OFFICIAL PROCEEDINGS OF

THE CITY COUNCIL

CITY OF LANSING

PROCEEDINGS OF SEPTEMBER 15, 2003



City Council Chambers

Lansing, Michigan



The City Council of the City of Lansing met in regular session and was called to order at 7:00 P.M. by President Wood.



PRESENT: Councilmembers Allen, Bauer, Jeffries, Leeman, Meyer, Smith, Williams, Wood



ABSENT: None



Councilmember Meyer requested a moment of silence for Bishop Povish, Frederick Bunday and Nolen Owen who all passed away this week.



The Invocation and Pledge of Allegiance were led by President Wood



Councilmember Bauer thanked everyone for the cards, flowers and phone calls that she received while she was off do to surgery



CONSIDERATION OF LATE ITEMS

By Vice President Bauer



To accept the following under suspension of the rules:



1. From Councilmember Jeffries; a Petition from the Moores River Dr. Neighborhood requesting tree trimming in their neighborhood



Carried unanimously



SPECIAL CEREMONIES &

ANNOUNCEMENT OF CITY EVENTS



1. Proclamation; National Hispanic Month



Mayor Benavides expressed his great pleasure at presenting the Mariachi Band from Everett High School. Hispanic Heritage Month begins today and runs until the 15th of October. The whole purpose of this is to bring about the awareness of the many contributions that Hispanics have made to this Country. He said this Mariachi Band performed as the opening act last night in Chicago for the world renowned Mariachi Band, Mariachi Vatagas. He presented a proclamation to Alfanso Salas, a teacher at Everett, proclaiming September 15 through October 15, 2003, as Hispanic Heritage Month



Alfanso Salas thanked Ms. Langford, the Orchestra Director who could not be here tonight. He thanked Mr. Glenn for following the vision that they had as well as the parents.



Mr. Glenn said that Mr. Salas is a special high energy person who can deliver a product. He said the Lansing School District celebrates the heritage of all nationalities. This is one of the strengths that the school district brings to the table.



The Mariachi performed two songs and after the performance the band introduced themselves.



2. Tribute; National Adult Service Week



Councilmember Bauer said it was her pleasure to offer this resolution in honor of Adult Day Service Week and to honor the Active Living for Adults Program. She said the stress of caring for frail and elderly people who are in their homes is a stressful responsibility. She said 20 years ago we were fortunate enough in our community to have a group of people in E. Lansing who got together a program that would provide respite service for in home care givers. This group is called Active Living for Adults, although it is in E. Lansing a high percentage of the people who take advantage of the services live in Lansing. She said that she is very proud to present this resolution on behalf of the Lansing City Council recognizing September 21-27, 2003 as National Adult Day Services Week and also to congratulate the Active Living for Adults Programs for twenty years of service.



Margaret Houserman said Active Living for Adults was set up so that it would be a response support for families and friends who are trying to care for families members and keep them in the community as long as possible. This is part of the continuum of care in helping families care for loved ones. We are surviving two different populations those who are frail and those who are caring for them. She said they are very appreciative that the City of Lansing has seen fit to give them monetary support. For more information call 337-4611. She introduced other members of ALPHA; Gary Andrews, Howard Jones, Margaret Strackin and Robynn Thompson



Gary Andrews said that people do not realize that they need a service such as this until they reach a crisis. As a member of the Advisory Board, he said he would like to thank everyone at the City of Lansing who has supported their program and also thank the City of Lansing for the acknowledge of Adult Days Services Week.



Tribute; Colonial Village Shopping Center 50th Anniversary



Councilmember Williams said that the Colonial Village Neighborhood Shopping Center is the oldest neighborhood shopping center in the City of Lansing. This marks its 50th Anniversary. He introduced Mike Young and Glen Arnold from L&L Food Center.



Mike Young thanked City Council and Mayor Benavides for this tribute on behalf of L&L Food Centers. He said that it is truly a privilege to be a part of Lansing's oldest neighborhood shopping center and the Colonial Village neighborhood.



Glen Arnold said, on behalf of the L&L Food Center and the Levendowski family, he would like to thank the City Council and the Mayor for this privilege and all of the years of support in Colonial Village.



Councilmember Meyer said hello to Lisa Rodriguez who is a faithful watcher.



Councilmember Bauer congratulated the Colonial Village Shopping Center and L&L Food Center and said that Lansing is fortunate to have them.



Councilmember Jeffries congratulated L&L Food Center as well as Rite Aid where he shops. He said this shopping center has brought a great deal of stability to the Colonial Village Neighborhood and he hopes everyone will join in the celebration this weekend. He congratulated the Greater Lansing Housing Coalition for their home tour this past weekend. It was very well attended. He thanked all of the volunteers and all of those who displayed their homes.



Councilmember Allen announced that the Forrest View Neighborhood Associations will meet tomorrow, September 16, 2003, at 6:30 P.M. at the University Club



Councilmember Leeman announced that the Blues Fest is this weekend the 19th and 20th of September at Old Town at Turner and Grand River. He said the Flying aces will participate in the 100 Years of Flight Event at the MSU Museum on Saturday September 20, 2003 from 1-4:00 P.M.



Councilmember Williams announced that on Tuesday September 16, 2003, the Churchill Downs Neighborhood Association will have its monthly meeting at Wexford Elementary staring at 6:30 P.M. Wednesday morning the Windemere Association will have their regular meeting at 10:00 A.M. and Wednesday evening the Colonial Village Neighborhood Association will have its monthly meeting at 7:00 P.M. at Grace United Methodist Church.



President Wood announced that the Bassett Park Neighborhood is having their meeting at Willow Elementary on September 17, 2003 at 6:00 P.M. The Cherry Hill Neighborhood Association is meeting at 5:30 on Wednesday the 17th at The Michigan Retailers located at 603 S. Washington, and also on Thursday the new Lewton Rich Neighborhood is having their meeting at Dwight Rich Middle School at 7:00 P.M.



Mayor Benavides said that Bishop Povish was the Catholic Bishop for the Diocese of Lansing whom he worked for twenty years. He was a great leader in this community. He announced that Tuesday, September 16, 2003 there will be a ribbon cutting for the West Side Park at 11:00 A.M. and another ribbon cutting at 5:30 P.M. for Kircher Park. Thursday September 18, 2003, is the Annual Steak & Burger Event for the Boys & Girls. He said anyone who wished to help out at the "Day of Caring" for the United Way should just show up at the Baker and Donora area starting around 8:30 A.M.



PUBLIC'S AND MAYOR'S COMMENT

ON LEGISLATIVE MATTERS



1. In consideration of an Ordinance to Amend Chapter 630 of the Code of Ordinances by Adding Sections 630.15 and 630.16 for the purpose of Establishing that a public place used for lewdness, prostitution and solicitation for prostitution is a Public Nuisance, and to provide according to the method established by the Statute, for the Seizure and Abatement of any vehicle used in the furtherance of said Public Nuisance



John Pollard of 1718 Blair said sometimes when trying to catch a crook we throw out a net and catch innocent people and turn them into victims. He said some people who pick up prostitutes are married and if they get caught the car is taken and then the spouse and children are being punished because they only have one car.



Christine Timmon said that she supports this Ordinance and pictures should be put on Channel 12.



Melissa Sue Robinson, no address given, said that Mayor Benavides has once again proven himself to be a man of the people by signing the Executive Living Wage Order. She spoke about an article in the Lansing State Journal regarding the Executive Order.



Chris Gallo of 241 E. Saginaw St. spoke on behalf of First National Development Company & MPROVe Group regarding 413 W. Barnes Ave. He said they plan to renovate this house and sell it to a owner occupant. He said that he was here to answer any question regarding this property.



Shirley Murray 1710 Bradley said that she was with MPROVe and spoke in support of the memorandum of understanding regarding 413 Barnes and encouraged the City Council to approve the resolution regarding this matter.



Howard Jones of 426 W. Barnes urged the City Council to approve the memorandum of understanding. He spoke about the Mariachi Band, saying their performance was tremendous and put the meeting in a positive mode.



William Hubbell of 3916 Wedgewood Dr. spoke about the resolution regarding the Transportation Equity Act for the 21st Century and questioned the timing of it. He said it should have been done earlier and the City Council has a hard time meeting their deadlines.



Russell Terry of 121 E. Mt. Hope congratulated Mayor Benavides on signing the Executive Order for the Living Wage.



Kerry Blackie of 719 Merrill St. spoke about the resolution on the agenda regarding the Merrill St. Postal Substation and the traffic problems. He thanked the City Council and urged them to support this resolution.



Mary Ann Prince of 2116 Ferrol St. spoke about the Mariachi Band that performed tonight and said that she enjoyed it. She said it is important to have respite and caregiver services. She said that she appreciates Mayor Benavides signing the Living Wage Order.



Loren Glascock of 515 Everett Dr. spoke about what the word debate meant and encouraged a debate between the Mayoral candidates.



John Pollard of 1718 Blair spoke about Foster Park and about re-paving the streets in his neighborhood. He questioned the weeds in the City. He spoke about the School Bond Proposal Language and questioned what the extra $4.2 million is going to be used for.



Charlene Decker of 2711 Pleasant Grove spoke about out of town supporters of a Mayoral candidate who showed up at her house. She said that she did not appreciate the fact that they tried to change her mind.



Ed Simmer of 4243 W. Jolly Rd. spoke about Wentworth Park and said the ceremony was very emotional, but there should have been a bugle playing Taps and he would like to see a big flag put there. He said the students who were here tonight performing Mariachi were world class. He congratulated the Lansing Lugnugts for winning the Mid-West Championship.



Viol Trice of 3514 Aragon thanked the business' for the Back Pack give away and Councilmember Smith for her help and for coming to the schools.



Christine Timmon of 339 E. St. Joe spoke about the Mayoral campaign.



Helen Keeny of 5931 Joshua spoke of her disappointment with the lack of Mayoral debates.



Frank S. Curtis X , no address given spoke about a situation involving the Lansing Police Department.



LEGISLATIVE MATTERS

RESOLUTIONS



RESOLUTION #0425

BY COUNCILMEMBER JOAN BAUER

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, in the tri-county area numerous families provide in-home care for their frail and elderly members; and



WHEREAS, the daily tasks of in-home caregiving help to maintain frail and elderly individuals in the known and comfortable surroundings of their home, outside of the system of long-term care facilities; and



WHEREAS, the ongoing daily tasks of in-home caregiving extract a toll of stress and emotional strain on the dedicated family members, creating a need for respite; and



WHEREAS, residents of East Lansing, realizing the need to provide respite services for in-home caregivers, formed Active Living for Adults in 1983 to provide critical medical and social care for the frail and elderly in a community-based service; and



WHEREAS, the Active Living for Adults program continues to meet these needs with engaging day-time service programming for the frail and elderly in a safe environment, with capable trained professional staff who are assisted by caring community volunteers; and



WHEREAS, the Active Living for Adults program celebrates its 20 year anniversary in October, 2003, and continues to provide services for those in need throughout the tri-county area and in particularly the residents of the City of Lansing; and



WHEREAS, the significant contribution of Adult Day Service providers and the programs offered are nationally recognized and acknowledge each year during Adult Day Services Week;



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, recognizes September 21-27, 2003, as National Adult Day Services Week.



BE IT FURTHER RESOLVED that the Lansing City Council congratulates the Active Living for Adults program on its 20 years of quality service to in-home county area.



By Councilmember Bauer



Carried Unanimously



RESOLUTION #0426

BY COUNCILMEMBER HAROLD LEEMAN

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the U.S. Postal Service established a postal substation on Merrill Street in Lansing when the U.S.P.S. was required to move out of its location in Frandor; and



WHEREAS, the residents and the Lansing City Council raised concerns that Merrill Street site and the proposed design would be inappropriate since it would be subject to traffic problems at peak times especially for the ingress and egress of traffic wanting to turn left onto Saginaw; and



WHEREAS, at the time the U.S. Postal Service and its landlord maintained that it would do everything it could to accommodate the concerns of the residents on Merrill Street and Lansing City Council, including establishing sufficient driveways to accommodate the expected traffic, and building berms and planting bushes and taller vegetation to prevent the headlights of the drive through traffic from glaring into the homes, and



WHEREAS, while the City of Lansing has jurisdiction for curb cuts on Merrill Street, had the City of Lansing Traffic Engineer been given the opportunity to review the site plan before construction had been finished, the Traffic Engineer would at a minimum have insisted on changing the egress and ingress to have two full lanes at the entrance to help alleviate the projected traffic congestion from customers who would drop off mail or to purchase stamps; and



WHEREAS, since the U.S. Postal Service substation opened, vehicle traffic on Merrill Street has dramatically increased, and, as expected, often causes gridlock at the peak usage times when traffic backs up to turn left onto Saginaw Street blocking the entrances and exits to the substation; and



WHEREAS, the U.S. Postal Service and its landlord have failed to take proactive steps to resolve the gridlock or to maintain the berms and bushes to prevent the headlights of the drive through traffic from glaring into the homes;



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, calls upon Congressman Mike Rogers, Senator Carl Levin and Senator Debbie Stabenow to convince the U.S. Postal Service:



By Councilmember Leeman



Carried Unanimously



RESOLUTION #0427

BY COUNCILMEMBER RANDY WILLIAMS

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, in 1953 the Colonial Village Shopping Center was opened as the first neighborhood shopping center in the Lansing;



WHEREAS, the Colonial Village Shopping Center encompassed 19,000 square feet and included Loomis Realty, National Food Store, Muir Drugs, DC Department Store, Kwast Bakery, Colonial Village Barbershop, and Cartwright Shoes; and



WHEREAS, the concept for Colonial Village was conceived in 1946, the land annexed into the City of Lansing, and then the subdivisions and the Shopping Center were created; and



WHEREAS, the success of the shopping center and the housing development brought about the 24,000 square foot expansion of the Colonial Village Shopping Center in 1959 to include Schmidt's, Trumble Cleaners, Montgomery Ward, Silver Lead Paint Store, and Gordon's Apparel; and



WHEREAS, the Colonial Village Shopping Center continues to provide the residents in the area a friendly, easily accessible, neighborhood grocery, bank, prescription drugs, and restaurants;



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, congratulates the Colonial Village Shopping Center on its 50th Anniversary and encourages everyone in the area to attend the rededication birthday celebration on Friday, September 19, 2003, at 3:30 p.m.



By Councilmember Williams



Carried Unanimously



RESOLUTION #0428

BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



SLU-02-03

4.3 Acre site, west of C&O, Penn-Central RR



WHEREAS, Gillespie Development, LLC,2501 Coolidge Road, East Lansing, MI 48823 and Summit Street Development, LLC, P.O. Box 12147, Lansing, MI 48901 has requested a Special Land Use permit to construct 120 apartment units to be comprised of 42, 1-bedroom units and 78, 2-bedroom units at an approximate density of 28 units per acre on a 4.3 acre site zoned "I" Heavy Industrial, located within the 600 block of Sheridan Street, west of the C&O Penn-Central RR, between Saginaw and Oakland Avenue; and



WHEREAS, as part of the development proposal, the applicant has requested that Sheridan Street be closed under an Act 285 Review (ACT-08-03) in order to provide additional parking for the project; and



WHEREAS, another section of Sheridan Street was also reconsidered by the Board for conveyance, east of the RR tracks (Act-29-98), which would provide the opportunity to eliminate the Sheridan Street/C&O Penn-Central RR crossing; and



WHEREAS, the Planning Board held a public hearing for the Special Land Use permit on Tuesday, May 6, 2003, at which time the applicant, Pat Gillespie (Gillespie Development, LLC) and Harry Hepler (Summit Development, LLC) spoke in favor of the proposal, two people spoke in support of the request and three people expressed concerns regarding the proposal; and

WHEREAS, the Planning Board reviewed the petition and on May 20, 2003, unanimously (4-0) recommended approval of SLU-2-03 subject to conditions and found, based on testimony, evidence, and the staff report that the proposed redevelopment for residential purposes will be consistent with, and will positively complement, previously approved projects in the vicinity, and that the Special Land Use meets the criteria set forth in 1248.04(o) and 1282.03(f)(1)-(9) of the Zoning Code; and



WHEREAS, the City Council held a public hearing for the Special Land Use permit on Monday, July 14, 2003; and



WHEREAS, the Development and Planning Committee of City Council has reviewed the report of the Planning Board and concurs therewith;



NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Special Land Use request (SLU-2-03), to use the property west of the C&O Penn-Central RR tracks between Saginaw and Oakland Avenue for 120 residential dwelling units with the conditions that:



BE IT FINALLY RESOLVED that in granting this request, the City Council determines the following:



BE IT FINALLY RESOLVED, the City Clerk, within 30 days hereafter, shall forward certified copies of this resolution to the Ingham County Register of Deeds for recording, and upon return, transmit a copy of the recorded resolution to the Michigan Department of Consumers and Industry Services, Subdivision Control Unit, and to the Planning and Assessor's Offices.



By Councilmember Allen



Carried Unanimously



RESOLUTION #429

BY THE DEVELOPMENT AND PLANNING COMMITTEE

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

RESOLUTION APPROVING BROWNFIELD PLAN #14 -

PRUDDEN AREA REDEVELOPMENT

(E. Saginaw Street, Lansing, Michigan)

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 #14 - Prudden Area Redevelopment (the "Plan") in accordance the Act; 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 August 18, 2003, reviewed testimony and evidence regarding the Plan, and found that:



WHEREAS, the Authority Board of Directors, at its meeting of May 7, 2003, 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:



IT IS FINALLY RESOLVED that the Lansing City Council hereby approves the LBRA "Brownfield Plan #14 - Prudden Area Redevelopment".



By Councilmember Allen



Carried Unanimously

RESOLUTION #0430

BY THE COMMITTEE ON PUBLIC SAFETY

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the City incurred costs for the emergency response, abatement and clean up of a mercury spill at 413 W. Barnes; and



WHEREAS, under Section 1612 of the Lansing Code of Ordinances the City is permitted to recover all related costs for the emergency response and clean up of the property from the property owner; and



WHEREAS, Wellington Pendell, the owner of record on the day of the mercury spill, has defaulted ownership to the First National Bank of America; and



WHEREAS, the Moore's Park Residential Ownership Venture (MPROVe) and the City of Lansing would like to see 413 W. Barnes improved, brought up to code and then sold to a single family occupant; and



WHEREAS, to make the rehabilitation economically feasible, the MPROVe and a developer has requested that the City waive the lien or lien rights it has on the property related to the cost for the emergency response and clean up the property; and



WHEREAS, the City of Lansing, MPROVe and First National Development Co., LC has negotiated a Memorandum of Understanding to permit the rehabilitation of 413 W. Barnes;



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, authorizes the administration to approve the Memorandum of Understanding between the City of Lansing, MPROVe and First National Development Co., LC, to permit 413 W. Barnes to be brought up to code and then sold to a single family occupant.



By Councilmember Meyer



Carried Unanimously



RESOLUTION #0431

BY THE COMMITTEE OF THE WHOLE

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the Lansing School District has requested that two bond proposals be submitted to voters of the Lansing School district at the November General Election on November 4, 2003; and



WHEREAS, the first bond proposal would ask voters to approve the request from the Lansing School District to borrow up to $67,555,000 and issue its general obligation unlimited tax bonds for the purpose of erecting, furnishing and equipping a new middle school building to replace the Pattengill Middle School and a magnet elementary school addition and partially remodeling, refurnishing and re-equipping the Otto, Gardner and Dwight Rich Middle Schools and the Eastern, Everett and Sexton High Schools, including science labs; and developing and improving sites, playfields, athletic fields and facilities; and



WHEREAS, the estimated millage that will be levied for the proposed bonds in 2004, under current law, is 1.62 mills and the number of years the bonds may be outstanding will not exceed 19.5 years and the estimated simple average annual millage anticipated to be required to retire this bond debt is 1.77 mills; and



WHEREAS, the second bond proposal would ask voters to approve the request from the Lansing School District to borrow up to $7,420,000 and issue its general obligation unlimited tax bonds for the purpose of erecting, furnishing and equipping a community swimming pool addition to the new Pattengill Middle School together with related site improvements; and developing and improving Everett and Sexton athletic fields; and



WHEREAS, the estimated millage that will be levied for the proposed bonds in 2004, under current law, is 0.19 mills and the number of years the bonds may be outstanding will not exceed 19.5 years and the estimated simple average annual millage anticipated to be required to retire this bond debt is 0.19 mills;



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, authorizes the Lansing City Clerk to place the appropriate ballot language for the two bond proposals from the Lansing School District on the ballot at the November General Election on November 4, 2003.



BE IT FINALLY RESOLVED that the Lansing City Clerk obtain City reimbursement from the Lansing School District for the ballot preparation and inclusion of the two bond proposals, as may be permitted by law.



By Councilmember Bauer



Carried Unanimously



RESOLUTION #0432

BY THE COMMITTEE OF THE WHOLE

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the Transportation Equity Act for the for the 21st Century authorizing federal aid surface transportation programs expires September 30, 2003; and



WHEREAS, Congress has not yet enacted reauthorization legislation to continue the federal aid surface transportation program; and



WHEREAS, the authority of the Federal Highway Administration and U.S. Department of Transportation for administration of said federal highway program will also cease and these agencies will also be required to begin an orderly shut down on October 1, 2003, without legislative remedies being enacted by Congress to provide authorization for payments or further obligations for the national surface transportation programs; and



WHEREAS, prompt legislative remedies are required by Congress to assure that Lansing, Ingham County and Michigan Department of Transportation can complete their projects and federally required planning activities after September 30, 2003; and



WHEREAS, disruption of these programs, projects and planning activities will create a significant hardship on Lansing and the rest of the State of Michigan;



NOW, THEREFORE, BE IT RESOLVED that the City of Lansing, hereby, encourages the U. S. Congress to enact legislative remedies immediately to:



1. permit contract authority previously made available to be obligated for Federal-aid highways, Title 26 must be amended, or a Revenue Bill enacted, to allow expenditures from the Highway Trust Fund for liquidation of new obligations by states and by the Federal Highway Administration incurred after September 30, 2003; and



2. allow the Federal Highway Administration to continue the administration of the Federal-aid program, new amounts of sufficient contract authority or other budget authority must be provided for administrative expenses; and



3. adopt an appropriations Act or a Continuing Resolution would be required to make sufficient liquidating cash available from the Highway Trust Fund.



BE IT FURTHER RESOLVED that to assure continuation of these programs which are vital to the City of Lansing and the rest of Michigan, the City of Lansing encourages the U.S. Congress to enact each of the legislative remedies below to provide for a continuing new program authority to the US Department of Transportation and the Federal Highway Administration, including:



1. amend Title 26 or enact a stand-along Revenue Bill which provides that administrative funds for the US Department of Transportation and Federal Highway Administration is authorized to be appropriated to assure Federal-aid programs can continue to the extent that unobligated balances of contract authority are available.



2. provide additional funding to US Department of Transportation and Federal Highway Administration by enacting continuing authorizing legislation for some state period to continue some or all apportioned and allocated programs at the current level.



BE IT FURTHER RESOLVED that this resolution be provided to the offices of the Michigan Congressional delegation to encourage their prompt attention to the need for urgent action prior to October 1, 2003.



By Councilmember Bauer



Carried Unanimously



THIS ITEM WAS PULLED FROM THE AGENDA

BY THE COMMITTEE OF THE WHOLE

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the Mayor has requested the reappointment of Jason Amen Hetep, 5828 Barren Drive, to the Ethics Board for a term to expire on June 30, 2007; and



WHEREAS, the Committee of the Whole, on September 11, 2003, recommended confirmation of this reappointment;



NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council hereby confirms the Mayor's reappointment of Jason Amen Hetep, 5828 Barren Drive, to the At-Large position on the Ethics Board for a term to expire on June 30, 2007.



COMMITTEE REPORTS



INTRODUCTION OF AN ORDINANCE

AMENDING CHAPTER 293



By Councilmember Bauer



That an Ordinance to Amend the Code of Ordinances of the City of Lansing, Michigan by amending Chapter 293, Health Care Benefits for Qualified Members of Defined Contribution Money Purchase Plan in its entirety to incorporate certain changes to the eligibility and benefits contained within said chapter resulting from Collective Bargaining Agreements and personnel rules changes was introduced by Councilmember Bauer and read a first and second time by its' title and referred to the Committee of the Whole.



RESOLUTION #0433

BY COUNCILMEMBER BAUER



RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set for Monday, September 22, 2003, at the Lansing City Hall, 124 W. Michigan Ave., for the purpose of considering an Ordinance to amend the Code of Ordinances of the City of Lansing by amending Chapter 293, Benefits for Qualified Members of Defined Contribution Money Purchase Plan in its entirety to incorporate certain changes to the eligibility and benefits contained within said chapter resulting from Collective Bargaining Agreements and personnel rules changes.



All interested persons are invited to attend this public hearing.



By Councilmember Bauer



Carried Unanimously



INTRODUCTION OF AN ORDINANCE

AMEND CHAPTER 292

BY AMENDING SECTIONS

292.01, 292.14, 292.155, 292.20, 292.21,

292.311, 292.35 292.37 AND ADDITION OF SECTION 292.37C

By Councilmember Bauer



That an Ordinance to Amend the Code of Ordinances of the City of Lansing, Michigan by amending Chapter 292, by amending sections 292.01, 292.14, 292.155, 292.20, 292.21, 292.311, 292.35, 292.37 and addition of section 292.37C, for the Employees Retirement System to provide for membership in the retirement system for those employees who were previously members of the Defined Contribution Plan; to provide for age and service requirements; to modify employee contributions to the system and for retirement health care; to modify final average salary calculation; and to provide vesting requirements for the retirement health care was introduced by Councilmember Bauer and read a first and second time by its' title and referred to the Committee of the Whole.



RESOLUTION #0434

BY COUNCILMEMBER BAUER



RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set for Monday, September 22, 2003, at the Lansing City Hall, 124 W. Michigan Ave., for the purpose of considering an Ordinance to amend the Code of Ordinances of the City of Lansing by amending Chapter 292, by amending 292.01, 292.14, 292.155, 292.20, 292.21, 292.311, 292.35, 292.37 and addition of section 292.37C, for the Employees Retirement System to provide for membership in the retirement system for those employees who were previously members of the Defined Contribution Plan; to provide for age and service requirements; to modify employee contributions to the system and for retirement health care; to modify final average salary calculation; and to provide vesting requirements for the retirement health care.



All interested persons are invited to attend this public hearing.



By Councilmember Bauer



Carried Unanimously



INTRODUCTION OF AN ORDINANCE

AMEND CHAPTER 292

BY ADDING 292.98



By Councilmember Bauer



That an Ordinance to Amend the Code of Ordinances of the City of Lansing, Michigan by amending Chapter 292, by adding 292.98 for the Defined Contribution Money Purchase Pension Plan, to confirm that certain City of Lansing Employees Money Purchase Pension Plan, as the same may be amended from time to time for employees and elected officials who are members of such plans pursuant to Collective Bargaining Agreements, Personnel Rules or Elected Officers Compensation Commission Determinations was introduced by Councilmember Bauer and read a first and second time by its' title and referred to the Committee of the Whole.



RESOLUTION #0435
BY COUNCILMEMBER BAUER



RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set for Monday, September 22, 2003 , at the Lansing City Hall, 124 W. Michigan Ave., for the purpose of considering an Ordinance to amend the Code of Ordinances of the City of Lansing by amending Chapter 292, by adding 292.98 for the Defined Contribution Money Purchase Pension Plan, to confirm that certain City of Lansing Employees Money Purchase Pension Plan, as the same may be amended from time to time for employees and elected officials who are members of such plans pursuant to Collective Bargaining Agreements, Personnel Rules or Elected Officers Compensation Commission Determinations.



All interested persons are invited to attend this public hearing.



By Councilmember Bauer



Carried Unanimously



ORDINANCES FOR INTRODUCTION



There were no Ordinances for Introduction



ORDINANCES FOR PASSAGE



There were no Ordinances for Passage



LATE ITEMS



1. From Councilmember Jeffries; a Petition from the Moores River Dr. Neighborhood requesting tree trimmed in their neighborhood



REFERRED TO THE MAYOR AND REFERRED TO THE COMMITTEE OF THE WHOLE



OTHER BUSINESS

CITY OFFICER & BOARD REPORTS



By Vice President Bauer



That City Officer and Board Reports, along with Communications and Petitions, be considered as being read in full and that the proper referrals be made by President Wood



1. Letter from the City Clerk submitting Licenses and Bonds for City Council approval; a request from Dennis Benjamin Jr. for a Peddler and Transient Merchants License to offer Stock Broker Dealer Services door to door in the City of Lansing



REFERRED TO THE CITY ATTORNEY AND REFERRED TO GENERAL SERVICES



2. Letter from the City Clerk submitting minutes of Boards and Authorities placed on file in the City Clerk's Office



RECEIVED AND PLACED ON FILE

3. Letters from the Mayor re:

a. Executive Order from Mayor Benavides establishing the City of Lansing Living Wage Plan



REFERRED TO THE COMMITTEE OF THE WHOLE



b. Planning Board Recommendations re: ACT-9-03; 119th Park Access Property between 439 and 501 N. Clemens, Disposal of south 5' of access property filed by the Parks & Recreation Department



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



c. Planning Board Recommendations re: ACT-10-03; Vacant land at Kingsley Ct. & Riddle St., Disposal of two excess parcels of land filed by the Parks & Recreation Department



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



d. Letter of appreciation to the Lansing Police Department from Brookline Management Co. of 31200 Northwestern Hwy, Farmington Hills, MI



RECEIVED AND PLACED ON FILE



e. Letter of appreciation to the Lansing Fire Department from Gene Wrigglesworth, Ingham County Sheriff



RECEIVED AND PLACED ON FILE



Carried unanimously



COMMUNICATIONS & PETITIONS

1. An Attorney Generated Receipt regarding Peter Deluca v the City of Lansing



RECEIVED AND PLACED ON FILE



2. Appeal of the Claims Review Committee filed by Todd Dowrick of 5653 Woodvalley Dr. for property located at 624 Leslie St.



REFERRED TO THE CITY ATTORNEY AND REFERRED TO GENERAL SERVICES



3. Appeal of the Claims Review Committee filed by Mohamad H. Abduljaber of 9557 S. Airport Rd. for property located at 943 McCullough St.



REFERRED TO THE CITY ATTORNEY AND REFERRED TO GENERAL SERVICES



4. Agenda and Registration form for the Tri-County Regional Planning Commission Transportation Safety Forum to be held September 18, 2003 at the Hanna Center in E. Lansing, MI



REFERRED TO THE COMMITTEE ON PUBLIC SERVICES AND REFERRED TO TRAFFIC ENGINEERING



5. Eaton County Equalization and Property Description Reporting Forms



REFERRED TO THE CITY ASSESSOR



6. Letter of complaint from Lynn A. Kavanagh of 1037 Poxson Ave. regarding parking on the 1000 block of Poxson Ave.



REFERRED TO THE MAYOR AND REFERRED TO TRAFFIC ENGINEERING AND REFERRED TO THE COMMITTEE ON PUBLIC SAFETY



7. Letter from Tom Donall of Spiral Video Dance Bar responding to complaints regarding his business



RECEIVED AND PLACED ON FILE '



8. Memorandum from Peter Sullivan, Co-Producer, Center Park Productions, submitting the 2003 Common Ground Financial Analysis



REFERRED TO THE MAYOR AND REFERRED TO THE COMMITTEE ON WAYS AND MEANS AND THE INTERNAL AUDITOR



9. Application from the State of Michigan, Department of Environmental Quality, Water Division, DEQ Permit #036146, to allow for the construction, alteration, addition or improvement of the Wastewater System for the Governors Collection (Collection System) and Bennett Road Pump Station (Conveyance System)



REFERRED TO THE MAYOR AND REFERRED TO THE PUBLIC SERVICE DEPARTMENT



10. Bennett Road Pump Station Contract #2015001T-S-1, received from Tetra Tech MPS



REFERRED TO THE MAYOR AND REFERRED TO THE PUBLIC SERVICE DEPARTMENT



COUNCILMEMBERS COMMENTS



Councilmember Bauer encouraged residents to call Public Service if they have any problem with weeds or the CSO project in the Moores River Drive area. She said the Council has put their foot down to make sure the work from that project is complete. She said that she would like to express sympathy to the family of Rosemary Ricketts who was a long time resident of Lansing.



Councilmember Williams said that he received a number of complaints regarding the CSO Project in the Moores River Drive area and referred them to Public Service who has been out to look at them and they are being handled.



Councilmember Leeman said the Public Service Committee took up an issue last Tuesday regarding the Moores River Drive area. All pavement will be done between now and November 15, 2003.



President Wood said, regarding the issue of the paving of the roads, there was a problem in that the first coat of pavement was bad and the contractor was going to replace. That is why they have not put the top coat on. The contractor at his cost, will be removing that first layer of pavement and redo it. That is part of the reason for the delay.



David Weiner, Executive Assistant to Mayor Benavides, said he spoke with David Berridge, Public Service Director regarding the area that is being talked about and if anyone has any questions or difficulty with their grass they can call the CSO Hotline 394-5566.



Councilmember Jeffries questioned if the developer was at fault and this was done last year why is it taking a year to get through this.



President Wood said that David Berridge will be at the Committee of the Whole meeting and these are some of the questions that can be asked.



David Weiner, encouraged the Council to get answers from David Berridge, Director of Public Service.



Councilmember Jeffries questioned if this was the same contractor that is out there doing work now. President Wood responded yes.



Councilmember Leeman said to keep in mind that these contracts have no specific dates in them when they are signed and maybe the Council needs to look into the contract for the future.



Councilmember Jeffries said that he followed some of the CSO Project and he understands some of the layover, but this particular project from Wellington to Blair does not seem to fit that profile.



Councilmember Allen said perhaps we need to look at other contractors.



MAYOR'S EXECUTIVE ASSISTANT'S

COMMENTS



There were no remarks from the Mayor's Executive Assistants



ADJOURNED TIME 9:25 P.M.

DEBBIE MINER, CITY CLERK