CITY OF EAST LANSING REGULAR COUNCIL MEETING MINUTES December 19, 2017 Present: Altmann, Draheim, Meadows, Stephens Absent: Beier 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 Draheim, seconded by Stephens to approve the agenda. Item 2 Approval of the Minutes Moved by Stephens, seconded by Altmann to approve the December 12, 2017 special meeting minutes. Moved by Altmann, seconded by Stephens to approve the discussion only meeting minutes. Item 3 Special Presentations Held the Fiscal Year 2017 Audit Presentation Resource(s): Jill Feldpausch Doug Bohrer, Dan Block, and Joe Heffernan, Plante Moran Feldpausch introduced the external auditors and stated the Fiscal Year 2017 Audit Presentation would consist of: an overview of the audit report, the management report from the auditors to the City Council, and a brief graphic slideshow presentation examining the overview of the funds. Block and Heffernan presented to Council the Fiscal Year 2017 Audit Presentation. Bohrer gave an overview of the three independent auditor s reports. The auditors fielded questions from Council. 282
Comprehensive Plan Overview Resource: Tim Dempsey, Director of Planning, Building & Development Dempsey gave a brief presentation of the Comprehensive Plan and answered questions from Council. Item 4 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 www.cityofeastlansing.com. Meadows reported communications from Mark Epolito and Nick Parisian regarding Ordinance No. 1416. Item 5 Communication from Audience Item 6 Chuck Overbey, 433 Butterfield Drive, spoke in support of the Hannah Pool heater. Jim Anderson, 968 Roxburgh, spoke in support of downtown vitality and in opposition of silo walls. Communication from Mayor and Council Members Councilmember Beier: Not present. Councilmember Draheim: Gave an update on East Lansing s Commission on the Environment s collaboration with the Resilience Dialogues and stated Council should expect a presentation on their findings and recommendations sometime in the near future. Councilmember Stephens: No report. Mayor Pro Tem Beier: No report. Mayor Meadows: No report. Item 7 City Manager George Lahanas: Commented on legacy costs and pension plans. Updated Council on facilitated citizen engagement meetings. Updated Council on PA 345. City Manager s Report 283
Item 8 City Attorney Tom Yeadon: Not present. Item 9 City Attorney s Report Consent Agenda 1. Authorize the City Manager to issue a purchase order to Gunthorpe Mechanical, Inc. of East Lansing, Michigan in the amount of $44,700 for the replacement of the Heat Exchanger for the East Lansing Hannah Community Center Swim Pool. Furthermore, approve a contingency not to exceed $4,470. In addition, approve a FY2018 budget amendment of $49,170 to the General Fund and the Parks and Recreation Fund. 2. Approve and authorize the City Manager to sign amendments to five (5) funding agreements between the City of East Lansing and Ingham County for funds from the Ingham County Parks and Trails Millage. The funds are to conduct repairs and maintenance to the 3.47 miles of the Northern Tier Trail that are in Ingham County and repair or replace four (4) pedestrian bridges along the East Lansing trails and pathways system. The result of said amendments is to accept an additional $437,589 of Ingham County Trails and Parks Millage funds for the project construction. 3. Authorize the City Manager to sign a Contract and Purchase Order with Mannik & Smith Group Inc., in the amount of $106,938 for construction engineering and inspection services associated with the Pedestrian Bridges and Trails Project. Furthermore, approve a FY2018 budget amendment of $106,938 in the General Fund and Parks Capital Improvement Fund 4. Authorize the City Manager to sign a one (1) year renewal agreement with Hundred Acre Woods, Inc. of Williamston, Michigan and award a purchase order in the amount of $84,360 for a Grounds Maintenance Contract at the East Lansing Soccer Complex and Hannah Community Center Soccer Field. 5. Approval of a resolution authorizing employee Daniel Brown to purchase one year of service credit from Municipal Employees Retirement System (MERS). 6. Approval of a resolution authorizing employee Chad Pride to purchase two years of service credit from Municipal Employees Retirement System (MERS). 7. Approval of a resolution authorizing employee Jeffrey Thomas to purchase two years of service credit from Municipal Employees Retirement System (MERS). 8. Approval of the amendments for the FY2018 budgets, as identified in the attached schedules, in the combined amount of $9,948,047. 9. Approval of a resolution authorizing the City Manager to execute a waiver of interest on the two special assessment installments contingent upon closing on sale of property, located at the southwest corner of West Road and Coleman Road adjacent to US-127, and payment of all 284
accrued delinquent property taxes plus payment of the principal in full on special assessment installments 1 and 2 on the property. 10. Authorize the City Manager to sign the Memorandum of Understanding with Michigan State University which defines the responsibilities associated with facilitating the MDOT grant money for the Wilson Road Extension Project. 11. Approval of the MDOT contract and attached resolution authorizing the City Manager to execute the agreement for the Wilson Road Extension Project. 12. Introduce and refer to the Planning Commission Ordinance No. 1419, an ordinance to amend Section 50-612 of Division 5 Restricted Office Business District, B-4 of Article VI Business, Office and Industrial Districts of Chapter 50 Zoning of the Code of the City of East Lansing to allow for hotels and motels. 13. Approval of a request from Tetra Tech Inc. for Change Authorization (RCA) No. 1 for the WRRF Headworks Project in the amount of $49,300 and authorize the City Manager to execute said RCA No. 1. 14. Approval of a resolution to approve outside counsel for opioid litigation. 15. Set a public hearing for January 23, 2018 for an application from Western Golf Association/Evans Scholarship Foundation for Site Plan and Special Use Permit approval for the property at 831 East Grand River Avenue for a 368 square foot building addition, parking lot reconfiguration, and associated site work. The property is zoned RM-32, City Center Multiple Family Residential. 16. Set a public hearing for January 23, 2018 for Ordinance No. 1418, an ordinance to amend the Zoning Use District Map to rezone the Hawthorn Neighborhood into the R-O-1 Residential Rental Restriction Overlay District. The proposed District the boundary of the platted Hawthorn Subdivision as recorded with the Ingham County Register of Deeds on December 14, 1976 in Liber 34 and pages 2, 3, 4, and 5. 17. Approval of the following appointments: 1. Daniel Baum to the Human Relations Commission for a full term expiring December 31, 2020 2. Liz Miller to the Human Relations Commission for a partial term expiring December 31, 2019 3. Kylan Memminger to the University Student Commission representing the Panhellenic Council for a partial term expiring September 30, 2018 4. Jack Brinkley, to the University Student Commission representing the InterFraternity Council for a partial term expiring September 30, 2018 18. Approval of the following re-appointment of board and commission members for a full term: 285
Beginning January 1, 2018 and ending on December 31, 2020 (*extended appointment): Arts Commission: Matt Borghi-Weil, Meegan Holland Board of Review: Scott Schrager Building Board of Appeals: *Larry Cross, *Tim Mrozowski Commission on the Environment: Kayla Turner, Elisia Marchman Historic District Commission: Diane Wing, Jessica Flores Housing Commission: Jim Secor, Davia Cox Downey, Carrie Ihrig Freeman Human Relations Commission: La Tricia Perry Parks and Recreation Advisory Commission: Merle Heidemann, Ella Buss Planning Commission: Andrew Quinn, Daniel Bollman, Leo Sell Seniors Commission: Maria Zdybel-Chisholm, Cindy Whiddon Transportation Commission: Thomas Baumann, Erich Ditschman Zoning Board of Appeals: Andrea Ditschman, John Robison Tri-County Office on Aging: Felix Fliss Beginning January 1, 2018 and ending on December 31, 2021: Downtown Management Board: James Croom, Luke Hackney, and Ray Walsh Moved by Draheim, seconded by Altmann to approve the consent agenda, as amended, minus items 16, 17, and 18. Items 16, 17 and 18 shall be moved to the business agenda. Moved by Meadows, seconded by Altmann to amend the verbiage of item 20 to add the phrase Provided sale of the property is completed by December 31, 2017 to the end of the item. Moved by Meadows, seconded by Stephens to amend item 25 to add the phrase Provided that the City receives an appropriate retainer agreement, which provides that representation will be at no cost to the City. CONSENT AGENDA, AS AMENDED, AS AMENDED CITY OF EAST LANSING EAST LANSING CITY COUNCIL 286
A RESOLUTION TO APPROVE OUTSIDE COUNSEL FOR OPIOID LITIGATION WHEREAS the City Council of the City of East Lansing ( the Council ) desires legal representation in national litigation that is being waged against manufacturers and distributors of opioids and other culpable parties; and WHEREAS the participation in such national litigation requires specialized expertise; and WHEREAS the Council has reviewed the qualifications of Weitz & Luxenberg PC, the Sam Bernstein Law Firm PLLC and Church Wyble, PC, and believes that those firms collectively possess outstanding experience and qualifications to represent the City s interests as it relates to the opioid epidemic. THEREFORE BE IT RESOLVED that the Council approves the firms of Weitz & Luxenberg PC, the Sam Bernstein Law Firm PLLC, and Church Wyble P.C., a division of Grewal Law PLLC, as special counsel to represent the interests of the City of East Lansing in litigation concerning the opioid epidemic. Item 10 Business Agenda 1. Approval of a resolution authorizing employee Daniel Brown to purchase one year of service credit from Municipal Employees Retirement System (MERS) 2. Approval of a resolution authorizing employee Chad Pride to purchase two years of service credit from Municipal Employees Retirement System (MERS) 3. Approval of a resolution authorizing employee Jeffrey Thomas to purchase two years of service credit from Municipal Employees Retirement System (MERS) Resource: George Lahanas, City Manager Lahanas answered Council s questions regarding the impact on the budget. Moved by Draheim, seconded by Stephens to approve a resolution authorizing employee Daniel Brown to purchase one year of service credit from Municipal Employees Retirement System (MERS), to approve of a resolution authorizing employee Chad Pride to purchase two years of service credit from Municipal Employees Retirement System (MERS), and to approve of a resolution authorizing employee Jeffrey Thomas to purchase two years of service credit from Municipal Employees Retirement System (MERS). Item 11 Public Hearing Ordinance No. 1394 287
Consideration of Ordinance No. 1416, an ordinance to amend Section 50-7 of Article I In General Section 50-222 of Division 2 Residential, Agricultural District, RA of Article IV Single- Family and Two-Family Residential Districts Section 50-612 of Division 5 Restricted Office Business District, B-4 and Section 50-632 of Division 6 Community Retail Sales Business District, B-5 of Article VI Business, Office and Industrial Districts of Chapter 50 Zoning of the Code of the City of East Lansing and to add Section 50-94a to Division 3 Special Use Permit to Article II Administration and Enforcement to Chapter 50 Zoning of the Code of the City of East Lansing to define, allow for, and regulate medical marihuana facilities (providing for Provisioning Centers only) Resource: David Haywood, Planning and Zoning Administrator Meadows opened the item for public comment. Travis Wilson, 2180 Cider Mill Dr, spoke in support of Ordinance No. 1416. Stephen Monti, 1712 Stanley Ct., spoke in support of Ordinance No. 1416. Emily Walkowski, 301 S. Clemens, spoke in support of Ordinance No. 1416. Sarah Galey, 1562 Greencrest Ave, spoke in support of Ordinance No. 1416. Jerren Osmar, 323 W. Madison, spoke in support of Ordinance No. 1416. Hearing no further comment, Meadows closed the public comment period. Haywood briefed Council on Ordinance No. 1416 and answered questions. Moved by Meadows, seconded by Draheim to defer action on Ordinance No. 1416 until January 9, 2017. Item 12 Show Cause Hearing 1980 Wembley Way, East Lansing, Michigan for the opportunity of the owner, Rushmore Loan Services and Safeguard Properties, to show cause why the order of the hearing officer should not be enforced Resource: Tom Hitch, Attorney Meadows opened the show cause hearing. Hitch briefed Council on the process the process taken to define 1980 Wembley Way as a dangerous building. He explained the owner had been cited and informed of the actions required to be compliant with the order. The owner failed to comply. Adriane Lau, RE/Max Real Estate Professionals E.L., took the podium and stated the case of the soon to be owner. Meadows closed the show cause hearing. 288
Moved by Meadows, seconded by Draheim to approve the findings that 1980 Wembley Way is a dangerous building, the building has violated our City Code of Ordinances, and that the soon to be owner has 60 days of which to comply with the order of the hearing officer. Item 13 Adjournment Without objection, the meeting was adjourned at 10:26 P.M. Mark S. Meadows Mayor Jodie Seaver Administrative Assistant 289