HomeMy WebLinkAbout2011 09 02 Draft PUBLIC MEMORIALS Ord 1034 D#1.2 09.20.11 DRAFT#1.2
SEPTEMBER 20, 2011
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND
3 CHAPTER 1034 OF THE LANSING CODIFIED ORDINANCES BY PROVIDING FOR
4 PROPOSED PUBLIC MEMORIALS TO BE REVIEWED BY APPROPRIATE CITIZEN
5 BOARDS.
6 THE CITY OF LANSING ORDAINS:
7 Section 1. That Chapter 1034 of the Codified Ordinances of the City of Lansing,
8 Michigan be and is hereby amended to read as follows:
9 CHAPTER 1034. —NAMING MING AND n EST n N41N _ OF PUBLIC MEMORIALS
10 1034.01. Pufpose.
11
12 ,
13 and street . 4s. The Memefial Review Board shall sevve as a f4eilitatef and shall
14 , diseussions
15publie's sense of plaee, history and identity with speeial feeognition
17 1034.02. Definitions. 1034.01. - DEFINITIONS
18 As used in this chapter:
19 A. hoeal street means a Lansing stfeet right of way designated as a leeal stfeet in the Publie
20 "
21 Street Designation."
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1 B. Maj of street means a Lansing stfeet right of way designated as a major- stfeet in the Publie
2
3 Street Designation."
4 "HONORARY NAME"MEANS A NAME GIVEN TO A PUBLIC STREET IN ADDITION
5 TO ITS EXISTING NAME WITHOUT CHANGING ITS EXISTING NAME.
6 C—. "Public memorial"means a PUBLIC STREET OTHER THAN A STREET INCLUDED ON
7 A PLAT UNDER REVIEW BY THE PLANNING COMMISSION PURSUANT TO
8 CHAPTER 1234, A public building, A PUBLIC park, A PUBLIC garden, A PUBLIC sculpture,
9 A PUBLIC bridges or ANY other public structure or PUBLIC area, named OR
10 RENAMED and dedieated in RECOGNITION haver- and of aN INDIVIDUAL person,
11 organization, events or other entity.
12 ,
15 , whieh is formed in
16 aeeeManee with h the Chaftet!, Afciele 5,, Chapt
17 .
18 (a) The Memefial Review BoaM shall eensist of eight nienibefs who afe appointed by the
19 Mayor-with the adviee and eonsent of Couneil. Four-members shall be appointed ffom the City
20 at lafge and one membef shall be appointed ffem each of the fetif wafds. Eligibility shall be in
21 aeeer-danee with these qualifieations for-holding offiee set f6fth in Seetion 5 103 of the City
22 Ghafter-.
2
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1 (b) Appointments to the Memorial Review Boa-r-d repr-esenting eaeh wa-r-d f6r-the first tei:m shall
2 , there shall be few: year tei=Fns, eo . -
3 Rtly 1. Tetqms for the a4 !a-r-ge members shall be stagget:ed so tha4 at least one shall expire eae.h.
4 year, The Chairperson shall be eleeted atiptually by a major-ityvote of the member-ship of th-e
5 Memorial Review Boaf-d-.
7 The Memofial Review Board shall be infenned of,� and review and advise upon, ma4t
8 .
9 1034.06. Meetings of the Memorial Review Beafd-.
10 , wiless it has tie
11 agenda items, and shall eensider-appliea4ions for a publie memofial on the agenda of the next
12 ,
13 publie memorial or a street as a memorial has been filed with the Gity Gler-k and forwafded to t
14 Memorial Review Boaf-a
15 (b) The business eondtieted by the Memor-ial Review Boafd shall be open to the publie and he!
16 in eemplianee with Aet 267 of the Publie Aets of 1976, as amended, being N4CL 15.261 to
17 15.275. Publie notiee of the time, da4e and-plaee of stieli meetings shall be given in the manne
18 ivqttired by the net
20 The Memorial Review Board members shall fiet f:eeeive eompefisation faf:their-sef-viee on the
21
22 Memorial Review Boa-r-d and its members may be paid ppropria4ion tid approval
23 the Gity Gotineil.
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1 103 4.08. -treed,,,, finf ,-,,,.,tion.
2 The Memefial Review Boafd shall be subject to the Freedom of inifer-mation Act, Act 442 of the
3 .
4 1034.02. --PUBLIC HEARING NOTICES
5 Ca) PRIOR TO ANY PUBLIC HEARING ON AN APPLICATION TO ESTABLISH A
6 PUBLIC MEMORIAL, THE CITY CLERK SHALL PUBLISH NOTICE OF THE DATE,
7 TIME, AND LOCATION OF THE PUBLIC HEARING AND A DESCRIPTION OF THE
8 PROPOSED PUBLIC MEMORIAL.
9 (W IF A PROPOSED PUBLIC MEMORIAL IS A STREET, PRIOR TO CITY COUNCIL'S
10 FIRST PUBLIC HEARING ON THE APPLICATION, THE CITY CLERK SHALL ALSO
11 MAIL, TO THE OWNERS OF RECORD OF PROPERTIES WITH MAILING ADDRESSES
12 ON THE SUBJECT STREET AND ON STREET CORNERS INTERSECTED BY THE
13 SUBJECT STREET,NOTICE OF THE DATE, TIME, AND LOCATION OF THE PUBLIC
14 HEARING; A DESCRIPTION OF THE PROPOSED PUBLIC MEMORIAL; AND A
15 RESPONSE FORM, WITH RETURN POSTAGE PAID, ON WHICH THE RECIPIENT CAN
16 INDICATE SUPPORT FOR OR OPPOSITION TO THE PROPOSED PUBLIC MEMORIAL.
17 1034.09. PTeee —1034.03
18 (a) Anyei+e PERSON prepesifig SEEKING TO ESTABLISH the H^fniH^ g a a
19 public memorial ^r street as a memorial- shall file an application with the City Clerk, along wit
20 the estimated eest of mailing notiee for-naming — te—a—ing stfeets. The apphea4ion shall
21 containING the following in€efmatio :
22 (1) The proposed name and ITS the basis aad significance TO THE CITY of*o e;
4
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1 (2) A DESCRIPTION OF THE PROPOSED PUBLIC MEMORIAL, INCLUDING ANY
2 EXISTING NAME BY WHICH IT IS COMMONLY KNOWN The object, site, or stfeet that is
3 the subjeet of the riieatiefl-I
5 (4) ta The ANTICIPATED effectiINCLUDING ANTICIPATED SUPPORT OR
6 OPPOSITION, of the proposed PUBLIC MEMORIAL name ehango „on residents and
7 businesses IN THE CITY, ;feppl; -able;
8 (5)(4)The pfojeeted AN ESTIMATE OF THE cost to ESTABLISH ifflplefflen4 the PROPOSED
9 PUBLIC MEMORIAL appl eat n proposal, if approved; and
10 ( )-Anticipated supper-t of opposition to apPneation proposah (5) PAYMENT OF THE
11 ESTIMATED COST OF ANY MAILINGS REQUIRED BY SECTION 1034.02(b) .
12 (b) The City Clerk shall,upon receipt OF A COMPLETED APPLICATION, forward the
13 application to the CITIZEN>`aefne,-ia Review-Board WITH JURISDICTION OVER THE
14 PROPOSED PUBLIC MEMORIAL.
15 (e) The ofiginal naming of streets in a new s4division is not subjeet to the r-equir-ements of this
16 "Design
17 StandaMs"
18 (d) sAlhen the ., plieation is f...t.afde,l t the Memorial Review B a LcLWITHIN 90 DAYS
19 OF THE CITY CLERK SENDING AN APPLICATION TO A the CITIZEN Board�THE
20 CITIZEN BOARD MAY "fall, within 90 days of feee R the application, make a written
21 report and recommendation to Council to approve, approve with modification, or deny the
22 application proposal. THE CITIZEN BOARD'S RECOMMENDATION SHALL BE AIMED
23 AT ACHIEVING AN APPROPRIATE BALANCE BETWEEN THE PUBLIC'S SENSE OF
5
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1 PLACE, HISTORY, AND IDENTITY WITH WORTHY RECOGNITION OF INDIVIDUALS,
2 ORGANIZATIONS, EVENTS, OR OTHER ENTITIES MAKING MEANINGFUL
3 CONTRIBUTIONS TO THE CITY.
4 (e) The Memerial Review Beard shall notify the applieapA of any initial seheduled meeting to
5 review the applieation. At sueh meeting,
6 pr-oeeed to review the pplieatio,,. PRIOR TO MAKING ITS WRITTEN REPORT AND
7 RECOMMENDATION:
8 (D THE CITIZEN BOARD SHALL HOLD AT LEAST ONE PUBLIC HEARING ON THE
9 PROPOSED PUBLIC MEMORIAL;
10 0) (Q The CITIZEN"Teri'^-ia Revie T'Board may ro e the pliea t to pfovide e.h
11 REQUEST THAT THE APPLICANT PROVIDE additional information as IT DEEMS }s
12 detef,, ine 4 �o necessary for-the Memefial Review Board t make an iflfefmedro 014 an
13 .
14 Failtife of the applicant to timely pfevide the inf6fination shall not felieve- the Memofial Review
15 Board of its obligation to fna-ke a r-epeA and r-eeommendation to City Getineil within 90 days 0
16 its ro o rt of the appheati-on.
17 (2) The Memer-ial Review Board shall make a detei!mination of the aeetRuey of the inifor-inatio
18
19 the City couneil.
20
21 , subjeet to appi!oval as to form b
22 the City Attofney. At a ininimidin,
23
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1 , date and loeation of any stibsequently sehedu
2 publie heafings or meetings of the Memofial Review Board at whieh the proposed naming 0
3 is to be discussed.
4 (4) U IF THE CITIZEN BOARD WITH JURISDICTION OVER A PROPOSED PUBLIC
5 MEMORIAL HAS NOT MADE A WRITTEN REPORT AND RECOMMENDATION TO
6 CITY COUNCIL 90 DAYS AFTER THE APPLICATION WAS SENT TO IT BY THE CITY
7 CLERK, The City Clerk shall NOTIFY THE APPLICANT THAT NO ACTION WAS TAKEN
8 ON HIS OR HER APPLICATION. r—w ra an heat o to the City r,,,,,, ;i for-aeti,,, , riess
9 the Memorial Review Board has forwarded a report and feeammendation after-90 days of filing.
10 (f) WITHIN 60 DAYS OF TT,.o ,-eee p RECEIVING A the CITIZEN BOARD'S
11 WRITTEN report and recommendation of the Mo,...,er-i ' Review B afd of an application f w,
12 the City Glefk, the City Council shall schedule, within 60 days, a public hearing on the
13 PROPOSED PUBLIC MEMORIAL appliea4ion proposal. At least 20 days r to the publie
14 hearing,
15 f6fm by the City Attefney, shall be published by the City Clefk, '
16
17 addition to the newspaper fietiee, the Planning and Neigmer-hood Development Depar-tment sha
18 eause to be mailed to the owners of fecor-d of pr-opet4ies with mailing addresses an the subjeet
19 , notifieation of the
20 proposal and the date,plaee and time of the p4lie hearing, in a fefm aeeeptable to the Memo
21 Review Board and approved by the City n tt,,,., ey
22 (g) City Council MAY shall, within 90 days of its receipt of a CITIZEN Memor-ial v o..:o.�.
23 Board'S WRITTEN report and recommendations or-an applieation fFom the City Clefk, approve
7
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1 , as paA of its
2 , r-efer-the r-epoft and r-eeommendation or-the applieation to one or-more
3
standing eommittees as it may dete pr-iate. City Gotineil aetion shall be by appropriate-
4 ordinance of es lutio ACCEPT, REJECT, OR MODIFY THE RECOMMENDATION OF
5 THE CITIZEN BOARD, INCLUDING ADOPTION OF AN HONORARY NAME,
6 ESPECIALLY IN CASES WHERE LESS THAN 50% OF THE RESPONSE FORMS
7 RETURNED PURSUANT TO 1034.02(b) SUPPORT THE PROPOSED PUBLIC
8 MEMORIAL. IF CITY COUNCIL HAS NOT TAKEN ACTION ON AN APPLICATION
9 WITHIN 90 DAYS OF RECEIVING THE WRITTEN REPORT AND RECOMMENDATION
10 OF THE CITIZEN BOARD WITH JURISDICTION OVER THE PROPOSED PUBLIC
11 MEMORIAL, THE CITY CLERK NOTIFY THE APPLICANT THAT NO ACTION WAS
12 TAKEN ON HIS OR HER APPLICATION.
13 (h) The aetual natnin-9 g shall be effeefive not later-than 90 days aftef the pfoposal has
14 been adopted by City Coidneil.
15 Section 2. All ordinances, resolutions or rules,parts of ordinances, resolutions or rules
16 inconsistent with the provisions hereof are hereby repealed.
17 Section 3. Should any section, clause or phrase of this ordinance be declared to be
18 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof
19 other than the part so declared to be invalid.
20 Section 4. This ordinance shall take effect on the 30th day after enactment,unless given
21 immediate effect by City Council.
22
23 Approved as to form:
24
25
26 City Attorney
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2 Dated:
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