Notice City Commission Regular Meeting

Notice City Commission Regular Meeting

7:00 pm Monday, December 3, 2018

Commission Chambers, Governmental Center 400 Boardman A venue

Traverse City, Michigan 49684 Posted and Published: 11-29-2018

CITY! TRAVERSE CITY

Meeting informational packet is available for public inspection at the Traverse Area District Library, City Police Station, City Manager's Office and City Clerk's Office.

The City of Traverse City does not discriminate on the basis of disability in the admission to, access to, treatment in, or employment in, its programs or activities. Penny Hill, Assistant City Manager, 400 Boardman Avenue, Traverse City, Michigan 49684, phone 231-922-4440, TDD/TTY 231-922-4412, VRS 231-421-7008, has been designated to coordinate compliance with the nondiscrimination requirements contained in Section 35.107 of the Department of Justice regulations. Information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA Coordinator.

If you are planning to attend and you have a disability requiring any special assistance at the meeting and/or if you have any concerns, please immediately notify the ADA Coordinator.

City Commission: c/o Benjamin Marentette, MMC, City Clerk (231) 922-4480 Email: [email protected] Web: www.traversecitymi.gov 400 Boardman A venue Traverse City, MI 49684

The mission of the Traverse City City Commission is to guide the preservation and development of the City 's infrastructure, services, and planning based on extensive participation by its citizens coupled with the expertise of the city's staff The Commission will both lead and serve Traverse City in developing a vision for sustainability and the future that is rooted in the hopes and input of its citizens and organizations, as well as cooperation from surrounding units of government.

City Commission Regular Meeting Agenda

2 December 3, 2018

Welcome to the Traverse City Commission meeting!

Agenda

Any interested person or group may address the City Commission on any agenda item when recognized by the presiding officer or upon request of any Commissioner. Also, any interested person or group may address the City Commission on any matter of City concern not on the Agenda during the agenda item designated Public Comment. The comment of any member of the public or any special interest group may be limited in time. Such limitation shall not be less than five minutes unless otherwise explained by the presiding officer, subject to appeal by the Commission.

Pledge of Allegiance

1. Roll Call

Presentation by Mayor Jim Carruthers of a Key to the City and a Mayoral Tribute to Rotary Charities of Traverse City Executive Director Marsha Smith, in appreciation for her transformational work that has made a lasting impact in our region.

2. Consent Calendar

The purpose of the consent calendar is to expedite business by grouping non-controversial items together to be dealt with by one Commission motion without discussion. Any member of the Commission, staff or the public may ask that any item on the consent calendar be removed therefrom and placed elsewhere on the agenda for individual consideration by the Commission; and such requests will be automatically respected. If an item is not removed from the consent calendar, the action noted in parentheses on the agenda is approved by a single Commission action adopting the consent calendar.


3 December 3, 2018

a. Consideration of approving minutes of the City Commission meeting of November 19, 2018. (Approval recommended) (Marty Colburn, Benjamin Marentette)

b. Consideration of enacting amendments to the Traverse City Code of Ordinances to regulate the addition of Distributed Antenna Systems and Small Cell Networks within the City; and consideration of adopting a related resolution approving the terms of franchise agreements for distributed antenna systems and small networks. (Enactment and adoption recommended) (Marty Colburn, Lauren Trible-Laucht)

c. Consideration of adopting the following traffic control orders, which would make them permanent:

• Prohibiting parking because of bus stops at designated locations throughout the city, which also moved a bus stop from Front Street to Hall Street;

• Prohibit parking on East 14th Street from the intersection with South Cass Street east to the driveway serving 212 East 14th Street;

• Requiring metered parking only on Garland Street from Hall Street east to the alley between 207 Grandview Parkway and 101 Grandview Parkway;

• Restrict parking to two hours between 8a.m. to 4 p.m. on school days on the south side of 11th Street from Cass Street to the easterly-most driveway entrance for the St. Francis High School Parking Lot;

• Provide for handicap parking on the north side of West Front Street at the parking space immediately east of the intersection with Spruce Street;

• Require motorists to yield on Leeward Trail and Western Street and Leeward Trail and Eastern A venue; and

• Remove various parking signs on the eastern section of the city.

(Adoption recommended) (Marty Colburn, Penny Hill)


4 December 3, 2018

d. Consideration of authorizing a Memorandum of Understanding with Norte in connection with a grant from Rotary Charities of Traverse City for system planning associated with the conditional commitment of a $2 million safe routes to school grant. (Approval recommended) (Marty Colburn, Russell Soyring) ( 5 affirmative votes required)

e. Consideration of authorizing a $121,896 payment to Grand Traverse County for the city's share of costs associated with the Sabin Dam Modifications and Contingency, which is part of the Boardman River Restoration Project. (Approval recommended) (Marty Colburn) (5 affirmative votes required)

Items removed from the Consent Calendar

a.

b.

C.

3.

a.

b.

Old Business

Presentation by Preserve Hickory Co-Chairs Maureen Madion and Laura Ness of the named amenities at the Hickory Hills Recreation Area, in acknowledgment of donors who provided significant financial contributions. (Marty Colburn, Benjamin Marentette)

Consideration of enacting various amendments to the Traverse City Code of Ordinances which would provide a framework for regulating and permitting medical marihuana as well as related zoning amendments, which are largely recommended by the City Commission Ad Hoc Committee on Medical Marihuana Licensing; and consideration of approving the related fees and adopting a resolution establishing the application deadline. (Commissioner Brian McGillivary, Chair; Mayor Pro Tern Amy Shamroe; Commissioner Michele Howard; Marty Colburn; Lauren Trible-Laucht; Benjamin Marentette)


5 December 3, 2018

c. Consideration of introducing an amendment to the Traverse City Code of Ordinances to opt-out of allowing recreational marijuana facilities, which would provide time for the State of Michigan to establish the regulatory framework, with the City to consider opting-in at a later date. (Marty Colburn, Lauren Trible-Laucht, Benjamin Marentette)

4. New Business

a. Consideration of authorizing an agreement with TART Trails for it to provide $420,000 in funding for the Boardman Lake Loop Project. (Marty Colburn) (5 affirmative votes required)

5. Appointments

a. Consideration of re-establishing the City Commission Ad Hoc Committee regarding the formation of a Stormwater Utility. (Marty Colburn)

b. Consideration of approving an appointment by the Mayor to the Traverse City Housing Commission. (Mayor Jim Carruthers)

6. Reports, Announcements and Correspondence

Please note: For this section of the agenda, when an actual report is included or expected, the item will be underlined.

a. Reports, announcements and correspondence from the City Manager.

b. Announcements from the City Clerk.

c. Reports, announcements and correspondence from the Mayor and City Commissioners.

d. Reports and correspondence from other City officials, boards and committees.

1. Reports from members of the Commission serving on boards.


6 December 3, 2018

2.

3.

Minutes of the Act 345 Retirement System meeting of September 25, 2018.

Minutes of the Planning Commission meeting of October 2, 2018.

e. Reports and correspondence from non-City officials.

1. Monthly Operating Report from Jacobs for the Wastewater Treatment Plant for October 2018.

7. Public Comment

a. Reserved.

None.

b. General.

C. Mayor and City Commissioners.

8. Adjournment

mission of the Traverse City City Commission is to guide the preservation and development of the City's infrastructure, services, and planning based on extensive participation by its citizens coupled with the expertise of the city's staff The Commission will both lead and serve Traverse City in developing a vision for sustainability and the future that is rooted in the hopes and input of its citizens and organizations, as well as cooperation.from surrounding units of government.

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The City of Traverse City

Com1nunication to the City Co1n1nission

FOR THE CITY COMMISSION MEETING OF DECEMBER 3, 2018

DATE:

FROM:

NOVEMBER 29, 2018

-yy,v<--MARTY COLBURN, CITY MANAGER

SUBJECT: MINUTl:S

Attached are the minutes from the November 19, 2018 Regular f\1eeting of the City Commission.

The City Clerk recommends that these minutes be approved. The following motion would be appropriate:

that the minutes from November 19, 2018 Regular Meeting be approved.

:tvfC/kg k:\tcclerk\city commission\minutes

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Minutes of the

City Commission for the City of Traverse City

Regular Meeting

November 19, 2018

CJTY,/ TRAVERSE CITY

A regular meeting of the City Commission of the City of Traverse City was called to order at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan, at 7 p.m.

The following Commissioners were in attend~}~c;e,;·· Mayor Jim Carruthers, Mayor Pro Tern Amy Sharnroe, Michele Howard, R.icliijJ!'~L Lewis, Brian McGillivary, Roger Putman, and Tim Werner.. ' ' 11

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The following Commissioners wereiapsent: None. ':(d;:

The Pledge of Allegiance was recited. '

Mayor Carruthers presided at the meeting.

2. Consent Calendar

Ht, ,:•l:ii!l ,:1::z,

Moved by Shan:troe, sec61:1<led by How~r<l, that the following actions as recommended on the Consent Cal~ndar portion of the Agenda be approved:

a.

b.

C.

th, riiinutes frofuNov~;~ 5, ;b~& Regular Meeting, the November 12, 2018 Organizational Meeting, and the November 12, 2018 Study Session, be appro:ved. · '

the May of :a.nd City Clerk: .execute a Reimbursement Agreement with Conservation Rysource ~Hiance in the amount of $20,000 for it to provide professional support sezyfoes to the Boardman River Darns Implementation Team in connectionM7ith the Boardman River Darns Project, with funds available in the General Fund.

the Mayor and City Clerk execute the necessary documents with L&T Painting Company in the amount of $793,500, more or less, for the repairs

• City Commission Minutes 2 November 19, 2018

d.

e.

f.

g.

h.

l.

and repainting associated with the 4 Million Gallon Water Reservoir Rehabilitation Project (Project# 113-18-CIP), such documents subject to approval as to their substance by the City Manager and their form by the City Attorney, with funds available in the Water Fund.

the City Manager authorize a confirming purchase order to Traverse City Light and Power, in the amount of $34,510.32, for the 2018 Lake Avenue Reconstruction Project lighting as part of SID 2QJlS;002, with funds available in the Capital Projects Fund.

the Mayor and City Clerk execute a change order to the 2018 Lake A venue Streetscape Project contract with Crawford Contracting~ Inc., in the amount of $16,331.70, more or less, for the b;1stallation of power c~:nduits for multispace pay stations, such change ordef~\?ject to ~pproval as'toits substance by the City Manager and form by the City(Attoru~y. . ''\'

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the competitive bidding prodess be waived; lla that the City Manager be authorized to issue a purchase order t~,QBL for' iti'Equipment Racking System as outlined hi,the City Emgineer'!:r1'f'1vember 12, 2018 communicatioil:, in 1he2111Apunt of$l9 ,884.00 With .funds available in the Capital Projects Fund.

the c°"mpetitive biddingJ?poces~\lr wfii~~' and that the City Manager be authori.iecl to issue a service/purch~~ Qtd~r to Ovivo in the amount of $13,444.15, more,li>r.lessf~tJhe purchase of spare parts for the Grease Compactor with furit}s availaljJe in the Sewer Fund.

the competitive bidding process be waived, and that the City Manager be authorized to issue a seHHce/purchase order to Windemuller Electric in the amount of $21,94()1QO for replacement of the VFD on Pump #4 at the Front Street Lift Station and the purchase of a spare VFD with funds available in the Sewer Fund.

the City Manager be authorized to issue a service order to D& W Mechanical in the amount of$12,188.00 for the purchase and installation of a heated pressure washer, with funds available in the Garage Shop Equipment Fund.

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City Commission Minutes 3 November 19, 2018

J. the Mayor and City Clerk execute the necessary documents for the lease and option to purchase a 2019 John Deere 644 Hybrid Loader as outlined in the November 12, 2018, communication from the Director of Public Services in a total amount of $193,943, with funds available in the Garage Fund.

k. the City Manager be authorized to issue a confirming purchase order in the amount of$23,850.00 to Brenner Oil Co. for 10,000 gallons of dyed #2 diesel fuel without additives priced at $2.385 per gallon with funds available in the Garage Fund. ·

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1. two 2008 Ford F350 trucks, equipment#72 ii~d #8~;[\:>e declared surplus and that a purchase order in the amount 0£'!$~,3,280.00 beii~~ued to Signature Ford of Owosso, MI for two 2019 F-0rdF350 4x4 PickJpit,Ncks with plows and lighting, for use by the Parks an&lt.ecreation Division oeil1pproved, with

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funds available in the Garag~ Fund. ·

the City Manager be authoJJait<ti issue a service order to Grand Traverse Mobile Communications in the '1m6ttnt pf $11,4?~J:~O for the purchase and installation of tw~}ffi~i~-fleet vehifle racltC>Sr/\Y,ith fund,!? available in the Garage Fund., (it i; :: i tin, .;

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the conceptual J)tbj~~t des\h;ibed in tJl~:~mo from. Arts Commission Direct.or Nate Elkins, dated·N-0v~01bet11!*, 2018, for the Boathouse Sculpture ProJectori the:~(i).rdona11d Jean Cdt~t~w~ifSailing Center, be approved, with $5,000 in fundsivailable ~the Publi~ll\.rts Trust Fund, and $20,000 in private cfonations for:a

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total co~rnot-to-exceed $25,000; and the Mayor and City Clerk.be authorized to ex~~ute any necessary documents in connection with this aJJ,I?r,pval as pr~:vided by future action of the Traverse City Arts Commissio11,:s~~h doc~~ents subject to approval as to substance by the City Manager and forriibJ)ll'e City Attorney.

CARRIED unanimously.

Items removed from the Consent Calendar

None .

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City Commission Minutes

3. Old Business

4 November 19, 2018

3(a).

Consideration of referring to the December 3, 2018, City Commission meeting: ordinance amendments which would provide for zoning and licensing regulations regarding medical marihuana, as recommended by the City Commission Ad Hoc Committee on Medical Marihuana Licensing; and an ordinance amendment which would remove referen~~~;tb Medical Marihuana Collectives from the Zoning Code, as recommen9fi~!o~lt~!T Planning Commission.

The following addressed the Comm~~siJW:

Marty Colburn, City Manager

, , '''. .. ;'[f~L,d!,tn~,: !i;

Moved by Howard, seconde4: :by Shamroe;i~t1t1an amendment the Traverse City Code of Ordinances, Medical Marihua~f acilities Amendment for Co~munity Center (C-3), Regional Centei(0~4>i, Hospi~~l/H) and Industrial (1 ), Sect10ns 1320.07, 1344.01,)354.01 and 1358.0~~]psuppott,the removal of Medical Marihuana Collective'as a use and. rem.b~e Mil references to Medical Marihuana Collective from the

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!i~ming C1

odefas reco~rti~hded by the Planning Commission, which wetej;ntro9ii~ed Novemhf;r 5, 2018, be referred to the December 3~: 2Qi&, meeting~qJ:possible enadtrnfnt; and further

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that amenp,;nents to the Traverse•City Code·of Ordinances, Medical Marihuana Permitting ~egulations, Chapter 845., which provides the regulatory framework for Medical Marin:uana Permits,i~d Medi,bal Marihuana Facilities Amendment for Community Center (C-3, Regibnal Center (C-4), Hospital (H) and Industrial (I) Districts, as recommended by'.the City Commission Ad Hoc Committee on Medical Marihuana Regulation, which was introduced October 15, 2018, be referred to the December1J,2018, meeting for possible enactment.


3(b).

Consideration of introducing amendments to the Traverse City Code of • Ordinances to allow medical marihuana provisioning centers in the same zoning


districts where pharmacies are allowed, as recommended by the City Planning Commission, with the amendment scheduled for possible enactment on December 3, 2018.

The following addressed the Commission:

Marty Colburn, City Manager Jay Zelenok, City Business Owner

Moved by Lewis, seconded by Howard, th.atili1i' afut!ndment to the Traverse City Code of Ordinances, Amendment to Allow Medical Marihuana Provisioning Center as Allowed Uses in C-2 (NeighborhQ6d Center), C-3'~(Upmmunity Center),

·,.ii+ C-4 (Regional Center), D-1, D-2, D-3 (Dev~;

1

opment), HR (Hotebfesort), H-1, H-2 (Hospital) and I (Industrial) Districts, whi1c}1,would allow medicalJ1tarihuana provisioning centers where pharm~cies are allowed, .a~ recommendedH'1y the City Planning Commission, be introduc;eq: a;nd scheduled'.f6r possible enactm.'ent on December 3, 2018. · · 1

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CARRIED unanimou~ly.

4. New Business

4(a).

Consideration of'approvingi~ conceptthe installation of a mural within the Clinch Park Tunnel in cooperatiort with the Grand Traverse Band of Ottawa and Chippewa Indians and author~zing thlrelated documents as recommended by the Arts Commission and consideration of authorizing the release of the additional $10,000 in earmarked funds forthe project.


Marty Colburn, City Manager Nate Elkins, Traverse City Arts Commission Director Mark Wilson, Grand Traverse Band of Ottawa and Chippewa Indians

Councilman Lauren Trible-Laucht, City Attorney Rick Buckhalter, 932 Kelly Street

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Moved by Howard, seconded by Shamroe, that the conceptual project described in the memo from Arts Commission Director Nate Elkins, dated November 12, 2018, for the Clinch Park Tunnel Art Exhibition, be approved, with $60,000 in private donations and grant funding and with a not-to-exceed amount of $10,000 in funds available in the Public Arts Trust Fund, for a total project cost of $70,000; and that the Mayor and City Clerk be authorized to execute any necessary documents in connection with this approval as provided;by future action of the Traverse City Arts Commission, and furthermore the fl;lemorandum of understanding as presented at November 19, 201 ij,sucb 1drcuments subject to approval as to substance by the City Manager and form b{the City Attorney.

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4(b).

Consideration of introducing ~endments to tlttttJraverse City Code of Ordinances to regulate the addition ofDistribu~ed Ant~ritl:~ Systems and Small Cell Networks within the City, with the am~ndment 'sbh~duledior possible enactment on December 3, 2018. .· , <J 1

The following addressed the Commissi(ln: , , , ,:<r

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MartyCdlbtim,.City Ma.pager Lauren Trible-Laucht, CityAttomey

Movediby Shamroe, seconded by Werner, that an amendment to the Traverse City Cod~ of Ordindn¢es, Chapter 1051, Distributed Antenna Systems and Small Cell Networks, which would regulate the addition of such networks within the City, be introduce'dand scheduled for possible enactment on December 3, 2018.


5. Appointments

5(a) .

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Consideration of establishing an ad hoc interview committee to make recommendation regarding one appointment to the Board of Tax Review.

Moved by Lewis, seconded by Howard, that Paul Fitzsimons be reappointed to one three-year term expiring December 31, 2021 on the Board of Tax Review, seat previously held by Paul Fitzsimons.


5(b).

t ; f t : : ". : : ; ~ :,

Consideration of establishing an ad hoc committee to tn~ke recommendation regarding one appointment to the Grand Tra,ferse County Browtit'i~ld Redevelopment Authority. ,:.,. ·· ·

"LU,

" .. 11 .. ,' -~;.! '': ,:(, stha;. Moved by Lewis, secondeQ1~y

1S.~amroe, tHaf~~ ad hoc interview·committee

be established to make recommenaatibd,teg~ding orlt!three-year tem1 on the Grand Traverse County Brownfield R~devel~ptnent Ati~4rrity (seat previously held by Mark Crane), tem1: ex,piring Dec~mber 3)~ i921, 'aind that Commissioners Lewis, Putman, and Mayot Caon.1thers 8ij!appoint~d!:io i~µ~h Committee, with Commissioner Lewis to serve ~~!Chair. · · ,,: ··

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S(c). : ',

Consideration of apprbving an1~ppointment by the Mayor to the Traverse Area District Library Board.

Commissioner Roger futman announced that his wife has a professional relationship with tn~fTraverse Area District Library Board, which could create a perceived conflict of interest and that he would abstain from participating in the making a decision on this matter.

Commissioner Howard announced that because she works for the Traverse Area District Library, that there could be a perceived conflict of interest and that she would abstain from participating in the making of a decision on this matter.

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Moved by Shamroe, seconded by McGillivary, that the Mayor's reappointment of Michael Vickery to a four-year term (seat previously held by Michael Vickery), expiring December 31, 2022, on the Traverse Area District Library Board, be approved.

CARRIED unanimously. (Howard and Putman abstained)

6. Reports and Communications

a.

b.

C.

d.

The following were received and filed:

Reports, announcements and correspondence from the City Manager.

Announcements from the City Clerk.

Reports, announcements and.qprn~~J?(.mdence tt()m the Mayor and City Commissioners .

Reports and correspond~nce from .other City' offiroials, boards and committees.

1. Reports from members ofthe Commission serving on boards. !'.ii:-· :; ;l·:.:L, :--]

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2. Minutes ofthe Act,'.a45 Retirement System meeting of August 28, 2018.

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e. Reports and porrespondence from non-City officials. I

7. Public Comment


1. Reserved.

Reserved public comment: George Thompson, Safe Harbor Board Vice Chair, regarding their first year of operation and plans for the upcommg year .

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City Commission Minutes 9

2. General.

Rick Buckhalter, 932 Kelly Street

3. Mayor and City Commissioners.

Commissioner Lewis Marty Colburn, City Manager Commissioner McGillivary

8. Adjournment '"

November 19, 2018

There being no objection, Mayor Jilil:Carruthers declared the;;rrieeting adjourned at 8:06 pm. ' 1

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Approved: ______ _ (Date) (Initial~)

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Communication to the City Commission


DATE:

FROM:

NOVEMBER 29, 2018

~ MARTY COLBURN, CITY MANAGER

SUBJECT: ORDINANCE AMENDMENT AND RESOLUTION - DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL NETWORKS

At the November 19 Regular Meeting, City Attorney Lauren Trible-Laucht introduced a new ordinance, Chapter 1051, to regulate the addition of Distributed Antenna Systems and Small Cell Network Systems in the City. As discussed at the previous meeting, this ordinance now includes verbiage ensuring that franchisees obtain written permission from any third party that owns such network poles within the City limits .

Also, as part of this ordinance, we have developed a framework for all future franchise agreements to follow when placing wireless facilities in the public right-ofway. The attached resolution will adopt the proposed franchise agreement.

The following motion would be appropriate:

that an amendment to the Traverse City Code of Ordinances, Chapter 1051, Distributed Antenna Systems and Small Cell Networks, which would regulate the addition of such networks within the City, which was introduced on November 19, 2018, be enacted with an effective date of December 13, 2018; and further

that the City of Traverse City Resolution to Establish the Terms of Franchise Agreements for Distributed Antenna Systems and/or Small Cell Networks, which establishes an approved form for franchise agreements for installing wireless facilities in the public right-of-way, be adopted.

MC/kg K:\TCCLERK\City Commission\Ordinance Amendments\Franchise Agreement Approval & Ord. Enactment_DAS & Small Cell \letwork_20181203.docx

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TITLE:

TRAVERSE CITY CODE OF ORDINANCES

ORDINANCE AMENDMENT NO. ---

Effective date: -----

DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL NETWORKS

THE CITY OF TRAVERSE CITY ORDAINS:

That Chapter 1051, of the Traverse City Code of Ordinances, be introduced/enacted to read in its entirety as follows:

Chapter 1051 - DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL NETWORKS

1051.01 - Purposes.

The purposes of this chapter are to regulate access to and ongoing use of public rights-of-way for distributed antenna systems and small cell networks facilities while protecting the public health, safety, and welfare and exercising reasonable control of the public rights-of-way, and to ensure that the City is compensated for use of the public rights-of-way .

1051.01 - Franchise Required. No person shall install or operate any telecommunication facilities or related equipment for the provision of commercial mobile radio service carriers pursuant to a distributed antenna system or small cell network without a franchise agreement substantially in the form approved by resolution of the City Commission, which rates established therein are hereby incorporated herein by reference. Reuardless of whether a franchise agreement is granted pursuant to this Chapter. no person shall install or operate anv telecommunication facilities or related equipment for the provision of f:l1111m~rcial m.QQilc radio service carriers pursuant to a distributed antenna system or small cell netwox!5 on poles or infrastructure belonging to a third party, including Traverse City Light and Power. without first obtaining written permission of the third party.

1051.02 - Interpretation of this Chapter and Franchise Agreement. It is the intent of the City in adopting this ordinance that all provisions in this Chapter and in the franchise agreement required by this Chapter be construed to protect the peace, health, safety and welfare of the residents of Traverse City as well as the aesthetics of the City of Traverse City. Only reasonably inconspicuous telecommunication facilities and related equipment are to be permitted in the city right-of-way pursuant to the terms of any franchise agreement. The franchisee shall at all times take the required measures to use the most inconspicuous equipment reasonably feasible at the time of installation. Franchisee shall also remove and/or replace existing equipment in the future when less conspicuous equipment becomes reasonably feasible or when and if the number of antennas for the system is no longer reasonably necessary and reduction of the number of antennas becomes reasonably feasible .

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Any franchise agreement entered into pursuant to this Chapter shall remain in effect only to the extent the rates and regulations and other material provisions established in the franchise agreement and this Chapter remain in full force and effect. To the extent state or federal law makes unlawful and/or unenforceable any material provision of the franchise agreement required by this Chapter or any provision of this Chapter, the unlawful provisions are not severable and the franchise agreement shall terminate and be of no force and effect. To the extent authorized by law, under such circumstance, franchisee shall remove all such facilities placed in the city right-of-way pursuant to the franchise agreement unless the parties agree on a new franchise agreement that is compliant with the then existing law.

1051.03 - Franchise Nonexclusive and Revocable. Any franchise authorized by this Chapter shall be nonexclusive and shall be revocable at the will of the City Commission.

The effective date of this Ordinance is the of , 2018. ------. ---

I hereby certify the above ordinance amendment was introduced on , at a regular meeting of the City Commission and was enacted on , at a regular meeting of the City Commission by a vote of Yes:

No: at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan .

James C. Carruthers, Mayor

Benjamin C. Marentette, City Clerk

I hereby certify that a notice of adoption of the above ordinance was published in the Traverse City Record Eagle, a daily newspaper published in Traverse City,

Michigan, on-------------


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City of Traverse City GOVERNMENTAL CENTER 400 Boardman A venue

Traverse City, MI 49684 (231) 922-4480 [email protected] Office of the City Clerk CITY ,(

TRAVERSE CITY

Because,

Because,

Because,

Because,

Resolved,

City of Traverse City Resolution to Establish the Terms of Franchise Agreements for Distributed

Antenna Systems and/or Small Cell Networks

telecommunication companies and their suppliers have requested to install and occupy portions of the public right-of-ways in the City for the purpose of establishing within the City distributed antenna systems and/or small cell networks; and

the City established a moratorium on requests to locate distributed antenna systems and/or small cell networks in the right-of-way until it could establish a policy for uniform administration of such requests; and

the City has obtained the advice of legal counsel with specialized knowledge in this field; and

it has been recommended that the City adopt and use a specific form of a franchise agreement, attached hereto as Appendix 1, that has been negotiated with telecommunication companies in other jurisdictions. Now therefore, be it

that the City Commission of the City of Traverse City hereby establishes Appendix 1 as its adopted form of franchise agreement to which all franchisees installing wireless facilities in the public right-of-way must enter into in substantially the same form without material alteration thereto.

I certify that this Resolution was adopted by the City Commission at its Regular Meeting held on December 3, 2018, in the Commission Chambers of the Governmental Center, 400 Boardman A venue, Traverse City, Michigan.

Benjamin Marentette, MMC, City Clerk

Follow us on Facebook, Twitter, & Instagram • CityofTC • www.traversecitymi.gov

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DAS/SMALL CELL FRANCHISE AGREEMENT

BETWEEN

CITY OF ------and

THIS FRANCHISE AGREEMENT ("AGREEMENT") DATED AS OF THIS_ DAY OF , 2018, IS ENTERED INTO BY AND BETWEEN THE CITY OF ------' A MUNICIPAL CORPORATION ("CITY or FRANCHISOR"), AND ------' A , L.L.C. ("FRANCHISEE" OR " ").

WHEREAS, the CITY has made significant investments of time and resources in the acquisition and maintenance of the public ways and such investment has enhanced the utility and value of the public ways; and

WHEREAS, the public ways within the CITY are used by and useful to private enterprises including Franchisee and others engaged in providing telecommunications services to citizens, institutions, and businesses located in the CITY ; and

WHEREAS, the right to access and/or occupy portions of such public ways for limited times, for the business of providing telecommunications services, is a valuable economic privilege; and

WHEREAS, beneficial competition between providers of communications services can be furthered by the CITY 's provision of grants oflocation and rights to use the public ways on non-discriminatory and competitively neutral terms and conditions as specifically itemized in this agreement; and

WHEREAS, FRANCHISEE is a private enterprise engaged in installing facilities related to and/or providing various telecommunications services within the CITY by means of fiber connected Distributed Antenna Systems or other Small Cell Facilities (DAS/Small Cells or DAS Small Cell Networks); and

WHEREAS, FRANCHISEE desires to physically install and occupy portions of the public way to install wireless facilities as specifically enumerated herein, and/or to utilize CITY, FRANCHISEE or third party owned poles for use of its franchised DAS/Small Cells. City Light Poles are excluded from this agreement;

WHEREAS, FRANCHISEE is agreeing to compensate the CITY for installation and/or operation of all antennas, supporting structures for antennas, equipment shelters, poles or houses

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associated with DAS/Small Cells in exchange for a grant oflocation and the right to use and physically occupy portions of the public way for the limited purposes and times set forth below;

WHEREAS, the CITY grants this Franchise pursuant to its authority to manage its public spaces;

NOW THEREFORE BE IT RESOLVED, in consideration of the terms and conditions contained in this Agreement, the CITY and FRANCHISEE do hereby agree:

THIS AGREEMENT IS MADE WITH REFERENCE TO THE FOLLOWING FACTS AND CIRCUMSTANCES:

1.0 DEFINITIONS

Except as otherwise defined herein, the following terms shall, when capitalized, have the meanings given below:

1.1 "Agency" means any governmental agency or quasi-governmental agency other than the CITY , including, but not limited to, the Federal Communications Commission (FCC) and the Michigan Public Service Commission, Metro Authority or Local Community Stabilization Authority.

1.2 "Grant" when used with reference to grant or authorization of the CITY means the prior written authorization of the CITY OF TRAVERSE CITY (and/or its various boards and commissions) unless another person or method for authorization is specified herein or under applicable law. Grant does not mean "Approval" as contemplated in various FCC determinations related to subsequent collocation requests which are expressly not granted by this Franchise.

1.3 "Business Day" means any Day other than a Saturday, Sunday, or Day observed as an official holiday by the CITY .

1.4 "Day" means any calendar day, unless a Business Day is specified. For the purposes hereof, if the time in which an act is to be performed falls on a Day other than a Business Day, the time for performance shall be extended to the following Business Day. For the purposes hereof, the time in which an act is to be performed shall be computed by excluding the first Day and including the last.

1.5 "FCC" means the Federal Communications Commission.

1.6 "Hazardous Material" means any substance, waste or material which, because of its quantity, concentration or physical or chemical characteristics is in fact or deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment.

1. 7 "Law" or "Laws" means any federal, state or local statute, ordinance, resolution, regulation, rule, tariff, administrative order, certificate, order, or other lawful requirement in effect either at

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the time of execution of this Agreement or at any time during the period the DAS/Small Cells are located in the Public Rights-of-Ways.

1.8 "DAS/Small Cells" means any and all telecommunication facilities or related equipment installed and/or operated by FRANCHISEE for the provision of commercial mobile radio service ("CMRS") carriers and including cables, antennas, brackets, devices, conduits, poles, shelters, houses, cabinets and all other related equipment to be deployed, installed and/or operated by FRANCHISEE as described in Exhibit A attached hereto.

1.9 "Person" means an individual, a corporation, a partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business association or government agency.

1.10 "Public Ways" or "Public Rights-of-Way" means the areas in, upon, above, along, across, under, and over the public streets, sidewalks, roads, lanes, courts, ways, alleys, boulevards, buildings and any other public places owned by and within the CITY as the same now or may hereafter exist and which are under the permitting jurisdiction of the CITY .

1.11 "Release" when used with respect to Hazardous Material means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or inside any existing improvements or any improvements constructed hereunder by or on behalf of FRANCHISEE.

1.12 "Services" means those services provided by or through DAS/Small Cells FRANCHISEE as specifically identified in the attached detailed plans and specifications See Exhibit A. If the CITY grants the provision of any other services by FRANCHISEE, upon such grant, the definition of "Services" shall automatically be revised to include any such grant of additional services. Unless specifically expressed in this agreement, Service does not mean video service of any kind.

1.13 "Poles" means light poles, wooden power poles, traffic light poles, highway sign poles, utility poles, non-City owned lighting fixtures or other similar poles located in the Public Way, which poles are owned by the CITY or FRANCHISEE or any third parties and may refer to such facilities in the singular or plural, as appropriate to the context in which used. The term poles excludes City owned light poles and any and all other historically or architecturally significant poles owned by the CITY located on public ways or, other similar street features.

2.0 TERM OF AGREEMENT

The term of this Agreement shall commence on the date of execution by the CITY ("The Commencement Date") and shall end on the same date as termination of any associated Metro Act Permit or, if no associated Metro Act Permit is issued, a term of ten years from the date of commencement.

Upon written application to CITY delivered no later than one year before the end date of the term of this FRANCHISE, the FRANCHISEE may request to amend this FRANCHISE to extend the end date to a proposed new date. Assuming the Franchisee has met all conditions of

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the FRANCHISE and performed to CITY 's satisfaction in providing the Services in the CITY, and assuming that CITY believes extension of the term of this Franchise would be in the public interest, the term end date of this FRANCHISE may be extended.

3.0 DESCRIPTION OF WORK

3.1 Installation of DAS/SMALL CELL NETWORKS: During the term of this Agreement, FRANCHISEE is authorized, on a non-exclusive basis, to locate and install antennas, supporting structures for antennas, equipment shelters, poles or houses associated with DAS/Small Cell networks including utility poles, light poles or, to attach to CITY poles, traffic signal poles, if any, or other CITY owned poles to house and operate a DAS/Small Cell Network in the public right of way or other CITY owned or controlled property, as more particularly identified in Exhibit A.

:::i~~e::i~~r t0~6tci\~?;!f ~otfn~~t::rJt1s1slattif-:f¢··· .. ~'1t . _ ! , · . · .. _ . -~:_ ·,·, . .<!~1. , , . .. · ·; · ,:;,,.. _ . .- . -.-··· ,,._ '. · _ ::_ .. : : r . !, : ·•:' ,. · •

including tllird p~;owned.pole.s, in any CUY risfit.ofW;~f, F,[email protected]·~lltl}<~ °' .. ttetft authorization for su6p ~tallatiort upoµ such spec1fie,~ll)i"desigqated'f)ro . " - · · · J>fr9nfl1i~ i owner of the property or pole, inclq~ing·th~."CI1¥{ ~a slfall,,provi4~:!he~ , ::;&w~~ evidence of such authorization, if received fropi a~ri;fipatty. 'ffl,i.$.r.eq ·: -~ . 7fil1 apply.'.to ~y property, poles or other .structures owned by the Ti'ave~City Light &:Powe _.I>eparunen,.

3.1.1. Location of DAS/Small Cell Networks: The CITY may grant or deny the location and installation of any DAS/Small Cell equipment on a pole or other structure prior to installation, based on reasonable proprietary and or regulatory factors, such as the location of other present or future communications facilities owned by or installed at the direction or permission of the CITY, efficient use of physical space to avoid premature exhaustion of rights of way resources and space, potential interference with other communications facilities and services, the public safety of the motoring public and other users of the rights of way, maintain the integrity and character of the various community districts as embodied in the zoning ordinances of the CITY. Such zoning ordinances NOT binding upon either party to this agreement regarding use of CITY property including rights of way, but as a guide employed at the discretion of the CITY, and other critical public services. Provided, however, that such grant shall not be unreasonably conditioned, withheld, or delayed.

3.1.2 Map and List of DAS/Small Cell Equipment: FRANCHISEE shall maintain in a form acceptable to the CITY , a current map and list of the locations of all Facilities used by FRANCHISEE for its DAS/Small Cell Network pursuant to this Agreement and located in public ways. FRANCHISEE shall provide such list to the CITY within ten (10) Business Days upon completion of the installations permitted in this agreement and, FRANCHISEE shall, whether or not requested by the CITY , provide an updated list and map promptly after any change is made in regard to the locations of the specific installations specified by FRANCHISEE in such lists and maps. F¥:t-,.ICHISEE shall obtain all required permits and grants of the CITY arid ~y'bfits'~~i~flg~, and any other Agency with jurisdiction over the DAS/Small Cells, services or the

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property on which the DAS/Small Cells are or will be located, prior to performing any work under this Agreement and shall comply with all of the terms and conditions set forth in these permits. FRANCHISEE shall not mount, construct, install, maintain, locate, operate, place, protect, reconstruct, reinstall, remove, repair, or replace any DAS/Small Cells on any pole, or other structure except as expressly authorized by and in strict compliance with this Agreement, and shall not without further and separate authorization, otherwise locate more than one antenna or other related structure on any single pole or other structure.

3.1.3 Changes to DAS/Small Cell Networks or Their Location on Poles Located in Public Ways: If FRANCHISEE proposes to install different but comparable equipment, or if the DAS/Small Cell or its location on the poles located in public Rightsof-Way deviate in any material way from the specifications attached hereto as Exhibit A, then FRANCHISEE shall first obtain a grant for the use and installation of the comparable equipment or for any such deviation in the DAS/Small Cells Network from the CITY and owners of the poles located on Public Rights-of-Way and shall provide the CITY with written evidence of such authorization. The CITY may not unreasonably deny use of the different but comparable equipment, or non-material deviation from the specifications set forth in Exhibit A with regard to the placement of the DAS/Small Cell equipment on the poles located on public ways, pursuant to the factors enumerated under Section 3 .1.1, and such grant shall not be unreasonably conditioned, withheld, or delayed.

3.2 Provision of Services: The DAS/Small Cell Network installed pursuant to this Agreement shall be used solely for the rendering of communication services including telecommunication services and wireless services. If FRANCHISEE proposes to make a material change to the nature and character of the services not expressly permitted under this Agreement, including, without limitation, video programming services, open video system services, or cable television services, FRANCHISEE shall notify the CITY in writing of this intended change not less than one hundred and eighty (180) days prior to the proposed date of change to Service. The CITY may either (i) accept the proposed change in Service on mutually agreeable terms and conditions subject to the franchise requirements of MCL 484.3301 et seq. or (ii) require that the Services not be changed but rather continue to be provided as contemplated herein.

3.3 Restoration of Work Site Areas: Upon the completion of each task or phase of work to be performed by FRANCHISEE under this Agreement, FRANCHISEE shall promptly restore all work site areas to a condition reasonably satisfactory to the CITY and in accordance with construction standards as specified by the CITY, ordinary wear and tear not caused by FRANCHISEE or the DAS/Small Cells Networks excepted. The provisions of this paragraph shall survive the expiration, completion or earlier termination of this Agreement.

3.4 Removal of DAS/Small Cell Network: Upon one hundred and eighty (180) days' written notice by the CITY pursuant to the expiration or earlier termination of this Agreement for cause, FRANCHISEE shall promptly, safely and carefully remove the DAS/Small Cell Network from all poles and other places located in Public Rights-of-Way. Such obligation of FRANCHISEE shall survive the expiration or earlier termination of this Agreement. If FRANCHISEE fails to complete this removal work on or before the one hundred and eighty

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(180) days subsequent to the issuance of notice pursuant to this Section 3.4, then the CITY, upon written notice to FRANCHISEE, shall have the right at the CITY 's sole election, but not the obligation, to perform this removal work and charge FRANCHISEE for the actual costs and expenses, including, without limitation, reasonable administrative costs. FRANCHISEE shall pay to the CITY the reasonable costs and expenses incurred by the CITY in performing any removal work and any storage of FRANCHISEE's property after removal (including any portion of the DAS/Small Cell Networks) within fifteen (15) Business Days of the date of a written demand for this payment from the CITY. The CITY may, in its discretion, obtain reimbursement for the above by making a claim under FRANCHISEE's performance bond. After the CITY receives the reimbursement payment from FRANCHISEE for the removal work performed by the CITY, the CITY shall promptly return to FRANCHISEE the property belonging to FRANCHISEE and removed by the CITY pursuant to this Section 3.4 at no liability to the CITY. If the CITY does not receive the reimbursement payment from FRANCHISEE within such fifteen (15) Business Days, or if CITY does not elect to remove such items at the CITY 's cost after FRANCHISEE's failure to so remove prior to one hundred ad eighty (180) days subsequent to the issuance of notice pursuant to this Section 3.4, any items ofFRANCHISEE's property, including without limitation the DAS/Small Cell Networks, remaining on or about the Public Rights-of-Way or stored by the CITY after the CITY 's removal thereof may, at the CITY's option, be deemed abandoned and the CITY may dispose of such property in any manner allowed by Law, and in accordance with any legal rights of persons other than the CITY who own light poles located in the public way and used by FRANCHISEE. Alternatively, the CITY may elect to take title to such abandoned property, whether the CITY is provided by the FRANCHISEE, an instrument satisfactory to the CITY transferring to the CITY the ownership of such property, or not. The provisions of this paragraph shall survive the expiration or earlier termination of this Agreement.

3.5 Risk of Loss or Damage: FRANCHISEE acknowledges and agrees that FRANCHISEE bears all risk of loss or damage of its equipment and materials, including, without limitation, the DAS/Small Cell Networks, installed in the Public Rights-of-Way pursuant to this Agreement from any cause, and the CITY shall not be liable for any cost of repair to damaged DAS/Small Cell Networks, including, without limitation, damage caused by the CITY's removal of DAS/Small Cell Networks, except to the extent that such loss or damage was caused by the willful misconduct of the CITY , including without limitation, each of its commissions, boards, departments, officers, agents, employees and contractors.

3.6 Removal or Relocation of DAS/Small Cell Network at CITY 's Request: FRANCHISEE understands and acknowledges that the CITY, at any time and from time to time, may require FRANCHISEE to remove or relocate upon a written request from the CITY on ten (10) Business Days' (or shorter in the event of an Emergency) notice at FRANCHISEE's sole cost and expense, portions of the DAS/Small Cell Network whenever CITY reasonably determines that the removal or relocation is needed: (I) to facilitate or accommodate the construction, completion, repair, relocation, or maintenance of a CITY project, (2) because the DAS/Small Cell Network interferes with or adversely affects proper operation of the light poles, traffic signals, CITY -owned communications systems or other CITY facilities, (3) because of a sale or vacation of the public right of way by the CITY, (4) because there is a change in use of the public right of way by the CITY provided such use similarly affects similarly FRANCHISED

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users in the public right of way, (5) because there is damage to and/or removal of the light pole, (6) if the CITY or Traverse City Light & Power Department move any portion of its aerial system underground or (7) to preserve and protect the public health and safety, in a manner not inconsistent with 47 U.S.C. § 332(c)(7). FRANCHISEE shall at its own cost and expense remove, relocate and/or adjust the DAS/Small Cell Network, or any part thereof, to such other location or locations in the Public Rights-of-Way, or in such manner, as appropriate, as may be designated or granted, in writing and in advance, by the CITY. Such removal, relocation, adjustment shall be completed within the time prescribed by the CITY in its written request and in accordance with the terms of this Agreement. FRANCHISEE shall not be in default hereunder if it has taken appropriate action as directed by the CITY to obtain such grant. If FRANCHISEE fails to remove, relocate, adjust or support any portion of the DAS/Small Cell Network as described by the CITY within the prescribed time, CITY may take all reasonable, necessary, and appropriate action, as stated in Section 3.4.

3;6.1 Underground Relocation; If~ CITY{or Trav~'e c;@··Ugh.t'. Department ipove any portion offfs aerj.allis~ tinderg_ro$id,Fib\*,,-; · .•... ·. "' remove its ffA.S/S~aU Cells frott1 any,.3ffe~:Pol!s antl¢i~er (li)if :Ji(iji ,'. .. ,':;w~~ the CITY .an4 Traverse Cify Lighi & Power Dep~'1t gi~i om.pletin. '.!tie Ufl~~.·. . . relocation of~the aff79t_ed ~~S/$ma,H: CeU~~ pr. {b) ~~ o!her~ '~~~' . DAS/Small ~ells ~th1~lnxty(§O}o~en~·y~,$frece1pt,o(np ... ·, _ -~,f~-.; and/or !rave_r,s~ City Light & Fq~~~ -De~e~tr,>~~t'lCI!ISE'J~~!\1-g~~;}~-' relocation w1~ the CITY andT~xerseCitr J,;;ight& ,9WerDepat1,m¢p.t t~p~f~f . .., unnecessary infras~cture replacefuent ~rti!pair and.:~ ow f~oo.n~J .. ~<>nv~o1l of~ services. If FRANCHISEE do~s··not so,;remove.Jts 1'AS/SmM1 C¢ll~}fhct~ aj:ld

1 · - -· ·' _ - : ·.' · - · • .-,_. .. .. . .:., . .,. .. •. 1 . ·_, · •', -,.-·--.,_'.';1' ... •,,'_

Traverse City Light & Pow~r 1?rPW1ID~f~~ll ~Ye ~he right'tttrentbyeor:_ ·· · ··· F~CHIS~E's ~AS/Small Cell~ at"~~Hl~:EB::s,e~p,~s~~{~~H _. . .'. . . failure to rerm,ve its DAS/Small Cellk)1s reqmredunde.:tliis sut,seQJi((;.sball subJep,f · FRANCHIS:$E to·the penalty pro.visions o:f tlus }\gre~eJii,

4.0 PERMIT, LIMITATIONS AND RESTRICTIONS

4.1 Limited Authorization: This Agreement does not authorize the placement of DAS/Small Cell Networks or any other equipment on any sites, structures or facilities other than those specifically identified herein including collocation. Placement of the DAS/Small Cell Networks shall comply with the terms of the CITY's conditions of access in effect as of the date of execution hereof and as are applied equally to all Persons using the Public Rights-of-Way under grant by the CITY. The Agreement does not relieve FRANCHISEE of its burden of seeking any necessary permission from other governmental agencies which may have jurisdiction regarding FRANCHISEE's proposed use. FRANCHISEE further acknowledges that it cannot use any historically or architecturally significant poles located on the public rights-ofway or other street furniture, except as may be otherwise expressly authorized in a specific permit issued by the CITY.

4.1 .1 Modifications and Additions: This franchise may be modified from time to time by written consent of all parties hereto and in particular with respect to subsequent expansion of the number of DAS/Small Cell installations in whole or in part. A new

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signature page executed by all parties shall be attached to any subsequent modification description attached as an addendum to Exhibit A.

4.2 No Authorization to Provide Other Services: FRANCHISEE represents, warrants and covenants that its DAS/Small Cell Networks installed pursuant to this Agreement will be utilized solely for the rendering of communication services, telecommunication services, including wireless services, and FRANCHISEE is not authorized to and shall not use the DAS/Small Cell Networks to offer or provide any other services not specified herein. Failure to abide by this may constitute a breach of this agreement, and the CITY, after providing FRANCHISEE with written notice and a meeting concerning the same, may levy fines in an amount not to exceed one thousand dollars ($1,000.00) per day until the breach is remedied together with all other remedies available at law or equity.

4.3 Reservation of Powers: The CITY reserves any and all powers it may have, now or in the future under applicable local, state, or federal law, to regulate the DAS/Small Cell Networks, their use, or the use of the Public Rights-of-Way or of other CITY property. FRANCHISEE shall be subject to all present and future ordinances of the CITY and its Boards and Commissions. Nothing in this Agreement shall be construed as a waiver of any codes, ordinances or regulations of the CITY or of the CITY 's right to require FRANCHISEE to secure the appropriate pennits or authorizations for exercising the rights set forth in this Agreement.

4.4 All Pennitted Activities Fees at FRANCHISEE's Sole Expense: Notwithstanding any other provision of this Agreement, the construction, operation, maintenance, removal and replacement of DAS/Small Cell Networks, and all other activities pennitted hereunder and all fees or obligations of FRANCHISEE under this Agreement, shall be FRANCHISEE's sole responsibility at FRANCHISEE's sole cost and expense.

4.5 Permit: FRANCHISEE shall obtain, at its sole expense, all applicable permits as are required by the CITY or any other government Agency to perfonn the work and ongoing use, as described in this Agreement, of poles located on the Public Rights-of-Way, including but not limited to a Metro Act Pennit pursuant to 2002 PA 48; MCL 484.3101 et seq.

4.6 No Real Property Interest Created: Neither FRANCHISEE's use of the Public Rightsof-Way, nor anything contained in this Agreement, shall be deemed to grant, convey, create, or vest in FRANCHISEE a real property interest in any portion of the Public Rights-of-Way or any other CITY property, including but not limited to, any fee or leasehold interest in any land or easement. FRANCHISEE, on behalf of itself and any permitted successor, lessee, or assign, recognizes and understands that this Agreement may create an interest subject to taxation and that FRANCHISEE, its successor, lessee or assign may be subject to the payment of such taxes.

4.7 All Rights Nonexclusive: Notwithstanding any other provision of this Agreement, any and all rights expressly or impliedly granted to FRANCHISEE under this Agreement shall be non-exclusive, and shall be subject and subordinate to (I) the continuing right of the CITY to use, and to allow any other Person or Persons to use, any and all parts of the Public Rights-ofWay, exclusively or concurrently with any other Person or Persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants,

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restrictions, encumbrances and claims of title (collectively, "Encumbrances") which may affect the Public Rights-of-Way now or at any time during the term of this Agreement, including without limitation any Encumbrances granted, created or allowed by the CITY at any time.

4.8 Collocation: This FRANCHISE does not grant or approve any collocation rights to any person or entity, related or unrelated to the FRANCHISEE. FRANCHISEE is authorized to install 1 antenna per site as specifically identified in Exhibit A ONLY. Additional antennas or other equipment or structures proposed by any entity requires new and additional written franchise permission at the CITY 's Sole discretion. The CITY reserves the right to require all future DAS/Small Cell installers to collocate on Franchisee's poles or other support facilities pursuant to its police powers and Franchisee agrees to reasonably accommodate such requirements in terms of location on the structure and costs and fees charged to such 3rd party applicant.

5.0 WAIVERS AND INDEMNIFICATION

5.1 Non-Liability of CITY Officials, Employees and Agents: No elective or appointive board, commission, member, officer, employee or other agent of the CITY shall be personally liable to FRANCHISEE, its successors and assigns, in the event of any default or breach by the CITY or for any amount which may become due to FRANCHISEE, its successors and assigns, or for any obligation of CITY under this Agreement.

5.2 Obligation to Indemnify the CITY: FRANCHISEE, its successors and assigns, shall hold harmless, defend, protect and indemnify the CITY, including, without limitation, each of its commissions, departments, officers, agents, employees and contractors, from and against any and all actions, losses, liabilities, expenses, claims, demands, injuries, damages, fines, penalties, costs, judgments or suits including, without limitation, reasonable attorneys' fees and costs ( collectively, "Claims") of any kind allegedly arising directly or indirectly from: (i) any act by, omission by, or negligence of FRANCHISEE or its contractors or subcontractors, or the officers, agents, or employees of any of them, while engaged in the performance of the work or conduct of the activities authorized by this Agreement, or while in or about the Public Rights-of-Way or any other CITY property for any reason connected in any way whatsoever with the performance of the work, conduct of the activities or presence of the DAS/Small Cell Networks authorized by this Agreement, or allegedly resulting directly or indirectly from the presence, construction, installation, maintenance, replacement, removal or repair of the DAS/Small Cell Networks, (ii) any accident, damage, death or injury to any contractor, subcontractor, or any officer, agent, or employee of either of them, while engaged in the performance of the work, conduct of the activities or presence of the DAS/Small Cell Networks authorized by this Agreement, or while in or about the Public Rights-of-Way, for any reason connected with the performance of the work or conduct of the activities authorized by this Agreement, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by this Agreement, (iii) any accident, damage, death or injury, to real or personal property, good will, and Person(s) in, upon or in any way allegedly connected with the work or activities authorized by this Agreement or the presence of the DAS/Small Cell Networks from any cause or claims arising at any time including, without limitation, injuries or damages allegedly caused, directly or indirectly, in whole or in part, by radio wave transmission or

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electromagnetic fields emitted by the DAS/Small Cell Networks, (iv) any Release, or threatened Release, of any Hazardous Material caused in whole or in part by FRANCHISEE in, under, on or about the property subject to this Agreement or into the environment, or resulting directly or indirectly from the DAS/Small Cell Networks or the work or activities authorized by this Agreement, (v) any violation by FRANCHISEE of the terms and conditions hereof or any permit or grant issued by Commissioner or any Agency in connection with the DAS/Small Cell Networks or Services or pursuant hereto, or any misrepresentation made herein or in any document given by FRANCHISEE in connection herewith, and (vi) any direct or indirect interference by FRANCHISEE or the DAS/Small Cell Networks, except to the extent that such Claims arise from interference with use or placement of facilities in the public way caused by the sole negligence or willful misconduct of the CITY, including without limitation, each of its commissions, boards, departments, officers, agents, employees and contractors.

5.3 Scope oflndemnity: FRANCHISEE shall hold harmless, indemnify and defend the CITY as required in this Section 5, including without limitation, each of its commissions, boards, departments, officers, agents, employees and contractors, except only for claims resulting from the sole negligence or willful misconduct of the CITY, including without limitation, each of its commissions, departments, officers, agents, employees and contractors. FRANCHISEE specifically acknowledges and agrees that it has an immediate and independent obligation to defend the CITY from any claim which actually or potentially falls within this indemnity provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered in writing to FRANCHISEE by the CITY and continues at all times thereafter, including, but not limited to. FRANCHISEE agrees that the indemnification obligations assumed under this Agreement shall survive expiration or other termination of this Agreement.

5.4 No Liability for Damage, Death or Bodily Injury: Neither CITY nor any of its commissions, departments, boards, officers, agents or employees shall be liable for any damage to the property of FRANCHISEE, its officers, agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the DAS/Small Cell Networks or activities authorized by this Agreement, the condition of any CITY property subject to this Agreement or FRANCHISEE's use of any CITY property, except as otherwise provided herein.

5 .5 Waiver of Claims regarding Fitness of Poles or Other Municipal properties or structures Located in Public Ways: FRANCHISEE acknowledges that the CITY has made no warranties or representations regarding the fitness, availability or suitability of any poles or other Municipal properties or structures for the installation of the DAS/Small Cell Networks, or for any other activities permitted under this Agreement, and that, except as expressly provided herein, any performance of work or costs incurred by FRANCHISEE or provision of Services contemplated under this Agreement by FRANCHISEE is at FRANCHISEE's sole risk. FRANCHISEE on behalf of itself and its successors and assigns, waives its right to recover from, and forever releases and discharges, the CITY and its agents, and their respective heirs, successors, administrators, personal representatives and assigns, from any and all Claims, whether direct or indirect, known or unknown, foreseen and unforeseen, that may arise on account of or in any way be connected with the physical or environmental condition of the poles

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located on public ways, other CITY property affected by this Agreement or any law or regulation applicable thereto.

5.6 Waiver of All Claims: FRANCHISEE acknowledges that this Agreement is terminable by the CITY under certain limited circumstances as provided herein, and in view of such fact FRANCHISEE expressly assumes the risk of making any expenditures in connection with this Agreement, even if such expenditures are substantial, and FRANCHISEE expressly assumes the risk of selling its Services which may be affected by the termination of this Agreement. Without limiting any indemnification obligations of FRANCHISEE or other waivers contained in this Agreement and as a material part of the consideration for this Agreement, FRANCHISEE fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action against, and covenants not to sue, CITY, its departments, commissions, officers, boards, Commissioners and employees, and all persons acting by, through or under each of them, under any present or future Laws, including, but not limited to, any claim for inverse condemnation or the payment of just compensation under the law of eminent domain, or otherwise at equity, in the event that the CITY exercises its right to terminate this Agreement, as specifically provided herein.

5.7 No Liability for Consequential or Incidental Damages: FRANCHISEE expressly acknowledges and agrees that the CITY will not be liable for any consequential or incidental damages, including, but not limited to, lost profits and loss of good will, arising out of termination of this Agreement or disruption to the DAS/Small Cell Networks or FRANCHISEE's permitted activities hereunder. The CITY would not be willing to enter into this Agreement in the absence of a waiver of liability for consequential or incidental damages due to the acts or omissions of CITY or its agents, and FRANCHISEE expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of FRANCHISEE or other waivers contained in this Agreement and as a material part of the consideration for this Agreement, FRANCHISEE fully RELEASES, WAIVES AND DISCHARGES forever any and all claims, demands, rights, and causes of action for consequential and incidental damages (including without limitation, lost profits and loss of good will), and covenants not to sue for such damages, CITY , its departments, boards, commissions, officers, Commissioners and employees, and all persons acting by, through or under each of them, arising out of this Agreement or the work and activities authorized hereunder, including, without limitation, any interference with uses conducted by FRANCHISEE pursuant to this Agreement, regardless of the cause, and whether or not due to the negligence or gross negligence of CITY or its agents.

5.8 No Interference: FRANCHISEE shall not unreasonably interfere in any manner with the existence and operation of any and all public and private facilities existing now or in the future, including but not limited to sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, electroliers, cable television, telecommunications facilities, wireless facilities, utility, and municipal property without the express grant of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Agreement. FRANCHISEE shall be responsible for repair and restoration of any damage caused by such interference, to the extent it is caused by FRANCHISEE, to facilities belonging to the CITY. The CITY agrees to require the inclusion of

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• the same prohibition on interference as that stated above in all similar type agreements CITY may enter into after the date hereof.

6.0 INSURANCE

6.1 Amounts and Coverages: FRANCHISEE and each of its subcontractors or others working on its behalf, will maintain in force, during the full term of this Agreement, insurance in the following amounts and coverages with a copy of Proof of such insurance attached hereto as ExhibitB:

6.1.1 Workers' Compensation, with Employer's Liability limits of not less than One million dollars ($1,000,000) each accident.

6.1.2 Commercial General Liability Insurance with limits not less than five million dollars ($5,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Owners and Contractors' Protective, Broadform Property Damage, Products Completed Operations.

6.1.3 Business Automobile Liability Insurance with limits not less than one million dollars ($1,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including owned, non-owned and hired auto coverage, as applicable.

6.2 Required Provisions: General Liability and Automobile Liability Insurance shall be endorsed to provide for the following:

6.2.1 Name as additional insureds: the CITY, its officers, agents and employees.

6.2.2 That such policies are primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought.

6.3 Advance Notice of Cancellation: All policies shall be endorsed to provide: thirty (30) days advance written notice to CITY of cancellation or intended non-renewal, mailed to the following address:

Traverse City City Manager and City Clerk CITY OF TRAVERSE CITY 400 Boardman Avenue Traverse City, MI 49684

With a copy to counsel:

Traverse City

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City Attorney 400 Boardman Avenue Traverse City, MI 49684

6.4 Claims-Made Policies. Should any of the required insurance be provided under a claims-made form, FRANCHISEE shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of six (6) years beyond the Agreement expiration, to the effect that, should any occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claimsmade policies.

6.5 General Aggregate Limit. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above.

6.6 Receipt of Certificates oflnsurance: Certificates of insurance, in the form and with insurers reasonably satisfactory to the CITY, evidencing all coverages above shall be :furnished to the CITY before commencing any operations under this Agreement See Exhibit B to this agreement, with complete copies of policies promptly upon the CITY 's written request.

6. 7 Effect of Approval of Insurance: Approval of the insurance by the CITY shall not relieve or decrease the liability of FRANCHISEE hereunder.

6.8 Effect of Lapse oflnsurance: This Agreement shall terminate immediately, after written notice to FRANCHISEE and an opportunity to cure of three (3) business days, upon any lapse of required insurance coverage.

7.0 FRANCHISE FEE, RECORD and DEPOSITS

In connection with the work to be performed and activities to be conducted by FRANCHISEE under this Agreement:

7.1 Right-of-Way Fees for Installation and operation of DAS/Small Cell related Metro Act exempt facilities including antennas, supporting structures for antennas, poles equipment shelters or houses:

A. Initial Application Fee: In order to compensate the CITY for FRANCHISEE's initial entry upon and deployment of DAS/Small Cell related Metro Act exempt facilities including antennas, supporting structures for antennas, poles equipment shelters or houses within the Public Rightsof-Way, FRANCHISEE shall pay to the CITY the following as applicable: $5,000 one time payment.

B. One-time Fees per FRANCHISEE, City, or 3rd party owned Pole, with FRANCHISEE DAS/Small Cell equipment: As compensation for the site review for the use of any and all structures in the CITY Rights of Way or public places including poles or other structures and

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facilities owned, in whole or in part, whether held in fee or in trust or other form of proprietary interest, by the CITY ("CITY Facility"), or any 3rd party, or by FRANCHISEE, shall pay to the CITY a one-time fee (the "One-time Fee") in the amount identified in the schedule set forth immediately below, per site, for the use of each such facility or structure, whether CITY owned or owned by FRANCHISEE or any 3rd party, which location is located in the CITY Right of Way or public place and upon which a DAS/Small Cell Network antenna, or any supporting structure thereof, has been installed pursuant to the other requirements of this Agreement.

Schedule of One-time Fees per DAS/Small Cell site:

1. For each site built prior to the execution of this Agreement, or otherwise in violation of this Agreement, FRANCHISEE shall pay a One-time fee of$3,000 per DAS/Small cell site.

2. For each site built following the execution of this Agreement, FRANCHISEE shall pay a One-time fee of $1,000 per DAS/Small cell site.

C. Monthly Fee Per FRANCHISEE or CITY owned pole, with FRANCHISEE owned Antenna and related structures and equipment: As compensation for the use of any and all structures in the CITY Rights of Way or public places including poles or other structures and facilities owned, in whole or in part, whether held in fee or in trust or other form of proprietary interest, by the CITY ("CITY Facility"), or by FRANCHISEE, shall pay to the CITY a monthly fee (the "Monthly Fee") in the amount identified in the schedule set forth immediately below, per installed site for the use of each such facility or structure, whether CITY owned or owned by FRANCHISEE or any 3rd party, which location is located in the CITY Right of Way or public place and upon which a DAS/Small Cell Network antenna, or any supporting structure thereof, has been installed pursuant to the other requirements of this Agreement. The aggregate Monthly Fee with respect to each year of the term shall be an amount equal to the number of sites on CITY owned rights of way or other property locations or equipment or Facilities on which FRANCHISEE's equipment was currently existing during the preceding month, multiplied by the Monthly Fee, prorated as appropriate, and shall be due and payable within 30 days of the end of each quarter to CITY by FRANCHISEE.

The parties to this Agreement do not intend, and this agreement does not grant, the utilization of any jointly owned or third party owned properties in fulfillment of this agreement without written authorization by any such 3rd party, subject to collocation priority requirements as referenced in sections 3.1.1 and 4.8.

This Agreement anticipates AND AUTHORIZES ONLY ONE ANTENNA PER POLE OR SUPPORT STRUCTURE AND that every antenna as well as related support structure, installed by FRANCHISEE in CITY Rights of Way or public places, shall be subject to a Franchise fee as identified in this section and subject to collocation priority requirements as referenced in Sections 3.1.1 and 4.8

Schedule of Monthly Fees per antenna or pole or both (Not more than one antenna/pole-See Section 4.8):

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Tier l: FRANCHISEE or City owned Poles with FRANCHISEE DAS/Small Cell equipment: Residential Areas: $150 per site, per month Industrial and Commercial Areas: $100 per site, per month

Tier 2: 3rd Party owned Poles with FRANCHISEE DAS/Small Cell equipment: All Areas: $50 per site, per month

(It is the intent of the parties that all antennas are to be placed on poles only, as described above and in Exhibit A.)

The parties to this Agreement do not intend, and this Agreement does not grant, the utilization of any CITY owned public places, buildings or structures other than certain structures in the CITY Rights of Way as specifically identified in Exhibit A.

7 .2 Retention of Records: FRANCHISEE shall at all times keep and maintain full, true and correct business and financial records associated with this Agreement and provide such records on a quarterly basis in such form as to support the payments made under Sec 7 .1 above.

7.3 Late Payment Charge: If FRANCHISEE fails to pay any amounts payable under this Agreement within ten ( 10) days following the due date thereof, and after written notice of such non-payment, such unpaid amount shall be subject to a late payment charge equal to eighteen ( 18%) of the unpaid amount in each instance. The late payment charge has been agreed upon by the CITY and FRANCHISEE, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that the CITY will incur as a result of any such failure by FRANCHISEE, the actual costs thereof being extremely difficult if not impossible to determine.

7.4 Other Payments and Documentation: In addition to all other fees to be paid to the CITY hereunder, FRANCHISEE shall timely pay to the CITY all applicable deposit fees, permit fees, engineering fees and other fees or amounts, required to be paid by FRANCHISEE to the CITY in connection with obtaining permits or performing work under this Agreement, and as required by any federal, state or local law, statute, ordinance, rule or regulation. FRANCHISEE therefore acknowledges and agrees that this Agreement alone is not sufficient authorization from the CITY for the installation and operation of the DAS/Small Cell Networks and that additional documentation may be required by the CITY.

7.5 Security Deposit/Bond: Prior to performing any work necessary under this Agreement, FRANCHISEE will deliver to the CITY a valid performance bond in the sum of fifty thousand dollars ($50,000.00), issued by a surety company acceptable to the CITY 's Controller in the form attached hereto as Exhibit C. FRANCHISEE agrees and acknowledges that it will obtain a bond which allows for the use of the bond to cover all costs associated with the project not covered by any insurance policies including but not limited to: interest, charges by the CITY to remove DAS/Small Cell Networks and unpaid permit and administrative fees. FRANCHISEE shall keep such bond, at its expense, in full force and effect (The bond can be renewed from year to year) until the ninetieth 90th day after the Expiration Date or other termination hereof, to insure the faithful performance by FRANCHISEE of all of the covenants, terms and conditions

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of this Agreement. Such bond shall provide thirty (30) days prior written notice to the CITY of cancellation or material change thereof. In the event of any non-extension of the bond, FRANCHISEE shall replace such security with another form permitted hereunder at least ten (10) days prior to expiration and if FRANCHISEE fails to do so the CITY shall be entitled to present its written demand for payment of the entire face amount of such bond and to hold the funds so obtained as the Security Deposit required hereunder. Any unused portion of the funds so obtained by the CITY shall be returned to FRANCHISEE upon replacement of the bond or deposit of cash security in the full amount required hereunder. Such bond submitted pursuant to the requirements of a related Metro Permit shall satisfy the bond requirements of this agreement.

8.0 WORK STANDARDS

8.1 Performance of Work: FRANCHISEE shall use and exercise due care, caution, skill and expertise in performing all work under this Agreement and shall take all reasonable steps to safeguard and maintain in clean and workmanlike manner, all work site areas, including, without limitation, the poles located on Public Rights-of-Way and other existing facilities and property. All work to be undertaken by FRANCHISEE in the Public Rights-of-Ways shall at all times be performed by workers in accordance with generally accepted industry practice.

8.2 Work Plan: Prior to performing any work necessary under this Agreement, FRANCHISEE shall present a map (Exhibit A) and written proposal describing the work to be performed and the facilities, methods and materials (if any) to be installed ("Work Plan") to the CITY for review and will not perform any work until it has received CITY Authorization of the Work Plan. In addition, prior to conducting any work in the Public Rights-of-Way, FRANCHISEE shall provide to the CITY a current emergency response plan identifying staff who have authority to resolve, twenty-four (24) hours a day, seven (7) days a week, problems or complaints resulting, directly or indirectly, from the DAS/Small Cell Network installed pursuant to this Agreement. As soon as is reasonably practical following installation of the DAS/Small Cell Network, FRANCHISEE shall deliver as-built drawings to CITY Hall. (As an Amendment to Exhibit A)

8.3 No Underground Work Without Written Authorization: FRANCHISEE hereby represents, warrants and covenants that FRANCHISEE shall perform no excavation, trenching, coring, boring, or digging into the ground or installation of any equipment or other material into the ground, or any other underground work in connection with the work to be performed or Services to be provided by FRANCHISEE under this Agreement, except to the extent expressly approved by the CITY . FRANCHISEE further represents, warrants and covenants that it shall not otherwise disturb or disrupt the operation or maintenance of any sanitary sewers, storm drains, gas or water mains, or other underground conduits, cables, mains, or facilities.

8.4 Repair or Replacement of Damaged Facilities or Property: Upon written request, FRANCHISEE agrees to repair or replace to CITY 's reasonable satisfaction any CITY-owned facilities or CITY -owned property that the CITY determines has been damaged, destroyed, defaced or otherwise injured as a result of the work performed or Services provided by FRANCHISEE under this Agreement. FRANCHISEE shall perform such work at no expense to

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the CITY, except to the extent such damage, destruction, defacement, or injury was caused by the sole negligence or willful misconduct of CITY.

8.5 Modification of Work Plans: If during the term of this Agreement, the CITY determines that the public health or safety requires a modification of or a departure from the Work Plan submitted by FRANCHISEE and granted, the CITY shall have the authority to identify, specify and delineate the modification or departure required, and FRANCHISEE shall perform the work allowed under this Agreement in accordance with the CITY -specified modification or departure at FRANCHISEE's sole expense. The CITY shall provide FRANCHISEE with a written description of the required modification or departure, the public health or safety issue necessitating the modification or departure, and the time within which FRANCHISEE shall make, complete or maintain the modification or departure required.

9.0 TERMINATION

9 .1 Immediate Termination upon Notice in Certain Circumstances. In addition to all other remedies provided by law or in equity, either party may terminate this Agreement immediately upon written notice to the other party in the event of either of the following:

9 .1.1 By CITY after written notice to FRANCHISEE and after opportunity to meet with representatives of the CITY , if the CITY reasonably determines that FRANCHISEE's continued use of the Public Rights-of-Way will adversely affect public health or safety;

9.1.2 By either party (the "Non-Defaulting Party") if the other party has failed to perform any of its material obligations under this Agreement; provided, however, that if the Defaulting Party's failure to perform under or comply with this Agreement is capable of being cured, and if a specific notice or cure period or time for performance of such obligation is not otherwise specified in this Agreement, then the Non-Defaulting Party shall provide the Defaulting Party with a notice of the Defaulting Party's failure to perform or comply and provide the Defaulting Party with thirty (30) days from the date of the notice to cure the failure to perform or comply to the Non-Defaulting Party's reasonable satisfaction; provided, further, that upon the occurrence during the term of this Agreement of two (2) defaults of the same obligation by either Party, the Non-Defaulting Party shall not be required to provide any notice regarding the Defaulting Party's failure to perform such obligation, and any subsequent failure by the Defaulting Party after the Defaulting Party has received two such notices shall constitute a default by the Defaulting Party hereunder without any requirement on the part of the Non-Defaulting Party to give the Defaulting Party notice of such failure or an opportunity to cure.

9.2 Effect of Termination: In the event of termination of this Agreement as herein provided, FRANCHISEE shall immediately cease all work being performed under this Agreement, excepting only that work necessary for FRANCHISEE to remove all DAS/Small Cell Networks from the Public Rights-of-Way as provided in Section 3.4 above. Termination of this Agreement by the CITY as herein provided shall constitute the withdrawal of any grant, consent or authorization of the CITY for FRANCHISEE to perform any construction or other

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work under this Agreement in the Public Rights-of-way or on public property excepting only that work necessary for FRANCHISEE to remove all DAS/Small Cell Networks and leave all work site areas in a clean and safe condition and in accordance with Section 3. Upon any such early termination, the CITY shall promptly remit to FRANCHISEE a prorated portion of the annual Franchise fee paid to the CITY, if any.

10.0 NOTICES

Except as otherwise expressly provided in this Agreement, any notice given hereunder shall be effective only if in writing and given by delivering the notice in person, or by sending it first-class mail or certified mail with a return receipt requested, postage prepaid, or reliable commercial overnight courier, return receipt requested, with postage prepaid, to:

Traverse City City Manager and City Clerk CITY OF TRAVERSE CITY 400 Boardman Avenue Traverse City, MI 49684

With a copy to counsel:

Traverse City City Attorney 400 Boardman A venue Traverse City, MI 49684

FRANCHISEE

or to such other address as either CITY or FRANCHISEE may designate as its new address for such purpose by notice given to the other in accordance with the provisions of this Section at least ten (10) days prior to the effective date of such change.

11.0 COMPLIANCE WITH LAWS

I I. I FRANCHISEE shall comply with all present and future Laws.

11.2 All facilities installed pursuant to this Agreement shall be constructed to comply with all lawful federal, state and local construction and applicable telecommunications requirements.

12.0 MISCELLANEOUS

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12.1 Amendments: Neither this Agreement nor any term or provisions hereof may be changed, waived, discharged or terminated, except by a written instrument signed by the parties hereto.

12.2. Representations and Warranties: Each of the persons executing this Agreement on behalf of FRANCHISEE does hereby covenant, represent and warrant that, to the best of his or her knowledge, (a) FRANCHISEE is a duly authorized and existing corporation, has and is qualified to do business in , and has full right and authority to enter into this Agreement, (b) each and all of the persons signing on behalf of FRANCHISEE are authorized to do so, ( c) all financial statements and reports previously provided to the CITY by FRANCHISEE are true and complete in all material respects and accurately reflect the financial condition of FRANCHISEE as of the date such statements were provided to the CITY, and FRANCHISEE's financial condition as of the date it executes this Agreement is not materially worse than that reflected in the most recent of such financial statements and reports, and ( d) the DAS/Small Cell Networks installed pursuant to this Agreement shall comply with all applicable FCC standards regarding radio frequencies and electromagnetic field emissions. Upon the CITY's written request, FRANCHISEE shall provide the CITY with evidence reasonably satisfactory to the CITY confirming the foregoing representations and warranties.

Franchisee further warrants all the work performed by it or its subcontractors or anyone acting on behalf of Franchisee, against workmanship and product defects and any and all related costs, fees and damages to appurtenant or otherwise affected CITY facilities and property .

12.3 Interpretation of Agreement: This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein and shall be interpreted to achieve the intents and purposes of the parties, without any presumption against the party responsible for drafting any part of this Agreement. Use of the word "including" or similar words shall not be construed to limit any general term, statement or other matter in this Agreement, whether or not language of non-limitation, such as "without limitation" or similar words, are used.

12.4 Assignment; Successors and Assigns: Neither this Agreement nor any part of FRANCHISEE's rights hereto may be assigned, pledged or hypothecated, in whole or in part, without the express written consent of the CITY , which consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and obligations of FRANCHISEE hereunder to a parent, subsidiary, successor, or financially viable affiliate shall not be deemed an assignment for the purposes of this Agreement, provided that FRANCHISEE deliver to the CITY the following: (1) Bond issued in the name of transferee; (2) Assignment and Assumption Agreement between CITY and transferee; (3) Certificate of Insurance naming transferee as insured. In the event FRANCHISEE files a petition in bankruptcy pursuant to 11 U.S.C. Sections 101, et seq., the assignment of this Agreement shall be governed by the provisions of the Bankruptcy Code with a presumption that such filing in bankruptcy constitutes a breach of this agreement. An assignment of this Agreement is only enforceable against the CITY if FRANCHISEE or its trustee in bankruptcy complies with the provisions of 11 U.S.C. Section 365, including obtaining the authorization from the Bankruptcy Court. CITY

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hereby expressly reserves all of its defenses to any proposed assignment of this Agreement. Any person or entity to which the Bankruptcy Court authorizes the assignment of this Agreement shall be deemed without further act to have assumed all of the obligations of FRANCHISEE arising under this AGREEMENT on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to CITY an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to CITY , shall be the exclusive property of CITY , and shall not constitute property of FRANCHISEE or of the estate of FRANCHISEE within the meaning of the Bankruptcy Code

12.4.1 The parties agree and acknowledge that, notwithstanding anything in this Agreement to the contrary, certain Facilities deployed by Franchisee in the Rights-of-Way pursuant to this Agreement may be owned and/or operated by Franchisee's third-party wireless carrier customers ("Carriers') and installed and maintained by Franchisee pursuant to license agreements between Franchisee and such Carriers. Such Facilities shall be treated as Franchisee Facilities for all purposes under this Agreement provided that (i) Franchisee remains responsible and liable for all performance obligations under the Agreement with respect to such Facilities, (ii) City's sole point of contact regarding such Facilities shall be Franchisee, and (iii) Franchisee shall have the right to remove and relocate the Facilities. Franchisee shall not grant such Carriers with rights of access to such Facilities. City acknowledges that Franchisee may include third party-owned equipment in its initial installation of Facilities and that such inclusion shall not be considered a sub license to a third party subject to the provisions of this Section.

12.5 Severability: If any provision of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons, entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by Law.

12.6 Governing Law: This Agreement shall be construed and enforced in accordance with the Laws of the State of Michigan.

12.7 Entire Agreement: This instrument (including the exhibits hereto, which are made a part of this Agreement) contains the entire agreement between the parties and supersedes all prior written or oral negotiations, discussions, understandings and agreements. The parties further intend that this Agreement shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever (including prior drafts of this Agreement and any changes therefrom) may be introduced in any judicial, administrative or other legal proceeding involving this Agreement.

12.8 Time is of the Essence: Time is of the essence with respect to all provisions of this Agreement in which a definite time for performance is specified .

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12.9 Cumulative Remedies: All rights and remedies of either party hereto set forth in this Agreement shall be cumulative, except as may otherwise be provided herein.

12.10 Relationship of Parties: The CITY is not, and none of the provisions in this Agreement shall be deemed to render the CITY, a partner in FRANCHISEE's business, or joint venturer or member in any joint enterprise with FRANCHISEE. Neither party shall act as the agent of the other party in any respect hereunder, and neither party shall have any authority to commit or bind the other party without such party's prior written consent as provided herein. This Agreement is not intended nor shall it be construed to create any third party beneficiary rights in any third party, unless otherwise expressly provided.

12.11 Non-Discrimination: The parties agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of their actual or perceived race, color, religion, national origin, sex, age, height, weight, marital status, physical or mental disability, family status, sexual orientation, or gender identity. Breach of this covenant may be regarded as a material breach of this Agreement.

APPROVED AS TO SUBSTANCE:

Martin A. Colburn, City Manager

APPROVED AS TO FORM:

Lauren Trible-Laucht, City Attorney

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CITY OF TRAVERSE CITY

By~~~~~~~~~~ James C. Carruthers, Mayor


FRANCHISEE

Signature

Name and Title (print or type)

• EXHIBITS

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Exhibit A DAS/Small Cell Network Plans and Specs

Exhibit B Proof(s) oflnsurance

Exhibit C Bond

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FOR THE CITY C0N1MISSI0N MEETING OF DECEMBER 3, 2018

DATE: NOVEMBER 29, 2018

FROM: MARTY COLBURN, CITY MANAGER

SUBJECT: TRAFFIC CONTROL ORDERS

Attached is a memo from Assistant City Manager Penny Hill recommending that various traffic control orders be made permanent.

I recommend the following motion:

that the traffic control orders as outlined in the November 27, 2018, communication from the Assistant City Manager be adopted and made permanent.

MC/bcm K:\tcclerk\city commission\traffic control orders\tco 631 632 633 636 637 638 639

copy: Timothy Lodge, City Engineer

• The City of Traverse City Office of the City Manager

TO:

FROM:

DATE:

Martin Colburn, City Manager Timothy J. Lodge, P.E., City Engineer Benjamin Marentette, City Clerk

Penny Hill, Assistant City Manager

November 27, 2018

• GOVERNMENTAL CENTER 400 Boardman Avenue Traverse Qty, Ml 49684 (231) 922-4440 (231) 922-4476 Fax

• •

SUBJECT: Request to Amend and make permanent TCO No. 631, and to approve TCO Nos. 632,633,636,637,638, and 639.

The following Temporary Traffic Control Orders have been in effect for at least 90 days and were reviewed by the Traffic Committee on October

25, 2018 and November 13, 2018 with the following recommendations.

NEW Replaces

TCO# Description Location or Impacts Basis for Recommendation

TCO#

install "(NO PARKING} - at designated bus stop locations throughout the City

572 (in Per request by BATA to accommodate bus

631 BUS STOP" signs

and amended to move the bus stop from Front St to part)

routes throughout the City. Hall St.

install "NO PARKING" On East 14th Street To improve the line of sight at the

632 sign

• from the intersection with South Cass Street east to N/A intersection and at residential driveways. the driveway serving 212 E 14th St On Garland Street: To clarify where parking is permitted.

633 install "METERED • from Hall St east to the alley between 207

618 . PARKING ONL r signs Grandview Parkway and 101 Grandview Parkway

install "2 HOUR On the south side of Eleventh Street Increase time limit from 1 hour to 2 hour

636 PARKING 8 AM TO 4 -from Cass Street west to the east most driveway

254 to accommodate day care pick up/drop off.

PM SCHOOL DAYS" entrance for the St. Francis High School Parking lot signs

install "HANDICAP On the north side of West Front Street To provide a designated handicap parking

637 PARKING" sign

• at the parking space immediately east of the N/A space along the corridor. intersection with Spruce Street

Page 1 of 2

On Leeward Trail To provide traffic control and safety at the install a "YIELD" sign • at the intersection of Leeward Trail and Western intersections.

Street 638 AND N/A

On Leeward Trail install a "STOP" sign - at the intersection of Leeward Trail and Eastern

Avenue remove "NO PARKING On both sides of: Will Void To allow unrestricted parking in these 8AM-4PM", "NO Milliken Ct., Pinecrest Ave, West Orchard Dr., TCOs 299, locations. There were many different PARKING 8AM-4PM Sheridan between North Orchard Dr and Eastern Ave, 305,307, types of parking restriction signs in these MONDAYTHRU South Orchard Dr., Eastwood, Manor, East Orchard 309,323, areas, which were installed before the High FRIDAY", "NO between Eastwood and Manor, Randell Ct., Apache 358,370, School split into Central and West, and

639 PARKING 8AM - 4PM Pass, Indian Woods Dr., Comanche St., Anderson Rd., 397,and when there were fewer parking areas for SCHOOL DAYS': "NO Peninsula Ct., the First Block of Huron St. south of Will NMC. PARKING 8AM-3PM East Front St., the first block of Wenonah St. south of Supersede SCHOOL DAYS", and "2 East Front St., Cochlin St. from Munson Ave. to TCOs 75, HOUR PARKING BAM- Beadle St., Davis St. from Munson Ave. to Indian 151, 168, 4PM SCHOOL DAYS" Woods Dr., and on the east side of Fair St from E. 233,259, signs Front St. to Titus St. 432

The authority of the City Manager for these Temporary Traffic Control Orders has expired and they must be extended or made permanent by the

City Commission in order to continue. The City Commission can always rescind a Traffic Control Order at a later date if they so choose.

Temporary Traffic Control Orders are on file with the City Clerk's office.

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Office of the City Manager

TRAFFIC CONTROL ORDER NO.: 631

GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922-4440 (231) 922-4476 Fax tcmanage@traversecitym i .gov

DA TE: May 28, 2018

•

~ Bus Stop signs shall be placed as follows in connection with the Bay Area Transit Authority fixed route system:

(NOP ARKING) "BUS STOP"

shall be placed at all designated bus stop locations throughout the City, per the attached

documents. ~

Martin olli City Manager

TEMPORARY TRAFFIC CONTROL ORDER TO BE IN EFFECT FOR 90 DAYS

Note: lnis TCO shall supersede TCO No. 572 as it pertains to bus stop locations throughout the City.

Recommended by the Transportation Committee on April 19, 2018.

I certify that this Traffic Control Order was made pennanent by the City Commission at its meeting held on in the Commission Chambers, second floor, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.

Benjamin Marentette, MM~, City Clerk

D Rescinded on - --- - ---0 Superseded by TCO No. _ _ _ _

me1110

Bay Area Transportation Authority

To: Penny Hill (Traffic Committee Chair)

From: Tyler Bevier

CC: Russ Soyrlng

Date: 4.4.2018

Re: New BATA Transit stops within the city limits

Please see the attached list for the proposed new and retired transit stops on the BATA

transit loop network. Please contact me with any questions regarding specific requested

stops. BATA strives to use best practices when deciding stop locations, generally 75 feet

after an intersection is preferred, with 75 feet before an intersection as an alternate.

Proposed new transit stops are shown in green, existing stops are shown in orange as

stops to be retired are shown in red. Combination stops of two or more routes are

shown in purple.

Sincerely,

Tyler Bevier Transportation Planner Bay Area Transportation Authority

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[email protected] 231.933.5539

.__IBa_.yf""lne""'--S .... t....,op"-Loc:at=·=1on=s-l_n .... th=e....aC=ltv._U=:;1nt""·--ts ________ __.!11p.-_,_....._.!Cunent Stop# Proposed Sign Bayline

2

New Transit Stop Existing Transit Stop Retired Transit Stop

-

Route 1

Sto #

3

Hall Street Transfer .

New Transit Stop Existing Transit Stop

- Reti~d T~nsit Stop

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Route2 ... - ~--.~- .-- ----- - 1 ..:::::_ - - - - - - - - - -

Stop#

nue

cass St & Lake Avenue

Front O cass St

w. Front I> Pine (J&s State Street East of Union

Hall Street Transfer

New Transit Stop

Existing Transit Stop

Retired Transit Stop

Existing Transit Stop, now a combo stop with Route S

Stop# City?

5

Inbound Inbound 301 GTMIII

Ne_w Transit Stop Existing Transit Stop Exisiting Transit Stop, now a (:ombo stop w_ith Route 13

••

Outbou Outboun Ci ? 301 no 305 ho

383 AO

379 375 371 365 361 357 353 349 341 345 •

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• Inbound

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Inbound

New Transit Stop

Existing T~nsit Stop R~tired Transit Stop . New Transit Stop, combo with Bayline

Outbound Outbound Ci ?

hO

no

no no

no

• Route 5

Sto #

535 no

no

529 110

569 no

531 no

513 nn

no

New Transit Stop_ EJdstlnJ ,:ranslt S~p . Existing Transit Stop, now a Combo with Route 2 •

• 7

• Retired Stops

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05/02/2018

w l tlh St

Wl'tllP.llthSI ~~ ,~ i:, i!!

eenth St

W16\hSI

u, 0 • = SQ

GogliMyMa~ Traverse uty Golf <t :

, . ,..,.., ,,..tov ,.... ... ~

Green Points - New Transit Stops (26)

Red Points - Retired Transit Stops (7)

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tl raverse City C eentrafHlgh School

l hwestern

H,:mnah Ave

en

6 9

9

0 EFront St

G lchlganft College•

®

US Coast Guard Air 0 Station Traverse City

2 .,., > «l : m ...

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• • • This will allow for safer

transfers for passengers on the Bayline, to cross Hall Street, versus crossing West Front Street.

• 4,580 passengers have used the Front/ Wadsworth stop since June 25th, 2018

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GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922-4440 (23 l) 922-4476 Fax [email protected]

TRAFFIC CONTROL ORDER NO.: 632 DA TE: May 22, 2018

• The following signs regulating traffic shall be installed at the following designated location:

"No Parking"

shall be placed on East Fourteenth Street from the intersection with South Cass Street east to the driveway seiving 212 East Fourteenth Street to improve line of sight at the intersection and at residential driveways.

~ City Manager


Recommended by the City of Traverse City Transportation Committee on May 17, 2018.

I certify that this Traffic Control Order was made permanent by the City Commission at its meeting held on in the Commission Chambers, second floor, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.


D Rescinded on --------0 Superseded by TCO No.----

TCO 632 Location Map

04/2912017

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GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922-4440 (231) 922-4476 Fax tcmanage@traversecitym i .gov

TRAFFIC CONTROL ORDER NO.: 633 DATE: May 31, 2018

The following signs regulating traffic shall be installed at the following designated location:

"METERED PARKING ONLY"

On Garland Street, from Hall St east to the alley between 207 Grandview Parkway and 101

Grandview Parkway, to clarify where parking is perm~e<I·,,, ~ L--~~

City Manager


Note: This TCO is to compliment and clarify TCO No. 618 .

Recommended by the City of Traverse City Transportation Committee on May 29, 2018.

I certify that this Traffic Control Order was made permanent by the City Commission at its meeting held on in the Commission Chambers, second floor, Governmental Center, 400 Boardman A venue, Traverse City, Michigan.


0 Rescinded on ------0 Superseded by TCO No. ___ _

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GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922 -4440 (231) 922-4476 fax tcmanage@traversecitymi .gov

TRAFFIC CONTROL ORDER NO.: 636 DATE: July 19, 2018

• The following signs regulating traffic shall be installed at the following designated locations:

"2 HOUR PARKING 8AMT04PM

SCHOOL DAYS"

shall be placed

on the south side of Eleventh Street from Cass Street west to the east most driveway entrance for the St. Francis High School parking lot.

City Manager


Note: This TCO shall supersede TCO No. 254 as it pertains to parking restrictions at the above location.

Recommended by the Transportation Committee on July 19, 2018.

I certify that this Traffic Control Order was made pennanent by the City Commission at its meeting held on in the Conunission Chambers, second floor, Govenunental Center, 400 Boardman Avenue, Traverse City, Michigan.


D Rescinded on --------0 Superseded by TCO No. ___ _

C 0 ·-.., ,a u 0 ~

'° 1¥'1 U)

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The City of Traverse Ci ty


GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922-4440 (231) 922-4476 Fax [email protected]


(I

The following sign regulating traffic shall be installed at the following designated location:

"HANDICAP PARKING"

at the parking space on the north side of W Front Street, immediately east of the intersection with Spruce Street

to provide a designated handicap parking space along the corridor.

~~/ Martin Colburn City Manager


Recommended by the City of Traverse City Transportation Committee on July 19, 2018.

I certify that this Traffic Control Order was made permanent by the City Commission at its meeting held on , in the Commission Chambers, second floor, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.


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GOVERNM ENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (23 1) 922-4440 (231 ) 922-4476 Fax [email protected]

TRAFFIC CONTROL ORDER NO.: 638 DA TE: July 19, 2018

• The following signs regulating traffic shall be installed at the following designated location:

"YIELD"

on Leeward Trail at the intersection of Leeward Trail and Western Street and

"STOP"

on Leeward Trail at the intersection of Leeward Trail and Eastern A venue

for traffic control and safety at the intersections .


Recommended by the City of Traverse City Transportation Committee on July 19, 2018.

I certify that this Traffic Control Order was made permanent by the City Commission at its meeting held on , in the Commission Chambers, second floor, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.


D Rescinded on - - ------0 Superseded by TCO No. ___ _

- · ..,.._. --- ~ ,-- ~---.-.- - ·....---,..-----~ ----

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GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922-4440 (231) 922-4476 Fax [email protected]


• The following signs regulating traffic shall be removed at the following designated locations:

"NO PARKING 8AM-4PM"

"NO PARKING 8AM-4PM MONDAY THRU FRIDAY"

"NO PARKING 8AM-4PM SCHOOL DAYS"

"NO PARKING 8AM-3PM SCHOOLDAYS"

"2 HOUR PARKING 8AM-4PM SCHOOL DAYS"

On both sides of: Milliken Ct, Pinecrest Ave, West Orchard Dr, Sheridan between North Orchard Dr and Eastern Ave, South Orchard Dr, Eastwood, Manor, East Orchard between Eastwood and Manor, Randell Ct, Apache Pass, Indian Woods Dr, Comanche St, Anderson Rd, Peninsula Ct, The first block of Huron St south of East Front St, The first block of Wenonah St south of East Front St, Cochlin St from Munson Ave to Beadle St, Davis St from Munson Ave to Indian Woods Dr,

And on the east side of Fair St from E Front St to Titus St

to allow unrestricted parking in these locations .


Office of th e Citf Manager

GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Ml 49684 (231) 922-4440 (231) 922-4476 Fax tcmanage@traversecitymi .gov a

TRAFFIC CONTROL ORDER NO.: 639 {Continued) DATE: July 27, 2018

~ ~ City Manager


Recommended by the Transportation Committee on July 27, 2018.

Note: This TCO shall make null and void TCO No. 299,305,307,309,323,358,370,397, and shall supersedeTCO No. 75, 151,168,233,259, and 432 as they pertain to the above listed locations.

I certify that this Traffic Control Order was made permanent by the City Commission at its meeting held on in the Commission Chambers, second floor, Governmental Center, 400 Boardman A venue, Traverse City, Michigan.


D Rescinded on --------0 Superseded by TCO No. ___ _

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• • • TCO 639 Location M.ap

CITY OF TRAVERSE

MICHIGAN

TRAFFIC CONTROL ORDER NO. :;l '\'\

C I T Y

DATE: 'l - \ fo ~ qQ>

The following signs regulating parking shall be placed at the following designated location:

"NO PARKING - 8 AM TO 4 PM - SCHOOL DAYS"

Along both sides of Indian Woods Drive, between Front and Comanche Streets.

Paul L. Preston, Jr, City Manager

TEMPORARY ORDER TO BE EFFECTIVE IMMEDIATELY FOR 90 DAYS.

Confirmed by the City Commission __;~::.w..1~~0~\e\~~~~:...+--"1~,,......:..\~ ......... 3~\--------(DATEJ

RE-ESTABLISHED FOR 90 DAYS,

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CITY OF TRAVERSE CITY

M I C H I G A N

TRAFFIC CONTROL ORDER NO. ~ QS DATE: to I ZS / 'tl)



Along both sides of Sheridan Road, between Manor Avenue and North orchard Drive .

Paul L. Preston, Jr. City Manager


Confirmed by the City Commission ~.\__;;;~~~~~~~t--\~~""~~'fl.a.....~~,--~~--(iSATE\)

This Traffic Control Order shall supersede Traffic Control Order No. 300 •

C I T Y 0 F TRAVERSE C I T Y

M I C H I G A N

TRAFFIC CONTROL ORDER NO. "s~~ DATE: \ ~ • l ~ q ()

The following signs regulating parking shall be placed at the following designated locations:


Along both sides of Cochlin Street, from Munson Avenue south to Beadle Street on the west side of Cochlin, and from the south side of the NBD Building south to Beadle Street on the east side of Cochlin; and

"2 HOUR PARKING - 8 AM TO 4 PM - SCHOOL DAYS"

Along the east side of Cochlin Street beside the NBD Building only.

Paul L. Preston, Jr. City Manager

confirmed by the City commission ~aoue1r-1 '1TI ~qi DAE)

This Traffic Control Order shall supersede Traffic Control Order No. 296 and the Amendment to Traffic Control Order No. 296.

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CITY OF T R A \7 E R S E C I T Y

MICHIGAN

TRAFFIC CONTROL ORDER NO. : 3 CC\ DATE : \\ - \ 9 ~ "l 0


NO PARKING - 8 AM TO 4 PM SCHOOL DAYS

on the unsigned eastern portion of Comanche Street, between 1708 and 1740 Comanche Street, on both sides of the street.

_Q_~ _____ ....... /x..-.-o ..... ~--------.l~lj'+-'--___ Paul L. Preston, Jr. r City Manager


Confirmed by the City Commission , . tf »J\V~ fh. \3q 1 · (D te)

C I T Y O F T R A V E R S E C I T Y

MICHIGAN

TRAFFIC CONTROL ORDER NO. 3~ DATE= Ow. o, 1991

The following signs regulating parking shall be placed at the following designated locations:


on the outer (south and east) side of the unsigned portion of Indian Woods Drive. (Between 1706 and 1755 Indian Woods Drive)

\'Ric~_/~ud City Manager


Re-established for 90 days, effective: (date)

\~cl~iYJ !chard I. wls

City Manager

Confirmed by the City commission:

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GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, Michigan 49684

C I T Y O F T R A V E R S E

MICHIGAN

C I T Y

TRAFFIC CONTROL ORDER NO.: 3.5 0

•

The following signs regulating parking shall be installed at the following designated locations:


signs on the inner (north and west) side of Indian Woods Drive, between 1703 and 1755 Indian Woods Drive .

Richard I. Lewis City Manager

TEMPORARY ORDER EFFECTIVE AUGUST 15, 1994, FOR 90 DAYS

Re-established for 90 days, effective (date): {\c\tfM~ I\ 1

\9<-}~

•1al#hJ~

JI. Le"1F y Manager

Confirmed by the City Commission (date):

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~ FROM: MARTY COLBURN, CITY MANAGER

SUBJECT: MEMORANDUM OF UNDERSTANDING FOR SAFE ROUTES TO SCHOOL SYSTEMS PLANNING

In March of this year, the City Commission approved a Memorandum of Understanding with Norte! to support the grant application for Safe Routes to School (SRTS). Attached is a memo from City Planning Director Russ Soyring outlining the status of the project so far. The $2 Million grant has a conditional commitment status, so to move forward, Norte! is now beginning SRTS Systems Planning with a grant award from Rotary Charities. While there is no monetary contribution sought from the City, a Memorandum of Understanding would designate a staff person to participate in the systems planning process, and show Rotary Charities that partners are in place to engage in the planning effort.

I recommend the following motion ( 5 affirmative votes required):

that the Mayor and City Clerk execute a memorandum of understanding with Norte! as it relates to the Safe Routes to School Systems Planning Rotary Seed Grant, such agreement subject to approval as to its substance by the City Manager and its form by the City Attorney.

MC/kg k:\tcclerk\city commission\agreements\mou for safe routes to sehool planning_20181203.docx

copy: Russell Soyring, Planning Director

- ~ City of Traverse City [lgj Planning Department Memorandum No. 2018-69 Date: November 19, 2018 To: From: Through:

Subject:

In July of this year, the City of Traverse City received notification from the Michigan Department of Transportation that our multi-school $2M Safe Routes to School (SRTS) infrastructure grant received conditional commitment for 4.9 miles of linear trail/sidewalk expansion, bike lanes, traffic calming, crosswalk improvements and signage upgrades. Staff is currently working on satisfying the conditions outlined in the Conditional Commitment which include historical, environmental and technical approvals. To be clear, the SRTS infrastructure grant has not been awarded, but has a conditional commitment status.

In anticipation of the infrastructure grant moving forward, Norte has been preparing for the programming and encouragement for the new infrastructure once it is built. Nerte's goal is to ensure that "if we build it, they will come." Norte applied for a grant to conduct a systems planning exercise to identify, examine and solve any barriers to walking or biking to school. These 'barriers' could be city, township or school policies or procedures that inhibit walking or biking.

Norte received notice of a grant award to work on SRTS systems planning from Rotary Charities. They would like to work with the City as part of the systems process. Additional participants in the planning grant work would be entities that are involved with the Safe Routes to School infrastructure grant request such as TART, Garfield, GTCRC, MOOT, TCAPS, GTACS, Trinity Lutheran, TBAISD and Northwestern Michigan College.

The City's role in participating would be to designate a staff person to participate in the systems process. There is no monetary contribution or match required to participate in the planning effort. To move forward, Norte needs an MOU in place to show Rotary that there are partners in place to engage in the systems planning effort.

Norte provided a project description and proposed timeline below.

Project description: This project aims to empower our partners to "plug in" to the bigger vision of SRTS. A system map will help identify their roles and other ways in which they can get involved in SRTS beyond laying more sidewalks, bike lanes, intersections and trails around schools. Norte has developed a hypothesis that safe walk/bike infrastructure + impactful educational and encouragement programming + system mapping will lead to community-wide change behavior and get kids out e of the carline and empower them to actively get themselves to school so they're happier,

City of Traverse City Planning Department 400 Boardman Ave Page 1 ofZ

Traverse City, Ml 49684 (231) 922-4778

healthier and more ready to learn. Funds will be used to run a 6 week systems planning session with all SRTS partners to better understand the challenges and complexities of active transportation policies affecting behavior. The planning project aim is to find leverage points to act on and experiment on before the possible new SRTS infrastructure is constructed in 2020 so that its use can be maximized.

Timeline: December-January: February-March: April-June: July-August: Sept-November: December:

Planning 6 weeks systems practice course Experiment in the spring with map Evaluate these actions and make changes to the map Experiment again with the map Evaluate and plan for spring 2020 when implementation of infrastructure.

In closing, by participating in this process, we can demonstrate that the City is making sincere efforts to ensure our sidewalk investments are being put to good use. Even though there is no dollar contribution required by the City, there will still be an "in-kind" contribution through dedication of staff hours to the project.

Attachment: Memorandum of Understanding

Pagel of 2

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Memorandum of Understanding Safe Routes to School systems planning -Rotary Seed Grant

Between: City of Traverse City

Norte

This is a Memorandum of Understanding (MOU) between the City of Traverse City ("City"), whose address is 400 Boardman Avenue, Traverse City, Ml 49684 and Norte! ("Norte"), whose address is P.O. Box 781, Traverse City, Ml 49685.

The Parties enter into this Memorandum on the basis of the following:

A. The Parties share a common desire to move forward the City of Traverse City's multi-school $2M Safe Routes to School (SRTS) grant which has received conditional commitment notification from the Michigan Department of Transportation for 4.9 miles of linear trail/sidewalk expansion, bike lanes, traffic calming, crosswalk improvements and signage upgrades.

B. This Memorandum outlines the elements necessary to conduct Safe Routes to School systems planning for the 10-school project area.

C. Norte has funding eligible for systems planning work through a grant from Rotary Charities.

The Parties are committed to the tasks listed below in order to achieve their mutual goal to build the proposed sidewalk for the benefit of the public:

1. The City shall: a. Provide staff for the project management team, to participate in public meetings related

to the Project, and participate in the systems planning process;

2. Norte Shall: a. Be the Project Manager taking the leadership role in implementing the planning project b. Provide staff to assist with the Project as follows:

i. to participate in public meetings relating to project. ii. To implement the educational/encouragement programming iii. To convene systems planning sessions with all partners involved with the SRTS

grant including the City of Traverse City, Traverse City Area Public Schools, Grand Traverse Area Catholic Schools, Traverse Bay Area Intermediate School District, Trinity Lutheran, Michigan Department of Transportation, Garfield Township, Northwestern Michigan College, and Traverse Area Recreation and Transportation Trails to better understand the challenges and complexities of active transportation policies affecting behavior .

MOU-SRTS Systems Planning Page 1 of 2

• The parties have executed this Memorandum on the date indicated below:

The City of Traverse City: Approved as to Content:

James Carruthers, Mayor Date Martin Colburn, City Manager

Approved as to Form: Benjamin Marentette, City Clerk Date

Lauren Trible-Laucht, City Attorney

Ty Schmidt, Executive Director Date

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• MOU-SRTS Systems Pl anning Page 2 of 2

• The City of Traverse City



DATE:

FROM:

NOVEMBER 29, 2018 ~

MARTY COLBURN, CITY MANAGER

SUBJECT: BOARDMAN RIVER RESTORATION PROJECT -- SABIN DAM MODIFICATIONS

As a follow-up to our recent study session regarding this project, Grand Traverse County has invoiced the city for our 50% share (equal to $121,896) for the above project. The Grand Traverse Band of Ottawa and Chippewa Indidians up fronted this cost, which has since been paid by the county; and now we need to reimburse the county for our 50% share.

This expense will be paid from the proceeds to the city from the sale of the Coal • Dock Property to Rotary Camps and Services.

•

I recommend the following motion (5 affirmative votes required):

that the City Manager be authorized to approve payment in the amount of $121,896 to Grand Traverse County, which represents the city's 50%, share in costs associated with Sabin Dam Modifications as part of the Boardman River Restoration Project, with funds to come from the proceeds of the Coal Dock Property sale.

MC/bcm K:\tcclerk\city commission\payment authorizations\sabin dam modification payment 20181203

copy: William Twietmeyer, City Treasurer/Finance Director Frank Dituri, Director of Public Service

e




DATE:

FROM:

NOVEMBER 29, 2018

~ MARTY COLBURN, CITY MANAGER

SUBJECT: HICKORY HILLS RECREATION AREA- NAMED AMENITIES, SLOPES AND TRAILS

As you know, Preserve Hickory, our non-profit partner, has done fantastic work on behalf of this community by raising over $2 million toward incredible improvements to the Hickory Hills Recreation Area.

Maureen Madi on and Laura Ness have served as co-chairs of Preserve Hickory and worked with City staff to develop naming opportunities in recognition of donors who gave significant gifts. As provided by the Preserve Hickory Gift Acceptance, Donor Recognition and Naming Policy adopted by the City Commission in February 2016, city staff has approved the entire naming slate.

On Monday evening, Ms. Madion and Ms. Ness will provide a brief presentation overviewing these named amenities, which is the culmination of a tremendous amount of effort by these two ladies as well as the Preserve Hickory organization altogether; and we are grateful for their work.

MC/bcm K:\tcclerk\city commission\miscellaneous\hickory hills named amenities

Copy: Frank Dituri, Director of Public Services Tim Lodge, City Engineer Derek Melville, Parks and Recreation Superintendent Maureen Madion, Preserve Hickory Co-Chair Laura Ness, Preserve Hickory Co-Chair

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November 16, 2018

Mr. Marty Colburn City Manager City of Traverse City 400 Boardman Avenue Traverse City, Michigan 49684

Dear Marty:

PRESERVE

HICKORY HILLS

During the course of Preserve Hickory's capital campaign wherein we raised more than $2 million and leveraged in excess of $1,500,000 in public funds for improvement at Hickory Hills, lead donors (over $25,000) were offered naming opportunities pursuant to the Gift Acceptance and Naming Policy adopted by the City and Preserve Hickory in 2015. Preserve Hickory has worked closely with each donor to develop names consistent with Hickory's current naming convention and that meet individual donor objectives. The attached document sets forth the designated names of the new slopes, trails and amenities at Hickory Hills. In addition, the attached site map shows the location of the newly named slopes and trails.

Thank you for your continued support and partnership as we work to improve Hickory for future generations of Traverse City recreation enthusiasts.

all the best,

Maureen Madion and Laura Ness • Preserve Hickory Co-founders

• Hickory Hills Donor Recognition Slate of Named Amenities/Trails/Slopes

Park Amenity Donor1 Name Alpine Slope Casev and Dana Cowell Bail Alpine Slope Casev and Dana Cowell "Maona" for Maona Carta Terrain Park Casey and Dana Cowell "The Dec" for the Declaration of Independence Alpine Slope Oleson Foundation Don & Jerrv Alpine Slope Madion Family MadDOQ Alpine Slope Rotarv Charities Rotarv Rocks Learners' Area w/ Mai:iic Carpet

~erty Fast Tammy

Aloine Slooe Lodi:ieAlley Alpine Slope Low Grade Existing Alpine Slope "Suicide" Rename Cherry Bomb Nordic & Comprehensive Trail Biederman Foundation It's a Baic UA Trail Loop TC Track Club Track Club Trail Maintenance Building Sleder's Tavern Moose Sleddini:i Hill Broad Familv Elmer Locker Room in Lodi:ie GT Ski Club The Clubhouse Lodae Fireplace Dodd Russell Designated as Gift of Russell Family Firepit Tim Werner & Petra von Kulajta Designated as Gift of Tim Werner & Petra von Kulajta Firepit Dudley and Kim Smith Desionated as Gift of Dudley and Kim Smith Fireoit Kelly Robinson Family Designated as Gift of Robinson Family

• 1 Three (3) slopes included in the list are not designated for donors: two (2) new alpine slopes & one (1) rename of existing slope .

•

PRESERVE HICKORY GIFT ACCEPTANCE, DONOR RECOGNITION AND NAMING POLICY

Introduction .PRESERVE HICKORY is a non-profit organization whose primary purposes is to preserve Hickory Hills as a public park and ski

park with affordable recreation for all. All donations solicited by Preserve Hickory shall be used by the City of Traverse City to implement the Hickory Hills Long Range Master Plan (as amended and finalized during the course of the Project) ("plan") which was initially adopted by the City of Traverse City and Garfield Township by joint resolution and to that end, PRESERVE HICKORY will follow the policies and procedures outlined below. Preserve Hickory will be raising funds which will be ultimately directed and expended by the City of Traverse City to implement the Plan and improve the City park.

General Gift Acceptance Policies Acceptance of any contribution, gift or grant is at the discretion of Preserve Hickory. Preserve Hickory will not accept any gift unless it can be used or expended consistently with the purpose and mission of Preserve Hickory. The organization reserves the right to decline a gift from any donor.

Preserve Hickory accepts donations of cash or publicly traded securities. Certain other gifts, real property, personal property, non-liquid securities, and contributions whose sources are not transparent or whose use is restricted in some manner, must be reviewed prior to acceptance due to the special obligations raised or liabilities they may pose for Preserve Hickory and/or the City of Traverse City.

Donor Acknowledgements Within 14 days of donation receipt, every donor to Preserve Hickory shall receive a formal acknowledgement/ thank you letter and donation receipt consistent with IRS requirements. With the exception of gifts of cash and publicly traded securities, no value shall be provided on any receipt or other form of substantiation of a gift received. If a donor receives anything of value in exchange for the donation, such as a dinner or event admission, the tax receipt shall clearly state that portion of the donation

• that is tax deductible.

Donor Privacy Policy Preserve Hickory respects the intent of the donor relating to gifts for restricted purposes and those relating to the desire to remain anonymous. With respect to anonymous gifts, Preserve Hickory will restrict information about the donor to only those staff members with a need to know.

Any information supplied to Preserve Hickory by donors will be used solely to fulfill the donation and shall not be shared for any reason unless the donor grants permission to share such information. Preserve Hickory does not sell or share donor lists. Donors who supply Preserve Hickory with their postal address or email address may be contacted periodically for solicitation purposes and/or with information regarding upcoming events. If requested, Donors will be removed from all mailing lists.

Fundraising Funds shall be solicited in a respectful manner and without pressure. All third parties not directly affiliated with Preserve Hickory who wish to solicit funds on behalf of the organization must acquire written permission from Preserve Hickory prior to beginning any fundraising activities. Preserve Hickory will not compensate, whether through commissions, finders' fees or other means, any third party for directing a gift or a donor to Preserve Hickory.

Preserve Hickory is a nonprofit 501 ( c)(3) organization and contributions made to the organization are tax deductible to the fullest extent of the law.

Donor Naming and Recognition Opportunities Pursuant to the City of Traverse City Naming Policy, the City maintains the authority for and will have final approval for any and all naming opportunities related to Hickory Hills. Due to the nature of this project and the incentive naming opportunities provide

.for large donors, the following parameters have been approved by the City Commission for naming opportunities in conjunction with the implementation of the Hickory Hills Master Plan:

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2 NAMING OPPORTUNITES AND REQUIRED GIFT LEVELS. Naming opportunities are reserved for the most generous gifts and will be granted at minimum levels to be determined .

1. Lodge 2. Conference Room/Locker Room/Rental Equipment Room 3. Equipment & Groomer Barn 4. Beginner Area/Magic Carpet 5. Downhill Ski Slopes/Ski Trails 6. Nordic/Recreational Multi-purpose Trails 7. Terrain Park 8. Disc Golf Course 9. Sledding Hill 10. Picnic Area 11. Trail Fitness Stations 12. Fire Pits

GIFT ELIGIBILITY. 1. Deferment gifts/pledges may be considered as part of a gift commitment if the gift is non-revocable and the net

present value of the gift meets the required gift level established for the Gift Recognition. 2. Ora! promises of a future gift do not qualify for a naming opportunity. 3. If a contribution is pledged over a period of time, the City will establish the timeframe when the name will be added.

NAMING PARAMETERS. 1. The City and Preserve Hickory wish to maintain, when possible, the integrity of the original naming pattern of the

lodge and slopes at Hickory Hills, established at the time of the Park's development in 1952 ("Buck," "Pete," "Birch," "Swede," "Jacks Trail"). As such, naming of ski slopes, terrain and hills will be granted in a manner consistent with this established format.

2. Before extending a naming opportunity, Preserve Hickory will confer with a City representative to consider issues and the impact on the City's and Hickory's reputation and marketing.

3. The City will retain veto power over the name selected, regardless of the dollar size of the proposed gift. 4. Names shall not include brand names, trademarks or the terms, "Foundation," "Organization," "Corporation" or

·company." 5. Donor naming of the lodge and rooms therein will continue for the useful life of the Lodge. When a named facility is

taken out of service or upgraded substantially, the City will develop a plan along with the donor or family (if possible) to continue donor recognition in a way that is visible and in context with standard giving levels of the time.

6. The City reserves the right to remove at any time names that it determines would cause embarrassment or disrepute to the City or the park.

7. All naming opportunities will be contingent upon governmental grant restrictions.

RECOGNITION OPPORTUNITIES. Recognition opportunities will honor donors beginning at a level of $3000. Donors at this level will be recognized within a particular area of the lodge selected to highlight donors and their generosity.

I certify that this policy was adopted by the City Commission for the City of Traverse City at its regular meeting of Tue Fe 16,

Clerk

Gift Acceptance, Donor Recognition Policy 2 rev. 1.3.2016

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City of Traverse City

Office of the City Clerk

GOVERNMENT AL CENTER 400 Boardman A venue Traverse City, MI 49684 (23 I) 922-4480

tcclerk@traversecitymi .gov

--- ·- --- --- ---------- -November 27, 2018

Maureen Madion, Co-Chair

Laura Ness, Co-Chair

Preserve Hickory

233 N. Madison Street

Traverse City, M l 49684

Dear Maureen and laura:

CITYi' TRAVERSE CITY

I am writing on behalf of the City of Traverse City to thank you both for your extraordinary leadership in raising over $2 million in private donations for the Hickory Hills Recreation Area. Through your

dedication as Co-Chairs of the Campaign l eadership Team, your efforts raising funds for the renovation

of Hickory Hills Recreation Area are to be commended.

The culmination of the Master Plan, including the park upgrades, new revenue opportunities, updated

infrastructure and more recreational opportunities for the entire community could not have been

possible without your t ireless efforts put toward raising the matching funds for this project .

Th is le tter serves as approval to proceed with naming the amenities at Hickory Hills as outlined in the

attached list t it led "Hickory Hills Donor Recognition". This list of names is approved as provided by the

Preserve Hickory Gift Acceptance, Donor Recognition and Naming Policy approved by the City

Commission on February 16, 2016.

Congratulations on your accomplishments and please know it has been my personal pleasure to work

w it h both of you in th is long-lasting effort that will serve as a part of your legacy. Our community is

certainly indebted to you both.

Cc: Marty Colburn

Frank Dituri

Tim lodge

Derek Melville.

Attachments

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SUBJECT: MEDICAL MARIHUANA ORDINANCE ENACTMENT

As a follow-up to the discussion at the November 12 and November 19 City Commission Meetings, the Medical Marihuana Ordinance amendments are now proposed for enactment. At the November 12 meeting, the City Commission asked Commissioner Werner to recommend a maximum number of dispensaries and to provided the basis for that recommendation; attached is a memo from Commissioner Werner.

As we have discussed, these motions would exclude medical marihuana provisioning centers from the C-4 district and establish the maximum number of provisioning centers within the city. All previous memos from staff have been included for your review once again, and as we discussed, these ordinance amendments now include a recommendation from the Planning Commission to allow provisioning centers in districts where pharmacies are allowed.

Also attached is a resolution establishing a deadline for accepting applications for the lottery. City Clerk Benjamin Marentette recommends a deadline of May 3, 2019, which is six months after the ordinance would be passed and should provide ample time for applicants to get prequalified by the state, which is a prerequisite in our ordinance to apply for city lottery.

Finally, as outlined in the memo from the City Attorney and City Clerk, the City Clerk recommends that the permit fee be established at $5,000 annually, with the fee for amendments to permits to be based upon the cost of actual staff time involved.


that an amendment to the Traverse City Code of Ordinances, Medical Marihuana Facilities Amendment for Community Center (C-3), Regional Center (C-4), Hospital (H) and Industrial (I), Sections 1320.07, 1344.01, 1354.01

-See following page for the rest of the motion-

City Commission December 3, 2018 Ordinance Amendment Medical Marihuana

and 1358.01, to support the removal of Medical Marihuana Collective as a use and remove all references to Medical Marihuana Collective from the Zoning Code, as recommended by the Planning Commission, which were introduced November 5, 2018, be enacted with an effective date of December 13, 2018; and further that

amendments to the Traverse City Code of Ordinances, Medical Marihuana Permitting Regulations, Chapter 845, which provides the regulatory framework for Medical Marihuana Permits, and Medical Marihuana Facilities Amendment for Community Center (C-3, Regional Center (C-4), Hospital (H) and Industrial (I) Districts, as recommended by the City Commission Ad Hoc Committee on Medical Marihuana Regulation, which was introduced October 15, 2018, be enacted with an effective date of December 13, 2018; and further that

an amendment to the Traverse City Code of Ordinances, Amendment to Allow Medical Marihuana Provisioning Center as Allowed Uses in C-2 (Neighborhood Center), C-3 (Community Center), C-4 (Regional Center), D-1, D-2, D-3 (Development), HR (Hotel-Resort), H-1, H-2 (Hospital) and I (Industrial) Districts, which would allow medical marihuana provisioning centers where pharmacies are allowed, as recommended by the City Planning Commission, be enacted with an effective date of December 13, 2018; and further that

the Resolution to Establish the Date of the First Lottery to be Held Pursuant to the City's Ordinance Implementing the Medical Marihuana Facilities Licensing Act, which establishes a deadline of May 3, 2019 as the deadline for applicants to enter the City Lottery for Medical Marihuana Permits, be adopted; and finally that

that the City Commission establishes an annual registration fee for Medical Marihuana Permits at $5,000 annually, with the fee for amendments to permits to be based upon the cost of staff involved as determined by the City Clerk, as allowed by the State of Michigan; and that the fee be incorporated into the City's Directory of Charges.

MC/kg K: \ TCCLERK\City Commission\Ordinance Amendments\Medical marihuana _ enact_ 20181203 .docx

copy: Russell Soyring, Planning Director Jeff O'Brien, Police Chief Medical Marihuana Group

Memorandum The City of Traverse City

To:

CITY{ TRAVERSE CITY

Copy:


Lauren Trible-Laucht, City Attorney Benjamin Marentette, City Clerk

From: Tim Werner, City Commissioner

Date: November 28, 2018

Subject: Medical Marijuana Dispensaries

During the City Commission Study Session of November 12, 2018 there was discussion of the proposed 13 dispensary maximum. The spacing of 1000 feet between dispensaries was described as arbitrary, yet was used to determine the 13 dispensary maximum. Fellow City Commissioners asked me to propose a maximum, and that is what I have included below.

• Average number of customers per day at a regulated medical marijuana dispensary: 105

o Source: Marijuana Business Factbook 2017

• Average dispensary customer shops every 10 days

o Source: The Cannabis Industry Report: 2017 Legal Marijuana Outlook

• A dispensary open 30 days a month with 100 customers per day will have 3000 visits per month.

• A dispensary with customers visiting 3 times per month can provide for 1000 customers.

• 1/3 of a dispensary can provide medical marijuana to the 342 card holding residents of Traverse

City.

• 3 dispensaries can provide medical marijuana to the 3000 card holding residents of Grand

Traverse County.

o Source: MLIVE, using State of Michigan data

Based on the above, I recommend a maximum of 3 medical marijuana dispensaries be allowed in Traverse City.

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Memorandum The City of Traverse City Office of the City Clerk

To:

Copy:

From:

Date:

Subject:


Jeff O'Brien, Police Chief Russell Soyring, City Planning Director Jean Derenzy, Downtown Development Authority CEO

Lauren Trible-Laucht, City Attorney Benjamin Marentette, City Clerk

Monday, October 8, 2018

Medical Marihuana

cir, 'I TRAVERSE CITY

The City Commission appointed an ad hoc committee to propose permitting regulations for medical marihuana under the newly-enacted Michigan Medical Marihuana Facilities Licensing Act. The committee was chaired by Commissioner Brian McGillivary and Mayor Pro Tern Amy Shamroe and Commissioner Michele Howard also served on the committee. We both worked closely with the committee to assist it with this complex task. The committee met on four different occasions, with the meetings rather well-attended.

We have met with various staff to discuss this proposed ordinance, including refining with staff what their role would be in reviewing applications and monitoring for compliance. We also discussed the draft ordinance with Andrew Brisbo, Director for the Michigan Bureau for Medical Marihuana. Attached is the draft; the highlighted portions are established by Michigan Law; meaning, the City does not have discretion on the highlighted portions.

High-Level Overview:

Michigan law limits the maximum permit fee the city may charge is $5,000 annually. The City Clerk conducted an analysis of the regulatory activities and time required by staff. Based on the anticipated staff time involved, the City Clerk estimates that the minimum anticipated cost to the city is $5,471.67 - costs are higher with other license types. This is the case for both new and renewal applications. Therefore, the committee recommends a $5,000 annual fee for new and renewal applications for all 5 permit categories. The fee for amending a permit would be based on actual staff time involved.

There are five types of medical marihuana facilities allowed under Michigan law and the proposed ordinance - see the table on the following page .

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Type

Grower

Processor

Provisioning Center

Safety Compliance Facility

Secure Transporter

Definition

Cultivates, cures, trims, dries and packages marihuana for sale to a processor or provisioning center Purchases marihuana from a grower and extracts the resin to create a product for sale or transfer in packaged form to be provided to a provisioning center or another processor. Purchases marihuana from a grower or processor and sells or supplies marihuana to registered qualifying patients, either directly or through patient's registered primary caregiver.

Receives marihuana from a marihuana facility or registered primary caregiver. Tests for contaminants, etc; provides test results and may return marihuana to the facility Stores and transports marihuana between marihuana facilities

Where Allowed

Industrial District (Michigan law restricts Growers to this district)

Industrial District.

C-3, C-4, and H Districts.

Hospital and Industrial Districts.

Industrial Districts

Further info/restrictions No maximum. May not be within 1,000 feet from a school; must be in fully-enclosed, secure building. No maximum. May not operate between IO p.m. and 7 a.m. May not be within 1,000 feet from a school. Smell of marihuana shall not be detectable outside of building. Maximum of 13 across the city in allowed districts. Must be at least 1,000 feet from a school. Must be closed between IO p.m. and 7 a.m. Smell of marihuana shall not be detectable outside of building. No maximum. Smell of marihuana shall not be detectable outside of the building.

No maximum. Must be at least 1,000 feet from a school. Secured, unmarked vehicles must be used.

With respect to provisioning centers, the Planning Commission recommended having a 1,000 foot buffer between each provisioning center or collective. However, the committee is not recommending a buffer but rather a maximum of 13 allowed in the city.

There are essentially four steps to the application process: ( 1) Qualification of applicants. (2) For Provisioning Centers, qualified applicants are entered into a lottery drawing with all qualified applicants assigned a number in the order they were drawn. This establishes an

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Eligibility List. (Lottery and eligibility list only applies to provisioning centers because there is a maximum of 13 such permits; all other permit types do not have a maximum and therefore a lottery/eligibility list isn't needed). Only one application from each "true party of interest" (as defined by Michigan law, will be allowed, to prevent 'double dipping.' (3) Provisional Permits is issued. (Provisional Permit is void after six months if they haven't been issued a state operating license and/or if all other inspections and permits aren't obtained. May be granted another six months if they have a delay in obtaining state license or for good cause that isn't the fault of the applicant.) (4) Permit is issued by the City Clerk once state operating license and all other approvals are obtained.

All applications are submitted to the City Clerk's Office; all applications would be reviewed with and by the following departments: Municipal Utilities (water and wastewater), Planning, Fire, Light and Power and Police Department. The City Attorney's Office would be consulted as needed. The extensive amount of information about the applicants and proposed operation are fully-defined in the ordinance. Following an in-depth review by the City Clerk's Office, in consultation with the mentioned departments, the City Clerk would approve or deny permit applications. An annual renewal would be required and handled by the City Clerk's Office.

A permit may be revoked, terminated or suspended for reasons such as:

( 1) The permitted use hasn't commenced within 1 year of the date of issuance of the permit. (2) The permitted use ceases or discontinues for 90 days or more, including during a change

of ownership. (3) The operation was changed without receiving an amended permit from the City Clerk.

(Any changes to permits, including ownership, change in location, change in any information the applicant was required to provide, must be approved by the City before such change takes effect or is implemented.

( 4) The operation causes a public nuisance or negatively affects health, safety or welfare of surrounding property or residents.

Denials by the City Clerk can be appealed to the City Manager; the City Manager decides the appeal.

We hope this information is of assistance; please let us know if you have any questions .

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Memorandum

To: City Commission City Manager, Marty Colburn

Downtown Development Authority 303 E. State Street

Traverse City, Ml 49684 [email protected]

231-922-2050

From: Jean Derenzy,

Date:

Re: Medical Marihuana Ordinance

The Downtown Development Authority (ODA) appreciates the opportunity to comment on the Medical Marihuana Ordinance. As a component unit of the City, the DOA is committed to pursue excellence in an active, thriving and inclusive Downtown, the heart of the City .

Downtown Traverse City did not become who we are today without planning, actively promoting, strategically investing in infrastructure and working to bring vibrancy to our City. The ODA works to maintain a healthy, diverse mix of retail, dining and businesses and understands that vibrant downtowns are fragile ecosystems that must be proactively cultivated in order to be maintained.

Changing zoning within the DOA District is important for the ODA Board. With zoning changes, it can change the business ecosystem that has been actively pursued over the last 20 years (again not by chance but by thoughtful consideration on the approach).

The Downtown Development Authority at their October 19, 2018 meeting voted to oppose changing zoning to allow medical marihuana inside the DOA District. The reasoning was based on:

• Medical Marihuana is a new business/industry that can operate in the City and can be restricted from certain zoning areas in a City. The City has done this with other businesses - most recently mobile vending/food trucks, which are not allowed on main business corridors.

• The ODA has worked diligently within the current zoning regulations for the healthy diverse mix of retail, dining and business development. With significant public infrastructure invested .

•

•

•

City Commission November 26, 2018 Page2

• The DDA's recently adopted strategic plan identifies the need to protect first-floor retail to encourage more business development and curb further additions of alcohol-centric establishments. Allowing medical marihuana and other regulated businesses like it, in the heart of our City, will make it hard for us to achieve our mission.

• Complimenting businesses that assist the retail, restaurants and professional businesses is needed for protecting investments made and realizing what makes a Downtown healthy and inclusive.

• The ODA encourages entrepreneurial enterprise that is not reliant on state mandated requirements (liquor licenses, medical marijuana licenses).

• Downtown Traverse City is park once and walk enjoying the entire Downtown experience.

The Traverse City DOA Board's vision reflects the ideal future state of the downtown and how it will influence the City: "Traverse City is America's most inclusive, familyfriendly fresh water destination - featuring world class dining and shopping, a growing economy, entrepreneurial opportunity, and a/I-season recreation."

Thank you for your time and consideration of the DDA's position.

Pc: DDA Board

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Memorandum

To: City Commission



231-922-2050

From: City Manager, Ma·rt·· .Y Colb. urn . ,. t\Pi,I'. . . .

Jean Derenzy, cf~Tv7) ~ October 9, 2018 () -

Medical Marihuana Ordinance

Date:

Re:

Vibrant downtowns are fragile ecosystems, comprised of a diverse mix of retail, dining and business. Nurturing this tenant mix, and the visitors our downtown hosts is a high priority for the Traverse City DOA. It is not an accident or coincidence that our downtown has won every tourism and small-town award of note for the best places for families and people of all ages to enjoy. This recognition is because we are proactive, and thoughtful about the experience we cultivate within the boundaries of our DDA.

I firmly believe that our downtown is fragile. Bricks and mortar businesses are facing steep competition in today's retail climate. The ODA understands that decision making on use type in our city center can change the atmosphere and dynamics that our organization exist to protect and enhance. A decrease in open windows for window-shopping will mean fewer reasons for the public to be downtown. Every storefront that slips to a tenant with a limited clientele and access is detrimental to vibrancy of our downtown.

We must be proactive in nurturing and protecting this diverse climate to maintain a healthy, thriving area for our residents.

We want to discourage establishments with: • limited potential clientele • restricted hours • the inability to be open to the public .

Clty Commission November 26, 2018 Page2

• The DDA's recently adopted strategic plan identifies the need to protect first-floor retail to encourage more business development and curb further additions of alcohol-centric establishments. Allowing medical marihuana and other regulated businesses like it, in the heart of our City, will make it hard for us to achieve our mission.

• Complimenting businesses that assist the retail, restaurants and professional businesses is needed for protecting investments made and realizing what makes a Downtown healthy and inclusive.

• The ODA encourages entrepreneurial enterprise that is not reliant on state mandated requirements (liquor licenses, medical marijuana licenses).

• Downtown Traverse City is park once and walk enjoying the entire Downtown experience.

The Traverse City DOA Board's vision reflects the ideal future state of the downtown and how it will influence the City: "Traverse City is America's most inclusive, familyfriendly fresh water destination - featuring world class dining and shopping, a growing economy, entrepreneurial opportunity, and all-season recreation."

Thank you for your time and consideration of the DDA's position.

Pc: ODA Board

Memorandum

To: City Commission



231-922-2050

From:

City Manager, Marty Colburn r J.A.,-_ ' \ }

Jean Derenzy, ~ ' rf)..rtJ1117)

October 9, 2018 ( ) Date:

Re: Medical Marihuana Ordinance

Vibrant downtowns are fragile ecosystems, comprised of a diverse mix of retail, dining and business. Nurturing this tenant mix, and the visitors our downtown hosts is a high priority for the Traverse City DDA. It is not an accident or coincidence that our downtown has won every tourism and small-town award of note for the best places for families and people of all ages to enjoy. This recognition is because we are proactive, and thoughtful about the experience we cultivate within the boundaries of our DOA.

I firmly believe that our downtown is fragile. Bricks and mortar businesses are facing steep competition in today's retail climate. The DOA understands that decision making on use type in our city cent er can change the atmosphere and dynamics that our organization exist to protect and enhance. A decrease in open windows for window-shopping will mean fewer reasons for the publlc to be downtown. Every storefront that slips to a tenant with a limited clientele and access is detrimental to vibrancy of our downtown.

We must be proactive in nurturing and protecting this diverse climate to maintain a healthy,

t hriving area for our residents.

We want to discourage establishments with:

• limited potential clientele

• restricted hours • the inability to be open to the public.

MeJL.;I Marihvar.~ Ordtn~nce Octob~r 9, 2018/Page 2

Such businesses are detrimental to a downtown's perception of approachability and therefore have a negative impact on the health of retai l environment. These access restrictions result In a storefront that is a void for most of the people and families who will walk by. It is not an experience that we wish for our main downtown corridors.

For the main retail streets within our DOA district {Front, State, Union, Cass, Park and the Warehouse District) we wish to see businesses with:

• open access for everyone

• clear/large w indows that invite window shopping and human interaction • operations with potential to be open for a full day (9 to 9+}.

Medical Marijuana ls a new business/industry that can operate in the City and can be restricted from certain zoning areas in a City. We have done this with other businesses - most recently mobile vending/food trucks, which are not allowed on main business corridors.

I am opposed to allowing medical marihuana provisioning centers in the Downtown. The ODA's recently adopted strategic plan identifies the need to protect first-floor retail to encourage more business development and curb further additions of alcohol-centric establishments. Allowing medical marihuana, and other regulated businesses like it, in the heart of our community will make it hard for us to achieve our mission.

Traverse City is growing, and there are districts outside of the core DOA area that medical marihuana provisions centers can be located.

On behalf of the DOA, I ask that you prohibit medical marihuana (and marihuana related businesses) within the ODA Boundaries. This will complement our efforts to create a downtown that is inclusive, walkable, and that has an open-for-business atmosphere.

Complimenting businesses that assist the retail, restaurants and professional businesses is needed for protecting that investments made and realizing what makes a Downtown healthy, and inclusive.

Thank you for your time and consideration.

•.,

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10/4/18 Qraft witlrn~t 1000 feet rel!jljireffieAt UAderliAea Rew Mig"11igMea 13arallels statljte aAa/ state n1les

. TITLE:

TRAVERSE CITY CODE OF ORDINANCES ORDINANCE AMENDMENT NO.

Effective Date:

MEDICAL MARJHUANA LJCEN£INGPERM ITTING REGULATIONS

THE CITY OF TRAVERSE CITY ORDAfNS:

That Chapter 845, Medical Marihuana Licensing Regulations, be enacted in its entirety to read as follows:

Sec. 845.01 . Findings and Purpose. (a) The purpose of this ordinance is, pursuant to the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., to: authorize the establishment of certain types of medical marihuana facilities in the City of Traverse City; provide for standards and procedures for the review, issuance, renewal, or revocation of permits for such facilities; and establish fees for such permits.

(b) Nothing in this ordinance, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for the growing, sale, consumption, use, distribution or possession of marihuana in any form or manner that is not in compliance with the Michigan Medical Marihuana Act, MCL 333.26421 et seq., the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et s eq., the Marihuana Tracking Act, MCL 333.2790Iet seq., and all other applicable rules promulgated by the state of Michigan.

(c) Because federal law is not affected by state law or rules, nothing in this ordinance, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall any provision of this ordinance or this Code, be construed as granting immunity from criminal prosecution under federal Jaw. The Michigan Medical Marihuana Act, MCL 333 .26421 et seq., the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., the Marihuana Tracking Act, MCL 333.27901 et seq., and all other applicable rules promulgated by the state of Michigan do not protect patients, users, care givers, licensees, or the owners or occupants of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.

(d) The City intends to issue permits for and to regulate marihuana facilities to the extent they are pennitted under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. The City does not intend that permitting and regulation under this ordinance be construed as a finding that such facilities comply with any law. By requiring a City permit and compliance with the requirements of this chapter, the City intends to protect the public health, safety and welfare by: promoting the safe, regulated manufacturing, production, and sale by state-licensed facilities of medical marihuana, and to ensure the safe access to medical marihuana to the City's patients; discouraging the sale of unsafe and unlicensed medical marihuana products; preserving

1 BMarentette 10/4/18 Draft without 1000 foot requirement Highlighted = parallels statute and/ state rules

[ Formatted: Centered

[ Formatted: Font: Not Bold

{ Formatted: Font: Not Bold

lQ/q/18 e>rak wittieijt lOOQ teat reeiijireffieRt URaerliRee Rew Higtlligtitee p;uallels statijte aRe/ state n1les

and protecting the health, safety and welfare of the residents of the City and the general public by minimizing unsafe and unregulated medical marihuana production and sale; and establishing standards and procedures by which the siting, operation, and maintaining ofa Medical Marihuana Facility shall be governed.

(e) This ordinance is to be construed to protect the public over medical marihuana facility interests. The operation of a licensed medical marihuana facility is a revocable privilege and not a right in the City. Nothing in this ordinance is to be construed to grant a property right for an individual or business entity to engage, obtain, or have renewed, a City-issued permit to engage in the use, distribution, cultivation, production, possession, transportation or sale of medical marihuana as a commercial enterprise in the City.

Sec. 845.02. ._ Indemnification of City (a) By accepting a permit issued pursuant to this ordinance, the holder waives and releases the City, its officers, elected officials, and employees from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of medical marihuana facility owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.

(b) By accepting a permit issued pursuant to this ordinance, the holder agrees lo indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising on account of any claim of diminution of property value by a property owner whose property is located in proximity to a licensed operating facility, arising out of, claimed to have arisen out of, or in any manner connected with the operation of a medical marihuana facility or any claim based on an alleged injury to business or property by reason of a claimed violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §1964(c).

Sec. 845.03 . Reservation of Legislative Prerogative (a) The City Commission reserves the right to amend or repeal this ordinance in any manner, including, but not limited to the complete elimination of any type or number of medical marihuana facilities authorized to operate in the City.

(b) Nothing in this ordinance may be held or construed to grant or "grandfather" any medical marihuana facility a vested right, license, permit or privilege to continued operations within the City.

(c) Nothing in this ordinance may be held or construed to authorize recreational use of marihuana in the City. In the event the state of Michigan adopts regulations permitting recreational marihuana in the future, permits issued pursuant to this ordinance shall not be construed to authorize such use.

BMarentette 10/4/18 Draft without 1000 foot requirement Highlighted = parallels statute and/ state rules

2

lQ/4/18 b'lraft witReHt lOOQ faet rei;i11ireFReAt UAaerliAea - Rew

1-iigRlightea Jlarallels statl!te a Ra/ state rHles

~ec. 845.04 • Definitions~

As used in this article, the following terms shall have the meanings indicated:

(a) "Act" means the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., as amended.

(b) "Board" means the medical marihuana licensing board created in section 301 of the Act.

( c) "Building" means a combination of materials forming a structure affording a facility or shelter for use or occupancy by individuals or property. Building includes a part or parts of the building and all equipment of the huilding. A building shall not be construed to mean a building incidental to the use for agricultural purposes of the land on which the building is located, or a greenhouse.

(d) "Duplicative application" means more than one application for a provisioning center facility submitted by or on behalf of the same person. For purposes of this ordinance, an application shall be deemed duplicative if the true parties of interest for more than one application overlaps.

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

(f) "LARA" means the Michigan Department of Licensing and Regulatory Affairs.

(g) "Licensee" means a person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.

(h) "Marihuana" means that term as defined in section 7106 of the public health code. 1978 PA 368, MCL 333.7106.

(i) "Marihuana facility" means a location at which a licensee and permittee is licensed and permitted to operate as a grower, processor, provisioning center, safety compliance facility, or secure transporter under the Act and this ord inance.

(j) "Marihuana plant" means any plant of the species Cannabis saliva L.

(k) "Marihuana product" means marihuana or marihuana-infused product, or both, as those terms are defined in the Act unless otherwise provided for in the rules and this article.

(I) "Pennittee" means a person who has been issued a medical marihuana facilities permit pursuant to this ordinance.

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(m) "Person" means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity, as well as those persons defined a~ "true party of interest".

(n) '·Prequalified" means the applicant has submitted all information to LARA required by Rule 5 and LARA has detennined the applicant is approved for pre-qualification status. Proof of such detennination by LARA shall be provided by the applicant to the City.

jo): 'ProcessQr"in~~n$ a licensee and pennitteJ,.that is a commercials:ntity located in this stat~ 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 forn1 to a provisioning center or another processor.,

(ep.) "Proposed marihuana facility" means a location at which an applicant plans to operate under the Act, rules, and this ordinance if the applicant is issued a state license, and a pennit under this ordinance.

(9,P) " Provisioning center" means a licensee and pennittee that is a commercial entity located in this city that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the Michigan Department of Licensing and Regulatory Affairs' (LARA) marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this ordinance.

(r.tt) "Qualified applicant" means an applicant whose application has not been denied as provided in Seetion of this OFdinaneethis Chapter,. (jl. IQ of dFaft oFdinanee) and the zoning provisions of this code except foF the minimurn. 513aeing retjHiFernents from anetheF rrnflesed med ieal maFihttana faeility and has been approved by the City Clerk to participate in the lottery.

(~ ) "Rules'' mean the emergency and general rules of the Michigan Department of Licensing and Regulatory Affairs adopted pursuant to the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. , and the Marihuana Tracking Act, MCL 333.27901 et seq., as may be amended from time to time.

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

(l!J) "Secure transporter" means a licensee and pem1ittee that is a commercial entity located in this city that stores marihuana and transports marihuana between marihuana facilities for a fee.

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(tty.) "Stacked license" means more than one state operating license issued to a single licensee to operate as a grower of class C (1,500 plants) as specified in each license at a marihuana facility.

(F.-Y) ·'State operating license'· or --license" means a license that is issued pursuant to the Act that allows the licensee to operate as 1 of the following, specified in the license:

(i) A grower. (ii) A processor. (iii) A secure transporter. (iv) A provisioning center. (v) A safety compliance facility.

(15.w) "Stutewide monitoring system" or, Wlless the context requires a different meaning, "system" means an internet-based, statewide database established, implemented, and maintained by the department under the marihuana tracking act, that is available to licensees, law enforcement agencies, and authorized state departments and agencies on a 24-hour basis for all of the following:

(i) verifying registry identification cards. (ii)Tracking marihuana transfer and transportation by licensees, including transferee, date, quantity, and price. (iii) Verifying in commercially reasonable time that a transfer will not exceed the limit that the patient or caregiver is authorized to receive under section 4 of the Michigan Medical Marihuana Act.

(Y}t) ·'Tracking Act" means the Marihuana Tracking Act, MCL 333.27901et seq.

{zy) "True party of interest" means the following: { 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 a privately held corporation: all corporate officers or persons with equivalent titles and their spouses and all stockholders and their spouses. ( 4) For a publicly 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.

"True party of interest" does not mean:


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(1) 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. (2) A person who receives a bonus as an employee if the employee is on a fixed \\ age or salary and the bonus is not more than 25% of the employee's pre-bonus annua\ compensation or if the bonus is based on a written incentive/bonus program that is not out of the ordinary for the services rendered.

(l!l!P) Unless the context requires a different meaning, any term used in this article that is defined by the Michigan Medical Marihuana Act, MCL 333.26421 et seq. shall have the definition given in that act.

~ ) Unless the context requires a different meaning, any term used in this article that is defined by the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., shall have the definition given in that act.

.(~ ) Unless the context requires a different meaning, any term used in this article that is defined by the Marihuana Tracking Act, MCL 333.27901 et seq. shall have the definition given in that act,

Sec. 845.05 . Number of Permitted_-Facilities.

The maximum number of each type of medical marihuana facilities permitted in the City is as follows:

Type ofFacility

Grower Processor Secure Transporter Provisioning Center Safety Compliance Facility

Number

no limit no limit no limit R€Hiflti.tth irtcen ( 13) no limit

Sec. 845.0 . Permit required. (a) No person shall own or operate a marihuana facility in the City without holding a valid Medical Marihuana Facilities Permit from the City Clerk and a state operating license.

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1G/V18 Qrai't witRe~t iggg feet reei~ireffieAt UAElerliAea Rew HigRligRtea 13arallels stat~te aREl/ state niles (b) No person or entity that was open or operating any facility purporting to produce, manufacture, test, transfer or transport medical marihuana or marihuana prior to the adoption of this ordinance by the City Commission shall be considered a lawful use or lawful nonconforming use.

{c) The permit requirement in this ordinance shall be in addition to any other requirements imposed by any other state or local law, including but not limited to state or local laws applicable to commercial entities performing functions similar to the functions performed by medical marihuana facilities.

(d) This ordinance does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.

{e) A permit issued under this ordinance is valid only for the location of the facility and type of facility that is listed on the permit application and is valid only for the operation of the facility at that location by the permit applicant, provided the facility remains in compliance with all of the requirements of this ordinance.

{f) The revocation, suspension, and placement of restrictions by the state on a state operating license shall apply equally to a permit issued by the City.

(g) Acceptance of a permit from the City under this ordinance constitutes consent by the permittee, owners, managers and employees to permit the City Manager or designee to conduct inspections of the facility to ensure compliance with this ordinance.

Sec. 845.07 . Application for permit. (a) Permit applications for medical marihuana facilities shall be received by the City Clerk annually during a period specifically designated by the City Clerk for that purpose, and at no other time. The City Clerk will initially begin receiving permit applications for marihuana facilities on a date determined by the City Clerk as soon after the effective date of this section as the City Clerk deems practicable.

(b) Except as provided in this section, the City Clerk shall be responsible for establishing the procedure for receiving, reviewing and processing permits, establishing the beginning and ending dates during which permits will initially be received, establishing the beginning and ending dates during which permits may be received each year, and providing public notice regarding the permitting process and of the time period within which the City will receive permit applications.

(c) Any person desiring to secure a permit shall make application to the City Clerk upon a form provided by the City Clerk. All permit applicants must be prequalified for a medical marihuana facilities license by the Michigan Department of Licensing and Regulatory Affairs (LARA) before submitting an application. A copy of all applications received shall be distributed by the


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City Clerk to any other necessary City departments for review to determine that the application is complete. If an application is incomplete or missing information the City Clerk shall notify the applicant of the incomplete or missing information in writing by mail or electronic mail sent to the address provided by the applicant in the application or notification. The applicant shall have ten (10) business days of the date of mailing of the written notice to provide the incomplete or missing information to the City Clerk.

( d) Information requested in the application shall be provided for each True Party of Interest in the application; any other person who controls, directly or indirectly, the applicant; any other person who is controlled, directly or indirectly, by the applicant; and each stockholder or other person having a l % or greater beneficial interest in the proposed marihuana facility. The application for a permit shall include at a minimum the information and documentation listed below under oath:

(1) The name, business address, business telephone number, social security number, and, if applicable, federal tax identification number of the applicant.

(2) All residential addresses of the applicant for the past 3 years.

(3) The business, occupation or employment of the applicant for 5 years immediately preceding the date of application.

( 4) A copy of the application submitted to LARA for prequalification and documentation evidencing that the applicant has been prequalified for a medical marihuana facilities license by LARA.

(5) Whether the applicant has been indicted for, charged with, arrested for, convicted of, pied guilty or nolo contendere to, or forfeited bail concerning, a felony under the laws of this state, any other state, or the United States, or a controlled substance-related felony, within the past ten (I 0) years preceding the date of the application.

(6) Whether the applicant has been indicted for, charged with, arrested for, convicted of, pied guilty or nolo contendere to, or forfeited bail concerning, 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 within the past five (5) years.

(7) Whether the applicant has previously violated this ordinance or a substantially s imilar ordinance in another municipality preceding the date of the application.

(8) A comprehensive operating plan for the rnarihuana facility for which the application is being submitted that includes all of the information required for the Marihuana


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Facilities Plan to be submitted in connection with a state license pursuant to the rules, the .. . ··· ~

a) A description of the type of marihuana facil ity applied for. b) A security plan for the marihuana facility that addresses all required security measures of the rules and addresses at a minimum the ability to meet the security measures of the rules. The security plan must contain the specific details of each piece of security equipment to be utilized by the marihuana facility and comply with the provisions of this ordinance, as well as any other applicable provisions of the rules adopted by LARA. c) An HVAC plan for the marihuana facility describing in detail among other things the equipment or systems that will be used to prevent any odor of marihuana from leaving the premises. d) A staffing plan that addresses the number of persons estimated to be employed at the facility, and employee hiring, and an employee training manual that includes, but is not limited to, employee safety procedures, employee guidelines, security protocol, and educational training, including, but not limited to, where appropriate, marihuana product information, dosage and daily limits, or educational materials. (e) A marketing plan that at a minimum:

i. details how the marihuana facility will comply with all municipal ordinances and state law regulating signs and advertising; ii. provides that marihuana products must be marketed or advertised as "medical marihuana" for use only by registered qualifying patients or registered primary caregivers; iii. provides that marihuana products must not be marketed or advertised to minors aged 17 years or younger.

(t) An inventory and record keeping plan. (g) A scaled conceptual site plan. (h) Written policies and procedures to timely address any concerns or complaints expressed by residents and businesses within the neighborhood surrounding the proposed location of the medical rnarihuana facility. (i) For growers, the operational plan shall also include a cultivation plan that includes but is not limited to:

i. the cultivation process or processes that will be used including a description of the grow medium, the equipment, and the fertilizer, herbicides and any other chemicals to be used; ii. the estimated electrical and water usage and a statement of the projected daily average and peak electrical load anticipated to be used by the marihuana facility, a certification from a licensed electrician that the premises are equipped to safely accept and utilize the required or anticipated electric load for the facility, and a certification from the electrical utility supplying electricity to the facility that the anticipated electrical loads required for the facility will not exceed the capacity of the electrical supply system;

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iii. a waste water plan that details how wastewater generated during the cultivation ofmarihuana shall be disposed ofin compliance with applicable state and local laws and regulations; iv. a plant waste disposal plan that at a minimum:

(a) details how marihuana product waste will be destroyed, or rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. Disposal by on-site burning or via the sewer system is prohibited; (b) provides that all waste that is hazardous waste shall be disposed of pursuant to MCL 324. 11101 to 324.90106; (c) provides that marihuana product waste shall be disposed ofin a secured waste receptacle using 1 or more of the following:

I) a manned and pennitted solid waste landfill; 2) a manned compostable materials operation or facility; 3) an in-vessel digester; and 4) provides disposal will be in a manner in compliance with applicable state and local laws and regulations.

v. a mold, mildew and pest prevention plan; vi. an air quality plan addressing monitoring, clearance, temperature and humidity control, Co2, ozone, fumigation, and odor mitigation; vii. a pesticide and chemical safety plan which shall include a detailed description of all toxic, hazardous, or flammable materials, chemicals and pesticides, that will be kept or used at the marihuana facility, and a detailed plan describing where and how such materials, chemicals and pesticides will be stored in the marihuana facility, and the means of disposing of unused toxic or flammable materials, chemicals, and pesticides.

(j) For a provisioning center, the operational plan shall also include: i. a detailed description of the products and services to be provided; ii. a plant waste disposal plan that at a minimum:

(a) details how marihuana product waste will be destroyed, or rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. Disposal by on-site burning or via the sewer system is prohibited; (b) provides that all waste that is hazardous waste shall be disposed of pursuant to MCL 324.11101 to 324.90106; ( c) provides that marihuana product waste shall be disposed of in a secured waste receptacle using I or more of the following:

I) a manned and permitted solid waste landfill; 2) a manned compostable materials operation or facility; 3) an in-vessel digester; and 4) provides disposal will be in a manner in compliance with applicable state and local laws and regulations.

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(k) For a processor, the operational plan shaJI also include: i. a detailed description of the products to be produced; ii. a waste water plan that details how wastewater generated during the processing ofmarihuana products shall be disposed ofin compliance with applicable state and local laws and regulation; iii. a plant waste disposal plan that at a minimum:

(a) details how marihuana product waste will be destroyed, or rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. Disposal by on-site burning or via the sewer system is prohibited; (b) provides that all waste that is hazardous waste shall be disposed of pursuant to MCL 324.11101 to 324.90106; ( c) provides that marihuana product waste shall be disposed of in a secured waste receptacle using 1 or more of the following:

I) a manned and permitted solid waste landfill; 2) a manned compostable materials operation or facility; 3) an in-vessel digester; and 4) provides disposal will be in a manner in compliance with applicable state and local laws and regulations.

(9) The address of the proposed marihuana facility to be operated by the applicant.

(I 0) Proof that the applicant has or will have lawful possession of the premises proposed for the marihuana facility for the period during which the permit will be issued, which proof may consist of: a deed, a lease, a real estate contract contingent upon successful licensing, or letter of intent by the owner of the premises indicating an intent to lease the premises to the applicant contingent upon the applicant successfully obtaining a state operating license and local permit.

(11) Whether the applicant holds an elective office ofa governmental unit of this state, another state, or the federal government; is a member of or employed by a regulatory body of a governmental unit in this state, another state or the federal government; or is employ~d by a governmental unit of this state.

( 12) The mailing address and electronic address at which the applicant desires to receive notification under this ordinance, and phone numbers at which the applicant desires to be contacted.

(13) Whether the applicant has ever applied for or has been granted any commercial license or certificate issued by LARA or any other jurisdiction concerning medical rnarihuana or marihuana that has been denied, reslricted, 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.

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(14 )Whether the applicant has an interest in any other application for a permit or approved pennit under this ordinance at the time of application.

(IS) Whether the applicant has an interest in any other marihuana facility under the Act, and if so the type of facility, name, and location of the facility the applicant has an interest in.

( 16) A smtement that the applicant will not violate any of the laws of the State of Michigan or the ordinances of the City of Traverse City in conducting the business in which the permit will be used, and that a violation on the premises may be cause for nonrenewal of a permit issued under this section, or for revocation of the pennit.

( 17) A statement that the applicant understands that the issuance of a permit under this section is not intended to grant, nor shall be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana in any form or manner that is not in compliance with the Michigan Medical Marihuana Act, MCL 333.26421 et seq., the Medical Marihuana Facilities Licensing Act, MCL 333.27101 el seq., the Marihuana Tracking Act, MCL 333.27901 et seq., and all other applicable rules promulgated by the state of Michigan, or from criminal prosecution or the seizure of property by federal authorities under the Federal Controlled Substances Act.

( 18) A statement that the applicant understands and agrees to be bound by the indemnifica tion provision of this Ordinance.

( 19) A statement by the applicant indicating acceptance of a permit from the City under this ordinance constitutes consent by the pennittee, owners, managers and employees to permit the City Manager or designec to conduct inspections of the facility to ensure compliance with this ordinance.

(20) A statement by the applicant indicating that all true parties in interest consent to criminal history investigations performed by the City Police Department.

(21) All marihuana facilities licensed and pennitted to operate in the City shall at all times maintain in full force and effect insurance in amounts and coverage type required by the City Clerk. Applicants shall provide evidence of such insurance in the form of a certificate of insurance evidencing the existence of a valid and effective policy, or, evidence that the applicant is able to obtain such insurance and state the limits of each policy, the name of the insurer, the effective date and expiration date of each policy, policy number if known, and the names of additional insured which shall include the City of Traverse City, its officials, and employees.

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(22) Whether the 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 dispute over the filings concerning the payment of any tax required under federal , state, or local law, including the amount of any tax, taxing agency and time_periods involved.

(23) Applicants have a continuing duty to provide the City with up-to-date information and shall notify the City Clerk in writing of any changes to its mailing address, phone numbers, electronic mail address or other contact information and changes to any other information the applicant has provided to the City as a part of the permit application within ten (10) days of any such change occurring.

(24) The City Clerk may from time to time establish other qualifications for the application and permit which shall be provided in writing to prospective applicants with the application fom1.

Sec. 845.08 . Acceptance or Denial of application. (a) Applications received may be denied by the City Clerk if the applicant, upon written notice, fails to provide missing or incomplete information within the time specified in this section. The City Clerk may deny an application for any of the following reasons:

(I) The applicant has not been prequalified for a rnarihuana facility state license by LARA.

(2) The applicant did not pay the required application fee at the time of submission of the application.

(3) The applicant has not provided satisfactory proof that the applicant has or will have lawful possession of the premises proposed for the location of the marihuana facility for the period during which the permit will be issued.

(4) The applicant' s proposed location does not comply with the zoning of this code. +hat a prupesed fat:ility is loeatee less thaA the mininrnm s11aeing retj t:1 ired e~· the ;:oniAg eede from aAether f1 FOf10Sed facility hovi'eYer. will net aleAe he greuAes fer deAial e f an a1311lieati0A.

(5) The applicant has not satisfactorily complied with all of the pennit requirements in Se£ti0A (i .e . the abe,·e .. AJlplieatioA·· seetieA) efthis seetieAthis Chapter.

(6) The applicant is subject to a commercial license or certificate issued by a li censing authority in Michigan or any other jurisdiction concerning medical marihuana or marihuana that has been suspended or revoked.

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(7) The City determines that the applicant has submitted an application containing false, misleading, or fraudulent information, or who has intentionally omitted pertinent information on the application for a medical marihuana facilities permit.

(8) The applicant is delinquent in the payment of any taxes, fees or other charges owed to or collected by the City.

(9) The comprehensive operating plan submitted by the applicant with the application does not comply with the requirements for a marihuana facilities plan as required by the rules, the requirements of this ordinance, or the Act.

{ I 0) It is a duplicative application.

( 11) Notice of denial of an application shall be sent to the applicant in writing by mail or electronic mail to the last known address of the applicant on file with the City. If a permit is denied by the City Clerk, the applicant may appeal to the City Manager and provide any additional evidence to rebut the basis of the denial within 21 days from the date of the denial. The City Manager shall determine within 21 days whether or not the grounds for denial are true. If the City Manager determines that such grounds are supported by a preponderance of the evidence, the action of the City Clerk shall be sustained. The City Manager' s decision may be reviewed by a court of competent j urisdiction.

(b) All applications fo r provisioning centers .(if the AEI Hee tleeiaes this) that are not denied as provided in subsection (a) above, and comply with all of the requirements fo r an application in this ordinance and the zoning provisions of this code ei,eef!I fo r the mini1m11n sraeing reEf11ireme111s fr0H1 aA0ther f!F0fl0Sea meaieal rnarilll:laAa faeil ity shall be accepted by the City Clerk and shall be known as "Qualified Applicants." All Qualified Applicants will be entered in a lottery as provided in seetieH this Chapter to determine which of those applications will be accepted and issued a provisional pennit. The first lo ttery held pursuant to this ordinance shall take place on,M,ty I, 2Q l 9a date dctennined by the City Commission by resolution .

Sec. 845.09---. Provisional permit. (a) Provisional permits will be issued by the City Clerk to Qualified Applicants whose applications are accepted as provided in this section. (b) The City Clerk, in connection with the initial permit application period, shall issue provisional permits to Qualified Applicants whose application has been accepted as follows:

(l) All Qualified Applicants shall be entered in a lottery to determine which applicants will receive a provisional permit.


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(2) The name of each Qualified Applicant shall be drawn individually by the City Clerk in sequence, with each Qualified Applicant being assigned a number corresponding to the order in which their name was drawn.

(3) The lottery will continue until the names of all Qualified Applicants are drawn and assigned a number, which shall create an Eligibility List to be maintained by the City Clerk.

(4) Provisional pcm1its will be issued in order of the Eligibility List starting with the first Qualified Applicant on the list.

(4) The loeation of the medical marih1a1ana tacilit)' rrer osed by the Q1a1alified ArrlicaRt whose name. is drawn first iR the lottel)' shall then be re~·iewed to deteRttine whetlier the loeetioR of the Of!f!lication will comply with the Sf)aeing reqHirernents of the ZoRing OrdinaRee, if OflJ9 licable.

(5) lftl!e pFeflOSed foeility will comply with the spaeiHg reqt1ire1neRts of the ZoRing On:linance. if any. the Qualified Ap13licant shall be iss1c1ed a flFElvisienal 13emi it.

(e) If the flFO flOsed faeili~· will Rot eOIHfllY with the spaeiRg reqBirements of the Zoning Ordinance the flF0visienal permit sl!all ee denied.

(7) The leeation of the facil ity pro13osee:l 131• each of tho otl!er Qual ified A13flliCants shall then be evahiated to aetemiiRe COfflj'!liaRee with any a1313Heable spaciRg reE111ire1nents of the Zoning Ordinanee in the order l'lfthe eligibility List 1111a '.;hall be i:,sued a flFOviGional rennit if the leeation will eo1l!ply with the !,f!aeing reqt1irements of the ZoRing Ordinance with res13eet to an)' protJm,ed faeili ty for whieh it hes been e:letemiinee:l a provisienal rennit will be is:,11ed.

(8) All lottery drawings shall be conducted publicly with all entrants in the lottery advised in advance of the date, time and location of the lottery.

(9) The Eligibility List shall remain valid until a new lottery. In the event a provisional permit becomes available, it shall be approved by offering it to the next Qual ified Applicant in order oftt5ttlg the Eligibility List in the same manner fll\Wided in this ~ - If a Qualified Applicant declines a provisional permit when one becomes available or if their provisional permit lapses they shall be removed from the Eligibility List.

(c) A provisional permit does not authorize the applicant to operate a medical marihuana facility without first obtaining a state operating license for the facility, and obtaining all other permits, inspections, and approvals required by this ordinance and all other applicable provisions of this code. Upon issuance of a provisional permit the City Clerk is authorized to execute an affirmation to accompany an application for a facilities license that discloses that the City has


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HigRligRteel - parallels stat1,1te aRel/ state mies adopted an ordinance under section 205 of the act, the limitations on the number and type of each facility if any imposed by the ordinance, a description of the City zoning regulations that apply, and any other information that may be required by the act or the rules for such an attestation.

(d) A provisional permit will lapse and be void 6 months from the date it has been issued if a state operating license, or all inspections and other permits and approvals required by City ordinance are not obtained, or if an applicant is denied a state operating license. The City Clerk shall notify LARA of all persons whose provisional permit has lapsed or become void. A provisional permit may be extended upon a showing of good cause, such as a delay in obtaining a state license, or other good cause that is not the fault of the applicant, for an additional period not to exceed 6 months.

(e) A provisional permittee has a continuing duty to provide the City with up-to-date information including contact information or changes to any other information it has submitted with its permit application and shall notify the City Clerk in writing of any changes to its mailing address, phone numbers, electronic mail address or other information the provisional permittee provides to the City. . Sec. 845.1 . Termination, revocation, suspension, or restriction of provisional permit. (a) A provisional pem1it may be terminated, revoked, suspended or restricted by the City Clerk in writing for any of the following reasons:

(I) The provisional permittee is denied a state operating license; (2) The marihuana facility is substantially different from the comprehensive operating plan, marihuana facility plan, conceptual plan or other representations contained in the application; (3) Officers of the city are unable to access the proposed facility for permit inspections or are denied access by the provisional permittee; ( 4) The provisional permittee fails, refuses, or becomes unable to obtain site plan approval and certificate of occupancy. (5) Noncompliance with the Act, rules, or this ordinance.

(b) If a provisional permit is terminated, revoked, suspended or restricted, the City Clerk or his or her designee will notify in writing by mail or electronic mail hoth the permit holder, at the last known address on file with the city for notification of the applicant, and the Michigan Department of Licensing and Regulatory Affairs of the termination, revocation, suspension, or restriction of the permit and the reasons therefore in writing.

,(c) The holder of a provisional permit under this article that is terminated, revoked, suspended or restricted may appeal the tennination, revocation, suspension or restriction to the City Manager as provided in this Chapter,

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Sec. 845.11 . Medical marihuana facilities permit. (a) Medical marihuana facilities permits wiJI be issued by the City Clerk. In order to be issued a marihuana facilities permit an applicant who holds a valid provisional permit shall:

(1) submit proof to the City Clerk it has been issued a State Operating License; (2) successfully complete the inspection required by subsection (c) of this section; (3) submit proof to the City Clerk of obtaining all permits and approvals required by all applicable ordinances of the City including but not limited to an approved site plan; and (4) proof of insurance required by this section in the form ofa certificate of insurance evidencing the existence of a valid and effective policy, stating the limits of each policy, the name of the insurer, the effective date and expiration date of each policy, policy number, and the names of additional insureds which shall include the city of Traverse City, its officials, and employees. An applicant who holds a provisional permit for a secure transporter permit shall additionally show proof of auto insurance, vehicle registration and registration as a commercial motor vehicle as applicable for any transporting vehicles used to transport marihuana product in order to be issued a marihuana facilities permit by the City Clerk.

(b) The site plan required for issuance of a marihuana facilities permit shall be consistent with the requirements the Zoning Ordinance.

(c) Before issuance ofa marihuana facilities permit the City shall conduct an inspection of the proposed marihuana facility to verify that the premises of facility are constructed and can be operated in accordance with the application submitted, the approved s ite plan, the requirements of this code and any other applicable law, rule, or regulation. No marihuana facilities permit may be issued and no marihuana facility may conduct any business or operations until the inspection is completed and it is detennincd that the premises of facility are constructed and can be operated in accordance with the application, marihuana facilities plan, and comprehensive operating plan submitted with the application as well as the approved site plan, and the facility is in compliance with the requirements of this code and any other applicable law, rule, or regulation.

(d) The marihuana facilities permit shall be issued only in the name of the true party of interest.

(e) A marihuana facilities permit issued under this section is a revocable privilege granted by the City and is not a property right. Granting the permit does not create or vest any right, title, franchise or other property interest.

(f) Each permit is exclusive to the person who is issued the permit and that person must apply for and receive approval of the City Clerk pursuant to seetieA (i .e. seetieA FegaFSiAg ameA81aeAts te tfle pennit) ef this seetieAthis Chapter before a permit is transferred, sold, or purchased or otherwise amended.

(g) The marihuana facilities permit and state operating license shall be displayed in a conspicuous public place in the business establishment.


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l-ligRligl'ltee 13arallels stat~te aRa/ state mies (h) Acceptance of a marihuana facilities permit under this section shall constitute permission to the City Manager or his or her designee, within the authority granted him or her by this code under which such permit was granted, to enter upon and inspect the premises of the marihuana facility at all reasonable times.

(i) A permittee has a continuing duty to provide the City with up-to-date information including contact infomrntion or changes to any other information it has submitted with its permit application and shall notify the City Clerk in writing of any changes to its mailing address, phone numbers, electronic mail address or other information the permittee provides to the City .

f,ec. 845 .12 . Renewals and Amendments of Existing Permits\

.(a) Renewal or amendment of existing permits .• .( 1) Applications of renewal or amendment of existing permits shall be reviewed and granted or denied before applications for new permits are considered,

.(2) The same application procedures, including the non-refundable fee, that apply to the submittal of a new permit application shall apply to renewal or amendment of existing permits,

.(3) An application for renewal of an existing permit shall be submitted no sooner than 90 days before the existing permit expires and no later than 30 days before the existing permit expires,

.(b) Amended Applications .• .( I) An amended application shall be submitted under either or both of the following circumstances~

.(A) when there is a change in any information the permit applicant was required to provide in the most recent application on file with the City, including but not limited to change in location or any change of ownership; and/or. .(B) when there is a change in any information the permit applicant was required to provide in the most recent application for a state operating license on file with the state of Michigan, including but not limited to change in location or any change of ownership,

,(2) An application to amend an existing permit to change any information on the most recent application on file with the City shall follow the procedure listed in Seetieft ------ (application seetion).this Chapter .•

• (3) Applications of renewal or amendment of existing permits shall be reviewed and granted or denied before applications for new permits arc considered\

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10jq/1g Qraft wiH10ut lOOQ feet reEluireFReAt UAElerliAeEI Rew Higlilig!Hea - 13arallels statute aAEI/ state rl!les .(c) It shall be unlawful for any person to make changes or allow any changes to be made in the operation of the medical marihuana facility as represented in the permit application without first obtaining an amended permit from the City Clerk, (d) A marihuana facilities pcm1it shall ron concurrent with the state operating license issued for the facility and shall be renewed annually unless revoked as provided by law. (e)Renewal of permits issued in connection with class C grower stacked licenses will require only a single application form for the original class C grower permit and all stacked license permits issued to the applicant. The renewal application shall indicate that the application is for the renewal of permits issued in connection with class C grower stacked licenses and the permit or permits the applicant is seeking to renew. (f) Notice of denial of a renewal application shall be sent to the applicant in writing by mail or electronic mail to the last known address of the applicant on file with the city for notification of the applicant. An applicant whose renewal application is denied may appeal denial to the City Manager as provided in this Chapter. (g) The City Clerk shall inform in writing by mail or electronic mail the Michigan Department of Licensing and Regulatory Affairs of all perrnittees whose permit is renewed and if a permittee fails to renew a ~pennit, or the permittee's renewal application is denied. (h) A medical marihuana facility shall not be in violation of the spacing requirements in the zoning code in the event a school was located less than the minimum spacing distance from the medical marihuana facility at any time after a permit under this article and a state license to operate the facility were issued.

Sec. 845.13 . Revocation, termination or suspension of permit. (a) Any marihuana facilities permit shall automatically terminate and become void if the state license fo r the permitted use is revoked, terminates or becomes void.

(b) Any marihuana facilities permit may be revoked or suspended by the City Clerk upon the occurrence of any of the following:

(I) Operation of the pem1itted use is not commenced within I year of the date of issuance of the marihuana facilities permit. (2) lfthe permitted use ceases or is discontinued for 90 days or more including during a change of ownership of the marihuana facility. (3) Any change has occurred for which an amendment to the permit is required, without the permittee having obtained an amendment to the permit pursuant to this ordinance. (4) Any noncompliance with any of the provisions of this code of ordinances, the Act, the Tracking Act, and the rules. A medical marihuana facility shall not be in violation of the spacing requirements of the zoning code to a school at any time after a permit under this article and a state license to operate the facility were issued. (5) The conduct of business in an unlawful manner or in such a way as to constitute a public nuisance or negatively impacts the health, safety, or general welfare of surrounding property or city residents . Evidence to support such a finding may include, but is not limited to, a continuing pattern of disorderly conduct or drog related criminal conduct upon or in the immediate vicinity of the premises, continuing pattern of criminal






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conduct directly related to or arising from the operation of the medical marihuana facility, or an ongoing nuisance condition emanating from or caused by the medical marihuana facility.

(c) A medical marihuana facilities permit shall be suspended for the transfer or attempted transfer of the permit or any interest in such permit without first obtaining an amendment to the permit.

(d) Any marihuana facilities permit shall automatically be suspended if the state operating license for the permitted use is suspended. The terms and conditions of suspension shall correspond to the suspension of the state operating license.

( e) Any medical marihuana facilities permit shall automatically be restricted if the state license for the permitted use is restricted. The terms and conditions of the restriction shall correspond to the restriction of the state license.

(f) If a medical marihuana facilities permit is terminated, revoked, suspended or restricted, the City Clerk wiJI notify the permittee, at the permittee's la~t known address on file with the city for notification of the permittee, and the Michigan Department of Licensing and Regulatory Affairs of the termination, revocation, suspension, or restriction of the permit and the reasons therefore in writing by mail or electronic mail. In the event the permit is terminated, revoked, suspended or restricted as a result of the pcrmittec' s state license being terminated, revoked, suspended or restricted , the notification requirement of this subsection does not apply.

.(g) The holder of a marihuana facilities permit under this article that is terminated, revoked, suspended or restricted may appeal the termination, revocation, suspension or restriction to the City Manager as provided in this Chapter,

fiec. 845.14 . Fees. A nonrefundable permit fee set by resolution of City Commission, but not to exceed $5,000.00, shall be submitted with the application for a permit. This fee shall be in addition to, and not in lieu ot: any other fees for licensing or permitting requirements including but not limited to site plan review, zoning, or building permits,

fl,ec. 845. 15 . Minimum operational standards for all marihuana facilities. All marihuana facilities shall at a minimum comply with the following operational standards:

(a) Marihuana facilities shall be open for inspection upon request by the building official, the fire division, or law enforcement officials for determination of compliance with all applicable laws and rules, and regulations during the stated hours of operation/use and at such other times as anyone is present on the premises. Inspections may include inspection of the facility premises, surveillance records, camera recordings, reports, records or other materials required as a










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condition of a pennit under this article or a state operating license. Acceptance of a marihuana facilities pennit or leasing property to a marihuana facility constitutes consent to such inspections and the seizure of any surveillance records, camera recordings, reports record or other materials required as a condition of the pennit under this article or a state operating license without a search warrant. The person issued a pem1it, or an employee or agent of the thereof shall not hinder or obstruct a law enforcement officer or employee of the city from conducting inspections pursuant to this ordinance, and shall not refuse, fail, or neglect to cooperate with a law enforcement officer or city employee in the performance of his or her duties in enforcing this ordinance, the Act, or applicable state administrative rules.

(b) Marihuana facilities shall conduct the activities of the marihuana facility, including, withouv limitation, the cultivating, growing, processing, displaying, manufacturing, selling, storage of marihuana and marihuana-infused products, and storage of all materials used in connection with the cultivating, growing, processing, displaying, manufacturing, and selling ofmarihuana and marihuana-infused products indoors in a building and out of public view.

(c) Marihuana facilities shall install a fire alann and a burglar alann system. The fire alarm system shall meet the requirements of this code for a newly installed system and be monitored by a listed central station. All burglar alann systems shall be monitored by a company that is staffed twenty-four hours a day, seven days a week.

( d) Marihuana facilities shall have a video surveillance system that complies with the rules at a minimum, and that makes, retains, and stores surveillance recordings as provided in the rules.

(e) Surveillance recordings of marihuana facilities shall be subject to inspection and review by the city upon request. All surveillance recordings shall be kept in a manner that allows the city to view and obtain copies of the recordings immediately upon request.

Cf) Marihuana facilities shall utilize sufficient measures and means to pre\·ent smoke, odor, debris, dust, fluids and other substances from exiting the premises of the facility at any time. In the event that any smoke, odor, debris, dust, fluids or other substances exit the marihuana facility in a detectable amount sufficient to interfere with the reasonable and comfortable use and enjoyment of adjacent property, or that causes damage to property, the pennittee for the facility and the owner of the premises shall be jointly and severally liable for such conditions and shall be responsible for immediate, full cleanup and correction of such condition. The pennittee shall properly dispose of all such materials, items and other substances in a safe, sanitary, and secure manner in compliance with all federal and state laws and regulations, and this ordinance.

(g) Marihuana facilities shall install and maintain in operable condition a system to preclude marihuana odors from emanating from the property of the marihuana facility in a detectable amount sufficient to interfere with the reasonable and comfortable use and enjoyment of adjacent property as determined by the objective standards of a reasonable person of normal sensitivity.

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(h) Subject to the laws of this state, before hiring a prospective employee, a permittee shall conduct a background check of the prospective employee. If the background check indicates a pending charge or conviction within the past IO years for a controlled substance-related felony, the permittee shall not hire the prospective employee without written permission of the board.

(i) Access to the marihuana facility is restricted to the permittee, employees of the permittee, and registered qualifying patients and registered primary caregivers with valid registry cards, if applicab le, LARA through its investigators, agents, auditors or the state police, and, local law and code enforcement officers and any other designees of the City Manager.

(j) All marihuana facilities must be at a fixed location. Mobile marihuana facilities and drive through operations are prohibited. Sale or transfer of marihuana products by internet or mail order, consignment, or at wholesale is prohibited. This provision shall not be construed to prohibit sale or transfer of marihuana products by marihuana facilities as otherwise expressly authorized by the Act.

(k) All marihuana facilities shall comply with all provisions of this ordinance, state law and administrative rules regulating signs and advertising.

(I) The business, operations, marketing and advertising of all marihuana facilities and 1i1arihuana products shall comply at all times with applicable state law and regulations, and this ordinance.

(m) Marihuana products not identified and recorded in the statewide monitoring system pursuant to the Act, the Tracking Act, and the rules are prohibited from being on the premises of any marihuana facility, and shall not be sold or transferred by any permittee.

(n) Any marihuana product without a batch number or identification tag pursuant to the rules is prohibited from being at or on the__prcmiscs of any medical marihuana facility.

(o) Marihuana facilities shall comply with the building and fire safety provisions of the rules as are applicable to the particular type of facility at all times.

(p) Marihuana product waste will be destroyed, or rendered into an unusable and unrecognizable form in a manner that prevents its acquisition by any person who may not lawfully possess it, and recorded in the statewide monitoring system. Marihuana product \\aste shall be disposed of in a secured waste receptacle using I or more of the following:

(I) a manned and permitted solid waste landfill; (2) a manned compostable materials operation or facility; (3) an in-vessel digester.

(q) All marihuana product waste that is hazardous waste shall be disposed of pursuant to MCL 324.11101 to 324.90106.

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(r) All marihuana product waste or marihuana products that are to be destroyed, or that LARA orders to be destroyed, shall not be sold.

(s) All inventory ofmarihuana products must be stored in a secured, limited-access area or restricted-access area, and identified and tracked consistent with the statewide monitoring system under the Act, the Tracking Act, and the rules.

(t) All containers used to store marihuana products for transfer or sale between marihuana facilities shall meet the requirements of the rules for such containers.

(u) All chemicals or solvents must be stored separately from marihuana products and kept in locked storage areas.

(v) Marihuana-infused products or materials used in direct contact with such products must have separate storage areas from toxic or flammable materials.

J.w) Each permittec shall post and keep at all times visible to the public, in a conspicuous place on the premises, a sign to be furnished by the City Clerk's office, which sign shall be in the following form: ·'WARNING: THE TRAVERSE CITY POLICE DEPARTMENT MUST BE NOTIFIED IMMEDIATELY OF ALL UNLAWFUL ACTS AND DISTURBANCES IN THIS ESTABLISHMENT." Permittees shall immediately report to the police department any unlawful act, conduct, or disturbance committed upon the premises. (Corresponds to Rule 15l

J.x) Respond to inquiry. The Permittee is required to respond by phone or email within twentyfour (24) hours of contact by the City concerning its medica l marihuana establishment at the phone number or email address provided to the City as the contact for the business. Each twenty-four hour period during which an owner or manager does not respond to the City shall be considered a separate violation . •

Sec. 845.1 ._. Minimum Operational standards applicable to provisioning centers. All provisioning centers shall, in addition to the minimum operational standards for all marihuana facilities, comply with the following operational standards at a minimum:

(a) Provisioning centers shall open no earlier than 8:00 a.m. and close no later than 8:00 p.m.

(b) No alcohol or tobacco products may be sold, used, or consumed on the premises. No marihuana or marihuana-infused products may be used or consumed on the premises.

(c) No marihuana plants shall be allowed on the premises.

(d) During times when the provisioning center is not open to the I)Ublic, processed marihuana, marihuana products, cash and currency shall be stored in a safe or security vau It that is

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incorporated into the building structure or securely attached to the building structure or a safe room with a security vault or other secure door.

(e) A provisioning center shall purchase marihuana only from a grower or processor.

(t) All transfers ofmarihuana to a provisioning center from a separate marihuana facility shall be by means of a secure transporter.

(g) A provisioning center shall sell or transfer marihuana only to a registered qualifying patient or registered primary caregiver.

(h) A provisioning center shall transfer marihuana to or from a safety compliance facility for testing only by means of a secure transporter.

(i) The sale or transfer marihuana to a registered qualifying patient or registered primary caregiver shall only occur after it has been tested and bears the label required for retail sale by the act and the rules.

(.i) Before selling or transferring marihuana to a registered qualifying patient or to a registered primary caregiver on behalf of a registered qualifying patient, a provisioning center shall inquire of the statewide monitoring system to determine whether the patient and, if applicable, the caregiver hold a valid, current, unexpired, and unrevoked registry identification card and that the sale or transfer will not exceed the daily purchasing limit established by the board under the Act.

(k) All transactions, current inventory, and other information of the provisioning center shall be entered into the statewide monitoring system as required by the Act, rules, and the marihuana tracking act.

(I) A provisioning center shall 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.

(m) Marihuana and marihuana paraphernalia shall not be sold, given away, or dispensed from any outdoor location.

(n) A provisioning center shall have a separate room that is dedicated as the point of sale area for the transfer or sale ofmarihuana products.

( o) All marihuana products shall be kept behind a counter or other barrier to ensure a registered qualifying patient or registered TI[imary caregiver does not have direct access to the marihuana products.

(p) A provisioning center shall comply with all packaging and labeling requirements of the rules before selling or transferring marihuana products.

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Sec. 845.17 .4 Minimum Operational standards applicable to grow facilities. All grow facilities shall, in addition to the minimum operational standards for all marihuana facilities, comply with the following operational standards at a minimum:

(a) Until December 31, 2021, the permittee or an active employee shall have a minimum of2 years' experience as a registered primary caregiver.

(b) While holding a pem1it for grower facility, no permittee shall be a registered primary caregiver and shall not employ an individual who is simultaneously a registered primary caregiver.

( c) All transactions, current inventory, and other information of the grow facility shall be entered into the statewide monitoring system as required by the Act, rules, and the tracking act.

(d) All activities and operations of the grow facility, including cultivation, shall take place indoors within a building.

(e) The use of compressed gases such as carbon dioxide in multiple processes in the cultivation ofmarihuana shall meet the requirements of the rules for such processes.

(f) A grow facility shall not use any pesticides in the cultivation of marihuana that has not been approved by LARA for such purpose.

Section ~84:!_::,~-.JlJ:!8.:======· Minimum Operational standards applicable to processor facilities. All processor facilities shall, in addition to the minimum operational standards for all marihuana facilities, comply with the following operational standards at a minimum:

(a) A processor shall purchase marihuana only from a grower and shall sell marihuana-infused products or marihuana only to a provisioning center.

(b) A processor shall transfer rnarihuana only by means of a secure transporter.

(c) Until December 31, 2021, the permittee or an active employee shall have, a minimum of2 years' experience as a registered primary caregiver.

(d) While holding a permit for processor facility, no permittee shall be a registered primary caregiver and shall not employ an individual who is simultaneously a registered primary caregiver.

(e) All transactions, current inventory, and other information of the processor facility shall he entered into the statewide monitoring system as required by the Act, rules, and the Tracking Act.

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lQ/~/18 DFai:t wiH1e11t lOOQ feet FeeiwiFBR'l@At UnseFiiAeei Rew Migllligllteei ,iarallels statwte aRS/ state rwles (f) Processes that extract oil from marihuana plants and marihuana products using flammable gas, flammable liquid, or compressed gases of varying materials including, but not limited to, butane, propane, and carbon dioxide shall meet the requirements of the rules for such processes.

Sec. 14-265. Minimum standards applicable to secure transporters. AIJ secure transporter facilities shall, in addition to the minimum operational standards for all marihuana facilities, comply with the following operational standards at a minimum:

(a) May take physical custody ofmarihuana or money but legal custody belongs to the transferor or transferee.

(b) May not sell or purchase marihuana _products.

(c) May store and transport marihuana and money associated with the purchase or sale of marihuana between marihuana facilities for a fee.

(d) Marihuana may not be transported to a registered qualifying patient or registered primary caregiver.

(e) Marihuana product may only be transported in a locked, secured, sealed container that is not accessible while in transit. Money associated with the purchase or sale of marihuana product between facilities shall be locked in a sealed container kept separate from the marihuana product and only accessible to the secure transporter licensee/permittee and its employees.

(f) Each driver transporting marihuana must have a chaufleur's license issued by the State of Michigan.

(g) Each employee who has custody of marihuana or money that is related to a marihuana transaction shall not have 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 5 years or have been convicted of a misdemeanor involving a controlled substance within the past 5 years.

(h) Each vehicle shall be operated with a 2-person crew with at least I individual remaining with the vehicle at all times during the transportation of marihuana.

(i) A route plan and manifest shall be entered into the statewide monitoring system, and a COQY

shall be carried in the transporting vehicle and presented to a law enforcement officer upon request.

(j) A secure transporting vehicle shall not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.

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(k) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with the Act and this ordinance.

(I) All transactions, current inventory, and other infonnation of the secure transporter shall be entered into the statewide monitoring system as required by the Act, rules, and the Tracking Act.

Sec. 845. J 9 . Minimum standards applicable to safety compliance facilities. All safety compliance facilities shall, in addition to the minimum operational standards for all marihuana facilities, comply with the following operational standards at a minimum:

(a) A safety compliance facility is authorized to only receive marihuana from, test marihuana for, and return marihuana to a marihuana facility.

(b) A safety compliance facility must be accredited by an entity approved by the board by 1 year after the date the license is issued or have previously provided drug testing services to the State of Michigan or Michigan's court system and be a vendor in good standing in regard to those services unless a , ariance from this req_uirement is granted by the board as provided by the act.

(c) A safety compliance facility shall: ( 1) Perform tests to certify that marihuana is reasonably free of chemical residues such as fungicides and insecticides. (2) Use validated test methods to detennine tetrahydrocannabinol, tetrahydrocannabinol acid, cannabidiol, and cannabidiol acid levels. (3) Perfonn tests that determine whether marihuana complies with the standards the board establishes for microbial and mycotoxin contents. ( 4) Perform other tests necessary to determine compliance with any other good manufacturing practices as prescribed in rules. (5) Enter all transactions, current inventory, and other information into the statewide monitoring system as required in the Act, rules, and the Tracking Act. (6) Have a secured laboratory space that cannot be accessed by the general public. (7) Retain and employ at least 1 staff member with a relevant advanced degree in a medical or laboratory science. (8) Comply with all provisions of the rules regarding the testing, retesting, and sampling of marihuana and marihuana products. (9) Establish an adequate chain of custody and instructions for sample and storage requirements.

Sec. 845.20 • Conflicts, Future laws and regulations. Should the State of Michigan in the future adopt additional or stricter laws or regulations governing the production, processing, transporting, testing, sale and distribution of marihuana, the additiona I or stricter laws and regulations shall control the establishment or operation of any marihuana facility in the city, as well as the issuance, denial, suspension, or revocation of any permit under this article.

27 BMarentette



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Sec. 845.21---. Penalty and remedies. (a) Any violation of this article is a municipal civil infraction subject to penalties imposed on municipal civil infractions by Section 20~eetion of this code and state law.

(b) In addition to the penalties provided in this ordinance, any condition caused or permitted to exist in violation of this ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

(c) In addition to the penalties in this ordinance, any violation of this ordinance, the Act, or the rules may result in the denial of a permit, or the revocation, suspension, or non-renewal of a permit issued under this ordinance.

(d) Nothing in this ordinance shall prevent the city from pursuing any other remedy provided by law and equity, including an injunction, in conjunction with or in lieu of prosecuting persons under this section for violation of this ordinance.

Sec. 845.22 . Effect tie-barred. .This amendment to Chapter to add Artiele . "Medieal Marilu-1aRa ~aeilities"'lli shall only take effect if the Zoning Code is amended as needed to zone for the activities contemplated in this Chapter. .Cllatiter is amenEled to adEI seetions

to the :coning eode .•

BMarentette

10/4/18 Draft without 1000 foot requirement High light ed = parallels st atute and/ state rules

28

I certify that the above ordinance amendment was introduced on

, at a regular meeting of the City Commission and was enacted on at a regular meeting of the City Commission by a vote of Yes: No: at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.

Jim Carruthers, Mayor

Benjamin Marentette, City Clerk

I certify that a notice of adoption of the above ordinance was publ ished in the

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29

Traverse City Record-Eagle, a daily newspaper published in Traverse City, Michigan, on

Benjamin Marentette, City Clerk

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ORDINANCE AMENDMENT NO. ---Effective date: -------

TITLE: Medical Marihuana Facilities amendment for Community Center (C-3), Regional Center (C-4), Hospital (H) and Industrial (I) Districts


That the Definitions, Section 1320.07; Uses Allowed, Section 1344.01 in the Community Center Chapter, the Uses Allowed, Section 1354.01 Industrial Chapter and the Uses Allowed, Section 1358.01 in the Hospital Chapter of the Zoning Code of the Traverse City Code of Ordinances, be

amended to read in its entirety as follows:

1320.07 - Definitions.

As used in this chapter:

Abutting means a lot or parcel which shares a common border with the subject lot or parcel.

Accessory building means a building or structure customarily incidental and subordinate to the principal building and located on the same lot as and spatially separated from the principal building.

Accessory dwelling unit means a smaller, secondary home on the same lot as a principal dwelling. Accessory dwelling units are independently habitable and provide the basic requirements of shelter, heating, cooking and sanitation. There are 2 types of accessory dwelling units:

(1) Accessory dwelling in an accessory building (examples include converted garages or new construction).

(2) Accessory dwelling that is attached or part of the principal dwelling ( examples include converted living space, attached garages, basements or attics; additions; or a combination thereof).

Accessory use means a use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

Adult foster care family home means a private residence with the approved capacity to receive not more than 6 adults who shall be provided foster care for 5 or more days a week and for 2 or more consecutive weeks. The adult foster care family home state licensee shall be a member of the household and an occupant of the residence.

Adult foster care small group home means a state licensed adult foster care facility with the approved capacity for not more than 12 adult residents to be provided foster care.

Affordable housing means housing units for eligible low-income households where the occupant is paying no more than 30 percent of gross income for housing costs.

Page 1 of 26

Aggrieved person means a person who has suffered a substantial damage from a zoning decision not in common to other property owners similarly situated, and who has actively opposed the decision in question.

Airport terminal means the main passenger location of an airport and includes all office, hotel and retail uses commonly occurring at such locations.

Alley means a way which functions primarily as a service corridor and provides access to properties abutting thereon. "Alley" does not mean "street."

Alteration means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders.

Basement means that portion of a building which is partly or wholly below finished grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement, as defined herein, shall not be counted as a story ( see Figure 1-1 ). A cellar is a basement.

Berm means a constructed mound of earth rising to an elevation above the adjacent ground level of the site where located which contributes to the visual screening of the area behind the berm.

Block means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.

Block, face. "Face block" means that portion of a block or tract ofland facing the same side of a single street and lying between the closest intersecting streets.

Boat house means an enclosed or partially enclosed structure designed for the use and storage of private watercraft and marine equipment.

Boat livery means any structure, site or tract of land utilized for the storage, servicing, docking or rental of watercraft for a fee.

Brew pub means a facility as defined such by the State of Michigan.

Building means any structure designed or built for the enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building, height of See "height of building."

Building, principal. 11Principal building" means a building within which is conducted the main or principal use of the lot upon which it is located.

Cemetery means property, including crematories, mausoleums, and/or columbariums, used or intended to be used solely for the perpetual interment of deceased human beings or household pets.

Clinic means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians or dentists or similar professions.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, agriculture or similar activities, but not operated for profit and open only to members and not the public.

Page 2 of 26

Cluster means a development design technique that concentrates building on a portion of the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

Communication antenna means a device, dish or array used to transmit or receive telecommunications signals mounted on a communication tower, building or structure that is greater than 1 square meter in a residential district or 2 square meters in a non-residential district. Antenna does not include federally-licensed amateur radio station, television or radio receiveonly antennas or antennas used solely for personal use. Communication antennas are not 11essential services, 11 public utilities or private utilities.

Communication tower or tower means any structure that is primarily designed and constructed for the purpose of supporting I or more antennas for telecommunications, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. Communication towers are not 11essential services," public utilities or private utilities.

Community garden means a parcel gardened collectively by a group of people.

Convenience store means a retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Country club. See 11golf course. 11

Crematories means a building or structure, or room or space in a building or structure, for the cremation of deceased persons or deceased household pets.

Critical root zone means a circular area surrounding a tree, the radius of which is measured outward from the trunk of a tree 1 foot for each 1 inch of diameter at breast height. The critical root zone shall also extend to a depth of 4 feet below the natural surface ground level.

Cultural facilities means facilities for activities for the preservation and enhancement for the cultural well-being of the community.

Development means all structures and other modifications of the natural landscape above and below ground or water on a particular site.

Diameter at breast height means the diameter of a tree trunk in inches measured by diameter at 4.5 feet above the ground.

District means a section of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, setbacks and the intensity of use are uniform.

Drive-in means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

Drive-through means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive service or obtain goods intended to be consumed off-premises.

Page 3 of 26

Dripline means an imaginary vertical line extending downward from the outermost tips of the tree branches to the ground.

Driveway means a means of access for vehicles from a street, approved alley, across a lot or parcel to a parking or loading area, garage, dwelling or other structure or area on the same lot.

Driveway, service means a point of access solely for the use of vehicles designed to load and unload trash receptacles 3 cubic yards or more in size.

Dwelling means any building or portion thereof which is designed for or used exclusively for residential purposes and containing 1 or more dwelling units.

Dwelling, multiple family. "Multiple family dwelling" means a building or portion thereof containing 3 or more dwelling units and designed for or occupied as the home of 3 or more families living independently of each other.

Dwelling, single-family. "Single-family dwelling 11 means a detached building containing 1 dwelling unit and designed for or occupied by only 1 family.

Dwelling, two-family. "Two-family dwelling" means a building designed for or occupied exclusively by 2 families living independently of each other.

Dwelling unit means 1 or more rooms with bathroom and principal kitchen facilities designed as a self-contained unit for occupancy by 1 family for living, cooking and sleeping purposes. The existence of a food preparation area (such as a sink and appliances to heat and refrigerate food) within a room or rooms shall be evidence of the existence of a dwelling unit.

Eligible household means a household meeting the income criteria included in Chapter 1376, with income determined in a manner consistent with determinations of lower-income households and area median income under Section 8 of the U.S. Housing Act of 1937, as amended (Section 8 Housing Program).

Eligible housing nonprofit means a 501(c)3 nonprofit housing organization with the means and capacity to guarantee and enforce long-term affordability of affordable housing units meeting the requirements of Chapter 1376.

Emergency shelter means a facility operated by a governmental or nonprofit agency where supportive services and shelter are offered to homeless persons.

Erected means built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like, shall be considered a part of erection when done in conjunction with a structure.

Essential services means the installation, construction, alteration or maintenance by public utilities or governmental agencies of underground, surface or overhead telephone, electrical, gas, steam, fuel, or water distribution systems, collections, supply or disposal systems, streets, alleys, sidewalks, or trails, including pavement, traffic control devices, signs, poles, wires, mains, drains, sewers, pipes, conduits, cables, padmount transformers, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utilities or governmental agencies for the general public health, safety, convenience or welfare. "Essential services" do not include communication antennas and communication towers.

Page 4 of 26

Essential service-structures. The erection, construction, alteration or maintenance by public utilities or governmental agencies of structures not in the right-of-way over 800 cubic feet in area including, but not limited to, towers, transmission and subtransmission facilities, or buildings related to essential services in all districts.

Facade means the exterior wall of a building exposed to public view.

Family means 1 or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or maniage, as distinguished from persons occupying a boarding house, lodging house or hotel.

Fence means a constructed barrier made of wood, metal, stone, brick or any manufactured materials erected for the enclosure of yard areas.

Flood plain, 100-year. "100-year flood plain" means the lowland areas adjoining inland and coastal waters which are identified on Floodway Maps produced by FEMA (Federal Emergency Management Agency) and which are estimated to have a I percent chance of flooding in a given year.

Floor area. See "a gross floor area."

Frontage means the total continuous width of the front lot line.

Golf course/country club means any golf course, public or private, where the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges and miniature golf courses as a principal use.

Grade means:

(I) For buildings having walls adjoining 1 street only : the elevation of the public sidewalk, top of curb, or centerline of the street right-of-way, whichever is closest to the building, where a building wall adjoins a street.

(2) For buildings having walls adjoining more than 1 street: the average elevation of the sidewalks, curbs or centerlines of streets, whichever is closest to the building walls adjoining the streets.

(3) For buildings having no wall adjoining the street : the average of the lowest and highest ground surface elevations in an area within 6 feet of the foundation line of a building or structure. Any building or structure wall within 35 feet of a public or private street shall be considered as adjoining the street. (See Figure 1-2.)

Greenbelt means a strip of land of definite width and location upon which existing vegetation is preserved or an area is reserved for the planting of living plant materials to serve as an obscuring screen or buffer strip in carrying out the requirements of this Code.

Grocery store means a retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Gross floor area (GF A) means the sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating 2 buildings, but excluding any space where the floor-to-ceiling height is less than 6 feet.

Page 5 of 26

Height of building means the vertical distance from the grade to the highest point on a mansard or flat roof or to the median height between the eaves and the ridge for gable, hip and gambrel roofs. (See Figure 1-3).

Home occupation means an accessory use of a dwelling unit for business purposes.

Impervious swface means any material which prevents, impedes or slows infiltration or absorption of storm water directly into the ground at the rate of absorption of vegetation bearing soils, including building, asphalt, concrete, gravel and other surfaces.

Impervious surface ratio means the area of impervious surface less those areas used exclusively for pedestrian circulation or outdoor recreational facilities divided by the gross site area.

Kennel means any lot or premises used for the sale, boarding, or breeding of dogs, cats or other household pets or the keeping of 5 or more dogs or cats in any combination over the age of 6 months.

Land clearing means:

(1) The clearing of over 8,000 square feet of vegetation from any site, or

(2) The removal of more than 20 trees more than 6 inches in diameter at breast height within 50 feet of a public or private street or river.

Mowing, trimming or pruning of vegetation to maintain it in a healthy, viable condition is not considered land clearing.

Landing area means a landing pad, area, strip, deck or building roof used to launch or receive aircraft, including, but not limited to, power-driven winged or delta-winged aircraft, gliders, balloons and helicopters.

Landscaping means some combination of planted trees, vines, ground cover, flowers or turf so long as a minimum of 80 percent of the landscape area is covered by living plant material. In addition, the combination or design may include rock ground cover, earth mounds, and such structural features as fountains, pools, art works, screens, walls, fences and benches.

Laundromat means a business that provides home-type washing, d1ying and/or ironing machines for hire to be used by customers on the premises or operated for the benefit of retail customers who bring in and call for laundry.

Lodging facility means a commercial establishment with I or more buildings whose primary use is to provide temporary overnight accommodations within individual guest rooms or suites to the general public for compensation. Accessory uses may include eating places, meeting rooms and other similar uses.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including 1 principal building together with accessory buildings, open spaces and parking areas required by this Zoning Code, and having its principal frontage upon a street or upon an officially approved private street. The word "lot includes the words 11plot, 11 "tract1

' or "parcel. 11

Lot, corner. 11Corner lot" means a lot which has at least 2 contiguous sides abutting on and at the intersection of 2 or more streets.

Page 6 of 26

Lot of record means a lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat.

Lot, through. "Through lot11 means an interior lot having frontage on 2 more or less parallel streets.

Lot width means the horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback line.

Manufacturing means the production of articles for use from raw or prepared materials by giving these materials new forms, qualities, properties or combinations, whether by hand labor or machine.

Market, municipal. 11Municipal market11 means a publicly owned and operated building or space where vendors offer a wide range of different products from open stalls.

Marina means a commercial mooring, berthing, or docking facility for watercraft with or without provisions for launching, haulout, servicing, fueling or sales of accessory supplies.

Medical marihuana means marihuana as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq. grown, used, or transferred for 11medical use11 as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq.

},kd-ieal nuiri!n,uma eel:l-eefi-.,e means a use vihere Medical Marihuana is transferred, pursuant to the Michigan Medical Marihuaea Act. , MCL 333.26421 et seq.

Medical marihuana cultivation means a use where Medical Marihuana is grown as permitted by the Michigan Medical Marihuana Act., MCL 333.26421 et seq.

Medical marihuanafacility means a location at which a person is licensed to operate under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Chapter 845 of the Codified Ordinances of the City of Traverse City and operates as a Medical Marihuana Grower, Medical Marihuana Processor, Medical Marihuana Secure Transporter, Medical Marihuana Provisioning Center, or a Medical Marihuana Safety Compliance Facility.

Medical marihuana e1:tlti1;)fltien facility grower means a use where a person holding a state operating license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. and a Marihuana Facility license under Chapter 845 of the Codified Ordinances of the City of Traverse City cultivates, dries, trims, or cures and packages medical marihuana for sale to a processor or provisioning center more than 72 plants are being CHltivated on a parcel.

Medical marihuana provisioning center means a use where a person holding a state license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Chapter 845 of the Codified Ordinances of the City of Traverse City purchases medical marihuana from a Medical Marihuana Grower or Medical Marihuana Processor and commercially sells, supplies, or provides medical marihuana to registered qualifying patients as defined in the Michigan Medical Marihuana Act, MCL 333.26241 et seq, directly or through the registered qualifying patients' registered primary caregiver. Medical Marihuana Provisioning Center includes any property where medical marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A residential location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the Michigan

Page 7 of 26

Medical Marihuana Act, MCL 333 .26241 et seq, is not a Medical Marihuana Provisioning Center.

Medical marihuana processor means a use where a person holding a state license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Chapter 845 of the Codified Ordinances of the City of Traverse City purchases medical marihuana from a Medical Marihuana Grower and extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a Medical Marihuana Provisioning Center.

Medical marihuana safety compliance facility means a use where a person holding a state operating license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Chapter 845 of the Codified Ordinances of the City of Traverse City takes medical marihuana from a marihuana facility or receives medical marihuana from a registered primary caregiver, tests the medical marihuana for contaminants and for tetrahydrocannabmol and other cannabinoids, returns the test results, and may return the medical marihuana to the marihuana facility.

Medical marihuana secure transporter means a use where a person holding a state license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Chapter 845 of the Codified Ordinances of the City of Traverse City stores medical marihuana and transports medical marihuana between Medical Marihuana Facilities for a fee.

Microbrewe1y means a facility as defined as such by the State of Michigan.

Non-conforming use means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

Nursing home. See "residential care and treatment facility."

Open space, common. "Common open space" means land within or related to a development, not individually owned that is designed and intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.

Oper-aler f>f medical marihi,uma eelkchve means any person who is employed by or otherwise involved in the operation of a Medieal Marihuana Colleetive.

Ordinary high water mark means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is identified along Grand Traverse Bay and the lower Boardman River as elevation 581.04 feet USGS.

Owner means any person having an ownership interest in a premises as shown on the latest Traverse City tax records.

Parcel . See a "lot."

Page 8 of 26

Parking area means any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, driveways and legally designated areas of public streets.

Parking area, commercial. "Commercial parking area" means a tract of land which is used for the storage of motor vehicles, which is not accessory to any other use on the same or any other lot and which contains parking space rented to the general public or reserved for individuals by the hour, day, week or month.

Parking area, off-street. "Off-street parking area" means a land surface or facility providing vehicular parking spaces off of a street together with drives and maneuvering lanes so as to provide access for entrance and exit for the parking of motor vehicles.

Parking area, private. "Private parking area" means a parking area for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located or their customers, employees, or whomever else they permit to use the parking area.

Parking area, public. "Public parking area" means a publicly owned or controlled parking area available to the public, with or without payment of a fee.

Parking space means an area of land provided for vehicles exclusive of drives, aisles, or entrances giving access thereto, which is fully accessible for parking of permitted vehicles.

Parking structure means a building or structure consisting of more than l level and used to store motor vehicles.

Pavement. "Pavement" and 11paved" mean permanent and completely covered with concrete, a bituminous surface, brick or other surface approved by the Planning Director.

Pedestrian scale means design and construction considerations based upon the scale of a human being which imbue occupants and users of the built environment with a sense of comfort and security.

Person means a corporation, association, partnership, trust, firm or similar activity as well as an individual.

Place of worship means a building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose.

Planning director means the head of the City Planning and Zoning Department or the designee of that person.

Plat means a map of a subdivision of and recorded with the Register of Deeds pursuant to state statute

Primary caregiver means a primary caregiver with a registry identification card as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Public utility means any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal

Page 9 of 26

regulations to the public; gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

Qualifying patient means a qualifying patient with a registry identification card as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq.

R-District means a residence district, namely an RC, R-la, R-lb, R-2, R-9, R-15, and R-29 district.

Recreational facilities means buildings, or grounds, excluding amusement parks, where a variety of sport or exercise activities are offered.

Recreational vehicle means a vehicle primarily designed and used as a temporary living quarters for recreational, camping, or travel purposes including a vehicle having its own motor power or a vehicle mounted on or drawn by another vehicle.

Residential care and treatment facility means a facility providing:

(1) Services, programs and temporary shelter for residents who are undergoing alcohol or substance abuse rehabilitation;

(2) Temporary emergency shelter and services for battered individuals and their children in a residential structure.

Restaurant, family means an establishment where food and drink are prepared and served to seated customers. Customer turnover rates are typically less than 1 hour. Generally, these establishments serve breakfast, lunch, and dinner and sometimes are open 24 hours a day. It may include cafeteria-style facilities.

Restaurant, fast food means an establishment where food and drink are served to customers at a counter. Such establishments may or may not have seating facilities. Generally, food and drink is ordered and taken to be consumed outside the restaurant building.

Restaurant, fine means an establishment where food and drink are prepared and served. Customer turnover rates are typically l hour or longer. Such establishments serve dinner but generally do not serve breakfast and may or may not serve lunch or brnnch.

Right-of-way means a public or private street, alley or easement permanently established for the passage of persons or vehicles.

Rooming house means a residential building where rooms or suites of rooms are rented where the renters use common facilities, such as hallways and bathrooms. A rooming house shall not include lodging facilities, apartment houses, 2 and multi-family dwellings or fraternity and sorority houses.

School means an educational institution under the sponsorship of a private or public agency providing elementary or secondary curriculum, and accredited or licensed by the State of Michigan; but excluding profit-making private trade or commercial schools.

Screen means a structure providing enclosure and a visual barrier between the area enclosed and the adjacent prope11y. A screen may also be non-structured, consisting of shrubs or other growing materials.

Page 10 of26

Screen, opaque means a masonry wall, fence sections, earthen berm, evergreen hedge or a combination of these elements which completely interrupt visual contact and provide spatial separation.

Setback means the distance required between a lot line and a building wall.

Setback, front. A front setback means the minimum required distance, extending the full lot width, between the principal building and the front lot line.

Setback, rear. A rear setback means the minimum required distance, extending the full lot width, between the principal and accessory buildings and the lot line opposite the front line.

Setback, side. A side setback means the minimum required distance, extending from the front setback to the rear setback, between the principal and accessory building and the side lot line.

Site diagram means a drawing, drawn to scale, showing the location of buildings and strnctures on a lot, as well as driveways, curb cuts, alleys, streets, easements and utilities. See Appendix 1, Figure 1-4.

Site plan means a plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this Code.

Stop work order means an administrative order which directs a person not to continue, or not to allow the continuation of an activity which is in violation of this Code.

Street means any public way, such as a public street, avenue or boulevard, at least 16 feet wide. Street does not mean "alley." See also "Private street."

Street, access. "Access street" means a street or alley designed primarily to provide access to properties.

Street, arterial. "Arterial street" means a street designed to carry high traffic volumes through the community.

Street, collector. "Collector street" means a street designed to carry moderately high traffic volumes from arterial and access streets.

Street, private. "Private street" means an officially approved thoroughfare, other than a public street or alley, permanently reserved as the principal means of access to abutting property.

Structural alterations means any change in a building requiring a building permit.

Structure means anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground, including, but not limited to, freestanding signs, billboards, back stops for tennis courts and pergolas.

Tourist home means a single-family dwelling owned and occupied by a person renting out not more than 3 rooms for compensation to persons who do not stay for more than 7 consecutive days.

Townhouse means a multiple dwelling in which each dwelling unit shares a common wall with at least I other dwelling unit and in which each dwelling unit has living space on the ground floor and has a separate ground-floor entrance.

Page 11 of 26

Trailer means any enclosure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings, and which has been or reasonably may be equipped with wheels or devices for transporting the enclosure from place to place. "Trailer" includes motor homes, travel trailers and camper vans.

Transit center means a fixed location where passengers interchange from 1 route or vehicle to another that has significant infrastructure such as a waiting room, benches, restrooms, sales outlet, ticket or pass vending machines and other services.

Transitional housing means a facility which is operated by a government or a nonprofit agency providing interim sleeping and bath accommodations; interim eating and cooking facilities; and professional services to assist individuals or families in locating permanent housing.

Treelawn means the area of public right-of-way lying between the curb line of a curbed street or developed travelway of a noncurbed street and the nearest private property line substantially parallel to said street.

Trip end means the total of all motor vehicle trips entering plus all motor vehicle trips leaving a designated land use or building over a given period of time.

Vacation home rental means a commercial use of a dwelling where the dwelling is rented or sold for any term less than 30 consecutive days.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Zoning Code.

Yard, front. "Front yard" means all land extending across the width of a property and lying between the building line and the front lot line.

Yard, rear. "Rear yard'' means all land extending across the width of the property and lying between the building and the rear lot line.

Yard, side. "Side yard" means all land lying between a principal building and the side lot lines and extending from the front to the rear of the principal building.

Zoning Code means Part 13, Title One of the Code of Ordinances of the City of Traverse City and includes the text of this Zoning Code as well as all maps, tables, graphics, schedules as included or attached as enacted or subsequently amended.

1344.01 - Uses allowed. (C-3)

The following uses of land and buildings, together with accessory uses, are allowed in the Community Center District:

HR District uses;

• C-2 District uses;

Amusement and recreation services (see mechanical amusement arcades below);

• Communication establishments;

Contractors, with no outside storage;

Page 12 of 26

• Drinking places with entertainment;

• Equipment rental and leasing;

• Finance services, including those having drive throughs subject to the standards of Section 1374.06, drive-throughs;

• Kennels, provided no that no building, open kennel or exercise runway is closer than 200 feet from a Residential District;

• Mechanical amusement arcades subject to the following:

( 1) All necessary licenses are obtained and maintained.

(2) There is in physical attendance at all times of operation a minimum of l adult employee whose sole responsibility is to supervise the conduct of patrons on or near the premises.

(3) Suitable ventilation, fire protection measures and adequate lighting inside and outside the premises are provided for the safety of patrons and the public as required by the Fire Marshal.

( 4) One bicycle rack per mechanical amusement device is provided on-site and located subject to the approval of the Planning Director.

(5) There is not more than 1 arcade in a face block, and in no case shall an arcade be located closer than 600 feet to any existing arcade or amusement park.

Medieal fflarihuana collective ffleeting the followiflg requiremeftts:

( l) Use and traasfer of Medical Marihuana shall cofl'll3ly at all times with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of CoHlffil:lnity Health, as they may be ameaded from time to time;

(2) Transfer of medical marihuana shall be only allo1.ved to a qualifying f)atient directly in person by his or her registered primary caregiver or by another qualifying patient as all01..11ed by the :Michigan Medical Marihuana Act and the General R*lles of the Michigan Department of CoH1:fftllnity Health, as they fflay be amended from time to time.

(3) The collective shall eot be ie operation bet>.veen the hours of l 0:00 p.m. aH:d 7:00 &:-ffr.-

(4) No medical marihuaaa cultivatioH shall oecur OH the pareel.

(5) Except for parents or guardians of a qualifying patieftt and the owner or staff of the facility, persons other than a qualifying patient or primary caregiver shall be not permitted \Yithin the collectiYe when medical marihuana is being transferred or ~

(6) A qualif)<ing patient under the age of 18 shall be aceom_lliinied by a parent or guaraian and notice of such shall be conspicuously posted.

(7) A medical marihuana collective shall not be locatea within a 1,000 foot radius from any eitisting school.

Page 13 of 26

@) A medical marihuana collectiYe shall Bot be located withi11 1,000 feet from another eRisti11g collective or a Medical Marihua11a Provisioe:iag Ce11ter.

(9) AB. ov.raer or operator of a medical mariffi:HiB.a collectiYe shall aot have been coHvicted of a feloHy is-volving coHtrolled substances.

( l 0) The aame and address of all f)ersons with aa owaershif) iraerest in the medical marihuaaa collective and all Of)erators of the medical marihuana collective shall be provided to the Zoning Administrator at least l O business days prior to Of)eniHg the meeli.cal marihuana collective and least l O busiaess days prior to ·when a new f)erson ovms or operates the medical marihuana collective.

(11) The smell of marihuana shall not be detectable outside of the portion of any strucfUFe ,vhere mariht1ana is f)resem.

• Medical Marihuana Provisioning Center meeting the following requirements:

(1) The medical marihuana facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Chapter 845 of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;

(2) The Medical Marihuana Provisioning Center shall not be in operation between the hours of 10:00 p.m. and 7:00 a.m.

(3) Except for Medical Marihuana Processors as set forth in this Section, no other medical marihuana facilities use shall occur on the parcel.

( 4) Except for parents or guardians of a qualifying patient and the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Chapter 845 of the Codified Ordinances of the City of Traverse City or staff of the medical marihuana facility, persons other than a qualifying patient or primary caregiver shall be not permitted within the Medical Marihuana Provisioning Center when Medical Marihuana is being transferred.

(5) No use or consumption of marihuana shall be allowed at the medical maiihuana facility.

( 6) The medical marihuana facility shall not be used by a physician to conduct a medical examination or issue a medical certification document for the purpose of obtaining a qualifying patient registry identification card under the Michigan Medical Marihuana Act.

(7) A qualifying patient under the age of 18 shall be accompanied by a parent or guardian and notice of such shall be conspicuously posted.

(8) A Medical Marihuana Provisioning Center shall not be located within a 1,000-foot radius from any existing school.

(9) A Medical Marihuana Pro:visioning Center shall not be located within 1,000 feet from aHother Medical MarihuaHa Provisioniflg Gerner or a Medical Marihuana Collective.

Page 14 of 26

(I 0) An owner or operator of a MediQal Marihuana Provisioning Center shall not have been convicted of a felony involving controlled substances within the last 10 ' -years.

( I I) The Medical Marihuana Provisioning Center shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Chapter 845 of the Codified Ordin..s.nces of the City of Traverse City.

O 2) All activities of a Medical Marihuana Provisioning Center shall be conducted within the building.

(I 3) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present.

Microbrewery;

• Motorized vehicle dealers, mobile home dealers, watercraft dealers and recreational vehicle dealers subject to the following conditions:

( 1) All outdoor display and storage in front or on the side of a building shall meet landscape requirements for parking areas.

(2) Outdoor display areas shall be differentiated from parking areas using contrasting surface material and shall be designated on a site plan.

(3) Any display platforms shall not be elevated more than 3 feet higher than the adjacent public right-of-way.

Personal services, including those having drive-throughs subject to the standards of Section I 374.06, drive-throughs;

Pet boarding or pet grooming services, provided that no building, open ke1U1el or exercise mnway is closer than 200 feet from an R-District.

Printing ( commercial);

• Repair services, miscellaneous;

• Restaurants, family, fine and fast, including drive-ins and drive-throughs accessory to an on-site, indoor, full service restaurant and including the parking requirements of Chapter 1372, landscaping and Section 1374.06, drive-throughs;

• Retail trade;

Service stations and repair shops ( except tire retreading) with or without fuel dispensing;

Theaters, except outdoor;

Vehicle wash facilities subject to the following standards:

( 1) Customer stacking space shall be provided at a rate of 3 spaces per bay or wash area for a stationary-type (coin-operated) system, and 8 spaces per bay for an automatic system.

(2) Customer stacking spaces shall be located and arranged to preclude obstruction of traffic flow on the public right-of-way or overhang and the public sidewalk.

Page 15 of 26

(3) Grates the full width of the driveway shall be provided at the exits to intercept and collect excess water and prevent its spread onto the public right-of-way.

(4) A 35-foot setback is required from the property line where the primary exit for the vehicle was facility is made. All other setbacks shall conform to the district requirements.

(5) All operations connected with this facility shall be conducted within the buildings, except for vacuuming, so as to minimize the effect of noise and moisture on surrounding areas.

(6) Where an auto wash is adjoining residential property or is separated from such property by a public alley, there shall be provided a continuous decorative screenwall of not less than 5 feet or more than 6 feet in height.

(7) Ingress and egress shall be on an arterial or collector street, except where the Planning Commission determines public welfare or safety would be best served by allowing other means of ingress or egress.

• Veterinary services, provided that no building, open kennel or exercise runway is closer than 200 feet from a R-District;

• Warehousing.

1354.01 - Uses allowed. (I)

The following uses of land and buildings together with accessory uses are allowed in the Industrial District:

GP District uses;

C-2 District uses meeting the setbacks (§ 1342.02), building height (§ 1342.06) and special requirements (§ 1342.09) of the C-2 District and shall not open to the public between the hours of 10:00 p.m. and 6:00 a.m.

• C-2 District uses in the Airport Industrial Park and Traversefield Enterprise Place is limited to existing buildings more than 5 years old, based upon the date of the initial certificate of occupancy issued. Minor additions are allowed provided the addition is for barrier free access, fire safety or to improve the energy efficiency of the building;

• Auto repair;

Communications establishments;

• Construction, special trades;

Contractors;

• Contractors, heavy constrnction;

Crematories provided the use is at least 500 feet from a Residential Zoning District, public park or school as defined by the Zoning Code;

Cutting plastics, leather, etc;

• Equipment rental and leasing, miscellaneous;

Page 16 of 26

• Fuel dealers;

• Funeral services;

Gas systems;

Kennels for boarding provided that no building, open kennel or exercise runway shall be located closer than 200 feet from any R District;

• Lumber yards-Retail;

• Manufacturing or processing of:

( 1) Apparel and other finished products made from fabrics and similar materials;

(2) Bakery products;

(3) Beverages;

(4) Canned, frozen and preserved fruits, vegetable and food specialties;

(5) Dairy products;

(6) Electronic and other electrical equipment and components;

(7) Fabricated metal products, except machinery and transportation equipment and except ordnance and accessories;

(8) Food preparations and kindred products-miscellaneous;

(9) Furniture and fixtures;

( 10) Grain mill products;

( 11) Industrial and commercial machinery and computer equipment;

(12) Leather and leather products (finished), except leather tanning and finishing;

(13) Lumber and wood products, except furniture, wood preserving and reconstituted wood products;

( 14) Manufacturing industries-miscellaneous;

(15) Measuring, analyzing and controlling instrnments, photographic, medical and optical goods, matches and clocks;

(16) Printing, publishing and allied industries;

(17) Stone, clay, glass and concrete products, except asbestos products;

(18) Sugar and confectionery products;

Medical marihuana cultivation facility meeting the following requirements:

(1) Medical marihuana cultivation shall comply at all times with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

(2) All medical marihuana plants cultivated by each primary caregiver or qualifying patient shall be contained within a fully enclosed locked facility inaccessible on all

Page 17 of 26

sides and equipped with locks or other security devices that permit access only by the primary caregiver or the qualifying patient.

(3) Cultivation shall be conducted so as not to create dust, glare, noise, odors, or light spillage beyond the parcel and shall not be visible from an adjoining public way.

( 4) A Medical marihuana cultivation facility shall not be located within a 1,000-foot radius from any existing school.

(5) A Medical marihuana cultivation facility shall register for a business license with the City Clerk and if the applicant is not the owner of the parcel, such license application shall include the property owners' consent to the use of the parcel as a medical marihuana cultivation facility.

(6) No transfer of medical marihuana shall occur except marihuana plants pursuant to the Michigan Medical Marihuana Act.

• Medical marihuana grower meeting the following requirements:

(1) The medical marihuana facihty and use shall comply at all times with the Michigan Medical Facilities Licensing Act, rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, and Chapter 845 of the Codified Ordinances of the City of Traverse City as they may be amended from time to time.

(2) All medical marihuana plants cultivated shall be contained within a fully enclosed locked facility inaccessible on all s ides and equipped with locks or other security devices that permit access only by the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Chapter 845 of the Codified Ordinances of the City of Traverse City or staff of the medical marihuana facility.

(3) Cultivation shall be conducted so as not to create dust, glare, noise , or light spillage beyond the parcel and shall not be visible from an adjoining public way. Lighting shall not be visible outside of the building fr@m sunset to sunrise.

(4) The smell of marihuana shall not be detectable beyond the parcel. (5) A 1\-fedical Marihuana Grower shall not be located within a 1,000-

foot radius from any existing school. (6) The Medical Marihuana Grower shall have at all times a valid and current

operating license issued by the State and the City of Traverse City under Chapter ,845 of the Codified Ordinances of the City of Traverse City.

(7) Except for a Medfr:al Marihuana Processor use as set forth in this section, no other medical marihuana facilities use shall occur on the parcel.

(8) No use or consumption of marihuana shall be allowed at the Medical Marihuana Facility

• Medical Marihuana Processor meeting the following requirements:

(1'1 The facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Chapter 845 of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;

Page 18 of 26

(2) A partition wall shall separate the Medical Marihuana Processor space from the Medieal Marihuana Grower space that must include a door, capable of being closed and locked between the Medical Marihuana Grower and Medical Marihuana Processor spaces.

(3) Except for Medical Marihuana Growers as set forth in this Sect10n, no ,other medical marihuana facilities use shall occui:_ on the parcel

( 4) Except for regulatory authorities, no persons other than the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Chapter 845 of the Codified Ordinances of the City of Traverse City or staff of the facility, shall be permitted within the Medical Marihuana Processor portion of the facility when Medical Marijuana is being processed.

(5) No use or consumption of marihuana shall be allowed at the Medical Marihuana Facility.

(6) A Medical Marihuana Processor shall not be located within a 1,000-foot radius from any existing school

(7) An owner or operator of a Medical Marihuana Processor shall not have been convicted of a felony involving controlled substances within the last 10 years .

(8) The Medical Marihuana Processor shall have at all times a valid and current operatmg license issued by the State and the City of Traverse City under Chapter 845 of the Codified Ordinances of the City of Traverse City

(9) All activities of a Medical Marihuana Processor shall be conducted within the building and out of public view.

( 10) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present.

• Medical Marihuana Safety Compliance Facility meeting the following requirements:

(1) The facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Chapter 845 of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;

(2) Except for regulatory authorities, no persons other than the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Chapter 845 of the Codified Ordinances of the City of Traverse City or staff of the facility, shall be permitted within the Medical Marihuana Safety Compliance Facility when Medical Marijuana is being processed.


Page 19 of 26

(4) A Medical Marihuana Safety Compliance Facility shall not be located within a 1 000-foot radius from any existing school

(5) An owner or operator of a Medical Marihuana Safety Compliance Facility shall not have been convicted of a felony involving controlled substances within the last 10 years.

(6) The Medical Marihuana Safety Compliance Facility shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Chapter 845 of the Codified Ordinances of the City of Traverse f'ity.

(7) All activities of a Medical Marihuana Safety Compliance Facility shall be conducted within the building and out of public view.

(8) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present.

• Medical Marihuana Secure Transporter meeting the following requirements:

(1) The medical manhuana facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Chapter 845 of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time.

(2) No other medical marihuana facilities use shall occur on the parcel. (3) No use or consumption ofmarihuana shall be allowed at the facility. (4) A medical marihuana secure transporter shall not be located within a 1.000-foot

radius from any existing school. This provision shall not apply while engaged in the operation oftransportmg as authorized by the Michigan Medical Facilities Licensing Act.

( 5) An owner or operator of a medical marihuana secure transporter shall not have been convicted of a felony involving controlled substances within the last 10 years.

(6) The medical marihuana secure transporter shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Chapter 845 of the Codified Ordinances of the City of Traverse City

• Metal slitting and shearing;

• Motor freight transportation and warehousing;

• Nurseries, retail;

• Offices, general, up to 5,000 square feet gross floor area on any site and/or building;

• Offices primarily serving industry in the district which clearly establish support services for permitted industries in the district;

• Parcel packing services;

Page 20 of 26

• Pet boarding or pet grooming services, provided that no building, open kennel or exercise runway is closer than 200 feet from an R-District;

• Places of Worship;

• Postal and delivery services;

• Pressure container filling;

• Primary metal industries, including smelting, forging and similar operations, subject to the following conditions:

( 1) The maximum lot size is 14 acres.

(2) No odors, smoke or noise from the use are likely to create a disturbance on neighboring public or private property.

• Retail outlets, if accessory to manufacturing use;

• Salvaging damaged merchandise not engaged in sales;

• Scrap steel cutting;

Sign painting and lettering shops;

• Solvents recovery services;

• Tape slitting for trade;

Testing and laboratory services;

Veterinary services for animal specialties provided that no building, open kennel or exercise runway shall be no closer than 200 feet from any R district;

• Vocational schools;

• Warehousing;

Weighing foods and other commodities;

• Wholesale trade - durable goods;

Wholesale trade - non-durable goods except livestock and wholesale live animals.

1358.01 - Uses allowed. (H)

(a) Master site facilities plan. When applying for a land use permit for H-2 District properties, the applicant shall present a Master Site and Facilities Plan for the current uses on all contiguous property owned by applicant and all anticipated uses within a minimum of the next 5 years. This plan shall show adjacent properties sufficiently to identify surrounding uses and potential impacts on them by the applicant's plan and shall conform to the requirements of Traverse City Code Section 1366.08.

(b) H-1 District. The following uses of land and buildings, together with accessory uses, are allowed in the H-1 Hospital District:

Page 21 of 26

• Community Gardens;

• Dormitories;

• Dwellings, multiple family, up to 29 dwelling units per acre;

• Group day care homes;

• Florists;

• Health services, including clinics of doctors and dentists;

• Hospitality houses;

• Medical marihuana collective meetiBg the followiBg reguiremems:

(I) Use and tnmsfer of medical marihuana shall comply at all times with the Michigan Medical Marihuana Act and the General Rules of the Michigan DepafffH:eflt of CoffiffiUnity Health, as they may be amended from time to time;

(2) Transfer of medical marihuana shall be only allovled to a Ej:Ualifying JJatieflt directly in JJersoH by his or her registered JJrim:ary caregiver or by aBether qualifying patieflt as allowed by the MichigaH Medical Marihuana Act and the General Rules ef the Michigaa Departm:ent of Community Health, as they m:ay be amended from time to time.

(3) The collective shall aet be ie eperatioa betv,re0t1 the hours of 10:00 p.m. aed 7:00 a:-m:-

(4) }Jo medical marihuaea cultivatioR shall occur oa the parcel.

(5) EKcept for pareats or guardians of a (l<lalifyiRg patiem and the ov,rRer er staff of the facility, persons other thaR a qualifyiRg patiem or primary caregiver shall be not permittecl vlithie the collective whee m:edical m:arihuana is beiRg transferred or USe&.-

(6) A q1:1alifying patient 1:1nder the age of 18 shall be accompanied by a parent or guardian and Rotice of s1:1oh shall be conspicuously posted.

(7) A medical marihllana collective shall not be located within a 1,000 foot radius from: any &isting school.

(8) A medical marihuana collective shall Rot be located withiR 1,000 feet from: another existing collective.

(9) An owRer or operator ef a medical marih1:1ana collective shall Rot ha•,•e beea convicted of a felony involviRg coRtrolled substances.

(10) The Bame aftd address ef all persoes vlith aft ownership iflterest iH the medical marihuana collective aHd all OJJerators of the medical marihua0a collective shall be l"rovided to the ZoHiRg Administrator at least 10 busiRess days prior to opening the medical marihuana collective and least 10 busieess days f)rior to v,rhen a new l"erson owes or operates the medical marih:aana collective.

Medical Marihuana Provisioning Center meeting the following requirements:

Page 22 of 26

(1) The medical marihuana facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Chapter 845 of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;



( 4) Except for parents or guardians of a qualifying patient and the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Chapter 845 of the Codified Ordinances of the City of Traverse City or staff of the medical marihuana facility, persons other than a qualifying patient or primary caregiver shall be not permitted within the Medical Marihuana Provisioning Center when Medical Marihuana is being transferred.

(5) No use or consumption of marihuana shall be allowed at the medical marihuana facility.

(6) The medical marihuana facility shall not be used by a physician to conduct a medical examination or issue a medical certification document for the purpose of obtaining a qualifying patient registry identification card under the Michigan Medical Marihuana Act.



(9) A Medical MariffilaH:a ProYisioning Center shall not be located 'Nithin 1,000 feet from another Meaieal Mar.huaH:a Provisioning Center or a Medical Marihl:lana Collective.

(10) An owner or operator of a Medical Marihuana Provisioning Center shall not have been convicted of a felony involving controlled substances within the last 10 years.

(11) The Medical Marihuana Provisioning Center shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Chapter 845 of the Codified Ordinances of the City of Traverse City.

(12) All activities of a Medical Marihuana Provisioning Center shall be conducted within the building.


Page 23 of 26

.• Medical Marihuana Safety Compliance Facility meeting the following regmrements:

(1) The facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Chapter 845 of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;

(2) Except for regulatory authorities, no persons ether than the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Chapter 845 of the Codified Ordinances of the City of Traverse City or staff of the facility, shall be permitted within the Medical Marihuana Safety Compliance Facility when Medical Marijuana is being processed.

(3) No use or consumption of marihuana shall be allowed at th.e Medical Marihuana Facility

( 4) A Medical Marihuana Safety Compliance Facility shall not be located within a 1,000-foot radius from any existing school


(6) The Medical Marihuana Safety Compliance Facility shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Chapter 845 of the Codified Ordinances of the City of Traverse City



• Residential care and treatment facilities.

The following uses, if they meet the requirements of an accessory use, except that they need not be in the same building or on the same lot:

• Duplicating, mailing, stenographic and office services no larger than 2,000 square feet gross floor area;

Schools for the handicapped;

• Educational services to the public related to health care;

• Financial institutions with no drive-throughs;

• Gift shops no larger than 2,000 square feet gross floor area;

• Orthopedic stores;

• Pharmacies no larger than 2,000 square feet gross floor area;

Page 24 of 26

• Places of worship;

• Recreational facilities;

Restaurants, family, fine and fast, under 2,000 square feet in gross floor

Area without drive-throughs or drive-ins;

• Social services;

• Veterinary services, without outdoor runs.

(C) H-2 District. The following uses of land and buildings, together with accessory uses, are allowed in the H-2 District

• H-1 District uses;

• Health services;

• Hospitality houses;

• Hospitals and medical centers;

Medical care facilities;

Parking structures, public or private, subject to the following standards:

(I) Parking structures shall be designed to have horizontal versus stepped or sloping levels at areas of public view. All ramping shall be concealed from public view.

(2) Openings shall not exceed 60 percent of the total wall surface. Openings shall be vertical or square.

(3) Sloped roofs are not required for parking structures, however:

a. The upper and lowest level of parking shall incorporate sufficient screening to shield cars from public view.

b. Parapet treatment is required to terminate the deck and give proper architectural finish to the structure. Cornices, overhangs and other devices which are consistent with the design of historical buildings may be employed.

(4) The design of parking decks shall be complementary to the design of historical buildings in the area.


The effective date of this Ordinance is the ____ day of ______ , 2018.

I hereby certify the above ordinance amendment was

introduced on , 2018, at a regular meeting of the City Commission and was enacted on

, 2018, at a regular meeting of - ----------the City Commission by a vote of Yes: ~ - No; _ at the

C01runission Chambers, Governmental Center, 400 Boardman A venue, Traverse City, Michigan.

Page 25 of 26

James Canuthers, Mayor


Page 26 of 26

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CITY OF TRAVER SE CITY, MI CHIGAN 8


ORDINANCE AMENDMENT NO. __ Effective date: --------

TITLE: Medical Marihuana Facilities amendment for Community Center (C-3), Regional Center (C-4), Hospital (H) and Industrial (I) Districts


That the Definitions, Section 1320.07; Uses Allowed, Section 1344.01 in the Community Center Chapter, the Uses Allowed, Section 1354.01 Industrial Chapter and the Uses Allowed, Section 1358.01 in the Hospital Chapter of the Zoning Code of the Traverse City Code of Ordinances, be amended to read in its entirety as follows:

1320.07 ~ Definitions.

As used in this chapter:

Abutting means a lot or parcel which shares a common border with the subject tot or parcel.

Accesso,y building means a building or strucb.Jre customarily incidental and subordinate to the principal building and located on the same lot as and spatially separated from the principal building.

Accessory dwelling unit means a smaller, secondary home on the same lot as a principal dwelling. Accessory dwelling units are independently habitable and provide the basic requirements of shelter, heating, cooking and sanitation. There are 2 types of accessory dwelling units:

(1) Accessory dwelling in an accessory building (examples include converted garages or new construction).

(2) Accessory dwelling that is attached or part of the principal dwelling (examples include converted living space, attached garages, basements or attics; additions; or a combination thereof).

Accessory use means a use customarily incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use.

Adult foster care family home means a private residence with the approved capacity to receive not more than 6 adults who shall be provided foster care for 5 or more days a week and for 2 or more consecutive weeks. The adult foster care family home state licensee shall be a member of the household and an occupant of the residence.

Adult foster care small group home means a state licensed adult foster care facility with the approved capacity for not more than 12 adult residents to be provided foster care.

Affordable housing means housing units for eligible low-income households where the occupant is paying no more than 30 percent of gross income for housing costs.

Aggrieved person means a person who has suffered a substantial damage from a zoning decision not in common to other property owners similarly situated, and who has actively opposed the decision in question.

Airport terminal means the main passenger location of an airport and includes all office, hotel and retail uses commonly occurring at such locations.

Alley means a way which functions primarily as a service corridor and provides access to properties abutting thereon. "Alley" does not mean "street."

Alteration means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building, such as walls or partitions, columns, beams or girders.

Basement means that portion of a building which is partly or wholly below finished grade, but so located that the vertical distance from the average grade to 1he floor Is greater than the vertical distance from the average grade to the ceiling. A basement, as defined herein, shall not be counted as a story (see Figure 1-1 ). A cellar is a basement.

Berm means a constructed mound of earth rising to an elevation above the adjacent ground level of the site where located which contributes to the visual screening of the area behind the berm.

Page 1 of 18

Block means a unit of land bounded by streets or by a combination of streets and public land, railroad rights-ofway, waterways or any other barrier to the continuity of development.

Block, face. "Face block" means that portion of a block or tract of land facing the same side of a single street and lying between the closest intersecting streets.

Boat house means an enclosed or partially enclosed structure designed for the use and storage of private watercraft and marine equipment.

Boat livery means any structure, stte or tract of land utilized for the storage, servicing, docking or rental of watercraft for a fee.

Brew pub means a facility as defined such by the State of Michigan.

Building means any structure designed or built for the enclosure, shelter or protection of persons, animals, chattels or property of any kind.

Building, height of. See "height of building.•

Building, principal. "Principal building" means a building within which is conducted the main or principal use of the lot upon which it Is located.

Cemetery means property, including crematories, mausoleums, and/or columbariums, used or intended to be used solely for the perpetual interment of deceased human beings or household pets.

Clinic means an establishment Where human patients Who are not lodged overnight are admitted for examination and treatment by a group of physicians or dentists or similar professions.

Club means an organization of persons for special purposes or for the promulgation of sports, arts, science, literature, politics, agriculture or similar activities, but not operated for profit and open only to members and not the public.

Cluster means a development destgn technique that concentrates building on a portion of the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

Communication antenna means a device, dish or array used to transmit or receive telecommunications signals mounted on a communication tower, building or structure that is greater than 1 square meter in a residential district or 2 square meters in a non-residential district. Antenna does not include federally-licensed amateur radio station, television or radio receive-only antennas or antennas used solely for personal use. Communication antennas are not "essential services," public utilities or private utilities.

Communication tower or tower means any structure that is primarily designed and constructed for the purpose of supporting 1 or more antennas for telecommunications, radio and slmllar communication purposes, Including selfsupporting lattice towers, guyed towers, or monopole towers. The teim includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. Communication towers are not "essential services," public utilities or private utilities.

Communffy garden means a parcel gardened collectively by a group of people.

Convenience store means a retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

Country club. See "golf course."

Crematories means a building or structure, or room or space in a building or structure, for the cremation of deceased persons or deceased household pets.

Critical root zone means a circular area surrounding a tree, the radius of Which is measured outward from the trunk of a tree 1 foot for each 1 inch of diameter at breast height. The critical root zone sha!l also extend to a depth of 4 feet below the natural surface ground level.

Cultural facilities means facilities for activities for the preservation and enhancement for the cultural well-being of the community.

Development means all structures and other modifications of the natural landscape above and below ground or water on a particular site.

Diameter at breast height means the diameter of a tree trunk in inches measured by diameter at 4.5 feet above the ground.

Page 2 of 18

...., I

e District means a section of the City for which the zoning regulations govemfng the use of buildings and premises, the height of buildings, setbacks and the intensity of use are uniform.

Drive-in means an establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.

Drive-through means an establishment which by design, physical facllitles, service, or by packaging procedures encourages or pelllllts customers to receive service or obtain goods Intended to be consumed off-premises.

Dripline means an imaginary vertical line extending downward from the outermost tips of the tree branches to the ground.

Driveway means a means of access for vehicles from a street, approved alley, across a lot or parcel to a parking or loading area, garage, dwelling or other structure or area on the same lot.

Driveway, service means a point of access solely for the use of vehicles deslgned to load and unload trash receptacles 3 cubic yards or more in size.

Dwelling means any building or portion thereof which is designed for or used exclusively for residential purposes and containing 1 or more dwelling units.

Dwelling, multiple family. "Multiple family dwelling" means a building or portion thereof containing 3 or more dwelling units and designed for or occupied as the home of 3 or more families living independently of each other.

Dwelling, single-family. "Single-family dwelling" means a detached building containing 1 dwelling unit and designed for or occupied by only 1 family.

Dwelling, two-family. "Two-family dwelling" means a building designed for or occupied exclusively by 2 families living independently of each other.

Dwelling unit means 1 or more rooms with bathroom and principal kitchen facilities designed as a self-contained unit for occupancy by 1 family for living, cooking and sleeping purposes. The existence of a food preparation area {such as a sink and appliances to heat and refrigerate food) within a room or rooms shall be evidence of the existence of a dwelling unit.

Eligible household means a household meeting the income criteria included in Chapter 1376, with income detellllined in a manner consistent with determinations of lower-income households and area median Income under Section 8 of the U.S. Housing Act of 1937, as amended (S action 8 Housing Program).

Eligible housing nonprofit means a 501(c)3 nonprofit housing organization with the means and capacity to guarantee and enforce long-term affordability of affordable housing units meeting the requirements of Chapter 1376.

Emergency shelter means a facility operated by a governmental or nonprofit agency where supportive services and shelter are offered to homeless persons.

Erected means built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavations, fill, drainage and the like, shall be considered a part of erection when done in conjunction with a structure.

Essential services means the installation, construction, alteration or maintenance by public utilities or governmental agencies of underground, surface or overhead telephone, electrical, gas, steam, fuel, or water distribution systems, collections, supply or disposal systems, streets, alleys, sidewalks, or trails, including pavement, traffic control devices, signs, poles, wires, mains, drains, sewers, pipes, conduits, cables, padmount transformers, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utiltties or governmental agencies for the general public health, safety, convenience or welfare. "Essential services" do not include communication antennas and communication towers.

Essential service-structures. The erection, construction, alteration or maintenance by public utilities or governmental agencies of structures not in the right-of-way over 800 cubic feet in area including, but not limited to, towers, transmission and subtransmlsslon facilities, or buildings related to essential services in all districts.

Facade means the exterior wall of a building exposed to public view.

Family means 1 or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or maniage, as distinguished from perwns occupying a boarding house, lodging house or hotel.

Fence means a constructed barrier made of wood, metal, stone, brick or any manufactured materials erected for the enclosure of yard areas.

Page 3 of 18

e Flood plain, 100-year. "100-year flood plain" means the lowland areas adjoining Inland and coastal waters which

are identified on Floodway Maps produced by FEMA (Federal Emergency Management Agency) and which are estimated to have a 1 percent chance offloading in a given year.

Floor area . See "a gross floor area."

Frontage means the total con tin uo us width of the front lot line.

Golf course/country cfub means any golf course, public or private, where the game of golf is played, including accessory uses and bufldlngs customary thereto, but excluding golf driving ranges and miniature golf courses as a principal use.

Grade means:

(1) For buildings having walls adjoining 1 street only: the elevation of the public sidewalk, top of curb, or centerline of the street right-of-way, whichever is closest to the building, where a building wall adjoins a street.

(2) For buildings having wafls adjoining more than 1 street: the average elevation of the sidewalks, curbs or centerlines of streets, whichever is closest to the building waits adjoining the streets.

(3) For buildings having no wall adjoining the street: the average of the lowest and highest ground surface elevations in an area within 6 feet of the foundation line of a building or structure. Any building or structure wall within 35 feet of a publrc or private street shall be considered as adjoining the street. (See Figure 1-2.}

Greenbelt means a strip of land of definite width and location upon which existing vegetation is preserved or an area is reserved for the planting of living plant materials to serve as an obscuring screen or buffer strip in carrying out the requirements of this Code.

Grocery store means a retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Gross floor area (GFA) means the sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating 2 buildings, but excluding any space where the floor-to-ceiling height Is less than 6 feet.

Height of buifding means the vertical distance from the grade to the highest point on a mansard or flat roof or to the median height between the eaves and the ridge for gable, hip and gambrel roofs. (See Figure 1-3).

Home occupation means an accessory use of a dwelling unit for business purposes.

Impervious surface means any material which prevents, impedes or slows infiltration or absorption of etorm water directly into the ground at the rate of absorption of vegetation bearing soils, including building, asphalt, concrete, gravel and other surfaces.

Impervious surface ratio means the area of impervious surface less those areas used exclusively for pedestrian circulation or outdoor recreational facilities divided by the gross site area.

Kennel means any lot or premises used for the sale, boarding, or breeding of dogs, cats or other household pets or the keeping of 5 or more dogs or cats in any combination over the age of 6 months.

Land clearing means:

(1) The clearing of over 8,000 square feet of vegetation from any site, or

(2) The removal of more than 20 trees more than 6 inches in diameter et breast height within 50 feet of a pubtic or private street or river.

Mowing, trimming or pruning of vegetation to maintain it in a healthy, viable condition is not considered land clearing.

Landing area means a landing pad, area, strip, deck or building roof used to launch or receive aircraft, Including, but not limited to, power-driven winged or delta-winged aircraft, gliders, balloons and helicopters.

Landscaping means some combination of planted trees, vines, ground cover, flowers or turf so Jong as a minimum of 80 percent of the landscape area Is covered by living plant material. In addition, the combination or design may include rock ground cover, earth mounds, and such structural features as fountains, pools, art works, screens, walls, fences and benches.

Laundromat means a business that provides home-type washing, drying and/or ironing machines for hire to be used by customers on the premises or operated for the benefit of retail customers who bring in and call for laundry.

Page 4 of18

Lodging facility means a commercial establishment with 1 or more buildings whose primary use is to provide temporary overnight accommodations within individual guest rooms or suites to the general public for compensation. Accessory uses may include eating places, meeting rooms and other similar uses.

Lot means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including 1 principal building together with accessory buildings, open spaces and parking areas required by this Zoning Code, and having its principal frontage upon a street or upon an officially approved private street. The word "lot includes the words "plot," ·tract" or "parcel.·

Lot, corner. "Comer lot" means a lot which has at least 2 contiguous sides abutting on and at the intersection of 2 or more streets.

Lot of record means a lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat.

Lot, through. "Through lot" means an interior lot having frontage on 2 more or less parallel streets.

Lot width means the horizontal distance between side lot lines measured parallel to the front lot line at the minimum required front setback line.

Manufacturing means the production of articles for use from raw or prepared materials by giving these materials new forms, qualities, properties or combinations, whether by hand labor or machine.

Market, municipal. "Municipal marker means a publicly owned and operated building or space where vendors offer a wide range of different products from open stalls.

Marina means a commercial mooring, berthing, or docking facility for watercraft with or without provisions for launching, haulout, servicing, fueling or sales of accessory supplies.

Medical marihuana means marihuana as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq. grown, used, or transferred for "medical use" as defined by the Michigan Medical Marihuana Ad., MCL 333.26421 et seq.

M8di681 IRafil:luaRa GQ'leGtiw meaA& a use l.l.lf:lere MeElisal MaFil'IYaAa is traAsfer:reEI, pYFSYaRt te tl:te MishigaR MeElisal MaFihuaRa Ast., MCb 333.26421 et seq.

Medical marihuana cultivation means a use where Medical Marihuana is grown as permitted by the Michigan Medical Marihuana Act. , MCL 333.26421 et seq.

Medical marihuana facility means a location at which a person is licensed to operate under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Section __ of the Codified Ordinances of the City of Traverse City and operates as a Medical Marihuana Grower, Medical Marihuana Processor, Medical Marihuana Secure Transporter, Medical Marihuana Provisioning Center, or a Medical Marihuana Safety Compliance Facility.

Medical marihuana G!HfivatiSR fasi.'J#y grower means a use where a person holding a state operating license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Section __ of the Codified Ordinances of the City of Traverse City cultivates, dries, trims, or cures and packages medical marihuana for sale to a processor or provisioning center mare tl:taR 72 plaAls are heiRg GYltivateEI aR a paR:lel.

Medical marihuana provisioning center means a use where a person holding a state license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Section __ of the Codified Ordinances of the City of Traverse City purchases medical marihuana from a Medical Marihuana Grower or Medical Marihuana Processor and commercially sells, supplies, or provides medical marihuana to registered qualifying patients as defined in the Michigan Medical Marihuana Act, MCL 333.26241 et seq, directly or through the registered qualifying patients' registered primary caregiver. Medical Marihuana Provisioning Center includes any property where medical marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A residential location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the Michigan Medical Marihuana Act, MCL 333.26241 et seq, is not a Medical Marihuana Provisioning Center.

Medical marihuana processor means a use where a person holding a state license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Section __ of the Codified Ordinances of the City of Traverse City purchases medical marihuana from a Medical Marihuana Grower and extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged fonn to a Medical Marihuana Provisioning Center.

Page 5 of 18

Medical marihuana safety compliance facility means a use where a person holding a state operating license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Section __ of the Codified Ordinances of the City ofTraverse City takes medical marihuana from e marihuana facility or receives medical marihuana from a registered primary caregiver, tests the medical marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the medical marihuana to the marihuana facility.

Medical marlhuana secure transporter means a use where a person holding a state license under the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and a Marihuana Facility license under Section __ of the Codified Ordinances of the City of Traverse City stores medical marihuana and transports medical marihuana between Medical Marihuana Facilities for a fee.

Microbrewery means a facility as defined as such by the State of Michigan.

Non-conforming use means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

Nursing home. See "residential care and treatmen1 facility."

Open space, common. "Common open space" means land within or related to a development, not individually owned that is designed and Intended for the common use or enjoyment of the residents and their guests of the development and may include such complementary structures and improvements as are necessary and appropriate.

O{J91:al9f 9f med.iGal maFifwaRa Gal!6Gtii.te meaAs aAy peRi8R •Nt:ie is empleyed by er alher:vlise iAl/8lved IA the epei:atieR ef a Medi&al Marih11aRa Callestive.

Ordinary high wafer mark means the line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distincUy from the upland and is identified along Grand Traverse Bay and the lower Boardman River as elevation 581.04 feet USGS.

Owner means any person having an ownership interest in a premises as shown on the latest Traverse City tax records.

Parcel . See a "lot:

Parking area means any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, driveways and legally designated areas of public streets.

Parking area, commercial. "Commercial parking area" means a tract of land which is used for the storage of motor vehicles, which is not accessory to any other use on the same or any other lot and which contains parking space rented to the general public or reserved for individuals by the hour, day, week or month.

Parking area, off-street. "Off-street parking area" means a land surface or facility providing vehicular parking spaces off of a street together with drives and maneuvering lanes so as to provide access for entrance and exit for the parking of motor vehicles.

Parking area, private. "Private parking area" means a parking area for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located or their customers, employees, or whomever else they permit to use the parking area.

Parking area, public. "Public parking area" means a publicly owned or controlled parking area available to the public, with or without payment of a fee.

Parking space means an area of land provided for vehicles exclusive of drives, aisles, or entrances giving access thereto, which is fully accessible for parking of permitted vehicles.

Parking structure means a building or structure consisting of more than 1 level and used to store motor vehicles.

Pavement. "Pavement• and "paved" mean permanent and completely covered with concrete, a bituminous surface, brick or other surface approved by the Planning Director.

Pedestrian scale means design and construction considerations based upon the scale of a human being which imbue occupants and users of the built environment with a sense of comfort and security.

Person means a corporation, association, partnership, trust. firm or similar activity as well as an individual.

Page 6 of 18

Place of worship means a bullding wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose.

Planning director means the head of the City Planning and Zoning Department or the designee of that person.

Plat means a map of a subdivision of and recorded with the Register of Deeds pursuant to state statute

Primary caregiver means a primary caregiver with a registry identification card as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Public utility means any person, finn or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public; gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.

Qua/ffying patient means a qualifying patient with a registry identification card as defined by the Michigan Medical Marihuana Act., MCL 333.26421 et seq.

R-Distrlct means a residence district, namely an RC, R-1a, R-1 b, R-2, R-9, R-15, and R-29 district.

Recreational facilities means buildings, or grounds, excluding amusement parks, where a variety of sport or exercise activities are offered.

Recreational vehicle means a vehicle primarily designed and used as a temporary living quarters for recreational, camping, or travel purposes including a vehicle having its own motor power or a vehicle mounted on or drawn. by another vehicle.

Residential care and treatment facility means a facility providing:

(1) Services, programs and temporary shelter for residents who are undergoing alcohol or substance abuse rehabilitation;

(2) Temporary emergency shelter and services for battered individuals and their children In a residential structure.

Restaurant, family means an establishment where food and drink are prepared and served to seated customers. Customer turnover rates are typically less then 1 hour. Generally, these establishments serve breakfast, lunch, and dinner and sometimes are open 24 hours a day. It may include cafeteria-style facilities.

Restaurant, fast food means an establishment where food and drink are served to customers at a counter. Such establishments may or may not have seating facilities. Generally, food and drink is ordered and taken to be consumed outside the restaurant building.

Restaurant, fine means an establishment where food and drink are prepared and served. Customer turnover rates are typically 1 hour or longer. Such establishments serve dinner but generally do not serve breakfast and may or may not serve lunch or brunch.

Right-of-way means a public or private street, alley or easement permanently established for the passage of persons or vehicles.

Rooming house means a residential building where rooms or suites of rooms are rented where the renters use common facilities, such as hallways and bathrooms. A rooming house shall not Include lodging facilities, apartment houses, 2 and multi-family dwellings or fraternity and sorority houses.

School means an educational Institution under the sponsorship of a private or public agency providing elementary or secondary curriculum, and accredited or licensed by the State of Michigan; but excluding profit-making private trade or commercial schools.

Screen means a structure providing enclosure and a visual barrier between the area enclosed and the adjacent property. A screen may also be non-structured, consisting of shrubs or other growing materials.

Screen, opaque means a masonry wall, fence sections, earthen berm, evergreen hedge or a combination of these elements which completely interrupt visual contact and provide spatial separation.

Setback means the distance required between a lot line and a building wall.

Setback, front. A front setback means the minimum required distance, extending the full lot width, between the principal building and the front lot line.

Page 7 of18

Setback, rear. A rear setback means the minimum required distance, extending the full lot width, between the principal and accessory buildings and the lot line opposite the front line.

Setback, side. A side setback means the minimum required distance, extending from the front setback to the rear setback, between the principal and accessory building and the side lot line.

Site diagram means a drawing, drawn to scale, showing the location of buildings and structures on a lot, as well as driveways, curb cuts, alleys, streets, easements and utilities. See Appendix 1, Figure 1-4.

Site plan means a plan showing all salient features of a proposed development, so that it may be evaluated in order to determine whether it meets the provisions of this Code.

Stop work order means an administrative order which directs a person not to continue, or not to allow the continuation of an activity which is in violation of this Code.

Street means any public way, such as a public street, avenue or boulevard, at least 16 feet wide. Street does not mean "alley." See also "Private street."

Street, access. "Access street" means a street or alley designed primarily to provide access to properties.

Street, arterial. "Arterial street" means a street designed to carry high traffic volumes through the community.

Street, collector. "Collector street" means a street designed to carry moderately high traffic volumes from arterial and access streets.

Street, private. "Private street" means an officially approved thoroughfare, other than a public street or alley, permanentJy reserved as the principal means of access to abutting property.

Structural alterations means any change in a building requiring a building permit.

Structure means anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground, including, but not limited to, freestanding signs, billboards, back stops for tennis courts and pergolas.

Tourist home means a single-family dwelling owned and occupied by a person renting out not more than 3 rooms for compensation to persons who do not stay for more than 7 consecutive days.

Townhouse means a multiple dwelling in which each dwelling unit shares a common wall with at least 1 other dwelling unit and in which each dwelling unit has living space on the ground floor and has a separate ground-floor entrance.

Trailer means any enclosure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings, and which has been or reasonably may be equipped with wheels or devices for transporting the enclosure from place to place. "Treiler" includes motor homes, travel trailers and camper vans.

Transit center means a fixed location where passengers interchange from 1 route or vehicle to another that has significant infrastructure such as a waiting room, benches, restrooms, sales outlet, ticket or pass vending machines and other services.

Transitional housing means a facility which is operated by a government or a nonprofit agency providing interim sleeping and bath accommodations; interim eating and cooking facilities: and professional services to assist individuals or families in locating permanent housing.

Treefawn means the area of public right-of-way lying between the curb line of a curbed street or developed travelway of a noncurbed street and the nearest private property Jina substantially parallel to said street.

Trip end means the total of all motor vehicle trips entering plus all motor vehicle trips leaving a designated land use or building over a given period of time.

Vacation home rental means a commercial use of a dwelling where the dwelling is rented or sold for any term less than 30 consecutive days.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Zoning Code.

Yard, front. "Front yard" means all land extending across the width of a property and lying between the building line and the front lot line.

Page 8 of 18

Yard, rear. "Rear yard" means all land extending across the width of the property and lying between the building and the rear lot line.

Yard, side. "Side yard" means all land lying between a principal building and the side lot lines and extending from the front to the rear of the principal building.

Zoning Code means Part 13, Title One of the Code of Ordinances of the City of Traverse City and includes the text of this Zoning Code as well as all maps, tables, graphics, schedules as included or attached as enacted or subsequently amended.

1344.01 • Uses allowed. (C-3)

The following uses of land and buildings, together with accessory uses, are allowed in the Community Center District:

HR District uses;

C-2 District uses;

• Amusement and recreation services (see mechanical amusement arcades below);

Communication establishments;

Contractors, with no outside storage;

Drinking places with entertainment;

Equipment rental and leasing;

Finance services, including those having drive throughs subject to the standards of Section 1374.06, drivethroughs;

Kennels, provided no that no building, open kennel or exercise runway is closer than 200 feet from a Residential District;

Mechanical amusement arcades subject to the following:

(1) All necessary licenses are obtained and maintained.

(2) There is in physical attendance at all times of operation a minimum of 1 adult employee whose sole responsibility is to supervise the conduct of patrons on or near the premises.

(3) Suitable ventilation, fire protection measures and adequate lighting inside and outside the premises are provided for the safety of patrons and the public as required by the Fire Marshal.

(4) One bicycle rack per mechanical amusement device is provided on-site and located subject to the approval of the Planning Director.

(5) There is not more than 1 arcade in a face block, and in no case shall an arcade be located closer than 600 feet to any existing arcade or amusement park.

MeElisal maFil'lYaRa sellestive meetiAg ti=le fellewiRg reEjYireA'leRts:

( 1) blse aREI traAsfer et MeElisal MaFihYaAa shall se1Rply at all ti1Res witi=I the MishigaA MeElisal MaFihYaAa Ast aAd ll'le GeAeiul RYies ef the Misl'ligaA DepartA:leAt et CelRR'IYAil)• Mealth, as tf:ley may be aR'18REleEI freR't time le tiR'te;

(2) TfaAsfer ef meElisal maFif:IYaAa sf:lall be eRly all9V/8EI le a EIYalifyiAg patieAt Elireslly iA peR.eA hy his er f:ler registered pFiR'lar:y saF0gi•,ier er hy aAetf:ler EjlfalifyiAg patieAt as alleweEI by ti=le Misl:iigaA MeElisal MaFil'lYaAa Ast aAEI the GeReral R1.1les ef the MistiigaR DepaAmeRt ef CeR'IR'IYRily Health, as tl:iey A'lay be am0AEleEI freA'I time le time.

(3) Tl'le Gellestive sl:iall Aet be iR eper:alieR betv,eeR U=te f:layrs ef 10:QQ p.R'I. aAEI 7:QQ a .m.

(4)

(5)

l>la meEliGal maFif:IYaRa s1:11tivatiaR sl:iall 8661:1r eA tl=le paFGel.

i;:i~sept fer pareRts er gYarEliaAs af a qyalifyiAg patieRt am:I the e•,•mer er staff ef the fasilit:y, parsaAs ether thaR a EjYalifyiRg patieRt er primaFY saregiver sf:lall he Rat pel'R'litteEI witf:liR tl'le sellestive wheR meElisal mal'ihYaRa is heiRg traRsfeFJeEI er YseEI.

Page 9 of 18

(6) A E11:1alifyiR9 patieRt 1:1REler the age ef 18 shall be assempaRieEI tly a pareRt er g1;1aRjiaR aREI Ratise ef swsl:I shall tie G8RSpiG1:101;1sly pesteel.

(7) A FRBElisal maril:l1:1aRa selleGtive shall Rat be lasateEI 'NithiA a 1,000 f.aat raelills fl:em aAy existiAg 66he8I,.

(8) A medisal maFih1:1aRa Gellesti11e shall Rat tie lasateEI withiR 1,000 feet ff:8m aAather eKistiRg salleGti1!8 er a Meelisal MaFihuana PrevisieRiAg CeAter.

(9) P.R awAer er aperater at a meEliGal marit:11:1aRa Gelleetive sl:lall net ha~ beeA GaAviGteEl ef a feleRy iRVGIIJiRg 68AlffllleEI Sl:l9&laAG8S.

(10) Tl:te Rama aAEl aelelre66 ef all peF68R& with an 9\~ership interest iR the meelisal FRaFih1:1aAa Gelleetive aAEI all eperateFS ef the FReElieal maFih1:1aAa ealleGti,.ie sl:lall be pFBviEleEI te the .lGRiR{J AElministrater at least 1 g hll&iRe66 days pFier ta apeRIRg the mediGal maFil:l1:1aRa eelleGtive and least 10 b1:1siAess day.s prier ta '.'lf::leR a new peFSBR eWR& er eperates the medisal maFil:l1:1aRa Galleeti•.<e.

( 11) The smell af maril:l1:1aAa sl:lall A9t be detBGtable e1:1tsil'le ef the partieR ef a Ry slr:YGlYFB where mar-ihi:,aAa is preseRt.


( 1) The medical marihuana facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Section __ of the Codified Ordinances ofthe City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;



( 4) Except for parents or guardians of a qualifying patient and the person holding a license under the Michigan Medical Marihuana Faclfities licensing Act and Section __ of the Codified Ordinances of the City ofTraverse City or staff of the medical marihuana facility, persons other than a qualifying patient or primary caregiver shall be not permitted within the Medical Marihuana Provisioning Center when Medical Marihuana is being transferred.

( 5) No use or consumption of marihuana shall be allowed at the medical marihuana facility.




(9) A Medical Marihuana Provisioning Center shall not be located within 1,000 feet from another Medical Marihuana Provisioning Center er a Mel'lieal Mar-ihuaAa Cellesti•,e.

{10) An owner or operator of a Medical Marihuana Provisioning Center shall not have been convicted of a felony involving controlled substances within the last 10 years.

( 11) The Medical Marihuana Provisioning Center shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Section __ of the Codified Ordinances of the City of Traverse City.


( 13) The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present.

Microbrewery;

Motorized vehicle dealers, mobile home dealers, watercraft dealers and recreational vehicle dealers subject to the following conditions:

Page 10 of 18

(1) All outdoor display and storage in front or on the side of a building shall meet landscape requirements for pari<ing areas.

(2) Outdoor display areas shall be differentiated from pari<ing areas using contrasting surface material and shall be designated on a site plan.

(3) Any display platforms shall not be elevated more than 3 feet higher than the adjacent public right-ofway.

• Personal services, including those having drive-throughs subject to the standards of Section 1374.06, drivethroughs;

• Pet boarding or pet grooming services, provided that no building, open kennel or exercise runway is closer than 200 feet from an R-District.

Printing ( commercial);

Repair services, miscellaneous;

Restaurants, family, fine and fast, including drive-ins and drive-throughs accessory to an on-site, indoor, full service restaurant and including the parking requirements of Chapter 1372, landscaping and Section 137 4.06, drive-throughs;

Retail trade;

Service stations and repair shops (except tire retreading) with or without fuel dispensing;

Theaters, except outdoor;

Vehicle wash facilities subject to the following standards:

(1) Customer stacking space shall be provided at a rate of 3 spaces per bay or wash area for a stationary-type (coin-operated) system, and 8 spaces per bay for an automatic system.

(2) Customer stacking spaces shall be located and arranged to preclude obstruction of traffic flow on the public right-of-way or overhang and the public sidewalk.

(3) Grates the full width of the driveway shall be provided at the exits to intercept and collect excess water and prevent its spread onto the public right-of-way.

(4) A 35-foot setback is required from the property line where the primary exit for the vehicle was facility is made. All other setbacks shall conform to the district requirements.

(5) All operations connected with this facility shall be conducted within the buildings, except for vacuuming, so as to minimize the effect of noise and moisture on surrounding areas.

(6) Where an auto wash is adjoining residential property or is separated from such property by a public alley, there shall be provided a continuous decorative screenwall of not less than 5 feet or more than 6 feet in height.

(7) Ingress and egress shall be on an arterial or collector street, except where the Planning Commission determines public welfare or safety would be best served by allowing other means of ingress or egress.

Veterinary services, provided that no building, open kennel or exercise runway is closer than 200 feet from a R-District;

Warehousing.

1354.01 - Uses allowed. (I)

The following uses of land and buildings together with accessory uses are allowed in the Industrial District:

GP District uses;

C-2 District uses meeting the setbacks (§1342.02), building height (§1342 .06) and special requirements (§1342.09) of the C-2 District and shall not open to the public between the hours of 10:00 p.m. and 6:00 a.m.

C-2 District uses in the Airport Industrial Par1< and Traversefield Enterprise Place is limited to existing buildings more than 5 years old, based upon the date of the initial certificate of occupancy issued. Minor

Page 11 of 18

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additions are allowed provided the addition is for barrier free access, fire safety or to improve the energy efficiency of the building;

Auto repair;

Communicatlons establishments;

Construct1on, special trades;

Contractors;

Contractors, heavy construction;

Crematories provided the use is at least 500 feet from a Residential Zoning Disbict, public park or school as defined by the Zoning Code;

Cutting plastics, leather, etc;

Equipment rental and leasing, miscellaneous;

Fuel dealers;

Funeral services;

Gas systems;

Kennels for boarding provided that no building, open kennel or exercise runway shall be located closer than 200 feet from any R District;

Lumber yards-Retail;

Manufacturing or processing of:

(1) Apparel and other finished products made from fabrics and similar materials;

(2) Bakery products;

(3) Beverages;

( 4) Canned, frozen and preserved fruits, vegetable and food specialties;

(5) Dairy products;

(6) Electronic and other electrical equipment and components;

(7) Fabricated metal products, except machinery and transportation equipment and except ordnance and accessories;

(8) Food preparations and kindred products-miscellaneous;

(9) Furniture and fixtures;

(10) Grain mill products;

(11) Industrial and commercial machinery and computer equipment;

(12) Leather and leather products (finished), except leather tanning and finishing;

( 13} Lumber and wood products, excapt furniture, .vood preserving and reconstituted wood products;

( 14) Manufacturing industries-miscellaneous;

(15) Measuring, analyzing and controlling instruments, photographic, medical and optical goods, matches and clocks;

(16) Printing, publishing and anted industries;

(17) Stone, clay, glass and concrete products, except asbestos products;

(18) Sugar and confectionery products;

Medical marihuana cultivation facility meeting the following requirements:

(1) Medical marihuana cultivation shall comply at all times with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time.

Page 12 of 18

(2) All medical marihuana plants cultivated by each primary caregiver or qualifying patient shall be contained within a fully enclosed locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the primary caregiver or the qualifying patient.

(3) Cultivation shall be conducted so as not to create dust. glare, noise, odors, or light spillage beyond the parcel and shall not be visible from an adjoining public way.

( 4) A Medical marihuana cultivation facility shall not be located within a 1,000-foot radius from any existing school.

(5) A Medical marihuana cultivation facility shall register for a business license with the City Clerk and if the applicant is not the owner of the parcel, such license application shall include the property owners' consent to the use of the parcel as a medical marihuana cultivation facility.

(6) No transfer of medical marihuana shall occur except marihuana plants pursuant to the Michigan Medical Marihuana Act.

Medical marittuaQ.a groW_er meetirni the following requirements:

(1) The rriedical' iharihuana facility and use shall ~.PJY at ail times with the Miet\Jgan Me'dlcaf Facilities ~k;ensing M}, rules promulgated pursw1nt to the Michigan Medical Marihuaria Facilities licensi!}g M, and ~ __ of the eod1fied Ordinances of1he City ofTnwense Cty as 1hey may be ~nde.d rrtJm time to time.

t2) All mec:tlcaf marihuana plants cu1tlvate<\t sflall be contained within a fully enclosed locked facility Inaccessible on all skies aAd equipped with locks or other sec,urltY ~e\tlces th;ilt permit access only bythe person holding a llcensb under the _ ~ichlgan f.Aedlcal Marihuana Facillt1es Licensing Act and Sett.ion __ 9f the podlfied Ordlnan~ of the City of Tr~y~rse C!!Y or staff Qf 1'1~ m~diC;al mar'lhuana facility.

(3) Cultivation shall be conducted so as npt to create dust, glare, ~lse, or light ~P,Ulage -~~ond the parcel and shaH n})t be visible from an adjolh1ng publtgway. Lighting shall not be visible outside of the building frem sunset to su.nfi_)e.

[4) The smell of marihuana shall not be detectable beyond the parcel. [5) A Medical Marihuana Grower shall not t>~ locateQ within a 1,000-Joot radius from

~my existing school. (6) !h8 Medical Marihuana Grower shall have at all times a valid and current operating litef'lse ~

~ the State find the Cit:y ofTrayerse City u~r, Section __ of the~ed Or!:i!Jlances of the Qity of Traverse <City.

(7) Except for -a l\1edlcal Marihuana Processor use as set f~ In thls section, np other medical marlhuana faclNtles use shall occur on the parcel.

(8) No use or COfl!IIJmption of marihuana Shel be alk)wed at lhe Medical Marihuana Faclllty.

~ Medical Marlhua.nJl Processor meeting the followlng requirements:

( 1) The facili~ antf use shall comply at all ii mes with the Michigan Medical Marihuana Facilities Jl,icensing Act, Section __ of the Codified Ordinances of the City of Traverse G:ity, and the rules promulgated pursuant to the Michigan Mec:11981 Marihuana Facilities .licensing A/::t, as they may be amended from time to time;

(2) -A partition wall shall separate the Medical Marlhuana Processor space from the Medical Marlhuana, Grower space that must include a door, capable of being closed and locked b~tween the Medical Marihuana Grower and Medical Marihuana Processor spaces.

(3) Except fQr Medical Marihuana Growers as set forth in this Section, no other medical marihuan~ facilities use shall occur on the parcel.

(4) Except fo,r regulatory authorities, no persons other than the person holding a license \Jnder the t,4ich'igan Medical Marihuana Facilities licensing Act and Sectio.n __ of the Podified Ordinances of the City of Traverse City or staff of the facJlity, shall be permitted ~lthln the Medical Marlhuana Processor portion of the faclllty when Medical Marijuana is being processe<;I.

(5) No use oru::onsumption of marihuana shall be allowed at the MediGal Marihuana Facility.

(6) A Medical Marihuana Processor st\all not be located within a 1,000-foot radius from any existing s~hool

Page 13 of18

[7) Ao owneI or. oferatY>t. of a ·~lj{JpaJ Maflttusna Noi:elso inalf riof:'j,:t.Y~.P.f!~to ~_c;>li~lcj~a f.l!Jm911v. .IDY.<ll~ltiJJ ~rnr~!lalf a~Jnttttn9H .wutdri . b~J~~.t 10 y~;

ts), Tr e·M·:·e!al J.larlH,oaria.Pr,o.cesso s. t.iiffl:iave araJr mel ·a vana en . cur-renl oJ>er.a1Ti.,.g IJceqp i! Ulld by thJ3,State a'nd fhe 8-ity of Trav l!H:.C.«Ya l!!U'l#r ift1m~n .. __ oUae lQ!l!fitiL !¥~m!DP~.l.if .. tbAJ~)Jv. 211':~@t§~ ~lY.

t~r~liclffllits "qf:j~}.1edtci!l~Mi6fiij_f1Qi.P-"~.iiir i~JJTh~._c.on-ilg~g_wtJfimJ.fii. lf~f(cft,:{g hmt~!llJJ.t.1>®l~ .. Yl~J't.

[1Q}~!_!ii •rn~ J of"matffiuinii"s~if.1121'.tie d~}@t.,t>lEt.~Y~!U:it:16.!'.s{Q._r@JJ o.Fa'nY:t11i~~!Yf~ ll!UUI m:arJ.rnt~MJ.M>.1~.1~..l!t,

• Metal slitting and shearing;

• Motor freight transportation and warehousing;

Page 14 of 18

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Nurseries, retail;

Offices, general, up to 5,000 square feet gross floor area on any site and/or building;

Offices primarily serving industry in the district which clearly establish support services for permitted industries in the district;

Parcel packing services;

Pet boarding or pet grooming services, provided that no building, open kennel or exercise runway is closer than 200 feet from an R-District;

Places of Worship;

Postal and delivery services;

Pressure container filling;

Primary metal industries, including smelting, forging and similar operations, subject to the following conditions:

(1) The maximum lot size is 14 acres.

(2) No odors, smoke or noise from the use are likely to create a disturbance on neighboring public or private property.

Retail ouUets, if accessory to manufacturing use;

Salvaging damaged merchandise not engaged in sales;

Scrap steel cutting;

• Sign painting and lettering shops;

• Solvents recovery services;

Tape slitting for trade;

Testing and laboratory services;

Veterinary services for animal specialties provided that no building, open kennel or exercise runway shall be no closer than 200 feet from any R district;

Vocational schools;

Warehousing;

• Weighing foods and other commodities;

• Wholesale trade - durable goods;

Wholesale trade • non-durable goods except livestock and wholesale live animals.

1358.01 - Uses allowed. (H)

(a) Master site facilities pfan. When applying for a land use permit for H-2 District properties, the applicant shall present a Master Site and Facilities Plan for the current uses on all contiguous property owned by applicant and all anticipated uses within a minimum of the next 5 years. This plan shall show adjacent properties sufficiently to Identify surrounding uses and potential impacts on them by the applicant's plan and shall conform to the requirements of Traverse City Code Section 1366.08.

(b) H-1 District. The following uses of land and buildings, together with accessory uses, are allowed in the H-1 Hospital District:

Community Gardens;

Dormitories;

DNellings, multiple family, up to 29 dwelling units per acre;

Group day care homes;

Page 15 of 18

+ ~ - --- --- --- ---------- - ----- _ ___ _ _ _ ___ ,

Florists;

Health services, including clinics of doctors and dentists;

Hospitality houses;

MeElisal A'laFih1:1aAa sell86tive A'leetiAg the falle\'14R§ re1:11:1iFemeRts:

(1) Use aREI traRsfer 9f A'leElisal marih1:1aRa sttall semply at all times wUh the MishigaR MeElisal Marih1:1aRa ,'\Gt aml the GeReral R1:1les 9f the MishigaR Department ef C0mm1:1Rit>,• Mealth, as they may be ameAEleEI ffam time te time;

(2) TraRsfer ef meaisal marih1:1aAa shall be eRly allewea te a 1:11:1alifyiR9 patleAt direstly iR peF68A by his er her Fegistemd primaiy sar-egi'l8r er by aRether q1:1alifyiRg patieRt as allowed by the MishigaR MeEllsal MaFih1:1ana AGt aRe the GeRer:al R1:1les ef the MishigaR DepartA'leRt ef Cemm1mit>,• l,,lealth, as they may be ameREleEI ffaA'I tiFRe te tiFRe.

(3) The sellestive shall Rat be iR e1=1erati0R betv10eR the hooF6 9f 10:00 p.m. aAe 7:00 a.m.

(4) ~le FReeisal marih1:1aRa s1:1ltivati0R shall 0Gs1:1r eA the 1=1aR}el.

(5) ~sept far 1=1areRts er g1:1arE1iaRs ef a q1:1alifyiRg 1=1atieRt aRe tl:10 ew'1er er staff ef the fasilit}•, peFSeRs ether thaR a qwalifyiRg patient er pFimaiy saregi·1er shall be nat peA'RitteEt within the sellesti'IEI wheA medisal marihwana is being tran$neEI er 1:1seEI.

(6) A q1:10lifyiRg patieAt 1:1REler the age ef 18 shall be asoompaAieEI by a parent er g1:1ar:uian anEI netise 9f s1:1sh shall be s0nspis1:101:1sly pesteEI.

(7) A meElisal marih1:1ana sellestive shall Aet be lesated within a 1,000 wet raEli11s ffam aAy 8*istiA§ ~

(8) A meElisal maFih1:1aRa sellestive shall Ret be lesateEI ,..lithin 1,QQQ feet ffaA'I another e*istiRg sellestive,

(Q) AA 8'.'R'ler er aperater ef a meElisal mar-lh1:1ana sellestive shall Rat ha•1e been 68A'JisteEI ef a felany iRvel1AAg seAtrelleEI sYbstanses.

(10) Tl:le name anEI aEIEIFess ef all peF6eAs with aA 8'.'A'lership iAtei:est iR the medisal A'laril:l11aAa sellestive aAe all eperatel'S 9f the meElisal maFil:l1:1aAa sellesti,..e shall be 1=1re•Aeee ta the ZElAiR§ AElmiRistrater at least 1 Q tn,siAess Elays prier te epening the meElisal mafih1:1aAa sellesti·1e aRa least 1 Q b1:1siRess Elays prier te ·.vheA a Rew peF6eA ewRs er eperates the meElisal maFil:l11ana sellestive.


(1) The medical marihuana facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Section __ of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;



( 4) Except for parents or guardians of a qualifying patient and the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Section __ of the Codified Ordinances of the City of Traverse City or staff of the medical marihuana facility, persons other than a qualifying patient or primary caregiver shall be not permitted within the Medical Marihuana Provisioning Center when Medical Marihuana is being transferred.

(5) No use or consumption of marihuana shall be allowed at the medical marihuana facility.




Page 16 of 18

(9) A Medical Marihuana Provisioning Center shall not be located within 1,000 feet from another Medical Marihuana Provisioning Center er a MeElisal Maril:u:,aAa Cell8Gti¥e.

(10) An owner or operator of a Medical Marihuana Provisioning Center shall not have been convicted of a felony involving controlled substances within the last 10 years.

(11) The Medical Marihuana Provisioning Center shall have at all times a valid and current operating license issued by the State and the City ofTraverse City under Section __ of the Codified Ordinances of the City of Traverse City.


( 13} The smell of marihuana shall not be detectable outside of the portion of any structure where marihuana is present.

• Medical Marihuana Safety Compliance Facility meeting the following requirements:

( 1} The facility and use shall comply at all times with the Michigan Medical Marihuana Facilities Licensing Act, Section __ of the Codified Ordinances of the City of Traverse City, and the rules promulgated pursuant to the Michigan Medical Marihuana Facilities Licensing Act, as they may be amended from time to time;

(2) Except for regulatory authorities, no persons other than the person holding a license under the Michigan Medical Marihuana Facilities Licensing Act and Section __ of the Codified Ordinances of the City of Traverse City or staff of the facility, shall be permitted within the Medical Marihuana Safety Compliance Facility when Medical Marijuana is being processed.


(4) A Medical Marihuana Safety Compliance Facility shall not be located within a 1,000· foot radius from any existing school


(6} The Medical Marihuana Safety Compliance Facility shall have at all times a valid and current operating license issued by the State and the City of Traverse City under Section _ _ of the Codified Ordinances of the City of Traverse City.




The following uses, if they meet the requirements of an accessory use, except that they need not be in the same building or on the same lot:

Duplicating, mailing, stenographic and office services no larger than 2,000 square feet gross floor area;

Schools for the handicapped;

• Educational services to the public related to health care;

Financial institutions with no drive-throughs;

Gift shops no larger than 2,000 square feet gross floor area;

Orthopedic stores;

Pharmacies no larger than 2,000 square feet gross floor area;

Places of worship;

Page 17 of 18

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Recreational facllities;

• Restaurants, family, fine and fast, under 2,000 square feet in gross floor

• Area without drive-throughs or drive-ins;

Soclal services:

• Veterinary services, without outdoor runs.

(C) H-2 District. The following uses of land and buildings, together with accessory uses, are allowed in the H-2 District:

H-1 District uses;

Health services;

Hospitality houses:

Hospitals and medical centers;

Medical care facilities;

Parking structures, public or private, subject to the following standards:

(1) Parking structures shall be designed to have horizontal versus stepped or sloping levels at areas of public view. All ramping shall be concealed from public view.

(2) Openings shall not exceed 60 percent of the total wall surface. Openings shall be vertical or square.

(3) Sloped roofs are not required for parking structures, however:

a. The upper and lowest level of parking shall incorporate sufficient screening to shield cars from public view.

b. Parapet treatment is required to tenninate the deck and give proper architectural finish to the structure. Cornices, overhangs and other devices which are consistent with the design of historical buildings may be employed.

(4) The design of parkln~ decks shall be complementary to the design of historical buildings in the area.

Residential care and treatment facilities.

The effective date of this Ordinance is the ____ day of ______ , 2018.

I hereby certify the above ordinance amendment was introduced on------- --• 2018, at a regular meeting of the City Commission and was enacted on __________ , 2018, at a regular meeting of the City Commission by a vote of Yes: __ No: _ at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.

James Carruthers, Mayor


Page 18 of 18

City of Traverse City GOVERNMENTAL CENTER 400 Boardman Avenue Traverse City, MI 49684

Office of the City Clerk (23 I) 922-4480

[email protected] r:. .. -·:

Because,

Because,

Because,

Because,

Because,

Because,

Because,

Because,

Resolved,

City of Traverse City Resolution to Establish the Date of the First Lottery to be Held

Pursuant to the City's Ordinance Implementing the Medical Marihuana Facilities Licensing Act.

TRAVERSE CITY

the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.("MMFLA" or the "Act") was enacted by the State of Michigan on December 20,2016;and

the MMFLA provides that the State shall not issue an operating license to an applicant to operate a medical marihuana facility under the Act unless the municipality in which the applicant's proposed medical marihuana facility will operate has adopted an ordinance that authorizes that type of facility; and

the MMFLA provides a municipality may adopt an ordinance to authorize one or more types of medical marihuana facilities within its boundaries and to limit the number of each type of medical marihuana facility; and

the MMFLA provides a municipality may adopt other ordinances relating to medical marihuana facilities within its jurisdiction; and

the City has determined to allow medical marihuana facilities to operate within its boundaries pursuant to the Act; and

the City has adopted ordinances for the regulation of medical marihuana facilities, which limit the number of provisioning centers permitted to operate within the City; and

the City has determined that if the number of qualified applicants for provisioning center facility permits exceeds the number allowed, the applicants who receive such permits shall be chosen by lottery; and

the City has determined that the lottery shall take place on a date determined by the City Commission by resolution. Now, therefore, be it

that the City Commission of the City of Traverse City hereby establishes the date of the first lottery to be held pursuant to the City's ordinance implementing the Medical Marihuana Facilities Licensing Act will take place on May 3, 2019.

Follow us on Facebook, Twitter, & Instagram • CityoITC • www.traversecitymi.gov

Resolution Establishing the Date of the First Lottery Pursuant to the City's Ordinance Implementing the Medical Marihuana Facilities Licensing Act

I certify that this Resolution was adopted by the City Commission at its Regular Meeting held on December 3, 2018, in the Commission Chambers of the Governmental Center, 400 Boardman A venue, Traverse City, Michigan.


~ The City of Traverse City

M~ I~. Communication to the City Commission


DATE:

FROM:

NOVEMBER 29, 2018 ~v


SUBJECT: RECREATIONAL MARJHUANA

At the November 2018 election, voters in Michigan approved a citizen-initiated statute that would allow for recreational marihuana within the state. The State of Michigan essentially has 12 months to develop and approve rules for the implementation.

Attached is a memo from City Attorney Lauren Trible-Laucht recommending that the City Commission adopt an ordinance which would opt-out of allowing recreational marihuana establishments within the city. The City Attorney recommends - and I concur - that the City Commission opt out of allowing recreational marihuana establishments within the city to provide the state with time to develop the related rules and the city to determine its next steps.

As explained by the City Attorney, opting out of allowing recreational marihuana establishments in the city would not prohibit the possession and ingestion of marihuana for recreational purposes under certain circumstances are articulated in her memo.


that an amendment to the Traverse City Code of Ordinances, Recreational Marihuana Establishments, Chapter 851, which would prohibit recreational marihuana establishments within the city, be introduced and scheduled for possible enactment on December 17, 2018.

MC/bcm K:\tcclerk\city commission\ordinancc amcndments\recreational marihuana opt out intro 20181203

copy: Jeff O 'Brien, Police Chief


TO: City Commission

CC: Martin A. Colburn, City Manager Benjamin C. Marentette, City Clerk

FROM: Lauren Trible-Laucht, City Attorneyct:J/_

DATE: November 26, 2018

SUBJECT: Michigan Regulation and Taxation of Marihuana Act

The Michigan Regulation and Taxation of Marihuana Act (MRTMA) was approved by the voters on November 6, 2018 and will become effective December 6, 2018. Unlike the MMFLA, which requires the City to "opt in" if it wishes to allow medical marihuana facilities, the MRTMA requires municipalities to "opt out" if they do not wish to allow recreational marihuana facilities. In other words, a state operating license will be issued to operate recreational marihuana establishments in every municipality unless the municipality enacts an ordinance to opt out. For the time being, I recommend the City take action to opt out for the reasons discussed below.

There are six license types under the MRTMA (grower, processor, secure transporter, retailer, safety compliance facility and microbusiness). The decision to opt out applies only to the establishment of one of these types of businesses within the municipality. In other words opting out does not affect the other activities that are permitted under the MRTMA such as for persons age 21 or older, possession of up to 2.5 oz of marihuana; ingesting (i.e. smoking or otherwise consuming), purchasing, or transporting recreational marihuana; growing up to 12 plants in a residence and so on. Nothing in the MR TMA has direct effect on the Michigan Medical Marihuana Act (i.e. the patient caregiver model adopted in 2008).

A municipality can either completely prohibit all license types under the MRTMA or allow all and limit the total number of each license type, but it may not pick and choose what license types it authorizes. If a limit on licenses prevents the state from issuing a license to all qualifying applicants, the municipality is required to select from the competing applicants using a competitive process intended to identify those who are best suited to operate in compliance with the Act. If this is the case, the City will want to thoughtfully and carefully draft the ordinance to provide for this process, as it will be particularly susceptible to challenge.

The MR TMA requires that LARA issue licenses to allow businesses to legally grow, process, and sell recreational marihuana. LARA has 12 months to adopt rules and implement the licensing process. If it cannot, the burden of licensing will fall to local municipalities that have not "opted out" of allowing marihuana establishments. Similar to the situation the City most

Page 1 of2

recently faced with medical marihuana facilities, it is not realistic to attempt to draft a local ordinance regulating this activity prior to the adoption of the rules and licensing process by the state. Like medical marihuana, the local process may not conflict with the process adopted by the state.

For the foregoing reasons I recommend the City Commission opt out of allowing recreational marihuana establishments pursuant to the MRTMA for the time being. I expect that once the state administrative rules for the licensing process are available the Commission will be able to have a more robust discussion about whether to opt in and how best to structure an ordinance to meet the needs of the community. Please let me know if you have questions.

Page 2 of2

TITLE:


ORDINANCE AMENDMENT NO. ---Effective date: -----

RECREATIONAL MARIHUANA ESTABLISHMENTS


That Chapter 851, of the Traverse City Code of Ordinances, be introduced/enacted to read in its entirety as follows:

Chapter 851 -RECREATIONAL MARIHUANA ESTABLISHMENTS

851.01 - Definitions. Words used herein shall have the definitions as provided for in the Michigan Regulation and Taxation of Marihuana Act, as may be amended.

851 .02 - Marihuana Establishments Prohibited. The City of Traverse City ordains that pursuant to the Michigan Regulation and Taxation ofMarihuana Act, Section 6.1, the City elects to prohibit marihuana establishments within its boundaries.

851.03 - Violations and Penalty. A violation of this ordinance is deemed to be a nuisance per se.

Editor's note- See§ 202.99 for general Code penalty if no specific penalty is provided.

The effective date of this Ordinance is the ___ day of. ___ , 2018.

I hereby certify the above ordinance amendment was introduced on , at a regular meeting of the City Commission and was enacted on , at a regular meeting of the City Commission by a vote of Yes:

No: at the Commission Chambers, Governmental Center, 400 Boardman Avenue, Traverse City, Michigan.

James C. Carruthers, Mayor


I hereby certify that a notice of adoption of the above ordinance was published in the Traverse City Record

Eagle, a daily newspaper published m Traverse City, Michigan, on ________ ___ _



1.QIJ Communication to the City Commission


DATE:

FROM:

NOVEMBER 29, 2018 ~


SUBJECT: BOARDMAN LAKE LOOP - FUNDING AGREEMENT WITH TART TRAILS

As provided for the in the MOU between the city, Grand Traverse County, Garfield Township and TART, TART agreed to conduct private fundraising for this exciting project. TART has raised $420,000 - $400,000 would be allocated specifically for trail-related work ( construction, engineering, etc.) and $20,000 would be deposited into the Public Art Trust Fund to be used for artwork within the vicinity of the trail. We need to execute an agreement for the transfer of these funds to the city, which has been prepared by City Attorney Lauren Trible-Laucht.

I want to once again thank TART, which has been a fantastic partner - their efforts have helped bring this project to this point; and their efforts have extended far beyond fundraising.

I recommend the following motion (5 affirmative votes required):

that the Mayor and City Clerk execute the Boardman Lake Loop Funding Agreement with Traverse Area Recreation and Transportation Trails, Inc., which provides that it will transfer $420,000 to the city for trail-related expenses, with $20,000 of the amount to be deposited into the Public Arts Trust Fund to be used for public art in the vicinity of the Boardman Lake Loop, such agreement subject to approval as to its substance by the City Manager and its form by the City Attorney.

MC/bcm K:\tcclerk\city cornmission\agreements\tart funding agreement boardman lake loop 201 81203

copy: Julie Clark, TART Trails Executive Director William Twietmeyer, City Treasurer/Finance Director Nate Elkins, Arts Commission Director Tim Lodge, City Engineer


«M~ ,~ ~~ Communication to the City Commission




SUBJECT: STORMWA TER UTILITY AD HOC

At the June 4, 2018, City Commission meeting, the Commission established a Stormwater Utility Ad Hoc Committee to discuss the formation of a Traverse City Stormwater Utility. The committee expires December 4 and needs to continue its work; and therefore, I recommend that it be re-established.

Commissioner Lewis has chaired this committee; and Commissioners Howard and McGilli vary also make up the committee.


That the City Commission Ad Hoc Committee regarding the development of a stormwater utility, which was originally established June 4, 2018, be reestablished, with the committee to expire June 4, 2019; and further that Commissioners Howard, Lewis and McGillivary be reappointed, with Commissioner Lewis to serve as Chair.

MC/bcm K:\tcclerk\city commission\appointments\ad hoc sto1mwater ut ility extension 20 181203

Copy: Art Krueger, Director of Municipal Utilities




DATE:

FROM:

NOVEMBER 29, 2018

<-nAv MARTY COLBURN, CITY MANAGER

SUBJECT: TRAVERSE CITY HOUSING COMMISSION -APPOINTMENTS

Attached is a memo from Administrative Professional Margo Marks indicating Mayor Carruthers' appointment to the Housing Commission, which requires City Commission approval. As stated by Margo Marks, this appointment is for a 5 year term. Previously held by Kay Serratelli.

The following motion would approve the Mayor's recommendation:

that the Mayor's appointment of Sarah Lucas to a five-year term expiring November 30, 2023, seat previously held by Kay Serratelli on the Traverse City Housing Commission, be approved.

MC/msm K:\TCCLERK\City Commission\Appointments\Housing_2018 l 203.docx

copy: Tony Lentych, Housing Commission Executive Director


To: Marty Colburn, City Manager

From: Margo Marks, Administrative Professional

Date: November 29, 2018

Subject: Traverse City Housing Commission - Appointments

There is one available seat on the Traverse City Housing Commission as Kay Serratelli's term is expiring and she does not wish to be reappointed. Mayor Carruthers has conducted interviews with the applicants on file for this board.

The City Clerk's Office has advertised for this board on the city's website and on the city's social media pages. As a result, we have four applications on file from:

Katy Bertodatto AnnaMarie Dituri Sarah Lucas Jo Simerson

This is a Mayoral appointment which requires City Commission approval. Mayor Carruthers has indicated that he would like to appoint Sarah Lucas to the Housing Commission.

As always, please feel free to contact me if you would like any further information.

... I

City of Traverse City Application to Become Involved

Thank you for yow· interest in serl'ing rm one oJTrm•erse City 's boards or committees! Volunteers help to secure our community ·s beauty and promote its enhancement- Benjamin C. Marentelte, City Clerk

Board/Committee you are interested in serving (indicate up to tlu·ee) : _____________ _

Name:. _ _ c ..... -:....>~·,,:_,l_~_--=r~i_l_l_---'-L_-_v_L_(_Cl_i_S. ____________________ _

.. ' ....... --.... ~ :1 . L' .4,,. LI ·)' -·(·~/ lt'? ·,.:...v, __ .,_· C; ru_ .. A ( l LA c1·· 'o ,,c_, '--·J Residential Address: '-"~~ -.-l :;_:_.,., IV \. l C- 1 l) \..! ' 1 u -i ;_J i 'v l L! ._) .

(Street) (City) (State) (Zip)

E-Mail Address: c.: ::,cc rc.i.. ~I l1...l ( ~ti~;. (2·· vw-h,uo ,.,-{{~_s. l/l ( f\· (t\. w2 .st G~

Preferred Phone No.: >7:A .J..·:;,-)'-i--C~_,L,:?,. Lf Additional Phone No.: ~"'3>(-C/.:J {';, --6}. I ( lp ,· ·1 ' -.r.._..._) I I -\ +·. - ~ . ,. l • ' • • V' . ~ I (.)·y:\.Vt. l l_!-9 <:";_J·:--:

Occupation: U. Y'v'\.l !•\ · -c ~' · \,, t\ie"'L tJl' 1 )'-..J '1 l).;..:()\ ~ (1f retired, please provide your career)

Before s11bmitti11g your application, please be sure to attach a brief letter indicating the following:

• Why are you applying for a city board or committee seat? • How do you believe your appointment would benefit the city? • Describe your involvement in the community on a board/committee or in another volunteer capacity. • Any other helpful info1mation relevant to your application.

While it is not required, o resm,,e is helpful in the recruitment process for City boards and committees .

. .. "7'·-.

YES / NO . · Are you in default to the City? ... , ;:...::. . If yes, please note applicants in default to the City are not eligible for consideration.

I I

YES (~O ,.., · Do you or immediate family members cun-ently serve on a City board or committee?

. ..- - ~ .

YES ' No' 1 l _ ,

YES 1

NO '·-.,. .

If yes, which board? _________________________ _

Are you or immediate family members cun-ently employed by any branch of any level of government? If yes, how so? ______ ________ _____________ _

Did you attach the required letter outlining the items requested above?

The applicant acknowledges that the City may be required from time to time to release records in its possession. The applicant hereby gives permission to the City to release any records or materials received by the City from the applicant as it may be requested to do so as permitted by the Freedom of Inf9.nnation Act, MCL 15.231 et seq.

(_-;~"\ \J'"-.C '.,_c~c;· __ _ ( I

Signature Date

Please return your application, letter, and optional resume to Belljamin. C. Marentette, City Clerk, 400 Boardman A,•e11ue, Traverse City, Ml 49684. lfyou have any questions, please feeLfree to contact our office at

(231) 922-4480. Again. thankyouforyour interest!

November 14, 2018

Benjamin Marentette, City Clerk City of Traverse City 400 Boardman Ave Traverse City, Ml 49684

Dear Mr. Marentette,

Please find attached my application for appointment to the Traverse City Housing Commission, along with a resume detailing my professional experience.

As the Community Development Director for Networks Northwest, I've been involved in a wide range of community issues, including, and especially, housing, in communities throughout the ten-county region of Northwest Michigan. My experience in working with these cities, villages, townships, and counties has given me a broad perspective and opportunity to engage on this complex issue, but I'm submitting an application for appointment to the Housing Commission as I'd like to be in a posltion where I'm able to contribute more directly to housing efforts in my community of residence.

I've developed and led significant research and planning initiatives around housing, giving me with a deep understanding of housing needs, development processes, and resources. My experience includes extensive work within the City of Traverse City, leading the Traverse City Workforce Affordable Housing Ad Hoc Committee, development of the City's Regulatory Framework for Workforce Housing report (2008), and participation and support for committees of the City Planning Commission, including the Housing and Building Committee and the Zoning Plan Committee. My work in Traverse City and in communities throughout Northwest Michigan, along with my service on boards including the Fair Housing Center of West Michigan, the Opportunity Resource Fund, and the Michigan Association of Planning, provide me with extensive familiarity with initiatives and development models throughout the region and the State. I look forward to the opportunity to share my experience with the board, and to learn from the Housing Commission as it works to meet the City's housing needs.

Thanks so much for your consideration. Please don't hesitate to contact me with any questions at 231-920-2116, or via email at [email protected].

Sincerely,

Sarah Lucas, AICP

222 MIDTOWN DR, TRAVERSE CITY, Ml 49684. 231-920-2116 [email protected]

SARAH LUCAS, AICP

PROFILE

Experienced planning professional with broad range of knowledge and skills, and expertise in housing policy, who has developed close and collaborative relationships with state, county, and local levels of government, community agencies, and the public in efforts to develop and implement effective planning, housing, and public outreach programs.

PROFESSIONAL EXPERIENCE -- ----- ---------·-------~-- -·-----·-- --- -·----~~~------~-

October 2014 - Present

Networks Northwest (Northwest Michigan Council of Governments) Traverse City, Ml D;rector of Community Development

• Conducted effective oversight and management of Community Development department $1 million+ budget, personnel, contracts, grants, and programming

• Led the organization of the Northwest Michigan Rural Housing Partnership, soliciting stakeholder input and achieving regional buy-in, engaging expert participation and assistance, conducting fundraising, securing multi-year funding commitments, and coordinating initial programming and organizational activities

• Provided support for Northwest Michigan Housing Solutions Network, acting as a regional liaison between housing organizations, local governments, and the private sector, resulting in enhanced collaboration between local- and county-based housing initiatives

• Coordinated affordable housing awareness and advocacy activities throughout the 10-county Northwest Michigan region, including the annual Northwest Michigan Housing Summit, a key regional event attracting and engaging 200+ representatives from the public, private, and nonprofit sector

• Provided research, analysis of, and outreach around regional local housing, economic, and other community needs and regulatory issues, leading to increased private sector participation in housing solutions, local policy changes, and increased collaboration at both local and regional levels

• Developed and coordinated outreach and education resources and activities for local government, the public, nonprofits, and other stakeholders

August 2007 - October 2014

Northwest Michigan Council of Governments Traverse City, Ml Regional Planner

• Led the creation of the Framework for Our Future: A Regional Prosperity Plan for Northwest Michigan, with detailed analysis and strategies for housing, transportation, economic development, community health, and other regional issues

• Provided staff support to a variety of public committees, commissions, and networks, including the City of Traverse City Housing/Planning Committee and the Grand Vision/Northwest Michigan Housing Solutions Network

• Provided research and analysis of local housing needs and regulatory issues, and developed local and regional housing strategies and implementation resources

• Coordinated affordable housing awareness and advocacy activities throughout the 10-county region

• Provided staff support and resources in the development of local master plan, economic development plans, and recreation plans

• Developed and coordinated outreach and education resources and activities for local government, the public, nonprofits, and other stakeholders

• Conducted administrative activities including contract oversight, reporting, and grant writing

October 2000 - August 2007

Leelanau County Planning ft Community Development Senior Planner

Leland, Ml

Duties include land use planning activities, public outreach, information services, and administrative functions.

• Prepared and updated County plans and resource documents

• Provided detailed analysis of township rezonings, master plans, and zoning ordinances

• Assist townships and villages with research, analysis, and mapping for master plan and zoning projects

• Other duties including solid waste coordination and administration, public outreach, geographic information systems (GIS) services, contract oversight, grant writing, staff support to public commissions and boards, other administrative duties

EDUCATION

1995 - 2000 Eastern Michigan University Bachelor's of Science

Major: Urban and Regional Planning

Minor: Historic Preservation

COMMUNITY ACTIVITIES

Ypsilanti, Ml

. -- --- .. --· - -~ ~-~ ---- -----·- - ·------ - -- - ---Local columnist, Traverse City Record Eagle

LEADERSHIP Board of Di rec-tors; "i-Aichigan Association-of Planning(Treasui-erf ·----- - - ·----- -Board of Directors, Opportunity Resource Fund

Board of Directors, Fair Housing Center of West Michigan

PROFESSIONAL MEMBERSHIPS AND CERTIFICATIONS -- -.. ~- --··~ ·· ~ --,.- ----------- - - -- - -------• --+ ·--~-------~--- ·-- ·- - ---- ~

American fnstitute of Certified Planners (AICP), Member

American Planning Association, Membe r

Michigan Association of Planning, Member

HONORS AND AWARDS -... - ·- - - ·-·- ------~·- ·····-- -- -----··· _ .. __________ -·-· - ----- -

Traverse Cit)d!.usine.ss f:fews 40 Unde r 40 (2014 , 2015, 2016, 2017)

Roger Williams Planne r Award (2014)

~~~ City of Traverse City ~

Application to Become Involved ~ OCT 3 G 201t

r:rrv Or 1~AVE11~l: Gn . . . ' . ..J c rro/et.~l.wo~M~eresi m servmg on one of Traverse City s boardf or commzttees! Volunteers help to

secure o'f:r community's beauty and promote its enhancement - Benjamin C. Marentette, City Clerk

........ \ \ \ Board/Committee you are interested in serving (indicate up to three): _ ...... \_0·_-X'\_f\_,_~_~-1,-1,-\ _...;..·-_\'.:i_M-_~...c.\_'\\_J"'", __

Name:____:..¥--<A.....::........\:........::'-:i-1 _\.!..:=j:...:::c_r-\......!-.::::::t)~( \c-=.;....• ·~L.....~__::~::a::......_ _____________ _

Residential Address: (.(_) 3 1.. ;::. f tr- -'~+ 1 Ti f-...;-.;<...,,(-)'\...

(Street) (City)

E-Mail Address: Kbc..C+oc\o .. .'~l..JG.:..,,\fll~.J . (.~.(V\ v

c_, 'tt? J .i~'t' (State)

({,-f Gz:, Cr (Zip)

( '<\ -, . \ 'l..L 1 \C Preferred Phone No.: ·' J \; .. Id. - C / S\, Additional Phone No.:. __________ _

Occupation: _\.!...'..1.\~·~c:.Ja~·· ·..!.f....:-\....::\.~..:::-'--·._· ';...'_1\;...r ..:..'1+:"t....:....·..-_________ (if retired, please provide your career) u \ ,

Before submitting your application, please be sure to attach a brief letter indicating the following:

• • • •

Why are you applying for a city board or committee seat? How do you believe your appointment would benefit the city?

()\\ ~. k...,

Describe your involvement in the community on a board/committee or in another volunteer capacity . Any other helpful information relevant to your application .

While it is not required, a resume is helpful in the recruitment process for City boards and committees.

YES (lli): A re you in de fault to the City? If yes, please note applicants in default to the City are not eligible for consideration.

YES ~o; Do you or immediate family members currently serve on a City board or committee?

If yes, which board? _ ______________ _ ________ _ _

YES ~-W0 Are you or immediate family members currently employed by any branch of any level of government?

If yes, how so?------------------ ------ -----

YES :_NQ Did you attach the required letter outlining the items requested above? - \ \ ~ t _ ('. +; ) ( -0- \ \I \ ~°' (c~ "-~ -J1 C.c tv'IM~S 1 '-J'\\ S (.0,.·\-

The applicant acknowledges that the City may be required from time to time to release records in its possession. The applicant hereby gives permission to the City to release any reeords or materials received by the City from the applicant as it may be requested to do so as permitted by the Freedom of Information Act, MCL 15.231 et seq.

~---~--Signature Date

l

Please return your application, letter, and optional resume to Benjamin C. Marentette, City Clerk, 400 Boardman Avenue, Traverse City, Ml 49684. ff you have any questions, please feel free to contact our office at

(231) 922-4480. Again, thank you.for your interest!

Dear Commissioners,

I want to change the world. I want that 10-year-old idealistic mentality to be valid. But it's not

and I can't. I'm only one person and people get tired. But with you I can help protect and

change our small part of the world. We can build something that will make a small number of

lives better. Maybe even their children's lives better. So, I want to focus on that.

I've been watching Traverse City grow and I'm proud of that growth. I've spoken with people in

the community, including meeting with Jean Derenzy numerous times, to discuss our growth

and how I can be a part of it. I don't know a lot of people who wake up at 6am excited to

discuss parking structures and tax revenue, taking care of our river and potential for public

spaces, but Jean is one of those people. I am too.

I would greatly appreciate the opportunity to use my background in business and real estate to

help prepare our community for decades to come. I may not be able t o change the world

overnight, but I can and do focu s on trying to make it better wherever I touch it. I know you do

too.

I appreciate your time and look forward to hearing from you.

Kind Regards,

Katy Bertodatto

KATHRYN M. BERTODATTO 603 W Seventh Street Traverse City, MI 49684 [email protected] (231)342-0456 OBJECTIVE To sit on the city commission and represent my community while utilizing my knowledge and skills in real estate development and analysis. EDUCATION MIT, School of Architecture and Planning

Commercial Real Estate Analysis and Investment Certificate Aug 2018 University of Michigan, Ann Arbor, Ml Graduated May 2016

Literature, Science & Arts; English major, graduated with honors, delivered the 2016 student commencement speech in front of 50k people Northwestern Michigan College, Traverse City, MI Graduated May 2013

Studied aviation & piloted aircraft; Graduated with Associates in Arts and Science Sacred Heart Academy, Mt. Pleasant, MI Graduated May 2003

Graduated with honors, National Honor Society, student council representative WORK EXPERIENCE Seventh Heaven Rentals LLC, Traverse City, MI Owner

Real Estate License Property manager, Investment consultant

Spring 2005 - Present

Maintains multiple properties, implements leases, handles finances Alward Fisher Rice Rowe & Graf PLC Summer 2015 Legal Assistant

Assisted in communication and drafting of legal documents mostly pertaining to Real Estate law

Northwestern Michigan College, Traverse City, Ml Jan.2014-Aug. 2014 International Program Office Manager

Organized programs for study abroad Maintained necessary communication between faculty, administration, and students Researched, developed, and presented plan for international language acquisition program

US Brazil Connect, Denver, CO February 2013 - 2015 Fellow/Coach

Built relationships with students and other coaches using social media networking Traveled to Brazil to teach English as a second language Asked to speak on behalf of the program numerous times including local television interview and meeting with the President ofNMC and other community colleges

American Healthcare Services Association, Traverse City, MI May 20 11 - 2012 Member Services Representative

Implemented new sales and marketing techniques leading to the addition of 13 new clients Proficient in Microsoft Word, Excel, and Outlook Effectively managed the staffing needs of25+ facilities Reviewed resumes, facilitated interviews, negotiated job offers, and credentialed new employees Managed 30+ travelers at any one time Maintained excellent working relationships with both members and vendors Sought and implemented ways to make the MSR team more efficient and organized

9/1312018 Grand Traverse County Mail - Application to Become Involved

Application to Become Involved 2 message,s

Annamarie Dituri <[email protected]> To: [email protected]

To Whom it May Concern:

Katelyn Zeits <[email protected]>

Wed, Sep 12, 2018 at 4:24 PM

I'm interested in applying for a position on either the planning or housing commissions. I've never held a position on a board and have recently decided that I could make an impact in my community if only I tried.

My appointment would benefit the city because I would be a young, strong-willed and hard-working city citizen; the decisions that I would be making on these boards would directly impact my life making me heavily invested in all decisions. Any and all decisions I would make for the city would be filtered through the many lenses of my life, i.e. lifelong TC resident, county employee, city resident. ·

I am passionately involved with many different programs and organizations in our local community. I'm currently the treasurer of a local campaign and I volunteer manage the State Theater during the TCFF every year and have been doing that for six years. I will occasionally volunteer for the DOA throughout the year as well.

On a more personal note, twice a year when I change out the clothing in my closet I donate anything I haven't worn in the prior season to the Women's Resource Center. I feel strongly about the WRC and try to help out in every way that I can whether it be personally or professionally and although these acts are small, I feel like I've helped someone in the community.

I've been considering a local position for quite some time, but never knew exactly how to initiate the process. I am taking this opportunity to put some actions behind my words and stepping up for the next generation of individuals living and working in the downtown area.

If you would like to review my resume, please request it in response to this email; I've attached my application for immediate review.

Thank you.

Anna Dituri

~ application.pdf 410K

Katelyn Zeits <[email protected]> To: [email protected]

Received, thank you!

'),,,..lu' t ·' . . - r ~l:.' , ! ~ ·~,~/ J :_~)

Katelyn Zeits, CMC, CMMC Deputy City Clerk I City of Traverse City First Floor I Governmental Center 400 Boardman Ave. I Traverse City, MI 49684 ~ .:c-its;: tra vcrs,2citymi.g1N I ·,; \ '•'· .t:·:.;versec: . y ~ i.g;:i :/city-,Jcrk O: 231.922.4480 I F: 231.922.4485

FOLLOW TRAVERSE CITY!

f rqJ Ye .. in,

Thu, Sep 13, 2018 at 12:37 PM

https://rnail.google.corn/maillu/O?ik=b465302b48&view=pt&search=all&perrnthid=thread-f%3A 1611434711 588573828&simpl=rnsg-f%3A 1611434 711 5 ... 112

City of Traverse City Application to Become Im olvcd

T11a11k ·' 011.fhr : ·our i11f. ,. 1 .\"/ in sen-ing 011 one ot Tra11a se Citv 's bnm ds or com111ittees .1 Volun l(·ers Jwlp to .,ec11re 01-r com111u11irr ·s beau~r and promo!.: its Mha11cemen1 --Be11jami11 C. .',,/aremctt.:, City CIL·rk

Bo:m1 Committet:: Y''U :1r_ int-re~tcd in s..:rvinr (indicat,· up to thre<'): _ ·------·--------

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··"' 71 ~1;; -L' v4'1 Pr-.-:n--d PlwL l\o.: _t._") · L I u ' ___ .-\edition . .! Phone ~o.: ___________ _

(kc.1pr...icn: ~c.,1,.,.._~ ~ C ( .... ,, ( le V (if retired, pleas~ provid..: your career)

-._--.,c_ ~------..., ... --~-~--:z;z--------..... ---------------Bej,>re .rnbmittiirg ynur application, please he sure to atlllch a brief letfL'I' i11tlicati11g the following:

Why :1:·c ym: .. pril: in.,, for a city board or committee s::at? • 1 fow do you bclicv .... your nppointm ~nt ,vuuld b~ndit the city':> • Describe) our in, 0!•. ::n-:nt in th-: community on .1 board .:<111 .11:tt..:c or in another volunt::(.r capacity. • Any other h<!~pfu; infi.mn:ition r vi.:·, ant to 10ur application.

If hile it is not required, a resume is /1elpji1f in the recruitmeftf process for City boards and commiltees.

', YES 'fio I .\re }OU in default to the City?

If yes. plea~..: no:c applicants in default to the City are not digibl-: for consideration.

YES i-:o DP you or immcdiah.: tnmily members cunently sen con a City board 0r committee'!

If )'l..S, \\ :1i.:h board? ____________________________ _

tES '0 \r~) .1u ,1r imm:..di,1t.! family members (.t1rrcntly emplo) ..:cl by any branch of any level of

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v:s, NO Did you ;.i tt:1ch th.:: required lelt,'r outlining the item::- requc<;ted ;1bovC'? l..... 11

1 tu , {,r '--· ... The applicant acknowledges that the City may be required from time to time to release records in its possession. The applicant hereby gives permission to the Cit~· to release any records or materials received by the City from the applicant as it may be requested to do so as permitted by the Freedom of

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AIJG 07 2017

CITY OF TRAVERSE CITY CITY CLERKS OFFICE

jv, .:s1 rnev-'"-son@ 9ma.< l, ~om.

cl 3 ! - 42-! - 5 la 2- ~

9 3 7 - 7 ~6 - /:;_ ( (

RECEIVED AUG 07 2017 ·

City of Traverse City G_IT'( OF TRAVERSE CITY Application to Become Invof~ CLERKS OFFICE · 81

Thank you for your interest in serving on one of Traverse City's boards or committees! Volunteers help to secure our community's beauty and promote its enhancement - Benjamin C. Marentette, City Clerk

j /J , .-/ . Board/Commi~ you are interested in se~ing (indicate up to three): '- ~h:2 ~ 4 J /H.~·~:t;J

. 1 1 1 ~ I -'1-- • · ] , • • ,. 1- ,·J· ,,-v.r t:"---' ~ [)n1.1L>L -~ ,,, £-:::-4 . ..,. • .-tt.A /t ;;u»~~

Name: .;i ,,J,;y~µ-µ_j • ' . ' .t /' L

Residential Address: ~;:,· ,( /.:?2· s. • ,;.:v . I{) TI t. f (Street) : (City)

E-Mail Address: . le_ , (; t ,11 '~ \ '"2L. J 7 {.. 8P tC;.t (, c. t .fl'-

,JJ;;,., (State)

!/(( 4,~ S-7' (Zip)

Preferred Phone No.: :".,? I - ,~J.-1../ - ; L

Occupation: /v ti£ 4 {,, £~ n ..

~' . ,5 Additional Phone No.: 7,? J - J {;:. - f .:,L I

(zf retired, please provide your career)

Before submitting yo11r application, please be sure to attach a brief letter indu:aJing the fo'flowing:

• • • •

Why are you applying for a city board or committee seat? How do you believe your appointment would benefit the city? Describe your involvement in the community on a board/committee or in another volunteer capacity . Any other helpful information relevant to your application.

While it is not required, a resume is helpful in the recruihrrent process for Cay boards and commiJtees .

... YES \ NO Are you in default to the City?

U yes, please note applicants in default to the City are not eligible for consideration.

YES g.9 Do you or inunediate family members currently serve on a City board or committee? If yes, which board? ________________________ _

YES ( NO Are you or inunediate family members currently employed by any branch of any level of government? If yes, how so? ________ _ _ _ _ _______ ___ ____ _

,, \ 1 YF.S NO Did you attach the required letter outlining the it.ems requested above?

The applicant acknowledges that the City may be required from time to time to release records in its ~ession. The applicant hereby gives penmsgon to the Qty to ~ any records or materials received by the City from the applicant as it may be requested to do so as permitted. by the Freedom of Information Act, MCL 15.231 et seq.

.Sig/awre .Y- ./-/-7

Date

Please return your applicari.on, letter, and optional resume to Benjamin C. MarenJette, City Clerk, 400 Boardman Avenue, Traverse City, Ml 49684. /fyou have any questions, please feel free to contact our office at

(231) 922-4480. Again, thank you for your interest!

Housing Commission

Kay Serratelh 237 Midtown Dr, TC. 49684 929-3252 (Res) 882-0365 (Bus) ~11)ok.1, i/ ;,h,'~1ubal.net

Initial Apt. Date 11/07/1 I

Not interested in re-appointment

James Friend (Resident Member) 150 Pine St, Apt. 504, TC, 49684 392-2210 (Cell) 111) ~,,_1)p_fr il'I}, Vii ,Y ,I h, >0. l.'!I!!}

Heather Lockwood 522 E. Front St., TC 49684 735-4069 (Cell) I <;uJiq_i·lr1~J0\_0_.JJkhc(fi:' ~muil.coni

Andy Smits 402 Leeward Trail, TC, 49686 429-3184 (Res) 933-4041 (Bus) ,l "l_l !it_:;;; c:h.: 'i_l.'~11 l :l U.COl}l

Roger Putman 314 Railroad Ave., TC, 49686 944-8443 (Res) rp1_1t}11~u,1d1r::i\ ..:1;}.:cit;i mi.gQ\.

Tony Lentych - Executive Director - staff

10/02/17

10/02/17

02/01/10

11/12/18

Termination 11/30/18

11/30/21

11/30/22

11/30/19

11/30/20

All appointments are 5-year terms expiring 11/30. This commission consists of 5 members appointed by the Mayor and approved by the City Commission. It is a HUD requirement that the City attempt to appoint at least one resident of a City housing complex.One member may be a City Commissioner, also appointed by the Mayor with approval by the City Commission.

One member of the commission shall be a tenant of public or subsidized housing as provided in this subsection. If, on the effective date of the amendatory act that added section 1 la, a commission is managing an occupied project and has no tenant member, a tenant member shall be appointed for at least 1 of the next 3 vacancies after that effective date, or within 2 years after that effective date, whichever comes first.

Authority: "To purchase, acquire, construct, maintain, operate, improve, extend and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace,

Housing Commission

Page 1

health, safety, morals or welfare; to issue notes and revenue bonds; to regulate the issuance, sale, retirement and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects, etc. etc." Taken from P.A. No. 18, Ex. Sess., 1933.

Commission was formed by adoption of Ordinance No. 105 on October 3, 1966 pursuant to P.A. 18 of the Extra Session of 1933, as amended.

On October 2, 1995, the City Commission waived the residency requirement to allow not more than one member to reside outside the City and in Grand Traverse County as the Housing Commission has a contractual agreement with Grand Traverse County.

Meets the 4th Friday of each month at 8:00 a.m.@ Riverview Terrace, 150 Pine Street, or the Governmental Center, 400 Boardman Avenue. Members can hold another City office provided there is no conflict of interest. (Doren, 4-11-97).

Housing Commission Page2

MINUTES ACT 345 RETIREMENT SYSTEM

DATE: September 25, 2018 LOCATION: Mayor's Conference Room, Government Center, 400 Boardman Ave., Traverse City, MI 49684

TIME: PRESENT: ABSENT: GUESTS: STAFF:

12:00 Noon. W. Twietmeyer, W. Kuhn, J. Jenkins, J. Bussell C. Ruecke1t C. Kuhn, R. Vaillancourt J. Henderson

W. Twietmeyer called the regubr meeting to order at 12:04 pm.

Moved by J. Jenkins, seconded by W. Kuhn that the minutes of the August 28, 2018 regular meeting be approved.

Motion approved 4-0.

Warrant No. 629 in the amount of $229,392.52 for Retirees Benefits for October 2018 was approved and signed by J. Jenkins and J. Bussell.

Chris Kuhn of AndCo gave a brief report to the Board. A snapshot report was provided to the Board which included updated market values as of September 24, 2018 as well as the target allocation. The Board asked various questions.

Ross Vaillancourt of Intercontinental Real Estate Corporation gave a report to the Board regarding their investment in the U.S. Real Estate Investment Fund, LLC (US REIF). The presentation included a brief overview of the firm, the executive committee and the key professionals. Further details were provided to the Board about the fund, debt, portfolio research, gross performance, diversification, and recent acquisitions. The Board asked numerous questions.

Copies of the GASE 67 and 68 Report from Gabriel, Roeder, Smith & Company were distributed to the Board for their information.

Moved by W. Kuhn, seconded by J. Jenkins to adjourn.

Motion approved 4~0.

Meeting adjourned at 12:50 pm )1/' ~(;£ .z-v<-£-t;;,.._~ William E. Twietmeyer Secretary/Treasurer

MINUTES TRAVERSE CITY PLANNING COMMISSION

REGULAR MEETING

Tuesday, October 2, 2018 7:00 P.M.

Commission Chambers Governmental Center, 2nd Floor

400 Boardman Avenue Traverse City, Michigan 49684

1. CALL MEETING TO ORDER- Chairperson Koe be rt called the meeting to order at 7:00 pm.

2. ROLL CALL Mrs. Luick called roll for the Planning Commission

PRESENT: Commissioners Janet Fleshman, Vice-chairperson Mike Grant, David Hassing,

Michele Howard, Chairperson Linda Koebert, Brian McGillivary, Heather Shaw, Jim Tuller.

ABSENT: Commissioner Camille Weatherholt. STAFF: Russ Soyring, Planning Director; Missy Luick, Planning and Engineering Assistant.

3. ANNOUNCEMENTS- None.

4. APPROVAL OF MINUTES

A. August 7, 2018 Regular Meeting minutes, August 21, 2018 Special Meeting minutes, September 18, 2018 Special Meeting minutes and September 18, 2018 Study Session minutes {Approval recommended)

Motion by Commissioner Howard, second by Commissioner Hassing, to approve the August 7, 2018 Regular Meeting minutes, August 21, 2018 Special Meeting minutes, September 18, 2018 Special Meeting minutes and September 18, 2018 Study Session minutes.

Motion carried 8-0 (Commissioner Weatherholt absent).

5. OLD BUSINESS

A. ·consideration of an amendment to the Traverse City Code of Ordinances Definitions, Section 1320.07; Setbacksi yards, Section 1368.02 in the Size and Area

Requirements; all sections in Chapter 1372 Landscaping; Encroachments into the setbacks, Section 1330.05 in the Residential Conservation Chapter; Encroachments into the setbacks, Section 1332.05 in the Single-Family Dwelling Chapter;

Encroachments into the setbacks, Section 1334.05 in the Two-Family Dwelling

Planning Commission Minutes Page 2

Chapter; Encroachments into the setbacks, Section 1336.05 in the Multiple-Family Dwelling Chapter; Encroachments into the setbacks, Section 1338.05 in the Hotel Resort Chapter; Encroachments into the setbacks, Section 1340.05 in the Office Service Chapter; Encroachments into the setbacks, Section 1342.05 in the

Neighborhood Center Chapter; Encroachments into the setbacks, Section 1344.05 in the Community Center Chapter; Encroachments into the setbacks, Section 1347.05 in the Development Chapter; Encroachments into the setbacks, Section 1348.05 in the Transportation Chapter; Encroachments into the setbacks, Section 1350.05 in the Government/Public Chapter; Encroachments into the setbacks, Section 1354.05 in the Industrial Chapter; Encroachments into the setbacks, Section 1356.05 in the Northwestern Michigan College Chapter; Encroachments into the setbacks, Section 1358.05 in the Hospital Chapter; regarding amending regulations concerning trees (Discussion and possible introduction and scheduling of a Public Hearing for November 6, 2018)

Mr. Soyring summarized his September 27, 2018 memo to the Commission.

Commission discussion.

T.J. Andrews addressed the Commission.


The following individuals addressed the Commission:

• Jesse Johnson, 1268 S. Ridge Court

• Jean Derenzy, Traverse City Downtown Development Authority CEO

• Jim Winter, Builders Exchange


No action was taken.

B. Medical Marihuana Provisioning Center zoning districts and Medical Marihuana Collective use (Discussion)

Mr. Soyring summarized City Clerk Ben Marentette's September 11, 2018 memo regarding medical marihuana. Commissioner McGillivary who serves on the City Commission Ad Hoc on this topic also provided background information regarding the request.

Commission discussion included general agreement that Medical Marihuana Collectives should be removed from our zoning ordinance. The Commission had interest in discussing additional districts for Medical Marihuana Provisioning Centers.



• Mike Corcoran, 5th Street resident and city business owner

• Michael Thule, 1224 Plainview

6. NEW BUSINESS

A. Lower Boardman River Draft Assumptions (Discussion)

Mr. Soyring serves on the Lower Boardman River committee and summarized the purpose and intent of the Draft Assumptions document to the Commission.

Jean Derenzy, Traverse City Downtown Development Authority CEO, addressed the Commission.


The Planning Commission was generally supportive of the Draft Assumptions document. No action was taken.

B. Planning Commission representative to serve on the Grand Traverse Commons Joint Planning Commission to replace Brian Haas term ending 5/14/20. (Action requested)

Chairperson Koebert volunteered to serve on the Grand Traverse Commons Joint Planning Commission.

Motion by Commissioner McGillivary, second by Commissioner Howard, to recommend Linda Koebert to serve on the Grand Traverse Commons Joint Planning Commission to fill the term vacated by Brian Haas.

Motion carried 8-0 (Commissioner Weatherholt absent).

7. CORRESPONDENCE

A. 200-300 block of Sixth Street rezoning request letter from Fred Nelson dated September 11, 2018 (Discussion)

Mr. Soyring explained that Mr. Nelson has requested a Planning Commission initiated rezoning of several properties located in the 200-300 block of Sixth Street from R-2 to R-lb.



• Fred Nelson, 209 Sixth Street

• T. Michael Jackson, 217 Sixth Street


It was suggested by a member of the Planning Commission that signatures of

possible affected property owners be submitted.

No action taken.

8. Code Enforcement Quarterly Report April-June 2018 (Receive and file)


No action taken.

8. REPORTS A. City Commission - Commissioners Howard and McGillivary reported. 8. Board of Zoning Appeals- Commissioner Hassing- None.

C. Grand Traverse Commons Joint Planning Commission - Commissioners Shaw- None.

D. Planning Commission Committees: 1. Housing and Building Committee- Commissioner Fleshman- None.

E. Planning Department-Mr. Soyring- None. F. Planning Department/Staff-led Committees:

1. Tree Committee (Watershed Center Committee} - Commissioners Grant and

McGillivary- None.

9. PUBLIC COMMENT • Vice-Chairperson Grant requested that the Public Participation Plan be distributed to

the Planning Commission

• Chairperson Koebert announced that 3 Planning Commissioners including herself,

Commissioner Hassing and Commissioner Shaw will be attending the state Planning Michigan conference in Grand Rapids. Additionally, both Mr. Soyring and Mrs. Luick will

be attending from the Planning Department.

10. ADJOURNMENT- Chairperson Koebert adjourned the meeting at 8:58 p.m.

Respect ully submitted,

MINUTES TRAVERSE CITY PLANNING COMMISSION

SPECIAL MEETING

Tuesday, October 16, 2018 7:00 P.M.

Commission Chambers Governmental Center, 2nd Floor

400 Boardman Avenue

Traverse City, Michigan 49684

1. CALL MEETING TO ORDER- Chairperson Koebert called the meeting to order at 7:00 p.m.

2. ROLL CALL- Mrs. Luick called roll for the Planning Commission.

PRESENT: Commissioners Janet Fleshman, David Hassing, Chairperson Linda Koebert, Brian McGillivary (arrived at 7:01 p.m.), Heather Shaw and Jim Tuller

ABSENT: Vice-chairperson Mike Grant, Commissioners Michelle Howard and Camille Weatherholt

STAFF: Russ Soyring, Planning Director; Missy Luick, Planning and Engineering Assistant

Commissioner McGillivary arrived at 7:01 p.m.

3. ANNOUNCEMENTS-

• Mr. Soyring announced that the Form Based Code committee will meet tomorrow at 1:00p.m.

• Chairperson Koebert announced that Vice-Chairperson Mike Grant was reappointed to the Planning Commission by the City Commission last night and that a committee has been formed by the City Commission to interview candidates to replace Planning Commission seat currently held by Camille Weatherholt.

4. Consideration of removing the use of Medical Marihuana Collectives and all references to Medical Marihuana Collectives from the Traverse City Code of Ordinances (Action Requested)

Mr. Soyring summarized his October 11, 2018 memo to the Commission on the topic. Commissioner McGillivary, who sits on the City Commission Medical Marihuana Ad Hoc Committee, provided additional background information regarding this topic.


Motion by Commissioner McGillivary, second by Commissioner Hassing, that an amendment to the Traverse City Code of Ordinances Definitions, Section 1320.07; Uses Allowed, Section 1344.01 in the Community Center Chapter, and the Uses Allowed, Section 1358.01 in the Hospital Chapter to support the removal of Medical marihuana collective as a use and all references to Medical marihuana collective be removed from the Zoning Code be recommended for approval to the City Commission.

Motion carried 6-0 (Commissioners Grant, Howard and Weatherholt absent).

5. Consideration of introducing and possibly scheduling a Public Hearing to amend regulations to consider allowing Medical Marihuana Provisioning Centers in the following zoning districts: C-2 (Neighborhood Center), C-3 (Community Center), C-4 (Regional Center), D-1, D-2, D-3 (Development), HR (Hotel-Resort), H-1, H-2 (Hospital) and I (Industrial) Districts (Action Requested) .

Mr. Soyring stated that the districts proposed for Medical Marihuana Provisioning Centers are consistent with the districts where pharmacies are allowed.


Motion by Commissioner Shaw, second by Commissioner McGillivary, that an amendment to the Traverse City Code of Ordinances Uses Allowed, Section 1338.01 in the Hotel Resort Chapter, Uses Allowed, Section 1342.01 in the Neighborhood Center Chapter, Uses Allowed, Section 1347.01 in the Development Districts Chapter, Uses Allowed, Section 1354.01 in the Industrial District Chapter and the Uses Allowed, Section 1358.01 in the Hospital Chapter regarding amending regulations to consider allowing Medical marihuana provisioning centers for the following zoning districts: C-2 (Neighborhood Center), C-3 (Community Center), C-4 (Regional Center), D-1, D-2, D-3 (Development), HR (Hotel-Resort), H-1, H-2 (Hospital) and I (Industrial) Districts be introduced and recommended for scheduling a Public Hearing on November 6, 2018.


• Melissa Morrison, 19230 Fowler Road, Lake Ann, Ml 49650

Motion carried 6-0 (Commissioners Grant, Howard and Weatherholt absent).

Commission discussion included possible removal of the 1000' separation requirement between Medical Marihuana Provisioning Centers. This topic will be placed on a future agenda.

6. PUBLIC COMMENT • Commissioner Hassing commented on all of the Halloween decorations throughout

town.

• Chairperson Koebert commented on the impressive Traverse City tree canopy she observed while flying back into Traverse City today.

• Mrs. Luick thanked Chief Tuller and the Traverse City Fire Department for hosting the Fire Station Open House last Saturday.

7. ADJOURNMENT- Chairperson Koebert adjourned the meeting at 8:02 p.m.

Respectfully submitted,

~Z>V\QIM,,s Heather Shaw, Secretary

MONTHLY OPERATING REPORT

TO:

COPY:

FROM:

DATE:

Martin Colburn, Traverse City Manager John Divozzo, Grand Traverse County Director of Public Works

Art Krueger, Director of Municipal Utilities Benjamin Marentette, City Clerk Traverse City Commission Grand Traverse County Board of Public Works Kevin Dahl, JACOBS, Manager of Projects

Elizabeth Hart, Project Manager

November 15th, 2018

SUBJECT: Monthly Operations Report for October 2018

Attached to this report are the following items: October's report to the state, which has been submitted electronically, and a financial summary for the Traverse City Regional Wastewater Treatment Plant (TCRWWTP) and the Grand Traverse County Septage Treatment Facility. The monthly TCRWWTP loadings report will be updated in next month's report.

TRAVERSE CITY

OPERATIONS AND PROJECTS

The Treatment Plant was in full compliance through the month of October. We submitted the Annual Biosolids Report to the MDEQ, as well as, the final PFAS report they are requiring at this time.

We are able to permeate at a rate that can more than meet current flow demands and produce an effluent that meets, and for many parameters, exceeds DEQ requirements. (Please refer to the permeability graph)

OPERATING REPORT

NOVEMBER 2018

1 r (, ' .. , ~ l".l

5 14.00 .....

Dai>t Average Perm e:abilit y - Oct ober 2018

f ~~~~ L I L~ : I :.::::: l : : i ;!~ : : I ~ 1 ! ~ ~ ·-.. (,.)

> 6.00 +J

.=:i ~ .l u ~ :'.r "°' (l)

c L,\. . ' I...

,:., 0.... 00 =<: .Y." ::r. c..·· f) <, C'O {I)

~ 00 (") ' t) '· (:f' C'J ( ,;) a-: 00 (.'{) tQ C<) ::Y.l .... -< r• - ..... rl - rl ... - - rl ..., ·- rl - ..... .-l .-l 0 C r:: C 0 ,- !"' 0 -:, C C ,::.. 0 C C 0 0 0 0 0 ""

,, " N "' '" .....:_ < - ~. N (' . N ('. N N r ,

~ N N N ...... -- -.... ..__ -.... ~-. ...... - -- ..._ -.... -- ..... -- -- -•. -- -- ---< ~. 'l tr, ·..c r-- ':>.:: =1 0 ,.... Cl r,"] - L1 I,(, r-.. co O": c · rl N t'!1 ., ,;.., -.... -.... 2 " rl rl rl .-l . rl r . ...... rl ..... N N "I N 0 ,::;' ~

c; ..:i -=,· -:, C --~ -- -.... ...... a~ -.... -.... -- -.... o' -.... -.... d -. - r • - -< ..., ~ .... 0 0 0 0 C 0 0 0 0 0 0 -. rl d 1·--: .-l ,..... ,...., rl rl .-l .... ,-i r1 .-l

-Train l ABP Trr1 in 2 .t\BP Train 3 -~ g p Train 4 ABP

....... Train 5 , GP Train G ABP~Train 7 ABP .....,Train 8 ABP

Note: Trains that have triangle shaped markers have SOODs cassettes. No data was available from October 24th to the 31st, as a result of an error in the SCADA reporting process.

We completed the cleaning of all lift station wet wells and the influent screening building wet well.

We continue to work with the University of Michigan to better understand the presence of comma shaped Gram-positive bacteria in our biomass. The University will provide updates to their earlier hypothesis when all the newly obtained data has been analyzed and interpreted.

On 11-2-18, a 3-inch pipe, discharging from a nearby sump, failed at the coupling connecting it to an 18-inch portion of the primary header. The header conveys screened influent to the facility's primary tanks for further treatment. We estimated that the sewage was flowing from the leak at approximately 600 gallons/minute, quickly filling the basement area. Jacobs' staff responded and facilitated the isolation and repair of the failed pipe. The effort involved contractors/vendors and will result in considerable costs. (Please refer to the pictures below) The header was previously identified as a priority project, but after this event Jacobs and City staff are going to work together to expedite the engineering of the replacement of the primary header, as well as, the actual

OPERATING REPORT

NOVEMBER 20 18

replacement which is currently budgeted in the capital improvement plan for 2019-2020.

Failed 3" pipe with sewage flowing from 18" primary header

OPERATING REPORT

NOVEMBER 201 8

Flooded basement area at the entrance to basement

OPERATING REPORT

NOVEMBER 2018

Flooded basement area to the right of the stairs by the leak

OPERATING REPORT

NOVEMBER 2018

Flood basement area to the left of the stairs

OPERATING REPORT

NOVEMBER 2018

Repair of the failed 3" pipe

Maintenance

• We replaced all the floats in the Front Street Lift Station wet well.

• We installed a new check valve in pump #2 at the Front Street Lift Station.

• We repaired primary tanks #1 north and #2 south.

• We finished the commissioning of screw pump #l's new drive assembly.

• We replaced the scour air valve assembly for membrane train #8.

OPERA TING REPORT

NDVEM8 ER 2018

IPP

We submitted the final PFAS report required by the Michigan Department of Environmental Quality (MDEQ) at this time. We had no findings of concern to report. The concentrations of PFAS substances in the sample collected from the Avenue E area were far below currently identified water quality standards. AECOM, in conjunction with the M DEQ, sampled the facility's influent, effluent and biosolids for PFAS substances on 11-8-18.

We are in the process of completing inspection of the Significant Industrial Users (SIUs) on the collection system. We are required to inspect the SIUs twice per year.

OPERA TING REPORT

NOVEMBER 2018

TCRWWTP action items

UV action plan item

Membrane replacement (890)

Comma-shaped gram-positive bacteria(CSGP B}

Primary header-To be included in the facility plan- facility plan RFP to be developed in 2017-2018 and plan to be creat ed in 2018-2019

Digester condition assessment and reconditioning

Membrane gates need replacing

Front Street Lift Station and main plant programmable logic controls (PLC )5 upgrade

Reconditioning of t hree Archimedes Screw Pumps and trough

Screw Pump 1 Drive Assembly

West SST needs a new Bio-solids pump

TCRWWTP items of importance

Status Estimated total cost

Identifying options for protecting UV modules from flooding-Jacobs identified near term solutions and Jong-term solutions in a technical memo that was sent ta the MDEQ for approval at the request afthe City The City and Jacobs continue to work with the MDEQ

TBD The City has decided to replace one train of membranes per year until all 8 trains are replaced. We recommend budgeting to replace trains at 8yrs of life. Six trains replaced 860,000/train Two trains remain

The University of Michigan's study of the comma shaped Gram-positive bacteria is underway. August 2018-Avery Carlson performed analyses at the TCRWWTP in an effort to pinpoint the problematic ions.

$12S,OOO-Funded September-Jacobs collected samples from the SI Us, Township samplers, City lift stations, and plant influent to be analyzed for the cations identified by the University as ions of interest, as well as, for by Jacobs

TDS these results have been sent to the University.

The primary header, or piping that conducts the waste stream from the grit chambers to the facility's primary tanks, is in need of replacement. Jacobs included in City's capital improvements for 2019/2020 after the facility plan has been completed. (#902) $1,500,000

Digesters #3 and #4 have been in service since 1959. Jacobs recommends a condition assessment and related reconditioning for each digester within the next three years. Jacobs included this recommendation in the City's capital improvement plan. (#966 Condition Assessment, and li948 Reconditioning}

Digester 113's condition assessment was completed and the follow-up report was received. The City issued the RFP for the rehabilitation of digester 3 on October 15", 2018. Thls digester is currently out

$957,500/Digester Reconditioning

of service.

Digester #4's condition assessment is scheduled for 2018-2019 as part of the facility plan

Twelve membrane gates and two aeration basin gates replaced as of Spring 2018. 4 additional membrane gates to replace. (11786)-ln 2018-2019, we will also replace 1 failed aeration $59,982/ S gates basin gate installed

Front Street and the Main plant both have a PLC S that is obsolete and difficult to support. Jacobs recommends the replacement of both PLC Ss in the City's 2017/2018 capital improvement plan. (#899) Project approved by the commission an 12-4-17 $191,593 July 2018-Project commenced

Jacobs recommends replacing both screw pump 2 and 3 in the same year and reconditioning the troughs at the same time if necessary. (Capital Improvement #893) 2017 Screw Pump 111 h;is been reconditioned. $500,000/Screw

Screw Pumps #2 and #3 still need to be replaced included in engineering study scheduled for 2018- Pump

2019. Upgrade in C!P for 2020-2021

Screw Pump 1 Drive Assembly needs replacement. Replacement approved by the City Commission on 2·20-18 Screw Pump commiss ioned in October 2018-Project Complete $200,318

The piston pump currently in use has been in place since the 19705, an d fails often. This project has been completed. (Capital Improvement #894)

$158,370

I

OPERATING REPORT

NOVEMBER 2018

Project

Biofilter media replacement

ATAD tank cleaning

Day Tank Cleaning

SNDR Tanks Cleaning

GTSF reoccurring projects

Frequency Estimated Cost Work completed in 2014 - recommended to be budgeted on a 7-year basis. Added to CIP for 2021

$130,000

Completed in 2018-recommended to be cleaned a minimum of every 7 years $46,000

Completed in 2018-recommended to be cleaned every 10 years $20,000

Completed for the first time in 2018-recommended to be cleaned every 7 years $150,000

Cleaning of the Unloading Bay rock traps and floor drains as needed $1,200 each cleaning-estimated $14,400/year

Annual cleaning of the influent equalization basin- i'. S;t,edu e 1;ir ~ t."··, $27,000 Grit removal

Cleaning of the post equalization basin (note 2016 is the first year this tank will be cleaned out, we may find this tank needs to be cleaned out every 5 years, but for

$10,000

budgeting purposes count on every year)-:- - Scheduled for Nove:r:ioer '.:C ' •

MBR tanks cleaned Completed in 2018-recommended to be budgeted to clean every 3 yrs $90,000 (based on 80,000 gallons removed)

GTCSF items of importance GTSF action items Status Estimated cost

Pumps are aging - 2017, 2018, 2019 Pump Replacement Included in the capital improvement plan for Post Equalization basin, Influent Equalization basin, and both lift

$7,500/pump

stations.

Post Equalization basin pumps installed in March 2017. Modification to foul air - 2020 Jacobs recommends the following modifications be made to the $30,000

foul air system: connect Post EQ to system, and redirect ATAD foul air to SNDR tank. This project is included in the capital improvement plan for evaluation.

Grit removal - 2021,2022 TBD Jacobs included the addition of grit removal in the capital improvement plan. (feasibility study needed)

Fine screens modification needed to remove rags and Included in the capital improvement plan. $18,000 not impede forward flow - 2021

Rock trap for grease pump-needed to protect pump Included in the capital improvement plan $18,000 from large debris - 2023

Bio-so lids load out pipe needed - 2021 Jacobs recommends a sludge load-out pipe be installed so semis $7,500 can be loaded with biosolids from outside the building. Jacobs included this recommendation in the capital improvement plan.

Sludge storage capacity - 2021, 2022 Jacobs recommends a feasibility study be done on the expansion of TBD sludge storage.

This recommendation was included in the capital improvement plan.

OPERATING REPORT

NOVEMBER 2018

Contract Year

2017

2017

2017

2018

2018

2018

2018

2018

2018

2019

2019

2019

2020

2020

2020

2020

2021

2021

2021

2022

2022

2022

2023

2023

2024

2024

2025

2025

Capital Improvement Recommendations-Listed in Order of Importance

Project

Post Equalization Tank Cleaning

Sludge Storage Pump Repair (original estimate $20,000)

Two Post Equalization Pumps Replaced-BPW approved project CH2M to install pumps before winter 2016

AT AD-Clean and inspect

MBR Tank- Clean and inspect

Day Tank and Storage Nitrification Denitri fication Reactor-Clean and inspect

Blower 3 failed-ret rofit to Suitorbuilt much cheaper to replace or repair in the future and parts are more readily available- progreH

Replace Hartzell Foul Air Fan

Facility Capacity Study-to include options for increasing capacity- proRrcss

Blowers 2,3-retro fit to Suitorbuilts cheaper to replace and repair in the future and parts are more readily available

Purchase Replacement Parts for ATAD Jet Pump and ATAD Foam Pump

Replace Two Lift Station and Two EQ Tank Submersible Pumps

Upgrade Facility PLCs-Evaluation Needed-Plan Created

Grit Removal Feasibility Study

Sludge Storage Feasibility Study

Replace Two lift Station Submersible Pumps

Foul air system evaluated for Improved capture

Upgrade Facility's HVAC Systems

Upgrade Facility PLCs

Install Local Disconnects for Unloading Bay Coarse Screens/Add Capability for Coarse Screen Motors to Run in Reverse/ Move and Replace Influent and Post EQ

Tank Electrical Juction Boxes

Sludge Load Out Line

Modify Fine Screens and Compactor

Sludge Storage Expansion

Grit Removal System Added (Requires Feasibility Study)

Replace East & West Load Out Rock Traps

Install Rock Trap on Grease Load Out Line

Modify Foul Air System

Upgrade Facility's Auxiliary Power

Estimated Cost

$20,000

$34,884

$40,000

$35,000

$60,000

$6,000

$12,000

$10,000

$30,000

$10,000

$55,000

TBD

$18,000

$7,500

$18,000

TBD

TBD

$65,000

$18,000

TBD

$500,000

OPERA TING REPORT

NOVEMBER 2018

Facility Operations

The daily average effluent BOD loading for the month of October was 12.24 lbs./day.

Recently, the Fire Marshall performed an inspection at the facility. We are working on addressing the resulting findings expeditiously and have already addressed a number of them.

We submitted the annual biosolids report for the facility to the MDEQ. This yea r, the MDEQ continued to allow us to combine this information with the information submitted under the permit for the TCRWWTP. We are working on getting the Facility its own biosolids permit.

Maintenance

We replaced 5 failed emergency exit lights.

We replaced a bad heater in the MBR building.

We sent pump #1, from the post equalization tank, to Hydrodynamic for inspection and troubleshooting.

Unloading Bays

We repaired the southeast unloading bay garage door. (Please refer to the picture below) We will finish painting the doors in the spring when the temperatures are more conducive to painting.

OPERA TING REPORT

NOVEMBER 2018

We replaced the amp monitor in the east unloading bay control panel.

We observed the average unloading time for the haulers in October to be 12.5 minutes, with an average unloading rate of 180 gallons/minute. The photos below show the general condition of the unloading bays. The bays are cleaned a minimum of twice a day.

October 2018 Traverse City Regional WWTP DMR Summary

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OPERA TING REPORT

NOVEMBER 2018

October 2018 Traverse City Regional WWTP DMR Summary Continued

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Budget Summaries

Traverse City Regional Waste Water Treatment Plant 2018-2019 Budget Summary Oct-18

EXPENSE CATEGORY CY29 Annual Bud et YTD Actuals. Budget Remaining Budget Actuals Variance l HEl\11CALS 182. ~L(l 'il.,5,9-,i ! 29.721,

1-------------------- 3,590 11,603 l LIEN T PlANT & EQUIP \Non Reµair3) <

1-----------'--'----'-------- ---- -+--·-·-- (785) DUES A JD SUBSC~IPTION<; 7t:.() 75(1 G~ 63 _ _ _ ____ _._ ___ --+-----1-------1 EDUCnTION, TRJi ii l~G. MEETn,G<; .l,-lSC. .: -l86 3 CG0 371 371

cLECTRIC11Y .ii; 1,(\1 ! 06,225 . 3'1-l, 779 38 417 38,417

EMPLOYEE EXPENSE ,. · Q,65! 8)01 . 1,.is l 80-1 2,841 (2,037)

INSURANCE 12.5)6 l),:i l 2.272 1.044 1 0·+-1 ~------------_._ ___ ··-··-·- ---,--+------ ·- ----------,--------1------+-----I-LA_BO_R _________________ __ _!!._4,27 J __ , __ 2&_1_, 3_3~..j.-.. _____ 5~_.2_,9_-l_J ____ 8_1_, 1_89-1-___ 7_3,_32_5-+--___ 7,_864__,

OPERAT1NG EXPENSES l l~.102 ·~ 4tt.161 ~~ · so,9 ... 1 10,425 3,256 7,169 1---------------1--- ----- ----+-- - - --+-- ··+---....:......-+ ___ .,;.__-1-----'---t

._O_U_T_Sf_D_E S_E_RV_I_CE_S ____________ .;:_i _25_.,_,,n - ···-· 2,038 _ _ _]_2...:..,9_6_2...._ __ 2..;...,0_8_3 +--------1----'2,'-08_3 ..... SOLIDS HANDLING · l~n:i,320 ' 71,313 225.(107 24,693 24,693 1--------------+···- - --- - - -- ·-1------+-- - ---4------'---I

SUPPLIES ·, B.50l1 10,3~8 3,152 1,125 1,395 (270) 1-------------_._--~--~--- -~~ -I----'---+----'--!----'-~ ._T_E_LE_C_O_M_M_,U_N_IC_AT_IO_N_s ______ ....... _______ ;:.:_' _____ 1_1,.;....11_00-l---'"·._-,"-_ _ 2_.3_1'--l-·· _ _______ 9._o&_s~ ___ 9s_o ____ 1_,4_6_84---___ 1s_1--18)

TRAVEL COS TS __ _ _ __ 3_'.\_6 .. _'9-+- --- .:l,9lH . _ __ 3-t_7_,_ .l6_.._ ___ 3...:..,3_0_4+-____ 1:.....,0_91-.-___ 2:_,2_13_. UTILITlES-OPERA TIONS

Contractor/Vendor Expense

Windemulfe-r $1,694.00

OPERATING REPORT

NOVEMBER 2018

Budget Summaries Continued

Grand Traverse County Septage Treatment Facility 2018 Budget Summary

.... Repairs/Maintenance Total Bud et ; ·

Minor Repairs :,_ ll ()Cli I

Influent Tank Cleaning .- n.ooo Post EQ Tank Cleaning 25,000

Biosolids Dispo5al 60.400 Grit Removal -'it :5 16,8(,()

TOTALS

Current Month Expensed Oct-18

307

307

--~ .•

VTO Ex enses , . 7 059.4i

22,294.44 ;c., • ,•. ~8613

· 46i113

Bud et Remainin

2,941

25,000

38,106 16,414

103,087

Notice City Commission Regular Meeting

Documents

Transcript of Notice City Commission Regular Meeting