Committee on General Services

AGENDA Committee on General Services Tuesday, September 22, 2020 @ 3:30 p.m. https://us02web.zoom.us/j/89795198501 ; ID: 897 9519 8501; Dial In: (312) 626 6799 US email comments prior to the meeting to sherrie.boak@lansingmi.gov Councilmember Hussain, Chair Councilmember Wood, Vice Chair Councilmember Garza, Member 1. Call to Order 2. Approval of Minutes:  September 8, 2020 3. Public Comment on Agenda Items 4. Discussion/Action: A.) RESOLUTION- Boards/Commissions Annual Trainings 5. Other a. 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) b. Michigan Liquor Control Commission; RID#RZ-1908-14021; Board of Trustees, Michigan State University, request to transfer of ownership of Escrowed 2019 Class C Licensed Business with Sunday Sales Permit (P.M.), Entertainment Permit and Sunday Sales Permit (A.M.) from HOA Restaurant Holder; transfer location from 172 E Edgewood Blvd., new Additional Bar Permit for a total of 2 bars, new outdoor service area; new specific purpose permit (golf), transfer classification from Class C License issued under MCL 436.1531 to Class C License issued under MCL436.1513(4) (non- transferable) at 3535 Forest Road, Suite C88A (Pending Application) c. RID #RQ-2007-09450; New SDM License Issued under MCL 436.1533(5) at 621 E Michigan Avenue, Batter Up LLC (Pending Application) 6. Adjourn With Executive Order 2020-4, Governor Whitmer declared a statewide State of Emergency due to the spread of the novel coronavirus (COVID-19). To mitigate the spread of COVID-19 and to provide essential protections to vulnerable Michiganders and this State’s health care system and other critical infrastructure, it is crucial that all Michiganders take steps to-limit in-person contact, particularly in the context of large groups. Therefore, the above meetings will be conducted via audio/video conference. The meetings are being held electronically in accordance with the Open Meetings Act in an effort to protect the health and safety of the public. Members of the public wishing to participate in the meeting may do so by logging into or calling into the meetings using the website or phone number above, and meeting ID provided. Michigan Executive Order 2020-154 provides temporary authorization of remote participation in public meetings and hearings. Persons with disabilities who need an accommodation to fully participate in these meetings should contact the City Council Office at 517-483-4177 (TTY 711) 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests.  DRAFT MINUTES Committee on General Services Tuesday, September 8, 2020 @ 3:30 p.m. https://us02web.zoom.us/j/81039345685; ID: 810 3934 5685; Dial In: (646)876-9923 CALL TO ORDER The meeting called to order at 3:31 p.m. via zoom. ROLL CALL via Zoom Council Member Hussain, Chair Council Member Wood, Vice Chair Council Member Garza, Member OTHERS PRESENT via ZOOM Sherrie Boak, Council Office Manager Lisa Hagen, Assistant City Attorney/Council Research Assistant Heather Sumner, OCA Greg Venker, Assistant City Attorney Cheryl Tennis Marc Jones, Department of Public Service Minutes MOTION BY COUNCIL MEMBER WOOD TO APPROVE THE MINUTES FROM AUGUST 25, 2020 AS PRESENTED. ROLL CALL VOTE, MOTION CARRIED 3-0. Public Comment on Agenda Items No public comment at this time. Discussion/Action: RESOLUTION – Appointment, C. Tennis; At Large Member; Human Relations & Community Services Board; Term to Expire June 30, 2024 Council Member Hussain confirmed the Committee recently appointed members to fill the 1 st and 3rd Ward positions, and this position would replace a vacancy left by Abbey Frazier. Ms. Tennis introduced herself and provided a brief summary of her experience and what her role would mean to this appointment. Ms. Tennis informed the Committee she holds a career as a social worker, likes to address inequalities and through this new role on the Board she thought it would be a good opportunity to help the residents of Lansing. Council Member Wood asked her what her plans were to reach out to the community. Ms. Tennis stated she intended to attend neighborhood meetings and was also intending to create business cards with her role on this Board. Council Member Wood encouraged her to also attend the monthly Ward meetings. Council Member Garza referenced her application, and asked her what her vision  DRAFT would be for that board and what she would like to accomplish. Ms. Tennis replied that the community needs people who will help bring them together and they need resources. With her experience with CMH as a social worker she has had the experience with people who do not know where to go or who to call. She is hoping to help them on a personal lever. Lastly she noted she is familiar with Julie Rowe, and hopes to work with her on mentoring for this Board. MOTION BY COUNCIL MEMBER WOOD TO APPROVE THE RESOLUTION FOR THE APPOINTMENT OF CHERYL TENNIS TO THE HRCS BOARD. ROLL CALL VOTE, MOTION CARRIED 3-0. RESOLUTION – Noise Waiver; Willard Avenue Pump Station (Hearing & Action 9/14) Council Member Hussain noted the public hearing is set for September 14, 2020, but Council has been asked to take action the same night so the contractor can start as soon as September 19, 2020. He then noted that at the last Committee meeting when they set the public hearing, there were concerns on contractors currently starting before 7 am and the Committee asked that the contractor or City staff create door tags to be used the day before every weekend worked. Council Member Hussain noted that recently the staff had received word the contractor was looking for one more week in the waiver. Mr. Jones confirmed the contractor has had some unforeseen complications with vandalism, which caused a delay. So at this time they are asking for additional week ending on October 25, 2020. Also, since the initial request, with this delay they will be working every Saturday. Mr. Jones confirmed they will still place the door hangers on Friday, but they might amend the language to state it will be every Saturday through October 25th. Lastly Mr. Jones confirmed that the notice did get mailed out to the 40 effected properties, and it was not specific to dates so this change to October 25, 2020 should not affect the public hearing. Council Member Hussain asked if Mr. Jones had spoken to the contractor about not starting before 7 am, at which Mr. Jones confirmed he had spoken to them, but wanted it known there is a by-pass pump that runs continuously. Council Member Wood asked if the dates for the waiver are listed in the public hearing notice, if they would have to re-notice. Mr. Venker stated the ordinance did not specify but he would have to look at the notice. Mr. Venker was referred to the document in the packet, and then noted that if the City is the applicant the Mayor cannot grant any extensions because they can only be granted for non-profits. Council Member Wood asked if there was an issue if the notice did not list the dates, and they need to work on Sundays. Mr. Jones confirmed they will only work on Sundays in case of emergencies. Council Member Garza asked who the contractor was and was told Hoffman Brothers. Council Member Hussain clarified for the Committee and OCA the notice for the hearing did not list the dates of the actual noise waiver, but the date of the hearing. Mr. Venker confirmed the ordinance did not state the dates of the waiver had to be listed. Council Member Wood asked Ms. Boak, to reach out to the City Clerk to see how the notice was publishes. Ms. Boak, stated that the noise waiver public hearing notice is not required to be published just mailed out to the effected residents 12 days prior. MOTION BY COUNCIL MEMBER WOOD TO APPROVE THE RESOLUTION FOR THE NOISE WAIVER, PENDING THERE ARE NOT PUBLIC COMMENTS AT THE PUBLIC HEARING ON 9/14/2020 THAT WOULD CAUSE THE WAIVER NOT TO BE ISSUED. ROLL CALL VOTE, MOTION CARRIED 3-0.  DRAFT RESOLUTION- Boards/Commissions Annual Trainings Council Member Hussain recapped at the last meeting the resolution was not acted on by Committee because it was unclear if it was enforceable, and if there could be standards set that if a member does not participate in the annual training if they could be removed or suspended. That meeting also requested a clause be placed in it saying that upon passage it would be transmitted to all Boards and Commission. Ms. Hagen stated she had not done the amendments, but confirmed they could add the clause on transmitting, did confirm with the OCA that if a member does not complete training they cannot be removed. A member can only be removed for cause. Regarding suspending a member, it would have to be listed in all the boards individual by laws, rules or procedures. Council Member Wood asked that the OCA also add a recommendation that all Boards and Commissions amend their rules to address the annual training. The OCA was asked to amend the resolution by the September 22, 2020 meeting for Committee action. If they have any issues they were directed to contact Council Member Hussain directly. DISCUSSION – Fiscal Year 2021/2022 Budget Priorities Council Member Hussain asked for input from the Committee on items to add. Council Member Wood suggested $5,000 for training modules for the OCA to utilize for the Boards and Commissions. Council Member Hussain asked Mr. Venker if the OCA had any input on that suggestion or amount, and he stated he would have to report back. Council Member Garza had no comments at this time. Council Member Hussain asked the Committee to forward any additional suggestions to the Office Manager for full Council discussion. Council Member Wood suggested additional funds to be added for each department to continue providing written materials for the public. Other: Regarding item h., Council Member Hussain stated he spoke to LPD Chief Green who confirmed they have not received any complaints on a violation of the suspensions. An additional question to the Chief on who from LPD follows up with the business has not been responded back yet, and Council Member Hussain stated he would report the Committee once he heard back. a. 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) b. Michigan Liquor Control Commission; RID#RZ-1908-14021; Board of Trustees, Michigan State University, request to transfer of ownership of Escrowed 2019 Class C Licensed Business with Sunday Sales Permit (P.M.), Entertainment Permit and Sunday Sales Permit (A.M.) from HOA Restaurant Holder; transfer location from 172 E Edgewood Blvd., new Additional Bar Permit for a total of 2 bars, new outdoor service area; new specific purpose permit (golf), transfer classification from Class C License issued under MCL 436.1531 to Class C License issued under MCL436.1513(4) (non-transferable) at 3535 Forest Road, Suite C88A (Pending Application) c. Michigan Liquor Control Commission; Transfer of Ownership 2019 SDD & SDM License; Sunday Sales (AM) and Sunday Sales Permit (PM) from Ransom’s Food Center, Inc. 1001 S. Clinton Street, Stockbridge to 6030 S. Pennsylvania Avenue, Suite 11 Lansing. Transfer Governmental Unit under MCL 436.1531(18) from Stockbridge Village to Lansing City (Per Clerk no City action required)  DRAFT d. Michigan Liquor Control Commission; Request ID RQ-2004-05970 for a new SDM License Issued Under MCL 436.1533(5), New Sunday Sales Permit (AM) at 1625 West Mount Hope Avenue, Lansing (Per Clerk no City action required) e. RID #RQ-2003-05076; Ozone’s Brew house, LLC Application for a New Small Wine Maker License at 305 Beaver Street (Per Clerk no City action required) f. RIS #RQ-2006-07987; Lansing Entertainment and Public Facilities Authority & City of Lansing, application for a New SDM License issued under MCL 436.1533(5)(A), Non-Transferable at 1600 Ormond St. (Groesbeck Golf Course)(Per Clerk no City action required) g. RID #RQ-2007-09450; New SDM License Issued under MCL 436.1533(5) at 621 E Michigan Avenue, Batter Up LLC (Pending Application) h. NOTICE – Michigan Liquor Control Commission Penalty Hearing; Macho’s Party Store at 5101 S Pennsylvania; One Month Suspension effective 8/28/2020. (Referred to LPD and Place on File) Adjourned Adjourned at 4:26 p.m. Submitted by Sherrie Boak, Office Manager, Lansing City Council Approved by the Committee on ___________________  Draft #3 09/15/2020 RESOLUTION #___________ BY THE COMMITTEE ON GENERAL SERVICES RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING WHEREAS, the City of Lansing has various boards and commissions that are either advisory or have decision making authority; and WHEREAS, all City boards and commissions are subject to the City of Lansing ethics ordinance, conflict of interest policies, and hold meetings that may be subject to the Open Meetings Act, 15.261 et seq; NOW, THEREFORE, BE IT RESOLVED that, on an annual basis, every member of a board or commission authorized by city ordinance or the city charter shall obtain training on the ethics ordinance, conflicts of interest, and the Open Meetings Act; BE IT FURTHER RESOLVED that a new appointee to a board or commission must complete the above training within sixty (60) days of their appointment; BE IT FURTHER RESOLVED that the Office of the City Attorney shall coordinate such training, and it may take place in person, or via alternative method, at the discretion of the City Attorney; BE IT FURTHER RESOLVED that once the annual training is completed by a board or commission member, record of such completion shall be maintained by the City Clerk; BE IT FURTHER RESOLVED that each year, at the time the budget is passed, a resolution reaffirming this annual training requirement shall be presented to Lansing City Council for its consideration; BE IT FURTHER RESOLVED that once passed by Lansing City Council, the City Clerk shall transmit a copy of this resolution to the secretary of each board and/or commission in the City, so as to notify them of this new training requirement; BE IT FURTHER RESOLVED that each board and commission authorized by city ordinance or the city charter should consider modifying its rules of procedure to address the annual training requirements and issues such as allowing for the suspension of duties of a member if the annual training is not completed; BE IT FINALLY RESOLVED that this annual training requirement shall go into effect 30 days after the passage of this resolution by Lansing City Council.  ;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
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 STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR DIRECTOR LANSING Thursday, September 26, 2019 Michael J. Brown, Attorney C/O BOARD OF TRUSTEES, MICHIGAN STATE UNIVERSITY mbrown@cebhlaw.com RID # RQ-1908-14021 Reference/Transaction: TRANSFER OWNERSHIP ESCROWED 2019 CLASS C LICENSED BUSINESS WITH SUNDAY SALES PERMIT (PM), ENTERTAINMENT PERMIT, AND SUNDAY SALES PERMIT (AM) FROM HOA RESTAURANT HOLDER, LLC (A DELAWARE LIMITED LIABILITY COMPANY); TRANSFER LOCATION FROM 172 E EDGEWOOD BLVD TO 3535 FOREST RD, STE C88A, LANSING; NEW ADD BAR PERMIT, FOR A TOTAL OF (2) BARS; NEW OUTDOOR SERVICE AREA; NEW SPECIFIC PURPOSE PERMIT (GOLF); TRANSFER CLASSIFICATION FROM CLASS C LICENSE ISSUED UNDER MCL 436.1531 TO CLASS C LICENSE ISSUED UNDER MCL 436.1513(4) (NON-TRANSFERABLE) AT 3535 FOREST RD STE C88A, LANSING, MI 48910-3831 IN LANSING CITY IN 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: BOARD OF TRUSTEES, MICHIGAN STATE UNIVERSITY Business address and phone number: 3535 FOREST RD STE C88A, LANSING, MI 48910-3831 IN LANSING CITY IN INGHAM COUNTY Home address and phone number of partner(s)/subordinates: Board of Trustees, Michigan State University; 426 Auditorium Rd Hannah Administration Building Rm 450 East Lansing MI 48824-1046 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 (517) 284-6330 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: HOA RESTAURANT HOLDER, LLC (A DELAWARE LIMITED LIABILITY COMPANY) estherm@hooters.com LANSING CITY chris.swope@lansingmi.gov MICHIGAN LIQUOR CONTROL COMMISSION PAT GAGLIARDI, CHAIRMAN 525 W. Allegan St. x P.O. BOX 30005 x LANSING, MICHIGAN 48909 www.michigan.gov/lcc x 866-813-0011  XV B 2 STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR DIRECTOR LANSING Tuesday, August 04, 2020 Cari L. DeLamielleue, Applicant c/o BATTER UP, LLC cari@batterupbistro.com RID # RQ-2007-09450 Reference/Transaction: NEW SDM LICENSE ISSUED UNDER MCL 436.1533(5) AT 621 E MICHIGAN AVE, LANSING, MI 48912-1152 IN LANSING CITY IN 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: BATTER UP, LLC Business address and phone number: 621 E MICHIGAN AVE, LANSING, MI 48912-1152 IN LANSING CITY IN INGHAM COUNTY Home address and phone number of partner(s)/subordinates: Cari L DeLamielleure; 619 1/2 East Michigan Ave Lansing MI 48912; Business phone: 517-575-6717; Cell phone: 517-703-4430 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 (517) 284-6330 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. 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 chris.swope@lansingmi.gov MICHIGAN LIQUOR CONTROL COMMISSION PAT GAGLIARDI, CHAIR 525 W. Allegan St. • P.O. BOX 30005 • LANSING, MICHIGAN 48909 www.michigan.gov/lcc • 866-813-0011