Lansing City Council Packet 2010-03-08

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 MARCH 8, 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, March 4, 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, March 8, 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 March 1, 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; Recognition of Jack Stauffer as the 2010 Bea Christy Award Winner and recognition of the nominees

2. Mayoral Presentation; Recognition of National Association of Women in Construction Week

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of event – 1 minute limit)

IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

1

2

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 an Ordinance of the City of Lansing, Michigan, to Amend Chapter 1284, Section 3 of the Lansing Codified Ordinances by requiring the provision of parking for cabaret patrons on lots containing cabarets

2. In consideration of an Ordinance of the City of Lansing, Michigan, to Amend Chapter 844, Section 25 of the Lansing Codified Ordinances by restricting the hours during which ice cream and confection peddlers may operate

3. In consideration of Brownfield #46 (b) Sonic Restaurant, Former Governor's Inn Project (amended)

4. In consideration of Act-3-2009; Groesbeck Drain Easements

5. In consideration of Act-7-2009; Groesbeck Drain Easements

6. In consideration of an OPRA District request submitted by Old Town Temple, LLC for property located at 502 E. Grand River Ave.

7. In consideration of an OPRA Certificate request submitted by Old Town Temple, LLC for property located at 502 E. Grand River Ave.

XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

B. CONSENT AGENDA

1. BY COUNCIL MEMBER CAROL WOOD

a. Tribute; Recognition of Don LeDuc on being honored at the 13th Annual Otis M. Smith Scholarship Dinner

2. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Approval of Brownfield #46 (b) Sonic Restaurant, Former Governor's Inn Project (amended)

3. BY THE COMMITTEE ON GENERAL SERVICES

a. Appropriation of Community Funding to Old Town Commercial Association for its Festival of the Sun and Festival of the Moon events to be held June 25 and 26, 2010

3

b. Appropriation of Community Funding to Colonial Village Neighborhood Association for its participation in National Night Out to be held August 3, 2010

c. Appropriation of Community Funding to The Gratitude Group for its Super Draw event to be held May 23, 2010

d. Recognition of Non-profit Status in the City of Lansing to The Gratitude Group of P.O. Box 21006

e. Recognition of Non-profit Status in the City of Lansing to Lansing Eastern Quaker Touchdown Club of P.O. Box 23156

f. Claim Denial; Todd Thorpe for property located at 225 N. Martin Luther King, Jr. Blvd.

g. Claim Denial; Gloria Fleming for property located at 819 N. Larch St.

h. Claim Denial; Northwest Housing Fund, LLC for property located at 1214 W. Allegan St.

i. Claim Denial; Cynthia Wallace for property located at 3523 Jewell Ave.

4. BY THE COMMITTEE ON PUBLIC SAFETY

a. Requiring the owner of property located at 3237 Brisbane Dr. to Make Safe or Demolish their property within thirty days

b. Cost threshold referenced in Section 808.10 (c) of the Lansing Codified Ordinances (Cabaret licenses)

5. BY THE COMMITTEE ON PUBLIC SERVICES

a. Setting a Public Hearing for March 22, 2010 in consideration of Public Improvement III; New Sidewalk Construction along the south side of N. Grand River Avenue from Waverly Rd. to Delta River Drive, along the north side of N. Grand River Avenue from Capitol City Blvd. to Remy Drive, and along the south side of N. Grand River Avenue from Culver Avenue to W. North Street excepting all public streets and alleys and other land deemed not benefited

b. Setting a Public Hearing for March 29, 2010 in consideration of the Five Year Parks and Recreation Master Plan

6. BY THE COMMITTEE ON WAYS AND MEANS

a. Budget Amendment; First Tee Agreement for Sycamore Driving Range

4

b. Grant Acceptance; Neighborhood Stabilization 2 Program Competitive Grant

c. Grant Application; Michigan Department of Transportation (MDOT) Local Bridge Program

d. Setting a Public Hearing for March 22, 2010 in consideration of a Grant Application; Michigan Department of Natural Resources and Environment for Crego Park Development

e. Grant Acceptance and Transfer of Funds; Fire, Emergency Management Performance Grant

f. Transfer of Funds; State/Federal Programs, Fire, Emergency Management Performance Grant

g. Transfer of Funds; Capital Improvements (CIP) Fund Expenditures

7. BY THE COMMITTEE OF THE WHOLE

a. Fiscal Year 2010 Budget Amendment/Deficit Elimination Plan

b. Ratification of UAW Local 2256 Collective Bargaining Agreement

c. Tribute; Recognition of Jack Stauffer as the 2010 Bea Christy Award Winner and recognition of the nominees

C. RESOLUTIONS FOR ACTION

1. BY THE COMMITTEE ON GENERAL SERVICES

a. Waiver of the Provisions of the Noise Ordinance contained in Chapter 654 of the Code of Ordinances filed by the Public Service Department to permit the contractor to work extended hours Monday through Friday from 8:00 p.m. to 10:00 p.m., Saturdays from 7:00 a.m. to 6:00 p.m., and Sundays from 9:00 a.m. to 6:00 p.m. while conducting construction activities in the CSO 015 North Project Area

b. Waiver of the Provisions of the Noise Ordinance contained in Chapter 654 of the Code of Ordinances filed by the Public Service Department to permit the contractor to work extended hours Monday through Friday from 8:00 p.m. to 10:00 p.m., Saturdays from 7:00 a.m. to 6:00 p.m., and Sundays for work on S. Washington Avenue, only, from 9:00 a.m. to 6:00 p.m., while conducting construction activities for the CSO 034B Project

D. REPORTS FROM COUNCIL COMMITTEES

5

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-5-2009; 610 N. Seymour St., rezoning the property at this location from "DM-4" Residential District to “D-1” Professional Office District to permit the building at this location to be used for offices and residential units

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. Letter from the City Clerk submitting minutes of Boards and Authorities placed on file in the City Clerk’s Office

b. Letters from the Mayor re:

i. Principal Shopping District 2009 Annual Report

ii. Proposed Program Objectives for Community Development Fund Resources and Projected Use of Federal Funds for Fiscal Year 2011

iii. Transfer of Funds; State/Federal Programs, 2008 Homeland Security Grant Program

iv. Transfer of Funds; State/Federal Programs, 2008 Interoperable Emergency Communications Grant Program

v. Transfer of Funds; State/Federal Programs, 2007 Interoperable Emergency Communications Grant Program

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Affidavits of Disclosure submitted by:

i. Angela Sukovich of the Lansing Police Department

ii. Chief Deputy City Attorney John Roberts

b. Letter of Resignation from the Traffic Board submitted by Martha Dee

c. Letter of Resignation from the Board of Ethics submitted by Edwar Zeineh

6

d. Letter of Resignation from the Demolition Board submitted by Mark Hiaeshutter

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.

i !L

CITY OF LANSINGNOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,March 8, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor LansingCity Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan, to Amend Chapter 1284, Section 3 ofthe Lansing Codified Ordinances by requiring the provision of parking for cabaretpatrons on lots containing cabarets.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

DRAFT #1(REVISED)NOVEMBER 25, 2009

1

ORDINANCE NO.

2

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

3 CHAPTER 1284, SECTION 3, OF THE LANSING CODIFIED ORDINANCES BY

4 REQUIRING THE PROVISION OF PARKING FOR CABARET PATRONS ON LOTS

5 CONTAINING CABARETS.

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 1284, Section 3, of the Codified Ordinances of the City of

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

9 1284.03. Location; expansion; encroachments.

10 (a) Except as provided in subsections (b) to (d) hereof, all required off-street parking for a

11 principal use, conditional use, special land use or nonconforming use shall be located on the

12 same lot on which such principal use, conditional use, special land use or nonconforming use is

13 located. Off-street parking shall be permitted in the required side or rear yards of a lot in every

14 zoning district. Parking shall be allowed in the required front yard only in the E-2 Local

15 Shopping District, F Commercial District, G-1 Business District, G-2 Wholesale District, H

16 Light Industrial District, I Heavy Industrial District or J Parking District, unless otherwise

17 provided for in this chapter.

18 (b) The off-street parking for a lot which is zoned H Light Industrial or I Heavy Industrial

19 District may be located on a separate lot, if the following twe THREE conditions are met:

20 (1) THE LOT DOES NOT CONTAIN A CABARET, AS DEFINED BY SECTION 808.01.

21 (1) (2) The separate lot is zoned H Light Industrial District, I Heavy Industrial District or 3

22 Parking District.

1C:\DOCUME4l\KREEVE4l.LAN\LOCALS-l \Temp\XPgrpwise\CABARET PARKING1284.03.doc


1 (2) (3) The separate lot is not more than 5,280 feet, measured from the closest point on the

2

closest lot line of the separate lot to the closest point on the closest lot line of the lot served.

3 However, if the parking on the separate lot is more than 1,000 feet from the lot served, then the

4 beneficial user shall provide a commuter service between the separate lot and the lot served.

5 (c) Off-street parking for nonresidential uses on a lot which is zoned D-1, E, E-1, E-2, F or G-2

6 may be located on a separate lot if the following to THREE conditions are met:

7 (1) THE LOT DOES NOT CONTAIN A CABARET, AS DEFINED BY SECTION 808.01.

8

(1-) (2) The separate lot is zoned D-1, E, E-1, E-2, F, G-2, H, I or J.

9 (2) (3) The separate lot is not more than 300 feet, as measured from the closest point on the

10

closest lot line of the separate lot to the closest point on the closest lot line of the lot served.

11

(d) Except as described in subsection (e) hereof, the off-street parking for a lot on which a

12 conditional use is maintained may be expanded onto an abutting property only if all of the

13 following conditions are met:

14 (1) The conditional use itself may be permitted on the abutting. property.

15 (2) The abutting property is zoned A, B, C, DM-1, DM-2, DM-3 or DM-4.

16 (3) A special land use permit is obtained through the procedures described in Chapter 1282.

17 (e) Subsection (d) hereof shall not apply if the abutting property is zoned D-1, E, E-1, E-2, F,

18

G-1, G-2, H, I or J.

19 (f) An area designated as required off-street parking may be changed to another use or

20 encroached upon, so long as the minimum requirements of Section 1284.13 continue to be met.

21

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

22 inconsistent with the provisions hereof are hereby repealed.

2C:\DOCUME-1\KREEVE-I .LAN\LOCALS-l\Temp\XPgrpwise\CABARET PARKING1284.03.doc

6789

1011

12131415


1

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

2 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

3

other than the part so declared to be invalid.

4

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

5 immediate effect by City Council.

Approved as to fonn:

City AttorneyDated:

3C:\DOCUME41 \KREEVE-1.LANILOCALS-1\Temp\XPgrpwise\CABARET PARKING1284.03.doc

.

elf/1 2


NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,March 8, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor LansingCity Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan to Amend Chapter 844, Section 25 ofthe Lansing Codified Ordinances by restricting the hours during which ice creamand confection peddlers may operate.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK

PUBLIC SAFETY COMMITTEE DRAFT #2FEBRUARY 16, 2010

1

ORDINANCE NO.

2

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

3 CHAPTER 844, SECTION 25, OF THE LANSING CODIFIED ORDINANCES BY

4 RESTRICTING THE HOURS DURING WHICH ICE CREAM AND CONFECTION

5 PEDDLERS MAY OPERATE.

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 844, Section 25, of the Codified Ordinances of the City of

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

9 844.25. Method AND HOURS of operation.

10 The operation of vehicles, carts,. or pushcarts under a license issued pursuant to Section 844.22

11

shall be such as not to interfere with the use of the streets by the public, congest or impede

12 traffic,, or endanger persons or property of pedestrians or others using the streets, sidewalks or

13 other public places. NO SUCH VEHICLES, CARTS, OR PUSHCARTS SHALL BE

14 OPERATED AFTER 8:30 P.M. OR SUNSET, AS ESTABLISHED BY THE NATIONAL

15 WEATHER SERVICE, WHICHEVER IS EARLIER, OR BEFORE 9:00 A.M.

16

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

17 inconsistent with the provisions hereof are hereby repealed.

18

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

19 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

20 other than the part so declared to be invalid.

21

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

22

immediate effect by City Council.

Approved as to form:

City AttorneyDated:

1C:\DOCUME-1\KREEVE'-1.LAN\LOCALS-1\Temp\XPgrpwise\ICE CREAM AND CONFECTION PEDDLER HOURS 844.25 PUBLICSAFE.doc

23242526

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on March 8th , 2010 at 7:00p.m. in the City Council Chambers, 10 th Floor, Lansing City Hall, Lansing, MI, forthe purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, otherinterested persons and ad valorem taxing units to appear and be heard on theapproval of Amended Brownfield Plan # 46(b) Sonic Restaurant - formerGovernor's Inn Brownfield Plan, pursuant to and in accordance with theprovisions of the Brownfield Redevelopment Financing Act, Public Act 381 of1996, as amended, for property located at the 1000 Ramada Drive, in Lansing,Michigan, but more particularly described by parcel as:

33-01-05-10-126-011.LOT 1 ABOOD-RAMADA SUB

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 ,Economic Development Corporation of the City of Lansing, 401 N. WashingtonSquare, Suite 100, Lansing, MI 48933, (517) 483-4140.

Chris Swope, Lansing City Clerk

Briefing MemoAmended Brownfield Project #46(b)

Sonic Restaurant - former Governor's InnCity of Lansing

1/05/2010MEMORANDUM

DATE:

January 5, 2010

TO:

Lansing Brownfield Redevelopment AuthorityRobert Trezise, Jr., President/CEO LEDC

FROM:

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

SUBJECT: Brownfield Plan #46(b) Amended Sonic Restaurant - former Governor'sInn Brownfield Project

PROJECT DESCRIPTION:

Applicant: Miller Apple L.P.G-4488 Bristol Road. Bristol PlaceFlint, MI, 48507

Contact:

William Wentworth, Jr.VP, Miller Apple L.P.810-733-0663

TIF Applicant:

Miller Apple L.P.Courtesy of the Lansing Brownfield Redevelopment Authority.

Project Location: 1000 Ramada Drive - former Governor's Inn Hotel

Total Investment: $1,450,000 (excluding purchase price)

Brownfield Eligible Activities: $797,873 (includes 10% contingency)

Brownfield Length: 15 years - Due to the nature of this site and the timing of thedevelopment the TIF generated is dependent upon the development of the additional3 acres of the property not occupied by Sonic Restaurant.

Estimated Brownfield Tax Capture: $3,908 (90% of generated local increment &90% state increment)

Reimbursement of Tax Capture:

Developer Reimbursement: $3,549Local Capture: $2,030State Capture: $1,519

LBRA Administrative Cost: $2391



1/05/2010LBRA Revolving Loan Fund: $119

New Local Taxes: $266 (10% of generated local increment)

New State School Taxes: $168 (10% of generated increment)

Overview: Miller Apple LP. intends to demolish the existing Governor's Inn hotel andconstruct a Sonic Drive-In Restaurant, and prepare the adjacent land for symbioticdevelopment. The scope of the project will include: the demolition of multiplebuildings totaling approximately 75,886 s.f., asbestos abatement, extensive sitepreparation, new utility and storm water infrastructure, and construction of a new1,900 s.f. Sonic Drive-In restaurant with drive through.

WORK PLAN REQUESTThe City of Lansing Brownfield Redevelopment Authority has submitted a work planrequest seeking approval of approximately $797,873 in state and local tax capture forthe Miller Apple L.P.'s Sonic - former Governor's inn brownfield project.

There will be $797,873 in brownfield TIF eligible activities performed on the site withpotential to be reimbursed through Local and State Tax Capture over 30 years.However, projected capture for reimbursement of eligible activities, withoutdevelopment on the additional three (3) acres of the site, is in the amount of$254,263. This number would change depending on size and scope of futuredevelopment of the additional three (3) acres of land and the TIF revenue that wouldbe generated off of the development.

Revolving Loan Fund Use:In an effort to increase the viability of quickly developing the additional three (3) acresof land on the site, which will not be occupied by the Sonic Restaurant, the LBRA willcommit $100,000 of Brownfield Revolving Loan Fund monies to be made available toassist with the infrastructure development of a significant / impact project asdetermined by the LBRA. This project would have to be under construction by Dec.31, 2010. The LBRA reserves the right to offer one - six (6) month extension periodunless amended by the LBRA Board of Directors. By committing these funds theLBRA will assist Miller Apple L.P. with generating additional TIF capture whileinducing an impact project in south Lansing. RLF monies would be repaid to theLBRA through TIF capture on the site. This action will require the LBRA Board ofDirectors to amend this plan once a development is presented.

Brownfield Tax Base:In order for the project TIF plan to capture the value added by the development it willbe necessary that the TIF plan utilize the property's 2011 taxable value as the basevalue. This will allow Miller Apple L.P. to proceed with construction in 2010 andutilize the taxable value of the developed on December 31, 2010 as the base for TIFcapture. This is allowed under P.A. 328, MCL 125.2652 Definitions. Sec. 2. (u).The estimate value of the cleared land in year 2010 is $438,300.

2

. Briefing MemoAmended Brownfield Project #46(b)


1/05/2010

PROJECT ELIGIBILITY:

The property has been deemed "Functionally Obsolete" per Public Act 381 of 1996,as found by a Level IV Assessor. The project is the subject to Brownfield planapproval by the Lansing Brownfield Redevelopment Authority Board of Directors onNovember 6, 2009.

OVERALL APPLICATION PACKAGE:,

Local & MEGA TIF

TAX CAPTURE BREAKDOWNThere are 61.5399 mills available for capture, local millage equaling 37.6137 mills(61 %). The recommended tax capture breaks down as follows: See attacheddocument at end of memo.

PROJECT REVIEW:

a) The overall benefit to the public:

This project will require the demolition of a vacant hotel that has long beenan underperforming asset and community eyesore. The hotel has beenvacant for approximately 8-10 months. The project will serve as a truecatalyst in a retail area that has seen little turnover or investment inproperties during recent years.

b) The extent of reuse of vacant buildings and redevelopment of blightedproperty:

The blighted property will be redeveloped, however it is the intent of thedeveloper to demolish the functionally obsolete structures to preparethe site for a new building as well as other future development.

c) Creation of jobs:

Sonic Drive-In Restaurant will employ nearly 60 full & part - timeemployees when complete. Additional job creation is anticipated whenthe remainder of the site is developed.

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

The Lansing-East Lansing Metropolitan Statistical Area unemploymentrate was 12.3% in June, 2009. This compares to the statewideseasonally adjusted average of 15.2% in July, 2009. Both are above

3



1/05/2010the National Average of 9.4% in July, 2009, according to the U.S.Department of Labor's Bureau of Labor Statistics

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

Not Applicable

The level of private sector contribution:

The developer will invest approximately $1,450,000 in demolition, sitepreparation and new construction on the site.

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:

The qualified taxpayer is not moving from another location. This is anew business location.

i) Whether the financial statements of the qualified taxpayer indicate that it isfinancially sound and that the project is economically sound:

The developer has received financing.

OTHER STATE AND LOCAL ASSISTANCE:

none

RECOMMENDATION:

The Lansing Brownfield Redevelopment Authority recommends approval of aBrownfield TIF Capture Plan not to exceed $797,873 or 15 years, whichevercomes first.

f)

g)

4

Sonic Restaurant -former Governor's Inn

Brownfield Plan1000 Ramada Drive

Brownfield Plan #46(b)Amended

Lansing Brownfield Redevelopment AuthorityLansing, Michigan

Approved by LBRA - 1/8/10

Table of Contents

Section

1. Site Location and Photos 2. Project Summary Sheet 3. Past Use of the Property - Site History 4. The Lansing Brownfield Redevelopment Authority 5. Brownfield Project Description 6. Eligible Activities Planned for Reimbursement 7. Captured Taxable Value & Tax Increment Revenues 8. Method of Brownfield Plan Financing 9. Amount of Note or Bonded Indebtedness Incurred 10. Duration of the Brownfield Plan 11. Estimated Impact on Taxing Jurisdictions 12. Legal Description & Site Map : 13. Personal Property 14. Displacement of Persons 15. Site Remediation Revolving Fund : 16. Other Information

Schedule

Schedule 1

Detailed Financial Numbers

Exhibits

Exhibit A

Eligible Activities Definitions and ReimbursementProcedures

I.

Site Location and Photo

1

2.

Project Summary Sheet - Brownfield Plan #46

Project Name:

Sonic Restaurant - former Governor's Inn

Business Line:

Miller Apple L.P. - Sonic Drive-1n restaurant

Property Location:

1000 Ramada Dr., Lansing, Michigan

Property Num. & Size:

33-01-05-10-126-011 (4.19 acres; multiple buildings totalingapproximately 75,886 s.f.)

Project Description:

Demolition of a former hotel complex, construction of agreater Lansing's first Sonic Drive-In Restaurant, andpreparation of additional land for future development.

Investment:

Appx. $1,450,000 (not including property acquisition)

Estimated JobCreation/Retention:

Creation of 60 jobs (combination of full and part time).

Duration of Plan:

15 years

Benefit to Developer:

$ 2,030 Local Brownfield Reimbursement$ 1,519 MEGA Brownfield Reimbursement$ 3,549 Total Incentive Package

New Taxes Generated: $434 Local Taxes ($106 - City of Lansing)$214 City & School Debt

Total New Taxes:

$648 (not including LBRA capture)

Eligible Activities:

$ 797,873

Eligible for reimbursement to Developer(includes 10% contingency)

$ 3,549

Estimated Capture for Reimbursement (does notaccount for development on remaining 3 acres on thesite).

Uses of LBRA Capture: $ 3,549

Reimbursed to Developer by LBRA(over the life of plan)

$ 239

Used for LBRA plan administration$ 119 Deposited in the LBRA Revolving Fund$ 3,907Total:

2

3.

Past Use of the Property - Site History

The 4.19 acre brownfield project area, hereinafter referred to as "the property," containsa total of 6 connected buildings totaling 75,886 s.f. The property was last used as a lowbudget motel operated as the Governor's Inn. The Property was foreclosed upon inOctober of 2008 and is currently owned by Citizens Bank. The buildings due containsome asbestos material, and the building has experienced vandalism since closingincluding the removal of many of the heating radiators. While in operation the hotel hada history of criminal activity and has been an eyesore for many years. The property wasinspected by a Level IV State of Michigan Assessor and determined to be "functionallyobsolete." Based on the definition set forth in Public Act 381 of 1996, "Functionallyobsolete" means that the property is unable to be used to adequately perform thefunction for which it was intended due to a substantial loss in value resulting fromfactors such as overcapacity, changes in technology, deficiencies or super adequaciesin design, or other similar factors that affect the property itself or the property'srelationship with other surrounding property.

3

4.

The Lansing Brownfield Redevelopment Authority

In August Of1S97,the Lansing City Council established the Lansing BrownfieldRedevelopment Authority (LBRA) and designated the entire City as a"Broxvnfie|dZon8 " .The primary purpose of the LBRA is to encourage the redevelopment of blighted,contaminated and functionally obsolete property within the Brownfield Zone by providingfinancial incentives.

1. Contact LBRA 2. Brownfield Plan 3. If desired, apply for &Before Beginning Work i ~+^ is Written & Reviewed by .+~ Receive Pre-Approval from

• On PnojectM Lansing City Council . • State for SBT Credit.Once Approved Proceed 1

to #3.

6. New InvestmentOccurs and Site is 5. Site Ready forSuccessfully Redeveloped -0- Redevelopment

7b. Michigan SingleBusiness Tax Credit

Up to 10% of "EligibleInvestment" over 10 years

Increase in Local Prop-arty Taxes Generated by

the Redeveloped Site.

8. LBRA Uses Captured TaxRevenue to Reimburse EligibleExpenditures, which can Includerepayments to developer, property 11

owners, tenants, the LBRA and oth-ers who paid for the items in Step 3.

4. Complete Eligible Acfivkleson Brownfield Site

Environmental ActivitiesInfrastructure Improvements

DemolitionLead/Asbestos Abatement

Site Preparation

LBRA Brownfield Redevelopment Process

4

5.

Brownfield Project Description

Miller Apple L.P. intends to demolish the existing buildings and construct a Sonic Drive-inrestaurant on the Northeast corner of the parcel. The scope of the project will include: thedemolition of 75,886 s.f. of structures; new infrastructure improvements including stormwater, sewer, and natural gas; asbestos abatement; construction of a new 1,900 s.f. drive inrestaurant; and site preparation for the remaining three (3) acres for future conducivedevelopment.

Eligible Activities:Site Preparation

Demolition (including asbestos abatement) $ 300,000Curb Cut / Curb & Gutters $ 22,320Excavation (grading/balancing) $ 40,000Landscaping $ 30,000Concrete Paving $ 164,504Other $ 42,044

Sub-total $598,868Infrastructure Improvements

Sanitary Sewer $ 31,710Water $ 37,693Storm Water $ 45,268Natural Gas $1,500Electric $10,300

Sub-total $126,471

Sub Total $ 725,339Contingencv (10%) $ 72,534

TOTAL $ 797,873

5

6.

Eligible Activities

The table below presents the anticipated eligible activities that will be completed for thisproject and the estimated eligible costs associated with each activity:

Eligible Activity Est. Cost1. Environmental Activities(local taxes only)

$0

2. Site Preparation$588,868 Developer

3. Infrastructural Improvements $126,471 Developer

4. Total Reimbursed (#1, #2, & #3)Developer Costs $797,873

(includes 10%contingency)

5. Administrative and Legal CostsCosts to the LBRA over the course of the Brownfield Plan toadminister program/project and seek legal or otherconsulting services as needed.

$239 LBRA7. Revolving FundsRevolving Loan Funds to be used for eligible activities on futureeligible brownfield projects.

$100,000 LBRA - capture forrepayment of RLFLoan

8. Total Reimbursed LBRA Costs &Revolving Funds $100,2399. Total Approved Reimbursed LBRA &Developer (Admin, RLF, and Developer Reimbursement) $898,I12

6

7.

Captured Taxable Value and Tax Increment Revenues

The LBRA will capture the tax increment revenues from 2012 through 2026 which willbe generated by the increase in taxable value. The table attached as Schedule 1provides a summary of the anticipated taxable value and the tax increment revenuewhich it will provide.

Per P.A. 328, MCL 125.2652 Definitions. Sec. 2. (u).The captured incremental taxablevalue and associated tax increment revenue will be based on the actual 2011 basevalue as determined by the City Assessor, and the actual increased taxable value of theland and all future taxable improvements on the Property during each year of the Plan.Furthermore, the amount of tax increment revenue available under this Plan will bebased on 90% of the actual millage levied annually by each local taxing jurisdiction, and90% of the actual millage levied by the State of Michigan on the increase in tax valueresulting from the redevelopment project that is eligible and approved for capture. Alllocal taxing units will experience an increase in property tax revenue that when totaledis equivalent to 10% of the increase in tax revenue of the property.

8. Method of Brownfield Plan Financing

The costs associated with eligible activities, listed in Section 6 (Items 1-3) will be initiallypaid for by the Developer. The Developer will be reimbursed for these costs by theLBRA utilizing 85% of the total local taxes captured and 90% of state education taxescaptured from the project over the fifteen (15) years of this Plan. The current estimatedamount of capture used to reimburse the Developer over the 15 year period is $3,549.If the actual capture is less than that projected in this Plan, the total amount of

.reimbursement from the LBRA to the Developer may be less than $3,549. Additionally,the LBRA will not reimburse the Developer for more than $797,873 (includes 10% costcontingency).

The LBRA will provide financing for its costs to implement and administer the Plan byutilizing 10% of the total new 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.

7

10.

Duration of the Brownfield Plan

Unless amended by the Lansing City Council, the Plan is anticipated to remain in effectfrom 2012 through the end of the end of 2026.

11. 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 this Plan.

Millage Tax Capture LBRATaxing

Jurisdictions TotalsTaxing Unit Rate 90% 10%City 0.0150100 Operating $953 $106 $1,059LCC 0.0038072 LCC $242 $27 $269ISD 0.0046956 Intermediate $298 $33 $331County 0.0088711 County $593 $63 $626Airport 0.0006990 Airport $45 $5 $49CATA 0.0029708 CATA $189 $21 $210CADL 0.0015600 CADL $99 $11 $110Total Local 0.0376137SOP 0.0179262 $1,139 $126 $1,265SET 0.006 $381 $42 $423Total State 0.0239262

Totals $4,342 $649 $181,473

Additional information related to the impact of tax increment financing on the varioustaxing jurisdictions is presented in Schedule 1 attached to this Plan.

12. Legal Description & Site Map

Parcel Number: 33-01-05-10-126-011

Legal Description:

Lot 1, Abood-Ramada Subdivision, City of Lansing, Ingham County, Michigan, according to the platthereof recorded in Liber 30 of Plats, Pages 10, 11 and 12, Ingham County Records.

A Site Map is provided on page 1.

13. Personal Property8

The total value of personal property that will be on the premises has yet to bedetermined and therefore not accounted for in this plan.

14. Displacement of Persons

There are no persons currently residing on the property.

15. Site Assessment and Remediation Revolving Funds

In an effort to increase the viability of quickly developing the additional three (3) acres ofland on the site not be occupied by the Sonic Restaurant, the LBRA will commit$100,000 of Brownfield Revolving Loan Fund monies to be made available to assist withthe infrastructure development of a significant / impact project on the remainder of thesite as determined by the LEDC. In order to utilize the Revolving Loan Fund monies theproject would have to be under construction by Dec. 31, 2010. The LBRA reserves theright to offer one, six (6) month extension period unless amended by the LBRA Board ofDirectors. By committing these funds the LBRA will assist Miller Apple L.P. ingenerating additional TIF capture while inducing an impact project in south Lansing.RLF monies would be repaid to the LBRA through TIF capture on the site. This actionwill require the LBRA Board of Directors to amend this plan once a development ispresented. Analysis of the development as presented at this time projects that $119 willbe deposited in the Revolving Loan Fund over the life of the plan.

16. Other Information

The LBRA and the Lansing City Council, in accordance with the Act, may amend thisPlan in the future in order to fund additional eligible activities associated with the Projectdescribed herein.

9

Schedule I

Detailed Financial Numbers

10

WA'!


Act-3-2009Groesbeck Drain Easement

The Lansing City Council will hold a public hearing on Monday, March 8, 2010, at7:00 p.m. in Council Chambers, 10th Floor, Lansing City Hall, 124 W. MichiganAve., Lansing, MI, to consider Act-3-2009. This is a request by the InghamCounty Drain Commission that the City grant an easement for Groesbeck Drainimprovements on City property:

Act-3-09 involves easements within David Street, Bancroft Park, and theGroesbeck Golf Course for storm drain facilities, including water detention pondswhich will be included as water features within the golf course and park.

For more information about this cases, phone City Council Offices on Citybusiness days, Monday through Friday, between 8 a.m. and 5 p.m. at 483-4177.If you are interested in this matter, please attend the public hearing or send arepresentative. Written comments will be accepted between 8 a.m. and 5 p.m.on City business days if received before 5 p.m., Monday, March 8, 2010, at theCity Council Offices, Tenth Floor, City Hall, 124 West Michigan Ave., Lansing, MI48933-1696.


AGREEMENT FORGROESBECKPARK DRAIN.DRAINAGE EASEMENT

"GROESBECK DRAINAGE EASEMENT"

City of Lansing, a Michigan municipal corporation, whose address is 124 West MichiganAvenue, Lansing, Michigan 48933 ( "GRANTOR"), for and in consideration of the benefits statedherein, grants an easement for the construction, operation, maintenance and improvement ofa county drain on part of the GRANTOR'S property to the Groesbeck Park Drain Drainage .District, whose address is in care of the Ingham County Drain Commissioner, 7.07 Buhl, Mason,Michigan 48854 ("GRANTEE"). Both the GRANTOR-owned property and the Easement Area onthat property are described below.

PROPERTY:

The Property owned by the GRANTOR is contained within Parcel Numbers 3301-01-10-204-001,3301-01-10-226-001, and 3301-01-10-226-011, and within the David Street ROW, and is locatedin the City of Lansing, County of Ingham, State of Michigan, and legally described as:

3301-01-10-204-001(Bancroft Park):The East 1/2 of the West 1/2 of the Northeast 1/4 of Section 10, Town 4 North, Range 2West, City of Lansing, Ingham County, Michigan.

3301-01-10-226.001(abuts David St. north ofgolf course):Lots 15 & 16 Assessor 's Plat No. 50Liber 12, Page 42

3301-01-10-226-011 (Groesbeck Golf Course):Conn 33 feet West and 297 feet South of NE corner of Section 10, thence South alongWest line of Wood Street to North line of East Grand River Avenue, West along Northline East Grand River Avenue to SE corner Assessor's Plat No. 2, North to NE Corner saidplat, West to NW cdrner said plat, North along North & South 1/8 line to point due Westof Beginning, East to Beginning; Sec. 10, T4N R2W.

"'---

Said-parcels are subj^c o ail erYility easemenu=atid=cestrictloris=o record-=if^my,

1

EASEMENT AREA (collectively, the "Easement Area," and individually referred to as EasementArea A, Easement Area B, Easement Area C, and Easement Area D)..:

Easement Area AGroesbeck Golf Course

David Street Control Structure50 foot Easement Description

A 50 foot wide easement that is part of the Southeast 1/4 of Section 3 and part of the Northeast 1/4 of Section1D in Town 4 North, Range 2 West, Lansing Township and the City of Lansing, Ingham County, Michigan,described as; Commencing at the northeast corner of said Section 10 also being the southeast corner of saidSection 3; thence S89°52'W 1204.0 feet along the section line between said sections to the intersection of said'section line and a pond flood control structure and the POINT OF BEGINNING of this description; Said 50 footwide description is 25 feet either side of the following described centerline; thence S 00°0S'D0" E a distance of .33.0 feet, more or less to the ,north bank of the Groesbeck Golf Course holding pond, the South Right-of-Way ofDavid Street and the POINT OF ENDING, containing 0.03 acres, more or less. Said easement is intended to•becontiguous to said north bank.

See attached "Exhibit A" drawing- Showing the Easement Area

Easement Area B' Groesbeck Golf Course / Bancroft Park

Storm Drain and Storm Water Detention, Access,Ingress arid Egress Easement Description

An easement that is part of the Northeast % of Section 10 in Town 4 North, Range 2 West, City of Lansing,ingham County, Michigan, described as; Commencing at the northeast corner of said Section ICI; thenceS89°52'W 1196.25 feet along;the north line of said section; thence SO0°08'E 33.0 feet to the southright-of-way line of David Street and the north corner common to Lots '15 and 16:of Assessor's Plat No. 50and the POINT OF BEGINNING of this descriptiii ; thence along said right-of-way line NB9052 E a distertceof 123.75feettathe northeast earner of:sald Lot 15; thence along the east line of said . lotSOO°12'E adistance of 204,00 feet to the southeast comer of said lot also being the south Una of said plat thence alongsaid line N89°52'E a distance of 1039'.5 feet to the west right-of-way line of Wood Street also being thesoutheast corner of said plat; thence along said line Mal 2'E a distance of 310.0 feet thence •589°52'W adistance of 470.0 feet; thence S0D° 12'Ea distance of 785.0 feet; thence S89°52'W a dlsiarioe of 950.0 feet;thence NOO°12W a distant%of 870.0 feet thence N89°52'E a distance of 143.0 feet; thence N0O°12'W adistance of 225.0 feet-to the southwest corner of Lot 18 of said plat thence along the west tine of said lot . .N00°12'W a distance of 264,0 fast to the north line of said plat also being the south eight-of-way line ofDavid Street thence along said line N89°52'E a distance of 123.75 feet-to the north corner common to'Lots15 and 16 and the POINT DF @ECINNIN C; containing 28.24-acres, mere or less. -Subject to all easementsand-restriot1ons-of-recercinif.arny.. .

See attached "Exhibit B" drawingShowing the Easement Area

2

Easement Area CGroesbeck Golf Course / Bancroft Park

60 foot Easement forOverflow Pipe

A 60 foot wide drainage easement that is part of the Northeast 1/4 of Section 10 in Town 4 North, Range Z West,City of Lansing, Ingham County, Michigan, described as; Commencing at the northeast corner of said Section 10;thence 589°52'W 1385.50 feet along the north line of said section to a point on said section line; thence S 00° 0S'E 681.0 feet to the' centerline of the east end of this description, the west side of the Groesbeck Golf CourseHolding Pond and the POINT OF BEGINNING of this description. Said 60 foot wide description is 30 feet eitherside of the following described centerline; thence N 80200 ' W a distance of 220.0 feet to the east bank of theOverflow Pond and the POINT OF ENDING containing 0.30 acres, more or less. Said easement's northerly andsoutherly lines are intended to extend from the Holding Pond's waters edge to the Overflow Pond's watersedge.

. See attached "Exhibit C" drawingShowing the EasementArea

Easement Area DGroesbeck Golf Course / Bancroft Park

Overflow Pond and Embankment Easement

An easement that is part of the Northeast 1/4 of Section 10 in Town 4 North, Range 2 West, City of Lansing,Ingham County, Michigan, described as; Commencing at the northeast corner of said Section 10; thenceS89°52'W 1595.0 feet along the north line of said section to a point on said section line; thence S 00°08' E 341.0feet to the POINT OF.BEGINNING of this description; thence continuing S 00 2 08' E a distance of 372.0 feet;thence S 89252' W a distance of'190.0 feet; thence N 00e08' W a distance of 130.0 feet; thence S 89252' W adistance of 80.0 feet; thence N 00208' 1N a distance of 242.0 feet; thence N 89252 ' E a distance of 270.0 feet tothe POINT OF BEGINNING, containing 2.07 acres, more or less.

See attached "Exhibit D" drawingShowing the Easement Area

1.• TITLE: GRANTOR has ,good and marketable title to the Easement Area as legallydescribed above, subject to the 'Ingham County Road Commission's rights to and jurisdictionover the David Street Right of Way as a borderline street as well as an easement previouslygranted to the Ingham County Road Commission and acknowledged by GRANTEE, and all otherutility easements and restrictions 'of record.

. 2.

. GRAN-T:-i:r,co_nsider..atiof 4Ltlle_sum of One Million and 00/100 Dollars ($1,000,000.00),

__-Lh-es'ANTEL_mayeuse--the=Easement-4ree te=aews_1ocat es.taua=operaterclear.>_aut, maintain and improve a county storm water drain, including retention/detention ponds, andwater quality improvement and wetland habitat mitigation as required by the Michigan

Department of Environmental Quality. This use shall be non-exclusive. GRANTEE . accepts theEasement Area in the condition existing as of the date of this agreement and the GRANTORmakes no representation or warranty with respect.to the condition of the Easement Area andGRANTOR shall not be liable to GRANTEE for any latent or patent defects in the condition of theEasement Area, GRANTEE does not assume, and shall not be responsible for, any environmentalliability arising from or connected with: (1) site conditions existing on the Easement Area as ofthe date this Agreement is executed; (2) site conditions to the extent caused by or attributableto GRANTOR'S acts or omissions; or (3) site conditions caused by or attributable to the acts oromissions of third parties. GRANTOR has.disclosed any latent or patent defects that it is awareof to the GRANTEE. GRANTEE shall ' have the right, subject to all other provisions of thisEasement, to use the Easement Area vfor a county drain provided that any use is in compliancewith all applicable laws and regulations. The parties recognize that the Property is currentlyused for public park purposes. Except during initial construction of the improvements andrestoration and mitigation activities, nothing herein shall authorize any activity which interfereswith or alters the use of Bancroft Park as a public park and Groesbeck Municipal Golf Course asa public park and municipal golf course.

3. ACCESS: Grantee shall hive access to the county drain through the maintenance garagefacilities of the Groesbeck Municipal Golf Course (off Wood Street) only, and through suchadditional or alternative ingress anal egress routes as the parties may mutually agree. Theparties agree that they will execute an Access and Roadway Easement Agreement forGroesbeck Park Drain contemporaneously with this easement. In the event any gates areplaced on the property, the GRANTEE shall provide keys to the GRANTOR.

4. . CONSTRUCTION PLANS: Prior to commencement of bid letting, GRANTEE shall submit acopy of the final construction plans and bid documentation, prepared at GRANTEE'S expense,to the GRANTOR'S Director of Parks and Recreation. GRANTEE shall commence noconstruction, improvements, soil relocation, restoration, or mitigation activities provided for inany section of this Agreement until administrative approval has been obtained in writing fromthe GRANTOR'S Director of Parks and Recreation. All approvals and permissions required to beobtained from GRANTOR and its Director of Parks and Recreation under the terms of thisAgreement shall not be unreasonably denied, delayed or conditioned, except as otherwiseprovided herein.

5. RIGHT-OF-WAY PERMIT: 'GRANTEE shall.. obtain and maintain any required permit fromthe Ingham County Road Commission for that portion of the project that is within the DavidStreet Right of Way and shall be responsible for refurbishment of the David Street Right of Wayto the satisfaction of the Ingham County Road Commission and the GRANTOR.

6. OTHER PERMITS & GOVERNMENTAL APPROVALS: GRANTEE shall obtain or cause to beobtain-edeatty-permits-or-govemmegii,ap.prievale-rNt-lredeaerLeomply with all environmentalaws and-ru es-as-fhey-relb-Wt-othi5=eas earl

heFMiehiga.a=Departmente-of=Environmenta.l---Quality may require 'conservation easements or restrictive covenants from GRANTOR over the

4

newly created wetlands within the Easement Area, and GRANTOR agrees that a grant of ,anyDEQ requested easement or restrictive Covenant shall not be unreasonably withheld.

'7.

CONSTRUCTION, RESTORATION, AND GOLF COURSE ALTERATIONS: GRANTEE shall•beresponsible. for the cost of all construction and improvements conducted and made on theEasement Area in the exercise of its rights under this Agreement, including moving and/orabandoning any utilities with the approval of the owner of the utility. All of GRANTEE'Sequipment or other property attached to or otherwise.brought onto the Easement Area shall atall times remain personal property of the GRANTEE. At the end of construction, GRANTEE shallbe responsible for site restoration to standards specified in the-construction plans approved inadvance of construction by the City Director of Parks and Recreation. GRANTEE shall beresponsible for any site restoration to standards specified in the approved construction planswhen the park or golf course Is. damaged by GRANTEE'S . vehicles or other equipment. ormaintenance activities, or 'other causes attributable to GRANTEE. GRANTEE shall notpermanently store spoilage on the property without advance written consent of the CityDirector of parks and Recreation. GRANTEE shall construct at its sole expense structures andfacilities on, or alterations to, the Groesbeck Municipal Golf Course as set forth in theconstruction plans approved by the City Director of Parks and Recreation referenced in section4 above. These shall include, minimally, a 7th tee area of raised elevation and to the north of theexisting tee, a new and regraded ` 7th fairway, rough and green complex, bridges capable ofsustaining the weight of golf cart traffic, water control and aeration structure(s), regrading ofthe area northeast ofthe 7th hole fairway pond, a new 6th tee area, and new golf cart pathways.Design of all such structures, facilities and alterations shall be fit for their intended purposes.GRANTEE and GRANTOR shall work with a golf course architect chosen by the GRANTOR'SDirector of Parks and Recreation ' at GRANTOR'S.cost and at its discretion to assure that the golfcourse alterations comply with the above requirements and render the alterations safe for thepublic. Golf Course alterations shall be completed contemporaneously with the drain project.

8. CONSTRUCTION SCHEDULE: GRANTEE shall not construct improvements during the golfseason from April 1 to November 1 of•each year (the "Golf Season"), except that the GRANTEEmay conduct" construction activities between the first September 15 and October 31immediately following commencement of drain construction on the Groesbeck Municipal GolfCourse, in the event drain construction continues into a subsequent Golf Season, the GRANTEEshall pay to the GRANTOR Three Thousand and 00/100 Dollars ($3,000.00) for each day ofinterruption as liquidated damages for lost revenue. GRANTEE may engage in restorativeplanting and related activities during the Golf Season as allowed in writing by the GRANTOR'SDirector of Parks and Recreation. GRANTEE will use its best efforts to minimize interruptionoccasioned by its activities within the Easement Area.

9:-CITY- NITIA-TED I•MP-ROUEMEfNTSThe-jxnrties-recognize-thattbeS8aNTOR may desire toMalter] rnprovem-ents=to=tMProperty,at-th

timre=tlTe=GRANTEEeis=Eendsretingesonstru:cf:ionactivities. Therefore, the GRANTOR may, at its discretion, elect to contract with the GRANTEE

S

or GRANTEE'S contractors for.the construction, procurement, and installation of improvementsto benefit the Property.

10. REPAIRS FOLLOWING CONSTRUCTION: Following the completion of construction,GRANTEE, at its sole cost and expense, shall repair any damage to the . Easement Area to theextent directly caused by GRANTEE, or through GRANTEE'S negligence upon receiving noticefrom 'the GRANTOR. If, following construction of the drain, such repairs are not made in a.workmanlike manner within thirty (30) days, GRANTOR reserves the right to complete therepairs and all costs and expenses incurred shall be paid for by GRANTEE upon presentation ofan invoice.

11. MAIl11TENANCE: , GRANTEE shall, at its .sole cost and expense, maintain the drain inaccordance with the Michigan Drain Code of 1956, as amended (MCL 280.1, et seq.). GRANTEEshall not * allow or place In the Easement Area any debris, dangerous or noxious materials, ormaterials which would create a hazard-'on the GRANTOR'S property or undue interference•with,the GRANTOR'S property rights. The Easement Area shall be kept in a safe condition. Once theconstruction of the county drain is complete, any subsequent material modifications to thedrain shall be subject to the approval of the GRANTOR, Which approval .shall not beunreasonably delayed or refused. This provision shall not preclude GRANTEE from maintaining,repairing or replacing the drain in the ordinary course of its operation. Emergency activities donot require prior written notification; however GRANTEE must notify GRANTOR 'S Director ofParks and Recreation of such emergency activities as soon as reasonably possible.

12. WATER LEVELS: GRANTEE shall be. responsible for the installation and maintenance of,'equipment and facilities to maintain water levels in Easement Areas B and D at elevations not.exceeding those set forth in this paragraph; similarly, GRANTEE shall be responsible for themaintenance of water and pond quality including, if necessary, the installation of aerationdevices and/or such other equipment and facilities as required. The project design assumes thatwater levels in Easement Area B will not rise above eight hundred and sixty five (865.0) feetabove sea level, and assumes that the water levels in Easement Area D will not rise above eighthundred and fifty five (855.0) feet above sea level and will not cause flooding in the DavidStreet Right of Way. Water levels will be kept in compliance with the Michigan Department ofEnvironmental Quality (MDEQ).Permit Number 04-33-0025-P issued to the Ingham CountyDrain 'Commissioner.

13. INSURANCE AND WAIVER:

(a).GRANTEE will require all contractors working on the property to be insured and willrequire liability insurance in the amount of $2,000,000.00 and Worker 's Compensation

- insurance-as-req. .ired-b:y.st-at lav-d:u.0g-the-ter_m tb c9-Asgu_c_tjon contract.

(b). GRANTEE shall provide, or require the contractors'.insurance company to provide, acertificate of insurance .evidencing all coverages and naming the GRANTOR as an additional

6

named insured, if possible, the insurance company's, certificate shall provide that GRANTORshall receive thirty (30) days prior' written notice of any cancellation or material change( "Material Change " is defined as any change to the policy of insurance directly affecting theAgreement herein) which notice shall be sent to the GRANTOR by United States Certified Mail.

(c). Except as set forth in this Agreement, GRANTEE waives all rights of recovery againstthe GRANTOR, and the GRANTOR'S, officers, employees, affiliates, and agents and assumes allrisk of loss for indirect or consequential damages, in connection with this .agreement and use ofthe Easement Area. This waiver extends to any necessary, permitted, or inadvertentinterruptions caused by. the GRANTOR, but GRANTEE does not waive any claim forindemnification, contribution, attorney fees and costs incurred with respect to environmental .liability arising from or connected with:

(1)site conditions existing on the Easement Area as of the date.this Agreement isexecuted; and

(2)site co'nditioris to the extent caused by or attributable to GRANTEE'S acts oromissions.

14. GRANTOR INDEMNIFICATION: GRANTOR agrees to indemnify, hold harmless and paythe cost to defend GRANTEE, its officers, agents, affiliates, insurers, contractors, subcontractorsand employees from any federal or state liability for remedial actions, claims for bodily injury,sickness, disease, death, property damage, economic loss or environmental clean-up to theextent said liability and claims arise from the acts and/or omissions of the GRANTOR its agents,assigns and successors in interest. The GRANTEE reserves the right to bring federal or state costrecovery actions arising out of releases of hazardous substances at the property which areattributable to the GRANTOR its agents, assigns and successors in interest. This paragraph shallnot be construed to require the GRANTOR to indemnify the GRANTEE for any of the tatter 's actsor omissions or those of its officers, agents, affiliates, contractors and subcontractors andemployees. GRANTOR'S obligations to•indemnify, hold harmless and pay the cost to defend asprovided for by this paragraph shall survive any release or termination of this Easement. Withrespect to ciaims•of third parties, this provision is not intended and is not to be construed as awaiver of the defense of governmental immunity otherwise available, nor is it intended to grantthird party beneficiary status' to any person or entity. GRANTOR'S obligation is subject to thefollowing expressed 'limitations: does not extend beyond the limitations placed on amunicipality to indemnify another pursuant to law; it shall not abrogate nor diminish thedefense of governmental or sovereign immunity against•any party; it shall not entitle anotherparty to any claim to 'which the other party would not otherwise be entitled; and, it.shall notinclude GRANTEE'S • negligence,

Any environmental indemnification or hold harmlessobligations are further subjectto'the'limitations set forth in Section 2 of this Agreement.

15--GiFiN EEEf3iVfIVI'EfE;TIO^t:=G'RAfVTEg eê3=to=indem'n'ify, d:efendrrd=save harrniessthe GRANTOR, and the GRANTOR 'S officers, employees, affiliates, and agents ( "Indemnitees")from any loss, loss of use, damage, claim, liability, or expense of any kind, including without

7

limitation, claims for bodily injury, sickness, disease, death, property damage, economic loss, orenvironmental clean-up to the extent said liability and claims arise from the acts and/oromissions of the GRANTEE its agerits, assigns and successors in interest. The GRANTOR reservesthe right to bring federal or state cost recovery actions arising out of releases of hazardoussubstances at the property which are attributable to the GRANTEE its agents, assigns andsuccessors in interest. This paragraph shall not be construed to require the GRANTEE toindemnify the GRANTOR for any of the letter's acts' or omissions orthose.of its officers, agents,affiliates, contractors and subcontractors and employees. GRANTEE'S obligations to indemnify,hold harmless and pay the cost to defend as provided for by this paragraph. shall survive anyrelease or termination of this Easement. With respect to claims of third parties, this provision isnot intended and is not to be construed as a waiver of the defense of governmental immunityotherwise available, nor is it.intended to grant third party beneficiary status to any person orentity. GRANTEE'S obligation is subject to the following expressed limitations: it does notextend beybnd the limitations placed on a municipality to indemnify another pursuant to law; itshall not abrogate nor diminish the defense of governmental or sovereign immunity against anyparty; it shall not entitle another party to any claim to which the other party would nototherwise be entitled; and, it shall not include GRANTOR'S negligence. Any environmentalIndemnification or hold harmless dbiigations are further subject to the limitations set forth inSecti6n 2 of this Agreement.

16. LIENS: GRANTEE shall not permit any liens on the Easement Area for any labor ormaterial furnished GRANTEE in connection with the work performed. Where, for any reason, alien' has been filed against the Easement Area on the basis of work performed for the GRANTEE,GRANTEE shall have the responsibility to contest the vaiidity,nature or amount of any such lien,and, upon the final determination .of such question, shall immediately pay any adversejudgment rendered with all proper costs and charges and shall have the lien released at its ownexpense. GRANTEE shall require cdntractors to provide any legally required bonds.

17.

SIGNAGE: All signage shall be subject to the prior written approval of the GRANTOR'SDirector of Parks and Recreation.

18. , TAXES: If applicable, GRANTEE shall pay any real or personal property taxes, use andoccupancy taxes directly attributable to GRANTEE'S use and occupancy of the Easement Areafor drain purposes..

19. RESERVATION.OF RIGHTS: GRANTOR shall retain all other rights within the EasementArea. GRANTOR also retains the right to use the easement area for other purposes, including,but not limited to, public park and municipal golf course purposes. Except as provided for inthis Agreement, GRANTEE'S new construction shall not interfere with GRANTOR'S existingimprovement-5-and continued-use-far-public-peek-epur-poses-G ,RANTE_E AO-cons.u.lt-lnttt.ILand

ob i GGRANTOR'S approval=before comrnacingany°new =ennstructann-mîre-EasemenfArea.

8

20. THIRD-PARTY WATER TREATMENT AGREEMENTS: GRANTEE shall not be allowed toenter into any agreement with any third party to receive and process contaminated or treatedgroundwater without the prior written consent of the GRANTOR, which consent may bewithheld at GRANTOR 'S sole and unreviewable discretion. In the event the GRANTEE entersinto any agreement with any third party to receive and process contaminated or treatedgroundwater through the Drainage District's facilities on the Property, the District shall requirethat the third-party add the GRANTOR as an Additional Named insured to the third-party'sliability insurance, including any.insurance for environmental hazards, subject to approval as toform by the City. This 'provision shall not apply to any such agreement between the GRANTEEand the GRANTOR by its Board. of Water and Light. .

21. ABANDONMENT: At such time as said easement is no longer used by GRANTEE for thepurposes conveyed herein, the easement will be subject to the release and abandonmentprocedure set forth . in Section 6 of the Michigan 'Drain Code of 1956, as amended (MCL 280.4 .

22. APPLICABLE LAW: This Easement Agreement shall be governed by the laws of the Stateof Michigan. If any provision .of this Easement Agreement is deemed invalid or nonenforceable,.the remainder of this Easement Agreement shall remain in force and to the fullest extentpermitted by law.

23. AMENDMENT: No amendment or modification to any provision of this EasementAgreement shall be valid unless made in writing signed by duly authorized representatives ofthe parties.

24. ENTIRE AGREEMENT: This 'Easement Agreement constitutes the entire agreement andunderstanding between the parties, and shall be binding on and inure to the benefit ofsuccessors and transferees in title,of the respective parties. This Agreement was negotiatedbetween the parties and is therefore deemed to have been mutually drafted by the parties.

25, RELEASE OF PREVIOUS EASEMENT: GRANTEE herein waives and releases any priorexecuted easement or purchase agreement relating to the Property between the parties; andreleases, acquits and forever dischafges its right to bring any claims or actions to recoverdamages from the City of Lansing, and its agents,.servants, successors, heirs, executors,attorneys, administrators, and all other persons, firms, corporations, associations orpartnerships, of and from any and all claims, actions, causes of action, demands, rights,damages, costs, or expenses, whether in law or equity, which the GRANTEE now has or whichmay hereafter accrue on account of or in any way growing out of those prior easements or.purchase agreements.

26.

HEADINGS: The headings assigned to the provisions of this Agreement are for theconvenienee-of the-pa•roes-onlyand_sba.L-P-c.l :e used to control or affect the meaning,construction or applica5iliq =afthose=provisions

9

27. EXEMPTION: This Easement Agreement is exempt from real estate transfer tax pursuantto MCL 207.505(h)(i) and from real estate transfer tax pursuant to the provisions of MCL.207.526(h) (1). • •

Witness the hands of the GRANTEE this day of , A.D. 2009.

GROESBECK PARK DRAIN DRAINAGE DISTRICT

By:

Patrick E. LindemannIngham County Drain Commissioner

STATE OF MICHIGAN ))ss.

COUNTY OF INGHAM )

The foregoing instrument Was acknowledged before me this day of2009, by Patrick E. Lindemann, Ingham County Drain Commissioner, on behalf of

the Groesbeck Park Drain Drainage District.

Notary PublicCounty, Michigan

My Commission expires

Acting in the County of .

Witness the hapds of the GRANTOR this day of , A.D: 2009.

CITY OF LANSING

By: Virg Bernero

Its:

Mayor

.STATE OF MICHIGAN )

.

)ss.COUNTY OF INGHAM )

-1-h=foregomg-i t

-Pit-was-aekn-owl'etigetl=before rue_=th•is .day_of• , 2009, by Virg Bernero, Mayor of the City of Lansing, a

municipal corporation, on behalf of the City of Lansing.

10

Notary PublicCounty, MI

Acting in CountyMy commission expires:

Approved as to form only: .

Lansing City Attorney's Office

Ml\Ingham CDC-9153\Groesliech -0003\City Easements as of October 2009\Fnal Easement City 10 16 09.doc

When Recorded Return To:

Patrick LindemahnIngham County DrainCommissionerPO Box 220, 707 BuhlMason, MI 48854-0220(517) 676-8395

Drafted By:

Donald J. I<ulhanek P49183Assistant City Attorney124 W. Michigan Ave.5ts, FloorLansing, MI 48933(517) 483-4321

11

E H IITi "A"

PARCEL NUMBER:.

NONE

''

PROPERTY OWNER',

CRY OF LANSING

PROPERTY ADDRESS: DAVID STREETLANSING, MI 48906

OWNER'S ADDRESS:

CITY OF LANSING318 N, CAPITOLLANSING, Ml48933

PARCEL DESCRIPTION:

Groesbeck Golf CourseDavid Street Control Structure

.60 foot Easement Description:

A 50 foot Wlde easement that Is part of the Southeast 1 of Section 3 and part of theNortheast % of Section 10 In Town 4 North, Range 2 West, Lansing Township and theCity of Lansing, Ingham County, Michigan, described as; Commencing at the northeastcorner of said Section 10 also being the southeast corner of said Section 3; thenceSB9°52W 1204.0 feet along the section line between said sections to the intersection ofsaid section line and a pond flood control s tructure and the POINT OF BEGINNING ofthis d=. Iptlon. Said 50 fadtwide description Is 25 feet either side of the followingdescribed centeriine;.thce $00°08'E a distance of 334 feet, mom or less-to the northhank of the Groesbeck Golf Course holding pond, the South Right-of-Way of DavidStreet and the POINT OF ENDING containing 0.03 acres, more or less. Said easementIs intended to be oontlguous ib said north bank,

mil ^^:no;f'.-^,•Ê FN;lS. ASSOCIATES, ?.Z

wasramaroa6mphreoring,a wylraa

.erdicarrumsesiceo SHEEPt OF2D12 HGVHiEGN DR.. MUTED .41DB d, M 4=1 C7r.WR71OQFHA PROJECT NO, 02056.OG

EXH T "A"

PARCEL NUMBER:,

NONE ,

PROPERTY OWNER:

'CITY OF LANSING

PROPERTY ADDRESS: DAVID STREETLANSING, M148906

OWNER'S ADDRESS:

CITY OF LANSING318 N, CAPITOLLANSING, MI 48933

SROESEaCK GOLF COURS° DAVID61R... CONTROL 5FRUCTLEE- 50FCOTEASELENTP.OS:_

I

ORTH LINE SECTION 10S00.08'E

' 1

, SS,

P seg6zw izoa,a DAU D S7,M ROW)

1

NORTHEAST CORNER OF SWOON 10TOWN 4 NORTH. RANGE2WEGf

rJ

.15 1141131 rq= I

INGHAMCITY

COUMOFLANSING

, MI1 ASSE SOR'SI PLAT NO SV

GROESBECK GOLF COURSE

& ASSOCIATES, IN41mviro rnota4otp6reertng,move}anglendempoarohltmuirasmi

SHEET 2OF23se9 swenr7riN cw, . outran. w0e1Np, rm a9974. eH7,ea7,ViwSCALE: 1"=200'

FHA PR0JE0T NO; 02056.00

EXHIBIT 'S° ePARCEL NUMBER:,

38-Of-01-226-01I33-01-01226.00133-01-01-204-001

PROPERTY OWNER:

CITY OF LANSING

PROPERTY ADDRESS: GROESBECK GOLF COURSE1600 ORMOND ST.LANSING, MI 48906

LOTS 16&16 ASSESSOR'S PLAT NO, 60DAVID STREETLANSING, M148906

BANCROFTPARK '1330 OTTO ST.LANSING, MI 49806

OWNER'S ADDRESS: •CITY OF LANSING318 N, CAPITOLLANSING, MI48933

PARCEL DESCRIPTION :

Groesbeck Golf Course: Coln 83 feet W. and297feat S. of NE corSaMlon 10, thence S, along W. One WoodSt. to N. line E. Grand River Ave., W. along N. line E Grand River Ave. to S.E. Car. Assessors Plat No. 2, N.to N:E. Cor. said plat, W.1o N.W, cor. said plat, N. along N.&S.1/8 line to point due W. ofBEGINNING, EtoBEGINNiNG; Sec, 10, T4N R21N.

Lots 16 & 16 Assetrsor's Plat No, S0Llber 12, Page 42.

BancroftPark,': E, i 2 of W,1/2 of NE 114 See. 10, T4N, R2W, City or Lansing

STORM DRAIN AND STORM WATER DETENTION EASEMENT

An easement-that Is part Other Northeast % of Section 10 In Town 4 North, Range 2 West, City of Lansing,Ingham County, Michigan, described as; Commencing atthenortheast corner of said Section 10; thenceS89'52W 119825 feet along the north line of said section; thence S0O°08'E 33.0 featta the southright-of-way line of David Street and the north corner common to Lots 16 and 16 of Assessor's Plat No.60and the POINT OF BEGINNING of this description; thence along said right-of-way line N89°52E a distanceof123.75 feat to the northeast comer of said Lot15:thence along the east line of said lot S00612'E adistance of 264,00 feet to the southeast comer of said lot also being the south line of said plat; thence alongsaid line N89°52'E a distance of 1039.6 feet to the west right-of-way line of Wood Street also being thasoutheast-sorrier afseid plat; thence along said line S00°12'E a distance of 310.0 feat; theme S59 °52'W adistance of 470.0 test; thence S00°12'E a distance of 785.0 feet; thence S89052W a distance of 990.0 feat;thence N00'12'W a distance of 870.0 feet thence N89 052'E a distance of 143.0 feat; thence N00312'W adbtanoe of 225.D fast to the southwest corner of Lot 16 of said plat; thence along the west One of said lotN00°12W a distanoa of 284.0 feet to the north line resold plat also being the south right-of-way line ofDavid Street; thence along sold line N89°52'E a distance of 123.75 fast to the north corner common to Lots15 and 16 and the POINT OF BEGINNING, containing 26,24 acres, more or less. Subject to all easementsand restrictions of record, If any,

FilMGESIMMI&A SE IA'.1-ES ING,

ee1m3s^

a ampy

xrguTar psart;hIIs

SHEET I CF2FHA' PROJECT NO.02065.OC

05/15/08

E H TiI "

PARCEL NUMBER:, 33-01-01226-01133-01-01-226=00133-01-01-204-001

PROPERTY OWNER: CITY OF LANSING

PROPERTY ADDRESS: GROESBECK GOLF COURSE1600 ORMOND ST.LANSING, MI48906 '

LOTS 15&16 ASSESSORS PLAT NO. 5QDAVID STREETLANSING, MI 48906

BANCROFT PARK1330 OTTO ST,LANSING, MI49806

NOR EsrgORNet: CIFSE000Nt0,T4N,R 2WGITYOFtANaiH0,mwAGovu ,MI

-

DAVIDST,

(SB'I20VIl)\a8fl•d2'i^! 1193.25'-

N895. --d'NIUP32E

.__^^_-

123,7E

123.76'I

^SOUTN RO.W. UNE r-

IFLOTS - 141

I

t

^!6 ^ 5 d

ASSESSOR'S PLAT NO. SOLIBER 12, PAGE 42

NBS'S2E

N89'EPE143.0' ,"

FLADOGROES ECKOOLPCOUR9_j

I

ELEV.806

CIWO LANSING

I

If

i

zlI

°I30IMInd

I/

960.0'$38'32W

41'K8NNE

C ASSOCIATES, INC,emimmn9Rm;,a an,Nnp.9taveylnpEtersMMpeoedtnofwnarnic aa,en nw✓ yrnaI

lN un.. auras c, •c.I4aWm, MI AO9',9 • 41TTatreelTW

SCALE: 1 '.200'

FHAI PROJECT NO. 02056.O0

OWNER'S ADDRESS: , CITY OF LANSING318 N. CAPITOLLANSING, MI 48933

sLRNOa'E

EA9ENIENT P C 6

NORTH I]NE, CT,ON 10

BANCROFTPARKOITY OF.LANSING

^b1!a

mil =1îCfPJ=

SHEET 2 OF 2

05/13/09

EXH ri" C"

PARCEL NUMBER;

33-01-DI-204-OD1


PROPERTY ADDRESS: BAN CROFT PARK1330 OTTO ST.LANSING, MI 49806

OWNER'S ADDRESS; CITY OF LANSING31 B N. CAPITOLLANSING, M148933

NORTH LINE 8 ECTIDN 1

EtdNCROETPARJ<MY OF LANSING

)

t'''

"

ttI"

/OVERFLOW);POND

A

=TOW22D.0''

DAVID ST.(66' ROW)

S :9i9B5_6

__. 5E0.10

NORTHEAST CORNEROFSECTIONIDtsouyHR.o ,w. LINE . rowii NORTH, RANGE 2 WEST

MY OF LANSINGINOHAI COUNTY, MI

9E0.2 .

SEC, IT

a. AILSaMCIATE9, NEffftungtrimi, eng1riaildrigartftmaidwo Etillihoro smiteI..F7.U3.0N

et= In •1...4eir,=,W.40911. 017.007.110a SHEET 2 OF 2SCALE: 1".=200'

FHA PROJECT NO, 02O56OC

EXEB B MIV"

PARCEL NUMBER:

33-01-01204-001


PROPERTY ADDRESS: BANCROFfT PARK1330 OTTO ST.LANSING, M149808

OWNER'S ADDRESS: CITY OF LANSING. 315 N. CAPITOL

LANSING,-Ml 48933

PARCEL DESCRIPTION:

Groesbeck Golf Course 1 Bancrofgark ,60 foot Easement farOverflow Pipe

A 60 foot wide drainage easement that Is part of the Northeast of Section 10 inTown 4 North, Range 2 West, City of Lansing, Ingham County, Michigan, describedas; Commencing at the northeast corner of said Section '10; thence S89°52W1385.5 feet along-the north line of said section in a point on said section line;thence S00°08'E 681.0 feet to the centerline of the east end of this description, thewest side of the Groesbeck Golf Course Holding Pond and the POINT OFBEGINNING of this description. Said 60ffotwide description Is30feet either sideof the following described centerline; thencit N 80°00'W a distance of 220,0 feet tothe east bank of the Overflow Pond and the POINT OF ENDING containing 0.30acres, more or less, Said easements northerly and southerly.lines are Intended to . ,extend from the Holding Pond's waters edge to the Overflow Pond's waters edge.

& ASSOCIATES, INCemanmrsenml,enpineeair elA*a

mrlltaeaa raBerg = SHEET 1'OF231E$ aOVGCY3N Dq.• au„C O•LAN044 r aaG11.37TT.OGF,^7pGFHA PROJECT NO, 02056.0C

EXGllI:B MtlDIF

PARCEL NUMBER:

33-01-01-204-001


PROPERTY ADDRESS: BANCROET PARK1330 OTTO ST.LANSING, MI 49806

OWNER'S ADDRESS: CITY OF LANSING318 N. CAPITOLLANSING, MI

448933

Groesbeck Golf Course ( Bancroft ParkOverflow Pond and Embankment Easement

An easement that is part of the Northeast 14 of Section 101n Town 4 North, Range 2West, City of Lansing, Ingham County,. Michigan, described as; Commencing at thenortheast comer of said Section 10; thence S89°52'W 1595.0 feet along the northline of said section to a point on said sedan line; thence S 00°08' E 341.0 feet to thePOINT OF BEGINNING of tilts description; thence continuing S 00°08' E a distanceof 372.0 feet; thence S 89°52' W

_a' distance of 190.0 feat; thence N 00 008' W a

distance of 130.0 feet thence S 89052' W a distance of 80.0 feet; thence N 00°08' Wa distance of 242.0 feet; thence N 89°52' E a distance of 270.D feet to the POINT OFBEGINNING, contauing 2,07 acres, more carless.

HENNE• acIQTF^, IN

rn',°

g&kutdeztilpemnt tt etIWO a SHEET1 OF2D18C=renew CR, Aunt . L.MVGf16, MI .ee11, C1naT7.11®FHA PROJECT NO. 02058.0C

,

EXHIBIT lV ir

PARCEL NUMBER:

33-071-0i-204-0i)l


^

^^^T.LANSING, MI me

OWNER'S ADDRESS!. CITY. OF LANSING3V M. CAPITOLLANSING, MI 48933

NORTH LINEGEOTION a-\

DAVID ST.(6S'ROW) S5 8

3E0.2

SEG. 10

SEC.

\-SOUTH R.O.W. LINE

BANCROFT PARKCITY OF LANSING

^

gib

L-

11

,lERFLOW

89,01

30.01

4ROESE0CiGOLFcOURSEMM

.

''

4‘

NORTHEAST CORNER OF 85=0 10TOWN 4 NORTH, RANGE 2 WESTCIT.Y OF LANSINGINGHAM COUNTY, MI

.,

*aa .~

\\

HENNE

SCALE: 1"=200'

FHmPROJECT w0.

M '

---

ACCESS AND ROADWAY EASEMENT AGREEMENT FORGROESBECK PARK DRAIN

"GROESBECK ROADWAY EASEMENT"

City of Lansing, a Michigan municipal corporation,'whose address is.124 West MichiganAvenue, Lansing, Michigan 48933, ("GRANTOR"), for and in consideration of the benefits statedherein,grants . an easement for ingress and egress and. for the construction and improvement ofa roadway to service a•county drain on part.of the GRANTOR'S propertyto the Groesbeck Park.Drain Drainage District; whose address is care of the Ingham County Drain Commissioner, 707Buhl, Mason, Michigan 48854 ("GRANTEE"). Both the GRANTOR-owned property and theEasement Area on that property are described below.

PROPERTY:

The Property owned by the GRANTOR Is contained within Parcel Numbers 3301-01-10-204-001,3301-01-10-226-001, and 3301-01-10-226-011, and within the David Street ROW, and is locatedin the City of Lansing, County of Ingham, State of Michigan, and legally described as:


3301-01-10-226-001 (abuts David St. north of golf course):Lots 15 & 16 Asse'ssor's Plat No. 50Liber 12, Page 42

3301-0140-226-011(GroesbeckGolfCourse):Corn 33 feet West and 297 feet South of NE corner of Section 10, thence South alongWest line of Wood Street to North line of East Grand River Avenue, West along Northline East Grand River•Avenue to SE corner Assessor's Plat No. 2, North to NE Corner saidplat, West to NW corner said plat, North along North & South 1/8 line to point due Westof Beginning, East to Beginning; Sec. 10, T4N R2W.

Said parcel is subject to all easements and restrictions of record, if any.

1

I'

EASEMENT AREA:

An easement over all existing roadways and paths within the Property, including theroadway(s) within the Easement Area as will be agreed upon by the parties during the courseof construction, but as generally represented in the drawings attached as "Exhibit A" and"Exhibit B."

1. TITLE. GRANTOR has good and marketable title to the Easement, Area as legallydescribed above, subject to the Ingham County Road Commission 's rights to, and. jurisdictionover, the David Street Right of Way as a borderline street as well as an easement to the InghamCounty Road Commission, and all other utility easements and restrictions of record.

2. GRANT, The GRANTEE may use the Easement Area to access the county drain, and toconstruct and improve . a.roadway. The roadway shall be at a location approved by.the CityDirector of Parks and Recreation in the approved construction plans. GRANTEE shall have theright, subject to all other provisions of this:Easernent, to use the Easement Area for a roadway,provided that any use . is in compliance with all applicable laws and regulations. This use shallbe non-exclusive. Subject to the terms of this easement, the GRANTOR shall retain all surfaceand subsurface rights, including, but'not limited to, the right to use the Easement Area in itscurrent or developed state as a road to access the GRANTOR'S Property described above.Nothing herein shall authorize any activity which interferes with or alters the use of BancroftPark as a public park and Groesbeck Municipal Golf Course as a public park and municipal golfcourse.

3. OTHER PERMITS&GOVERNMENTAL APPROVAL. GRANTEE shall be responsible for anypermits or governmental approvals required, and GRANTEE is responsible for compliance withall environmental laws and rules as they relate to this easement.

4. ACCEPTANCE. GRANTEE accepts the Easement Area in the condition existing as of thedate of this agreement, and the GRANTOR makes no.representatiori or warranty with respect tothe condition of the Easement Area, and GRANTOR shall not be liable for any latent or patentdefects in the condition of the Easerrient Area. GRANTOR has disclosed any latent or patentdefects that it is aware of to the GRANTEE.

5. ACCESS. Grantee may access this roadway by way of the main entrance to the Property .located at or near the intersection of Otto Street and Taft Street, and by way of the David Streetentrance to the Property. GRANTEE may also access the county drain through the maintenancegarage facilities of the Groesbedk Municipal Golf Course (off Wood Street) only, and throughsuch additional or alternative ingress and egress routes'as the parties may mutually agree.

6. CONSTRUCTION. Prior, to commencement of bid letting, GRANTEE shall submit a copy•°-of he constTa-c-tit p'bans far-ttre=roadwaY.pa- p'- redtat=URAi n-FE sex a e te_tla:EGR-ANF=ORS_.._---

Director of Parks and Recreation, for his written consent and approval, which shall not beunreasonably delayed or refused. GRANTOR'S Director of Parks and Recreation shall also

approve the construction materials to be used as agreed upon by the parties. In any event,approval shall deemed to be granted if no written objections to GRANTEE'S construction plansare served upon the district within fourteen. (14) days of said plans being submitted to'GRANTOR. The construction .plans and construction shall provide barrier free access from thesouth drive through to David Street. GRANTEE acknowledges that construction shall conform .with the approved construction plans.

7.

RESTORATION&MITIGATION. At the end of construction, GRANTEE• shall • beresponsible for site restoration to standards specified in the construction plans approved by theGRANTOR'S Director of Parks and Recreation. GRANTEE shall be responsible for any siterestoration to standards specified in the approved construction plans when the park is

.damaged by GRANTEE'S vehicles or other equipment or maintenance activities, or other causesattributable to GRANTEE. GRANTEE•shall not permanently store spoilage on the Propertywithout prior consent of GRANTOR'S Director of Parks and Recreation, GRANTEE shall not placein the Easement Area any dangerous or noxious materials or materials which would create ahazard on the GRANTOR'S property or undue interference with the GRANTOR 'S property.rights.At minimum, the donstruction plans shall provide for the following restoration and mitigationactivities : '

a. A paved ten foot (10') wide access-road, constructed over earthen two track trailaround the Bancroft Park overflovi. pond, with access from the David Street dead end and theexisting access trail in Bancroft Park. The parties agree that the paved access road is subject tominor changes in alignment of up to five (5) feet, for the purpose of saving as many trees aspossible.

.

b.

An outlook along the paved access road. The outlook shall be on the east side ofthe pond and shall be a deck only.

c,

A boardwalk and deck on the north side of the pond.

d,

At least seven (7) turnouts on the roadway.

e. A three (3) bay parking lot where the west leg of the roadway meets the existingBancroft Park road, with at least one space meeting the size sufficient to be handicapaccessible.

f.

Two (2) interpretive signs on the trails.

g.

Gates at each entryway -to the roadway.

h. The GRANTEE shall only remove the trees necessary for construction of the--roadway-or sa e y of`the ^ti a d=shalt-ro.1. ertreesrrowed=with=tree-s-=of=no=greater-than

2" caliper and of a kind and species agreed upon by the parties. Trees shall riot be removedwithout prior approval of the City.

3

i.

The culvert.at the west side of Bancroft Pond shall be replaced by GRANTEE.

Design and construction of restoration and mitigation improvements shall be at the soleexpense of the GRANTEE,

8. CITY INITIATED IMPROVEMENTS. The parties recognize that the GRANTOR may desire tomake additional improvements to the Easement Area at the same time the GRANTEE isconducting construction activities. Therefore, the GRANTOR may, at its discretion, elect tocontract with the GRANTEE for the construction, procurement, and installation of additionalimprovements to benefitthe Easement Area at GRANTOR'S sole expense.

.

9. REPAIR & REPLACEMENT. Following completion of the construction o.f.th.e drain, and uponwritten notice from GRANTOR, GRANTEE, at its sole cost and expense, shall repair any damageto the Easement Area to the extent directly caused by GRANTEE, or through GRANTEE 'S grossnegligence, including replacement of pavement or concrete in the roadway.. If, .following thecompletion of construction of the drain, repairs are not made in 'a workmanlike manner,GRANTOR shall provide written notice to GRANTEE, and GRANTEE shall make said repairs at itssole cost and expense. If GRANTEE fails to make said repairs within thirty (30). days of writtennotice to GRANTEE, GRANTOR reserves the right to complete the repairs and all reasonablecosts and expenses incurred shall be paid for by GRANTEE upon presentation of an invoice,

10. EQUIPMENT. All of GRANTEE'S equipment or other property attached to or otherwisebrought onto the Easement Area shall at all times remain personal property of the GRANTEE. Ifapplicable, GRANTEE shall pay any. real or personal property taxes, use.and occupancy taxesdirectly attributable to GRANTEE'S use and occupancy of the Easement Area and the countydrain use thereof. In the event any gates are placed on the property, the GRANTEE shallprovide keys to the GRANTOR. '

11. INSURANCE&WAIVER.

(a.). GRANTEE will require all contractors working on the property to be insured and willrequire liability insurance in the' amount of $2,000,000.00 and Worker's Compensationinsurance as required by state law during the term of the construction contract.

(b). GRANTEE shall provide, or require the contractor's insurance company to provide acertificate of insurance evidencingall coverages and naming the GRANTOR as an additionalnamed insured. If possible, the insurance company 's certificate shall provide that GRANTOR willreceive thirty (30) days prior written notice of any cancellation or material change ("MaterialChange" is defined as any change to the policy of insurance directly affecting the Agreement

---fieê'iin)-v^hii:h=notice=sfiall=be=sit-t-cr=^hê'C^rRANTO1t=by=Un^ted=States=Citified=(U.t=ai1

4

(c). GRANTEE waives all rights of recovery against the GRANTOR, and the GRANTOR'Sofficers, employees, affiliates, and agents and assumes all risk of loss for indirect orconsequential damages, in connection with this agreement and use of the Easement Area. This

'includes any necessary, permitted, or inadvertent interruptions caused by the GRANTOR.GRANTEE will instruct its insurance companies to waive any and all rights of subrogation againstGRANTOR and the GRANTOR'S commissioners, employees, and agents, except those caused bynegligence of the GRANTOR or its agents.

12, GRANTEE INDEMNIFICATION:,.GRANTEE agrees to indemnify, defend and save harmlessthe GRANTOR, and the GRANTOR'S, officers, employees, affiliates, and agents from any loss,loss of use, damage, claim, liability, or expense of any kind, including without limitation, claimsfor bodily injury, sickness, disease, death, property damage, economic loss, or environmentalclean-up to the extent said liability and claims arise from the acts and/or omissions of theGRANTEE its agents, assigns and successors in interest. This paragraph shall not be. construed torequire the GRANTEE to indemnify the GRANTOR for any of the latter's acts or omissions orthose of its officers, agents, affiliates, contractors . and subcontractors .and employees.GRANTEE'S obligations to indemnify; hold harmless and pay the cost to defend as provided forby this paragraph shall survive 'any 'release or termination of this Easement. With respect toclaims of third parties, this provision is not intended and is not to be construed as a waiver ofthe defense of governmental immunity otherwise available, nor is it intended to grant thirdparty beneficiary status to any person or entity. GRANTEE'S obligation is subject to thefollowing expressed limitations:. it does hot extend beyond the limitations placed on amunicipality to indemnify another pursuant to law; it shall not abrogate nor diminish thedefense of governmental or sovereign immunity against .any party; it shall not entitle anotherparty to any claim to which the other -party would not otherwise be entitled; and, it shall notinclude GRANTOR'S negligence.

13.

GRANTOR INDEMNIFICATION. GRANTOR agrees to indemnify, hold harmless and pay"- the cost to defend GRANTEE, its officers, agents, affiliates, insurers, contractors, subcontractors

and employees from any federal or state liability for remedial actions, claims for bodily injury,sickness, disease, death, property,damage, economic loss or environmental clean-up to theextent said liability and claims arise from the acts and/or omissions of the GRANTOR its agents,assigns and successors in interest. The GRANTEE reserves:the right to bring federal or state costrecovery actions arising out of releases of hazardous substances at the property which are .attributable to the GRANTOR its agents, assigns and successors in interest. This paragraph shallnot be construed to require the GRANTOR to indemnify the GRANTEE for any of the latter's actsor omissions or those of its officers, agents, affiliates, contractors and subcontractors andemployees. GRANTOR'S obligations to indemnify, hold harmless and pay the cost to defend asprovided for by this paragraph shall survive any release or. termination of this Easement. Withrespect to claims of third parties, this provision is not intended and is not to be construed as awaiver of the defense of governmental immunity otherwise available, nor is it intended to grantthird-party-belTeficiewestatus--Lu e nn ison=or=entity--=GRAN0-ft isirgatron=is=su.bjeat _ta thefollowing expressed limitations: it does not extend beyond the limitations placed on amunicipality to indemnify ' another pursuant to law; it shall not abrogate nor diminish the

5

.defense of governmental or sovereign immunity against any party; it shall not entitle another.party to any claim to which the other party would not otherwise be entitled; and, it shall notinclude GRANTEE'S negligence.

.

14. LIENS. GRANTEE shall not permit any liens on the Easement Area for any labor ormaterial furnished GRANTEE in connection with the work performed. Where, for any reason, alien has been filed against the Easement Area on the basis of work performed for the GRANTEE,5RANTEE shall have the responsibility to contest the validity, nature or amount of any such lien,-and, ' upon the final determination of such question; shall immediately pay any. adversejudgment rendered with all proper•costs and charges and shall have the lien released at its ownexpense.. GRANTEE shall require contractors to provide any legally required bonds.

15. APPLICABLE LAW. This Easement Agreement shall be governed by the laws of the Stateof Michigan. If any provision of this Easement Agreement is deemed invalid or nonenforceable, .the-remainder of this Easement Agreement shall remain. in force to the fullest extent permittedby law. No amendment or modification to any provision of this Easement-Agreement shall bevalid unless made iri-writing.

16. ENTIRE AGREEMENT. This Easement Agreement constitutes the entire agreement andunderstanding between the parties, and shall be binding on and inure to the benefit of . theirsuccessors and transferees in title. This Agreement was negotiated between the parties and isdeemed to have been mutually drafted by them.

17. ABANDONMENT. At such time as this easement is no longer required by GRANTEE for- the purposes conveyed herein, the' easement will be'subject to the release and abandonment

procedure set forth in Section 6 of the Michigan Drain Code of 1956, as amended (MCL 280,6).

18. AMENDMENT., No amendment or modification to any provision of this EasementAgreement shall be valid unless made in writing signed by duly authorized representatives ofthe parties.

19. HEADINGS. The headings assigned to the provisions of this Agreement are for theconvenience of the parties only and shall not .be used to control or affect the meaning,construction, or applicability of those provisions

20. EXEMPTION. This easement is exempt from real estate transfer tax pursuant to MCL207.505(h)(i) and from real estate transfer tax pursuant to the provisions of MCL 207.526(h)(i),

6

Witness the hands of the GRANTEE this , day of , A.D. 2009.

' GROESBECK PARK DRAIN DRAINAGE DISTRICT

By:


STATE OF MICHIGAN))ss.

. COUNTY OF INGHAM)

The foregoing instrument was' acknowledged before me this day of .2009, by Patrick E. Lindemann, Ingham County'Drain Commissioner, on behalf of

.the Groesbeck Park Drain Drainage .District.

Notary PublicCounty, Michigan

My Commission expires Acting in the County of

Witness the hands of the GRANTOR this day of , A.D. 2009.

CITY OF LANSING .

By: Virg.Bernero

Its:

Mayor

7


COUNTY OF INGHAM)

The foregoing instrument was acknowledged before me this , day of, 2009, by Virg Bernero, Mayor of the City of Lansing, a




Approved as to form only:

Lansing City Attorney's Office

W:\I\ingham CDC- 9153\Groesbeck - 0003\City Easements as of October 2009\FInal Roadway Easement City 1016 O9.doc


Patrick Lindemann .Ingham County DrainCommissionerPO Box 220, 707 BuhlMason, MI 48854-0220(517) 676-8395

Drafted By:

Don Kulhanek P49183Assistant City AttorneyCity of Lansing124 W. Michigan Ave.5th floorLansing, M148917

8

5MBIT "Ay"

PARCEL NUMBER:

33-01-01-204-001


PROPERTY ADDRESS: BANCROFT PARK1330 OTTO ST.LANSING, MI 49806

OWNER'S ADDRESS: CITY' OF LANSING318 N. CAPITOLLANSING, MI 48933

SHEET ZOF23125=velum OM BLUM - I-AL10it4e, MI 4 OEM. 1217.067.11172FHA PROJECT NO, 02056.00 November U, 2007

SCALE; "...zoo'

EXHIE T' B"

PARCEL NUMBER

3&01-01 20d-001

PROPERTY OWNER; CITY OF LANSING

PROPERTY ADDRESS; BANCROFTPARK1330 OTTO ST,LANSING, MI 49806

OWNER'S ADDRESS: CITY OF LANSING318 N. CAPITOLLANSING, MI 48933

NORTHEAST CORNER OFSECTION 1TOWN 4 NORTH, RANGE 2 WEST .CITY OF LANSING(NGHAM COUNTY, MI

I

^,yzd

164,0'

3 G

1

I

^

t

rn

t

r1I

t

m Nt

/

11/.m'4

\

R m

OZVLOW}'^' of

I

y -SPPW, 47.0'

1.

'

\^1ti

GROESBECK GOLFCOURSE' POND

'•I

r'

k

N.

j

41

1

& ASEDOI TES, I(~+lD.azrvamunonalirm6eum1n9,mnvlftal wPPnn ahtroserrxw SHEET2CF297ê ROV12RMN OR. •01.10M O .LNmINO, MI46011 • LTJ.01SA41OCFHA PROJECT NO.02055.OC November 16, 2007

^^^0U^

",^"^^^^.^-

PARCELNUMM&

33-01-01-204-001

pROPERTY OWNER: CITY LANSING

PROPERTY ADDRESS: BANCROFT PARK1"D 070 ST.LANSING, MI 49806

OWNER'S ADDRESS: CITY OF LANSINGB N. CAPITOL

LANSING, MI 4893B

NORTH LINE SECTICiN1

DAVID ST.(66- ROW)

am's sm a

NORTMERSTOORNER DV SECTIONS)ASOLTTH MON. LINE TOWN 4 N ORTH, RANIM 2 WEST

CRY OF LANSINGMHM COUNTY, MI

wNcRoFrPARKLANSING JG[TY Or

SCALE: 1 "-200'

Rill, ORA 'REM RE

EXH118M "C"

•4

PARCEL NUMBER:

33-01-01-204-001



OWNER'S ADDRESS: CITY OF LANSING31B N. CAPITOLLANSING,•MI 48933

PARCEL DESCRIPTION:

Groesbeck Golf Course / Bancroft Pad:50foot Easement forOverflow Pipe

A 60 foot wide drainage easement-that Is pert of the Northeast %4 of Section 10 inTown 4 North, Range 2 West, City of Lansing, Ingham County, Michigan, describedas; Cominencing at the northeast corner of said Section 10; thence S89°52'W1385.5 feet along the north line of said section to a point on said section fine;thence SO0°08'E 681.0 feet to the centerline of the east end of this description, thewest side of the Groesbeck Golf Course Holding Pond and the POINT OFBEGINNING of this description. Said 60 foot wide description Is 30 feet either sideOf the following described centerline; thence N 80°00" W a distance of 220.0 feet tothe east bank of the Overflow Pond and the POINT OF ENDING containing 0.30acres, more or less, Said easement's northerly and southerly lines are intended toextend from the Holding Pond's waters edge to the Overflow Pond's waters edge.

HlENd c1E& ASSOCIATES,

llsrinirtmsntal,sesineecinp,wr*r®Star epomnrelissase swim31380 VCFCON Ps.•Pu,1C . LAN&NG,M 41.11v2$17,°L7,11ozFHA PROJECT NO.0205640

SHEET 1 . OF2

RB NE-. 'A5.-SCCIAT, nrninnnmeat.°nph edne,sixerieaaura tapeless 5HEkl'1 OF2Emma oovm m.N ER, -;NES[ P • WwW+. M 4B811 . 5 17.1287.11e0FHA PROJECT NO. 02056.0C

EXHiB ll ' D"

PARCEL NUMBER:

33-0i-01-204-D01


PROPERTY ADDRESS: BANCROF.•T PARK1330 OTTO T.LANSING, MI 49806

OWNER'S ADDRESS: CITY OF LANSING31B N. CAPITOLLANSING, MI 48933

Groesbeck Golf Course J Bancroft ParkOverflow Pond and Embankment Easement

An easement that Is part of the Northeast 1/4 of Section 10 In Town 4 North, Range 2West, City of Lansing, Ingham County,.Mlohlgan, described as; Commencing at thenortheast corner of said Section 10; ihence S89°52'W 1595.0 feet along the northline of said section to a point on said section line; thence S 00°08' E $41,0 feet to thePOINT OF BEGINNING of this description; thence continuing S 00 608' E a distanceof 372.0 feet; thence S 89°52' W a' distance of 190.0 feet; thence N 00°08' W adistance of 130.0ieeir thence S 89°52' W a distance of 80.0 feet; thence N 00°08' Wa distance of 242.0 feet; thence N 89°52' E a distance of 270.0 feet to the POINT OFBEGINNING, containing 2,07 acres, more or less,

r

EXHIBIT "D"

PARCEL NUMBER:

33-01-01204.001



OWNER'S ADDRESS:. CITY OF LANSING318 N. CAPITOLLANSING, MI 48933

NORTH LINESEC IONiDT\

DAVID ST.(8B' ROW)

SEC. 9

BEC.3S89'52w 15S.U --/1SEC. 1D WC,l1

NORTHEAST CORNER ORSECTION 10TOWN 4 NORTH, RANGE 2W ESTCITY OPIANENGINGHAM COUNTY, MI

O.S.

...

E

_3I ._N89.572702

m173

;`'

I

531E 8'E . I•

jI

L-

/OVERFLOW) tS89.52'w] I POND ry--^-_` ! .

80.0'

,

i

Î1300 , •

GROE5BECK GOLF COURSES89°52W

HOLDING POND190.9'

•AI^ n, n mrn r

E.',AssoOl4'TE9, NO,00is'00 antoL

S. Son4ev0m

r4unwtmsS12 9DVFF®GN US, 'SUITED, LA :CND, MI 4E011 IIi7U767.7TmFHA PROJECT NO.02056.OC '

FloBANCROFT PARK

?l

•/CITY OF LANSING

S1M

\-3GUTH SAW. UN!

I

SHEET 2 OF 2SCALE: 7 "=200'

ACCESS AND ROADWAY EASEMENT AGREEMENT FORGROESBECIC PARK DRAIN

'GROESBECKROADWAY EASEMENT"

City of Lansing, a Michigan municipal corporation, whose address is.124 West MichiganAvenue, Lansing, Michigan 48933, ( "GRANTOR" ), for and in consideration of the benefits statedherein,-grants . an easement for ingress and egress and for the construction and improvement ofa roadway to service a'county drain on part.of the GRANTOR'S propertyto the Groesbeck Park.Drain Drainage District; whose address is care of the Ingham County Drain Commissioner, 707Buhl, Mason, Michigan 48854 . ("GRANTEE"). Both the GRANTOR-owned property and theEasement Area on that property are described below.

PROPERTY:

The Property owned by the GRANTOR is contained within Parcel Numbers 3301-01-10-204-001,3301-01-10-226-001, and 3301-01-10-226-011, and within the David Street ROW, and is locatedin the City of Lansing, County of Ingham, State of Michigan, and legally described as:


` 3301-01-10-226-001(abutsDavidSt. north of golf course):Lots 15 & 16 Assessor' s Plat No. 50Liber 12, Page 42

3301-01-10-226-011(Groesbeck Golf Course);Corn 33 feet West and 297 feet South of NE corner of Section 10, thence South alongWest line of Wood Street to North line of East Grand River Avenue, West along Northline East Grand River Avenue to SE corner Assessor's Nat No. 2, North to NE Corner saidplat, West to NW corner said plat, North along North & South 1/8 line to point due Westof Beginning, East to Beginning; Sec. 10, T4N R2W.

Said parcel is subject to all easements and restrictions of record, if any.

1

EASEMENT AREA:

An easement over all existing roadways and paths within the Property, including theroadway(s) within the Easement Area as will be agreed upon by the parties during the courseof construction, but as generally represented in the drawings attached as "Exhibit A" and"Exhibit B."

1. TITLE. GRANTOR has good and marketable title to the Easement Area as legallydescribed above, subject to the Ingham County Road Commission's rights to, and . jurisdictionover, the David Street Right of Way as a borderline street as well as an easement to the InghamCounty Road Commission, and all other utility easements and restrictions of record.

2. GRANT. The GRANTEE may use the Easement Area to access the county drain, and toconstruct and improve•a roadway. The roadway shall be at a location approved by . the CityDirector of Parks and Recreation in the approved construction plans. GRANTEE shall have theright, subject to all other provisions of this:Easement, to use the Easement Area for a roadway,provided that any use . is in compliance with all applicable laws and regulations. This use shallbe non-exclusive. Subject to the terms of this easement, the GRANTOR shall retain all surfaceand subsurface rights, including, but'not limited to, the right to use the Easement Area in itscurrent or developed state as a road to access the GRANTOR 'S Property described above.Nothing herein shall authorize any activity which interferes with or alters the use of BancroftPark as a public park and Groesbeck Municipal Golf Course as a public park and municipal golfcourse,

3. OTHER PERMITS & GOVERNMENTAL APPROVAL. GRANTEE shall be responsible for anypermits or governmental approvals required, and GRANTEE is responsible for compliance withall environmental laws and rules as they relate to this easement.

4. ACCEPTANCE. GRANTEE accepts the Easement Area in the condition existing as of thedate of this agreement, and the GRANTOR makes no.representation or warranty with respect tothe condition of the Easement Area, and GRANTOR shall not be liable for any latent or patentdefects in the condition of the Easerrient Area. GRANTOR has disclosed any latent or patentdefects that it is aware of to the GRANTEE.

5. ACCESS. Grantee may access this roadway by way of the main entrance to the Property .located at or near the intersection of Otto Street and Taft Street, and by way of the David Streetentrance to the Property. GRANTEE may also access the county drain through the maintenancegarage facilities of the Groesbeck Municipal Golf Course (off Wood Street) only, and throughsuch additional or alternative ingress and egress routes'as the parties may mutually agree.

6. CONSTRUCTION. Prior, to commencement of bid letting, GRANTEE shall submit a copy__of theconstr c'tlo-n=ple-r s- or=th-e=roàdWFilrepare°cleat=GWANTEE'St-expenseTtrrth:e_aRA.,NTORS___ .__ __._,_ _.__..:

Director of Parks and Recreation, for his written consent and approval, which shall not beunreasonably delayed or refused. GRANTOR'S Director of Parks and Recreation shall also

n

2

approve the construction materials to be used as agreed upon by the parties. in any event,approval shall deemed to be granted if no written objections to GRANTEE'S construction plansare served upon the district within fourteen . (14) days of said plans being submitted to'GRANTOR. The construction .plans and construction shall provide barrier free access from thesouth drive through to David Street. GRANTEE acknowledges that construction shall conform .with the approved construction plans.

7.

RESTORATION&MITIGATION. At the end of construction, GRANTEE . shall beresponsible for site restoration to standards specified in the construction plans approved by theGRANTOR'S Director of Parks and Recreation. GRANTEE shall be responsible for any siterestoration to standards specified hi the approved construction plans when the park is'damaged by GRANTEE'S vehicles or other equipment or maintenance activities, or other causesattributable to GRANTEE. GRANTEE . 'shall not permanently store spoilage on the Propertywithout prior consent of GRANTOR 'S Director of Parks and Recreation. GRANTEE shall not placein the Easement Area any dangerous or noxious materials or materials which would create ahazard on the GRANTOR'S property or undue interference with the GRANTOR 'S property.rights.At minimum, the donstruction plaris shall provide for the following restoration and mitigationactivities:

a. A paved ten foot (10') wide access road, constructed over earthen two track trailaround the Bancroft Park overflow . pond, with access from the David Street dead end and theexisting access trail in Bancroft Park. The parties agree that the paved access road is subject tominor changes in alignment of up to five (5) feet, for the purpose of saving as many trees aspossible.

-

b.

An outlook alongthe paved access road. The outlook shall be on the east side ofthe pond and shall be a deck only.

c.

A boardwalk and deck on the north side of-the pond.

d.

At least seven (7) turnouts on the roadway.

• e. Athree (3) bay parking lot where the west leg of the roadway meets the existingBancroft Park road, with at least one space meeting the size sufficient to be handicapaccessible.

f.

'Two (2) interpretive signs on the trails.

g.

Gates at each entrywayto the roadway.

h. The GRANTEE shall only remove the trees necessary for construction of the- -roadway-or-safety=of the 'bl

rai l all=re1p-iac trees=ien'oved=with=trees=ot=no=gr--e:a: than2" caliper and of a kind and species agreed upon by the parties. Trees shall not be removedwithout prior approval of the City.

3

The culvert.at the west side of Bancroft Pond shall be replaced by GRANTEE.

Design and construction of restoration and mitigation improvements shall be at the soleexpense of the GRANTEE,

8, CITY INITIATED IMPROVEMENTS. The parties recognize that the GRANTOR may desire tomake additional improvements fo the Easement Area at the same time the GRANTEE isconducting construction activities. Therefore, the GRANTOR may, at its discretion, elect tocontract with the GRANTEE for the construction, procurement, and installation of additionalimprovements to benefit the Easement Area at GRANTOR'S sole expense.

9. REPAIR & REPLACEMENT., Following completion of the construction ofth.e drain, and uponwritten notice from GRANTOR, GRANTEE, at its sole cost and expense, shall repair any damageto the Easement Area to the extent directly caused by GRANTEE, or through GRANTEE'S grossnegligence, including replacement of pavement or concrete in the roadway. If, .following thecompletion of construction of the drain, repairs are not made in 'a workmanlike manner,GRANTOR shall provide written notice to GRANTEE, and GRANTEE shall make said repairs at itssole cost and expense, If GRANTEE fails to make said repairs within thirty (30). days of writtennotice to GRANTEE, GRANTOR reserves the right to complete the repairs and all reasonablecosts and expenses incurred shall be paid for by GRANTEE upon presentation of an invoice,

10. EQUIPMENT. All of GRANTEE'S equipment or other property attached to or otherwisebrought onto the Easement Area shall at all times remain personal property of the GRANTEE. Ifapplicable, GRANTEE shali . pay any real or personal property taxes, use.and occupancy taxesdirectly attributable to GRANTEE'S use and occupancy of the Easement Area and the countydrain use thereof. In the event any gates are placed on the property, the GRANTEE shallprovide keys to the GRANTOR.

11.

INSURANCE&WAIVER.

(a.). GRANTEE will require all contractors working on the property to be insured and willrequire liability insurance in the' amount of $2,000,000.00 and Worker 's Compensationinsurance as required by state law during the term of the construction contract.

(b). GRANTEE shall provide, or require the contractor's insurance company to provide acertificate of insurance evidencing all coverages and naming the GRANTOR as an additionalclamed insured. If possible, the insurance company's certificate shall provide that GRANTOR willreceive thirty (30) days prior written notice of any cancellation or material change ( "MaterialChange" is defined as any change to the policy of insurance directly affecting the Agreement

- --- heheî)-vwhich=notree=shall=be-sent^to Ghe'C^ A ' =Oby=Clnr ed 5tatGerCfi^d=Marl

4

(c). GRANTEE waives all rights of recovery against the GRANTOR, and the GRANTOR 'Sofficers, employees, affiliates, and agents and assumes all risk of loss for indirect orconsequential damages, in connection with this agreement and use of the Easement Area, This'includes any necessary, permitted, or inadvertent interruptions caused by the GRANTOR.GRANTEE will instruct its insurance companies to waive any and all rights of subrogation againstGRANTOR and the GRANTOR'S commissioners, employees, and agents, except those caused bynegligence of the GRANTOR or its agents.

12. GRANTEE 1NDEMNIFICATION;..GRANTEE agrees to indemnify, defend and save harmlessthe GRANTOR, and the GRANTOR'S, officers, employees, affiliates, and agents from any loss,loss of use, damage; claim, liability, or expense of any kind, including without limitation, claimsfor bodily injury, sickness, disease, death, property damage, economic loss, or environmentalclean-up to the extent said liability and claims arise from the acts and/or omissions of theGRANTEE its agents, assigns and successors in interest. This paragraph shall not be. construed torequire the GRANTEE to indemnify the GRANTOR for any of the latter's acts or omissions orthose of its officers, agents, affiliates, contractors and subcontractors .and employees.GRANTEE'S obligations to indemnify; hold harmless and pay the cost to defend as provided forby this paragraph shall survive ny 'releese or termination of this Easement. With respect toclaims of-third parties, this provision is not intended and is not to be construed as a waiver.of.the defense of governmental immunity otherwise available; nor is it intended to grant thirdparty beneficiary status to any person or entity. GRANTEE'S obligation is subject to thefollowing expressed limitations:. it does not extend beyond the limitations placed on amunicipality to indemnify another pursuant to law; it shall not abrogate nor diminish thedefense of governmental or sovereign immunity against any party; it shall not entitle anotherparty to any claim to which the other -party would not otherwise be entitled; and, it shall notinclude GRANTOR'S negligence.

13. GRANTOR INDEMNIFICATION. GRANTOR agrees to indemnify, hold harmless and paythe cost to defend GRANTEE, its officers, agents, affiliates, insurers, contractors, subcontractorsand employees from any federal or state liability for remedial actions, claims for bodily injury,sickness, disease, death, property.,damage, economic loss or environmental clean-up to theextent said liability and claims arise•from the acts and/or omissions of the GRANTOR its agents,assigns and successors in interest. The GRANTEE reserves:the'right to bring federal or state costrecovery actions arising out of releases of hazardous substances at the property which are ,attributable to the GRANTOR its agents, assigns and successors in interest. 'This paragraph shallnot be construed to require the GRANTOR to indemnify the GRANTEE for any of the latter's actsor omissions or those of its officers, agents, affiliates, contractors and subcontractors andemployees. GRANTOR'S obligations to indemnify, hold harmless and pay the cost to defend asprovided for by this paragraph shall survive any release or. termination of this Easement. Withrespect to claims of third parties, this provision is not intended and is not to be construed as awaiver of the defense of governmental immunity otherwise available, nor is it intended to grant-thirdWt- -be'riefici'ar-y=•statuseto=anyi-YEiison=or=entity e-RANTCS(3 -ol5li- on=ts=subêct_to:thefollowing expressed limitations: it does not extend beyond the limitations placed on amunicipality to indemnify another pursuant to law; it shall not abrogate nor diminish the

5

.defense of governmental or sovereign immunity against any party; it shall not entitle anotherparty to any claim to which the other party would not otherwise be entitled; and, it shall notinclude GRANTEE'S negligence.

.

14, LIENS. GRANTEE shall not permit any liens on the Easement Area for any labor ormaterial furnished GRANTEE in connection with the work performed. Where, for any reason, alien has been filed against the Easement Area on the basis of work performed for the GRANTEE,GRANTEE shall have the responsibility to contest the validity, nature or amount of any such lien,-and, upon the final determination of such question; shall immediately pay any . adverse...'judgment rendered with all proper.costs and charges and shall have the lien released at its ownexpense.. GRANTEE shall require contractors to provide any legally required bonds.

15. APPLICABLE LAW. This Easement Agreement shall be governed by the laws of the Stateof Michigan. If any provision of this Easement Agreement is deemed invalid or nonenforceable,the . remainder of this Easement Agreement shall remain. in force to the fullest extent permittedby law. No amendment or modification to any provision of this Easement-Agreement shall bevalid unless made inwriting.

16. ENTIRE AGREEMENT. This Easement Agreement constitutes the entire agreement andunderstanding between -die parties, and shall be binding on and inure to the benefit of,theirsuccessors and transferees in title. This Agreement was negotiated between the parties and isdeemed to have been mutually drafted by them,

17. ABANDONMENT. At Such time as this easement is no longer required by GRANTEE forthe purposes conveyed herein, the' easement will be subject to the release and abandonmentprocedure set forth in Section 6 of the Michigan Drain Code of 1956, as amended (MCL 280.6).

18. AMENDMENT-. No amendment or modification to any provision of this EasementAgreement shall be valid unless made in writing signed by duly authorized representatives ofthe parties.

-

19. HEADINGS., The headings assigned to the provisions of this Agreement are for theconvenience of the parties only and shall not .be used to control or affect the meaning,construction, or applicability of those provisions

20. EXEMPTION. This easement is exempt from real estate transfer tax pursuant to MCL207.505(h)(i) and from real estate transfer tax pursuant to the provisions of MCL 207.526(h)(i).

6

Witness the hands of the GRANTEE this day of , A.D. 2009.

GROESBECK PARK DRAIN DRAINAGE DISTRICT

By:


STATE OF MICHIGAN))ss.

. COUNTY OF INGHAM)

The foregoing instrument w4 'acknowledged before me this day of, 2009, by Patrick E. Lindemann, Ingham County'Drain Commissioner, on behalf of

.the Groesbeck Park Drain Drainage.District.

Notary Public

-County, Michigan

My Commission expires _ Acting in the County of

Witness the hands of the GRANTOR this , day of , A.D. 2009.

CITY OF LANSING .

By:Virg.Bernero

Its:

Mayor

7


COUNTY OF INGHAM)

The foregoing instrument was acknowledged before me this day of2009, by Virg Bernero, Mayor of the City of Lansing, a




Approved as to form only:

Lansing City Attorney' s Office

W:\I\ingham CDC- 9153\ Groesbeck - 0003\City Easements as of October 2009\ Final Roadway Easement City 1016 09.doc


Patrick Lindemann .Ingham County DrainCommissionerPO Box 220, 707 BuhlMason, Ml48854-0220(517) 676-8395

Drafted By:

Don Kulhanek P49183Assistant City AttorneyCity of Lansing124 W. Michigan Ave.5th floorLansing, MI 48917

8

EXHIlBlIT "A"

PARCEL NUMBER33 01-01-204 001

PROPERTY OWNER; CITY OF LANSING


OWNER'S ADDRESS: CITY OF LANSING398 N, CAPITOLLANSING, MI 48933

ASEIC:IMIATIEB, 11%1=anvIrntsmantal, Etgitu;ating, ctrivybyj &.1aldscapa arc:hhlctun sorvlm g131 =I:5 =Vglit:13N OH, •1SUITg O . 1..At.ttllli, MI 415,311 •13191557.111:0FHA PROJECT NO00205&.OC November 16, 2007

SH-'.ET 2 OP 2

SCALE: i "=200 '

EXEGGEG @ "13"

PARCEL NUMBER: 33 01-D7-204.001

PROPERTY OWNER: C1TY OF LANSING

PROPERTY ADDRESS; BANCROFTPARK1330 OTTO ST,LANSING, M149806

OWNER'S ADDRESS: CITY OF LANSING318 N. CAPITOLLANSING, MI46933

A8=clf4"6ES, INC,a:whom0risl,enolns •inzawv0ylnol8rgl*00turererOzEs.1140 80149.i9asl DA. r IMAM.. LIJVZININ C,, MIMI 4 46x11 • 14W.o119.11CCFHA PROJECT NO. 02055.00 November 16, 2007

BANCROFT PARK CENTERLINEEASEMENT FOR 10' WIDETRAIL P.O.E.0

SBS'52W

DAVID ST,y

_ °

^,1254.42

wilco ye _

NORTHEAST CORNER OF SECTION 1TOWN 4 NORTH, RANGE 2 WESTCITY OF LANSINGINGHAM COUNTY, MI

SHEET2 OF 2

.y


Act-7-2009Groesbeck Drain Easement

The Lansing City Council will hold a public hearing on Monday, March 8, 2010, at7:00 p.m. in Council Chambers, 10th Floor, Lansing City Hall, 124 W. MichiganAve., Lansing, MI, to consider Act-7-2009. This is a request by the InghamCounty Drain Commission that the City grant an easement for Groesbeck Drainimprovements on City property:

Act-7-09 involves easements within Lansing Board of Water and Light propertyon Lake Lansing Road in Lansing Township. These easements are for stormdrainage facilities to carry storm water from the northeast, primarily LansingTownship, to David Street and the golf course, where it will be treated by naturalmeans in the retention ponds, and ultimately discharged into the Grand Riverthrough an existing storm drain.

For more information about this cases, phone City Council Offices on Citybusiness days, Monday through Friday, between 8 a.m. and 5 p.m. at 483-4177.If you are interested in this matter, please attend the public hearing or send arepresentative. Written comments will be accepted between 8 a.m. and 5 p.m.on City business days if received before 5 p.m., Monday, March 8, 2010, at theCity Council Offices, Tenth Floor, City Hall, 124 West Michigan Ave., Lansing, MI48933-1696.


Act-7-09, Groesbeck Drain, Easement for Groesbeck Drain

Page '1

GENERAL INFORMATION

APPLICANT: Lansing Board of Water and Light1232 Haco Drive, P.O, Box 13007Lansing, MI

48901

STATUS OF APPLICANT: The BWL holds this property in the name of the City ofLansing

EXISTING LAND USE: Former BWL Landfill (ashes from power generation)

EXISTING ZONING: Lansing Township "G" General Business

PROPOSED ZONING: None

PROPERTY SIZE & SHAPE: Irregular shaped (See legal description)

SURROUNDING - LAND USE: N:.S:E:W:

Lansing Township-Mixed usesSingle/Two Family Residential DistrictSingle/Multi Family Residential /Lansing TownshipSingle Family.Residential District

SURROUNDING ZONING: N:

S:E:W:

Lansing Township- Industrial, Commercial, Office,PUD"A" /"B"PC' Residential Districts"A"/"B" Residential District"A"P"13" Residential District

MASTER PLAN DESIGNATION:

The 'subject property is located in Lansing Township and iszoned for general business ("G" business). Thesurrounding area in the City of Lansing consists primarily ofsingle/two-family residential uses and parks/open space.

CASE HISTORY .This is a revision bf an earlier proposal by the Drain Commissioner for Groesbeck Drainimprovements on the subject BWL property and the Groesbeck Golf Course. That proposalcalled for a series of ponds on the BWL site for the majority of "polishing" the stormwater influent,and detention/retention ponds on the golf course. ["Polishing" is the process that allows bacteria,metals, nutrients and total suspended solids (TSS) to be removed naturally, and is considered tobe a "best stormwater management practice."]

While that proposal was approved (Act-14-04 and Act-4 707), the proposal ended up beingunworkable because the space requirements of the fly ash pit, and the necessity for a slurry walland other environmental protection measures, left insufficient room for the ponds that wereproposed.

tU-_•L^L ENT PROPOSAL The current proposal"incorporates-the`majorityofth^ polishing =withm=the Ta-ter-featur• ft-l golT---course (Act-3-09), and the BWL portion is for an easement for stormwater to flow southeastwardinto the golf course. The Planning Board recommended approval of the golf course easement(Act-3-09) at its April 7, 2009 meeting, with the understanding that the exact details will be

Act-7-09, Groesbeck Drain, Easement for-Groesbeck Drain

- Page 2

determined in the golf course design process. The easement will accommodate a channel or• underground pipe, and carry stormwater from points north and east, primarily in Lansing

Township, to the Groesbeck Golf Course, , where the stormwater is incorporated into waterfeatures for the golf course. The subject easement contains approximately 5.24 acres. It isirregular in shape, running SE from Lake Lansing Road, turning eastward, for approx. I DOD ft.,then turning southward for almost 780 feet to the centerline of David Street (see map).

AGENCY RESPONSES -

No agency objections were received to the earlier proposal a few years ago.

Agency Referrals for this proposal were distributed on September 23, with responses requestedby October 5, 2009. The responses received are listed below.

Assessors:

No response received as yet,

BWL:

The BWL is obviously in favor of the grant. However, please notethat the easement document as submitted for review is not final.The following-particulars are yet to be finalized:4.

-Legal description (believe it is missing the last corner detail)2.

Reference to the 2007 easement grant presents a problemas it is•inside of the Slurry wall area. The BWL cannot agree to.convey with this item outstanding.

No response received as yet.

No comment.



No comment,

No response received as jiet: -

The Fire Marshall's Office does not have any issues relating to thisissue.



b on_police issue.

This easement does not affect any public sewers, roadways, orsidewalks maintained by the City' Public Service Dept. Thereforewe have no comments.

Building Safety:

No comment.

City Attorney:

Code Compliance:

Co mcast

Consumers Energy:

Development

North Town NeighborhoodOrganization:

Fire Marshal:

AT&T:

Parks and Rec.

Police:

Public Service:

Act-7-09, Groesbeck Drain, Easement for Groesbeck Drain

Page 3

ITrans. Engr.:

The Transportation and Parking Office has no comments on, orrequirements for, the above captioned topic,

BACKGROUND:This is th'e continuation of the request to acquire the property necessary to complete theGroesbeck Drain project, The most recent request was initiated in 2006 (ACT-14-06), aneasement for the continued use of the ponds in both the Groesbeck Golf course and BancroftPark.

These proposals work togetherto allow the Ingham County Drain Commission to maintain theponds in the overall character of the Bancroft and Groesbeqk Parks, while using the area for stormwater and flood control.

ANALYSISAn Act 285 Review is conducted in accordance with Section 208 of the Administration Code whenthe City purchases, sells or substantially changes the use of property, According to Section125.36 of the-Municipal Planning Act (P.A. 285 of 1931, as amended), the location, character, and ,extent of the proposal must be evaluated. The following is a review of the project in accordancewith these standards.

LOCATION

The proposed drain easement is narrow, and is located along the eastern edge of the BWLproperty on Lake Lansing Road in Lansing Township. Its effect on the subject property and thesurrounding properties is expected to be minimal.

CHARACTER: .

The character of the area which is primarily residential, open space, and parkland will not changeas a direct result of the drain easement. There will be an overall improvement to the environmentas a result of acquiring the easement.

EXTENT

This easement is necessary for the Ingham County Drain Commission (ICDC) to construct andmaintain the storm water system, as it is currently designed, to filter storm-water runoffcontainments in a low-impact, environmentally friendly way. It would improve drainage of LakeLansing Road. The Groesbeck Park Drain District would be responsible for the maintenance ofthe drain and the associated improvements.

SUMMA

The Ingham County Drain Commissioner has determined that the Groesbeck Drain will besignificantly enhanced by the installation'ofthe improvements, as proposed. The environment'will

Act-7.09, Groesbeck Drain, Easement for Groesbeck . Drain • • • •

Page 4

be further protected by the cleansing of storm-water run-off that is relieved of harmful fluids andparticulate matter that will rest in the ponds located throughout the drain system.

STAFF REGOIVIIVIENDATION

Staff recommends approval of Act-7-09, as requested by Board of Water and Light, subject to thenecessary revisions and editing of the easement document.

P:\PLANNING OFFICE\Oase ManagemenOAct 285'RevieWs12009 Acls\O9act07 - BWL Groesbeck Easemen0Act 7-09 Staff ReporLdoc

r•

1- Act 285 Application dated August 6, 2009,

Beginning at the southeast corner of a surveyed parcel as recorded in Liber 5, Pages 461-464of the Certified Survey Maps of Ingham County, Michigan; thence along the south line of thatparcel S 89°59 '24 " W 167.46 ft,; thence along the top of slope (east side) of a Lansing Boardof Water and Light First Flush Basin N 00°14'30" W 287.19 ft. to a point 5 ft. southeasterly ofthe centerline.gf a below grade :slurry wall; thence along a line 5 ft, southeasterly, easterly,northerly and northeasterly of•the Centerline of that slurry wall the following term •(1O) courses: N-14°39 ' 18 " E 19.44 ft.; thence N 00°06'00" W 365.95 fit.; thence N 66°13'16' W 102.04 ft.;thence N 89°29'09 " W 150.32 ft.; thence S 89°24'35" W 164.38 ft.; thence S 88°29'25" W2'35; f0t.•; tfiehê7^3^11"1N=138 60#:!terse`-5 8 ^°^4'-0-1-0^1; 55

Fcerrc .37°41'11 " W 632.35 ft.; thence S 88°52'02" W 6.91 ft.; thence along a line departing from theline 5 ft, from the centerline of the below grade slurry wall N 40°54'00" W 128.41 ft. to thesoutheasterly sideline of Lake Lansing Road; thence along said road sideline N 49°06'00" E43,16 ft, to a corner of the surveyed parcel noted above; thence along sidelines of the notedsurveyed parcel the following three courses: S 40°54'00" E 727.41 ft.; thence N 89°54'00" E .1018,433 ft.; thence S 00°06'00" E 778.01 ft. to the Point of Beginning, containing 5.24 acres or"land, more or less, and subject to a right of way for road purposes over the South 33 ft. of thisparcel as recorded in Liber 296, Page 226 of Ingham County, Michigan deeds, and subject toany and all other easements and restrictions of record.

'

Cup P(at c .f.' Ideal Go.rclen Farms

L6-t 18 Lot 28A

757.80'

Wletand Pork -S 0UNon

Planning Board Minutes

October 6, 2009

Page 2 of 3

A.

Consent Items

1.

Minutes for Approval: September 15, 2009 .

The minutes of September '15, 2009 were approved withoutobjection.

2.

P-1-2007, Final Plat, Valencia Blvd.

P-1-2007, Final Plat, Valencia Blvd. was approved withoutobjection.

3.

Act-7-2009, Groesbeck Drain- Easement on BWL Property

Act-7-2009., Groesbeck Drain, Easement on BWL Property wasapproved Without objection.

B.

Committee Reports -None

1. ZONING AND ORDINANCE COMMITTEE

2. URBAN DEVELOPMENT COMMITTEE

3, COMMITTEE OF THE WHOLE

4.

EXECUTIVE COMMITTEE

C.

Old Business

..Pending Items: Future action required _

1. Zoninq and Ordinance Committee2.

Urban Development Committeea. Master Plan Project

3. Committee of the Wholea. SLU-5-20D8, 528 N. Pine Street

4. Planninq Board

3.____NEW BUSINESS - None

•u

WAi i atlGEi-

November 6, 2009

Mayor Virg Bernero124 W Michigan Ave # 9Lansing, MI 48933-2500

Re: Groesbeck Easement Conveyance . . .

Dear Mayor Bernero,

Enclosed please find the easement that the Lansing Board of Water & Light (LBWL)proposes to convey to the'Ingham County Drainage District. This proposed conveyanceinvolves property that was previously declared surplus on May23, 2006 in LBWLResolution 2006-5-1, Consistent with the Board's previous declaration and Board Policy17-01, I am authorized and recommend the conveyance of the enclosed easement to theIngham County Drainage District. The above referenced resolution and policy is alsoenclosed with this letter.

Please to do not hesitate to contact my office with any questions or concerns.

'^

tSincervb, 7

3. Peter Lark

.101SIRi OW PE` PLE.I9OME OWN POWER.

EASEMENT FOR GROESBECK PARK DRAIN

For and in consideration of the prospective benefits to be derived from the maintenanceand improvement of the Groesbeck Park Drain ("Drain"), a county drain under the jurisdiction ofPatrick Lindemann, Ingham County Drain Commissioner, whose address is P.O. Box 220, 707Buhl, Mason, Michigan 48854-0220;

City of Lansing by its Board of Water and Light, a nvmicipal corporation, whose addressis P.O. Box 13007, Lansing, MI 48901, who is the owner of lands ("Landowner") described inExhibit A now conveys and releases to the Groesbeck Park Drain Drainage District ("District")an easement for purposes of construction, operation, maintenance and improvement of said Drain

• over and across land owned by Landowner. This easement shall also be for the uses and purposesof storm water and flood control, and storage of water within the detention area, with such rightsof entry upon, passage over, and storing of equipment and materials including excavated earth asmay be necessary or useful for the construction, maintenance and improvement of said Drain,detention area and access road or route. The land subject to this easement is described anddepicted in the attached Exhibit A. ("Easement Area")

This easement is also granted for purposes of construction and maintenance of an accessroad or route for ingress and egress to be utilized for the construction, operation, maintenanceand improvement of the Drain and detention area, within the limits of the.easement descriptioncontained in Exhibit A together with rights of access over and across said road or route providedits use is in compliance with all applicable laws and regulations. Except as otherwise providedfor in this easement, the District shall be responsible for any permits or governmental approvalsrequired and for compliance with all environmental laws and rules applicable to the exercise ofthe lights granted by this easement.

This conveyance shall also be deemed sufficient to vest in the District an easement oversaid area described in Exhibit A for the clearing of the Easement Area and the spreading and/orremoval of spoil and excavated materials.

Upon Landowner's request, the District shall construct and maintain, at its expense, afence £s 12ul

11t: and 1y e_as that h_ exrsts-at-the-thee-this-easement is-exeeuted..: The _ .... .. . location of the fence and any gates will be approved by the Landowner befoie coiisfru.ctionbegins. Landowner may request that the fence have an access gate that will be locked when not

1

in use. If so requested, the District shall install the access' gate at its expense and provideLandowner with a key for the gate lock.

Landowner shall retain rights within the Easement Area to access, maintain, operate andprotect existing and future monitoring wells. Landowner also retains the right to use theEasement Area for other purposes, including, but not limited to, the construction, operation 'andmaintenance of electric or water utility lines, poles, and facilities provided that Landowner's newconstruction shall not interfere with communicated improvements under construction, orconstructed by the District as of the date Landowner undertakes its new construction.Landowner will consult with and obtain the District's written approval before commencing anynew construction in the Easement Area. Such approval shall not be unreasonably delayed orwithheld.

The parties acknowledge that Landowner has been and is currently subject to theregulatory jurisdiction of the Michigan Department of Environmental Quality ("MDEQ"), isobligated by the terns and conditions of a landfill closure plan, and is engaged in remediationefforts required by the MDEQ. These obligations and efforts include but are not limited to. theinstallation, maintenance and accessibility of monitoring wells, the construction and maintenanceof a slurry wall, and the imposition of a restrictive covenant on the property subject to. theeasement granted herein. Accordingly, Landowner and the District agree:

(a) Landowner shall use its best efforts in working with the District to release anyrestrictions that would prevent or limit the District's exercise of rights under thiseasement which may include, but not be limited to, applying for, and taking suchadditional measures as reasonably necessary to process to decision, a request to theIvIDEQ or other appropriate regulatory authority to release any restrictions that wouldprevent or limit the District's exercise of its rights under this easement includingrestrictions imposed by a Declaration of Restrictive Covenant dated September 23,1993, and recorded with the Ingham County Register of Deeds at Liber 2216, Pages414-416. In the event that any restriction cannot be released, the Drain Commissionershall be released from any and all .obligations under this Easement and the partiesshall execute that certain easement for roadway access approved by the Committee ofthe Whole, City Council of the City of Lansing through resolution #007 on January14, 2008, except.that the legal description of the easement property shall be modifiedto .comport with the legal description in Exhibit B which shall be subject to applicableDEQ approval.

(b) If Landowner is hereafter required to locate new monitoring wells in the EasementArea or relocate existing monitoring wells to the Easement Area, such location orrelocation shall occur in a maimer that is the alternative least invasive to the rightsgranted to the District under this Easement to the extent reasonably necessary, subjectto MDEQ approval.

(c)The District shall have the right to use and naaiiitaiii, at its post; arty tivell's locatedwithin the Easement Area as long as those wells are not required for monitoringpurposes by the IV0)EQ or other regulatory authority.

2

The office of the Ingham County Drain Commissioner normally requires a percentage ofa parcel to be set aside for stone water detention before development will be perniittecl on thatparcel, As further consideration for this, conveyance, the office of the Ingham County DrainCommissioner has agreed that it will not require Landowner, or Landowner's heirs, assigns, orsuccessors, to install any storm water detention on the Landowner's Property. The office of theIngham County Drain Commissioner also normally requires that Landowner install and maintainfirst flush and polishing systems. For purposes of this Easement and drain project, the Districtagrees to install and maintain a first flush and polishing system within the Easement Area for useby the Landowner, provided that the location of the discharge of Landowner's storm water intothe. system must be approved by the Commissioner, and that the maintenance of the fast flushand polishing system shall be at the District's expense. Nothing in this paragraph shall restrictthe Commissioners ability to assess as provided by law.

The District will require all contractors v rorldng on the property to be insured and willrequire liability insurance in the amount of $2;000,000.00 and Worker's Compensation insuranceas required by state law during the term of the construction contract. It shall require . thecontractors' insurance company to issue a certificate of insurance evidencing all coverage andnaming the Landowner as an additional insured. The District shall also require that Landownerreceive .thirty (30) days prior written notice .of any cancellation or material change ("MaterialChange" is defined as any change to the policy of insurance directly affecting this agreement)which notice shall be sent to the Landowner by United States Certified Mail.

Except as set forth in this easement, the District waives all rights of recovery against theCity of Lansing, Landowner, and the Landowner's commissioners, officers, employees;affiliates, and agents and assumes all risk of loss for indirect or consequential damages, in.connection with this easement and use of the Easement Area. This waiver includes anynecessary, permitted, or inadvertent interruptions caused by the Landowner but does not waiveany claim by the District for indemnification, contribution, attorney fees and costs incurred withrespect to environmental liability arising from or connected with; (1) site conditions existing onLandowner's property as of the date this easement is executed and; (2) site conditions caused byLandowner's acts or omissions.

Projects undertaken by the District within the Easement Area shall not interfere with, orcause damage to, Landowner's environmental remediation efforts, including but not limited toLandowner's monitoring wells and slurry wall. To facilitate compliance with this provision, theLandowner will provide the District with a written description of those efforts and the Districtwill design and plan all projects to avoid interference with them. A copy of the District'sconstruction plans (which includes additionally requested information by the Landownernecessary to permit Landowner to evaluate the construction plans) will be provided toLandowner for review and approval before construction is bid. Said approval shall not beumeaahalal'Y=witlalreld=atld=L-anclovrner:shall-only with.held.-approval.of.tlae-coust-ructiornplansif . those plans would have the effect of r^terfeziiig v^%ith; or causiiig danâge-to; L iidowiief'senvironmental remediation efforts, including, but not limited to, Landowner's monitoring wellsand slurry wall. Any plan design changes that occur subsequent to bid must be resubmitted to

3

Landowner for approval, subject to the terms of this paragraph. In any event, approval shalldeemed to be granted if no written objections to the District's construction plans are served uponthe district within fourteen (14) days of said plans and/or requested information being submittedto Landowner. Once the Drain is complete, any subsequent work on the Drain shall be performedin accordance with the Michigan Drain Code of 1956 (MCL 280.1 et seq.), and/or any applicableamendments, revisions or replacements of its statutory provisions. For any subsequentmodifications, other than routine maintenance to the Drain, a . copy of the District's constructionplans will be provided to Landowner before construction is commenced,

The District accepts the Easement Area in the condition existing as of the date thiseasement is executed.

The District shall, at its sole cost and expense, maintain the . Drain in accordance with theprovisions of the Michigan Drain Code and/or any applicable amendments, revisions orreplacements of its statutory provisions. To the extent not limited by the foregoing provisions oflaw, the District shall lceep the'easenaent area free of debris and anything of a dangerous; noxiousor offensive nature or which. would create a hazard on the Landowner's property or cause undueinterference with the landowner's property rights.

Following the completion of construction, the District, at its sole cost and expense, shallrepair any damage to the.Landownees property (which includes the Easement Area) to the extentdirectly caused by the Drainage District, its agents or assigns, within thirty (30) days after receiptof a written notice from the Landowner identifying the damage that needs repair. If such repairsare not made in a manner that meets industry standards within 30 days after receipt of that noticethe Landowner reserves the right to complete the repairs and all reasonable costs and expensesincurred for those repairs shall be paid for, or reimbursed by, the District. All of the District'sequipment or other property attached to or otherwise brought onto the easement area shall at alltimes remain the personal property of the District. The District shall pay any applicable real orpersonal property taxes, use or occupancy taxes directly attributable to the District's use andoccupancy of the easement area and the county drain use thereof.

The Landowner agrees to indermnify, hold harmless and pay the cost to defend theDistrict, its officers, agents, affiliates, insurers, contractors, subcontractors and employees fromany federal or state liability for remedial actions, claims for bodily injury, sickness, disease,death, property damage, economic loss or environmental clean-up to the extent said liability andclaims are currently the responsibility of the Landowner or arise from the subsequent acts and/oromissions the Landowner, its agents, assigns and successors in interest. The District reserves theright to bring federal or state cost recovery actions against the owner of the property arising outof releases of hazardous substances .at the property which are attributable to the Landowner, itsagents, assigns and successors in interest. This paragraph shall not be construed to require theLandowner to indemnify the District, its officers, agents, affiliates, contractors andsubcontractors and employees for any act, action or omission of the District, its officers, agents;affilates; contractors and esubc-ontraetors-and err loyees. With Fesp..eeot to-slain s_o_. thir:d_p.arties,this--p" ovi'sou is riot iriterirlecl aiid is riot to

.fie..coristiuecl' as a waiverTof "tlie .defense -ofgovernmental immunity otherwise available nor is it intended to grant third party beneficiarystatus to any person or entity.

4

The District agrees to indemnify and hold Landowner, its officers, agents, affiliates,insurers contractors and subcontractors and employees harmless from any federal or stateliability for remedial actions, claims for bodily injury, sickness, disease, death, property damage,economic loss or environmental clean-up to the extent caused by the District's construction,installation, operation, maintenance, use, removal or condition of the Drain or the District'sfailure to comply with any federal, state or local statute, ordinance or regulation. This paragraphshall not be construed to require the District to indemnify the Landowner or the City of Lansingfor any . of the latter's acts or omissions or those of their officers, agents, affiliates, contractorsand subcontractors and employees. With respect to claims of third parties, this provision is notintended and is not to be construed as a waiver of the defense of governmental otherwise available nor is it intended to grant third party beneficiary status to any person orentity.

The District shall not permit any liens on the Easement Area for any labor or materialfurnished to it in connection with the work performed. If, for any reason, a lien is filed againstthe Easement Area on the basis of work performed, the District shall have the responsibility tocontest the validity, nature or amount of that lien and, upon a final adjudication or otherresolution of the issues presented, promptly satisfy, at its own expense, all amounts necessary tohave that lien released.

Subject to the conditions set forth in this paragraph, the District will permit Landowner todischarge landfill extraction water ("Extraction Water") to the Drain on a variable or continuousbasis. Said discharge will be at a point or location designated.or approved by the Ingham CountyDrain Commissioner. Such approval shall not be unreasonably withheld. To the extent theIngham County Drain Commissioner cannot reasonably approve Landowner's requesteddischarge point, the Ingham County Drain Commissioner shall work in good faith to reasonablyaccommodate the Landowner's request. If Landowner's discharge of .Extraction Water is 30gallons per minute or less, that discharge will be permitted after receipt of a one-time fee of$100.00. If the Landowner discharges Extraction Water to the Drain at a rate in excess of 30gallons per minute, that discharge will be allowed if excess capacity is then available. Forpurposes of this provision excess capacity is defined to mean the time during which the stormwater contribution to the flow in the District pipe is less than seventy-five percent (75%) of suchpipe's design.flow. All Landowner's discharges of Extraction Water to the Drain shall complywith the National Pollutant Discharge Elimination System (NPDES) permit issued for suchdischarges, and all other regulatory permits and requirements. The Landowner shall, to thefullest extent allowed by law, pay the cost to defend, indemnify and hold harmless the District,itq • officers, agents, employees and insurers against any liability loss, damage, demand,governmental action, citation, cause of action, or expense of whatever nature connected with theLandowner's failure to comply with the water quality standards applicable to its discharges to theD n othing-contained-this-E-:garment-. shall-ofsect-the-amen t-of',_or_liability_to _•p ay fox,assessments levied against 'Landowner, the City of Lansing of tliei successdis iixtere'st withrespect to the Groesbeck Park Drain.

5

The termination, conveyance or release of the easement granted herein . shall be subject tothe provisions of the Michigan Drain Code and/or any applicable amendments, revisions orreplacements of its statutory provisions.

Landowner currently operates water lines, electrical lines and communication lines on theproperty owned by it (including within the Easement Area) and may have the need to installadditional facilities on the subject property. Immediate access to any of these existing and futurefacilities may be necessary at any tivie. For the protection of Landowner's curzent and futureinfrastructure on, under, or over the 'Easement Area, prior to commencing any constructionactivities, the District or its agent shall contact the "Miss Dig" service for utility marking andnotification purposes.

This Easement Agreement shall be binding upon City of Lansing, its Board of Water andLight and the District, their heirs, assigns, successors in interest and in office, and it is deemed torun with the land in perpetuity.

All notices required to be given to the grantee under the terms of this easement shall beaddressed to: Groesbeck Park Drain Drainage District, Patrick Lindemann, Ingham County DrainCommissioner, P.O. Box 220, 707 Buhl, Mason, Michigan 48854-0220. All notices required tobe given to the grantor under the terms of this easement shall be addressed to: City of Lansing,Board of Water and Light, P.O. Box 13007, Lansing, MI 48901.

This Easement Agreement is exempt from real estate transfer tax pursuant to MCL207.505(h)(i) and from real estate transfer tax pursuant to the provisions of MCL 207.526(h)(i).

Dated:

City of Lansing

By: . Virg BemeroIts:

Mayor

STATE OF MICHIGAN

COUNTY OF

On this day of , 2009, before me, a Notary Public in and for saidCounty, personally appeared , Mayor and authorized representative on behalf of Cityof Lansing, and its Board of Water and Light, to me known to be the person described in and whoexecuted the foregoing instrument and acknowledged. the same to be his free act and deed.

Notary PublicOouut^_-Miehitrau . .

My Commission Expires: Acting in the County of

6

When Recorded Return To:Patrick LindemannIngham County Drain CommissionerPO Box 220, 707 BuhlMason, Michigan 48854-0220(517) 676-8395

Drafted Bv:Patrick LindemannIngham County Drain CommissionerPO Box 220, 707 BuhlMason, Michigan 48854-0220(517) 676-8395WAR Ingham CDC - 9153\Groesbeck - 0003\LBWL\Finai Drait\Final BWL Drat October 29, 2009.doc

7

OWNER: Lansing Board of Water and Light

EXI IIII T "A" .

PARCEL NUMBER: 33-2i-09-03-451 .008

•

PROPERT ADDRESS: 1595 Lake Lansing Road, Lardring, M1hfgan 48912

OWNER'S ADDRESS: 1232 Haw Drive, Lansing, Michigan 48012

P.ARGEL.DESCRIPTION :That part of Thu South :t of Section S,'Town 4 North, Rangy 2 Woe. Lansing Townehip, htghamCmmty, MIchlr.,, iitngkrmtitg tia4 *nth 4 wilier Gf silk sa ki 4, ancn running Ong the Southaso1on line (Nicrfh lin g of Franklin Height„ as racnrdod In Llbn^G•II('Piats, on emits 4, inpirarn Countyrecords) NBEK9'OO"'St, "^,rt;110 heat ra ftw 8outhaitat comer o(Wialand Park Subdivision, as recordedIn Libe-7 of Ptatc, on Page 22, Ingham Canny recordc, thane aiarrmthe East ltrta of soldsubdkvlalon Mori B'OO"E, 737.80 toot to polfit2LQ,«Q iectfrom iiio;o rttorllnn of Lake Lansing Road,ata measuredalong WieiendPark SatdlrizJ:r., Waring ,59P :7'OC"E 51.00 fax:, ahonoa Matti MOM.MI6 fee" to the waterline of Latm Lansing Road, thence along said nr tedine N44'01'30"E, 452.24Mat thenno perpetwicular to said cs nhwikae 840'50'350E, 780.29 feat thence NSE°!i8 40"5,1017.75feet to a point on the West firm oft a 8uperviser's Ptak of Moat Gs'dcn Farms, an raoardad In Libor 12of Plats on page 3C, Ingham County moods, thence Wong said West Ifno'S00'04^C"E, 77&01 feat toa point on the South ,action lino, said pofrt also being on the North line of Maoaaar's. Piat Ho. 50, as ,roam:lad In Libor 12 of Plats on Page 42, k'lgftsm County remain, thence along said seotton tine858'82'00"iK, 1554.51 icx to the Polrii of Beginning. ConlslnlnO 4028:cas of Land, more a less.&ega t In all e=_--n nt and rasbiciiana o:moor.

STORMDRAIN AND STORMWATER';DTN IOit;EASEMEf?1T :That part of the Sotath'faAr

Lori Tom 4 Mast, :Rana 2Woo:, Lansing Tawnahip, InghamCounty, IllnhIpen, oc.omsneinp at the *out: Si earner of said radian th.rro slung Cse.sarrth asodonlino al said a mmttty3' F05'' 10i3,sr too ; tin= K00'04'24"W33.00 feat to the north right-of-wayline of David Snug: and tn'Pointat` Bagtnning.oftiris dwaipdon; thence N.45'04'20'E21E, ae foe4thence N14M5c 5"E 123.36 fsey meow tdaa'a C 2a E 35C -PI, feet; thane N191'9b'4t3'ÎL` 51.OO tackthanes 8EE' !56'4L"Vf PR+14In-a •i1ten5e 3' 40!'

'N'if 040,74bary then= S4G'41'30"dt? 10.002 ;thence N4fi'S1"30"W 110.00 Tao.te ndtne eouihaastruly. right.oi.wayline aaLako Lansing Imo; thencealong said fine 1349'013IrE aO.oa ina; man= s4a°SC'30"E721aa fosq titans Na£'3B'4A"E 1017.75ia1t1SO ti pine An 1tlnaeast lbw of the 5uparviaa'"a Pied of Ideal Csardan Pangs, as recorded In LIb.r 12o:F:Plai;, Raga 96, Irlgham County reaoedc; thane along said fins S00'Q4'2 'E 745.01 feet:3 the northriglil.o f r a y ling :or D vid etmot; theme atortm matt lino 3110'.51'OU"W SSt:88 *Wt to that Pchft of.Dagl nning, aonin1rairW 4.53 ammo, more or less and subject to all easemenfa and restrictions ofrecord, Wally.

STORM. DRAIN • :CCF.SS, IIVi;RES5 -AND EO:RE5S t:ASEMetff::That port.cif 'ths'Souti, 15taf a'aetion2, -:f own4 North, T#angc2 Wes;, I loan g Townahl{s, InghamCyu»#yr Miohlgan, cammwnaltlo gt'Pte:BBouth• 9r>arner•srf-nnld aecticn.; thanes along the south sectionline of said notion N> '1,"i 6 E 1222.02 Twat; ;itionce N00`1?4"•2li'. it 5.88 Blotto 'the In ortfofight.o Twiny

line of David Strsat liwnce KyS"Or, 2G"E 2K5 6 ioat;, 'tharscc N14'10'40."•E 1fM50:flaoi;:thoncoNO0'04'20'E 385.22 Rat thane HSf'35'45 140.9T fast to the Point of Beginning of-thin Oncription;thence 3!2'&$'40"W 842.71 fuck thsnoo N4O'55'30' 514 ,11 hulk thence N48'01'30'E 10.00 foot,thence S4O'SE 30'5 415.741eek thence Nt 'SSA¢ E 52454 fee; Maim 561 .30'45"510.00 fast to thePoint of Beginning, oanminlnfl 2.20 arose, more or lean and subject to all eaaamente and raafslctkmsof record, If any.

mitaretwad,awiti. • tan* 10 ionisation erafeiastara *trims09x6 tmva,Mat oq, .020%10 • 1- ++ePRi. MI .laatl • a7.^.^'4^ SHEET' I OF3

0G-15,09Fl-tAl # 0205B.O

EXH9^1B "A"

PARCEL NUMBER: 33.21-01-03-4Si-0,05

OWWER: Lansing Saud of Watir and Light

PROPERTY ADDRESS: 1500 Lake Lansing Road, Lansing, iNiehigan 4S812

DWMER'S ADDRESS:. 4232 Haco Drive, E anair , M chBgan 49912

;S!

M. •,C,SSO.Of4TS, .IN .tauiv-draaras':r{,zccayos

&k

ssxesdralit

roaeidaad SHEET 2 OF 39'f ra savee•Oion OR. , was a - LANMMO MI êet•I . e17.1eP ttCO 05-15-08

FHAI # 0205SM

11,5F42'00',ES5.'

East line .ni .Wletant F'ar3: ahdLrsicn,an =mono in ! no' a o ?too, onRn a !IR. , Goi my rnco oJ

rm

a

^!

r ling of Fr.00o 'rlalrht:,or. warder,! 4r. I:Ipar 911'104,on Page

fnsmoro County toccata.

Elk

OWNER: Lansing En ard of Water and Light

EnOBET "A"PARCELNUMBER: 33.21.01A3 -00

.

PROPERTY ADDRESS: 1500 Lake Lansing Road, Lansing, Michigan 48912

OWNER'S ADDRESS: 1 232 Waco Drive, Lansing, MLIligan 48912

: EEa. ASSPOiATES ir

a

interline/--CtJakt Longing

Road (66 'SOW)

54048'80''itJ55Am

\

4,EADIf'-'\ f, ' . :50,06'

5,ivat, dim...of Wieland 'Pork Sititi tviNianivaat,riiad

Xlhar 7..tsi Mold, anPR9P

iaghanr Dm* r=?rttih

Nur.l.hlinrl;iagtl >i, ingh?m DwnlY rt ';ir rbi•

354340' it89'52'09''S 122-tiat.FI 5929'00- Ail -1%,

Srarlh

at'Serdian .'7iSloth R Comm..

Sea.

T4N, R2W,Lrauikig Twp,

kigham Ca. Michigan

varodria4imakarrivii,oirvakilitiodootlia aralliaosraimeaetO On ItTe LI .1...nalNIZO. M

OT7AI67.11aD SHEET 3 OF 305-15-09FHAI # 02056.00

XXm X l X

Legal description for the Alternate referenced in easement document

' Commencing at the'/ Corner common to Sections 3 & 10, T. 4 N., R. 2 W, InghamCounty, Michigan; thence along the south line of Section 3 N 89°29' W 353 ft. to thesoutheast corner of Wieland Park Subdivision; thence along the east line of Wieland ParkSubdivision N 00°18' E 757,80 ft.; thence S 89°42' E 51 ft.; thence N 00°18' E 295.16 ft. tothe centerline of Lake Lansing Road; thence along said road centerline N 49°01'30" E455.24 ft.; thence S 40°58'30" E 33 ft. to the Easement Area Point of Beginning, said P.O.B.being on the southeasterly sideline of Lake Lansing Road: thence S 40°58'30" E 727.29 ft.;thence S 49°01'30" W 50.00 ft.; thence N 40°58'30" W 387.24 ft.; thence N 49°01'30" E 10.00 ft.;thence N 40°58'30" W 230.05 ft.; thence S 49°01 ' 30" W 10.00 ft.; thence N 40°58'30" W 110.00 ft.to the sideline of Lake Lansing Road; thence along said road sideline N 49°01'30" E 50.00 ft. tothe Easement Area Point of Beginning.

,i.;itt,1.-, City r_st.,c4

ofdrt'1 14. ?I11

'na!f, .Tit!itf?s^- ".neo,' labor f"Jatefiy imPnoo l.foot 15tvd %`cffnttd 14rii??-t2t e,;ii; Rt,.•n A.:10

BWL POLICY CONCERNING REAL PROPERTY MATTERS

17-01 Easements Granted To Governmental EntitiesThe General Manager is authorized to release or grant easements with other governmental entities wherethe stated value does not exceed $10,000.00, subject to the applicable provisions of the Lansing City 'Charter,

Resa1rt.icin=B;t5 ;:Approval of Sale of .a'P•ortion .ofthe North Lansing

Landfill Property to the Groesbeck Drain Drainage District

RESOLVED, that the Board of Commissioners hereby declares surplusapproximately ten acres on the southeasterly portion of the North Lansing Landfillproperty (the Parcel), leaving approximately thirty acres remaining in BWL hands.

FURTHER RESOLVED, that the Board of Commissioners approves the sale ofthe Parcel to the Groesbeck Drain Drainage District (District) in accordance with...the following terms:

1. A purchase price of $200,000;

2. The BWL would grant the District an easement for a 100 foot stripalong the property to install a detention system; this easement wouldallow the BWL to retain ownership of 100 feet within the waste mass;

3. in consideration for the easement, the District would permit the BWL,under defined circumstances, to discharge water meeting an NPDESpermit into the Drain for a one-time fee of $100;

4. On the easement property, the District will bear all liability andindemnify the BWL against any liability loss or expense arising in anyway from the District's use of the easement;

5. There would be no additional detention required on the remaining thirtyacres;

'

6. The District will limit its design to use a pipe in the existing roadbedarea so the roadbed could continue to be used as a road in the future,The BWL will give the District a non-exclusive easement to use theroad and the District will pay proportionate maintenance costs;

7. The District shall construct and maintain a fence separating the Parcelfrom the remaining property;

8. The BWL would retain the right to use the Parcel for monitoring wellsand electrical and water distribution system in a manner that does notcan.flict_wittathe_Distdc.t us_e;

9. The District will bear the cost of capping the water facility on the Parcelat the main and removing the equipment, The equipment shall bereturned to the BWL.

FURTHER RESOLVED, that the BWL will obtain a new appraisal on the entire40 acre North Lansing. Landfill .property. The .new appraisal will . take into .consideration the impact of the use of the ten acres by the District for. wetlandsand detention. The new appraisal must demonstrate that the incrementalincrease .in the value of the remaining thirty acres exceeds any incrementalincrease, exceeding $200,000, in what the ten-acre parcel would be appraised atfor highest and best use. If the appraisal does not so demonstrate, theCommissioner's approval is stayed for further evaluation.

FURTHER RESOLVED, that a .Purchase and Sale Agreement memorializingthese terms shall be sent to the Lansing City Council for approval.

Motion by Commissioner Calkins, seconded by Commissioner Rios, to adoptResolution 2006-5-1 regarding approval of the sale of a portion of the NorthLansing Landfill property to the Groesbeck Drain Drainage District.

Action: Carried unanimously.

, CERTIFICATION

1, M. Denise Griffin, Corporate Secretary of the Lansing Board•ofWater and Light, hereby certify that the foregoing is a true andcomplete copy of Resolution #2006-5-1 adopted by the Board ofWater and Light Commissioners of the City of Lansing, Michigan, ata regular meeting, held on the 23rd day of May, 2006. A quorumwas present and notice of said meeting was given in accordancewith the Open Meetings Act. This resolution is still in full force andeffect.

Certified this 6' day of November, 2009.

.,14

Jo_M. Denise GriffinCorporate SecretaryLansing Board of Water & Light

zLrA


The Lansing City Council will hold a public hearing on March 8, 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 502 E. GrandRiver., Lansing, Michigan, legally described as follows:

LOTS 5, 6 AND W 1/2 LOT 4 BLOCK 15 ORIG PLAT

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 AndreaRagan, Economic Development Corporation of the City of Lansing, 401 SWashington Sq, Suite 100, Lansing, MI 48933, 517-483-4140.


August 19, 2009 RECEIVE

AUG 24t2g09

ECONOMIC DEVELOPMENT CO ELansing City Clerk

City Hall124 West Michigan Ave.

Lansing, MI 48933

Re: Obsolete Property Rehabilitation Act District Application

502 E. Grand River Avenue

General Project Description

The undersigned applicant, being the owner of the above property, hereby requests the

establishment of an OPRA District covering the property. The building has been vacant

for several years. It was originally built as a church in 1918 and was home to the First

United Methodist congregation until the mid 1960s and was later home to the

Bethlehem Temple. It was last used as a church in the mid 1990s and was converted toan alcoholic beverage serving establishment, the Temple Club, in 2001. After theTemple Club closed, the property was foreclosed on by a lender and the building sat

vacant. The applicant recently purchased the property and intends to refurbish the

building and offer it for lease as professional office or commercial space. The extensive

renovations to the building will include an elevator as well as significant exterior and

interior features of the property.

District Establishment Purpose

In an effort to maximize the utility value of the functionally obsolete building, the

applicant is committed to provide a quality commercial facility. In that context, and as

more fully detailed below, the purchaser will incur considerable renovation costs. The

establishment of the OPRA District, with its multi-year property tax deferment benefit,

would provide an excellent inducement to the developer. It would allow the applicant tocreate attractive, high quality office space in an area of Lansing that is looking toaccelerate its redevelopment process. This inducement would greatly ease the financialand logistical challenges of the renovation undertaking while creating new space thatwill attract and retain businesses in Lansing.

Community Benefits

Redevelopment of the building would provide numerous benefits to the City. While thespecific facility would undergo considerable renovation, the entire area would benefitfrom the added consumer activity. The OPRA designation will allow the applicant toattract new businesses to the area and allow him to show his commitment to thesurrounding community. The applicant has previously completed other redevelopmentprojects in Lansing. The completion of this project should also generate added interestby professional firms interested in locating in the Old Town area.

Basis of Eligibility

As to the eligibility of this project under the OPRA legislation, investigation of theproperty by Maria Irish, City Assessor, resulted in the finding that the property located at502 E. Grand River Ave., parcel identification 333-01-01-09-427-002 meets thedefinisition of functional obsolescence. Functionally obsolete property is property that is"unable to be used to adequately perform the function for which it was intended due to asubstantial loss in value resulting from factors such as overcapacity, changes intechnology, deficiencies or super inadequacies in design, or other similar factors thataffect the property itself or the property's relationship with other surrounding property."MCL 125.2652(p)(2002).

Ms. Irish's inspection of the property revealed physical deterioration resulting fromdeferred maintenance, both interior and exterior, with water damage to the interior from

roof leakage. She also found that the property suffers from functional obsolescence

requiring modernization and from superadequacy of design.

Project Costs and Phasing

The OPRA tax abatement is a significant component of the funding of this project. The

petitioner has estimated the renovation costs at $ 655,400. Renovations are scheduled

to be completed by April 15, 2010. The renovation estimate includes:

Architectural and Engineering: $25,000.00Demolition and Clean-up $15,100.00

SitelParking Improvements $45,300.00

Masonry and Exterior Coatings $18,500.00

Window Replacement $110,000.00

Roof and Flashings $22,800.00Interior Reconstruction (Build-out) $192,500.00

a. Steel Structuresb. Partition Framing

Drywall/Plaster

Insulation (Sound and Thermal)

Doors/Frames/Hardwaref.

Millwork and Trim

g.

Ceilingsh. Glass and Glazing

Paints and Coatings

j•

Specialties

k.

Floor Finishes

Elevator $71,000.00Mechanicals (Plumbing/HVAC) $62,000.00Fire Suppression $21,000.00

Electrical/Low Voltage $30,700.00

c.

d.

e.

Construction Management

$51,500.00

Property Taxable Value and Legal Description

This proposal covers two and one half lots in the Old Town neighborhood which arelisted under the single address of 502 E. Grand River Avenue in the City of Lansing'sAssessment records. Specifics on this property are as follows:

502 E. Grand River AvenueOwner's Name: Old Town Temple, LLCAcreage of Land: .45Sq Feet of Building: Approximately 14,300Tax ID Number: 33-01-01-09-427-002Tax Value Land: $20,500 (2009)SEV Value Land: $41,000 (2009)Tax Value Building: $302,500 (2009)SEV Value Building: $605,000 (2009)Legal Description: The West'/ of Lot 4, entire Lots 5 & 6, Block 15, original plat, City

of Lansing, as recorded in Liber 2 of Plats, Pages 36, 37, and 38, Ingham County Records.

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

Sincerely,

A an H. HooperManaging Member, Old Town Temple, LLC

1

T47


The Lansing City Council will hold a public hearing on March 8, 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, 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 502 E Grand River, Lansing, Michigan, but more particularly described asfollows: LOTS 5, 6 & W 1/2 LOT 4 BLOCK 15 ORIG PLAT

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 Andrea Ragan, Economic Development Corporation of the City of Lansing,401 S. Washington Sq. Ste 100, Lansing, MI, 48933, 517-483-4140.


Michigan Department of Treasury 2 ( ZOOS3674 (Rev. B-07)

AUG. 2 1Y lr

Application for Obsolete Property Rehabilitation Exemption Certificate

t^^ ^^ppt^f CORP.This form Is Issued as provided by Public Act 146 of 2000, as amended. This application should be filed after the district is estabM pro^^c(till'not 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 State Tax Commission.INSTRUCTIONS: 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 Exenptionr,,^Fhe followingmust be provided to the local government unit as attachments to this application: (a) General description of the obaolet te'faciiity (yearbuilt, original use, most recent use, number of stories, square footage); (b) General description of the proposed use .of thh ;ehabiliiatedfacility, (c) Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriptive lists f theleDed l'i Tidingequipment that will be a part of the rehabilitated facility, (e) A time schedule for undertaking and completing the^^;ehab'pJ 'ation' o'f) thefacility, (f) A statement of the economic advantages expected from the exemption. A statement from the assessoE,•gf the.-local r Uiit ofgovernment, describing the required obsolescence has been met for this building, is required with each application-•Rehabilitation••rnaycommence after establishment of district.

--it'.Applicant (Company) Name (applicant must be the OWNER of the facility) tee,

`-LOld Town Temple, LLCCompany Mailing address (No. and street, P.O. Box, City, State, ZIP Coda) ti!

Ore

1213 Center Street, Suite A, Lansing, Michigan 48906Location of obsolete facility (No. and street, City, State, ZIP Code)502 E. Grand River, Lansing, Michigan 48906City, Township, Village (indicate which)City

CountyIngham

Data of Commencement of Rehabilitation (mmlddlyyyy)10/15/2009

Planned date of Completion of Rehabilitation(mm/ddiyyyy) 04/15/2010

School District where facility is located (Include school code)33020

Estimated Cost of Rehabilitation$645,400.00

Number of years exemption requested Attach Legal description of Obsolete Property on separatesheet12

Expected project likelihood (check all that apply):X

Increase Commercial activity

I l l Retain employment

I kI Revitalize urban areas

x

Create employment

Prevent a loss of employment

Increase number of residents in thecommunity in which the facility is situated

Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected construction employment 40Each year, the State Treasurer may approve 25 additional reductions of half the school operating and state education taxes for a period not to exceed six years, Check thefollowing box if you wish to be considered for this exclusion.

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 2000.may 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 Compiled 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 Property Rehabilitation Exemption Certificate by the StateTax Commission.Name of Company Officer (no authorized agents) Telephone Number Fax NumberAlan Hooper (517) 202-6572 (517) 702-0477Mailing Address

48906Email [email protected] Center Street, Suite A, Lansing, MI

Sign ure

f

mpany 0 leer (no authorized agents) TitleManaging Member

LOC GOVERNMEN UNIT CLERK CERTIFICATIONThe Clerk must also complete arts 1, 2 and 4 on Page 2. Part 3 is to be completed by the Assessor.SignatureCk Date application received

8/10/2009

:lilSWIMPMOM.FlRn?RRur !SEI'!ruk!2!;a'F

Application NumberR9 rAifYfi Ea^'CA

Date Received•=.^^.,.^ . ,

a,G-e,:,r^r.;{a? Jrxr,^„x;•;"!w^dêtl " "I'^'!' i'F R'. î =,

.,^}s c^ccY"!' ?h. .r ^. Lr..

,-

.l•

k.r,.^.e. •

n.

11.

ro

^.. ,. ^

-

• -air

^„.,44dliW_,sa,....o.

^.4.. .,a^.at_^^

LUCI Code

3674, Page 2

LOCAL GOVERNMENT ACTIONThis section is to be completed by the clerk of the local governing unit before submitting the application to the State 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 State Assessor's Board. All sections must be completed in order to process.PART 1: ACTION TAKEN

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

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

Action Date:Exemption Approved for , Years, ending December 30, (not to exceed 12 years)

DeniedDate District Established

LUCI Code

School Code

A statement that the local unit is a Qualified Local Governmental Unit.A statement that the Obsolete Property Rehabilitation District waslegally established including the data established and the date ofhearing as provided by section 3 of Public Act 146 of 2000.A statement indicating whether the taxable value of the propertyproposed to be exempt plus the aggregate taxable value of propertyalready exempt under Public Act 146 of 2000 and under Public Act 196of 1974 (tFT's) exceeds 5% of the total taxable value of the unit.A statement of the factors, criteria and objectives, if any, necessary forextending the exemption, when the certificate is for less than 12 years.A statement that the application was approved at a public hearing asprovided by section 4(2) of Public Act 146 of 2000 including the date ofthe hearing.A statement that the applicant Is not delinquent In any taxes related tothe facility.If it exceeds 5% (see above), a statement that exceeding 5% will nothave the effect of substantially impeding the operation of the QualifiedLocal Governmental Unit or of impairing the financial soundness of anaffected taxing unit.A statement that all of the items described under "Instructions" (a)through (f) of the Application for Obsolete Property RehabilitationExemption Certificate have been provided to the Qualified LocalGovernmental Unit by the applicant.

A statement that the application is for obsolete property as defined insection 2(h) of Public Act 146 of 2000.A statement that the commencement of the rehabilitation of the facilitydid not occur before the establishment of the Obsolete PropertyRehabilitation District.A statement that the application relates to a rehabilitation program thatwhen completed constitutes a rehabilitated facility within the meaningof Public Act 146 of 2000 and that is situated within an ObsoleteProperty Rehabilitation District established in a Qualified LocalGovernmental Unit eligible under Public Act 146 of 2000 to establishsuch a district.A statement that completion of the rehabilitated facility is calculated to,and will at the time of issuance of the certificate, have the reasonablelikelihood to, increase commercial activity, create employment, retainemployment, prevent a loss of employment, revitalize urban areas, orincrease the number of residents in the community In which the facilityis situated. The statement should indicate which of these therehabilitation Is likely to result in.A statement that the rehabilitation includes improvements aggregating10% or more of the true cash value of the property at commencementof the rehabilitation as provided by section 2(I) of Public Act 146 of2000.A statement of the period of time authorized by the Qualified LocalGovernmental Unit for completion of the rehabilitation.

Taxable ValueBuilding(s)

State Equalized Value (5EV)

Name of Governmental Unit

Date of Action on application

Data of Statement of Obsolescence

PART 4: CLERK CERTIFICATIONThe undersigned clerk certifies that, to the best of hislher 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 Date

Clerk's Mailing Address City State ZIP Code

Telephone Number Fax Number Email Address

Niel! completed application and attachments to: State Tax CommissionMichigan Department of TreasuryP.O. Box 30471Lansing, Michigan 48909-7971

If you have any questions, call (517) 373-3272.

J

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

Rates

Real PropertyAppreciation 2%

School Rate 0.0239262

Other Rate 0.0406517

Total Rate 0.0645779

Worksheetfor OPRA Calculations i12 Year Totals

Total Tax Savings

$227,771

$88,807

Total City Tax Paid

$42,485

$12,071

Tax Value

Ie se Taiie_s' '=',Real Prop.

;i?a!ilik__With New

Fyll {iatê,.m. rInvestment

.^?)Î'^Nôld3tNo OPRA

mr1„:.(QPRATax Value Existing Real

Property No OPRAYear (OPRA year)

2009Building

5585,000Land

$20,500`"4 '..

_7'r` ';$.-$605,500 ^`2I$39a:82(-

2010(1) 5596,700 $20,910 $617,610 L^€}_,rl $99,884'_r2011(2) $608,634 $21,328 $629,962 i^;a4_$40 .82.2012(3) $620,807 $21,755 $642,561 :LaS,)$1Zi495:i2013(4) $633,223 522,190 $655,413 - ":I%$42325'x2014(5) $645,887 $22,634 5668,5212015(6) $658,805 $23,086 $681,891 i;$; .i$44;03

L`^,;z2016(7) $671,981 $23,546 $695,529 ,w;,}i..ti44,9;18^ „-'2017(8) $685,421 $24,019 $709,440 g ii): , la$Q5;814;

_'-2018(9) $699,129 $24,499 $723,629 lis!a<ì$4fi;Z30k

2019(10) $713,112 $24,989 $738,101 ^,;'+_E -.$4Tfi6 Lg;S2020(11) 5727,374 $25,489 $752,663 ù i$4,tiieB- i2021(12) $741,921 $25,999 $767,920 ?c91A49:591l

a1;16 ,

'These projections assume $655,400 In buidling improvements made to the property and does not include

Total TaxValue

Real Propwith

OPRA

l

ry r ;<<?2?'tTaX

P3id'ayyultti

'. _

TotalTaxesSavedWith

OPRATax Value Building and Land

With OPRABuilding Land a

ct ?PK°$200,000 $20,500 $220,500 $15.5281:45:117; $15,651$200,000 $20,910 $220,910 h°N $23 Z, 7 =„' $16,127$200,00D $21,328 $221,328 gr2_:$2q,NQ70t $16,612$200,000 $21,755 $221,755 -- 491$24;3$9 $17,107$200,0110 $22,190 $222,190 9iti:$2k1T1;4'i5) $17,611$200,00D $22,634 $222,634 ,)(:,$2;;',0,4B,tr $18,126$200,00D $23,086 $223,086 T ;;<r$25>'38)};'_i; $18,651$200,ooo $23,548 $223 548 -

}$25720. 'r! $19,187$200,000 $24,019 $224019 '!$26001--; $19,733$200,000 $24,499 $224,499 2$$,$261440 ; $20,290$200,00D $24,989 $224,989 :1XI 2¢;;813li $20,859$200,000 $25,489 $225,489 7-;(($ .2.$$80;_1; $21,439$200,000 $25,999 _ $225,999 w .$2Z{661 : $22,030

33ta+ 1$307,11;56 $227,771

SchoolTaxesPaidWith

OPRA

OtherTaxesPaidWithOPRA

0.0239262 0.0406517$14,487 $8,964$14,777 $8,980$15,073 $8,997$15,374 $9,015$15,682 $9,032$15,995 $9,050$16,315 59.069$16,641 $9,088$16,974 $9,107$17,314 $9,126$17,660 $9,146$18,01$ $9,167$18,373 $9,187

$198,191 $108,965

TotalCity

TaxesSavedOPRA

56.114$6,280$6,477$6,670$6,867$7,06757,272$7,481$7,694$7.91158,133$8,359$8,589

1$$$36495x=:

et$515013=m$6151.6.111(iM'_-..^^$3(522 fr_i 53;52$ $l

'$)its:3i$5N:t:.. ..:53549

$.31$81=x,5. ,58.`;- Y23i63'M-(3113315 7:2=3582`#

$88,807 _ it :$42;485

BY COUNCILMEMBER CAROL WOODRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Don LeDuc joined Cooley Law School in 1975 as a Professor ofLaw. He served as Dean from 1982 to 1987 and again from 1996 to the present.He was named President of the law school in 2002; and

WHEREAS, President LeDuc has served on numerous committees, including,Vice Chair of the Faculty Conference, Chair of the Curriculum, Readmissions,and Self-Study Committees. He also served on the Committees of AcademicPolicy, Admissions, Budget, Client Counseling, Committees, Promotions, andTenure as well as on the Dean's Special Committee on Affiliation; and

WHEREAS, prior to his tenure at Cooley, he served as Administrator for theOffice of Criminal Justice Programs for the Michigan Department of Managementand Budget from 1972-1975, having previously served there as DeputyAdministrator in 1971 and as Director for Program Planning during 1970 and1971. In 1969 and 1970, he served in the Executive Office of Governor WilliamG. Milliken as the Law Studies Coordinator for the Michigan Commission on LawEnforcement and Criminal Justice; and

WHEREAS, among his various appointments, from 1967 to 1969, PresidentLeDuc served as a Special Attorney in the Criminal Division of the United StatesDepartment of Justice. As a member of the Organized Crime and RacketeeringSection, he was assigned to the Detroit Organized Crime Strike Force in 1968and 1969, which was the first full-time deployment made by the JusticeDepartment; and

WHEREAS, between the years of 1977 and 2002, he served as a member ofvarious boards and commissions; including the Michigan CorrectionsCommission; the National Commission on Correctional Health Care; the HealthCare Policy Board of the Michigan Department of Corrections; and the MichiganCommission on Criminal Justice, serving as a member of the Incarceration andAlternative Committee and as chair of the Executive Committee, ImprovedJustice Process Committee, and the Governor's Committee on GovernmentalImmunity; and as a consultant for the Michigan Department of NaturalResources, the Michigan Office of Community Corrections, the MichiganSupreme Court, and the Michigan Law Revision Committee; and

WHEREAS, President LeDuc served as a Hearing Officer for the Michigan LawEnforcement Officers Training Council, the Michigan Department of TreasuryBureau of State Lottery, the Michigan Department of Public Health, and atvarious times for the Michigan Department of Agriculture and the MichiganDepartment of Licensing and Regulation. He also served as an AdministrativeLaw Judge for the Michigan Department of Natural Resources; and

WHEREAS, he is currently a member of the State Bar of Michigan and itsAdministrative Law, Criminal Law, and Legal Economics sections; the AmericanBar Association, and its Administrative Law, Criminal Law, and Legal Educationsections; the Ingham County Bar Association; the Oakland County BarAssociation; the Grand Rapids Bar Association; the Federal Bar Association(Western District of Michigan); and the Thomas M. Cooley Inn of Court; and

WHEREAS, President LeDuc was honored by the Legal Writing Institute with theGolden Pen Award and by the Grand Rapids Bar Association with the President'sAward. He also received awards from the Michigan Capitol Chapter of theAmerican Society of Public Administration for Public Service in Academia andfrom the Michigan Business Monthly for support of entrepreneurialism;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,wishes to congratulate Don LeDuc on his many accomplishments, hisoutstanding community service in the Greater Lansing area, and for hiscommitment to increasing opportunities for minorities to enter the legalprofession. We applaud the Lansing Black Lawyers Association for recognizingyour exceptional achievements at the 13 th Annual Otis M. Smith ScholarshipDinner. We wish you continued success in all your future endeavors!

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

RESOLUTION APPROVINGAMENDED BROWNFIELD PLAN #46(B)

SONIC RESTAURANT - FORMER GOVERNORS INN

WHEREAS, the Brownfield Redevelopment Authority (the Authority@) of the City ofLansing, pursuant to and in accordance with the provisions of the BrownfieldRedevelopment Financing Act, Public Act, Public Act 381 of 1996, as amended, (the Act)has prepared a Brownfield Plan, submitted to Council and placed on file in the office of CityClerk, Amended LBRA Brownfield Plan #46(b) Sonic Restaurant-former Governor's Inn .(the Plan); and

WHEREAS, a public hearing was held by the Lansing City Council and at least 10 daysbefore the public hearing the taxing jurisdictions were provided notice to be fully informedabout the fiscal and economic implications of the proposed Plan and given a reasonableopportunity to express their views and recommendations regarding the Plan in accordancewith Section 13 (10) and 14(1) of the Act; and

WHEREAS, the Lansing City Council, after its public hearing on March 8, 2010, reviewedtestimony and evidence regarding the Plan, and found that:

1.

the Project Property was historically used for hotel / lodging operations,

2.

the Plan provides for the reimbursement of costs attributable to eligible activities tothe developer and the Authority,

3.

the Project , includes, in addition to the eligible activities identified in the Plan, theredevelopment of the property,

4.

the Project may result in new private investment of approximately $2,250,000,

5. the Plan provides for the capture of property tax increment revenues due to theprivate investment on the site, and devotes them to repaying the Authority for its=costs associated with eligible activities it performs, and to repaying the developer fortheir costs associated with eligible actives they perform, in accordance with thePlan,

WHEREAS, the Authority Board of Directors, at its meeting of January 8, 2010,unanimously recommended approval of the Plan, for this Project;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, after having dulyconsidered the Plan, finds it is in compliance with the provisions of the Act and furtherfinds:

1.

The Plan constitutes a public purpose under the Act;

2.

The Plan meets all of the requirements for a ABrownfield Plan@ set forth inSection 13 of the Act;

3. The proposed method of financing the costs of the eligible activities, asdescribed in the Plan, is feasible and the Authority has the ability to arrangethe financing;

4.

The costs of the eligible activities proposed in the Plan are reasonable andnecessary to carry out the purposes of the Act; and

5.

The amount of the captured taxable value estimated to result from theadoption of the Plan is reasonable.

IT IS FINALLY RESOLVED that the Lansing City Council hereby approves the AmendedLBRA Brownfield Plan #46(b) Sonic Restaurant - former Governor's Inn.

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

WHEREAS, Old Town Commercial Association has requested $500.00 to defraycosts associated with the Festival of the Sun and Festival of the Moon to be heldon June 25 and June 26, 2010; and

WHEREAS, the Committee on General Services met on Monday, February 22,2010 and reviewed the request; and

WHEREAS, the maximum total amount of Community Promotion Funds to beawarded an organization in one fiscal year is $500.00;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves an allocation from the Community Promotion Account to Old TownCommercial Association to defray costs associated with the Festival of the Sunand Festival of the Moon to be held on June 25 and June 26, 2010;

BE IT FURTHER RESOLVED that the Mayor and the Finance Department shallprocess this request by charging $500.00 to the Council Community PromotionAccount - 101.112101.741289.0;

BE IT FINALLY RESOLVED that Old Town Commercial Association shall submita written analysis of the event, including information regarding the number ofattendees, a detailed account as to contributors, funds received, expended, andresidual funds to the Lansing City Council within 60 days after the event.

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

WHEREAS, Colonial Village Neighborhood Association has requested $500.00to defray costs associated with the rental of the Obstacle Course for their AnnualPicnic to be held in conjunction with the National Night Out on Tuesday, August3, 2010; and

WHEREAS, the Committee on General Services met on Monday, March 1, 2010and reviewed the request; and


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves an allocation from the Community Promotion Account of $500 to defraycosts associated with the rental of the Obstacle Course for the Annual Picnic tobe held in conjunction with the National Night Out on Tuesday, August 3, 2010;


BE IT FINALLY RESOLVED that Colonial Village Neigborhood Association shallsubmit a written analysis of the event, including information regarding the numberof attendees, a detailed account as to contributors, funds received, expended,and residual funds to the Lansing City Council within 60 days after the event.

,2a-' 5 3 c

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

WHEREAS, The Gratitude Group has requested $500.00 to defray costsassociated with the Super Draw event to be held on May 23, 2010; and

WHEREAS, the Committee on General Services met on Monday, February 22,2010 and reviewed the request; and


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves an allocation from the Community Promotion Account to The GratitudeGroup to defray costs associated with the Super Draw event to be held on May23, 2010;


BE IT FINALLY RESOLVED that The Gratitude Group shall submit a writtenanalysis of the event, including information regarding the number of attendees, adetailed account as to contributors, funds received, expended, and residual fundsto the Lansing City Council within 60 days after the event.

63d(


WHEREAS, The Gratitude Group has requested a resolution of recognition as aLocal Nonprofit Organization operating in the City of Lansing for the purpose ofobtaining a charitable gaming license pursuant to MCL 432.103 (9); and

WHEREAS, the City Attorney has reported that, based on a review of thedocumentation submitted, the applicant qualifies as a Local NonprofitOrganization;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,recognizes the Gratitude Group as a Local Nonprofit Organization operating inthe City of Lansing for the purpose of obtaining a charitable gaming license.

BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy ofthis resolution to The Gratitude Group of P.O. Box 21006 Lansing, Michigan48909.


WHEREAS, Lansing Eastern Quaker Touchdown Club has requested aresolution of recognition as a Local Nonprofit Organization operating in the Cityof Lansing for the purpose of obtaining a charitable gaming license pursuant toMCL 432.103 (9); and

WHEREAS, the City Attorney has reported that, based on a review of thedocumentation submitted, the applicant qualifies as a Local NonprofitOrganization;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,recognizes the Lansing Eastern Quaker Touchdown Club as a Local NonprofitOrganization operating in the City of Lansing for the purpose of obtaining acharitable gaming license.

BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy ofthis resolution to the Jim Lynch, Lansing Eastern Quaker Touchdown Club ofP.O. Box 23156, Lansing, Michigan 48909.

53.


WHEREAS, Todd Thorpe sought to eliminate special assessments of $1048.56 forBoard ups and all associated penalties and interest on the property tax bill of 225 N.MLK, Jr. Blvd., Lansing, Michigan; and

WHEREAS, the Committee on General Services met on Monday, February 22, 2010 toreview the claim;

NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Todd Thorpe of $1,048.56 for special assessments on Board ups and allassociated penalties and interest on the property tax bill of 225 N. MLK, Jr. Blvd.,Lansing, Michigan;

BE IT FURTHER RESOLVED that the City Council encourages the claimant to pursuerecourse action against the mortgage company or title company;

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


WHEREAS, Gloria Fleming sought to eliminate special assessments of $2,100.00 for 14Tag Monitoring Fees and all associated penalties and interest on the property tax bill of819 N. Larch Street, Lansing, Michigan; and


NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Gloria Fleming of $2,100.00 for special assessments on 14 Tag Monitoring Feesand all associated penalties and interest on the property tax bill of 819 N. Larch Street,Lansing, Michigan;

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


WHEREAS, Northwest Housing Fund, LLC sought to eliminate special assessmentstotaling $2,925.00 for two Board ups, three Grass and Weeds, and one Second NoticeFee and all associated penalties and interest on the property tax bill of 1214 W. AlleganStreet, Lansing, Michigan; and


NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Northwest Housing Fund, LLC of $2,925.00 for special assessments on twoBoard ups, three Grass and Weeds, and one Second Notice Fee and all associatedpenalties and interest on the property tax bill of 1214 W. Allegan Street, Lansing,Michigan;



WHEREAS, Cynthia Wallace sought to eliminate special assessment of $983.00 fortrash and debris and all associated penalties and interest on the property tax bill of 3523Jewell Avenue, Lansing, Michigan; and

WHEREAS, the Committee on General Services met on Monday, March 1, 2010 toreview the claim;

NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Cynthia Wallace of $983.00 for special assessment on trash and debris and allassociated penalties and interest on the property tax bill of 3523 Jewell Avenue,Lansing, Michigan;


BY THE COMMITTEE ON PUBLIC SAFETYRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Code Compliance Manager has determined that the building located at 3237Brisbane, Parcel # 33-01-01-30-327-241 legally described as: Lot 107 & W 11 Ft Lot 106 Also E4 Ft Lot 108 Scotsdale No 2 Sub is an unsafe or dangerous building as defined in Section1460.24 of the Lansing Uniform Housing Code and the Housing Law of Michigan and was redtagged on; and

WHEREAS, a hearing was held by the Hearing Officers on December 3, 2009, at which theHearing Officers determined that said building was an unsafe and dangerous building andordered the building demolished or made safe by January 4, 2010; and

WHEREAS, said Hearing Officers filed a report of their findings and order with the City Counciland requested the City Council to take appropriate action under the Lansing Housing andPremises Code and the Housing Law of Michigan; and

WHEREAS, the Housing Law of Michigan and Premises Code require a hearing be conductedto give the property owner an opportunity to show cause why a dangerous structure should notbe demolished or otherwise made safe; and

WHEREAS, the City Council held a public hearing on February 8, 2010, to review the findingsand the order of the Hearing Officers and the owners were notified in writing of said hearing andhad an opportunity to appear and show cause why said building should not be demolished orotherwise made safe; and

WHEREAS, the Code Compliance Office has determined that compliance with the order of theLansing Demolition Hearing Board Officer has not occurred; and

NOW, THEREFORE, BE IT RESOLVED that the owner(s) of are hereby directed to complywith the order of the Hearing Officers to demolish or otherwise make safe the said buildingwithin thirty days from the date of this resolution, .

BE IT FURTHER RESOLVED that the property owner(s) is hereby notified that this order mustbe appealed within twenty days pursuant to MCL 125.542 and should the owners fail to complywith the Hearing Officers' order for demolition or make safe, the Manager of Code Complianceis hereby directed to proceed with demolition of said building.

BE IT FURTHER RESOLVED whether demolition is accomplished by said property owner orthe city that appropriate seeding and restoration of property take place to avoid run-off toadjacent properties.

BE IT FURTHER RESOLVED that the cost of such demolition shall be a lien against the realproperty and shall be reported to the City Assessor.

BE IT FINALLY RESOLVED that the owners in whose name the property appears upon the lastlocal tax assessment record shall be notified by the City Assessor of the amount of such cost byfirst class mail at the address shown on the records. Upon the owners failure to pay the samewithin thirty (30) days after mailing by the City Assessor of the notice of the amount thereof, theamount of said costs shall be a lien and shall be filed and recovered as provided by law and thelien shall be collected and treated in the same manner as provided for property tax liens under

the general property tax act.

BY THE PUBLIC SAFETY COMMITTEERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the City Council has adopted Ordinance No. 1149 (December14, 2009)(the "Ordinance"), amending Chapter 808 of the Lansing CodifiedOrdinances and revising its cabaret licensing provisions for the purpose ofencouraging cabaret licensees to take responsibility for the safety of their patronsand the public and discouraging reliance on the City for such purposes; and

WHEREAS, section 808.10(c) of the Ordinance provides for Council toset, by resolution, an amount at which the cost of city services rendered duringan occurrence on the premises of the cabaret licensee will trigger application ofthe ordinance; and

WHEREAS, the Public Safety Committee heard testimony and tookevidence from the Chief of Police, the Police Department's Budget ControlSupervisor, the Chief of Fire, the Director of Public Service, and others regarding:the costs of labor, material, equipment, and other incidental costs involved inproviding the city services referenced in the Ordinance; the amount of time andnumber of officers typically required to respond to an occurrence of the typereferenced in the Ordinance; and the amount of time and number of officers thatwould fall outside the spectrum of responses to typical occurrences, puffing anabnormal strain on the resources of the Police Department and other CityDepartments and the resulting difficulty in adequately maintaining service for thepurpose of addressing public safety and community caretaking functionsthroughout the City; and

WHEREAS, the testimony and evidence indicated that a response to anoccurrence which entails eighteen officers and two sergeants expending fourhours of time would fall well outside the spectrum of a response to a typicaloccurrence; and

WHEREAS, the testimony also indicated that the average cost of aresponse entailing eighteen officers and two sergeants expending four hours oftime, taking into consideration labor and benefit costs, the costs of operatingpatrol vehicles, and indirect costs, would be approximately $5,366.40; and

WHEREAS, the Police Department, in light of this testimony, and pursuantto Standard Operating Procedure 600-59 (the "SOP"), which it promulgated infurtherance of the Ordinance, recommended that the amount at which the cost ofcity services rendered during an occurrence will trigger application of theordinance be set at $5,000; and

WHEREAS, the Public Safety Committee concurs with the PoliceDepartment's analysis of what constitutes an extraordinary strain on police

resources; and

WHEREAS, the Public Safety Committee has reviewed the SOP, whichoutlines the procedures for documenting costs with respect to an occurrence,initiating the process of notifying licensees when the ordinance is triggered, andapplying the ordinance; and

WHEREAS, the Public Safety Committee is satisfied that the SOPcomports with the Ordinance adopted by City Council, addresses the concernstargeted by the Ordinance, and properly implements the Ordinance'srequirements;

NOW, THEREFORE, BE IT RESOLVED, that City Council sets theamount referenced in Section 808.10(c) of the Lansing Codified Ordinances at$5,000.

BY THE COMMITTEE ON PUBLIC SERVICERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

PUBLIC IMPROVEMENT III

WHEREAS, pursuant to the Public Improvement I/II resolution adopted by this council onMarch 9, 2009, the City Assessor has completed the assessment roll for new sidewalkconstruction, and furnished the following information:

PROJECT TITLE: 2009 New SidewalkP.S. #01102

PROPERTY BENEFITED:

Along the south side of N. Grand River Avenue from Waverly Rd. to Delta River DriveAlong the north side of N. Grand River Avenue from Capitol City Blvd. to Remy DriveAnd along the south side of N. Grand River Avenue from Culver Avenue to W. NorthStreetExcepting all public streets and alleys and other land deemed not benefited

ENGINEER'S ESTIMATE, COST OF IMPROVEMENTS:

ASSESSMENT CITYROLL NO. B-092 CONTRIBUTION

SIDEWALK CONSTRUCTION $ 175,131.98OTHER COSTS $

0.00TOTAL COSTS $ 175,131.98

NOW, THEREFORE, BE IT RESOLVED the Lansing City Council will hold a public hearingon Monday, March 22, 2010 at 7:00 PM, in the Council Chambers, to review, prior toconfirmation, said assessment roll; and

BE IT FURTHER RESOLVED that the City Clerk and the Public Service Director arehereby requested to give due notice of this public hearing as provided by Chapter 1020,Section 1026.06(c)(1), of the Code of Ordinances by publishing a notice of a public hearingin a daily newspaper of the City, not more than twenty days and not less than ten daysbefore such public hearing. Said notice shall include the time and place of the hearing; adescription of the section or area of the City determined by Council to be within theassessment district as contained in the special assessment roll; where the specialassessment roll is on file and may be examined; that any person aggrieved by theassessments as contained in the special assessment roll, or the necessity of theimprovement, may file a written objection thereto which must be delivered to the City Clerkprior to the close of the hearing, or the person may appear and protest the same at thepublic hearing in person or by his or her representative; that the appearance and protest or

ASSESSABLE TOPROPERTY OWNER

$ 107,839.90$ 0.00$ 107,839.90

written protest in the manner described is required if the person desires to appeal theamount of the assessment to the Michigan Tax Tribunal; and that any appeal to theMichigan Tax Tribunal must be taken within thirty days of the confirmation of the specialassessment roll, provided a protest was timely made.

BE IT FINALLY RESOLVED, that pursuant to the requirement of 1962 PA 162, asamended, MCL 211.741, et seq.; MSA 5.3534(1), et seq., appearance and protest at thehearing in the special assessment proceedings is required in order to appeal the amount ofthe special assessment to the State Tax Tribunal. An owner or party in interest, or his orher agent may appear in person at the hearing to protest the special assessment, or shallbe permitted to file his or her appearance or protest by letter and his or her personalappearance shall not be required.

Funds are available for the City of Lansing's share of the project in accounts as follows:

Account NumberCity Share of Sidewalk

$175,124.20

202 453601 974100 50017Assessment Roll B-092

$107,847.68

Acct to be established

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

WHEREAS, since the early 1900's the City of Lansing has developed a series ofmaster plans serving to provide structure and direction to the development ofParks and Recreation facilities owned and operated by the City of Lansing; and

WHEREAS, in order to receive State of Michigan grants through the Departmentof Natural Resources and Environment for parks and recreation projects anupdated Five-Year Master Plan and Capital Improvement Project Schedule mustbe on file with the Department of Natural Resources and Environment by April 1,2010; and

WHEREAS, the most recent Five-Year Plan expires on April 1, 2010; and

WHEREAS, the Department of Natural Resources and Environment requires apublic hearing before the local legislative body regarding the Five-Year MasterPlan; and

WHEREAS, a new Five-Year Master Plan has been developed by the Parks andRecreation Department and will be approved at the March 10, 2010 Park BoardMeeting;

NOW, THEREFORE, BE IT RESOLVED, to accept the recommendation of theMayor to set a Public Hearing on the Five Year Park and Recreation Plan forMarch 29, 2010.

DRAFTBY THE COMMITTEE ON WAYS & MEANS

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, since opening, the Sycamore Driving Range has operated with annualdeficits in excess of $100,000 requiring transfers from the General Fund and ParksMillage Fund;

WHEREAS, the First Tee organization, which operates out of Sycamore, has agreed tooperate and maintain Sycamore Driving Range for a $45,000 stipend for the 2010calendar season;

WHEREAS, the Administration recognizes both the financial and partnership value ofsuch an arrangement;

NOW, THEREFORE, BE IT RESOLVED that the following FY 2009/2010 budgetamendment be approved:

Parks Millage Capital Fund Expenditures:Gier Gym Expansion $(45,000)Transfer to the Golf Fund 45,000

Golf Fund Revenues:Transfer from the Parks Millage Fund $45,000

Golf Fund Expenditures:Contractual Services $45,000

DRAFT

)4T8 6 6 k,

RESOLUTION # BY THE COMMITTEE ON WAYS AND MEANS

APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Approval to Accept Neighborhood Stabilization 2 Program Competitive Grant

WHEREAS, The U.S. Department of Housing and Urban Development ("HUD") issuedon May 4, 2009 a Notice of Funding Availability for $1.93 billion NeighborhoodStabilization 2 Program ("NSP2") funds to address foreclosure recovery andneighborhood stabilization in high need and high risk communities consistent with theobjectives and rules of the American Recovery and Reinvestment Act of 2009 ("ARRA");and

WHEREAS, the Michigan State Housing Development Authority, serving as ConsortiumLead Entity, organized the Michigan NSP2 Consortium that consist of 12 cities workingin collaboration with 8 land banks in high need and high risk communities in Michiganthat include City of Lansing in collaboration with Ingham County Land Bank; and

WHEREAS, the Consortium members in each city share a vision for foreclosurerecovery and neighborhood stabilization in targeted communities that meet HUD NSP2high risk and high need foreclosure and vacancy criteria and agree to work in acollaborative manner to re-position such communities for sustainable neighborhoodeconomic development in the new Michigan economy; and

WHEREAS, on July 15, 2009, the Michigan NSP2 Consortium submitted a request for$290,000,000 in HUD NSP2 funds, and on January 14, 2010 HUD awarded theMichigan NSP2 Consortium $223,875,339; and

WHEREAS, MSHDA is prepared to invest up to $17,369,638 in HUD NSP 2 funds tomeet the neighborhood stabilization and economic recovery objectives of ARRA in theapproved high need census tracts in the City of Lansing via a collaborative partnershipbetween City of Lansing and the Ingham County Land Bank Authority; and

WHEREAS, City of Lansing and Ingham County Land Bank will invest NSP 2 funds toplace abandoned, foreclosed and/or vacant property back into productive use; and

WHEREAS, MSHDA, City of Lansing and Ingham County Land Bank will jointly useadministrative funding as allowed by HUD to manage the grant in compliance with NSP2 requirements; and

WHEREAS, HUD requires each community to execute an NSP 2 Funding Agreementwith the Lead Consortium Entity.

THEREFORE BE IT RESOLVED, that the City accepts the Neighborhood Stabilization 2Program Competitive Grant and the Mayor is authorized to sign the NSP 2 FundingAward Agreement with MSHDA, serving as Consortium Lead Entity, and the InghamCounty Land Bank Authority,

BE IT FURTHER RESOLVED that the City may establish new and separate accounts asnecessary and to take other actions required to implement the grant.

BE IT FINALLY RESOLVED, that the requirements of PA 33 of 2008 are waived and theMayor is authorized to acquire and dispose of real property which is foreclosed, vacant,or abandoned in compliance with the City Charter, ordinances, statutes, and NSP 2requirements, by donation or at a negotiated price not more than 1% less than currentvalue and, subject to prior approval by the City Attorney as to form, to execute alldocuments necessary to acquire and dispose of the aforementioned properties.

DRAFT

WY G

BY THE COMMITTEE ON WAYS AND MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, according to the requirements of the Michigan Department of Transportation(MDOT) Local Bridge Program, the City of Lansing, Public Service Department would liketo submit funding applications for FY 2013 construction for the following three structures:

Replacement1) Aurelius Road over Pawlowski Drain

Rehabilitation2) Aurelius Road Bridge over CSX Railroad (formerly Grand Trunk Railroad)3) Mt. Hope Ave Bridge over Sycamore Creek

WHEREAS, if successful, the City will receive State funding to finance 95% ofconstruction costs, and the City will fund 5% of the construction and 100% of theengineering costs; and

WHEREAS, based on the engineer's preliminary estimate, the estimated constructioncost of the above listed structures will be approximately $2,852,400; and

WHEREAS, 5% of the estimated construction cost of all structures will be approximately$142,620 and the estimated engineering costs will be approximately $713,100.

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council approves thesubmittal of the funding application for the MDOT's Local Bridge Program for thefollowing three structures:

Replacement1) Aurelius Road over Pawlowski Drain

Rehabilitation2) Aurelius Road Bridge over Grand Trunk Railroad3) Mt. Hope Ave Bridge over Sycamore Creek

BE IT FURTHER RESOLVED that upon notification of the grant award, theAdministration shall bring such grant offer back to the City Council for acceptance.

BY COMMITTEE ON WAYS AND MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, a grant application for $500,000.00 is to be filed with the MichiganDepartment of Natural Resources and Environment for the Michigan NaturalResources Trust Fund grant no later than April 1, 2010; and

WHEREAS, the Crego Park Development project is contained in the Parks FiveYear Master Plan for 2005 through 2010; and

WHEREAS, it is a requirement to hold a public hearing in consideration of theMichigan Natural Resources Trust Fund grant; and

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,sets a public hearing for March 22, 2010 in consideration of the Michigan NaturalResources Trust Fund grant to be filed with the Michigan Department of NaturalResources and Environment.

BY THE COMMITTEE ON WAYS AND MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves acceptance of the Emergency Management Performance Grant receivedfrom the Federal Stafford Disaster Relief and Emergency Assistance Act and that thefollowing FY 2010 transfer be approved:

State/Federal ProgramsFireEmergency Management Performance Grant

$ 45,934.00 from Federal Revenue 273.0.528000.17589$ 25,968.00 to LPD Overtime 273.343580.702000.17589$ 19,966.00 to LPD Miscellaneous Operating 273.343580.715000.17589

(To appropriate an annual federal FEMA grant reimbursement as applied to the LansingFire Department Emergency Management administrator's salary and fringe benefits.)

566

BY THE COMMITTEE ON WAYS & MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

That the following FY 2010 transfers be approved:

State/Federal ProgramsFireEmergency Management Performance Grant

$ 45,934.00 from Federal Revenue 273.0.528000.17589$ 25,968.00 to LPD Overtime 273.343580.702000.17589$ 19,966.00 to LPD Miscellaneous Operating 273.343580.715000.17589

(To appropriate an annual federal FEMA grant reimbursement as applied to theLansing Fire Department Emergency Management administrator's salary and fringebenefits.)

BY THE COMMITTEE ON WAYS & MEANSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

That the following FY 2010 transfers be approved:

Capital Improvements (CIP) Fund Expenditures:

Office Relocation Project $ (103,403)Consolidated Facilities Study 103,403

(To transfer available budget from the Office Relocation project to the ConsolidatedFacilities Study within the Capital Projects (CIP Fund) for a Police precinct/DistrictCourt consolidation study.)


WHEREAS, the State's reduction to the City's revenue sharing allocation and the effects ofeconomic circumstances on other General Fund revenues, including property taxes, incometaxes, interest revenues, and revenues from the Board of Water and Light have created a shortfallfrom revenue levels anticipated in the FY 2009/2010 adopted budget; and

WHEREAS, in November, after the revenue sharing cuts were fonnalized by the State, MayorBernero informed the City Council that the 2009/2010 General Fund Budget is projected to havea $3 million deficit; and

NOW, THEREFORE, BE IT RESOLVED that the following amendments to the Fiscal Year2009/2010 adopted budget be made:

GENERAL FUND

BudgetIncrease/

(Reduction)General Fund RevenueState Revenue Sharing $(1,800,000)Property Taxes (200,000)Income Taxes (200,000)Interest Earnings (200,000)Board of Water and Light Equity Payment (600,000)

$(3,000,000)

General Fund ExpendituresCity Council Personnel $(5,000)City Council Operating (7,100)City TV Personnel (3,300)City TV Operating (800)Internal Audit Personnel (3,350)Internal Audit Operating (350)District Court (81,750)Mayor's Office Personnel (8,200)Mayor's Office Operating (3,000)City Clerk's Office Personnel (10,250)City Clerk's Office Operating (8,000)Planning & Neighborhood Development Personnel (54,300)Planning & Neighborhood Development Operating (47,600)PND Operating - EDC Contract (31,100)Finance Personnel (149,500)Finance Operating (45,271)Human Resources Personnel (26,000)Human Resources Operating (18,000)

Page 1 of 4

BudgetIncrease/

(Reduction)General Fund Expenditures (con't)City Attorney's Office Personnel (27,000)City Attorney's Office Operating (5,000)Police Personnel (498,100)Police Personnel (Special Operations - Drug Forfeiture Funding) (430,000)Police Operating (92,000)Fire Personnel (476,800)Fire Operating (23,700)Public Service Operating (35,000)Parks and Recreation Personnel (88,800)Parks and Recreation Operating (91,844)Human Relations and Community Service Personnel (13,500)Human Relations and Community Service Operating (3,000)Increase Vacancy Factor (200,000)Operating Transfer - Major Streets Fund (9,000)Operating Transfer - Local Streets Fund (3,000)Operating Transfer - Building Safety Fund (30,000)Operating Transfer - Principal Shopping District (9,100)Operating Transfer - Cemeteries Fund (4,300)Operating Transfer - Wastewater Fund (86,000)Capital Transfer - Capital Improvements Fund (237,514)Capital Transfer - Parks Millage Fund (133,471)

$(3,000,000)

MAJOR STREETS FUNDMajor Street Fund RevenuesTransfer from the General Fund $(9,000)

Major Streets Fund ExpendituresMajor Streets Fund Personnel $(9,000)

LOCAL STREETS FUNDLocal Street Fund RevenuesTransfer from the General Fund $(3,000)

Local Streets Fund ExpendituresLocal Streets Fund Personnel $(3,000)

Page 2 of 4

BUILDING SAFETY FUND

BudgetIncrease/

(Reduction)Building Safety Fund RevenuesTransfer from the General Fund $(30,000)

Building Safety Fund ExpendituresBuilding Safety Fund Personnel $(30,000)

DRUG FORFEITURE FUNDDrug Forfeiture Fund RevenuesDrug Forfeiture Revenue $430,000

Drug Forfeiture Fund ExpendituresDrug Forfeiture Fund (Special Operations) Personnel $430,000

PRINCIPAL SHOPPING DISTRICTPrincipal Shopping District Fund RevenuesTransfer from the General Fund $(9,100)

Principal Shopping District Fund ExpendituresPrincipal Shopping District Personnel $(4,900)Principal Shopping District Operating (4,200)

$(9,100)

PARKING FUNDParking Fund RevenuesOffice Rental $(55,382)

Parking Fund ExpendituresParking Fund Personnel $(55,382)

GOLF FUNDGolf Fund RevenuesTransfer from the Capital Improvements Fund $56,000Sycamore Driving Range Revenues (56,000)

$

0

Page 3 of 4

BudgetIncrease/

(Reduction)CEMETERY FUNDCemetery Fund RevenuesTransfer from the General Fund $(4,300)

Cemetery Fund ExpendituresCemeteries Fund Personnel $(4,300)

WASTEWATER FUNDWastewater Fund RevenuesTransfer from the General Fund $ (86,000)

Wastewater Fund Personnel $ (86,000)

CAPITAL IMPROVEMENT FUNDCapital Improvements Fund RevenuesFrom Fund Balance (2009 Cell Tower Revenues) $145,200Transfer from the General Fund (237,514)

$(92,314)Capital Improvements Fund ExpendituresPolice Dictation System $(10,399)Police Communication System (4,915)Rivertrail Red Cedar Bike Link (16,845)Lansing Center Point of Service (10,155)Computer Replacements (50,000)Park Acquisition (56,000)Transfer to the Golf Fund - FY 10 Year-to-Date Sycamore Deficit 56,000

$(92,314)PARKS MILLAGE FUNDParks Millage Fund RevenuesTransfer from the General Fund (Use for Parks maintenance) $(133,471)

Parks Milne Fund ExpendituresBenjamin Davis Park Project $(133,471)

DISTRICT COURT MEMO FUNDDistrict Court RevenuesTo Fund Balance (General Fund Subsidy) $(81,750)

District Court ExpendituresDistrict Court Personnel $(75,400)District Court Operating (6,350)

$(81,750)

Page 4 of 4

$7b


WHEREAS, the City of Lansing and the Lansing City Unit UAW Local 2256 havenegotiated a labor agreement for the period covering October 7, 2008 throughSeptember 30, 2013; and

WHEREAS, the UAW Local 2256 membership has ratified this agreement; and

WHEREAS, the Mayor has recommended that the contract be approved; and

WHEREAS, the City Council has reviewed the contract provisions; and

WHEREAS, the proposed agreement is within the parameters established by theCity and within budget limitations;

NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council, hereby,ratifies the contract between the City of Lansing and the Lansing City Unit UAWLocal 2256 for the period October '7, 2008 through September 30, 2013; and

BE IT FURTHER RESOLVED, that the Lansing City Council authorizes theAdministration to process the necessary appropriations and transfers to theappropriate salary and fringe benefit accounts to fund this agreement.

g -?C


WHEREAS, Jack Stauffer has been a thoughtful and dedicated neighbor duringhis many years as a Lansing resident; and

WHEREAS, a longtime advocate of the Neighborhood Watch and CommunityPolicing, he worked closely with one of the first Community Policing Officers tohelp rid his neighborhood of crime; and

WHEREAS, Jack proudly served as President of the Eastern Neighbors andcould often be seen planting flowers throughout the area or mowing hisneighbor's lawns if they were out of town or otherwise unable to do it themselves;and

WHEREAS, he served as the Neighborhood Watch Coordinator for EasternNeighbors for over twenty years and was instrumental in the endeavor tomaintain a local park and building to assure that all children had a safe, secure,and clean place to play; and

WHEREAS, his home was always open to his neighbors; he was eager to lend ahelping hand, from offering his telephone to driving neighbors to their doctorappointments; and

WHEREAS, Jack organized numerous neighborhood clean-up efforts, providedassistance in raising funds for other neighborhood organizations, and helpedstaff events; and

WHEREAS, Jack was well known and loved in his neighborhood not only for hisgenerosity and kindness but also for his wonderful cooking skills, from snacks toentire meals to desserts that he happily shared with everyone; and

WHEREAS, until his recent move to Ohio, he frequently volunteered his time atthe Farmer's Market engaging visitors in friendly conversation and otherwisemaking them feel at home; and

WHEREAS, Jack shares his warm, welcoming personality with everyone and isalways willing to provide a listening ear to those who need it. Throughout theyears, his diligence in ensuring the health and well-being of his fellow neighborshas made a lasting impression upon those who know and love him;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,wishes to congratulate Jack Stauffer for winning the 2010 Bea Christy Award andextends its warmest "thank you" for his dedication and service to the City ofLansing and its residents. We wish you continued success and good health inyour new home. You will be dearly missed!


J7 CLc

WHEREAS, the City of Lansing Department of Public Service will be conducting sewerseparation and utility construction in the CSO 015 North Project Area, which is roughlybound by Willow St., Walnut Street, Saginaw Street, and St. Lawrence Hospital; and

WHEREAS, the City of Lansing Department of Public Service is requesting a waiver ofthe noise ordinance to assist in expediting construction in the CSO 015 North ProjectArea, including work along the important Saginaw Street corridor and on the majorstreet, N. Pine Street; and

WHEREAS, the required schedule for construction is aggressive relative to thesignificant amount of work that must be completed during the 2010 season; and

WHEREAS, the City of Lansing Public Service Department recommends that thecontractor be permitted to work extended hours Monday through Friday from 8:00 PM to10:00 PM, Saturdays from 7:00 AM to 6:00 PM, and Sundays from 9:00 AM to 6:00 PMwhile conducting construction activities in the CSO 015 North Project Area;

NOW, THEREFORE, BE IT RESOLVED that a public hearing be held on Monday, April12, 2010 at 7:00 PM in the City of Lansing Council Chambers, 124 W. Michigan, inconsideration of the request for issuance of a waiver of the noise ordinance to permit thecontractor to work extended hours Monday through Friday from 8:00 PM to 10:00 PM,Saturdays from 7:00 AM to 6:00 PM, and Sundays from 9:00 AM to 6:00 PM whileconducting construction activities in the CSO 015 North Project Area.


WHEREAS, the City of Lansing Department of Public Service will be conductingsewer separation and utility construction in the CSO 034B Project Area, which isthe S. Washington Avenue corridor between Mt. Hope Avenue and Holmes Roadand Smith Avenue between Bradley Avenue and Coleman Avenue; and

WHEREAS, the City of Lansing Department of Public Service is requesting awaiver of the noise ordinance to assist in expediting construction in the CSO034B Project Area, including work on the important S. Washington Avenuecorridor; and

WHEREAS, the City of Lansing Public Service Department recommends that thecontractor be permitted to work extended hours Monday through Friday from8:00 PM to 10:00 PM, Saturdays from 7:00 AM to 6:00 PM, and Sundays forwork on S. Washington Avenue, only, from 9:00 AM to 6:00 PM, while conductingconstruction activities for the CSO 034B Project;

NOW, THEREFORE, BE IT RESOLVED that a public hearing be held onMonday, April 12, 2010 at 7:00 PM in the City of Lansing Council Chambers,124 W. Michigan in consideration of the request for issuance of a waiver of thenoise ordinance to permit the contractor to work extended hours Monday throughFriday from 8:00 PM to 10:00 PM, Saturdays from 7:00 AM to 6:00 PM, andSundays for work on S. Washington Avenue, only, from 9:00 AM to 6:00 PM,while conducting construction activities for the CSO 034B Project.

F -l

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-5-2009; 610 N. Seymour St.

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

NAYSALLEN

❑

❑

DUNBAR

❑

❑

HEWITT

❑

❑

JEFFRIES

❑

❑

KALTENBACH

❑

❑

QUINNEY

❑

❑

ROBINSON

❑

❑

WOOD

❑

❑

❑ ADOPTED

❑ FAILED

ORDINANCE #

AN ORDINANCE 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-5-2009Address:

610 N. Seymour StreetParcel Number:

PPN: 33-01-01-16-127-021Legal Descriptions: North 34 feet of the West 7 1/2 Rods of Lot 6, Block 63, Original

Plat, City of Lansing, Ingham Co., MI, from "DM-4" ResidentialDistrict to "D-1" Professional Office District.

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 Monday, March 8,2010, 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

Chris SwopeLansing City Clerk

March 4, 2010

President Robinson and Members of the Lansing City Council10th Floor City HallLansing, MI 48933

Dear President Robinson and Councilmembers:

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

Money Purchase Plan/Defined Contribution Plan VEBA Plan Governing Committee

December 3, 2009October 1, 2009August 5, 2009

If I, or my staff, can provide further assistance or information relative to the filing of theseminutes, please contact us at 483-4131.


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]

MONEY PURCHASE PLAN/DEFINED CONTRIBUTION PLAN VEBA PLAN GOVERNING COMMITTEE

! C -_ I VE OMEETING OF AUGUST 5, 2009

201 MAC --2 PH 12w 27

The Administrative Board met in regular session and was called to order at 9:05

cIT v L E 5 ti

Present: Members Jerry Ambrose, Bill Barkyoumb, Thomas Korkoske, Antonia Kraus - 4.Absent: Angela Bennett, Faith Rach, Terri Singleton

Others: Karen E. Williams, Finance Department; Jack Roberts, Law Department; Sherry Stein,Foster, Swift, Collins & Smith Law Firm; Ms Cam Honer, Wachovia; Felecia Relief, Comerica;Gary Bender, Alexander V. Illyasov, World Asset Management.

It was moved by Mr. Korkoske and supported by Mr. Ambrose to approve the AdministrativeBoard Committee Meeting Minutes as amended for August 5, 2009.

Approved by the following vote: unanimously.

It was moved by Mr. Ambrose and supported by Mr. Korkoske to approve the AdministrativeBoard Committee Special Meeting Minutes as amended for June 15, 2009.


Attorney Jack Roberts presented an overview of the process and amendment needed for the IRSRestatement of the Defined Contribution Money Purchase Pension Plan.

Attorney Sherry Stein provided a detailed presentation regarding the proposed amendments forthe Defined Contribution Money Purchase Pension Plan. The IRS mandates a restatement of thePlan every six years. Attorney Stein recommended changing the name of the plan to theEmployees Defined Contribution Plan. Attorney Stein also recommended that the Plan movefrom a money purchase plan to a profit sharing plan.

Mr. Ambrose inquired how the changes would affect the ordinance. Attorney Stein advised thatmany of the changes are boilerplate and would not change the current Plan. Attorney JackRoberts stated that the amendments, such as the name change, can be updated in the Ordinance.

Attorney Stein requested direction on a clear definition for membership of the Plan. Mr.Ambrose inquired, why is the membership defined by who is excluded instead of who iseligible? Attorney Roberts will work with Attorney Stein to include current eligible members tothe Plan.

Attorney Stein distributed a summary of the current plan document. Attorney Stein, AttorneyRoberts and the Administrative Committee reviewed and recommended amendments to thegeneral plan features, employer contribution features, employer contribution features andmiscellaneous provisions. Attorney Stein explained that the normal retirement age has beenincreased to age-62 and its impact on distributions. Attorney Stein recommended eliminating allforms of distributions options except lump sum.

Attorney Stein reported that she will send an email to Attorney Roberts that outlines theproposed amendments to the Plan.

MONEY PURCHASE PLAN/DEFINED CONTRIBUTION PLANVEBA PLAN - MEETING OF AUGUST 5, 2009Page 2

Attorney Roberts recommended that Attorney Stein prepare a draft of the Plan for theAdministrative Committee to review and approve. Upon approval, the restated Plan will go toCity Council.

It was moved Trustee Kraus and supported by Trustee Ambrose to excuse the absent Boardmembers.

Adopted by the following vote: 4 - O.

The Governing Committee lost its quorum and continued to meet in the Committee of theWhole.

Mr. Gary Bender provided an overview of World Asset Management and distributed updates onthe current funds in the VEBA portfolio. Mr. Alexander V. Illyasov provided a review of theInternational Equity Index Fund for the Administrative Committee's consideration to add to itsportfolio. Mr. Illyasov reviewed the current returns and the expense ratio of the fund.

The Governing Committee discussed the proposed amendments in the Investment Policy toinclude international investments.

Ms. Cam Honer distributed the City of Lansing Money Purchase Plan Monthly statement. Ms.Felecia Relief distributed the City of Lansing Post Retirement Health Care Plan & Trust (VEBA)monthly statements.

Attorney Roberts reported to the Governing Committee that his consultation with AttorneyStein's to review the Plan was $1,3.11.13. Attorney Robert requested prior approval at theGoverning Committee's last meeting.

Attorney Roberts reported to the Governing Committee that he received a revised Comericaparticipation agreement from Ms. Honer. Attorney Roberts informed members that all ofamendments requested were not made. Therefore, he has returned the agreement to Comerica tobe updated.

The meeting adjourned at 10:22 a.m.

CITY OF LANSING MONEY PURCHASEDEFINED CONTRIBUTION PI N: C E 1'V E D

VEBA PLAN GOVERNING COMMITTEEMEETING OF OCTOBER 31^^ r20"a9 - 2 PM 12: 27

The Administrative Board met in regular session and was calledt&o derr ate 9'8a n:

Present: Members: Bill Barkyoumb, Thomas Korkoske, Antonia Kraus, Terri Singleton - 4.Absent: Jerry Ambrose, Angela Bennett, Faith Rach

Others: Karen E. Williams, Finance Department; Jack Roberts, Law Department; Ms CamHoner, Wachovia.

It was moved by Mr. Korkoske and supported by Ms. Kraus to approve the Administrative BoardCommittee Meeting Minutes for August 5, 2009.


Ms. Cam Honer reviewed City of Lansing Money Purchase Plan from 1/1/2009 through8/31/2009. Ms. Honer reported to the Committee that she received invoices for Attorney Stein'sservices. Those invoices have been paid. Ms. Honer reviewed the Wells Fargo process forpayment of invoices.

Attorney Jack Roberts requested further explanation regarding the Wells Fargo "Know yourCustomer" Form. Attorney Roberts requested approval that after his review of the form, he willhave take it to Tom Korkoske to verify the account number and have the chair then sign the foamon the behalf of the Board.

It was moved by Ms. Kraus and supported by Ms. Singleton that Attorney Roberts has thecommittee's permission to review and approve the form for signature by the chair.

Approved by the following vote: unanimously

Attorney Roberts also updated the Cornrnittee on the Comerica Participation Agreement.Attorney Roberts is reviewing the document, is in the process of making amendments that willbe sent to Comerica.

Attorney Roberts reported that he has been in contact with Attorney Sherry Stein regarding theproposed amendments for the Defined Contribution Money Purchase Pension Plan. AttorneyRoberts suggested that upon receiving the proposed amendments, he will review it with AttorneyStein and then forward it to Committee Members. Committee Members will have time to reviewit prior to the December meeting.

Also, Attorney Roberts report current invoices received-by-Attorney Sherry Stein that will beforwarded to Cam Honer for payment.

It was moved by Ms. Singleton and supported by Mr. Korkoske to excuse the absent members,Jerry Ambrose, Angela Bennett, Faith Rach.

Adopted by the following vote: unanimously

u

MONEY PURCHASE PLAN/DEFINED CONTRIBUTION PLANVEBA PLAN - MEETING OF OCTOBER 1 2009Page 2

The committee discussed the Proposed Changes to the Investment Policy. Ms. Kraus suggestedthat Faith Rach work with Attorney Roberts to update the draft for the investment policy. Mr.Barkyoumb tabled the item until the December meeting. Members can send changes for theInvestment Policy to Ms. Rach.

Karen Williams. updated the Committee regarding the Well Fargo Retirement QuestionsAnswered Email. The Committee discussed adding a web link from the Retirement Page toWells Fargo, so participants can access the site. The Committee approved to have a web link toWells Fargo.

Ms. Cam Honer suggested that someone from the City of Lansing from the Defined ContributionMoney Purchase Pension Plan be set up with Plan Sponsor access to Wells Fargo. AttorneyRoberts cautioned Board members who have access to the Plan regarding the confidentially ofthe information as it related to the individual accounts and investments. Mr. Bill Barkyoumbsuggested that Karen Williams of the Retirement Office be set up as the person with PlanSponsor access to the Wells Fargo web page. Committee members who wish to see the Planinformation can go through the Retirement Office. The Committee agreed to have KarenWilliams set up with Plan Sponsor access.

Attorney Jack Roberts reported that Cam Honer has recently forwarded Wells Fargo IRA sampleform. Attorney Roberts will review the form and present it at the December meeting.

It was moved by`Ms. Kraus and supported by Ms. Singleton to adjourn the meeting.

Adopted by the following vote: unanimously


RECEIVEDCITY OF LANSING

_ pMONEY PURCHASE PLAN/DEFINED CONTRIBUTION PLAN 4r..PVEBA PLAN

C I I y,. f ja 1 7 *h

The Administrative Board met in regular session and was called to order at 9:06 a.m.

Present: Members: Jerry Ambrose (9:09), Bill Barkyoumb, Thomas Korkoske, Antonia Kraus,Faith Rach - 5.Absent: Angela Bennett, Terri Singleton

Others: Karen E. Williams, Finance Department; Jack Roberts, Law Department; AttorneySherry Stein..

Mr. Barkyoumb informed the members that he would take the agenda out of order to take up theDefined Contribution plan amendments and restatement.

Attorney Roberts provided a preview of the Amendment to the PPA and Heart Acts. AttorneySherry Stein described current pension law and regulations. Attorney Stein explained thePension Protection Act and how it affects the City of Lansing Defined Contribution Plan. ThePlan is on a six-year cycle and the plan must comply with current federal law since the lastrestatement. Attorney Stein reviewed the default provisions of the amendments, regarding non-spousal beneficiary ability to rollover, and normal retirement age, as required by the InternalRevenue Service:

It was moved by Mr. Ambrose and supported by Mr. Korkoske to approve Resolution 2009-A:RESOLVED that the Amendment to the City of Lansing Defined Contribution Plan for

PPA, Heart Act and Other Law Changes as presented is hereby adopted effective as set forththerein, a copy of which is attached to and made a part of the minutes, and

FURTHER RESOLVED that the Chairperson of the Governing Committee is herebyauthorized to execute the Amendment and related documents on behalf of the City.

Adopted by the following vote: 5 - 0.

Attorney Stein and Attorney Roberts reviewed and discussed with the Governing Committeerestated Defined Contribution Plan for the IRS. Attorney Stein stated that the plan restatementdeadline is April. 2010. The Administrative Board discussed the Summary of the City of LansingDefined Contribution Plan highlights. The Board discussed defining eligible employees andnormal retirement age provisions.

Ms. Rach inquired about the forfeitures provisions. She explained that the forfeitures were to beused for administrative expenses, not to offset employer contributions. Attorney Stein stated thatthe use of the forfeitures are at the discretion of the board and she will revised that section on theplan to reflect the Governing Committee's requirements.

MEETING OF DECEMBER 3, 2009 .

MONEY PURCHASE PLAN/DEFINED CONTRIBUTION PLANVEBA PLAN -MEETING OF DECEMBER 3, 2009Page 2

It was moved by Mr. Ambrose and supported Ms. Kraus to approve Resolution 2009-B:RESOLVED: That the City of Lansing Defined Contribution Plan and Trust Agreement

are hereby adopted effective January 1, 2009, unless otherwise noted therein; andFURTHER RESOLVED: That the Chairperson of the Governing Committee is

authorized to execute the Plan, Trust Agreement and related documents on behalf of theCommittee.


Attorney Roberts requested that the Retirement Office provide notebooks for committeemembers to keep their restated Defined Contribution Plan and information.

Attorney Roberts and Attorney Stein requested that the Governing Committee review and adoptadministrative procedures and a funding policy and method for the Defined Contribution Plan atthe next meeting:

Mr. Ambrose left the meeting.

It was moved by Mr. Korkoske and supported by Ms. Kraus to approve the GoverningCommittee Meeting Minutes for December 3, 2009 with amendments.

Approved by the following vote: 4 - 0.

Ms. Rach requested an explanation of how invoices are processed. Ms. Williams explained thatwhen invoices are received for legal services, those invoices are sent to Attorney Jack Robertsfor review. Upon Attorney Roberts approval of services, he sends the invoices to Ms. Williamsfor payment. Ms. Williams prepares the invoices, obtains the appropriate signatures andforwards them to Ms. Cam Honer at Wachovia to be paid.

Ms. Williams reported that Ms Cam Honer contacted the Retirement Office and stated that shewould not be able to attend the meeting due to illness.

Attorney Jack Roberts reported and reviewed the most current invoice for Attorney SherryStein's service. Attorney Roberts explained that the Administrative Board had pre-approved thepayment of Attorney's Stein work on the Defined Contribution plan

It was moved by Ms. Kraus and supported by Mr. Korkoske to excuse Board members Bennettand Singleton from the meeting.

Adopted by the following vote: 4 - 0.

Attorney Roberts reported to the Board that he did not have opportunity to review the changes tothe VEBA Investment Policy with Ms. Rach. Attorney Roberts advised that the members thatBoard discussed adding international funds as an investment. An amendment to the policy couldbe made at a later date.

It was moved by Mr. Korkoske and supported by Ms. Kraus to amend the investment policy toinclude international funds to the VEBA portfolio up to 10%.


Mr. Barkyoumb tabled the discussion on the Proposed changes to the Investment Policy.

The Board requested that the Retirement Office contact Ms. Felecia Relief to begin thepaperwork to fund the International Fund recommended by World Asset Management. Thepaperwork will be reviewed by legal counsel so that it may be approved at the next meeting.

Karen Williams distributed and requested approval for the Public Meeting notice for 2010.

It was moved by Ms. Kraus and reported by Ms. Rach to approve the 2010 Defined ContributionPlan Meeting Schedule.


Attorney Roberts updated the Administrative Board regarding the status of the pending items onthe agenda.

Attorney Roberts inquired if Ms. Cam Honer presents an annual investment review for theDefined Contribution Plan.

Mr. Barkyoumb stated that there is an annual review process. He stated that Ms. Honer normallywould bring the Standard and Poors recommendation regarding the portfolio mix for review andapproval.

Attorney Jack Roberts reviewed the "Know Your Customer" form from Wells Fargo. The formis required by the Bank Security Act and the Patriot Act, both federal laws. Attorney Robertsrecommended that the form be signed by Mr. Barkyoumb.

It was moved by; Mr. Korkoske and supported by Ms. Kraus to adjourn the meeting.

Adopted by the following vote: 4 - 0


:ti

OFFICE OF THE MAYOR9th Floor, City Hall

124 W. Michigan AvenueLansing, Michigan 48933-1694

(517) 483-4141 (voice)(517) 483-4479 (TOD)(517) 483-6066 (Fax)

TO:

City Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

March 4, 2010

RE:

2009 Annual Report-Principal Shopping District

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

VB/rhAttachment

Virg Bernero, Mayor

"Equal Opportunity Employer"

TABLE OF CONTE \ITS

v

Message from the President 1

Message from the Executive Director 2

About the Lansing PSD 5

Downtown Revitalization Program 4

Organization 4

Design 5-6

Beautification 7

aintenance 8

opment : 9

Promotions 10-11

Financials 12

PS) Leadership 13

Business Deve

Message from the President :Vince Villegas

This past year was a celebration for Lansing; we enjoyed several events honoring theSesquicentennial of Lansing, known as Lansing 150. These celebrations highlighted thewonderful history of our community and what has made us strong, however, the best isyet to come as the celebration of our future continues.

During the past 12 months the Principal Shopping District has worked hard on a number ofinitiatives to champion our healthy, vibrant urban core. Specifically we transitioned into atrue downtown revitalization organization while following the Main Street program.Through the creation of our five core committees (Design, Promotions, Organization,Business Development, and Beautification) we are experiencing growth and strongerrelationships are being formed between the business community, the City and the PSD.This comprehensive committee approach to revitalization has allowed us to streamlineour PSD Budget arid allocate funds to each committee for specific projects.

We successfully launched two new programs, Team Playmakers Downtown and Adopt-A-Spot, while maintaining and building upon previous programs such as the Blues on theSquare, Trick-or-Treat on the Square and Breakfast with Santa; each of these programshave helped to bring thousands of people to Downtown Lansing.

I hope you will take time to read this annual report which provides additional detail onthese and a host of other PSD accomplishments from the past year, reflecting countlesshours from our dedicated volunteers and staff

Many thanks to the PSD Board of Directors, committee members, volunteers, businessowners, property owners and residents who by working together made this year one thatwill surely be looked upon as a pivotal time in our history when Downtown Lansing tooka giant leap forward. If you were not involved last year, please consider joining us, as ourwork is never done. This year has shown us what can be accomplished when we applyour collective vision, our collective focus, and our collective effort.

Message from tie Executive Director,Mindy Biladeau

As 2009 began, we paused to celebrate Lansing's sesquicentennial-the 150th Anniversan oe City of Lansing. As the year-long 150th celebration went on you couldn't help but to re lect

on the past history of our capitol city and look forward with an optimistic eye to what theFuture holds.

Certainly, these are challenging times. With the State budget crisis, State and city furlough days,the lending freeze, widespread layoff announcements, and the closure of Boarshead Theater'chich all-have occurred during this past year.

While we cannot ignore these unfortunate setbacks, we have learned from Downtown's historythat we are at our best when times are tough. And that starts with a focus on the basics of adean, safe, and aesthetically pleasing urban environment; policies that support job growth andcompetitiveness; increasing foot traffic Downtown; and taking a comprehensive approach torevitalization.

Focusing on the basics is critical not just for Lansing, but for the region as a whole. DowntownIs the heart and soul that the region is identified with and the heart of the community needsto be strong for the rest of the community to continue to prosper.

It's time to continue rolling up our sleeves and working together, so we can accomplish evenmore in the year ahead. Taking a comprehensive approach to downtown revitalization overthe past year, proves that a volunteer, grassroots criven effort is what downtown Lansingneeds in order to create change and a more vibrant Lansing.

with over 500 new employees coming downtown in early 2010, the new TroPpo buildingopening, a New City Market Grand Opening in April, ground breaking of a new resicential devel-opment, Marketplace, and the launch of a brand new identity for the PSD, the momentum andexcitement of urban revitalization in downtown will continue to engage and inspire the regionand state throughout the new year.

\CIPAL SHOPPING DISTRICT:Our Mission:The Lansing Principal Shopping District (PSD) is committed to creating a thriving world class capital city, by making our down-town and surrounding neighborhoods united, vibrant, economically strong and culturally dynamic through promotion, design,business development and organization.

About Us:The PSD was created by local ordinance in 19% to promote businesses in downtown Lansing throuch advocacy, cooperativemarketing, special events, urban beautification and actively recruiting and retaining businesses within the district. In July of2008. the Lansing PSD was one of seventeen communities selected by the Michigan State Housing Development Authority'sMichigan Main Street Center to participate in the Michigan Main Street program at the Associate Level.

The Lansing Principal Shopping District is the Capital City's Central Business District and Old Town Lansing which containsapproximately 1,000 businesses in its 64-block area. The district is generally defined as the area bounded by 1-4% on theSouth, Capitol Avenue on the West, Larch Street on the East and Old Town Lansing to the North.

Lansing's PSD contains a diverse collection of galleries, retail stores and restaurants, as well as many of Michigan's most promi-nent law firms, lobbyists, and other professional o'ices. An assortment of non-profit organizations and a budding residentialcommunity are also found in the district. All commercial property owners within the district pay an annual PSD assessment.The assessment makes up about 85Z of the PSD's annual budget and is reviewed by City Council annually.

About Downtown Lansing:Michigan's capital city is the sixth largest city in the state and welcomes 1.5 million visitors a year. Lansing's downtown is thehome of state and local government as well as businesses that provide a mixture of services, unique shops and restaurants.Downtown contains three higher education facilities, a minor league baseball team, a convention center, a budding residentialneighborhood, and hundreds of private offices, all within walking distance of the State Capitol.

Contact Us:401 S. Washington Square Ste. 101Lansing, MI 48933Phone: 517-487-3322Fax: [email protected]

o n o n Revitalization Program:Implemented in August of 2008, the PSD's Downtown Revitalization Program is modeled after the highly successful nationalFour Point Main Street Approach for traditional commercial district revitalization. The approach is a volunteer and grassroots-driven effort dedicated to the health and vitality of our downtown through historic preservation, community self-reliance, andlocal ownership through organization design, business development, and promotions.Organization:

This committee handles the nuts and bolts, behind-the-scenes action that is vital to the program's success-fundraising, public relations, board nominations, and volunteer man-agement.

Goal: Strengthen the PSD's reputation and leadership in the district and support a diverse downtown community.

Priority: Increase communications between downtown stakeholders: residents, business owners, property owners, and employees.

2009 Highlights• Mission/Vision Statements: The committee worked closely with the Board of Directors in updating the mission statement of the PSD and created a Vision Statement for thePSD as well.

Website: The PSD website, www.lansingpsd.com, received a complete update. Current and relevant information about downtown Lansing is now just a click away. The websitefeatures a calendar of events to dining, shopping, and entertainment hotspots.

E-Source Newsletter: The E-Source, our monthly electronic newsletter, received a complete makeover in order to be more e =icient and effective in getting the latest down-town news to over 2,500 subscribers.

•Downtown Food Fight Fight Against Hunger: Competitive fundraising event between downtown businesses benefiting the Mid-Michigan Food Bank. Partnership between PSD,Lansing Community College, and the Mid-Michigan Food Bank on Dec. 1, 2009. About 1,400 pounds of food and about $400 in monetary donations were collected. Winnerof the Golden Can Traveling trophy was the Lansing Housing Commission. Collections from this event provided 1,000 meals to people in need in the Lansing area.

• New Identity: The PSD worked with Vision Creative in re-branding our organization, wrapping up the project in December. This project includes a new name for the organiza-tion, new logo and design scheme that will reflect the organization's position as a grass-roots comprehensive downtown revitalization organization. The new name, logo,and design scheme will be applied to most external communications, which could include letterhead, brochures and other promotional materials, email newsletters, and web-site with implementation in 2010.

• Old Town Commercial Association Main Street Grant The PSD provided an $11,000 Main Street grant to the Old Town Commercial Association to assist them in continuingto support the revitalization of Old Town through their Main Street program activities and special events like Festival of the Sun, Festival of the Moon, and Octoberfest.

Design:From streetscapes to historic renovations, this committee works to create a welcoming atmosphere and enhancethe look and feel of downtown Lansing for residents and visitors.

Goal: Improvement of the aesthetics and visual appeal of downtown Lansing

Priority: Continue rehabilitation of historic buildings, improve signage within the district, monitor and participate in thedesign of streetscape improvements, advocate for the CSO program, and update policies and/or ordinances toenhance the character of downtown.

2009 Highlights• Capital Center District Sign Ordinance Improvements: The PSD, Lansing Economic Development Corporation (LEDC),and the Department of Planning b Neighborhood Development with the City of Lansing worked together to updatethe Capital Center District Sign Ordinance. The amendments to the ordinance were approved by City Council in May.Major changes to the ordinance involved allowing for larger wall signs, providing for temporary/sandwich boardsigns, modifying the regulations to allow for more projecting signs, restricting interior window signs, and allowingbuilding identification signs.

• South Washington Square Banner: Banner poles and hardware were installed in the 200 S. Block of Washington toI-old a 3 ft. by 28 ft. across-the-street banner to promote downtown events like Blues on the Square, The CapitalCity River Run, Trick-or-Treat on the Square and Silver Bells in the City.

Downtown Sign Incentive Pilot Program: Through a partnership with the PSD the LEDC has developed a Sign GrantPilot Program in an erort to encourage the use of creative, unique, and attractive signs in the "A" District of the PSD.

he Sign Grant Pilot Program is intended to provide a financial incentive to encourage businesses to design andinstall high-quality, creative, and interesting signs rather than standard and/or lower quality signs. The overall goalis to increase the aesthetic qualities, interest and overall beauty of the downtown business district.

• Facade Renovation: Property owner Thomas Cathey restored his building at 309 S. Washington Square close to its1911 original condition. The second floor false facade was removed revealing original brick. Some spalled brickswere replaced including the piers and above upper windows, and the original brick was tuck pointed. A new cornicevitas added to the facade to replace what was removed several years ago. New brick was added to the sidecolumns on the first loor. The upper windows were replaced to fit their original height, the first floor storefront anddoors were replaced relecting a historic appearance. New awnings were added to first and second 1oors. In themiddle of project, the support beams had collapsed and had to be rebuilt. The final touch was made by adding a rIirnestorie block engraved with the word "PEACE" at the top o- the facade. This dramatic facade renovation wasmade possible through the assistance of a Facade Grant proviced by the LEDC.

Design:Downtown Streetscape Improvements:

Allegan Street between Grand Ave. and Capitol Ave. received a complete upgrade in streetscape improvements including new concrete sidewalks, brick pavers, trees with treeboxes, benches, historic lamp poles, and trash cans. The PSD assisted the Department of Public Service with the City ofLansing with the design. The streetscape improvementproject cost about $209,000 and was completed in November along with the Combined Sewer Overflow (CSO) work.

The Grand Ave. streetscape project area was from Lenawee to Ottawa. Streetscape improvements included concrete sidewalk and driveway approaches, brick paver pedes-trian walks adjacent the new concrete sidewalk, benches, trash cans, perennial and shrub planter boxes, tree wells, and an associated irrigation system. The streetscapeirnprovernent project cost about $1.18 million and was completed in November.

Beautification:This committee works to improve the appearance of the public right-of-way, green spaces and problem areas while encouraging community involvement with beautificationprojects and programs in order to make downtown a more pleasant p ace to be.

Goal: Provide a clean, safe, and attractive urban environment and enhance public spaces for everyone.

Priority: Improve the downtown urban experience, particularly by making sidewalks and the tralc circle area more inviting.

2009 Highlights•Capitol City Clean Sweep: This may, 130 employees of several downtown businesses came together and hit the streets for a spring clean up of the downtown area by pickingup liter and debris from area sidewalks, parks, planters and alleyways.

• Adopt-A-Spot: Through a partnership with the city o Lansing's Department of Public Service, the PSD created and implemented an Adopt-A-Spot Program to assist with themaintenance o over 40 rain gardens and 100 plantec gardens within the downtown area. Launched in July of 2009, Adopt-A-Spot provides an opportunity for the businesscommunity anc volunteers to play an active and on-going role in cleaning, greening and maintaining our downtown area through adoption of a site. Sites for adoption includerain gardens, flovverbeds, historical markers and other public spaces within the downtown area. At the end of the first year of the Adopt-A-Spot program 48% of the spotswere adopted (69 of the 152 spots) with over 150 volunteers involved in the program.

• Traffic Circle Plantings: The tra is circle at Michigan Ave. and Washington square received makeovers this spring and fall. In may the PSD held the first coordinated volunteerplanting day with the capitol Building and downtown businesses. 10,800 plants of salvia, Bronze Leaf Begonia, Green Lear Begonia, and Dusty Miller were planted in the trafficcircle area and 193 flats of annuals were planted along the N. and S. Blocks of Washington square. In September, perennials were planted in the tra =it circle area by volunteersthat consisted of 586. yellow, orange, and purple mums, Blue Star Junipers, Piglets, and Geraniums. In addition, 290 tulip and mixed dutch iris bulbs were planted.

•Downtown Tree Master Plan: The PSD partnered with the Department of Public Service and C2AE in developing a Downtown Tree Master Plan that was completed this August.This plan serves as a guide for tree selection, the preservation of existing trees, primary tree species to be used in the downtown area as well as alternate tree species thatmay be used and an implementation plan on a block by block basis. The Downtown Tree Master Plan is a very useful tool as the CSC) program continues to have an impactin the downtown area and as new streetscape projects continue in years to come.

• Holiday Decorations: The PSD was asked to take over downtown holiday decorations this year by the Arts Council of Greater Lansing and jumped at the opportunity. Newdowntown holiday decor was installed this November or the first time in over a decade through a partnership with the Department of Public Service. New holiday decorconsisted of 216 red bows and 166 20 ft. strands of fresh cedar roping for the lamp poles on Michigan Ave., Washington Square, and a portion of capitol Ave., 5,100 ft of whiteLED lights that illuminated 28 street trees along Michigan Ave. between Grand Ave. and Capitol Ave., and 4 large ornaments, Eft. in diameter, all with gold rings made for a trulystunning display in the center of the traf =fc circle at Michigan Ave. and Washington Square.

Maintenance:Since 2004, Lansing Total Lawn Care Professionals has been contracted to sufficiently perform ear-round cleanup duties, Monday - Saturday, within the "A" District of thefPSG. These duties include, but are not limited to, emptying and maintain trash receptacles, removing trash and liter, landscaping and planting, removing flyers and posters,weekly inspection and cleaning of kiosks and performing seasonal duties. Seasonal duties include, removal of snow/ice Tom sidewalks, blowing and clearing of leavesIrom sidewalks and planting, mowing, watering, cultivating, weeding, feeding, pruning, insect and pest control, spraying anc any other procedure consistent with goodhorticultural practice necessary to maintain excellent curb appeal.

Installation of Doggie Bag Containers: In order to combat unwanted pet waste on sidewalks, planters and (lower beds the PSD installed eight Doggie Bag Dispensers on the100 and 300 N. and S. Blocks of Washington Square and two Doggie Bag Dispensers were installed on Michigan Ave. one on the 500 E. Michigan Ave. block and one acrossthe street in front of Oldsrnobile Park.

Business Development:This committee works to support local businesses through education andmarketing assistance. It strives, through market analysis to retain and recruit newbusinesses that support the economic fabric of downtown Lansing.

Goal: Strengthen and unite the downtown business community.

Priority: Provide programs and opportunities to inform and engage PSD stake-holders and the Downtown community.

2009 Highlights• Downtown Social Hour: Introduced in February 2009, Downtown Social Hour ise monthly get together for residents, business owners, students, downtownemployees, and property owners. Downtown Social Hour is held the firstWednesday of the month from 5-7 p.m. and rotates to a different downtownbar/restaurant throughout the year. Each bar/ restaurant o =ers cheap drinkspecials and complimentary appetizers. Average attendance for the first season•.vas about 75 people and some venues seeing up to 175 guests.

• Downtown Business Huddle: Introduced in October of 2009. The DowntownBusiness Huddle is a monthly forum for downtown business owners and associ-ates to get informed on what is going on downtown and to network with othercolleagues and merchants. The Downtown Business Huddle takes place the firstTuesday of the month from 8-9 a.m. at it's new venue for 2010, MBC.

• Downtown Business Survey: The PSD put together the first annual DowntownBusiness Survey for retail and commercial businesses in the "A" District of thePSD. Eighty surveys were mailed and 22 were returned for a 28 response rate.Survey responses help the PSD understand the challenges of doing businesswithin downtown Lansing's Central Business District as well as develop programsand services to help our businesses succeed.

• Realtor/Broker Roundtable: The LEDC unveiled the recently completed Down-town Market Study & Strategies Project in March. The study provides a current,real-time snapshot of downtown Lansin g today and o -ers a glimpse of thedowntown's potential and opportunities for the future, with special emphasisdirected toward: business opportunities, residential o pportunities, and New CityMarket Opportunities. In April, the PSD organized the first Realtor/Broker Round-table to share the Downtown Market Study b Strategies Project results with themajor commercial brokers that do business in the downtown.

Promotions:This committee works to market downtown's unique qualities by building a positive imageOr the district and create a fun, vibrant environment.

Goal: Create a more positive local and regional image for the district.

Priority: Enhance the Downtown experience with creating new attractions, events, andpromotions.

2009 HighlightsCo/Op Advertising Opportunities:•GLCVB 2009 Visitors Guide Ad: The Principal Shop ping District partnered with nine businesses and featured a full- page "destination-style" ad in the 2009 Greater Lansing Conven-tion S Visitors Bureau Official Visitors Guide. Near.y 150,000 guides are distributed to area hotels 6 motels, such as the Radisson Hotel and the Kellogg Center; local malls andshopping centers including the Lansing mall, meridian mall, Lansing center and downtown kiosks; 13 Michigan Welcome Centers; local colleges S universities; real estate o'fces;and convention and visiting groups

•Holiday Commercial Co/Op Opportunity: PSD invested in a holiday co/op campaign to help offset the impacts of a down economy during the important holiday retail seasonby partnering with 12 downtown businesses to produce 384 30 sec. commercials airing from December 1 through December 24 on Fox 47.

Special Events: introduced 17 new events to our annual downtown Lansing event calendar, putting us at a total of 26 events in 2009 hosted by the PSD.• Ice Sculptures on the Square took place on February 14 with over 1,500 attendees. The PSD assisted coordinating this new event with Lansing 150, which included 15 icesculptures lining the 100 and 200 S. Blocks of Washington Square, outdoor music, a warming tent with coffee, hot chocolate, cookies, and kids activities. The PSD is expandingon the 2009 event and creating a new winter festival called the Frost Fest debuting in February 2010.

Blues on the Square: Blues on the Square is a free summer concert series that returned to washington Square on Thursdays nights in downtown Lansing for its third season.Building off the success of its 2007 debut, Blues on the square drew hundreds of spectators to downtown Lansing weekly featuring nationally known blues artists. Blues onthe Square is a 7 week Blues concert series made possible through a partnership with citadel Broadcasting and the City of Lansing from June through August.

•Trick-or-Treat on the Square: The second annual Trick-or-Treat on the Square took place in October. A number of new activities and s ponsors were introduced to the eventin 2009. Some new activities included slime making, a donut eating contest, Potter Park Zoo hands on animal behavior display, and a may maze made out of 500 hay bails.Attendance doubled from 2008 with approximately 10,000 in attendance for 2009.

• Breakfast with Santa: Breakfast with Santa was started in 2008 as a new tradition for Lansing area families the morning after silver Bells in the City. Attendance tripled and wasnearly sold out for our 2009 event, with about 300 people enjoying Breakfast with Santa at its new home, Troppo.

Promotions:SocialMedia: The PSD used two social media outlets, Facebook and Twitter, to promote downtown businesses, events, promotions, and recruit volunteers throughout theyear. Started in February the Lansing PSD Facebook page has 420 fiends and with the launch of Downtown Lansing on Twitter in April, there are currently 586 followers andglowing daily.

Promotions: Ten promotional opportunities were available to downtown businesses that consisted of the Lion King Promotion with The Wharton Center, Cap City's Luck ofthe Irish Bar Tour, Arbor Day Promotion, Businesses for Clean Water, Swish Bucks, Hard Hat Day, Construction Fence Wraps, PSD Booth at Be a Tourist in Your Own Town, Blueson the Square Kick-0 =, and the Cast of Irving Berlin's White Christmas caroling downtown; a few are listed below.

• Lion King Promotion: The PSD partnered with The Wharton Center and 10 downtown businesses to promote the Broadway show by giving away ticket packages. Downtownpatrons entered for a chance to win from march 9 through March 18.

• Cap City's Luck of the Irish Bar Tour: The PSD worked with seven downtown bars on a St. Patty's day pub crawl. The bar tour brought MSU, Cooley, and LCC students, residentsand downtown employees downtown to experience different bars/restaurants. The Bar Tour also promoted the Entertainment Express Trolley connecting downtown EastLansing to downtown Lansing.

• Businesses for Clean Water: Forty businesses are members of Businesses for Clean Water. Businesses for clean water was organized by the PSD in partnership with the CSOControl Program as a way for environmentally conscientious downtown businesses to express their support for the program and its end result - a cleaner, greener Lansing.

• Swish Bucks: Lansing CSO, Motion Marketing 6 Media and the PSD launched the Swish Bucks promotion to bring people downtown to patronize businesses despite theAllegan Street Construction. 30 businesses participated in the Swish Buck promotion which ran from June 29 through September 8. $5 Swish Bucks were handed out by swishthe Fish on several different days, times and events this summer. $1150 out of $4875 Swish Bucks were redeemed (23.6% redemption rate).

• Cast of Irving Berlin's White Christmas: The PSD partnered with the Wharton Center, Troppo, and Decker's Coffee Co., on December 9 to bring 9 cast members downtown tocarol at the tra- is circle, City Hall, Troppo and Decker's Coffee Company.

New Program:Team Playmakers Downtown: In order to help get downtown employees out of the office to get fit and connect them with the River Trail the PSD created and implementedTeam Playmakers Downtown, which kicked-of in June. Team Playrnakers Downtown is a public-private partnership between the PSD, Playmakers, and the Downtown YMCAWellness Center. Team Playrnakers Downtown is a 17 week (34 training sessions) walking and running program that runs from June through September every Tuesday andThursday from 11:30-1:30 p.m. 114 downtown employees participated in the first season surpassing our goal of 100.

Financials:The PSD began the year with the challenge ofan unhealthy fund balance of $7, '126. By re-structuring the organization the PSD was able to reallocate funds and prioritiesin order to ensure financial stability at the end of the fiscal year. Total Revenues for FY 2009 equaled $485,065 and total expenditures equaled $431,930 leaving anincrease ofour fund balance of $53,135 for a year-end total fund balance of $60,261. The PSD moves ahead to FY2010 as a financially stable organization.

FY 2009 Revenue(July 1, 2008 - June 30, 2009)

o Peddlers LicenseDLI Contract

❑ Interest Income❑Special Assessments

Grantso Sponsorships/Miscellaneous

RevenueOperating Transfer-GeneralFund

FY 2009 Expenditures(July 1, 2008 - June 30, 2009)

o AdvertisingBeautification

❑EquipmentMaintenance Contractold Town Main Street Grant

si Personnel® Print b Production

Professional ServicesPublic Relations

® Special EventsOperations

3%

PSD leadership:The Lansing PSD Board of Directors is a volunteer group with vested interest inachieving the mission of the organization. The Board also represents businessinterests within the district in dealings with city officials and policy-makers byproviding a unified voice and educating stakeholders on a variety of issues. TheBoard is also responsible for setting goals, approving the annual budget, andestablishing program policy and expectations based on current downtownrevitalization needs.

2009 Board of DirectorsVince Villegas, PresidentColdwell-Banker Hubbell Briarwood Realty

Doug Johns Jr., Vice PresidentLDJ Leasing

Bob Trezise, TreasurerLansing Economic Development Corporation

Terry Carella, SecretaryThomas M. Cooley Law school

Kris ElliottInfinity Companies

Stacy WallaceButzel Long, P.C.

Phil ClackoFifh Third Bank

Farhan BhattiDowntown Resident

Advisory MembersEric Rosekrans, CBRE-Richard EllisTim Kaltenbach, Lansing City CouncilBrittany Hoszkiw, Old Town Commercial Association

StaffMindy Biladeau, Executive DirectorSara Pawloski, Communications 6 Marketing ManagerJenn Wood, Downtown Revitalization CoordinatorKaitlynn Sova, Adopt-A-Spot Coordinator (Seasonal)

Downtown Revitalization Program Committee MembersBusiness Development:Brian Anderson, Chair: Lansing Economic Development CorporationPierre LaVoie, Small Business Association of MichiganJoanne Jansz, Greater Lansing Business MonthlyDoug Johns, Jr., LDJ LeasingDiane Sanborn, Coldwell-Banker Hubbell Briarwood b Cozy Koi Bed 6 BreakfastJason Kildea, Gillespie GroupJonathan P. Eyde, Global Developments LLCJen McCollum, Big Brothers Big SistersTom Truscott, Lansing ResidentJustin Spyker, Capitol National Bank

Organization:Phil Clacko, chair, Fifth Third BankStewart Powell, Linn b Owen JewelersTorn Stewart, Stewart ConsultingKimberly Whitfield, Lansing ResidentLori Lanspeary, Greater Lansing Convention 6 Visitors BureauKathy Johnson, Capital Area District LibraryWilliam Nicklasovic, Lansing Community College

Design:Joe Wright, C2AEMarchelle Smith, Lansing Economic Development CorporationChad Gamble, Department of Public Service, City of LansingJim Bennett, Department of Planning 5 Neighborhood Development, City of LansingStephen Plumbley, Motion Marketing B MediaBryan Lyewski, Michigan State Historic Preservation O iceKen Jones, Studio IntrigueBob Smith, Hobbs 6 Black Architects

Promotions:Terry Carella, Thomas M. Cooley Law SchoolErik Larson, Impression 5 Science CenterDana Kromer, Fox 47Emily Wenstrom, Motion, Marketing b MediaAndrea Ragan, Lansing Economic Development CorporationLeslie Donaldson, Greater Lansing Arts CouncilDrew Bossier, TroppoMichelle Fink, Vision Creative

Beautification:Matt White, State Capitol BuildingLori Orrin, National CityKevin Johnson, Lansing Total Lawn CareGinny Nobach, NuUnionKellee Christensen, Lansing Board of Water & Light

1

it

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:


FROM:

Mayor Virg Bernero

DATE:

March 4, 2010

RE:

Proposed Program Objectives for Community Development Fund Resources andProjected Use of Federal Funds for FY2011


VB/rhAttachment


DEPARTMENT OF PLANNING ANDNEIGHBORHOOD DEVELOPMENT

City of LansingVirg Bernero, Mayor

DEVELOPMENT OFFICE316 N. CAPITOL AVENUE, SUITE D-2

March 3, 2010

Honorable Mayor Virg BerneroNinth Floor City HallLansing, MI 48933-1694

Dear Mayor Bernero:

RE:

Proposed Program Objectives and Projected Use of Federal Funds FY 2011

The Lansing Planning Board, at their meeting on February 16, 2010 voted unanimously (4-0) torecommend approval of the Draft Statement of Proposed Program Objectives and ProjectedUse of Community Development Fund Resources for Fiscal Year 2011. A copy of thestatement is attached for your review, which identifies the activities to be undertaken by the Cityusing Community Development Block Grant (CDBG), HOME Program and Emergency Shelter(Solutions) Grant (ESG) Program Funds commencing July 1, 2010.

A public hearing was held on December 1, 2009 at the Planning Board. The minutes of thepublic hearing are attached to this letter for your information. Two people spoke at the publichearing inquiring about the use of CDBG funds and Economic Development activities. Thesecond of 3 public hearings regarding the funding allocations was held on February 2, 2010.The last hearing will be held before the City Council on April 12, 2010. In addition to thehearings, public comments will be solicited for a thirty (30) day period beginning with thepublication of a summary of the Plan in the Lansing State Journal in March. The ConsolidatedPlan, which is the City's planning document and application for these programs, must besubmitted to the Department of Housing and Urban Development by May 14, 2010.

The proposed use of funds is based on goals and objectives established for each of the three(3) programs, and reflects needs identified and commitments made relative to housing andshelter rehabilitation, weatherization, public improvements and redevelopment activities. Theallocation for public services is limited to 15% of the estimated Community Development BlockGrant at the time the Board took action. The allocations for administration, planning and urbandesign and project operations are staff and operating costs related to delivery of not only theCDBG, HOME and Emergency Shelter Grant Programs, but other State and Federal Programsas well.

Community Development Block Grant, HOME Program and Emergency Shelter (Solutions)Grant Program Federal Funds estimated in the amount of $3,221,337 will be budgeted for thenext fiscal year.

Please recycle


316 N. Capitol Avenue .Lansing, MI 48933-1234 0(517)483-4040•Fax: (517)483-6036

,am;9,I'swoaFPOP.T,INITY

Proposed Program Objectives and Projected Use of Federal Funds, FY 2011, Page 2.

Funding levels will not be firm until appropriations are finalized by the Congress of the UnitedStates and grant agreements ordered by the U.S. Department of Housing and UrbanDevelopment.

The Planning Board recommends that the Mayor and City Council adopt the Draft Statement ofProposed Objectives, Goals and Projected Use of Community Development Fund Resources aspart of the budget for Fiscal Year 2010-2011 for the City of Lansing was made by unanimousvote. Attached for your information are copies of the minutes of the public hearings onDecember 1, 2009 and February 2, 2010 and the February 16, 2010 action taken by thePlanning Board.

Please forward this information to the members of the City Council.

Sincerely,

7William C. Rieske, Sec etar/All----'Lansing Planning Board

CITY OF LANSING .PROPOSED FUNDING ALLOCATIONS

COMMUNITY DEVELOPMENT BLOCK GRANTHOME PROGRAM ACTIVITIES AND EMERGENCY SHELTER GRANT

2010-2011****************************************************************************************************PURPOSE: TO PROVIDE CITIZENS THE OPPORTUNITY TO EXAMINE ANDCOMMENT ON PROPOSED OBJECTIVES, GOALS AND PROJECTED USE OFCOMMUNITY DEVELOPMENT FUND RESOURCES, INCLUDING THE COMMUNITYDEVELOPMENT BLOCK GRANT, HOME AND EMERGENCY SHELTER GRANTPROGRAMS, TO BE INCLUDED IN THE CITY'S ANNUAL ACTION PLANSUBMISSION FOR FY 2011.

CITY OF LANSING COMMUNITY DEVELOPMENT OBJECTIVES

The primary objective of Lansing's Housing and Community Development Program isthe development of a viable community which will provide standard housing in a suitableliving environment, principally to benefit low and moderate income persons, preserveand expand existing businesses and industries, and create an atmosphere conducive tostability in neighborhoods. Specific objectives are enumerated as follows:

a. Provide standard housing in a suitable living environment through rehabilitation,new construction and improvement of the housing stock primarily in CDBGeligible neighborhoods and in specifically designated housing target areas.

b. Provide housing counseling and assistance that will benefit low and moderate-income households.

c. Promote home ownership for low and moderate-income households.

d. Maintain at current levels the number of public and assisted housing unitsavailable to low and moderate-income households.

e. Provide assistance to develop housing and supportive human services for peoplewith special needs and who are homeless and those at risk of becominghomeless.

f. Provide assistance to rehabilitate housing and deliver supportive human servicesto low and moderate income households with special needs.

g.

Promote economic opportunity for low and moderate-income individuals byfacilitating economic development, providing employment and sponsoring jobtraining, business and educational programs and initiatives.

h.

Promote economic development to provide jobs, business services and shoppingopportunities for residents located in CDBG eligible areas.

Provide community services, recreational opportunities and public facilities toimprove the quality of life in CDBG eligible neighborhoods.

3/2/2010

J.

Increase security and safety in neighborhoods by supporting public safety andcrime prevention initiatives, public educational programs and citizens' awarenessin CDBG eligible areas.

k.

Improve the city's transportation and infrastructure systems in CDBG eligibleareas.

Protect and improve the city's physical environment, including preventing oreliminating blight, removing lead or other safety hazards, preserving historicresources and improving energy fitness in housing occupied by low andmoderate-income households.

m.

Promote fair housing objectives.

PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANTACTIVITIES AND USE OF FUNDS

2010-2011

CDBG Single-family, Owner-Occupied Rehab Program

Includes loans and grants for rehabilitation of owner-occupied housing

$800,000units through city sponsored programs, and in conjunction withaffordable housing efforts sponsored by nonprofit housing corporationsand other state and federal agencies. Includes funds to meet leadhazard reduction regulations in rehabilitated structures, funds to assistin emergency rehabilitation, market analysis activities and technicalassistance to nonprofit housing corporations, contractors, low andmoderate income households. Includes loans and grants for owner-occupied single-family units through city sponsored programs, loans torehabilitate historic homes in conjunction with rehabilitation of the unit,and loans or grants for ramps or weatherization. Includes staff, officespace, technical assistance, training and other direct project costsassociated with delivery of Community Development Block Grant,HOME, Emergency Shelter Grant and other State and FederalPrograms. 30 housing units estimated. Additional units to becompleted with prior year funds.

CDBG Rental Rehab Program

Includes loans and grants for rehabilitation of rental housing units

$100,000through city sponsored programs. Includes funds to meet lead hazardreduction regulations in rehabilitated structures.

Weatherization

Includes financing of an Energy Fitness Program and/or Energy

$ 100,000Optimization Program to benefit low and moderate-incomehouseholds, 100 housing units estimated with current funding.Additional units to be completed with prior year funds.

3/2/2010

Acquisition

Includes maintenance and security of properties acquired through

$ 100,000programs, and activities related to acquisition, relocation andclearance of dilapidated structures. Funds may also be used toacquire properties in the flood plain. Also includes staff timeassociated with this activity. 2 housing units estimated.

Public Improvements

General street, sidewalk, water/sewer improvements, including

$ 127,131assistance to income eligible owner-occupants or those in CDBG-eligible areas for special assessments related to new improvements.Includes improvements to neighborhood parks and recreationalfacilities in CDBG-eligible priority areas.

Public Services (limited to 15%)

Includes homeownership counseling and education, neighborhood

$ 329,000counseling, youth and senior programs, neighborhood clean-ups,home repair classes, tool lending programs, employment training, andcommunity safety. Services are for low and moderate-incomeindividuals and/or those in CDBG-eligible areas located within theLansing city limits.

Economic Development

Loans, technical assistance and training to low and moderate-income

$ 200,000owners of and persons developing micro-enterprises within or planningto locate within the Lansing city limits. (A micro-enterprise is abusiness with five or fewer employees, including the owner(s).)Estimate 8 people trained.

Creation of jobs to benefit low and moderate-income city of Lansingresidents. Estimate 3 jobs.

Technical assistance to for-profit businesses including workshops,facade improvement loans/grants, market analysis, businesspromotion, referrals for the attraction of new business and expansionof existing business within CDBG-eligible areas of Lansing. Estimate 5businesses assisted.

CDBG General Administration (limited to 20%)

Includes staff and other costs associated with preparation of required

$ 439,000Consolidated Planning documents, environmental clearances, fairhousing activities and citizen participation activities associated with thedelivery of CDBG, HOME and other state and federal Programs.Includes planning and general administration costs associated withdelivery of CDBG and other state and federal Programs. Includesindirect administrative costs and building rent paid to the city.

3/2/2010

Total CDBG:

$2,195,131

PROPOSED HOME PROGRAM ACTIVITIES AND USE OF FUNDS

HOME Owner Rehab Program

Includes loans and grants for rehabilitation of at least two owner-

$

100,000occupied housing units. Additional units to be completed with prioryear funds.

Down Payment Assistance

Funds provided to homebuyers for down payment and closing costs for

$ 200,000purchase of home located within the Lansing city limits. Up to $15,000will be available as a 0% interest second mortgage for homebuyerswith income at or below 80% of median income. Assistance not limitedto first-time homebuyers. Also includes staff time associated with thisactivity. Estimate 12 housing units.

New Construction

Includes funds for loans and grants for construction of 1 affordable

$ 100,000housing unit. Additional units to be completed with prior year funds.

HOME Development Program

HOME funds allocated for housing developed in partnership with the

$251,849city, including Supportive Housing Program (SHP) activities, andHomeowner Purchase Rehab (HPR). Projects may include newconstruction and rehabilitation activities with non-profit and for-profitdevelopers, including CHDOs. Funds may also be transferred for usein single-family, owner-occupied rehabilitation projects. Also includesstaff time associated with these activities. 2 housing units estimated.Additional units to be completed with prior year funds.

Community Housing Development Organization (CHDO) Operating (limited to 5%)

Funds reserved at option of the city to provide operating funds to

$

46,000CHDO's utilizing HOME funds provided by the city to produceaffordable housing in the community.

CHDO Set-aside (15% minimum required)

HOME Program set-aside reserved for housing developed, sponsored

$ 140,000or owned by CHDOs in partnership with the City. 2 units estimated.

HOME General Administration (limited to 10%1

Includes staff and general administration costs to deliver HOME

$ 92,000Program. Includes funds to finance Fair Housing Initiatives.

3/2/2010

Total HOME:

$ 929,849

EMERGENCY SHELTER (EMERGENCY SOLUTIONS) GRANT PROGRAMACTIVITIES*AND USE OF FUNDS

Shelter Operation

Funds provided to shelter providers to cover cost of maintenance,

$ 96,357operations, insurance, utilities and furnishings in shelter facilities.

Total ESG

$ 96,357

SUMMARY

Estimated Thirty-Sixth Year Community Development Resources:

Estimated CDBG Entitlement Grant:

$2,195,131

Estimated HOME Program Funds:

929,849

Estimated ESG Program Funds:

96,357

TOTAL:

$3,221,337

Administrative, management and operation costs for the above programs include theadministration, management and operations of the eligible activities, as well as otherfederal and state community development programs in which the city is now ormaybe participating. *Forthcoming changes due to the HEARTH Act will result intransitioning this program name and activities from Emergency Shelter Grant Program toEmergency Solutions Program.

At the time of this publication, allocations had not been established by the federalgovernment. It is anticipated that figures presented here will change after the final grantamounts are announced.

Questions regarding the above material may be sent to the following address:

Department of Planning and Neighborhood DevelopmentDevelopment Office

316 N. CapitolSuite D-2

Lansing, MI 48933-1234Attention: Doris M. WitherspoonTelephone: (517) 483-4063

3/2/2010


December 1, 2009

Page 1 of 4

Draft to Clerk December ,2009

Approved December ,2009

To Clerk December ,2009

Minutes of the Regular MeetingLANSING PLANNING BOARD

6:30 p.m., Main LevelFire Station #1, Community Room

120 E. Shiawassee StreetTuesday, December 1, 2009

1.

OPENING SESSION

The meeting was called to order at 6:33 p.m. by Chairman Frederick

A. Roll call: Present: Frederick, Williams, Tobe, Cox and GrahamB. Staff Attending: Stachowiak and StanleyC. Excused Absences: Ruge

2. APPROVAL OF AGENDA

Ms. Graham made a motion, seconded by Ms. Tobe to approve the agenda aswritten. On a voice vote (5-0), the motion carried.

3.

COMMUNICATIONS

A. Email from Allen Drouare on behalf of NeoPhase Properties, Inc. and theReoTown Commercial Association requesting funding to help revitalize theReoTown area.

B. Email from Susan Shoultz, Executive Director of EVE, Inc. thanking theCity for past and continued funding of its emergency shelter program.

4.

HEARINGS

A.

Z-5-09, 610 N. Seymour Street, Rezoning from "DM-4" Residential to"D-1" Professional Office district

This is a request by Motion Properties, Inc. to rezone the property at 610N. Seymour Street, more specifically described as:

North 34 feet of the West 7 1/2 Rods of Lot 6, Block 63, Original Plat

from "DM-4" Residential District to "D-1" Professional Office District. Thepurpose of the rezoning is to permit the building at this location to be usedfor offices and residential units.


December 1, 2009

Page 2 of 4

Staff recommended approval of the rezoning based upon its consistencywith the master plan and with the surrounding zoning and land usepatterns.

Patrick Dowling, 3111 Ivywood Court, Lansing MI spoke in support ofhis request. He said that there is ample parking at 614 N. SeymourStreet. He also said that he has owned 614 N. Seymour for 3 years andpurchased 610 N. Seymour in order to provide more space for the hiswife's business and to rent out the upper floor.

Chris Holman, 617 N. Seymour Street, spoke in support of the request.He stated that he owns property in the area and converting the building tooffice use will actually reduce traffic in the neighborhood. He said that theapplicant's properties are a real asset to the neighborhood.

Seeing no one else wishing to comment, Mr. Frederick closed the publichearing.

B.

2011 Action Plan Community Needs Public Hearing

Ms. Witherspoon stated that this is an opportunity for concerned citizensand neighborhood organizations to influence future programming and useof federal (CDBG, HOME and ESG) program funds in Lansing. She saidthat this year is the start of the new five year plan, however, HUD hasextended the existing five year plan because of the stimulus money andother related factors including allowing time for the new censusinformation to become available.

Sam Nealy, 326 W. Grand River Avenue, stated that he owns property inReoTown and the area is in need of revitalization. He said that there is aneed for a staff person who would work closely with the City DevelopmentOffice to assist in this effort. Mr. Nealy said that this person could workwith multiple entities on the south side of Lansing to assist withrevitalization and to coordinate activities.

Mike Schorsch, 3870 Bellevue Road, Leslie, MI, stated that he worksfor the Board of Water & Light but is only representing, himself at thismeeting. He asked what the CDBG funds have been used for in the past.

Ms. Witherspoon stated that the City has used its CDBG funds for homeimprovements, weatherization, economic development, etc. She said thatthe City will be holding more hearings in the near future and will present adraft plan to the Planning Board in January at which time the City willhave a better idea of how much funding will be available. She said thatthe City Council will also hold a public hearing after the first of the year,prior to the submission of the plan in May 2010.


December 1, 2009

Page 3 of 4

Seeing no one else wishing to comment, Mr. Frederick closed the publichearing.

5. COMMENTS FROM THE AUDIENCE - None

6. RECESS was not taken by the Board.

7. BUSINESS SESSION

A.

Consent Items

1. Minutes for Approval: November 17, 2009

The minutes of November 17, 2009 were approved withoutobjection.

2. Act-8-2008, Acquisition of Riverfront Parcel

Act-8-2008, Acquisition of Riverfront Parcel was approved, withoutobjection.

B.




3. COMMITTEE OF THE WHOLE

4. EXECUTIVE COMMITTEE

C.

Old Business

D.

Pending Items: Future action required

1. Zoning and Ordinance Committee2. Urban Development Committee

a. Master Plan Project3. Committee of the Whole

a. SLU-5-2008, 528 N. Pine Street4. Planning Board


December 1, 2009

Page 4 of 4

8.

NEW BUSINESS

A.

Z-5-2009, 610 N. Seymour Street, Rezoning from "DM-4" Residentialto "D-1" Professional Office

Mr. Williams made a motion, seconded by Ms. Graham to approve Z-5-2009, 610N. Seymour Street, Rezoning from "DM-4" Residential to "D-1" Professional OfficeOn a roll call vote (5-0), the motion carried unanimously.

9. REPORT FROM PLANNING MANAGER

10. COMMENTS FROM CHAIRPERSON

Mr. Frederick said that he recently spent 5 days in Chicago and one of the thingsthat he really noticed was how the city is very pedestrian friendly. He said thatmotorists are far more courteous to people walking around the city.

Mr. Frederick said that the City did not stripe the pedestrian pathways onWashington.

11. COMMENTS FROM BOARD MEMBERS

Ms. Tobe said that she would prefer to still receive a packet in the mail in additionto the emailed packet. Ms. Graham, Mr. Cox, Mr. Frederick and Mr. Williamssaid that they do not mind receiving the hard copy of the packet at the meeting.

12. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS

a. Dollar Store - Willow Street & MLK Blvd. - landscaping & buffering (May 20, 2003)b. W. Willow Street - Grace Tabernacle Church - no landscaping (May 4, 2004)c. 2702 S. Cedar Street - no landscaping (May 18, 2004)d. 2410 S. Pennsylvania Ave. - no landscaping (November 3, 2004)e. The Firm - review requirements for fenced outdoor patio (December 5, 2006)f. Washington Square Tavern - permanent outdoor patio & inadequate room on the sidewalk (November

20, 2007)

13. ADJOURNMENT - Meeting was adjourned at 7:00 p.m.

Respectfully submitted,

William C. RieskeSecretary, Planning Board

Planning Board

February 2, 2010

Page 1 of 3

Draft to Clerk February , 2010

Approved February , 2010

To Clerk February ,2010

LANSING PLANNING BOARD6:30 p.m., Main Level

Fire Station #1, Community Room120 E. Shiawassee Street

Tuesday, February 2, 2010

1.

OPENING SESSION

A. Roll call: Present: Tobe and GrahamB. Staff Attending: Stachowiak, Witherspoon and StanleyC. Absences: Frederick, Ruge, Williams and Cox

The Planning Board did not have a quorum and therefore, only the public hearings wereheld.

2.

HEARINGS

A.

Proposed Funding Allocations for Federal Funds (CDBG, HOME,ESG), Fiscal Year 2011 (7/1/10 - 6/30/11)

Ms. Witherspoon stated that this is the time for a public hearing whichwill provide an opportunity for citizens to comment on the proposedobjectives, goals and projected use of community development fundresources, including the Community Development Block Grant,HOME and Emergency Shelter (solutions) Grant programs, to beIncluded in the City's Consolidated Strategy and Plan submissionfor Fiscal Year 2011. The city expects to receive approximately $3.2million in new funding through the Community Development BlockGrant, HOME and Emergency Shelter (solutions) Grant programsduring the next fiscal year commencing on July 1, 2010 and endingJune 30, 2011. Any person in the audience that wishes to addressthe Planning Board on these matters should come to the microphone,state your name and address and provide us your comments.

Stacey Smith, Tri-County Office on Aging, 5303 S. Cedar Street,asked if the money is already allotted or if there is grant funding available.

Ms. Witherspoon said that this hearing involves new funding and theDevelopment Office is accepting applications for use of the funds.

Toni Young, City of Lansing Human Relations, stated that she justcame to listen. She asked about the time line.

Ms. Witherspoon said that the plan is due to HUD by May 14, 2010. Shesaid that the plan still has to go through the process of being approved bythe Planning Board and City Council.

Planning Board

February 2, 2010

Page 2 of 3

Ms. Witherspoon stated that the proposed objectives, goals and projecteduse of funds presented this evening will be on Planning Board agenda forapproval at the February 16, 2010 meeting which will be held at 6:30 p.m.at Fire Station #1, 120 E. Shiawassee.

B.

Z-1-2010, 300 Elvin Court, Rezoning from "B" Residential to "F"Commercial

Ms. Stachowiak presented the case. She stated that this is a request byStudio Intrigue, Inc. to rezone the property at 300 Elvin Court from "B"Residential District to "F" Commercial District. The purpose of therezoning is to permit the building at this location to be used for offices withshared community space.

David Vanderklok, Studio Intrigue Architects, 1114 S. WashingtonAvenue, stated that the building was constructed in 1927 and was built forthe armory use. He said that the building has been used for many typesof "community" uses over the years. Mr. Vanderklok stated that most ofthe work that they need to do involves interior work on the building. Hesaid that this is the most well maintained building of this period that he hasever been in. He stated that the most difficult aspect of the project isgoing to be handicap accessibility because they have to maintain thehistoric integrity of the building.

Mr. Vanderklok said that there is a well equipped kitchen in the buildingthat the new owner would like to make use of. The plan is to allow acaterer to use the kitchen to provide food service to the users of thebuilding and for off-site catering.

Mr. Vanderklok said that the parking lot is in bad shape and will need to beresurfaced and re-striped. He also said that they will try to get the addresschanged from Elvin Court since the traffic will be from Marshall Street.

Carrie Tansy, 235 Elvin Court, asked if a traffic study will beconducted to determine if Marshall Street can handle the additional traffic.She said that this street is already very busy when school is in session.

Ms. Stachowiak said that a traffic study will not likely be required becauseall it would reveal is whether additional traffic control devices such as stopsigns or traffic signals would be necessary and this street is alreadyheavily signed and signaled.

Will Paddock, 235 Elvin Court, said that emergency vehicles have toback down Elvin Court. He asked if a cul-de-sac could be constructed atthe north end of the road.

Planning Board

February 2, 2010

Page 3 of 3Mr. Vanderklok said that it is unlikely that a cul-de-sac would beconstructed on the existing armory property at it would consume too muchof the land.

Laurie Torok asked for an explanation of the "F" Commercial district.

Ms. Stachowiak said that the "F" district does allow restaurants, gasstations, retail, offices, car lots, etc. She said that ownership has no effectin zoning. Ms. Stachowiak said that staff will recommend a zoningdistrict that would permit the uses that the applicant is proposing but wouldnot allow for uses such as fast food restaurants or car lots that would beincompatible with the surrounding area.

Mr. Vanderklok stated that there are federal covenants on the propertythat restrict any changes to the building or the site. He said that while thecovenants do not restrict the uses, it is unlikely that a McDonalds would beable to pass the historic review.

Vic Torok, 1716 Jerome Street, asked if there will be multiple offices inthe building or one large office.

Mr. Vanderklok said that there will probably be 6 offices that range from2,000 square feet in area to 4,000 square feet. He said that with theexception of the catering business, the entire building will be used forprofessional offices. He also said that these businesses are not justrelocated from elsewhere in the city. They are new businesses altogether.

Mr. Vanderklok stated that there will be certain aspects of the building thatwill be retained, such as the stage and the floor in the gymnasium. Hesaid that they will be removing the fence(s) on the property. He also saidthat the lower level of the building is partially submerged beneath theground. They intend to remove some of the fill around the building andinstall windows.

Chuck Gardener, 1500 Hillsdale Street, asked about the Food Bankgarden.

Mr. Vanderklok said that the areas that are currently green space willremain green space. He said that there is an environmental assessmentbeing conducted right now to determine if there are contaminants on thesite that need to be cleaned up. He also said that the gun that was on thesite may be brought back and made a feature of the property. Mr.Vanderklok said that the gun is German and is currently being stored inCharlotte.




February 16, 2010

Page 1 of 5

Draft to Clerk February , 2010

Approved February , 2010,

To Clerk February , 2010

Minutes of the Regular MeetingLANSING PLANNING BOARD

6:30 p.m., Main LevelFire Station #1, Community Room

120 E. Shiawassee StreetTuesday, February 16, 2010

1.

OPENING SESSION

The meeting was called to order at 6:40 p.m. by Chairman Frederick

A. Roll call: Present: Frederick, Williams, Ruge and CoxB. Staff Attending: Stachowiak, Witherspoon, StanleyC. Excused Absences: Tobe and Graham

Ms. Graham requested an excused absence from the February 16, 2010meeting.

Mr. Ruge made a motion, seconded by Mr. Williams to approve an excusedabsence for Ms. Graham from the February 16, 2010 meeting. On a voicevote, the motion carried (4-0).

Mr. Frederick requested an excused absence from the February 2, 2010 meeting.

Mr. Ruge made a motion, seconded by Mr. Williams to approve an excusedabsence for Mr. Frederick from the February 2, 2010 meeting. On a voicevote, the motion carried (4-0).

2. APPROVAL OF AGENDA

Mr. Williams made a motion, seconded by Mr. Ruge to approve the agenda aswritten. On a voice vote (4-0), the motion carried.

3.

COMMUNICATIONS

Letter from Carrie Tansy & William Paddock III regarding Z-1-10.

4.

HEARINGS - None

5.

COMMENTS FROM THE AUDIENCE - None


February 16, 2010

Page 2 of 5

6.

RECESS was not taken by the Board.

7.

BUSINESS SESSION

A.

Consent Items

1.

Minutes for Approval: January 5, 2010

The minutes of January 5, 2010 were approved withoutobjection.

B.




3. COMMITTEE OF THE WHOLE

4. EXECUTIVE COMMITTEE

C.

Old Business

D.

Pending Items: Future action required

1. Zoning and Ordinance Committee2. Urban Development Committee

a. Master Plan Project3. Committee of the Whole4. Planning Board

8.

NEW BUSINESS

A.

Proposed Funding Allocations for Federal Funds (CDBG, HOME,ESG) Fiscal Year 2011 (7/1/10 - 6/30/11)

Ms. Witherspoon requested approval of the proposed funding allocationsfor federal funds (CDBG, HOME, ESG) Fiscal Year 2011 (7/1/10 -6/30/11).

Mr. Ruge made a motion, seconded by Mr. Williams to approve thefunding allocations for federal funds (CDBG, HOME, ESG) FiscalYear 2011 (7/1/10 - 6/30/11). On a roll call vote (4-0), the motioncarried unanimously.


February 16, 2010

Page 3 of 5

B.

Z-1-2010, 300 Elvin Court, Rezoning from "B" Residential to "E-1"Apartment Shop Commercial District

Ms. Stachowiak presented the case. She stated that this is a request byStudio Intrigue, Inc. to rezone the property at 300 Elvin Court from "B"Residential District to "F" Commercial District. The purpose of therezoning is to permit the building at this location to be used for offices anda catering business that would provide food services to the users of thebuilding as well as off-site catering services. Ms. Stachowiak said that theapplicant originally requested that the property be rezoned to the "F"Commercial district because it would permit both the office use and thefood service use. Such uses are low impact and would be compatible withthe surrounding area. However, this district also allows several uses thatwould not be acceptable at this location such as fast food restaurants,gasoline stations, automotive repair facilities and car lots. After furtherdiscussions with the applicant, it was agreed that the "E-1" ApartmentShop district would be the most appropriate zoning designation for theproperty since it would allow all principal uses permitted in the "D-1"Professional Office district and the proposed food service use, but wouldnot allow the other more objectionable uses that would be permitted underthe "F" Commercial district.

Mr. Ruge asked if the road that goes through the site is dedicated to thepublic.

Ms. Stachowiak stated that it is a private drive.

Mr. Ruge said that it would be nice to see Elvin Court and Horton Streetconnected to eliminate the dead end streets and make it easier foremergency vehicles to turn around.

Ms. Stachowiak said that the city may pursue this at some time in thefuture but right now, the city is not requesting any right-of-way from theapplicant.

Mr. Ruge said that he is concerned about the uses that would bepermitted in the "E-1" district. He said that he is specifically concernedabout bars, taverns, restaurants and apartments.

Ms. Stachowiak said that the only way to further control the uses would bethrough contract zoning but the applicant has to be agreeable to thecontract. She also said that there are covenants on the property that donot specifically restrict the uses but restrict any changes to the building.Ms. Stachowiak said that this is a limiting factor because it would be verydifficult to get approval from the State Historic Preservation Office to placea McDonald's sign on the building.


February 16, 2010

Page 4 of 5

Mr. Ruge asked if the "E-1" district allows a billboard. He also askedabout the residential density allowed in this district.

Ms. Stachowiak said that it does not allow billboards. It only allows signsthat pertain to uses that are established on the site. She also said that the"E-1" district permits up to 87 units per acre.

Mr. Ruge said that this would be far too dense for this location. He askedthe applicant is he would be amenable to contract zoning.

David Vanderklok, Studio Intrigue Architects, said that his concern withcontract zoning is that is takes 2-3 months to come to an agreement onthe contract language. He said that they are already involved in ahistorical review that is taking a lot of time. Mr. Vanderklok said that he iswilling to discuss contract zoning options with city staff.

Mr. Williams said that he does not believe that a liquor license could evenbe issued for this site since it is adjacent to a school. He also said that itis unlikely that anyone would pay to have a liquor license at this locationbecause of the surrounding uses. Mr. Williams said that a basicconvenience store might be nice at this location since it would providebasic needs to the neighbors so that they would not have to drive to geteverything. He said that he would like to have a convenience store in hisneighborhood so that he could get a gallon of milk without having to driveto a store.

Mr. Ruge made a motion, seconded by Mr. Williams to recommendapproval of Z-1-10, rezoning 300 Elvin Court from "B" ResidentialDistrict to "E-1" Apartment Shop District, with the condition that theapplicant is open to discussing eliminating the possibility ofestablishing multiple family residential use on the property throughcontract zoning. On a roll call vote, the motion carried unanimously(4-0).

9. REPORT FROM PLANNING MANAGER - None

10. COMMENTS FROM CHAIRPERSON - None

11. COMMENTS FROM BOARD MEMBERS - None


February 16, 2010

Page 5 of 5

12. BOARD MEMBER CODE ENFORCEMENT NOTIFICATION REPORTS

a. W. Willow Street - Grace Tabernacle Church - no landscaping (May 4, 2004)b. 2702 S. Cedar Street - no landscaping (May 18, 2004)c. The Firm - review requirements for fenced outdoor patio (December 5, 2006 & February 20, 2007)d. Washington Square Tavern - permanent outdoor patio & not adequate room on sidewalk (November

20, 2007)g. Junk vehicles on Hickory Street (September 15, 2009)h. Clayborn & Waverly - Junk, trash, junk vehicles (September 15, 2009)i. E. Michigan & Lathrop - Shaggin Wagon Taxi Service - Screening & Buffering (September 15, 2009)

Ms. Stachowiak said that it is her understanding that items "g" and "h" have beencorrected.

Mr. Ruge said that the lot next to the party store in the 1800 block of E. MichiganAvenue is being used for storage. He said that there is a trailer, pallets and othermaterials being stored on the lot.

13. ADJOURNMENT - Meeting was adjourned at 7:05 p.m.



Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:


FROM:

Mayor Virg Bernero

DATE:

March 4, 2010

RE:

Budget Transfer- Homeland Security Grant Program Funds awarded toMichigan Region 1 for Security and Preparedness Planning. The City of Lansing is the FiduciaryAgent for the Region.


VB/rhAttachment


BUDGET TRANSFER

FY 2010

Prepared by :RJB_Transfer #10-

Administrative

x AppropriationsExecutive

Change of Intentx Personnel

x Other Costs

_ Equipment- Capital Projects

_ Debt Service

_ Operating Transfer

Returned to Department for signature on:_2/25/10_SOURCE:

STATE/FEDERAL PROGRAMSFROM:

2008 HOMELAND SECURITY GRANT PROGRAM

Order Account Number(s) Title RequestAvailableBalance as of:

273.0.528000.17080

Federal Revenue

$ 3,325,750.00

0.00 2/25/10

EXPLANATION: The Homeland Security Grant Program awarded $3,325,750 to Michigan Region 1, using the City ofLansing as fiduciary agent (subgrantee) for the region. Public Law 110-329 continuing appropriations act (2009). Theprogram generally covers planning, equipment, training, and exercise for projects determined in advance and in accordwith the HSGP 10 Investment Justifications to be implemented at the regional/local level.

SUBJECT:

STATE/FEDERAL PROGRAMSTO:

2008 HOMELAND SECURITY GRANT PROGRAM

Order Account Number s RequestAvailable

BalanceTitle as of:273.343580.702000.17080 Salaries - Lansing Admin $

57,651.97 $

0.00 2/25/10

273.343580.715000.17080 Fringe Ben - Lansing Admin $

42,120.53 $

0.00 2/25/10

273.343580.741000.17080 Misc Operating - Lansing Project $

148,625.89 $

0.00 2/25/10

273.343580.961702.17080 Compensation - Regional Planners $

372,000.00 $

0.00 2/25/10

273.343580.961741.17080 Regional Projects $ 2,705,351.61 $

0.00 2/25/10

$ 3,325,750.00

EXPLANATION: Homeland Security priorities in the 2008 program include special planning in three areas: (1)measuring progress in achieving National Preparedness Guidelines, (2) strengthening IED attack deterrence, prevention,and protection, and (3) strengthening preparedness planning. At least 25% must be allotted to objectives #2 and #3. Inaddition, 25% must be allotted towards law enforcement terrorism prevention-oriented planning, organization, training,exercise, and equipment activities.

The proposed transfer:

x has not resulted from or will not result in a material change in scope ofservices.

represents a material change in scope of services.

TAR CHIEF cocIEA/I

DATE:

2'25/(6irectof

DATE:

REQUESTED BY:

APPROVED BY:_^_^`

Approved by Ways & Means Approved by Council: Resolution #

c:\myfiles\backup\court\transfer\010 2008 HSGP.doc



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:


FROM:

Mayor Virg Bernero

DATE:

March 4, 2010

RE:

Budget Transfer- Interoperability Emergency Communications Grant ProgramAwarded Funds to Michigan Region 1 for Operation Protocols and Emergency ResponderTraining. The City of Lansing is the Fiduciary Agent for the Region.


VB/rhAttachment

Virg Bernero, Mayor


BUDGET TRANSFER

FY 2010


Administrative

x Appropriations_Executive

_ Change of Intent__ Personnel

x Other Costs

_ EquipmentCapital Projects

_ Debt Service


Returned to Department for signature on: 2/25/10_

SOURCE:


2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAMAvailable

Order Account Number(s) Title Request Balance

as of:273.0.528000.17085

Federal Revenue

$ 101,982.46 $

0.00 2/25/10

EXPLANATION: The Interoperable Emergency Communications Grant Program awarded $101,982.46 to MichiganRegion 1, using the City of Lansing as fiduciary agent (subgrantee) for the region. Public Law 110-161 consolidatedappropriations act (2008). The project extends from September 1, 2008 to August 31, 2010. The program generallycovers communications projects to be implemented at the regional/local level.

SUBJECT:


2008 INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAMAvailable

Order Account Number(s)

Title

Request

Balance

as of:273.343580.961741.17085 Regional Projects

$ 101,982.46 $ 0.00 2/25/10

EXPLANATION: Interoperable Emergency Communications priorities in the 2008 program include special planning intwo areas: (1) leadership and governance, and (2) common planning and operational protocols, and emergencyresponder skills and capabilities. Priority #2 may also encompass training and exercises.




REQUESTED BY:

/W pit ^^1Ef CocMRIW

DATE: Z'Zsl/sDepart

APPROVED BY:^^ / DATE:E

Assistant to Mayor

Approved by Ways & 'fans Approved by Council: Resolution #

c:\myfiles\backup\court\transfer\010 2008 IECGP.doc



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:


FROM:

Mayor Virg Bernero

DATE:

March 4, 2010

RE: Budget Transfer- Grant Funds available Region 1 Planning Board for PublicSafety Communications Equipment. The City of Lansing is the Fiduciary Agent for the JointGrant Administered by the Department of Commerce and the Department of Homeland Security


VB/rhAttachment

Virg Bernero, Mayor


BUDGET TRANSFER

FY 2010


_ Administrative

x Appropriations_ Executive

_ Change of IntentPersonnel

x Other Costs

x EquipmentCapital Projects

_ Debt Service


Returned to Department for signature on: 2/25/10_SOURCE:


2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAMAvailable


Title

Request

Balance

as of:

273.0.528000.17080

Federal Revenue

$ 1,320,028.00 $

0.00 2/25/10

EXPLANATION: The Department of Homeland Security and the Department of Commerce (National Telecommunica-tions and Information Administration) (NTIA) administer this joint Grant Program. The Region 1 Planning Board wasawarded $1,320,028, using the City of Lansing as fiduciary agent (subgrantee) for the region's nine (9) counties. PublicLaw 110-53 amendatory appropriations act (2008). The program generally covers the purchase of interoperable voice,data, and/ or video signals equipment and the testing of interconnecting capability. The grant requires 25% hard matchby the participating agencies, but no City of Lansing funds are involved. Various hard match funding arrangements areanticipated, so all transactions will be netted though the expenditure account.


Title

273.343580.961741.17089 Regional Projects

$ 1,320,028.00 $ 0.00 2/25/10

EXPLANATION: Homeland Security and NTIA priorities in the 2007 PSIC program include projects designed to (1)achieve meaningful and measurable improvements in the state of interoperability for public safety communications, and(2) fill interoperability gaps identified in the Statewide Communications Interoperability Plan. Phase I ($442,028) willupgrade and replace mobile and portable radio equipment to meet federal narrowband requirements. Phase II($878,000) will fund six (6) trailers equipped to inter-connect (on-scene) all disparate VHF, UHF, and 700/800 MHzNational Interoperability Channels. Phase II will require exercises to confirm program effectiveness.




DATE:

2/25/(o

DATE:E • cu'^= Ass' ant to Mayo

Approved by Ways & Means Approved by Council: Resolution #

c:\myfiles\backup\court\transfer\010 2007 PSIC.doc

SUBJECT:


2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAMAvailable

BalanceRequest as of:

RECEIVED

JF_t ;

ZLFs rA

Lv O': l iCITQt'4LERK,CITY ATTORNEY, orBOARD OF ETHICS

(Name)

FEB Os HID

CITY OF LANSING

.AFFIDAVIT OF DISCLOSURE

LansinA . A- LLIC_oV Ic1-f make the followi

i rre-uf

Yes No1. ❑

❑ .

❑

2.

❑ LI(

❑ .

❑ A

❑

PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THEFOLLOWING ITEMS

I am an ❑ elected or ❑ appointed ❑ officer or$ernployee of the City ofLansing holding the position of -1 t-IC-0- c F in the

('61--IC5 5 F -i rM X1)1 departmentI am an immediate family member related to an elected or appointed

officer or employee of the City of Lansing named holding the position of in thedepartment.

I am a Business Associate of an elected or appointed officer or employeeof the City of Lansing namedHolding the position of in theDepartment.

I may derive income or benefit directly from a contract with the City or fromany City action detailed below. (Charter 5-505.1)

I may have a conflict between a personal interest and the public interest,the nature of which is disclosed below (Charter 5-505.2) [Chapter#290.04(1) of the Code of Ordinances] '

I may have a financial interest in a matter proposed to be acted upon bythe City of Lansing as described below [Chapter 290.04(1) of the Code ofOrdinances]

violation of or in conflict with the City of Lansing Ethics Ordinance asprovided for in the Code or Ordinances and in the City Charter

3.

This position is: ❑ Full time k9' Part time (less than 25 hours/wk)

❑ Unpaid4.

My Address is:

5. My Business (daytime) Phone # is:

I make this disclosure because of a possible appearance that I may be in

CONTINUED ON PAGE 2

State of Michigan, County ofSubscribed and sworn to before me this

day of

Notary Public/or Deputy Clerkr)A hvL^

County, Michigan

Wary Public

y Commission Expires:v, Mich*YÔCYIf11l55iUi,m„w,:r„quo,

17,3011

PLEASE INCLUDE AND SUBMIT A COPY OF YOUR CURRENT JOB DESCRIPTION

AFFIDAVIT OF DISCLOSURE - PAGE 2

6.

PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS

DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.

AM

^S'c,1 a,l^ FM-^-i IU67 -171-( b fS GLOSS

AcCCê-v (io6 t^PI) ^' Z :(CY eV 1^ PeOC :bu,^,

,7ba

4uo- - --fHey e_ 'Ti -pE is `^/t, 1. ,s-

7

u)/W/^ v Pot.,i Cg DC^TI Sbe- A'S ! f T/ES.

I hereby certify that this disclosure is complete and accurate to the best of my knowledge,information and belief.

The foregoing Affidavit of Disclosure was executed on this day ofFa' 114-y-> 20 /0

DRAFT 5A; REVISED 11-05-04

ATTACHMENT A

Please provide additional information about your outside business oremployment. Of special interest to the Board is how the activities of the businessor employment may directly or indirectly affect the City. This disclosure is aboutinformation and is not an indication of any anticipated conflict of interest orsuspected wrongdoing. Therefore, please describe for the Board what it is youactually do and be detailed and specific. You are not required to limit yourdisclosure only to the following questions. For each business, include in youranswer such things as:

■ What is the form of your business entity and what percentage do you

own? /JOIZ

■ Are you self-employed? PO

■ Who is your employer, if applicable? J4f-S ,L4--ULjE ^^'7fa

■ What are the things you actually do in the business? 4(T-O' )WET ion s. v

■ Who are your clients and who receives your goods or services?

VA-PI.e-S GLi .^-

How and where are your services performed? %1'/ i✓S (^Ll I S

Page 1 of 3

■ How often do you do outside work? 2-0HV^ ,1-litJ5-

^ Does your business or employer contract with the City? /‘-)0

■ In performing your business or outside employment, do you use any City

facilities or equipment? /l)® If so, describe:

■ Is any of your business or employment conducted in the City? PO If so,

describe:

■ Does your business advertisement or circulars, if any, contain any

reference to the City or your City employment? po

■ If your business uses advertisements, circulars, applications, or order

forms that you have designed or have had designed for you, please attach

a copy of the applicable form(s).

Page 2of3

• If you provide training or education as part of your business:

Do you identify yourself to your clients or students as being employed by

the City of Lansing? fJO

Do you include in any of the written materials or aids or reference in any

way in your presentations reference to policies, procedures, methods or

materials as being those also used by the City of Lansing? tub If so,

attach a copy of the material or aid and explain the reference in your

presentation.

• Is there any additional information that you believe would assist the Ethics

Board in its review-of your business or personal activities for potential

conflicts of interest? AYJ'If so, please describe:

In providing this additional information, the Board of Ethics asks that you givespecial attention to the Conflicts of Interest section of the Charter found at 5-505.1- 5-505.3. A copy is enclosed for your convenience.

Page 3 of 3

25 OMAR -4 F-B

CITYO.F LANSINGAFFIDAVIT OF DISCLOSURE1

e' m[ 1W:" t

f, G

y

a t G',!^ a C$ kr f

TO: CITY CLERK,CITY ATTORNEY, orBOARD OF ETHICS

John M. Roberts, Jr. make the following disclosure under oath:(Name)

PLEASE-CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR , EAC.H OF THEFOLLOWING ITEMS

Yes

Not

❑

I am an ❑ elected or ❑ appointed ❑ officer or Vemployee of the City ofLansing holding the position of Chief Deputy City Attorney in the

deP... artment

I am an immediate family member related to an elected or appointedofficer or employee of the City of Lansing named holding the position of in the department.

❑

I am a Business Associate of an elected or appointed officer or employeeof the City of Lansing named Holding the position of in the Department.

2.

Pl

❑

I may derive income or benefit directly frarr-a-eoritraet-witfl-the--C-ity-orfrom any City action detailed below. (Charter 5-505.1)

I may have a conflict between a personal interest and the public interest,the nature of which is disclosed below (Charter 5-505.2) [Chapter#290.04(l) of the Code of Ordinances] ,

❑ I may have a financial interest in a matter proposed to be acted upon bythe City of Lansing as described below [Chapter 290.04(1) of the Code ofOrdinances]

,IJ I make this disclosure because of a possible appearance that I may bein violation of or in conflict with the City of Lansing Ethics Ordinance asprovided for in the Code or Ordinances and in the City Charter

3. This position is: ,,fl Full time

❑ Part time (less than 25 hours/wk)

❑ Unpaid

My Address is: 5a, Flnnr , City JTall , Tancingr MT ,

CONTINUED ON PAGE 2

AFFIDAVIT OF DISCLOSURE - PAGE 2

483-45095.

My Business (daytime) Phone # is:

PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS DISCLOSUREAND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.

SEE ATTACHED AFFIDAVIT

I hereby certify that this disclosure is complete and accurate to the best of myknowledge, information and belief.

The foregoing Affidavit of Disclosure was executed on this day of ,20

Signed

State of Michigan, County of Subscribed and sworn to before me this . day of . 20

Notary Public/or Deputy ClerkCounty, Michigan

My Commission Expires:

AFFIDAVIT OF DISCLOSURE

On behalf of the City and as permitted by Section 209.04(n) of the Ethics Ordinance, the LawDepartment, together with other City departments, may be called upon from time to time to take partin formulating initiatives, policies or fiscal programs that are (1) preliminary to the Mayor's annualbudget proposal and (2) may become the subject of collective bargaining negotiations with Cityemployee bargaining units. As part of the deficit elimination plan for FY10 and the budget for theupcoming fiscal year, the administration may consider labor reduction initiatives that encourageretirement, including eligibility or benefit changes. These proposed changes may also result in thebenefits being made available to certain non-bargaining groups I am a member of one of these non-bargaining groups.

As part of the administrations initiatives, policies or fiscal programs, the Law Departmentmay be requested to draft appropriate documents, benefit changes or provide other legal assistanceregarding the same. As part of the City Attorney's office, I may be called upon to perform some ofthese duties. I may also be a potential recipient of the benefits of such changes.

I, John M. Roberts, Jr., hereby certify that this disclosure is complete and accurate to the bestof my knowledge, information and belief.

The foregoing Affidavit of Disclosure was executed on this fp day of rwNo.,,l , 2010.

Chief Deputy City AttorneySTATE OF MICHIGAN )COUNTY OF INGHAM )

Subscribed and sworn to before me this VI day of Y--c-e , 2010.

Mary Jo Powe NgEary Public Clinton acting in Ingham Co., MichiganMy Commission Expires: 3/31/2014

S:\Attorney_StafflBOARDS & COMIVIITTEES\Ethics BdUMR ethics affd.wpd

7/fay'

xi-/t//-o

/7'4f-/-//AA I A ./FP/

io-7/;,o/

(Y-7c

s-

921/

From:

Joe McDonaldTo:

Chris SwopeDate:

3/1/2010 4:10 PMSubject:

Fwd: Ethics Board

>>> Edwar Zeineh <[email protected] > 2/24/2010 3:33 PM >>>Dear Joe,

After careful consideration I have decided to resign from my position on theethics board.

Edwar

Legal Disclaimer: The information contained in this communication may beconfidential, is intended only for the use of the recipient named above, andmay be legally privileged. If the reader of this message is not the intendedrecipient, you are hereby notified that any dissemination, distribution orcopying of this communication, or any of its contents, is strictlyprohibited. Please contact the sender if this email has been sent in error.

rTI

Demolition Board

08/28/2009Laura WalkerAdministrative SecretaryOffice of Code Compliance

This is a formal notification of my resignation as a board member of the Lansing DemolitionBoard. I will be moving out of the Lansing area and as such will be unable to participate as aboard member.

Thank you for your consideration in this matter.

Sincerely,

.MarkgCiaeshutterMark Hiaeshutter

Documents

Lansing City Council Packet 2010-03-08