Ballot language for the two proposals appears below. If both versions pass, the one with the greater number of votes will prevail.
Proposal A: Petition Initiative Ordinance for Community Benefits Agreements
An initiative to enact an ordinance to amend Chapter 14 of the 1984 Detroit City Code, Community Development, by adding Article XII, titled Community Benefits, which consists of Sections 14-12-1 through 14-12-7, to provide for the purpose and applicability of this article; to provide for definitions of terms used in this article; to require provision of Community Benefits and executed Community Benefits Agreements for certain development projects seeking public support for investment above certain threshold levels; to provide for exemptions for applicability of the article, and to provide for penalties and enforcement of the article.
SHALL THIS ORDINANCE BE ENACTED? YES NO
Proposal B: City Council Petition on Community Benefits
An initiative to enact the “Detroit Community Benefits Ordinance” proposed by the Detroit City Council to amend Chapter 14 of the City Code to add Division XII, Community Benefits, to require the city to establish and consult with Neighborhood Advisory Councils in conjunction with certain large-scale projects involving city property or tax subsidies, to require development agreements between the city and the developers of such projects to incorporate the concerns of the Neighborhood Advisory Councils to the extent feasible, to include certain other related provisions, and to establish that the ordinance is the comprehensive local law on the subject matter.
SHALL THIS ORDINANCE BE ENACTED? YES NO
Read the full proposals here.
Here's a side-by-side comparison of the two versions:
||Proposal A (Sugar Law Bill)
||Proposal B (Benson Bill)
||Council President Brenda Jones introduced the ordinance at council in 2014. After no action over 2 years, residents collected enough signatures of place on ballot giving Detroiters an opportunity to vote on the issue.
||Placed on ballot by Detroit City Council with a 6-3 vote.
|Threshold at which the ordinance is triggered
||Projects costing $15 million or more that receive $300,000 or more in city incentives such as tax abatements, property or other incentives
||Projects costing $75 million or more and receiving $1 million or more in public incentives or on property with a market value of $1 million or more that was sold or transferred to a developer by the city
||Go to www.RiseTogetherDetroit.org for full listing of supporters.
||Scott Benson, Mayor Duggan, Carpenters Local
||Upon submission of a site plan in which developer seeks public support, the city council member in whose district the site falls will call a meeting of the "host community" (community within census tracts of development and possibly adjacent tracts) with the purpose of establishing a host community representative organization. The representative residents will then negotiate a legally binding development with the developer with no further involvement from city council.
||Prior to submitting a request for tax abatement or land transfers to a developer, the city Planning Director will work with district council members to engage the community and help establish a 9-member Neighborhood Advisory Council. Members will be nominated by the community from residents that live within the census tract where the project will be located. Four of the nominated members will then be selected by the planning director, three by City Council, and two by residents that live within the census tract. The Planning Director will facilitate a minimum of one large meeting and one small meeting, between the NAC and developers and additional meetings if approved by two-thirds vote of City Council.
|Process for execution of CBA
||The developer shall engage the host community residents for the purpose of entering into a legally enforceable CBA.
||The Planning Director will submit a Community Benefits Report to city council within six weeks of the public meeting itemizing list of NAC concerns and proposed method to address concerns. A Development Agreement between the developer and city council will include a community benefits provision including procedure for reporting violations and enforcement mechanism.
|Parties involved in CBA
||The developer is required to enter into a legally binding agreement with community members.
||The developer enters into a legally binding agreement with the City and not required to enter into a legally binding agreement with community members, but may do so voluntarily so long as it presents no conflict of interest to the city.
||The community has legal standing to enforce the CBA.
||The City has legal standing to enforce the agreement. An Enforcement Committee composed of City of Detroit Corporation Counsel, Planning and Development, Law Department, Human Rights departments and other departments as deemed necessary will monitor compliance and report to City Council and NAC for a period specified in the CBA. The Planning Director will facilitate at least one meeting per year with the NAC to review project status. City Council has authority to rescind development incentives if development agreement and/or CBA have been violated.