council packet 2010-04-05

8/9/2019 Council Packet 2010-04-05

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REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN

CITY COUNCIL CHAMBERS, 10TH FLOOR

LANSING CITY HALL

124 W. MICHIGAN AVENUE

AGENDA FOR APRIL 5, 2010

TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:

The following items were listed on the agenda in the City Clerk's Office by 12:00 p.m. onWednesday, March 31, 2010, in accordance with Section 3-103(2) of the City Charter andwill be ready for your consideration at the regular meeting of the City Council on Monday,April 5, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.

I. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of March 29, 2010

IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule # 11 is needed toallow consideration of late items. Late items will be considered as part of the regular portion of the meeting to which they relate.)

V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as partof the regular portion of the meeting to which they relate.)

VI. SPECIAL CEREMONIES

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of event – 1 minute limit)

IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the

following items on the agenda: public hearings, resolutions, ordinances for introduction, and ordinances for passage. The public may comment for up to threeminutes. Speakers must sign up on white form.)

XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

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B. CONSENT AGENDA

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. ORDINANCES FOR PASSAGE

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT

RELATED MATTERS

XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS

AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be

considered as being read in full and that the proper referrals be made by thePresident)

1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letters from the City Clerk:

i. Request the South Washington Office Complex be assigned asthe new Polling Place for Ward 4, Precinct 6 and thatTransitions North be assigned as the new Polling Place for Ward 4, Precinct 13

ii. Submitting minutes of Boards and Authorities placed on file inthe City Clerk’s Office

b. Letter from the Mayor re:

i. Correction to Resolution #2010-014, Approval of an Applicationfor Obsolete Property Rehabilitation Exemption Certificate for property located at 1118 S. Washington Ave.

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letters from the State of Michigan Liquor Control Commission:

i. Providing notice to A 1 Party Store, Inc. of the cancellation of its application for a new Specially Designated Merchant (SDM)license to be located at 3530 S. Waverly Rd. due to a lack of progress

ii. Providing 15-Day Notice of an application from Mr. Mayo, LLCrequesting to Transfer Ownership of a 2009 SpeciallyDesignated Distributor (SDD) and Specially DesignatedMerchant (SDM) Licensed Business located at 4013 AureliusRd. from GKRA, Inc.

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iii. Providing a copy of its order rescinding its denial order of December 9, 2009, and approving a request to Transfer Ownership of escrowed 2009 Specially Designated Distributor (SDD) and Specially Designated Merchant (SDM) licenses withSunday Sales Permit from Ho Tran, Inc.; Transfer Location

from 3135 S. Pennsylvania Ave. to be held in conjunction withexisting 2009 SDM license at that location; and to cancel theSDM license being transferred from Ho Tran, Inc. to the subjectlocation at 1901 S. Martin Luther King Jr. Blvd.

b. Letter from Comcast Cable providing notice of its 9th Annual ComcastCares Day to be held April 24, 2010

c. Letter from Joan Nelson, Director of Allen Neighborhood Center, insupport of the redevelopment of the Marshall St. Armory

XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government

related matters are issues or topics relevant to the operation or governance of thecity. The public may comment for up to three minutes. Speakers must sign up onyellow form.)

XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

Persons with disabilities who need an accommodation to fully participate in this meeting should contact theCity Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certainaccommodations. An attempt will be made to grant all reasonable accommodation requests.

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NOTE:

FollowingPublic Comment on CityGovernment Related Matters

(prior to adjournment),

the City Council will resolveitself into the

Committee of the Whole.

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XLansing City C lerk

9th Floor, City Hall

124 W. Michigan Avenue

Lansing, Michigan, 48933-1694

517-483-4131

FAX: 517-377-0068

www.lansincami.gov

[email protected]

To: President Robinson and M embers of the City Council

From: Chris Swope, Lansing City Clerk

Subject: Polling Place for W4-P6 & W 4-P13 - SWO C & Transitions North

Date: March 31, 2010

I have received requests from two of our current Polling Places that we find alternative

locations. The Lansing School District has requested that we no longer use Moores

Park School, as the school is closed and it would be a burden to the district to make it

available. Peckham has increased the volume of their own activities at their Riverside

location and does not feel they can continue to accomm odate us on E lection Day.

I had previously sought input from the voters in Ward 4, Precinct 6 on possible

locations. Their second choice to Moores Park School was the Sou th Washington O ffice

Complex (then the National Guard Armory) at 2500 S. Washington. I believe that this isnow the best option.

For Ward 4, Precinct 13 (now voting at Peckham), I have had a difficult time finding

suitable replacements. Peckham had offered their new facility, but the location would

not be convenient for these voters. The only facility I see as a viable option is the

Transitions North facility operated by Clinton-Eaton-Ingham Community Mental Health

Authority at 3200 Rem y Dr.

I respectfully request the South Washington Office Complex be assigned as the new

Polling Place for Ward 4, Precinct 6 and that Transitions North be assigned as the new

Polling Place for Ward 4 , Precinct 13. I would appreciate your action on this item.

Chris SwopeCity Clerk

Chris Swope, City Clerk

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RESOLVE D BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Moores Park School currently serves as the Polling Place for Ward 4,

Precinct 6; and

WHEREAS, the Lansing School District has requested that Moores Park School no

longer be used as a Polling Place; and

WH ERE AS, Peckham currently serves as the Polling Place for Ward 4, Precinct 13; and

WHEREAS, the Lansing School District has requested that Moores Park School no

longer be used as a Polling Place; and

WHEREAS, City Clerk Chris Swope has identified the South Washington Office

Complex (former National Guard Armory) as a replacement location for Ward 4,

Precinct 6 which meets the requirements of the Michigan Election Law as a Polling

Place;

WHEREAS, City Clerk Chris Swope has identified the Transitions North facility of

Clinton-Eaton-Ingham Com munity Mental Hea lth Authority as a replacem ent location forWard 4, Precinct 13 which meets the requirements of the Michigan Election Law as a

Polling Place;

NOW, THEREFORE, BE IT RESOLVED that, the South Washington Office Complex,

2500 S. Washington Ave., Lansing, MI 48910 is assigned as the polling location for

Ward 4 , Precinct 6 beginning with the August 3, 2010 Primary Election;

BE IT FURTHER RESOLVED that, Transitions North, 3200 Remy Dr., Lansing, MI

48906 is assigned as the polling location for Ward 4, Precinct 13 beginning with the

August 3, 2010 P rimary Election.

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[NIG

SCHOOL

DEC

YOUR CHILD MATTERS

OFFICE OF THE CHIEF OPERATIONS OFFICER

1717 Sam's Way, Lansing, MI 48912

(517) 755-3804 • Fax: (517) 755-3809E-mail: brian.ralphPlansingschools.net

March 17, 2010

Chris Swope, City Clerk

City of Lansing

124 W. Michigan Ave., 9th Floor

Lansing, MI 48933

E-mail: [email protected]

Dear Mr. Swope:

Please be informed that the Lansing School District closed Moores Park Elementary (located at

316 Moores River Drive) at the end of the 2008-2009 school year. The building is, therefore,

inoperable and all resources have been removed from this location.

Consequently, the facility should no longer be used as a designated polling location. Please

communicate this information to the appropriate authorities. If you have any further questions,

please do not hesitate to contact my office.

Sincerely,

Brian Ralph

Chief Operations Officer

cc: Dr. T.C. Wallace, Superintendent

Venkat Saripalli, Chief Financial Officer

Virginia Greene, Facility Rentals

The L ansing School District is comm itted to a policy ofproviding equal employment opportunities to all quaked people regardless of

economic or social status and will not discriminate on the basis of race, color, ethnic origin, national origin, creed, religion, political

belief sex, sex ual orientation, marital status, age, veteran status, or physical or m ental disability.

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Chris SwopeLansing City Clerk

March 31, 2010

President Robinson and M embers of the Lansing City Council10th Floor City HallLansing, MI 48933

Dear President Robinson and Councilmembers:

The Minutes from the Meetings of the following Boards and Authorities of the City of

Lansing were placed on file in the City Clerk's Office and are attached for your informationand review.

BOARD NAME

Dem olition Board

DATE OF MEETING

December 3, 2009

If I, or my staff, can provide further assistance or information relative to the filing of theseminutes, please contact us at 483-4131.

Sincerely,

Chris Swope , Lansing City Clerk

Lansing City Clerk's O fficeNinth Floor, City Hall, 124 W . Michigan Ave., Lansing, MI 48933-1695

517-483-4131 ❑ 517-377-0068 FAX

www.lansingmi.gov/clerk ❑ [email protected]

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Virg Bernero, Mayor

DEPARTMENT OF PLANNING,

* EIGHBORHOOD DEVELOPMENT316 N. Capitol Avenue, Suite C-2 • Lansing MI 48933-1238; (517) 483=4361• FAX (`517) 377-0169,

Bob Johnson, Director

CODE COMPLIANCE OFFICE

OFFICIAL PROCEEDINGS OF THE CITY OF LANSING

DEMOLITION BOARD

Held at 316 N. Capitol Ave. at 6:00 pm, ' z1December 3, 2009 il':?

The December 2009 meeting of the City of Lansing Demolition Board was called to order at 60 -2 p.m. by L.

Walker. The following members were in attendance: David Muylle

MEMBERS ABSENT: None

STAFF PRESENT: C. Segerlind; L. Walker

PUBLIC PRESENT: None

L. Walker asked for approval of the 10/22/09 meeting minutes. Demolitions Hearing Officer Dave Muylle

moved to approve m inutes as written.

OLD BUSINESS:

• CaseNo.: 2009-014 Address:3237Brisbane Dr. (swimming pool only)

L. Walker updated the board on this case. The listed taxpayers of record and interested parties are Albert &

Barbara Kelley. The SEV of the property is $92,200. Land value is $12,300. Building value is $79,900

(swimming pool value is $10,400). The property is zoned "A" Residential. Due to a lack of maintenance to the

swimming pool and the surrounding area, it has created an unsanitary/unsafe condition. Thus, the swimming pool

only has been placed into the Make Safe or Demolish process. Based on the last Demolition Board meeting on

10/22/09, the owners stated that they would pull the required permit and remove the swimming pool themselves.

The stated that they did not want to pay the $2,000 administrative fee that would be charged if the case was sent to

City Council. Based on that information, the case was tabled for 30 days to allow the owner time to remove the

swimming pool themselves. As of today, a building permit was pulled on 10/23/09 to remove the pool. However,

no work has been done on the swimming pool, nor any rough inspection done on the permit. Based on this

information, staff recommends M S or D in 30 days.

Demolitions Hearing Officer Dave Muylle ordered the swimming pool to be made safe or demolished byJanuary 4, 2010.

NEW BUSINESS: - none

OTHER BUSINESS:

A. Approval of 2010 Demolition Board Schedule - L. Walker presented the schedule to the Demolition

Board for their approval. Demolitions Hearing Officer David Muylle approved the 2010 schedule.

B. Demolition Board Members - Demolitions Hearing Officer David Muylle inquired as to the status of

filling the two (2) vacant board positions. C. Segerlind, Building Official, stated that she would look into a

N:\Demolitions\Minutes\2009\120309min.doc

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,r.. .i 'p,ossiblecandidat .Mr. Muylle stated -that,he ...would . ,continu.e, to. spread the word

. ' .

,meetings. ,9 ..., ..

ii. hi. .. . _A.. 'it i h. ',hi h.. ii.

PUBLIO'COMMENT: None ' .. , .. . , . ....

ADJOURNMENT:, A ,.t6l .5,T) .IP,Pi.)Wa4q . 40-.j.914mP4 t4P)TP99tt.g3 .

..... Respectfully submitted,

braft 'date: DeClemb let 13 , 2009

Ma'rai 2'54010Sent to Clerk's Office: March 26, 2010

cc: Mayor's OfficeCity Clerk's OfficeCity Council Office

File

0 ,

Laura WalkerActing Secretary

\.)

J2 . .:.:...

:. i

;O r )

""..i

N:\Demolitions\Minutes\2009\120309min.doc

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1 (

OFFICE OF THE MAYOR9th Floor, City Hall

124 W. Michigan AvenueLansing, Michigan 48933-1694

(517) 483-4141 (voice)(517) 483-4479 (TDD)

(517) 483-6066 (Fax)

TO : City Council Council President A'Lynne R obinson and Council Membe rs

FROM: Mayor Virg Bernero

DATE: March 31, 2010

RE : Resolution-Correction to OPRA Certificate Approval-1118 S. Washington

Ave. (Former Michigan Electric Building)

The attached c orrespondence is forwarded for your review and appropriate action.

VB/rhAttachment

Virg Bernero, Mayor

"Equal Opportunity Employer"

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Virg Bernero, Mayor

City of Lansing

Inter-DepartmentalMemorandum

To: Virg Bernero, Mayor

From: Ken Szymusiak, LEDC

Subject: CITY COUNCIL AGENDA ITEM - 1118 S. Washington Ave. - former Michigan

Electric Building

Date: 3-30-2010

Attached is a resolution to correct resolution # 2010-014 which was passe d on Feb 8th but was missing some

information regarding dates as well as a project description within the document. The new resolution makes

these corrections and rescinds resolution # 2010-014. I w ould like council to take action on this new resolution

as quickly as possible.

Please forward this resolution to City Council for placement on the Agenda.

If you have any questions, or need additional information, please give me a call at -5412.

Attachments

r

"Equal Opportunity Employer"

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BY THE COMM ITTEE ON DEVELOPMENT AND PLANNINGRESOLVE D BY THE CITY COUNCIL OF THE CITY OF LANSING

Obsolete Property Rehabilitation Tax Exem ption Certificate Approval1118 South Washington Ave.

WHEREAS, pursuant to the Michigan Obsolete Property Rehabilitation Act, being Public

Act 146 of 2000 (PA 146 of 2000), Tom Arnold has filed an application for an ObsoleteProperty Rehabilitation E xemption C ertificate (OPT C ertificate) with the Lansing C ity Clerk,for a proposed obsolete facility at 1118 South Washington Ave., Lansing, Michigan

(Obsolete Property); and

WHEREAS, Tom Arnold (the Developer) owns the proposed Obsolete Property; and

WHEREAS, the proposed Obsolete Property is located within an Obsolete Property

Rehabilitation District legally established by resolution adopted February 8, 2010, after a

public hearing was held, as provided by section 3 of PA 146 of 2000; and

WHEREAS, a public hearing was held on January 1, 2010 on the Developer's applicationfor an OPT Certificate, after proper notice was made, pursuant to section 4(2) of PA 146 of

2000; and

WHEREAS, the Developer has represented and committed to the City to undertake, and

complete not later than December 31, 2011, the rehabilitation, renovation, and

reconstruction of the Obsolete Property into a mixed-use facility with commercial space onthe first floor and 23 residential units throughout the structure; and

WHEREAS, the Lansing City Council hereby rescinds resolution 2010-014 regarding 1118South Washington Ave. Obsolete Property Rehabilitation Tax Exemption Certificate

Approval as passed on February 8, 2010;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council hereby approves ofthe issuance of an Obsolete Property Rehabilitation Exemption Certificate to Tom Arnold,

for the Obsolete Property located at 1118 South Washington Ave., Lansing, Michigan,

legally described as:

E 198 Ft Lot 6, Also N 27 FT of E 110 FT 10 In Lot 7 Block 195 Orig Plat

for the period of 12 consecutive years.

BE IT FURTHER RESOLVED that the Lansing City Council, in approving the Developer's

application by this resolution, finds and determines all of the following;

1. The taxable value of the property proposed to be exempt plus the aggregate taxablevalue of the property already exempt under PA 146 of 2000 and under Public Act

198 of 1974 (IFT's) does exceed five percent (5%) of the total taxable value of the

City of Lansing.

2. The applicant is not delinquent in any taxes related to the facility.

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3. All of the , items described on line 9 of the Application for Obsolete Property

Rehabilitation Exemption Certificate have been provided to the City of Lansing by

the applicant.

4. The application is for obsolete property as defined in section 2(h) of PA 146 of

2000.

5. The com mencement o f rehabilitation activities of the facility did not occur prior to theestablishment of the Obsolete P roperties R ehabilitation District.

6. The application relates to the rehabilitation program for the building located at 1118South Washington., Lansing, Michigan and, when completed, will constitute a

rehabilitated facility within the meaning of PA 146 of 2000 and the facility is situatedwithin the Obsolete Property Rehabilitation District established by the City of

Lansing, which is a Qualified Local Governmental Unit eligible under PA 146 of

2000 to establish such a district.

7. The completion of the rehabilitated facility is calculated to, and will at the time of

issuance of the certificate, have the reasonable likelihood to, increase commercialactivity, create some em ployment, and revitalize an u rban area.

8. The rehabilitation includes improvements aggregating ten percent (10%) or more ofthe true cash value of the property at the commencement of the rehabilitation as

provided by section 2(L) of PA 146 of 2000.

9. The rehabilitation must be com pleted not later than Decem ber 31, 2011 as evidenceby the issuance of a Certificate of Occupancy from the City of Lansing Building

Safety Office.

BE IT FINALLY RESOLVED that the City Clerk shall cause the Application for ObsoleteProperty Rehabilitation Certificate to be completed, including the "Clerk Certification" and

shall file the completed application, together with a certified copy of this resolution with theState Tax Commission.

Approved for placement on the C ity Council Agenda

City Attorney

Date

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JENNIFER M. GRANHOLM NIDA R. SAMONAGOVERNOR STATE OF MICHIGAN CHAIRPERSON

LIQUOR CONTROL COMMISSIONDEPARTMENT OF ENERGY, LABOR & ECONOMIC GROW TH

STANLEY "SKIP" PRUSS, DIRECTOR

NOTICE: CANCELLATION OF APPLICATION

March 26, 2010

REQUEST ID: #378606A 1 Party Store, Inc.c/o Michael Arafat4480 Cranbrook T railWest Bloomfield, MI 48323

Dear Applicant:

We are canceling your application for new SDM license to be located at 3530 S. Waverly Road,

Lansing, MI 48911, Ingham County, due to lack of progress.

Pursuant to R 436.1103, Rule 3 (2) of the Michigan Liquor Control Acts, Rules and Regulations, which

states: "An Applicant for a license shall provide to the commission, on representative of the

Commission, all information necessary for investigation and processing of the application."

Our records are being marked accordingly and all concerned parties notified. If you have any

questions, please contact the Licensing Division at (517) 322-1400.

ch

Michigan Liquor Control Commission7150 Harris Drive • P.O. Box 30005 • Lansing, Michigan 48909-7505

www.michigan.gov/dleg • (517) 322-1345 Lansing O ffice .

cc: Lansing District Office

Timmothy J. Yousif, Atty.Lansing Police DepartmentLansing City Council

LC-1159 REV. 5-844880-0420

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Michigan Department of Energy, Labor & Economic Growth

-MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)

7150 Harris Drive, P.O. Box 30005Lansing, Michigan 48909-7505

LOCAL GOVERNMENT 15-DAY NOTICE[Authorized by R 436.1105 (2d) and (3)]

March 19, 2010

LANSING CITY COUNCIL

ATTN: CLERK

124 W MICHIGAN AVE

LANSING , MI 48933-1694

Re q uest ID #: 534164

The Michigan Liquor Control Commission has received an application from M R. MAY O, LLC REQU ESTS

TRANSFER OWN ERSHIP OF 2009 SDD & SDM LICENSED BUSINESS, LOCATED AT 4013

AURELIUS, LANSING, MI 48910, INGHAM COUNTY, FROM GKRA, INC.

CONTACT: .

MAYNARD ARAFAT, 5040 WHITE TAIL CT, CO MMERCE TWP, MI 48382, PHONE: (248)229-1020

Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the

premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other than

beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.

For your information, part of the investigation of the application is conducted by the local law enforcement

agency and investigative foams will be released to them either in person or by m ail.

Although local governing body approval is not required by the Michigan Liquor Control Code, Rules and

Related Laws for off-premise licenses, the local governing body, or its designee, may notify the Commission atthe above address within 15 days of receipt of this letter if the applicant location will not be in compliance withall appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if

the applicant is considered ineli gible due to other factors.

All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A

copy of the law and/or ordinance m ay be subm itted with the notification.

If you have any questions, please contact Unit 3 of the Retail Licensing Division at (517) 636-0204.

smg

'.WJ!'iiGi .11.t'

CT''

L

LC-3104(Rev. 09/05)Authority: R436.1105(2d) and (3)Completion: MandatoryPenalty: No License

The Department of Labor & Economic Growth wil l not discriminate against any individual or group because of race, sex, rel igion, age,national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americanswith Disabili t ies Act, you may make your ne eds known to this agency.

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JENNIFER M. GRANHOLM

GOVERNORSTATE OF MICHIGAN

LIQUOR CONTROL COMMISSION

DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTHSTANLEY "SKIP" PRUSS, DIRECTOR

NIDA R.SAMONA

CHAIRPERSON

March 23, 2010

Lansing Grocery Inc.

Short Stop Party Store1901 S. M artin Luther King Jr.

Lansing, MI 48910

REQUEST ID: 526697

Dear A pplicant:

This is with reference to your request for Transfer ownership of escrowed 2009 Specially Designated Distributor (SDD) an d

Specially Designated Merchant licenses with Sunday Sales Permit from Ho Tran, Inc.; Transfer location from 3 135 S.

Pennsylvania, Lansing, Ingham Co unty, to be held in conjunction with existing 2009 S pecially Designated M erchant licenseat that location; and to cancel the Specially Designated Merchant license being transferred from Ho Tran, Inc. to the subjectlocation, located at 1901 S . Martin Luther King Jr., Lansing, in Ingham C ounty.

Upon written request, a formal hearing was held on Tuesday, January 26, 2010, at the Comm ission Offices in Lansing.

Enclosed is a copy of the order that was issued on March 16, 2010, rescinding the denial order of December 9, 2009, andapproving the above request.

Upon receipt of all items requested on the attached check sheet; ftirthei action will be taken on your request.

Very truly yours,

MICHIGAN LIQUOR CONTROL COMMISSION

Sharon M artin, Director

Licensing Division

ascc G. Sal Gani, Attorney, w/ encl.

Ho Tran, Inc. w/encl.MLCC -Lansing District Office w/encl.

Lansing Police Department w/encl.Lansing City Council w/encl.

Roger Isaac, Attorney for Khushi, Inc. w/encl.

Anita Beavers, Colonial Village Neighborhood Assoc. w/encl

DELEG is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.

Michigan Liquor Control Commission7150 Harris Drive • P.O. Box 30005 • Lansing, Michigan 48909-7505

www.michigan.gov/Icc • (517) 322-1345 Lansing Office

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STATE OF M ICHIGAN

DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTHLIQUOR CONTROL COMMISSION

Lansing Grocery Inc.1901 S. M artin Luther King Jr.Lansing, Michigan 48910

Hearing Held in LansingTuesday, January 26, 2010

Before: Chairperson Samona

Commissioner GagliardiComm issioner W eatherspoon

. FINDINGS AND ORDER

The Michigan Liquor Control Commission, (hereinafter "Commission"), has before it a

request from Lansing Grocery Inc., (hereinafter "applicant"), to transfer ownership of

escrowed 2,009 Specially Designated Distributor ("SDD") and Specially Designated

Merchant ("SDM") licenses with Sunday Sales Permit from Ho Tran, Inc.; -to transfer

location from 3135 S. Pennsylvania, Lansing, Ingham County, to 1901 S. Martin Luther

King, Jr., Lansing, Ingham County, to be he ld in conjunction with existing 2009 SpeciallyDesignated Merchant license at that location; and to cancel the Specially Designated

Merchant license being transferred from H o Tran, Inc. to the subject location.

Section 503(1) of the Michigan Liquor Control Code of 1998, being MCL 436.1503(1),

provides, in pertinent part, as follows: "A new application for a license to sell alcoholic

beverages at retail, or a request to transfer location of an existing license, shall be denied ifthe contemplated location is within 500 feet of a church or a school building. ..."

Commission Rule 436.1133 provides as follows: "An application for a new specially

designated distributor license or for the transfer of location . of an existing specially

designated distributor license shall not be approved by the commission if there is an

existing specially designated d istributor license located within 2,640 feet of the p roposedsite.... This rule may be wa ived by the com mission for any of the following reasons: (a) Ifthe existing specially designated distributor has purchased less than $10,000.00 in spiritsfrom the commission during the last full calendar year. (b) If the. existing, specially

designated distributor has a B-hotel or A-ho tel license. (c) If the proposed location and theexisting specially designated distributor's licensed establishment are separated by a m ajorthoroughfare of not less than 4 lanes of traffic..(d) If the proposed licensed establishment islocated in a neighborhood shopping center which does not have an existing specially

Ingham CountyRequest'ID# 526697

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Lansing Grocery Inc. - Request ID# 526697

Page 2

designated distributor's licensed establishment and if the proposed licensed establishment

is located not less than 1,000 feet from any existing specially designated distributor'slicensed establishment. . . (e) If an existing specially designated distributor licensee is

located within 2,640 feet of 1 or more existing specially designated distributor licenseesand-requests a transfer of-location, which location is within 2,640 feet of the sam e existingspecially designated distributor licensee or licensees, upon a showing of g ood cause by thelicensee who is requesting the transfer of location."

Com mission Rule 436.1001(k) provides as follows: "'Major thoroughfare' means a streetor highway which is primarily for through traffic and which has not less than 4 lanes of

traffic, excluding any lanes that are used primarily for turning purposes and any lanes inwhich parking is allowed a t any time."

Commission Rule 436.1105 provides, in pertinent part, as follows: ... "(2) The commissionshall consider all of the following factors in determining whether an applicant may be

issued a license or permit....(d) The opinions of the local residents, local legislative body,or local law enforcement agency with regard to the proposed business. ..."

Comm ission records reflect that Emile Indrawos and M oussa Chaer are stockholders in theapplicant corporation and have held an SDM license at the applicant location since

December 20, 2005; and that location was cited and found responsible for one (1) violationfor the sale of alcohol to a person u nder the age of 21 that occurred on M arch 6, 2008.

The customary investigation conducted by the Comm ission's En forcement Division relativeto this request reflects that Apostolic Tower of Power Temple is located at 1020 Mt. Hope,Lansing, Ingham County, which is 328 feet from the applicant's proposed. transfer of

location.

Thus, in accordance with the provisions of MCL 436.1503; supra; the Commission notifiedthe aforementioned church of the applicant's request and a Resolution of Objection wasnot submitted to the Comm ission for consideration.

The investigation further reflects that there are two (2) existing SDD licensed retail outletslocated within 2,640 feet of the applicant's proposed transfer of location: Khushi, Inc. holds

an SDD license at 800 W., Mt. Hope, Lansing, Ingham County, and is located 1,237 feetaway from the applicant's proposed transfer of location; and Quality Dairy Company holdsan SD D license at 1412 W. Mt. Hope, Lansing, Ingham Cou nty, and is located 1,231 feetaway from the applicant's proposed location. The investigation further reveals that the

applicant's proposed location is separated from Khushi, Inc. and Quality Dairy Company byMt. Hope which is identified as being a qualifying major thoroughfare of not less than four(4) lanes for through traffic; and thus, the applicant qualifies for a waiver of CommissionRule 436.1133; supra; under subsection "c" of that rule relative to those existing SDD

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licensed outlets and the applicant has subm itted a written request for a w aiver of same.

Letters of notification were released to the aforementioned existing SD D licensed outletsnotifying them of the applicant's request and a letter of objection was received from RogerIsaac, legal counsel on beha lf of Khushi, Inc.

Commission records further reflect that the Lansing Police Department forwarded a

favorable recommendation of the applicant's request indicating that the proposed locationmee ts all appropriate state and local building, plumbing, zoning, fire, sanitation and healthlaws and ordinances.

Commission records further reflect that a letter dated September 17, 2009 was forwarded

to the Comm ission by the Colonial Village Ne ighborhood Association in opposition of theapplicant's request and has been made a part of the applicant's request in this matter.

Commission records further indicate receipt of a letter dated September 22, 2009

addressed to the Commission by A Lynne Robinson, Council Vice President, Lansing CityCouncil, referencing the opposition to the applicant's request by the Colonial Village

Neighborhood Association.

Therefore, at a meeting held on Decem ber 9, 2009, the Com mission denied the applicant'srequest pursuant to the provisions of MCL 436.1503; supra; inasmuch as Apostolic Towerof Power Tem ple at 1020 Mt. Hop e, Lansing, Ingham County, is located within 500 feet of

the applicant's proposed location; pursuant to Commission Rule 436.1133; supra;inasmuch as there are two (2) existing SDD outlets located within 2,640 feet of the

applicant's proposed location; and pursuant to Comm ission Rule 436.1105(2)(d); supra;based upon the written objection received from the Colonial Village Neighborhood

Association.

A timely request for a hearing in the matter of this denial was received from legal counselon behalf of the applicant and such a hearing was held on January 26, 2010 at the Lansingoffice of the C omm ission. Present at the hearing on behalf of the applicant were AttorneySal Gani and applicant stockholder, Emile Indrawos. Present at the hearing on behalf ofthe objecting proximity SDD licensed retail outlet of Khushi, Inc. were Attorney Roger Isaac

and Rajin Babar. Present at the hearing on behalf of the Colonial Village NeighborhoodAssociation were Anita Beavers, Michael Morofsky and Evelyn Bush.

At the hearing, Attorney Gani indicated that the denial of the applicant's request pursuantto MCL 436.1503(1); supra; is moot inasmuch a s Apostolic Tower of Power Temple did notobject to the applicant's request. Attorney Gani then advised the Commission that the

applicant has operated at the applicant location for five (5) years w ith an SDM license atthe subject leased property and recently renewed a lease for sam e with possible plans in

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the future to purchase same; that the applicant location is in the proximity of a unique

intersection consisting of four (4) quadrants with more than four (4) lanes for through trafficcontained within each quadrant and the applicant will service travelers on the southwestquadrant traveling north on Martin Luther King Jr.; that the applicant is separated from

Khushi, Inc. and Quality Dairy Company b y a major thoroughfare of not less than four (4)lanes of through traffic, that being Mount Hope; and the applicant qualifies for a waiver ofCommission Rule 436.1133; supra; under subsection "c" relative to those outlets. AttorneyGani further contended that the patrons of the applicant have requested liquor and the

applicant wants to meet customer demand in order to compe te in a struggling economy.

At the hearing, Attorney Isaac argued that the applicant has not demonstrated a good

cause argum ent to support the transfer of location of the subject license to the applicant

location; and that by granting approval of the applicant's request will result in theoversaturation of SDD licenses in a vicinity that currently has three (3) SDD licenses

serving customers needs.

At the hearing, all protestors on be .halfof the Colonial Village Neighborhood AssociationS^

reiterated their concerns relative to. the appearance of the building and property at the

applicant location and the Comm ission concluded the hearing proceedings in this matter toallow the applicant a short period of time to address a plan of action relative to the

condition of the building and property at the applicant location and advise the Commission

in writing as to the progress of same.

Subsequent to the hearing held in this matter, legal counsel on behalf of the applicantprovided the Commission with documentation and photographs addressing the items ofconcern at the applicant location as previously outlined and discussed at the appeal

hearing held on January 26, 2010 and same have been made a part of the applicant's

request in this matter.

In arriving at its decision in the instant matter, the Commission has considered the

representations and exh ibit presented by all parties attendant to the hearing, the licensingapplication file in this matter, and the overall circumstances attending this request,

including the written objections filed by Khushi, Inc. and the Colonial Village NeighborhoodAssociation, and the lack of objection filed on behalf of Apostolic Tower of Power Temple;

in addition to the documentation and photographs of the improvements made to thebuilding's exterior and surrounding landscapes subm itted subsequent to the hearing held in

this matter.

In making a determination as to whether or not the aforementioned request should be

granted relative to the proximity of the applicant's proposed location and the location ofApostolic Tower of Power Temple, the Commission is also guided by MCL 436.1503(4)

which provides, in part, as follows: "... If an objection is not filed by the church or school,

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the comm ission may issue the license pu rsuant to this act...." The Com mission finds that

no objection was received from Apostolic Tower of Power Temple relative to the applicant'srequest; and therefore, concludes that the requested SDD license should be issued at theproposed location pursuant to the foregoing provision of MCL 436.1503(4); supra.

The Commission further finds that the determination made through the survey and

investigation conducted by its Enforcement Division indicates that the applicant's proposedSDD location is within 2,640 feet of two (2) existing SDD licensed outlets and is part of therecord in this matter. The C omm ission also finds that the applicant's site does qualify forawaiver of the 2,640-foot proximity restriction of Com mission Rule 436 .1133; supra; underthe exception found in subsection "c" relative to both aforementioned existing SDD outlets;and concludes that the applicant's request fits within the standards for granting a wa iver of

Commission Rule 436.1133; supra; and that the requested waiver found underCom mission Rule 436.1133(c); supra; should be granted.

In furtherance of its consideration of this licensing request, the Commission notes that thelicensing investigation conducted by the Commission's Enforcement Division indicates thatthe applicant's proposed location meets the minimal licensing requirements for licensure.However, the Comm ission finds that it is also within this agency's authority to consider localobjections to the issuance of a liquor license authorizing the sale of alcoholic beverageswhen it is informed of those objections and to render a decision as to whether or not a

license should be issued based upon local opinion. .

Relative to the instant matter, the Com mission has reviewed its file in this ma tter againstthe opinions of the Colonial Village Neighborhood Association in opposition to the

- applicant's request. In so doing, the Commission has also weighed these opinions againstits own assessment of the factual circumstances surrounding this request and takes noteof the documen tation and photographs subm itted by the applicant subsequent to hearingproceedings held in this matter that address the concerns of the Colonial Village

Neighborhood A ssociation.

Concerning the app licability of Comm ission R ule 436.1105(2)(d); supra; the Com mission iscognizant of the position of the Colonial Village Neighborhood Association opposing anyadditional liquor licenses in the vicinity of the applicant location. This being, the

Commission is faced with the difficult task of attempting to determine, in advance, whetherissuance of the SDD license to the applicant at its proposed location would cause harm tothe general health, safety and welfare of the citizens of Lansing.

Based upon review of the overall factors inherent with this licensing request, the

Commission finds that other than the Colonial Village Neighborhood Association's generalphilosophy against the issuance of additional liquor licenses, the Association has not

brought forth any evidence. to substantiate that this particular applicant is not qualified to

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conduct a business at this specific location in this locale nor has evidence been p resented

that issuance of a license to this particular applicant will cause detriment or harm to thehealth, safety or welfare of the citizens of the City of Lansing or the citizens of the State ofMichigan. While the Commission does give . great deference to the opinions of local

citizens and appreciates their attention to matters relating to the sale of alcoholic beverageproducts within their locale, the Com mission also finds that the licensing file attendant tothis request indicates that the applicant meets the Commission's minimal qualifications forthe requested SDD License.

The Michigan Liquor Control Commission, as the regulatory agency governing businessesthat sell and dispense alcoholic liquor in the State of M ichigan, has a mechanism in placeto sanction, monetarily or otherwise, those businesses that violate the Commission's Code

or Administrative Rules. Thus, while neighboring citizens may not agree with this agency'sdecision to issue the subject license to the applicant at its proposed location, it can restassured that any violations, should they occur at the proposed s ite, will be effectively dealtwith through the Commission's long-standing Hearings and Appeal Practice Rules and

procedures.

As such, the Commission views the opinions submitted on behalf of the Colonial VillageNeighborhood Association to be advisory and one upon which the Com mission may or maynot decide to deny an applicant's request for licensure, under its own authority; and thus,the Com mission concludes that Com mission Rule 436.1105(2)(d); supra; should no longerimpede the applicant's request in this matter.

Therefore, it is the Order of the Commission that its order of December . 9, 2009, be

rescinded, and the provisions of MCL 436.1503(1); supra; be waived pursuant to MCL

436.1503(4); supra; that the permissible waiver of Comm ission Ru le 436.1133; supra; begranted pursuant to subsection "c"; and that the request of Lansing Grocery Inc. to transferownership of escrowed 2009 S pecially Designated Distributor and Specially DesignatedMerchant licenses with Sunday Sales Perm it from Ho Tran, Inc.; to transfer location from3135 S. Pennsylvania, Lansing, Ingham County, to 1901 S. Martin Luther King, Jr.,

Lansing, Ingham C ounty, to be held in conjunction with existing 2009 Specially DesignatedMerchant license at that location; and to cancel the Specially Designated Merchant licensebeing transferred from Ho Tran, Inc. to the subject location, be approved, with the proviso

that in the event the license has not been transferred and. placed into active operation byApril 30, 2010, all rights to the license will terminate on April 30, 2010, pending compliancewith the provisions of Com mission Rule 436.1107; and approved w ith the proviso that thebuilding structure and surrounding landscapes at the subject licensed premises be

maintained on a continual basis.

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• Lansing Grocery Inc. - Request ID# 526697

Page 7

And app roved, subject to the following:

1. Commission receipt of documentary proof that Lansing Grocery Inc. receivedan investment in the amount of $47,000 from stockholder, Moussa C haer;

2. Commission receipt of a letter from Lansing Grocery Inc. requesting to

cancel the subject SDM license being transferred from Ho Tran, Inc.; and

3. Verification of all stock issuance.

Dated: March 16, 2010

Donald B. Weatherspoon, Comm issioner

tic

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Comcast®

March 25, 2010

Comcast

1401 East Miller Road

Lansing, MI 48911

Mr. Chris Swope, Clerk

City of Lansing

124 W. Michigan

Lansing , MI 48933

Dear Mr. Swope:

For more than 45 years, Comcast has been committed to improving the quality of life in the local

communities where our customers and employees live and work. Knowing that even a single volunteer

can make a measurable difference in the life of an individual or in a community, Comcast recognized the

enormous impact that we could make by mobilizing thousands of Comcast employees across the country.On Saturday, April 24, 2010*, more than 50,000 local Comcast employees, their families and our non-

profit community partners will kick off our ninth annual Comcast Cares Day, a company-wide day of

service. To date, Comcast Cares volunteers have contributed more than 1.3 million hours of service to

more than.- 2,300:non-profit community partners across the country. Last year more than 60,500

volunteers participated _nationwide.

This -years more than 2,300 volunteers will work at more than 25 sites around the state of Michigan,

making a; difference and meeting local needs. Each year as the number of Comca st volunteers has grown,

the enthusiasm, camaraderie and dedication to giving back has also increased. A tradition that started in

1997 in Philadelphia has expanded over the years into a commitment of giving back company-wide,

demonstrating Comcast's commitment to each and ev ery region it serves.

Please join us at one of our Comcast Cares Day locations as we power dreams in our communities and

celebrate volunteerism. The location of the service project in your a rea is:

• Greater Lansing Food Bank, 5303 S. Cedar Street, Lansing.

April 24, 2010 from 8 a.m. to noon. Volunteers will assist with gardening and food packingprojects.

Please let me know if you will be able to join us at your earliest convenience at (517) 334-5686 [email protected] . We look forward to working with you to make a difference!

Sincerely,

John P:-Gardner

Government; Affairs; Manager

Comcast; Michigan Region-

*Some projects are held the week of C omcast Cares Day..

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Support for the Lansing Armory Redevelopment

Joan Nelson <[email protected] > Fri, Mar 26, 2010 at 5:23 PMTo: [email protected]

March 26, 2010

RE: Letter of Support for the Lansing Armory R edevelopment

Dear Lansing City Council Members,

This is to express the unanimous support of the Board of Directors of Allen , Neighborhood Center for the proposedredevelopment of the Marshall St. Armory. We welcome the proposal of the Gillespie Group to adapt the building for

reuse as office space, thereby ending the vandalism and blight which has increased. since the building's closing in 2008,and ensuring the continuation of an important and historic resource in the heart of the Eastside. Redevelopments suchas this inspire others to expand historic preservation efforts, while creating numerous subsequent benefits. Not the leastof these benefits accrues to the surrounding neighborhoods and the school complex adjacent to the Armory property.

It is our understanding that several non-profit entities, such as Michigan Non-profit Association and the Capital AreaUnited Way, will be co-locating their primary offices within the Armory upon completion of historic preservation work.What a great way to ensure the sustainability and extend the reach of important human service agencies, such as these.Additionally, the presence of these heavy-lifting non-profits on the Eastside contributes to a growing "non-profit businessdistrict" on and nearby Michigan Ave.

The project also reflects the Gillespie Group's ongoing and special commitment to improving the Eastside, a key

neighborhood in increasing the appeal of the City to young professionals and families.

In summary, redevelopment of the Armory by the Gillespie Group will almost certainly inspire additional historicpreservation, catalyze investment in the area, and enhance the adjacent neighborhoods.

The Allen Neighborhood Center board endorses this promising initiative, and encourages your support.

Joan N elson, Director

"Much more than a physical space; community is an experience". Ron David

Joan Nelson, DirectorAllen Neighborhood Center

1619 E. Kalamazoo St., Lansing, MI 48912517-999-3912

council packet 2010-04-05

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