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AGENDA Committee on Public Safety

City Council Conference Room, 10th Floor, City Hall Tuesday, May 25,2010 -12:45 p.m.

Councilmember Carol Wood, Chair Councilmember Eric Hewitt, Vice Chair Councilmember Jessica Yorko, Member

I. Call To Order

n. Roll Call

m. 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

b. 10-013; Installation of stop sign on Christiansen Rd. at the intersection of Ferrol St.

c. 10-014; Installation of stop sign on Dadson at the intersection of Meese Drive

d. 10-015; Installation ofa stop sign on Vernson Drive at the intersection of DadsonDr.

3. Update from City Attorney's Office on Medical Marihuana

4. Update from City Attorney's Office on Manufacture Home Ordinance

VI. Receipt of Communications

VIT. Other

vm. Adjourn

IX. Pending

A) Underground Storage Tanks Regulations EPA Funding Grants

B) Walter Brown U ofM and MSU- Surveillance Cameras

* Supporting documentation not found in the Packet may be provided at the meeting

OFFICE OF THE MAYOR 9th Floor, City Hall

124 W. Michigan Avenue

Lansing, Michigan 48933-1694 (517) 483-4141 (voice) (517)483-4479 (TDD) (517) 483-6066 (Fax)

Virg Bernero, Mayor

From the 5-17-10 Council Meeting Packet REFERRED TO THE COMMITTEE ON PUBLIC SAFETY

TO:

City Council Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bemero

DATE:

May 13,2010

RE:

Res61ution- Traffic Control Order- Beechfield Drive and Waycross Drive

The attached correspondence is forwarded for your review and appropriate action.

VB/rh Attachment

"Equal Opportunity Employer"

City of Lansing

inter-Departmental Memorandum

Virg Bernero, Mayor

May 12, 2010

Honorable Virg Bemero and Lansing City Council City Hall, 9th Floor . Lansing, Michigan 48933

Re: Traffic Control Request: Beechfield Drive and Waycross Drive

Dear Mayor Bemero:

The Transportation and Parking Office conducted an investigation to determine traffic control requirements 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. KilpatrickP .E. Secretary

Attachments: RFS 09-056 Resolution TCO 10-012

"Equal Opportunity Employer"

BY THE COMlvIITTEE ON PUBLIC SAFETY .

RESOLVED BY THE CITY COUNCIL OF TEE 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 installation 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 Waycross 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, BEIT 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;

BE IT FINALLY RESOLVED that Traffic Control Order No.1 0-012 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 NUlY.IBER: 10-012

FILE: Beechfield Drive and Waycross Drive

In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions on Beechfield Drive and Waycross Drive has been made; and as a result of said investigation, it

is hereby directed that: .

All eastbound and westbound traffic on WAYCROSS DRIVE shall be required to stop prior to entering the intersection at BEECHFIELD DRIVE.

Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby rescinded: nla .

APPROVED BYTIIE CITY COUNCIL OF THE CITY OF LANSING ON:

ISSUED BY:

DATE:

Andrew Kilpatrick, P.E. 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: BEECH FIELD 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 Waycross 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 Beechfield Drive and Waycross Drive is a residential four-leg

, iritersection, 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 Beechfield Drive and ending at a dead end east of Lerner 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.

Traffic Board Action Date:

Passed: Declined:

File: Beechfield Dr and Waycross Dr

S:\Transportation_and_Parkin9_Office_Staff\Traffic\TB items\S.O To Trafiie Board\3.0 March 2010\Beechfield Dr and Waycross Dr

RFS 09·056.doc '

November 2, 2009

REPORT FROM THE SECRETARY #09-056

TRAFFIC CONTROL REQUEST: BEECH FIELD DRIVE AND WAYCROSS DRIVE

LOCATION DIAGRAM


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Traffic Board Action Date:

Passed: Declined:

File: Beechtield Dr and Waycross Dr

S:\Transporiation_and_Parldng_Offic6_Staff\Traffic\TB items\3.0 To Traffic Board\3.0 March 2010\Beechfield Dr and Waycross Dr RFS OS-G5B.doc

2

OFFICE OF THE MAYOR 9th Floor, City Hall

124 W. Michigan Avenue

Lansing. Michigan 48933-1694 (517) 483-4141 (voice) (517) 483-4479 (TDD) (517) 483-6066 (Fax)

Virg Bernero, 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.

VB/rh Attachment

"Equal Opportunity Employer"

City of Lansing

Inter-Departmental Memorandum

Virg Bernero, Mayor'

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 Bemero:

\

The Transportation and Parking Office conducted an investigation to determine traffic control

requirements at the intersection of Christiansen Road and Ferrol Street. Attached is the Report from Secretary 09-034 detailing 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,

J

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 a 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 ofFerrol 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 ofFerrol 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.1 0-013, thereby authorizing the Transportation Engineer to install a stop sign on Christiansen Road at the intersection ofFerrol Street;

BE IT 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

In 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, it is

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 COUNCIT., OF THE CITY OF LANSING ON:

ISSUED BY:

DATE:

Andrew Kilpatrick, l2.E. 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. Ferrol 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 five (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 beer no reported accidents from January 1, 2004 to December 31,2008.

The Transportation and Parking Office recommends the installation ofa stop sign on Christiansen Road at Ferrol Street because of the safe approach speed and to eliminate right-of-way confusion.

Traffic Board Action Date:

Passed: Declined: --

File: Christiansen Road & Ferrol Street

C:\Oocuments and Settings\MWhisler\Desktop\On·Base AprlllChristiansen Rd & FerrolSt\Christiansen Rd & Ferrol St 09-034.doc

, 1

TRAFFIC CONTROL REQUEST: CHRISTIANSEN ROAD AND FERROL STREET

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REPORT FROM THE SECRETARY #09-034

LOCATION DIAGRAM

PROPOSED TRAFFIC--...,. CONTROL ........

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June 18, 2009

CARVEL CT.

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Passed: Declined: ---

File: Christiansen Road &. Ferroi Street

C:\Documents and Settings\MWhisler\Desktop\On-Base April\Christiansen Rd &. Ferrol St\Ch~stiansen Rd & Ferrol St 09-034.doc 2

Xu j , IV J

OFFICE OF THE MAYOR 9th Floor, City Hall

124 W. Michigan Avenue

Lansing, Michigan 48933-1694 (517) 483-4141 (voice) (517) 483-4479 (TDD) (517) 483-6066 (Fax)

Virg Bernero, 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- Dadson Drive and Meese Drive

The attached correspondence is forwarded for your review and appropriate action.

VB/rh Attachment

"Equal Opportunity Employer"

City of Lansing

Inter-Departmental Memorandum

Virs Sernero, 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 Bemero:

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 oftbis traffic control, and a resolution for City Council consideration and action.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P .E. Secretary

Attachments: RFS 09-059 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 Transportation and Parking Office conducted a study of the roadway conditions to determine traffic control requirements at the intersection of Dads on Drive and Meese Drive;

WHEREAS, based upon 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 and Parking 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 sign on Dadson Drive at the intersection of Meese Drive;

BE IT FINALLY RESOLVED that Traffic Control Order No. 10-014 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: 10-014

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 a result of said investigation, it is hereby directed 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 LANSJNG ON:

ISSUED BY:

DATE:

Andrew Kilpatrick, P.E. Transportation Engineer

RECEIVED FOR FILING:

SIGNED BY:

Date

Chris Swope City Clerk

DATE OF FILING WITH CITY CLERK.:

: I,

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 threeleg 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.

A safe approach speed study was performed and revealed a safe approach speed of fifteen (15) 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.

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 Dadson Drive at Meese Drive because of the safe approach speed and to eliminate right-of-way confusion.

Traffic Board Action Date:

Passed: Declined: --

File: Dadson Dr and Meese Dr

C:\Oocuments and SettingsIMWhislerIOesktop\On-Base AprillOadson Dr and Meese drlDadson Dr and Meese til' 09-059.doc 1

November 2, 2009

REPORT FROM THE SECRETARY #09-059

TRAFFIC CONTROL REQUEST: DADSON DRIVE AND MEESE DRIVE

LOCATION DIAGRAM

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Passed: Declined: --

File: Dadson Dr and Meese Dr

C:\Documents and Settings\MWhisleriDesktop\On-Base April\Dadson Dr and Meese driDadson Dr and Meese dr 09-059.doc 2

-,

( "

OFFICE OF THE MAYOR 9th Floor, City Hall

'124 W. Michigan Avenue

Lansing, Michigan 48933-1694 (517) 483-4141 (voice) (517) 483-4479 (TDD) (517) 483-6066 (Fax)

Virg Bernero, Mayor

TO:

City Council Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

May 13, 2010

RE:

Resolution-Traffic Control Order- Dadson Drive and Vernson Drive

The attached correspondence is forwarded for your review and appropriate action.

VB/rh . Attachment

"Equal Opportunity Employer"

i » ,

City of Lansing

I nter-Departmental Memorandum

, Virg sernerc, 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 Vemson Drive

Dear Mayor Bemero:

The Transportation and Parking Office conducted an investigation to determine traffic control requirements at the intersection of Dadson Drive and Vemson 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.

Respectfully submitted,

LANSING TRAFFIC BOARD

Andrew K. Kilpatrick, P.E. Secretary

Attachments: RFS 09-060 Resolution TCO 10-015

I'

"Equal Opportunity Employer"

I '

BY THE COMMITTEE ON PUBLIC SAFETY

RESOL VEt> 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 Vemson Drive;

WHEREAS, based upon the results of this study, the Transportation and Parking Office recommends the installation of a stop sign on Vemson Drive at the intersection of Dadson 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 a stop sign on Vemson 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 CI~rk1s. 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 Dads on 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.

/ c_

CITY OF LANSING .

TRAFFIC CONTROL O:R.:DER

ORDER NUJ.v.[8ER: 10-015

FILE: Dadson Drive and Vernson Drive

In accordance witb. Ordinance Number 761 as amended, an investigation oftb.e traffic conditions on Dadson Drive and Vemson Drive has been made; and as a result of said investigation, it is hereby directed that:

All northbound traffic on VERNSON DRIVE shall be required to stop prior to entering tb.e intersection at DADSON DRIVE.



Any conflicting traffic regulations on tb.e 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, P .E. Transportation Engineer

RECEIVED FOR FILThTG: \

SIGNED BY:

Date

DATE OF FILING WITH CITY CLERK.:

. Chris Swope City Clerk

1/.'"

November 2, 2009

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 threeleg 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. Vern son 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.

A safe 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.

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 Vernson Drive at Dadson Drive because of the safe approach speed and to eliminate right-of-way confusion.

Traffic Board Action Date:

Passed: Declined: --

File; Dadson Dr and Vernson Dr

C:\Documents and Settings\MWhisler\Desktop\On-Base April\Dadson Dr and Vernson Dr\Dadson Dr and Vemson Dr 09-060.doc 1

November 2, 2009

REPORT FROM THE SECRETARY #09-060

TRAFFIC CONTROL REQUEST: DADSON DRIVE AND VERNSON DRIVE

LOCATION DIAGRAM

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Passed: __ Declined:-=-

File: Dadson Dr and Vernson Dr

C:\Documents and Settings\MWhisler\Desktop\On-Base April\Dadson Dr and Vemson Dr\Dadson Dr and Vemson Dr 09"060.doc

. 2

PUBLIC SAFETY COMMITTEE DRAFT #1

May 4, 2010

1 ORDINANCE NO. _

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND

3 CHAPTER 1296 OF THE LANSING CODIFIED ORDINANCES BY PROVIDING

4 REGULATIONS FOR MEDICAL MARIHUANA DISPENSARIES.

5 THE CITY OF LANSING ORDAINS:

6 Section 1. That Chapter 1296 of the Codified Ordinances ofthe City of Lansing,

7 Michigan, be and is hereby amended to read as follows:

8 1296.02. MEDICAL MARIHUANA DISPENSARIES

9 (a) THE CITY COUNCIL FINDS THAT:

10 (I) THE MICHIGAN MEDICAL MARIHUANA ACT DOES NOT ADDRESS THE

11 ESTABLISHMENT OF MEDICAL MARIHUANA DISPENSARIES.

12 (2) THE CITY IS NONETHELESS ENCOUNTERING THE ESTABLISHMENT OF SUCH

13 DISPENSARIES AND IS CHARGED WITH THE PUBLIC PEACE, HEALTH, AND

14 SAFETY.

15 (3) ACCORDINGLY, MEDICAL MARIHUANA DISPENSARIES MUST BE REGULATED

16 BY THE CITY FOR THE PROTECTION OF THE PUBLIC PEACE, HEALTH, AND

17 SAFETY.

18 (b) AS USED IN THIS SECTION:

19 THE ACT MEANS THE MICHIGAN MEDICAL MARIHUANA ACT, BEING INITIATED

20 LAW 1 OF 2008, CODIFIED AS AMENDED AT MCL 333.26421 ET SEQ., AS WELL AS

21 ANY REGULATIONS PROMULGATED THEREUNDER.

1

PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010

1 COMPASSIONATE CARE CENTER MEANS ANY ENTITY WHOSE.MEMBERS ARE

2 SOLELY COMPRISED OF LICENSED CAREGIVERS AND REGISTERED PATIENTS

3 UNDER THE ACT, WHO EACH PAY MEMBERSHIP DUES EQUALLY TO THE ENTITY,

4 IS INCORPORATED AS A NON-PROFIT CORPORATION, DOES NOT COLLECT OR

5 RECEIVE AN ADMINISTRATIVE FEE UNDER THE ACT, AND WHOSE TOTAL SUPPLY

6 OF MARIHUANA DOES NOT EXCEED AT ANY GIVEN TIME.

7 DISPENSARYMEANS ANY COMMERCIAL ESTABLISHMENT OR ENTERPRISE

8 INVOLVING DISPENSARY FUNCTIONS BUT DOES NOT INCLUDE COMMERCIAL

9 ESTABLISHMENTS OR ENTERPRISES SOLELY INVOLVING EDUCATION OR

10 DISCUSSION RELATED TO THE MEDICAL USE OF MARIHUANA.

11 DISPENSARY FUNCTIONS MEANS GROWTH; DISPENSING, INCLUDING HOME

12 DELIVERY; USE; OR STORAGE OF MARIHUANA FOR MEDICAL USE.

13 ENTITYMEANS ANY INCORPORATED OR UNINCORPORATED ASSOCIATION, CLUB,

14 ORGANIZATION, OR COMPANY, WHETHER FOR PROFIT OR NON,.PROFIT, - __

15 REGARDLESS OF HOW CONTROL, OWNERSHIP, OR MEMBERSHIP IS DETERMINED.

16 MEDICAL USE MEANS "MEDICAL USE" AS IT IS DEFINED IN THE ACT.

17 MEMBER MEANS A PERSON WITH ANY INVESTMENT, OWNERSHIP, MEMBERSHIP,

18 SHAREHOLDER, EMPLOYMENT, MANAGEMENT, OR OTHER RELATIONSHIP

19 DEMONSTRATING AN ACTUAL OR APPARENT AGENCY RELATIONSHIP WITH AN

20 ENTITY.

21 (c) NO PERSON SHALL OPERATE A DISPENSARY WITHOUT OBTAINING A PERMIT

22 TO DO SO. TO OBTAIN A PERMIT, AN APPLICATION FEE IN AN AMOUNT SET BY

2

PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010

1 COUNCIL RESOLUTION AND A WRITTEN APPLICATION SHALL BE FILED WITH

2 THE CITY CLERK, CONTAINING:

3 (1) THEAPPLICANT'S NAME AND ADDRESS, AND, IF THE APPLICANT IS AN

4 ENTITY, THE NAME AND ADDRESS OF THE ENTITY AND THE NAMES AND

5 ADDRESSES OF ALL OF ITS MEMBERS.

6 (2) AN AFFIDAVIT THAT THE APPLICANT IS NOT IN DEFAULT TO THE CITY.

7 (3) DISCLOSURE OF ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A

8 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL

9 UNIT OF GOVERNMENT REGULATING CONTROLLED SUBSTANCES BY THE·

10 APPLICANT OR ANY OF ITS MEMBERS.

11 (4) THE PROPOSED LOCATION OF THE DISPENSARY.

12 (5) A.DESCRIPTION OF ANY DISPENSARY FUNCTIONS TO BE CARRIED ON AT THE

. 13 DISPENSARY, A LIST OF ALL OF THE APPLICANT'S MEMBERS WHO WILL BE

.14. ENGAGED-IN SUCH FUNCTIONS, AND THE REGISTRY STATUS AND INFORMAT10N ..

15 OF THOSE MEMBERS UNDER THE ACT.

16 (6) A CERTIFICATION THAT THE PERMITTEE WILL COMPLY WITH THE ACT AND

17 AN ACKNOWLEDGEMENT THAT FAILURE TO COMPLY MAY RESULT IN LOSS OF

18 THE PERMIT.

19 (7) AUTHORIZATION TO CONDUCT BACKGROUND CHECKS, INCLUDING

20 CRIMINAL BACKGROUND CHECKS, ON THE APPLICANT AND ALL OF ITS

21 MEMBERS.

3

PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010

1 (8) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY

2 CLERK, THE CITY ATTORNEY, THE POLICE DEPARTMENT, THE FIRE

3 DEPARTMENT, THE BUILDING SAFETY OFFICE, OR THE CITY TREASURER TO

4 COMPLETE AN INVESTIGATION OF THE APPLICANT OR ITS MEMBERS.

5 (d) THE CITY CLERK SHALL REFER COPIES OF THE APPLICATION TO THE CITY

6 ATTORNEY, THE POLICE DEPARTMENT, THE FIRE DEPARTMENT, THE BUILDING

7 SAFETY OFFICE, AND THE CITY TREASURER FOR APPROVAL. BEFORE

8 APPROVING THE APPLICATION, THE POLICE DEPARTMENT SHALL CONDUCT A

9 BACKGROUND CHECK ON THE APPLICANT AND ALL OF ITS MEMBERS FOR

10 COMPLIANCE WITH THIS SECTION. BEFORE APPROVING THE APPLICATION, THE

11 BUILDING SAFETY OFFICE SHALL CONDUCT AN INSPECTION OF THE PREMISES

12 ON WHICH THE DISPENSARY IS PROPOSED TO BE LOCATED FOR COMPLIANCE

13 WITH CHAPTER 1460 OF THE LANSING CODIFIED ORDINANCES.-

-- - -14 - -(e) AFTER WRITTEN APPROVAL FROM THE-CITY ATTORNEY, THE POLICE-

15 DEPARTMENT, THE FIRE DEPARTMENT, THE BUILDING SAFETY OFFICE, AND THE

16 CITY TREASURER, THE CITY CLERK SHALL ISSUE A PERMIT TO THE APPLICANT.

17 IF AN APPLICATION IS DENIED, THE CITY CLERK SHALL NOTIFY THE APPLICANT

18 THAT THE APPLICATION HAS BEEN DENIED.

19 (f) A PERMIT ISSUED UNDER THIS SECTION MAY BE REVOKED BY HOLDING A

20 HEARING TO DETERMINE WHETHER ANY OF THE GROUNDS LISTED IN

21 SUBSECTION (g) EXIST, AFTER GIVING NOTICE TO THE PERMITTEE, BY FIRST

22 CLASS MAIL TO THE ADDRESS GIVEN ON THE PERMIT APPLICATION, AT LEAST

4

PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010

1 TEN DAYS BEFORE THE HEARING, OF THE TIME AND PLACE OF THE HEARING

2 AND THE GROUNDS FOR REVOCATION.

3 (g) ANY PERMIT REQUIRED BY THIS SECTION MAY BE DENIED OR REVOKED ON

4 ANY OF THE FOLLOWING GROUNDS:

5 (1) THE APPLICANT COMMITS FRAUD OR MISREPRESENTATION OR MAKES A

6 FALSE STATEMENT DURING THE APPLICATION PROCESS.

7 (2) ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO,A VIOLATION OF

8 THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL UNIT OF

9 GOVERNMENT REGULATING THE CONTROLLED SUBSTANCES BY ANY OF THE

10 PERSONS FOR WHOM A DISCLO~URE OF SUCH INFORMATION IS REQUIRED BY

11 SUBSECTION (c)(3).

12 (3) -- THE APPLICANT IS IN DEFAULT TO THE CITY. .

13 (4) THE- APPLICANT HAS COMMITTED FRAUD OR MISREPRESENTATION OR HAS

.14 -- MADKAFALSE STATEMENT WHILE OPERATING A DISPENSARY. --- -

15 (5) ANY VIOLATION OF FEDERAL, STATE, OR LOCAL LAW RELATED TO HEALTH,

16 SAFETY, OR WELFARE COMMITTED ON THE PREMISES FOR WHICH THE PERMIT

17 HAS BEEN ISSUED OR IS TO BE ISSUED.

18 (6) THE APPLICANT VIOLATES ANY LIMITATIONS OR REQUIREMENTS PLACED

19 ON THE PERMIT.

20 (h) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.

5

PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010

1 (i) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED

2 TO BE CONTAINED ON AN APPLICATION UNDER THIS SECTION TO THE CITY

3 CLERK WITHIN 1 0 DAYS OF THE CHANGE.

4 G) NO PERSON WHO HAS BEEN CONVICTED OF A FELONY INVOLVING ILLEGAL

5 DRUGS MAY BE A MEMBER OF A PERMITTEE.

6 (k) DISPENSARIES MAY ONLY BE OPERATED IN THE F COMMERCIAL DISTRICT OR

7 THE F-l COMMERCIAL DISTRICT.

8 (1) NO DISPENSARY FUNCTIONS SHALL OCCUR OUTDOORS.

9 (m) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PERMITTING A

10 DISPENSARY TO OPERATE AS A SMOKEHOUSE.

11 (n) ANY PERSON WHO VIOLATES THIS SECTION OR THE TERMS OF ANY PERMIT

12 ISSUED UNDER THIS SECTION IS RESPONSIBLE-FOR A MISDEMEANOR AND

13 SUBJECT TO A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00), PLUS

-- 1-4 - COSTS O-FPROSECUTION; IMPRISONMENT NOT-EXCEEDIN-G NINETY-(9D) DAYS; OR --

15 BOTH, FOR EACH VIOLATION.

16 (0) THE LANSING POLICE DEPARTMENT IS AUTHORIZED TO PROMULGATE

17 REGULATIONS REGARDING DISPENSARIES, INCLUDING MEASURES TO PROMOTE

18 AND PROTECT SAFETY AND SECURITY BOTH WITHIN AND WITHOUT

19 DISPENSARIES.

20 (P) COMPASSIONATE CARE CENTERS SHALL NOT BE DEEMED DISPENSARIES AND

21 SHALL NOT BE SUBJECT TO REGULATION PURSUANT TO THIS SECTION.

6

PUBLIC SAFETY COMMITTEE DRAFT #1 May 4, 2010

1 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

2 inconsistent with the provisions hereof are hereby repealed.

3 Section 3. Should any section, clause or phrase of this ordinance be declared to be

4 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

5 other than the part so declared to be invalid.

6 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

7 immediate effect by City Council.

8 9 10 11 12

13 14 15 16 17 18 19 20 21

-22

23 24 25 26 27 28 29 30 31 32

Approved as to form:

City Attorney

Dated: --'- _

S:\Attorney_Staf±\ORDINANCES\Medical Marihuana\MM Dispensaries (Zoning) 1296.02 Public Safety D#l S.4.10.doc .

7

DRAFT #1 February 17, 2010

1 ORDINANCE NO.

-----

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND

3 CHAPTER 1460, SECTIONS 44 THROUGH 51, OF THE LANSING CODIFIED

4 ORDINANCES BY EXTENDING THE CITY'S RENTAL REGISTRATION

5 REQUIREMENTS TO COVER MOBILE HOMES PURSUANT TO PUBLIC ACT 215 OF

6 2009.

7 THE CITY OF LANSING ORDAINS:

8 Section 1. That Chapter 1460, Section 44 through 51, of the Codified Ordinances of the

9 City of Lansing, Michigan, be and are hereby amended to read as follows:

10 RENTAL PROPERTIES

11 1460.44. Registry.

12 (a) General. All rentalS properties in the City of Lansing, INCLUDING RENTED MOBILE

13 HOMES, C*cept OVv'flef occupied single family dVfellings, are subject to Sections 1460.44

14 through 1460.51 of this Code. Owners and agents of rentals subject to this Code shall register

15 their names, telephone numbers and place of residence or usual places of business, and the

16 location of the premises regulated by this Code, with the Office of Code Compliance, all

17 absentee landlords shall have a registered agent in Lansing. An absentee landlord is the owner of

18 property that is leased, assigned or rented to another and who lives more than 40 miles from the

19 Lansing City Limits.

20 (b) Identification Required. The owner of any rental properties shall provide proof or

21 verification of his or her driver's license or State of Michigan Personal Identification Card to the

22 Office of Code Compliance. A corporation, limited liability company, trust, partnership, or

23 D.B.A. registered with the State of Michigan or county shall provide such other information as

1

DRAFT #1 February 17,2010

1 may be required by the Office of Code Compliance. If the premises are managed or operated by

2 an agent, the owners shall provide proof or verification of the agent's driver's license or State of

3 Michigan Personal Identification Card to the Office of Code Compliance which shall be placed

4 with the owner's name in the registry.

5 ( c) Time Allowed to Register Rental Property. The owner( s) shall be responsible for registering

6 a rental property within 30 days following the day on which the owner offers the premises,

7 dwelling or unit for occupancy. If there is a transfer or change in any owner or agent required to

8 register under this section, the new owner or agent shall, within 30 days of such transfer or

9 change, notify, in writing, the Office of Code Compliance and provide the information required

10 under this section.

11 (d) Change of Owner or Agent's Address or Phone. After registration, if the registered owner

12 or registered agent changes residence or his or her usual place of business or his or her telephone

13 numbens). The registered owner or agent shall provide, in writing, the new addressees) and/or

14 telephone number( s) to the Office of Code Compliance within 15 days of such change. If there is

15 a new agent or there is no longer an agent, the registered owner shall provide, in writing, the

16 required information to the Office of Code Compliance within 15 days of such change.

17 ( e) Transfer of Ownership. If there is a transfer of ownership for any rental dwelling or unit

18 required to be registered under this section, the registered owner or agent shall, within 15 days of

19 such transfer or change, notify, in writing, the Office of Code Compliance thereof and provide

20 the name(s) and address of the new owner(s). If the registered owner or agent sells the property

21 on a land contract, the registered owner or agent shall provide a copy of that land contract which

22 has been recorded with the County Register of Deeds or a property transfer affidavit, to the

23 Office of Code Compliance and the City Assessor's office within 15 days of such change. The

2

DRAFT #1 February 17,2010

1 registered owner or agent shall provide such information as may be required by the Office of

2 Code Compliance.

3 (f) Applicationfor Certificate of Compliance. An owner or agent shall apply for a Certificate of

4 Compliance. Inspection and issuance of certificates shall comply with the requirements of this

5 Code and with the procedures established by the Office of Code Compliance. If any owner or

6 agent fails to make an application for a Certificate of Compliance, the occupant of the dwelling

7 may apply for a certificate.

8 (g) Certificate of Compliance Withheld. When a certificate is withheld pending compliance or

9 the rental dwelling is not registered, or premises is not occupied for dwelling purposes, the

10 premises shall not be occupied until a Certificate of Compliance is obtained. Those premises

11 which are occupied for dwelling purposes may be ordered vacated until reinspection and proof of

12 compliance has been obtained.

13 (h) Lackof Certificate of Compliance. If a rental dwelling unit lacks a current Certificate of

14 Compliance or is not registered within the required time stated in subsections ( c) and (d) hereof,

15 the dwelling may be ordered vacated and the occupants may pay the rent into an escrow account

16 until a Certificate of Compliance is issued. The Office of Code Compliance may notify

17 occupants when the Certificate of Compliance is issued. A nonrefundable administrative service

18 fee as established by City Council Resolution shall be assessed in instances where the lack of a

19 current certificate of compliance necessitates investigation by the Office of Code Compliance

20 and noncompliance is found to exist.

21 (i) Certificate Issued on Condition. A Certificate of Compliance shall be issued on the

22 condition that the premises remain in a safe, healthful and fit condition for occupancy. If, upon

23 reinspection, the Manager of Code Compliance determines that conditions exist which are in

3

DRAFT #1 February 17,2010

1 violation of this Code. The certificate shall be immediately revoked and the premises may be

2 vacated as provided in Section 1460.08 (Substandard structures, or premises) and/or Section

3 1460.09 (Unsafe premises or structure).

4 1460.45. Inspections.

5 (a) General, The Manager of Code Compliance or Code Compliance Officers shall inspect, on

6 a periodic basis, all rental dwellings and units required to be registered under this Code.

7 (b) Method for Conducting Inspections. Inspections shall be conducted in the best manner to

8 secure compliance with this Code. HOWEVER, INSPECTIONS OF MOBILE HOMES SHALL

9 BE CONDUCTED ONLY FOR THE PURPOSE OF ENSURING THE PROPER

10 FUNCTIONING AND PROTECTION OF FURNACES, WATER HEATERS, ELECTRICAL

11 WIRING, PROPER SANITATION AND PLUMBING, VENTILATION, HEATING

12 EQUIPMENT, STRUCTURAL INTEGRITY, AND SMOKE ALARMS. Agents or employees

13 of the Department of Code Compliance may request permission to enter any premises regulated

14 by Section 1460.44 (Registry) at reasonable hours to undertake an inspection. Upon an

15 emergency, the Manager may enter at any time. Inspections may be conducted on one or more of

16 the following bases:

17 (1) When all regulated premises in a predetermined geographical area are inspected

18 simultaneously or within a short period of time.

19 (2) When complaints of violations are inspected within a reasonable time.

20 (3) When premises are found to have a high incidence of recurrent or uncorrected violations are

21 inspected more frequently, or

22 (4) When the Certificate of Compliance has expired.

4

DRAFT #1 February 17,2010

1 The registered owner or agent shall ensure that the premises regulated by this section are

2 accessible for inspection during normal working hours of the Code Compliance Division.

3 However, an occupant of the premises may allow inspection at any time.

4 (c) Two-Year Certificates. In no event shall the period between Certificate of Compliance

5 inspections be longer than two years for rental dwellings with three or more units or rooming

6 houses that have received any violations of-this Code during the most recent inspection of the

7 premises.

8 (d) Three-Year Certificates. In no event shall the period between Certificate of Compliance

9 inspections be longer than three years for rental dwellings with one or two units or rental

10 dwellings with three or more units, or rooming houses that have not received any violations of

11 this Code during the most recent inspection of the premises.

12 (e) NOTWITHSTANDING SUBSECTIONS (c) AND (d), NO MOBILE HOME SHALL BE

13 INSPECTED MORE FREQUENTLY THAN EVERY THREE YEARS UNLESS THE

14 INSPECTION IS CONDUCTED PURSUANT TO A TENANT COMPLAINT.

15 W ill Duties of Landlord .. Once notified of the Office of Code Compliance intent to inspect or

16 reinspect a leasehold, a landlord, registered agent or property manager shall:

17 (1) Provide Code Compliance Officers access to all leaseholds ifthe lease provides the owner,

18 landlord, agent or manager a right of entry.

19 (2) Provide access to areas other than the leasehold or areas open to public view, or both.

20 (3) Notify tenants of the office's request to inspect the leasehold and make a good faith effort to

21 obtain permission for an inspection from them, and arrange for the <inspection. If a tenant has

22 vacated a leasehold after the Office of Code Compliance has requested an inspection, the owner

23 or manager shall notify the office of that fact within ten days after the leasehold is vacated.

5

DRAFT #1 February 17,2010

1 (4) Provide access to the leasehold if a tenant of that leasehold has made a complaint to the

2 Office of Code Compliance.

3 . Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

4 inconsistent with the provisions hereof are hereby repealed.

5 Section 3. Should any section, clause or phrase ofthis ordinance be declared to be

6 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

7 other than the part so declared to be invalid.

8 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

9 immediate effect by City Council.

10 11 12 13 14

15

Approved as to fonn:

City Attorney

Dated: _

16 17

6