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 FEBRUARY 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, February 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,
February 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 February 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. Presentation; Poem reading by Dee Freeman for Black History Month
2. Mayoral Presentation; Recognition of the Rotary Club as the Lead
Sponsor/Organizer of Lansing 150
3. Mayoral Presentation; Recognition of Boy Scout Troup 111 on 100 Years of
Scouting
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
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XI. SHOW CAUSE HEARINGS (Only persons who have received notice from the City as
an interested party or the interested party’s agent with written permission may speak
for up to a total of 3 minutes. Speakers must sign up on green form.)
A. SCHEDULED SHOW CAUSE HEARINGS
1. In consideration of the issuance of orders for Make Safe or Demolish
to the owners of property located at 3237 Brisbane Dr.
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.)
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS
A. REFERRAL OF PUBLIC HEARINGS
B. CONSENT AGENDA
1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING
a. Approval of Brownfield Redevelopment Plan #47; 1118 S.
Washington Ave.
b. Establishment of an Obsolete Property Rehabilitation District
for property located at 1118 S. Washington Ave.
c. Approval of an Application for Obsolete Property Rehabilitation
Exemption Certificate for property located at 1118 S.
Washington Ave.
2. BY THE COMMITTEE ON GENERAL SERVICES
a. Recognition of Non-Profit Status in the City of Lansing to
Southside Community Coalition
b. Recognition of Non-Profit Status in the City of Lansing to Mid
Michigan Softball Advisory Board
c. Recognition of Non-Profit Status in the City of Lansing to
Sexton Football Boosters Club, Inc.
d. Approval of a request to Transfer Ownership of 2009 Class C
Licensed Business with Dance-Entertainment Permit, located
at 227-229-231 S. Washington, Lansing, MI 48933, Ingham
County, from The Firm Food and Spirits LLC to Captiva
Entertainment, Inc. (Step 2)
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e. Appropriation of Community Funding to Lansing Neighborhood
Council for the Bea Christy Awards Dinner for Neighborhood
Volunteers to be held February 19, 2010
f. Claim Denial; Randy Walling for property located at 552 Isbell
St.
g. Claim Denial; David Pizana for property located at 217 E.
South St.
h. Claim Settlement; Donna Brockwell for property located at 500
S. Magnolia Ave.
3. BY THE COMMITTEE ON PUBLIC SAFETY
a. Traffic Control Order 09-065; Installation of stop signs on
Westmoreland Ave. at the intersection of Hyland St.
b. Traffic Control Order 09-066; Installation of a stop sign on
Randolph St. at the intersection of Gary Ave.
c. Traffic Control Order 09-067; Installation of a stop sign on
Continental Dr. at the intersection of Malibu Dr.
d. Traffic Control Order 09-068; Installation of a stop sign on
Belaire Dr. at the intersection of Lewton Pl.
e. Traffic Control Order 09-069; Installation of a stop sign on
Biltmore St. at the intersection of Greenoak Ave.
4. BY THE COMMITTEE ON WAYS AND MEANS
a. Confirmation of Appointment of Tricia Spain to the Board of
Review for an At-Large Term to Expire June 30, 2012
b. Fiscal Year 2010 Golf Fund Deficit Budget Amendment
5. BY THE COMMITTEE OF THE WHOLE
a. Ratification of Teamsters 580 Supervisory Unit Collective
Bargaining Agreement
b. Ratification of Teamsters 580 Clerical, Technical, Professional
Unit Collective Bargaining Agreement
C. RESOLUTIONS FOR ACTION
D. REPORTS FROM COUNCIL COMMITTEES
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E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings
1. BY COUNCIL MEMBER JEFFRIES, CHAIR OF THE COMMITTEE
ON DEVELOPMENT AND PLANNING
a. Introduction 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, and setting a Public
Hearing for March 8, 2010
F. ORDINANCES FOR PASSAGE
XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT
RELATED MATTERS
XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS
AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be
considered as being read in full and that the proper referrals be made by the
President)
1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS
a. Letters from the City Clerk submitting:
i. General Fund Status Report for Fiscal Year 2010 2nd Quarter
ii. Minutes of Boards and Authorities placed on file in the City
Clerk’s Office
b. Letters from the Mayor re:
i. Obsolete Property Rehabilitation Act (OPRA) District and
Certificate Applications submitted by Shiawassee Holdings,
LLC for property located at 906 and 911 E. Shiawassee St.
ii. ACT-3-2009 and ACT-7-2009; Groesbeck Drain Easements
iii. Amended Brownfield Redevelopment Plan #46 (b) Sonic
Restaurant – Former Governor’s Inn Project, request for Public
Hearing
iv. Traffic Control Orders along with related documents:
1. 09-024; Installation of a stop sign on Churchill Ave. at
the intersection of Hepfer Rd.
2 09-025; Parking regulations along the north side of
Clinton St.
3 09-002; Installation of a stop sign on Cooper Rd. at the
intersection of Fisher Dr.
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4. 09-004; Parking regulations on Glenwood Ave. between
Cavanaugh Rd. and Maplehill Ave.
5. 09-007 and 09-008; Regulation of lane usage and
parking on Pennsylvania Ave. between Grand River
Ave. and Oakland Ave.
6. 09-026 and 09-027; Parking regulations along Grand
Ave. between St. Joseph St. and Lenawee St.
7. 09-028, 09-029 and 09-030; Parking regulations on
North Capitol Ave., W. Shiawassee St. and N. Seymour
St.
8. 09-023; Installation of stop signs on Fairfield St. at the
intersection of Felt St.
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS
a. Letter from Ben Stark, no address given, regarding the employment
process for the Office of Community Media
b. Letter from Ray Whorton, no address given, requesting an exemption
from property tax on property located on Bardaville Dr.
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.
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CITY OF LANSING
NOTICE OF SHOW-CAUSE HEARING
DEMOLISH OR MAKE SAFE STRUCTURE
3237 BRISBANE DRIVE
NOTICE IS HEREBY GIVEN that a Show-Cause Hearing will be held February 22, 2010 in
the City Council Chambers on the 10th floor of the Lansing City Hall located at 124 W.
Michigan Avenue at 7:00 P.M. for the purpose of considering the findings and order of the
Demolition Board Hearing Officer requiring that property located at 3237 Brisbane Dr. be
made-safe or demolished.
Persons who have received notice from the City as an interested party or the interested
party's agent with written permission may appear and be given the opportunity to show
cause why the order regarding said property should not be enforced.
CHRIS SWOPE, LANSING CITY CLERK
CITY OF LANSING - DEMOLITION BOARD
REPORT FOR CITY COUNCIL
CASE OVERVIEW SHEET
ADDRESS: 3237 Brisbane Drive SHOW CAUSE HEARING DATE: 2/8/2010
PARCEL NUMBERL 3301.01.30.327.241 DEMOLITION CASE FILE #: 2009-014
LISTED TAXPAYER Albert & Barbara Kelley HOUSING CODE VIOLATION LTR: 4/27/2009
INTERESTED PARTIES: Albert & Barbara Kelley ORIGINAL RED TAG DATE: 4/27/09 (swimming pool ONLY)
SEV INFORMATION: $92,200.00 ZONING: 'A' Residential
LAND VALUE: $12,300.00 ESTIMATE OF REPAIRS: $17,500.00
BUILDING VALUE: $79,900 (swimming pool = $10,400) PICTURES: Yes
Submitted into demo process for in-ground swimming pool ONLY.
LOT SIZE Frontage 80' x Depth 120' OTHER:
Lot 107 & W 11 Ft Lot 106 Also E 4 Ft Lot
LEGAL DESCRIPTION: 108 Scotsdale No 2 Sub
ORDER OF. DEMOLITION BOARD CURRENT PERMIT ACTIVITY
B2009-1690 - Issued 10/23/09 to remove pool. NO ACTION
DEMOLITION BOARD MEETING DATE: 12/3/2009 BUILDING: SINCE ISSUANCE.
ORDER: MS or D by 1/4/10 ELECTRICAL Required, not yet pulled
REASON/CONDITIONS: Unsafe; no action MECHANICAL Required, not yet pulled
HEARING OFFICER: D. Muylle PLUMBING: Required, not yet pulled
DEMOLITION na
CURRENT CITY COUNCIL ACTIVITY
REQUESTFOR SHOW CAUSE SENT: 1/12/2010
SHOW CAUSE HEARING DATE: .2/8/2010
PUBLIC SAFETY COMMITTEE WILL REVIEW: unknown
brisbane 3237 - swimming pool:xis 2/3/2010
SIc
BY THE DEVELOPMENT AND PLANNING COMMITTEE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
RESOLUTION APPROVING
BROWNFIELD PLAN 47 - 1118 SOUTH WASHINGTON
WHEREAS, the Brownfield Redevelopment Authority (the 'Authority') of the City of
Lansing, pursuant to and in accordance with the provisions of the Brownfield
Redevelopment Financing Act, Public Act, Public Act 381 of 1996, as amended, (the 'Act')
has prepared a Brownfield Plan, submitted to Council and placed on file in the office of City
Clerk, LBRA Brownfield Plan 47 - 1118 South Washington (the 'Plan'); and
WHEREAS, a public hearing was held by the Lansing City Council and at least 10 days
before the public hearing the taxing jurisdictions were provided notice to be fully informed
about the fiscal and economic implications of the proposed Plan and given a reasonable
opportunity to express their views and recommendations regarding the Plan in accordance
with Section 13 (10) and 14(1) of the Act; and
WHEREAS, the Lansing City Council, after its public hearing on 1/11/2010, reviewed
testimony and evidence regarding the Plan, and found that:
1. the Project Property was historically used for mixed use,
2. the Plan does not utilize reimbursement of costs attributable to eligible activities to
the developer and the Authority,
3. the Project includes, in addition to the eligible activities identified in the Plan, the
redevelopment of the property,
4. the Project may result in new private investment of approximately $990,000
WHEREAS, the Authority Board of Directors, at its meeting of 12/4/2009, unanimously
recommended approval of the Plan, for this Project;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, after having duly
considered the Plan, finds it is in compliance with the provisions of the Act and further
finds:
1. The Plan constitutes a public purpose under the Act;
2. The Plan meets all of the requirements for a ABrownfield Plan@ set forth in
Section 13 of the Act;
3. The proposed method of financing the costs of the eligible activities, as
described in the Plan, is feasible and the Authority has the ability to arrange
the financing;
4. The costs of the eligible activities proposed in the Plan are reasonable and
necessary to carry out the purposes of the Act; and
IT IS FINALLY RESOLVED that the Lansing City Council hereby approves the LBRA
`Brownfield Plan - 1118 South Washington'.
BI. b
BY THE COMMITTEE ON DEVELOPMENT AND PLANNING
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
Obsolete Property Rehabilitation Act Establishment of OPRA District
1118 South Washington
WHEREAS, the intending purchaser of property located at 1118 South Washington in the
City of Lansing, Michigan (the Property) has requested in writing that the City of Lansing
establish an Obsolete Property Rehabilitation District (the District) as enabled by Public Act
146 of 2000, the Obsolete Property Rehabilitation Act (the Act), and
WHEREAS, the owner is Tom Arnold, hereinafter called the Developer, and
WHEREAS, the Developer is the legal owner of greater than fifty percent (50%) of all
taxable value of the property located within the proposed District, and
WHEREAS, the Developer has, in writing, requested the District for the Property and for
the City of Lansing to take all necessary steps and actions to establish the District on their
behalf, and
WHEREAS, the property in question and the proposed boundary of the District is legally
described as: E 198 Ft Lot 6, Also N 27 FT of E 110 FT 10 In Lot 7 Block 195 Orig Plat;
and,
WHEREAS, the Act requires that before establishing the District the Lansing City Council
hold a public hearing in order to provide an opportunity for owners, residents or other
taxpayers of the City of Lansing to appear and be heard regarding the establishment of the
District and that said public hearing was held on 1/11/2010;
NOW THEREFORE BE IT RESOLVED that the following property is hereby approved and
established as an Obsolete Property Rehabilitation District as provided by Public Act 146 of
2000 legally described as: E 198 Ft Lot 6, Also N 27 FT of E 110 FT 10 In Lot 7 Block 195
Orig Plat, and
BE IT FINALLY RESOLVED that this resolution shall not be construed as the City
Council's approval of any future application for an Obsolete Properties
Rehabilitation Exemption Certificate for the Developer or any other applicant.
1- C
DRAB BY THE COMMITTEE ON DEVELOPMENT AND PLANNING
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
Obsolete Property Rehabilitation Tax Exemption Certificate Approval, 1118 South Washington
WHEREAS, pursuant to the Michigan Obsolete Property Rehabilitation Act, being
Public Act 146 of 2000 (PA 146 of 2000), Tom Arnold has filed an application for an Obsolete
Property Rehabilitation Exemption Certificate (OPT Certificate) with the Lansing City Clerk, for a
proposed obsolete facility at 1118 South Washington, Lansing, Michigan (Obsolete Property); and
WHEREAS, Tom Arnold (the Developer) owns the proposed Obsolete Property; and
WHEREAS, the proposed Obsolete Property is located within an Obsolete Property
Rehabilitation District legally established by resolution adopted resolution approval date, after a
public hearing was held, as provided by section 3 of PA 146 of 2000; and
WHEREAS, a public hearing was held on 1/11/2010 on the Developer's application
for an OPT Certificate, after proper notice was made, pursuant to section 4(2) of PA 146 of 2000;
and
WHEREAS, the Developer has represented and committed to the City to undertake,
and complete not later than project completion date, the rehabilitation, renovation, and
reconstruction of the Obsolete Property into enter project description use throughout the structure;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council hereby
approves of the issuance of an Obsolete Property Rehabilitation Exemption Certificate to Tom
Arnold, for the Obsolete Property located at 1118 South Washington, Lansing, Michigan, legally
described as:
E 198 Ft Lot 6, Also N 27 FT of E 110 FT 10 In Lot 7 Block 195
Orig Plat
for the period of 12 consecutive years.
BE IT FURTHER RESOLVED that the Lansing City Council, in approving the Developer's
application by this resolution, finds and determines all of the following;
1. The taxable value of the property proposed to be exempt plus the aggregate taxable value of
the property already exempt under PA 146 of 2000 and under Public Act 198 of 1974
(IFT's) does exceed five percent (5%) of the total taxable value of the City of Lansing
2. The applicant is not delinquent in any taxes related to the facility.
3. All of the items described on line 9 of the Application for Obsolete Property Rehabilitation
Exemption Certificate have been provided to the City of Lansing by the applicant.
4. The application is for obsolete property as defined in section 2(h) of PA 146 of 2000.
5. The commencement of rehabilitation activities of the facility did not occur prior to the
establishment of the Obsolete Properties Rehabilitation District.
6. The application relates to the rehabilitation program for the building located at 1118 South
Washington., Lansing, Michigan and, when completed, will constitute a rehabilitated facility
within the meaning of PA 146 of 2000 and the facility is situated within the Obsolete
Property Rehabilitation District established by the City of Lansing, which is a Qualified
Local Governmental Unit eligible under PA 146 of 2000 to establish such a district.
7. The completion of the rehabilitated facility is calculated to, and will at the time of issuance
of the certificate, have the reasonable likelihood to, increase commercial activity, create
some employment, and revitalize an urban area.
8. The rehabilitation includes improvements aggregating ten percent (10%) or more of the true
cash value of the property at the commencement of the rehabilitation as provided by section
2(L) of PA 146 of 2000.
9. The rehabilitation must be completed not later than project completion date as evidence by
the issuance of a Certificate of Occupancy from the City of Lansing Building Safety Office.
BE IT FINALLY RESOLVED that the City Clerk shall cause the Application for Obsolete
Property Rehabilitation Certificate to be completed, including the "Clerk Certification" and shall
file the completed application, together with a certified copy of this resolution with the State Tax
Commission.
AFT Approved for placement on the City Council Agenda
City Attorney
Date
C6 2 4,
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Southside Community Coalition has requested a resolution of
recognition as a Local Nonprofit Organization operating in the City of Lansing for
the purpose of obtaining a Millionaire Party license pursuant to MCL 432.103 (9);
and
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit
Organization;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,
recognizes the Southside Community Coalition as a Local Nonprofit Organization
operating in the City of Lansing for the purpose of obtaining a Millionaire Party
license.
BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy of
this resolution to the Southside Community Coalition, 2101 West Holmes Road,
Lansing, MI 48910.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Mid Michigan Softball Advisory Board has requested a resolution of
recognition as a Local Nonprofit Organization operating in the City of Lansing for
the purpose of obtaining a charitable gaming license pursuant to MCL 432.103
(9); and
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit
Organization;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,
recognizes the Mid Michigan Softball Advisory Board as a Local Nonprofit
Organization operating in the 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 of
this resolution to the Bob Every, Mid Michigan Softball Advisory Board, 724 North
Francis Avenue Lansing, Michigan 48912.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Sexton Football Boosters Club, Inc. has requested a resolution of
recognition as a Local Nonprofit Organization operating in the City of Lansing for
the purpose of obtaining a charitable gaming license pursuant to MCL 432.103
(9); and
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit
Organization;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,
recognizes the Sexton Football Boosters Club, Inc. as a Local Nonprofit
Organization operating in the 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 of
this resolution to Kevin Volker, President, Sexton Football Boosters Club, Inc. of
102 McPherson Avenue Lansing, Michigan 48915.
8 LI
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor
Control Commission received a request from Captiva Entertainment, Inc. to
Transfer Ownership of 2009 Class C Licensed Business with Dance-
Entertainment Permit, located at 227-229-231 S. Washington, Lansing, MI
48933, Ingham County, from The Firm Food and Spirits LLC to Captiva
Entertainment, Inc. (Step 2); and
WHEREAS, the Committee on General Services met on February 1, 2010 to
review the request with affirmative action taken;
NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,
approves the request from Captiva Entertainment, Inc. to Transfer Ownership of
2009 Class C Licensed Business with Dance-Entertainment Permit, located at
227-229-231 S. Washington, Lansing, MI 48933, Ingham County, from The Firm
Food and Spirits LLC to Captiva Entertainment, Inc. (Step 2);
BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan
Liquor Control Commission of the action taken.
Bet
BY COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Lansing Neighborhood Council has requested $1,000.00 to defray
costs associated with the Bea Christy Award Dinner to be held on Friday,
February 19, 2010; and
WHEREAS, the Committee on General Services met on Monday, February 1,
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 Lansing
Neighborhood Council to defray costs associated with the Bea Christy Award
Dinner to be held on Friday, February 19, 2010;
BE IT FURTHER RESOLVED that the Mayor and the Finance Department shall
process this request by charging $1,000.00 to the Council Community Promotion
Account - 101.112101.741289.0;
BE IT FINALLY RESOLVED that the Lansing Neighborhood Council shall submit
a written analysis of the event, including information regarding the number of
attendees, a detailed account as to contributors, funds received, expended, and
residual funds to the Lansing City Council within 60 days after the event.
BY COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Randy Walling sought to eliminate special assessment of $1,111.04 for
trash and debris and all associated penalties and interest on the property tax bill of 552
Isbell Street, Lansing, Michigan; and
WHEREAS, the Committee on General Services met on Monday, February 1, 2010 to
review the claim;
NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claim
filed by Randy Walling of $1,111.04 for special assessment on trash and debris and all
associated penalties and interest on the property tax bill of 552 Isbell Street, Lansing,
Michigan;
BE IT FURTHER RESOLVED that no further action is required by the City Attorney for
processing this claim.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, David Pizana sought to eliminate special assessment of $506.20 for trash
and debris and all associated penalties and interest on the property tax bill of 217 E.
South Street, Lansing, Michigan; and
WHEREAS, the Committee on General Services met on Monday, February 1, 2010 to
review the claim;
NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claim
filed by David Pizana of $506.20 for special assessment on trash and debris and all
associated penalties and interest on the property tax bill of 217 E. South Street,
Lansing, Michigan;
BE IT FURTHER RESOLVED that no further action is required by the City Attorney for
processing this claim.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, Donna Brockwell sought to eliminate special assessment of $361.00 for
trash and debris and all associated penalties and interest on the property tax bill of 500
S. Magnolia, Lansing, Michigan; and
WHEREAS, the Committee on General Services met on Monday, February 1, 2010 to
review the claim;
NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claim
filed by Donna Brockwell on special assessment of $361.00 on trash and debris on the
property tax bill of 500 S. Magnolia, Lansing, Michigan and offers a settlement of fifty
percent of the administrative fee being $132.50, amount remaining $228.50;
BE IT FURTHER RESOLVED that the City Attorney shall take the appropriate steps to
process this claim.
3
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office conducted a study of the roadway
conditions to determine traffic control requirements at the intersection of Hyland Street
and Westmoreland Avenue;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
recommends the installation of stop signs on Westmoreland Avenue at the intersection
of Hyland Street;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of
quorum, is forwarding a positive, but unofficial, recommendation concurring with the
Transportation and Parking Office to install stop signs on Westmoreland Avenue at the
intersection of Hyland Street;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Traffic Board;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 09-065, thereby authorizing the Transportation Engineer to install
stop signs on Westmoreland Avenue at the intersection of Hyland Street;
BE IT FINALLY RESOLVED that Traffic Control Order No. 09-065 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate signs are installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-065
FILE: Hyland Street and Westmoreland Avenue
In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions
on Hyland Street and Westmoreland Avenue has been made; and as a result of said investigation,
it is hereby directed that:
All northbound and southbound traffic on WESTMORELAND AVENUE shall be required to
stop prior to entering the intersection at HYLAND STREET.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
636
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office conducted a study of the roadway
conditions to determine traffic control requirements at the intersection of Gary Avenue
and Randolph Street;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
recommends the installation of a stop sign on Randolph Street at the intersection of
Gary Avenue;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of
quorum, is forwarding a positive, but unofficial, recommendation concurring with the
Transportation and Parking Office to install a stop sign on Randolph Street at the
intersection of Gary Avenue;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Traffic Board;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 09-066, thereby authorizing the Transportation Engineer to install a
stop sign on Randolph Street at the intersection of Gary Avenue;
BE IT FINALLY RESOLVED that Traffic Control Order No. 09-066 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-066
FILE: Gary Avenue and Randolph Street
In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions
on Gary Avenue and Randolph Street has been made; and as a result of said investigation, it is
hereby directed that:
All eastbound traffic on RANDOLPH STREET shall be required to stop prior to entering the
intersection at GARY AVENUE.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
XIS
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office conducted a study of the roadway
conditions to determine traffic control requirements at the intersection of Continental
Drive and Malibu Drive;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
recommends the installation of a stop sign on Continental Drive at the intersection of
Malibu Drive;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of
quorum, is forwarding a positive, but unofficial, recommendation concurring with the
Transportation and Parking Office to install a stop sign on Continental Drive at the
intersection of Malibu Drive;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Traffic Board;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 09-067, thereby authorizing the Transportation Engineer to install a
stop sign on Continental Drive at the intersection of Malibu Drive;
BE IT FINALLY RESOLVED that Traffic Control Order No. 09-067 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-067
FILE: Continental Drive and Malibu Drive
In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions
on Continental Drive and Malibu Drive has been made; and as a result of said investigation, it is
hereby directed that:
All northound traffic on CONTINENTAL DRIVE shall be required to stop prior to entering the
intersection at MALIBU DRIVE.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
6 34
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office conducted a study of the roadway
conditions to determine traffic control requirements at the intersection of Belaire Drive
and Lewton Place;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
recommends the installation of a stop sign on Belaire Drive at the intersection of Lewton
Place;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of
quorum, is forwarding a positive, but unofficial, recommendation concurring with the
Transportation and Parking Office to install a stop sign on Belaire Drive at the
intersection of Lewton Place;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Traffic Board;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 09-068, thereby authorizing the Transportation Engineer to install a
stop sign on Belaire Drive at the intersection of Lewton Place;
BE IT FINALLY RESOLVED that Traffic Control Order No. 09-068 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-068
FILE: Belaire Drive and Lewton Place
In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions
on Belaire Drive and Lewton Place has been made; and as a result of said investigation, it is
hereby directed that:
All westound traffic on BELAIRE DRIVE shall be required to stop prior to entering the
intersection at LEWTON PLACE.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEWED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office conducted a study of the roadway
conditions to determine traffic control requirements at the intersection of Biltmore Street
and Greenoak Avenue;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
recommends the installation of a stop sign on Biltmore Street at the intersection of
Greenoak Avenue;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
is forwarding an unofficial to install a stop sign on Biltmore Street at the intersection of
Greenoak Avenue;
WHEREAS, the Mayor concurs with the recommendation of the Transportation and
Parking Office;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Transportation and Parking Office;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 09-069, thereby authorizing the Transportation Engineer to install a
stop sign on Biltmore Street at the intersection of Greenoak Avenue;
BE IT FINALLY RESOLVED that Traffic Control Order No. 09-069 shall become
effective when signed by the Transportation Engineer and filed with the City Clerk and
the appropriate sign is installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-069
FILE: Biltmore Street and Greenoak Avenue
In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions
on Biltmore Street and Greenoak Avenue has been made; and as a result of said investigation, it
is hereby directed that:
All westound traffic on BILTMORE STREET shall be required to stop prior to entering the
intersection at GREENOAK AVENUE.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
BY THE COMMITTEE ON WAYS AND MEANS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Mayor made the appointment of Tricia Spain of 1225
Woodbine Avenue, Lansing, Michigan to the At Large position on the
Board of Review for a term to expire June 30, 2010.
WHEREAS, the Committee Committee on Ways and Means met on
January 25, 2010 and took affirmative action;
NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council,
hereby, confirms appointment of Tricia Spain of 1225 Woodbine Avenue,
Lansing, Michigan to the At Large position on the Board of Review for a
term to expire June 30, 2010.
DRAFT
e
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the City must annually file a deficit reduction plan with the State for any City fund
ending a fiscal year with a deficit;
WHEREAS, failure to have the plan accepted by the State results in withholding of City State
Revenue Sharing payments and the denial of our Debt Qualification Statement needed for State
approval for bonding for the City, Board of Water and Light, Tax Increment Financing
Authority, Brownfield Authority, and Building Authority;
WHEREAS, the Golf fund had a deficit of $55,382 for the 2009 fiscal year;
WHEREAS, the City has received a letter from the State requiring action to eliminate the deficit no
later than February 4, 2010;
NOW, THEREFORE, BE IT RESOLVED that the following FY 2009/2010 budget amendment
be approved:
General Fnnd F.xnenditnres•
Parks Operating $(55,382)
General Fund Transfer to the Golf Fund 55,382
Golf Fund Revenues:
Transfer from the General Fund 55,382
Golf Fund Retained Earnings 55,382
Approved for placement on the City Council agenda:
Brigham Smith, City Attorney
Date:
DRAFt
DRAFT
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the City of Lansing and the Teamsters Local 580 Supervisory Unit
have negotiated a labor agreement for the period covering February 1, 2007
through January 31, 2012; and
WHEREAS, the Teamsters Local 580 Supervisory Unit 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 the
City 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 Teamsters Local 580
Supervisory Unit for the period covering February 1, 2007 through January 31,
2012; and
BE IT FURTHER RESOLVED, that the Lansing City Council authorizes the
Administration to process the necessary appropriations and transfers to the
appropriate salary and fringe benefit accounts to fund this agreement.
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the City of Lansing and the Teamsters Local 580 Clerical, Technical,
Professional Unit have negotiated a labor agreement for the period covering
February 1, 2007 through January 31, 2012; and
WHEREAS, the Teamsters Local 580 Clerical, Technical, Professional Unit
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 the
City 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 Teamsters Local 580
Clerical, Technical, Professional Unit for the period February 1, 2007 through
January 31, 2012; and
BE IT FURTHER RESOLVED, that the Lansing City Council authorizes the
Administration to process the necessary appropriations and transfers to the
appropriate salary and fringe benefit accounts to fund this agreement.
'6 i
INTRODUCTION OF ORDINANCE
AMEND CHAPTER 1284, SECTION 3
Council Member Jeffries, Chair of the Committee on Development and Planning
introduced:
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
The Ordinance is referred to the Committee on Development and Planning
RESOLUTION SETTING PUBLIC HEARING
By Council Member Jeffries
RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set
for Monday, March 8, 2010 at 7:00 p.m. in the City Council Chambers, 10th Floor
Lansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering an
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.
Interested Persons are invited to attend this Public Hearing
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 we 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 J
22 Parking District.
1
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DRAFT #l(REVISED)
NOVEMBER 25, 2009
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 two 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.
2
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DRAFT #1(REVISED)
NOVEMBER 25, 2009
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.
6 Approved as to fonn:
7
8
9 City Attorney
10 Dated:
11
12
13
14
15
3
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ITT- jr , '
Chris Swope
Lansing City Clerk
February 5, 2010
City Council President and Members of the Lansing City Council
10th Floor City Hall
Lansing, MI 48933
Dear President and Members of Council:
On January 29, 2010, I have received and placed on file the City of Lansing's General
Fund Status Report for Fiscal Year 2010 Zd Quarter. I have attached a copy of this
document for your convenience.
Sincerely,
Chris Swope, CMC
Lansing City Clerk
Lansing City Clerk's Office
Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAX
www.lansingmi.gov/clerk • clerk@lansingmi.gov
General Fund Status Report - FY 2010 2nd Quarter
Please see accompanying summary detail (page 3)
Revenues
In total, operating revenues collected in the first quarter of Fiscal Year 2010 (July - December)
were lower than the average of the past three years' first quarter collection rates, both in total and as
a percentage of year-end amounts (48.9% compared to 51.0%). As noted in the FY 2010 deficit
elimination plan, revenue shortfalls are projected for they year.
• The vast majority of Property Taxes are collected in the first month of the fiscal year. At
the end of the first quarter this year, they were lower, as a percentage of budget, compared to
the average of the past three year's first quarter collection rates, at 92.3% compared to
97.4%, due to adjustments from bankruptcies and foreclosures. Between now and the end of
the year, there will be receipts of delinquent taxes and Michigan Tax Tribunal adjustments
as well as 425 agreement receipts, so the first quarter figure is not the final revenue number
for the year.
• As a percentage of budget, Income Tax collections were significantly lower than the
average collection rate for the past three years, at 28.6% of budget, compared to 34.7%, a
further decline from the first quarter due to a decreased receipts in November. The reason
for the November decline is being evaluated as to whether it was due to a timing issue, or if
it is to be sustained.
• State-Shared Revenues are projected to be $2 million less than anticipated in the FY 2010
budget, due to cuts by the State legislature. In addition to the State appropriation cuts,
revenue sharing is susceptible to fluctuations in State income tax receipts.
• Charges for Services were higher as a percentage of year-end totals for the average of the
same period for the last three years, at 40.6% of budget, compared to 35.1%, which is
largely due to increased Code Compliance and Fire Ambulance revenues.
• In total, Licenses and Permits revenues were slightly lower than the average collection rate
of the same period for the last tluee years as a percentage of year-end totals, at 23.0% of
budget, compared to 26.3%.
• Collection rates for Fines and Forfeiture were somewhat less as a percentage of year-end
totals for the average of the last three years, at 38.8% of the budget compared to 43.5%.
• Interest revenue is posted as investments mature, the timing of which varies from year-to-
year. Based on drastically lower interest rates, interest earnings are expected to be
significantly lower than was anticipated when this year's budget was put together.
General Fund revenues continued to be momtored closely, and fiuther measures to address any
changes from the amounts projected in the pending deficit elzn.. is ion-flan-WtItbeb ought forward
if necessary.
co .9 d 6Z tip
o.3, 01I o ::'
Page 1 of 3
Expenditures
In total, taking into account the vacancy factor, expenditures for General Fund operating
departments (excluding debt service and transfers to other funds) were close to the budget target --
at 48.8% as of December 30, compared'to a budgetary target of 49.0%.
For the most part, measures from the pending deficit elimination plan to reduce expenditures, most
notably nine City office closure dates which began December 28 and changes in Police and Fire
operations, are not reflected in the December 31 figures due to the timing of the affected payrolls.
Measures from the pending deficit elimination plan are expected to meet the $3 million shortfall
that was projected at the time the deficit elimination plan was submitted to Council. Based on the
most recent two months, there is concern that General Fund revenues may continue to deteriorate,
and that further plans may be needed.
Page 2 of 3
General Fund Status Report - FY 2010 December 31, 2009
Avg. Percent
of Year-End
Actuals as of
Revenues Annual Actual Percent December 30
Budget as of 12/31/09 of Budget FY 2007 - 2009
Property Taxes $ 41,269,556 $ 38,110, 645 92.3% 97.4%
Income Taxes 30,300,000 8,673,193 28.6% 34.7%
Revenue Sharing 17,640,993 3,112,405 17.6% 24.4%
Licenses & Permits 1,598,500 368,154 23.0% 26.3%
Charges for Services 9,031,622 3,669,361 40.6% 35.1%
Fines & Forfeitures 3,397,050 1,318,225 38.8% 43.5%
Interest & Rent 928,900 76,194 8.2% 41.8%
Return on Equity 11,850,000 0.0% 1.8%
Other Revenue 1,191,779 561,348 47.1% 34.6%
(1)
Total Revenues $ 117,208,400 $ 55,889,526 47.7% 51.0%
Proposed Budget Amendment (3,000,000)
114,208,400 48.9% 51.0%
Expenditures Annual Actual Percent
Budget as of 12/31/09 of Budget (2)
Council $ 624,274 $ 282,578 45.3%
City TV 195,805 90,716 46.3%
Internal Audit 150,720 69,983 46.4%
Courts 5,356,780 2,411,478 45.0%
Mayor's Office 725,144 337,925 46.6%
Clerk's Office 899,377 468,102 52.0%
Planning & Neighborhood Development 3,651,370 1,819,881 49.8%
Finance 10,483, 840 4,956,725 47.3%
Human Resources 1,816,320 659,091 36.3%
Attorney's Office 1,351,000 655,703 48.5%
Vacancy Factor (1,000,000) 0.0%
Police 34,247, 047 17,032,376 49.7%
Fire 30,050,300 14,211,566 47.3%
Public Service 6,092,090 3,439,689 56.5%
Human Relations & Community Service 667,910 284,442 42.6%
Parks & Recreation 8,790,130 4,059,660 46.2%
Human Services & City Supported Agencies 1,740,650 827,846 47.6%
$ 105,842,757 $ 51, 607,762 48.8% (2)
Library Lease $ 160,000 $ 72,580 45.4%
Debt Service 3,947,450 3,003,401 76.1%
Transfers 7,258,193 6,554,674 90.3%
(1)
$ 117,208,400 $ 61,238,418 52.2%
Please see Pages 1 and 2 for an explanation of revenues and expenditures.
(1)Note: Year-to-date revenue is always greater than expenditures at this time of year , as property taxes,
accounting for 35% of General Fund revenues, are collected at the beginning of the year. Property taxes
include delinquent amouts that will be reimbursement by the counties upon settlement.
(2)Due to the timing of payrolls, the December 31 budgetary target is 49.0%.
Page 3 of 3
_ql
Chris Swope
Lansing City Clerk
February 5, 2010
President Robinson and Members of the Lansing City Council
10th Floor City Hall
Lansing, MI 48933
Dear President Robinson and Councilmembers:
The Minutes from the Meetings of the following Boards and Authorities of the City of
Lansing were placed on file in the City Clerk's Office and are attached for your information
and review.
BOARD NAME DATE OF MEETING
Board of Water and Light Board of Commissioners December 1, 2009
If I, or my staff, can provide further assistance or information relative to the filing of these
minutes, please contact us at 483-4131.
Sincerely,
Chris Swope, Lansing City Clerk
Lansing City Clerk's Office
Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
www.lansingmi.gov/clerk ❑ clerk@lansingmi.gov
MINUTES OF THE BOARD OF COMMISSIONERS' RESCHEDULED MEETING;
LANSING BOARD OF WATER AND LIGHT
Tuesday, December 1, 2009
c .a
The Board of Commissioners met in the Boardroom of the Administrative Offi es
1232 Haco Drive, Lansing, Michigan. c
Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer,
Frank Lain, Dennis Louney, Marilyn Plummer and Sandra Zerkle.
Absent: Tracy Thomas
Chairperson Zerkle called the meeting to order at 5:30 p.m.
The Corporate Secretary declared a quorum present.
Commissioner Louney lead the Pledge of Allegiance.
Motion by Commissioner Lain, seconded by Commissioner Kramer to
amend the Agenda to included a late item Committee Report from today's
Finance Committee Meeting.
Action: Carried unanimously.
APPROVAL OF MINUTES
Motion by Commissioner Plummer, seconded by Commissioner Bossenbery to approve the
minutes of the Regular Board Meeting of September 22, 2009.
Action: Carried unanimously.
PUBLIC COMMENTS
MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA
SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY
DO SO IMMEDIATELY PRIOR TO ADJOURNMENT.
There were no public comments.
COMMUNICATIONS
a. Thank you note from Beverly Bishop
Regular Board Mtg.
December 1, 2009
Page 2 of 49
Received and Placed on File
COMMITTEE REPORTS
BOARD OF WATER & LIGHT
COMMITTEE OF THE WHOLE
October 6, 2009
The Committee of the Whole of the Lansing Board of Water and Light met at the
Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, October 6, 2009.
Committee of the Whole Chair Frank Lain called the Committee of the Whole
meeting to order and asked the Corporate Secretary to call the roll. The
following members were present: Commissioners Margaret Bossenbery, Tony
DeLuca, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and
Sandra Zerkle (arrived at 5:36 p.m.).
Absent: None.
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner DeLuca, seconded by Commissioner Bossenbery to
approve the Committee of the Whole meeting minutes of September 8, 2009.
Action: Carried unanimously.
Safety Equipment FashionShow
General Manager J. Peter Lark stated that at the BWL, safety is taken very
seriously and thought it would be nice to share some of the items that are used
for employee's safety. Mr. Lark stated that this was the idea of Administrative
Assistant Sue Ramsey and that Secretary Rosemary Sullivan assisted her.
Larry Shields of Electric Delivery Services was the moderator the BWL Safety
Fashion Show. The models for the Fashion Show included: Dan Barnes, Ritch
Lewis, Marilyn Montgomery, Juan Ortiz, Teresa Revilla, Carol Scott and Linda
Taylor.
New Source Review)
General Manager J. Peter Lark presented information regarding the New Source
Review (NSR). The NSR is a program that is part of the Clean Air Act
Amendments and is enforced by the United States Environmental Protection
Agency (EPA). Mr. Lark stated that when there are new plans for major
modifications to old utility plants there are certain standards that have to be met
emissions wise. The Board of Water & Light's (BWL) older utility plants are
grandfathered in because they predate the EPA NSR and only routine
maintenance is undertaken at those plants. In thel 980's the EPA started looking
Regular Board Mtg.
December 1, 2009
Page 3 of 49
closer at older plants to determine if any modifications were routine or not. Mr.
Lark stated that the EPA began their reviews with the larger companies like
Detroit Edison and Consumers and there have been actions sanctioned by the
EPA against Detroit Edison. The NSR just completed their work with Consumer
Energy that they started about nine years ago and now that they are done with
the larger companies, they are starting with the municipal utilities.
Mr. Lark stated that the BWL has received a Section 114 Letter from the EPA
which means that information has to be turned over to them as to what has been
going on with the utility plants over the time period they are looking at. The BWL
has turned over 17 boxes of information.
George Stojic, Director of Strategic Planning & Development stated that there is
a lot of confusion out there as to what amounts to maintenance and repair. This
process takes an enormous amount of time and he does not expect to hear
anything back for a long time. He stated that over the last 25 years EPA's
investigation pursuit depends upon who is in Washington and with the Obama
Administration it is pretty vigorous.
Mr. Lark gave some examples of possible actions the EPA could take and said
the BWL is preparing for situations that may come up
Vice Chair Lain stated that the NSR is nothing new and the EPA may or may not
find something but Mr. Lark thought it advisable to present the Board with worse
case scenarios. He stated that this is a very important matter but there is not a
problem right now.
Shut-Off Rules
General Manager Lark introduced Bob Perialas, Manager of Customer Service
who provided an update on the Board of Water & Light's Winter Shut Off
Protection Rules. Printed below is the PowerPoint presentation that was
reviewed by Mr. Perialas and included in the Committee of the Whole packet.
Customer Service Update
Winter Shut Off Protection Rules
Bob Perialas
Manager, Customer Service
October 6, 2009
Michigan Municipal Electric
Association Shut Off Rules
•MMEAhas developed Shut Off Rules
-MMEA created a Shut-Off Protection Workgroup, chaired by J. Peter Lark, to
develop rules to protect "At Risk" Customers.
- New rules effective Nov 1, 2009
- MMEA Rules mirrors proposed legislation
Regular Board Mtg.
December 1, 2009
Page 4 of 49
•Reason for new rules: 93-year-old man in Bay City died as a result of an electric
shut off/use of an electric meter limiter last winter.
•BWL billing programming would not have allowed the shut off to occur on our
system if he was flagged as a senior.
Rules Summarized
'Implementing safeguards to protect "at risk" customers from electric shut offs
-Seniors (3,500 currently flagged)
-Certified Medical Conditions
-Military Families
-Low Income Families
'Increase Winter Protection Season
-November 1 - March 31 (added November)
"Prohibit use of Electric Limiters
-BWL currently complies
'Ensuring notices contain important information prior to shut off
-BWL currently complies
•Ensure we pass on information to prevent shut offs, such as the number to 2-1-1
-BWL currently complies
•Detailing, when shut offs do occur, the steps to restore power
-New Door Hangers have been developed
'Permit low-income customers to set up a payment plan to prevent shut off
-We currently make payment arrangements for all of our customers. Low income
specifics are being developed.
'Provide shut off protection for customers with certified medical conditions
-BWL currently complies
'Make efforts to allow senior citizens to identify themselves
-Notices will be printed on the bill, website enrollment, article in November
Connections.
'Attempt to contact known seniors after a shut off does occur
-Phone calls will be placed
-Personal visits will also be available
"Allow customers to name a third party to receive bills and notices in addition to
themselves
-BWL currently complies: Our customers can name up to 7 additional people and
addresses.
Mr. Perialas stated that next months edition of "Connections" contains
information regarding Winter Shut Off Protection. The Board of Commissioner
were provided a "Notice of Service Interruption" Door Hanger that will be
distributed to customer that are being shut off for non-pay. This Door Hanger
provides contact information to the customers as well as the requirements for
restoration; The Door Hanger also informs customers of the availability the 2-1-1
system.
Regular Board Mtg.
December 1, 2009
Page 5 of 49
BWL's 125th Anniversary
Mr. Lark spoke about the 125th Anniversary of the Board of Water & Light (BWL).
The BWL has formed a committee to organize the celebration of the 125
Anniversary and it is chaired by Mark Nixon, Director of Communications.
Mr. Nixon displayed for the Board of Commissioners a copy of the new edition of
the "Pipeline". He reviewed some of the history of the Board of Water & Light
and stated that the BWL was here twenty-five years after the City was
incorporated and that was very special.
Mr. Nixon stated that the Committee really would like for the celebration to be
special. He said that General Manager Lark re-instated the BWL picnic and in
2010 there are plans to invite the retirees as part of the celebration. Some of the
other ideas that the Committee has come up with to celebrate the 125th
Anniversary include: an open house in the Board Room, a contest to select a
BWL flavored ice cream, show customers the new holiday video, opportunity for
Mr. Lark to make a few remarks and to meet customers. Other ideas include
starting an Employee of the Year award with the first being announced at the
2010 Holiday party and to have Silver Bells themed with the 125 year
Anniversary.
The 125th Anniversary Committee includes the following members: Beverly
Bishop, Bill Maier, Chris Thompson, Gennie Eva, Honey Bentley, Jeff Schwarz,
Jerry Mills, John Rossi, Juan Ortiz, Justin Bowman, Leslie Grannell, Linda
Voorhees, Lori Pung, Orlando Smith, Randy Sinko, Rebecca Rostar, Roger
Adsit, Rosemary Sullivan, Shellie Starkey, Sherry Markey, Steve Smith, Sue
Warren, Tansay Carter, Tracy Tolbert, Wendy Sorek.
2010 Proposed Board Meeting Schedule
Motion by Commissioner DeLuca , seconded by Commissioner Zerkle to forward
proposed 2010 Board Meeting Schedule to the Board for approval.
Action: Carried unanimously.
Other
General Manager Lark stated that he has been working with a lobbyist from
Washington, D.C. trying to acquire stimulus funds from the Federal Government.
He said there are a couple of things in the works and one of the things that they
have worked on is a request for hybrid vehicle money and charging stations. He
said this request looks very positive and the BWL may be receiving $750,000 for
hybrid vehicles and charging stations. Mr. Lark stated that there is nothing in the
way of this happening except President Obama's signature.
General Manager Lark introduced and congratulated Susan Devon who was
promoted to the Assistant General Manager, M. Denise Griffin who was
promoted to Corporate Secretary and Bruce Cook who was promoted to Director
Regular Board Mtg.
December 1, 2009
Page 6 of 49
of Safety. He invited the Commissioners to a reception to celebrate their
promotions at 4:00 p.m. tomorrow.
With there being no further business the meeting. adjourned at 6:40 p.m.
Respectfully submitted
Frank Lain, Chair
Committee of the Whole
FINANCE COMMITTEE
November 10, 2009
The Finance Committee of the Lansing Board of Water and Light met at the
Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, November
10, 2009.
Finance Committee Chairperson Peter Kramer called the meeting to order and
asked the Corporate Secretary to call the roll.
Present: Commissioners Peter Kramer, Frank Lain and Dennis Louney. Other
Board Members present include: Commissioners DeLuca and Zerkle.
Absent: Commissioner Margaret Bossenbery
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Louney, seconded by Commissioner Lain to approve
the Finance Committee meeting minutes of September 8, 2009.
Action: Carried unanimously.
Quarterly Financial Update and Rate Recommendations
General Manager J. Peter Lark stated that this is a quarterly Financial Update
Report with a Rate Increase recommendation attached to it.
General Manager Lark stated that basically the quarterly financial update reveals
that our sales are significantly less than what we expected them to be. As a
result of that we are now projecting that our net income will be a negative $13
million for 2010.
General Manager Lark reviewed the financial documents included in the packet.
(Attachment on file in the Office of the Corporate Secretary) He said the first
quarter was not as stellar as he hoped it would be and that is usually our big
money making quarter. He stated that we have to make up a lot of ground and
Regular Board Mtg.
December 1, 2009
Page 7 of 49
noted that the difference between Consumers Energy's rates and the Board of
Water & Light's rates are significant (27-31 % higher than ours).
General Manager Lark stated that we have a continually shortfall of revenue that
we need to address. Over time rates need to generate the Commission
approved 6.18% return on assets in order to meet our current and future financial
requirements. Also another contributor to the shortfall is that the Board of Water
& Light is putting $15 million into the VEBA and DB Plan whereas in prior years
we put in less and that was due to the stock market plunge.
General Manager Lark said that we need raise rates by at least 5.6% strictly to
recover the funds needed to pay for the governors and the legislator's mandated
Renewable Energy Program (REP) and Energy Optimization (EO) programs.
This does not help our own financial condition in any way and all that money will
have to be earmarked and used for renewables which we are doing now with
energy optimization.
General Manager Lark said that he is hoping to take care of the electric short fall
with additional sales next year and by raising the service charge. He said that
raising the service charge puts the Board of Water & Light more in the
mainstream of what utilities are doing as far as utility charges go. The other area
where rates would be raised is water. He said that the Administration is asking
today is that the Board of Commissioners allows a notice for a Public Hearing to
be published.
Commissioner Kramer questioned where the Board sees the 2010 Fiscal Year
going. In response Sue Devon, Assistant General Manager and CFO, stated
they are looking overall at negative return on investment of about 2.59%.
Mrs. Devon said that the 6.18% was based on how much money we need to set
aside to fund all of our future operations. That number is still good. The problem
is that we are so far behind on our rates that we would need a very significant
increase in our raise in order to reach that required 6.18% all in one year. A more
gradual approach, meaning a little bit of an increase each year, is recommended.
Commissioner Kramer stated that he is trying to understand what the
Commissioners most responsible business solution to implement would be with
both the economy and constituents in mind at the same time. Commissioner
Kramer stated that he does not feel that the proposed percentage is where this
needs to be and that we would just break even because of the requirements that
the governor has placed on us and that the Board of Water & Light is not
supporting the basis or foundation of the utility for the future and that concerns
him.
Commissioner Lain questioned if there was a water charge and if anyone had
thought about if it would be worthwhile adjusting those cost. In response Mrs.
Devon responded that the resident water charge is $7.71.
Regular Board Mtg.
December 1, 2009
Page 8 of 49
Commissioner Zerkle stated her concerns for people who are struggling
financially. She said that she would prefer to use the word usage instead of
Service increase.
Commissioner Kramer asked if there were any Commissioners that have any
thoughts on having the resolution being any different than what management
presented. He questioned if there were any thoughts of having more of an
increase than what management has brought forward. He stated that he
believes that there is another percent here that the public could handle.
Commissioner Kramer said that he is thinking of two or three years down the
road when we look back at this time right now we are sitting here trying to deal
with things that happened three to five years ago when the Board did not raise
rates the way they should have and we are fighting that cost. We all know that in
a few years down the road our rates will be higher than they are today and to not
ask for the increase now just delays the problem and pushes it into the future. He
said this is okay as long as we all have talked about it and we have good reason
for doing it and we say this is the best way to manage the utility.
Commissioner Lain asked if we approve the resolution could we still visit the
service charges? General Manager Lark stated yes. We are not locked into this
resolution.
Commissioner Kramer said the question is what is the most responsible thing the
Board of Commissioners can do for the Board of Water & Light. Right now the
most responsible thing that we see is to support management's
recommendations. He said that there has been good dialogue today but believes
that the Commissioners are undershooting and as a Board are not acting as
responsible as we should fiscally.
Resolution
Public Hearing for 2010 Electric and Water Rate Increases
WHEREAS, the Corporate Financial Target for each of the Lansing Board of
Water and Light's Strategic business units is 6.18% return on net fixed assets
and materials and supplies that would require $18.1 million of electric net income
and $11.8 million of water net income; and
WHEREAS, the Fiscal Year 2010 Electric Utility budget filed with the City of
Lansing, including mandated costs of Renewable Energy and Energy
Optimization Plans in compliance with 2008 PA 295, would result in-electric net
income of $3.2 million or a 1.13% return on net fixed assets and materials and
supplies; and
WHEREAS, first quarter electric retail sales reduction caused by a cooler than
normal summer and reductions in wholesale revenues reflective of the current
economic conditions will negatively affect the Fiscal Year 2010 budgeted net
income beyond that reflected in the original budget projections; and
Regular Board Mtg.
December 1, 2009
Page 9 of 49
WHEREAS, the Fiscal Year 2010 Water Utility budget filed with the City of
Lansing would result in a water utility net loss of $6.4 million or a negative 3.53%
return on net fixed assets and materials and supplies; and
WHEREAS, the current forecast of electric and water net income projection for
Fiscal Year 2010 are losses of $3.8 million and $6.4 million respectively; and
WHEREAS, the Staff proposes implementation of a Renewable Energy Plan
Surcharge to recover the cost of 2008 PA 295 compliance; and
WHEREAS, the Staff proposes implementation of an Energy Optimization
Surcharge to recover the cost of 2008 PA 295 compliance; and
WHEREAS, the Staff recommends that the Basic Service Charges for certain
electric rate schedules be increased; and
WHEREAS, the Staff proposes to increase annual water billings by $2.4 million,
and
WHEREAS, the proposed rate adjustments will not take effect until March 1,
2010.
RESOLVED, the proposed rate adjustments will be subject to further
consideration after a public hearing is held.
FURTHER RESOLVED, that the Board of Commissioners hereby sets the date
of January 21, 2010 at 5:30 PM for a public hearing to solicit public input on the
proposed rate adjustments. The hearing will be held in the Board of Water and
Light offices, 1232 Haco Drive, Lansing. The Corporate Secretary is directed to
file with the City Clerk no later than December 7, 2009 information regarding
proposed rate adjustments with an effective date of March 1, 2010.
On motion by Commissioner Lain, seconded by Commissioner Zerkle to move
the proposed resolution to set a Public Hearing for 2010 Electric and Water Rate
Increase to the full board for consideration.
Action: Carried unanimously
FAS-71 Accounting Authority for Energy Optimization and Renewable Energy Plan
Programs
General Manager Lark stated that request for the Accounting Authority for FAS-
71 Accounting is to record the revenue and expenses associated with the REP
Plan as well as the Energy Optimization Plan.
In order to do this kind of accounting we have to have the approval of the Board
and we have done that several times. It means in instances where you have cost
now but you are picking up the revenue later, it becomes a regulatory asset and
if you have the recovery now and the costs are incurred later it is a regulatory
Regular Board Mtg.
December 1, 2009
Page 10 of 49
liability and that is what we are talking about and it has to do with the REP and
the Energy Optimization Plan.
RESOLUTION
Application of Financial Accounting Standard #71 (FAS #71) to Renewable
Energy Plan and Energy Optimization Revenue and Expense.
WHEREAS, pursuant to Resolution #2003-8-3 the Board of Commission requires
management to receive Board approval before any deferrals under FAS 71; and
WHEREAS, the Renewable Energy Plan Surcharge and the Energy Optimization
Surcharge are proposed to be implemented as electric rate schedules on March
1, 2010; and
WHEREAS, the proposed surcharges allow for Board approved levelized rate
recovery of applicable renewable energy plan expenditures and energy
optimization expenditures, including those expenditures already incurred; and
WHEREAS, as allowed under FAS #71 a regulatory liability account will be set
up for both the renewable energy plan and the energy optimization program; and
WHEREAS, levelized rates for the renewable energy plan and the energy
optimization program will collect customer payments in excess of program costs
in initial years; and
WHEREAS, customer payments in excess of program costs will be recorded as
an increase to the regulatory liability accounts; and
WHEREAS, in later years renewable energy plan and energy optimization
program costs will exceed levelized customer payments; and
WHEREAS, program costs in excess of levelized customer payments will be
offset by amounts withdrawn from the regulatory liability accounts.
RESOLVED, that the Board of Commissioners, as the regulatory body of the
Board of Water and Light, approve, pursuant to the Financial Accounting
Standards (FAS) 71, the appropriate accounting, as described above, for the
renewable energy plan and energy optimization program.
On motion by Commissioner Zerkle, seconded by Commissioner Louney to
move the proposed resolution for an Application of Financial Accounting
Standard #71 (FAS #71) to Renewable Energy Plan and Energy Optimization
Revenue and Expense to the full Board for consideration.
Action: Motion Carried
,QuarterlyCash Repord
Regular Board Mtg.
December 1, 2009
Page 11 of 49
General Manager Lark stated that earlier this Board adopted an Investment
Policy Statement for Operating Cash and according to that resolution
management was to bring forward a quarterly statement according to operating
funds.
Bill Aldrich, Manager of Finance, stated that the cash balance is down slightly
from the beginning of the quarter primarily due to the payment of principal and
interest on our bond indebtedness and that happens every July 1 St. We ended
fiscally on a high note cash wise and then immediately it dropped down
considerably $10 to $12 million. He stated that the cash position has improved
due to Mr. Lark putting the word out that we need to conserve cash and the
Managers and Directors have been doing a good job conserving cash and it
shows. Mr. Aldrich reviewed the attached documents. (Attachment on file in the
Office of the Corporate Secretary)
Quarterly Internal Audit Status Report
Internal Auditor Phil Perkins stated that in his Status Report he would be
covering the Board of Water & Light's first quarter progress, but since we're well
into Quarter Two he will also address where we are right now, and where we
plan to go for the remainder of this fiscal year. He said that he would briefly
describe our ongoing risk assessment efforts that help us with the audit planning,
and some current challenges and how they are being addressed.
Mr. Perkins introduced his assistants Perez Goree and Charles Moore, without
whose efforts many of the accomplishments on the following slides would not
have been possible
Mr. Perkins said that he and his assistants finished three carryover audits from
FY09 plan in the first quarter, along with a brief consulting engagement that Ms.
Devon requested. In this engagement they evaluated management's analysis of
obtaining a lockbox service versus acquiring a new data processing machine for
customer payments processing. The international auditing standards
promulgated by the Institute of Internal Auditors not only allow, but encourage
participation in consulting engagements as time permits and when we believe it
will add value to the organization, as long as we do nothing to impair our
independence. In this case, we made a couple of suggestions to improve the
management-prepared financial analysis, without making a recommendation as
to which option to pursue.
Mr. Perkins said in the first quarter they started a couple of new FY2010 audits
and continued working on several carryover audits from FY2009. Two of these
audits have since been finished and the reports are attached. Included in the
attached packet is a list of lists the remaining audits on FY2010 Audit Plan that
was presented couple of months ago Planning is a continuing function as internal
and external changes occur and the associated risks may change as well, so we
are looking ahead to the next fiscal year now but will need to refresh our tentative
plans over time. We will keep you apprised of any such situations as they
develop.
Regular Board Mtg.
December 1, 2009
Page 12 of 49
Mr. Perkins stated that ongoing risk assessment is a very important part of our
activity, since identification of key risks helps to drive our audit planning into the
areas where we can add the most value to the organization. We need to look at
general or high-level risks so that we have some grasp of the big picture. Often,
these risks are due to external factors such as the economy and are largely
outside of BWL's control, and management is already aggressively addressing
what mitigation it can through cost saving and other measures. He stated that
when we look at a more specific risk such as the potential impact of ending our
MPPA power pool relationship next year, we are in a position to add some value
in mitigating this and other more specific risks. In that light, we appreciate that
Ms. Devon has asked Internal Audit to be involved in the Energy Risk
Management process in the coming months.
Mr. Perkins stated that looking at challenges, our continued risk assessment is
critical since we must rely on management's input as at least a starting point, and
because we live in a world of constant change and risks tend to evolve along with
the changes. Monthly meetings with Ms. Devon and periodic meetings with
Executive Directors and their staffs help in this regard.
Mr. Perkins said regarding resources, his department has a good budget but are
performing a lot of first-time audits and the planning estimates are often just best
guesses of how much effort it will take to complete the audits in the plan. He
said that he will continue to prioritize during the year based on risks but we also
need to consider the auditee's availability, partly in terms of recent management
changes, for example in the Safety Department. He said that he has had ongoing
discussions with Ms. Devon and the Internal Control Department regarding the
process and timing of discussing draft findings, management responses and the
audit report format. As a result, he believes there is a more streamlined and
efficient process that allows him to align on the findings and recommendations
before the closing conference and preparation and release to management of the
draft audit report. (The full Report is on file in the Office of the Corporate
Secretary)
Recent Internal Audits Reports Completed
Internal Auditor Phil Perkins presented his reports on the Billing Functions, Bond
Financing and Procurement of Good and Services.
The Billing Function Report is presented two parts. Part One is the Executive
Summary that contains an outline of our findings, recommendations and
management responses. Part Two is the detailed audit report that contains a
description of programs and activities; audit objectives, scope and methodology
and prior audit follow-up; comments, findings, recommendations, and
management responses; and a glossary of acronyms and terms.
The. Bond Financing Report is presented in two parts. Part One is an executive
summary that provides a snapshot of the audit results. Part Two is the detailed
report that contains a description of programs and activities; audit objectives,
scope, and methodology; prior audit follow-up; comments, findings, and
recommendations; and a glossary of acronyms and terms.
Regular Board Mtg.
December 1, 2009
Page 13 of 49
The Procurement of Goods and Services is presented in two parts: (1) the
Executive Summary that contains a capsule version of the audit results and (2)
the Detailed Report that contains a description of programs and activities; audit
objectives; scope and methodology and prior audit follow-up, if any; comments,
detailed findings, recommendations; and management responses; and a
glossary of acronyms and terms.
Management responses have been summarized in full in the Detailed Report
Mr. Perkins stated that he appreciate the courtesy and cooperation extended
during the audit.
Commissioners Zerkle and Kramer thanked Mr. Perkins for his thorough report and all his hard
work. (The full Report is on file in the Office of the Corporate Secretary)
Other
General Manager Lark stated that his Administration had decided to implement
furlough days for the non-bargaining employees starting around Christmas. He
said that they have talked to the Unions (IBEW) and the union leadership is
certainly listening. They are going to present this idea to their Board. He said
that he is very hopeful that this will be the bottom and maybe next year we can
crawl out. He stated that he is confident that they will be able to close the cash
gap.
Mr. Lark thanked Sue Ramsey for cleaning up the Executive Conference Room.
Adjourn
On motion by Commissioner Lain, seconded by Commissioner Zerkle to. excuse
Commissioner Bossenbery from today's meeting.
Action: Carried unanimously
On motion by Commissioner Zerkle, seconded by Commissioner Lain, the
meeting adjourned at 5:30 p.m.
Action: Carried unanimously
Respectfully submitted,
Peter W. Kramer, Chair
Finance Committee
COMMITTEE OF THE WHOLE
November 10, 2009
Regular Board Mtg.
December 1, 2009
Page 14 of 49
The Committee of the Whole of the Lansing Board of Water and Light met at the
Executive Offices, Lansing beginning at 6:08 p.m. on Tuesday, November 10,
2009.
Chair Frank Lain called the Committee of the Whole meeting to order and asked
the Corporate Secretary to call the roll.
Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer,
Dennis Louney, Marilyn Plummer and Sandra Zerkle.
Absent: Commissioners Margaret Bossenbery and Tracy Thomas
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner DeLuca, seconded by Commissioner Plummer to
approve the Committee of the Whole meeting minutes of October 6, 2009.
Action: Carried unanimously.
Signature A uthority Resolutions
a. Delegation of Authority
General Manager J. Peter Lark stated that this Resolution provides in the
absence of the General Manager two people who are designated full authority
and responsibility to operate the Board of Water & Light. Prior to this the first
designee was the Executive Director of Operations, who we no longer have and
the number two designee was the Chief Financial Officer. The first Resolution
designates the Assistant General Manager and Chief Financial Officer Susan
Devon as designee number one and the second designee is Executive Director
of Electric Operations, Doug Wood.
Motion by Commissioner DeLuca, seconded by Commissioner Plummer to
forward the proposed Delegation of Authority Resolution on to the full Board for
consideration and approval.
Action: Carried unanimously
b. Authority to Sign Checks
General Manager J. Peter Lark said this item is the authority to sign checks. The
prior resolution that the Board passed is identical to this one. The only difference
is the number two person is now the Assistant General Manager and Chief
Financial Officer, this new Resolution reflect Ms. Devon's new title.
Regular Board Mtg.
December 1, 2009
Page 15 of 49
Motion by Commissioner DeLuca, seconded by Commissioner Plummer to
forward the proposed Authority to sign Checks Resolution on to the full Board for
consideration and approval.
Action: Carried unanimously
c. Authority to Invest Operating and Pension Funds
General Manager Lark said this is the Authority to Invest Operating and Pension
Funds Resolution. This resolution reflects the new title of the Assistant General
Manager and Chief Financial Officer, Susan Devon as well as designating the
Manager of Finance and Planning Bill Aldrich as a designee.
Motion by Commissioner Plummer, seconded by Commissioner Louney to
forward the proposed Authority to Invest Operating and Pension Funds
Resolution on to the full Board for consideration and approval.
Action: Carried unanimously
Update on Net Metering, Renewable EnergyPlans andEnergy Optimization
General Manager J. Peter Lark introduced George Stojic, Director of Strategic
Planning and Development.
Mr. Stojic's update and review included:
Net Metering Plan Update
The Purpose
[Enable customers who generate electricity using renewable energy sources to
connect to the BWL's distribution system
[Allows customers to send renewable energy back to the electric grid when their
generation exceeds their own use for installations designed to produce no more
than the customer's annual electric energy needs
Eligible Renewable Energy Resources
[Biomass
[Solar Photovoltaic
[Wind
[Other renewable energy sources must be approved by the BWL
Program Availability
[Voluntary
[Available to customers on any BWL rate schedule
[Selection of participants for the program will be the order in which applications
are received
[Generating system limited to 50 kW per site
Regular Board Mtg.
December 1, 2009
Page 16 of 49
❑ In effect until total nameplate capacity of all generators is equal to 1°/o of BWL
peak load for preceding calendar year
[May be limited to geographic regions within the BWL territory
Generation Requirements
[Renewable generation equipment must be located on the customer's premise
and serve only that customer
[Generation capacity must not exceed the customer's electric demand and
energy needs
❑ Must meet all current local and state electric and construction code
requirements
Application Process
[Customer completes a Net Metering Application
[Customer reviews the Generator Interconnection procedural guidelines
❑ BWL will work with the customer to determine size of renewable energy system
Interconnection Requirements
[Customers must meet all the BWL interconnection requirements
ElCustomer's equipment must be certified to IEEE 1547.1 and comply with UL
1741 scope 1.IA standard
[Complete the Generator Interconnection Application process which allows for
safe connection to the BWL distribution system
Metering
❑ BWL will determine appropriate meter(s) to be installed that are capable of
measuring the flow of energy in both directions
[Customers who request a separate generation meter will be responsible for
costs for the meter and installation
Customer Billing
[Monthly fee of $5.00 billed to operate the Net Metering program
❑ Generation systems of 20 kW or less qualify for true net metering
-Net of bidirectional flow of kwh across the customer interconnection during
billing period including excess generation credits will be credited at full retail
energy (kwh) rate
[Generating systems greater than 20 kW but less than 50 kW qualify for
modified net metering
Net Excess Generation (NEG)
[Credit for NEG, if any, will appear on next bill and if not used to offset current
charges will be carried forward to subsequent billing periods
[Reconciliation of NEG credits occurs at end of each calendar year
❑ NEG credit balance reset to zero and any credits will be refunded at the retail
power supply rate
Regular Board Mtg.
December 1, 2009
Page 17 of 49
❑ Retail power supply rate includes generation costs, purchase power and other
related costs
Renewable Energy Plan
Mr. Stojic gave an overview of what the requirements of State Law are and how
the Board of Water & Light is complying regarding Renewables and Energy
Optimization. He stated that last fall the Legislature did pass a new law PA295
that had maybe four or five major parts to it. Two of those major parts are
applicable to municipal electric utilities. The first is a renewable energy standard
and it requires all electric providers in Michigan to attain 2% of there electric
energy from renewable sources by 2012 that goes up to 10% by 2015. This
Board adopted a renewable energy policy before the state of Michigan did so we
are well on our way. We already acquired about a number of megawatt hours,
about 4% of our needs from renewable energy so we are well ahead of the
requirements. Each megawatt of renewable energy that we generate creates a
renewable energy credit or a REC and we can carry those forward for three
years.
Energy Optimization Plan:
Sue Warren, Manager of Marketing & Eco-Strategies, provided the Board with a
Hometown Energy Savers Packet. This packet included everything that the
Board of Water & Light is offering to customers to help reduce energy usage.
She stated that the Board of Water & Light has two programs one is perspective
and one is replacement.
Ms. Warren said that the Board of Water & Light has two programs right now for
residential customers: Refrigerator Recycling and Residential Lighting Program.
Next year we are adding an appliance program and we are going to target our
electric water heating apartment complexes. They will be given low flow shower
heads and CFL's. We launched the CFL give away and that has been very
successful. We are also launching our LED light exchange next week.
General Manager Lark stated that Ms. Warren does a great job with the Public
Service Commission.
Update on new BWL Logo
General Manager Lark gave an update on the Board of Water & Light's new
logo.He stated that they are taking the new logo to the Board on December 1,
2009 for approval.
Mr. Stojic described the new logo and said this is a friendly, progressive forward
looking contemporary logo that represents the Board and its culture.
General Manager Lark stated that we didn't want to get it out there too soon
because the Board of Water & Light's anniversary is February 16, 2010 and
that's when were going to officially unveil the logo.
Regular Board Mtg.
December 1, 2009
Page 18 of 49
Other
General Manager Lark spoke about the ethics, training that all Board of Water &
Light employees go through and invited the Commissioner to contact Mike
Flowers in Human Resources if they are interested in taking the training.
Adjourn
On motion by Commissioner Lain, seconded by Commissioner Kramer to
excuse Commissioner Bossenbery and Thomas from today's meeting.
Action: Carried unanimously
On motion by Commissioner Zerkle, seconded by Commissioner Lain, the
meeting adjourned at 6:45 p.m.
Action: Carried unanimously
Respectfully submitted
Frank Lain, Chair
Committee of the Whole
BOARD OF WATER AND LIGHT
PENSION FUND TRUSTEES' ANNUAL MEETING
Tuesday, November 12, 2009
Present: Trustees Margaret Bossenbery, Tony DeLuca, Peter Kramer,
Frank Lain, Dennis Louney, Marilyn Plummer and Sandra Zerkle.
Absent: Trustee Tracy Thomas
Staff Present:General Manager J. Peter Lark, Assistant General Manager and
Chief Financial Officer Susan Devon, Director of Internal Audit Phil
Perkins, Manager of Finance and Planning Bill Aldrich, Marilyn
Montgomery, Treasury Analyst Heidi Myers Senior Rate Analyst
and Corporate Secretary M. Denise Griffin
Consultants Present: From Merrill Lynch: Michael Muirhead Associate
Financial Advisor and Keith Azar, Senior Financial Advisor. From ICMA:
Linda Brooks, Kevin Kilpatrick and John McCann
The Secretary declared a quorum.
Chairperson Zerkle called the meeting to order at 6:30 p.m.
On Motion by Trustee Kramer and Seconded by Trustee Bossenbery to amend
the Agenda to include a late item for the approval of November 4, 2008 Pension
Fund Trustees' Annual Meeting Minutes.
Regular Board Mtg.
December 1, 2009
Page 19 of 49
Action: Motion Carried
On Motion by Trustee Bossenbery and Seconded by Trustee Kramer to approve
the Minutes of November 4, 2008 Pension Fund Trustees' Annual Meeting
Minutes.
Action: Motion Carried
Public Comments
There were no public comments.
Pension Plan Performance Reviews
General Manager J. Peter Lark said that at this time we have before you a
resolution to allow the Corporate Secretary to receive and place on file Defined
Benefit, Defined Contribution, and Retiree Benefit Pension reports that are being
received at this meeting. Please note that all three plans have received a clean
audit report.
General Manager Lark said with us today we have representatives from I.CMA as
well as Merrill Lynch. Merrill Lynch is responsible for the Board of Water &
Light's (BWL) Defined Benefit (DB) Plan and the Post Employment Retiree
Benefit (VEBA) Plan and ICMA is responsible for the 401 A Plan.
Sue Devon, Assistant General Manager and CFO gave an overview of the
different Pension Plans. She stated that the packet that the Board received is
broken down into plan areas. The Defined Benefit Plan, the Defined Contribution
Plan and the Post Retirement Benefit Plan. Each of the sections in the packet
includes general information consisting of the Plan and Trust documents, the
Audited Financial Statements, the Actuarial Study Report, the Investment Policy
Statement for each Plan and the Investment Results.
Ms. Devon introduced: Investment Advisory of the DB and VEBA Trust Plan from
Merrill Lynch: Michael Muirhead and Keith Azar; Plan Administrator for the
Defined Contribution Plan from ICMA Linda Brooks, Kevin Kilpatrick and John
McCann.
Ms. Devon stated that the Investment Policy Statement for the DB and the VEBA
was updated with the assistance of Merrill Lynch and approved by the Board in
August 2008 and that they are in the process of updating the Investment Policy
Statement for the Defined Contribution Plan with the assistance of ICMA.
Ms. Devon stated the following in her overview:
Defined Benefit Plan.
This Plan was closed to new employees hired after December 31, 1996. There
are currently 466 retirees and beneficiaries, 15 terminated employees with
Regular Board Mtg.
December 1, 2009
Page 20 of 49
vested benefits and 46 current employees in this plan for a total 527 Plan
participants.
The key highlights of the Audited Financial Statements is obviously that the
Independent Auditors report has stated that our financial statements present
fairly in all material respect the net asset held in the Plan for pension benefit at
June 30, 2009 and 2008 in conformity with generally accepted accounting
principles.
During the Fiscal Year (FY) of 2009 the net investment income in our plan was
unfortunately a negative $25.9 million due to the decline in the stock market as a
whole. Benefit payments to eligible retirees in FY 2009 was $8 million causing
our Plan assets to fall from $107 million at June 30, 2008 to $73 million at June
30, 2009, a net reduction of $34 million or 32%. While this is not particularly
good news there has been some good new since the end off the FY and we are
now seeing the balances in our Plan assets rising due to improvements in the
stock market in general and our managed investments funds in particular. Our
funds grew 18.10% during the 2nd Quarter out performing our bench marks by
4.5%. Fund balances at September 30, 2009 were improving reaching $82
million; $2 million of the increase was due to our own BWL contribution to the
Plan. If our Funds continue to perform well our asset balances should shortly
exceed our liabilities of $83 million. Plan assets as of yesterday are still at $82
million just $1 million short.
Also included in the packet is a copy of the BWL's Actuarial Report for the DB
Plan. This report is prepared every year for the purposes of presenting the
results of the evaluation of the Plan and providing us with reporting and
disclosure information for the financial statement. The report provides the
Board with next Fiscal Year's annual pension cost. Since we have been over
funded in this Plan for many years, we generally have had no pension cost
associated with this DB Plan. Last year the funding ratio was a 127% meaning
that our assets exceeded liabilities by about 27%. This year however, our
funding ratio was only 77% and because of this we do have to report DB Pension
expense this FY in the amount of $2 million, which has already been contributed
to the Plan. We decided to make the contribution in the first quarter of this year
because our DB investment earnings have been very good and much higher than
what we can get on our cash balances at this point and time. .
Post Retirement Plan with VEBA
There are currently 1800 participants in the Post Retirement Plan. This Plan
includes 724 active employees 435 Retirees and 641 spouses and surviving
spouses.
We have an unqualified opinion from Plante & Moran on our Audited Financial
Statements. Our net investments also fell in this Plan this year, $11.6 million due
to the decline in the stock market. The BWL made cash contributions to the
Trust in the amount of $9.5 million causing the Plan Assets to be $56 million at
June 30, 2009 as compared to $62 million at June 30, 2008 a net reduction of $2
million or 3.3%. The funded ratio for the Post Retirement Plan was 24% in 2008
Regular Board Mtg.
December 1, 2009
Page 21 of 49
but because of the reduction in the Plan Assets it was 18% for 2009. The good
3rd
news is that we are seeing a significant increase in our Plan Assets during the
Quarter this year, whereas we closed out our last FY at $60 million. As of
September 30th they are at $69 million and as of yesterday $71.4 million and $2.5
million of that increase is attributable to our cash contribution to the plan.
Defined Contribution Plan
This Plan was established in 1997 and replaced the Defined Benefit Plan which
was closed to new employees at that time. At the time the DB Plan was closed
602 of the then active 750 employees switched over to the new DB Plan.
We transferred $75 million over from the DB Plan to the Defined
Contribution Plan. There are currently 880 participants in the Plan with 668 being
active employees. ICMA was selected through our competitive bidding process
and approved by the Board in September 2008 to be our new DC Plan
Administrators. As with our DB and VEBA our external auditors have issued an
unqualified opinion on our DC Pension Plan. As with our other Plans the value
of the Assets in the DC Plan for our participants have fallen in 2009 from
$122 million to $102 million. Investment earnings fell $17 million and we made
$5 million of contributions to Plan. And we also paid out $7 million in benefits to
participants. This Plan obviously differs from our DB Plan in that thee Board
through it Pension Trustee Committee, makes the investment decisions on behalf
of our employees for the DB Plan whereas the Board makes contributions to the
DC Plan on behalf of our DC participants, but those participants themselves have
to make their own investment decision based on the array of funds provided for
them. Under the DC Plan it is very important that we have a very good education
and communication process so that the BWL employees know what to do.
Ms. Devon provided the Board with a handout that reviewed Communication and
Education Activities for 2009. (The handout is on file in the Office of the
Corporate Secretary)
There was dialogue regarding the low number of individuals that partook in
meetings with consultant. Ms. Devon noted that the low number was recognized
and as a result ICMA was asked to attend some of the mandatory Safety
meetings in order to provide information. Ms. Devon stated that they do try and
give the employees as many opportunities to speak with representatives and
they are reminded often that Representatives are going to be on-site. Ms. Devon
said they are actively trying to find ways to encourage employees to take
advantage of the educational seminars.
Moved by Trustee Lain, seconded by Trustee Kramer, to approve the following
resolution:
RESOLUTION
ACCEPTANCE OF 2009 AUDITED FINANCIAL STATEMENTS FOR DEFINED
BENEFIT PENSION PLAN, DEFINED CONTRIBUTION PENSION PLAN, AND
RETIREE BENEFIT PLAN (VEBA)
Regular Board Mtg.
December 1, 2009
Page 22 of 49
Resolved, that the Corporate Secretary receive and place on file the Defined
Benefit, Defined Contribution, and Retiree Benefit Pension reports presented
during the Pension Trustee Meeting.
--------------------------
Staff comments: All three Plans received clean audit reports.
--------------------
Action: Motion Carried
Ms. Devon thanked Marilyn Montgomery and Bill Aldrich for putting this book
together and stated that they spent a lot of time on it. She also thanked Beverly
Bishop and Sue Ramsey for assisting and putting the packet in paperless form.
On Motion by Trustee Lain and Seconded by Trustee Plummer to excuse
Trustee Thomas from today's meeting.
Action: Motion Carried
On Motion by Trustee Lain and Seconded by Trustee DeLuca with no further
business the Pension Fund Trustees meeting adjourned at 6:30 p.m.
Action: Motion Carried
Submitted by:
M. Denise Griffin
Corporate Secretary
FINANCE COMMITTEE
December 1, 2009
The Finance Committee of the Lansing Board of Water and Light met at the
Executive Offices, Lansing beginning at 12:30 P.M. on Tuesday, December 1,
2009.
Finance Committee Chairperson Peter Kramer called the meeting to order and
asked the Secretary to call the roll. The following members were present:
Commissioners Peter Kramer, Margaret Bossenbery, Frank Lain and Dennis
Louney (arrived at 12:40 p.m.). Also present: Commissioners DeLuca and
Zerkle.
Absent: None
Public Comments
There were no public comments.
Approval of Minutes
Motion by Commissioner Bossenbery, seconded by Commissioner Lain to
approve the Finance Committee meeting minutes of November 10, 2009.
Regular Board Mtg.
December 1, 2009
Page 23 of 49
Action: Carried unanimously.
Discussion Regarding Proposed Resolution for Rate Increases
Commissioner Kramer stated that there is only one agenda item today and that is
to give Commissioners an opportunity to have more discussion on a previous
Finance agenda item that was discussed at the last Committee meeting
regarding the proposed Public Hearing for rate increases for electricity and water.
He said that during the original presentation of the resolution management
presented a lot of information outlining the bases for where these numbers came
from and what the background was, and wanted another opportunity to have an
further discussion amongst the members of the Finance Committee to discuss
the Board's financial situation and to address any questions Commissioners may
have.
Commissioner Zerkle stated that she was happy with the current resolution. She
stated that Assistant General Manager Susan Devon has formulated what the
Commissioners asked her to do with putting some of the rate increase into a
customer charge on the water side.
General Manager J. Peter Lark stated that Commissioner Zerkle's suggestion
was a good idea. Instead of going up 9% across the board on the water we
would increase the commodity charge by 5% and the service charge would
increase $1.19 to a typical residential customer. The service charge would have
increased about .700 any way if we used the 9% factor. So really the service
charge is going to be .500 higher than it would be if we had a 9% rate increase.
General Manager Lark stated the Commissioners' suggestion of breaking this in
to two pieces is a good one and a good way to go.
Commissioner Peter Kramer questioned if this still equates to 9%. General
Manager Lark confirmed.
Commissioner Bossenbery questioned if the $1.19 was enough and would it help
the company to get $2.00?
Commissioner Lain questioned if $1.19 really corrected the problem.
In response General Manager Lark stated $1.19 does not correct the problem,
but it is the beginning of the correction
Commissioner Marge Bossenbery stated that she does not want to charge more
than what we need but if we are going to have to request more in the future that
is a concern.
Commissioner Peter Kramer said the question is how many identical rate
increases will we have over the next ten years to be at the point where this utility
breaks even on water. Is this an appropriate graduated approach?
Regular Board Mtg.
December 1, 2009
Page 24 of 49
In response General Manager Lark stated that he has plans for the next budget
in which they will present a six year plan that will get the Board to a 6.18% return
on net fixed assets on all four of our utilities.
Commissioner Peter Kramer agreed that is a good plan and a good approach, as
we cannot solve all of our problems in one fiscal year.
General Manager Lark said that the Board of Water & Light is really tightening
down and made some real significant improvements, and if you look at the
October numbers they are showing improvement. Improvements both in revenue
growth and significant cut backs in overtime and O&M cost. He stated that the
team assembled can really put something together that can make the Board of
Water & Light great without hitting customers to hard.
General Manager Lark stated in regard to electric operations, pursuant to PA
295, there are two new mandated charges for Renewable Energy and Energy
Optimization Programs. The Renewable Energy Program would increase an
average customers rate by 3.7% and the Energy Optimization would increase
rates by 2%. That means an increase of approximately $3.89 a month for the
average customer using 750 kw hours. The Board of Water & Light gets nothing
from these increases for its continuing operations. There was some discussion
about if a customer charge increase of $2.50 would be in order.
General Manager Lark stated that the numbers are looking a little more positive
in electric rather than water. He believes the $2.50 would help to put us where
we need to be.
Commissioner Peter Kramer said that he would like to see more on the
commodity side with electric because it puts revenue in the hands of the people
who are most appropriately paying for the revenue. He said that he would like to
see a higher return on electric. He stated as the Board thinks long term it is
appropriate to seek out a larger service charge this year with the intent of not
addressing that service charge next year and dealing with the adjustment on the
commodity side next year because we do not have the ability to deal with the
commodity side change this year. He stated that if we could get that two-year
adjustment in service charges this year and defer that commodity side situation
until we do not have that 5.6% burden then we have the ability to deal with that
next year knowing that we have that extra dollar in the bank.
Assistant General Manager and Chief Financial Officer Susan Devon stated the
2010 budget it really tight and the electric side is really tight on maintenance and
capital expenditures. That really needs to be beefed up again because we cannot
continue deterring capital or maintenance work indefinitely.
Commissioner Dennis Louney said that he is of the belief that we need to do the
$2.50 increase and the Board needs to make a committee to make sure that we
can properly maintain what we have. He said this service charge provides a
better balance across the board.
Regular Board Mtg.
December 1, 2009
Page 25 of 49
Commissioner Peter Kramer said that he appreciates today's dialogue. He said
that we currently have a resolution from the previous Finance Committee
meeting and he reviewed the numbers. He questioned if any amendment
needed to be made to reflect today's meeting.
General Manager Lark stated that we do not have to adjust the resolution. We
can just agree to something now and that is what will be published for the
hearing and the published notice will have the numbers that have been
discussed.
Commissioner Peter Kramer stated that the Board has been striving to having a
good cohesive approach to the decision making process through dialogue. He
said that once the Board agrees on something he would like to make sure there
is a good consensus and that we all have a good clear course of action that we
are on and to stand behind the decision made. The main purpose of this meeting
is to have cohesiveness and to make sure that we do not second guess
ourselves down the road when things get difficult and to. make sure that we feel
this is the best course of action for this company and that we provide
management with that support.
Commissioner Peter Kramer said there is no need to take action here today.
Other
There was no other business.
Adjourn
On motion by Commissioner Lain, seconded by Commissioner Bossenbery, the
meeting adjourned at 1:30 p.m.
Action: Carried unanimously
Respectfully submitted,
Peter W. Kramer, Chair
Finance Committee
--------------------
MANAGER'S RECOMMENDATIONS
Resolution 2009
REVISION OF LANSING BOARD OF WATER &LIGHT LOGO
WHEREAS, the BWL will be celebrating its 125th anniversary in 2010; and
WHEREAS, the BWL has grown and changed over the past century to meet the
Lansing community's energy and water needs; and
Regular Board Mtg.
December 1, 2009
Page 26 of 49
WHEREAS, the BWL has established itself as Michigan's largest municipal utility
and a reliable, low cost provider of energy and water service and an important
member of the Lansing community; and
WHEREAS, The Lansing community is undergoing changes and facing new
challenges that will require the BWL to continue supplying reliable, affordable
energy and water services; and
WHEREAS, the BWL is continuing to change and evolve, as demonstrated with
new progressive energy policies, new strategies for meeting future energy needs
of our customers along with a diverse workforce and a focus on new initiatives for
the community; and
WHEREAS, in response to changing market and economic conditions, the BWL
is committed to continuing its environmental stewardship in the Lansing
community by continuing as a leader in renewable energy, energy efficiency, and
innovative energy production policies and practices; and
WHEREAS, the BWL's current logo is 25 years old and the BWL would be well
served with a logo that reflects its progressive policies, its commitment to
environmental stewardship, and its role as an important community economic
and cultural institution; and
WHEREAS, the proposed logo revisions will better represent the BWL as a
modern, forward looking company, responsive to the Lansing community's
needs, with a proud history of reliable, affordable service as we celebrate our
125th anniversary.
RESOLVED, that the revised BWL logo be accepted by the Board of
Commissioners.
On Motion by Commissioner Zerkle and Supported by Commissioner Kramer to
approve the resolution for the new Board of Water & Light Logo.
Action: Carried unanimously.
--------------------
Resolution. 2n09-
Resolution
CONSIDERATION OF PURPA STANDARDS UNDER THE ENERGY
INDEPENDENCE AND SECURITY ACT OF 2007
WHEREAS, the Energy Independence and Security Act of 2007 (EISA) contains
four new Public Utility Regulatory Policies Act (PURPA) standards and a fifth
non-PURPA "standard" requiring covered utilities to consider adopting these
new standards; and
Regular Board Mtg.
December 1, 2009
Page 27 of 49
WHEREAS, The EISA of 2007 amendments to PURPA require covered utilities
to begin consideration of these standards by December 19, 2008 with a public
hearing and final determination made by December 19 2009; and
WHEREAS, the Lansing Board of Water and Light, with electric retail sales in
excess of 500 million kWhs meets the definition of a non-regulated covered
utility.
WHEREAS, a public hearing on these PURPA standards under the Energy
Independence and Security Act of 2007 was held on November 12, 2009.
BE IT RESOLVED, that the BWL shall implement the PURPA Standards
accordingly:
1. Integrated Resource Planning: Adopt the Integrated Resource Planning
standard as applicable to the BWL.
2. Rate Design Modifications to Promote Energy Efficiency
Investments: Adopt the Rate Design Modifications to Promote Energy
Efficiency Investments standard as applicable to the BWL.
3. Consideration of Smart Grid Investments: Adopt the Consideration of
Smart Grid Investments standard as applicable to the BWL.
4. Smart Grid Information: Research and evaluate a Smart Grid
Information program which meets the PURPA standard as applicable to
the BWL.
5. Non-PURPA Additional Incentives For Recovery, Use, and Prevention
of Industrial Waste Energy: Evaluate each project received within the
timelines outlined in this standard and make a final determination as
applicable to the BWL.
On Motion by Commissioner Kramer and Supported by Commissioner Louney
to approve the resolution for the PURPA Standards under the new Energy
Independence and Security Act of 2007
Action: Carried unanimously.
WATER&HCHT
LANSING BOARD OF WATER & LIGHT
DETERMINATION RECOMMENDATION
FOR
Integrated Resource Planning
Rate Design Modification to Promote
Energy Efficiency Investments
Regular Board Mtg.
December 1, 2009
Page 28 of 49
Smart Grid Investments
Smart Grid Information
Additional Incentives for Recovery, Use, and Prevention of
Industrial Waste (non-PURPA)
Under Energy Independence and Security Act of 2007
PURPA AMENDMENTS
November 2009
Introduction
The Energy Independence and Security Act of 2007 was signed into law by
President Bush on December 19, 2007. The purpose of this act was "to move
the United States toward greater energy independence and security, to increase
the production of clean renewable fuels, to protect consumers, to increase the
efficiency of products, buildings, and vehicles, to promote research on and
deploy greenhouse gas capture and storage options, and to improve the energy
performance of the Federal Government, and for other purposes."
The Public Utility Regulatory Policies Act (PURPA), originally approved in 1978,
included stated purposes to encourage: (a) conservation of energy supplied by
electric utilities, (b) the optimization of the efficiency of the use of facilities and
resources by electric utilities and (c) equitable rates to electric consumers.
PURPA was subsequently amended by the Energy Policy Act of 1992, the
Energy Policy Act of 2005 and, most recently, the Energy Independence and
Security Act of 2007 (EISA). The amendments to PURPA require utilities with
annual retail sales greater than 500 million kilowatt hours to consider the
additional standards. The Lansing Board of Water & Light falls under these
requirements.
Four additional PURPA standards are described in the EISA Sections 532 and
1307 and are titled as follows: Integrated Resource Planning; Rate Design
Modifications to Promote Energy Efficiency Investments; Consideration of Smart
Grid Investments; and Smart Grid Information. The EISA also includes an
additional non-PURPA standard in Section 374 titled, Additional Incentives for
Recovery, Use, and Prevention of Industrial Waste Energy.
Under EISA, utilities were required to "commence consideration" for these new
PURPA standards by December 19, 2008 and final Determination whether to
adopt theses standards must be competed by December 19, 2009. On
November 18, 2008 the Board of Commissioners passed Resolution 2008-11-2
that officially approved staff to commence consideration of the PURPA standards
under EISA. A Public Hearing was held on November 12, 2009 to accept public
comments on the five EISA standards.
Regular Board Mtg.
December 1, 2009
Page 29 of 49
Staff has now completed its' consideration and has made recommendations for
the final determination which is due by December 19, 2009 and those
recommendations are contained in this document. (It should be noted that
consideration and determination of a PURPA standard is mandatory. Adoption
and implementation of the standard is not mandatory.)
TITLE V - ENERGY SAVINGS IN GOVERNMENT AND PUBLIC
INSTITUTIONS
Subtitle D: Energy Efficiency in Public Institutions
Section 532 PURPA 111(d) Standards.
(16) INTEGRATED RESOURCE PLANNING.
Definition under BSA
EISA Section 532 (16) amending PURPA 111(d). It states: "Each electric utility
shall-
(A) integrate energy efficiency resources into utility, State, and regional
plans; and
(B) adopt policies establishing cost-effective energy efficiency as a priority
resource."
The term "Integrated Resource Planning" (IRP) typically refers to a
comprehensive planning process intended to systematically consider appropriate
supply and demand resources to meet current and future load requirements.
The PURPA standard is written specifically to address one aspect of IRP,
integrating energy efficiency into utility plans and adopting policy that encourage
cost-effective energy efficiency.
Consideration
On a state level, Governor Jennifer Granholm signed into law Public Act 295 of
2008 which is also known as the "clean, renewable, and efficient energy act" on
October 8, 2008. PA 295 promotes the development of clean and renewable
energy and energy optimization through the implementation of standards that will
cost-effectively provide greater energy security and diversify the energy
resources used to meet consumers' needs, encourage private investment in
renewable energy and energy efficiency and improve air quality. The overall goal
of the Energy Optimization Plans under PA 295 was to reduce future cost of
service for suppliers and delay the need for constructing new power plants. All
the energy optimization programs, collectively, are required to be cost effective
using standardized Utility Cost Tests. The BWL's Energy Optimization Plan was
approved by the MPSC on July 1, 2009 and the programs under this Plan were
found to be cost-effective.
The BWL periodically prepares integrated resource plans that identify BWL's
future generation needs, evaluations providing a broad set of resource options
including renewable energy and energy efficiency, and planning contingencies.
One of the major goals on an IRP is to analyze the BWL's utility exposure to
future risks and uncertainties. The latest IRP update was in 2008 and it
concludes with a recommendation of the best set of resource options that
minimize costs and protect BWL ratepayers from future risks.
Regular Board Mtg.
December 1, 2009
Page 30 of 49
Determination Recommendation
Staff believes the BWL current meets the IRP Standard as the IRP process
integrates and evaluates energy efficiency resources and has already
implemented policies establishing cost-effective energy efficiency as a priority
resource, including consumer education and efficiency programs. Therefore, staff
recommends adoption of the PURPA standard as applicable to the BWL.
(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY
INVESTMENTS.
Definition under EISA 2007
Section 532 (17) of EISA amends PURPA 111 (d) requires consideration of
modifying rate design to promote energy efficiency investments. EISA states:
IN GENERAL.-The rates allowed to be charged by any electric utility shall-
(i) align utility incentives with the delivery of cost-effective energy
efficiency; and
(ii) promote energy efficiency investments.
(B) POLICY OPTIONS.-In complying with subparagraph (A), each State
regulatory authority and each nonregulated utility shall consider-
(i) removing the throughput incentive and other regulatory and
management disincentives to energy efficiency;
(ii) providing utility incentives for the successful management of energy
efficiency programs;
(iii) including the impact on adoption of energy efficiency as I of the goals
of retail rate design, recognizing that energy efficiency must be balanced
with other objectives;
(iv) adopting rate designs that encourage energy efficiency for each
customer class;
(v) allowing timely recovery of energy efficiency related costs; and
(vi) offering home energy audits, offering demand response programs,
publicizing the financial and environmental benefits associated with
making home energy efficiency improvements, and educating
homeowners about all existing Federal and State incentives, including the
availability of low-cost loans, that make energy efficiency improvements
more affordable."
Consideration
The BWL is a. non-profit organization whose primary objective is to provide
reliable, lowest cost electric service consistent with sound business practices.
Furthermore, the BWL is not regulated by the Michigan Public Service
Commission and there are not any "regulatory disincentives" to energy efficiency.
The BWL rates are designed in conjunction with other corporate goals including
utilizing energy efficiency as a resource option as recommended by the recent
Integrated Resource Plan update.
The BWL current rates are designed to encourage customers to participate in
energy efficiency. Current Residential Electric Rates 1 and 21 have an "inclining
Regular Board Mtg.
December 1, 2009
Page 31 of 49
tier block" structure where the cost per kilowatt hour increases in incremental
steps as the customer consumes more electricity. Published BWL electric Rates
3, 4, 5, 8 and 12 for commercial and industrial customers all have a seasonal
component that change twice a year to reflect elevated costs in the summer
when demand and pricing is higher. In addition, Rate 5 and Rate 8 have on-peak
and off-peak pricing schedule that allows the larger customers to shift usage to
off-peak periods to reduce overall consumption.
Public Act 295 allows all electric and natural gas utilities to recover the costs
associated with the mandated energy optimization programs. In addition, the
BWL Energy Optimization Plan offers education and incentives to assist
customers in understanding and reducing their energy use.
This PURPA amendment suggests various options to promote energy efficiency
investments and the BWL is implementing the majority of these options through
the Hometown Energy Savers (HES) programs. Examples of options that are
offered under the HES programs include: on-line home energy audits;
educational materials and incentives for customers to upgrade to more energy
efficiency options. In addition, the BWL is currently evaluating load management
programs.
Determination Recommendation
Staff finds that BWL's current retail rate design methodology and the Hometown
Energy Savers energy efficiency programs serve the three purposes of PURPA.
Therefore, staff recommends adoption of the PURPA standard as applicable to
the BWL.
TITLE XIII - SMART GRID
Section 1307 PURPA 111(d) Standards.
(18) CONSIDERATION OF SMART GRID INVESTMENTS.
Definition under EISA 2007
Standard definition under EISA 2007 states:
(A) IN GENERAL.-Each State shall consider requiring that, prior to
undertaking investments in nonadvanced grid technologies, an electric utility of
the State demonstrate investment in a qualified smart grid system based on
appropriate factors, including-
(i) total costs;
(ii) cost-effectiveness;
(iii) improved reliability;
(iv) security;
(v) system performance; and
(vi) societal benefit.
(B) RATE RECOVERY.-Each State shall consider authorizing each electric
utility of the State to recover from ratepayers any capital, operating expenditure,
or other costs of the electric utility relating to the deployment of a qualified smart
grid system, including a reasonable rate of return on the capital expenditures of
the electric utility for the deployment of the qualified smart grid system.
Regular Board Mtg.
December 1, 2009
Page 32 of 49
(C) OBSOLETE EQUIPMENT.-Each State shall consider authorizing any
electric utility or other party of the State to deploy a qualified smart grid system to
recover in a timely manner the remaining book-value costs of any equipment
rendered obsolete by the deployment of the qualified smart grid system, based
on the remaining depreciable life of the obsolete equipment.
Consideration
The BWL has and will continue to make cost-effective investments in its electric
system. Examples of smart grid investments that have been made by the BWL
in recent years include:
➢ GIS Mapping. Both the overhead and underground distribution maps are
now accessible to crews in the field through the computers in their
vehicles.
➢ Intelligent Electronic Devices (IED). IED's are now installed in 7 out of the
10 BWL substations. They record information on events on our system
such as when fuses fail.
➢ Digital Relays. Digital Relays provide time-stamped information on events
such as voltage drops and short circuits. Remote communication
capability where staff can call from the office and make changes if
necessary.
➢ Supervisory Control & Data Acquisition (SCADA). Allows staff to see
power flows and circuit loading which allows for voltage control when
needed.
➢ Recent smart meter test. The BWL recently completed a smart meter test
of 10 electric and 10 water meters on BWL system for a period of a month.
This test allowed staff to demonstrate the ability of these meters to obtain
hourly data from the customer along with remote disconnect functionality.
Determination Recommendation
Staff finds that the BWL does evaluate smart grid investments based on
appropriate factors, including the PURPA factors listed above when upgrading
its' electric system and therefore staff recommends adoption of the PURPA
standard as applicable to the BWL.
(19) SMART GRID. INFORMATION.-
Definition under EISA 2007
(A) STANDARD. All electricity purchasers shall be provided direct access, in
written or electronic machine-readable form as appropriate, to information from
their electricity provider as provided in subparagraph (8).
(B) INFORMATION.-Information provided under this section, to the extent
practicable, shall include:
"(i) PRICES.-Purchasers and other interested persons shall be provided
with information on-
Regular Board Mtg.
December 1, 2009
Page 33 of 49
"(I) time-based electricity prices in the wholesale electricity market;
and
"(II) time-based electricity retail prices or rates that are available to
the purchasers.
"(ii) USAGE.-Purchasers shall be provided with the number of electricity
units, expressed in kwh, purchased by them.
"(iii) INTERVALS AND PROJECTIONS.-Updates of information on
prices and usage shall be offered on not less than a daily basis, shall
include hourly price and use information, where available, and shall
include a day-ahead projection of such price information to the extent
available.
"(iv) SOURCES.-Purchasers and other interested persons shall be
provided annually with written information on the sources of the power
provided by the utility, to the extent it can be determined, by type of
generation, including greenhouse gas emissions associated with each
type of generation, for intervals during which such information is available
on a cost effective basis.
C) ACCESS.-Purchasers shall be able to access their own information at any
time through the Internet and on other means of communication elected by that
utility be able to access information not specific to any purchaser through the
Internet. Information specific to any purchaser shall be provided solely to that
purchaser. ".
Consideration
The BWL provides customers (electricity purchasers) information related to the
kilowatt-hours of electricity purchased during each billing period. Information
about electric rates, pricing and sources of power supply are readily available on
the BWL website.
Currently the BWL does not have the technology infrastructure to provide usage
information "on not less than a daily basis". However, future plans for the
development of a smart metering program with the associated infrastructure will
enable customers to obtain both daily and hourly data.
Determination Recommendation
The BWL is not yet capable of providing most of the information specified in the
Smart Grid Information standard. Staff recommends that the BWL research and
evaluate a smart metering program which will meet the PURPA standard as
applicable to the BWL.
Section 374 Standard (Non-PURPA standard)
ADDITIONAL INCENTIVES FO RECOVERY, USE, AND PREVENTION OF
INDUSTRIAL WASTE ENERGY
The Energy Independence and Security Act of 2007 contained a standard for
states and nonregulated utilities to consider that is not an amendment to PURPA.
The focus of this standard is to encourage "waste energy recovery" projects that
generate "net excess power". The standard is divided into six main subsections
Regular Board Mtg.
December 1, 2009
Page 34 of 49
which include: a) consideration of the standard; b) standard for sales of excess
power; c) options for treatment of net excess power; d) rate considerations and
criteria; e) procedural requirements for Consideration and Determination and f)
implementation. The full standard language can be found in Attachment A.
The project that is to be considered by utilities must be on the "Registry" which is
managed by the Environmental Protection Agency Administrator. The standard
states that "not later than 180 days after the receipt" by a state commission or
nonregulated electric utility the consideration must be started. Each project is to
be considered on a project-by-project basis and require a public hearing.
Determination Recommendation
Staff believes that requests for waste energy recovery projects will be minimal
and recommends that each request be evaluated at the time they are received.
The evaluation should render a decision based on appropriate legal criteria and
be mutually beneficial to the BWL and the project owner.
EISA 2007 PURPA Amendments Time Limitation Requirements
The deadline for compliance is one year after enactment (December 19, 2008)
and by that date state commissions and each nonregulated electric utility are to
begin consideration or set a hearing date for such consideration. Within two
years after enactment (December 19, 2009) considerations are to be completed
and a determination for each standard is to be made as to whether or not to
adopt the standards.
➢ On November 18, 2008, the BWL officially "commenced consideration"
on these standards. The BWL Board of Commissioners supported this
process by passing Resolution #2008-11-2. (See Attachment 2). A
Public Hearing was scheduled for 2009.
➢ A Public Hearing was held on November 12, 2009 for the purpose of
allowing public comment on these three standards.
Staff is now respectfully requesting that the Board of Commissioners approve the
Determination recommendations presented in this evaluation.
LANSING BOARD OF WATER & LIGHT
ATTACHMENT 1
EISA 2007
PURPA AMENDMENTS
Integrated Resource Planning
Rate Design Modification to Promote
Energy Efficiency Investments
Smart Grid Investments
Regular Board Mtg.
December 1, 2009
Page 35 of49
Smart Grid Information
Additional Incentives for Recovery, Use, and Prevention of Industrial Waste
(non-PURPA)
TITLE V - ENERGY SAVINGS IN GOVERNMENT AND PUBLIC
INSTITUTIONS
Subtitle D: Energy Efficiency in Public Institutions
Section 532 PURPA 111(d) Standards.
(16) INTEGRATED RESOURCE PLANNING.-Each electric utility shall-
(A) integrate energy efficiency resources into utility, State, and regional plans;
and
(B) adopt policies establishing cost-effective energy efficiency as a priority
resource.
(17) RATE DESIGN MODIFICATIONS TO PROMOTE ENERGY EFFICIENCY
INVESTMENTS.-
(A) IN GENERAL.-The rates allowed to be charged by any electric utility
shall-0) align utility incentives with the delivery of cost-effective energy
efficiency; and (ii) promote energy efficiency investments.
(B) POLICY OPTIONS.-In complying with subparagraph (A), each State
regulatory authority and each nonregulated utility shall consider-
> removing the throughput incentive and other regulatory and management
disincentives to energy efficiency;
➢ providing utility incentives for the successful management of energy
efficiency programs;
> including the impact on adoption of energy efficiency as 1 of the goals of
retail rate design, recognizing that energy efficiency must be balanced
with other objectives;
➢ adopting rate designs that encourage energy efficiency for each customer
class;
➢ allowing timely recovery of energy efficiency-related costs; and
➢ offering home energy audits, offering demand response programs,
publicizing the financial and environmental benefits associated with
making home energy efficiency improvements, and educating
homeowners about all existing Federal and State incentives, including the
availability of low-cost loans, that make energy efficiency improvements
more affordable.
TITLE XIII - SMART GRID
Section 1307 PURPA 111(d) Standards.
(18) CONSIDERATION OF SMART GRID INVESTMENTS.-
"(A) IN GENERAL.-Each State shall consider requiring that, prior to undertaking
investments in nonadvanced grid technologies, an electric utility of the State
Regular Board Mtg.
December 1, 2009
Page 36 of 49
demonstrate investment in a qualified smart grid system based on appropriate
factors, including-
"(i) total costs;
"(ii) cost-effectiveness;
"(iii) improved reliability; .
"(iv) security;
"(v) system performance; and
"(vi) societal benefit.
(B) RATE RECOVERY.-Each State shall consider authorizing each electric
utility of the State to recover from ratepayers any capital, operating expenditure,
or other costs of the electric utility relating to the deployment of a qualified smart
grid system, including a reasonable rate of return on the capital expenditures of
the electric utility for the deployment of the qualified smart grid system.
(C) OBSOLETE EQUIPMENT.-Each State shall consider authorizing any
electric utility or other party of the State to deploy a qualified smart grid system to
recover in a timely manner the remaining book-value costs of any equipment
rendered obsolete by the deployment of the qualified smart grid system, based
on the remaining depreciable life of the obsolete equipment.
(19) SMART GRID INFORMATION.-
(A) STANDARD.-All electricity purchasers shall be provided direct access,
in written or electronic machine-readable form as appropriate, to information from
their electricity provider as provided in subparagraph (B).
(B) INFORMATION.-Information provided under this section, to the extent
practicable, shall include:
➢ PRICES.-Purchasers and other interested persons shall be provided with
information on-
o time-based electricity prices in the wholesale electricity market; and
o time-based electricity retail prices or rates that are available to the
purchasers.
➢ USAGE.-Purchasers shall be provided with the number of electricity
units, expressed in kwh, purchased by them.
➢ INTERVALS AND PROJECTIONS.-Updates of information on prices and
usage shall be offered on not less than a daily basis, shall include hourly
price and use information, where available, and shall include a day-ahead
projection of such price information to the extent available.
➢ SOURCES.-Purchasers and other interested persons shall be provided
annually with written information on the sources of the power provided by
the utility, to the extent it can be determined, by type of generation,
including greenhouse gas emissions associated with each type of
generation, for intervals during which such information is available on a
cost-effective basis.
➢
(C) ACCESS- Purchasers shall be able to access their own information at any
time through the Internet and on other means of communication elected by that
utility for Smart Grid applications. Other interested persons shall be able to
Regular Board Mtg.
December 1, 2009
Page 37 of 49
access information not specific to any purchaser through the Internet. Information
specific to any purchaser shall be provided solely to that purchaser.
Section 374 Standard (Non-PURPA standard)
ADDITIONAL INCENTIVES FO RECOVERY, USE, AND PREVENTION OF
INDUSTRIAL WASTE ENERGY
(a) CONSIDERATION OF STANDARD.-
(1) IN GENERAL.-Not later than 180 days after the receipt by a State regulatory
authority (with respect to each electric utility for which the authority has
ratemaking authority), or nonregulated electric utility, of a request from a project
sponsor or owner or operator, the State regulatory authority or nonregulated
electric utility shall- (A) provide public notice and conduct a hearing respecting
the standard established by subsection (b); and(B) on the basis of the hearing,
consider and make a determination whether or not it is appropriate to implement
the standard to carry out the purposes of this part.
(2) RELATIONSHIP TO STATE LAW.-For purposes of any determination under
paragraph (1) and any review of the determination in any court, the purposes of
this section supplement otherwise applicable State law.
(3) NONADOPTION OF STANDARD.-Nothing in this part prohibits any State
regulatory authority or nonregulated electric utility from making any determination
that it is not appropriate to adopt any standard described in paragraph (1),
pursuant to authority under otherwise applicable State law.
(b) STANDARD FOR SALES OF EXCESS POWER.-For purposes of this
section, the standard referred to in subsection (a) shall provide that an owner or
operator of a waste energy recovery project identified on the Registry that
generates net excess power shall be eligible to benefit from at least 1 of the
options described in subsection (c) for disposal of the net excess power in
accordance with the rate conditions and limitations described in subsection d).
(c) OPTIONS.-The options referred to in subsection (b) are as follows:
(1) SALE OF NET EXCESS POWER TO UTILITY.-The electric utility shall
purchase the net excess power from the owner or operator of the eligible waste
energy recovery project during the operation of the project under a contract
entered into for that purpose.
(2) TRANSPORT BY UTILITY FOR DIRECT SALE TO THIRD PARTY.-
The electric utility shall transmit the net excess power on behalf of the project
owner or operator to up to 3 separate locations on the system of the utility for
direct sale by the owner or operator to third parties at those locations.
(3) TRANSPORT OVER PRIVATE TRANSMISSION LINES.-The State and the
electric utility shall permit, and shall waive or modify such laws as would
otherwise prohibit, the construction and operation of private electric wires
constructed, owned, and operated by the project owner or operator, to transport
the power to up to 3 purchasers within a 3- mile radius of the project, allowing the
wires to use or cross public rights-of-way, without subjecting the project to
regulation as a public utility, and according the wires the same treatment for
safety, zoning, land use, and other legal privileges as apply or would apply to the
wires of the utility, except that- (A) there shall be no grant of any power of
eminent domain to take or cross private property for the wires; and (B) the wires
shall be physically segregated and not interconnected with any portion of the
system of the utility, except on the customer side of the revenue meter of the
Regular Board Mtg.
December 1, 2009
Page 38 of 49
utility and in a manner that precludes any possible export of the electricity onto
the utility system, or disruption of the system.
(4) AGREED ON ALTERNATIVES.-The utility and the owner or operator of the
project may reach agreement on any alternate arrangement and payments or
rates associated with the arrangement that is mutually satisfactory and in accord
with State law.
LANSING BOARD OF WATER & LIGHT
ATTACHMENT 2
RESOLUTION 2008-11-2
CONSIDERATION OF PURPA STANDARDS
AS REQUIRED BY THE ENERGY
INDEPENDENCE AND SECURITY ACT OF 2007
Resolution 2(1O'-l1-_
B. Consideration of PURPA Standards under the Energy Independence
and Security Act of 2007
WHEREAS, the Energy Independence and Security Act of 2007 (EISA) contains
four new Public Utility Regulatory Policies Act (PURPA) standards and a fifth
non-PURPA "standard" requiring covered utilities to consider adopting these new
standards; and
WHEREAS, the EISA of 2007 amendments to PURPA require covered utilities to
begin consideration of 1) Integrated Resource Planning, 2) Rate Design
Modifications to Promote Energy Efficiency Investments, 3) Consideration of
Smart Grid Investments, and 4) Smart Grid Information. Although, the fifth
standard is not an amendment to PURPA, utilities are required to consider
"Additional Incentives for Recovery, Use, and Prevention of Industrial Waste
Energy" under the same process as the other PURPA standards; and
WHEREAS, the Lansing Board of Water and Light, with electric retail sales in
excess of 500 million kWhs meets the definition of a non-regulated covered
utility.
RESOLVED, that the Lansing Board of Water and Light will commence
consideration of the five standards required by the Energy Independence and
Security Act of 2007 before December 19, 2008.
FURTHER RESOLVED, that the Lansing Board of Water and Light shall hold a
public hearing to accept public comments on the five EISA standards listed
above, in 2009.
Motion by Commissioner James, seconded Commissioner Kramer to approve
the resolution regarding the Consideration of PURPA Standards under the
Energy Independence Security Act of 2007.
Discussion: Commissioner Cochran complimented staff for their proactive efforts
regarding the Board of Water and Light's consideration of PURPA Standards.
Regular Board Mtg.
December 1, 2009
Page 39 of 49
Action: Carried unanimously.
--------------------
l'Resol_ition 20JS 'i2 3
Resolution
LANSING BOARD OF WATER & LIGHT'S RENEWABLE ENERGY
NET METERING PROGRAM AND COMPANION RATE RIDER
WHEREAS, the Energy Policy Act of 2005 (EP Act 2005) amended the Public
Utility Regulatory Policies Act of 1978 (PURPA) requiring covered utilities to
consider adopting five new standards including net metering; and
WHEREAS, the Lansing Board of Water & Light Board of Commissioners passed
Resolution 2008-7-5 that resolved the BWL shall develop and promote a net
metering program which meets applicable PURPA standards; and
WHEREAS, there is a growing interest by residential and business customers to
invest in customer generated sources of power supply and a net metering
program will encourage the installation and use of customer-owned renewable
energy systems.
RESOLVED, that the Renewable Energy Net Metering Program and companion
rate rider be made the subject of a public hearing prior to further consideration by
the Board of Commissioners.
RESOLVED FURTHER, that the Board of Commissioners hereby set the date of
Thursday, November 12, 2009, at 5:30 pm for a public hearing to solicit public
input on the Renewable Energy Net Metering Program and companion rate rider.
The hearing will be held in the Board of Water and Light's offices, 1232 Haco
Drive, Lansing. The Corporate Secretary is directed to file with the City Clerk, no
later than September 23, 2009, information regarding the Renewable Energy Net
Metering Program and companion rate rider with an effective date of January 1,
2010.
Motion by Commissioner Plummer , seconded by Commissioner Lain to approve
the resolution for the Renewable Energy Net Metering Program and Companion
Rate Rider.
Action: Carried unanimously.
Renewable Energy Net Metering Rider
Purpose, - The purpose of this rider it to enable customers who generate
electricity using renewable energy sources to connect to the BWL's electric
distribution system and to send electricity back to the electric grid at time when
their generation exceeds their own use.
Regular Board Mtg.
December 1, 2009
Page 40 of 49
Availability - Net Metering applicants must be an electric customer making use
of any BWL Electric Rate Schedule. The Net Metering Program will be voluntary
and selection of customers for participation in the net metering program shall be
based on the order in which the applications for the net metering program are
received by the BWL. The Net Metering Program will be in effect until the total
nameplate capacity of all participating generators is equal to the maximum
program limit of 1% of the BWL peak load for the proceeding calendar year. The
renewable energy generating system will not exceed 50 kW per site and may be
limited to geographical regions within the BWL's service territory.
Eligible Renewable Energy Resources - Customers must generate a portion or
all of their own retail electricity requirements using a renewable energy resource
including but not limited to the following: Biomass, Solar Photovoltaic or Wind.
Other renewable energy resources not included in the list above must be
approved in advance by the BWL.
Generation and Interconnection Requirements- The generation equipment
must be located on the customer's premise and serve only the customer's
premises. The Net Metering applicant shall be limited to generation capacity
designed to meet the customer's electric demand and energy needs. The BWL,
at its discretion, will make the final determination of the acceptable size of the
renewable energy generating system eligible for participation. Before
participating in the Net Metering Program customers must be approved for
parallel operation with BWL's electric distribution system by meeting all
interconnection requirements.
Monthly Rate - All Net Metering customers will be billed $5.00 per month to
recover costs associated with operating the Net Metering Program.
Net metering customers with a system capable of generating 20 kW or less shall
qualify for true net metering. For customers who qualify for true net metering, the
net of the bidirectional flow of kWh across the customer interconnection with the
BWL distribution system during the billing period, including excess generation
credits, shall be credited at the full retail energy (kWh) rate.
a) The credit for Net Excess Generation (NEG), if any, shall appear on the
next bill and any excess credit not used to offset current charges shall be
carried forward for use in subsequent billing periods.
b) Reconciliation of any NEG credits will occur at the end of each calendar
year. At that time the customer's NEG credit balance will be reset to zero
and any NEG credits will be refunded at the retail power supply rate.
c) If a customer leaves the provider's system or service is terminated for any
reason, the BWL shall refund to the customer the remaining NEG credit
amount. Remaining NEG credits will be refunded at the retail power
supply rate.
d) The retail power supply rate includes the BWL generation costs and
purchase power and other related costs.
Net metering customers with a system capable of generating more than 20 kW
but less than 50 kW will qualify for modified net metering. The BWL shall require
Regular Board Mtg.
December 1, 2009
Page 41 of 49
individual contracts with customers with generation systems of more than 20 kW
for billing purposes.
Rules and Regulations - Service under this rider is subject to the BWL Rules
and Regulations for Electric Service and the Renewable Energy Net Metering
Program Standards. The BWL reserves the right to revise the terms and
conditions including any electric energy buy-back pricing rates of future Net
Metering programs.
Lansing Board of Water & Light's
Renewable Energy Net Metering Program Standards
The Lansing Board of Water & Light (BWL) is currently offering a Net Metering
Program to its electric customers who wish to install renewable electric energy
systems. This program will also allow the BWL to evaluate the market demand
and operational impact for Net Metering in its electric service territory.
The Net Metering Program will enable customers who generate electricity using
renewable energy sources to connect to the BWL's electric distribution system
and to send electricity back to the electric grid at time when their generation
exceeds their own use.
The BWL reserves the right to revise the terms and conditions including any
electric energy buy-back pricing rates of future Net Metering programs.
PROGRAM AVAILABILITY
The Net Metering Program will be voluntary and selection of customers for
participation in the net metering program shall be based on the order in which the
applications for the net metering program are received by the Lansing Board of
Water & Light.
The Net Metering Program will be in effect until the total nameplate capacity of all
participating generators is equal to the maximum program limit of 1% of the BWL
peak load for the proceeding calendar year. The renewable energy generating
system will not exceed 50 kW per site and may be limited to geographical
regions within the BWL's service territory.
CUSTOMER ELIGIBILITY
Net Metering applicants must be an electric customer making use of any BWL
Electric Rate Schedule and receive electric service from the BWL distribution
system.
Customers must generate a portion or all of their own retail electricity
requirements using a renewable energy resource including but not limited to the
following:
➢ Biomass
➢ Solar Photovoltaic
• Wind
Regular Board Mtg.
December 1, 2009
Page 42 of 49
Other renewable energy resources not included in the list above must be
approved in advance by the BWL.
APPLICATION FOR SERVICE AND FEES
For a customer to participate in the BWL Net Metering Program a completed Net
Metering Application shall be submitted. An applicant applying for net metering
shall at the same time make application for interconnection with the BWL's
electric distribution system. Net Metering Applications shall be available through
direct mail or through the BWL website. (www.lbwl.com )
GENERATION REQUIREMENTS
The generation equipment must be located on the customer's premise and serve
only the customer's premises. The Net Metering applicant shall be limited to
generation capacity designed to meet the customer's electric demand and
energy needs. The customers' electric needs may be determined by one of the
following methods:
a) The customers' annual energy usage, measure in kilowatt hours (kWh),
during the previous 12-month period.
b) For a customer with metered demand data available, the maximum
integrated hourly demand measure in kilowatts (kW) during the past 12-
month period.
c) In those cases where there is no data, incomplete data, or incorrect data
for the customer's energy usage or where the customer is making
changes on-site that will affect total usage, the BWL and the customer
shall mutually agree on a method to determine the customer's electric
needs.
The BWL, at its discretion, will make the final determination of the acceptable
size of the renewable energy generating system eligible for participation in this
net metering program.
GENERATION AND NET METERING EQUIPMENT
New generation and net metering equipment and its installation must meet all current
local and state electric and construction code requirements. Any equipment that is
certified by a nationally recognized testing laboratory to IEEE 1547.1 testing standards
and in compliance with UL 1741 scope 1.1A and installed in compliance with this part is
considered eligible equipment.
GENERATOR INTERCONNECTION REQUIREMENTS
Customers interested in participating in the Net Metering Program must meet all
BWL interconnection requirements. Applicants must request and review the
information in the BWL's Generator Interconnection procedural guidelines and
complete the Generator Interconnection Application.
Before participating in the Net Metering Program customers must be approved for
parallel operation with BWL's electric distribution system by meeting all
interconnection requirements and by signing a "Generator Interconnection
Regular Board Mtg.
December 1, 2009
Page 43 of 49
Agreement". This agreement will give the customer permission to safely connect
to LBWL's electric distribution system.
METERING REQUIREMENTS
Electric meters shall be used to determine the amount of the customer's energy
use in each billing period, net of any excess energy the customer's renewable
energy generating system delivers to the BWL's distribution system during that
same billing period. The BWL will determine the appropriate meter(s) to be
installed and that will be capable of measuring the flow of energy in both
directions. The installation of generation meters will be at the discretion of the
BWL. Customers who request a separate generation meter will be responsible
for all costs associated with the meter and installation of that meter.
CUSTOMER BILLING
Net metering customers with a system capable of generating 20 kW or less shall
qualify for true net metering. For customers who qualify for true net metering, the
net of the bidirectional flow of kWh across the customer interconnection with the
BWL distribution system during the billing period, including excess generation
credits, shall be credited at the full retail energy (kWh) rate.
e) The credit for Net Excess Generation (NEG), if any, shall appear on the
next bill. Any excess credit not used to offset current charges shall be
carried forward for use in subsequent billing periods.
f) Reconciliation of any NEG credits will occur at the end of each calendar
year. At that time the customer's NEG credit balance will be reset to zero
and any NEG credits will be refunded at the retail power supply rate.
g) If a customer leaves the provider's system or service is terminated for any
reason, the BWL shall refund to the customer the remaining NEG credit
amount. Remaining NEG credits will be refunded at the retail power
supply rate.
h) The retail power supply rate includes the BWL generation costs and
purchase power and other related costs.
Net metering customers with a system capable of generating more than 20 kW
but less than 50 kW will qualify for modified net metering. The BWL shall require
individual contracts with customers with generation systems of more than 20 kW
for billing purposes.
COST RECOVERY OF NET METERING PROGRAM
All Net Metering customers will be billed $5.00 per month to recover costs
associated with operating the Net Metering Program.
CUSTOMER DISCONNECTION OR TERMINATION
The BWL may refuse to connect or may disconnect a project from the distribution
system if. any of the following conditions apply:
a) Lack of a fully executed interconnection agreement.
b) Termination of interconnection by mutual agreement.
Regular Board Mtg.
December 1, 2009
Page 44 of 49
c) Noncompliance with technical or contractual requirements in the
interconnection agreement after notice is provided to the applicant of the
technical or contractual deficiency.
d) Distribution system emergency.
e) Routine maintenance, repairs, and modifications, but only for a reasonable
length of time necessary to perform the required work and upon
reasonable notice.
f) Failure to apply for and receive an electrical permit and inspection by the
appropriate permit granting authority.
g) Failure to remain current on all BWL bills.
The customer may terminate their participation in the Net Metering Program at
any time for any reason with 60-days notice.
NET METERING PROGRAM STATUS AND EVALUATION REPORTS
The BWL will maintain records of all Net Metering applications and up-to-date
records of all eligible electric generators within its electric service territory.
The Net Metering Agreements will be reviewed on an annual basis by BWL. The
BWL reserves the right, at its discretion, to choose to renew, revise or revoke any
agreement entered into during this program. The applicant will receive, in writing,
an explanation for any decision made concerning the status of their Net Metering
Agreement.
--------------------
P,esolution 2OO9-12-4
Resolution
Public Hearing for 2010 Electric and Water Rate Increases
WHEREAS, the Corporate Financial Target for each of the Lansing Board of Water and
Light's Strategic business units is 6.18% return on net fixed assets and materials and
supplies that would require $18.1 million of electric net income and $11.8 million of water
net income; and
WHEREAS, the Fiscal Year 2010 Electric Utility budget filed with the City of Lansing,
including mandated costs of Renewable Energy and Energy Optimization Plans in
compliance with 2008 PA 295, would result in electric net income of $3.2 million or a
1.13% return on net fixed assets and materials and supplies; and
WHEREAS, first quarter electric retail sales reduction caused by a cooler than normal
summer and reductions in wholesale revenues reflective of the current economic
conditions will negatively affect the Fiscal Year 2010 budgeted net income beyond that
reflected in the original budget projections; and
WHEREAS, the Fiscal Year 2010 Water Utility budget filed with the City of Lansing
would result in a water utility net loss of $6.4 million or a negative 3.53% return on net
fixed assets and materials and supplies; and
Regular Board Mtg.
December 1, 2009
Page 45 of 49
WHEREAS, the current forecast of electric and water net income projection for Fiscal
Year 2010 are losses of $3.8 million and $6.4 million respectively; and
WHEREAS, the Staff proposes implementation of a Renewable Energy Plan Surcharge
to recover the cost of 2008 PA 295 compliance; and
WHEREAS, the 'Staff proposes implementation of an Energy Optimization Surcharge to
recover the cost of 2008 PA 295 compliance; and
WHEREAS, the Staff recommends that the Basic Service Charges for certain electric
rate schedules be increased; and
WHEREAS, the Staff proposes to increase annual water billings by $2.4 million, and
WHEREAS, the proposed rate adjustments will not take effect until March 1, 2010.
RESOLVED, the proposed rate adjustments will be subject to further consideration after
a public hearing is held.
FURTHER RESOLVED, that the Board of Commissioners hereby sets the date of
January 21, 2010 at 5:30 PM for a public hearing to solicit public input on the proposed
rate adjustments. The hearing will be held in the Board of Water and Light offices, 1232
Haco Drive, Lansing. The Corporate Secretary is directed to file with the City Clerk no
later than December 7, 2009 information regarding proposed rate adjustments with an
effective date of March 1, 2010.
Motion by Commissioner Louney, seconded by Commissioner DeLuca to
approve the resolution to set a Public Hearing for January 21, 2010 to
consideration Electric and Water Rates Increases.
Action: Carried unanimously
,:,solution 2
RESOLUTION
Application of Financial Accounting Standard #71 (FAS #71) to Renewable
Energy Plan and Energy Optimization Revenue and Expense.
WHEREAS, pursuant to Resolution #2003-8-3 the Board of Commission requires
management to receive Board approval before any deferrals under FAS 71; and
WHEREAS, the Renewable Energy Plan Surcharge and the Energy Optimization
Surcharge are proposed to be implemented as electric rate schedules on March
1, 2010; and
WHEREAS, the proposed surcharges allow for Board approved levelized rate
recovery of applicable renewable energy plan expenditures and energy
optimization expenditures, including those expenditures already incurred; and
Regular Board Mtg.
December 1, 2009
Page 46 of 49
WHEREAS, as allowed under FAS #71 a regulatory liability account will be set
up for both the renewable energy plan and the energy optimization program; and
WHEREAS, levelized rates for the renewable energy plan and the energy
optimization program will collect customer payments in excess of program costs
in initial years; and
WHEREAS, customer payments in excess of program costs will be recorded as
an increase to the regulatory liability accounts; and
WHEREAS, in later years renewable energy plan and energy optimization
program costs will exceed levelized customer payments; and
WHEREAS, program costs in excess of levelized customer payments will be
offset by amounts withdrawn from the regulatory liability accounts.
RESOLVED, that the Board of Commissioners, as the regulatory body of the
Board of Water and Light, approve, pursuant to the Financial Accounting
Standards (FAS) 71, the appropriate accounting, as described above, for the
renewable energy plan and energy optimization program.
Motion by Commissioner Kramer, seconded by Commissioner Louney to
approve the resolution for the Application of Financial Accounting Standards #71
(FAS71) to Renewable Energy Plant and Energy Optimization Revenue and
Expenses.
Action: Carried unanimously
PesolLrIgn
DELEGATION OF AUTHORITY
RESOLVED, That Board of Water and Light Policy 1-03 "Delegation of Authority" is
hereby amended as follows:
In the General Manager's absence, the officers listed below shall have the
full authority and responsibility for Board of Water and Light (BWL)
operations, in the order in which they are listed, or as otherwise designated
by the General Manager.
1. Assistant General Manager and Chief Financial Officer
2. Executive Director of Electric Operations.
This resolution supersedes Resolution 2007-9-11
Staff Comments: Due to organizational and title changes, this resolution is necessary to
incorporate the new title of Assistant General Manager and Chief Financial Officer
Motion by Commissioner Plummer, seconded by Commissioner Bossenbery to
approve the resolution for the Delegation of Authority.
Regular Board Mtg.
December 1, 2009
Page 47 of 49
Action: Carried unanimously
r?solution
AUTHORITY TO SIGN CHECKS
RESOLVED, That Board of Water and Light Policy 1-01 "Authority to Sign Checks" is
hereby amended as follows:
The signatures of not less than two (2) of the following officers shall be required to sign
checks for the general checking account at National City Bank and the payroll/pension
checking account at Bank of America.
1. General Manager
2. Assistant General Manager and Chief Financial Officer
3. Corporate Secretary
This resolution supersedes Resolution 2007-9-10
Staff Comments: Due to organizational and title changes, this resolution is necessary to
incorporate the new title of Assistant General Manager and Chief Financial Officer.
Motion by Commissioner Zerkle , seconded by Commissioner Plummer to
approve the resolution for the Authority to Sign Checks.
Action: Carried unanimously
Resolution 2009- 2-8
AUTHORITY TO INVEST OPERATING AND PENSION FUNDS
RESOLVED, That Board of Water and Light Policy 7-01 "Authority to Invest Operating and Pen:
Funds" is hereby amended as follows:
RESOLVED, That the General Manager andlor one of the following
designated representatives in the sequence listed below, shall be authorized
to invest operating and pension funds in such securities as permitted by law
and to purchase, sell, sign and endorse for transfer, certificates representing
said securities and invested in the name of the Board of Water and Light (BWL):
1. Assistant General Manger and Chief Financial Officer
This resolution supersedes Resolution 2007-9-12
Staff Comments: Due to organizational and title changes, this resolution is necessary to
incorporate the new title of Assistant General Manager and Chief Financial Officer.
Regular Board Mtg.
December 1, 2009
Page 48 of 49
Motion by Commissioner Lain, seconded by Commissioner Plummer to approve
the resolution for Authority to Invest Operating and Pension Funds.
Action: Carried unanimously
UNFINISHED BUSINESS
None
NEW BUSINESS
None
RESOLUTIONS
t3oluaioii 200Y-
BOARD MEETING SCHEDULE
In accordance with the Board's Rules of Administrative Procedure, a schedule of
dates, places, and times for each regular meeting of the Board of Commissioners
for the calendar year shall be adopted in November.
RESOLVED, That regular meetings of the Board of Commissioners are hereby
set for calendar year 2010 as follows, unless otherwise notified or as a result of
date conflicts with rescheduled City Council meetings:
2010
Tuesday January 26
Tuesday March 23
Tuesday May 25
Tuesday July 27
Tuesday September 28
Tuesday November 23
Meetings will be held in the Board Room located in the Board of Water and Light
Customer Service Center, 1232 Haco Drive, Lansing, at 5:30 p.m.
RESOLVED FURTHER, That a notice of the meeting schedule be published in a
newspaper of general circulation in Ingham County the week of January 3, 2010.
-----------------
Motion by Commissioner Lain, seconded by Commissioner Bossenbery to
approve the resolution setting the 2010 meeting dates schedule.
Action: Carried unanimously
Regular Board Mtg.
December 1, 2009
Page 49 of 49
MANAGER'S REMARKS
General Manager Lark stated the Board of Water & Light is the signature sponsor
for the Silver Bells in the City. He said the event was a success and very well
attended.
COMMISSIONERS' REMARKS
Commissioner Peter Kramer thanked the General Manager and his staff for a
great year of hard work.
General Manager Lark stated that working with the Board has been very pleasant
this year and we thank you.
Commissioner Marilyn Plummer thanked the General Manager and the
Administration for the great job with the Silver Bells in the City event. She said it
was a pleasant experience.
EXCUSED ABSENCE
On Motion by Commissioner Lain, seconded by Commissioner Kramer to
excuse the absence of Commissioner Tracy Thomas.
Action: Carried unanimously.
PUBLIC COMMENTS
There were no public comments.
ADJOURNMENT
On Motion by Commissioner Lain, seconded by Commissioner Kramer, the
meeting adjourned at 6:00 p.m.
M. Denise Griffin, Corporate Secretary
Filed with Lansing City Clerk
December 11, 2009
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bernero
DATE: February 4, 2010
RE: OPRA Application- 906 an 911 E. Shiawassee
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer"
Memorandum
To: Bob Johnson, Planning and Development Director
CC: Brian Anderson, Lansing EDC
From: Andrea Ragan, Talent Retention Director, Lansing EDC
Date: 2/3/2010
Re: 906 & 911 E. Shiawassee OPRA Application
Attached you will find the following:
906 & 911 E. Shiawassee OPRA District
906 & 911 E. Shiawassee OPRA Certificate
1
Haft EL)
January 18, 2010
- 3i JA N 2 2010
Lansing City Cleric
City Hall ECONOMIC DEVELOPIViENT
124 West Michigan Ave.
Lansing, MI 48933
Re: Obsolete Property Rehabilitation Act District Application
906 & 911 E. Shiawassee
General Project Description
The undersigned applicant, being the owner of the above properties, hereby requests the
establishment of an OPRA District covering those properties. The 906 & 911 E. Shiawassee
Properties (built in the 1960's) have been neglected for approximately 20 years. The applicant is
currently the owner (as of jam 5, 2010) of the properties and intends to improve these "blighted"
properties to ensure the long range viability of these properties and the surrounding community.
The applicant will also make significant improvements to the properties' landscaping and
exterior appearance. Additionally, the applicant plans to incorporate many "Green"
improvements, including but not limited to: solar powered lighting, high R-value insulation, E-
saver windows, high-E appliances and updating boilers with energy saving digital controllers.
The renovation process would include both exterior and interior features resulting in a uniquely
affordable and inviting housing opportunity. An important target market will be Lansing's
growing demographic of urban professionals and those attending local colleges.
District Establishment Purpose
In an effort to maximize the utility value of these "blighted" buildings, the applicant is
committed to provide high quality, affordable, and aesthetic apartments. In that context, and as
more fiilly detailed below, the owner 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 development. It would allow the applicant to create an
increase in affordable living and set a positive new standard for maintenance and landscaping in
the immediate neighborhood. All this will occur only a few short blocks from an area of Lansing
looking to accelerate its redevelopment process. This inducement would greatly ease the
financial and logistical challenges of the renovation undertaking while creating and expanding
housing opportunities in the downtown Lansing area.
Community Benefits
Redevelopment of the 906 & 911 E. Shiawassee properties would provide numerous benefits to
the City. While the specific facilities would undergo considerable renovation, the entire area
would benefit from the added aesthetic and new living options. The OPRA designation will
allow the applicant to attract new tenants and allow him to show his commitment to the
surrounding community. The new owner has a long standing philosophy, and proven track
record, of being a beneficial and productive participant towards the enrichment experience for
the community. The completion of this project should also generate added interest in renovating
similar properties throughout Lansing. This project will be an example to other owners to
improve their properties, to pursue unique housing options and better service community
sensitive endeavors.
Basis of Eligibility
As to the eligibility of this project under the OPRA legislation, investigation of the property and
the utilities currently available to the site qualify it as "functionally obsolete" under the
definitions set forth in Public Act 381 of 1996 MCL 125.2652 Section 2 part (e) section (i) Has
been declared a public nuisance in accordance with a local housing, building, plumbing, fire, or
other related code or ordinance. (ii) Is an attractive nuisance to children because of physical
condition, use, or occupancy.
Pro j ect Costs and Phasing
The OPRA tax abatement is a si gnificant component of the funding of this project. The
petitioner has estimated the renovation costs at $ 260,000. Renovations are scheduled to be
completed by July 31, 2010. The renovation estimate includes:
Demolition, HT/.A C, Electrical, Plumbing, Carpentry, etc. of below:
Update furnaces $10,000
Windows/Insulation $70,000
Parking lot $40,000
Landscaping $11,000
Facade /building exterior $25,000
Solar Power systems $20,000
Interior improvements $52,000
Mold abatement $12,000
Energy efficient appliances $20,000
Plus architectural drawings, permits, etc.
Property Taxable Value and Legal Description
This proposal covers two lots in the central Lansing area which are listed under the single
address of 906 & 911 E. Shiawassee, in the City of Lansing's Assessment records. Specifics on
this property are as follows:
906 and 911 E. Shiawassee St.
Owner's Name: Shiawassee Holdings LLC
Sq Feet of Building: Approximately 5340 + 11187 = 116,527
Tax ID Number: 33-01-01-15-152-261 and 33-01-01-15-104--161
Tax Value: $83,100 +$ 228,600 (2009)
SEV Value: $83100 +$ 228,600 (2009)
Legal Descriptions:
911: LOT 30 BLOCK 2 ASSESSORS PLAT NO 7
906: LOT 6 & 7 ASSESSORS PLAT NO 4
Thank you in advance for your assistance and consideration in this matter.
Sincerely,
Frederick P Hammond
Managing Member, Shiawassee Holdings LLC
VP
^ C E N-
Michigan Department of Treasury
3674 (Rev. 3-07)
JAN 2 0 2010
Application for Obsolete Property Rehabilitation Exemption Certificate
This form is issued as provided by Public Act 146 of 2000, as amended. This application should be filed after the district is establishddi til -djeeE ii . i bo{MEt^ CO
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 see
State Tax Commission Bulletin 9 of 2000 for more information about the Obsolete Property Rehabilitation Exemption. The following
must be provided to the local government unit as attachments to this application: (a) General description of the obsolete facility (year
built, original use, most recent use, number of stories, square footage); (b) General description of the proposed use of the rehabilitated
facility, (c) Description of the general nature and extent of the rehabilitation to be undertaken, (d) A descriptive list of the fixed building
equipment that will be a part of the rehabilitated facility, (e) A time schedule for undertaking and completing the rehabilitation of the
facility, (f) A statement of the economic advantages expected from the exemption. A statement from the assessor of the local unit of
government, describing the required obsolescence has been met for this building, is required with each application. Rehabilitation may
commence after establishment of district.
Applicant (Company) Name (applicant must be the OWNER of the facility) r-
SN/A 4ssb #0a-/NGS . e.
Company Mailing address (No. and street, P.O. Box, City, State, ZIP code)
.22,3 0 R 6Y rno^ bL 4,v s , M I DCa
Location of obsolete facility (No. and street, City, State, ZIP Code) i•,, „"
clo d- 9 // E ; SMIA ws^ s s , L A A.) 5''.t el-) / S / c`,
City, Township, Village (Indicate which) County
/7 - LA/vs AA> L
--A>c,i/A i i
Date of Commencement of Rehabilitation (mm/dd/yyyy) Planned date of Completion of Rehabilitation School District where facility Is located . tinclud"eschool 'soda)
(mmlddlyyyy)
A P^^- (
. .2, 0 / a ^yi+jt^ ^^
J A t d) "^ .t' c) f I r t,
Estt tad Cost of Rehabilitation o-t, Number of years exemption requested Attach Legal description of Obsolete Pfoperty-on separate
- pZ de C) ."r et,
et sheet =
Expected project likelihood (check all that apply):
Increase Commercial activity n Retain employment X
Revitalize urban areas
Create employment Prevent a loss of employment Ixl Increase number of residents in the
community in which the facility is situatedd^
Indicate the number of jobs to be retained or created as a result of rehabilitating the facility, including expected construction employment
Each 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 the
following box if you wish to be considered for this exclusion.
X
APPLICANT'S CERTIFICATION
The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no information contained
herein 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 being
submitted. 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, as
defined by Public Act 146 of 2000, as amended, and that the rehabilitation of the facility would not be undertaken without the applicant's receipt
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 to the
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 the approval
of the application by the local unit of govemment and the issuance of an Obsolete Property Rehabilitation Exemption Certificate by the State Tax
Commission.
Name of Company Officer (no authorized agents) Telephone umber Fax Number
FP- ^ D !-^A /n e.b e.) b C St l) I-! C 5 - 5 $ 00 C sf 7) 5 - f . -7
Mailing Address Email Address
© 2A /^roN^ L ^NS,,,^ ^ ^/ `l o C^ i^')rY ioD o,
Signature of Company Officer (no authorized agents) Title
^.--_ /Y/4ti ,ftn./ 4 ;7rt^3 C
LOCAL GOVERNMENT UNIT CLERK CERTIFICATION
Clerk must also complete Prf s 1, 2 and 5 on Pa s e 2. Parts 3 and 4 are to be completed by the Assessor.
Date application reieived
FO. R STATE.TAX,COMMISSION:;USE .:..,,
Application Number Date Received LOCI Code
Legal Description of Obsolete Property
Parcel 1:
Lots 6 and 7, Assessor's Plat No. 4, City of Lansing, Ingham County, Michigan, as
recorded in Liber 10 of Plats, Page 6.
Parcel 2:
Lot 30, Block 2, Assessor's Plat No. 7, City of Lansing, Ingham County, Michigan, as
recorded in Liber 10 of Plats, Page 8.
Owner:
Shiawassee Holdings, LLC
Contact: Fred Hammond
2230 Raymond
Lansing, MI 48906
(517) 485-5800
Form 3674, Page 2
LOCAL GOVERNMENT ACTION
This 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 of
the resolution which approves the application and a separate statement of obsolescence from the assessor of record with the State Assessor's Board.
All sections must be completed in order to process.
PART 1: ACTION TAKEN
Action Date:
Exemption Approved for Years, ending December 30, (not to exceed 12 years)
Denied
Date District Established LUCI Code School Code
PART 2: RESOLUTIONS (the following statements must be included in resolutions approving)
A statement that the local unit is a Qualified Local Governmental Unit. A statement that the application is for obsolete property as defined in
A statement that the Obsolete Property Rehabilitation District was legally section 2(h) of Public Act 146 of 2000.
established including the date established and the date of hearing as A statement that the commencement of the rehabilitation of the facility
provided by section 3 of Public Act 146 of 2000. did not occur before the establishment of the Obsolete Property
Rehabilitation District.
A statement indicating whether the taxable value of the property proposed
to be exempt plus the aggregate taxable value of property already exempt A statement that the application relates to a rehabilitation program that
under Public Act 146 of 2000 and under Public Act 198 of 1974 (IFT's) when completed constitutes a rehabilitated facility within the meaning of
exceeds 5% of the total taxable value of the unit. Public Act 146 of 2000 and that is situated within an Obsolete Property
Rehabilitation District established in a Qualified Local Governmental Unit
A statement of the factors, criteria and objectives, if any, necessary for eligible under Public Act 146 of 2000 to establish such a district.
extending the exemption, when the certificate is for less than 12 years.
A statement that the application was approved at a public hearing as A statement that completion of the rehabilitated facility is calculated to,
provided by section 4(2) of Public Act 146 of 2000 including the date of and will at the time of issuance of the certificate, have the reasonable
the hearing. likelihood to, increase commercial activity, create employment, retain
employment, prevent a loss of employment, revitalize urban areas, or
A statement that the applicant is not delinquent in any taxes related to the increase the number of residents in the community in which the facility is
facility. situated. The statement should indicate which of these the rehabilitation
If it exceeds 5% (see above), a statement that exceeding 5% will not have is likely to result in.
the effect of substantially impeding the operation of the Qualified Local
A statement that the rehabilitation includes improvements aggregating
Governmental Unit or of impairing the financial soundness of an affected
taxing unit. 10% or more of the true cash value of the property at commencement
of the rehabilitation as provided by section 2(1) of Public Act 146 of
A statement that all of the items described under "Instructions" (a) 2000.
through (f) of the Application for Obsolete Property Rehabilitation A statement of the period of time authorized by the Qualified Local
Exemption Certificate have been provided to the Qualified Local Governmental Unit for completion of the rehabilitation.
Govemmental Unit by the applicant.
PART 3: ASSESSOR RECOMMENDATIONS
Taxable Value and State Equalized Value of Obsolete Property, as provided in Public Act 146 of 2000, as amended, Section 6(2)c...taxable value of the
obsolete property, separately stated for real and personal property, for the tax year immediately preceding the effective date of the certificate (December
31st of the year approved by the STC)...
Taxable Value State Equalized Value (SEV)
Land
Building(s)
Name of Local Government Body Date of Action on application Date of Statement of Obsolescence
PART 4: CLERK CERTIFICATION
The undersigned clerk certifies that, to the best of his/her knowledge, no information contained herein or in the attachments hereto is false in any way.
Further, the undersigned is aware that if any information provided is untrue, the exemption provided by Public Act 146 of 2000 may be in jeo pardy.
Name of Clerk Clerk Signature Date
Clerk's Mailing Address City State ZIP Code
Telephone Number Fax Number Email Address
Mail completed application and attachments to: State Tax Commission
Michigan Department of Treasury If you have any questions, call (517) 373-3272.
P.O. Box 30471
Lansing, Michigan 48909-7971
For guaranteed receipt by the State Tax Commission, it is recommended that applications and attachments are sent by certified mail.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bernero
DATE: February 4, 2010
RE: ACT-3-2009 and ACT-7-2009- Easements for Groesbeck Drain
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer"
DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N. CAPITOL AVENUE *LANSING, MI 48933-1236 ffi (517) 483-4066 tl FAx: (517) 483-6036
PLANNING OFFICE
316 N. CAPITOL AVE., SUITE D-1
November 3, 2009
Honorable Mayor Virg Bernero
Ninth Floor, City Hall
Lansing, MI 48933-1694.
RE: Acts-3 and 7-09, Easements for Groesbeck Drain,
Dear Mayor Bernero:
In two separate meetings, the Planning Board unanimously recommended approval of a 2-part proposal by the
Ingham County Drain Commission (ICDC) that the City grant easements for Groesbeck Drain improvements on
City property:
Act-3-09 involves easements within David Street, Bancroft Park, and the Groesbeck Golf Course for storm
drain facilities, including water detention ponds which will be included as water features within the golf course
and park. This concept received the support of the Parks Department and Board, and on April 7, 2009, the
Planning Board voted unanimously (6-0) to recommend approval of easements for these improvements.
Act-7-09 involves easements within Lansing Board of Water and Light property on Lake Lansing Road in
Lansing Township. These easements are for storm drainage facilities to carry storm water from the northeast,
primarily Lansing Township, to David Street and the golf course, where it will be treated by natural means in the
retention ponds, and ultimately discharged into the Grand River through an existing storm drain. This concept
is supported by the LBWL, and on October 6, 2009 the Planning Board voted unanimously (4-0) to recommend
approval of easements for these improvements,
The Planning Board review was conducted as the procedure to evaluate the public purpose of the proposal,
and its effect on City operations, Based on this review, the Board found that:
• The storm water improvements will enhance the golf course, and be designed by a golf course
design professional.
These easements are necessary for the Drain Commission to construct and maintain the storm
water system, and to filter storm-water runoff containments in a low-impact, environmentally
friendly way.
• The proposed easements would improve drainage of Lake Lansing Road.
• The Groesbeck Park Drain District would be responsible for the maintenance of the drain and the
associated improvements.
Following your review of this matter, please refer this case to City Council for its consideration.
Sincerely,
William C. Rieske, Secretary
Lansing Planning Board
em, Equal Opportunity Employer
, Please recycle
l`
DEPARTMENT OF PLANNING AND
NEIGHBORHOOD DEVELOPMENT
316 N. CAPITOL AVENUE • LANSING, MI 48933-1236 • (517) 483-4066 • Fax; (517) 483-6036
PLANNING OFFICE
316 N. CAPITOL AVE., SUITE D-1
TO: Planning Board
FROM: Bill Rieske
DATE: April 3, 2009
RE: Groesbeck Drain - Easement Revisions
The Planning Board reviewed and recommended approval of easements through Groesbeck
Golf Course and Bancroft Park (Act-14-06) and the Board of Water and Light property
immediately to the north (Act-4-07). The request has changed during the course of negotiations
for these properties, necessitating a new review of each of these easements.
We are awaiting full information and completed applications for these reviews. Attached are
diagrams and the legal descriptions that we've received thus far. We will of course forward the
additional information after we receive it.
Many thanks for all your work)
Equal Opportunity Employer
%All Please recycle
Planning Board Minutes April 7, 2009 Page 4 of 8
1. Minutes for Approval: March 17, 2009
The minutes of March 17, 2009 were approved without objection,
with the correction that on page 1, "B. Williams" is changed to "Mr.
Williams".
B. Committee Reports
1. Zoning and Ordinance Committee, Mr. Ruge
Next meeting, Wednesday, April 15, 2009,.at 4:00 p.m.,
316 N. Capitol Ave., Department Conference Room
2. URBAN DEVELOPMENT COMMITTEE, Ms. Cordill
Next meeting, Tuesday, April 28, 2009., at 4:00 p.m.
316 N. Capitol Ave., Department Conference Room.
3. COMMITTEE OF THE WHOLE
4. EXECUTIVE COMMITTEE
Old Business - None
D. Pending Itenis: Future action required
1. Zoning and Ordinance Committee
2. Urban Development Committee
a. Master Plan Project
3. Committee of the Whole
a. SLU-5-2008, 528 N. Pine Street
4. Planning Board
8. NEW BUSINESS
A. Groesbeck Drain Easements
Mr. Rieske stated that there was a proposal for easements in Groesbeck
Park in 2006. Since that time, there have been some issues that require
changes to the easements. He said that the exact location of the
easements still needs to be determined, however, the Parks and
-_Recreation-Board_has_recamme,n_ed^tKat=tthee=eas:em:e:nA srtrve}+n9 & temps eshl a tenches SHEET 'I OF2
• sutra C • 1-ws)NM, MI 48811 • 1117.867,11CO
0188 SOVEn&IoN Ce,
02/08/09
FHA I PROJECT NO. 02058.OC
EXHIBIT "B"
PARCEL NUMBER; 33-01-01 226-011
33-01-01-226-001
33-01-01-204-001
PROPERTY OWNER; CITY OF LANSING
PROPERTY ADDRESS: GROESBECK GOLF COURSE
1800 ORMOND ST.
LANSING, MI 48906
LOTS 16&16 ASSESSOR'S PLAT NO. 50
• DAVID STREET
LANSING, MI 48906
BANCROFT PARK
1330 OTTO ST.
LANSING, MI 49806
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANSING, MI 48933 NORTH LINE SECTION 10
EASEMENT RO.B,
589°52W 119825' _--J DAVID ST. \
N59 '' .
(66' ROU1)
123.75 NORTHEAST CORNIER CF OEGTION 10
ll b i
L1TI4 R.O.W. LINE TOWN 4 NORTH, NANO E 2 WEST
CITY Or LANSING, INOHAM COLWI Y, MI
116 14 13 .121114 9
+
8
ASSESSOR'S PLAT N050
N89°52'E LIBER12 PAGE42
27.5
\
T. NBB°52'E I I ,L
t 415.0'
BANCROFT PARK GROESBECK GOLF COURSE
CITY OF LANSING r \ CITY OF LANSING UI
s 5:T
CJ
NBB°52'E
115.0' ,• /1
FLOOD \
C EV, 885 1
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589'52W
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: ITZGERALD HENNE
& ASSOCIATES, ING.
DIPAI g)) Ii 1, ^, euvB IS5 & I6OdBOepa eroldmc 'r BDCW108e SHEET 2 OF 2
3126 BOVIVINION OR, • BURR O • LANEINO, MI 48811 •617.897,1100
SCALE 1 0=e2.00 ' FI-IAI PROJECT NO. 02056.00' 02/06/09
" C er
EXH S T
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
1330 OTTO ST.
LANSING, MI 49806
OWNER'S ADDRESS: CITY OF LANSING
.318 N, CAPITOL
LANSING, MI 48933
PARCEL DESCRIPTION:
Groesbeck Golf Course" Bancroft Park
60 foot Easement for
Overflow Pipe
A 60 foot wide drainage easement that Is part of the Northeast '/a 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; thence S89°52'W
1385,5 feet along the north line of said section to a point on said section line;
thence S00°08'E 881.0 feet to the centerline of the east end of this description, the
west side of the Groesbeci,Golf Course Holding Pond and the POINT OF
BEGINNING of this description, Said 6D foot wide description is 30 feet either side
of the following described centerline; thence N 80°00" W a distance. of 220.0 feet to
the east bank of the Overflow Pond and the POINT OF ENDING containing 0.30
acres, more or less, Said easement's northerly and southerly lines are intended to
extend from the Holding Pond's waters edge to the Overflow Pond's waters edge,
FITZGERALD) HENNE
G,ASSOCIATES, NC.
wivk nnmaMal, anglIlenrklg, 0 S. IMPe o SHEET 1 OF 2
G12 ZOVOFtt'leN PFI.. aUfl1 P P. L.WaING, MI 4ea11 • C77.887'.110O
FHA PROJECT NO, 02056.00
EXHIBIT ° ' C "
PARCEL NUMBER: ' 33-01-01-204-001
PROPERTYOWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
133O0 110 ST.
LANSING, MI 49806
OWNER'S ADDRESS: , CITY OF LANSING
318 N, CAPITOL
LANSING, MI 48933
NORTH LINE SEOTION 'I DAVID 'ST,
(Su, ROW)
SEC,
A- - qa n-m 13850
8E0.10
--4-9.- 1 SEC. li
NORTHM00KNER OF SECTION I
\\-SOUTH RAW. LINE TOWN 4 NORTH, RANGE 2 WEST
CITY OF LANSING
INGHAM COUNTY, MI
BANCROFT PARK
CITY OF LANSING -ow
GROESBECK GOLF COURSE
60 FOOT EASEMENT FOR
OVERFLOW PIPE P.O.E.
SHEET 2 OF 2
SQA^Ei 1 "-200 '
nrD"
EXHIBIT
PARCEL NUMBER; 33-01-011-204-001
PROPERTY OWNER; CfTY OF LANSING
PROPERTY ADDRESS; BANCROFi' PARK
,1330 OTTO ST.
LANSING, MI 49806
OWNER'S ADDRESS: 'CITY OF LANSING
318 N, CAPITOL
LANSING, M148933
Groesbeck Golf Course 1 Bancroft Park
Overflow Pond end Embankment Easement
An easement that is part of the Northeast tl 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; thence S89°52'W 1595,4 feet along the north
line of said section to a point on said section line; thence S 00°08' E 341:0 feet to the
POINT QF BEGINNING of this description; thence continuing S 00°08' E a distance
of 372,0 feet; thence S 89052' W a distance of 190,0 feet; thence N 00°08' W a
distance of 130,0 feet; thence S 89°52' W a distance of 80,0 feet; Thence N 00°08' W
a distance of 242,0 feet; thence N 89°52' E a distance of 270.0 feet to the POINT OF
BEGINNING, containing 2.07 acres, more or less. .
' W 57.00 Rest
thence 8arr'55'4C"W 825.54 tut; tenon 41'56'3.P1'y 886,74 bet than= 840'01'30''W 10.00 fort;
1
thence N40'W5'35"W 110.00'Mai villa eauthaaxtarly . rtgtst•oi•uraylino & Lake tsnaing Road; thence
along sold line it149`OS '30"E 50.00 nor, men= s4a.tiec'3o"E'72120 for thence N8 5540"E 1017.76
1m M 0 grunt on Yt owest line of the Superviso rs Pttd of ideal Gorden Farms, as recorded In Libor 12
of•RlaIn, Raga 60, bloom County records; thence along said line SS00'04'20'E 745.01 fast to the north
ri ihl.c away r a w -of i]i£uid as'1nmat; thpnoo along 3L+1ti line Mir "'2'00"W 34t.£9 * n o t t to 2tm Point of
Ds Inning, contnlrting. 4.83 scree, more or fess and subject to all easements and restrictions of
racard, ff any.
ST_ORNI•DR.AIN ACCESS,. INGRESS AND EGRESS EASEMENT :
an a.
That pnrl. or the South Ir. of Snctian2,Tnvm.4:North, -ltarngal Wag, Lamina Towns&hiP,
County, Miehlgan, cammenclen Attila South •y5 narnernf cold ;,ectiarn thane along the south section
line of said section N89'52'U0'' c 1222,62 lea l; •.t auce 1,1II0`04'20'.'W 3100 foot to thenari:n rigid-a Twiny
line of David Street; then=+ 5''Oe'20"F 215.50 feat; then= N1;'19A0."E 123.56 foot; thonco
1
N00'04'20"E 381:.22 hay t once N8t'38'48"W 40.97 feat to the Point. of Beginning ofThir doccription;
thence 380''50'40TW 842.71 fe.y thence M40 .5C'30"W 422.31 feet; thence N48'01'30" E 10.00 fee;
thine 340.5E'30"E 418.74 fee thence N0.0"5S'44t"E 6255.54 feet thence &SI•38'46 E 18.00 feet to the
Point of Beginning, aorrtainirig C 29 acres, more or less and subject to all sanementa and restrictions
of record, If any.
SHEL=T 1 OF 3
06-15.-09
FHAI # 0205t3.Or
EXHIBIT "A"
PARCEL NUMBER: 33-21-01-03-481-005
OWNER: Lansing Board of WateW and Light
PROPERTYADDRESS: 1500 Lake Lansing Road, Lansing, Michigan 48912
OWNERS ADDRESS: 1232 Hsco Drive, Lansing, PiSchigan 48912
L ,ci'42' OO "E
51.00'
East line of Wiettvia Park Suadividicn,
\-- ad rocsrdcrf In Lihm- at Pratt,eh
Page 2. Indtiam Ca,imity recartu.
1,1451041.20 "E ;
T 353.DD 1222E2'
89'2D 1.30" Sonic Um of Simtion laa Yld Slrocl
South i Comes, OD'Do, David Street
N33.eD-W
Set. 3, UN, R2W.
Lancing Tim.
Ingham Co. Michigan
HENNA
'S.. . SOCIATES, INC
. . . ...
emd'on.rasra,raide reeds odkedynsi.
' welded SHEET 2 OF 3
S.''AMEMS OR. •surns L.:ewes. mi ACl11 amescrAma
05-15-09
FHA1 02056.M
EXHOBET "A"
PARCEL NUMBER: 33-21•01-03-481-008
OWNER: Lansing Board) of Water and Light
PROPERTY ADDRESS: 1500 Lake Lansing Road, Lansing, Michigan 45012
OWNER'S ADDRESS: 1232 Haco Drive, Lansing, MWilgan 48912
torilne
/ f Rk4 t:( 'g
-750 oa d ):
Ro
S40'40'30
(, 1.14a'0130"E
25.0 50.0C'
■iD.00'
\v.*,
oo-:.Iwr' tr.
zz.dui
Sou;iiao t'nr9y [ 031:} ,o.
`-°^G3
zo FL'
L5§9'42'00''E
51,.DO'
\,. ji,lot Jim of Wieland Pork
av. raptfoioti in Libor 7 Of Mott. on
Pogo VA Ynaham Cato lty . rr-coran,
TT r"
N14-19 ' 40''It
12348'
' ogo 4, inghgm DOL41;y ftt'affN,
p 215:56 '
-
353.00' / hI80'52 '00''S 1222.,t12'
10 3923 '00- yl Swill Line David Stai d;
PIDD'DqD'W.-d Worth lino
South i Coma, 33.00 David Street
Sr 3, T4tt, R2W,
Lansing Two.
Ingham Co. Michigan
44.
HEN
&. ii=
aiiiama.l.migimeiv.ohrmOse 4 indoisoval anseteniensasoemea SHEET 3 OF 3
MIOO WOV*WOON DFL ..Urfa M, WWI 11 OTAI7.1O
05-1S-09
FtLAI # 02056.00
^X N1^fT 3
Legal description for the Alternate refarenced in easement document
Commencing at the'/ Corner common to Sections 3 & 10, T. 4 N., R. 2 W, Ingham
County, Michigan; thence along the south line of Section 3 N 89°29' W 353 ft. to the
southeast corner of Wieland Park Subdivision; thence along the east line of Wieland Park
Subdivision N 00°18' E 757,80 ft.; thence S 89°42' E 51 ft.; thence N 00°18' E 295.16 ft. to
the centerline of Lake Lansing Road; thence along said road centerline N 49°01'30" E
455.24 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. to
the Easement Area Point of Beginning.
6Lt,q:1c; wit. r!m:,.-.:il E2 r;! 'N.‘;i' of
.1o, t 14. 2'5;3 3 (Pufle•
1 S*ittIr.,q P',m.th:;,
W&itii' or!d &iltvtd
EWL POLICY CONCERNING REAL PROPERTY MATTERS
17-01 Easements Granted To Governmental Entities
The General Manager is authorized to release or grant easements with other governmental entities where
the stated value does not exceed $10,000.00, subject to the applicable provisions of the Lansing City '
Charter,
W4li.Ulik&LI HT
(Resrlr ron 2`0p B
Approval of Sale of .a Portion of the North Lansing
Landfill Property to the Groesbeck Drain Drainage District
RESOLVED, that the Board of Commissioners hereby declares surplus
approximately ten acres on the southeasterly portion of the North Lansing Landfill
property (the Parcel), leaving approximately thirty acres remaining in BWL hands.
FURTHER RESOLVED, that the Board of Commissioners approves the sale of
the 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 strip
along the property to install a detention system; this easement would
allow 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 NPDES
permit into the Drain for a one-time fee of $100;
4. On the easement property, the District will bear all liability and
indemnify the BWL against any liability loss or expense arising in any
way from the District's use of the easement;
5. There would be no additional detention required on the remaining thirty
ages;
6. The District will limit its design to use a pipe in the existing roadbed
area 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 the
road and the District will pay proportionate maintenance costs;
7. The District shall construct and maintain a fence separating the Parcel
from the remaining property;
8. The BWL would retain the right to use the Parcel for monitoring wells
and electrical and water distribution system in a manner that does not
canfl ict_with_th.e_Di strict_s_us_a;
9. The District will bear the cost of capping the water facility on the Parcel
at the main and removing the equipment. The equipment shall be
returned to the BWL.
FURTHER RESOLVED, that the BWL will obtain a new appraisal on the entire
40 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. wetlands
and detention. The new appraisal must demonstrate that the incremental
increase in the value of the remaining thirty acres exceeds any incremental
increase, exceeding $200,000, in what the ten-acre parcel would be appraised at
for highest and best use. If the appraisal does not so demonstrate, the
Commissioner's approval is stayed for further evaluation.
FURTHER RESOLVED, that a Purchase and Sale Agreement memorializing
these terms shall be sent to the Lansing City Council for approval.
Motion by Commissioner Calkins, seconded by Commissioner Rios, to adopt
Resolution 2006-5-1 regarding approval of the sale of a portion of the North
Lansing Landfill property to the Groesbeck Drain Drainage District.
Action: Carried unanimously.
CERTIFICATION
I, M. Denise Griffin, Corporate Secretary of the Lansing Board•of
Water and Light, hereby certify that the foregoing is a true and
complete copy of Resolution #2006-5-1 adopted by the Board of
Water and Light Commissioners of the City of Lansing, Michigan, at
a regular meeting, held on the 23rd day of May, 2006. A quorum
was present and notice of said meeting was given in accordance
with the Open Meetings Act. This resolution is still in full force and
effect.
Certified this 6th day of November, 2009.
- ar2)..+j.L--.
M. Denise Griffin
Corporate Secretary
Lansing Board of Water & Light
AGREEMENT FOR GROESBECK PARK DRAIN,
DRAINAGEEASEMENT
'GROESBECK DRAINAGE EASEMENT "
City of Lansing, a Michigan municipal corporation, whose address is 124 West Michigan
Avenue, Lansing, Michigan 48933 ("GRANTOR"), for and in consideration of the benefits stated
herein, grants an easement for the construction, operation, maintenance and improvement of
a 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, 707 Buhl, Mason,
Michigan 48854 ( "GRANTEE"). Both the GRANTOR-owned property and the Easement 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 located
in 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 2
West, City of Lansing, Ingham County, Michigan.
3301-01-10-226-001 (abuts David St. north of golf course):
Lots 15 & 16 Assessor's Plat No. 50
Liber 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 along
West line of Wood Street to North line of East Grand River Avenue, West along North
line East Grand River Avenue to SE corner Assessor 's Plat No. 2, North to NE Corner said
plat, West to NW cdrner said plat, North along North & South 1/8 line to point due West
of Beginning, East to Beginning; Sec. 10, T4N R2W.
-3ard-parcels-are-subjTc -ilTrtility =ea-seme-nts=a.nd=restrictions=of=recor-d-ifsriy-.
TPa
1
EASEMENT AREA (collectively, the "Easement Area," and individually referred to as Easement
Area A, Easement Area B, Easement Area C, and Easement Area D).:
Easement Area A
Groesbeck Golf Course
David Street Control Structure
50 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 Section
1D 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 said
Section 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 foot
wide description is 25 feet either side of the following described centerline; thence S O0 208'00 " 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 of
David Street and the POINT OF ENDING, containing 0.03 acres, more or less. Said easement is intended to be
contiguous 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 and 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 10; thence
S89°52'x/ 1196.25 feat along the north line of said section; thence S00°08'E 33:0 feet to the south
right-of-way line of David Street and the north corner common to Lots 15 and 16 of Assessor's Plat No. 50
and the POINT OF BEGINNING of this description; thence along said right-of-way line N89°'52 "E a distance
of 123.75 feet to the northeast comer of:said Lot 15; thence along the east line of said lot S00°12'E a
distance of 264.00 feet to the southeast comer of said id also teeing the south role of said plat; thence along
said line N89°52'E a distance of 1039.5 feet to the west right-of-way line of Wood Street also being the
southeast corner of said plat; thence along said line $00°12'E a distance of 310.0 feet; thence S89'52 W a
distance of 470.0 feet thence S0D ` 12E "a distance of 785.0 feet; thence S89°52W a dlstartoe of 960.0 feet;
thence N.00°12W a distaitoeof 870.0 feet thence N89°52'E a distance of 143.0 feet; thence N00°12'W a
distance of 225.0 feet to the southwest comer of Lot 16 of said plat; thence along the west line of said lot . .
NOO°12'W a distance of 284,0 feet to the north line of said plat also being the south right- of--way line of
.
David Street thence along said line N89°52'E a distance of 123.75 feetto the north corner common ta'Lots
15 and 16 and the POINT OF BEINNfNG; containing 28.24 acres ., more or less. Subject to all easements
and-restrictlons-of-racorclif-any. . .
See attached "Exhibit B" drawing
Showing the Easement Area
2
' Easement Area C
Groesbeck Golf Course / Bancroft Park
60 foot Easement for
Overflow Pipe
A 60 foot wide drainage 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;
thence S89°52'W 1385.50 feet along the north line of said section to a point on said section line; thence S 00° 08'
E 681.0 feet to the centerline of the east end of this description, the west side of the Groesbeck Golf Course
Holding Pond and the POINT OF BEGINNING of this description. Said 60 foot wide description is 30 feet either
side of the following described centerline; thence N 80200' W a distance of 220.0 feet to the east bank of the
Overflow Pond and the POINT OF ENDING containing 0.30 acres, more or less. Said easement 's northerly and
southerly lines are intended to extend from the Holding Pond's waters edge to the Overflow Pond's waters
edge. 0
- See attached "Exhibit C" drawing
. Showing the EasementA rea
Easement Area D
Groesbeck 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; thence
S89°52'W 1595.0 feet along the north line of said section to a point on said section line; thence S 00°08' E 341.0
feet to the POINT OF, BEGINNING of this description; thence continuing S 00208' E a distance of 372.0 feet;
thence S 89252' W a distance of'190.0 feet; thence N 00208' W a distance of 130.0 feet; thence S 89252' W a
distance of 80.0 feet; thence N 00 208' W a distance of 242.0 feet; thence N 89252' E a distance of 270.0 feet to
the POINT OF BEGINNING, containing 2.07 acres, more or less.
See attached "Exhibit D" drawing
Showing the Easement A rea
1.. TITLE: GRANTOR has .good and marketable title to the Easement Area as legally
described above, subject to the Ingham County Road Commission's rights to and jurisdiction
over the David Street Right of Way as a borderline street as well as an easement previously
granted to the Ingham County Road Commission and acknowledged by GRANTEE, and all other
utility easements and restrictions ' of record.
2. . .GRAN-T-:-in-consideratioJLaLtfte sum ofOne Million and 00/100 Dollars ($1,000,000.00),
eare=G} ANTErnay=use=theeeasemen,t 4rea-to=asses-s-_Iosate,=eon.ste.ua,-o _erate,-clean_auf
maintain and improve a county storm water drain, including retention/detention ponds, and
water quality improvement and Wetland habitat mitigation as required by the Michigan
3
Department of Environmental Quality. This use shall be non-exclusive. GRANTEE, accepts the
Easement Area in the condition existing as of the date of this agreement and the GRANTOR
makes no representation or warranty with respect to the condition of the Easement Area and
GRANTOR shall not be liable to GRANTEE for any latent or patent defects in the condition of the
Easement Area. GRANTEE does not assume, and shall not be responsible for, any environmental
liability arising from or connected 'with: (1) site conditions existing on the Easement Area as of
the date this Agreement is executed; (2) site conditions to the extent caused by or attributable
to GRANTOR'S acts or omissions; or (3) site conditions caused by or attributable to the acts or
omissions of third parties. GRANTOR has disclosed any latent or patent defects that it is aware
of to the GRANTEE. GRANTEE shall' have the right, subject to all other provisions of this
Easement, to use the Easement Area `for a county drain provided that any use is in compliance
with all applicable laws and regulations. The parties recognize that the Property is currently
used for public park purposes. Except during initial construction of the improvements and
restoration and mitigation activities, nothing herein shall authorize any activity which interferes
with or alters the use of Bancroft Park as a public park and Groesbeck Municipal Golf Course as
a public park and municipal golf course.
3. ACCESS: Grantee shall have access to the county drain through the maintenance garage
facilities of the Groesbeck Municipal Golf Course (off Wood Street) only, and through such
additional or alternative ingress and egress routes as the parties may mutually agree. The
parties agree that they will execute an Access and Roadway Easement Agreement for
Groesbeck Park Drain contemporaneously with this easement. in the event any gates are
placed on the property, the GRANTEE shall provide keys to the GRANTOR.
4. CONSTRUCTION PLANS: Prior to commencement of bid letting, GRANTEE shall submit a
copy 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 no
construction, improvements, soil relocation, restoration, or mitigation activities provided for in
any section of this Agreement until administrative approval has been obtained in writing from
the GRANTOR'S Director of Parks and Recreation. All approvals and permissions required to be
obtained from GRANTOR and its Director of Parks and Recreation under the terms of this
Agreement shall not be unreasonably denied, delayed or conditioned, except as otherwise
provided herein.
5. RIGHT-OF-WAY PERMIT: 'GRANTEE shall obtain and maintain any required permit from
the Ingham County Road Commission for that portion of the project that is within the David
Street Right of Way and shall be responsible for refurbishment of the David Street Right of Way
to the satisfaction of the Ingham County Road Commission and the GRANTOR.
6. OTHER PERMITS & GOVERNMENTAL APPROVALS: GRANTEE shall obtain or cause to be
abtain-ed-any-permft-s-or-governmental-appKOVals.-req.u.i_r_ed-and-com.ply with all environmental
-.'--laws-and-rules-as-they-rela to-this ea
= e-nt-Th-e=Michigan-Department=ofeEnvir-on mental--
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 ,any
DEQ requested easement or restrictive Covenant shall not be unreasonably withheld.
`7. CONSTRUCTION, RESTORATION, AND GOLF COURSE ALTERATIONS: GRANTEE shall be
responsible for the cost of all construction and improvements conducted and made on the
Easement Area in the exercise of its rights under this Agreement, including moving and/or
abandoning any utilities with the approval of the owner of the utility. All of GRANTEE'S
equipment or other property attached to or otherwise. brought onto the Easement Area shall at
all times remain personal property of the GRANTEE. At the end of construction, GRANTEE shall
be responsible for site restoration to standards specified in the construction plans approved in
advance of construction by ,the City Director of Parks and Recreation. GRANTEE shall be
responsible for any site restoration to standards specified in the approved construction plans
when the park or golf course .is damaged by GRANTEE'S vehicles or other equipment. or
maintenance activities, or 'other causes attributable to GRANTEE. GRANTEE shall not
permanently store spoilage on the Property without advance written consent of the City
Director of parks and Recreation. GRANTEE shall construct at its sole expense structures and
facilities on, or alterations to, the Groesbeck Municipal Golf Course as set forth in the
construction plans approved by the City Director of Parks and Recreation referenced in section
4 above. These shall include, minimally, a 7th tee area of raised elevation and to the north of the
existing tee, a new and regraded ' 7th fairway, rough and green complex, bridges capable of
sustaining the weight of golf cart traffic, water control and aeration structure(s), regrading of
the area northeast of the 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'S
Director of Parks and Recreation at' GRANTOR'S.cost and at its discretion to assure that the golf
course alterations comply with the above requirements and render the alterations safe for the
public. Golf Course alterations shall be completed contemporaneously with the drain project.
8. CONSTRUCTION SCHEDULE: GRANTEE shall not construct improvements during the golf
season from April 1 to November 1 of .each year (the "Golf Season"), except that the GRANTEE
may conduct' construction activities between the first September 15 and October 31
immediately following commencement of drain construction on the Groesbeck Municipal Golf
Course, In the event drain construction continues into a subsequent Golf Season, the GRANTEE
shall pay to the GRANTOR Three ,Thousand and 00/100 Dollars ($3,000.00) for each day of
interruption as liquidated damages for lost revenue. GRANTEE may engage in restorative
planting and related activities during the Golf Season as allowed in writing by the GRANTOR 'S
Director of Parks and Recreation. GRANTEE will use its best efforts to minimize interruption
occasioned by its activities within the Easement Area.
9-CITY INITIA-TED-IMPR©UEMENTSThe:p-artieserecognize that_tize RANTOR may desire to
-
rrTa e-im-provem-entalo--tNTropert f-the-same-Cirtre th-eqGRANTEE=is=eonductingeconstruction-
activities. Therefore, the GRANTOR may, at its discretion, elect to contract with the GRANTEE
5
or GRANTEE'S contractors for.the construction, procurement, and installation of improvements
to 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 the
extent directly caused by GRANTEE, or through GRANTEE'S negligence upon receiving notice
from 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 the
repairs and all costs and expenses incurred shall be paid for by GRANTEE upon presentation of
an invoice.
11. MAINTENANCE: GRANTEE shall, at its sole cost and expense, maintain the drain in
accordance with the Michigan Drain Code of 1956, as amended (MCL 280.1, et. seq.). GRANTEE
shall not allow or place in the Easement Area any debris, dangerous or noxious materials, or
materials 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 the
construction of the county drain is complete, any subsequent material modifications to the
drain shall be subject to the approval of the GRANTOR, which approval shall not be
unreasonably 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 do
not require prior written notification; however GRANTEE must notify GRANTOR'S Director of
Parks 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 the
maintenance of water and pond quality including, if necessary, the installation of aeration
devices and/or such other equipment and facilities as required. The project design assumes that
water levels in Easement Area B will not rise above eight hundred and sixty five (865.0) feet
above sea level, and assumes that the water levels in Easement Area D will not rise above eight
hundred and fifty five (855.0) feet above sea level and will not cause flooding in the David
Street Right of Way. Water levels will be kept in compliance with the Michigan Department of
Environmental Quality (MDEQ).Pe'rrnit Number 04-33-0025-P issued to the Ingham County
Drain 'Commissioner.
13. INSURANCE AND WAIVER:
(a).GRANTEE will require all contractors working on the property to be insured and will
require liability insurance in the amount of $2,000,000.00 and Worker's Compensation
- insurance-as-requir-ed-by.,st-ate-lave-dur- ng theterm-.ofth-e_con.sfru_ction contract.
(b). GRANTEE shall provide, or require the contractors' insurance company to provide, a
certificate of insurance evidencing, all coverages and naming the GRANTOR as an additional
named insured. If possible, the insurance company's . certificate shall provide that GRANTOR
shall 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 the
Agreement 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 against
the GRANTOR, and the GRANTOR 'S, officers, employees, affiliates, and agents and assumes all
risk of loss for indirect or consequential damages, in connection with this agreement and use of
the Easement Area. This waiver extends to any necessary, permitted, or inadvertent
interruptions caused by the GRANTOR, but GRANTEE does not waive any claim for
indemnification, 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 is
executed; and
(2) site conditions to the extent caused by or attributable to GRANTEE'S acts or
omissions.
14. 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 the
extent 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 cost
recovery 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 shall
not be construed to require the GRANTOR to indemnify the GRANTEE for any of the latter's acts
or omissions or those of its officers, agents, affiliates, contractors and subcontractors and
employees. GRANTOR'S obligations to.indemnify, hold harmless and pay the cost to defend as
provided for by this paragraph shall survive any release or termination of this Easement. With
respect to claims.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
third party beneficiary status to any person or entity. GRANTOR 'S obligation is subject to the
following expressed 'limitations: does not extend beyond the limitations placed on a
municipality to indemnify another pursuant to law; it shall not abrogate nor diminish the
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 not
include GRANTEE'S • negligence. '-. Any environmental indemnification or hold harmless
obligations are further subject to .the'limitations set forth in Section 2 of this Agreement.
.'5---GRANTEE-TIT15 MNIFIfCI TIONT CSR-ANTEEagreestolindemnify,_d-efend_arrd=save=harmless-- '.-
the 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, or
environmental clean-up to the extent said liability and claims arise from the acts and/or
omissions of the GRANTEE its agents, assigns and successors in interest. The GRANTOR reserves
he right to bring federal or state cost recovery actions arising out of releases of hazardous
substances at the property which are attributable to the GRANTEE its agents, assigns and
successors in interest. This paragraph shall not be construed to require the GRANTEE to
indemnify the GRANTOR for any of the latter's acts or omissions or those.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 any
release or termination of this Easement. With respect to claims 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 third party beneficiary status to any person or
entity. GRANTEE'S obligation is subject to the following expressed limitations: it does not
extend beyond the limitations placed on a municipality to indemnify another pursuant to law; it
shall not abrogate nor diminish the 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 not include GRANTOR 'S negligence. Any environmental
indemnification or hold harmless obligations are further subject to the limitations set forth in
Section 2 of this Agreement.
16. LIENS: GRANTEE shall not permit any liens on the Easement Area for any labor or
material furnished GRANTEE in connection with the work performed. Where, for any reason, a
lien' 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 own
expense. GRANTEE shall require contractors to provide any legally required bonds.
17. SIGNAGE: All signage shall be subject to the prior written approval of the GRANTOR'S
Director of Parks and Recreation.
18. .. TAXES: If applicable, GRANTEE shall pay any real or personal property taxes, use and
occupancy taxes directly attributable to GRANTEE'S use and occupancy of the Easement Area
for drain purposes.
19. RESERVATION.OF RIGHTS: GRANTOR shall retain all other rights within the Easement
Area. 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 in
this Agreement, GRANTEE'S new construction shall not interfere with GRANTOR'S existing
Improvem ent-s-and-continued-use-far-pu blic-park--pu r-peses--G:RANTEE-wiil_consu.Lt-v^citlzand
- - obtain GRANTOR'S approval=before COFrItil- icing-any=n-ew-construction-in^fhe )=asement Area.
8
20. THIRD-PARTY WATER TREATMENT AGREEMENTS: GRANTEE shall not be allowed to
enter into any agreement with any third party to receive and process contaminated or treated
groundwater without the prior written consent of the GRANTOR, which consent may be
withheld at GRANTOR 'S sole and unreviewable discretion. In the event the GRANTEE enters
into any agreement with any third party to receive and process contaminated or treated
groundwater through the Drainage District's facilities on the Property, the District shall require
that the third-party add the GRANTOR as an Additional Named Insured to the third-party's
liability insurance, including any.insurance for environmental hazards, subject to approval as to
form by the City. This 'provision shall not apply to any such agreement between the GRANTEE
and the GRANTOR by its Board of Water and Light. .
21. ABANDONMENT: At such time as said easement is no longer used 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).
22. APPLICABLE LAW: This Easement Agreement shall be governed by the laws of the State
of 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 extent
permitted by law.
23. AMENDMENT: No amendment or modification to any provision of this Easement
Agreement shall be valid unless made in writing signed by duly authorized representatives of
the parties.
24. ENTIRE AGREEMENT: This Easement Agreement constitutes the entire agreement and
understanding between the parties, and shall be binding on and inure to the benefit of
successors and transferees in tide; of the respective parties. This Agreement was negotiated
between 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 prior
executed easement or purchase agreement relating to the Property between the parties; and
releases, acquits and forever discharges its right to bring any claims or actions to recover
damages from the City of Lansing, and its agents, servants, successors, heirs, executors,
attorneys, administrators, and all other persons, firms, corporations, associations or
partnerships, 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 which
may hereafter accrue on account of or in any way growing out of those prior easements or.
purchase agreements.
HEADINGS:
26. The headings assigned to the provisions of this Agreement are for the
cpnvenienee-of the-par-ties-on.l.-y-anal-sbalLn_Qt_be used to control or affect the meaning,
-CCh-St r=ion or-a lical5ilit-ff=those= rovisions
-
9
27. EXEMPTION: This Easement Agreement is exempt from real estate transfer tax pursuant
to MCL 207.505(h)(i) and from real estate transfer tax pursuant to the provisions of MCL
.207.526(h)(i).
Witness the hands of the GRANTEE this day of , A.D. 2009.
GROESBECK PARK DRAIN DRAINAGE DISTRICT
By: Patrick E. Lindemann
Ingham County Drain Commissioner
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 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
STATE OF MICHIGAN )
)ss.
COUNTY OF INGHAM )
I he=foregoing ins rrr^enwasekrrowler(ged=before-me_this - day_of
2009, by Virg Bernero, Mayor of the City of Lansing, a
municipal corporation, on behalf of the City of Lansing.
10
Notary Public
County, MI
Acting in County
My commission expires:
Approved as to form only:
Lansing City Attorney ' s Office
When Recorded Return To: Drafted By:
Patrick Lindemann Donald J. Kulhanek P49183
Ingham County Drain Assistant City Attorney
Commissioner 124 W. Michigan Ave.
PO Box 220, 707 Buhl 5th Floor
Mason, MI 48854-0220 Lansing, Mi 48933
(517) 676-8395 (517) 483-4321
W,\I\Ingham CDC- 9153\ Groesbeck - 0003\City Easements as of October 2009\Final Easement C ity 1016 09.doc
11
EXHIS1Ti "A"
PARCEL NUMBER; NONE
PROPERTY OWNER; CITY OF LANSING
PROPERTY ADDRESS: DAVID STREET
LANSING, MI 48906
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANSING, MI 48933
PARCEL DESCRIPTION:
Groesbeck Golf Course
David Street Control Structure .
80 foot Easement Description':
A 50 foot wide easement that Is part of the Southeast !4 of Section 3 and part of the
Northeast 1/ of Section 10 In Town 4 North,, Range 2 West, Lansing Township and the
City of Lansing, Ingham County, Michigan, described as; Commencing at the northeast
carrier of said Section 10 also being the southeast corner of said Section 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 food control structure and the POINT OF BEGINNING of
this des iptlon. Said 50 feat wide description is 25 feet either side of the following
described centerline;. thence SO0°0B'E a-distance of 33.0 feet, more ar less to the north
bank of the Groesbeck Golf Course holding pond, the South Right-of-Way of David
Street and the POINT OF ENDING containing 0.03 acres, more or less. Said easement
is intended to be contiguous to said north bank.
O=DE &E- -
& ASSOCIATES, NM,
em etiteotel,stskeodng,eisve}aW&lendsoepe.erotaaureaetvtes SHEET IOF2
0120 SOVEREIGN OR WURTO O • WYEANO, M 46U11.077Sb6T.7704
FM PROJECT NO, 02056.0C
EXHIJBGTi "A"
PARCEL NUMBER: NONE ,
PROPERTY OWNER: 'CITY OF LANSING
PROPERTY ADDRESS: DAVID STREET
LANSING, MI 48906
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANSING-, MI 48933
GROESI-CK GOLF COURSE DAVID
STREET CONTROL. STFtUCTUM 50
FOOT EASEMEhIT P.O.G:.
ORTH LINE SECTION 10
sBS•5zvl! 12oa, DA1/ D ST,
E ! I (66 M
NORTHEAST CORNER OF SECTION 10
i I I 1, TOWN 4 NORTH. RANGE2 WEST
)I CITY OF LANSING
1 ^5 I ' ^5 1141 1 31121 INGHAM COUNTY MI
i ASSESSOR'SI ALAI NO1 50 J
UBE 12. P t,E saN 40019 . 517dm67. j 1100
SCALE: 1'•200' FHAI PROJECT NO.02058.OC 05/15/09
' clif
EXH " fiT "
PARCEL NUMDER;- -04-001
S3-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
1330 'OTTO ST.
LANSING, MI 49806
OWNER'S AQC 'RESS; CITY OF LANSING
.81B N. CAPITOL
LANSING, M148983
NORTH LINE SECTION 1
SEox
SEC. 11
NORTHEAST CORNER OF SECTION 10
CITY OF LANSING
V40HM COUNTY, MI
ROESBECR GOLF COURSE
BD FOOT EASEMENT FOR
OVERFLOW PIPE P.O.B.
FlITZ.GE-F;'Alf'17it'FIEN' NE
ASSOCIA.TEa
SHEET 2 OF 2
SCALE; 1"-200' FHA PROJECT NO, 020515,0C
r'o C o°
E HIB T
PARCEL NUMBER: 33-01-01-234-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS; BAN CROFT PARK
1330 OTTO ST.
LANSING, MI 49808
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANSING,-Ml 48933
PARCEL DESCRIPTION;
Groesbeck Golf Course / Bancroft pad:
60 foot Easement for
Overflow Pipe
A 60 feet wide drainage 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 comer of said Section 10; thence S89°52w
1385.5 feet along the north line of said section to a point on said section line;
thence S00°08'E 681.0 feet to the centerline of the east end of this description, the
west side of the Groesbeck Golf Course Holding Pond and the POINT OF
BEGINNING of this description, Said 60 foot wide description Is 30 feet either side
of the following described centerline; thencb N 80°00" W a distance of 220,0 feet to
the east bank of the Overflow Pond and the POINT OF ENDING containing 0.30
acres, more or less, Sald easement's northerly and southerly. lines are intended to
extend from the Holding Pond's waters edge to the Overflow Pond's waters edge.
REFZGER& f-'JEl 6 E-
& ASSOCIATES, INC.
emwavnmantsl, a riss irr ,eel lrg a Errhkn son rr SHEET 1 OF 2
3188 sDVe ran OR. • aura o • LANa4N3, M 4ae11.4171MI.11PO
.
FHA PROJECT NO, 0056.O0
EXHIBIT "D"
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
1330 OTTO T.
LANSING, MI 48806
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANSING, MI 448933
Groesbeck Golf Course ! Bancroft Park
Overflow Pond and Embankment Easement
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 10; thence 589°52'W 1595.0 feet along the north
line of said section to a point on said section line; thence S 00°08' E 341,0 feat to the
POINT OF BEGINNING Otitis description; thence continuing S 00°0B' E a distance
of 372.0 feet; thence S 89° 52' W a' didtance of 190.0 feet; thence N 00° 08' W a
distance of 130.0 feet; thence S 89052' W a distance of 80.0 feet; thence N 00°08` W
a distance of 242.0 feet; thence N 89°52' E distance of 270.0 feet to the POINT OF
a
BEGINNING, containing 2,07 acres, more or less.
'4* HENNE -
• a.ccIATM,INC.;
emYnemmta',weinderhd,atmoirgktrtdecupem re°buawrvtcae SHEET t OF2
s1G5 aOV.1BON OR, • RUE[ P • LAN51M., MI 40011. 61T.1%1T.79OO
FHA PROJECT NO. 02058.0C
.
EXHIBIT "D "'
33-01-01=011
PARCEL NUMBER,
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS; BANCROFT PARK
LANSING, MI 49806
OWNER'S ADDRESS!. CITY OF LANSING
318 N. CAPITOL
LANSING, MI 48933
DAVIE) ST.
(86' ROW)
oE ;.25E0.2
-_-
1 ^ m
NORTHEAST CORNER OF SECTION 10
SOUTH R.O.W.IJNE TOWN 4 NORTH, RANGE 2 WEST
MY OF LANSING
INGHAM COUNTY, MI
BANCROFT PARK
CITY OF LANSING
/
_usgl5zr= - _
S .. '
| \ \ i
"722
^--~_^
.~.~.W»
7
NOOMIMIL -j
=.V
GROESUCK GOLF COURSE
HOLDING POND
SCALE: 7 "=200 '
ACCESSAND ROADWAYEASEMENTAGREEMENT FOR
GROESBECK PARK DRAIN
"GROESBECK ROADWAY EASEMENT"
City of Lansing, a Michigan municipal corporation, whose address is. 124 West Michigan
Avenue, Lansing, Michigan 48933, ("GRANTOR"), for and in consideration of the benefits stated
herein, grants an easement for ingress and egress and for the construction and improvement of
a 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, 707
Buhl, Mason, Michigan 48854 ( "GRANTEE"). Both the GRANTOR-owned property and the
Easement 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 located
in 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 2
West, City of Lansing, Ingham County, Michigan.
3301-01-10-226-001 (abuts David St. north of golf course):
Lots 15 & 16 Assessor's Plat No. 50
Liber 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 along
West line of Wood Street to North line of East Grand River Avenue, West along North
line East Grand River Avenue to SE corner Assessor's Plat No. 2, North to NE Corner said
plat, West to NW corner said plat, North along North & South 1/8 line to point due West
of 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 the
roadway(s) within the Easement Area as will be agreed upon by the parties during the course
'of 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 legally
described above, subject to the Ingham County Road Commission's rights to, and, jurisdiction
over, the David Street Right of Way as a borderline street as well as an easement to the Ingham
County 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 to
construct and improve . a•roadway. The roadway shall be at a location approved by . the City
Director of Parks and Recreation in the approved construction plans. GRANTEE shall have the
right, 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 shall
be non-exclusive. Subject to the terms of this easement, the GRANTOR shall retain all surface
and subsurface rights, including, but' not limited to, the right to use the Easement Area in its
current 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 Bancroft
Park as a public park and Groesbeck Municipal Golf Course as a public park and municipal golf
course.
3. OTHER PERMITS&GOVERNMENTAL APPROVAL. GRANTEE shall be responsible for any
permits or governmental approvals 'required, and GRANTEE is responsible for compliance with
all environmental laws and rules as they relate to this easement.
4. ACCEPTANCE. GRANTEE accepts the Easement Area in the condition existing as of the
date of this agreement, and the GRANTOR makes no representation or warranty with respect to
the condition of the Easement Area, and GRANTOR shall not be liable for any latent or patent
defects in the condition of the Easement Area. GRANTOR has disclosed any latent or patent
defects 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 Street
entrance to the Property. GRANTEE may also access the county drain through the maintenance
garage facilities of the Groesbeck Municipal Golf Course (off Wood Street) only, and through
such 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
- --ofthe-constr c-tiorr-plans For-tt^e=roadway---prep-ared=at=GRANTEES=expense;, o-Cl:re_G:R-ANTOR`-S___.
-
Director of Parks and Recreation, for his written consent and approval, which shall not be
unreasonably delayed or refused. ' GRANTOR'S Director of Parks and Recreation shall also
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 plans
are 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 the
south 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 , be
responsible for site restoration to standards specified in the construction plans approved by the
GRANTOR'S Director of Parks and Recreation. GRANTEE shall be responsible for any site
restoration to standards specified iri the approved construction plans when the park is
'damaged by GRANTEE' S vehicles or other equipment or maintenance activities, or other causes
attributable to GRANTEE. GRANTEE- hall not permanently store spoilage on the Property
without prior consent of GRANTOR'S Director of Parks and Recreation. GRANTEE shall not place
in the Easement Area any dangerous or noxious materials or materials which would create a
hazard on the GRANTOR'S property or undue interference with the GRANTOR'S property. rights.
At minimum, the construction plans shall provide for the following restoration and mitigation
activities: '
a. A paved ten foot (10') wide access road, constructed over earthen two track trail
around the Bancroft Park overflow, pond, with access from the David Street dead end and the
existing access trail in Bancroft Park. The parties agree that the paved access road is subject to
minor changes in alignment of up to five (5) feet, for the purpose of saving as many trees as
possible.
b. An outlook along the paved access road. The outlook shall be on the east side of
the 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 existing
Bancroft Park road, with at least one space meeting the size sufficient to be handicap
accessible.
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 safet r- f=the ubl =
eat ^l a ll=r p.laee trees=err-owed=wifih4ree-s==of=no=greater-than
2" caliper and of a kind and species agreed upon by the parties. Trees shall not be removed
without 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 sole
expense of the GRANTEE,
8. CITY INITIATED IMPROVEMENTS. The parties recognize that the GRANTOR may desire to
make additional improvements to the Easement Area at the same time the GRANTEE is
conducting construction activities. Therefore, the GRANTOR may, at its discretion, elect to
contract with the GRANTEE for the construction, procurement, and installation of additional
improvements to benefit the Easement Area at GRANTOR'S sole expense.
9. REPAIR&REPLACEMENT. Following completion of the construction o.fth.e drain, and upon
written notice from GRANTOR, GRANTEE, at its sole cost and expense, shall repair any damage
to the Easement Area to the extent directly caused by GRANTEE, or through GRANTEE'S gross
negligence, including replacement of pavement or concrete in the roadway. If, .following the
completion 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 its
sole cost and expense. If GRANTEE fails to make said repairs within thirty (30). days of written
notice to GRANTEE, GRANTOR reserves the right to complete the repairs and all reasonable
costs 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 otherwise
brought onto the Easement Area shall at all times remain personal property of the GRANTEE. If
applicable, GRANTEE shall pay any. real or personal property taxes, use and occupancy taxes
directly attributable to GRANTEE'S use and occupancy of the Easement Area and the county
drain use thereof. In the event any gates are placed on the property, the GRANTEE shall
provide keys to the GRANTOR.
11. INSURANCE&WAIVER.
(a.). GRANTEE will require all contractors working on the property to be insured and will
require liability insurance in the' amount of $2,000,000.00 and Worker 's Compensation
insurance 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 a
certificate of insurance evidencing all coverages and naming the GRANTOR as an additional
named insured. If possible, the insurance company's certificate shall provide that GRANTOR will
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 the Agreement
he^e^i)w^ihielrnotiee=shall=be=sent^tc^=Gh'e=C^rRAN=TOh-by=Dn^d=States=Certified=lGl=aril
4
(c). GRANTEE waives all rights of recovery against the GRANTOR, and the GRANTOR 'S
officers, employees, affiliates, and agents and assumes all risk of loss for indirect or
consequential 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 against
GRANTOR and the GRANTOR 'S commissioners, employees, and agents, except those caused by
negligence of the GRANTOR or its agents.
12, GRANTEE INDEMNIFICATION:,.GRANTEE agrees to indemnify, defend and save harmless
the 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, claims
for bodily injury, sickness, disease, death, property damage, economic loss, or environmental
clean-up to the extent said liability and claims arise from the acts and/or omissions of the
GRANTEE its agents, assigns and successors in interest. This paragraph shall not be. construed to
require the GRANTEE to indemnify the GRANTOR for any of the latter's acts or omissions or
those 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 any release or termination of this Easement. With respect to
claims 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 third
party beneficiary status to any person or entity. GRANTEE'S obligation is subject to the
following expressed limitations:. it does hot extend beyond the limitations placed on a
municipality to indemnify another pursuant to law; it shall not abrogate nor diminish the
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 not
include 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 the
extent said liability and claims arise from the acts and/or omissions of the GRANTOR its agents,
assign's and successors in interest. The GRANTEE reserves the right to bring federal or state cost
recovery 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 shall
not be construed to require the GRANTOR to indemnify the GRANTEE for any of the latter's acts
or omissions or those of its officers, agents, affiliates, contractors and subcontractors and
employees. GRANTOR'S obligations to indemnify, hold harmless and pay the cost to defend as
provided for by this paragraph shall survive any release or. termination of this Easement. With
respect to claims 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
VIM rty berreficfarry-status to-any=person-or=entity: GRANTOR biij;a con=is°subjeet -to _the
following expressed limitations: it does not extend beyond the limitations placed on a
municipality to indemnify ' another pursuant to law; it shall not abrogate nor diminish the
.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 not
include GRANTEE'S negligence. .
14. LIENS. GRANTEE shall not permit any liens on the Easement Area for any labor or
material furnished GRANTEE in connection with the work performed. Where, for any reason, a
lien 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 propercosts and charges and shall have the lien released at its own
expense.. GRANTEE shall require contractors to provide any legally required bonds.
15. APPLICABLE LAW. This Easement Agreement shall be governed by the laws of the State
of 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 permitted
by law. No amendment or modification to any provision of this Easement-Agreement shall be
valid unless made in writing.
16. ENTIRE AGREEMENT. This Easement Agreement constitutes the entire agreement and
understanding between the parties, and shall be binding on and inure to the benefit of their
successors and transferees in title. This Agreement was negotiated between the parties and is
deemed 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 Easement
- Agreement shall be valid unless made in writing signed by duly authorized representatives of
the parties.
19. HEADINGS. The headings assigned to the provisions of this Agreement are for the
convenience 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 MCL
207.505(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: Patrick E. Lindemann
Ingham County Drain Commissioner
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 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
STATE OF MICHIGAN )
)ss.
COUNTY OF INGHAM)
The foregoing instrument was acknowledged before me this day of
2009, by Virg Bernero, Mayor of the City of Lansing, a
municipal corporation, on behalf of the City of Lansing.
Notary Public
County, MI
Acting in County
My commission expires:
Approved as to form only:
Lansing City Attorney's Office
When Recorded Return To: Drafted By:
Patrick Lindemann . Don Kulhanek P49183
Ingham County Drain Assistant City Attorney
Commissioner City of Lansing
PO Box 220, 707 Buhl 124 W. Michigan Ave.
Mason, MI 48854-0220 5th floor
(517) 676-8395 Lansing, MI 48917
W:\I\Ingham CDC - 9153\Groesbeck - 0003\City Easements as of October 2009\Final Roadway Easement City 10 16 09.doc
8
5XHIBIlT "A"
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
1330 OTTO ST,
LANSING, MI 49806
OWNER'S ADDRESS: CITY OF LANSING
318 CAPITOL
LANSING, MI 48933
& ASSOCIATES,INIC
eavIronmentaL arvInserew,eurdaytno &landscape archbectura =vim sHEET 2 OF 2
6
3126 a-nVarl=N OA, , aLlrM O LAWCIIN3, MI 40011 . eltT.aerl'.11W
SCALE; 1".-s300' FHA PROJECT NO, 02066.OC November 16, 2007
EXE-HBOT "Er
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT - ARK
1330 OTTO ST,
LANSING, MI 49806
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANSING, MI 48933
BANCROFT PARK CENTERLINE
EASEMENT FOR 10' WIDE
TRAIL P.O.H.
569'62.w DANDET. -^
1294.42
NORTHEAST CORNER OF SECTION 1
TOWN 4 NORTH, RANGE 2 WEST .
CITY OF LANSING
INGHAM COUNTY, Ml
HE:NNE
& ASODIATES.INC
enmanmentaI,inlmluinp.eulve gBlerldaaapemvWteahlreserrl= SHEET2 OF 2
31QS novin9GA1 GR. • Sur e D • L^.NmING. MI 46911 • OT7.YO7.110Q
SCALE: 1 " =200' FHA PROJECT NO. 02056.0C November 16, 2007
^^^U^ ^^
^^^^~^^~~ ^^
^'"
PARCEL NUMEER, 33-01-01-204-DOI
pROPEPTY OWNER: CITY Op LANSING
PROPERTY ADDRESS: BANCROFT: PARK
wo on, ST.
LANSING, W/49806
OWNER'S ADDRESS: CITY OF LANSING
y15 N. CAPITOL
LANSING, MI 48933
NOM LINE SECTION I DAVID ST.
(66' ROM
'--'--'-' 2
^~ SEG. 11
.
\"---
oOUTxmo.W. UNE
NORTHEAST CORNER OF SECTION 10
TOWN 4 NORTH, RANGE 2 WEST
CITY OF LANSING
INGHAM COUNTY, MI
aMm^^^a w
^^^^
MY OF LANSING
ROESBECK GOLF COURSE
so FOOT EASEMENT FOR
OVERFLOW PIPE P.D.B.
GROESBECK GOLF COURSE
SCALE: 1"-200'
EXHPBM "C"
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
1330 OTTO ST.
LANSING, MI 49806
OWNER'S ADDRESS: CITY OF LANSING
318 N. CAPITOL
LANS1NG,•Ml 48933
PARCEL DESCRIPTION:
Groesbeck Golf Course / Bancroft Parlt
60 foot Easement for
Overflow Pipe
A 60 foot wide drainage 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 10; thence S89°52'W
1385.5 feet along the north line of said section to a point on said section line;
thence S00°08'E 681.0 feet to the centerline of the east end of this description, the
west side of the Groesbeck Golf Course Holding Pond and the POINT OF
BEGINNING of this description. Said 60 foot wide description Is 30 feet either side
of the following described centerline; thence N 80°00" W a distance of 220,0 feet to
the east bank of the Overflow Pond and the POINT OF ENDING containing 0.30
acres, more or less, Said easement's northerly and southerly lines are intended to
extend from the Holding Fond's waters edge to the Overflow Pond's waters edge.
A.*
ASSOCIATES, INC.
em's°nrnwdal,enillneerln9.Buveitm eptra srsanEariiccm SHEET 1'OF2
312a EOVCFe.N Oq. • IIURCO . I.ANDW3, 4CE11 •SSIZVD7,1100
FHA PROJECT NO002056.00
EXHiBIT "E?
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFI PARK
1330 CUD ST.
LANSING, MI 49808
OWNER'S ADDRESS: CITY OF LANSING
31B N. CAPITOL
LANSING, MI 448933
Groesbeck 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,.Mlchigan, described as; Commencing at the
northeast corner of said Section 10; thence S89°52W 1595.0 feet along the north
line of said section to a point on said section line; thence S 00°O8' E 341,0 feet to the
0
POINT OF BEGINNING of this description; thence continuing $ 00°08' E a distance
of 372.0 feet; thence S 89 52' W distance of 190.0 feet; thence N 00°08' W a
distance of 130.0 feetr thence S 89°52'W a distance of 80.0 feet; thence N 00°08' W
a distance of 242.0 feet; thence N 89°52' E a distance 01 '270.0 feet to the POINT OF '
BEGINNING, containing 2,07 acres, more or less,
HENNE-
envkvsnsnta'.anph etk,s,esc,eaft&bn ■iwspeweftt: roeertt,as SHEET1OF 2
ri^vc MOVEABON DR -gtUm[a • I-VWAVv, MI 96017 •517.1767.11OQ
FHA PROJECT NO.02058.OC'
EXHIBIT "D"
PARCEL NUMBER: 33-01-01-204-001
PROPERTY OWNER: CITY OF LANSING
PROPERTY ADDRESS: BANCROFT PARK
1330 OTTO ST.
LANSING, MI 49800
OWNER'S ADDRESS: . CITY OF LANSING
318 N. CAPITOL
LANSING, MI 48933
NORTH LINE SECTION 1Q^ DAVID ST.
(68' ROM
SEC. 9 SEC,2
SB_9 .52W 1595.0_ ___
^^ SEC. 1D SEC. 11
^` NORTHEAST CORNER OF S CTION 10
I SOUTH R.O.W. LINE TOWN 4 NORTH, RANGE 2 WEST
CITY OF LANSING
INGHAM COUNTY, MI
ml c
BANCROFT PARK F1
Q
GLENDALE
w
a
ra
IRVINGTON AVE.
z IRVINGTON
o
c RIDGEWOOD AVEv)
u >-
U
Q
HUNTER BLVD.
MAPLEHILL
FENTON AVE.
JESSOP ST.
CAVANAUGH RD.
ORIGINAL PARKING REGULATIONS
Traffic Board Action Date: 2/11/09
Passed: 2 (no quorum) Declined: 0
2
File: Glenwood Avenue
Document in Unnamed
December 16, 2008
REPORT FROM THE SECRETARY #09-002
PARKING REGULATION CHANGE REQUEST: GLENWOOD AVENUE
J
V ./A NE
PARKING
MAPLEHILL
'CAVANAUGH RD,
PROPOSED PARKING REGULATIONS
Traffic Board Action Date: 2/11/09
Passed: 2 (no quorum) Declined: 0
3
File: Glenwood Avenue
Document in Unnamed
December 16, 2008
REPORT FROM THE SECRETARY #09-002
PARKING REGULATION CHANGE REQUEST: GLENWOOD AVENUE
NO
PARKING
MAPLEHILL
3
z
w
J
CAVANAUGH RD
Traffic Board Action Date: 2/11/09
Passed: 2 (no quorum) Declined: 0
4
File: Glenwood Avenue
Document in Unnamed
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bemero
DATE: February 8, 2010
RE: Traffic Control Request: 1000 & 1100 North Pennsylvania Avenue
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Lansing Transportation and Parking Office received a request from the North
Town Neighborhood Association to reconfigure Pennsylvania Avenue north of Oakland from a
four lane roadway to a three lane roadway with parking on both sides of the roadway;
WHEREAS, the Transportation and Parking Office evaluated the existing and projected traffic
volumes and land use for the roadway in order to determine the most appropriate roadway
layout;
WHEREAS, Pennsylvania Avenue is a truck route and would require 12 (twelve) feet wide
travel lanes and 7 (seven) feet parking lanes that would exceed the width of the existing roadway
required for the requested reconfigurations;
WHEREAS, the Transportation and Parking Office evaluation indicated that there is minimal on
street parking during the off peak hours and does not believe there is sufficient demand to
necessitate parking on both sides of the roadway;
WHEREAS, the Transportation and Parking Office evaluation indicated that northbound traffic
volumes are heavier than the southbound volumes and it is beneficial to provide two lanes for
northbound traffic while retaining the parking restrictions on the east side of the street;
WHEREAS, the Transportation and Parking Office, based on its evaluation determined that the
four lane cross section should be modified to a three lane cross section with two northbound
travel lanes and one southbound travel lane while allowing on street parking on the west side of
the roadway;
WHEREAS, the Transportation and Parking Office temporarily striped Pennsylvania Avenue
between Grand Avenue and Oakland Avenue as two northbound travel lanes, one southbound
travel lane and on street parking along the west side of the roadway at the conclusion of the 2008
Combined Sewer Overflow project;
WHEREAS, based upon the results of this evaluation, the Transportation and Parking Office
recommends making this roadway configuration permanent;
WHEREAS, due to the lack of a quorum in the Traffic Board, the Traffic Board Secretary is
forwarding this recommendation to the Mayor;
WHEREAS, the Mayor concurs with the recommendation of the Transportation and Parking
Office;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Transportation and Parking Office;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Orders No. 09-007 and 09-008 thereby authorizing the Transportation Engineer to
regulate the lane usage and parking on Pennsylvania Avenue between Grand River Avenue and
Oakland Avenue;
BE IT FINALLY RESOLVED that Traffic Control Orders No. 09-007 and 09-008 shall become
effective when signed by the Transportation Engineer, filed with the City Clerk and the
appropriate signs and markings are installed.
City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
January 29, 2010
Honorable Virg Bernero
and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933
Re: 1000 & 1100 North Pennsylvania Avenue
Dear Mayor Bernero:
The City of Lansing Transportation and Parking Office received a request from the North Town
Neighborhood Association to reconfigure Pennsylvania Avenue north of Oakland from a four lane
roadway to a three lane roadway.
In 2008 the Combined Sewer Overflow project completed operations in this area. This allowed the
implementation of the Transportation and Parking Office recommendations on the above request.
After a trial period it seems that the new configuration is meeting the needs of motorist and residents
on Pennsylvania Avenue between Grand River Avenue and Oakland Avenue.
The Transportation and Parking Office is therefore submitting the attached Report from Secretary,
Resolution and Traffic Control Orders to reflect the layout of parking regulations along Pennsylvania
Avenue between Grand River Avenue and Oakland Avenue.
Respectfully submitted,
Andrew K. Kilpatrick, P.E.
Transportation Engineer
Attachments: RFS 09-004
Resolution
TCO 09-007 (1100 N Block)
TCO 09-008 (1000 N Block)
"Equal Opportunity Employer"
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 007 (page 1 of 2)
FILE: Pennsylvania Avenue (1100 North)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Pennsylvania Avenue between Grand River Avenue and Porter Street
has been made; and as a result of said investigation, it is hereby directed that:
On the West side of PENNSYLVANIA AVENUE the following regulations shall apply:
Parking shall be prohibited from Grand River Avenue to 67 feet south of Grand River Avenue;
Parking shall be permitted from 67 feet south of Grand River Avenue to 254 feet south of Grand
River Avenue;
Parking shall be prohibited with the exception of loading and unloading busses from 254 feet
south of Grand River Avenue to 315 feet of Grand River Avenue;
Parking shall be peuuitted from 315 feet south of Grand River Avenue to 270 feet south of
Persons Court;
Parking shall be prohibited from 20 feet south of Persons Court to Porter Street.
On the East side of PENNSYLVANIA AVENUE the following regulations shall apply:
Parking shall be prohibited from Porter Street to 47 feet north of Porter Street;
Parking shall be prohibited from 47 feet north of Porter Street to 40 feet south of Persons Court
from 7:00 a.m. to 7:00 p.m., Monday through Friday, except Saturday, Sunday and Holidays;
Parking shall be prohibited from 40 feet south of Persons Court to Grand River Avenue.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 007 (page 2 of 2)
FILE: Pennsylvania Avenue (1100 North)
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: 88-164
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 008 (page 1 of 2)
FILE: Pennsylvania Avenue (1000 North)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Pennsylvania Avenue between Porter Street and Oakland Avenue has
been made; and as a result of said investigation, it is hereby directed that:
On the West side of PENNSYLVANIA AVENUE the following regulations shall apply:
Parking shall be prohibited from Porter Street to 52 feet south of Porter Street;
Parking shall be permitted from 52 feet south Porter Street to 116 feet south of Porter Street;
Parking shall be prohibited with the exception of loading and unloading busses from 116 feet
south of Porter Street to 175 feet south of Porter Street;
Parking shall be permitted from 175 feet south of Porter Street to 307 feet south of Porter Street;
Parking shall be prohibited from 307 feet south of Porter Street to 46 feet south of Cady Court;
Parking shall be permitted from 46 feet south of Cady Court to 133 feet south of Cady Court;
Parking shall be prohibited from 133 feet south of Cady Court to Oakland Avenue.
On the East side of PENNSYLVANIA AVENUE the following regulations shall apply:
Parking shall be prohibited from Oakland Avenue to 48 feet north of Oakland Avenue;
Parking shall be prohibited from 48 feet north of Oakland Avenue to 301 feet north of Oakland
Avenue from 7:00 a.m. to 7:00 p.m., Monday through Friday, except Holidays;
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 008 (page 2 of 2)
FILE: Pennsylvania Avenue (1000 North)
Parking shall be prohibited from 301 feet north of Oakland Avenue to 47 feet north of Cady
Court;
Parking shall be prohibited from 47 feet north of Cady Court to 296 feet north of Cady Court
from 7:00 a.m. to 7:00 p.m., Monday through Friday, except Holidays;
Parking shall be prohibited from 296 feet north of Cady Court to Porter Street.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: 88-164
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
January 15, 2009
REPORT FROM THE SECRETARY #09-004
PARKING REGULATION AND ROADWAY CONFIGURATION CHANGE REQUEST:
PENNSYLVANIA AVE. NORTH OF OAKLAND AVENUE
The City of Lansing Transportation and Parking Office received a request from the North
Town Neighborhood Association to reconfigure Pennsylvania Avenue north of Oakland
from a four lane roadway to a three lane roadway.
EXISTING CONDITIONS AND CONSIDERATIONS
The intersection of Pennsylvania Avenue and Oakland Avenue is under the Michigan
Department of Transportation's (MDOT) jurisdiction. To modify the existing conditions
within the influence of the intersection would require MDOT approval. To allow
implementation of a reconfigured roadway without additional approvals, the Transportation
and Parking Office decided not to pursue any change at the intersection itself.
Pennsylvania Avenue north of Oakland Avenue is a 46 feet wide four-lane roadway with
two travel lanes in each direction (see Location Diagram).
The daily traffic volumes for Pennsylvania Avenue north of Oakland Avenue are
approximately 3200 vehicles per day northbound and 2600 southbound. Traffic volumes on
Pennsylvania Avenue south of Oakland are approximately twice as high as those north of
Oakland Avenue.
Parking is prohibited on the east and west side of Pennsylvania Avenue between the hours
of 7:00 AM and 7:00 PM except Saturdays, Sundays and Holidays.
FINDINGS
Field investigations have shown that there is minimal on street parking during the off peak
hours. The Transportation and Parking Office does not believe there is sufficient demand to
necessitate parking on both sides of the street.
Because the roadway is a truck route, twelve feet wide travel lanes are needed.
Pennsylvania Avenue is 46 feet wide from edge of asphalt to edge of asphalt (49 feet wide
from face of curb to face of curb). To meet parking requirements as petitioned, the roadway
would need to have two 7 feet parking lanes (measured from face of curb), two 12 feet wide
lanes and an 11 feet wide lane.
Because the northbound traffic volumes are heavier than the southbound volumes it is
beneficial to provide two lanes for northbound traffic and retain the parking restrictions on
the east side of the street while providing permanent parking on the west side of the street.
This also eliminate pavement marking issues and potential motorist confusion that could
occur if the one of the northbound lanes was dropped in the vicinity of the Oakland Avenue
intersection.
File: Painsylvania Ave. Page 1 of 5
Document i U€ vna!ned
January 15, 2009
REPORT FROM THE SECRETARY #09-004
PARKING REGULATION AND ROADWAY CONFIGURATION CHANGE REQUEST:
PENNSYLVANIA AVE. NORTH OF OAKLAND AVENUE
RECOMMENDATION
At the conclusion of the Pennsylvania Avenue 2008 Combined Sewer Overflow (CSO)
project, the Transportation and Parking Office temporarily striped Pennsylvania Avenue
between Grand Avenue and Oakland Avenue as two northbound travel lanes and one
southbound travel lane. This configuration retained the existing parking restrictions on the
east side of the Pennsylvania Avenue and allowed unrestricted parking on the west side of
the street and retained the parking prohibition of 7:00 AM and 7:00 PM except Saturdays,
Sundays and Holidays on the east side of the street (see Proposed On Street Parking
Diagram).
This roadway configuration, with parking on the west side of the street, also allows for the
Capital Area Transportation Authority to load and unload passengers at a number of
designated locations without restricting other vehicular traffic flow in the southbound
direction.
The Transportation and Parking Office recommends that the current temporary parking
restrictions and roadway configuration (see Proposed Roadway Striping Plan) be made
permanent.
File: Pennsylvania Ave. Page 2 of 5
Document in Unnamed
January 15, 2009
REPORT FROM THE SECRETARY #09-004
PARKING REGULATION AND ROADWAY CONFIGURATION CHANGE REQUEST:
PENNSYLVANIA AVE. NORTH OF OAKLAND AVENUE
LOCATION DIAGRAM
File: Pensasylvaiia Ave. Page 3 of 5
Document in Unnamed
January 15, 2009
REPORT FROM THE SECRETARY #09-004
PARKING REGULATION AND ROADWAY CONFIGURATION CHANGE REQUEST:
PENNSYLVANIA AVE. NORTH OF OAKLAND AVENUE
PROPOSED ON STREET PARKING DIAGRAM
File: Pennsylvania Ave. Page 4 of 5
Document Unnamcd
January 15, 2009
REPORT FROM THE SECRETARY #09-004
PARKING REGULATION AND ROADWAY CONFIGURATION CHANGE REQUEST:
PENNSYLVANIA AVE. NORTH OF OAKLAND AVENUE
PROPOSED ROADWAY STRIPING PLAN
GRANDRNERAVE.
File: Pennsylvania Ave. Page 5 of 5
Document in Unnamed
i:1-i I) iv
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bernero
DATE: February 8, 2010
RE: Traffic Control Request: Grand Avenue Parking Regulation Change
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer"
City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
January 29, 2010
Honorable Virg Bernero
and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933
Re: Grand Avenue Parking Regulation Change
Dear Mayor Bernero:
The Transportation and Parking Office reviewed the traffic characteristics on Grand Avenue
between Saint Joseph Street and Lenawee Street after the completion of the 2008 Combined
Sewer Overflow (CSO) project.
During the 2008 CSO project, the Transportation and Parking Office identified a need for
additional parking in this area. This is due to the redevelopment of the surface lot located at
the northeast corner of Grand Avenue and Kalamazoo Street into the Michigan State Police
headquarters. The Transportation & Parking Office reviewed the roadway configuration and
identified the potential to add additional metered parking spaces in the 500 and 600 blocks of
South Grand Avenue.
The Transportation and Parking Office is therefore submitting the attached Report from Secretary,
Resolution and Traffic Control Orders to reflect the roadway layout and metered parking regulations
along Grand Avenue between Saint Joseph Street and Lenawee Street.
Respectfully submitted,
Andrew K. Kilpatrick, P.E.
Transportation Engineer
Attachments: Report form Secretary 09-006
Resolution
TCO 09-027 (500 S Block)
TCO 09-026 (600 S Block)
"Equal Opportunity Employer"
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office reviewed the traffic characteristics on Grand
Avenue between Saint Joseph Street and Lenawee Street after the completion of the 2008
Combined Sewer Overflow (CSO) project;
WHEREAS, during the 2008 CSO project, the Transportation and Parking Office identified a
need for additional parking in this area due to the redevelopment of the surface lot located at the
northeast corner of Grand Avenue and Kalamazoo Street;
WHEREAS, this redevelopment has eliminated over 400 parking spaces and will generate a
demand of over 450 new parking spaces;
WHEREAS, field observations indicated the potential to add 17 additional parking spaces along
the 500 and 600 blocks of South Grand Avenue;
WHEREAS, based on this evaluation, the Transportation and Parking Office striped the roadway
to include the 17 additional parking spaces with a ten hour time limit;
WHEREAS, based on the Transportation and Parking Office's evaluation and survey, the
Transportation and Parking Office installed the appropriate signs to allow metered parking with a
ten hour time limit along the 500 and 600 blocks of South Grand Avenue on a trial basis;
WHEREAS, based on field observations during the trial period and the fact that no negative
comments were received, the Transportation and Parking Office recommends that the ten hour
metered parking along the 500 and 600 blocks of South Grand Avenue be made permanent;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of quorum, is
forwarding a positive, but unofficial, recommendation concurring with the Transportation and
Parking Office that the ten hour metered parking along the 500 and 600 blocks of South Grand
Avenue be made permanent;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's review of this
matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Traffic Board;
WHEREAS, the Committee on Public Safety concurs with the recommendation of the Traffic
Board;
WHEREAS, pursuant to Section 2.53(2) of the Codified Ordinances of Lansing the
Transportation Engineer installed the appropriate signs to allow metered parking with a ten hour
time limit along the 500 and 600 blocks of South Grand Avenue;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order Nos. 09-026 and 09-027 thereby authorizing the Transportation Engineer to
regulate parking along Grand Avenue between Saint Joseph Street and Lenawee Street;
BE IT FINALLY RESOLVED that Traffic Control Order Nos. 09-026 and 09-027 shall become
effective when signed by the Transportation Engineer, filed with the City Clerk and any
additional signs are installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 026 (page 1 of 2)
FILE: Grand Avenue (600 South)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Grand Avenue between Saint Joseph Street and Hillsdale Street has
been made; and as a result of said investigation, it is hereby directed that:
On the east side of GRAND AVENUE the following regulations shall apply:
Parking shall be prohibited from Saint Joseph Street to 264 feet north of Saint Joseph Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 264 feet north of
Saint Joseph Street to 328 feet north of Saint Joseph Street;
Parking shall be prohibited from 328 feet north of Saint Joseph Street to Hillsdale Street.
On the west side of GRAND AVENUE the following regulations shall apply:
Parking shall be prohibited from Saint Joseph Street to 85 feet north of Saint Joseph Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 85 feet north of Saint
Joseph Street to 147 feet north of Saint Joseph Street;
Parking shall be prohibited from 147 feet north of Saint Joseph Street to 205 feet north of Saint
Joseph Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 205 feet north of
Saint Joseph Street to 326 feet north of Saint Joseph Street;
Parking shall be prohibited from 326 feet north of Saint Joseph Street to Hillsdale Street;
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 026 (page 2 of 2)
FILE: Grand Avenue (600 South)
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: 88-180
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 027 (page 1 of 2)
FILE: Grand Avenue (500 South)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Grand Avenue between Hillsdale Street and Lenawee Street has been
made; and as a result of said investigation, it is hereby directed that:
On the east side of GRAND AVENUE the following regulations shall apply:
Parking shall be prohibited from Hillsdale Street to 72 feet north of Hillsdale Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 72 feet north of
Hillsdale Street to 92 feet north of Hillsdale Street;
Parking shall be prohibited from 92 feet north of Hillsdale Street to 169 feet north of Hillsdale
Street.
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 169 feet north of
Hillsdale Street to 234 feet north of Hillsdale Street;
Parking shall be prohibited from 234 feet north of Hillsdale Street to 333 feet north of Hillsdale
Street.
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 333 feet north of
Hillsdale Street to 375 feet north of Hillsdale Street;
Parking shall be prohibited from 375 feet north of Hillsdale Street to Lenawee Street.
On the west side of GRAND AVENUE the following regulations shall apply:
Parking shall be prohibited from Hillsdale Street to 98 feet north of Hillsdale Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 98 feet north of
Hillsdale Street to 117 feet north of Hillsdale Street;
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 027 (page 2 of 2)
FILE: Grand Avenue (500 South)
Parking shall be prohibited from 117 feet north of Hillsdale Street to 165 feet north of Hillsdale
Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 165 feet north of
Hillsdale Street to 220 feet north of Hillsdale Street;
Parking shall be prohibited from 220 feet north of Hillsdale Street to 293 feet north of Hillsdale
Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding ten (10) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 293 feet north of
Hillsdale Street to 412 feet north of Hillsdale Street;
Parking shall be prohibited from 412 feet north of Hillsdale Street to Lenawee Street;
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
January 15, 2009
REPORT FROM THE SECRETARY #09-006
PARKING REGULATION CHANGE REQUEST: GRAND AVENUE
The Transportation and Parking Office reviewed the traffic characteristics in the 500 and 600
blocks of South Grand Avenue located between Saint Joseph Street and Lenawee Street
after the completion of the 2008 Combined Sewer Overflow (CSO) project.
This section of Grand Avenue is a northbound one way street that was constructed
approximately 41 feet wide with curb and gutter the entire length of the roadway. This width
will accommodate current and future traffic demands and a potential future conversion to
two way traffic operations.
During the 2008 CSO project, the Transportation and Parking Office identified a need for
additional parking in this area. This is due to the redevelopment of the surface lot located at
the northeast corner of Grand Avenue and Kalamazoo Street into the Michigan State Police
headquarters. This redevelopment has eliminated over 400 parking spaces and will
generate a demand of over 450 new parking spaces for employees as well as parking
spaces for visitors.
The Transportation and Parking office reviewed the roadway configuration and identified the
potential to add 17 additional parking spaces for a total of 27 spaces in these blocks.
The CSO project's contractor striped the roadway to include the twenty-seven (27) on-street
parking spaces with a ten hour time limit. Temporary traffic control orders and appropriate
signing were installed to regulate both lane use and parking.
The Transportation and Parking Office recommends that the parking and roadway
configurations be adopted on a permanent basis.
Traffic Board Action Date: 2/11/09
Passed: 2 (no quorum) Declined: 0
Document in Unnamed
1
January 15, 2009
REPORT FROM THE SECRETARY #09-006
PARKING REGULATION CHANGE REQUEST: GRAND AVENUE
LOCATION DIAGRAM
MODIFIED PARKING DIAGRAM
Traffic Board Action Date: 2/11/09
Passed: 2 (no quorum' Declined: 0
Document in Unnamed
2
January 15, 2009
REPORT FROM THE SECRETARY #09-006
PARKING REGULATION CHANGE REQUEST: GRAND AVENUE
Traffic Board Action Date: 2/11/09
Passed: 2 (no quorum) Declined: 0
Document in Unnamed
3
b i -v
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bernero
DATE: February 8, 2010
RE: Traffic Control Request: LCC Area Parking Change Request
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer"
City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
January 29, 2010
Honorable Virg Bernero
and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933
Re: Lansing Community College Area Parking Change Request
Dear Mayor Bernero:
The Transportation and Parking Office received a request to change metered parking time
limits and regulations on streets around Lansing Community College (LCC). Based on this
evaluation, the Transportation and Parking Office recommends modifying the parking meters
along Capitol Avenue, Seymour Street and Shiawassee Street near the LCC University
Center building. Attached is Report from Secretary 09-010 detailing these modifications.
Also attached is the resolution which details the Transportation and Parking Office's
proposed alterations to the metered parking time limits and regulations along Capitol Avenue,
Seymour Street and Shiawassee Street near the LCC University Center building as well as
Traffic Control Orders TCO 09-028, TCO 09-029 and TCO 09-030 authorizing these parking
regulation changes.
Respectfully submitted,
LANSING TRAFFIC BOARD
Andrew K. Kilpatrick, P.E.
Secretary
Attachments: RFS 09-010
Resolution
TCO 09-028, TCO 09-029, TCO 09-030
"Equal Opportunity Employer"
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office received a request from Eric Gohr, Director
of Auxiliary Services at Lansing Community College (LCC) to make changes to metered parking
time limits and regulations on Capitol Avenue, West Shiawassee Street and North Seymour
Street near the recently constructed LCC University Center building;
WHEREAS, these requested parking changes are detailed in the Report from the Secretary #09-
010;
WHEREAS, pursuant to Section 2.53(2) of the Codified Ordinances of Lansing the
Transportation Engineer is submitting Traffic Control Order Nos. 09-028, 09-029 and 09-030 to
update the official parking regulations along North Capitol Avenue, West Shiawassee Street and
North Seymour Street;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of quorum, is
forwarding a positive, but, unofficial, recommendation concurring with the recommendation of
the Transportation and Parking Office;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's review of this
matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Transportation and Parking
Office;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Administration;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order Nos. 09-028, 09-029 and 09-030 thereby authorizing the Transportation Engineer
to regulate the parking regulations on North Capitol Avenue, West Shiawassee Street and North
Seymour Street;
BE IT FINALLY RESOLVED that Traffic Control Order Nos. 09-028, 09-029 and 09-030 shall
become effective when signed by the Transportation Engineer, filed with the City Clerk and the
appropriate parking meters and signs are installed.
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 028 (page 1 of 2)
FILE: Capitol Avenue (400 north)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Capitol Avenue between Shiawassee Street and Genesee Street has
been made; and as a result of said investigation, it is hereby directed that:
On the east side of CAPITOL AVENUE the following regulations shall apply:
Parking shall be prohibited from Genesee Street to 52 feet south of Genesee Street;
From 52 feet south of Genesee Street to 93 feet south of Genesee Street parking shall be limited
to those vehicles displaying an approved handicap designation;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 93 feet south of
Genesee Street to 137 feet south of Genesee Street;
Parking shall be prohibited from 137 feet south of Genesee Street to 178 feet south of Genesee
Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 178 feet south of
Genesee Street to 386 feet south of Genesee Street;
Parking shall be prohibited from 386 feet south of Genesee Street to Shiawassee Street.
On the west side of CAPITOL AVENUE the following regulations shall apply:
Parking shall be prohibited from Genesee Street to 112 feet south of Genesee Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 112 feet south of
Genesee Street to 360 feet south of Genesee Street;
From 360 feet south of Genesee Street to 380 feet south of Genesee Street parking shall be
limited to those vehicles displaying an approved handicap designation;
CITY OF LANSING
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09 - 028 (page 2 of 2)
FILE: Capitol Avenue (400 north)
Parking shall be prohibited from 380 feet south of Genesee Street to Shiawassee Street;
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
CITY OF LANSING
TRAFFIC CONTROL ORDER
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
ORDER NUMBER: 09 - 029 (page 1 of 2)
FILE: Seymour Street (400 north)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Seymour Street between Shiawassee Street and Genesee Street has
been made; and as a result of said investigation, it is hereby directed that:
On the east side of SEYMOUR STREET the following regulations shall apply:
Parking shall be prohibited from Shiawassee Street to 54 feet north of Shiawassee Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 54 feet north of
Shiawassee Street to 404 feet north of Shiawassee Street;
Parking shall be prohibited from 404 feet north of Shiawassee Street to Genesee Street.
On the west side of SEYMOUR STREET the following regulations shall apply:
Parking shall be prohibited from Genesee Street to 137 feet south of Genesee Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 137 feet south of
Genesee Street to 155 feet south of Genesee Street;
Parking shall be prohibited from 155 feet south of Genesee Street to 183 feet south of Genesee
Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 183 feet south of
Genesee Street to 204 feet south of Genesee Street;
Parking shall be prohibited from 204 feet south of Genesee Street to 271 feet south of Genesee
Street;
CITY OF LANSING
TRAFFIC CONTROL ORDER
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
ORDER NUMBER: 09 - 029 (page 2 of 2)
FILE: Seymour Street (400 north)
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 271 feet south of
Genesee Street to 328 feet south of Genesee Street;
Parking shall be prohibited from 328 feet south of Genesee Street to 360 feet south of Genesee
Street;
No vehicle shall remain parked in the parking meter zone for a period exceeding four (4) hours
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday from 360 feet south of
Genesee Street to 391 feet south of Genesee Street;
Parking shall be prohibited from 391 feet south of Genesee Street to Shiawassee Street;
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-030 (Page 1 of 2)
FILE: Shiawassee Street (200 west)
In accordance with Ordinance Number 761 as amended, an investigation of the parking activities
and roadway conditions on Shiawassee Street from Capitol Avenue to Walnut Street has been
made; and as a result of said investigation, it is hereby directed that:
On the north side of SHIAWAS SEE STREET the following parking regulations shall apply:
Parking shall be prohibited from Capitol Avenue to 86 feet west of Capitol Avenue;
From 86 feet west of Capitol Avenue to 108 feet west of Capitol Avenue parking shall be limited
to those vehicles displaying an approved handicap designation;
No vehicle shall remain parked for a period exceeding thirty (30) minutes between the hours of
8:00 AM to 6:00 PM, Monday through Friday, from 108 feet west of Capitol Avenue to 149 feet
west of Capitol Avenue;
No vehicle shall remain parked for a period exceeding four (4) hours between the hours of 8:00
AM to 6:00 PM, Monday through Friday, from 149 feet west of Capitol Avenue to 256 feet west
of Capitol Avenue;
Parking shall be prohibited from 256 feet west of Capitol Avenue to 298 feet west of Capitol
Avenue;
No vehicle shall remain parked for a period exceeding four (4) hours between the hours of 8:00
AM to 6:00 PM, Monday through Friday, from 298 feet west of Capitol Avenue to 332 feet west
of Capitol Avenue;
Parking shall be prohibited from 332 feet west of Capitol Avenue to Seymour Street;
On the south side of SHIAWASSEE STREET the following parking regulations shall apply:
Parking shall be prohibited from Seymour Street to 84 feet east of Seymour Street;
No vehicle shall remain parked for a period exceeding four (4) hours between the hours of 8:00
AM to 6:00 PM, Monday through Friday, from 84 feet east of Seymour Street to 305 feet east of
Seymour Street;
Parking shall be prohibited from 305 feet east of Seymour Street to Capitol Avenue.
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-030 (Page 2 of 2)
FILE: Shiawassee Street (200 west)
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: 99-056
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
White: Transportation & Parking Office Yellow: City Clerk Pink:
Police Chief
January 14, 2009
REPORT FROM THE SECRETARY #09-010
PARKING REGULATION CHANGE REQUEST:
LANSING COMMUNITY COLLEGE AREA
The Transportation and Parking Office received a request from Eric Glohr, Director of
Auxiliary Services at Lansing Community College (LCC), to make changes to metered
parking time limits and restrictions on streets around LCC. These requested changes
are on North Capitol Avenue, West Shiawassee Street and North Seymour Street and
are based on the demolition of LCC's Old Central building, construction of the University
Center building and changes in the use of parts of other buildings on the campus. The
requested changes are detailed below and are shown on Figures 1 and 2 which follow
the body of the report.
On the east side of North Capitol Avenue, just south of Genesee Street, there are four
30 minute time limited parking meters that were in place to accommodate students
going into the Student Personnel Services building to pay tuition or conduct business
with LCC's Enrollment Services. These functions have been relocated to the Gannon
Building and the Student Personnel Services building has been converted to
classrooms. Therefore, it is no longer necessary for the meters to be short term. LCC
is requesting that two of these meters be converted to four hour time limits and the other
be converted to handicapper accessible parking meters with ten hour time limited
parking. This change will accommodate the needs of students and staff at the Student
Personnel Services and Technology and Learning Center buildings. At this time, there
are no handicapper accessible parking spaces near these two buildings.
On the west side of North Capitol Avenue, the first two meters south of Genesee Street,
are handicapper meters. With the demolition of the Old Central building, LCC is
requesting that these two handicapper spaces be converted to four (4) hour spaces and
the first space on west side of Capitol Avenue north of Shiawassee be converted to a
ten (10) hour handicapper space. This conversion would accommodate the needs of
students and staff for LCC's University Center.
1
File Capitol Avenue
Shiawassee Street
Seymour Street
Document in Unnamed
January 14, 2009
REPORT FROM THE SECRETARY #09-010
PARKING REGULATION CHANGE REQUEST:
LANSING COMMUNITY COLLEGE AREA
On the north side of West Shiawassee Street, just west of Capitol Avenue, LCC is
requesting that one of the four hour time limit meters be converted to handicapper
accessible parking with a ten hour time limit and two other meters be converted to 30
minute time limited parking. This conversion would accommodate the needs of
students and staff for LCC's University Center. Currently there is no handicapper
accessible parking near this building and the short term meters would accommodate
students and staff that have to conduct short-term business with the University Center
and its partner universities.
On the east side of North Seymour Street, south of Genesee Street there are two
handicapper accessible parking spaces with ten hour time limited parking. LCC is
requesting that these two meters be converted to four hour time limited parking with no
handicapper accessible parking designation since there is no longer a building at this
location due to the demolition of the Old Central building. There is also a curb cut mid-
block that should be converted to two four hour metered spaces.
The Transportation and Parking Office recommends that the metered parking plan as
outlined above be approved.
EXISTING PARKING METER LAYOUT
2
File Capitol Avenue
Shiawassee Street
Seymour Street
Document in Unnamed
January 14, 2009
REPORT FROM THE SECRETARY #09-010
PARKING REGULATION CHANGE REQUEST:
LANSING COMMUNITY COLLEGE AREA
30 MIN PARKING METERS
4 HR PARKING METERS
V4"
10 HR PARKING METERS
10 HR HANDICAP
PARKING METERS
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SHIAWASSEE ST,
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PROPOSED PARKING METER LAYOUT
3
File Capitol Avenue
Shiawassee Street
Seymour Street
Document in Unnamed
January 14, 2009
REPORT FROM THE SECRETARY #09-010
PARKING REGULATION CHANGE REQUEST:
LANSING COMMUNITY COLLEGE AREA
. ®®®M
'Tr
LEGEND
Wli 30 MIN PARKING METERS
4 HR PARKING METERS
SI
n 10 HR PARKING METERS
10 HP HANDICAP
PARKING METERS
W
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Ci
SHIAWASSEE ST.
File Capitol Avenue
Shiawassee Street
Seymour Street
Document in Unnamed
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
Virg Bernero, Mayor
TO: City Council President A'Lynne Robinson and Council Members
FROM: Mayor Virg Bernero
DATE: February 8, 2010
RE: Traffic Control Request: Fairfield Street and Felt Street
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
"Equal Opportunity Employer"
City of Lansing
Inter-Departmental
Memorandum
Virg Bernero, Mayor
January 29, 2010
Honorable Virg Bernero
and Lansing City Council
City Hall, 9th Floor
Lansing, Michigan 48933
Re: Traffic Control Request: Fairfield Street and Felt Street
Dear Mayor Bernero:
The Transportation and Parking Office conducted an investigation to determine traffic control
requirements at the intersection of Fairfield Street and Felt Street. Attached is the Report
from Secretary 09-013 detailing the findings from the Transportation and Parking Office.
Also attached is Traffic Control Order 09-023, authorizing the installation of this traffic control,
and a resolution for City Council consideration and action.
Respectfully submitted,
LANSING TRAFFIC BOARD
Andrew K. Kilpatrick, P.E.
Secretary
Attachments: RFS 09-013
Resolution
TCO 09-023
"Equal Opportunity Employer"
BY THE COMMITTEE ON PUBLIC SAFETY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the Transportation and Parking Office conducted a study of the roadway conditions
to detennine traffic control requirements at the intersection of Fairfield Street and Felt Street;
WHEREAS, based upon the results of this study, the Transportation and Parking Office
recommends the installation of stop signs on Fairfield Street at the intersection of Felt Street;
WHEREAS, based upon the results of this study, the Traffic Board, due to a lack of quorum, is
forwarding a positive, but unofficial, recommendation concurring with the Transportation and
Parking Office to install stop signs on Fairfield Street at the intersection of Felt Street;
WHEREAS, the draft minutes for the Traffic Board containing the Traffic Board's
recommendation for this matter are on file with the City Clerk's office;
WHEREAS, the Mayor concurs with the recommendation of the Traffic Board;
WHEREAS, the Committee on Public Safety reviewed the report and concurs with the
recommendation of the Traffic Board;
NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council approves Traffic
Control Order No. 09-023, thereby authorizing the Transportation Engineer to install stop signs
on Fairfield Street at the intersection of Felt Street;
BE IT FINALLY RESOLVED that Traffic Control Order No. 09-023 shall become effective
when signed by the Transportation Engineer and filed with the City Clerk and the appropriate
signs are installed.
CITY OF LANSING
TRAFFIC CONTROL ORDER
ORDER NUMBER: 09-023
FILE: Fairfield Street and Felt Street
In accordance with Ordinance Number 761 as amended, an investigation of the traffic conditions
on Fairfield Street and Felt Street has been made; and as a result of said investigation, it is
hereby directed that:
All eastbound and west bound traffic on FAIRFIELD STREET shall be required to stop prior to
entering the intersection at FELT STREET.
Any conflicting traffic regulations on the following Traffic Control Order(s) is/are hereby
rescinded: n/a
APPROVED BY THE CITY COUNCIL OF THE CITY OF LANSING ON:
ISSUED BY: DATE:
Andrew Kilpatrick, P.E.
Transportation Engineer
RECEIVED FOR FILING: SIGNED BY:
Date Chris Swope
City Clerk
DATE OF FILING WITH CITY CLERK:
January 27, 2009
REPORT FROM THE SECRETARY #09-013
TRAFFIC CONTROL REQUEST: FAIRFIELD STREET AND FELT STREET
The Transportation and Parking Office conducted an investigation to determine sight
distance and traffic control requirements at the intersection of Fairfield Street and Felt
Street. This study was conducted as part of the program to investigate all uncontrolled
intersections in the city.
The intersection of Fairfield Street and Felt Street is an uncontrolled residential four-leg
intersection. Fairfield Street is approximately five blocks long beginning at Creston
Avenue and terminating at a dead end east of Jones Lake. Fairfield Street is 20 to 23
feet wide in this area with unrestricted parking. Felt Street is three blocks long
beginning at Paulson Street and terminating at the Frederick Avenue intersection. Felt
Street is 20 to 21 feet wide with unrestricted parking.
A safe approach speed study was performed and revealed a safe approach speed of
seven (7) miles per hour (MPH) due to the fence, shrubs and trees located in the
southwest quadrant of the intersection. This critical safe approach speed applies to
vehicles traveling northbound and eastbound into the intersection.
A review of the accident records for this intersection indicates there has been one
reported accident from January 1, 2004 to December 31, 2008. The accident was a
single vehicle crash and occurred on February 2, 2007.
The Transportation and Parking Office recommends the installation of stop signs on
Fairfield Street at Felt Street because of the safe approach speed and to eliminate right-
of-way confusion.
Traffic Board Action Date: 2/11/09
Passed: 2(No Quorum l Declined: 0
File: Fairfield St & Felt St
Document in Unnamed
1
January 27, 2009
REPORT FROM THE SECRETARY #09-013
TRAFFIC CONTROL REQUEST: FAIRFIELD STREET AND FELT STREET
LOCATION DIAGRAM
Traffic Board Action Date: 2/11/09
Passed: 2(No Quorum) Declined: 0
File: Fairfield St & Felt St
Document in unnamed
2
January 27, 2009
REPORT FROM THE SECRETARY #09-013
TRAFFIC CONTROL REQUEST: FAIRFIELD STREET AND FELT STREET
PROPOSED SIGN LOCATION
Traffic Board Action Date: 2/11/09
Passed: 2(No Quorum) Declined: 0
File: Fairfield St & Felt St
Document in Unnamed
3
AGENDA
Lansing City Council
10th Floor, City Hall
124 West Michigan Avenue
Lansing, MI 48933
January 28, 2010
To .Whom It May Concern:
This letter is to inform you that the Mayor of Lansing has conducted a sham employment
process regarding the "Office of Community Media". As part of this process, I submitted
my professional credentials to your Personnel department as a job applicant in Fall 2008.
As you may or may not know, this position was never filled. The employment process, as
it played out, was a legal sham. The Mayor never intended to create this office or to staff
it in any way. The Mayor designed this process to make it appear as if he was doing
something to solve the community communications problem in this region, but he has
done nothing about this problem in any meaningful and/or tangible manner.
Please feel free to review my letters to your Personnel Department and to your Cable and
Telecommunications Advisory Board. It's a shame that the Mayor of Lansing misused
public funds through this process.
Ben Stark
Lifelong Resident of the Lansing Region
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Ms. Donna Black .
5th Floor, City Hall
124 West Michigan Avenue .
Lansing, MI 48933
January 14, 2010
Dear Ms. Black:
Thank you very much for your professional role last year in handling my application for
the position of "Director - Office of Community Media". Yolu work, and the work of
your staff, was very dignified throughout the entire process.
It was one year ago today that I appeared before the Lansing Cable and
Telecommunications Advisory Board (along with three others) as a finalist for this job.
On January 14, 2009, that Board unanimously recommended me to be hired for the
position. Since that night, I have not been contacted by anybody from the Office of the
Mayor regarding this position. My phone calls and emails to people who work in that
office have been unanswered. You are the only person on staff at the City of Lansing to
reply to my comm»nications, and for that I thank you.
As you know, this position was never filled. The employment process, as it played out,
was a legal sham. The Mayor never intended to create this office nor to staff it in any
way. The Mayor designed this process to make it appear as if he was doing something to
solve the community communications problem in this region, but he has done nothing
about that problem in any meaningful and/or tangible manner.
Therefore, with all due respect, I HEREBY WITHDRAW MY APPLICATION from this
employment process. Please do not consider me to be an active applicant for this job with
the City of Lansing.
Sincerely,
Ben Stark
Lifelong Resident of the Lansing Region
Cable & Telecommunications Advisory Board
Lansing City Hall
124 West Michigan Avenue
Lansing, MI 48933
January 21, 2010
To Whom It May Concern:
It has been more than one year since we all met together, ostensibly as part of an
employment selection process in order to staff a department called the "Office of
Community Media". The group interview of finalists for the Director position for that
office took place on January 14, 2009. It was reported to me that you gave' a unanimous
recommendation in favor of my hiring
Since that night, I have not been contacted by anybody in the Office of the Mayor
regarding this position. My phone calls and emails to that office have gone unanswered.
As you know, this position was never filled.
It is my observation that this process was a legal sham. The Mayor never intended to
create this office or to staff it in any way. The Mayor designed this process to make it
appear as if he was doing something to solve the community communications problem m
this region, but he has done nothing meaningful and/or tangible about the problem.
As you may recall from our discussion a year ago, it is my opinion that a non-political
community based group (be it a Board or a Commission) is essential to the successful
development of Community Media in Lansing. It was my intention through employment
with the City to energize and empower your Board with staff support and direction.
Instead, the Mayor has allowed your group to languish and "wither on the vine", with
multiple meeting failures and member resignations. Under these conditions, the future
development of Community Media in Lansing is LESS LIKELY NOW than ever before.
Thanks anyway for your endorsement, but I have withdrawn my application for the
position of "Director - Office of Community Media". This process shows that the Mayor
of Lansing was never serious about you or me or anybody who is interested in helping
our community.
Sincerely,
Ben Stark
Lifelong Resident of the Lansing Region
(2/1/2010) Terese Horn - FW: Property on Bardaville Drive Lansing, Michigan 48906 Page 1
From: "ROBINSON, A'LYNNE"
To: Terese Horn
CC: "ROBINSON, A'LYNNE"
Date: 2/1/2010 3:43 PM
Subject: FW: Property on Bardaville Drive Lansing, Michigan 48906
Please add this to next week's list of referred items. I will be referring it to D&P for review. Thanks.
Special Assistant to the Superintendent for Community Relations
522 Wildwood
Jackson, MI 49201
(517) 841-2208
(517) 937-3495 (cell)
(517) 789-8056 fax
www.jpskl2.org
From: Ray Whorton [mailto:gwicogic@comcast.net]
Sent: Monday, February 01, 2010 3:31 PM
To: ROBINSON, A'LYNNE
Subject: RE: Property on Bardaville Drive Lansing, Michigan 48906
No I'm working direct with the owners so far.
From: ROBINSON, A'LYNNE [mailto:AROBINSO@jpsmail.org ]
Sent: Monday, February 01, 2010 1:10 PM
To: Ray Whorton
Subject: RE: Property on Bardaville Drive Lansing, Michigan 48906
Ray are you working with a Real Estate firm? If so, which one?
From: Ray Whorton [mailto:gwicogic@comcast.net]
Sent: Monday, February 01, 2010 12:06 PM
To: council@ci.lansing.mi.us
Subject: Property on Bardaville Drive Lansing, Michigan 48906
Greetings to members of Lansing City Council,
Hello my name is Ray Whorton. I am a Lansing resident and I am Pastor of Greater Works International
Church of God in Christ and we want to know if we could get exemption from property tax for 23,500 sq
feet of vacant land on the east side of Bardaville Drive to build church on this calendar year. The property
is located on Bardaville Drive in zip code 48906 south of Lansing Airport.
Please tell me what I would have to do and the appropriate steps I have to take. Thank you
My contact information is:
Ray Whorton
517-214-3865
Fox Brothers Company c/o Mr. Jim Fox owns the land and we are currently performing the transaction to
purchase the land from them to build the church on. Thank you in advance for the info.
Sincerely,
Ray Whorton