Lansing (MI) City Council meeting info packet for August 9

8/9/2019 Lansing (MI) City Council meeting info packet for August 9

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

CITY COUNCIL CHAMBERS, 10TH FLOORLANSING CITY HALL

124 W. MICHIGAN AVENUEAGENDA FOR AUGUST 9, 2010

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

The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. onThursday, August 5, 2010, in accordance with Section 3-103(2) of the City Charter and willbe ready for your consideration at the regular meeting of the City Council on Monday,August 9, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.

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

Approval of the Printed Council Proceedings of July 26 and August 2, 2010

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

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

VI. SPECIAL CEREMONIES1. Presentation; Recognition of Dimitri and Martha Stathopoulos and Dimitris on

36 Years in LansingVII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERKVIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

event 1 minute limit)

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

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

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A. SCHEDULED PUBLIC HEARINGS1. In consideration of an Obsolete Property Rehabilitation Act (OPRA)

Certificate Application submitted by Foresight Property InvestmentLLC for property located at 2282 N. Martin Luther King, Jr. Blvd.

2. In consideration of ACT-2-2009; Acquisition of 229 S. Cedar St.

3. In consideration of SLU-4-2010; Vacant property located between3310 and 3320 Bardaville Dr., a request by Woodside E & D, LLC toconstruct a church on the vacant property located between 3310 and3320 Bardaville Dr.

4. In consideration of SLU-5-2010; 230 Bingham St., a request byReformed Church of America, Classis South Grand Rapids, BlacksoilChurch to utilize the first floor of the building located at 230 BinghamSt. for a church

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

1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Approval of an application for Development Area LiquorLicense submitted by Gavrillides Management Company, LLC(Soup Spoon Caf) for property located at 1419 E. MichiganAve.

b. SLU-3-2010; 815 W. Edgewood Blvd., Approval of a request byAntioch Full Gospel Baptist Church to construct a church onthe vacant property located immediately west of 815 W.Edgewood Blvd.

c. ACT-2-2009; Acquisition of 229 S. Cedar St. for thedevelopment of a surface parking lot

2. BY THE COMMITTEE ON GENERAL SERVICES

a. Approval of an Application from 414 Entertainment, LLC for anew Outdoor Service (1 area) to be held in conjunction with2010 Class C licensed, business with Dance-Entertainment

Permit, located at 414 E Michigan Ave.

3. BY THE COMMITTEE ON PUBLIC SAFETY

a. Requiring the owner of property located at 1604 Bailey St toMake Safe or Demolish their property within sixty days fromMonday, August 9, 2010


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b. Requiring the owner of property located at 4613 Donald St toMake Safe or Demolish their property within sixty days fromMonday, August 9, 2010

c. Requiring the owner of property located at 801 N. Sycamore Stto Make Safe or Demolish their property within sixty days from

Monday, August 9, 2010

4. BY THE COMMITTEE ON WAYS AND MEANS

a. Objecting to the Transfer of All Unsold Tax Reverted Propertiesfrom the Eaton County Treasurer to the City of Lansing

5. BY THE COMMITTEE OF THE WHOLE

a. Approval of an agreement with Ingham County regardingAllocation of Long Term Employment Costs for PlannedConsolidated 911 Dispatch Services

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

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

a. Introduction of Z-5-10; 717 E. Shiawassee St., a request fromNeogen Corporation to rezone the property at 717 E.Shiawassee Street from "A" Residential to "H" Light Industrialto utilize the property for laboratories, warehousing, assembly,light manufacturing and offices as part of its operations, andsetting a Public Hearing for August 23, 2010

F. ORDINANCES FOR PASSAGE1. BY THE COMMITTEE ON WAYS AND MEANS

a. Adoption of an Ordinance of the City of Lansing to Repeal andReplace Chapter 812 of the Lansing Codified Ordinances byproviding for the Principal Shopping District to do business asDowntown Lansing, Inc. and making other proceduralrevisions

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENTRELATED MATTERS

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


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1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letters from the City Clerk submitting:

i. An Application from 414 Entertainment, LLC for a new OutdoorService (1 area) to be held in conjunction with 2010 Class C

licensed business with Dance-Entertainment Permit, located at414 E Michigan Ave.

ii. A request for Recognition of Non-Profit Status in the City ofLansing submitted by The Give a Gift Foundation, Inc. ofRoseville, MI

iii. Minutes of Boards and Authorities placed on file in the CityClerks Office

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letter from the State of Michigan Liquor Control Commission

providing 15-Day Notice of an Application from Simmons Properties,LLC for a new Specially Designated Merchant (SDM) License to beheld in conjunction with a 2010 Class C Licensed Business located at325 City Market Dr.

b. Application for Community Funding submitted by Old TownCommercial Association for its Old Town Oktoberfest to be heldOctober 1-2, 2010

c. Letter from Caron Fenning of 724 N. Verlinden St. regarding NoParking signs on Verlinden Ave.

d. Letter from Ronald Zerfas of 912 Trenton Pl. regarding fines forbroken tail lights

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

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


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XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

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


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KT-City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on August 9, 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, 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 2822 N. Martin Luther King Jr. Blvd., Lansing, Michigan, but more particularlydescribed as follows:LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OFLANSING, INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDEDPLAT THEREOF, AS RECORDED IN LIBER 29, PAGE 41, INGHAM COUNTYRECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;BEGINNING AT THE NORTHERNMOST CORNER OF LOT 1; THENCES5200'30"E, 802.91 FEET ALONG THE SOUTHWESTERLY LINE OF THECSX RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCES02 . 14'42W, 7.60 FEET ALONG THE EASTERNMOST LINE OF LOT 3;THENCE 235.43 FEET ALONG THE SOUTHERLY LINE OF LOT 3 AND A342.70 FOOT RADIUS CURVE TO THE LEFT, HAVING A DELTA ANGLE OF3921'43" AND A CHORD OF N7358'04"W, 61.01 FEET; THENCES01 55'53"W, 7.72 FEET; THENCE N8804'07"W, 298.97 FEET; THENCEN0158'30"E, 361.76 FEET ALONG THE EAST LINE OF MARTIN LUTHERKING, JR. BOULEVARD TO THE POINT OF BEGINNING. CONTAINING 2.35ACRES, MORE OR LESS.Approval of this Certificate will provide the owner or potentially the developer ofproperty an abatement of certain property taxes for the improvements to theproperty noted above. Further information regarding this issue may be obtainedfrom Ken Szymusiak, Economic Development Corporation of the City of Lansing,401 S. W ashington Sq. Ste 100, Lansing, MI, 48933, 517-483-4140.Chris Swop e, Lansing City Clerk


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RECEIVE'ichigan Department of Treasury3674 (Rev. 8-07)Application for Obsolete Property 'Rehabilitation Ex ggpAo3t lrti#ICate -'This form is issued as provided by Public Act 146 of 2000, as amended. T his application should be f i led after the district is established_,TI8is project wil lnot receive tax benefits until approved by the State Tax Comm ission. Applications receive M t VE'^;,j [ `1;it kgjed q'Orl)riSthel current year.This application is subject to audit by the State Tax Comm ission.INSTRUCTIONS: File the original and two copies of this form and the required attachments with the glerk,of the; locp'l gov_e.Client unit..- Please-seehe-State T-ax-Commission-requires two-copp ies-of-the-App lication-and-attachments-T-he-ori9: .rral s\iQAinei^l-by- tbe-clerk)-State Tax Comm ission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The followingmust be provided to the local government unit as attachments to this application: (a) General description of the obsolete facility (yearbuilt, original use, most recent use, number of stories, square footage); (b) General description of the proposed use of the rehabilitatedfacility, (c) Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed buildingequipment that will be a par t of the rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of thefacility, (f) A statement of the economic advantages expected from the exemption. A statement from the assessor of the local unit ofgovernment, describing the required obsolescence has been met for this building, is required with each application. Rehabilitation maycommence after establishment of district.Applicant (Company) Nam e (applicant must be the OWNER of the facil ity)Company M ailing address (No. and street, P.O. Bbk, City, State,. IP Code619 E. Hazel Street, Lansing, MI, 48912Location of obsolete facility (No. and street, City, State, ZIP Code)2822 N. Martin Luther King Jr., Blvd., Lansing, MI, 48906City, Township, Village (indicate which) CountyCity InghamDate of Commencement of Rehabil itation (mm/dd/yyyy)08/01/2010 Planned date of Completion of Rehabilitation(mm/dd/yyyy) 12/31/2012 School District where facility is located (include school code)Lansing - 33020Estima`ted' Costof Rehab ilitation$450;000.00 Number of years exemption

requested Attach Legal description of Obsolete Property on separatesheet12Expected project likelihood (check all that apply):

X I Increase Commercial activity I XI Retain employment X Revitalize urban areasCreate employment n Prevent a loss of employment n 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 employmentEach 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. C heck 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 200 0may 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 ofthe exemption certificate.It is further cert if ied that the undersigned is famil iar with the provisions of Pub lic Act 146 of 2000, a s amend ed, of the M ichigan 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 Comm ission.Name of Company Officer (no authorized agents) Telephone Number Fax NumberWilliam C hristofferson (517) 485-5700 (517) 485-0202Mailing Address Email Address '619 E. Hazel Stree 'ng, MI, 48912 [email protected],oany ic er (no a u o nz ed ents)

s2v'''TitleMember

,...-LOCAL GO1fERN I IENT U IT CLERK CERTIFICATIONThe Clerk must also complete P rts 1, 2 and 4 on Page 2. Part 3 is to be completed by the Assessor.


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3674, Page'2LOCAL 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 RECOMM ENDATIONSProvide the Taxable Value and State Equalized Value of the Obsolete Property, as provided in Public Act 146 of 2000, as amended, for the tax yeaimmediately preceding the effective date of the certificate (December 31st of the year approved by the STC).Taxable Value State Equalized Value (SEV)

Building(s)Name of Governmental Unit Date of Action on application Date of Statement of Obsolescence

PART 4: CLERK CERTIFICATIONThe undersigned clerk certifies that, to the best of 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 CodeTelephone Number Fax Number Email Address

Mail completed application and attachments to: State Tax CommissionMichigan Department of TreasuryP.O. Box 30471Causing; Michigan 48909=7971

Actlon Date:xemption 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_Lo.cal Governmental Unit. _A statement that the Obsolete Property Rehabilitation District waslegally established including the date 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 198of 1974 (IFT'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-hearingA 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 not' have 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 insectio`2(h)'df-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(1) of Public Act 146 of2000.A statement of the period of time authorized by the Qualified LocalGovernmental Unit for completion of the rehabilitation.

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

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


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CITY OF LANSINGNOTICE OF PUBLIC HEARINGACT-2-2009

The Lansing City Council will hold a public hearing on Monday, August 9, 2010,at 7:00 p.m. in Council Chambers, 10 th Floor, Lansing City Hall, 124 W. MichiganAve., Lansing, MI, to consider ACT -2-2009; Acquisition of 229 S . Cedar St., morespecifically described as:

LOT 8 JOHNS SUB, ALSO S 41.25 FT OF W 1/2 LOT 4, W 1/2 LOTS 5 &6, AND S 57.75 FT OF N 132 FT OF E 1/2 LOT 5 EXC E 114.5 FTBLOCK 241 ORIG PLAT OF THE CITY OF LANSING, COUNTY OFINGHAM, STATE OF MICHIGAN.

For more information about this case, phone City Council Offices on Citybusiness days, Monday through Friday, between 8 am. 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, August 9, 2010, at theCity Council Offices, Tenth Floor, City Hall, 124 West Michigan Ave., Lansing, MI48933-1696.Chris Swope, Lansing City Clerk


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BY The COMMITTEE ON DEVELOPM ENT AND PLANNINGRESOLVED BY TH E CITY COUNCIL OF THE CITY OF LANSINGAct-2-09: 229 S. Cedar Street (PPN 33-01-01-16-427-082); ACQU ISITION OFREAL PROPERTYWHEREAS, the City of Lansing Planning and Neighborhood DevelopmentDepartment requests authorization to purchase the property at 229 S. Cedar forthe development of a surface parking lot at that location; andWHEREAS, the property is just over an acre in size, and is located on the eastside of S. Cedar near the Board of Water and Light's solar array and Dye WaterTreatment Plant; andWHEREAS, the property contains a one-story building, and is currently occupiedby Yellow Cab, which would voluntarily sell the property and vacate the buildingprior to its demolition; andWHEREAS, the property is zoned "H" Light industrial District, and its master plandesignation is "General Commerce", which recommends a mix of uses, either atthe site or district level; andWHEREAS, a Category "N" Baseline Environmental Assessment (BEA) wassubmitted to the Michigan Department of Environmental Quality on behalf of the.City by NTH Consultants on September t, 2009, which concluded that theproperty is considered a "facility" in accordance with Part 201 of Act 451, asamended, and further concludes that the potential for exacerbation of existingconditions is considered minimal in view of the City's proposed use of theproperty; andWHEREAS, a written appraisal of the property dated November 21, 2007, andconducted by R.J. Thomas & Associates, Inc./Harold Blake Co., estimated themarket value of the property to be $435,000, and on November 24, 2008,updated the estimate of value to $350,000; andWHEREAS, on April 2, 2010, the Planning Board reviewed the location,character and extent of Act-2-09 in accordance with its Act 33 Reviewprocedures, and found that:

i The subject site is no longer a good location for an industrial building, The subject property could benefit the public in the short term, The subject property has long term potential for redevelopment, The property is currently on the market, and a better opportunity topurchase it may not present itself, A well-landscaped parking lot at this location would enhance theappearance of the area; and


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WHEREAS, the Planning Board, at its meeting on April 6, 2010, votedunanimously (5 = 0) to recommend approval of Act-2-09, the acquisition of the -pr-operty--at-229-S-.-Cedar-Street for_the_development-of-a-surface-parking-lot atthat location; andWHEREAS, the Committee on Development and Planning has reviewed thereport and recommendation of the Planning Board and concurs therewith;NOW THEREFORE BE IT RESOLVED, the Lansing City Council herebyapproves.Act-2-09 and authorizes the fee simple purchase of 229 S. Cedar,legally described as:

LOT 8 JOHNS SUB, ALSO S 41.25 FT OF W 1/2 LOT 4, W 1/2 LOTS 5 & 6, AND S57.75 FT OF N 132 FT OF E 1/2 LOT 5 EXC E 114.5 FT BLOCK 241 ORIG PLATby deed from James L. and Forest A. Reutter and Ronald S. and Cynthia J.Bewersdorff, for the sum of $350,000, plus closing costs.BE IT FINALLY RESOLVED, that the Mayor, on behalf of the City, is herebyauthorized to sign and execute all documents necessary to effectuate theaforementioned transaction(s), subject to their prior approval as to content andform by the City Attorney. .

P:\PLANNING OFFICE\Case Management\Act 285 Reviews12009 Acts\09act0? - 229 S. Cedar\Act-2-09 229 S. Cedar, Acqu isition Resolutioe.doc


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CITY OF LANSINGNOTICE OF PUBLIC HEARINGSLU-4-2010, Bardaville StreetSpecial Land Use Permit - Church

The Lansing City Council will hold a public hearing on Monday, August 9, 2010,at 7:00 p.m. in Council Chambers, 10 th Floor, Lansing City Hall, 124 W. MichiganAvenue, Lansing, Michigan, to consider SLU-4-2010. This is a request byWoodside E & D, LLC for a special land use permit to construct a church withassociated site improvements on the vacant property located between 3310 and3320 Bardaville Street. The subject property is zoned "F" Commercial, whichdistrict permits churches, if a Special Land Use permit is approved by theLansing City Co uncil.For more inforrnation about this case, 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, August 9, 2010, at theCity Council Offices, Tenth Floor, City Hall, 124 West Michigan Avenue, Lansing,MI 48933-1696.Chris Swope, Lansing City Clerk


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SLU-4-2010 Bardaville Street Page 1GENERAL INFORMATION

APPLICANT/OWNER: Woodside E&D LLC4615 W. Grand River AvenueLansing, MI 48906REQUESTED ACTION: Special Land Use permit to construct a church on the vacantproperty located between 3310 & 3320 Bardaville StreetEXISTING LAND USE: Vacant LotEXISTING ZONING: "F" Commercial DistrictPROPERTY SIZE & SHAPE: Rectangular - See attached map100' x 236' = 23,626 sq. ft. (.54 acres)

N: Child Care CenterS: Office Building.E: Multiple Family ResidentialW: Multiple Family Residential/VacantN: "F" Commercial DistrictS: "D-1" P rofessional Office DistrictE: "CUP"Com munity Unit PlanW: "J" Parking & "F" Comm ercial Districts

MASTER PLAN D ESIGNATION: The 1990 Northeast Area Comprehensive Plan designates thesubject property for office use. Bardaville Street is designatedas a localroad.

SPECIFIC INFORMATIONThis is a request by Woodside E & D, LLC for a special land use permit to construct a churchwithassociated site improvements on the v acant property located between 3310 and 33 20 BardavilleStreet. The subject property is zoned "F" Com mercial, which district permits churches, if a SpecialLand Use permit is approved by the Lansing City Council.The proposed church is one-story, 3840 square feet in area andwillhave seating for 200. 67 parkingspaces are required based on the proposed seating. The site is designed for 42 parking spaces. Thesite plan indicates that "overflow parking to the north can be used on Sundays".

.SURROUNDING LAND USE:

SURROUNDING ZONING:


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SLU-4-2010 Bardaville Street Page 2

AGENCY RESPONSES:(Sent 6/8/10 - Due 6/22/10)BWL:Building Safety: Shall comply with the requirements of the Michigan Building Code.Code Compliance:Development:Fire Marshal:LPD:Parks & Recreation:Public Service:Transportation:

ANALYSISSection 1282.03(f) (1)-(2) sets forth the criteria which must be used to evaluate a Special Land Usepermit request. The criteria and evaluation are as follows.1. Is the proposed special land use designed, constructed, operated and maintained in amanner harmonious with the character of adjacent property and the surrounding area?

The proposed site design is consistent with the layout of other properties along BardavilleStreet. Furthermore, churches are typically in use at times that do no t conflict with peakhours for other businesses and activities are usually confined to indoors. The greatestpotential impact on its harmony with the surrounding neighborhood could be the provisionof adequate parking so as to not burden the area with increased on-street parking or excessivetraffic. If approved, the special land use perm it should be conditioned upon the seatingcapacity being limited to the amount of available on-site parking or parking that can be leasedwithin 300 feet of the site. The only other issue may be the parking lot behind the building.Since this area is directly adjacent to a residential use, landscaping will be required to softenthe appearance of the parking lot and to mitigate any negative effects from vehicle lightsshining into windows.

2. Will the proposed special land use change the essential character of the surroundingarea?


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SLU-4.2010 Bardaville Street Page 3The proposed site is within an area that contains a variety of land uses including multiplefamily residential, office and commercial. Given the diverse land use pattern that alreadyexists, a church w ill not change the essential charac ter of the area. In fact, the church will fitin nicely with the child care center to the north, the office building to the south and themultiple family residential uses to the east and west. The church will be quiet, there will beno heavy traffic from de livery trucks and the activities will generally be confined to eveningand weekends when the offices and child care centers are not open. Thus, it will not addsignificantly to the traffic volumes that already exist on Bardaville Street during the weekdayswhen most of these uses on this street are in full operation.

3. Will the proposed special land use interfere with the enjoyment of adjacentproperty?The primary concern with churches in terms of interfering with the enjoyment of adjacentproperties is the potential conflicts with liquor licenses. By state law, a church has anopportmmityto object to all new liquor licenses within 500 feet of the church property. In thiscase, there are several com mercially zoned properties within 500 feet of the subject property.Since this is a predom inately comm ercial district, the applicant should ag ree, in writing, thatit will not object to the issuance of liquor licenses in the area.

4. Will the proposed special land use represent an improvement to the use or characterof property under consideration and the surrounding area in general, and will the usebe in keeping with the natural environment of the lot?Staff believes that the proposed church will not negatively effect the surrounding area whichis characterized by a mix of multiple family residential, office and light commercial uses. Thesite is zoned "F" Commercial which allows for retail, office, restaurant, gas station,automobile repair and automobile sales uses, by right. Churches are generally far lessintensive than most of these uses and w ill therefore, have a lowe r impact on the surroun dingresidential and offices uses and on the child care ce nter to the north. A retail store, restaurantor any type of automobile service establishment wouldbe completely out of character withthe adjoining land uses as these uses would be far more noisy and would generate a muchhigher volume of traffic than the proposed church.

5. Will the proposed special land use be hazardous to adjacent property or involve uses,activities, materials or equipment w hich are detrime ntal to the health, safety or welfareof persons or property through the excessive production of traffic, noise, smoke, odor,fumes or glare?The proposed church will not generate any hazardous conditions.

6. Will the proposed specialland use be adequ ately served by e ssential public facilities andservices, or is it demon strated that the person respon sible for the proposed special landuse is able to continually provide adequately for the services and facilities deemedessential to the special land use under consideration ?


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SLU-4.2010 Bardaville Street Page 4No negative comments have been received from any of the reviewing departments oragencies. However, the project, including the utility details, will have to be reviewed throughthe site plan review process.7. Will the proposed special land use p lace demand on public services and facilities inexcess of current capacity?

The proposed special land use is not expected to increase the demand on public services andfacilities in excess of current capacity.8. Is the proposed special land use consistent with the intent and purpose of this ZoningCode and the objectives of any currently adopted Comprehensive Plan?

The proposed church is consistent with the intent and purpose of the Zoning Ordinance andthe Northeast Area Com prehensive Plan. The comprehensive plan designates the subjectproperty for office use and the Zoning Ordinance designates the property for commercial use.Churches are permitted in all zoning districts, provided City Council approves an SLU whichis evaluated based on the nine criteria contained in the Zoning Ordinance. The proposedchurch will be consistent with the Zoning Ordinance provided it has sufficient parking for the200 member congregation.9. Will the proposed special land use meet the dimensional requirement s of the district inwhich the property is located?

The proposed site complies with all setback and parking lot layout requirements. Therequired number of parking spaces for a church w ith a seating capacity of 200 is the onlydimensional issue that needs to be addressed. 67 parking spaces are required and 42 areshown on the site plan. The applicant has 2 options: (1) Obtain a written lease agreementfrom a property owner within 300 feet of the site for use of 25 additional parking spaces; or(2) reduce the seating capacity to 126.The applicant should be advised that landscaping will be required in the 8 foot buffer stripalong the front and rear property lines. The landscaping must consist of a row of shrubs andtrees at a ratio of 1 tree for each 30 lineal feet of buffer area and 5 shrubs for each 20 linealfeet of buffer area. The trees must have a minimum starting size of 2 caliper inches. Shrubsmust have a minimum size of 24 inches in height and spread at the time of planting.

SUMMARYThis is a request by Woodside E & D , LLC for a special land use permit to construct a church withassociated site improvements on the va cant property located between 3310 and 332 0 BardavilleStreet. The subject property is zoned "F" Com mercial, which district permits churches, if a SpecialLand Use permit is approved by the Lansing City Council.Based on the findings contained in this staff report, the proposal complies with all of the criteria ofSection 1282.03(f) (1)-(9) of the Zoning Code for evaluating Special Land Use permits.


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SLU-4-2010 Bardaville Street Page 51. The proposed Special Land Use will be harmonious with the character of adjacent propertiesand surrounding uses.2. The proposed Special Land Use will not change the essential character of the surroundingproperties.3. The proposed Spec ial Land Use will not interfere with the general enjoyment of adjacentproperties.4. The proposed Special Land U se does represent an improvement to the lot as it currentlyexists.5. The proposed Special Land Use will not be hazardous to adjacent properties.6. The proposed Special Land Use can be adequately served by public services and utilities.7. The proposed Special Land Use w ill not place any dem and on public services and facilitiesin excess of current capacities.8. The proposed Special Land Use is consistent with the specific designations of the ZoningCode and the N ortheast Area Comprehensive Plans.9. The proposed Special Land Use will comply with the dimensional requir ements oftheZoningOrdinance.

RECOMMENDATIONStaff recommends approval of SLU-4-2010, based upon the findings of fact as outlined in this staffreport.

1. Landscaping, as described in this staff report, is installed along the east and westproperty lines.2 Any dumpsters on the site are screened per the requirements of the Zoning Ordinance.3. The seating capacity of the building is limited to the am ount of on-site parking orparking that can be leased within 300 feet of the site.4. The church agrees, in writing, that is will not object to the issuance of liquor licenseswithin 500 feet of the site.

Respectfully Submitted,Susan StachowiakZoning Administrator


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33-01-01-06.-104-712w0 ASSOCIATED L L C3326 W SIGINAW STLANSING, MI 46017

PARKING:42 SPACES WITH(2) BARRIER FREE SPACESOVERFLOW PARKING TO THENORTH CAN BE USED SUNDAYS.

ZONING:ZONED F-1 - COMMERCIAL DISTRICTDENSITY RESIDENTIALSFTRACK RFOUIRFMFNTS:PRINCIPAL BUILDINGSFRONT SETBACK: 20'SIDE SETBACK: O'-25 'REAR SETBACK: 25'

J111110ING HEIGHT:MAXIMUM BUILDING HEIGHT: 40'

The South 100 foot of Lot 2 of the plat of Bordoville Plaza, oSuhdMsion of o port of the Northwest 1/4 of Section 6, T4N, 112W,City of Loosing. Ingham County, Mlchlgon, as reconled In Dher 30of Plots, Pogo 35, Ingham County Records.

SURIFCT PARCFI,IS ZONED ZONED:F-i COMMERCIALTAX ID NO. 33-01-01-06-104-067 FRED N. WHITE P.E. #12034

OWNER: JIM FOXWOODSIDE E Jr D LW4815 W. GRAND RIVER AVELANSING MI 48906FRED WHITE ENGINEERING CO.2300 NORTH GRAND RIVER AVELANSING, MICHIGAN 48906577-321-7111

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LegendRoadsParcelsA Residential-SingleB Residential-SingleC Residental-2 UnitNONECUP Community Unit Plan

?`F D-1 Professional OfficeD-2 Residential/Office

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^I0-I Business0 2 WholesaleH LightindusttalI Heavy IndustrialJ ParkingROW Right of Way


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Site Location MapNorth


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CITY OF .LANSINGNOTICE OF PUBLIC HEARINGSLU-5-2010, .230 Bingham StreetSpecial Land Use Permit - C hurch

The Lansing City Council will hold a public hearing on Monday, August 9, 2010,at 7:00 p.m. in Council Chambers, 10 th Floor, Lansing City Hall, 124 W. MichiganAvenue, Lansing, Michigan, to consider SLU-5-2010. This is a request byReformed Church of America, Classis South Grand Rapids, Black Soil Church, toutilize the building at 230 Bingham Street for a church. The subject property iszoned "C" Residential, which district permits churches , if a Special Land Usepermit is approved by the Lansing C ity Council.For more information about this case, 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, August 9, 2010, at theCity Council Offices, Tenth Floor, City Hall, 124 West Michigan Avenue, Lansing,MI 48933-1696.Chris Swope, Lansing City Clerk


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June 8, 2010To: Members of the C ity of Lansing Planning BoardI am writing in support of the Special Use Permit requested by B lack Soil Church for use offormer Firehouse #4 at 200 Bingham Street as a church. During its May 24 th meeting, the AllenNeighborhood Center Board of Directors had an extensive conversation about issues of concern(parking) and possibilities (increase number of young Black Soil families moving into immediateneighborhood, improvement of an historic firehouse, etc.). The Board then unanimously votedto endorse the project,We are particularly impressed by the active involvement of Black Soil mem bers in communityimprovement initiatives. Over the last several years, Black Soil members have: started a neighborhood organization, called Regent Oaks (the most active resident-drivenorganization between E. Kalamazoo and 496), demonstrating an awareness of the importanceof bringing neighbors together to work on housing, safety, and beautification; hosted park clean-ups in Hunter Park and Regent Pa rk; provided assistance to neighborhood seniors; volunteered extensively with Allen Neighborhood Center projects, including the Allen St.Farmers Market, the Hunter Park GardenHouse, and the ANC Housing Caucus.The Church has a social mission that centers on community improvement and revitalization, andthe impact of their activities in this area of the Eastside have been exceptionally positive. Webelieve that the entire neighborhood will benefit from Black Soil's presence in old Firehouse #4,with the most immediate area receiving the greatest bene fit.If you have questions or concerns or require additional information, please don't hesitate toemail me at joann(_a,allenneighborhoodcenter.org or call me at 517-999-3912 (direct dial).Sincerely,

Joan Nelson, DirectorAllen Neighborhood Centerxperience ". Ron DavidMuch more than a physical space; community is an experience". *

1619 E. Kalamazoo St., Lansing, MI 48912(517) 367-2468 www.allenneighborhoodcenter.org


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SLU-5.2010 230 Bingham Street Paqe 1GENERAL INFORMATION

APPLICANT/OWNER: Jeremy Dowsett1010 MorganLansing, MI 48912On behalf ofReformed Church of America, Classis South Grand Rapids,Blacksoll Church4500 60th Avenue SEGrand Rapids, ME 49512

REQUESTED ACTION: Special Land U se perm it to establish a church in the buildingat 230 Bingham StreetEXISTING LAND USE: Vacant Fire Station Building (former child care center)EXISTING ZONING: "C" R esidential DistrictPROPERTY SIZE & SHAPE: Rectangular - See attached map66' x 123.75' = 8,167.5 sq. ft. (.1875 acres)SURROUNDING LAND USE: N: Single Family R esidential

S: Multiple Family ResidentialE: 2-Family R esidentialW: Single Family Residential

SURROUNDING ZONING: N: "C" ResidentialS: "DM-3" R esidential DistrictE: "C" Re sidential DistrictW: "C" Re sidential District

MASTER PLAN DESIGNATION: The 1990 Northeast Area Comprehensive Plan designates thesubject property for low density residential use. Bingham andProspect are both designated as local roads. .

SPECIFIC INFORMATIONThis is a request by Reformed Ch urch of Ame rica, Classis South Grand R apids, Black Soil Church,to utilize the building at 230 Bingham Street for a church. The subject property is zoned "C"Residential, which district permits churches, if a Special Land Use perm it is approved by the LansingCity Council.


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SLU-5-2010 230 Bingham Street Page 2

Background Information

The building at 230 Bingham Street is 2 stories in height, contains 4,613 square feet and wasconstructed in 1904. Once the fire department vacated the building, it was used as a single familyresidence. In 1984 a special land use permit was approved to permit the use of the ground floor fora health and fitness studio and the upper floor for 2 residential apartments. Also in 1984, the Boardof Zoning Appeals approved a variance to the parking requirements for theses uses.In 1995, a special land use permit was approved to allow a child care center in the building and avariance was approved to the parking requirement for this use. The child care center operated at thislocation until approximately 2008. Since that time, the building has remained vacant except for the2residential units on the second floor which are currently occupied.Section 1250.04(b) of the Zoning C ode states that churches in the "C" Residential district must belocated on a collector, principal or minor arterial and must be located on a lot that is at least 2 acresin size. In addition, Section 1284.13(b)(1) requires one parking space for each 3 seats in the churchsanctuary. Based on the proposed seating capacity, 25 parking spaces will be required. The propertyat 230 Bingham St. is located on a local road, is .18 acres in size and has no on-site parking spacesthat will be available for the church. The Zoning Board of Appeals, at it's May 13, 2010 meeting,approved variances to these requirements.

AGENCY RESPONSES:(Sent 6/8/10 - Due 6/22/10)BWL:Building Safety: Project shall, comply with Michigan Building Code. Permits will berequired for any alterations. Building must comply with allrequirements for barrier free access.Code Compliance:Development:Fire Marshal:LPD:Parks & Recreation:Public Service:Transportation:


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SLU-5 .2010 230 Bingham Street Page 3

ANALYSIS,

Section 1282.03(f)(1)-(2) sets forth the criteria which must be used to evaluate a Special Land Usepermit request. The criteria and evaluation are as follows.1. maintained in amanner harmonious with the character of adjacent property and the surrounding area?

The church w ill have a very small mem bership and will focus its outreach efforts on thesurrounding neighborhood. This will help to keep vehicular traffic to a minimum a s themajority of the membership will hopefully walk, rather than drive to the church. With respectto parking, the concern is that traffic associated with the church will infringe on the rights ofneighborhood residents by monopolizing on-street parking in the area. There areapproximately 19 on street parking spaces directly adjacent to the subject. The applicant isseeking a joint parking agreement with Bingham Elementary Schoo l and/or the PilgrimCongregational Church , both of which are located one block north of the subject property.Such an agreement will help to minimize any negative impacts on the neighborhood w ithregard to overuse of on-street parking.The use will be harmonious with the surrounding residential area, as long as the focus of thechurch is on the immediate neighborhood rather than reaching out to a larger geographic areaof the city. Small neighborhood chu rches can be a very valuable part of healthy urb anenvironment. This church, in particular, has a history of being a very stabilizing force in theEastside neighborhoods of Lansing. As long as the traffic associated with the church is keptto an absolute minimum, the effects of the proposed church in this area should be positive.

2. tial character of the surroundingarea?The site contains a fire station building and therefore, by its very nature, it is difficult to findan appropriate use of the building, especially since it contains 4,613 square feet of floor area.Based on the residential zoning and relatively small lot size, the only use that is permitted byright at this location is a duplex The building curren tly has two residential im p its on thesecond floor. The first floor, howev er, is vacant. Given the design an d size of the buildingat 230 Bingham , a duplex does not seem like a viable use of the entire building. Therefore,some type of nonresidential or quasi-residential use needs to be considered for the first floor.The previous use of the building for a child care center proved to be a compatible use in thisresidential neighborhood. The child care center, drew its primary customer base from thesurrounding neighborhood and therefore, did not generate a burdensome am ount of trafficin the area. Likewise, the current proposal is for a "neighborhood church", which will alsobe intended to draw is parishioners from the surrounding neighborhood.


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SLID-5.2010 230 Bingham Street Paqe43. and use interfere with the enjoyment of adjacentproperty?

The primary concern with churches in terms of interfering with the enjoyment of adjacentproperties is the potential conflicts with liquor licenses. By state law, a church has anopportunity to object to all new liquor licenses within 500 feet of the church property. In thiscase, there are no comm ercially zoned properties within 500 feet of the subject property.4. Will the proposed special land use represent an improvem ent to the use or characterof property under consideration and the surrounding area in general, and w ill the usebe in keeping with the natural environment of the lot?

The subject property contains an existing building that was constructed for non-residentialpurposes. The purpose of the special land use permit and the variances that have already beenapproved is to accommodate a use for the building that will not be detrimental to thesurrounding area. The alternative is to allow the first floor of the building to remain vacant,which will detract rather than enhance the neighborhood in which it is located.With regard to the natural environment of the lot, no changes are proposed for the site. Thereare two small paved areas on the site, each of which can accommodate 2 parking spaces.These parking spaces are for use by the residents of the two upper floor apartments. The.majority of the site is an unimproved area that was used as an outdoor play area for the childcare center that previously occupied the building. While the applicant could pave some of thisarea to provide additional on-site parking, doing so wo uld not only be detrimental to thephysical environment, but could also have a negative impact on the privacy and enjoyment ofadjoining properties.

5. Will the proposed special land use be hazardous to adjacent property or involve uses,activities, materials or equipment which are detrimental to the health, safety or welfareof persons or property through the excessive production of traffic, noise, smoke, odor,fumes or glare?As long as the traffic and on-street parking is kept to a m inimum, no nuisances will begenerated by granting the proposed variances.

6. Will the proposed specialland use b e adequately served by essentialpublic facilities andservices, or is it demonstrated that the person responsible for the proposed speciallanduse is able to continually provide adequately for the services and facilities deemedessential to the special land use under consideration ?The subject property is currently served by all necessary public services and utilities. Nonegative coaanents have been received from any of the reviewing departments or agencies.Inspections may be necessary to determine if the . structure complies with current bu ildingcode and fire code requirements for an assembly use.


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7. the proposed special land use place demand on public services and facilities inexcess of current capacity?The proposed sp ecial land use is not expected to increase the dem and on public services andfacilities in excess of current capacity.

8. d purpose of this ZoningCode and the objectives of any currently adopted Comprehensive Plan?The proposed church is consistent with the intent and purpose of the Zoning Ordinance andthe Northeast Area Com prehensive Plan. The comprehensive plan and the zoning ordinanceboth designate the subject prop erty for residential use. Churches are pe rmitted in residentialdistricts, subject to obtaining a special land use permit, because they are consideredcompatible uses in residential neighborhoods. The reason that churches are consideredcompatible with residential uses is that they are quiet, the majority of the traffic is onweekends and there is no heavy truck traffic associated with their use. In this case inparticular, the church will concentrate its efforts on strengthening the surroundingneighborhood. Blacks oil church has been very active in the community, even though it hasnot had a permanent home in the City of Lansing. It has partnered with the AllenNeighborhood C enter on. several clean-up projects, home improvement projects, activities inthe parks, etc., on the east side of Lansing. The church will continue to be an active andstabilizing force in this area.

9.the proposed special land use meet the dim ensional requirements of the district inwhich the property is located?There are no physical changes proposed for the exterior of the building or the site at 230Bingham Street. Section 1284.13(b) (1) of the Zoning Ordinance requires 1 parking space foreach 3 seats in the main sanctuary. Since the applicant would like to have seating for 75people in the sanctuary, 25 parking spaces are required. Section 1250.04(b) of the ZoningOrdinance states that church es in the "C" Residential district must be located on a collector,principal or minor arterial and must be located on a lot that is at least 2 acres in size. Theproperty at 230 Bingham Street is located on a local road and is .18 acres in size. The ZoningBoard of Appeals, at it's May 13, 2010 meeting, approved variances to all of theserequirements.

SUMMARYThis is a request by Reformed Ch urch of Ame rica, Classis South Grand R apids, Black Soil Church,to utilize the building at 230 Bingham Street for a church. The subject property is zoned "C"Residential, which district permits churches, if a Special Land Use perm it is approved by the LansingCity Council.


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Based on the findings contained in this staff report, the proposal com plies with all of the criteria ofSection 1282.03(f)(1)-(9) of the Zoning Code for evaluating Special Land Use permits.1. The proposed Special Land Use will be harmonious with the character of adjacent propertiesand surrounding uses.2. The proposed Special Land Use will not change the essential character of the surroundingproperties.3. The proposed Spe cial Land Use will not interfere with the general enjoyment of adjacentproperties.4. The proposed Special Land U se does represent an improvement to the lot as it currentlyexists.5. The proposed Special Land Use w ill not be hazardous to adjacent properties.6. The proposed Special Land Use can be adequately served by public services and utilities.7. The proposed Special Land Use will not place any dem and on public services and facilitiesin excess of cu rrent capacities.8. The proposed Spe cial Land Use is consistent with the specific designations of the Zo ningCode and the N ortheast Area Comprehensive Plans.9. The proposed Special Land Usew ill comply with the dimensional requirements of the ZoningOrdinance.

RECOMMENDATIONStaff recommends approval of SLU-5-2010, based upon the findings of fact as outlined in this staffreport.Respectfully Submitted,Susan StachowiakZoning Administrator


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From: Carol WoodTo: Clerk, CityDate: 8/5/2010 4:42 PMSubject: Fwd: ABC letter for Blacksoil (Reformed Church of America)public hearing 8/9/10:Attachments: ABC letter for Blacksoil public hearing.docReply requested when convenientPlease included as part of the Public Hearing information.Thank you,Carol>>> Denise Kelley 8/5/2010 4:32 PM >>>Dear City Council Members,My name is Denise Kelley and I am the president of the Association for the Bingham Community (ABC). Iam so sorry that I am unable to attend Monday night's public hearing for the Blacksoil Church. I ampreparing for our National Night Out event on Tuesday evening and I have another meeting also. Pleaseaccept my apologies.I am attaching a letter in support of this church's request. I would appreciate it if this letter could be readinto the record on behalf of the ABC Neighborhood's Board.If you have any questions/concerns you would like me to address please feel free to contact me at 484-9109 or abcneighborhood,sbcglobal.netOnce again, I am sorry I can not be there in person.SincerelyDenise KelleyPresident of ABC


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August 5, 2010Members of Lansing's City CouncilCity HallDear Council Members,My n ame is Denise Ke lley and I am the president of the Association for the BinghamCommunity (ABC). The building at 230 Bingham Street that Jeremy Dowsett and the ReformedChurch of A merica (Blacksoil Church) would like to have their church is inside ourneighborhood. The building, or FireHouse as we call it, is a good bu ilding that has sat empty forthe last year or so. It has historical significance in the city as the last pre- modem firehouse.ABC's board has met with Jeremy Dowsett to learn more about his church's plans for thebuilding. As you can imagine, we w ere very concerned abo ut the lack of available parking. Wealso had to learn more about what this particular church does and what they stand for. Since theyhave started this purchase process, a few members of the con gregation have and are activelylooking to move into the ABC neighborhood, This is a small boost to our housing stock in thisneighborhood.It was decided after a good and productive conversation to support this church in this purchase.We ha ve stated to Mr. Dowsett that we would like to see a couple things happen that he hasagreed to. One: A w ritten agreement with a parking lot near by so that the street is notoverloaded with cars each Saturday evening when they meet. Blacksoil has entered into anagreement with a larger church down the block to use their parking lot. Mr. Dowsett and hisleaders have agreed to very strongly encourage their congregation to park in that lot. Two: Heand his church needs to m aintain the open line of commun ication that we have started at thismeeting. I have attended a m eeting of his church's leaders to introduce myself and theneighborhood to them. Since those meetings in the spring, Mr. Dowsett and I have touched baseon this and other projects in the neighborhood. So far this has been going well.In conclusion, the Association for the Bingham Com munity board supports this request forJeremy Dow sett and the Reformed Church of Am erica (Blacksoil Church) to move their churchand congregation into the building at 230 Bingham Street. We look forward to welcomingBlacksoil into the neighborhood and having a good relationship with them. If there are anyquestions or concerns you wou ld like me to answer, please feel free to contact me at 517-484-9109 or [email protected]

Sincerely,Denise KelleyPresident of ABC


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BY THE COMMITTEE ON DEVELOPMENT AND PLANNINGRESOLVED BY THE C ITY COUNCIL OF THE CITY OF LANSINGWHEREAS, in 2006 in an effort to promote economic development in qualifyingcommunities, the Michigan Legislature passed Act 501 of the Public Acts of2006, being Section 521a of the Michigan Liquor Control Code of 1998, beingMCL 436.1521a, ("Act") which Act established the criteria for development arealiquor licenses, andWHEREAS, pursuant to the Act, a local governmental unit, including the City ofLansing, may authorize the approval of certain on-premises liquor licenses,irrespective of the availability of on-premises licenses from quota to applicantswithin a designated development project area meeting certain establishedcriteria; andWHEREAS, Section 521a(1)(b) of the Act requires a resolution from thegoverning body of the community that establishes and certifies certain criteria,including a certification that the community has created a qualifying developmentarea, and approving an applicant at a location within a development area beforethat applicant may apply to the Michigan Liquor Control Commission for adevelopment area liquor license; andWHEREAS, Section 521 a(1)(b) requires that an applicant for a development arealiquor license be engaged in the business of dining, entertainment or recreation,be open to the general public and have a seating capacity of not less than 50persons; andWHEREAS, Section 521 a(1)(b) requires that an applicant for a development arealicense present evidence that not less than $75,000 has been expended in therehabilitation or restoration of the bu ilding that ho uses the licensed premises overthe preceding 5 years; andWHEREAS, Gavrilides Management Company, LLC, a legal entity consisting ofmembers who have evidenced a commitment to economic development andgrowth within the City of Lansing, has requested the City's approval of adevelopment area license under the Act, and have informed the City that ifapproved by the City of Lansing and the Michigan Liquor Control Commission, itwill use the license at a restaurant to be located at 1419 E. Michigan Avenue inLansing; andWHEREAS, Gavrilides Management Company, LLC, d/b/a the Soup SpoonCafe, has presented evidence that not less than $75,000 has been expended onthe restoration or rehabilitation of the proposed licensed premises within the past5 years; and


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WHEREAS, Gavrilides Management Company, LLC d/b/a the Soup Spoon Cafeis a business, open to the general public, is engaged in dining, entertainment,and recreation and has a seating capacity not less than 50 p ersons; andWHEREAS, Gavrilides Management Company, LLC d/b/a has been informedthat final approval of a license at 1419 E. Michigan will be subject to approval bythe Michigan Liquor Control Commission and a background investigation andapproval by this body,NOW, THEREFORE, BE IT RESOLVED that this body makes the followingfindings in accordance w ith the requirements of the Act:

a. On November 2, 2009, the City of Lansing created the MichiganAvenue Corridor Improvement Authority in accordance with the CorridorImprovement Authority Act, MCL 125.2871 to 125.2898.b. Gavrilides Management Company, LLC d/b/a the Soup Spoon Cafe

at 1419 E. Michigan Avenue, in Lansing is within the corridor improvement areaestablished by the City of Lansing, and is approved for a liquor licenseauthorizing the sale of beer wine and spirits for consumption on its premises (aso called "Class C" liquor license) pursuant to the development area licensingprovisions of the Act, above all others at 1419 E. Michigan Avenue, Lansing.


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BY -THE COMM ITTEE OF DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGSLU-3-201 0W. E dgewood Blvd.Church in the "D-1" P rofessional Office DistrictWHEREAS, the applicant, Pastor Ed Thomas on behalf of Antioch Full Gospel BaptistChurch, has requested a Special Land Use permit (SLU-3-2010) to construct a churchwith related site improvement on the vacant property located immediately west of 815W. Edgewood Blvd; andWHEREAS, the property is zoned "D-1" Professional Office District where churches arepermitted subject to obtaining a special land use permit; andWHEREAS, a review was completed by staff evaluating the character, location andimpact this proposal would have on the surrounding area and the impact on theenvironment, utilities, services and compliance with the Zoning Code and objectives ofthe Comprehensive Plan; andWHEREAS, the Planning Board held a public hearing on May 18, 2010, at which timethree representatives of the church spoke in favor of the request and no othercomments were received; andWHEREAS, the Planning Board (based upon testimony, evidence and the staff report)at its May 25, 2010 meeting, voted unanimously (5-0) to recommend approval of SLU-3-2010 to permit a church on the vacant property located immediately west of 815 W.Edgewood B lvd.; andWHEREAS, the City Council held a public hearing regarding SLU-3-2010 on July 26,2010; andWHEREAS, the Committee on Development and Planning has reviewed the report andrecomm endation of the Planning Board and concurs therewith; and

NOW THEREFORE BE IT RESOLVED that the Lansing City Council hereby approvesSLU-3-2010 to construct a church on the vacant property located immediately west of815 W . Edgewood Blvd., as depicted on the plan dated 4/19/10.

BE IT FURTHER RESOLVED that this Special Land Use permit shall remain in effectonly so long as the petitioner fully complies with this resolution, and if the petitioner failsto comply, the Special Land Use perm it may be terminated by City Council Resolution.


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BE IT FINALLY RESOLVED that in granting this request, the City Council determinesthe following:1. The proposed church is compatible with the essential character of thesurrounding area, as designed.2. The proposed church will not change the essential character of thesurrounding area.3. The proposed church will not interfere with the general enjoyment ofadjacent properties.4. The proposed church will not impact adjacent properties as it will not bedetrimental to the use or character of the property und er consideration.5. The proposed church will not impact the health, safety and welfare ofpersons or property in the surrounding area.6. The proposed church can be adequately served by essential publicfacilities and services.7. The proposed church will not place any demands on public services andfacilities in excess of current capacities.8. The proposed church is consistent with the intent and purposes of theZoning Code and the Northeast Area Comprehensive plan.9. The proposed church will comply with the requirements of the "D-1"Professional Office District.

Brigham Smith, City Attorney Date


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BY The COMMITTEE ON DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGAct-2-09: 229 S. Cedar Street (PPN 33-01-01-16-427-082); ACQUISITION OFREAL PROPERTYWHEREAS, the City of Lansing Planning and Neighborhood DevelopmentDepartment requests authorization to purchase the property at 229 S. Cedar forthe developme nt of a su rface parking lot at that location; andWHEREAS, the property is just over an acre in size, and is located on the eastside of S. Cedar near the Board of Water and Light's solar array and Dye WaterTreatment Plant; andWHEREAS, the property contains a one-story building, and is currently occupiedby Yellow Cab, which would voluntarily sell the property and vacate the buildingprior to its demolition; andWHEREAS, the property is zoned "H" Light Industrial District, and its master plandesignation is "General Commerce", which recommends a mix of uses, either atthe site or district level; andWHEREAS, a Category "N" Baseline Environmental Assessment (BEA) wassubmitted to the Michigan Department of Environmental Quality on behalf of theCity by NTH Consultants on September t, 2009, which concluded that theproperty is considered a "facility" in accordance with Part 201 of Act 451, asamended, and further concludes that the potential for exacerbation of existingconditions is considered minimal in view of the City's proposed use of theproperty; andWHEREAS, a written appraisal of the property dated November 21, 2007, andconducted by R.J. Thomas & Associates, Inc./Harold Blake Co., estimated themarket value of the property to be $435,000, and on November 24, 2008,updated the estimate of value to $350,000; andWHEREAS, on April 2, 2010, the Planning Board reviewed the location,character and extent of Act-2-09 in accordance with its Act 33 Reviewprocedures, and found that: The subject site is no longer a good location for an industrial building, The subject property could benefit the public in the short term, The subject property has long term potential for redevelopment, The property is currently on the market, and a better opportunity topurchase it may not present itself, A well-landscaped parking lot at this location would enhance theappearance of the area; and


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WHEREAS, the Planning Board, at its meeting on April 6, 2010, votedunanimously (5-0) to recommend approval of Act-2-09, the acquisition of theproperty at 229 S. Cedar Street for the development of a surface parking lot atthat location; andWHEREAS, the Committee on Development and Planning has reviewed thereport and recommendation of the Planning Board and concurs therewith;NOW THEREFORE BE IT RESOLVED, the Lansing City Council herebyapproves Act-2-09 and authorizes the fee simple purchase of 229 S. Cedar,legally described as:

LOT 8 JOHNS SUB, ALSO S 41.25 FT OF W 1/2 LOT 4, W 1/2 LOTS 5 & 6, AND S57.75 FT OF N 132 FT OF E 1/2 LOT 5 EXC E 114.5 FT BLOCK 241 ORIG PLATby deed from James L. and Forest A. Reutter and Ronald S. and Cynthia J.Bewersdorff, for the sum of $3 50,000, plus closing costs.BE IT FINALLY RESOLVED, that the Mayor, on behalf of the City, is herebyauthorized to sign and execute all documents necessary to effectuate theaforementioned transaction(s), subject to their prior approval as to content andform by the City Attorney.


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

WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor ControlCommission has received a request from 414 Entertainment, LLC for a new OutdoorService (1 area) to be held in conjunction with 2010 Class C licensed, business withDance-Entertainment Permit, located at 414 E Michigan Ave., Lansing- MI 48933,Ingham County; andWHEREAS, 414 Entertainment, LLC of 414 E. Michigan Ave. has obtained theappropriate signatures to add a new Outdoor Service (1 area) to be held in conjunctionwith 2010 Class C licensed, business with Dance-Entertainment Permit, located at 414 EMichigan Ave., Lansing- MI 48933, Ingham C ounty; andWHEREAS, the Committee on General Services met on Monday, August 9, 2010 toreview the request and took affirmative action;NOW , THEREF ORE , BE IT RESO LVED, the Lansing City Council, hereby, approves therequest from 414 Entertainment, LLC for a new Outdoor Service (1 area) to be held inconjunction with 2010 Class C licensed, business with Dance-Entertainment Permit,located at 414 E M ichigan Ave., Lansing- MI 48933, Ingham County.;BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan LiquorControl Comm ission of the action taken.

D A


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XI!

BY THE COM MITTEE ON PUBLIC SAFETYRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the Code Compliance Manager has determined that the building located at1604 Bailey, Parcel # 33-01-01-21-478-080 legally described as: N 6.86 Ft of E 63 FtLot 82 & E 63 Ft Lots 78 & 80 Torrance Farm Add is an unsafe or dangerous building asdefined in Section 1460.24 of the Lansing Uniform Housing Code and the Housing Lawof Michigan and was red tagged o n July 11, 2006; andWHEREAS, a hearing was held by the Hearing Officers on May 27, 2010, at which theHearing Officers determined that said building was an unsafe and dangerous buildingand ordered the building demolished or made safe by June 27, 2010; andWHEREAS, said Hearing Officers filed a report of their findings and order with the CityCouncil and requested the City Council to take appropriate action under the LansingHousing and Prem ises Code and the Housing Law of M ichigan; andWHEREAS, the Housing Law of Michigan and Premises Code require a hearing beconducted to give the property owner an opportunity to show cause why a dangerousstructure should not be demolished or otherwise made safe; andWHEREAS, the City Council held a public hearing on July 26, 2010, to review thefindings and the order of the Hearing Officers and the owners were notified in writing ofsaid hearing and had an opportunity to appear and show cause why said buildingshould not be demolished or otherwise made safe; andWHEREAS, the Code Compliance Office has determined that compliance with the orderof the Lansing Dem olition Hearing Board Officer has not occurred; andNOW, THEREFORE, BE IT RESOLVED that the owner(s) of 1604 Bailey are herebydirected to comply with the order of the Hearing Officers to demolish or otherwise makesafe the said building within sixty days from the date of this resolution, Monday, August9, 2010.BE IT FURTHER RESOLVED that the property owner(s) is hereby notified that thisorder must be appealed within twenty days pursuant to MCL 125.542 and should theowners fail to comply with the Hearing Officers' order for demolition or make safe, theManager of Code Compliance is hereby directed to proceed with demolition of saidbuilding.BE IT FURTHER RESOLVED whether demolition is accomplished by said propertyowner or the city that appropriate seeding and restoration of property take place toavoid run-off to adjacent properties.BE IT FUR THER RE SO LVED that the cost of such demolition shall be a lien against thereal property and shall be reported to the City Assessor.


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BE IT FINALLY RESOLVED that the owners in whose name the property appears uponthe last local tax assessment record shall be notified by the City Assessor of the amountof such cost by first class mail at the address shown on the records. Upon the ownersfailure to pay the same within thirty (30) days after mailing by the City Assessor of thenotice of the amount thereof, the amount of said costs shall be a lien and shall be filedand recovered as provided by law and the lien shall be collected and treated in thesame manne r as provided for property tax liens under the g eneral property tax act.


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BY THE COM MITTEE ON PUBLIC SAFETYRESOLVED BY'THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the Code Compliance Manager has determined that the building located at4613 Donald, Parcel # 33-01-01-33-407-011 legally described as: S 90 Ft Lot 26Everett-Dale is an unsafe or dangerous building as defined in Section 1460.24 of theLansing Uniform Housing Code and the Housing Law of Michigan and was red taggedon April 22, 2004; andWHEREAS, a hearing was held by the Hearing Officers on May 27, 2010, at which theHearing Officers determined that said building was an unsafe and dangerous buildingand ordered the building demolished or made safe by Jun e 27, 2010; andWHEREAS, said Hearing Officers filed a report of their findings and order with the CityCouncil and requested the City Council to take appropriate action under the LansingHousing and Prem ises Code and the Housing Law of M ichigan; andWHEREAS, the Housing Law of Michigan and Premises Code require a hearing beconducted to give the property owner an opportunity to show cause why a dangerousstructure should not be demolished or otherwise made safe; andWHEREAS, the City Council held a public hearing on July 26, 2010, to review thefindings and the order of the Hearing Officers and the owners were notified in writing ofsaid hearing and had an opportunity to appear and show cause why said buildingshould not be demolished or otherwise ma de safe; andWHEREAS, the Code Compliance Office has determined that compliance with the orderof the Lansing Dem olition Hearing Board Officer has not occurred; andNOW, THEREFORE, BE IT RESOLVED that the owner(s) of 4613 Donald are herebydirected to comply with the order of the Hearing Officers to demolish or otherwise makesafe the said bu ilding within sixty days from the date of this resolution, .BE IT FURTHER RESOLVED that the property owner(s) is hereby notified that thisorder must be appealed within twenty days pursuant to MCL 125.542 and should theowners fail to comply with the Hearing Officers' order for demolition or make safe, theManager of Code Compliance is hereby directed to proceed with demolition of saidbuilding.BE IT FURTHER RESOLVED whether demolition is accomplished by said propertyowner or the city that appropriate seeding and restoration of property take place toavoid run-off to adjacent properties.BE IT FUR THE R RE SO LVED that the cost of such demolition shall be a lien against thereal property and shall be reported to the City Assessor.BE IT FINALLY RESOLVED that the owners in whose name the property appears upon


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the last local tax assessment record shall be notified by the City Assessor of the amountof such cost by first class mail at the address shown on the records. Upon the ownersfailure to pay the same within thirty (30) days after mailing by the City Assessor of thenotice of the amount thereof, the amount of said costs shall be a lien and shall be filedand recovered as provided by law and the lien shall be collected and treated in thesame manner as provided for property tax liens under the general property tax act.


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g

BY THE COM MITTEE ON PUBLIC SAFETYRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the Code Compliance Manager has determined that the building located at801 N. Sycamore, Parcel # 33-01-01-09-357-031 legally described as: Lot 10 Block 2.0F Barnes Sub on Block 27 is an unsafe or dangerous building as defined in Section1460.24 of the Lansing Uniform Housing Code and the Housing Law of Michigan andwas red tagged on August 8, 2002; andWHEREAS, a hearing was held by the Hearing Officers on May 27, 2010, at which theHearing Officers determined that said building was an unsafe and dangerous buildingand ordered the building demolished or made safe by Jun e 27, 2010; andWHEREAS, said Hearing Officers filed a report of their findings and order with the CityCouncil and requested the City Council to take appropriate action under the LansingHousing and Premises Code and the Housing Law of Michigan; andWHEREAS, the Housing Law of Michigan and Premises Code require a hearing beconducted to give the property owner an opportunity to show cause why a dangerousstructure should not be demolished or otherwise made safe; andWHEREAS, the City Council held a public hearing on July 26, 2010, to review thefindings and the order of the Hearing Officers and the owners were notified in writing ofsaid hearing and had an opportunity to appear and show cause why said buildingshould not be demolished or otherwise made safe; andWHEREAS, the Code Compliance Office has determined that compliance with the orderof the Lansing Dem olition Hearing Board O fficer has not occurred; andNOW, THEREFORE, BE IT RESOLVED that the owner(s) of 801 N. Sycamore arehereby directed to comply with the order of the Hearing Officers to demolish orotherwise make safe the said building within sixty days from the date of this resolution, .BE IT FURTHER RESOLVED that the property owner(s) is hereby notified that thisorder must be appealed within twenty days pursuant to MCL 125.542 and should theowners fail to comply with the Hearing Officers' order for demolition or make safe, theManager of Code Compliance is hereby directed to proceed with demolition of saidbuilding.BE IT FURTHER RESOLVED whether demolition is accomplished by said propertyowner or the city that appropriate seeding and restoration of property take place toavoid run-off to adjacent properties.BE IT FU RTHER R ESO LVED that the cost of such demolition shall be a lien against thereal property and shall be reported to the City Assessor.BE IT FINALLY RESOLVED that the owners in whose name the property appears upon


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the last local tax assessment record shall be notified by the City Assessor of the amountof such cost by first class mail at the address shown on the records. Upon the ownersfailure to pay the same within thirty (30) days after mailing by the City Assessor of thenotice of the amount thereof, the amount of said costs shall be a lien and shall be filedand recovered as provided by law and the lien shall be collected and treated in thesame manne r as provided for property tax liens under the general property tax act.


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.BY THE COMMITTEEESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGWHEREAS, the City received from the Eaton County Treasurer a list of four parcels oftax foreclosed property in the City of Lansing foreclosed in 2010 for unpaid propertytaxes pursuant to Public Act 206 of 1893; andWHEREAS, under Section 78m of said Act, being MCL 211.78m(6) the title to the listedparcels would be automatically transferred to the City of Lansing on December 30,2010, unless the City objects to the transfer of all or any parcel before the transfer ismade; andWHEREAS, the Administration, through the Development Office, has reviewed and isacquainted with the four listed parcels and has inquired of City departments regardingthe usefulness of the parcels for City public purpose or their desirability for future use ordevelopment; andWHEREAS, the Administration, through the Development Office, has determined thatthe City has no interest in acquiring these parcels because the cost of maintaining suchproperty will exceed any benefit that will be obtained; andWHEREAS, the City does not wish the Eaton County Treasurer to transfer title to theCity for these parcels, andWHEREAS, it is the recommendation of the Mayor that the four parcels contained in thisresolution be rejected by the City from the automatic transfer under Section 78m(6) ofthe Act;NOW, THEREFORE, BE IT RESOLVED the City of Lansing hereby objects to thetransfer of title to the C ity of the following tax foreclosed parcels:


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2010 FORECLOSURE LISTCity of Lansing

The following parcels have been foreclosed upon by the Eaton County Treasurer,pursuant to Public Act 123 of 1999, for unpaid property taxes. Unless the City ofLansing ob jects in writing, the Act requires the Eaton County Treasurer totransfer fee simple title in these pa rcels to the City of L ansing.23-50-40-36-177-001Lot # 240 Glenburne NO 5

23-50-40-36-407-051Lot # 325 Glenburne NO 5

23-50-40-36-407-061Lot # 326 Glenburne NO 5

23-50-40-36-405-091Lot # 128 Glenburne SUB


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K T

BY THE COMMITTEE OF THE WHOLERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSINGRESOLUTION AUTHORIZING AN AGRE EMENTBETWEEN THE C OUNTY OF INGHAM AND CITY OF LANSINGREGARDING APPORTIONMENT OF CERTAINLONG TERM EMPLOYM ENT COSTS RELATING TO THE PLANNEDCONSOLIDATION OF DISPATCH SERVICES

WHEREAS, The Ingham County Board of Commissioners has determined to form aconsolidated 911 dispatch center to handle emergency and n on-emergency requests forpolice, fire, and medical service; andWHEREAS, the City is currently a vendor of dispatch services, and has decided to endsuch vendor relationship; andWHEREAS, the undertaking of such Consolidated Dispatch Services will displace,among others, the 911 emergency communication and dispatch services performed bythe City's Emergency Communications Division as a contractor of the County, andwhich are funded primarily through the monthly 911 surcharge; andWHEREAS, the County and City have agreed that all City employees actively employedand working at (or on an approved Military, Personal, Jury Duty, Union Leave, or FamilyMedical Leave Act leave from) the City's Emergency Communications Division, on theEffective Date Of The Integration and who timely apply for employment w ith the County,shall be hired to County employment to pr

Documents

Lansing (MI) City Council meeting info packet for August 9