CITY OF EAST LANSING REGULAR COUNCIL MEETING MINUTES October 11, Moved by Councilmember Draheim, seconded by Councilmember Woods.

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1 CITY OF EAST LANSING REGULAR COUNCIL MEETING MINUTES October 11, 2016 Present: Altmann, Beier, Draheim, Meadows, Woods Absent: 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 Councilmember Draheim, seconded by Councilmember Woods. Item 2 Approval of the Minutes Moved by Altmann, seconded by Woods to approve the September 20, 2016 special meeting Moved by Draheim, seconded by Altmann to approve the September 20, 2016 discussion only meeting Moved by Altmann, seconded Draheim by to approve the September 27, 2016 regular meeting. Item 3 Written Communication Document of written communication received by Council as of today s date is available to the public on Granicus system on City website Item 4 Communications from Audience Jeffrey Hank, 349 Division, commended city for effort related to marijuana ordinance, said community is ready for it and supports the ordinance 243

2 Item 5 Communication from Mayor and Council Members Councilmember Altmann: Said the Planning Commission will be looking at plans for the corner of Grand River and Abbot and invited public participation. Also said on Thursday, the Financial Health Team (FHT) will be discussing city services, cuts versus revenue increase(s) and invited public participation. Councilmember Draheim: No report Councilmember Woods: Said the 19 th annual East Lansing Film Festival would be taking place on November 3-10, would feature 78 films of all kinds, and would take place at Studio C at Wells Hall. Said there would also be a surprise show at the Hannah Community Center on November 9. Mayor Pro Tem Beier: No Report Mayor Meadows: Said on October 18 th at the Hannah Community Center, there will be a School Board Candidate forum sponsored by the Glencairn Neighborhood Association and strongly encouraged the public to participate. Item 6 Item 7 Item 8 City Manager s Report George Lahanas, City Manager, requested a closed session for the purpose of discussing privileged attorney/client communication. No report City Attorney s Report Consent Agenda 1. Approval of a resolution to accept the transfer of the property at 1025 Snyder, East Lansing, from Ingham County 2. Approval of an entertainment license for the Tin Can East Lansing, LLC at 313 East Grand River Avenue, restricted to allow only the activities as submitted on their application dated June 8, Approval of a street closure for M.A.C. Avenue between Elizabeth Street and Burcham Drive from 3:30 p.m. to 8:30 p.m. on Thursday, October 27, 2016, for the Michigan State University s Greek Life Safe Halloween event 4. Set a public hearing for October 25, 2016 for 631 Lexington for the owner to show cause why the order of the hearing officer should not be enforced 244

3 5. Approval and authorization of the execution of Change Order No. 6 for the Construction of the WRRF Tertiary Filter, UV Disinfection and Effluent Discharge Project to Grand River Construction in the amount of $24, Set a public hearing for November 9, 2016 Ordinance 1379; an application from Hagan Realty to rezone the properties at 136, 138, and 152 Durand Street, and 1020 Short Street from R-2, Medium Density Single-Family Residential to RM-32, City Center Multiple- Family Residential 7. Set a public hearing for November 9, 2016 Ordinance 1384; an ordinance to amend Section of Chapter 50 - Zoning - of the Code of the City of East Lansing to establish special use standards for multiple family dwellings in a portion of the Downtown Development Authority District 8. Set a public hearing for November 9, 2016 Ordinance 1385; an ordinance to amend the Code of the City of East Lansing by adding new sections, which new sections shall be designated as Sections , , , and of Division I - Generally - of Article V - Multiple Family Residential Uses - of Chapter 50 - Zoning - of the Code of the City of East Lansing to require universal design features in multiplefamily housing 9. Approval of Amended City Purchasing Policy 10. Approval of FY2017 Budget Amendment to the General and Other Various Funds in the Combined Amount of $7,825, Approval of the following appointments: Colin O Neil to the University Student Commission representing the Intercooperative Council for a full term expiring April 30, 2017 Kelly Arndt to the Tri-County Office on Aging Consortium Board Mary Schulz to the Financial Health Team from Michigan State University Jessica Flores to the Historic District Commission for a partial term expiring December 31, 2017 CITY OF EAST LANSING EAST LANSING CITY COUNCIL RESOLUTION RESOLUTION TO ACCEPT 1025 SNYDER WHEREAS, as a result of the failure of the property owner to pay the property taxes due and owing for the property commonly known as 1025 Snyder and legally described as Lot 285 Strathmore No. 3, City of East Lansing, Ingham County, Michigan, bearing parcel #

4 (the Property), the property was subject to forfeiture, foreclosure and sale pursuant to the provisions of the General Property Tax Act (the Act), being Act 206 of 1893 as amended; and WHEREAS, pursuant to the provisions of the Act, if the property subject to forfeiture, foreclosure and sale does not sell at the auction sales authorized by the Act, the property is to be transferred from the foreclosing governmental unit (the County Treasurer) to the City unless the City objects to the transfer of the property; and WHEREAS, the Property was properly forfeited and foreclosed upon in accordance with the provisions of the Act by the foreclosing governmental unit and failed to sell at the either of the two auction sales held by the foreclosing governmental unit; and WHEREAS, the Property, having not been purchased at the auction, will be transferred to the City unless the City objects to receiving the property; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of East Lansing accepts the Property, commonly known as 1025 Snyder, as legally described herein. Moved by Altmann, seconded by Woods to approve the consent agenda minus Item 9. Item 9 Public Hearing 1. Consideration of Ordinance No. 1393; 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 to amend the provisions with respect to the use and possession of marijuana Resource: Tom Yeadon Public Hearing: No comments Meadows said the University Student Commission (USC) voted earlier in the evening to recommend approval of the ordinance. Draheim expressed concern about risks, cost of potential litigation because the proposed ordinance conflicts with state statute, setting up residents for unanticipated legal consequences, stress for law enforcement due to conflict between ordinance and statute. Said she supports the Charter Amendment and the will of the people. Yeadon briefed Council on possible legal challenges and legal defense strategies and said a declaratory judgement to nullify the ordinance could occur. Yeadon said a civil infraction could only be issued for a violation of local ordinance, and that ELPD almost exclusively cites in accordance with City Code. 246

5 Moved by Meadows, seconded by Beier to approve Ordinance No. 1393; 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 to amend the provisions with respect to the use and possession of marijuana Discussion: Beier noted that we have Home Rule in Michigan and passage of this ordinance will communicate this well. Said that the City would need to educate residents about the ordinance through the newsletter and contact with Michigan State University. Altmann said there are recent examples of change initiated at the local level promoting change such as marriage equality. Said he understands the conflict between local ordinance and state statute but we currently hold residents responsible for knowing the law and this is no different. Moved by Meadows, seconded by Beier to approve Ordinance No. 1393; 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 to amend the provisions with respect to the use and possession of marijuana Moved by Altmann, seconded by Beier to alter subparagraph C-2 from 90 days to 45 days. YEAS: Altmann, Beier, Draheim, Woods NAYS: Meadows Moved by Altmann, seconded by Beier to alter the new B-2 from 45 to 30 days. YEAS: Altmann, Beier, Draheim, Woods NAYS: Meadows Main motion is to approve Ordinance 1393 as amended. YEAS: Altmann, Beier, Meadows, Woods NAYS: Draheim Item 12 Business Agenda 247

6 1. Consideration of Amended City Purchasing Policy Moved by Draheim, seconded by Altmann to defer consideration of the Amended City Purchasing Policy to the meeting of December 6, 2016 and to refer the Policy to the Commission on the Environment to allow for feedback on green purchasing. 2. Consideration of a resolution authorizing Installment Finance Purchasing for computerized parking equipment up to $1.7 Million Resource: Mary Haskell Tim Dempsey Staff briefed council and answered questions regarding authorizing resolution, Act 99, bidding to financial institutions, signing documents, increased cost estimate for repairs to garage on MAC, lease conditions, potential economic impact of delaying purchase, timeliness, equipment failures and displacement of current employees. Moved by Draheim, seconded by Woods to postpone consideration of a resolution authorizing Installment Finance Purchasing for computerized parking equipment up to $1.7 Million until after such time as the Financial Health Team and the City s downtown park requirement committee has had time to make recommendations. Draheim amended and then withdrew the motion to exclude Lot 1. YEAS: Draheim NAYS: Altmann, Beier, Meadows, Woods MOTION FAILED Moved by Altmann, seconded by Beier to approve a resolution authorizing Installment Finance Purchasing for computerized parking equipment up to $1.7 Million. YEAS: Altmann, Beier, Meadows, Woods NAYS: Draheim 3. Consideration of a contract with Harvey Electronics for acquisition and installation of a SKIDATA Parking Access Revenue Control System for the downtown gated parking facilities in the amount of $1,558,603 and authorize the City Manager to sign 248

7 Moved by Altmann, seconded by Beier to approve a resolution authorizing Installment Finance Purchasing for computerized parking equipment up to $1.7 Million. YEAS: Altmann, Beier, Meadows, Woods NAYS: Draheim 4. Consideration of a resolution authorizing the issuance and sale of General Obligation Limited Tax Bonds in an amount up to $6.0 Million for the MAC Avenue Parking Garage and issuance of refunding bonds to produce net present value savings Moved by Beier, seconded by Altmann to approve a resolution authorizing the issuance and sale of General Obligation Limited Tax Bonds in an amount up to $6.0 Million for the MAC Avenue Parking Garage and issuance of refunding bonds to produce net present value savings. Moved by Draheim to postpone Consideration of a resolution authorizing the issuance and sale of General Obligation Limited Tax Bonds in an amount up to $6.0 Million for the MAC Avenue Parking Garage and issuance of refunding bonds to produce net present value savings until such time as council receives recommendations from the City s Financial Health Team, in or about December MOTION FAILED FOR LACK OF A SECOND Main Motion: YEAS: Altmann, Beier, Meadows, Woods NAYS: Draheim Item 13 Adjournment By roll call vote, the meeting was adjourned to closed session at 8:22 p.m. to discuss privileged attorney/client communication. Moved by Draheim, seconded by Woods to adjourn the closed session at 8:30 p.m. Moved by Draheim, seconded by Woods to adjourn the regular session at 8:34 p.m. 249

8 Mark S. Meadows Mayor Marie Wicks City Clerk 250