lansing (mi) city council meeting info packet for may 24, 2010 meeting

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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 MAY 24, 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, May 20, 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, May 24, 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 May 10 and 17, 2010 IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule # 11 is needed to allow consideration of late items. Late items will be considered as part of the regular portion of the meeting to which they relate.) V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as part of the regular portion of the meeting to which they relate.) VI. SPECIAL CEREMONIES 1. Tribute; Recognizing the City of Lansing’s Bronze Level Achievement as a Bicycle Friendly Community 2. Mayoral Presentation; Recognition of Cristo Rey Fiesta Days in Lansing 3. Presentation; Recognition of the 22nd Annual Parents Action Committee on Minority Academic Concerns (PACMAC) Community Wide Spelling Bee 4. Presentation; Recognizing the Academic, Cultural, Technological, and Scientific Olympic. (ACT-SO) program encouraging high academic and cultural achievement among African-American High School students 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 1

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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 MAY 24, 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, May 20, 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, May 24, 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 May 10 and 17, 2010

IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule # 11 is needed to allow consideration of late items. Late items will be considered as part of the regular portion of the meeting to which they relate.)

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

VI. SPECIAL CEREMONIES

1. Tribute; Recognizing the City of Lansing’s Bronze Level Achievement as a Bicycle Friendly Community

2. Mayoral Presentation; Recognition of Cristo Rey Fiesta Days in Lansing

3. Presentation; Recognition of the 22nd Annual Parents Action Committee on Minority Academic Concerns (PACMAC) Community Wide Spelling Bee

4. Presentation; Recognizing the Academic, Cultural, Technological, and Scientific Olympic. (ACT-SO) program encouraging high academic and cultural achievement among African-American High School students

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

1

2

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.)

A. SCHEDULED SHOW CAUSE HEARINGS

1. In consideration of the issuance of orders for Make Safe or Demolish to the owners of property located at 6226 Barker St.

2. In consideration of the issuance of orders for Make Safe or Demolish to the owners of property located at 711 Carrier St.

3. In consideration of the issuance of orders for Make Safe or Demolish to the owners of property located at 420 N. Martin Luther King, Jr. Blvd.

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.)

A. SCHEDULED PUBLIC HEARINGS

1. In consideration of Brownfield Redevelopment Plan #49; Marshall Street Armory

2. In consideration of an Obsolete Property Rehabilitation Act (OPRA) District application submitted by Eastside Armory, LLC for property located at 300 Elvin Ct.

3. In consideration of an Obsolete Property Rehabilitation Act (OPRA) Certificate application submitted by Eastside Armory, LLC for property located at 300 Elvin Ct.

4. In consideration of an ordinance of the City of Lansing, Michigan, to amend the Police and Fire Retirement System, Chapter 294, Section 294.02(h) of the Lansing Codified Ordinances, to permit employee members to purchase service credits of up to five years pursuant to IRS code section 415 (n)(3)(b)

5. In consideration of an ordinance of the City of Lansing, Michigan, to amend the Employees’ Retirement System, Chapter 292, Section 292.155 of the Lansing Codified Ordinances, to permit employee members to purchase service credits of up to five years pursuant to IRS code section 415 (n)(3)(b)

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6. In consideration of an Ordinance of the City of Lansing, Michigan to amend the Police and Fire Retirement System, Chapter 294 of the Lansing Codified Ordinances, to provide for the suspension of retirement for employees who retire and return to employment with the City, whether on a salaried or contractual basis

7. In consideration of an Ordinance of the City of Lansing, Michigan to amend the Employees’ Retirement System, Chapter 292 of the Lansing Codified Ordinances, to provide for the suspension of retirement for employees who retire and return to employment with the City, whether on a salaried or contractual basis

XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

B. CONSENT AGENDA

1. BY COUNCIL MEMBER YORKO

a. Tribute; Recognizing the City of Lansing’s Bronze Level Achievement as a Bicycle Friendly Community

2. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. ACT-18-08; 1941 REO Rd., Church Drain Easement

b. A-8-09; Acquisition of Land-locked Riverfront Property, Donation Acceptance

c. Setting a Public Hearing for June 14, 2010 in consideration of SLU-1-2010; 5750 S. Cedar St., a Special Land Use request by Abundant Grace Faith Church to utilize the building at 5750 S. Cedar St. for a church

d. Setting a Public Hearing for June 14, 2010 in consideration of ACT-5-2009; 313 E. Grand River Ave., Comfort Station Sale

e. Setting a Public Hearing for June 14, 2010 in consideration of Brownfield Redevelopment Plan #48; Holmes Street School Redevelopment Project

f. Setting a Public Hearing for June 14, 2010 in consideration of an Obsolete Property Rehabilitation Act (OPRA) District submitted by Foresight Group for property located at 2282 N. Martin Luther King, Jr. Blvd.

3. BY THE COMMITTEE ON GENERAL SERVICES

a. Claim Denial; Harvey Clarizio for property located at 325 N. Francis Ave.

4

b. Approval of an Application for Charitable Religious Solicitation License filed by Lauren Leeds on behalf of Share Our Strength, located at 1717 Bradley Ave., Lansing, to sell baked goods for “Great American Bake Sale” at the corner of Washington Sq. and Allegan St. in the City of Lansing

4. BY THE COMMITTEE OF THE WHOLE

a. Approving Ballot Language to place the question of Renewal of a 1 Mill Parks and Recreation Millage on the City of Lansing August 3, 2010 Year Primary Election Ballot

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. ORDINANCES FOR PASSAGE

1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Adoption of Z-1-2010; 300 Elvin Ct., rezoning the property at 300 Elvin Court from "B" Residential District to “E-1” Apartment Shop District to permit the building at this location to be used for offices, a food service business and shared community space

2. BY THE COMMITTEE ON WAYS AND MEANS

a. Adoption of an ordinance of the City of Lansing, Michigan, to amend the Police and Fire Retirement System, Chapter 294, Section 294.02(h) of the Lansing Codified Ordinances, to permit employee members to purchase service credits of up to five years pursuant to IRS code section 415 (n)(3)(b)

b. Adoption of an ordinance of the City of Lansing, Michigan, to amend the Employees’ Retirement System, Chapter 292, Section 292.155 of the Lansing Codified Ordinances, to permit employee members to purchase service credits of up to five years pursuant to IRS code section 415 (n)(3)(b)

c. Adoption of an Ordinance of the City of Lansing, Michigan, to amend the Police and Fire Retirement System, Chapter 294 of the Lansing Codified Ordinances, to provide for the suspension of retirement for employees who retire and return to employment with the City, whether on a salaried or contractual basis

5

d. Adoption of an Ordinance of the City of Lansing, Michigan, to amend the Employees’ Retirement System, Chapter 292 of the Lansing Codified Ordinances, to provide for the suspension of retirement for employees who retire and return to employment with the City, whether on a salaried or contractual basis

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS

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

1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letters from the City Clerk:

i. Providing notice of the placement on file of the Public Notice and Federal Register for Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act

ii. Providing notice of the Denial of an application for a Cabaret License in the City of Lansing filed by Michelle Taylor of the Chrome Cat, LLC located at 226 E. Grand River Ave. based on the recommendation of the Lansing Treasurer’s Office

iii Providing notice of the Denial of an application for a Cabaret License in the City of Lansing filed by MKE Inc. dba Tavern on the Square of Lansing, 206 S. Washington Sq. based on the recommendation of the Building Safety Department

iv. Providing notice of the Denial of an application for a Health Club License in the City of Lansing filed by YMCA of Lansing, on behalf of Oak Park YMCA located at 900 Long Blvd.

v. Submitting minutes of Boards and Authorities placed on file in the City Clerk’s Office

b. Letter from the Mayor re:

i. Proposed Zoning Ordinance Amendments, Overlay Districts; Old Town, REO Town, E. Michigan Ave. and W. Saginaw St.

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letters from Brad Lee Armstrong of Gabriel, Roeder, Smith and Company Consultants and Actuaries providing a supplemental actuarial analysis of:

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i. An Ordinance of the City of Lansing, Michigan, to amend the Police and Fire Retirement System, Chapter 294 of the Lansing Codified Ordinances, to provide for the suspension of retirement for employees who retire and return to employment with the City, whether on a salaried or contractual basis

ii. An Ordinance of the City of Lansing, Michigan, to amend the Employees’ Retirement System, Chapter 292 of the Lansing Codified Ordinances, to provide for the suspension of retirement for employees who retire and return to employment with the City, whether on a salaried or contractual basis

b. Letters in support of an Application for Naming and Renaming Memorials in the City of Lansing filed by Lansing for Cesar E. Chavez to Rename part of Grand River Avenue as Cesar E. Chavez Avenue submitted by:

i. Bill McDonald of McDonald Tailoring located at 1219 E. Grand River Ave.

ii. Frank Delacruz of Famous Taco Restaurant located at 902 E. Grand River Ave.

iii. Pablo Maldonado of Pablo’s Restaurant located at 311 E. Grand River Ave.

iv. Mary Rivera of 1555 E. Grand River Ave.

XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government related matters are issues or topics relevant to the operation or governance of the city. The public may comment for up to three minutes. Speakers must sign up on yellow form.)

XX. ADJOURNMENT CHRIS SWOPE, CITY CLERK Persons with disabilities who need an accommodation to fully participate in this meeting should contact the City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests.

/4 1,

NOTICE OF SHOW-CAUSE HEARINGDEMOLISH OR MAKE SAFE STRUCTURE

6226 BARKER STREET

NOTICE IS HEREBY GIVEN that a Show-Cause Hearing will be held May 24, 2010 in theCity Council Chambers on the 10th floor of the Lansing City Hall located at 124 W.Michigan Avenue at 7:00 P.M. for the purpose of considering the findings and order of theDemolition Board Hearing Officer requiring that property located at 6226 Barker St. bemade-safe or demolished.

Persons who have received notice from the City as an interested party or the interestedparty's agent with written permission may appear and be given the opportunity to showcause why the order regarding said property should not be enforced.

CHRIS SWOPE, LANSING CITY CLERK

CITY OF LANSING - DEMOLITION BOARDREPORT FOR CITY COUNCIL

CASE OVERVIEW SHEET

ADDRESS: 6226 Barker

PARCEL NUMBER: 33-01-05-08-203-141

SHOW CAUSE HEARING DATE:DEMOLITION CASE FILE #:

5/24/20102010-001

LISTED TAXPAYER: Electronic Registration Systems MTG

INTERESTED PARTIES: Electronic Registration Systems MTGSEV INFORMATION: $61,700.00

LAND VALUE: $8,800.00

BUILDING VALUE; $52,900.00

LOT SIZE: Frontage 66' x Depth 140'

LEGAL DESCRIPTION:

Lot 136 Southfield

ORDER OF DEMOLITION BOARD

DEMOLITION BOARD MEETING DATE: 3/25/2010ORDER: MS or D by 4/22/10REASON/CONDITIONS: Unsafe; no action

HEARING OFFICER: D. Muylle

HOUSING CODE VIOLATION LTR: 4/23/2008

ORIGINAL RED TAG DATE: 4/23/2008

ZONING: 'A' Residential

ESTIMATE OF REPAIRS: $78,962.00

PICTURES: Yes

OTHER:manufactured home

CURRENT PERMIT ACTIVITY

BUILDING: Required, not yet pulled

ELECTRICAL: Required, not yet pulled

MECHANICAL: Required, not yet pulled

PLUMBING: Required, not yet pulled

DEMOLITION na

CURRENT CITY COUNCIL ACTIVITY

REQUEST FOR SHOW CAUSE SENT: 4/27/2010

SHOW CAUSE HEARING DATE: 5/24/2010

PUBLIC SAFETY COMMITTEE WILL REVIEW:

4/29/2010barker 6226.xls

NOTICE OF SHOW-CAUSE HEARINGDEMOLISH OR MAKE SAFE STRUCTURE

711 CARRIER STREET

NOTICE IS HEREBY GIVEN that a Show-Cause Hearing will be held May 24, 2010 in theCity Council Chambers on the 10th floor of the Lansing City Hall located at 124 W.Michigan Avenue at 7:00 P.M. for the purpose of considering the findings and'order of theDemolition Board Hearing Officer requiring that property located at 711 Carrier St. bemade-safe or demolished.

Persons who have received notice from the City as an interested party or the interestedparty's agent with written permission may appear and be given the opportunity to showcause why the order regarding said property should not be enforced.

CHRIS SWOPE, LANSING CITY CLERK

CITY OF LANSING - DEMOLITION BOARDREPORT FOR CITY COUNCIL

CASE OVERVIEW SHEET

ADDRESS:

711 Carrier

SHOW CAUSE HEARING DATE:

5/24/2010

PARCEL NUMBER:

33 01 01 04 151 001

DEMOLITION CASE FILE.#:

2010-002

LISTED TAXPAYER: Ingham County Treasurer

INTERESTED PARTIES: Anthony and Cynthia VanegasSEV INFORMATION: $40,900.00LAND VALUE: $17,600.00BUILDING VALUE: $23,300.00LOT SIZE: Frontage 140' x Depth 188.05'

HOUSING CODE VIOLATIONLTR: 01/27/2009 & 9/28/2009

ORIGINAL RED TAG DATE: 1/27/2009ZONING: 'A' Residential

ESTIMATE OF REPAIRS: $60,399.00

PICTURES: Yes

OTHER: 2 car detached garage

LEGAL DESCRIPTION:1 Lot 38, 39, & 40 Ideal Homesites

ORDER OFDEMOLITION BOARD

DEMOLITION BOARD MEETING DATE: 3/25/2010ORDER: MS or D by 4/22/10REASON/CONDITIONS: Unsafe; no action_HEARING OFFICER: D. Muylle

CURRENT CITY COUNCIL ACTIVITY

REQUEST FOR SHOW CAUSE SENT: 4/27/2010SHOW CAUSE HEARING DATE: 5/24/2010

PUBLIC SAFETY COMMITTEE WILL REVIEW: unknown

CURRENT PERMIT ACTIVITY

BUILDING: Required, not yet pulled

ELECTRICAL: Required, not yet pulled

MECHANICAL Required, not yet pulledPLUMBING: Required, not yet pulled

DEMOLITION: na

carrier 711.xls

4/29/2010

NOTICE OF SHOW-CAUSE HEARINGDEMOLISH OR MAKE SAFE STRUCTURE

420 N. MARTIN LUTHER KING, JR. BOULEVARD

NOTICE IS HEREBY GIVEN that a Show-Cause Hearing will be held May 24, 2010 in theCity Council Chambers on the 10th floor of the Lansing City Hall located at 124 W.Michigan Avenue at 7:00 P.M. for the purpose of considering the findings and order of theDemolition Board Hearing Officer requiring that property located at 420 N. Martin LutherKing, Jr. Blvd. be made-safe or demolished.

Persons who have received notice from the City as an interested party or the interestedparty's agent with written permission may appear and be given the opportunity to showcause why the order regarding said property should not be enforced.

CHRIS SWOPE, LANSING CITY CLERK

CITY OF LANSING - DEMOLITION BOARDREPORT FOR CITY COUNCIL

CASE OVERVIEW SHEET

ADDRESS: 420 N. M.L. King Jr. BlvdPARCEL NUMBER: 33-01-01-17-231-041

LISTED TAXPAYER: Bonnie Laux

INTERESTED PARTIES: Bonnie LauxSEV INFORMATION: $26,100.00LAND VALUE: $6,900.00BUILDING VALUE: $19,200.00LOT SIZE: Frontage 33' x Depth 148.5'

S 1/2 Lot 10 Dodge and Daniels Sub W ofLEGAL DESCRIPTION:

Butler Rec L 55 P 553

SHOW CAUSE HEARING DATE: 5/24/2010DEMOLITION CASE FILE #:' 2010-003

HOUSING CODE VIOLATION LTR: 08/31/2006 & 11/16/2009

ORIGINAL RED TAG DATE: 4/7/2008ZONING: 'C' Residential

ESTIMATE OF REPAIRS: $59,983.00

PICTURES: YesOTHER:

ORDER OF DEMOLITION BOARD

DEMOLITION BOARD MEETING DATE: 3/25/2010ORDER: MS or D by 4/22/10REASON/CONDITIONS: Unsafe; no actionHEARING OFFICER: D. Muylle

CURRENT CITY COUNCIL ACTIVITY

REQUEST FOR SHOW CAUSE SENT: 4/27/2010SHOW CAUSE HEARING DATE: 5/24/2010PUBLIC SAFETY COMMITTEE WILL REVIEW: unknown

CURRENT PERMIT ACTIVITY

BUILDING: Required, not yet pulledELECTRICAL: Required, not yet pulledMECHANICAL: Required, not yet pulledPLUMBING: Required, not yet pulledDEMOLITION: na

mlk 420 n.xIs

4/29/2010

'A1

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on May 24, 2010 at 7:00 p.m.in the City Council Chambers, 10th Floor, Lansing City Hall, Lansing, MI, for thepurpose 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 - Marshall St. Armory RedevelopmentBrownfield 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 300 Elvin Court, in Lansing, Michigan, but moreparticularly described by parcel 33-01-01-15-226-012 as:

COM NW COR LOT 1 BLOCK 1 RUMSEYS MICHIGAN AVENUEADD, TH N 503 FT ALONG E LINE MARSHALL ST, E 388.16 FT,S 502.98 FT TO N LINE JB RAYNERS ADD, W 390.06 FT TOBEG SEC 15 T4N R2W

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)485-5412.

Chris Swope, Lansing City Clerk

Marshall St. Armory RedevelopmentEastside Armory, LLC

Brownfield Plan #49

Lansing Brownfield Redevelopment AuthorityLansing, Michigan

PREPARED BY:

Soil and Materials Engineers, Inc. (SME)2663 Eaton Rapids Road

Lansing, Michigan 48911

REVIEWED BY:

Lansing Economic Development Corporation401 S. Washington Square, Suite 100

Lansing, Michigan 48933

Approved by the Brownfield Redevelopment Authority on

Approved by the Lansing City Council on

Table of Contents

Section.

Page

I.

Site Location and Photos 12. Project Summary Sheet 23. Past Use of the Property - Site History 34. The Lansing Brownfield Redevelopment Authority 35. Brownfield Project Description 46. Eligible Activities Planned for Reimbursement 57. Captured Taxable Value & Tax Increment Revenues 68. Method of Brownfield Plan Financing 69. Amount of Note or Bonded Indebtedness Incurred 710. Estimated Impact on Taxing Jurisdictions 711. Duration of the Brownfield Plan 812. Legal Description & Site Map 813,

Personal Property.. . 814. Displacement of Persons 815. Site Remediation Revolving Fund 816. Other Information 8

Tables

Table 1

Brownfield Eligible ActivitiesTable 2

Tax Increment Financing (TIT) TableTable 3

MBT Eligible InvestmentTable 4

Phase II Environmental Site Assessment Summary

,Exhibits

Exhibit A

Legal Description of the PropertyExhibit B

Letter of Financial ConsiderationExhibit C

Eligible Activities Definitions and ReimbursementProcedures.

N UemensAve

1S U00H

RumseyAve,,,,,

Proiect Summary Sheet - Brownfield Plan 449

Project Name:

Marshall Street Armory Redevelopment, EastsideArmory, LLC

Business Line:

The Developer, Eastside Armory, LLC-Managing Partner,Mr. Patrick Gillespie

Property Location:

300 Elvin Court

Property Num & Size: 33-01-01-15-226-012 (4.49 acres, 41,648 sq. ft. building)

Project Description: The redevelopment of the historic Marshall Street Armoryinto a vibrant "non-profit" headquarters for the Lansing Region.

Investment:

Total Development Cost: $4,537,738

Eligible Investment: $225,830 Expenses Eligible for Brownfield Reimbursement$3,477,864 Michigan Business Tax Eligible Investment

Estimated JobCreation/Retention: This redevelopment will result in the creation of 85 to 100

temporary construction related jobs. In addition to theconstruction related jobs, the redevelopment will protectover 30 existing jobs and provide space for new growth.

Duration of Plan:

18-years for reimbursement

Benefit to Developer: $ 225,830 Expected 18-year Brownfield Reimbursement$ 434,733 Michigan Business Tax Credit (12.5%)

Total Est. Incentive: $660,563

New Taxes Generated: $21,816

Local Taxes (10% of New Taxes)$13,075 City and School Debt

Total New Taxes:

$34,891

(does not include LBRA tax Capture)

Uses of LBRA Capture: $225,830(est. over life of plan) $ 21,816

$ 10,908Total: $258,554

18-year reimbursement to DeveloperUsed for LBRA plan administration5% of annual captures for RLF

2

3.

Past Use of the Property - Site History

The 4.49 acre, 41,648 sq. ft. building brownfield project area hereinafter referred toas ("the Property") was last used by the Michigan Armory National Guard as theLansing Artillery Armory. The Property has been vacant since 2006. The addressof the Property is 300 Elvin Court. The Property is adjacent and to the south ofPattengill Middle School and to the west of Lansing Catholic Center High. TheProperty is currently zoned B Residential-Single. A zoning change will be requiredfor the proposed redevelopment of the Property. The Property also has a large opensection of area intended to be used as parking and green space. The Property isserviced by public water supplied by the Board of Water and Light; sewage disposalis by public utility as well. The age of the sewer system is unknown.

The Property was historically part of a 27-acre site (Lansing Artillery Armory Site)which consisted of an Armory, a. former military vehicle repair garage and.a ridinghall. In 2004, the Lansing Artillery Armory Site was split up into two 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 thebuilding located on the Property was no longer operated as an Armory. TheMichigan Army National Guard used the building for administrative offices and asa drill hall. No records were reviewed indicating that a shooting range wasoperated in the building.

The Property is a "facility" as defined by Part 201 of NREPA based on the results ofthe chemical analyses of soil and groundwater samples for the constituent listedbelow:

^ Arsenic, mercury and selenium were measured in soil samples at aconcentration above the Part 201 Generic Residential Cleanup Criteriaand Screening Levels (residential cleanup criteria) for Drinking WaterProtection (DWP) and Groundwater Surface Water Interface (GSI)Protection Criteria.

+ Arsenic, barium, copper, lead and silver . were measured in groundwater .samples at a concentration above the residential cleanup criteria for DWPand GSI Protection Criteria.

4.

The Lansing Brownfield Redevelopment Authority

In August of 1997, the Lansing City Council established the Lansing Brownfield.Redevelopment Authority (LBRA) and designated the entire City as a "BrownfieldZone". The primary purpose of the LBRA is to encourage the redevelopment ofblighted, contaminated and functionally obsolete property within the BrownfieldZone by providing financial incentives.

LBRA Brownfield Redevelopment Process

5.

Brownfield Project Description

Eastside Armory, LLC is proposing to redevelop the vacant, historic Marshall StreetArmory, which is located at 300 Elvin Court, Lansing, Michigan. The building isapproximately 41,648 square feet and has been vacant since 2006. The Developer isfinalizing negations to redevelop the structure into a vibrant "non-profit"headquarters for the Lansing Region. This facility will consolidate four regionalnonprofit organizations and potentially other non-profits into Lansing's EastsideNeighborhood.

The consolidation of area non-profits will create a hub for collaboration and reduceoperational costs. Through consolidating offices, the non-profits will be able to shareoffice equipment, common spaces, and administrative staff. These types of costsharing measures are necessary as non-profits, throughout Michigan, experience asustainable reduction in charitable contributions. The charitable reductionsare a direct result of Michigan's current economic conditions. This consolidation ofoperational costs will protect the financial viability and existences of theseorganizations.

This redevelopment will result in the creation of 85 to 100 temporary constructionrelated jobs. In addition to the construction related jobs, the redevelopment willprotect over 30 existing jobs and provide space for new growth.

The redevelopment of this property would result in approximately $4.5 million ofprivate investment in the City of Lansing. The Developer has requested a Obsolete

, 2. Brownfield Plan1 is Written & Reviewed by

Lansing City Council .Once Approved Proceed

to #3.

3. If desired, apply for &Receive Pre-Approval from

State for SBT Credit.

7b. Michigan SingleBusiness Tax Credit

Up b 10% of "EligibleInvestmenfover 10 years

8. LBRA Uses Captured Tax i} Revenue to Reimburse Eligiblea Expenditures, which can include . r

repayment to developer, property ;r.owners, tenant, the LBRA and oil-eis who paid forte items in Step 3.

6. New InvestmentOccurs and Site is

Successfully Redeveloped ^-^^- ;• 5. Site Ready for

j..

1..; Redevelopment

1. Contact LBRABefore Beginning Work

On Project!!!

.7a. LBRA Capture...# Increase in Local Prop-

erty Taxes Generated bybe Redeveloped Sit. 9:

4. Complete Eligible Activities.on Brownfield Site

Environmental ActivitiesInfrastructure Improvement;

DemolitionLead/Asbesbs Abatement

Site Preparation

Property Rehabilitation Act (OPRA) tax abatement through the City of Lansing anda Brownfield Michigan Business Tax (MBT) credit through the Michigan EconomicGrowth Authority.

Eligible Costs:

A breakdown of both Brownfield and Michigan Business Tax Credit eligible costscan be found as table 1 and table 2.

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:

Eligible Activity. Est. Cost1. Environmental Activities $33,000 Developer

2. Infrastructural Improvements$0 Developer

Total Reimbursed (#1 & #2) DeveloperCosts $33,0003. Site Preparation Costs

1 . ... $ 16.3,374.... DeveloperTotal Reimbursed #3

$196,374 .4. Total Approved ReimbursedDeveloper Costs $196,3745. Administrative and Legal CostsCosts to the LBRA over the course of the Brownfield Planto administer program/project and seek legal or otherconsulting services as needed.

$21,816...

LBRA

6. Contingency (15% of eligible costs forunexpected overages) $29,4567. Total Reimbursed Developer Costs '& Contingency $225,8308. Revolving Loan Fund (the final year of theplan will be deposited into the RLF for eligible activityuse on future projects)

$10,908.

9. Eligible Investment for MSTCredits $3,477,864

Developer

10. MBT Credit Value (12.5%)$434,733

. Michigan EconomicGrowth Authority

7.

Captured Taxable Value and Tax Increment Revenues

The LBRA will capture the tax increment revenues from 2011 through 2028 which.will be generated by the increase in taxable value. The following table provides asummary of the anticipated taxable value and the tax increment revenue which itwill provide:

Tax Year. ;Incremental Taxable Value Incremental Taxes Captured..

...

..

.2011 $124,746 $1462012 . $127,24.1 :..:.. :::

.: $294. .2013 $129,786 $4462014 $132,381 $6002015 $135,029 $7582016 $137,730 $9192017 $140,.484 .:.: :..:

... $1.,.03.3 ...2018 $143,294 $1,25020.19.

:. .. $146,.160..::::...:: s :. : $1,4212020 $149,083 $1,5952021 $152,065 $1,.7732022 $155,106 $1,954 '2023 $1,364,331 $50,7392024 $1,391,618 $52,3642.025.. $1,419,450: $54,0222026 $1,447,,839 $55,7122027 :..

$1,476,796.... $57,.43.7 2028 $1,506,332 $59,196 .

The captured incremental taxable value and associated tax increment revenue isbased on the 2010 base value of the Property as determined by the City Assessor,and the actual increased taxable value of the land and all future taxableimprovements on the Property during each year of the Plan. Furthermore, theamount of tax increment revenue available under this Plan will be based on 90% ofthe actual millage levied annually by each taxing jurisdiction on the increase in tax.value resulting from the redevelopment project that is eligible and approved forcapture. All taxing units will experience an increase in property tax revenue thatwhen totaled is equivalent to 10% of the increase in tax revenue of the property.These funds are included in the incremental taxes captured. The calculations alsofigure in a 90% State Capture, which allows reimbursement for response activitiesfrom school taxes paid. The Developer will be applying to the State of Michigan fora Brownfield Michigan Business Tax credit.

8. Method of Brownfield Plan Financing

The costs associated with the local and state capture of eligible activities, listed inSection 6 (Items 1-6) 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 eighteen (18) years of this Plan. The

6

current estimated costs to be eligible for reimbursement by the developer are$225,830. If the actual capture is less than that projected in this Plan, the totalamount of reimbursement from the LBRA to the Developer may be less than$225,830. Any additional tax revenue captured during this Brownfield Plan will bereimbursed to Eastside Armory, LLC to fully reimburse eligible activities asidentified in Table 1. Additionally, the LBRA will not reimburse the Developer formore than $225,830.

The LBRA will provide financing for its costs to implement and administer the Planby utilizing 10% of the local taxes captured per year for the duration of the Plan.This expense is noted in Section 6 (Item 5) above.

9. Amount of Note or Bonded Indebtedness Incurred

None.

10. Estimated Impact on Taxing Jurisdictions

The following table presents a summary of the new tax revenues generated by thetaxing jurisdictions, whose millage is subject to capture by the LBRA under thisplan. These are estimations based on the proposed redevelopment.

Jurisdiction 90% of NewTaxes .

Captured byLBRA

10% of NewTaxes to

Jurisdictions'

100% of Total.

New TaxesCollected

City of Lansing $79,728 $8,859 $88,587

Lansing Community College $19,659 $2,184 : $21,844

Ingham Intermediate School District $24,247 $2,694: $26,941

County of Ingham $43,589 $4,843 • $48,432

Regional Airport Authority $3, 609 $401,: $4,010

Capitol Area Transportation Authority $15,340 $1, 704 $17,045.....

Capital Area District Library $8,055 ; $895 $8,950

City of Lansing Debt $1,367

Lansing School District Debt $10,614

State Operating* $92,566 ; $10,285. $102,851

State Education* $30,983 $3,443 ,: $34,425

*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 90% of the new SchoolOperating and State Educational Taxes will be reimbursed for eligible activities.

7'

Those values are then reimbursed 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 2028.

12. Legal Description & Site Map

The legal description of the Eligible Property is provided as Exhibit A.A Site Map is provided on page L

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 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.

TABLE 1

BROWNFIELD ELIGIBLE ACTIVITIES

APPENDIX B: BROWNFIELD ELIGIBLE COSTS SUMMARYProposed Marshall St. Armory Development

300 Elvin Court AvenueLansing, Michigan

REDEVEI_GPMFNT ACTIVITY

LOCAL.

INCREMEN

TIF-Local

IAL TAX CAP LURE

MDNRE/MEG' TIF-School

TOTAL TAX CAPTURE `

BEA38.6% $

966 $2,500(1)

Phase I Environmental Assessment (ESA) -AAI 61.4%61.4%

S

1.534$

10,130 38.6% $

6,370... $16,500(2)

Phase II ESA•

(3)

.: Baseline Environmental Assessment (BEA) 61;4% 3,069 38:6°/4 $ 1,931 $5,000

Work Plans '(4)

Brownfield , Plan

:...

. : $

1,534 38:6% 5

966 $2,500(5)

Work.P_lan "• $

3,069 38.6% $

1,931 $5,OD057,500(ti}

Nf ork Plan Review '

' $

920 38.6% $

580.

S'ubtoEalEnvgonmentaltActivlties,. _, : ':Cor tirigency (]5%) . 'T,otal;EnvlronmentalpGtw^ties

..:. _;

_ > .,

,w

$

20.256$

3,039,$

;23,295

38:6%38.6 %

.

:<39 6°0

$

12,2445

1;911$

14,655

$33,000; :

$4,9511 -5$7,450

Demolition

.(7)

Building Demolition (InteriorfSite) $

46,357 38 6 /o . $

29,143 $75,500

(6J

Abatement •

'

' $.

12 089 38 6%` $ ...

7,600 $19,689

Site Preparation(9)

Excavation and Grading . :.

3 8.6%4' ;$

22,845' $59,185

(10)

Brownfield Plan $

1,535 38.6% $

965 $2,500

(11)

Work Plan .$

3,070 .

38.6% $

1,930 :

$5;000

(12J

Work Plan Review $

921 $1 500

Y

-

*`S,,i"

uyyEy-^

3 l

kx,l ,Ri

'-'' r

.tea

^,`'U''4d f•3 ,7+,+n3 •

. • ^'

mpg..tea.' u=,••zc+at K^sS" -_

_

.^..

F:So^s, ..,Rt ,(q^•El'

+^' Mi a

t,;

^x =-

t^s

e^r73«^..-

.ac..

`S;a'^5.,'t

_,.^-.u1}.?.f^`^N''^ Ls^ _1..r-",",°,•s', 1 '..5 r

y'

f•...:.

GRAND TOTAL 61.4% :.$..138,654 38.6% $

87,176 $225,830

TABLE 2

TAX INCREMENT FINANCING (TIF) TABLE

„ .

...Appesoix ci"ImpAtioN TAXING JURIDICTIONS ;AVAILABLE LOCAL AND STATE SCHOOL TAX INCREMENTS ": .

awe.... 'ut

It= 5515

55w

2555

25w

2tsi

5245

55'5

:5 5.

55,5

2o:a

Pal'ailaulansssaTswaala . 2

osaaas '. ".o, au'

'' O52 '"5.55

5 52

'5w

5amcoulm 5150 51 L, sa s

25" 5

2w 5 -aft 217 WS 5

5.1 5LAI4-L

s

an 5

-am

'1 .x ■,Lswa2ma.m.owwasew.99 sm 1. 1.1, 1. la* .11.2

2215

. 2012

3513

55■■ 1045 5515

5511

I.

2059

2551

5125

5073

20a

5m

3Mall.a.aIG051.11.5

59 N70FORPAI'

iiSIN3.525

MIMI*Molm

h-riME]

4,

To

Im

mw--m ROOM .MIMI

is WINIM-174"m

.PwWwf WasmaAXWWAM15anclup ,waW WW2. F,

.

TABLE 3

MBT ELIGIBLE INVESTMENT

Marshall St. Armory Redevelopment-MBT Eligible Investment: 04/06/2010Eastside Armory, LLC

MST Eligible CostsLand acquisition cost

$ 225,000

Soft CostsConstruction taxes

$ $Insurance

$ 7,500 $Legal Fees

$ 15,000 $Marketing & advertising

$ $Overhead

$ $Owner's representation fee's

$ $Soft cost contingency

$ $Construction Loan Interest

$ - $Construction loan fee's

$ $Mezzanine Loan Fees

$ $Financing fee's

$ $Developer Fees

$ 625,000 $Total Soft costs .

$ 647,500

Hard CostsDemolition and Abatement*

$ 95,189 $Excavation and Grading (Coal Shoots)*

$ 59,185 $Site Construction

$ 133,900 $ 133,900Concrete

$ 39,283 $ 39,283Masonry

$ 140,070 $ 140,070Metals

$ 111,340 $ 111,340Woods and Plastics

$ 62,175 $ 62,175Thermal and Moisture Protection

$ 98,922 $ 98,922Doors and Windows

$ 433,010 $ 433,010Finishes

$ 403,023 $ 403,023Specialties

$ 21,725 $ 21,725Equipment/Appliances

$ $Environmental*

$ 33,000 $Furnishings

$ 22,000 $ 22,000Conveying Systems

$ 48,950 $ 48,950Mechanical

$ 518,800 $ 518,800Electrical

$ 452,100 $ 452,100General Requirements

$ 432,766 $ 432,766Remaining Tenant Build-out

$ 559,800 $ 559,800,Total Hard Costs

$ 3,665.,238 .. $: 3,477,864

TOTAL DEVELOPMENT COSTS $

4,537,738 3,477,864

MBT CREDIT AMOUNT 434,733

* These activities are anticipated to be reimbursed through tax increment financing.

TABLE 4

PHASE II ENVIRONMENTAL SITE ASSESSMENT SUMMARY

Phase II Environmental Site Assessment Summary

SME Project Number: LE60548A300 Elvin Court, Lansing, MI

April 7, 2010-Page 1

Soil and Materials Engineers, Inc. (SME) prepared this letter to summarize our Phase IIEnvironmental Site Assessment (ESA) activities conducted at the above referenced site(Property). The Property is located at 300 Elvin Court, in Lansing, Ingham County, Michigan.The Property consists of approximately 4.49 acres of land developed with an approximately41,000 square foot, two-story building located on the central portion of the Property,

SME's specific scope of services, findings, and conclusions are summarized in the sectionsbelow.

SCOPE OF SERVICES

SME completed the following scope of services for this Phase II ESA:

1. On January 8, 2010, SME advanced 12 direct push borings, labeled SB1 through 012,and two hand 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 15feet below the ground surface (bgs). The hand auger borings were advanced to a depth oftwo 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), polynucleararomatic hydrocarbons (PAHs), and 10 Michigan Metals (arsenic, barium, cadmium,chromium, copper, lead mercury, selenium, silver and zinc). One soil sample (SB11),with total lead concentrations greater than 75 mg/kg, also was submitted for chemicalanalysis of lead as fine/coarse fractions in accordance with the Michigan Depth tinent ofEnvironmental Quality Remediation and Redevelopment Division's (MDEQ-RRD's)Operational Memorandum No. 2 dated October 22, 2004. Fibertec EnvironmentalServices (Fibertec) of Holt, Michigan provided subcontracted laboratory services. Thelaboratory analytical report and chain-of-custody is attached.

3. SME compared the analytical results to Michigan Department of Natural Resources andEnvironment (MDNRE) 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/PAHsNo concentrations of VOCs/PAHs were measured above Part 201 GRCC in the submitted soiland groundwater samples.

MetalsAt SB1, silver was measured in groundwater above the Part 201 Generic Residential DWP andGSI Criteria. SB1 was located on the northern portion of Property. At SB7, barium, copper, lead

Phase II Environmental Site Assessment Summary

SME Project Number: LE60548A300 Elvin Court, Lansing, MI

April 7, 2010 - Page 2

and silver were measured in groundwater above the Part 201 Generic Residential DWP and GSIProtection Criteria. SB7 was located in the parking lot on the western portion of the Property.At SB8, mercury and selenium were in soil, and barium, copper, lead and silver were measuredin groundwater above the Part 201 Generic Residential DWP and GSI Protection Criteria. SB8was also located in the parking lot on the western portion of the Property. SB11 was located onthe southern portion of Property. At SB12 and HA1, selenium was measured in soil above thePart 201 Generic Residential DWP and GSI Criteria. SB12 was also located on the southernportion of the Property and HA1 was located in the boiler room inside the building. ChromiumIV was measured in all 14 soil samples above the Part 201 Generic Residential GSI Criteria. Thesample location locations are shown on Figure 2 of Attachment A.

CONCLUSIONS

Based on the results of SME's Phase II ESA, the Property meets the definition of a "facility" asdefined by Part 201 of the Natural' Resources Environmental Protection Act, Public Act 451 of1994, as amended (NREPA).

In the process of obtaining information in preparation of this report, SME followed proceduresthat represent current reasonable and accepted engineering and hydrogeological practices andprinciples, in a manner consistent with the level of care and skill ordinarily exercised bymembers of these professions.

SME understands Eastside Armory, LLC will rely upon the professional opinions andrepresentations contained in this report in accordance with the terms and conditions agreed uponfor the project. This reliance is not to be construed as a warranty or guarantee on the part ofSME.

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

First American Title Insurance Company

SCHEDULE A

COMMITMENT 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 Policy

Policy AmountProposed Insured:

$

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 Ingham, State of Michigan, and is described as:

A parcel of land being part of the NE 'A 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 corner of Longyear's Addition to the City ofLansing, Ingham County, Michigan (Libor 2, Page 17); thence North 88 degrees 53'28" West,369.49 feet along the North line of said Longyear's Addition and the North line of J.S. 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, (Liber 4, Page 15) and the North line of Rumsey's Michigan AvenueAddition to the City of Lansing, Ingham County Michigan, (Liber .2, Page 12) to the East line ofMarshall 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, M1

Diversified National Title Agency, LLC500 E Michigan Avenue, Lansing, MI 48912

Phone: 517.332.1449 Fax: 517.332.1456

Schedule B -Section 11-2006 ALTA Commitment

EXHIBIT B

LETTER OF FINANCIAL CONSIDERATION

'wPILL

Middle Market Real Estate

146 Monroe Center Ave. NW, suite 1000, Grand Rapids, MI 49503 Ph: 616. 458-6415

March 15, 2010

Gillespie Group2501 Coolidge Rd.Suite 501East Lansing, MI 48823Attn: Rachel Michaud, Vice President

RE: Marshall Street Armory Building

Dear Rachel:

I am writing to follow-up from our earlier discussions regarding the redevelopment of the formerMarshall Street Armory Building, to be redeveloped for office and training use, with likely tenantsincluding certain local non-profit agencies.

I am pleased to confirm that subject to sound underwriting principles, Wells Fargo is activelyseeking commercial real estate loan opportunities. Specifically, we greatly appreciate our existinglending relationship and are very interested in considering financing the proposed project. Weunderstand how this project fits very well within your area of expertise.

For projects of this nature, we would consider approximate loan terms including:• Maximum 75% Loan to Value/Cost.• Adequate debt service coverage based on an analysis of leases in place and possibly a

separate "as stabilized" cash flow analysis,• A construction loan term adequate to complete necessary improvements with time to allow

tenants to occupy their space, with an amortizing term loan thereafter.Loan Rates not less than 4%, but otherwise floating at -3,0% above 30-Day LIBOR.Collateral to include first mortgage and assignment of rents and leases, with additionalsupport provided by personal guarantees by the owner(s).

As you are aware, any loan approval and commitment would be subject to a complete review ofthe final project details and ownership. Please forward the final details of the project as they comeavailable.

My incere thanks for considering Wells Fargo for the financing of this project, and please call or e-tc move forward with the loan approval process,

EXHIBIT C

ELIGIBLE ACTIVITIES DEFINITIONS AND REIMBURSEMENT PROCEDURES

EXHIBIT. C: Eligible Activities Definitions& Reimbursement Procedures

LANSING BROWNFIELD REDEVELOPMENT AUTHORITYELIGIBLE ACTIVITIES DEFINITIONS AND GUIDANCE

ANDREIMBURSEMENT PROCEDURES

ADOPTED FOR REIMBURSEMENT OF LANSING HOUSING COMMISSION

ELIGIBLE ACTIVITIES-DETERMINATION

The Lansing Brownfield Redevelopment Authority ("LBRA") will be governed in itsdeterminations as to whether activities are eligible for reimbursement or financing underthe Brownfield Redevelopment Financing Act, 1996 PA 381, as amended ("the Act"), by thedefinitions 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.

DEFINITIONS

Eligible Activities

"Eligible Activities" are defined in the Act as one or more of the following:

1

Baseline environmental assessment activities.2

Due care activities.3

Additional response activities.4

Infrastructure improvements that directly benefit eligible property.5

Demolition of structures that are not response activity under Section201 of the Natural Resources and Environmental Protection Act, 1994PA 451, MCL 324.20101.

6

Lead and asbestos abatement.7

Site preparation that is not response activity under Section 201 of theNatural Resources and Environmental Protection Act, 1994 PA 451,MCL 324,20101.

8

Relocation of public buildings or operations for economicdevelopment purposes with prior approval of the Michigan EconomicDevelopment Authority.

Baseline Environmental Assessment Activities

"Baseline Environmental Assessment Activities" are defined in the Act as those "responseactivities" identified as part of a "brownfield plan" that are necessary to complete a"baseline environmental assessment" for an "eligible property" in the "brownfield plan".

"Baseline Environmental Assessment" ("BEA") is defined in Section 20101(1)(d) as an evaluation of environmental conditions which exist at a facility atthe time of purchase, occupancy, or foreclosure that reasonably 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 Activities" are defined in the Act as those "response activities" identified as partof a "brownfield plan" that are necessary to allow the owner or operator of an "eligibleproperty" in the plan to comply with the requirements of Section 20107a of Part 201 ofNREPA.

Section 20107a of Part 201 of NREPA provides in relevant part as follows:

1.

A person who owns or operates property that he or shehas knowledge is a facility shall do all of the followingwith respect to hazardous substances at the facility:

1.

Undertake measures as necessary to preventexacerbation of the existing contamination.

2.

Exercise due care by undertaking response activitynecessary to mitigate unacceptable exposure tohazardous substances, mitigate fire and explosionhazards due to hazardous substances, and allow forthe intended use of the facility in a manner thatprotects the public health and safety.

3.

Take reasonable precautions against the reasonably'foreseeable acts or omissions of a third party andthe consequences that foreseeably could result fromthose acts or omissions.

2.

Compliance with this section does not satisfy a person'sobligation to perform response activities as otherwiserequired under this Part.

Additional Response Activities

"Additional Response Activities" are defined in the Act as those "response activities" aspart of a "brownfield plan" that are in addition to "baseline environmental assessmentactivities" and "due care activities" for an "eligible property".

"Response Activities" are defined in the Act by reference to the definition in Section 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 the public health, safety,welfare, the environment or the natural resources. Response activity alsoincludes health assessments or health effect studies carried out under thesupervision, or with the approval of, the department of public health andenforcement actions related to any response activity.

"Evaluation" is defined. in Section 20101 of Part 201 of NREPA as thoseactivities including, but not limited to, investigation, studies, sampling,analysis, development of feasibility studies, and administrative efforts thatare needed to determine the nature, extent, and impact of a release or threatof 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 other actions, prior to the implementation of a remedial action, asmay be necessary to prevent, minimize, or mitigate injury to the publichealth, 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 to be necessaryby MDEQ. In addition, interim response activity means the taking of otheractions as may be necessary to prevent, minimize, or mitigate a threatenedrelease.

"Remedial Action" is defined in Section 20101 of Part 201 of NREPA toinclude, but is not limited to, cleanup, removal, containment, isolation,destruction, or treatment of a hazardous substance released or threatened tobe released into the environment, monitoring, maintenance, or the taking ofother actions that may be necessary to prevent, minimize, or mitigate injuryto the public health, safety, welfare, or to the environment.

Infrastructure Improvements

"Infrastructure Improvements" is defined in the Act as a street, road, sidewalk, parking

facility, pedestrian mall, alley, bridge, sewer, sewage treatment plant, property designed toreduce, eliminate or prevent the spread of identified soil or groundwater contamination,drainage system, waterway, waterline, water storage facility, rail line, utility line orpipeline, or other similar related structure or improvement, together with necessaryeasements for the structure or improvement, owned or used by a public agency orfunctionally connected to similar or supporting property 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,welfare, or safety of the public generally, whether or not used by a single 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 toaccommodate reasonably foreseeable development of eligible property in adjoining areas.

Brownfield Plan and Eligible Property

"Brownfield Plan" is defined in the Act as a plan that meets the requirements of Section 13of the Act and is adopted under Section 14 of the Act.

"Eligible Property" is defined in the Act as property for which eligible activities are definedunder a brownfield plan that was used or is currently used for commercial, industrial orresidential purposes that is either in a qualified local unit of government and is a facility,functionally obsolete, blighted, or is not in a qualified local unit of government and is afacility, and includes parcels that are adjacent or contiguous to that property if thedevelopment of the adjacent and contiguous parcels are estimated to increase the capturedtaxable value of that property. Eligible property includes, to the extent included in thebrownfield plan, personal property located on the property. Eligible property does notinclude qualified agricultural property exempt under Section lee of the general propertytax Act, 1983 PA 206, MCL 211.7ee, from the tax levied by a local school district for schooloperating purposes to the extent provided under Section 1211 of the revised school code,1976 PA 451, MCL 324.20101.

ADMINISTRATIVE RULES

Baseline Environmental Assessment Rules

Baseline Environmental Assessment Rules have been promulgated as Rule 901 throughRule 919 of the Michigan Administrative Code R299.5901 to 8299.5919 effective March 11,1999. MDEQ has also published guidance on BEAs entitled "Instructions for Preparingand Disclosing Baseline Environmental Assessments and Section 7a Compliance AnalysesTo The Michigan Department of Environmental Quality and for Requesting OptionalDeterminations" effective date March 11, 1999 ("Instructions"). The LBRA may take intoconsideration whether an applicant's proposed activities fall within 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 Instructions reflect that in addition to collecting data to distinguish

existing contamination from a new release, numerous forms, affidavits, notices, stipulationsand administrative review may be part of the "BEA activities".

The data required to distinguish existing contamination from a new 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 and presentation of this data may be considered tobe "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 MDEQ regarding the adequacy of the BEA, notices, determinationsand related documentation may be considered "BEA activities".

Preparation of various forms contemplated by the BEA Rules and Instructions including,but not limited to, the BEA form, Section 7a Compliance Analysis form, Notice RegardingDiscarded or Abandoned Containers form, Disclosure of a BEA form, Affidavit in Supportof a Disclosure Relying on Isolation Zones, Engineering Controls or Other Similar Featuresfor a BEA, Petition for a BEA Determination, Affidavit in Support of a Petition for a BEADetermination, Affidavit of Environmental Professional in Support of a Petition for a BEAAssessment Determination, Affidavit of Environmental Professional in Support of aPetition for a Determination of Compliance with Section 20107a, form to Cure Deficienciesin a BEA Assessment, Affidavit in support of Information to Cure Deficiencies in a BEA,Submittal of Post BEA Information, Affidavit in support of Submittal of Post-BEAInformation, may be considered "BEA activities".

Construction of isolation zones and engineering controls relied on for the BEA may beconsidered "BEA activities".

Due Care Rules

Due Care Rules have been promulgated as Rule 1001 through Rule 1021 of the MichiganAdministrative Code R299.51001 to R299.51021 effective March 11, 1999. The MDEQ hasalso published Instructions for the Notice Regarding Discarded or Abandoned Containersrequired by the Due Care Rules.

The LBRA may take into consideration whether an applicant's proposed activities fallwithin activities reasonably contemplated by the Due Care Rules and Instructions, as theymay be amended, and other guidance as may be issued from time to time by the MDEQ.

The Due Care Rules require certain owners to take "response activity" and to provide"notice" with respect to contamination that he or she has knowledge is emanating from, orhas emanated from, and extends to or beyond, the boundary of the property that 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,

an evaluation of exposure pathways, the concentration of hazardous substances to which aperson may be exposed, a description of response actions taken or to be taken, and recordsdocumenting response actions taken. Activities undertaken to fulfill these "responseactivities", notice and documentation requirements may be considered "due careactivities".

The Due Care Rules impose detailed obligations upon certain owners to preventexacerbation of existing contamination particularly with respect to certain abovegroundand belowground containers including notice obligations and response activities. Activitiesundertaken to fulfill these "response activities" and notice obligations may be considered"due care activities".The Due Care Rules also require activities to mitigate unacceptable exposures includingexposure evaluations, response activities and notice to potentially affected persons such asworkers, utility workers, easement holders and owners of mineral rights, among others.The Due Care Rules require mitigation of fire and explosion hazards and certain noticeswith respect to such hazards. In addition the Rules require notice of contaminationmigrating beyond boundaries of the owned property. Such mitigation, evaluation andnotice activities may be considered "due care activities".

Response Activity Rules

In addition to the BEA Rules and Due Care Rules which discuss certain ResponseActivities, Rules adopted under Part 201 of NREPA may provide guidance for "responseactivities".

MDEQ has issued draft rules for Part 201. Administrative rules adopted under Act 307(predecessor to Part 201) entitled Administrative Rules-Environmental ContaminationResponse Activity are also available as guidance on "response activities". The draft 201Rules and the Act 307 Rules are available on the MDEQ Internet site.

REIMBURSEMENT PROCEDURES - COSTS TO BE REIMBURSED WITH TAXINCREMENT REVENUES

Brownfield Plan Contract

Upon approval of a Brownfield Plan for eligible property or the inclusion of additionalparcels of eligible property in a Brownfield Plan where the owner/operator proposes toseek reimbursement of costs for eligible activities at eligible property, the LBRA mayrequire the owner/operator to enter into a contract with the LBRA specifying the rightsand obligations of the parties, terms and conditions and schedules governing the capture ofthe taxes, requests for reimbursement, required documentation, determination of eligibleactivities, reimbursement process and dispute resolution.

Documentation of Eligible Costs

Parties seeking reimbursement of costs of eligible activities attributable to eligible propertyshould submit to the LBRA requests for reimbursement on a monthly basis. Theserequests should include the following:

1.

Reference to the Approved Brownfield Plan and parcel.2. The total amount of the current monthly reimbursement request.3.

The total amount of the reimbursement requests sought to datepursuant to the Approved Brownfield Plan.

4.

Identification of each eligible activity as a line item, the associatedcosts, with copies of detailed invoices for the eligible activities andproof of payment. (Parties seeking reimbursement should requestdetailed billings from contractors splitting out fees and costs ofeligible activities from other services).

5.

Other information and documentation that may assist the LBRA indetermining whether the costs are for eligible activities attributable toan eligible property and that the costs are reasonable. Thisdocumentation may include evidence of a competitive bidding processand/or evidence that the costs are for eligible activities.

6.

Certification by an authorized representative of the party seekingreimbursement that a) he or she has reviewed the request 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 reimbursement.

The LBRA will make the final determination of eligibility for all requests for reimbursement.Reimbursements will take place as tax capture allows. Reimbursement payment is expected 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 LBRABrownfield Plans. For a specific Brownfield Plan, the LBRA will not reimburse prior to or inexcess of the amount of taxes captured from the eligible property. Shortfalls in capture will resultin proportionate reductions in allocations made for eligible activity reimbursements. LBRAadministrative and legal costs for establishment and administration of the Brownfield Plangoverning the eligible property take priority for reimbursement over all other eligible costs.

The LBRA reserves the right to deny or make partial reimbursement of requests forreimbursement, which it deems not in accordance with the Brownfield Plan, the Act andprocedures, established by LBRA for reimbursement.

ELIGIBLE ACTIVITIES DEFINITIONS ANDREIMBURSEMENT PROCEDURES

ADOPTED FOR REIMBURSEMENT OF THE LBRA (when applicable)

ELIGIBLE ACTIVITIES-DETERMINATION

The Lansing Brownfield Redevelopment Authority ("LBRA") will be governed in itsdeterminations as to whether activities are eligible for reimbursement or financing underthe Brownfield Redevelopment Financing Act, 1996 PA 381, as amended ("the Act"), by thedefinitions 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. - .

REIMBURSEMENT PROCEDURES - COSTS TO BE REIMBURSED WITH TAXINCREMENT REVENUE

Documentation of Eligible Costs

For purposes of this plan the LBRA shall review all costs to be reimbursed using taxincrement revenue. Information provided to the LBRA regarding the eligible costs to bereimbursed under this plan should include the following:

1. Reference to the approved brownfield plan and parcel.

2. The total amount of the reimbursement request.

3. The total amount of any previous reimbursement(s) approved by the LBRArelated to the brownfield plan.

4. Identification of each eligible activity, the associated costs, with copies of detailedinvoices for the eligible activities and proof of payment.

5. Other information and documentation that may assist the LBRA in determiningwhether the costs are for eligible activities attributable to an eligible propertyand that the costs are reasonable.

The LBRA will make the final determination of eligibility for all reimbursement(s).Reimbursement(s) will take place as tax capture allows and is anticipated to occurbiannually: in early spring and late summer of each year.

Briefing MemoBrownfield Project #49

Marshall St. Armory RedevelopmentCity of Lansing

04/16/2010MEMORANDUM

DATE:

April 16, 2010

TO:

Lansing Brownfield Redevelopment AuthorityLansing City CouncilDevelopment and Planning CommitteeRobert Trezise, Jr., President/CEO LEDC

FROM:

Ken Szymusiak, Director of South & Outer CoreLansing Economic Development Corporation

SUBJECT: Brownfield Plan #49 - Marshall St. Armory Redevelopment

PROJECT DESCRIPTION:

Applicant: Eastside Armory, LLC2501 Coolidge Rd., Ste. 501East Lansing, MI 48823

Contact: Mr. Patrick GillespieThe Gillespie Group517-333-4123

TIF Applicant:

Eastside Armory, LLCCourtesy of the Lansing Brownfield Redevelopment Authority.

Project Location: 300 Elvin Court

Total Investment: $4,537,738

Brownfield Eligible Activities: $225,830 Eligible for Brownfield Reimbursement$3,477,864 Michigan Business Tax Credit Eligible

Total: $3,703,694

Estimated Brownfield Tax Capture:Reimbursement of Tax Capture:

Developer Reimbursement: $225,830Local Capture: $138,653State Capture: $87,I77

LBRA Administrative Cost: $19,960LBRA Revolving Loan Fund: $9,980

New Local Taxes: $19,960 (10% of generated local increment)1

Briefing MemoBrownfield Project #49

Marshall St. Armory RedevelopmentCity of Lansing

04/16/2010

Michigan Business Tax Credit:MBT Eligible Costs: $3,477,864MBT Credit (12.5% of eligible cost): $434,733

Overview:Eastside Armory, LLC is proposing to redevelop the vacant, historic Marshall StreetArmory, which is located at 300 Elvin court, Lansing, MI. The building isapproximately 41,648 square feet and has been vacant since 2006. The Developer isfinalizing negotiations to redevelop the structure into a vibrant "non-profit"headquarters for the Lansing region. This facility will consolidate four regional non-profit organizations and potentially others into Lansing's Eastside Neighborhood. Theredevelopment will result in 85-100 temporary construction related jobs, and willretain approximately 30 existing jobs while providing space for the companies toexpand.

WORK PLAN REQUEST:The City of Lansing Brownfield Redevelopment Authority has submitted a work planrequest seeking approval of approximately $275,730 in state and local tax capture forthe project.

There will be $225,830 in brownfield TIF eligible activities performed on the site withpotential to be reimbursed through Local and State Tax Capture over 15 years.

PROJECT ELIGIBILITY:Based on the results of a Phase II Environmental Site assessment performed bySME, the property meets the definition of a "facility" as defined by Part 201 of theNatural Resources Environmental Protection Act, Public Act 451 of 1994, as .amended (NREPA).

The project is the subject to Brownfield plan approval by the Lansing BrownfieldRedevelopment Authority Board of Directors on April 16, 2010.

OVERALL APPLICATION PACKAGE:

Local & MEGA TIF; Michigan Business Tax Credits; OPRA Tax Incentive

PROJECT REVIEW:

a) The overall benefit to the public:

This project will bring new life to one of Lansing's most historic propertiesand will provide for new economic activity in Lansing's EastsideNeighborhood.

2

Briefing MemoBrownfield Project #49

Marshall St. Armory RedevelopmentCity of Lansing

04/16/2010b) The extent of reuse of vacant buildings and redevelopment of blighted

property:

The vacant property will be transformed into a new office facility housingsome of Greater Lansing's most prominent non-profit corporations

c) Creation of jobs:

The project is expected to generate 85-100 temporary construction jobs,and retain 30 jobs with the proposed tenants. It is important to note thatthe new offices will provide space for the tenants to expand in thefuture.

d) Whether the eligible property is in an area of high unemployment:

Comparison of February 2010 un-adjusted jobless rates according tothe Michigan Department of Labor and Economic Growth are as follows:

Lansing / East Lansing MSA - 11.2%State of Michigan - 14.6%National Average - 10.4%

The Lansing / East Lansing MSA and the State of Michigan reflectjobless rates above the national average

e) The level and extent of contamination alleviated by the qualified taxpayer'seligible investment to the extent known to the qualified taxpayer:

No environmental clean up will be necessary.

f) The level of private sector contribution:

The developer will invest approximately $4,537,738 to complete thisproject.

g) The cost gap that exists between the site and a similar greenfield site asdetermined by the Michigan Economic Growth Authority:

No greenfield sites were considered.

h) If the qualified taxpayer is moving from another location in this state,whether the move will create a brownfield:

N/A - The qualified tax payer will not be moving with this project.

3

Briefing MemoBrownfield Project #49

Marshall St. Armory RedevelopmentCity of Lansing

04/16/2010i) Whether the financial statements of the qualified taxpayer indicate that it is

financially sound and that the project is economically sound:

The developer has received a soft commitment for financing.

OTHER STATE AND LOCAL ASSISTANCE:,

The developer will be applying for State and Federal Historic Tax Credits, and theLanisng EDC intends to support the project with a local OPRA Tax Incentive.

RECOMMENDATION:

The Lansing Brownfield Redevelopment Authority recommends approval of aBrownfield TIF Capture plan not to exceed $275,730 or 15: years, whichevercomes first.

4

4z

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on May 24, 2010 at 7:00 p.m.in the City Council Chambers, 10 th Floor, Lansing City Hall, Lansing, MI, for thepurpose 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 theestablishment of an Obsolete Property Rehabilitation District (the District),pursuant to and in accordance with the provisions of the Obsolete PropertyRehabilitation Act, Public Act 146 of 2000, for property located at 300. ElvinCourt., Lansing, Michigan, legally described as follows:.

Parcel# 33-01-01-15-226-012COM NW COR LOT 1 BLOCK I RUMSEYS MICHIGAN AVENUE ADD, TH N503 FT ALONG E LINE MARSHALL ST, E 388.16 FT, S 502.98 FT TO N LINEJB RAYNERS ADD, W 390.06 FT TO BEG SEC 15 T4N R2W

Creation of this District will enable the owner or potentially the developer ofproperty within the District to apply for an Obsolete Property RehabilitationExemption Certificate which would result in the abatement of certain propertytaxes. Further information regarding this issue may be obtained from KenSzymusiak, Economic Development Corporation of the City of Lansing, 401 SWashington Sq, Suite 100, Lansing, MI 48933, 517-485-5412.

Chris Swope, Lansing City Clerk

2501 Coolidge Road, Suite 501East Lansing, MI 48823

333.41235.17.fax 517.336.8400

gillespie-group:corn

GILLESPIEgroup

April 16, 2010

Lansing City ClerkCity Hall124 West Michigan.Ave.Lansing, MI 48933

General Project Description

The undersigned applicant, being the property owner of the Property, hereby requests theestablishment of an OPRA District covering this Property. The Marshall Street Armory (built in1924) has been vacant since 2006, and was used an armory from 1924 to approximately 2006. Theundersigned applicant is finalizing negations to redevelop the structure into a vibrant "non-profit"headquarters for the Lansing Region. This facility will consolidate four regional nonprofitorganizations and potentially other non-profits into Lansing's Eastside Neighborhood. Therenovation process would include both exterior and interior features of the Property resulting in acreative reuse for the neighborhood's existing residents.

District Establishment Purpose

In an effort to reuse this vacant, historic building, the applicant is committed to provide a. qualitycommercial facility. In that context, and as mote fully detailed below, the purchaser will incurconsiderable renovation costs. The establishment of the OPRA. District, with its multi year propertytax deferment benefit, would provide an excellent inducement to the developer. It would allow theapplicant to create a non-profit headquarters. The consolidation of area non profits will create ahub for collaboration and reduce operational costs. Through consolidating offices, the non-profitswill be able to share office equipment, common spaces, and administrative staff. These types of costsharing measures are necessary as non-profits, throughout Michigan, experience a sustainablereduction in charitable contributions. The charitable reductions are a direct result of Michigan'scurrent economic conditions. This consolidation of operational costs will protect the ftnanrial.viability and existences of these organizations.

Community Benefits

Redevelopment of the Marshall Street Armory building in the Eastside Neighborhood wouldprovide numerous benefits to the City. While the specific facility would undergo considerablerenovations, the entire neighborhood would benefit from the added activity and employees workingin the neighborhood. The OPRA designation will allow the applicant to attract tenants and allowhim to show his commitment to the surrounding community. The applicant's company has historyof successful developments in the City of Lansing and throughout the Lansing region. Thesuccessful completion of this project should also generate added interest in the EastsideNeighborhood area for other unique customer and community sensitive endeavors.

RECEIVEDAPR 2 0 2010

ECONOMIC DEVELOPMENT CORR

Re; Obsolete Property Rehabilitation Act District Application300 Elvin Court (Property)

Basisof Eligibility

As to the eligibility of this project under the OPRA legislation, the Property is a "facility" as definedby Part 201 of NREPA based on the results of the chemical analyses of soil and groundwatersamples for the constituent listed below:

• Arsenic, mercury and selenium were measured in soil samples at a concentration abovethe Part 201 Generic Residential Cleanup Criteria and Screening Levels (residentialcleanup criteria) for Drinking Water Protection (DWP) and Groundwater Surface WaterInterface (GSI) Protection Criteria.

• Arsenic, barium, copper, lead and silver were measured in groundwater samples at aconcentration above the residential cleanup criteria for DWP and GSI ProtectionCriteria.

Project Costs andPhasing

The OPRA tax abatement is a significant component of the funding of this project. The petitionerhas estimated the renovation costs at $3,665,238. Renovations are scheduled to be completed byDecember 31, 2010. The renovation estimate includes:

Demolition and Abatement $95,189Excavation and Grading (Coal Shoots) $59,185Site Construction $133,900Concrete $39,283Masonry $140,070Metals $111,340Woods and Plastics $62,175Thermal and Moisture Protection $98,922Doors and Windows $433,010Finishes $403,023Specialties $21,725Equipment/Appliances $5,000Environmental* $3 3,000Furnishings $22,000Conveying Systems $48,950Mechanical $518, 800Electrical $452,100General Requirements . $432,766Remaining Tenant Build-out $559,800

Estimated Hard Costs $3,670,238

groupGILLESPIE

Property Taxable Value and Legal Description

This proposal covers one lot in the Eastside neighborhood which is listed under the address of 300Elvin Court in the City of Lansing's Assessment records. Specifics on this property are as follows:

300 Elvin CourtOwner's Name: Eastside Armory, LLCAcreage of Land: 4.49Sq Feet of Building: Approximately 41,648Tax ID Number: 33-01-01-15-226-012Tax Value Land: $122,300 (projected 2010)SEV Value Land: $122,300 (projected 2010)Tax Value Building: $390,100 (projected 2010)SEV Value Building: $$390,100 (projected 2010)Legal Description: COM NW COR LOT 1 BLOCK 1 RUMSEYS MICHIGANAVENUE ADD, TH N 503 FT ALONG E LINE MARSHALL ST, E 388.16 FT,S 502.98 FT TO N LINE TB RAYNERS ADD, W 390.06 FT TO BEG SEC 15T4N R2W

Thank you in advance for your assistance and consideration in this matter.

Pak GillespieMemberEastside Armory, LLC

GILLESPIEgroup

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on May 24, 2010 at 7:00 p.m.in the City Council Chambers, 10th Floor, Lansing City Hall, Lansing, MI, for thepurpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, CityAssessor, other interested persons and ad valorem taxing units to appear and beheard on the establishment of an Obsolete Property Rehabilitation Certificate(the "Certificate"), pursuant to and in accordance with the provisions of theObsolete Property Rehabilitation Act, Public Act 146 of 2000, for property locatedat 300' Elvin Court, Lansing, Michigan, but more particularly described as follows:

Parcel# 33-01-01-15-226-012COM NW COR LOT 1 BLOCK 1 RUMSEYS MICHIGAN AVENUE ADD, TH N503 FT ALONG E LINE MARSHALL ST, E 388.16 FT, S 502.98 FT TO N LINEJB RAYNERS ADD, W 390.06 FT TO BEG SEC 15 T4N R2W

Approval of this Certificate will provide the owner or potentially the developer ofproperty an abatement of certain property taxes for the improvements to theproperty noted above. Further information regarding this issue may be obtainedfrom Ken Szymusiak, Economic Development Corporation of the City of Lansing,401 S. Washington Sq. Ste 100, Lansing, MI, 48933, 517-483-4140.

Chris Swope, Lansing City Clerk

Michigan Department of Treasury3574 (Rev. 6.07) ,^i r (^I`:

:.

Application for Obsolete Property Rehabilitation Exemption Certificate

2 UJ APR 21 Ff'1 3:This form is issued as provided by Public Act 146 of 2000, as amended. This application should be filed after the district is established. This project willnot receive tax benefits until approved by the State Tax Commission. Applications received after October 31 may not be acted upon in the current.year:•, ,This application is subject to audit by the Stale Tax Commission.

. ? Lr t be u lr I i iINSTRUCTIONS: File the original and two copies of this form 'and the required attachments with the clerk of the local government unit.(The State Tax Commission requires two copies of the Application and attachments. The original is retained by the clerk.) Please seeState Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The followingmust be provided to the local government unit as attachments to this application: (a) General description of the obsolete facility (yearbuilt, original use, most recent use, number of stories, square footage); (b) General description of the proposed use of the rehabilitatedfacility, (c) Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed buildingequipment that will be a part of the rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of thefacility, (f) A statement of the economic advantages expected from the exemption. A statement from the assessor of the local unit ofgovernment, describing the required obsolescence has been met for this building, is required with each application. Rehabilitation maycommence after establishment of district.Applicant (Company) Name (applicant must be the OWNER of the facility)Eastside Armory, LLC

Company Mailing address (No. and street, P.O. Box, City, Slate, ZIP Code)2501 Coolidge Road, East Lansing, MI 48823Location of obsolete facility (No. and street, City, Slate, ZIP Cade)300 Elvin Court, Lansing, Michigan 48912City, Township, Village (indicate which)City

CountyIngham

Date of Commencement of Rehabilitation (mm/dd/yyyy)July 15, 2010

Planned dale of Completion of Rehabilitation(mm/dd/yyyy) April 15, 2011

School District where facility is located (include school code)

Lansing School District-33020Estimated Cost of Rehabilitation$3,670,238.00

Number of years exemption requested12

Attach Legal description of Obsolete Property on separatesheet

Expected project likelihood (check all that apply):C

Increase Commercial activityCreate employment

K Retain employment

tc Revitalize urban areasIncrease number of residents in thecommunity in which the facility is situatedPrevent a loss of employment

Indicate the number of jobs to be retained or created ass result of rehabilitating the facility, including expected construction employment

85Each year, the State Treasurer may approve 25 additional reductionsfollowing box If

wish to be considered for this exclusion. of half the school operating and stele education taxes for a period not to exceed six years. Check theyou

APPLICANT'S CERTIFICATIONThe undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information containedherein or in the attachments hereto is false in any way and that all of the information is truly descriptive of the property for which this application is beingsubmitted. Further, the undersigned is aware that, if any statement or information provided Is untrue, the exemption provided by Public Act 146 of 2000may be in jeopardy,The applicant certifies that this application relates to a rehabilitation program that, when completed, constitutes a rehabilitated facility, asdefined by Public Act 146 of 2000, as amended, and that the rehabilitation of the facility would not be undertaken without the applicant'sreceipt of the exemption certificate.It is further certified that the undersigned is familiar with the provisions of Public Act 146 of 2000, as amended, of the Michigan Complied Laws; and tothe best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the requirements thereof which are prerequisite to theapproval of the application by the local unit of government and the issuance of an Obsolete Properly Rehabilitation Exemption Certificate by the StateTax Commission.Name of Company Officer (no authorized agents)Patrick Gillespie

Telephone Number(517) 333-4123

Fax Number(517) 336-8400

Mailing Address Email Address2501 Coolidge Road, East Lansing, Michigan 48823 [email protected]

aturs of Company Officer (nD ,authorlzed agents) Title

.9jr-r `/ly

Ire"^ Managing Partner

LOCAL GOVERNMENT UNIT CLERK CERTIFICATIONThe Clerk must also complete Parts 1, 2 and 4 on Page 2. Part 3 is to be completed by the Assessor.Signature

Dale application received

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Application Number

Dale Received

LUCI Coda

3674, Page 2

LOCAL GOVERNMENT ACTIONThis section Is to be completed by the clerk of the local governing unit before submitting the applicallon to the Stale Tax Commission. Include a copy ofthe resolution which approves the application and Instruction Items (a) through (f) on page 1, and a separate statement of obsolescence from theassessor of record with the Stale Assessor's Board. All sections must be completed in order to process.PART 1: ACTION TAKEN

Action Date:

J I Exemption Approved for

Years, ending December 30,

(not to exceed 12 years)

DeniedDate District Established LUCI Code School Code

PART 2: RESOLUTIONS (the following statements must be included in resolutions approving)

A statement that the local unit is a Qualified Local Governmental Unit. A statement that the application is for obsolete properly as defined Insection 2(h) of Public Act 146 of 2000.A statement that the Obsolete Property Rehabilitation District was

legally established including the date established and the date of A statement that the commencement of the rehabilitation of the facilityhearing as provided by section 3 of Public Act 146 of 2000. did not occur before the establishment of the Obsolete Properly

A statement Indicating whether the taxable value of the propertyRehabilitation District.A statement that the application relates to a rehabilitation program thatproposed to be exempt plus the aggregate taxable value of property when completed constitutes a rehabilitated facility within the meaningalready exempt under Public Act 146 of 2000 and under Public Act 198 of Public Act 146 of 2000 and that is situated within an Obsoleteof 1974 (IFT's) exceeds 5% of the total taxable value of the unit. Property

Rehabilitation

District

established

in

a

Qualified

LocalA statement of the factors, criteria and objectives, if any, necessary for Governmental Unit eligible under Public Act 146 of 2000 to establishextending the exemption, when the certificate is for less than 12 years.A statement that the application was approved at a public hearing as

such a district.A statement that completion of the rehabilitated facility is calculated to,

provided by section 4(2) of Public Act 146 of 2000 including the dale of and will at the time of issuance of the certificate, have the reasonablethe hearing. likelihood to, increase commercial activity, create employment, retain

employment, prevent a loss of employment, revitalize urban areas, orA statement That the applicant Is not delinquent in any taxes related to the number of residents in the community in which the facilitythe facility.Y. Is

situated. The 'statement

should

indicate

which

of these theIf it exceeds 5% (see above), a statement that exceeding 5% will nothave the effect of substantially impeding the operation of the Qualified

rehabilitation is likely to result in.A statement that the rehabilitation includes improvements aggregating

Local Governmental Unit or of impairing the financial soundness of an 10% or more of the true cash value of the property at commencementaffeeted taxing unit. of the rehabilitation as'provided by section 2(1) of Public Act 146 ofA statement that all of the Items described under "Instructions" (a) 2000.

'through (f) of the Application for Obsolete Property Rehabilitation A statement of the period of time authorized by the Qualified LocalExemption

Certificate

have been provided to the Qualified Local Governmental Unit for completion of the rehabilitation.Governmental Unit by the applicant.

PART 3: ASSESSOR RECOMMENDATIONSProvide the Taxable Value and Slate Equalized Value of the Obsolete Property, as provided in Public Act 146 of 2000, as amended, for the tax yearimmediately preceding the effective data of the certificate (December 31st of the year approved by the STC).

Taxable Value

State Equalized Value (SEV)

Building(s)Name of Governmental Unit

Date of Action on application

Date of Statement of Obsolescence

PART 4: CLERK CERTIFICATIONThe undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.Further, the undersigned Is aware that if any information provided is untrue, the exemption provided by Public Act 146 of 2000 may be in jeopardy.Name of Clerk Clerk Signature Data

Clerk's Melling Address City Stale ZIP Code

Telephone Number Fax Number Email Address

Mail completed application and attachments to: State Tax CommissionMichigan Department of Treasury

If you have any questions, call (517) 373-3272.P.O. Box 30471Lansing, Michigan 48909-7971

For guaranteed receipt by the State Tax Commission, it is recommended that applications and attachments are sent by certified mall.

FirstAmer°ican Title Insurance Company

SCNF,DULE A

COMMITMENT 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 Policy

Policy AmountProposed Insured:

$

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 Michi gan

The land referred to in this Commitment is described as follows:

Located in the City of Lansing, County of Ingham, State of Michigan, and is described as:

A parcel of land being part of the NE 1/ 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 corner of Longyear'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 Longyear's Addition and the North 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, (Liber 4, Page 15) and the North line of Rumsey's Michigan AvenueAddition to the City of Lansing, Ingham County Michigan, (Liber 2, Page 12) to the East line ofMarshall 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 48912Phone: 517.332.1449 Fax: 517.332.1456

Schedule B -Section II - 2006 ALTA Commitment

i

CITY OF LANSINGNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, May24, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing City Hall,124 W. Michigan Ave., Lansing, MI for the purpose of considering an ordinanceof the City of Lansing, Michigan, to amend the Police and Fire RetirementSystem, Chapter 294, Section 294.02(h) of the Lansing Codified Ordinances, topermit employee members to purchase service credits of up to five yearspursuant to IRS code section 415 (n)(3)(b). For more information please call483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Clap 294, Sec 294.02(h)(4) •

March 29, 2010

1

ORDINANCE NO.

2

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

3 AND FIRE RETIREMENT SYSTEM, CHAPTER 294 , SECTION 294.02(h) OF THE LANSING

4 COD thD ORDINANCES, TO PERMIT EMPLOYEE MEMBERS TO PURCHASE SERVICE

5 CREDITS OF UP TO FIVE YEARS PURSUANT TO IRS CODE SECTION 415 (n)(3)(B).

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 294, Section 294.02(h), of the Codified Ordinances of the City of

Lansing, Michigan, be and is hereby amended by adding a new subsection 294.02(h)(4), to read as

9 follows:

10

(Ii)

Service Credit.

11

(1)

Generally. The Board of Trustees shall determine, by appropriate rules and

1.2

regulations, the amount of service to be credited any member, but in no case shall

13

less than 11 months of service rendered by member in any calendar year be credited

14

him or her as a year of service; nor shall more than one year of service be credited

15

any member for all service rendered by him or her in any calendar year.

16

(2.) Military service credit. Should a policeman or fireman, who while employed by the

17

City entered or enters any armed service of the United States Government during

18

time of compulsory military service, such armed service actually required of him or

19

her shall be credited him or her as City service in the same manner as if he or she has

2 0

served the City uninterruptedly, provided that:Approved as to form:

City AttorneyDated:

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Clip 294, Sec 294.02(11)(4)

March 29, 2010

1

A.

He or she returns to the employ of the City within one year from and after

2

termination of such armed service actually required of him or her;

3

B.

He or she returns to the employees' savings fund the amount, if any, he or she

4

withdrew therefrom at the time he or she entered or while in such awned

5

service, together with regular interest from the date of withdrawal to the date

6

of repayment; and

7

C.

In no case shall any member be credited with more than five years of City

8

service for all such armed service rendered by him or her. In case of doubt as

9

to the period of such armed service to be credited, a member of the Board of

10

Trustees' shall have final power to determine such period.

11

During the period of a member's armed service in the Federal Government

12

and until his or her return to City employment, his or her contributions to the

13

employees' savings fund shall be suspended and his or her balance standings

14

to his or her credit in such fund shall be accumulated at regular interest.

15

(3)

Additional military service credit. Police non-supervisory and firefighter members

16

shall be eligible to receive retirement service credit for periods of compulsory or non-

17

compulsory induction into the Armed Forces ofthe United States of America as if the

18

employee had served the City during that period, provided that:

19

A.

The employee shall submit a written election to receive military service

Approved as to form:

2

City AttorneyDated:

ORDINANCE

DRAFT # I (Rev'd)RE: Police & Fire Retirement, Clip 294, Sec 294.02(h)(4)

March 29, 2010

1

retirement credit for all or part of the period of military service;

2

B.

The employee requesting military service credit shall pay the cost of an

3

actuarial evaluation of the cost of adding such military service to his or her

4

retirement service credit, performed by the actuary denoted in paragraph

5

(d)(4) hereof. Costs determined by said actuary shall be considered final and

6

binding upon the City, the collective bargaining unit for which the employee

7

is a member and the affected employee;

8

• C.

The employee shall be responsible for the extra cost of adding such military

9

service to his or her retirement service credit. The employee electing to

10

exercise the right to receive military credit shall make full payment for the

11

cost of such service credit no later than 60 days following receipt of the

12

actuarial cost information;

13

D.

In no case shall any member be credited with more than two years of City

14

service for all such armed service rendered by him or her. In case of doubt as

15

to the period of such armed service to be credited, the Board of Trustees shall

16

have final power to determine such period;

17

E.

An employee eligible to receive military service credit, as defined in both this

18

subsection and subsection (h)(2) hereof, shall receive such credit first as

19

described in subsection (h)(2) hereof and second as described in this

Approved as to form:

Dated:City Attorney

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Chp 294, Sec 294.02(b.)(4)

March 29, 2010

1

subsection for any remaining credit; and

2

F.

Active military service shall be defined to include periods of voluntary or

3

involuntary induction into the Armed Forces of the United. States of America

4

under the Selective Service Act of 1940, as amended; it shall also include the .

5

initial training period required to be a reserve member of the Armed Forces of

6

the United States of America or the.United States National Guard. But shall

7

specifically exclude annual reserve trainingprograms required of reservists or

8

National Guard members.

9 (4)

A member may elect to purchase up to kee FIVE years of service credits for retirement

10

pension benefits pursuant to IRS Code Section 415(n)(3)(b), provided the member meets all

11

of the following additional criteria:

12

(A) Is a member at the time of the election and purchase; and

13

(B,)

Has earned at least 5 years of service credits for actual City service while a member;

14

and

15

(C)

Signs and delivers to the City a request for actuarial calculations of the member's

16

cost to purchase service credits under this subsection (4) and pays the fee for the

17

actuarial services and cost of worksheet preparation; and

18

(D) Signs and delivers to the City within 60 days of his or her receipt of the actuarial cost

19

worksheet the requisite written agreement to purchase service credit and elects in the

Approved as to form:

City AttorneyDated:

ORDINANCE

DRAFT # 1(Rev'd)RE: Police & Fire Retirement, Clip 294, Sec 294.02(h)(4)

March 29, 2010

1

agreement to purchase a specific number of months and/or years of service credits;

2

and

3

(E)

Except for City of Lansing IRC 457 Deferred Compensation Plan direct rollovers,

4

tenders with the signed written agreement the funds to the City to purchase service

5

credits; and

6

(F)

By purchasing such service credits, will not exceed the limitations prescribed by IRS

7

Code Section 415.

8

In the event a member does not purchase at one time the full three FIVE years of service

9

credits, he or she may purchase additional service credits of up to a maximum that does not

10

exceed the aggregate of three- FIVE years, provided that at the time of and for each purchase,

11

the member meets all the criteria in this subsection (4). Service credits purchased pursuant to

12

this subsection (4) shall be at 100 percent of the Chapter 294 retirement system cost to fund

13

the member's pension benefit actuarially determined by the actuary . denoted in paragraph

14

(d)(4) for the time of purchase.

15

Service credits purchased pursuant to this subsection (4) shall not be used or included in

16

meeting any of the requirements for eligibility for retirement health care, contained in

17

collective bargaining agreements, including minimum years of actual service or minimum

18

age at which the benefit begins.

.19

Notwithstanding other sources of funds used to purchase service credits under this subsection

Approved as to form:

5Dated:

City Attorney

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Clip 294, Sec 294.02(h)(4)

March 29, 2010

1

(4), and solely in the event that the member retires within 60 days of his or her receipt of the

2

actuarial cost worksheet and otherwise complies with this subsection (4), the service credits

3

maybe purchased after retirement for a period not to exceed 30 days following the retirement

4

date, by a direct rollover of eligible rollover distributions [as described in IRS Code Section

5

401(a)(31)] otherwise payable to the eligible employee from the City of Lansing IRC 457

6

Deferred Compensation Plan.

7

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

8 inconsistent with the provisions hereof are hereby repealed.

9

Section 3. Should any section, clause or phrase of this ordinance be declared to be invalid, the

10 same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part

11 so declared to be invalid.

12

Section 4. This ordinance shall take effect on the 30th day after enactment unless given

13 immediate effect by City Council.

Approved as to form:

6CADOCUME-11KREEVE-I.LANILOCALS-)lremplXPg pwiselPo)ice and Fire Rntiremcnt Ord Chp 294 Sec (h)(4) Ddl 032.doc

l

City AttorneyDated:

. AJ

CITY OF LANSINGNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, May24, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing City Hall,124 W. Michigan Ave., Lansing, MI for the purpose of considering an ordinanceof the City of Lansing, Michigan, to amend the Employees' Retirement System,Chapter 292, Section 292.155 of the Lansing Codified Ordinances, to permitemployee members to purchase service credits of up to five years pursuant toIRS code section 415 (n)(3)(b). For more information please call 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

DRAFT #203/16/2010

1

ORDINANCE NO.

2

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

3 EMPLOYEES' RETIREMENT SYSTEM, CHAPTER 292 , SECTION 292.155 OF THE LANSING

4 CODIFIED ORDINANCES, TO PERMIT EMPLOYEE MEMBERS TO PURCHASE SERVICE

5 CREDITS OF UP TO FIVE YEARS PURSUANT TO IRS CODE SECTION 415 (n)(3)(B) .

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 292, Section 292.155, of the Codified Ordinances of the City of

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

292.155. Purchase of service credit.

(a)

(1)

A member of the retirement system may elect to purchase service credit for prior full-

11

time service as an employee with the City, upon request, upon verification of the

12

employment by documentation satisfactory to the Board of Trustees and upon

13

payment to the retirement system of an amount equal to 14.9 percent of the member's

14

current annual rate of compensation, including longevity bonus, multiplied by each

15

year and fraction of a year of service to be purchased.

16

(2)

As used in this SUB section, "service as an employee with the City" consists ofprior

17

full-time employment with the City or its boards and commissions, or with the

18

District Court, which employment has not already been credited to the member's

19

,

service account and for which the member would not otherwise be entitled to a

2 0

service credit, but for this section; "service as an employee with the City" includes

21

periods during which the member's income from the City or its boards or

22

commissions, or from the District Court, consisted of Workers' `CompensationApproved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

1

DRAFT #203/16/2010

1

payments, provided the member has not already received credit for such service or is

2

not otherwise entitled to service credit for such periods.

3

(3)

In order to purchase service credit pursuant to this SUBsection, amember must elect

4

to do so in writing prior to July 16, 1988, and, within 30 days of such election, payin

5 .

one lump sum the amount required by subsection (a) hereof.

6

(b)

(1)

An employee who elects an option to return as a member of the employees'

7

retirement system pursuant to Subsections 292.14(c)(2) through (c)(4) maypurchase

8

service credits. Service credits purchased pursuant to this option shall be actuarially

9

determined at 83.9 percent of the employees' retirement system's actuarially accrued

10

liability as of October 1, 2000; except for a FOP 911 Operators' Division employee's

11

date for determining the actuarially accrued liability shall be as of May 1, 2001. A

12

City executive management plan employee, exempt employee, or a Teamsters 580

13

and 214 supervisory and non-supervisory employees shall have until September 1,

14

2000 to purchase service credits. A district court teamster or district court exempt

15

employee shall have until September 22, 2000 to purchase service credits. A FOP

16

911 Operators' Division employee shall have until April 20, 2001 to purchase service

17

credits.

18

(2)

The ceiling amount of service credits that maybe purchased by these employees shall

19

be in accordance with Section 292.01(f) and (r) including the time the employee was

2 0

excluded pursuant to Section 292.14(c)(1).

Approved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

2

DRAFT #203/16/2010

1

(3)

An employee, who becomes a member pursuant to Section 292.14(d), Section

2

292.14(e), or Section 292.140 may purchase service credits in accordance with

3

Section 292.20(a)(2).

4

(c)

A member, who was an employee that elected to return to the Employees' Retirement System

5

pursuant to Sections 292.14(c)(2) through (4) and has remained a member but did not

6

purchase all the service credits for actual City service within his or her service credit

7

purchase ceiling in accordance with Section 292.155(b)(2), may elect to purchase solely by

8

in-service transfer from the City of Lansing IRC 457 Deferred Compensation Plan, up to the

9

years and months of service credits for retirement pension benefits pursuant to IRS Code

10

Sections 415(n)(3)(A) and 457(e)(17) limited to the difference between his or her service

• 11

credits previously purchased and the service credits ceiling, provided the member meets all

12

of the following criteria:

13

(1)

Is a member at the time of the election and purchase; and

14

(2)

Signs and delivers to the City on or before February 3, 2006 a request for actuarial

15

calculations of tbemember's cost to purchase service credits under this subsection (c)

16

and pays the fee for the actuarial services and cost of worksheet preparation; and

17

(3)

Signs and delivers to the Citywithiii 60 days ofhis or her receipt of the actuarial cost

18

worksheet the requisite written agreement to purchase service credit and elects in the

19

agreement to purchase a specific number of months and/or years of service credits

• 2 0

within his or her aforestated limitation; and purchases the service credits within 30

21

days of the delivery of the signed agreement by an in-service transfer [as described in

22

IRS Code Section 457(e)(17)] otherwise payable to the eligible employee from the. Approved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

3

DRAFT #203/16/2010

1

City of Lansing IRC 457 Deferred Compensation Plan, or solely in the event that the

2

member retires within 30 days of delivery of the signed agreement and otherwise

3

complies with this subsection (c), the service credits may be purchased after

4

retirement for a period not to exceed 30 days following the retirement date, by a

5

direct rollover of eligible rollover distributions [as described in IRS Code Section

6

401(a)(31)] otherwise payable to the eligible employee from the City of Lansing IRC

7

457 deferred compensation plan, and;

8

(4)

Bypurchasing such service credits, will not exceed the limitations prescribed by IRS

9

Code Section 415.

10

Service credits purchased pursuant to this subsection (c) shall be at 100 percent of the

11

Employees' Retirement System cost to fund the member's pension benefit actuarially

12

determined by the Employees' Retirement System's actuary for the time of purchase.

13 (d)

A member may elect to purchase up to three FIVE years of service credits for retirement

14

pension benefits pursuant to IRS Code Section 415(n)(3)(b), provided the member meets all

15

of the following additional criteria:

16

(1)

Is a member at the time of the election and purchase; and

17

(2)

Has earned at least 8 years of service credits for actual City service while a member;

18

and

19

(3)

Signs and delivers to the City a request for actuarial calculations of the member's

2 0

cost to purchase service credits under this subsection (d) and pays the fee for the

21

actuarial services and cost of worksheet preparation; and

1

Approved as to form:

John M. Roberts Jr., Chief Deputy City AttomeyDated:

4

DRAFT #203/16/2010

1

(4)

Signs and delivers to the City within 60 days ofhis or her receipt of the actuarial cost

2

worksheet the requisite written agreement to purchase service credit and elects in the

3

agreement to purchase a specific number of months and/or years of service credits;

4

and

5

(5)

Except for City of Lansing IRC 457 Deferred Compensation Plan, in-service plan-to-

6

plan transfers or post-separation direct rollovers, tenders with the signed written

7

agreement the funds to the City to purchase service credits; and

8

(6)

By purchasing such service credits, will not exceed the limitations prescribed by IRS

9

Code Section 415.

10

In the event a member does not purchase at one time the fall t ee FIVE years of

11

service credits, he or she may purchase additional service credits of up to a maximum that

12

does not exceed the aggregate of three FIVE years, provided that at the time of and for each

13

purchase, themember meets all the criteria in this subsection (d). Service credits purchased

14

pursuant to this subsection (d) shall be at 100 percent of the Employees' Retirement System

15

cost to fund the member's pension benefit actuarially determined by the Employees'

16

Retirement System's actuary for the time of purchase.

17

Service credits purchased pursuant to this subsection (d) shall not be used or included

18

in meeting any of the requirements for eligibility for retirement health care, whether

19

contained in Chapter 293, collective bargaining agreements or applicable fringe benefit

2 0

plans, including the minimum of 15 years of actual service or the minimum age at which the

21

benefit begins.

Approved as to form,

John M. Roberts Jr., Chief Deputy City AttorneyDated:

5

DRAFT #203/16/2010

1

Notwithstanding other sources of funds used to purchase service credits -under this

2

subsection (d), and solely in the event that the member retires within 60 days of his or her

3

receipt of the actuarial cost worksheet and otherwise complies with this subsection (d), the

4

service credits may be purchased after retirement for a period not to exceed 30 days

5

following the retirement date, by a direct rollover of eligible rollover distributions [as

6

described in IRS Code Section 401(a)(31)] otherwise payable to the eligible employee from

7

the City of Lansing IRC 457 Deferred Compensation Plan.

8

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

9 inconsistent with the provisions hereof are hereby repealed.

10

Section 3 . Should any section, clause or phrase of this ordinance be declared to be invalid, the

11 same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part

12 so declared to be invalid.

'13

Section 4. This ordinance shall take effect on the 30th day after enactment unless given

14 immediate effect by City Council.

Approved.. as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

6C:ID000ME-IV:REEVE-LEAN'LOCALS-I\7cmplXPgrlm viseTurchase Service Credits 202.135 DR203.16.10.doc

CITY OF LANSINGNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, May24, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing City Hall,124 W. Michigan Ave., Lansing, MI for the purpose of considering an Ordinanceof the City of Lansing, Michigan to amend the Police and Fire RetirementSystem, Chapter 294 of the Lansing Codified Ordinances, to provide for thesuspension of retirement for employees who retire and return to employment withthe City, whether on a salaried or contractual basis. For more information pleasecall 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

CITY OF LANSINGNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, May24, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing City Hall,124 W. Michigan Ave., Lansing, MI for the purpose of considering an Ordinanceof the City of Lansing, Michigan to amend the Employees' Retirement System,Chapter 292 of the Lansing Codified Ordinances, to provide for the suspension ofretirement for employees who retire and return to employment with the City,whether on a salaried or contractual basis. For more information please call 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

r

Rji

BY COUNCILMEMBER JESSICA YORKORESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the City of Lansing strives at becoming a bike friendly communityand has demonstrated its commitment through its Complete Streets program andthe extension of its River Trails; and

WHEREAS, a bicycle friendly community welcomes cyclists by providing safeaccommodations for cycling and encouraging people to bike for transportationand recreation; and

WHEREAS, encouraging bicycling is a simple way to improve public health, andwith more people bicycling, communities experience reduced traffic demands,improved air quality, and greater physical fitness; and

WHEREAS, building a bicycle friendly community can translate into a moreconnected, physically active, and environmentally sustainable community thatenjoys increased property values, business growth, increased tourism, and moretransportation choices for citizens; and

WHEREAS, the League of American Bicyclists' Bicycle Friendly CommunityProgram provides incentives, hands-on assistance, and award recognition forcommunities that actively support bicycling; and

WHEREAS, the League of American Bicyclists awards are based on the "FiveE's"; Engineering, Education, Encouragement, Enforcement, and Evaluation toyield a holistic picture of a community's work to promote bicycling; and

WHEREAS, applicant communities are judged in accordance with Five E's,requiring qualified applicants to demonstrate achievements in each of the fivecategories in order to be considered for an award. Communities with moresignificant achievements in these areas receive superior awards; and

WHEREAS, in 2010, the City of Lansing was recognized by the League ofAmerican Bicyclists at a Bronze Level for its commitment to creating a bicyclefriendly community through the Complete Streets program.

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,wishes to congratulate the City of Lansing for achieving the Bronze Level with theLeague of American Bicyclists and encourages the City to continue its efforts topromote and provide a safe and comprehensive biking community.

RESOLUTION # BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Act-18-08: 1941 Reo Road, Vacate a Portion of the Church Drain

WHEREAS, Jon Addiss, 1941 Reo Road, requests that the City reduce the easement width ofChurch Drain on his property to the minimum required by the Public Service Department.

WHEREAS, the Church Drain is in a single-use easement, 100' wide (50' from the centerline onboth the north and the south), with no other utilities allowed within the easement.

WHEREAS, the Public Service Department investigated the necessity of the easement, andfound that that the Church Drain easement be reduced to 20 feet, ten feet on either side of thedrain pipe, at 1941 Reo Road; and

WHEREAS, the Church Drain is a former Ingham County drain that was transferred to the Cityof Lansing on August 23, 1963; and

WHEREAS, on November 17, 2009, the Planning Board reviewed the comments of the PublicService Department and location, character and extent of Act-2-09 in accordance with its Act 33Review procedures, and found that there is no public purpose for 80% of the easement width;and

WHEREAS, the Planning Board voted unanimously (4-0) to recommend approval of Act-18-08,Mr. Addiss' request that the City vacate the in accordance with Section 208 of the City'sAdministration Code.

WHEREAS, the Committee on Development and Planning has reviewed the report andrecommendation of the Planning Board and concurs therewith;

NOW THEREFORE BE IT RESOLVED, the Lansing City Council hereby approves Act-18-08,and vacates the north 40' and the south 40' of the Church Drain Easement at 1941 Reo Road,more particularly described as:

The North forty feet of that part of the Church Drain easement which lies within Lots 169 and170,ANDThe South forty feet of that part of the Church Drain easement which lies within Lots 168, 169and 170, Pleasant Grove Subdivision, City of Lansing, Ingham County, Michigan

BE IT FURTHER RESOLVED, that the Mayor, on behalf of the City, is hereby authorized to signand execute all documents necessary to effectuate the aforementioned transaction(s), subjectto their prior approval as to content and form by the City Attorney.

BE IT FINALLY RESOLVED, that the City Clerk within 30 days of passage of the resolutionshall forward certified copies of the resolution to the Ingham County Register of Deeds forrecording and upon return, transmit a copy of the recorded resolution to the MichiganDepartment of Labor and Economic Growth, Subdivision Control Unit, the Planning andDevelopment and Assessor's Offices, the Department of Public Service, and the applicant.

DRAFTBY THE COMMITTEE ON DEVELOPMENT AND PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Act-8-09, Acceptance of Donation of Riverfront Property (PPN 33-01-01-23-128-001)

WHEREAS, Lansing Parks and Recreation Department, requests that the City acceptthe donation of riverfront land, offered by Joan E. Wright, of 600 E. Sherwood Road,Williamston; and

WHEREAS, the property is wooded triangular parcel that serves as a natural bufferbetween the East Lansing Sewer Treatment Facility and the Red Cedar River; and

WHEREAS, the property is located across the river from the Lansing River Trail,southwest of the I-96/US-127 interchange, and is approximately four (4) acres in size;and

WHEREAS, there were no objections from the various agencies regarding the proposal;and

WHEREAS, on March 2, 2010, the Planning Board reviewed the location, character, andextent of the proposal and found that:

(1)

This location is a wooded wetland in the 100 year flood plain and is situatedadjacent to the river and the East Lansing wastewater treatment plant,

(2) The property is depicted in the master plan for `Parks/OpenSpace/Cemetery' use, and the proposed acquisition is consistent with theintended use being advanced in the plan,

(3)

Acquisition of the subject parcel for the purpose of preserving the site in itsnatural state is consistent with the existing character of the area,

(4) The extent of the acquisition is consistent with the intent of Act 285 in view ofthe strategic benefits of this particular site for buffering and as a wildlifecorridor; and

WHEREAS, the Planning Board, at its meeting held on March 2, 2010, votedunanimously (6-0) to recommend approval of Act-8-09, the request by the Parks andRecreation Department to accept the donation of a river front parcel of land for openspace and preservation purposes.

WHEREAS, a commitment for title insurance, completed by Diversified National TitleAgency, L.L.C. on behalf of the City (commitment #093169 dated October 14, 2009)

Page 1 of 2

DRAFT

Approved for placement on the City Council Agenda

James D. Smierrtka, City Attorney

reveals that the applicant owns a fee simple interest in the property, vested in the nameMaguire Associates, a Michigan Limited Partnership; and

WHEREAS, the donor has agreed to pay for all taxes due or ongoing as of December31, 2003; and

WHEREAS, an appraisal conducted by the R.S. Thomas $ Associates, determined thatas of April 14, 2010, the fair market value of a fee simple interest in the subject propertyis $13,000; and

WHEREAS, the environmental review of the property, conducted in November, 2009 bythe Harold Blake Co., revealed no contamination on the site; and

WHEREAS, the Committee on Development and Planning reviewed the report andrecommendation of the Planning Board and the Administration and concurs therewith;

WHEREAS, the capital project fund account for park acquisition and development canbe utilized for this acquisition with Council authorization; and

NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council hereby approvesAct-8-09, and accepts the donation of the property, legally described as:

THAT PART OF NORTHWEST 1/4 SECTION 23 LYING NORTH OF C&ORAILROAD S'LY OF RED CEDAR RIVER, SECTION 23 OF T4N, R2W, CITYOF LANSING, INGHAM COUNTY, MICHIGAN.

BE IT FURTHER RESOLVED, that upon the transfer of the property to the City, theproperty shall be dedicated park property, subject to the conditions precedent in thisresolution.

BE IT FURTHER RESOLVED, the Parks and Recreation Department is authorized touse the capital project fund account to pay all costs associated with the acceptance ofthis donation.

BE IT FINALLY RESOLVED, the City's acceptance shall be effective upon thecompliance with the following conditions:1. Presentment of evidence, to the satisfaction of the City Attorney, that the donors

possess clear, marketable, insurable title to the property,2. The owner's presentment of a good and sufficient warranty deed, subject to prior

approval by the City Attorney, transferring clear marketable ownership of theproperty to the City of Lansing.

Page 2 of 2

Approved for placement on the City Council Agenda

James D. Smierrtka, City Attorney

^itl 5 4 c

BY THE COMMITTEE ON DEVELOPMENT & PLANNING .RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Resolved by the City Council of the City of Lansing that a public hearing be set forMonday, June 14, 2010, at 7 p.m. in City Council Chambers, Tenth Floor, Lansing CityHall, 124 West Michigan Avenue, Lansing, Michigan, for the purpose of approvingand/or opposing the Ordinance for rezoning:

SLU-1-2010, 5750 S. Cedar Street, Special Land Use Permit - Church in the "J"Parking, "G-2" Wholesale, "F" Commercial and "H" Light Industrial districts

DRAFTBY THE COMMITTEE ON DEVELOPMENT & PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY'OF LANSING

Resolved by the City Council of the City of Lansing that a public hearing be set forMonday, June 14, 2010, at 7 p.m. in City Council Chambers, Tenth Floor, Lansing CityHall, 124 West Michigan Avenue, Lansing, Michigan, for the purpose of approvingand/or opposing;

Act-5-2009, Marketing for sale of the Comfort Station located at 313 E. GrandRiver Avenue.

DRAFT

Page 1 of 1

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

BY THE PLANNING AND DEVELOPMENT COMMITTEERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

BROWNFIELD PLAN #48HOLMES STREET SCHOOL REDEVELOPMENT PROJECT

WHEREAS, the Lansing Brownfield Redevelopment Authority has prepared and forwardedan approved Brownfield Plan pursuant to and in accordance with the provisions of theBrownfield Redevelopment Financing Act, Public Act 381 of 1996, as amended, forproperty commonly referred to as 1030 Holmes Street located in the City of Lansing; and

WHEREAS, prior to Council's action on this request, it is necessary to hold a public hearingon the Plan, to allow for any resident, taxpayer or ad valorem taxing unit the right to appearand be heard;

NOW, THEREFORE, BE IT RESOLVED that a public hearing be held in the City CouncilChambers of the City of Lansing, 10th Floor, Lansing City Hall, Lansing, Michigan, on June14th at 7:00 p.m. on Brownfield Plan #48 Holmes Street School Redevelopment Projectunder the Brownfield Redevelopment Financing Act, for property located within theboundary more particularly described by parcel numbers as:

33-01-01-22-133-102

And that the City Clerk cause notice of such hearing to be published twice in a publicationof general circulation, no less than 10 days or more than 40 days prior to the date of thepublic hearing, and that the City Clerk also cause the legislative body of each taxing unitlevying ad valorem taxes on this property, to be notified of Brownfield Plan #48 and thescheduled public hearing.

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on May 24th at 7:00 p.m. in the CityCouncil Chambers, 10 tf' Floor, Lansing City Hall, Lansing, MI, for the purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, other interestedpersons and ad valorem taxing units to appear and be heard on the approval of BrownfieldPlan #48 Holmes Street School Redevelopment Project, pursuant to and in accordancewith the provisions of the Brownfield Redevelopment Financing Act, Public Act 381 of1996, as amended, for property located at the 1030 Holmes Street, in Lansing, Michigan,but more particularly described by parcel as:

LOTS I THRU 13 INCL & LOTS 21 THRU 34 INCL BLOCK 11 MANUFACTURERS ADDNO 2

Approval of this Brownfield Plan will enable the Lansing Brownfield RedevelopmentAuthority to capture incremental tax increases which result from the redevelopment of theproperty to pay for costs associated therewith. Further information regarding this issuemay be obtained from Andrea Ragan, Economic Development Corporation of the City ofLansing, 401 S. Washington Square, Suite 100, Lansing, MI 48933, (517) 483-4140.

Chris Swope, Lansing City Clerk

D f,^51 AFTBY THE DEVELOPMENT AND PLANNING COMMITTEE

RESOLUTION TO SET A PUBLIC HEARING REGARDING THE ESTABLISHMENTOF AN OBSOLETE PROPERTY REHABILITATION DISTRICT

2822 N. Martin Luther King Jr., Blvd.

WHEREAS, the intending purchaser of property located at 2822 N. Martin Luther King Jr., Blvd..in the City of Lansing, Michigan (the Property) has requested in writing that the City of Lansingestablish an Obsolete Property Rehabilitation District (the District) as enabled by Public Act 146of 2000, the Obsolete Property Rehabilitation Act (the Act), and

WHEREAS, the intending owner of the Property, Foresight Group, will be the legal owner ofgreater than fifty percent (50%) of all taxable value of the property located within the proposedDistrict, and

WHEREAS, the property in question and the proposed boundary of the District is legallydescribed as:

LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LANSING,INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED PLAT THEREOF, ASRECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERNMOSTCORNER OF LOT 1; THENCE S52°00'30"E, 802.91 FEET ALONG THE SOUTHWESTERLYLINE OF THE CSX RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCES02°14'42W, 7.60 FEET ALONG THE EASTERNMOST LINE OF LOT 3; THENCE 235.43FEET ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVE TOTHE LEFT, HAVING A DELTA ANGLE OF 39°21'43" AND A CHORD OF N73°58'04"W, 61.01FEET; THENCE S01 55'53"W, 7.72 FEET; THENCE N88°04'07"W, 298.97 FEET; THENCEN01°58'30"E, 361.76 FEET ALONG THE EAST LINE OF MARTIN LUTHER KING, JR.BOULEVARD TO THE POINT OF BEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS.

DAF

`3;C'

and,

WHEREAS, the Act requires that before establishing a District the Lansing City Council hold apublic hearing in order to provide an opportunity for owners, residents or other taxpayers of theCity of Lansing to appear and be heard regarding the establishment of the District.

NOW THEREFORE BE IT RESOLVED that a public hearing be held in the City CouncilChambers of the City of Lansing, 10th Floor, Lansing City Hall, Lansing, Michigan, on Monday,June 14, 2010 at 7:00 p.m. for the purpose of receiving public comment on the establishment ofan Obsolete Property Rehabilitation District under the provisions of Public Act 146 of 2000 andthat the Clerk shall publish once in a publication of general circulation within the community anotice of the scheduled public hearing and that the notice appear not less than 10 or more than30 days prior to the date of the hearing and that the Clerk also cause the owner of propertywithin the proposed district to receive written notice of the public hearing to be delivered bycertified mail.

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on June 14, 2010 at 7:00 p.m. in theCity Council Chambers, 10 th Floor, Lansing City Hall, Lansing, MI, for the purpose statedbelow:

To afford an opportunity for all residents, taxpayers of the City of Lansing, other interestedpersons and ad valorem taxing units to appear and be heard on the establishment of anObsolete Property Rehabilitation District (the District), pursuant to and in accordance withthe provisions of the Obsolete Property Rehabilitation Act, Public Act 146 of 2000, forproperty located at 2822 N. Martin Luther King Jr., Blvd.., Lansing, Michigan, legallydescribed as follows:

LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LANSING,INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED PLAT THEREOF, ASRECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MOREPARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERNMOST CORNEROF LOT 1; THENCE S52°00'30"E, 802.91 FEET ALONG THE SOUTHWESTERLY LINE OF THECSX RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCE S02°14'42W, 7.60 FEETALONG THE EASTERNMOST LINE OF LOT 3; THENCE 235.43 FEET ALONG THESOUTHERLY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVE TO THE LEFT, HAVING ADELTA ANGLE OF 39°21'43" AND A CHORD OF N73°58'04"W, 61.01 FEET; THENCES01°55'53"W, 7.72 FEET; THENCE N88°04'07"W, 298.97 FEET; THENCE N01°58'30"E,361.76 FEET ALONG THE EAST LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THEPOINT OF BEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS.

Creation of this District will enable the owner or potentially the developer of property withinthe District to apply for an Obsolete Property Rehabilitation Exemption Certificate whichwould result in the abatement of certain property taxes. Further information regarding thisissue may be obtained from Ken Szymusiak, Economic Development Corporation of theCity of Lansing, 401 S Washington Sq, Suite 100, Lansing, MI 48933, 517-483-4140.

Chris Swope, Lansing City Clerk

BY THE COMMITTEE ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Harvey Clarizio sought to eliminate special assessment of $399.66 forTrash and Debris and all associated penalties and interest on the property tax bill of 325N. Francis, Lansing, Michigan; and

WHEREAS, the Committee on General Services met on Monday, May 17, 2010 toreview the claim; and

WHEREAS, the Committee encourages the claimant to pursue recourse action againstthe previous property owner or title company;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, deniesthe claim filed by Harvey Clarizio of $399.66 for special assessment on Trash andDebris and all associated penalties and interest on the property tax bill of 325 N.Francis, Lansing, Michigan;

BE IT FURTHER RESOLVED that no further action is required by the City Attorney forprocessing this claim.

BY THE COMMITTEE ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the application for a Charitable Religious Solicitation License was filed byLauren Leeds on behalf of Share Our Strength located at 1717 Bradley Avenue to sellbaked goods for the "Great American Bake Sale" at the corner of Washington Squareand Allegan Street; and

WHEREAS, the application has been previously approved by the appropriatedepartment within the City of Lansing; and

WHEREAS, the Committee on General Services met on Monday, May 17, 2010 andtook affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the application for a Charitable ReligiousSolicitation License filed by Lauren Leeds on behalf of Share Our Strength located at1717 Bradley Avenue to sell baked goods for the "Great American Bake Sale" at thecorner of Washington Square and Allegan Street is approved;

BE IT FURTHER RESOLVED that this license will expire one year after date ofissuance.

BY THE COMMITTEE OF THE WHOLERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Act 156, Public Acts of 1917, authorizes cities to vote and expend funds for theoperation of public recreation systems; and

WHEREAS, the voters in the elections held on August 7, 1990, August 8, 1995, August 8,2000, and August 2, 2005 supported levying one mill ($1.00 per $1,000), commencing July 1,1991, on all taxable real and personal property for the purpose of operating the City'srecreation system; and

WHEREAS, fiscal year 2010-2011 marks the twentieth year of the millage; and

WHEREAS, on May 12, 2010 the Parks Board recommended to the Mayor and City Councilthat the renewal of the one mill for five years be placed on the August 3, 2010 ballot; and

WHEREAS, the City Council adopted a Parks and Recreation Five Year Master Plan on March29, 2010 identifying numerous capital improvement deficiencies and needs in the Parks andRecreation System; and

WHEREAS, the one mill will be instrumental in addressing these deficiencies and needs; and

WHEREAS, the City seeks the support of the voters for a renewal of the one mill for anadditional five (5) years commencing July 1, 2011.

NOW, THEREFORE, BE IT RESOLVED that at the Primary Election which is to be held in theCity on Tuesday, August 3, 2010 between the hours of 7:00 o'clock a.m. and 8:00 o' clockp.m., there shall be submitted to vote of the qualified electors of said City the proposition oflevying, for an additional five (5) years beginning July 1, 2011, one mill for the operation of theCity's parks and recreation system;

BE IT FURTHER RESOLVED that the proposition to be submitted at said election shall bestated on a separate ballot or as a separate proposition on voting machines in substantially thefollowing form:

PROPOSAL TO RENEW A LEVY OF ONE MILL FOR OPERATION OF PARKS ANDRECREATION SYSTEM

Shall the City of Lansing, Counties of Ingham and Eaton, Michigan, renew a levy of onemill ($1.00 per $1,000) for five years commencing July 1, 2011 on all taxable real and .personal property in the City of Lansing for the purpose of operating and maintaining theCity's Parks and Recreation System?

YES

NO

BE IT FURTHER RESOLVED that the City Clerk shall cause notice of the submission of saidproposition to be given at such times and places as other notices regarding the last day ofregistration and notice of election for the Primary Election to be held August 3, 2010 are givenin accordance with Michigan Law.

BE IF FINALLY RESOLVED that all resolutions and parts of resolutions insofar as they conflictwith the provisions of this resolution be, and the same are, hereby rescinded.

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing, Michigan, Providing for the Rezoning of a parcel ofreal property located in the City of Lansing, Michigan and for the revision of the districtmaps adopted by section 1246.02 of the Code of Ordinances.

Property identified as Z-1-2010; 300 Elvin Ct.

Is read a second time by its title. The Ordinance was reported from the Committee onDevelopment & Planning and is on the order of immediate passage.

By Council Member Jeffries

COUNCIL MEMBER

YEAS

NAYSDUNBAR

HEWITT

HOUGHTON

JEFFRIES

QUINNEY

ROBINSON

WOOD

YORKO

❑ ADOPTED

❑ FAILED

ORDINANCE #

AN ORDNANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THEREZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF LANSING,MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPS ADOPTED BYSECTION 1246.02 OF THE CODE OF ORDINANCES.

The City of Lansing ordains: .

Section 1. That the district maps adopted by and incorporated as Section 1246.02 of the Code ofOrdinances of the City of Lansing, Michigan be amended to provide as follows:

To change the zoning classification of the property described as follows:Case Number:

Z-1-2010Address:

300 Elvin CourtParcel Number:

PPN: 33-01-01-15-226-012Legal Descriptions: Commencing at the Northwest Corner of Lot 1, Block 1 Rumsey's

Michigan Avenue Addition, Thence North 503 Feet Along the EastLine of Marshall Street, East 388.16 Feet, South 502.98 Feet to theNorth Line of JB Rayner's Addition, West 390.06 Feet to the Pointof Beginning, Section 15 T4N R2W, City of Lansing, Ingham Co.,MI, from "B" Residential District to "E-1" Apartment ShopDistrict.

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof arehereby repealed.

Section 3. This ordinance was duly adopted by the Lansing City Council on , 2010,and a'copy is available in the office of the Lansing City Clerk, 9th Floor, City Hall, 124 W.Michigan Avenue, Lansing, MI 48933.

Section 4. This ordinance shall take effect upon the expiration of seven (7) days from the datethis notice of adoption is published in a newspaper of general circulation.

Page 1 of 1

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

J F „

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing, Michigan to amend the Police and Fire RetirementSystem, Chapter 294, Section 294.02(h) of the Lansing Codified Ordinances, to permitemployee members to purchase service credits of up to five years pursuant to IRS codesection 415 (n)(3)(b)

Is read a second time by its title. The Ordinance was reported from the Committee onWays and Means and is on the order of immediate passage.

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

HEWITT

HOUGHTON

JEFFRIES

QUINNEY

ROBINSON

WOOD

YORKO

❑ ADOPTED

❑ FAILED

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Clip 294, Sec 294.02(h)(4) '

March 29, 2010

1

ORDINANCE NO.

2

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

3 AND FIRE RETIREMENT SYSTEM, CHAPTER 294 , SECTION 294.02(h) OF THE LANSING

4 CODIFIED ORDINANCES, TO PERMIT EMPLOYEE MEMBERS TO PURCHASE SERVICE

5 CREDITS OF UP TO FIVE YEARS PURSUANT TO IRS CODE SECTION 415 (n)(3)(B).

6

TEE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 294, Section 294.02(h), of the Codified Ordinances of the City of

8 Lansing, Michigan, be and is hereby amended by adding a new subsection 294.02(h)(4), to read as

9

follows:

10 (h)

Service Credit.

11

(1)

Generally. The Board of Trustees shall determine, by appropriate rules and

1.2

regulations, the amount of service to be credited any member, but in no case shall

13

less than 11 months of service rendered by amemberin. any calendar year be credited

14

him or her as a year of service; nor shall more than one year of service be credited

15

any member for all service rendered by him or her in any calendar year.

16

(2)

Military service credit. Should a policeman or fireman, who whiil e employed by the

17

City entered or enters any armed service of the United States Government during

18

time of compulsory military service, such armed service actually required of him or

19

her shall be credited him or her as City service in the same manner as if he or she has

20

served the City „ninterruptedly, provided that:

Approved as to form:

City AttorneyDated:

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Chp 294, Sec 294.02(h)(4)

March 29, 2010

1

A.

He or she returns to the employ of the City within one year from and after

2

termination of such armed service actually required of him or her;

3

B.

He or she returns to the employees' savings fund the amount, if any, he or she

4

withdrew therefrom at the time he or she entered or while in such armed

5

service, together with regular interest from the date of withdrawal to the date

6

of repayment; and

7

C.

In no case shall any member be credited with more than five years of City

8

service for all such armed service rendered by him or her. In case of doubt as

9

to the period of such armed service to be credited, a member of the Board of

10

Trustees' shall have final power to determine such period.

11

During the period of a member's armed service in the Federal Government

12

and until his or her return to City employment, his or her contributions to the

13

employees' savings fund shall be suspended and his or her balance standings

14

to his or her credit in such fund shall be accumulated at regular interest.

15

(3)

Additional military service credit. Police non-supervisory and firefighter members

16

shall be eligible to receive retirement service credit for periods of compulsory or non-

17

compulsory induction into the Armed Forces of the United States of America as if the

18

employee had served the City during that period, provided that:

19

A.

The employee shall submit a written election to receive military service

Approved as to form:

2

City AttorneyDated;

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Chp 294, Sec 294.02(h)(4)

March 29, 2010

1

retirement credit for all or part of the period of military service;

2

B.

The employee requesting military service credit shall pay the cost of an

3

actuarial evaluation of the cost of adding such military service to his or her

4

retirement service credit, performed by the actuary denoted in paragraph

5

(d)(4) hereof. Costs determined by said actuary shall be considered final and

6

binding upon the City, the collective bargaining unit for which the employee

7

is a member and the affected employee;

8

C.

The employee shall be responsible for the extra cost of adding such military

9

service to his or her retirement service credit: The employee electing to

10

exercise the right to receive military credit shall make full payment for the

11

cost of such service credit no later than' 60 days following receipt of the

12

actuarial cost information;

13

D.

In no case shall any member be credited with more than two years of City

14

service for all such armed service rendered by him or her. In case of doubt as

15

to the period of such armed service to be credited, the Board of Trustees shall

16

have final power to determine such period;

17

E.

An employee eligible to receive military service credit, as defined in both this

18

subsection and subsection (h)(2) hereof, shall receive such credit first as

19

described in subsection (h)(2) hereof and second as described in this

Approved as to form:

Dated:City Attorney

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Clip 294, Sec 294.02(h)(4)

March 29, 2010

1

subsection for any remaining credit; and

2

F.

Active military service shall be defined to include periods of voluntary or

3

involuntary induction into the Anned Forces of the United States of America

4

under the Selective Service Act of 1940, as amended; it shall, also include the .

5

initial training period required to be a reserve memb er oftheAimed Forces of

6

the United States of America or the.United States National Guard. But shall

7

specifically exclude annual reserve trainingprograms required of reservists or

8

National Guard members.

9

(4)

A member may elect to purchase up to twee FIVE years of service credits for retirement

10

pension benefits pursuant to IRS Code Section 415(n)(3)(b), provided the member meets all

11

of the following additional criteria:

12

(A) Is a member at the time of the election and purchase; and

13

($) Has earned at least 5 years of service credits for actual City service while a member;

14

and

15

(C)

Signs and delivers to the City a request for actuarial calculations of the member's

16

cost to purchase service credits under this subsection (4) and pays the fee for the

17

actuarial services and cost of worksheet preparation; and

18

°

(D) . Signs and delivers to the Citywithin 60 days of his or her receipt of the actuarial cost

19

worksheet the requisite written agreement to purchase service credit and elects in the

Approved as to form

City AttorneyDated:

ORDINANCE

DRAFT # 1(Rev'd)RE: Police & Fire Retirement, Chp 294, Sec 294.02(h)(4)

March 29, 2020

1

agreement to purchase a specific number of months and/or years of service credits;

2

and

3

(E)

Except for City of Lansing IRC 457 Deferred Compensation Plan direct rollovers,

4

tenders with the signed written agreement the funds to the City to purchase service

5

credits; and

6

(F)

By purchasing such service credits, will not exceed the limitations prescribed by IRS

7

Code Section 415.

8

In the event a member does not purchase at one time the full 6 :me FIVE years of service

9

credits, he or she may purchase additional service credits of up to a maximum that does not

10

exceed the aggregate of ,Lr-ee- FIVE years, provided that at the time of and for each purchase,

11

the member meets all the criteria in this subsection (4). Service credits purchased pursuant to

12

this subsection (4) shall be at 100 percent of the Chapter 294 retirement system cost t0 fund.

13

the member's pension benefit actuarially determined by the actuary . denoted in paragraph

14

(d)(4) for the time of purchase.

15

Service credits purchased pursuant to this subsection (4) shall not be used or included in

16

meeting any of the requirements for eligibility for retirement health care, contained in

17

collective bargaining agreements, including minimum years of actual service or minimum

18

age at which the benefit begins.

.19

Notwithstanding other sources of funds used to purchase service credits under this subsection

Approved as to form:

5

City AttorneyDated:

ORDINANCE

DRAFT # 1 (Rev'd)RE: Police & Fire Retirement, Chp 294, Sec 294.02(h)(4)

March 29, 2010

1

(4), and solely in the event that the member retires within 60 days of his or her receipt of the

2

actuarial cost worksheet and otherwise complies with this subsection (4), the service credits

3

maybe purchased after retirement for a period not to exceed 30 days following the retirement

4

date, by a direct rollover of eligible rollover distributions [as described in IRS Code Section

5

401(a)(31)] otherwise payable to the eligible employee from the City of Lansing IRC 457

6

Deferred Compensation Plan..

7

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

8 inconsistent with the provisions hereof are hereby repealed.

9

Section 3. Should any section, clause or phrase of this ordinance be declared to be invalid, the

10 same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part

11

so declared to be invalid.

12

Section 4. This ordinance shall take effect on the 30th day after enactment unless given.

13 immediate effect by City Council.

Approved as to form:

City AttorneyDated:

6C:)DOCUME-I\RIREEVL-1.LAN)LOCALS-11Temp\XPgrpmisePolice and Fire Retiremcnt Ord Clip 294 Sec (11)(4) Del 052.doc

i

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing, Michigan to amend the Employees' RetirementSystem, Chapter 292, Section 292.155 of the Lansing Codified Ordinances, to permitemployee members to purchase service credits of up to five years pursuant to IRS codesection 415 (n)(3)(b)

Is read a second time by its title. The Ordinance was reported from the Committee onWays and Means and is on the order of immediate passage.

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

HEWITT

HOUGHTON

JEFFRIES

QUINNEY

ROBINSON

WOOD

YORKO

❑ ADOPTED

❑ FAILED

DRAFT #203/16/2010

1

ORDINANCE NO.

2

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

3 EMPLOYEES' RETIREMENT SYSTEM, CHAPTER 292 , SECTION 292.155 OF THE LANSING

4 CODIFIED ORDINANCES, TO PERMIT EMPLOYEE MEMBERS TO PURCHASE SERVICE

5 CREDITS OF UP TO FIVE YEARS PURSUANT TO IRS CODE SECTION 415 (n)(3)(B) .

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 292, Section 292.155, of the Codified Ordinances of the City of

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

9 292.155. Purchase of service credit,

10

(a)

(1)

A member of the retirement system may elect to purchase service credit for prior full-

11

time service as an employee with the City, upon request, upon verification of the

12

employment by documentation satisfactory to the Board of Trustees and upon

13

payment to the retirement system of an amount equal to 14.9 percent of the member's

14

current annual rate of compensation, including longevity bonus, multiplied by each

15

year and fraction of a year of service to be purchased.

16

(2)

As used in this SUB section, "service as an employee with the City" consists of prior

17

full-time employment with the City or its boards and commissions, or with the

18

District Court, which employment 1has not already been credited to the member's

19

service account and for which the member would not otherwise be entitled to a

20

service credit, but for this section; "service as an employee with the City" includes

21

periods during which the member's income from the City or its boards or

22

commissions, or from the District Court, consisted of Workers' 'CompensationApproved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

1

DRAFT #203/16/2010

1

payments, provided the member has not already received credit for such service or is

2

not otherwise entitled to service credit for such periods.

3

(3)

In order to purchase service credit pursuant to this SUBsection, a member must elect

4

to do so in writing prior to July 16, 1988, and, within 30 days of such election, payin

5

one lump sum the amount required by subsection (a) hereof.

6

(b)

(1)

An employee who elects an option to return as a member of the employees'

7

retirement system pursuant to Subsections 292.14(c)(2) through (c)(4) maypurchase

S

service credits. Service credits purchased pursuant to this option shall be actuarially

9

determined at 83.9 percent of the employees' retirement system's actuarially accrued

10

liability as of October 1, 2000; except for a FOP 911 Operators' Division employee's

11

date for determining the actuarially accrued liability shall be as of May 1, 2001. A

12

City executive management plan employee, exempt employee, or a Teamsters 580

13

and 214 supervisory and non-supervisory employees shall have until September 1,

14

2000 to purchase service credits. A district court teamster or district court exempt

15

employee shall have until September 22, 2000 to purchase service credits. A FOP

16

911 Operators' Division employee shall have until April 20, 2001 to purchase service

17

credits.

18

(2)

The ceiling amount of service credits that maybe purchased by these employees shall

19

be in accordance with Section 292.01(f) and (r) including the time the employee was

2 0

excluded pursuant to Section 292.14(c)(1).

Approved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

2

DRAFT #203/16/2010

1

(3)

An employee, who becomes a member pursuant to Section 292.14(d), Section

2

292.14(e), or Section' 292.14(f) may purchase service credits in accordance with

3

Section 292.20(a)(2).

4

(c)

A member, who was an employee that elected to return to the Employees' Retirement System

5

pursuant to Sections 292.14(c)(2) through (4) and has remained a member but did not

6

purchase all the service credits for actual City service within his or her service credit

7

purchase ceiling in accordance with Section 292.155(b)(2), may elect to purchase solely by

8

in-service transfer from the City of Lansing IRC 457 Deferred Compensation Plan, up to the

9

years and months of service credits for retirement pension benefits pursuant to IRS Code

10

Sections 415(n)(3)(A) and 457(e)(17) limited to the difference between his or her service

• 11

credits previously purchased and the service credits ceiling, provided the member meets all

12

of the following criteria:

13

(1)

Is a member at the time of the election and purchase; and

14

(2)

Signs and delivers to the City on or before February 3, 2006 a request for actuarial

15

calculations of the member's cost to purchase service credits under this subsection (c)

16

and pays the fee for the actuarial services and cost of worksheet preparation; and

17

(3)

Signs and delivers to the City within 60 days of his or her receipt of the actuarial cost

18

worksheet the requisite written agreement to purchase service credit and elects in the

19

agreement to purchase a specific number of months and/or years of service credits

. 20

within his or her aforestated limitation; and purchases the service credits within 30

21

days of the delivery of the signed agreement by an. in-service transfer [as described in

22

IRS Code Section 457(e)(17)] otherwise payable to the eligible employee from theApproved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

3

DRAFT #203/16/2010

1

City of Lansing IRC 457 Deferred Compensation Plan, or solely in the event that the

2

member retires within 30 days of delivery of the signed agreement and otherwise

3

complies with this subsection (c), the service credits may be purchased after

4

retirement for a period not to exceed 30 days following the retirement date, by a

5

direct rollover of eligible rollover distributions [as described in IRS Code Section

6

401(a)(31)] otherwise payable to the eligible employee from the City of Lansing lRC

7

457 deferred compensation plan, and;

8

(4)

Bypurchasing such service credits, will not exceed the limitations prescribed by IRS

9

Code Section 415.

10

Service credits purchased pursuant to this subsection (c) shall be at 100 percent of the

11

Employees' Retirement System cost to fund the member's pension benefit actuarially

12

determined by the Employees' Retirement System's actuary for the time of purchase.

13 (d)

A member may elect to purchase up to thee FIVE years of service credits for retirement

14

pension benefits pursuant to IRS Code Section 415(n)(3)(b), provided the member meets all

15

of the following additional criteria:

16

(1)

Is a member at the time of the election and purchase; and

17

(2)

Has earned at least 8 years of service credits for actual City service while a member;

18

and

19

(3)

Signs and delivers to the City a request for actuarial calculations of the member's

2 0

cost to purchase service credits under this subsection (d) and pays the fee for the

21

actuarial services and cost of worksheet preparation; and

1

Approved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

4

DRAFT #203/16/2 010

1

(4)

Signs and delivers to the City within 60 days of his or her receipt of the actuarial cost

2

worksheet the requisite written agreement to purchase service credit and elects in the

3

agreement to purchase a specific number of months and/or years of service credits;

4

and

5

(5)

Except for City of Lansing IRC 457 Deferred Compensation Plan, in-service plan-to-

6

plan ixansfers or post-separation direct rollovers, tenders with the signed written

7

agreement the funds to the City to purchase service credits; and

8

(6)

Bypurchasing such service credits, will not exceed the limitations prescribed byIRS

9

Code Section 415.

10

In the event a member does not purchase at one time the full thr-ee FIVE years of

11

service credits, he or she may purchase additional service credits of up to a maximum that

12

does not exceed the aggregate ofthrcc FIVE years, provided that at the time of and for each

13

purchase, the member meets all the criteria in this subsection (d). Service credits purchased

14

pursuant to this subsection (d) shall be at 100 percent of the Employees' Retirement System

15

cost to fund the member's pension benefit actuarially determined by the Employees'

16

Retirement System's actuary for the time of purchase.

17

Service credits purchased pursuant to this subsection (d) shall not be used or included

18

in meeting any of the requirements for eligibility for retirement health care, whether

19

contained in Chapter 293, collective bargaining agreements or applicable fringe benefit

2 0

plans, including the minimum of 15 years of actual service or the minimum age at which the

21

benefit begins.

Approved as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

5

DRAFT #203/16/2010

1

Notwithstanding other sources of funds used to purchase service credits under this

2

subsection (d), and solely in the event that the member retires within 60 days of his or her

3

receipt of the actuarial cost worksheet and otherwise complies with this subsection (d), the

4

service credits may be purchased after retirement for a period not to exceed 30 days

5

following the retirement date, by a direct rollover of eligible rollover distributions [as

6

described in IRS Code Section 401(a)(31)] otherwise payable to the eligible employee from

7

the City of Lansing IRC 457 Deferred Compensation Plan. .

8

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

9 inconsistent with the provisions hereof are hereby repealed.

10

Section 3. Should any section, clause or phrase of this ordinance be declared to be invalid, the

11 same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part

12 so declared to be invalid.

13

Section 4. This ordinance shall take effect on the 30th day after enactment unless given

14 immediate effect by City Council.

Approved, as to form:

John M. Roberts Jr., Chief Deputy City AttorneyDated:

6C:ID000iliE-111:REEVE-I.LAMLOCALS-I17cnip\ PgrpwiselPurchase Service Credits 292.155 DP2 O3.1 G.10.dor

^2c

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing, Michigan to amend the Police and Fire RetirementSystem, Chapter 294 of the Lansing Codified Ordinances, to provide for the suspensionof retirement for employees who retire and return to employment with the City, whetheron a salaried or contractual basis

Is read a second time by its title. The Ordinance was reported from the Committee onWays and Means and is on the order of immediate passage.

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

HEWITT

HOUGHTON

JEFFRIES

QUINNEY

ROBINSON

WOOD

YORKO

❑ ADOPTED

❑ FAILED

THIS ITEM

NOT AVAILABLE

AT THE TIME OF PRINT

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing, Michigan to amend the Employees' RetirementSystem, Chapter 292 of the Lansing Codified Ordinances, to provide for the suspensionof retirement for employees who retire and return to employment with the City, whetheron a salaried or contractual basis

Is read a second time by its title. The Ordinance was reported from the Committee onWays and Means and is on the order of immediate passage.

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

HEWITT

HOUGHTON

JEFFRIES

QUINNEY

ROBINSON

WOOD

YORKO

❑ ADOPTED

❑ FAILED

THIS ITEM

NOT AVAILABLE

AT THE TIME OF PRINT

Chris SwopeLansing City Clerk

May 20, 2010

City Council President Robinson and Lansing City Council Members10th Floor City HallLansing, MI 48933

Dear President Robinson and Council Members:

On May 14, 2010, I received and placed on file the Public Notice and Federal Register forHomeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act.

This document is available for review at the office of the City Clerk.

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 • TDD 517-483-4479 . 517-377-0068 FAXwww.lansingmi.gov/clerk • [email protected]

x

14 1

Chris SwopeLansing City Clerk

May 20, 2010

President Robinson and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933

Dear Council Members:

The attached application for a License was submitted to the City Clerk's Office and is beingforwarded to you. My office has not approved the application based on therecommendation of the Lansing Treasurer's Department.

An application for a Cabaret License in the City of Lansing filed by Michelle Taylorof the Chrome Cat LLC located at 226 E Grand River, Lansing, MI.

Please let me know if I can provide any further information in this matter.

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

May 20, 2010

The Chrome Cat226 E. Grand River Ave.Lansing, MI 48906

Dear Ms. Taylor:

This letter is to inform you that the Office of the City Clerk cannot approve your applicationfor a Cabaret License that was filed in our office on April 29, 2010. The application cannotbe approved due to the denial by the Lansing City Treasurer (see attached letter). .

Please note that your Cabaret license expired on May 1, 2010, therefore, you are herebyprohibited from performing any actions forwhich a Cabaret license is required. Performingany of these actions is a violation of the City of Lansing code of Ordinances Section 808.

Please feel free to contact Doug Chambers in the City Treasurer's Office at (517) .483-4119, for further information. To reapply for your license an application can be obtained byvisiting the City Clerk's Website at www.lansingmi.gov/clerk or by calling Florence Jones inthe City Clerk's Office at (517) 483-4133.

cc: Lansing Police DepartmentLansing City Council

Enc.

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 $ 517-377-0068 FAXwww.lansingmi.gov/clerk $ [email protected]

CITY OF LANSINGCITY TREASUREY / INCOME TAX DIVISION

First Floor, City Hall124 W. Michigan Ave.Lansing, MI. 48933

(517) 483-4121FAX (517) 483-6084

5/14/2010

To: Lansing City Clerk, Chris Swope

From: Lansing Treasury

Re:

Application for Cabaret LicenseThe Chrome Cat LLC

Recommendation: Denied

This business has failed to submit employee withholding taxes, employee W-2s' and L-W3 reconciliation of employee withholding taxes for the year 2009. In addition theyhave failed to file L-1120 corporate income tax return for year 2009 and have failed topay a small balance of the personal property tax for year 2009.

Douglas ChambersTreasury InvestigatorCity of Lansing

5'1/tSGot 7i.Susan M ToppingDeputy TreasurerCity of Lansing

C'A

APPLICATION FOR A CABARET LICENSE

CABARET NAME 11/11- (,, -w,-e- (/d- / c_

ADDRESS Z-- 2 ^^^^^/^/!^ ^/ en/

DESCRIPTION OF PREMISES 11/7 5'l-0-'r.1 3 vJ(A r^^.

NAME OF APPLICANT rt/tl ' G LkLcIX21(65V PHONE CI '3 5--0'7101

ADDRESS OF APPLICANT -z--z--S- 0

c- 0J 0-4- c^ ,_ 1..f-(S /,.- Pk('

DOES APPLICANT OWE ANY PERSONAL PROPERTY TAXES? () YES

NO

ARE TAXES UNPAID ON PROPERTY TO BE USED? () YES

('() NO

Fee: $350.00/Non-refundable.

S'Z\7rf--d(1Chief of Police)

The undersigned applicant hereby agrees and consents that any member of the Lansing PoliceDepartment or the Fire Depa talent, Inspectors from the Ingham County Health Department, Cityof Lansing Building Safety Division or other officers of the City of Lansing may enter andinspect any part of such premises including the locked portions thereof, and further agrees toabide by and comply with the laws of the United States and the State of Michigan and the rulesand regulations of the Liquor Control Commission relative to the sale of alcoholic liquors. j

0(2-0/ ( (Date)(Applicant's Signature)

(Date)

(Date)

,tea .t,r--l kt/(Isom ̂-S-ICSHe h epa.rtment)

(Date)

(Building Department)

(Date)

(City Treasurer)

(Date)M3'13 Ai.13

8a 0 UCABARET.APP (REV. 1/98)

'

It

--

f

103

Chris SwopeLansing City Clerk

May 17, 2010

President Robinson and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933

Dear Council Members:

The attached application for a License was submitted to the City Clerk's Office and is beingforwarded to you. My office has not approved the application based on therecommendation of the Lansing Building Safety Department.

An application for a Cabaret License in the City of Lansing filed by MKE Inc. dbaTavern on the Square of Lansing, 206 S. Washington Sq., Lansing, MI.

Please let me know if I can provide any further information in this matter.

Chris SwopeCity Clerk

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

May 17, 2010

MKE Inc. of Lansingdba Tavern on the Square206 S. Washington Sq.Lansing, MI 48933

Dear Applicant:

This letter is to inform you that the Office of the City Clerk cannot approve your applicationfor a Cabaret License that was filed in our office on April 8th, 2010. The application cannotbe approved due to the denial by the Building Safety Department (see attached letter).

Please note that your Cabaret license expired on May 1, 2010, therefore, you are herebyprohibited from performing any actions for which a Cabaret license is required. Performingany of these actions is a violation of the City of Lansing code of Ordinances Section 808.

Please feel free to contact Jon Wadsworth in the Building Safety Department at (517) 483-4363, for further information. To reapply for your license an application can be obtained byvisiting the City Clerk's Website at www.lansingmi.gov/clerk or by calling Tracy Scott in theCity Clerk's Office at (517) 483-4133.

Sincerely

cc: Lansing Police DepartmentLansing City Council

Enc.

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 • 517-377-0068 FAXwww.lansingmi.gov/clerk • [email protected]

ECEllW EDAPR 0 8 2010

Building Safety APPLICATION FOR A CABARET LICENSE

CABARET NAME ' +f''VY 243 1c1A'

ADDRESS VkA{z(J J .k DESCRIPTION OF PREMISES ̀i 6^^ A

NAME OF APPLICANT M. V-C , 1 .5C- - PHONE 3-1 I -

ADDRESS OF APPLICANT i 0 E. PrL =f 3

DOES APPLICANT OWE ANY PERSONAL PROPERTY TAXES? () YES

NO

ARE TAXES UNPAID ON PROPERTY TO BE USED? () YES

(LNO

(Building Department)

(Date)

(City Treasurer)

(Date)

CABARET.APP (REV. 1/98)

RECEIVE

APR 0 5 2090

CITY INCOME TAX

as,

The undersigned applicant hereby agrees and consents that anymernber of the Lansing PoliceDepatitlent or the Fire Department, Inspectors from the Ingham County Health Department, Cityof Lansing Building Safety Division or other officers of the City of Lansing may enter andinspect anypart of such premises including the locked portions thereof, and further agrees toabide by and comply with the laws of the United States and the State of Michigan and the rulesand regy^l.ations of the Liquor Control Commission relative to the sale of alcoholic liquors.

NA

Fee: $350.00/Non-refundable.

(Chief of Police)

(Fire Marshall)

(Health Department)

(Date)

(Date)

(Date)

Chris SwopeLansing City Clerk

4;v"

May 17, 2010

President Robinson and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933

Dear Council Members:

The attached application for a License was submitted to the City Clerk's Office and is beingforwarded to you. My office has not approved the application based on therecommendation of the Lansing Building Safety Department.

An application for a Health Club License in the City of Lansing filed by YMCA ofLansing, on behalf of Oak Park YMCA located at 900 Long Blvd., Lansing, MI.

Please let me know if I can provide any further information in this matter.

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

May 20, 2010

YMCA of LansingOak Park YMCA900 Long Blvd.Lansing, MI 48911

Dear Applicant:

This letter is to inform you that the Office of the City Clerk cannot approve your applicationfor a Health Club License that was filed in our office on April 5th, 2010. The applicationcannot be approved due to the denial by the Building Safety Department (see attachedletter).

Pursuant to the City of Lansing Codified Ordinance Chapter 822.19 you may appeal thedenial by filing with Council within 14 days after this notice. The appeal must contain awritten statement setting forth fully the grounds for the appeal.

You must cease operation of this business until a license can be issued. To reapply foryour license, and application can be obtained by visiting the City Clerk's website atwww.lansingmi.qov/clerk or by calling Tracy Scott in the City Clerk's Office at (517) 483-4133.

Sincerely

cc: Lansing Police DepartmentLansing City Council

'Enc.

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 • 517-377-0068 FAXwww.lansingmi.gov/clerk • [email protected]

From Me Desk of:Jon Wadsworth'

Building InspectorCity of Lansing

Application is hereby made on behalf of

Name & Capacity of Applicant: ̀O'A.C L-nost Ne

Address of. Applicant: ..1Vt N., ̂ ^= ct^ ^T S;c ̂nzS u - `N1 _ tt g'r

Name & Address of Owner:

8271..•aUCo i 9S-lOwner Phone No.

Owner Date of Birth

`'^- ^ b±

Name of Lessor:

Address of Lessor:

Insured by: 6--TT-A-c '

For Public Liability up to $100,000 for injury or death of one person and for up to $300,000 forinjury or death to more than one person and for property damage in the sum of $100,000.(Copy.of policy must be filed with the City Clerk before a license will be issued.)

Policy No.

Issue Date

Expiration Date

Bonded by:

In the sum of $1,000. (Bond must be filed with the City Clerk prior to issuance of a license.)

Bond No.

Issue Date "

Expiration Date

APR 0 7 2010

Building Safety---- APPLICATION FOR A . HEALTH CLUB LICENSE

• (Health Club Name

'R0 Lc

- +-VD,. 1-Po'-% s

11(Health Club Address)

to operate a health, massage, bath or similar establishment, pursuant to Chapter .822 of theCodified Ordinances ofLansing, Michigan.

'

-/0

L-'Tj, 001-

4.

`,

e^ t F r^ U'Z- Jdl

S! x a a- t,`,. j

l t.' : ^. L

Cr,:a{

Name(s) of individual(s) who shall be on the premises .that hold(s) . exemption(s)'from the City.of Lansing as qualified and certified massage therapist(s). Only a licensed massage therapist.can provide massage services to members of the opposite sex.

.

I, the undersigned, am the owner/president of the business for which this license is requested.I authorize the Building Division and Fire Department to inspect the premises of the businessapplied for and further understand that a false statement on this application may result ineither a denial of this application or subsequent revocation if this license is granted.

NOTE: IF APPLICANT DOES NOT INTEND TO PROVIDE MASSAGE SERVICES,INDICATE BY SIGNING AFTER THE FOLLOWING: "'I DO NOT PLAN TOPROVIDE MASSAGE SERVICES "

Signature

. •

Date .

Applicant's Signatur

Sub y: 'bed an• wo • to before me this

'24t;,1,0 t

.g6i DDate

day of . af^V l^ 20 -bSUSAN E. ANZICEKtin r BLIC - STATE OF MICHIGANotary Public

,

MY OtMmIn on OE plies po ;8 2013AdIN In the CrsNni4t 9f

This application is to be accompanied by a non-refundable license-fee of $200.00 as well as .by plans and specifications of the quarters showing such details as entrances, partitions,windows, openings, ventilation, plumbing fixtures and water supplied.

APPROVALS:

Building Safety Division

Date

Fire Marshal

Date

HEALTH.APP.wpd (Rev. 1/05)

2

Chris SwopeLansing City Clerk

May 20, 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

Board of Ethics

March 9, 2010Board of Police Commissioners

March 15, 2010March 2, 2010February 16, 2010

Economic Development Corporation Board

May 7, 2010LEPFA Board of Commissioners

March 23, 2010

If I, or my staff, can provide further assistance or information relative to the filing of theseminutes, please contact us at 483-4131.

Sincerely,

C)7Chris Swope, Lansing City Clerk

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 ❑ 517-377-0068 FAXwww.lansingmi.gov/clerk ❑ [email protected]

APPROVED MINUTESLANSING CITY BOARD OF ETHICS

REGULAR MEETINGMARCH 9, 2010 - 5:30 P.M.

NINTH FLOOR CITY CLERK'S CONFERENCE ROOM, LANSING CITY HALL

The meeting was called to order at 5:30 P.M. in the Ninth Floor City Clerk's Conference Room,City Hall, Lansing, Michigan.

BOARD MEMBERS PRESENT:

Susan Grettenberger, PhD, ChairpersonRev. John FolkersWes ThorpPenny Gardner, PhDConnie DoyleKirk Hewitt

ABSENT:

Rev. Charles Bicy, Vice-Chairperson

A QUORUM WAS PRESENT

OTHERS PRESENT: John M. Roberts Jr., Chief Deputy City AttorneyKevin Reeves, Chief Deputy City ClerkDon Kulhanek, Deputy City Attorney

Suzanne Elms-Barclay, Robert Gray, Kathi Raffone, Loretta Stanaway, Michael Mercer,Catherine Mercer, Jason Wilkes

APPROVAL OF AGENDA:

Ms. Grettenberger asked that an update on the work of the subcommittee working on changes tothe Ethics Ordinance be added to Unfinished Business.

Moved by Mr. Folkers to accept the addition to Unfinished Business.

MOTION CARRIED

Moved by Ms. Gardner to approve the agenda with update.

MOTION CARRIED

SECRETARY'S REPORT:

Approval of Minutes: Moved by Ms. Gardner to approve theminutes of January 12, 2010 as submitted.

MOTION CARRIED

The Board agreed to allow Public Comments to occur at this point of the meeting because thecitizens who wished to speak went to the Police Department's North Precinct, which is where theBoard will meet starting with its next meeting.

PUBLIC COMMENT:

Suzanne Elms-Barclay of 1628 Lindbergh Dr. read the following letter:

On Election Day, in November 2009, I went up to Mt. Hope School to cast my ballot in the 2nd Wardseat election. When I arrived in the parking lot, I was stunned to find two individuals standing brazenlywithin 100 feet of the polling place wearing "Tina Houghton" mustard colored teeshirts.

I told them that they were within 100 feet of the polling place (a man of about my age, leaning on acane and a woman). I knew that they were definitely violating the Election Law regarding advertisingnear a polling booth (see X mark on photo #1) ;years before Mt. Hope School's traditional Election DayBake Sale was closed down by Clerk James Blair because it was within 100 feet; Blair ruled the sale'smere existence might unduly influence voters. At that time, I (as PTA president) measured a 100 feetradius from the polling booth was.

I told the individuals that they were within 100 feet of the polling place and they said that they believedthat they were beyond that mark.

I then called City Clerk's office and asked to speak directly to Chris Swope. I told him that theseindividuals were violating the Election Law. I asked him to come out to make a note of the situation andto talk to them and he refused to do so.

He suggested that I go speak to the woman in charge of the Mt. Hope voting place. She came out andasked them to leave. Which they did. But who knows who was influenced by them (see my letter to theLSJ).

Furthermore, I heard from other voters in the 2nd Ward, that Tina Houghton's supporters, outfitted intheir walking billboards, were at .a number of the other polling places, within the 100 foot area that theywere not supposed to be in.

My contention is that because 1) the city clerk ignored this violation and 2) Houghton's supporter'sbeing in those area, that the whole election process in the 2nd ward was tainted. And that between thisflagrant violation, the City Clerk's refusal to take action and Tina Houghton's withholding of informationabout her taxes, I'm confident that the 2nd Ward will handily reelect Sandy Allen to her rightful placewith an honest re-election process.

Robert Gray of 422 Dadson Dr. spoke about what he considered was the job of City Clerk Swope tocheck the credentials for candidates for office.

Kathi Raffone of 1221 Muskegon Ave. spoke about her interpretation of ethics and her opinion of theethics. Of Council Member Houghton.

Loretta Stanaway of 546 Armstrong Rd. reiterated the points of her complaint. She stated that thecircuit court did not rule on the merits of the court case. She also stated that her complaint asked theBoard to investigate the possibility of collusion between the Mayor, the City Clerk and the City Attorneyto seat Ms. Houghton on the City Council even though she was allegedly ineligible to hold that office.

Communications and Petitions sent and received since the last meeting:

1. Formal Opinion re: Ethics Board Complaint No. 2009-001 Concerning Tina Houghton -Preliminary Written Analysis/Letter from Loretta Stanaway of 546 Armstrong Rd. requestingan investigation/hearing regarding Tina Houghton's Park Board Appointment and election tothe Lansing City Council

Mr. Roberts and the Board went over the formal opinion to make sure that it was what the Boardintended.

Moved by Mr. Thorp to adopt the formal opinion and send copies of the opinion to Ms. Houghtonand Ms. Stanaway.

MOTION CARRIED

2. Letter from the City Clerk to Suzanne Elms-Barclay re: Her written communication to theBoard of Ethics regarding possible violations of Michigan Election Law by Tina Houghton (withattached documentation)

After a review of the letter, Ms. Grettenberger stated that there is not a specific complaint mentioned inthe letter for the Board to consider.

No action was taken on this item.

3.

Affidavit of Disclosure submitted by Shannon Thielen of the Lansing Police Department

The Board reviewed the Affidavit of Disclosure and found no issues to debate or discuss.

Moved by Ms. Gardner to receive and place on file the Affidavit of Disclosure and send a letterstating no further action needed.

MOTION CARRIED

4.

Affidavit of Disclosure submitted by Noel Garcia, Jr. 'of the Lansing Police Department

The Board reviewed the Affidavit of Disclosure and found no issues to debate or discuss.

Moved by Mr. Folkers to receive and place on file the Affidavit of Disclosure and send a letterstating no further action needed.

. MOTION CARRIED

5.

Affidavit of Disclosure submitted by Angela Sukovich of the Lansing Police Department

The Board reviewed the Affidavit of Disclosure and found no issues to debate or discuss.

Moved by Ms. Gardner to receive and place on file the Affidavit of Disclosure and send a letterstating no further action needed.

MOTION CARRIED

6.

Affidavit of Disclosure submitted by Chief Deputy City Attorney John M. Roberts, Jr.

Mr. Roberts gave detailed information regarding his advisory role on employee retirementincentives that could appear as a conflict of interest.

After a lengthy discussion, the. Board reviewed the Affidavit of Disclosure and found no furtherissues to debate or discuss.

Moved by Ms. Gardner to receive and place on file the Affidavit of Disclosure and send a letterstating no further action needed.

MOTION CARRIED

7.

Letter of Resignation from the Board of Ethics submitted by Edwar Zeineh

Moved by Mr. Folkers to accept the Letter of Resignation with regrets.

MOTION CARRIED

CITY ATTORNEY'S REPORT:

Mr. Roberts stated that he received a Freedom of Information Act request for the applicationssubmitted by Board of Ethics members to serve on the board. He also stated that the PoliceDepartment has been provided with the supplemental information page from the Statement of

Financial Interests to be included with Affidavits of Disclosure.

CHAIR'S REPORT:

Ms. Grettenberger gave her time to Board members.

Mr. Hewitt asked that City Clerk Swope appear at the next Board of Ethics meeting and explainthe process for vetting board appointments and candidates applying for elected offices.

TABLED ITEMS:

UNFINISHED BUSINESS:

1.

Statement of Financial Interests submitted by 4th Ward Council Member Jessica Yorko (withadditional information received)

The Board discussed the Statement of Financial Interests and addressed concerns regardingsituations in which Ms. Yorko should recuse herself.

Moved by Mr. Thorp to receive and place on file the Statement of Financial Interests and sendMs. Yorko a letter similar to the one previously sent to Council Member Dunbar regardingsituations in which she should recuse herself.

Ms. Grettenberger asked that the Board approve the letter before sending it out.

MOTION CARRIED

2.

Revision of the Affidavit of Disclosure

No action has taken place on this item.

3.

New location for the Board of Ethics: Lansing Police Department North Precinct

The board discussed moving its meetings from City Hall due to the future lack of security staffingand approved moving its meetings to the Lansing Police Department North Precinct.

4.

Update from the subcommittee working on changes to the Ethics Ordinance

Ms. Grettenberger spoke about proposed changes to the Ethics Ordinance.

ADJOURNED 7:20 P.M.

BOARD OF POLICE COMMISSIONERS Lul MAY -5MEETING MINUTES

MONDAY, MARCH 15, 2010

I L

MEMBERS PRESENT:Commissioner Linda SimsCommissioner Bill RenfrewCommissioner Clyde CarnegieCommissioner Jan KolpCommissioner Sandra Kowalk-Thompson

MEMBERS EXCUSEDCommissioner Maria MejoradoCommissioner Patty FarhatCommissioner Bob Noordhoek

OTHERS PRESENT:Chief Teresa SzymanskiMichael Mathis, Legal AdvisorJim DeLine, Secretary

MEMBERS OF THE PUBLIC I GUESTS:None

0

CALL TO ORDER - Commissioner Sims

After the establishment of a quorum, Commissioner Sims called the meeting to order at 4:01 p.m.Commissioner Sandra Kowalk-Thompson led those present in the Pledge of Allegiance.

PUBLIC COMMENT - Agenda Items

ADDITIONS TO THE AGENDA

REPORT OF BUDGET COMMITTEE

Commissioner Carnegie explained that the budget books distributed to Board members were a result ofinput from sections as well as command. It is inclusive of "wishes" with a nod to current budgetconstraints. He noted that the primary charge to the Department of maintaining public safety is core tothe budget and is assured no matter what cuts may be necessary as the budget is passed from the Boardto the Mayor to Council.

Commissioner Carnegie also noted that 1) the general fund budget does not include grant projects and 2)the resource allocation study soon to be conducted at LPD may result in personnel changes in fiscal year2011 which cannot be predicted at this time so are not reflected in the budget proposal.

The Board considered the Department's budget document section-by-section with Chief Szymanski andJim DeLine answering questions or promising to contact the section's author for a response in caseswhere the answers were not readily available.

The board passed the motion below with four voting in favor and one abstention."The Budget Committee moves the acceptance of the Lansing Police Department's FY 2011

budget proposal as presented and direct that it be forwarded to Mayor Bernero for hisconsideration. We further voice our support of Interim Chief Szymanski and her staff indiscussions with the Mayor as a final proposal is prepared for presentation to the City Council.We are confident they will ensure the integrity of the Department and its mission at whatever

funding level is ultimately deemed appropriate."

None.

None.

Board of Police CommissionersMeeting Minutes of March 15, 2010Page 2

After a break, Commissioner Carnegie distributed a document prepared by LPD administration with inputfrom the Budget Committee that delineated 38 different programs inherent to LPD with suggestions foreach should budget cuts be necessary to that particular program, The programs were listed in order bypriority with the patrol function being number one.

Chief Szymanski remarked that each ahd every cut noted in the document would be "painful" to do.Board members requested to be kept informed as to cuts which are decided upon as the Mayor preparesfor a presentation to City Council.

PUBLIC COMMENT

OTHER BUSINESS I DISCUSSION

Commissioner Sims requested that Michael Mathis research whether the Board was under rules /guidelines as to attendance requirements, to check the City Charter for "any language" that may apply tothe Board. Mr. Mathis agreed to do so.

Commissioner Kowalk-Thompson noted that, given the Board's two recent special meetings, the regularmeeting of March 23 could likely be canceled. Commissioner Sims agreed noting that it would give staffa break as well. It was moved and passed that the March 23 meeting of the Board of PoliceCommissioners be canceled.

Chief Szymanski announced the promotions of Michael Yankowski to the position of Captain (assigned tothe South Precinct) and Daryl Green to the position of Lieutenant (assigned to Internal Affairs).

COMMISSIONER COMMENTS

Commissioner Kowalk-Thompson - had no further comments.

Commissioner Kolp - had no further comments.

Commissioner Renfrew - expressed his appreciation to Chief Szymanski for her input tonight. He felt shewas "in the hot seat" and is doing a good job.

Commissioner Carnegie - expressed his appreciation to Budget Control Supervisor Jim DeLine andnoted that, with Jim's longevity within the Department, the continuity is very helpful.

Commissioner Sims - expressed her appreciation to all those in the Department who contributed to thebudget proposal preparation.

ADJOURNMENT - Commissioner Sims

There being no other agenda items, Commissioner Sims adjourned the meeting at 5:47 p.m.

None

RECEIVEDBOARD OF POLICE COMMISSIONERS ?

' -- 5 PM [g4 14 1MEETING MINUTES

TUESDAY, MARCH 02, LANSING2010 CITY CLERK

MEMBERS PRESENT:Commissioner Linda SimsCommissioner Bob NoordhoekCommissioner Bill RenfrewCommissioner Jan KolpCommissioner Sandra Kowalk-Thompson

MEMBERS PRESENT VIA PHONECommissioner Maria MejoradoCommissioner Patty Farhat

MEMBERS EXCUSED:' Commissioner Clyde Carnegie

OTHERS PRESENT:Mayor Virg BerneroChief Mark AlleyRandy Hannan, Deputy Chief of StaffMichael Mathis, Legal AdvisorJim DeLine, Secretary

MEMBERS OF THE PUBLIC I GUESTS:Reporters and Camera operators - one eachfrom WLNS and WILX

CALL TO ORDER - Commissioner Sims

After the establishment of a quorum, Commissioner Sims called the meeting to order at 5:11 p.m.

PUBLIC COMMENT - Agenda Items

None.

ADDITIONS TO THE AGENDA

Commissioner Sims added an announcement from Mayor Bernero to the agenda to occur as soon as JimDeLine arranges Commissioners Mejorado and Farhat to join via speakerphone.

ANNOUNCEMENT FROM MAYOR

Mayor Virg Bernero commended Chief Alley for his contributions to both the Department and to the Cityand wished him the best in his retirement. He noted that he had gotten input from several sources, andthat the Department was `blessed" to have quality leadership and a good staff from which to select aninterim chief. He then announced that Capt. Teresa Szymanski was being appointed to the position ofinterim Chief of. Police. She has both breadth and depth of experience. He distributed a letter to theBoard affirming his appointment and said that he looked forward to working with the Board as the processto determine the selection of a new permanent Chief of Police is established. He hopes to have acandidate for the position.by the end of the calendar year.

Newly appointed Chief Szymanski thanked the Mayor. She said that she is looking forward to thechallenge and that she is up to the challenge of leading the Department in the months ahead. Sheexpressed her appreciation to Chief Alley for his leadership. Commissioner Sims expressed herappreciation to the Mayor for moving the Department forward by making this important decision at thistime.

ADMINISTRATIVE REPORT - Chief Alley

Board of Police CommissionersMeeting Minutes of March 02, 2010Page 2

After a break, Chief Alley gave a summary of the events which led to him being offered the position withEmergent Biosolutions and discussed what the position would entail. "LPD is a difficult place to leave,"he declared.

He then discussed many of the projects currently underway at the Department including the precinctconsolidation study, the staffing (resource allocation) study, the 911 consolidation, budget constraints,review of policies and procedures addressing high risk areas as well as the use of force review which iscurrently underway. He assured the Board that incoming Chief Teresa Szymanski would do a good job atmaking sure all of these initiatives would move forward.

Chief Alley expressed to the Board that it has been a pleasure and honor to serve the Lansing PoliceDepartment. If needed, he is available to consult but will not "meddle" reference any LPD related matters.

COMMISSIONER COMMENTS

Commissioner Mejorado - expressed her appreciation to Chief Alley for his years of service. Lansing hasbeen fortunate to have him as our Chief of Police. We will miss you and wish you the best in your newventure. She noted that she is expected to be back in Michigan on March 22 or 23.

Commissioner Farhat - recalled the appointment of Chief Alley ten years ago. He has been a wonderfulleader. Everyone has benefited from his leadership. Now, as we move forward, it is worth noting thatChief Szymanski will be the first woman to hold this position. Congratulations to her.

Commissioner Kolp - told Chief Alley, "We hate to see you go." She wished him the best and noted thathe will surely be successful in his exciting new position. Congratulations to incoming Chief Szymanski.

Commissioner Noordhoek - expressed his appreciation to Chief Alley for his leadership. He has done agreat job and will be missed. We were lucky to have you as, our Chief. Welcome to new ChiefSzymanski. We know you are up to the task and look forward to working with you.

Commissioner Kowalk-Thompson - echoed the comments given by the prior speakers. Chief Alley isleaving the Police Department in a better condition than when he started. Congratulations to ChiefSzymanski, whose quiet leadership has earned her the respect of the Board and also the frontline officer.Commissioner Kowalk-Thompson noted that it shows respect for the Board that the Mayor chose theirmeeting as a forum for the announcement of the appointment of Chief Szymanski.

Commissioner Renfrew - noted that he has worked for several Chiefs of Police and particularly admiresChief Alley for his foresight and initiative in developing the HOPE scholarship program. Please keepinvolved in that program. Commissioner Renfrew recalled his good working relationship with Capt.Clarisse Young, a former female pioneer at LPD. He is looking forward to working with Chief Szymanskias well.

Commissioner Sims - noted that Chief Alley served to put the Lansing Police Department on the "nationalmap." While his retirement announcement was a shock, she is very happy for him. She is very proudthat Chief Szymanski was chosen as interim Chief. Chief Szymanski will have much to do, but she will doa fine job. Commissioner Sims was appreciative that Commissioners Mejorado and Farhat were able tojoin this meeting via telephone. She reminded everyone of the retirement reception for Chief Alley onMarch 11 and of the next Board meeting on March 23.

OTHER BUSINESS / DISCUSSION

Commissioner Sims promised to send a copy of the Mayor's letter to those Board members attending themeeting via phone and to Commissioner Carnegie.

Board of Police CommissionersMeeting Minutes of March 02, 2010Page 3

Incoming Chief Teresa Szymanski noted that she has worked with the Board for several years and feelsthat the "comfort level" is high in that working relationship. She alerted the Board that she does plan onleaning on them from time to time and they should feel free to call her or stop by her office as needed.

PUBLIC COMMENT

None

ADJOURNMENT - Commissioner Sims

There being no other agenda items, Commissioner Sims adjourned the meeting at 6:00 p.m.

BOARD OF POLICE COMMISSIONERSMEETING MINUTES

TUESDAY, FEBRUARY 16, 2010Z M Y -5 PI ?: 1

n n,r'M.6.1"t f°S ' Yv1° F fit':

MEMBERS PRESENT:Commissioner Bob NoordhoekCommissioner Patty FarhatCommissioner Bill RenfrewCommissioner Clyde CarnegieCommissioner Jan KolpCommissioner Sandra Kowalk-Thompson

MEMBERS EXCUSEDCommissioner Maria MejoradoCommissioner Linda Sims

OTHERS PRESENT:Chief Mark AlleyJerry Ambrose, Chief of Staff / Director of

FinanceMichael Mathis, Legal AdvisorJim DeLine, SecretaryBernard Brantley, Commission Investigator

MEMBERS OF THE PUBLIC / GUESTS:None

CALL TO ORDER - Commissioner Noordhoek

After the establishment of a quorum, Commissioner Noordhoek called the meeting to order at 5:30 p.m.Commissioner Carnegie led those present in the Pledge of Allegiance.

PUBLIC COMMENT - Agenda Items

None.

ADDITIONS TO THE AGENDA

None.

APPROVAL OF MINUTES - Commissioner Noordhoek

The minutes of January 19 were approved as presented and placed on file.

ADMINISTRATIVE REPORT - Chief Alley

Chief Alley expressed his appreciation to Board members who attended the reception for newly hiredofficers and to Commissioner Kolp particularly for her organization. It was a great event. He alsoupdated the Board on the precinct consolidation study. The firm of c2ae has been chosen to conduct thestudy and a meeting of the committee will occur tomorrow.

He reported on the State of-the City address noting that it went well in its location (Southside CommunityCenter at Harry Hill High School) and he noted Commissioner Sims' attendance at the event. In anupdate of the Lansing Promise scholarship program, he reported that Chris Hollister will be managingfundraisers with the goal of $4 million.

The Chief reported on being interviewed by a law student from Korea and on the recent commemorativeparty held in memory of Ruth Hallman. Donations from the event will be handed over to LPD for usetoward team / community problem-solving activities.

Board of Police CommissionersMeeting Minutes of February 16, 2010Page 2

Chief Alley announced the review of the Department's "use of force" procedure in response to a requestfrom Sgt. Southworth. In discussing the need for an update with Atty. David Otis, Mr. Otis was able torefer the matter to Audrey Forbush who agreed to assist. A new procedure is expected to be moreconcise. Commissioner Kolp requested that the Board be updated as this initiative proceeds. The Chiefsuggested that, at the appropriate time, it would behoove us to have Sgt. Southworth as our educationpresentation.

He announced the completion of an interview with the Lansing State Journal regarding regionalism. Let'shope when it is published, it comes out well. Speaking of the Lansing State Journal, its Executive Editor,Mickey Hirten, has requested access to a feed from LPD surveillance cameras in order to offer a live feedfrom them on the LSJ web site. The Department is adhering to its position that the public not haveaccess to live feeds due to concerns that a live feed could be useful to both child predators and to thieveslooking to determine the daily patterns of potential victims. The State Journal does not agree with thatstance and may take action to further pursue its position.

The Chief also notified the Board of a recent interview with an MSU professor as part of a national look atlaw enforcement staffing levels. A local examination of appropriate staffing levels is scheduled to beconducted by Alexander Weiss.

Chief Alley informed the Board that he attended the LCC State of the College address and also thatnegotiations with the Fraternal Order of Police are moving along.

In answer to questions from the Board, the Chief informed them that, even with twelve-hour shifts, officersoften require end-of-shift overtime. Every one of the overtime slips is reviewed by command as someovertime is controllable and some is not.

EDUCATION PRESENTATION

Jerry Ambrose, Chief of Staff and Director of Finance, spoke to the Board in reference to the City'sbudget. As the administration prepares to present a proposal to City Council for fiscal year 2011, therewill be many rumors as to what that proposal will contain. He warned that, up until the proposal ispresented, the rumors are just that. While a myriad of potential options are being explored, none havebeen decided upon.

The fiscal problem is a result of lower revenues (property taxes and State revenue sharing) and higherexpenses (personnel, utilities, etc.). The gap between projected revenues and projected expenses in thenext fiscal year is estimated to be $12 million if no changes are proposed. This equates to approximately11.5%, and 11.5% of the police budget is $3.9 million. Though public safety continues to be of thehighest priority, it has been held relatively exempt from budget cuts in the past. In fiscal year 2011, thechanges coming to public safety will be significant. The City, however, will continue to provide basicservices. Law enforcement and fire calls for service will be answered, roads will be plowed, trash will bepicked up and the basic maintenance of our parks will be continued. Mr. Abrose commented to the Boardthat there are no plans to raise taxes or dip into reserves.

In answer to questions form the Board, Mr. Abrose noted that the recycling program is running at a lowercost than in the past and the garbage collection program breaks even. He noted that the financialproblem is not a "one year dip" but a structural problem. Even an increase in taxes would not make asignificant long term impact. An increase of the income tax rate to non-residents is not possible withoutlegislation. On a positive note, the Teamster 580 bargaining units recently agreed to a contract whichdelays retirement healthcare to those with twenty-five years of service rather than fifteen which is thestandard for those presently in the employ of the City.

HUMAN RELATIONS AND COMMUNITY SERVICES LIAISON

Board of Police CommissionersMeeting Minutes of February 16, 2010Page 3

Bernard Brantley reported for Dr. Jackson Johnson, who is recovering from surgery. He reported that theone church / one family initiative should unveil its first home project by the end of the month. He alsoreported that the "point in time" homeless count has concluded and, with the adjustment for a problemwith the count at a library, the number is up from last year to approximately 612 in the Lansing area. Themobile food pantry is scheduled for this Saturday at the Cristo Rey Church on Miller Road. With thewithdrawal of Meijer from the program, produce has been somewhat scarce. Meat items, however, are ingood supply. In response to a question from Commissioner Farhat, Mr. Brantley noted that ID cards arerequired and that food is available from varied sources on non-Food Pantry days. A list of sites is readilyavailable.

FRATERNAL ORDER OF POLICE

No representative present.

UNFINISHED BUSINESS - Commissioner Noordhoek

None.

CORRESPONDENCE - Commissioner Noordhoek

Correspondence for the month of January was accepted and placed on file.

DEPARTMENTAL REPORTS

Commissioner Farhat noted the Team 9 report (p. 26). Be sure to keep doors locked and reportsuspicious activity in your neighborhood. Departmental reports for the month of January were acceptedand placed on file.

BOARD COMMITTEE REPORTS

Liaison Committee - Commissioner Kowalk-Thompson reported her attendance at the State of the Cityaddress and her plans to attend tomorrow's meeting of the consolidation committee. She will report onthat meeting next month.

Awards & Incentives Committee - Commissioner Noordhoek reported that the committee had a goodmeeting and he is impressed at how the officers take the award process seriously. The awards that getbestowed will truly be for exemplary actions and not for actions which, while noteworthy are "just doingyour job." The next committee meeting is scheduled for April.

Budget Committee - Commissioner Carnegie reported that the committee has been meeting in earnestand has reviewed documents wherein the Department management has prioritized programs andsuggested possible cuts. He emphasized that "there will be cuts." The traditional budget books will bedistributed prior to the March meeting, at which time a resolution will be passed forwarding the budgetdocument to the Mayor. Any proposed programmatic cuts will be formulated 'as an addendum to thebudget book. Michael Mathis noted that the Board needs to be mindful that its meetings are open to thepublic and the Board may not wish to inadvertently disclose something which otherwise would or shouldbe disclosed at a later time.

Complaint Committee -- Commissioner Farhat reported that the committee's January meeting was veryproductive and that things are "rolling along."

Commission Investigator Report - Bernard Brantley had nothing additional to report.

OTHER REPORTS

Board of Police CommissionersMeeting Minutes of February 16, 2010Page 4

Recruitment Task Force - no report.

Precinct Consolidation Steering Committee - no report.

COMMISSIONER COMMENTS

Commissioner Renfrew - expressed his appreciation to Chief Alley for his continuing support of theSunday communion sessions held at the LPD lock-up. His goal is that the participants not be repeatoffenders whom he sees in the lock-up again. Commissioner Renfrew also noted that he has budgetreduction suggestions that will be introduced at the appropriate time.

Commissioner Kowalk-Thompson - appreciates the Monday quotes from Chief Alley. She is alsothankful for e-mail updates received from Patty Farhat and Michelle Reddish. She reiterated that shecontinues to be astounded at the Department's ability to solve crimes quickly. Great job by the frontlineofficers and detectives.

Commissioner Kolp - asked Mr. Brantley to pass along her best wishes to Dr. Jackson Johnson. Shealso noted how impressed she is with our newly hired officers. They are "very sharp and articulate withpositive attitudes."

Commissioner Carnegie - expressed pleasure in seeing Commissioner Kolp present given her recentsurgery. He commended her for her work and leadership on the "New Hire" reception. It was a greatevent with a wonderful program. It is good to see the excitement and anticipation displayed by the newofficers. He is certain that they were appreciative of the reception. He also noted that he is impressedwith the officers who attend neighborhood meetings. They seem to be very comfortable in doing so andthat is a trait which clearly develops from the top down in an organization.

Commissioner Noordhoek - expressed his appreciation to Commissioner Kolp and the advisory board forthe successful reception. It was a "great event." He also commented positively on the presentation byMr. Abrose. His frankness was greatly appreciated.

Commissioner Farhat - suggested that, assuming we are going to be granted use of the City suite againthis year for a Lugnuts game, we make a request early and attempt to, once again, have the outingcoordinated with our monthly meeting. Jim DeLine will coordinate with the Mayor's office. She also notedthat the Ruth Hallman birthday event was well done and it was good to see LPD people there supportingthe event. Finally, Commissioner Farhat echoed others in their commending Commissioner Kolp for a jobwell done in sponsoring the New Hire reception. It was wise to work with the officers in advance to easetheir comfort level and help them prepare.

OTHER BUSINESS I DISCUSSION

PUBLIC COMMENT

ADJOURNMENT - Commissioner Noordhoek

None.

None

There being no other agenda items, Commissioner Noordhoek adjourned the meeting at 6:57 p.m.

Lansing Economic Development CorporationRegular Board of Director's Meeting Minutes

Lansing Economic Development Corporation Conference RoomFriday, May 7, 2010

7:45 a.m.

Members Present: Kim Coleman, Bo Garcia, Brian Jeffries, Bob Johnson,Calvin Jones, Kelly Rossman-McKinney, Greg Ward, Jeff SWilliarnsKelly Rossman-McKinney, Greg Ward

Members Absent: Mayor Bernero, James Butler,Staff Present:

Andrea Ragan, Marchelle Smith, Ken Szymusiak, Bob TreeGuests:

NonePublic Present:

NoneCb --r -

r:,.)Call to Order

crt t

Chair Bo Garcia called the meeting to order at 7:45 a.m.

Approval of Meeting Minutes from . April 16, 2010 Special Board Meeting

Motion: Kelly Rossman-McKinney moved the Board to approve the meeting minutesfrom the April 16, 2010 special Board of Director's meeting and place themon file. Motion seconded by Greg Ward.

Yeas:

Unanimous. Motion carried.

Financial Statements March 31, 2010

Motion:

Greg Ward moved the Board to receive the March 31, 2010 financialstatements and place them on file. Motion seconded by Kim Coleman.

Yeas:

Unanimous. Motion carried.

Business Finance Assistance Loan Program Guideline RevisionsAn old version and revised version of the Business Finance Assistance Loan ProgramGuidelines were provided to the Board. Marchelle - gave an overview on the loanconsiderations. The Board recommended that staff provide a side-by-side comparison.list of old versus new changes at the next board meeting.

Downtown Incubator/Urban Development Action Grant (UDAG) Loan Policy-Bob Trezise reported that only three loans have been made during his time at the LEDCand asked if the Board would consider using UDAG funds for a broader economicimpact. He recommended using a portion of funds towards build , out and lease space atthe Knapp's building for a business incubator. Bob has been,engaged with Jeff Smithfrom East Lansing's successful Technology Information Center (TIC). The demand forincubator space is greater than the supply. It was suggested that the Lansing businessincubator be the place to graduate from the TIC as businesses grow to their secondstage or perhaps provide an incentive to attract successful businesses to locatedowntown. The Board recommended that we schedule a time in the next couple weeksfor the Board to tour the Technology Infoiination Center. It was further recommendedthat we hold a 2 - 3 hour Board meeting to tour the Knapps building and to brainstorm

on how to better utilize the UDAG funds that will have the most economic impact. Bobsuggested that Tom Donaldson from the Small Business Technology & DevelopmentCenter (SBTDC) be invited to join us.

LEDC Loan CommitteeThe LEDC has begun receiving loan inquiries from riskier start-up businesses. BobTrezise recommended that we create a loan committee to comprise of a couple Boardmembers, Tom Donaldson, SBTDC and others with strong lending practices to assist uswith our due diligence. The Board agreed this was a great idea.

Knapp's Center Project UpdateThe Board was provided a FAQ's sheet handout on the Knapp's Center developmentincentives. Bob Trezise reported we are in continuous dialogue with the Eydes and areworking on a Memorandum of Understanding and then a further detailed DevelopmentAgreement. The project is mixed use with residential on the top floor with a claw-back.Assuming finance is approved this fall, construction could begin in spring 2011 withcompletion in 18 months.

Other BusinessBob reported that Kris Elliott has proceeded with build out of the former Troppolocation for a new cafe restaurant which is a cross between Panara's and JohnnyRocket. The first original loan is due in full August 2010 as agreed when making thesecondary loan on the new Troppo location. Kris has requested us to considerforbearing payment until January 2011. The Board recommended that we prepare awritten option for formal vote in June.

The Lansing Brownfield Redevelopment Authority was awarded a $400,000Environmental Protection Agency grant.

Historically, the Arts & Culture program funds have flowed through the City ofLansing's Human Relations Department. Because Arts & Culture play a significant rolein creating sense of place and economic development, the LEDC has budgeted for thefunds to pass through the LEDC.

Marchelle reported that both the TIFA and BTS local accounts have such smallamounts that service charges are exceeding the interest earnings. She advised that theTIFA local account funds be transferred to the TIFA investment account and that thebalance of the BTS local account be applied to the BTS bond debt payable. A requestfor approval will be made at the June Board meeting.

Public CommentNone

AdjournmentChair, Bo Garcia declared the meeting adjourned at 9:20 a.m.

Motion:

A quorum was not present to mae a motion.

Minutes by M. Smith

LANSING ENTERTAINMENT AND PUBLIC FACILITIES AUTHORITYBOARD OF COMMISSIONERS :MEETING

MARCH 23, 2010MINUTES

At 8:03 a.m. Chairman James W. Butler III called the meeting to order in the Governor's Room of theLansing Center; 333 E. Michigan Avenue, Lansing, Michigan 48933.

COMMISSIONERS PRESENT: James W. Butler III, John Decker, Tim Haggart, Charles Janssen,Ellen Jeffries, Charlotte Sinadinos and Bob Johnson (Ex-Officio).

rIII. ESTABLISHMENTOFTHEAGENDA: There were no changes to the agenda. .

IV. PUBLICCOMMENT: Mason Argue, of Cage Master Promotions, introduced himself asa promoter for MMA events in Traverse City, Michigan. Mr. Mason stated that he has beenin contact with the Lansing Center Sales Department to bring his business to the Lansing Center.The purpose of his attendance at this meeting is to get an understanding as to why he has not hadany success in securing a contract at the Lansing Center, as recommended by council memberCarol Wood.

Scott Keith explained to Mr. Mason that our policy terms for MMA events is to include a non-compete clause in the existing contract with our current MMA promoter. Scott further explainedwhat a non-compete clause means and why it is not possible to have two MMA promoters atthe same time, utilizing the Lansing Center for their events.

Chairman Butler asked Mr. Argue if his questions were answered to his satisfaction and Mr.Argue stated that at this time, he has the answers he needs. Mr. Argue asked if it would bepossible to meet with the Sales Department today to further explore his options. Shari Bergerresponded that after this Board meeting, she and Kent Lenzen would be able to meet with him.

V. APPROVALOFTHE MINUTESFORFEBRUARY23,2010: A motion was made toaccept the minutes as published. MOTION: Commissioner Janssen. SECOND: CommissionerHaggart. Motion carried.

VI. REPORTS:

A. CHAIRMAN'SREPORT: Chairman Butler reported that he, Scott andCommissioner Janssen have had several meetings over the last few weeks regarding

COMMISSIONERS EXCUSED: Cindy Bowen, Charles Mickens and Gerald Ambrose (Ex-Officio).

t-b

OTHERS PRESENT: Scott Keith, Greg Soleau, Shari Berger, Heidi Brown, Bill Grove, 4TnstynWright, Kent Lenzen, Shelly Busse - Lansing Entertainment & Public Facilities Authority.Dirk. mSpillemaeckers - AMTA; Jessica Yorko - Lansing City Council; Dave Robinson, Andy Kigatric,Elaine Kellicut - City of Lansing Parking Department; Mason Argue and Kolmarge Harris -CageMaster Promotions.

rC

LEPFA Board of Commissioners MeetingPage 2March 23, 2010

the City Market and the progress that has been made since the opening in January.

Chairman Butler stated that that are some things that still need to be done; however,these are things that are not within our control. He stated that we are on target withthe things that we needed to have completed and that Scott and Commissioner Janssenare both working hard with officials to get the few remaining items completed.Chairman Butler asked Scott how the restaurant is progressing. Scott explained thatthere were some errors on the paperwork that the restaurant submitted and these errorsneed to be corrected before they can move forward.

B. SECRETARY/TREASURER'S REPORT:

1. Monthly Financial Statements for the Period Ending February 28, 2010:Finance Committee Chairman Charlotte Sinadinos reviewed the FinancialStatements as follows:

a. Lansing City Market: Total Operating Revenue for the current period is$5,336 compared to the prior year's current period amount of $3,274. Year-to-date Total Operating Revenue is $700 more than last year's amount.

It was noted that Maintenance of Facilities (amount) is high due to additionalcosts incurred moving the City Market to its new location.

Excess Revenues Over Expenses for the current period are at a loss of ($21,451);and year-to-date are at a loss of ($50,687).

Balance Sheet: Unreserved Equity year-to-date is $138,422 compared to theprior year's amount of $183,284.

Budget vs. Actual: Total Operating Revenue for the current period is ($6,464)less than budget. Total Operating Expenses are $32,492 more than the budgetedamount. Excess Revenues Over Expenses are ($38,858) behind budget.

b. Cooley Stadium: Total Operating Expenses for the current period are high dueto $18,350 in Miscellaneous Expenses. Year-to-date event income is a loss of($768).

Balance Sheet: Unreserved Equity for the current year is $80,436 compared tothe prior year's amount of $87,820.

Budget vs. Actual: Excess Revenues Over Expenses are $28,878 ahead ofbudget.

LEPFA Board of Commissioners MeetingPage 3March 23, 2010

c. Lansing Center: Total Operating Revenue for the current period is$412,948 compared to the prior year's amount of $601,150. Total Opera-ing Revenue year-to-date is $2,750,000 compared to the prior year'samount of $2,858,000. Total Operating Expenses for the current periodare $423,011 compared to the prior year's amount of $511,004. TotalOperating Expenses year-to-date are $3,371,740 compared to the prioryear's amount of $3,717,281. Excess Revenues Over Expenses for thecurrent period are $177,432; and year-to-date are $13,945; which isa loss of ($236,446).

Balance Sheet: Unearned Revenue-Advance Rent year-to-date is$293,368 compared to the prior year's amount of $378,081. UnreservedEquity for the current period is $340,683 compared to the prior year'samount of $130,363.

Budget vs. Actual: Total Operating Revenue year-to-date is $44,444ahead of budget. Total Operating Expenses year-to-date are $276,339ahead of budget. Excess Revenues Over Expenses year-to-date are$372,487 ahead of budget.

Finance Committee Chairman Charlotte Sinadinos moved that the monthlyfinancials for the Lansing City Market, Cooley Stadium and the LansingCenter for the period ending February 28, 2010 be received as publishedand further that the monthly expenses for each entity be approved.SECOND: Commissioner Haggart. Motion was unanimously approved.

Resolution:Finance Committee Chairman Charlotte Sinadinos stated thatthe Finance Committee has reviewed and approved the Chili Cook-OffLiquor License Resolution as distributed, and moved that it be approvedby the Board. MOTION: Commissioner Janssen. SECOND: CommissionerHaggart. Motion unanimously approved.

C. PRESIDENT&CEO'S REPORT: Scott Keith reported the following:

1. Introduction: Scott recognized Kent Lenzen, Director of Sales as beingpresent and asked him to introduce himself to the Board. Kent Lenzenintroduced himself and gave a brief background of himself.

2. Naming Rights: Scott reported that Jackson National Life has acquirednaming rights to the field at Cooley Stadium. Scott stated that the detailsof this deal have not been disclosed. Scott reported that Jackson NationalLife's logo will be placed in the on-deck circles, on the field and that theywill have a suite at the stadium.

LEPFA Board of Commissioners MeetingPage 4March 23, 2010

Scott reported that the signage for the stadium will be up soon. Scottreminded all present that opening day is March 31, 2010 and that theCross Town Showdown is scheduled for April 7, 2010. Scott reportedthat the suite has been reserved for the Board members for this event.

3. Awards: Scott reported that the Lansing Center has been selected as afinalist again this year for the "Best Of' award by Michigan Meetingsand Eventsmagazine. Scott also reported that the Tri-County Comm-ission on Waste Reduction has recognized the Lansing Center for itsrecycling efforts.

4. Newspaper Article: Scott discussed an article in the Lansing StateJournalthat reported on the parking challenges at the City Market.

5. GLBM Luncheon: Scott reported that he attended this luncheon andthe annual business survey was reviewed. The survey consists ofinformation about the business climate in the state and the data andresearch involved in putting the survey together. Scott reported thatthere was encouraging news in the survey.

6. CVB Annual Report Board Meeting: Scott attended this board meetingand went on a tour of the downtown area on a Dean Transportation"wrapped" bus. Shari Berger explained what the tour consisted of andhow the "wrapped" bus came to fruition.

7. Lansing City Market: Scott reported that the horizontal banners have beeninstalled at the Market. Scott stated that the signage for the Market shouldbe in next week and that the exterior signage for the Market has beenordered and should be installed next week. Scott reminded the Board thatthe Grand Opening for the Market is scheduled for April 24, 2010.

8. Vice-President of Operations: Scott reported that he is in the process ofscheduling interviews for the open position. 'Scott stated that he, Heidi,Bill and Commissioner Bowen will be on the interview committee.

9. Vice-Presidents Report:a. Finance Department: Greg reported that he has hired an Accounting Manager;

her name is Jennifer McFatridge and her first day will be on Monday,March 29, 2010.

b. Operations Department: No report.

LEPFA Board of Commissioners MeetingPage 5March 23, 2010

c. Sales Department: Shari reviewed the Sales Executive Summary report;noting the addition of columns that show where the sales focus is.

Shari stated that she and the Sales team are very excited about the additionof Kent Lenzen to the Sales Department.

Scott commented of the February Rental Revenue percentage; noting thatevery weekend during the month of February, there was a public show;usually there are only two.

d. Food & Beverage Department: Bill noted that Food & Beverage numbersare down for the month of February due to the public shows that were inthe building and the Chamber business using a different venue this year.Bill stated that the numbers will be better in March. Bill reported on therecycling efforts of his department and that the trash removal costs arehalf of what they used to be due to the recycling efforts. Bill discussed atrade that he and the Chef are working on with MSU which will utilizeour "useable" trash in exchange for organically grown vegetables. Billreported that the Banquet Supervisor's position has been filled; NancyDiaz started her new position last Monday.

h. Administration Department: Heidi reported that the Food & Beveragenegotiations are underway. Heidi has reviewed the organizational chartand has passed it on to the Personnel Committee for review. Heidireported that the Supervisor Training/Webinars will start soon and thatthere will be some revisions to the handbooks.

D. PERSONNEL COMMITTEE: Commissioner Haggart reported that he andChairman Butler have met with Scott and are close to a contract agreement forScott; and they will meet again soon.

Chairman Butler thanked Commissioner Haggart for his efforts throughout thesearch for a President/CEO.

*Councilwoman Jessica Yorko entered the meeting at 8:45 a.m.

E. LONG RANGEPLANNINGCOMMITTEE: Commissioner Janssen reportedthat he, Chairman Butler and Scott met yesterday and created a list for the remainingitems that need to be completed prior to the Grand Opening for the City Market.

Commissioner Janssen stated that plans need to be in place for long-term planning forLEPFA now and not just the City Market. He recommended that a task list bedeveloped and reviewed by the Long Range Planning Committee.

LEPFA Board of Commissioners MeetingPage 6March 23, 2010

Chairman Butler thanked Commissioner Janssen for his tireless efforts and work onbehalf of the City Market.

F. PAR ENG PRESENTATION: Bob Johnson (Ex-Officio) introduced DaveRobinson, Andy Kilpatrick and Elaine Kellicut as part of the City's ParkingDepartment. Bob explained that he and his team were here to explain the parkingopportunities and challenges that the City & Lansing Center have.

Bob reviewed the availability of parking in the downtown area; specifically thosethat are close to the Lansing Center. He discussed the walking perception that someindividuals may have and how close some parking availability actually is to theLansing Center. He also reviewed parking options that could be made availablein the future and asked the Board for creative cost structure ideas.

*Commissioner Haggart exited the meeting at 9:15 a.m.

A discussion was held regarding different parking options, ideas and better ways tohandle parking for the City Market. Chairman Butler asked that Scott form a focusgroup that would include members of the Board, City parking officials and LEPFAstaff; and ask that each individual bring along one citizen to include in the focusgroup to discuss the parking opportunities. The next parking meeting is scheduledfor this Friday, March 26th at 9:00 a.m.

VII. COMMISSIONERS&STAFF COMMENTS:

A. Greg Soleau: No comment.B. Commissioner Sinadinos: Commissioner Sinadinos congratulated Kent Lenzen on

his employment with LEPFA; she stated that he worked at The Knight Cap while hewas in college.

C. Councilwoman Yorko: No comment.D. Tristyn Wright: No comment.E. Bob Johnson: Bob thanked everyone for the opportunity to make his presentation.F. Commissioner Janssen: Commissioner Janssen welcomed Kent to the LEPFA staff

and gave some additional parking comments.G. Commissioner Decker: Commissioner Decker provided some additional parking

comments and stated that he is excited about the new Market signage that will beinstalled soon.

H. Shari Berger: Shari provided some additional parking comments and suggested thatresearch be done on cities with similar parking issues; perhaps having an MSU studentdo the research as part of an educational project.

I. Bill Grove: No comment.J. Heidi Brown: No comment.

LEPFA Board of Commissioners MeetingPage 7March 23, 2010

K. Shelly Busse: No comment.L. Scott Keith: No comment.M. Chairman Butler: Chairman Butler thanked everyone for their time and energy and

focus during today's meeting.

VIII. OLD BUSINESS: No report

IX. NEW BUSINESS: No report.

At 9:40 a.m. the meeting was adjourned.

THE NEXT MONTHLY MEETING IS SCHEDULED FOR TUESDAY, APRIL 27, 2010 AT 8:00A.M. - LANSING CITY MARKET, 325 CITY MARKET DRIVE, LANSING, MI 48933.

Respectfully submitted,Shelly Busse, Recording Secretary

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:

May 20, 2010

RE:

Proposed Zoning Ordinance Amendments-Overlay Districts-Old Town, ReoTown, E. Michigan Ave. and W. Saginaw Street.

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

VB/rhAttachment

"Equal Opportunity Employer"

Virg Bernero, Mayor

DEPARTMENT OF PLANNING ANDNEIGHBORHOOD DEVELOPMENT

316 N. CAPITOL AVENUE LANSING, MI 48933-1236. (517) 483-4066. FAx: (517) 483-6036

PLANNING OFFICE316 N. CAPITOL AVE., SUITE D-1

May 19, 2010

Honorable Mayor Virg BerneroNinth Floor, City HallLansing, MI 48933-1694

RE: Proposed Zoning Ordinance AmendmentsOverlay Districts

Dear Mayor Bernero;

Attached is the proposed Overlay District Zoning Ordinance amendment and maps of the 4 overlay districtareas. The affected areas are Old Town, Reo Town, E. Michigan Avenue and W. Saginaw Street. The intentof the overlay district is to establish regulations that will ensure compatibility of new development with theunique character of these areas. More specifically, the amendments will:

1.

Provide substantial relief from parking requirements,

2.

Allow pedestrian oriented signage,

3.

Require a Special Land Use permit for auto sales businesses, and

4.

Require that the front yard setbacks for all new building are consistent with the setbacks ofexisting buildings in the area.

The Planning Board held a public hearing at its December 2, 2008 meeting, at which one business owner inthe proposed E. Michigan Avenue Overlay District area spoke in favor of the amendments and no othercomments were received. Following the public hearing, the Board voted (6-0) to recommend approval of theproposed ordinance amendments.

Following your review of this matter, please refer it to the City Council for its consideration.

r,114')William RieskeSecretary, Lansing Planning Board

Please recycle

"Equal Opportunity Employer"

City of LansingChange of City Policy/Ordinance Form

Operational Cabinet

1. Are you proposing a change in city policy or ordinance:If the answer is "yes", please state what the change of policy ordinance is:

The proposed ordinance is an amendment to add a new chapter to the Zoning Ordinance, creating and regulating zoningoverlay districts in four geographic areas of the city, as depicted on the attached maps.

2. What is the rationale for the change and how does this proposal impact your department:

The intent ofthis chapter is to encourage appropriate development within each overlay district by providin grelief from on-siteparking requirements, allowing pedestrian-oriented sign age, and establishing criteria to assure compatibility of new, infill,

and redevelopment with the unique character of each district, conserving cultural, historic and property values.

3. Has your department coordinated with other impacted departments? If so, how does this proposed change impactthose departments:

The amendments have been reviewed by the City Attorney's Office, EDC and all affected neighborhood groups andcommercial organizations.

NO

Si

City Attorney/Date

Chief of Staff/Date

Virg Bernero, Mayor/Date

* This form is to be used by the Executive/Operational Cabinet*

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

ORDINANCE NO.

2

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND TITLE 6

3 OF THE PLANNING AND ZONING CODE, PART 12 OF THE CODIFIED ORDINANCES

4 OF THE CITY OF LANSING BY ADDING CHAPTER 1279 TO ESTABLISH AND

5 REGULATE OVERLAY DISTRICTS IN CERTAIN GEOGRAPHIC AREAS OF THE CITY.

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Title 6 of the Planning and Zoning Code, Part 12 of the Codified

8 Ordinances of the City of Lansing, Michigan, be and are hereby amended as follows:

9

CHAPTER 1279. OVERLAY DISTRICTS

10

1279.01

INTENT

11

THE INTENT OF THIS CHAPTER IS TO ENCOURAGE APPROPRIATE

12 DEVELOPMENT WITHIN EACH OVERLAY DISTRICT BY PROVIDING RELIEF FROM

13 ON-SITE PARKING REQUIREMENTS, ALLOWING PEDESTRIAN-ORIENTED

14 SIGNAGE, AND ESTABLISHING CRITERIA TO ASSURE COMPATIBILITY OF NEW,

15 INFILL, AND REDEVELOPMENT WITH THE UNIQUE CHARACTER OF EACH

16 DISTRICT CONSERVING CULTURAL, HISTORIC AND PROPERTY VALUES.

17 1279.02 GENERAL PROVISIONS

18

A. THE OVERLAY DISTRICTS OF THIS CHAPTER APPLY IN COMBINATION

19

WITH THE UNDERLYING BASE DISTRICT TO IMPOSE REGULATIONS AND

PAGE 1 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

STANDARDS THAT ADDRESS SPECIAL GEOGRAPHIC AREAS OR LAND USE

2

ISSUES.

3

B. IN THE EVENT OF CONFLICT BETWEEN OVERLAY DISTRICT

4

REGULATIONS AND THE REGULATIONS OF THE UNDERLYING BASE

5

DISTRICT, THE OVERLAY DISTRICT REGULATIONS GOVERN. IN ALL OTHER

6

CASES, BOTH THE OVERLAY DISTRICT AND BASE DISTRICT REGULATIONS

7

APPLY.

8

1279.03 LOCATION

9

THE LOCATION AND EXTENT OF EACH DISTRICT SHALL BE DEPICTED IN

10 THE APPENDICIES AS FOLLOWS:

11

(A) OLD TOWNNEIGHBORHOOD OVERLAY DISTRICT: APPENDIX A

12

(B) REO TOWN NEIGHBORHOOD OVERLAY DISTRICT: APPENDIX B

13

(C) EAST MICHIGAN AVENUE NEIGHBORHOOD OVERLAY DISTRICT:

14

APPENDIX C

15

(D) WEST SAGINAW STREET NEIGHBORHOOD OVERLAY DISTRICT:

16

APPENDIX D

17

1279.04

PRINCIPAL USES PERMITTED.

18

ALL PRINCIPAL USES PERMITTED IN THE UNDERLYING ZONING

19 DISTRICT(S) ARE PERMITTED BY RIGHT IN THE OVERALY DISTRICTS, PROVIDED

20 THEY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE UNDERLYING

PAGE 2 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1 ZONING DISTRICT AND OF THIS CHAPTER. IN ADDITION, RESIDENTIAL USE TO

2 THE DENSITY OF THE "DM-4" RESIDENTIAL DISTRICT SHALL BE PERMITTED AS A

3 SECONDARY USE TO A PRIMARY COMMERCIAL USE IN ALL COMMERCIALLY

4 ZONED BUILDINGS LOCATED WITHIN THE OVERLAY DISTRICTS.

5

1279.05

USES PERMITTED SUBJECT TO SPECIAL CONDITIONS.

6

ALL CONDITIONAL USES OF THE UNDERLYING BASE ZONING DISTRICTS,

7 EXCEPT VEHICLE DEALERSHIPS ARE PERMITTED IN THE OVERLAY DISTRICTS IF

8 THE REQUIRED CONDITIONS OF THE UNDERLYING ZONING DISTRICT AND ALL

9 APPLICABLE REQUIREMENTS OF THIS CHAPTER ARE MET.

10

1279.06

SPECIAL LAND USES.

11

VEHICLE DEALERSHIPS AND ALL OTHER SPECIAL LAND USES DESCRIBED

12 IN THE UNDERLYING ZONING DISTRICTS MAY BE PERMITTED IN THE OVERLAY

13 DISTRICTS, IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN CHAPTER

14 1282 (SPECIAL LAND USE), IF THE CONDITIONS DESCRIBED IN CHAPTER 1282, THE

15 UNDERLYING ZONING DISTRICT AND THE APPLICABLE REQUIREMENTS OF THIS

16 CHAPTER ARE MET. NO SPECIAL LAND USE PERMIT SHALL BE REQUIRED FOR

17 RESIDENTIAL USES THAT ARE SECONDARY TO A PRIMARY COMMERCIAL USE

18 AND MEET THE DENSITY RESTRICTIONS OF THE "DM-4" RESIDENTIAL DISTRICT.

19

1279.07

HEIGHT AND AREA REQUIREMENTS GENERALLY

PAGE 3 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

IN THE OVERLAY DISTRICTS, THE FOLLOWING HEIGHT AND AREA

2 REQUIREMENTS SHALL APPLY:

3

(A) FRONT YARDS.

4

THERE SHALL BE NO FRONT YARD SETBACK REQUIREMENT IN THE

5

OVERLAY DISTRICTS. BUILDINGS SHALL BE PLACED UP TO THE

6

FRONT PROPERTY LINE OR TO THE AVERAGE SETBACK WITHIN

7

THE BLOCKFACE, OR ANYPLACE IN BETWEEN. THE SETBACK

8

SHALL NOT BE GREATER THAN THE AVERAGE SETBACK OF THE

9

OTHER BUILDINGS WITHIN THE SAME BLOCKFACE AND PARKING

10

SHALL NOT BE PERMITTED IN A FRONT YARD.

11

(B) SIDE YARDS.

12

THERE SHALL BE NO SIDE YARD SETBACK REQUIREMENTS IN THE

13

OVERLAY DISTRICTS.

14

(C) REAR YARDS.

15

THERE SHALL BE NO REAR YARD SETBACK REQUIREMENT IN THE

16

OVERLAY DISTRICTS.

17

(D) HEIGHT RESTRICTIONS.

18

1. ALL NEW BUILDINGS SHALL HAVE AT LEAST 2 STORIES AND

19

SHALL BE AT LEAST 25 FEET IN HEIGHT MEASURED FROM

20

GRADE LEVEL AT THE FRONT WALL OF THE BUILDING. .

PAGE 4 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

2.

ALL BUILDINGS, OR PORTIONS OF BUILDINGS, LESS THAN 50

2

FEET FROM A RESIDENTIAL USE PARCEL SHALL NOT EXCEED

3

40 FEET IN HEIGHT OR THE HEIGHT OF THE EXISTING

4

STRUCTURES ON THE RESIDENTIAL USE PARCELS,

5

WHICHEVER IS HIGHER;

6

3.

ALL BUILDINGS, OR PORTIONS OF BUILDINGS, 50 FEET OR

7

GREATER THAN 50 FEET FROM A RESIDENTIAL USE PARCEL

8

SHALL NOT EXCEED 80 FEET IN HEIGHT;

9

1279.08

OFF-STREET PARKING.

10

(A)

ALL AREAS INCLUDED IN THE OVERLAY DISTRICTS, WITH THE

11

EXCEPTION OF THOSE LISTED IN 1297.08 (B-C), ARE GRANTED

12

AN 80% REDUCTION IN THE MINIMUM PARKING

13

REQUIREMENTS OF CHAPTER 1284. ALL REQUIRED PARKING

14

SPACES, EXCEPT THOSE REQUIRED FOR RESIDENTIAL USES,

15

MUST BE LOCATED WITHIN 300 FEET OF THE PROPERTY THEY

16

SERVE AND MAY INCLUDE LEGAL ON-STREET PARKING, CITY-

17

OWNED OFF-STREET PARKING LOTS AND PRIVATE PARKING

18

LOTS WHERE THERE IS AN AGREEMENT FOR JOINT USE.

19

(B)

ALL COMMERCIALLY ZONED PROPERTIES LOCATED WITHIN

20

THE REO TOWN AND OLD TOWN OVERLAY DISTRICTS; THAT

PAGE 5 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

PORTION OF THE WEST SAGINAW OVERLAY DISTRICT ON THE

2

NORTH SIDE OF THE RIGHT-OF-WAY IN THE 900 BLOCK AND

3

THE EAST 1/2 OF THE 1000 BLOCK; AND THAT PORTION OF THE

4

EAST MICHIGAN AVENUE DISTRICT IN THE 2000 BLOCK ON

5

BOTH THE NORTH AND SOUTH SIDES OF THE RIGHT-OF-WAY

6

SHALL NOT BE SUBJECT TO THE MINIMUM PARKING

7

REQUIREMENTS OF CHAPTER 1284.

8

(C)

IN ALL OVERLAY DISTRICTS, AT LEAST ONE OFF-STREET

9

PARKING SPACE SHALL BE REQUIRED FOR EACH

10

RESIDENTIAL UNIT. PARKING SPACES FOR RESIDENTIAL

11

UNITS MAY BE LOCATED ON THE SAME LOT AS THE UNIT OR

12

ON A SEPARATE LOT IF IT IS LOCATED WITHIN 300 FEET OF

13

THE UNIT THAT IT SERVES AND THERE IS AN EXISTING

14

ENFORCEABLE AGREEMENT WITH OWNER OF SAID LOT.

15

1279.09

SIGNS. THE DEFINITIONS SET FORTH IN CHAPTER 1442 SHALL

16 APPLY TO THIS SECTION.

17

(A)

EACH COMMERCIAL BUSINESS ESTABLISHMENT IS

18

PERMITTED TO HAVE ONE PROJECTING SIGN. SUCH SIGN

19

SHALL NOT EXCEED 16 SQUARE FEET IN AREA AND CANNOT

20

PROJECT MORE THAN 4.5 FEET FROM THE FRONT WALL OF

PAGE 6 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

THE BUILDING. PROJECTING SIGNS SHALL HAVE A MINIMUM

2

OF 10 FEET OF CLEARANCE FROM THE BOTTOM OF THE SIGN

3

TO GRADE AND MAY NOT EXTEND ABOVE THE ROOF LINE.

4

THE AREA OF THE PROJECTING SIGN SHALL NOT BE

5

CONSIDERED FOR THE NUMBER OF WALL SIGNS AND

6

MAXIMUM WALL SIGN AREA PERMITTED UNDER CHAPTER

7

1442. PROJECTING SIGNS ARE SUBJECT TO THE PROVISIONS

8

OF SECTION 1022.06, ENCROACHMENTS, OF THE CITY OF

9

LANSING CODIFIED ORDINANCES.

10

(B)

EACH BUSINESS ESTABLISHMENT WITHIN AN OVERLAY

11

DISTRICT IS PERMITTED TO HAVE ONE SANDWICH BOARD

12

SIGN NOT TO EXCEED 4 FEET IN HEIGHT AND 2 FEET IN

13

WIDTH. SIDEWALK SIGNS MAY BE DISPLAYED DURING

14

REGULAR BUSINESS HOURS AND MUST BE PLACED IN A

15

LOCATION THAT DOES NOT INTERFERE WITH VEHICULAR OR

16

PEDESTRIAN TRAFFIC.

17

(C)

NO GROUND POLE SIGNS ARE ALLOWED, EXCEPT IN THOSE

18

CASES WHERE THE EXISTING BUILDING IS SETBACK FURTHER THAN

19

20 FEET.

20

21

(D)

NO BILLBOARDS SHALL BE PERMITTED WITHIN AN OVERLAY

PAGE 7 OF 8

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

Overlay District - Ordinance AmendmentDraft No. 2

May 18, 2010

1

DISTRICT.

2

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

3

inconsistent with the provisions hereof are hereby repealed.

4

Section 3. Should any section, clause or phrase of this ordinance be declared to be

5 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

6

other than the part so declared to be invalid.

7

Section 4. This ordinance shall take effect on the 30th day after enactment unless given

8 immediate effect by City Council.

9

10

11

PAGE 8 OF 8

Approval for placement on City Council agenda:

Brigham SmithCity Attorney

Date

Old Town - Appendix A

A Residential-SingleB Residential-SingleC Residential-2 UnitNONE

® CUP Community Unit Plan,D-1 Professional OfficeD-2 Residential/OfficeDM-1 Residential-MultipleDM-2 Residential-MultipleDM-3 Residential-MultipleDM-4 Residential-MultipleE-1 Apartment ShopE-2 Local ShoppingF CommercialF-1 CommercialG-1 BusinessG-2 WholesaleH Light IndustrialI Heavy IndustrialJ ParkingROW Right of Way

LegendRoads

l ParcelsA Residential-SingleB Residential-SingleC Residential-2 UnitNONE

® CUP Community Unit PlanD-1 Professional OfficeD-2 Residential/Office7 DM-1 Residential-Multiple

ICI DM-2 Residential-MultipleDM-3 Residential-Multiple

- DM-4 Residential-Multiple- E-1 Apartment Shop

E-2 Local ShoppingF Commercial

® F-1 CommercialG-1 Business

® G-2 WholesaleH Light IndustrialI Heavy IndustrialJ ParkingROW Right of Way

I Iv..

i1■111

1i

:111111Johnson Ave:111111

I, 1■IlliCleveland St

Clark St'Hill

Mahlon' ""'!IlIl!Ili■■

1■I■11111111111111 ^,I1 11111 111`Shepard St

new-,road 1111111i_11 111 11111&Fairview Avenew-road IIII^

IIIMagloS- lia Avenew road-

iISJ Hlayfo IIS Hayfod-Ave1111111111111111

1111

IIIIlIIIIIS Francis Ave

111111111111111!m

JiIIIhIhIhIHIu

1111111III11■Illn

TriTinew--readL^ JINSycamore-St rl

Leonard_C:t -^

-r-SummervilleI tle1 I L - ]JHChicago Ave

IEdgewo`od=Ct

Gabriel Roeder Smith & Company

One Towne Square

248.799.9000 phoneGRS Consultants & Actuaries

Suite 800

248.799.9020 faxSouthfield, MI 48076-3723

www.gabrielrocder.com

a etl

May 19, 2010

Ms. Karen WilliamsAdministratorCity of Lansing Police and Fire Retirement System124 W. Michigan Avenue, 8th FloorLansing, Michigan 48933

Attention: Board of Trustees

Re: Amendment to Suspend Pension Benefits to Contractors

Dear Karen:

We have reviewed the proposed amendment to the Police and Fire Retirement System to suspend thepension of a retiree who performs work for the City as an independent contractor. We believe theproposed amendment is cost neutral to the Police and Fire Retirement System and would be expectedto result in no material change in the long-term contributions to the Retirement System. Thisamendment could discourage or considerably shorten the period of contract work performed by retireesfrom Lansing who return to work usually as a civilian, but this would be expected to have no materialeffect on the Police and Fire Retirement System.

This document is provided to comply with MI PA 728 of 2002 Sec. 20h: (3) which requires that aSystem provide a supplemental actuarial analysis of any proposed pension benefit change to the Boardand to the decision-making body (City Council) at least 7 days before adoption.

Respectfully submitted,

merncri

Brad Lee Armstrong

BLA:sc

cc: Mr. Gerald Ambrose, Finance Director

GRS Gabriel Roeder Smith ix Company

One Towne Square

248.799.9000 phoneConsultants & Actuaries

Suite 800

248.799.9020 faxSouthfield, MI 48076-3723

www.gab.rielroeder.com

May 19, 2010

Ms. Karen WilliamsAdministratorCity of Lansing Employees Retirement System124 W. Michigan Avenue, 8th FloorLansing, Michigan 48933

Attention: Board of Trustees

Re: Amendment to Suspend Pension Benefits to Contractors

Dear Karen:

We have reviewed the proposed amendment to the Employees Retirement System to suspend thepension of a retiree who performs work for the City as an independent contractor. We believe theproposed amendment is cost neutral to the Retirement System and would be expected to result in nomaterial change in the long-term contributions to the Retirement System. This amendment coulddiscourage or considerably shorten the period of contract work performed by retirees from Lansingwho return to work as a civilian. Conversely, it could result in hiring a few employees a little bitsooner than under current circumstances who could become members of the Retirement System.

This document is provided to comply with MI PA 728 of 2002 Sec. 20h: (3) which requires that aSystem provide a supplemental actuarial analysis of any proposed pension benefit change to the Boardand to the decision-making body (City Council) at least 7 days before adoption.

Respectfully submitted,

Brad Lee Armstrong

BLA:sc

cc: Mr. Gerald Ambrose, Finance Director

,6;

,M 0r ) no LL l f:. •cs

May 12, 2010 Cl"h

Lansing City Council10th Floor City Hall124 W. Michigan Ave.Lansing, MI 48933

Dear City Council Members,

First of all I would like you all to know that I have owned and continue operating mytailoring business for 25 plus year located at 1219 E. Grand River Avenue.

When I first heard of the efforts of a group of people wanting to change the street toCesar E. Chavez Avenue, I was a very displeased.

Well, I started to attend the meetings the group invited me to and realized that Cesar E.Chavez, was a hard working man, who stood up for people rights, that had no voice.Currently, my business is in the location where there has been no effort from the city inrestoring the buildings.

Hopefully, by taking the action of renaming the street after Cesar E. Chavez it will helpmy business and the surrounding businesses to get more acknowledgements being on astreet that means so much to the community.

I have changed my views and have realized it is time for change and I personally think astreet will educate people as it did me. Mr. Chavez was a great humanitarian and also aUS Navel veteran who served our country well and I am a veteran of the US Air force.

i,ek-1 callBill McDonaldMcDonald Tailoring

Cc: Old Town Business AssociationCc: Lansing for Cesar E. Chavez

Sincerely

It°

Z" L

To: City Council Members

I Frank Delacruz owner of Famous taco Restaurant on 902 E. Grand River AvenueLansing, MI, am writing this letter in support of changing Grand river Ave, (commencingat Oakland St., and ending at Pine St. and West Grand River Ave.) to Cesar E. ChavezAvenue. The street will serve to honor a naval Veteran, great labor leader, andhumanitarian. Cesar E. Chavez's humanitarian efforts have reclaimed dignity, fair wagesand humane living conditions for millions of Americans.

Americans today continue to eat healthier fruits and vegetables because of his efforts toreduce the high level of toxic pesticides in our food source. Workers continue to benefitfrom his efforts to obtain a fair wage, decent housing, and most of all dignity for theAmerican farm worker.

Currently, the following cities in Michigan have street named after Cesar E. Chavez,Saginaw, Flint, Bay City, Detroit, Grand Rapids, and Pontiac. It would be great if thecapital city of Michigan. can have a street named after him also.

Another factor to rename that part of Grand River Avenue, would be a remedy for theconfusion of the street directions (north, east, and west), promote revenue to the businessdistrict and most importantly honor the memory of Cesar E. Chavez.

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May11,2010

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Lansing City Council Members10th Floor City Hall124 W. Michigan Ave.Lansing, MI 48933

Dear City Council,

My name is Pablo Maldonado, owner of Pablo's' Restaurant 311 E. Grand River St.Lansing, MI., and I am writing this letter in support of changing Grand River Ave.(commencing at Oakland St., and ending at Pine St. and W. Grand River Ave.) to CesarE. Chavez Ave. The street will serve to honor a great labor leader, and humanitarian.Cesar E. Chavez humanitarian efforts have reclaimed dignity, fair wages and humanliving conditions for millions of farm workers in America.

Americans, today continue to eat healthier fruits and vegetables because of his efforts toreduce the use of high level toxic pesticides in our food sources that I use daily in myrestaurant. Workers continue to benefit from his efforts to obtain fair wages, decenthousing, and most of all dignity for American Farm workers.

Currently, the following cities in Michigan have a street named after Cesar E. Chavez,Saginaw, Flint, Bay City, Detroit, Grand Rapids, and Pontiac. It would be great also forthe Capital City of Michigan to have a street named after this great AmericanHumanitarian.

Z./Another factor to rename that part of Grand River Avenue, would be a remedy for theconfusion of the streef directions (north, east, and west), promote revenue to the businessdistrict andAr st

antly honor the memory of Cesar E. Chavez.

Pablo Mali adoOwner o Pab'to's Restaurant

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Co':/Old Town ' Business Associationdo Lansing for Cesar E. Chavez Committee

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April 16, 2010

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EGON/EDLansing City Council & Memorial Review Board

PLAY 18 2010

124 W. Michigan Ave.10th Floor

LANSING CITY COUNCILLansing, MI 48933

Dear City Council Members & Memorial Review Board,

I am signing this letter to let you know I support the name change ofGrand River Avenue to Cesar E. Chavez Avenue (commencing atOakland Avenue and ending at Pine Street).It is important to honor a man who has done so much for so many.His contribution to help control pesticides in our food productioncontinues to help keep our foods safe to eat. Cesar E. Chavez wasthe recipient of the Presidential Medal of Freedom, a Civil Rightsleader and a United States Naval Veteran.If the name is changed I feel it would help the neighborhood becomestronger, revitalized and more unified.

Thank you,/at rY

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