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Committee on General Services

Regular Meeting

Lansing, MI · October 14, 2019

AgendaMinutes

Minutes

MINUTES Committee on General Services Monday, October 14, 2019 @ 8:00 a.m. City Council Conference Room, City Hall 10th Floor CALL TO ORDER The meeting called to order at 8:01 a.m. ROLL CALL Council Member Jody Washington, Chair Council Member Brian T. Jackson, Vice Chair Council Member Carol Wood, Member- excused OTHERS PRESENT Sherrie Boak, Council Office Manager Lisa Hagen, Assistant City Attorney/ Council Research Assistant Lynne Puente, Code Compliance Gayle Miller Heather Sumner, Deputy City Attorney Eric Brewer, Council Internal Auditor Minutes MOTION BY COUNCIL MEMBER JACKSON TO APPROVE THE MINUTES FROM SEPTEMBER 30, 2019 AS PRESENTED. MOTION CARRIED 2-0. Public Comment on Agenda Items No comments at this time. Discussion/Action: RESOLUTION –Claim #1708; Gayle Miller; 2705 Gibson; $558.40 Ms. Puente acknowledged a conversation with the code officer who charged the fine, and informed her that it appeared on site that the door was kicked in. The LPD contacted Code Compliance at 7 pm on 4/26/2019; and the policy is that when LPD calls Code they immediately call the Board-Up Crew for immediate safety. LPD stays on site until the Board-Up crew arrives, and once it is secured, they do not leave any notes on the door. Council Member Jackson asked if Code attempts to call the owner at the same time. Ms. Puente admitted that there is not always a phone number readily available or even on file, so their policy is for an immediate call to the Board-Up crew, then the Code Officer meets LPD at site and waits until the Board-Up crew arrives. Ms. Miller appealed the claim and fines, in addition to acknowledging they have other rentals in the City that they maintain, have licensed and registered. She admitted that in this case, the door was damaged prior to this tenant and it was repaired poorly, which caused the doorplate to fall off and the door not stay securely closed. She appealed for Code to contact the owners and in her case; she believed she or her handy man could have been on site in 10 minutes. Ms. Miller appealed for a reduction or waiving of the fee and asked the Committee to correct the policy to inform owners to address it before a cost is incurred. A question was then asked, if the owner gave permission, if once they are notified the Code office and LPD can leave the property. Ms. Puente stated the City would not do that because there have been situations in the past where a structure was left open and it attracts people who want to steal items in the house or even the copper and metal. Ms. Miller than asked what the $200 title search charge was, and Ms. Puente clarified it was the Administrative fee, which includes Code, LPD, paperwork and administrative duties applied to the claim. The Committee and Ms. Miller spoke about the situation that caused the Board-Up crew to be on site, costs, and the repair of the door that caused Code to call to the property. Mr. Brewer acknowledged the claim was before the Claims Review Committee on July 25, 2019 and based in the same information they denied the claim in full. MOTION BY COUNCIL MEMBER JACKSON TO REDUCE THE FINE BY $200 FOR THE CLAIM AT 2705 GIBSON. Council Member Washington stated her opposition and the support for code compliance when a violation is evident, that the property itself is being taken care and the cause is not tenant or property owner created. Ms. Miller again objected to the violation. MOTION CARRIED 2-0. Other: o Michigan Liquor Control Commission; Transfer License with Sunday Sales, Outdoor Service, Catering Bars and Dance-Entertainment from 7786 E. US 10, Walhalla to 419 Spring Street, Lansing. Transfer Governmental Unit from Branch Twp., Mason County to Lansing City, Ingham County (Pending Application) Adjourned Adjourned at 8:14 a.m. Submitted by Sherrie Boak, Office Manager, Lansing City Council Approved by the Committee on October 28, 2019

Agenda

AGENDA Committee on General Services Monday, October 14, 2019 @ 8:00 a.m. City Council Conference Room, City Hall 10th Floor Councilmember Jody Washington, Chair Councilmember Brian T. Jackson, Vice Chair Councilmember Carol Wood, Member 1. Call to Order 2. Approval of Minutes:  September 30, 2019 3. Public Comment on Agenda Items 4. Discussion/Action: A.) RESOLUTION –Claim #1708; Gayle Miller; 2705 Gibson; $558.40 5. Other: o Michigan Liquor Control Commission; Transfer License with Sunday Sales, Outdoor Service, Catering Bars and Dance-Entertainment from 7786 E. US 10, Walhalla to 419 Spring Street, Lansing. Transfer Governmental Unit from Branch Twp., Mason County to Lansing City, Ingham County (Pending Application) Place on File o Michigan Liquor Control Commission; Transfer Ownership of a SDD and SDM License with Sunday Sales; RID #RQ-1908-13332, SBR M99 Inc., Motor Vehicle Pumps for 5016 S Martin Luther King Jr. Blvd. 6. Adjourn DRAFT MINUTES Committee on General Services Special Meeting Monday, September 30, 2019 @ 5:00 p.m. City Council Conference Room, City Hall 10th Floor CALL TO ORDER The meeting called to order at 5:00 p.m. ROLL CALL Council Member Jody Washington, Chair Council Member Brian T. Jackson, Vice Chair Council Member Carol Wood, Member OTHERS PRESENT Sherrie Boak, Council Office Manager Lisa Hagen, Assistant City Attorney/Council Research Assistant Jim Smiertka, City Attorney Andy Kilpatrick, Public Service Director Christopher Stralkowski, Red Cedar Jason Hockestale, Red Cedar Michael Brown, Attorney for Red Cedar Heather Sumner, Deputy City Attorney Council Member Spadafore - arrived at 5:10 p.m. Minutes MOTION BY COUNCIL MEMBER WOOD TO APPROVE THE MINUTES FROM SEPTEMBER 23, 2019 AS PRESENTED. MOTION CARRIED 3-0. Public Comment on Agenda Items No comments at this time. Discussion/Action: RESOLUTION – Objection to Issuance of the SDM License for Rite Aid of Michigan, 1004 E. Michigan Avenue, Lansing MI 48912 Mr. Brown with Carl, Edwards and Brown, representing as the Rite Aid Counsel, stated his opinion that the Council had a misunderstanding of what was “agreed” to in previous years, and believes they store has the right to request the license for the Special DRAFT Designated Merchant (SDM). To his knowledge, Mr. Brown stated Rite Aid does not have any written document that stated they would never apply for a SDM License. The belief is that when this location moved from Washington Square they did apply, but because of the opposition at the time they withdrew and only applied for the Special Designation Distributor (SDD) and in 1999 withdrew the application because of the concerns raised by the churches and the proximity to the schools. Council Member Washington noted for Mr. Brown that even though Eastern is no longer active there still other churches and day cares in the area. Council Member Wood acknowledged Mr. Brown for his recollection, and noted that she was present when the first license was applied for and to her recollection it was a verbal agreement because there were churches, schools, and neighborhoods that were all concerned at that location. At this time, it was brought to Council Members attention that there has been no discussion with those surrounding uses and they are still concerned with another alcohol establishment in that area of the City. In particular, Council Member Wood referenced an email from the East Side Neighborhood Association, and Council Member Washington added she has also heard from the Green Oaks Neighborhood verbally who were opposed. Council Member Jackson asked Mr. Brown if this was changing the status of the business or if they were just asking for what they did not pursue when Eastern was there. Mr. Brown clarified that they never did ask for the SDM License that request was withdrawn, but they do not have a SDD License either. Council Member Wood added to the conversation that the agreement at the time was a gentlemen’s agreement to not have “any alochol” at the time. Council Member Jackson then asked if there was going to be any neighborhood input. Council Member Washington clarified this does not required a public hearing, but a draft resolution to the State was in the packet for adoption. Mr. Brown was asked when the hearing at the State was set for, and stated that currently there is no date; the State was waiting on a response from the City based on the letter Council Member Washington sent in opposition. Council Member Wood recommended that Mr. Brown and Rite Aid hold a meeting with the community to see if they voice their same objections, before Council acts on this resolution. Mr. Brown agreed and Council Member Washington stated she would provide his contact information for Nancy Mahlow for a neighborhood meeting within the next couple weeks. Council Member Jackson suggested that Rite Aid representatives attend the meeting as well to provide an opinion of support for the license. Council Member Washington assured Mr. Brown that after the neighborhood meeting, if she needs to write a second letter to the State she will. RESOLUTION -Noise Waiver-Red Cedar Development Mr. Stralkowski and Mr. Hockestale had updates or additional information for the Committee. Council Member Washington informed the Committee and public that after discussions with the developers and based on the last meeting, she was proposing the recent “substitute” resolution with the following changes: WHEREAS, the developer is requesting a waiver of the noise ordinance to work 7 am to 7 pm Monday through Saturday and 8 am to 5 pm on Sunday, from October DRAFT 1 through the end of November 30, 2019 to perform the earthwork needed to prepare the building pads; and WHEREAS, the developer is also requesting a waiver of the noise ordinance to allow work on weekdays, including holidays from 7 am to 7 pm and on Saturdays from 8 am to 5 pm beginning December 1, 2019 for the duration of the project to permit timely completion of the overall project; and WHEREAS, based on the public comment Continental/Ferguson Lansing, LLC modified their request with the understanding if need is demonstrated in the future they can request to City Council additional waivers; and MOTION BY COUNCIL MEMBER WOOD TO APPROVE THE SUBSTITUTE RESOLUTION FOR THE NOISE WAIVER FOR THE RED CEDAR DEVELOPMENT. MOTION CARRIED 3-0. Adjourned Adjourned at 5:17 p.m. Submitted by Sherrie Boak, Office Manager, Lansing City Council Approved by the Committee on ___________________ Claim #1708 2705 Gibson $558.40 Incident Date (per claim application) – 4/26/2019 Incident Date (per Code Report) – 4/26/2019 Taxes- Not yet applied to tax bill Filed Claim – 05/15/2019 Claims Review Committee Hearing – 07/25/2019 Claims Review Committee Letter – 07/25/2019 Referred to City Council – 08/12/2019 Referred to Committee on General Services – 09/23/2019 97# 2705 GIBSON ST LANSING, MI 48911 (Property Address) Parcel Number: 33-01-01-31-227-001 Property Owner: K & M GROUP 6 LLC Summary Information > Residential Building Summary > Assessed Value: $40,500 | Taxable Value: $33,116 - Year Built: 1965 - Bedrooms: 0 > Property Tax information found - Full Baths: 1 - Half Baths: 1 > 7 Building Department records found - Sq. Feet: 1,058 - Acres: 0.302 Item 1 of 3 1 Image / 2 Sketches Owner and Taxpayer Information Owner K & M GROUP 6 LLC Taxpayer SEE OWNER INFORMATION 9395 TAFT RD OVID, MI 48866-9731 General Information for Tax Year 2019 Property Class RESIDENTIAL – IMPROVED Unit 33 CITY OF LANSING - INGHAM School District LANSING Assessed Value $40,500 MAP # P -0216 -0060 Taxable Value $33,116 TOP TEN Not Available State Equalized Value $40,500 NEW PERMITS Not Available Date of Last Name Change 06/03/2014 USER ALPHA 3 Not Available Notes Not Available Historical District Not Available Census Block Group Not Available TYPE CODE Not Available Exemption No Data to Display Principal Residence Exemption Information Homestead Date 12/30/1997 Principal Residence Exemption June 1st Final 2019 0.0000 % 0.0000 % Previous Year Information Year MBOR Assessed Final SEV Final Taxable 2018 $35,900 $35,900 $32,340 2017 $35,700 $35,700 $31,675 2016 $32,100 $32,100 $31,393 Land Information Zoning Code Not Available Total Acres 0.302 Land Value $17,600 Land Improvements $53 Renaissance Zone No Renaissance Zone Expiration Date No Data to Display ECF Neighborhood 46E Mortgage Code No Data to Display Lot Dimensions/Comments No Data to Display Neighborhood Enterprise Zone No Lot(s) Frontage Depth Lot 1 23.00 ft 222.00 ft Lot 2 37.00 ft 217.00 ft Total Frontage: 60.00 ft Average Depth: 219.50 ft Legal Description LOT 28 BLUEBERRY RIDGE SUB Sale History Sale Date Sale Price Instrument Grantor Grantee Terms of Sale Liber/Page 04/15/2014 $0.00 WD MILLER GAYLE K & M GROUP 6 LLC CASH 2014 019207 10/16/2013 $28,501.00 CD MILLER GAYLE 1ST SALE AFTER BANK 2013 049281 Sale Date Sale Price Instrument Grantor Grantee Terms of Sale Liber/Page FEDERAL NATIONAL MORTGAGE ASSOC 12/10/2012 $1.00 QC GMAC MORTGAGE L L C FEDERAL NATIONAL OTHER 2012 053368 MORTGAGE ASSOC 08/09/2012 $49,887.00 SD HALL ARTHUR / GMAC MORTGAGE L L C OTHER 2012 034913 SHERIFF'S SALE Building Information - 1058 sq ft 1 STY (Residential) General Floor Area 1,058 sq ft Estimated TCV Not Available Garage Area 380 sq ft Basement Area 1,038 sq ft Foundation Size 1,038 sq ft Year Built 1965 Year Remodeled Not Available Occupancy Single Family Class D Effective Age 54 yrs Tri-Level No Percent Complete 100% Heat Forced Air w/ Ducts AC w/Separate Ducts No Wood Stove Add-on No Basement Rooms 0 Water Not Available 1st Floor Rooms 0 Sewer Not Available 2nd Floor Rooms 0 Style 1 STY Bedrooms 0 Area Detail - Basic Building Areas Height Foundation Exterior Area Heated 1 Story Basement Siding 1,038 sq ft 1 Story Area Detail - Overhangs Area Story Height Exterior Included in Size for Rates 20 sq ft 1 Story Siding 1 Basement Finish Recreation 0 sq ft Recreation % Good 0% Living Area 0 sq ft Living Area % Good 0% Walk Out Doors 0 No Concrete Floor Area 0 sq ft Plumbing Information 3 Fixture Bath 1 2 Fixture Bath 1 Built-In Information Garbage Disposal 1 Unvented Hood 1 Garage Information Area 380 sq ft Exterior Brick Foundation 42 Inch Common Wall 1.5 Wall Year Built 1965 Finished Yes Auto Doors 0 Mech Doors 0 **Disclaimer: BS&A Software provides BS&A Online as a way for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality if you believe there are errors in the data. Copyright © 2019 BS&A Software, Inc. ;9%E STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR DIRECTOR LANSING January 9, 2019 John Simmons c/o Simmons Properties, LLC info@glelevators.com RID # 1901-00057 Reference/Transaction: Transfer Location 2018 Resort Class C & SDM License With Sunday Sales Permit (AM), Sunday Sales Permit (PM), Outdoor Service (1 Area), Catering Permit, (2) Bars And Dance-Entertainment Permit, (Original 550 Resort License, Not At Its Original Location, Must Meet Seating And Food Requirements) From 7786 E Us 10, Walhalla To 419 Spring St, Lansing And Transfer Governmental Unit From Branch Twp, Mason County To Lansing City, Ingham County Please let this letter serve as notice the Michigan Liquor Control Commission has referred your application to our Enforcement Division for investigation of your request. Applicant/Licensee: Simmons Properties, LLC Business address and phone number: 419 Spring St, Lansing MI 48912, Ingham County Home address and phone number of partner(s)/subordinates: As part of the licensing process, an investigation is required by the Michigan Liquor Control Commission Enforcement Division. The Enforcement investigation will be conducted from the following designated District Office: Lansing District Office (866) 813-0011 You may contact your designated District Office regarding any appointments or questions on documentation requested by the Investigator. Failure to provide requested information or to keep scheduled appointments will cause the application to be returned to the Lansing office for cancellation. Since this request is a transfer under MCL 436.1529(1), approval of the local unit of government is not required. However, a copy of this notice is also being provided to Local Governmental Unit should they wish to submit an opinion on the application or advise of any local non-compliance issues. Under administrative rule R 436.1105, the Commission shall consider the opinions of the local residents, local legislative body, or local law enforcement agency with regard to the proposed business when determining whether an applicant may be issued a license or permit. Under administrative rule R 436.1003, the licensee shall comply with all state and local building, plumbing, zoning, sanitation, and health laws, rules, and ordinances as determined by the state and local law enforcements officials who have jurisdiction over the licensee. The licensee must obtain all other required state and local licenses, permits, and approvals before using this license for the sale of alcoholic liquor. Approval of this license by the Michigan Liquor Control Commission does not waive any of these requirements. MICHIGAN LIQUOR CONTROL COMMISSION Retail Licensing Division (866) 813-0011 cc: Lansing City Clerk MICHIGAN LIQUOR CONTROL COMMISSION ANDREW J. DELONEY, CHAIRMAN 525 W. Allegan St. x P.O. BOX 30005 x LANSING, MICHIGAN 48909 www.michigan.gov/lcc x 866-813-0011 97# STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR DIRECTOR LANSING Friday, September 27, 2019 SBR M99 Inc. C/O G. Sal Gani, Attorney sal@ganilaw.com RID # RQ-1908-13332 Reference/Transaction: Transfer ownership of SDD and SDM Licenses with Sunday Sales (AM & PM) Permits, Motor Vehicle Pumps issued under MCL 436.1541(1) with $250,000 Food & HBA & 50’ (Building) Please let this letter serve as notice the Michigan Liquor Control Commission has referred your application to our Enforcement Division for investigation of your request. Applicant/Licensee: SBR M99 Inc. Business address and phone number: 5016 S Martin Luther King Jr Blvd, Lansing, MI 48910 Home address and phone number of partner(s)/subordinates: Sukhwinder Kaur, 5207 Fairbanks, Lansing, MI 48917, C: 517-944-0947 As part of the licensing process, an investigation is required by the Michigan Liquor Control Commission Enforcement Division. The Enforcement investigation will be conducted from the following designated District Office: Lansing District Office (866) 813-0011 You may contact your designated District Office regarding any appointments or questions on documentation requested by the Investigator. Failure to provide requested information or to keep scheduled appointments will cause the application to be returned to the Lansing office for cancellation. Since this request is a transfer under MCL 436.1529(1), approval of the local unit of government is not required. However, a copy of this notice is also being provided to Local Governmental Unit should they wish to submit an opinion on the application or advise of any local non-compliance issues. Under administrative rule R 436.1105, the Commission shall consider the opinions of the local residents, local legislative body, or local law enforcement agency with regard to the proposed business when determining whether an applicant may be issued a license or permit. Under administrative rule R 436.1003, the licensee shall comply with all state and local building, plumbing, zoning, sanitation, and health laws, rules, and ordinances as determined by the state and local law enforcements officials who have jurisdiction over the licensee. The licensee must obtain all other required state and local licenses, permits, and approvals before using this license for the sale of alcoholic liquor. Approval of this license by the Michigan Liquor Control Commission does not waive any of these requirements. MICHIGAN LIQUOR CONTROL COMMISSION Retail Licensing Division (866) 813-0011 SR MICHIGAN LIQUOR CONTROL COMMISSION PAT GAGLIARDI, CHAIRMAN 525 W. Allegan St. • P.O. BOX 30005 • LANSING, MICHIGAN 48909 www.michigan.gov/lcc • 866-813-0011