Lansing (MI) City Counil Info Packet for Nov. 22, 2010 meeting

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    REGULAR MEETING OF THE CITY COUNCILOF THE CITY OF LANSING, MICHIGAN

    CITY COUNCIL CHAMBERS, 10TH FLOORLANSING CITY HALL

    124 W. MICHIGAN AVENUEAGENDA FOR NOVEMBER 22, 2010

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

    The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. onThursday, November 18, 2010, in accordance with Section 3-103(2) of the City Charter andwill be ready for your consideration at the regular meeting of the City Council on Monday,November 22, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.

    I. ROLL CALLII. MEDITATION AND PLEDGE OF ALLEGIANCEIII. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

    Approval of the Printed Council Proceedings of November 8 and 15, 2010

    IV. CONSIDERATION OF LATE ITEMS(Suspension of Council Rule #9 is needed toallow consideration of late items. Late items will be considered as part of the regularportion of the meeting to which they relate.)

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

    VI. SPECIAL CEREMONIESVII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERKVIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

    event 1 minute limit)

    IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERSX. MAYORS COMMENTSXI. SHOW CAUSE HEARINGSXII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the

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

    XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERSA. REFERRAL OF PUBLIC HEARINGSB. CONSENT AGENDA

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    1. BY COUNCIL MEMBER ALYNNE ROBINSON

    a. Tribute; Recognition of Denise Quarles, Zonta Club Governorof District 15, for her service and dedication to Zonta and thecommunity

    2. BY COUNCIL MEMBER CAROL WOOD

    a. Tribute; In recognition of the Polish Falcons of America, Nest652 on their 95th Anniversary

    3. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

    a. Approval of Brownfield Plan #2(c) Amendment DemmerProperties, LLC

    4. BY THE COMMITTEE ON GENERAL SERVICES

    a. Appropriation of Community Funding to Colonial Village

    Neighborhood Association to defray costs associated withreplacing Red Bows on Boston Ave. and RefurbishingRoundabouts in the Colonial Village Neighborhood

    b. Appropriation of Community Funding to Old TownNeighborhood Association for its participation in Old TownsDickens Village event to be held December 4, 2010

    c. Approval of a request from Michigan Brewing Company, Inc.for a new Small Wine Maker License to be held with theircurrent Micro Brewer License located at 402 S. WashingtonSq.

    d. Setting a Public Hearing for January 10, 2011 in considerationof an Application for Naming and Renaming Memorials in theCity of Lansing filed by Roxanna Mann to rename a small pieceof bridge section on Cavanaugh Rd. at the entrance to HawkIsland Park to the Dr. Donald L. Green Memorial Bridge

    5. BY THE COMMITTEE ON WAYS AND MEANS

    a. Transfer of Funds; State/Federal Programs, Domestic AbuseResponse Team (DART) Grant

    b. Transfer of Funds; State/Federal Programs, 2010 Justice

    Assistance Grant

    c. Transfer of Funds; State/Federal Programs, Victims of CrimeAct (VOCA)-Capital Area Response Effort (CARE) 2010-2011

    6. BY THE COMMITTEE OF THE WHOLE

    a. Approval of Transfer of donation of City Property of Live ScanComputer from LPD to LCC

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    C. RESOLUTIONS FOR ACTIOND. REPORTS FROM COUNCIL COMMITTEESE. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

    1. BY COUNCIL MEMBER JEFFRIES, CHAIR OF THE COMMITTEEON DEVELOPMENT AND PLANNING

    a. Introduction of an Ordinance of the City of Lansing to AmendSection 1298.07 of Title Six, Zoning, of Part Twelve, of thePlanning and Zoning Code, being Part 12 of the Lansing Codeof Ordinance to clarify the existing Ordinance language and torequire that applications for new wireless communicationtowers include evidence of a lease or an option to leaseagreement with a telecommunications provider, and setting aPublic Hearing for December 6, 2010

    F. ORDINANCES FOR PASSAGE1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

    a. Adoption of Z-6-2010; 124, 126, 130 & 134 Regent St. and127, 131, 135, 139 & 141 Leslie Street, rezoning the propertieslisted above from B Residential District to DM-1 ResidentialDistrict to combine all of the lots and create a plannedresidential development that would consist of 14 condominiumunits

    XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENTRELATED MATTERS

    XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONSAND PETITIONS; AND OTHER CITY RELATED MATTERS(Motion that all items beconsidered as being read in full and that the proper referrals be made by thePresident)

    1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

    a. Letter from the City Clerk submitting Minutes of Boards andAuthorities placed on file in the City Clerks Office

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    b. Letters from the Mayor re:

    i. Plant Rehabilitation District 01-10; Foresight PropertyInvestment LLC for property located at 2822 N. MLK Jr. Blvd.

    ii. IFT-02-10; Industrial Facilities Tax Exemption Certificate for

    Foresight Property Investment LLC for property located at 2822N. MLK Jr. Blvd

    2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

    a. Claims appeal submitted by Michael Hedderich for property located at1234 Walsh St.

    b. Letter from John Salmons of Palatka, FL requesting changes to theCity of Lansing Employee Retirement Ordinance

    XVI. MOTION OF EXCUSED ABSENCEXVII. REMARKS BY COUNCIL MEMBERSXVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANTXIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government

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

    XX. ADJOURNMENT

    CHRIS SWOPE, CITY CLERK

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

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    BY COUNCILMEMBER A'LYNNE ROBINSONRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

    WHEREAS, Zonta International is a global organization of executives and professionalsworking together to advance the status of women worldwide through service andadvocacy; andWHEREAS, with the generosity and collective action of Zontians and friends around theworld, Zonta International has supported projects in 46 countries, provided scholarshipsand awards to women around the globe, and been a powerful advocate for change inour local and international communities, thereby transforming the world and women'splace in it; andWHEREAS, in 1977, Denise Quarles was one of two women probation officers whowere the first to be assigned a male felon caseload. She forged new ground at themaximum security Marquette Branch Prison as Administrator of the male receptioncenter at the Riverside Correctional Facility in Ionia. She was also a regional prisonadministrator, responsible for the operations and budget of ten prisons in southeastMichigan; andWHEREAS, Denise Quarles serves as Governor of the District 15 Zonta Club ofMichigan Capital Area and is being recognized as their honoree on November 14, 2010 ;andWHEREAS, Denise is an active volunteer serving on the Eve, Inc. Board of Directorsand served as President during the 2009-2010 year;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wishesto recognize Denise Quarles for her pioneering spirit, dedication to improving the qualityof life for women nationally and internationally, and for her contributions to the City ofLansing and its residents. We wish you continued success in all your future endeavors!

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    BY COUNCILMEMBER CAROL WOODRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the Polish Falcons of America is a fraternal benefit society dedicated tophysical fitness, personal development, and the preservation of Polish culture; andWHEREAS, the falcon is a symbol of the independence, strength, courage, andprowess that the group hopes to instill in its members, particularly youth, and it stressesthe Latin term "mens sana in corpore sano" or a sound body in a sound m ind; andWHEREAS, the Polish Falcons of American Nest 652 was organized in 1915 and haveremained in the building on the corner of Mount Hope and Martin Luther King Jr.Boulevard. The original building consisted of a basement kitchen, bar, and dance hall;andWHEREAS, over the years, the building and its membership grew and later when thePolish White Eagles and Polish National Alliance fraternities joined the Falcons, theyestablished the Federated Polish Home with a Board of Directors consisting of threemembers from each of the fraternities;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wish tocongratulate the Polish Falcons of American Nest 652 on their 95 th Anniversary!

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    BY THE DEVELOPMENT AND PLANNING COMMITTEERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGRESOLUTION APPROVINGBROWNFIELD PLAN #2(C) AMENDME NT-FORMER MOTOR. WHEEL PLANT SITE - DEMMER PROPERTIES, LLC

    WHEREAS, the Brownfield Redevelopment Authority (the 'Authority') of the City ofLansing, pursuant to and in accordance with the provisions of the BrownfieldRedevelopment Financing Act, Public Act, Public Act 381 of 1996, as a mended, (the 'A ct')has prepared a Brownfield Plan, submitted to Council and placed on file in the office of CityClerk, LBRA Brownfield Plan #2(c) Amendment - Former Motor Wheel Plant Site -Demmer Properties, LLC (the 'Plan'); andWHEREAS, a public hearing was held by the Lansing City Council and at least 10 daysbefore the public hearing the taxing jurisdictions were provided notice to be fully informedabout the fiscal and economic implications of the proposed Plan and given a reasonableopportunity to express their views and recommend ations regarding the Plan in accordancewith Section 13 (10) and 14(1) of the Act; andWHEREAS, the Lansing City Council, after its public hearing on November 8, 2010reviewed testimony and evidence regarding the P lan, and found that:1. the Project P roperty was historically used for industrial manufacturing,2. the Plan provides for the reimbursement of costs attributable to eligible activities to

    the developer and the A uthority,3. the Project includes, in addition to the eligible activities identified in the Plan, theexpansion of Demmer Corporation's research and development capabilities,4. the Project may result in new private investment of approximately $2,395,000,5. the Plan provides for the capture of property tax increment revenues due to theprivate investment on the site, and devotes them to repaying the Au thority for its=costs associated w ith eligible activities it performs, and to repaying the developer fortheir costs associated with eligible actives they perform, in accordance with the

    Plan,WHEREAS, the Authority Board of Directors, at its meeting of October 1, 2010,unanimously recommen ded approval of the Plan, for this Project;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, after having dulyconsidered the Plan, finds it is in compliance with the provisions of the Act and furtherfinds:

    1. The Plan constitutes a public purpose under the Act;

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    2. The Plan meets all of the requirements for a ABrownfield Plan@ set forth inSection 13 of the Act;3. The proposed method of financing the costs of the eligible activities, asdescribed in the Plan, is feasible and the Authority has the ability to arrangethe financing;4. The costs of the eligible activities proposed in the Plan are reasonab le andnecessary to carry out the purposes of the A ct; and5. The amount of the captured taxable value estimated to result from theadoption of the Plan is reasonable.

    IT IS FINALLY RESOLVED that the Lansing City Council hereby approves the LBRA`Brownfield Plan #2(c) Amendment - Former Motor Wheel Plant Site - DemmerProperties, LLC'.

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    BY THE COMMITTEE ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, Colonial Village Neighborhood Association has requested $350.00 todefray costs associated with the placement of red bows on Boston Avenue andrefusbishing roundabouts; andWHEREAS, the Committee on General Services met on Monday, November 15, 2010and reviewed the request; andWHEREAS, the maximum total amount of Community Promotion Funds to be awardedan organization in one fiscal year is $500.00; andWHEREAS, Colonial Village Neighborhood Association has previously receivedCom munity Funding of $250.00 in this fiscal year;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves an allocation of $250.00 from the Community Promotion Account to ColonialVillage Neighborhood Association to defray costs associated with the placement of redbows on Boston Avenue and refusbishing roundabou ts;BE IT FURTHER RESOLVED that the Mayor and the Finance Department shallprocess this request by charging $250.00 to the Council Community Promotion Account- 101.112101.741289.0;BE IT FINALLY RESOLVED that Colonial Village Neighborhood Associatoin shallsubmit a written analysis of the event, including information regarding the number ofattendees, a detailed account as to contributors, funds received, expended, andresidual funds to the Lansing City Council within 60 days after the event.

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    BY THE COMMITTEE ON G ENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, Old Town Neighborhood Organization has requested $500.00 to defraycosts associated with the Old Town's Dickens Village, Family, Friendly, and FreeCom mun ity Festival to be held on December 4, 2010; andWHEREAS, the Committee on General Services met on Monday, November 15, 2010and reviewed the request; andWHEREAS, the maximum total amount of Community Promotion Funds to be awardedan organization in one fiscal year is $500.00;NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves an allocation of $500.00 from the Community Promotion Account to the OldTown Neighborhood Organization to defray costs associated with the Old Town'sDickens Village, Family, Friendly, and Free Community Festival to be held onDecember 4, 2010;BE IT FURTHER RESOLVED that the Mayor and the Finance Department shallprocess this request by charging $500.00 to the Council Community Promotion Account- 101.112101.741289.0; (BE IT FINALLY RESOLVED that the Old Town Neighborhood Organization shall submita written analysis of the event, including information regarding the number of attendees,a detailed account as to contributors, funds received, expended, and residual funds tothe Lansing City Council within 60 days after the event.

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    BY THE COMMITTEE ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the Licensing and Enforcement Division of the Michigan LiquorControl Commission received a request from Michigan Brewing Company, Inc.for a new Small Wine Maker License to be held with their current Micro BrewerLicense located at 402 S. Wa shington Sq.; andWHEREAS, the Committee on General Services met on Monday, November 15,2010 to review the request w ith affirmative action taken;NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,approves the request from Michigan Brewing Company, Inc. for a new SmallWine Maker License to be held with their current Micro Brewer License located at402 S. Washington Sq.;BE IT FURTHER RESOLVED, the City Clerk is requested to notify the MichiganLiquor Control Commission of the action taken.

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    BY THE COMMITTEE ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the application for Naming and Renaming Memorials in the City ofLansing filed by Roxanna Mann was referred to the Committee on GeneralServices; andWHEREAS, the Committee met on Monday, November 15, 2010 to review therequest to rename a small piece of bridge section at the entrance to Hawk IslandPark to the Dr. Donald L. G reen Mem orial Bridge; andNOW, THEREFORE, BE IT RESOLVED that a Public Hearing be held onMonday, January 10, 2011 at 7:00 p.m. in the City Council Chambers, TenthFloor, City Hall, 124 West Michigan Avenue, Lansing, Michigan, to receive publiccomment on and to consider the request for a memorial to rename a small pieceof "bridge" section at the entrance to Hawk Island Park to the Dr. Donald L.Green M emorial Bridge.

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    DAFTBY THE COMMITTEE ON WAYS & MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGThat the following FY 2011 transfer be approved:

    State/Federal ProgramsDistrict CourtDomestic Abuse Response Team (DART) G rant$ 113,806.00 from County Reimbursement 273.0.527000.17942$ 105,376.00 to DART Wages - Temp Help 273.343201.707000.17942$ 8,430.00 to DART F ringe Benefits 273.343201.715000.17942

    (To provide for a biennial renewable county administered [county prosecutor] federalreimbursement grant to the Lansing 54A District Court for the Domestic AbuseResponse Team. A full-time special probation officer is assigned to a pro-arrestdomestic violence group to address violence against women. The grant project willoperate from October 1, 2010 to Septembe r 30, 2012.)

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    CRAFTBY THE COMMITTEE ON WAYS & MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGThat the following FY 2011 transfers be approved:

    State/Federal ProgramsPoliceJustice Assistance Grant (2010 JA G)$156,836.00 from Federal Revenue 273.0.527001.17663$25,000.00 to M iscellaneous Op erating 273.343251.741000.17663$117,851.00 to Equipment 273.343251.977000.17663$13,985.00 to Ingham Co Evidence Program 273.343251.977101.17663

    (To appropriate US Department of Justice, Bureau of Justice Assistance technologyand equipment resources [per the federal 2010 JAG grant] for Lansing PoliceDepartment programs and for the Ingham County evidence program. The projectcovers the period of October 1, 2009 to Septembe r 30, 2013.)

    AFT

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    DRAFTBY THE COMMITTEE ON WAYS & MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGThat the following FY 2011 transfer be approved:

    State/Federal ProgramsPoliceVOCA-CAR E Crime Victims G rant$125,204.00 from Federal Revenue 273.0.501210.17941$115,564.00 to CARE Wages - Temp Help 273.343201.707000.17941$8,840.00 to CARE Fringe Benefits 273.34320'1.715000.17941$800.00 to CARE Misce llaneous Operat ing 273.343201.741000.17941

    (To provide for an annual renewable state administered federal grant to the LansingPolice Department for the Victims of Crime Act, Capital Area Response Effort [CARE]domestic abuse counseling program. Trained volunteer response teams providecounseling and other assistance to victims in the greater Lansing area. Volunteer timeis valued as soft match for the federal grant. The grant project will operate from O ctober1, 2010 to September 30, 2011.)

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    BY THE COMMITTEE OF THE WHOLERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the Lansing Police Department has recently purchased a new Live ScanComputer, replacing a six year old model (Live Scan Indentix Touchprint Model TP-3800XCH, serial number 4703-0014) that has become obsolete and is no longercapable of meeting the Department's needs or complying with forthcoming stateregulations ("the old computer"); andWHEREAS, the old computer's inability to comply with forthcoming state regulationsrenders it valueless for any purpose other than training; andWHEREAS, Lansing Community College's Mid-Michigan Police Academy has indicatedthat the old computer w ould be an enormous asset to its training division; andWHEREAS, Section 206.13(c) of the Lansing Codified Ordinances provides for disposalof obsolete property in manners not specified by that section upon recommendation bythe Mayor and concurrence by the City Council, provided that the City Councildetermines by resolution that intended use of the obsolete property will serve a publicpurpose; andWHEREAS, the Mayor has recommended that the old computer be donated to LansingCom mun ity College's Mid-Michigan Police Academy for training purposes;NOW, THEREFORE, BE IT RESOLVED that the City Council has determined thatdonation of the old computer will serve a public purpose in that it will be used to trainfuture law enforcement officers;BE IT FURTHER RESOLVED that the Lansing City Council, hereby, approves of thedonation of the old computer in the manner and for the purposes stated herein.

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    INTRODUCTION OF ORDINANCEAMEN D SECT ION 1298.07, TITLE SIX, PART TWELVECouncil Member Jeffries, Chair of the Committee on Development and Planningintroduced:

    An Ordinance of the City of Lansing, Michigan, to Amend Section 1298.07 of Title Six,"Zoning," of Part Twelve, of the Planning and Zoning Code, being Part 12 of theLansing Code of Ordinance to clarify the existing Ordinance language and to requirethat applications for new wireless communication towers include evidence of a leaseor an option to lease agreement with a telecommunications providerThe Ordinance is referred to the Comm ittee on Development and Planning

    RESOLUTION SETTING PUBLIC HEARINGBy Council Mem ber JeffriesRESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be setfor Monday, December 6, 2010 at 7:00 p.m. in the City Council Chambers, 10th FloorLansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan, to Amend Section 1298.07 of Title Six,"Zoning," of Part Twelve, of the Planning and Zoning C ode, being Part 12 of the LansingCode of Ordinance to clarify the existing Ordinance language and to require thatapplications for new wireless communication towers include evidence of a lease or anoption to lease agreement w ith a telecommunications provider.Interested Persons are invited to attend this Public Hearing

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    Wireless Communications Towers - Ordinance AmendmentsPage 1Draft # 3 October 18, 20101 - ORDINANCE NO.2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND SECTION3 1298.07 OF TITLE SIX, "ZONING," OF PART TWELVE, OF THE LANSING CODIFIED4 ORDINANCES TO CLARIFY THE EXISTING ORDINANCE LANGUAGE AND TO5 REQUIRE THAT APPLICATIONS FOR NEW WIRELESS COMMUNICATION TOWERS6 INCLUDE EVIDENCE OF A LEASE OR AN OPTION TO LEASE AGREEMENT WITH A7 TELECOMMUNICATIONS PROVIDER.8 THE CITY OF LANSING ORDA INS:9 Section 1. That Chapter 12, Section 1298.07of the Codified Ordinances of the City of

    10 Lansing, Michigan be and is hereby amended as follows:11 1298.07. Special land use permits.1213 (a) General. The following provisions shall govern the issuance of special14 land use permits for towers or antennas by the Co uncil following review15 and recommendation by the Planning Board:16 (1) If the tower or antenna is not a permitted use under Section17 1298.05 of this chapter, then a spec ial land use permit shall be18 required for the construction of a tower or the p lacement of an19 antenna in all zoning districts.20 (2) Applications for special land use pennits under this section shall be21 subject to the procedures and requirements of Cha pter 1282,22 Special Land Use Pen nits, of the Zoning C ode, except as mod ified23 in this section.

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    Wireless Communications Towers - Ordinance AmendmentsPage 2Draft # 3 October 18, 2010(3) In granting a special land use permit, the Council may impose

    2 conditions to the extent the co uncil concludes such cond itions are3 necessary to minimize any adv erse effect of the proposed tower on4 adjoining properties. In addition to any o ther conditions, council5 may require an applicant to post with the city clerk cash, a ce rtified6 check, an irrevocable letter of credit issued by a bank , or a surety7 bond in an am ount sufficient to pay for the remo val of the tower in8 case the tower is abandoned as set forth in Section 1298.09. The9 surety bond shall be open ended and shall be executed by the

    10 applicant and a United States based corporate surety authorized to11 do business in this state as a surety. Any surety bond or irrevocable12 letter of credit shall be in a form approved by the City Attorney,13 and shall be made payable to the City. In the event that an14 abandoned tower is removed at the applicant's expense, the bond,15 instrument of credit, cash depo sit or certified check shall be16 released to the applicant.17 (4) Any information of an eng ineering nature that the applicant18 submits, whether civil, mechanical, or electrical, shall be certified19 by a licensed professional engineer.20 (5) An app licant for a special land use permit shall submit the21 information described in this section, the information described in22 fSection}-1298.04, and, in addition to any other fee required by23 law, a refundable fee as established by resolution of the Council to

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    23456

    910

    1213

    14-1 51617181920212223

    Wireless Communications Towers - Ordinance AmendmentsPage 3Draft # 3 October 18, 2010

    reimburse the City for the co sts and expenses incurred in reviewingthe application. No application for a special land use permit shallbe considered by the Planning Bo ard until all conditions requiredin the resolution of council shall have been m et.

    (b) Towers.(1) Information required. In addition to any information required for

    applications for special land use permits pursuant to Chapter 1282,Special Land Use Permits, of the ZONING Code, applicants for aspecial land use permit for a tower shall submit the followinginformation with the application or, with respect to OTHERinformation deemed by the zoning administrator to be necessary toassess compliance with this CHAPTER ordinancechapter]pursuant to subsection (i), as soon as reasonably practicable as

    determined by the zoning administrator:(i) A scaled site plan clearly indicating the location, type and

    height of the proposed tower, on-site land uses and zoning,adjacent land uses and zoning (including when a djacent toother m unicipalities), comprehensive plan classification ofthe site and all properties within the applicable separationdistances set forth in subsection 1298.07(b)(5), adjacentroadways, proposed m eans of access, setbacks fromproperty lines, elevation drawings of the proposed tow erand any other structures, topography, parking, and other

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    1234

    6789

    .10111213.

    141516171'81920212223

    Wireless Communications Towers - Ordinance AmendmentsPage 4Draft # 3 October 18, 2010information deemed by the zoning adm inistrator to benecessary to assess compliance w ith this ordinance[chapter].

    (ii) Legal description of the parent tract and leased parcel (ifapplicable).

    (iii) The setback distance between the proposed tower and thenearest residential unit, platted residentially zo nedproperties, and unplatted residentially zoned properties.

    (iv) The separation distance from other tow ers described in theinventory of existing sites submitted pursuant to subsection1298.04(c) shall be shown on an u pdated site plan or map.The applicant shall also identify the type of construction ofthe existing tower(s) and the ow ner/operator of the existing

    tower(s), if known.(v) A landscape plan showing specific landscape m aterials.(vi) Method of fencing, and finished color and, if applicable,

    the method of cam ouflage and illumination.(vii) A description of com pliance with subsections 1298.04(c),

    (d), (e), (f), (g), (k), and (1), 1298 .07(b)(4), 1298.07(b)(5)and all applicable federal, state or local laws.

    (viii) A notarized statement by the ap plicant as to whetherconstruction of the tower will accommodate co llocation ofadditional antennas for future users.

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    Wireless Communications Towers - Ordinance AmendmentsPage 5Draft # 3 October 18, 2010(ix) Rcscrvcd. EVIDENCE AT THE TIME OF

    APPLICATION OF A LEASE OR AN OPTION TOLEASE BY A TELECOMMUNICATIONS PROVIDERWITH THE OWNER OF THE PROPERTY INQUESTION.

    (x ) A description of the suitability of the use of existingtowers, other structures or alternative technology notrequiring the u se of towers or structures to provide theservices to be provided through the use of the proposednew tower, INCLUDING SPECIFICS AS TO WHY SUCHTOWERS, STRUCTURES OR ALTERNATIVETECHNOLOGIES ARE NOT SUITABLE OR FEASIBLEIN LIEU OF A TOWER.

    (xi) A de scription of the feasible location(s) of future towers or15 antennas within the city based upon existing physical,16 engineering, technological or geog raphical limitations in17 the event the proposed tower is erected.18 (2) Factors considered in granting special land use permits for towers.19 In addition to any standards for co nsideration of special land use20 permit applications pursuant to Chap ter 1282, Special Land Use21 Permits, of the Zoning Code, the C ouncil may consider the22 following factors and any other factors allowed by law in23 determining whether to issue a special land use permit, although

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    Wireless Communications Towers - Ordinance AmendmentsPage 6Draft # 3 October 18, 20101 the Council may wa ive or reduce the burden on the applicant of2 one or m ore of these criteria if the Council concludes that the g oals3 of this chapter are better served thereby:4 (i)

    (ii)Height of the proposed tower;Proximity of the tower to residential structures and

    6(iii)

    residential district boundaries;Nature of uses on adjacent and nearby properties;

    8 (iv) Surrounding topography;9 (v) Surrounding tree coverage and foliage;

    10 (vi) . Design of the tow er, with particular reference to design11 characteristics that have the effect of reduc ing or12 eliminating visual obtrusiveness;13 (vii) Proposed ingress and egress; and14 (viii) EVIDENCE AT THE TIME OF APPLICATION OF A15 LEASE OR AN OPTION TO LEASE BY A16 TELECOMMUNICATIONS PROVIDER WITH THE17 OWNER O F THE PROPERTY IN QUESTION, AND18 (IX) Availability of suitable existing towers, other structures, or19 alternative technologies not requiring CONSTRUCTION20 OF A NEW TOWER the towersse of or structures, as21 discussed in subsection 1298.07(b)(3) of this chap ter.22 (3) Availability of suitable existing tow ers, other structures, or23 alternative technology. No n ew tower shall be permitted unless the

    6

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    12.3456789

    10111213

    141516171819202122

    Wireless Communications Towers - Ordinance AmendmentsPage 7Draft # 3 October 18, 2010

    applicant demonstrates to the reasonable satisfaction of the Coun cilthat no existing tower, structure or alternative technology that doesnot require the use of towers or structures can accommo date theapplicant's proposed antenna. An app licant shall submitinformation requested by the council related to the availability ofsuitable existing towers, other structures or alternative technology.Evidence subm itted to demonstrate that no existing tower,structure or alternative technology can accom modate theapplicant's proposed antenna m ay consist of any of the following:(i) No existing towers or structures are located within the

    geographic area wh ich meets the ap plicant's engineeringrequirements.

    (ii) Existing towers or structures are not of sufficient height tomeet the a pplicant's engineering requirements.

    ( iii) Existing towers or structures do not have sufficientstructural strength to supp ort the applicant's proposedantenna and related equipment.

    ( iv) The applicant's proposed antenna would causeelectromagnetic interference with the antenna on theexisting towers or structures, or the antenna on the ex istingtowers or structures would cause interference with theapplicant's proposed antenna.

    7

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    Wireless Communications Towers - Ordinance AmendmentsPage 8Draft # 3 October 18, 2010(v) The fees, costs, or contractual provisions required by the

    owner in order to share an existing tower or structure or toadapt an ex isting tower or structure for sharing areunreasonable. Costs exceeding new tower developmen t arepresumed to be unreasonable.

    (vi) The applicant demonstrates that there are other limitingfactors that render existing towers and structuresunsuitable.

    (vii) The applicant demonstrates that an alternative technologythat does not require the use of towers or structures, such asa cable microcell network using multiple low-poweredtransmitters/receivers attached to a w ireline system, isunsuitable. Costs of alternative technology that exceed newtower or antenna development shall not be presumed to

    15 render the technology unsuitable.16 (4 ) Setbacks. The following setback requirements shall apply to a ll17 towers for which a special land use permit is required; provided,18 however, that the Council may reduce the standard setback19 requirements if the goals of this chapter would be better served20 thereby:

    56

    8

    10111213

    14

    21 (i)2223

    Towers must be set back a distance equal to at least 75percent of the height of the tower from any adjoining lotline.

    8

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    123

    56789

    10111213

    141516

    Wireless Communications Towers - Ordinance AmendmentsPage 9Draft # 3 October 18, 2010 .

    (ii) Guys and acc essory buildings must satisfy the minimumzoning district setback requirements.

    (5) Separation. The following separation requirements shall apply toall towers and antennas for w hich a special land use p ermit isrequired; provided, however, that the Council may reduce thestandard separation requirements if the goals of this chapter wouldbe better served thereby.(i) Separation from off-site uses/designated areas.

    (a) Tower separation shall be measured from the ba seof the tower to the lot line of the off-site uses and/ordesignated areas as specified in Table 1, except asotherwise provided in Table 1.

    (b) Separation requirements for towers shall comply

    with the minimum standards established in Table 1.Table 1:TABLE INSET:

    Off-Site Use/Designated Area Separation Distance

    Single-family or duplex residential units 1 100 feet or 150 percentheight of tower whichever isgreaterVacant single-family or duplex residentiallyzoned land which is either platted or haspreliminary subdivision plan approval whichis not expired

    100 feet or 150 percentheight of tower 2 whicheveris greater

    Vacant unplatted residentially zoned lands3

    100 feet or 100 percentheight of tower whichever is

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    23456789

    10111213141516171819

    'Wireless Communications Towers - Ordinance AmendmentsPage 10Draft # 3 October 18, 2010

    greaterExisting multifamily residential units greaterthan duplex units

    100 feet or 100 percentheight of tower whichever isgreater

    Nonresidentially zoned lands ornonresidential uses None; only setbacks apply

    1 Includes modular homes and m obile homes used for living purposes.2 Separation measured from base of tower to closest building setback line.3 Includes any u nplatted residential use properties without a valid

    preliminary subdivision plan or valid development plan approval and anymulti-family residentially zoned land greater than duplex.

    (ii) Separation distances between towers.(a) Separation distances between towers shall be

    applicable for and measured between the proposedtower and preexisting towers. The sepa rationdistances shall be measured b y drawing orfollowing a straight line between the base of theexisting tower and the proposed base, pursuant to asite plan, of the proposed tower. The separationdistances (listed in linear feet) shall be as shown inTable 2.

    Table 2:TABLE INSET:

    10.

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    12

    456

    89

    10

    111213

    Wireless Communications Towers - Ordinance AmendmentsPage 11Draft # 3 October 18, 2010

    Existing Towers--TypesLattice Guyed Monopole 75 feet inheight or greater Monopole less than75 feet in height

    Lattice 5,000 5,000 1,500 75 0Guyed . 5,000 5,000 1,500 75 0Monopole75 feet inheight orgreater

    1 ,500 1 ,500 1;500 75 0

    Monopoleless than75 feet inheight750 750 750 75 0

    (6) Security fencing. Towers shall be enclosed by security fencing notless than six feet in height and shall also be equ ipped with anappropriate anti-climbing device; provided however, that thecouncil may w aive such requirements, as it deems appropriate.

    (7) Landscaping. The following requirements shall govern thelandscaping surrounding towers for which a special land usepermit is required; provided, however, that the Cou ncil may waivesuch requirements if the goals of this chapter w ould be betterserved thereby.

    (i) Tower facilities shall be landscaped w ith a buffer of plantmaterials that effectively screens the view o f the towercompoun d from property used for residences. The standard

    11

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    Wireless Communications Towers - Ordinance AmendmentsPage 12Draft # 3 October 18, 2010buffer shall consist of a landscaped strip at least four feet

    2 wide outside the perimeter of the compou nd.3 (ii) In locations where the visual impact of the tower would be4 minimal, the landscaping requirement may be redu ced,5 deferred, or waived.6 (iii) Existing mature tree growth and natural land forms on the7 site shall be preserved to the max imum e xtent possible. In8 some cases, such as towers sited on large, wooded lots,9 natural growth around the property perimeter may be a

    10 sufficient buffer; in these cases, landscaping may be11 deferred during the time period that the natural growth12 provides a sufficient buffer.13 Section 2. All ordinances, resolutions or, rules, parts of ordinances, resolutions or rules

    14 inconsistent with the provisions hereof are hereby repealed.15 Section 3. Should any section, clause or phrase of this ordinance be declared to be16 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof17 other than the part so declared to be invalid.18 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given19 immediate effect by City Council.

    12

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    PASSAGE OF OR DINANCEAn Ordinance of the City of Lansing, Michigan, Providing for the Rezoning of a parcel ofreal property located in the City of Lansing, Michigan and for the revision of the districtmaps ado pted by section 1246.02 of the Code of Ordinances.

    Property identified as Z-6-2010; 124, 126, 130 & 134 Regent St. and 127, 131,135, 139 & 141 Leslie StreetIs read a second time by its title. The Ordinance was reported from the Committee onDevelopme nt & Planning and is on the order of immediate passage.By Council Member Jeffries

    COUNCIL MEMBER YEAS NAYSDUNBAR HEWITT HOUGHTON JEFFRIES QUINNEY ROBINSON WOOD YORKO

    ADOPTED FAILED

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    ORDINANCE #AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING. FOR THEREZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OFLANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPSADOPTED BY SE CTION 1246.02 OF THE CODE OF O RDINANCES. -

    The City of Lansing ordains:Section 1. That the district maps adopted by and incorporated as Section 1246.02 ofthe Code of Ordinances of the City of Lansing, Michigan be amended to provide asfollows:

    To change the zoning classification of the property described as follows:Case Number: Z-6-2010Addresses: 124, 126, 130 & 134 Rege nt Street and 127, 131, 135, 139 &141 Leslie StreetParcel Number: PPN:'s 33-01-01-15-429-041, 051, 061, 071 & 081, 33-01-01-15-429-531, 541, 551 & 561Legal Descriptions: South 16.5 Feet of Lot 4 and all of Lots 5, 6, 7, Block 2Hudsons Addition and Lots 7, 8, 9, 10 & 11, Assessor's PlatNo. 16, City of Lansing, Ingham Co., MI, from "B"Residential District to "DM -1" R esidential District.

    Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereofare hereby repealed.Section 3. This ordinance was duly adopted by the Lansing City Council on, 2010, and a copy is available in the office of the Lansing City Clerk, 9thFloor, City Hall, 124 W . Michigan Avenue, Lansing, MI 48933.Section 4. This ordinance shall take effect upon the expiration of seven (7) days fromthe date this notice of adoption is published in a newspap er of general circulation.

    Page 1 of 1 Approval for placement on City Council agenda:

    Brigham Smith DateCity Attorney

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    Chris SwopeLansing City Clerk

    November 18, 2010

    President Robinson and Mem bers of the Lansing City Council10th Floor City HallLansing, MI 48933Dear President Robinson and Council Members:The Minutes from the Meetings of the following Boards and Authorities of the City ofLansing were placed on file in the City Clerk's Office and are a ttached for your informationand review.BOARD NAME DATE OF MEETINGBoard of Police Com missioners Novem ber 9, 2010November 4, 2010October 26, 2010Brownfield Redevelopment Au thority Board November 5, 2010Economic Development Corporation Board November 5, 2010LEPFA Board of Commissioners September 28, 2010If I, or my staff, can provide furthe r assistance or informa tion relative to the filing of theseminutes, please contact us at 483-4131.Sincerely,

    Chris Swope , Lansing City Clerk

    Lansing City Clerk's O fficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695517-483-4131 517-377-0068 FAXwww.lansingmi.gov/clerk [email protected]

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    WEDBOARD OF POLICE COMMISSIONE 'R'SMEETING MINUTES fF,,, fT , r^ ,.,;SPECIAL MEETING OF THURSDAY NOVEMBER'9,1 20c0 L l^

    MEMBERS PRESENT:Commissioner Maria MejoradoCommissioner Linda SimsCommissioner Sandra Kowalk-ThompsonCommissioner Patty FarhatCommissioner Bill RenfrewCommissioner Jan KolpCommissioner Clyde Carnegie

    OTHERS PRESENT:Jim DeLine, SecretaryMichael Mathis, Legal AdvisorMEMBERS OF THE PUBLIC / GUESTS:None

    MEMBERS EXCUSED:Commissioner Bob Noordhoek

    CALL TO ORDER - Commissioner MejoradoAfter having established a quorum, Commissioner Mejorado called the meeting to order at 5:31 p.m.

    PUBLIC COMMENT - Agenda ItemsNone

    ADDITIONS TO THE AGENDANone APPROVAL OF MINUTESThe minutes of the special meeting of November 4 were approved as submitted.

    POSSIBLE INTERVIEW QUESTIONS FOR CHIEF OF POLICECommissioners discussed possible questions which would deal with specific areas of importance andcame to a con sensus on a que stion, or questions, in each area. Jim DeLine will work withCommissioners Kowalk-Thompson and Sims to finalize wording. Commissioner Sims will continue in herrole on the "Tier One" group and will see if the questions held in previous interviews for Lansing Chief ofPolice are available for the Board to review. She also will request that a revised time frame be createdand shared with the Board.

    ADJOURNMENT - Commissioner MejoradoThere being no other agenda items, Commissioner Mejorado adjourned the meeting at 7:15 p.m.

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    L.. 1L`ti L.L991i PM 3: 38BOARD OF POLICE COMMISSIONERSMEETING MINUTES ERSPECIAL MEETING OF THURSDAY NOVEMBER i 4;201 . 0 UL^

    MEMBERS PRESENT:Comm issioner Maria MejoradoComm issioner Linda SimsComm issioner Sandra Kowalk-Thompson MEMBERS OF THE PUBLICIGUESTS:Comm issioner Bob Noordhoek NoneComm issioner Patty FarhatCommissioner Bill RenfrewComm issioner Jan KolpMEMBERS EXCUSED:Comm issioner Clyde Carnegie

    CALL TO ORDER - Commissioner MejoradoAfter having established a quorum, Commissioner Mejorado called the meeting to order at 5:33 p.m.

    PUBLIC COMM ENT - Agenda ItemsNone

    ADDITIONS TO THE AGENDABy conse nsus, discussions of qualifications and interview questions w ere added to the agenda .

    ROUNDTABLE DISCUSSIONCommissioner Sims presented an overview of the recent Tier One meeting and will share tonight'sinformation with them.A. Board's Consultation Role - Following discussion, a motion was made and passed that theattached Addendum A be adopted as the Board's suggested consultation role in the currentselection process for the po sition of Chief of Police.B. Job Description - Commissioner Sims distributed the current position description. A motion wasmade and passed that the Board accept the proposed job description from the HumanResou rces Dep artment with the change of the word, "jail" to the phrase "lock-up facility."C. Qualifications = Packets compiled by Commissioner Sims of suggested qualifications fromindividual Board members were distributed by Commissioner Mejorado. Board memberswere encouraged to use these documents as a basis from which to suggest interviewquestions.D. Interview Questions - Commissioner Sims shared proposed items for consideration of questionsand Board members were requested to suggest interview questions in the each of eightsubject areas. They were asked to send these suggested questions in an e-mail toCom missioner Sims prior to the next Special Meeting.

    ADJOURNMENT - Comm issioner MejoradoThe next Special Meeting was announced for Tuesday, November 9. There being no other agendaitems, Commissioner Mejorado adjourned the meeting at 7:29 p.m.

    OTHERS PRESENT:Jim De Line, Secretary

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    rer a;n .Lary,BOARD OF POLICE COMM ISSId'N8RS 1. 18 PH 3: 39MEETING MINUTES ara,n^TUESDAY, OCTOBER 26, 20',03::1E^{G CI- Y CLERK

    MEMBERS PRESENT:Commissioner Maria MejoradoCommissioner Linda SimsComm issioner Bob NoordhoekCommissioner Patty FarhatComm issioner Clyde CarnegieCommissioner Bill RenfrewCommissioner Jan KolpMEMBERS EXCUSED:Comm issioner Sandra Kowalk-Thompson

    OTHERS PRESENT:,Chief Teresa SzymanskiMichael Mathis, Legal AdvisorBernard Brantley, Commission InvestigatorJim DeLine, S ecretaryMEMBERS OF THE PUBLIC / GUESTS:Jason Wilkes, 3218 Continental Dr

    CALL TO ORDER - Commissioner MejoradoAfter having established a quorum, Commissioner Mejorado called the meeting to order at 5:35 p.m.Commissioner Renfrew led those present in the Pledge of Allegiance.

    PUBLIC COMM ENT - Agenda ItemsJason Wilkes commented that he was in attendance as an observer.

    ADDITIONS TO THE AGENDANone.

    APPRO VAL OF M INUTES - Commissioner MejoradoThe m inutes of September 21 w ere approved as presented and placed on fi le.

    EDUCATION PRESENTATIONThere was no Education Presentation.

    ADMINISTRATIVE REPORT - Chief SzymanskiChief Szymanski announced the passing of retired LPD personnel Danny King and Ken Ruppert. Shealso discussed the passing of Hortense Canady and noted that a police escort will be provided for theservices.The Chief announced a federal recognition given to members of the Special Operations Section for theirwork in the Holiday Express endeavor which resulted in the successful prosecution of several gang anddrug related criminals. She noted Community Services Officers Teresa Mironiuk and Penni Glenn andtheir participation in a recent meeting of the Neighborhood Watch coordinators, and her attendance at theCrimeS toppers breakfast held earlier in the day.

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    Board of Police CommissionersMeeting Minutes of October 26, 2010Page 2The Chief discussed the City of Lansing United Way drive noting that, in its first week, seven out of ninewinners of prizes for participation were awarded to LPD employees. She is proud that our personnel giveto this worthy cause. She expressed her appreciation to Sgt. Dave Emmons and Ofc. Katie Diehl forheading up the LPD United Way donation drive. Commissioner Farhat noted that the Police AthleticLeague co uld be name d as the recipient of donations if designated on the pledge form .Chief Szymanski also recently attended a 10-year anniversary luncheon for Lansing Area Teen Court andexpressed her appreciation to Jim DeLine for his service on the Teen Court advisory board.She announced that soon a transport van will be put into service to aid in the transportation of detaineesfrom the LPD lock-up facility to the Ingham County jail, and she announced a pending $19,000 grantproject focused on technology updates with security measures within the Lansing School District. Shealso announced the completion of a grant project which allows officers to download electronic patrol videodata at City Hall in addition to the facilities on South Cedar and May Streets. This was accomplished byour Electronic Equipment Maintenance Unit, where Jeff Kludy is working solo. His co-worker, WalterDoherty, was injured in a mo torcycle accident and the recuperation is likely to take mon ths.The Chief noted that Sgt. Brian Ellis is currently putting together the annual "30 Hour Training" for officers.This year two new components will be added regarding bullying and customer service. Additionally, sheannounced that officers will now have business cards which can be handed out in an effort to makecitizen contacts more personalized.The LPD Professional Development Committee continues to work toward its February 1 deadline forsubmitting recommendations on employee evaluations and performance development tools. Thecommittee will hear from former Chief Mark Alley and Adam Havey from Emergent BioSolutions on howprofessional developm ent is addressed within their firm.Chief Szymanski announced a new recruitment / retention study being conducted by MSU's Dr. JeremyWilson. She noted that the newly initiated monthly technology meetings are continuing. She alsodiscussed the article in today's Lansing State Journal concerning the county medical director having anincreasing number of autopsies conducted in Flint, where they are conducted at a lower cost. It is hopedthat the local hospitals will offer compe titive pricing.In response to a question from Commissioner Kolp, the Chief noted that the Administration has not yetmade a decision on how many of the current P01 vacancies will be funded. It was mentioned that theannual new hire reception may skip a year.Commissioner Farhat expressed her appreciation to the Chief for the City's participation in theNeighborhood Watch coordinator's meeting. In addition to community policing officers, communityservices officers, and Captains Yankowski and Hall, Bob Johnson, Director of Planning andNeighborhood Development, and code compliance officers were also in attendance.Chief Szymanski excused herself from the meeting at this time in order to attend an event at the Boysand Girls Club of Lansing.

    HUMAN RELATIONS AND COM MUNITY SERVICES LIAISONDr. Joan Jackson Johnson announced the awarding of a new grant in the amount of $389,000 from theDepartment of Justice which will focus on abuse in later life. Key leaders will attend a conference inWashington, D.C. so that they may train Lansing first responders including all police officers andfirefighters to be aw are of abusive situations.She also announced the opening of Lansing's new detoxification center. Already, they are close to theirdaily capacity. She is hopeful that MSU will soon be an active participant given the student population

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    Board of Police CommissionersMeeting Minutes of October 26, 2010Page 3which makes use of the center's services.Dr. Johnson also discussed the inauguration of the first home in the One Church One Family program.The family of nine was very excited to be moving in. She expressed her appreciation to Capt. Hall for thedonation of a portable basketball hoop for the home. More large families are in line for future homes inthe program. One family in need has thirteen members.She noted the success of this year's Project Homeless Connect. Chief Szymanski and the PoliceDepartment, in general, had an important presence. An ongoing "project connect" is being looked at.She also discussed today's threatening wind storm and the City's preparedness to offer assistance tohomeless people, if needed. She assured the Board that the City of Lansing offers assistance and notjust eviction to people living out of tents and boxes. She noted the increasing demand for food at themonthly mobile food pantry event and the increasing need for utility assistance. Some residential billscan be as high as $ 3,000 - 4,000.In response to questions from the Board, Dr. Jackson Johnson discussed how families are referred forthe One Church One Family program and noted that the participating churches offer continuing support tothe family well after they have m oved in to the home .

    FRATERNAL ORDER OF POLICENo representative present.

    UNFINISHED BUSINESS - Commissioner MejoradoJim DeLine passed around information on potential embroidered shirts to be ordered for each of theBoard members. Board members noted their preference and the Chief's office will handle this project asit continues to develop.

    CORR ESPONDENCE - Commissioner MejoradoCommissioner Sims noted how beneficial it is for the Chief to add personal notes to officers when theyreceive unsolicited commendations from members of the public. Correspondence for the month ofSeptember was accepted and placed on file.

    DEPARTMENTAL REPORTSDepartmental reports for the month of September were accepted and placed on file.

    BOARD COMMITTEE REPORTSLiaison Committee - no reportAwards & Incentives Committee - will soon begin its work.Budget Committee - no reportComplaint Committee -- Commissioner Sims expressed her appreciation to Bernard Brantley and to Lt.Daryl Green for pro viding the committee with useful information.Commission Investigator Report - Bernard Brantley had nothing further to report.

    OTHER REPORTSRecruitment Task Force - no report

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    Board of Police CommissionersMeeting Minutes of October 26, 2010Page 4

    Precinct Consolidation Steering Committee - no reportAd Hoc Committee on Board Policies and Rules - Commissioner Noordhoek reported that thecommittee's work is continuing. They are getting closer to making recommendations.

    COMMISSIONER COMMENTSCommissioner Renfrew - announced an Armistice Day event on November 6 beginning with a breakfastat 8:00 a.m. at the Pattengill Middle School.Com missioner Farhat - is excited about this year's Silver Bells in the City float.Commissioner Carnegie - had no additional comments.Commissioner Noordhoek- had no additional comments.Commissioner Sims - expressed her appreciation to those present for their expressions of sympathyupon the passing of her father.Commissioner Kolp - commented on the situation of autopsies being conducted in Flint. She noted thatdetectives are charged for telephone consultation, this is an excessively long drive for families and theprosecutor is not pleased. She is expressing her displeasure with the situation to County CommissionerAndy Schor. Board members suggested that these comments would have been more appropriatelymade while the Chief was present and discussing this matter in her report.Commissioner Mejorado - reported that her recent surgery was successful. She apologized for. herabsence at the last meeting, but was pleased to read in the minutes of Ofc. Windom's activities as acommunity policing officer. She also announced her husband's softball team's gold trophy at atourname nt in Utah and the birth of a new granddaug hter being named in her hono r.

    OTHER BUSINESS I DISCUSSIONCommissioner Sims led a discussion on factors being considered in the search for a permanent Chief ofPolice including a proposed time line from the Human Resources Department. She noted that theadministration had previously requested that she represent the Board in the selection process, but as oftoday is interested in every Board member participating. Per a request from the Board, Michael Mathisdistributed information from the City Charter on the Board's role in the selection process. Essentially, theBoard is directed to consult with the Mayor, who makes the selection. He suggested, that the Boarddiscuss how it wishes to define its consultation role and present that to the Mayor. There are alsoconcerns on the implications of the Open Meetings Act in reference to the Board gathering in its totality,but in a different organizational structure. Commissioner Sims asked Board members to review a draft ofthe job description. She and Commissioner Mejorado will be in touch with them as a date and time isdetermined for a special meeting.

    PUBLIC COMMENTMr. Wilkes expressed his appreciation to Board members for their service to the community. He alsoexpressed a concern that meeting changes are difficult for the public to ascertain and suggested they benoted on the LPD w eb site.

    ADJOURNMENT - Comm issioner MejoradoThere being no other agenda items, Com missioner Mejorado adjourned the m eeting at 7:14 p.m.

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    Lansing Brownfield Redevelopment AuthorityRegular Board of Director' s Meeting Minutesans`ing Economic Development Corporation Conferenber 5 2010

    ce Room

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    first and the developer will be ,paid second for infrastructure costs. An amendedBrownfield resolution will be brought back.to the Board for approval.Sonic Discussion ,. , .Bob Trezise commented that while the Sonic restaurant project did not move forward,the Brow nfield plan allowed us to deniolish the blighted Governor's Inn site withoutusing city funds. He pointed -ou t that there are clauses in the Development Agreem entthat requires LBRA approval before 'any future _development can occur utilizingBrownfield incentives.

    Other .Business'None

    :Public ,Comment .None -AdjournmentChair, Bo Garcia declared the meeting adjourned at 9:10 a.m.Motion: Calvin Jones. moved the B oard to adjourn the m eeting at 9:10 a.m ..Seconded by Jeff Williams.Yeas: Unanimous. Motion carried.

    Minutes by M. Sm ith Robert L. Trezise, Jr., LBVA Director

    Ottawa/Butler Property DI.scusslon :Bob Trezise reported that he 'has been contacted by W olverine Bank notifyingthe Otta*a/Butler property 'has been foreclosed upon. Gene Townsend 'did not notifyus ,about these problems, issues or about the 'foreclosure itself. The Board requestedthat talking points be provided.

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    Lansing Economic Development CorporationRegular Board of Director's Meeting Minutes

    Lansing Economic Development Corporation Conference RoomFriday, November 5, 20107:4'5 'am.

    Memb ers 'Present:Members Absent:Staff Present:

    James Butler, Kim Coleman, Bo Garcia, Calvin Jones,Kelly Rossrnan -McKinney, Greg Ward, Jeff WilliamsMayor Bernero, Brian JeffriesKarl Dorshimer, Andrea Ragan, Marchelle Smith, c. C)

    Guests:.Public "Present:

    Ken Szymusiak, Bob . TreziseNoneDenise Peek, Entrepreneur Institute of :Mid Michigan

    :^. .

    c-':,

    Gomc

    Thomas Williams, Vice Chair, Entrepreneur Institute of Mid-MichigantoCall to ;OrderChair Bo Garcia called the meeting to order a t 7:45 am.Approval of Meeting Minutes from October 1, 2010 Regular Board MeetingMotion:. Calvin Jones moved the Board to approve the mee ting minutes from theOctober 1, 2010 regular Board of Director's meeting and place them on file.Motion seconded by Greg Ward.Yeas: Unanimous. Motion carried.Public CommentDenise Peek, Executive Director of the Entrepreneur Institute of Mid-Michigan and her ViceChair, Thomas Williams . was present to report that their Board of Directors approved$25,000 one week ago to provide for $1,000-$2,000 business loans. Their goal is toincrease loan activity for "jump start". level loans over the next 90 days.Financial Statements September 30, 2010Motion: Kelly Rossman-McKinney moved the Board to receive the September 30, 2010financial statements and place them on file. Motion seconded by JeffWilliams.Yeas: Unanimous. Motion carried.Final LEDC Restructuring PlanBob Trezise presented changes to the organizational chart based on recommendations madeby the Board last month. Question ensued regarding the separation of EB-5 and the LEDCand its governance. Staff will verify with Foster, Swift, Collins and Smith and report back atthe next board meeting. Ray Dew inkel will be added to the EB-5 B oard on theorganizational chart.Motion: James Butler moved the Board to approve the restructuring plan an.d place iton file. Seconded by Kelly Rossman-McKinney.Yeas: Unanimous. Motion carried.

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    Resolution to Approve Budget Amendment to Reflect Funds Secured from -the !U.S.Department of Energy for an Energy Efficiency Revolving `Loan Program:Marchelle Smith stated that the ;Mayor 's Go Green Initiative Office has secured funds in-theamount of $230.,000 from the 'U.S. Department of Energy (DOE) allocated under :the'American Recovery & Reinvestment Act to be used for energy efficient loans. 'The LEDC.budget will need to be amended to reflect the revenues and accounts receivables when theloans ;get made. Bob Trezise pointed out that we have partnered with the Mayor's -Go GreenInitiative Office because we have experience in processing loans and that :these . ;funds are.:merely a pass through. It was recommended that Taylor Heins, Go Green Initiativecoordinator, be invited to the next board meeting to talk about the Energy Efficiency Grantfrom DOE.Motion: ' 'Greg Ward moved the Board to approve the resolution amending the budget toreceive $230,000 to be used for energy efficient loans and place it on file.

    Seconded by James Butler.Yeas: Unanimous. 'Motion carried.Discussion on the Entrepreneur Institute of Mid-MichiganBob Trezise :reported that there is a remaining `loan guaranty balance of $4,196 -which isvery small. At this time, Denise Peek has not asked for renewal of the loan guaranty.Discussion on the LEDC Micro-enterprise Loan Fund ProgramBob Trezise restated the Mayor's interest in SBA funds to secure micro loans through theEntrepreneur Institute of Mid-Michigan (EIMM) last year. The LEDC had originally reserved$75,000 for the EIMM loan loss reserves. EIMM made application to SBA in July 2010 butdid not receive allocations. In combination with the $75,000 and the repayment of Dimitri'sand Majority loans, the LEDC would like to put $175,000 towards an LEDC micro loanprogram of its own. Once we have one-year of micro lending experience, the LEDC willqualify to apply for SBA funds. This does not preclude other organizations like EIMM topartner. An updated UDAG report will be provided next month outlining the reallocation ofUDAG funds.Resolution to Approve Write-off on. Boarshead Theatre Loan ,The board concurred there are no assets of the Boarshead Theatre and that the loanwritten off as recommended by the auditors. .Motion: James Butler moved the Board to approve the resolution to write of theBoarshead Theatre loan and place it on file. Seconded by Calvin Jones.Yeas: Unanimous. Motion carried.Other BusinessBob Trezise took a moment to speak about the gubernatorial campaign and the major (in-kind) advertising Lansing received due to statewide media attention to Mayor Bernero's"Lansing economic development record". The Free Press and Detroit News did 'front pagestories with independent researchers that validated job creation numbers. More and more,the State of Michigan is voicing an opinion that Lansing is at least in the same league asAnn Arbor and Grand Rapids. The Board concurred that this was an excellent reflection onBob. The Board wished to honor the Mayor in showing recognition by Resolution signed by.all Board members.Effective the end of the year, Jeff Williams announced his resignation after 10 years ofservice on the Board of Directors. Board m embers expressed ' their gratitude and

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    appreciation of Jeff's invaluable expertise. It was recommended that Jeff be givenResolution of-Departure and hold a parting event in hishonor.AdjournmentChair, Bo Garcia declared the meeting adjourned at 8:45 a.m.'Motion: "Greg Ward moved the Board to adjourn the meeting at 8:45 a.m. 'Seconded by

    'Kim Coleman.Yeas: Unanimous. ,Motion carried.

    Minutes by -M, Smith

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    LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITYBOARD ,OFCOMMISSIONERS MEETINGSEPTEMBER 28, 2010

    MINUTESAt 8:00 ..a.m. Chairwoman Ellen Jeffries called the meeting to order in the Governor's Room of theLansing Center, 333 E. Michigan Avenue, Lansing, Michigan 48933.COMMISSIONERS PRESENT: Cindy Bowen, James W. Butler III, John Decker, Charles Janssen,Ellen Jeffries, Charles Mickens, Charlotte Sinadinos and Bob Johnson (Ex-Officio).COMM ISSIONERS EX CUSED: Kris Nicholoff and Gerald Ambrose (Ex-Officio).OTHERS PRESENT: Scott Keith, Greg Soleau, Heidi Brown, Bill Grove, Tristyn Wright, JohnHooper and Shelly Busse - Lansing Entertainment & Public Facilities Authority, Jessica Yorko -,Lansing CityCouncil, Nan Jasinowski - President of the Lansing City Market Vendors Association.3II. ESTABLISHMENT OF THE AGENDA: There were no changes to the agenda.IV. PUBLICCOMMENT: There was no public. comment.

    r ,V. APPROVALOF THE MINUTES FORAugust24,2010: A motion was made to`^accept the minutes as published. MOTION: Commissioner Butler. SECOND: Comm'ssio-r er ;tJanssen. Motion carried. ! ,^-Prior to the Chairwoman's report, Chairwoman Ellen Jeffries asked that everyone present bserve a .t:.moment of silence in memory of Chairman Tim Haggart. c ; ir-- ;VI. REPORTS:

    r,fs

    A. CHAIRMWOMAN'S REPORT: Chairwoman Ellen Jeffries stated that theNominating Committee will report first, due to Chairwoman Jeffries' schedule thismorning.B. NOMINATING COMMITTEE: Nominating Committee Chair James W. Butler IIIreported that the Committee had a telephone conference on September 8, 2010 at 9:00a.m. to nominate a replacement Chair for the LEPFA Board of Commissioners. It wasdecided that Vice-Chair Ellen Jeffries would assume the Chair position and Commi-ssioner Janssen would assume the role of Vice-Chair.

    *Commissioner Bowen and Tristyn Wright entered the meeting at 8:05 a.m.During this telephone conference it was also decided that Scott's review will beaddressed in November.A motion was made by Nominating Committee Chair James W. Butler III to acceptCommissioner Janssen as Vice-Chair of the LEPFA B oard. Commissioner Bowen

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    LEPFA Board of Commissioners MeetingPage 2September 28, 2010supported the motion. The motion was unanimou sly approved.

    C. SECRETARY/TREASURER'SREPORT:1. Monthly Financial Statements for the Period Ending August 31, 2010:Finance Committee Chair Charlotte Sinadinos noted that two sets of financialstatements are included in today's Board materials, July 2010 and August 2010;for this meeting, Finance Committee Chair Sinadinos will cover August 2010information. The financial statements w ere reviewed as follows:

    a. Lansing City Market: Total Operating Revenue year-to-date is $22,511compared to the prior year's amount of $16,273. Total Operating Expensesfor the current period are. $16,140 compared to the prior year's amount of$23,154. Excess Revenues over Expenses year-to-date are a loss of ($6,922)compared to the prior year's loss of ($1,744). It was noted that utilities arehigher due to the hot tem peratures this summ er.

    *Bob Johnson entered the m eeting at 8:10 a.m.Balance Sheet: Unreserved Equity for the current year is $125,812 comparedto the prior year's amount of $187,375.Budget vs. Actual: Building Rental year-to-date is ($5,339) less than budget.Total Operating Expenses are ($4,770) less than budget. Excess Revenuesover Expenses are ($6,230) less than budget.

    b. Cooley Stadium: It was noted that there were no events during the monthof August. Excess Revenues over Expenses for the current period are a lossof ($12,612) compared to the prior year's loss amount of ($9,833). ExcessRevenues over Expenses year-to-date are a loss of ($21,084) compared tothe prior year's loss amount of ($20,843).Balance Sheet: Unreserved Equity for the current year is $77,626 comparedto the prior year's amount of $58,994.Budget vs. Actual: Excess Revenues over Ex penses year-to-date are($5,594) less than budget.

    c. Lansing Center: It was noted that Building Rental 'is better than theprior year's amount. Total Operating Revenue for the current period is$213,996 compared to the prior year's amount of $338,266. Total OperatingRevenues year-to-date are $348,076 compared to the prior year's amountof $389,714. Total Operating Expenses for the current period are $403,429

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    LEPFA Board of Commissioners MeetingPage 3September 28, 2010compared to the prior year's amount of $431,408. Total Operating Expensesyear-to-date are $802,553 compared to the prior year's amount of $758,596.Excess Revenues over Expenses year-to-date are a loss of ($361,432) comparedto the prior year's loss of ($275,076).Balance Sheet: Unreserved Equity year-to-date is $44,490 compared tothe prior year's amount of $51,661.Budget vs. Actual: It was noted that Building Rental is higher than budget.Total Operating Reven ue year-to-date is ($82,700) less than budget.. TotalOperating Expenses year-to-date are $858 better than budget. ExcessRevenues Over Expenses for the current period are $6,812 better than budgetand year-to-date are ($81,424) behindbudget.Finance Committee Chair Charlotte Sinadinos moved that the monthlyfinancials for the Lansing City Market, Cooley Stadium and the LansingCenter for the periods ending July 31, 2010 and August 31, 2010 be receivedas published and further that the monthly expenses for each en tity be accepted.SECOND: Commissioner Janssen. The motion was unanimously accepted.

    D. PRESIDENT& CEO'S REPORT: Scott Keith reported the following:1. Thank you: Scott thanked the Board members for attending Tim Haggart'smemorial service. Scott reported that LEPFA donated to the specified

    charities on beh alf of Tim and also sent flowers to the mem orial service.2. Retirement: Scott reported that there was a retirement party for Cora Huguely,he was not able to attend; however, Heidi did attend and LEPFA sent a giftas well.3. Lansing State JournalArticle: Scott distributed a copy o f an article titled"Best Lawyers in America". Recognized in this article were CommissionerCharley Janssen and Melissa Jackson, of Foster, Swift, Collins and S mith.4. Public Act 25: Scott reported that he received a letter from the CVB extending

    the Public Act 25. Scott stated that he will meet with Lee Hladki this afternoonto discuss the parameters of this extension..5. Budget: Scott stated that this year is going to be another ch allenging budget yearand that LEPF A will remain focused on the bud get. Scott stated that a contractwith MSU has been negotiated to play two games at Cooley Stadium next year.Scott stated that the City Market budget is a "guestimate" and that he has beeninformed that City Fish will be leaving the Market. .

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    LEPFA Board of Commissioners MeetingPage 4September 28, 2010Scott reported that he and John Hooper are working on a replacement that willbest fit the Market. Scott reported that he will continue to look at the LansingCenter budget; this will be a year where we will go after every piece of busi-ness.*Comm issioner Mickens entered the meeting at 8:20 a.m.

    6. CVB Report: Scott stated that he sent everyone a copy of the report that hepresented to the CVB; a sales report will be e-mailed upon Kent Lenzen'sreturn.E. PERSONNEL COMMITTEE: No report.F. LONG RANGE PLANNING COMMITTEE: No report.

    VII. COMMISSIONERS& STAFF COMMENTS:A. Shelly Busse: No comment.B. Heidi Brown: Heidi reported that a Flu Clinic will be offered here on October 1, 2010for all LEPFA staff. Heidi stated that staff evaluations will be completed this week.Heidi reported that the unemployment seminar that she and Markie attended had goodinformation. Heidi stated that the LEPFA Board Holiday Party is scheduled to takeplace on December 16, 2010 and that LEPFA U is scheduled to take place onDecember 13 and 14, 2010. Heidi conveyed her sympathies to Ellen Jeffries on the

    passing of her mo ther-in-law.*Chairwoman Ellen. Jeffries exited the m eeting at 8:30 a.m.

    C. Bill Grove: Bill stated that the F&B numbers for August were not good; andthat there should be a turn around in September. Bill reported that he is in theprocess of hiring part-time staff.D. Commissioner Decker: Commissioner Decker introduced the new President of theCity Market V endors Association, Nan Jasinowski.E. John Hooper: John reported on the Harvestfest event scheduled at the City Marketfor this weekend. John stated that the City Market rental revenues are on target andthat he anticipates 100% occupancy .F. Commissioner Mickens: No comment.G. Commissioner Butler: Commissioner Butler asked Nan Jasinowski to pronounceand spell her name for everyone. Commissioner Butler asked Scott how the CVBagreement is set-up. Scott stated that the agreement is set-up to end at the CVB'sfiscal year; however, it is paid at the end of LEPFA's fiscal year. Scott stated thathe and L ee Hladki will meet today to establish parameters and discuss what specifics

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    LEPFA Board of C ommissioners MeetingPage 5September28, 2010the CVB would like to see and have -reported. Com missioner Butler asked Commi-ssioner Bowen what are the concerns of the CVB with regard to the agreement.Comm issioner Bowen stated that as far as the LEPFA B oard is concerned, they needto know that the CVB has a 90 day right to cancel. Commissioner Bowen coveredhow the Public Act 25 agreement works. Scott stated that there were no directconcerns about the presentation of our materials. Scott reviewed the agreem ent,goals, measurements and how we are implementing them. Commissioner Mickensasked about the parameters; Scott stated that he and Lee Hladki will meet today todiscuss the parameters. Commissioner Butler asked that the Board be provided witha copy of the pe rfoiinance plan.H. Commissioner Bowen: Commissioner Bowen asked Scott how LEPFA collects forpolitical events. Scott stated that LEPFA collects rent and a deposit on F&B as wellas a: portion of the operational costs up front; approximately 80% is collected.Commissioner Bowen asked Heidi to whom are we comparing our staff to when we doevaluations. Heidi stated that we are doing annual employee evaluations, notcomparisons. Commissioner Bowen asked Commissioner Janssen if he researched thedifference between "accept" and "approve" when referencing financial statements.Commissioner Janssen stated that it is in the Board's best interest to "accept" thefinancials as opposed to "approving" the financial statements.I. Tristyn Wright: Tristyn reported that she and Cindy Bowen sat on a panel for anAll-Stars event at the Kellogg Cen ter yesterday. Tristyn reported on the landscapeimprovements surrounding the L ansing Center. Tristyn thanked the LEPFA facilitiesstaff, Ricky Gonzales and R obert Vigil from Accou nting and Nick Hughes, Event Co-ordinator for their help with the turnaround for the all of the events held here and atthe ball park over the weekend.J. Bob Johnson: Bob thanked Scott and his team for meeting with the Parking Depart-ment on a monthly basis. Bob stated that he is receiving proposals on "Way Finding"infoiination. Scott stated that he had a meeting with the Gillespie Group and the oldCity Market site will be used for parking through April or May of 2011. A discussionon "Way Finding" and parking ensued.`City Councilwoman Jessica Yorko entered the me eting at 9:00 a.m.

    K. Commissioner Janssen: Commissioner Janssen welcomed Nan Jasinowki andcongratulated her with regard to her new po st within the City Market. Com missionerJanssen asked Scott for up dates on the R otary sculpture, skating rink and pedestrianbridge. Scott stated that the Rotary sculpture is being donated by the Lansing 150Com mittee and that the location is being studied because it sits on a flood plane. Scottreported that the ice rink is encountering some issues, due to the surface mak e-up. TheEDC (Downtown Lansing, Inc.) is working on that. Scott stated that there are meetingsbeing held regarding the enhancements to the Pedway.L. Commissioner Sinadinos: No comment.

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    LEPFA Board of Commissioners MeetingPage 6September 28, 2010M. Greg Soleau: Greg stated that he will present the audit information at the next LEPFABoard meeting. Greg reported that Jennifer McFatrdige, Accounting Manager, will

    return to work in October.N. Jessica Yorko: Councilwoman Yorko reported on the public hearing for theBrownfield and Marketplace projects. Councilwoman Yorko praised the City Marketand commented on how well the Market is doing. The City Council has adopted a snowremoval ordinance and a few constituents have addressed concerns with regard to theice rink. A discussion regarding the Pedway and funds available for the project washeld.O. Scott Keith: Scott expressed his sympathies to Ellen and Brian Jeffries with regard tothe passing of Brian's mother; we did send something on behalf of LEPFA staff and .Board of Commissioners. Scott reported that Mike Homing is eager to get back to workand will return once his treatments are completed. Commissioner Butler asked Scottabout Dirk Spillemaeckers' condition. Scott stated that his progress is slow, but heshould be back to work in December.

    VIII.OLDUSINESS: No reportIX .NEW BUSINESS: No report.X. ADJOURNMENT: At 9:20 a.m. the meeting was adjourned.

    THE NEXT MONTHLY MEETING IS SCHEDULED FOR TUESDAY, OCTOBER 26, 2010 AT.8:00 A.M. - MEETING ROOM 203, LANSING CENTER, LANSING, MI 48933. .Respectfully submitted,

    Shelly Busse, Recording Secretary

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    2-x'1

    OFFICE OF THE MAYOR9th Floor, City Hall124 W. Michigan AvenueLansing, Michigan 48933-1694(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

    TO: City Council President A'Lynne Robinson and Council MembersFROM: Mayor Virg BerneroDATE: November 18, 2010RE : Resolution- Requesting Public Hearing and Approval - Plant RehabilitationDistrict (PRD) 01-10- Foresight Property Investment LLC -2822 N. MLK Jr. Blvd.

    The attached correspondence is forwarded for your review and appropriate action.

    VB/rhAttachment

    Virg Bernero, Mayor

    "Equal Opportunity Employer"

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    Virg Bernero, Mayor

    City of LansingInter-DepartmentalMemorandum

    To: Virg Bernero, MayorFrom: Ken Szymusiak, LEDCSubject: CITY COUNCIL AGENDA ITEM - Plant Rehabilitation District Request

    Foresight Property Investment LLC - 282;N. MLK Jr. Blvd.Date: November 16, 2010The attached application is for the establishment of a P.A. 198 - Plant Rehabilitation District (PRD) for theformer Peckham facility at 2822 N. MLK Jr. Blvd. you may recall that we passed an OPRA incentive for thisproperty earlier this year, but the State Tax Commission has informed us that they are not accepting an OPRAapplication for this facility since it is classified as industrial. They have asked that we pass a PRD. andsubsequently an Industrial Facilities Tax Certificate for the property instead. This tool works exactly the sameway as an OPRA tax freeze.We are asking that this item along with the IFT Application which will be submitted to OnBase tomorrowmorning (Wed., Nov. 19) be sent to council on Nov. 22. The intent is to hold both the Public Hearing andApproval on Dec. 13.

    If you have any questions, or need ad ditional information, please give me a call..Attachments

    "Equal Opportunity Employer"

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    BY THE COMMITTEE ON DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGSetting a Public Hearing for a Plant Rehab ilitation D istrictWHEREAS, the C ity Council of the City of Lansing has received a request from ForesightProperty Investment LLC, to create Lansing Plant Rehabilitation District (PRD-01--01)encompassing property comm only known as 2822 N. Martin Luther King Jr. Blvd, Lansing,Michigan, and legally described as:Parcel #: 33-01-01-05-427-003LOT 1 AND PART OF LOTS 2 AND 3, ASSESSO RS, PLAT NO. 57, CITY OF LANSING,INGHAM COUNTY, MICHIGAN, ACCORDING TO THE R ECORDED PLAT THEREOF, ASRECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERNMOSTCORNER O F LOT 1; THENCE S5200'30"E, 802.91 FEET ALONG THE SOUTHW ESTERLYLINE OF THE CSX RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCES02 . 14'42W, 7.60 FEET ALONG THE EASTERNMO ST LINE OF LOT 3; THENCE 235.43FEET ALONG THE SO UTHERLY LINE OF LOT 3 AND A 342.70. FOOT RADIUS CURVE TOTHE LEFT, HAVING A DELTA ANGLE O F 3921'43" AND A CHORD OF N7358'04"W, 61.01FEET; THENCE S01 55'53"W, 7.72 FEET; THENCE N8804'07"W, 298.97 FEET; THENCEN0158'30"E, 361.76 FEET ALONG THE EAST LINE OF MARTIN LUTHER KING, JR.BOULEVARD TO THE POINT OF BEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS.WH ERE AS, prior to acting on this request, it is necessary to hold a public hearing on theproposed creation of (IDD -01-10), to allow for all residents, taxpayers and other interestedpersons the right to appear and be h eard;NOW , THER EFOR E, BE IT RESOLV ED, that a public hearing be held in the City CouncilChambers of the City of Lansing, 10th Floor, Lansing City Hall, Lansing, Michigan, onDecemb er 13, 2010 at 7 p.m., and that the City Clerk cause to be published notice of suchhearing in a publication of general circulation when all persons interested may attend andbe heard and make any objection they may ha ve to the proposed District, and that the CityClerk also cause the owners of real property located within the proposed amended districtto be notified of the request and the scheduled pu blic hearing.

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    City of LansingNotice of Public HearingThe City Council of the City of Lansing will hold a public hearing on Monday, December 13,2010 at 7 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall, Lansing,Michigan, for the purpose stated below:To afford an opportunity for all residents, taxpayers of the City of Lansing and otherinterested persons to appear and be heard on the creation of Lansing Plant RehabilitationDistrict (PRD -01-10) as requested b y the applicant for the location indicated below:

    Applicant:By: Foresight Property Investment LLCPRD Location: 2822 N . Martin Luther King Jr. Blvd, Lansing, Michigan

    PRD Legal Description:LOT 1 AND PART OF LOTS 2 AND 3, ASSESSO RS, PLAT NO. 57, CITY OF LANSING,INGHAM COUNTY, MICHIGAN, ACCORDING TO THE R ECORDED PLAT THEREOF, ASRECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERNM OSTCORNER O F LOT 1; THENCE S5200'30"E, 802.91 FEET ALONG THE SOUTHWESTER LYLINE OF THE CSX RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCES02-14'42W, 7.60 FEET ALONG THE EAS TERNMOS T LINE OF LOT 3; THENCE 235.43FEET ALONG THE SO UTHERLY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVE TOTHE LEFT, HAVING A DELTA ANGLE OF 3921'43" AND A CHORD OF N7358'04"W, 61.01FEET; THENCE S01 55'53"W, 7.72 FEET; THENCE N8804'07"W, 298.97 FEET; THENC EN0158'30"E, 361.76 FEET ALONG THE EAST LINE OF MARTIN LUTHER KING, JR.BOULEVARD TO THE POINT OF BEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS.Creation of (PRD-01-10) as requested by Foresight Property Investment LLC, will makecertain property investment (real and personal property) within the District eligible tO beincluded in applications for tax abatements and/or exemptions. Further informationregarding this application may be obtained from Ken Szymusiak, Econom ic DevelopmentCorporation of the City of Lansing, 401 S. Washington Square, Ste. 100, Lansing,Michigan, 48933, (517) 485-5412.

    Chris Swope, C ity Clerk

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    Application for Establishing aRehabilitation or Development DistrictForesight Property Investment LLC

    2822 N. Martin Luther King, Jr. Blvd

    PART I - GENERAL INFORMATION1. Name of applicant. If a corporation, include the full corporate name. Identify the finials

    representative to whom contact may be made by City officials in processing theapplication. Include telephone number.Foresight Property Investment LLCContact: Bill Christofferson, 517-749-0670

    2. Street location and legal description of property to be included in the proposed district.2822 N. Martin Luther King Jr., Blvd., Lansing, MI, 48906. - Parcel #: 33-01-01-05-427-003LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LANSING,INGHAM COUNTY, MICHIGAN, ACC