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Read the competing ordinances that will be on the Nov. ballot

 Tuesday, August 16 the Detroit Elections Commission, Council President Brenda Jones, Corporate Council Melvin “Butch” Hallowell and City Clerk Janice Winfrey, moved forward the People’s Community Benefits Ordinance along with the ‘Enhanced’ Ordinance.

Both will be on the ballot in November. The People’s CBO was designated as Proposal A and the ‘Enhanced’ Ordinance will appear as Proposal B.

Detroiters in support of the People’s CBO packed the Election Commission Meeting and spoke passionately about the importance of following the Democratic process and moving the People’s CBO forward.

We want to thank and congratulate those who have supported and worked relentlessly for real Community Benefits in Detroit! Moving the People’s CBO toward the ballot has been a tremendous effort and an important act of citizen-led democracy on display with over 5000 Detroiters signing the petition over an 8 week period. In the face of voter suppression and suspension of democracy, the right of community to organize around an issue and move it to the ballot has become one of the last vestiges of the democratic process accessible to everyday Detroiters.

Read them for yourself!

http://detroitpeoplesplatform.org/read-the-peoples-cbo-proposal-a-on-the-november-ballot/

 

http://detroitpeoplesplatform.org/read-the-enhanced-ordinance-proposal-b-on-the-november-ballot/

Watch and Share the People’s CBO VIDEO

Visit Rise Together Detroit to learn more, get involved and support this grassroots effort.

Social Media: #RiseTogetherDetroit #CBO #DetroitPeoples

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Read the People’s CBO – Proposal A on the November ballot

BY COUNCIL MEMBER ­­­­­­­­­________________________,

AN ORDINANCE to amend Chapter 14 of the 1984 Detroit City Code, Community Development, by adding Article XII, titled Community Benefits, which consists of Sections 14-12-1 through 14-12-7, to provide for the purpose and applicability of this article; to provide for definitions of terms used in this article; to require provision of Community Benefits and executed Community Benefits Agreements for certain development projects seeking public support for investments above certain threshold levels; to provide for exemptions for applicability of the article, and to provide for penalties and enforcement of the article.

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF DETROIT THAT:

Section 1.  Chapter 14 of the 1984 Detroit City Code, Community Development, is amended by adding Article XII, Community Benefits, which consists of Sections 14-12-1 through 14-12-7, to read as follows:

CHAPTER 14.  COMMUNITY DEVELOPMENT

ARTICLE XII. Community Benefits

Sec. 14-12-1. Purpose; Title

(a) It shall be the policy of the City of Detroit to require, wherever feasible, proportional community benefits as a condition of significant public support for development in the form of subsidies, tax abatements, below-market priced land, or other enhanced public resources.

(b) This article shall be known as the “Detroit Community Benefits Ordinance.”

Sec. 14-12-2. Definitions

(a) “Community Benefits” means the amenities, benefits, commitments, or promises described in Section 14-12-3(a)(1)b. and in Section 14-12-4.

(b) “Community Benefits Agreement” means the legally enforceable contract negotiated and agreed to as set forth in Section 14-12-3(a)(1).

(c) “Contractor” means any person, firm, partnership, limited liability company, corporation, joint venture, proprietorship, or other entity that enters into a contract for performance of construction work on the development project within the Host Community, including subcontractors of any tier.

(d) “Detroit Business” shall mean any of the following businesses, as defined in Section 18-5-1 of this code:

(1)  Detroit-based business

(2)  Detroit-headquartered business

(3)  Detroit-resident owned business

(e) “Development Agreement” means, for the purposes of this Article, the agreement or agreements between the City and the developer pursuant to which the City provides or commits Public Support for Investment for a Tier 1 Development Project, Tier 2 Development Project, or High Impact Development Project, regardless of the label or title affixed to such agreement.

(f) “High Impact Development Project” means any development project that, because of the nature of the development and/or the Host Community, is reasonably expected to produce disproportionately high and adverse human health or environmental impacts, including social, esthetic, economic, physical, chemical, or biological impacts, in the Host Community. Determination  of whether a project is a High Impact Development Project shall be made by City Council as set forth in Section 14-12-3(a)(3).

(g) “Host Community” means the community within the census tract(s) where the development project is physically located and may also include communities within adjacent census tracts that may be adversely affected by the activities of the development project, as determined by the agreement among members of the Host Community representative organization to a Community Benefits Agreement, but shall in no case be smaller than the census tract where the development project is physically located.

(h) “Public Support For Investment” means either or both of:

(1)  direct or indirect transfer to the developer of city-owned land parcels that have a cumulative market value of Three Hundred Thousand Dollars ($300,000) or more (as determined by the City Assessor or independent appraisal), without open bidding or priced below market rates (where allowed by law); or

(2)  Provision or approval by the City of other forms of public subsidies to the developer, including but not limited to tax abatements or grants, that are cumulatively valued at Three Hundred Thousand Dollars ($300,000) or more, but not including Neighborhood Enterprise Zones.

(i) “Tier 1 Development Project” means a development project in the City of Detroit that is expected to incur the investment of Fifteen Million Dollars ($15,000,000) or more during the construction of facilities or plant, or to begin or expand operations or renovate structures.

(j) “Tier 2 Development Project” means a development project in the City of Detroit that is expected to incur the investment of more than Three Million Dollars ($3,000,000), but less than Fifteen Million Dollars ($15,000,000), during the construction of facilities or plant, or to begin or expand operations or renovate structures.

Sec. 14-12-3. Providing Community Benefits; Community Benefits Agreements; when required.

(a) Upon submission of a site plan for a Tier 1 Development Project to the Planning and Development Department or its successor, if the developer intends to seek Public Support for Investment in the project it shall notify the department, and the department shall then forthwith request that a written notice be generated by the City Clerk’s office, informing the Host Community of the proposed project and of a scheduled organizational meeting.  The first organizational meeting for purposes of forming the Host Community representative organization to negotiate and execute a Community Benefits Agreement shall be called by the City Council Member or Members in whose district(s) the project is located.  The Council Member(s) shall schedule and call the first organizational meeting of the Host Community for purposes of forming the Host Community representative organization within twenty-one (21) days of the date of notice informing the Host Community of the proposed project.  Other than hosting the meeting, Council members and other City officials shall have no direct involvement in the processes of forming the Host Community representative or negotiating the Community Benefits Agreement.  The following standards and requirements shall apply to providing Community Benefits as a condition of receiving Public Support for Investment:

(1)   Tier 1 Development Project.

  1. For any proposed Tier 1 Development Project that requests or proposes the receipt of Public Support For Investment, the developer shall engage Host Community residents for purposes of entering into a legally enforceable Community Benefits Agreement between the developer and representative residents, businesses and nonprofit organizations, collectively comprising the Host Community representative party to the Community Benefits Agreement.
  2. The Community Benefits Agreement shall provide for Community Benefits as negotiated by the parties, and shall specifically address each of the following:

(1)  targeted benefits

(2)  low- and moderate-income housing,

(3)  quality of life or environmental mitigations,

(4)  neighborhood, infrastructure and amenities, and

(5)  community representation for the benefit of the Host Community in the development and post-development processes.

Although the Community Benefits Agreement shall specifically address each of the above issues, that does not mean that the parties are required to reach an agreement providing any particular benefit, only that each of the above subjects must be recognized in the written agreement using language agreed upon by the parties.

  1.  Unless good cause is shown by a developer that it should receive an exemption as provided in Section 14-12-5, the developer shall include a copy of the executed Community Benefits Agreement with the request for City Council approval for the Public Support For Investment.  Violation without good cause shown by a developer shall result in denial of approval for any such Public Support for Investment.

(2)  Tier 2 Development Project.  For any proposed Tier 2 Development Project that requests or proposes the receipt of Public Support For Investment, the developer may but is not required to engage the Host Community residents to execute a Community Benefits Agreement describing the Community Benefits to be provided by the developer in the manner described by Section 14-12-3(1).  If no Community Benefits Agreement is executed, however, the developer shall adopt and implement a Community Benefits Package, the terms of which shall be included in the Development Agreement.

(3)  High Impact Development Project.  For any proposed High Impact Development Project that requests or proposes the receipt of Public Support For Investment, Detroit City Council may determine that the requirements of Section 14-12-3(a)(1) shall apply.  Determination of whether a project is a High Impact Development Project shall be made by finding of City Council expressed in a resolution, after a public hearing requested by a resident of the Host Community and duly noticed and conducted for the purpose of ascertaining whether the projects meets the definition of a High Impact Development Project.  City Council may call on the assistance of the City Planning Commission, the Planning Department, and other resources to assist in its determination.  The developer and residents of the Host Community shall be entitled to speak at the public hearing.

Sec. 14-12-4. Community Benefits

(a) The following is a non-exclusive list of examples of Community Benefits that may be considered on a voluntary basis for inclusion in a Community Benefits Agreement, or in a Development Agreement:

(1)  Educational Programs, such as:

  1. Education in the City’s high schools, community colleges and other educational programs.

b. One or more adult education programs operated by one or more qualified administration or an administrative collaboration comprised of organizations that benefit residents of the Host Community, including but not limited to agencies such as the Partnership fro Diversity and Opportunity in Transportation.

  1. Actively supporting educational activities that provide employment opportunities for residents of the Host Community, including but not limited to programs through federal funds received annually and allocated by agencies such as the State’s Michigan Works! Partner, Detroit Employment Solutions Corporation, or another appropriate agency or entity.
  2. Providing annual Contractor readiness training for Detroit Businesses, through the United States Department of Transportation Bonding Education Program or other relevant training opportunities.
  3. Hosting annual Contractor information and networking sessions about upcoming contracting opportunities with the Michigan Department of Transportation in the City of Detroit.
    1. Providing program materials, training and support for Detroit Public Schools/CTE (DPS) or other educational institutions in the Host Community.
    2. Providing employment and career mentoring opportunities for youths who reside in the Host Community, including but not limited to the Michigan Department of Transportation’s Youth Development and Mentoring Program.

(2)  Land Use Programs:

  1. Actively promoting City real estate and investment opportunities in the Host Community through agencies such as the Michigan Prospectus or another appropriate real estate investment agency or entity.
  2. Providing additional recreational activities, parks, educational services, environmental amenities, housing capacity or other benefits in the Host Community.
  3. Providing funds for demolition of abandoned homes or other structures in the Host Community.

 

 

(3)Small Business Inclusion and Participation:

  1. Targeted outreach within the Host Community for Detroit-based small businesses, minority-owned business enterprises, women-owned business enterprises and relevant business organizations and chambers.
  2. Inclusion of Host Community Detroit-based small businesses, minority-owned business enterprises, women-owned business enterprises and relevant business organizations in pre-bid meetings and conferences with advance notice.
  3. Hosting annual procurement, contracting and hiring forums with information and networking sessions about upcoming procurement, contracting and hiring opportunities with the procurement department and Detroit Economic Growth Corporation in the City of Detroit.
  4. Meet with Host Community Detroit-based small businesses, minority-owned business enterprises, women-owned business enterprises and relevant business organizations to train, develop and prepare for potential contractual opportunities.
  5. Unbundling of construction work into bid sizes that will allow Detroit-based small businesses level competition, without restricting the project timelines.Assistance with access to bonding, lending, insurance, access to capital, procurement and other types of capacity-related assistance where necessary and available.

 

(4)  Provisions that require periodic reporting, the frequency to be determined by the parties, of activities and ongoing monitoring of compliance by the parties throughout the course of the project.

a. Provisions that require the parties to periodically meet and confer, the frequency to be determined by the parties, and disclose the parties’ activities and the status of compliance to the Host Community residents, and that require periodic public meetings with the opportunity for input and comments by Host Community stakeholders.

b. A community needs assessment regarding the Host Community at the developer’s expense.

c. An environmental and/or public health assessment of the impacts of the proposed development at the developer’s expense.

  1. Specified remedies for violation of the Community Benefits Agreement, which unless otherwise agreed to by the parties, may include, without limitation specific performance, liquidated damages, claw backs, or revocation or withdrawal of tax abatement and public subsidies, either directly by the City of Detroit, or by application to the Michigan Tax Tribunal or Michigan Tax Commission, as provided by law.

Sec. 14-12-5. Exemptions

(a)   The developer may request from the City Council a resolution exempting it from the requirement of entering a Community Benefits Agreement by demonstrating that:

(1)  Identifying a Host Community representative organization to negotiate with on behalf of the Host Community is infeasible or impractical; or

(2)  Good faith negotiations have occurred for a reasonable time period, but negotiations have reached an intractable impasse; or

(3)  Other exigencies make entering a Community Benefits Agreement infeasible in the particular instance.

(b)  To request an exemption, the developer shall

(1)  Provide to the City Council in writing the basis of its request,

(2)  State with particularity the efforts made by the developer to engage the Host Community and the efforts to reach accord on a Community Benefits Agreement, and

(3)  Document how it will otherwise seek to implement the purpose of this Article to provide Community Benefits.

Sec. 14-12-6. City as Third-Party Beneficiary; Development Agreement.

(1)  A Community Benefits Agreement under this Section shall include a provision that the City is an intended Third Party Beneficiary and as such the City may, in its discretion, enforce the Community Benefits Agreement.  Any Development Agreement shall not preclude, prevent, or otherwise limit the Host Community representative party or its successors from having standing to enforce a Community Benefits Agreement.  This subsection shall not be interpreted to change, alter, or diminish the legal and equitable duties, rights, and remedies of the parties to the Community Benefits Agreement.

Sec. 14-12-7. Penalties for Noncompliance; Enforcement;

(1)  The provisions of this Article are prescriptive in nature, and are set forth as required conditions to request, provision, and receipt of Public Support For Investment for Tier 1 Development Projects, Tier 2 Development Projects, and High Impact Development Projects.  Material failure to comply with the provisions of this Article may result in denial, suspension, terminate, and revocation, or withdrawal of Public Support For Investment, but shall not be subject to the penalties set forth in Sec 1-1-9 of this code.  Except, when obtained through substantial and material misrepresentation or fraud, the resolution of City Council approving the Public Support For Investment shall be  evidence of compliance with the provisions of this Article, and thereafter remedies shall be limited to enforcement of the Community Benefits Agreement and/or Development Agreement.

Section 2.  This ordinance is hereby declared necessary to preserve the public peace, health, safety, and welfare of the People of the City of Detroit.

Section 3.  All ordinances or parts of ordinances that conflict with this ordinance are repealed.

Section 4.  In the event this ordinance is passed by two-thirds (2/3) majority of City Council Members serving, it shall be given immediate effect and become effective upon publication in accordance with Section 4-118 of the 2012 Detroit City Charter.  Where this ordinance is passed by less than a two-thirds (2/3) majority of City Council Members serving, it shall become effective on the thirtieth (30) day after enactment or on the first business day thereafter in accordance with Section 4-118 of the 2012 Detroit City Charter.

#END

Read the “Enhanced” Ordinance
http://detroitpeoplesplatform.org/read-the-enhanced-ordinance-proposal-b-on-the-november-ballot/

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Read the ‘Enhanced’ Ordinance – Proposal B on the November ballot

S U M M A R Y
AN ORDINANCE to amend Chapter 14 of the 1984 Detroit City Code, Community Development, by adding Article XII, titled Community Benefits, which consists of Sections 14-12-1 through 14-12-5, to provide for the purpose and applicability of this article; to provide for definitions of terms used in this article; to require community engagement and community benefit for certain development projects seeking public support for investment above certain threshold levels; to provide for exemptions for applicability of the article, and to provide for enforcement of the article.

BY COUNCIL MEMBER__________________________________________:

AN ORDINANCE to amend Chapter 14 of the 1984 Detroit City Code, Community Development, by adding Article XII, titled Community Benefits, which consists of Sections 14-12-1 through 14-12-5, to provide for the purpose and applicability of this article; to provide for definitions of terms used in this article; to require community engagement and community benefit for certain development projects seeking public support for investment above certain threshold levels; to provide for exemptions for applicability of the article, and to provide for enforcement of the article.

IT IS HEREBY ORDAINED BY THE PEOPLE OF THE CITY OF DETROIT THAT:
Section 1. Chapter 14 of the 1984 Detroit City Code, Community Development, is amended by adding Article XII, Community Benefits, which consists of Sections 14-12-1 through 14-12-5, to read as follows:

CHAPTER 14. COMMUNITY DEVELOPMENT
ARTICLE XII. COMMUNITY BENEFITS

Sec. 14-12-1. Purpose; Title
(a) The City is committed to community outreach and engagement that promotes transparency and accountability and ensures development projects in the City of Detroit benefit and promote economic growth and prosperity for all residents.
(b) This article shall be known as the “Detroit Community Benefits Ordinance.”
Sec. 14-12-2. Definitions
Community Benefits Provision means the agreement made by and between the Planning Director and the Developer which specifically addresses the issues raised by the NAC.

Enforcement Committee means a committee led by the City’s Corporation Counsel and composed of representatives from the Planning and Development Department, Law Department, Human Rights Department, and other relevant City departments as determined by the Planning Director.

Impact Area means an area determined by the Planning Director that includes all census tracts or census block groups in which the Tier 1 Project is located, and any other areas as determined by the Planning Director.

NAC means the Neighborhood Advisory Council.

Planning Director means the Director of the City of Detroit’s Planning and Development Department, or a member of the Planning Director’s staff working on behalf of the Planning Director.

Tier 1 Development Project means a development project in the City that is expected to incur the investment of Seventy-five Million Dollars ($75,000,000) or more during the construction of facilities, or to begin or expand operations or renovate structures, where the developer of the project is negotiating public support for investment in one or both of the following forms:
(1) Any transfer to the developer of City-owned land parcels that have a cumulative market value of One Million Dollars ($1,000,000) or more (as determined by the City Assessor or independent appraisal), without open bidding and priced below market rates (where allowed by law); or
(2) Provision or approval by the City of tax abatements or other tax breaks that abate more than One Million Dollars ($1,000,000) of City taxes over the term of the abatement that inure directly to the Developer, but not including Neighborhood Enterprise Zone tax abatements.

Tier 2 Development Project means a development project in the City that does not qualify as a Tier 1 Project and is expected to incur the investment of Three Million Dollars ($3,000,000) or more, during the construction of facilities, or to begin or expand operations or renovate structures, where the Developer is negotiating public support for investment in one or both of the following forms:

(1) Land transfers that have a cumulative market value of Three Hundred Thousand Dollars ($300,000) or more (as determined by the City Assessor or independent appraisal), without open bidding and priced below market rates; or
(2) Tax abatements that abate more than Three Hundred Thousand Dollars ($300,000) of City taxes over the term of the abatement that inure directly to the Developer, but not including Neighborhood Enterprise Zone tax abatements.

Sec. 14-12-3. Tier 1 Projects.

(a) Community Engagement Process for Public Meeting.
(1) Prior to submitting to City Council a request for approval of Land transfers or Tax abatements related to a Tier 1 Project, the Planning Director shall hold at least one public meeting in the Impact Area as defined in this Section.
(2) The City Clerk shall forward notice of the public meeting via First Class Mail no less than 10 days before such meeting to all City of Detroit residents within three hundred radial feet of the Tier 1 Project. The notice shall include:
a. The time, date and location of the public meeting;
b. General information about the Tier 1 Project;
c. A description of the Impact Area and the location of the Tier 1 Project;
d. Information related to potential impacts of the Tier 1 Project and possible mitigation strategies; and
(3) In addition to the notice requirement contained in Subsection (2) of this section, the Planning Director shall work with the District Council Member or Members representing the district or districts where the Tier 1 Project is located and at least one At-large Council Member to ensure that local residents, businesses, and organizations, especially those located in the Impact Area and those expected to be directly impacted by the Tier 1 Project are informed of the public meeting.
(4) At the public meeting, the Planning Director will present general information about the Tier 1 Project, discuss ways in which the Tier 1 Project is anticipated to impact the local community, and ways in which the Developer and the Planning Director plan to address or mitigate these impacts.
(5) City Council shall appoint a liaison from the Legislative Policy Division to monitor the community engagement process and provide updates to City Council.
(6) The Planning Director shall provide notice to the liaison of all upcoming meetings and activities associated with the community engagement process related to the Tier 1 Project.

(b) Neighborhood Advisory Council.
(1) The Planning Director will accept nominations to the NAC from any person that resides in the Impact Area.
(2) All residents over the age of 18 that reside in the Impact Area are eligible for nomination.
(3) The NAC shall consist of nine members, selected as follows:
a. Two Members selected by residents of the Impact Area chosen from the resident nominated candidates;
b. Four Members selected by the Planning Director from the resident nominated candidates, with preference given to individuals the Planning Director expects to be directly impacted by the Tier 1 Project;
c. One Member selected by the Council Member in whose district contains the largest portion of the Impact Area from the resident nominated candidates; and
d. One Member selected by the At-Large Council Members from the resident nominated candidates.
(4) If the Planning Director receives less than nine nominations, the Planning Director may seek out additional nominations from individuals that live outside the Impact Area but within the City Council district or districts where the Tier 1 Project is located.
(5) All actions of the NAC may be taken with the consent of a majority of NAC members serving.

(c) Engagement with Developer.
(1) In addition to the meeting required in Subsection (a)(1) of this section, the Planning Director shall facilitate at least one meeting between the NAC and the Developer to allow the NAC to learn more details about the project and to provide an opportunity for the NAC to make Developer aware of concerns raised by the NAC.
(2) City Council by a 2/3 vote of members present or the Planning Director may facilitate additional meetings which the Developer, or the Developer’s designee, shall participate in as directed.
(3) As part of community engagement the developer, or their designee, shall be required to meet as directed.

(d) Community Benefits Report.
(1) The Planning Director shall provide a Community Benefits Report to City Council regarding the Tier 1 Project prior to the request for any approvals related to the Tier 1 Project.
(2) The Community Benefits Report shall contain:
a. A detailed account of how notice was provided to organize the public meeting.
b. A list of the NAC members, and how they were selected.
c. An itemized list of the concerns raised by the NAC.
d. A method for addressing each of the concerns raised by the NAC, or why a particular concern will not be addressed.
(3) The Planning Director, where possible, shall provide a copy of the Community Benefits Report to the NAC prior to submission to City Council.
(4) To ensure an expeditious community engagement process, the Planning Director, where possible, shall submit the initial Community Benefits Report within six weeks from the date the notice is sent of the public meeting.
(5) The Planning Director shall work with City Council to assure that, to the maximum extent possible, all of the approvals required of City Council may be considered simultaneously and subject to one approval vote.
(6) The Planning Director shall work with other City departments to facilitate that Tier 1 Projects receive expedited City-required approvals.

(e) Development Agreement.
(1) All development agreements made between the Developer and the City related to the land transfers or tax abatements associated with a Tier 1 Project shall include the Community Benefits Provision, which shall include:
a. Enforcement mechanisms for failure to adhere to Community Benefits Provision, that may include but are not limited to, clawback of City-provided benefits, revocation of land transfers or land sales, debarment provisions and proportionate penalties and fees; and
b. The procedure for community members to report violations of the Community Benefits Provision to the NAC.
c. The length of time that Annual Compliance Reports as outlined in Subsection (f)(2) of this section, are required to be submitted.
d. Continued community engagement or community meeting requirements.
(2) The Developer shall not be required to enter into a legally binding agreement with any individual or organization other than the City for the express purpose of fulfilling the requirements of this ordinance or other City-mandated community engagement processes.
(3) The Developer may voluntarily enter into any contract or agreement related to the Tier 1 Project that does not pose a conflict of interest with the City.

(f) Enforcement.
(1) An Enforcement Committee shall be established to monitor Tier 1 Projects.
a. The Enforcement Committee shall be comprised of, at minimum, the following four individuals:
i. Corporation Counsel for the City of Detroit; or their designee.
ii. a representative from the Planning and Development Department;
iii. a representative from the Law Department;
iv. a representative from the Human Rights Department.
b. In addition to the members of the Enforcement Committee as identified in Subsection (1)a of this section, the Planning Director may require that other departments participate in the Enforcement Committee as needed.
(2) The Enforcement Committee shall provide a biannual compliance report to the City Council and the NAC for the time period identified in the Community Benefits Provision.
(3) The Planning Director shall facilitate at least one meeting per calendar year between the NAC and the Developer to discuss the status of the Tier 1 Project for the time period identified in the Community Benefits Provision.
(4) The NAC shall review any allegations of violations of the Community Benefits Provision provided to it by the community, and may report violations to the Enforcement Committee in writing.
(5) Upon receipt of written notification of allegations of violation from the NAC, the Enforcement Committee shall investigate such allegations and shall present their written findings to the NAC based upon the following:
a. Whether the Developer is in compliance with the Community Benefits Provision; and
b. How the Community Benefits Provision will be enforced or how violations will be mitigated.
(6) The findings of the Enforcement Committee shall be presented to the NAC no later than 21 days from the date the violations were reported to the Enforcement Committee, unless the need for additional time is reported to City Council and the NAC within the original 21 day time frame.
(7) If the NAC disagrees with the findings of the Enforcement Committee or determines that the Enforcement Committee is not diligently pursuing the enforcement or mitigation steps outlined in its findings, the NAC may send notice to the Enforcement Committee, and the Enforcement Committee shall have 14 days from receipt of notice to respond to the concerns outlined.
(8) If the NAC is not satisfied with the Enforcement Committee’s response, the NAC may petition the City Clerk and request that City Council schedule a hearing with opportunity for both the Enforcement Committee and the NAC to present information related to the alleged violations of the Community Benefits Provision and any enforcement or mitigation efforts that have occurred.
(9) If City Council elects to hold a hearing, or based upon the written information 22 submitted, City Council shall determine whether the Enforcement Committee has made reasonable efforts to ensure that the Developer has complied with the Community Benefits Provision.
a. If City Council determines that the Enforcement Committee has made reasonable efforts, City Council shall notify the NAC and the Enforcement Committee of their findings.
b. If City Council finds that the Enforcement Committee has not made reasonable efforts, City Council shall make specific finding to the Enforcement Committee on the steps that need to be taken to comply with the Community Benefits Provision.
i. The Enforcement Committee shall provide City Council and the NAC monthly updates on compliance actions until City Council adopts a resolution declaring that the Developer is in compliance with the Community Benefits Provision or has taken adequate steps to mitigate violations.
ii. City Council may hold additional hearings related to enforcement of the Community Benefits Provision as needed.

(g) Development projects that are allowed as by-right or conditional land uses under the Detroit Zoning Ordinance and located downtown, the area bounded by the Detroit River and the center lines of Brooklyn Avenue (extended), West Jefferson Avenue, Eighth Street, West Fort Street, Brooklyn Avenue, Porter Street, John C. Lodge Freeway (M-10), Fisher Freeway (I-75), Chrysler Freeway (I-375), East Jefferson, Rivard Street, Atwater Street, and Riopelle Street extended to the Detroit River do not qualify as Tier 1 Projects.

Sec. 14-12-4. Tier 2 Projects.
(a) Developers shall:
(1) Partner with the City, and when appropriate, a workforce development agency to promote the hiring, training and employability of Detroit residents consistent with State and Federal Law.
(2) Partner with the Planning Director to address and mitigate negative impact that the Tier 2 Project may have on the community and local residents.
(b) The Developer’s commitment as identified in Subsection (a) of this section shall be included in the development agreements related to any land transfers or tax abatements associated with the Tier 2 Project for which the Developer seeks approval.

Sec. 14-12-5. Exemptions.
The requirements of this ordinance may be waived by resolution of the City Council upon submission by either the Planning Director or the Developer identifying reasons that the requirements of this ordinance are impractical or infeasible and identifying how the Developer will otherwise provide community benefits.

Section 2. All ordinances, or parts of ordinances, that conflict with this ordinance are 1 repealed.
Section 3. This ordinance is declared necessary for the preservation of the public peace, health, safety, and welfare of the People of the City of Detroit.
Section 4. The article added by this ordinance has been enacted as comprehensive local legislation. It is intended to be the sole and exclusive law regarding its subject matter, subject to provisions of state law.

Approved as to form:

_____________________________
Melvin B. Hollowell
Corporation Counsel

#END

Read the People’s CBO

http://detroitpeoplesplatform.org/read-the-peoples-cbo-proposal-a-on-the-november-ballot/