution that is lawfully made under the Campaign Finance Laws of the
State of Michigan.

(4) A gift from a relative, meaning those people related to the individual as father,
mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew,
niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
mother- in-law, son-in-law, daughter- in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, half-sister, and
including the father, mother, grandfather, or grandmother of an individual's spouse and the
individual's fiancé or fiancée.

(5) Anything provided by an individual on the basis of a personal friendship unless

the recipient has reason to believe that, under the circumstances, the gift was provided because
of the official position or employment of the recipient and not because of the personal
friendship. In determining whether a gift is provided on the basis of personal friendship, the
recipient shall consider the circumstances under which the gift was offered, such as: (i) the
history of the relationship between the individual giving the gift and the recipient of the gift,

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including any previous exchange of gifts between those individuals; (ii) whether to the actual
knowledge of the recipient the individual who gave the gift personally paid for the gift or
sought a tax deduction or business reimbursement for the gift; and (iii) whether to the actual
knowledge of the recipient the individual who gave the gift also at the same time gave the same
or similar gifts to other officers or employees.

(6) Food or refreshments not exceeding seventy-five dollars ($75.00) per person in
value on a single calendar day; provided that the food or refreshments are (i) consumed on the
premises from which they were purchased or prepared, or (ii) catered. For the purposes of this
Section, "catered" means food or refreshments that are purchased ready to consume which are
delivered by any means.

(7) Food, refreshments, lodging, transportation, and other benefits resulting from
outside business or employment activities (or outside activities that are not connected to the
official duties of an officer or employee), if the benefits have not been offered or enhanced
because of the official position or employment of the officer or employee, and are customarily
provided to others in similar circumstances.

(8) Intra-governmental and inter -governmental gifts. For the purpose of this
ordinance, "intra- governmental gift" means any gift given to an officer or employee from
another officer or employee of [type of unit], and "inter-governmental gift" means any gift
given to an officer or employee by an officer or employee of another governmental entity.

(9) Bequests, inheritances, and other transfers at death.

(10) Any item or items from any one prohibited source during any calendar year
having a cumulative total value of less than one-hundred dollars ($100.00).

Each of the exceptions listed in this Section is mutually exclusive and independent of every
other.
Section 3 - 3. Disposition of gifts. An officer or employee does not violate this
ordinance if he or she promptly takes reasonable action to return a gift from a prohibited
source.

Section 3 - 4. Confidential Information. A public officer or employee shall not

divulge to an unauthorized person, confidential information acquired in the course of
employment in advance of the time prescribed by Mayor. City Council, or the City
Administrator for its authorized release to the public.

See: Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 et seq. -
Suppression of or refusal to provide public records of the City of Highland Park is governed
by the FOIA, the Records Retention Schedule of the local unit as approved by the State
Archivist, and MCL750.491 (Public records; removal, mutilation or destruction; penalty).

Section 3 - 5. Personal Opinion. An officer or employee shall not represent his

or her personal opinion as that of the City of Highland Park.

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 Section 3 - 6. Public Resources. An officer or employee shall use personnel resources,
property, and funds under the officer's or employee's official care and control judiciously
and solely in accordance with prescribed constitutional, statutory, and regulatory procedures
and not for personal gain or benefit.

Section 3 - 7. Personal Profit. A public officer or employee shall not engage in a

business transaction in which the public officer or employee may profit from his or her
official position or authority or benefit financially from confidential information which the
public officer or employee has obtained or may obtain by reason of that position or
authority. Instruction which is not done during regularly scheduled working hours except
for annual leave or vacation time shall not be considered a business transaction pursuant to
this subsection if the instructor does not have any direct dealing with or influence on the
employing or contracting facility associated with his or her course of employment with this
City of Highland Park.

Section 3 - 8. Incompatibility and Conflicts of Interest. Except as otherwise

provided in Const 1963, statute, or in Section 3 - 10, an officer or employee shall not
engage in or accept employment or render services for a private or public interest when
that employment or service is incompatible or in conflict with the discharge of the officer
or employee's official duties or when that employment may tend to impair his or her
independence of judgment or action in the performance of official duties. The
simultaneous holding of more than one public position under certain circumstances is
contrary to the requirements of the Incompatible Public Offices Act, MCL 15.181et seq.
However, the simultaneous holding of certain public positions is specifically authorized by
the Michigan Constitution of 1963 or state statute.

See: Incompatible Public Offices Act, 1978 PA 566, MCL 15.181 et seq.

See: Const 1963, Article 7, Section 28. Local officials are specifically
authorized to serve on the governing bodies of intergovernmental entities.

Section 3 - 9. Personal and financial interests. Except as provided in Section 3 -10, an

officer or employee shall not participate in the negotiation or execution of contracts, making of
loans, granting of subsidies, fixing of rates, issuance of permits or certificates, or other
regulation or supervision relating to a business entity in which the officer or employee has a
financial or personal interest.

See: Conflict of Interest Act, 1968 PA 317. MCL 15 .321 et seq. This Act
governs the solicitation by and participation in government contracts by officers and
employees of the municipality and preempts all local regulations of such conduct. However,
the Conflict of Interest Act does not apply to contracts between the municipality] and its
officers and employees which are based on the municipality's powers to appoint officers and
hire employees.

See: State Ethics Act, 1973 PA 196, MCL 15.341 et seq. Section 2 of this Act,
MCL 15.342,

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set forth the standards listed in Sections 2 - 4 to 2 - 9 of this ordinance. However, no sanctions
are imposed for violation of these standards by officers and employees of local units of
government. Hence, the need for this ordinance to impose sanctions for the violation of these
standards of conduct.

Section 3 - 10. State Conflict of Interest Act, Validity of Contracts, and Voting on,
Making, or Participating in Governmental Decisions.

(1) This ordinance shall not in any manner vary or change the requirements of
1968 PA 317, being sections 15.321to 15.330 of the Michigan Compiled Laws which
governs the solicitation by and participation in government contracts by officers and
employees of the City of Highland Park and preempts all local regulation of such
conduct.

(2) This ordinance is intended as a code of ethics for the City of Highland
Park's officers and employees. A contract in respect to which a public officer or
employee acts in violation of this ordinance, shall not be considered to be void or
voidable unless the contract is a violation of a statute which specifically provides for the
remedy.

(3) Subject to subsection (4), sections 2 - 8 and 2 - 9 shall not apply and an
officer shall be permitted to vote on, make, or participate in making a governmental
decision if all of the following occur:

(a) The requisite quorum necessary for official action on the

governmental decision by the City Council to which the officer has been
elected or appointed is not available because the participation of the officer in
the official action would otherwise violate sections 2 - 8 and 2 -9.

(b) The officer is not paid for working more than 25 hours per week
for City of Highland Park.

(c) The officer promptly discloses any personal, contractual, financial,

business, or employment interest he or she may have in the governmental
decision and the disclosure is made part of the public record of the official
action on the governmental decision.

(4) If a governmental decision involves the awarding of a contract, Sections 3 -

8 and 3- 9 shall not apply and a public officer shall be permitted to vote on, make, or
participate in making the governmental decision if all of the following occur:

(a) All of the conditions of subsection (3) are fulfilled.

(b) The public officer will directly benefit from the contract in an
amount less than $250.00 or less than 5% of the public cost of the contract,
whichever is less.

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 (c) The public officer files a sworn affidavit containing the information
described in subdivision (b) with the City Council.

(d) The affidavit required by subsection (c) is made a part of the public
record of the official action on the governmental decision.

Section 3 -11. Political Activities of Public Employee or Public Officer.

(1) Employees of local units of government running for office, political campaigning
by employees, and limitations on officers and employees seeking support from other employees
for those campaigning for public office and for or against ballot proposals are regulated by the
Political Activities by Public Employees Act, MCL 15.401 et seq. Complaints may be filed with
the Michigan Department o-f Energy, Labor and Economic Growth. MCL 15.406. Violation of
the provisions of this Act by employees and appointed officers are subject to appropriate
disciplinary action, up to and including termination by the appointing authority. Violations of
the ordinance are also subject to the sanctions listed in Chapter Five.

(2) Michigan Campaign Finance Act, MCL 169.201 et seq. Complaints regarding
compliance with this Act may be filed with the Michigan Department of State.

See: Political Activities by Public Employees Act, 1976 PA 169, MCL 15.401
et seq.

See: Michigan Campaign Finance Act, MCL 169 .201 et seq.

Section 3 -12. Anti-nepotism. Unless the City Council shall by a two- thirds (2/3) vote,
which shall be recorded as part of its official proceedings, determine that the best interests
of the City of Highland Park shall be served and the individual considered by such a vote has
met the qualifications for appointive office or employment, the following relatives of any
elected or appointed officer are disqualified from holding any appointed office or
employment during the term for which said elected or appointed officer was elected or
appointed: spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-
sister, or the spouse of any of them. This Section shall in no way disqualify such relatives or
their spouses who are bona fide appointed officers or employees of the City of Highland
Park at the time of the election or appointment of said officer to elective City of Highland
Park office.

Section 3 -13. Representation Before Governmental Body.

An official or employee of the City of Highland Park shall not represent any other person
in any matter that the person has before the City of Highland Park when the officer or employee
appoints or otherwise supervises the board, commission, officer or employee responsible for
handling the matter.

Section 3 - 14. Transactional Disclosure. Whenever an officer or employee is required to

recuse himself or herself under Chapter Two of this ordinance, he or she:

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 (a) shall immediately refrain from participating further in the matter,

(b) shall promptly inform his or her superior, if any, and

(c) shall promptly file with the Board of Ethics, if any, and clerk of the City of
Highland Park a signed Affidavit of Disclosure disclosing the reason for recusal. The clerk shall
send copies of the Affidavit of Disclosure to all of the members of the governing body of the
City of Highland Park and the Affidavit shall be attached to the minutes of its next meeting.

See: Model Affidavit of Disclosure - Transactional Form

Section 3 - 15. Annual Disclosure Statement.

The following elected and appointed officers and employees shall file an annual
disclosure statement: Mayor, City Council, City Clerk, City Treasurer, City Administrator, other
elected and appointed officers and employees, such as the directors and deputy directors of
administrative departments, members of the zoning board of appeals and planning commission,
and those who regularly exercise significant discretion over the solicitation, negotiation,
approval, awarding, amendment, performance, or renewal of government contracts.

The annual disclosure statement shall disclose the following financial interest of the
officer or employee or his or her immediate family in any company, business, or entity that has
contracted with the City of Highland Park or which has sought licensure or approvals from the
City of Highland Park in the two calendar years prior to the filing of the statement:

(a) Any interest as a partner, member, employee or contractor in or for a co-partnership

or other unincorporated association;

(b) Any interest as a beneficiary or trustee in a trust;

(c) Any interest as a director, officer, employee or contractor in or for a corporation;

and

(d) Legal or beneficial ownership of 33.33% or more of the total outstanding stock of a
corporation.

The annual disclosure statement shall include a summary listing each business transaction
with the City of Highland Park involving a financial interest described in this section of the City
of Highland Park officer or employee and/or the immediate family of the officer or employee
during the two prior calendar years.

If there is no reportable financial interest or transaction applicable to the officer or

employee and/or the immediate family of the officer or employee, the annual disclosure
statement shall contain a certification to that effect.

The annual disclosure statement is to be submitted within fifteen (15) days of the start

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of the City of Highland Park's fiscal year.

See: Model Affidavit of Disclosure - Annual Form

SECTION 4. BOARD OF ETHICS

Section 4 -1. There is hereby created a board to be known as the Board of Ethics of the
City of Highland Park. The Board shall be comprised of five (5) members, two (2) appointed
by the Mayor and two (2) appointed by the City Council, and the fifth determined by the four (4)
appointed members. No person shall be appointed as a member of the Board who is related,
either by blood or by marriage up to the degree of first cousin, to any elected officer of the City
of Highland Park. Members shall serve without compensation.

Appointments by the Mayor and City Council must be made within 60 days of the
effective date of this ordinance. If appointments are not made by the Mayor within 60 days,
the City Council may fill those vacancies within the following 30 days. If appointments are
not made by the City Council within 60 days, the Mayor may fill those vacancies within the
following 30 days. The appointment of the fifth member shall be made within 30 days of the
appointment of the fourth member.

Section 4 - 2. All board members shall be appointed to 3-year terms. Board members
may be reappointed to serve subsequent terms.

At the first meeting of the Board and thereafter at the discretion of the Board, the
board members shall choose a chairperson from their number. Meetings shall be held at the
call of the chairperson or any 2 board members. A quorum shall consist of two/thirds Board
members, and official action by the Board shall require the affirmative vote of two/thirds
Board members.

The business of the Board, including its hearings, shall be conducted at a public meeting
held in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 et seq.

Section 4 - 3. The City Council, may remove a Board member in case of incompetency,
neglect of duty or malfeasance in office after service on the Board member by certified mail,
return receipt requested, of a copy of the written charges against the Board member and
after providing an opportunity to be heard in person or by counsel upon not less than 10 days'
notice. Mid-term vacancies shall be filled for the balance of the term in the same manner as
original appointments.

Section 4 - 4. The Board shall have the following powers and duties:

(1) To promulgate procedures and rules governing the performance of its duties and
the exercise of its powers.

(2) Upon receipt of a signed, notarized, written complaint against an officer or

employee, to investigate, conduct hearings and deliberations, issue referrals for disciplinary

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hearings and refer violations of Chapter Three of this Ordinance or state or federal criminal
statutes to the attention of the appropriate attorney with a request for the filing of the
appropriate criminal prosecution or civil infraction enforcement. The Board shall, however,
act only upon the receipt of a written complaint alleging a violation of this ordinance and not
upon its own initiative.

(3) To receive information from the public pertaining to its investigations and to
seek additional information and documents from officers and employees of the City of
Highland Park.

(4) To request the attendance of witnesses and the production of books and papers
pertinent to an investigation. It is the obligation of all officers and employees of the
municipality to cooperate with the Board during the course of its investigations. Failure or
refusal to cooperate with requests by the Board shall constitute grounds for discipline or
discharge of appointed officers and employees of the municipality.

(5) The powers and duties of the Board are limited to matters clearly within the
purview of this ordinance.

See: Model Ethics Complaint Form

Section 4 - 5. (a) Complaints alleging a violation of this ordinance shall be filed with the
Clerk of the City of Highland Park. The Clerk or member of the Clerk's staff shall attend the
Board meetings and act as secretary for the Board.

(b) Within 3 business days after the receipt by the Clerk of a complaint, the Clerk shall
send by certified mail, return receipt requested, a notice to the respondent that a complaint has
been filed against him or her together with a copy of the complaint. Within 3 business days after
receipt by the Clerk of a complaint, the Clerk shall send by certified mail, return receipt
requested, a notice of confirmation of receipt of the complaint together with a copy of the
complaint to the complainant. The notices sent to the respondent and the complainant shall
also advise them of the date, time, and place of the Board hearing to determine the
sufficiency of the complaint and to establish whether there is a reasonable basis to believe that
the respondent has violated Chapter Three of this ordinance. The Clerk shall also
concurrently send copies of the foregoing complaint and notices to the members of the Board.

(c) The Board shall conduct a hearing to review the sufficiency of the complaint and,
if the complaint is deemed sufficient to allege a violation of Chapter Three of this ordinance, to
determine whether there is a reasonable basis to believe that the respondent has violated Chapter
Three of this ordinance based on the evidence presented by the complainant and any additional
evidence provided to the Board at the hearing pursuant to its investigatory powers. The
complainant and respondent may be represented by counsel at the hearing. Within a reasonable
period of time after the completion of the hearing which may be conducted in one or more
sessions at the discretion of the Board, the Board shall issue notice to the complainant and the
respondent of the Board's ruling on the sufficiency of the complaint and, if necessary, as to
whether they find that there is a reasonable basis to believe that the respondent has violated

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Chapter Three of this ordinance.

If the complaint is deemed sufficient to allege a violation of Chapter Three of this

ordinance and the Board finds that there is a reasonable basis to believe that the respondent has
violated Chapter Three of this ordinance, then the Clerk shall notify in writing the attorney
designated by the City Council and shall transmit to the attorney the complaint and all additional
documents in the custody of the Board concerning the alleged violation, with the Board's request
for the filing of appropriate criminal or civil proceedings. The Clerk shall also provide these
documents to the respondent's appointing authority within the City of Highland Park with the
Board's request for the commencement of appropriate disciplinary action consistent with any
applicable collective bargaining agreement, civil service commission rules or employment
regulations of the City of Highland Park.

(d) Sections 3b - 3e of the State Ethics Act. MCL 15.341 et seq, set forth protections
for officers and employees who act as whistleblowers regarding the conduct of the City of
Highland Park officers and employees. Additional whistleblower protections are set forth in the
Whistleblowers' Protection Act, 198 0 PA 469, MCL 15.361 et seq.

(e) Any person who files a complaint alleging a violation of this ordinance knowing
that material information provided therein is not true or that information provided therein was
made in reckless disregard for the truth may be subject to a fine of up to $500 as well as the
reasonable costs incurred by the [type of local unit] in investigating the complaint and the
reasonable costs incurred by the Respondent in responding to the complaint.

(f) A complaint must be filed with the Clerk within three (3) years of the date the offense
is alleged to have occurred.

SECTION 5. SANCTIONS

Section 5 -1. Sanctions shall not be construed to diminish or impair the rights of an
officer or employee under any collective bargaining agreement, nor the City of Highland Park
obligation to comply with such collective bargaining agreements.

Section 5 - 2. State statutes cited in this ordinance contain criminal penalties and civil
remedies that apply, as provided in those statutes, to the conduct regulated by those statutes.

Section 5 - 3. A violation of this ordinance may be punished as misdemeanor by a fine of

up to $500 and/or 90 days in jail.

Section 5 - 4. In addition to any other penalty, whether criminal or civil, an employee or

officer who intentionally violates this ordinance may be subject to disciplinary action including
censure, reprimand, removal, dismissal or discharge.

Section 5 - 5. In addition, the common law offense of misconduct in office (misfeasance,

malfeasance and nonfeasance) constitutes a felony as provided in the Michigan Penal Code,
MCL 750.505 and willful neglect of duty constitutes a misdemeanor as provided in MCL

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750.478.

SECTION 6. APPLICABILITY

a. This ordinance shall apply to the City of Highland Par k. All portions of former ordinances in
conflict herewith are hereby repealed or superseded.

SECTION 7. SEVERABILITY

a. In the event that any sections, provisions, phrases or words of this ordinance shall be found
to be invalid by a court of competent jurisdiction, such holding shall not affect the validity or
the enforcement of the remaining sections, provisions, phrases or words of this ordinance.

SECTION 8. EFFECTIVE DATE

a. This ordinance shall take effect fifteen (15) days after the date of enactment, in accordance
with the provisions of Section 6-2(8) of the City Charter. Yeas (4), Nays (0), Absent (0).

10-05-20 VI b

The following ordinance was initiated.

Moved by Councilmember Bates

Supported Council Pro Tem Patrick

We the City Council of the City of Highland Park do hereby initiate the following proposed
ordinance:

AN ORDINANCE to amend the Highland Park Administration Code, Part Two, by

adding Chapter 252 to establish the Citizens District Advisory Councils.

CROSS REFERENCE: 2019 Charter Sec 7-18 Advisory Boards (1) Citizens
District Advisory Councils (CDACs)

WHEREAS, the City of Highland Park Charter Section 7-18 states:

(1) Citizen District Advisory Councils (CDACs)

CDACs exist to meet with residents in their respective districts and discuss
ideas pertinent to those neighborhoods. Ideas will be shared amongst the
various CDACs and with City officials to promote a more efficient and
enjoyable city.
a. There shall be six districts that comprise the CDACs. There shall be
two (2) districts in each proposed city council district.
b. Each District Council will have five members. Two of the members shall

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 be appointed by the Mayor and two appointed by City Council. The fifth
member will be selected by the four members already appointed.
c. All CDAC members must be Highland Park residents.
d. CDAC members will not be compensated for their service, and lack the
capacity to execute any official act of the City.
e. CDAC members serve at the pleasure of the appointing authority.
However, the member selected by their peers, can be removed if a
majority of the appointed members agree to do so.

(2) The Mayor and City Council shall meet with each district council at least twice
a year to discuss issues that affect and concern the citizens living in the area.
(3) Non At Large City Council members shall meet as least twice a year with their
respective CDACs.
(4) CDAC members will serve three year terms, unless they are reappointed or
removed.
(5) The CDACs shall select officers in order to conduct their meetings in an
orderly manner.
(6) Each CDAC will have one (1) posting location within the respective CDAC

WHEREAS, the City of Highland Park desires to adopt policies and procedures for
the establishment of the Highland Park CDACs;

NOW, THEREFORE, THE CITY OF HIGHLAND PARK ORDAINS:

Section I. Part Two, Title 8 of the Codified Ordinances of Highland Park, 1983, be
amended by adding Sections 252.0 l through 252.09, to read as follows:

Part Two. Administration Code

Title 8. Boards, Commissions, and Authorities
Chapter 252. Highland Park Citizens District Advisory Councils

252.01 PURPOSE.

CDACs exist to meet with residents in their respective districts and discuss ideas pertinent
to those neighborhoods. Ideas will be shared amongst the various CDACs and with City
officials to promote a more efficient and enjoyable city.

(2019 CHRT. Sec. 7-18)

252.02 POWERS AND DUTIES.

Organize public meetings with residents in the district area to discuss ideas pertinent to the
neighborhood. Organize public meetings with City Council members to share ideas to
promote a more efficient and enjoyable city. Organize public meetings with the Mayor to
share ideas to promote a more efficient and enjoyable city. Organize meetings with Non At
Large City Council members who represent their districts to share ideas to promote a more

15
efficient and enjoyable city.

252.03 COMPENSATION.
The members of the CDACs shall serve without compensation.

252.04 APPOINTMENT OF CDAC COUNCIL MEMBERS.

Each District Council will have five members. Two of the members shall be appointed by
the Mayor and two appointed by City Council. The fifth member will be selected by the
four members already appointed.

a. City Council shall establish within 30 days of the effective date of this
ordinance the boundaries of each CDAC such that no CDAC
boundaries overlap.
b. City Council shall redraw boundaries of each CDAC at the same time
that districts are redrawn following the decennial census.
c. Appointments by the Mayor and City Council must be made within 60
days of the effective date of this ordinance.
d. If appointments are not made by the Mayor within 60 days, the City
Council may fill those vacancies within the following 30 days.
e. If appointments are not made by the City Council within 60 days, the
Mayor may fill those vacancies within the following 30 days.
f. The appointment of the fifth member shall be made within 30 days of
the appointment of the fourth member.

252.05 COMPOSITION OF THE CDACs.

There shall be six districts that comprise the CDACs. There shall be two (2) districts in
each proposed city council district. Each District Council will have five members.

252.06 TERMS OF COUNCIL MEMBERS.

CDAC members will serve three-year terms, unless they are reappointed or removed.

252.07 QUALIFICATION REQUIREMENTS FOR COMMISSIONERS.

All CDAC members must be Highland Park residents and live within the boundary of their
CDAC district.

252.08 OFFICERS; MEETINGS.

The CDACs shall select officers in order to conduct their meetings in an orderly manner.

252.09 REMOVAL OF COMMISSIONERS FROM OFFICE; WITHDRAW AL OF

COMMISSIONERS; FILLING VACANCIES.

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 a. CDAC members serve at the pleasure of the appointing authority. However,
the member selected by their peers, can be removed if a majority of the
appointed members agree to do so.
b. A Council Member may withdraw from their position by submitting a
written notice of withdrawal to the presiding officer of the CDAC. Any such
withdrawal of a Council Member is effective once the presiding officer
receives a Council Member's written withdrawal from the CDAC.
c. Vacancies on the CDACs shall be filled by the original appointing authority
within 30 days of the occurrence of the vacancy for the remaining duration
of the unexpired term.
d. If the Mayor is the appointing authority and does not fill a vacancy within
30 days, the City Council may fill the vacancy within the following 30 days.
e. If the City Council is the original appointing authority and does not fill a
vacancy within 30 days, the Mayor may fill the vacancy within the
following 30 days.
f. If the four CDAC members are the appointing authority and do not fill a
vacancy within 30 days, then the City Council may fill the vacancy within
the following 30 days.

Section 2. All ordinances or parts of ordinances, or resolutions, in conflict with this

ordinance are repealed.

Section 3. The invalidity or unenforceability of any particular phrase, clause, term, word,
sentence, paragraph, or section of this Ordinance shall not affect the validity or
enforceability of the remaining portions and this Ordinance shall be construed in all
respects as if such invalid or unenforceable phrases, clauses, terms, words, sentences,
paragraphs, or sections were omitted.

10-05-20 VI c

AN ORDINANCE TO AUTHORIZE AND REGULATE THE ESTABLISHMENT OF

MEDICAL MARIJUANA FACILITIES AND ADULT USE MARIJUANA FACILITIES

At a regular meeting of the City of Highland Park City Council on 2020, Wayne
County, Michigan, the following ordinance was adopted:

BE IT ORDAINED THAT the following ordinance authorizing the establishment, and

regulating the operation, of medical marijuana facilities and adult use marijuana facilities in
Highland Park are adopted as follows:

Section 1. Purpose & Legislative Intent

(a). It is the intent of this ordinance to authorize the establishment of certain types of
medical marijuana facilities and adult use marijuana facilities in the City of Highland Park

17
and provide for the adoption of reasonable restrictions to protect the public health, safety, and
general welfare of the community at large; create and adopt an ordinance regulating
commercial marihuana facilities pursuant to the Medical Marihuana Facilities Licensing
Act, MCL 333.27101 et seq; create and adopt an ordinance regulating commercial
marihuana facilities pursuant to the Michigan Regulation and Taxation of Marihuana Act,
MCL 333.27951 et seq; retain the character of neighborhoods; and mitigate potential impacts
on surrounding properties and persons. It is also the intent of this ordinance to help offset
administrative and enforcement costs associated with the operation of a marijuana facility or
marijuana establishment in the City of Highland Park through imposition of an annual,
nonrefundable fee of not more than $5,000.00 on each medical marijuana facility licensee.
Authority for the enactment of these provisions is set forth in the Michigan Medical
Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421et seq; the Medical Marihuana
Facilities Licensing Act, MCL 333.27101 et seq; the Marihuana Tracking Act, MCL 333.27901
et seq; and Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.

(b). Nothing in this ordinance is intended to grant immunity from criminal or civil
prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or
distribution of marijuana, in any form, that is not in compliance with the Michigan Medical
Marihuana Act, Initiated Law 1 of 2008, MCL 333.2642let seq; the Medical Marihuana
Facilities Licensing Act, MCL 333.27101 et seq; the Marihuana Tracking Act, MCL 333.27901
et seq; and Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq.; and
all other applicable rules promulgated by the state of Michigan.

(c). As of the effective date of this ordinance, marijuana remains classified as a

Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. Sec. 801
et seq., which makes it unlawful to manufacture, distribute, or dispense marijuana, or possess
marijuana with intent to manufacture, distribute, or dispense marijuana. Nothing in this
ordinance is intended to grant immunity from any criminal prosecution under federal laws.

Section 2. Definitions

For the purposes of this ordinance:

(a). Any term defined by the Michigan Medical Marihuana Act, MCL 333.26421 et
seq., shall have the definition given in the Michigan Medical Marihuana Act.

(b). Any term defined by the Medical Marihuana Facilities Licensing Act, MCL
333.27101 et seq., shall have the definition given in the Medical Marihuana Facilities
Licensing Act.

(c). Any term defined by the Marihuana Tracking Act, MCL 333.27901 et seq.,
shall have the definition given in the Marihuana Tracking Act.

(d). Any terms defined by the Michigan Regulation and Taxation of Marihuana
Act, MCL 333.27951 et seq. shall have the definition given in the Michigan Regulation and
Taxation of Marihuana Act."

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 (e) "City" means the City of Highland Park, Michigan.
(f) "Clerk" means the City Clerk of Highland Park, Michigan.
(g) "City Council" means the City Council of Highland Park, Michigan.
(h) "Consumption Lounge" means a licensee that is a commercial entity located in
this state that provides for the ability to consume marijuana on-site and includes the
accessory sale of goods, wares, personal merchandise, articles, or things incidental to the
provision of such service.

(i). "Grower" means a licensee that is a commercial entity located in this state that
cultivates, dries, trims, or cures and packages marihuana for sale to a processor,
provisioning center, or retailer.

(j). "Incubation Licensee" means a Category 1 or Category 2 Social Equity licensee

who enters into an agreement with a Category 3 licensee to be provided rent-free space by
the Category 3 licensee.

(k) "Incubation Space" means a the property provided by a Category 3 licensee to

an Incubation Licensee pursuant to this chapter.

(1). "Licensee" means a person holding a state operating license issued under the
State Marihuana Acts.

(m) "Marijuana" or "marihuana" means that term as defined in the Public Health
Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.;
the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana
Tracking Act, MCL 333.27901 et seq.

(o) "Marijuana Business" means and is inclusive of medical marijuana facilities, as

defined under MCL 333.27102(1), and marijuana establishments, as defined under MCL
333.27953(h).

(p) "Marijuana Establishment" means an enterprise at a specific location at which

a licensee is licensed to operate under the Michigan Regulation and Taxation of Marihuana
Act, MCL 333.27951 et seq., including a marijuana grower, marijuana processor, marijuana
retailer, marijuana secure transporter, or marijuana safety compliance facility. The term does
not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the
Michigan Medical Marihuana Act, MCL 333. 26421 et seq.

(q). "Marijuana Facility" means an enterprise at a specific location at which a

licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL
333.27101 et seq., including a marijuana grower, marijuana processor, marijuana
provisioning center, marijuana secure transporter, or marijuana safety compliance facility.
The term does not include or apply to a "primary caregiver" or "caregiver" as that term is
defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq.

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 (r). "Microbusiness" means a person licensed to cultivate not more than 150
marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana
to individuals who are 21 years of age or older or to a marihuana safety compliance facility,
but not to other marihuana establishments.

(s). "Person" means an individual, corporation, limited liability company,

partnership, limited partnership, limited liability partnership, limited liability limited
partnership, trust, or other legal entity.

(t). "Processor" means a licensee that is a commercial entity located in Michigan

that purchases marihuana from a grower and that extracts resin from the marihuana or
creates a marihuana- infused product for sale and transfer in packaged form to a provisioning
center.

(u). "Provisioning Center" means a licensee that is a commercial entity located in

Michigan that purchases marihuana from a grower or processor and sells, supplies, or
provides marihuana to registered qualifying patients, directly or through the patients'
registered primary caregivers. Provisioning center includes any commercial property where
marihuana is sold at retail to registered qualifying patients or registered primary caregivers.
A noncommercial location used by a primary caregiver to assist a qualifying patient
connected to the caregiver in accordance with the Michigan Medical Marihuana Act, MCL
333.26421 et seq., is not a provisioning center for purposes of this article.

(v). "Qualifying Individuals" means those persons that have been

disproportionately impacted by marijuana prohibition and enforcement and which qualify
pursuant to the state's Social Equity rules and guidelines.
(w) "Qualifying Period" means a minimum of two (2) years following the issuance
of a license.

(x) "Retailer" means a person licensed to obtain marihuana from marihuana

establishments and to sell or otherwise transfer marihuana to marihuana establishments and to
individuals who are 21 years of age or older.

(y). "Safety Compliance Facility" means a licensee that is a commercial entity that
receives marihuana from a marihuana facility or registered primary caregiver, tests it for
contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results,
and may return the marihuana to the marihuana facility or marihuana establishment.

(z). "Secure Transporter" means a licensee that is a commercial entity located in

this state that stores marihuana and transports marihuana between marihuana facilities for a
fee.

(aa). "State Operating License" or unless the context requires a different meaning,
"license" means a license that is issued under this act that allows the licensee to operate as 1
of the following, as specified in the license:

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 (i) A Medical and/or Recreational Grower Classes A-C.
(ii) A Medical and/or Recreational processor.
(iii) A Medical and/or Recreational Secure transporter.
(iv) A Provisioning Center.
(v) A Retailer
(vi) A Microbusiness
(vii) A Consumption Lounge/ Designated Consumption Area

(bb). "State Marijuana Acts" mean the State of Michigan Medical Marihuana Act,
MCL 333.2641, et seq; the Marihuana Facilities Licensing Act, MCL 333.27101 et seq; the
Marihuana Tracking Act, MCL 333.27901 et seq; and the Michigan Regulation and Taxation
of Marihuana Act, MCL 333.27951 et seq.

Section 3. Authorization of Facilities and Fee

(a). Pursuant to the State Marihuana Acts, the City of Highland Park authorizes
the operation of the following marihuana businesses, provided they possess a state operating
license issued under the State Marihuana Acts and they comply with the City's zoning
requirements and all other applicable laws and ordinances.

(b). The maximum number of each type of marijuana facility or marijuana

establishment allowed in the City of Highland Park shall be discretionary and as follows:

Facility Number of licenses or locations License Type

Class A Grower: Maximum four (4) licenses May be Medical and/or Recreational.
Class B Grower: Maximum four (4) licenses. May be Medical and/or Recreational.
Class C Grower: Maximum five (5) locations. May be Medical and/or Recreational.
Processor: Maximum four (4) licenses. May be Medical and/or Recreational.
Secure transporter: Maximum two (2) licenses. May be Medical and/or Recreational.
Provisioning center: Maximum five (5) licenses. Medical Only.
Retailer: Maximum five (5) licenses. Recreational Only.
Safety compliance facility: Maximum one (1) license. May be Medical and/or Recreational.
Microbusiness: Maximum three (3) licenses. Recreational Only.
Consumption Lounge: Maximum three (3) licenses. Recreational Only.

(c). At least every one (1) year after adoption of this ordinance, the City Council
shall review the maximum number of each type of marijuana facilities and marijuana
establishments allowed and determine whether this maximum number should be changed.
The review and its findings shall be recorded in the minutes of the relevant meeting of the
City Council.

(d). A nonrefundable fee shall be paid by each marijuana facility or marijuana

establishment licensed under this ordinance in an annual amount of not more than $5,000.00
as set by resolution of the City of Highland Park City Council.

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 (e) The maximum number of locations for both provisioning centers and retailers
shall be capped at five (5). A single location may serve as both a Provisioning Center and a
Retailer.

Section 4. Requirements and Procedure for Issuing License

(a). No person shall operate a marijuana business in City of Highland Park without
a valid marijuana facility license issued by the City of Highland Park pursuant to the
provisions of this ordinance.

(b). Every applicant for a license to operate a marijuana facility or marijuana

establishment shall file an application in the City office upon a form provided by the City of
Highland Park.

(c). Every applicant for a license to operate a marijuana facility or marijuana

establishment shall submit with the application a photocopy of the applicant's valid and
current license issued by the State of Michigan in accordance with the State Marihuana Acts.

(d). Upon an applicant's completion of the above-provided form and furnishing of

all required information and documentation, the City shall accept the application and assign it
a sequential application number based on the date and time of acceptance. The City shall act
to approve or deny an application not later than ninety (90) days from the date the application
was accepted. If approved, the City shall issue the applicant a provisional license.

(e). A provisional license means only that the applicant has submitted a valid
application for a marijuana facility license or a marijuana establishment license, and the
applicant shall not locate or operate a marijuana facility or marijuana establishment without
obtaining all other permits and approvals required by all other applicable ordinances and
regulations of the City of Highland Park. A provisional license will lapse and be void if such
permits and approvals are not diligently pursued to completion.

(f). Within fourteen (14) days from the applicant submitting proof of obtaining all
other required permits and approvals and payment of the license fee, the City shall approve
or deny the marijuana facility license or marijuana establishment license. The City Clerk shall
issue marijuana facility licenses and marijuana establishment licenses in order of the
sequential application number previously assigned.

(g). Maintaining a valid marijuana facility license issued by the state is a condition
for the issuance and maintenance of a marijuana facility license or marijuana establishment
license under this ordinance and continued operation of any marijuana facility.

Section 5. Social Equity Program

A Social Equity Program participant shall be eligible for one of three categories, as
follows:

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(a) To qualify for Social Equity Program Category 1, a minimum of fifty-one
percent (51%) of the applicant's business must be owned and operated by one
or more Qualifying Individuals who will hold such interest for a minimum of
two (2) years after the Qualifying Period and who meet one of the following
criteria:
i. A current or former resident of the City for a continuous period of no
less than three (3) years.
ii. A resident of a state approved social equity municipality.

(b) To qualify for Social Equity Program Category 2, a minimum of thirty-three

percent (33%) of the applicant's business must be owned and operated by one
or more Qualifying Individuals who will hold such interest for the Qualifying
Period and who meet one of the following criteria:
i. A current or former resident of the City for a continuous period of no
less than three (3) years.
ii. A resident of a state approved social equity municipality.

(c) To qualify for Social Equity Program Category 3, a license holder shall enter
into an Incubation Agreement as provided in Section e below.

(d) Applicants for Social Equity Program Categories 1 and 2 shall not submit
applications to obtain more than one license per license category for a
marihuana business (e.g., cultivation, processing, retail) in the City.

(e) A Category 3 licensee shall enter into an Incubation Agreement with a Category
1 or Category 2 Incubated Licensee to provide Incubation Space for the Incubated
Licensee's marihuana business for a minimum period of two (2) years.

The Category 3 Licensee shall provide Incubation Space that meets all of the following
requirements:

i. Compliance with all land use requirements in and according to local

law and regulation.
ii. The Incubation Space provided meets all state statutes and regulations
related to the separation of co-located marijuana businesses.

(f) The City may, at its sole discretion, approve a fee to be paid by the Category 3
licensee to one or more Category 1 or Category 2 licensees in lieu of providing
incubation space. Such determination shall be made by the City Council.

(g) The City shall issue guidance on acceptable forms of evidence of Category 1-3
eligibility.

(h) Category 1-3 licensees may be eligible to receive the following benefits:

a. Expedited licensing processing for initial applications and renewal

23
 applications
b. Waiver or reduction of application fees.
c. Waiver or reduction of land use entitlement fees, permit fees, and
inspection fees.
d. Payment of a Category 1 or Category 2 license or application fees by a
Category 3 licensee.

(i) Available licenses pursuant to Section 3 shall be specifically reserved for award to
Social Equity program participants as follows:

Facility Number of Licenses Reserved

Class A Grower: Zero (0)

Class B Grower: Zero (0).
Class C Grower: One (1) reserved for Category 3 program participant.
Processor: One (1) reserved for Category 1, 2, or 3 program participant
Secure transporter: Maximum two (2).
Provisioning center: One (1) reserved for Category 1, 2, or 3 program participant
Retailer: One (1) reserved for Category 1, 2, or 3 program participant
Safety compliance facility: Zero (0).
Microbusiness: Three (3) reserved for Category 1 and 2 program participant
Consumption Lounge: One (1) reserved for Category 1 and 2 program participant

Section 6. License Application Submission

(a) Each marihuana business must be licensed by the City. Applications for a
license shall be made in writing to the City Clerk. All applications submitted to
the City Clerk in accordance with the provisions of this chapter shall be
considered for the issuance of a license. An applicant may apply for multiple
licenses under this chapter of the same or different natures simultaneously, as
permitted by law.

(b) A complete application for a license or licenses required by this chapter shall be
made under oath on forms provided by the City Clerk, and shall contain all of
the following:

(1) If the applicant is an individual, the applicant's name, date of birth,

physical address, email address, one or more phone numbers, including
emergency contact information, and a copy of a government-issued photo
identification card of the applicant.

(2) If the applicant is not an individual, the names, dates of birth, physical
addresses, email addresses, and one or more phone numbers of each
stakeholder of the applicant, including designation of a stakeholder as an
emergency contact person and contact information for the emergency contact
person, articles of incorporation or organization, internal revenue service SS-4

24
EIN confirmation letter, and the operating agreement or bylaws of the
applicant, if a limited liability company.

(3) The name, date of birth, physical address, copy of photo identification,
and email address for any operator or employee if other than the applicant.

(4) The name and address of the proposed marihuana operation and any
additional contact information deemed necessary by the City Clerk.

(5) Applicant or licensee shall keep records of the results of the criminal
history background checks performed pursuant to MMFLA and/or MRTMA
requirements and shall provide copies for every applicant, licensee,
stakeholder, and employee to the City Clerk within five business days of
receipt.

(6) An affirmation under oath as to whether the applicant or operator has

had a business license revoked or suspended, and if revoked or suspended,
then the reason for such revocation or suspension.

· (7) A copy of the proposed business plan for the marihuana operation,
including, but not limited to, the following:

i. The proposed ownership structure of the marihuana operation,

including percentage ownership of each person; and

ii. current organization chart that includes position descriptions and

the names of each person holding each position.

(8) One of the following: (a) proof of ownership of the entire premises
wherein the marihuana operation is to be operated; or (b) written consent from
the property owner for use of the premises in a manner requiring licensure
under this chapter along with a copy of any lease for the premises.

(9) Verify compliance with State-mandated security measures as outlined in

the MMFLA or MRMTA.

(10) A floor plan and security plan of the marihuana operation, as well as a
scale diagram illustrating the property including all available parking spaces,
all available handicapped accessible parking, and noting storage spaces for
any flammable or combustible substances.

(11) Material Safety Data Sheets for each hazardous chemical to be stored at
the Marijuana Business, if any.

(11) Verify compliance with State-mandated marketing and advertising

restrictions as outlined in the MMFLA or MRTMA.

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(12) A location area map of the marihuana operation and surrounding area that
identifies the relative locations and the distances, measured pursuant to the to the
buffered uses set forth in Section 7.

(13) For the purpose of calculating the buffering and dispersion

requirements of this section, the distance shall be measured along the center
line of the street or streets of address between two fixed points on the center
line determined by projecting straight lines, at right angles to the center line,
from the part of the buffered use nearest to the contemplated location of the
marihuana operation and from the part of the contemplated location nearest to
the buffered use. The distances from the marihuana operation to the point on
the centerline and from the buffered use to the point on the centerline shall be
included in the calculation. For Provisioning Centers and Retailers located
within a commercial strip mall or retail center, the measurement shall be from
the property line of the Medical Marihuana Provisioning Center and
Marihuana Retailer to the property line of a buffered use.

(13) An affidavit that neither the applicant nor any stakeholder of the
applicant is in default to the City. Specifically, that the applicant or
stakeholder of the applicant has not failed to pay any property taxes, special
assessments, fines, fee or other financial obligation to the City.

(14) A signed acknowledgment that the applicant is aware and understands

that all matters related to marihuana, growing, cultivation, possession,
dispensing, testing, safety compliance, transporting, distribution, and use are
currently subject to State and Federal laws, rules, and regulations, and that the
approval or granting of a license hereunder does not exonerate or exculpate
the applicant from abiding by the provisions and requirements and penalties
associated with those laws, rules and regulations or exposure to any penalties
associated therewith; and further the applicant waives and forever releases any
claim, demand, action, legal redress, or recourse against the City, its elected
and appointed officials and its employees and agents for any claims, damages,
liabilities, causes of action, damages, and attorney fees the applicant may
occur as a result of the violation by applicant, its officials, members, partners,
shareholders, employees and agent of those laws, rules, and regulations and
hereby waives, and assumes the risk of, any such claims and damages, and lack
of recourse against the City, its elected and appointed officials, employees,
attorneys, and agents.

(15) Proof of an insurance policy covering each license and naming the City,
its elected and appointed officials, employees, and agents, as additional insured
parties, available for the payment of any damages arising out of an act or
omission of the applicant or its stakeholders, agents, employees, or
subcontractors, in the amount of (a) at least $1,000,000.00 for property
damage; (b) at least $1,000,000.00 for injury to one person; and (c) at least

26
 $2,000,000.00 for injury to two or more persons resulting from the same
occurrence. The insurance policy underwriter must have a minimum AM.
Best Company insurance ranking of B+, consistent with State law. The policy
shall provide that the City shall be notified by the insurance carrier 30 days in
advance of any cancellation. The insurer must be licensed in the State of
Michigan.

(16) Proof of a surety bond in the amount of $50,000.00 with the City listed
as the obligee to guarantee performance by applicant of the terms, conditions
and obligations of this chapter in a manner and surety approved by the City
Attorney.

(17) Projected or actual total planned investment into the City and
commitments for future community involvement in the City

(18) An estimate of the number and type of full-time equivalent jobs that the
marihuana operation expects to create and the amount and type of
compensation for each position, including benefits.

(19) Submission of an odor plan to address any potential odors stemming

from the use, storage, growing, or processing of marijuana.

(20) Execution of the Financial Resources Litigation History form made

available by the City Clerk.

(21) Execution of the Morals, Good Order and General Welfare Litigation
History form made available by the City Clerk.

(22) Any other information requested by the City Clerk to assist in the
review of the application. Failure to provide required or requested information
may result in an incomplete application determination and may result in denial
or revocation of licensure.

(23) There is an ongoing obligation to provide updated information to the

City Clerk. Should there be a change to any portion of an application, the
applicant must advise the City Clerk within seven days from date of change
and provide any documentation to support the change in application. Failure
to provide documentation shall result in an incomplete application
determination and is subject to denial of licensure.

(c) Upon receipt of a completed application meeting the requirements of this

section and the appropriate license application fee, the City Clerk shall refer a
copy of the application to each of the following for their approval: the City
Attorney, the Building Safety Office, the Police Department, and the City

27
 Treasurer.

(d) No application shall be approved unless:

a. The Building Safety Office has inspected the proposed location or

approved proposed site plans for compliance with all laws for which they are
charged with enforcement and for compliance with the requirements of this
chapter.

b. The City Treasurer has confirmed that the applicant and each stakeholder
of the applicant are not in default to the City, including but not limited to, non-
payment of property taxes.

c. The Police Department has reviewed the criminal history background

checks for each applicant, stakeholder, and employees provided by the
applicant.

d. The City Attorney's office has reviewed and approved as to form the
insurance and either the surety bond or escrow account documentation for
compliance with State and local laws.

(e) The Clerk shall assess, evaluate, score and rank all complete applications for
each license type according to the provisions of this chapter.

(f) The Clerk's assessment, evaluation, score, and rank of each required
application that requires scoring shall be based upon a scoring criteria created
by the Clerk consistent with the requirements and conditions of this chapter.

Section 7. Location Requirements.

(a) Marijuana Businesses shall only be located in one of the following Marihuana
Business Districts:

(1) Hamilton Avenue on the east and west side of the street, from
McNichols Road to Tuxedo Street, excluding Davison and to W Buena
Vista Street.

(2) Along Midland Street, located on the north and south side of the street,
starting at West Hamilton Avenue and continuing to the city limits.

(3) Along Victor Street, located on the north and south side of the street, starting
at Woodward Avenue to the city limits.

(4) Along the northeast side of the Davison Freeway, starting north at
Woodward and continuing to the T alley, as well as the south side of Gerald
Street.

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 (5) Along the north and south side of Manchester Avenue, starting at
Woodward Avenue and continuing east to the city limits.

(6) Along the south side of East and West McNichols Road.

(7) Along the east and west side of Oakland Avenue, starting at Davison
Freeway and continuing to McNichols Road.

(8) Along the north side of Oakman Boulevard at Hamilton west to the city
limits.

(b) No Marijuana Business shall be located within:

(1) Five hundred (500) feet, of the following buffered uses: an operational
school, including a prekindergarten that is located within a school; or a
commercial child-care organization that is registered with the state.

(2) Notwithstanding the above, an applicant to operate a marihuana business

may apply for and be granted a variance in accordance with local law and
regulation. Such application for a variance shall include attestation of
neighborhood support and approval of the proposed marihuana business
location.

Section 8. Establishment of Marihuana Regulatory Commission.

(a) A Marihuana Regulatory Commission shall be established within forty-five (45)

days of adoption of this ordinance. The Marihuana Regulatory Commission may be reasonably
compensated for its services. City Council shall determine the appropriate structure for such
compensation to the Marihuana Regulatory Commission, if any.

(b) The Marihuana Regulatory Commission shall be composed of three (3)

persons, two (2) of which shall be City of Highland Park residents, and which shall be
appointed by the City Council and which shall be effective for a period of three (3) years.

(c) The Marihuana Regulatory Commission shall be tasked with the following:

(1) Report the outcome of all pending grants, applications, community

benefits, and community reinvestment in the City, through memoranda
published monthly.

(2) Provide additional reports regarding the status of Marihuana Business

applications and operational Marihuana Businesses as determined by
the Marihuana Regulatory Commission, published monthly.

(3) Coordinate with the Clerk, Police Department, City Attorney's Office,
and other City Administration to uphold the integrity of Marihuana

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 Business operations and to ensure that Marihuana Business licensees
adhere to any and all commitments or representations made in its initial
or renewal applications for licensure.

Section 9. License Renewal & Revisions

(a). A marijuana facility license shall be valid for one year from the date of
issuance, unless revoked as provided by law.

(b). A valid marijuana facility license or marijuana establishment license may be

renewed on an annual basis by submitting a renewal application upon a form provided by
the City of Highland Park and payment of the annual license fee. Applications to renew a
marijuana facility license or marijuana establishment license shall be filed at least thirty (30)
days prior to the date of its expiration.

(c). The transferring of a marijuana facility license or marijuana establishment

license which only changes the listed applicant to a different entity or person is allowed with
the submittal of:

(1) Document consisting of a notarized and original signatures;

(2) State of Michigan Licensing and Regulatory Affairs Department
document indicating approval of applicant or applicant's entity of
Department's Step 1: Prequalification Document Checklist; and
(3) Payment of a new annual license fee as established by this ordinance.
(4) Compliance by the license transferee with any commitment and / or
representation made by the previous license holder(s) as part of its
application.

Section 10. Applicability

(a). The provisions of this ordinance shall be applicable to all persons and facilities or
establishments described herein, whether the operations or activities associated with a
marijuana facility were established without authorization before the effective date of this
ordinance.
Section 11. Prohibitions and Restrictions

(a). It is prohibited to produce, distribute, or possess marijuana in violation of any

applicable State Marijuana Acts or local ordinance.

(b). It is prohibited to allow the sale of consumption of any alcoholic beverages at

any marijuana facility or marijuana establishment.

(c). Only a Licensee may operate as a Marijuana Business within the City of
Highland Park. The Licensee must conspicuously display its State License and City License
in the Marijuana Business where it is easily open to public view.

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 (d). Only a Licensee may operate as a Marijuana Business within the City of
Highland Park. The Licensee must conspicuously display its State License and City License
in the Marijuana Business where it is easily open to public view.

(e). Any violation of any State Marijuana Law shall be deemed a violation of this
Ordinance.

Section 12. Penalties and Enforcement

(a). Any person who violates any of the provisions of this Ordinance shall be
responsible for a municipal civil infraction and subject to the payment of a civil fine of not
more than $500.00, plus costs. Each day a violation of this Ordinance continues to exist
constitutes a separate violation. A violator of this Ordinance shall also be subject to such
additional sanctions, remedies and judicial orders as are authorized under Michigan law.

(b). A violation of this Ordinance is deemed to be a nuisance per se. In addition to

any other remedy available at law, the City of Highland Park may bring an action for an
injunction or other process against a person to restrain, prevent, or abate any violation of this
Ordinance.

(c). This Ordinance shall be enforced and administered by the City or such other
City officials as may be designated from time to time by resolution of the City Council.

Section 13. Severability

(a). In the event that any one or more sections, provisions, phrases or words of this
Ordinance shall be found to be invalid by a court of competent jurisdiction, such holding shall
not affect the validity or the enforceability of the remaining sections, provisions, phrases or
words of this Ordinance.

Section 14. Effective Date

This Ordinance shall take effect thirty (30) days after first publication in accordance with
applicable law. Yeas (4), Nays (0), Absent (0).

***

MAYOR
10-05-20 VII a

The following resolution was submitted for approval.

RESOLUTION TO ACCEPT THE PUBLIC SAFETY AND PUBLIC HEALTH

PAYROLL REIMBURSEMENT (PSPHPR) PROGRAM AWARD

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Moved by Council Pro Tem Patrick
Supported by Councilmember Bates

WHEREAS, the CARES Act provided funding to the State of Michigan for eligible public
health and public safety non-budgeted payroll expenditures during the months of April and
May 2020 that are directly related to the coronavirus; and

WHEREAS, the City of Highland Park submitted an application to reimburse police and
fire overtime resulting from the coronavirus emergency in the amount of $49,972.23; and

WHEREAS, on September 22, 2020, the City was notified of an award of $24,986; and

WHEREAS, due to the overwhelming demand throughout the State of Michigan, the State
could only reimburse 50% of the amounts requested on all applications received; and

WHEREAS, the award is to be used to reimburse the general fund; and

NOW, THEREFORE, BE IT RESOLVED, that the City of Highland Park accepts the
Public Safety and Public Health Payroll Reimbursement (PSPHPR) Program award of
$24,986. Yeas (4), Nays (0), Absent (0).

10-05-20 VII b

The following resolution was submitted for approval.

RESOLUTION APPROVING AMENDED FY 2021 MUNICIPAL CREDIT AND

COMMUNITY CREDIT CONTRACT WITH SMART TRANSPORTATION

Moved by Council Pro Tem Patrick

Supported by Councilmember Armstrong

WHEREAS, SMART Transportation has provided transportation to and from designated

destinations for Highland Park seniors and the disabled; and,

WHEREAS, additionally, the SMART Board of Directors provided an increase to the

FY2021 Community Credit Program, which will be available to fund the upcoming year's
program; and

WHEREAS, the total amount of the amended contract is $40,778

NOW THEREFORE BE IT RESOLVED, that the City Council approves the amended
Transportation Service Agreement and Municipal Credit and Community Credit contracts
for FY 2021 to continue SMART Transportation services to the City's senior and disabled
residents. Yeas (4), Nays (0), Absent (0).

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POLICE
10-05-20 VIII

The following resolution was submitted for approval.

RESOLUTION TO APPROVE THE PURCHASE OF TWO POLICE VEHICLES FROM

JORGENSON FORD USING MIDEAL PRICING
AND
RESOLUTION TO SUBMIT AJAX PAVING CONTRACT TO CITY COUNCIL
IMMEDIATELY

Moved by Councilmember Bates

Supported by Council Pro Tem Patrick

WHEREAS, the Police Department seeks to replace its current aging fleet vehicles to assist
in: 1) the reduction of maintenance expenses, and 2) improved vehicle uptime; and

WHEREAS, the City Police Department requested a quote for 2021 Ford Police Interceptor
Utility Vehicles through the State of Michigan MiDeal program to obtain optimal pricing;
and

WHEREAS, Jorgensen Ford, 333 Michigan Avenue, Detroit, MI 48210 (the MiDeal Ford
dealer for Detroit) issued a quote for $35,866; and

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City approves the

purchase of two 2021 Ford Police Interceptor Utility Vehicles from Jorgensen Ford for
approximately $35,866 each (plus or minus 6%), plus expenses for registration, licensing,
etc. Yeas (4), Nays (0), Absent (0).

***

PUBLIC WORKS
10-05-20 IX

The following resolution was submitted for approval.

RESOLUTION TO REPAIR THE BACK PORCH AND SECURE THE HANDRAIL
BEHIND HIGHLAND PARK CITY HALL

Moved by Council Pro Tem Patrick

Supported by Councilmember Armstrong

WHEREAS, the City of Highland Park issued an RFP in 2019 to replace the back porch,
stairs and parking lot behind City Hall, however, the cost was prohibitive (up to
$155,000); and

WHEREAS, in 2020, the City approved a resolution to repair the driveway approach and

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potholes in the parking lot behind City Hall; and

WHEREAS, the porch and stairs have deteriorated to the point where it is dangerous for
employees to ingress/egress to/from the building; and

WHEREAS, a bid of $4,500 for repairing the back porch and securing the handrail was
solicited from Century Cement, the same contractor that repaired the parking lot and 69
sinkholes throughout the City; and

NOW, THEREFORE, BE IT RESOLVED that the City approves Century Cement

repairing the back porch behind City Hall and securing the handrail at a cost of $4500 plus or
minus 10%. Yeas (4), Nays (0), Absent (0).

***

ADJOURNMENT

Moved by Council Pro Tem Patrick

Supported by Councilmember Armstrong

To adjourn the meeting, motion carried, meeting adjourned at 9:25 p.m.

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 CERTIFICATE

I hereby certify that the attached is a copy of the minutes of the Virtual Regular Meeting
held the 5th day of October 2020 and that said minutes are available for public inspection at the
address designated on the posted public notice.

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