Lansing (MI) City Council info packet for Aug. 30 meeting

8/9/2019 Lansing (MI) City Council info packet for Aug. 30 meeting

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REGULAR M EETING OF THE CITY COUNCILOF THE CITY OF LANSING, MICHIGAN

CITY COUNCIL CHAM BERS, 10TH FLOORLANSING CITY HALL

124 W. MICHIGAN AVENUEAGENDA FOR AUGUAT 30 , 2010

TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:

The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. onThursday, August 26, 2010, in accordance with Section 3-103(2) of the City Charter and willbe ready for your consideration at the regular meeting of the City Council on Monday,August 30, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.

I . ROLL CALL I I . MEDITATION AND PLEDGE OF ALLEGIANCEII I. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of August 23, 2010

IV. CONSIDERATION OF LATE ITEMS(Suspension of Council Rule # 11 is needed toallow consideration of late items. Late items will be considered as part of the regularportion of the meeting to which they relate.)

V. TABL ED ITEMS(Tabled items, if removed from the table, will be considered as partof the regular portion of the meeting to which they relate.)

VI . SPECIA L CEREMONI ESVII . COMMENTS BY COUNCIL MEMBERS AND CITY CLERKVII I. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

event 1 minute limit)

IX. SPEAK ER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATT ERSX. MAYORS COMMENTSXI. SHOW CAUSE HEARINGSXII . PUBLIC COMMENT ON LEGISLATIVE MATT ERS (Legislative matters consist of the

following items on the agenda: public hearings, resolutions, ordinances forintroduction, and ordinances for passage. The public may comment for up to threeminutes. Speakers must sign up on white form.)

A. SCHEDULED PUBLIC HEARINGS

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1. In consideration of an Application for Naming and RenamingMemorials in the City of Lansing filed by Lansing for Cesar E. Chavezto Rename part of Grand River Avenue as Cesar E. Chavez Avenue(NOTE: since the scheduling of this Public Hearing the application hasbeen modified to add an honorary street name of Cesar E. Chaves

Avenue to Grand River Avenue and to rename Lot 56 as Cesar E.Chavez Plaza)

XII I. COUNCIL CONSIDERATION OF LEGISLATIVE MATT ERSA. REFERRAL OF PUBL IC HEARIN GSB. CONSENT AGENDA

1. BY COUNCIL MEMBER CAROL WOOD

a. In recognition of September 2010 as National Alcohol and DrugAddiction Recovery Month

2. BY THE COMMITTEE ON PERSONNEL

a. Approval of a contract with Terese Horn for temporary servicesin the position of Legislative Office Manager

3. BY THE COMMITTEE ON PUBLIC SAFETY

a. Requiring the owners of property located at 6226 Barker St. toMake Safe or Demolish their property within sixty days fromMonday, August 30, 2010

C. RESOLUT IONS FOR ACTI ON D. REPORTS FROM COUNCIL COMMIT TEES

1. BY THE COMMITTEE ON PUBLIC SAFETY

a. Report on the proposed Manufactured Homes Ordinance

E. ORDINA NCES FOR INTRODUCTION and Sett ing of Publ ic Hear ings1. BY COUNCIL MEMBER JEFFRIES, CHAIR OF THE COMMITTEE

ON DEVELOPMENT AND PLANNING

a. Introduction of Z-7-2010; 127 W. Grand River Ave., a requeston behalf of S.A. Properties, LLC to rezone the property at 127

W. Grand River Ave. from C Residential District to G-1Business District to permit the building at this location to berestored to its original historic character and reused forcommercial purposes, and setting a Public Hearing forSeptember 27, 2010


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2. BY COUNCIL MEMBER WOOD, CHAIR OF THE COMMITTEE ONPUBLIC SAFETY

a. Introduction of an Ordinance of the City of Lansing, Michigan,to Repeal Chapter 1615 of the Lansing Codified Ordinancesand Add a New Chapter 1615, to align its provisions with those

of the Michigan Penal Code Fireworks Chapter, to allow forissuance of permits for retail sale for three months or for oneyear, and to clarify when inspections of permittees will beconducted, and setting a Public Hearing for September, 13,2010

b. Introduction of an Ordinance of the City of Lansing, Michigan,to Amend Section 1248.03 of the Lansing Codified Ordinancesto address the presence of primary caregivers under theMichigan Medical Marihuana Act in residential districts (homeoccupation regulation), and setting a Public Hearing for

September 13, 2010F. ORDINAN CES FOR PASSAGE

1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Adoption of Z-3-2010; 2925 and 2935 N. East St., a requestfrom Parviz Soroughian to rezone the property located at 2925and 2935 N. East St. from F Commercial District to E-1Apartment Shop District to allow the buildings at this location tobe used either exclusively for residential, light commercial oroffice use or for any combination of those uses

b. Adoption of Z-4-2010; 1301 E. Miller Rd., a request fromDennis Stiffler to rezone the property located at 1301 E. MillerRd. from H Light Industrial, G-2 Wholesale and J ParkingDistricts to D-1Professional Office District to permit thebuilding at this location to be used for a combination ofresidential and office purposes

c. Adoption of Z-5-10; 717 E. Shiawassee St., a request fromNeogen Corporation to rezone the property at 717 E.Shiawassee Street from "A" Residential to "H" Light Industrialto utilize the property for laboratories, warehousing, assembly,light manufacturing and offices as part of its operations

d. Adoption of an Ordinance of the City of Lansing, Michigan toAmend Title 6 of the Planning and Zoning Code, Part 12 of theCodified Ordinances of the City of Lansing by Adding Chapter1279 to establish and regulate overlay districts in certaingeographic areas of the city


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XIV. SPEAK ER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENTRELATED MATTERS

XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATI ONSAND PETITI ONS; AND OTHER CITY RELATED MATT ERS(Motion that all items beconsidered as being read in full and that the proper referrals be made by thePresident)

1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letters from the City Clerk:

i. Submitting a request to Transfer Ownership of an Escrowed2010 Class C Licensed Business, located at 511 E Hazel,Lansing, MI 48912, Ingham County from Clifford W Green toTini Bikinis - Lansing, LLC; & Requests New Dance-Entertainment Permit

ii. Providing notice of the Denial of Applications for a Cabaret,Billiard Room and Bowling Alley Licenses filed by Rehmann-Robson on behalf of Serrie Inc., Metro Bowl located at 5141Martin Luther King Jr. Blvd. based on the recommendation ofthe Lansing Building Safety Office

iii. Providing notice of the Denial of an Application for a Vehicle forHire Wrecker Class B License filed by Jack L. Thomas onbehalf of Discount Towing located at 8354 S. Clinton Trail,Eaton Rapids, based on the recommendation of the PlanningDepartment

b. Letters from the Mayor re:i. Request for Public Hearing; Z-7-2010; 127 W. Grand River

Ave., a request on behalf of S.A. Properties, LLC to rezone theproperty at 127 W. Grand River Ave. from C ResidentialDistrict to G-1 Business District to permit the building at thislocation to be restored to its original historic character andreused for commercial purposes

2. COMMUNI CATION S AND PETITI ONS, AND OTHER CITY RELATED MAT TERS

a. Letter from the State of Michigan Department of Natural Resourcesand Environment providing notice of the issuance of a permit to theParks and Recreation Department to allow for the construction of a45-foot long boulder, stone or riprap shore protection structure on theRed Cedar River with 35-cubic yards of 6 to 8-inch diameter stoneover a geo-textile fabric


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b. Letter from the State of Michigan Department of Treasury providing acopy of an Obsolete Property Rehabilitation Act (OPRA) Certificate forproperty located at 300 Elvin Ct.

c. Community Funding Reporting Statement submitted by PinebrookManor for its Neighborhood Networks Get to Know Your Neighbor

Day event held August 5, 2010

d. Letter of Resignation from the Park Board submitted by Cynthia Warde. Letters from John Pollard of 1718 Blair St. submitting an alleged

Charter violation by Mayoral Executive Assistant Jerry Ambrose, anda copy of a Freedom of Information Act (FOIA) request regarding CityCouncil committee meetings

XVI. MOTION OF EXCUSED ABSENCEXVII . REMARKS BY COUNCIL MEMBERSXVII I. REMARKS BY THE MAYOR OR EXECUTIV E ASSISTANT XI X. PUBLI C COMMENT ON CITY GOVERNMENT RELATED MAT TERS (City government

related matters are issues or topics relevant to the operation or governance of thecity. The public may comment for up to three minutes. Speakers must sign up onyellow form.)

XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

Persons with disabilities who need an accommodation to fully participate in this meeting should contact theCity Clerks Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certainaccommodations. An attempt will be made to grant all reasonable accommodation requests.


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CITY OF LANSINGNOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,August 30, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor LansingCity Hall, 124 W. Michigan Ave., Lansing, MI to receive public comment on andto consider an Application for Naming and Renaming Memorials in the City ofLansing filed by Lansing for Cesar E. Chavez to Rename part of Grand RiverAvenue as Cesar E. Chavez Avenue. For more information please call 483-4177.Interested Persons are invited to attend this Public HearingCHRIS SWO PE,,LANSING CITY CLERK


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2010-08-12 11:01 P.EYE5 15175411060 >> P2/2

. ^'. &a 27072.tat , 4r909August 12, 2010 c : .

Mr. C hris Swope, City Clerk124 W. M ichigan Ave. , 9t h FloorLansing, MI 48933

Dear Mr. Swope;The Lansing for Cesar E . Chavez Com mittee and the Old Town C ommercia lAssociation are proud to announ ce' you will find attached a joint amendedapplica tion for an honorarium street name of C esar E . Chavez A venue.Also. attached is an application to name L ot 56'in Old Town to C esar E. Chavez'Plaza. There w ill be a joint press conference held F riday, August 13, 2010, 1.2noon at Turner M ini park in Old Town to announce our joint effort.W e will also be making a joint announcement at the Dolores Huerta F undraisingevent on F riday, August 13, 2010, in her honor. If you ha ve further questionsplease fee l free to contact me at (517) 749-0181.Thank you for yo ur attention in this matter .

Attachments

Elva Reyes, ChairThe Lansing for Cesar .E . Chavez C ommittee


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Application for Naming and Renaming MemorialsI n the

City of Lansing, M ichiganAttachments

1-The proposed honorary street name of Cesar E. Chavez Ave, commencing at Oakland and East GrandRiver Ave and ending at Pine Street and West Grand River Avenue. The Lansing for Cesar E. ChavezCommittee and the Old Town Commercial Association is requesting the name of an American herowhose struggle for justice and equality for all Americans is well recognized and documented. He, likeMahatma Gandhi, Martin Luther King Jr., Mother Teresa and others, understood the meaning of nonviolent social change and used it to elevate the human condition. Cesar E. Chavez was a social activistwho founded the first successful Farm Workers union in American history whose mission was to reclaimdignity, fair wages, medical coverage, benefits and humane living conditions for millions of Americans.Cesar E. Chavez inspired millions of Americans and was a recipient of the Martin Luther King Jr. PeacePrize and also awarded the presidential Medal of Freedom America's highest civilian honor. Hisphilosophy, "Si se Puede" or "Yes we can," influenced millions of Americans to seek economic and socialequality since the 1960's and that philosophy is still alive and well today. Cesar E. Chavez, a UnitedStates veteran served in the Navy and served in World War II. His life was dedicated to advancing thecause and improving the life of all farm workers and of all oppressed people in the United States and theworld.2-The effect of the proposed honorary name upon residents is very positive. We have found zeronegative impact and believe the honorary signs for Chavez will give an opportunity to raise awarenessabout who he was and what he did. Other potential positive effects include the increase of commerce,and in turn increased property values, in the area. The signage will illustrate that Lansing, Michigan is acity that believes in diversity and understands the importance of tolerance and inclusion of honoringAmericans who have made a difference for all.3 -The effect of the proposed honorary name upon business is very positive. We have found zeronegative impact and believe the honorary signs for Chavez will give an opportunity to raise awarenessabout who he was and what he did, while limiting the proposed cost of a complete street name change.The proposed additional signage will addresses three main concerns from Old Town businesses andproperty owners. 1) It maintains the historic integrity of Grand River Ave. as a heritage trail and mainartery through the state of Michigan used first by the Native Americans. 2) The additional signage doesnot demand extra cost or confusion for businesses that are currently within the proposed area or thecustomers that patronize them. And lastly, 3) the decision to move forward on a combination ofprojects to honor Cesar E. Chavez and educate the community has been an inclusive one. The processincluded many meetings, letters, signatures, and heightened awareness and respect for what bothLansing for Cesar E. Chavez and the Old Town community want to achieve for the greater Lansing area.4- Implementation cost will be minimal.to both the City and business owners. Maximum cost for signtoppers for the 28 signs along the proposed section of Grand River Avenue is $100 each.

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5 - In terms of anticipated support, each day citizens of Lansing and organizations continue to expressgreat support of a visible and honorable memorial for Cesar E. Chavez. A variety of local organizationsand stakeholders have clearly stated their support of both honorary street signs and Cesar E. ChavezPlaza. This project will unite many of the citizens of Lansing to work together for the betterment of theCity of Lansing using Old Town as a ve hicle to uni fy .6 - Lans ing for Cesar E. Chavez Old Town Commercial Association

P.O. Box 27072 1232 Turner St.Lansing, MI 48909 Lans ing, MI 48906517.749.0181 517.485.4283

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oteefc-d irnp emenzat of cost if ap l catic n. is aaprovedSTEC;roposed fundingt1'A (''\I'!i ^ ` 1 ^11Ylritcipated suppoif aridlor oppositis?n to the proposai^' 1 l 1f' he Proposed Memorial involves .changcng .a street name, this..;ap i i ica#ini ; ':mus t; kaccompanied tip pat ent fcr the estimated cost: 'o rraailing, rig i iwe ttr . o u i r n rs of;a^t prrsuzsrtieuilth mailing addresses oai the subject street and on coscaors'v^hi ri ii t rse toe subjectstmt,

W hen.youtare done with this . form;.. please'ret iri it!tChris Swope City Cleri 'Lansing CityCle k"s=:.O fiinth Floor. C ity Hail 124lllt Michigan Ave. Lansing MI 4893:3 1695cierklansin in i av


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Application for Naming and Renam ing MemorialsIn the

City of L ansing, MichiganAttachments

1-The proposed name change of City Lot 56 to Cesar Chavez Plaza. The Lansing for Cesar E. ChavezCommittee and the Old Town Commercial Association is requesting the name of an American herowhose struggle for justice and equality for all Americans is well recognized and documented. He, likeMahatma Gandhi, Martin Luther King Jr., Mother Teresa and others, understood the meaning of nonviolent social change and used it to elevate the human condition. Cesar E. Chavez was a social activistwho founded the first successful Farm Workers union in American history whose mission was to reclaimdignity, fair wages, medical coverage, benefits and humane living conditions for millions of Americans.Cesar E. Chavez inspired millions of Americans was a recipient of the Martin Luther King Jr. Peace Prizeand also awarded the presidential Medal of Freedom America's highest civilian honor. His philosophy,"Si se Puede" or "Yes we can," influenced millions of Americans to seek economic and social equalitysince the 1960's and that philosophy is still alive and well today. Cesar E. Chavez, a United Statesveteran served in the Navy and served in World War II. His life was dedicated to advancing the causeand improving the life of all farm workers and of all oppressed people in the United States and theworld.

2 -The effect of the proposed plaza upon residents is very positive. We have found zero negativeimpact and believe the signage and educational information throughout the plaza in honor of Chavezwill give an opportunity to raise awareness about who he was and what he did. Other potential positiveeffects include the increase of commerce, and in turn increased property values, in the area. The Plazawill give residents and stakeholders a safe and welcoming area to gather and celebrate the power ofcommunity. The signage will illustrate that Lansing, Michigan is a city that believes in diversity andunderstands the importance of tolerance and inclusion of honoring Americans who have made adifference for all.3 -The effect of the proposed plaza upon business is very positive. We have found zero negative impactand believe the signage and educational information throughout the plaza in honor of Chavez will givean opportunity to raise awareness about who he was and what he did. Currently, the lot in the heart ofLansing 's culture and arts district is the stage for over 111 festivals and events attracting 125,000 peopleand $146,000 in advertising. The plaza has acted as a gathering place for events celebrating the historyand diversity of Lansing and will now be named after a man that recognized the power of community.The process in which this memorial was decided included many meetings, letters, signatures, andheightened awareness and respect for what both Lansing for Cesar E. Chavez and the Old Towncommunity want to achieve for the greater Lansing area.4- Implementation cost will be minimal to both the City and business owners. All improvements toCesar E. Chavez Plaza will be privately funded including archways, statues, gardens and educationalplaques. Lansing for Cesar Chavez will act as the fiduciary arm of the partnership while both Old Town

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Commercial Association and Lansing for Cesar Chavez volunteers will donate time and resources tomake the memorial a reality.5- In terms of anticipated support, each day citizens of Lansing and organizations continue to expressgreat support of a visible and honorable memorial for Cesar Chavez. A variety of local organizations andstakeholders have clearly stated their support of both honorary street signs and Cesar E. Chavez Plaza.This project will unite many of the citizens of Lansing to work together for the betterment of the City ofLansing using Old Town as a vehicle to unify.6 - Lans ing for C esar E . Chavez Old Town Commercial Association

P.O. Box 27072 1232 Turner St.Lansing, MI 48909 Lansing, MI 48906517.749.0181 517.485.4283

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4aea e-AO. Fax 27072

44fuet , 71LT 48909August 10. 2010

M r. Chr is Sw ope, Ci ty Clerk124 W. M ichigan Ave. , 9th FloorLansing, MI 48933

Dear Mr . Swope;After much debate and consideration the Lansing for Cesar E. ChavezCo mm ittee w ould l ike the C i ty Counc i l to hold our current appl icat ion for theCesar E. Chavez Street re-naming in abeyance.The committee feels very strongly that our goal to honor Cesar E. Chavez canonly be acc om plished w ith ful l cooperat ion f rom al l par t ies involved.1n the interest of remaining w ithin the ini tia l t ime l ines.of the p rocess we will becontacting you with updated information to help us further our goal of a propermemorial for Cesar E. Chavez.Please forward this information to the City Council for consideration. Thank youfor your prompt attention in this matter. If you have further questions feel free tocontact me at (517) 749-0181.

Cc: Old Town C omm ercial Associat ion

Elva Reyes, ChairThe Lansing for Cesar E. Chavez Committee

"Preserving the legacy of Cesar E. Chavez through education, commemoration, serviceand self determination." .. .

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eewc E. e -'ex 27072

ar c y, W M 4t909

March 29, 2010

Mr. C hr is Swo pe, Ci ty Clerk124 W . Michigan Ave. , 9th FloorLansing, Ml 48933

D ear M r . Swope ;The Lansing for Cesar E. Chavez Committee is making application for a streetrenaming from East Grand River Avenue to Cesar E. Chavez Avenue. The localstreet section being considered is East Grand River Avenue commencing atOakland Avenue and ending at Pine Street and West Grand River Avenue.The Lansing for Cesar E. Chavez Committee members have committedthemselves not just to this initial effort of renaming a street in honor of Cesar E.Chavez; but to continue his 'humanitarian efforts throughout our community.Please find attached the necessary documents needed for review to consider theapplication and a check for the cost of the mailing for notification to thoseaffected by the change. If there is more information or documentation needed tocomplete the process please contact me at (517) 749-0181. Thank you for yourattention in this matter.The committee leaves you with our words of encouragement. Si se puede!

va Reyes, ChaiThe Lansing for Cesar E. Chavez Committee

attachments


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Application for Naming and Renaming MemorialsIn the

City of Lansing, Michigan

Proposed name: camBasis and significance of proposed name:

Object, site, or street to be named or renamed:

impact on businesses:Jif the Proposed Memorial involves changing a street name, this application must beaccompanied by payment . for the estimated cost of mailing notice to owners of all propertieswith mailing addresses on the subject

/st!Zreet.applicant's Namer/ AA4,VGt;1Pate:roc qAnnlicant Address:r tI4 a

W hen you are done with this form, please return it to:C hr is Sw ope, C i ty Clerk' Lansing C i t y C lerk 's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml [email protected]

OkY' R -cLA/l , (WA.

Projected implementation .cost if application is approved:Proposed funding:'Anticipated support and/or opposition to the proposal: .044uLetuAw

Main Contact Number: (61J)/q - ,O/'tSecondary Contact Number: (I f you hav e quest ions please call : 517-483-4131

State:V.&ip :


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AO. Vex 270724athi9, ZM14 9O9

'We can not seek ach ievem ent fo r ourse lves and fo rgetprogress and prosper ity fo r our eom m uni tyuram bi tions must be broad e nough to inc lude theaspi rat ions a nd ne eds of others, for thei r sakesand fo r our own. " "Cesar E. Chavez"The Lansing for Cesar E. Chave z Comm ittee;A )-oA_I C 14-, ` . 1 - L kfto tn ,LL. I / ,i


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(5 ) The projected cost should be minimal to the city and to the business ownerscurrently on Grand River. Thirty street signs have been identified that wouldrequire changing from Grand River Ave. to Cesar E. Chavez Ave. According toChad A. Gamble, P. E., Director of Public Service, it cost about $110.00 per signto be replaced and installed. Mr. Chris Swope, Lansing City Clerk, has quotedthe anticipated cost of $117.00 for mailing notification to the area businesses andresidents. In terms of the cost of the business owner's changing their stationery,it is being recommended that a gradual name change process be considered sothat the current stationery can be utilized until the street name is officiallychanged. The businesses would incur a one time only cost as part of the normalprocedure for reordering of stationery with the new street name. Another optionis the Committee has negotiated with a local print shop that will offer a group ratefor printing of new stationery to help absorb some of the cost for the businessowners on Grand River Avenue.(6 ) In terms of anticipated support, each day citizens of Lansing andorganizations continue to express great support of the street name change. Avariety of local organizations have clearly stated their support and lettersdemonstrating that support are attached. The street . name change has receiveda positive response from citizens of Lansing representing all walks of life andethnic and economic backgrounds. It has united many of the citizens of Lansingto work together for the betterment of the City of Lansing using the street namechange as a vehicle to unify and better understand each other.There has been nominal opposition to the street name change. The Lansing forCesar E. Chavez Committee representatives continue to meet with individuals,organizations, business association and business owner's . doing business on theaffected street name change to garner their support. On going meetings havebeen scheduled with agreed upon discussion guidelines of civility, to dialoguewith anyone or any organization that may oppose such a street name change.

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Lansing for Cesar E. Chavez Avenue

Honoring the Life and Legacy of Cesar E. ChavezWhereas, Cesar E. Chavez, a social activist founded the first successful FarmWorkers Union (UFWOC) in the United States, whose mission was to obtaindignity, fair wages, medical coverage, benefits and humane living conditions forthe m ill ions o f farm laborers that toi l in a gr icul tural industry; andWhereas, Cesar E. Chavez, a farm worker, an advocate of civil rights, aspiritual inspiration, an environmentalist, and a crusader for nonviolent civildisobedience,' manifested through fasts, strikes and boycotts focused on safeworking conditions, fair wages, housing, and the banning of child labor, andWhereas, Cesar E. Chavez' philosophy, "Si se Puede" or "Yes we Can"influenced millions of Americans to seek economic and social equality in theagricultural f ields and industry; andWhereas, Cesar - E. Chavez has inspired millions of people, was a recipient ofthe Martin Luther King Jr. Peace Prize, and awarded the Presidential Medal ofFreedom, America's highest civilian honor for his outstanding contributions to ourcountry; and

Whereas, Cesar E. Chavez visited Lansing, Michigan, the Capital City of theState of Michigan, a major agricultural state, several times as a result of hisconcern for the thousands of farm workers in Michigan; andWhereas, it is fitting and proper to honor Cesar E. Chavez, an exemplary rolemodel, for all United States citizens, whose name is synonymous with justice,equality and freedom. Such that Lansing the Capitol City would be proud'to payhomage to this man by naming a street Cesar E. Chavez in his honor.Whereas, the Lansing for Cesar E. Chavez Committee proposes to rename aportion of Grand River Avenue to Cesar E. Chavez Avenue commencing atOakland Street & East Grand River Avenue and ending at Pine Street and WestGrand River Avenue.

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Whereas, it is fitting to rename that portion of Grand River Avenue commencingat Oakland Street and East Grand River Avenue and ending at Pine Street andWest Grand River Avenue, to Cesar E. Chavez Avenue because of its, visibilityand proximity to the Capital, and its location in the heart of Lansing's wellestablished Latino Community and Old Town which has been recognized as acultural and business attract ion. M oreover, the name change will enhance thebusiness and cultural environment of the area, promote economic investment,and will alleviate the confusion caused by the use of North, East, and WestGrand River.Therefore, be it resolved that the Lansing for Cesar E. ChavezCommittee recommends that a portion of Grand River Avenue berenamed Cesar E. Chavez Avenue, as described above, in honor ofand in recognition of this great American hero.

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Lans ing C i ty C ounc i l12 4 W . Mich igan Av e.9th FloorLansing , M I 48933

Dear Ci ty C ounci l Mem bers,

l am sign ing this letter to let you know I support the n ame chang e ofGrand Riv er Ave. to Cesar E. C havez Av e.I t is important to honor a man who has done so much for so many.If the n ame is chang ed I feel i t w ould help the n eighborhood becomestronger and more unif ied.

Thank you,


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February 18, 2010

Lan sing Ci ty Counci lLansing Ci ty Hal l124 W . Michigan Ave .Lans ing, MI 48933Dear C i ty Coun c i l Me mbers ;The Lansing Area Hispanic Business Association is proud to endorse therenaming of part of Grand River Avenue, in Old Town, to Cesar E. ChavezAvenue. Why Should the Lansing City Council honor Cesar E. Chavez?This man was an:1. American activist and Labor organizer2. He leaves a legacy of fairness and justice for all3. He was respected and honored by Presidents and the American people4. He left us with core values of stewardship, relevancy, service to others,sacrifice, non-violence and respect for life and the environment.On August 8, 1994, President Clinton awarded the Medal of Freedom to Cesar E.Chavez. In the citation accompanying America's highest civilian honor, whichwas awarded posthumously, the President lauded Chavez for having "facedformidable, often violent opposition with dignity and nonviolence and he wasvictorious." Cesar E. Chavez left our world better than he found it, and his legacyinspired us still. He was for his own people a "Moses figure" the Presidentdeclared. "The farm workers who labored in the fields and yearned for respectand self-sufficiency pinned their hopes on this remarkable man who, with faithand discipline, soft spoken humility and amazing inner strength, led a verycourageous life." The time has come for the city of Lansing to stand tall andhonor this great American hero.

John J. Catiilo, PresidentLansing Area Hispanic Business Association


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Lansing City Council124 W. Michigan Ave.9t h FloorLansing, Ml 48933

Dear City Council Members,

l am signing this letter to let you know l support the name change ofGrand River Ave. to Cesar E. Chavez Ave.It is important to honor a man who has done so much for so many.If the name is changed l feel it would help the neighborhood becomestronger and more unified.

Thank you,

1.2 .6n O' wl


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PresidentRober ta CannonVice PresidentKim WilsonSecretary/reasurerGlender AndersonRecording SecretaryAnita R. D awsonCorresponding SecretaryTemea Robertson

Lansing ChapterAT R.I .A. Philip . Ra ndolph InstituteP.O. BOX 12041 LANSING, MI 48901-2041

ParliamentarianJohn FedewaSergeant -a t-A rmsMaria StarrTrusteesMelvin ColemanMarilyn CoulterVeronica Johnson

March 2, 2010To: Community LeadersRE: Lans ing for Cesar E. ChavezOn beh alf of the A. Phil ip Randolph Ins t itute =- Lans ing . Chapter, would like toexpress our support of the Lansing for Cesar E. Chavez Committee. As anorganization named fo r another labor leader, A. Philip Randolph, we understandthe importance of the sacrifice and courage that these men endured in theirlives. They strongly fought for equality of all people. We as a nation have reapedthe benefits of their hard work and commitment."Fighting for social justice, it seems to me, is one of the profounder ways inwhich man can say yes to man's dignity, and that really means sacrifices. Thereis no way on this earth in which you can say yes to man's dignity and know thatyou' re going to be spared some sacrifice." Chavez, 1975it is based on this principle that we are asking you to strongly consider therequest of the Committee to rename Grand River Avenue (commencing atOakland Street and ending at Pine Street and West Grand River Avenue) toCesar E. Chavez Avenue. Chavez sacrificed much, and we feel that it is time thathis dignity is honored.in Solidarity,

Roberta Cannon, PresidentA .Philip Randolph InstituteLansing Chapter

"Freedom is never granted, it is won. Justice is never given, it is exacted... "014


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MICHIGAN STATEUNIVERSITYFebruary 24, 2010Cesar E. Chavez C ommitteeLansing, MIDear Com mittee M embers:It is my pleasure to support your efforts to have the C ity of Lansing adopt a m easure thatwil l honor Cesar E. Chavez in a manner that pa ys t r ibute to him and reminds us of h isextraordinary l ife and how much he contributed to Lan sing, to Michigan, and the nation .Cesar E. C havez w as one of those extraordinary individuals who reminded the enti renation about i ts core values, and through his actions, raised our hum anity and that of thepeople on w hose behalf he advoca ted - farmworkers and their famil ies.Cesar C havez focused the nation on the basic principles that we are al l human and thatthe poor and pow erless must not be treated in subhuman wa ys just because those withpower a nd resources wish to do so as they p ursue profits and wealth .Frmmworkers and their families tend to and harvest the crops that feed the nation and theworld. These are h ardworking ho nest people w ho, during his t ime, l ived and labored,and, in man y cases s ti l l today, continue to l ive an d labor in deplorable con ditions on ournat ion's farms. They experienced long hours in the fields without basic necessit ies,such as shade from the hot sun, drinking water and toi lets , often under the spray o fpesticides, and for exceptionally low wages.

J S R 1 Cesar argued that these conditions robbed w orkers out of several years of l i fe, with theaverage l i fe span of a farmw orker during his day being as low as 49 years .Cesar forced the nation to recognize the humanity of farmw orkers and in the processforced us to confront our ow n huma nity and the level of civi l ization which our na tionhad achieve d or failed to achieve.Important ly, he did this using n on-violent methods. He, l ike others before him,envisioned a better society - one that affi rms the humanity of us a l l ; that provides decentworking con ditions and w ages for farmworke rs , and provides real opportunity foreveryone to pursue life, liberty and happiness.Cesar C havez is a symbol of our humanity; a reminder that al l of us should work for abetter society - that conspicuous consumption is not a virtue, and that our ow n l ivesshould not be based on the dehumanization of others .This message is one that needs to be taught to our c hi ldren and one that w e must be

JULIAN SAMORARESEARCHINSTITUTEMichigan State University1407 South HarrisonSuite 301 NisbetEast Lansing, MI48823 -5286

Phone: 517 .432 .1317Fax : 517 .432 .2221E M a i l : jsamorai@m su.eduwwwjsr i .msu.edu


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constantly reminded of i f we are to s tay the course in real iz ing a better, more just andmore huma ne society and w orld. The near collapse of our financial sector reminds usthat human nature has not ch anged much over the centuries , and that greed must beovercome with values and principles that guide our behaviors.Cesar C havez c ould have led a vastly different l ife given his talents , but instead hededicated himself to improving the l ives of one of the m ost vulnerable populations inour society. In doing so he became the m ost recognized Latino leader.of the 20 thCentury.For his achievemen ts and contributions Cesar Chav ez was nom inated three t imes for theNo bel Peace Prize by the Am erican Fr iends Service Comm ittee . In 1994, he wasawa rded the Presidential Medal of Fre edom by President W il liam Clinton, and in 2006,he wa s inducted into the Cal ifornia Hall of Fame by G overnor Arnold Schw arzenegger.He h as been recognized by o rganizations, ci t ies , towns, and states across the co untry.Sadly, Lansing, the cap i tal city of M ichigan, a s tate which has hosted mil l ions offarmwo rkers over the dec ades, and maintains a $4 bi l l ion industry with the support offarmwo rkers , has not been wil l ing nor found a w ay to pay tribute to this great man.Cesar C havez ' courage w as extraordinary, his commitment w as extraordinary, and hisdeeds and l i fe were extraordinary. Lansing must find a way to celebrate both his l ifeand his contributions to M ichigan and show the s tate and the nation that i t , too, standsfor justice and equa lity for a ll .Sincerely,

Lae--1m,Ruben Mart inez, PhD .Director

2


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Lansing Branch

Winston Williams, Jr.PresidentGiender Andersonle Vice PresidentDorothy WilsonSecretaryCathy M ilettAssistant SecretaryMarquis HudsonTreasurerExecutive Committee:Sarah AnthonyJeanne BaughJerusha BonhamLester BryantRoberta CanonMelvin ColemanMarilyn CoulterAnita DawsonPatricia FitzpatrickJames GillBetty G ilmoreCarolyn LoganLillian McFadden, EdD.Melvin M cWill iams, Esq .Tynnetta Qaww eeDerrell SlaughterDanielle StubbsPenny WarnerRudolf Wilson

National Association for the Advancem ent of Colored People

March 22, 2010

Elva ReyesLansing for Cesar E. Chavez Committee'1984 S. Steward RoadCharlotte, Ml. 48813

Dear Mrs. Reyes,

The Lansing Branch NAACP is honored to support the Lansing forCesar E. Chavez Committee, in their efforts to request that the City ofLansing rename the city street Grand River Avenue (commencing atOakland Street and ending at Pine Street and West Grand River Ave.) toCesar E. Chavez Avenue.

Cesar E. Chavez stood on the principles of ensuring the political,educational, social, and economic equality of rights of all persons and toeliminate racial hatred and racial discrimination. These are also the sameprinciples that the NAACP has embraced for over . 100 years.Thus the Lansing Branch NAACP understands that it is vitally

important that the memory of Cesar E. Chavez is actively engaged in theminds and hearts of the citizens of Lansing on a daily basis. This is a greatopportunity for Lansing to advance Cesar legacy of working together for thebetterment of mankind.

The renaming of Grand River Ave. is long overdue. I am confidentthat no 'matter what struggles we have to overcome, we will be victorious.

Winston Wil l iams, Jr .President : . .


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1JTOMOBILE AEROSPACE AGRICULTURAL IMPLEMENT W ORKERSofAMERICA (UAW)

LOCAL O. 65426 CLA R E STR EET e L A N S I N G , M I C H IG A N 4 8 9 17

1 ' r S f r N c ; ^ ^ ^ ^ r TELEPHON E: (517) 372-7581,^, MIKE GREEN, PRESIDENT BOB SMITH, FINANCIALSEC'Y-TREAS.

TION n\,)} R A N D Y F R E E M A N , VICEPRESIDENT FRED CHARLES, RECORDING SECRETARYDecem ber 18, 2009

Alfonso SalasCesar Chavez Commit tee3705 W . Jol ly Rd.Lansing, Iv1[ 48911

Dear M r. Salas,W e stand in support of the Cesar Ch avez Co mmissions quest to name a street inhis honor.Cesar stood for and abo ut labor unions, the disenfranchised, working people an dpeople of color.Therefore the mem bership of UAW Loc al 652 stands in support of this mission tohonor a great American.

In Solidarity & " Si Se Puede",

s-771 M-e4-Mike G reen, PresidentJ JAWI;oca1652 .

MG jamegopeiu42afl-cio


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rnagamyted Loca[7o. 724, UAW450 CLARE ST.. LANSING, MI 48917 PHONE .(517) 482-7377 FAX (517) 482-0586

IN T E R N A T IO N A L U N I O N , U N I T E D A U T O M O B I L E , A E R O S P A C E & A G R IC U L T U R A L IM P L E M E N T W O R K E R S O F A M E R IC A - U A WDEAN L. POGGIALI - President DEBRA S. MILLS - Financial Sec./Treas.

January 15, 2010

Alfonso Salas- .C/O` Cristo Rey.C lwrch .6121 Rosedale' Lansing, M i 48911Al,

On behalf of the membership of Amalgamated UAW Loca l 724, we stand insupport of the e fforts . to rename a street in honor of Cesar E. Ch avez:In order for La nsing to proclaim itself as a "w orld class city", we must go foitivardin honoring a "w orld class American." .In closing, *e believe honoring this great Am erican labor leader is important .'nether a :sire_et, . plaza, or a building, the true testament is to live our-lives followingthe principles of such American h eroes as Cesar E. Ch avez, W alter Reuther and M artinLuther King.

Dean L. .Poggi esidentAmalgamated UAW Local 725

1 1 1 4 5 . . ( ^ , , , ^ ( a G ^ Q - - ^- ' ; J : ;r^ ? ,_ -7L L 1 1 6.F -J az-5__ ^ i:ia-tia.. i_.__ .__c . ..- REPRESENTING THE FOLLOWING MEMBERS.ALLI AN C E DNCC LEARBHARAT FO RGE DR. PEPPER 7-UP ROBINSON SOLUTIONSBRIDGEWATER HUNTSMAN RSDCDAKKOTA IMPCO WOODB RIDGED E L T A D E N T A L -_^'^^ L O C A L 7 2 4 R E T I R E E S


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BY C O U N C I LM E M B E R C A R O L W O O DR E S O LV E D BY T H E C IT Y C O U N C I L O F T H E C IT Y O F L AN S IN GWHEREAS, treatment and recovery improve the community's welfare andprovide a renewed outlook on life for those who struggle with substance usedisorders and thei r fami ly an d f r iends; andWHEREAS, 23.2 million people age 12 and older in the United States neededtreatment for a substance use disorder in 2009 and less than 10% were able toaccess t reatment; andWHEREAS, the stigma attached to alcohol and drug disorders has kept asign i ficant num ber of Amer icans f rom seek ing t reatment fo r thei r use; andWHEREAS, resources exist online and in our community, willing, ready, and ableto provide education, prevention, treatment, and a welcoming hand to helpchange an d red i rec t li ves; andWHEREAS, it is critical that we educate our community members that substanceuse disorders are treatable, yet serious health care problems, and by treatingthem like other chronic health conditions, we can improve the quality of life forthe ent i re comm uni t y ; andWHEREAS, to help achieve this goal, the U.S. Department of Health and HumanServices, the Substance Abuse and Mental Health Services Administration, theWhite House Office of National Drug Control Policy, Recovery Network Inc., andthe Recovery Month Coalition invite all residents of City of Lansing to participatei n N a t io na l A lc o ho l and D r u g A dd ic tion M o n t h (Septem ber 2 0 1 0 ) ; andNOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,proclaims the month of September 2010 as National Alcohol and DrugAddiction Recovery Month and encourage the people of the City of Lansing toobserve this month with appropriate programs, activities, and ceremoniessuppor t ing th is year 's theme, "Now More Than Ever ;"BE IT FINALLY RESOLVED, we celebrate those people who are in recovery andthose who serve them. We wish each and every one involved in this endeavorcont inued success.


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B Y T H E C O M M I T TE E O N P E R S O N N E LR E S O LV E D BY T H E C IT Y C O U N C I L O F T H E C IT Y O F L A N S IN GWHEREAS, with the retirement of the City Council's Legislative Office Manager,the City Council is in need of immediate temporary assistance to continue tot imely fulf i ll i ts dut ies and obl igat ions; andWHEREAS, the Committee on Personnel met on Thursday, August 26, 2010 andinterviewed the Legislative Office Manager prior to her retirement and hasdetermined that she is willing to return and assist City Council on a temporaryemploym ent bas is a fte r her re t iremen t ; andWHEREAS, she would continue to serve the City Council temporarily in thecapacity of Legislative Office Manager by entering into a temporary employmentcont rac t w i th in the cons t ra in ts of the curren t FY 20 1 1 budget ;NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,approves entering into a contract with Terese A. Horn for temporary services inthe position of the Legislative Office Manager on the execution of a contractsub jec t to the approva l as to form by the C i t y A t torney .


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B Y T H E C O M M I TT E E O N P U B LIC S A F E TYR E S O LV E D BY T H E C IT Y C O U N C IL O F T H E C I T Y O F LA N S IN GWHEREAS, the Code Compliance Manager has determined that the building located at 6226Barker, Parcel # 33-01-05-08-203-141 legally described as: Lot 136 Southfield is an unsafe ordangero us bu i ld ing as def ined in Sec t io n 1 46 0 . 24 o f th e L ans ing U n i form H o us ing C o de and th eH o us ing L aw o f M ic higan and w as red tagged o n Apr i l 23 , 20 0 8; andWHEREAS, a hearing was held by the Hearing Officers on March 25, 2010, at which theHearing Officers determined that said building was an unsafe and dangerous building andordered the bui ld ing demol ished or made safe by Apr i l 22, 2010; andWHEREAS, said Hearing Officers filed a report of their findings and order with the City Counciland requested the City Council to take appropriate action under the Lansing Housing andP remises Co de and th e H o us ing L aw o f M ic h igan; andWHEREAS, the Housing Law of Michigan and Premises Code require a hearing be conductedto give the property owner an opportunity to show cause why a dangerous structure should notbe dem olished or otherw ise made safe; andWHEREAS, the City Council held a public hearing on May 24, 2010, to review the findings andthe order of the Hearing Officers and the owners were notified in writing of said hearing and hadan opportunity to appear and show cause why said building should not be demolished orotherw ise made safe; andWHEREAS, the Code Compliance Office has determined that compliance with the order of theLansing Dem oli t ion H ear ing Board O fficer has not occurred; andNOW, THEREFORE, BE IT RESOLVED that the owner(s) of 6226 Barker are hereby directedto comply with the order of the Hearing Officers to demolish or otherwise make safe the saidbu i ld ing w i thin s ix ty days f ro m th e da te o f this reso lu t io n , M o nday , A ugus t 30 , 20 10 .BE IT FURTHER RESOLVED that the property owner(s) is hereby notified that this order mustbe appealed within twenty days pursuant to MCL 125.542 and should the owners fail to complywith the Hearing Officers' order for demolition or make safe, the Manager of Code Complianceis hereby d i rec ted to proceed w i th demol i tion of said bui ld ing .BE IT FURTHER RESOLVED whether demolition is accomplished by said property owner orthe city that appropriate seeding and restoration of property take place to avoid run-off toadjacent propert ies.BE IT FURTHER RESOLVED that the cost of such demolition shall be a lien against the realproperty and shall be repor ted to the C i ty A ssessor .BE IT FINALLY RESOLVED that the owners in whose name the property appears upon the lastlocal tax assessmen t record shal l be n ot i fied by the C i ty A ssessor o f the amoun t o f such cost byfirst class mail at the address shown on the records. Upon the owners failure to pay the samewithin thirty (30) days after mailing by the City Assessor of the notice of the amount thereof, theamount of said costs shall be a lien and shall be filed and recovered as provided by law and thelien shall be collected and treated in the same manner as provided for property tax liens underthe general property tax act.


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REPORT BY THE COMMITTEE ON PUBLIC SAFETYTHE COM MITTEE ON PUBLIC SAFETY met on Tue sday, August 24, 2010, to continue thediscussion on its proposed Man ufactured Homes Ordinance , which would allow the City toregister manufactured homes as rentals and ma ke safety inspections.In response to conce rns raised by residents of manufactured home comm unities regarding theinability to enforce Ho using Code regulations, the Committee began discussion on this issue twoyears ago. At that time, we were informed that the Michigan Manufactured Housing Commissionwas respon sible for safety standards and the City had to defer to them for enforcement of safetyissues. In 2009, the Michigan M anufactured Ho using Commissions working w ith the legislatureamende d the State statute to allow local municipalities to inspect rental manufactured home unitsfor safety issues. Go vernor G ranholm signed the legislation into law Ja nuary 10, 2010, at whichtime the City Attorney was asked to review the statute changes and draft an ordinance, w hichwould allow C ode Comp liance to conduct safety inspections to provide safe dwellings for thosewho ch oose to rent mobile homes. The Co mmittee began the discussion on. the ordinanceFebruary 23 , 2010. During the process of drafting an ordinance w e work ed with the City ofLansing B uilding Safety and Code Complianc e Offices, a number of issues came up and to thisdate are unresolved.

e Some o f the concerns of the Dep artment included training for Code Officers based on theNational Manufactured Housing Construction Standards and where our employees couldobtain that training. The law requires the approval of the Lansing Housing and Premises Code by theMichigan Manufactured Housing Commission, which must comport with the NationalManufactured Housing Construction Standards.

The Co mmittee requested that the Building Safety Office compile a report detailing how theproposed ordinance w ould be enforced, a cost estimate for training for Code Com plianceOfficers, along with a plan to implement the amen dment to the Mobile Home C ommission Act 96of 1987. The report outlining their findings is attached.After reviewing the report in the Committee we c ame to the following conclusions:

Ba sed on the information and discussion with the Ma nger of Building Safety and CodeCom pliance Office for the City of Lansing w e cannot implem ent an ordinance to providesafety inspections of rented manufactured homes.u The State a bdicated their responsibility to local m unicipalities without giving them thetools which would allow them to enforce such an ordinanc e. The Com mittee on Public Safety and the staff deemed appropriate by the Manager ofBuilding Safety and Code Compliance conduct a meeting with the Michigan

Ma nufactured Housing Co mmission to discuss the short falls in the statue.The safety of residents who choose to rent should not be based on w hether they rent a singlefamily home, apartment, or mobile home. Ma ny years ago the City of Lansing understood theimportance of hav ing safe housing available for its residents and adopted Lansing Housing an dPremises Code; due to the loophole in the Mobile Home Act people w ho rent mobile homes inLansing can not be assure that same level of safety. Mobile home o ccupants are twice a s likely to


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die from a fi re as o ccupants of other one-or-two family residences according to HUD . This isunacce ptable, the U. S. Fire A dministration states fires in manufac tured homes claim the lives ofover 300 Am ericans each yea r and injure 700 more. Man y of these fires cause by heating andelectrical systems malfunctions and improper storage of combustibles. Many of these are sameissues that today Lan sing cannot inspect for.Date: A ugust 24, 2010

Signed by:Carol W ood, ChairEric Hew itt, Vice Cha irJessica Y orko, Member


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Interoffice Com m unicationBuilding Safety OfficeCity of Lansing

316 N. Capitol Ave., Suite C-iLansing, MI 48933-1238

(517) 483-4355 Fax (517) 377-0169

TO : Councilwoman Wood, ChairPublic Safety Committee .FROM: Chris SegerlindM gr . of B ui ld ing Safe ty & C ode Com pl ianceDATE: August 17, 2010SUBJECT: Manufactured Homes Ordinance

The legislation allowing local units of government to register manufactured homes as rentalsand make "inspections for safety" was proposed in the legislature and was signed into law byGov. Granholm. This is an amendment to the Mobile Home Commission Act 96 of 1987. Thislaw became effective January 4, 2010. It is not a mandate. Municipalities may adopt anOrdinance for this purpose.The change to the Mobile Home Act states a local government may inspect mobile homesrented to tenants by the owner for safety if the safety inspection ordinance applies to all otherrental housing within the local governmental unit. Inspections for safety shall not requireenforcement of any mobile home construction standards that are greater than those applicableto the mobile home under the national manufactured housing construction and safety standardsact of 1974, 42 USC 5401 - 5426, or standards or codes to which the mobile home wasconstructed if it was constructed before application of the national manufactured housingconstruction and safety standards act of 1974.Issues I see are noted below. They are consistent with comments made previously.

This ordinance would not apply to all other rental units in the City of Lansing as requiredby the law. The legislation states the construction standards cannot be greater than those applicableunder the national manufactured housing construction standards a r the codes to whichthey were constructed if constructed before 1974. The published standards and codespertaining to manufactured housing are not available in this office. If a manufacturedunit was constructed in 1972, it would have to be inspected to the 1972 code and/orstandard to which it was constructed. This office has no knowledge as to where thesecodes and/or standards can be obtained if at all..

Mayor Virg Bernero


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The proposed ordinance, along with the Lansing Housing and Premises Code, requiressubmittal to the Manufactured Housing Commission for approval. The legislation does not contain language as to inspector qualifications. City ofLansingCode Officers, Building and Trade Inspectors are not trained to inspect to the standardsrequired in the Act .

The City of Lansing Manufactured Housing Ordinance, as proposed, puts theresponsibility of inspection on the Office of Code Compliance. I am of the opinion thatCode Officers could do a general inspection, however, would not have the ability to citeowners for non-compliance as they are not registered under Act 54 with the State ofMichigan.

Part-time contract inspectors for building, electrical, mechanical and plumbinginspections will be necessary. There will also be the cost of additional training to become knowledgeable in HUD requirements. This training may only be available out ofstate.

I propose waiting until a bulletin is issued by the Bureau of Construction Codes toprovide clarification regarding administration of this change.


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uJJJ

IN T R O D U C T IO N O F O R D IN A N C ECouncil Member Jeffries, Chair of the Committee on Development and Planningin t roduced:

An ordinance of the City of Lansing, Michigan, providing for the rezoning of a parcelof real property located in the City of Lansing, Michigan, and for the revision of thedis t r ic t maps adopted by Sec t ion 12 46.02 of the C ode of Ord inan ces.Property identified as: Z-7-2010; 127 W. Grand River Ave., from "C" ResidentialDist r ic t to "G-1 " Business D ist r ic t

T h e Or d inanc e is r e fe r r ed t o t h e C o m m i t t ee on D ev e lo pm ent and P lann ing .

B Y T H E C O M M IT T E E O N D E V E LO P M E N T & P L AN N IN GR E S O LV E D BY T H E C IT Y C O U N C I L O F T H E C IT Y O F L AN S IN GResolved by the City Council of the City of Lansing that a public hearing be set forM o nday , Sept em ber 2 7 , 20 1 0 , a t 7 p.m . i n C i ty C o u nc il C h am ber s , T en t h F lo o r, L ans ingCity Hall, 124 West Michigan Avenue, Lansing, Michigan, for the purpose of approv ingand /or opposing the O rd inan ce for rezoning :

Z-7-2010; 127 W. Grand River Ave., from "C" Residential District to "G-1"Business Dist r ic t


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OR D I NA NCE #AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THEREZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF LANSING,MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPS ADOPTED BYSECTI ON 1246 .02 OF TH E COD E OF OR D I NA N CES .

The C i ty of Lan sing ordains:Section 1. That the district maps adopted by and incorporated as Section 1246.02 of the Code ofOrdinance s of the C i ty of Lan sing, M ichigan be amen ded to provide as follows:

To cha nge the zon ing classif icat ion of the proper ty descr ibed as fol low s:C ase N umber: Z-7-2010Address: 127 W . Grand River AvenueParcel Number : PPN: 33-01-01-09-331-001Legal Descriptions: West 42.5 Feet of the North 6 Rods of Lots 11 & 12, Block 34,Original Plat, City of Lansing, Ingham County, State of Michigan,f rom "C " Re sidential Distr ict to "G -1" B usiness District .

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof arehereby repealed.Section 3. This ordinance was duly adopted by the Lansing City Council on2010,and a copy is available in the office of the Lansing City Clerk, 9th Floor, City Hall, 124 W.M ichigan Avenue, Lans ing, MI 48933 .Section 4. This ordinance shall take effect upon the expiration of seven (7) days from the datethis notice of adoption is publ ished in a n ew spaper o f general c i rculat ion .

Page 1 of 1 Approval for placement on City Counc il agenda:

Brigham Smith DateCity Attorney


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IN T R O D U C T I O N O F O R D IN A N C ER E P E A L C H A P T E R 1 61 5 A N D A D D N E W C H A P T E R 1 6 1 5C ounc i l M em ber W ood, Chai r o f the Com m it tee on Publ ic Safety in t roduced:

An Ordinance of the City of Lansing, Michigan, to repeal Chapter 1615 of the LansingCodified Ordinances and add a new Chapter 1615, to align its provisions with those ofthe Michigan Penal Code Fireworks Chapter, to allow for issuance of permits for retailsale for th ree m onths or fo r one y ear , and to c lar i fy w hen in spec tions of permi t tees w i llbe conducted,The O rd inan ce is refer red to the Com m it tee on P ubl ic Safety

R E S O LU T IO N S E T TIN G P U B LIC H E A R IN GB y C o u nc il Mem ber W o odRESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be setfor Monday, September 13, 2010 at 7:00 p.m. in the City Council Chambers, 10th FloorLansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan, to repeal Chapter 1615 of the LansingCodified Ordinances and add a new Chapter 1615, to align its provisions with those ofthe Michigan Penal Code Fireworks Chapter, to allow for issuance of permits for retailsale for three months or for one year, and to clarify when inspections of permittees willbe conducted.In terested Persons are inv i ted to at tend th is Publ ic H ear ing


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PUBLIC SAFETY COMMITTEE DRAFT #4AUGUST 18, 2010

1 ORDINANCE NO.AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO REPEAL3 CHAPTER 1615 OF THE LANSING CODIFIED ORDINANCES AND ADD A NEW4 CHAPTER 1615, TO ALIGN ITS PROVISIONS WITH THOSE OF THE MICHIGAN PENAL5 CODE FIREWORKS CHAPTER, TO ALLOW FOR ISSUANCE OF PERMITS FOR RETAIL6 SALE FOR THREE MONTHS OR FOR ONE YEAR, AND TO CLARIFY WHEN7 INSPECTIONS OF PERMITTEES WILL BE CONDUCTED.8 THE CITY OF LANSING ORDAINS:9 Section 1. That Chapter 1615 of the Codified Ordinances of the City of Lansing,

10 Michigan, be and is hereby repealed and replaced with the following:11 CHAPTER 1615. FIREWORKS ORDINANCE12 1615.01. PURPOSE13 THE PURPOSE OF THIS CHAPTER IS TO PRESERVE THE PUBLIC HEALTH, SAFETY,14 AND WELFARE BY ESTABLISHING REGULATIONS FOR THE USE, POSSESSION,15 SALE, STORAGE, AND TRANSPORTATION OF FIREWORKS WITHIN THE CITY.16 1615.02. DEFINITIONS17 AS USED IN THIS CHAPTER:18 F I R E W O R K S MEANS "FIREWORKS" AS DEFINED IN MCL 750.243a(l)(a).19 1615.03. MANUFACTURE OF FIREWORKS PROHIBITED20 THE MANUFACTURE OF FIREWORKS WITHIN THE CITY IS PROHIBITED.21 1615.04. GENERAL PROHIBITIONS

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1 (a) NO PERSON SHALL PURCHASE, SELL, OFFER FOR SALE, POSSESS, TRANSPORT,2 OR USE ANY FIREWORKS EXCEPT AS PERMITTED BY THIS CHAPTER, CHAPTER3 1610 OF THIS CODE, STATE LAW, AND FEDERAL LAW.4 (b) ANY PERSON 18 YEARS OF AGE OR OLDER OR ANY PERSON UNDER 18 YEARS5 OF AGE WHO IS PROPERLY SUPERVISED BY A PARENT OR ADULT GUARDIAN6 MAY PURCHASE, POSSESS, OR USE, IN ACCORDANCE WITH CHAPTER 1610 OF7 THIS CODE, THOSE FIREWORKS FOR WHICH MCL 750.243a(3) DOES NOT REQUIRE8 A PERMIT. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS9 AUTHORIZING THE USE OF FIREWORKS BY A PERSON FOR WHOM NO AMOUNT

10 OF SUPERVISION WOULD RENDER SUCH PERSON'S USE SAFE OR APPROPRIATE,11 NOR SHALL ANYTHING IN THIS SUBSECTION BE CONSTRUED AS PROVIDING12 IMMUNITY FROM LIABILITY FOR NEGLIGENT USE OF FIREWORKS BY ANY13 PERSON, NEGLIGENTLY ALLOWING ANY PERSON TO USE FIREWORKS,14 NEGLIGENT SUPERVISION OF THE USE OF FIREWORKS BY ANY PERSON, OR ANY15 OTHER SIMILAR CAUSE OF ACTION.16 (c) NO PERSON SHALL USE FIREWORKS BETWEEN THE HOURS OF 11 P.M. AND 717 A.M. UNLESS THE PERSON DOES SO PURSUANT TO A FIREWORKS DISPLAY18 PERMIT ISSUED UNDER SECTION 1615.06.19 (d) FOR EMERGENCY SIGNAL PURPOSES, RAILROADS MAY USE THOSE20 FIREWORKS PERMITTED FOR SUCH USE BY MCL 750.243a(3)(f) AFTER NOTIFYING21 THE FIRE MARSHAL.22 (e) THIS CHAPTER DOES NOT PROHIBIT SHIPPING FIREWORKS DIRECTLY OUT OF23 STATE IN COMPLIANCE WITH FEDERAL REGULATIONS.

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1 1615.05. WHOLESALE PERMITS2 (a) NO PERSON SHALL SELL OR OFFER TO SELL WHOLESALE FIREWORKS3 WITHOUT FIRST HAVING A VALID PERMIT. A PERMIT MAY BE ISSUED UNDER4 THIS SECTION FOR A TERM OF ONE YEAR. COUNCIL MAY ESTABLISH, BY5 RESOLUTION, APPROPRIATE FEES FOR PERMITS ISSUED UNDER THIS SECTION.6 (b) APPLICATION FOR SUCH A PERMIT MUST BE MADE IN WRITING, TO THE CITY7 CLERK, AT LEAST 45 BUSINESS DAYS BEFORE: THE APPLICANT PLANS TO8 ENGAGE IN THE WHOLESALE SALE OF FIREWORKS; OR AN EXISTING PERMIT9 EXPIRES. THE APPLICATION SHALL CONTAIN ALL OF THE FOLLOWING:

10 (1) A NON-REFUNDABLE PERMIT FEE IN THE AMOUNT SET BY COUNCIL11 RESOLUTION.12 (2) THE APPLICANT'S NAME, THE APPLICANT'S VERIFIED EMAIL ADDRESS, AND13 AT LEAST ONE PHONE NUMBER AT WHICH THE APPLICANT CAN BE REACHED.14 (3) PROOF OF A BOND, AN INSURANCE POLICY NAMING THE CITY AS CO-15 INSURED, OR A COMBINATION OF BOTH, AVAILABLE FOR THE PAYMENT OF ANY16 DAMAGES ARISING OUT OF AN ACT OR OMISSION OF THE PERMITTEE OR HIS17 AGENTS, EMPLOYEES, OR SUBCONTRACTORS, COVERING THE FOLLOWING: (A)18 AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR PROPERTY19 DAMAGE; AND (B) AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR20 INJURY TO ONE PERSON AND ONE MILLION DOLLARS ($1,000,000) FOR INJURY TO21 TWO OR MORE PERSONS RESULTING FROM THE SAME OCCURRENCE.22 (4) IDENTIFICATION OF THE PREMISES WHERE FIREWORKS ARE TO BE SOLD,23 INCLUDING A SITE PLAN; THE LOCATION ON THE PREMISES WHERE FIREWORKS

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1 ARE TO BE SOLD; THE LOCATION ON THE PREMISES WHERE FIREWORKS ARE TO2 BE STORED; THE NAME OF THE OWNER OF THE PREMISES; THE NAME OF ANY3 BUSINESS OPERATED ON THE PREMISES AND THE NAME OF ITS OPERATOR; AND4 THE NAME OF ALL PERSONS WHO WILL SELL THE FIREWORKS.5 (5) THE MOST RECENT INSPECTION REPORT OF THE APPLICANT'S FIRE6 SUPPRESSION SYSTEM AND FIRE ALARM SYSTEM AND DOCUMENTATION7 SHOWING THAT THE SYSTEMS ARE MONITORED.8 (6) DISCLOSURE OF ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A9 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL

10 UNIT OF GOVERNMENT REGULATING THE SALE, USE, OR POSSESSION OF11 FIREWORKS BY THE APPLICANT, ANY PERSON WITH AN OWNERSHIP INTEREST12 IN THE APPLICANT, THE PERSON RESPONSIBLE FOR SUPERVISION OF THE13 STORAGE BUILDING, OR ANY PERSON WHO WILL SELL THE FIREWORKS.14 (7) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY PERSON WITH AN15 OWNERSHIP INTEREST IN THE APPLICANT IS IN DEFAULT TO THE CITY.16 (8) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY17 CLERK, THE FIRE MARSHAL, THE CITY ATTORNEY, OR THE POLICE DEPARTMENT18 TO COMPLETE AN INVESTIGATION OF THE APPLICANT.19 (c) THE CITY CLERK SHALL REFER THE APPLICATION TO THE CITY ATTORNEY,20 THE FIRE MARSHAL, THE POLICE DEPARTMENT, AND THE CITY TREASURER FOR21 APPROVAL.22 (d) BEFORE APPROVING THE APPLICATION, THE FIRE MARSHAL SHALL:

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1 (1) INSPECT THE LOCATION OF THE STORAGE BUILDING FOR COMPLIANCE WITH2 THE REQUIREMENTS OF MCL 750.243d, CHAPTER 1610 OF THIS CODE, AND3 CHAPTER 1420 OF THIS CODE.4 (2) CONFIRM THAT NEITHER THE APPLICANT, THE PERSON RESPONSIBLE FOR5 SUPERVISION OF THE STORAGE BUILDING, NOR ANY PERSON WHO WILL SELL6 THE FIREWORKS IS UNDER 18 YEARS OF AGE; AND THAT ALL SUCH PERSONS7 ARE OTHERWISE COMPETENT FOR THEIR DUTIES.8 (e) IF EVERY PERSON AND DEPARTMENT NAMED IN SUBSECTION (c) APPROVES9 THE APPLICATION IN WRITING, THE APPLICATION SHALL BE REFERRED TO CITY

10 COUNCIL FOR APPROVAL. THE FIRE MARSHAL OR THE CITY ATTORNEY MAY11 IMPOSE ADDITIONAL REASONABLE LIMITATIONS OR REQUIREMENTS ON THE12 PERMITTEE AND MAY CONDITION APPROVAL OF THE APPLICATION ON SUCH13 LIMITATIONS OR REQUIREMENTS.14 (f) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.15 (g) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED16 TO BE CONTAINED ON AN APPLICATION UNDER THIS SECTION TO THE CITY17 CLERK WITHIN 10 DAYS OF THE CHANGE. THE CITY CLERK SHALL FORWARD18 ANY INFORMATION RECEIVED PURSUANT TO THIS SUBSECTION TO THE CITY19 ATTORNEY, THE FIRE MARSHAL, AND THE POLICE DEPARTMENT.20 1615.06. FIREWORKS DISPLAY PERMITS21 (a) NO PERSON SHALL SPONSOR A DISPLAY OF FIREWORKS NOT LISTED IN MCL22 750.243a(3) WITHOUT FIRST HAVING A VALID PERMIT. COUNCIL MAY ESTABLISH,

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1 BY RESOLUTION, APPROPRIATE FEES FOR PERMITS ISSUED UNDER THIS2 SECTION.3 (b) APPLICATION FOR SUCH A PERMIT MUST BE MADE IN WRITING, TO THE CITY4 CLERK, AT LEAST 45 BUSINESS DAYS BEFORE THE PROPOSED DATE OF THE5 DISPLAY. THE APPLICATION SHALL CONTAIN ALL OF THE FOLLOWING:6 (1) A NON-REFUNDABLE PERMIT FEE IN THE AMOUNT SET BY COUNCIL7 RESOLUTION.8 (2) THE APPLICANT'S NAME, THE APPLICANT'S VERIFIED EMAIL ADDRESS, AND9 AT LEAST ONE PHONE NUMBER AT WHICH THE APPLICANT CAN BE REACHED.

10 (3) PROOF OF A BOND, AN INSURANCE POLICY NAMING THE CITY AS CO-11 INSURED, OR A COMBINATION OF BOTH, AVAILABLE FOR THE PAYMENT OF ANY12 DAMAGES ARISING OUT OF AN ACT OR OMISSION OF THE PERMITTEE OR HIS13 AGENTS, EMPLOYEES, OR SUBCONTRACTORS, COVERING THE FOLLOWING: (A)14 AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR PROPERTY15 DAMAGE; AND (B) AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR16 INJURY TO ONE PERSON AND ONE MILLION DOLLARS ($1,000,000) FOR INJURY TO17 TWO OR MORE PERSONS RESULTING FROM THE SAME OCCURRENCE.18 (4) THE NAMES OF ALL PERSONS WHO WILL OPERATE THE DISPLAY, THEIR AGE,19 A DESCRIPTION OF THEIR RELEVANT EXPERIENCE, AND COPIES OF STATE20 ISSUED IDENTIFICATIONS.21 (5) THE PROPOSED DATE, TIME, AND EXACT LOCATION OF THE DISPLAY.22 (6) A DESCRIPTION OF THE TYPE AND QUANTITY OF FIREWORKS TO BE USED IN23 THE DISPLAY.

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1 (7) THE MANNER AND LOCATION OF THE STORAGE OF THE FIREWORKS PRIOR2 TO THE DISPLAY.3 (8) DISCLOSURE OF ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A4 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE OR ANY LOCAL5 UNIT OF GOVERNMENT REGULATING THE SALE, USE, OR POSSESSION OF6 FIREWORKS BY THE APPLICANT, ANY PERSON WITH AN OWNERSHIP INTEREST7 IN THE APPLICANT, OR ANY PERSON WHO WILL OPERATE THE DISPLAY.8 (9) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY PERSON WITH AN9 OWNERSHIP INTEREST IN THE APPLICANT IS IN DEFAULT TO THE CITY.

10 (10) IF THE APPLICANT IS A NONRESIDENT PERSON, WRITTEN APPOINTMENT OF11 A RESIDENT AGENT TO SERVE AS LEGAL REPRESENTATIVE UPON WHOM ALL12 PROCESS IN AN ACTION OR PROCEEDING AGAINST THE PERSON MAY BE13 SERVED.14 (11) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY15 CLERK, THE FIRE MARSHAL, THE CITY ATTORNEY, OR THE POLICE DEPARTMENT16 TO COMPLETE AN INVESTIGATION OF THE APPLICANT.17 (c) THE CITY CLERK SHALL REFER THE APPLICATION TO THE CITY ATTORNEY,18 THE FIRE MARSHAL, THE POLICE DEPARTMENT, AND THE CITY TREASURER FOR19, APPROVAL.20 (d) BEFORE APPROVING THE APPLICATION, THE FIRE MARSHAL SHALL:21 (1) INSPECT THE LOCATION OF THE PROPOSED DISPLAY TO CONFIRM THAT IT IS22 A SAFE AND PROPER LOCATION FOR THE DISPLAY.

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1 (2) CONFIRM THAT THE TIME AND ALL OTHER ASPECTS OF THE DISPLAY ARE2 ADEQUATE TO ENSURE THE SAFETY OF PERSONS AND PROPERTY.3 (3) EXAMINE THE FIREWORKS PROPOSED TO BE USED IN THE DISPLAY.4 (4) CONFIRM THAT THE APPLICANT IS NOT UNDER THE AGE OF 18 AND THAT5 ANY PERSON WHO WILL OPERATE THE DISPLAY IS NOT UNDER THE AGE OF 186 AND IS OTHERWISE COMPETENT TO PERFORM THE DISPLAY IN A SAFE MANNER,7 BASED ON THE QUALIFICATIONS DESCRIBED IN THE APPLICATION.8 (e) IF EVERY PERSON AND DEPARTMENT LISTED IN SUBSECTION (c) APPROVES9 THE APPLICATION IN WRITING, THE APPLICATION SHALL BE REFERRED TO CITY

10 COUNCIL FOR APPROVAL. THE FIRE MARSHAL OR THE CITY ATTORNEY MAY11 IMPOSE ADDITIONAL REASONABLE LIMITATIONS OR REQUIREMENTS ON THE12 PERMITTEE AND CONDITION APPROVAL OF THE APPLICATION ON SUCH13 LIMITATIONS OR REQUIREMENTS.14 (f) ANY PERSON WITH A VALID DISPLAY PERMIT MAY PURCHASE, POSSESS, USE,15 AND TRANSPORT FIREWORKS FOR PURPOSES RELATED TO THE DISPLAY FOR16 WHICH THE PERMIT HAS BEEN GRANTED.17 (g) THE FIRE MARSHAL AND HIS OR HER DESIGNEE SHALL HAVE THE RIGHT TO18 BE PRESENT AT ANY DISPLAY FOR WHICH THIS SECTION REQUIRES A PERMIT.19 THE FIRE MARSHAL AND HIS OR HER DESIGNEE SHALL ALSO HAVE THE RIGHT20 TO TERMINATE ANY DISPLAY THAT (1) IS NOT CONDUCTED IN STRICT21 COMPLIANCE WITH ANY REPRESENTATIONS MADE ON A PERMIT APPLICATION22 AND WITH A PERMIT ISSUED UNDER THIS SECTION, OR (2) IS CONDUCTED IN AN23 UNSAFE MANNER.

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1 (h) ANY PERSON TRANSPORTING FIREWORKS WITHIN THE CITY FOR THE2 PURPOSE OF A DISPLAY FOR WHICH A PERMIT HAS BEEN ISSUED MUST CARRY A3 COPY OF THE PERMIT AT ALL TIMES WHILE THE FIREWORKS ARE BEING4 TRANSPORTED, MAY ONLY TRANSPORT SUCH FIREWORKS IN COMPLIANCE WITH5 MCL 750.243c, AND SHALL NOTIFY THE FIRE MARSHAL OF WHEN THE FIREWORKS6 WILL BE TRANSPORTED AND THE ROUTE TO BE USED.7 (i) FIREWORKS LISTED ON A DISPLAY PERMIT MAY BE STORED IN THE CITY8 DURING THE FOUR DAYS PRECEDING THE DATE OF THE DISPLAY, IN THE9 MANNER DESCRIBED ON THE PERMIT APPLICATION OR AS OTHERWISE AGREED

10 UPON, IN WRITING, BY THE FIRE MARSHAL AND THE APPLICANT.11 (j) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.12 (k) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED13 TO BE CONTAINED ON AN APPLICATION UNDER THIS SECTION, BUT NO CHANGES14 SHALL BE MADE WITHIN 1 BUSINESS DAY OF THE DATE OF THE DISPLAY FOR15 WHICH THE PERMIT WAS ISSUED WITHOUT THE CONSENT OF THE FIRE MARSHAL16 OR HIS OR HER DESIGNEE. THE CITY CLERK SHALL FORWARD ANY17 INFORMATION RECEIVED PURSUANT TO THIS SUBSECTION TO THE CITY18 ATTORNEY, THE FIRE MARSHAL, AND THE POLICE DEPARTMENT.19 1615.07. RETAIL PERMITS20 (a) NO PERSON SHALL SELL AT RETAIL, OFFER FOR RETAIL SALE, OR EXPOSE21 FOR RETAIL SALE ANY FIREWORKS WITHOUT FIRST HAVING A VALID PERMIT. A22 PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A TERM OF THREE MONTHS

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1 OR FOR A TERM OF ONE YEAR. COUNCIL MAY ESTABLISH, BY RESOLUTION,2 APPROPRIATE FEES FOR EACH TYPE OF PERMIT ISSUED UNDER THIS SECTION.3 (b) APPLICATION FOR SUCH A PERMIT MUST BE MADE IN WRITING, TO THE CITY4 CLERK, AT LEAST 45 BUSINESS DAYS BEFORE: THE APPLICANT PLANS TO5 ENGAGE IN THE RETAIL SALE OF FIREWORKS; OR AN EXISTING PERMIT EXPIRES.6 THE APPLICATION SHALL CONTAIN ALL OF THE FOLLOWING:7 (1) IDENTIFICATION OF THE TYPE OF PERMIT FOR WHICH THE APPLICATION IS8 BEING FILED (THREE-MONTH OR ONE-YEAR) AND THE CORRESPONDING NON-9 REFUNDABLE PERMIT FEE IN THE AMOUNT SET BY COUNCIL RESOLUTION.

10 (2) THE APPLICANT'S NAME, THE APPLICANT'S VERIFIED EMAIL ADDRESS, AND11 AT LEAST ONE PHONE NUMBER AT WHICH THE APPLICANT CAN BE REACHED.12 (3) PROOF OF A BOND, AN INSURANCE POLICY NAMING THE CITY AS CO-13 INSURED, OR A COMBINATION OF BOTH, AVAILABLE FOR THE PAYMENT OF ANY14 DAMAGES ARISING OUT OF AN ACT OR OMISSION OF THE PERMITTEE OR HIS15 AGENTS, EMPLOYEES, OR SUBCONTRACTORS, COVERING THE FOLLOWING: (A)16 AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR PROPERTY17 DAMAGE; AND (B) AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR18 INJURY TO ONE PERSON AND ONE MILLION DOLLARS ($1,000,000) FOR INJURY TO19 TWO OR MORE PERSONS RESULTING FROM THE SAME OCCURRENCE.20 (4) IDENTIFICATION OF THE PREMISES WHERE FIREWORKS ARE TO BE SOLD,21 INCLUDING A SITE PLAN; THE LOCATION ON THE PREMISES WHERE FIREWORKS22 ARE TO BE SOLD; THE LOCATION ON THE PREMISES WHERE FIREWORKS ARE TO

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1 BE STORED; THE NAME OF THE OWNER OF THE PREMISES; AND THE NAME OF2 ANY BUSINESS LOCATED ON THE PREMISES AND THE NAME OF ITS OPERATOR.3 (5) THE MOST RECENT INSPECTION REPORT OF THE APPLICANT'S FIRE4 SUPPRESSION SYSTEM AND FIRE ALARM SYSTEM AND DOCUMENTATION5 SHOWING THAT THE SYSTEMS ARE MONITORED.6 (6) DISCLOSURE OF ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A7 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL8 UNIT OF GOVERNMENT REGULATING THE SALE, USE, OR POSSESSION OF9 FIREWORKS BY THE APPLICANT OR ANY PERSON WITH AN OWNERSHIP

10 INTEREST IN THE APPLICANT.11 (7) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY PERSON WITH AN12 OWNERSHIP INTEREST IN THE APPLICANT IS IN DEFAULT TO THE CITY.13 (8) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY14 CLERK, THE FIRE MARSHAL, THE CITY ATTORNEY, OR THE POLICE DEPARTMENT15 TO COMPLETE AN INVESTIGATION OF THE APPLICANT.16 (c) IF SALES ARE TO BE CONDUCTED FROM A TENT, ROADSIDE STAND, OR17 OTHER NON-PERMANENT STRUCTURE, A PEDDLER'S OR TRANSIENT18 MERCHANT'S LICENSE MUST ALSO BE OBTAINED.19 (d) THE CITY CLERK SHALL REFER THE APPLICATION TO THE CITY ATTORNEY,20 THE FIRE MARSHAL, THE POLICE DEPARTMENT, AND THE CITY TREASURER FOR21 APPROVAL.22 (e) BEFORE APPROVING THE APPLICATION, THE FIRE MARSHAL SHALL:

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1 (1) INSPECT THE PROPOSED PREMISES TO DETERMINE THAT THEY ARE A SAFE2 PLACE TO STORE AND SELL FIREWORKS.3 (2) CONFIRM THAT NEITHER THE APPLICANT NOR ANY PERSON WHO WILL SELL4 THE FIREWORKS IS UNDER 18 YEARS OF AGE.5 (f) IF EVERY PERSON AND DEPARTMENT LISTED IN SUBSECTION (d) APPROVES6 THE APPLICATION IN WRITING, THE APPLICATION SHALL BE REFERRED TO CITY7 COUNCIL FOR APPROVAL. THE FIRE MARSHAL OR THE CITY ATTORNEY MAY8 IMPOSE ADDITIONAL REASONABLE LIMITATIONS OR REQUIREMENTS ON THE9 PERMITTEE AND CONDITION APPROVAL OF THE APPLICATION ON SUCH

10 LIMITATIONS OR REQUIREMENTS.11 (g) NO MORE THAN 2000 POUNDS OF GROSS WEIGHT OF FIREWORKS SHALL BE12 PRESENT ON THE ENTIRE PREMISES FOR WHICH A PERMIT HAS BEEN ISSUED -13 UNDER THIS SECTION.14 (h) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.15 (i) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED16 TO BE CONTAINED ON AN APPLICATION UNDER THIS SECTION TO THE CITY17 CLERK WITHIN 10 DAYS OF THE CHANGE. THE CITY CLERK SHALL FORWARD18 ANY INFORMATION RECEIVED PURSUANT TO THIS SUBSECTION TO THE CITY19 ATTORNEY, THE FIRE MARSHAL, AND THE POLICE DEPARTMENT.20 1615.08. ENFORCEMENT21 (a) ALL SWORN MEMBERS OF THE LANSING POLICE DEPARTMENT, THE FIRE22 MARSHAL, AND ALL FIRE INSPECTORS ARE HEREBY DESIGNATED AS23 AUTHORIZED CITY OFFICIALS FOR THE PURPOSE OF ENFORCING THIS CHAPTER.

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1 (2) SPECIFIC EVIDENCE OF AN EXISTING VIOLATION OF THIS CHAPTER.2 (3) ANY OTHER BASIS FOR WHICH THE STATE AND FEDERAL CONSTITUTIONS3 PERMIT A SEARCH WARRANT TO BE ISSUED.4 (e) ANY INDIVIDUAL IDENTIFIED IN SUBSECTION (a) MAY CONFISCATE ANY5 FIREWORKS FOUND WITHIN THE CITY IN VIOLATION OF STATE OR FEDERAL6 LAW OR ANY OF THE CODIFIED ORDINANCES OF THE CITY OF LANSING. WITHIN7 20 DAYS OF THE CONFISCATION, NOTICE THAT THE FIREWORKS WILL BE8 FORFEITED UNLESS A CLAIM FOR THEIR RETURN IS FILED SHALL BE GIVEN BY9 (1) ORAL NOTICE TO A PERSON IN WHOSE POSSESSION THE FIREWORKS ARE

10 FOUND; OR (2) IF NO PERSON IS PRESENT AT THE BUILDING OR VEHICLE IN11 WHICH THE FIREWORKS ARE FOUND, AFFIXING WRITTEN NOTICE TO THE12 BUILDING OR VEHICLE. IF A VALID DISPLAY PERMIT IS PRESENTED, THE13 FIREWORKS SHALL BE RETURNED TO THE PERMITTEE IMMEDIATELY.14 (f) ANY OTHER PERSON CLAIMING LAWFUL POSSESSION OF SEIZED FIREWORKS15 MAY FILE A CLAIM FOR THEIR RETURN WITH THE CITY ATTORNEY, IN WRITING.16 ANY SUCH CLAIM MUST STATE THE CLAIMANT'S GROUNDS FOR LAWFUL17 POSSESSION. THE CLAIMANT MUST ALSO GIVE A BOND IN WHICHEVER OF THE18 FOLLOWING TWO AMOUNTS IS GREATER: (1) TWO HUNDRED AND FIFTY19 DOLLARS; OR (2) TEN PERCENT OF THE VALUE OF THE SEIZED FIREWORKS, UP TO20 FIVE THOUSAND DOLLARS. THE BOND SHALL GUARANTEE PAYMENT OF THE21 COSTS AND EXPENSES OF ANY FORFEITURE PROCEEDING, INCLUDING THE COST22 OF STORING THE FIREWORKS FOR THE DURATION OF THE FORFEITURE

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1 PROCEEDINGS, IF THE PROPERTY IS ORDERED FORFEIT. THE CITY MAY REQUIRE2 THAT THE BOND BE GUARANTEED BY SURETIES MEETING ITS APPROVAL.3 (g) UPON RECEIPT OF A CLAIM AND THE BOND REQUIRED BY SUBSECTION (f),4 THE CITY ATTORNEY SHALL CONDUCT A HEARING AND RENDER A DECISION ON5 THE QUESTION OF FORFEITURE WITHIN 20 DAYS. THE CLAIMANT MAY APPEAL6 AN ADVERSE DETERMINATION BY THE CITY ATTORNEY TO THE CLAIMS REVIEW7 COMMITTEE, CITY COUNCIL, OR CIRCUIT COURT.8 (h) IF 20 DAYS HAVE PASSED SINCE A SEIZURE UNDER THIS SECTION AND A9 CLAIM AND BOND HAVE NOT BEEN FILED, THE FIREWORKS ARE FORFEITED TO

10 THE CITY. IF ANY CRIMINAL PROCEEDINGS RELATING TO THE SEIZED11 FIREWORKS ARE PENDING, DISPOSITION OF THE FIREWORKS MUST BE12 APPROVED BY THE CITY ATTORNEY IN WRITING. IF NO CRIMINAL PROCEEDINGS13 RELATING TO THE SEIZED FIREWORKS ARE PENDING, THE CITY MAY DISPOSE OF14 THE FIREWORKS. IN EITHER CASE, FIREWORKS SHALL BE DISPOSED OF15 PROPERLY BY DESTRUCTION OR BY SALE TO A PERSON IN A JURISDICTION IN16 WHICH POSSESSION OF THE FIREWORKS IS LEGAL.17 1615.09. GROUNDS FOR DENIAL OR REVOCATION OF PERMITS REQUIRED BY THIS18 CHAPTER19 (a) A PERMIT ISSUED UNDER THIS CHAPTER MAY BE REVOKED AFTER AN20 ADMINISTRATIVE HEARING AT WHICH THE CITY ATTORNEY, THE FIRE21 MARSHAL, AND THE CHIEF OF POLICE DETERMINE THAT ANY GROUNDS FOR22 REVOCATION UNDER SUBSECTION (b) EXIST. NOTICE OF THE TIME AND PLACE23 OF THE HEARING AND THE GROUNDS FOR REVOCATION MUST BE GIVEN TO THE

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1 PERMITTEE AT LEAST FIVE DAYS PRIOR TO. THE DATE OF THE HEARING, BY2 FIRST CLASS MAIL TO THE ADDRESS GIVEN ON THE PERMIT APPLICATION OR3 ANY ADDRESS PROVIDED PURSUANT TO SECTION 1615.05(g), SECTION 1615.06(k),4 OR SECTION 1615.07(i).5 (b) ANY PERMIT REQUIRED BY THIS CHAPTER MAY BE DENIED OR REVOKED ON6 ANY OF THE FOLLOWING GROUNDS:7 (1) THE APPLICANT COMMITS FRAUD OR MISREPRESENTATION OR MAKES A8 FALSE STATEMENT DURING THE APPLICATION PROCESS.9 (2) ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A VIOLATION OF

10 THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL UNIT OF11 GOVERNMENT REGULATING THE SALE, USE, OR POSSESSION OF FIREWORKS BY12 ANY OF THE PERSONS FOR WHOM A DISCLOSURE OF SUCH INFORMATION IS13 REQUIRED BY SECTIONS 1615.05(b)(6), 1615.06(b)(6), AND 1615.07(b)(6).14 (3) THE APPLICANT OR A PERSON WITH AN OWNERSHIP INTEREST IN THE15 APPLICANT IS IN DEFAULT TO THE CITY.16 (4) THE APPLICANT HAS COMMITTED FRAUD OR MISREPRESENTATION OR HAS17 MADE A FALSE STATEMENT WHILE CONDUCTING ANY ACTIVITY FOR WHICH18 THIS CHAPTER REQUIRES A PERMIT.19 (5) ANY VIOLATION OF FEDERAL, STATE, OR LOCAL LAW RELATED TO HEALTH,20 SAFETY, OR WELFARE COMMITTED ON THE PREMISES FOR WHICH THE PERMIT21 HAS BEEN ISSUED OR IS TO BE ISSUED.22 (6) THE APPLICANT VIOLATES ANY LIMITATIONS OR REQUIREMENTS PLACED23 ON THE PERMIT.

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P U B L I C S A F E T Y C O M M I TT E E D R A F T # 4AUG UST 18, 20101 (c) REVOCATION OF A PERMIT UNDER THIS SECTION MAY BE APPEALED TO THE2 CITY COUNCIL.3 1615.10. FEES NOT EXCLUSIVE4 NOTHING IN THIS CHAPTER SHALL PRECLUDE THE IMPOSITION OF FEES BY5 OTHER FEDERAL, STATE, OR LOCAL LAWS.6 1615.11. PENALTY7 ANY PERSON WHO VIOLATES THIS CHAPTER OR THE TERMS OF ANY PERMIT8 ISSUED UNDER THIS CHAPTER IS RESPONSIBLE FOR A MISDEMEANOR AND9 SUBJECT TO A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00), PLUS

10 COSTS OF PROSECUTION; IMPRISONMENT NOT EXCEEDING NINETY (90) DAYS; OR11 BOTH, FOR EACH VIOLATION.12 Section 2. Al l ordinances, resolutions or rules, par ts of ordinance s, resolutions or rules13 inconsistent w i th the provisions he reof are hereby repealed.14 Section 3. Should any section, clause or phrase of this ordinance be declared to be15 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof16 other than the par t so declared to be inval id .17 Section 4 . Th is ordinanc e shal l take e ffect on the 30th day af ter enactm ent, unless given18 immediate effect by City Council.

Approved as to form:

City AttorneyDated:9202122232425262728

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IN T R O D U C T IO N O F O R D IN A N C EA M E N D S E C T IO N 1 2 4 8.0 3C ounc i l M em ber W ood, Chai r o f the Com m it tee on Publ ic Safety in t roduced:

An Ordinance of the City of Lansing, Michigan, to Amend Section 1248.03 of theLansing Codified Ordinances to address the presence of primary caregivers under theM ichigan M edical M ar ihuana Ac t in res iden t ia l d is t r ic ts ,The Ord inan ce is referred to the Com m it tee on P ubl ic Safety

R E S O LU T IO N S E T TIN G P U B LIC H E A R IN GB y C o u nc il Mem ber W o odRESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be setfor Monday, September 13, 2010 at 7:00 p.m. in the City Council Chambers, 10th FloorLansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan, to Amend Section 1248.03 of the LansingCodified Ordinances to address the presenc

Documents

Lansing (MI) City Council info packet for Aug. 30 meeting