Lansing (MI) City Council Info Packet For April 11 Meeting

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 11, 2011
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 4:00 p.m. on
Thursday, April 7, 2011, in accordance with Section 3-103(2) of the City Charter and will be
ready for your consideration at the regular meeting of the City Council on Monday, April 11,
2011 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 28, 2011

IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule #9 is needed to
allow 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 part
of the regular portion of the meeting to which they relate.)
VI. SPECIAL CEREMONIES
1. Tribute; In recognition of Child Abuse Prevention Month

2. Presentation; Capital Area Transportation Authority (CATA) presentation on
the Michigan Ave./Grand River Ave. Transportation Study
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 three
minutes. Speakers must sign up on white form.)
1
A. SCHEDULED PUBLIC HEARINGS
1. In consideration of an Ordinance of the City of Lansing to Amend

Chapter 876, Section 5, of the Lansing Codified Ordinances by
amending the list of establishments recognized by the city as being in
operation prior to the effective date of Chapter 876
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS
A. REFERRAL OF PUBLIC HEARINGS
B. CONSENT AGENDA
1. BY COUNCIL MEMBER DERRICK QUINNEY

a. Tribute; In recognition of A. Philip Randolph
2. BY COUNCIL MEMBER CAROL WOOD
a. Tribute; In recognition of Child Abuse Prevention Month
3. BY THE COMMITTEE ON WAYS AND MEANS
a. Grant Acceptance; 2010 Continuum of Care Homeless
Assistance Supportive Housing Program Notice of Funding
Availability (NOFA) for one-year renewal grants to support
existing Supportive Housing Program initiatives
4. BY THE COMMITTEE OF THE WHOLE
a. Tribute; Robin M. Smith, Recipient of the 2011 Sojourner Truth
Award at the National Association of Negro Business &
Professional Women’s Clubs, Inc.’s 29th Annual Founders’ Day
Awards Ceremony
b. Tribute; Linda Sims, Recipient of the 2011 Community Service
Award at the National Association of Negro Business &
Awards Ceremony
c. Tribute; James J. Jackson, Recipient of the 2011 Frederick
Douglass Award at the National Association of Negro Business
& Professional Women’s Clubs, Inc.’s 29th Annual Founders’
Day Awards Ceremony
d. Tribute; Stacy Lewis, Recipient of the 2011 Business
Excellence Award at the National Association of Negro
Business & Professional Women’s Clubs, Inc.’s 29th Annual
Founders’ Day Awards Ceremony
2
e. Tribute; Raynida Haynes, Recipient of the 2011 Youth on the
Move Award at the National Association of Negro Business &
Awards Ceremony
f. Tribute; Jayson L. Howell, Recipient of the 2011 Youth on the
Move Award at the National Association of Negro Business &
Awards Ceremony
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 the
President)
1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS
a. Letters from the City Clerk:

i. Submitting requests for Recognition of Non-Profit Status in the
City of Lansing from Michigan Recycling Coalition, P.O. Box
10070
ii. Providing a list of permits issued by the State of Michigan
Liquor Control Commission authorizing the sale of spirits,
mixed spirit drink, and/or beer and wine on Sunday morning
b. Letter(s) from the Mayor re:
i. Memorandum; Responsibility for Employment-Related
Training, Complaints and Investigations
ii. Acquisition of Property by Donation; Sesquicentennial
Sculpture
iii. Grant Acceptance; National Recreation and Park Association
(NRPA)- Park and Recreation Agency's Community Garden
Programs
3
iv. Ordinance Amendment; To Repeal Part 4 of the Lansing
Codified ordinances and replace it with a new part 4 adopting
by reference the Michigan Vehicle Code, the uniform traffic
code promulgated by the Michigan State Police in 2003, and
other related state laws and to otherwise provide for the
regulation of vehicles, traffic, and the use of city streets
v. Ordinance Amendment; To Amend Chapter 1426, Sections 1
through 99, of the Lansing Codified Ordinances by adopting
the most recent version of the Michigan Mechanical Code
vi. Ordinance Amendment; To Amend Chapter 1610 of the
Lansing Codified Ordinances by adopting by reference the
2009 International Fire Code
vii. Ordinance Amendment; To Amend Section 608.04 of the
Lansing Codified Ordinances by allowing sale and consumption
of alcohol in Fenner Nature Center, subject to restrictions on
sale and consumption of alcohol in parks
viii. Ordinance Amendment; To Amend Section 1034.02 of the
Lansing Codified Ordinances by excluding parks, parks
facilities, and structures located in parks from the review
process established by Chapter 1034
ix. Ordinance Amendment; To Amend Chapter 1046 of the
Lansing Codified Ordinances by making changes approved by
the Michigan Department of Environmental Quality and
required by federal law
x. Ordinance Amendment; To Amend Chapter 805 of the Lansing
Codified Ordinances by eliminating the requirement that each
auction held in the City be separately licensed
xi. Ordinance Amendment; To Add Chapter 876 of the Lansing
Codified Ordinances establishing a procedure for recognition of
a service organization, as described by MCL 432.103(k)(ii)
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS
a. Letter from the State of Michigan, Department of Natural Resources

providing notice of the issuance of a permit for the installation of a
sculpture within the 100-year floodway of the Grand River, along the
river walk and downstream of the City Market. Installation shall
include excavating approximately 77 cubic yards of material and
filling approximately 103.5 cubic yards for concrete sidewalk/ramp,
curb, and platform. The sculpture shall be anchored to prevent
floatation or lateral movement by the Lansing Department of Public
Services for the Michigan Sesquicentennial Monument, Permit
Number 11-33-0006-P
4
b. Letter from the Gratitude Group of P.O. Box 21006 submitting an
Application for Community Funding for its Cinco de Mayo event to be
held May 1, 2011
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 the
city. The public may comment for up to three minutes. Speakers must sign up on
yellow form.)
XX. ADJOURNMENT
CHRIS SWOPE, CITY CLERK
Persons with disabilities who need an accommodation to fully participate in this meeting should contact the
City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain
accommodations. An attempt will be made to grant all reasonable accommodation requests.
5
14L
CITY OF LANSING
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, April
11, 2011 at 7:00 p.m. in the City Council Chambers, 10th Floor Lansing City Hall,
124 W. Michigan Ave., Lansing, MI for the purpose of considering an ordinance
of the City of Lansing, Michigan, to Amend Chapter 876, Section 5, of the
Lansing Codified Ordinances by amending the list of establishments recognized
by the city as being in operation prior to the effective date of Chapter 876. For
more information please call 483-4177.
Interested Persons are invited to attend this Public Hearing
CHRIS SWOPE, LANSING CITY CLERK

DRAFT #1.4
MARCH 24, 2011
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND
3 CHAPTER 876, . SECTION 5, OF THE LANSING CODIFIED ORDINANCES BY
4 AMENDING THE LIST OF ESTABLISHMENTS RECOGNIZED BY THE CITY AS BEING
5 IN OPERATION PRIOR TO THE EFFECTIVE DATE OF CHAPTER 876.
6 THE CITY OF LANSING ORDAINS:
7 Section 1. That Chapter 876, Section 5 of the Codified Ordinances of the City of
8 Lansing, Michigan, be and is hereby amended to read as follows:
876.05. Medical Marihuana establishments in operation
10 There shall be a rebuttable presumption that any medical marihuana establishment not listed in
11 this section was not operating on the effective date of this ordinance. Medical marihuana
12 establishments recognized by the city as being in operation prior to the effective date of this
13 ordinance are:
14 (a) "Alternative Choicc Clinic" located at 2310 East Michigan Avenue;
15 fb)
16 Michigan Avcnuc;
17 (c) "Capitol City Compassion Club" located at 2010 East Michigan Avenue; .
18 (d) "Relief Choices" (Formerly "Clinical Relief') located at
19 Avenue;
20 (c) "Cloud 9" locatcd at 3113 South Ccdar Street;
21 {f) "Compassionate Apothecary Of Lansing" located at 2201 East Michigan
22 Avcnuc;
1
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DRAFT #1.4
MARCH 24, 2011
1 ()"Grand River Alternative Medicine" located at 711 East Grand River
2 Avcnuc;
3 ..
4 (i) "Helping Hands" to ated at 1100 South Cedar Street;
6 Hope Avcnuc;
e
7
8 .- A
9 (1) "The Kushion " located at 605 East Michigan Avenue;
10 (m) - i uchigan Caregivers" located at 718 West Saginaw Street;
11 k; •;; . g" located at 1821 East Michigan .Avenue;
12 (a) "Turtle's" located at 2121 East Michigan Avenue;
13 (p) "Victoria's Club Mcd A Sin" located at 1039 North Cedar Street;
14 (q) "Your H th Choice LLC" located at 628 East Michigan Avenue;
15
16 (s) "Michigan Medical Marihuana Club" located at 3203 North East Street;
17 (t) "Cannabis Relief Services" located at 3109 South Cedar Street;
18 (u) "Green Solutions USA, LLC" located at 3115 South Ponnsylvania Avenue;
19 (v) "L.B. Mary Jane" located at 3711 West Jolly Road;
20 (w) "Mid Michigan Patients Group" located at 821 East Kalamazoo Street;
21 (x) "Mid Michigan Patients Group" located at 3826 South Martin Luther King,
22 Jr. Blvd;
2
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DRAFT #1.4
MARCH 24, 2011
1 (y) "Pretendicia" located at 2011 North East Street;
2 (z) "Star Buds" located at 2012 North Larch Street;
3 (aa) "Best Buds" located at 1105 South Washington Avenue;
4 ..
5 ,., .
I
6
7 (dd) "Mary Jane's Compassion Club" located at 917 West Holmes Road;
8 (cc) "Critical Concepts" located at 6020 South Pennsylvania Avenue, Suite 8;
9 nt Group, LLC" located at 4921 Contec Drive;
10 (gg) "The Hidden Leaf located at 913 East Saginaw Street;
11 {hh) "Casa Dc Verde" located at 330 South Martin Luther King Jr. Boulevard;
12 (ii) "Nature's Best Medicine" located at 3308 South Cedar Street, Suite 10a;
13 (jj) "Liberty Clinic" located at 3310 Bardavillc Drive, Suite 1B;
14 (kk) "Casa Dc Verde" located at 3509 North East Street
15 (11) "Tri Castle Enterprise Inc" located at 6026 South Martin Luther King Jr.
16 Beialevu-Elt
17 (mm) "Bicameral Breakdown Ltd." Located at 1305 South Ccdar Street;
18 (nn) "THC Bakery & Cafe" located at 909 Sparrow Avcnuc;
19 {eeêz's-Delight" located at 1111 Chadburne Drive;
20 (pp) "G & S Concepts" located at 117 East Kalamazoo Street;
21 (qq) "Green Cross, LLC" located at 2021 East Michigan Avenue;
22 (rr) "Green Cross, LLC" located at 1221 Turner Street;
3
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DRAFT #1.4
MARCH 24, 2011
1 (ss) "Green Cross; LLC" located at 226 East Grand River Avenue;
2 (tt) "Buono's MMC" located at 1419 Turner Street;
3 (uu) "A + B Scrvicc Consultants" located at 3303 North East Street;
4 (vv) "A + C Scrvicc Consultants" located at 3303 North East Street;
5 (ww) "A + D Service Consultants" located at 3303 North East Street;
6 (xx) "A+ E Service Consultants" located at 3303 North East Street;
8 (zz) "A+ Caregiver" located at 1917 West Saginaw-Street
9 (aaa) "A Plus M" located at 3303 North East Strcct;.
10
11 She;
12 (ccc) "Mr. Nice Guy & ASSOCIATES" located at 509 East Grand River Avenue,
13 Suite C;
14 (ddd) "Rock Away Agency Inc." located at 3165 East Michigan Avenue;
15 (ccc) "Rock Away Agency Inc." located at 6120 South Cedar Strcct;
16 (fff) "Green Harvest Relcaf Clinic LLC" (aka "Green Harvest") DBA RELEAF
17 CLINIC located at 409 East Grand River Avenue;
18 (ggg) "The Herbal Connection" located at 1311 South. Cedar Avenue;
19 (hhh) "Michigan For The Future Inc" located at 915 N Washington Avenue;
20 (iii) "Great Lakes Super Medical Marijuana Services" located at 5812 D South
21 Cedar Street;
22 (jjj) "Amsterdam Herbal Connection" located at 1723 Bristol Street;
4
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DRAFT #1.4
MARCH 24, 2011
1 (lddc) "Medical Herbal Supplier:," located at 1723 Bristol Strect;
2 (111) "Apothcrcory Herbal Genetics" located at 1723 Bristol Strcct;
3 (nunnl) "Caregiver Correct" located at 1921 Hughes Street.
"A+B SERVICE CONSULTANTS" LOCATED AT 3303 NORTH EAST STREET;

5
6 (b) "A + CAREGIVER" LOCATED AT 1917 WEST SAGINAW STREET;
7
8 W. "A + C SERVICE CONSULTANTS" LOCATED AT 3303 NORTH EAST STREET;
9
10 ^d) "A PLUS M" LOCATED AT 3303.NORTH EAST STREET;
11
12 "BEST BUDS" LOCATED AT 1105 SOUTH WASHINGTON AVENUE;
13
14 "BUONO'S MMC" LOCATED AT 1419 TURNER STREET;
15
16 (g) "CANNABIS RELIEF SERVICES" LOCATED AT 3409 SOUTH CEDAR STREET;
17
18 (h) "CAPITAL AREA COMPASSIONATE CARE CENTER" DBA "CAPITAL CITY
19 CAREGIVERS" LOCATED AT 2208 EAST MICHIGAN AVENUE, SUITE B;
20
21 .1 "CAPITOL CITY COMPASSION CLUB" LOCATED AT 2010 EAST MICHIGAN
22 AVENUE;
23
24 "CASA DE VERDE" LOCATED AT 330 SOUTH MARTIN LUTHER KING JR.
25 BLVD;
26
27 a ".C + K ENTERPRISES" DBA "COMPASSIONATE APOTHECARY OF LANSING"
28 LOCATED AT 2201 EAST MICHIGAN AVENUE;
29
301, "CLOUD 9" LOCATED AT 3413 SOUTH CEDAR STREET;
31
32 (in) " CRITICAL CONCEPTS MANAGEMENT GROUP, LLC" LOCATED AT 6030
33 SOUTH PENNSYLVANIA AVENUE, SUITE 8;
34
35 "CRITICAL CONCEPTS MANAGEMENT GROUP, LLC" LOCATED AT 4924
36 CONTEC DRIVE;
37
38 "EVOLVE ALTERNATIVE COMMUNITY FOUNDATION CENTER" LOCATED
39 AT 2312 EAST MICHIGAN AVENUE AND 2314 EAST MICHIGAN AVENUE;
40
5
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DRAFT #1.4
MARCH 24, 2011
1 f "FIRST CLASS FLIGHT" LOCATED AT 4215 NORTH GRAND RIVER AVENUE;

2
3 (q) "GREAT LAKES SUPERIOR MEDICAL MARIJUANA SERVICES" LOCATED AT
4 5812-D SOUTH CEDAR STREET;
5
6 ft. "GREEN CROSS COMPASSION CLUB" LOCATED AT 2019 EAST MICHIGAN
7 AVENUE;
8
9 "GREEN LEAF CLINIC" LOCATED AT 900 WEST HOLMES ROAD, SUITE C;
10
11 "GREEN SOLUTIONS USA, LLC" LOCATED AT 3145 SOUTH PENNSYLVANIA
12 AVENUE;
13
14 (u) "G & S CONCEPTS" LOCATED AT 117 EAST KALAMAZOO STREET;
15
16 fyl "HELPING HANDS IMPORIAM LLC" LOCATED AT 4100 SOUTH CEDAR
17 STREET;
18
19 .(w. "HOMEMADE HYDROPONICS LLC/ QUALITY ALTERNATIVE MEDICINE"
20 LOCATED AT 930 EAST MT. HOPE AVENUE;
21
22 "HYDROWORLD LLC" LOCATED AT 4513 SOUTH MARTIN LUTHER KING
23 BLVD, 700 WEST BARNES AVENUE, AND 407 EAST GRAND RIVER AVENUE;
24
25 ,(y) "KGB DISTRIBUTORS" LOCATED AT 1.122 WEST HOLMES ROAD, SUITE 8;
26
27 iz2 "KUSHION COMMUNITY COMPASSION CENTER" LOCATED AT 605 EAST
28 MICHIGAN AVENUE;
29
30 (aa) "MARY JANE'S COMPASSION CLUB" LOCATED AT 917 WEST HOLMES
31 ROAD;
32
33 (bb) "MID-MICHIGAN PATIENTS GROUP" LOCATED AT 821 EAST KALAMAZOO
34 STREET, SUITE D2;
35
36 (cc) "MID-MICHIGAN PATIENTS GROUP" LOCATED AT 3826 SOUTH MARTIN
37 LUTHER KING, JR. BLVD;
38
39 (dd) "PRETENDICIA" LOCATED AT 2011 NORTH EAST STREET;
40
41 (ee) "ROCK AWAY AGENCY INC." LOCATED AT 3165 EAST MICHIGAN AVENUE;
42
43 (ff) "ROCK AWAY AGENCY INC." LOCATED AT 6420 SOUTH CEDAR STREET;
6
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DRAFT #1.4
MARCH 24, 2011
1
2 (gg^ "SJDR" DBA "MID MICHIGAN CAREGIVERS" LOCATED AT 718 WEST
3 SAGINAW STREET;
4
5 (hh) "STAR BUDS" LOCATED AT 2012 NORTH LARCH STREET;
6
7 (ii) "THE HERBAL CONNECTION" LOCATED AT 4314 SOUTH CEDAR AVENUE;
8
9 Q "T-N-T INDUSTRIES" LOCATED AT 2121 EAST MICHIGAN AVENUE;
10
11 (kk) "TOP SHELF BUDZ" LOCATED AT 1723 EAST MICHIGAN AVENUE;
12
,13 (ID "TRI-CASTLE ENTERPRISE INC" LOCATED AT 6026 SOUTH MARTIN LUTHER
14 . KING JR. BLVD;
15
16 (mm) "VICTORIA'S CLUB MED-A-SIN" LOCATED AT 1039 NORTH CEDAR STREET;
17
18 (nn) "YOUR HEALTHY CHOICE LLC" AND "TURTLE'S" LOCATED AT 628 EAST
19 MICHIGAN AVENUE.
20
21 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules
22 inconsistent with the provisions hereof are hereby repealed.
23 Section 3. Should any section, clause or phrase of this ordinance be declared to be
24 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof
25 other than the part . so declared to be invalid.
26 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
27 immediate effect by City Council.

28 Approved as to form:
29
30
31 City Attorney
32 Dated:
33
34
35
36
37
7
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DRAFT #1.4
MARCH 24, 2011
1
2
8
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n duct
BY COUNCILMEMBER DERRICK QUINNEY

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Asa Philip Randolph was born April 15, 1889, in Crescent City, Florida, to
Reverend James William Randolph and Elizabeth Robinson Randolph; and
WHEREAS, as a young man, Randolph attended the Cookman Institute in East Jacksonville,
Florida where he excelled in literature, drama, and public speaking, a star player on the school's
baseball team, and a soloist with the choir. He graduated Valedictorian of the 1907 class; and
WHEREAS, inspired by W.E.B. DuBois' "The Souls of Black Folk', he recognized an urgent call
to action for social equality and at the age of 21, Randolph joined the Socialist Party of America,
shunned moderate reform and racial integration, emphasizing instead socialism and craft
unionism; and
WHEREAS, Randolph organized his first union of elevator operators in New York City and by
1919, he became president of the National Brotherhood of Workers of America, a union, which
organized amongst African-American shipyard and dock workers in the Tidewater region of
Virginia. Although the union dissolved in 1921, under pressure from the American Federation of
Labor, Randolph was successful in 1925 organizing the Brotherhood of Sleeping Car Porters, to
which he was elected president; and
WHEREAS, in 1941, recognized as one of the most visible spokesmen for African-American
civil rights, Randolph, Bayard Rustin, and A.J. Muste proposed a march on Washington to
protest racial discrimination in war industries and to propose desegregation of the American
Armed forces. The march was cancelled after President Roosevelt issued Executive Order
8802, the Fair Employment Act, a success for African-American labor rights; and
WHEREAS, in 1947, Randolph, with colleague Grant Reynolds, formed the Committee Against
Jim Crow in Military Service, later renamed the League for Non-Violent Civil Disobedience,
leading to President Harry S. Truman's abolishment of racial segregation in the armed forces
through Executive Order 9981 issued on July 26, 1948; and
WHEREAS, in 1964, Asa Philip Randolph, Bayard Rustin, and Martin Luther King, Jr. led
250,000 people in a March on Washington for Jobs and Freedom. The Civil Rights Act of 1964
is often attributed in part to the success of the March on Washington, where black and white
Americans stood united and witnessed King's "I Have a Dream" speech; and
WHEREAS, Randolph was often referred to as the "father of the civil rights movement" for his
extraordinary contributions. He was presented with the Presidential Medal of Freedom on
September 14, 1964 by Lyndon B. Johnson, named Humanist of the Year in 1970 by the
American Humanist Association, and had statues erected in his honor in the concourse of the
Union Station in Washington D.C. and in Boston's Back Bay commuter train station;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes to
recognize his many great accomplishments by declaring his birth date, April 15, 2011, as A.
Philip Randolph Day in the City of Lansing, and by extending our gratitude to the A. Philip
Randolph Institute for carrying on his legacy.
BY COUNCILMEMBER CAROL WOOD
WHEREAS, a child in Michigan is reported as a victim of child abuse and neglect every
five minutes; over two-thirds of these victims are children age six and under; and
WHEREAS, Over 3 million reports of child abuse are made every year in the United
States; however, those reports can include multiple children. In 2007, approximately 5.8
million children were involved in an estimated 3.2 million child abuse reports and
allegations; and
WHEREAS, during periods of economic downturns, such as now, families are much
more vulnerable and the incidence of abuse increases particularly in families where a
parent abuses alcohol or drugs, has difficulty controlling anger or stress, and/or has
serious economic, housing or personal problems; and
WHEREAS, child abuse is one of our most serious, long-term public health problems,
often causing a wide range of medical, emotional, psychological and behavior disorders
such as depression, alcoholism, drug abuse, juvenile delinquency and the need for
special education services; and
WHEREAS, the warning signs that a child might be abused or neglected include
nervousness around adults, aggression towards children or adults, inability to stay
awake or concentrate for long periods, sudden dramatic changes in personality,
frequent or unexplained bruises or injuries, and low self esteem; and
WHEREAS, Lansing residents are encouraged to raise the issue, reach out to children
and parents in your neighborhood, remember the risk factors, recognize the warning
signs, and report suspected abuse or neglect to the police;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, declares
April 12, 2011, as Child Abuse Prevention Day and calls upon the residents of Lansing
to cherish all children and help them grow and develop free from physical, emotional,
and sexual harm.
RESOLUTION #
BY THE COMMITTEE ON WAYS AND MEANS
RESOLVED BY THE CITY COUNCIL OF.THE CITY OF LANSING
WHEREAS, the Department of Human Relations and Community Services (HRCS) submitted
a grant application to the Department of Housing and Urban Development (HUD) under the
2010 Continuum of Care Homeless Assistance Supportive Housing Program Notice of
Funding Availability (NOFA) application: and
WHEREAS, the HRCS applied for grant renewal funding for the following agencies: Advent
House Ministries, Capital Area Community Services, Gateway Community Services, Greater
Lansing Housing Coalition, Haven House, National Council on Alcoholism, St. Vincent DePaul
Society, and St. Vincent Catholic Charities for one-year renewal grants to support existing
Supportive Housing Program initiatives; and
WHEREAS, the HRCS has received notice from HUD that renewal grants were awarded for a
total amount of $I, 626,029; and
WHEREAS, the City of Lansing has received all ten of the grant agreements from HUD; and
WHEREAS, the remaining two grant agreements will be merged into one, the HRCS
Department is requesting approval of the ten received so to avoid delay in the processing of
grant contracts; and
WHEREAS, the sponsor agency shall be responsible for securing the required cash match
requirements stipulated by HUD in receiving said grant;
NOW, THEREFORE, BE IT RESOLVED the City of Lansing, Michigan, accepts the terms of
the grant agreement as received from HUD and the City of Lansing does hereby specifically
agree, but not by way of limitation as follows:
1. That the administration is authorized to create appropriate accounts and transfer

necessary funds to administer and monitor the grants and to appropriate such additional funds
as shall be necessary to complete the project subject to the City Council transfer policies.
2. To maintain satisfactory financial accounts, documents, and records to make them

available to HUD for auditing at reasonable times.
3. To implement the project and provide such funds, services, and materials as may be
necessary to satisfy the terms of said Agreements.
4. To authorize the Mayor of the City of Lansing to be the local authorized representative to
sign documents in behalf of the City of Lansing.
5. To comply with any and all terms of said HUD agreements, including all terms not
specifically set forth in the foregoing portion of this resolution.
BY THE COMMITTEE OF THE WHOLE
WHEREAS, Robin M. Smith has been a strong advocate for the Lansing Community,
volunteering her time and expertise in communications, serving on numerous Boards
and Commissions and community programs; and
WHEREAS, in 2003, Robin was appointed to the Lansing Board of Water and Light
Commissioners, serving as Chairman from 2005-2007, and initiating program
sponsorships for the Diversity and Inclusion Program, NAACP Founders Dinner, Martin
Luther King, Jr. Celebration, Cesar Chavez Celebration, and presenting at the American
Public Power Association; and
WHEREAS, as a Lansing Community College Trustee, Robin has served as

Chairperson of the Board, Chair of Personnel and Compensation Committee, Co-Chair
of the Presidential Search Committee, and served on the Foundation Board, on the
Michigan Community College Association, and as Secretary of the Association
Community College Trustee- Diversity Committee; and
WHEREAS, Robin is dedicated to promoting diversity in education, and works as a

mentor with the YES Club (Young Educators Society) within the Lansing School District,
a group that promotes student recruitment for the under-represented; and
WHEREAS, she is personally dedicated to fulfilling her role with the Lansing Community
College Foundation District Wide Advisory Council advising the Ingham County Youth
Commission, ensuring that youth from the community have a voice in government
policies relating to youth and diversity issues;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishes
to congratulate Robin M. Smith on her many accomplishments and on being the
recipient of the Greater Lansing Area Club's National Association of Negro Business
and Professional Women's Club 2011 Sojourner Truth Award. We wish you continued
success!
111 3'-i L

WHEREAS, Linda Sims has over twenty years experience in state government,
including positions as Legislative Director of the State Health Department and as a
County Commissioner; and
WHEREAS, Linda's passion for community service and planning prompted her to
establish S&S Business Services, which provides coordination of events, community
program development general consulting services, helping organizations around the
country fulfill their dreams. Her recognition and firm belief that partnerships are key to
successful business and personal relationships, cementing her place in the community
as a reliable and versatile businesswoman and partner; and
WHEREAS, she volunteers her time and expertise to organizations such as the Capital
City African American Cultural Association, of which she is a founding member, which
hosts the African American Parade and Family Festival each year; and
WHEREAS, she is also involved with Meeting Professional International, Society of

Association Executives, Business Travel Association, and the National Center for
Dispute Settlement. Her professionalism, wealth of information and leadership abilities
captured the attention of the Greater Lansing convention and Visitors Bureau, where
she previously sat on the Board of Directors and which led to her current position as the
Senior Advisor on the Multi-Cultural Diversity and Community Engagement for the
Greater Lansing Convention and Visitors Bureau;
to congratulate Linda Sims on her achievements and for being the recipient of the
Greater Lansing Area Club's National Association of negro Business and Professional
Women's Club's 2011 Community Service Award. Thank you for your continued
dedication to the City of Lansing and its residents!
W 5'T G

WHEREAS, James J. Jackson was born in Chicago, Illinois, the ninth of ten children.
Orphaned at age four, he was raised by his aunt and uncle, who both died by the time
James was nineteen; and
WHEREAS, James attended Chicago State College, Michigan State University and
Lansing Community College, and retired from the Michigan Department of State as a
State Executive; and
WHEREAS, James and his wife have four daughters and nine grandchildren. He enjoys
writing, traveling, and public speaking, particularly to youth groups; and
WHEREAS, he has written opinion columns for the Lansing State Journal since 1991
and has been a syndicated columnist and Editor in Chief of the Amy Foundation Internet
Writing Syndicate since 1996; and
WHEREAS, he is also syndicated by the Lutheran Voice of India, in the language of

Malayalam, has traveled in numerous countries as a missionary as well as for his job,
spending time in Africa, India, Sri Lanka, the Philippines, South Korea, Haiti, Japan and
Taiwan, distributing eyeglasses and other aid to the indigent and sharing the Gospel
message with others; and
WHEREAS, he serves as Mission Board Chairman at his church, training and preparing
others, including teens to go into missionary work here in the United States as well as
abroad; and
WHEREAS, he is currently working with the Rehoboth Church of Ethiopia in developing

a team that he will lead in 2011 for Gospel Training; and
WHEREAS, recently his first book, "In All Things" was published by Tate Publications, a
book which includes many of his best columns dealing with everyday life issues from a
faith based perspective;
to congratulate James J. Jackson on his many accomplishments, including being the
recipient of the Greater Lansing Area Club's National Association of Negro Business
and Professional Women's Club's 2011 Frederick Douglass Award. We wish you
continued success in all your future endeavors!
WHEREAS, Stacy Lewis is a fifteen year resident of Lansing, having worked from an
entry level position at State Farm Insurance Company to become the proud owner of
her own agency, Stacy Lewis State Farm Insurance; and
WHEREAS, driven by her passion for helping others, insurance seemed a natural
career choice, assisting her clients with retirement planning, educational planning for
their children, and asset protection; and
WHEREAS, Stacy is committed to her community and serves on the Board of Directors
for the South Lansing Community Development Association, is an annual participant in
the Capitol City African American Parade and Picnic, sponsor and vendor at the Mid-
Michigan Women's Expo, a member of the Lansing Exchange Club, and volunteers her
time with area Headstart programs teaching 911 and Fire Safety skills;
to congratulate Stacy Lewis on being the proud recipient of the Greater Lansing Area
Club National Association of Negro Business & Professional Women's Club, Inc. 2011
Business Excellence Award.
BY THE. COMMITTEE OF THE WHOLE
WHEREAS, Raynida Haynes is a junior at J.W. Sexton High School, with a 3.0 GPA, is
a Varsity cheerleader, member of the Youth Athletics Department and Sexton's sport
crew, which maintains the concession stand; and
WHEREAS, she is a member of the Paradise Maranatha Baptist Church, where she is
the assistant Church Clerk, a member and officer of the youth choir and youth usher
board. She regularly attends Sunday School and has served as secretary, and is an
active participant in the AWANA Club; and
WHEREAS, Raynida is a second degree ATA black belt martial artist in Tae Kwon Do, a
longtime Girl Scout, an officer in the Greater Lansing Area Youth Club, and a "Gear-up"
participant through Michigan State University;
to congratulate Raynida Haynes on being a proud recipient of the Greater Lansing Area
Club of the National Association of Negro Business and Professional Women's Club,
Inc. 2011 Youth on the Move award.
WHEREAS, Jayson L. Howell is a baptized member of Friendship Baptist Church,

where he has served as a youth usher since age 12 and currently serves as the lead
youth usher; and
WHEREAS, he has been an active Sunday School member for all of his life and has
provided assistance when asked to lead the call to worship and prayer for the worship
service. His dedication earned him an elected seat as a 2010 Youth Member of the
Friendship Baptist Church Advisory Council; and
WHEREAS, Jayson is currently serving as an elected 2010 Youth Member of the

Friendship Baptist Church Advisory Council; and
WHEREAS, he works two Sundays a month overseeing the church's audio system for
worship and supports the Sunday School Superintendent by leading the Sunday School
review at the Superintendent's request; and
WHEREAS, Jayson has volunteered each summer at the Westside YMCA as a

counselor-in-training since age 13, where he serves as a support counselor for the
summer camp staff; and
WHEREAS, last spring, Jayson applied and was selected, to be a Peace and Prosperity
Intern through the Ingham County Department of Community Health, which provides a
ten month paid leadership internship where youth research, plan, and implement
strategies to build a healthier community for Lansing residents. He represented the
Peace and Prosperity Movement as a participant in the Greater Lansing Food Bank's
"Growing Our Food System" conference on February 17, 2011; and
WHEREAS, Jayson is a natural leader, exhibited by his capabilities and willingness to

take on leadership roles that are asked of him. His church and community service
activities provide evidence of this young man's commitment to living a Christian life and
to providing his time and talents to the service of both his church and his community;
to congratulate Jayson L. Howell on being a proud recipient of the Greater Lansing Area
Club National Association of Negro Business & Professional Women's Club, Inc. 2011
Youth on the Move Award.
u,;
Chris Swope
Lansing City Clerk
April 7, 2011
President and Members of the Lansing City Council

10th Floor, City Hall
Lansing, MI 48933
Dear Council Members:
The attached request for Recognition of Non-Profit Status in the City of Lansing has
been submitted to the City Clerk's Office, and is being forwarded for your consideration
and appropriate action:
Michigan Recycling Coalition of P.O. Box 10070, Lansing, MI 48901
Sincerely,
Chris Swope, CMC

Lansing City Clerk
Lansing City Clerk's Office

Ninth Floor, City Hall. 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 0 517-377-0068 FAX
clerk.cityoflansingmi.com oclerk@lansingmi.gov
BY THE
WHEREAS, Michigan Recycling Coalition has requested a resolution of recognition as a

Local Nonprofit Organization operating in the City of Lansing for the purpose of
obtaining a charitable gaming license pursuant to MCL 432.103 (9); and
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit Organization;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,

recognizes the Michigan Recycling Coalition as a Local Nonprofit Organization
operating in the City of Lansing for the purpose of obtaining a charitable gaming license.
BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy of this

resolution to the Michigan Recycling Coalition of P.O. Box 10070, Lansing, MI 48901
PO Box 10070
Lansing, MI 48901
Phone: 517.974.3672
www.michiganrecycles.org
Bill Gum
MRC Board Chair
Haworth, Inc.
Lori Miller
MRC Board Vice Chair
Capitol Area Recycling & Trash
April 7, 2011
Patty O'Donnell
Treasurer
NWMCOG
K ate Neese 'Clerk

Secretary
Clinton County
City of Lansing
Roger Cargill
Schupan Recycling To Whom It May Concern,
Mike Csapo
The Michigan Recycling Coalition would like to be recognized by the City of Lansing
RRRASOC
as a statewide nonprofit operating in the City of Lansing.
Matt Pechter
MI Dept. of Natural Your prompt attention to this material is greatly appreciated.
Resources & Environment
W. Lee Hammond
Bata Plastics, Inc Sincerely,
Jack Iwema
Linda McFarland
Paragon Green LLC Kerrin O'Brien
Executive Director
Michael Marren
Mel Trotter Ministries
Esther Seaver
Midland Volunteers for
Recycling
Stephen Sheldon
Recycle Ann Arbor
Mary Jo Van Natter

Great Lakes Recycling
Kerrin O'Brien
Executive Director
Michigan Recycling Coalition
MXCHIGAN Charitable Gaming Division
Box 30023, Lansing, MI 48909
OVERNIGHT DELIVERY:
101 E. Hillsdale, Lansing MI 48933
f1 (517) 335-5780
LOTTERY www•michigan.gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES

(Required by MCL.432.103(K)(ii))
At a meeting of the
REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD
called to order by on
DATE
at a.m./p.m. the following resolution was offered:

TIME
Moved by and supported by
that the request from of

NAME OF ORGANIZATION CITY
county of , asking that they be recognized as a

COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining charitable
gaming licenses, be considered for

AP PROVAL/DISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: Yeas:
Nays: Nays: .
Absent: Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the at a
TOWNSHIP, CITY, OR VILLAGE COUNCIL/BOARD REGULAR OR SPECIAL
meeting held on
DATE
SIGNED:
TOWNSHIP, CITY, OR VILLAGE CLERK
PRINTED NAME AND TITLE
ADDRESS
COMPLETION: Required.
PENALTY: Possible denial of application.
BSL-CG-1153(R6109)
State of Michigan
Bureau of State Lottery
101 E. Hillsdale • P.O. BOX 30023 • Lansing, Michigan 48909
www.michigan.gov/cg • (517) 335-5780 • FAX (517) 267-2285
RICK SNYDER
GOVERNOR
March 18, 2011
Organization ID: 121154
Bill Gum
PO Box 10070
Lansing, MI 48901
11111 1111 iu 11111 11111 11111 1111 ID 1111111 111111
Dear Bill Gum:
We have received documentation to qualify your organization as a Local Civic organization to conduct
licensed gaming events as allowed by Act 382 of the Public Acts of 1972, as amended. A license was
issued to your organization for an event on 05/19/10 even though you had not completed the
qualification process.
No further licenses will be issued until you complete the qualification process, please submit the following
information:
1. A copy of the organization's current bylaws or constitution, including membership criteria, signed and
dated by your principal officer.
2. If incorporated, a complete filed copy of your Articles of Incorporation, including all amendments.
3. A provision in your bylaws, constitution, or Articles of Incorporation that states should the organization
dissolve, all assets, and real and personal property will revert: A. If exempt under 501(c)3, to another I/
501(c)3 organization. B. If not exempt under 501(c)3, to the local government.
4. A copy of a resolu ion passed by the local government stating the organization is a recognized
nonprofit organization in the communlit Form encoed s.
5. A revenue and expense statement for the previous 12 month period to prove all assets are used for,
charitable purposes, i.e. 990's, treasurer's report, audit. Do not send check registers or cancelled
checks. Explain the purpose of each expenditure made to an individual. Once the organization has
conducted licensed gaming events, the Bureau may require the organization to provide additional proof
that all assets are being used for charitable purposes.
6. A provision in the bylaws, constitution, or Articles of Incorporation indicating the organization will
remain nonprofit forever.
7. A written statement defining your membership criteria, if any. The charitable gaming rules require the
licensed gaming event chairperson(s) be a bona fide member for 6 months. If you do not have general
membership criteria, your chairperson(s) must be members of your board of directors.
Please enclose a copy of this letter with the requested information and mail or fax to 517/267-2285. Be
sure to include your organization ID number 121154 on all correspondence submitted to our office.
We look forward to working with you in the future. If you have any questions or need further assistance,
please contact us at 517/335-5780.
Sincerely, Charitable Gaming Division

BYLAWS
ARTICLE I. NAME
The name of this organization shall be the Michigan Recycling Coalition.
ARTICLE H. PURPOSE AND OBJECTIVES
The purpose and objectives of the Coalition shall be:
1. To promote sound solid waste management through source reduction,-reuse'and the recycling
and composting of waste material;
2. To promote the cooperation of recycling and composting programs, private industry, and
government agencies in a unified effort to increase the recovery of material resources;
3. To encourage information exchange and technical assistance among recyclers and
composters;
4. To provide information and education on source reduction, reuse, composting and recycling;
5. To increase demand for recycled products through public education;
o;function as, a;legislative. latforrntotrleet J,theeeds;of reg. , cliu coqst rig and. ,t
egra edssolid rvaste'maznagement; and s:{r
7. To promote research and development in source reduction, reuse, recycling and composting
technology and economics.
ARTICLE M. MEMBERSHIP
3.1 Qualification for Membership
A. Individual Member - any member who completes a membership application and provides the
appropriate dues shall be a voting member of the Coalition.
B. Organizational Member - Any business, organization, or government entity that completes a

membership application and provides the appropriate dues shall be a voting member of the
Coalition.
C. The terms, requirements and benefits of each membership category shall be determined by the
board.
3.2 Dues
The annual dues for each type of member shall be determined by the board of directors.
ARTICLE IV. MEETINGS OF MEMBERS
4.1 Annual Meeting - The annual meeting of members shall be held at such place, date, and time as
may be prescribed by the board of directors.
4.2 Special Meetings -Special meetings may be called by the chair or by the board of directors or
upon written request of 25 percent of the voting members.
4.3 Notice - Notice of all meetings of voting members shall be mailed by, or at the direction of, the
secretary to every member, postage paid, at the address shown in the records of the Coalition.
Such a meeting notice shall be mailed not less than 7 days prior to the date of such meeting. The
notice shall specify the place, date, and time of the meeting, and in the case of a special meeting,
the purpose of the meeting.
4.4 Quorum -A quorum for any meeting of the voting members shall be five percent of the voting
members.
4,5 Absentee - A member may vote in person or may select an alternate to place the vote.
ARTICLE V.BOA RD OFDIRECTORS
5.1 Number - The affairs of this coalition shall be managed by a non-paid board consisting of fifteen
voting members. The immediate past president may serve as an ex-officio member.
The members of the board of directors shall be chosen to represent the following groups of
recycling interests:
Six members representing various aspects of the recycling and solid waste industry, e.g. waste
haulers, end users, consulting firms, material brokers and environmental managers/engineers.
Six members from government, institutions, non-profits and community-based organizations.
Three members at large.
5.2 Qualifications - Any voting member of the Coalition is eligible to be a director.
5.3 Election -The directors shall be elected by the voting membership of the Coalition. A plurality of
the votes cast within each category of the board members is required for election.
5.4 Term of Office - Each director shall serve a term of two years from the date of election until the
date his or her successor is elected and assume office. Eight board members shall be up for
elected odd-numbered years and seven in even numbered years.
5.5 Vacancies - In the event of death or resignation of a director, the successor shall be elected by a
majority vote of the remaining board of directors.
ARTICLE VI. MEETINGS OF THE BOARD OF DIRECTORS
6.1 Regular Meetings - within 30 days after each annual meeting, the directors shall hold an
organizational meeting. If all directors are present at the time and place of the annual meeting, no
prior notice of board meeting shall be required to be given to the directors. The board of directors
May by resolutio't establish the date, time and place for other regular meetings of the board.
6.2 Special Meetings - Special meetings may be called by the chair and shall be called by him or her
at the request of at least three directors. Such special meetings may be held at such time and place
as the chair shall determine, and any business may be transacted at such meetings.
6.3 Notice of Meeting - Except as otherwise herein specifically provided, notice of regular meetings
shall be given at least seven days prior to the date of such meeting either personally, by mail, or
by telephone. Notice of special meetings shall be provided at least 48 hours prior to the time of
such meeting.
6.4 Quorum - A majority of the directors shall constitute a quorum.
6.5 Action Without a Meeting - Directors may take any action, in the absence of a meeting, which
they could take at a meeting, by obtaining the verbal approval of such action by telephone of a
majority of the directors then in office. The verbal approval must be- ratified- in writing at the next
regularly scheduled board meeting. Any action so taken shall have the same effect as if taken at a
regular meeting of the directors.
6.6 Removal, Resignation and Vacancies - Any member of the board of directors may be removed
from the board with cause by a unanimous vote of the other members of the board. A board
member who has had three consecutive absences from the board meetings may be removed from
the board upon a majority vote of the board. A vacancy in the board may be filled by a vote of the
board members at a board meeting held within 60 days. The member elected to fill such vacancy
shall serve until the next annual election of officers.
ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
7.1 General Powers - The board of directors shall have the power to:
1. Adopt and publish rules and regulations defining the objectives and direction of the Coalition;
2. Exercise for the Coalition all powers, duties, and authorities vested in, or delegated to, the
Coalition;
3. Employ a manager, an executive director or other employees and officials, prescribe their
duties and fix their compensation; and
4. Naive committees and -elect officers as specified in Articles VIII & IX. Additional
committees may be established by the board if required.
7.2 Duties - It shall be the duty of the board of directors to cause to be kept a record of all business
and proceedings of its meetings, and to cause to be presented at the annual meeting of all
members a report reviewing the business and affairs of the Coalition for the year. Board members
must'serve on committees as needed.
7.3 Delegation and Change of Duties -In the event of absence or disability of any director, the board
may delegate, during such absence or disability, the powers and/or duties of such director to any
other board members.
ARTICLE VIII. OFFICERS
8.1 Officers - The officers of this Coalition shall be a chair, vice chair, a secretary, and a treasurer.
.The board; of ditectors;shall;.select;these officers from amnongxboardembers at its annua'_,
1:;...,L,..su:.3.3.,..1.-.:: : ..^. a.aa..:. i.:. .-:SPI'.tisa`._ f'....+ ; ....
orgaruzatiaizal ,meeting Thezterm of office shall be for a period of one year or until their
successors are elected and assume office, unless an officer resigns or is removed.
8.2 Chair - The chair shall preside at all meetings of the members of the Coalition and the board of
directors. The chair shall sign, for the Coalition, such contracts and other documents as he or she
may be authorized by the board. to sign, and shall. perform all acts. and duties, usually perfonned.
by a chair or as prescribed by the board.
The chair, with the advice and consent of the board, will appoint committee chairs and members of
standing committees.
8.3 Vice Chair - The vice chair shall perform the duties of the chair in his/her absence.
8.4 Secretary - The secretary shall be responsible for the following duties: to keep a complete record
of all meetings of the Coalition, and the board of directors; to serve notice of the meetings of the
board of directors and of the members; to keep appropriate records showing members and their
addresses; and perform other duties as may be required by the board. An assistant secretary may
be authorized by the board to perform any of the duties of the secretary. '
8.5 Treasurer - The treasurer shall keep such records, make such reports and perform such other
duties as may be required by the board.
ARTICLE IX. COMMITTES
9.1 Executive Committee - The officers of the Coalition shall constitute the executive committee.
The committee shall have general supervision of the Coalition's affairs between meetings of the
boat d itsactto.ns andre coO*ndatrons''shahbe gubject;to reviewandapprov the;.. .d
9.2 Nominating-Committee - A nominating committee of a minimum of three members shall be
appointed by the chair and approved by the board.
The committee shall seek recommendations. from the board and the membership. The final slate should
reflect the Coalition's diverse membership and the requirements of Article V, 5.1. The
nominating committee shall send its recommended slate of directors to the membership at least 25
days before the annual election.
9.3 Standing Committee- Standing committees, such, as fund development, bylaws and finance may
be established by the board. The chair and membership shall be appointed by the coalition chair.
9.4 Other Committees - Other committees shall be created as the board of directors deems
appropriate. All members are eligible to serve on committees as voting members .4 ieast^;one<
board embez!miist'serve';oneach
to m.. ! com=ittee ,°although
t A /.L« M "hp ._
R Jmmaittêe"'
..} îot;necessarily c ; 1 a ;;^ comm
W > p, x;, ^:.n ,: •
;4e,•
' members must be members of the Coalition and the Coalition char is an ex-officio member of
every committee except the nominating committee. The board will establish additional guidelines
for committee structure and operation.
ARTICLE X. FINANCIAL ADMINISTRATION: BOOKS, RECORDS AND AUDIT
10.1 Inspection - The books, records and papers of the Coalition shall, at all times during reasonable
business hours, be subject to inspection by any voting member of the Coalition at the office of the
Coalition.
10.2 Execution of Coalition Documents - When the execution of any instrument has been authorized
by the board without specifying the executing officer, such instrument may be executed by any
two of the following officers: the chair, the vice chair, the secretary, or the treasurer. The board of
directors may, however, authorize any of such officers to sign any such instrument for, and on
behalf of, the Coalition, and may designate officials or employees of the Coalition other than
those named above to sign such instruments.
10.3 Fiscal Year - The fiscal year of the Michigan Recycling Coalition shall begin on October 1 each
year.
10.4 Budget - A budget for the ensuing year shall be submitted to the board of directors for approval.
LQ..5 Audit - The financial records of the Coalition shall be reviewed annually and audited as needed.
A financial report shall be presented at each annual meeting.
ARTICLE XI. EXECUTIVE DIRECTOR
11.1 Duties and Responsibilities - The executive director, selected and employed by the board of
directors, shall be the executive head of the Coalition under the direction and control of the chair
and the board. The executive director shall have authority to disburse funds, to employ members
of the staff and to promote, demote, transfer, discipline and discharge such members all in
conformity with regulations and procedures recommended by the personnel committee and
authorized by the board of directors. The executive director shall keep the chair and board
informed concerning the affairs and activities of the Coalition. The executive director shall make
such recommendations to the chair and the board as he or she believes will be helpful to them in
determining the policies of the Coalition.
11.2 Attendance at Meetings - Unless excused by the chair, the executive director shall attend without
vote all meetings of the members and the board.
ARTICLE X:[I. AMENDMENT OF BYLAWS
12.1 These bylaws may be amended at any meeting of the members of the Coalition by a two-thirds
vote of those present provided the amendment has been approved by the board and submitted to
the membership in writing at least 14 days in advance.
12.2 Proxy Vote - The board of directors may send members a proxy notice with the proposed bylaw
amendments, stating that if the proxy is not returned before the meeting, the member's vote will
be cast by the chair of the board.
ARTICLE XIII. PARLIAMENTARY AUTHORITY
13.1 The rules contained in the current edition Robert's Rules of Order shall govern the Coalition in all
cases in which they are applicable and not inconsistent with these bylaws and any special rules or
regulations prescribed by the Coalition.
ARTICLE XIV. RESTRICTION ON COALITION ACTIVITIES
14.1 No part of the Coalition's funds or the income there from shall inure to the benefit of any
director, member or any private individual, except that reasonable compensation may be paid for
services rendered to or for the Coalition affecting one or more of its purposes.
14.2 The Coalition shall not engage in any act of self-dealing as defined in S4941(d) of the Internal
Revenue Code of 1954 or corresponding provisions of any subsequent federal tax laws.
14.3 The Coalition shall not make any investments in such manner as to subject the Coalition to tax
under S44944 of the Internal Revenue Code of 1954 or corresponding provisions of any
subsequent federal tax laws.
14.4 The Coalition shall not make any taxable expenditures as defined in S4945(d) of the Internal
Revenue Code of 1954 or corresponding provision of any subsequent federal tax laws.
ARTICLE XV. LIMITATION OF PERSONAL LIABILITY OF VOLUNTEER DIRECTOR

J5,1 The Coalition shall indemnify and save harmless any and all of its directors or officers or any
person who may have served or who may hereafter serve, at its request, as a director or officer of
the organization, against the expenses actually and necessarily incurred by them in connection
with the defense of any action, suit or proceeding in which they or any of them are made parties
or a party by reason of being or having been directors of the Coalition. This provision, however,
shall not eliminate or limit the liability for any of the following:
a} A breach of the director's duty of loyalty to,the Corporation or its members;
b) Acts or omissions not in good faith or that involve intentional misconduct or a
knowing violation of the law;
c) A violation of section 551(1) of the Michigan Non-Profit Corporation Act;
d) A transaction from which the director derived an improper personal benefit;
e) An act or omission occurring before January 1, 1988; or
fl An act or omission that is grossly negligent.
ARTICLE XVI. DISSOLUTION
16.1 Upon dissolution of the Coalition, any assets remaining after payment of, or provision for, its
debts and liabilities shall be paid to organizations qualifying as exempt organizations
corresponding to provisions under the provision Section 501(c)(3) of the Internal Revenue Code
or corresponding provisions of subsequently enacted federal law. No part of the net assets or net
earnings of the Coalition shall inure to the benefit of or be paid or distributed to an officer,
director, member, employee or donor of the Michigan Recycling Coalition.
Tn C Department of the Treasury
g IRS Internal Revenue Service
P.O. Box 2508 In re p ly refer to: 024845.492.1..
Cincinnati OH 45201 Oct. 31, 2008 LTR 4168C Et)
38-2466754 000000 00 000
00015612
BODC: TE
MICHIGAN RECYCLING COALITION

PO BOX 10070
LANSING MI 48901
020378
Employer Identification Number: 38-2466754

Person to Contact: MS. EVANS
Toll Free Telephone Number: 1-877-829-5500
Dear TAXPAYER:
This is in response to your request of Oct. 22, 2008, regarding your

tax-exempt status.
Our records indicate that a determination letter was issued in

JULY 1985, that recognized you as exempt from Federal income tax,
and discloses that you are currently exempt under section 501(c)(3)
of the Internal Revenue Code.
Our records also indicate you are ngt a private faundatian within the
meaning of section 509(a) of the Code because you are described in
section 509(a)(2).
Donors may deduct contributions to you as provided in section 170 . of

the Code. Bequests, legacies, devises, transfers, or gifts to you or
for your use are deductible for Federal estate and gift tax purposes
if they meet the applicable provisions of sections 2055, 2106, and
2522 of the Code.
If you have any questions, please call us at the telephone number

shown in the heading of this letter.
Sincerely Yours,
Michele M. Sullivan, Oper. Mgr.

Accounts Management Operations I
CERTIFIED PUBLIC ACCOUNTANTS • A PROFESSIONAL CORPORATION
To the Board of Directors

Lansing, Michigan
We have compiled the accompanying statements of financial position of the Michigan Recycling
Coalition as of September 30, 2010 and 2009 and the related statements of activities and cash flows
for the years then ended and the accompanying supplementary information for the years then ended
contained on page 6, which is presented only for supplementary analysis purposes, in accordance
with Statements on Standards for Accounting and. Review Services issued by the American, Institute
of Certified Public Accountants.
A compilation is limited to presenting in the form of financial statements information that is the
representation of management. We have not audited or reviewed the accompanying financial
information and, accordingly, do not express an opinion or any other form of assurance on them.
Management has elected to omit substantially all of the disclosures required by generally accepted
accounting principles. If the omitted disclosures were included in the financial statements, they
might influence the user's conclusions about the Coalition's financial position, change in net assets,
and cash flows. Accordingly, these financial statements are not designed for those who are not
informed about such matters.
càirchi&1 Led eC Rjce, Tc

Lansing, Michigan
November 11, 2010
Statements of Financial Position
September30, 2010 and 2009
2010 2009
ASSETS
CURRENT ASSETS
Cash $ 59,872 $ 38,069
Accounts receivable 375 3,038
60,247 $ 41,107
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES
Deferred dues revenue $ 8,206 2,100
UNRESTRICTED NET ASSETS 52,041 ' 39,007
$ 60,247 41.107
See accountant's report. -2-

Statements of Activities
Years Ended September 30, 20W and 2009
2010 2009
REVENUES AND SUPPORT
Annual conference $ 86,958 $ 52,333
Dues 34,035 29,183
Other programs and workshops 9,988 12,194
Recycling certification 743 1,629
Contributions 325 790
Other 100 130
Total revenue and support 132,149 .96,259
EXPENSES
Program services 95,611 66,571
Management and general 23,504 13,226
Total expenses 119,115 79,797
CHANGE IN NET ASSETS 13,034 16,462
NET ASSETS, beginning of year 39,007 22,545

NET ASSETS, end, of year. $.. 52,041, $. 39,007
See accountant's report. -37

MICHIGAN. RECYCLING COALITION
Statements of Cash Flows
Years Ended September 30, 2010 and 2009
2010 2009
CASH FLOWS FROM OPERATING ACTIVITIES
Cash collected from members and others $ 140,694 $ 90,896
Cash paid for expenses (118,891) (79,797)
Net cash provided by operating activities 21,803 11,099
CASH FLOWS FROM FINANCING ACTIVITIES

Decrease in notes payable (3,100)
INCREASE IN CASH AND CASH EQUIVALENTS 21,803 7,999
CASH AND CASH EQUIVALENTS, beginning of year 38,069 30,070
CASH AND CASH EQUIVALENTS, end of year $ 59,872 $ 38,069
RECONCILIATION OF CHANGE IN NET ASSETS TO

NET CASH FLOWS FROM OPERATING ACTIVITIES
Change in net assets $ 13,034 $ 16,462

Adjustments to reconcile change in net assets to
net cash provided by operating activities
(Increase) decrease in accounts receivable 2,663 (2,098)
Increase (decrease) in deferred dues 6,106 (3,265)
Net cash provided by operating activities $ 21,803 $ 11,099

Schedules of Expenses
Years Ended September 30; 201°0 and 2009`
2010 2009
Subcontracted services 48,548 $ 38,691

Conference and event expenses 40,997 17,395
Graphic design 2,400 2,000
Accounting fees 1,200 1,350
Bank and credit card fees 2,138 1,249
Bad debt expense 224
Dues and subscriptions 400 520
Insurance 1,190
Advertising and promotion 5,670 775
Miscellaneous 400 454
Postage 390 352
Printing 4,406 3,814
Awards 273 233
Supplies 802 776
Technology 162
Telephone 2,142 1,837
Travel and meals 3,190 2,340
Training and conference fees 450
Website 4,133 8,011
Total expenses $ 119,115 $ 79,797

7
V
-y
!) (Non Profit Dom, fic

ARTICLES OF INCORPORATION
,^^„ _Mi ti4+^ 1aea alievr srfalitJoe

Show It Galgewpawt
-A
Thew At AA* 1.Om - AMr if*
w..ssat"e to Ms t
,l irr Ms mac s Fs^ hw • erf!R' ^':
et Ad 1fc Act 6 l
b .,
A,AXTICUI. E
T swoon . eK p tsesin fe. ,rhldii teeper ois , la suss sd e. w 4onoo r
I, S,. TO premota sound solid waste san*geseent through the recyc

of waste material.
To promote the cooperation of recycling program, private
inehastxy, and government agencies i a unified effort to
increase the recycling *twilit* ayt.xia1.
To ancourage lnforeation age end technical assistance
among recyc tern .
To provide information and education On wa*te eduction and
recycling.
S. To increase demand for recyoiad products 0h: Q00 public education
6. To function as a legislative platform to meet the need, of
recycling and ma-id waste manage men t ,
7. To promote reasarc7 and development in recycling te0hrIOLogy
w
awl ecaeic c5.
■t
- otepoteats. mpameed "tam sort-Ptook r r.r ear Rwtir...
01 tem. a *0*41.ae br,a. ($ 1n 1M AN +w 1

FIJI
TIr w I mo*M f 0 ^^w+aa 0' o 1t r. c.
in w 001 Iwo. .0oho^ .
0' Ow per veto. e1 pr+ siren„
A J.& - 0 e+A M eny ii O i4*. peww4 a !lshlo, *10 Om ,.
I10liws nwe$slw theme. h ens
Of vP00 roorb.0004 &oat Who povogroplh (o) °bow' or■4,fWl I tti. Ml
eormorlo of sites vrhi!e$t ooLd orporolOoO ^ • Cie
Properly!, ,
*CCU. pdoA food w(ltre.. K Moor* ''rwn■.)
30 axp^rrrttert b LftrierititOd ir■llf■ef the 'Ding P
NtnberlthiD .Ueli
An= LV,
odclrvss of the tnttfoi regfirlerlsel effko I.
'P.O. iaox F. 9U N.44.0t9r.y. Shoat. Ow*** f...4;ditoorl

.4.6. rrrt Ittort (Timm or 0,0
i?rs ,rotting of Ow* Inh°Loi regleonid offLoi U (flood not

octreit1i:
SAM
4P+.. Olio+ 094
g'.em* of tfs. 9G MoI rvtlcforrt event of the rooteorod offleo
Glen Boob
AIMCUI V.
The porno* Or■d OINIMSIP, of ON& FOCI!WpOelft0fS 690 Of fOOOW‘t
Nomad as of Iloo4otAaf#r.*.h
partel% jots 178 w. 11th rein a

llaQd; 1+t # kW 3
(gam lifter') eel* edriirfonei plrtrv4dorwa utbortrd by iM Act')
4o,
IN ViTTKESS ontliusiqnsitt, the intemperate"' of *he obovoinoooocl horouroO,
shred thew /Miles of Incorgiolrotlon on tom- 1'67 , day of 1

DEC 984
Adr.tree er
'AMAX 0 ("Mitt NI
rime:1.m I Setae" wine
. l: -
CERTIFICATE OF AMENDMENT TO THE ARTICLES OF INCORPORATION
+1- Per us. by Domestic Carporetion.
1=4,
[Ptm.o Mod IrtstructioNS PApOtIre0o'1t H04ttiCtIO0 A: 00tiee O Nett PsOo) a -V
i, nef.:4irtf.
of.t. vIyr an to the pteirin.lens et Act Z94, Put:0k Acts of i -n.
en amended (Went Gomotationsh or Act 162.
- a executes the foiTcrieft
of 11P32 (oxetproet corporations) the und'arsigeed corporates
_
..:4
.%t,
I. Tha pray 1t magma . Michigan Recycling Coalition
2. The corporation Identification number Krt) ZIZJOnigl by Itla EiUre*tf

:
The location of let registered OtTiCe

911 N. tlfekory Street Omosto
-.mien 1 pmi -„
t o.
%eie .t -of ma tee A
,t ..n
.t73.. , ag.o
es of front) re'OrMion Is twifebyj .
as follows: nio
Said corporation is organized exclusively for charitable, religiees, educational ., and

scientific, p ur p oses, including, for such purposes, the making of distributions to or-
.
ganization; that qealify as exempt organizations under Section 501(eir) of the Interna
Revenue Code of 1954 (or the corresponding provision of any future United States
j Internal Revenue Um).
No part of the net ea rnings of the corPoratim shall inure to the benefit of, or be
distributable to, its members, trustees, officers, or other private persons, except that
the corporation shall be authorized and wpoweed to pay reasonable compensation for
services rendered and to make paynents and distributions in furtherance of the purposes
set forth in Article Third hereof. No substeetial part of the activities of the car- -
poratlon shall t;4 the carrying on of pmpaganda_, or otherwise attempting to influence
legislation, and the corporation shall not participate in, or intervene in (includ ing
the publishing or distribution of statements) any political campaign on b ehalf of any
candidate for public office. notwithstanding any other provision of these Articles, :4
the corporation shall not Carry on any other activities not permitted to be carried ofi . e
(a) by a corporation exempt from federal income tai under Section 5O1(c)(3) of the
Internal Revenue C044 1954 or the correspoeding provision of any fu t ure Vetted ,
States Internal Revenue Law) or (b) by a corporation, contributions to which are
deductible tAd,er Section 170(c)(2) of the Internal Revenue Code of 1934 (or the core
responding provision of any future. United States Internal Reline* Law).
■I* *al m0i. Own Woo doe 'so . 0,ow1opoO : eta)
MIOIIOAN trA It $01 04 $ (Ohy.,A ItC t - POOA110N AND MCUOIT 4f.$ Ph/0J
FILED
JUL 3 SBA
t.KlffaM Oc-PARINDI T OF COINVKFICE

ttorl.naltn fk Saran ifteS But,69
C -102
00100MATTON AND VtSlItUCTIONS
Mid** of Corpomtfono
Oblviodlag IcdoelMolo*f Corpore'Noco)
I, Ankle 0 Avoid vwn*4 ;mow* *wm*^ the speak,ropmo or obifOe'whkh the corPomflovA h
orvanbMI: 4
2, Arlie* Ie.vt Owe. IroorpoNooft brit t*qvito& Arad* VI-At loon thf*k Idliveora for flfvflqo'4
rPqvit*d. The odIvItosHo *holci iloctocii a wort nvmbe q pogro (or other
odditloo to the . mow of they eilry *rod Oaf*
Ma thotisrom of tf** corporatloel shou$ci be doted LI* Anklet only It *o dust/ fa *Of pmpo*ool.
*rm*l bu il,tood Ink by *loc fnaarForaw.w., The ooroos of kmrponrtor* 'ewst ool
Arildo V shovfqi gorrmpomil with the oupoOvinn..
As **W M, daft, :*t later dmg, 90 days suborquom to the tiros of Moe, may be tvomd in she ArOdso
of.
.4%
4. One o■■tke wpv fh. AMdes rts:tulfei. A Ov■l gcPPY 60 PIPPOred bY tfwe CoflocRIOAso 4md
Socovem 4*rem+ and rowtood to Ott perms *wttrtwfttFng eh* A■tkhs for ffliag-.
Me MAO !?tlrwp Pry MOO frenclris*t foool $20.00. Meeks ot meow or.ion *hold mode
gm-obi* so the Shaft of PAUbtigoo.
a, Afltdm of (otorpoeothm *md Aim $■ .

Mi.01f.e
.. 0q,orfmP.110 . of Commorm
Cotl*00901 01WO $v &pool,
Cmpsvotkm Df*40*%
f, 4. fewer C
**Mg.* AM!,
r'
yyi. L, k a,tlikv
...A r ticle,
, , Vilt of the Articles
the Orporatton f%Bohereby tr to r90d fO11000t:
Upon of the corporation, the Board of Trustees shall. attar p a y i ng or
making prOvitiOn_ , for the PaYrntnt oaf' all of the liabilittet Of' the tOrporattOn, dis.
pose of all of the assots of the corporation exclusively for the PUrIPOSO of tho tor- *
Po*t i On in such manner * or to such organization or organizations. oentec
,xclosivoly for charitable, oducatiomal„ religious, or scientific purpose* as shall at A.
thet tine qur at aneeCx.emptof
organization or organizations under Section 5Ol(c.)(3)
of ha Intenalalify Revenu ode 1964 (or the corrospol
- x1in g provision of future
UM W States In ern al Revenue Law) , the Board of TrJstees . s hal t determ
anyne.
'. Any . .'. sf'
such *stets not.tto ditposed of ll as
be disposed of by the Court of Conran Pleas of th,eii,t r t!
county in ' Ateh the principal off'ico of they corporation is then located, exclusively , r f+4
for such purposes or to sOot organization or organizations, as Said Court shall deter-
Ar ,-. . mine, which are organized aod operated oxclusively for such purposes. .
id; r g
,!-.. ,
'.y--:-
-1'
.■
& COMPI Te SECTION 4a) lF THE -AMENpwiENT WAS AOQPTEO EiY 'T UNANIMOUS CONSENT OP THE
INCORPORATOR(S) O(FORE ,TtI FIRST MEETit OP mg f3QAAO Of DIRECTORS OR 'TPVS7EE_$
OTHERWISE,. CGMtPLETh 6d. 1 (b)
The _foroQoing amendment to the Artict.s of Incorporation was duly adopted on the er dray
-, in accordance with the provIKtoni of 1hrs Act by the unis olmoua ,

CtlriP"1 of the Ie*corporOtortsl b.tdre the Wet meettrtg of the board of directors or trusfoaf_
S40nort We:. :day of
4Si aturet of all Incorporetors: type or print name under each gr ,alure)
The foregoing aamendrnera3 to the Articles of Incorporation fluty adopted on the

tit Novenber
_, 19 he amendment: 1oNeck one of the following)
wig duly adopted in accordance with Section 611(21 of the Act by the vote of the ohsrchpldrre if ,at
profit corporation, Qr by the vote at th* shareholders or members 8 nonprofi Corp iron. or by
the vote of the tweeters if a nonprofit corporation organized on a n:,nstock 'Proctorship basiL The
nett dory +•oi. a were cast in favor of lhit a ndmmarst,
was duty adopted' by the written consent of ao the lectors pursuant to Section -25 of the Act and
the corporation is a nonprofit corporation orgarti2ed on a nc *c 'Pr'pcorship basis,
wee duly adopted by the written Ccnfent of the shareholders or members havir?ig net less Iran tho ''
minimum number of votes rerge ed by $Wute in sccordanee with Secliprl 40713) and L2) of the Act
Written notice tq Oarehole3ers or members who have t304 Consented in writing ha* been given, . .
(No4a: Written consent by r 'Ni" of trio tflarQAc cars or members s peranlttod only if ),rob ; a;
prOvision eppee'e in the Artotos of irtCC er,: rector=.)
Q was duly adopted by the written consent-of a the Rarehotdors or members entitled to 'votrt in
accordance with Section 40743) of the Act
Paneta D. Bayes. Ktchl9an Recyc^ Ong tartT on Cha^rpersonl

to*ar Pram awe pm x..t
Chris Swope
Lansing City Clerk
April 8, 2011
President Robinson and Members of the Lansing City Council

10th Floor City Hall
Lansing, MI 48933
Dear President Robinson and Council Members:
The State of Michigan Liquor Control Commission has provided notice of the issuance of
permits authorizing the sale of spirits, mixed spirit drink and/or beer and wine on Sunday
morning to:
• Carlo Litrenta at 6065 S. Washington Ave.

• JJF, Inc. dba Piazzano's at 1825 N. Grand River Ave.
• N. Johnson, LLC dba Sav Mor II at 820 W. Miller Rd.
• Aldi, Inc. (Michigan) dba Aldi #19 at 6555 S. Pennsylvania Ave.
If I, or my staff, can provide further assistance or information relative to these permits,

please contact us at 483-4131.
Sincerely,
Chris Swope, CMC

Lansing City Clerk
Cc: Lansing Police Department

Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
www.lansingmi.gov/clerk ❑ clerk@lansingmi.gov
d
OFFICE OF THE MAYOR

124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bernero
DATE: April 7, 2011
RE: Memorandum-Responsibility for Employment-Related Training, Complaints and Investigations
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer"

TO: JOAN JACKSON JOHNSON, DIRECTOR, HRCS
TERRI SINGLETON, DIRECTOR, HUMAN RESOURCES
FROM: VIRG BERNERO, MAYOR
DATE: MARCH 31, 2011
RE: RESPONSIBILITY FOR EMPLOYMENT RELATED TRAINING,

COMPLAINTS, AND INVESTIGATIONS
The Department of Human Relations and Community Services ("HR/CS") was

established for the purpose of facilitating provision of basic human services and cultural arts
programs to Lansing citizens. It has also historically enforced the City's Human Rights
Ordinance, which seeks to eliminate various forms of discrimination in the City. A parallel
function having similar aims with respect to City employees was also situated in HRCS.
However, the Department of Human Resources ("HR") has historically been responsible
for all aspects of City employment. Although HR/CS and HR are each very well trained,
experienced, and equipped to handle discrimination and harassment matters, from an operational
perspective, it makes most sense to consolidate all employee-related discrimination, harassment,
and similar concerns within HR. This allows HR/CS to focus on its mission-critical functions of
addressing such concerns across the City as a whole. It also clarifies for City Hall employees the
proper place to bring their concerns and designates HR a "one stop shop" in City Hall, just as it
is in other public and private sector employers.
Thus, HR will now be the designated Department for discrimination, harassment, and
related matters within City Hall and HR/CS will be the designated Department for such matters
outside of City Hall. The responsibility for any training, handling of complaints, and
investigations arising out of the City's function as an employer, including matters concerning
discrimination or harassment and complaints with the Michigan Department of Civil Rights
("MDCR"), the Equal Employment Opportunity Commission ("EEOC"), and other agencies in
which the City or its employees or agents are parties, shall be handled by HR. The responsibility
for any training, handling of complaints, and investigations outside the context of the City's
function as an employer, including matters concerning discrimination or harassment between or
among non-employee citizens, the enforcement of the City's Human Rights Ordinance, and
community and neighborhood mediation, shall remain the responsibility of HRCS.
S:\Attorney_Staff'ADMINISTRATIVE\Mayor\MEMO RE HR; HRCS FUNCTIONS.doc

OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
FROM: Mayor 'Virg Bernero
DATE: April 7, 2011
RE: Resolution-Acquisition of Property by Donation- Sesquicentennial Sculpture
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
To: Virg Bernero, Mayor
From: William C. Rieske, Asst. Planning Manager
Subject: CITY COUNCIL AGENDA ITEM - Act-1-11, Sesquicentennial Sculpture
Date: April 6, 2011
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.
Attachments

BY THE PLANNING AND DEVELOPMENT COMMITTEE
Act-1-11, Sesquicentennial Sculpture
WHEREAS, the Economic Development Corporation and the Lansing Sesquicentennial

Foundation request that the City accept the donation of a Sesquicentennial Sculpture on
the east side of the Grand River, between Michigan Avenue and Shiawassee Streets; and
WHEREAS, the City is encouraging public art and pedestrian activity in the downtown
area; and
WHEREAS, the sculpture is donated, and is receiving no city general fund support.;
and
WHEREAS, on April 5, 2011, the Planning Board reviewed the location, character, and
extent of the proposal in accordance with its Act 33 Review procedures and found that:
® The sculpture is proposed to be located near the Rivertrail, highly accessible by
foot in an area where pedestrian traffic is encouraged. It is linked by the Rivertrail
to a large number of Lansing attractions, thereby enhancing the pedestrian
orientation of the downtown.
• The sculpture is a gleaming loop, mounted on a concrete pad. A raised walkway,
accessible by a ramp, leads to the sculpture so it can be viewed up close or at a
distance. Its sleek and modern appearance complements the new Accident Fund
building across the river.
® The sculpture takes up a small niche in the park, leaving room for pedestrian
activity, and will not impede public park uses; and
WHEREAS, the Board voted unanimously (4-0) to recommend approval of Act 1-11, to
accept the donation of the Sesquicentennial Sculpture as proposed, with conditions
regarding safety, maintenance, and upkeep; and
WHEREAS, the Committee on Development and Planning has reviewed the report and
recommendation of the Planning Board and concurs therewith;
NOW, THEREFORE BE IT RESOLVED, that the Lansing City Council hereby approves
Act-1-11, the request by the Lansing Sesquicentennial Foundation and the Economic
Development Corporation that the City accept the donation of the Sesquicentennial
Sculpture, with the following conditions:
1. Sealed design and construction drawings be sealed and submitted to Building

Safety for their review and approval,
2. A certified playground safety inspector review the plans, especially regarding
specific issues include pinch, crush, and shear points, protrusion and entanglement
points, and areas of entrapment,
3. A maintenance plan and endowment/trust fund be established for maintenance and
upkeep of the sculpture and plaza.
4. Any utilities in this area be moved as needed and any existing irrigation system be
re-designed and installed.
BE IT FINALLY RESOLVED, that the Mayor, on behalf of the City, is hereby authorized
to sign and execute all documents necessary to effectuate the aforementioned
transaction(s), subject to their prior approval as to content and form by the City
Attorney.
OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
FROM: Mayor Virg Bemero
DATE: April 7, 2011
RE: Resolution-Accepting Grant from National Recreation and Park Association

(NRPA)- Park and Recreation Agency's
Community Garden Programs
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
From: Murdock Jemerson, Director
Subject: CITY COUNCIL AGENDA ITEM - Grant from National Recreation and Park
Association (NRPA)
Date: April 7, 2011
Attachments

WHEREAS, the National Recreation and Park Association (NRPA), through a gift from
the J. R. Albert Foundation, announced the availability of grant funds to support park and
recreation agency's community garden programs; and
WHEREAS, the Department of Parks and Recreation supports, encourages, and promotes
the use of parklands for community gardens, nutrition and healthy lifestyles; and
WHEREAS, the Department of Parks and Recreation in association with the Allen
Neighborhood Center, continues to work collaboratively to make Hunter Park the focus
point for these types of activities; and
WHEREAS, the Department of Parks and Recreation completed and submitted the
NRPA "Grow Your Park" grant application; and
WHEREAS, the NRPA does not require a local matching financial contribution to be
eligible to apply for this grant; and
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council supports and
accepts the NRPA "Grow Your Park" grant; and
THEREFORE, BE IT ALSO RESOLVED the administration is authorized to accept the

funding and abide by the terms and conditions of the grant agreement.
CITY of LANSING
INTEROFFICE COMMUNICATION
DATE: April 7, 2011
TO: Jerry Ambrose, Chief of Staff

Mayor's Office
FROM: Murdock Jemerson; Director

Parks and Recreation Department
RE: . Request for Grant Acceptance
On March 31, 2011, I was notified by the National Recreation and Park Association
(NRPA) that our grant proposal to their new "Grow Your Park" program was selected for
funding in the amount of $10,000.00. The focus of this grant . is to document our efforts
at educating our youth in community gardening, nutrition and healthy lifestyles. Hunter
Park is the park where we currently have an. abundance of this type of activity in, place.
We will work with the Allen Neighborhood Center and its Executive Director, Joan
Nelson, to complete the grant items. Each grantee will receive the Grow Your Park
community gardening handbook to aid in the development of gardens and programs.
Additionally, we will receive from the NRPA a digital video camera to record and report
back to the NRPA our progress. .
I am requesting that ..we forward the. Attached notification from the NRPA to the City
Council for their approval prior to April 15, 2011.
cc: Virg Bernero, Mayor

Randy Hannan, Deputy Chief of Staff
OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Adoption of Michigan
Vehicle Code and Uniform Traffic Code
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
From: BRIG SMITH, CITY ATTORNEY
Subject: Resolution- Introduction of Ordinance & Setting Public Hearing- Adoption of Michigan
Vehicle Code and Unifonn Traffic Code
Date: April 7, 2011
Attachments

TO: VIRG BERNERO, MAYOR
JERRY AMBROSE, CHIEF OF STAFF
RANDY HANNAN, DEPUTY CHIEF OF STAFF
FROM: BRIG SMITH, CITY ATTORNEY

SARA STURING, SPECIAL ASSISTANT CITY ATTORNEY
DATE: APRIL 4, 2011
RE: ADOPTION OF THE MICHIGAN VEHICLE CODE AND THE

UNIFORM TRAFFIC CODE
Our office recommends introduction of an ordinance repealing the City's current Traffic
Code and adopting the Michigan Vehicle Code and the Uniform Traffic Code promulgated by
the Michigan State Police for use by municipalities. Adoption of these codes will align our
traffic laws with those of the state and most other municipalities in Michigan, eliminating
inconsistencies that result in preemption of our Traffic Code while minimizing necessary
revisions when the state law changes. Additional components included in the draft ordinance
recommended for introduction include (1) adoption of the Motor Carrier Safety Act, which was
previously added to the existing Traffic Code; (2) adoption of state law regulating snowmobile
operation, which is also contained in the existing Traffic Code; and (3) a number of provisions
unique to the City of Lansing, such as the prohibition on overnight street parking, procedures for
donation of abandoned bicycles, and special event parking regulations.
S:\Attorney_Staff\ORDINANCES\ADOPTION OF MVC AND UTC\Cover Memo to Mayor Re Introduction.doc

DRAFT #1.3
December 20, 2010
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO REPEAL PART 4
3 OF THE LANSING CODIFIED ORDINANCES AND REPLACE IT WITH A NEW PART 4
4 ADOPTING BY REFERENCE THE MICHIGAN VEHICLE CODE, THE UNIFORM
5 TRAFFIC CODE PROMULGATED BY THE MICHIGAN STATE POLICE IN 2003, AND
6 OTHER RELATED STATE LAWS AND TO OTHERWISE PROVIDE FOR THE
7 REGULATION OF VEHICLES, TRAFFIC, AND THE USE OF CITY STREETS.
9 Section 1. That Part 4 of the Codified Ordinances of the City of Lansing, Michigan, be
10 and is hereby repealed and replaced with the following:
11 PART 4. TRAFFIC CODE
12 CHAPTER 402. ADOPTION OF THE MICHIGAN VEHICLE CODE
13 402.01. ADOPTION OF THE MVC
14 FOR THE PURPOSE OF PROVIDING FOR THE REGULATION AND USE OF STREETS
15 AND HIGHWAYS, PUBLIC ACT 300 OF 1949, BEING MCL 257.1 ET SEQ., AS
16 AMENDED, COMMONLY REFERRED TO AS THE MICHIGAN VEHICLE CODE
17 ("MVC"), COPIES OF WHICH ARE AVAILABLE IN THE CITY CLERK'S OFFICE, IS
18 ADOPTED BY REFERENCE, AS THOUGH SET FORTH HEREIN IN FULL, WITH THE
19 FOLLOWING ADDITIONS AND ALTERATIONS:
20 (a) PARKING AT A PARKING METER IN VIOLATION OF AN OFFICIAL SIGN PLACED
21 UPON THE PARKING METER SHALL BE CONSIDERED A VIOLATION OF THE
22 PROVISIONS OF MCL 257.674(1)(n), •MCL 257.674(1)(w), OR BOTH.
1
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DRAFT #1.3
December 20, 2010
1 (b) THE PROVISIONS OF MCL 257.674 SHALL APPLY ON LANSING COMMUNITY
2 COLLEGE PROPERTY.
3 (c) THE POLICE DEPARTMENT IS AUTHORIZED TO IMPLEMENT AND ADMINISTER
4 A PROGRAM FOR VOLUNTEERS TO ISSUE CITATIONS FOR CERTAIN PARKING
5 VIOLATIONS, IN ACCORDANCE WITH MCL 257.675d.
6 (d) THE PUBLIC SERVICE DEPARTMENT MAY DESIGNATE ROUTES FOR VEHICLES
7 EXCEEDING THE LENGTH SPECIFIED IN MCL 257.719(3)(a).
(e)(1) THE PUBLIC SERVICE DEPARTMENT MAY ISSUE PERMITS PURSUANT TO
9 MCL 257.719a AFTER VERIFYING THAT THE REQUIREMENTS OF THAT SECTION
10 AND MCL 257.719b HAVE BEEN MET.
11 (2) THE PUBLIC SERVICE DEPARTMENT MAY ISSUE PERMITS PURSUANT TO MCL
12 257.725 AFTER VERIFYING THAT THE REQUIREMENTS OF THAT SECTION HAVE
13 BEEN MET.
14 (3) IN ORDER TO OBTAIN A PERMIT UNDER THIS SUBSECTION, THE PUBLIC
15 SERVICE DEPARTMENT MAY REQUIRE AN APPLICANT TO DO ANY OF THE
16 FOLLOWING: (A) PAY A FEE IN ACCORDANCE WITH STATE LAW, (B) SUBMIT ANY
17 VEHICLE FOR WHICH A PERMIT IS SOUGHT TO A SAFETY INSPECTION AND PAY A
18 REASONABLE INSPECTION FEE, (C) OBTAIN A POLICE ESCORT AND PAY ANY
19 NECESSARY FEES IN ASSOCIATION THEREWITH, (D) INDEMNIFY AND HOLD
20 HARMLESS THE CITY FOR ANY DAMAGES ARISING OUT OF THE PERMITTED
21 ACTIVITIES, AND (E) COMPLY WITH ANY OTHER CONDITION THE PUBLIC
22 SERVICE DEPARTMENT DEEMS NECESSARY TO PROTECT THE SAFETY OF THE
2
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DRAFT #1.3
December 20, 2010
1 PUBLIC OR TO ENSURE AGAINST UNDUE DAMAGE TO THE ROAD FOUNDATIONS,
2 SURFACES, STRUCTURES, OR INSTALLATIONS.
3 (f) THE PUBLIC SERVICE DEPARTMENT MAY DESIGNATE HIGHWAYS WHERE
4 LOADING IN EXCESS OF THE NORMAL LOADING MAXIMUMS IS PERMITTED,
5 PURSUANT TO MCL 257.722(2).
(g) THE PUBLIC SERVICE DEPARTMENT MAY SUSPEND THE RESTRICTIONS OF
7 MCL 257.722, IMPOSE THE RESTRICTED LOADING REQUIREMENTS OF MCL
8 257.722., OR BOTH, PURSUANT TO MCL 257.722(10).
9 402.02. MISDEMEANOR VIOLATIONS OF THE MVC
10 ANY PERSON WHO VIOLATES A PROVISION OF THE MVC AS ADOPTED BY THIS
11 CHAPTER FOR WHICH THE PROVISION DESIGNATES VIOLATION AS A
12 MISDEMEANOR IS RESPONSIBLE FOR A MISDEMEANOR UNDER THIS SECTION
13 AND SUBJECT TO A FINE OF UP TO $500 PLUS COSTS, IMPRISONMENT FOR UP TO
14 93 DAYS, OR BOTH.
15 402.03. MUNICIPAL CIVIL INFRACTION VIOLATIONS OF THE MVC
16 ANY PERSON WHO VIOLATES ANY OTHER PROVISION OF THE MVC AS ADOPTED
17 BY THIS CHAPTER IS RESPONSIBLE FOR A MUNICIPAL CIVIL INFRACTION UNDER
18 THIS SECTION AND SUBJECT TO A CIVIL FINE, PLUS COSTS AND OTHER
19 PENALTIES PROVIDED BY LAW.
20 CHAPTER 404. ADOPTION OF THE UNIFORM TRAFFIC CODE
21 404.01. ADOPTION OF THE UTC
Document in Unnamed
DRAFT #I.3
December 20, 2010
1 FOR THE PURPOSE OF SUPPLEMENTING THE REGULATIONS CONTAINED IN THE
2 MVC, THE UNIFORM TRAFFIC CODE FOR CITIES, TOWNSHIPS, AND VILLAGES,
3 PROMULGATED BY THE MICHIGAN STATE POLICE IN 2003 ("UTC"), BEING 2009 AC,
4 R 28.1001 ET SEQ., COPIES OF WHICH ARE AVAILABLE IN THE CITY CLERK'S
5 OFFICE, IS ADOPTED BY REFERENCE, AS THOUGH SET FORTH HEREIN IN FULL,
6 WITH THE FOLLOWING ADDITIONS AND ALTERATIONS:
7 (a) THE FOLLOWING DEFINITION IS ADDED TO RULE 1:
8 CENTRAL BUSINESS DISTRICT MEANS THE AREA OF THE CITY BOUNDED ON THE
9 SOUTH BY MAIN STREET; ON THE WEST BY PINE STREET; ON THE NORTH BY
10 SAGINAW STREET; AND ON THE EAST BY THE GRAND RIVER, EXCEPT AT
11 MICHIGAN AVENUE, WHERE IT IS BOUNDED BY THE WEST SIDE OF THE N.Y.C.R.R.
12 TRACKS.
13 (b) WHERE THE UTC USES "THIS GOVERNMENTAL UNIT" OR "THE
14 GOVERNMENTAL UNIT," IT SHALL MEAN "THE CITY."
15 (c) WHERE THE UTC USES "THE ORDINANCE MAKING BODY," IT SHALL MEAN
16 "COUNCIL."
17 (d) SUBSECTION (1) OF RULE 125 SHALL READ: THE OFFICE OF TRAFFIC
18 ENGINEER IS HEREBY ESTABLISHED. THE TRAFFIC ENGINEER SHALL EXERCISE
19 THE POWERS AND DUTIES OF THE OFFICE IN A MANNER THAT IS CONSISTENT
20 WITH PREVAILING TRAFFIC ENGINEERING AND SAFETY PRACTICES AND IN THE
21 BEST INTERESTS OF THE CITY. IF A TRAFFIC ENGINEER IS NOT APPOINTED, THEN
4
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DRAFT #1.3
December 20, 2010
1 THE AUTHORITY OF THE TRAFFIC ENGINEER SHALL BE VESTED IN THE
2 DIRECTOR OF PUBLIC SERVICE OR HIS OR HER DESIGNEE.
3 (e) THE FOLLOWING LANGUAGE IS ADDED TO THE END OF RULE 140: THE FEE
4 FOR SUCH A PERMIT SHALL BE ESTABLISHED BY COUNCIL RESOLUTION.
5 (f) THE FOLLOWING LANGUAGE IS ADDED TO THE END OF RULE 141: THE
6 OPERATING HOURS FOR ALL METERED PARKING IN THE LANSING MUNICIPAL
7 PARKING SYSTEM ARE 8:00 A.M. THROUGH 6:00 P.M., MONDAY THROUGH
8 FRIDAY.
9 (g) THE FOLLOWING LANGUAGE IS ADDED AFTER RULE 151:
10 (1) THE TRAFFIC ENGINEER OR HIS OR HER DESIGNEE MAY ESTABLISH TRUCK
11 ROUTES WITHIN THE CITY AND DESIGNATE WHICH OF THE TRUCK ROUTES ARE
12 SUBJECT TO SPRINGTIME RESTRICTIONS. THE TRAFFIC ENGINEER SHALL
13 MAINTAIN AND MAKE AVAILABLE, FOR A FEE ESTABLISHED BY COUNCIL
14 RESOLUTION, MAPS DISPLAYING THE TRUCK ROUTES AND INDICATING WHICH
15 OF THE TRUCK ROUTES ARE SUBJECT TO SPRINGTIME RESTRICTIONS.
16 (2) NO PERSON SHALL OPERATE A TRUCK ON A STREET NOT DESIGNATED AS
17 PART OF A TRUCK ROUTE, EXCEPT FOR EITHER OF THE FOLLOWING PURPOSES,
18 SUBJECT TO SUBSECTIONS (3) AND (4):
19 (A) TRAVELLING DIRECTLY FROM A TRUCK ROUTE TO A DESTINATION WHERE
20 FREIGHT IS BEING PICKED UP OR DELIVERED, OR
21 (B) TRAVELLING DIRECTLY TO A TRUCK ROUTE FROM A POINT OF ORIGIN.
5
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DRAFT #1.3
December 20, 2010
1 (3) NO PERSON SHALL OPERATE A TRUCK WITHIN THE CENTRAL BUSINESS
2 DISTRICT TO PICK UP OR DELIVER FREIGHT BETWEEN 11:00 A.M. AND 2:00 P.M. OR
3 BETWEEN 4:00 P.M. AND 6:00 P.M. ON ANY DAY OTHER THAN SUNDAY.
4 (4) NO PERSON SHALL OPERATE A MOTOR VEHICLE, TRAILER, OR TRUCK IN A
5 MANNER REQUIRING A LICENSE UNDER CHAPTER 852 IN THE CENTRAL BUSINESS
DISTRICT BETWEEN 11:00 A.M. AND 6:00 P.M. ON ANY DAY OTHER THAN SUNDAY.
7 (h) THE FOLLOWING LANGUAGE IS ADDED TO THE END OF RULE 153:
8 ALL PERMANENT TRAFFIC CONTROL ORDERS IN EFFECT ON THE EFFECTIVE
9 DATE OF THIS ORDINANCE AND NOT INCONSISTENT WITH THE PROVISIONS OF
10 THIS ORDINANCE SHALL REMAIN IN EFFECT UNTIL RESCINDED OR MODIFIED BY
11 TRAFFIC CONTROL ORDER.
12 (i) THE FOLLOWING LANGUAGE IS ADDED TO THE END OF RULES 155 AND 156:
13 THE FEES FOR THESE PERMITS SHALL BE SET BY COUNCIL RESOLUTION.
14 (j) THE FOLLOWING LANGUAGE IS ADDED AFTER RULE 618:
15 (1) THE POLICE DEPARTMENT MAY IMPOUND ANY BICYCLE FROM A PUBLIC
16 WAY OR PUBLIC PROPERTY WHEN IT IS (A) IMPROPERLY PARKED AND CREATING
17 A HAZARD OR (B) ABANDONED.
18 (2) UPON IMPOUNDING A BICYCLE, THE POLICE DEPARTMENT SHALL GIVE
19 NOTICE TO THE OWNER IN ANY MANNER REASONABLY CALCULATED TO
20 INFORM THE OWNER THAT THE BICYCLE WAS IMPOUNDED AND HOW TO
21 RETRIEVE THE BICYCLE. UNLESS A MANNER MORE LIKELY TO NOTIFY THE
22 OWNER IS AVAILABLE, NOTICE MAY BE GIVEN IN THE FORM OF A NEWSPAPER
6
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DRAFT #1.3
December 20, 2010
1 ANNOUNCEMENT OR POSTING ON THE POLICE DEPARTMENT'S WEBSITE
2 DESCRIBING THE PROVISIONS OF THIS SUBSECTION.
3 (3) UPON PAYMENT OF ANY STORAGE FEES INCURRED BY THE CITY, THE
4 BICYCLE SHALL BE RETURNED TO ITS OWNER.
5 (4) ANY BICYCLE NOT CLAIMED WITHIN SIX MONTHS OF ITS IMPOUNDMENT
MAY BE DONATED, UPON APPROVAL BY COUNCIL, TO A STATE LICENSED
7 CHARITABLE ORGANIZATION.
8 (5) STATE LICENSED CHARITABLE ORGANIZATIONS MAY APPLY TO
9 PARTICIPATE IN THE CITY'S BICYCLE DONATION PROGRAM BY SUBMITTING THE
10 FOLLOWING TO THE CITY CLERK: (A) PROOF OF STATE LICENSURE AS A
11 CHARITABLE ORGANIZATION; (B) A MISSION STATEMENT OR OTHER
12 DESCRIPTION OF THE ORGANIZATION'S PURPOSE; (C) A DESCRIPTION OF THE
13 INTENDED USE OF THE BICYCLES, INCLUDING ANY METHOD AND ELIGIBILITY
14 CRITERIA FOR DISTRIBUTION; (D) AN AGREEMENT TO INDEMNIFY AND HOLD
15 HARMLESS THE CITY FOR ANY DAMAGES RESULTING FROM DONATION OF THE
16 BICYCLES; AND (E) AN AGREEMENT TO PROVIDE, UPON REQUEST, A LIST OF THE
17 NAMES AND ADDRESSES OF ANY RECIPIENTS OF THE BICYCLES. THE CITY
18 CLERK SHALL SUBMIT ANY SUCH APPLICATIONS TO COUNCIL FOR REFERRAL TO
19 THE APPROPRIATE COMMITTEE.
20 (6) THE CITY WILL ATTEMPT TO DONATE BICYCLES ON A ROTATING BASIS TO
21 ALL APPROVED ORGANIZATIONS IN ROUGHLY EQUAL NUMBERS. DONATED
22 BICYCLES MUST BE PICKED UP FROM THE QUARTERMASTER UNIT BY THE
7
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DRAFT #1.3
December 20, 2010
1 RECIPIENT ORGANIZATION. ANY DONATED BICYCLES THAT ARE NOT PICKED UP
2 BY THE RECIPIENT ORGANIZATION MAY BE DONATED TO ANOTHER APPROVED
3 ORGANIZATION IN THE DISCRETION OF THE QUARTERMASTER UNIT.
4 (k) THE FOLLOWING LANGUAGE IS ADDED AFTER RULE 822:
5 (1) NO PERSON SHALL PARK ANY VEHICLE ON EITHER SIDE OF ANY STREET
6 BETWEEN 2:00 A.M. AND 5:00 A.M. OF ANY DAY.
7 (2) NO PERSON SHALL PARK A TRUCK ON A STREET FOR MORE THAN ONE HOUR
8 AT A TIME.
9 404.02. SPECIAL EVENT PARKING
10 (a) THE LANSING MUNICIPAL PARKING SYSTEM MAY IMPOSE SPECIAL EVENT
11 FEES FOR PARKING IN CITY PARKING FACILITIES DURING SPECIAL EVENTS. TWO
12 TIERS OF SPECIAL EVENT FEES SHALL BE SET BY COUNCIL RESOLUTION: A
13 PREMIUM SPECIAL EVENT PARKING FEE SHALL BE SET AT DOUBLE THE AMOUNT
14 OF THE STANDARD SPECIAL EVENT PARKING FEE. FOR ALL SPECIAL EVENTS
15 NOT OTHERWISE COVERED BY THIS SECTION, STANDARD SPECIAL EVENT
16 PARKING FEES SHALL APPLY UNLESS THE LANSING MUNICIPAL PARKING
17 SYSTEM, IN CONSULTATION WITH THE SPONSOR OF THE SPECIAL EVENT,
18 DETERMINES THAT PREMIUM PARKING RATES SHALL APPLY DUE TO (1)
19 ANTICIPATED COSTS TO THE CITY FOR PARKING ENFORCEMENT RESOURCES IN
20 EXCESS OF THOSE AVAILABLE TO THE CITY IN THE NORMAL COURSE OF
21 BUSINESS OR (2) THE ANTICIPATED NEED TO ALLOCATE PARKING AMONG AN
22 UNUSUALLY HIGH NUMBER OF EXPECTED ATTENDEES.
8
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DRAFT #1.3
December 20, 2010
1 (b) FEES FOR PARKING IN THE STADIUM PLAZA LOT AND THE LANSING CENTER
2 LOT AT TIMES OTHER THAN THEIR NORMAL OPERATING HOURS WHEN
3 BASEBALL GAMES ARE HELD AT THE LANSING BASEBALL STADIUM SHALL BE
4 SET BY COUNCIL RESOLUTION, IN ACCORDANCE WITH ANY GOVERNING
5 AGREEMENT BETWEEN THE CITY AND THE LESSEE OF THE LANSING BASEBALL
6 STADIUM.
7 (c) IN ACCORDANCE WITH ANY GOVERNING AGREEMENT BETWEEN THE CITY
8 AND THE LESSEE OF THE LANSING BASEBALL STADIUM, SPACES IN CITY
9 PARKING FACILITIES MAY BE DESIGNATED FOR USE DURING A BASEBALL
10 SEASON BY PERSONS WHO HAVE PURCHASED SEASON PARKING PASSES FOR A
11 FEE SET BY COUNCIL RESOLUTION.
12 (d) EVENTS HELD AT THE LANSING CENTER SHALL BE GIVEN PRIORITY IN
13 RESERVING THE LANSING CENTER PARKING LOTS AT STANDARD SPECIAL
14 EVENT PARKING FEES. OTHERWISE, ON DAYS ON WHICH BASEBALL GAMES ARE
15 HELD AT THE LANSING BASEBALL STADIUM, THE PARKING FEE SHALL BE AN
16 AMOUNT SET BY COUNCIL RESOLUTION IN ACCORDANCE WITH ANY
17 GOVERNING AGREEMENT BETWEEN THE CITY AND THE LESSEE OF THE LANSING
18 BASEBALL STADIUM.
19 (e) THE LANSING MUNICIPAL PARKING SYSTEM IS HEREBY AUTHORIZED TO
20 CONTRACT WITH NONPROFIT ORGANIZATIONS FOR THE OPERATION OF CITY
21 PARKING FACILITIES OUTSIDE OF THE NORMAL OPERATING HOURS OF THOSE
22 PARKING FACILITIES, AT TIMES WHEN THE NONPROFIT ORGANIZATION IS
9
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DRAFT #1.3
December 20, 2010
1 HOLDING A SPECIAL EVENT IN THE CITY THAT OFFERS RECREATION,
2 ENTERTAINMENT, ENRICHMENT, OR CULTURAL ACTIVITIES TO THE GENERAL
3 PUBLIC.
4 (1) ANY PERSON PARKING IN A CITY PARKING FACILITY OPERATED PURSUANT
5 TO THIS SUBSECTION WHOSE PARKING IS NOT OTHERWISE AUTHORIZED BY A
6 MONTHLY PARKING PERMIT SHALL BE CHARGED A FEE CONSISTENT WITH THIS
7 SECTION. A CONTRACT ENTERED INTO PURSUANT TO THIS SUBSECTION MAY
8 PROVIDE THAT. THE NONPROFIT CORPORATION IS ENTITLED TO ANY AMOUNT
9 COLLECTED AFTER DEDUCTING BOTH (A) THE CITY'S COST OF OPERATING ITS
10 PARKING FACILITIES, INCLUDING THE EMPLOYEE WAGES AND BENEFITS
11 ATTRIBUTABLE TO THE CITY'S OPERATION OF THE PARKING FACILITIES AND (B)
12 10% OF THE FEES COLLECTED.
13 (2) ANY CONTRACT ENTERED INTO PURSUANT TO THIS SUBSECTION SHALL
14 REQUIRE THE NONPROFIT ORGANIZATION TO (A) INDEMNIFY AND HOLD
15 HARMLESS THE CITY FOR ANY DAMAGES INCURRED AS A RESULT OF THE
16 CITY'S OPERATION OF CITY PARKING FACILITIES OUTSIDE OF THEIR NORMAL
17 OPERATING HOURS AND (B) FILE WITH THE CITY CLERK PROOF OF AN
18 INSURANCE POLICY NAMING THE CITY AS AN ADDITIONAL INSURED PARTY,
19 APPROVED BY THE CITY ATTORNEY, AND PROVIDING LIABILITY COVERAGE IN
20 AN AMOUNT ESTABLISHED BY THE FINANCE DEPARTMENT.
21 404.03. FINES FOR PARKING VIOLATIONS
10
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DRAFT #1.3
December 20, 2010
1 (a) SUBJECT TO SUBSECTIONS (b), (c), AND (d), FINES FOR PARKING VIOLATIONS
2 SHALL BE SET BY COUNCIL RESOLUTION. THE FINES SET BY CQUNCIL
3 RESOLUTION SHALL INCLUDE A RATE FOR FINES PAID WITHIN 14 DAYS OF
4 ISSUANCE OF THE CITATION, AN INCREASED RATE FOR FINES PAID WITHIN 28
5 DAYS OF THE ISSUANCE OF THE CITATION, AND AN ADDITIONALLY INCREASED
6 RATE FOR FINES PAID WITHIN 42 DAYS OF ISSUANCE OF THE CITATION.
7 (b) ANY PERSON PAYING A FINE FOR AN EXPIRED METER VIOLATION IN PERSON
8 AT THE PARKING VIOLATIONS BUREAU SHALL PAY A REDUCED RATE SET BY
9 COUNCIL RESOLUTION DURING THE FIRST TWO HOURS AFTER THE TICKET WAS
10 ISSUED.
11 (c) FAILURE TO PAY THE PRESCRIBED FEE FOR PARKING IN A CITY PARKING
12 FACILITY UPON EXITING THE PARKING FACILITY SHALL CARRY A FINE SET BY
13 COUNCIL RESOLUTION IN ADDITION TO THE UNPAID PARKING FEE.
14 (d) ANY PERSON WHO FAILS TO PAY A FINE SET PURSUANT TO THIS SECTION
15 WITHIN FORTY-TWO DAYS FROM THE DATE OF ISSUANCE OF THE TICKET SHALL
16 BE RESPONSIBLE FOR A CIVIL INFRACTION PUNISHABLE AS PROVIDED BY LAW.
17 404.04. PARKING ENFORCEMENT WORKERS
18 PARKING ENFORCEMENT WORKERS ARE HEREBY AUTHORIZED TO ISSUE
19 PARKING VIOLATION TICKETS AND AFFIX COPIES TO ANY VEHICLE FOUND
20 PARKED IN VIOLATION OF THIS CHAPTER.
21 404.05. PARKING VIOLATIONS BUREAU
11
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DRAFT #1.3
December 20, 2010
1 PURSUANT TO MCL 600.8395, A PARKING VIOLATIONS BUREAU IS HEREBY
2 ESTABLISHED WITHIN THE PARKING SERVICES OFFICE FOR THE PURPOSE OF
3 ACCEPTING CIVIL INFRACTION ADMISSIONS IN PARKING VIOLATION CASES AND
4 COLLECTING AND RETAINING CIVIL FINES AND COSTS.
5 404.06. MISDEMEANOR VIOLATIONS OF THE UTC
6 ANY PERSON WHO VIOLATES A PROVISION OF THE UTC AS ADOPTED BY THIS
11 404.07. MUNICIPAL CIVIL INFRACTION VIOLATIONS OF THE UTC
12 ANY PERSON WHO VIOLATES ANY OTHER PROVISION OF THE UTC AS ADOPTED
14 THIS SECTION AND SUBJECT TO A CIVIL FINE CONSISTENT WITH THIS CHAPTER,
15 PLUS COSTS AND OTHER PENALTIES PROVIDED BY LAW.
16 CHAPTER 406. ADOPTION OF THE MOTOR CARRIER SAFETY ACT

17
18 406.01. ADOPTION OF THE MCSA
19 FOR THE PURPOSE OF PROMOTING SAFETY UPON THE PUBLIC HIGHWAYS BY
20 REGULATING THE OPERATION OF CERTAIN VEHICLES, TO ESTABLISH THE
21 QUALIFICATIONS OF PERSONS NECESSARY FOR THE SAFE OPERATION OF SUCH
22 VEHICLES, TO LIMIT THE HOURS OF SERVICE OF PERSONS ENGAGED IN
23 OPERATING SUCH VEHICLES, TO REQUIRE THE KEEPING OF RECORDS OF SUCH
12
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DRAFT #1.3
December 20, 2010
1 OPERATIONS, TO PROVIDE FOR THE ASSESSMENT OF FEES, AND TO PROVIDE
2 PENALTIES FOR VIOLATIONS OF THIS CHAPTER, PA 181 OF 1963, BEING MCL 480.11
3 ET SEQ., AS AMENDED, COMMONLY REFERRED TO AS THE MOTOR CARRIER
4 SAFETY ACT ("MCSA"), COPIES OF WHICH ARE AVAILABLE IN THE CITY CLERK'S
5 OFFICE, IS ADOPTED BY REFERENCE, AS THOUGH SET FORTH HEREIN IN FULL.
6 406.02. MISDEMEANOR VIOLATIONS OF THE MCSA
7 ANY PERSON WHO VIOLATES A PROVISION OF THE MCSA AS ADOPTED BY THIS
12 406.03. MUNICIPAL CIVIL INFRACTION VIOLATIONS OF THE MCSA
13 ANY PERSON WHO VIOLATES ANY OTHER PROVISION OF THE MCSA AS ADOPTED
17 406.04. TRAINING
18 PURSUANT TO THE MCSA, IN ORDER TO BE CLASSIFIED AS A MOTOR CARRIER
19 ENFORCEMENT OFFICER, A POLICE OFFICER MUST HAVE TRAINING EQUAL TO
20 THE MINIMUM TRAINING REQUIREMENTS, INCLUDING ANY ANNUAL TRAINING
21 UPDATES, ESTABLISHED BY THE DEPARTMENT OF STATE POLICE FOR AN
22 OFFICER OF THE MOTOR CARRIER DIVISION OF THE DEPARTMENT OF STATE .
13
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DRAFT #I.3
December 20, 2010
1 POLICE. IF TRAINING IN SPECIFIED CATEGORIES OF ENFORCEMENT LEGALLY
2 AUTHORIZES A POLICE OFFICER TO BE CLASSIFIED AS A MOTOR CARRIER
3 ENFORCEMENT OFFICER FOR PURPOSES OF THOSE CATEGORIES OF
4 ENFORCEMENT, THE CHIEF OF POLICE MAY DETERMINE THE CATEGORIES OF
5 ENFORCEMENT FOR WHICH TRAINING IS REQUIRED.
CHAPTER 408. SNOWMOBILES
7 408.01. ADOPTION OF PART 821 OF PA 451 OF 1994
8 FOR THE PURPOSE OF REGULATING THE OPERATION OF SNOWMOBILES IN THE
9 CITY, PART 821 OF PA 451 OF 1994, BEING MCL 324.82101 ET SEQ. ("PART 821"),
10 COPIES OF WHICH ARE AVAILABLE IN THE CITY CLERK'S OFFICE, IS ADOPTED BY
11 REFERENCE, AS THOUGH SET FORTH HEREIN IN FULL.
12 408.02. MISDEMEANOR VIOLATIONS OF PART 821
13 ANY PERSON WHO VIOLATES A PROVISION OF PART 821 AS ADOPTED BY THIS
18 408.03. MUNICIPAL CIVIL INFRACTION VIOLATIONS OF PART 821
19 ANY PERSON WHO VIOLATES ANY OTHER PROVISION OF PART 821 AS ADOPTED
14
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DRAFT #1.3
December 20, 2010
5 other than the part so declared to be invalid.
9
10
.11 City Attorney
12 Dated:
13
14
15
15
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LV
OFFICE OF THE MAYOR

(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing-

Adopting the Most Recent Version of the Michigan Mechanical Code
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
To: Virg Benlero, Mayor
From: Bob Johnson, Director, Planning and Neighborhood Development
Subject: CITY COUNCIL AGENDA ITEM - Adopting the Most Recent Version of the
Michigan Mechanical Code
Date: April 7, 2011
If you have any questions, or need additional infonnation, please give me a call.
Attachments

DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N. CAPITOL AVENUE *LANSING, MI 48933-1236 * (517) 483-4060 $ FAx: (517) 483-6036
DIRECTOR ' S OFFICE

Virg Bernero, Mayor
TO: Jerry Ambrose, Chief of Staff
DATE: April 7, 2011
SUBJECT: Michigan Mechanic Code - Ordinance Amendment
Below is an explanation of the salient points as they relate to the request to adopt the Michigan
Mechanical Code:
The State Construction Code Act was amended in 1999 to provide for a
single set of construction regulations applicable throughout the State of
Michigan. A Notice of Intent to Administer and Enforce the State Codes
was mailed to each elected official of a governmental subdivision having
responsibility for codes.
Council Resolution #087, February 28, 2000, stated it is the policy of this
City for the public safety and well being of its citizens that the City retain
its ability to administer and enforce construction codes and therefore
authorized the Mayor to sign and execute all letters of intent to adopt the
codes as adopted by the State of Michigan. The Notice of Adoption was
signed by the Mayor April 23, 2001 and the codes went into effect July
31, 2001.
The Michigan Mechanical Code, as adopted by the State of Michigan, has

been enforced since 2001. This proposed Ordinance clarifies what
document is enforced by the City. Currently the Ordinance states it is the
International Mechanical Code and has several amendments that are no
longer applicable to the design, installation, maintenance, alteration and
inspection of mechanical systems that are permanently installed and
utilized to provide control of environmental conditions and related
processes in buildings, The Mechanical Code delineates code
requirements for the installation of furnaces, chimneys and vents, duct
and exhaust systems, ventilation, boilers, refrigeration, etc.
4 Please recycle "Equal Opportunity Employer"

DRAFT #3
MARCH 17, 2011
1 ORDINANCE NO.
3 CHAPTER 1426, SECTIONS 1 THROUGH 99, OF THE LANSING CODIFIED
4 ORDINANCES BY ADOPTING THE MOST RECENT VERSION OF THE MICHIGAN
5 MECHANICAL CODE.
7 Section 1. That Chapter 1426, Sections 1 through 99, of the Codified Ordinances of the
8 City of Lansing, Michigan, be and is hereby amended to read as follows:
9 1426.01. Adoption of 1994 Edition of Uniform MICHIGAN Mechanical Code; scope;
10
11 Lal PURSUANT TO THE AUTHORITY VESTED IN THE CITY BY PUBLIC ACT 230 OF
12 1972 (REFERRED TO IN THIS CHAPTER AS THE ACT OR THE STILLE-DeROS SETT-
13 HALE SINGLE STATE CONSTRUCTION ACT), AS AMENDED, BEING MCL 125.1501 ET
14 SEQ., THE CITY HEREBY ASSUMES RESPONSIBILITY FOR ADMINISTRATION AND
15 ENFORCEMENT, WITHIN THE CITY'S JURISDICTIONAL BOUNDARIES, OF THE ACT
16 AND THE STATE-APPROVED MICHIGAN MECHANICAL CODE.
17 1LI REFERENCES THROUGHOUT THE LANSING CODE OF ORDINANCES TO THE
18 MECHANICAL CODE OR THE NATIONAL MECHANICAL CODE SHALL BE DEEMED
19 TO MEAN THE STATE-APPROVED MICHIGAN MECHANICAL CODE.
20 LO UNLESS OTHERWISE EXPRESSLY PROVIDED, IN THE EVENT OF A CONFLICT
21 BETWEEN ANY OF THE PROVISIONS OF THE STATE-APPROVED MICHIGAN
22 MECHANICAL CODE AND ANY OF THE LANSING CODIFIED ORDINANCES OR ANY
-1-
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DRAFT #3
MARCH 17, 2011
1 OTHER LOCAL RULE OR REGULATION, THE STATE-APPROVED MICHIGAN
2 MECHANICAL CODE SHALL CONTROL.
3 LID EXCEPT AS OTHERWISE PROVIDED IN THE ACT, THE ACT DOES NOT LIMIT OR
4 RESTRICT EXISTING POWERS OR AUTHORITY OF THE CITY, AND THE ACT SHALL
5 BE ENFORCED BY THE CITY IN THE MANNER PRESCRIBED BY LOCAL LAW TO
6 THE EXTENT NOT INCONSISTENT WITH THE ACT. LOCAL LAWS RELATING TO
7 THE ADMINISTRATION AND ENFORCEMENT OF MECHANICAL REGULATIONS
8 ENACTED BEFORE THE EFFECTIVE DATE OF THE STATE-APPROVED MICHIGAN
9 MECHANICAL CODE ARE APPLICABLE TO ADMINISTRATION AND ENFORCEMENT
10 OF THE STATE-APPROVED MICHIGAN MECHANICAL CODE BY THE CITY.
11 (a) That certain code, an official copy of which is on file in the office of the City Clerk, being
12 marked and designated as the International Mechanical Code, 1998 edition, including Appendix
13 Chapter A, published by the International Code Council, is hereby adopted and made a part of
14 .:
15 and the Home Rule Act (M.C.L.A. 117.1 et seq.), as amended. Such Mechanical Code provides
16 regulations for the erection, installation, alteration, repair, relocation, replacement, addition to,
17 use and maintenance of heating, ventilating, comfort cooling and refrigeration systems,
18
19
20 deemed adopted and made a part hereof by reference as if fully set out in this chapter, save and
21 except such provisions as may be hereinafter amended or rep led.
22 I; •
_ - : ut these Codified Ordinances to the International Mechanical Code
23 shall be deemed to mean the International Mechanical Codc adopted in subsection (a) hereof and
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1 it may be so cited. References throughout these Codified Ordinances to the Mechanical Code of
2 the City shall be deemed to mean this chapter, including the In - ., . . .
3 adopted in this chapter, and it may be so cited. References throughout these Codified Ordinances
4 -:
5 . e -
6 theroin-by reference, and it may be so cite
7 the Building and Housing Code of the City shall be-deemed to mean all of Part Fourteen of these
8 Codified Ordinances, and it may be so cited.
9 (c) Unless otherwise expressly provided, in the event of a conflict between any of the
10 provisions of the International Mechanical Code, herein adopted, and a provision of this chapter,
11 or-any-ether provision of these Codified Ordinances, or any other local ordinance, res t.
12 r gulation, the local provision shall control. In the event of a conflict between any of the
13 provisions of the International Mechanical Code, herein adopted, and Stat- . • , ' - .. - _ . -
14 and regulations promulgated pursuant to State law, the State law shall control. In the event of a
15 conflict between any of the provisions of the International Mechanical Code, herein adopted, and
16 a provision of any other standard technical code adopted by reference by the city, the stricter or
17 higher standard shall control.
18 -- ....
19
20 Service Sanitation Section.
21 (c) The City adopts by reference Chapter 4 Gas Piping Installations and Chapter 5 Chimneys
22
23 Code Council and the American Gas Association.
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1 1426.02. Mechanical board; establishment; composition; appointments; terms.
2 There is hereby established a Mechanical Board in and for the City. The Board shall be
3 composed of five members appointed by the Mayor with the advice and consent of Council.
4 Except as otherwise provided, four members shall be licensed mechanical contractors
5 representing the following groups:
6 (a) Residential heating and air conditioning contractors;
7 (b) Commercial heating and air conditioning contractors;
8 (c) Refrigeration contractors; and
9 (d) Industrial mechanical contractors.
10 The fifth member shall be any resident of the City. The Mayor, with the advice and consent of
11 Council, may appoint a second unlicensed person to serve on the Board when a licensed
12 mechanical contractor is not available. Not more than two unlicensed persons shall serve on the
13 Board at the same time. Members shall serve for tei.ins of four years each and such terms shall
14 commence on July 1 of the calendar year.
15 All vacancies thereafter are to be filled by the Mayor with the advice and consent of Council.
16 The Chief Mechanical Inspector shall serve as a liaison between the Manager of Office of
17 Building Safety and the Board and is hereby authorized to attend all meetings in a nonvoting
18 capacity. The Chief Mechanical Inspector shall also serve as Board Secretary.
19 1426.03. Authority of board.
20 The Mechanical Board shall consider all proposed amendments of this Mechanical Code,
21
22 submit the same to the Mayor and Council.
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1 If a vacancy occurs in the office of the Chief Mechanical Inspector, the Board may submit names
2 of persons to the HUMAN RESOURCES Personnel and Training Department for consideration.
3 The City may appoint any qualified person to the office of Chief Mechanical Inspector, whether
4 or not the person was on the list submitted by the Board. The Chief Mechanical Inspector shall
5 have six years of experience in the mechanical construction industry as a mechanical contractor
6 or engineer. The Chief Mechanical Inspector shall be licensed as a contractor in one or more of
7 the following categories:
8 (a) Hydronic heating and cooling and process piping;
9 (b) Heating, ventilation and air conditioning equipment;
10 (c) Limited service, heating or refrigeration; or
11 (d) Unlimited service, heating or refrigeration.
12 The Chief Mechanical Inspector shall make application for registration as a mechanical inspector
13 and plan reviewer in accordance with Act 54 of the Public Acts of 1986, as amended, within 30
14 days of employment.
15 In addition to the powers provided to advisory boards by the City Charter, the Board shall advise
16 the Chief Mechanical Inspector on all matters pertaining to rules and regulations and to
17 interpretations and application of this chapter. Appeals regarding any rules and regulations or
18 provisions of the International MICHIGAN Mechanical Code, or of any interpretation thereof,
19 shall be submitted to the Mechanical Board of Appeals established pursuant to this section and
20 Section 110 109 of the MICHIGAN Mechanical Code.
21 1426.04. Mechanical work; license and registration of license required; exceptions.
22 (a) No person shall engage in the business of, or contract for or perfonn, mechanical work,
23 unless the person or a designated employee or officer thereof has a current State mechanical
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1 contractor's license issued by the State Department of Labor, and has first registered the license
2 with the Office of Building Safety, except that any person employed by and working under the
3 direction of a holder of a valid State mechanical contractor's license, registered in the City, shall
4 not be required to register a license to perform any mechanical work in the City.
5 A licensed mechanical contractor shall be registered with the Office of Building Safety only after
6 payment of a fee as established by THE FORBES MECHANICAL CONTRACTORS ACT,
7 BEING MCL 338.971 ET SEQ. resolution of Council.
8 Each registration with the Office of Building Safety shall expire on the same date the State
9 mechanical license expires.
10 (b) If a partnership, association or corporation is registered with the City pursuant to subsection
11 (a) hereof, in the name of a designated employee or officeR qualified by being the holder of a
12 State mechanical contractor's license, and that employee or officer ceases to be an employee or
13 officer of such partnership, association or corporation, the partnership, association or corporation
14 shall have 90 days after the registrant ceases to be an officer or employee in which to designate
15 and register another officer or employee under subsection (a) hereof. The Office of Building
16 Safety shall be notified, in writing, of the designation.
17 If an individual properly registered pursuant to subsection (a) hereof ceases to do business as a
18 mechanical contractor and sells his or her business interest to another individual, partnership,
19 association or corporation, the buyer shall have 90 days to register or to designate register
20 another person, employee or officer under subsection (a) hereof. The Office of Building Safety
21 shall be notified, in writing, of the designation.
22 (c) Nothing contained in this section shall prohibit any bona fide owner from personally doing
23 any work regulated by this chapter in his or her own home or IN OTHER BUILDINGS OR
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1 STRUCTURES ON HIS OR HER OWN PROPERTY on the premises at which he or she
2 presently resides or is about to reside, provided that such owner:
3 (1) Furnishes a signed affidavit;
4 (2) Applies for and secures a permit;
5 (3) Pays the required fees;
(4) Does the work in accordance with this chapter;
7 (5) Does the work himself or herself;
(6) Applies for inspections; and
9 (7) Receives the approval of the Chief Mechanical Inspector or his or her authorized
10 representative.
11 Homeowners' privileges shall extend to single-family residences only and shall not apply to any
12 residence or structure from which any monetary gain is being received or which is being used for
13 commercial purposes.
14 Only one homeowners' permit shall be issued for any one purpose in a 12-month period.
15 1426.05. Permit required. (Repealed)
16 Editor's note: Section 1426.05 was repealed by implication by Ordinance 806, passed July 31,
17 1989.
18 1426.06. Amendments to Uniform Mechanical Code.
19
20 Scction 101 General is hereby amended by adding a new para.! .: -
21 A person shall possess [a] mechanical contractor's license pursuant to the provision of Act No.
22
23
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1
4 -
5 n Compiled Laws.
6 The Mechanical Officials may take complaints, or assist in determinations of mechanical code
interpretations of the Code. Determinations may be made by using recognized reference
9 standards, or other recognized materials, or testing, as required by the official, to reach a
10 resolution that would meet the intent of the Mechanical Code. Assistance [Assistants] shall not
11 hold the Mechanical Official liable for any work performed. The Mechanical Official may
12 handle complaints of mechanical equipment, or mechanical related systems, and try and reach a
13
14 beg testing of equipment or by other Code standards. Decisions made by the Mechanical
15 Official are subject to appeal through the Mechanical Board of App 1s, and the Office Manager
16 of Building Safety.
17
18
19 Section 103.5 Fire Investigation. The Chief Mechanical Official or assistant may when
20 summoned by the City of Lansing Fire Marshall assist in fire investigations involving
21 mechanical equipment of appliances.
22 Scction 104.4 Inspections is hereby amended by adding the following text:
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1 ie Building Safety Office under this Code, shall expire by limitation and
3 inspection completed within 180 days of the issue date, or if the work authorized by such permit
4 is suspended or abandoned at any time after the work is commenced, or for any r son the work
5 was not completed and the final inspection completed within the 180 day period, the permit shall
7 obtained, and the fee therefor shall be one half the amount required for a new permit for such
10 exceeded one yqa
11 -e
12 107.1 for further requirements.
13 Section 105 A pproval is hereby amended by adding
14 Section 105.5 Approval. Approval as a result of an inspection shall not [be] construed to be an
15 approval of a violation of the provisions of this Code, or of other building code [codes] or
16 ordinances of this jurisdiction. Inspections presuming to give authority to violate or cancel the
17 r codes/ordinances of the jurisdiction shall not be valid.
18 Section 106.1 Permits is hereby amended by adding the following:
19 To obtain mechanical permits, and applicant shall be either of the following:
20 (a) A mechanical contractor who has obtained a license issued pursuant to Act No. 192 of the
21 Public Acts of 1981, as amended, being § 338.971 et seq.-of the-Michigan Compiled Laws with
22 appropriate classifications.
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1 (b) A homeowner who occupies or will occupy a single family dwelling for which the permit is
2 obtained and who shall install the mechanical equipment as certified by the homeowner's
7 uilding with a capacity of less than six families. Six families and more, or
9 -- - g Building Safety Office for venting, process pipe, gas piping and combustion
10
11 Section 106.2is hereby amended by deleting Section 106.2 and replacing it with the following
12 text:
13 Section 106.2 Permits Not Required. Permits shall not be required for the following items:
14 appliance.
15 (b) Portable ventilation equipment.
16 (c) A portable cooling unit.
17
18 it unsafe.
19 (e) A portable evaporative cooler.
20 {f) Self contained refrigeration equipment and a window type air conditioner that is not more
21 than 1.5 horsepower.
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1
2 18.767 and § '108.768 of the Michigan
3 Compiled Laws.
5 a h atcr equippcd with a wick.
7 Gas piping replacement limited to ten feet and not more than six fittings.
8 Section 106.3 Plans and Specifications is hereby amended by adding the following text:
9 and approval of plans and specifications showing
10 the nature and extent of the proposed work before a permit is issued. If, in the co'e
11 work, it is necessary to make any change from the approved plans and specifications on which a
12 permit has been issued, amended plans and specifications shall be submitted and, if approved, a
13
14 eccure the original permit have been satisfied.
15
16 the Administrative Authority to determine conformance with the provisions of the Code after the
17 application has been filed and the application fee paid.
18 Section 106.5.2 Fcc Schedule is hereby amended by adding the following text:
19 Pennit fees: All fees, the collection of which is provided for in this chapter, shall be set by
20 resolution of council.
21 Section 106.5.3 Fcc Refundsis hereby amended by deleting the section and replacing with the
22 following text:
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1
2 City Council.
3 Section 107 Inspection and Testing ishereby amended by adding the following paragraph to the
4 end of 107.1 Required Inspection and Testing:
5 It shall be the duty of the permit applicant, owner or owner's designated agent, to cause the
7 Building Official nor the jurisdiction shall be liable for expense entailed in the removal or
8 replacement of any material required to permit inspection. When the installation of a mechanical
9 system is complete, final inspection shall be made within 180 days of permit issuance, or a
10 written request will have to be made for extension.
11
12 until authorized by the Building Official. Systems installed without authorization/permits may
13 have the energy fuel supply disconnected by-the-Mechanical Official after written notice.
14 Scction 107.5 ishereby amended by adding the following text:
15 The Code Official may revoke approval if the Official determines that the equipment fails to
16 conform to the installation instructions or [of] the Code and the equipment is unsafe, dangerous
17 or a hazard. The Code Official may terminate power or gas to the equipment under these
18 circumstances.
19 Section 108 ishereby amended by deleting Section 108.1 and replacing it with the following
20 text:
21 Any violation of this Mechanical Codc of which the Codc Official or his/her authorized
22 representative has given written notice to the permit holder, owner or owners designated agent,
23 shall be corrected within the time limit specified on the written notice. Failure to comply with
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1 this section is a violation of this Mechanical Code, and shall subject the violator to a the penalties
2 prescribed in Section 1126.99 of this ordinance [title].
3 A Code Official may issue a notice of violation to the owner, authorized agent or contractor,
4 .: ' .: ' - :.: - --- " : - ng performed without-first obtaining said permit.
5 A notice of violation may be issued by the Mechanical Official for mechanical work in progress
6 when it has been determined that there is no permit on the job, and the Mechanical Official was
7 not notified that emergency work was being performed.
10 Any person who shall continue work on the system after having been served with a stop work
11 order, except for such work as directed to perform to remove a violation or unsafe condition shall
12 be subject to the penalties prescribedx Section 1126.99 of this ordinance [title].
13 Section 109 ishereby amended by deleting Section 109.2 and replacing it with the following
14 text:
15 The membership of the Mechanical Board shall be in accordance with Section 1426.02 of the
16 City of Lansing Codified Ordinances.
17 Section 109 ishereby amended by deleting Section 109.2.1 and replacing it with the following
18 text:
19
20 the City of Lansing Codified Ordinances.
21
22 110.1 General. In order to h and decide app als of orders, decisions or determinations made
23 by the Building Official relative to the application and interpretations of this Code, there shall be
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1
2 and training to pass upon matters pertaining to mechanical design, construction and maintenance
5 --- - - ::.. -
6 appointed by Council and shall hold office at its pleasure. The Board shall adopt rules of
7 : ducting its business and shall render all decisions and findings in writing to the
8 appellant with a duplicate copy to the official Manager of the Office of Building Safety.
9 y amended by adding the following:
10 Any violation of this Mechanical Code of which the Chief Mechanical Inspector or his or her
11
12 15 days of receipt of such notice. Failure to comply with this section is a violation of this
13 Mechanical Code and shall subject the violator to all the penalties provided for by these Codified
14 Ordinances.
15 Section 111. Permit Issuance is hereby amended by adding a new paragraph to subsection 111.1,
16 as follows:
17 114.1. The Chief Mechanical Inspector or his or her authorized representative may withhold
18 issuing now permits to a licensed contractor when it has been determined that work
19 accomplished under a previous permit is in violation of this Mechanical Code and has not been
20 corrected within 15 days from the date of written notice of such condition.
21 Section 115. Fees is hereby amended by deleting subsection 115.2 and adding:
22 Permit fees. All fees, the collection of which is provided for in this chapter, shall be set by
23 resolution of Council.
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1 Section 1 14.4.1 Expiration is hereby deleted and a new section added to read as follows:
ilding Safety Office under this Code shall expire by limitation and
4 :! .
5 permit is suspended or abandoned, at any time after the work is commenced, for a period of 180
6 days. Before such work can be recommenced, a new permit shall be first obtained and the fee
7 therefor shall be one half the amount required for a new permit for such work, provided that no
9 and provided further that such suspension or abandonment has not exceeded one year. No permit
10 shall be ex-tended more than once. In order to renew action on a permit after expiration, the
11 --- - . : ay a new full permit fee.
12
13 When approved by the Chief Mechanical Inspector or his or her authorized representative, the
14
15 within 12 inches of the floor.
16
17 Used mechanical equipment may be reinstalled at a different location, provided a written
18 statement from a licensed contractor, registered with the City of Lansing, verifying the
19 equip
20 Equipment). The verification shall
21
22 unsafe for use by Code standards. Used boilers under the Department's jurisdiction, shall have
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1 written approval from a registered, licensed boiler contractor, or from any registered State Boiler
2 Inspector, verifying the safe condition of the equipment for reinstallation.
5 es Fahrenheit], three ft. [feet] off the floor,
10 .. ' : ' gs, and any occupancy group containing sl
11 of a conflict, the contractor may be required to show the load calculation for the specific
12 a -- -- ...
13 by the State Energy Code, or equivalent computation procedure.
14 Section ! -- -- - - •
15 All mechanical equipment shall have an electrical disconnect switch on, or immediately adjacent
16 to the equipment, within normal reach. A 120 volt receptacle shall be located within 25 feet of
17
18 less within a structure shall be installed in a manner to prevent physical damage. All mechanical
19 equipment located inside buildings underfloor, attic, between floors, passage way accesses shall
20 be lighted to safely access, and at least one light shall be located n ar the equipment.
21
22
23 constructed to separate the appliance and the shoot.
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1 7. In any hazardous location.
4 conjunction with the outside combustion air that has a cross sectional inlet area that is not less
5 50 percent of the cross sectional flue ar , (b) 25
6 square inches. The inlet shall conduct the combustion air directly from outside the structure and
7 connect to the inlet of the fire chamber.
8 Section 303.7is hereby amended by adding the following text:
10
11
12 alarm to alert the occupants of a hazardous condition should propane gas collect in these areas.
13 The stipulation of no propane equipment in crawl spaces or pit ar s may be appealed to the
14 mechanical board on an individual basis.
15 Section 303is hereby amended by adding a new Section 303.8 Fuel Oil Tanks:
16 Section 303.8 Fuel Oil Tanks. Fuel oil tanks taken out of service shall be removed from inside
17 buildings after the contents have been disposed of. The Official ma
18
19 prohibiting removal. Tank contents shall be properly drained and the tank shall be capped, except
20 the vent pipe shall remain intact. This section shall be retroactive to any abandoned oil tank,
21 within any building or structure. It shall be the responsibility of the property owner to ensure that
22 the tank is removed in accordance with this chapter.
23 w Section 301.1.1 Warm Air Ducts:
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1
5 back draft damper and a fire damper of approved design. Return air is
8 connector should be used to prevent damage to the gas valve. Food service equipment on casters,
10 : an approved-breakaway fitting type, or approved/listed for use,
11 without a cable restraint.
12 Section 306.5is hereby amended by adding the following text:
13
14 structural engineer report submitted, prior to the installation, verifying the load bearing
15 capabilities. Roof top equipment shall be secured to prevent wind displacement (see Section
16 301.12 IMC). In addition to this section, mechanical equipment which requires frequent
17 maintenance/repair/cl ing such as food service equipment, etc., are required to have permanent
18 exterior ladders, or be accessible from inside the building through a roof/ceiling access as meets
19
20 1. Have side railings which extend at least 30" above the roof edge or parapet wall.
21 2. Have landings less than 18' apart measured from the finished grade.
22 3. Bc at least 14" in width.
23
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1
3 ugh a required roof scuttle and all of the following provisions are
4 met:
5 1. The required scuttle is located immediately adjacent to the control side of the equipment unit.
6 2. Controls, filters, burners, fans and motors arc accessible for service and repair within two
7 e - - - - • ge of the equipment platform on the scuttle side.
8 3. The equipment platform is no If ... -- -
9 scuttle opening.
10
11
12
13 5. Scuttles located on other than the roof incline side of the equipment unit shall have the hatch
14 hinged on the low side of the scuttle. Hatches shall be equipped with in
15 •! .
16
17 the roof incline-side:
18
19 a
20 ::.tform at 1 st 30 inches (762 mm) in depth and width shall be
21
22 the roof edge below shall be protected by a substantial railing '12 inches (1,067 mm) in height
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1 with vertical rails not more than 21 inches (533 mm) apart, except that parapets at 1 ust 21 inches
2 (610 mm) in height may be utilized in lieu of rails or guards.
3 e-
4 ! -.
5 apart shall be provided from the roof access to the working platfonn at the appliance.
7 added as follows:
8 Equipment regulated by this Codc requiring electrical connections of more than 50 volts shall
10 type central furnaces).
11
12 maintenance purposes. The receptacle need not be located on the same level as the equipment.
13. Low voltage wiring of 50 volts or less within a structure shall be installed in a manner to prevent
14 trolled by ., switch shall be provided at or near
15 the furnace.
16 Section 315, Subsection 315.1 Prohibited Installations is hcrcby amended by adding Item 8.
17
18 8. Within ten feet of the termination of a laundry chute. This paragraph shall also apply to water
19 heaters.
20 Section 321.8 A ccess is hereby amended by deleting exception 1.
21 Section 401.2is hcrcby amended by adding-the following text:
22 .. iiforn Building Codc.
23 Section 402.3.1is hcrcby amended by adding the following text:
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1 And per the requirements of Chapter 12 of the 1997 edition of the Uniform Building Code.
3 And per the requirements of Chapter 12 of the 1997 edition of the Uniform Building Code.
5 In addition to the requirements of this chapter ventilation design shall also be in accordance with
8 establishments, bars, hospitals, and convalescent homes.
9 Section 103.2.1(1)is hereby amended by deleting the paragraph and replacing it with the
10 following text:
11 Return air may not be directly recirculated from any of the following locations:
12 (a) Kitchens.
13 (b) Toilet rooms.
14
15 Exceptions: the Mechanical Official may approve recirculated air when a duct detector is
16 installed which has an audible bell. Return air shall not be taken from an ar a which may pull
17 ontaminates through the system.
18 Section 403.3.1 System Operation is hereby amended by adding the following text:
19 And per the requirements of Chapter 12 of the 1997 cditio
,! •
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1 Michigan, Department of Public Health and N.F.P.A. Standard 96 1991, as published by the
2 National Fire Protection Associations.
3 Whenever any provision of the adopted Michigan Health Rules regarding hoods, ducts and
4 ventilation requirements conflict with the International-Mechanical Code, or balance
5 requirements have had negative results after performance testing by the Ingham County
9 test by an approved balance technician, if found by either Department that the contractor is
10 having difficulty complying with balance requirements, and a copy of the final approved testing
11
12
13 system shall be under our jurisdictional IMC Code, as well as the H 1th Department rules. In
14
15
16 permits obtained, before installation begins.
17
18 .;
19 ventilation system serving commercial food heat processing equipment, a performance test by a
20 certified balancing contractor may be required when deemed necessary by the Chief Mechanical
21 Inspector or his or her authorized representative to verify the rate of air flow and proper
22 operation as specified in this chapter.
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1 Scction 601.5.1. Residential Round Ductis hereby deleted and a new para..? .: ... .
2 follows:
3 Joints and s ams of round ducts shall be substantially airtight. Slip joints shall have a contact lap
5 Tapes used for scaling joints shall not be mere-combustible than approved flameproof fabric.
7 following:
1. Ducts, plenums and fittings for systems not exceeding 2,000 CFM may comply with Table
9 No. 6 C.
10 Scction 603is hereby amended by adding the following text to Section 603.3:
11 for commercial systems not exceeding 2,000 cfn may
12 comply with Table 603.3.
13 Section 706.1.1is hereby amended by adding the following text:
14 e- e:--
15 Section 702.2. Additionally, there shall be one opening to the outdoors having a fee area of at
16 1 ast one square inch per 5,000 btu/h of total input of all appliances in the space. Outdoor
17
18
19 duct at or near the appliances served.
20 Section 801.3 is hereby amended by adding the following text:
21 The Mechanical Official shall have the authority to discontinue use of masonry chimneys which
22 are dangerous due to improper venting or structural stability.
23 Section 803.10.3 is hereby amended by adding the following text:
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1 Two or more connectors shall not enter a common venting system unless the inlets are offset in
3 shall not be connected to a vent from a gas or oil burning appliance.
(c) All masonry chimneys shall be lined with approved liners compatible with connected
equipment.
10 sV enting Into Existing Masora); Chimneys is hereby amended by deleting the
11 second paragraph of Item 6 and adding the following sentence to Item 6 and adding a new Item
12
13 Chimneys shall be lined with an approved liner.
14 7. When an appliance is disconnects
15 area of the chimney will be reduced in accordance with Section 910.(2) to accommodate the
16 remaining connected appliances.
17 Section 813.2. Location and Support of T'cnting Systems OtherThan Masonry Chimneys is
18 hereby amended by adding the following sentence to Item 6 and adding a new Item 7:
19 That portion of the exterior B 1 vent below the ve line shall be encased in an insulated chase.
20 7. That portion of a B 1 vent that penetrates an attic area shall be provided with an insulation
21 stop one inch from the vent which extends from the fire stop to a point four inches above
22 insulation.
23 Section 815.1. (c) Vent Connector ishereby amended by adding the following:
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1 Connectors to gas, oil or solid fuel burning appliances shall not be buried underground or placed
2 in underground raceways.
4 Propane units shall have supply tanks located outside of the buildin_, . - . -
5 Fire Code, n atura l gas units shall be piped as permanent appliances. The safe use of vcntlcss
6 heaters is dependant upon the care of the installer, and the user. It is imperative that the
7 • . .. :. . '.- g and installation instructions be followed to ensure safe operation.
8 Section 928.1 is hereby amended by adding the text:
9 Portable kerosene heaters shall not be allowed in any occupancy for temporary or as a permanent
10 heat source.
11 Section1002 W ater Heaters is hereby amended by adding a new Section 1002.1.1 [1002.1]
12 Permits:
13 Section 1002.1.1 [1002.1] Permits. The following conditions shall govern the issuance of permits
14 for water heaters:
15 1. Mechanical contractors may apply for water h ter permits through the Mechanical Section
16 of the Building Safety Office when a furnace is being installed at the same time.
17
18 plumbing section.
19 3. Permits for water heaters utilized for space heating shall have permits through the Plumbing
20 fcty Office for the installation of the water h ter and potable water
21 piping if they are qualified by the plumbing regulations of that Division.
22 /1. In addition a mechanical permit will be taken out for the air handler, duct vork, venting, and
23
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1
4 a combination thereof. The relief valve shall conform to ANSI z [section] 21.22. The relief valve
6 the shell of the water
8 valve or shutoff valve between the relief valve and the h ater or tank served.
9 ding the following Section 1002.1.2 Water H aters Used for Space
10 Heater :
11 1002.1.2 Water H tcrs Used for Space H ating. Water h atcrs utilized for both potable hot
12 water and provide hot water for space heating applications shall be listed and labeled for such
13 applications by the manufacturer and shall be installed in accordance with the manufacturer's
14 installation instructions, with permits as specified in Section 1002. Sizing: water heaters as per
15 the section shall be sized to prevent the space heating load from diminishing the required potable
16 water heating capacity.
17 1002.1.3 Relief Valve Approval. Valves in this section shall bear the label of an approved
18 agency and shall have a temperature setting of not more than 210 F. [degrees Fahrenheit], and a
19 pressure relief not exceeding the tank or water h ter manufacturer's rated working pressure
20 Getting or 150 psi, whichever is less.
21 1002.1.4 Relief Outlet. The outlet of a pressure, temperature, or other relief valve shall not be
22 directly c
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1 1002.1.5 Discharge. The discharge from the relief valves shall be piped full size separately to the
Zgor to an indirect waste receptor located inside the building. In areas subject
4 located in the h tcd space or by other approved means. The discharge shall be installed in a
5 manner that does not cause personal injury or property damage and that is readily observable by
9 discharge piping is installed so that it 1 ves the room or enclosure in which the water heater and
10 relief valve are located and discharges into a waste receptor, there shall be an air gap installed
11 before, or at the point of 1 aving the room or enclosure.
12
13
14 potable hot water boilers arc installed in locations where leakage of the tanks or connections will
15 cause floor or structural damage, the tank or water h ater shall be installed in a galvanized steel
16
17 than 1 1/2 inches deep and shall be sufficient size and shape to rc
18 from the tank, water heater, or domestic potable hot water boiler. The pan shall be drained by an
19 - - .. - _ • inimum diameter of one inch or the outlet diameter of the required
20 relief valve, whichever is larger. The pan drain shall extend full size and terminate over a
21 suitable located indire
22
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1 . . .
2 them with the following text:
3 Section 1010.1 Hot Water Boilers. Hot water boilers and low pressure hot water heating boilers
4 shall be equipped with two high temperature limit controls and a low-water limit control
5 interlocked to shut off the fuel supply to the main burner, with a manual reset on the high limit
6 control with the higher setting. Manual reset on the high temperature limit control shall not be
7 required on any package boiler not exceeding 400,000 btu/h (117 kw) input. A flow detection
8 -.- •' • cr line shall be allowed in lieu of the low water level limit
9 control.
10
11 st m pressure limit controls interlocked to shut off the fuel to the
12 main burner and one low water level limit control. Coil type flash steam boilers shall use two
13
14 hot water coil section of the boiler instead of the low water limit control.
15 Sect
16 Section 1301.1.2 Meter Location. Meters shall be r adily accessible, and shall not be located in
17 areas subject to damage. Mctcrs located in driveways shall be protected by substantial barriers.
18 Multiple meters shall designate the area of the building being served.
19
20 Copper Tubing: Copper tubing shall not be used in the interior of the building.
21 Section 1303.11.1is hereby amended by adding the following text:
22
23 installed in accordance with manufacturers directions.
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1
3 with rigid metallic pipe and fittings of approved type and size. F
4 be allowed for furnaces, water heaters, boilers, or other stationary gas appliances. Exception:
5 - . : . ecial listing conditions or manufacturer's installation instructions an
7 Section 2005 Coinnacrcial Hoods and Kitchen Ventilation-is hereby amended by adding a new
9 amended by adding a new paragraph to subsection 507.1 to r ad:
10
11 conflicts with the State of Michigan administrative rules for the design of commercial hoods and
12 kitchen ventilation, the more restrictive requirements, as determined by the Chief Mechanical
13 Inspector or his or her authorized representative, shall prevail.
14 A ppendix B, Chapter 13, Section 1312 Material for Gas Pipingis hereby amended by deleting
15 fiction 1312.1 and adding a new subsection to r ad:
16
17 standard weight wrought iron or steel (galvanized or black). Approved PVC, PE or copper (Type
18 K or L) may be used in exterior buried piping systems.
19 _ . .
20 Association (NFPA) Standard No. 31 for the installation of oil burning equipment.
21 Storage Tanks and V alves. Storage tanks and valves shall be installed in accordance with NFPA
22 ....
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1
2 her authorized representative.
4 1426.98. Issuance of municipal civil infraction citations and violation notices.
5 All mechanical inspectors and the Building Official are hereby designated as the authorized City
6 officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or
7 Municipal civil infraction violation notices (directing alleged violators to appear at the Municipal
8 Ordinance Violations Bureau) as provided in Chapter 203 of these Codified Ordinances.
9 1426.99. Penalty.
10 Whoever violates any of the provisions of this chapter is responsible for a Municipal civil
11 infraction and shall be subject to the civil fine provided in Section 203.06 of these Codified Ordinances,
12 plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as
13 provided in Section 202.99(c)(2).
22
23
24 City Attorney
25 Dated:
26
27
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OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Adopting by

Reference the 2009 International Fire Code
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
From: Tom Cochran, Fire Chief
Subject: Resolution- Introduction of Ordinance & Setting Public Hearing- Adopting by Reference
the 2009 International Fire Code
Date: April 7, 2011
Attachments

FROM: TOM COCHRAN, FIRE CHIEF

PHIL SABON, FIRE MARSHAL
DATE: APRIL 8, 2011
RE: ADOPTION OF 2009 VERSION OF THE INTERNATIONAL FIRE CODE

AS THE FIRE PREVENTION CODE PER ORDINANCE 1610
My department recommends the adoption of the 2009 version of the International Fire
Code (IFC) as the reference Fire Prevention Code per City Ordinance 1610. Currently,
Ordinance 1610 references the 2003 version of the IFC. Adoption of the 2009 version
of the IFC will align the city with the current City of Lansing referenced 2009 Michigan
Building Code (MBC). Both codes (MBC & IFC) mirror many Life Safety features for
new and existing buildings. Adoption of the 2009 IFC will eliminate inconsistencies
between both codes.
The International Fire Code is a model code that regulates minimum fire safety
requirements for new and existing buildings and facilities. The IFC addresses fire
prevention, fire protection, life safety, and safe storage use of hazardous materials for
these facilities. It provides a total approach of controlling hazards in all buildings and
sites, regardless of the hazard being indoors or outdoors. Changes made to Ordinance
1610 are administrative. Code sections referenced in the current ordinance did not
match up with the 2009 version of the IFC. Some additional changes to the ordinance
are (1) Clearer requirements for Recreational Burning within the city; (2) Process for
individuals to alter code sections with the Building Board of Appeals; (3) Requirements
for submittal of Hazardous Material Storage Management Plan for compliance with
Firefighter Right to Know rules.

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1
2
3 ORDINANCE NO.
5 CHAPTER 1610 OF THE LANSING CODIFIED ORDINANCES BY ADOPTING BY
6 REFERENCE THE 2009 INTERNATIONAL FIRE CODE.
8 Section 1. That Chapter 1610 of the Codified Ordinances of the City of Lansing,
9 Michigan, be and is hereby amended to read as follows:
10 CHAPTER 1610. UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS*
11 1610.01. Adoption of 2003 edition of the 2009 International Fire Code; file copies; references
12 and citations; conflict of laws.
13 (a) For the purpose of ESTABLISHING THE MINIMUM REQUIREMENTS CONSISTENT
14 WITH NATIONALLY RECOGNIZED GOOD PRACTICE FOR PROVIDING A
15 REASONABLE LEVEL OF LIFE SAFETY AND PROPERTY PROTECTION FROM THE
16 HAZARDS OF FIRE, EXPLOSION, OR DANGEROUS CONDITIONS IN NEW AND
17 EXISTING BUILDINGS, STRUCTURES, AND PREMISES AND TO PROVIDE SAFETY
18 TO FIREFIGHTERS AND EMERGENCY RESPONDERS DURING EMERGENCY
19 OPERATIONS,
20 and property from fire and explosion hazards; to adopt a fire prevention code and regulate the
21 storage, handling and use of hazardous materials, substances and devices; and to provide for the
22 issuance of permits for hazardous uses or operations, the City hereby adopts that certain code
23 known as the 2009 International Fire Code, including Appendices B, CS -mid D, E, F, G, H, AND
24 L published by the International Code Council, Inc. WITH THE ADDITIONS, DELETIONS,
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1 AND REVISIONS CONTAINED IN THIS CHAPTER. particularly the entire 2003
2 edition (referred to in this chapter as this "Code" or the "International Fire Code"), save and
3 except such portions as arc hereinafter deleted, modified or amended in Section 1610.02. Three
4 copies A COPY of this code are IS on file in the Office of the City Clerk for the City of Lansing,
5 and the same, as amended in Section 1610.02, arc hereby adopted and incorporated in this
6 --• - : - - - ern. From and after the effective date of this section, the
7 provisions of this Code, as amendc
8 City of Lansing.
9 (b) References throughout these codified ordinances to the International Fire Code shall be
10 deemed to mean the International Fire Code adopted in subsection (a) and it may be so cited.
11 References throughout these codified ordinances to the Fire Prevention Code of the City of
12 Lansing shall be synonymous with this International Fire Code, including its amendments
13 adopted therein.
14 (c) Unless otherwise expressly provided, in the event of a conflict between any of the
15 provisions of the International Fire Code, herein adopted, and a provision of this chapter, or any
16 other provision of these Codified Ordinances, or any other local ordinance, resolution, rule or
17 regulation, the local provision shall control. In the event of a conflict between any of the
18 provisions of the International Fire Code, herein adopted, and state law, including rules and
19 regulations promulgated pursuant to state law, the state law shall control. In the event of a
20 conflict between any of the provisions of the International Fire Code, herein adopted, and a
21 provision of any other standard technical code adopted by reference by the City of Lansing, the
22 stricter or higher standard shall control.
23 1610.02. Amendments.
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1 The International Fire Code, adopted in Section 1610.01, is hereby amended as follows:
2 I.F. C. Section 101.1 Title is hereby amended to insert the City of Lansing as the name of
3 jurisdiction.
4 I.F. C. Section 102.6102.7 Referenced Codes and Standards is hereby amended by including the
5 following language:
6 The codes and standards referenced in this code shall be those that are listed in Chapter 45. 47
7 and such codes and standards shall be considered part of the requirements of this code to the
8 prescribed extent of each such reference. This code and standards referenced in this code shall be
9 the most recently published edition or version. Where differences occur between the provisions
10 of this code and the referenced standards, the provisions of this code shall apply.
11 J.F.C. Section 105.1 General is hereby amended by adding the following language:
12 The Lansing Fire Department shall have the authority to charge a fee for permits required under
13 the international fire code and for fire inspection services. A fee schedule shall be developed by
14 the Fire Chief, approved by the Mayor and subject to City Council adoption by resolution.
15 I.F. C. Section 105.2 A pplication is hereby deleted and a new section added as follows:
16 All applications for a permit required pursuant to this code shall be made to the Fire
17 MARSHAL'S OFFICE Prevention Bur u of the City of Lansing. Applications shall be
18 accompanied by such plans as are required by the City of Lansing.
19 The application for a permit required pursuant to this code shall be accompanied by the
20 appropriate fee, which shall be non refundable. Fees for permits required by this code shall be set
21 by resolution of City Council of the City of Lansing.
22 I.F.C. Section 108 Board of A ppeals is hereby deleted and replaced with the following
23 language:
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1 A ppeals
2 The Board of Appeals for appeals made under the Fire Prevention Code of the City of Lansing
3 shall be the Building Board of Appeals established in Section 113 112 of the International
4 MICHIGAN Building Code adopted in Section 1420.01 of the Codified Ordinances of Lansing.
5 This Board shall determine the suitability of alternative materials and the type of construction
6 and provide reasonable interpretations of the provisions of this code. The Board shall render all
7 decisions and findings in writing to the Fire Chief, with a duplicate copy to the appellant, and
may recommend to the executive body such new legislation for engaging in the following
9 activities, operations, practices or functions:
10 (1) Fire suppression systems. To design, install, modify, test, service and maintain any and all
11 fire suppression systems in accordance with any and all codes that apply to this installation.
12 (2) Fire alarm systems. To design, install, modify, test, service and maintain any and all fire
13 alarm systems in accordance with any and all codes that apply to this installation.
14 (3) Open burning. To ignite or burn material of any type on private land or on publicly owned
15 or controlled land, except as provided in this code.
16 (4) Fireworks. To conduct a public display or to use for agricultural or pest control purposes as
17 permitted by State law.
18 I.F. C. Section 109.3 V iolation Penalties is hereby deleted in its entirety.
19
20 109.3.1 and insert section number 109.3.
21 I.F.C. Section 111.4 Failure to Comply is hereby deleted and a new section 111.4 is added to
22 read as follows:
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1 Any person who shall continue any work after having been served with a stop work order, except
2 such work as that person is directed to perform to remove a violation or unsafe condition shall be
3 subject to the penalties codified in Section 1610.99 of this Code.
4 I.F. C. Section 307 Open Burning is hereby deleted and a new section 307 is added as follows:
5 Open Burning RECREA TIONA L FIRE
6 (1) Permit required. A permit is required to kindle or maintain any outdoor burning, including
7 bonfires and recreational fires.
8 (2) Location restricted. There shall be no RECREATIONAL FIRES of any type
9 on publicly owned or controlled land, including bridges, streets and other public places which
10 have not been set aside by the public authority for such purpose.
11 (3) Exceptions.
12 (a) Controlled burning. When detennined by the Fire. Chief OR THE FIRE MARSHAL to be
13 in the public interest, the Chief OR THE FIRE MARSHAL may issue a permit for controlled
14 burning.
15 (b) Outdoor cooking. Appliances, such as chimneas, gas and charcoal grills may be used in
16 such a manner so they do not endanger the life or property of others. No person shall use any
17 permanent barbecue, portable barbecue, chimnea, outdoor fireplace, er grill OR OTHER
18 DEVICE for the disposal of rubbish, trash or combustible material.
19 (4) A ttendance. Bonfires and other open burning RECREATIONAL FIRES shall be constantly
20 attended by a competent person until such fire is extinguished. This person shall have a garden
21 hose connected to a water supply, or AND other fire-extinguishing equipment readily available
22 for use. recreational fires shall be in accordance with the provisions of this code.
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1 (5) Prohibition or discontinuance by Chief The Chief OR THE FIRE MARSHAL may
2 prohibit or terminate any or all outdoor-burning RECREATIONAL FIRES when atmospheric
3 conditions or local conditions make such fires hazardous, or when the Chief OR FIRE
4 MARSHAL determines such action is necessary to protect public safety.
5 (6) Illegal burning. Kindling or maintaining any outdoor burning in violation of this section,
6 failing to comply with the requirements of this section, failing to comply with an order of the
7 Chief as provided in this section or otherwise failing to comply with the requirements of this
8 section shall be illegal. The Fire Marshal and other members of THE DIVISION the Fire
9 Prevention Bur au of the City of Lansing are specifically authorized to enforce this section.
10 I.F. C. Section 503 Fire Lanes is hereby added as follows:
11 (1) Purpose. This section is to be interpreted as the standard of care necessary to protect both
12 people and property within the City of Lansing in case of a fire or similar emergency in any of
13 . Z . : -
1 4 (2-)
14 al A uthority. The Fire Marshal'S OFFICE of the Fire Prevention Bureau of the City of
15 Lansing shall be responsible for MAY establishing fire lanes on both public and private property
16 within the City. The following criteria shall be used in determining the necessity of fire lanes:
17 (A) (a) Fire lanes shall MAY be established by the Fire Prevention Bur u as deemed necessary
18 ns. This list shall not be deemed to be exclusive, but shall be deemed to
19 e , the type of establishment where necessary:
20 (1) Apartment complexes;
21 (2) Auditoriums and all like places of public assembly;
22 (3) Churches;
23 ('!) Hospitals, convalescent homes and nursing homes;
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1 (5) Hotels, motels and boarding-houses;
(6) M
3 (7) Multiple private residential areas; and
4 (8) Shop
5 (B-) (b) The necessity of access into the, above enumerated areas from public thoroughfares shall
6 be considered when establishing fire lanes.
7 (C) (c) The necessity of traffic lanes that are free from parked vehicles, both to and around the
8 above enumerated AFFECTED establishments, and that are capable of handling City fire
9 vehicles, shall also be considered.
10 This determination shall be made whenever the FIRE MARSHAL'S OFFICE Bureau deems that
11 such lanes are necessary for the safety of occupants and property of such establishments or when,
12 after being petitioned by a private land owner to have fire lanes established on his or her
13 property, the Bureau FIRE MARSHAL'S OFFICE declares fire lanes NECESSARY thereon in
14 accordance with the above criteria. This section shall apply to all such existing facilities within
15 the City. The Fire Marshal or HIS OR HER designated representative shall notify the land owner
16 of any such property whereon fire lanes are established, by mailing notice of the same to the
17 address of the owner as identified in the records of the City Assessor.
18 (3) (jRecords. The Fire MARSHAL'S OFFICE Prevention Bur u shall keep an accurate up
19 to date record of all fire lanes established within the City.
20 (4) (3) Signs. All fire lanes shall be conspicuously posted with uniform fire lane signs
21 prescribed by the Fire Marshal and erected not more than 100 feet apart in all areas designated as
22 fire lanes. The erection and maintenance of such signs shall be the responsibility of the property
23 owner. Any owner who, upon notification that a fire lane has been established on his or her
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DRAFT #1.2
MARCH 23, 2011
1 property and within thirty days thereof, fails to erect uniform fire lane signs, shall be in violation
2 of this section and subject to the penalty provided in Section 1610.99 of the Codified Ordinances
3 of the City. Further, when such signs are not erected within 30 days of notification, Council may
4 direct such signs to be erected and the cost thereof assessed against the property on the next
5 general assessment roll of the City.
6 (5) (4) Permitted parking. The Fire Marshal may grant permission for parking of certain
7 vehicles, objects or trailers in designated fire lanes for limited periods where such parking will
8 not interfere with the use of the fire lane by emergency vehicles. Whenever such permission is
9 granted, a record of the same shall be kept by the Fire MARSHAL'S OFFICE Prevention
10 Bureau. In conjunction with such permission, the FIRE MARSHAL'S OFFICE Bureau shall
11 furnish a sign to be posted conspicuously on the vehicle, object or trailer stating that permission
12 to so park has been granted and stating the duration that it may remain so parked.
13 (6) (5) Guidelines for fire lanes at construction sites. The Fire Marshal shall establish
14 guidelines for use by the Building Safety Division in determining the need for fire lanes at all
15 new construction sites and at sites where existing structures are being modified. These guidelines
16 shall include minimum dimensions for such fire lanes so as to provide adequate maneuverability
17 for City fire vehicles. The Fire MARSHAL'S OFFICE Prevention Bureau shall make a final
18 check of all plans for such building or alteration upon submission of the same by the Building
19 Safety Division. The Fire MARSHAL'S OFFICE Prevention Bureau shall either approve or
20 reject such plans within 20 days of such submission and, if rejected, shall state the reasons for
21 the same. After rejection, such plans may be resubmitted for approval after the necessary
22 changes have been made.
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1 (7) () Removal of vehicles, etc., from fire lanes. When any member of the Fire department or
2 the Police Department observes any vehicle, trailer or other object parked in a fire lane as herein
3 established, and such vehicle, trailer or other object is not in such fire lane under authority of
4 subsection (c) (4) hereof, he or she shall remove such vehicle, trailer or other object or cause the
5 same to be removed at the expense of the owner. If any vehicle, trailer or other object is so
6 located within a fire lane at a time the Fire Department is responding to an alarm which
7 necessitates use of such fire lane, then any member of the Police Department or the Fire
8 Department may move such vehicle, trailer or other object or cause the same to be moved by any
9 means possible without liability for and damage
10
11 (8) (7) Prohibited parking; citations.
12 (a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with
13 other traffic or in compliance with the directions of a law enforcement officer, fire-fighter or
14 traffic control device, within 15 feet of a fire hydrant.
15 (b) No person shall stop, stand or park a vehicle, whether occupied or not, in an area designated
16 as a fire lane, on public or private property, except when necessary to avoid conflict with other
17 traffic or at the direction of a law enforcement officer, fire-fighter or traffic control device.
18 (c) The Fire MARSHAL and other members of the Fire MARSHAL'S OFFICE Prevention
19 Bureau shall have the power and authority of a police officer to issue uniform traffic citations for
20 a violation of any of the provisions of this section.
21 (9) (8) A ppeals. Notwithstanding the provisions of section 108 of this code, the following shall
22 be the method of appeal from any decision of the Building Board of Appeals as it may pertain to
23 this section:
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1 If any land owner is aggrieved by any decision as to the establishment of fire lanes, he or she
2 shall, within 30 days of the date of mailing of the fire lane establishment notice as provided for
3 in subsection ((c) hereof, or within 30 days of the denial of a petition to establish a fire lane,
4 file with the Board of Appeals a written exception to such decision, together with his or her
5 reasons for the same.
6 DURING THE NEXT SCHEDULED MEETING OF Within 10 days from the date of receipt of
7 such exception by the Board of Appeals, OR A SPECIAL MEETING SET FOR HEARING
8 THE EXCEPTION, it shall, after consideration of the reasons for the exception, affirm, modify
9 or rescind its original decision. If the aggrieved party is still without satisfaction, he or she may
10 file an appeal with Council through the Office of the City Clerk. The City Clerk shall then place
11
12 appeal within a rqa.sonablc time, but not later than 30 days from the date the appeal was placed
13 on the agenda. Subsequent to the determination by Council, the aggrieved party may file a
14 petition with the appropriate court.
15 I.F. C. Section 508.5 507.5 Fire Hydrant Systems is hereby amended to include the following
16 language:
17 Fire hydrant systems shall comply with sections 507.5.1 - 507.5.6 5 I: .:
18 installation of new and replacement hydrant systems and at the point of tap-in to a water main,
19 shall be completed by the Lansing Board of Water and Light, pursuant to the tenns and
20 conditions of the collective bargaining agreement between the Board of Water and Light and the
21 International Brotherhood of Electrical Workers (IBEW) Local 352, and shall follow the
22 requirements for design and maintenance as set forth by the Board of Water and Light, and as
23 approved by the Fire Chief OR THE FIRE MARSHAL.
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1 IF C. Section 603.8 Incinerators is hereby deleted and a new section 603.8 is added as follows:
2 Incinerators
3 (1) General. Free-standing noncommercial incinerators not connected to buildings are not
4 permitted. Permitted incinerators shall be in accordance with other governing agencies'
5 requirements regulating emissions. For other requirements, see the International MICHIGAN
6 Building Code, as adopted in Section 1420.01 of the Codified Ordinances of the City of Lansing,
7 and the International MICHIGAN Mechanical Code, as adopted in Section 1426.01 of the
8 Codified Ordinances of Lansing.
9 (2) Maintenance. Incinerators shall be maintained in good condition at all times.
10 (3) Discontinuance. The Fire Chief AND THE FIRE MARSHAL ARE is authorized to require
11 incinerator use to be immediately discontinued if the Chief OR THE FIRE MARSHAL
12 determines that smoke emissions are offensive to the occupants of surrounding property of OR if
13 the use of the incinerator is determined by the Chief OR THE FIRE MARSHAL to constitute a
14 hazardous condition.
15 I.F. C. Section 903.2.10.3 903.2.11.3 Buildings Over 55 Feet in Height is hereby amended to
16 include the following:
17 This section shall include the adopted State of Michigan Bureau of Construction Codes
18 Amendments to the International Building Code.
19 I.F.C. Section 907.2.12 907.2.13 High Rise buildings is hereby amended to include the
20 following:
21 This section shall include the adopted State of Michigan Bureau of Construction Codes
22 Amendments to the International Building Code.
23 I.F. C. Section 905.11 Existing Buildings is hereby deleted in its entirety.
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1 I.F. C. Section 907.3 W here Required--Retroactive in Existing Buildings and Structures is hereby
2 deleted in its entirety AND REPLACED WITH THE FOLLOWING LANGUAGE:
3 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SHALL MEET THE
4 REQUIREMENTS OF THE MICHIGAN BUILDING CODE ADOPTED IN CHAPTER 1420.
5 I.F. C Section 3204.3.1.1 Location is hereby deleted and a new section 3204.3.1.1 is added as
6 follows:
7 Stationary containers shall be located in accordance with section 3204.3.1 3203.6. Containers of
8 cryogenic fluids shall not be located within diked areas containing other hazardous materials.
9 The geographic limits in which the storage of flammable cryogenic fluids in stationary
10 containers is prohibited are to be determined by the Lansing Fire Chief OR THE FIRE
11 MARSHAL in accordance with NFPA 30 FLAMMABLE AND COMBUSTIBLE LIQUIDS
12 CODE, Department of Environmental Quality, SECTIONS 3204.3.1.1.1 - 3204.3.1.1.5, TABLE
13 3204.3.1.1, and any other applicable code or standard recognized by the Fire Chief OR THE
14 FIRE MARSHAL.
15 I.F. C Section 3404.2.9.5.1 3404.2.9.6.1 Locations W here A bove-ground Tanks are Prohibited is
16 hereby deleted and a new section 3404.2.9.5.1 is added as follows:
17 The geographic limits in which the storage of class I and class II liquids in above-ground tanks
18 outside of buildings is prohibited is to be determined by the Lansing Fire Chief OR THE FIRE
19 MARSHAL in accordance with NFPA 30 FLAMMABLE AND COMBUSTIBLE LIQUIDS
20 CODE, Department of Environmental Quality, and any other applicable code or standard
21 recognized by the Fire Chief OR THE FIRE MARSHAL.
22 I.F. C. Section 3406.2.4.4 Locations W here A bove-ground Tanks are Prohibited is hereby
23 deleted and a new section 3406.2.4.4 is added as follows:
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1 The geographic limits in which the storage of class I and class II liquids in above-ground tanks is
2 prohibited are to be determined by the Lansing Fire Chief OR THE FIRE MARSHAL in
3 accordance with NFPA 30 FLAMMABLE AND COMBUSTIBLE LIQUIDS CODE,
4 Department of Environmental Quality, and any other applicable code or standard recognized by
5 the Fire Chief OR THE FIRE MARSHAL.
6 I.F.C. Section 3804.2 Maximum Capacity W ithin Established Limits is hereby deleted and a new
7 section 3804.2 is added as follows:
8 The geographic limits in which the storage of liquified petroleum gas is restricted for the
9 protection of heavily populated or congested areas is to be determined by the Lansing Fire Chief
10 OR THE FIRE MARSHAL in accordance with NFPA 58, THE LIQUEFIED PETROLEUM
11 GAS CODE, the International MICHIGAN Mechanical Code, and any other applicable code or
12 standard recognized by the Fire Chief OR THE FIRE MARSHAL. The aggregate capacity of
13 any one installation shall not exceed a water capacity of 2,000 gallons (75701).
14 Exception: In particular installations, this capacity limit shall be determined by the Fire CHIEF
15 OR THE FIRE MARSHAL Code Official, after consideration of special features such as
16 topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed
17 containers, degree of fire protection to be provided and capabilities of the local fire department.
18 I.F. C. CHA PTER 46, CONSTRUCTION REQUIREMENTS FOR EX ISTING BUILDINGS, IS
19 HEREBY A MENDED A S FOLLOW S:
20 SECTIONS 4601-4604 ARE DELETED AND REPLACED WITH THE FOLLOWING
21 LANGUAGE:
22 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS SHALL MEET THE
23 REQUIREMENTS OF THE MICHIGAN BUILDING CODE ADOPTED IN CHAPTER 1420.
Document in Unnamed
DRAFT #1.2
MARCH 23, 2011
1 I.F. C. Chapter 45 47 Referenced Standards is hereby amended to include the following
2 language:
3 Referenced standards shall be the most current publication or standard.
4 The following appendices are hereby amended to include the following language:
5 A ppendix B Fire Flow Requirements for Buildings
6 Section B105.2 Building Other Than One- and Two-family Dwellings is hereby amended to
7 include the following language:
8 No supply shall be permitted using piping less than 8 inches in diameter.
9 A ppendix D Fire A pparatus A ccess Roads
10 Section D101.1 Scope is hereby amended to include the following language:
11 Fire apparatus access roads shall be in accordance with this appendix, all other applicable
12 requirements of the International Fire Code or as required by the Fire Chief OR THE FIRE
13 MARSHAL.
14 A PPENDIX I FIRE PROTECTION SY STEMS NONCOMPLIA NT CONDITIONS
15 UNDER SECTIONI101.3, PA RA GRA PH 3.1 IS HEREBY DELETED.
16 1610.025. Reserved.
17 Editor's note: Ord. No. 1046, § 1, adopted March 4, 2002, repealed § 1610.025 which
18 pertained to storage of flammable or combustible material and derived from Ord. No. 857,
19 adopted Feb. 8, 1993, and Ord. No. 1001, § 1, adopted March 1, 1999.
20 1610.03. Violations.
21 (a) No person shall violate any of the provisions of this chapter or fail to comply therewith, or
22 violate or fail to comply with any order or regulation made thereunder, or build in violation of
Document in Unnamed
DRAFT #1.2
MARCH 23, 2011
1 any detailed specifications or plans submitted and approved thereunder, or violate the terms of
2 any license or permit issued thereunder.
3 The imposition of one penalty for a violation of or noncompliance with any of the provisions of
4 this chapter shall not excuse the violation or permit it to continue, and any person violating or
5 failing to comply shall be required to correct or remedy such violation or noncompliance within
6 a reasonable time. When not otherwise specified, a separate offense shall be deemed committed
7 each day that prohibited conditions are maintained.
(b) The application of the penalty set forth in Section 1610.99 shall not be held to prevent the
9 enforced removal or correction of prohibited conditions.
10 (c) Any of the requirements of this chapter specified for a certain section shall also apply to any
11 other section in which the same condition, operation or hazard exists of a similar nature, whether
12 or not specifically stated.
13 d of any order or directive and/or the noncompliance with any of the
14
15 basis for the suspension or revocation of any City license.
16 1610.98. Issuance of municipal civil infraction citations and violation notices.
17 The Fire Marshal and all fire inspectors are hereby designated as the authorized City officials to
18 issue municipal civil infraction citations (directing alleged violators to appear in court) or
19 municipal civil infraction violation notices (directing alleged violators to appear at the Municipal
20 Ordinance Violations Bureau) as provided in Chapter 203 or Part 1, Section 8 of these Codified
21 Ordinances.
22 1610.99. Penalty.
Document in Unnamed
DRAFT #1.2
MARCH 23, 2011
1 (a) Municipal civil infraction. Whoever violates any of the provisions of this chapter except
2 Section 1610.02 (I.F.C. Section 511.1(h) Prohibited Parking; Citations), is responsible for a
3 municipal civil infraction and shall be subject to the civil fine provided in Section 203.06 of
4 these Codified Ordinances, plus costs and other sanctions, for each infraction. Repeat offenses
5 shall be subject to increased fines as provided by Section 202.99(c)(2).
6 (b) Civil fine. A fire lane violation under Section 1610.02 (I.F.C. Section 511.1(h) Prohibited
7 Parking; Citations) shall be subject to the civil fine provided in Part 1, Section 8 of these
17
18
19 City Attorney
20
21 Dated:
22
23
Document in Umlamed
OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Amending Section
608.04 of Lansing Codified Ordinances by Allowing Sale and Consumption of Alcohol in Fenner Nature
Center
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
From: Murdock Jemerson
Subject: CITY COUNCIL AGENDA ITEM - ALLOWING SALE AND CONSUMPTION OF

ALCOHOL IN FENNER NATURE CENTER
Date: April 7, 2011
Attachments

of L,.ANSINC-
INTEROFFICE COMMUNICATION
DATE: April 7, 2011
TO: Virg Bemero, Mayor

City of Lansing
FROM: Murdock Jemerson, Director

RE: Ordinance Amendments.for FY 12 Budget
Attached are amendments to ordinances that affect the operations of this department. The
first amends the ordinance regulating the sale and consumption of alcohol in public
places. This amendment adds Fenner Nature Center to the list of parks that are allowed
to sell and consume beer and wine. This. action. was discussed and recommended by the
Lansing Park Board during its February 2011 meeting.
The second amendment affects the process of the Memorial Review Board in the
renaming of parks and facilities. This amendment allows for the direct review of any
renaming proposal to go directly to the Lansing Park Board for a recommendation to the
Mayor. The Lansing Park Board, has had guidelines for the renaming of parks and
facilities since its inception.
I am requesting that these proposed ordinance amendments, with your approval, be

forwarded to City Council for review and action.
cc: Jerry Ambrose, Chief of Staff

DRAFT #2
APRIL 7, 2011
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND SECTION
3 608.04 OF THE LANSING CODIFIED ORDINANCES BY ALLOWING SALE AND
4 CONSUMPTION OF ALCOHOL IN FENNER NATURE CENTER, SUBJECT TO
5 RESTRICTIONS ON SALE AND CONSUMPTION OF ALCOHOL IN PARKS.
7 Section 1. That Section 608.04 of the Codified Ordinances of the City of Lansing,
Michigan, be and is hereby amended to read as follows:
9 608.04. Restrictions on sale and consumption on public property.
10 (a) No person shall:
11 (1) Sell, consume or possess in an open container alcoholic beverages in the public streets,
12 public places, parks, alleys, sidewalks, City-owned parking facilities or the Turner-Dodge House,
13 except as provided in this section; or
14 (2) Sell, consume or possess in an open container alcoholic beverages in a private parking lot or
15 facility, including, but not limited to, shopping center parking lots or parking areas adjacent to
16 commercial establishments which are utilized by patrons of the commercial establishment, unless
17 such person has in his or her possession, in writing, the express permission or consent of the
18 owner or lessee, or the lawful agent of the owner or lessee, of such lot or facility. This paragraph
19 shall not apply to any event sponsored or authorized in writing by the owner or lessee of such
20 premises.
21 (b) Beer or wine may be sold and/or consumed in City parks, upon approval of the Mayor, if:
22 (1) For sales of beer and wine, a special license for such sale is obtained from the Michigan
23 Liquor Control Commission and if the Mayor approves the license application prior to the
1
Document in Unnamed
DRAFT #2
APRIL 7, 2011
1 issuance of the license. Approval by the Mayor shall be granted only if the license is to be
2 utilized in conjunction with a City-approved cultural, ethnic or community activity open to the
3 public or if the license is to be utilized in conjunction with a City-approved tourist or convention
4 activity; or
5 (2) For consumption only, where no sales occur, approval is granted for the consumption of
6 beer and wine at a City-approved cultural, ethnic or community activity open to the public, or in
7 conjunction with a City-approved tourist or convention activity, provided that with respect to
8 either the sale of beer and wine, or consumption, where no sales occur, the requirements set forth
in subsections (g), (h) and (i) hereof are met. Prior Mayoral approval shall not be required for the
10 sale and/or consumption of beer and wine at the Turner-Dodge House, Scott House and Park and
11 Cooley Gardens.
12 (c) Notwithstanding the limitations set forth in subsection (b) hereof, beer or wine may be sold
13 for consumption at Kircher Field or Ranney Field if a special license for such sale is obtained
14 from the Michigan Liquor Control Commission and if the Mayor approves the license
15 application prior to the issuance of the license. Approval of the Mayor shall be granted for the
16 sale and/or consumption of beer and wine at Kircher Field or Ranney Field only in conjunction
17 with City-approved district, State, regional or national adult athletic tournaments and if the
18 requirements set forth in subsections (g), (h) 1 and (i) hereof are met.
19 (d) NOTWITHSTANDING THE LIMITATIONS SET FORTH IN SUBSECTION (b)
20 HEREOF, Beer BEER or wine may be sold for consumption, and may be consumed, within the
21 grounds of the Turner-Dodge House, Scott House and Park, -alld Cooley Gardens, OR FENNER
22 NATURE CENTER, provided that all permits required by the Department of Parks and
23 Recreation have been obtained, a special license, if applicable, has been obtained from the
2
Document in Unnamed
DRAFT #2
APRIL 7, 2011
1 Michigan Liquor Control Commission, and the requirements set forth in subsections (g), (h), and
2 (i) hereof are met. Rental fees for the Turner-Dodge House, or for events at the Scott House and
3 Park,. er Cooley Gardens, OR FENNER NATURE CENTER shall be set by resolution of
4 Council. Use of the Turner-Dodge House, Scott House and Park, er Cooley Gardens, OR
5 FENNER NATURE CENTER in conjunction with the sale of beer or wine for consumption shall
6 not be limited to public events, but may also include private events.
7 (e) Beer or wine may be sold for consumption within the concession area or any other area
8 within the perimeter of the Groesbeck Golf Course, provided that, if sold, a license for such sale
9 has been obtained from the Michigan Liquor Control Commission, and provided, further, that
10 any such consumption or sale shall be contingent upon approval. by the Department of Parks and
11 Recreation and subject to such rules or restrictions as the Department may establish.
12 (f) Sale and consumption of alcoholic beverages may occur within the concession area or any
13 other area within the City Market or its environs, provided that, if sold, a license for such sale
14 has been obtained from the Michigan Liquor Control Commission and the sale and for
15 consumption occurs within a clearly demarcated area in compliance with the license, and
16 provided, further, that any such sales for consumption shall be contingent upon approval by the
17 Lansing Entertainment and Public Facilities Authority (LEPFA) and subject to such rules or
18 restrictions as LEPFA may establish. Notwithstanding section (i) herein, any such applicant shall
19 file with the City Clerk proof of a personal injury and property damage insurance policy insuring
20 such applicant against any liability imposed on such applicant and/or the City arising out of the
21 sale and/or consumption of alcoholic beverages, and naming the City and LEPFA as additional
22 insureds. Such policy shall provide for not less than the payment of up to $1,000,000.00 in the
23 event of injury to or death of one person or more than one person, and for the payment of not less
3
Document in Unnamed
DRAFT #2
APRIL 7, 2011
1 than $400,000.00 for property damage. This requirement may be waived or the amounts of such
2 required insurance reduced by resolution of Council finding that such a reduction or waiver is in
3 the public interest.
4 (g) Beer or wine may be sold for consumption within the streets, alleys, sidewalks and public
5 places within the boundaries of the Downtown Mall and environs, as defined in Section 812.01
6 of the Business Regulation and Taxation Code, provided that the following conditions are
7 satisfied:
(1) The request has been approved by the Mayor after the Mayor has received recommendations
9 from the Mall Advisory Board and from any other City department the Mayor may desire
10 recommendations from.
11 (2) The individual, group or organization making the application obtains a special license for
12 such sale and consumption from the Michigan Liquor Control Commission.
13 (3) The individual, group or organization has complied with subsections (g), (h), (i) and (j)
14 hereof.
15 (4) Any other conditions which the Mayor may require have been met.
16 (h) The City Clerk shall provide a form on which the applicant shall provide the following
17 information:
18 (1) The name and address of the applicant;
19 (2) The name of the organization, if applicable;
20 (3) The type of event;
21 (4) The date of the application;
22 (5) The date and time of the event planned;
23 (6) The purpose of the event;
4
Document in Unnamed
DRAFT #2
APRIL 7, 2011
1 (7) The estimated number of persons attending;
2 (8) The name of the insurance company, if applicable, from which the necessary public liability
3 policy will be or has been obtained;
4 (9) Proof that the proper rental fee has been paid, if applicable; and
5 (10) The security measures which the applicant proposes to utilize.
6 Upon the applicant's payment of an application fee, as determined by resolution of Council, the
7 City Clerk shall forward the completed application form to the Police Department and to the
8 Department of Parks and Recreation for review.
9 (i) Whenever a special license for the sale and/or consumption of beer or wine in City parks, or
10 within the Downtown Mall and environs or upon the grounds of the Turner-Dodge House, Scott
11 House and Park, aft€l Cooley Gardens, OR FENNER NATURE CENTER is required, the
12 applicant shall file with the City Clerk proof of a personal injury and property damage insurance
13 policy insuring such applicant against any liability imposed on such applicant and/or the City
14 arising out of the sale and/or consumption of beer or wine. Such policy shall provide for not less
15 than the payment of up to $300,000.00 in the event of injury to or death of one person or more
16 than one person, and for the payment of not less than $100,000.00 for property damage. Such
17 policy shall have a provision to the effect that the insurance company shall notify the City Clerk
18 at least ten days prior to the expiration of such policy. However, this requirement may be waived
19 or the amounts of such required insurance reduced by resolution of Council finding that such a
20 reduction or waiver is in the public interest.
21 (j) The applicant shall be solely responsible for providing adequate security, in the form of
22 adequate personnel and fencing, as determined by the Department of Parks and Recreation.
5
Document in Unnamed
DRAFT #2
APRIL 7, 2011
1 Approval by the Department of the applicant's plan for security shall be obtained prior to any
2 application being approved or any event being scheduled.
3 (k) No person shall sell or dispense beer or wine for consumption in City parks, in any
4 container other than a paper or plastic container. No person shall sell or dispense beer or wine for
5 consumption within the Turner-Dodge House in any container other than a paper or plastic
6 container unless prior written permission has been received from the Department of Parks and
7 Recreation.
8 (1) (1) Notwithstanding any provision set forth in this Section 608.04 to the contrary, beer or
9 wine may be sold for consumption on the premises, and may be consumed, at public or private
10 events or functions within the grounds of the Potter Park Zoo Exploration and Discovery Center
11 and Plaza, provided:
12 a. Dispensing of beer or wine shall be conducted by persons or entities not affiliated with Potter
13 Park Zoo or any of its auxiliary organizations;
14 b. No beer or wine may be sold or dispensed during hours when the Potter Park Zoo is open to
15 the general public;
16 c. For sales of beer or wine for consumption on the premises an appropriate license shall be
17 obtained from the Michigan Liquor Control Commission; furthermore, prior mayoral approval is
18 required, which approval shall only be granted in conjunction with a City-approved cultural,
19 ethnic or community activity open to the public, or in conjunction with a City-approved tourist or
20 convention activity;
21 d. Intoxicating liquors (i.e. distilled rather than fermented alcoholic beverages) may not be sold
22 on the premises.
Document in Unnamed
DRAFT #2
APRIL 7, 2011
1 (2) Commencing July 1, 2001, rental fees for the Potter Park Zoo Exploration and Discovery
2 Center and Plaza shall be set by resolution of City Council.
10
12
13
14 City Attorney
15
16 Dated:
17
18
7
Document in Unnamed
OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Amending Chapter
1034.02 of Lansing Codified Ordinances By Excluding Parks, Parks Facilities and Structures from the
Review Process
VB/rh
Attachment

City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
From: Murdock Jermerson, Director of Parks and Recreation
Subject: Resolution- Introduction of Ordinance & Setting Public Hearing- Amending Chapter
1034.02 of Lansing Codified Ordinances By Excluding Parks, Parks Facilities and Structures from the Review
Process
Date: April 7, 2011
Attachments

CITY of E,ANSING
INTEROFFICE COMIVITJNICATION
DATE: April 7, 2011
TO: Virg Bemero, Mayor

City of Lansing
FROM: Murdock Jemerson, Director

RE: Ordinance Amendments for FY 12 Budget
Attached are amendments to ordinances that affect the operations of this depai. tiiient. The
first amends the ordinance regulating the sale and consumption of alcohol in public
places. This amendment adds Fenner Nature Center to the list of parks that are allowed
to sell and consume beer and wine. This. action was discussed and recommended by the
Lansing Park Board during its February 201 .1 meeting.
The second amendment affects the process of the Memorial Review Board in the
renaming of parks and facilities. This amendment allows for the direct review of any
renaming proposal to go directly to the Lansing Park Board for a recommendation to the
Mayor. The Lansing Park Board has had guidelines for the renaming of parks and
facilities since its inception.
I am requesting that these proposed ordinance amendments, with your approval, be

forwarded to City Council for review and action.
cc: Jerry Ambrose, Chief of Staff

Draft #5
April 7, 2011
1
2 ORDINANCE NO.
3 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND SECTION
4 1034.02 OF THE LANSING CODIFIED ORDINANCES BY EXCLUDING PARKS, PARKS
5 FACILITIES, AND STRUCTURES LOCATED IN PARKS FROM THE REVIEW PROCESS
6 ESTABLISHED BY CHAPTER 1034.
Section 1. That Section 1034.02 of the Codified Ordinances of the City of Lansing,
10 CHAPTER 1034. NAMING AND RENAMING OF PUBLIC MEMORIALS*

11
12 1034.02. Definitions.
13 As used in this chapter:
14 A . Local street means a Lansing street right-of-way designated as a local street in the Public
15 Service Department on "the Michigan Department of Transportation Certified Major and Local
16 Street Designation."
17 B. Major street means a Lansing street right-of-way designated as a major street in the Public
18 Service Department on "the Michigan Department of Transportation Certified Major and Local
19 Street Designation."
20 C. Public memorial means a public building, park, garden, sculpture, bridge or other public
21 structure or area EXCLUDING PARKS, PARKS FACILITIES, AND ANY STRUCTURE
22 LOCATED IN A PARK, that is named and dedicated in honor and memory of a person,
23 organization, event or other entity.
24 D. Street as a memorial means a street that is named to honor and memorialize a person,
25 organization, event or other entity.

1
Document in Unnamed
Draft #5
April 7, 2011
2
11
12
13 City Attorney
14
15 Dated:
16
17
2
Document in Unnamed
OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Amending Chapter
1046 of the Lansing Codified Ordinances by Making Changes Approved by the Michigan Department of
Environmental Quality
VB/rh
Attachment

RANDY HANNAN, DEPUTY CHIEF OF T F
FROM: CHAD A. GAMBLE, P.E., DIRECT
DATE: APRIL 7, 2011
RE: PROPOSED AMENDMENTS TO THE SEWER USE ORDINANCE 1046
Please find attached proposed changes to the Sewer Use Ordinance Chapter 1046 of the City's Code of
Ordinances. This documents and its changes were developed in concert with the Office of the City
Attorney, and Wastewater Treatment Plant Staff & its Consultant.
The rationale far the changes was based on two key items: requirement and need. The City was required
per 40 CFR Part 403 (regulations were streamlined on October 14, 2005) to develop and enforce certain
limits set forth in 403.5(a)(al) and (b). Each Publicly Owned Treatment Works with an approved
pretreatment program is now required to develop and effectively enforce such limits.
There was also a need to update the ordinance for flexibility in industrial and domestic wastewater
pollutant loading and permitting processes at the wastewater treatment plant. The proposed changes offer
opportunities to accommodate users within the system while still maintaining effective treatment and
pollutant reductions. Completion of the change brings the Public Service Department, Wastewater
Division more inline with other municipalities and offers a wide range of options for permitting and
enforcement, as well as opportunities for surcharges and recouping costs.
Additional benefits derived from the adoption of the proposed changes are;
o Updated definitions from within the ordinance related to the Lansing Wastewater treatment plant
collection system, treatment process, legal descriptions and enforcement administration thereof;
o Sets forth lower allowable loading and pollutant concentration levels (based on sound science
studies conducted at the headworks of the wastewater treatment plant and respective collection
system);
o Establishes a Special Allocation Limit (SAL) that allows flexibility in permitting pollutant
discharge parameters that would otherwise be prohibited (by previous ordinance language);
o Adds revised language regarding the issuance of discharge permits, associated requirements, and
responsibilities of the permittee.
I recommend that these important ordinance amendments be forwarded to the Council for its
consideration and adoption. Please contact me if you have any questions. Thank you.
JERRY AMBROSE, CHIEF OF STAFF'
FROM: TOM COCHRAN, FIRE CHIEF

PHIL SABON, FIRE MARSHAL
DATE: APRIL 8, 2011
RE: ADOPTION OF 2009 VERSION OF THE INTERNATIONAL FIRE CODE

AS THE FIRE PREVENTION CODE PER ORDINANCE 1610
My department recommends the adoption of the 2009 version of the International Fire
Code (IFC) as the reference Fire Prevention Code per City Ordinance 1610. Currently,
Ordinance 1610 references the 2003 version of the IFC. Adoption of the 2009 version
of the IFC will align the city with the current City of Lansing referenced 2009 Michigan
Building Code (MBC). Both codes (MBC & IFC) mirror many Life Safety features for
new and existing buildings. Adoption of the 2009 IFC will eliminate inconsistencies
between both codes.
The International Fire Code is a model code that regulates minimum fire safety
requirements for new and existing buildings and facilities. The IFC addresses fire
prevention, fire protection, life safety, and safe storage use of hazardous materials for
these facilities. It provides a total approach of controlling hazards in all buildings and
sites, regardless of the hazard being indoors or outdoors. Changes made to Ordinance
1610 are administrative. Code sections referenced in the current ordinance did not
match up with the 2009 version of the IFC. Some additional changes to the ordinance
are (1) Clearer requirements for Recreational Burning within the city; (2) Process for
individuals to alter code sections with the Building Board of Appeals; (3) Requirements
for submittal of Hazardous Material Storage Management Plan for compliance with
Firefighter Right to Know rules.

DRAFT #2
AUGUST 14, 2009
1 ORDINANCE NO.
3 CHAPTER 1046 OF THE LANSING CODIFIED ORDINANCES BY MAKING
4 CHANGES APPROVED BY THE MICHIGAN DEPARTMENT OF
5 ENVIRONMENTAL QUALITY AND REQUIRED BY FEDERAL LAW.
9 1046.01. Purpose.
10 The purpose of this chapter is to regulate industrial waste pretreatment facilities and the
11 discharge of industrial waste into the City's publicly operated treatment works and to
12 provide for pollutant limitations, data collection, monitoring and sampling and for
13 penalties for the violation thereof for the following purposes:
14 (a) To prevent the introduction of pollutants into the City's wastewater system which
15 will interfere with the normal operation of the system or contaminate the resulting
16 Municipal sludge;
17 (b) To prevent the introduction of pollutants into the City's wastewater system which do
18 not receive adequate treatment in the publicly owned treatment works and which will
19 pass through the system into receiving waters or the atmosphere or otherwise be
20 incompatible with the system;
21 (c) To improve the opportunity to recycle and reclaim wastewater and sludge from the
22 system; and
23 (d) To provide for the recovery of costs from users of the publicly owned treatment
24 works for the implementation of the program established in this chapter.
25 1046.02. Definitions.
26 As used in this chapter, unless the context specifically indicates otherwise:
27 The A ct means the Federal Water Pollution Control Act, also known as the Clean Water
28 Act, as amended, 33 U.S.C. 1251 et seq.
1
Document in Unnamed
DRAFT #2
AUGUST 14, 2009
1 A lternative discharge limit means a limit set by the City in lieu of the promulgated
2 national categorical pretreatment standards for integrated facilities in accordance with the
3 combined waste stream formula, as set by the U.S. Environmental Protection Agency
4 (EPA).
5 A pproval authority means the administrator of the EPA until such time as the State
6 _. is approved and then the Director of the State Department of
7 Natural Resources DIRECTOR OF THE MICHIGAN DEPARTMENT OF
8 ENVIRONMENTAL QUALITY (MDEQ), OR HIS/HER DULY AUTHORIZED
9 REPRESENTATIVE.
10 A uthorized representative of industrial user means:
11 A. A principal executive officer of at least the level of vice-president, if the industrial
12 user is a corporation;
13 B. A general partner or proprietor, if the individual user is a partnership or
14 proprietorship, respectively; or
15 C. A duly authorized representative of an individual designated in paragraphs (4)A. and
16 B. hereof, if such representative is responsible for the overall operation of the facilities
17 from which the indirect discharge originates OR FOR ENVIRONMENTAL MATTERS
18 OF THE COMPANY. AUTHORIZATION FOR THIS REPRESENTATIVE MUST BE
19 SUBMITTED IN WRITING TO THE CITY BY THE INDIVIDUAL DESIGNATED IN
20 A OR B ABOVE.
21 A VERA GE LIMIT MEANS THE MAXIMUM ALLOWABLE AVERAGE DAILY
22 DISCHARGE OF A POLLUTANT DURING A GIVEN TIME PERIOD AND
23 CALCULATED AS THE SUM OF ALL DAILY DISCHARGE MEASUREMENTS
24 DURING THE PERIOD DIVIDED BY THE NUMBER OF DAILY
25 MEASUREMENTS.
26 BEST MA NA GEMENT PRA CTICES OR BMPS MEAN SCHEDULES OF ACTIVITIES,
27 PROHIBITIONS OF PRACTICES, MAINTENANCE PROCEDURES, AND OTHER
28 MANAGEMENT ACTIONS. BEST MANAGEMENT PRACTICES ALSO INCLUDE
29 TREATMENT REQUIREMENTS; OPERATING PROCEDURES; AND PRACTICES
30 TO CONTROL SITE RUNOFF, SPILLAGE OR LEAKS, SLUDGE OR WASTE
31 DISPOSAL, OR DRAINAGE FROM RAW MATERIALS STORAGE.
7
Document in Unnamed
DRAFT #2
AUGUST 14, 2009
1 Biochemical oxygen demand or BOD means the quantity of oxygen utilized in the
2 biochemical oxidation of organic matter under standard laboratory procedure in five days
3 at twenty degrees Centigrade expressed in terms of weights and concentration
4 (milligrams per liter).
5 Building sewer means a sewer conveying wastewater from the premises of a user to the
6 POTW.
7 Bypass means the intentional diversion of waste streams from any portion of a user's
8 treatment facility.
9 Categorical standards means national categorical pretreatment standards.
10 Chemical oxygen demand or COD means a measure of the oxygen-consuming capacity
11 of inorganic and organic matter present in water or wastewater. It is expressed as the
12 amount of oxygen consumed from a chemical oxidant in a specific test. It does not
13 differentiate between stable and unstable organic matter and thus does not necessarily
14 correlate with biochemical oxygen demand. "Chemical oxygen demand" is also known as
15 OC and DOC, oxygen consumed and dichromate oxygen consumed, respectively.
16 Combined waste stream means the waste stream at industrial facilities where regulated
17 process effluent is mixed with other wastewater, either regulated or unregulated, prior to
18 or at the point of treatment.
19 Compatible pollutant means a substance amenable to treatment in the wastewater
20 treatment plant, such as biochemical oxygen demand, suspended solids, pH and fecal
21 coliform bacteria, plus additional pollutants identified in the NPDES permit if the
22 publicly owned pretreatment works was designed to treat such pollutants and in fact does
23 remove such pollutants to a substantial degree.
24 Composite sample means a series of samples taken over a specific time period whose
25
26 combined into one sample SAMPLE ALIQUOTS COLLECTED SEPARATELY USING
27 A FLOW-PROPORTIONAL SAMPLING TECHNIQUE, AN ALTERNATE TIME-
28 BASED SAMPLING TECHNIQUE, OR A GRAB-BASED SAMPLING TECHNIQUE,
29 AND COMBINED INTO ONE SAMPLE PRIOR TO ANALYSIS. A FLOW-
30 PROPORTIONAL COMPOSITE SAMPLE IS ONE IN WHICH NUMEROUS
31 SAMPLE ALIQUOTS ARE COLLECTED AT A RATE DIRECTLY PROPORTIONAL
3
Document in Unnamed
DRAFT #2
AUGUST 14, 2009
1 TO THE WASTESTREAM FLOW. AN ALTERNATE TIME-BASED SAMPLING
2 TECHNIQUE IS ONE IN WHICH NUMEROUS SAMPLE ALIQUOTS ARE
3 COLLECTED AT REGULAR TIME INTERVALS REGARDLESS OF THE
4 WASTESTREAM FLOW. AN ALTERNATE GRAB-BASED SAMPLING
5 TECHNIQUE IS ONE IN WHICH A LIMITED NUMBER OF SAMPLE ALIQUOTS
6 ARE COLLECTED AT SPECIFIC TIMES.
7 Cooling water means the water discharged from any use such as air conditioning,
8 cooling or refrigeration, to which the only pollutant added is heat.
9 DA ILY MA X IMUMLIMIT MEANS THE MAXIMUM ALLOWABLE DISCHARGE OF
10 A POLLUTANT DURING A CALENDAR DAY. WHERE EXPRESSED IN TERMS
11 OF CONCENTRATIONS, THE DAILY DISCHARGE IS THE ARITHMETIC
12 AVERAGE OF ALL MEASUREMENTS TAKEN THAT DAY. WHERE
13 EXPRESSED IN TERMS OF MASS, THE DAILY DISCHARGE IS THE TOTAL
14 MASS DISCHARGED OVER THE COURSE OF THAT DAY.
15 Direct discharge means the discharge of treated or untreated wastewater directly to the
16 waters of the State.
17 Director means the Director of Public Service:, OR HIS/HER DULY AUTHORIZED
18 REPRESENTATIVE.
19 Environmental Protection A gency means the U.S. Environmental Protection Agency, its
20 administrator or another duly authorized official thereof
21 Grab sample means a sample which is taken from a waste stream on a one-time basis
22 with no regard to the flow in the waste stream and without consideration of time.
23 Holding tank waste means any waste from holding tanks such as vessels, chemical
24 toilets, campers, trailers, septic tanks and vacuum-pump trucks.
25 Incompatible pollutant means any pollutant which is not a compatible pollutant.
26 Indirect discharge means the discharge or the introduction of nondomestic pollutants
27 into the POTW, including holding tank waste discharged into the system.
28 Industrial user means any user which discharges industrial waste.
29 Industrial waste means the wastewater discharge from industrial, manufacturing, trade or
30 business processes, or wastewater discharge from any structure with such characteristics,
31 as distinct from an employee's domestic waste or waste from sanitary conveniences.
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1 INSTA NTA NEOUS LIMIT MEANS THE MAXIMUM CONCENTRATION OF A
2 POLLUTANT ALLOWED TO BE DISCHARGED AT ANY TIME, DETERMINED
3 FROM THE ANALYSIS OF ANY GRAB OR COMPOSITE SAMPLE COLLECTED,
4 INDEPENDENT OF THE INDUSTRIAL FLOW RATE OR DURATION OF THE
5 SAMPLING EVENT.
6 Integrated facilities means industrial facilities with a combined waste stream.
7 Interference means the inhibition or disruption of the POTW treatment processes or
8 operations which contributes to a violation of any requirement of the City's NPDES
9 permit or reduces the efficiency of the POTW. "Interference" includes the prevention of
10 sewage sludge use or disposal by the POTW.
11 Laboratory determination means the measurements, tests and analyses of the
12 characteristics of water and waste in accordance with the methods contained in the latest
13 edition (at the time) of any such measurements, tests or analyses of the characteristics of
14 waters and wastes in accordance with the methods contained in 40 C.F.R. 136, as
15 amended, or in accordance with any other method prescribed by the rules and regulations
16 promulgated pursuant to this chapter.
17 National Categorical Pretreatment Standard means any Federal regulation containing
18 pollution discharge limits promulgated by the EPA, which regulation applies to a specific
19 category of industrial users.
20 National Pollutant Discharge Elimination System Permit or NPDES permit means a
21 permit issued pursuant to Section 402 of the Act (33 U.S.C. 1342), as amended.
22 National prohibitive discharge standard or prohibitive discharge standard means any
23 regulation developed under the authority of Section 307(b) of the Act and 40 C.F.R.
24 403.5, as amended.
25 New source means any source AT WHICH, , the construction of which is commenced
26 after the publication of proposed pretreatment standards which will be applicable to such
27 source, SIGNIFICANT SITE PREPARATION FOR INSTALLATION OR ASSEMBLY
28 OF FACILITIES OR EQUIPMENT HAS BEGUN, INSTALLATION OR ASSEMBLY
29 OF FACILITIES OR EQUIPMENT HAS BEGUN, OR THE OWNER OR OPERATOR
30 HAS ENTERED INTO A BINDING CONTRACTUAL OBLIGATION, provided that:
31 A. Construction is at a site where no other point source is located;
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1 B. Process or production equipment causing discharge is totally replaced due to
2 construction; or
3 C. Production or wastewater generating processes of the facility are substantially
4 independent of an existing source at the same site.
5 Construction is considered to have commenced when installation or assembly of
6
7 -: -- - .. . . -ntercd into a binding contractual obligation.
8 pH means the logarithm base 10 of the reciprocal of the concentration of hydrogen ions;
9 expressed in grams per liter of solution.
10 Pollutant means any various chemicals, substances or refuse materials, such as solid
11 waste, sewage, garbage, sewage sludge, chemical wastes, biological materials,
12 radioactive materials, heat and industrial, municipal and agricultural wastes, which
13 impair the purity of water and soil.
14 Pollution means the man-made or man-induced alteration of the chemical, physical,
15 biological and radiological integrity of water.
16 Pretreatment or treatment means the reduction of the amount of pollutants, the
17 elimination of pollutants, the alteration of the nature of pollutants or the alteration of the
18 nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of
19 discharging or otherwise introducing such pollutants into a POTW. The reduction or
20 alteration can be obtained by physical, chemical or biological processes, process changes
21 or other means, except as prohibited by 40 C.F.R. 403.6(d), as amended.
22 Pretreatment requirement means any substantive or procedural requirement for treating
23 a waste prior to inclusion in the POTW.
24 Pretreatment standards means national categorical pretreatment standards or alternative
25 discharge limits, whichever is applicable.
26 POTW treatment plant means that portion of the publicly owned treatment works
27 designed to provide treatment to wastewater.
28 Publicly owned treatment works or POTW means a treatment works as defined by
29 Section 212 of the Act (33 U.S.C. 1292), which is owned by the City. "Publicly owned
30 treatment works" includes any sewer that conveys wastewater to the POTW treatment
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1 plant and any sewer that conveys wastewater to the POTW from persons outside the City
2 who are, by contract or agreement with the City, users of the City's POTW.
3 Severe property damage means substantial physical damage to property, damage to the
4 treatment facilities which causes them to become inoperable, or substantial and
5 permanent loss of natural resources which can reasonably be expected to occur in the
6 absence of a bypass. Severe property damage does not mean economic loss caused by
7 delays in production.
8 Significant industrial user means:
9 A. Non-domestic user subject to categorical pretreatment standards under 40 CFR 403
10 (1992) and 40 CFR chapter 1, subchapter N (1990).
11 B. A non-domestic user to which one of the following provisions applies:
12 1. The user discharges an average of 25,000 gallons per day or more of process
13 wastewater to the publicly owned treatment works, excluding sanitary, non-contact
14 cooling, and boiler blowdown wastewater;
15 2. The user contributes a process wastestream that makes up 5% or more of the average
16 dry weather hydraulic or organic capacity of the publicly owned treatment works;
17 3. The user is designated as a significant industrial user by the control authority on the
18 basis that the user has a reasonable potential for adversely affecting the publicly owned
19 treatment works' operation or for violating any pretreatment standard or requirement.
20 Significant violation means one or more of the following:
21 A. Chronic violation of wastewater discharge limits, defined here as when sixty-six
22 percent or more of all the measurements for a pollutant parameter taken during a six-
23 month period exceed by any magnitude the corresponding daily maximum limit, orthe
24 corresponding average limit;, OR INSTANTANEOUS LIMIT.
25 B. Technical review criteria (TRC) violation of wastewater discharge limits, defined
26 here as when thirty-three percent or more of all the measurements for a pollutant
27 parameter taken during a six-month period equal or exceed the product of the
28 corresponding daily maximum-limit-multiplied by the applicable TRC factor, or the
29 product of the corresponding average limit multiplied by the applicable TRC factor.-, OR
30 THE PRODUCT OF THE CORRESPONDING INSTANTANEOUS LIMIT
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1 MULTIPLIED BY THE APPLICABLE TRC FACTOR. (TRC factor + 1.4 for BOD,
2 TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
3 C. Any other violation of a daily maximum limit, er an average limit, OR AN
4 INSTANTANEOUS LIMIT that the director detennines has alone or in combination with
5 other discharges caused interference or pass through, including endangering the health of
6 POTW personnel or the general public;
7 D. Any discharge of a pollutant that has caused imminent endangennent to human
8 health, public welfare or the environment, or has resulted in the POTW exercising its
9 emergency authority to halt or prevent such a discharge;
10 E. Failure to meet, within ninety days after the schedule date, a compliance schedule
11 milestone contained in a City-issued discharge permit or enforcement order for starting
12 construction, completing construction or attaining final compliance;
13 F. Failure to provide, within thirty days after the due date, required reports such as
14 baseline monitoring reports, ninety day compliance reports and/or reports on compliance
15 with compliance schedules;
16 G. Failure to accurately report noncompliance; and
17 H. Any other violation or group of violations, INCLUDING VIOLATIONS OF BMPS
18 which the Director determines are adversely affecting the operation or implementation of
19 the City's pretreatment program.
20 Slug load DISCHA RGE means any substance released in a discharge at a ratio and/or
21 concentration which causes interference to a POTW MEANS ANY DISCHARGE OF A
22 NON-ROUTINE EPISODIC NATURE, INCLUDING AN ACCIDENTAL SPILL OR
23 NON-CUSTOMARY SINGLE DISCHARGE, WHICH HAS A REASONABLE
24 POTENTIAL TO CAUSE INTERFERENCE OR PASS-THROUGH AT THE POTW
25 OR IN ANY OTHER WAY VIOLATES THE POTW REGULATIONS, LOCAL
26 LIMITS, OR PERMIT CONDITIONS.
27 Standard industrial classification means a classification pursuant to the Standard
28 Industrial Classification Manual issued by the Executive Office of the President, Office
29 of Management and Budget, 1972.
30 Storm water means any flow occurring during or following any form of natural
31 precipitation and resulting therefrom.
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1 Superintendent means the person designated by the City to supervise the operation of the
2 publicly owned treatment works, who is charged with certain duties and responsibilities
3 by this chapter, or his or her duly authorized representative.
4 Surcharge means that part of the service charge that any customer discharging
5 wastewater having strength in excess of limits set forth by the City may be required to
6 pay as an additional charge to cover the cost of treatment of such excess strength
7 wastewater.
8 Suspended solids means the total suspended matter that floats on the surface of, or is
9 suspended in, water, wastewater or other liquids, which matter is removable by
10 laboratory filtering.
11 TOTA L PHENOLS INCLUDES THE FOLLOWING PHENOLIC COMPOUNDS: 2-
12 CHLOROPHENOL, 4-CHLOROPHENOL, 2,4-DICHLOROPHENOL, 2,4-
13 DIMETHYLPHENOL, 2,4-DINITROPHENOL, 2-METHYLPHENOL, 3-
14 METHYLPHENOL, 4-METHYLPHENOL, 2-NITROPHENOL, 4-NITROPHENOL,
15 AND PHENAL. DISCHARGE OF OTHER PHENOLIC COMPOUNDS IS
16 PROHIBITED WITHOUT SPECIFIC APPROVAL OF THE DIRECTOR.
17 Toxic pollutant means any pollutant or combination of pollutants which is or can
18 potentially be harmful to the public health or the environment, including those pollutants
19 listed as toxic in regulations promulgated by the Administrator of the EPA under the
20 provisions of CWA 307(a), as amended, or other acts.
21 UPSET MEANS AN EXCEPTIONAL INCIDENT IN WHICH THERE IS AN
22 UNINTENTIONAL AND TEMPORARY NONCOMPLIANCE WITH
23 PRETREATMENT STANDARDS AND REQUIREMENTS BECAUSE OF FACTORS
24 BEYOND THE REASONABLE CONTROL OF THE USER. AN UPSET DOES NOT
25 INCLUDE NONCOMPLIANCE CAUSED BY IMPROPER OR CARELESS
26 OPERATION, IMPROPERLY DESIGNED OR INADEQUATE TREATMENT
27 FACILITIES, OR LACK OF PREVENTIVE MAINTENANCE.
28 User means any person who contributes, or causes or permits the contribution of,
29 wastewater into the POTW.
30 W astewater means liquid and water-carried industrial or domestic wastes from
31 dwellings, commercial buildings, industrial facilities and institutions, together with any
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1 groundwater, surface water and storm water that may be present, whether treated or
2 untreated, which is contributed into or permitted to enter the POTW.
3 W aters of the State means all streams, lakes, ponds, marshes, watercourses, waterways,
4 wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other
5 bodies or accumulations of water, surface or underground, natural or artificial, public or
6 private, which are contained within, flow through or border upon the State or any portion
7 thereof
8 1046.03. Abbreviations.
9 In addition to the abbreviations listed in Section 1046.02, the following abbreviations
10 have the meanings designated herein:
11 TABLE INSET:
12
CFR Code of Federal Regulations
1 Liter
mg - Milligrams
mg/1 - Milligrams per liter
LB/DAY - POUNDS PER DAY
MDNR MDEQ - Michigan Department of Natural Resources ENVIRONMENTAL

QUALITY
USEPA - U.S. ENVIRONMENTAL PROTECTION AGENCY
SIC Standard Industrial Classification
SWDA Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as amended
TSS - Total suspended solids
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USC United States Code
O&M Operation and maintenance
CWA Clean Water Act.
1
2
3 1046.04. General discharge prohibitions.
4 (a) No user shall contribute or cause to be contributed, directly or indirectly, any
5 pollutant or wastewater which will interfere with the operation or the performance of the
6 POTW, including the following substances:
7 (1) Any liquid, solid or gas which, by reason of its nature or quantity, is or may be
8 sufficient, either alone or by interaction with other substances, to cause fire or explosion
9 or be injurious in any other way to the POTW or to the operation of the POTW,
10 including, but not limited to, waste streams with a closed cup flashpoint of less than 140
11 degrees Fahrenheit;
12 (2) Any solid or viscous substance which may cause obstruction to the flow in a sewer
13 or other interference with the operation of the wastewater treatment facilities,
14 INCLUDING ANY WASTEWATER OR SUBSTANCE CONTAINING, IN ANY
15 GRAB SAMPLE, POLAR (FOOD-BASED) OIL AND GREASE ABOVE 400 MG/L;
16 (3) Any wastewater having a pH less than 5.5 or greater than 10.5, or wastewater having
17 any other corrosive property capable of causing damage or hazard to structures,
18 equipment or personnel of the POTW;
19 (4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by
20 interaction with other pollutants, to injure or interfere with any wastewater treatment
21 process, constitute a hazard to humans or animals, create a toxic effect in the receiving
22 waters of the POTW or exceed the limitation set forth in a categorical pretreatment
23 standard;
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1 (5) Any noxious or malodorous liquid, gas or solid which, either singly or by interaction
2 with other wastes, is sufficient to create a public nuisance or hazard to life or to prevent
3 entry into the sewers for maintenance and repair, or which results in the presence of toxic
4 gases, vapors or fumes within the POTW in a quantity that may cause acute worker
5 health and safety problems;
6 (6) Any substance which may cause the POTW effluent or any other product of the
7 POTW (such as residues, sludges or scums) to be unsuitable for reclamation and re-use or
8 to interfere with the reclamation process;
9 (7) Any substance which will cause the POTW to violate its NPDES permit or the
10 receiving water quality standards;
11 (8) Any wastewater with objectionable color not removed in the treatment process, such
12 as, but not limited to, dye wastes and vegetable tanning solutions;
13 (9) Any wastewater having a temperature which will inhibit biological activity in the
14 POTW resulting in interference, but in no case wastewater with a temperature at the
15 introduction into the POTW which exceeds forty-three degrees Centigrade or 110 degrees
16 Fahrenheit;
17 (10) Any pollutants, including oxygen-demanding pollutants released at a flow rate
18 and/or pollutant concentration which will cause interference to the POTW;
19 (11) Any wastewater containing any radioactive waste or isotope of such half life or
20 concentration as may exceed limits established by the Director of Public Service in
21 compliance with applicable State or Federal regulations;
22 (12) Any wastewater which causes a hazard to human life or creates a public nuisance;
23 (13) Any wastewater or substance containing polychlorinated biphenyl (PCB); and
24 (14) Any trucked or hauled wastewater, except at designated points as specifically
25 permitted by the City.
26 (b) In addition to the requirements of subsection (a), petroleum, non-biodegradable
27 cutting oil, or products of mineral oil origin in amounts that will cause interference or
28 pass-through shall not be introduced into the POTW. THIS INCLUDES ANY
29 WASTEWATER OR SUBSTANCE CONTAINING, IN ANY GRAB SAMPLE,
30 NONPOLAR (PETROLEUM-BASED) OIL AND GREASE ABOVE 100 MG/L.
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1 (c) A nondomestic user shall have an affirmative defense in any action brought against it
2 alleging a violation of general prohibitions in subsectionS (a) AND (B) HEREOF, and
3 the specific prohibitions in SECTION 1046.06 subsection (b)2., 9. and 10. of this section
4 if the user can demonstrate both of the following:
5 (1) It did not know or have reason to know that its discharge, alone or in conjunction
6 with a discharge or discharges from other sources, would cause pass-through or
7 interference;
8 (2) A local limit designed to prevent pass-through or interference was developed for
9 each pollutant in the user's discharge that caused pass-through or interference, and the
10 user was in compliance with each local limit directly before and during the pass-through
11 or interference, or if a local limit designed to prevent pass-through or interference has not
12 been developed for the pollutant that caused the pass-through or interference, the user's
13 discharge directly before and during the pass-through or interference did not change
14 substantially in nature or constituents from the user's prior discharge activity when the
15 POTW was regularly in compliance with its NPDES permit requirements and, in the case
16 of interference, applicable requirements for sewage sludge use and disposal.
17 (d) SubsectionS (a) AND (B) hereof applicsY to all NONDOMESTIC users of the
18 POTW, whether or not the user is subject to the national categorical pretreatment
19 standards or any other national, State or local pretreatment standards or requirements.
20 1046.05. Conflict of laws; notification of users.
21 (a) Upon the promulgation of national categorical pretreatment standards or alternative
22 discharge limits for a particular industrial subcategory, the pretreatment standard, if more
23 stringent than limitations imposed under this chapter for sources in such subcategory,
24 shall immediately supersede the limitations imposed under this chapter and shall be
25 considered part of this chapter. The Director of Public Service shall notify all affected
26 users of the applicable reporting requirements.
27 (b) State requirements and limitations on discharges shall apply in any case where they
28 are more stringent than Federal requirements and limitations or those in this chapter.
29 (c) The City reserves the right to establish by ordinance more stringent limitations or
30 requirements on discharges to the wastewater disposal system if deemed necessary to
31 comply with the objectives set forth in Section 1046.01.
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1 1046.06. Specific pollutant limitations.
2 (a) TOXIC POLLUTANT LOCAL LIMITS. UNLESS SPECIFICALLY
3 AUTHORIZED PURSUANT TO SUBSECTION (D) HEREOF, No person NO USER
4 shall discharge WASTEWATER CONTAINING IN EXCESS OF THE FOLLOWING
5 CONCENTRATIONS IN en a twenty-four hour composite basis SAMPLE (except FOR
6 cyanides, BENZENE, TOLUENE, ETHYLBENZENE, XYLENES, oil and grease, and
7 phenols that will bo FOR WHICH THE CONCENTRATIONS APPLY TO A grab
8 SAMPLE) containing in excess of:
9 (1) 0.5 .18 mg/l arsenic;
10 (2) 1.0 .27 mg/l cadmium;
11 (3) 3.9 mg/l total chromium;
12 (1) 0.1 mg/l hexavalcnt chromium;
13 (5) (4) 1.6 mg/l copper;
14 (63 (5) 1.5 .15 mg/l cyanide;
15 (7) (6) 3.6 1.8 mg/1 lead;
16 (7) NON-DETECTABLE MERCURY*;
17 (8) 2.8 2.0 mg/l nickel;
18 (9) O 6 0.22 mg/1 selenium;
19 (10) 1.0 0.030 mg/l silver;
20 (11) 2.9 mg/l zinc;
21 (12) 4.1 mg/l total phenols;
22 (13) 100 mg/l oil and grease. 0.050 MG/L BENZENE
23 (14) 0.050 MG/L TOLUENE
24 (15) 0.050 MG/L ETHYLBENZENE
25 (16) 0.050 ,G/L TOTAL XYLENES
26 *DISCHARGE OF DETECTABLE MERCURY SHALL BE PROHIBITED EXCEPT
27 AS ALLOWED PURSUANT TO SUBSECTION (C) HEREOF. SAMPLING
28 PROCEDURES, PRESERVATION AND HANDLING, AND ANALYTICAL
29 PROTOCAL FOR COMPLIANCE MONITORING SHALL BE IN ACCORDANCE
30 WITH USEPA 245.1 OR EQUIVALENT, UNLESS THE CITY REQUIRES METHOD
31 1631. DETECTION LEVELS SHALL BE 0.0002 MG/L FOR METHOD 245.1 AND
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1 0.0000005 MG/L FOR METHOD 1631, UNLESS HIGHER LEVELS ARE
2 APPROPRIATE DUE TO DEMONSTRATED SAMPLE MATRIX INTERFERENCE.
3 FOR METHOD 245.1, THE LIMIT SHALL APPLY FOR ANY ONE DAILY
4 COMPOSITE SAMPLE. FOR METHOD 1631, THE LIMIT SHALL APPLY FOR
5 THE AVERAGE OF ALL GRAB SAMPLES UNIFORMLY COLLECTED OVER
6 ANY ONE CALENDAR DAY, OR FOR A SINGLE GRAB SAMPLE IF NO
7 ADDITIONAL GRAB SAMPLES ARE UNIFORMLY COLLECTED OVER THAT
SAME CALENDAR DAY.
(b)
. COMPATIBLE
POLLUTANT LOCAL LIMITS. UNLESS SPECIFICALLY AUTHORIZED
PURSUANT TO SUBSECTION (D) HEREOF, NO USER SHALL DISCHARGE
WASTEWATER CONTAINING IN EXCESS OF THE FOLLOWING
CONCENTRATIONS IN A 24-HOUR COMPOSITE SAMPLE:
(1) 1600 MG/L BOD
(2) 2,500 MG/L TOTAL SUSPENDED SOLIDS
(3) 44 MG/L TOTAL PHOSPHORUS
(4) 37 MG/L AMMONIA NITROGEN
(c)
implement the approved mercury minimization plan. The plan must provide m surcs to
reduce to the maximum extent possible and/or eliminate detectable mercury from the
contributor's discharge.
The mercury minimization plan shall become an enforc ble condition of the sewer user's
discharge control mechanism and shall be subject to enforcement action up to and
including termination of service for non compliance.
crcury minimization plan and has taken what the City
tr tability considerations. DETECTABLE MERCURY MAY BE DISCHARGED
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1 ONLY WHERE SPECIFICALLY APPROVED AND PERMITTED BY THE
2 DIRECTOR PURSUANT TO THE FOLLOWING CONDITIONS:
3 (1) EACH USER DISCHARGING DETECTABLE MERCURY SHALL HAVE A
4 CITY-ACCESSIBLE POINT FOR MONITORING THE NET NON-DOMESTIC
5 EFFLUENT. ALL COSTS FOR INSTALLATION OF THIS MONITORING POINT
6 SHALL BE THE USER'S RESPONSIBILITY.
7 (2) EACH USER DISCHARGING DETECTABLE MERCURY SHALL SELF-
8 MONITOR ITS EFFLUENT FOR MERCURY USING REPRESENTATIVE SAMPLES
9 COLLECTED OVER THE PERIOD OF NORMAL DISCHARGE AND TESTS
10 CONDUCTED IN ACCORDANCE WITH THE CITY-REQUIRED METHOD, AT A
11 FREQUENCY TO BE ESTABLISHED BY THE DIRECTOR. WHILE THE USER
12 MAY CONTRACT WITH THE CITY OR AN OUTSIDE
13 CONSULTANT/LABORATORY TO CONDUCT THIS SAMPLING AND
14 ANALYTICAL TESTING, ALL ASSOCIATED COSTS SHALL BE THE USER'S
15 RESPONSIBILITY.
16 (3) AT ITS DISCRETION, THE CITY MAY COLLECT ADDITIONAL SAMPLES
17 FROM EACH USER DISCHARGING DETECTABLE MERCURY. IF THE USER
18 CONTRACTS WITH AN OUTSIDE CONSULTANT/LABORATORY TO PERFORM
19 THE SELF MONITORING, THE CITY WILL PERFORM SURVEILLANCE
20 SAMPLING AT LEAST ANNUALLY. IF THE USER CONTRACTS WITH THE
21 CITY TO PERFORM THE SELF MONITORING, THIS ANNUAL SURVEILLANCE
22 REQUIREMENT MAY BE WAIVED.
23 (4) EACH USER DISCHARGING DETECTABLE MERCURY SHALL DEVELOP
24 AND IMPLEMENT A MERCURY MINIMIZATION PROGRAM TO ESTABLISH
25 ACTIONS AND SCHEDULE COMMITMENTS FOR REDUCING MERCURY
26 ENTERING THE COLLECTION SYSTEM. A PROGRAM PLAN, WHICH SHALL
27 BE SUBMITTED TO THE CITY FOR REVIEW AND CONCURRENCE, SHALL
28 ADDRESS THE FOLLOWING AT A MINIMUM:
29 (i) TREATMENT SYSTEM FOR REMOVAL OF MERCURY FROM THE
30 DISCHARGED WASTEWATER;
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1 (ii) WRITTEN PROCEDURES FOR HANDLING AND DISPOSAL OF MERCURY-
2 CONTAINING MATERIALS;
3 (iii) NEW EMPLOYEE TRAINING, AND REFRESHER TRAINING FOR CURRENT
4 EMPLOYEES;
5 (iv) REVIEW, AND ELIMINATION WHERE FEASIBLE, OF PURCHASED
6 MATERIALS CONTAINING MERCURY; AND
7 (v) OTHER ACTIVITIES AS DEEMED APPROPRIATE BY THE USER OR
8 REQUIRED BY THE DIRECTOR.
9 (5) THE MERCURY MINIMIZATION PLAN SHALL BE CONSIDERED AN
10 ENFORCEABLE CONDITION OF THE ASSOCIATED PERMIT OR ORDER.
11 FAILURE TO COMPLY WITH THESE CONDITIONS MAY RESULT IN
12 ESCALATED ENFORCEMENT RESPONSE INCLUDING FINES, LEGAL ACTION,
13 AND TERMINATION OF SEWER SERVICES.
14 IF THE DIRECTOR DETERMINES THAT ALL REASONABLE COST-EFFECTIVE
15 ACTIONS BASED ON ECONOMIC, TECHNICAL, AND TREATABILITY
16 CONSIDERATIONS HAVE BEEN IMPLEMENTED, A DISCHARGE CONTAINING
17 DETECTABLE MERCURY MAY BE APPROVED CONTINGENT ON
18 CONTINUATION OF THE SELF-MONITORING PROGRAM AND THE MERCURY
19 MINIMIZATION PROGRAM. THIS APPROVAL SHALL BE CONSIDERED
20 TEMPORARY, AND THE DIRECTOR HAS THE RIGHT TO REJECT THIS
21 APPROVAL AND PROHIBIT DETECTABLE MERCURY FROM ANY
22 DISCHARGER AT ANY TIME AND FOR ANY REASON DEEMED
23 APPROPRIATE.
24 (D) SPECIAL ALLOCATION LIMITS. FOR ANY DISCHARGE THAT WOULD
25 OTHERWISE BE PROHIBITED BY SUBSECTIONS (A) OR (B) HEREOF, A
26 SPECIAL ALLOCATION LIMIT (SAL) MAY BE GRANTED BY USER PERMIT OR
27 ADMINISTRATIVE ORDER FOR ANY POLLUTANT OTHER THAN MERCURY.
28 (1) THE FOLLOWING GENERAL CONDITIONS SHALL APPLY TO ALL SALS:
29 (i) SHALL BE MADE AT THE SOLE DISCRETION AND PRIOR APPROVAL OF
30 THE DIRECTOR.
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1 (ii) MAY BE IMPLEMENTED AS DAILY MAXIMUM LIMITS FOR A COMPOSITE
2 SAMPLE (OR A GRAB SAMPLE FOR CYANIDES, BENZENE, TOLUENE, ETHYL
3 BENZENE, XYLENES, AND TOTAL PHENOLS) OR INSTANTANEOUS LIMITS
4 FOR ANY SAMPLE.
5 (iii) MAY BE TERMINATED OR MODIFIED AT ANY TIME BY THE DIRECTOR.
6 (iv) SHALL CREATE NO RIGHTS WHICH THE USER WOULD NOT OTHERWISE
7 HAVE.
8 (v) SHALL REQUIRE THE USER TO SIGN AN ACCEPTANCE OF THE
9 PROVISIONS OF THIS SUBSECTION AND ANY SPECIAL ARRANGEMENT
10 PROVISIONS AS A CONDITION PRECEDENT TO THE GRANTING OF A -SA-L
11 (vi) MAY BE ESTABLISHED BY CALCULATIONS BASED ON CURRENT USER
12 DISCHARGE DATA OR BY ARBITRARY ASSIGNMENT USING BEST
13 AVAILABLE TECHNOLOGY, PROFESSIONAL JUDGEMENT, AND/OR LOCAL
14 ECONOMIC POLICY DECISIONS.
15 (vii) SHALL APPLY APPROPRIATE MAXIMUM DAILY FLOWS ESTABLISHED
16 USING WATER METER, BATCH DISCHARGE, AND/OR EFFLUENT FLOW
17 METER RECORDS. ANY USER PERMIT OR ORDER CONTAINING A SAL
18 SHALL CONTAIN A FLOW LIMIT CORRESPONDING TO THE SPECIFIC VALUE
19 ON WHICH THE SAL WAS ESTABLISHED, AND ALSO SHALL CONTAIN A
20 REQUIREMENT TO ACCURATELY COLLECT AND REPORT ACTUAL
21 DISCHARGE FLOWS.
22 (viii) MAY TAKE INTO ACCOUNT REASONABLE COST OF TREATMENT TO
23 AVOID UNDUE HARDSHIP FOR THE AFFECTED USER.
24 (ix) SHALL NOT BE LESS RESTRICTIVE THAN ANY APPLICABLE
25 CATEGORICAL STANDARDS, BUT MAY BE MORE RESTRICTIVE.
26 (x) MAY BE USED AS THE DISCHARGE CONCENTRATION BASIS FOR
27 CALCULATING EXTRA STRENGTH SURCHARGES FOR COMPATIBLE
28 POLLUTANTS.
29 (xi) MAY CONTAIN ASSOCIATED SPECIAL ARRANGEMENT PROVISIONS,
30 SUCH AS THE USER TO PAY A COMPENSATORY CHARGE TO THE CITY OR
31 CONDITIONS RELATING TO TERMINATION OR MODIFICATION OF THE SAL.
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1 (xii) SHALL PROTECT THE ENVIRONMENT, HUMAN HEALTH AND SAFETY,
2 PUBLIC AND PRIVATE PROPERTY, AS WELL AS WELFARE OF THE GENERAL
3 COMMUNITY
4 (2) SALS AND ASSOCIATED SPECIAL ARRANGEMENT PROVISIONS SHALL
5 BE CONSIDERED PRETREATMENT STANDARDS AND REQUIREMENTS FOR
6 COMPLIANCE PURPOSES.
7 (3) MA X IMUM A LLOW A BLE HEA D W ORKS LOA DINGS FOR TOX IC POLLUTA NTS.
8 THE TOTAL MASS OF TOXIC POLLUTANTS ALLOCATED BY THE CITY TO
9 BACKGROUND SOURCES INCLUDING INDUSTRIAL USERS THAT ARE NOT
10 SIGNIFICANT, SIGNIFICANT INDUSTRIAL USERS, TRUCKED WASTES
11 INCLUDING SEPTAGE, AND SALS SHALL NOT EXCEED NINETY (90)
12 PERCENT OF THE FOLLOWING IN THE AGGREGATE:
13 (i) 2.55 LB/DAY ARSENIC
14 (ii) 3.55 LB/DAY CADMIUM
15 (iii) 229 LB/DAY TOTAL CHROMIUM
16 (iv) 84.0 LB/DAY COPPER
17 (v) 2.16 LB/DAY CYANIDE
18 (vi) 24.2 LB/DAY LEAD
19 (vii) 2.17x10 LB/DAY MERCURY
20 (viii) 26.0 LB/DAY NICKEL
21 (ix) 2.98 LB/DAY SELENIUM
22 (x) 0.721 LB/DAY SILVER
23 (xi) 115 LB/DAY ZINC
24 (xii) 122 LB/DAY TOTAL PHENOLS
25 (xiii) 237 LB/DAY BENZENE
26 (xiv) 411 LB/DAY TOLUENE
27 (xv) 142 LB/DAY ETHYLBENZENE
28 (xvi) 20.7 LB/DAY TOTAL XYLENES
29 (4) MA X IMUM A LLOW A BLE HEA D W ORKS LOA DINGS FOR COMPA TIBLE
30 POLLUTA NTS. THE TOTAL MASS OF COMPATIBLE POLLUTANTS
31 ALLOCATED BY THE CITY TO BACKGROUND SOURCES INCLUDING
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1 INDUSTRIAL USERS THAT ARE NOT SIGNIFICANT, SIGNIFICANT
2 INDUSTRIAL USERS, TRUCKED WASTES INCLUDING SEPTAGE, AND SALS
3 SHALL NOT EXCEED NINETY (90) PERCENT OF THE FOLLOWING IN THE
4 AGGREGATE:
5 (i) 58,400 LB/DAY BOD
6 (ii) 70,100 LB/DAY TOTAL SUSPENDED SOLIDS
7 (iii) 1,540 LB/DAY TOTAL PHOSPHORUS
8 (iv) 4,380 LB/DAY AMMONIA NITROGEN
9 (5) MA X IMUM A LLOW A BLE INDUSTRIA L LOA DINGS FOR TOX IC POLLUTA NTS.
10 THE TOTAL MASS OF TOXIC POLLUTANTS ALLOCATED BY THE CITY TO
11 SIGNIFICANT INDUSTRIAL USERS, TRUCKED WASTES INCLUDING
12 SEPTAGE, AND SALS SHALL NOT EXCEED THE FOLLOWING IN THE
13 AGGREGATE:
14 (i) 2.10 LB/DAY ARSENIC
15 (ii) 3.18 LB/DAY CADMIUM
16 (iii) 206 LB/DAY TOTAL CHROMIUM
17 (iv) 67.5 LB/DAY COPPER
18 (v) 1.78 LB/DAY CYANIDE
19 (vi) 21.6 LB/DAY LEAD
20 (vii) 1.95x10-4 LB/DAY MERCURY (SAL NOT APPLICABLE)
21 (viii) 23.4 LB/DAY NICKEL
22 (ix) 2.57 LB/DAY SELENIUM
23 (x) 0.357 LB/DAY SILVER
24 (xi) 96.7 LB/DAY ZINC
25 (xii) 78.0 LB/DAY TOTAL PHENOLS
26 (xiii) 24.0 LB/DAY BENZENE
27 (xiv) 40.4 LB/DAY TOLUENE
28 (xv) 14.0 LB/DAY ETHYLBENZENE
29 (xvi) 2.10 LB/DAY TOTAL YXLENES
30 (6) MA X IMUM A LLOW A BLE INDUSTRIA L LOA DINGS FOR COMPA TIBLE
31 POLLUTA NTS. THE TOTAL MASS OF COMPATIBLE POLLUTANTS
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1 ALLOCATED BY THE CITY TO SIGNIFICANT INDUSTRIAL USERS, TRUCKED
2 WASTES INCLUDING SEPTAGE, AND SALS SHALL NOT EXCEED THE
3 FOLLOWING IN THE AGGREGATE:
4 (i) 32,100 LB/DAY BOD
5 (ii) 40,500 LB/DAY TOTAL SUSPENDED SOLIDS
6 (iii) 701 LB/DAY TOTAL PHOSPHORUS
7 (iv) 432 LB/DAY AMMONIA NITROGEN
8 (7) COLLECTION SY STEM LIMITA TIONS. NO CONCENTRATION-BASED SAL,
9 OR EQUIVALENT CONCENTRATION OF ANY MASS-BASED SAL, SHALL
10 EXCEED THE FOLLOWING:
11 (i) 2.0 MG/L CYANIDES
12 (ii) 830 MG/L TOTAL PHENOLS
13 (iii) 0.64 MG/L BENZENE
14 (iv) 5.2 MG/L TOLUENE
15 (v) 7.3 MG/L ETHYLBENZENE
16 (vi) 11.0 MG/L TOTAL XYLENES
17 (e) LOCA L INITIA TIV E LIMITS. THE DIRECTOR MAY IMPOSE A LOCAL
18 INITIATIVE LIMIT (LIL) IN A USER PERMIT OR ORDER FOR ANY POLLUTANT
19 NOT SPECIFICALLY REGULATED IN THIS CHAPTER. IN DETERMINING A
20 LIL, THE CITY SHALL EVALUATE THE ACCEPTABLE POLLUTANT LOADING
21 BASED ON THE POTW DESIGN, TREATABILITY OF THE POLLUTANT,
22 POTENTIAL FOR PASS-THROUGH OR INTERFERENCE, CURRENT POTW
23 POLLUTANT LOADING, SPECIFIC PHYSICAL AND CHEMICAL PROPERTIES
24 OF THE POLLUTANT, AND OTHER RELEVANT FACTORS DEEMED
25 APPROPRIATE BY THE DIRECTOR. EACH LIL SHALL BE SUBJECT TO
26 REVIEW AND CONCURRENCE OF THE MDEQ.
27 (f) BEST MA NA GEMENT PRA CTICES. THE DIRECTOR MAY IMPOSE BMPS IN A
28 USER PERMIT IN ORDER TO IMPLEMENT THE GENERAL AND/OR SPECIFIC
29 POLLUTANT LIMITATIONS UNDER THIS SECTION. SUCH BMPS SHALL BE
30 CONSIDERED PRETREATMENT STANDARDS AND REQUIREMENTS FOR
31 COMPLIANCE PURPOSES.
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1 1046.07. Excessive discharges.
2 Except where expressly authorized to do so by an applicable pretreatment standard or
3 requirement, no user shall ever increase the use of process water or in any way attempt to
4 dilute a discharge as a partial or complete substitute for adequate treatment to achieve
5 compliance with the limitations contained in the national categorical pretreatment
6 standards, alternative discharge limits, or any other pollutant-specific limitation
7 developed by the City or the State.
8 1046.08. Accidental discharges; bypasses.
9 (a) Where required, a user shall provide protection from accidental discharge of
10 prohibited materials or other substances regulated by this chapter. Facilities to prevent
11 accidental discharge or prohibited materials shall be provided and maintained at the
12 owner's or user's cost and expense. At the request of the City, detailed plans showing
13 facilities and operating procedures to provide such protection shall be submitted to the
14 City for review. All required users shall complete such a plan within ninety days after
15 notification by the City. If required by the City, a user who commences contribution to
16 the POTW after the effective date of this chapter (Ordinance 698, passed April 8, 1985),
17 shall not be permitted to introduce pollutants into the system until accidental discharge
18 procedures have been approved by the City. Review and approval of such plans and
19 operating procedures shall not relieve the user from the responsibility to modify the user's
20 facility as necessary to meet the requirements of this chapter. The City will evaluate, at
21 least once every two years, whether an industrial user without such protection will be
22 subjected to these requirements. In the case of an accidental discharge OR OTHER
23 DISCHARGE THAT COULD CAUSE PROBLEMS AT THE POTW, INCLUDING
24 SLUG LOAD DISCHARGES, the user shall imiucdiatcly telephone and notify the
25 POTW of the incident. SUCH NOTIFICATION SHALL OCCUR AS SOON AS
26 POSSIBLE, BUT IN NO CASE MORE THAN TWENTY-FOUR HOURS AFTER THE
27 USER BECOMES AWARE OF THE ACCIDENTAL OR OTHER DISCHARGE THAT
28 COULD CAUSE PROBLEMS AT THE POTW. The notification shall include location
29 of discharge, type of waste, concentration and volume and correction actions.
30 (b) Within five days following such accidental discharge, the user shall submit to the
31 Director of Public Service a detailed written report describing the cause of the discharge
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1 and the measures to be taken by the user to prevent similar future occurrences. Such
2 notification shall not relieve the user of any expense, loss, damage or other liability which
3 may be incurred as a result of damage to the POTW, fish kills or any other damage to
4 person or property. Such notification shall not relieve the user of any fine, civil penalty or
5 other liability which may be imposed by this chapter or other applicable laws.
6 (c) A notice shall be permanently posted on the user's bulletin board or other prominent
7 place advising employees of the user who to call in the event of a dangerous discharge.
8 Employers shall ensure that all employees who may cause or suffer such a dangerous
9 discharge to occur are advised of the emergency notification procedure.
10 (d) A bypass violating applicable pretreatment standards and requirements is prohibited,
11 and the City may take enforcement action against a user for such bypass, unless: the
12 bypass was unavoidable to prevent loss of life, personal injury, or severe property
13 damage; there were no feasible alternatives to the bypass, such as the use of auxiliary
14 treatment facilities, retention of untreated wastes, or maintenance during normal periods
15 of equipment downtime (except where adequate backup equipment should have been
16 installed in the exercise of reasonable engineering judgment to operate during normal
17 periods of equipment downtime or preventive maintenance); and the user submitted
18 required notices. For accidental bypass, notice requirements are specified in paragraphs
19 (a), (b) and (c) hereof. If the user knows in advance of the need for bypass, a prior notice
20 shall be submitted to the City at least ten days before the date of the bypass. The City
21 may approve or disapprove this anticipated bypass, after considering its adverse effects.
22 (E) AN UPSET MAY CONSTITUTE AN AFFIRMATIVE DEFENSE BY THE USER
23 IN UNINTENTIONAL AND TEMPORARY NONCOMPLIANCE WITH
24 APPLICABLE PRETREATMENT STANDARDS OR REQUIREMENTS, PROVIDED
25 IT CAN BE PROVED THAT:
26 (1) AN UPSET OCCURRED AND THE USER CAN IDENTIFY THE CAUSE;
27 (2) THE FACILITY WAS, AT THE TIME OF THE UPSET, BEING OPERATED IN A
28 PRUDENT AND WORKMANLIKE MANNER AND IN COMPLIANCE WITH
29 APPLICABLE OPERATIONAL AND MAINTENANCE PROCEDURES;
30 (3) THE USER SUBMITTED THE REQUIRED NOTIFICATIONS IN ACCORDANCE
31 WITH PARAGRAPHS (A) AND (B) HEREOF.
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1 IN ANY ENFORCEMENT PROCEEDINGS, THE USER SEEKING TO ESTABLISH
2 THE OCCURRENCE OF AN UPSET SHALL HAVE THE BURDEN OF PROOF.
3 1046.09. Charges.
4 (a) Generally. Charges shall be made for fees collected for:
5 (1) Reimbursement of costs of setting up and operating the pretreatment program;
6 (2) Monitoring, inspection and surveillance procedures;
7 (3) Reviewing accidental discharge procedures and construction;
8 (4) Filing appeals; and
9 (5) Consistent removal by the City of pollutants otherwise subject to Federal
10 pretreatment standards and others as the City may deem necessary to carry out the
11 requirements contained herein.
12 The amounts of the fees which shall be charged for such operation and administration of
13 programs are as specified in Section 1042.04.
14 (b) Surcharges. Additional surcharges may be made by the City to compensate the City
15 for the cost of treatment of COMPATIBLE pollutant loadings not normally treated at or
16 in excess of those treated by the POTW. SUCH SURCHARGES SHALL APPLY TO
17 CONCENTRATIONS ABOVE THE FOLLOWING:
18 BOD 300 MG/L
19 TOTAL SUSPENDED SOLIDS 350 MG/L
20 TOTAL PHOSPHORUS 6.0 MG/L
21 AMMONIA NITROGEN 25 MG/L
22 (c) Basis of Charges. Charges and fees for services provided by the program shall be
23 levied upon any user who may have any sewer connection with the POTW and who
24 discharges nondomestic waste to the POTW or any part thereof. Such charges shall be
25 based upon the number of samples collected, the number of analyses conducted and the
26 quality of nondomestic wastewater.
27 1046.10. Discharge authorization.
28 (A) No person shall discharge to the waters of the State within the City or in any area
29 under the jurisdiction of the City, and/or to the POTW, any wastewater, except as
30 authorized by the Director of Public Service in accordance with this chapter or except as
31 provided by an NPDES permit.
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1 (B) W A STEW A TER DISCHA RGE PERMIT. WHERE DEEMED APPROPRIATE BY
2 THE DIRECTOR, A PERMIT TO DISCHARGE WASTEWATER TO THE POTW
3 MAY BE ISSUED TO A USER PURSUANT TO THE FOLLOWING CONDITIONS:
4 (1) THE PERMIT SHALL BE EFFECTIVE FOR A SPECIFIED TIME PERIOD, UP
5 TO FIVE YEARS FROM ITS EFFECTIVE DATE.
6 (2) THE PERMIT SHALL INCLUDE CONDITIONS DEEMED REASONABLY
7 NECESSARY BY THE DIRECTOR TO PREVENT PASS-THROUGH OR
8 INTERFERENCE, PROTECT THE QUALITY OF THE WATER BODY RECEIVING
9 THE POTW EFFLUENT, PROTECT WORKER HEALTH AND SAFETY,
10 FACILITATE SLUDGE MANAGEMENT AND DISPOSAL, AND PROTECT
11 AGAINST DAMAGE TO THE POTW. AT A MINIMUM, THE PERMIT SHALL
12 CONTAIN THE FOLLOWING:
13 (i) A STATEMENT THAT SPECIFIES THE PERMIT ISSUANCE DATE, EFFECTIVE
14 DATE, AND EXPIRATION DATE;
15 (ii) A STATEMENT THAT THE PERMIT IS NONTRANSFERABLE WITHOUT
16 PRIOR NOTIFICATION TO THE CITY;
17 (iii) EFFLUENT LIMITS, INCLUDING BMPS, BASED ON APPLICABLE
18 PRETREATMENT STANDARDS AND REQUIREMENTS;
19 (iv) SAMPLING, REPORTING, NOTIFICATION AND RECORD-KEEPING
20 REQUIRMENTS;
21 (v) ANY APPLICABLE COMPLIANCE SCHEDULES;
22 (vi) REQUIREMENTS TO CONTROL SLUG LOAD DISCHARGE, IF DETERMINED
23 BY THE DIRECTOR TO BE NECESSARY;
24 (vii) STATEMENT OF APPLICABLE CIVIL AND CRIMINAL PENALTIES FOR
25 VIOLATION OF PERMIT CONDITIONS.
26 (3) THE DISCHARGE PERMIT MAY ALSO CONTAIN THE FOLLOWING:
27 (i) LIMITS ON THE RATE OR TIME OF DISCHARGE, AND/OR REQUIREMENTS
28 FOR FLOW REGULATION OR EQUALIZATION;
29 (ii) REQUIREMENTS FOR WASTE MINIMIZATION PLANS OR INSTALLATION
30 OF PRETREATMENT TECHNOLOGY, POLLUTION CONTROL, AND
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1 CONTAINMENT DEVICES TO REDUCE THE AMOUNT OF POLLUTANTS
2 DISCHARGED TO THE POTW;
3 (iii) SPECIAL CONDITIONS TO PREVENT ACCIDENTAL OR NON-ROUTINE
4 DISCHARGES;
5 (iv) REQUIREMENTS FOR INSTALLATION AND MAINTENANCE OF FLOW
6 MEASUREMENT AND SAMPLING FACILITIES; AND
7 (v) OTHER CONDITIONS AS DEEMED APPROPRIATE BY THE DIRECTOR TO
8 ENSURE COMPLIANCE WITH THIS ORDINANCE, AND STATE AND FEDERAL
9 LAWS, RULES, AND REGULATIONS.
10 (4) THE DIRECTOR SHALL PROVIDE THE USER WITH AN OPPORTUNITY TO
11 REVIEW AND REQUEST RECONSIDERATION OF THE TERMS OF ITS
12 WASTEWATER DISCHARGE PERMIT. IN ITS PETITION FOR
13 RECONSIDERATION, THE USER SHALL INDICATE THE OBJECTIONABLE
14 PROVISIONS, THE REASONS FOR OBJECTIONS, AND ALTERNATIVE
15 CONDITIONS IT SEEKS TO PLACE IN THE PERMIT. ANY ACTION BY THE
16 DIRECTOR CONCERNING THE USER'S OBJECTION MAY BE APPEALED TO
17 COUNCIL.
18 (5) THE DIRECTOR MAY MODIFY A WASTEWATER DISCHARGE PERMIT FOR
19 GOOD CAUSE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING
20 REASONS:
21 (i) TO INCORPORATE ANY NEW OR REVISED PRETREATMENT STANDARDS
22 OR REQUIREMENTS;
23 (ii) A CHANGE IN THE POTW THAT REQUIRES EITHER A TEMPORARY OR
24 PERMANENT CHANGE IN THE AUTHORIZED DISCHARGE; OR
25 (iii) TO CORRECT TYPOGRAPHICAL OR OTHER ERRORS.
26 (6) THE DIRECTOR MAY REVOKE A WASTEWATER DISCHARGE PERMIT
27 FOR GOOD CAUSE INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING
28 REASONS:
29 (i) FAILURE TO SUBMIT A REQUIRED WASTEWATER SURVEY OR PERMIT
30 APPLICATION;
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1 (ii), MISREPRESENTATION OF FACTS, OR FAILURE TO FULLY DISCLOSE ALL
2 RELEVANT FACTS, IN A REQUIRED WASTEWATER SURVEY OR PERMIT
3 APPLICATION;
4 (iii) FAILURE TO MEET EFFLUENT LIMITATIONS OR COMPLIANCE
5 SCHEDULES;
6 (iv) TAMPERING WITH MONITORING EQUIPMENT AND/OR FALSIFYING SELF
7 MONITORING REPORTS OR CERTIFICATION STATEMENTS;
8 (v) REFUSING TO ALLOW THE CITY TIMELY ACCESS TO THE FACILITY
9 PREMISES AND RECORDS;
10 (vi) FAILURE TO NOTIFY THE CITY OF SIGNIFICANT CHANGES TO THE
11 WASTEWATER IN ACCORDANCE WITH THIS CHAPTER;
12 (vii) FAILURE TO PAY FINES OR SEWER CHARGES; OR
13 (viii) VIOLATION OF ANY PRETREATMENT STANDARD OR REQUIREMENT,
14 ANY TERMS OF THE WASTEWATER DISCHARGE PERMIT, OR THIS
15 CHAPTER.
16 (7) A WASTEWATER DISCHARGE PERMIT SHALL BE VOID UPON A USER'S
17 CESSATION OF OPERATIONS OR TRANSFER OF BUSINESS OWNERSHIP
18 UNLESS THE PERMITTEE GIVES AT LEAST NINETY DAYS ADVANCE NOTICE
19 TO THE CITY, AND THE DIRECTOR APPROVES THE PERMIT TRANSFER. THE
20 PERMITTEE'S NOTICE TO THE CITY SHALL INCLUDE A WRITTEN
21 CERTIFICATION BY THE NEW OWNER OR OPERATOR WHICH:
22 (i) STATES THAT THE NEW OWNER OR OPERATOR HAS NO IMMEDIATE
23 INTENT TO CHANGE THE FACILITY'S OPERATIONS AND PROCESSES;
24 (ii) IDENTIFIES THE SPECIFIC DATE ON WHICH THE TRANSFER IS TO
25 OCCUR; AND
26 (iii) ACKNOWLEDGES FULL RESPONSIBILITY FOR COMPLYING WITH THE
27 EXISTING WASTEWATER DISCHARGE PERMIT
28 (8) ANY USER WITH AN EXPIRING WASTEWATER DISCHARGE PERMIT
29 SHALL APPLY FOR RE-ISSUANCE BY COMPLETING AND SUBMITTING AN
30 APPLICATION AT LEAST NINETY DAYS PRIOR TO THE PERMIT'S
31 EXPIRATION DATE. A DISCHARGE PERMIT SHALL BE VOID UPON
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1 ISSUANCE OF A NEW PERMIT TO THAT USER.
2 1046.11. User information.
3 All industrial users proposing to connect to or to contribute to the POTW shall submit
4 information on the user, processes and wastewater to the City at least ninety days before
5 connecting to or contributing to the POTW. All existing industrial users connected to or
6 contributing to the POTW shall submit such information within ninety days after the
7 effective date of this chapter (Ordinance 698, passed April 8, 1985). The information
8 submitted must be sufficient for the City to determine the impact of the user's discharge
9 on the POTW and the need for pretreatment. The user shall submit, in units and terms
10 appropriate for evaluation, the following information:
11 (a) The user's name, address and location, if different from the address;
12 (b) The user's SIC number, according to the Standard Industrial Classification Manual,
13 Bureau of the Budget, 1972, as amended;
14 (c) Constituents and characteristics of the user's wastewater, including, but not limited
15 to, those mentioned in this chapter as determined by a reliable analytical laboratory.
16 Sampling and analysis shall be performed in accordance with the procedures and methods
17 detailed in the following publications:
18 (1) Standard Methods for the Examination of Water and Wastewater, American Public
19 Health Association;
20 (2) Manual of Methods for Chemical Analysis of Water and Wastes, United States
21 Environmental Protection Agency; and
22 (3) Annual Book of Standards, Part 131, Water Atmospheric Analysis, 1975, American
23 Society of Testing Materials.
24 (d) Time and duration of contribution;
25 (e) Average daily wastewater flow rates, including daily, monthly and seasonal
26 variations, if any;
27 (f) When requested by the City, site plans, floor plans, mechanical and plumbing plans
28 and details to show all sewers, sewer connections and appurtenances by size, location and
29 elevation;
30 (g) Description of activities, facilities and plant processes on the premises, including all
31 materials which are or could be discharged;
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1 (h) Where known, the nature and concentration of any pollutant in the discharge which
2 is limited by City, State or Federal pretreatment standards, and a statement regarding
3 whether or not such pretreatment standards are being met on a consistent basis. If not, the
4 user shall provide information as to whether additional operation and maintenance and/or
5 additional pretreatment is required by the industrial user to meet applicable pretreatment
6 standards. New sources shall include information on any pretreatment methods they
7 intend to use and provide estimates on discharge flow and pollutant concentrations.
8 (i) If additional pretreatment and/or 0 & M is required to meet the pretreatment
9 standards, the shortest schedule by which the user will provide such additional
10 pretreatment. The completion date in such schedule shall be not later than the compliance
11 date established for the applicable pretreatment standard. The following conditions shall
12 apply to the schedule:
13 (1) The schedule shall contain increments of progress in the foiin of dates for the
14 commencement and completion of major events leading to the construction and operation
15 of additional pretreatment required for the user to meet the applicable pretreatment
16 standards.
17 (2) No increment referred to in paragraph (a)(1) hereof shall exceed nine months.
18 (3) Not later than fourteen days following each date in the schedule and the final date
19 for compliance, the user shall submit a progress report to the Director of Public Service
20 including, as a minimum, whether or not it complied with the increment of progress to be
21 met on such date and, if not, the date on which it expects to comply with such increment
22 of progress, the reason for delay, and the steps being taken by the user to return
23 construction to the schedule established. In no event shall more than nine months elapse
24 between each such progress report.
25 (j) Each product produced, by type, amount, process or processes and rate of production;
26 (k) The type and amount of raw materials processed (average and maximum per day);
27 (1) The number and type of employees, hours of operation of the plant and proposed or
28 actual hours of operation of the pretreatment system; and
29 (in) Any other information as may be deemed by the City to be necessary to evaluate the
30 impact of the discharge on the POTW.
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1 Within three months of the promulgation or revision of a national categorical
2 pretreatment standard or alternative discharge limit, all affected users must submit to the
3 City the information required by subsections (h) and (i) hereof.
4 ALL INFORMATION REQUIRED TO BE SUBMITTED BY THIS SECTION SHALL
5 BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INDUSTRIAL
6 USER WITH THE FOLLOWING CERTIFICATION STATEMENT:
7 I CERTIFY UNDER PENALTY OF LAW THAT THIS DOCUMENT AND
8 ALL ATTACHMENTS WERE PREPARED UNDER MY DIRECTION OR
9 SUPERVISION IN ACCORDANCE WITH A SYSTEM DESIGNED TO
10 ASSURE THAT QUALIFIED PERSONNEL PROPERLY GATHER AND
11 EVALUATE THE INFORMATION SUBMITTED. BASED ON MY INQUIRY
12 OF THE PERSON OR PERSONS WHO MANAGE THE SYSTEM OR THOSE
13 PERSONS DIRECTLY RESPONSIBLE FOR GATHERING THE
14 INFORMATION, THE INFORMATION SUBMITTED IS, TO THE BEST OF
15 MY KNOWLEDGE AND BELIEF, TRUE, ACCURATE AND COMPLETE. I
16 AM AWARE THAT THERE ARE SIGNIFICANT PENALTIES FOR
17 SUBMITTING FALSE INFORMATION, INCLUDING THE POSSIBILITY OF
18 FINE AND IMPRISONMENT FOR KNOWING VIOLATIONS.
19 IF THE AUTHORIZED REPRESENTATIVE CHANGES BECAUSE A DIFFERENT
20 INDIVIDUAL OR POSITION HAS RESPONSIBILITY FOR THE OVERALL
21 OPERATION OF THE FACILITY OR FOR ENVIRONMENTAL MATTERS OF THE
22 COMPANY, A NEW AUTHORIZATION, SATISFYING THE REQUIREMENTS OF
23 THE DEFINITION CONTAINED IN SECTION 1046.02, MUST BE SUBMITTED TO
24 THE CITY PRIOR TO OR TOGETHER WITH ANY REPORTS TO BE SIGNED BY
25 THE AUTHORIZED REPRESENTATIVE.
26 1046.12. Authority of city re discharges.
27 Wastewater discharges shall be expressly subject to all provisions of this chapter and all
28 other applicable regulations, user charges and fees established by the City. The City may:
29 (a) Set unit charges or a schedule of user charges and fees for the wastewater to be
30 discharged to the POTW;
31 (b) Limit average and maximum wastewater constituents and characteristics;
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1 (c) Limit the average and maximum rate and time of discharge or make requirements for
2 flow regulations and equalization;
3 (d) Require the installation and maintenance of inspection and sampling facilities;
4 (e) Establish specifications for monitoring programs which may include sampling
5 locations; frequency of sampling; number, types and standards for tests; and reporting
6 schedules;
7 (f) Establish compliance schedules;
8 (g) Require submission of technical reports or discharge reports;
9 (h) Require the maintaining, retaining and furnishing of plant records relating to
10 wastewater discharge as specified by the City. The City may also require access to, and
11 the right to copy, such records.
12 (i) Require notification of the City IN ADVANCE OF for any new introduction of
13 wastewater constituents or any substantial change in the volume or character of
14 wastewater constituents being introduced into the POTW, including all of the following:
15 (1) Groundwaters that are purged for remedial action programs;
16 (2) Groundwaters containing pollutants that infiltrate into the sewers; and
17 (3) Listed or characteristic hazardous wastes.
18 (j) Require IMMEDIATE notification of ACCIDENTAL DISCHARGES OR OTHER
19 DISCHARGES THAT COULD CAUSE PROBLEMS AT THE POTW, INCLUDING
20 slug LOAD discharges;
21 (k) Require other conditions as deemed appropriate by the City to ensure compliance
22 with this chapter;
23 (1) Control through permit, order, or similar means, the contribution to the POTW by
24 each user to ensure compliance with applicable categorical standards or pollutant-specific
25 limitations developed by the City or State. This control mechanism may limit duration to
26 a maximum of five years, require non-transferability without proper prior notification,
27 establish specific effluent limits, reetuir-.e SPECIFY self-monitoring AND REPORTING
28 REQUIREMENTS, CONTAIN A STATEMENT OF APPLICABLE PENALTIES FOR
29 VIOLATION, ESTABLISH SLUG CONTROL REQUIREMENTS and/or set
30 compliance schedules, as applicable.
31
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1 (m) Adjust categorical pretreatment standards to reflect the presence of pollutants in the
2 user's intake water in accordance with 40 CFR 103.15.
3 (N) ESTABLISH BMPS TO IMPLEMENT GENERAL PROHIBITIONS AND
4 SPECIFIC POLLUTANT LIMITATIONS.
5 1046.13. Compliance reports..-; REQUIRED NOTIFICATIONS
6 (a) BA SELINE MONITORING REPORT. A BASELINE MONITORING REPORT
7 SHALL BE SUBMITTED TO THE DIRECTOR BY EXISTING USERS SUBJECT TO
8 NEW CATEGORICAL PRETREATMENT STANDARDS WITHIN ONE HUNDRED
9 EIGHTY DAYS AFTER THE EFFECTIVE DATE, AND BY NEW SOURCES
10 SUBJECT TO CATEGORICAL PRETREATMENT STANDARDS WITHIN NINETY
11 DAYS PRIOR TO COMMENCING DISCHARGE. NEW SOURCES SHALL
12 REPORT THE METHOD OF PRETREATMENT THEY INTEND TO USE TO MEET
13 APPLICABLE CATEGORICAL STANDARDS, AND ESTIMATE THE
14 ANTICIPATED FLOW AND QUANTITY OF POLLUTANTS TO BE DISCHARGED.
15 THIS REPORT SHALL CONTAIN THE INFORMATION LISTED BELOW.
16 (1) EACH REGULATED PROCESS AND LIMITS CONTAINED IN THE
17 APPLICABLE CATEGORICAL PRETREATMENT STANDARDS, INCLUDING
18 MASS LIMITS OR ALTERNATE CONCENTRATION LIMITS WHERE
19 APPLICABLE.
20 (2) RESULTS OF SAMPLING THAT IDENTIFY THE CONCENTRATION, AND
21 MASS WHERE REQUIRED BY THE STANDARD OR BY THE DIRECTOR, OF
22 REGULATED POLLUTANTS IN THE DISCHARGE FROM EACH REGULATED
23 PROCESS. SAMPLES SHOULD BE TAKEN IMMEDIATELY DOWNSTREAM
24 FROM PRETREATMENT FACILITIES IF SUCH EXIST, OR IMMEDIATELY
25 DOWNSTREAM FROM THE REGULATED PROCESS IF NO PRETREATMENT
26 EXISTS. IF OTHER WASTEWATERS ARE MIXED WITH THE REGULATED
27 WASTEWATER PRIOR TO PRETREATMENT, FLOWS AND CONCENTRATIONS
28 SHALL BE MEASURED AS NECESSARY TO ALLOW USE OF THE COMBINED
29 WASTESTREAM FORMULA TO EVALUATE COMPLIANCE. THE FOLLOWING
30 SHALL BE INCLUDED:
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1 (i) A MINIMUM OF ONE SAMPLE THAT IS REPRESENTATIVE OF DAILY
2 OPERATIONS, ANALYZED IN ACCORDANCE WITH PROCEDURES
3 ESTABLISHED HEREIN IN SECTION 1046.14.
4 (ii) TIME, DATE, AND PLACE OF SAMPLING AND METHODS OF ANALYSIS.
5 (iii) A CERTIFICATION STATEMENT THAT SUCH SAMPLING AND ANALYSIS
6 IS REPRESENTATIVE OF NORMAL WORK CYCLES AND EXPECTED
7 POLLUTANT DISCHARGE TO THE POTW.
8 (iv) DAILY MAXIMUM, MONTHLY AVERAGE, ANNUAL AVERAGE, AND/OR
9 INSTANTANEOUS MAXIMUM CONCENTRATIONS CORRESPONDING TO
10 LIMITS IN THE APPLICABLE CATEGORICAL STANDARD
11 (v) WHERE THE APPLICABLE CATEGORICAL STANDARD CONTAINS MASS
12 OR OTHER TYPES OF ALTERNATE LIMITS, SUPPORTING DATA FOR
13 CONVERTING FROM CONCENTRATION TO MASS OR TO THE BASIS FOR
14 ANOTHER TYPE OF ALTERNATE LIMIT.
15 (vi) APPROPRIATE DOCUMENTATION WHERE THE STANDARD REQUIRES
16 COMPLIANCE WITH A BMP OR POLLUTION PREVENTION ALTERNATIVE.
17 THE DIRECTOR MAY ALLOW SUBMISSION OF ONLY HISTORICAL DATA SO
18 LONG AS THE DATA PROVIDES SUFFICIENT INFORMATION FOR
19 EVALUATING COMPLIANCE AND THE NEED FOR INDUSTRIAL
20 PRETREATMENT MEASURES.
21 (3) A COMPLIANCE CERTIFICATION STATEMENT, REVIEWED BY THE
22 USER'S AUTHORIZED REPRESENTATIVE AND SIGNED BY A QUALIFIED
23 PROFESSIONAL, INDICATING WHETHER PRETREATMENT STANDARDS ARE
24 BEING MET ON A CONSISTENT BASIS AND, IF NOT, WHAT ADDITIONAL
25 PRETREATMENT OR OPERATING AND MAINTENANCE (O&M) ARE
26 REQUIRED TO ACHIEVE CONSISTENT COMPLIANCE.
27 (4) IF ADDITIONAL PRETREATMENT AND/OR O&M WILL BE REQUIRED TO
28 MEET THE PRETREATMENT STANDARDS, THE SHORTEST SCHEDULE BY
29 WHICH THE USER WILL PROVIDE SUCH REQUIREMENTS. THE SCHEDULE
30 SHALL CONTAIN PROGRESS INCREMENTS IN THE FORM OF DATES FOR THE
31 COMMENCEMENT AND COMPLETION OF MAJOR EVENTS, WITH NO
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1 INCREMENT EXCEEDING NINE MONTHS. PROGRESS REPORTS SUBMITTED
2 TO THE DIRECTOR WITHIN TWO WEEKS FOLLOWING EACH PROGRESS
3 INCREMENT DATE SHALL INCLUDE WHETHER THE SCHEDULE IS BEING
4 MET, THE REASON FOR ANY DELAY, AND STEPS BEING TAKEN TO RETURN
5 TO THE ESTABLISHED SCHEDULE.
6 EXISTING SOURCES SUBJECT TO NEW CATEGORICAL STANDARDS SHALL
7 ACHIEVE COMPLIANCE WITHIN THREE YEARS OF THE DATE THE
8 STANDARD IS PROMULGATED, UNLESS A SHORTER COMPLIANCE
9 SCHEDULE IS SPECIFIED IN THE STANDARD. NEW SOURCES SUBJECT TO
10 CATEGORICAL STANDARDS SHALL INSTALL, HAVE IN OPERATING
11 CONDITION, AND HAVE STARTED UP, ALL PRETREATMENT EQUIPMENT
12 REQUIRED TO ACHIEVE COMPLIANCE BEFORE BEGINNING TO DISCHARGE,
13 AND SHALL MEET ALL APPLICABLE PRETREATMENT STANDARDS WITHIN
14 THE SHORTEST FEASIBLE TIME, BUT NOT TO EXCEED NINETY DAYS.
15 (B) 90-DA Y COMPLIA NCE REPORT. Within ninety days following the date for final
16 compliance with applicable pretreatment standards or, in the case of a new source,
17 following commencement of the introduction of wastewater into the POTW, any user
18 subject to pretreatment standards and requirements shall submit to the Director of Public
19 Service a report indicating the nature and concentration of all pollutants in the discharge
20 from the regulated process which are limited by pretreatment standards and requirements
21 and the average and maximum daily flow for such process units in the user facility which
22 are limited by such standards or requirements. ANY USER SUBJECT TO BMP-BASED
23 PRETREATMENT STANDARDS AND REQUIREMENTS SHALL ALSO REPORT
24 NECESSARY BMP COMPLIANCE INFORMATION. The report shall state whether
25 the applicable pretreatment standards or requirements are being met on a consistent basis
26 and, if not, what additional O&M and/or pretreatment is necessary to bring the user into
27 compliance with such standards or requirements. The statement shall be signed by an
28 authorized representative of the user and certified to by a qualified representative.
29 (b) (C) PERIODIC COMPLIA NCE REPORT. Any user or new source discharging into
30 the POTW shall submit to the Director during the months of June and December, unless
31 required more frequently in pretreatment standards or by the Director, a report indicating
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1 the nature and concentration of pollutants in the effluent which are limited by such
2 pretreatment standards or this chapter. ANY USER SUBJECT TO PRETREATMENT
3 STANDARDS AND REQUIREMENTS CONTAINING A SAL SHALL REPORT
4 INFORMATION NECESSARY TO DEMONSTRATE COMPLIANCE WITH THE
5 ASSOCIATED FLOW LIMIT. ANY USER SUBJECT TO BMP-BASED
6 PRETREATMENT STANDARDS AND REQUIREMENTS SHALL REPORT
7 NECESSARY BMP COMPLIANCE INFORMATION. In addition, such report shall
8 include a record of all daily flows which, during the reporting period, exceeded the
average daily flow reported under Section 1046.12(c). At the discretion of the Director
and in consideration of such factors as local high or low flow rates, holidays, budget
cycles, etc, the Director may agree to require different months during which such reports
are to be submitted.
The Director may also impose mass limitations on users who are using dilution to meet
applicable pretreatment standards or requirements or in other cases in which the
imposition of mass limitations is appropriate. In such cases, the report required by this
subsection shall also indicate the mass of pollutants regulated by pretreatment standards
in the effluent of the user.
ndition, and have started up all pretreatment equipment

required to achieve compliance before beginning to discharg
applicable pretreatment standards within the shortest feasible time, but not to exceed
qty days.
1d3 If a user subject to these reporting requirements monitors any pollutant more
frequently than required by the City, using approved procedures, the results of this
additional monitoring shall also be included in the reports.
(D) NOTICE OF CHA NGED CONDITIONS. EACH USER SHALL NOTIFY THE
POTW IN ADVANCE OF ANY SIGNIFICANT CHANGES PLANNED FOR THE
USER'S OPERATIONS OR SYSTEM WHICH MIGHT ALTER THE NATURE,
31 QUALITY, OR VOLUME OF ITS WASTEWATER, INCLUDING THE POTENTIAL
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1 FOR A SLUG LOAD DISCHARGE. THE DIRECTOR MAY REQUIRE THE USER
2 TO SUBMIT INFORMATION CONSIDERED NECESSARY TO EVALUATE THE
3 CHANGED CONDITION, INCLUDING SUBMISSION OF A NEW WASTEWATER
4 DISCHARGE PERMIT APPLICATION. THE DIRECTOR MAY ALSO ISSUE THE
5 USER A NEW WASTEWATER DISCHARGE PERMIT OR MODIFY AN EXISTING
6 PERMIT IN RESPONSE TO THE CHANGED CONDITIONS.
7 (E) NOTICE OF POTENTIA L PROBLEMS. FOR ACCIDENTAL DISCHARGES,
8 DISCHARGES OF A NON-ROUTINE OR EPISODIC NATURE, NON-CUSTOMARY
9 BATCH DISCARGES, EMERGENCY BYPASSES, UPSETS, AND/OR SLUG LOAD
10 DISCHARGES, USER NOTIFICATION REQUIREMENTS ARE AS SPECIFIED IN
11 SECTION 1046.08.
12 (c)(F) NOTICE OF V IOLA TION A ND REPEA T SA MPLING. If sampling performed by
13 a user indicates a violation, the user shall notify the City within twenty-four hours of
14 becoming aware of the violation. The user shall also repeat the sampling and submit the
15 results of re-analysis to the City within thirty days after becoming aware of the violation,
16 except when the City will be performing scheduled surveillance sampling/analysis within
17 this thirty-day period. IF SAMPLING IS PERFORMED BY THE CITY ON BEHALF
18 OF THE USER, THE CITY WILL EITHER REPEAT THE SAMPLING WITHIN
19 THIRTY DAYS AFTER BECOMING AWARE OF THE VIOLATION OR
20 IMMEDIATELY NOTIFY THE USER OF THE REQUIREMENT TO REPEAT THE
21 SAMPLING WITHIN THIRTY DAYS.
22 (I) (G) NOTICE OF HA ZA RDOUS W A STE DISCHA RGE. All users shall also notify the
23 POTW, the EPA and the State Hazardous Waste Authority, in writing, of any discharge
24 into the POTW of a substance which would be a hazardous waste under 40 C.F.R. 261 if
25 disposed via other means. Notification details, as well as allowable exemptions, shall be
26 in accordance with 40 C.F.R. 403.12(P). In the case of any new regulations under section
27 3001 of RCRA identifying additional characteristics of hazardous waste or listing any
28 additional substance as a hazardous waste, the user must provide notification of the
29 effective date of such regulations. In the case of any notification of hazardous waste
30 discharges, the user shall further certify that it has a program in place to reduce the
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1 volume and toxicity of hazardous wastes generated to the degree it has determined to be
2 economically practical.
3 (g) (H) The reports required by this section shall be signed by an authorized
4 representative of the industrial user and shall include the following certification
5 statement:
6 I certify under penalty of law that this document and all attachments were prepared under
7 my direction or supervision in accordance with a system designed to assure that qualified
8 personnel properly gather and evaluate the information submitted. Based on my inquiry
9 of the person or persons who manage the system or those persons directly responsible for
10 gathering the information, the information submitted is, to the best of my knowledge and
11 belief, true, accurate and complete. I am aware that there are significant penalties for .
12 submitting false information, including the possibility of fine and imprisonment for
13 knowing violations.
14 If the authorized representative changes because a different individual or position has
15 responsibility for the overall operation of the facility or for environmental matters of the
16 company, a new authorization, satisfying the requirements of THE DEFINITION
17 CONTAINED IN Section 1046.02(1)C., must be submitted to the City prior to or
18 together with any reports to be signed by the authorized representative.
19 {-h (I) Non-domestic users shall report any changes to information in compliance reports
20 to the POTW within 60 days.
21 1046.14. Monitoring facilities AND TECHNIQUES.
22 (A) The City may require to be provided and operated, at a user's own expense,
23 monitoring facilities to allow inspection, sampling and flow measurement of the building
24 sewer and/or internal drainage systems. The monitoring facility should normally be
25 situated on the user's premises, but the City may, when such a location would be
26 impractical or cause undue hardship on the user, allow the facility to be constructed in a
27 public street or sidewalk area and located so that it will not be obstructed by landscaping
28 or parked vehicles. There shall be ample room in or near such sampling manhole or
29 facility to allow accurate sampling and preparation of samples for analysis. The facility,
30 sampling and measuring equipment shall be maintained at all times in a safe and proper
31 operating condition at the expense of the user. Whether constructed on public or private
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1 property, sampling and monitoring facilities shall be provided in accordance with plans
2 and specifications submitted to and approved by the City and all applicable local
3 construction standards and specifications. When required, construction of such facilities
4 shall be completed within ninety days following written notification by the City.
5 (B) ALL WASTEWATER SAMPLES MUST BE REPRESENTATIVE OF THE
6 USER'S DISCHARGE. WASTEWATER MONITORING AND FLOW
7 MEASUREMENT FACILITIES SHALL BE PROPERLY OPERATED, KEPT CLEAN,
8 AND MAINTAINED IN GOOD WORKING ORDER AT ALL TIMES. THE
9 FAILURE OF A USER TO KEEP ITS MONITORING FACILITY IN GOOD
10 WORKING ORDER SHALL NOT BE GROUNDS FOR THE USER TO CLAIM
11 THAT SAMPLE RESULTS ARE UNREPRESENTATIVE OF ITS DISCHARGE.
12 (C) ALL SAMPLING AND ANALYTICAL TESTING SHALL BE IN
13 ACCORDANCE WITH PROTOCOLS, INCLUDING APPROPRIATE
14 PRESERVATION, SPECIFIED IN 40 CFR PART 136 AND APPROPRIATE USEPA
15 GUIDANCE. WHERE SUCH PROTOCOLS AND GUIDANCE DO NOT INCLUDE
16 A GIVEN POLLUTANT, THE USER MAY APPLY METHODS SUBJECT TO PRIOR
17 ACCEPTANCE OF THE CITY.
18 (D) FOR COMPOSITE SAMPLES, THE USER SHALL USE A FLOW-
19 PROPORTIONAL SAMPLING TECHNIQUE UNLESS AN ALTERNATE TIME-
20 BASED OR GRAB-BASED SAMPLING TECHNIQUE IS AUTHORIZED BY THE
21 DIRECTOR. THE USER SEEKING AN ALTERNATE SAMPLING TECHNIQUE
22 SHALL SUBMIT A REQUEST TO THE CITY IN WRITING, AND SHALL HAVE
23 THE BURDEN OF DEMONSTRATING THAT THE ALTERNATE SAMPLING
24 TECHNIQUE WILL BE REPRESENTATIVE OF THE DISCHARGE. THE
25 DECISION WHETHER TO ALLOW AN ALTERNATE SAMPLING TECHNIQUE
26 WILL BE AT THE DIRECTOR'S DISCRETION, AND THE BASIS FOR THIS
27 DECISION WILL BE DOCUMENTED IN THE CITY'S FILE FOR THAT USER.
28 (E) GRAB SAMPLES SHALL BE USED FOR ASSESSING COMPLIANCE OF OIL
29 AND GREASE, TEMPERATURE, PH, CYANIDE, TOTAL PHENOLS, SULFIDES,
30 AND VOLATILE ORGANIC COMPOUNDS. FOR COMPLIANCE REPORTS, THE
31 USER SHALL COLLECT THE NUMBER OF GRAB SAMPLES NECESSARY TO
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1 PROPERLY ASSESS ITS COMPLIANCE WITH APPLICABLE PRETREATMENT
2 STANDARDS AND REQUIREMENTS EXCEPT AS FOLLOWS: FOR SAMPLING
3 ASSOCIATED WITH A 90-DAY COMPLIANCE REPORT OR BASELINE
4 MONITORING REPORT, A MINIMUM OF (4) DAILY GRAB SAMPLES MUST BE
5 USED FOR PH, CYANIDE, TOTAL PHENOLS, OIL AND GREASE, SULFIDE, AND
6 VOLATILE ORGANIC COMPOUNDS WHERE HISTORICAL SAMPLING DATA
7 DOES NOT EXIST; WHERE HISTORICAL SAMPLING DATA DOES EXIST, THE
8 DIRECTOR MAY AUTHORIZE A LOWER NUMBER OF SAMPLES. THE USER
9 MAY USE MULTIPLE GRAB SAMPLES FOR SAMPLING ASSOCIATED WITH A
10 90-DAY COMPLIANCE REPORT OR BASELINE MONITORING REPORT
11 PROVIDED THEY ARE COLLECTED DURING A 24-HOUR PERIOD AND
12 COMPOSITED PRIOR TO THE ANALYSIS ACCORDING TO THE FOLLOWING
13 BASIS:
14 (i) COMPOSITED IN THE FIELD OR THE LABORATORY FOR CYANIDE, TOTAL
15 PHENOLS, AND SULFIDES;
16 (ii) COMPOSITED ONLY IN THE LABORATORY FOR VOLATILE ORGANICS
17 AND OIL AND GREASE; AND
18 (iii) COMPOSITED AS AUTHORIZED BY THE DIRECTOR FOR OTHER
19 PARAMETERS.
20 1046.15. Inspection and sampling.
21 (A) The City shall inspect the facilities of any user to ascertain whether or not the
22 purposes of this chapter are being met and all requirements thereof are being complied
23 with. Persons or occupants of premises where wastewater is created or discharged shall
24 allow the City or its representative ready access at all reasonable times to all parts of the
25 premises for purposes of inspection, sampling, records examination, records copying or
26 otherwise for the performance of his or her duties. The City, the MDNR MDEQ and the
27 EPA may set up on the user's property such devices as are necessary to conduct sampling,
28 inspection, compliance monitoring and/or metering operations. Where a user has security
29 measures in force which would require proper identification and clearance before entry
30 into the premises, the user shall make necessary arrangements with security guards so
31 that upon presentation of suitable identification, personnel from the City, the MDNR
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1 MDEQ and the EPA will be permitted to enter, without delay, for the purposes of
2 performing their specific responsibilities. While performing the aforementioned work on
3 private premises, City representatives shall observe all safety rules applicable to the
4 premises established by the company and the company shall be held harmless for injury
5 to or death of City employees while performing such work. The City shall indemnify the
6 company against loss or damage to its property by City employees and against liability
7 claims and demands for personal injury or property damage asserted against the company
8 and growing out of the gauging and sampling operation, except such as may be caused by
9 negligence or failure of the company to maintain safe conditions, as required in Section
10 1046.14.
11 (B) THE CITY WILL EVALUATE ALL SIGNIFICANT INDUSTRIAL USERS FOR
12 THE NEED FOR A SLUG CONTROL PLAN WITHIN ONE YEAR OF THAT USER
13 BEING DESIGNATED AS A SIGNIFICANT INDUSTRIAL USER. THE CITY WILL
14 ALSO REEVALUATE THE NEED FOR A SLUG CONTROL PLAN WHEN
15 NOTIFIED BY A USER OF A CHANGE IN THE SLUG LOAD DISCHARGE
16 POTENTIAL.
17 1046.16. Pretreatment; publication of violators' names.
18 (a) Industrial users shall provide necessary wastewater treatment as required to comply
19 with this chapter and shall achieve compliance with all national categorical pretreatment
20 standards within the time limitations specified by Federal pretreatment regulations and
21 required by the City. Industrial users with integrated facilities shall comply with any
22 alternative discharge limits as set by the City. Any facilities required to pretreat
23 wastewater to a level acceptable to the City shall be provided, operated and maintained at
24 the user's expense. Detailed plans showing the pretreatment facilities and operating
25 procedures shall be submitted to the City for review at the request of the City. The review
26 of such plans and operating procedures shall in no way relieve the user from the
21 responsibility of modifying the facility as necessary to produce an effluent acceptable to
28 the City under this chapter. Any subsequent change in pretreatment facilities or methods
29 of operation shall be reported to the City prior to the user's initiation of such change.
30 (b) The City shall annually publish in the major local newspaper a list of all users who
31 were significantly violating IN SIGNIFICANT VIOLATION OF any applicable
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1 pretreatment requirements or standards during the twelve previous months. Such
2 notification shall also IDENTIFY THE NATURE OF THE VIOLATION AND
3 summarize any enforcement actions taken against such users during such period.
4 (c) All records relating to compliance with pretreatment standards shall be made
5 available to officials of the EPA or the MD-IsiR MDEQ upon request.
6 1046.17. Confidentiality of information.
7 Information and data on a user obtained from reports, questionnaires, permit applications,
8 permits, monitoring programs and inspections shall be available to the public or any
9 governmental agency without restriction, unless the user specifically requests otherwise
10 and is able to demonstrate to the satisfaction of the City that the release of such
11 information would divulge information, processes or methods of production entitled to
12 protection as trade secrets of the user.
13 When requested by the person furnishing a report, the portion of a report which might
14 disclose trade secrets or secret processes shall not be made available for inspection by the
15 public but shall be made available upon written request to governmental agencies for uses
16 related to this chapter, the NPDES permit or pretreatment programs. However, such
17 portion shall be available for use by the State or any State agency in judicial review or
18 enforcement proceedings involving the person furnishing the report. Wastewater
19 constituents and characteristics will not be recognized as confidential information.
20 Information accepted by the City as confidential shall not be transmitted to any
21 governmental agency or to the general public by the City until and unless a ten-day
22 notification thereof is given to the user.
23 1046.18. Suspension of service for harmful discharges.
24 The City may suspend wastewater treatment service when such suspension is necessary,
25 in the opinion of the City, in order to stop an actual or threatened discharge which
26 presents or may present an imminent or substantial endangerment to the health or welfare
27 of persons or the environment, which causes interference to the POTW or which causes
28 the City to violate any condition of its NPDES permit.
29 A person notified of a suspension of the wastewater treatment service shall immediately
30 stop or eliminate the discharge. If the person fails to comply voluntarily with the
31 suspension order, the City shall take such steps as deemed necessary, including
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1 immediate severance of the sewer connection, to prevent or minimize damage to the
2 POTW system or endangerment to any individual. The City shall reinstate the wastewater
3 treatment service upon proof of the elimination of the noncomplying discharge. A
4 detailed written statement submitted by the user describing the causes of the harmful
5 contribution and measures taken to prevent any future occurrence shall be submitted to
6 the City within fifteen days of the date of the occurrence.
7 1046.19. Notification of violation.
8 Whenever the City finds that any user has violated or is violating any of the provisions of
9 this chapter or any prohibition or limitation of requirements contained in this chapter, the
10 City may serve upon such person a written notice stating the nature of the violation.
11 Within thirty days of the date of such notice, the user shall submit to the City a plan for
12 the satisfactory correction of such violation.
13 1046.20. Hearings.
14 (a) A user who is subject to enforcement action under this chapter may request a hearing
15 before the Director of Public Service within ten days of receipt of notification of the
16 proposed enforcement action. Such hearing shall concern the violation, the reasons why
17 the action is to be taken and the proposed enforcement action and shall direct the user to
18 show cause before the Director why the proposed enforcement action should not be
19 taken.
20 (b) The Director may conduct the hearing and take the evidence or may designate any
21 officer or employee to:
22 (1) Issue, in the name of the Director, notices of hearing requesting the attendance and
23 testimony of witnesses and the production of evidence relevant to any matter involved in
24 such hearing;
25 (2) Take the evidence; and
26 (3) Transmit a report of the evidence and the hearing, including transcripts and other
27 evidence, together with recommendation to the Director for action thereon.
28 (c) At any hearing held pursuant to this section, testimony taken must be under oath and
29 recorded stenographically. The transcript, so recorded, shall be made available to any
30 member of the public or any party to the hearing upon payment of the usual charges
31 thereof.
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1 (d) After the Director has reviewed the evidence, he or she may issue an order to the
2 user responsible for the discharge directing that, following a specified time period, the
3 sewer service shall be discontinued unless adequate treatment facilities, devices or other
4 related appurtenances are installed on existing treatment facilities and unless such devices
5 or other related appurtenances are properly operated. Further orders and directives as are
6 necessary and appropriate may be issued.
7 (e) The Director shall also establish appropriate surcharges or fees to reimburse the City
8 for additional costs of operation and maintenance of the wastewater treatment works due
9 to the violation.
10 (f) Any action by the Director may be appealed to Council.
11 1046.21. Legal action.
12 If any person discharges sewage, industrial waste or other waste into the City's
13 wastewater disposal system contrary to any of the provisions of this chapter, any Federal
14 or State pretreatment requirement or any order of the City, the City Attorney may
15 commence an action for appropriate legal relief as set forth below:
16 (a) Civil litigation will be deemed appropriate in the following circumstances:
17 (1) A potential emergency situation which, if unabated, threatens harm to the human
18 health, the environment, or the publicly owned treatment works (POTW) system;
19 (2) When previous formal enforcement efforts, such as a notification of violation (NOV)
20 or an administrative order to show cause (AOSC), have failed to force action on returning
21 a discharger to compliance; or
22 (3) When the City seeks to recover losses incurred due to a noncompliant discharge, or
23 to assess civil fines.
24 (b) Criminal prosecution for a misdemeanor will be deemed appropriate when evidence
25 exists that a major violation or emergency has occurred with criminal intent, severe
26 recurrence, or major aggravation. Such action will be warranted when the user either
27 intended to breach the law or was so indifferent to the nature or implications of its actions
28 to be criminally negligent. Once the evidence is collected and a decision is made to
29 proceed with prosecution, the City Attorney will present the evidence to the County
30 Prosecutor.
31 1046.22. Records of users.
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1 All users subject to this chapter shall retain and preserve, for not less than three years,
2 any records, books, documents, memoranda, reports, correspondence and any and all
3 summaries thereto, relating to monitoring, sampling, and chemical analyses, AND
4 COMPLIANCE WITH ANY BMPS made by or on behalf of a user in connection with
5 its discharge. All records which pertain to matters which are the subject of administrative
6 adjustment or any other enforcement or litigation activities brought by the City pursuant
7 to this chapter shall be retained and preserved by the user until all enforcement activities
8 have concluded and all periods of limitation with respect to any and all appeals have
9 expired.
10 1046.23. Falsification; tampering with monitoring device.
11 No person shall knowingly make any false statement, representation or certification in
12 any application, record, report, plan or other document filed or required to be maintained
13 pursuant to this chapter. No person shall falsify, tamper with or knowingly render
14 inaccurate any monitoring device or method required under this chapter.
15 1046.99. Penalty.
16 In addition to the penalty provided in Section 202.99, the City may recover reasonable
17 attorney's fees, court costs, court reporter's fees and other expenses of litigation, by
18 appropriate suit at law, against any person found to have violated any of the provisions of
19 this chapter or any order, rule, regulation or permit issued hereunder. The City has legal
20 authority to seek or assess civil fines in at least the amount of one thousand ($1,000.00)
21 dollars per day pursuant to 40 CFR 403.8(f)(1)(vi)(A), or criminal penalties in at least the
22 amount of five hundred dollars ($500.00) a day for each violation of applicable
23 pretreatment standards and requirements.
24 Editor's note: See Section 202.99 for general Code penalty if no specific penalty is
25 provided.
26 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or
27 rules inconsistent with the provisions hereof are hereby repealed.
28 Section 3. Should any section, clause or phrase of this ordinance be declared to
29 be invalid, the same shall not affect the validity of the ordinance as a whole, or any part
30 thereof other than the part so declared to be invalid.
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1 Section 4. This ordinance shall take effect on the 30th day after enactment, unless
2 given immediate effect by City Council.
Approved as to form:
City Attorney
Dated:
9
10
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OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Amending Lansing
Codified Ordinances by Eliminating the Requirement that Each Auction Held in the City be Separately
Licensed
VB/rh
Attachment

Chris Swope
Lansing City Clerk
April 8, 2011

Lansing, MI 48933
I submit for your adoption an amendment to the Auction License Ordinance. The
amendment would eliminate the requirement for a separate license for each auction
event, but would still require the auctioneers to inform the City of each auction and
provide a list of items to be auctioned. This change would provide staff time savings and
create a more efficient licensing process.
Sincerely,
Chris Swope, CMC

Lansing City Clerk

517-483-4131 o 517-377-0068 FAX
INTRODUCTION OF ORDINANCE
AMEND CHAPTER 805
Council Member [ ], Chair of the <<COMMITTEE NAME>> introduced:
An Ordinance of the City of Lansing, Michigan, to Amend Chapter 805 of the Lansing
Codified Ordinances by eliminating the requirement that each auction held in the city
be separately licensed.
The Ordinance is referred to the <<COMMITTEE NAME>>
RESOLUTION SETTING PUBLIC HEARING

By Council Member
RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set
for [date] at 7:00 p.m. in the City Council Chambers, 10th Floor Lansing City Hall, 124
W. Michigan Ave., Lansing, MI for the purpose of considering an Ordinance of the City
of Lansing, Michigan, to Amend Chapter 805 of the Lansing Codified Ordinances by
eliminating the requirement that each auction held in the city be separately licensed.

DRAFT #1.4
FEBRUARY 16, 2011
1
2 ORDINANCE NO.
4 CHAPTER 805 OF THE LANSING CODIFIED ORDINANCES BY ELIMINATING THE
5 REQUIREMENT THAT EACH AUCTION HELD IN THE CITY BE SEPARATELY
6 LICENSED.
10 CHAPTER 805. AUCTIONS*
11 805.01. Scope and purpose of chapter.
12 This chapter is intended, among other things, to prcvcnt an applicant or applicants for a license
13
14
15 brought into the City for the purpose of selling the same at public auction under the guise and
16 cover that the same are goods, wares, merchandise and personal property which the applicant had
17 --,- :, . - ling his or her application for the liccnsc. This chapter
18 is further intended to prevent the public from being deceived in bidding at an auction sale upon
19
20 application for the liccnsc was filed.
21 The passage of this chapter is in the interest of public morals and welfare and for the prevention
22 of deceit, misrepresentation, and fraud in the selling of goods, wares, merchandise and personal
23 property at public auction.
1
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DRAFT #1.4
FEBRUARY 16, 2011
1 This chapter is not intended to, nor does it, relieve or dispense with the necessity of each and
2 every auctioneer conducting an auction to comply with the ordinances of the City and the laws of
3 the State relating to auctioneer's licenses.
4 805.02. License to conduct sale required; auctioneer's AUCTIONEER'S license required; fee
5 and bond for auctioneer's license; exceptions.
6 No person shall sell, er offer for sale, at public auction, or cause or permit to be sold or disposed
7 of, in the City at public auction, any goods, wares, merchandise or personal property (whethef
8 the same is such person's own property or the property of some other person) without first
9 obtaining from the City Clerk a license to conduct such sale AN AUCTIONEER'S LICENSE;
10 nor shall any person conduct such a sale otherwise than by an auctioneer licensed under this
11 chapter. The City Clerk is hereby authorized to issue an annual AUCTIONEER'S license to any
12 proper person to be an auctioneer upon such person's paying into the City Treasury a fee set by
13 resolution of Council AND UPON THE FILING OF A BOND IN THE PENAL SUM OF
14 $2500.00. This chapter shall not apply to the selling of property under legal process or under
15 mortgage or order of any court, nor shall it apply to any person acting as an auctioneer for a
16 charitable corporation, organization or association, provided that no part of the proceeds of such
17 sale accrues to the private benefit of such auctioneer or to any officer, director, agent or
18 employee of such charitable corporation, organization or association.
19 805.03. LICENSE Application for license to conduct sale; restriction on items sold; inventory.
20 Any person applying for a-AN AUCTIONEER'S license for the sale
21 shall furnish to the City Clerk a written application for
22 such license, signed by the APPLICANT. THE APPLICANT SHALL PROVIDE THE
23 ADDRESS OF THE AUCTIONEER AND ANY PROPOSED USUAL AUCTION SALE
2
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DRAFT #1.4
FEBRUARY 16, 2011
1 LOCATIONS.auctioncer intending to make such sale and designating the property proposed to
4 personal property which are not, at the time such an applicatio ,'--
5 on the premises where such sale is to be held, shall not be offered for sale or sold at such auction.
6 Applicants SHALL CERTIFY ON THE APPLICATION THAT THEY HAVE FULLY
7 SATISFIED ALL CITY INCOME TAX AND liable for personal property taxes shall provide
8 the City Clerk with a certification from the City Treasurer of full satisfaction of personal
9 property tax obligations.
10
11 license, which inventory shall contain a description sufficiently definite so that from such
12 description the property therein described can be determined and identified, and ch of such
13 inventories shall have attached thereto an affidavit stating, among other things, the following:
14 "The property in the attached inventory is the only property proposed to be sold or offered for
15
16 805.04. Fee for license to conduct sale; issuance of license; term; hours when sale permitted.
17 A fee in an amount set by resolution of Council shall accompany each application for license to
18 shall be retained by the City Clerk for the use of the
19 City. UPON THE FILING OF AN AUCTIONEER'S LICENSE APPLICATION, THE CITY
20 CLERK SHALL FORWARD THE APPLICATION TO ANY DEPARTMENT DEEMED
21 NECESSARY TO REVIEW THE APPLICATION. If in all respects the foregoing provisions of
22 this chapter have been complied with by the applicant for such a license, the City Clerk shall
23 issue such license. Such license shall not be granted for any gr atcr number of days than the
3
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DRAFT #1.4
FEBRUARY 16, 2011
1 number of days designated in the application for the license under which such sale is to be held,
2 and in no event shall such a license be granted for more than ten days beginning with the first
3 day of the sale mentioned in the application therefor, nor shall any auction sale be conducted
4 later than 9:00 p.m., except when any such auction sale is wholly confined to a closed building or
6 not otherwise constitute a nuisance.
7 805.05. Licensing of minors prohibited.
8 No license under this chapter shall be granted to any person under the age of 18 years.
805.06. Application blanks and license certificates.
10 The City Clerk shall, at the expense of the City, provide, for the use of the public, application
11 blanks and forms of license certificates meeting the requirements of this chapter.
12 805.07. Transferability of licenses; suspension and revocation.
13 Licenses granted under this chapter shall not be transferable. Further, all such licenses shall
14
15 between meetings of Council, for violations of any of the provisions of this chapter. Whenever a
16
17 been suspended by the City Clerk because of such violation, the City Clerk shall report his or her
18 action thereon at the next regular meeting of Council and such liccns shall then be revocable by
19 Council at its pl sure.
20 805.08. AUCTION INVENTORIES; Notification of police chief; appointment of inspectors;
21 duties of inspectors; fees.
22 (a) AT LEAST 10 DAYS PRIOR TO CONDUCTING AN AUCTION, THE PERSON
23 HOLDING THE AUCTION SHALL FILE WITH THE CITY CLERK AN ITEMIZED
4
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DRAFT #1.4
FEBRUARY 16, 2011
1 INVENTORY OF THE ITEMS TO BE SOLD AT THE AUCTION AND THE DATES,
2 TIMES, AND LOCATION OF THE AUCTION.
3 (b) The City Clerk shall notify the Chief of Police of the licensing of a public auction sale under
4 this chapter and the Chief of Police may select and furnish for each such public auction sale an
5 inspector who shall attend such sale during all of the time it is conducted, to which inspector the
6 City Clerk shall furnish one copy of the inventory filed with the City Clerk at the time the
7 application for the license is filed. Such inspector shall, as such auction sale progresses, check
8 such inventory and prepare a list of each article offered for sale and sold at such sale. No goods,
9 wares, merchandise or personal property shall be offered for sale or sold at such a sale if the
10 same does not appear in the inventory filed with the City Clerk. The person licensed to conduct
11
12
13 to such inspector unless such inspector actually attends such sale daily, and such inspector shall
14 promptly pay such fees to the City Treasurer.
15 805.09. Sale of uninventoried goods.
16 Inspectors appointed under Section 805.08 shall report daily to the City Clerk any goods, wares,
17 merchandise and personal property which were WAS offered for sale or sold at the auction sale
18 and which were WAS not contained in the inventory filed with the CITY CLERK license
19 application. Tf any c goods, wares, merchandise and personal property arc offered for sale or
20
21 sale shall, of itself and coincident with such offer, revoke and make void the license to conduct
22 such sale and, further, shall constitute a violation of this chapter punishable as provided in
23 Section 805.99.
5
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DRAFT #1.4
FEBRUARY 16, 2011
1 805.10. Other unlawful acts, omissions and practices.
2 The following acts, omissions and practices in connection with public auction sales conducted
3 under this chapter, in addition to other acts, omissions and practices enumerated in this chapter,
4 are hereby prohibited, ..- : - - . - : f any of the same shall be deemelation of this
5 chapter:
6 (a) The use of deceit, fraud., or misrepresentation in the sale of, or in offering for sale, any
7 goods, wares, merchandise or personal property;
8 (b) The use of false bidders, OR WHAT ARE COMMONLY KNOWN AS "tappers,"
9 "BOOSTERS," "SHILLERS," and "puffers;" OR ANY SCHEME TO OFFER OR MAKE ANY
10 FALSE BID, OR OFFER ANY FALSE BID OR PRETEND TO BUY ANY ARTICLE SOLD
11 OR OFFERED FOR SALE AT ANY SALE BY AUCTION;
12 (c) The use of bells, buzzers or any other kind of mechanical instrument that attracts attention to
13 an auction;
14 (d) The use of any false or misleading advertising matter relating to the kind or quality of any
15 goods, wares, merchandise or personal property to be sold;
16 (e) The substitution of an unlicensed auctioneer in place of a licensed auctioneer; and
17 (f) The failure of an auctioneer at an auction sale to exhibit an auctioneer's license to any police
18 officer or City official, upon demand, at the place where AN AUCTION such sale is conducted.
19 fg), THE SALE AT AUCTION OF ANY ITEMS NOT LISTED ON AN INVENTORY FILED
20 PURSUANT TO SECTION 805.08(a) OR THE SALE OF ANY ITEMS THAT WERE NOT
21 LOCATED ON THE PREMISES WHERE THE AUCTION IS HELD AT THE TIME OF
22 FILING THE INVENTORY.
23 (h) THE HOLDING OF AN AUCTION FOR MORE THAN TEN CONSECUTIVE DAYS.
6
Document in Unnamed
DRAFT #1.4
FEBRUARY 16, 2011
1 fi) THE HOLDING OF AN OUTDOOR AUCTION AFTER 9:00 P.M. OR THE HOLDING
2 OF AN AUCTION CONFINED WITHIN A CLOSED STRUCTURE AFTER 11:00 P.M.
3 805.11. REVOCATION OF LICENSES
4 (a) A LICENSE ISSUED PURSUANT TO THIS CHAPTER MAY BE REVOKED AFTER
5 AN ADMINISTRATIVE HEARING AT WHICH THE CHIEF OF POLICE, THE CITY
6 ATTORNEY, AND THE CITY CLERK DETERMINE THAT ANY GROUNDS FOR
7 REVOCATION UNDER SUBSECTION (b) EXIST. NOTICE OF THE TIME AND PLACE
8 OF THE HEARING AND THE GROUNDS FOR REVOCATION MUST BE GIVEN TO THE
9 LICENSEE AT LEAST FIVE DAYS PRIOR TO THE DATE OF THE HEARING, BY FIRST
10 CLASS MAIL TO THE ADDRESS GIVEN ON THE LICENSE APPLICATION.
11 (b) LICENSES MAY BE DENIED OR REVOKED ON ANY OF THE FOLLOWING BASES:
12 (1) THE APPLICANT OR LICENSEE COMMITS A VIOLATION OF THIS CHAPTER;
13 (2) THE APPLICANT COMMITS FRAUD OR MISREPRESENTATION OR MAKES A
14 FALSE STATEMENT DURING THE APPLICATION PROCESS OR ON ANY INVENTORY
15 REQUIRED TO BE FILED PURSUANT TO SECTION 805.08(a);
16 (3) THE APPLICANT OR ANY PERSON WITH AN OWNERSHIP INTEREST IN THE
17 APPLICANT IS IN DEFAULT TO THE CITY;
18 (4) THE LICENSEE COMMITS FRAUD, MISREPRESENTATION, OR MAKES A FALSE
19 STATEMENT WHILE CONDUCTING AN AUCTION;
20 805.99. Penalty.
21 Editor's note: See Section 202.99 for general Code penalty if no specific penalty is provided.
7
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DRAFT #1.4
FEBRUARY 16, 2011
7
8
9 City Attorney
10
11 Dated:
12
8
Document in Unnamed
OFFICE OF THE MAYOR
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
DATE: April 7, 2011
RE: Resolution- Introduction of Ordinance & Setting Public Hearing- Amending Lansing
Codified Ordinances, Establishing a Procedure for Recognition of a Service Organization
VB/rh
Attachment

Chris Swope
Lansing City Clerk
April 8, 2011

Lansing, MI 48933
I submit for your approval an Ordinance to codify the procedure of the City recognizing
non-profit organizations for their ability to receive Charitable Gaming Licenses from the
State of Michigan. As you are aware, the City spends significant staff resources in the
processing and investigation of each organization; the ordinance would allow a fee set
by resolution of Council to recoup some of those costs. Since the recognition is only
required once for each organization, the fee would only bee assessed upon initial
application.
Sincerely,
Chris Swope, CMC

Lansing City Clerk

517-483-4131 o 517-377-0068 FAX
INTRODUCTION OF ORDINANCE
ADD CHAPTER 876
Council Member [ ], Chair of the <<COMMITTEE NAME>> introduced:
An ordinance of the city of Lansing, Michigan, to add Chapter 876 of the Lansing
Codified Ordinances establishing a procedure for recognition of a Service
Organization, as described by MCL 432.103(k)(ii)
The Ordinance is referred to the <<COMMITTEE NAME>>
RESOLUTION SETTING PUBLIC HEARING

By Council Member
RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set
for [date] at 7:00 p.m. in the City Council Chambers, 10th Floor Lansing City Hall, 124
W. Michigan Ave., Lansing, MI for the purpose of considering an Ordinance of the City
of Lansing, Michigan, to Amend Chapter ##, Section ##, of the Lansing Codified
Ordinances by [description].

Draft #1
January 19, 2011
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO ADD CHAPTER
3 876 OF THE LANSING CODIFIED ORDINANCES ESTABLISHING A PROCEDURE FOR
4 RECOGNITION OF A SERVICE ORGANIZATION, AS DESCRIBED BY MCL
5 432.103(k)(ii).
CHAPTER 876. SERVICE ORGANIZATIONS
10 876.01. REQUEST FOR RECOGNITION AS SERVICE ORGANIZATION
11 AN ORGANIZATION SEEKING RECOGNITION AS A SERVICE ORGANIZATION, AS
12 DESCRIBED BY MCL 432.103(k)(ii), MUST SUBMIT A WRITTEN APPLICATION TO
13 THE CITY CLERK'S OFFICE. THE APPLICATION MUST CONTAIN A NON-
14 REFUNDABLE PROCESSING FEE ESTABLISHED BY COUNCIL RESOLUTION AND
15 DOCUMENTATION SUFFICIENT TO DEMONSTRATE SATISFACTION OF THE
16 CRITERIA ESTABLISHED BY MCL 432.103(k)(ii).
1
Document in Unnamed
Draft #1
January 19, 2011

Approved as to form:
City Attorney
Dated:
10
2
Document in Unnamed
MICHIGAN DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
PERMIT
ISSUED TO:
City of Lansing Department of Public Service Permit No. 11-33-0006-P

Chad Gamble P.E., Director Issued March 31, 2011
732 City Hall, 124 West Michigan Avenue Extended
Lansing, Michigan 48824 Revised
Expires March 31, 2016
This permit is being issued by the Department of Natural Resources and Environment (DNRE) under the
provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA) and
specifically:
❑ Part 301 Inland Lakes and Streams ❑ Part 315 Dam Safety
❑ Part 325 Great Lakes Submerged Lands ❑ Part 323 Shorelands Protection and Management
❑ Part 303 Wetlands Protection ❑ Part 353 Sand Dune Protection and Management
® Part 31 Floodplain/Water Resources Protection
Permission is hereby granted, based on permittee assurance of adherence to State requirements and permit
conditions to:
Permitted Activity:
Install a sculpture within the 100-year floodway of the Grand River, along the river walk
and downstream of the City Market. Installation shall include excavating approximately
77 cubic yards of material and filling approximately 103.5 cubic yards for concrete
sidewalk/ramp, curb, and platform. The sculpture shall be anchored to prevent floatation or
lateral movement. All work shall be completed as shown on attached plans along with all
specifications of this permit.
Water Course Affected: Grand River L.) :to

Property Location: Ingham County, City of Lansing, Section 16 c- . - m
Subdivision, Lot Town/Range 4N, 2W Property Tax No.
Authority granted by this permit is subject to the following limitations: t 1
A. Initiation of any work on the permitted project confirms the permittee's acceptance and agreement to comply with all tpr--ins a'tjpl D
conditions of this permit. rr l ..
B. The permittee in exercising the authority granted by this permit shall not cause unlawful pollution as defined by Part 31^f c
Floodplain/Water Resources Protection of the NREPA,
C. This permit shall be kept at the site of the work and available for inspection at all times during the duration of the project or until its
date of expiration.
D. All work shall be completed in accordance with the plans and the specifications submitted with the application and/or plans and
specifications attached hereto.
E. No attempt shall be made by the permittee to forbid the full and free use by the public of public waters at or adjacent to the
structure or work approved herein.
F. It is made a requirement of this permit that the permittee give notice to public utilities in accordance with Act 53 of the Public Act of
1974 and comply with each of the requirements of that act.
G. This permit does not convey property rights in either real estate or material, nor does it authorize any injury to private property or
invasion of public or private rights, nor does it waive the necessity of seeking federal assent, all local permits or complying with
other state statutes.
H. This permit does not prejudice or limit the right of a riparian owner or other person to institute proceedings in any circuit court of this
state when necessary to protect his rights.
I. Permittee shall notify the DNRE within one week after the completion of the activity authorized by this permit, by completing and
forwarding the attached, preaddressed post card to the office addressed thereon.
J. This permit shall not be assigned or transferred without the written approval of the DNRE.
K. Failure to comply with conditions of this permit may subject the permittee to revocation of permit and criminal and/or civil action as
cited by the specific State Act, Federal Act and/or Rule under which this permit is granted.
L, Work to be done under authority of this permit is further subject to the following special instructions and specifications:
City of Lansing, Department of Public Service 2 of 3 Permit Number 11-33-0006-P
1. The design flood or 100-year floodplain elevation at this location on the Grand River is
829.8 feet N.G.V. Datum of 1929.
2. All work shall be completed in accordance with the attached plans and the terms and conditions of this
permit.
3. Authority granted by this permit does not waive permit requirements under Part 91, Soil Erosion and
Sedimentation Control, of the NREPA, or the need to acquire applicable permits from the
County Enforcing Agent (CEA). To locate the Soil Erosion Program Administrator for your county visit
www.deq.state.mi.us/sesca/.
4. Prior to the initiation of any permitted construction activities, a siltation barrier shall be constructed
immediately down gradient of the construction site. Siltation barriers shall be specifically designed to
handle the sediment type, load, water depth, and flow conditions of each construction site throughout
the anticipated time of construction and unstable site conditions. The siltation barrier shall be
maintained in good working order throughout the duration of the project. Upon project completion, the
accumulated materials shall be removed and disposed of at an upland (non-wetland, non-floodplain)
site. The siltation barrier shall then be removed in its entirety and the area restored to its original
configuration and cover.
5. All raw areas resulting from the permitted construction activity shall be promptly and effectively
stabilized with sod and/or seed and mulch (or other technology specified by this permit or project plans)
in a sufficient quantity and manner to prevent erosion and any potential siltation to surface waters or
wetlands.
6. All dredge/excavated spoils including organic and inorganic soils, vegetation, and other material
removed shall be placed on upland (non-wetland, non-floodplain or non-bottomland), prepared for
stabilization, and stabilized with sod and/or seed and mulch in such a manner to prevent and ensure
against erosion of any material into any waterbody, wetland, or floodplain.
7. All fill/backfill shall consist of clean inert material that will not cause siltation nor contain soluble
chemicals, organic matter, pollutants, or contaminants. All fill shall be CONTAINED in such a manner
so as not to erode into any surface water, floodplain, or wetland. All raw areas associated with the
permitted activity shall be STABILIZED with sod and/or seed and mulch, riprap, or other technically
effective methods as necessary to prevent erosion.
8. The structure shall be firmly anchored to prevent flotation or lateral movement.
9. This permit is being issued for the maximum time allowed under the State's Floodplain Regulatory
Authority found in Part 31, Water Resources Protection, of the Natural Resources and Environmental
Protection Act, PA 451 of 1994, as amended. Therefore, no extensions of this permit will be granted.
Initiation of the construction work authorized by this permit indicates the permittee's acceptance of this
condition. The permit, when signed by the MDEQ, will be for a five-year period beginning at the date of
issuance.
10. Fill shall not be placed to prevent surface water drainage across the site. Site runoff shall be directed
to public or natural drainage ways and not unnaturally discharged onto adjacent properties.
11. In issuing this permit, the MDEQ has relied on the information and data that the permittee has provided
in connection with the permit application. If, subsequent to the issuance of this permit, such
information and data prove to be false, incomplete, or inaccurate, the MDEQ may modify, revoke, or
suspend the permit, in whole or in part, in accordance with the new information.
12. The authority to conduct the activity as authorized by this permit is granted solely under the provisions
of the governing act as identified above. This permit does not convey, provide, or otherwise imply
City of Lansing, Department of Public Service . 3 of 3 Permit Number 11-33-0006-P
approval of any other governing act, ordinance, or regulation, nor does it waive the permittee's
obligation to acquire any local, county, state or federal approval or authorization, necessary to conduct
the activity.
13. The permittee shall indemnify and hold harmless the State of Michigan and its departments, agencies,
officials, employees, agents and representatives for any and all claims or causes of action arising from
acts or omissions of the permittee, or employees, agents, or representatives of the permittee,
undertaken in connection with this permit. This permit shall not be construed as an indemnity by the
State of Michigan for the benefit of the permittee or any other person.
14. If any change or deviation from the permitted activity becomes necessary, the permittee shall request,
in writing, a revision of the permitted activity and/or mitigation plan from the MDEQ. Such revision
requests shall include complete documentation supporting the modification and revised plans detailing
the proposed modification. Proposed modifications must be approved, in writing, by the MDEQ prior to
being implemented.
15. This permit may be transferred to another person upon written approval.of the MDEQ. The permittee
must submit a written request to the MDEQ to transfer the permit to the new owner. The new owner
must also submit a written request to accept transfer of the permit. The new owner must agree, in
writing, to accept all conditions of the permit. A single letter signed by both parties which includes all
the above information may be provided to the MDEQ. The MDEQ will review the request and if
approved, will provide written notification to the new owner.
Dan Wyant, Director

Department of Natural Resources and Environment
By ( 4 uv(
-e) -- Donna Cefvelli
Water Resources Division
cc: Ingham County Drain Commission

Ingham CEA
City of Lansing Clerk
Mr. John Michalski, P.E., Applied Science, Inc.
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P.O. Box 21006
Lansing, Michigan 48909
517-488-9940
Email: taylorswan24@yahoo.com Website: www.showgratitude.org
April 7, 2011 ra
7.
Lansing City Council r' -'7
t
City Hall y rrl
10th Floor C)
r-r1
C7) CO
124 West Michigan Ave
Lansing, MI 48933
r 1'0 C
Re: Community Funding Application r•'i c-
Please forgive the late date that we are submitting this application, I have been a patient at the VA Hospital for
on-going heart procedures since the beginning of this year and I am trying to catch up on our outstanding
administrative items while I recover. We would appreciate your consideration of these issues when reviewing
our application.
Please fmd attached our Community Funding Application submitted for your review and consideration. The
Gratitude Group is a Lansing 501 (c) (3) Not-for-Profit organization that is currently refurbishing the two Drug
and Alcohol treatment centers that serve the indigent in Lansing. The Glass House for women and the Holden
House for men. Both of these facilities are owned and operated by The National Council on Alcoholism,
Lansing Regional Area.
We are planning a Cinco de Mayo event, to be held at The Clark Conference Center at St Lawrence Hospital on
May 1, 2011, to draw the prize winners for our fund raising raffle, which we hope will allow us to raise the
$10,000 needed to fund the work that we have scheduled for 2011. Please refer to our Member Progress Report,
which is attached, for an overview of our goals for 2011.
Per your instructions, we are also submitting, a detailed budget showing the line item expenses associated with
our fund raising event as well as a list of our officers and a copy of the reservation receipt from Sparrow Health
System.
We believe that we have complied with all of the requirements as set forth in the instructions that were provided
with this application for your organization to consider our request for Community Funding.
Please feel free to call me at 517-488-9940, if you have any questions regarding the information that we have
submitted with this application.
We look forward to a prompt and favorable response.

Application for Community Funding
(5/23/05) - U
Organization Name: The Gratitude Group
Tax ld#: 52118
Mailing Address:PO Box 21006
City, State, Zip: Lansing, MI 48909
Contact Person(s) and Title(s): Taylor Swan, President
Daytime Phone: 517-488-9940
Fax Number: 517-977-1562
E-mail Address: taylorswan24@yahoo.corn
Amount Requested: $500
Event Title & Type: Prize Drawing Event
Reason for Request: (check all that apply)
Defray costs for Rental of Facility . Defray costs for Set Up
Defray costs for Rental of the Showmobile Defray costs for Misc. Rental
Defray costs for Other Yes Please Explain: Cost of Event
Facility Requested For Event and or Equipment (please check)
City Park City Building Oldsmobile Park
Lansing Center Showmobile (mobile stage unit) Other Equipment
What is the expected rental rate for the facility requested and or equipment?
Date(s) and Time(s) of Event: May 1, 2011
Total Estimated Attendance: 120
Estimated Lansing Residents in Attendance: 120
6
If your organization has applied for other City funding for this event, please list each
Department and amount requested: N/A
Please list all other organizations that are sponsoring or participating in your event:
N/A
If your organization received funding from the Lansing City Council previously please list
the amount, year, and purpose: $500, 2010, Cost of Event
Total amount of funds and sources granted by the City this year: $0
Total amount of funds and sources granted by the City in the previous year:$500
Please list any admission fee or registration fee for this event: N/A
ALONG WITH THIS COMPLETED FORM YOU MUST ATTACH THE FOLLOWING:
(Please check after each is completed and attach)
A BUDGET FOR YOUR EVENT

A LIST OF POTENTIAL FUNDING SOURCES AND HOW EACH FUNDING
SOURCE WILL BE USED TOWARDS THE EVENT
LIST OF YOUR ORGANIZATION=S OFFICERS
A COPY OF COMPLETED RESERVATION FORM OR CONTRACT FOR FACILITY
FOR THE EVENT
If your request is granted, you must provide an accounting of how the funds
received were spent and a written analysis of the event to the City Council within
60 days after the event. Attached please find a Community Funding Reporting
Statement - it must be completed and returned along with the written analysis
after the event has taken place to be eligible for Community Funding for the next
fiscal or future fiscal years.
SIGNED: {-^`---t DATE: 4-7-2011
DO NOT WRITE BELOW THIS LINE

Approved by the Committee on General Services and City Council
Date Approved Resolution # Signature
7
P.O. Box 21006
Lansing, Michigan 48909
517-488-9940
Website: www.showgratitude.org
First Quarter 2011 Progress Report
All of the accomplishments that you will read about in this letter are a direct result of skilled labor that
has been donated, as well as gifts in kind and cash donations. In other words, the kindness and
generosity of people like you, who have a heart for the broken men and women who come to the Glass
House and the Holden House to change their lives and find a welcoming and comfortable environment
to greet them.
Our volunteers have continued the repairs and repainting begun in 2010 in the Glass House, using the
paint and supplies donated by O'Leary Paint and Robin Reynolds; their efforts have made a significant
improvement in the way the house looks and feels to the women who are being treated there. We
know this because our volunteers, Gordon Sperry and Steve Higgins, are told thank you every day that
they work there!
We have also begun removing old carpeting and installing new carpeting that was generously donated
by Master Craft Carpet Service. Master Craft has also donated five pallets of Vinyl Composition Tile
flooring that our volunteers will install in both the Glass House and Holden House this year. We are
blessed to have two very skilled volunteers, Evan Howe and John Allward, to provide this labor.
Wolverine Office Interiors began installing the office furniture that was donated in 2009 in the Glass
House "Tech" Office. This office is the first impression that anyone entering the Glass House gets of
the treatment center which is why we began our work this year on the walls, then carpeting and lastly
re-furnishing this important room.
We will continue our carpet and flooring replacement through the year until we have recarpeted and
replaced all of the hard surfaces followed by replacing the furniture in each office. We will also be
replacing the hard surface flooring in the Holden House.
Through our Annual Membership drive we hope to raise the funds required to remove the existing
Holden House furnaces and install the two new "High Efficiency" furnaces that were so generously
donated by North Winds Heating and Cooling. These will replace the old and often broken furnaces
that have been in service since the 1970's. The new furnaces will provide a reduction in heating costs
while providing decades of good service.
We are hopeful that the revenue from our "Super Draw "lottery, beginning in mid-March will provide
the funds to move us forward on our remaining projects. Our plans for 2011 are to continue the work
that we started in 2007. As long as there are those who arrive at the doors of these facilities broken
and seeking a new life, we will work together to insure that they feel valued, perhaps for the first time
in a very long time, by finding an inviting place to begin their journey of recovery.
This has been an amazing experience for all of those involved. As we have seen this work move
forward and have transformed these facilities together, we too have been transformed.
We hope that you will choose to share your gifts with us as a volunteer or as member and become part
of this very special experience.
Gratitude Group
Board of Directors and Committees
Taylor Swan 517-488-9940 tavlorswan24@yahoo.com

Founding Director, President
Directors:
Gordon Sperry, Vice President 517-862-7085 flashgordy9@myway.com
Robert Hapeman, Treasurer 517-349-6064 hapemanrobert@yahoo.com
Tom Baker 517-256-5970 tbaker@spartanmotormall.com
Kym Bayes 517-487-0247
Raymond Kerspilo 810-287-0762 raylinkerspilo@comcast.net
Evan Howe 517-243-1286
Jon Olson 517-819-9945 pumpkin.carver@live.com
Teri Parks 517-505-2977 bb223mac@yahoo.com
Auxiliary Chairs:
The Glass House

Karen Bouffard, Co-chair 313-715-9433 bouffardk@gmail.com
Holden House
Gordon Sperry, Chair 517-862-7085 flashgordy9@myway.com
Executive Director
Open
Committees:
Finance Committee:
Open
Member Services Committee:
Teri Parks, Kym Bayes Co- Chairs

Jon Olson
Taylor Swan
Development Committee:
Tom Baker, Chair

Kym Bayes
Ray Kerspilo
Jon Olson
Teri Parks
Proiect/Program Committee:
Taylor Swan, Chair

Gordon Sperry
Jon Olson
Revised 4/8/2011
Budget for Raffle Drawing Event
Food & Beverage 500

Musicians 1,000
Printing 900
Advertising 500
Signage 250
Linens 400
Serving Utensils 100
Dinner Ware 100
Total Expense 3,750
Revenue from Event
Ticket Sales
(250) $50.00 Tickets 12,500

(1,000) $10. 00 Tickets 10,000
Total Ticket Sales 22,500
Prizes Paid Out 11,250
Gross Revenue 11,250
Minus Expenses 3,750
Net Revenue 7,500
(Sent by Scheduling Fax Server v3.9.1.0)
Scheduling Department Hours (M - F) 8:00 am - 5:00 pm

517-364-3659
Pre-Registration 517-364-6777
..CELEBRATION OF RECOVERY
Patient: .CELEBRATION OF RECOVERY, . Telephone: (Home)

DOB: (Work)
Date Time Procedure MR# Duration Resource
SPARROW AFFILIATE LOCATIONS
Sun, May 1, '11 12:00 PM MEETING 07 hrs. CLARK CC
Your procedure has been scheduled by your physician's

office at one of our Sparrow - Affiliate locations.
Please call Central Scheduling if you have any questions
regarding the exact location of your procedure.
517-364-3659
Confidentiality Notice
The documents accompanying this telecopy transmission contain confidential information, belonging to the sender that is legally privileged. This information is intended
only for the use of the individual or entity named above. The authorized recipient of this information is prohibited from disclosing this information to any other party and
is required to destroy the information after its stated need has been fulfilled, unless otherwise required by law.
If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or action taken in reliance on the the contents of these
documents is strictly prohibited. If you have received this telecopy in error, please notify the sender immediately to arrange for the return of these documents.
Charitable Gaming Division
Box 30023, Lansing, MI 48909
OVERNIGHT DELIVERY:
101 E. Hillsdale, Lansing MI 48933
(517) 335-5780
www.michigan.gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES

(Required by MCL.432.103(9))
Regular Lansing City Council

At a meeting of the
REGULAR OR SPECIAL TOWNSHIP, CITY, OR VILLAGE COUNCILBOARD
President Robinson March 8, 2010
called to order by on
DATE
7:00
at a.ml(^p.m)the following resolution was offered:
TIME
Council Member Quinney The Lansing City Council

Moved by and supported by
The Gratitude Group
that the request from Lansing
of
NAME OF ORGANIZATION CITY
Ingham
countyy of , asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining charitable
Approval
gaming licenses, be considered for
APPROVAUDISAPPROVAL
APPROVAL DISAPPROVAL
Yeas: 8 Yeas:
0
Nays: . Nays:
0
Absent: Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
Lansing City Council Regular
adopted by the at a
TOWNSHIPS,ITY, OR VILLAGE COUNCIUBOARD REGULAR OR SPECIAL
`_ ` :March 8, 2010
meetrng' eid.on.
,
f, - DATE}
SIGN : V -
7 '>
i ^^^TOWNSHIP, CITY OR VILE CLERK
Chris Swope, Lansing City Clerk
PRINTED NAME AND TITLE
124 !':'Michigan Avenue, 9th Floor City Hall, Lansing, MI 48933

ADDRESS
COMPLETION: Required.
PENALTY: Possible denial of application.
BSL-CG-1153(R10/06)
I, CHRIS SWOPE, CITY CLERK of the City of Lansing, Michigan, do hereby certify that
I have compared the annexed copy of Resolution #58 of 2010, Recognition of Non-profit
Status in the City of Lansing to The Gratitude Group of P.O. Box 21006, which was
Adopted on March 8, 2010 with the original now on file in my office, and that it is a
correct copy thereof, and of the whole of such original.
SEAL
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the corporate seal of the City of
Lansing this 8th Day of March, A.D. 2010
_AP=
CHRIS SWOPE, City Clerk

RESOLUTION #20'i O-058
BY THE COMMITTEE ON GENERAL SERVICES
WHEREAS, The Gratitude Group has requested a resolution of recognition as a Local

Nonprofit Organization operating in the City of Lansing for the purpose of obtaining a
charitable gaming license pursuant to MCL 432.103 (9); and
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit Organization;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,

recognizes the Gratitude Group as a Local Nonprofit Organization operating in the City
of Lansing for the purpose of obtaining a charitable gaming license.
BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy of this

resolution to The Gratitude Group of P.O. Box 21006 Lansing, Michigan 48909.
rj./r e
Sunday, may 1, 2®11 JunCTafy, May I, 2®
2PM until 6PM at the St. Lawrence Hospit 2PM until 6PM at the St. Lawrence Hospit
Clark Conference Center - 1210 W. Saginaw Scree Clark Conference Center - 1210 W. Saginaw'Street
Ticket Price -
$10.00
0i-4 1,000 tickets printed and sold
License# R10844 License# R10844

Al] proceeds benefit the Gratitude Gr All proceeds benefit the Gratitude Gr
$5 . 00
prize for winning tic
5,00
prize for winning tic
odds of winning are odds of winning are
May revert to 50/50 if a May revert to 50/50 if a
Need not be pr Need not be pr
Name: Name:
Address: Address:
City: City:
State: State:
Phone: Phone:
Email: Email:
Seller: Seller:
Number Attending Number Attending

Will not be Attending Will not be Attending
-rr - ^J5 af/ () (5) P
---'
jgnday, May 1, 2®11 ay, Alay I, 2@1I

&t
2PM until 6PM at the St. Lawrence Hospit 2PM until 6PM at the St. Lawrence Hosp
Clark Conference Center - 1210 W. Saginaw 6' ''>tre'et Clark Conference Center - 1210 W. Saginaw
Ticket Price -
$50.00
Only 250 tickets printed and sold
License# RI0844 License# R10844

All proceeds benefit the Gratitude Gr All proceeds benefit the Gratitude Gr
$6,2
prize for winning ti
$6,2,5
prize for winning tie
odds of winning are odds of winning are
May revert to 50/50 if a May revert to 50/50 if a
Need not be pr Need not be pr
Name: Name:
Address: Address:
City: City:
State: State:
Phone: Phone:
Email: Email:
Seller: Seller:

Lansing (MI) City Council Info Packet For April 11 Meeting

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Lansing (MI) City Council Info Packet For April 11 Meeting

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REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN

AGENDA FOR APRIL 11, 2011

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

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of March 28, 2011

1. Tribute; In recognition of Child Abuse Prevention Month

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

XI. SHOW CAUSE HEARINGS

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

1. In consideration of an Ordinance of the City of Lansing to Amend

A. REFERRAL OF PUBLIC HEARINGS

1. BY COUNCIL MEMBER DERRICK QUINNEY

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

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

a. Letters from the City Clerk:

a. Letter from the State of Michigan, Department of Natural Resources

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

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

CHRIS SWOPE, CITY CLERK

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND

3 CHAPTER 876, . SECTION 5, OF THE LANSING CODIFIED ORDINANCES BY

4 AMENDING THE LIST OF ESTABLISHMENTS RECOGNIZED BY THE CITY AS BEING

5 IN OPERATION PRIOR TO THE EFFECTIVE DATE OF CHAPTER 876.

6 THE CITY OF LANSING ORDAINS:

8 Lansing, Michigan, be and is hereby amended to read as follows:

876.05. Medical Marihuana establishments in operation

14 (a) "Alternative Choicc Clinic" located at 2310 East Michigan Avenue;

18 (d) "Relief Choices" (Formerly "Clinical Relief') located at

20 (c) "Cloud 9" locatcd at 3113 South Ccdar Street;

21 {f) "Compassionate Apothecary Of Lansing" located at 2201 East Michigan

1 ()"Grand River Alternative Medicine" located at 711 East Grand River

4 (i) "Helping Hands" to ated at 1100 South Cedar Street;

9 (1) "The Kushion " located at 605 East Michigan Avenue;

10 (m) - i uchigan Caregivers" located at 718 West Saginaw Street;

11 k; •;; . g" located at 1821 East Michigan .Avenue;

12 (a) "Turtle's" located at 2121 East Michigan Avenue;

14 (q) "Your H th Choice LLC" located at 628 East Michigan Avenue;

17 (t) "Cannabis Relief Services" located at 3109 South Cedar Street;

19 (v) "L.B. Mary Jane" located at 3711 West Jolly Road;

1 (y) "Pretendicia" located at 2011 North East Street;

2 (z) "Star Buds" located at 2012 North Larch Street;

3 (aa) "Best Buds" located at 1105 South Washington Avenue;

8 (cc) "Critical Concepts" located at 6020 South Pennsylvania Avenue, Suite 8;

9 nt Group, LLC" located at 4921 Contec Drive;

10 (gg) "The Hidden Leaf located at 913 East Saginaw Street;

13 (jj) "Liberty Clinic" located at 3310 Bardavillc Drive, Suite 1B;

14 (kk) "Casa Dc Verde" located at 3509 North East Street

17 (mm) "Bicameral Breakdown Ltd." Located at 1305 South Ccdar Street;

18 (nn) "THC Bakery & Cafe" located at 909 Sparrow Avcnuc;

19 {ee^ez's-Delight" located at 1111 Chadburne Drive;

20 (pp) "G & S Concepts" located at 117 East Kalamazoo Street;

21 (qq) "Green Cross, LLC" located at 2021 East Michigan Avenue;

22 (rr) "Green Cross, LLC" located at 1221 Turner Street;

2 (tt) "Buono's MMC" located at 1419 Turner Street;