CITY OF EAST LANSING REGULAR COUNCIL MEETING MINUTES June 7, 2016

Transcription

1 CITY OF EAST LANSING REGULAR COUNCIL MEETING MINUTES June 7, 2016 Present: Altmann, Beier, Draheim, Woods, Meadows Absent: none The meeting was called to order at 7:00 p.m. by Mayor Meadows. The meeting was held in Council Chambers of the 54-B District Court, 101 Linden Street, East Lansing. Item 1 Approval of the Agenda Moved by Woods, seconded by Beier to approve the agenda. Item 2 Approval of the Minutes Moved by Draheim, seconded by Altmann to approve the minutes for the May 24, 2016 special session meeting. Item 3 Written Communication Document of written communication received by Council as of today s date is in agenda packet and available to the public on Granicus system on City website Meadows read into record written communications. Eilia Singla in support of the Costco development Ted Anton, Marv Selge, John Kinch, George Varney, James Carter in support of the solar project Dorinda VanKempen, 492 Tarleton Avenue, in support of the solar project Item 4 Communications from Audience Don Power, 1200 Blanchette Drive, spoke in opposition to tax abatement for solar project and expressed concerns over pension liability Jay Todd, 410 Oxford Road, spoke in support of amending Ordinance No Item 5 Special Presentation A special presentation was given by Douglas Jester, supported by Tim Dempsey on the Non- Conforming Uses Committee. Tim Dempsey, Darcy Schmitt, and Annette Irwin were staff involved and were great support. Jester thanked all participants on the committee. 172

2 Jester highlighted the process and how it was designed to give voice to all parties. He explained process taken to arrive at the series of recommendations. Jester reported the committee held seven (7) meetings, each about 2 or 3 hours. Views were articulated through an appendix and urged Council to read all the statements, as they offer a good insight into these issues. Meadows stated Council will look at the document and will move as quickly as possible, based on the recommendations, to hold public hearings important to the community. Item 6 Communication from Mayor and Council Members Councilmember Altmann: No report Councilmember Woods: Wednesday, June 22 there will be a fundraiser for the Ceramic Studio at Hannah Community Center; 5:00 p.m. there will be ceramics for children or adults to paint or decorate; 6:00 p.m. an auction of donated ceramics and at 7:00 p.m. a movie The Second Mother showing; support the event to get the ceramic studio built! Councilmember Draheim: No report Mayor Pro Tem Beier: No report Mayor Meadows: Doug Jester, Jim Little, Heather Sprinkel, Pat Riley, and Fred Fabian are helping form a committee to rename No- Name Park to Bill Sharp Park. He also commended staff on the Recycle East Lansing effort. Item 7 City Manager s Report No report Item 8 City Attorney s Report No report Item 9 Consent Agenda 1. Approval of Policy Resolution Sidewalk Repair & Construction- Amending Policy Resolution Approval of the Department of Public Works Criteria for Sidewalk Repair document 173

3 3. Approval of an increase of up to $4, in the contract with Central Excavating, LLC for the construction of the Gainsborough Drive-Sanderson Drain Culvert Replacement to a total amount of $66, Approval of a proposal from Wolverine Engineers & Surveyors to provide a full-time on-site field inspector and authorize the City Manager to enter into a contract at a fixed fee rate of $73.19 per hour 5. Approval of a resolution to modify the operational and enforcement hours of downtown parking meters and pay-by-space machines 6. Approval to purchase ninety-two IPS smart meters for the downtown in the amount of $46, Approval to purchase six Parkeon multi-space meters for the downtown in the amount of $59, Approval to extend the existing Sanitary Sewer Cleaning and Televising Program with United Resources, LLC from $380, to $450, and authorized the City Manager to execute the contract amendment 9. Authorize the City Manager to sign the Michigan Council For Arts and Cultural Affairs Assurances form requesting up to $30,000 for the Performance Program at the 2017 East Lansing Art Festival 10. Introduce and refer to the Planning Commission, Ordinance 1373, an ordinance to rezone acre from RM8, Planned Unit Development District to B2, Retail Sales Business District along Saginaw Highway between its intersections of Park Lake and East Lansing Roads, and along Park Lake Road between its intersections of Merritt and Haslett Roads 11. Approval of a resolution amending the conditions of annexation with Meridian Township 12. Approval of the Housing Commission recommendation to approve a conditional Class III rental license for 600 Albert Place, Unit 416 for or up to 2 unrelated persons or a family. The owners are Spartan Roots, LLC, Redington Beach, Florida, the local legal agent will be an occupant and daughter of the members of the LLC, Erika Tvedten 13. Set a public hearing for June 21, 2016 for Ordinance No. 1374; An Ordinance to add Section 2-84a to Division 2 Code of Ethics Of Article III Officers and Employees Of Chapter 2 Administration Of the Code of the City of East Lansing 14. Approval of up to $82, for the purchase of additional AVI (ballistic and medical) equipment to be reimbursed 100% from the Competitive Grant Assistance Program (CGAP) 15. Approval of resolutions of recognition for excellence in East Lansing High School Athletics and for induction in the East Lansing Hall of Fame for the following: Jeff Brubaker 174

4 Robert Brown Craig Fedore Abe Geiger Bradley Edward Jones Ron Mead Andrew Dean Timothy Miller Kitty Hryniewicz Mitchell Dan Olsen Doug Petroff Alexandra Hilbert Weisner The 1951 Boys Tennis Team The 1981 Boys Ski Team Moved by Altmann, seconded by Woods to approve the consent agenda. CITY OF EAST LANSING POLICY RESOLUTION SIDEWALK REPAIR AND CONSTRUCTION AMENDING POLICY RESOLUTION WHEREAS, it is the desire of City Council to update provisions of existing Policy Resolution concerning sidewalk construction and repairs; and WHEREAS, it is the desire of the City Council to continue to facilitate the timely repair of sidewalks which are found to be in a state of disrepair; and WHEREAS, it is the desire of City Council to pursue policies and programs to continue to further the installation of sidewalks along public streets; NOW THEREFORE BE IT RESOLVED THAT: City of East Lansing Policy Resolution (sidewalk repair and construction) is hereby rescinded; and BE IT FURTHER RESOLVED THAT: The construction, administrative and inspection costs for the installation of new sidewalks along public streets which are ordered in under Chapter 38 of the City Code of Ordinances shall be assessed to the property owner and the City-at-large, pro rata, on the following basis: Along local streets, wherever practical sidewalks shall be five feet in width to be paid fully by the property owners. 175

5 Along major streets, wherever practical sidewalks shall be a minimum of eight feet in width to be paid as follows: Parcels in the R-1, R-2, and R-3 zoning districts- the property owner will be assessed five feet of width and the balance to the City-at-large. Parcels in all other zoning districts- the property owner will be assessed eight feet of width and the balance to the City-at-large. This provision shall not apply to the repair of existing deteriorated sidewalks and to new subdivisions which costs shall all be paid or assessed to the property owner; and BE IT FURTHER RESOLVED THAT: For repairs to existing deteriorated sidewalks, the City atlarge shall continue to pay all construction and administrative costs for sidewalks within street rightsof-way that: a. Are necessary due to damage caused by trees located on or within street rights-ofways. b. Are necessary due to settlement of trenches over utilities which have been installed by the City of East Lansing, or its contractors. c. Are located within street intersections (An intersection is defined as that area of the street right-of-way located within the extension of the property lines of corner properties.) BE IT FURTHER RESOLVED that when sidewalk repairs are completed by the City of East Lansing, or its contractors, and billed to the property owner, an administrative fee of 15% of the repair costs shall be added to the bill; and BE IT FURTHER RESOLVED that this sidewalk policy shall become effective July 1, 2016 and shall not be retroactive for any purpose. CITY OF EAST LANSING EAST LANSING CITY COUNCIL A RESOLUTION TO MODIFY THE OPERATIONAL AND ENFORCEMENT HOURS OF DOWNTOWN PARKING METERS AND PAY-BY-SPACE MACHINES. WHEREAS, Chapter 44, Article IV, Division 2, of the Code of Ordinances of the City of East Lansing places the operational control of the City s parking system by resolution of the City Council upon recommendation of the City Manager; and WHEREAS, the City Manager has recommended and the City Council seeks to alter the operational and enforcement hours of downtown meters and pay-by-space in conjunction with rate changes implemented by adoption of the Fiscal Year 2017 Budget of the City of East Lansing. 176

6 NOW THEREFORE BE IT RESOLVED, that the Council for the City of East Lansing hereby modifies the parking meter operational and enforcement hours of downtown smart meters equipped with credit card functionality and parking spaces managed with pay-by-space machines from 8 a.m. to 3 a.m. effective upon the date of meter installation but no sooner than July 1, BE IT FURTHER RESOLVED, that operational and enforcement hours for parking meters along Valley Court Drive shall remain from 8 a.m. to 6 p.m. Item 10 Public Hearing - Ordinance No Consideration of Ordinance No. 1372; an ordinance to amend section of Division 2 - Disorderly Conduct - of Article II Offenses Against Public Peace and Order - of Chapter 26 - Offenses Of the Code of the City of East Lansing Public Comment: Patrick Rose, 310 Oxford Road, spoke in support of amendments to Ordinance No Joe Tuchinsky, 259 Clarendon Road, spoke in support of amendments to Ordinance No Meadows closed public comment. Moved by Meadows, seconded by Altmann to approve substituted language to Ordinance No Discussion: Council discussed and clarified the substituted language presented by Meadows. Moved by Meadows, seconded by Beier to approve substitute Ordinance No Discussion: Meadows stated the original version of Ordinance No was written in 1999 in response to riots and fires. He commended community members for their input on writing the language for the proposed substituted Ordinance No He said he would support the ordinance. Altmann stated he would be supporting this ordinance. He stated he was thankful for the input from citizens in writing an ordinance. 177

7 CITY OF EAST LANSING ORDINANCE NO AN ORDINANCE TO AMEND SECTION OF DIVISION 2 - DISORDERLY CONDUCT - OF ARTICLE II - OFFENSES AGAINST PUBLIC PEACE AND ORDER - OF CHAPTER 26 - OFFENSES - OF THE CODE OF THE CITY OF EAST LANSING. THE CITY OF EAST LANSING ORDAINS: Section of Chapter 26 of the Code of the City of East Lansing is hereby amended to read as follows: Sec Prohibited acts. No person shall: (1) Be intoxicated in a public place and be endangering directly the safety of another person or property. A peace officer who has reasonable cause to believe a person has violated this subsection may ask the person to consent to a preliminary chemical breath analysis or other acceptable blood alcohol test. The results are admissible in a prosecution to determine whether the person was intoxicated. A person whose body alcohol content is equal to or greater than 0.08 grams per 100 milliliters of blood, per 200 liters of breath, or per 67 milliliters of urine, at the time of testing shall be presumed to be intoxicated. (2) Knowingly engage in any indecent or obscene conduct in any public place, or knowingly make any immoral exhibition or indecent exposure of his/her person. (3) Discharge any firearms, air rifle, or slingshot, nor shall any person have any air rifle or sling shot in his/her possession in any street, or park, except the same be securely wrapped or encased. (4) Engage in peeping in the windows of any inhabited place. (5) Reserved. (6) Swim or bathe in the nude in any public place. (7) Accost, molest, or otherwise annoy, either by touching or by word of mouth, or by sign or motion, any person in any public place with intent to interfere with or abuse that person or culpably offend his/her dignity or sensibilities. (8) Urinate, defecate, or spit on any street, sidewalk, alley, park, parkway, parking lot or structure, public carrier, or upon any public building or place of public assemblage or upon any other public or private property of another open to public view, or upon any private property of another without the consent of the owner, except where an approved sanitary facility is provided and used. 178

8 (9) Disturb the public peace and quiet by loud or boisterous conduct or by engaging in any disturbance, fight, brawl, or quarrel in any public place. (10) Assemble or act in concert with four or more other persons for the purpose of engaging in conduct constituting the crime of riot, or be present at any assembly that either has or develops such a purpose and remain thereat with intent to advance such purpose. For purposes of this section, a person, other than an on-duty law enforcement officer, remains at a riot with the intent to advance its purpose if they participate in the riot in any manner including, but not limited to, committing or attempting to commit any of the following acts: a. Throwing or propelling or causing to be propelled any object which includes, but is not limited to, discharging fire extinguishers or deploying fireworks as defined by MCL a(1)(a). b. Damaging, destroying, injuring or defacing any public property or private property not their own. c. Meddling with any deployed riot control agent. d. Exposing their buttocks, genitalia, or, if a female, exposing their breasts. e. Wearing a gas mask, helmet, or protective clothing for the purpose of avoiding the effects of deployed riot control agents or for the purpose of meddling with deployed riot control agents. f. Wearing a mask or taking other measures to hide their identity. g. Participating in chants or taunts directed toward the police. h. Walking or running through a police line or otherwise obstructing the police in the discharge of their duties. i. Refusing or failing to leave a public street or sidewalk after an order to do so is given by a police officer. j. Remaining on a street, sidewalk or other public property where a riot control agent has been deployed within that area or returning to said street or sidewalk or other public property within two hours after a riot control agent has been deployed in that area other than to directly traverse the area to get to a destination outside of the area. k. Remaining on a street, sidewalk or other public property after a public announcement has been made over a loud speaker that an assembly on that street, sidewalk or that public property is an unlawful assembly or returning to a street or sidewalk or other public property within two hours after such an announcement has been made other than to directly traverse the area to get to a destination outside of the area. l. Starting a fire or placing combustible items onto a fire. m. Engaging in a physical fight or pushing or shoving persons other than in selfdefense. 179

9 n. Cheering, applauding or otherwise encouraging any of the conduct identified in subsections (a) through (m) of this section. (11) Jostle or roughly crowd persons in any street, alley, park, or public building. (12) Loiter, remain, or wander in or about a place without apparent reason and under circumstances which warrant alarm for the safety of persons or property and, upon the appearance of a peace officer, take flight, manifestly endeavor to conceal oneself, or, upon inquiry by a police officer, refuse to identify himself/herself or give a reasonable, credible account of his/her conduct and purposes. (13) Knowingly attend, frequent, operate, or loiter in or about any place where prostitution, gambling, the illegal sale of intoxicating liquor, controlled substances, or any other illegal business or occupation is permitted or conducted. (14) Solicit or accost any person for the purpose of engaging in prostitution or any illegal or immoral act. (15) Knowingly transport any person to a place where prostitution or gambling is practiced, encouraged, or allowed for the purpose of enabling such person to engage in such acts. (16) Keep or maintain a gaming room, gaming table, or any policy or pool tickets, used for gaming; knowingly suffer a gaming room, gaming tables, or any policy or pool tickets to be kept, maintained, played, or sold on any premises occupied or controlled by him/her except as permitted by law; conduct or attend any cock fight or dog fight; or place, receive, or transmit any bet on the outcome of any race, contest, or game of any kind whatsoever. (17) Knowingly permit or suffer any place occupied or controlled by him/her to be used so as to disturb the public peace. (18) Assault, obstruct, resist, hinder, or oppose any member of the police force, any peace officer, or firefighter in the discharge of his/her duties as such. (19) Prowl about any alley or the private premises of any other person in the nighttime, without authority or the permission of the owner of such premises. (20) Summon, as a joke or prank or otherwise without any good reason therefor, by telephone or otherwise, the police or the fire department or any public or private ambulance to go to any address where the service called for is not needed. (21) Wrongfully throw or propel any snowball, missile, or object from any moving automobile. (22) Wrongfully throw or propel any snowball, missile or object toward any person or automobile or propel any glass object onto any public street or sidewalk. (23) Discharge a fire extinguisher in public or on the premises or in the residence of another, without permission of the owner or occupant thereof, other than with the intent to extinguish a fire. 180

10 (24) Maliciously telephone any other person for the purpose of harassing, molesting, threatening, intimidating, or annoying such other person or his/her family, whether or not conversation ensues. (25) Make a false report, by telephone or otherwise, to any public official which may be reasonably expected to cause the evacuation or closing of a building or place open to the public. (26) Falsely impersonate a police officer, firefighter, or housing, building or zoning code enforcer for the purpose of gaining entry to private property, or access to private records, or access to public records which would not otherwise be subject to public disclosure under the law. (27) Invite, entice, coax, persuade, or induce by threat, any minor child under the age of 17 years to enter any motor vehicle, or conveyance, or private property or place, except where the parent or guardian of said child has given that person his/her express prior consent; this section shall not prohibit school personnel, peace officers, or public health, or social welfare personnel from carrying out the normal duties of their employment. (28) Reserved. (29) Furnish to a peace officer false, forged, fictitious, or misleading verbal or written information either identifying the person as another person or falsely misrepresenting a material fact about the person including, but not limited to, the person's date of birth or correct spelling of their full name, if the person is detained for a violation of the law, is temporarily detained for the purpose of issuance of an appearance ticket or civil infraction citation, or has an outstanding warrant for their arrest. (30) Furnish or use any false, fraudulent, or misleading verbal or written information identifying the person or his/her age to any agent or employee of any licensed establishment which sells or furnishes alcoholic liquor for the purpose of purchasing or consuming alcoholic liquor or to gain entry to the establishment. Any written information which the licensee or his/her agent or employee has reasonable suspicion to believe is false, fraudulent, or misleading shall be seized by the licensee and delivered to the East Lansing Police Department no later than 12:00 p.m. of the next business day following seizure. A suitable sign describing this section shall be posted in a conspicuous place in each room of the establishment. Upon conviction for a violation of this subsection, furnishing or using fraudulent identification, the court shall order the suspension of the person's operator's or chauffeur's license pursuant to MCL (2) and MCL (5). The court shall immediately forward the suspended license and an abstract of conviction to the secretary of state. (31) Knowingly or intentionally remaining on a public sidewalk, public street, private property open to the public, or the unenclosed private property of another within 300 feet of a structure fire, vehicle fire, or unlawful fire, after a fire or police official determines a public danger exists and orders individuals to vacate the area and a reasonable period of time has elapsed which permits individuals to leave the area. No person shall remain on a public sidewalk, public street, private property open to the public or unenclosed private property of another between a fire truck parked adjacent to a structure fire, vehicle fire or unlawful fire that fire officials are seeking to contain while knowingly hindering, obstructing or interfering with fire officials discharging their duties after being ordered to vacate the area. 181

11 a. These provisions do not apply to persons attempting to put out or contain the fire prior to the arrival of firefighting personnel. b. These provisions do not apply to firefighters, other emergency personnel and police officers discharging their duties as such, or to persons remaining or traveling directly to or from a structure out of a necessity. c. These provisions do not apply to persons to whom any fire or police official has given express permission to remain unless that permission is revoked by the on-site fire incident commander or on-site supervisor of the police department. d. These provisions do not apply to a person awaiting arrival of public safety personnel to warn others of danger or provide information about the fire, structures involved, or information that could be useful to public safety personnel, such as, but not limited to information about the origin of the fire, whether any occupants could be in any structure involved, materials that may be in the structure or vicinity of the fire, persons observed in the vicinity of the fire, words, or noises heard, and the condition of any structures involved or persons or property harmed. e. For purposes of these provisions, an unlawful fire does not include any cooking fire contained in a grill designed for that purpose on private property or any fire that is not in a contained outdoor fireplace on private property. An unlawful fire does not include lit lighters, lit matches or lit candles or emergency flares used for that purpose, but it does include all other fires, flames or combustible materials not authorized by law. (32) Direct a verbal, physical or electronic act against the person, family or property of any individual who complains of or witnesses a violation of the East Lansing City Code for the purpose of intimidating or retaliating against that person for the exercise of the right to complain or testify to a violation of this Code. (33) Being an employee of a licensed liquor establishment, knowingly allow admittance of a person less than 21 years of age into said establishment, or allow admittance by failure to make a diligent inquiry as to whether the person is less than 21 years of age, at any time when the liquor establishment's special use permit or official policy prohibits entry of that person. For purposes of this subsection an official policy shall mean a policy on file with the East Lansing Police Department and posted at the entrance to the establishment specifying at what times persons under 21 years of age are not allowed in the establishment. Item 11 Public Hearing - Industrial Development District Consideration of the creation of an Industrial Development District pursuant to act 198 of 1974 as amended Resource: Lori Mullins 182

12 Mullins gave a brief description of the plans for creating an industrial development district. She presented the parking lots proposed to use. With the assistance of a representative of Innovateus Solar, the project was explained to Council. The proposal consisted of the installation of solar panels on the top of carports. Public Comment: Ralph Monsma, 1350 Red Leaf Lane, spoke in opposition to both the Industrial Development District and the tax abatement Christine Root, 729 Sunset Lane spoke in opposition to the Industrial Development District and tax abatement Andy McGlashen, 1542 Snyder Road, spoke in favor of solar power and the Industrial Development District George Howard, Granger, Indiana, owner of Innovative Solar and spoke in favor of the Industrial Development District Closed public hearing. Moved by Draheim, seconded by Meadows to approve the Industrial Development District. Discussion: Draheim spoke about the development of the Climate Sustainability Plan. MSU is part of our town and, however this solar plan happens, it does positively impact the City of East Lansing. It has a direct impact on the residents living in East Lansing. This project helps us meet our goals and health benefits, supporting our strategic priorities and helps MSU meet its sustainability plan. This is a winwin project. We need to work together with MSU and should be helping each other. Altmann stated he would not be supporting this proposal. He stated he understood the benefits and the property tax issue. He said he was concerned about the costs and needs of the City. He did not believe this is the only choice for this type of project or the right time. He stated in the future there may be another vendor and a better opportunity to provide financial assets to the City. Meadows said he was not certain this was the right exemption for this project. He further stated it is a responsibility to meet the strategic priority to move away from non-fossil fuels. He stated he was not opposed to a tax abatement relating to the installation of the solar project but was not convinced the 80% or 30% abatement were the correct amount at this time. Woods asked for clarification on the time table or pressure to get this project done. She agreed with other Councilmembers concerning the importance of alternative energy sources but would like more information and time to look at the project before making a decision. Moved by Meadows, seconded by Woods to defer the creation of an industrial development district to the June 21, 2016 City Council meeting. MOTION APPROVED TO DEFER 183

13 Item 12 Public Hearing - Exemption of New Personal Property Tax Consideration of an application for exemption of new personal property tax for Spartan PV 1, LLC. pursuant to Act 328 of 1998 as amended Resource: Lori Mullins Mullins compared the abatement tables provided on Granicus and hard copies handed out to Council. Councilmembers asked several questions about the abatement tables. Beier requested the representative from MSU to speak. Public comment: No comments. Moved by Meadows, seconded by Beier to defer the consideration of an application for exemption of new property tax for Spartan PV 1, LLC to the June 21, 2016 City Council meeting. Discussion: Draheim requested to hear input from the MSU representative about the tax abatement. The consultant for MSU spoke briefly and answered questions. He explained a variety of options were explored before deciding on the use of the carports for a solar energy source. Due to current regulations and other factors the carports were the most viable solution for MSU. The bid from Inovateus Solar was the best offer. If an abatement is not offered the project will not happen. The 80% will work but 30% abatement would not work. Council asked questions about solar energy and MSU s visions. MSU has a 100% renewable energy goal. Solar energy, at this time, is the most economically viable solution for MSU. Beier asked questions about MSU s financial contribution for the project. MSU is responsible for the cash flow to finance the project and provide equipment for the project to get the energy to their grid. The state of Michigan taxes solar higher than most other states. Beier asked if MSU researched a grant. It was not economically viable for MSU. Beier expressed her concern with the City giving an abatement. Meadows verified MSU s contract with Inovateus would allow them to purchase the solar system at end of 7 years and, at that time, there would be no property taxes. The consultant answered this was correct. Woods asked about other properties having this abatement agreement. The MSU consultant affirmed there are many having this as a common agreement. Other states are more solar friendly, giving tax exemptions and breaks (36 states give complete or partial). Woods asked about the growth in solar energy. Solar energy has grown 40-50%, providing 1% of total electricity in the United States. 184

14 Item 13 Business Agenda 1. Reconsideration to amend a previously approved resolution to adopt Brownfield Plan #21 approving tax increment financing for the White Oak Place Project located at E. Grand River Avenue and Spartan Avenue on May 24, 2016 to read as the resolution attached hereto Resource: Lori Mullins Moved by Meadows, seconded by Draheim to reconsider a previously approved resolution to adopt the Brownfield Plan #21. Meadows stated staff originally wrote in a 26% capture rate calculation and recalculated a 28.5% capture rate. The purpose of the reconsideration is to replace the 26% with the 28.5%. Moved by Meadows to amend, with substitute language, the Brownfield Plan #21, seconded by Altmann. CITY OF EAST LANSING EAST LANSING CITY COUNCIL A RESOLUTION TO ADOPT BROWNFIELD PLAN #21 FOR THE CITY OF EAST LANSING, APPROVING TAX INCREMENT FINANCING FOR THE WHITE OAK PLACE PROJECT LOCATED AT E.GRAND RIVER AVENUE AND SPARTAN AVENUE IN COMPLIANCE WITH THE PROVISIONS OF ACT 381, PUBLIC ACTS OF 1996 AS AMENDED. WHEREAS, on August 15, 2000, the City of East Lansing Council, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the Act ), established the City of East Lansing Brownfield Redevelopment Authority (the Authority ) to facilitate the implementation of plans relating to the identification and treatment of eligible properties in East Lansing; and WHEREAS, on August 15, 2000, the City of East Lansing Council adopted the original Brownfield Plan for the City of East Lansing; and 185

15 WHEREAS, the property located at 1301 E. Grand River Avenue, (the Property ), in the City of East Lansing has been determined to be a Facility as defined by Act 381 of Public Acts of 1996; and WHEREAS, a brownfield redevelopment plan has been prepared as Brownfield Plan #21 for the City of East Lansing (the Plan ), to restore the environmental and economic viability of the property; and WHEREAS, pursuant to and in accordance with Section 13 of the Act, the Authority, on February 25, 2016 approved Brownfield Plan #21; and WHEREAS, East Lansing City Council has reviewed the Plan, and has provided a reasonable opportunity to interested persons to express their views and recommendations regarding it in accordance with Section 13(12) of the Act; and WHEREAS, all taxing jurisdictions that levy taxes under the Act were notified of the public hearing regarding Brownfield Plan #21, informed of the fiscal and economic implications of Brownfield Plan #21, and provided an opportunity to be heard in accordance with Section 13(13) of the Act; and WHEREAS, the City of East Lansing Council held a public hearing on April 12, 2016 to receive comment on the proposed Brownfield Plan #21 in accordance with Sections 13(10) and 13(12) of the Act; and WHEREAS, on May 24, 2106 the East Lansing City Council deemed that Brownfield Plan #21 meets all requirements of a Brownfield Plan under the Act, the plan constitutes a public purpose, the proposed method of financing the costs of eligible activities is feasible, the costs of eligible activities are reasonable and necessary to carry out purposes of the Act, and the amount of captured taxable value estimated to result from adoption of Plan is reasonable. NOW THEREFORE BE IT RESOLVED, that the Council for the City of East Lansing accepts the recommendation of the Authority, and approves the adoption of the Brownfield Plan #21 for the White Oak Place Project. Except as follows: 1. The total Brownfield capture amount of $3,218, plus the State Brownfield fees and City BRA fees with a total reimbursement amount to the developer of $3, with a fixed capture percentage rate of 28.5% over 30 years. Item 14 Business Agenda 2. Reconsideration of the White Oak application from Next Generation Investment Properties, LLC, for Site Plan and Special Use Permit approval for the properties at E. Grand Avenue and Spartan Avenue to construct a 6-story mixeduse building with commercial use on the first floor and five floors of residential above, including street-level and underground parking to accommodate the entire proposal. The properties are located in the B-2, Retail Sales Business District 186

16 Moved by Meadows, seconded by Altmann to reconsider the site plan approval. Meadows discussed Condition #20 in the Site Plan. Moved by Meadows to substitute language in Condition #20, seconded by Altmann. Moved by Altmann, seconded by Meadows to substitute language in Condition #21, to follow arboreous best practices to protect large White Oak tree. BUSINESS AGENDA Item #20 from Consent Agenda 3. Approval of a resolution amending the conditions of annexation with Meridian Township Resource: Tom Yeadon Moved by Meadows, seconded by Altmann to approve the site plan as amended. Moved by Meadows, seconded by Draheim to reconsider Item #20, annexation with Meridian Township. Yeadon gave an explanation of development of Costco at the annexed site. Two documents, the annexation resolution and an urban cooperation agreement, change conditions to accommodate Costco and meet requests from Meridian Township. Moved by Meadows, seconded by Altmann to approve the urban cooperation described by Yeadon. Moved by Meadows, seconded Draheim to adopt the resolution amending conditions of annexation presented by Yeadon on June 7,

17 Discussion: In 2001 this property was annexed to City of East Lansing. It is a unique arrangement. Unlike most annexations which are enacted through a 425 agreement, the City and Meridian Township entered into a 108 agreement, where Meridian Township and East Lansing are required to work together to regulate the zoning. This document is necessary to let Costco go forward with the process of discussion and to specifically provide opportunity to weigh in on the development of Costco. Altmann clarified the changes are specifically for the Costco project. Meadows affirmed the statement. CITY OF EAST LANSING EAST LANSING CITY COUNCIL RESOLUTION AMENDING THE CONDITIONS OF ANNEXATION WHEREAS, the City of East Lansing approved a resolution on October 30, 2001 approving a resolution annexing said territory to the city of East Lansing; and WHEREAS, the Board of Trustees of the Charter Township of Meridian approved a corresponding resolution on October 29, 2001 for the annexation of said territory to the city of East Lansing; and WHEREAS, the annexation was conditioned on the following zoning restrictions; l. For a period of thirty-four (34) years following the date of filing of this resolution with the Michigan Secretary of State Office of Great Seal, grant land use approvals only for those uses permitted by right or by special use permit in the RA, R-1, R-2, R-3, or RM-8 residential districts, or the B-4 restricted office business district of the East Lansing zoning ordinance, being Chapter 55 of the East Lansing City Code, except that B-4 uses shall not exceed twenty percent (20%) of the uses permitted in the annexed area. 2. For a period of thirty-four (34) years fol1owing the date of filing of this resolution with the Michigan Secretary of State Office of Great Seal, zone or rezone said territory only to use district classifications RA, R-1, R-2, R-3, or RM-8 residential districts, or the B-4 restricted office business district as described in the East Lansing zoning ordinance, being Chapter 55 of the East Lansing City Code, except that B-4 use district classification shall not exceed twenty percent (20%) of the. zoning classifications assigned to the annexed area. WHEREAS, the City Council of the City of East Lansing and the Board of Trustees of the Charter Township of Meridian desire to allow said property to be rezoned B-2, Retail Sales Business District, to permit the construction of a Costco Department Store under the condition that most of the property not approved for use by the Costco store and related items or not currently designated as 188

18 outlots will be subject to a conservation easement as designated in Exhibit B and the intended retailer (but not any outlot owners) pay employee wages equal to at least one hundred fifty percent (150%) of the minimum wage for a minimum of two years after Costco commences service to customers. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Lansing, Ingham County, Michigan, does hereby change the two conditions of annexation identified above for that certain area of land described in Exhibit A that was approved by resolution on October 30, 2001 by the East Lansing City Council and approved by resolution the Board of Trustees of the Charter Township of Meridian on October 29, 2001, to read as follows : 1. For a period of thirty-four (34) years following the date of filing of this resolution with the Michigan Secretary of State Office of Great Seal, grant land use approvals only for those uses permitted by right or by special use permit in the RA, R-1, R-2, R-3, or RM-8 residential districts, and the B-2 retail sales business district and B-4 restricted office business district of the East Lansing zoning ordinance, being Chapter 55 of the East Lansing City Code, under the condition that the B-2 use shall be for a Costco retail store and most of the property not approved for use by the Costco store and related items or not currently designated as outlots will be subject to a conservation easement as designated in Exhibit B and the intended retailer (but not any outlot owners) pay employee wages equal to at least one hundred fifty percent (150%) of the minimum wage for a minimum of two years after Costco commences service to customers and except that B-4 uses shall not exceed twenty percent (20%) of the uses permitted in the annexed area. The B-2 rezoning to permit a Costco is further conditioned on a site plan approval process wherein an approved site plan must meet or exceed the standards set forth in comparable Meridian Township ordinances through the following process: within three (3) business days of the receipt of an application for site plan approval, the City shall transmit a copy of the application and all supporting documents to the Township; within 14 days of the receipt of the site plan and supporting documents the Township shall transmit to the City the specific provisions of its comparable ordinances that it finds applicable to the site plans, which shall then be used by the City in the review process when those provisions exceed the requirements of comparable East Lansing ordinances pertaining to site plan review. 2. For a period of thirty-four (34) years fol1owing the date of filing of this resolution with the Michigan Secretary of State Office of Great Seal, zone or rezone said territory only to use district classifications RA, R-1, R-2, R-3, or RM-8 residential districts, and the B-2 retail sales business district and B-4 restricted office business district of the East Lansing zoning ordinance, being Chapter 55 of the East Lansing City Code, under the condition that the B-2 use shall be for a Costco retail store and most of the property not approved for use by the Costco store and related items or not currently designated as outlots will be subject to a conservation easement as designated in Exhibit B and the intended retailer (but not any outlot owners) pay employee wages equal to at least one hundred fifty percent (150%) of the minimum wage for a minimum of two years after Costco commences service to customers and under the condition that B-4 uses shall not exceed twenty percent (20%) of the uses permitted in the annexed area. 189

19 BE IT FURTHER RESOLVED that except as stated herein all other conditions of the original resolution shall remain in full force and effect. BE IT FURTHER RESOLVED that this alteration to the conditions of annexation so made by this resolution and vote of a majority of the Council members of the East Lansing City Council will not be effective until a corresponding resolution is approved and consented to by the Charter Township Board of Meridian Charter Township, Ingham County, Michigan and until the November 1, 2001 Urban Cooperation Agreement between the parties concerning this property is amended to extend the term of the agreement until December 30, 2039 with respect to the revenue sharing provisions of paragraph 8 of that agreement; and BE IT FURTHER RESOLVED that the revisions to the Resolution of Annexation and are also contingent upon the initiation of a site plan approval by Costco and apply to such application only. Should Costco fail to initiate a site plan approval process within 180 days of the passage of this resolution, the above referenced revisions of the Resolution of Annexation and the Urban Cooperation Agreement shall be void and the original versions of those documents shall continue in force as if unamended. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify the Charter Township Board of Meridian Charter Township, Ingham County, Michigan, of the adoption of this resolution; give the Township Clerk of said Township a certified copy of this resolution; and after the resolution herein made is approved and consented to by said Township Board, the City Clerk shall file duplicate certified originals of the City and Township resolutions with the Office of Great Seal of the Michigan Secretary of State and the Ingham County Clerk. Item 14 Adjournment Meeting was adjourned at 8:52 p.m. Mark S. Meadows Mayor Tammy Weiss Assistant to the City Council 190