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MINUTES

Committee on Public Safety


Tenth Floor Conference Room, City Hall
Friday, November 19, 2009
11:00 a.m.

Call To Order
The meeting was called to order at 11:15 a.m.

Roll Call
Councilmember Sandy Allen, Chair
Councilmember Carol Wood, Vice Chair
Councilmember Eric Hewitt, Member – Excused absence

Others Present
Terese Horn, Council Staff
Brigham Smith, City Attorney
Melissa Domsic, LSJ
Lori Mayabb, Finsilver Friedman
Katherine Lockard, Finsilver Friedman
Germine Redding, The Venue
Corinne Rademacher, The Venue
Neal Langman, LPD
Jan Kolp, LPD
Paul Manrique, Law Clerk
M. Young, Citizen
Conrad Tatnall, The Venue

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Approval of Minutes

COUNCILMEMBER WOOD MADE A MOTION TO APPROVE THE


MINUTES OF THE REGULAR MEETINGS HELD ON NOVEMBER 4
AND 9, 2009, AS SUBMITTED. MOTION CARRIED, 2-0.

Public Comment on Agenda Items


No Public Comment.

DISCUSSION/ACTION

Discussion on the Venue Nightclub

Charles Ford, the attorney for the Venue, joined the discussion via a
conference call.

Mr. Smith submitted a memorandum to the Committee outlining the


background on the Venue and options to resolve the matter along with
a memo updating information on the FOIA Policies and Procedures. He
verbalized concerns expressed about the shootings at the Venue and
the understanding that it cannot continue. The building had been
owned by Long Blvd., LLC since November 2009. The liquor license is
as stated in the memo. There are nine violations of the liquor license
law.

Mr. Smith indicated that there are three options to resolve this matter;
of which, he will recommend one. One big issue is the resources it
takes each weekend to respond to incidences at the Venue. Officers
put themselves in harms way, which then creates unprotected gaps
within the City. They are spending a lot of resources protecting the
people at the Venue. There was discussion with respect to developing
a mechanism to recoup costs. This could be an ordinance that the
Council could consider and act on. It would be used for all businesses
that extra police patrol is required. It would allow for maintaining
public safety and recouping costs.

The ordinance amendment will be in conjunction with the cabaret


ordinance by adding a new section. He outlined the proposed
ordinance outlining the responsibility of businesses to keep the peace
on their premises. The Legislative body needs to define “premises.” If
there are a determined number of calls at an establishment, they will

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be sent a notice. After that there will be a fine to pay, and if that is not
paid, they will be in violation of the ordinance.

He made a recommendation for Council to consider this ordinance as


soon as possible.

Councilmember Wood requested that in the ordinance, it specify how


the notice would go to the Clerk – upon written notice from the Chief or
designee.

Question was raised if a license premise includes the parking lot? Mr.
Smith is to verify.

Charles Ford questioned the vagueness in the ordinance. He voiced


concern about it and indicated the City already has something in place.
In his opinion this ordinance amendment could be a roadblock or an
undue burden to business owners and deter new establishments from
moving into the City.

Mr. Smith presented options for the Committee’s consideration:

1) Option I– last chance agreement – exploring an agreement with


the business to make the city whole for the resources used

2) Option II – liquor license – cabaret license revocation - would


focus on in liquor license as did the Cadillac Club but would hire a
hearing officer to hear the case (former judge) the hearing officer
would make a recommendation to the City Council. Cabaret
license – less formal process – internal within the city itself –
there would be the ability to challenge it in a circuit court action

3) Public Nuisance - sue for injunction – not the best course at this
part of the junction

Mr. Smith recommended option 1, the last change agreement, with


clear understanding. Under the agreement, if the business came in
violation, the City would have more leverage to pursue liability. In
recommending the agreement Council also adopt the proposed
ordinance amendment. However, the “Last Chance agreement” will be
totally separate from the ordinance. The ordinance will provide the City
with codified protection for any future problems. The Law Department
would develop an agreement and if there was a violation, then it would
be forward with any action required to Council.

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Mr. Ford expressed his opinion that options #2 & #3 is already covered
already.

Mr. Smith stated that option #2 and #3 should be kept on the table,
and there may be some common ground with Option #1. Mr. Smith
and Mr. Ford will meet to talk about this.

The number of arrests at the Venue is to be provided to the


Committee.

Mr. Redding indicated that they have gone through all 25 items of the
process. He does not use a I.D. scanner for individuals entering his
building. Councilmember Wood suggested the use of a scanner. Mr.
Redding responded that he had considered it, but the problem is not in
the Venue but coming from outside in the parking lot. He has a no-
trespassing sign on the property, but it needs to be enforced.

Councilmember Allen stated that this matter appears to be in the


hands of the legal department and attorney for the Venue. She opened
up the meeting for comment:

Corinne Radimaker reported that she worked at the Venue since it


opened and has never felt unsafe. She suggested running a patrol car
through the parking lot at the end of the night instead of waiting for
something to happen.

Council President Quinney commented about LPD and Mr. Redding


having mutually agreed and developed some kind of procedure to
eliminate a lot of the problems. He voiced his displeasure with Mr.
Redding indicating that LPD is not doing their job.

Chief Alley expressed appreciation of Council President Quinney’s


comments. He indicated that they have been in a position where they
are acting too much, and then they claim that they do not act enough.
They will continue to work with the Venue until something else is
worked out. They have utilized hundreds of hours of resources at this
location.

Council President Quinney questioned what party is responsible for


problems coming from around the business to the parking lot.

Mr. Smith indicated that the best thing to do is to have everyone at the
table and work on obtaining an agreement on this matter.

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Councilmember Allen suggested that Mr. Ford and the City Attorney
get together and work out an agreement and then continue discussion
on this matter in the Public Safety Committee on Monday evening.

Councilmember Wood commented about the fact that everyone has


been at the table and made suggestions, and this has made a
difference on a resolve. As a Councilmember, she has seen an
agreement work. She expressed appreciation for everyone coming to
the table.

Councilmember Allen urged that the “Last Chance Agreement” be


established as soon as possible.

Review of the FIOA Policy

Mr. Smith submitted a memorandum to follow up on the policies and


procedures. He provided answers to the questions raised at the last
meeting. This is the same memo as the last one but with updated
information on the concordance. He reviewed #IV. There are some
things in their policies and procedures that cannot be included in an
ordinance. Because of the FOIA statute, the City cannot pass an
ordinance that is more restrictive. The State conclusively owns FOIA.

Mr. Roberts stated that the only way that the City could change
anything is if the State gave them the right under the Home Rule Act.

Similarly, Lansing has the authority and ability at the margin to deal
with procedural matters. Such as Housing Code indicates that it does
not pre-empt the municipalities.

The Committee was informed that they could not tighten the ordinance
with respect to criminal or misdemeanor because it is preempted by
the State. If there is a violation of a FOIA, the remedy is there, and it
could be brought forward by the judge or prosecutor.

The working group on the FOIA policy will be flushing out Section IV on
privacy and come back to the Committee.

Section #VI would put the City in a potential legal hold, and Law
advised against it. It would require specific language regarding media
means. This is a policy and legal concern. Mr. Smith was requested to
outline some kind of language on this.

Mr. Smith stated that just because records are open to FOIA, it does
not mean they are automatically released.

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Councilmember Wood commented about the issue of the media
requesting including everything under the sun on FOIA in order to get
the information actually searching. She suggested that there be an
opportunity for Council to waive costs. She commented that she wants
to be sure that this issue is settled this year, and she would like Law to
do whatever it takes to get this done.

Pending.

ADJOURN
The meeting was adjourned at 12:24 p.m.

Submitted by,
Terese Horn
Recording Secretary
Lansing City Council
Approved by the Committee on __________________.
Appropriate documents attached to original set of minutes.

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MINUTES
Committee on Public Safety
Tenth Floor Conference Room, City Hall
Monday, November 23, 2009
6:00 p.m.

Call To Order
The meeting was called to order at 6:05 p.m.

Roll Call
Councilmember Sandy Allen, Chair
Councilmember Carol Wood, Vice Chair
Councilmember Eric Hewitt, Member

Others Present
Terese Horn, Council Staff
Brigham Smith, City Attorney
Charles Ford, Attorney
Chris Swope, City Clerk
Jason Green, Chamber
Germaine Redding, The Venue

Approval of Minutes

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No Minutes Considered.

Public Comment on Agenda Items


No Public Comment.

DISCUSSION/ACTION

Review of the Proposed Ordinance Amendment to Chapter 808,


Cabarets License

Mr. Smith stated that Draft #2 of the Ordinance has been prepared but
is awaiting review by there office prior to the Committee’s review.

The Committee made further recommendations to draft #1:

Page 4, Line 15

Councilmember Wood expressed concern about the language


proposed to be inserted.

No steps to predicate written notice.

Nothing between 14 and next page gives a time table.

Question was raised about this revision and a request made to have a
better explanation of the rationale of why this is needed.

It was suggested to insert in line 15 after “Premises” insert “upon


written notification of the Chief of Police or his or her designee” if. . .

Line 18 after “incidences” insert “within 100 days of receipt of the first
written warning” in which . . .

Define “premise” for parking.

Councilmember Wood questioned whether there is a way to deal with


the zoning issue?

Thought to have free standing parking regulation - it should be


identified as “G” zoning identifies “parking”. Smith is to follow up with
Sue Stachowiak.

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Councilmember Wood questioned should there be explanation of the
written warning?

Mr. Smith recommended inserting a new sentence on page 4 that


states “written warning to be sent by certified mail or hand delivery to
there registered agent of the licensee and shall consist at a minimum
of the following information.” Should there be a trigger that some kind
of electoral appeal process.

Term, “incidences” is to be defined better.

Councilmember Wood commented that it is important that we do not


have business owners feel that if they call LPD that this could trigger
this ordinance.

Mr. Smith suggested: another sentence. “Calls for service initiated by


the licensee that exceed the existing city services at the premises shall
not count toward incidences that trigger written warnings.”

The legislative intent is that the ordinance is to provide fuller services


with team officers to the specific area.

Charles Ford recommended that Council not build in an ordinance like


this because it could be vague and short sighted. There is already
something in place. Other jurisdictions are trying to reduce this type of
ordinances to make it more beneficial for businesses to come into the
City. He asked that the City not rush into this kind of ordinance. He
would like a lot of time and considering before something is done. He
commented about a beneficial meeting with the City Attorney. They
were talking about this being a joint effort on what could be done to
help each other. Everyone has their own situation. He would like to
have an opportunity to work with the City and Police Department along
with the Venue.

Mr. Smith stated that the meeting was productive. There was reference
to Cascarilla’s at another meeting and that this information will be
provided to the Committee. Mr. Ford urged the Committee work with
the Venue and fashion an agreement that everyone can work with.

Councilmember Hewitt commented on the expectation of this


ordinance. He voiced concern about depleting our force when police
have to go to an establishment, which could lead to not having officers
available to go to another emergency. This is not a normal routine.
There are many establishments that have a cabaret license that we do
not have to have need for extra patrol officers to help keep the peace.
Councilmember Hewitt provided a scenario demonstrating the

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responsibility of a business that decides to hold a large event and their
responsibility to make sure that there is a safe environment for the
people who attend.

There was discussion on the responsibilities of the club as opposed to


the City. Mr. Ford suggested developing a new standard. He felt that
there could be a better way to work things out. He indicated that they
are on the same page as the City. The Venue does not want these
incidents to happen. He wants to work out something and examine and
determine a way to keep an establishment that brings 600 people to
an event in the City. He believes the current ordinance stands on its
own. He does not believe the proposed ordinance addresses the last
three incidences at the Venue.

Councilmember Allen requested that Law come up with anther draft


that incorporates the recommendations of the Committee and then
work from there.

Mr. Ford stated that if the ordinance goes through, he would not
recommend his client to come in and work out anything more.

Mr. Smith stated that it is his hope that they could come to an
agreement on the Venue.

Councilmember Wood indicted during one meeting Germaine Redding


stated that they wanted to pay for police services, but the Committee
felt that there should be an alternative means. The ordinance is to
provide a mechanism to recoup costs for services that are extra
ordinary. We do not want to get into “rent a cop”.

Mr. Smith indicated that the ordinance is separate from an agreement


with the Venue. If they work from an agreement established between
the City and The Venue, and The Venue is meeting all of the
agreements, it would not implement the ordinance. The agreement will
be between Law and the Venue’s attorney.

Councilmember Hewitt suggested that the City look into providing a


mechanism that could be used to control an establishment negatively
impacting the surrounding neighborhood.

Mr. Smith reported that they are working group on FOIA and should be
ready for December 4th.

ADJOURN
The meeting was adjourned at 4:58 p.m.

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Submitted by,
Terese Horn
Recording Secretary
Lansing City Council
Approved by the Committee on __________________.
Appropriate documents attached to original set of minutes.

MINUTES
Committee on Public Safety
Tuesday, January 19, 2010
12:30 p.m.
Tenth Floor Council Chambers
City Hall

CALL TO ORDER

The meeting called to order at 12:46 p.m.

ROLL CALL

Councilmember Carol Wood, Chair


Councilmember Eric Hewitt, Vice Chair
Councilmember Jessica Yorko, Member

OTHERS PRESENT

Diana Bitely, Council Staff


Mitch Whisler, Code Compliance

PUBLIC COMMENT ON AGENDA ITEMS

None.

APPROVAL OF MINUTES

COUNCILMEMBER WOOD MADE A MOTION TO APPROVE THE MINUTES OF


THE DECEMBER 9, AND DECEMBER 16, 2009 COMMITTEES, AS SUBMITTED.
MOTION CARRIED, 2-0.

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DISCUSSION/ACTION

Appointment of Scott Schultz to the Lansing Community Corrections Advisory Board

COUNCILMEMBER YORKO MADE A MOTION TO CONFIRM THE APPOINTMENT


OF SCOTT SCHULTZ TO THE INGHAM COUNTY/LANSING COMMUNITY
CORRECTIONS ADVISORY BOARD FOR A TERM TO EXPIRE SEPTEMBER 17,
2012. MOTION CARRIED, 2-0.

Discussion on the FOIA Policy

Pending until Tuesday, January 26, 2010.

Traffic Control Order – Biltmore Street and Greenoak Avenue

Mr. Whisler reported on the particulars of the Traffic Control Order request for Biltmore Street
and Greenoak for a stop sign on Biltmore at Greenoak Avenue.

COUNCILMEMBER YORKO MADE A MOTION TO APPROVE THE TRAFFIC


CONTROL ORDER FOR BILTMORE STREET AND GREENOAK AVENUE. MOTION
CARRIED, 2-0.

Traffic Control Order – Hyland Street and Westmoreland Avenue

Mr. Whisler reported on the particulars of the Traffic Control Order. The Transportation
Engineer recommends that existing yield signs be upgraded to stop signs at this intersection.

COUNCILMEMBER YORKO MADE A MOTION TO APPROVE TRAFFIC CONTROL


ORDER AT THE INTERSECTION OF HYLAND STREET AND WESTMORELAND
AVENUE. MOTION CARRIED, 2-0.

Traffic Control Order – Gary Avenue and Randolph Street

Mr. Whisler reported on the particulars of the Traffic Control Order 09-053. Recommends
installation of a stop sign on Randolph at Gary Avenue

COUNCILMEMBER YORKO MADE A MOTION TO APPROVE TRAFFIC CONTROL


ORDER FOR GARY AVENUE AND RANDOLPH STREET. MOTION CARRIED, 2-0.

Traffic Control Order – Belair Drive and Lewton Place

Mr. Whisler reported on the particulars of the Traffic Control Order. Lansing School District
requested traffic calming.

COUNCILMEMBER YORKO MADE A MOTION TO APPROVE TRAFFIC CONTROL


ORDER FOR BELAIR DRIVE AND LEWTON PLACE. MOTION CARRIED, 2-0.

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Traffic Control Order – Continental Drive and Malibu Drive

Mr. Whisler reported on the particulars of the traffic control order. Recommend a stop sign on
Continental at Malibu.

COUNCILMEMBER YORKO MADE A MOTION TO APPROVE TRAFFIC CONTROL


ORDER FOR CONTINENTAL DRIVE AND MALIBU DRIVE. MOTION CARRIED, 2-
0.

Councilmember Wood requested that they look at Hillsdale, Cherry has a yield sign up there now,
and there are reports from the neighbors that the signs are being ignored.

Mr. Whisler reported that there are eight items left on the pending board that will be coming
forward in the next week to get them up to date on traffic control orders.

Proposed Zoning Ordinance Amendments – Cabaret Parking

Pending until the Tuesday, January 26, 2010 meeting.

PENDING

Fireworks Ordinance
Noise Ordinance
Underground Storage Tanks Regulations EPA Funding Grants – Eric Hewitt and new Chairperson
Update on Motor Carrier Ordinance Procedures – Final Draft for Approval
Walter Brown U of M and MSU– Surveillance Cameras

ADJOURN

The meeting adjourned at 1:03 pm.


Submitted by,
Diana Bitely
Recording Secretary
Lansing City Council
Approved by the Committee on __________________.

PENDING

Appropriate documents attached to original set of minutes.

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