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AGENDA Committee on Public Safety City Council Conference Room, 10“ Floor, City Hall Tuesday, May 25, 2010 -12:45 p.m. Councilmember Carol Wood, Chair Councilmember Eric Hewitt, Vice Chair Councilmember Jessica Yorko, Member L. Call To Order UL Roll Call IIL. Approval of Minutes IV. Public Comment V. Discussion/Action: 1. Board Appointments 2. Traffic Control Orders: a. 10-012; Installation of stop signs on Waycross Dr. at the intersection of Beechfield Drive , 10-013; Installation of stop sign on Christiansen Rad. at the intersection of Ferrol St. ©. 10-014; Installation of stop sign on Dadson at the intersection of Meese Drive 4. 10-015; Installation of a stop sign on Vernson Drive at the intersection of Dadson Dr. 3. Update from City Attorney's Office on Medical Maritmana 4. Update from City Attomey’s Office on Manufacture Home Ordinance VL. Receipt of Communications ‘VL. Other VII. Adjourn TX. Pending AA) Underground Storage Tas Regulations EPA Funding Grants B) Walter Brown U of Mand MSU- Survellance Cameras * Supporting documentation not found in the Packet may be provided at the meeting MW dows OFFICE OF THE MAYOR ‘th Floor, Cty Hall 124W. Michigan Avenue From the 5.17: cai ae ae et 5-17-10 Counel Meeting Packet ¢ 44 (voice) FERRED TO THE COMM! (617) 488-4478 (TDD) P ITTEE ON (617) 48-6086 (Fax) UBLIC SAFETY Virg Bernero, Mayor To: City Council Council President A’Lymne Robinson and Council Members FROM: Mayor Virg Bemero DATE: May 13, 2010 RE: ‘Resclution—Traffic Control Order— Beechfield Drive and Waycross Drive ‘The attached correspondence is forwarded for your review and eppropriate action. Veith Attachment “Equal Opportunity Employer" City of Lansing Inter-Departmental Memorandum, Wp Beer, Mayor May 12, 2010 Honorable Virg Bernero and Lansing City Council City Hall, 9th Floor Lansing, Michigan 48933 Re: Traffic Control Request: Beechfield Drive and Waycross Drive ‘Dear Mayor Bernero: The Transportation and Parking Office conducted an investigation to determine traffic control ‘tequitements at the intersection of Beechfield Drive and Waycross Drive. Attached is the Report from Secretary 09-056 detailing the findings from the Transportation and Parking Office. ‘Also attached is Traffic Control Order 10-012, authorizing the installation of this traffic control, and a resolution for City Council consideration and action. Respectfully submitted, LANSING TRAFFIC BOARD Andrew K. Kilpatrick, P.B. Secretary Attachments: RFS 09-056 Resolution ‘TCO 10-012 ' “Bqual Opportunity Employer” BY THE COMMITTEE ON PUBLIC SAFETY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the Transportation and Parking Office conducted a study of the roadway conditions to determine traffic control requirements at the intersection of Beechfield Drive and Waycross Drive; WHEREAS, based upon the results of this study, the Transportation and Parking Office recommends the instellation of stop signs on Waycross Drive at the intersection of Beechfield Drive; ‘WHEREAS, based upon the results of this study, the Traffic Board is forwarding an official recommendation concurring with the Transportation and Parking Office to install stop signs on ‘Wayoross Drive at the intersection of Beechfield Drive; ‘WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's recommendation for this matter are on file with the City Clerk's office; WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; ‘WHEREAS, the Committee on Public Safety reviewed the report and concurs with the recommendation of the Traffic Board; NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic Control Order No. 10-012, thereby authorizing the Transportation Engineer to install stop signs on Waycross Drive at the intersection of Beechfield Drive; BEIT FINALLY RESOLVED that Traffic Control Order No. 10-012 shall become effective ‘when signed by the Transportation Engineer and filed with the City Clerk and the appropriate signs are installed. CITY OF LANSING TRAFFIC CONTROL ORDER ORDER NUMBER: 10-012, FILE: Beechfield Drive and Waycross Drive In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions (on Beechtfield Drive and Waycross Drive has been made; and as a result of said investigation, it is hereby directed that: Alll eastbound and westbound traffic on WAYCROSS DRIVE shall be required to stop prior to entering the intersection at BEECHFIELD DRIVE. Any conflicting trafic regulations on the following Traffic Control Order(s) is/are hereby rescinded: n/a APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON: ISSUED BY: DATE: “Andrew Kilpatrick, PE. ‘Transportation Engineer RECEIVED FOR FILING: SIGNED BY: Date Chris Swope City Clerk: DATE OF FILING WITH CITY CLERK: November 2, 2009 REPORT FROM THE SECRETARY #09-056 TRAFFIC CONTROL REQUEST: BEECHFIELD DRIVE AND WAYCROSS DRIVE ‘The Transportation and Parking Office conducted an investigation to determine sight distance and traffic control requirements at the intersection of Beechfield Drive and Wayeross Drive. This investigation was conducted to evaluate the existing yield controlled intersections within the Marscot subdivision and the possibility of implementing an alternating yield/stop pattern within the subdivision. The intersection of Beechtield Drive and Wayoross Drive is a residential fourleg intersection, currently controlled with yield signs on Waycross Drive at Beechfield Drive, Beechfield Drive is two blocks long beginning at Miller Road and ending at a dead end south of Waycross Drive. Beechfield Drive is 36 feet wide in this area with unrestricted parking on both sides of the street, Waycross Drive is five blocks long beginning at a dead end west of Beechtield Drive and ending at a dead end east of Leer Way. Waycross Drive is 36 feet wide in this area with unrestricted parking on both sides of the street. ‘A safe approach speed study was performed and revealed a safe approach speed of sixteen (16) miles per hour (MPH) due to the trees and shrubs in the southwest corner of the intersection. This critical safe approach speed applies to vehicles traveling eastbound and northbound into the intersection. A review of the accident records for this intersection indicates there have been no reported accidents from January 1, 2004 to December 31, 2008 The Transportation and Parking Office recommends upgrading the existing yield signs on Waycross Drive at Beechfield Drive to stop signs due to the safe approach speed. “rai Bourd Action Dai: Passed. Deine! Fle: Booshield Oc ana Wayerss Dr ‘SATreraporaton and Paring, Off Stati aleXT lems.0To Trafic Boar\.0 March 2010Beschald Dr and Waycross Dr Rrsoposeaae 1 November 2, 2009 REPORT FROM THE SECRETARY #09-058 TRAFFIC CONTROL REQUEST: BEECHFIELD DRIVE AND WAYCROSS DRIVE LOCATION DIAGRAM Maa BD, 7 iv e EI 5 : neromree \c) nace) \E 7x4 DR. way INE “f ees =) 5 hod OO MARSCOT oRauRT, ‘rato Boars Aaten Dats: Passed: Decined: Fl: Bechld Deans Waycross De sTransponation and Paring Of StaTra\TB lme\t.0 To Tre Boar\.0 March 2010Beechielé Dr and Waycross Dr FS 09-080 doe 2 Wlév OFFICE OF THE MAYOR Sth For, City Hall 4124 W. Micnigan Avenue Lansing, Michigan 48933-1694 (S17) 488-4141 (voles) (517) 489-4479 (TDD) (617) 489-6088 (Fax) Virg Bornero, Mayor TO: City Council Council President A'Lynne Robinson and Council Members FROM: Mayor Virg Bemero DATE: May 13, 2010 RE: Resolution—Traffic Control Order— Christiansen Road and Ferrol Street ‘The attached correspondence is forwarded for your review and appropriate action. ‘VBith Attachment “Equal Opportunity Employer" City of Lansing Inter-Departmental Memorandum Vig Bemere, Mayer May 12, 2010 Honorable Virg Bemero and Lansing City Council City Hall, 9th Floor Lansing, Michigan 48933 Re: Traffic Control Request: Christiansen Road and Ferrol Street Dear Mayor Bernero: The Transportation and Parking Office conducted an investigation to determine traffic control requirements at the intersection of Christiansen Road and Ferro Street. Attached is the Report from Secretary 09-034 deteiling the findings from the Transportation and Parking Office. ‘Also attached is Traffic Control Order 10-013, authorizing the installation of this traffic control, and a resolution for City Council consideration and action. Respectfully submitted, LANSING TRAFFIC BOARD Andrew K. Kilpatrick, P.E. Secretary Attachments: RFS 09-034 Resolution. TCO 10-013 “Equal Opportunity Employer” BY THE COMMITTEE ON PUBLIC SAFETY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the Transportation and Parking Office conducted e study of the roadway conditions “to determine traffic control requirements at the intersection of Christiansen Road and Ferrol Street; WHEREAS, based upon the results of this study, the Transportation and Parking Office ‘recommends the installation of a stop sign on Christiansen Road at the intersection of Ferrol Street; WHEREAS, based upon the results of this study, the Traffic Board is forwarding an official recommendation concurring with the Transportation and Parking Office to install a stop sign on Christiansen Road at the intersection of Ferrol Street; WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's recommendation for this matter are on file with the City Clerk's office; WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; ‘WHEREAS, the Committee on Public Safety reviewed the report and concurs with the recommendation of the Traffic Board; NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic Control Order No. 10-013, thereby authorizing the Transportation Engineer to install a stop sign on Christiansen Road at the intersection of Ferrol Street; BEIT FINALLY RESOLVED that Traffic Control Order No. 10-013 shall become effective ‘when signed by the Transportation Engineer and filed with the City Clerk and the appropriate sign is installed. CITY OF LANSING ‘TRAFFIC CONTROL ORDER ORDER NUMBER: 10-013 FILE: Christiansen Rd and Ferrol Street Tn accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions on Christiansen Road and Ferrol Street has been made; and as a result of said investigation, itis hereby directed that: All northbound traffic on CHRISTIANSEN ROAD shall be required to stop prior to entering the intersection at FERROL STREET. Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby rescinded: nla APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON: ISSUED BY: DATE: ‘Andrew Kilpatrick, RE. ‘Transportation Engineer RECEIVED FOR FILING: SIGNED BY: Date ‘Chris Swope City Clerk DATE OF FILING WITH CITY CLERK: June 18, 2009 REPORT FROM THE SECRETARY #09-034 ‘TRAFFIC CONTROL REQUEST: CHRISTIANSEN ROAD AND FERROL STREET ‘The Transportation and Parking Office conducted an investigation to determine sight distance and traffic control requirements at the intersection of Christiansen Road and Ferrol Street. This study was conducted in response to a request made by an area resident. The intersection of Christiansen Road and Ferrol Street is an uncontrolled residential three-leg intersection. Christiansen Road is approximately seven blocks long beginning at Jolly Road and terminating at the Ferrol Street intersection. Christiansen Road is 35 feet wide with unrestricted parking in this area. Ferro] Street is approximately two blocks long beginning at Richmond Street and terminating just east of the Christiansen intersection. Ferrol Street is 30 feet wide with unrestricted parking in this area, ‘A safe approach speed study was performed and revealed a safe approach speed of ‘ive (5) miles per hour (MPH) due to the house in the southeast quadrant of the intersection. This critical safe approach speed applies to vehicles traveling westbound and northbound into the intersection. A review of the accident records for this intersection indicates there have been no reported accidents from January 1, 2004 to December 31, 2008, ‘The Transportation and Parking Office recommends the installation of a stop sign on Christiansen Road at Ferrol Street because of the safe approach speed and to eliminate right-of-way confusion. “Trac Boar Action Date: Passed: Dect Fle: Crstianoon Raa & Fonsi Stest [Chbecuments ane SetingsitislenDeskiop\On-Bese AnrCivistansen Ra & Ferrol SChisiansan a & Feral St 03-094 dos 1 June 18, 2009 REPORT FROM THE SECRETARY #09-034 TRAFFIC CONTROL REQUE! HRISTIANSEN ROAD AND FERROL STREET LOCATION DIAGRAM coat PuBAsine VIEW 2, PUSAN OROVE RD. wn at yl “rae Boar Acton Dat: Passed: Denied: — Fle: Cosansen load & Fern: Srest ‘CAbecuments and SetingobaiVhale\Deskioplon-Saso ApChvstansen Ra & Fanol StChvistonson Rt & Forel St 0-098.600, 2 MAb 3 OFFICE OF THE MAYOR Sth Floor, Cty Hall 128 W. Michigan Avenue Lansing, Michigan 48933-1604 (617) 488.4141 (voice) (517) 489-4479 (TOD) (617) 485-6066 (Fex) Virg Bernero, Mayor TO: City Council Council President A'Lynne Robinson and Council Members FROM: Mayor Virg Bernero DATE: — May13, 2010 RE: Resolution—Traffic Control Order— Dadson Drive and Meese Drive ‘The attached correspondence is forwarded for your review and appropriate action. VBith Attachment Equal Opportunity Employer" City of Lansing Inter-Departmental Memorandum Vig Berner, Mayor ‘May 12, 2010 Honorable Virg Bemero and Lansing City Council City Hall, 9th Floor Lansing, Michigan 48933 Re: Traffic Control Request: Dadson Drive and Meese Drive Dear Mayor Bemnero: ‘The Transportation and Parking Office conducted an investigation to determine traffic control requirements at the intersection of Dadson Drive and Meese Drive. Attached is the Report from Secretary 09-059 detailing the findings from the Transportation and Parking Office. ‘Also attached is Traffic Control Order 10-014, authorizing the installation of this traffic control, and a resolution for City Council consideration and action. Respectfully submitted, LANSING TRAFFIC BOARD Andrew K. Kilpatrick, P.B. Secretary Attachments: RFS 09-059 ‘Resolution TCO 10-014 “Equal Opportunity Employer” BY THE COMMITTEE ON PUBLIC SAFETY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING ‘WHEREAS, the Transportetion and Parking Office conducted a study of the roadway conditions to determine traffic control requirements at the intersection of Dadson Drive and Messe Drive; WHEREAS, based iupon the results of this study, the Transportation and Parking Office recommends the installation of a stop sign on Dadson Drive at the intersection of Meese Drive; WHEREAS, based upon the results of this study, the Traffic Board is forwarding an official recommendation concurring with the Transportation end Perking Office to install a stop sign on Dadson Drive at the intersection of Meese Drive; WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's recommendation for this matter are on file with the City Clerk's office; ‘WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; WHEREAS, the Committee on Public Safety reviewed the report and concurs with the recommendation of the Traffic Board; ‘NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic Control Order No. 10-014, thereby authorizing the Transportation Engineer to install a stop siga on Dadson Drive at the intersection of Meese Drive; BE IT FINALLY RESOLVED that Traffic Control Order No. 10-014 shalll become effective when signed by the Transportation Engineer and filed with the City Clerk and the appropriate sign is installed. CITY OF LANSING TRAFFIC CONTROL ORDER ORDER NUMBER: 10-014 FILE: Dadson Drive and Meese Drive In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions on Dadson Drive and Meese Drive has been made; and as ¢ result of said investigation, it is hereby direoted that: All westbound traffic on DADSON DRIVE shall be required to stop prior to-entering the intersection at MEESE DRIVE. ‘Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby rescinded: n/a APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON: ISSUED BY: DATE: “Andrew Kilpatrick, PE. ‘Transportation Engineer RECEIVED FOR FILING: SIGNED BY: Date ‘Chris Swope City Clerk DATE OF FILING WITH CITY CLERK: November 2, 2009 REPORT FROM THE SECRETARY #09-059 ‘TRAFFIC CONTROL REQUEST: DADSON DRIVE AND MEESE DRIVE ‘The Transportation and Parking Office conducted an investigation to determine sight distance and traffic control requirements at the intersection of Dadson Drive and Meese Drive. This study was conducted in response to a request made by an area resident. The intersection of Dadson Drive and Meese Drive is an uncontrolled residential three- leg intersection. Dadson Drive is approximately five blocks long beginning at Meese Drive and terminating just east of the Richard Road intersection. Dadson Drive is 30 feet wide with unrestricted parking in this area. Meese Drive is approximately two blocks long beginning north of Dadson Drive and terminating at Donson Drive. Meese Drive is 30 feet wide south of the intersection and 35 feet wide north of the intersection. Parking is unrestricted along both sides of Meese Drive. ‘safe approach speed study was performed and revealed a safe approach speed of fifteen (18) miles per hour (MPH) due to the spruce tree in the northeast quadrant of the intersection. This critical safe approach speed applies to vehicles traveling southbound and westbound into the intersection. Arreview of the accident records for this intersection indicates there have been no reported accidents from January 1, 2004 to December 31, 2008. The Transportation and Parking Office recommends the installation of a stop sign on Dadson Drive at Meese Drive because of the safe approach speed and to eliminate right-of-way confusion. “rfc Boars Aton, Date Passed: Deatnad Fe: Dadgon Dr and Moose Dr [CADecuments ana Sets hvhslrDesktoptOn Base ApeDadcon Dr and Meese dtDadeon Or and Messe é 08-058.d00 1 November 2, 2009 REPORT FROM THE SECRETARY #09-059 ‘TRAFFIC CONTROL REQUEST: DADSON DRIVE AND MEESE DRIVE LOCATION DIAGRAM + DADSON DR. WASHINGTON ave VERNSON_DR. Ricl CALSON DR. wuLouGHBY RD, © ‘rae Boar Aston Date, Passed: Decne File: Dadson Dr and Meese Oe ‘CADecurnnts ane SetingsnisterDesktoplOn-Base ApDadson Dr and Meese fDaxson Dr and Messe dr 02-059.60¢ 2 Wicivy OFFICE OF THE MAYOR ‘9th Floor, City Hal ichigan Avenue Lansing, Michigan 48933-1694 (617) 483-4141 (voice) (617) 483-4478 (TDD) (617) 483-6068 (Fax) Virg Bemero, Mayor TO: FROM: DATE: City Council Council President A’Lynne Robinson and Council Members Mayor Virg Bernero May 13, 2010 Resolution—Traffic Control Order—Dadison Drive and Vernson Drive ‘The attached correspondence is forwarded for your review and appropriate action, VBith Attachment “Equal Opportunity Employer" City of Lansing Inter-Departmental Memorandum, May 12, 2010 Honorable Virg Bemero and Lansing City Council City Hall, 9th Floor Lansing, Michigan 48933 Re: Traffic Control Request: Dadson Drive and Vernson Drive ‘Dear Mayor Bernero: The Transportation and Parking Office conducted an investigation to determine traffic control requirements at the intersection of Dadson Drive and Venson Drive. Attached is the Report from Secretary 09-060 detailing the findings from the Transportation and Parking Office. Also attached is Traffic Control Order 10-015, authorizing the installation of this traffic control, and a resolution for City Council consideration and action. Respectiully submitted, LANSING TRAFFIC BOARD Andrew K. Kilpatrick, PB. Secretary Attachments: RFS 09-060 Resolution ‘TCO 10-015 “Equal Opportunity Employer” BY THE COMMITTEE ON PUBLIC SAFETY RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING ‘WHEREAS, the Transportation and Parking Office conducted a study of the roadway conditions to determine traffic control requirements at the intersection of Dadson Drive and Vernson Drive; WHEREAS, based upon the results of this study, the Transportation and Parking Office recommends the installation of a stop sign on Vernson Drive at the intersection of Dadson Drive; WHEREAS, based upon the results of this study, the Traffic Board is forwarding en official recommendation concurring with the Transportation and Parking Office to install a stop sign on ‘Vernson Drive at the intersection of Dadson Drive; ‘WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's recommendation for this matter are on file with the City Clerk's office; ‘WHEREAS, the Mayor concurs with the recommendation of the Traffic Board; ‘WHEREAS, the Committee on Public Safety reviewed the report and concurs with the recommendation of the Traffic Board; ‘NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic Control Order No. 10-015, thereby authorizing the Transportation Engineer to install a stop sign on Vernson Drive at the intersection of Dadson Drive; BE IT FINALLY RESOLVED that Traffic Control Order No. 10-015 shall become effective when signed by the Transportation Engineer and filed with the City Clerk and the appropriate sign is installed, CITY OF LANSING TRAFFIC CONTROL ORDER ORDER NUMBER: 10-015 FILE: Dadson Drive and Vernson Drive In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions ‘on Dadson Drive and Vernson Drive has been made; and as a result of said investigation, itis hereby directed that: All northbound traffic on VERNSON DRIVE shall be required to stop prior to entering the intersection et DADSON DRIVE. Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby rescinded: n/a APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON: ISSUED BY: DATE: “Andrew Kilpatrick, PE. ‘Transportation Engineer | RECEIVED FOR FILING: SIGNED BY: Date Chris Swope City Clerk DATE OF FILING WITH CITY CLERK: November 2, 2008 REPORT FROM THE SECRETARY #09-060 ‘TRAFFIC CONTROL REQUEST: DADSON DRIVE AND VERNSON DRIVE. ‘The Transportation and Parking Office conducted an investigation to determine sight distance and traffic control requirements at the intersection of Dadson Drive and \Vernson Drive. This study was conducted in response to a request made by an area resident. The intersection of Dadson Drive and Vernson Drive is an uncontrolled residential three- leg intersection. Dadson Drive is approximately five blocks long beginning at Meese Drive and terminating just east of the Richard Road intersection. Dadson Drive is 30 feet wide with unrestricted parking in this area. Vemson Drive is approximately two blocks long beginning at Dadson Drive and terminating south of Donson Drive. Vernson Drive is 30 feet wide with unrestricted parking in this area. ‘Assafe approach speed study was performed and revealed a safe approach speed of five (5) miles per hour (MPH) due to the large spruce trees in the southwest quadrant of the intersection. This critical safe approach speed applies to vehicles traveling eastbound and northbound into the intersection, Areview of the accident records for this intersection indicates there have beeri no reported accidents from January 1, 2004 to December 31, 2008. ‘The Transportation and Parking Office recommends the installation of a stop sign on ‘Vernson Drive at Dadson Drive because of the safe approach speed and to eliminate right-of-way confusion. “raft Board Acton Date: assoc. Denined:.— Fie: Dadoon Dr an Versor Dr {CADocuments and SatingstinisterDestepiOn-Base AprhDadson Dr and Vernson r\Dadson Dr ané Vamsan Dr 09-060.0> 1 REPORT FROM THE SECRETARY #09-060 November 2, 2009 ‘TRAFFIC CONTROL REQUEST: DADSON DRIVE AND VERNSON DRIVE, LOCATION DIAGRAM WASHINGTON ave, MEESE_DR. wuspvense sv. PROPOSED TRAFFIC CONTROL [Q— Dapson DR. 4 COOPER RD. CALSON DR. VERNSON DR. RICHARD BD. “rae Board Action, Dater__ Passad: —— Dowlned: Fle: Dadson Or and Verson De {CAbocuments and SetingadaWnislDesktop!On-Baso ApltDadeon Or and Veron DADadsan Dr and Veron Dr 08-000.d00 2 10 M1 12 2B 14 15 16 7 18 19 20 21 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND CHAPTER 1296 OF THE LANSING CODIFIED ORDINANCES BY PROVIDING REGULATIONS FOR MEDICAL MARIHUANA DISPENSARIES. ‘THE CITY OF LANSING ORDAINS: Section 1. That Chapter 1296 of the Codified Ordinances of the City of Lansing, Michigan, be and is hereby amended to read as follows: 1296.02. MEDICAL MARIHUANA DISPENSARIES (a) THE CITY COUNCIL FINDS THAT: (1) THE MICHIGAN MEDICAL MARIHUANA ACT DOES NOT ADDRESS THE ESTABLISHMENT OF MEDICAL MARIHUANA DISPENSARIES. (2) THE CITY IS NONETHELESS ENCOUNTERING THE ESTABLISHMENT OF SUCH DISPENSARIES AND IS CHARGED WITH THE PUBLIC PEACE, HEALTH, AND SAFETY (8) ACCORDINGLY, MEDICAL MARIHUANA DISPENSARIES MUST BE REGULATED, BY THE CITY FOR THE PROTECTION OF THE PUBLIC PEACE, HEALTH, AND SAFETY. (b) AS USED IN THIS SECTION: THE ACT MEANS THE MICHIGAN MEDICAL MARIHUANA ACT, BEING INITIATED LAW 1 OF 2008, CODIFIED AS AMENDED AT MCL 333.26421 ET SEO., AS WELL AS ANY REGULATIONS PROMULGATED THEREUNDER. 10 ul 12 13 14 15 16 17 18 19 20 21 22 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 COMPASSIONATE CARE CENTER MEANS ANY ENTITY WHOSE MEMBERS ARE SOLELY COMPRISED OF LICENSED CAREGIVERS AND REGISTERED PATIENTS UNDER THE ACT, WHO EACH PAY MEMBERSHIP DUES EQUALLY TO THE ENTITY, IS INCORPORATED AS A NON-PROFIT CORPORATION, DOES NOT COLLECT OR RECEIVE AN ADMINISTRATIVE FEE UNDER THE ACT, AND WHOSE TOTAL SUPPLY OF MARIHUANA DOES NOT EXCEED AT ANY GIVEN TIME. DISPENSARY MEANS ANY COMMERCIAL ESTABLISHMENT OR ENTERPRISE INVOLVING DISPENSARY FUNCTIONS BUT DOES NOT INCLUDE COMMERCIAL ESTABLISHMENTS OR ENTERPRISES SOLELY INVOLVING EDUCATION OR DISCUSSION RELATED TO THE MEDICAL USE OF MARIHUANA. DISPENSARY FUNCTIONS MEANS GROWTH; DISPENSING, INCLUDING HOME DELIVERY; USE; OR STORAGE OF MARIHUANA FOR MEDICAL USE. ENTITY MEANS ANY INCORPORATED OR UNINCORPORATED ASSOCIATION, CLUB, ORGANIZATION, OR COMPANY, WHETHER FOR PROFIT OR NON-PROFIT, REGARDLESS OF HOW CONTROL, OWNERSHIP, OR MEMBERSHIP IS DETERMINED. MEDICAL USE MEANS “MEDICAL USE” AS IT IS DEFINED IN THE ACT. MEMBER MEANS A PERSON WITH ANY INVESTMENT, OWNERSHIP, MEMBERSHIP, SHAREHOLDER, EMPLOYMENT, MANAGEMENT, OR OTHER RELATIONSHIP DEMONSTRATING AN ACTUAL OR APPARENT AGENCY RELATIONSHIP WITH AN ENTITY. (©) NO PERSON SHALL OPERATE A DISPENSARY WITHOUT OBTAINING A PERMIT TODO SO. TO OBTAIN A PERMIT, AN APPLICATION FEE IN AN AMOUNT SET BY 10 ret 12 1B 14 15 16 7 18 19 20 21 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 COUNCIL RESOLUTION AND A WRITTEN APPLICATION SHALL BE FILED WITH ‘THE CITY CLERK, CONTAINING: (1) THE APPLICANT'S NAME AND ADDRESS, AND, IF THE APPLICANT IS AN ENTITY, THE NAME AND ADDRESS OF THE ENTITY AND THE NAMES AND ADDRESSES OF ALL OF ITS MEMBERS. (2) AN AFFIDAVIT THAT THE APPLICANT IS NOT IN DEFAULT TO THE CITY. (3) DISCLOSURE OF ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL UNIT OF GOVERNMENT REGULATING CONTROLLED SUBSTANCES BY THE APPLICANT OR ANY OF ITS MEMBERS. (4) THE PROPOSED LOCATION OF THE DISPENSARY. (9) ADESCRIPTION OF ANY DISPENSARY FUNCTIONS TO BE CARRIED ON AT THE DISPENSARY, A LIST OF ALL OF THE APPLICANT’S MEMBERS WHO WILL BE ENGAGED IN SUCH FUNCTIONS, AND THE REGISTRY STATUS AND INFORMATION OF THOSE MEMBERS UNDER THE ACT. (© ACERTIFICATION THAT THE PERMITTEE WILL COMPLY WITH THE ACT AND AN ACKNOWLEDGEMENT THAT FAILURE TO COMPLY MAY RESULT IN LOSS OF THE PERMIT. (7) AUTHORIZATION TO CONDUCT BACKGROUND CHECKS, INCLUDING CRIMINAL BACKGROUND CHECKS, ON THE APPLICANT AND ALL OF ITS MEMBERS. 10 cr 12 3 14 15 16 7 18 19 20 21 22 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 (8) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY CLERK, THE CITY ATTORNEY, THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, THE BUILDING SAFETY OFFICE, OR THE CITY TREASURER TO COMPLETE AN INVESTIGATION OF THE APPLICANT OR ITS MEMBERS. (@) THE CITY CLERK SHALL REFER COPIES OF THE APPLICATION TO THE CITY ATTORNEY, THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, THE BUILDING SAFETY OFFICE, AND THE CITY TREASURER FOR APPROVAL. BEFORE APPROVING THE APPLICATION, THE POLICE DEPARTMENT SHALL CONDUCT A BACKGROUND CHECK ON THE APPLICANT AND ALL OF ITS MEMBERS FOR COMPLIANCE WITH THIS SECTION. BEFORE APPROVING THE APPLICATION, THE BUILDING SAFETY OFFICE SHALL CONDUCT AN INSPECTION OF THE PREMISES ON WHICH THE DISPENSARY IS PROPOSED TO BE LOCATED FOR COMPLIANCE WITH CHAPTER 1460 OF THE LANSING CODIFIED ORDINANCES.- (©) AFTER WRITTEN.APPROVAL FROM THE CITY ATTORNEY, THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, THE BUILDING SAFETY OFFICE, AND THE CITY TREASURER, THE CITY CLERK SHALL ISSUE A PERMIT TO THE APPLICANT. IF AN APPLICATION IS DENIED, THE CITY CLERK SHALL NOTIFY THE APPLICANT THAT THE APPLICATION HAS BEEN DENIED. () A PERMIT ISSUED UNDER THIS SECTION MAY BE REVOKED BY HOLDING A HEARING TO DETERMINE WHETHER ANY OF THE GROUNDS LISTED IN SUBSECTION (g) EXIST, AFTER GIVING NOTICE TO THE PERMITTEE, BY FIRST CLASS MAIL TO THE ADDRESS GIVEN ON THE PERMIT APPLICATION, AT LEAST 10 rn 12 13 14 15 16 17 18 19 20 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 TEN DAYS BEFORE THE HEARING, OF THE TIME AND PLACE OF THE HEARING AND THE GROUNDS FOR REVOCATION. (g) ANY PERMIT REQUIRED BY THIS SECTION MAY BE DENIED OR REVOKED ON ANY OF THE FOLLOWING GROUNDS: (1) THE APPLICANT COMMITS FRAUD OR MISREPRESENTATION OR MAKES A FALSE STATEMENT DURING THE APPLICATION PROCESS. (2) ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A VIOLATION OF ‘THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL UNIT OF GOVERNMENT REGULATING THE CONTROLLED SUBSTANCES BY ANY OF THE PERSONS FOR WHOM A DISCLOSURE OF SUCH INFORMATION IS REQUIRED BY SUBSECTION (c)(3). (3)- THE APPLICANT IS IN DEFAULT TO THE CITY. (4) THE APPLICANT HAS COMMITTED FRAUD OR MISREPRESENTATION OR HAS MADE A FALSE STATEMENT WHILE OPERATING A DISPENSARY. (6) ANY VIOLATION OF FEDERAL, STATE, OR LOCAL LAW RELATED TO HEALTH, SAFETY, OR WELFARE COMMITTED ON THE PREMISES FOR WHICH THE PERMIT HAS BEEN ISSUED OR IS TO BE ISSUED. (© THE APPLICANT VIOLATES ANY LIMITATIONS OR REQUIREMENTS PLACED ON THE PERMIT. (s) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE. 10 ul 12 13 4 15 16 7 18 19 20 21 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 (@ APERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED TO BE CONTAINED ON AN APPLICATION UNDER THIS SECTION TO THE CITY CLERK WITHIN 10 DAYS OF THE CHANGE. () NO PERSON WHO HAS BEEN CONVICTED OF A FELONY INVOLVING ILLEGAL DRUGS MAY BE A MEMBER OF A PERMITTEB. (®) DISPENSARIES MAY ONLY BE OPERATED IN THE F COMMERCIAL DISTRICT OR THE F-1 COMMERCIAL DISTRICT. (® NO DISPENSARY FUNCTIONS SHALL OCCUR OUTDOORS. (m) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A DISPENSARY TO OPERATE AS A SMOKEHOUSE. (a) ANY PERSON WHO VIOLATES THIS SECTION OR THE TERMS OF ANY PERMIT ISSUED UNDER THIS SECTION IS RESPONSIBLE FOR A MISDEMEANOR AND. SUBJECT TO A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00), PLUS COSTS OF PROSECUTION; IMPRISONMENT NOT.EXCEEDING NINETY (90) DAYS; OR BOTH, FOR EACH VIOLATION. (0) THE LANSING POLICE DEPARTMENT IS AUTHORIZED TO PROMULGATE. REGULATIONS REGARDING DISPENSARIES, INCLUDING MEASURES TO PROMOTE AND PROTECT SAFETY AND SECURITY BOTH WITHIN AND WITHOUT DISPENSARIES. (p) COMPASSIONATE CARE CENTERS SHALL NOT BE DEEMED DISPENSARIES AND SHALL NOT BE SUBJECT TO REGULATION PURSUANT TO THIS SECTION. a 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules inconsistent with the provisions hereof are hereby repealed. Section 3. Should any section, clause or phrase of this ordinance be declared to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be invalid. Section 4, This ordinance shall take effect on the 30th day after enactment, unless given immediate effect by City Council. Approved ast form: Cy Aromey ‘isomey_StafhORDINANCES\Medtiea! MasbuanalM Dispensaries (Zoning) 1296.02 Public Safety DA] $.4.10.doe 10 ul 12 3 14 15 16 17 18 19 20 2 22 23 DRAFT #1 February 17, 2010 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND CHAPTER 1460, SECTIONS 44 THROUGH 51, OF THE LANSING CODIFIED ORDINANCES BY EXTENDING THE CITY’S RENTAL REGISTRATION REQUIREMENTS TO COVER MOBILE HOMES PURSUANT TO PUBLIC ACT 215 OF 2009. THE CITY OF LANSING ORDAINS: Section 1. That Chapter 1460, Section 44 through 51, of the Codified Ordinances of the City of Lansing, Michigan, be and are hereby amended to read as follows: RENTAL PROPERTIES 1460.44. Registry. (@) General, All rentalS properties in the City of Lansing, INCLUDING RENTED MOBILE HOMES, exeept owner-occupied single-family- dwellings, are subject to Sections 1460.44 through 1460.51 of this Code. Owners and agents of rentals subject to this Code shall register their names, telephone numbers and place of residence or usual places of business, and the location of the premises regulated by this Code, with the Office of Code Compliance, all absentee landlords shall have a registered agent in Lansing. An absentee landlord is the owner of property that is leased, assigned or rented to another and who lives more than 40 miles from the Lansing City Limits. (b) Identification Required. The owner of any rental properties shall provide proof or verification of his or her driver's license or State of Michigan Personal Identification Card to the Office of Code Compliance. A corporation, limited liability company, trust, partnership, or D.B.A. registered with the State of Michigan or county shall provide such other information as 10 ul 12 13 14 15 16 7 18 19 20 21 22 23 DRAFT #1 February 17, 2010 may be required by the Office of Code Compliance. If the premises are managed or operated by an agent, the owners shall provide proof or verification of the agent's driver's license or State of Michigan Personal Identification Card to the Office of Code Compliance which shall be placed with the owner's name in the registry. (© Time Allowed to Register Rental Property. The owner(s) shall be responsible for registering a rental property within 30 days following the day on which the owner offers the premises, dwelling or unit for occupancy. If there is a transfer or change in any owner or agent required to register under this section, the new owner or agent shall, within 30 days of such transfer or change, notify, in writing, the Office of Code Compliance and provide the information required under this section, (@ Change of Owner or Agent's Address or Phone. After registration, if the registered owner or registered agent changes residence or his or her usual place of business or his or her telephone number(s). The registered owner or agent shall provide, in writing, the new address(es) and/or telephone number(s) to the Office of Code Compliance within 15 days of such change. If there is anew agent or there is no longer an agent, the registered owner shall provide, in writing, the required information to the Office of Code Compliance within 15 days of such change. (©) Transfer of Ownership. If there is a transfer of ownership for any rental dwelling or unit required to be registered under this section, the registered owner or agent shall, within 15 days of such transfer or change, notify, in writing, the Office of Code Compliance thereof and provide the name(s) and address of the new owner(s). Ifthe registered owner or agent sells the property ona land contract, the registered owner or agent shall provide a copy of that land contract which has been recorded with the County Register of Deeds or a property transfer affidavit, to the Office of Code Compliance and the City Assessor's office within 15 days of such change. The 10 u 12 13 4 16 ty 18, 19 20 au 22 23 DRAFT #1 February 17, 2010 registered owner or agent shall provide such information as may be required by the Office of Code Compliance. (© Application for Certificate of Compliance. An owner or agent shall apply for a Certificate of Compliance. Inspection and issuance of certificates shall comply with the requirements of this Code and with the procedures established by the Office of Code Compliance. If any owner or agent fails to make an application for a Certificate of Compliance, the occupant of the dwelling may apply for a certificate. (Certificate of Compliance Withheld, When a certificate is withheld pending compliance or the rental dwelling is not registered, or premises is not occupied for dwelling purposes, the premises shall not be occupied until a Certificate of Compliance is obtained. Those premises which are occupied for dwelling purposes may be ordered vacated until reinspection and proof of compliance has been obtained. (h) Lack of Certificate of Compliance. Ifa rental dwelling unit lacks a current Certificate of Compliance or is not registered within the required time stated in subsections (c) and (4) hereof, the dwelling may be ordered vacated and the occupants may pay the rent into an escrow account until a Certificate of Compliance is issued. The Office of Code Compliance may notify ‘occupants when the Certificate of Compliance is issued. A nonrefundable administrative service fee as established by City Council Resolution shall be assessed in instances where the lack of a current certificate of compliance necessitates investigation by the Office of Code Compliance and noncompliance is found to exist. (Certificate Issued on Condition. A Certificate of Compliance shall be issued on the condition that the premises remain in a safe, healthful and fit condition for occupancy. If, upon reinspection, the Manager of Code Compliance determines that conditions exist which are in 10 u 12 13 14 15 16 7 18 19 20 21 2 DRAFT #1 February 17, 2010 violation of this Code, The certificate shall be immediately revoked and the premises may be vacated as provided in Section 1460.08 (Substandard structures, or premises) and/or Section 1460.09 (Unsafe premises or structure). 1460.45. Inspections. (@) General, The Manager of Code Compliance or Code Compliance Officers shall inspect, on aperiodic basis, all rental dwellings and units required to be registered under this Code. (0) Method for Conducting Inspections. Inspections shall be conducted in the best manner to secure compliance with this Code. HOWEVER, INSPECTIONS OF MOBILE HOMES SHALL BE CONDUCTED ONLY FOR THE PURPOSE OF ENSURING THE PROPER FUNCTIONING AND PROTECTION OF FURNACES, WATER HEATERS, ELECTRICAL WIRING, PROPER SANITATION AND PLUMBING, VENTILATION, HEATING EQUIPMENT, STRUCTURAL INTEGRITY, AND SMOKE ALARMS. Agents or employees of the Department of Code Compliance may request permission to enter any premises regulated by Section 1460.44 (Registry) at reasonable hours to undertake an inspection. Upon an emergency, the Manager may enter at any time, Inspections may be conducted on one or more of the following bases: (1) When all regulated premises in a predetermined geographical area are inspected simultaneously or within a short period of time. (2) When complaints of violations are inspected within a reasonable time. (3) When premises are found to have a high incidence of recurrent or uncorrected violations are inspected more frequently, or (4) When the Certificate of Compliance has expired, 10 rt 12 B 14 15 16 7 18 19 20 2 22 23 DRAFT #1 February 17, 2010 ‘The registered owner or agent shall ensure that the premises regulated by this section are accessible for inspection during normal working hours of the Code Compliance Division. However, an occupant of the premises may allow inspection at any time. (©) Two-Year Certificates. In no event shall the period between Certificate of Compliance inspections be longer than two years for rental dwellings with three or more units or rooming houses that have received any violations of this Code during the most recent inspection of the premises. (@ Three-Year Certificates. In no event shall the period between Certificate of Compliance inspections be longer than three years for rental dwellings with one or two units or rental dwellings with three or more units, or rooming houses that have not received any violations of this Code during the most recent inspection of the premises. (¢) NOTWITHSTANDING SUBSECTIONS (c) AND (4), NO MOBILE HOME SHALL BE INSPECTED MORE FREQUENTLY THAN EVERY THREE YEARS UNLESS THE INSPECTION IS CONDUCTED PURSUANT TO A TENANT COMPLAINT. (@) (O) Duties of Landlord, Once notified of the Office of Code Compliance intent to inspect or reinspect a leasehold, a landlord, registered agent or property manager shall: (1) Provide Code Compliance Officers access to all leaseholds if the lease provides the owner, landlord, agent or manager a right of entry. 2) Provide access to areas other than the leasehold or areas open to public view, or both. (3) Notify tenants of the office's request to inspect the leasehold and make a good faith effort to obtain permission for an inspection from them, and arrange for the inspection. Ifa tenant has vacated a leasehold after the Office of Code Compliance has requested an inspection, the owner or manager shall notify the office of that fact within ten days after the leasehold is vacated. DRONIS © 16 DRAFT #1 February 17, 2010 (4) Provide access to the leasehold if a tenant of that leasehold has made a complaint to the Office of Code Compliance. Section 2. All ordinances, resolutions or rules, parts of ordinances, inconsistent with the provisions hereof are hereby repealed. Section 3. Should any section, clause or phrase of this ordinance be declared to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be invalid. Section 4. This ordinance shall take effect on the 30th day after enactment, unless given immediate effect by City Council. ‘Approved 2st form: Cig Atomnay Dated: