OFFICIAL PROCEEDINGS OF

THE CITY COUNCIL

CITY OF LANSING

PROCEEDINGS OF OCTOBER 13 , 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



The Invocation and Pledge of Allegiance were led by President Wood



APPROVAL OF MINUTES



By Councilmember Leeman



To approve the printed Council Proceedings of September 22, 2003



Carried unanimously



CONSIDERATION OF LATE ITEMS



By Vice President Bauer



To accept the following under suspension of the rules:



1. From Councilmember Bauer; a Resolution identifying City Council Budget Policies and Priorities for FY 2004/2005



2. From Councilmember Allen; Committee Report and Ordinance for passage approving Z-4-03; 1129 and 1313 Mary



3. From Councilmember Wood; Special Ceremony, South Side Community Center



Carried unanimously



SPECIAL CEREMONIES &

ANNOUNCEMENT OF CITY EVENTS



1. Proclamation; National Breast Cancer Awareness Month



Mayor Benavides presented a proclamation to Noah Smith of the American Cancer Society proclaiming the month of October, 2003 as National Breast Cancer Awareness Month and October 17, 2003 as National Mammography Day in the City of Lansing.



Noah Smith, on behalf of the American Cancer Society, said he is very proud to accept this proclamation. He said this past weekend the Cancer Society had the "Making Strides Against Breast Cancer" event and the Lansing community bonded together around the issue of Breast Cancer and raised over $285,000 to help fight this disease that effects both men and women. He thanked the Mayor and the City Council for their commitment.



2. Proclamation: National Latino AIDS Awareness Day



Mayor Benavides said the Latino Community is bringing attention to the AIDS situation in the community. He said that we are fortunate to have a good group of people in the area who have dedicated themselves to ensure that everyone, especially people with language barriers are aware of the AIDS situation in terms of HIV. He said that he is declaring today, October 15, 2003, as "Latino AIDS Awareness Day" in Lansing and urges all citizens to raise their awareness.



Ted DeLeon Jr. said that over the weekend they had the first Latino AIDS March from Eastern High School to the Capital. He said this virus is epidemic in the Latino community we need a good program that recognizes cultural competence and we are blessed to have that in the Lansing Area AIDS Network.



Ligia Romero, thanked Mayor Benavides, Debbie DeLeon and Reverend Murphy for their help and support with the event. She also thanked the Lansing State Journal, Eastern High School and their staff for all of their hard work.



Pat Lombardi said that the AIDS Quilt will be on display at the Edgewood United Church for a couple of weeks. He said these quilt panels speak for themselves and it is a privilege to bring it to the City Council.



Audrey Matisoff, Clinical Director, said that she has been with the AIDS Network Center for five (5) years and wishes she could say that things were getting better, but in many ways they are getting worse. They are seeing many more infections from all backgrounds. She said this issue needs to be in the forefront of the World. She thanked the Mayor and the Council for involvement in this very important endeavor.



3. Tribute; Aleta Mineo O'Connell



Councilmember Allen said that she is pleased to take this time to honor Aleta Mineo O'Connell, the founder and owner of Jamie Roger Enterprise. She told the story of how she became familiar with Jamie Rodgers Enterprises and said that she had never felt such warmth, concern and helpfulness. She is one of those rare women who can't help but to succeed.



Aleta Mineo O'Connell said this is the first time that she has had the tables turned and been the recipient of an award. She said that we are all connected and what happens well for her is good for another person. She said Wednesday will be the start of her twenty-third year in business.



4. Presentation; South Side Community Coalition Center



Pete Cunningham, Director of the South Side Community Coalition Center, thanked the Mayor and the City Council for participating their grand opening on Saturday. He said that Mr. Curtis X had a dream and it came true on Saturday. He said this center will provide South Lansing with many programs and activities and services. The Center is located at 2101 W. Holmes Rd. He presented the City Council with certificates for their support. He said if anyone is interested in being on the Board they can reach him at 394-6804.



Councilmember Smith said that she was out of the room last week during the vote on the condominiums on Westwood, therefore missing the vote. She asked to go on record that she was in support of it. The Lansing Branch of the Lansing A. Phillip Randolph Institute is having its 5th Annual Role Model celebration "Unsung Hero Awards" on Saturday, October 18, 2003 from 9:00 A.M. until Noon at the Local 652. The Shady Oaks Neighborhood Association will be holding a meeting October 14, 2003 at 6:30 P.M. at Cumberland School regarding the proposed development of the condominiums.



Councilmember Williams announced that the Churchill Downs Neighborhood Association will meet Tuesday, October 21, 2003, at 6:30 at Wexford Elementary School. Wednesday is the Colonial Village neighborhood Association meeting at 7:00 P.M. at Grace United Methodist Church. Thursday morning is the CSO meeting at 8:00 A.M. at Grace United Methodist Church. Thursday evening at 7:00 P.M. is the meeting for the residents at Summer Place Apartments 4901 S. Waverly Rd. to discuss on going issues.



Councilmember Allen announced that on Sunday October 19, 2003 Lansing Community College will be having a lip sync event and tickets are $25.00. The event will be at Dart Auditorium stating at 6:00 P.M. She Councilmembers Williams and Meyer will be performing as the Blues Brothers.



Councilmember Leeman announced that the Scarecrow Avenue Event in Reo Town where scarecrows will be mounted on street light poles along S. Washington Ave. The public is invited to vote on their favorite scarecrow October 21, through October 28, 2003. Voting will end October 28, 2003 at 6:00 P.M. Ballots and ballot boxes will be located in retail business' along Washington Ave. The winner will be announced in the St. Vincent DePaul parking lot on October 30, 2003 and there will be cash prizes to the winner.



President Wood announced that on Wednesday the Cherry Hill Neighborhood Association will meet at the Michigan Retailers Association and Prosecuting Attorney Stuart Dunnings will be there to discuss ongoing events.



David Wiener, Executive Assistant to Mayor Benavides, announced that a portion of the AIDS Quilt will be on display in the City Hall Lobby October 15, 2003 and a ceremony will take place at 4:00 P.M. The Mayor's Housing Task Force has completed a preliminary report and will present it to the Mayor and the public in a public forum at Eastern High School Social Room Wednesday October 22, 2003 from 7:00-9:00 P.M. The purpose of this report is to gather response and then the final report will be done.



PUBLIC'S AND MAYOR'S COMMENT

ON LEGISLATIVE MATTERS





1. In consideration of Z-9-2003; Southwest Corner of Oakland Ave. & N. Cedar St., Petition for Rezoning from "C" Residential to "E-2" Local Shopping District filed by Robert Taylor to allow for commercial use



Robert Taylor of CB Richard Ellis,1111 E. Michigan, said that the Planning Board has recommended denial of Z-9-2003 and he asked the Council to look at this request from a realistic point of view.



George Bettman of 16867 Thorugate Rd. spoke in support of Z-9-2003. He asked the Council for their support because he would like for it to be developed.



Joan Bum of 816 Center said that her father owns this property and he is eighty-eight and has health problems and he needs to sell this property. She said it is hard to sell the property in its current zoning.



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



2. In consideration of Z-10-2003; 302 E. Grand River Ave., Petition for Rezoning from "F-1" Commercial to "G-1" Business District filed by Fred Hammond to allow for a mix of Residential and Commercial land uses



Fred Hammond 111 E. Grand River asked the Council to support Z-10-2003 to allow for an upscale residential lofts. He said the rezonning will allow them to renovate.



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE





Gary Andrews President of the Lansing Flying Aces thanked the City of Lansing and the Parks Department for the use of Elm Park and said they would like to continue to use it. He said they flew at the vacant land by the Hope Soccer Complex but had that access taken away. They did give the City a proposal for a flying site and they will be at the Committee of the Whole meeting because their issue will be discussed.



Stan Rodges of 2208 Berthan St , Holt, said that the Flying Aces program is great for kids.



Willy Williams, P.O. Box 11042 said the Chicago Cubs are about to be in the World Series and that is who owns the Lugnuts. He said today is National Children's Day and he would like to see a ceremony honoring that.



Jim Lovitt of 2214 Belaire Dr. spoke about the importance of the School Bond Issue for students and Lansing as a whole.



William Hubbell of 3916 Wedgewood said that he recently took a vacation out West and there were no parking meters. He said if we want to make Lansing a better place to live we should get rid of the parking meters.



Loren Glasscock of 515 Everett Dr. spoke about the WWII generation. He said many of the Councilmembers have parents who were part of that generation and it is a generation that has helped make the County what it is today and a generation of people who admitted when they were wrong and stood up for what they believed was right. Unfortunately today there are people who do not admit when they are wrong.



Dario F. Medrano Jr. of 617 Louisa spoke about his personal experiences with the Mayoral candidates.



Eva L. Evans of 434 S. Verlinden spoke about the School Bond Proposals and encouraged support for this issue on election day.



Steve Manchester of 514 Westmoreland spoke in support of the School Bond Proposal. He said this proposal is about modernizing the schools and giving the students the opportunity to compete will the surrounding schools.



Frank S. Curtis X, no address given, thanked everyone who showed up Saturday for the opening of the South Side Community Coalition Center. He said his mission is to teach and the Community Center is just the beginning.



John Pollard of 1718 Blair spoke in opposition of the School Bond Proposals.



Kris Young of 610 Ottawa encouraged the Mayoral candidates to debate.



Cynthia Paul of 922 Durant spoke about the rumors that are being generated regarding the Mayoral candidates.



Darnell Oldham of 3815 Berwick Dr. congratulated Brother Frank Curtis X for his efforts with the South Community Center. He spoke about the Mayoral candidates and said some of these rumors were already started before this election process began.



Ed Simmer of 4245 W. Jolly spoke about a citizen who was assessed a claim for fire alarms going off at her house. She came to the City Council to appeal it and she was looking for justice or compassion but did not find it. He said four Councilmembers did the right thing and the other four did not.



Hugh Clark, no address given, spoke in support of the School Bond Proposals for the much needed improvements in the Lansing Schools. He spoke about a student who visited another school and saw how well equipped they were and said that he felt inferior.



Reiner Delgado of 508 Clifton congratulated Mayor Benavides on an award that he received last week because it was not in the local media. He spoke about the Mayoral race and said certain candidates do not understand commitment.



Jacqueline Warr 2055 Rockway said she is a member of the Lansing School Board and what an honor that is. She spoke in support of the School Bond proposal and encouraged everyone to vote yes.



Charlene Decker of 2711 Pleasant Grove Rd. spoke in opposition to the proposed School Bond Proposal and said it is unfair for people to compare us to suburban schools as if we are not willing to sacrifice.



Belinda Fitzpatrick of 224 S. Holmes encouraged citizens to vote for certain candidates on November 4, 2003.



Michael Cole, no address given, said that he was here as a naysayer against the School Bond Proposals. He said when the Bond came out of Committee it was 70 million dollars and when it went to the Board it came back as 74.9 million dollars and he believes some questions should be asked. He said this should not have to be put on the backs of tax payers.



Christine Timmon of 339 E. St. Joe thanked Councilmember Jeffries for sponsoring her trip to the Kellogg Center to participate in a diversity seminar. She said there should be more emphasis on the Lansing School Board race because this is an important position and it involves how our children will be educated. We need to be sure that the candidates that we vote for are upstanding citizens and not putting on a mascarade.



LEGISLATIVE MATTERS

RESOLUTIONS



RESOLUTION #0488

BY COUNCILMEMBER SANDY ALLEN

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, Aleta Mineo O'Connell left a very successful career as a union negotiator to establish Jamie Rogers Enterprises, Inc. in Lansing on October 15, 1981, and



WHEREAS, Aleta Mineo O'Connell is the products distributor and manufacturer' representative of the promotional products and advertising specialties produced by Jamie Rogers Enterprises; and



WHEREAS, Aleta Mineo O'Connell initially worked out of an office in her home and stored her inventory in her basement; and



WHEREAS, Jamie Rogers Enterprises in Lansing has been located the past 12 years at 821 East Kalamazoo Street to be centrally located, near downtown, and within seven miles of anyone in her service territory; and



WHEREAS, the success of the Jamie Rogers Enterprises is largely due to the acute sense of timing, business acumen and personal touch that Aleta Mineo O'Connell provides each of her clients;



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, congratulates Aleta Mineo O'Connell on her 22 years of success with Jamie Rogers Enterprises in the City of Lansing.



By Councilmember Allen



Carried Unanimously

RESOLUTION #0489

BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



ACT-9-03, 119th Access Property Between 439 & 501 N. Clemens, Sale of 5' strip (south 5')



WHEREAS, the Parks and Recreation Department wishes to sell a 5' strip of land to the adjacent property owner to the south, 439 N. Clemens Avenue, to eliminate an encroachment on City of Lansing property; and



WHEREAS, the subject property is 5' x 137.2' rectangular parcel of land located on the west side of Clemens Avenue at the intersection of Clemens and Fernwood; and



WHEREAS, this walkway provides access from Clemens Avenue to the 119th Armory property to the west; and



WHEREAS, this walkway is owned by the City of Lansing and managed by the Parks & Recreation Department, but is not dedicated park land; and



WHEREAS, on June 18, 2003, the Parks Board recommended approval of this proposal, with conditions; and



WHEREAS, the residential character of the area will not change as a result of the sale of the subject property; and



WHEREAS, this proposal is supported by the Eastside Neighborhood Organization, and there were no objections to this proposal from the various agencies, provided that the City reserve appropriate utility easements; and



WHEREAS, the Planning Board found, based on its review of Act-9-03 in accordance with its Act 285 Review procedures that:



1. the subject property is not dedicated parkland,



2. the remaining walkway would be sufficient width (10') to handle pedestrian traffic,



3. the residential character of the area will not change as a result of the sale of the subject property,



4. the public interest would be served by selling the southern 5' of the 15' walkway, and installing a fence on the south property line to eliminate further encroachments onto the remaining walkway; and



WHEREAS, the Planning Board, at its meeting on September 3, 2003, voted unanimously (5-0) to recommend approval of Act-9-03, as recommended by the Parks Board:



1. to sell the south 5' strip of land to the adjacent property owner to the south, 439 N. Clemens Avenue,

2. to install a fence along the southern edge of the remaining walkway,



3. to install a fence along the western edge of 439 N. Clemens, if deemed necessary by the Parks and Recreation staff; and



WHEREAS, on May 22, 2003, the City Assessor, based upon his research and findings, determined that the fair market value of the subject property is six-hundred dollars ($600.00); and



WHEREAS, the Committee on Development and Planning reviewed the report and recommendation of the Planning Board and concurs therewith;



NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council hereby approves Act-9-03, the sale of the property legally described as:



the South 5 feet of Lot 51, Adams Addition, City of Lansing, Ingham County, Michigan



but reserving, however, unto the City of Lansing an easement under, across, above and within the right of way of said vacated street for the purpose of servicing the utilities, including the right of ingress and egress at all times for public and private utility agents, road agencies, and employees to use the vacated street, or so much of it as may be necessary, for the installation, maintenance, repair, removal, or replacement of utilities,



for the sum of Six Hundred and no/100 dollars ($600.00) to Mr. Robert VanGilder, 439 N. Clemens Avenue, Lansing, MI 48912, for the purpose of combining the subject parcel with his property at the above address.

BE IT FINALLY RESOLVED, that the Mayor, on behalf of the City, is hereby authorized to sign and execute all documents necessary to effectuate the aforementioned transactions, subject to their prior approval as to form by the City Attorney.



By Councilmember Allen



Carried Unanimously

RESOLUTION #0491

BY THE COMMITTEE ON PLANNING AND DEVELOPMENT

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



LS-24-2003, 1204 Cleveland & 1307 E. Grand River Avenue



WHEREAS, Ronald Sible has requested a lot split (LS-24-03) to split off the east 49 feet of the property at 1204 Cleveland and combine it with the property at 1307 E. Grand River; and



WHEREAS, the purpose of the proposed lot split is to eliminate the existing L-shaped lot at 1204 Cleveland and to create a larger back yard at 1307 E. Grand River; and



WHEREAS, the lots that will result from the split will exceed the maximum permitted width to depth ratio of 1:2.5, but will comply with all other dimensional requirements set forth in Section 1236.07 of the Subdivision Regulations; and



WHEREAS, the lot split will not change the residential character of the area; and



WHEREAS, the lot split will create lots that are similar in size to other lots in this neighborhood; and



WHEREAS, the Planning Board, at its meeting held on September 16, 2003 voted (4-0) to recommend approval of the lot split; and



WHEREAS, the Committee on Planning and Development has reviewed the recommendation of the Planning Board and concurs therewith;



NOW THEREFORE BE IT RESOLVED that the Lansing City Council hereby approves the lot split request (LS-24-2003) by Ronald Sible to split off the east 49 feet of the property at 1204 Cleveland and combine it with the property at 1307 E. Grand River; and



BE IT FURTHER RESOLVED, that the legal description of the new parcels are as follows:

1204 Cleveland

Lot 21, the west 56.06 feet of Lots 19 and 20 and the west 21 feet of Lot 22, Otto's Addition, City of Lansing, Ingham County, Michigan.



1307 E. Grand River

Lot 23, the east 14 feet of Lot 22 and the east 49 feet of Lots 19 and 20, Otto's Addition, City of Lansing, Ingham County, Michigan.



By Councilmember Allen



Carried Unanimously



RESOLUTION #0491

BY THE COMMITTEE ON PLANNING AND DEVELOPMENT

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



Z-6-03

1100 Lake Lansing Road

"B" Residential District to "G-2" Wholesale District



WHEREAS, Paul Wiegman, 3230 Stabler Street, Lansing, MI 48910, has requested a Zoning Map Amendment from "B" Residential District to "G-2" Wholesale District for the property located at 1100 Lake Lansing Road and the vacant lot located directly to the east; and



WHEREAS, the Planning Board held a public hearing on August 5, 2003, at which the applicant spoke in favor of the petition and three people from the neighborhood spoke in opposition to the petition; and



WHEREAS, a valid protest petition containing 80 signatures from residents in the surrounding area has been received; and



WHEREAS, the Planning Board, at it's meeting held on August 19, 2003, voted unanimously (6-0) to recommend denial of the petition; and



WHEREAS, the Planning Board found, based on testimony, evidence, and the staff report that the proposed rezoning to "G-2" Wholesale District would be inconsistent with the surrounding zoning, land uses and the Northeast Area Comprehensive Plan; and



WHEREAS, the City Council held a public hearing on September 29, 2003; and



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



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council hereby denies the request (Z-6-03) by Paul Wiegman for a Zoning Map Amendment from "B" Residential District to "G-2" Wholesale District for the property located at 1100 Lake Lansing Road and the vacant lot located directly to the east.



By Councilmember Allen



Carried Unanimously



RESOLUTION #0492

BY THE COMMITTEE ON PLANNING AND DEVELOPMENT

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



Z-7-03

1110 Lake Lansing Road

"B" Residential District to "D-1" Professional Office District



WHEREAS, Paul Wiegman, 3230 Stabler Street, Lansing, MI 48910, has requested a Zoning Map Amendment from "B" Residential District to "D-1" Professional Office District for the property located at 1110 Lake Lansing Road and the vacant lot located directly to the east; and



WHEREAS, the Planning Board held a public hearing on August 5, 2003, at which the applicant spoke in favor of the petition and three people from the neighborhood spoke in opposition to the petition; and



WHEREAS, a valid protest petition containing 80 signatures from residents in the surrounding area has been received; and



WHEREAS, the Planning Board, at it's meeting held on August 19, 2003, voted unanimously (6-0) to recommend denial of the petition; and



WHEREAS, the Planning Board found, based on testimony, evidence, and the staff report that the proposed rezoning to "D-1" Professional Office District would be inconsistent with the surrounding zoning, land uses and the Northeast Area Comprehensive Plan; and



WHEREAS, the City Council held a public hearing on September 29, 2003; and



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



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council hereby denies the request (Z-7-03) by Paul Wiegman for a Zoning Map Amendment from "B" Residential District to "D-1" Professional Office District for the property located at 1110 Lake Lansing Road and the vacant lot located directly to the east.



By Councilmember Allen



Carried Unanimously



RESOLUTION #0493

BY THE COMMITTEE OF PLANNING AND DEVELOPMENT

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the City of Lansing, Michigan is a Municipal Corporation organized under the provisions of Public Act 279 of 1909, as amended, commonly known as the Michigan Home Rule City Act, MCL 117.1 et seq, and is governed by the provisions of the Lansing City Charter adopted August 8, 1978, as amended; and



WHEREAS, the City of Lansing and the CSX Transportation railroad have reviewed crossings owned by CSX within the City Limits for possible grade crossing closures; and



WHEREAS, the City Council, as a matter of public safety and welfare, deems it in the best interest of the City and its inhabitants to close Sheridan Street at the crossing of the CSX Transportation railroad; and



WHEREAS, Resolution #402, approved on August 25, 2003, provided public notice of intent to close Sheridan Street at the crossing of the CSX Transportation railroad; and



WHEREAS, a public hearing was held on September 8, 2003 and two people spoke in favor of the closure and no one spoke against the closure;



NOW THEREFORE BE IT RESOLVED that the City Council hereby orders the closure of Sheridan Street at the CSX Transportation railroad crossing.



By Councilmember Allen



Carried Unanimously



RESOLUTION #0494

BY THE COMMITTEE ON PUBLIC SERVICES

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the Mayor has requested the re-appointment of Ron D. Lott, 3520 Brisbane Drive, to the Parks Board for a term to expire on June 30, 2007; and



WHEREAS, the Committee on Public Services, on October 7, 2003, recommended confirmation of this re-appointment;



NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council hereby confirms the Mayor's re-appointment of Ron D. Lott, 3520 Brisbane Drive, to the 3rd Ward position on the Parks Board for a term to expire on June 30, 2007.



By Councilmember Leeman



Carried Unanimously



RESOLUTION #0495

BY THE COMMITTEE ON PUBLIC SERVICES

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



WHEREAS, the Mayor has requested the re-appointment of Claude Ramey, 205 East Girer Street, to the Parks Board for a term to expire on June 30, 2007; and



WHEREAS, the Committee on Public Services, on October 7, 2003, recommended confirmation of this re-appointment;



NOW, THEREFORE, BE IT RESOLVED, that the Lansing City Council hereby confirms the Mayor's re-appointment of Claude Ramey, 205 East Gier Street, to the At-Large position on the Parks Board for a term to expire on June 30, 2007.



By Councilmember Leeman



Carried Unanimously



RESOLUTION #0496

City of Lansing
Counties of Ingham and Eaton, State of Michigan



RESOLUTION AUTHORIZING NOTICE OF INTENT

TO ISSUE SEWAGE DISPOSAL SYSTEM REVENUE BONDS



WHEREAS, the City of Lansing, Counties of Ingham and Eaton, State of Michigan (the "City'), has determined that it is necessary for the public health, safety and welfare of the City to equip, improve, rehabilitate, acquire, construct and install certain improvements to the City's Sewage Disposal System, including but not limited to sanitary sewer overflow remediation, together with any appurtenances and attachments thereto and any related site acquisition or improvements (collectively, the "Improvements"); and



WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended ("Act 94"), permits a City to borrow money to finance the acquisition, construction, improvement, enlargement, extension, and repair of public improvements through the issuance of revenue bonds; and



WHEREAS, the issuance of bonds under Act 94 payable from revenues of the City's Sewage Disposal System in an amount not to exceed Thirty-Two Million Dollars ($32,000,000) (the "Bonds") for the purpose of financing the acquisition and construction of the Improvements appears to be the most practical means to that end; and



WHEREAS, a notice of intent to issue revenue bonds must be published before the issuance of the Bonds in order to comply with the requirements of Section 33 of Act 94.



NOW, THEREFORE, BE IT RESOLVED THAT:



1.Publication of Notice of Intent. The City Clerk is hereby authorized and directed to publish a notice of intent to issue the Bonds in The Lansing State Journal, a newspaper of general circulation in the City. The notice of intent shall be published as a one-quarter (1/4) page display advertisement in substantially the following form:



NOTICE TO ELECTORS OF THE CITY OF LANSING AND TO USERS OF THE CITY'S SEWAGE DISPOSAL SYSTEM OF INTENT TO ISSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF THE CITY'S SEWAGE DISPOSAL SYSTEM AND OF RIGHT

OF REFERENDUM RELATING THERETO



PLEASE TAKE NOTICE that the City Council of the City of Lansing intends to authorize the issuance and sale of the City's Sewage Disposal System Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in the maximum aggregate principal amount of Thirty-Two Million Dollars ($32,000,000) (the "Bonds"), for the purpose of paying costs to equip, improve, rehabilitate, acquire, construct and install certain improvements to the City's Sewage Disposal System, including but not limited to sanitary sewer overflow remediation, together with any appurtenances and attachments thereto and any related site acquisition or improvements. The Bonds will mature in annual installments which shall not exceed thirty (30) in number, with interest on the unpaid balance from time to time remaining outstanding on the Bonds at interest rates to be determined at public or negotiated sale but in no event to exceed such rates as may be permitted by law. The Bonds may be issued in one or more series and may be combined with bonds issued for other purposes as shall be determined by the City Council.



SOURCE OF PAYMENT OF BONDS



THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS SHALL BE PAYABLE solely from the revenues received by the City from the operations of said Sewage Disposal System (the "System"). Said revenues will consist of rates, fees and charges billed to the users of the System, a schedule of which is presently on file in the offices of the City Clerk and the Public Service Department. Said rates, fees and charges may from time to time be revised to provide sufficient revenues to provide for the expenses of operating and maintaining the System, to pay the principal of and interest on the Bonds and any other bonds of the System, and to pay other obligations of the System.



RIGHT OF REFERENDUM



THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A VALID PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER THE DATE OF PUBLICATION OF THIS NOTICE. If such a petition is filed, the Bonds cannot be issued unless approved by a majority vote of the electors of the City voting on the question of their issuance.



THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended.



ADDITIONAL INFORMATION may be obtained at the office of the City Clerk upon request.



Deborah K. Miner, City Clerk City of Lansing



2. Sufficiency of Notice and Designated Newspaper. The City Council hereby determines that the foregoing form of notice of intent to issue the Bonds and the manner of publication directed is the method best calculated to give notice to the City's taxpayers and electors and the users of the City's Sewage Disposal System of the City's intent to issue the Bonds, the purpose of the Bonds, the source of payment of the Bonds, and the right of referendum relating thereto, and that the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.

3. IRS Required Declaration of Intent. The City hereby makes the following declaration of intent for the purpose of complying with the reimbursement rules of Treas. Reg. 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:



(1) The City reasonably expects to reimburse itself with proceeds of debt to be incurred by the City for certain costs associated with acquisition and construction of the Improvements which were or will be paid subsequent to sixty (60) days prior to the date hereof from the general funds or capital fund of the City.



(2) As of the date hereof, the maximum principal amount of debt expected to be issued for reimbursement purposes, including reimbursement of debt issuance costs, is $32,000,000, which debt may be issued in one or more series and/or together with debt for other purposes.



(3) A reimbursement allocation of the expenditures described in paragraph (1) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Improvements are placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the use of the proceeds of the debt to be issued for the Improvements to reimburse the City for a capital expenditure made pursuant to this resolution.



(4) The expenditures for the Improvements are "capital expenditures" as defined in Treas. Reg. 1.150-1(b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of "placed in service" under Treas. Reg. 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).



(5) No proceeds of the borrowing paid to the City in reimbursement pursuant to this resolution will be used in a manner described in Treas. Reg. 1.150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. 1.148-1) within one year of the reimbursement allocation described in (3) above.



4. Financial Advisor. The City Council hereby approves retention by the City Finance Director of a financial advisor to advise the City with respect to issuance and sale of the Bonds.



5. Bond Counsel. The City Council recognizes that Miller, Canfield, Paddock and Stone, P.L.C., has represented from time to time, and currently represents, various financial institutions, and other potential participants in the bond financing process for unrelated projects, any of which might offer to purchase the Bonds or to act as transfer agent for the Bonds. The City Council appoints Miller, Canfield, Paddock and Stone, P.L.C. as bond counsel for the Bonds, notwithstanding the potential concurrent representation of any such bidder regarding any unrelated matter.



6. Conflicting Resolutions. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded.



I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, State of Michigan, at a Lansing City Council meeting held on October 13, 2003, at 7:00 o'clock P.M., prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267.

I further certify that the following Members were present at said meeting: Councilmembers Allen, Bauer, Jeffries, Leeman, Meyer, Smith, Williams, Wood and that the following Members were absent: None



I further certify that Member Bauer moved for adoption of said resolution and that Members Allen, Jeffries, Leeman, Meyer, Smith, Williams, Wood supported said motion.

I further certify that the following Members voted for adoption of said resolution: Allen, Bauer, Jeffries, Leeman, Meyer, Smith, Williams, Wood and that the following Members voted against adoption of said resolution: None



DEBBIE MINER, CITY CLERK



By Councilmember Bauer



Carried Unanimously



RESOLUTION #0497

BY THE COMMITTEE OF THE WHOLE

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING



(As Approved on 10/13/2003 9:45 PM)



WHEREAS, the Charter of the City of Lansing requires the Council to adopt an annual statement of Budget Policies and Priorities serving to guide the administration in developing and presenting the Fiscal Year 2004-05 budget; and



WHEREAS, the City Council recognizes that the State's continuing budget problems and the economy's slow recovery from recession will make the FY 2004-05 budget process difficult and challenging; and



WHEREAS, in light of the present economy the City Council maintains that essential services, such as police, fire and 911, be protected from budget cuts to the extent possible and that tax increases be considered only as a last resort; and



WHEREAS, the City Council would like to continue its commitment, if funding is available:



" to maintain and improve the City's infrastructure;

" to preserve and ensure clean, safe, well-maintained housing and neighborhoods;

" to provide comprehensive and affordable recreational programs and youth and family services;

" to automate work programs for improved efficiency in service delivery; and



WHEREAS, in considering these FY 2004-05 budget priorities, the Administration is encouraged to ascertain the feasibility of funding any new programs through the reduction of spending in existing program areas; and



NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, acknowledges that the City will likely need to adopt, at best, a budget which recognizes the structural changes that are the result of lost revenues and encourages the Administration to prudently develop next year's budget with the following conditions:



" Protection of essential services such as police, fire, and 911

" Use of the Budget Stabilization Fund to prevent layoffs

" Tax increases be considered only as a last resort



BE IT FURTHER RESOLVED that the Administration review the attached statement of policies and priorities and implement those items that would boost efficiencies to increase productivity or reduce costs; that could replace existing programming; or if funding becomes available, that could be considered as new programming.



GENERAL ADMINISTRATION



Limit Non-Payroll Operating Costs To keep total expenses in check, non-payroll expenditures need to be limited to 80% of the authorized increase allowed for property assessments by the State Tax Commission.



Best Business Practices The Administration should review the "best business practices" of each department to increase the level of productivity and services to Lansing residents while reducing costs.



Increase Budget Stabilization Fund The Administration should be authorized to increase the cap on the Budget Stabilization Fund from its current 10% to 15% level to help obtain higher credit ratings by bond agencies.



Create Lifeline Rates for Sewer Service The Administration should propose lifeline rates for sewer service to assist those families that have incomes below the poverty level.



Interfacing and Exchanging Data The Administration needs to establish a plan and timetable for the various networks and software used by the departments to interface and exchange data.



Indemnify City Elected Officials and City Officers The Administration needs to ensure indemnification protection for City Councilmembers, the Mayor, City Clerk, and non-elected City Officers who, while in the scope of their employment or representation, are required by statute, ordinance or resolution to be on various boards of directors of non-profit organizations.



FINANCE DEPARTMENT



Review of Construction Contracts The Department should create the opportunity for Council input on major construction contracts to ensure that Council's objectives are being met before the bids are let.

Expand Contracts with Women- and Minority-owned Businesses The Administration needs to intensify efforts to increase the number of contracts with women- and minority- owned businesses. The Administration should continue to improve efforts to recruit and encourage women- and minority- owned businesses to bid on contracts and report to Council on a quarterly basis, the number of contracts and the percentage let by race and gender.



Increased Funding For Advertising, Promotion and Tracking The City must increase its advertising, education, recruiting and promotional budget in the Purchasing Office to recruit more minority-owned or woman-owned companies to be aware of how to present bids to the City. The Purchasing Office should be allocated funds to purchase software to track and promote purchases of products and services from minority-owned or woman-owned companies.



Create a Position to Focus on Diversity Spending The Administration needs to establish a position within the Purchasing Office to focus on obtaining greater supplier diversity through greater outreach, recruitment, and training efforts.



FIRE DEPARTMENT



Fire Stations All current, permanent fire stations need to remain unless one is closed in order to open a new station. If there is consideration of a reduction of current stations or level of personnel at the stations, it must be promptly brought before Council for approval.

Expedite Hiring Process The Administration needs to take the steps necessary to assure that all critical positions are filled at all times. These positions are to be filled at all times even if it is on a temporary basis due to officers retiring or being called for reserves.



Emergency Generators The Administration should purchase and install generators at key city facilities, including the North and South Precincts, all fire stations, public service buildings, Gier and Letts Community Centers, and Potter Park Zoo.



Funding for a Secondary ECC The Administration should set aside funds to equip an existing building, such as Fire Station #1 or the CC&S facility, as a secondary emergency management center.



Emergency Training for Neighborhood Groups The Administration should allocate funding to permit staff from the Emergency Management Division to train and prepare the public and neighborhood groups for emergencies, basic first aid, preparedness (3 days food and water for each family) basic search and rescue, etc.



City Preparedness The Administration should earmark funds to provide City Employees with appropriate emergency preparedness training.



HUMAN RELATIONS AND COMMUNITY SERVICES



Board Training and Orientation Each city board or organization that receives HRCS funding should have board training and orientation as to its charge and fiscal responsibilities. Each city board and HRCS funded organization will be provided a check list, created by the internal auditor of critical information, to be reviewed to help ensure that all potential liability is covered by each person.



Audits of Organizations Each organization that receives funding from HRCS or in-kind contributions in excess of $5,000 from the City shall annually submit to the Internal Auditor a copy of its Federal 990 Statement and any annual audit or financial statement that is compiled by or for the organization.



Mayor's Initiative on Race and Diversity The Administration should allocate appropriate funding to continue the progress that is being made by the Initiative's forums, such as the "Teen Forum on Race and Diversity," and other similar activities.



MANAGEMENT SERVICES DEPARTMENT



Begin Leasing Computers The Administration should submit its analyses to the Ways and Means as to whether leasing computers would be a more cost efficient approach to obtain faster upgrades and replacement of older equipment.



PARKS AND RECREATION DEPARTMENT



Enhance the Adopt - A - Park Program The Administration needs to allocate resources to ensure that the Adopt-a-Park Program is strengthened and improved to encourage and reward the increased participation by residents to make park improvements.



Arts Commission Needed The Administration should establish a Community Arts Commission.



Increase Tree Trimming Efforts The administration should submit a plan to decrease the tree trimming cycles by at least 10% so that trees can be trimmed more frequently, and to decrease the delays for tree planting and replanting in the City's Right-of-Way.



Increase Beautification Efforts The Administration should increase its commitment to improve the aesthetics of the four major corridors into the city. The Administration should also encourage each department to place greater emphasis on efforts their staff could take daily to make Lansing more attractive, cleaner and better place to live.



Improve Downtown Parks The Administration needs to work with Michigan State University Horticultural Program and take other steps, such as hiring seasonal workers that would be supervised by one of the City's Master Gardener, to improve the appearances of downtown parks.



Maintain Park Amenities The Administration needs to assure that the amenities (water, bathrooms, basketball hoops, tennis courts, etc.) are available and in good working order for all parks.



Maintain Safety in Parks The Administration needs to continue patrolling and monitoring throughout the City parks to maintain an increased sense of safety for residents.



Oak Park Garage The Administration should replace the Oak Park Garage with a facility in the City to warehouse all parks equipment.



Emphasize Park Improvements The Department should emphasize park maintenance and improvements rather than park land acquisition.



Funding for Southside Community Center The funding for the Southside Community Center should be retained. When it reverts to the City, the Michigan National Guard Armory use should include the Southside Community Center, and a new garage to replace the Oak Park Garage.



Parking at Oak Park The Administration should expand the parking lot at Oak Park.



Expansion of Baker/Donora Building The Administration needs to determine how it can accommodate the influx of users to the Baker-Donora building.



PERSONNEL DEPARTMENT



Re-Assign Labor Relations The Administration should remove Labor Relations from under the auspices of the Personnel Department to have a more objective review of complaints and concerns raised by the various Unions.



LANSING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT BUILDING SAFETY OFFICE



Commercial Buildings The Building Safety Office needs to recommend either the Council adopt a Grand Rapids style ordinance or the soon to be approved International Code for Commercial buildings for commercial buildings for its use in enforcement of building codes.



PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT DEVELOPMENT OFFICE



Focus on Home Ownership The Administration should aside 80% of the housing allocation from federal funds, such as the HOME Funds, or CDBG, for home owner occupied programs.



PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT: CODE COMPLIANCE OFFICE



Allocation of Code Compliance Time The Code Compliance Officers should spend equal amount of their time between on rental registration-inspections and on quality of life issues and complaints from residents that may not generate revenue.



Expedite Improving Abandoned Residential and Commercial Buildings The City Attorney and the Planning and Neighborhood Development Department should expedite the forced improvements of or the closure of abandoned, neglected and burned out houses and commercial buildings.



Overtime for Code Officers There should be sufficient funds to cover the overtime costs' for Code Compliance Officers to attend neighborhood meetings and respond to calls from police after 5 p.m. or on weekends.



PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT: ECONOMIC DEVELOPMENT CORPORATION



Staff Cost Allocation The Administration should ensure that contracts for services with the Economic Development Corporation reflect the actual staffing costs for each project.



Funding for Corridors The Administration should appropriate $25,000 for corridor improvements.



PLANNING AND NEIGHBORHOOD DEVELOPMENT DEPARTMENT: PARKING AND TRAFFIC OFFICE



Genesee Neighborhood Redesign Project The Police Department, Code Compliance and Transportation should continue working with the Genesee Neighborhood to resolve the re-design project that was implemented in the summer of 2003.



Traffic Calming The Council will establish a one-year moratorium on the implementation or adoption of new traffic calming plans to permit the Administration to submit its evaluation of the effectiveness of the traffic calming plans that have been implemented and the various devices that have been installed.



POLICE DEPARTMENT



Allocate Overtime for Zero Tolerance Areas The Administration should earmark sufficient overtime funds for patrol officers to address problem solving to help stem crime in zero tolerance areas, such as Arbor Pointe. The council recommends that overtime funds should not be taken from the current overtime budgeted line item.



Police-Community Relations The Department should continue to work to improve police-community relations and reaffirm the city's commitment to ensure equality and freedom for all people regardless of race, religion, sexual preference, or gender.



Expedite Hiring Process The Administration needs "front load" positions for the LPD to ensure that all critical positions are filled at all times. These positions are to be filled at all times even if it is on a temporary basis due to officers retiring or being called for reserves.



Training Budget Because of the nature of the police department, there is always a need for training. The budget needs to reflect increases to assure that our officers have all the training to meet the every changing roll of policing. Along with targeted increases we request that the administration review the possibility of a permanent training building.



Police Vehicles Reserve As the City goes through the rotation of providing new police cars, the Administration should also provide the cars with new equipment, especially computers.



Police Precincts The Council requests that prior to the final budget preparation the Mayor adopt the upcoming recommendations from the Council pertaining to the North and South Precincts.

PUBLIC SERVICE DEPARTMENT



Financing Infrastructure Maintenance and Repairs The administration should develop a new comprehensive plan to finance the continued maintenance and increased improvements to roads, sidewalks, and gravel roads throughout the City.



Noise Barrier Along US-127 The Administration should continue to play an active role to require the Michigan Department of Transportation to install a Noise Barrier along US-127 in the Groesbeck area if it is determined that one is needed; investigate noise levels on Saginaw and Oakland from Marshall St. to US 127; and install traffic signals at Fairview and Saginaw St. and at Tecumseh River Drive and Grand River Avenue.



Staffing Needs The Departments should be properly staffed to carry out its required responsibilities especially for snow removal, CSO construction, maintenance of roads, sidewalks, alleys and gravel streets.



Need for Antique Lighting Fixtures The Administration needs to provide Council a systematic plan, a priority listing of the areas, and the capital and operational costs and sources of funding for replacing existing light fixtures throughout the City. The priority listing should include Michigan Avenue from Sparrow to US 127, South Washington Avenue from I-496 to Baker Street, and Capitol Avenue from Allegan to I-496.



Oversight of Contractors The administration should maintain stronger oversight of contractors on construction projects and at staging areas to ensure appropriate clean up and restoration of the sites. The Public Service Department shall report to Council on citizen complaints and their disposition on a bi-monthly basis.



By Councilmember Bauer



To accept a substitute for the resolution originally contained in the Council packet, and to place an affirmative roll on the substitute resolution



Carried Unanimously



COMMITTEE REPORTS



RESOLUTION #0498

COMMITTEE ON DEVELOPMENT AND PLANNING

COMMITTEE REPORT

OCTOBER 13, 2003



The Committee reviewed Z-8-03, the request by the Lansing Housing Commission to rezone the property at 3117 S. MLK from "A" Residential to "DM-1" Residential District to permit the construction of a senior citizen complex consisting of five 6-unit buildings. The Planning Board determined that the "DM-1" Residential zoning designation would be compatible with the surrounding land uses and consistent with the Southeast Area Comprehensive Plan. The Board also had concluded that the proposed development would be vastly improved by making much less intensive that the previous 67 mobile homes.



The Committee recommends approval of Z-8-03.



By Councilmember Allen

Carried Unanimously





RESOLUTION #0499

COMMITTEE ON DEVELOPMENT AND PLANNING

COMMITTEE REPORT

OCTOBER 13, 2003



The Committee reviewed Z-4-03, the request by Ferris Development to rezone 1129 and 1313 Mary Street from "J" Parking District, "DM-4" and "A" Residential Districts to "DM-1" and "A" Residential Districts. The applicant would demolish the adult care facility o the site and construct six, 8-unit multiple family residential buildings, down from the original proposal of three, 20-unit buildings. The rezoning to "A" and "DM-1" would result in an overall reduction in potential density for the area. The applicant has worked with the neighbors to resolve the concerns that had been raised. The Planning Board voted 6-0 to approve the request on July 15, 2003.



The Committee recommends approval of Z-4-03.



Sandy Allen, Chair



By Councilmember Allen



Carried Unanimously



ORDINANCES FOR INTRODUCTION



There were no Ordinances for introduction



ORDINANCES FOR PASSAGE



BY COUNCILMEMBER ALLEN



That we move to the passage of Ordinances



Carried Unanimously



BY COUNCILMEMBER ALLEN



That the Ordinance when read by it's title for a second time, be considered as read in full



Carried Unanimously



BY THE COMMITTEE ON DEVELOPMENT AND PLANNING



BY COUNCILMEMBER ALLEN



Resolved by the City Council of the City of Lansing that the Ordinance providing that the Code of Ordinances, City of Lansing, Michigan, be amended by providing for the rezoning of a parcel of property located in the City of Lansing, Michigan, and for the revision of the district maps adopted by Section 1246.02 of the Code for property located at Z-8-2003; 3117 S. Martin Luther King Jr. Blvd., be placed on order of immediate passage.



BY THE COMMITTEE ON DEVELOPMENT AND PLANNING



BY COUNCILMEMBER ALLEN



Resolved by the City Council of the City of Lansing that the Ordinance providing that the Code of Ordinances, City of Lansing, Michigan, be amended by providing for the rezoning of a parcel of property located in the City of Lansing, Michigan, and for the revision of the district maps adopted by Section 1246.02 of the Code for property located at Z-8-2003; 3117 S. Martin Luther King Jr. Blvd, be now passed.



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

NAYS: None



ABSENT:None



By Councilmember Allen



That this Ordinance, being necessary for the immediate preservation of the public peace, health or safety shall take effect upon it's passage



Carried Unanimously



ORDINANCE #O2491

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THE REZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF LANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPS ADOPTED BY SECTION 1246.02 OF THE CODE OF ORDINANCES.



The City of Lansing ordains:



Section 1. That the district maps adopted by and incorporated as Section 1246.02 of the Code of Ordinances of the City of Lansing, Michigan be amended to provide as follows:



To change the zoning classification of the property described as follows:



Case Number: Z-8-2003

Parcel Number: PPN: 33-01-01-29-476-032

Legal Description: Commencing INTN E line S Logan St/M-99 & S line Logancrest Subdivision, Thence E 936.2 Ft, S 245 Ft to N Line Southland Plaza Subdivision, W 515 Ft, N 95 Ft, W 150 Ft, N 100 Ft, W 270.1 Ft to E Line M-99, NW'LY 50.01 Ft to Beginning; Section 29 T4N R2W, City of Lansing, Ingham County, Michigan, from "A" Residential District to "DM-1" Residential District.



Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed.



Section 3. This ordinance shall take effect thirty (30) days from its passage unless given immediate effect by the City Council.



Given immediate effect by motion of Councilmember Allen



DEBBIE MINER, CITY CLERK BY COUNCILMEMBER ALLEN



That the Ordinance when read by it's title for a second time, be considered as read in full



Carried Unanimously



BY THE COMMITTEE ON DEVELOPMENT AND PLANNING



BY COUNCILMEMBER ALLEN



Resolved by the City Council of the City of Lansing that the Ordinance providing that the Code of Ordinances, City of Lansing, Michigan, be amended by providing for the rezoning of a parcel of property located in the City of Lansing, Michigan, and for the revision of the district maps adopted by Section 1246.02 of the Code for property located at Z-4-2003; 1129 and 1313 Mary, be placed on order of immediate passage.



BY THE COMMITTEE ON DEVELOPMENT AND PLANNING



BY COUNCILMEMBER ALLEN



Resolved by the City Council of the City of Lansing that the Ordinance providing that the Code of Ordinances, City of Lansing, Michigan, be amended by providing for the rezoning of a parcel of property located in the City of Lansing, Michigan, and for the revision of the district maps adopted by Section 1246.02 of the Code for property located at Z-4-2003; 1129 and 1313 Mary, be now passed.



By Councilmember Meyer



To recess this meeting of the Lansing City Council for 5 minutes



ADOPTED BY THE FOLLOWING VOTE:



YEAS: Councilmembers Allen, Bauer, Leeman, Meyer, Smith, Williams



NAYS: Councilmembers Jeffries, Wood



By Councilmember Smith



That the consideration of this ordinance be referred back to the Committee on Development and Planning



Carried Unanimously



The Council meeting recessed at 10:00 P.M.



The Council meeting reconvened at 10:10 P.M.



REFERRED BACK TO THE COMMITTEE ON

DEVELOPMENT AND PLANNING

BY MOTION OF COUNCILMEMBER SMITH



AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THE REZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF LANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPS ADOPTED BY SECTION 1246.02 OF THE CODE OF ORDINANCES.



The City of Lansing ordains:



Section 1. That the district maps adopted by and incorporated as Section 1246.02 of the Code of Ordinances of the City of Lansing, Michigan be amended to provide as follows:



To change the zoning classification of the property described as follows:



Case Number: Z-4-2003

Parcel Number: PPN: 33-01-01-32-252-062/101

Legal Description: Lots 6 through 14, inclusive, and the west 66 feet of Lot 15 of Brierley Hill Subdivision, City of Lansing, Ingham County, Michigan, from "DM-4" Residential,"A" Residential & "J" Parking Districts to "DM-1" & "A" Residential Districts.



Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof are hereby repealed.



Section 3. This ordinance shall take effect thirty (30) days from its passage unless given immediate effect by the City Council.



LATE ITEMS



1. From Councilmember Bauer; Budget Resolution



ADOPTED AS RESOLUTION #0497

2. From Councilmember Allen; Committee Report and Ordinance for Z-4-03; 1129 and 1313 Mary



COMMITTEE REPORT ADOPTED AS RESOLUTION #0499, THE ORDINANCE WAS PULLED FROM THE AGENDA AND REFERRED BACK TO THE COMMITTEE ON DEVELOPMENT AND PLANNING



3. From Councilmember Wood; Special Ceremony, South Side Community Coalition Center



PRESENTED BY PETE CUNNINGHAM, DIRECTOR OF THE SOUTH SIDE COMMUNITY COALITION CENTER



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 minutes of Boards and Authorities placed on file in the City Clerk's Office



RECEIVED AND PLACED ON FILE



2. Letters from the Mayor re:



a. Recommendation regarding a request for Payment of a Service Charge in Lieu of Taxes (PILOT) from MHT Housing Inc. for property located at 601 Sadie Ct. (Hickory Woods)



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



b. Sale of Property; 1000 Block of W. Lenawee, sale of Thirteen Feet of property to the property owner at 1001 W. Lenawee



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



c. Brownfield Plan #15, 4924 S. Cedar, Cedar Petroleum Inc. Redevelopment Project



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



d. Brownfield Plan #16, 3512 S. Martin Luther King Jr. Blvd., Metro Ford Site Redevelopment Project



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



e. Brownfield Plan #17, 700 Hosmer St., Builders Plumbing & Heating Supply Redevelopment Project



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



f. Request for a Waiver of the Noise Ordinance filed by the State of Michigan, Department of Transportation (MDOT) to allow for construction of the Capitol Loop project



REFERRED TO GENERAL SERVICES



g. Appointment of Michael C. Murphy to the City of Lansing Employee Retirement Board for a Term to Expire June 30, 2004



REFERRED TO GENERAL SERVICES



h. Appointment of Marcel Mayberry to the Board of Zoning Appeals for a 3rd Ward Term to Expire June 30, 2004



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



i. Reappointment of Pete Kuhnmuench to the Capital Area Transportation Authority for an At-Large Term to Expire September 30, 2007



REFERRED TO THE COMMITTEE ON INTERGOVERNMENTAL RELATIONS



j. Reappointment of Marie Enriquez to the Memorial Review board, Term to Expire June 30, 2007



REFERRED TO GENERAL SERVICES



Carried unanimously



COMMUNICATIONS & PETITIONS



1. Letter from the from the State of Michigan Department of Consumer & Industry Services Liquor Control Commission providing a 15 day notice of an application from JKTK, Inc. requesting transfer of ownership of a 2003 SDD & SDM licensed business, located at 618 E. Kalamazoo from Akra Inc.



REFERRED TO GENERAL SERVICES



2. Letter of appreciation from Mike Rogers, U.S. Congressman to the City Council for contacting him regarding the reauthorization of the Transportation Equity Act of the 21st Century (TEA-21)



RECEIVED AND PLACED ON FILE



3. Letter from Attorney's regarding the proposal from Giving Tree Farm Inc. for PRD-02-03; North End of Westwood Ave., Petition for Planned Residential Development to allow for construction of 13 Condominium Units



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



4. Letter from Robert Bower, Director of Giving Tree Farm Inc. regarding the proposed Planned Residential Development for Condominiums at the end of Westwood



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



5. Invoice from Patrick E. Lindemann, Ingham County Drain Commissioner for Tollgate Drain Assessment for the 2000-2003 Maintenance Roll in the amount of $37,755.23



REFERRED TO THE PUBLIC SERVICES DEPARTMENT AND REFERRED TO THE COMMITTEE ON INTERGOVERNMENTAL RELATIONS



6. Letter from CB Richard Ellis regarding Z-9-03; SW Corner of Cedar and Oakland, Petition for Rezoning from "C" Residential to "E-2" Local Shopping District



REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE



7. Request for recognition of Non-Profit Status; Michigan Equality Education Fund Inc. of P.O. Box 13133, Lansing



REFERRED TO GENERAL SERVICES AND REFERRED TO THE CITY ATTORNEY



8. Financial Report on Community Use Funds from Michigan Pride Inc. for their Pride March, Rally and Festival held on June 14, 2003



REFERRED TO GENERAL SERVICES





9. Letter from Gregory Rivet of 3326 Christine Dr. requesting a pedestrian cross walk at the intersection of Kalamazoo and Cherry St.



REFERRED TO THE MAYOR REFERRED TO THE PUBLIC SERVICE DEPARTMENT AND REFERRED TO THE COMMITTEE ON PUBLIC SAFETY AND REFERRED TO THE DEVELOPMENT AND PLANNING COMMITTEE AND REFERRED TO THE TRAFFIC BOARD



COUNCILMEMBERS COMMENTS



Councilmember Bauer thanked everyone who participated in the Westside Home Tour. She said it was a beautiful event and it is a great fundraiser for the Advent House and a wonderful way to showcase one of our great neighborhoods in Lansing.



Councilmember Williams commented on the two young children who came up missing from his neighborhood and how proud he was to see the neighborhood pull together. He said it was a good feeling to know that when one of us has a problem. we pull together and that is why he loves this City. The missing children were found this morning.



City Clerk Miner said the City has been fortunate in attracting the services of a New Elections Coordinator Bruce Utter who started in the Clerk's office today. Bruce comes to us from 18 years as the elections assistant at the Ingham County Clerk's Office and is uniquely qualified for this position. Please come down and say hello and welcome him.



Councilmember Allen said she is surprised that he left the County but is delighted to have him come work for City.



Councilmember Leeman thanked the administration and the EDC for bringing forward Brownfield Plan #17 for Builders Plumbing & Heating Supply on Hosmer St. He said Saturday, Connie Doyle from Fabulous Acres had an MSU student to go into neighborhoods and clean up alleys and she went out of her way feed the students for helping. Priscilla Homes also had an MSU student and Habitat for Humanity come and help paint the Kwast Bakery on S. Washington. The Rescue Mission had their dinner Saturday night. It was very successful and it was quite enlightening to hear Ernie Harwell tell stories.



Councilmember Smith said the event at the Rescue Mission on Saturday night was nice and Charlene Decker honored them with her presence.



MAYOR'S EXECUTIVE ASSISTANT'S

COMMENTS



David Wiener, Executive Assistant to Mayor Benavides, said the Emergency Management System is holding a series of meetings starting tomorrow, October 14, 2003. There will be six training classes to develop a community emergency response team which is a federal funded training program. The public is welcomed and it is free but you have to register. The first class is at Fire Station #8 on Marshall St. beginning at 6:00 P.M. if you have any questions 483-4110



ADJOURNED TIME 10:30 P.M.

DEBBIE MINER, CITY CLERK