lansing (mi) city council info packet for oct. 4, 2010 meeting
TRANSCRIPT
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LANSING, MICHIGAN
CITY COUNCIL CHAMBERS, 10TH FLOOR LANSING CITY HALL
124 W. MICHIGAN AVENUE
AGENDA FOR OCTOBER 4, 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. on Thursday, September 30, 2010, in accordance with Section 3-103(2) of the City Charter and will be ready for your consideration at the regular meeting of the City Council on Monday, October 4, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.
I. ROLL CALL
II. MEDITATION AND PLEDGE OF ALLEGIANCE
III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS
Approval of the Printed Council Proceedings of September 27, 2010
IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule #9 is needed to allow consideration of late items. Late items will be considered as part of the regular portion of the meeting to which they relate.)
V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as part of the regular portion of the meeting to which they
VI. SPECIAL CEREMONIES
VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK
VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of event – 1 minute limit)
IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS
X. MAYOR’S COMMENTS
XI. SHOW CAUSE HEARINGS (Only persons who have received notice from the City as an interested party or the interested party’s agent with written permission may speak for up to a total of 3 minutes. Speakers must sign up on green form.)
XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the following items on the agenda: public hearings, resolutions, ordinances for introduction, and ordinances for passage. The public may comment for up to three minutes. Speakers must sign up on white form.)
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A. SCHEDULED PUBLIC HEARINGS
1. In consideration of IDD-01-10; Development District for Jet Engineering (Symmetry Medical)
2. In consideration of IFT-01-10; Industrial Facilities Exemption Certificate for Jet Engineering (Symmetry Medical) for Property Located at 5190 Jet Drive
3. In consideration of Brownfield Redevelopment Plan #49A -Amendment - Marshall Street Armory
4. In consideration of Brownfield Redevelopment Plan #52 - Marketplace Redevelopment
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS
A. REFERRAL OF PUBLIC HEARINGS
B. CONSENT AGENDA
1. BY THE COMMITTEE OF THE WHOLE
a. Notice of Intent to Issue Bonds; Capital Improvement Bonds for City Vehicle Garage
C. RESOLUTIONS FOR ACTION
D. REPORTS FROM COUNCIL COMMITTEES
E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings
F. ORDINANCES FOR PASSAGE
XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS
XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be considered as being read in full and that the proper referrals be made by the President)
1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS
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a. Letters from the City Clerk:
i. Submitting a request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed Business with Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI 48933, Ingham County, through issuance of 1,500 shares of stock to the following new stockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; through issuance of 750 shares of stock to the following new stockholders: Stephen Crowley and Bruce Ferguson; through issuance of 500 shares of stock to the following new stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon; and through issuance of 250 shares of stock to the following new stockholders: Charles J. Hartman and Victor W. Loomis, Jr.
ii. Submitting Correction to Resolution #2010-296; Transfer ownership of 2010 Class C and SDM with Outdoor service (1 area on city sidewalk) and Sunday Sales from M.I.K, Inc. to Mad Bags, LLC located at 1145-1147 S Washington Ave.
iii. Providing notice of the placement on file of the Board of Water and Light’s Annual Audit for Fiscal Year ending June 30, 2010
iv. Submitting minutes of Boards and Authorities placed on file in the City Clerk’s Office
b. Letters from the Mayor re:
i. Brownfield Economic Development Initiative Grant Application; Knapp’s Center Redevelopment Project
ii. Notice of Intent to Issue Bonds; Capital Improvement Bonds for City Vehicle Garage
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS
a. Mason Public Schools’ 2010 Tax Levy and Millage Reduction Fraction Computation
b. Affidavit of Disclosure submitted by Colin Kacmarsky of the Lansing Police Department
XVI. MOTION OF EXCUSED ABSENCE
XVII. REMARKS BY COUNCIL MEMBERS
XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT
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XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government related matters are issues or topics relevant to the operation or governance of the city. The public may comment for up to three minutes. Speakers must sign up on yellow form.)
XX. ADJOURNMENT
CHRIS SWOPE, CITY CLERK
Persons with disabilities who need an accommodation to fully participate in this meeting should contact the City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests.
City of LansingNotice of Public Hearing
The City Council of the City of Lansing will hold public hearings on Monday,October 4 and October 11, 2010 at 7:00 p.m. in the City Council Chambers, 10thFloor, Lansing City Hall, Lansing, Michigan, for the purpose stated below:
To afford an opportunity for all residents, taxpayers of the City of Lansing andother interested persons to appear and be heard on the creation of LansingIndustrial Development District (IDD 01-10) as requested by the applicant for thelocation indicated below:
Applicant:
Jet EngineeringBy:
Barry Kavanagh
IDD Location: 5190 Jet Drive
IDD Legal Description: LOT 4, JET PLACE, CITY OF LANSING, INGHAMCOUNTY, MICHIGAN;
Creation of (IDD 01-10) as requested by Jet Engineering, will make certainproperty investment (real and personal property) within the District eligible to beincluded in applications for tax abatements and/or exemptions. Furtherinformation regarding this application may be obtained from Andrea Ragan,Economic Development Corporation of the City of Lansing, 401 S. WashingtonSquare, Ste. 100, Lansing, Michigan, 48933, (517) 483-4140.
Chris Swope, Lansing City Clerk
Paofect,Developmes2tsAssistance sas,sas,sas.-a-es.
Tax Akitonalittu actunn and:.Hiaiv.,T _
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The Economae Development Corporation (EDC) of the City of Lansing offers assistanceapplication far property tax abatement on manufacturing-andler higb-technolo,gy related
investment in Lansing. Tax abatement is available under Public Acts 198 of 1974 as amendedea: and 247 of 2000 for improvements:to buildings and structures (real property), and the purchase
of personal proPeftY such as machilerY, equipment famt-ure and. fixtures, where the primarypurpose and use is for manufacturing and/or high technology activity. High technology activitiesare defined as: advanced computing & materials, biotechnology, electronic device technology,engineering g laborato'ry testing, techcqquto assess or prevent human health ore:rah threats, medical device technology, product research and development and advanced vehicles
,'.-':,: , technology.
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The: ansing:CitysCeuncil' a_ approvildf.astax1batement icertificate is a two-steps process:
1. The first step involves establishing the appropriate distdot if not already previously done.'as as.aas"saa-aThere are two types'.offfistricts: Development .Districts for new: construction., expansion
projects; Rehabilitation Dissricts for replacement of obsolete buildings or equipment.Only investments made after the establishment of a district will be considered
.:s,a-ss :a: eligible Tor a. tat abatement certificate.
2. Assuming a district is or has been established, the second step involves the applica.tion-a .1.. - fota. Tax Abatement Cea ,fificate for ,investment made within , an established district.
Approval of .a Certificate . provides a ma.;aan- Atha 'of SO% sexemptions on.1he.,value of newconstruction expansion projects and up to 100% for replacement of obsolete buildings or
-saes's:, -equipment Exempfions can be granted :for ..up 'CO twelve years by 'the State,TaxCommission. , as:
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a,aitsat' . isoaasa::
Femore informationscontactE.K Stafflat (SZ 4834240
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GENERAL INFORMATION
Before a manufacturing firm. can apply for a tax abatement a Reliabililatieii orDevelOpment District must be established. The district is defined by the legal descripti6n of one
iiibri.M icreiiipr6pertiesiniii0ii1yj&esfirien0iiade*ithirran:.establidhedAi,ittietai iiieligible for aownership yalue of
iRellebffitatiOnilDistrict,i4bbablesCenee:10f. iiattleastI50%).ofthe.propeityiiatheii -opOsklirdisidet*i*60'tired bY'itis State
niustibei.eStablishech . .:.
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. iii . :." .Pxocessfor°apurow^n an application
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tniinstibliAaachabilltAoili.citObVelopmentDiStrict.:
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Potential applicant consults with Ebonomic. Development Corporation' . .(EDC) i staffregarding eligibility, fees and potential benefits:... .
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Draft;
(EDC)' forcompleteness and errors....".
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For more information contact LEDC.Staff at (517) 463-4140
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The applicant will be asked to attend adaytinie .,iniieestingof.theLali:iiiig.0tiy Council'sproject,CoinMittee on DeVelopMent and Planning
regarding the
.The applicant
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.will-ithenii .be .r ie4uire'LtO &et& a public .iiiiie-winetcbe' . held:. during aniieivienifigiro.eetingi. :of the Liiisija City'Coune^
der the date of the 'i.mbliciMi arint.the applicalit may bellakediteiattendaii0ther daytimemeeting of theLansing City Council's Committee on DeVelopment" .'atkITIatuai4g.. ..
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Final approval of the application can then be made, by the Lansing City Council duringone of their evening meetings, at which the applicant should be .present..
The total iapproval li -CeedWll .6hi'Call itake frOni6ito"i5"Weekslo)ctimplete.
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,ThreeCbrapletedapPliCadentWith. i . -agaChraents,...i .originalsign.ataressignatures; and
of".
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_pp ea Ion 'or, sta ls
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R.ehalmli a-E'en or Development District;,s ,.
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Please Insert your answers
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PART I GENERAL P FORMATION
of app ucant, a corpora,. i on, include the fall. corpo 'rate n'&aie. la
the firmsJ.
enrepresentative to whom contact may be made by City ofacii1s .in.processins- theapplication. Include telephone number.
let Engleeering, Inc. trading as Symmetry Medical Inc LensingContact: Barry Kavanagh, Controller (517) 887 3429
2.
Street location and legal description of property to be included. in the
ecl district
Street Address:
5190 Set Drive, Lansing ill 489nLegal DescriPtion: Lot 4, Jet Place, City of Lansia g, Ingham. Cou.u-ty, Midhigan
3.
General description ofthetc.).e-stiHng facility cif an3r, nur4ber ,ofbuildings, type, size,manufactured,
OW long .has the
be
.been mbusmesS ? At this locationproducts
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xisting facility is a manufaeturina facilityv'
and
/ft oLer
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comprising - et-
Jib di
cc. The builaingi
12,ooo sq/ft
.3,000 scl
no
precision machining of0 01)e dimlAants and aerospace s
currentlyementlYpusoneedn.tfs
forand0-hardwar a. an ac'unng sPaza
4. . Type of the property for which the exemption is being sou
Paton& -eee"Both-Yes
5. Ownership of property.
a
Building(s) owned or leased? - Building is currently being leased. but will bepurchased from landlord October 2010.
b.
If the property in (a) is leased, is the lessee liable for paymeYaid'Y'Llorethtaxes? -- Yes property taxes are aid -by the lessee
c
Mablinery and equipment and. funiaitaie and fixt-arei -OiVied-Or'leased'i- OwnedIf property in (c) is leased is the lessee liable.for ad valorem property taxes? -,
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6. Provide a:a.eneral. description:of the nature and ' extent . of the restoration, r 91areconstalcti,ou being s. 0_11 ,.)ic„ t.,fol exemptionand indicate: whether
orimprovements will
increase production capacity or update obsolete property.
applicant is currently in negotiations to
ha this ,
din. gle" Oar, aPlxoval and aPProval.of State and Local taxincentives The applicant intends, to increasethe man actunng floor space by an additton 12,000 set (minimum) and Instalmachining equipment in order to add capacity to meet the growing demand from the
7.
Describe how your present and proposed facility constitutes a maniifact firing process bymaking •aphysica]-or; chemxcai change m goads or materials.
Both the present And. proposed facilities. op erate by machining iitanxum, cobalt and nickelalloyaforgings-to the required speeY cations, andtolerances
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8.Please provide a simple time schedule for commencement and completion of the variousstages of construction anclanstaflation of new .naac fiery and.egtupmen.•t
Total Project Cost.:A.:...r•d
Will the expenditures for the project describedin #9, Part a and b, be more .an 1.0% ofthe true cash value (at the commencement of the project) of the property described in #2-Part 17
11. Employment
Total number of employees on project site pribrto-commencerpant ofproject.390
Project is'e pected toresult iIi reafiioh of " 70additibna1 full time jobs at Jet
Engineering Inc. d/b/a,5ymmetry Medical Inc., Lansing two dears aftercompletion of the facility
ect3s expected to res
Does your company presently operate manufacturing plants or facilities in other locationschrgan?r`1 tf e answer is yes, will the conslrac^aoii, restoration or rehabilitation of
plantresult in. a transfer- ^employees from otherplants 'locate d in NMich aaii to this
_arcsexcluding Ian
LandimprovementsBuztdv g improvements
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1vlacl?iuery and equipmentd.
Furniture and fixtures
Completion ofpurchase negotiations- targeted to close in. October 2010Completion of extension - targeted Winter 2010'Installation of first phasetofegmpment Spring 2011,Additional equipment purchases 2011 to 2015
1 580,000 in.cludeseat?iatedput' chase price3 .918,000 in Yr 1, thereafter approxt2.3m/Yr
5498,000 Year 1 toi
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13.
company operates two facilities within the same campusus i
15.
If you are requesting establishment of a Rehabilitation District, explain how propertycomprising 50% of the property in the proposed district is considered obsolete? (e.g. isthe obsolescence attributed to function, replacement cost, technological changes,production processes, etc )
N/A
Needs, are- let by'' e curt.ent„park ng: at tlse'fac' 'ty.
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16. What circumstances distinct to your company or to this particular project make economicassistance Tromthe City of Lansing :intheform of tax; abatementnecessary. arid/ordesirable?
The Symmetry Medical group hac similar machining facilities in Indiana, Massachusettsand Malaysia. The tax abatements being applied for are necessary to justify expanding inLansing rather than at one o€these'otherlocations
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1.DesCribe changes in. storage t6thdrisUnd/or.'Capacity. ,catisd&by theprapOS6clrehabilitation and/Or new construction,
2.
Describe changes in current noise levels anticipated Witliiialhd facility ,and. at the propertyboundaries.
N/A
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...'' . -Describe'Changeslia.trabient air
rehibilitatiot-andlor new.
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Describe changes in method of,hOtIlliquid a.nd-5Scilid'wastO4islinsaLCausot1byproposeclrehabilitation and/or new construction, as well as anticipated changes in quantities of
. solid and liquid wastes produced,
N/A
5,
Describe any changes in demand for public utilities to include water, storm and sanitary .sewers, electricity and natural gas caused by the proposed rehabilitation and/or mewconstruction..
Requirements wilt increase in proportion to the .amount of new machinery added
6.
Describe any changes proposed which would affect the potential for The within thefacility or on the site (e.g. storage of highly flammable material).
N/A
7.
Does your proposed project require a DNR Air Quality Permit?
Yes. Permit is in place.
8.
Describe any proposed site improvements such as landscaping, parking lot, fencing orsimilar physical improvements.
N/A .
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' PART It - ENVIRONMENTAL AND PUBLIC SERVICE INFORMATION
construction....
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LiCITY COUNCIL AGENDA: TEM - Jet Engmeenng (dib/a S 7mmetry Medical)
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Please forward this resolution to approve the IDP application for Symmetry Medical to City Councilfor placement on the Agenda for Monday, Sept
ern_ber 13, 2010 and to set Public
Monday,Hearing forOctober I I ;2010 .
If you have any questions, or .need additional information, please give me a call.
Attachments
"Equal Opportunity Employer"
Y THE COMMITTEE ON DEVELOPMENT AAND• PLANNING'SOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
Approving an Indus is De elobmeilt District•
WHREAS,theCity of Lansing received and filed a request from Jet Engineering, to create LansingIndustrial Development District (1DD 01-10), pursuant to Public Act 198 of 1974, as aim.ended onproperty more fully described in this resolution; and
WHEREAS, a public hearing on the creation of (IDD 01-10) was held on 10/11/2010 at 7:00 p.m.,at which time all interested persons, residents and taxpayers had as `'oppoityto appear and beheard and make any objection they may have to the proposed District; and
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WHEREAS; Jet Engineering, has met all the requirements fox the creation of (MD 01-10), asrequired l,y'Pubhc Act`1 ' 98 'of 1974, `as -amended, and by the policies of'this "Council;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City `ofLaia'sirig`hereby approvesthe request and creates (IDD 01=1.0) for the portion of 5190 Jet Drive legally described. as:
LOT 4, JET PLACE, CITY- OF LANSING, INGHAM 'COUNTY MICHIGAN. 77
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BRIT FINALLY RESOLED, this Resolution shall not be
Lconstrued as the City Colmar s approv
of any future Industrial Facilities Exemption Certificate'application of Jet Engineering, or any o
Approved for placement on the City Council Agenda:
City Attorney
Dated:
applicant.
From the 9-13-2010 council Meeting Packet
REFERRED TO THE COMMITTEE:ON DEVELOPMENT ANDPL4NNING
Virg Bemero, Mayor
OFFICE OF THE MAYOR9th Floor , citv Hal!
-'124 W: Michigan Avenue
Lansing, 'Michigan 48933-1694(517) 483-41 41 (voice)(517) 4834479 (TOD)(517) 483-6066 (Fax)
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TO:
City Council President A'Lynne Robinson. and Council Members `
FROM:
Mayor Virg Bmero
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Resolution- Jet Engineering (d/b/a Syrnmety.Medical)
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.-Industrial Facilities Exemption Certificate .(IFT0110 .)
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The attached correspondence is forwarded for your review and appropriate action.
V.B/rhAttachment
IRATE:
Se tember,9 -2010-
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"Equal Opportunity Employer"
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City of LansingNotice of Public Hearing
The Lansing City Council will hold public hearings on October 4 and October 11,2010 at 7:00 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall,Lansing, MI, for the purpose stated below:
To afford an opportunity for all residents, taxpayers of the City ofLansing, other interested persons and ad valorem taxing units toappear and be heard on the approval of an Industrial FacilitiesExemption Certificate (IFT 01-10) requested by the applicantindicated below:
Applicant:
Jet Engineering (d/b/a SymmetryMedical)
Location:
5190 Jet Drive, LansingProperty Description:
LOT 4, JET PLACE, CITY OF LANSING,INGHAM COUNTY, MICHIGAN,
Approval of an Industrial Facilities Exemption Certificate (IFT--) requested by JetEngineering will result in the abatement of real and/or personal property taxeslocated within the subject property. Further information regarding this applicationfor property tax abatement may be obtained from Andrea Ragan, EconomicDevelopment Corporation of the City of Lansing, 401 S. Washington Sq., Suite100, Lansing, Michigan, 48933, (517) 483-4140.
Chris Swope, Lansing City Clerk
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Michigan Department of Treasury1012 (Rev, 3-07)
licatlon or :6ndustrial Facilities Tax Exernptlon Cer 'ifrca
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2090Iss ued under authority of P.A. 198 .of 1974, as amended Filing is mandatory.
ECf^^!OMICDEVE DPI AiINSTRUCTIONS: File the original and two copies of this form and the required attachments (three complete sets) with t hec^e'P^
-local,governmen tunit. The State Tax. Commission (STC) requires two complete sets (one original and one copy). One copy is retainedby the clerk. If you have any questions regarding the completion of this form or would like to request an informationalpacket,'call (517)"373=3272.
'I' Application Number '
1 la. Company
(Applicant must be the occupant/operator ofthe facility)Jet EngineeringInc.(trading as Symmetry Medical Lansing)
It lb, Standard industrial Classlficallen(SIC)339113
Code - Sec. 2(10) (4 or6 Digit Code)
F 1c. Facility Address (City, State, ZIP Code) (real5212-Atreitus:Rd; Lansing Ml ^-.8311
endlor persona! property location) it Id. Clty/TownshlpfVillage (indicate which) ?t 1e. County
''-InghamCity of Lansing
:1 2 ,, Type of Approval Re quested_. 1 3a School Dtslrict where facility is located 3b. School CodeNew (Sec 2(4))Speculative Building (Sec. 3(8))Research and Development (Sec.
J Transfer (1 copy only) Lansing 33020Rehabilitation (Sec 3(1)) 4. Amount of years requested for exemption (1-12 Years) •
2(9)) 12
5,Thoroughly describe the oreject fcr which exemption Is sought: Real Property (Type of Improvements to Land, Building, Size of Addition) Personal Property (Explain New,Used, Transferred from Out-of-Stste, etc.) and Proposed Use of Facility . (Please attach additional page(s) If more morn is needed).
Applicant intends to increase the size of its existing machiningfa -di(ity byextending1he building at 5190 Jet DriveLahsingby at least 12,000 square feet. Additional machinery will be purchased new and also transferred from eases?
out-of-state to increase our manufacturing capacity. .
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6a. Cost'of land and building improvements (excluding cost of land
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.•$850,000. DD___
_Real'Prope
Costs
'_*Also attach a copy of building permit if project has akeaey begun ,
6h Cost of machinery equipment, furniture and fixtures
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$3 918 000.00
*Attach itemized hsbng with month day and year off beginning of installation plus total costs Persona! ProProperty Costsrl.0.
$4,768,000 006c Total Project Qosts* Round Costs.toNearest Dollar,
..Total of Real &Personal Costs
7. Indicatethe time schedule for start and finish of constructlon and equipment installation. Projects must be completed within a•two:yearperiod of the enact ye;dateofthecertlncate,unless othetwlse;approvad bythe STC.
Bealn Date (M/DiY)
End Date (M/D/Y2 et,
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Re 'Pio
ePersenai_Propertylmprovement-s_P
Em r . ove. _me_ nts° 1011110 ' : 6130/11=, X owned-
X owned Leased711118
8(3 112
+-B; Are State-Education Taxeseeduced or abated by the Michigan Economic Development Corporation (MEDC)3-if yes, applicant musttattachie signed MEDIC Letter oftCommitment to
exemption. i
Yes
X No tie- titer
► H. No. of existing jobs atthis facllltyttiatwilt be retained as a result of this project. - 10. No. of new jobs et this facility expected to create within 2 years ofcotnplation.390 7011..Rehabilitation applications only: .Complete
b and c of this section. You must attach the assessor's statement or valuation for tie entire plant rehabilitation tlistrict andobsolescence statement for property. The SEV data below must be as of December 31 of the year prior to the rehabilitation.
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t Ja. SEV of Real Property'(excludtng land) ,,,,,,, , ,
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„-b. SEV of Personal Properly (excluding inventoc. Total SEV :: r
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). 12e. Check the type of District the facility Is located In...
XI Industrial Development Distnct
Plant Reh abilitation Districttotseett
12b. Date district was established by local government
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^ _unit (contact local Unit)
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'F12c. Is this application fora
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speculative building (Sec. 3(8))3
APPLICANT INFORMATIONAll boxes must•be'completed.
,rr1912Page...
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The
(Amer. Of it* iiiiiiiiiiiiiiiiiii h s' aprilleittloh certifies
kneyfaledg0irOsii;Ictformatlort ..poptalrip.d.,A,ie.herein attire: the attachments heretcr lefeIse;1il any Vtiiy'and that all are i truly descriptive of the industrial property
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et ii: i tti V et i
ate, ea i .e..' boa
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i Inclusive(itiSIfilriti'vii66rost l that the undersig
feflaWIiil.tYiWpioVielai drPAI06btl 974 as
baing tiedt(nns 207:551 to 207,572,iOfithe
Laws; and to ithe best' f his/her khowledge aridibelletiNhehas-complIedi or wine ablwto =imply with all.of the .requirements , thereof which are prerequisite to'the approval of-the application by.the local unit of gpvernmpnt and the Issuance of an Industriet-Faclityes ,
- Exemption-Certificate =by the State Tax:Commisslen.13d. Pregame Name rBarry Kavanagh
13WTelepherneNerateen(517)
-13oO Fax Number(517) B87-3445
,13dSaalliAddress
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. berry. kavanagh@eymrnetryme:
14a. Name of Contact Person 14b. Telephone Number:*.(§l'"I); " i$BZ43',11T
14p. Fax Number
iY087Z4,45 "'14d. 5-mall Address
0^ n :'o"on't
"F' 1ba; Name of Company officer (No'Authorized Agents}
:'-Barry. Kavanagh
LOCAL
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15b-. Sqatte
CrCoMpa
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r (No -Authrr
:a l Agents)" 16COFax'NuMber -.(517 ) 887-: 3445
15d Date
;rdmas-11NOri.15e Mall
. (Street CItySe, ZIP COde)
- 151 Telephone Number :189E mall 'A
7 ,:dress:
521''Z (517)'882-431`1 i" bartyi3cauenagh@9ymmetryme.
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le 16. Action taken by leal i gbiernment unit
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Abatement App'roVed ifde
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16b,,The State TaxLommieelrin Requires the following documents be fdeqfor,cnadministlatkly cothniete application
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After Completion Dyes 111 No1 eel-ex.'.
..:Denied (Inciude ResolUtIon'Denying) t-
1. original APP! ic8 it ori-i"Olus ottictimentsO and one comp ete'c°py2Resolution estsci shing district3. Resolution app ov ng
enying application.4..Letterof A g reement (Signed , by local unit and aloPlI cant) ,
i.5. Affidavit of Fees (Signed by local unit and applicant) .
G. Duilding Permit for real improv pmaqtstif project hasalready begun7. Equipment List teilth datasi of beginning of alga a
8-F.on'n.3222:(Ifapp ,9 Speculative building resolutlon iandieffid,avits(Ifapplicable) :.
16a. -Dodr;M&Its aeqtilred to be on file With the focal Unit
..Check or Indicate NiA
Not Applicable:, -•1. Notice to the public prior to hearing establishing a district.2. Notice to taxing authorities of opportunity for a hearing.3i-L1st of taxing authorttle9notified for .district and application action
Leg,ceernent sh oving applicants tax liability
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lac, LUC! Code 16d School Code
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17. Namd iofi Local Government Body
i ..ierioc 1. 18.i Date of ResolulloniAppsnVioglDeny1riptilsiAp plication. -.
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GOVERNMENTACTION & CERTIFICATION, ' "1
boxes
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Check items onThis section must be aomplated by the clerk of the local goyernIng unit before submitting application
State T
fileaLthe . Local Unit and those included with the submittal
ax Commission.
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. i-Atta 0he O. ce to ap..o Ftgtn al and 0pe.cppy.,ref he.a p p ttcatt on and all.documents listed in
also ced dam. r ein t S1"kt: 6' di iinia'aeei
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la al unit .foreirteOectidiiii.atany,ffie';i ii a el
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19a. Signature of Clerk 196 . Name of Clark_es aiee .r':: ".
i19c. E-malt Address
19d: Clerk's
Code)
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'19e: Telephone Number
191, Fax Number
State Tax Commission Rule Number 57: Complete applications approved by the local unit andireCelved byithe StateiTaxiCommissleniby.Ootobeo3leachiyeer will beacted upon byDecember 3lApplications. received after October 31maybe acted upon 1nthi.foll owing year
eel:Kin:ire
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et ieiaaedit eeirlite ,ete .:er
a nip er eliliai.,iotia tiraeaiaheie-..ed Irlwieedt ;roarer
ilei eraii, eoiieLocal Lint Mail one original and one copy of the completed applIcatIceriBqd all required attachments toistiaitbTaxtCbmemssioreiier 1mM-meMicbIgani Department of Treasury
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P.O. Box 3047I. .
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(For.guaranteact receipt . by the STC, It is recommended that applications, are sent by certified, mail.)
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Building Extension will be at least 12,000 (max 17,000) square ft steel and blockconstruction. Subject to approval of certain State and Local incentives, constructionwould begin in Fall 2010 and finish in Spring 2011,
QuantityHasenclever'355 Forge Press 1Okurna2-Axis Lathe '6
Global CMM - 1Electrotherm Rotary Furnace 5Press ControllersMitsubishi Sinker EDMOkuma 250 Multi Axis Lathe 11Computers and Peripherals 1Special Tooling and Fixtures
$
400,000 $
400,000 Dec 20$
198,000 $ 1,188,000 Sep-10$
110,000 $
110,000 0 ct ICI$
161;000 .$
805,000 Dec-10$
50;000'! , $ 250,000$
215,000 $ 215,000$
550,000 $ 550,000$ 150,000 $ 150,000 Q1-Q4 2011$ 250,000 $ 250,000 0.1-Q4 2011
$' 3,918,000
TotalCost'Ea.
Investment
ApproxInstallation
Date
140:4.12011--. Q2-2011
"Q1 201 S
SYMMETRY MEDICALINC.,`LANSING,;')11ET ENGINEERING, INC.)
IFT INVESTMENT LIST
B hiding Ei tensionThe legal description of the building is:Lot 4 Jet Place, City of Lansing, Ingham County, MichiganProperty Tax ID #; 33-01-55 205;2-20=011;
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bkavanagh
S:\ACCT\Barry\Taxes\20100 Local Incentives\2010MIFT Equipment List
9/8/2010 9:30 AM
City of Lansing
Memorandum -
Virg BeMero5 Mayor
Andrea Ragan, Lansing 'EDC
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.Please forward this resolution to approve IFT 01-10 application for Syminet - Medical to City Councilfor placement on the Agenda for Monday, September 13, 2010 and to be approved aon Monday,October 11, 2010: . .
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If you have any questions, oi-need additional information, please give-.1ne..''cal] -.f.;6,-s.
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02
. "Equal Opportunity Employer"
To:
From:
Subject:
Date:
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CITY COUNCILAGENDA ITEM''Iet Engineering (d/b/a Symmetry Medical) : ',.
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:September 9, ,201 0
Attachments
WHEREAS, the Lansing City Council has previously created Lansing Industrial DevelopmentDistrict (IDD 01-10) on 10/11/2010 at Jet Engineering (dlb/a Symmetry Medical) on the propertylocated 5190 Jet Drive, in the City ofLansing, Michigan.
WHEREAS, the City of Lansing received and filed an application from JetEngineering, requestingan Industrial Facilities Exemption Certificate (-IFT 01-10) for real and personal property investmentspursuant to Public Act 198 of 1974, as amended; and
WHEREAS, a public hearing was held October 11, 2010 at 7:00 p.m., on the Industrial FacilitiesExemption Certificate (IFT 01-10) filed by Jet Engineering, at which all owners of real and personalpropertywithin (IDD 01-10), other City residents and taxpayers, the assessor and the representativesof the legislative body of each taxing unit that levies ad valorem taxes for the (IDD 01-10) area hadthe opportunity to appear and be heard; and
WHEREAS, Jet Engineering has substantially met all of the requirements for said ExemptionCertificate as required by Public Act 198 and by the policies of this Council;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council finds and determines thatthe granting of this industrial Facilities Exemption Certificate for personal and/or real property-underPublic Act 198, shall not have the effect of substantially impeding the operation of the City ofLansing, nor impairing the financial soundness of any taxing unit which levies ad valorem taxes inthe City of Lansing.
BE TT FURTHER RESOLVED that the Lansing City Council hereby approves the application ofJet Engineering, for an Industrial Facilities Exemption Certificate (IFT01-10), for real andpersonal property investments in the area of (IDD 01-10) legally described as:
LOT 4, JET PLACE, CITY OF LANSING, INGHAM COUNTY, MICHIGAN,
for a period of 12 years, after project completion, provided that this resolution shall be effective uponthe execution, of . a written Industrial Facilities Exemption Certificate Agreement between letEngineering and the City of Lansing, in the form as filed with the City Clerk.
BE TT FINALLY RESOLVED that the Mayor, on behalf of the City, is authorized to execute theafore stated agreement, subject to prior approval thereof as to form by the City Attorney.
RESOLVED' BY THE CITY COUNCIL' OF THE MY OF LANSINGApproving an Industrial Facilities Exemption Certificate
.!:'..Approved for plaoemenf on City`Counoll Agenda:
%2 4 ?
City of LansingNotice of Public Hearing
The Lansing City Council will hold public hearings on October 4 and October 11,2010 at 7:00 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall,Lansing, Ml, for the purpose stated below:
To afford an opportunity for all residents, taxpayers of the City of Lansing, otherinterested persons and ad valorem taxing units to appear and be heard on theapproval of Brownfield Plan #49(a) - Amended Marshall Street ArmoryBrownfield Plan, pursuant to and in accordance with the provisions of theBrownfield Redevelopment Financing Act, Public Act 381 of 1996, as amended,for property located at the 300 Elvin Court, in Lansing, Michigan, but moreparticularly described by parcel as:
A parcel of land being part of the NW 1/4 of Section 15, T4N, R2W, City ofLansing, Ingham County, Michigan, being more particularly described as:commencing at the NE corner of Section 15, T4N, R2W; thence South 01degrees 44'44" West, 1600.25 feet along the East line of said Section 15 alsobeing the West line of Adam's Addition to the City of Lansing, Ingham County,Michigan (Liber 2, Page 17); thence North 88 degrees 53'28" West, 369.49 feetalong the North line of said Longyears's Addition and the North line of J.B.Rayner's Addition to the City of Lansing, Ingham county, Michigan (Liber 3, Page20) to the point of beginning of the following described parcel; thence continuingNorth 88 degrees 53'28" West, 390.06 feet along the North line of Brown'sInsurance Agency Addition to the City of Lansing, Ingham County, Michigan,(Liber 4, Page 15) and the North line of Rumsey's Michigan Avenue Addition tothe City of Lansing, Ingham County, Michigan, (Liber 2, Page 12) to the East line;thence South 88 degrees 53'28" East, 388.16 feet; thence South 01 degrees30'42" West, 502.98 feet to the point of beginning.
Approval of this Brownfield Plan will enable the Lansing BrownfieldRedevelopment Authority to capture incremental tax increases which result fromthe redevelopment of the property to pay for costs associated therewith. Furtherinformation regarding this issue may be obtained from Ken Szymusiak, EconomicDevelopment Corporation of the City of Lansing, 401 N. Washington Square,Suite 100, Lansing, MI 48933, (517) 483-4140.
Chris Swope, Lansing City Clerk
®r RedevelopmentmEastside.:
.cry, LLC
_Lansing Brownfield RedevelopmentAuthorityLan:sing_1Vlichgan
Lansing Economic Development Corporation401 S, Washington Square, Suite 100
Lansing, Michigan 48933
Approved by the Brownfield Redevelopment Authority onq-3-7_010
Section
Table' of Contents
Site Location and Photos 1Project Summary Sheet :t 2Past Use of the Property - Site History 3...
..The Lansing Brownfield Redevelopment Authority : : 3Brownfield Project Description 4Eligible Activities Planned for Reimbursement 6Captured Taxable Value'& Tax Increment Revenues ...:: 7
gthod of Brownfield PlanTinancing 79.Amount of Note or Bonded Indebtedness Incurred ; 810.
Estimated Impact on Taxing Jurisdictions :..
. 811.
Duration of the Brownfield Plan 9..: ...12.
Legal Description & Site Map 913.
Personal Property 9Dzsplacemeut ofI'ersons,, 9Site Rem.ediahozz Revolving Fund 9Other Information
: 9
atiles;
16:
Table 11?ab1e 2Table =3
Exhibits.:,
Brownfield Eligible Activities;Tax Increanent'- Fiii ancing (TIF) TableMBT Eligible Investment
Exhibit A
Property Boundaries, Project Areas and Legal Descriptionof the Property
Exhibit B
Phase II Environmental Site Assessment Summary andSample Locations
Exhibit C
Eligible Activities Definitions and Reixnbu _-ementProcedures
I
ProiectSummary Sheet - Brownfield Plan #49(a mendment #1
roJec't
.xie
Liner
.'L'ocation
Business
.Property
Marshall Street^Ainory Reaevelo^arient ryDastide.Armory, LLC
The Developer, Eastside .4n-nary , 1- LC1VMr. Patrcl Gi]lespie,-Lansing Michxgaz
300 Elvu.'Co,rt
aging;-Partner,
Proper Th uire & .Size
Project Description
3'3 01 Oi 15226 012 (4,2t9--acres, 41,648
building)Project One .Are• (Parcel A.): "J :87 acres, 41, 648 scq. ft. building
oject Two Areac'aroel B)' .62 acres
oject °One Area is the redevelopment of the historical,Marshall Street Armory,in.to a , vibrant "non-profit"
e L (' 1 0 [:ter' S £ox the Lansxn.g;t^
and Project Two Area will.L
F; 'Project One, ri^xe'-wi
p] r eeniately X5;498;;620,Developer
. hives ment:
Estimated -Tub
Creati.on]1 etentios this xeclevelopment will re"suit in tae creation oT 85=to .100temporary construction related jobs. In addition to the..construction related jobs, .the redevelopment will retain 45approximately existing. jobs aria create approximately 35'new°boos;-
Duration Of P
24 year
483,332 Property Taxes Paid by Eastside Armory
18,863 To City of Lansing136,024 To Lansing School District19,500 To otherLocal Tax Units
8 38,533 To State Education Tax
$ 212,921 Total to Tax Units
29,721 For LBRA Administration14,860 To T BRA- Re
Fund225;830 To 'Reimburse Develo?er
$ 270,411 `r"'‘rota Mr Tai Capture
. Property TaxesGenerated by
eat:Over the life of Plan)
Uses_ of Taxes
Total Uses of Taxes:
$ •483,332
3.
Past Use of the Property - Site .story <.
The 4,>49 acre; 41,648sq. ft U^uldrng'b.rownfield;;project:a ,eahereinafter:referred'toas ("the Property")„ was last used :by the ,Mkhigaii' Armory National Guard as- the,Lansing Artillery Armory.? The Proper.ty. lid been vacant since' 2000: The addressof the Property is 300, Elvin Court .The Property is :adjacent :n-rid .to-the south= of
engill Middle School: ,and, to the _T-West.: of Lansing Catholic'' Center .High:' ThePattProperty is currently zone&B Residential;Siiigle.= A .zenin.g change_an:dPa:mel.splitmaybe required for the proposed and future redevelopment of the. Property. '.TheProperty also has a large open section of area intended to be used as parking andgreen apace. The Property aerviced.by.;pubIic:;:water is-appl ed by:.the Board-.bfWater and Light; sewage, dispos al is by public utility as well, -1The.:age 'of :the-sewersystem zs zLnkp own_
The Property was historically part oft 27=acre site (Lansing Artillery Ariuory -Site)w uch consisted of ;air' Arnaery; ;a former military vehicle .rep'air garage and =a ridinghall. In 2Q04; the Lansing Artillery,Armory Site ::was split up into :;tW co--separateparcels. The Armory was split from the riding hall and garage. The Property:Wasused an armory from 1924 to approximately 2006. From 2006 to present the
m
buildg located on::the .;Property no longer., operaten as an :Armory. TheMichigan' Army National Guard usedethe buildrngfor administrative :offices=and: asa drill. hall .No record, were: reviewed indicating that a -shootilig range wasoperated in:,the building.
The :Eligible_Property (3.3.-0.1-01 1:5:22.6 012).-is a:_"facility, " _and -each projectarea(Project.Aloe 'Area andeProject TwoArea) gzia1es.-independently-'a5 a a facittty°asdefined by Part 201 of Michigan's Natural Resources and Environmental ProtectionAct (P._g 451
Amended) Abase:d on the, rasults-ofthe,chemical,analyses-of . sorl and
Arsenic, mercury and selenium were . measured in soil samples at aconcentration above the Part 201 Generic _Residential Cleanup.. Criteriaand Screening LevelsProtection (DWP) and, , Groundwater Surface Water Interface , (GST)Protection Criteria.
Arsenic, barium, copper, lead and -silver were measured ill groundwatersamples at a concentration above the residential cleanup criteria for DWI'and GSI Protection Criteria:,
eLansing-Brownfield :R.edeveloprnentAuthority
In August of 1997, the Lansing City Council established the Lansing Brownfield.Redevelopment Authority (LBRA) :and designatedthe-entire:City as2a.13rownfieldZone_ a", e,przm ry;purpose of theLBRA,rs;to:encourage the.:redevelopm.ent ofblighted, co)3tam3-3ated andfnctionally:obsoleteproperty,:within theBrow.nfieldZone by providing financial incentives.
5.
Brownfield Project Description
Eastside Arino:ry;.LLC s proposing to'redevelop the'vacant, lustorzc marshii11 Street, , Aniaory,; whic]i:.isl'ocated at' 300 Elvm ourt Lansing, Michigan., The } build, n g isapproxi.n ately`41,6.48isquare feet: arid,has,been vacar t since 2006:'The Developer 'isfinalizing negations to redevelop the structure into a vibrant "noxi pro.5:t"headquarters 'fox the Larising Region This'fac l Will
'regional ':nonprofit-organizations and:potentially'other on-profits into Lansing's Ea"stsideNeighborhood
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The ,consolidation of area non-profits will' createa hub for collaboration and red:abeoperational costs Through consolidating offices, the'non.-profits'will be able to shareoffice equipment, common spaces, and administrative staff. These types ,ofcost'sharing measures are necessary as non-profits, throughout Michigan, experience asustainable, reductionin 'charitable contributions The, charitable' reductionsare a direct result of ichigan's curienteconomic conditions This consolidation Of
„operational costs will,protectthefin.a aciel'viabilityaa dexistences;'oftheseorganizations r`
The Pxojeet One Area(as,;described on page five) js:predominantly covered by theexisting )nulding and<surfa.ce parking Portions of the surface parlrnnag willrremoved,patched, and/or-;repaired The Entrance walkway rails are^to)berefinislied: Torestore this building will require an extensive interior and exterior, rehabilitationThe building consists of three floors. All exterior masonry walls show signs of waterpenetration/damage,and 4eaebi ,g: The facade'wrtl be, cleaned and tuck poi'atedThestob.'efacades'wi3l;beclean.ed,ai:a.d,applied,witliauclearsealer and finish.-.
Professionalfof ce spaeesAreanticipatedtobe created on :»i}-three fLoora. This willrequire interior demolition to elimi nate_partitionwalls wl it apresorving-the historicidentity of the structure. The structural columns and structural walls will remain;select existing masonry•and plaster walls will also reii axt^. Aii elevator shaft willalso.be incorpo :ated'into the.rehabilitation of tliis ,, structure. This°*ill provideaccess to all, three floors and require,additional. interior :,demolition:
The building's systems are obsolete and the building is extremely inefficient. TheHeating, Ventilating, and Air Conditioning (HVAC) and:^eTectrical'systeins will beremoved, replaced, or updated,throughout the entire ,structure ,This is anticipatedto provide energy savings and. lower operational expenses for the tenants.
,-l
The windows have areas of cracked/broken glass , failed`steel lintels and'deteriorating insulation sealants. The windows will be repaired and/or replaced asnecessary throughout-the bi1ding.' All Window replacements will be'=dens . withhistoric replica windows that meet current Department of Interior standards.
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Thi"s:xedeve7o'panent,will result in theicreation.iof'85^•to 100 to -aporary con struction"
related jobs. In'addtion to the construction'relatedfobs, theareae`velopineiit willrate in,-45 approximately, existing jobs and: 'create ,approiantately
job's .'.
redevelopment of this prop efty-wdttld restilt -in , appiroXi-niately `$55
privateinvestment in the City of Lansing.
2-The Eastside Armory DeVelopm- ent is recluestineassistance of the.Biownfielcl ""Redevelopment, Authority, the City of Lansing and the State of Michigan l * napproving a If-?Townfielcl,pian . (I) provide tar -increment financial g using both localin. school taxes for costs incurredthroughout the eligible propert.
Y, an (2) tofacilitate approval Io „the Michigan Economic Growth Authority (MEGA) of multipleMichigan Business Tax Credits for eligible'investMent-to be made in what is knownas Project'rAre'a, PioJ'ec-t 2 Area and Future Projects Areas.
The eligible property (Pareel 'Int 33-01-01 -226o12 eludes 2 project areas:
- Project One.Area consists ofaportion of Parcel m# 33-01-01-15-226-012 as legallydescribed arid depicted on Exhibit A. Project One Area will include the restorationand rehabilitation the Marshall Street Armory (41,648 square-foot b u iiding) onapproximately I.87, acres of the-PropertyProperty; and
- Project Two-Area consists of the rem
pOrtIOIIS of the eligibleincluded in the legally deScribed areas for Project One Area a depicted on ExhibitA.
Parcel ID# 33-01-DI :15-226 =:012 makes up the eligible property and quelifies as a"facility" (see Exhibit B for facility explanation end sample 10caHon57)Whereas forthe p-urposes of the Brownfield MBT Credit Project One Area and ProjeCt Two Areaalso qualify on their own -as eligible property as they- are each d ep ,en''dentlYidentified as a "facility" (seeExhibit B for facility- explanation and sample locations).
The Developer-a-as also-requested and been approved for an Obsolete PropertyRehabilitation Act (OPRA) tax abatement through the City of Lansing and aBrownfield-Nlichi gan Bus tress Tax
T) credit through the Michigan EconomicGrowth Authority-.
Eligible Costs:
A breakdown of both Brownfield and Michigan Business Tax Creclitligible costscan be foundas tablerand-table-a _
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at:ate eee:,ef .
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ActivitiesEligi sle
:. Planned for Reimbursement,
The table below presents-the• anticipated'eligible'activities that will be completedfor Project One and. the estima ted',.elxgable costs assoazated<with:eachactivity:
igxb ajActi^rity, ,
;r Total ,
1 Enviro,^rn er tal Act
sties:,', IAssess^aent;Dine CaxeRemedzatxou;^Respozzse Etc
;.!odes - co xztxn
to
rincl
.. .gency)
Depte..oep:...
$37950
Portion of.#1,:reimbursed with Local Tax `$23,295Capture
Pox..tzonof;#1reiinbzsed vrith State Tax :
$14,655^`,^
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thJi ;^
`^' 'S" ^S
rs"it n•., i?.
Capture'Ck^4Y b/.:5^µ"F',^p
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filyi
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u' a }'^^/r
^ ti^
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350
Non=Exavironraental'Activities: =Publxe:Infrastructure; Site Piep, 'Demolition; L- ead& Asbestos Abatement,. Etc:.{iii cludescontingency) to DeveloperEst; Portion of #2 rei rr ►burss`cli-withi Local
`$87;880..
y
J.Est. Portion of #2 reimbursed with State
$0'Tax Capture^^iyl^
tk;.iL+^i''y.,fl)St$ ._^(,[^^{^
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Yt^.e ^.^n^l'4^;^rJ'.4 ^.f^>;- n it•F^S +" n^^ ^w ^^s^t'.S 6G^^^e^^^L.s^•',1..^^f^t^^^•i 3
r`'y77ycJtrl^^^^^^^^^'l:C.I.,"^,^Total Tax' C a ture A mouzitjRembursed' to Developer,.' $225;8:30 ',yy^'^FI j^!•^ -^i^ ll
^y^^ 1.c27µ l^*^C¢.) +
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kyn
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" 'ty
. ^ IA7/ A ):3. Amount VL'octzl, Tax Cap£u e`to LBRA=for ,oAcI iinistrativeand Legal Costs ::. $29,7214 Amount Local Tax Capture to LBRARevolvin_ Fia d $14 860L
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, ^Total Tax Capture to DeveloperLBRA $270,411
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3it.y •w."f•''J h5•65
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12.5% MBT Credit from State(MEDCIMEG.A)' to Develdper . ..$441,3.14.: .,Reimbursement to Developer $225,830Total Brownfield Incentives toDeveloper $667,144
Future redevelopment plans for the Project Two Area are being considered.. Basedon potential project concepts, the redevelopment of the site will require theexcavation and removal of contaminated soils at .an estimated cost of $225,000. Theredevelopment of the site will also require additional environmental assessments,site characterization, and the oversight of response activities at an estimated cost of$40,000. The, costs of these activities are not included for reimbursement in this
.Brownfield Plan and. a future Brownfield Plan amendment will be requested.
-Captured Taxable Value andTax I.neinent Revenues.,The LBRA, will
thcapture
tax increment _revenues from 2011 thxough-20B O. whichwill be genarateby. tlieincreaseintaxable value. The following table,provicles a--summary of the "anticipated taxable value and; the tax increment revenue which ifwill provide:
'
.e
.
TaxYeat.2011
e..ellicretaentALTakabl.6.Valtid12; 446
j.ncreata 1Tax1146'"'"
$4;'941 ,201220132014
$7,;4861;10,081
$446
2015
$12;:729
$7.582016
$15 ;430
$91920172018.2019
$18,184
$23;860'
$1,083
$1,421
202120222023 $851,9,31
.:e-,32-806 ..
..$5'0,739
2026,...2027
20242025
. _2080.2029.
- "-.-$879218'.
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"-
$935,489 -
.e'Le.-
.
.43,3,431184' 490
$36,670.$35;569.
'
-.
Thecuture.c.134' Premental ta-x-able value. an.d.associated tax increment-revenue is--bases] on the 2(110 base value ofethe Property as determined by the City Assessor,aia_&tlie actualinareaseLtaxable,value of the land and all future taxable-uproven ents on xhe PrOperty-during each year-of the Plan. Furthermore,-the- --.anaR44pf tax morement revenue available under -this Plan will be based i on 90%--of
vthealue
ctnresu
al .rlting
nillafge lrom evithe rede
edeannuallyv
eloby each taxing-ju is dictioneligible antlid e approved for
capture-r--All: "taxingIrnits-will experience- an increase in prop erty tax revenue thatwhen totaled is eqnivalent to 10% of the increase in. tax revenue of the property.These funds are included iiithe incremental taxes captured The calculations al -sofigure'-in. a'90% State Capture;"-Which alloWs reiMbursement for response ac-:Efviife- s-
s9hool taxes p aid- The
mg to the State ofl/lichigan.fora Brownfield Michi ean Business Tax credit I _s
8.
Method of Brownfield Plan Financing
e. e Ti
The costs associated with the local and. state capture of eligible activities, listed inSection 6 (Items 1-2) will be initially paid for by the Developer. The Developer willbe reimbursed for these costs by the LBRA utilizing 90% of the new local and statetaxes captured from the project over the twenty (20) years of this Plan. The current
7s
estimated costs to beieliebie foi i.i6itabue.Lit ritlio Developer`eloper: are`' $225,830.the actual capture is less than that projected. in this Plan, the total amount ofreirilbtifSeMent frointheLERAithe'Dev'
`-$2 26; 8 30 Any '...:toadditienaltarexenue caPtur'Cd during thi:sBr OW n.'
Plan.7
Eag''tsiae ArmorY, LLC tO fnllY '
' .
'wien'.
e0. l.Additionally, the LBRA will notreira"brur6es' ' e theteebD"ete:liopteir6for m.oreitte-IllihaFill1b:2Tib8el3a t
The L BRA, ,-5;vffi, provide fpancing. foi its costs to:nnplement and. administer the Planby uti.liznxg 10 0 offthe-local` taxes captured. I)ei', -rear fa-Ithe: cruiationOfthe Plan.This expense is noted.it Section. 6 (Item 3) aboVe
9. Amount ofNote or Bonded Ind'ebtednes's Incurred
..
:
None.
10. stimated Impact on Taxing Jurisdictions ,
The following
summary of,the , new t ax xeyenuea generated by the
Plan
taxing jurisdictioiig; Whose millage is subject .to cap care by the ,LBB.Aiunder thisThese.Ar...eeOtib-ations 'based on the proposed redevelopment
Jurisdiction . . 90%-of NewTaxes
10% of New - 100% ofTotal New
TaxesCollected
Taxes to-urtsdictions -Captured
...-....
--c.o-,unty :ofInham.- . $9;Z02- - - $65,980Regional-Aii itAuthority " . $4,.702 . : ...'$762- $5,464
-Capitol-Arai
portationAuthority, .
-
$19,982 ' $8;289-'" $28,221a,
r, '...!
z --':
:
Capital Area District Library $10,493 :aPotterP ark Zoo $2,7&8 .f
,,$44.'T:: -,-:
..
$8,20CitY
Lai-lei:4: .
, $103,863. ., ;A„ $16.,831 ,,,=.
i
$
6.84 f.i
. ,$2 D32 . -$2,03Z,.. 'Lansing Coramumty College,. $25,.6Q8 . ., ,.
$4,,150,, $29 ,!1 582Lari.giies.6E66r-'' Diriet Debt '
"$b'
,$:id,78o
-f="u'
.$15,780,
Ingham IntermeLate Saida:District':'
' $31,584 .', , (,i . $ , 13-P.,..:
.,.,;
, 1 ,
..
.
eLtid's.18'OhdOl
Crating T^it* -'i , $10;'980 116,1 g6, ''
$106'.-1,1'",
.ft
.
*With the)approval ,of the Michigan Econoiraic Development
of the Michigan Economic Growth. Authority 'and:iMia
"alResources and Envaronraent (MDNRE) for tax capture of 90% of the new SchoolOperating and State Educational TaiCe''Wilrbe reimbursed foiThose values are then reimbursed to those taxing entities on a yearly basis.
i
.
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:.o
t.i
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8
.11. Duration. of the Brownfield Plan
,„.unlessamended ,Uythe Lansing City Council, the Plan is antieipat .eakto.•remPir ineffect until the end of 2030.
12. Legal Description & Site Map
The: legal description of the Eligible Property is provided as Exhibit A.A Site Map is provided. pn ;page 1,,
13. Personal Property
Incremental tax revenues resulting from new personal property will be captured inthe same proportions as real property. These fun.ds.will be used to reimburse theLBRA. and Developer for eligible activities. The value of the new personal propertycannot be estimated at this time.
14. Displacement of Persons
There are no persons currently residing on the property.
15. Site Assessment and Remediation Revolving Funds
No Site Assessment and Remediation Revolving Funds will be used on. thisBrownfield Project.
16. Other Information.
The LBRA and the Lansing City Council, in accordance with the Act, may amendthis Plan in the future in order to fund additional eligible activities associated withthe Project described herein.
1
APPENDIX B: BROWNFIELD ELIGIBLE COSTS SUMMARYProposed Marshall St. Armory Development
300-Elvin Court AvenueLansing, Michigan
:lit .
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l..:y :. .ate-:,.^fT1F School
:^rl 'sueTIE-Local
SEA"t(1)
Phase I Environmental Assessment (ESA)-AAI 61.4% $
1,534 38,6% $
966 $2,500(2)
Phase II ESA 61.4% $
10,130 38.6% $
6,370 $16,500(3)
Baseline Environmental Assessment PEA) •. 61.4% $
3,069 38.6% $
1,931 $5,000
Work Plans-(4)
Brownfield Plan 61.4% $
1,534 38.6% $
966 $2,500(5)s'.
Work Plan 61.4% $
3,069 38.6% $
1,931 $5,000(6)-
Work Plan Review 61.4% $
920 38.6% $
580 $1,500u;camS';'r
-
_ --,IF/'tr•'
•s+.'75f
aes:,,
:SuLiofalt"Eridiiorimen`ta:
cl!"tle'.s•-.!;.
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TOtaEnvlronmental;Retiviles>:-
;.
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..,616'1=4%;
.
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$>
3,295,..:
ar:-: oq._+_,rj 386/ova $^^w 14, 655
r
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$37,,950
Demolition(7)'
Building Demolition (Interior/Site) 100.0% $
75,500 0.0% $ $75,500(8)
Abatement 100.0% $
19,689 0.0% $ $19,689
Site Preparation(9)
Excavation and Grading 100.0% $
59,185 0.0% $ $59,185
Work Plans- -(10)
Brownfield Plan 100.0% $
2,500 0.0% $
- $2,500(11)
Work Plan 100.0% $
5,000 0.0% $ $5,000(12) ;
Work Plan Review 100.0% $
1,500 0.0% $
.: $1,500
Weis!` 9bPta NnEPvlro^i entafAcit'vlt
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GRAND TOTAL 93.5% $ 211,175 6.5% $
14,655 $225,830
TABLE 2
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Marshall St. Armory Redevelopment-MBT Eligible Investment: 08/20/2010Eastside Armory, LLC
MITT Eligible Investment Site Improvements Restoration/RenovationLand acquisition cost $ 200,000 $ - $ $ _
Hard CostsOff-site improvements $ - $ $ -
$On-site improvements
, $ '195,374 $ 195,374 $ 195,374
$Landscaping and irrigation $ 15,900 $ 15,900 $ 15,900
$Excavation and Grading $ 59,185 $ -
$ -Structures $
. 2,635,188 $ 2,635,188 $ -
$ 2,635,188Demolition and Abatement $ 94,700 $ $' -
$ -General Requirments $ 63,600 $ 63,600 $ 4,452
$ 59,148Builder Profit & Overhead $ 174,903 $ 174,903 $ 12,243
$ 162,660Permits/Bonds/Cost Cert` $ 18,500 $ 18,500 $ 1,295
$ 17,205Contingency $ 325,735 $ 310,347 $ 22 ,926
$ . 287,420Total Hard costs $ 3,583,085 3,413,812 252,191 3,161,621
Soft CostsArchitectural
?_. $ 114,200 . $ 114,200 $ -
$ 114,200Site Plan and Engineering $ 2,500 $ 2 ,500 $ -
$ 2,500Property Taxes $ 30,000 $ $ -
$Accounting .$ 35,000 $ $
-$
Legal $ 45,000 $ $ -
$Insurance $ 10,375, $ $ -$Application Fees $ 28,303 $
' $ $Real Estate Fees $ .228,500 $ $ -
$ -Financing Fees $ 23,714 $
. $ -
$Title Work $ 15,000 $ $ -
$PUT Option Reserve $ 78,067 $ $ -$Investor Return Reserve 83,067 $ -
$Marketing $ 26,500 $ $ -
$Construction Interest $ 177,859 $ $ $Market Study $ 7,500 $ $ $Environmental* $ 37,950 $' $ -
$Developer Overhead $ 32,000 . $ $ $Developer Fee $ 740,000 $ $ -
$Total Soft Costs $ 1,715,535 $ 116,700 $ -
$ 116,700
TOTAL DEVELOPMENT COSTS $
5,498,620 $ 3,530,512 $ 252,191
$ 3,278,321
MBT CREDIT AMOUNT $ 441,314
PROPERTY BOUNDARIES, PROJECT AREAS, AND LEGAL DESCRIPTIONS
(CER7FED : OUNDARY SURVEY
PREPARED' FORGILLESPIE::GROUP:
2501 -'COOLIDGE: :ROAD; SUITE,,,501EAST :LANSING,':MI ,45823
:;NEf-OCR.
,_T4NSEC. 15
, RZW'L5iP.584.I.C.R.
N 88532& W 390.06'^G:.rvlc:LXC,^,; ss.-::a,ee;:^x,^s:..•;: = c?•tti^ LZ:
N86'53'28
r18
F" oIl
7...--';'
-, 'di°
- Id-1112
w a .gig !ff
BROWN INS. AGENCY-•ADDITION TO THE CITY OFLANSING L 4 P 15, ;,_
NCTE -LAND-DIVISION-CORNERS HAVE NOT BEEN SET AS OF 08/18/2010
ngineers "-
urvyor
3`1_5,'Pme:'Ttce_Roid.5uitE D, Lansing,'_'m 48911 ='Ph:517-3,93-290 2 • Fx 617;393-26 08
'
'E , : IFED i NLDA RYSU Y.
";'PREPAREDr=OR:LG,IL:LESPIEOGROUP
:250:1 ti CO OLIO
ITE:'.:50'1'EAST LANSING,-,Ml 48823
LEGAL DESCRIPTION:
PARCEL AA parcel of land, being part of the Northeast 1/4 of Section 15, T4N, R2W, City ofLansing, Ingham County, Michigan being more particularly described as: Commencingat the Northeast Corner of Section 15, T4N, R2W; thence S01'44 '4,4"W,. 1600.25 feetalong the East line of said Section 15 also being '`the`West •1ine'" of Adam's Additionto the,City of Lansing, Ingham County, Michigan (Liber 4, Page 25) to the Northeastcornerrliof Longyear's Addition to the City of Lansing, Ingham County, Michigan (Liber2, Page 17); thence N88'5328 'W, 759.55 feet along the' North line of saidLongyear's Addition, the North line of J,B. Rayner's Addition to the City of Lansing,Ingham;;' County, Michigan (Liber 3, Page 20), tithe North line of Brown 's InsuranceAgency" Addition to the. ;, City eofl;i'Lancing, Ingham County, Mrciirgon (Liber 4, Page 15)and the North line of Rumseys Michigan ;Avenue Additlon ' to; the ,City of Lansing,'Ingham County, Michigan (Liber. 2, Poge 12),i to the. ,.,East line .of Marshall Street (60foot Wide public right !of way); thence N01'4341''.'E 37750 feet along ' said East line,to the point of beginning of the following ,described parcel; thence continuingN01'43'41 "E, 125,50 feet along said East line; thence 988'53 '28 "E, 31383 feet;thence 501'30 '42 "W ':260.68 feet; thence 503'46 '04 "E 77.91 feet; thence
;._. N88r53'28 "W,,.202.98 meet; thence N01'00 '25"E, 212.81 feet; thencea N8853 '28"W,116.65 feet to the Point of Beginning. Containing 1.87 acres, more or less.
PARCEL Bn'k,parcet of land, being' part of nitre Northeast '1/4 of 'Section 45, T4Nr R2W, City ofLansing, Ingham County, Michigan being more ' ' particularly described es: Commencing'attire Northeast Corner of Section 15,1' T4N, R2N;; thence SO1'44 '44"W, 1600.25 feetalong the East line of ,said Section 15 also being the. West 'line of" Adam's Additionto`''the City of Lansing, -Ingham County, Michigan (Liber ;4, Page 25) to the Northeastcorner of Langyear 's Addition`°to, the City of Lansing, Ingham County, MMfichician (Liber2, Page 17);: thence ';N88°53'28 "W 1389 49 `feet -along the } North c`fine of saidLongyear's Addition anon the North line of d.B,Rayner's Addition to the, City ofLansing, Inghami Countyi Michigan (Liber 3, Page ;20) to the ,point of beginning ofthe foflowing;,descnbed arcel; thence' continuing N885328 W 390.06 Meet along saidNorth-Me, and 'the-North line. .0f Brown 's 'Insurance Agency Addition to the,; City ofLansing,'' Ingham 'County, "Michigan (Liber `4, Page 15) ,and the North line of f C,',ymsey'sMichigan Avenue Addition' to the City of Lansing, ingharn County, `,Michigan i(Liber 2,Page 12) to . the East 'line of Marshall, Street (60 feot wide 'public right of way);thence N01 43'4,1 E,._377.50 feet along ' :said rEast line; thence S88'53'28 E, - . 116.65feet; thence S01 00 '55")V, 212.81 feet; thence 588'53 '28"E 202.96 feet, thence:N0346'04"W, 7,7.91 feet4 thence N01'30'42 "E, 260.68. feet, thence, S885,;'26"E, 74.33feet, ;.thence ,ee ..50238 feet;'to the Point, ' , of, Beginning " Containing 2.62gores, more or less
tgeBearings were based upon the legal description,,of record for-the overall parcel.
CER71FICATE OF .SURVEYI, Wendy S. Fuller, do hereby certify that thin survey Was performed under my' - direct eirpervielon and My com ilea with the requirementsof Public Act i32 of 1970, on amendod, that we have verified or established the corners of the.parcel as Indicated, and that the ratioof clorarro of The unad1ueted field .obaervatlen In no greater than 1 part In 6000,
Wendy S: FullerPrat .n onol Surveyor No. 47999If the dgnabire and seal appeain4 on chin survey ore net original, the survey is an unouthori ed capy thatIn presumed to:,WWRtalq;91tstalifle. The=eerO9cotiddacbritelned on unauthorized caps shall be null and told.
*Wm BY.4
nisteMe:.Rar . Oe¢WI s WSP;.,.R
REGCeaaa .:/,uav sr ,Cittd0e 9Y l<Re
FVwro cuReur',o wr urm,: PROJECT ,N 0 >04.22190020 rE JUNE 17,x:2010, sHEErNO ., r ^ i.).,
OF 2` .. eu' SED: 07M/2010, neflo/ioio
ErlgmeersSurveyors
iJ135 Pine 2xee Road, Suite D„L
2605ansing-i JT 46911
h'5^7 393=2902 1!s 517 393-
Fir^stAmericarz Title Insurance Company
SCSEDTJLE A
COMNIITMRNT NO.: 0929481, Commitment Date: 11/09/2009 at 7:59AM
2, Policy (or policies) to be issued:
a. ALTA Owner's Policy
Policy AmountProposed Insured: TO BE DETERMINED
$ 200,000.00
b. ALTA Loan PolicyProposed Insured:
Policy Amount$
3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by
Michigan Department of Military and Veterans Affairs for the State of Michigan
The land referred to in this Commitment is described as follows:
Located in the City of Lansing, County of InElaem., State of Michigan, and is described as:
A parcel of land being part of the NE 1l of Section 15, T4N, R2W, City of Lansing, ?InghamCounty, Michigan, being more particularly described as: commencing at the NE corner ofSection 15, T4N, R2W; thence South 01 degrees 44'44" West, 1600.25 feet along the 'East line ofsaid Section 15 also being the West line of Adam's Addition to the City of Lansing, InghamCounty, Michigan (Liber 4, Page 25) to the NE earner of Longpear's Addition to the City ofLansing, Ingham County, Michigan (Liber 2, Page 17); thence North 88 degrees 53'28" West,369:49 feet along the North line of said Langyear's Addition and theNorth line of J.B. Rayner'sAddition to the City. of Lansing, Ingham County, Michigan (Liber 3, Page 20) to the point ofbeginning of. the following described parcel; thence continuing North 88 degrees 53'28" West,390.06 feet along the North line of Brown's Insurance Agency Addition to the City of Lansing,Ingham County, Michigan, (Liber4, Page 15) and the North line of Runnsey's Michigan AvenueAddition to the City of Lansing, Ingham County Mieh'gan, (Liber 2, Page 12) to the East line of
. Marshall Street; thence North. 01 degrees 43'41" East, 503.00 feet along said East line; thenceSouth 88 degrees 53'28" East, 388.16 feet; thence South 01 degrees 30'42" West, 502.98 feet tothe point of beginning.
.
Commonly known as 300 Elvin Ct, Lansing, MI
Diversified National Title Agency, LLC500 E Michigan Avenue, .Lansing, MI 48912
Phone: 51 7332.1449 Fax:. 517332.1456
Schedule B -Section II -.2006 ALTA Commitment
EXHIBIT B
PHASE II ENVIRONMENTAL SITE ASSESSMENT SUMMARY AND SAMPLELOCATIONS
::,.
PHASE H E ivirm zffiental'Site Assessment Summary -
Soil and Materials Engineers, Inc. (SHE) prepared this letter to ::summarize our Phase IIEnvironmental Site Assessment (ESA) activities conducted at the rabove;referenced ..site(Property). The Property is located at 300 Elvin Court,'u Lansitig,,Iugham County, Michigan.The Property consists of approximately 4:49 acres`'of-land (developed with an approximately41,000 square foot, two-story building located on.tlie 'central -portion of the Property.
and. conclusions. are. summarized in the sections
SME completed the following scope of services for this Phase II ESA:
1. On. January 8, 2Q10, SME advanced 12 direct push borings, labeled SB1 through SB12,and two band auger borings, labeled HAl and HA2, at the locations depicted on FigureNo. 2 in Attachment A. The soil borings were advanced to depths ranging from 8 to 15.
;feet below the ground surface (bgs) The hand auger borings were advanced to a depth of;<two feet bgs.
2. SME submitted 13 soil and five groundwater samples from the Property and submittedthe samples for chemical analysis for volatile organic compounds (VOCs),polynucleararoma tic hydrocarbons (PAHs), and -10 , Michigan-Metals (arsenic, -barium cadmium,chroniiim `'copper, _lead mercury, selenium, salver and zinc) One soil sample (SRI 1),with total lead concentrations greater ithan75 rrmg/kg, also was submitted for chemicalanalysis of lead as fine/coarse fractions in accordance with the Michigan Department ofEnvironmental Quality Remediation and Redevelopment Division's (MDEQ aRRD's)
erational Memorandum.rNo_ 2 dated :October . 22, 2004.r Fibertee P,rnvironm-entalervices(Fibertec) of Holt, Michigan provided. subcontracted laboratory services- The
laboratory analytical reportand-chain-of,custody is attached.
3. SME compared the analytical results to Michigan Department of Natural Resources andEnvironment (NfDNRE) Part 201 Generic Residential Cleanup Criteria (GRCC) datedJanuary 23, 2006. Table 1 and Table 2 (attached) present the chemical analyses resultsfor soil and groundwater samples compared to Part 201 GRCC.
FINDINGS
VOCs/PAHs
No concentrations of VOCs/PAHs were measured above Part 201 GRCC in the submitted soiland groundwater samples.
MetalsAt SB1, arsenic was measured in soil, and silver was measured in groundwater . above the Part
201 Generic Residential D'wp. andGSI'Critexia', SB1was located on-the northern portion ofProperty. At 07, arsenic, barium., copper, lead and silver. were measured in groundwater abovethe"Fart 201 Generic Residential, DWP and'GSI Protecton Criteria SB7 was located in thepaslcinglot on ' the, western!' portion of'theeProperty, At SB8, arsenic, l^zereury and4selenium werein `soil t`azid barium, scapper, ;lead and silver were zrieasured in 'grouridwater above 'the 'Part 201GrenericR esidential DWP and GSI Protection ' Criteria SB8 wa,s 4also located in theparking lot onthe western portion of the Property.' At SB11, arsenic was measured in soil above the Part 201Generic Residential DWP and GSI Criteria. SBI 1 was located on the southern portion ofProperty. '' At SB12 arsenicandseleniumwas measured in soil above thePart201 GenericResidential DWP and GSI Criteria. SB12 was 'also located on. the 'southerr portion oftheProperty. Chromium IV was measured in all 14 soil samples above the Part 201 GenericResidential GSI Criteria. The'sample locati9nlocation s a e sh own on Figure 2 of Attachment A.
Based on the results 'of SMB's Phase IIPSA, the Property ss eets'tla defirixtioii' of a `-facility" asdefined by Part 201 of the Natural Resources Environmental Protection Adt,' ,Pub c' Act 451 of,1994, as art e4lcle 3 (I EPA).
y,
„ E.
Ira. .ie ocess of obtair ig ii zmationm prn of s report SIVlE^followe^l proceduresthat re resent current reasonable"and°'accepted :ezlgirleermg and ydrogeo ogical practices andPprinciples, in a manner consistent with the level or care and -skill oi;cinrily exercised bymeiibers of these professions:
' r
S1VIE understands Bastside Armory, LLC wall rely, upon the professional options andrepresentations'contaizied iri flus report'in accordanceiththe,terms and cor?difioiis agreed uponfor the project. This relianceis "not°to ` be construed as a:wai^ranty or guarantee on the part of
TABLE 1SOIL ANALYTICAL RESULTS
' FORMER MARSHALL STREET ARMORY300 ELVIN COURT
LANSING, 071CIIIGANSME P1'IJect No. LE60548A
1'ngo l of 1
.
A
I1zeJ C.:oustlh0euts
-"'.':'
,61nF.ll Pell201 Cenerle nesldnill7m0 CUtumcrUn11 G roins a.,d Screening LevelsS
11
Id OR
Iln,011cciedSnns_sh ln(er
i, turd Dille C.-:..:..0.2.00
ui:
3Ft ,..,
•1.."'
00 060,00,00w. 13. ,
s r10}r:^1,
'.L•I.S.,n 1.. 1x.4,1, wt,,........:..
---• '°•^-°•. WaterDrs d<lug
CS75-Condhuenl
Prdtec0
i
Crdlecli
i
1Criteria
CritorI.
80:
{vl'
7rf
wr.,zer a+,...:
hir e dC ulnaClitoris
!}r
>:^I
11811010
^r. _ .:$yra•
SB Gf,-
25
-
:11812010
L'vl
',e, ' 0.10100010-s--00-3011-000:08.001614,00u.pl;1^l.tMIL
'
4051
11812010
0<IR?•l. .r8b2 c4 5'
...a •-lisSD3'1 -2
4.1
rli}..i
SUd 'T-D
`^ a ^.
S091 2
1/8/2010
z.. ^.6SDID1'-2'
'11812010
.a A,x.J
SDII1
Z'-
11811010 .
566
_".1'-2'
1/8/2010
bupli<nlcISMS
7!412010
801212'
118/2010-
IiAI1'-2'
1/1/2010
HA2
1/81201011012010 1/S/2010 IB/2010,0"
Dlh r\OCCo sl I
a
-
-PAN
- 4.
a
.-:..
,k)r' 9s,c0536',6SWttC-
x
41S 'IL . <RL
^MOLUeElEgEMSOII -
♦_e PAH C
0w
is
" VAvC.
VAvC.'"d u
-v ldorennles,..Jal, iV/wC - ®^ [ I
1].!0 300101005000
®
ESMEHIWZSE
67 7
x
II ^^..S-An-
001,000160g.
^MYa'
1.;®®
'00'f 50'
®®®
1
-A nnc
-
7440,38-2
5;800
23,000 7,600 5100t
5
3,9001 ;=-,
i2,300
,=;. 1`v.'n3,400 2,400. 4,500 4 700 5 700. .4,500
•s-fe,i^3,700
rl;re,-i4,80D
k9 s3_0.800
:y,Y4,600
ITEM3,700.
0miunt e'.
79 .1079.3'
.1700,1100
190,000 37,000,000 46',0)0 31,000 62,000 37,600 14,000 39,000 120060 160,000 37,000 36,000 53000- 79,000 34,000 35,000Cedmium•
7440-039
6,000
3,000 550,000 120 83 150 99 57 65 300 290 95 89 390 1130 86 88ClnmNumYl
18540.29-9
'30,000
3;3011 0 ,500,000 .15,000 9,000 13,000 11.000 4,900 IS,OUO oootia 15,000 10,000 70;000 02009 12,000 - 6608 9,600Copper'
7440-50-8
5,800.000
73,000 20,000,000 13,000 11,000 7,100 11,000 .6,100 13,000 1900 16000 12.000 12000 15,000 9,100 8000 10,000Lead (Into!}'
04399251
700,000
2,500,000. 400,000 15,000 5,400: 9,000 4,700 3,100 8;500- 22,000 69,000 5,100 5,200 85,400 16000 12000. 7,500-end (fine frncUOlU
-0039-92-1
80: 400,000 NE NE ` NE NE' I -^.
NB -
NE NG 1^8 - NE' NE ' -
NE NELrntl (co0rse facl
743992-1
"^n
aoMuocry (IOtaO Voiles
aop
a
J 400,000eo,ppo
... NE NE NE NC NE NE NE- NE' NE NE; 0 NE NE NE0
Selenium
(
778.49-^
.
;4,000
400s
-,4
2,600,000 2323
'. 0"00 340 '200 ',' 200 380 • X700 790 0"190 0200 390. 52050
. 47802
001'Silver
s
7440-22-4
4,500 48
100 2,500,000 I00
+
-0"l0p 0100 0100 g0lr <100 0"100.. <10P` I00 0100 -100 0100 0111O1 7440:66-6
b
1,400.60(1
• -
170,000 ...
100.000.006 .
- 32,000 .,:25,000 29,000 73,000 17A00 33,000 68;000'. :
46000 36,000 27000 _84000 36;000 31,000 .:26;000.
1- Ano114Ic I
h -
eo pared l h1DEQ 0-i I p
ted l /,6<1 sI,,
R01 i'nr l 0101 E simn ninlnl R c 11000^^,086001, Ines
OJCnvi
en11Protection Ad 1994 PA451, ' If lh 1 n Iy1220002. Conccnlrall
900 di 006 (p d p0 billion 0r 1110).
}.
8040:540
,'•;"3.'00Slnrol 1
sal I lydr r Ilm166160.0 n0eteI nolr,d MDE r
tResultsn pros I dfr sur)renplcrecetsin
p6p4,1 o 0fo 1 I I g,G81,A detwdl:mlc imtdne vnlue or 130 MAN. C0C03 rvnc Cued to eetcut to ask-"
4. VAC- Vnrite0Hh cam io,nn t:
Ebodies thmaro piolrefed eie ddni6n h mlcrcource.
5.00(01) ^ Result was less than Or lnboratcry rep0/106 (lmlu.
-
-
-0. 510ding lndlceles the 010.6vp cdl%da exceeded end Inc larrcspoedlnp nnarylial result.7. (D). Calculorcderiteriav =weeds 100 1,0..00 hence Il is r0Jueed Id 108 percent or 1,000,000,000 ppb.
-I.70gc1 "000e eoneenr,dltm0e were olm e0mpa,0610 ('.0201 gmumlnaterennlnel prolrelion, foil sohollIlnallan 10 indoor air, anloleol air rind paOICUIn1asOB Inhalalian cdldin (nol lilted innl0we Inble);the mansuled cone enlmliord rid rrol .seed Ihlsmlcm.9. NE. Cdlerion 0010.ldcled.IO.NA-Less lh anrnegr0010fflnefraction Di llic eiyeunalysisof fine/coarse lend.I I. Criterion was above the stntewide default bockgloutd level tor gamic. 7(0271000, the criterion dersultsl9 the xlulewlde bncllground lore!.12, 50 -Criterion or 1niue is not 50011,1ie
TAuLo2GROUNDWATER ANALYTICA L RESULTS
^^ COURTLANSING, MICHIGAN
ShO Project lqQ-
LE60548Anng" I of I
FORMER
ced .0 (lieu Is
'
: ItIDEQ Paw 291 Generic ResIdeollullindosIrInI Clcnnup Crller.fo .d &caching
Semple'
Screen Depth. and CoMeclien
5132 7 i FIELD BLANK" TRIP BLANK=GW
urriber D.InkInipAl.t^r .t .
Corr ocr Se I
61116,
imI2010
!
118tFii1lo 1/8
010 :
ulna VOC Constituents
RaIRRIUMA rsenic ,7440.3vi 10 4,309 O&M
ECpdmiinn
., 1 , 7sso-s 3:91 2. NowNA: :
HE,
1,000 (E)WEWE
NENE!,
MTV
7782-49-2 50 970.000 NAS 1*1
j:o
74 f 0.21 . - WE MEZinc 8 6:= 7440-60-6 4400 17()
oo^ .
t. /ot,'AittE..rie;;'t6
.;d-t. D
cria
erttOd
1
•
-
'.';•
' '
"OQ.l
pn.
.Ad InrSt.breltulerforPan201,D vtromnentnl ctncthnml._
,Entionuneptal Protection Alit, 1994 PA 451, ell'ecllve
23;2606.
.
-
-'3.
pp pa per =orlb "Inatletinotc data to develop criterion.
4. (El .. Grilcrion is the aesthetic drinking water value5.(DI ) .. C111colatca crkerion i3 helm the tnnlytiol Impel detection Unlit, Iltetr.fbre. the ctilcrion erelhults
t.tg.l 4414=094.0446chntions Iv= also corn.ixxed to Pan 201 groundwatcr volalilizelIan kind= aircrileda (not listed in above table); the rnearured eoncenlratimn tut' ost
fhb ...its&7. WK. = Verbs .Ith corullttrenl.8.(<RLI Resell was
Um labonocny
Omits.9. NA ,
or rolue is not available. NS= Crlkvion not tvaloa led.10.Shading
the cleanup
exceeded and the corresponding
result.1 I. 18 OSI
Acts tsluulnteti for II e indImied rnetats osioa IdDECI sprearl.t for .Icola ling DS). A d era t macshapless valoe of 150 ntglkg us CaCO3
caeulasc GM.
12. 1.1• +The real' ic an egininied value,Resolb pnneotcd Ibr=Ace water ...calving boas thatrueprotected ~~~~^"eater ~~~
but tb-any be blend -
:
!
RESIDENTIALDWELLINGS.
. LCC SCHOOLS SPORTS COMPLEX
MARSHALL STREET
ZO
QmMMWWWAke
^
^.bay city ,
toledo
*12-2m^
- JABDesigned By
S.M.
Noted
SAMPLE LOCATION.DIAGRAM ,
FORMER MARSHALL STREET ARMORY
LANSING,
MICHIGAN
ELIGIBLE'A.CTIVITIES DEFINITIONS AND REIMBURSEMENT PROCEDURES
r
The Lansing Brownfield Redevelopment Authority ("LBRA") will be governed in itsdeterminations as to whether activities are eligible for reimbursement or financingamderethe Brownfield Redevelopment Financing Act, 1996 PA 381, as amended ("the Act"), by Lthe
deflation both set forth and those incorporated into the Act and by relevant rulespromulgated as part of the Michigan Administrative Code governing "eligible activities" -_:referenced in the Act. The LBRA may also consider guidance and memoranda issued bythe Michigan Department of Environmental Quality ("MDEQ" .and the MichiganEconomic Growth Authority ("MEGA"), as they may relate to "eligible activities" andsupporting documentation provided by applicants for LBRA funds.
"Eligible Activities" are defined in the Act as one or more of the following:
Baseline environmental assessment aeti 'ties.Due care activities.Additional response activities:Infrastructure improvements that directly benefit eligible property,Demolption of struct res that are not response activity under Section201 of the Natural Resources and Environmental Protection Act, 1994PA 451, MCL 324.20101.Lead and.asbestos abatement.Site 'preparation that is not response activity under Section 201 of theNatural Resources and Environmental Protection Act, 1994 PA 451,MCL 324.20101.Relocation of public baildAngs or operations for economicdevelopment purposes with prior approval of the Michigan EconomicDevelopmentAuthority.
EXHIBIT 'C.: ..Eligible Activities DefinitionsSe -Reimbursement Procedures
LANSING i3ItO VVNFIEL,D REDEVELOPME.AUTHORITYELIGIBLE ACTIVITIES .DEFINITIONS AND: GUIDAN(,.L+
ANhRE IMB URSEMENTT.'PROCEDURES
ADOPTED FOR REIMBURSEMENT OF LANSING .Ri OUSING-CO ISSION
Baseline Environmental Assessment Activities
"Baseline Environmental Assessment Activities" are defined in the Act as those "responseas part of a "brownfield plan" that are necessary to complete a
"baseline emir' onmental assessnient" for an "hgi iie,praperty"bs the "browiif"ield plan".
"Base iiae"Environmental Assessment" ("BEA") is defined in Section 20101(1)(d) as An oval nation of envi
,,,:.,ronmental conditions which exist at a facility at
the time of^p^urchase, oaccupancy, 'or foreclosure that reasonably defines theexi
..stiaa conditions a^ad. `circuxYistance at the facility so that, in the event of a
subsequent release, here is a means of distinguishing the new release fromexisting contamination.
are ct^i"inesliai the Act as those "response acts ities" identified as partat are necessary to allow the owner or operator of an "eligible
comply with the regmremerlts of Section 2010'7a of Part 201 of .: .
ection.20107a o Part 201 of NREPA provides in relevant part as follows
A person who owns or operates propertY4hat he or she;has knowledge is a facility shall do all of the followingwith respect to hazardous substances atthe facility:
Undertake measures as necessar ' to preventexacerbation of the existing coutarniaiation.Exercise due care by undertaking response activitynecessary to mitigate unacceptable exposure tohazardous substances. mitigate fire and explosionhazards due to hazardous substances, and allow forthe iiatendetl use of the facility an azmanaier thatprotects the Public health and-safety.Take reasonable precautions 'against the reasonablyforeseeable acts or omission's of a third party andthe consequences thatforeseeably could result from
k Vi i.;. ,
,
.
t
I..
those acts or omissions.
Compliance with this section does not satisfy a person'sobligatiozx to perform response activities as otherwiserelluiredunder this Part.
Due Care Activities
"Due Care Activities'- of a'"brewnfield planproperty" 'na the plan toN P2.
"Response Activities" are defined in the Act by reference to the definition ,in Section 0101of Part 201 of NREPA.
"Response Activity" is defined in Section: 20101 of Part 201 of NREPA aSi'i,"evaluation", "interim response activity", "remedial action", demolition, orthe taking of 'other actions necessary .to protect the pub.lichealth, safety,welfare, the environment or the natural resources. Response activity alsoincludes health assessments or health.effect studies carried out-underthesupervision, or with the approval of, the department of public health and .,enforcement actions related to any response activity.
"Evaluation' is defined in ;Section 20101 of Part 201 of NREPA. as hoseactivities including, but not limited to, investigation, studies,•sampling,analysis, development of feasibility studies, and administrative efforts tliee lare needed to determine the nature, extent, and impact of a. release orrthreatof release and necessary response activities:
;,
"Interim Response Activity" is defined:in Section 20101 of Part 201 ofNREPA as the cleanup or removal of a released hazardous substance or thetaking of pother actions, prior to the implementation of aremedial action, as =may be,necessary to prevent,tminimize, or mitigate
":health, safety, welfare, or the environment. Interim response actxvi.'ty alsoincludes, but is not hnuted to, measures to limit access, replacement of watersupplies, and temporary relocation of people as determined -to `be necessary`by MDEQ. In addition, interim response activity means the taking of otheractions as maybe necessary to prevent, ixihW he r mitigate -a threateixedrelease.
"Remedial..Action" is;definedin `Sectian 20101 of art20 ofNREPA.-tinclude,but is . n of muted to 'cleanu : remo al co,^'
,
p,
, ritaxnxxneixt, xsolatxon,estruction, or4treatment of.a:hazardous substancereleased or threateaied foe :released into: the enviroxi ent,imonitoriug, main tenance, or the taking of`
other-:actions that may be necessary to prevent, iiuxumize or it itigate luryto the ,public health safety 'welfaz e :onto 'e environmient
Infrastructure Improvements
Infrastructure Improvements':.'=is:definedin the Act as a street, road,•sicl.ewalk, Parking
"Additional Response Activities" are defined in the Act as those "response activities" apart of a "brownfield plan" that are in addition to "baseline environmental assessmentactivities" and "due care activities" for an "eligible property".
facility, pedestrian mall, alley, bridge, sewer, sewage treatment plant, property 'designed . toreduce, eliminate or prevent the spread of identified soil or gr'o'undwater 'coritaminatioia; ;. '.:drainage system, waterway, waterline, water storage facility, rail line, utility line or .pipeline; or other similar related structure or impr.oventezmt, together with necessaryeasenieuts;for the,stracture or iniproveinent, ownodior>used by it public agency or 'functionally connected to similar or siipportingpropercy'owned or ,used ,by a= public agency,or designed or dedicated to use by, for the benefit of, or for the protection of the health,welfai e, ;ar: safety of;the public gener>ally whether.or'not Used* asmile business or 'entity,provided that nay road, street, or bridge shall be continuously open to public access andthat other property shall be located in public easements or right-of-way and sized toacconumovate reasorablyforeseea'blendeve'lopment'iof eiig ble property';in. adjoining areas.
Brownfield Plan and Eligible Property
"Eligible Property" is defined in the Act as property for which eligible activities are definedm der a browm.fi'eld plan that was used or Isscurrentlyused furled z^mnere gal,'>iudastrial orresidential purposes that is ,either hi a ;qual fledlocal.unit ofgovernment and is a facility,functionally obsolete, blighted, or is not in >a qualified local unit of government and is afac lity,,and includes parcels that are adjacent or contiguous to that 'property lithedevelopment of the adjacent and ee tiiguous parcels _are'estimated to .increase the capturedtaxable value of that property. Eligible property includes, to the extent hicluded in thebrowuf.eld plan personal property located on the property. Eligible property does notindocile qualified agricultural property exempt under Sectioni7ee of the `general propertytaxsA.ct,1983PA 206, MCL,211.7ee,from the tax levied by a local school district for schooloperating purposes to the extent provided urader Section 1211-of therevised'` gchool code,1976 PA. 451, Ii,1CL 324.20101.
ADMINISTRATIVE R ES
Baseline Envirenmental As ses.stnentf Rules, ,t, t:
Baseline Environmental Assessment Rules have been promulgated.as Rule 901 throughRule 919 ofthe lidichigawAdministrative ,CodeR_299 5901 to ,g2299 59,19>effective March 11,1999. MDEQhas alse puhiis aad guidance>on BEAs entitled "Instructions for=Preparingandpisclosing BaselineEnvironmeirtal Assessments and. Section 7a Compliance AnalysesI o„Xhe lbf ichigan Department ofE1avironmental Quality sand for l2egaaest g5OptionalDA-terminations," effective date lVlareh 11 1999 (iiinstructions".):, Th.e liBR !may take intoconsideration whethe an applicant's,pr,,op.osedractivities-Ffalltwithin.activities reasonablycontemplated by tlz'e Act, Rules and. Instructions, as they may be amended, and otherguidance as may be issued from time to time by the MDEQ.
The BEA, Rules, mnd Instructions reflect that in addition Ito, collecting ,data Co distinguish
"Bro vnfaeid Plniz"; is, definned,in the ,Act as a plan that meets thwrequiremez is of Section 13of the Actand is, adopted under Section 14>of the,Act
existing contamination from a new release, numerous forms, affidavits, notices, stipulations-and administrative review may be part of the "BEA activities".
The data required to distinguish existing contamination from a new release maybetilt oughone or more of the following: environmental data that characterizes conditions atthe property, engineering controls, isolation zones or stipulated conditions. Such activitiesas the collection, development, revievv. and presentation of-this data may be considered to::be "BEA activities" Fees required to be paid to the State of Michigan pursuant to the'BEARules may be considered,as eligible activities.
Negotiations with the 1VIl3EQ regarding the adequacy of theBEA, notices, determinationsand related documentation may be considered "BEA activities".
Preparation of various forms contemplated by the BEA Rules and Instructions including,butnot limited to, the BEA form, Section 7a Compliance Analysis form, Notice Regardinng:Discarded or Abandoned Containers form, Disclosure of a BEA form, Affidavit in Supportof a Disclosure Relying on. Isolation Zones, Engineering Controls or Other Similar Featd resfor a BEA, Petition for a BEA Determination, Affidavit in Support of a Petition fora BEA ,Determination, Affidavit of Environmental Professional in Support of a Petition for a BEAAssessment Determination, Affidavit of Environmental Professional in-Support ofaPetition for a Determination of Compliance with Section 20107a, form to Cure Deficienciesin a BEA Assessment, Affidavit insupport of Information to Cure Deficiencies nia BEA,Submittal of Post-BEA Infor-mation, Affidavit in support of Submittal of=Post :BEAInformation, may be considered "BEA activities".
Due are Rules have been promulgated as Riile1001 through Rote 1421 ofthe l^chigaiAdministrative Code R299:51001 to R299.51021 effective March 11, 1999. The 1V7DEQ liesalso published Instructions for the Notice Regarding Discarded or Abandoned Containersrequired by the. Due Care Rules.
The LIBRA xmay take into -consideration whether an. appYieant'.s 'proposed activities -fallwithin activities reasonably contemplated by the Due Care Rules'and Instructions = as they--may be amended, and other guidance as maybe issued from-timeto time by, the IV.iDEQ.
The Due Care Rules require certain owners to take `response activity" and to provide"notice" with respect to contamination that he or she hasknowledgeis emanating from,. orhas emanated from, and extends to or beyond, theboundary=ofthe property that he or she':"sowns or operates. These Due Care Rules.apply to, among other things, certain discardedor abandoned containers and released or threaten releases of hazardous substances. TheDue Care Rules require that documentation be maintained regarding, among other things,
Construction of isolation zones and engineering controls relied on'for the BEA maybe
an:evatluation,of'exposure pathways, the concentration of hazardous°substanceslo which a
.person maybe exposed, a deseription of response 'actions,ta'keni or to`be taken ands a'ecorcls :::documenting response actions taken. Activities undertaken to fulfill these "responseactivities',"notice ,and documentation , reciun ernenits° , may be considered 'due' bare 'a etivities,',' .
a ;. '
FO
The Due Care Rules impose detailed'o'bligations upon certhm`ov ners9to pr'eventtriarl with
to certain.: ^
^ 'abovegroundand beovv o ^
gainaers ancludin^
p ct `
y
respectgrotxnd co
gnotieeoblrgations tand response ''aactivities. Activitiesundertaken to fulfill these "response activities" and notice obligations may be considered"due care activities",. s: ,
The Due Care Rules also require activities-to' mitigate) unacceptab'le exposures'incind izg"exposure evaluations, response activities and notice to potentially affected persons such asworkerss utility workers; easement holders and owners of stuneralirights, among othersThe Drie Care:Ra lees require mitigation of fire' and 'explos on #liazards'and certain notices'with-respect to such hazards. fire addition`the R.ulesrecquii e notice of ,co ataanin.ation'" 'migrating beyond boundaries ©f the?owrzed pi[oper.•c' Sueh mitigation, evahiation aridnotice activities may be considered "due care activities"
Response Activity Rules
In ,addition to theBE.ARules_ arid Due Care Rules which discuss, certain ResponseActivities, Rules ,ndoptedsrunderBart:201:of;N - ErA-may prolu. deguiclance for `•resp'onseactivities"
s...
AIDEQ has issued ,draft rules for Part 201 Administrative ',rules adopted sunder Act 307(predecessor to Part 201) entitled Administrative Rules-Environinientaltontamin'ationa iResponse Activity are also available as guidance on "response activities". The draft 201Rules and the Act 307 Rules are available on the 1VJDEQ Internet site.
R
uRsEm'ENTPR,®CEA ,TJRES - COSTS TO BE RE °'s TTRSED NTHmcr iu NAi RrvEr,l:!EL7
j"
^•
Brownfield Plain Contract
Upon appr.oval• of a Bro_`wnfreld Plan for eligible twoperty or the inclusion of;ad.ditic nialparcels
iof eligible property in a°Brov nfieid Plan{wheye:1h owner /opei ator proposes do
seeks •embursernemt of costsfor_ eingil le actiiviities :at: iigibfle property, the L-BR:A niay; ;require the owner/operator to enter into a contract with the '' specifying the rightsand obligations offthe parEies, terms and cozy'ditions`.andschedules goner ingti ekcaptu^re ofthe;taxes. requests' ,for=rezrnhiu'senzent rem,ircri 41. ' zrcaztatnon; ydetert nxzationayof`eligibleactivities, rei bursen1 -at process and dispute resolution.
s
Documentation, pf ,Eligible . Costs
Parties seeking reimbursement of costs of eligible activities attributable to'eligible prope'r'tyshould submit to the LBRA requests for reimbursement on a monthly basis. Theserequests should include the following:
Reference to the Approved Brownfield Plan and parcel.The total 'amount of the current monthly reimbursement request.The total amount of the reimbursement requests soughtto datepursuant to the Approved Brownfield Plan.
reimbursement that a) he jorshe has reviewedtherequest forreimbursement, b) the costs are for eligible activities attributable toeligible property, c) . •the request is for costs incurred and%paid.and d)he/she is authorized to seek reimbursement and to make thecertification on.behalf:_of the-party 'seeking rein bursen 'ent. •
The LBRAwillxnake the fin al. determination of; eligibility for all,requests-for_reimbursement.Reimbursements will take place as tax capture allows. Reimbursement payment isiexpected tooccur biannually: in early spring and late summer of each year. No payments will be made ifproperty taxes on any of the eligible properties are delinquent.
The LBRA will make every effort to follow the reimbursement schedules as specified in LBRA.Brownfield Plans Fora specific Brownfield Plan, the LBRA. will not reimburse prior to or inexcess of-tLie amount of taxes captured from the eligible property Shortfalls in capture wirresultin proportionateireductions in =allocations made for eligible activity reimbursements LBRAadministrative and legal costs for establishment and administratioia of theBrownfiel i Plangoverning the eligible property take priority for reimbursement over all other eligible costs.
The LBRA reserves the right to deny or make partial-rennbursement of requests forreimbursement, which it deems not in accordance with the-Brownfield Plan, the Act:and ',..'procedures, established by LBRA for reimbursement. .
ielendfication of each eligible activity as a line item, the ass'ociatedcosts, with copies of detailed invoices for the eligible:. activities„andproof of payment. (Parties seeking reimbursement should requestdetailed billings from contractors splitting out fees „ andcoits ofeligible activities from other services).
ether information•and;documentation that may assist theL'B ,.in -determining whether the costs are for eligible. activities.attributabletoan eligible property and that the costs are reasonable. Thisdocumentation may include evidence of a competitive 'biddingprocessand/or evidence that the costs are for eligible activities.
Certification by an authorized representative -of the party,seeking
. ELIGIBLE ACTIVITIES DEFINITIONSREIMBURSEMENT PROCEDURES : ..
ADOPTED
ELIGIBLE ACTIVITIES-DETERMINATION
The Lansing BrownfieldRedevelopment Authority'("LBRA") will he- governed in itsdeterxninations .ass. o Whether activities
reimbursement or financing underthe Brownfield Redevelopment Fitiancing'Aef; 61PA 3 '81, is amended ("the Act"), by thedefmitions both set forth and those incorporated into the Act and by relevant rulespromulgated as part of the Michigan- Administrafiv ,Code-'g6veriun' "eligible activities"referoneetbiwthe ,Act, Mel 3kA may' also echnsidertuldixteein d memoranda issued bythe NliehigawDepartment of Environmental Qiiafity ("1VIDEQ") and the MichiganEconomieGroWth-Aarthority ("MEGA"), s they may relate to "eligible activities" andsupportmg documentation provided by applicants for LBO f aids
REPOWRiSgNIENT PROCEDURES : 6,'COSTS-TOItE''REtkBITIS" 'ED WIT',
.
.
..
.MENT REVENUE
DoeumeritatiOn of Eligible Costs
t
-1
For purposes of this plan the LBRA shall review all costs to be reimbursed using taxincrement revenue. T-oformationprovided to the LBRA regiiding ithe eligible costs to bereimbursed'iunder this plan should include the following:
.1...1, .L
02a:1i aeferenee to the approved brownfield Plan and parcel.
2. Theta:JAI amount of the reimbursement request.
.3. The totaLamcnmtof'anY previous reimbursement(a) aipproVeii .bithel.8Rki,v I related to the brownf ld 1
c'
,-.r,
(,
4. Identification of each eligible activity, the associated costs, with' 'ooplies of detailedinvoices for the eligible activities and proof of payment
information, aa^d doem*elp-tatio'n that may, aassist the, LSR&, lills -'detertrig'', ,,,...
whether the cos4are for eligible activities ,attributable to , .eh.gible,,oroperty(.c.1
and that the costs are reasonable
-
'
'6>
,.
1The LBRA willmake the finial determination of eligibility for all rehnbursement(s).ReimbursexnentW will takellace as tarcaphireallows aadISatitkiiikted to heedbiannually: in -eadrtsprhIg6andlate,ituniiieiof each year,- fi ,
•,
TAX
/cam , y
City of LansingNotice of Public Hearing
The Lansing City Council will hold public hearings on October 4 and October 11,2010 at 7:00 p.m. in the City Council Chambers, 10th Floor, Lansing City Hall,Lansing, MI, for the purpose stated below:
To afford an opportunity for all residents, taxpayers of the City of Lansing, otherinterested persons and ad valorem taxing units to appear and be heard on theapproval of Brownfield Plan # 52 - Market Place Partners, LLC Brownfield Plan,pursuant to and in accordance with the provisions of the . BrownfieldRedevelopment Financing Act, Public Act 381 of 1996, as amended, for propertylocated at the Old Lansing City Market, in Lansing, Michigan, but moreparticularly described by parcel as:
Parcel 1 (Project One Area):Part of Lots 2, 3 and 4 of Block 245 of the Original Plat of the City of Lansing,Ingham County, Michigan being more particularly described as: Commencing atthe Northeast corner of Lot 1; thence SO0°38'28"W, 430.10 feet, (Recorded as:SO0°05'21 "W, 430.37 feet) along the Westerly right of way of Cedar Street (82.5feet); thence Westerly 123.56 feet along the arc of a curve to the left, having aradius of 451.57 feet, a delta angle of 15°40'39" and a chord bearingS82°46'18"W, 123.18 feet to the point of beginning of the following describedparcel; thence Westerly, 135.01 feet along the arc of a curve to the left, having aradius of 451.57 feet, a delta angle of 17°07'51" and a chord bearingS66°22'04"W, 134.51 feet; thence N32°11'53"W, 212.85 feet (Recorded asN32°43'09"W); thence N00°36'37"E, 100.84 feet (Recorded as: N00°05'21 "E);thence S89°23'23"E, 112.00 feet; thence SO0°36'37"W, 29.29 feet; thenceS32°13'28"E, 232.33 feet to the point of beginning, containing 0.84 acres, moreor less and subject to any easements or restrictions of use or record;
Parcel 2 (Project Two Area):
Part of Lots 1 and 2 of Block 245 of the Original Plat of the City of Lansing,Ingham County, Michigan being more particularly described as: Commencing atthe Northeast corner of Lot 1; thence S00°38'28"W, 430.10 feet, (Recorded as:SO0°05'21 "W, 430.37 feet) along the Westerly right of way of Cedar Street (82.5feet); thence Westerly 123.56 feet along the arc of a curve to the left, having aradius of 451.57 feet, a delta angle of 15°40'39" and a chord bearingS82°46'18"W, 123.18 feet; thence N32°13'28"W, 232.33 feet; thenceN00°36'37"E, 29.29 feet to the point of beginning of the following describedparcel; thence N89°23'23"W, 112.00 feet; thence N00°36'37"E, 222.16 feet(Recorded as: N00°05'21 "E) to the Southerly right of way of Shiawassee Street(82.5 feet); thence S89°25'38"E, 112.00 feet, (Recorded as: S89°58'20"E);thence SO0°36'37"W, 222.23 feet to the point of beginning, containing 0.57acres, more or less and subject to any easements or restrictions of use or record;
Future Project Parcel (Future Project Area):
Part of Lots 1, 2, 3 and 4 of Block 245 of the Original Plat of the City of Lansing,Ingham County, Michigan being more particularly described as: Beginning at theNortheast corner of Lot 1; thence S00°38'28"W, 430.10 feet, (Recorded as:SO0°05'21 "W, 430.37 feet) along the Westerly right of way of Cedar Street (82.5feet); thence Westerly 123.56 feet along the arc of a curve to the left, having aradius of 451.57 feet, a delta angle of 15°40'39" and a chord bearingS82°46'18"W, 123.18 feet; thence N32°13'28"W, 232.33 feet; thenceN00°36'37"E, 251.52 feet to the Southerly right of way of Shiawassee Street(82.5 feet); thence S89°25'38"E, 248.23 feet, (Recorded as: S89°58'20"E) alongsaid right of way to the point of beginning, containing 2.23 acres, more or lessand subject to any easements or restrictions of use or record;
Approval of this Brownfield Plan will enable the Lansing BrownfieldRedevelopment Authority to capture incremental tax increases which result fromthe redevelopment of the property to pay for costs associated therewith. Furtherinformation regarding this issue may be obtained from Karl Dorshimer, EconomicDevelopment Corporation of the City of Lansing, 401 N. Washington Square,Suite 100, Lansing, MI 48933, (517) 483-4140.
Chris Swope, Lansing City Clerk
Lansing Brownfield Redevelopment AuthorityLan_sing,:Michigan
PREPARED BY:
Soil and Materials Rngineers, Inc: (SME)
2663 Eaton.Rapds RoadLansing, Ii%lcli gan 48911
REVIEWED BY:
Lansing`Economic Development Corporation401 S. 'Washington Square, Suite 100
Lansing, Michigan 48933
Approved by the Brownfield Redevelopment Authority onSeptember 3, 2010
Approved by the Lansing City Council on
ar etplace T^ed.evelo mentMarketplace Partners, LLC
[
Section pmge..
1.
Site Location and Photos 12.
Project Summary Sheet .. ~-..~. ^ 2I
Past Use of the Property 'Qie History 3
Exhibits
6 Of
'7:-
Captured'
'84 TaX-h'croment Revenues
-
1'
'
s sapT
^*6.1
~- --....~ 'l015.
Site Remediation Revol-Ag Iuzul 16.
Other Information '~,l0
Tables..7c:45na cc;
Brownfield Eligible ActivitiesTable 2
Exhibit B
Tax Increment Financing (TIF) Table
and Legal
tion
Pof the PropertySummary of Known Environm^ntal Conditions an&
B daries, Project Areas
Sample LocationsEx.hibit,C
Eligible Activities Definitions and Reimbursemen
hO
/
r-i
4
• Project Summary Sheet-BrownfieldPlan#52` .
roa'e.e am
Macke. 'aCe Ret evelopment arke dace Partners, L. LC
Business Line: The Developer, Marketplace PartnersPartner, Mr. Patrick
aspire'LLO Managing
Property?Location
333 N Cedar Street d 420'Y SMawassee Stree
See`Exhibit.A (33=01-01-16-253 012 a.nd032.) The Property consists of two a _capproximately 3;64-acres:.
Property 'Nuxr_iand is
1 01 16-253-
Projeet.E escrip
Developer.Investmen
Estimated JobCreati on]Retention
Duration of Plan:
Prop ertp 'T'axesGenerated' by Project(Over the life of Plan)
Uses of Taxes
^ted that'up to,isve (5) indlvid^ vi Bco^vn eldedevelopme'nt Projects wflltake place at this Brown eld
rla property location': Tl_ r e_ vo project areascurrently?dune and ;a tl^ d zl 5a.conter^ platecl for'up tothree future redo ; lopmenti:pro^ects The,,tial phas's oftrue developmen , lenti fed, as ^xoject O e r a andProject Two Area rill,'resultan a 133,0 i0 yuu'e feet;mixed.use,develop-rent It will include fro `(2i sixstorystructures providing 84 market-rate res^ dential pr4* anda mrx of additional residential, retail arid' commercial:; #.uses. The remaining contemplated up to'three futureredevelopment projects are located in the area'.:identifiedas Future:Project Areas.
Approximately $23,727,166 including $517,132 of eligiblebrownfield activities.
This redevelopment will result in the creation of 85 to 100temporary construction related jobs. In addition, to theconstruction related jobs, the redevelopment isanticipated to generate 25 to 30 new full-time jobs in theretail and commercial components."
24 years
8,243,726 Property'Taxes `Paid by M ketplace
574,880 To TIFAICity of Lansing259, 124 To Lansing School District Debt
33;371 To City of Lansing Deb,t$ 867,375 Total to Tax Units
ta.'o t ;is, antic
2
.. $
2440.6 ?05r;R (l rptrtistrati= .'$ 244).01PTo LBR.A4eVol-Ving Fund ..$
. 517;'I32 To iTteirabur.0,:. Peyeloper
. .6.371.187 ToReimburse City. Li
:$.. 73 76,3 51T (=ital. for
C aptur
Total Uses of Taxes: $ 8,243,726
3. Past Use of the Property -.Site''Histhry
The 3.64-.acres btow-nfield project area consists of tt''O parcels, herein referred'to°as"the =Property". The Property. has' .a lengthy history of cominercial and industrialuses including coal storage,::a foundry, train car manufacture and repair, a 5llf-rlgstation, warehousing-of acids and chef icals, a painting shbp, and a-i ailroaa- 's 'pur.
The Property was last used by the City of Lansing for the Lansing City Market andother public uses The City- transferred ownership of the Property toto-GillespieDecember. 31, 2009.
Many of the Property's historic uses involved storage and use of various chemicalsand hazardous substances. As a result, several environmental assessments wereconducted atthe.Pioperty to evaluate soil and groundwatei -conditions. 'Soil andgroundwater contamination has-been-identified at the Property at concentrationsexceeding the State's genetic cleanup criteria: As a result, the Eligible Property(Parcel ID #38-01-01-16=253-012 and Parcel ID #33-01-01-16-253 : 032) is a"facility," and- each pr6ject area i(Project One Area, Project Two'Area and FutureProject Areas) qualifies independently as -a fadility as defined by Past=201 ofMichigan's Natural Resources and Environmental Protection Act (P.A. 451), as-amended. Refer to Exhibit B for a description of environmental assessments and asummary,known contamination.
..
...,:4. The Lansing Brownfield Redevelopment Authority
In August of 1997, the Lansing City Council established the Lansing BrownfieldRedevelopment Authority (LBRA) and." desigiiatecl the entire City as a "BrownfieldZone". The primary ixilrpose of the LBRA is to encourage the redevelopment' ofblighted, 'contaminated.' aild functionally obsolete prOperty within. the BrownfieldZone by providing financial incentives.
5. Br ownaeld. Pr0j ect D es elipti on
The address of the Property is 420 East Shiawaesee Street and 333 North CedarStreet, Lansing, Michigan. The 'Property 'is bounded by the`Riverfront Apartmentsto the north, c'eaa-1. 'Street and then variouibusinesses and" City. of Lansing.properties to the east, Museuni Diivei'and then the Lansing- Centerto'the south andCity of Lansing River-front Park-and recreationaltrail to 'the west. The Property iscurrently zoned G-1 Business. A zoning change is anticipated for the proposedredevelopment of the Property. The Property is serviced by public water supplied
3
.by the Board of Water and Light;•sewage,dispoSal. is ,bypiblic utility .as well. Theage of the sewer system is :unknown,.:;
Marketplace Partners LLC (Developer)isproposig to-redevelop the former CityMarket property located at 420East . Shiawassee Street and 333 North CedarStreet, Lansing, Michigan.
Project One Area, will consist of two phases and is scheduled to get underway in2011. Phase I will include of a six-story. residential; structure (approinmately 66,500SF) providing 84 market rate units along the Grand. River. These units will beadjacent. to the New Lansing. City Market. Phase II of the, Project One Area-: willinclude the construction ofcommon-,areas, stairwells;,and;elevatorsthat will,be usedfor connecting the ProjectjOne Area structure with the anticipated Project Two Areamixed-use expansion. Phase II of the Project One Area may included additionalresidential units based on market demand.
Project Two Area, will consist of one phase and is scheduled to begin construction in2013. The Project Two Area will include a six-story mixed-use building that willconnect to the Project One Area structure. It is anticipated that the building willconsist .of a mix of residential retail and co,p merciaLuses
Thefzrst floor of the Project One Area and . Project We Area buildings will bepartiai,belovy grade parldr g Worldngwith the,topograplay-of the site; ;the firstfloor parking=will be setaznto the natural slope of. the sjte anddremain open: towardsthe river. ,Th^s:parlr,n option assists,the,Developer zn maxi i in;gsiteandl 'increases the overall,density.- ; of the project. Ftuxthermore the Developer ,:anticipatesincorporating ,"green" building concepts including energy ef6.gient,4esignandwatersaving.features.,
,
;.'t . ,
..
;,, :..., c `.:. 1 , i
;; 'r' l ;. "This initial redevelopment will result in the creation of 85 to 100 temporary. 'construction related jobs. In addition to the construction related jobs, theredevelopment is anticipated ,togenerate 25 to30;new full-time-jobs inthe retailand commercial sectors.
It is anticipated that Project One.Area and Project Two Area-will ,result in;approxEnately.$231 m Ikon of private investment in the City of Lansing. The
.private uiyes,f went. forthe,redevelopment:ofthe,Future ,ProjectAreas has:not. ;beenestimated.
The Marketplace Development is requesting, assistance of the BrownfieldRedevelopment Authority, the City of Lansing and the State of Michigan ina.pproving`a brown.eld plan to (1),provide tax increment fr ancing using both localin school taxes for costs incurred throughout the ,eligible property;, andfacilitate approval of the Michigan Economic Growth Authority (MEGA) of multiple ,Michigan,; Business Tax Credits or eligzbleinvestment to be made in what is knownas 'Project ,;1 Area, Project 2' Area and. FutureProjects, Areas .;
The. eligible property. (Pa--Tce,l
33-01.=01-16-25 -012 and. D =el -ITV ':-3B01=01:•16-253-032) includes 3 projectareas:
Project One Area consists of portions of Parcel ID# 33-0 1 - Me'16-25_3rO12,and ParcelID# 33-0.1-0146-253-032as legally described and depicted,on Exhibit A;
- Project Two Area consists of portions of Parcel ID# 33-01_-01.-16-253-012 : and'Parcel ID# 33-01-0146-253032 as legally described and depicted on EXhibit A; and.
Future Projects Areas consists of the remaining portions of the eligible _propertynot included in the legally described areas for Project One Area and Project TwoArea as depicted on Exhibit A.
Parcel ID# 33-01-01-16-253-012 and. Rarcel,ID# 33-01-01-16-253-032 make up theeligible property and. each qualifies as a "facility" on their own (see ;Exhibit , ,B). Whereas for the purposes of the BroweefieldlVfBT Credit Projeet- One Area,Project Two Area and Future Projects Areas also qualify on their own.- as eligileproperty as they are each -independently identified. as a "facility"` . (see;Exbibit=B). Itis anticipated at a later date that the Future Projects Area will be furtb_er, divided,up to three future redevelopment projects, which will all independently qualify asfacilities. This will belater defined in a future Brownfield Planan andment.
Project Areas Brow-n.B.eldQualifying-
Criteria
SampleLocation
EnvironmentalFinale os
'cal Cause(s)
Project 1 Area Facility B17Arsenic UrbanRiVerfi-Ont 'Fill and
NurnerouSi-listoricInchistrial 'Uses
Project 2 Area Facility B19Future ProjectAreas
Facility B5
Additional contaminates were detected in soil and groundwater samples aflevels exc^edin.g Part 201Generic CleanuPCriteria at numerous other boringlocations, See Exhibit B.
I-
The City of Lansing'has _also received a $1 million Clean Michigan Initiative (CMI)Grant through the Michigan. Department Natural Resources and Enviionment(MDNRE). This grant will assist the Developer is addressing a portion of theMDNRE and MEGA Browil-field eligible activities.
Eligible Costs:
A breakdown of Brownfield eligible activities are presented on Table L
6.
Eligible Activities
The table below presents the anticipated eligible activities that will be completedfor this project ‘and the estimated eligible costs associated with each activity:
5
Eligible •Activ ty: ••proyd,6t.: 'u'
ojeet; _ .Total' One Area TW6 Area
1. Environmental Activities'Assessment, Due Care;
.:..Remediation, Response; Etc.(includes contingency) toDeveloper
,,...$120,165 ' $48,573 $168,738
P''ortao 'of#hreimb ^x'sedwith Local Tax Capture
, `$73,773 ' $29,820 '$103,593
Portion f1 reimbursedwith . State 'Tax ; -Capture :`
$46,392 $18,753 $65,145,
2. Non-EnvironmentalActivities: Site Prep,Demolition.; Lead &Asbestos;)Abatement Etc.(includes'contrrcgex'cy) toDeveloper
;_.
-$209;036 $139,358 $348,394
Est. Portion, of #2.:reimbursed with Local Tax $128,348
i
Y
$85,566i
:SS....
_
$213,914.r1.
.
,.Capture
..r:
. !.z .:
^. L 4..L.
., ri
Est: Portion ,'of #2reimbursed with State Tax $80,688 $53,792 $134,480Capture :.Total Tax CaptureAmount Reimbursed-toDaeveloper,
$329,201 $187 931_ $517132
3. Non EnvironxnentalActivities: PublicInfrastructure (includes .,
. .contingency) toCity
$3,'822,712 $2,548,475 . $6,371,187
Est: Portion of #2reimbursed with Local Tax $2,347,145,. ,-.$1,.5,.64,764_ $3,911,909. •
s,
Est .Portion. ofreimbursed with State Tax
:,$1;475.,567
:::::_,$953;711) $2,459,278 '
Capture4. Amount Local Tax
$146,410 $97,606 $244,016Capture to LBRA forAdministrative and; LegalCosts5. Amount Local Tax
$146,410 $97,606 $244,016;
Capture to LBRA RevolvingFund..:.
,±Total . Ta:x , Capture to
•.Developer & LBRA
$4;425;811:` '.$2;950;540 ; $'7,;376 35.1
6
Estimate&NIB T -Cr edit"from State-
-(MEDCIMEGA) toDeveloper -
$1,931,120 . $.1;627;505 $3,558,625
Reimbursement toDeveloper
- $329,201 $187,931 -$5-17,132
Total Brownfield[Incentives to Developer
. $2;260,321 $1,815,436 $4,075;757 -
Future redevelopment plans for 'the Future Project Areas are being considered.Based on potential project concepts, the redevelopment of the site -wearequire theexcavation, removal of contaminated-a-oils, demolition, and. engineered backfilfat anestimated cost of $300,000. The redevelopment of the site will also require .
''additional environmental assessments, site characterization, and the oversight ofresponse 'activities at an estimated cost of $75,000. The costs of these activities arenot included for reimbursement in'this Brownfield. Plan and a future BrownfieldPlan amendment will be requested.
7.
Captured Taxable Value and Tax InereMent Revenues
The LBRA will capture the tax increment revenues from 2011 through "2037 whichwill be generated by the increase in taxable value. - The following table provide ssummary _ of the anticipated taxable value and. the tax increment revenue is iatwill provide_
T a; Year .-,,
AnnualIncremental :,
Taxable.Value
:'L6, T1-eta]: IncrementalTaxes Ca tared
.:Accts
illative `Incremental`Taxes
. Cap.t.dr-ed'
2011 $2,424,908
" "
.
$155 749'. $,155,.7..492012. $2,454,250
,.:- 157,834 . $31!3;-383- .,,2013 $2,483,884 $159,537 $472,921
: 2014 15,447,923 , _3349,915 $822,836,2015. $5,507,,495 $353741 $1;1'76;576:2016 $5,567,662 $357,605 $1,534,1822017 $5,623,430 $361 , 59
, $1,P&, 6902018 $5,689,806 $365,451 $2,261,1412019 $5,751,797 $369,432 $2, 630,5732020 $5,814,407 $373,454 $3,004,0262021 $5,877,643 3 ^ 7:515 $3,381,5412022 $5,941,511 $381,617 $3,763,159
2023 $6,00P,,.148 P.85 , 761 ,$4,148,9.19 .2024 $6,P'7 ],,I-70 $389,945 $4;538;865 '.2025 $6,136,974 $394,172 $4,933,0362026 $6,203,436 .$398,440 $5,331,4772027 $6,270,562 $402,752 $5,734,229
.._; 2,. 2628,. . $6,338,360 $407,107 . 4',$60.41,2.85. ".,
X02: .
;°i
$606,$:35, $411,505
..::. $8,552 840: ...
2630 $6,475,996 $415,947' $6,'988,1 861... $6,545;848 $420,433 $7,389;220.
' . 2032 ' . $6,616;398 $424,965 $7,8140,84
2033-, $6;687,654
The captured incremental taxable value and associated tax increment revenue willbe determined by the City Assessors Th.e_actual increased taxable value of the landand all future taxable improvements, oaf. the Property may- vary:-':Furthermore, atheamount of tax increment revenue ;available index this,. Plan wxlt .be:based _on 100% ofthe actual mill age levied annuallyby each to . g jurisdietion on the increase in taxvale resulting from the redevelopment projecthat.is eligible and'approved.forcapture All taxing r,nlts will experience an er,ease;i.n.,property tax: The Developervii]] " e apply n.g to the State of Micxugan for-a Brow,riff.eldrMichigan Business Tax'credit.
8.
Method of Brownfield Plan.•-I'in.ancing
The costs associated with the local and state,capture.of eligible activities,hsted inSection ,6
,2
1^2) ,will be mtlally paid for,bythe Developer ,TheDeveloper willbe reimbursed , fox sthese costs by the,LBRA ut?1,. ,,,g 100% ofinew-local and-statetaxes captured from the project over the twenty-four (24) years of this Plan Thecurrent estimated costs to be eligible for reimbursement to the Developer are$517,132 includes a 15% contingency , If:thedactu al capture is .less `t'han. thatprojected,in1 this ,, Plan, the, total amount .of reimbursement f rom.the LBRA to theDeveloper may, l ye ess than $517,132. Any additionalatax xevennecaptured duringthis Brownfield Plan will be-reimbursed to Marketplace-Partners-1 ;TX to fully -reimburse eligible-activities as identified in Table 1. -Additionally, the -LBRA willnot reimburse the Developer for more than $517,132.
The LBRA Will provide financing for its costs to implement andedm;,,i,ster the Planimngo5%4ofthe local taxes captureperyear for the durations of the Plan. This
expense is-noted-in.-(Item 4)`above
. None.
9.
Amourzt-of Note or Bonded'Indebtedness Yncurre
10. EstimatedIn pact onTaxing Jurisdictions
The following table presents a si.wamar'y-,o f the mew tax revenues generated by thetaxing jurisdictions., whose millage is' subject to capture by_t" LBRA.undler_thisplan, These are estimations based-on the proposed redevelopment
Jurts.4ction
:.:
Faxes Captureby T RRA
Neu) TaxestoJurisdictions
- 'otal NewTaxes
County of Ingham., ..$1,047,273 . , °.
$36;159 -$1,083;432Regional Airport Authority $86,722 $2,994 $89,716
Capitol Area .Transportation Authority $368,573 $12,726 $-381,299
Capital Area DistrictLibrary $193,542 $6,682 =.$200,224°.
Potter Park Zoo $50,867 $1,756 $52,623City of Lansing• $1,915,569, $66,139 $1,981,708 ,
City of Lansing Debt $33;371 $33,371Lansing Community
College $472,342 $16,309 $488,650
Lansing School DistrictDebt - $259,124 $259,124
Ingham IntermediateSchool District $582,561 $20,114 $602,675
Local School OperatingTax* $1,992,127 $308,682 $2,300,809
State Education* I $666,776 $103,318 $770,094
*With the approval of the Michigan Economic Development Corporation, on behalfof the Michigan Economic Growth Authority, and. Michigan Department of NaturalResources and Environment (MDNRE) for tax capture of 100% of the new schooloperating and state educational taxes will be reimbursed for eligible activities.Those values are then reina:bursed to those taxing entities on a yearly basis.
11. Duration of the Brownfield Plan
Unless amended by the Lansing City Council, the Plan is anticipated to remain ineffect until the end of 2033.
12. Legal Description & Site Map
The legal description of' the -Eligible Property is provided as ET'hibit A.A Site Map is provided on page I.
13. Personal Property
Incremental tax revenues resulting from new personal property will be captured inthe same proportions as real property. These funds will be used to reimburse theTA:3RA and Developer for eligible activities. The value of the new personal propertycannot be estimated at this time.
9
Displacement of P.PXt$oP-s ..
.
There are no persons currently.. raiding on. the Property....
15. Site 'Assessment and Remediab.on Revolving FundS
No Site Assessment and Remecliation Revolving Funds will' be used. on thisBrownfield Project.
16. Other Information.
The 1,.,BMjand the_
accordance With the Act, may amendthis Plan in. the future in. order to fund additional eligible activities associated withthe Project described herein..
10
APPENDIX B: BROWNFIELD ELIGIBLE COSTS SUMMARYProposed Marketplace Redevelopment
Lansing, Michigan91212010
YEN-
ONE
WNP E -P
TrT 0, LE-
LOCAL T IF-Lo cat
.
MONREIMEG A 11F-SchoolBEAPhase I Environmental Assessment (ESN -
(2)
Phase, II ESA(3)
Baseline Environmental Assessment
00
$2.500$15,000
$2,500$15,000
61.4% $
1,534 ,
38.6% 966 02,500
.61.4% $
9,209 38.6% $
5,791 $15,000(BEA)
(4)
Additional EnyhonmEmir, t Sall Assessment $6.064(5)
Environmental oversight(6)
Erosion and Sediment Conkol$10 060
$3,U4$5 182
$9,18$$15,242
61.4%61,4%
$
5,640 38.67. 3,547 $9 1i8a$
9,358 38.6% $
-AO 84 $l5,242.(7)
Sail Removal and Disposal$1 .395 $718 $2,113 61.4% $
1,296 38.6% $
817 $2:113
(8)
Dewnlering$52.55$$4.326
027,075$2.229
$$$,$31$S,555
61.4%61.4%
$
48,892$
4,02438.5%38.6%
$
, 30,739$
;6 2.531$$9,631$6,555
Work Mani-IN
Bmwow PlanO W
%A Man$3.300 $1 700 $5,000 61.4% $
3.069 38.6%. $
1 .931 05,000
(ii )
Work Plan Review33.300
$990$l
$510$5,000$I,500
614-1.61.4%
$
3,06B$
92U. 3E06%
38.6%$
(11,931$
560,
$5,000$1,500
R? NX
74
Bite Preparation(12)
ExcmHonand Grading $162.194-- .
(13)
Engineer Backrig =7 $05,451$270,323 61,4% s
165.978 38.6% $ %w" 6270,32300% $
12,973 38.6 % $21,128
Public Infrastructure Improvements
-(14)
SidewalMurb Gutter Improvements-Public Right of Way(I 5)
Pubg$ Ice Skating Rink(16)
Pedestrian Crosswalk
mom$500.000
$16,065$200,00D
$40,163100"a
won $
MAIM 38 .6% 45;503 $40,16361.4% $
307,000 38.6% $
100,000 $s0a,000$3.000.000 $2,000,000 $5,000,000 61.4% 3,070,000 38,6% $ i ,930,000 $5,000,000
(17)
Brownfield Plan 0 $$.000MR
=Plan09)
Work Plan Review
$2,000 $5,000 W104 3,070 38.6% 1,930 05'0000 $3,000 $2,000 $5,000 61.4% $
3,070 38.6% $
1,930 $5,000$900 box 61.4% 921 38.6% 579 $1,500
MMWA;
GRAND TOTAL $4,331,913 $2,730,40G $6,888.319 61.4% $
4,229,415 38.6% $ 2,658,904_ $6,888,319
-A' '.., G:n'• T,ON1 NG'JUF2IDI C^'IONS =p4
AO VALOREM, TAXING AUTHORITIES
Millagu SUmmary(0151 valuation) ;:...
;•.; .• •.
Annual DobtMao nl Nat
,_ :labor
BRAAvaC'l,e,t
201014 2811 2012 2013 201481 2015 2018 2017
•.
...
PROPER'
'
•
'
'
'^CUrnonI .Tezabla Vnluo
•.
_..
..
..
I.
1
l
5800,200
1
'-
.
I
..
.^
.
r
.I
•I
-
. I
`.ProJeeladAnnual lnereeso In Taxable Value•COmmarti.IlOffie4 0,01 0.01 0.01 0.01 0.01 0.01 0.01Future Projootad Texablo Commaralal Value -Totals - 52,034,106 S
2,063,450 5
2,093,084 S
6,057,123 5
6,018,805 S
6,076,862 S
6,137,630Inaramontal Twmbla Value-Comr4orolal 52,424,9011 S
2,454,250 5
2,483.88.1 S
SA47,323 5
5,507,495 S
5,567.662 S,
5,628,430IMPACT O
AD VALOREM TAXING AUTHORII1ES
MBlegu Summery (Slit volueeoh)
Annual DobtlFoonl Not Available forERA Ceptura
I1104AM COUNT 80413 00000 54413 8.4413 - S
20,460 5
20,717 20.997 5
45,953 S
46,400 5
48,008 S
47,521AIRPORT AUTHORITY 0.6990 0,0000 0.0990 0.6090 5
1,695 S
1,718 5
1.735 S
3,808 S
3,850 5
8,892 S
3,034CATA 2.0706 0,0000 28!08 2.9708 - 5
7,204 S
7,291 5
7,375 5
16,185 S
16,362 5
18,540 S
16,721CARL-LI503RY 15600 0.0000 15800 1.5600 S
3,783 5
3,820 S
3,875 S
8,499 5
8,502 2
8,686 5
3,760ZOO MILIAGE 0.41001 0.0000 0.4100 0.4100 - 5
594 6
1006 5
1.018 ' S
2,234 S
2258 5
2,283 S
2,308LANSING OPERATING 15.44001 02000 15.4400 15.4400 S
37,441 S
37,804 5
38.351 S
84,116 S
85,036 S
65,965 S
85,003LANSING DEBT 02800 02600 0.0000 00000 - 5
- 5
- S
- 5 S
- 5
- 5
-LANSING COF4MUNGY COLLEGE 3.5072 0.0000 3,8072 3.8072 - S
9.232 I S
0,344 S
9,457 S
20,741 5
20,986 5
21,197 5
21,429SCHOOL DEBT 20199 20189 0.0000 0.0000 - 5 5
- 5
- S 5
- S
-I SINGHAMIBO , 4;6955 0,0000 4,8056 4.5056 - 5 , •11,386 5
11,524 5•
, 11,663 S
75,561, S
75,861 S ,
26,144 S,
26,420•
Local Only Total 380236 S
92.204 , I
03,320 S
04.447 S
207,151 S
209.416 5
211.704 ca5
219,015
Lo l Bab tool Oparaang Tax al 17,0252 00000 17,9282 17,0262 5
43,469 5
'43,995 ' S
44.527 5
07,561 S
98,723 ' 5
09,807 IS
100835•State Eduation Tax c4 6.0000, 0.0000 , , 8,0000 ,
50000; - 5
14,549 S
54,725 S
, • 14,903 5
32,688 S
35.045 5
33,408 I S
30771„9Nte Total 23.0202 IS
58,013 15
58,721 59,430 5
130,348 S
131.773 5
133,2131 5
133,667,
Total Csplurm 643200 22780 51.0501. •
61,8501 - 5
150,223 6
152041 S
153.877 S
337,489 1 5
341,190 5
344,917 348,862
Parantagoal ofLoaltmas Oipurad
IV For the !groom, of aloulatng 1u Iouamord nvrtu»s, the Initial Iambi. va8w was based onihs 2010 t00 500r.
..
100% 10090 tOD°n' 100°.6 100%100°.BI
1001% 100% 100% 700%1'
PareantsSoof,Sata 6elwol Saxas Captured 100% 100°% 100°n 100°,6 100%1 ,
, 100% 100% 100°.61•,0:'iR>
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f.`x's?at:•,..^'seorlc-e^..y,w:t..,:,•
•. Totala_1 .
. 2010 . 1 2011 2012
2013
2014
I 2015
.1
• • 2015
I
2017RSIAI5URSEMSNTOFI
LSRA AdminialmEre Coats (5% of Loa118070roment Revenues)
S
244:0151 5
- .'10S
4,5 4,5661 S
4,722 5 •
10.358 S
10,471 S
10,595 S
10.704Caplura forOawMtg Loan Fund(5% ofLoal7azlnotamonl Ravenros)
'
•, „
5 .. 244,0151 S ,
- S
4,61Q S
4,688 5
4,722 , 5
10,353 S
, 10471 S
, 10,585 5
10,701'YOTALLORAAN5ADMINISTRATIVE CAPTURE
'
i 5•, 456,033 , •S.
"''
-•1 5
' 9,2m 5
9,372 s
8,445 5
20,715 5
" 20,042 S
21.170 S
21,401
' .. ftFJM9UR5EMEt4T5' ::C
"ix-r==:3£to' -.,. -
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1'1 Fordo mdngJudrdielono, on1y100% of the new lams ate boing wplured and mimbrnsodforaf49- 166 sdilSoe.01 Stole aplute Ls onlytha pmporfomlalwro 674he bmolino envaomm^nlalasses'ment(BEA) efslbk 0 Most Sol is allowed under Aot3811417104 appmvolfrom MONRE.
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Soo and Maltriols Basins., In.
YAILgB^E LOCA15ANITSTATE SCHOOL' TAX?INCREMENT.S5
AVAILABLE TAX INCRE54NT CA pT17RE
2018 2015 2020 2521 2022 2023 2024
20'5 2025
2027
2025 2029
2030
2051 2032 2053
0.01
5
6r199,056 5
001
b,254097
0.01
I
0.01
S
8,323,807' S
6,386,643
0.01
S
0.01
10,01 0.01 0.01 p,oi 0.01 0.01 0,01 0.01 0.01 0.01
S
5,659,505 S 5,751,707 S
5,814,4071 5
5,877,543k450,71!
S
5,041,511S5
6,515,2!84555,018
51
56,500,3706,071,170
^'S
6,646,174 5-6,712,636 S
6,779,762 5
6,547,560 5 6,015,055 S
6,955,196 5
7,055,048 S 7,125,598 7 , 196 , 8545
6,136,974 S 5,203,43fi 5
5,274562 5
6,338,360 5 6,406,835 5
6,475,053 5
6,545,648 5 6,616,398 1
5 6,687,554
F
45.0295
3,57755
465534,021
5
49,0515
4,064
TzXinoremontCepturu
55
50,609154.19815
51,249 5
51,804 5 52,355 15
52.9325 53,504 S 54082 5
54,656 $
•55,25515 56,4525
49,6155 50,1544,153
56,851 SS
4,108 I S 4,244 $
4,290 S
. 4,356 S
4,353 5
4,431 S 4,478 S
4,547 S
4,576 S 4,525 5 4,6755
16,9035
8,87615
1 517,057 5
17,273-S
9,0755
17,451S
15S
17,041 5 17,84319,369.1
S 16,036 5
18,2321 5 18.4291 5
18,629 5
15,830 5 19,033 -1 5
19,2''9 5 15,448 5 19,556 S 19,555
5
2,333S
87,551S5
8,9732,398
88,8085
2,3845
59,714
5,1695
2,410 S5
9,2692,435
S5
5 0,471 . 5
5,574 5 9,57r 5
9,7E2 5
9,658 5 9,995 S
10,103 'S 10,212 5 10,322 5 10,4.13 '2,462 S 2,489 5
2,516 S 2,543 5
2,571 5
2,509 S 2,627• S
2,555 5 2,854 5 2,713 S 2,742
5
- 5 - 55
90,751
I S
- 'S97,737 5 92,733
-55
93,739-
5
54,755 5 55,761 .5
96,617 5
57,864 S 98,921 5
99,959 5 101,0581 5 .102,15 5 103267-I S 5
- 5 - 5
-1 5
- 5 - 5
- S -1 5 - S -6
21,552 5 21,898 5
2;137 I S
22,357 5
22,821 1 5 22,665 5 25,114 S
25,365 5 23,618 5
23,873 5
24,131 5 24,392 5
24,555 5
245921 5 25,150 S 25,4615
-,S .26,717
5 -27,01%
5
-1
5
27502 1
S
-5„
27,5995
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27,899S5
- 5
i
- 5
- 5 -1 5
- S
- 5 - 5 5 5 -1 5 -
••S
216,345S
101,9975S
218,705103,106
5
221056S
104,230223,441
S
1043545
225,9195
706,509S,5
28,202229,372
S5,
1
25,505 S
.,28,817 5 ,29,129 5
29441 I S
25,762, 5 30,054 5
30,409 , 5
30,737 5 310561 5 31,403250,550 S
297,352I S
110.0135 2351879 S
138,431 1 5
.
241,009 5 24.7,613 5
246,241 , S, • 248,869 S • 351,081•I S , 154,291 1
34,135,5
138,135SS
34,611137,519
34,6555
139,1175
55,255S
144530 1
5
35,5455,
51 5
107,555 5 108,533 S 111,204 t5
112,407 S
113,623 5 114,650 118,090 S
117,742 5 118,807 1 5 119,55436,030
•143,70175..5
55,427145,265.
5
36,522 S 37,221 I S ,
57,525 5
38030 5•
38,451 S
36,856; S
39,275 , 5 ;39,695 1 5 405125144158 S
146,634 1 S 148423 1 5
150,051 1 5
151,653 5 153,291 5
154,936 S
. 156;517 S,' 150,355.1 S 166010.552,454 5 354324 5
350,203 1++5
354,121 S
358,017 1 5 572,073 5 375,110 I S
350,186 5I 384,303 .5
3H8,4Ji4 5
397,552I 5 396,904 -5
401,!89 5 405,5161`
5 409,587 51 - 514,551100% 1 100%10051 100% 100.6 Ico%l
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2018 2510
5020
2021
2022
+i
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l 2023 252<
.
2535
2025 I 2027
2026
2020^ 2030I 2011 ' 2032 20333RAADMINISTRATICN
5COSTS
10,95 5
11,054 1 S
11,175 5 11,295 IS
..
15,51515
..
... ..
_
.. .. •..
.
,
10,817 11,542 15
11,658 5 11,794 5
11,922 5 •
12,050 5 12,161 5
12,312 S
12,4451 S 12579 I S 12,7155
-
14515. 5. 10,935 S
71,054 5
11,175 5 11,256 IS. 11,419 .1 5, 11,542
5
11,668 5 11,754 . 5
11,522 5
12,050 5 52,181 S
52,312. 5
, 15,555 5 , 12579 5 12,715,,21'5,6 5 21,871 5
22109 S ,549 15 .2592 51 22,637
5i. S
23,33553,085 5 , <.588 5
.23,64 5
• 2<,151 15
., 24,381 S
24,524 ;24,890 5 25,59 . 15 25,420
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•PROPERTY BOUNDARIES, PROJECT AREAS; AND -LEGAL DESCRIPTION
Parcel 1 (Project One Area);part,ofLots 2, 3 and 4 of Block 245 of the Original Plat 'of the City of Lansing, InglianiCounty, Michigan being more particularly described as Commencing at the:;Northeastcorner of Lot 1; thence_800°38'28"W, 43'0:10 feet; (Recorded as S00°05'21"W, 430:37feet) along the Westerly right of way of Cedar Street (82.5 feet); thence Westerly 123.56feet" along-the-an 6f .a curve to the left,: having' a radius .of 451 57 feet, a delta angle of
5''409 ,and a,chordbearing S82°46'187,123:18, feetto thepoint ofbeginning.ofthe . :f
g described -parcel- hence Westerly, 135.01 . feet along the arc of a curve to theleft, having a radius..of 451,,57 feet, a :delta angle of 17°,07'51' ,and a chord bearing.S66°22'04"W, 134:51 feet;-thence N32°11'53"W;212:85 feet (Recorded as'"N32°43'09"W); thence N00°36'37"E, 100.84 feet (Recordedas: N00°05'27 "E)thence
°23 '23 "E, 1IZ.pO. feet;. thence00°36'.37W,2
9..29.feet;.,thence,S32°13`28"E,,232.33S 89.
. . .feet to the:.point ofbeginning, Containing 084 acres, more or less and subjectto'anyeasements or restrictions of use orrecord
Parcel 2 (Project Two .Area)`'Part of Lots 1 and 2 ofBlock 245 of the Original Plat of the City of Lansing, InghamCounty, Michigan being more particularly described as:Commencing at the Northeastcorner of Lot 1; thence S00°38'28'W, 430.10 feet, (Recorded as: S00°05'21"W, 430.37 .feet) along the Westerly right of way of Cedar Street (82.5 feet); thence Westerly 123.56feet along the arc of a curve to the°left, having a radius of 45.1-:57 feet, a delta angle of15°40'39" and a chord bearing S82°46'18"W,123.1. 8 feet; thenceN32°13'28"W, 232:33feet; thence N00°36'37"E, 29.29 feet to the point of begrnnng of the-following describedparcel; thence N89°23'23 "W, 112:00 feet; thence N00°36'37"E, 222:16 feet (Recorded as:N00°05'21 "E) to the Southerly-right of Way of Shiawassee Street (82 5 feet),-thenceS89°25'38"E, 112.00 feet, (Recorded as: 389°58'2.0''E); thence S00°3.6'37"W..; 222.23 feetto the point ofbeginning. Containing 0.57 acres, more or less and subject to anyeasements or restrictions of use or record.
Future Project Parcel (Future Project Area)Part of Lots 1, 2, 3 and 4 ofBlock 245 of.the Original Plat of the City of Lansing, InghamCounty, Michigan being more particularly described as: Beginning at the Northeastcorner of Lot 1; thence S00°38'28'W, 430.10 feet, (Recorded as: S00°05'21'"7, 430.37feet) along the Westerly right of way of Cedar Street (82.5 feet); thence Westerly 123.56feet along the arc of a curve to the= left, havingaradius of 451:57 feet, a delta angle of15°40'39" and a chord bearing S82°46'18"W,123.18 feet :thence N32°13'28"W, 232.33feet; thence N00°36''37"E 251.52 feet to the Southerly. right,of way ofShiawassee Street(82.5 feet); thence S89°25'38"E;248.23 feet, (Recorded = as: S89°58'20"E) along said rightof way to the point of beginning. Containing 2.23 acres, more or less,`and subject to anyeasements or restrictions of use or record:''
e,.WeRECYCLE
Future Project Parcel:Part of Lots 1, 2, 3 and 4 of Block 245 of the Original Plat of the City of Lansing, Ingham County, Michigan being , moreparticulaily described as:Beginning at the Northeast corner of Lot 1; thence SOO'38 '28"W, 430.10' feet, (Recorded as: S00'05 ''21"W;•430.37 feet)=olongthe-Westerly right ofway of Cedar Street (52.5 feet) . thence<Westerly 123.56deetalong the arc of a curve to the; left, having a rgolus of. 451:57 feet; at delta angleof 15'40'39" and a chord 'bearing 562"46'18"W, 123.18 feet; thence 1.13213 '25"W, ;232.33feet; thence 140036'3,7"E, Z51.52 ;feet to the Southerlyright of way of Shiawossee . Street (82.5 feet) thence S89'25 38"E, 248;23-feet, (Recorded as: S89'58'20 "E) along said rightof way to the pointof beginning, Containing 223 , acres, (noreor , less and supject;to anyeasements-or. restrictions of use or record.<..,
Parcel 1:
)Part of Lots 2 3 and;4 rof Bloak 245 of the OnginallPlat Cifthe .City of,Lansing, Ingham County,. Michigan, being., more particularly described as:Commencing at the Northeast Comer of Lot 1 thence SO038. 26 W, 430,10 feet (Recorded as: SOD 05'2 W, 430.37 feet) along the betel-1y rightof way of Cedar Street,(82.5ifeat); thence' Westerly l123.55 feet'along'the arc of a curve to the left havln 'g ai radius'of'451.57 feet, a deltaangle of 15'40 '39 and a chord bearingSB2461B W, 12318,feet ,toitile .point ,af beginning ofethe following described ; parcel;,thence Westerly,135.01 feet along the arc of a' curve to the left having a radius of'451.57 feet,
delta angle Of 171)7 '51 " and a.. chord bearing 566'22 '04"W,134.51 feet; thence N3211'53"W 212:85 feet (Recorded as 143243'09"W) thence ;14003637 "E 100`84=feet (Recorded 'as: 1400'05'21 "E); thenceS8913'23"E, 112.00 feet; thence 50036'37"W 2929 feet thence S3213 '28 E; 232.33 feet,to the; point of beginning Copttlining 084-acres, moreor less and subject to any easements or restrictions of use or record;
Part of Lots 1-and 2 of Block 245 of theParcel 2
Original Plat of the City of Lansing, -Ingham" County ;; Michigan being more particularly described as.Commencing at the ' Northeastcomer of Lot 1 thence 50038`28 W; 430.10 feet; (Recorded as. 500'05 ' 21 W, 430,37 feet) along the Westerly rightof way of Cedar S tree t (82.5 feet); thence Westerly 123.56 feet along the arc of ocurye to, the left having a. radius of. 451.57 feet,,a.deltaangle of 15'40' 39' and a chord bearing SB246 '18" W, 123,18 feet; thence N3213 ' 28"W 232.33 'feet; thence 'N00'36 '37"E, '29.29 feat to the pointof beginning of the following described parcel; thence N89'23 '23"W, 112.00 feet; thence N00'36'37"E, 222.16 feet (Recorded as: 1400'05 '21 "E) tothe Southerly right of way of Shiewassee Street (82.5 feet); thence S89'25'38 "E, 112.00 feet, (Recorded,.as:S89°58`20"E);.thence S00'36'37 "W,222.23 feet to the point of beginning. Containing 0.57 acres, more or less and subject to any easements or restrictions of use or record,
,
1
589:25'38"E589, '25%38'E i
PROPOSED LEGALDESCRIPTIONS
GILLESPIE GROUP .
SUMMARY OF KNOWN ENVIRONMENTAL CONDITIONS AND SAMPT ;F.. LOCATIONS
Summary of Known Environmental Conditions,Marketplace Redevelop'raent Project-
420 East Shiawassee Street and 333 North Cedar StreetLansing, Michigan .
The Marketplace Redevelopment Property has a lengthy history of commercial andindustrial uses including, but not limited to coal storage, a foundry, train car manufactureand repair, a filling station, warehousing of acids and chemicals, a painting shop, and arailroad spur. The Property was last used by the City of Lansing for the Lansing CityMarket and other public uses.
Many of these historic uses would have involved. the storage and use of various chemicalsand hazardous substances. As a result, several environmental site assessments (ESAs)were conducted at the Property to evaluate soil and groundwater conditions and facilitateredevelopment of the Property. Two Phase I ESAs and two Phase II ESAs were conducted,the results of which were presented in the following reports:
• Phase I ESA dated May 29, 2007, prepared by.AKT Peerless Environmental Services(AX
• Phase II ESA dated July3, 2007, prepared by AKT,• Phase I ESA dated September 26, 2008, prepared by NTH Consultants, Ltd. (NTH),
and• Supplemental Phase II ESA dated September 29, 2008, prepared by NTH.
Twenty five (25) soil borings were drilled during the Phase II ESA investigations, and atotal of 27 soil samples and 4 groundwater samples were collected for chemical analyses.The following contaminants were detected in soil and/or groundwater at concentrationsexceed; g the Michigan Department of Natural Resources and Environment's (MDNRE's)Generic Residential Cleanup Criteria:
• Tetrachloroethene, trichloroethene, arsenic, and chromirvrn were measured insoil samples at a concentration above the Part 201 Drinking Water Protection(DWP) criteria.
• Arsenic and lead were measured in groundwater samples at a concentrationabove the Part 201 Drinking Water Criteria (DWC).
3 Arsenic, benzo(a)anthracene, and lead were measured in soil samples at aconcentration above the Part 201 Direct Contact Criteria (DCC).
• Chromium, copper, lead, selenium, and silver were measured in groundwatersamples at a concentration above the Part 201 Groundwater Surface WaterInterface (GSI) criteria.
• Napthalene, flouranthene, arsenic, chromium, copper, mercury, selenium andzinc were measured in soil samples at a concentration above the Part 201Groundwater Surface Water Interface Protection (GSIP) criteria.
As a result, the Property is a "facility" as defined by Part 201 of Michigan's NaturalResources and Environmental Protection Act (P.A. 451, as amended).
Contaminant CAS Nos. Media Boring Part 201 Residential CriteriaExceeded
Lead 7439921 Soil DUP-200 Direct,Contact Criteria
Lead 7439921 Groundwater P-23, DUP-1 00Drinking
Groundwater Surface . waterInterface Criteria
Mercury 7439976 Soil B4, B-5, B-8, B-10, B-15,DLIP-200
Grouiidw-ater Surface WaterInterface-Protection
7782492 SoilBo, B-15, B-18, DUP-^200,
B-25GroundWa
rfkd WaterInterface Protection
Selenium 7782492 Groundwater B-14, FD-B-6, DUP-100 Criteria
Silver 7440224 Groundwater B-6, FD-B-6Water
,
Interface Criteria,
Zinc 7440666 Soil B-18, DUP-200, B-25 Interface Protection
In addition, other VOCs, PNAs and metals were also detected, but at concentrations less than generic
regdentiacleanup criteria. Contaminant concentrations are summarized {nTable N s|,Zaa and AK T's
and 2in Attachment I.
Due the presence VOCs, PN-As and metals in the soil and/or groundwater at concentrations above Part 201
gene ic residential cleanup criteria,
considered a"fad|hy!'
X&GENERAL LOCATION OF KNOWN CONTAMINATION
FigiireN^. Mdichment identifies the approximate boring locations. The origin of the soil and
groundwater contamination is nntcurferitlyknown, but is likely related to past industrial activities on the
property.
A 37
^.
7
4.0 KNOWN CONTAMINATION
-ISIOWl'i+IAZARDOUS SUBSTANCES PRESENT ON THE PROPERTY-
by AKT and ^ the Supplemental Phase || ESA at the
Pa
of^the
2Ol
RUoWIvy hazardous mbvan^^^e soil and/or groundwater atthe
applicable
presencergrnehc
criteria:e
....up
Section Zl\ the Phase II ESA study b
Interface Protection
;'-" CAS Nos. 'NIe'aia. Boring "
Part 201 Resiiientiaf Criteria
"-Naphthaldrie' 91203 Soil B-18, DUP-200Gro undwater Su rrace Water
,5 1dif NA66th&e 127184U0 sanno
Soil B-18 'Drinking Water Protection
Trichloroethene 79016 Soil B-18 Drinking Water Protection
--Banio(a)0Yre'rie 50328 Soil B-15, DUP-200 Direct Contact Criteria
Fluoranthene 206440 Soil B-15Groundwater Surface Miter
7440382 Soil
B10,'B-l 23-13,B-14, B-15, B-16, B-17,
B-18, DUP-200, B-19, B-21,B-25
Drinking Water Protection,Groundwater Surface WaterInterface Protection, Direct
Contact Criteria
Arsenic 7440382 Groundwater Drinking Water Criteria
Chromium 16065831Drinking Water Protection,
WaterInterface Protection,
Chromium..
16065831 Groundwater P-23Groundwater Surface Water
,
Interface Criteria
Copper 7440508 Soil 13- 18, DUP-200, B-25Groundwater S6i^aLd Water
Interface Protection
Copper 7440508 Groundwater 13-2 3, DUP-1 00Groundwater Surface Water
Interface Criteria
NT-to^^'
--
-
'
--'
- ' -'^
^
^^
LEGEND.4 BORING ADVANCED BY FIBERTEC ENVIRONMENTAL SERVICES
UNDER THE OBSERVATION OF NTH CONSULTANTS, LTD.ON SEPTEMBER 17, 2008
* .BORING ADVANCED BY AKT PEERLESS IN JUNE 2007
isames, cMeFPCU^R
ooaisgzsN
. ^
Ni]-!
1Consultants, Ltd.^ BORING LOCATION PLANFIGURE No,
KTT 2 24 4 SEP 2008CM. 3C..
'SHB =B0'.g
InfrastructureEngineering^/
I and Env i ronmental Serv icesLANSING CITY MARKET
SLC X 26 SEP 2008 LANSING,MICHIGAN
,
,
.ELIGIBLE ACTIVITIES DEFINITIONS::
REIMBURSELIZENT .PRO CEDURES
,
..
T" .
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1
The Lansing Brownfield Redevelopment Authority ("LBRA") will be governed in-itS , 'determinations as to whether activities are eligible for reimbursement or financing underthe Brownfield Redevelopment FinancingAct,1996 PA 381,--as mended (-"ihe:Ace),-by- thedefinitions -both set forth and those-incorporated into the Act and- 'by relevant'ri les =-•promulgated'aspart of the Michigani =Adrriinistrati e Code governing eligible'acti4 tiesreferenced in the Act. The LBRA may also consider guidance and memoranda issued-bythe Michigan Department of Environmental Quality ("MDEQ") and the MichiganEconomic GrowthAuthority. ("MEGA"), as they may relate to "eligible activities" andsupporting documentation provided by applicants for LBRA funds.
DEFINMONS.:. ;:
Eligible, Activities'
"Eligible Activities" are defined in the Act as one or more of the following:
Baseline=environmental assessment activities.Due careacttvities ;Additional response ActM ies '=
4 Infrastructure im provements that directly benefit eligible property.Demolition of structures that are not response activity under Section201-of theNatural Resources and Environmental Protection Act, 1994PA 451; MCL, 324.20101.Lead and asbestos abatementSite preparation that Tsnot response activity under Section 201 of theNatural Resources and Ei viro'anmental Protection Act, 1994 PA 451,MCL .324.20101.Relocation of public bwlriings or operations for economic-development pu rposes'with prior approval of the Michigan EconomicDevelopment Authority
LANSINGBRQWNFIELDREDEVELOPMENT AVTHORIT T
ELIGIBLE ACTIVITIES DEFINITIONS AND GUIDANCE
REIMBURSEMENT.:.PRO.CEDURESADOPTED" FORTlEIMBCRSEMENT OFT ANSING HOTJSING CO' SSION
:Baseii*^:eEnviionmeiata ` ssessineait .etavities="::•
"Baseline Environmental Assessment Activities".> are_.:defined'in::the Act as those "response
a)
activities" identified as part of a "browofield plan" that are necessary to complete a"baseline environmental asses meat'?,for an "elzgiblepiopert ' ' ii ,the"l xownf'ield plan".
"Baseline Environmental Assessment" ("BEA") is defined in Section 20101(1)(d) as an evaluation of environmental col ditaons which exist at a facility atthe time ; of purchase, 'occupancy, or foreclosure , that reastiiiabiy defines theexisting conditions and circumstance at the facility so that, in the event of asubsequent release, there is a means of distinguishing the new release fromexisting contamination.
.. . +: .
Due Care Activities
"Due Care pct vi es"t axe defined in the Act as those "response acii% ides" identified =as part ,of a "brownfieldplan"that are necessary;,to sallow the;owner or operator of ail,"eligible.. r <,property".in the plan to :complyawith the requirements, of Section 20107a ,of Part 201°of
qe
Section 20107a of Part 201 of NREPA provides :inn releva:mt:;part:as follows:T,
1.
A person who owns or operates property that;lie M'SIte'Fhas knowledge is a facility shall do all of the followingwith respect to hazardous substances at the: facilityr; ,
r -sac
;?_
s'-s'
is
.S, .. _
^^:. r•.... ^°
1.
Undertake measures as necessary to preventexacerbation of the existing contamination.
,
Exercise,due;care;bynnderta dng response activitynecessary to mitigate unacceptable exposure tohazardous„substauces,"mitigate'fire and explosionhazards due to; hazardous substances, and allow for
. ,. e intended) use of the facility in a manner thatprotects the public health and:safety.
3.
Take reasonable precautions ,against the reasonablyforeseeable acts or omissions of a tbird,party andthe consequences that foreseeably could result fromthose acts or onliss ons
< ,
Coinplianee, fib this section. does not satisfy a person'sobl gataon4otperform respQaas activities as otherwiserequired under this pa :t.
:
,.AOIditionol:'-Resp.onse Activities
"AdditionalResponsenketiViliesare.7definedintheActas-thog&"respOttSe activities' aspactivities";'and ":due: care; activities'."
art of a "brownfielcLplAn" :that are,in-,,additionforan"eligible property,:.:.':.
"Response Activities"-are deflned in the Act by reference to the definition Sntion 20101of Part 201-of NREPA.
"Response Activity" is defined in Section 20101 of Part 201 of NREPA as"evaluation", "interim response activity", "remedial action", demolition, orthe taking of other actions necessary to protect fhepnbhc health, safety, - =,welfare, the environment or the natural resources. Response activity alsoncludes health assessments or: health effect studies carried Out under -the'supervision, or with the approval of, the deparimentof-pttblichealth-andenforcement actions related to any response activity.
"Evalltation" defined in Sedion:20101. of Part 201 ofNREPA daisactivitiesincluding,"butnotliMitedin,,investigati6ta, stadietanplin l ;analysis; deyeIopntetit feasibility-studies,=and
6: effcitts thatare needed to determine the -natal.of arelea-ieorthreat
-'..,
of=release- and necessary:response::activities:
"Interim=Response Activity". is,deftned inSection'20int of Part.'NREPA 4s thecleanup xemoVal -of: z zrele -ased haz- ardottS -sub stanceor-the
., .
taking'-of other actions,`: prior, to the:implementation of a remedial-action,-ast.:
be.necesSary ti4revent,rninitni7e;
Litigate injury ttithel'.public• health, safety, welfare, or the environment. Interim response activity'alsoincludes, but is not limited to, measures to limit access, replacement of watersupplies, and temporary relocation of people as determined tob"e necessary''by MDEQ. In addition, interim response activity means the taking of otheractions as may be necessary to prevent; Minirri,-,orendtigate thr-eAteiietrelease.
-: .4 'RethedialAttihii"is defined in Section 2010I-Of Part=201 of NR PA toinclitde;btat 'is not limited M, :cleattitp,reltonal, e6ii6litiri6it., i§'.tiWiiiiidestruntbn; nr-treattitent of a Ita.zardoui ,substance released or threatened to
,
releasedinto the ettAitMMent,MOttitbrini, Maintenance, ottheidngMitigate Witty
-to the public h6al-th ',Safety,'welfare ; .oktO the environment.
.'
Infrastructure Improvements
"InfraStructitre''IMiprtiVeniettte?4 defie-dinthe Act as A `s-treet;read 'sideliValk,'pidii.g
facility, pedestrian mall, alley,. bridge, sewer, sewage treatment plant, prop.ert=y° designed .totreduce, 'eliminate or prevent the spread of identified soil or groiiiii.iivvater contamination,- 'drainage system, waterway, waterline, water storage facility, rail line, utility line orpipeline,.or<other similar !related structure-or improvement, together with necessaryeasements forr!theestruuctur;e:or im.prov,,ement, owned
edr,.usby:a Palle agency !orfunctionally connected to similar orsuppor ingproperty owned-or used..by a a "public agency,or designed or dedicated to use by, for the benefit of, or for the protection of the health,welfare, or;safety-'of theapublic>generaily; Whether :or aot used bya single business or entity,provided that nay road, street, or bridge shall be continuously open to public access and ,
that other property shall be located in public easements or right-of-way and sized toaccon maodatezeasonablyfereseeal l'edeveliopmetntofeligibleprr.opertyinadjoining areas.
Brovkinfiel:d';Plan..and Eligible:Property
"Brownfield Plan" is defined in the-Act-as ;a plan that meets, the requirements of Section 13of the Actand,is adoptedrun.der Section 14. of the Act. ,
"Eligible Property" is defined in the Act as property for which eligible activities are definedunder abrownf eld'plan that'was used or'is currently used iforlcommer:.cial, i ndustrial orresidential-purposes that is either in a qualified local unit of govex .ment,and:is a facility,functionally iobsolete;,blighted, or isnot rin a go.alt ed local un .t. of government and is afacility, , and, ineludes parcels that are adjacent or contiguous to that propertyxif thedevelopment of the adjacent and contiguous parcels are estimated to,iucr:ease. the capturedtaxable value of that property. Eligible property includes, to the extent included in thebrownfield plan, personal?property doeated,on the property. Eligtible property°does notinclude; qualzfiedagricultural property exempt under Section lee of the general propertytax Aet, 1983 PA 206, MCI, 2117ee, from ,the tax levied by a local school district for schooloperatingpurpeses to the extent provided under Section .211 of the revised'!school code,1976 PA 451, 1CL 324.20101;
ADMINISTRATIVE RE-LES
Baseline Environmental Assessment Rules
Baseline Environmental Assessment Rules have been promulgated as Rule 901 throughRule 919! of{he Micinga i kclrninistrative Code 82999.5901 to 99.5919 effective March 11,1999.:mEQ has also published guidance- onBEAs entitled " lustructions for Preparingand Disclosing Baseline ,Environmental Assessments;and^Secdoxn 7a Compliance AnalysesTo The Michigan Deparrtnient of Environmental Quality' :andforRequesting OptionalDeterm,nations" effective date Mareh 11.,,1999 ("Jfnstructiions") TheLBRAnlaytake intoconsideration whether an applicant's, proposed activittesfallswithin activities reasonablycontemplated by the Act, Rules and Instructions, as they may be .amended, and otherguidance as may be issued from time to time by the MDEQ.
The BEA.Rules. and lnstructions,.reflecf,that in additions te: collecting Alata to ;distintguish :, _
existing-contamination froan-a new:release, numerous forms; affidavits', notices, st pulattohsran3•adu iniistrattve :r eview aybe part of the "BEA,acti'vities
f.`., r
The data required to distinguish exlstiugcontamination from anei release may bethrough one or more of the following: environmental data that characterizes conditions atthe property, engineering controls, isolation zones or stipulated conditions. Such activitiesas the collection, development, review andpresentation of'this data,may:lieconsidered tobe "BEA-activities"Fees required to be paid to the State of Michigan pursuant to the BEARules -may be considered as eligible activities
related
be considered "BEA activlties".and
Preparation of various forms contemplated by the BEA Rules 'and Instructions including,
Negotiations with the MDEQ regarding the adequacy of the BEA, notices, determinations
but not lirmitedto, the BEA form, Section 7a Compliance Analysis form, Notice;R:egardingDiscarded 'or Abandoned, Containers form, Disclosure of a:BEA'form, Affldavitin Supportof a Disclosure Relying on Isolation Zones, Engineering Controls orOther`5imtlar Featuresfor a BEA, Petition for a BEA Determination, Affidavit in Support of a Petition for:,a BEA-Determination, Affidavit of Environmental Professional in Support of a Petition for a BEAAssessment Determination, Affidavit of Environmental Professional in Support ,of a se -,Petition for a Determination of Compliance with Section 20107a, form to Cure Deficienciesin a BEA Assessment; Affidavit.ni'supportof Information to Cure Deficiencies in a BEA,Submittal of Post-BEA Information.,;Affidait=in support of Submittal .ofPost-BEAInformation, may be considered "BEA activities".
Due Care-Wales havebeei proit igatedas Rule 1001 throe h.Rule.1021 ofthe:MichiganAdministrative Code R299.51001 to 8299.51021 effective MarchlI;1999.. The IVJDEQ has?also published Instructions for the Notice Regarding Discarded or Abandoned Containersrequired by the Due Care Rules.
The LBRAemay take into consideration.whether an applicant's=proposed'activities-fallwithin:activities; reasonably-contemplated by the.DueCare Rules and== lnstruetions,as theymay be amended, and other guidance' as maybeissued froth time-totime.bythe ] EDEQ:
The Due CareRules require-certain ownerssto:take "response activity"and'to provide"notice" with respect ;to. contannin•ation.that he,or, she-has =knowledgeisemanating =from, Tors:has emanated from, and extends to or .beyoi d, the'bout'iidaryofthe property tliat°he-or sheowns or operates. These Due Care Rules apply to, among other things, certain discardedor abandoned containers and released or threaten releases of hazardous substances. TheDue Care Rules require that documentation be maintained regarding, among other things,
Construction-of;isolationzones and engineerng.-controls::relied on:forzth:eBEA:may=beconsidered "BEA activities"..
Due Care Rules
au'•evalua.Lion'ofexposure pathways; a the eoncentira'tson ofhazardtiusi:SUbstaneeslo,whieh a.e. 'person may be exposed, a description 'of res ionse aetioi 's'taken'o'r. to'°]ie tal^eni''an^l records
documenting response actions taken. Activities undertaken to' fulfill these "responseactivities"; notice and domnentationtequirementsmaybe considered "dimease`activiiies"..
c :
L,..
y
?iz!
.`' ,,a
The Dueare,R:ules,imposedetailed obligations upon certain owners to preventexacerbation of<e isting:;cdfatariunatioii particularly with respect to certain aboveground"and belowground containers including notice obligationsand.respouse'actr:vities. Activitiesundertaken to fulfill these "response activities" and notice obligations may be considered"duecarer.
t a,s
ree,
The Due Care Rules also require activities to mitigate tunacceptable'exposures includingexposure evaluations, response activities and notice to potentially affected persons such asworkers; utility workers easement'hol ders and owners of mineral rights; among othersThe=Due..Care:Rules ievire,mitigatiod. afire-and 'eplosion,izazards anti certa n noticeswith respectto '.iii ::i.,l;. f' addition tlieR.ules require"notice of-contamination `migrating beyoad boundaries of theowned-proper=.ty Such initigation. evaluation°an lnotice activities abay be considered-"dim care activities".
a ,.^r S
Response Aciavxiy Rules
i
,
r ..
'`..' , ... .
In addition teethe BEA Ru1esaucl Due Care-Rules which discuss certain ResponseActivities; Rules; adopted.n .der'Part.201of NR.E+ P . mayprovide guid ai:ce :for "responseactivities".
IEQ has issued draft rules for Part201. Administrative'rules 'adopted under ,Aet 307(predecessor to Part 201) entitled Administrative Rules-Environna- ental''Conta irmnation 'Response Activity are also available as guidance on "response activities". The draft 201Rules and the Act 307 Rules are available on the lViDDEQ Internet site.
U]E EN NTH JC^f3CED S'- COSTS PO BE<]^E' B, URSED IT TAX.:REk1Y•Ll3B CREN.CENT:REVENUES
,.Brownfield Plan Contract
Upon approvaPofa:BarownfieldTlat for eligibleproperty!or the inclusion of additionalparcels of eligible' property zn;arBrowwnf' .geld'.Plapwhere:theaowner/operator proposes=to.seek reimbursement of.costs.ffor eligible activitiesxat eligible property, the:LBR:A; mayrequire the owner/operator to enter into a contract with the LBRA specifying the rights .and obligations, of theparties,titerms jand' co yadationsaand schedules ',governing they capture ofthe ;taxes;Frequests for rreim:bursemezi frequired)documentation determinat on ofeligible : ;activities, reimbursement process' and dispute resolution.
^:..:
I.e . J: rf,
F'5 ..::b.1.,
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41
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Documentation of Eligible Costs
,ess.ii.,tyr se .
.s,e
,sesee
.
.
Parties seeking reinabursement costs 'of eligible activities attributable to eligible .propertyshould submit to the LBRA requests for reimbursement on a monthly basis. Theserequests should bdude the following:
1.
Reference to the Approved. Brownfield Plan and parcel.
2
The total amo:unt'of the
reimbursement request_:at as.ez,tesse a.te.s.aest...E. 'e.Thetotal aniOnlitofthereinaburselnentrequest0sn.-tight.-to di:tee seas b
'
es .. yirsuant-ni the Appre*eelBro.yvitfieldlPlan:s.e
4.e : :..:Identification oof each elieble..activityis.2 .1thealtem, the as gheiated
.
.. costs, with; copies of detailed inStobes::folethe. eligible activitiesactivities. andte't seet
,t. :proof ofPayinent.: (parties seeking reimbursement°shouuld trequestdetailed billings from contractors splitting out fees.: and eosti . ofeligible:; activities from`sother;services)
5.
Other nfoisaiatkm -and elacur^aentatian that :.may assist flieLBRA in -et
determining whether the costs are for eliObleiietivities attribittableio ran eligible property and that the costs are reasonable. Thisdocumentation may include evidence of a compelitiV&bidding processand/or evidence that the costs are for eligible activities.
.‘ .
‘ 6.
Certification by:an authorized representative of the party seekingreimbursenient .that a) he or she hag reviewed the request forreimbursement, b) the costs are for eligible activities attributable toeligible property, c).the request is for costs ineurredsand-riaid and d)he/she is authorized to seek reimbursement and to make thecertification on-behalf, of the party seeking,reinibursement
The LBRA-willmake the final determination of eligibility for all requests forreimbursenient.Reimbursements will take place as tax capture allows. Reimbursement paymentis expected tooccur biannually: in early spring and late summer of each year. No payments will be made ifprnperty-; .pxes on any of, the eligible properties 'are delinquent.
The LBRA will make every effort to follow the reimbursement schedules as specified in LBRABrownfield Plans. Fora specific Brownfield Plan, the LBRA will not reimburse prior to _or inexcess of the amount of taxes captured from the eligible propel 4. Shortfalls in capture will resultin proporttonate reductions m allocations made for eligible activity reimbursements. LBRAadministrative and legal costs for establishment and administration of-the Brownfield Pia.ngoverning the eligible property take priority for reimbursement over all other eligible costs.
e,
sThe LBRA reserves the right to ..deny or make partial .reimbursement ed. requests for *reimbursement, which it deems not in accordance with the Brownfield Plan, the Act:andprocedures, established by LBRA for reimbursement.
:r::ELIGI LE ACTIVITIES DEFINITIONSI:ANp ,
• . ':,: REThfBURSEMENT PROCEDURES •
• _ ....
/ , -ADOPTED . FOR, EIMBURSEMENT,OF:THE+7[ BRA (whe5i'.applicable)1 .
i !
ELIGIBLE ACTIVITIES-DETERMINATION
The Lansing Browafield`Redevelopment Authority °("LBRAA") will: bej.governed in itsdeterminations,as:to;whether,activities are eligible°for r.:eizribur's'e nent` or fr.anciag underthe Brorwufield Redevelopment`Fiuancing Act,1996 P.A3:81,ias:•amended ("the Act"), by thedefinitions both set forth and those incorporated into the Act and by relevant rulespromulgated as part of:the Michiganu, Arimi iistr`.alive.Code,gover ling "eligible activities"referenced in th'e;Act The;LBRAlmayalso consider^guidance:and Memoranda issued by
. Do.cumiep,tatibi tif:Eligible Costs
For purposes of this plan the LBR,4. shall review .ail costs to be reimbursed using taxincrement, revenue: ;Ti,-formationpro{.vided:to:the LBRA ;regardmg g:the'eligible:costs to bereimbursed , under this plan. should include the following:
I2:eference to the approved brow eldlan andparcei.
2. The totalamount of the reimbursement request.
3 The•total amount of;any,previousxeitabursemeht(s) approved:bythe'LBRA .relatedto the ,brownfleld=plan.
is
^E f, ;.4 ...;:^
r.;
t,;
4. Identification of each eligible activity, the''associated ecosts, vviith c'opi.'es ofdetaia.edinvoices for the eligible activities and proof of payment., ;
'fiber information aiid ‘do-cum'tatiori that.may assist the LBI2k iii deterrmninwhether the costs arefor eligible aurvities attributable to an eligibl propertyAnd That tae costs are:reas'onable
ti.. _ .r.
^, .i ;,
an ',
rr
.
The LBRA will Make the final determinaiaozi of eligibility for all reimbursement(s).Reimbursement(s).iyvi-ll;takeplace as;taa;captare aloevs and: is: antieipated!t&occurbiannually: in early spring and late.summer;:of eachyear: ;.-
s:. z:^
r- ^. :f= ..
the Michigan Department of Environmental ,Qualityy ("NID.EQ"). ,and the Michigan .
Economic Growth}Autl ority ("MEGA") as. theymaY:!'relate toy:"eligible activities" andsupporting documentation provided;by' applicants :for LIBRA funds
REIIVC T7€LSE I -I.PROCE7 UR3ES' C•OS 'S TO BE REIMI3 ED WITH TAXINCREMENT;RE'
City of Lansing
:.Inter-.[?apartmentaL ..:.:.:....:.Memorandum
Froze
Kati Dorshiti e --:LEDC VP -Ph 483 - 4`152' '
Subject:
CITY COUNCIL AGENDA ITEM - Brownfield Tlai #52 - Ivlarketpl'aceRedevelopment Project
Date:
Septeixiber•.9;2010 3.
Please forward this resolution to City Councillor ,placement on the. Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
"Equal Opportunity Employer
w;i.x,
.,r:.i ^.y ..
.
BY THE DEVELOPMENT. AND . PLANNING- COMMITTEERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
RESOLUTION APPROVINGBROWNFIELD PLAN #52 - MARKETPLACE PARTNERS, LLC
WHEREAS, the Brownfield Redevelopment Authority (the `Authority') ;of ; the, City of Lansing,pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act,Public Act, Public Act 381 of 1996, asIamended, (the `Act')./ has prepaged,a;BrQw.nfield Plan,submitted to Council and placed on file in the office of City Clerk, LBRA Brownfield Plan #52 -Marketplace Partners;-LLC (the 'Half ); .and,
WHEREAS, a public hearing was held by the Lansing City Council on October 11, 2010, and at least10 days before the public hearing the taxing jurisdictions were provided notice to be fully informed.:.about the fiscal and economic implications of the proposed Plan and given a reasonable opportunityto express their views and recommendations regarding the Plan in accordance with Section 13 (10)and 14(1) of the Act; and _
WHEREAS, the Lansing City Council; after its public hearing on , revie'uved testinnony a'nd' eviderieeregarding the Plan, and found that:
1. the Project Property was historically used for industrial and retail purposes ,
2. the Plan provides for the reimbursement of costs attributable to eligible activities to the.developer and the Authority,
the Project includes, in addition to the eligible activities identified in the Plan, theredevelopment of the property,
4. the Project may result in new private investment of approximately $23,127,166,
5. the Plan provides for the capture of property tax increment revenues due to the privateinvestment on the site, and devotes them to repaying the Authority for its' costs associatedwith eligible activities it performs, and to repaying the developer for their costs associatedwith eligible actives they perform, in accordance with the Plan,
WHEREAS, the Authority Board of Directors, at its meeting on September 3, 2010, unanimouslyrecommended 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 further finds:
1. The Plan constitutes a public purpose under the Act;
2. The Plan meets all of the requirements for,a Brownfield Plan set forth in Section 13of the Act;
;iii.".. ^..,.
it 3...
:l).`. ..
..
3.
The proposed method of financing the costs of the eligible activities,: as described.the .Plan,, is feasible and the Authority has the ability to arrange the financing; .
..: .. : The costs of the eligible activities proposed in the Plan are reasonable and necessaryto carry out the purposes of the Act; and
5.
The amount of the captured taxable value estimated to result from the adoption of thePlan is reasonable.
IT IS FINALLY RESOLVED that the Lansing City Council hereby approves the LBRA `BrownfieldPlan #52 - Marketplace P artn.ers, LLC'.
Approved for placement on City Council Agenda.
City Attorney
Date:
THIS ITEM
NOT AVAILABLE
AT THE TIME OF PRINT
Chris SwopeLansing City Clerk
September 29, 2010
City Council President and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933
Dear Council Members:
The attached application for a permit/license has been submitted to the City Clerk'sOffice, and is being forwarded for your consideration and appropriate action:
A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C LicensedBusiness with Dance-Entertainment Permit, located at 418-420-428 EMichigan, Lansing, MI 48933, Ingham County, through issuance of 1,500shares of stock to the following new stockholders: Douglas Cron, Joseph W.Goodsir, Jr., Tracy Johnson, and David Krause; through issuance of 750shares of stock to the following new stockholders: Stephen Crowley, andBruce Ferguson; through issuance of 500 shares of stock to the followingnew stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon; andthrough issuance of 250 shares of stock to the following new stockholders:Charles J. Hartman and Victor W. Loomis, Jr.
Sincerely,
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 o 517-377-0068 FAXclerk.cityoflansingmi.com [email protected]
Chris SwopeLansing City Clerk
REPORT ON APPLICATION FOR:
ACTION
TYPE OF LICENSE
q Transfer Ownership
El Class C
q Transfer Location
q SDDq Add Partner
q SDMq Drop Partner
q Tavern
Other: Transfer Stock
q Other:
NAME:
Contact: Carlin, Edwards, Brown & Howe, PLLC
517-321-4616Attn.: Attorney Michael J. Brown6017 West St. Joseph Highway, Suite 202Lansing, MI 48917
Applicants:
The Nuthouse, Inc. - Douglas Cron - 517-337-8520. Joseph W. Goodsir, Jr. -517-337-7577 Tracy Johnson - 517-351-1500 David Krause - 517-337-8520
THE REQUEST: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed Businesswith Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI 48933, InghamCounty, through issuance of 1,500 shares of stock to the following new stockholders: Douglas Cron,Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; through issuance of 750 shares of stockto the following new stockholders: Stephen Crowley, and Bruce Ferguson; through issuance of 500shares of stock to the following new stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon;and through issuance of 250 shares of stock to the following new stockholders: Charles J. Hartmanand Victor W. Loomis, Jr
Location Approval
City Clerk Receipt
Signature & Date
Signature & Date
Chief of PoliceLansing City Clerk's Office
Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695517-483-4131 $ 517-377-0068 FAX
clerk.cityoflansingmi.com $ [email protected]
City Treasurer
Date to City Council /0 ' (-l ^ c2
FEE PAID
$200.00 DATE PAID 8-20-2010 TO DEPARTMENTS 8-20-2010If you have any questions, please contact Kevin at: 483-4135. Thank you.
*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE*
FAX 377-0068
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAXclerk.cityoflansingmi.com $ [email protected]
48120/2010) Doug Chambers Nuthouse Depts Approval Request.doc
Page1^
Chris SwopeLansing City Clerk
REPORT ON APPLICATION FOR:
ACTION
TYPE OF LICENSEq Transfer Ownership Class Cq Transfer Location
q SDDq Add Partner
q SDMq Drop Partner
q Tavern.-
Other: Transfer Stock
q Other:.
NAME:
Contact: Carlin, Edwards, Brown & Howe, PLLCAttn.: Attorney Michael J. Brown6017 West St. Joseph Highway, Suite 202Lansing, MI 48917
517-321-4616
Applicants:
The Nuthouse, Inc. - Douglas Cron - 517-337-8520:-Joseph W.-Goodsir, -Jr. ---
_ , ..
517-337-7577 Tracy Johnson - 517-351-1500 David Krause - 517-337-8520
THE REQUEST: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C LicensedBusiness with Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI48933, Ingham County, through issuance of 1,500 shares of stock to the following newstockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; throughissuance of 750 shares of stock to the following new stockholders: Stephen Crowley, and BruceFerguson; through issuance of 500 shares of stock to the following new stockholders: ThomasR. Bramson, Jr. and demaif.er--Sctieeri; and through issuance of 250 shares of stock to thefollowing new stockholders: Charles J. Hartman and Victor W. Loomis, Jr
Location Approval
City Clerk Receipt
Signature & Date
Signature & Date
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAXclerk.cityoflansingmi:corn $ [email protected]
A8/20/2-.Dl 0) Doug Chambers - Nuthouse Depts Approval Request doc
Page 2,i
ChiefPoliceCity
^^.Treasurer Sa4l ^(I)/9pl g, 19
/2Y/ /0
Date to City Council
FEE PAID
$200.00 DATE PAID 8-20-2010 TO DEPARTMENTS 8-20-2010If you have any questions, please contact Kevin at: 483-4135. Thank you.
*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE*
FAX 377-0068
of
4owti
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695:
517-483-4131 $ 517-377-0068 FAXclerk.cityoflansingmi.corn $ [email protected]
(8/20/2010 Christopher Devlin Nuthouse Depts Approval Request.doc
Page 1
REPORT ON APPLICATION FOR:
ACTION* Transfer Ownership* Transfer Location* Add Partner* Drop Partner
® Other: Transfer Stock
Chris SwopeLansing City Clerk
TYPE OF LICENSENI Class C* SDD* SDM* Tavern
Other:
NAME:
Contact: Carlin, Edwards, Brown & Howe, PLLC
517-321-4616Attn.: Attorney Michael J. Brown6017 West St. Joseph Highway, Suite 202Lansing, MI 48917
Applicants:
The Nuthouse, Inc. - Douglas Cron - 517-337-8520. Joseph W. Goodsir, Jr. -517-337-7577 Tracy Johnson - 517-351-1500 David Krause - 517-337-8520
THE REQUEST: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C LicensedBusiness with Dance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI48933, Ingham County, through issuance of 1,500 shares of stock to the following newstockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and David Krause; throughissuance of 750 shares of stock to the following new stockholders: Stephen Crowley, and BruceFerguson; through issuance of 500 shares of stock to the following new stockholders: Thomas R.Bramson, Jr. and Jennifer Schoon; and through issuance of 250 shares of stock to the followingnew stockholders: Charles J. Hartman and Victor W. Loomis, Jr
Location Approval
City Clerk Receipt
Signature & Date
Signature & Date
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695
517-483-4131 $ 517-377-0068 FAXclerk.cityoflansingmi.com $ [email protected]
(8/20/2010) Chnstopher Devlin - Nuthouse Depts Approval Request.doc
Page 2
Chief
of ,G^///2 "' /lG^ J ^X®s L5 4Police CCityTreasurer
Date to City Council
FEE PAID
$200.00 DATE PAID 8-20-2010 TO DEPARTMENTS 8-20-2010If you have any questions, please contact Kevin at: 483-4135. Thank you.
*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE*
FAX 377-0068
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 $ 517-377-0068 FAXclerk.cityoflansingmi.com $ [email protected]
Chris SwopeLansing City Clerk
July 1, 2010
Nuthouse, Inc.C/o Douglas Cron4322 Juniper DriveKewadin, MI 49648
RE: A request from Nuthouse, Inc. to Transfer Stock in 2010 Class C Licensed Business withDance-Entertainment Permit, located at 418-420-428 E Michigan, Lansing, MI 48933,Ingham County, through issuance of 1,500 shares of stock to the following newstockholders: Douglas Cron, Joseph W. Goodsir, Jr., Tracy Johnson, and DavidKrause; through issuance of 750 shares of stock to the following new stockholders:Stephen Crowley, and Bruce Ferguson; through issuance of 500 shares of stock to thefollowing new stockholders: Thomas R. Bramson, Jr. and Jennifer Schoon; andthrough issuance of 250 shares of stock to the following new stockholders: Charles J.Hartman and Victor W. Loomis, Jr
Dear Applicant:
Please be advised that we are in receipt of the above referenced communication from the LiquorControl Commission.
To begin the City's review process, please remit $200.00 to the Lansing City Clerk to coverapplicable fees for necessary investigations, inspections and council action. For this particular case,the following administrative approvals are required:
DEPARTMENT CONTACT PERSON PHONE #
Lansing Police Chris Devlin 483-4633City Treasurer Doug Chambers 483-4119
Feel free to contact these offices to check on the status of your request at any time after payment ofthe above fee.
Once these approvals are returned to the City Clerk's Office, the matter will be placed on the Councilagenda for referral to the General Services Committee. The committee will review your applicationand prepare a report back to the Council. The Council will then vote on the resolution, after whichthe resolution is mailed to the Liquor Control Commission or picked up for hand delivery.
Please note that you may also be required to obtain a Cabaret License from the City of Lansing. Ifyour liquor license includes a Dance-Entertainment Permit or if the nature of your business includes
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 VV. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 o 517-377-0068 FAXclerk.cityoflansingmi.con
cleric©lansingmi.gov
dancing and/or live music or other live entertainment this license will be required. The currentCabaret License fee is $350, and you should apply after completion of your Liquor License.
We hope this information is helpful. Feel free to contact our office at 483-4131 if you haveany questions about the fee or approval process at the local level.
Sincerely,
Kevin Reeves, Chief Deputy City Clerk
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 q 517-377-0068 FAXclerk.cityoflansingmi.com q [email protected]
FOR MLCC USE ONLY
Request ID # 561990
Business ID # 3449
Michigan Del
}lent of Energy, Labor & Economic GrowthMICHIGAN LICwOR CONTROL COMMISSION (MLCC,
7150 Harris Drive, P.O. Box 30005Lansing, Michigan 48909-7505
LOCAL APPROVAL NOTICE[Authorized by MCL 436.1501]
June 22, 2010
TO: LANSING . CITY COUNCILATTENTION CLERK124 WEST MICHIGAN AVENUELANSING, MI 48933-1694
APPLICANT: NUTHOUSE, INC.
Home Address and Telephone No. or Contact Address and Telephone No.:DOUGLAS CRON, 4322 JUNIPER DRIVE, KEWADIN, MI 49648 H(231)264-9765/B(517)337-8520JOSEPH W. GOODSIR, JR., 2062 TIMBERVIEW DRIVE, OKEMOS, MI 48864H(517)381-1883/B(517)337-7577TRACY JOHNSON, 831 APPLEGATE, EAST LANSING, MI 48823 H(517)351-3305/B(517)351-1500DAVID KRAUSE, 117 CENTER STREET, EAST LANSING, MI 48823H(517)337-3078/B(517)337-8520
The MLCC cannot consider the approval of an application for a new or transfer of an on-premiseslicense without the approval of the local legislative body pursuant to the provisions of MCL 436.1501of the Liquor Control Code of 1998. For your information, local legislative bodyapproval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT ANDTOPLESS - ACTIVITY PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FORDANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the LiquorControl Code of 1998.
For your convenience a resolution form is enclosed that includes a description of the licensingapplication requiring consideration of the local legislative body. The clerk should complete theresolution certifying that your decision of approval or disapproval of the application was made at anofficial meeting. Please return the completed resolution to the MLCC as soon as possible.
If you have any questions, please contact Unit 3 of the Retail Licensing Division at (517) 636-0204.
PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURNTO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS
46,40.04_ 018
te,00(iv
sfsC"3
r7
. Request ID # 561990
RESOLUTION
At a
meeting of the(Regular or Special)
called to order by on at P.M.
The following resolution was offered:
Moved by and supported by
That the request from NUTHOUSE, INC. TO TRANSFER STOCK IN 2010 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 418-420-428 E MICHIGAN, LANSING, MI 48933, INGHAM COUNTY, THROUGHISSUANCE OF 1,500 SHARES OF STOCK TO THE FOLLOWING NEW STOCKHOLDERS: DOUGLAS CRON, JOSEPH W.GOODSIR, JR., TRACY JOHNSON, AND DAVID KRAUSE; THROUGH ISSUANCE OF 750 SHARES OF STOCK TO THEFOLLOWING NEW STOCKHOLDERS: STEPHEN CROWLEY, AND BRUCE FERGUSON; THROUGH ISSUANCE OF 500 SHARES.OF STOCK TO THE FOLLOWING NEW STOCKHOLDERS: THOMAS R.BRAMSON, JR. AND JENNIFER SCHOON; ANDTHROUGH ISSUANCE OF 250 SHARES OF STOCK TO THE FOLLOWING NEW STOCKHOLDERS: CHARLES J. HARTMAN ANDVICTOR W. LOOMIS, JR.
be considered for(Approval or Disapproval)
APPROVAL
DISAPPROVAL
Yeas: Yeas:
Nays: Nays:
Absent: Absent:
It is the consensus of this legislative body that the application be:
for issuance(Recommended or Not Recommended)
State of Michigan )
County of
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the at a(Township Board, City or Village Council)
(Regular or Special)
meeting held on(Date)
(Signed)(Township, City or Village Clerk)
SEAL
(Mailing address of Township, City or Village)
(Township Board, City or Village Council)
LC-1305 (Rev. 08/2006)Authority: MCL 436.1501Completion: MandatoryPenalty: No License
The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americanswith Disabilities Act, you may make your needs known to this agency.
_
j-
.DIVISION ;IfDEPARTMENT .CITY OF LANSING
'MICHIGANRECEIVED •OF-IhP *- - -fC; A---f!>'
DOLLAR
-"CENTS -
624067
DATE 8/g() 20/0
AND""'CR'EDIT `"'"
"'°--- AMOUNT"
IN PAYMENT OF
CASH:
CHECK NO. 05 .
AUTHOR TIED AGENT
.1-
Chris SwopeLansing City Clerk
September 29, 2010
City Council President and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933
Dear Council Members:
The attached application for a permit/license has been submitted to the City Clerk'sOffice, and is being forwarded for your consideration and appropriate action:
Correction to Resolution #2010-296; Transfer ownership of 2010 Class C and SDM withOutdoor service (1 area on city sidewalk) and Sunday Sales from M.I.K, Inc. to MadBags, LLC located at 1145-1147 S Washington Ave., Lansing, MI 48910
Sincerely,
Chris Swope, CMCLansing City Clerk
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 q 517-377-0068 FAXclerk.cityoflansingmi.com [email protected]
BY THE <<COMMITTEE NAME>>RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, on August 23, 2010, the Lansing City Council approved a request toTransfer Ownership of 2010 Class C Licensed Business, located at 1145-1147 S.Washington Ave., Lansing, MI 48910, Ingham County from M.I.K., Inc. to MadBags, LLC; & Request for New Dance-Entertainment Permit through Resolution#2010-296; and
WHEREAS, on September 24, 2010, the Licensing and Enforcement Division ofthe Michigan Liquor Control Commission informed the applicant and the CityClerk's office that its inspection of the property located at 1145-1147 SWashington Ave. included outdoor service, of which it was aware, but failed toreport in its original request that the outdoor service was on city property due tothe fact that they do not denote in their system if previously existing outdoorservice is on city property and this is only discovered when an inspection is done;and
WHEREAS, on September 24, 2010, the Licensing and Enforcement Division ofthe Michigan Liquor Control Commission submitted a request from Mad Bags,LLC to Transfer ownership of 2010 Class C and SDM with Outdoor service (1area on city sidewalk) and Sunday Sales from M.I.K, Inc. to Madbags, LLClocated at 1145-, 1147 S Washington, Lansing 48910; and
WHEREAS, the City Fire Marshall and Planning/Zoning department have statedthat no further inspections are required since outdoor service on city property hadalready been inspected as part of their original investigations; and
WHEREAS, the «Committee_Name» met on to review the request withaffirmative action taken;
NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,corrects Resolution #2010-296 through the approval of the request from MadBags, LLC to Transfer ownership of 2010 Class C and SDM with Outdoor service(1 area on city sidewalk) and Sunday Sales from M.I.K, Inc. to Mad Bags, LLClocated at 1145-1147 S Washington Ave., Lansing 48910;
BE IT FURTHER RESOLVED, the City Clerk is requested to notify the MichiganLiquor Control Commission of the action taken.
Sep. 24. 2010
3:33PM
STATE OF MICHIGAN
No. 1262
P. 1
STATE OF MICHIGANDEPARTMENT OF LABOR & ECONOMIC GROWTH
LIQUOR CONTROL COMMISSION
RESOLUTION
At a
meeting of the(Regular or Special)
called to order by _ on at
P.M.
The following resolution was offered:
Moved by
and supported by
That the request To:
Transfer ownership of 2010 Class C and SDM with Outdoor service (1 area on city sidewalk) and Sunday Sales fromM.I.K, Inc, to Madbags, LLC located at 1145-, 1147 S Washington, Lansing 48910
be considered for(Approval or Disapproval)
APPROVAL
DISAPPROVAL
Yeas:
Yeas:
Nays; Nays:
Absent:
Absent:
It is the consensus of this legislative body that the application be:
for issuance(Recommended or not Recommended)
State of Michigan ) .
County of
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the at a(Township Board, City or Village Council)
(Regular or Special)
meeting held on(Date)
SEAL
(Signed)(Township, City of Village Clerk)
(Township Board, City or Village Council)
(Mailing address of Township, City of Village)
9/27/2010) Kevin Reeves - Re Mad Bags (Former Izzo's Pub) 1145.1147 S Washington Ave.
Paste
From:
Susan Stachowiak
-To:
Kevin ReevesCC:
Bill RieskeDate:
9/27/2010 12:56 PMSubject:
Re: Mad Bags (Former Izzo's Pub) 1145-1147 S. Washington Ave.
No additional requirements or necessary inspections from a zoning standpoint.
Bill,
Do you have any concerns or requirements for the outdoor liquor service at Izzo's?
ThanksSue
Susan StachowiakZoning AdministratorCity of Lansing - Planning Office316 N. Capitol Ave., Suite D-1Lansing, MI 48933517-483-4085Fax: [email protected]
>>> Kevin Reeves 9/24/2010 3:05 PM >>>Phil and Sue,
City Council approved the above referenced transfer of liquor license with new dance-entertainmentpermit. Liquor Control was aware of the existing outdoor service, however they did not include that inthe request they sent. They have sent a revised request to include the outdoor service. Mad Bags hasnot received their license yet because of this issue. My question is, do you need to reinspect this locationwith this knowledge? I would like to get this matter before City Council this coming Monday night,September 27, 2010. Please advise.
Kevin ReevesChief Deputy City ClerkLansing City Clerk's Office124 W. Michigan Ave, 9th FloorLansing, MI 48933-1695
Phone: (517) 483-4131Voice Mail: (517) 483-4135Fax: (517) 377-0068TDD: (517) 483-4479Email: kreeves(a>lansingmi.gov
CONFIDENTIALITY NOTICE: This email contains information from the sender that may beCONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This emailis intended for use only by the person or entity to whom it is addressed. If you are not the intendedrecipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on thecontents of this email, is strictly prohibited. If you received this email in error, please contact the sendingparty by replying in an email to the sender, delete the email from your computer system and shred anypaper copies of the email you printed.
(9/27/2010) Kevin Reeves Re Mad Bags (Former lzzo's Pub 1145-1147 S Washington Ave
Page
(9/29/2010) Kevin Reeves Re Mad Bags (Former Izzo's Pub) 1145-1147 S Washington Ave
Page 1
From:
Philip SabonTo:
Reeves, KevinDate:
9/29/2010 8:51 AMSubject:
Re: Mad Bags (Former Izzo's Pub) 1145-1147 S. Washington Ave.
Kevin, sorry about this being late. I over look it. I do not need re-inspect the business.
Phil
>>> Kevin Reeves 9/24/2010 3:05 PM >>>Phil and Sue,
City Council approved the above referenced transfer of liquor license with new dance-entertainmentpermit. Liquor Control was aware of the existing outdoor service, however they did not include that inthe request they sent. They have sent a revised request to include the outdoor service. Mad Bags hasnot received their license yet because of this issue. My question is, do you need to reinspect this locationwith this knowledge? I would like to get this matter before City Council this coming Monday night,September 27, 2010. Please advise.
Kevin ReevesChief Deputy City ClerkLansing City Clerk's Office124 W. Michigan Ave, 9th FloorLansing, MI 48933-1695
Phone: (517) 483-4131Voice Mail: (517) 483-4135Fax: (517) 377-0068TDD: (517) 483-4479Email: kreeveslansingmi.gov
CONFIDENTIALITY NOTICE: This email contains information from the sender that may beCONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This emailis intended for use only by the person or entity to whom it is addressed. If you are not the intendedrecipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on thecontents of this email, is strictly prohibited. If you received this email in error, please contact the sendingparty by replying in an email to the sender, delete the email from your computer system and shred anypaper copies of the email you printed.
RESOLUTION #2010-296BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor ControlCommission received a request from Craig Landes & Jack Oliver to Transfer Ownershipof 2010 Class C Licensed Business, located at 1145-1147 S. Washington Ave.,Lansing, MI 48910, Ingham County from M.I.K., Inc. to Mad Bags, LLC; & RequestsNew Dance-Entertainment Permit; and
WHEREAS, the Committee on General Services met on Monday, August 16, 2010 toreview the request with affirmative action taken;
NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby, approvesthe request from Craig Landes & Jack Oliver to Transfer Ownership of 2010 Class CLicensed Business, located at 1145-1147 S. Washington Ave., Lansing, MI 48910,Ingham County from M.I.K., Inc. to Mad Bags, LLC; & Requests New Dance-Entertainment Permit;
BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan LiquorControl Commission of the action taken.
Chris SwopeLansing City Clerk
September 29, 2010
City Council President Robinson and Lansing City Council Members10th Floor City HallLansing, MI 48933
Dear President Robinson and Council Members:
On September 24, 2010 my office received and placed on file:
Board of Water and Light's Annual Audit for Fiscal Year ending June 30, 2010
This document is available for review at the office of the City Clerk and on the City Clerk'swebsite (www.lansingmi.gov/clerk).
Sincerely,
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAXwww.lansingmi.gov/clerk • [email protected]
01
Chris SwopeLansing City Clerk
September 30, 2010
President Robinson and Members of the Lansing City Council10th Floor City HallLansing, MI 48933
Dear 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 attached for your informationand review.
BOARD NAME
DATE OF MEETING
BWL Board of Commissioners
July 27, 2010Plumbing Board of Appeals
September 10, 2009
If I, or my staff, can provide further assistance or information relative to the filing of theseminutes, please contact us at 483-4131.
Sincerely,
Chris Swope, Lansing City Clerk
Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 q 517-377-0068 FAXwww.lansingmi.gov/clerk q [email protected]
DEPARTMENT OFPLANNING ANDNEIGHBORHOOD DEVELOPMENT
Virg Bernero, MayorNovember 5, 2009
OFFICIAL PROCEEDINGS OF THE CITY OF LANSINGPLUMBING BOARD OF APPEALS
Held at 316 N. Capitol Ave. at 7:00 pmSeptember 10, 2009
MEMBERS PRESENT:
BILL POND, STEVE RECK, EMMETT KELLY, TIM WAITE,`
MEMBERS ABSENT:
'TIM HAGGART nF
STAFF PRESENT:
FRANK EIROSIUS, SR., CHIEF PLUMBING INSPECTORDAVE BURTON, PLUMBING INSPECTOR
Chairman Tim Waite called the meeting to order at 7:08 p.m. On a motion by Tim Waite, supported byEmmett Kelly, the minutes of May 14, 2009, were approved unanimously.
Old Business: The Plumbing Board members asked if Frank Eirosius had received a response backfrom the Public Service Department and the City Attorney's office regarding inspections of buildingsewers on private property. Frank stated that he had been subpoenaed regarding the matter and askedquestions, however he has not heard back from them with their decision.
New Business: Case number PBA-001-2009 regarding 1601 E. Michigan Avenue was filed bypetitioners Alexander and Linda Beal. The petitioners were not present because they had called torevoke the appeal. They said they would be in compliance within 14 days from September 10, 2009.
The Board discussed Rinni continuous water heaters. After lengthy discussion they decided to handlethe continuous water heaters like any other water heater having the Plumbing department make theirdecisions on an individual basis.
Frank informed the Plumbing Board that a new House Bill # 4730 was introduced which addressessmoke detectors in residential homes.
The Board also had a lengthy discussion regarding geothermal systems and how to address a systemthat goes into a residential home.
At 8:39 p.m. a motion was made by Bill Pond and seconded by Emmett Kelly to adjourn. The motion wascarried unanimously.
Next Plumbing Board meeting will be October 8, 2009 at 7:00 p.m.
Draft Date: November 5, 2009Approved date:
q! c9-nn 1,0
316 N. Capitol Avenue, Suites C-1 • Lansing, MI 48933-1238(517) 483-4355 • FAX: (517) 377-0169
BUILDING SAFETY OFFICE
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cc:
Mayor's OfficeCity Clerk's OfficeAppeal folders
Appeals applicantsPublic file - originalBoard Secretary
Approved by the Board on 9-28-10
MINUTES OF THE BOARD OF COMMISSIONERS' MEETING
LANSING BOARD OF WATER AND LIGHT
July 27, 2010
The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive,Lansing, Michigan.
Vice Chairperson Lain called the meeting to order at 5:30 p.m.
Present:
Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain,Dennis Louney Marilyn Plummer and Tracy Thomas.
Absent:
Commissioner Sandra Zerkle
The Corporate Secretary declared a quorum present.
Commissioner Plummer led the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Bossenbery seconded by Commissioner Thomas to approve the minutesof the Regular Board Meeting of May 25, 2010.
Action: Carried unanimously.
PUBLIC COMMENTS
MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDASUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAYDO SO IMMEDIATELY PRIOR TO ADJOURNMENT.
There was no public comment.-------------------
COMMUNICATIONS
Letter of resignation from Board of Water & Light Commissioner Peter Kramer effective July 31,2010.
Received and Place on File .
Regular Board Mtg.July 27, 2010Page 2 of 24
COMMITTEE REPORTS
FINANCE COMMITTEEJune 8, 2010
The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansingbeginning at 4:00 p.m. on Tuesday, June 8, 2010.
Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretaryto call the roll. The following members were present: Commissioners Peter Kramer, MargaretBossenbery, Dennis Louney (arrived at 4:11 p.m.) Alternate committee members Tracy Thomasand Sandra Zerkle were present. Also present Board member Tony DeLuca.
Absent: Frank Lain.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Thomas, seconded by Commissioner Bossenbery to approve theFinance Committee meeting minutes of April 27, 2010.
Action: Carried unanimously.
Defined Benefit and VEBA Quarterly Updates
FY 3rd Quarter 2010 Reports
General Manager J. Peter Lark introduced Michael Muirhead, Associate Financial Advisor forMerrill Lynch Institutional Consulting Group who provided a 3rd quarter update and report on theDefined Benefit (DB) Plan and the Voluntary Employees Beneficiary Association (VEBA) Plan. Theupdate included information on Investment Managers' Performance, Total Portfolio Performance,Asset and Manager Fund Allocations and Distribution of Returns. Also included in the report is anupdate on Fund Manager Scores and Market Indices and Portfolio Information.
Mr. Muirhead stated that there was a dramatic turnaround in the market over a six week period andthat allowed the equity to finish positively during the first quarter.
Chair Kramer expressed concern with some of the unfavorable performances from the InvestmentManagers.
In response to Chair Kramer's concerns, Mr. Muirhead stated that every quarter there is going tobe divergences between the various fund's performance versus benchmarks. He stated theBoard's approach continues to be solid and just as some funds are trailing today, since the variousfunds inception have had periods of time when they have out performed the benchmarks.
Commissioner Kramer questioned what the expectations are when looking at our fund portfolioversus the appropriate benchmarks.
Regular Board Mtg.July 27, 2010Page 3 of 24
In response to Chair Kramer's question, Mr. Muirhead stated that every 90 days Merrill Lynchmonitors how the money is invested and how it is allocated to make sure that the investmentmanagers are managing the dollars in accordance with why they were hired. It means monitoringtheir process, their people and their philosophy to make sure they are holding true to that fund'sinvestment philosophy. Ms. Devon indicated that Merill Lynch was retained under Merrill'sexpectation that they could beat the benchmark by 200 bps over time using the activemanagement technique. From an evaluation prospective, Mr. Muirhead stated they believe thatinvestment managers and investment strategies need at least three years in order to be able toevaluate how those managers are performing.
DB Performance SummaryFY 2010 Third Quarter Ended March 31, 2010
Absolute Performance
Sources of Funds a) - in thousands Current Quarter (ending 3/31/2010) Since Investment Strategy Inception (3/31/2009)Beginning Market Value 80,232 66,078Net Contribution -2,009 -8,755Investment of Earnings 2,990 23,890Ending Market Value 81,213 81,213
VEBA Performance SummaryFY 2010 Third Quarter Ended March 31, 2010
Absolute Performance
Sources of Funds ($) - in thousands Current Quarter (ending 3/31/2010) Since Investment Strategy Inception (3/31/2009)Beginning Market Value 74,548 47,265Net Contribution 3,244 15,552Investment of Earnings 2,886 17,861Ending Market Value 80,678 80,678
The complete 3rd Quarter Reports are on file in the Office of the Corporate Secretary andavailable for public viewing.
ICMA Annual Update
Sandra Rouse-Thames, Director of Strategic Relations, provided background information on theICMA-RC plans. Ms. Rouse-Thames reviewed the Assets and Plan Asset Allocation for the 401and 457 plans, which included a breakdown of Plan Asset Allocation by age. She stated that thefull Annual Service Review Plan review is available with Bill Aldrich, Board of Water & Light'sManager of Financial Services.
John McCann, Regional Vice President provided an overview of the Fund Lineup and the planactivities of the 401 and 457 Plans.
Retirement Plan Specialist Linda Brooks reviewed the 2009-2010 education activities that occurredover the past year. The educational activities included individual consultations and seminars. Shealso spoke about upcoming seminars that will explore the establishment of the Roth IRAs andpayroll deduction.
Financial Accounting Standard (FAS) 71 Approval
Regular Board Mtg.July 27, 2010Page 4 of 24
General Manager Lark provided a review of FAS 71 to account for contributions associated withthe new chiller plant facility. He stated that FAS 71 is an accounting technique in which the goal isto match cost and revenue. Mr. Lark requested that he Finance Committee move a resolution tothe full Board that would allow the revenue that exceeded the write off of the Old Ottawa Stationfacility to be spread over the life of the new Chiller Plant.
On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to forward to thefull Board the proposed resolution to consider the Application FAS #71 for the Ottawa Stationfacility to be set up in a regulatory asset account.
Action: Carried unanimously
Internal Audit Update
Internal Audit Status Report
Internal Auditor Phil Perkins presented an overview of Internal Auditors Status Report thatincluded:
• Audits and Reviews completed to date in FY2010 and Audit/Reviews in progress• PlanninglRisk Assessments for FY2011
• Audit Reports completed since last update
Contracted Internal Auditor Charles Moore assisted Internal Auditor Perkins in reviewing thecompleted Audit Reports. The completed Audit Reports included Electric Transmission &Distribution System Audit, Engineering Services-Annual Projects, Fuel Procurement Follow-up andCash Receipts Follow-up. This report is presented in two parts. Part One of this report is theExecutive Summary that contains an outline of findings, recommendations and managementresponses. Part Two of the report is a detailed audit report that contains a description of programsand activities; audit objectives, scope and methodology and prior audit follow-up; comments,findings, recommendations, and management responses; and a glossary of acronyms and terms.
The complete Internal Audit Status Report is on file in the Office of the Corporate Secretaryand is available for public viewing.
Excused Absence
On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to excuse theabsence of Commissioner Lain.
Action: Carried unanimously.
There being no further business, the meeting adjourned at 5:30 p.m.
Respectfully submittedPeter W. Kramer, ChairFinance Committee
Regular Board Mtg.July 27, 2010Page 5 of 24
COMMITTEE OF THE WHOLEJuly 13, 2010
The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices,Lansing beginning at 5:30 p.m. on Tuesday, July 13, 2010.
Committee of the Whole Chair Lain called the Committee of the Whole meeting to order and askedthe Corporate Secretary to call the roll.
Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney,Frank Lain, Marilyn Plummer, Tracy Thomas and Sandra Zerkle
Absent: None
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Louney seconded by Commissioner Zerkle to approve the Committee ofthe Whole meeting minutes of May 11, 2010.
Action: Carried unanimously.
Resolution for Authority to Designate Representative to EPA
General Manager J. Peter Lark stated that the proposed resolution would allow him authority todesignate representatives for the purpose of reporting to the Environmental Protection Agency(EPA) under the Clean Air Act. He asks that the Committee forward the resolution to the full boardfor consideration.
On motion by Commissioner DeLuca, seconded by Commissioner Plummer, to move theproposed resolution for designating representatives to the EPA to the full board for considerationand approval.
Action: Carried unanimously.
Moore's Park Life Extension (Information Only)
General Manager J. Peter Lark presented the Board of Commissioners with the 2010 Moores ParkSteam Replacement proposal.
General Manager Lark stated that there are four steam boilers at the Moores Park steamproduction plant that produce steam for about 225 customers. Those customers are some of thelargest entities in the City of Lansing, including General Motors, City of Lansing, LCC, Boji GroupTower, Ingham County and the Accident Fund.
General Manager Lark stated that about a year ago he came up with an idea of how to address theproblems at the aging Moores Park Plant. Since that time the Environmental Protection Agency
Regular Board Mtg.July 27, 2010Page 6 of 24
(EPA) has proposed stricter regulations for industrial boiler emission. These regulations will costthe BWL anywhere from $30 to over $100 Million to bring the steam boilers into compliance withthem. In addition, the steam boilers are aging, 3 of them are 55 years old and almost beyond theirlife expectancy. With the new EPA rules the boilers will probably have to be replaced by the end of2013 and upgrading is really not an option.
Mr. Lark directed his Strategic Planning group to conduct a life extension study for the purpose ofdetermining the best option regarding Moores Park. That study resulted in the proposed plan tobuild a natural gas combined-cycle cogeneration plant that will be located in Reo Town. Thebuilding will include 180 offices with a goal to have the new facility LEED-certified. The project willbe an economic development boost to REO town and a positive step in the revitalization of thearea. The project will also create about 1000 construction jobs, as well.
George Stojic, Executive Director of Strategic Planning, stated that this project was initiallycentered on the Moores Park steam plant and was prompted by the need to comply with sometough environmental regulations being promulgated by the EPA as well as needing to make somesubstantial capital and maintenance related expenditures to keep the plant operational. Both themaintenance and the environmental expenditures are major operational and financial challengesfor the Board of Water & Light. There are also challenges with the electric generation side of thebusiness, especially with the smaller Eckert units. Eckert has 3 smaller units and 3 larger units.The 3 smaller units share some characteristics with the Moores Parks units in that they are old andquite inefficient. The units have rising operational and maintenance costs and will also face somevery tough environmental compliance issue in the near term. We have parallel requirements onthe steam side and electric side and it makes sense to address the problems simultaneously as itis much more cost effective and efficient to do so.
Mr. Stojic said that we asked ourselves if it is worth sinking significant money into Moores Park inthe light of the fact that we will also be losing our electric generation units 1, 2 and 3 at Eckert andwe are going to need some additional generating capacity on the electric side of the business.
As part of the planning process we developed a financial model considering various options todetermine what each would cost over a 25 year planning period.
Staff considered three options to maintaining or replacing the Moores Park facility. Two of thoseoptions involve a natural gas combined-cycle cogeneration plant. This type of plant is one of themost efficient ways of producing electricity. What it involves is simply mixing air and fuel in a jetengine and allowing it to turn a generator and then capturing the hot exhaust to produce steam,doing one of two things with it, either sending it out to customers as steam for heat or turninganother electric generator.
Staff looked at two combined-cycle units, a larger and a smaller one. A third option was to simplybuild a natural gas boiler for steam generation. That would be the simplest solution and the leastcapital extensive, but was very expensive to operate.
Staff determined that the least expensive and most cost effective option would be to address thesteam and electric issues together with a large natural gas combined-cycle cogeneration plant.
Dick Peffley, Executive Director of Water Utility & Special Projects, stated that his responsibility inthis project is design and structure. There are three major components of the project. The first isthe construction of the new plant, which will be located at 1203 S. Washington, just north of the
Regular Board Mtg.July 27, 2010Page 7 of 24
railroad tracks. We have an option to purchase that property until the end of January of next year.This is one of four sites that were looked at and is the least cost option to build. This plant will take18 months to construct.
The second part of the project is the renovation of the South Washington train station. This is a4200 sq. ft. building and came as part of the property. The building was built in the early 1900'sand is currently listed on the Michigan Historic Registry, so that influences what can be done withthis building.
After successful completion of the plant, the demolition of the existing Moores Park plant will begin.All of the obsolete equipment from the inside and outside will be removed. The building will be leftfor future use.
Susan Devon, Assistant General Manager and Chief Financial Officer, stated that the cost of theplant is about $182 Million and that bonds would be issued to pay for the new plant. The Bondswill be paid off over a 28 year period.
General Manage Lark stated that on Thursday they will be meeting with the Lansing StateJournal's Editorial Board and there will be an open forum next Wednesday for any feedback.
Action: Carried unanimously.
Excused Absence
None
Other
General Manager Lark thanked his Administration for all of their effort on the Moores Park lifeextension project. He also thanked George Stojic for all of his effort on the water contracts.
Adjourn
On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meetingadjourned at 7:00 p.m.
Respectfully submittedFrank Lain, ChairCommittee of the Whole
FINANCE COMMITTEEJuly 13, 2010
The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansingbeginning at 4:00 p.m. on Tuesday, July 13, 2010.
Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretaryto call the roll. The following members were present: Commissioners Peter Kramer, DennisLouney. Alternate committee members Tracy Thomas and Sandra Zerkle were present. Alsopresent Board members Tony DeLuca and Marilyn Plummer (arrived 4:10).
Regular Board Mtg.July 27, 2010Page 8of24
Absent: Commissioner Margaret Bossenbery.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Louney, seconded by Commissioner Lain to approve the FinanceCommittee meeting minutes of June 8, 2010.
Action: Carried unanimously.
FAS 114 External Audit Report (FY2010)Presented by Shaun Krick, CPA, Plante & Moran
General Manager Lark introduced external auditor Shaun Krick, Manager with Plante Moran (P&M)who reviewed and presented the FAS 114 External Audit Report.
Mr. Krick stated that the Financial Account Standard (FAS) 114 is a statement of auditingstandards that involve communications between the external auditors and the Governing Board. Itrequires the external auditor report and updates the charged Governance with anticipated auditplans and any significant issue findings that are reasonably anticipated during the year as well asanticipated ways to solve those issues and gather information from the Board pertaining to areasthat may be of concern regarding an increased risk of material misstatement in financial records.
Mr. Krick reviewed some of the risk areas that have been identified and will be taking a closer lookat:
Capitalization & disposal of capital assets.
This is probably the second most significant activity at the Board of Water & Light other thanproducing power.
Purchase of & accounting for inventory.
The auditors will be doing some limited observations procedures on third party coal measurementsand the other material stores.
Recognition of revenue, including unbilled
This is one of the most significant activity and the auditors will be reviewing accounting records forappropriate support and correct amounts.
Understatement of accounts payables & other liabilities
This is a standard item of risk and is something that the auditors will be focused on.
Regular Board Mtg.July 27, 2010Page 9 of 24
Environmental remediation
This is anything related to landfills or any other items that the Board of Water & Light has obligeditself to take care of related to environmental issues. This area will be observed to make sure thatvalue is recorded appropriately.
Indirect cost capitalization rate
There were comments in last year's audit in this particular area. The BWL administration staff hasconducted an in-depth study in support of its capitalization rate during the current fiscal year. Thatstudy has been submitted to Plante Moran for our review.
Investment activity, contributions & disbursement-pension plans
This area will be focused on since it has the most significant activity with three of the four pensionplans, VEBA, Defined Benefit and Defined Contribution. Also any other significant transactionsthat have occurred during the year will be reviewed to make sure all documentation for transactionsare appropriately supported.
In response to the required discussion points mentioned on page #12 of the presentation,Commissioner Kramer stated that the Board should maintain the same policy that was in place theprevious year and that Susan Devon, Assistant General Manager and Chief Financial Officershould be the contact person.
Mr. Krick asked the Board of Commissioners if there were any areas of concern for either anincreased risk of material misstatement or fraud or if there was an area where they should bespending additional time.
In response to Mr. Krick's questions Commissioners' Kramer and Lain stated that there were noareas of concern.
A complete copy of the Plante & Moran Audit of June 30, 2010 Financial Statements & Related Pension PlansPresentation is on file in the Corporate Secretary's office.
Purchasing Policy Exception Reports
FY2010 PURCHASING REPORTS FOR BWL COMMISSIONERS
The General Manager shall report the following items to the BWL Commissioners on a yearly basisor as otherwise defined in the Purchasing Procedures:
A. Sole source contracts in an amount equal to or greater than $5,000.B. Emergency contracts in an amount equal to or greater than $5,000.C. Purchasing Policy and procedure violations during the fiscal year to date (as of June 30).D. Professional service and consulting contracts in an amount equal to or greater than $50,000per year.E. Contracts with a term exceeding thirty-six consecutive months.F. Documentation of delegated purchasing authority.G. Purchasing Procedure revisions.H. Litigation pertaining to any particular contract covered by the Purchasing Policy.
Regular Board Mtg.July 27, 2010Page 10 of 24
I. Efforts to use Local businesses and Diverse Vendor.J. Categories of purchases, other than those specifically excluded by this policy in Section 5-00,that the General Manager or designee has deemed necessarily excluded from the PurchasingPolicy because of the nature of the product or service.
The General Manager presented the required reports to the committee.
A detailed copy of the Purchasing Policy Report is on file in the Corporate Secretary's office.
Resolution for Revising Purchasing Policy
General Manager Lark introduced Dan MacLennan, Manager of Purchasing and Warehousing.
Mr. MacLennan presented the Board with a PowerPoint presentation on Procurement Policy. Thepresentation also included details of the policy revision purpose.
A detailed copy of the Purchasing Policy Report PowerPoint presentation is on file in the Corporate Secretary's office.
The Board of Water & Light Procurement Policy is on file in the Office of the Corporate Secretary.
On motion by Commissioner Lain, seconded by Commissioner Thomas, to forward to the fullBoard the proposed resolution to consider revisions to the Procurement Procedures.
Action: Carried unanimously
Notice of Intent to Issue Bonds Resolution
General Manager Lark presented the Board with a resolution to allow the Administration theauthority to publish a Notice of Intent to issue Revenue Bonds for Moores Park cogeneration plantand system improvements. He said there will be another Bond resolution before the Board at alater date which would actually allow the BWL to sell the bonds.
Motion by Commissioner Lain, seconded by Commissioner Louney, to forward to the full Board theproposed resolution to allow the Administration the authority to publish the Notice of Intent to issueRevenue Bond for Moores Park cogeneration plant and system improvements.
Action: Carried unanimously
Resolution Authorizing Officials to Make Declaration of Official Intent
General Manager Lark stated that under the IRS Code, if any funds are going to be used from thetax-exempt bond issuance to purchase any assets related to the Moores Park Extension there hasto be a declaration.. This resolution before the Board will authorize designated Administration tomake the required declaration of intent.
On motion by Commissioner Thomas, seconded by Commissioner Lain, to forward to the fullBoard the proposed resolution for the delegation of authority to give notice of intent.
Action: Carried unanimously
2010 Internal Audit Reports
Regular Board Mtg.July 27, 2010Page 11 of 24
Audit Reports were included in the packet for informational purposes only.
Excused Absence
On motion by Commissioner Lain, seconded by Commissioner Thomas, to excuse the absence ofCommissioner Bossenbery.
Action: Carried unanimously.
There being no further business, the meeting adjourned at 4:25 p.m.
Respectfully submittedPeter W. Kramer, ChairFinance Committee
HUMAN RESOURCE COMMITTEEJuly 20, 2010
The Human Resource Committee of the Lansing Board of Water and Light met at the ExecutiveOffices, Lansing beginning at 4:00 p.m. on Tuesday, July 20, 2010.
Human Resource Committee Acting Chairperson Sandra Zerkle called the meeting to order andasked the Secretary to call the roll. The following members were present Commissioners TracyThomas, Marilyn Plummer and Sandra Zerkle. Also present were Commissioners MargeBossenbery, Peter Kramer and Frank Lain.
Absent: Commissioner Tony DeLuca
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Plummer, seconded by Commissioner Thomas to approve the HumanResource Committee meeting minutes of August 12, 2009.
Action: Carried unanimously.
FY 2010 Board Appointee Performance Review - General Manager
General Manager Performance Review
General Manager J. Peter Lark requested a closed session for the purpose of receiving hiscontractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL15.268(a).
Regular Board Mtg.July 27, 2010Page 12 of 24
Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session.
Action: Carried unanimously.
The Human Resource Committee meeting went in to closed session at 4:10 p.m.
Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human ResourceCommittee returned to open session.
Action: Carried unanimously
The Human Resource Committee meeting reconvened in open session at 5:12 p.m.
Upon conclusion of the closed session, the Human Resource Committee took the following action:
Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach acontractual agreement with Mr. Lark, the Human Resources Committee authorizes the Board Chairto finalize details with Legal Counsel.
Action: Carried unanimously
FY 2010 Board Appointee Performance Review - Internal Auditor
Internal Auditor Performance Review
Internal Auditor Phil Perkins requested a closed session for the purpose of receiving his contractualyear-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a).
Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session.
Action: Carried unanimously.
The Human Resource Committee meeting went in to closed session at 5:74 p.m.
Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human ResourceCommittee returned to open session.
Action: Carried unanimously
The Human Resource Committee meeting reconvened in open session at 5.'41 p.m.
Upon conclusion of the closed session, the Human Resource Committee took the following action:
Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach acontractual agreement with Mr. Perkins, the Human Resources Committee authorizes the BoardChair to finalize details with Legal Counsel.
Action: Carried unanimously
FY 2010 Board Appointee Performance Review - Corporate Secretary
Regular Board Mtg.July 27, 2010Page 13 of 24
Corporate Secretary Performance Review
Corporate Secretary M. Denise Griffin requested a closed session for the purpose of receiving hercontractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL15.268(a).
Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session.
Action: Carried unanimously.
The Human Resource Committee meeting went in to closed session at 5.:50 p.m.
Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human ResourceCommittee returned to open session.
Action: Carried unanimously
The Human Resource Committee meeting reconvened in open session at 6.25 p.m.
Upon conclusion of the closed session, the Human Resource Committee took the following action:
Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach acontractual agreement with Ms. Griffin, the Human Resources Committee authorizes the BoardChair to finalize details with Legal Counsel.
Action: Carried unanimously
Other
On motion by Commissioner Thomas seconded by Commissioner Plummer, to excuse theabsence of Commissioner Tony DeLuca.
Action: Carried unanimously.
There being no further business, the Human Resource Committee meeting adjourned at 6:30 p.m.
Respectfully submitted,Sandra Zerkle, Acting ChairHuman Resource Committee
NOMINATING COMMITTEE MINUTESJuly 20, 2010
The Nominating Committee of the Board of Water and Light met at the Executive Offices, Lansingbeginning at 6:30 p.m. on Thursday, July 20, 2010.
Nominating Committee Chair Margaret Bossenbery called the meeting to order and asked theCorporate Secretary to call the roll. The following committee members were present:Commissioners Marge Bossenbery, Pete Kramer, Tracy Thomas and Marilyn Plummer.
Absent: None
Regular Board Mtg.July 27, 2010Page 14 of 24
Public Comment
There were no public comments.
Nominate Board Officer Candidates for FY 2009
The Nominating Committee met to review the Commissioner Survey responses for consideration ofboard officer nominations for fiscal year 2010. Upon discussing and reviewing the submittedsurvey forms the Nominating Committee recommended a slate of officers for fiscal year 2011.
On Motion by Commissioner Bossenbery, seconded by Commissioner by Thomas, the NominatingCommittee recommended the follow slate of officer candidates for Fiscal Year 2010-2011:
Chair: Sandra ZerkleVice Chair: Dennis Louney
Action: Carried unanimously
There being no further business, the meeting adjourned at 6:45 p.m.
Respectfully submitted,Margaret BossenberyNominating Committee
MANAGER'S RECOMMENDATIONS
RESOLUTION 2010-07-01
Application of Financial Accounting Standard #71 (FAS #71) to Chilled Water RelocationProject Revenue
WHEREAS, pursuant to Resolution #2003-8-3 the Board of Commission requires management toreceive Board approval before any deferrals under FAS 71; and
WHEREAS, revenue from Christman Capital Development Company (CCDC) for the relocation ofthe Chilled Water facility in excess of the loss on disposal of the Ottawa Station facility will be setup in a regulatory asset account; and
WHEREAS, the regulatory asset account will be amortized over the projected life of the new assetto offset depreciation expense.
RESOLVED, that the Board of Commissioners, as the regulatory body of the Board of Water andLight, approve, pursuant to the Financial Accounting Standards (FAS) 71, the appropriateaccounting, as described above, for the revenue from the Chilled Water Relocation Project.
Motion by Commissioner DeLuca, seconded by Commissioner Kramer to approve FinancialAccounting Standards (FAS) 71.
Regular Board Mtg.July 27, 2010Page 15 of 24
Action: Carried Unanimously
Staff Comments.' This accounting treatment would allow the revenue that exceeded the write off ofthe old Ottawa Station facility to be spread out over a number of years. This would allow ChilledWater rates payers to receive the benefit of the contribution over the life of the new facility byoffsetting a portion of the depreciation expense.
RESOLUTION 2010 0702
PROCUREMENT POLICY
WHEREAS, Section 5-203.4 of the Lansing City Charter requires the BWL to adopt policies andprocedures to assure fairness in procuring personal property and services and disposing ofpersonal property; and
WHEREAS, on May 27, 2003 the Board adopted a Purchasing Policy which superseded thepreviously adopted Purchasing Policy dated July 24, 1990; and
WHEREAS, it is desirable to update the Board's Procurement Policy to reflect implementation ofSAP processing requirements and aligning the policy to current accounting procedures.
RESOLVED, that the Board adopt the attached Procurement Policy dated August 1, 2010 andmade effective August 1, 2010.
RESOLVED FURTHER, that where the adopted policies do not parallel those of the City's, theBoard has determined that the City's policies are inconsistent with the best practices for theoperation of a public utility.
RESOLVED FURTHER, that the Purchasing Policy adopted May 27, 2003 is superseded as ofAugust 1, 2010
RESOLVED FURTHER, that Resolution 2003-05-06, which adopted the Purchasing Policy, isrescinded as of August 1, 2010.
RESOLVED FURTHER, this Procurement Policy provides the foundation for revisions to theProcurement Procedures.
Motion by Commissioner Thomas, seconded by Commissioner Plummer to approve theProcurement Policy dated August 1, 2010.
Action: Carried Unanimously...................................
Staff Comments The new Procurement Policy dated August 1, 2010 is more concise, andreadable. Further, while incorporating current procurement practices, it conforms to SAPprocessing requirements and aligns with BWL accounting policy and procedures.
RESOLUTION 2010-07-03
Regular Board Mtg.July 27, 2010Page 16 of 24
Board of Water and Lightof the City of Lansing
RESOLUTION AUTHORIZING OFFICIALSTO MAKE DECLARATION OF OFFICIAL INTENT TO
REIMBURSE EXPENDITURES WITH PROCEEDS OF TAX-EXEMPT DEBT
WHEREAS, from time to time the Board of Water and Light of the City of Lansing (the"Board") determines that it is necessary for the public health, safety and welfare of the Board toacquire or construct buildings, land, property, or equipment to be used for public purposes; and
WHEREAS, from time to time the Board determines that it is the best interest of the Boardto fund expenditures for the acquisition or construction of buildings, land, property, or equipment tobe used for public purposes on a long-term basis with proceeds of bonds or other debt obligationsissued in expectation of or in reimbursement of the expenditures; and
WHEREAS, the Internal Revenue Service has issued Treasury Regulation §1.150-2pursuant to the Internal Revenue Code of 1986, as amended (the "Reimbursement Regulations"),governing proceeds of debt used for reimbursement, pursuant to which the Board must declareofficial intent to reimburse expenditures with proceeds of debt in order for interest on the debt to betax-exempt; and
WHEREAS, the Reimbursement Regulations specify conditions under which areimbursement allocation may be treated as an expenditure of proceeds of tax-exempt debt, andthe Board intends by this resolution to authorize certain members of the Board's Executive Team todeclare "official intent" to reimburse expenditures with proceeds of tax-exempt debt within themeaning of the Reimbursement Regulations, so as to qualify expenditures of monies advanced by,or on behalf of, the Board for reimbursement from the proceeds of tax-exempt debt in accordancewith the requirements of the Reimbursement Regulations.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Board hereby designates the following members of the Board's Executive Teamas officials who are authorized on behalf of the Board to declare "official intent" of the Board toreimburse itself for expenditures from debt proceeds in accordance with the requirements of theReimbursement Regulations: the General Manager, the Assistant General Manager and ChiefFinancial Officer, or the Manager of Finance and Planning (collectively, the "Authorized Officers").Any one of the Authorized Officers is authorized to take any and all actions necessary to assure thatany expenditures advanced by, or on behalf of, the Board prior to issuance of debt are eligible forreimbursement from the proceeds of debt in accordance with the requirements of the ReimbursementRegulations.
2.
This resolution does NOT bind the Board to acquire and construct anyimprovements or to issue any bonds or other obligations of the Board.
3.
All resolutions and parts of resolutions insofar as they conflict with the provisions ofthis resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly adoptedby the Board of Commissioners of the Board of Water and Light of the City of Lansing, State ofMichigan, at a Regular meeting held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, andthat said meeting was conducted and public notice of said meeting was given pursuant to and infull compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and thatthe minutes of said meeting were kept and will be or have been made available as required by saidAct 267.
Regular Board Mtg.July 27, 2010Page 17 of 24
I further certify that the following Members were present at said meeting: MargaretBossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, TracyThomas and that the following Members were absent: Sandra Zerkle.
I further certify that Member Louney moved for adoption of said resolution and thatMember DeLuca supported said motion.
I further certify that the following Members voted for adoption of said resolution: MargaretBossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, TracyThomas and that the following Members voted against adoption of said resolution: None
M. Denise Griffin -Corporate Secretary
Motion by Commissioner Louney and seconded by Commissioner DeLuca to approve theresolution authorizing officials to make declaration of official intent to reimburse expenditures withproceeds of tax-exempt debt.
Action: Carried Unanimously
Staff Comment: Staff has recently purchased land and may incur other costs for a facility whichthe Board will wish to finance with proceeds of tax-exempt bonds. The Internal Revenue Coderequires a bond issuer constructing or acquiring a project to be financed by tax-exempt bonds tostate intent to reimburse expenditures from bond proceeds at the time of expending the money.
This resolution will authorize the General Manager, Assistant General Manager and Chief FinancialOfficer, or the Manager of Finance and Planning to make the required declaration of intent requiredby the Internal Revenue Code on behalf of the Board in a timely manner to permit expenditures onthe construction project to be financed by future tax-exempt bonds.
Adoption of this resolution and signing the Declaration of Intent will not obligate the Board to issuebonds, but it would preserve the option of reimbursing the expenditures with tax-exempt bonds, ifbonds are ultimately issued. Expenditures made up to sixty days prior to execution of eachDeclaration of Intent can be financed with tax-exempt bonds.
RESOLUTION 2010-07-04
Lansing Board of Water and Light
RESOLUTION AUTHORIZING NOTICE OF INTENTTO ISSUE REVENUE BONDS FOR
MOORES PARK REPLACEMENT COGENERATION PLANTAND SYSTEM IMPROVEMENTS
• Notice of Intent to Issue Revenue Bonds in an amount not-to-exceed $250,000,000• Financing Moores Park Replacement Cogeneration Plant and System Improvements
WHEREAS, the City of Lansing (the "City") provides in its City Charter that the LansingBoard of Water and Light (the "Board") has general management over water, heat, steam andelectric services and certain additional utility services of the City, and the Board operates the City'sWater Supply, Steam, Chilled Water and Electric Utility System (the "System"); and
WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended("Act 94") permits the Board to issue revenue bonds in an amount not-to-exceed $250,000,000 to
Regular Board Mtg.July 27, 2010Page 18 of 24
finance the Cogeneration Plant and System Improvements (defined below), and the revenue bondswould be payable solely from the net revenues derived from the operation of the System (the"Revenue Bonds"); and
WHEREAS, the Board has determined that it is necessary for the public health, safety andwelfare of the City to acquire and construct a Moores Park Replacement Cogeneration Plant, acombined cycle natural gas facility producing steam and electricity including: two combined cyclesets, each set consisting of a combustion turbine, a heat recovery steam generator, a steamturbine; and an auxiliary boiler to provide backup steam service, together with any appurtenancesand attachments thereto and any related site acquisition or improvements (the "CogenerationPlant") at a total estimated cost of Two Hundred Million Dollars ($200,000,000); and
WHEREAS, the Board has determined that it is necessary for the public health, safety andwelfare of the City to acquire and construct System Improvements including, but not limited to,construction, improvement, and renovation of transmission and distribution lines and related utilitysystem facilities for the water supply, steam, and chilled water systems and electric transmissionand distribution lines and related electric utility system facilities, together with any appurtenancesand attachments thereto and any related site acquisition or improvements (the "SystemImprovements") at a total estimated cost of Fifty Million Dollars ($50,000,000); and
WHEREAS, a notice of intent to issue revenue bonds must be published before theissuance of the Revenue Bonds in order to comply with the requirements of Section 33 of Act 94.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Publication of Notice of Intent. The Corporate Secretary of the Board is herebydirected to publish a notice of intent to issue the Revenue Bonds once as a display advertisementat least one-quarter (1/4) page in size in substantially the following form:
NOTICE TO ELECTORS OF THE CITY OF LANSINGOF INTENT TO ISSUE REVENUE BONDS FOR
MOORES PARK REPLACEMENT COGENERATION PLANTAND SYSTEM IMPROVEMENTS
AND RIGHT TO PETITION FOR REFERENDUM
PLEASE TAKE NOTICE that the Lansing Board of Water and Light intends to authorizethe issuance and sale of Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, asamended, payable solely from revenues received by the Board from the operations of the WaterSupply, Steam, Chilled Water and Electric Utility System (the "System"). The Revenue Bondswould be authorized in the maximum aggregate principal amount of Two Hundred Fifty MillionDollars ($250,000,000). A portion of the proceeds in an amount currently estimated to be$200,000,000 would be issued for the purpose of paying costs to acquire and construct a MooresPark Replacement Cogeneration Plant, a combined cycle natural gas facility producing steam andelectricity including two combined cycle sets, each set consisting of a combustion turbine, a heatrecovery steam generator, a steam turbine and an auxiliary boiler to provide backup steam service,together with any appurtenances and attachments thereto and any related site acquisition orimprovements. A portion of the proceeds in an amount currently estimated to be $50,000,000would be issued for the purpose of paying costs of System Improvements including, but not limitedto, construction, improvement, and renovation of transmission and distribution lines and relatedutility system facilities for the water supply, steam, and chilled water systems and electrictransmission and distribution lines and related electric utility system facilities, together with anyappurtenances and attachments thereto and any related site acquisition or improvements. Costs
Regular Board Mtg.July 27, 2010Page 19 of 24
financed with proceeds of the Revenue Bonds shall include funding of required bond reservefunds, capitalized interest and costs of issuance.
SOURCE OF PAYMENT OF REVENUE BONDS
THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE PAYABLEsolely from the net revenues received by the Board from the operations of the System. Therevenues will consist of rates, fees and charges billed to the users of the System, a schedule ofwhich is presently on file at the offices of the Lansing Board of Water and Light. The rates, feesand charges may from time to time be revised to provide sufficient net revenues to provide for theexpenses of operating and maintaining the System, to pay the principal of and interest on theRevenue Bonds and any other bonds of the System, and to pay other obligations of the System.The Revenue Bonds will not pledge the full faith and credit of the City. The Revenue Bondswill not be a general obligation of the City.
The Revenue Bonds may be issued in one or more series and may be combined withbonds issued for other purposes, and each series will mature in not to exceed thirty (30) annualinstallments with interest at such interest rate or rates to be determined at public or negotiated salebut in no event to exceed such rates as may be permitted by law.
RIGHT OF REFERENDUM
THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORSUNLESS A VALID PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUINGTHE REVENUE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORSOF THE CITY, IS FILED WITH THE CITY CLERK OF THE CITY OF LANSING WITHIN FORTY-FIVE (45) DAYS AFTER THE DATE OF PUBLICATION OF THIS NOTICE. If a valid petition isfiled, the Revenue Bonds cannot be issued unless approved by a majority vote of the electors ofthe City voting on the question of their issuance.
THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts ofMichigan, 1933, as amended.
ADDITIONAL INFORMATION may be obtained at the administrative offices of the LansingBoard of Water and Light, 1232 Haco Drive, Lansing, Michigan 48901.
M. Denise Griffin, Corporate SecretaryLansing Board of Water and Light
2. Sufficiency of Notice. The Corporate Secretary is hereby directed to publish thenotice of intent in The City Pulse, a newspaper of general circulation in the City qualified underState law to publish legal notices, which is hereby determined to be the newspaper that will reachthe largest number of persons to whom the notice is directed. The Board hereby determines thatthe notice of intent and the manner of publication directed is the method best calculated to givenotice to the electors of the City and the users of the System of the Board's intent to issue theRevenue Bonds, the purposes of the Revenue Bonds, the source of payment of the RevenueBonds, and the right of referendum relating thereto.
3. Bond Counsel. The Board requests that that Miller, Canfield, Paddock and Stone,P.L.C. ("Miller Canfield") continue to serve the Board as bond counsel with respect to the RevenueBonds. The Board acknowledges that Miller, Canfield represents many potential participants in thebond financing process in matters not related to issuance and sale of the Revenue Bonds,including municipal bond underwriters, banks, and financial institutions.
Regular Board Mtg.July 27, 2010Page 20 of 24
4.Financial Advisor. The Board requests that that Robert W. Baird & Co. continue toserve the Board as Financial Advisor for the Revenue Bonds.
5.
Conflicting Resolutions. All resolutions and parts of resolutions insofar as theyconflict with the provisions of this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly adoptedby the Board of Commissioners of the Lansing Board of Water and Light, at a Regular meetingheld on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and that said meeting was conductedand public notice of said meeting was given pursuant to and in full compliance with the OpenMeetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meetingwere kept and will be or have been made available as required by said Act 267.
I further certify that the following Members were present at said meeting: MargaretBossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, TracyThomas and that the following Members were absent: Sandra Zerkle
I further certify that Member Thomas moved for adoption of said resolution and thatMember Louney supported said motion
I further certify that the following Members voted for adoption of said resolution: MargaretBossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, TracyThomas and that the following Members voted against adoption of said resolution: None
M. Denise Griffin -Corporate Secretary
Motion by Commissioner Thomas and seconded by Commissioner Louney to approve theresolution authorizing notice of intent to issue revenue bonds for Moores Park replacementcogeneration plant and system improvements.
Action: Carried Unanimously
RESOLD LION 2010-07-05
Designated Representative and Alternate Designated Representativesto Comply with Clean Air Act
RESOLVED, that the General Manager be authorized to appoint Board of Water & Light (BWL)staff to be the BWL's designated representative and alternate designated representative, for thepurpose of reporting to the Environmental Protection Agency (EPA) under the Clean Air Act; and
RESOLVED FURTHER, that the designated representative and the alternate designatedrepresentative are authorized to bind the BWL, by their respective actions, inactions, andsubmissions with respect to the Clean Air Act.
Motion by Commissioner Kramer, seconded by Commissioner Louney to approve the resolution todesignate a representative and alternate representative to comply with the Clean Air Act.
Action: Carried Unanimously
Regular Board Mtg.July 27, 2010Page 21 of 24
Staff Comments The Clean Air Act requires the owners of an affected source to name adesignated representative and recommends that the owner also name an alternate designatedrepresentative to sign and certify all submissions.
--------------------
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
The Nominating Committee recommended a slate of officers for the 2010-2011 Fiscal Year. Theslate of officers included Commissioner Zerkle as the Chair and Commissioner Louney as the ViceChair.
Vice Chairman Lain asked if there were any nominations from the floor. With no nominations fromthe floor, the nominations were closed.
Moved by Commissioner Bossenbery and supported by Commissioner Kramer to approve theslate of officers as recommended by the Nominating Committee with Commissioner Zerkle as theChair and Commissioner Louney as the Vice Chair.
Action: Carried unanimously.
Vice Chair Lain offered the gavel to new Vice Chair Dennis Louney. New Vice Chair Louney statedthat he appreciated Commissioner Lain and all of his work as the Vice Chair and is honored tofollow in his position and would appreciate it if Commissioner Lain would finish chairing today'smeeting.
Commissioner Lain stated that this is truly an honor and pleasure for him and with CommissionerLouney you could not get a better Vice Chair.
RESOLUTIONS
RESOLUTION 2010-07-06
Appointment of the Charter Position of Director and General Manager
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director andGeneral Manager, Internal Auditor, and Corporate Secretary, respectively at its first regularmeeting following July 1st of each year or as soon thereafter as may be appropriate.
RESOLVED, That the Board of Commissioners hereby appoints the following individual to theCharter position of Director and General Manager for fiscal year 2010-2011, or, until a successor isappointed, whichever last occurs:
J. Peter Lark, Director and General Manager
Regular Board Mtg.July 27, 2010Page 22 of 24
FURTHER RESOLVED, That Mr. Lark shall be extended an employment contract which shall beeffective from July 1, 2010, and expire on June 30, 2015, or until a successor is appointed,whichever later occurs.
Motion by Commissioner DeLuca, seconded by Commissioner Kramer to reappoint J. Peter Larkto the Charter position of Director and General Manager for fiscal year 2010-2011.
Action: Carried Unanimously
RESOLUTION 2010=07-07
Appointment of the Charter Position of Internal Auditor
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director andGeneral Manager, Internal Auditor, and Corporate Secretary, respectively at its first regularmeeting following July 1st of each year or as soon thereafter as may be appropriate.
RESOLVED, That the Board of Commissioners hereby appoints the following individual to theCharter position of Internal Auditor for fiscal year 2010-2011, or, until a successor is appointed,whichever last occurs:
Philip Perkins, Internal Auditor
FURTHER RESOLVED, That Mr. Perkins shall be extended an employment contract which shallbe effective from July 1, 2010, and expire on June 30, 2011, or until a successor is appointed,whichever later occurs.
Motion by Commissioner Kramer, seconded by Commissioner Thomas to reappoint Phillip Perkinsto the Charter position of Internal Auditor for fiscal year 2010-2011.
Action: Carried Unanimously
RESOLUTION 2010-07-05
Appointment of the Charter Position of Corporate Secretary
The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director andGeneral Manager, Internal Auditor, and Corporate Secretary, respectively at its first regularmeeting following July 1st of each year or as soon thereafter as may be appropriate.
RESOLVED, That the Board of Commissioners hereby appoints the following individual to theCharter position of Corporate Secretary for fiscal year 2010-2011, or, until a successor isappointed, whichever last occurs:
M. Denise Griffin, Corporate Secretary
Regular Board Mtg.July 27, 2010Page 23 of 24
FURTHER RESOLVED, That M. Denise Griffin shall be extended an employment contract whichshall be effective from July 1, 2010, and expire on June 30, 2011, or until a successor isappointed, whichever later occurs.
Motion by Commissioner Thomas, seconded by Commissioner Plummer to reappoint M. DeniseGriffin to the Charter position of Corporate Secretary for fiscal year 2010-2011.
Action: Carried Unanimously
MANAGER'S REMARKS
General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery.He also thanked Commissioner Kramer for his work and great leadership as a Board of Water &Light Commissioner and stated that it has been a delight to work with him.
General Manager Lark spoke about the newspaper reviews regarding the new co-generation plant.He stated that Mark Nixon masterminded an excellent roll out and he should get some praise.General Manager Lark stated that at the public forum there was a lot of support
General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery.He also thanked Commissioner Kramer for his work and great leadership as a Board of Water &Light Commissioner and stated that it has been a delight to work with him.
General Manager Lark spoke about the amount of positive response and reviews that has beenreceived regarding the new co-generation plant. He stated that Mark Nixon arranged an excellentroll out and he should get some praise.
General Manager Lark stated that Beverly Bishop is retiring from the Board. He presented BeverlyBishop with a tribute plaque for her years of service at the Board of Water & Light, just of 45 years.General Manager Lark said that she is a great human and it was a real pleasure to work with her.He said that Bev has served for than 1/3 of the life of the BWL.
Vice Chair Lain and Commissioner Kramer presented Beverly with a card and flowers on behalf ofthe Board of Commissioners. Vice Chair Lain stated that Beverly is a part of Board of Water &Light's history.
COMMISSIONERS' REMARKS
Commissioner Kramer thanked the Management team for all of the support that they have shownhim over the last 3 years. He said that he has sincerely appreciated his time here at the Board. Hesaid that he has enjoyed serving with such a great group of Commissioners.
Commissioner Thomas thanked Commissioner Kramer for taking him under his wing when he firststarted on the Board and said that he appreciated everything that he did. He thankedCommissioner Lain for doing a great job as the Vice Chair of the Board and welcomes the newVice Chair. He thanked Beverly Bishop for her years of service and all that she has done for theBoard. Commissioner Thomas congratulated Mike Flowers, BWL's Director of Personnel for all ofthe good things that he has been hearing about him and for continuing to make the BWL lookgood.
PUBLIC COMMENTS
Regular Board Mtg.July 27, 2010Page 24 of 24
There were no public comments.
EXCUSED ABSENCE
On motion by Commissioner DeLuca, seconded by Commissioner Thomas to excuse the absenceof Commissioner Zerkle from tonight's meeting.
Action: Carried unanimously.
ADJOURNMENT
On motion by Commissioner Kramer, seconded by Commissioner Plummer the meeting adjournedat 6:10p.m.
M. Denise Griffin, Corporate SecretaryPreliminary Minutes filed with Lansing City Clerk on August 5, 2010Final Approved Minutes filed with Lansing City Clerk on September 29, 2010
Virg Bernero, Mayor
OFFICE OF THE MAYOR9th Floor, City Hall
124 W. Michigan AvenueLansing, Michigan 48933-1694
(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)
TO:
City Council President A'Lynne Robinson and Council Members
FROM:
Mayor Virg Bernero
DATE:
September 30, 2010
RE:
Resolution- Setting a Public Hearing - Brownfield Economic DevelopmentInitiative Grant Application to the United States Department of Housing and UrbanDevelopment- Knapp's Center Redevelopment Project
The attached correspondence is forwarded for your review and appropriate action.
VB/rhAttachment
"Equal Opportunity Employer"
City of Lansing
Inter-DepartmentalMemorandum
To:
Virg Bernero, Mayor
From:
Karl Dorshimer - LEDC Vice President - Ph: 483-4152
Subject:
CITY COUNCIL AGENDA ITEM - Setting a public hearing for the application toHUD for a Brownfield Economic Development Initiative (BEDI) grant
Date:
September 29, 2010
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
"Equal Opportunity Employer"
BY THE COMMITTEE ON DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the City Council of the City of Lansing set a public hearing for Monday,October 25, 2010 at 7 p.m. in City Council Chambers, Tenth Floor, Lansing City Hall,124 West Michigan Avenue, Lansing, Michigan, for the purpose of receiving commentson the proposed submission of a Brownfield Economic Development Initiative grantapplication to the United States Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED that a Public Hearing be held on Monday,October 25, 2010 at 7:00 p.m. in the City Council Chambers, Tenth Floor, City Hall, 124West Michigan Avenue, Lansing, Michigan, to receive public comment on and toconsider the proposed submission of a Brownfield Economic Development Initiativegrant application to the United States Department of Housing and Urban Development.
City of LansingNotice of Public Hearing
The Lansing City Council will hold a public hearing on October 25, 2010 at 7:00 p.m. inthe City Council Chambers, 10th Floor, Lansing City Hall, Lansing, MI, for the purposestated below:
To afford an opportunity for all residents, taxpayers of the City of Lansing, otherinterested persons to appear and be heard on the proposed submission of a BrownfieldEconomic Development Initiative grant application to the United States Depaitnient ofHousing and Urban Development.
Further information regarding this issue may be obtained from Karl Dorshimer,Economic Development Corporation of the City of Lansing, 401 N. Washington Square,Suite 100, Lansing, MI 48933, (517) 483-4140.
City Clerk
OFFICE OF THE MAYOR9th Floor, City Hall
124 W. Michigan AvenueLansing, Michigan 48933-1694
(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)
TO:
City Council President A'Lynne Robinson and Council Members
FROM:
Mayor Virg Bernero
DATE:
September 30, 2010
RE:
Resolution- Notice of Intent -Capital Improvement Bonds for City Vehicle Garage
The attached correspondence is forwarded for your review and appropriate action.
VB/rhAttachment
Virg Bernero, Mayor
"Equal Opportunity Employer"
Virg Bernero, Mayor
City of Lansing
Inter-DepartmentalMemorandum
To:
Virg Bernero, Mayor
From:
Jerry Ambrose
Subject:
CITY COUNCIL AGENDA ITEM - Capital Improvement Bonds for City VehicleGarage
Date:
September 30, 2010
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
"Equal Opportunity Employer"
Virg Bernero, Mayor
OFFICE OF THE MAYOR9th Floor, City Hall
124 W. Michigan AvenueLansing, Michigan 48933-1694
(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)
TO: Mayor Bernero
FROM: Jerry Ambrose, Chief of Staff/Finance Director
RE: NOTICE OF INTENT RESOLUTION for CAPITAL IMPROVEMENT BONDS to Constructa Consolidated CITY GARAGE
The attached resolution will begin the process of issuing up to $3.2 million in bonds to construct aconsolidated garage for servicing city vehicles. Planning for the consolidation of the two citygarages has been underway for several years, and approval of the project was incorporated into theFY11 budget.
We are anticipating using bonding authority available under the federal stimulus program, whichshould provide us with very attractive interest rates. However, that program is currently scheduledto expire on December 31, 2010, and there is a 45 day referendum period. Therefore, timely actionby Council is needed to benefit from the stimulus program.
I am recommending that the resolution be submitted to City Council for approval.
"Equal Opportunity Employer"
BYRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
City of LansingCounties of Ingham and Eaton, State of Michigan
NOTICE OF INTENT RESOLUTIONCAPITAL IMPROVEMENT BONDS
FOR CITY VEHICLE GARAGE
A RESOLUTION TO PROVIDE FOR:
• Publishing a Notice of Intent to Issue Bonds and Right of Referendum forup to $3,200,000 of Bonds for a City vehicle garage.
® When the Notice is published in City Pulse, voters will have a45-day referendum period during which they could petition for referendum.
® Statement of Intent to reimburse expenditures from bond proceedsrequired by Internal Revenue Code.
PREAMBLE
WHEREAS, the City of Lansing, Counties of Ingham and Eaton, State ofMichigan (the "City") determines it to be necessary for the public health, safety andwelfare of the City and its residents to acquire, construct, furnish and equip aconsolidated garage and storage building(s) for City vehicles including site preparationand improvement (collectively, the "Capital Improvements"); and
WHEREAS, under the provisions of Section 517 of Act 34, Public Acts ofMichigan, 2001, as amended ("Act 34") a city may issue municipal securities to pay thecost of any capital improvement items within the limitations provided by law; and
WHEREAS, the issuance by the City of bonds under Section 517 of Act 34 in anamount not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) (the"Bonds") for the purposes of financing costs of acquisition and construction of theCapital Improvements appears to be the most practical means to that end; and
WHEREAS, Act 34 requires that the aggregate outstanding balance of municipalsecurities issued under Section 517 of Act 34 by a city shall not exceed 5% of the stateequalized valuation of the property assessed in that city, and after the issuance of theBonds the outstanding balance of all municipal securities issued under Section 517 of Act34 by the City will not exceed this limit; and
WHEREAS, a notice of intent to issue bonds must be published in order tocomply with the requirements of Section 517 of Act 34 and Section 5(g) of the HomeRule Cities Act, Act 279, Public Acts of Michigan, 1909, as amended; and
WHEREAS, the Internal Revenue Service has issued Treasury Regulation §1.150-2 pursuant to the Internal Revenue Code of 1986, as amended, governing proceedsof debt used for reimbursement, pursuant to which the City must declare official intent toreimburse expenditures with proceeds of such debt before making the expenditures.
NOW, THEREFORE, BE IT RESOLVED THAT:
1.The City Clerk is directed to publish a notice of intent to issue the Bondsin City Pulse, a newspaper of general circulation in the City.
2. The notice of intent shall be published as a one-quarter (1/4) page displayadvertisement as required by Section 517 of Act 34, and shall be in substantially thefollowing form:
NOTICE TO ELECTORS AND TAXPAYERSOF THE CITY OF LANSING
OF INTENT TO ISSUE BONDS SECURED BY THETAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON
PLEASE TAKE NOTICE that the City Council of the City of Lansing, Michigan,intends to issue and sell general obligation capital improvement bonds, pursuant to Act34, Public Acts of Michigan, 2001, as amended, in the maximum aggregate principalamount not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) for thepurpose of paying costs to acquire, construct, furnish and equip a consolidated garage andstorage building(s) for City vehicles including site preparation and improvement.
The bonds may be issued in one or more series and may be combined with bondsissued for other purposes as shall be determined by the City Council. Each series of thebonds will mature in annual installments not to exceed the maximum permitted by law,with interest on the unpaid balance from time to time remaining outstanding on saidbonds to be payable at rates to be determined at sale of the bonds but in no event toexceed such rates as may be permitted by law. Bond proceeds may be used forcapitalized interest to the extent permitted by law.
SOURCE OF PAYMENT OF BONDS
The principal of and interest on the bonds shall be payable from the general fundsof the City lawfully available for such purposes including property taxes levied withinexisting charter, statutory and constitutional limitations.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORSUNLESS A VALID PETITION REQUESTING SUCH A VOTE SIGNED BY NOTLESS THAN 10% OF THE REGISTERED ELECTORS RESIDING WITHIN THECITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYSAFTER PUBLICATION OF THIS NOTICE. If such petition is filed, the bonds may notbe issued without an approving vote of a majority of the qualified electors of the Cityvoting thereon.
THIS NOTICE is given pursuant to the requirements of Section 517 of Act 34,Public Acts of Michigan, 2001, as amended, and Section 5(g), Act 279, Public Acts ofMichigan, 1909, as amended. Further information concerning the matters set out in thisnotice may be secured from the City Clerk's office.
Chris Swope, City ClerkCity of Lansing
3. The City Council does hereby determine that the foregoing form of noticeof intent to issue the Bonds, and the manner of publication directed, is adequate notice tothe electors of the City and is the method best calculated to give them notice of the City'sintent to issue the Bonds, the purpose of the Bonds, the source of payment of the Bonds,the security for the Bonds, and the right of referendum of the electors with respectthereto. The City Council hereby determines that the newspaper named for publicationwill reach the largest number of persons to whom the notice is directed.
4. The City may incur expenditures for the Capital Improvements prior toreceipt of proceeds of the Bonds, and may advance moneys for that purpose from thegeneral funds or capital fund of the City, to be reimbursed from proceeds of the Bondswhen available. The City shall keep a specific record of all such expenditures.
5. The City Council hereby finds that the Capital Improvements are within aRecovery Zone within the meaning of 1400U-1(b) of the Internal Revenue Code. TheCity Council hereby finds that the Capital Improvements and the Bonds will qualify forRecovery Zone Bond treatment under the American Recovery and Reinvestment Act of2009. The City Council hereby designates the Bonds as Recovery Zone EconomicDevelopment Bonds.
6. The City hereby makes the following declaration of intent for the purposeof complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to theInternal Revenue Code of 1986, as amended:
(1) The City reasonably expects to reimburse itself for theexpenditures described in (2) below with proceeds of debt to be incurred by theCity.
(2) The expenditures described in this paragraph (2) are to pay certaincosts associated with the Capital Improvements which were or will be paidsubsequent to sixty (60) days prior to the date hereof or which will be paid priorto the issuance of the debt from the general funds or capital fund of the City.
(3) As of the date hereof, the maximum principal amount of debtexpected to be issued for reimbursement purposes, including reimbursement ofdebt issuance costs, is $3,200,000 which debt may be issued in one or more seriesand/or together with debt for other purposes.
(4) A reimbursement allocation of the expenditures described inparagraph (2) above with the proceeds of the borrowing described herein willoccur not later than 18 months after the later of (i) the date on which theexpenditure is paid, or (ii) the date the Capital Improvements are placed in serviceor abandoned, but in no event more than three (3) years after the originalexpenditure is paid. A reimbursement allocation is an allocation in writing thatevidences the City's use of the proceeds of the debt to be issued for the CapitalImprovements to reimburse the City for a capital expenditure made pursuant tothis Resolution.
(5) The expenditures for the Capital Improvements are "capitalexpenditures" as defined in Treas. Reg. § 1.150-1(b), which are any costs of atype which are properly chargeable to a capital account (or would be so
chargeable with a proper election or with the application of the definition of"placed in service" under Treas. Reg. § 1.150-2(c)) under general Federal incometax principles (as determined at the time the expenditure is paid).
(6) No proceeds of the borrowing paid to the City in reimbursementpursuant to this Resolution will be used in a manner described in Treas. Reg. §1.150-2(h) with respect to abusive uses of such proceeds, including, but notlimited to, using funds corresponding to the proceeds of the borrowing in amanner that results in the creation of replacement proceeds (within Treas. Reg. §1.148-1) within one year of the reimbursement allocation described in paragraph(4) above.
7.
The City requests Stauder, Barch and Associates to continue as FinancialConsultant to the City to assist in preparation and planning for the sale of the Bonds.
8. The City recognizes that Miller, Canfield, Paddock and Stone, P.L.C., hasrepresented from time to time, and currently represents, various underwriters, financialinstitutions, and other potential participants in the bond financing process for unrelatedprojects, any of which might offer to purchase the City's Bonds or to act as TransferAgent for the Bonds. The City requests Miller, Canfield, Paddock and Stone, P.L.C. tocontinue as bond counsel to the City for the Bonds, notwithstanding the potentialconcurrent representation of any such potential participant regarding any unrelatedmatter.
9. The officers, administrators, agents and attorneys of the City areauthorized and directed to take all other actions necessary and convenient to facilitatepreparation of the Bonds for sale.
10.
All resolutions and parts of resolutions insofar as they conflict with theprovisions of this resolution are rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution dulyadopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, Stateof Michigan, at a Regular meeting held on , 2010 at _• o'clockp.m., prevailing Eastern Time, and that said meeting was conducted and public notice ofsaid meeting was given pursuant to and in full compliance with the Open Meetings Act,being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting werekept and will be or have been made available as required by said Act 267.
I further certify that the following Members were present at said meeting:
and that the following Memberswere absent:
I further certify that Member moved for adoptionof said resolution and that Member supported saidmotion.
I further certify that the following Members voted for adoption of said resolution:
and that the following Membersvoted against adoption of said resolution:
City Clerk
18,413,712.1\050796-00054
ORIGINAL TO: County Clerk(s)COPY TO: Equalization Department(s)COPY TO: Each township or city clerk
L-4029Michigan Department of Treasury614 (Rev. 6-10)
2010 Tax Rate Request (This form must be completed and submitted on or before September 30, 2010)
MILLAGE REQUEST REPORT TO COUNTY BOARD OF COMMISSIONERSThis form is issued under authority of MCL Sections 211.24e, 211.34 and 211.34d. Filing is mandatory; Penalty applies.
County(ies) Where the Local Government Unit Levies TaxesIngham County-City of Lansing
2010 Taxable Value of ALL Properties in the Unit as of 5-24-10
$646,691Local Government Unit Requesting Millage Levy
Mason Public SchoolsFor LOCAL School Districts: 2010 Taxable Value excluding Principal Residence, Qualified Agricutlural, Qualified Forest, IndustrialPersonal and Commercial Personal Properties.
$0This form must be completed for each unit of government for which a property tax is levied. Penalty for non-filing is provided under MCL Sec 211.119. The following tax rates have beenauthorized for levy on the 2010 tax roll.
(1)Source
(2)Purpose of
Millage
(3)Date ofElection
(4)OriginalMillage
Authorized byElection
Charter, etc.
(5)2009 Millage
Rate PermanentlyReduced by MCL
211.34d"Headlee"
(6)2010 Current
Year "Headlee"Millage Reduction
Fraction
(7)2010 Millage
Rate PermanentlyReduced by MCL
211.34d"Headlee"
(8)Sec. 211.34 Truthin Assessing or
EqualizationMillage Rollback
Fraction
(9)MaximumAllowable
Millage Levy *
(10)Millage
Requested tobe Levied July 1
(11)Millage
Requested to beLevied Dec. 1
(12)Expiration
Date ofMillage
Authorized
Voted Op.-NH 0212010 18.0000 18.0000 1.0000 18.0000 1.0000 18.0000 18.0000 6/30/20
Voted Debt 06/2004 4.7000 n/a n/a n/a 4.7000 3.8000 06/2024
Voted Sinking 05/2007 1.0000 n/a n/a n/a 1.0000 1.0000 12/2016
a
Carefully read the instructions on page 2.
Title of PreparerExec. Dir. of Business & Finance
Loca
instructions on completmgFths section.
Total School District OperatiigRates to be Levied (I-hH%Supp-and NH Oper ONLY),,°: Rate
For Principal Residence, QualifiedAg, Qualified Forest and IndustrialPersonal 0.0000
For Commercial Personal6.0000
For all Other 18.0000
CERTIFICATION: As the representatives for the local government unit named above, we certify that these requested tax levy rates have beenreduced, if necessary to comply with thestate constitution (Article 9, Section 31), and that the requested levy rates have also been reduced, ifnecessary, to comply with MCL Sections 211.24e, 211.34 and, for LOCAL school districts which levy a Supplemental (Hold Harmless) Millage,380.1211(3).
n Chairperson
President c,
^Barbara Hensinger
" Under Truth in Taxation, MCL Section 211.24e, the governing to. may decide to levy a rate which will not exceed the maximum authorizedrate allowed in column 9. The requirements of MCL 211.24e m .t ^ e met prior to levying an operating levy which is larger than the base tax ratebut not larger than the rate in column 9.
IMPORTANT: See instructions on page 2 regarding where to find the millage rate used in column (5).
IX
Date
9/14/2010
Date
9/14/2010
TO; CITY CLERK,CITY ATTORNEY, orBOARD OF ETHICS
CITY OF LANSINGAFFIDAVIT OF DISCLOSURE
(Name)
-i
S°
make the following disclosure under oath:
f
PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THE
FOLLOWING ITEMS
Yes No
1.
- q I am an q elected or q appointed aef officer or 0 employee of the City ofLansing holding the position of
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p'(o 2
in thed/V.^ r etie;
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department
q l I am an immediate family member related to an elected or appointedofficer or employee of the City of Lansing namedholding the position of in thedepartment.
q
, I am a Business Associate of an elected or appointed officer or employeeof the City of Lansing namedHolding the position of in theDepartment.
I may derive income or benefit directly from a contract with the City or fromany City action detailed below. (Charter 5-505.1)
I may have a conflict between a personal interest and the public interest,the nature of which is disclosed below (Charter 5-505.2) [Chapter#290.04(1) of the Code of Ordinances)
I may have a financial interest in a matter proposed to be acted upon bythe City of Lansing as described below [Chapter 290.04(I) of the Code ofOrdinances]
q I make this disclosure because of a possible appearance that I may be in
violation of or in conflict with the City of Lansing Ethics Ordinance asprovided for in the Code or Ordinances and in the City Charter
3.
This position is:
Pi ill time >4 Part time (less than 25 hours/wk)
q Unpaid
4.
My Address is:
5.
My Business (daytime) Phone # is:
2.
q ite
CONTINUED ON PAGE 2
AFFIDAVIT OF DISCLOSURE - PAGE 2
6.
PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS
DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.
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I hereby certify that this disclosure is complete andaccurate to the best of my knowledge,information and belief.
The. foregoing Affidavit of Disclosure was executed on this 00' day of.A JU );, 20 /a .-
State of Michigan, County ofSubscribed and sworn to before me this 2. S day of e-e P PAZE R.- 20 t a
RANDALL DAVIS
Notary Public/or Deputy ClerkNOTARY PUBLIC,STATEOFE
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G bk-PrvvN,
County, MichiganCOUNTY CLINTON
MY COMMISSION EXPIRESA{x18,2012
1 l
ACTING IN COUNTY OF INGNAM
My Commission Expires: `- `o " 2.
PLEASE INCLUDE AND SUBMIT A COPY OF YOUR CURRENT JOB DESCRIPTION
DRAFT 5A;. REVISED 11.05-04
ATTACHMENT A
Please provide additional information about your outside business oremployment. Of special interest to the Board is how the activities of the businessor employment may directly or indirectly affect the City. This disclosure is aboutinformation and is not an indication of any anticipated conflict of interest orsuspected wrongdoing. Therefore, please describe for the Board what it is youactually do and be detailed and specific. You are not required to limit yourdisclosure only to the following questions. For each business, include in youranswer such things as:
What is the form of your business entity and what percentage do you
-gi own?
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il.-z- v12d.,L) ) 62_4 /
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Are you self-employed? .'O
Who is your employer, if applicable? 9 5^w {
What are the things you actually do in the business?
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e-Oure/nev''c
® Who are your clients and who receives your goods or services?
so'.^ar-7z.4 . ,Du c31 / c
How and where are your services performed?
I .^11i,: S.6s.1_ 7
Page 1 of 3
n How often do you do outside work?
Z _3 0A-13 Pts-72 G,' s iC
Does your business or employer contract with the City?
® In performing your business or outside employment, do you use any City
facilities or equipment? /11c' If so, describe:
Is any of your business or employment conducted in the City? N If so,
describe:
Does your business advertisement or circulars, if any, contain any
reference to the City or your City employment? .4)1
If your business uses advertisements, circulars, applications, or order
forms that you have designed or have had designed for you, please attach
a copy of the applicable form (s).
Page 2of3
If you provide training or' education as part of your business:
Do you identify yourself to your clients or students as being employed by
the City of Lansing? 4.10
Do you include in any of the written. materials or aids or reference in any
way in your presentations reference to policies, procedures, methods or
materials as being those also used by the City of Lansing? AJa If so,
attach a copy of the material or aid and explain the reference in your
presentation.
Is there any additional information that you believe would assist the Ethics
Board in its review of your business or personal activities for potential
conflicts of interest? A10 If so, please describe:
In providing this additional information, the Board of Ethics asks that you givespecial-attention to-the-Conflicts-ofinterest-section-of-the-Charter-found-at 5-505.1- 5-505.3. A copy is enclosed for your convenience.
Page 3 of 3