lansing (mi) city council info packet for nov. 29, 2010

REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LANSING, MICHIGAN

CITY COUNCIL CHAMBERS, 10TH FLOOR LANSING CITY HALL

124 W. MICHIGAN AVENUE

AGENDA FOR NOVEMBER 29, 2010 TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:

The following items were listed on the agenda in the City Clerk's Office by 12:00 p.m. on Wednesday, November 24, 2010, in accordance with Section 3-103(2) of the City Charter and will be ready for your consideration at the regular meeting of the City Council on Monday, November 29, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.

I. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of November 15, 2010

IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule #9 is needed to allow consideration of late items. Late items will be considered as part of the regular portion of the meeting to which they relate.)

V. TABLED ITEMS)

VI. SPECIAL CEREMONIES

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of event – 1 minute limit)

IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS)

XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the following items on the agenda: public hearings, resolutions, ordinances for introduction, and ordinances for passage. The public may comment for up to three minutes. Speakers must sign up on white form.)

XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

1

2

B. CONSENT AGENDA

1. BY THE COMMITTEE ON GENERAL SERVICES

a. Approval of a request from Gavrilides Management Company LLC (Soup Spoon Café) for a New Class C License to be issued under MCL 436.1521A(1)(B) with Entertainment Permit, to be located at 1419 & 1421 E. Michigan Ave.

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

1. BY COUNCIL MEMBER WOOD, CHAIR OF THE COMMITTEE ON PUBLIC SAFETY

a. Introduction of an Ordinance of the City of Lansing to Add Chapter 876 to the Lansing Codified Ordinances by imposing a moratorium on the issuance of permits or licenses for medical marihuana establishments, and setting a Public Hearing for December 6, 2010

F. ORDINANCES FOR PASSAGE

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS

XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS AND PETITIONS; AND OTHER CITY RELATED MATTERS (Motion that all items be considered as being read in full and that the proper referrals be made by the President)

1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

a. Letters from the City Clerk submitting:

i. A request from Brannigan Brothers Restaurants & Taverns, LLC to Transfer all Interest in 2009 Class C Licensed Business with Dance-Entertainment Permit, located at 210 S. Washington Sq., Lansing, MI 48933, Ingham County, Wherein Michael J. Brogan Transfers 100% Interest to New Member, Douglas J. Nylander

ii. A request from Gavrilides Management Company LLC (Soup Spoon Café) for a New Class C License to be issued under MCL 436.1521A(1)(B) with Entertainment Permit, to be located at 1419 & 1421 E. Michigan Ave.

b. Letters from the Mayor re:

3

i. Appointment of Patricia Spitzley to the Park Board for an At-Large Term to Expire June 30, 2011

ii. Appointment of Frederick Sparrow to the Lansing Entertainment and Public Facilities Authority Board for an At-Large Term to Expire June 30, 2012

iii. Reappointment of Robert Traub to the Income Tax Board of Review for an At-Large Term to Expire June 30, 2014

iv. Appointment of Michael DeMartelaere to the Income Tax Board of Review for an At-Large Term to Expire June 30, 2014

v. Appointment of Kenneth Salzman to the Income Tax Board of Review for an At-Large Term to Expire June 30, 2014

vi. Withdrawal of Appointment of Shatina Clinton to the Park Board for an At-Large Term to Expire June 30, 2014

vii. ACT-25-08; Holmes Rd. and Pleasant Grove Rd., Acquisition of Easements

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Affidavits of Disclosure submitted by:

i. Elizabeth Rice of the Lansing Police Department

ii. Danielle French of the Lansing Police Department

b. Letters in support of an Ordinance of the City of Lansing to Add Chapter 876 to the Lansing Codified Ordinances by imposing a moratorium on the issuance of permits or licenses for medical marihuana establishments submitted by:

i. Thomas Krug, Executive Director of Lodge #141, Fraternal Order of Police

ii. Lewton-Rich Neighborhood Association

c. Letter from John Pollard of 1718 Blair St. submitting documents related to the denial of a Freedom of Information Act (FOIA) request

d. Letter from Dr. Mark Spagnuolo of 1724 Old Mill Rd., East Lansing, regarding a claims appeal

XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

4

XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government related matters are issues or topics relevant to the operation or governance of the city. The public may comment for up to three minutes. Speakers must sign up on yellow form.)

XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

Persons with disabilities who need an accommodation to fully participate in this meeting should contact the City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain accommodations. An attempt will be made to grant all reasonable accommodation requests.

THIS ITEM

NOT AVAILABLE

AT THE TIME OF PRINT

INTRODUCTION OF ORDINANCEADD CHAPTER 876

Council Member Wood, Chair of the Committee on Public Safety introduced:

An Ordinance of the City of Lansing, Michigan, to Add Chapter 876 to the LansingCodified Ordinances by imposing a moratorium on the issuance of permits or licensesfor medical marihuana establishments

The Ordinance is referred to the Committee on Public Safety

RESOLUTION SETTING PUBLIC HEARINGBy Council Member Wood

RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be setfor Monday, December 6, 2010 at 7:00 p.m. in the City Council Chambers, 10th FloorLansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan, to Add Chapter 876 to the Lansing CodifiedOrdinances by imposing a moratorium on the issuance of permits or licenses formedical marihuana establishments.

Interested Persons are invited to attend this Public Hearing

PUBLIC SAFETY DRAFT #1NOVEMBER 15, 2010

1

ORDINANCE NO.

2

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO ADD CHAPTER

3 876 TO THE LANSING CODIFIED ORDINANCES BY IMPOSING A MORATORIUM ON

4 THE ISSUANCE OF PERMITS OR LICENSES FOR MEDICAL MARIHUANA

5 ESTABLISHMENTS.

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,

8

Michigan, to read as follows:

9 CHAPTER 876. MEDICAL MARIHUANA ESTABLISHMENTS

10 876.01. LEGISLATIVE FINDINGS

11 THE CITY COUNCIL HAS DETERMINED THAT:

12 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT

13 EXPLICITLY ADDRESS THE OPERATION OF MEDICAL MARIHUANA

14 ESTABLISHMENTS.

15 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING

16 THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION.

17 (c) THE CITY IS DILIGENTLY STUDYING ITS OPTIONS WITH RESPECT TO

18 REGULATION OF OTHER ACTIVITY RELATING TO THE MICHIGAN MEDICAL

19 MARIHUANA ACT, WHICH REQUIRES CAREFUL CONSIDERATION OF T

20 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOTHE CITY.

21 (d) A MORATORIUM ON NEW MEDICAL MARIHUANA ESTABLISHMENTS UNTIL

22 THE CITY HAS COMPLETED ITS STUDY OF THE MICHIGAN MEDICAL MARIHUANA

1S: \Attomey_Staff\ORDINANCES \Medical Marihuana\Moratorium\MM MORATORIUM 876 PS D#1

11.15.10.doc

. PUBLIC SAFETY DRAFT #1NOVEMBER 15, 2010

1 ACT AND ITS IMPLICATIONS FOR THE CITY IS IN THE BEST INTEREST OF THE

2 PUBLIC HEALTH, SAFETY, AND WELFARE.

3 876.02. DEFINITIONS

4 (1) ANY TERM DEFINED BY THE MIC

MEDICAL MARIHUANA ACT, MCL

333.26421 ET SEQ., SHALL HAVE THE MEANING GIVEN IN THE MICHIGAN MEDICAL

MARIHUANA ACT.

7 (2) "MEDICAL MARIHUANA ESTABLISHMENT" MEANS ANY NONRESIDENTIAL

LAND USE INVOLVING THE GROWTH, DISTRIBUTION, STORAGE, OR USE OF

9 MARIHUANA.

10 876.03. PERMIT REQUIRED

11 NO PERSON SHALL BEGIN OPERATING A MEDICAL MARIHUANA ESTABLISHMENT

12 AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ORDINANCE WITHOUT FIRST

13 HAVING OBTAINED A PERMIT TO DO SO FROM THE CITY CLERK'S OFFICE.

14 876.04. MORATORIUM

15 THE CITY CLERK SHALL NOT ISSUE ANY PERMIT UNDER THIS CHAPTER UNTIL

16 SUCH TIME AS AN ORDINANCE REGULATING MEDICAL MARIHUANA

17 ESTABLISHMENTS HAS BEEN ADOPTED TO SUPERSEDE IT.

18

Section 2. All ordinances, resolutions or rules, parts of ordinance 4resolutions or rules

19 inconsistent with the provisions hereof are hereby repealed.

20

Section 3. Should any section, clause or phrase of this ordinance be declared to be

21

invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

22 other than the part so declared to be invalid.

2'S:\Attorney_Staff ORDINANCES\Medical Marihuana\Moratoriuni\MM MORATORIUM 876 PS D#1

11.15.10.doc

PUBLIC SAFETY DRAFT #1NOVEMBER 15, 2010

1

Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

7 immediate effect by City Council.

Approved as to form:346789

1011

City AttorneyDated:

13S:\Attorney_Staff\ORDINANCES\Medical Marihuana\Moratorium\MM MORATORIUM 876 PS D#1

11.15.10.doc

Chris SwopeLansing City Clerk

November 23, 2010

City Council President and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933

Dear Council Members:

The attached application for a permit/license has been submitted to the City Clerk'sOffice, and is being forwarded for your consideration and appropriate action:

A request from Brannigan Brothers Restaurants & Taverns, LLC to Transfer allInterest in 2009 Class C Licensed Business with Dance-Entertainment Permit,located at 210 S. Washington Sq., Lansing, MI 48933, Ingham County, WhereinMichael J. Brogan Transfers 100% Interest to New Member, Douglas J. Nylander

Please note that is request had been previously denied by the Lansing TreasuryDepartment and is now considered for approval.

Sincerely,

Chris Swope, CMCLansing City Clerk

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 o 517-377-0068 FAXclerk.cityoflansingmi.com [email protected]


REPORT ON APPLICATION FOR:

ACTION

TYPE OF LICENSETransfer Ownership

•

Class C^ Transfer Location ❑ SDD• Add Partner ❑ SDM• Drop Partner ❑ Tavern^ Other: Transfer All Interest ❑ Other:

Applicant:Doug Nylander

517-896-49842775 Walnut GroveGrand Ledge, MI 48837

THE REQUEST: BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLC TO TRANSFER ALLINTEREST IN 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT,LOCATED AT 210 S. WASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN MICHAEL J.BROGAN TRANSFERS 100% INTEREST TO NEW MEMBER, DOUGLAS J. NYLANDER

Signature & Date

Clerk Received Date

Chief of Police 7. 0--/0

City Treasurer /I-2i) --/d

Ke,

Date to City Council I/ -a I - /dFEE PAID

$200.00 DATE PAID 7-20-2010 TO DEPARTMENTS 720-2010

If you have any questions, please contact Kevin at: 483-4135. Thank you.Lansing City Clerk's Office

Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695517-483-4131 $ 517-377-0068 FAX

clerk.cityoflansingmi.com $ [email protected]

'PLEASE RETURN'THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE'

FAX 377-0068


517-483-4131 $ 517-377-0068 FAXclerk.cityoflansingmi.com $ [email protected]

(7/20/2010) Doug Chambers -Brannigan DeptsyApproval Request.docm..A-^:^^ ^:.^-:w:,::;.:.,:::::^::;:^^<•:^::::,:.^ ::rte..-^^-:s•..^,

Page 1^

n

RECEIVEDLU N'22 P1

32

Chris Swop '̂e `I"4_:.o

Lansing City Clerk


TYPE OF LICENSE■ Class C❑ SDD❑ SDM❑ Tavern- - --

Other: Transfer All Interest

❑

Other:



THE REQUEST: BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLCITO TRANSFER ALL-'INTEREST IN 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT,' ...LOCATED AT 210 S. WASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN MICHAELJ. BROGAN TRANSFERS 100% INTEREST TO NEW MEMBER, DOUGLAS J. NYLANDER

Signature & Date

Clerk Received Date

Chief of Police

//City Treasurer iL u, 4

I a (/9

^^(^'Ib

Date to City Council

FEE PAID

$200.00 DATE PAID 7-20-2010 TO DEPARTMENTS 7-20-2010




ACTION❑ Transfer Ownership❑ Transfer Location❑ Add Partner❑ Drop Partner

(7/20/2010) Doug Chambers - Brannigan Depts Approval Request doc___ M Page

*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE*

FAX 377-0068



(7/20/2010) Christopher Devlin - Brannigan Depts Approval Request doc

Page 1


`v -, cn̂a

.C)

ACTION , TYPE OF LICENSE* Transfer Ownership

■ Class C* Transfer Location

* SDD* Add Partner

* SDMDrop Partner

* TavernOther: Transfer All Interest

* Other:



THE REQUEST: BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLC TO.TRANSFER ALLINTEREST IN 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT,LOCATED AT 210 S. WASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN MICHAELJ. BROGAN TRANSFERS 100% INT : EST TO NEW MEMBER, DOUGLAS J. NYLANDER

Clerk Received Date

City Treasurer


FEE PAID


If you have any questions, please contact Kevin at: 483-4135. Thank you.




rnl

(7/20/2010) Christopher evin- Brannigan Depts Approval eques.oc

ace .i

*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE*

FAX 377-0068




July 22, .2010

Doug Nylander2775 Walnut GroveGrand Ledge, MI 48837Lansing, MI 48911

Dear Mr. Nylander:

This letter is to inform you that your application from Brannigan Brothers Restaurants &Taverns, LLC to Transfer all Interest in 2009 Class C Licensed Business with .Dance-Entertainment Permit, located At 210 S. Washington Sq., Wherein Michael J. BroganTransfers 100% Interest to New Member, Douglas J. Nylander has been recommended fordenial by the Treasurer's Office (see attached letter).

You may contact Susan Topping in the Treasurer's Office at (517) 483-6013 for furtherinformation.

Please notify my office when the issues raised in the letter from the Treasurer's Office havebeen resolved.

Sincerely

cc: Lansing City Treasurer

Enc.



CITY OF LANSINGCITY TREASUREY / INCOME TAX DIVISION

First Floor, City Hall124 W. Michigan Ave.Lansing, MI. 48933

(517) 483-4121FAX (517) 483-6084

7/21/2010

To:

Lansing City Clerk, Chris Swope

cr.)

From:

Lansing Treasury

Re:

Application for, Transfer All InterestBrannigan Brothers Restaurant & Tavern LLC

Recommendation: Denied

1. Brannigan Brothers Restaurant & Tavern LLC has failed to submit employeewithholding taxes to the City of Lansing for years 2009 & 2010.

2. Branigan Brothers Restaurant & Tavern LLC has failed to file corporate or partnershipor Schedule C from owner (Michael Brogan) L-1040 personal income tax return for years2007, 2008 & 2009.

Note; Michael Brogan has failed to file L-1040 income tax returns with the Cityof Lansing for years 2007, 2008 & 2009.

toma Kr us

Douglas ChambersTreasurer

Treasury Investigator

7/20/2010) Doug Chambers Brannigan Depts Approval Request doc

Page 1'



ACTION

TYPE OF LICENSE❑ Transfer Ownership

■ Class C❑ Transfer Location

❑ SDD❑ Add Partner

❑ SDM❑ Drop Partner

❑ Tavern- -.

■ Other: Transfer All Interest Other: -


517-896-49842775 Walnut Grove

-Grand Ledge, MI 48837

THE REQUEST: `BRANNIGAN BROTHERS RESTAURANTS & TAVERNS,. LLCITO TRANSFER ALL--INTEREST IN 2009" ,-CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT;'-.

LOCATED AT 210 SWASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN MICHAELJ. BROGAN TRANSFERS 100% INTEREST TO NEW MEMBER, DOUGLAS J. NYLANDER

Signature & Date

Clerk Received Date

Chief of Police

City Treasurer


FEE PAID





(7/20/2010) Doug Chambers Brannigan Depts Approval Request.doc

Page 2

*PLEASE RETURN THIS FORM TO KEVIN REEVES IN THE CITY CLERK'SOFFICE* .

FAX 377-0068


517-483-4131 $ 517-377-0068 FAXclerk.cityotlansingmi.corn $ [email protected]


July 14, 2010

Michael Brogan5530 Timberland, Apt. B-8East Lansing, MI 48823

RE: BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLC TO TRANSFER ALL'INTEREST IN2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT210 S. WASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN MICHAEL J.BROGAN TRANSFERS 100% INTEREST TO NEW MEMBER, DOUGLAS J. NYLANDER

Dear Applicant:

Please be advised that we are in receipt of the above referenced communication from the LiquorControl Commission.

To begin the City's review process, please remit $200.00 to the Lansing City Clerk to coverapplicable fees for necessary investigations, inspections and council action. For this particular case,the following administrative approvals are required:

DEPARTMENT CONTACT PERSON PHONE #

Lansing Police Chris Devlin 483-4633City Treasurer Doug Chambers 483-4119

Feel free to contact these offices to check on the status of your request at any time after payment ofthe above fee.

Once these approvals are returned to the City Clerk's Office, the matter will be placed on the Councilagenda for referral to the General Services Committee. The committee will review your applicationand prepare a report back to the Council. The Council will then vote on the resolution, after whichthe resolution is mailed to the Liquor Control Commission or picked up for hand delivery.

We hope this information is helpful. Feel free to contact our office at 483-4131 if you haveany questions about the fee or approval process at the local level.

Kevin Reeves, Chief Deputy City Clerk


517-483-4131 ❑ 517-377-0068 FAXclerk.cityoflansingmi.com ❑ [email protected]


May 17, 2010

Douglas J. Nylander2775 Walnut Grove StreetGrand Ledge, MI 48837

RE: BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLC TO TRANSFER ALL INTEREST IN2009 CLASS C.LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT210 S. WASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN MICHAEL J.BROGAN TRANSFERS 100% INTEREST TO NEW MEMBER, DOUGLAS J. NYLANDER

Dear Applicant:

Please be advised that we are in receipt of the above referenced communication from the LiquorControl Commission.

To begin .the City's review process, please remit $200.00 to the Lansing City Clerk to coverapplicable fees for necessary investigations, inspections and council action. For this particular case,the following administrative approvals are required:

DEPARTMENT CONTACT PERSON PHONE #

Lansing Police Chris Devlin 483-4633City Treasurer Doug Chambers 483-411 9

Feel free to contact these offices to check on the status of your request at any time after payment ofthe above fee.

Once these approvals are returned to the City Clerk's Office, the matter will be placed on the Councilagenda for referral to the General Services Committee. The committee will review your applicatiohand prepare a report back to the Council. The Council will then vote on the resolution, after whichthe resolution is mailed to the Liquor Control Commission or picked up for hand delivery.

We hope this information is helpful. Feel free to contact our office at 483-4131 if you haveany questions about the fee or approval process at the local level.

Sincerely,

Kevin Reeves, Chief Deputy City Clerk


517-483-4131 o 517-377-0068 FAXclerk.cityoflansingmi.com o [email protected]

FOR MLCC USE ONLY

Request ID # 555949

Business ID # 138725

per! 5-(' -JV

'Michigan f

irtment of Energy, Labor & Economic GrowthMICHIGAN LIQUOR CONTROL COMMISSION (MLL,J

7150 Harris Drive, P.O. Box 30005Lansing, Michigan 48909-7505

LOCAL APPROVAL NOTICE[Authorized by MCL 436.1501]

March 18, 2010

TO: LANSING CITY COUNCILATTENTION CLERK124 WEST MICHIGAN AVENUELANSING, MI 48933-1694

APPLICANT: BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLC

The MLCC cannot consider the approval of an application for a new or transfer of an on-premiseslicense without the approval of the local legislative body pursuant to the provisions of MCL 436.1501of the Liquor Control Code of 1998. For your information, local legislative bodyapproval is also required for DANCE, ENTERTAINMENT, DANCE-ENTERTAINMENT ANDTOPLESS ACTIVITY.PERMITS AND FOR OFFICIAL PERMITS FOR EXTENDED HOURS FORDANCE AND/OR ENTERTAINMENT pursuant to the provisions of MCL 436.1916 of the LiquorControl Code of 1998.::

For your convenience a resolution form is enclosed that includes a description of the licensingapplication requiring consideration of the local legislative body. The clerk should complete theresolution certifying that your decision of approval or disapproval of the application was. made at anofficial meeting. Please return the completed resolution to the MLCC as soon as possible.

If you have any questions, please contact Unit 3 of the Retail Licensing Division at (517) 636-0204.

PLEASE COMPLETE ENCLOSED RESOLUTION AND RETURNTO THE LIQUOR CONTROL COMMISSION AT ABOVE ADDRESS

Home Address and Telephone No. or Contact Address and Telephone No.:DOUGLAS J. NYLANDER, 2775 WALNUT GROVE STREET, GRAND LEDGE, MI 448837H (517)627-7826/B(517)896-4984

c-nCD

7

'-I

sfs

Request ID # 555942

RESOLUTION

At a meeting of the(Regular or Special)

(Township Board, City or Village Council)

called to order by on at P.M.

The following resolution was offered:

Moved by ; and supported by

That the request from BRANNIGAN BROTHERS RESTAURANTS & TAVERNS, LLC TO TRANSFER ALL INTERESTIN 2009 CLASS C LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, LOCATED AT 210 SWASHINGTON, LANSING; MI 48933, INGHAM COUNTY, WHEREIN. MICHAEL J. BROGAN TRANSFERS 100%INTEREST TO NEW MEMBER, DOUGLAS J. NYLANDER.

be considered for

(Approval or Disapproval)

APPROVAL

DISAPPROVAL

Yeas:

Yeas:

Nays: Nays:

Absent: Absent:

It is the consensus of this legislative body that the application be:

for issuance(Recommended or Not Recommended)

State of Michigan

County of

I hereby certify that the foregoing is a true and complete copy of a resolution offered and

adopted by the at a (Townshipoard, City or Village Council)

(Regular or Special)

meeting held on(Date)

(Signed)(Township, City or Village Clerk)

SEAL

(Mailing address of Township, City or Village)

LC•1305 (Rev. 08/2006)Authority: MCL 436.1501Completion: MandatoryPenalty: No License

The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americanswith Disabilities Act, you may make your needs known to this agency.

DIVISION

CITY:OE'LANISINGMICHIGAN

RECEIVED -OF

,.x:J 'DOLLARS

/

AND

62 9 3DATE / -2'

z^» 6-$

$20 (2

`GEES

' z9

6

THOR3ED AGENT

CREDIT

AMOUNT. .

THIS ITEM

NOT AVAILABLE

AT THE TIME OF PRINT

L ;

Virg Bernero, Mayor

OFFICE OF THE MAYOR9th Floor, City Hall

124 W. Michigan AvenueLansing, Michigan 48933-1694

(517) 483-4141 (voice). (517) 483-4479 (TDD)

(517) 483-6066 (Fax)

TO:

City Council President A'Lymne Robinson and Council Members

FROM:

Mayor Virg Bemero

DATE:

November 23, 2010

RE:

Resolution-At-Large appointment of Patricia Spitzley, 2622 Victor Lane, Lansing,MI 48911 to the Park Board for a term to expire Jime 30, 2011.

The attached correspondence is forwarded for your review and appropriate action.

. VB/rhAttachment

"Equal Opportunity Employer"

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

Council President A'Lynne Robinson andCity Council. Members10t1i Floor City HallLansing, MI 48933

Dear President Robinson and City Council Members:

I herewith submit for your confirmation the At-Large appointment of Patricia Spitzley, 2622 VictorLane, Lansing, MI 48911 to the Park Board for a term to expire June 30, 2011. This nominee hasbeen vetted and meets the qualifications to serve on boards and commissions as required by the CityCharter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg BerneroMayor


Virg Bernero, Mayor

City of Lansing

Inter-DepartmentalMemorandum

To:

Virg Bernero, Mayor

From:

Joe McDonald, Community Outreach Coordinator

Subject:

Resolution-At-Large appointment of Patricia Spitzley, 2622 Victor Lane, Lansing, MI48911 to the Park Board for a term to expire June 30, 2011.

Date:

November 23, 2010

Please forward this resolution to City Council for placement on the Agenda.

If you have any questions, or need additional infonnation, please give me a call.

Attachments


BY THE RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Patricia Spitzley of 2622 Victor Lane,Lansing, MI 48911 to the At-Large position on the Parks Board fora term to expire June30, 2011.

WHEREAS, the Committee met on and took affirmativeaction;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirmsthe appointment of Patricia Spitzley of 2622 Victor Lane, Lansing, MI 48911.

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TOD)(517) 483-6066 (Fax)

TO:

City Council President A'Lyiuze Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

November 23, 2010

RE:

Resolution- At-Large appointment of Frederick Sparrow, 3727 David Lane,Lansing, MI 48911 to the Lansing Entertainment and Public Facilities Authorityfor a term to expire June 30, 2012.


VB/rhAttachment


Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

Council President A'Lynne Robinson andCity Council Membersl0d Floor City HallLansing, MI 48933


I herewith submit for your confirmation the At-Large appointment of Frederick Sparrow, 3727David Lane, Lansing, MI 48911 to the Lansing Entertainment and Public Facilities Authority for aterm to expire June 30, 2012. This nominee has been vetted and meets the qualifications to serve onboards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- At-Large appointment of Frederick Sparrow, 3727 David Lane, Lansing,MI 48911 to the Lansing Entertainment and Public Facilities Authority for a term toexpire June 30, 2012.

Date:

November 23, 2010


If you have any questions, or need additional information, please give me a call.

Attachments



WHEREAS, the Mayor made the appointment of Frederick Sparrow, 3727 David Lane, Lansing,MI 48911 to the Lansing Entertainment and Public Facilities Authority for a term to expire June30, 2012.

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Frederick Sparrow, 3727 David Lane, Lansing, MI 48911 to the LansingEntertainment and Public Facilities Authority for a term to expire June 30, 2012.

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

November 23, 2010

RE:

Resolution- Reappointment of Robert Traub, 2101 Ridgeline Drive, Lansing,MI 48912 as an At-Large member of the Income Tax Board of Review for aterm to expire June 30, 2014.


VB/rhAttachment


Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

Council President A'Lynne Robinson andCity Council Members10t1 Floor City HallLansing, MI 48933


I herewith submit for your confirmation the reappointment of Robert Traub, 2101 Ridgeline Drive,Lansing, MI 48912 as an At-Large member of the Income Tax Board of Review for a term to expireJune 30, 2014. This nominee has been vetted and meets the qualifications to serve on boards andconunissions as required by the City Charter.


Sincerely,

Virg BerneroMayor


Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

Council President A'Lynne Robinson andCity Council Members10t1i Floor City HallLansing, MI 48933


I herewith submit for your confirmation the At-Large appointment of Michael DeMartelaere, 3732Stratford Avenue, Lansing, MI 48.911 to the Income Tax Board of Review for. a term to expire June30, 2014. This nominee has been vetted and meets the qualifications to serve on boards andcommissions as required by the City Charter.




WHEREAS, the Mayor made the appointment of Reappointment of Robert Traub, 2101Ridgeline Drive, Lansing, MI 48912 as an At-Large member of the Income Tax Board ofReview for a term to expire June 30, 2014.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Reappointment of Robert Traub, 2101 Ridgeline Drive, Lansing, MI 48912 as anAt-Large member of the Income Tax Board of Review for a term to expire June 30, 2014.

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:


FROM:

Mayor Virg Bemero

DATE:

November 23, 2010

RE: Resolution- At-Large appointment of Michael DeMartelaere, 3732 StratfordAvenue, Lansing, MI 48911 to the Income Tax Board of Review for a teiui toexpire June 30, 2014.


VB/rhAttachment


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- At-Large appointment of Michael DeMartelaere, 3732 Stratford Avenue,Lansing, MI 48911 to the Income Tax Board of Review for a term to expire June 30, 2014.

Date:

November 23, 2010



Attachments


Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

Council President A'Lynne Robinson andCity Council Members10tli Floor City HallLansing, MI 48933


I herewith submit for your confirmation the At-Large appointment of Michael DeMartelaere, 3732Stratford Avenue, Lansing, MI 48911 to the Income Tax Board of Review for a term to expire June30, 2014. This nominee has been vetted and meets the qualifications to serve on boards andcommissions as required by the City Charter.


Sincerely,

Virg BerneroMayor



WHEREAS, the Mayor made the appointment of Michael DeMartelaere, 3732 Stratford Avenue,Lansing, MI 48911 to the Income Tax Board of Review for a term to expire June 30, 2014.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confinns theappointment of Michael DeMartelaere, 3732 Stratford Avenue, Lansing, MI 48911 to the IncomeTax Board of Review for a term to expire June 30, 2014.

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:


FROM:

Mayor Virg Bernero

DATE:

November 23, 2010

RE: Resolution- At-Large appointment of Kenneth Salzman, 1531 W. Ionia Street,Lansing, MI 48915 to the Income Tax Board of Review for a term to expire June 30,2014.


VB/rhAttachment


Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

Council President A'Lynne Robinson andCity Council Membersle Floor City HallLansing, MI 48933


I herewith submit for your confirmation the At-Large appointment of Kenneth Salzman, 1531 W.Ionia Street, Lansing, MI 48915 to the Income Tax Board of Review for a term to expire June 30,2014. This nominee has been vetted and meets the qualifications to serve on boards andcommissions as required by the City Charter.


Sincerely,

Virg BerneroMayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- At-Large appointment of Kenneth Salzman, 1531 W. Ionia Street,Lansing, MI 48915 to the Income Tax Board of Review for a term to expire June 30,2014.

Date:

November 23, 2010



Attachments


. BY THE RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING .

WHEREAS, the Mayor made the appointment of Resolution- At-Large appointment ofKenneth Salzman, 1531 W. Ionia Street, Lansing, MI 48915 to the Income Tax Board ofReview for a term to expire June 30, 2014.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Resolution- At-Large appointment of Kenneth Salzman, 1531 W. Ionia Street,Lansing, MI 48915 to the Income Tax Board of Review for a term to expire June . 30, 2014.

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

November 22, 2010

A'Lynne Robinson, PresidentLansing City Councill0 Floor City Hall124 W. Michigan AvenueLansing, MI 48933


Please be advised that I hereby withdraw the nomination of Shatina Clinton for appointment to thePark Board. Thank you for your attention to this matter.

Sincerely,

Virg BerneroMayor of Lansing


Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

'FO:


FROM:

Mayor Virg Bernero

DATE:

November 23, 2010

RE:

Resolution- Act-25-08, Holmes Road and Pleasant Grove Avenues -Acquisition of Easements


VB/rhAttachment


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:

Bill Rieske, Assistant Planning Manager

Subject:

CITY COUNCIL AGENDA ITEM - Acquire easements at Holmes and Pleasant Grove

Date:

November 23, 2010



Attachments


RESOLUTION NO. BY COMMITTEE ON DEVELOPMENT AND PLANNING

Act-25-08, Holmes Road and Pleasant Grove Avenues - Acquisition of Easements

WHEREAS, the Lansing Public Service Department wishes to obtain easements at all fourcorners of Holmes and Pleasant Grove Roads, for purpose of widening the intersection toaccommodate ADA compliant sidewalk ramps and new traffic signal poles; and

WHEREAS, the proposed easements will allow the Public Service Department to constructthese public amenities; and

WHEREAS, at its regular meeting on February 3, 2009, the Planning Board reviewed thelocation, character, and extent of the proposal, and found that:

• The location of the easements to be acquired are appropriate and necessary to improvesafety operations at the Holmes and Pleasant Grove intersection,

• The intersection improvements will have a positive impact on the character of the areaby making vehicular and pedestrian transportation much safer,

• The easements to be acquired are only of an extent necessary to accommodate newADA compliant sidewalks and updated traffic signals as part of the intersectionreconstruction project; and

WHEREAS, on February 3, 2009, the Board voted unanimously (6-0) to recommend approval ofAct-25-08, the request by the Public Service Department to obtain easements at all four cornersof Holmes and Pleasant Grove Roads; and

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

NOW THEREFORE, BE IT RESOLVED, that the Lansing City Council hereby approves Act-25-08, and the acquisition of the requested easements at all four corners of Holmes and PleasantGrove Roads;

BE IT FURTHER RESOLVED, the Lansing City Council hereby approves entering intoagreements for the purpose of acquiring easements on the following parcels:

• Parcel 1 (NW corner) - 33-01-01-30-480-072, for the sum of $1.00 plus landscapingimprovements with a value of up to $1500.

• Parcel 2 (NE corner) - 33-01-01-29-305-122, for the sum of $1.00 plus landscapingimprovements with a value of up to $1500.

• Parcel 3 (SE corner) - 33-01-01-32-101-001, for the sum of $1.00 plus landscapingimprovements with a value of up to $1500.

• Parcel 4 (SW corner) - 33-01-01-31-226-070, for the sum of $1.00 plus asphalt, curbingand landscaping improvements with a value of up to $1000.

BE IT FINALLY RESOLVED, that the administration, on behalf of the City, is hereby authorizedto sign and execute all documents to complete these transactions, subject to prior approval asto form and content by the City Attorney.

P:\OnBase\RESOLUTION Property Acquisition.doc

Page 1 of 1

Approved for placement on the City Council agenda:

Brigham Smith, City Attorney

CITY OF LANSINGAFFIDAVIT OF-DISCLOSURE

DATE: 1012-51201C

TO: CITY CLERK,CITY ATTORNEY, orBOARD OF ETHICS

I £\ g71_'0e R1C.e- make the following disclosure under oath:(Name)

PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THEFOLLOWING ITEMS

Yes N.

1. ❑

I am an ❑ elected or ❑ appointed ❑ officer or XI employee of the City ofLansing holding the position of C,crwri. I-e.C;\eNn\C\C `C°e in the

C)CaL.\C department

❑

>

I am an immediate family member related to an elected or appointedofficer or employee of the City of Lansing named holding the position of in thedepartment.

❑

t$

I am a Business Associate of an elected or appointed officer or employeeof the City of Lansing namedHolding the position of in theDepartment.

2.

❑

1 .

I may derive income or benefit directly from a contract with the City or fromany City action detailed below. (Charter 5-505.1)

I may have a conflict between a personal interest and the public interest,the nature of which is disclosed below (Charter 5-505.2) [Chapter#290.04(1) of the Code of Ordinances]

I may have a financial interest in a matter proposed to be acted upon bythe City of Lansing as described below [Chapter 290.04(1) of the CodeofOrdinances]

❑

❑

I make this disclosure because of a possible appearance that I may be inviolation of or in conflict with the City of Lansing Ethics Ordinance asprovided for in the Code or Ordinances and in the City Charter

3. This position is_ *Full time

Part time (less than 25 hours/wk)

❑ Unpaid

4.

My Address is:

5.

My Business (daytime) Phone # is:

CONTINUED ON PAGE 2

PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS6.

DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.

I hereby certify that this disclosure is complete and accurate to the best of my knowledge,information and belief.

The foregoing Affidavit of Disclosure was executed on this 25 day of,201o

o \'ego,ec cr 'arM^^ê1\de5rera o^.Côrnrn^^C1\ca'C' Nn e-chTiT, ' `n vrl.e-M .srhe. CI`

A$ the

AFFIDAVIT OF DISCLOSURE - PAGE 2

\.n.n^^n . \ \\ave v40r\(e6 \ 5o^no`^v^êco-tex.Nns Cyr 5 \1ears. \ - i5 ()L° 1eri

ehn) &)\e,^^^M\\eê. rr^^^y c y ^roe^d^ 'a'ce- e p\o . \k1s a.Y\on-de.CY1andir\ter.1 \exi\D\eccc?c on kn -\NM\ \Nart .Yee\ ik\NM\\ia-c Q.c .a.se, a. co \& \Nr\ ,^,c\e.\N(?OSVV\O\ o

\râ^r^âc^d scêc\Aeate, vg^n ̂o\Mr\ 6SCre.'ti. \Mg%.co^nsadevc\nr.

Signed

State of Michigan, County ofSubscribed and sworn to before me this 2 3 day of bc-fi

JASON M. PIERCE

NeAIV_PUUN -STATEIOF MICHIGA N

ExpiresfiN)p County o Inghatr0i3

PLEASE INCLUDE AND SUBMIT A COPY OF YOUR CURRENT JOB DESCRIPTION

DRAFT 5A; REVISED 11-05-04

20 t as

ATTACHMENT A

Please provide additional information about your outside business oremployment. Of special interest to the Board is how the activities of the businessor employment may directly or indirectly affect the City. This disclosure is aboutinformation and is not an indication of any anticipated conflict of interest orsuspected wrongdoing. Therefore, please describe for the Board what it is youactually do and be detailed and specific. You are not required to limit yourdisclosure only to the following questions. For each business, include in youranswer such things as:

■ What is the form of your business entity and what percentage do you

own? CJ0, e,N6t ' \ co'm \) r n 0*Mers\ p

^ Are you self-employed? 140^ Who is your employer, if applicable? M\c\'0\yf\5-tte,

\1fe^ ci\ 'y ' FC\^°'^C\Yl5 \ roc''-\''ce ■ What are the things you actually do in the business? Y10\V'\-

O \ze, veoove, or i?e,c;\o,\ e4ec) C i r,c;o\t .eri'' 9,

■ Who are your clients and who receives your goods or services? M.^ ..^^vdern^5 ̂ -ac\\'^ , \.9.0A' WN'oc. tP.().r5 tens,Bernerc \ yobVic

■ How and where are your services performed?Gatn'')pvS M`ch\o^o ̂ c cev.^\\re^'^at'y ;Cl'c 1e^^G

Page 1 of 3

■ How often do you do outside work? C)'10('eaX.)^ lMe- (), ,

■ Does your business or employer contract with the City? '4o

■ In performing your business or outside employment, do you use any City

facilities or equipment?

If so, describe:

■ Is any of your business or employment conducted in the City? If so,

describe:

Does your business advertisement or circulars, if any, contain any

reference to the City or your City employment? N4,C:1

■ If your business uses advertisements, circulars, applications, or order

forms that you have designed or have had designed for you, please attach

a copy of the applicable form(s).

Page 2of3

■ If you provide training or education as part of your business:

Do you identify yourself to your clients or students as being employed by

the City of Lansing? NC)

Do you include in any of the written materials or aids or reference in any

way in your presentations reference to policies, procedures, methods or

materials as being those also used by the City of Lansing? \OIf so,

attach a copy of the material or aid and explain the reference in your

presentation.

■ Is there any additional information that you believe would assist the Ethics

Board in its review of your business or personal activities for potential

conflicts of interest? 11Q If so, please describe:

In providing this additional -information, the Board ofEthics asks that you givespecial attention to the Conflicts of Interest section of-the Charter found at 5-505.1- 5-505.3. A copy' is enclosed for your convenience.

Page 3 of 3

Q4r, '

CITY OF LANSINGAFFIDAVITOF DISCLOSURE

DATE:

TO: CITY CLERK,CITY ATTORNEY, orBOARD OF ETHICS

1 i lN.e,,1`t, f',cI make the following disclosure under oath:(Name)

PLEASE CHECK THE APPROPRIATE BOX OR FILL IN THE BLANKS FOR EACH OF THE

FOLLOWING ITEMS

Yes No1.

❑

I am an ❑ elected or ❑ appointed ❑ officer or( mployee of the City ofLansing holding the position of ql(T ChffbtSpct#Ch in the

L.PD department

[

I am an immediate family member related to an elected or appointedofficer or employee of the City of Lansing named holding the position of in thedepartment.

❑ I am a Business Associate of an elected or appointed officer or employeeof the City of Lansing namedHolding the position of in theDepartment.

2.

❑

I may derive income or benefit directly from a contract with the City or fromany City action detailed below. (Charter 5-505.1)

❑

`fy I may have a conflict between a personal interest and the public interest,the nature of which is disclosed below (Charter 5-505.2) [Chapter#290.04(l) of the Code of Ordinances]

❑

1 I may have a financial interest in a matter proposed to be acted upon bythe City of Lansing as described below [Chapter 290.04(I) of the CodeofOrdinances]

❑

^c^ I make this disclosure because of a possible appearance that I may be inviolation of or in conflict with the City of Lansing Ethics Ordinance asprovided for in the Code or Ordinances and in the City Charter

3.

This-position-is:-0-Full-time- -Part time-(less-than 25-hour-sfwk)--o-Unpaid

4.

My Address is:

5.

My Business (daytime) Phone # is:

CONTINUED ON PAGE 2

0

AFFIDAVIT OF DISCLOSURE - PAGE 2

PLEASE DESCRIBE IN DETAIL YOUR REASON(S) FOR SUBMITTING THIS6.

DISCLOSURE AND EXPLAIN WHY YOU THINK A CONFLICT MAY/MAY NOT EXIST.

I\N i(. -)r-fine, Cc ITSI \ c\nc\ Y nlin}ri ) i

.TNryl,NflAtnA c* m1 YUAS . Tfl'51Nall CWSIsF-ncfVVC4 .1V10\ I (Y Z. cir s C\ \ J € ( -=r)r chowLI- Thrs

. Shefi• 5 1YIcO 'm\cwn 5c‘(),clan JAii--r -J1jmeO-c c r U^,V,° n (*Sired , ft W I11 fl

Y 1tC uv IfY\\k ^chhate . \.A9- -- ",^\( +Mt.dp Win - Vvc l<..)puK-ut9 Nr) t CSC U\1\-er

I hereby certify that this disclosure is complete and accurate to the best of my knowledge,information and belief.

The foregoing Affidavit of Disclosure was executed on this tc-kolrday of

7 20 \Q .

Signed

State of Michigan, County of7 A. \( 1(- Subscribed and sworn to before me this day of 119 ? 20 IC)

FRANDALLL DAVIS

Notary Public/or Deputy ClerkNOTARY PUS. ,STA`I'EOFMI 1a6E{ 1'VM County, Michigan

COUNTY-OF-CLINTONMY COMMISSION EXPIRES Apr 18, 2012

ACTING IN COUNTY OF INGHAM

PLEASE INCLUDE AND SUBMIT A COPY OF YOUR CURRENT JOB DESCRIPTION

My Commission Expires: L't

DRAFT5A; REVISED 11-05-04

ATTACHMENT A

Please provide additional information about your outside business oremployment. Of special interest to the Board is how the activities of the businessor employment may directly or indirectly affect the City. This disclosure is aboutinformation and is not an indication of any anticipated conflict of interest orsuspected wrongdoing. Therefore, please describe for the Board what it is youactually do and be detailed and specific. You are not required to limit yourdisclosure only to the following questions. For each business, include in youranswer such things as:

■ What is the form of your business entity and what percentage do you

own? \'''‘! I I^

^ Are you self-employed?

■ Who is your employer, if applicable? flu\'SRZ5515l-

• What are the things you actually do in the business? Bann(1S^YvcJw\cVE

■ Who are your clients and who receives your goods or services?

How and where are your services performed? I

Page 1 of 3

■ How often do you do outside work? -Z \r\(t

■ Does your business or employer contract with the City? 'NV)

■ In performing your business or outside employment, do you use any City

facilities or equipment? Mc3 If so, describe:

Is any of your business or employment conducted in the City? n\O If so,

describe:

■ Does your business advertisement or circulars, if any, contain any

reference to the City or your City employment? NO

■ If your business uses advertisements, circulars, applications, or order

forms that you have designed or have had designed for you, please attach

a copy of the applicable form(s).

Page 2of3

If you provide training or education as part of your business:

Do you identify yourself to your clients or students as being employed by

the City of Lansing? ̂V

Do you include in any of the written materials or aids or reference in any

way in your presentations reference to policies, procedures, methods or

materials as being those also used by the City of Lansing? NOIf so,

attach a copy of the material or aid and explain the reference in your

presentation.

Is there any additional information that you believe would assist the Ethics

Board in its review of your business or personal activities for potential

conflicts of interest? 1\̀ 1If so, please describe:

In providing this additional information, the Board of Ethics asks that you givespecial attention to the Conflicts of Interest section of the Charter found at 5-505.1- 5-505.3. A copy is enclosed for your convenience.

Page 3of3

02/07/2007 00:49

5178824523

FOP 141

PAGE 02/02

v - 26;Ingham County Sheriff's CorrectionsLPD 911 Non-SupervisorsLansing Pollee Non-SupervleomLensing Police SupervisorsLeelle Police Non.SupenlsorsMeson Pollee Non-SUperVISeraMeson Pollee SuperviaereMeridian Township SupervisorsM.S.U. Pollee Non9upervIsorsM.S.U. Police SerpeentePoUeMhe Police Non•SupervlaoryWllllemeion Police NonSupanlsors

D.Iy.ISIC.NS;Clinton Ca linty 911 NoreSup misersDewitt Pallet Nen.SupervlsotsEast Lensing Pollee Service Support UnitFeat Lensing 011 UnitEsion County 911 NonSupervlaomEaton County 911 gepeMoomEnron County SherltPS CommandEaton County Animal ControlEaton Rapids Police Non-SupervisorsGrand Ledge Pollee Non-SupervleoreGrand Ledge Pollee SupervisorsIngham County Animal ControlIngham County Sheriff's Supervisors

Ja nf®il CL7 LoclgeNO. 141

Fraternal Order of Police5195 Jet Drive, Lansing, MI 48911-4130

Phone: 517-882-8600 Fax: 517-882-4523Web: www.mlfop141.org E-mail: [email protected]

Lansing City Council124 W. Michigan Ave.10th Floor, City HallLansing, Michigan 48933

Re: Moratorium on Medical Marijuana Business Establishments

Dear Council Member:

As a representative of Lodge # 141 of the Fraternal Order of Police who represent the men and womanof the Lansing Police Department as well as several hundred other Officers in the greater Lansing area. Iencourage you to establish a moratorium on any new business that is involved in the dispensing of

medical marijuana.

We feel that this time is needed for the Council, Prosecutors Office, City Attorney and others to establisha cohesive set of standards and controls on this type of business. It has become dear since the lawallowing these establishments to dispense medical marijuana that issues in other communities havebeen noticed.

An issue that affects the lives or our citizens and also the impact on law enforcement should not besettled in haste and a policy developed to ensure the proper use and dispensing of medical marijuana.This moratorium will not stop those in need to get the proper medication ordered by their physician andin some cases a clear cut policy may prohibit issues in the future that might interrupt their ability toobtain the needed medication.

Sincerely,

Thomas L. KrugExecutive Director Lodge # 141 Fraternal Order of Police

11-19-10

DIVISIONS;

ea.)

1(11/23/2010 Terese Horn - Fwd: The Lewton Rich Neighborhood Association would like to go onrecord supporting the"nfta 13Dfli

From:

"Robinson, A-lynne" <[email protected] >To:

Terese Horn <[email protected]>Date:

11/22/2010 9:59 AMSubject:

Fwd: The Lewton Rich Neighborhood Association would like to go onrecord supportingthe "moratorium" that will be before you tonight regardingthe Medical Marijuana facilities.

Please include in packet for next week.A'Lynne Robinson

Begin forwarded message:

From: "[email protected]<mailto:[email protected] >"<[email protected]<mailto:patty5farhat@comcast. net>>Date: November 22, 2010 9:57:04 AM ESTSubject: The Lewton Rich Neighborhood Association would like to go on record supporting the"moratorium" that will be before you tonight regarding the Medical Marijuana facilities.

Dear Council Members:

The Lewton Rich Neighborhood Association would like to go on recordsupporting the "moratorium" that will be before .you tonight regarding the Medical Marijuana facilities.

We are as unhappy, as are most of the residents of the city of Lansing, withthe reckless manner in which the State Legislature passed this initiated law in December, 2008 of the useof these Medical Marijuana facilities.Our hope lies in you to rectify this situation/problem so that future moratoriums will be better monitoredand penalties forced if these moratoriums are in violation of the initiated law.

Respectfully submitted,

THE LEWTON RICH NEIGHBORHOOD ASSOCIATION

Patty Farhat, President

Angela Allen, Vice President

Richard Stuckman, Treasurer

Michael Flaga, Secretary and Web Master

James Moore, Member at Large

Mark Major, Member at LargeOtto Graesser, Member at Large

VC

John Pollard1718 Blair St.Lansing, MI 48910(517) 484-1171

November 22, 2010

Chris Swope, City ClerkCity of Lansing124 W. Michigan Ave.9TH Floor, City HallLansing, MI 48933

Dear Chris:

Enclosed are several items that I want you to put on next week's City Council agenda, so they will become apart of the public record. They include the following: (1) Appeal to A'Lynne Robinson; (2) Copy of the City'sdenial of my FOIA request; (3) Copy of my original FOIA request; (4) Executive Order 2008-02; (5) ExecutiveOrder 2008-03; (6) "How We Buy" from Purchasing; (7) "Supplier Diversity" from Purchasing; (8)"Minority/Woman/Person with Disability Owned Firm Self-Certification Form; (9) "Current Job Postings" fromHuman Resources; (10) "Chapter 206.16" of Purchasing Ordinance; and (11) Lansing Fire Department MissionStatement.

Thank you for your cooperation in these matters. It is greatly appreciated.

Sincerely,

/-h_6;9edq,‘,eJohn Pollard

Enclosures

N)U)

.H

-)nFri

John Pollard1718 Blair St.Lansing, Mi 48910(517) 484-1171

APPEAL

November 22, 2010

A' Lynne Robinson, PresidentLansing City Council10T" Floor, City Hall124 W. Michigan Ave.Lansing, MI 48933

Dear President Robinson:

Enclosed is the City's denial of my Freedom of Information Act request of November 8, 2010. Pursuantto MCL 15.232(d)(iii), I am hereby appealing the City's denial of my request for the followinginformation: (1) the total amount spent by the City of Lansing on goods and services for the fiscal yearwhich ended on June 30, 2010; (2) total dollars spent with women- and minority-owned businesses,businesses owned by persons with disabilities, majority-owned businesses, and Lansing- and non-Lansing-based businesses and suppliers; (3) the total dollar amounts and percentages of total purchasesmade with each of these categories of suppliers; and (4) comparative data with the previous fiscal year.

Also, I have attached copies of my original request and the Assistant City Attorney's denial, datedNovember 16. I want you to reverse this denial, because I refuse to believe that the City has no recordsof how much it spent on goods and services last fiscal year. Also, the City has always had the capabilityto document the dollar amounts spent with each supplier and the name of each supplier. You will notethat the City claims it is illegal to gather information based on race, gender, etc. since Proposition 2 wentinto effect in 2009, even though Proposition 2 was passed by voters in Nov., 2006. Affirmative actionmay have ended at the state level, but the Feds still adhere to those principles and the City receives andspends federal dollars. There is no excuse for not providing a complete supplier list or ledgers with dollaramounts for each and every supplier, broken down by Lansing-based and non-Lansing-based. After all,we have been sorting by zip code since the days of a Commodore 64. See Exhibit "C" produced byPurchasing. It clearly states the following, "As a public agency, all business transactions are a matter ofpublic record." Therefore, as a Lansing resident and member of the public, I am again formallyrequesting the documents or access to the information I seek under the provisions of the Freedom ofInformation Act, even if the information related to race, gender, etc. is denied.

requesting the documents or access to the information I seek under the provisions of the Freedom ofInformation Act, even if the information related to race, gender, etc. is denied.

Please note that I have also enclosed copies of eight (8) documents I downloaded on November 19 fromthe City's websites which either contradict the flimsy excuse about Proposition 2, or prove the City is inviolation of the laws surrounding Proposal 2.

I expect a timely response to my request and thank you for your cooperation in this matter.

Sincerely,

John Pollard

cc: Chris Swope, City Clerk

Enclosures

City of LansingOFFICE OF THE CITY ATTORNEY

Brig Smith, City Attorney

November .16, 2010

John Pollard1718 Blair St.Lansing, MI 48910

RE: Freedom of Information Act (FOIA) RequestTotal amount spent on goods and services for last fiscal year

Dear Mr. Pollard:

Pursuant to your FOIA request which this office received on November 9, 2010, please beadvised that your request is denied. Upon review of Finance department records, no such records orreports, tracking "total dollars spent on goods and services," are routinely produced by the City,therefore there are no records to provide in response to (1) of your request. Pursuant to the statute, apublic body is not required to make a compilation, summary, or report of information in response toa FOIA request, MCL15.233(4).

Further, please be advised that since Proposition 2 went into effect in 2009, the City would beviolating the law by gathering such information, based on race, gender, etc. Therefore, there are norecords to provide in response to (2), (3) or (4) of your request.

If you disagree with this determination, you have the right to either appeal to the "head of thepublic body," i.e. the President of the City Council, pursuant to MCL 15.232(d)(iii), or judicialreview in Circuit Court within 180 days of the denial. If you select to appeal to the President of theCity Council, you must submit a written appeal which specifically states the word "appeal" andidentify the reason or reasons for the reversal of the disclosure denial. If you select the Circuit Courtand the Court determines that records have been arbitrarily and capriciously denied, it may awardactual or compensatory damages, punitive damages (in the amount of $500.00), reasonable attorneyfees, costs and disbursements.

/mjp

Donald J.

anekAssistant City Attorney andFOIA Coordinator

124W. Michigan, Fifth Floor, City Hall • Lansing, Michigan 48933 • (517) 483-4320 • Fax (517) 483-4081 • [email protected]

Fair Share Coalition of LansingFiSCQL

We all give. Therefore, we shall all receive.

November 8, 2010

Brigham Smith, FOIA OfficerCity Attorney 's Office124 W. Michigan Ave.5th Floor, City HallLansing, MI 48933

Dear Brigham:

Pursuant to the state open records law, Mich. Stat. Ann. Secs. 15.231 to 15.246, I hereby formally request access to andcopies of data, information, lists, documents or reports regarding: (1) the total dollars amount spent by the City ofLansing on goods and services for the fiscal year which ended on June 30, 2010; (2) total dollars spent with women- andminority-owned businesses, businesses owned by persons with disabilities, majority-owned businesses, and Lansing- andnon-Lansing-based businesses and suppliers; (3) the total dollar amounts and percentages of total purchases made witheach of these categories of suppliers; and (4) comparative data with the previous fiscal year. Please note that thisinformation should be formatted like the City did when it produced annual "Diversity Spending Reports."

As provided by the open records law, I expect a response within five (5) business days. If you choose to deny thisrequest, please provide a written explanation for the denial, including a reference to the specific statutory exemption(s)upon which you rely. Also, please provide all segregable portions of otherwise exempt material. Furthermore, I agree topay any reasonable copying and postage fees of not more than $500.00. If the cost would be greater than this amount,please notify me. Also, provide a receipt indicating the charges for each document, the labor costs involved, etc...

Be advised that I am also prepared to pursue whatever legal remedy necessary to obtain access to the requested recordsand information. I would note that the willful violation of the open records law can result in a fine of up to $500.00 andthe award of actual and compensatory damages, reasonable attorney fees, costs and disbursements . .

Please give your immediate attention to this formal request. Thank you for your cooperation in this matter.

. Sincerely,

John Pollard

cc: Chris Swope, City Clerk v

FISCAL 1718 Blair St. Lansing, MI 48910-1101 (517) 4841171 . jp9thepeacemaker.ws

OFFICE OF MAYOR VIRG BERNERO124 W. MICHIGAN AVENUE - NINTH FLOOR

LANSING, MI 48933

TO:

ALL OFFICERS, EMPLOYEES, AGENCIES, BOARDS, AUTHORITIES,AND DEPARTMENTS OF THE CITY OF LANSING

RE:

EXECUTIVE ORDER 2008-02 - REQUIRING PREFERENCE FORLANSING-BASED FIRMS AND RESIDENT EMPLOYEES IN THEPROCUREMENT OF ALL GOODS AND SERVICES AND IN THEHIRING OF CITY EMPLOYEES

At a time when Lansing residents and businesses are faced with rising energy prices,mortgage foreclosures, job losses and other economic challenges, it is more important than everthat the City of Lansing consider the economic well-being of its residents and local businesses asour highest priority.

The promotion of new jobs, businesses and residents is an integral part of theAdministration's strategy to stabilize and revitalize the City of Lansing. So, too, is theresponsibility to utilize local residents and businesses to staff and supply our City government.

As a significant buyer of goods and services, the City of Lansing can and should makeevery effort to use its buying power to strengthen the employment prospects for Lansingresidents and to enhance business opportunities for Lansing-based firms. As a significantemployer, the City of Lansing should also make every effort, consistent with state and federallaw, to hire qualified City residents.

Therefore, pursuant to the direction and mandate given to me by the people of the City ofLansing, as expressed in the City Charter, I hereby issue the following Order to requirepreferences for Lansing-based firms and City residents in the procurement of all goods andservices by the City of Lansing and in the hiring of City employees:

I. DEFINITIONS

"Lansing-basedf r,n " means an incorporated business entity that owns or leases an office,warehouse, distribution center, or wholesale or retail store located within the corporatelimits of the City of Lansing.

IL PREFERENCE FOR LANSING-BASED FIRMS. AND RESIDENT EMPLOYEES

1. Consistent with state and federal law and City ordinance, in determining whether thepurchase, contracting for, providing of supplies, materials, services, insurance, utilities, thirdparty financing, equipment, printing and other items needed by City of Lansing departments oragencies is in the best interests of the City, and in making all discretionary decisions concerningthe solicitation, award, amendment, cancellation, or appeal of City contracts, the FinanceDepartment shall consider all of the following:

A. Whether a vendor who seeks to provide goods or services to this City is a Lansing-based firm; and

B. When applicable, whether a proposal by a vendor to provide good or services to thisCity uses contractors or subcontractors that are Lansing-based firms; and

C. Whether a vendor who seeks to provide goods or services to this City, and, whenapplicable, whether any contractors or subcontractors involved in the provision of thosegoods and services, employ residents of the City of Lansing.

2. The Finance Department shall collect from vendors information necessary to comply with therequirements of this Order, as determined by the Department. The Finance Department mayrequire vendors to provide any of the following:

A. Information relating to the location of work performed under a City contract by thevendor, any subcontractors, employees or other persons performing a City contract.

B. Information regarding the corporate structure and location of corporate employeesand activities of the vendor, its affiliates, or any subcontractors.

C. Information regarding the resident address of any employees or other personsperforming a City contract.

D. Notice of the relocation of the vendor, employees of the vendor, subcontractor, orother persons performing services under a City contract.

3. In all advertisements and solicitations for City goods and services, including bids and requestsfor proposals, the Purchasing Division of the Finance Department, on behalf of the City, shallinclude the following statement:

"THE CITY OF LANSING GIVES PREFERENCE TO LANSING-BASED JOBPROVIDERS IN THE PROCUREMENT OF ALL GOODS AND SERVICES."

4. In seeking goods and services within the scope of their authority to purchase that do notrequire bids or requests for proposals, Cabinet members, Department and Division Heads, andEmployees, shall first seek to purchase such goods and services from Lansing-based firms.

5. The Finance Department shall develop reasonable criteria and guidelines for determining howthe commitment to purchasing goods and services from Lansing based firms must be balancedagainst cost, quality, and convenience.

6. The Finance Department shall monitor the amount of goods and services purchased fromLansing-based firms in comparison to all goods and services purchased.

7. The Director of the Finance Department shall undertake a review of all procurement policiesand procedures in order to ensure that this Executive Order is appropriately implemented.

III. PREFERENCE FOR HIRING QUALIFIED LANSING RESIDENTS

1. lit all job postings and solicitations for employment, the Human Resources Department, onbehalf of the City, shall include the following statement:

"THE CITY OF LANSING GIVES PREFERENCE TO QUALIFIED LANSINGRESIDENTS IN HIRING FOR ALL CITY EMPLOYMENT."

2. The Human Resources Department shall engage the leadership of the City's labor unions inefforts to give priority to the employment of qualified City residents.

3. The Human Resources Department shall work with educational institutions to develop andimplement training programs to increase the number of City residents qualified for employmentin Agencies and Departments of the City of Lansing.

4. The Human Resources Department shall monitor the number of qualified City residents hiredin comparison to all persons hired.

3

5. The Director of the Human Resources Department shall undertake a review of all City hiringpolicies and procedures in order to ensure that this Executive Order is appropriatelyimplemented.

This Executive Order, signed on this le)-f'h clay of November, 2008 shall remain in effect until itis rescinded or superseded.

Virg Berner Mayor of the City of Lansing

4

OFFICE OF MAYOR VIRG BERNERO124 W. MICHIGAN AVENUE - NINTH FLOOR

LANSING, MI 48933

TO:

ALL OFFICERS, EMPLOYEES, AGENCIES, BOARDS, AUTHORITIES,AND DEPARTMENTS OF THE CITY OF LANSING

RE:

EXECUTIVE ORDER 2008-03 - REQUIRING AGREEMENT INCONSIDERATION OF DEVELOPMENT INCENTIVES TO INCLUDEPERFORMANCE AND REPORTING REQUIREMENTS ANDPREFERENCE FOR LANSING-BASED FIRMS AND EMPLOYEES

In the last several years the Administration has aggressively pursued an economicdevelopment strategy that promotes new investment, the expansion of the City's tax base and thecreation of new jobs. To achieve these goals, the City offers a variety of economic incentivesthat are designed to facilitate the expansion of existing businesses and the location of newbusinesses within the City, as well as the rehabilitation of obsolete structures and the reuse ofenvironmentally contaminated sites. Economic incentives typically do not provide City funds todevelopers 'or businesses, but rather encourage new investment and job creation in the City thatwould not have occurred without the incentive.

Economic incentives are offered with the expectation that the development projectundertaken will result in direct benefits to the City. To ensure that these benefits are in factrealized, it is important to formally establish performance expectations and reportingrequirements related to the approval of economic incentives. The approval of incentives must bea transparent and public process that produces a clear agreement between the City and the projectdeveloper regarding the responsibilities of both the City and the developer.

It is also reasonable to expect that the developer will make reasonable efforts to hirecontractors and subcontractors that are Lansing-based firms, and that the developer and any suchcontractors or subcontractors will make reasonable efforts to hire Lansing residents and toprocure goods and services from Lansing-based fines.

Therefore, pursuant to the direction and mandate given to me by the-people of the City ofLansing, as expressed in the City Charter, I hereby issue the following Order:

1. To achieve the objectives described above, the Lansing Economic DevelopmentCorporation (LEDC) shall require all parties to any development receiving economicincentives to enter into an Agreement in Consideration of Development Incentives("Agreement"). The Agreement shall specify reporting requirements, performanceexpectations and preferences for Lansing-based firms and City residents in the hiring ofemployees, contractors and subcontractors, and in the procurement of goods and servicesby the project developer.

2. The Agreement shall substantially conform to the following template:

AGREEMENT IN CONSIDERATION OF DEVELOPMENT INCENTIVES

THIS AGREEMENT in Consideration of Development Incentives ("Agreement") ismade and entered this day of , , by and between the City ofLansing, Michigan, a Michigan municipal corporation ( "City"), and , aMichigan Corporation ("Applicant"), (collectively the "Parties");

I. STATEMENT OF PURPOSE:

The City of Lansing welcomes new investment and the creation of new jobs. To achievethese goals, the City offers a variety of economic incentives that are designed to facilitate theexpansion of existing businesses and the location of new businesses within the City, as well asthe rehabilitation of obsolete structures and the reuse of environmentally contaminated sites.

Economic incentives typically do not provide City funds to developers or businesses, butrather encourage new investment and job creation in the City that would not have occurredwithout the incentive. The purpose of this Agreement is to establish performance expectations,reporting requirements, and preferences for Lansing-based firms, resident employees and unionemployees in hiring, contracting, subcontracting and procurement related to the acceptance ofeconomic incentives by the Applicant.

Economic incentives are beneficial to both the City and the Applicant. The approval ofincentives must be a transparent and public process that produces a clear agreement between theParties regarding the responsibilities of both the City and the Applicant. This public processdoes not end with the approval of the incentive, but continues until the commitments made bythe Applicant under this Agreement are met.

II. DEFINITIONS

As used in this Agreement, the definitions herein shall be the mutually understood meaning ofthe following terms:

2

"Incentive" means a reduction in City taxes levied on real or personal property, or otherfinancial benefit to Applicant, for a limited number of years as specified in thisAgreement, and which may include, but is not limited to, those tax reductions or otherfinancial benefits authorized by the Obsolete Property Rehabilitation Act (Public Act 146of 2000, as amended), Neighborhood Enterprise Zone Act (Public Act 147 of 1992, asamended), Brownfield Redevelopment Financing Act (Public Act 381 of 1996, asamended), Plant Rehabilitation and Industrial Development Districts (Public Act 198 of1974, as amended) and the New Personal Property Tax Exemption authorized by PublicAct 328 of 1998.

"Lansing-based firm" means an incorporated business entity that owns or leases an office,warehouse, distribution center, or wholesale or retail store located within the corporatelimits of the City of Lansing.

"Full-time Equivalent Employees (FTE) " means a combination of full-time and part-timeemployees that represents all employees as a comparable number of full-time employees.

III. RECITALS:

A. APPLICANT/PROJECT INFORMATION

Name of Project:

Business Name of Applicant (if applicable):

Name of Parent Company & applicable):

List Managing Partner and all other Partners, including percentage ownership interest of eachpartner:

%

%

%

List City incentive(s) and number of years requested for each:

Years

Years

3

Years

Years

List all Federal, State or other incentives and their estimated value that may be part of thisproject:

Name of Financial Institution(s) funding the Project (ifunavailable upon execution of thisAgreement, Applicant agrees to furnish commitment letter(s) from lending institution(s) to theLEDC 14,hen available):

Estimated number of new, permanent full-time equivalent employees (FTE) upon ProjectCompletion (if applicable):

FTE

Estimated total investment in real and personal property, including acquisition and constructioncosts, upon Project Completion:

$

Estimated average hourly wage or annual salary of new, permanent employees (if applicable):

$

B. APPLICANT ACCEPTANCE OF NOTICE AND REPORTING REQUIREMENTSAND LOCAL PREFERENCES IN HIRING, PROCUREMENT OF GOODS AND

SERVICES, CONTRACTING AND SUBCONTRACTING

(initial spaces below to indicate acceptance)

Applicant agrees to notify the LEDC and City Assessor of any and all partnershipchanges during the term of any incentives approved for the Project.

4

Applicant agrees, and may be required to provide written documentation at therequest of the LEDC, to consider and hire as many Lansing residents andLansing-based firms, including but not limited to consultants, suppliers,contractors and sub-contractors, as reasonably possible.

Applicant agrees, and may be required to provide written documentation at therequest of the LEDC, to make good faith efforts to hire contractors and sub-contractors that employ union labor when economically feasible.

Applicant agrees that all employees, contractors and sub-contractors related tothis Project will pay all City individual income tax.

Applicant agrees to report annually to the City Treasurer all gross individualincome taxes paid and current residential addresses of all employees.

Applicant agrees that all contractors and sub-contractors will report annually tothe City Treasurer all gross individual income taxes paid and current residentialaddresses of all employees.

C. LEDC STAFF/ADMINISTRATION RECOMMENDATION

Name of Lead Staff Person:

Revenue currently paid to the City by the site or project: $

Estimated total revenue to the City upon Project Completion:

$

Estimated total value of City Incentive(s): $

Estimated total new net revenue to the City: $

Staff Comments (indicate reasons ,for providing Incentive and describe any additional value tothe City as a result of approval):

Project Timeline:

Have all appropriate City Incentive fees been received?

YES

NO

5

Staff Recommendation:

APPROVE

DENY

MODIFY

¶DENY orMODIFY please explain in space provided below)

Administration Recommendation:

APPROVE

DENY

MODIFY

(f DENY or MODIFY please explain in space provided below)

D. ADDITIONS:

1. Applicant, in seeking local legislative approval, has made certain representations to theCity as more fully set forth herein.

2. The Applicant has applied for Incentive for the purpose of [insert project description]("Project"). The Project is expected to hire at least or retain at least new full-time equivalent employees (FTE) and requiring a total investment in real property of at least

and personal property of at least $ , when completed.

3. The Applicant has supplied to the LEDC all application ,and supporting documentation,including a list of all partners of the Applicant with an ownership interest in the Project, which inturn has been forwarded to the City prior to the approval of the Incentive.

4. The Applicant has provided to the LEDC detailed information including wage and benefitinformation for the Project and new, permanent fill-time equivalent employees (FTE) expectedto be hired or retained as a result of the Project, which in turn has been forwarded to the Cityprior to approval of the Incentive.

5. The Applicant and the City desire to enter into an agreement whereby the Applicant andCity specify and agree on the Project performance measures under which the Incentive isgranted, and some of the conditions under which such Incentive can be modified or revoked bythe City and/or State of Michigan. Nothing in this Agreement supersedes or diminishes anyrights of the City or the State established by Federal, State, or Local law or regulations.

6. The Lansing City Treasurer has verified in writing the Applicant is not delinquent and/orlate on any property taxes owed to the City for all properties in which the applicant owns atwenty-five percent (25%) or more interest.

6

7. The Lansing City Treasurer has verified. in writing the Applicant, if an employer in theCity, is in compliance with all required City wage withholding and income reportingrequirements for all of their employees.

8.,

The Lansing City Treasurer has verified in writing the Applicant is not delinquent and/orlate on any corporate or other business income taxes owed the City, if any.

9.

The LEDC has verified that all application fees due have been paid in full by theApplicant.

IV. AGREEMENT:

NOW, THEREFORE, in consideration of the recitals and mutual covenants and agreementsherein contained and pursuant to MCL (the "Act"), as amended, the Parties agreeas follows:

A. Reliance on Recitals

The Parties acknowledge Applicant has made representations contained within itsapplication, and the recitals and additions above, with the purpose and intent of City's reliancethereon, as well as for compliance with the Act, as amended, and the City relies upon theserepresentations in its determination that the Incentive should be approved.

B. Project Area

The location of the Project is commonly known as [insert address] ("Project Area") andlegally described as follows:

[Insert legal description here]

C. Protect Timeframe.

The Applicant and City agree the City's approval of the Incentive is based uponcompletion of the Project within a specific time period ("Project Timeframe"). The ProjectTimeframe starts

and ends

D. Project Completion

The Applicant and the City agree that for the Project to be considered complete, theApplicant must perform all of the following in the Project Area within the Project Timeframe("Project Completion"):

1.

Hire at least new, permanent full-time equivalent employees (FTE) and/orretain at least full-time equivalent employees (FTE).

Purchase and/or locate within the Project Area, personal property with a fairmarket value of at least $ . This personal property may not bemoved to the Project Area from another location within the City of Lansing.

3. Make at least $ of improvements to the real property.Improvements include only hard costs, and exclude architectural and engineeringcosts.

4. Obtain all necessary building permits and site plan approvals, including paymentof all required fees, plus final inspections including a Certificate of Occupancyfrom the City of Lansing and all other appropriate authorities and agencies.

5. Upon Project Completion, the applicant will provide to the LEDC, upon request,any and all appropriate financial records that are referenced as part of thisAgreement.

6. Project Completion must be performed by [insert date].

E.

Project Completion Progress Reports

The Applicant shall file an annual report with the LEDC on the Applicant's progresstoward achieving Project Completion. Reports shall be submitted in compliance with all LEDCreporting requirements. Applicant understands and agrees that the information submitted to theLEDC will be available for public viewing, unless prior approval is requested and granted forspecific confidential business information that is not subject to disclosure under the Freedom ofInformation Act (Public Act 442 of 1976, being MCL 15.231 et. seq., as amended). Non-compliance with reporting requirements may result in the modification or revocation of theIncentive.

Lack of performance and compliance with this agreement, may be considered as relevantinformation in consideration of the approval of all future incentive applications to the LEDC orCity by the Applicant or any person or entity with (25%) or more ownership in the Project.

F.

Verification of Project Completion

No later than thirty (30) days after the end of the Project Timeframe, the Applicant shallprovide in writing to the LEDC a Final Project Completion Report ("Final Report") with proof ofProject Completion. Acceptable forms of proof may include, as directed by LEDC, proof ofemployment, proof of paid invoices, executed and; filed tax documentation, final financingdocuments and similar material which confirm original financial data, engineering andarchitectural "as-built" drawings, photographs, and other like evidence of completion of theProject in the Project Area. If at any time during the Project Timeframe the Applicant completesthe Project as agreed upon in Section (4), the Applicant may submit the Final Project CompletionReport to the LEDC.

8

G.

Consideration of Applicant's Compliance with the Agreement.

Within 60 days of receiving the Final Report, or 90 days after the end of the ProjectTi:meframe, the LEDC shall make a preliminary determination if the Applicant has achievedProject Completion. In the event the preliminary determination concludes the Project wascompleted per this Agreement, written notification of such finding shall be sent from the LEDCto the Applicant and the City of Lansing Finance Director. In the event the LEDC makes thedetermination the Applicant did not complete the project per this Agreement, the LEDC willforward in writing its findings and a recommended course of action to the Applicant and the Cityof Lansing Finance Director. Prior to any action that might lead to the modification orrevocation of all or part of the Incentive, the City shall offer the Applicant the reasonableopportunity to appear before the Council and be heard. In the event of the revocation of all orpart of the Applicant's Incentive, the City may consider the breach of contract whencontemplating the approval of all future Incentive applications to the City by the Applicant orany partners listed as required in the Recitals.

H. Failure of Applicant to Pay. Tax Applicable to Personal Property

If any property tax applicable to the personal property that makes up the project is notpaid within the time permitted by law . for payment without penalty during the life of theIncentive being granted by this Agreement, the City may seize and sell the personal property topay the tax, expenses of sale, and interest on the tax, or may continence civil litigation to recoverthe amount of tax an interest thereon, in accordance with Michigan law.

I. Failure of Applicant to Pay Tax Applicable to Real Property

If any property tax applicable to the real property that makes up the project is not paidwithin the time permitted by law for payment without penalty during the life of the Incentivebeing granted by this Agreement, the City may place a lien on the real property. The City mayenforce the lien in the same manner as provided by law for the foreclosure in the circuit courts ofmortgage liens upon real property, in accordance with Michigan law.

J. City's Rights under Act

Nothing in this Agreement shall supersede the City's ability to request the State TaxCommission to revoke the Incentive as otherwise provided, or as may hereafter be provided,under the Act, as amended. Nothing in this Agreement supersedes or diminishes any rights ofthe City or the State established by Federal, State, or Local law or regulations.

K. Ambiguity

If this Agreement or any of its terms and conditions are determined to be ambiguous, thisAgreement and all its terms and conditions shall be considered as if drafted by both parties.

9

L. Rights and Remedies Cumulative

The Parties shall have all the rights and remedies available at law, in equity dr in thisAgreement to enforce the rights and obligations under this Agreement. All remedies shall becumulative and none will be exclusive of any other. The exercise by either party of any one ormore of such remedies shall not preclude the exercise by it, at the same or different times, of anyother such remedies for the same default or breach or of any of its remedies for any other defaultor breach by the other party. No waiver made by either such party with respect to theperformance, or manner or time thereof, or any obligation under the Agreement shall beconsidered a waiver of any rights of the party making the waiver with respect to the particularobligation of the other party or condition to its own obligation beyond those expressly waived inwriting and to the extent thereof, or a waiver in any respect in regard to any other rights of theparty making the waiver or any other obligations of the other party.

M. Right In Third Parties

This Agreement is not intended nor shall it create any rights, expectations or benefit toany third parties, including any creditor of the parties.

N. Severability

The invalidity of any portioirof this Agreement shall not affect the validity of theremainder thereof.

0.

Subsequent Waivers

One or more waivers of any provision, covenant, or condition of this Agreement shall notbe construed as a waiver of a subsequent breach of the same provision, covenant, or condition, oras a waiver of a subsequent breach of other provisions, covenants, or conditions. The consent orapproval to or for any act shall not be deemed to render unnecessary the consent or approval toor for any subsequent similar act.

P. Termination

This Agreement terminates upon , or upon thewritten agreement of the Parties.

Q. Authority.

The Applicant's execution, delivery and performance of this Agreement have been dulyauthorized. The Applicant's representative executing this Agreement does so with requisiteauthority to fully and completely bind the Applicant.

10

IN WITNESS WHEREOF, the undersigned Parties hereto execute this Agreement as of the clayand year first above written.

WITNESSES:

APPLICANTNAME:

By:

Its:

CITY OF LANSING:

By:

Virg Bernero

Its:

Mayor

LANSING ECONOMICDEVELOPMENT CORPORATION:

By:

Robert L. Trezise, Jr.

Its:

President and CEO

Approved as to form:

I hereby certify that funds are availablein Account No.:

Brigham Smith

CityController

City Attorney

[END OF AGREEMENT TEMPLATE]

3. The form of this Agreement may be revised from time to time upon reconunendation tothe Mayor by the Board of Directors of the Lansing Economic Development Corporation.

11

This Executive Order, signed on this l day of November, 2008 shall remain in effect until itis rescinded or superseded.

Virg Berneio, Mayor of the City of Lansing

12

of Lansing - Detail Pageity

Home

Live

Work

City Hall

Play

Visit

Invest

News I

1

New City Department Hours

Home > ... > How We BuyHow We Buy

GETTING STARTEDAll initial sales representative contacts with the City of Lansing should be witha Purchasing Office Senior Buyer. If a review of your business capabilitieslooks like it could be a match for our needs, the Buyer will assist you inidentifying the City Of Lansing departments and employees that you shouldcontact. When suppliers bypass this portion of the process and go directly tothe City's departments before meeting with a Buyer, the contract awardprocess may be delayed clue to issues related to Tax Exemption Status, CreditApplications, legal requirements, etc.

How We Buy

Supplier Diversity

As a government agency, we conduct our business in an open and competitivefashion in accordance with ordinances approved by our City Council.

Local Preference

The City Of Lansing Purchasing Policy is based on a competitive bid process asoutlined in the Purchasing Ordinance, Local Preference Ordinance, Supplier

Vendor Registration

Diversity Ordinance and any Executive Order then in effect. Purchases aremade on the basis of the best-evaluated bid, which may include quantity,

Contact Us

quality, service (which includes delivery) competitive market prices, value

Links

expected that all pricing, service and delivery agreements will be adhered to.The City of Lansing adheres to the provisions of the City of Lansing's EthicsOrdinance. In accordance with the Ethics Ordinance, suppliers should not offergifts to City employees. We prefer that incentives be expressed in terms ofquality, service and bid price.Suppliers who are related to a City Of Lansing employee should contact JohnGreen at 517-483-4129 to discuss the Ethics Ordinance prior to doing anybusiness with the City Of Lansing.

Home

Finance Dept.

About Us

Accounts Payable

Bids and Proposals

apub\hc agency, all business transactions are a matter of public record.PAsu...ess..^~.u ^.~."a"~+^a ," = =/""="" """ =" a *= irn^r t ---Business should be conducted in a sincere, open and fair manner. It is

Contact Info

Interim PurchasingManagerJohn Green8th Floor - City Hall124 W. Michigan Ave

11/19/2010

City of Lansing -Dctail Page

3

(517) 483-4524 fax

The Mayor of the City of Lansing is the only person who may legally bind theEmail

City for payment for goods and services at dollar levels over $15,000.00. TheDirector of Finance or their representative (the Interim Purchasing Manager)

Hours

may legally bind the City for payment of goods and services at dollar levels upMonday - Friday

to $14,999.99,8:00 A.M. - 5:00 P.M.

No other individual within the City has the authority to bind the City

for payment of goods or services.

No materials may be shipped nor any service performed with a value over$2500 without competitive bids/quotes and a City of Lansing purchase orderunless purchased with a procurement card. All orders must have a City ofLansing authorized purchase order number or authorized procurement cardnumber.

PURCHASES:

Up to $2,500Employees may use their procurement card, if available. Employees are askedto use their best judgment for the City's best interest.

QUOTES: $2,501 to $14,999Formal, written quotes are required, unless specifically exempted, and may bereceived via U.S. mail, in person or fax. At the professional judgment of thesenior buyer, informal quotes may be received electronically, in written formor via fax. Quotes do not have formal public openings.

BIDS: $15,000 and overFormal sealed written Bids and Request for Qualifications and Proposals areissued by the Purchasing Office and are required unless specificallyexempted.* Public bid openings are held. Request for Qualifications andProposals do not have public openings. Bid and proposal requests will beadvertised in a local publication (City Pulse), through the MITN web site(www.mitn.info) or another publication if directed by the requestingdepartment.

*Consult a Senior Buyer for exemptions on bids.

TYPES OF CONTRACTSThe Purchase Order is the standard contract form used by the City of Lansingfor routine purchases. Formal contracts may be used for specific purchases,however a purchase order will also be issued. The Purchasing Office issues allPurchase Orders.In order to best serve the interests of city government and the businesscommunity, the Purchasing Office utilizes, to the maximum extent possible,contracts of multiple year duration where it makes economic sense to do so.

-Therefore, products or services which lend themselves to contracts will besolicited far more infrequently than with usage that does not warrant acontract.The supplier shall prepay freight charges so the City of Lansing does notreceive a separate invoice from the freight company. Terms are FOBDestination, Freight Prepaid, or Pre-pay and Add.The City of Lansing is not responsible for payment of unauthorized purchasesmade without a Purchase Order or in violation of our Procurement Card policyor other Purchasing Ordinances,

/

http://www.lansingmi.90v/finance/Purchasing/how-we-buyjsp

11/19/2010

City of Lansing - Detail Page 1

Home >,.. > SupplierDiversity Supplier Diversity

Wecontinue to work on the content for this page. Please check back regularly foupdates. Thank you.Ordinance and ResolutionThe Lansing D% Council approved the Supplier Diversity ordinance andcompanion resolution

June 21, 2004.

review the ordinance and theresolution together The ordinance sets the foundation and the resolution is the

Accounts Payable

working document for Council's supplier diversity program.Certification Standards for Minority-Owned and Woman-Owned Businesses

Bids and Proposals

The City created aself-certification ap$@lonforMino gyown ,Women-Women-owned or Person's with a Disabled-owned busiss. Firms that are eligible are

How We y

asked to complete the application and return it to the City of Lansing PurchasingOffice. To be eligible, firms must document at least 51% minority, women or

Supplier Diversity

person with a disability-ownership and the owner participates in the day-to-dayoperation of the business. Falsification of information can result in the vendor's

Local Preference

removal from the city's list of eligible vendors.if you are already certified a@bogy Woman or Person's with a Disai!y -

Vendor Registration

owned firm, we ask that you complete questions ]k on the application and--

submit a cop of your firm's certification. The City will accept certification from aContact Us

third party such the Federal Governmen! State of Michigan, Michigan Minor,Business Development Council, N i!V American Business Owners,Asian-

Links

Pacific Chamber 4 Commerce, Michigan Hispanic Chamber Of Commerce or.^

. the Michigan Woman's Business Council.

About Us

Home

Finance Dept.

New City Department Hours

Conte Info

Interim PurchasingManagerJohn Green8th Floor - City Hail

5ttp: wwwJansingm£gv£Sanc / urc ai»gs ppGI div rsityjs

11/19/2010

517.483.4124 (phone)517.483.4524 (fax)

City of LansingMinority/Woman/Person with Disability Owned Firm

Self-Certification Form

Return to: City of LansingPurchasing Office124 W Michigan Ave 8th FlLansing, MI 48933

E-mail: [email protected]

Website: www.finance.cityoflansingmi.com/purchasing

Notes: Please complete this form only if your business is at least 51% owned, operated and controlled by a minority,woman or person with a disability and your business is not already certified by another agency.

If your firm is certified by another agency such as the MMBDC, MDOT, SBA or MWBA, please completequestions 1-4 below and attach a current copy of your certification certificate.

Return the requested information to the address above.

1. Name of Firm:Federal Employer ID Number: (IRS 941 Form)

2. Mailing Address of Firm: Street Address (if different from above)

City State Zip

Telephone Number ( ) Fax (_)

Email Address

Website Address

Contact Person / Title:

3. This firm is seeking certification as a:

a) ❑Minority Owned Business:

Black /African American,

Latino / Hispanic American,

- Asian Pacific American, Native American

- Asian-Indian American

b) ❑Woman Owned Business

Person with Disability Owned Business

continued

4. Indicate services, commodities for which the firm would like to be recognized:

5. Identify ALL individuals who own or share ownership of this firm:

Name

Race Gender % Of Ownership

Yrs Of Ownership

6. This firm is ❑ Sole Proprietorship ❑ Partnership

❑ Joint Venture

❑ Corporation

0 Limited Liability

❑ Other (please specify):

7. Identify all individuals (owners and non-owners) who are responsible for the firm's day-to-day managementincluding, but not limited to, those with primary responsibility for:

Name Race/Gender Title Yrs. with FirmFinancial DecisionsMarketing & SalesHiring & Firing of PersonnelPurchasing Major Items & SuppliesSupervision of Field OperationsSigning of Legal Documents

8.. References. List most significant clients, projects or jobs within the past two years.

Name of Company

Contact Name / Title

Telephone

9. Submit Resumes of all owners who are responsible for the day-to-day management of the firm.Provide a copy of owners drivers license.

AFFIDAVIT

(Please complete this portion of the form in the presence of a notary)

In understanding of the illegal nature of receiving public or private funds or other property as a consequenceof false representation as to the status of the firm, I/we do herein certify under penalties which may beimposed by the City of Lansing that this information may be used for the purpose of self-certifying the firmnamed in item one, page one as a Minority, Woman or Person with Disability owned Business. I/we agree tomake available for inspection to the Purchasing Office any such information, which may be required to sub-stantiate the degree of minority, female and/or disabled ownership and control of the firm. I/we also agree toarrange for on-site inspections of our firm's facilities in order to verify information provided in this docu-ment. I/we further agree that if, after completing this application, there are any significant changes in theinformation submitted, I/we shall notify the Purchasing Office of those changes as soon as possible.

Signature Date

Title Name of Firm

Corporate Seal (where appropriate)

TO BE COMPLETED BY NOTARY:

State of County of

on this day of , 20 before me appeared

(Name) , to me personally

known, who, being duly sworn, properly did execute the foregoing affidavit, and did state that he or

she was properly authorized by (Name of Firm)

to execute the affidavit and did so as his or her free act and deed.

Notary Public

Commission Expires

This affidavit declares said firm to be minority, woman ordisabled owned business and said affidavit shall become a matterofpublic record.

City of Lansing I Human Resources 2

Home

Live

Work

City Hall

Play

Visit

Invest

NewsNew City Department Hours

Home > job-postingsCurrent Job Postings

If you have any questions, call our office at (517) 483-4004.Please click job titles below for more information on each job.THE CITY OF LANSING GIVES PREFERENCE TO QUALIFIED LANSINGRESIDENTS IN HIRING FOR ALL CITY EMPLOYMENT.Attention Applicants: Evaluation of the employment application materials ispart of the selection process. The application must identify a specific job titlefrom the website or it will not be accepted. The City of Lansing reserves theright to limit the number of applicants who proceed for further consideration.The City of Lansing is an equal opportunity employer and does notdiscriminate in its employment policies or practices on the basis of religion,race, color, national origin, gender, sexual orientation, age, marital status,height, weight, arrest record, or disability against any qualifiedperson. Reasonable accommodations will be provided, if necessary; forindividuals with disabilities who can perform the essential job functions with orwithout reasonable accommodations. Should you need any disability relatedaccommodation in the application and/or selection process, please contact theDepartment of Human Resources at (517) 483-4004.Pursuant to the City of Lansing Policy for Fiscal Year 2010/2011, the workweek for full-time positions is 36 hours per week; for part-time positions, thework week is 35 hours or less.

9-1-1 Emergency Communications Technician I

Salary: $33,509 '$4447O/yrSports Coordinator -- Temporary Position

Salary $9.00/hrSport Officials - Temporary Position

Salary: $4.00 to $12.00/per gameChief of Police

Salary: $79,398.00/yr. - $119,140.00/yr.

Home

Current Job Postings

Online Job Application

Benefits

Workplace Poster Info.

Contact Info

DirectorTerri Singleton4th Floor City Hall124 W. Michigan AveLansing , MI 48933517-483-4004

Jobs Hotline517-483-4490

Email

HoursMonday through Friday

If you wish to meet with astaff person directly,please contact them toarrange an appointment.

http://www.lansingmi.gov/hum-res/Job_posingsjsp

11/18/2010

City of Lansing Human Resources

2

Heavy Equipment Mechanic 500

Salary: $16.51/hr. - $21.63/hr.

Print this page

Email this page

Disclaimer Privacy Policy Feedback

Lansing Neighborhood Association

2010 City of Lansing, MichiganRevize

1

http://www.lansingmi.gov/humres/job postings.jsp

11/18/2010

CHAPTER 206. PURCHASING, CONTRACTS AND SALES

206.16. Preference for local bidders or offerors.

Lansing-based businesses may be awarded a contract as the lowest responsive and responsible bidderunder the circumstances specified herein.

(1) Definitions.(a) City resident(s) means an individual whose primary place of residence is within thecorporate limits of the City of Lansing as evidenced by voter registration address, driver'slicense address or State identification address or affidavit form developed by the CityAttorney.(b) Good faith effort means those demonstrable activities supported by documentationand results that verify the bidders attempts to reach the established goal.(c) Implementing Department means the City Department or Agency that hasresponsibility for oversight of a contract.(d) Joint venture means a co-operation between two or more corporate bodies for aparticular project in which they share the responsibilities and profits associated with theproject.(e) Lansing-based business means the physical and economic relationship to Lansingdetermined evidenced by a building or office physically located in the City and thepayment of (1) City income taxes on the contractors net profits, and (2) City property taxeson a plant or office and equipment such as is ordinarily required for the performance of thecontract bid.Any business physically located in Lansing which operates under a City-authorized taxabatement or forgiveness program, or any other City-authorized tax credit program, is stillconsidered a Lansing-based business for purposes of this Section.(f) Subcontractor means a person or company that assumes, by secondary contract, someor all of the obligations of an original contractor.

(2) Purchases under $15,000.00. Pursuant to Section 206.03, departments purchasing supplies,services procured under bid and construction items for less than $15,000.00, which are notpurchased by use of a procurement card must solicit at least one quote from a Lansing-basedbusiness unless no Lansing-based business providing the service, supply or construction item canbe identified. The procuring department will document efforts to use Lansing-based businesses.

(3) Preference for Lansing-based businesses on contracts over $15,000.00 and under$500,000.00. When sealed bids are received under Section 206.02 for purchases, supplies andconstruction contracts greater than $15,000.00 and less than $500,000.00, the following shallapply:

(a) The person or business submitting the lowest bid shall be deemed the lowest bidder.If, however, the lowest bidder is not a Lansing-based business, any Lansing-based businesswith a bid within a specified percentage of the lowest bid that has been deemed responsiveand responsible under the purchasing ordinance shall be deemed the lowest bidder if itagrees to reduce its bid to match the bid of the lowest bidder.The percentage difference shall be established by Council resolution and may be revisedfrom time to time as Council deems appropriate.(b) If a Lansing-based business refuses to reduce its bid to match the lowest bid, thenthe next lowest responsible Lansing-based business with a bid within the established

percentage of the lowest bid shall be given the opportunity to reduce its bid to match thebid of the lowest bidder. If the Lansing bidder agrees to reduce its bid to match the bid ofthe lowest non-Lansing bidder, it will be deemed the lowest bidder and awarded thecontract.(c) If no responsive and responsible Lansing-based business within the establishedpercentage of the lowest bid agrees to reduce its bid to that of the lowest bidder, then thecontract shall be awarded to the person or business with the lowest, most responsive andresponsible bid.(d) Except for construction contracts, no contract awarded pursuant to this Section shallbe sublet in any manner that permits 50 percent or more of the dollar value of the contractto be performed by a subcontractor or subcontractors who do not meet the definition ofLansing-based.(e) Any Lansing-based business awarded a contract pursuant to this Section shall agreeto make available to the City all records necessary to establish its eligibility andcompliance with all City, State and local laws.

(4) Affirmative measures for enhancing Lansing-based businesses.(a) The City may eliminate bid, performance, and payment bonding requirements when itdeems appropriate for Lansing-based businesses, except for contracts for construction,alterations or repairs exceeding $30,000.00, subject to the requirements of MCL 129.201.(b) The City may allow for joint ventures or other documented business arrangements toenable Lansing-based businesses to meet bonding requirements for contracts greaterthan $15,000.00.

(Ord. No. 796, 3-6-89; Ord. No. 1093, § 1, 9-26-05)

RECEGVFDNOV 2 3 2010

LANSING CITY COUNCIL

November 23, 2010

AGENDA

Dear Ms Terese Horn:. I am sorry but due to my health problems I will not be able to attend your review meeting on my

request for compensation for the loss of my two ten foot walls and the interior east end fancy pickettype fence. I would like to reiterate my questions for your consideration:

1. When your contractor, Mat Tomlinson, removed Scott Vangilder of 1004 Lapeer Street'stree which had fallen on my property, he also took my East and West 10 foot by 20 footwalls along with the east end 5 foot high by 20 foot fancy style picket fence. Again I ask, whotold him to remove them?

2. In David Brand's notes he states "the walls had to"be removed to clean the site." On'bothends?? A reasonable person would take down the wall on the west side and haul thematerial out from my parking lot not from someone else's property or both east and westlocations. Also a reasonable person would return the wall to its former place, not totallyenucleate the area. Mr. Brand states the structure was a "fence", OSB and plywood and notapproved fencing materials. I beg to differ with him. It was not a fence but a wall. Does yourcode allow for 10 foot fencing? It was as high as my building and attached to it, constructedof T 111 board reinforce with 4" x 4" treated wood, with a painted OSB door. T 111 board, atthe time, was very popular but expensive as material for exterior walls on homes, barns, andgarages all over the United State. He further states,..."this "barrier" was put up to hide thelarge amount of debris".... I must be clairvoyant. These walls were place 15 years before theremoval of the neighbors' broken tree. Mr. Brand refers to it as a "barrier" and claims Ireferred to it as a "fence" with ...As to the claimant's statement about a "fence" I havenever called it a fence but a wall because that is what it was.

3. That brings up another question, does your code allow you to trespass into enclose areasand remove material? If I had my garage door open, would it be legal for you to go in andremove the "debris?" The ownership of the tree is Mr. Scott Vangilder, not mine. I was toldby the former head code compliance chairman...."if a fallen tree touches a neighbors groundthan he is required by code to remove it from your property." Why was I charge for itsremoval? What about the 3 or more trees down on the west side of my parking lot. Theyare on the ground and projecting 10 plus feet into my lot? Why aren't they required toremove them?

Let me share with you the past history of this property. When I purchase it in 1969 it had beeninvolved in an alleged arson. It was the former Shaheen food market, listed for sale for over a year in itsburn out stink condition with spoiled food products still present. The real estate agent was WilliamPorter III, who thought I was crazy to want to buy this sorted mess and tried to talk me out of itspurchase. My avocation is real estate and I thought it had a potential. The fire had destroyed thewindows, electrical, heating and interior but the heavy steel shell kept the building in tack. It was built

Dr. Mark M. Spagnuolo1724 Old Mill Road

East Lansing, Mi., 48823

Lansing City CouncilLegislative Office ManagerMs Terese HornTenth Floor City Hall124 W. Michigan AvenueLansing, Mi., 48933

by Grainger Construction in 1941 and had more steel than most building, I was young and enjoyed thechallenge to make it productive again. I immediately clean it up and started the remodeling into aLaundromat. I retain the architect, Mr. Christopher King, who had design my office at 401 W. IoniaStreet to put my desire for the decor to have a Bavarian motif. Mr. King and I have always work welltogether, I as the visionary, he as the implementer. But on this project there was a strong point ofcontention which became a stumbling block in its remodeling....windows. King wanted :a minimum ofwindows, small and placed high on the west side while I wanted large windows. 1 thought it wasimportant for customer's safety to be seen from the outside. King documented his opinion. by articles . inthe architecture association journals stating the high insurance cost for window replacements, limitedwall space for display, more security from break-ins and etc. I held fast in my conviction, but laterregretted it due to his aforementioned reasons, No one, then and now, places many windows in theirstores.

During the construction, we were asked by Mayor Graves office for permission to enter therestore property in a city contest called "Lansing Business for Beauty." This city wide contest was basedon who did the most to. improve the environment with a new or remodel building. We won First Placewith the new Michigan National Branch on south Cedar coming in second. They entered us in the statecontest with 57 city first place winners and we won again, First Place. Lastly, we entered the Nationalbut only placed 17th out of the 50 First Place State, contestants.

The corner of Martin Luther King and Saginaw is the SECOND busiest corner in the city,according to the car counts recorded by the Michigan State Highway Department. The demographics amixture of minority blue collar working class which would appreciate a Laundromat in'the area. Intalking with the Lansing Police: Department, they inform me there has been an influx of gangs in thearea. I had a patient,. Sergeant Bob Kline, who was agreat help in his suggestions of how to formulatethe protections for my customers and employees.

Before we began business, I did the following:.1. Installed Sonotrol, a listening burglar system, with two (2) "panic" buttons. One

placed behind the counter, the other near the front door..2. We placed our telephone in the backroom. If a need arose they could go in the

backroom, lock the door and call the police or push one of the "panic" buttons andSonotrol would dispatch the police. When you activate Sonotrol they _begin to listenand record what is going on in the store.

3. We also place on the doors the following sign, "Unauthorized individuals will beprosecuted to-the full extent of the law."

For years we hadn't any problems until the late 1980's when the gangs set fire to the storageshed in the contested area. It was of block construction filled with thousands of dollars of laundry partsand etc. The Lansing Police inform me the winos, drug addicts, and prostitutes would go back there, outof sight, and engage in their activities. They suggested I enclose the area with walls. Now, with the wallsremoved the gangs are back and their activities are in full force with the graffiti staking out theirterritory and activities.

About the same time there was a concerted effort by the city for me to construct an 8 foot fencearound the parking lot. I was told it was an ordinance put forward by the City of Lansing in 1961. I alsowas informed my cyclone fence that has been surrounding the parking lot before I purchased theproperty in 1969 is 3 or 4 feet inside my property line. Therefore all the trees, shrubs and what not inthis area would be my responsibility to remove or maintain. I knew this was not true because everyoneknows after 15 years, even if the fence is in the wrong place it becomes the property line due to rule ofAdverse Possession. I hired the Gallagher law firm to confirm this 1961 ordinance. They inform me it wasnot an ordinance but a suggestion to the Shaheen's. Now I am wondering who has the ability and time

to research the records of the property back to 1961. Someone in the city must have taken a lot of timeto do this at tax payer's expense, but why? I have never met the people on Lapeer Street.

A few days after I had the parking lot resurfaced, I noticed a city car counter on my property.There were large chunks out of the asphalt caused by spikes inserted to hold down the cable. The newasphalt in that area looked terrible. I call the city and asked why a counter on my property without mypermission and who order its placement. They said they didn't know. The next day the cement entranceon Lapeer Street was removed and a curb inserted. I had my lawyer, Frank DeLuca who is now a DistrictJudge, write Mayor Graves telling him if they didn't return my driveway and remove the curb I wouldsuit the city for $2,000,000. It was returned with a bill of $1,000. I called the Assessor and told him tobill Councilman Baker. They remove the charged but Baker never paid, it was probably the good citizensof Lansing who paid for Baker Folly. The removal of the driveway would not have been a lasting issuebecause the State Highway Department would never approve with all the ingress and egress offSaginaw. They inform me it would have an adverse effect on the flow of traffic and be potentially unsafeand hazardous.

Now you might ask, What have I done for Lansing and Why am I making all this fuss about treesand walls.

In 1964, the City of Lansing became involved in a heated fluoridation referendum and I wasnamed Chairman of the Special Committee on Fluoridation. I turn it around from a political to a healthissue and obtained the biggest win the United States has ever seen with an overall margin of 4 to 1. This,adding fluoride to the community water supply cause a reduction of dental decay by 66 2/3 %. As aconsultant to the cities of Detroit, Flint, Saginaw and Albion I turn their contest around with all ending invictories. Later I was Co-Founder and Chairman of Lansing Community College's Dental Hygienist School.In 2009, I was selected for WHO'S WHO in the WORLD. This inclusion is limited to those individuals whohave demonstrated outstanding achievement in their fields of endeavor and who have, thereby,contributed significantly to the betterment of contemporary society.

There were many indigent programs I establish as President of the Dental Association, there wasOne, I recall, where we took one child out of a large needy family and did all their work for free. We askthe school nurses to select the families and we would pass the patients around to the various doctors.

Finally, the answer to the last question. I don't think you have noticed you have employees whohave an anti-business attitude and their enforcing of the codes is not judicial but like a prosecutor. Ihave always cooperated with the city, paying my taxes, taking seriously suggestions by code enforcersand the police. I have never met, Mr. David Brand, but in the last 6 years I have talk to him 3 or 4 times. Ihave always told him if something comes up about the property, give me a call anytime. I also told him,he could call my maintenance man, Mike Gerrity on his cell phone at 388-0259. He informed me hewould not bother me but call Mike if he needed. I am not an absentee landowner but "hands on." I callMike several times a day, even when I am in Arizona.

When Ruth Hallman was killed the City Attorney, Mr. Smith, call me stating the need ofconstruction of the 8 foot fence, lack of it could be construed as a safety issue. I had been hearing foryears from the property owners along Saginaw Street, someone on Lapeer Street were harassing them,trying to get them to close. I thought it was a joke but as each business closed I became a believer.

Take the "Trash and Debris, Correction Notice", it is a "form" you sent out with checks aboutissues you wish to be performed and the items without checks you are not concern about. If you wantedthem address why didn't you check them? Mr. Brand talked to my maintenance man several timesduring this period, why didn't he tell him what was not completed.

[went to a review board previously on the charges of the removal of the tree and "debris". Igave each member a copy of my facts, with documentation, but no one read them. In the beginning ofmy presentation someone arrived late and asked, "what's this about trees?" The next thing I knew avote was taken and the meeting was over. I ask about my walls and was told I had to petition to the

review board for consideration. The reason for, this letter and appeal is the city wrongfully removed mywalls. I am requesting the city to place the walls back or compensating me for my loss.

I want to thank you for taking time to consider my request. I appreciate the efforts of JessicaYorko and her group to get Saginaw Street.productive. I believe it will not be a reality till we change theanti-business attitude towards the area. If I have hurt someone ' s feeling, I humbly apologize, it was notmy intent,

^°c.c. City Council Membersc.c. Terese Horn, Legislative Office managerc.c. Mayor Virg Bernero