HomeMy WebLinkAbout2010 01 26 memorial review ordinance. Ord 1147 ORDINANCE #1147
AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND CHAPTER
1034 OF THE LANSING CODIFIED ORDINANCES BY ALLOWING APPLICATIONS
FOR THE RE-NAMING OF STREETS TO BE REVIEWED BY CITY COUNCIL.
THE CITY OF LANSING ORDAINS:
Section 1. That Chapter 1034 of the Codified Ordinances of the City of Lansing,
Michigan, be and is hereby amended to read as follows:
CHAPTER 1034. NAMING AND RENAMING OF PUBLIC MEMORIALS*
1034.01. Purpose.
The purpose of this chapter is to provide a citizen board called the Memorial Review
Board, to receive, review and make recommendations on proposals to name and
rename public memorials and streets as memorials. The Memorial Review Board shall
serve as a facilitator and shall encourage dialogue on such proposals; hold public
hearings; conduct focus groups, discussions and surveys; and balance the public's
sense of place, history and identity with special recognition for a particular community,
leader or history.
1034.02. Definitions.
As used in this chapter:
A. "Local street" means a Lansing street right-of-way designated as a local street in
the Public Service Department on "the Michigan Department of Transportation Certified
Major and Local Street Designation."
B. "Major street" means a Lansing street right-of-way designated as a major street in
the Public Service Department on "the Michigan Department of Transportation Certified
Major and Local Street Designation."
C. "Public memorial" means a public building, park, garden, sculpture, bridge or other
public structure or area, that is named and dedicated in honor and memory of a person,
organization, event or other entity.
D. "Street as a memorial" means a street that is named to honor and memorialize a
person, organization, event or other entity.
1034.03. Establishment of Memorial Review Board.
There is hereby established a citizens Memorial Review Board for the City, which is
formed in accordance with the City Charter, Article 5, Chapter 1.
1034.04. Composition of the Memorial Review Board; terms of office; vacancies.
LANSING CITY COUNCIL LEGISLATIVE ITEMS: DECEMBER 8,2009 RESOLUTIONS
(a) The Memorial Review Board shall consist of eight members who are appointed by
the Mayor with the advice and consent of Council. Four members shall be appointed
from the City-at-large and one member shall be appointed from each of the four wards.
Eligibility shall be in accordance with those qualifications for holding office set forth in
Section 5-103 of the City Charter.
(b) Appointments to the Memorial Review Board representing each ward for the first
term shall be for one, two and three-year terms. Thereafter, there shall be four-year
terms, commencing July 1. Terms for the at-large members shall be staggered so that
at least one shall expire each year. The Chairperson shall be elected annually by a
majority vote of the membership of the Memorial Review Board.
1034.05. Powers and duties of the Memorial Review Board.
The Memorial Review Board shall be informed of, and review and advise upon, all
matters pertaining to the naming or renaming of a public memorial, or a street as a
memorial.
1034.06. Meetings of the Memorial Review Board.
(a) The Memorial Review Board shall hold regular meetings once a month, unless it
has no agenda items, and shall consider applications for a public memorial on the
agenda of the next regular meeting of the Memorial Review Board, when an application
for naming or renaming a public memorial or a street as a memorial has been filed with
the City Clerk AND FORWARDED TO THE MEMORIAL REVIEW BOARD.
(b) The business conducted by the Memorial Review Board shall be open to the public
and held in compliance with Act 267 of the Public Acts of 1976, as amended, being
MCL 15.261 to 15.275. Public notice of the time, date and place of such meetings shall
be given in the manner required by the act.
1034.07. Compensation of the Memorial Review Board members.
The Memorial Review Board members shall not receive compensation for their service
on the Memorial Review Board. Any actual reasonable and necessary expenses
incurred by the Memorial Review Board and its members may be paid upon prior
appropriation and approval by the City Council.
1034.08. Freedom of information.
The Memorial Review Board shall be subject to the Freedom of Information Act, Act 442
of the Public Acts of 1976, being M.C.L.A. 15.231 to 15.246.
1034.09. Procedures.
LANSING CITY COUNCIL LEGISLATIVE ITEMS: DECEMBER 8,2009 RESOLUTIONS
(a) Anyone proposing the naming or renaming of a public memorial or street as a
memorial shall file an application with the City Clerk, ALONG WITH THE ESTIMATED
COST OF MAILING NOTICE FOR NAMING OR RENAMING STREETS. The
application shall contain the following information:
(1) The proposed name and the basis and significance of the name;
(2) The object, site, or street that is the subject of the application;
(3) The current name of the object, site or street, if applicable;
(4) The effect of the proposed name change upon residents and businesses, if
applicable;
(5) The projected cost to implement the application proposal, if approved; and
(6) Anticipated support or opposition to the application proposal.
�7\ \VHF—=TI-ICR�APPLICATION SHOULD RC SUBMITTED RV TI-IC CITY CLERK
DIRECTLY TO (CITY_COUNCIL OR TO THE MEMORIAL REVIEW ROARD FOR
FURTHER REVIEW AND REGOMMENDATIONS
(b) The City Clerk shall, UPON RECEIPT, forward the application to the Memorial
Review Board. OR TO CITY COUNCIL, BASED UPON THE DESIGNATION MADE IN
T-HE APPLICATION PURSUANT TO SUBSECTION /a\(7)upen reGe irpt.
(G) if appli atio�o na
me a er rename a street as a memorial, t�in additien ethe
requirements on subseGtion (a) of this the appliGant shall also file a petition with
e
the City Clerk within sixty (60) days of the filing of the of the application
/1�he petition, no h�aalid must support appliGation preposallaannd Gentai n the
fellewing minimurn number of signatures: Of the street is- -A St.reet, the petition must
the date of the last general e and Of the street is a street,or
be signed by net less than three perGent the petition mus
) ef the registered voters of LA--"--
the date of the last general eleotion
(2) Within 14 Clads of the filing of the petition, the City Clerk verifythe etit
ieri
signatures and submit a written report to the Memorial Review Board -aS tn- the
S iffinienGy of the petition pursuant cant to the requirements of this si bsention (G)
time,(3) if the appliGant fails to file a petition within the required
Gontaining not le
than the ' ' - imber of Signatures, the appliGation shall be deemed invalid and the
Memorial Review Beard shall report this font to the City not innil
memorial,(d) if the appliGation. proposes to narne or rename a street as a
the appliGaRt
shall h�ssponsible fern and her the GGst Of, printing and delivering door to door to
e
shall be delivered to all businesses and resodenGeS with a mailing address en the
subjeGt street and to all businesses and resideRGes en the immediate GOrners of street-s
irFveEted by the si bjent street
(1) The appliGant shall make a reasonable effort to inGlude OR the written netiGe the-
information deSGrihed in paragraph (2) of su bsention /g\
(2) The netiGe shall also as prepared by the Mernerial Revie
LANSING CITY COUNCIL LEGISLATIVE ITEMS: DECEMBER 8,2009 RESOLUTIONS
Board and approved as to form by the City attorney, deSGribing-Lhe Ciity's PrOGess for
naming and renaming a street as a memorial
statement,(3) The appliGant shall request that an GGGYpant of eaGh residenGe or business sign-a.
statement,On a form aGGeptable to the Memorial Review Board and approved by the
e!eGts not to sign the
address of the the date and time n0tifiGatien was
and indiGate
0 attempted,
whether the OGGLIpant was Rot available or eleGted not to sign. A signature on the
petition submitted i annli nt shall he Gensidered fulfillment of s
p�l�rvr�a�rrrrcte���r—�h{1-c�pprrC-�rn�nurr��, v�r�ucTrrc-rn—vr �h-I�
attempted n0tifiGatien shall be delivered to the Gity Glerk and fopwarded to the Mernerial
Review Board within sixty !Joys of the filing of the annlination
(ey (c) The original naming of streets in a new subdivision is not subject to the
requirements of this Chapter 1034 and is governed by Chapter 1234, "Platting
Procedure", and Chapter 1236, "Design Standards."
(#) (d) IF- WHEN THE APPLICATION IS FORWARDED TO THE MEMORIAL REVIEW
BOARD, THE BOARD SHALL, wWithin ninety (90) days of receiving the application, the.
Memorial Review Board shall make a written report and recommendation to Council to
approve, approve with modification, or deny the application proposal.
0) LeJhe Memorial Review Board shall notify the applicant of the---ANY initial
scheduled meeting to review the application. At such meeting, the Memorial Review
Board shall determine how to proceed to review the application.
(1) The Memorial Review Board may require the applicant to provide such additional
information as is determined to be necessary for the Memorial Review Board to make
an informed report and recommendation and that can reasonably be produced by the
applicant in a timely manner. Failure of the applicant to timely provide the information
shall not relieve the Memorial Review Board of its obligation to make a report and
recommendation to CITY Council within ninety (90) days of its receipt of the
application.
(2) The Memorial Review Board shall make a determination of the accuracy of the
information presented in the application and include such determination in its report and
recommendation to the City Council.
(3) The Memorial Review Board shall determine appropriate language to be included
in public notices and notifications to affected parties under this chapter, subject to
approval as to form by the City Attorney. At a minimum, the notices and notifications
shall include the identification of the public memorial or street as a memorial to be
named or renamed and the cost of such naming or renaming to the City, together with
the time, date and location of any subsequently scheduled public hearings or meetings
of the Memorial Review Board at which the proposed naming or renaming is to be
discussed.
(4) THE CITY CLERK SHALL FORWARD AN APPLICATION TO THE CITY COUNCIL
LANSING CITY COUNCIL LEGISLATIVE ITEMS: DECEMBER 8,2009 RESOLUTIONS
FOR ACTION UNLESS THE MEMORIAL REVIEW BOARD HAS FORWARDED A
REPORT AND RECOMMENDATION AFTER (90) NINETY DAYS OF FILING.
" ) Upon receipt of the report and recommendation of the Memorial Review Board,
OR AN APPLICATION FROM THE CITY CLERK, the City Council shall schedule,
within sixty (60) days, a public hearing on the application proposal. At least thirty (30)
days prior to the public hearing, notification acceptable in content to the Memorial
Review Board and approved as to form by the City Attorney, shall be published by the
City Clerk, in a newspaper of general circulation within the City. If the proposal is to
name or rename a street as a memorial, in addition to the newspaper notice, the
Planning and Neighborhood Development Department shall cause to be mailed to the
owners of record of properties with mailing addresses on the subject street, and on
street CORNERS GOrnersof all streets intersected by the subject street, notification of
the proposal and the date, place and time of the public hearing, in a form acceptable to
the Memorial Review Board and approved by the City Attorney.
0) (G) City Council shall, within ninety (90) days of its receipt of the A Memorial Review
Board report and recommendation OR AN APPLICATION FROM THE CITY CLERK,
APPROVE OR DENY THE NAMING OR RENAMING SOUGHT IN THE
APPLICATION. affir„, 'affirm with medifi fine or rdeRy the Memorial Review Beard's
ro/+nmmendatinn City Council may, as part of its consideration, refer the report and
recommendation OR THE APPLICATION to one or more of its standing committees as
it may determine appropriate. City Council action shall be by appropriate ordinance or
resolution.
q)(H) The actual naming or renaming shall be effective not later than ninety (90) days
after the proposal has been adopted by City Council.
Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or
rules inconsistent with the provisions hereof are hereby repealed.
Section 3. Should any section, clause or phrase of this ordinance be declared to
be invalid, the same shall not affect the validity of the ordinance as a whole, or any part
thereof other than the part so declared to be invalid.
Section 4. This ordinance shall take effect on the 30th day after enactment,
unless given immediate effect by City Council.
LANSING CITY COUNCIL LEGISLATIVE ITEMS: DECEMBER 8,2009 RESOLUTIONS