minutes committee on public safety tenth floor

8/14/2019 MINUTES Committee on Public Safety Tenth Floor

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MINUTESCommittee on Public Safety

Tenth Floor Conference Room, City HallFriday, 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, ChairCouncilmember Carol Wood, Vice ChairCouncilmember Eric Hewitt, Member Excused absence

Others Present

Terese Horn, Council StaffBrigham Smith, City AttorneyMelissa Domsic, LSJLori Mayabb, Finsilver FriedmanKatherine Lockard, Finsilver FriedmanGermine Redding, The VenueCorinne Rademacher, The VenueNeal Langman, LPDJan Kolp, LPDPaul Manrique, Law ClerkM. Young, CitizenConrad 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 4AND 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 aconference call.

Mr. Smith submitted a memorandum to the Committee outlining thebackground on the Venue and options to resolve the matter along witha memo updating information on the FOIA Policies and Procedures. Heverbalized concerns expressed about the shootings at the Venue andthe understanding that it cannot continue. The building had beenowned by Long Blvd., LLC since November 2009. The liquor license is

as stated in the memo. There are nine violations of the liquor licenselaw.

Mr. Smith indicated that there are three options to resolve this matter;of which, he will recommend one. One big issue is the resources ittakes each weekend to respond to incidences at the Venue. Officersput themselves in harms way, which then creates unprotected gapswithin the City. They are spending a lot of resources protecting thepeople at the Venue. There was discussion with respect to developinga mechanism to recoup costs. This could be an ordinance that theCouncil could consider and act on. It would be used for all businesses

that extra police patrol is required. It would allow for maintainingpublic safety and recouping costs.

The ordinance amendment will be in conjunction with the cabaretordinance by adding a new section. He outlined the proposedordinance outlining the responsibility of businesses to keep the peaceon their premises. The Legislative body needs to define premises. Ifthere 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 notpaid, they will be in violation of the ordinance.

He made a recommendation for Council to consider this ordinance assoon as possible.

Councilmember Wood requested that in the ordinance, it specify howthe notice would go to the Clerk upon written notice from the Chief ordesignee.

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 voicedconcern about it and indicated the City already has something in place.

In his opinion this ordinance amendment could be a roadblock or anundue burden to business owners and deter new establishments frommoving into the City.

Mr. Smith presented options for the Committees consideration:

1) Option I last chance agreement exploring an agreement withthe business to make the city whole for the resources used

2) Option II liquor license cabaret license revocation - wouldfocus on in liquor license as did the Cadillac Club but would hire a

hearing officer to hear the case (former judge) the hearing officerwould make a recommendation to the City Council. Cabaretlicense 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 thispart of the junction

Mr. Smith recommended option 1, the last change agreement, withclear understanding. Under the agreement, if the business came inviolation, the City would have more leverage to pursue liability. In

recommending the agreement Council also adopt the proposedordinance amendment. However, the Last Chance agreement will betotally separate from the ordinance. The ordinance will provide the Citywith codified protection for any future problems. The Law Departmentwould develop an agreement and if there was a violation, then it wouldbe forward with any action required to Council.

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

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 theCommittee.

Mr. Redding indicated that they have gone through all 25 items of theprocess. He does not use a I.D. scanner for individuals entering hisbuilding. Councilmember Wood suggested the use of a scanner. Mr.Redding responded that he had considered it, but the problem is not inthe 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 thehands of the legal department and attorney for the Venue. She openedup the meeting for comment:

Corinne Radimaker reported that she worked at the Venue since itopened and has never felt unsafe. She suggested running a patrol carthrough the parking lot at the end of the night instead of waiting forsomething to happen.

Council President Quinney commented about LPD and Mr. Redding

having mutually agreed and developed some kind of procedure toeliminate 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 Quinneyscomments. He indicated that they have been in a position where theyare acting too much, and then they claim that they do not act enough.They will continue to work with the Venue until something else isworked out. They have utilized hundreds of hours of resources at thislocation.

Council President Quinney questioned what party is responsible forproblems coming from around the business to the parking lot.

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

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Councilmember Allen suggested that Mr. Ford and the City Attorneyget together and work out an agreement and then continue discussionon 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 adifference on a resolve. As a Councilmember, she has seen anagreement work. She expressed appreciation for everyone coming tothe table.

Councilmember Allen urged that the Last Chance Agreement beestablished as soon as possible.

Review of the FIOA Policy

Mr. Smith submitted a memorandum to follow up on the policies andprocedures. He provided answers to the questions raised at the lastmeeting. This is the same memo as the last one but with updatedinformation on the concordance. He reviewed #IV. There are somethings in their policies and procedures that cannot be included in anordinance. Because of the FOIA statute, the City cannot pass anordinance that is more restrictive. The State conclusively owns FOIA.

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

Similarly, Lansing has the authority and ability at the margin to dealwith procedural matters. Such as Housing Code indicates that it doesnot pre-empt the municipalities.

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

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

Section #VI would put the City in a potential legal hold, and Lawadvised against it. It would require specific language regarding mediameans. This is a policy and legal concern. Mr. Smith was requested tooutline some kind of language on this.

Mr. Smith stated that just because records are open to FOIA, it doesnot mean they are automatically released.

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Councilmember Wood commented about the issue of the mediarequesting including everything under the sun on FOIA in order to getthe information actually searching. She suggested that there be anopportunity 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 todo whatever it takes to get this done.

Pending.

ADJOURN

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

Submitted by,Terese HornRecording Secretary

Lansing City CouncilApproved by the Committee on __________________.Appropriate documents attached to original set of minutes.

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MINUTESCommittee on Public Safety

Tenth Floor Conference Room, City HallMonday, 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, ChairCouncilmember Carol Wood, Vice ChairCouncilmember Eric Hewitt, Member

Others Present

Terese Horn, Council StaffBrigham Smith, City AttorneyCharles Ford, AttorneyChris Swope, City ClerkJason Green, ChamberGermaine 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 butis awaiting review by there office prior to the Committees review.

The Committee made further recommendations to draft #1:

Page 4, Line 15

Councilmember Wood expressed concern about the languageproposed 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 abetter explanation of the rationale of why this is needed.

It was suggested to insert in line 15 after Premises insert uponwritten notification of the Chief of Police or his or her designee if. . .

Line 18 after incidences insert within 100 days of receipt of the firstwritten warning in which . . .

Define premise for parking.

Councilmember Wood questioned whether there is a way to deal withthe zoning issue?

Thought to have free standing parking regulation - it should beidentified as G zoning identifies parking. Smith is to follow up withSue Stachowiak.

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Councilmember Wood questioned should there be explanation of thewritten warning?

Mr. Smith recommended inserting a new sentence on page 4 thatstates written warning to be sent by certified mail or hand delivery to

there registered agent of the licensee and shall consist at a minimumof the following information. Should there be a trigger that some kindof electoral appeal process.

Term, incidences is to be defined better.

Councilmember Wood commented that it is important that we do nothave business owners feel that if they call LPD that this could triggerthis ordinance.

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

the licensee that exceed the existing city services at the premises shallnot count toward incidences that trigger written warnings.

The legislative intent is that the ordinance is to provide fuller serviceswith team officers to the specific area.

Charles Ford recommended that Council not build in an ordinance likethis because it could be vague and short sighted. There is alreadysomething in place. Other jurisdictions are trying to reduce this type ofordinances to make it more beneficial for businesses to come into theCity. 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. Hecommented about a beneficial meeting with the City Attorney. Theywere talking about this being a joint effort on what could be done tohelp each other. Everyone has their own situation. He would like tohave an opportunity to work with the City and Police Department alongwith the Venue.

Mr. Smith stated that the meeting was productive. There was referenceto Cascarillas at another meeting and that this information will beprovided to the Committee. Mr. Ford urged the Committee work withthe Venue and fashion an agreement that everyone can work with.

Councilmember Hewitt commented on the expectation of thisordinance. He voiced concern about depleting our force when policehave to go to an establishment, which could lead to not having officersavailable to go to another emergency. This is not a normal routine.There are many establishments that have a cabaret license that we donot 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 theirresponsibility to make sure that there is a safe environment for thepeople 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 thatthere could be a better way to work things out. He indicated that theyare on the same page as the City. The Venue does not want theseincidents to happen. He wants to work out something and examine anddetermine a way to keep an establishment that brings 600 people toan event in the City. He believes the current ordinance stands on itsown. He does not believe the proposed ordinance addresses the lastthree incidences at the Venue.

Councilmember Allen requested that Law come up with anther draftthat incorporates the recommendations of the Committee and then

work from there.

Mr. Ford stated that if the ordinance goes through, he would notrecommend his client to come in and work out anything more.

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

Councilmember Wood indicted during one meeting Germaine Reddingstated that they wanted to pay for police services, but the Committeefelt that there should be an alternative means. The ordinance is to

provide a mechanism to recoup costs for services that are extraordinary. We do not want to get into rent a cop.

Mr. Smith indicated that the ordinance is separate from an agreementwith the Venue. If they work from an agreement established betweenthe City and The Venue, and The Venue is meeting all of theagreements, it would not implement the ordinance. The agreement willbe between Law and the Venues attorney.

Councilmember Hewitt suggested that the City look into providing amechanism 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 beready for December 4th.

ADJOURNThe meeting was adjourned at 4:58 p.m.

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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 CONTROLORDER 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.


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 onContinental at Malibu.


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 CouncilApproved by the Committee on __________________.

PENDING

Appropriate documents attached to original set of minutes.

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minutes committee on public safety tenth floor

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