ALL INTERESTED PERSONS MAY ATTEND AND PARTICIPATE. PERSONS WITH DISABILITIES WHO NEED ASSISTANCE TO PARTICIPATE MAY CALL THE HUMAN RESOURCES OFFICE AT 779-5313. A 48-HOUR ADVANCE NOTICE IS NECESSARY FOR ACCOMMODATION. HEARING IMPAIRED INDIVIDUALS MAY CONTACT THE CITY VIA THE MICHIGAN RELAY CENTER FOR SPEECH & HEARING IMPAIRED: 1-800-649-3777.

Regular Meeting of the City Commission Monday, February 26, 2018

7:00 p.m.

AGENDA

CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATIONS AND PRESENTATIONS:

1. Presentation of Parks Resource Leadership Award to Chris Bundy. 2. Departmental Presentation by Mike Dunham of the Neighborhood Resource Unit

(NRU). ADDITIONS/ DELETIONS TO AGENDA: PUBLIC INPUT ON AGENDA ITEMS: RECEIPT OF PETITIONS AND COMMUNICATIONS:

3. City Manager report on pending items. 4. Correspondence received regarding Michigan Medical Marihuana Facility

Licensing Act (MMMFLA)-(2). 5. Minutes of the Traffic Control Committee (December). 6. Minutes of the Airport Advisory Board (January). 7. Minutes of the Tax Increment Finance Authority/Principal Shopping District

(TIFA/PSD)-(January).

CONSENT CALENDAR: DESIGNATED (*) ITEMS CITY COMMISSION MINUTES:

8. Approval of the minutes of the regular meeting held February 12, 2018. 9. Approval of the minutes of the special meeting held February 13, 2018.

PUBLIC HEARINGS: STAFF RECOMMENDATIONS AND REPORTS:

10. Bids and Quotations a. Mower and V-Plow b. Cab and Chassis Purchase

11. Introduce an ordinance to amend Title XV, Chapter 150, Section 150.02 of the Mount Pleasant City Code regarding private swimming pools and set a public hearing for March 12, 2018 on the same.

*

*

*

ALL INTERESTED PERSONS MAY ATTEND AND PARTICIPATE. PERSONS WITH DISABILITIES WHO NEED ASSISTANCE TO PARTICIPATE MAY CALL THE HUMAN RESOURCES OFFICE AT 779-5313. A 48-HOUR ADVANCE NOTICE IS NECESSARY FOR ACCOMMODATION. HEARING IMPAIRED INDIVIDUALS MAY CONTACT THE CITY VIA THE MICHIGAN RELAY CENTER FOR SPEECH & HEARING IMPAIRED: 1-800-649-3777.

City Commission Agenda February 26, 2018 Page 2

12. Consider resolution authorizing Michigan Department of Transportation (MDOT)

contract for the replacement of the AWOS ceilometer at the Mt. Pleasant Municipal Airport and appropriate budget amendment.

13. Consider resolutions #1 and #2 to commence the proceedings for special assessment, tentatively determine the necessity, and set a public hearing for March 12, 2018 regarding the necessity of Special Assessment District #1-18.

14. Consider resolution to amend the Central Business District (CBD) Tax Increment

Finance Authority (TIFA) plan to add fire safety grants as an eligible project.

15. Consider budget amendments within the Principal Shopping District budget.

16. Consider appointment to the Boards and Commissions as recommended by the Appointments Committee.

17. Approval of payrolls and warrants.

ANNOUNCEMENTS ON CITY-RELATED ISSUES AND NEW BUSINESS: PUBLIC COMMENT ON AGENDA AND NON-AGENDA ITEMS: RECESS: CLOSED SESSION: (None scheduled at this time) RECESS: WORK SESSION: (Conference Room A-upstairs)

18. Property maintenance/blight discussion. ADJOURNMENT:

*

*

*

COMMISSION LETTER #028-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: CITY MANAGER REPORT ON PENDING ITEMS This report on pending items reflects the preliminary prioritization received from the on-line survey and the discussion at the January 29, 2018 special meeting. 1. Task Related Issues:

SHORT DESCRIPTION OF TOPIC MEETING TOPIC WAS AGREED TO REQUESTED DUE DATE

STATUS AS OF 2.22.18

Burning Ordinance Staff to provide a report on recreational burning.

April 24 One year (April, 2018)

Swimming Pool Ordinance Staff to draft amendments based on current DEQ requirements and questions from Commissioners

October 9 By May, 2018 On this agenda

Economic Development Contracts Ensure ROI or metrics are gathered to show benefit received for MMDC and CMURC contracts

October Work Session 2018

2. Scheduled Tentatively Work Session Topics February 26-Property Maintenance/Blight Discussion March 12-Medical Marihuana-review full draft of ordinances March 26-Barriers that exist for infill/redevelopment Sidewalk snow removal April 9-Sidewalk snow removal Barriers that exist for infill/redevelopment April 23- Capital Improvement Plan (CIP)

3. Referred to Charter Committee in 2017 • City Commission Committee structure/ function and thorough review of Chapter 30

I

4. To come to City Commission when more information is available • MOA for Mt. Pleasant Center • Airport potential partners and potential agreement • Plans necessary for Redevelopment Ready Community Certification (public engagement plan, economic

development action plan, marketing plan, etc.) • Homeowner Loan and Emergency program-will look at MSHDA programs • Mt. Pleasant Center-process to determine preferred development plan before marketing • Economic Development Action plan update • Joint Township/City water improvements analysis-dependent on bid results • Dependent on community group pool feasibility results, may want to have further discussion • Review of fee proposals based on guidelines

5. Items staff will incorporate into agenda. • Purchasing Policy update • Alley paving reconstructions-estimated costs/storm drain impact before sending letters for special assessment

and City contribution of 30%- not needed

6. Not priority yet based on online survey will be revisited later-no time or resources being spent on yet- a. Items likely needing shorter discussion to give staff direction

• Rental Housing-additional inspections (mechanical, electrical and plumbing) for converted units • Building inspection – new fees and coordination of inspections with County • Dumpsters located in paved alleys • Indian Pines south entrance • Non-motorized plan-priority policies to focus on in 2018 • Potential ordinance change for single day trash pickup by neighborhood

b. Items likely needing longer discussion • Effectiveness of storm water ordinance • Police statistics –desired outcomes and uses • Rental Housing Inspections: frequency based on good inspections • Review of customer service survey instrument • Master Plan-desired outcomes and agreed upon process • Recreation Authority research discussion

COMMISSION LETTER #028-18 MEETING DATE: FEBRUARY 26, 2018 Page 2

• Sustainability goals • Incentives/strategy for owner-occupied conversions

Please note items that have changed since the last report are highlighted in yellow for easy reference.

COMMISSION LETTER #028-18 MEETING DATE: FEBRUARY 26, 2018 Page 3

-

CENTRAL MICHIGAN AssocIATION OF REALTORS® (El 111 S. LANSING STREET - MT. PLEASANT, Ml 48858 =

Phone 989/773-2564 • Fax 989/773-0193

REALTOR~

February 1, 2018

Nancy Ridley City of Mt. Pleasant 320 W. Broadway Mt. Pleasant, Ml 48858

Dear Miss Ridley,

Website: www.cmiar.com • E-Mail: office@cmiar.com EQUAL HOUSING OPPORTUNITY

nec1=1ven n FEB 1 2 2018 u BY-· ____ _

As the discussion continues regarding the benefits and detriments of medica l marijuana, our association's members will be working and watching in our community. Any decision to allow any usage will have an immediate and long-term effect on real estate and property owners.

With the city of Mt. Pleasant being poised to take an active vote on the issue of medical marijuana being produced and distributed within it's city limits, our association would like to impress upon you the importance of keeping a minimum of a 1,000-foot buffer zone between any marijuana production or distribution center and any public or private schools. Being in an industry that is ever reliant on continuing education, we feel that allowing such a controversial issue, with it's public as well as it's unintended imagery, has no place near an under-age learning institution.

Our local and national association stand for real property rights, while also respecting and recognizing

specific situations that would pose a risk for one or more parties.

Sincerely,

Julie Rush, President

REALTOR® - is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of the Association.

1

Subject: FW: Applicant Selection System: Vetting ProcessAttachments: Lansing Adopted Ordinance.pdf; Hazel Park Adopted Regulatory Ordinance.pdf; Niles

Request for Proposal.pdf

From: "Kristin Tencza" <kristintencza@wildbillstobacco.com> To: "Lents, Allison" <alents@mt-pleasant.org> Subject: Applicant Selection System: Vetting Process

Allison,

I greatly appreciate you taking the time to speak with me earlier today. Please read through this email reiterating our conversation earlier today in its entirety and send it to the other commissioners. I’ve included a brief overview of our company for the sole purpose of adequately informing the other commissioners in regard to who we are.

Wild Bill’s Overview

Wild Bill’s Tobacco is the largest tobacco retailer in the state with over 70+ locations and we are the 4th largest in the U.S. We are a law-abiding corporate citizen who does our due diligence and has expertise in operating under a heavily regulated industry (tobacco). We recently started our medical marihuana company—Oasis Wellness Centers and are looking to delve into the depths of another heavily regulated industry. We have been in contact with 250+ municipalities across the state inquiring in regard to action or the absence thereof under the guise of Public Act 281: Medical Marihuana Facilities Licensing Act (hereafter referred to as MMFLA). Members of our general legal counsel have analyzed draft ordinances across the state. We have sat in on work sessions and we have attended meetings with Shelley Edgerton and Andrew Brisbo at the Department of Licensing and Regulatory Affairs. We have personally assisted municipalities such as Lansing, Niles, Bangor Township and Sturgis with the drafting of their MMFLA ordinances. Wild Bill’s is a well established business and we plan to employ the same ethical business praxes within Oasis Wellness Centers. We are looking to be a big player in the new commercial medical marihuana industry and we have already been approved for our 320,000 square foot grow facility in Bangor Township which is a $20 million investment.

MMMA Mishap and MMFLA to the Rescue

Wild Bill’s pushes a very specific agenda when it comes to our involvement in the medical marihuana industry and we are not shy about it. We firmly believe that the MMFLA presents the perfect opportunity to regulate the activity pertaining to medical marihuana and that it presents the chance to remove the bad actors from the industry entirely. The purpose and legislative intent of the MMFLA is to provide a safe and regulated environment for patients to purchase their medicine and to allow market forces to drive illegal home growing operations out of the basements. The MMFLA takes a black market driven by unregulated basement operations and legitimizes it into a real and legal commercial market that will bring revenue to municipalities across the state per the established statute mandating a 3% marijuana excise tax on all provisioning centers operating within the confines of any given municipality. Patients will go to provisioning centers to obtain their medicine and caregivers who have been growing or harvesting illegally since the Michigan Medical Marihuana Act passed in 2008 will lose the funds to continue operating illegally. When illegally operating caregivers lose their funds they will no longer be able to supply black market dispensaries and the black market operations will close down.

Applicant Vetting Systems

What we push for more specifically is referred to as an applicant vetting system. We believe that any municipality who plans to opt-in or has opted-in under the guise of the MMFLA should put a hard cap on the number of provisioning center license types and facilities allowed within the municipality (we recommend 1 for approximately every 10,000 populace) and let the cream rise to the top so to speak. With an applicant vetting system, you could decide that you wish to allow for three provisioning centers

2

within your municipality and then heavily vet out the applicants based off of a particular criterion so as to ensure that the most qualified and wholesome operators are granted issuance of the licenses. We encourage the imposition of a well though-out, merit based selection system similar to the City of Lansing’s scoring system and rubric criterion (see sections 1300.5-1300.6), the City of Hazel Park’s vetting system (see sections 5.04.040-5.04.050), or the City of Niles request for proposal process (see attached). The Lansing rubric has a long list of criterion including but not limited to: lack of criminality, proof of legally acquired liquidity, patient education program, security plan, employee training plan along with job creation expectancy, drug and alcohol awareness program, proposed business and municipal investment plan, proposed promotional and marketing plan, charitable plans and strategies, communal outreach plan, presentation of financial structure, etc. The Hazel Park vetting system is less extensive and was crafted for a municipality of a smaller size in comparison to Lansing or Niles but it still allows them to select three operators based off of merit. While the Niles request for proposal process requires criterion similar to Lansing’s scoring system including: executive summary, relevant industry experience, proof of insurance, proposed building diagram, lack of criminality, full description of facility operational plans, full acknowledgement of facility to law enforcement, applicant licensure history, history of payment delinquency etc. The Niles request for proposal process is similar to what takes place when a liquor quota license becomes available due to expanding populace. In the event that a quota license is made available for issuance, the process that takes place for selection of a recipient to be granted issuance of the license is similar in nature to a business interview where each entity gets a chance to demonstrate how it would best serve the community if it were to be granted the license. If you wouldn’t implement a lottery system to select a seller of alcohol (a legal substance), then why would you utilize a lottery system to select a seller of a schedule 1 drug federally speaking? The Problem with Relying on Prequalification from LARA as a Vetting System LARA has made it clear they will not be doing any extensive vetting of applicants at the state level. LARA is simply seeking applications that are completed in their entirety, they do not have the time, resources, nor the man power to properly and heavily vet out applicants and this is something that they assume is taking place at the municipal level. LARA requires proof of lack of criminality and the minimum capitalization requirements. However, they do not consider other matters of importance such as business experience or expertise. There are people in the marijuana business who have committed criminal acts but have not been caught. Currently, there are a whole slew of dispensaries operating illegally in Detroit. These business owners are technically felons as they are not abiding by the state law but they have not been caught and prosecuted. Characters such as this are able to pass prequalification at the state level. Relying on LARA to regurgitate applicants to your municipality at random means that the municipality is at risk of licensing operators who have not adequately demonstrated their ability to be a good operator. LARA is going to randomly generate applications needing their rubber stamp of approval which is a process similar in nature to picking names out of a hat. This process takes 3-4 months in total and there is no specific order implemented throughout the process. If I turn my prequalification application in today and John Doe turns his in two weeks from now, he very well could receive his completed prequalification months before I receive mine. Putting careful aforethought into the applicant selection process is imperative because it essentially allows you to regulate the market within your municipality and the legislative intent of the MMFLA is to bring heavy regulation into fruition in order to fully stabilize the newly burgeoning medical marijuana market. Therefore, it is up to municipalities to take the reigns by carving out formal applicant expectations so as to ensure that only the right types of characters are spearheading this newly commercialized business. Importance of Applicant Selection Process The aforementioned applicant vetting systems allow each municipality to sift through applicants based on the quality of information they are able to demonstrate in their application, as well as the type of character they possess as individuals, and the ethical business praxes they employ within their entities and emphasize in their business or operational plans. Application process is crucial in terms of licensure because you have all different types of characters applying for licenses under the guise of the MMFLA. John Doe, a registered primary caregiver who has been illegally growing or harvesting in his basement for eight years see the MMFLA as an opportunity to legitimize his illegal business. He can obtain prequalification through LARA as well as demonstrate the bare minimum including a site plan, a business plan, a security plan etc. but the quality of those plans should be deliberated based on their merit or lack thereof. Highly qualified candidates are well able to demonstrate that they have sustained the wherewithal to run and manage a successful business. A lottery based system is unable to determine the most qualified applicant and will not provide ensurance that the most wholesome and qualified applicants

3

receive licensure, nor will it substantiate that the applicant selected is the one best able to contribute communally. Deciding to select applicants through a lottery puts a municipality at risk of licensing a faulty operator. Selecting an applicant at random by way of lottery system leaves licensure up to chance and does not mandate or necessitate that the most qualified applicants will be selected as operators. We have investors in California and we have seen how the lottery systems go. Hundreds, even thousands of people camp out in hopes of receiving a license. We saw bodyguards, fist fights, and even people paying thousands of dollars just for a better spot in line. We trust that this is not the kind of chaos you want to bring into your community. Ergo, we are huge proponents of the implementation of a merit based selection system when it comes to the issuance of medical marihuana licenses. I have attached two sample ordinances (Lansing and Hazel Park) that have been adopted and are in effect, as well as a request for proposal process (Niles) so that you may view the aforementioned applicant vetting systems. We’ve assisted these municipalities in creating applicant vetting systems and we firmly believe in their ability to entirely eradicate the bad actors from this industry. By implementing an applicant vetting system, a municipality has the power to alleviate stress as they are well aware of the quality, character and morale of the entities operating under a license within their jurisdiction. Should you have any questions, comments, concerns or wish to seek additional information please do not hesitate to give me a call. Best Regards, Kristin Tencza Wild Bill's Tobacco Communication Specialist 1100 W Maple Rd. Troy, MI 48084 (248) 647-9999 – Office Ext. 127 (810) 358-3127 - Cell kristintencza@wildbillstobacco.com www.wildbillstobacco.com Wild Bills Tobacco, PROPRIETARY & CONFIDENTIAL. Electronic Correspondence cannot be guaranteed to be secure, timely or error free. This is subject to change without notice and is intended only for employees, Licensees and/or affiliates. We do not take responsibility for acting on time-sensitive instructions sent by email. The information in this transmittal is confidential. Do not copy, provide, or otherwise disseminate. It is intended for the individual or entity named above. If you have received this email in error please contact the person identified above immediately and destroy this message.

1

CITY OF LANSING, MICHIGAN 1

ORDINANCE NO. 1217 2 3

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN TO REPLACE CHAPTER 1300 4

OF THE CITY OF LANSING CODIFIED ORDINANCES IN ITS ENTIRETY; TO PROVIDE 5 FOR THE REGULATION AND LICENSING OF MEDICAL MARIHUANA 6 ESTABLISHMENTS;TO ESTABLISH THE MAXIMUM NUMBER OF PROVISIONING 7 CENTERS AND TO ESTABLISH PROCEDURES FOR THE GRANTING OF LICENSES; 8 TO ESTABLISH OPERATIONAL, LAND USE, AND ZONING REQUIREMENTS, AND 9

STANDARDS ATTENDANT THERETO; TO PROTECT THE PUBLIC HEALTH, SAFETY, 10 AND WELFARE OF THE CITY OF LANSING AND ITS NEIGHBORHOODS; TO 11 ESTABLISH ECONOMIC DEVELOPMENT, JOB TRAINING, AND JOB CREATION 12 PURPOSES RELATED TO MEDICAL MARIHUANA ESTABLISHMENTS; TO 13

ESTABLISH A MEDICAL MARIHUANA COMMISSION; TO PROVIDE AN APPEAL 14 PROCESS FOR LICENSE DENIAL OR REVOCATION; TO SET LICENSING FEES FOR 15

THE PURPOSE OF DEFRAYING THE COSTS ASSOCIATED WITH THE 16 IMPLEMENTATION AND ENFORCEMENT OF THE PROVISIONS OF THIS CHAPTER; 17

TO DECLARE CERTAIN ACTIVITIES IN THIS CHAPTER AS PUBLIC NUISANCES; TO 18 DECLARE THIS CHAPTER TO BE FOR A PUBLIC PURPOSE; AND TO PROVIDE 19 PENALTIES FOR VIOLATIONS OF THIS CHAPTER. 20

21 THE CITY OF LANSING ORDAINS: 22

23 SECTION ONE. Chapter 1300 of the Lansing Code of Ordinances is hereby replaced in 24

its entirety to read as follows: 25

26 1300.1 Legislative Intent. 27 1300.2 Definitions, Interpretation and Conflicts. 28 1300.3 Establishment of the Medical Marihuana Commission; Membership; Chairperson; 29

Meetings. 30 1300.4 Operation without License Prohibited. 31 1300.5 License Application Submission. 32

1300.6 License Application Evaluation. 33 1300.7 License Renewal Application. 34

1300.8 Licenses Generally. 35 1300.9 Minimum Operational Standards of A Medical Marihuana Provisioning Center. 36 1300.10 Minimum Operational Standards of A Medical Marihuana Grower Facility. 37 1300.11 Minimum Operational Standards of A Medical Marihuana Safety Compliance 38

Facility. 39

1300.12 Minimum Operational Standards of A Medical Marihuana Processor Facility and 40 a Medical Marihuana Secure Transporter. 41

1300.13 Location of Medical Marihuana Provisioning Centers. 42 1300.14 Location of Medical Marihuana Safety Compliance Facilities, Medical Marihuana 43

Processor Facilities, Medical Marihuana Grower Facilities, and Medical 44 Marihuana Secure Transporters. 45

1300.15 Revocation; Bases for Revocation; Appeal of License Denial. 46

2

1300.16 Penalties; Temporary Suspension of License 1

1300.17 No Vested Rights. 2 1300.18 Zoning Board of Appeals. 3 1300.19 Sunset. 4

5

1300.1 – LEGISLATIVE INTENT. 6 7 THE PURPOSE OF THIS CHAPTER IS TO EXERCISE THE POLICE, REGULATORY, 8 AND LAND USE POWERS OF THE CITY OF LANSING BY LICENSING AND 9

REGULATING MEDICAL MARIHUANA PROVISIONING CENTERS, MEDICAL 10 MARIHUANA GROWER FACILITIES, MEDICAL MARIHUANA SAFETY COMPLIANCE 11 FACILITIES, MEDICAL MARIHUANA SECURE TRANSPORTERS, AND MEDICAL 12 MARIHUANA PROCESSOR FACILITIES TO THE EXTENT PERMISSIBLE UNDER 13

STATE OF MICHIGAN AND FEDERAL LAWS AND REGULATIONS AND TO PROTECT 14 THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY 15

OF LANSING; AND AS SUCH THIS CHAPTER CONSTITUTES A PUBLIC PURPOSE. 16

17 THE CITY FINDS THAT THE ACTIVITIES DESCRIBED IN THIS CHAPTER ARE 18 SIGNIFICANTLY CONNECTED TO THE PUBLIC HEALTH, SAFETY, SECURITY, AND 19 WELFARE OF ITS CITIZENS AND IT IS THEREFORE NECESSARY TO REGULATE 20

AND ENFORCE SAFETY, SECURITY, FIRE, POLICE, HEALTH AND SANITATION 21 PRACTICES RELATED TO SUCH ACTIVITIES AND ALSO TO PROVIDE A METHOD TO 22

DEFRAY ADMINISTRATIVE COSTS INCURRED BY SUCH REGULATION AND 23 ENFORCEMENT. 24 25

THE CITY FURTHER FINDS AND DECLARES THAT ECONOMIC DEVELOPMENT, 26

INCLUDING JOB CREATION AND TRAINING, AND THE PROTECTION OF THE 27 PUBLIC HEALTH, SAFETY, AND WELFARE OF CITY NEIGHBORHOODS AND 28 RESIDENTS ARE PUBLIC PURPOSES. 29

30 EXCEPT AS MAY BE REQUIRED OR PERMITTED BY LAW OR REGULATION, IT IS 31

NOT THE INTENT OF THIS CHAPTER TO DIMINISH, ABROGATE, OR RESTRICT THE 32 PROTECTIONS FOR MEDICAL USE OF MARIHUANA FOUND IN THE MICHIGAN 33

MEDICAL MARIHUANA ACT, THE MEDICAL MARIHUANA FACILITIES 34 LICENSING ACT OR SECTION 8-501 OF THE LANSING CITY CHARTER. 35

36

1300.2 – DEFINITIONS, INTERPRETATION AND CONFLICTS. 37 38

FOR THE PURPOSES OF THIS CHAPTER: 39 40

(A) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 41 333.26421 ET SEQ., AS AMENDED (“MMMA”), THE MEDICAL MARIHUANA 42 FACILITIES LICENSING ACT, MCL 333.2701, ET SEQ. (MMFLA) SHALL HAVE 43 THE DEFINITION GIVEN IN THOSE ACTS, AS AMENDED, AND THE 44 MARIHUANA TRACKING ACT (“MTA”), MCL333.27901, ET SEQ. IF THE 45 DEFINITION OF A WORD OR PHRASE SET FORTH IN THIS CHAPTER 46

3

CONFLICTS WITH THE DEFINITION IN THE MMMA, MMFLA OR MTA, OR IF A 1

TERM IS NOT DEFINED BUT IS DEFINED IN THE MMMA, MMFLA OR MTA, 2 THEN THE DEFINITION IN THE MMMA, MMFLA, OR MTA SHALL APPLY. 3

4

(B) ANY TERM DEFINED BY 21 USC 860(E) REFERENCED IN THIS CHAPTER 5 SHALL HAVE THE DEFINITION GIVEN BY 21 USC 860(E). 6

7 (C) THIS ORDINANCE SHALL NOT LIMIT AN INDIVIDUAL’S OR ENTITY’S 8

RIGHTS UNDER THE MMMA, MMFLA OR MTA AND THESEACTS SUPERSEDE 9

THIS ORDINANCE WHERE THERE IS A CONFLICT BETWEEN THEM AND THE 10 IMMUNITIES AND PROTECTIONS ESTABLISHED IN THE MMMA UNLESS 11 SUPERSEDED OR PREEMPTED BY THE MMFLA. 12

13

(D) ALL ACTIVITIES RELATED TO MEDICAL MARIHUANA, INCLUDING THOSE 14 RELATED TO A MEDICAL MARIHUANA PROVISIONING CENTER, A MEDICAL 15

MARIHUANA GROWER FACILITY, A MEDICAL MARIHUANA SECURE 16 TRANSPORTER, A MEDICAL MARIHUANA PROCESSOR OR A MEDICAL 17

MARIHUANA SAFETY COMPLIANCE FACILITY SHALL BE IN COMPLIANCE 18 WITH THE RULES OF THE MEDICAL MARIHUANA LICENSING BOARD, THE 19 RULES OF THE MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY 20

AFFAIRS, OR ANY SUCCESSOR AGENCY, THE RULES AND REGULATIONS OF 21 THE CITY OF LANSING, THE MMMA, MMFLA AND THE MTA. 22

23 (E) ANY USE WHICH PURPORTS TO HAVE ENGAGED IN THE CULTIVATION OR 24

PROCESSING OF MEDICAL MARIHUANA INTO A USABLE FORM, OR THE 25

DISTRIBUTION OF MEDICAL MARIHUANA, OR THE TESTING OF MEDICAL 26

MARIHUANA EITHER PRIOR TO OR AFTER ENACTMENT OF THIS CHAPTER 27 WITHOUT OBTAINING THE REQUIRED LICENSING SET FORTH IN THIS 28 CHAPTER SHALL BE DEEMED TO BE AN ILLEGALLY ESTABLISHED USE 29

AND THEREFORE NOT ENTITLED TO LEGAL NONCONFORMING STATUS 30 UNDER THE PROVISIONS OF THIS CHAPTER, AND/OR STATE LAW. THE CITY 31

FINDS AND DETERMINES THAT IT HAS NOT HERETOFORE AUTHORIZED OR 32 LICENSED THE EXISTENCE OF ANY MEDICAL MARIHUANA 33

ESTABLISHMENT, AS DEFINED HEREIN, IN THE CITY IN AND UNDER ANY 34 FORM WHATSOEVER. ANY LICENSE GRANTED PURSUANT TO THIS 35 CHAPTER SHALL BE EXCLUSIVE TO THE LICENSEE, IS A REVOCABLE 36 PRIVILEGE, AND IS NOT INTENDED TO, NOR SHALL IT, CREATE A 37 PROPERTY RIGHT. GRANTING A LICENSE DOES NOT CREATE OR VEST ANY 38

RIGHT, TITLE, FRANCHISE, OR OTHER PROPERTY RIGHT. 39 40

(F) THE FOLLOWING TERMS SHALL HAVE THE DEFINITIONS GIVEN: 41 42 “APPLICATION” MEANS AN APPLICATION FOR A LICENSE PURSUANT TO THE 43

TERMS AND CONDITIONS SET FORTH IN SECTIONS 1300.5 AND 1300.6. 44 45

4

“APPLICATION FOR A LICENSE RENEWAL” MEANS AN APPLICATION FOR A 1

LICENSE RENEWAL PURSUANT TO THE TERMS AND CONDITIONS OF SECTION 2 1300.7. 3

4

“BUFFERED USE” MEANS A USE SUBJECT TO THE BUFFERING AND 5 DISPERSION REQUIREMENTS OF SECTIONS 1300.13 (A) AND 1300.13 (D). 6

7 “BUILDING” MEANS AN INDEPENDENT, ENCLOSED STRUCTURE HAVING A 8

ROOF SUPPORTED BY COLUMNS OR WALLS, INTENDED AND/OR USED FOR 9

SHELTER OR ENCLOSURE OF PERSONS OR CHATTELS. WHEN ANY PORTION OF A 10 STRUCTURE IS COMPLETELY SEPARATED FROM EVERY OTHER PART BY 11 DIVIDING WALLS FROM THE GROUND UP, AND WITHOUT OPENINGS, EACH 12 PORTION OF SUCH STRUCTURE SHALL BE DEEMED A SEPARATE STRUCTURE, 13

REGARDLESS OF WHETHER THE PORTIONS OF SUCH STRUCTURE SHARE 14 COMMON PIPES, DUCTS, BOILERS, TANKS, FURNACES, OR OTHER SUCH SYSTEMS. 15

THIS DEFINITION REFERS ONLY TO PERMANENT STRUCTURES, AND DOES NOT 16 INCLUDE TENTS, SHEDS, GREENHOUSES AND PRIVATE GARAGES ON 17

RESIDENTIAL PROPERTY, STABLES, OR OTHER ACCESSORY STRUCTURES NOT IN 18 COMPLIANCE WITH MMMA. A BUILDING DOES NOT INCLUDE SUCH STRUCTURES 19 WITH INTERIOR AREAS NOT NORMALLY ACCESSIBLE FOR HUMAN USE, SUCH AS 20

GAS HOLDERS, TANKS, SMOKE STACKS, GRAIN ELEVATORS, COAL BUNKERS, OIL 21 CRACKING TOWERS OR SIMILAR STRUCTURES. 22

23 “CHAPTER” MEANS THIS CHAPTER 1300. 24 25

“CHURCH” MEANS AN ENTIRE BUILDING SET APART PRIMARILY FOR 26

PURPOSES OF PUBLIC WORSHIP, AND WHICH IS TAX EXEMPT UNDER THE LAWS 27 OF THIS STATE, AND IN WHICH RELIGIOUS SERVICES ARE HELD, AND THE 28 ENTIRE BUILDING STRUCTURE OF WHICH IS KEPT FOR THAT USE AND NOT PUT 29

TO ANY OTHER USE INCONSISTENT WITH THAT USE. 30 31

“CITY” MEANS THE CITY OF LANSING, MICHIGAN. 32 33

“COUNCIL OR CITY COUNCIL,” MEANS THE CITY COUNCIL OF LANSING, 34 MICHIGAN. 35

36 “CLERK” SHALL MEAN THE CITY CLERK OF LANSING, MICHIGAN. 37 38

“CULTIVATION” OR “CULTIVATE” AS USED IN THIS CHAPTER MEANS: (1) ALL 39 PHASES OF GROWTH OF MARIHUANA FROM SEED TO HARVEST, AND DRYING 40

TRIMMING, AND CURING ; (2) PREPARING, PACKAGING OR REPACKAGING, 41 LABELING, OR RELABELING OF ANY FORM OF MARIHUANA. 42

43 “DISQUALIFYING FELONY” MEANS A FELONY THAT MAKES AN INDIVIDUAL 44

INELIGIBLE TO SERVE AS A REGISTERED PRIMARY CAREGIVER UNDER THE 45 MMMA, MMFLA OR MTA. 46

5

1

“EMPLOYEE” MEANS ANY INDIVIDUAL WHO IS EMPLOYED BY AN EMPLOYER 2 IN RETURN FOR THE PAYMENT OF DIRECT OR INDIRECT MONETARY WAGES OR 3 PROFIT, UNDER CONTRACT, AND ANY INDIVIDUAL WHO VOLUNTEERS HIS OR 4

HER SERVICES TO AN EMPLOYER FOR NO MONETARY COMPENSATION, OR ANY 5 INDIVIDUAL WHO PERFORMS WORK OR RENDERS SERVICES, FOR ANY PERIOD 6 OF TIME, AT THE DIRECTION OF AN OWNER, LESSEE, OF OTHER PERSON IN 7 CHARGE OF A PLACE. 8

9

“LICENSE” OR “MEDICAL MARIHUANA BUSINESS LICENSE” MEANS A LICENSE 10 ISSUED FOR THE OPERATION OF A MEDICAL MARIHUANA ESTABLISHMENT 11 PURSUANT TO THE TERMS AND CONDITIONS OF THIS CHAPTER AND INCLUDES A 12 LICENSE WHICH HAS BEEN RENEWED PURSUANT TO SECTION 1300.7. 13

14 “LICENSE APPLICATION” MEANS AN APPLICATION SUBMITTED FOR A 15

LICENSE PURSUANT TO THE REQUIREMENTS AND PROCEDURES SET FORTH IN 16 SECTIONS 1300.5 AND 1300.6. 17

18 “LICENSEE” MEANS A PERSON ISSUED A LICENSE FOR AN ESTABLISHMENT 19

PURSUANT TO THIS CHAPTER. 20

21 “MARIHUANA” MEANS ALL PARTS OF THE PLANT CANNABIS SATIVA L., 22

GROWING OR NOT; THE SEEDS OF THE PLANT; THE RESIN EXTRACTED FROM 23 ANY PART OF THE PLANT; AND EVERY COMPOUND, MANUFACTURE, SALT, 24 DERIVATIVE, MIXTURE, OR PREPARATIONS OF THE PLANT OR ITS SEEDS OR 25 RESIN. 26

MARIHUANA DOES NOT INCLUDE: 27 1. THE MATURE STALKS OF THE PLANT; 28 2. FIBER PRODUCED FROM THE STALKS, OIL OR CAKE MADE FROM 29

THE SEEDS OF THE PLANT; 30 3. ANY OTHER COMPOUND, MANUFACTURE, SALT, DERIVATIVE, 31

MIXTURE, OR PREPARATION OF THE MATURE STALKS, (EXCEPT THE 32 RESIN EXTRACTED FROM THOSE STALKS, FIBER, OIL OR CAKE); OR 33

4. ANY STERILIZED SEED OF THE PLANT THAT IS INCAPABLE OF 34 GERMINATION; OR 35

5. INDUSTRIAL HEMP GROWN OR CULTIVATED OR BOTH FOR 36 RESEARCH, PURPOSES UNDER THE INDUSTRIAL HEMP RESEARCH 37 ACT. 38

39 “MARIHUANA-INFUSED PRODUCT” MEANS A TOPICAL FORMULATION, 40

TINCTURE , BEVERAGE, EDIBLE SUBSTANCE, OR SIMILAR PRODUCT 41 CONTAINING ANY USABLE MARIHUANA THAT IS INTENDED FOR HUMAN 42 CONSUMPTION IN A MANNER OTHER THAN SMOKE INHALATION. 43 MARIHUANA-INFUSED PRODUCT SHALL NOT BE CONSIDERED A FOOD FOR 44 PURPOSE OF THE FOOD LAW, 2000 PA 92, MCL 289.1101 TO 289.8111. 45

46 “MARIHUANA TRACKING ACT” OR “MTA” MEANS PUBLIC ACT 282 OF 2016 47

.M.C.L. 333.27901, ET. SEQ. 48

6

1

“MEDICAL MARIHUANA” MEANS ANY MARIHUANA INTENDED FOR MEDICAL 2 USE THAT MEETS ALL DESCRIPTIONS AND REQUIREMENTS FOR MEDICAL 3 MARIHUANA CONTAINED IN THE MMMA, MMFLA AND THE MTA AND ANY 4

OTHER APPLICABLE LAW. 5 6 “MEDICAL MARIHUANA COMMISSION” OR “COMMISSION” MEANS THE 7

MEDICAL MARIHUANA COMMISSION ESTABLISHED UNDER SECTION 1300.3 8 OF THIS CHAPTER. 9

10 “MEDICAL MARIHUANA FACILITIES LICENSING ACT” OR “MMFLA” MEANS 11

PUBLIC ACT 281 OF 2016, MCL 333.27101, ET. SEQ. 12

13

“MEDICAL MARIHUANA ESTABLISHMENT(S), OR, “ESTABLISHMENT,” MEANS 14

ANY FACILITY, ESTABLISHMENT AND/OR CENTER THAT IS REQUIRED TO BE 15 LICENSED UNDER THIS CHAPTER AND POSSESSES A LICENSE OR APPROVAL TO 16 OPERATE UNDER THE MMFLA, INCLUDING: A MEDICAL MARIHUANA 17 PROVISIONING CENTER, A MEDICAL MARIHUANA GROWER FACILITY; A 18

MEDICAL MARIHUANA PROCESSOR FACILITY; A MEDICAL MARIHUANA SECURE 19 TRANSPORTER; AND A MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY. 20

21 “MEDICAL MARIHUANA GROWER FACILITY,” MEANS A COMMERCIAL OR 22

BUSINESS ENTITY LOCATED IN THE CITY THAT IS LICENSED OR APPROVED TO 23

OPERATE BY THE STATE PURSUANT TO THE MMFLA AND IS LICENSED BY THE 24 CITY PURSUANT TO TERMS AND CONDITIONS OF THIS CHAPTER THAT 25

CULTIVATES, DRIES, TRIMS OR CURES AND PACKAGES MARIHUANA IN 26

ACCORDANCE WITH STATE LAW. 27

28 “MEDICAL MARIHUANA LICENSING BOARD” MEANS THE STATE BOARD 29

ESTABLISHED PURSUANT TO THE MMFLA. 30 31 “MEDICAL MARIHUANA PROVISIONING CENTER,” MEANS A COMMERCIAL OR 32

BUSINESS ENTITY LOCATED IN THE CITY THAT IS LICENSED OR APPROVED TO 33 OPERATE BY THE STATE PURSUANT TO THE MMFLA AND IS LICENSED BY THE 34 CITY PURSUANT TO THE TERMS AND CONDITIONS OF THIS CHAPTER, THAT 35 SELLS, SUPPLIES, OR PROVIDES MARIHUANA TO REGISTERED QUALIFYING 36

PATIENTS ONLY AS PERMITTED BY STATE LAW. MEDICAL MARIHUANA 37 PROVISIONING CENTER, AS DEFINED IN THE MMMA, MMFLA AND MTA, 38 INCLUDES ANY COMMERCIAL PROPERTY OR BUSINESS WHERE MARIHUANA IS 39

SOLD IN CONFORMANCE WITH STATE LAW AND REGULATION. A 40 NONCOMMERCIAL OR NONBUSINESS LOCATION USED BY A PRIMARY 41 CAREGIVER TO ASSIST A QUALIFYING PATIENT, AS DEFINED IN THE MMMA, 42 MMFLA OR MTA CONNECTED TO THE CAREGIVER THROUGH THE STATE’S 43

MARIHUANA REGISTRATION PROCESS IN ACCORDANCE WITH THE MMMA, 44 MMFLA OR MTA IS NOT A MEDICAL MARIHUANA PROVISIONING CENTER FOR 45 PURPOSES OF THIS CHAPTER. 46

7

1

“MMFLA” MEANS THE MEDICAL MARIHUANA FACILITIES LICENSING ACT, 2 MCL 333.2701, ET.SEQ. AS AMENDED FROM TIME TO TIME. 3

4

“MMMA” MEANS THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 5 ET.SEQ AS AMENDED FROM TIME TO TIME. 6

7 “MTA” MEANS THE MARIHUANA TRACKING ACT, MCL 333.27901, ET. SEQ. AS 8

AMENDED FROM TIME TO TIME. 9

10 “ORDINANCE” MEANS THE ORDINANCE ADOPTING THIS CHAPTER 1300. 11 12 “PARK” MEANS AN AREA OF LAND DESIGNATED BY THE CITY AS A PARK ON 13

ITS MASTER PLAN OR ON A COUNCIL-APPROVED LIST OF CITY PARKS. 14 15

“PERSON” MEANS AN INDIVIDUAL, PARTNERSHIP, FIRM, COMPANY, 16 CORPORATION, ASSOCIATION, SOLE PROPRIETORSHIP, LIMITED LIABILITY 17

COMPANY, JOINT VENTURE, ESTATE, TRUST, OR OTHER LEGAL ENTITY. 18 19 “PROCESSOR” OR “MEDICAL MARIHUANA PROCESSOR FACILITY” MEANS A 20

COMMERCIAL ENTITY LOCATED IN THIS CITY THAT IS LICENSED OR APPROVED 21 TO OPERATE BY THE STATE PURSUANT TO THE MMFLA AND IS LICENSED BY THE 22

CITY PURSUANT TO THE TERMS AND CONDITIONS OF THIS CHAPTER, THAT 23 EXTRACTS RESIN FROM THE MARIHUANA OR CREATES A MARIHUANA-INFUSED 24 PRODUCT, TO THE EXTENT PERMITTED BY STATE LAW.” 25

26 “PUBLIC PLAYGROUND EQUIPMENT” MEANS AN OUTDOOR FACILITY, 27

GROUPING, OR CONCENTRATION OPEN TO THE PUBLIC AND ON PUBLIC 28 PROPERTY AND CONTAINING THREE OR MORE APPARATUS, INCLUDING, BUT 29 NOT LIMITED TO, SLIDES, CLIMBERS, SEESAWS, AND SWINGS, DESIGNED 30 FOR THE RECREATIONAL USE OF CHILDREN AND OWNED AND OPERATED BY 31 A LOCAL UNIT OF GOVERNMENT, SCHOOL DISTRICT, OR OTHER UNIT OR 32 AGENCY OF GOVERNMENT. 33

34 “RESTRICTED/LIMITED ACCESS AREA” MEANS A BUILDING, ROOM OR OTHER 35

AREA UNDER THE CONTROL OF THE LICENSEE WITH ACCESS GOVERNED BY THE 36 MMMA, THE MMFLA, THE MTA OR OTHER APPLICABLE STATE LAW. 37

38 “SAFETY COMPLIANCE FACILITY” OR “MEDICAL MARIHUANA SAFETY 39

COMPLIANCE FACILITY” MEANS A COMMERCIAL OR BUSINESS ENTITY LOCATED 40 IN THE CITY THAT IS LICENSED OR APPROVED TO OPERATE BY THE STATE 41 PURSUANT TO THE MMFLA AND IS LICENSED BY THE CITY PURSUANT TO THE 42 TERMS AND CONDITIONS OF THIS CHAPTER, THAT RECEIVES MARIHUANA FROM 43 A MEDICAL MARIHUANA ESTABLISHMENT OR A REGISTERED QUALIFYING 44 PATIENT OR A REGISTERED PRIMARY CAREGIVER, TESTS IT FOR 45 CONTAMINANTS AND FOR TETRAHYDROCANNABINOL AND OTHER 46 CANNABINOIDS IN ACCORDANCE WITH STATE LAW. 47

8

1

“SCHOOL” MEANS AND INCLUDES BUILDINGS USED FOR SCHOOL PURPOSES 2 TO PROVIDE INSTRUCTION TO CHILDREN AND YOUTH IN GRADES PRE-3 KINDERGARTEN THROUGH 12, AND HEADSTART WHEN THAT INSTRUCTION IS 4

PROVIDED BY A PUBLIC, PRIVATE, DENOMINATIONAL, OR PAROCHIAL SCHOOL. 5 6 “SECURE TRANSPORTER” OR “MEDICAL MARIHUANA SECURE TRANSPORTER” 7

MEANS A COMMERCIAL OR BUSINESS ENTITY THAT IS LICENSED OR APPROVED 8 TO OPERATE BY THE STATE PURSUANT TO THE MMFLA AND IS LICENSED TO 9

OPERATE BY THE CITY PURSUANT TO THE TERMS AND CONDITIONS OF THIS 10 CHAPTER, THAT STORES MARIHUANA AND TRANSPORTS MARIHUANA BETWEEN 11 MEDICAL MARIHUANA FACILITIES FOR A FEE AND IN ACCORDANCE WITH STATE 12 LAW. 13

14 “STAKEHOLDER” MEANS, WITH RESPECT TO A TRUST, THE TRUSTEE AND 15

BENEFICIARIES; WITH RESPECT TO A LIMITED LIABILITY COMPANY, THE 16 MANAGERS AND MEMBERS; WITH RESPECT TO A CORPORATION, WHETHER 17

PROFIT OR NON-PROFIT, THE OFFICERS, DIRECTORS, OR SHAREHOLDERS; AND 18 WITH RESPECT TO A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, THE 19 PARTNERS, BOTH GENERAL AND LIMITED. 20

21 “STATE” MEANS THE STATE OF MICHIGAN. 22

23 (G) ANY TERM DEFINED BY THE MMMA, THE MMFLA, OR THE MTA AND NOT 24

DEFINED IN THIS CHAPTER SHALL HAVE THE DEFINITION GIVEN IN THE MMMA, 25

MMFLA, OR MTA, AS APPLICABLE. 26

1300.3 – ESTABLISHMENT OF THE MEDICAL MARIHUANA COMMISSION; 27 MEMBERSHIP; CHAIRPERSON; MEETINGS 28

29 (A) THE MEDICAL MARIHUANA COMMISSION IS HEREBY ESTABLISHED. THE 30

COMMISSION SHALL CONSIST OF FIVE (5) MEMBERS, WHO SHALL BE 31

APPOINTED BY THE MAYOR WITH THE CONSENT OF CITY COUNCIL. 32 MEMBERS SHALL SERVE FOR TERMS OF OFFICE OF THREE (3) YEARS. FOR 33 THE INITIAL APPOINTMENTS TO THE COMMISSION, ONE MEMBER SHALL 34 SERVE FOR A TERM OF ONE (1) YEAR, TWO MEMBERS SHALL SERVE FOR A 35 TERM OF TWO (2) YEARS, AND TWO MEMBERS SHALL SERVE FOR A TERM 36

OF THREE YEARS. 37

38

(B) THE MEMBERS OF THE COMMISSION SHALL INCLUDE THE FOLLOWING: 39 40 (1) FOUR (4) MEMBERS, ONE FROM EACH WARD OF THE CITY; 41

MEMBER RECOMMENDATIONS MAY BE MADE TO THE 42 MAYOR BY THE COUNCIL PERSON IN EACH WARD; 43

44

9

(2) ONE (1) AT LARGE MEMBER WHO IS A RESIDENT OF THE CITY. 1

MEMBER RECOMMENDATIONS MAY BE MADE TO THE MAYOR BY 2 THE AT- LARGE COUNCIL PERSONS. 3

4

(3) EACH MEMBER SHALL BE A RESIDENT OF THE CITY. 5 6

(C) THE CHAIRPERSON OF THE COMMISSION SHALL BE ELECTED ANNUALLY 7 BY A MAJORITY VOTE OF THE MEMBERS OF THE COMMISSION. THE 8 COMMISSION MAY MEET AT SUCH TIMES AS THE COMMISSION MAY 9

DETERMINE OR AS OTHERWISE REQUIRED IN THIS CHAPTER. THE 10 COMMISSION SHALL ADOPT AND FILE ITS OWN RULES OF PROCEDURE IN 11 ACCORDANCE WITH THE PROCEDURES SET FORTH IN SECTION 5-105 OF 12 THE LANSING CITY CHARTER. THE COMMISSION SHALL MAINTAIN A 13

WRITTEN RECORD OF ITS PROCEEDINGS AND ACTIONS WHICH SHALL BE 14 AVAILABLE FOR PUBLIC INSPECTION, SHOWING THE ACTION OF THE 15

COMMISSION AND THE VOTE OF EACH MEMBER UPON EACH QUESTION 16 CONSIDERED. ALL MEETINGS OF THE COMMISSION SHALL BE HELD IN 17

CONFORMANCE WITH THE MICHIGAN OPEN MEETINGS ACT, 1976 PA 267, 18 MCL 15.261 ET SEQ. THE PHYSICAL PRESENCE OF THREE (3) MEMBERS 19 SHALL CONSTITUTE A QUORUM FOR COMMISSION MEETINGS. A 20

MAJORITY VOTE OF MEMBERS PHYSICALLY PRESENT AT A DULY 21 CONVENED MEETING OF THE COMMISSION, A QUORUM BEING PRESENT, 22

SHALL BE NECESSARY FOR ANY ACTION. ELECTRONIC OR TELEPHONIC 23 PRESENCE SHALL NOT CONSTITUTE PHYSICAL PRESENCE; NOR SHALL 24 ANY SUCH MEANS BE UTILIZED FOR VOTING OR DECISION MAKING 25

PURPOSES. 26

27 (D) NO VOTING MEMBER OF THE COMMISSION SHALL HOLD ANY OTHER 28

PUBLIC OFFICE OR PUBLIC EMPLOYMENT IN ANY LOCAL UNIT OF 29

GOVERNMENT SUPPORTED BY LANSING PROPERTY TAXES IN WHOLE 30 OR IN PART. NO MEMBER OF THE COMMISSION SHALL HAVE ANY 31

DIRECT FINANCIAL INTEREST IN A MEDICAL MARIHUANA 32 ESTABLISHMENT. 33

34 (E) THE COMMISSION SHALL REVIEW AND DECIDE ALL APPEALS THAT ARE 35

FORWARDED TO IT BY THE CITY CLERK UNDER THIS CHAPTER. THE 36 COMMISSION’S REVIEW OF AN APPEAL SHALL NOT BE DE NOVO. THE 37 COMMISSION SHALL ONLY OVERTURN, OR MODIFY, A DECISION OR 38

FINDING OF THE CLERK IF IT FINDS SUCH DECISION OR FINDING TO BE 39 ARBITRARY OR CAPRICIOUS AND NOT SUPPORTED BY MATERIAL, 40

SUBSTANTIAL, AND COMPETENT FACTS ON THE WHOLE RECORD 41 CONSIDERED BY THE CLERK IN ARRIVING AT SUCH DECISION OR 42 FINDING. 43

44

10

(F) THE COMMISSION MAY PROPOSE CHANGES TO THIS CHAPTER TO THE 1

CITY COUNCIL AND MAY RECOMMEND RULES AND REGULATIONS 2 RELATED TO THIS CHAPTER FOR COUNCIL APPROVAL. 3

4

(G) THE CHIEF OF POLICE (OR A DESIGNEE), THE CHIEF OF THE FIRE 5 DEPARTMENT (OR A DESIGNEE) AND THE DIRECTOR OF PLANNING AND 6 NEIGHBORHOOD DEVELOPMENT (OR A DESIGNEE) SHALL SERVE AND 7 ADVISE THE COMMISSION IN AN EX OFFICIO NON-VOTING CAPACITY. 8

9 1300.4 – OPERATION WITHOUT LICENSE PROHIBITED. 10 11

(A) EVERY MEDICAL MARIHUANA ESTABLISHMENT IN THE CITY OF LANSING 12 SHALL BE LICENSED PURSUANT TO THE TERMS AND PROVISIONS SET FORTH 13

IN THIS CHAPTER. NO PERSON SHALL OPERATE A MEDICAL MARIHUANA 14

ESTABLISHMENT IN THE CITY WITHOUT FIRST OBTAINING A LICENSE FOR 15 THE MEDICAL MARIHUANA ESTABLISHMENT FROM THE CITY CLERK. A 16 MEDICAL MARIHUANA ESTABLISHMENT OPERATING WITHOUT A LICENSE 17 UNDER THE PROVISIONS OF THIS CHAPTER OR WITHOUT A STATE LICENSE OR 18

APPROVAL PURSUANT TO THE MMFLA, AS AMENDED FROM TIME TO TIME, IS 19 HEREBY DECLARED TO BE A PUBLIC NUSIANCE. 20

21 (B) THE TERM OF EACH LICENSE FOR A PROPOSED LOCATION SHALL BE ONE 22 YEAR. A LICENSE ISSUED UNDER THIS CHAPTER FOR A PROPOSED LOCATION 23

MAY BE CONDITIONED ON THE APPROVAL OF THE OPERATOR BY THE STATE 24 PURSUANT TO THE MMFLA AT THE LOCATION LICENSED UNDER THIS 25

CHAPTER.. 26

27

28

1300.5 – LICENSE APPLICATION SUBMISSION. 29 30 (A) EACH MEDICAL MARIHUANA ESTABLISHMENT MUST BE LICENSED BY THE 31 CITY. APPLICATIONS FOR A LICENSE SHALL BE MADE IN WRITING TO THE CITY 32

CLERK. ALL APPLICATIONS SUBMITTED TO THE CITY CLERK IN ACCORDANCE 33 WITH THE PROVISIONS OF THIS CHAPTER SHALL BE CONSIDERED FOR THE 34 ISSUANCE OF A LICENSE. AN APPLICANT MAY APPLY FOR MULTIPLE MEDICAL 35

MARIHUANA ESTABLISHMENT LICENSES UNDER THIS CHAPTER OF THE SAME OR 36 DIFFERENT NATURES SIMULTANEOUSLY 37 38

(B) A COMPLETE APPLICATION FOR A LICENSE OR LICENSES REQUIRED BY THIS 39 CHAPTER SHALL BE MADE UNDER OATH ON FORMS PROVIDED BY THE CITY 40 CLERK, AND SHALL CONTAIN ALL OF THE FOLLOWING: 41

42

(1) IF THE APPLICANT IS AN INDIVIDUAL, THE APPLICANT'S NAME, 43 DATE OF BIRTH, PHYSICAL ADDRESS, EMAIL ADDRESS, ONE OR MORE PHONE 44 NUMBERS, INCLUDING EMERGENCY CONTACT INFORMATION, AND A COPY 45

11

OF A GOVERNMENT-ISSUED PHOTO IDENTIFICATION CARD OF THE 1

APPLICANT 2 3 (2) IF THE APPLICANT IS NOT AN INDIVIDUAL, THE NAMES, DATES OF 4

BIRTH, PHYSICAL ADDRESSES, EMAIL ADDRESSES, AND ONE OR MORE PHONE 5 NUMBERS OF EACH STAKEHOLDER OF THE APPLICANT, INCLUDING 6 DESIGNATION OF A STAKEHOLDER AS AN EMERGENCY CONTACT PERSON 7 AND CONTACT INFORMATION FOR THE EMERGENCY CONTACT PERSON, 8 ARTICLES OF INCORPORATION OR ORGANIZATION, INTERNAL REVENUE 9

SERVICE SS-4 EIN CONFIRMATION LETTER, AND THE OPERATING AGREEMENT 10 OR BYLAWS OF THE APPLICANT, IF A LIMITED LIABILITY COMPANY 11

12 (3) THE NAME AND ADDRESS OF THE PROPOSED MEDICAL MARIHUANA 13

ESTABLISHMENT AND ANY ADDITIONAL CONTACT INFORMATION DEEMED 14 NECESSARY BY THE CITY CLERK; 15

16 (4) WITH RESPECT TO MEDICAL MARIHUANA PROVISIONING CENTERS, 17

FOR THE APPLICANT AND FOR EACH STAKEHOLDER AND EMPLOYEE OF THE 18 APPLICANT, AFFIRMATION THAT EACH IS AT LEAST 18 YEARS OF AGE AND 19 HAS NOT BEEN CONVICTED OF OR PLED GUILTY OR NO CONTEST TO A 20

DISQUALIFYING FELONY. WITH RESPECT TO ALL OTHER MEDICAL 21 MARIHUANA ESTABLISHMENTS, FOR THE APPLICANT AND FOR EACH 22

STAKEHOLDER AND EMPLOYEE OF THE APPLICANT, AN AFFIRMATION THAT 23 EACH AND EVERY PERSON IS AT LEAST 18 YEARS OF AGE AND HAS NOT BEEN 24 CONVICTED OF OR PLED GUILTY OR NO CONTEST TO A DISQUALIFYING 25

FELONY; 26

27 (5) A SIGNED RELEASE AUTHORIZING THE CITY OF LANSING POLICE 28

DEPARTMENT TO PERFORM A CRIMINAL BACKGROUND CHECK TO 29

ASCERTAIN WHETHER THE APPLICANT, EACH STAKEHOLDER OF THE 30 APPLICANT, EACH OPERATOR AND EMPLOYEE OF THE APPLICANT MEET THE 31

CRITERIA SET FORTH IN THIS CHAPTER; 32 33

(6) WITH RESPECT TO MEDICAL MARIHUANA PROVISIONING CENTERS, 34 THE NAME, DATE OF BIRTH, PHYSICAL ADDRESS, COPY OF PHOTO 35 IDENTIFICATION, AND EMAIL ADDRESS FOR ANY OPERATOR OR EMPLOYEE IF 36 OTHER THAN THE APPLICANT; 37

38

(7) AN AFFIRMATION UNDER OATH AS TO WHETHER THE APPLICANT 39 OR OPERATOR HAS HAD A BUSINESS LICENSE REVOKED OR SUSPENDED, AND 40

IF REVOKED OR SUSPENDED, THEN THE REASON FOR SUCH REVOCATION OR 41 SUSPENSION; 42

43 (8) FOR THE APPLICANT OR FOR EACH STAKEHOLDER OF THE 44

APPLICANT, A RESUME THAT INCLUDES WHETHER THE INDIVIDUAL HAS ANY 45

12

RELEVANT EXPERIENCE WITH MEDICAL MARIHUANA OR A RELATED 1

INDUSTRY; 2 3 (9) A PATIENT EDUCATION PLAN TO DETAIL TO PATIENTS THE 4

BENEFITS OR DRAWBACKS OF CERTAIN MARIHUANA STRAINS OR PRODUCTS 5 IN CONNECTION WITH THE DEBILITATING MEDICAL CONDITIONS SET FORTH 6 IN THE MICHIGAN MEDICAL MARIHUANA ACT; 7

8 (10) WITH RESPECT TO MEDICAL MARIHUANA PROVISIONING CENTERS, 9

A DESCRIPTION OF DRUG AND ALCOHOL AWARENESS PROGRAMS THAT 10 SHALL BE PROVIDED OR ARRANGED FOR BY THE APPLICANT AND MADE 11 AVAILABLE FOR THE PUBLIC. 12

13

(11) A WRITTEN DESCRIPTION OF THE TRAINING AND EDUCATION THAT 14 THE APPLICANT WILL PROVIDE TO ALL EMPLOYEES; 15

16 (12) A COPY OF THE PROPOSED BUSINESS PLAN FOR THE 17

ESTABLISHMENT, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 18 19

(I) THE PROPOSED OWNERSHIP STRUCTURE OF THE 20

ESTABLISHMENT, INCLUDING PERCENTAGE OWNERSHIP OF 21 EACH PERSON OR ENTITY; AND 22

23 (II) A CURRENT ORGANIZATION CHART THAT INCLUDES 24

POSITION DESCRIPTIONS AND THE NAMES OF EACH PERSON 25

HOLDING EACH POSITION; AND 26

27 (III) A PROPOSED MARKETING , ADVERTISING, AND BUSINESS 28

PROMOTION PLAN, INCLUDING PLANS TO MINIMIZE THE 29

ESPOSURE OF MARKETING OR PROMOTING MARIHUANA 30 PRODUCTS TO MINORS; AND 31

32 (IV) PLANNED TANGIBLE CAPITAL INVESTMENT IN THE CITY, 33

INCLUDING DETAIL RELATED TO THE NUMBER AND NATURE 34 OF APPLICANT’S PROPOSED MEDICAL MARIHUANA 35 ESTABLISHMENTS IN THE CITY AND WHETHER THE 36 LOCATIONS OF SUCH ESTABLISHMENTS WILL BE OWNED OR 37 LEASED; FURTHER, IF MULTIPLE LICENSES ARE PROPOSED, AN 38

EXPLANATION OF THE ECONOMIC BENEFITS TO THE CITY 39 AND JOB CREATION, IF ANY, TO BE ACHIEVED THROUGH THE 40

AWARD OF SUCH MULTIPLE LICENSES. SUPPORTING FACTUAL 41 DATA SHALL BE INCLUDED WITH THE RESPONSE TO THIS 42 SUBSECTION; AND 43

44 (V) EXPECTED JOB CREATION FROM THE PROPOSED MEDICAL 45

MARIHUAN ESTABLISHMENT(S); AND 46

13

1

(VI) PLANNED WORKER TRAINING PROGRAMS; AND 2 3 (VII) FINANCIAL STRUCTURE AND FINANCING OF THE PROPOSED 4

MEDICAL MARIHUANA ESTABLISHMENT(S); AND 5 6 (VIII) SHORT TERM AND LONG TERM GOALS AND OBJECTIVES 7

CONSISTENT WITH THIS CHAPTER; AND 8 9

(IX) IF A MEDICAL MARIHUANA GROWER FACILITY (IES) ARE 10 PROPOSED, PLANS TO INTEGRATE SUCH FACILITY (IES) WITH 11 OTHER PROPOSED MEDICAL MARIHUANA ESTABLISHMENTS 12 AND A STATEMENT WHETHER THE MEDICAL MARIHUANA 13

GROWER FACILITY WILL GROW 1000 PLANTS OR MORE AND 14 THE SQUARE FOOTAAGE OF THE BUILDING(S) HOUSING SUCH 15

GROWER FACILITY, AND IF SO, WILL THE FACILITY CONTAIN 16 MORE THAN 10,000 SQUARE FEET OF SPACE. 17

(X) COMMUNITY OUTREACH/EDUCATION PLANS AND 18 STRATEGIES 19

(XI) CHARITABLE PLANS AND STRATEGIES, WHETHER FISCALLY 20

OR THROUGH VOLUNTEER WORK. 21 22

(13) ONE OF THE FOLLOWING: (A) PROOF OF OWNERSHIP OF THE ENTIRE 23 PREMISES WHEREIN THE MEDICAL MARIHUANA ESTABLISHMENT IS TO BE 24 OPERATED; OR (B) WRITTEN CONSENT FROM THE PROPERTY OWNER FOR USE 25

OF THE PREMISES IN A MANNER REQUIRING LICENSURE UNDER THIS 26

CHAPTER ALONG WITH A COPY OF ANY LEASE FOR THE PREMISES; 27 28 (14) A DESCRIPTION OF THE SECURITY PLAN FOR THE MEDICAL 29

MARIHUANA ESTABLISHMENT, INCLUDING, BUT NOT LIMITED TO, ANY 30 LIGHTING, ALARMS, BARRIERS, RECORDING/MONITORING DEVICES, AND/OR 31

SECURITY GUARD ARRANGEMENTS PROPOSED FOR THE ESTABLISHMENT 32 AND PREMISES. THE SECURITY PLAN MUST CONTAIN THE SPECIFICATION 33

DETAILS OF EACH PIECE OF SECURITY EQUIPMENT. EACH MEDICAL 34 MARIHUANA ESTABLISHMENT MUST HAVE A SECURITY GUARD PRESENT 35 DURING BUSINESS HOURS OR ALTERNATIVE SECURITY PROCEDURES SHALL 36 BE PROPOSED IN THE BUSINESS PLAN; 37

38

(15) A FLOOR PLAN OF THE MEDICAL MARIHUANA ESTABLISHMENT, AS 39 WELL AS A SCALE DIAGRAM ILLUSTRATING THE PROPERTY UPON WHICH 40

THE MEDICAL MARIHUANA ESTABLISHMENT IS TO BE OPERATED, INCLUDING 41 ALL AVAILABLE PARKING SPACES, AND SPECIFYING WHICH PARKING 42 SPACES, IF ANY, ARE HANDICAPPED-ACCESSIBLE; 43

44 (16) ANY PROPOSED TEXT OR GRAPHICAL MATERIALS TO BE SHOWN ON 45

THE EXTERIOR OF THE PROPOSED MEDICAL MARIHUANA ESTABLISHMENT; 46

14

1

(17) A LOCATION AREA MAP, AS MEASURED PURSUANT TO SECTION 2 1300.13(D) OF THE MEDICAL MARIHUANA ESTABLISHMENT AND 3 SURROUNDING AREA THAT IDENTIFIES THE RELATIVE LOCATIONS AND THE 4

DISTANCES, AS MEASURED PURSUANT TO SECTION 1300.13(D), TO THE 5 BUFFERED USES SET FORTH IN SECTION 1300.13 (A) 6

(18) A FACILITY SANITATION PLAN TO PROTECT AGAINST ANY 7 MARIHUANA BEING INGESTED BY ANY PERSON OR ANIMAL, INDICATING 8 HOW THE WASTE WILL BE STORED AND DISPOSED OF, AND HOW ANY 9

MARIHUANA WILL BE RENDERED UNUSABLE UPON DISPOSAL. DISPOSAL BY 10 ON-SITE BURNING OR INTRODUCTION IN THE SEWERAGE SYSTEM IS 11 PROHIBITED; 12

13

(19) A PROPOSED PATIENT RECORDKEEPING PLAN THAT WILL TRACK 14 QUANTITIES SOLD TO INDIVIDUAL PATIENTS AND CAREGIVERS, AND WILL 15

MONITOR INVENTORY; 16 17

(20) A DESCRIPTION OF PROCEDURES FOR TESTING OF CONTAMINANTS, 18 INCLUDING MOLD AND PESTICIDES; 19

20

(21) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY 21 STAKEHOLDER OF THE APPLICANT IS IN DEFAULT TO THE CITY. 22

SPECIFICALLY, THAT THE APPLICANT OR STAKEHOLDER OF THE APPLICANT 23 HAS NOT FAILED TO PAY ANY PROPERTY TAXES, SPECIAL ASSESSMENTS, 24 FINES, FEE OR OTHER FINANCIAL OBLIGATION TO THE CITY; 25

26

(22) VERIFICATION, INCLUDING COPIES OF ACTUAL BANK STATEMENTS, 27 SHOWING THAT THE APPLICANT HAS MINIMUM NET WORTH OF ONE 28 HUNDRED THOUSAND DOLLARS ($100,000) IN THE APPLICANT’S NAME. 29

30 (23) AN ESTIMATE OF THE NUMBER AND TYPE OF JOBS THAT THE 31

MEDICAL MARIHUANA ESTABLISHMENT IS EXPECTED TO CREATE, THE 32 AMOUNT AND TYPE OF COMPENSATION EXPECTED TO BE PAID FOR SUCH 33

JOBS, AND THE PROJECTED ANNUAL BUDGET AND REVENUE OF THE 34 MEDICAL MARIHUANA ESTABLISHMENT; AND 35

36 (24) A SIGNED ACKNOWLEDGMENT THAT THE APPLICANT IS AWARE AND 37

UNDERSTANDS THAT ALL MATTERS RELATED TO MARIHUANA, GROWING, 38

CULTIVATION, POSSESSION, DISPENSING, TESTING, SAFETY COMPLIANCE, 39 TRANSPORTING, DISTRIBUTION, AND USE ARE CURRENTLY SUBJECT TO 40

STATE AND FEDERAL LAWS, RULES, AND REGULATIONS, AND THAT THE 41 APPROVAL OR GRANTING OF A LICENSE HEREUNDER DOES NOT EXONERATE 42 OR EXCULPATE THE APPLICANT FROM ABIDING BY THE PROVISIONS AND 43 REQUIRMENTS AND PENALTIES ASSOCIATED WITH THOSE LAWS, RULES AND 44 REGULATIONS OR EXPOSURE TO ANY PENALTIES ASSOCIATED THEREWITH; 45 AND FURTHER THE APPLICANT WAIVIES AND FOREVER RELEASES ANY 46

15

CLAIM, DEMAND, ACTION, LEGAL REDRESS, OR RECOURSE AGAINST THE 1

CITY OF LANSING, ITS ELECTED AND APPOINTED OFFICIALS AND ITS 2 EMPLOYEES AND AGENTS FOR ANY CLAIMS, DAMAGES, LIABILITIES, CAUSES 3 OF ACTION, DAMAGES, AND ATTORNEY FEES THE APPLICANT MAY OCCUR AS 4

A RESULT OF THE VIOLATION BY APPLICANT, ITS OFFICIALS, MEMBERS, 5 PARTNERS, SHAREHOLDERS, EMPLOYEES AND AGENT OF THOSE LAWS, 6 RULES, AND REGULATIONS AND HEREBY WAIVES, AND ASSUMES THE RISK 7 OF, ANY SUCH CLAIMS AND DAMAGES, AND LACK OF RECOURSE AGAINST 8 THE CITY OF LANSING, ITS ELECTED AND APPOINTED OFFICIALS, 9

EMPLOYEES, ATTORNEYS, AND AGENTS. 10 11 12 (25) AS IT RELATES TO A MEDICAL MARIHUANA GROWER FACILITY, THE 13

FOLLOWING ADDITIONAL ITEMS SHALL BE REQUIRED: 14 15

(I) A CULTIVATION PLAN THAT INCLUDES, AT A MINIMUM, A 16 DESCRIPTION OF THE CULTIVATION METHODS TO BE USED, INCLUDING 17

PLANS FOR THE GROWING MEDIUMS, TREATMENTS, AND / OR ADDITIVES; 18 19 (II) A PRODUCTION TESTING PLAN THAT INCLUDES, AT A MINIMUM, A 20

DESCRIPTION OF HOW AND WHEN SAMPLES FOR LABORATORY TESTING 21 BY AN INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 22

ACCREDITED TESTING FACILITY WILL BE SELECTED, WHAT TYPE OF 23 TESTING WILL BE REQUESTED, AND HOW THE TEST RESULTS WILL BE 24 USED; 25

26

(III) AN AFFIDAVIT THAT ALL OPERATIONS WILL BE CONDUCTED IN 27 CONFORMANCE WITH THE MMMA, THE MMFLA, MTA AND OTHER 28 APPLICABLE STATE LAW; 29

30 (IV) A CHEMICAL AND PESTICIDE STORAGE PLAN THAT STATES THE 31

NAMES OF THE PESTICIDES TO BE USED IN CULTIVATION AND WHERE AND 32 HOW PESTICIDES AND CHEMICALS WILL BE STORED IN THE 33

ESTABLISHMENT, ALONG WITH A PLAN FOR THE DISPOSAL OF UNUSED 34 PESTICIDES; 35

36 (V) ALL CULTIVATION MUST BE PERFORMED IN A BUILDING. THE 37

APPLICANT SHALL SPECIFICALLY ACKNOWLEDGE THIS PROVISION. 38

39 (26) PROOF OF AN INSURANCE POLICY COVERING THE ESTABLISHMENT 40

AND NAMING THE CITY, ITS ELECTED AND APPOINTED OFFICIALS, 41 EMPLOYEES, AND AGENTS, AS ADDITIONAL INSURED PARTIES, 42 AVAILABLE FOR THE PAYMENT OF ANY DAMAGES ARISING OUT OF AN 43 ACT OR OMISSION OF THE APPLICANT OR ITS STAKEHOLDERS, AGENTS, 44 EMPLOYEES, OR SUBCONTRACTORS, IN THE AMOUNT OF (A) AT LEAST 45 ONE MILLION DOLLARS FOR PROPERTY DAMAGE; (B) AT LEAST ONE 46

16

MILLION DOLLARS FOR INURY TO ONE PERSON; AND (C) AT LEAST TWO 1

MILLION DOLLARS FOR INJURY TO TWO OR MORE PERSON RESULTING 2 FROM THE SAME OCCURRENCE. THE INSURANCE POLICY UNDERWRITER 3 MUST HAVE A MINIMUM A.M. BEST COMPANY INSURANCE RANKING OF 4 B+, CONSISTENT WITH STATE LAW. THE POLICY SHALL PROVIDE THAT 5 THE CITY SHALL BE NOTIFIED BY THE INSURANCE CARRIER THIRTY (30) 6 DAYS IN ADVANCE OF ANY CANCELLATION. 7 8 (27) (A) PROOF OF A SURETY BOND IN THE AMOUNT OF $50,000 WITH 9 THE CITY OF LANSING LISTED AS THE OBLIGEE TO GUARANTEE 10 PERFORMANCE BY APPLICANT OF THE TERMS, CONDITIONS AND 11 OBLIGATIONS OF THIS CHAPTER IN A MANNER AND SURETY APPROVED 12 BY THE CITY ATTORNEY; OR, IN THE ALTERNATIVE, 13

14 (B) CREATION OF AN ESCROW ACCOUNT AS FOLLOWS; 15

(1) THE ACCOUNT MUST BE PROVIDED BY A STATE OR FEDERALLY 16 REGULATED FINANCIAL INSTITUTION OR OTHER FINANCIAL 17 INSTITUTION APPROVED BY THE CITY ATTORNEY BASED UPON AN 18 OBJECTIVE ASSESSMENT OF THE INSTITUTION’S FINANCIAL 19 STABILITY; AND 20

21 (2) THE ACCOUNT MUST BE FOR THE BENEFIT OF THE CITY TO 22 GUARANTEE PERFORMANCE BY LICENSEE IN COMPLIANCE WITH 23 THIS CHAPTER AND APPLICABLE LAW; AND 24 25

(3) THE ACCOUNT MUST BE IN THE AMOUNT OF TWENTY THOUSAND 26

($20,000) DOLLARS AND IN A FORM PRESCRIBED BY THE CITY 27 ATTORNEY. 28

29

(28) ANY OTHER INFORMATION WHICH MAY BE REQUIRED BY 30 COMMISSION RULE OR CITY COUNCIL ORDINANCE FROM TIME TO TIME. 31

32 (C) ALL APPLICATIONS SHALL BE ACCOMPANIED BY A LICENSE APPLICATION 33

FEE IN AN AMOUNT OF $5,000. SHOULD THE APPLICANT NOT RECEIVE A 34 LICENSE, ONE-HALF OF THE APPLICATION FEE SHALL BE RETURNED. 35

36 (D) UPON RECEIPT OF A COMPLETED APPLICATION MEETING THE 37

REQUIREMENTS OF THIS SECTION AND THE APPROPRIATE LICENSE APPLICATION 38

FEE, THE CITY CLERK SHALL REFER A COPY OF THE APPLICATION TO EACH OF 39 THE FOLLOWING FOR THEIR APPROVAL: THE FIRE DEPARTMENT, THE BUILDING 40

SAFETY OFFICE, THE POLICE DEPARTMENT, THE ZONING ADMINISTRATOR, AND 41 THE CITY TREASURER. 42

43 (E) EXCEPT AS PROVIDED IN SECTION 1300.18 NO APPLICATION SHALL BE 44

APPROVED UNLESS: 45 46

-

17

(1) THE FIRE DEPARTMENT AND THE BUILDING SAFETY OFFICE HAVE 1

INSPECTED THE PROPOSED LOCATION FOR COMPLIANCE WITH ALL LAWS 2 FOR WHICH THEY ARE CHARGED WITH ENFORCEMENT AND FOR 3 COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER; 4

5 (2) THE ZONING ADMINISTRATOR HAS CONFIRMED THAT THE PROPOSED 6 LOCATION COMPLIES WITH THE ZONING CODE AND THIS CHAPTER, 7 INCLUDING ANY VARIANCES GRANTED UNDER SECTION 1300.18; 8 9

(3) THE CITY TREASURER HAS CONFIRMED THAT THE APPLICANT AND 10 EACH STAKEHOLDER OF THE APPLICANT AND THE PROPOSED LOCATION 11 OF THE ESTABLISHMENT ARE NOT IN DEFAULT TO THE CITY; 12 13

(4) THE POLICE DEPARTMENT HAS DETERMINED THAT THE APPLICANT 14 HAS MET THE REQUIREMENTS OF THIS CHAPTER WITH RESPECT TO THE 15

BACKGROUND CHECK AND SECURITY PLAN. 16

17 1300.6 – LICENSE APPLICATION EVALUATION. 18 19

(A) THE CITY CLERK SHALL ASSESS, EVALUATE, SCORE AND RANK ALL 20

APPLICATIONS SUBMITTED ACCORDING TO THE PROVISIONS OF THIS 21 CHAPTER. NO APPLICATION SHALL BE ACCEPTED FOR ASSESSMENT, 22

EVALUATION, SCORING, AND RANKING UNLESS SUCH APPLICATION 23 CONTAINS THE APPROVALS REQUIRED BY SECTION 1300.5. 24

25

(B) IN ITS APPLICATION ASSESSMENT, EVALUATION, SCORING, AND RANKING, 26

DELIBERATIONS, THE CLERK SHALL ASSESS, EVALUATE, SCORE, AND RANK 27 EACH APPLICATION BASED UPON A SCORING AND RANKING PROCEDURE 28 DEVELOPED BY THE CLERK CONSISTENT WITH THE REQUIREMENTS, 29

CONDITIONS, AND PROVISIONS OF THIS CHAPTER IN EACH OF THE 30 CATEGORIES SET FORTH BELOW IN THIS SUBSECTION. OVERALL SCORING 31

AND RANKING SHALL BE CONDUCTED AND APPLIED BY THE CLERK ON THE 32 BASIS OF ASSIGNED POINTS FROM ZERO (0) POINTS TO ONE HUNDRED 33

POINTS(100) POINTS WITH THE LOWEST OVERALL TOTAL SCORE AS ZERO (0) 34 POINTS AND THE HIGHEST POSSIBLE TOTAL SCORE BEING ONE HUNDRED 35 (100) POINTS 36

37 (1) THE CONTENT AND SUFFICIENCY OF THE INFORMATION 38

CONTAINED IN 1300.5 (B) (12) AND (23); THE MAXIMUM NUMBER OF 39 SCORING POINTS IN THIS CATEGORY SHALL BE FIFTY (5O) POINTS; 40

41 (2) WHETHER THE PROPOSED ESTABLISHMENT WILL BE CONSISTENT 42

WITH LAND USE FOR THE SURROUNDING NEIGHBORHOOD AND NOT 43 HAVE A DETRIMENTAL EFFECT ON TRAFFIC PATTERNS AND 44 RESIDENT SAFETY. THE MAXIMUM NUMBER OF SCORING POINTS IN 45 THIS CATEGORY SHALL BE TWENTY (20) POINTS; 46

18

1

(3) PLANNED OUTREACH ON BEHALF OF THE PROPOSED 2 ESTABLISHMENT, AND WHETHER THE APPLICANT OR ITS 3 STAKEHOLDERS HAVE MADE, OR PLAN TO MAKE, SIGNIFICANT 4

PHYSICAL IMPROVEMENTS TO THE BUILDING HOUSING THE 5 MEDICAL MARIHUANA ESTABLISHMENT, INCLUDING PLANS TO 6 ELIMINATE OR MINIMIZE TRAFFIC, NOISE, AND ODOR EFFECTS ON 7 THE SURROUNDING NEIGHBORHOOD . THE MAXIMUM NUMBER OF 8 SCORING POINTS IN THIS CATEGORY SHALL BE TEN (10) POINTS; 9

10 (4) WHETHER THE APPLICANT OR ANY OF ITS STAKEHOLDERS HAVE A 11

RECORD OF ACTS DETRIMENTAL TO THE PUBLIC HEALTH, 12 SECURITY, SAFETY, MORALS, GOOD ORDER, OR GENERAL WELFARE 13

PRIOR TO THE DATE OF THE APPLICATION; WHETHER THE 14 APPLICANT OR ANY OF ITS STAKEHOLDERS HAVE PREVIOUSLY 15

OPERATED AN ILLEGAL BUSINESS OF ANY KIND, INCLUDING ANY 16 VIOLATION OF LANSING MEDICAL MARIHUANA MORATORIUMS. 17

THE MAXIMUM NUMBER OF SCORING POINTS IN THIS CATEGORY 18 SHALL BE TEN (10) POINTS; 19

20

(5) WHETHER THE APPLICANT HAS REASONABLY AND TANGIBLY 21 DEMONSTRATED IT POSSESSES SUFFICIENT FINANCIAL RESOURCES 22

TO FUND, AND THE REQUISITE BUSINESS EXPERIENCE TO EXECUTE, 23 THE SUBMITTED BUSINESS PLAN AND OTHER PLANS REQUIRED BY 24 SECTION 1300.5. THE MAXIMUM NUMBER OF SCORING POINTS IN 25

THIS CATEGORY SHALL BE TEN (10) POINTS. 26

27 (C) BASED UPON TESTIMONY, WRITTEN AND ORAL COMMENTS FROM 28 THE PUBLIC, PLANNING BOARD REVIEW, MAPS, HISTORICAL DATA, 29

COUNCIL COMMITTEE DELIBERATIONS, AND PUBLIC HEARINGS, THE 30 CITY COUNCIL FINDS AND DETERMINES THAT IT IS IN THE PUBLIC 31

INTEREST AND SERVES A PUBLIC PURPOSE THAT THE MAXIMUM 32 NUMBER OF LICENSES ISSUED FOR MEDICAL MARIHUANA 33

PROVISIONING CENTERS SHALL BE CAPPED AT TWENTY-FIVE (25), AND 34 IMPLEMENTED IN A TWO-PHASE PROCESS IN ORDER TO BALANCE 35 SERVING PATIENTS’ NEEDS AND SPREADING ECONOMIC DEVELOPMENT. 36 (1) PHASE ONE: AT THE CONCLUSION OF A THIRTY (30) DAY 37 ENROLLMENT PERIOD SET BY THE CITY CLERK, THE CITY CLERK SHALL 38

BEGIN PROCESSING OF APPLICATIONS FOR AUTHORIZATION OF A 39 MAXIMUM OF TWENTY (20) PROVISIONING CENTER LICENSES TO 40

ALLOW FOR AN EFFICIENT AND MANAGABLE ADMINISTRATIVE 41 REVIEW. THE CITY CLERK MAY ADJUST DISTRIBUTION OF PHASE TWO 42 LICENSES TO MEET PATIENTS’ NEEDS. (2) PHASE TWO: AT THE 43 CONCLUSION OF A SECOND THIRTY (30)DAY ENROLLMENT PERIOD SET 44 BY THE CLERK, WHICH IS OPEN TO NEW APPLICATIONS AND AMENDED 45 APPLICATIONS, THE CLERK MAY AUTHORIZE A MAXIMUM OF FIVE (5) 46

19

ADDITIONAL PROVISIONING CENTER LICENSES DURING THE TWO-1

PHASE PROCESS. AN APPLICATION SUBMITTED DURING PHASE ONE TO 2 THE CLERK, BUT NOT SELECTED FOR APPROVAL DURING PHASE ONE, 3 MAY BE CONSIDERED FOR APPROVAL DURING PHASE TWO. THE CLERK 4

WILL INITIATE PHASE TWO WITHIN ONE YEAR OF THE START OF PHASE 5 ONE. 6

7 (D) IN THE EVENT THAT THERE ARE MORE APPLICANTS FOR 8 PROVISIONING CENTER LICENSES WHO MEET THE MINIMUM 9 REQUIREMENTS SET FORTH IN 1300.6(B) THAN THERE ARE LICENSES 10 AVAILABLE IN EITHER PHASE ONE OR TWO, THE TOP SCORING 11 TWENTY (20) APPLICANTS IN PHASE ONE AND TOP SCORING FIVE (5) 12 APPLICANTS IN PHASE TWO, SHALL BE ELIGIBLE TO RECEIVE 13 P R O V I S I O N I N G C E N T E R LICENSES IN ACCORDANCE WITH THE 14 ASSESSMENT, EVALUATION, SCORING, AND RANKING PROCEDURES 15 ESTABLISHED IN THIS CHAPTER.. IN THE EVENT OF AN 16 E V A L U A T I O N S C O R I N G TIE DURING EITHER PHASE ONE OR 17 PHASE TWO, WHICH CAUSES THERE TO BE MORE THAN 20 AND 5 18 HIGHEST SCORING APPLICANTS RESPECTIVELY, THE S C O R I N G - 19 TIED APPLICANTS WILL BE ENTERED INTO A RANDOM DRAW USING 20 PROCEDURES SET BY THE CITY CLERK CONSISTENT WITH SUBSECTIONS 21 1300.6 (C) AND (D). THOSE APPLICATIONS RANDOMLY SELECTED SHALL 22 BE ELIGIBLE TO RECEIVE A PROVISONING CENTER LICENSE; HOWEVER, 23 IN NO EVENT SHALL THE MAXIMUM NUMBER OF PROVISIONING 24 CENTER LICENSES EVER EXCEED 25. ALL LICENSE APPLICATIONS 25 MUST BE SUBMITTED DURING THE OPEN ENROLLMENT PERIODS SET 26 BY THE CLERK. 27 28 (E) NOTHING IN THIS SECTION IS INTENDED TO CONFER A PROPERTY OR 29 OTHER RIGHT, DUTY, PRIVILEGE OR INTEREST IN A LICENSE OF ANY 30

KIND OR NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY 31 CLAIM OF ENTITLEMENT. 32

33 (F) THE CLERK MAY ENGAGE PROFESSIONAL EXPERT ASSISTANCE IN 34 PERFORMING THE CLERKS DUTIES AND RESPONSIBILITIES UNDER THE 35

CHAPTER. 36 37

1300.7 – LICENSE RENEWAL APPLICATION. 38 39

(A) APPLICATION FOR A LICENSE RENEWAL REQUIRED BY THIS CHAPTER 40 SHALL BE MADE IN WRITING TO THE CITY CLERK AT LEAST THIRTY (30) DAYS 41 PRIOR TO THE EXPIRATION OF AN EXISTING LICENSE. 42

43 (B) AN APPLICATION FOR A LICENSE RENEWAL REQUIRED BY THIS CHAPTER 44

SHALL BE MADE UNDER OATH ON FORMS PROVIDED BY THE CITY, AND SHALL 45 CONTAIN ALL OF THE INFORMATION REQUIRED BY 1300.5(B). 46

47

20

(C) AN APPLICATION FOR A LICENSE RENEWAL SHALL BE ACCOMPANIED BY 1

A RENEWAL FEE IN AN AMOUNT OF $5,000 WHICH HALF WILL BE RETURNED 2 SHOULD THE LICENSE NOT BE RENEWED. THE RENEWAL FEE IS ESTABLISHED TO 3 DEFRAY THE COSTS OF THE ADMINISTRATION OF THIS CHAPTER. 4

5 (D) UPON RECEIPT OF A COMPLETED APPLICATION FOR A LICENSE RENEWAL 6

MEETING THE REQUIREMENTS OF THIS CHAPTER AND THE LICENSE RENEWAL 7 FEE, THE CITY CLERK SHALL REFER A COPY OF THE RENEWAL APPLICATION TO 8 EACH OF THE FOLLOWING FOR THEIR APPROVAL: THE FIRE DEPARTMENT, THE 9

BUILDING SAFETY OFFICE, THE LANSING POLICE DEPARTMENT, THE ZONING 10 ADMINISTRATOR, AND THE CITY TREASURER, 11

12 (E) NO APPLICATION FOR A LICENSE RENEWAL SHALL BE APPROVED 13

UNLESS: 14 15

(1) THE FIRE DEPARTMENT AND THE BUILDING SAFETY OFFICE HAVE 16 INSPECTED THE PROPOSED LOCATION FOR COMPLIANCE WITH ALL 17

LAWS FOR WHICH THEY ARE CHARGED WITH ENFORCEMENT 18 WITHIN THE PAST CALENDAR YEAR; AND 19

20

(2) THE ZONING ADMINISTRATOR HAS CONFIRMED THAT THE 21 LOCATION COMPLIES WITH THE ZONING CODE AND THIS CHAPTER, 22

AT THE TIME A LICENSE IS GRANTED, INCLUDING ANY VARIANCES 23 GRANTED UNDER SECTION 1300.18; AND 24

25

(3) THE CITY TREASURER HAS CONFIRMED THAT THE APPLICANT AND 26

EACH STAKEHOLDER OF THE APPLICANT AND THE LOCATION OF 27 THE MEDICAL MARIHUANA ESTABLISHMENT ARE NOT CURRENTLY 28 IN DEFAULT TO THE CITY; AND 29

30 (4) THE POLICE DEPARTMENT HAS REVIEWED THE APPLICATION AND 31

DETERMINED THAT THE APPLICANT HAS SATISFIED THE 32 REQUIREMENTS OF THIS CHAPTER WITH RESPECT TO THE 33

BACKGROUND CHECK AND SECURITY PLAN; AND 34 35 (5) THE APPLICANT POSSESSES THE NECESSARY STATE LICENSES OR 36

APPROVALS, INCLUDING THOSE ISSUED PURSUANT TO THE MMFLA; 37 AND 38

39 (6) THE APPLICANT HAS OPERATED THE MEDICAL MARIHUANA 40

ESTABLISHMENT IN ACCORDANCE WITH THE CONDITIONS AND 41 REQUIREMENTS OF THIS CHAPTER; AND 42

43 (7) THE MEDICAL MARIHUANA ESTABLISHMENT HAS NOT BEEN 44

DECLARED A PUBLIC NUISANCE; AND 45 46

21

(8) THE APPLICANT IS OPERATING THE MEDICAL MARIHUANA 1

ESTABLISHMENT IN ACCORDANCE WITH FEDERAL, STATE, AND 2 LOCAL LAWS AND REGULATIONS. 3

4

(F) IF WRITTEN APPROVAL IS GIVEN BY EACH INDIVIDUAL, DEPARTMENT, OR 5 ENTITY IDENTIFIED IN SUBSECTION (E), THE CITY CLERK SHALL ISSUE A 6 LICENSE RENEWAL TO THE APPLICANT. IF NO RENEWAL LICENSE IS ISSUED, 7 HALF OF THE RENEWAL FEE SHALL BE RETURNED. THE RENEWAL SHALL BE 8 DEEMED APPROVED IF THE CITY HAS NOT ISSUED FORMAL NOTICE OF DENIAL 9

WITHIN 60 DAYS OF THE FILING DATE OF THE APPLICATION, UNLESS THE 10 APPLICANT IS ADVISED OF NON-COMPLIANCE UNDER 1300.7 (E) DURING SUCH 11 PERIOD. 12 13

1300.8 – LICENSES GENERALLY. 14 15

(A) TO THE EXTENT PERMISSIBLE UNDER LAW, ALL INFORMATION 16 SUBMITTED IN CONJUNCTION WITH AN APPLICATION FOR A LICENSE OR 17

LICENSE RENEWAL REQUIRED BY THIS CHAPTER IS CONFIDENTIAL AND EXEMPT 18 FROM DISCLOSURE UNDER THE MICHIGAN FREEDOM OF INFORMATION ACT, 19 1976 PA 442, MCL 15.231 ET SEQ., INCLUDING THE TRADE SECRETS OR 20

COMMERCIAL OR FINANCIAL INFORMATION EXEMPTIONS AVAILABLE UNDER 21 SECTION 13 (F) OF THE MICHIGAN FREEDOM OF INFORMATION ACT. 22

FURTHERMORE, NO PERSONAL OR MEDICAL INFORMATION CONCERNING THE 23 APPLICANT SHALL BE SUBMITTED TO THE MEDICAL MARIHUANA COMMISSION. 24 25

(B) LICENSEES MAY TRANSFER A LICENSE ISSUED UNDER THIS CHAPTER TO A 26

DIFFERENT LOCATION UPON RECEIVING WRITTEN APPROVAL FROM THE CITY 27 CLERK. IN ORDER TO REQUEST APPROVAL TO TRANSFER A LICENSE LOCATION, 28 THE LICENSEE MUST MAKE A WRITTEN REQUEST TO THE CITY CLERK, 29

INDICATING THE CURRENT LICENSE LOCATION AND THE PROPOSED LICENSE 30 LOCATION. UPON RECEIVING THE WRITTEN REQUEST, THE CITY CLERK SHALL 31

REFER A COPY OF THE WRITTEN REQUEST TO EACH OF THE FOLLOWING FOR 32 THEIR APPROVAL: THE FIRE DEPARTMENT, THE BUILDING SAFETY OFFICE, THE 33

POLICE DEPARTMENT, THE ZONING ADMINISTRATOR, AND THE CITY 34 TREASURER. NO LICENSE TRANSFER SHALL BE APPROVED UNLESS EACH SUCH 35 INDIVIDUAL DEPARTMENT, OR ENTITY GIVES WRITTEN APPROVAL THAT THE 36 LICENSEE AND THE PROPOSED LICENSE LOCATION MEET THE STANDARDS 37 IDENTIFIED IN THIS CHAPTER, INCLUDING BUT NOT LIMITED TO SECTION 38

1300.5(E), AND THE CITY CLERK HAS DETERMINED THAT THE PROPOSED 39 LOCATION MEETS THE REQUIREMENTS OF 1300.6 (B)(2) AND (3). 40

41 (C) LICENSEES MAY TRANSFER A LICENSE ISSUED UNDER THIS CHAPTER TO A 42

DIFFERENT INDIVIDUAL OR ENTITY UPON RECEIVING WRITTEN APPROVAL BY 43 THE CITY CLERK. IN ORDER TO REQUEST APPROVAL TO TRANSFER A LICENSE TO 44 A DIFFERENT INDIVIDUAL OR ENTITY, THE LICENSEE MUST MAKE A WRITTEN 45 REQUEST TO THE CITY CLERK, INDICATING THE CURRENT LICENSEE AND THE 46

22

PROPOSED LICENSEE. UPON RECEIVING THE WRITTEN REQUEST, THE CITY 1

CLERK SHALL CONSIDER THE REQUEST AS A NEW APPLICATION FOR A LICENSE 2 AND THE PROCEDURES SET FORTH IN 1300.5 AND 1300.6 SHALL BE FOLLOWED 3 INCLUDING SUBMISSION OF THE LICENSE APPLICATION FEE. APPLICATION FEES 4

ARE NON-TRANSFERABLE. 5 6 (D) LICENSEES SHALL REPORT ANY OTHER CHANGE IN THE INFORMATION 7

REQUIRED BY THIS CHAPTER TO THE CITY CLERK WITHIN TEN (10) BUSINESS 8 DAYS OF THE CHANGE. FAILURE TO DO SO MAY RESULT IN SUSPENSION OR 9

REVOCATION OF THE LICENSE. 10 11 (E) ANY LICENSE APPLICATION APPROVED PURSUANT TO THIS CHAPTER 12 SHALL NOT BE EFFECTIVE, AND NO MEDICAL MARIHUANA ESTABLISHMENT 13

MAY OPERATE, UNLESS THE MEDICAL MARIHUANA ESTABLISHMENT IS 14 OPERATED PURSUANT TO A LICENSE OR APPROVAL ISSUED UNDER THE 15

MMFLA. 16 17

1300.9 – MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 18 PROVISIONING CENTER. 19 20

EXCEPT AS MAY BE PREEMPTED BY STATE LAW OR REGULATION, 21 22

(A) EVERY MEDICAL MARIHUANA PROVISIONING CENTER MUST BE LOCATED 23 IN A BUILDING, AS DEFINED UNDER SECTION 1300.2. 24

25

(B) NO MEDICAL MARIHUANA PROVISIONING CENTER SHALL BE OPEN 26

BETWEEN THE HOURS OF 10 P.M. AND 9 A.M.; 27 28 (C) CONSUMPTION OF MARIHUANA SHALL BE PROHIBITED ON THE PREMISES 29

OF A MEDICAL MARIHUANA PROVISIONING CENTER EXCEPT AS PERMITTED BY 30 LANSING CITY CHARTER SECTION 8-501 AND STATE LAW; 31

32 (D) A MEDICAL MARIHUANA PROVISIONING CENTER SHALL CONTINUOUSLY 33

MONITOR THE ENTIRE PREMISES ON WHICH THEY ARE OPERATED WITH 34 SURVEILLANCE SYSTEMS THAT INCLUDE SECURITY CAMERAS. THE VIDEO 35 RECORDINGS SHALL BE MAINTAINED IN A SECURE, OFF-SITE LOCATION FOR A 36 PERIOD OF 14 DAYS; 37

38

(E) UNLESS PERMITTED BY THE MMMA, PUBLIC OR COMMON AREAS OF THE 39 MEDICAL MARIHUANA PROVISIONING CENTER MUST BE SEPARATED FROM 40

RESTRICTED OR NON-PUBLIC AREAS OF THE PROVISIONING CENTER BY A 41 PERMANENT BARRIER. UNLESS PERMITTED BY THE MMMA, NO MEDICAL 42 MARIHUANA IS PERMITTED TO BE STORED, DISPLAYED, OR TRANSFERRED IN AN 43 AREA ACCESSIBLE TO THE GENERAL PUBLIC; 44

45

23

(F) ALL MEDICAL MARIHUANA STORAGE AREAS WITHIN MEDICAL 1

MARIHUANA PROVISIONING CENTER MUST BE SEPARATED FROM ANY 2 CUSTOMER/PATIENT AREAS BY A PERMANENT BARRIER. UNLESS PERMITTED BY 3 THE MMMA, NO MEDICAL MARIHUANA IS PERMITTED TO BE STORED IN AN 4

AREA ACCESSIBLE BY THE GENERAL PUBLIC OR REGISTERED 5 CUSTOMERS/PATIENTS. MEDICAL MARIHUANA MAY BE DISPLAYED IN A SALES 6 AREA ONLY IF PERMITTED BY THE MMFLA; 7

8 (G) ANY USABLE MEDICAL MARIHUANA REMAINING ON THE PREMISES OF A 9

MEDICAL MARIHUANA PROVISIONING CENTER WHILE THE MEDICAL 10 MARIHUANA PROVISIONING CENTER IS NOT IN OPERATION SHALL BE SECURED 11 IN A SAFE PERMANENTLY AFFIXED TO THE PREMISES; 12

13

(H) DRIVE-THRU WINDOWS ON THE PREMISES OF A MEDICAL MARIHUANA 14 PROVISIONING CENTER SHALL NOT BE PERMITTED; 15

16 (I) NO MEDICAL MARIHUANA PROVISIONING CENTER SHALL BE OPERATED IN 17

A MANNER CREATING NOISE, DUST, VIBRATION, GLARE, FUMES, OR ODORS 18 DETECTABLE TO NORMAL SENSES BEYOND THE BOUNDARIES OF THE PROPERTY 19 ON WHICH THE MEDICAL MARIHUANA PROVISIONING CENTER IS OPERATED; OR 20

ANY OTHER NUISANCE THAT HINDERS THE PUBLIC HEALTH, SAFETY AND 21 WELFARE OF THE RESIDENTS OF THE CITY OF LANSING. 22

23 (J) THE LICENSE REQUIRED BY THIS CHAPTER SHALL BE PROMINENTLY 24

DISPLAYED ON THE PREMISES OF A MEDICAL MARIHUANA PROVISIONING 25

CENTER; 26

27 (K) DISPOSAL OF MEDICAL MARIHUANA SHALL BE ACCOMPLISHED IN A 28

MANNER THAT PREVENTS ITS ACQUISITION BY ANY PERSON WHO MAY NOT 29

LAWFULLY POSSESS IT AND OTHERWISE IN CONFORMANCE WITH STATE LAW; 30 31

(L) ALL MEDICAL MARIHUANA DELIVERED TO A PATIENT SHALL BE 32 PACKAGED AND LABELED AS PROVIDED BY STATE LAW AND THIS CHAPTER. 33

THE LABEL SHALL INCLUDE: 34 35

(1) A UNIQUE ALPHANUMERIC IDENTIFIER FOR THE PERSON TO WHOM IT 36 IS BEING DELIVERED; 37

(2) A UNIQUE ALPHANUMERIC IDENTIFIER FOR THE CULTIVATION SOURCE 38

OF THE MARIHUANA; 39 (3) THAT THE PACKAGE CONTAINS MARIHUANA; 40

(4) THE DATE OF DELIVERY, WEIGHT, TYPE OF MARIHUANA AND DOLLAR 41 AMOUNT OR OTHER CONSIDERATION BEING EXCHANGED IN THE 42 TRANSACTION; 43

(5) A CERTIFICATION THAT ALL MARIHUANA IN ANY FORM CONTAINED IN 44 THE PACKAGE WAS CULTIVATED, MANUFACTURED, AND PACKAGED IN 45 THE STATE OF MICHIGAN; 46

24

(6) THE WARNING THAT; “THIS PRODUCT IS MANUFACTURED WITHOUT 1

ANY REGULARTORY OVERSIGHT FOR HEALTH, SAFETY OR EFFICACY. 2 THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE INGESTION OR 3 USE OF THIS PRODUCT. USING THIS PRODUCT MAY CAUSE 4

DROWSINESS. DO NOT DRIVE OR OPERATE HEAVY MACHINERY WHILE 5 USING THIS PRODUCT. KEEP THIS PRODUCT OUT OF REACH OF 6 CHILDREN. THIS PRODUCT MAY NOT BE USED IN ANY WAY THAT DOES 7 NOT COMPLY WITH STATE LAW OR BY PERSON WHO DOES NOT 8 POSSESS A VALID MEDICAL MARIHUANA PATIENT REGISTRY CARD.” 9

(7) THE NAME, ADDRESS, EMAIL ADDRESS, AND TELEPHONE NUMBER OF 10 AN AUTHORIZED REPRESENTATIVE OF THE DISPENSARY WHOM A 11 PATIENT CAN CONTACT WITH ANY QUESTIONS REGARDING THE 12 PRODUCT. 13

14 (M) A LICENSEE SHALL REQUIRE ALL REGISTERED PATIENTS PRESENT BOTH 15

THEIR MICHIGAN MEDICAL MARIHUANA PATIENT/CAREGIVER ID CARD AND 16 STATE IDENTIFICATION PRIOR TO ENTERING RESTRICTED/LIMITED AREAS OR 17

NON-PUBLIC AREAS OF THE MEDICAL MARIHUANA PROVISIONING CENTER, AND 18 IF NO RESTRICTED/LIMITED AREA IS REQUIRED, THEN PROMPTLY UPON 19 ENTERING THE MEDICAL MARIHUANA PROVISIONING CENTER. 20

21 (N) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 22

HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT ON 23 THE PREMISES. 24

25

(O) IT SHALL BE PROHIBITED TO DISPLAY ANY SIGNS THAT ARE 26

INCONSISTENT WITH LOCAL LAWS OR REGULATIONS OR STATE LAW. 27 28 (P) IT SHALL BE PROHIBITED TO USE ADVERTISING MATERIAL THAT IS 29

MISLEADING, DECEPTIVE, OR FALSE, OR THAT IS DESIGNED TO APPEAL TO 30 MINORS. 31

32 (Q) NO LICENSED MEDICAL MARIHUANA PROVISIONING CENTER SHALL 33

PLACE OR MAINTAIN, OR CAUSE TO BE PLACED OR MAINTAINED, AN 34 ADVERTISEMENT OF MEDICAL MARIHUANA IN ANY FORM OR THROUGH ANY 35 MEDIUM WITHIN THE DISTANCE LIMITATIONS SET FORTH IN SECTION 1300.13 (A) 36

37 (R) CERTIFIED LABORATORY TESTING RESULTS THAT DISPLAY AT A 38

MINIMUM THE TETRAHYDROCANNABINOL (THC), CANNABIDIOL (CBD), TOTAL 39 CANNABINOID TESTING RESULTS, AND A PASS/FAIL RATING BASED ON THE 40

CERTIFIED LABORATORY’S STATE-REQUIRED TESTING MUST BE AVAILABLE TO 41 ALL MEDICAL MARIHUANA PROVISIONING CENTER PATIENTS/CUSTOMERS UPON 42 REQUEST AND PROMINENTLY DISPLAYED. 43

44

1300.10 – MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 45 GROWER FACILITY. 46

25

1

(A) EXCEPT AS MAY BE PREEMPTED BY STATE LAW OR REGUALTION, THE 2 FOLLOWING MINIMUM STANDARDS FOR MEDICAL MARIHUANA GROWER 3 FACILITIES SHALL APPLY: 4

5 (1) THE MEDICAL MARIHUANA GROWER FACILITY SHALL COMPLY AT ALL 6

TIMES AND IN ALL CIRCUMSTANCES WITH THE MMMA, THE MMFLA, THE 7 MTA, AND THE GENERAL RULES OF THE DEPARTMENT OF LICENSING AND 8 REGULATORY AFFAIRS, OR THEIR SUCCESSORS, AS THEY MAY BE AMENDED 9

FROM TIME TO TIME. 10 11 (2) EXCEPT AS PROVIDED BY STATE LAW AND LANSING CITY CHARTER, 12

CONSUMPTION AND/OR USE OF MEDICAL MARIHUANA SHALL BE PROHIBITED 13

AT THE GROWER FACILITY; 14 15

(3) ALL GROWER ACTIVITY RELATED TO THE GROWER FACILITY SHALL BE 16 PERFORMED IN A BUILDING; 17

18 (4) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 19

HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT 20

ON THE PREMISES; 21 22

(5) ANY MEDICAL MARIHUANA GROWER FACILITY SHALL COMPLY WITH 23 THE MTA AND SHALL MAINTAIN A LOG BOOK AND/OR DATABASE 24 IDENTIFYING BY DATE THE AMOUNT OF MEDICAL MARIHUANA AND THE 25

NUMBER OF MEDICAL MARIHUANA PLANTS ON THE PREMISES WHICH SHALL 26

NOT EXCEED THE AMOUNT PERMITTED UNDER THE GROWER LICENSE 27 ISSUED BY THE STATE OF MICHIGAN. THIS LOG SHALL BE AVAILABLE TO 28 LAW ENFORCEMENT PERSONNEL TO CONFIRM THAT THE MEDICAL 29

MARIHUANA GROWER DOES NOT HAVE MORE MEDICAL MARIHUANA THAN 30 AUTHORIZED AT THE LOCATION AND SHALL NOT BE USED TO DISCLOSE 31

MORE INFORMATION THAN IS REASONABLY NECESSARY TO VERIFY THE 32 LAWFUL AMOUNT OF MEDICAL MARIHUANA AT THE FACILITY; 33

34 (6) ALL MEDICAL MARIHUANA SHALL BE CONTAINED WITHIN THE 35

BUILDING IN A LOCKED FACILITY IN ACCORDANCE WITH THE MMMA, THE 36 MMFLA, MTA, AND THE RULES AND REGUALTIONS OF THE MEDICAL 37 MARIHUANA LICENSING BOARD, AS AMENDED; 38

39 (7) ALL NECESSARY BUILDING, ELECTRICAL PLUMBING AND MECHANICAL 40

PERMITS SHALL BE OBTAINED FROM THE CITY OF LANSING OR OTHER 41 APPLICABLE GOVERNMENT AUTHORITY FOR ANY PORTION OF THE 42 STRUCTURE IN WHICH ELECTRICAL WIRING, LIGHTING AND/OR WATERING 43 DEVICES THAT SUPPORT THE CULTIVATION, GROWING OR HARVESTING OF 44 MARIHUANA ARE LOCATED; 45

46

26

(8) THAT PORTION OF THE STRUCTURE WHERE ANY CHEMICALS SUCH AS 1

HERBICIDES, PESTICIDES, AND FERTILIZERS ARE STORED SHALL BE SUBJECT 2 TO INSPECTION AND APPROVAL BY THE LANSING FIRE DEPARTMENT TO 3 INSURE COMPLIANCE WITH THE MICHIGAN FIRE CODES; 4

5 (9) THE DISPENSING OF MEDICAL MARIHUANA AT THE MEDICAL 6

MARIHUANA GROWER FACILITY SHALL BE PROHIBITED; 7 8 (10) THERE SHALL BE NO OTHER ACCESSORY USES PERMITTED WITHIN 9

THE SAME FACILITY OTHER THAN THOSE ASSOCIATED WITH CULTIVATING, 10 PROCESSING, OR TESTING MEDICAL MARIHUANA. MULTI-TENANT 11 COMMERCIAL BUILDINGS MAY PERMIT ACCESSORY USES IN SUITES 12 SEGREGATED FROM MEDICAL MARIHUANA GROWER FACILITY; 13

14 (11) ALL PERSONS WORKING IN DIRECT CONTACT WITH MEDICAL 15

MARIHUANA SHALL CONFORM TO HYGIENIC PRACTICES WHILE ON DUTY, 16 INCLUDING BUT NOT LIMITED TO: 17

18 (I) MAINTAINING ADEQUATE PERSONAL CLEANLINESS; 19 20

(II) WASHING HANDS THOROUGHLY IN ADEQUATE HAND-WASHING 21 AREAS BEFORE STARTING WORK AND AT ANY OTHER TIME WHEN THE 22

HANDS MAY HAVE BECOME SOILED OR CONTAMINATED. 23 24 (III) REFRAINING FROM HAVING DIRECT CONTACT WITH MEDICAL 25

MARIHUANA IF THE PERSON HAS OR MAY HAVE AN ILLNESS, OPEN 26

LESION, INCLUDING BOILS, SORES OR INFECTED WOUNDS, OR ANY OTHER 27 ABNORMAL SOURCE OF MICROBIAL CONTAMINATION, UNTIL THE 28 CONDITION IS CORRECTED. 29

30 (12) LITTER AND WASTE SHALL BE PROPERLY REMOVED AND THE 31

OPERATING SYSTEMS FOR WASTE DISPOSAL ARE MAINTAINED IN AN 32 ADEQUATE MANNER SO THAT THEY DO NOT CONSTITUTE A SOURCE OF 33

CONTAMINATION IN AREAS WHERE MEDICAL MARIHUANA IS EXPOSED; 34 35 (13) FLOORS, WALLS, AND CEILINGS SHALL BE CONSTRUCTED IN SUCH A 36

MANNER THAT THEY MAY BE ADEQUATELY CLEANED AND KEPT CLEAN AND 37 IN GOOD REPAIR; 38

39 (14) THERE SHALL BE ADEQUATE SCREENING OR OTHER PROTECTION 40

AGAINST THE ENTRY OF PESTS. RUBBISH SHALL BE DISPOSED OF SO AS TO 41 MINIMIZE THE DEVELOPMENT OF ODOR AND MINIMIZE THE POTENTIAL FOR 42 WASTE DEVELOPMENT AND MINIMIZE THE POTENTIAL FOR WASTE 43 BECOMING AN ATTRACTANT, HARBORAGE OR BREEDING PLACE FOR PESTS; 44

45

27

(15) ANY BUILDINGS, FIXTURES AND OTHER FACILITIES SHALL BE 1

MAINTAINED IN A SANITARY CONDITION; 2 3 (16) EACH CULTIVATION CENTER SHALL PROVIDE ITS OCCUPANTS WITH 4

ADEQUATE AND READILY ACCESSIBLE TOILET FACILITIES THAT ARE 5 MAINTAINED IN A SANITARY CONDITION AND GOOD REPAIR; 6

7 (17) MEDICAL MARIHUANA THAT CAN SUPPORT THE RAPID GROWTH OF 8

UNDESIRABLE MICROORGANISMS SHALL BE HELD IN A MANNER THAT 9

PREVENTS THE GROWTH OF THESE MICROORGANISMS; 10 11 (18) MEDICAL MARIHUANA GROWER FACILITIES SHALL BE FREE FROM 12

INFESTATION BY INSECTS, RODENTS, BIRDS, OR VERMIN OR ANY KIND; 13

14 (19) MEDICAL MARIHUANA GROWER FACILITIES SHALL PRODUCE NO 15

PRODUCTS OTHER THAN USEABLE MEDICAL MARIHUANA INTENDED FOR 16 HUMAN CONSUMPTION. 17

18 (B) IN FURTHERANCE OF THE PUBLIC HEALTH, SAFETY, AND WELFARE, 19

EXTERIOR SIGNAGE OR ADVERTISING IDENTIFYING THE FACILITY AS A 20

MEDICAL MARIHUANA GROWER FACILITY SHALL BE PROHIBITED. 21 22

(C) VENTING OF MARIHUANA ODORS INTO THE AREAS SURROUNDING THE 23 MEDICAL MARIHUANA GROWER FACILITY IS DEEMED AND DECLARED TO BE A 24 PUBLIC NUISANCE. 25

26

1300.11 – MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 27 SAFETY COMPLIANCE FACILITY. 28

29

(A) EXCEPT AS MAY BE PREEMPTED BY STATE LAW OR REGULATION, THE 30 FOLLOWING MINIMUM STANDARDS FOR SAFETY COMPLIANCE FACILITIES 31

SHALL APPLY: 32 33

(1) THE SAFETY COMPLIANCE FACILITY SHALL COMPLY AT ALL TIMES 34 AND IN ALL CIRCUMSTANCES WITH THE MMMA, THE MMFLA, THE MTA, AND 35 THE GENERAL RULES OF THE MEDICAL MARIHUANA LICENSING BOARD AS 36 THEY MAY BE AMENDED FROM TIME TO TIME; 37

38

(2) EXCEPT AS PROVIDED BY STATE LAW AND SECTION 8-501 OF THE 39 LANSING CITY CHARTER CONSUMPTION AND/OR USE OF MEDICAL 40

MARIHUANA SHALL BE PROHIBITED AT THE FACILITY; 41 42 (3) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 43

HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT 44 ON THE PREMISES; 45

46

28

(4) ANY SAFETY COMPLIANCE FACILITY SHALL MAINTAIN A LOG BOOK 1

AND/OR DATABASE IDENTIFYING BY DATE THE AMOUNT OF MEDICAL 2 MARIHUANA ON THE PREMISES AND FROM WHICH PARTICULAR SOURCE. 3 THE FACILITY SHALL MAINTAIN THE CONFIDENTIALITY OF QUALIFYING 4

PATIENTS IN COMPLIANCE WITH THE MICHIGAN MEDICAL MARIHUANA ACT, 5 AS AMENDED FROM TIME TO TIME; 6

7 (5) ALL MEDICAL MARIHUANA SHALL BE CONTAINED WITHIN THE 8

BUILDING IN AN ENCLOSED, LOCKED FACILITY IN ACCORDANCE WITH THE 9

MMMA, THE MMFLA, AND THE MTA, AND THE RULES AND REGULATIONS OF 10 THE MEDICAL MARIHUANA LICENSING BOARD, AS AMENDED; 11

12 (6) THERE SHALL BE NO OTHER ACCESSORY USES PERMITTED WITHIN THE 13

SAME FACILITY OTHER THAN THOSE ASSOCIATED WITH TESTING MEDICAL 14 MARIHUANA; 15

16 (7) ALL PERSONS WORKING IN DIRECT CONTACT WITH MEDICAL 17

MARIHUANA SHALL CONFORM TO HYGIENIC PRACTICES WHILE ON DUTY; 18 TRAINING PROGRAMS SHALL BE DEVELOPED AND IMPLEMENTED FOR ALL 19 EMPLOYEES ON RECOGNIZED SAFE HEALTH PRACTICES IN A SAFETY 20

COMPLIANCE FACILITY. 21 22

(8) LITTER AND WASTE SHALL BE PROPERLY REMOVED AND THE 23 OPERATING SYSTEMS FOR WASTE DISPOSAL ARE MAINTAINED IN AN 24 ADEQUATE MANNER SO THAT THEY DO NOT CONSTITUTE A SOURCE OF 25

CONTAMINATION IN AREAS WHERE MEDICAL MARIHUANA IS EXPOSED; 26

27 (9) FLOORS, WALLS AND CEILINGS SHALL BE CONSTRUCTED IN SUCH A 28

MANNER THAT THEY MAY BE ADEQUATELY CLEANED AND KEPT CLEAN AND 29

IN GOOD REPAIR; 30 31

(10) ANY BUILDINGS, FIXTURES AND OTHER FACILITIES SHALL BE 32 MAINTAINED IN A SANITARY CONDITION; 33

34 (11) MEDICAL MARIHUANA THAT CAN SUPPORT THE RAPID GROWTH OF 35

UNDESIRABLE MICROORGANISMS SHALL BE HELD IN A MANNER THAT 36 PREVENTS THE GROWTH OF THESE MICROORGANISMS; 37

38

(B) EXTERIOR SIGNAGE OR ADVERTISING IDENTIFYING THE FACILITY AS A 39 MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY SHALL BE PROHIBITED. 40

41

1300.12 – MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 42 PROCESSOR FACILITY AND A MEDICAL MARIHUANA SECURE TRANSPORTER. 43

44

29

(A) EXCEPT AS MAY BE PREEMPTED BY STATE LAW OR REGULATION, THE 1

FOLLOWING MINIMUM STANDARDS FOR A MEDICAL MARIHUANA PROCESSOR 2 FACILITY AND A MEDICAL MARIHUANA SECURE TRANSPORTER SHALL APPLY: 3

4

(1) THE PROCESSOR AND SECURE TRANSPORTER SHALL COMPLY AT ALL 5 TIMES AND IN ALL CIRCUMSTANCES WITH THE MMMA, THE MMFLA, MTA 6 AND THE GENERAL RULES OF THE MEDICAL MARIHUANA LICENSING BOARD 7 AND THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS, OR THEIR 8 SUCCESSORS, AS THE FOREGOING LAWS AND REGULATIONS MAY BE 9

AMENDED FROM TIME TO TIME; 10 11 (2) EXCEPT AS PROVIDED BY STATE LAW AND SECTION 8-501 OF THE 12

LANSING CITY CHARTER, CONSUMPTION AND/OR USE OF MEDICAL 13

MARIHUANA SHALL BE PROHIBITED AT THE PROCESSOR OR SECURE 14 TRANSPORTER FACILITY; 15

16 (3) ALL ACTIVITY RELATED TO THE PROCESSOR FACILITY SHALL BE 17

PERFORMED INDOORS IN A BUILDING; 18 19 (4) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 20

HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT 21 ON THE PREMISES; 22

23 (5) ANY PROCESSOR AND/OR SECURE TRANSPORTER FACILITY SHALL 24

MAINTAIN A LOG BOOK AND/OR DATABASE IN ACCORDANCE WITH THE 25

MMFLA, THE MTA AND THE RULES AND REGULATIONS OF THE MEDICAL 26

MARIHUANA LICENSING BOARD IDENTIFYING BY DATE THE AMOUNT OF 27 MEDICAL MARIHUANA ON THE PREMISES WHICH SHALL NOT EXCEED THE 28 AMOUNT PERMITTED UNDER THE PROCESSOR LICENSE ISSUED BY THE STATE 29

OF MICHIGAN, TO THE EXTENT A STATE PERMIT PROCESS EXISTS. THIS LOG 30 SHALL BE AVAILABLE TO LAW ENFORCEMENT PERSONNEL TO CONFIRM 31

THAT THE PROCESSOR DOES NOT HAVE MORE MEDICAL MARIHUANA THAN 32 AUTHORIZED AT THE LOCATION AND SHALL NOT BE USED TO DISCLOSE 33

MORE INFORMATION THAN IS REASONABLY NECESSARY TO VERIFY THE 34 LAWFUL AMOUNT OF MEDICAL MARIHUANA AT THE FACILITY; 35

36 (6) ALL MEDICAL MARIJUANA WILL BE TAGGED WITH UNIQUE 37

IDENTIFICATION. 38

39 (7) ALL MEDICAL MARIHUANA SHALL BE CONTAINED WITHIN THE 40

BUILDING IN A LOCKED FACILITY IN ACCORDANCE WITH THE MMMA, THE 41 MMFLA, MTA AND THE RULES AND REGULATIONS OF THE MEDICAL 42 MARIHUANA LICENSING BOARD, AS AMENDED; 43

44 (8) ALL NECESSARY BUILDING, ELECTRICAL, PLUMBING AND 45

MECHANICAL PERMITS SHALL BE OBTAINED FOR ANY PORTION OF THE 46

30

STRUCTURE IN WHICH ELECTRICAL WIRING FOR DEVICES THAT SUPPORT 1

THE PROCESSING OR SECURE TRANSPORTING OF MEDICAL MARIHUANA ARE 2 LOCATED; 3

4

(9) THAT PORTION OF THE STRUCTURE WHERE THE STORAGE OF ANY 5 CHEMICALS EXIST SHALL BE SUBJECT TO INSPECTION AND APPROVAL BY 6 THE LANSING FIRE DEPARTMENT TO INSURE COMPLIANCE WITH THE 7 MICHIGAN FIRE PROTECTION CODE; 8

9

(10) THE DISPENSING OF MEDICAL MARIHUANA AT THE MEDICAL 10 MARIHUANA PROCESSOR OR SECURE TRANPORTER FACILITY SHALL BE 11 PROHIBITED EXCEPT AS AUTHORIZED BY LANSING CITY CHARTER AND 12 STATE LAW; 13

14 (11) THERE SHALL BE NO OTHER ACCESSORY USES PERMITTED WITHIN 15

THE SAME FACILITY OTHER THAN THOSE ASSOCIATED WITH THE 16 PROCESSING MULTI-TENANT COMMERCIAL BUILDINGS MAY PERMIT 17

ACCESSORY USES IN SUITES SEGREGATED FROM THE PROCESSOR FACILITY; 18 19 (12) ALL PERSONS WORKING IN DIRECT CONTACT WITH MEDICAL 20

MARIHUANA SHALL CONFORM TO HYGIENIC PRACTICES WHILE ON DUTY, 21 INCLUDING BUT NOT LIMITED TO: 22

23 (I) MAINTAINING ADEQUATE PERSONAL CLEANLINESS; 24 25

(II) WASHING HANDS THOROUGHLY IN ADEQUATE HAND-WASHING 26

AREAS BEFORE STARTING WORK AND AT ANY OTHER TIME WHEN THE 27 HANDS MAY HAVE BECOME SOILED OR CONTAMINATED. 28

29

(III) REFRAINING FROM HAVING DIRECT CONTACT WITH MEDICAL 30 MARIHUANA IF THE PERSON HAS OR MAY HAVE AN ILLNESS, OPEN 31

LESION, INCLUDING BOILS, SORES OR INFECTED WOUNDS, OR ANY OTHER 32 ABNORMAL SOURCE OF MICROBIAL CONTAMINATION, UNTIL THE 33

CONDITION IS CORRECTED. 34 35

(13) LITTER AND WASTE SHALL BE PROPERLY REMOVED AND THE 36 OPERATING SYSTEMS FOR WASTE DISPOSAL ARE MAINTAINED IN AN 37 ADEQUATE MANNER SO THAT THEY DO NOT CONSTITUTE A SOURCE OF 38

CONTAMINATION IN AREAS WHERE MEDICAL MARIHUANA IS EXPOSED; 39 40

(14) FLOORS, WALLS, AND CEILINGS SHALL BE CONSTRUCTED IN SUCH A 41 MANNER THAT THEY MAY BE ADEQUATELY CLEANED AND KEPT CLEAN AND 42 IN GOOD REPAIR; 43

44 (15) THERE SHALL BE ADEQUATE SCREENING OR OTHER PROTECTION 45

AGAINST THE ENTRY OF PESTS. RUBBISH SHALL BE DISPOSED OF SO AS TO 46

31

MINIMIZE THE DEVELOPMENT OF ODOR AND MINIMIZE THE POTENTIAL FOR 1

THE WASTE DEVELOPMENT OF ODOR AND MINIMIZE THE POTENTIAL FOR 2 WASTE BECOMING AND ATTRACTANT, HARBORAGE OR BREEDING PLACES 3 FOR PESTS; 4

5 (16) ANY BUILDINGS, FIXTURES AND OTHER FACILITIES SHALL BE 6

MAINTAINED IN A SANITARY CONDITION; 7 8 (17) EACH MEDICAL MARIHUANA PROCESSOR FACILITY SHALL PROVIDE 9

ITS OCCUPANTS WITH ADEQUATE AND READILY ACCESSIBLE TOILET 10 FACILITIES THAT ARE MAINTAINED IN A SANITARY CONDITION AND GOOD 11 REPAIR; 12

13

(18) MEDICAL MARIHUANA THAT CAN SUPPORT THE RAPID GROWTH OF 14 UNDESIRABLE MICROORGANISMS SHALL BE HELD IN A MANNER THAT 15

PREVENTS THE GROWTH OF THESE MICROORGANISMS; 16 17

(19) PROCESSOR FACILITIES SHALL BE FREE FROM INFESTATION BY 18 INSECTS, RODENTS, BIRDS, OR VERMIN OR ANY KIND; 19

20

(20) PROCESSOR FACILITIES SHALL PRODUCE NO PRODUCTS OTHER THAN 21 USEABLE MEDICAL MARIHUANA INTENDED FOR HUMAN CONSUMPTION. 22

23 (21) ALL MEDICAL MARIHUANA PROCESSORS SHALL BE CERTIFIED AS 24

ACCREDITED UNDER A RECOGNIZED FOOD SAFETY SYSTEM SUCH AS SQF, ISO 25

22000, BRC, OR THE FDA’S FSMA (FOOD SAFETY MODERNIZATION ACT) RULES 26

OR DEMONSTRATE THAT THEY ARE ACTIVELY PURSUING SAID 27 CERTIFICATION AT THE TIME OF THE LICENSING AND OBTAIN SAID 28 CERTIFICATION WITHIN 18 MONTHS OF OPERATION. 29

30 (22) THE PROCESSOR SHALL PAY FOR AND COMPLETE AN ANNUAL AUDIT 31

USING AN ACCREDITED THIRD PARTY AUDITOR RECOGNIZED UNDER 32 WHATEVER FOOD SAFETY SYSTEM THE PROCESSOR IS ACCREDITED UNDER. 33

A COPY OF THE AUDIT REPORT SHALL BE PROVIDED TO THE CITY BY THE 34 AUDITOR WITHIN TEN (10) DAYS OF THE AUDIT COMPLETION. IN THE EVENT 35 THERE ARE DEFICIENCIES IDENTIFIED BY THE AUDITOR, THE PROCESSOR 36 SHALL SUBMIT TO THE CITY A CORRECTION ACTION PLAN TO ADDRESS THE 37 DEFICIENCIES. ALL DEFICIENCIES SHALL BE ADDRESSED WITHIN 30 DAYS OF 38

SUBMITTAL OF THE INITIAL DEFICIENCY REPORT. 39 40

(B) IN FURTHERANCE OF THE PUBLIC HEALTH, SAFETY, AND 41 WELFARE,EXTERIOR SIGNAGE OR ADVERTISING IDENTIFYING THE FACILITY AS 42 A MEDICAL MARIHUANA PROCESSOR FACILITY AND/OR MEDICAL MARIHUANA 43 SECURE TRANSPORTER FACILITY SHALL BE PROHIBITED. 44 45

32

1300.13 – LOCATION, BUFFERING, DISPERSION, AND ZONING REQUIREMENTS 1

FOR OF MEDICAL MARIHUANA PROVISIONING CENTERS. 2 3

(A) EXCEPT IN ACCORDANCE WITH SECTION 1300.18, FOR BUFFERING AND 4 DISPERSION PURPOSES, NO MEDICAL MARIHUANA PROVISIONING CENTER 5 SHALL BE LOCATED WITHIN: 6

7 (1) ONE THOUSAND (1000) FEET, OF AN OPERATIONAL SCHOOL, 8

INCLUDING PRE-KINDERGARTEN THAT IS LOCATED WITHIN A 9 SCHOOL; OR 10

11 (2) FIVE HUNDRED (500) FEET, OF THE FOLLOWING BUFFERED USES: 12

PUBLIC PLAYGROUND EQUIPMENT LOCATED IN A PARK; A 13

COMMERCIAL CHILD CARE ORGANIZATION (NON-HOME 14 OCCUPATION) THAT IS REQUIRED TO BE LICENSED OR REGISTERED 15 WITH THE MICHIGAN DEPARTMENT OF HEALTH AND HUMAN 16 SERVICES, OR ITS SUCCESSOR AGENCY, A CHURCH; A FACILITY AT 17 WHICH SUBSTANCE ABUSE PREVENTION SERVICES OR SUBSTANCE 18 ABUSE TREATMENT AND REHABILITATION SERVICES AND THOSE 19 TERMS ARE DEFINED IN PART 61 OR PA 368 OF 1978, MCL 333.6101 ET 20 SEQ., ARE OFFERED; OR ANOTHER MEDICAL MARIHUANA 21 PROVISIONING CENTER. 22

23 (B) MEDICAL MARIHUANA PROVISIONING CENTERS SHALL BE LIMITED TO F 24

AND F1-COMMERCIAL, G2-WHOLESALE, H-LIGHT INDUSTRIAL, AND I-HEAVY 25 INDUSTRIAL AS SUCH DISTRICTS ARE DESCRIBED AND DESIGNATED AS 26

PROVIDED IN THE ZONING CODE PROVISIONS OF THE LANSING CODIFIED 27 ORDINANCES. 28

29

(C) NO MEDICAL MARIHUANA PROVISIONING CENTER SHALL BE LOCATED 30 WITHIN ANOTHER BUSINESS EXCEPT AS PERMITTED BY THE MEDICAL 31 MARIHUANA LICENSING BOARD REGULATIONS. 32

33

(D) FOR THE PURPOSE OF CALCULATING THE BUFFERING AND DISPERSION 34 REQUIREMENTS OF THIS SECTION 1300.13, THE DISTANCE SHALL BE MEASURED 35 ALONG THE CENTER LINE OF THE STREET OR STREETS OF ADDRESS BETWEEN 36 TWO FIXED POINTS ON THE CENTER LINE DETERMINED BY PROJECTING 37 STRAIGHT LINES, AT RIGHT ANGLES TO THE CENTER LINE, FROM THE PART OF 38

THE BUFFERED USE NEAREST TO THE CONTEMPLATED LOCATION OF THE 39 MEDICAL MARIHUANA ESTABLISHMENT AND FROM THE PART OF THE 40

CONTEMPLATED LOCATION NEAREST TO THE BUFFERED USE. THE DISTANCES 41 FROM THE MEDICAL MARIHUANA ESTABLISHMENT TO THE POINT ON THE 42 CENTERLINE AND FROM THE BUFFERED USE TO THE POINT ON THE CENTERLINE 43 SHALL BE INCLUDED IN THE CALCULATION. FOR PROVISIONING CENTERS 44 LOCATED WITHIN A COMMERCIAL STRIP MALL OR RETAIL CENTER, THE 45

---

33

MEASUREMENT SHALL BE FROM THE PROPERTY LINE OF THE PROVISIONING 1

CENTER TO THE PROPERTY LINE OF ANOTHER PROVISIONING CENTER. 2 3 (E) EXCEPT AS OTHERWISE PERMISSIBLE UNDER THE LANSING CITY 4

CHARTER AT SECTION 8-501, NO PERSON SHALL ALLOW THE CONSUMPTION OF 5 MARIHUANA OR MARIHUANA INFUSED PRODUCTS ON LICENSED PREMISES. 6

7 (F) NO MEDICAL MARIHUANA ESTABLISHMENT SHALL BE LOCATED IN AN 8

UNZONED AREA OR IN AN AREA SUBJECT TO AN AGREEMENT ENTERED INTO 9

PURSUANT TO PUBLIC ACT 425 OF 1984. 10 11

1300.14 – LOCATION OF MEDICAL MARIHUANA GROWER FACILITIES, 12 MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITIES, MEDICAL 13

MARIHUANA PROCESSOR FACILITIES, AND MEDICAL MARIHUANA SECURE 14 TRANSPORTERS. 15

16 (A) ALL MEDICAL MARIHUANA GROWER FACILITIES SHALL BE SUBJECT TO 17

SUBSECTION 1300.13(E) AND LIMITED TO H-LIGHT INDUSTRIAL AND I-HEAVY 18 INDUSTRIAL ZONING DISTRICT AS IDENTIFIED IN THE LANSING CODIFIED 19 ORDINANCES. 20

21 (B) ALL MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITIES, MEDICAL 22

MARIHUANA PROCESSOR FACILITIES, AND MEDICAL MARIHUANA SECURE 23 TRANSPORTER FACILITIES SHALL BE SUBJECT TO SECTION 1300.13(E) AND SHALL 24 BE LIMITED TO THE H-LIGHT INDUSTRIAL, I-HEAVY INDUSTRIAL, OR G2-25

WHOLESALE ZONING DISTRICTS AS IDENTIFIED IN THE LANSING CODIFIED 26

ORDINANCES. 27 28 (C) NO MEDICAL MARIHUANA ESTABLISHMENT SHALL BE LOCATED IN AN 29

UNZONED AREA OR IN AN AREA SUBJECT TO AN AGREEMENT ENTERED INTO 30 PURSUANT TO PUBLIC AT 425 OF 1984. 31

32 (D) EXCEPT AS OTHERWISE PERMISSIBLE UNDER THE LANSING CITY 33

CHARTER AT SECTION 8-501, NO PERSON SHALL ALLOW THE CONSUMPTION OF 34 MARIHUANA OR MARIHUNA INFUSED PRODUCTS ON LICENSED PREMISES. 35

36

37 1300.15 – LICENSE REVOCATION; BASES FOR REVOCATION; APPEAL OF 38

LICENSE DENIAL. 39 40

(A) ANY LICENSE ISSUED UNDER THIS CHAPTER MAY BE REVOKED BY THE 41 CITY CLERK AFTER AN ADMINISTRATIVE HEARING IF THE CITY CLERK FINDS 42 AND DETERMINES THAT GROUNDS FOR REVOCATION EXIST. ANY GROUNDS FOR 43 REVOCATION MUST BE PROVIDED TO THE LICENSEE AT LEAST TEN (10) DAYS 44 PRIOR TO THE DATE OF THE HEARING BY FIRST CLASS MAIL TO THE ADDRESS 45

34

GIVEN ON THE LICENSE APPLICATION OR ANY ADDRESS PROVIDED TO THE CITY 1

CLERK IN WRITING SUBSEQUENT TO THE FILING OF AN APPLICATION. 2 3 (B) A LICENSE APPLIED FOR OR ISSUED UNDER THIS CHAPTER MAY BE 4

DENIED OR REVOKED ON ANY OF THE FOLLOWING BASES: 5 6

(1) A MATERIAL VIOLATION OF ANY PROVISION OF THIS CHAPTER, 7 INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO PROVIDE THE 8 INFORMATION REQUIRED BY SUBSECTION 1300.16(A); OR 9

10 (2) ANY CONVICTION OF A DISQUALIFYING FELONY BY THE LICENSEE, 11 STAKEHOLDER, OR ANY PERSON HOLDING AN OWNERSHIP INTEREST IN 12 THE LICENSE; OR 13

14 (3) COMMISSION OF FRAUD OR MISREPRESENTATION OR THE MAKING OF 15

A FALSE STATEMENT BY THE APPLICANT, LICENSEE, OR ANY 16 STAKEHOLDER OF THE APPLICANT OR LICENSEE WHILE ENGAGING IN 17

ANY ACTIVITY FOR WHICH THIS CHAPTER REQUIRES A LICENSE; OR 18 19 (4) FAILURE TO OBTAIN OR MAINTAIN A LICENSE OR RENEWED LICENSE 20

FROM THE CITY CLERK PURSUANT TO THIS CHAPTER; OR 21 22

(5) FAILURE OF THE LICENSEE OR THE MEDICAL MARIHUANA 23 ESTABLISHMENT TO OBTAIN OR MAINTAIN A LICENSE OR APPROVAL 24 FROM THE STATE PURSUANT TO THE MMFLA; OR 25

26

(6) THE MEDICAL MARIHUANA ESTABLISHMENT IS DETERMINED BY THE 27 CITY TO HAVE BECOME A PUBLIC NUISANCE OR OTHERWISE IS 28 OPERATING IN A MANNER DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY 29

OR WELFARE. 30 31

(C) APPEAL OF DENIAL OF AN APPLICATION OR REVOCATION OF A 32 LICENSE: THE CITY CLERK SHALL NOTIFY AN APPLICANT OF THE REASON(S) 33

FOR DENIAL OF AN APPLICATION FOR A LICENSE OR LICENSE RENEWAL OR 34 FOR REVOCATION OF A LICENSE OR ANY ADVERSE DECISION UNDER THIS 35 CHAPTER AND PROVIDE THE APPLICANT WITH THE OPPORTUNITY TO BE 36 HEARD. ANY APPLICANT AGGRIEVED BY THE DENIAL OR REVOCATION OF A 37 LICENSE OR ADVERSE DECISION UNDER THIS CHAPTER MAY APPEAL TO THE 38

CITY CLERK, WHO SHALL APPOINT A HEARING OFFICER TO HEAR AND 39 EVALUATE THE APPEAL AND MAKE A RECOMMENDATION TO THE CLERK. 40

SUCH APPEAL SHALL BE TAKEN BY FILING WITH THE CITY CLERK, WITHIN 14 41 DAYS AFTER NOTICE OF THE ACTION COMPLAINED OF HAS BEEN MAILED TO 42 THE APPLICANT’S LAST KNOWN ADDRESS ON THE RECORDS OF THE CITY 43 CLERK, A WRITTEN STATEMENT SETTING FORTH FULLY THE GROUNDS FOR 44 THE APPEAL. THE CLERK SHALL REVIEW THE REPORT AND 45 RECOMMENDATION OF THE HEARING OFFICER AND MAKE A DECISION ON 46

35

THE MATTER. THE CLERK’S DECISION MAY BE FURTHER APPEALED TO THE 1

COMMISSION IF APPLIED FOR IN WRITING TO THE COMMISSION NO LATER 2 THAN THIRTY (30) DAYS FROM THE CLERK’S DECISION. THE REVIEW ON 3 APPEAL OF A DENIAL OR REVOCATION OR ADVERSE ACTION SHALL BE BY 4

THE COMMISSION PURSUANT TO SECTION 1300.3. ANY DECISION BY THE 5 COMMISSION ON AN APPEAL SHALL BE FINAL FOR PURPOSES OF JUDICIAL 6 REVIEW. THE CLERK MAY ENGAGE PROFESSIONAL EXPERTS TO ASSIST WITH 7 THE PROCEEDINGS UNDER THIS SECTION 1300.15. 8

9 1300.16 – PENALTIES; TEMPORARY SUSPENSION OF A LICENSE 10

11 (A) THE CITY OF LANSING MAY REQUIRE AN APPLICANT OR LICENSEE OF 12

A MEDICAL MARIHUANA FACILITY TO PRODUCE DOCUMENTS, RECORDS, OR 13

ANY OTHER MATERIAL PERTINENT TO THE INVESTIGATION OF AN 14 APPLICATION OR ALLEGED VIOLATION OF THIS CHAPTER. FAILURE TO 15

PROVIDE THE REQUIRED MATERIAL MAY BE GROUNDS FOR APPLICATION 16 DENIAL OR LICENSE REVOCATION; 17

18 (B) ANY PERSON IN VIOLATION OF ANY PROVISION OF THIS CHAPTER, 19

INCLUDING THE OPERATION OF A MEDICAL MARIHUANA ESTABLISHMENT 20

WITHOUT A LICENSE ISSUED PURSAUNT TO THIS CHAPTER, SHALL BE 21 SUBJECT TO A CIVIL FINE AND COSTS. INCREASED CIVIL FINES MAY BE 22

IMPOSED FOR A REPEAT VIOLATION. AS USED IN THIS SECTION “REPEAT 23 VIOLATION” SHALL MEAN A SECOND OR ANY SUBSEQUENT INFRACTION OF 24 THE SAME REQUIREMENT OR PROVISION COMMITTED BY A PERSON OR 25

ESTABLISHMENT WITHIN ANY 12-MONTH PERIOD. UNLESS OTHERWISE 26

SPECIFICALLY PROVIDED IN THIS CHAPTER, THE PENALTY SCHEDULE IS AS 27 FOLLOWS: 28 29

(1) $750, PLUS COSTS, FOR THE FIRST VIOLATION; 30 (2) $1,000, PLUS COSTS, FOR A REPEAT VIOLATION; 31

(3) $1,000, PLUS COSTS, PER DAY, PLUS COSTS, FOR ANY VIOLATION THAT 32 CONTINUES FOR MORE THAN ONE DAY. 33

34 (C) ALL FINES IMPOSED UNDER THIS CHAPTER SHALL BE PAID WITHIN 45 35

DAYS AFTER THE EFFECTIVE DATE OF THE ORDER IMPOSING THE FINE OR AS 36 OTHERWISE SPECIFIED IN THE ORDER; 37

38

(D) THE CLERK MAY TEMPORARILY SUSPEND A MEDICAL MARIHUANA 39 ESTABLISHMENT LICENSE WITHOUT A PRIOR HEARING IF THE MAYOR FINDS 40

THAT PUBLIC SAFETY OR WELFARE REQUIRES EMERGENCY ACTION 41 AFFECTING THE PUBLIC HEALTH, SAFETY, OR WELFARE. THE CLERK SHALL 42 CAUSE THE TEMPORARY SUSPENSION BY ISSUING A SUSPENSION NOTICE IN 43 CONNECTION WITH INSTITUTION OF PROCEEDINGS FOR NOTICE AND A 44 HEARING; 45 46

36

(E) IF THE CLERK TEMPORARILY SUSPENDS A LICENSE WITHOUT A PRIOR 1

HEARING, THE LICENSEE IS ENTITLED TO A HEARING WITHIN THIRTY (30) 2 DAYS AFTER THE SUSPENSION NOTICE HAS BEEN SERVED ON THE LICENSEE 3 OR POSTED ON THE LICENSED PREMISES. IN THE CASE OF A LICENSE ISSUED 4

FOR A MEDICAL MARIHUANA GROWER FACILITY, THE HEARING SHALL BE 5 HELD WITHIN SEVEN (7) DAYS AFTER THE NOTICE HAS BEEN SERVED ON THE 6 LICENSEE OR POSTED ON THE PREMISES OF THE LICENSED FACILITY. THE 7 HEARING SHALL BE LIMITED TO THE ISSUES CITED IN THE SUSPENSION 8 NOTICE; 9

10 (F) IF THE CLERK DOES NOT HOLD A HEARING WITHIN THIRTY (30) DAYS 11

AFTER THE DATE THE SUSPENSION WAS SERVED ON THE LICENSEE OR 12 POSTED ON THE LICENSED PREMISES, OR IN THE CASE OF A GROWER 13

FACILITY SEVEN (7) DAYS, THEN THE SUSPENDED LICENSE SHALL BE 14 AUTOMATICALLY REINSTATED AND THE SUSPENSION VACATED. 15

16 (G) THE PENALTY PROVISIONS OF THIS CHAPTER ARE NOT INTENDED TO 17

FORECLOSE ANY OTHER REMEDY OR SANCTION THAT MIGHT BE AVAILABLE 18 TO, OR IMPOSED BY THE CITY, INCLUDING CRIMINAL PROSECUTION. 19

20

1300.17 – NO VESTED RIGHTS 21 A PROPERTY OWNER LESSOR, LICENSE APPLICANT, OR LICENSEE SHALL NOT 22

HAVE VESTED RIGHTS OR NONCONFORMING USE RIGHTS THAT WOULD SERVE 23 AS A BASIS FOR FAILING TO COMPLY WITH THIS CHAPTER OR ANY AMENDMENT 24 OF THIS CHAPTER. 25

26

1300.18 – ZONING BOARD OF APPEALS 27 28 (A) WHEN APPLYING FOR A LICENSE AS A PROVISIONING CENTER, AN 29 APPLICANT WHO DOES NOT MEET THE REQUIREMENTS OF SECTION 30 1300.13(A)(1)OR(2) MAY SEEK A VARIANCE FROM THOSE REQUIREMENTS BY 31 SUBMITTING WITH THEIR APPLICATION A WRITTEN APPLICATION TO THE 32 BOARD OF ZONING APPEALS AND PAYING A FEE SET BY COUNCIL RESOLUTION. 33 UPON RECEIVING AN APPLICATION WITH AN ACCOMPANYING APPLICATION 34 FOR A VARIANCE, THE CITY CLERK SHALL DETERMINE WHETHER THE 35 APPLICANT HAS SUBMITTED A COMPLETE APPLICATION MEETING THE 36 REQUIREMENTS OF THIS CHAPTER, AN APPROPRIATE NONREFUNDABLE 37 LICENSE APPLICATION FEE, AND AN APPROPRIATE VARIANCE APPLICATION 38 FEE. IF THE APPLICANT HAS SATISFIED THESE REQUIREMENTS AND THE 39 APPLICANT HAS RECEIVED WRITTEN APPROVALS REQUIRED UNDER THIS 40 CHAPTER, THE CITY CLERK SHALL IMMEDIATELY FORWARD THE APPLICATION 41 TO THE BOARD OF ZONING APPEALS. 42

(1) THE APPLICATION MUST IDENTIFY ALL OF THE REASONS THE 43 APPLICANT DOES NOT MEET THE REQUIREMENTS OF SECTION 44 1300.13(A), INCLUDING, IF APPLICABLE, THE NAME AND ADDRESS OF 45 ANY SUBSTANCE ABUSE TREATMENT, PREVENTION, OR 46 REHABILITATION FACILITY; CHURCH OR OTHER STRUCTURE USED 47

37

FOR RELIGIOUS SERVICES; PUBLIC PARK CONTAINING PUBLIC 1 PLAYGROUND EQUIPMENT; OR PROVISIONING CENTER THAT IS 2 WITHIN 500 FEET OF THE APPLICANT’S LOCATION. 3

4 (2) UPON RECEIPT OF A APPLICATION MEETING THE REQUIREMENTS 5

OF SUBSECTION (A), THE BOARD SHALL GIVE NOTICE TO THE 6 OCCUPANTS OF ANY RESIDENTIAL OR COMMERCIAL BUILDINGS 7 WITHIN THE BUFFERED USE DISTANCES SET FORTH IN SECTION 8 1300.13(A) OF THE APPLICANT’S LOCATION. IF THE OCCUPANT’S 9 NAME IS NOT KNOWN, THE TERM “OCCUPANT” MAY BE USED. 10 THE NOTICES SHALL BE DELIVERED PERSONALLY OR BY MAIL 11 AT THE ADDRESS GIVEN IN THE LAST ASSESSMENT ROLL. 12

13 (3) THE BOARD OF ZONING APPEALS SHALL EITHER GRANT OR DENY 14

THE VARIANCE WITHIN A REASONABLE TIME. IN DETERMINING 15 WHETHER TO GRANT OR DENY THE VARIANCE, THE BOARD OF 16 ZONING APPEALS SHALL CONSIDER ALL OF THE FOLLOWING: 17 (I) THE AMOUNT OF TIME, IF ANY, THAT THE APPLICANT HAS 18

LEGALLY BEEN OPERATING IN COMPLIANCE WITH THIS 19

CHAPTER AT THE PRESENT LOCATION; 20

(II) THE EXTENT TO WHICH THE APPLICANT HAS DEMONSTRATED 21 A COMMITMENT TO THE LAND USE AND PUBLIC NUISANCE 22

CONCERNS IN THE SURROUNDING NEIGHBORHOOD; 23

(III) THE DISTANCE BETWEEN THE APPLICANT’S LOCATION AND 24 ANY MEDICAL MARIHUANA PROVISIONING CENTER THAT IS 25 WITHIN 500 FEET OF THE APPLICANT’S LOCATION. 26

(IV) THE NEED FOR A PROVISIONING CENTER AT THE LOCATION IN 27

ORDER TO PROVIDE THE SAFE AND EFFICIENT ACCESS TO 28 MEDICAL MARIHUANA WITHIN THE CITY; 29

(V) THE CHARACTER OF THE STRUCTURE AND ITS 30 SURROUNDINGS; AND 31

(VI) THE IMPACT OF THE VARIANCE ON THE CHARACTER OF THE 32 STRUCTURE’S SURROUNDINGS AND OWNERS OF OTHER 33

PROPERTIES IN THE VICINITY. 34 35

(4) IF THE BOARD OF ZONING APPEALS APPROVES THE VARIANCE, THE 36 APPLICATION AND DECISION SHALL IMMEDIATELY BE SUBMITTED 37 TO THE CITY CLERK FOR FURTHER PROCESSING UNDER THIS 38 CHAPTER. 39

40 1300.19 – SUNSET 41

42 PURSUANT TO SECTION 3-307 OF THE LANSING CITY CHARTER, THIS CHAPTER 43 SHALL EXPIRE DECEMBER 1, 2027. 44 45

38

SECTION 2. ALL ORDINANCES, RESOLUTIONS OR RULES, PARTS OF ORDINANCES, 1

RESOLUTIONS OR RULES, INCONSISTENT WITH THE PROVISIONS HEREOF ARE HEREBY 2

REPEALED IN THEIR ENTIRETY AND SHALL BE VOID AND OF NO EFFECT. 3

SECTION 3. SHOULD ANY SECTION, CLAUSE OR PHRASE OF THIS ORDINANCE BE 4

DECLARED TO BE INVALID, THE SAME SHALL NOT AFFECT THE VALIDITY OF THE 5

ORDINANCE AS A WHOLE, OR ANY PART THEREOF, OTHER THAN THE PART DECLARED 6

TO BE INVALID. 7

SECTION 4. THIS ORDINANCE SHALL TAKE EFFECT ON THE 30TH

DAY AFTER 8

ENACTMENT UNLESS GIVEN IMMEDIATE EFFECT BY THE CITY COUNCIL. 9

CITY OF HAZEL PARK

COUNTY OF OAKLAND

ORDINANCE NO. 03 - \ It

AN ORDINANCE TO AMEND TITLE 5 BUSINESS LICENSES AND REGULATIONS BY AMENDING CHAPTER 5.04 MEDICAL MARIHUANA FACILITIES LICENSING ACT, SECTIONS 5.04.010 THROUGH 5.04.090 TO PROVIDE AND ESTABLISH A PROCESS AND PROCEDURE FOR THE APPLICATION AND LICENSING REQUIREMENT FOR MEDICAL MARIHUANA FACILITIES AND GROWING OPERATIONS WITHIN THE CITY OF HAZEL PARK AND TO PROVIDE FOR THE SUSPENSION AND REVOCATION FOR VIOLATIONS THEREOF.

THE CITY OF HAZEL PARK ORDAINS:

PART!. AMENDMENT.

This Ordinance hereby amends Title 5, Business Licenses and Regulations, Chapter 5.04 Medical Marihuana Facilities Licensing Act, Sections 5.04.010 through 5.04.090, to read as follows:

Section 5.04.010 Definitions:

1. Provisioning Center: means an authorized commercial entity that purchases or transfers marijuana from a grower or processor and sells or transfers only to registered qualifying patients or registered primary caregivers.

a. All sales or transfers of marihuana to a registered primary caregiver or registered patient shall be made only after it has been tested and bears the label required for retail sale. All transfers of marihuana to a provisioning center from a separate marihuana facility shall be by means of a secure transporter.

2. Grower: means a licensed commercial entity, located within the State of Michigan, that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

3. Safety compliance facility: means a facility authorized to receive marihuana from, test marihuana for, and return marihuana to a licensed marihuana facility.

4. Processor: means a licensee that is a commercial entity located in this state 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.

5. 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.

6. Person: means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.

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7. Marihuana Facility: means a location at which a license holder is licensed to operate under the Medical Marihuana Facilities Licensing Act. (Michigan Public Act 281 of2016).

8. Facility: means processor, secure transporter, provisioning center and/or safety compliance facility.

Section 5.04.020 Number and types of License:

The number of each of the licenses listed herein shall be limited to four each, unless otherwise determined by resolution of the City Council.

1. Grower a. Class a (up to 500 plants) b. Class b (up to 1,000 plants) c. Class c (up to 1,500 plants)

2. Processor 3. Secure transporter 4. Provisioning center 5. Safety compliance facility

An increase in the number of licenses issued, shall be determined by resolution of city council based upon the following: a. The number of existing licenses currently issued per area and location, b. The distance between existing licensed facilities and/or growing operations, c. The distance requirement from existing public schools K through 12

Once the limit is reached no further applications will be accepted and existing applications will be held in the order received when a license becomes available. Applications older than 12 months must be resubmitted with updated information in order to be considered for any license which becomes available.

Any license issued must be established and a certificate of occupancy issued within 6 months, or the licensee shall surrender the license if the use is not established within the required time.

Zoning approval shall be required prior to issuance of any license. Zoning approval does not guarantee a license for any proposed facility or growing operation.

Section 5.04.030 License Required:

a. No person shall own or operate a Medical Marihuana Facility ("Facility") or Grow Operation in the City without first applying for and receiving a license from the City Clerk's office and the State of Michigan.

b. A Facility or grow operation shall not include a club, cafe, or other design that permits consumption of medical maribuana at the facility or grow operation.

c. A license is not transferable and shall only apply to the person listed on the license. d. Licenses shall be valid for a period of one year, from July 1st to June 30th•

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e. Applications to renew a license shall be filed at least 30 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by an annual license fee of $5,000.00.

f. Licenses shall be displayed at all times, inside the location, in an open and conspicuous place.

g. Every applicant shall pay a nonrefundable application fee of$!, 000.00 at the time of initial application and an additional $4,000.00 prior to issuance for an initial license.

h. A use purporting to be engaged in the medical use of marihuana prior to enactment of the Michigan Medical Marihuana Facilities Licensing Act, or prior to being registered with the Michigan Department of Community Health, shall be deemed to not be a legally established use and not entitled to legal nonconforming status under the provision of this ordinance and under state law.

Section 5.04.040 Application.

Every applicant for a license to maintain, operate or conduct a Medical Marihuana Facility or Grow Operation shall file an application under oath with the City Clerk's office upon a form provided by the city, the application shall contain the following:

a. The particular license or licenses for which the applicant is applying. b. An explanation of the services to be provided and a completed medical marihuana

checklist, upon a form provided by the city clerk's office. c. Name and address of applicant.

a. If applicant is a corporation, LLC, Partnership or Trust, the names and addresses of each officer, director, member, partner or beneficiary.

b. Copy of applicant's driver's license or state Identification. d. Employment and/or business history of the applicant for the past three years. e. Address of the proposed facility, designate whether the proposed facility will be new

construction or renovation of an existing building. a. If a leased facility, an executed copy of the lease for the premises where the

facility is proposed to be operated and a separate written consent from the owner of the premises authorizing the use of the premises.

f. List of any community involvement with the city of Hazel Park. g. Provide the proposed gross revenue to be generated from the facility for the ensuing

year. A description of the type of marihuana facility; anticipated or actual number of employees; and projected or actual gross receipts.

h. The days and hours the facility is proposed to be open or in operation. 1. All criminal convictions, fully disclosing the jurisdiction of the conviction. J. Whether the applicant applied for a license from the state. k. Name and address of registered caregiver and years caregiver has been licensed. I. Provide the sources and total amount of the applicant's capitalization to operate and

maintain the proposed marihuana facility.

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m. Has applicant had filed, or been served with, a complaint or other notice filed with any public body, regarding the delinquency in the payment of, or a dispute over the filings concerning the payment of, any tax required under federal, state, or local law.

Section 5.04.050 General Requirements.

No license to conduct a Medical Marihuana Facility or Medical Marijuana Grow Operation shall be issued unless the city confirms that the proposed Facility or grow operation complies with the following requirements:

a. The proposed location is in an allowable zoning district. b. There shall be no entrance or exit way which provides direct access to another type of

business, residence or living quarters. c. Hours of operation shall be no earlier than 8:00 a.m., and no later than 8 p.m., except

for staff necessary at a Medical Marihuana Grow Operation. d. Smoking and or use of medical marihuana are prohibited in any Medical Marihuana

Facility or Grow Operation. e. Signs shall comply with the city's sign ordinance and shall not use the word

marihuana/marijuana or any other word or phrase which would refer to marihuana; nor may pictures of a leaf or leaves, green cross or any other rendering which would depict marihuana/marijuana be displayed on a sign or any part of the building. Only one sign per building shall be allowed.

f. A site plan shall be required, showing the proposed building( s) to be used, remodeled or reconstructed, along with the parking, landscaping and lighting plans.

g. Waste disposal, chemical disposal and plant waste disposal plan required. h. Residential uses within the same structure/building is prohibited. 1. Outdoor Storage or discharge of toxic, flammable or hazardous materials into city

sewer or storm drains is prohibited. J. A copy of premises liability and casualty damage insurance in the amount of One

Million Dollars shall be submitted to the city when the applicant has been notified that they are ready for final approval.

k. That at the time of the application, the applicant's proposed facility is not within 500 feet of a K through 12 public school building.

I. Each facility or grow operation shall be bonded to guarantee that all accounting and taxes are paid in full according to the law and that the operation or facility performs in accordance with all government standards.

Section 5.04.060 Specific Requirements:

A. Grower Facility:

a. No marihuana shall be cultivated, grown, manufactured or processed in any manner that would emit odors beyond the interior of the structure or which is otherwise discernable to another person. The odor must be prevented by the installation of an operable filtration or ventilation and exhaust equipment and

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odors must otherwise be effectively confined to the interior of the building from which the odor is generated.

b. Noise shall not be emitted beyond the interior of the structure. c. No outdoor storage. d. Security and floor plan for indoor storage of chemicals must be provided.

B. Processor Facility: a. No marihuana shall be cultivated, grown, manufactured or processed in any

manner that would emit odors beyond the interior of the structure or which is otherwise discernable to another person. The odor must be prevented by the installation of an operable filtration to ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building or dwelling from which the odor is generated.

b. Noise shall not be emitted beyond the interior of the structure. c. No outdoor storage.

C. Provisioning Center: a. The sale or dispensing of alcohol is prohibited. b. The applicant and each investor in the provisioning center must not have an

interest in a secure transporter or safety compliance facility. c. Not allow a physician to conduct a medical examination or issue a medical

certification document on the premises for the purpose of obtaining a registry identification card.

d. No outdoor storage. e. Products and /or supplies may not be sampled in or on the premises. f. Security and floor plan for indoor storage must be provided.

D. Secure Transporter Facility: a. To be eligible for a secure transporter license, the applicant and each investor

with an interest in the secure transporter must not have an interest in a grower, processor, provisioning center, or safety compliance facility and must not be a registered qualifying patient or a registered primary caregiver.

b. Each driver transporting marihuana must have a Michigan Chauffeur's license.

c. Each vehicle shall be operated by at least a 2 person crew. d. The secure transporting vehicle shall not bear any markings or identification

that it is carrying marihuana or a marihuana infused product. e. No outdoor storage.

E. Safety Compliance Facility: a. Shall have a secured laboratory space that cannot be accessed by the general

public. b. No outdoor storage.

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c. Have appropriate education, training and/or experience to comply with State regulations on testing medical marihuana.

Section 5.04.065 Operation at a same location -grower, processor and provisioning center.

1. Any combination of the following types of operating licenses may operate as separate marihuana facilities at the same location: Grower, Processor, provisioning center.

2. To operate at a same location all of the following apply: a. The state has authorized the proposed operation at the same location; b. The operation at a same location shall not be in violation of any city ordinances or

regulations; c. Each marihuana facility shall do all of the following:

1. Apply for and be granted separate state and city operating licenses; n. Have distinct and identifiable area with designated structures that are

contiguous and specific to the operating license; 111. Have separate entrances and exits, inventory, record keeping and point of

sale operations, if applicable; 1v. Post the state and city licenses on the wall in a distinct area and as provided

in this ordinance v. Have the required inspections and permits for each building.

3. Operation at the same location that includes a licensed provisioning center shall have the entrance and exit to the licensed provision center marihuana facility and entire inventory physically separated from any of the other licensed marihuana facility or facilities so that persons can clearly identify the retail entrance and exit.

Section 5.04.070 Review, Grant or Denial of a license

A. Denial:

(1) The City shall use information provided on the application as a basis to conduct a thorough background investigation on the applicant. A false application or denial of a license at the state level is cause to deny a license.

(2) An applicant is ineligible to receive a license if any of the following circumstances exist:

(a) The applicant has been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past 10 years or has been convicted of a controlled substance-related felony within the past 10 years.

(b) Within the past 5 years the applicant has been convicted of a misdemeanor involving a controlled substance, theft, dishonesty, or fraud in any state or been found responsible for violating a local ordinance in any state involving a controlled substance, dishonesty, theft, or fraud that substantially corresponds to a misdemeanor in that state.

(c) The applicant has knowingly subinitted an application for a license under this act that contains false information.

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( d) The applicant fails to demonstrate the applicant's ability to maintain adequate premises liability and casualty insurance for its proposed marihuana facility.

B. Factors considered for granting a license:

(1) In determining whether to grant a license to an applicant, the city may also consider all of the following:

(a) The integrity, moral character, and reputation; personal and business probity; financial ability and experience; and responsibility or means to operate or maintain a marihuana facility of the applicant.

(b) The financial ability of the applicant to purchase and maintain adequate liability and casualty insurance.

( c) The sources and total amount of the applicant's capitalization to operate and maintain the proposed marihuana facility.

( d) Whether the applicant has been indicted for, charged with, arrested for, or convicted of, pied guilty or nolo contendere to, forfeited bail concerning, or had expunged any relevant criminal offense under the laws of any jurisdiction, either felony or misdemeanor, not including traffic violations, regardless of whether the offense has been expunged, pardoned, or reversed on appeal or otherwise.

e) Whether the applicant has filed, or had filed against it, a proceeding for bankruptcy within the past 7 years.

(f) Whether the applicant has been served with a complaint or other notice filed with any public body regarding payment of any tax required under federal, state, or local law that has been delinquent for 1 or more years.

(g) Whether the applicant has a history of noncompliance with any regulatory requirements in this state or any other jurisdiction.

(h) Whether at the time of application the applicant is a defendant in litigation involving its business practices.

(i) The security proposed for the Facility or grow operation, and safety compliance plan.

G) Neighborhood compatibility plan.

(k) The applicant's business plan, considering the applicant's business experience within the past ten years, history of performance and profit and loss statements for each business.

(1) Community involvement, including, but not limited to, charitable contributions and involvement.

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(m) Consideration of the effects of the proposed facility and/or growing operation on neighboring properties.

(n) Written acknowledgment that the premises and surveillance and security camera recordings for protection of the public safety are subject to inspection for purposes of determining compliance with state and local laws, without a search warrant.

Section 5.04.075 Granting oflicense.

1. Grant of initial licenses. Council shall confirm compliance with all requirements and factors in the granting of initial licenses. If the number of applicants meeting the requirements herein exceed the number of available licenses the council shall rank the applicants in order, considering the factors outlined in section 5.04.070 and consideration of the site plan proposed for the facility or growing operation; new construction and thereafter reconstruction of buildings shall be ranked higher than those applications proposing existing buildings. Ranking shall be based upon a 0 to 10 scale for each factor including zoning compliance with a 0 meaning does not comply and a 10 meaning exceeds compliance.

2. For the first year, applications for licenses, special use permit and site plan review shall be submitted no earlier than February 1, 2018 and no later than February 28, 2018. Applications shall be reviewed within 30 days after site plan approval.

Section 5.04.080 Violations, Penalties, Revocation

(1) If an applicant or licensee fails to comply with this ordinance, if a licensee no longer meets the eligibility requirements for a license under this ordinance, or if an applicant or licensee fails to provide information the city requests to assist in any investigation or inquiry, the city may deny, suspend, or revoke a license.

(2) The City Manager may suspend a license without notice or hearing upon a determination that the safety or health of patrons or employees is jeopardized by continuing a marihuana facility's operation. If the license is suspended without notice or hearing, a prompt post suspension hearing must be held to determine if the suspension should remain in effect. The suspension may remain in effect until the city Manager determines that the cause for suspension has been abated. The City Manager may revoke the license upon a determination that the licensee has not made satisfactory progress toward abating the hazard. A license will automatically be revoked upon revocation or denial of a license under the Medical Marihuana Facilities License Act by the State.

(3) Any party aggrieved by an action of the City Manager suspending or revoking a license shall be given a hearing before the City Council upon request. A request for a hearing must be made to the City Clerk's Office, in writing within 21 days after service of notice of the action of the City Manager.

( 4) The City may conduct investigative and contested case hearings; issue subpoenas for the attendance of witnesses; issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents; and

8

administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties of the board under this act.

(5) In addition to the sanctions outlined in paragraphs (I) through (4) of this section, any person who violates any provision of this Ordinance shall be responsible for a civil infraction and subject to the payment of a civil fine of $1,000.00 for each offense.

Section 5.42.090 City Responsibility.

The City Clerk shall provide the following information to the State Licensing Board within 90 days after the municipality receives notification from the applicant that he or she has applied for a license under this act:

(a) A copy of the local ordinance that authorizes the marihuana facility.

(b) A copy of any zoning regulations that apply to the proposed marihuana facility within the municipality.

( c) A description of any violation of the local ordinance or zoning regulations included under subdivision (a) or (b) committed by the applicant, but only if those violations relate to activities licensed under this act or the Michigan medical marihuana act.

(2) The municipality's failure to provide information to the board shall not be used against the applicant.

(3) Information a municipality obtains from an applicant related to licensure under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

PART II. SEVERABILITY.

Should any section, subdivision, clause or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance of a whole or in part, should not be affected other than the part declared invalid.

PART Ill. REPEALER.

To the extent that any other Ordinance, or section or portion thereof, conflicts with or is inconsistent with this Ordinance, that Ordinance, or section or portion thereof, is hereby repealed.

PART IV. EFFECTIVE DATE; EMERGENCY DECLARATION; PUBLICATION.

The City Council has determined that the provisions of this Ordinance are an emergency and shall have immediate effect and shall be published within ten days after its adoption by a brief notice in a newspaper circulated in the city, stating the date of the enactment and the effective date of this Ordinance and such other facts as the Clerk shall deem pertinent, and that a copy of the Ordinance is available for public use and inspection at the office of the City Clerk.

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MADE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HAZEL PARK, OAKLAND COUNTY, MICHIGAN ON THE _lli_DAY OF ::5:°'""'-v-~ , 2018.

Date of Adoption: I / f (o / I % Date of Publication: I /cJ. 'I I I~

Effective date: I // l.. / I '&

CERTIFICATE OF ADOPTION

/~~-

(MICHAEL WEBB, MAYOR

¼ ~ ESFINKL~

It is hereby certified that the foregoing is a true and complete copy of an Ordinance passed as a regular meeting of the City Council of the City of Hazel Park, held on the /1,,, day of ;[ CUA.u 7 , 2 0 18.

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P a g e | 1 DRAFT-SNV10.30.17

City of Niles, Michigan 333 N 2nd Street, Suite 301

Niles, MI 49120 269-683-4700

Request for Proposals Medical Marihuana Proposers

Proposals are due at the address shown above no later than Friday, December 1, 2017 at 4:00pm EST

City of Niles Designated Contact: Linda Casperson, City Clerk Questions must be submitted electronically only, no telephone calls accepted

Email: CityClerk@nilesmi.org

Introduction

The City of Niles, Michigan (hereafter referred to as “The City”), a duly organized municipality in the State of Michigan, is soliciting proposals from highly qualified medical marihuana businesses seeking licensure within the City limits.

Submission Instructions The anticipated schedule for this Request for Proposal is as follows:

RFP Issued: November 14, 2017 Pre-Submission Bidder’s Forum: TBD Last Date for Questions: TBD Proposal Due Date: December 1 2017 Projected Award Date: TBD

Sealed proposals marked “Medical Marihuana Proposal” will be received by the City of Niles in the Office of the City Clerk at 333 N. Second Street, Ste. 301, Niles, Michigan 49120 no later than Friday, December 1, 2017 at 4:00pm EST. Please submit one (1) original and ten (10) copies of your response to this RFP. There are no page limits and no requirements for font, margin and/or paper size. Respondents must also submit a pdf of their proposal on CD or jump drive.

The City Clerk’s business hours are 8:00am – Noon and 1:00pm to 5:00pm Monday through Friday. Additionally, the City of Niles is closed on most recognized holidays.

All proposals received and date/time stamped by the Niles City Clerk prior to the proposal submittal deadline shall be accepted as timely submitted. No late proposals will be accepted or reviewed. Proposals will be opened promptly at the time and date specified.

The responsibility for submitting a proposal on or before the stated time and date is solely and strictly the responsibility of the Proposer. Proposers are responsible for informing any commercial delivery service, if

P a g e | 2 DRAFT-SNV10.30.17

used, of all delivery requirements and for ensuring that the required address information appears on the outer wrapper or envelope used by such service. The City of Niles will in no way be responsible for delays caused by mail delivery or caused by any other occurrence. All expenses involved with the preparation and submission of proposals to the City of Niles, or any work performed in connection therewith, shall be borne by the Proposer(s).

The submittal of a proposal by a Proposer will be considered by the City of Niles as constituting an offer by the Proposer to adhere to the medical marihuana Proposer services in the manner outlined in their proposal. A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date. The City of Niles will consider only the latest version of the proposal.

Requests for additional information or inquiries must be made in writing and received by the City of Niles’ designated contact person for this Solicitation. The City of Niles will issue responses to inquiries and may issue changes to this Solicitation it deems necessary in written addenda issued prior to the proposal due date. All respondents should carefully monitor the City’s website at www.nilesmi.org for FAQs and updates to the proposal.

Definitions

A. “Acts” means any or any combination thereof of the following Michigan State laws:

1. “Michigan Medical Marihuana Act” or “MMMA” means 2008 IL1, MCL 333.26421 et seq. as, may be amended.

2. “Michigan Medical Marihuana Facilities Licensing Act” or “MMFLA” means Public Act 282 of 2016, MCL 333.27901 et seq., as may be amended

3. "Michigan Marihuana Tracking Act" means Public Act 282 of 2016, MCL 333.27901 et seq., as may be amended.

B. “Applicant” means a person who applies for a State operating license. With respect to disclosures in an application, or for purposes of ineligibility for a license, the term applicant includes an officer, director, managerial employee of the applicant and a person who holds any direct or indirect ownership interest in the applicant.

C. “Board” means the medical marihuana licensing board created pursuant to Part 3 of the MMFLA.

D. "Caregiver" or “Registered primary caregiver” means a registered primary caregiver who has been issued a current registry identification card under the Acts.

E. "Cultivate" or "Cultivation" means (1) all phases of medical marihuana growth from seed to harvest; and (2) the preparation, packaging, and labeling of harvested usable medical marihuana.

F. "Department" or “LARA” means or refers to the State of Michigan Department of Licensing and Regulatory Affairs, or its successor agency.

G. "Grower" means a licensee that is a commercial entity that cultivates, dries, trims, or cures and packages medical marihuana for sale to a processor or provisioning center.

H. "Licensee" means an individual or legal entity holding a State operating license.

I. "Medical Marihuana" means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

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J. "Medical marihuana commercial entity" means any and all of the following medical marihuana facilities:

1. a grower

2. a processor

3. a secure transporter

4. a provisioning center

5. a safety compliance facility

K. "Marihuana facility" means a location at which a licensee is licensed to operate under the Acts and this Ordinance.

L. "Marihuana plant" means any plant of the species Cannabis Sativa L.

M. "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable medical marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused products shall not be considered a food for purposes of the food law, 2000 PA92, MCL 289.1101 et seq.

N. “Michigan Medical Marihuana Act” or “MMMA” means 2008 IL1, MCL 333.26421 et seq. as, may be amended.

O. “Michigan Medical Marihuana Facilities Licensing Act” or “MMFLA” means Public Act 282 of 2016, MCL 333.27901 et seq., as may be amended

P. "Michigan Marihuana Tracking Act" means Public Act 282 of 2016, MCL 333.27901 et seq., as may be amended.

Q. "Paraphernalia" means any equipment, product, or material of any kind that is designed for or used in growing, cultivating, producing, manufacturing, compounding, converting, storing, processing, preparing, transporting, injecting, smoking, ingesting, inhaling, or otherwise introducing into the human body, medical marihuana.

R. “Patient” or “Registered Qualifying Patient” means a qualifying patient who has been issued a current registry identification card under the Acts or a visiting qualifying patient as that term is defined in the Acts.

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. "Plant" means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.

U. "Processor" means a licensee that is a commercial entity that purchases medical marihuana from a grower and that extracts resin from the marihuana or creates a medical marihuana-infused product for sale and transfer in packaged form to a provisioning center.

V. “Proposer” or “Submitter” or “Respondent”: the person, firm, entity or organization submitting a response to this Solicitation.

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W. "Provisioning center" means a licensee that is a commercial entity that purchases medical marihuana or medical marihuana infused product, from a grower or processor and sells, supplies, or provides medical marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers.

1. Provisioning center includes any commercial property where medical marihuana or medical marihuana infused products are sold at retail to registered qualifying patients or registered primary caregivers.

2. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the Department's medical marihuana registration process in accordance with the Acts is not a provisioning center for purposes of this Ordinance.

X. “Registry identification card” means that term as defined in the Acts.

Y. “Rules” mean rules promulgated by the Department in consultation with the Board to implement the Acts.

Z. “Safety compliance facility” means a licensee that is a commercial entity that receives medical marihuana from a medical marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results and may return the medical marihuana to the originating medical marihuana facility.

AA. "Secure transporter" means a licensee that is a commercial entity that stores medical marihuana and transports medical marihuana between medical marihuana facilities for a fee.

BB. “Solicitation” or “RFP”: This Request for Proposals (RFP) CC. “State” means Michigan unless otherwise specified.

DD. "State operating license" or, unless the context requires a different meaning, "license" means a license that is issued under the Acts and this Ordinance that allows the licensee to operate as 1 of the following medical marihuana commercial entities, as specified in the license:

1. A grower.

2. A processor.

3. A secure transporter.

4. A provisioning center.

5. A safety compliance facility.

EE. "Statewide monitoring system" or, unless the context requires a different meaning, "system" means an internet-based, Statewide database established, implemented, and maintained by the Department under the Acts, that is available to licensees, law enforcement agencies, and authorized State departments and agencies on a 24-hour basis for all of the following:

1. Verifying registry identification cards.

2. Tracking medical marihuana transfer and transportation by licensees, including transferee, date, quantity, and price.

3. Verifying in commercially reasonable time that a transfer will not exceed the limit that the

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patient or caregiver is authorized to receive under Section 4 of the Michigan Medical Marihuana Act, MCL 333.26424.

FF. "True party of interest" means:

1. For an individual or sole proprietorship: the proprietor and spouse.

2. For a partnership and limited liability partnership: all partners and their spouses. For a limited partnership and limited liability limited partnership all general and limited partners and their spouses. For a limited liability company: all members, managers and their spouses.

3. For privately held corporation: all corporate officers or persons with equivalent titles and their spouses and all stockholders and their spouses.

4. For a publically held corporation: all corporate officers or persons with equivalent titles and their spouses.

5. For a multilevel ownership enterprise: any entity or person that receives or has the right to receive a percentage of the gross or net profit from the enterprise during any full or partial calendar or fiscal year.

6. For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses.

7. For a trust: the names of the beneficiaries. However, "true party of interest" does not mean:

a. A person or entity receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation, unless the lessor or property manager exercises control over or participates in the management of the business.

b. A person who receives a bonus as an employee if the employee is on a fixed wage or salary and the bonus is not more than 25% of the employee's pre-bonus annual compensation or if the bonus is based on a written incentive or bonus program that is not out of the ordinary for the services rendered.

GG. "Usable medical marihuana" means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.

HH.“Zoning Ordinance” means the City of Niles Zoning Ordinance: http://www.nilesmi.org/document_center/department/community%20dev%20program/Zoning/Niles%20Zoning%20Ordinance%20-%20Final%20-%20February%2011%202007.pdf

Attachments:

1. City of Niles Medical Marihuana Opt-In (Police Powers) Ordinance 2. City of Niles Zoning Ordinance Amendment 3. City of Niles Special Land Use Application 4. City of Niles Site Plan Review Checklist

Rules, Regulations, and Licensing Requirements

The Proposer shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Proposers are presumed to be familiar

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with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, including, but not limited to:

1. “Michigan Medical Marihuana Act” or “MMMA” means 2008 IL1, MCL 333.26421 et seq. as, may be amended.

2. “Michigan Medical Marihuana Facilities Licensing Act” or “MMFLA” means Public Act 282 of 2016, MCL 333.27901 et seq., as may be amended

3. "Michigan Marihuana Tracking Act" means Public Act 282 of 2016, MCL 333.27901 et seq., as may be amended.

4. “Michigan’s Public Health Code 333.7410(2)” states that anyone 18 years or older who delivers a Schedule I or II controlled substance or other narcotic drug to another person on or within 1,000 feet of school property or a library shall be punished by a term of prison for at least two years or up to three times the original prison sentence under the law as well as a fine of not more than three times the original fine.

Proposal and Contract Expectations and Terms Fees

Proposers are requested and advised to be as complete as possible in their response. The City reserves the right to 1) contact any proposer to clarify any response; 2) contact any current users of the proposer’s services; 3) solicit information from any available source concerning any aspect of the proposal; 4) check references; 5) conduct credit and background checks; and, 6) seek and review any other information deemed pertinent to the evaluation process.

The City reserves the right to cancel this RFP, or to reject, in whole or in part, any and all proposals received in response to this RFP, upon its determination that such cancellation or rejection is in the best interest of the City. The City further reserves the right to waive any minor informalities or the failure of any Proposer to comply therewith, if it is in the public interest to do so. Finally, the City reserves the right to terminate the process at any time, if deemed by the City to be in its best interests.

The City reserves the right to reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services.

The City reserves the right not to award a license pursuant to this RFP. Proposals which appear unrealistic in the terms of planning, compliance or economic viability may be rejected.

The City reserves the right to request and evaluate additional information from any respondent regarding respondent's responsibility after the submission deadline as the City deems necessary.

The City may award a provisional license on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer's best terms from a monetary and technical standpoint. The City reserves the right to enter into negotiations with recommended Proposer. Negotiations shall be conducted with the top ranked Proposers. If, in the event the City and the top ranked Proposer cannot reach an agreement that is in the best interest of the City, the City may elect to cancel negotiations. No Proposer shall have any rights against the City arising from such negotiations or termination thereof.

In the event that a Proposer wishes to take an exception to any of the terms of this Solicitation, the Proposer shall clearly indicate the exception in its proposal. No exception shall be taken where the Solicitation specifically states that exceptions may not be taken. Further, no exception shall be allowed that, in the City’s

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sole discretion, constitutes a material deviation from the requirements of the Solicitation. Proposals taking such exceptions may, in the City’s sole discretion, be deemed nonresponsive.

Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the RFP. A responsive proposal is one which follows the requirements of the RFP, includes all documentation, is submitted in the format outlined in the RFP, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in a proposal being deemed non-responsive.

In submitting a response, the Proposer acknowledges that the City shall not compensate the Proposer for any costs, including and not limited to submission or negotiation costs, costs of preparation, appearances for interviews, and/or travel expenses. It is essential that the Proposers selected will have the financial resources, necessary knowledge, skills and professional experience to implement all aspects of the business operations. All operations are to be performed with the highest degree of professional standards, in compliance with local and State laws, policies, procedures, criteria and requirements.

Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The City and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures.

Proposers shall be responsible for informing themselves with respect to all conditions, which might in any way affect the cost or performance of any of the operation. Failure to do so shall be at the sole risk of the Proposer and no relief shall be given for errors or omissions by the Proposer.

The selected proposer shall furnish the City of Niles original Certificates of Insurance evidencing the required coverage on the effective date of the Agreement(s) resulting from this RFP.

By responding to this RFP, the Proposer acknowledges that for any provisional license issued as a result of this RFP, the authority to proceed with the City’s licensure process is contingent upon the availability of licenses and verifiable approval from the State of Michigan’s Licensing and Regulatory Affairs.

This RFP does not represent a commitment or offer by City to enter into contract, or other agreement with proposer. The proposal and any information made a part of the proposal will become a part of City’s official files without any obligation on City’s part to return it to the individual proposer. This RFP and the selected Proposers’ proposals will, by reference, become a part of any formal agreement between the Proposer and the City resulting from this solicitation.

An authorized representative of the Proposer must sign proposals.

The Proposer shall not collude in any manner or engage in any practices with any other proposer(s), which may restrict or eliminate competition. Violations of this instruction will cause the proposal to be rejected. This prohibition is not intended to preclude joint ventures or subcontracts.

Fees

Applicants must submit a nonrefundable fee of $2,500 with their proposal for a provisional license. Upon approval by the State, a final fee not to exceed $2,500 must be submitted prior to starting operations.

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Submission Requirements

The following is a description of the minimum information which must be supplied in your proposal. You may give supplementary facts or other materials that you consider may be of assistance in the evaluation.

Executive Summary

Provide a brief summary of your company’s approach to the business operations associated with the requested license(s), demonstrate an understanding of the industry and licensure requirements, and approaches to be utilized in performing these services, specifically related to the rules, regulations associated with medical marihuana businesses.

Experience

Describe how long the company has been in business and current structure.

Provide any other names under which the company has done business and the dates it operated under each name and the locations at which it operated under each name.

Describe the experience of the Proposer conducting comparable services.

Provide a list of municipalities with which your company is currently based or has been based within the last five (5) years. If this does not include at least three municipalities, then provide the names of the municipalities for which similar services are being proposed.

For each municipality include:

• The timeframe (beginning and ending dates) • A brief description your experience • Annual revenues and expenditures • The name and contact information of the individuals that approved your occupancy • Statement or notation of whether Proposer is/was the direct Proposer or subcontractor or sub-

Proposer.

The applicant must provide the following information. Any information found to be untrue will result in the rejection of the proposal in its entirety. Such information is required for the applicant, the proposed manager of the medical marihuana commercial entity, and all persons who are true parties of interest in the medical marihuana commercial entity that is the subject of the application:

1. The name, address, date of birth, business address, business telephone number, social security number, and, if applicable, federal tax identification number of every person having any ownership interest in the applicant with respect to which the license is sought;

2. If the applicant is a business entity, information regarding the entity, including, without limitation, the name and address of the entity, its legal status, and proof of registration with, or a certificate of good standing from, the State of Michigan, as applicable;

3. If the applicant is not the owner of the proposed licensed premises, a notarized Statement from the owner of such property authorizing the use of the property for a medical marihuana facility;

4. A copy of any deed reflecting the applicant's ownership of, or lease reflecting the right of the applicant to possess, or an option reflecting the applicant's right to purchase or lease, the proposed licensed premises;

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5. A “to scale” diagram of the proposed licensed premises, no larger than eleven (11) inches by seventeen (17) inches, showing, without limitation:

a. building layout,

b. all entryways and exits to the proposed licensed premises,

c. loading zones, and

d. all areas in which medical marihuana will be stored, grown, manufactured or dispensed.

6. Proof of Insurance. Please submit certification of intent to comply with the following insurance requirements in the form of a certified statement from the proposed insurance vendor.

a. A licensee shall at all time maintain full force and effect for duration of the license, workers compensation as required by State law, and general liability insurance with minimum limits of $1,000,000 per occurrence and a $2,000,000 aggregate limit issued from a company licensed to do business in Michigan having an AM Best rating of at least A-.

b. A licensee shall provide proof of insurance to the City Clerk in the form of a certificate of insurance evidencing the existence of a valid and effective policy which discloses the limits of each policy, the name of the insurer, the effective date and expiration date of each policy, the policy number, and the names of the additional insureds.

c. The policy shall name the City of Niles and its officials and employees as additional insureds to the limits required by this section.

d. A licensee or its insurance broker must certify that it shall notify the City of any cancellation or reduction in coverage within seven (7) days of receipt of insurer's notification to that effect.

e. The licensee, permittee, or lessee shall forthwith obtain and submit proof of substitute insurance to the City Clerk within five (5) business days in the event of expiration or cancellation of coverage.

7. Whether an applicant has been indicted for, charged with, arrested for, or convicted of, plead guilty or nolo contendere to, forfeited bail concerning any criminal offense under the laws of any jurisdiction, either felony or controlled-substance-related misdemeanor, not including traffic violations, regardless of whether the offense has been reversed on appeal or otherwise, including the date, the name and location of the court, arresting agency, and prosecuting agency, the case caption, the docket number, the offense, the disposition, and the location and length of incarceration.

a. Please submit a State of Michigan and/or FBI background check for each owner and employee.

8. A certified statement regarding whether an applicant has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a Statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action.

9. A certified statement regarding whether an applicant has filed, or been served with, a complaint or other notice filed with any public body, regarding the delinquency in the payment of, or a dispute over

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the filings concerning the payment of, any tax required under federal, State or local law, including the amount, type of tax, taxing agency, and time period intervals involved.

10. A description of the type of medical marihuana facility; and the anticipated or actual number of employees, and anticipated capital and economic investments.

11. A certified statement of acknowledgement and consent that the City, including the Niles City Police Department, may conduct a background investigation, including a criminal history check, and that the City may be entitled to full and complete disclosure of all financial records of the medical marihuana commercial entity, which may include any or all records of deposit, withdrawals, balances and loans upon request.

Please note that the City of Niles may request additional information that the City Clerk, Police Chief, Fire Chief, Public Works Director, Zoning Administrator, Building Official, Utilities Manager, City Administrator and/or City Attorney or their designees reasonably determines to be necessary in connection with the investigation and review of the application. All requests for additional information must be submitted within the timeframe requested by the City Clerk.

Co-located Licenses

Separation of licensed premises; one building may be used for one or more types of marihuana facilities, provided that the locational requirements and all other standards for each type of medical marihuana facility are satisfied. A grower facility and processor facility are separate medical marihuana commercial entities requiring separate licenses. In addition to all other application requirements for separate premises, each business shall:

1. Have separate operations, ventilation, security, and fire suppression systems, and separate access from a public area.

2. Be divided within a building from floor to roof. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation between a medical marihuana business and any adjacent business.

License Type Specific Requirements

Please provide proof of or certify compliance with the individual license type as outlined in the City of Niles Opt-in and Zoning Ordinances.

General Zoning Submission Requirements

1. An application for Special Land Use (SLU) Permit from the City of Niles Planning Commission and all required documents and fees.

2. A Site Plan for any license application conducting any exterior construction, rehabilitation or remodeling and all required documents and fees.

3. Operation and Safety/Security Plans;

A comprehensive facility operation plan for the medical marihuana commercial entity which shall contain, at minimum, a safety/security plan indicating how the applicant will comply with the requirements of the City’s associated medical marihuana ordinances and any other applicable law, rule or regulation.

A. The security plan must include, at a minimum, the following security measures:

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1) Cameras. The medical marihuana business shall install and use security cameras to monitor and record all areas of the premises (except in restrooms) where persons may gain or attempt to gain access to medical marihuana or cash maintained by the medical marihuana business entity. Cameras shall record operations of the business to the off-site location, as well as all potential areas of ingress or egress to the business with sufficient detail to identify facial features and clothing. Recordings from security cameras shall be maintained for a minimum of forty-five (45) days in a secure offsite location in the City or through a service over a network that provides on- demand access, commonly referred to as a "cloud." The offsite location shall be included in the security plan submitted to the City and provided to the City of Niles Police Department upon request, and updated within seventy-two (72) hours of any change of such location. Security cameras shall be directed to record only the subject property and may not be directed to public rights-of-ways as applicable, unless required to comply with licensing requirements of the State of Michigan.

2) Use of Safe for Storage. The medical marihuana business shall install and use a safe for storage of any processed medical marihuana and cash on the premises when the business is closed to the public. The safe shall be incorporated into the building structure or securely attached thereto. For medical marihuana-infused products that must be kept refrigerated or frozen, the business may lock the refrigerated container or freezer in a manner authorized by the City in place of use of a safe so long as the container is affixed to the building structure.

3) Alarm system. The medical marihuana business shall install and use an alarm system that is monitored by a company that is staffed twenty-four (24) hours a day, seven (7) days a week. The security plan submitted to the City shall identify the company monitoring the alarm, including contact information, and updated within seventy-two (72) hours of any change of monitoring company.

4) Mold. For grower and processing facilities, a plan that specifies the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the City;

5) Lighting. A lighting plan showing the lighting outside of the medical marihuana facility for security purposes and compliance with applicable City requirements;

i. The use of any lighting for indoor medical marihuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-density (HID) lighting, including but not limited to, mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short-arc lamps, may only be allowed with permission of the City of Niles Utilities Manager or his/her designee.

ii. Light cast by fixtures within the building shall not be visible from outside the building. 6) Disposal. A plan for disposal of any medical marihuana or medical marihuana-infused product,

including any/all byproducts and/or waste products that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal.

7) Ventilation. A plan for ventilation of the medical marihuana facility that describes the ventilation systems that will be used to prevent any odor of medical marihuana off the premises of the business. For medical marihuana facilities that grow medical marihuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises. For medical marihuana businesses that produce medical marihuana-infused

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products, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process

i. Field olfactometry calculates the “Dilution-to-Threshold” (D/T) ratio as:

Volume of Carbon-Filtered Air D/T = ---------------------------------------

Volume of Odorous Air

ii. All properties with medical marihuana onsite will maintain a score of seven (7) D/T or less at the property line

iii. The building shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The facility shall not emanate odors at any time that are readily detectible at the property line.

8) Hazardous Materials. A description of all toxic, flammable, or other materials regulated by a Federal, State, or local authority that would have jurisdiction over the business if it was not a medical marihuana business, that will be used or kept at the medical marihuana business, the location of such materials, and how such materials will be stored.

i. No medical marihuana business may use metals, butane, propane, or other flammable product, or produce flammable vapors, to process medical marihuana unless the process used and the premises are verified as safe and in compliance with all applicable codes by a qualified industrial hygienist.

ii. The City may require the business to obtain verification from a qualified industrial hygienist that the manner in which the business is producing medical marihuana complies with all applicable laws and does not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the businesses.

9) Utility Burden. A Statement of the amount of the projected daily average and peak electric load anticipated to be used by the business and certification from a licensed electrician that the premises are equipped to safely accept and utilize the required or anticipated electric load for the facility.

10) Building Permit. Prior to making a modification to a structure that would require a building permit or which would alter or change items required by this subsection, the licensee shall submit to the City and have an approved completed application for modification of premises in the form provided by the City.

11) Fire Separation Wall. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation wall between a medical marihuana facility and any adjacent business or residence.

12) Security System. A description of the security plan shall be submitted with the application for a City operating license. The security system, shall be maintained in good working order and provide twenty-four hours per day coverage. A separate security system is required for each facility.

B. Parking. Provide a parking plan that shall comply with Article 6 of the Zoning Ordinance

C. Map of proposed location clearly identifying all schools and libraries within 1,000 feet of the proposed location.

D. Signage. Signage for medical marihuana facilities shall comply with the requirements of Article 7 of the Zoning Ordinance, and the requirements of this subsection. All signage and advertising for a medical marihuana facility shall comply with all applicable provisions of the City’s Zoning Code as amended.

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1) Where there is a conflict between the standards of Article 7 and the following standards, the more restrictive standards shall control:

2) Only two signs shall be permitted on a parcel containing a medical marihuana facility.

3) Signs located on lots containing medical marihuana facilities shall not be illuminated. Signs with flashing, oscillating or intermittent lights are prohibited.

4) One wall sign affixed to a building containing a medical marihuana facility is permitted and shall not exceed 50 square feet.

5) One pole or monument sign located on a lot containing a medical marihuana facility is permitted and shall not exceed 32 square feet.

6) Warning Signs: There shall be posted in a conspicuous location inside of each facility at least one (1) legible sign containing the content of this section warning that:

i. The possession, use or distribution of marihuana is a violation of federal law;

ii. It is illegal under State law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by marihuana; and

iii. No one under the age of eighteen (18) is permitted on the premises

7) In addition, it shall be unlawful for any licensee to: i. Use signage or advertising with the word "marihuana", "marijuana" or "cannabis" or any

other word, phrase or symbol commonly understood to refer to marihuana or any advertising material that would appeal to minors;

ii. Advertise in a manner that is inconsistent with the medicinal use of medical marihuana or use advertisements that promote medical marihuana for recreational or any use other than medicinal purposes.

E. Landscaping. All medical marihuana facilities shall provide landscaping as required by Article 3 Section 316 of the Zoning Ordinance.

F. Co-located Non-Marihuana. Unless otherwise permitted, public or common areas of the medical marihuana provisioning center must be separated from restricted or non-public areas of the provisioning center by a permanent barrier. No medical marihuana is permitted to be stored, displayed, or transferred in an area accessible to the general public.

Traffic Control Committee Minutes – December 14, 2017

December 14, 2017, 8:00 A.M. DPW conference room

Present: Stacie Tewari, Jason Moore, John Zang, Matt Weaver, Paul Rocheleau, Michelle Sponseller, Andy Latham, Jacob Kain, Mary Ann Kornexl, Mike Dunham

• Approve October 26, 2017 TCC minutes. – Approved

• Request from Street Department to remove the island at Bellows and Washington. – The group will consult with CMU liason for their input.

• Discuss possible improvements for Fancher and Mosher intersection. – Tabled for next meeting. Further research needed.

• Discuss MDOT signal studies on Mission Street. – MDOT currently has this on their agenda.

• Discuss Pango parking signs and fee parking on West Campus Drive (see attachment). – Group decided to change the meters that CMU is enforcing for the City to Pango signs. The meterheads will still be an option if they work. For the places where the meter is broke, the meterhead will be taken out and the space will have only a Pango sign. CMU parking agreement will be amended. Mike Dunham will order Pango stickers from CMU for $2 each. Consider removing the meters to have all Pango parking spots over Summer break. TCC also recommends that parking on West Campus Drive (currently free) be changed to Pango. Stacie to prepare a TCO and present to City Commission early 2018. Next meeting is on February 22, 2018.

 

 

City of Mt. Pleasant, Michigan Airport Advisory Board

Thursday, January 11, 2018 Meeting Minutes

I. Call to Order / Roll Call

The meeting was called to order at 5:30 p.m. Present: Mark Drumheller, Glen Irwin, Sam Staples, Cathy Tilmann Absent: Patty Stangle-Krcmarik City Staff Present: Airport Manager Bill Brickner

II. Election of Officers Glen Irwin, Chair – unanimous vote Cathy Tilmann, Vice Chair – unanimous vote Mark Drumheller, Secretary – 3-1 vote

III. Approval of Agenda Motion by Staples, support by Tilmann, to approve the agenda. Motion passed

IV. Public Comment on Agenda Items None

IV. Approval of Meeting Minutes Motion by Staples, support by Tilmann, to approve the minutes of December 14, 2017. Motion passed.

V. Airport Manager’s Report Brickner discussed the manager’s report.

V. Old Business Brickner reported the monthly costs savings is about $300 since changing the ramp lights to LEDs .

Brickner also reported that Medler Electric will replace the non-working light on the corporate hangar. The City will need to remove the light and replace it with the new one.

VII. New Business Staples asked why there is no mandatory registration when a plane lands.

Brickner responded that a registration would be impossible to enforce, and that many pilots may not enter the terminal upon landing. Brickner further stated that each time a plane does a practice “touch-and-go”, it is considered a landing, although the plane never actually stops.

 

 

VIII. Announcements on Airport Related Issues and Concerns The City will conduct another Citizens Academy. Check the City website for

details. IX. Adjournment Motion by Staples, support by Tilmann, to adjourn the meeting at 6:08 p.m. Motion passed.

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL 320 W. Broadway • 48858

(989) 779-5300 (989) 773-6791 fax

PUBLIC SAFETY 804 E. High • 48858

(989) 779-5100 (989) 773-4020 fax

PUBLIC WORKS 1303 N. Franklin • 48858

(989) 779-5400 (989) 772-6250 fax

January 18, 2018 MINUTES – JOINT MEETING TAX INCREMENT FINANCE AUTHORITY (TIFA) and PRINCIPAL SHOPPING DISTRICT (PSD) MEMBERS PRESENT

S. Bissell TIFA/PSD P 12/31/2021 M. McAvoy TIFA P 12/31/2018 R. Blizzard TIFA/PSD P 12/31/2021 J. Horton TIFA (Ind) P 12/31/2018 S. Christensen TIFA/PSD P 12/31/2019 City Commission Rep TIFA/PSD n/a 12/31/2018 C. Ritchey PSD P 12/31/2018 R. Swindlehurst, Chair TIFA/PSD EA 12/31/2018 R. Agardy PSD P 12/31/2021 B. Wahr, Vice Chair TIFA/PSD P 12/31/2019 B. Wieferich TIFA/PSD P 12/31/2018 M. Sponseller Staff Liaison

A = Absent without notification P = Present EA = Excused Absence N/A = Not Applicable Guests: Nick Bellestri, Mary Ann Kornexl, Allison Lents, Bill Mrdeza Roll Call Notes: PSD member Agardy (8:06am) and TIFA member Horton (8:15) arrived after meeting began. PSD member Ritchey left at 9:15am. I.) CALL TO ORDER Call to order at 8:02am. II.) ROLL CALL AND INTRODUCTIONS Board member roll listed above with attendance. Introductions made for guests. III.) CHANGES/ADDITIONS TO AGENDA No changes to the agenda. IV.) MINUTES (TIFA) Motion to approve the regular November TIFA minutes as presented. M = Blizzard S = Christensen Motion approved (PSD) Motion to approve the regular November PSD minutes as presented. M = Ritchey S = Blizzard Motion approved V.) RECEIPT OF COMMUNICATION a.) Downtown Directors Report Receipt of November Downtown Development Directors report. No action taken. VI.) PUBLIC COMMENT None.

VII.) OLD BUSINESS a.) MMDC Industrial Park North (IPN) Contract (TIFA) (TIFA) Motion to cancel MMDC IPN contract effective January 18, and authorize payment of the prorated share of the contract for the first 60 days.

M = Wieferich S = Bissell Motion approved* *Abstained from vote: McAvoy and Wahr

(PSD) As the IPN contract is the purview of TIFA the PSD doesn’t need to take action. VII.) OLD BUSINESS b.) Parking Lot Change Request (TIFA/PSD) (TIFA) Motion to change short-term spaces in parking lots 7 and 8 to day-time permit spaces. M = Bissell S = Blizzard Motion failed. (TIFA/PSD) No additional vote was taken as consensus of PSD members was the same as TIFA members to sell additional day-time permits in lots 7 and 8 without changes to the short-term space allocation. Staff stated they would sell 5 permits in each of these lots by the end of January and, once a review of spaces was conducted at the end of February, sell additional 5 for each of these lots. VIII.) NEW BUSINESS a.) Fire Safety Grant Program (TIFA) (TIFA) Motion to change the fire safety grant program to a zero-interest loan due upon sale of the building. M = Bissell S = McAvoy Motion failed. (TIFA) Motion to keep fire safety grant as-is with no changes to payback method. M = Christensen S = No second given Motion failed with no second. Consensus of TIFA members was to request staff bring back options in February on grant vs. zero-interest payback. (PSD) As the Fire Safety Grant program is funded by TIFA, action by the PSD was not necessary. VIII.) NEW BUSINESS b.) Parking Lot #3 Timeline (TIFA) No action, information provided on timeline based on rollout of the master plan process. IX.) OTHER/ADDITIONS TO AGENDA a.) 410 West Broadway Update Economic Development Director Bill Mrdeza provided an update on the proposed 410 West Broadway project. X.) OTHER/ADDITIONS TO AGENDA b.) Roundtable No discussion held. X.) ADJOURNMENT Meeting adjourned 9:42 a.m.

Minutes of the regular meeting of the City Commission held Monday, February 12, 2018, at 7:00 p.m., in the City Commission Room. Mayor Lents called the meeting to order and the Pledge of Allegiance was recited. Commissioners Present: Mayor Lents and Vice Mayor Madaj; Commissioners Gillis, Joseph, Kulick, LaLonde and Ling Commissioners Absent: None Others Present: City Manager Ridley, City Clerk Howard and City Attorney Smith Proclamations and Presentations Mayor Lents read and presented a proclamation in support of “Peacemaking Recognition Day – February 26, 2018” to Mt. Pleasant Schools Superintendent Jennifer Verleger. Mayor Lents and City Planner Kain presented a Neighborhood Mini Grant to Karen Clark representing Orchard Glen Condo Association. City Manager Ridley explained that Parks & Public Spaces Director Bundy is ill and the presentation of the Parks Resource Leadership Award will be moved to a future meeting. Public Input on Agenda Items Brandon Gardner, Esq., 250 Monroe Ave. NW, Ste 400, Grand Rapids; Joey Kejbou, Esq., 21150 Coolidge Hwy, Oak Park; and Deborah Cary, Vestaburg spoke in support of the City opting in to MMMFLA. Steven Stressman, 215 E. Chippewa; Paul Bigard, 1325 E. Chippewa and Mt. Pleasant Schools Superintendent Jennifer Verleger spoke in support of 1,000 foot buffer zone for MMMFLA. Receipt of Petitions and Communications Received the following petitions and communications:

1. City Manager report on pending items. 2. Tax Increment Finance Authority/Principal Shopping District Board Minutes.

(November) 3. Parks and Recreation Commission Minutes. (December) 4. Planning Commission Minutes. (December) 5. Redevelopment Ready Communities Quarterly Report. Moved by Vice Mayor Madaj and supported by Commissioner Kulick to approve

the following items on the Consent Calendar: 1. Minutes of the regular meeting of the City Commission held January 22, 2018.

2. Minutes of the special meeting of the City Commission held January 29, 2018. 3. Bid of Turf Services Inc. of Spring Lake, Michigan at a price of $69,705 for Island

Park and Pickens Field infield repair and reconditioning. 4. Authorize purchase of John Deere gator in the amount of $12,292 from Bader &

Sons of St. Louis, Michigan through MI Deal Program. 5. Bid Douglass Safety Systems of Sanford, Michigan for breathing air compressor

unit at a cost of $49,536. 6. Bid of Fisher Transportation Co., of Mt. Pleasant, Michigan for 2018 street

sweepings disposal in the amount of $19.67/ton. 7. Bid of Krapohl Ford of Mt. Pleasant, Michigan for the purchase of two police

patrol vehicles at a cost of $33,435 per vehicle. 8. Authorize amended award to Douglass Safety Systems of Sanford, Michigan to

include 44 carbon fiber bottles at a price of $19,360. 9. Resolution in support of MDOT Aeronautics Division contract 2018-0240 to

approve appropriate funding and approvals for tree abatement and lighting project: WHEREAS, a Grant Agreement (Federal Project Number B-26-0069-2115, MDOT Contract No. 2018-0240) has been submitted by the Michigan Department of Transportation, which requires the City of Mt. Pleasant to adopt a resolution authorizing the approval of the contract to establish the scope and scale of the tree abatement and PAPI lighting projects at the Mt. Pleasant Municipal Airport; and

WHEREAS, this project will improve the safety for airport traffic; and WHEREAS, the Agreement has been approved by the City Manager as to

substance. NOW, THEREFORE, BE IT RESOLVED, that the Mayor be authorized

to execute said Agreement on behalf of the City of Mt. Pleasant. 10. Authorize Mayor to sign a contract with J. Ranck Electric for $742,992 and a

change order, reducing the price by $224,205. 11. Authorize Mayor to sign a contract amendment with Mead and Hunt for

$25,149. 12. Approve purchase of FAA approved lights for the PAPI lighting project from

ADB Safegate in the amount of $25,188. 13. Authorize the Finance Director to implement the appropriate budget

amendments for items 10, 11, and 12 at a net cost increase of $4,414. 14. Appoint Corey Friedrich as the representative of the Planning Commission to

the Zoning Board of Appeals as recommended by the Planning Commission. 15. Warrants dated January 24 and February 1, 2018 and Payrolls dated January 26,

2018 all totaling $1,691,358.60. Motion unanimously adopted. Moved by Commissioner Kulick and supported by Commissioner Gillis to approve the proposed improvements for Horizon Park from donated funds and authorize appropriate budget amendments. Motion unanimously adopted. Announcements on City-Related Issues and New Business Commissioner Ling announced that there are Board and Commission openings and encouraged the public to apply. She commented that she is glad the City is participating

with the Mt. Pleasant Public Schools peacemaking program and thanked Nancy Nagler who was instrumental in getting it started years ago. Commissioner Kulick thanked City employees from Department of Public Works for snow plowing this weekend. Commissioner Gillis is pleased to be representing the Commission for the peacemaking proclamation at Mt. Pleasant Public Schools. Based on Mayor Lents’ request for individual City Commissioner goals; Commissioner Gillis announced that her goals are: brush pick up, Indian Pines and community pool. Mayor Lents asked that the Charter Committee look at Chapter 30 of the Code of Ordinances for any potential changes. She thanked Commissioner Ling for her past service as Mayor and presented her with a plaque. Public Comment on Agenda and Non-Agenda Items Michael Heintz, 3157 Brittney Dr.; Chris West, 3047 Brittney Dr.; Tami and James Melton, 1151 Meadow Dr. voiced concerns about safety concerns at the intersection of Crawford and Pickard. Chris West, 3047 Brittney Dr would like sidewalks installed on Crawford north of Pickard. The Commission recessed at 7:50 p.m. and went into a work session at 7:57 p.m. WORK SESSION – Medical Marihuana Discussion

Mayor Lents led a discussion on the Michigan Medical Marihuana Facilities Licensing Act (MMMFLA) draft ordinance. Discussion ensued. Staff and City Attorney will incorporate generally agreed upon parameters into the draft ordinance to bring back to the Commission at the March 12 regularly scheduled City Commission meeting for further work session discussion.

Mayor Lents adjourned the meeting at 10:02 p.m. without objection.

_______________________________ ___________________________________ Allison Lents, Mayor Jeremy Howard, City Clerk

Minutes of the joint meeting of the City Commission and the Brownfield Redevelopment Authority held Tuesday, February 13, 2018, at 5:02 p.m. in the City Commission Room.

Commissioners Present: Mayor Lents and Vice Mayor Madaj; Commissioners Gillis, Joseph, Kulick, LaLonde and Ling Commissioners Absent: None

Brownfield Redevelopment Authority Members Present: Nancy Ridley, Mary Ann Kornexl, Allison Lents, Margaret McAvoy, Jennifer Verleger and Jeff Smith

Members Absent: Tom Krapohl and Joe Olivieri Others Present: City Clerk Howard and Director Mrdeza WORK SESSION – 410 W. Broadway Mayor Lents led a discussion regarding what the parameters and next steps are for development of 410 West Broadway. Discussion ensued. Mayor Lents adjourned the meeting without objection at 6:26 p.m. _______________________________ Allison Lents, Mayor Jeremy Howard, City Clerk

COMMISSION LETTER #029-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: BIDS AND QUOTATIONS a. Mower and V-Plow

The attached memo from DPW Director John Zang indicates that both a mower and a v-plow were scheduled and budgeted for replacement in 2018. As the Parks and Motor Pool departments reviewed the needs and the available equipment it is recommended the purchase of one piece of equipment from Spartan Distributors will best meet the needs of the Parks department. This purchase will allow for year-round and more versatile use of the equipment. The attached flyer shows the equipment and how it can be converted. It should be noted that this purchase only includes the mower and the v-plow and does not include the snow blower this is shown at the bottom of the flyer. Recommended Motion: Move to approve the purchase of a Toro Groundmaster from Spartan Distributors for $36,033 and the appropriate budget amendment.

b. Cab and Chassis Purchase

The attached memo from DPW Director John Zang recommends the purchase of a Ford F-350 cab and chassis from Krapohl Ford at a price of $26,167. This purchase was budgeted for in 2018 and is the first piece of the purchase with additional equipment to be added on. Based on the favorable pricing from Ford, we are recommending a sole source purchase for this equipment. Recommended Motion: Move to authorize the purchase of the Ford F-350 cab and chassis from Krapohl Ford in the amount of $26,167.

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL 320 W. Broadway • 48858-2447

(989) 779-5300 (989) 773-4691 fax

PUBLIC SAFETY 804 E. High • 48858-3595

(989) 779-5100 (989) 773-4020 fax

PUBLIC WORKS 1303 N. Franklin • 48858-4682

(989) 779-5400 (989) 772-6250 fax

Page | 1

To: Nancy Ridley, City Manager February 13, 2018 From: John Zang, DPW Director Subject: Approve Purchase of Toro Groundsmaster 7200 Mower with Polar Trac™ V-Plow Attachment and Budget Amendment

Purchase\Contract Recommendation Summary Request: The City Commission is requested to approve the purchase of a Toro Groundsmaster 7200 mower with Polar Trac™ and a V-plow attachment from Spartan Distributors, Incorporated of Sparta, Michigan, for $36,033, and a budget amendment of $933.

Reason for Purchase: As part of the Motor Pool capital replacement plan, Unit 444, a 2008 Toro Groundsmaster mower, and Unit 450, a 2010 Polaris Sportsman ATV, are scheduled for replacement this year. These units are used by the Parks Department for mowing and snow removal in the parks, trail system and at City Hall. Instead of replacing the existing units with equivalent new units, the Parks Department suggests purchasing a 2018 Toro Groundsmaster 7200 mower with Polar Trac™ and a V-plow attachment. The Polar Trac™ system consists of a climate controlled hard cab and removable rubberized track that transforms the mower into a snow removal machine, and allows the unit to be used year-round. The tracks are installed over the wheels to provide increased traction for snow removal or in overly muddy conditions, and can be removed for the mowing season.

The Toro Groundsmaster can be purchased at a significant cost savings through the National IPA procurement program. The National IPA is a no-cost program that operates similarly to State of Michigan’s MiDeal program and allows its members to benefit from the cooperative buying power of more than 50,000 entities nationwide. Spartan Distributors is the sole Toro dealer for commercial equipment in Michigan that participates in the National IPA program. The cost is as follows.

Toro Groundsmaster 7200 w/Polar Trac™ $31,833.00 V-Plow with Hydraulic Angle $ 4,200.00 Total $36,033.00

Equipment Purchased Separately: Toro Groundsmaster 7200 without V-Plow $31,833.00 V-Plow with Hydraulic Angle $ 4,200.00 Polaris Sportsman ATV $ 7,243.95 Total $43,276.95

Page | 2

Vendor Name and Address: Reason for Selection: Spartan Distributors, Inc. National IPA contract No. 2017025 487 W. Division Street Sparta, MI 49345 Method of Purchase: Direct Bill As you can see, we can save over $7,000 by purchasing one machine for multiple uses. The amount budgeted for the replacement of both Unit 444 and 450 combined is $35,100. The cost for the new Groundsmaster and V-plow attachment through the National IPA is $36,033. A budget amendment of $933 requires approval by the Commission. Recommendation: I recommend the City Commission approve the purchase of a Toro Groundsmaster 7200 mower with Polar Trac™ and a V-plow attachment from Spartan Distributors for $36,033, and a budget amendment of $933.

TORO. Caunt on It.

Groundsmaster® 720.0/7210 · Polar TraclM System;"<.'..; :i<, ·

. . . - . ; . i ' ~ 18.6 kW (24.8 hp) br-26 kW.

(35 hp) Kubota't! dies1li ngihf! • Heated and pressurized ,· ·· · · 1

hard cab • Patent-pending rubber

snow tracks • Quick-connect

attachments -no tools required

Winter has met its match. While other mowers hibernate during the winter months, the Toro' Polar Trac System transforms the Groundsmaster 7200/721 0 into a powerful snow removal machine. The patent­pending Polar Trac System is ready for all winter conditions

with its heated hard cab, innovative rubber track system and

quick-connect attachments. With its zero turn radius capabilities, you can remove snow from the tightest areas.

.:;.,;~7 , ... , • • ' -...... "1.''\'.'- •l ~ . -" J I l ._,. ~•.,.; , 1-.., -

"'. · . " "\U-1 , . • • . ' -1-, ·• - . ...~ ' . .. . .. "' ' . . ~ 't- • ,. , .

1 hr 2 hrs 3 hrs 4 hrs

Convert the Groundsmaster 7200/7210 with the Polar Trac Svstem in lust four hours.*

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL 401 N. Main • 48858-1698

(989) 779-5300 (989) 773-4691 fax

PUBLIC SAFETY 804 E. High • 48858-3595

(989) 779-5100 (989) 773-4020 fax

PUBLIC WORKS 1303 N. Franklin • 48858-4682

(989) 779-5400 (989) 772-6250 fax

Website: www.mt-pleasant.org Michigan Relay Center for Speech & Hearing Impaired: 1-800-649-3777

To: Nancy Ridley, City Manager February 19, 2018 From: John Zang, DPW Director Subject: Cab and Chassis Purchase

Purchase\Contract Recommendation Summary

Request: City Commission is requested to approve the purchase of a 2018 Ford F-350 Super Duty cab and chassis from Krapohl Ford Lincoln, of Mt. Pleasant, for $26,167.

Reason for Purchase: As part of the Motor Pool capital replacement plan, Unit 340, a 1990 Ford F-350, is scheduled for replacement this year. This unit is used by the Street Department for asphalt, curb, manhole, and catch basin repair work. We will purchase the bed and related items for the new cab and chassis at a later date. The anticipated cost for the bed and related items is less than $10,000. The total amount budgeted for the replacement of the truck is $50,000.

The cab and chassis can be purchased through the MiDeal program for $36,115. MiDeal contracts are bid and awarded by the State. However, Ford Motor Company allotted additional monies to the Ford fleet program for municipalities after the State of Michigan awarded the MiDeal contracts. As a result, Krapohl is able to pass along the additional savings. Their quote of $26,167 is significantly under the MiDeal price.

New orders of the 2018 F-350 cab and chassis models must be placed within the next three weeks, as Ford will cease assembly of the 2018 models in June.

Vendor Name and Address: Krapohl Ford Lincoln 1415 E. Pickard St. Mt. Pleasant, MI 48858

Reason for Selection: Method of Purchase: Single Source Supplier Contract - Direct Bill

Recommendation: I recommend the City Commission approve the purchase of a 2018 Ford F-350 cab and chassis from $26,167. Funds are available in the 2018 Motor Pool Capital Outlay Budget.

COMMISSION LETTER #030-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: INTRODUCE AN ORDINANCE TO AMEND TITLE XV, CHAPTER 150,

SECTION 150.02 OF THE MOUNT PLEASANT CITY CODE REGARDING PRIVATE SWIMMING POOLS AND SET A PUBLIC HEARING FOR MARCH 12, 2018 ON THE SAME

Last fall the regulations related to swimming pools were moved out of the zoning ordinance and into the regulatory ordinance. At that time we indicated that additional review of the regulations was warranted based on current state and federal requirements. Based on the review of those requirements we are recommending the attached changes to the pool ordinance. This would change the expectation from not allowing pools to be emptied into the sanitary sewer system to a situation where that is the preferred method based on current regulations. If that method is not feasible, two alternatives are offered to property owners. As the memo from DPW Director John Zang indicates, we also reviewed the fencing requirements for pools and are recommending no changes to the current requirements related to pool fencing in the zoning ordinance. We are recommending that a public hearing on these proposed changes be set for March 12, 2018. Recommended motion: Move to set a public hearing for changes to Section 150.02 of the Code of Ordinance for March 12, 2018. NJR/ap

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL 320 W. Broadway • 48858-2447

(989) 779-5300 (989) 773-4691 fax

PUBLIC SAFETY 804 E. High • 48858-3595

(989) 779-5100 (989) 773-4020 fax

PUBLIC WORKS 1303 N. Franklin • 48858-4682

(989) 779-5400 (989) 772-6250 fax

Example of ASTM F1346 Cover

To: Nancy Ridley, City Manager February 9, 2018 From: John Zang, DPW Director Subject: Recommended Changes to Swimming Pool Ordinance Section 150.02 We have completed our review of the Swimming Pool Ordinance related to drainage requirements and given consideration to questions raised regarding the changes in the fencing standard.

The requirements for draining a pool are included in the attached proposed amended ordinance. The language changes are necessary because the current ordinance language conflicts with state and federal requirements regarding the discharge of pool water into storm sewers.

Staff suggests the City maintain the current policy regarding the fencing requirements as outlined in the zoning standards. The building code recently provided for other methods for securing a pool. However, under an exception for a powered safety cover that compiles with ASTM F1346, the functionality of these covers is heavily dependent on property owners securing the pool when not in use. This is also true for above ground pools where the building code may allow the side wall of the pool to serve as the barrier, provided the ladder is removed or otherwise secure to prevent access to the pool itself.

Staff believes the added measure of the fence requirement will help prevent a child from entering onto a property where there could be an unattended pool and, therefore, staff recommends the fencing requirement of the ordinance remain unchanged.

The City attorney has reviewed the ordinance and the recommended language changes are noted in red in the attached document. Recommendation Staff recommends the Commission amend Ordinance 1029, Section 150.02 regarding private swimming pools as submitted.

CITY COMMISSION CITY OF MOUNT PLEASANT

Isabella County, Michigan

Commissioner _______________, supported by Commissioner _______________, moved adoption of the following ordinance:

ORDINANCE NO. ____ AN ORDINANCE TO AMEND TITLE XV, CHAPTER 150, SECTION 150.02 OF THE MOUNT PLEASANT CITY CODE REGARDING PRIVATE SWIMMING POOLS

The City of Mount Pleasant Ordains: Section 1. Amendment. Title XV, Chapter 150, Section 150.02 of the Mount Pleasant City Code are amended to read as follows:

§ 150.02 PRIVATE SWIMMING POOLS. (A) Private swimming pools shall be equipped with filtration, circulation and purification systems adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the city, or any other governmental body with jurisdiction.

(B) All discharge from private pools shall be as follows (in the order of priority as set forth below): The discharge pipe leading from a private swimming pool shall be composed of a durable material and size as approved by the Director of Public Works. Private swimming pools shall not be wholly or partially emptied into any sanitary system.

(1) To the nearest sanitary sewer through either a temporary or permanent connection established at the residence where the private pool is located. If the quantity to be discharged is greater than 1500 gallons notification shall be given to the City of Mt Pleasant wastewater treatment plant prior to proceeding with the discharge; or

(2) To the surface of the ground at a rate no greater than that which causes it to stay within the boundaries of private property on which the pool is located, does not result in ponding, does create a nuisance in the right-of-way, or does not otherwise impinge on surrounding property holders; or

(3) If the City determines, in its sole discretion, that options (1) and (2) are not possible and/or practical,available pool water may be discharged to the storm water sewer nearest the property on which the pool is located provided the property owner has treated the pool water to meet federal and/or state discharge parameters and obtained the necessary National Pollutant Discharge Elimination System permits from the State of Michigan.

(C) Private swimming pools shall be completely enclosed with a permanent fence with gate or gates, no less than four feet in height above the ground level. Such fence or gate shall be designed and maintained so as to permit access to the pool only with permission of the owner.

(D) The pool shall be located on its respective site in accordance with Chapter 154.

(E) No lighting or electrical wiring shall overhang the surface of the water or be located so as to present the possibility of falling into the water. All lighting of the pool area shall be located so as not to reflect upon adjacent property or buildings.

(F) The provisions of this section shall apply to any basin or structure on private property for the holding of water for swimming, diving and other aquatic recreation; provided, however, that these regulations do not apply to any plastic, canvas or rubber pool temporarily erected upon the ground, holding less than 300 gallons of water.

Formatted: Indent: Left: 0.5"

2

Section 2. Publication and Effective Date. The City Clerk shall cause to be published a notice of adoption of this ordinance within 10 days of the date of its adoption. This ordinance shall take effect 30 days after its adoption.

YEAS: Commissioner(s)

NAYS: Commissioner(s)

ABSTAIN: Commissioner(s)

ABSENT: Commissioner(s)

CERTIFICATION

As the City Clerk of the City of Mount Pleasant, Isabella County, Michigan, I certify this is a true and complete copy of an ordinance adopted by the Mount Pleasant City Commission at a regular meeting held on __________, 2018.

Date: ____________, 2018 Kathleen Ling, Mayor

Date: ____________, 2018 Jeremy Howard, City Clerk Introduced: _______________, 2018 Adopted: _______________, 2018 Published: _______________, 2018 Effective: __________________, 2018 GRAPIDS 57654-1 488338v1 GRAPIDS 57654-1 488338v1 GRAPIDS 57654-1 488338v1

CITY COMMISSION CITY OF MOUNT PLEASANT

Isabella County, Michigan

Commissioner _______________, supported by Commissioner _______________, moved adoption of the following ordinance:

ORDINANCE NO. ____ AN ORDINANCE TO AMEND TITLE XV, CHAPTER 150, SECTION 150.02 OF THE MOUNT PLEASANT CITY CODE REGARDING PRIVATE SWIMMING POOLS

The City of Mount Pleasant Ordains: Section 1. Amendment. Title XV, Chapter 150, Section 150.02 of the Mount Pleasant City Code are amended to read as follows:

§ 150.02 PRIVATE SWIMMING POOLS. (A) Private swimming pools shall be equipped with filtration, circulation and purification systems adequate to maintain the water in a clean and healthful condition in accordance with the health requirements of the city, or any other governmental body with jurisdiction.

(B) All discharge from private pools shall be as follows (in the order of priority as set forth below):

(1) To the nearest sanitary sewer through either a temporary or permanent connection established at the residence where the private pool is located. If the quantity to be discharged is greater than 1500 gallons notification shall be given to the City of Mt Pleasant wastewater treatment plant prior to proceeding with the discharge; or

(2) To the surface of the ground at a rate no greater than that which causes it to stay within the boundaries of private property on which the pool is located, does not result in ponding, does create a nuisance in the right-of-way, or does not otherwise impinge on surrounding property holders; or

(3) If the City determines, in its sole discretion, that options (1) and (2) are not possible and/or practical, pool water may be discharged to the storm water sewer nearest the property on which the pool is located provided the property owner has treated the pool water to meet federal and/or state discharge parameters and obtained the necessary National Pollutant Discharge Elimination System permits from the State of Michigan.

(C) Private swimming pools shall be completely enclosed with a permanent fence with gate or gates, no less than four feet in height above the ground level. Such fence or gate shall be designed and maintained so as to permit access to the pool only with permission of the owner.

(D) The pool shall be located on its respective site in accordance with Chapter 154.

(E) No lighting or electrical wiring shall overhang the surface of the water or be located so as to present the possibility of falling into the water. All lighting of the pool area shall be located so as not to reflect upon adjacent property or buildings.

(F) The provisions of this section shall apply to any basin or structure on private property for the holding of water for swimming, diving and other aquatic recreation; provided, however, that these regulations do not apply to any plastic, canvas or rubber pool temporarily erected upon the ground, holding less than 300 gallons of water.

Section 2. Publication and Effective Date. The City Clerk shall cause to be published a notice of adoption of this ordinance within 10 days of the date of its adoption. This ordinance shall take effect 30 days after its adoption.

2

YEAS: Commissioner(s)

NAYS: Commissioner(s)

ABSTAIN: Commissioner(s)

ABSENT: Commissioner(s)

CERTIFICATION

As the City Clerk of the City of Mount Pleasant, Isabella County, Michigan, I certify this is a true and complete copy of an ordinance adopted by the Mount Pleasant City Commission at a regular meeting held on __________, 2018.

Date: ____________, 2018 Kathleen Ling, Mayor

Date: ____________, 2018 Jeremy Howard, City Clerk Introduced: _______________, 2018 Adopted: _______________, 2018 Published: _______________, 2018 Effective: __________________, 2018 GRAPIDS 57654-1 488341v1

COMMISSION LETTER #031-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: CONSIDER RESOLUTION AUTHORIZING MICHIGAN DEPARTMENT OF

TRANSPORTATION (MDOT) CONTRACT FOR THE REPLACEMENT OF THE AWOS CEILOMETER AT THE MT. PLEASANT MUNICIPAL AIRPORT AND APPROPRIATE BUDGET AMENDMENT

The attached memo from DPW Director John Zang recommends authorization of the attached resolution. This resolution would authorize a contract with MDOT for the replacement of the ceilometer at the Mt. Pleasant Airport. Federal funds are not available for this replacement but MDOT would fund 90% of the cost for this necessary replacement. Recommended motion: Move to approve the resolution as presented for the replacement of the AWOS ceilometer and the appropriate budget amendment. NJR/ap

THE CITY OF

MT. PLEASANT, MICHIGAN

CITY HALL 320 W. Broadway • 48858-2447

(989) 779-5300 (989) 773-4691 fax

PUBLIC SAFETY 804 E. High • 48858-3595

(989) 779-5100 (989) 773-4020 fax

PUBLIC WORKS 1303 N. Franklin • 48858-4682

(989) 779-5400 (989) 772-6250 fax

Page | 1

To: Nancy Ridley, City Manager February 13, 2018 From: John Zang, DPW Director Subject: Approve MDOT Contract No. 2018-0227 for Replacement of AWOS Ceilometer and Budget Amendment

Purchase\Contract Recommendation Summary

Request: The City Commission is requested to approve a resolution and contract no. 2018-0227 with the Michigan Department of Transportation (MDOT) for the replacement of the ceilometer on the Automated Weather Observation System (AWOS) at the Mt. Pleasant Municipal Airport. Reason for Purchase: Accurate and timely information about weather conditions is vital to the safety of pilots and passengers alike, and the AWOS located at the Mt. Pleasant airport is used to provide this information to pilots who fly within range of the airport. One component of the AWOS instrumentation is the ceilometer. This instrument is used to measure the height and thickness of cloud cover. Recently, MDOT informed us the ceilometer needs to be replaced as it has reached the end of its useful life and is no longer being supported by the manufacturer. The total cost of the replacement is $29,000, with MDOT paying 90% of the cost. The City’s share is $2,900. Since the replacement is not part of the planned capital improvement projects for 2018, the Commission will need to approve a budget amendment for this expense. The Airport Advisory Board recommends approval of the resolution and MDOT contract. Recommendation: I recommend the City Commission approve the resolution and MDOT contract 2018-0227 for the replacement of the AWOS ceilometer at the Mt. Pleasant Municipal Airport and a budget amendment for $2,900.

RESOLUTION At a regular meeting of the City of Mt. Pleasant, Michigan, held at the City Hall Building at 320 W. Broadway Street: The following resolution was offered by member ________________________, and

supported by member ________________________.

WHEREAS, a contract 2018-0227 has been submitted by the Michigan

Department of Transportation for funding to rehabilitate the existing Automated Weather Operating System (AWOS) located at the Mt. Pleasant Municipal Airport; and

WHEREAS, the AWOS is group of climatological instruments that

continuously monitor and report real-time local weather data; and WHEREAS, the continued availability of this data is vital for the safety and

welfare of pilots and passengers who use the Mt. Pleasant Municipal Airport; and WHEREAS, the ownership, operation and maintenance of the AWOS is a

joint venture between the City of Mt. Pleasant and the State of Michigan, the terms of which are set forth in this contract; and;

WHEREAS, the City of Mt. Pleasant approved the expenditure of $2,900 from

the 2018 Operating Budget for the City’s share of the project cost; NOW, THEREFORE, BE IT RESOLVED, the Mayor is hereby authorized to

execute the contract on behalf of the City of Mt. Pleasant.

Resolution duly adopted.

___________________________

Allison Quast-Lents, Mayor Certified to be a true copy, _______________ (Date)

COMMISSION LETTER #032-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: CONSIDER RESOLUTIONS #1 AND #2 TO COMMENCE THE

PROCEEDINGS FOR SPECIAL ASSESSMENT, TENTATIVELY DETERMINE THE NECESSITY, AND SET A PUBLIC HEARING FOR MARCH 12, 2018 REGARDING THE NECESSITY OF SPECIAL ASSESSMENT DISTRICT #1-18

Discussion on the status of residential alleys occurred during both the 2016 and 2017 budget work sessions. As a result of those discussions in 2016, a letter was sent to property owners who abut alleys that might benefit from reconstruction. The letter outlined the process for petitioning to have the City Commission consider a special assessment to pay for the cost. A copy of the letter mailed to property owners on alleys needing reconstruction is attached for reference. During the fall of 2017 discussions were held as part of the budget process regarding increasing the City contribution toward the cost of residential alley reconstructions. The approved budget includes an increased contribution to 30% of the cost (from the standard 10% contribution) for the three alleys deemed to have the lowest condition rating. Staff is sending letters to those abutting property owners informing them of the increased City contribution to determine if any are interested in petitioning for an alley reconstruction. The map showing the rating of the alleys is attached for reference. The three alleys with a rating of 1 (identified in red) were the alleys identified for the higher City contribution amounts. Attached to this memo is a petition that was received by DPW on January 18, 2018 for the reconstruction of the alley between Fancher and Kinney from Locust to Wisconsin. The City Charter and Code of Ordinances outlines the process for a petition for a special assessment. If more than 50% of the impacted property owners petition for an improvement, the ordinance outlines the procedure to move the special assessment forward. The first steps of the process are to submit the petition to the City Commission, along with estimates for the project. Resolution #1 asks for a report which is satisfied by the petition attached, the map attached and the draft assessment roll which includes the estimated cost. Resolution #2 then accepts the estimate and sets a public hearing on the need for the improvement.

For the petition received, all of the appropriate documents are attached for consideration of Resolutions #1 and #2. The resolution and the draft special assessment roll are based on an assumption of a 10% City contribution toward the project cost since this alley was not one of the three identified during the budget process. This petitioned alley has a rating of 2 on the map that was used during the budget discussions. Resolution #1 and #2 are presented which would set a public hearing on the necessity for the project for March 12, 2018. Recommended motion: Move to approve Resolutions #1 and #2 for Special Assessment District #1-18 as presented. NJR/ap

COMMISSION LETTER #032-18 MEETING DATE: FEBRUARY 26, 2018 Page 2

Subject: Alley Reconstruction July 1, 2016 Dear Property Owner: The alley adjacent to your property is in need of reconstruction. In May, a letter was sent to you that described the potential options to fix deteriorated paved alleys, including:

1. Reconstruction (financed via special assessment) 2. Returning the alley to gravel (no cost to property owners)

Based on questions received, we are sending this follow-up letter to clarify the associated costs and next steps, should there be an interest in your neighborhood to reconstruct the adjacent alley. By law, the City cannot use street funds to repair or reconstruct alleys. When the alley was first paved, it was paid for by a special assessment to the adjacent property owners with the expectation that any future reconstructions would also be financed via special assessment. Therefore, a new assessment is required should your neighborhood decide collectively to reconstruct the adjacent alley. To offset the expense, the City Commission has tentatively planned to contribute 10% of the cost of the reconstruction from the City’s general fund. Approximate Cost of Alley Reconstruction: The cost of reconstruction will be approximately $75.00 per lineal foot of property that abuts the alley. As an example; if you own a 60-foot-wide lot, your estimated cost for the prorated share of the 90% covered by property owners would be $4,050. Reconstruction Approval Process: If you would like the City Commission to consider reconstructing the alley in your neighborhood, the following steps outline the process:

1. The property owners of more than 50% of the property abutting the alley must petition to the City Commission for the reconstruction. You, or someone in your neighborhood, must obtain the signatures of the property owners who together own more than 50% of the property that abuts the alley.

2. If a petition is received from your neighborhood, City staff will complete an assessment of actual cost for the reconstruction of your specific alley.

3. The City will schedule a public hearing at which residents can offer input on the requested alley reconstruction. (Those who signed the petition can still withdraw their support at or before the public hearing.)

4. Following the public hearing, the City Commission will vote on the request. (If the owners of more than 50% of the property provide a written objection to the reconstruction, a two-thirds vote by the Commission for the improvement is required to move forward.)

- over-

5. If approved by the City Commission, all property owners abutting the alley would be

assessed their share. 6. The assessment for the cost of the reconstruction may be spread over a number of

years. For planning purposes, the City Commission has tentatively set guidelines for a repayment term of eight to 10 years. If the petition is approved, the City Commission will schedule a second public hearing to set the actual repayment schedule.

If the majority of the adjacent property owners choose not to petition for the reconstruction, the City will return the alley to gravel.

A sample petition is included with this letter. The deadline to submit a petition is Friday, July 22, 2016. Please send petitions to Jen Flachs, Division of Public Works, 1303 N. Franklin Street, Mt. Pleasant. If you have additional questions, please contact Jen at (989) 779-5406, or send an email to Jflachs@mt-pleasant.org. Thank you for your input! Sincerely, CITY OF MT. PLEASANT – PUBLIC WORKS

John Zang, Director Enclosure

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IMPROVEMENT PETITION

To the Honorable Mayor and City ...... c_o_rn_m_is_sio_n_: ___ _..__ _________ -----'----------------'-~------'-------____._---------1

We, the undersigned property owners do hereby petition your Honorable Body to create a Special Assessment District for

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SPECIAL ASSESSMENT DISTRICT 1-18 RESOLUTION NO. 1

WHEREAS, pursuant to provisions of the City Charter of the City of Mt. Pleasant and

Chapter 33: TAXATION, Section 33.17 “Authority to Assess”, of the Code of Ordinances, the City Commission of the City of Mt. Pleasant may commence proceedings for the making of local public improvements within the City and determine the tentative necessity thereof, and, WHEREAS, the City Commission has received a petition from property owners and tentatively deems it to be in the public interest, health and welfare to reconstruct the alley in the block between Fancher on the west, Kinney on the east, Locust on the south and Wisconsin on the north in the City Special Assessment District No. 1-18; NOW, THEREFORE, BE IT RESOLVED, THAT:

• The City Manager is directed to cause to be prepared a report which shall include all analysis and information required by Section 33.20 “Survey and Report”, of the Code of Ordinances,

• When the aforesaid report is completed, the City Manager shall file the same with the City Clerk for presentation to the Commission.

• All resolutions and parts of resolutions insofar as they conflict with the provisions of

this resolution be and the same hereby are rescinded.

SPECIAL ASSESSMENT DISTRICT 1-18 RESOLUTION NO. 2

WHEREAS, the City Manager has prepared a report concerning certain public

improvements in Special Assessment District No. 1-18, which includes all of the information to be included by Section 33.20 “Survey and Report” of the City’s Code of Ordinances; and, WHEREAS, the City Commission has reviewed said report; and, WHEREAS, the City Commission of the City of Mt. Pleasant determines that it is tentatively necessary to acquire and construct the public improvements in the City of Mt. Pleasant more particularly hereinafter described in this resolution; NOW, THEREFORE, BE IT RESOLVED, THAT:

• The City Commission hereby tentatively determines that the public improvements described more particularly hereinafter provided for are necessary.

• The total cost of said improvements is estimated to be $57,000. The amount of $51,300 shall be spread over the special assessment district as hereinafter described as a result of benefits to be received by the affected properties in the special assessment district. $5,700 shall be paid by the City-at-large.

Said special assessment district shall consist of all the lots and parcels of land as

follows: reconstruct the alley in the block between Fancher on the west, Kinney on the east, Locust on the south and Wisconsin on the north in the City Special Assessment District No. 1-18;

• Said estimated life of such public improvements is not less than fifteen (15) years.

• The affected properties in the special assessment district shall be assessed in

accordance with the relative portion of the sum to be levied in the district, as the benefit to the parcel of land bears to the total benefit to all parcels.

• The aforesaid report shall be placed on file in the office of the City Clerk where the

same shall be available for public examination.

• The City Commission shall meet on March 12, 2018 at 7:00 p.m., in the City Commission Room, City Hall, 320 W. Broadway St., for the purpose of hearing public input on the making of said public improvements.

• The City Clerk is hereby directed to cause notice of said hearing to be published and

mailed in accordance with applicable statutory and ordinance provisions.

• All resolutions and parts of resolutions conflicting with the provisions of this resolution are hereby rescinded.

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Special Assessment Project Spreadsheet

Alley Overlay

Fancher & Kinney

between Wisconsin & locust

Parcel Number Owner

17-000-07401-00

Richard Baber & Karen Varanauskas

420 S Kinney

Mt Pleasant, Ml 48858

17-000-07402--00 Joe Simons & Mary Lynn Schall

4311/2 5 Fancher Ave

Mt Pleasant, Ml 48858

17-000-07403-00

Karen Green & Leonora Forist Trust

439 S Fancher Ave

Mt Pleasant, Ml 48858

17--000-07 404-00 Richard Kennard & Catherine Hicks

509 E Locust

Mt Pleasant, Ml 48858

17-000-08751-00 Gordon Sigren

510 E Wisconsin

Mt Pleasant, Ml 48858

17-000-08752-00 Larry & Theresa Burdick

401 S Fancher Ave

Mt Pleasant, Ml 48858

17--000-08753..QO Anthony & Mary Kulick

409 5 Fancher Ave

Mt Pleasant, Ml 48858

17-000--08754-00 James & Carole Dickinson

15907 N Rock Valley Plz

Fountain Hills, Al. 85268

17-000..08755-00 Raini Isham

408 S Kinney

Mt Pleasant, Ml 48858

17-000-08756-00 Ronald & Marilyn Western Tst

415 5 Fancher Ave

Mt Pleasant, M! 48858

17--000-08757..QO Ara & Barbara Sheperdigian Tst

421 S Fancher Ave

Mt Pleasant, Ml 48858

17-000--08758-00 Suzanne Williams

410 S Kinney

Mt Pleasant, Ml 48858

17-000-08759-00 Angela Burdett

416 5 Kinney

Mt Pleasant, Ml 48858

17-000-08760-00 Michelle J Terry

705 S University

Mt Pleasant, Ml 48858

Estimated Project Cost

Estimated Owner's Share

Estimated City's Share

Legal Description

HALL ADD LOT 1 BLOCK 1

HALL ADD N 60 FT LOT 2 BLOCK 1

HALLADO, BLOCK!, LOT3&S6

FT LOT 2

HALL ADD W 1/2 LOT 4 BLOCK 1

KINNEY ADD W 65 FT LOT 1

BLOCK 29

KINNEY ADD LOT 2 BLOCK 29

KINNEY ADO LOT3 BLOCK 29

KINNEY ADD LOT 4 BLOCK 29

KINNEY ADO LOT 5 BLOCK 29

KINNEY ADD LOTG BLOCK 29

K!NNEY ADD N 56 FT LOT 7

BLOCK 29

KINNEY ADD LOT 8 BLOCK 29

KINNEY ADD LOT9 BLOCK 29

KINNEY ADDS 10 FT LOT 7 BLOCK

29 LOT 10 BLOCK 29

$57,000.00 $51,300.00

$5,700.00

Property Address

420 S Kinney

431 S Fancher Ave

& 4311/2

439 5 Fancher Ave

509 E Locust

510 E Wisconsin

401 S Fancher Ave

409 S Fancher Ave

406&404S

Kinney

408 S Kinney

415 5 Fancher Ave

421 S Fancher Ave

410 S Kinney

416 5 Kinney

427 S Fancher Ave

& 427 1/2

Front Foot Frontage

Factor

66

66

66

66

66

66

66

66

66

66

56

66

43.56

53.56

TOTALS:

1

1

1

1

1

1

1

1

1

1

1

1

1

1

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2/12/2018

Equivalent Rate Per Total Cost Per

Front Feet Front Foot Front foot

66 $58.35 $3,851.35

66 $58.35 $3,851.35

66 $58.3S $3,851.35

66 $58.35 $3,851.35

66 $58.35 $3,851.35

66 $58.35 $3,851.35

66 $58.35 $3,851.35

66 $58.35 $3,851.35

66 $58.35 $3,851.35

66 $58.35 $3,851.35

56 $58.35 $3,267.81

66 $58.35 $3,851.35

43.56 $58.35 $2,541.89

53.56 $58.3S $3,125.43

879.12 $51,299.98

COMMISSION LETTER #033-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: CONSIDER RESOLUTION TO AMEND THE CENTRAL BUSINESS

DISTRICT (CBD) TAX INCREMENT FINANCE AUTHORITY (TIFA) PLAN TO ADD FIRE SAFETY GRANTS AS AN ELIGIBLE PROJECT

At the November 13, 2017 City Commission meeting action was taken to postpone consideration of the amendment to the Central Business District (CBD) Tax Increment Finance Authority (TIFA) Development Plan. The recommendation from the TIFA Board was to amend the plan to allow for the use of captured TIFA funds for funding toward a fire protection grant program for eligible properties in the downtown. The City Commission requested the TIFA Board consider whether a no interest loan due upon sale could be considered for this program. The attached memo from Downtown Development Director Michelle Sponseller provides the history of the discussions and research by the TIFA Board. At their February meeting, the TIFA Board took action to recommend the fire grant safety program as originally proposed based on the rationale provided in her memo. Although the amendment includes an estimate of $600,000 over the life of the plan, the current 5-year capital plans only estimate an allocation of up to $150,000 in the next three years. Since the public hearing has already been held on this proposed plan amendment, the City Commission can take action on the recommendation from the TIFA Board. Recommended motion: Move to approve the resolution to add the fire protection as an eligible expense for the CBD TIFA Plan as presented. NJR/ap

MEMORANDUM

TO: Nancy Ridley, City Manager FROM: Michelle Sponseller, Downtown Development Director DATE: February 19, 2018 SUBJECT: Fire Safety Grant Update – TIFA Plan Amendment CC: Mary Ann Kornexl, Finance Director Bill Mrdeza, Community Services Division Director BACKGROUND Attached is the recommendation that was provided to the City Commission from the TIFA Board in fall, 2017 for an amendment to the CBD TIFA Development Plan. After holding the required public hearing, the City Commission voted to refer the amendment back to the TIFA Board to ask them to consider changing the program to a zero interest loan program due upon sale. At the November TIFA meeting the following questions were raised and staff was asked to pose the questions to legal and provide answers.

• What, if any is the income tax liability to the building owner? • What are the legal and tax ramifications of selling the building to a family member? • What are the ramifications if the building is “transferred” rather than sold (example – divorce,

death, etc.)? • What if there is a fire and the building is destroyed, what obligation would the owner and

insurance company have in repayment to the city? • What if the building is owned by a corporation and is transferred or sold to a subsidiary?

The city legal team indicated the details of the program can be tailored as the TIFA board sees fit and as the board hasn’t decided what elements to incorporate.

o Ex: if TIFA wanted the loan due only upon sale of the building to someone (person or corporation) outside of a sale between family members we can write it into the program. Another example would be to write into the program that if a fire destroys the building the loan would become due.

Legal can’t provide advice on the tax ramifications, property owners would need to make inquiries with their tax preparers. Based on this TIFA members requested staff present streamlined options for the fire safety grant at their February meeting so they would be able to review the options and provide feedback to city commission on the suggested change to the fire safety grant program.

Although TIFA members were unable to come to a consensus at their January meeting, some members indicated they would be interested in reviewing the possibility of changing the grant to a payback based on a specific number of years. Additionally, staff was requested to look into the possibility of Brownfields and Obsolete Property Rehabilitation Act (OPRA) for possible funding sources. At the February 15, 2018 meeting the following information was presented to the TIFA board:

• Brownfield o Fire safety equipment is not an eligible expense, eliminating it from a potential source of

funding. • Obsolete Property Rehabilitation Act (OPRA)

o OPRA are used for large scale rehabilitation projects rather than more modest conversions of vacant/office spaces to apartments. Only one potential applicant would fit the criteria.

Based on the numerous discussions and the information provided previously staff offered TIFA the following three options to choose from:

1. Keep the Fire Safety Grant Program as a grant with no changes to the program and ask city commission to consider after TIFA has discussed the suggestion of changing the program to payback upon sale of building.

2. Change Fire Safety Grant Program from grant to payback over a fixed period of time at zero-

interest. Staff believed this option, although not matching the City Commission suggested change of “due upon sale of property”, fits closely by providing payback to TIFA and also avoids many of the legal and tax preparer issues that were detailed above. Assuming the full $25,000 allocation, TIFA could have selected a payback timeframe from the following two options:

a. 5 year payback = $416.66 per month b. 10-year payback = $208.33 per month

3. Choose to eliminate the Fire Safety Grant Program.

At the February 15, 2018 meeting TIFA passed the motion for option #1, to keep the fire safety grant program as a grant with no changes to the program and ask city commission to approve the Central Business District TIFA plan amendment as presented previously. Requested Action: Consider the adoption of the attached resolution to amend the Central Business District TIFA plan on February 26, 2018.

Date: October 30, 2017 To: Nancy Ridley, City Manager From: Michelle Sponseller, Downtown Development Director CC: Mary Ann Kornexl, Finance Director

Bill Mrdeza, Community Services Division Director Re: Amendment the Central Business District TIFA Plan The CBD-TIFA was created in 1985 under the provisions of Act 450 of 1980. If the CBD-TIFA wishes to conduct activities permitted under Act 450 it must develop a “development plan.” Act 450 also specifies what the development plan must contain and the process that the Board and governing body (City Commission) must follow to adopt those plans. The Act also specifies how the plans are to be amended. Since the plans and amendments to those plans must be made by the governing body, the Act also requires that body to hold public hearings prior to adoption or modification of the plan. In an effort to promote fire protection within our irreplaceable, historic downtown, breathe new life into vacant spaces and provide unique housing opportunities back to these historic structures, the City has developed the Downtown Fire Protection Grant Program (Program) to assist with the cost to install necessary fire protection systems while maintaining and/or restoring the historic character of the building facades. The program is intended to provide funding to property owners in order to assist them with installing fire protection systems including suppression systems, sprinklers and fire alarms in existing commercial and residential buildings in the downtown historic district. Reimbursement grants are provided to property owners in recognition of the threat that fire poses to the residents of downtown, public at-large, loss of extensive taxable value, desire for growth in the number of residential housing units, and the unique historic buildings that help define our community’s character. Each building needs a new water lead from the water main in addition to the installation of the system, sprinklers and fire alarms. This is a reimbursement grant program – applicants must pay their contractors and suppliers and receive final approval for the installation before reimbursement by the city. Each grant is limited to $25,000 per property and the expectation is that we anticipate the leads will be shared with adjacent property owners whenever possible. To date there have been seven property owners who have expressed interest in this program however, there are more than 30 potential buildings that would be eligible for this program and 61 potential number new residents downtown. As the fire safety program is not currently listed as an eligible expense in the TIFA development plan it must be amended to include it so the program can begin in 2018. The plan amendment is listed on the following page. The TIFA plan amendment was considered at the September 21 meeting and is recommended for approval. This project was part of the 2018-2022 approved CIP and is still one of the priorities of the TIFA board in their latest budget prioritization, although at a lessor amount.

Please note the cost indicated on the proposed plan. Although TIFA does not have $600,000 available for the program, TIFA plans require an estimate for the expense and an end date. Staff calculated program at its max level each year ($75,000) over the remaining years in the plan (8) providing the cost of $600,000. Property owners within the district were notified of this public hearing via mailing on October 10, 2017 and local taxing jurisdictions were notified of this public hearing via certified mail on October 12, 2017. Additionally, there have been two public notices placed in the Morning Sun for notification of the public. Requested Action: Consider the adoption of the attached resolution to amend the Central Business District TIFA plan on November 13.

DRAFT AMENDMENT

Proposed Improvement

Goal Specification Cost Estimated Date

Fire Safety Program

Encourage renovation and revitalization of the historic downtown area and promote fire suppression.

A Downtown Fire Safety program will be implemented to provide fire suppression improvements that will enable the renovation and revitalization of historic downtown buildings and provide fire suppression and safety, allowing the redevelopment of buildings to create unique downtown development opportunities. The project will be implemented by entering into fire suppression agreements to assist with funding the installation of fire protection systems in historic downtown buildings. These improvements will help preserve the unique downtown character and facilitate continued development of the downtown area by protecting such historic buildings and the public from fire danger.

$600,000 2025

A-1

CITY COMMISSION CITY OF MOUNT PLEASANT

Isabella County, Michigan

Commissioner __________________, supported by Commissioner _________________, moved the adoption of the following resolution:

RESOLUTION NO. _________

A RESOLUTION TO APPROVE THE FIFTH AMENDMENT TO THE CENTRAL BUSINESS DISTRICT IMPROVEMENTS DEVELOPMENT PLAN AND TAX INCREMENT

FINANCING PLAN PROPOSED BY THE CITY OF MT. PLEASANT TAX INCREMENT FINANCING AUTHORITY AND TO PROVIDE FOR THE COLLECTION OF TAX

INCREMENT REVENUES

WHEREAS, pursuant to Act No. 450 of the Public Acts of 1981, as amended (the “Act”), the City

of Mt. Pleasant (the “City”) is authorized to establish a tax increment financing authority; and

WHEREAS, the City established the City of Mt. Pleasant Central Business District Tax Increment

Financing Authority (“TIFA”) pursuant to Resolution adopted on December 21, 1981; and

WHEREAS, the City adopted the Central Business District Improvements Development Plan and

Tax Increment Financing Plan (the “Plan”) by a Resolution, adopted on April 15, 1985; and

WHEREAS, pursuant to Section 18 of the Act, the Plan may be modified if the modification is

approved by the Mt. Pleasant City Commission after complying with such notice and public hearing

requirements as were required for the approval of the original Plan;

WHEREAS, the Plan has been amended by amendments adopted by the City on June 8, 1992,

December 11, 2000, April 23, 2007, and on February 9, 2009;

WHEREAS, the TIFA Board has prepared the Fifth Amendment to the Plan which is attached to

this Resolution as Exhibit A, and incorporated by reference (the “Fifth Amendment”); and

WHEREAS, the City Commission has made certain findings and has determined that approval of

the Fifth Amendment is in the best interest of the City and necessary to achieve the purposes of the Act.

A-2

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. Definitions. The terms used in this Resolution shall have the same meaning given them in the Act, unless the context clearly indicates to the contrary.

2. Public Purpose. The City Commission finds and confirms the continued necessity to halt property value deterioration, to eliminate the causes of such deterioration and to promote economic growth, and hereby determines that the Fifth Amendment adopted by the TIFA Board on September 21, 2017 constitutes a public purpose.

3. Considerations. In accordance with Section 18 of the Act, the City Commission has considered the factors enumerated in that section and herein stated, making the following determinations:

(a) There being no zoning changes or taking of property by eminent domain required by the Fifth Amendment, a development area citizens council was not formed.

(b) The Development Plan meets the requirements set forth in Section 16(2) of the Act.

(c) The proposed method of financing the development is feasible and the TIFA has the ability to arrange the financing.

(d) The development is reasonable and necessary to carry out the purposes of the Act.

(e) The amount of captured assessed value estimated to result from adoption of the Fifth Amendment is reasonable.

(f) Any land to be acquired within the Development Area is reasonably necessary to carry out the purposes of the Plan and of the Act.

(g) The Development Plan is in reasonable accord with the City’s master plan.

(h) Public services, such as fire and police protection and utilities, are or will be adequate to service the Development Area.

(i) Changes in zoning, streets, street levels, intersections and utilities are reasonably necessary for the project and for the municipality.

4. Meetings. Representatives of all taxing jurisdictions within which all or a portion of the Development Area lies have had reasonable opportunity to present their opinions and comments regarding the Fifth Amendment to the City Commission.

5. Public Hearing. The City Commission has held a public hearing on the Fifth Amendment with notice properly given in accordance with Section 17 of the Act, and the City Commission has provided an opportunity for all interested persons to be heard regarding the Fifth Amendment.

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6. Approval. The Fifth Amendment is hereby approved in the form attached hereto as Exhibit A.

7. Development Area. The Development Area as set forth and described in the Plan as continued in the Fifth Amendment is ratified and confirmed.

8. Transmittal of Revenues. The City Treasurer shall transmit to the TIFA that portion of the tax levy of all taxing bodies paid each year on real and personal property in the Development Area on the captured assessed value as set forth in the Tax Increment Financing Plan.

9. Repeal. All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict.

YEAS: Commissioner(s) NAYS: Commissioner(s) ABSTAIN: Commissioner(s) ABSENT: Commissioner(s)

CERTIFICATION I certify that this is a true and complete copy of a resolution adopted by the City Commission of the City of Mt. Pleasant, Michigan at a regular meeting held on _____________, noticed and conducted in accordance with applicable law. Dated: _____________ Jeremy Howard, Clerk

A-4

EXHIBIT A

FIFTH AMENDMENT TO THE CITY OF MT. PLEASANT CENTRAL BUSINESS DISTRICT

TAX INCREMENT FINANCING AUTHORITY CENTRAL BUSINESS DISTRICT IMPROVEMENTS

DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN

The City of Mt. Pleasant Central Business District Tax Increment Financing Authority (the “TIFA”) hereby amends its Central Business District Improvements Development Plan and Tax Increment Financing Plan which was approved by the City Commission (the “City Commission”) of the City of Mt. Pleasant, Michigan (the “City”) pursuant to the provisions of Act 450, Public Acts of Michigan, 1980, as amended (the “Act”) and also pursuant to a Resolution adopted by the City Commission on April 15, 1985 and amended by amendments adopted on June 8, 1993, December 11, 2000, April 23, 2007, and February 9, 2009 (the “Plan”).

This Fifth Amendment to the Central Business District Improvements Development Plan and Tax Increment Financing Plan (the “Fifth Amendment”) was adopted by the TIFA on September 21, 2017 and approved by the City Commission on _______________, 2017, by Resolution No. ______.

References herein to the “Plan” shall mean the original Plan as previously amended, and as amended by the Fifth Amendment. References to “Development Plan” shall mean the Development Plan portion of the Plan and Tax Increment Plan shall mean the Tax Increment Financing Plan Portion of the Plan. Terms used in this Fifth Amendment shall have the definition set forth in the original Plan, as amended.

Section 1. Section II.D. entitled, “Description of Improvements” is amended to add the following language regarding the project added to the Plan by this Fifth Amendment:

The following improvement, which will be made within the Development Area, is added by the Fifth Amendment (the “Fifth Amendment Project”):

Proposed Improvement (See Appendix A for details)

Estimated Time to Complete

1. Fire Protection Program 2025

Section 2. Appendix A to the Plan is amended to add the information regarding the

Fifth Amendment Project as provided in Appendix A hereto.

Section 3. This Fifth Amendment ratifies and confirms the original Plan, and to the extent necessary, the original Plan as previously amended is readopted. The terms and

A-5

provisions of the original Plan shall remain and be in full force and effect except to the extent they are amended by the provisions of this Fifth Amendment.

A-1

APPENDIX A-FIFTH AMENDMENT PROJECT

PROPOSED IMPROVEMENT GOAL SPECIFICATION COST ESTIMATED

DATE Fire Protection Program Encourage renovation and

revitalization of the historic downtown area and promote fire suppression.

A Downtown Fire Protection program will be implemented to provide fire suppression improvements that will enable the renovation and revitalization of historic downtown buildings and provide fire suppression and safety, allowing the redevelopment of buildings to create unique downtown development opportunities. The project will be implemented by entering into fire suppression agreements to assist with funding the installation of fire protection systems in historic downtown buildings. These improvements will help preserve the unique downtown character and facilitate continued development of the downtown area by protecting such historic buildings and the public from fire danger.

$600,000 2025

The project listed in this Plan shall include all necessary legal, engineering, architectural and other professional fees, the cost of the TIFA to develop and administer the project and may include such other improvements as the TIFA Board determines to be necessary, incidental to, or desirable in connection with the project set forth above. The TIFA Board shall have the authority to undertake the Fifth Amendment Project as it determines and as funds are available to do so. The Board and the City Commission may decide to alter the timetable of this project. GRAPIDS 57654-1 469532v1

COMMISSION LETTER #034-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: CONSIDER BUDGET AMENDMENTS WITHIN THE PRINCIPAL

SHOPPING DISTRICT BUDGET As part of the final 2017 amended budget, funds were assigned within the Principal Shopping District Fund for 2018 expenditures. The attached memo from Downtown Development Director Michelle Sponseller indicates that $7,800 was assigned the purchase of a water tank and trailer and $3,000 was assigned for funding toward the Back to the Bricks event. It is recommended these funds be allocated for expenditure in 2018 from the assigned fund balance. Recommended motion: Move to approve the budget amendments of $7,800 and $3,000 from the assigned fund balance of the Principal Shopping District Board. NJR/ap

MEMORANDUM TO: Nancy Ridley, City Manager CC: Mary Ann Kornexl, Finance and Administrative Division Director Bill Mrdeza, Community Services Division Director FROM: Michelle Sponseller, Downtown Development Director DATE: February 19, 2018 SUBJECT: Downtown Amended Budget Requests - 2018 The Downtown Development Director is requesting the approval to amend the 2018 downtown budget for the following:

• Water Tank and Trailer The PSD board voted in November 2017 to request the carryover of $7,800 for the purchase of one 500-gallon water tank and trailer. For greater efficiency, it was discovered that watering of the 281 hanging baskets can be completed at a faster rate in the early and gators can be used to haul smaller tanks and therefore cover a larger area in a short amount of time. The PSD Board is therefore recommending the purchase of two 300 gallon tanks and trailers rather than one 500- gallon tank.

At their February 15, 2018 meeting the PSD voted to recommend to the City Commission a budget amendment of $7,800 from the assigned fund balance to purchase the two water tanks and trailers. This account has a balance of $9,810 for 2018. The additional $803.54 needed for the purchase will come from the 2018 groundskeeping contractor services account.

• Back to the Bricks Event Funding (2018 only) $3,000

Requested a carryover of $3,000 at the end of 2017 from four events that came in under budget to use as funding for the Back to the Bricks Car Show Promo Tour coming to downtown on Friday, June 8. This event was not planned as part of the 2018 budget process as the Back to the Bricks organization approached us after the budget had been set.

Both of the carryover requests were approved by the City Commission in the final 2017 amended budget. Staff is requesting the City Commission approve the expenditures in 2018 as part of the PSD budget. Requested Action: Review and adopt the two budget amendments as presented.

COMMISSION LETTER #034-18 MEETING DATE: FEBRUARY 26, 2018

TO: MAYOR AND CITY COMMISSION FEBRUARY 21, 2018

FROM: NANCY RIDLEY, CITY MANAGER SUBJECT: CONSIDER APPOINTMENTS TO THE BOARDS AND COMMISSIONS

AS RECOMMENDED BY THE APPOINTMENTS COMMITTEE The Appointments Committee comprised of Commissioner Ling (chair), Commissioner Kulick, and Commissioner LaLonde are recommending an appointment to fill the vacant seat on the City/CMU Student Liaison Committee. Unanimously supported appointment to fill vacant seat City/CMU Student Liaison Committee: (Landlord seat) Tim Driessnack partial term to expire 12/31/20 Applicants: Several applicants but Mr. Driessnack was the only landlord applicant. Should you have any questions regarding the recommendation, please contact the Appointments Committee. Recommended motion: Move to approve the appointment as recommended by the Appointments Committee. NJR/ap

To: City Commission

From: Appointments Committee (Ling, Kulick, LaLonde)

The appointments committee has reviewed the application of Tim Driessnack to be the landlord representative on the CMU Student/City Liaison Committee. We all agree he is an excellent candidate. There are no other applications.

Therefore the Appointments unanimously recommends approval of the following motion:

MOTION: I move that Tim Driessnack be appointed to the CMU Student/City Liaison Committee for a term expiring on December 31, 2020

Submission ID

Submission Date

Name:

Date:

Residence:

Telephone:

Cell Phone:

E-mail

Please check all that apply:

Boards or Commissions inwhich you are interested. Youmay list more than one.Please list preferences inorder. If your first choice isunavailable we may contactyou for service on anotherboard.

Why are you interested in thisparticular board or boards?

Please list any communityservice and/or prior board orcommission service,including the name of theboard and term of service.

What experience or trainingdo you have which might beof special value on this boardor commission (i.e.education, job experience,length of residency, life inanother community, etc.)?

Board & Commission Application

3946238332218122984

2018-02-16 15:57:13

Tim Driessnack

02-16-2018 3:50 PM

1123 Country WayMt Pleasant, MI 48858

989-775-8919

989-205-4121

tim@amghousing.com

I own property

City-CMU liaison board

Being a resident and student landlord, I have an interest in the relationshipbetween CMU and our city.

Planning Commission 2015-2017TIFA/DDA board memeber 2014-2016DDA board chair 2016-presentMt Pleasant Community Foundation Finance Committee 2009-2015Mt Pleasant Community Church Trustee - 6 years

I have worked with the college community for over 20 years as a coffee shopowner and landlord.

Check Date Vendor Name Description Amount

02/02/2018 WRIGHT EXPRESS FINANCIAL SVCS CHARGES THRU 12/31/17 $13,636.19

02/02/2018 WRIGHT EXPRESS FINANCIAL SVCS CHARGES STARTING 1/01/18 52,027.59

02/06/2018 CITY TREASURER-PAYROLL FUND REG PAY #400 - FEB 9, 2018 263,783.32

02/12/2018 CITY TREASURER - UTILITIES WATER/SEWER 2,093.26

02/14/2018 MEDIANEWS - 21CM ADVERTISING CONTRACT SVCS 1,420.84

02/14/2018 ABC CPR TRAINING 400.00

02/14/2018 ACTION COMMUNICATIONS CONTRACT SVCS 198.16

02/14/2018 ELIZABETH ADAMS CONTRACT SVCS 72.00

02/14/2018 AIRGAS USA, LLC CONTRACT SVCS/CHEMICALS 2,952.24

02/14/2018 AQUASITE LLC CONTRACT SVCS 200.00

02/14/2018 ATI GROUP CONTRACT SVCS 3,316.56

02/14/2018 AVFUEL CORPORATION SUPPLIES/FUEL SALES 7,149.60

02/14/2018 AXIOM WIRING SERVICE, LLC CONTRACT SVCS 774.13

02/14/2018 BAYANET DEC 17 & JAN 18 EXP-2% TRIBAL 14,356.72

02/14/2018 BILL'S CUSTOM FAB, INC CONTRACT SVCS 103.50

02/14/2018 BLOCK ELECTRIC COMPANY CONTRACT SVCS 353.26

02/14/2018 BS&A SOFTWARE CONTRACT SVCS 13,820.00

02/14/2018 CARMEUSE LIME, INC. CHEMICALS 7,025.13

02/14/2018 CDW GOVERNMENT, INC SUPPLIES 8,029.94

02/14/2018 CENTURYLINK COMMUNICATIONS 16.89

02/14/2018 CHARTER COMMUNICATIONS CONTRACT SVCS 259.28

02/14/2018 CHEMCO PRODUCTS, INC CHEMICALS 1,715.00

02/14/2018 CINTAS CORPORATION SUPPLIES 62.36

02/14/2018 CENTRAL MICH UNIV - MAILROOM POSTAGE/HANDLING JAN-2018 2,783.10

02/14/2018 CENTRAL MICHIGAN UNIVERSITY LDFA GRANT 12,975.00

02/14/2018 CENTRAL MICHIGAN UNIVERSITY CONTRACT SVCS 183.00

02/14/2018 CENTRAL MICHIGAN UNIVERSITY CONTRACT SVCS 735.00

02/14/2018 CONSUMERS ENERGY UTILITIES 31,121.13

02/14/2018 COYNE OIL CORPORATION FUEL 6,300.43

02/14/2018 CULLIGAN SUPPLIES 38.00

02/14/2018 ECKERT'S GREENHOUSE CAPITAL ACQUISITIONS 24,800.00

02/14/2018 LUKE EPPLE JR REIMBURSEMENT 32.70

02/14/2018 ETNA SUPPLY SUPPLIES 725.52

02/14/2018 EVOQUA WATER TECHNOLOGIES LLC CONTRACT SVCS 399.00

02/14/2018 FERGUSON ENTERPRISES INC #2000 SUPPLIES 131.17

02/14/2018 FERGUSON WATERWORKS #3386 METER REPLACEMENT 12,822.76

02/14/2018 FIDELITY SECURITY LIFE INS/EYEMED OPTICAL PREMIUMS 1,062.48

02/14/2018 FISHER SCIENTIFIC COMPANY CHEMICALS 816.57

02/14/2018 FISHER TRANSPORTATION CO, INC CONTRACT SVCS 343.06

02/14/2018 FRONTIER COMMUNICATIONS COMMUNICATIONS 50.63

02/14/2018 GALLS, LLC UNIFORMS 134.47

02/14/2018 GILBOE'S LOCK & SAFE LLC CONTRACT SVCS 58.00

CHECK REGISTER FOR CITY OF MT PLEASANT

CHECK DATE FROM 2/02/18 - 2/15/18

------------------------------------------------------------------------------------------------------------------------------•

Check Date Vendor Name Description Amount

CHECK REGISTER FOR CITY OF MT PLEASANT

CHECK DATE FROM 2/02/18 - 2/15/18

02/14/2018 HCC LIFE INS. CO ADMIN-STOP LOSS INS 14,168.94

02/14/2018 HIRERIGHT CONTRACT SVCS 30.08

02/14/2018 JAMIE HOCKEMEYER REIMBURSEMENT 166.77

02/14/2018 RYAN HOEKWATER CONTRACT SVCS 300.00

02/14/2018 STEVE HOFER REIMBURSEMENT 190.63

02/14/2018 JEREMY HOWARD REIMBURSEMENT 98.10

02/14/2018 IDEXX DISTRIBUTION, INC. CHEMICALS 2,310.73

02/14/2018 ISABELLA BANK BOND PMT 13,861.00

02/14/2018 ISABELLA COUNTY CONTRACT SVCS 64.00

02/14/2018 ISABELLA COUNTY SHERIFF DEPT GRANT 895.42

02/14/2018 J & B MEDICAL SUPPLY, INC. SUPPLIES 44.63

02/14/2018 JACOB KAIN TRAINING 77.94

02/14/2018 BRIAN KENCH REIMBURSEMENT 119.90

02/14/2018 KENNEDY INDUSTRIES, INC SUPPLIES 1,997.66

02/14/2018 KOORSEN FIRE & SECURITY SUPPLIES 101.30

02/14/2018 KRAPOHL FORD LINCOLN MERC CONTRACT SVCS 91.87

02/14/2018 KUSSMAUL ELECTRONICS CO, INC. CONTRACT SVCS 647.46

02/14/2018 RYAN LONGORIA TRAINING 302.36

02/14/2018 PAT MCGUIRK EXCAVATING, INC CONTRACT SVCS 2,312.50

02/14/2018 MCLAREN CORPORATE SERVICES CONTRACT SVCS 906.00

02/14/2018 MCMASTER-CARR SUPPLY CO. SUPPLIES 126.01

02/14/2018 STATE OF MICHIGAN CONTRACT SVCS 260.00

02/14/2018 MID MICHIGAN AREA CABLE CONTRACT SVCS 900.00

02/14/2018 MID-MICHIGAN INDUSTRIES CONTRACT SVCS 6,327.00

02/14/2018 MIDDLE MICHIGAN DEVELOP CORP CONTRACT SVCS 30,875.00

02/14/2018 SARA MOSSETT REIMB-SEWER BACK UP 373.88

02/14/2018 MOTOROLA SOLUTIONS, INC. SUPPLIES 282.54

02/14/2018 MT PLEASANT TIRE SERVICE, INC SUPPLIES/VEHICLE MAINT 1,466.39

02/14/2018 NCL OF WISCONSIN SUPPLIES/CHEMICALS 10,588.12

02/14/2018 NYE UNIFORM COMPANY UNIFORMS 409.32

02/14/2018 DENNIS PETERSON CONTRACT SVCS 101.00

02/14/2018 PRO-SEAL, INC. SUPPLIES 345.22

02/14/2018 PVS STEEL SERVICES, INC CHEMICALS 2,627.14

02/14/2018 REPUBLIC SERVICES #239 CONTRACT SVCS 244.70

02/14/2018 NANCY RIDLEY REIMBURSEMENT 251.86

02/14/2018 KAITLYN ROBERTS CONTRACT SVCS 101.00

02/14/2018 ROWE PROFESSIONAL SERVICES CO CONTRACT SVCS 9,170.00

02/14/2018 SCIENTIFIC BRAKE & EQUIPMENT CO SUPPLIES 5,868.50

02/14/2018 SHRED-IT USA LLC CONTRACT SVCS 404.49

02/14/2018 SPACE SUPPLIES 373.00

02/14/2018 STATE WIRE AND TERMINAL, INC. SUPPLIES 85.27

02/14/2018 MACDONALD, JOHN UB REFUND 5.40

------------------------------------------------------------------------------------------------------------------------------•

Check Date Vendor Name Description Amount

CHECK REGISTER FOR CITY OF MT PLEASANT

CHECK DATE FROM 2/02/18 - 2/15/18

02/14/2018 MCCULLOUGH, DARRELL W UB REFUND 18.83

02/14/2018 UNIFIRST CORPORATION UNIFORM/CONTRACT SVCS 40.70

02/14/2018 DAYTON WALLIS CONTRACT SVCS 130.00

02/14/2018 WASTE MANAGEMENT CONTRACT SVCS 250.29

02/14/2018 OLIVIA WILTJER REIMBURSEMENT 8.01

02/14/2018 YEO & YEO CONSULT PC CPA CAPITAL ACQUISITIONS 10,900.00

02/14/2018 YEO & YEO CONSULT PC CPA CONTRACT SVCS 800.00

COMM TOTALS:

Total of 91 Checks: $611,298.95

Less 0 Void Checks: 0.00

Total of 91 Disbursements: $611,298.95

Wright Express

2/2/2018

Merchant Name Invoice Description Amount # of InvoicesADOBE SYSTEMS, INC SUPPLIES $31.78 2

AIRCRAFT SPRUCE AND SPECIALTY CO SUPPLIES 107.60 1

AIRGAS GREAT LAKES SUPPLIES 166.04 3

AMAZON.COM UNIFORMS 53.91 1

AMAZON.COM CONTRACT SVCS 99.00 1

AMAZON.COM SUPPLIES/VEHICLE MAINT 527.38 3

AMAZON.COM SUPPLIES 2,734.07 32

AMERICAN RED CROSS SUPPLIES 252.00 1

AMERICAN RED CROSS TRAINING 360.00 1

AUTO VALUE/BUMPER TO BUMPER SUPPLIES 6.99 1

AUTOZONE, INC. SUPPLIES/VEHICLE MAINT 124.99 2

BADER & SONS CO. SUPPLIES 466.41 1

BATTERIES PLUS #120 SUPPLIES 9.69 1

BILL'S CUSTOM FAB, INC CONTRACT SVCS 29.42 2

BRIGHAM'S AUTO SUPPLY, INC SUPPLIES 215.91 5

BSN SPORTS UNIFORMS 20.00 1

BULBAMERICA SUPPLIES 43.96 1

BURNIPS EQUIPMENT CO SUPPLIES 729.27 1

C & C ENTERPRISES, INC UNIFORMS 116.96 1

C &amp; C ENTERPRISES, INC SUPPLIES 80.87 4

CHOICE OFFICE PRODUCTS SUPPLIES 458.25 1

CONSUMERS CONCRETE CORPORATION SUPPLIES 71.50 1

COYNE OIL CORPORATION SUPPLIES 128.75 2

DELTA HOTELS BY MARRIOTT TRAINING 296.48 1

DICKS SPORTING GOODS SUPPLIES 49.96 1

DOLLARTREE SUPPLIES 65.64 1

DOUG&#39;S SMALL ENGINE REPAIR SUPPLIES 30.00 2

DREAMSTIME.COM SUPPLIES 39.00 1

DTE ENERGY UTILITIES 10,923.45 14

EBAY CONTRACT SVCS 55.00 2

EPIC SPORTS SUPPLIES 88.06 1

ETNA SUPPLY SUPPLIES 24.30 1

FACEBOOK ADS CONTRACT SVCS 336.90 2

FASTENAL COMPANY SUPPLIES 440.07 4

FBINAA MICHIGAN CHAPTER DUES 210.00 2

FBOPARTS.COM SUPPLIES 89.31 1

FERGUSON ENTERPRISES SUPPLIES 35.80 2

FITNESS THINGS, INC PLYMOUTH SUPPLIES 925.00 1

FLEETPRIDE SUPPLIES 18.53 1

GILL-ROY'S HARDWARE SUPPLIES 628.05 20

GORDON FOOD SERVICE SUPPLIES 679.37 5

Wright Express

2/2/2018

Merchant Name Invoice Description Amount # of InvoicesGOTOMYPC.COM CONTRACT SVCS 23.95 1

GRAINGER SUPPLIES 43.98 1

GS1 US, INC. SUPPLIES 150.00 1

GT RUBBER SUPPLY SUPPLIES 770.28 9

HARBOR FREIGHT TOOLS SUPPLIES 30.85 1

HOME DEPOT SUPPLIES 15.26 1

HOME DEPOT UNIFORMS 19.76 4

HOME DEPOT EQUIPMENT RENTAL 77.00 3

HOME DEPOT SUPPLIES 130.45 1

HOME DEPOT SUPPLIES 3,503.16 26

HOME DEPOT SUPPLIES 4,099.82 2

ICMA INTERNET CONTRACT SVCS 595.00 1

ICMA INTERNET DUES 1,027.00 1

INTERNATIONAL INST MUNI CLERKS DUES 300.00 2

JNR ENGRAVING SUPPLIES 129.00 2

KENMORE LABEL & TAG SUPPLIES 331.10 2

KRAPOHL FORD LINCOLN MERC CONTRACT SVCS 41.85 1

LEADERCAST WOMEN TRAINING 224.52 1

LITTLE CAESARS SUPPLIES 17.97 1

LITTLE CAESARS SUPPLIES 29.95 1

LOGOS GALORE/MORDICA SALES UNIFORMS (9.00) 1

MAEDER BROS, INC SUPPLIES 272.16 1

MASTERGRAPHICS SUPPLIES 166.00 1

MCMASTER-CARR SUPPLY CO. SUPPLIES 107.66 2

MEDLER ELECTRIC COMPANY CONTRACT SVCS 110.00 1

MEDLER ELECTRIC COMPANY SUPPLIES 1,041.68 7

MEIJER INC SUPPLIES 31.95 1

MEIJER INC SUPPLIES 196.78 1

MENARDS - MT. PLEASANT SUPPLIES 290.90 6

METRO 25 CAR CARE CONTRACT SVCS 28.50 1

MICHIGAN ASSN OF MUNI CLERKS DUES 120.00 2

MICHIGAN ASSN OF MUNI CLERKS TRAINING 1,050.00 2

MICHIGAN ASSOC. OF PLANNING TRAINING 210.00 3

MICHIGAN FARMERS MARKET ASSOC TRAINING 150.00 1

MICHIGAN MUNICIPAL LEAGUE DUES 130.00 1

MICHIGAN MUNICIPAL LEAGUE TRAINING 280.00 1

MICHIGAN REC & PARK ASSN DUES 135.00 1

MICHIGAN REC & PARK ASSN TRAINING 160.00 2

MICHIGAN REC &amp; PARK ASSN DUES 515.00 1

MICHIGAN REC &amp; PARK ASSN CONTRACT SVCS 620.00 1

MICROSOFT STORE SUPPLIES 2,902.94 2

Wright Express

2/2/2018

Merchant Name Invoice Description Amount # of InvoicesMIDLAND CHEMICAL CO, INC SUPPLIES 419.51 1

MIDLAND PAPER COMPANY SUPPLIES 235.56 1

MID-MICHIGAN PROPERTY MGT CONTRACT SVCS 166.00 1

MMTA DUES 50.00 1

MOREY'S LOGO SUPPLIES 52.00 1

MOREY'S LOGO CONTRACT SVCS 840.00 1

MPAREA CHAMBER OF COMMERCE CONTRACT SVCS 1,165.00 1

MT PLEASANT AUTOMOTIVE SUPPLY SUPPLIES 340.13 6

MT PLEASANT CHAMB OF COMMERCE TRAINING 65.00 1

MWEA TRAINING 1,125.00 3

NATIONAL ALLIANCE-YOUTH SPORTS SUPPLIES 67.06 1

NORM'S FLOWER PETAL SUPPLIES 440.00 1

OFFICE DEPOT SUPPLIES 24.06 1

OFFICE DEPOT SUPPLIES 34.02 1

OFFICE DEPOT SUPPLIES 52.28 1

OFFICE DEPOT SUPPLIES 79.66 2

OFFICE DEPOT SUPPLIES 132.70 1

OFFICE DEPOT SUPPLIES 1,279.16 7

OLSON TIRE SERVICE CONTRACT SVCS 15.00 1

OLSON TIRE SERVICE SUPPLIES 438.42 1

OMEGA PACIFIC SUPPLIES 69.15 1

PISANELLO'S PIZZA SUPPLIES 51.29 1

PLASTICPLACE.COM SUPPLIES 500.00 2

PRINTING SYSTEMS, INC SUPPLIES 431.18 2

REGISTER.COM CONTRACT SVCS 184.00 1

REMUS LUMBER SUPPLIES 256.50 2

RIC&#39;S FOOD CENTER SUPPLIES 13.35 1

RIC'S FOOD CENTER SUPPLIES 3.29 1

S & S WORLDWIDE, INC. SUPPLIES 215.00 1

SACRED HEART PARISH CONTRACT SVCS 400.00 1

SAM&#39;S CLUB #4982 SUPPLIES 109.80 1

SAM&#39;S CLUB #4982 SUPPLIES 225.92 2

SAM'S CLUB #4982 SUPPLIES 29.96 1

SAM'S CLUB #4982 CONTRACT SVCS 45.00 1

SAM'S CLUB #4982 SUPPLIES 1,226.54 1

SCIENTIFIC BRAKE & EQUIPMENT CO SUPPLIES 314.68 3

SCIENTIFIC BRAKE & EQUIPMENT CO CONTRACT SVCS 1,302.17 1

SEARS SUPPLIES 204.97 2

SHERWIN WILLIAMS SUPPLIES 106.13 2

SHERWIN WILLIAMS SUPPLIES 366.75 1

SHULTS EQUIPMENT, INC SUPPLIES 261.00 1

Wright Express

2/2/2018

Merchant Name Invoice Description Amount # of InvoicesSIMPLY ENGRAVING SUPPLIES 162.00 2

SPARROW REGIONAL MEDICAL SUPPLY SUPPLIES 47.52 1

SPORTSMITH.NET SUPPLIES 15.67 1

STANDARD ELECTRIC COMPANY SUPPLIES 11.78 1

STAPLES - MP SUPPLIES 55.99 1

STAPLES - MP SUPPLIES 111.83 2

STAPLES BUSINESS ADVANTAGE SUPPLIES 1,077.21 17

STAPLES CREDIT PLAN SUPPLIES 87.78 1

STAPLES CREDIT PLAN SUPPLIES 98.32 3

STATE OF MICHIGAN TRAINING 120.00 2

THE MORNING SUN MISCELLANEOUS 395.20 1

TLO ONLINE CONTRACT SVCS 25.00 1

TRACTOR SUPPLY - MP SUPPLIES 404.95 4

TRACTOR SUPPLY PLAN SUPPLIES 74.98 2

U S POSTMASTER CONTRACT SVCS 11.11 2

U S POSTMASTER POSTAGE 49.00 1

ULINE SHIP SUPPLIES SUPPLIES 322.31 1

UPS CONTRACT SVCS 12.31 1

VERIZON WIRELESS CONTRACT SVCS 17.70 1

VERIZON WIRELESS SUPPLIES 114.03 1

VERIZON WIRELESS COMMUNICATIONS 4,658.32 41

VOLGISTICS, INC CONTRACT SVCS 83.00 1

WALGREENS CONTRACT SVCS 517.85 1

WAL-MART SUPPLIES 318.94 3

WAL-MART COMMUNITY SUPPLIES 20.06 2

WIELAND SALES, INC SUPPLIES 732.26 2

WIELAND TRUCK CENTER - CLARE CONTRACT SVCS 905.40 1

WORDPRESS.COM CONTRACT SVCS 35.88 1

Total $65,663.78 393