SYNOPSIS EAST LANSING CITY COUNCIL March 17, 2009

At the meeting of March 17, 2009, the East Lansing City Council took the following actions:

1. Approved, as amended, the minutes from the March 3, 2009 regular meeting.

2. Held a public hearing, amended, and deferred until April 7, 2009, further consideration of Ordinance No. 1212; an Ordinance to amend Article III - Property Maintenance Code of Chapter 6 - Building and Building Regulations - of the Code of the City of East Lansing by making further local changes to the International Property Maintenance Code, 2006 edition, known as the Property Maintenance Code of the City of East Lansing, as adopted at § 6-171 and amended by § 6-175 by amending Sections ES-1001.2 to add another exception to the rental license requirements.

3. Held a public hearing and approved, as amended, Ordinance No. 1216; an Ordinance to amend Sections 26-52 - Prohibited Acts and 26-53 - Possession or Consumption of Alcohol by Underage Person - of Division 2 - Disorderly Conduct - of Article II­ Offenses Against Public Peace and Order - of Chapter 26 - Offenses - of the Code of the City of East Lansing, to clarify what it means to remain at a riot with the intent to advance its purpose, to make illegal the act of throwing glass objects onto streets or sidewalks and to conform the minor in possession of alcohol laws to State laws.

4. Approved a Special Use Permit and Site Plan application from Eastminster Presbyterian Church to construct a new vestibule and elevator for their building at 1315 Abbot Road.

5. Approved a request from the Michigan State Polo Club to be recognized as a nonprofit organization in the City of East Lansing for the purpose of obtaining a charitable gaming license from the Michigan Lottery Bureau.

6. Approved a resolution to order the repair of sidewalk for the FY 08-09 Hazardous Sidewalk Program.

7. Approved a resolution supporting Earth Hour 2009 on March 28,2009, and encouraging residents to participate.

8. Approved a resolution celebrating the 80 th birthday of James E. Bibbs, Head Track Coach and Assistant Professor Emeritus, Michigan State University.

9. Introduced and set for public hearing on April 7, 2009, Ordinance No.1218; an Ordinance to amend Articles I, II and III of Chapter 32 - Signs - of the Code of the City of East Lansing.

10. Approved a resolution authorizing the City Manager to execute a cost sharing agreement '" with Michigan Department of Transportation (MDOT) for the City's $3,300 share of the work on the 1-496/uS-127 bridge over Mt. Hope Road.

11. Appointed Joyce Banish to the Downtown Management Board for a partial term expiring December 31, 2009.

Nancy O. Wagner Administrative Secretary

, ' : ' , (DFfY" OF EAST LANSING ';, ' EAST LANSING CITY COUNCIL

AGENDA

March 171 2009 7:30 PM

East Lansing City Council

Mayor Victor W. Loomis, Jr. Mayor Pro Tem Diane Goddeeris

Councilmember Kevin E. Beard Councilmember Roger Peters

Councilmember Nathan Triplett AGENDA EXPLANATION

City Council meets to take action on legislative matters on the first and third Tuesdays of each month. It is at this time that they can vote on items that appear on their agenda. Meetings start at 7:30 p.m. unless otherwise scheduled, and are cablecast live over WELG, Channel 22, to the community.

COMMUNICATIONS

After the formal opening of their agenda, City Council hears Communications from persons in the audience. This is an opportunity for citizens to speak to City Council about a topic that is not on City Council's agenda. It is also the time for citizens to reserve time to speak to an item that is on the agenda for that meeting. When that agenda item comes up the Mayor will invite persons who have reserved time to make their remarks. It is not necessary to reserve time to speak during a Public Hearing. All speakers are encouraged to be considerate of other persons waiting to address City Council and keep their remarks brief.

PUBLIC HEARINGS

The purpose of a Public Hearing is to provide an opportunity for anyone who wishes to speak to City Council about that item. By the time a Public Hearing is held, extensive work has already taken place by one or more of the City's boards or commissions, City staff, City Councilmembers, as well as individuals or groups in the community.

CONSENT AGENDA

Consent Agenda items include routine business items that City Council can approve with a single vote. Any item included in the Consent Agenda must be voted on separately if requested by any member of the Council.

BUSINESS AGENDA

Ordinances, Special Use Permits, and Plans of Development are placed on the City Council's business agenda in several ways. Most are sent forward by one of the City's boards or commissions. When the commission has completed its extensive research and review process and held a public hearing, the commissioners then vote to send a recommendation to City Council to either approve or deny the item. The item is then placed on City Council's work agenda for their review and study, or it is placed on their business agenda for action. Ordinances are generally first introduced at a City Council meeting with a detailed explanation by a City staff member. After introduction, a public hearing date is set by City Council of not less than two weeks from that date. Special Use Permits and Plans of Development are also introduced at a City Council meeting with a detailed explanation by a City staff member. The formal public hearing for a Special Use Permit or Plan of Development is held at the commission level prior to placement on City Council's agenda. Council will hear comments from persons in the audience if they have reserved time for that agenda item. After hearing comments at a Public Hearing or after completion of its consideration of an agenda item, City Council has several options: it may vote on the item at that time; it may vote to set a date on a future business agenda to take action; or it may vote to defer it for further study. All items introduced on City Council's agenda must come back before council for final action. City Council may also request that an ordinance be prepared in response to a particular public or policy issue. In that case, the City Attorney or a City commission may be asked to prepare it. The sequence of legislative action remains the same with an introduction, public hearing and date for final action.

Page 2 of6 AGENDA

East Lansing City Council

Tuesday, March 17, 2009

City Council Chambers

7:30 p.m.

OPENING

1. Roll Call

2. Approval of the Agenda

3. Approval of the minutes from the March 3, 2009 regular meeting

• Attachment A

COMMUNICATIONS

4. Written communications received by Council

5. Communications from the audience

6. Communications from the Mayor and Councilmembers

7. During the meeting March 10,2009 work session, Council took the following action:

• Approved the minutes of the February 24, 2009 work session.

• Approved a resolution recognizing the Association for Child Development as a non-profit organization located in the City of East Lansing for the purpose of obtaining a charitable gaming license from the Michigan Lottery Bureau.

• Approved a taxicab license for Tom's Transportation Taxi Company with two (2) vehicles.

• Approved a street closure request from Take Back the Night Planning Committee for Linden Street from Abbot Road to Park Lane on Tuesday, April 21, 2009, from 9:00 p.m. to 10:00 p.m.

• Approved right-of-way licenses for outdoor dining for Cold Stone Creamery, Cosi, and the Post.

Page 3 of6 • Approved right-of-way license for outdoor dining for Lou & Harry's, subject to conditions.

• Approved, as amended, Site Plan and Special Use Permit application from GreenStone Farm Credit Services to construct a 74,437 square foot office building on the approximately 15.2 acre parcel at 3515 West Road.

8. City Manager's Report

9. City Attorney's Report • Executive Session Property Acquisition

PUBLIC HEARING

10. Consideration of Ordinance No. 1212; an Ordinance to amend Article 111- Property Maintenance Code - of Chapter 6 - Building and Building Regulations - of the code of the City of East Lansing by making further local changes to the International Property Maintenance Code, 2006 edition, known as the Property Maintenance Code of the City of East Lansing, as adopted at § 6-171 and amended by § 6-175 by amending Sections ES- 1001 .2 to add another exception to the rental license requirements.

• Materials Previously Distributed • Staff Resource: Howard Asch

11. Consideration of Ordinance No. 1216; an Ordinance to amend Sections 26-52 - Prohibited Acts and 26-53 - Possession or Consumption of Alcohol by Underage Person - of Division 2 - Disorderly Conduct - of Article II - Offenses Against Public Peace and Order- of Chapter 26 - Offenses - of the Code of the City of East Lansing, to clarify what it means to remain at a riot with the intent to advance its purpose, to make illegal the act of throwing glass objects onto streets or sidewalks and to conform the minor in possession of alcohol laws to State laws

• Materials Previously Distributed • Staff Resource: Tom Yeadon

Page 4 of6 12. Consideration of an application for a Special Use Permit and Site Plan approval from Eastminster Presbyterian Church to construct a new vestibule and elevator for their building at 1315 Abbot Road. The 8.7 acre site is currently zoned RM-22, Medium Density Multiple Family Residential. With five (5) members present the Planning Commission voted unanimously to recommend approval

• Attachment B • Staff Resource: Darcy Schmitt

CONSENT AGENDA

13. Approval of a request from the Michigan State Polo Club to be recognized as a nonprofit organization in the community in order to be eligible for charitable gaming licenses through the State of Michigan

• Attachment C

14. Approval of a resolution to order the repair of sidewalk for the FY 08-09 Hazardous Sidewalk Program

• Attachment D

15. Approval of a resolution Endorsing Earth Hour 2009 and encouraging residents to participate • Attachment E

16. Approval of a resolution Celebrating the 80th Birthday of James E. Bibbs, Head Track Coach and Assistant Professor Emeritus, Michigan State University

• Attachment F

17. Introduce and setfor public hearing on April 7, 2009, Ordinance No. 1218; an Ordinance to Amend Articles I, II and III of Chapter 32 - Signs - of the Code of the City of East Lansing

• Attachment G

18. Approval of a resolution authorizing the City Manager to execute a cost sharing agreement with MDOT for the City's share, $3,300 of the work on the 1-496/US-127 bridge over Mt. Hope Road

• Attachment H

Page 5 of6 COUNCIL MEETINGS ARE CABLECAST "LIVE" OVER EAST LANSING COMMUNITY TV 22

Appointments with Councilmembers can be scheduled by calling the Council Assistant: (517) 319-6920. The City of East Lansing will provide reasonable accommodations, such as interpreters for the hearing impaired and audio tapes of printed materials being considered at this meeting, upon notice to the City of East Lansing prior to a meeting. Individuals with disabilities requiring reasonable accommodations or services please write or call the City Manager's Office, 410 Abbot Road, East Lansing, MI 48823 (517) 319-6920 TOO 1-800-649-3777 Please visit our web site at: www.cityofeastlansing.com

Page 6 of6 Attachment A

CITY OF EAST LANSING REGULAR COUNCIL MEETING MINUTES March 3, 2009

Present: Beard, Peters, Triplett, Goddeeris, Loomis Absent: None

The meeting was called to order at 7:30 p.m. by Mayor Loomis. The meeting was held in Council Chambers of the 54-B District Court, 101 Linden Street, East Lansing.

Item 1 Approval of the Agenda

It was moved by Loomis and seconded by Goddeeris to approve the agenda as published.

ALL YEAS MOTION CARRIED

Item 2 Approval of the Minutes

It was moved by Triplett and seconded by Beard to approve the minutes from the February 17,2009 regular meeting.

ALL YEAS MOTION CARRIED

Item 3 Special Presentations

• Mayor Loomis referenced a resolution and congratulated representatives from the State News on its Centennial Anniversary. He said the State News has been a very integral part of our community for many years.

• Annette Irwin, Housing Operations Administrator, introduced members of MSU Interfraternity and Pan-Hellenic Councils and congratulated them on the success of Greek Week, which raised $230,000 for the American Cancer Society'S Relay for Life. She said this was the second largest campus Relay for Life fundraiser in the nation.

• Lori Mullins, Community Development Senior Project Manager, introduced Faron Supanich, Vice Chair, Lansing, and Bill Sharp, East Lansing, of the Michigan Avenue Corridor Improvement Authority Study Committee. Supanich refelTed to the Draft Michigan Avenue Corridor Conceptual Development Plan and outlined the next steps to be taken. They thanked Council for its support in this regional project.

• Tom Wibert, East Lansing Chief of Police, reported on a State-wide award from Mothers Against Drunk Driving (MAD D) recognizing the East Lansing Police Department. He said this is the first time an entire department, rather than a single individual, has received this award.

1457 Item 4 Written Communication

Council received the following: • Correspondence from Joe Maguire, President, Wolverine Development Corporation, 1350 East Lake Lansing Road, regarding East Village project. • Correspondence from Donald Potter and Marilyn McEwen, 202 Ridge Road, Sonora, California and 519 East Oakwood Drive, East Lansing, in support of Ordinance No. 1204. • Correspondence from Ginger Ogilvie, 1826 Snyder, in support of Ordinance No. 1217.

Item 5 Communication from Audience

• Kepler Domurat-Sousa, 621 Sunset Lane, spoke in support of Ordinance No. 1217. • Emily Serkaian, Associated Students of Michigan State University (ASMSU), spoke in support of Ordinance No. 1216. • Greg Thon, President of FarrnHouse Fraternity, 151 Bogue Street, spoke regarding East Village project. • Nancy Kurdziel, 1390 East Grand River Avenue, spoke regarding East Village project. • Joe Maguire, 1623 Woodside, spoke regarding East Village project.

Loomis said many accusations have occurred throughout our community, Council has listened, and he will respond. Loomis said the City of East Lansing is using a State of Michigan statute, The Blighted Area Rehabilitation Act 344 of 1945. He said this Act is available to municipalities to assist in different forms of development or redevelopment. Loomis also referenced a response letter to Mr. Maguire which will be mailed in the morning.

Goddeeris said she is available to talk with citizens and asked them to call to make an appointment.

Beard said he also is available to meet with citizens at any time. He said the Michigan Supreme Court has rendered a different opinion on property acquisition than that of Connecticut. He said a Michigan municipality cannot use eminent domain to acquire property and tum it over to another private developer. He said in Michigan a municipality can only use eminent domain to acquire land for public use.

Triplett said Council contact information is available on the City Web site or in person after the meeting. Triplett said there is ongoing community conversation regarding the future of East Village and it is unfortunate that this appropriate dialogue has been interrupted by an outside organization choosing to mislead the citizens of East Lansing. He asked that the community return to the important issue of a dialogue among all the stakeholders about what is best for the future of East Lansing.

Peters said he is also willing to meet with members of the community to discuss these issues. He said he is looking forward to attending the Building Bridges event at FarmHouse Fraternity in April.

1458 Ted Staton, City Manager, asked Dennis McGinty, City Attorney, if the area blight designation could be used for the purpose of eminent domain.

McGinty said no. He said about five years ago the City designated the East Village area as an area which could be included in a Brownfield Redevelopment plan. He said properties in that area would be eligible for certain incentives for redevelopment, including tax increment financing (TIF) and tax abatement on personal property. McGinty said individual properties were not designated, but only an area was designated that was characterized by properties that were functionally or economically obsolete. He said by designating that area, the City did not acquire for itself any additional powers of eminent domain, but it was just the opposite. He said Section 10 of Brownfield Redevelopment Act says that property can only be taken for use in a Brownfield plan pursuant to the Michigan Uniform Condemnation Procedures Act. He said that Act has been clearly construed by the Michigan Supreme Court to say that you cannot take property for purposes of economic development or for purposes of private development to tum over to a developer. He said property can only be taken for a public use. He said this was made part of the Michigan constitution by Proposal 4 adopted by the voters. He said the designation as eligible for a Brownfield plan in this area has absolutely no added authority or no change in the law in terms of condemnation. He said we can only condemn property for public use and not for private development.

Staton said McGinty authored an opinion dated March 3,2009, that says we cannot use the Brownfield designation to acquire property, clean it up, and tum it over to a private developer for private development and use. McGinty said that is an exact summary.

Staton responded to public comment on a February 19,2009, Lansing State Journal op-ed piece he wrote to counter myths that had been perpetrated and were being perpetuated by the Mackinac Center for Public Policy. He said City Center II makes the clear case that land for private redevelopment and for public uses can be assembled without using eminent domain or without threatening the use of eminent domain. He said he will be vigilant in using all tools at the City's disposal to respond to distortions of our record and fabrication of our intentions.

Loomis asked if there were further communications from the audience.

• Eric Kammerer, 526 University Drive, spoke in support of Ordinance No. 1204. • David Pierson, 1305 S. Washington Avenue, Lansing, spoke in support of Ordinance No. 1203. • Nancy Curtis, 1054 West Grand River, spoke in opposition to Ordinance No. 1204. • Curtis Carl, 916 Wildwood Drive, spoke in support of Ordinance No. 1204.

Item 6 Communication from Mayor and Council Members

Councilmember Triplett: • Said today he was at the Lansing Center at the annual Capital Conference for the Michigan Municipal League (MML). He said tomorrow he will attend the Legislative Governance Committee and will update Council with a full report next week.

1459 o Said there are vacancies on the Housing Commission and the Human Relations Commission. He said interested residents may contact the City Manager's office or find an application on the City Web site.

Councilmember Beard: • Congratulated the Interfraternity Council and the Pan-Hellenic Council on their successful fundraising efforts. He said their positive philanthropic efforts are far-reaching. • Congratulated the East Lansing Police Department on receiving the award from Mothers Against Drunk Driving (MADD). He said the department is professional and continues to make our community safe.

Councilmember Peters: o Said he had the privilege to serve as a judge for Greek Week at the Battle of the Bands on Wednesday evening and at Song Fest on Saturday afternoon. He congratulated the Greek community on their fundraising efforts.

Mayor Pro Tem Goddeeris: • Said Harper's Restaurant and Harrison Roadhouse have agreed to go smoke­ free. o Wished the Lady Trojans basketball team well in their run to the State Championship and encouraged the community to rally behind them.

Mayor Loomis: • No Report

Item 7 Review of Work Session Actions

Mayor Loomis reviewed the following actions taken at the work session of February 24, 2009:

1. Approved the minutes of the February 10, 2009 work session.

2. Approved one (1) additional vehicle to the taxicab license ofDD's Downtown Taxi Company.

3. Approved one (1) additional vehicle to the taxicab license of Green Cab Taxi Company.

4. Approved, as amended, Second Addendum to Virginia A venue Homes Development Agreement.

5. Appointed William Willbrandt to the Cable, Internet & Technology Commission for a full term ending December 31,2011.

6. Appointed Paul Cervenak to the Planning Commission for a full term ending December 31,2011.

1460 Item 8 City Manager's Report

City Manager Ted Staton: • Said he also attended the MML Capital Conference and reported on a presentation on the federal stimulus package.

Item 9 City Attorney's Report

City Attorney Dennis McGinty: • No Report

Item 10 Public Hearing - FY 08-09 Hazardous Sidewalk Program

Consideration of the objections from property owners impacted by the FY 08-09 Hazardous Sidewalk Program as to the necessity of the reconstruction of sidewalks and/or as to the determination of cost allocation.

Loomis opened the public hearing on the FY 08-09 Hazardous Sidewalk Program.

Seeing no one come forward, Loomis closed the public hearing.

Ron Lacasse, Senior Engineer, said a resolution ordering sidewalk repairs and locations will be on the agenda at the next regular Council meeting.

Item 11 Public Hearing - Ordinance No. 1208

Consideration of Ordinance No. 1208; an application from GreenStone Farm Credit Services to rezone the property located at 3515 West Road from RA, Residential Agricultural, to B-4, Restricted Office Business. On January 28,2009, with seven (7) members present the Planning Commission voted unanimously to recommend Council approve the application.

Loomis opened the public hearing on Ordinance No. 1208.

Seeing no one come forward, Loomis closed the public hearing.

It was moved by Triplett and seconded by Beard to approve Ordinance No. 1208.

ALL YEAS MOTION CARRIED

CITY OF EAST LANSING

ORDINANCE NO. 1208

AN ORDINANCE TO AMEND THE ZONING USE DISTRICT MAP OF CHAPTER 50 - ZONING - OF THE CODE OF THE CITY OF EAST LANSING

THE CITY OF EAST LANSING ORDAINS:

1461 The Zoning Use District Map is hereby amended to rezone the following described area from the RA, Residential Agricultural, to B-4, Restricted Office Business District:

A parcel of land being part of the northeast ~ of Section 2, Town 4 North, range 2 West, City of East Lansing, Ingham County, Michigan, is described as: Commencing at the northeast comer of said Section 2, thence S89°56'02"W 1311.79 feet along the north line of said Section 2 to the point of beginning, said point being the north 118 comer of said Section 2; thence SOooI9'02"W 724.99 feet along the north/south 118 line of said Section 2; thence N89°4T 17"W 873.52 feet to a point on the easterly right-of-way line of Highway US-127; thence along said easterly right­ of-way line NI6°0T03"W 590.04 feet; thence continuing along said right-of-way line along a curve to the right 162.17 feet, having a chord bearing NI5°30'33"W, 162.17 feet, a radius of 7639.44 feet, and a delta of 1°12'59" to a point on the said north line; thence along the said north line S89°55'40"E 1084.69 feet to the point of beginning, except that portion ofland taken for public right-of-way of West Road.

Item 12 Public Hearing - GreenStone Site Plan and SUP

Consideration of a Site Plan and Special Use Permit application from GreenStone Farm Credit Services for approval to construct a 74,437 square foot office building on the approximately 15.2 acre parcel at 3515 West Road. The property is proposed to be rezoned to the B-4, Restricted Office Business District, in conjunction with Ordinance 1208. On January 28,2009, with seven (7) members present the Planning Commission voted unanimously to recommend that Council approve the application.

Council discussed conditions of approval and storm water detention facility.

Loomis opened the public hearing on a Site Plan and Special Use Permit application from GreenStone Farm Credit Services.

Seeing no one come forward, Loomis closed the public hearing.

It was moved by Peters and seconded by Goddeeris to approve the application from GreenStone Farm Credit Services for Site Plan and Special Use Permit approval, subject to the 12 conditions outlined in the February 18,2009, communication to Council.

Paul Rivetto, project manager, Plante & Moran CRESA, 26300 Northwestern Highway, Southfield, answered questions from Council regarding energy efficient parking lot lights.

Goddeeris said she appreciates the environmentally conscious GreenStone Farm Credit Services site plan, their attempt to keep the natural environment in place as much as possible, their use of energy efficient parking lot lighting, and said they are an example for others to follow.

ALL YEAS MOTION CARRIED

1462 Item 13 Public Hearing - City Wetland Consult Report

Consideration of a City Wetland Consult report and the Environmental Commission recommendation to City Council for detennination that the 40,802 square foot Wetland Area A, owned by GreenStone as indicated on the topographic survey for 3515 West Road, meets the Criteria of Section 49-14 of the City Code and be detennined essential to the natural resources of the City and therefore, subject to regulations of the City, and that the 12,156 square foot Wetland Area B be detennined nonessential to the natural resources of the City. Triplett asked if it is still the intention of GreenStone Fann Credit Services to do mitigation for Wetland Area B, even though this is not required by City ordinance or State wetlands regulation. Darcy Schmitt, Planning and Zoning Administrator, said yes, that is part of the submitted plan.

Loomis opened the public hearing on a City Wetland Consult report and the Environmental Commission recommendation to detennine that Area A does meet and Area B does not meet the criteria of Section 49-14 of the City Code as essential to the natural resources of the City.

Seeing no one come forward, Loomis closed the public hearing.

It was moved by Goddeeris and seconded by Peters to approve the City Wetland Consult report and the Environmental Commission recommendation that Wetland A be detennined essential to the natural resources of the City and that Wetland B be detennined nonessential to the natural resources of the City.

Triplett commended GreenStone Fann Credit Services for their proactive approach to incorporate environmental protection into their plan. He said they have gone above and beyond what the Ordinance requires in order to provide additional mitigation.

Peters complimented the developer and said he was impressed with mitigation of the unregulated wetland, the retention of natural features on the site, and the employment of low impact stonn water design.

Beard said in 2006 he voted in favor of the Ordinance which allowed the City to regulate down to ~ acre of wetlands. He thanked the developer for setting a high bar for site preservation of significant features.

ALL YEAS MOTION CARRIED

Loomis thanked GreenStone Fann Credit Services for confidence and investment in the City and wished them well.

Item 14 Public Hearing - Ordinance No. 1204

Consideration of Ordinance No. 1204; an application to rezone a portion of the southem Glencaim neighborhood to the R-O-l Residential Rental Restriction Overlay District. The area to be rezoned includes properties in the Chesterfield Hills #3 Subdivision. The District generally lies north of Grand River Avenue, west of Harrison Avenue, south of Kensington Road/Wildwood Drive, and east of Kensington Road. The entirety of the area to be rezoned is currently in the R-2, Medium Density Single Family Residential District. If Ordinance

1463 1204 is adopted, no additional rental housing licenses may be issued in the designated overlay district. On December 10, 2008, with nine (9) members present the Planning Commission voted 5 to 4 to recommend Council approve the application.

Loomis opened the public hearing on Ordinance No. 1204.

Penelope Laggis, 641 Oakwood, spoke in opposition to Ordinance No. 1204.

Mark Doyal, 525 University Drive, spoke in support of Ordinance No. 1204.

Seeing no one else come forward, Loomis closed the public hearing.

It was moved by Peters and seconded by Goddeeris to approve Ordinance No. 1204, an application to rezone a portion of the southern Glencairn neighborhood to the R-O-l Residential Rental Restriction Overlay District.

Triplett said he will be supporting Ordinance 1204 because the residents went through the proper process, but he also supports the formation of a joint committee between the Housing Commission and the Planning Commission to look at the broader issue of overlays in the community and make recommendations to Council.

Goddeeris said she would like to see a methodical way of educating people in the overlay district regarding the overlay. She said residents followed the rules and met the criteria, so she will be supportive of Ordinance No. 1204.

Loomis said he agrees with Goddeeris that we should do the best job possible in making the three overlay district differentiations understood by those who are signing. He also said he agrees with Triplett that we look further into the overlay district issues. Loomis said he will support Ordinance No. 1204 because all regulations have been met.

ALL YEAS MOTION CARRIED

CITY OF EAST LANSING, MICHIGAN

ORDINANCE NO. 1204

AN ORDINANCE TO AMEND THE ZONING USE DISTRICT MAP OF CHAPTER 50 - ZONING - OF THE CODE OF THE CITY OF EAST LANSING

THE CITY OF EAST LANSING ORDAINS:

The Zoning Use District Map is hereby amended to rezone the following properties to the R-O-l Residential Rental Restriction Overlay District:

Street Address Parcel No. Street Address Parcel No. 512 E Oakwood Dr 33-20-01-13-107-019 509 University Dr 33-20-01-13-107-010 518 E Oakwood Dr 33-20-01-13-107-014 515 University Dr 33-20-01-13-107-009 519 E Oakwood Dr 33-20-01-13-106-006 525 University Dr 33-20-01-13-107-008

1464 522 E Oakwood Dr 33-20-01-13-107-015 526 University Dr 33-20-01-13-108-013 528 E Oakwood Dr 33-20-01-13-107-016 531 University Dr 33-20-01-13-107-007 535 EOakwoodDr 33-20-01-13-106-007 532 University Dr 33-20-01-13-108-014 538 EOakwoodDr 33-20-01-13-107-017 538 University Dr 33-20-01-13-108-015 541 E Oakwood Dr 33-20-01-13-106-008 539 University Dr 33-20-01-13-107-006 544 University Dr 33-20-01-13-108-016 503 W Oakwood Dr 33-20-01-13-105-014 545 University Dr 33-20-01-13-107-005 515 WOakwoodDr 33-20-01-13-105-013 550 University Dr 33-20-01-13-108-017 520 WOakwoodDr 33-20-01-13-106-001 609 University Dr 33-20-01-13-107-004 521 W Oakwood Dr 33-20-01-13-105-012 610 University Dr 33-20-01-13-108-018 527 W Oakwood Dr 33-20-01-13-105-011 619 University Dr 33-20-01-13-107-003 530 W Oakwood Dr 33-20-01-13-106-009 633 University Dr 33-20-01-13-107-002 531 WOakwoodDr 33-20-01-13-105-010 810 W Grand River Ave 33-20-01-13-108-012 543 Oakwood Dr 33-20-01-13-105-009 916 W Grand River Ave 33-20-01-13-107-011 612 Oakwood Dr 33-20-01-13-107-018 942 W Grand River Ave 33-20-01-13-106-005 640 Oakwood Dr 33-20-01-13-107-001 1002 W Grand River Ave 33-20-01-13-106-004 641 Oakwood Dr 33-20-01-13-105-008 1008 W Grand River Ave 33-20-01-13-106-011 1016 W Grand River Ave 33-20-01-13-106-010 Vac N HaITison Ave 33-20-01-13-108-002 1020 W Grand River Ave 33-20-01-13-106-002 Vac N Harrison Ave 33-20-01-13-108-003 1040 W Grand River Ave 33-20-01-13-105-015 509 N Harrison Ave 33-20-01-13-108-011 1042 W Grand River Ave 33-20-01-13-105-016 519 N Harrison Ave 33-20-01-13-108-010 1054 W Grand River Ave 33:-20-01-13-105-001 529 N Harrison Ave 33-20-01-13-108-009 603 N Harrison Ave 33-20-01-13-108-007 618 Kensington Rd 33-20-01-13-105-002 611 N Harrison Ave 33-20-01-13-108-006 626 Kensington Rd 33-20-01-13-105-003 615 N Harrison Ave 33-20-01-13-108-005 640 Kensington Rd 33-20-01-13-105-004 627 N Harrison Ave 33-20-01-13-108-004 650 Kensington Rd 33-20-01-13-105-005 839 Wildwood Dr 33-20-01-13-108-001 1015 Wildwood Dr 33-20-01-13-105-007 1025 Wildwood Dr 33-20-01-13-105-006

Item 15 Public Hearing - Gaslight Village Site Plan Modification

Consideration of a Modified Site Plan Approval application from Branoff Investment Group, LLC for Gaslight Village. The site plan for the 12.3 acre parcel, located at 6210 Abbot Road, consists of 60 dwelling units and approximately 18,000 sq. ft. of retail space, including 40 townhouse units and 20 apartment units, marketed as condominiums. The proposed modification would change the conditions of approval to allow a family or three unrelated occupants to rent an apartment unit. On January 28,2009, with seven (7) members present the Planning Commission voted 6 to 1 to recommend Council approve the application.

Andrew Branoff, 3757 Kiskadee Drive, answered questions from Council regarding current condo owners, current number of occupied units, correspondence from Chase Bank, and length of leases.

Loomis opened the public hearing on modified site plan application from Branoff Investment Group LLC for Gaslight Village to change the conditions of approval to allow a family or three unrelated occupants to rent an apartment unit.

1465 Seeing no one come forward, Loomis closed the public hearing.

It was moved by Peters and seconded by Triplett to approve the application from Branoff Investment Group for a modification to the approved site plan for Abbot Road Real Estate Development, LLC.

Goddeeris said she is troubled that this has moved into an apartment style development and is not in support of this motion.

Beard said he is not in support of this motion. He said this development was proposed for total owner-occupancy and this is not a location where we want rental units. He said he is comfortable with two unrelated as a stop-gap to ride out tough economic times, but with three unrelated occupants there will be little incentive to convert these back to owner-occupancy.

Triplett said the original project was envisioned as owner-occupied, but the role of Council is to consider the broader impact on the community. He said it does not serve the community's interest to have these units sitting vacant and for the structure to fall into disrepair.

Peters said he shares some of the concerns of his colleagues, but he also feels the two-year lease provision will draw a longer term tenant than other residential rental units in the area. He said he strongly urges the developer to approach the two current condominium owners in good faith and see what can be worked out so they are not left in a negative position.

Loomis said he previously voted for this project as for-sale condominiums. He said he has a concern with mixing for-sale housing above retail office space in a non-urban setting. He said he will be voting in favor of this modified site plan or else this project could remain unsold or unleased.

YEAS-3 NA YS - 2 Beard, Goddeeris MOTION CARRIED

Item 16 Public Hearing - Ordinance No. 1215

Consideration of Ordinance No. 1215; an Ordinance to amend Section 8-67 of Division 2 - Licenses Generally - Article II - Licenses and Fees Generally and Sections 8-381, 8-382, 8-383,8-384,8-386,8-387,8-388,8-389,8-394 of Division 1 - Generally - and Section 8-422 of Division 2 - Business License - of Article VI - Taxicabs of Chapter 8 - Businesses - of the Code of the City of East Lansing.

Loomis opened the public hearing on Ordinance No. 1215.

Seeing no one come forward, Loomis closed the public hearing.

It as moved by Goddeeris and seconded by Peters to approve Ordinance No. 1215, with amended subsections as listed in the Council agenda packet.

YEAS-3 NAYS - 2 Beard, Triplett MOTION CARRIED

1466 CITY OF EAST LANSING ORDINANCE NO. 1215

AN ORDINANCE TO AMEND SECTION 8-67 OF ARTICLE II AND SECTIONS 8-381, 8-382, 8-383, 8-384, 8- 386, 8-387, 8-388, 8-389, 8-394 OF ARTICLE VI - TAXICABS OF CHAPTER 8 - BUSINESSES - OF THE CODE OF THE CITY OF EAST LANSING.

THE CITY OF EAST LANSING ORDAINS:

Section 8-67 of Division 2 - Licenses Generally - Article II - Licenses and Fees Generally and Sections 8-381,8-382,8-383,8-384,8-386,8-387,8-388,8-389, 8-394 of Division 1 - Generally - and Section 8-422 of Division 2 - Business License - of Article VI - Taxicabs - of Chapter 8 - Businesses - of the Code of the City of East Lansing are hereby amended to read as follows:

Sec. 8-67. Suspension, revocation or denial. Any occupational license or permit issued by the city may be suspended, revoked, or denied by the city manager for cause. (1) Any person aggrieved by such action shall have the right to a hearing before a hearings officer appointed by the mayor, provided a written request thereof is filed with the city clerk within five business days after receipt of said notice of such suspension. The hearing shall commence within 20 days after the request is received by the city clerk. (2) At least ten days prior to the hearing, such person shall receive a reasonably definitive statement of the charges against himlher and/or the reasons for the suspension or revocation. (3) The hearing officer shall: a. Hear and receive testimony and all relevant and material evidence offered by the city in support of such action. b. Allow the licensee to be present with or without counsel and rebut evidence offered against himlher. c. Allow the licensee to cross examine witnesses and also produce witnesses and evidence in his/her own behalf. d. Give full and fair consideration of all the evidence presented. e. Within 20 days following completion of the hearing, prepare and file with the council a proposed decision containing the reasons thereof of each issue of fact and law which supports such decision. (4) Upon receipt of the hearing officer's report and proposed decision, the city council may reject, modify, or stay the action within 20 days of receipt of the report, otherwise the hearing officer's decision shall become final. Any decision made by the council shall be final. (5) Upon suspension or revocation of any license or permit, the fee thereof shall not be refunded.

1467 (6) Except as otherwise specifically provided in this Code, any licensee whose license or permit has been revoked shall not be eligible to apply for a new license for the trade, profession, business, or privilege for a period of one year after such revocation.

Sec. 8-381. Definitions. Unless it appears from the context that a different meaning is intended, the following definitions shall apply in the interpretation of this article: Street means and includes any street, alley, avenue, court, lane, or public place in the city. Taxicab means and includes any vehicle, including but not limited to a human or animal powered vehicle, engaged in the business of carrying persons for hire, whether the same is operated from a street stand or from a garage, where no regular specified route is traveled, but passengers are taken to and from such places as they may designate; provided, that automobiles used exclusively as hearses, funeral cars, ambulances, hotel buses, sightseeing buses, or motor buses shall not be construed to be within the meaning hereof.

Sec. 8-382. License tag. When such license shall be granted, there shall be issued a plate, tab, or decal in a form approved by the chief of police to be affixed in the lower lefthand side of the windshield to all taxicabs operating under such license, which shall bear the decal number of the taxicab and the design of which shall be changed annually.

Sec. 8-383. Driver's license. No person, whether owner or employee, shall drive a public taxicab within the city without having first obtained a license as a public driver. (1) (a) Initial Application; contents; approval; fee. Application for a city public driver's license shall be made upon fonns supplied by the office of the city clerk, shall have attached thereto one set of full fingerprints, a copy of a valid chauffer's license; a current photograph in passport form; and such applicant must state thereon that they are a citizen of the United States; or a noncitizen permitted to work in the United States under federal laws; a resident of the state; 18 years of age and upwards; of good moral character; able to operate a motor vehicle safely; able to read, write, and speak the English language; and not addicted to the use of intoxicating liquors or to drugs. Applicant shall submit an affidavit stating applicant's illegal drug use and arrest history for the prior year, which application shall be subscribed and sworn to before a notary public and filed with the city clerk. Applicant shall submit to the city clerk the results of a drug screening. The submission must be a minimum of a five panel screen and the results must be negative as to all panels. The screen shall be completed not more than fifteen days prior to submission of application. The screen must be conducted at a screening agency which has been authorized by the city. Upon approval of such application by the chief of police and the payment to the city clerk of

1468 a fee to be established by resolution of the city council, a city public driver's license shall be granted to such applicant by the city clerk.

(b) Renewal Application; content; approval; fee. Application for a renewal of a city public driver's license shall be made upon forms supplied by the office of the city clerk, shall have attached a copy of a valid chauffer's license and a current photograph in passport form; and such applicant must state thereon that they are a citizen of the United States; or a noncitizen permitted to work in the United States under federal laws; a resident of the state; of good moral character; able to operate a motor vehicle safely; able to read, write, and speak the English language; not addicted to the use of intoxicating liquors or to drugs. Applicant shall submit an affidavit stating applicant's illegal drug use and arrest history for the prior year, which application shall be subscribed and sworn to before a notary public and filed with the city clerk. Applicant shall submit to the city clerk the results of a drug screening. The screen must be a minimum of a five panel screen and the results must be negative as to all panels. The screen shall be completed not more than fifteen days prior to submission of the renewal application. The screen must be conducted at a screening agency which has been authorized by the city. Upon approval of such application by the chief of police and the payment to the city clerk of a fee to be established by resolution of the city council, a city public driver's license shall be granted to such applicant by the city clerk. Upon expiration of a renewal application, applicant must file an initial application, pursuant to Section 8-383(1)(a). (2) Form. The city public driver's license granted hereunder shall be in such fOlm as to contain a true photograph of the licensee, the licensee's printed name and license expiration date. (3) Display. Upon the issuance of such city public driver's license, persons engaged in employment as a public driver must continually and conspicuously display said license in a manner in which the license is visible to all customers or occupants of the taxicab. (4) Records. A complete copy of each application filed and each license issued hereunder, together with record entries, renewals and revocations thereof shall be kept on file in the office of the city clerk. (5) Revocability for cause. The city council may revoke such license at any time hereafter for proper cause.

Sec. 8-384. Unlicensed drivers not to operate taxicabs. It shall be unlawful for any person licensed hereunder as the owner or operator of a taxicab to permit the use of such taxicab on the streets of the city by anyone except a driver with a valid city public driver's license employed by such operator or owner with a valid city business license, provided the chief of police may issue a temporary permit pending completion of investigation.

1469 Sec. 8-386. Taximeters. Every public taxicab driven upon the streets of the city seating seven passengers or fewer shall have affixed thereto a taximeter of a size and design approved by the mayor and chief of police; and the following requirements shall be complied with: (l) No person shall use or permit to be used any taxicab upon which a taximeter complaint has been made until the taximeter attached thereto has been inspected and found to be accurate. (2) No person shall use or permit to be used upon any taxicab a taximeter which shall be in a condition as to be over five percent incorrect to the prejudice of any passenger. (3) No taximeter affixed to a public taxicab propelled by steam, gasoline, or electricity or other motor power shall be operated from any wheel to which the power is applied. (4) After sundown the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon. (5) No person shall use, or permit to be used, or drive for hire a public taxicab equipped with a taximeter the case of which is unsealed and not having its cover and gear intact. (6) No driver of the public taxicab, equipped with a taximeter, while carrying passengers or under employment, shall display the signal affixed to such taximeter or other similar device in such position as to denote such vehicle as not employed, or in such position as to denote that he/she is employed at a rate of fare different from that which he/she is entitled under the provisions of this article. (7) No person shall drive a public taxicab to which is attached a taximeter that has not been duly inspected and approved. (8) All taximeters shall be inspected on the complaint of any citizen, as often as may be necessary. Such inspection shall be under the supervision ofthe chief of police.

Sec. 8-387. Uniform fares. No driver or owner of any taxicab, licensed as aforesaid, shall demand for carrying passengers more than the uniform fare filed with the city clerk pursuant to Sec. 8-422(f). Any person as driver or owner of a taxicab violating any provision of this section, upon conviction thereof, shall be punished as provided in chapter 1 of this Code.

Sec. 8-388. Posting of fares and business name. Every taxicab operated in the city shall have posted in it a printed schedule of the rates in effect, the letters and figures of such printed schedule to be not smaller than 11 point type. Every taxicab operated in the city shall have the name of the taxicab company permanently affixed to the exterior of the taxicab in such a manner that the display is conspicuous to pedestrian or vehicular traffic.

1470 Sec. 8-389. Receipt for payment of fare. The owner, or driver, or chauffeur, or person in charge or control of a taxicab kept for hire, shall, upon demand, deliver to the person paying for the hire of the same at the time of such payment a receipt therefor, this receipt to contain in legible type or writing, the name of the company, city license number, all items for which a charge is made, the total amount paid, and the date of payment.

Sec. 8-394. Miscellaneous unlawful acts. It shall be unlawful for any person: (1) To drive any taxicab while under the influence of intoxicating liquor or drug, or to use or drink any intoxicating liquor or drug whatsoever while engaged in operating such taxicab. (2) To use any portion of the public street or alley as a taxicab stand or to permit a taxicab in his/her charge to stand upon any portion of the public street, except for such time as is necessary to load or unload passengers, except in such portion of the street or alley as shall have been designated by the chief of police as a taxicab stand. (3) When such person is the licensee owner of a taxicab which is involved in an accident, to fail to immediately notify the chief of police of such accident when the accident results in loss of life or injury to passengers, employees, or other persons. (4) To travel up and down the streets soliciting customers, commonly referred to as "cruising." (5) To drive or pennit any driver to be on duty for more than 12 hours in one day or more than 72 hours in one week. (6) To procure, or transport, or to aid, or abet in the procuring or transportation of any intoxicating liquor. (7) To allow any taxicab to be used for immoral purposes, or to procure or aid in procuring any person for immoral purposes, or to allow any person in any taxicab while the same is at any stand or upon any street waiting for customers. (8) To operate more than the number oftaxicabs specified in the application for license or to operate taxicabs in excess of the number authorized by the city council. (9) To drive any person in any taxicab to the place to which such person wishes to go, except by the most direct and safe route. (10) To obtain either a business license, taxicab decal, or city public driver's license through fraud, false pretenses or other illegal means. (11) To offer false information on the initial application, renewal application or attachments thereon. (12) When any entry on such license has been defaced, renewed, or obliterated, or the licensee fails to display his/her city public driver's license.

1471 (13) To drive any taxicab without the name ofthe taxicab company permanently affixed to the exterior of the taxicab in such a manner that the display is conspicuous to pedestrian or vehicular traffic.

Sec. 8-422. Qualifications of applicant. (a) The city clerk is hereby authorized to grant such licenses for the purpose aforesaid to any citizen of the United States, or any non-citizen permitted to work in the United States under the federal laws, who is a resident of the state and of the age of 18 years or more, and of good moral character, or to any corporation or copartnership authorized to operate taxicabs in accordance with the laws of the state, subject to the following conditions hereinafter set forth. (b) In the determination by the city council of the number of taxicabs required to provide for the public convenience and necessity, the council shall consider the following: (1) The effect on traffic congestion, parking, and safety of the public streets. (2) The effect upon working conditions and wages or other compensation paid to drivers of taxicabs of existing holders of licenses. (3) Whether persons holding licenses for the operation of taxicabs are, under normal conditions, adequately serving the public. (4) The resulting effect upon the business of the then-existing holders oflicenses and upon the existing agencies of mass transportation. (5) Whether the requirements of public convenience and necessity can be adequately met and complied with only by the issuance of licenses to additional applicants. Upon applications for additional taxicab licenses upon which the council has determined that public convenience and necessity requires the issuance of additional licenses, the council shall advise the licensed operators of taxicab transportation within the city upon the date of such applications that it has determined such public convenience and necessity requires the issuance of additional licenses and the number thereof, and that such licensees have 90 days from the date of such determination to supply such additional transportation, and upon their failure to do so within such period, the council may issue such additional licenses as such convenience and necessity requires. (6) Upon applicant's executing and filing with the city clerk a bond to the city in the sum of$5,000.00, with proper and adequate sureties, conditioned that each taxicab will be operated in accordance with the provisions of the laws of the state and the Charter and ordinances of the city, and that any judgment rendered in any court against such applicant or the driver of any taxicab, arising out of damage or injury to any person or property caused by the negligent operation of any such taxicab, will be paid. Any person indemnified by the negligent operation of any taxicab belonging to the applicant, whether operated on lease from the applicant or otherwise, may, in the name of the city but at his own sole costs and charges, institute an action upon the same. (c) Further, upon filing with the city clerk proper evidence, which shall include a copy of the policy, that the applicant has procured insurance in an insurance company permitted to do business in the state, which insurance contract guarantees the payment of that part of any judgment against the applicant or an individual driver of any such taxicab, over

1472 and above the initial sum of $5,000.00, with a minimum liability on the part of such insurance company of$100,000.00 for anyone person and $300,000.00 for anyone accident and $50,000.00 for any property damage, which such insurance contract shall cover any liability, or bodily injuries, or death occurring from the negligent operation of any such taxicab. (d) Such policy shall bear an endorsement to the effect that the insurance company shall notify the city clerk at least ten days before the expiration of such policy, whether by way of cancellation or limitation of term. ( e) Filing with the city clerk the number of taxicabs to be operated under such license if granted and a description of each, including the maker's name, VIN number, model, year, and license number. (f) Filing with the city clerk the uniform rate that will be charged by taxicabs under such license. (g) Payment to the city clerk of a fee to be established by resolution of the city council for each taxicab to be kept and used as aforesaid for public hire.

Item 17 Public Hearing - Ordinance No. 1217

Consideration of Ordinance No. 1217; an Ordinance to amend Section 4-4 of Chapter 4- Animals - of the Code of the City of East Lansing to allow the keeping of chickens.

Dennis McGinty, City Attorney, briefed Council on the Michigan Right to Farm Act and on an informal review of the Ordinance by the Department of Agriculture. McGinty said as a result he added subsection (7) to Section 4-4 (e).

Loomis opened the public hearing on Ordinance No. 1217.

Seeing no one come forward, Loomis closed the public hearing.

It was moved by Triplett and seconded by Peters to amend Ordinance No. 1217 by inseliing subsection (7) to Section 4-4 ( e) with the language outlined by the City Attorney.

ALL YEAS MOTION TO AMEND CARRIED

It was moved by Beard and seconded by Triplett to approve Ordinance No. 1217, as amended.

Beard said this will be an education for citizens and will allow residents a chance to harvest fresh eggs for their table.

Loomis said young Mr. Kepler Domurat-Sousa said everything that Loomis had to say and expressed his sentiments exactly.

ALL YEAS MOTION CARRIED

1473 CITY OF EAST LANSING

ORDINANCE NO. 1217

AN ORDINANCE TO AMEND SECTION 4 - 4 OF CHAPTER 4 - ANIMALS - OF THE CODE OF THE CITY OF EAST LANSING TO ALLOW THE KEEPING OF CHICKENS.

THE CITY OF EAST LANSING ORDAINS:

Section 4 - 4 of Chapter 4 - Animals - of the Code of the City of East Lansing is hereby amended to read as follows:

Sec. 4-4. Keeping domestic animals and fowl; feeding stray cats; leashes for dogs.

(a) Except as provided in this section, no person shall keep or house any animal, bird, or reptile within the city except dogs, cats, canaries, or other animals which are commonly kept and housed inside dwellings as household pets, and in all cases with regard to dogs or cats no person or persons shall keep or house more than four dogs or four cats or a combination making a total of four of both within any dwelling within the city. No dog shall be kept, restrained, confined, or housed in the front yard unless attended by a person who is present in the front yard of any single-family or two-family residence. Horses may be kept for private use in those areas of the city zoned agricultural.

(b) No person shall place outdoors, or in any other place readily accessible by stray cats, more than one-half pound per day of cat food or food intended for consumption by cats.

(c) No person shall have at any time outdoors on their property or property leased by them, or in any other place readily accessible by stray cats, more than one-half pound of cat food or food intended for consumption by cats.

(d) No person owning or in control of any dog shall allow the dog to enter upon any public sidewalk, street, or any other public property unless the dog is being held by a person with a leash or electric leash except as may be otherwise permitted by park rules.

(e) Notwithstanding paragraph (a) of this section, persons may keep chickens if done so in conformity with all of the following.

(1) Any person who keeps chickens in the City shall obtain a permit from the City prior to acquiring the chickens. Application shall be made to the City Clerk with a fee as determined by Council resolution.

(2) Permits expire and become invalid 5 years after the date of issuance. A person who wishes to continue keeping chickens shall obtain a new permit on or before the expiration date of the previous pennit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.

1474 (3) Notwithstanding the issuance of a pennit by the City, private restrictions on the use of property shall remain enforceable and take precedence over a pennit. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. A pennit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.

(4) A person who keeps or houses chickens on his or her property shall comply with all of the following requirements:

a. Have been issued the pennit required under subsection (1) of this section. b. Keep no more than 4 chickens. c. The principal use of the person's property is for a single- family dwelling. d. No person shall keep any rooster. e. No person shall slaughter any chickens. f. The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or an adjoining fenced enclosure at all times. Fenced and covered enclosures are subject to all provisions of Chapter 50 (Zoning). g. A person shall not keep chickens in any location on the property other than in the backyard as defined by the zoning code. h. No covered enclosure or fenced enclosure shall be located closer than 10 feet to any property line of an adjacent property; 1. All enclosures for the keeping of chickens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure or fenced enclosure shall not be located closer than 40 feet to any residential structure on an adjacent property. j. All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.

(5) If the above requirements are not complied with, the City may revoke any pennit granted under this section and/or initiate prosecution for a civil infraction violation. Each day a violation exists shall constitute a separate offense.

(6) A person who has been issued a permit shall submit it for examination upon demand by any Police Officer or Code Enforcement Officer.

1475 (7) This section shall not regulate the keeping of chickens in those areas . zoned Residential Agricultural District, RA, or Agricultural - A, where the raising of poultry is a pennitted principal use when conducted in compliance with the Michigan Right to Fann Act and the Generally Accepted Agricultural and Management Practices promulgated thereunder.

Item 18 Public Hearing - Ordinance No. 1216

Consideration of Ordinance No. 1216; an Ordinance to amend Sections 26-52 - Prohibited Acts and 26-53 - Possession or Consumption of Alcohol by Underage Person - of Division 2 - Disorderly Conduct - of Article II - Offenses Against Public Peace and Order - of Chapter 26 - Offenses - of the Code of the City of East Lansing, to clarify what it means to remain at a riot with the intent to advance its purpose, to make illegal the act of throwing glass objects onto streets or sidewalks and to confonn the minor in possession of alcohol laws to State laws.

Tom Yeadon, Assistant City Attorney, briefed Council and answered questions on Ordinance No. 1216. Yeadon reviewed a list oflocal organizations which have given or are scheduled to give input on the Ordinance.

Loomis opened the public hearing on Ordinance No. 1216.

James Anderson, 968 Roxburgh, spoke in opposition to Ordinance No. 1216.

Seeing no one else come forward, Loomis closed the public hearing.

Loomis said continuation of public hearing on Ordinance No. 1216 will take place on March 17,2009.

Item 19 Consent Agenda

City Manager Ted Staton reviewed the Consent Agenda:

1. Approval ofa street closure request from St. John Student Parish for M.A.C. Avenue from just north of the Marriott parking entrance to Linden Street on Saturday, April 11, 2009, from 8:30 p.m. to 9: 15 p.m., with police department assistance in watching over the street closure. 2. Approval of the appointment of Andrew Branoffto the Board of Review for the remainder ofa tenn expiring on December 31,2009. 3. Approval of the appointment of Lauren Klaserner to the University Student Commission representing the Pan-Hellenic Council to a partial tenn expiring April 30,2009. 4. Approval of a resolution recognizing the centennial anniversary of the State News.

1476 5. Approval of a resolution in support of an application for the Partnership for Change: Sustainable Communities grant for a wayfinding plan for the Michigan A venue Corridor, with a total cost for the plan being $25,000 and a $4,000 match coming from the City's Major Street Fund. 6. Approval of a resolution in support of an application for the Partnership for Change: Sustainable Communities grant for a neighborhood-scale master plan for the Michigan Avenue Corridor from 1415 Michigan Avenue to US-127, with a total cost for the plan being approximately $65,000 and the match coming entirely from the City of Lansing' s Comprehensive Plan budget. 7. Set for public hearing on April 7, 2009, Ordinance No. 1213: a City-initiated rezoning for the property located at 600 East Crescent to be rezoned from U, University District, to B-2, Retail Sales Business District. It was moved by Goddeeris and seconded by Triplett to approve the Consent Agenda. ALL YEAS MOTION CARRIED

City of East Lansing, Michigan

Resolution to Recognize the Centennial Anniversary of the State News

March 10, 2009

WHEREAS, on March 10, 2009, the State News will celebrate its milestone centennial anniversary; and,

WHEREAS, Michigan State University's Student newspaper was founded as the Holcad in 1909 in response to a series of articles in the Lansing Journal that were critical of the Michigan Agricultural College student body; and,

WHEREAS, in 1925, as Michigan Agricultural College changed its name to Michigan State University, the publication became the Michigan State News; and,

WHEREAS, in 1971, the State News became a 501(c)3 organization, independent of the University, eventually assuming ownership of a building on Grand River; and,

WHEREAS, the State News employs literally hundreds of students each year teaching them about all aspects of print journalism; throughout the years the State News has been an independent vehicle for publishing student opinion and for reporting on issues of interest to the East Lansing community; and,

WHEREAS, alumni of the State News span the globe as leaders in the media, communication, advertising and business; most attribute their professional success to the invaluable experience gained by working for the State News.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Lansing hereby recognizes the centennial anniversary of the State News and celebrates our ongoing pm1nership.

1477 CITY OF EAST LANSING EAST LANSING CITY COUNCIL

RESOLUTION SUPPORTING AN APPLICATION FOR THE PARTNERSHIP FOR CHANGE: SUSTAINABLE COMMUNITIES GRANT FOR A WA YFINDING PLAN FOR THE MICHIGAN AVENUE CORRIDOR IN COOPERATION WITH LANSING AND LANSING TOWNSHIP.

WHEREAS, the City of East Lansing, in conjunction with the City of Lansing and Lansing Township have worked together to fonn a joint committee to consider the establishment of a Corridor Improvement Authority for Michigan A venue; and,

WHEREAS, the Michigan Avenue Corridor Improvement Authority Exploratory Committee has engaged the community in a planning effort which has included public meetings and surveys and has compiled the infonnation gathered into a Conceptual Development Plan; and,

WHEREAS, the draft Conceptual Development Plan includes Goal 3, Action 2, "Create and implement a wayfinding plan." and,

WHEREAS, the City of East Lansing will provide $4,000, from its major street fund toward the match for a grant to complete this plan.

NOW, THEREFORE, BE IT RESOLVED that the City of East Lansing agrees to support an application for the Partnership for Change: Sustainable Communities Grant for a Wayfinding Plan for Michigan Avenue and provide $4,000 in matching funds as well as work in partnership with the City of Lansing and Lansing Township to select a consultant and complete a plan that will be implemented as Corridor Improvement Authority funds or other funds become available.

CITY OF EAST LANSING EAST LANSING CITY COUNCIL

RESOLUTION SUPPORTING AN APPLICATION FOR THE PARTNERSHIP FOR CHANGE: SUSTAINABLE COMMUNITIES GRANT FOR A NEIGHBORHOOD­ SCALE MASTER PLAN FOR A SECTION OF THE MICHIGAN AVENUE CORRIDOR IN COOPERATION WITH LANSING AND LANSING TOWNSHIP.

WHEREAS, the City of East Lansing, in conjunction with the City of Lansing and Lansing Township have worked together to fonn a joint committee to consider the establishment of a Corridor Improvement Authority for Michigan Avenue; and,

WHEREAS, the Michigan Avenue Corridor Improvement Authority Exploratory Committee has engaged the community in a planning effort which has included public

1478 meetings and surveys and has compiled the infonnation gathered into a Conceptual Development Plan; and,

WHEREAS, the draft Conceptual Development Plan includes Goal 4, Action 3, "Identify specific areas for higher-density residential and commercial infill development and work to create neighborhood-scale master plans where applicable." and,

WHEREAS, the City of Lansing is working on its Comprehensive Plan update and has designated funds from that project that could be used as a match for this, more intense, planning effort.

NOW, THEREFORE, BE IT RESOLVED that the City of East Lansing agrees to support an application for the Partnership for Change: Sustainable Communities Grant and work in partnership with the City of Lansing and Lansing Township to select a consultant and complete a multi-jurisdictional Michigan Avenue Neighborhood-scale Master Plan that will be implemented as Corridor Improvement Authority funds or other funds become available.

Item 20 Business Agenda

1. Consideration of the Housing Commission's recommendation of a Class III rental license for 2 unrelated or a family at 1717 Cambria. The owner of record is KW Ventures, LLC (David McCardel).

It was moved by Triplett and seconded by Goddeeris to approve a conditional Class· III rental license for 2 unrelated or a family at 1717 Cambria.

David McCardel, applicant, noted a misprint on the agenda. He said the correct address for which the Housing Commission recommended approval is 1719 Cambria. The Mayor acknowledged the misprint and the motion was considered accordingly.

ALL YEAS MOTION CARRIED

2. Consideration of the Housing Commission's recommendation of a Class III rental license for 2 unrelated or a family at 249 Milford. The owners of record are George and Ann Siegle.

It was moved by Triplett and seconded by Peters to approve a Class III rental license for 2 unrelated or a family at 249 Milford.

Annette Irwin, Housing Operations Administrator, briefed Council on the application and answered questions regarding a first year conditional license.

It was moved by Goddeeris and seconded by Beard to amend the motion to a conditional Class III rental license.

ALL YEAS MOTION TO AMEND CARRIED

1479 Loomis brought Council back to the main motion of approval, as amended.

ALL YEAS MOTION CARRIED

3. Consideration of a proposed amendment by substitution to pending Ordinance No. 1203 to place certain conditions on the rezoning which have been offered by the applicant. If the amendment is adopted Council may then further consider and adopt Ordinance No. 1203 as amended.

David Pierson, 1305 S. Washington Avenue, Lansing, representing the applicant R&S Development Company, briefed Council on the proposed amendment.

It was moved by Loomis and seconded by Triplett to amend by substitution pending Ordinance No. 1203 to place certain conditions on the rezoning which have been offered by the applicant.

Goddeeris said she will be voting in favor of the amendment and thanked the applicant for addressing Council concerns for this crucial corner of the City.

Peters said this is a key corner, commended the efforts of the applicant, and said he is voting in support of the conditional rezoning proposal because of the flexibility and control it gives Council when projects come forward.

ALL YEAS MOTION TO AMEND CARRIED

It was moved by Triplett and seconded by Beard to approve Ordinance No. 1203, as amended.

Loomis thanked the applicant for listening to and working with Council during this economic climate.

ALL YEAS MOTION CARRIED

CITY OF EAST LANSING ORDINANCE NO. 1203

AN ORDINANCE TO AMEND THE ZONING USE DISTRICT MAP OF CHAPTER 50 -- ZONING -- OF THE CODE OF THE CITY OF EAST LANSING.

THE CITY OF EAST LANSING ORDAINS:

The Zoning Use District Map is hereby amended to rezone the following described area from RA Residential Agricultural and B-1 General Office Business District to B-2 Retail Sales Business District:

1480 LOTS 11, 12, 13, AND 14 OF THE SWART ACRES SUBDIVISION #1, ACCORDING TO THE RECORDED PLAT THEREOF, INGHAM COUNTY, MICHIGAN, CONTAINING 2.067 ACRES MORE OR LESS. (THE "PROPERTY")

Subject to the following conditions voluntarily offered by the applicant and accepted by the City pursuant to MCL 125.3405:

1. Principal uses otherwise permitted by right by section 50-572(1) shall be submitted and reviewed in accordance with the additional standards set forth in paragraphs 1(a) through (e) for a special use permit. An application may be approved if it meets the required conditions for site plan approval as specified in section 50-36 and the applicant makes an affirmative showing and the city finds that the application meets the following standards of review:

(a) The proposed size, height, architecfural character, and placement of new or expanded structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(b) Streets and access facilities serving the site shall be able to safely accommodate the expected traffic generated by the proposed use; the use shall not cause excessive traffic congestion or delays, obstruct access to adjacent properties, or imperil the safety of motorists, pedestrians, or bicyclists.

(c) The proposed use shall not adversely affect the use and enjoyment of adj acent properties by generating excessive noise, vibration, light, glare, odors, or any other form of pollution or nuisances.

(d) The proposed use shall not materially diminish the economic value of adjacent properties or the city as a whole.

( e) The proposed use shall not materially diminish the privacy, safety, security, or enjoyment of any residential dwelling or residential neighborhood within the vicinity of the site.

2. Approval may be subject to reasonable conditions or certain modifications necessary to ensure that the plan conforms to these requirements. Such conditions may include those necessary to ensure that public services and facilities affected by the proposed land use or activity will be capable of accommodating increased service and facility loads caused by the development, to protect the natural environment and conserve natural resources and energy, to preserve natural features, to ensure compatibility with adjacent land uses, and to promote the use of land in a socially and economically desirable manner. Such conditions shall do all of the following:

(a) Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being of those who will use the land use or activity under consideration, the residents and land owners immediately adjacent to the proposed land use or activity, and the community as a whole.

1481 (b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

(c) Be necessary to meet the intent and purposes of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration; and be necessary to ensure compliance with those standards.

3. The City Council may hold one public hearing, with notice provided in accordance with the requirements of section 103 of the Michigan Zoning Enabling Act, MCL 125.3103.

4. Principal uses permitted subject to an approved special use permit as provided by section 50-572(2) shall be permitted subject to an approved special use permit, in accordance with the terms of that section.

5. The Property shall be zoned B-2 until rezoned in accordance with section 50- 31, and the use of the Property shall be subject to these conditions so long as it remains zoned B-2.

6. The approved conditions of rezoning set forth in this ordinance or an affidavit or memorandum giving notice thereof shall be filed by the City Zoning Administrator with the Ingham County Register of Deeds.

THE CITY OF EAST LANSING FURTHER ORDAINS: that the attached map evidencing the change shall be marked and designated as Ordinance No. 1203, and that the City Clerk shall enter on the Official Zoning Map this ordinance number and the date of adoption and shall maintain a file containing a copy of this ordinance and map thereto attached, and

THE CITY OF EAST LANSING FURTHER ORDAINS: that this ordinance shall become effective seven (7) days after its adoption, but not before it is published; and

THE CITY OF EAST LANSING FURTHER ORDAINS: that this ordinance shall be published within 15 days after its adoption.

4. Consideration of a Resolution of Necessity to acquire public right-of-way for Avondale Square project.

It was moved by Peters and seconded by Beard to recuse Triplett from discussion and action on this item, in keeping with Triplett's disclosure statement of June 3, 2008.

ALL YEAS - Beard, Peters, Goddeeris, Loomis MOTION CARRIED

Triplett stepped away from the Council table and sat in the audience.

1482 It was moved by Loomis and seconded by Beard to defer action on a Resolution of Necessity until April 7, 2009.

ALL YEAS - Beard, Peters, Goddeeris, Loomis MOTION TO DEFER CARRIED

Triplett returned to the Council table.

Item 21 Adjournment

It was moved by Beard and seconded by Goddeeris to adjourn.

ALL YEAS MOTION CARRIED

There being no further business the meeting was adjourned at 10:37 p.m.

Victor W. Loomis, Jr. Nancy O. Wagner Mayor Administrative Secretary

1483

Attachment B

PLANNING & COMMUNITY DEVELOP:MENT Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

I~ (I FROM: Darcy C. Schmitt, Planning and Zoning Administrator ~

DATE: March 13,2009

SUBJECT: 1315 Abbot Road - Eastminster Presbyterian Church

City of East Lansing PLANNING & Eastminster Presbyterian Church has submitted a Site Plan and Special Use Permit COMMUNITY DEVELOPMENT application for approval to construct two small additions to their existing building at 410 Abbot Road East Lansing, MI 48823 1315 Abbot Road. The additions would include an entry vestibule at the southeast

(517) 319-6930 corner and an elevator at the northwest corner of the existing bUilding. The property www.cityofeastiansing.com is approximately 8.7 acres and is zoned RM-22, Medium Density Multiple Family Residential. On February 11, 2009, with five (5) members present the Planning Commission voted unanimously to recommend that Council approve the application.

Please forward the attached referral packet to the City Council for consideration on March 17, 2009.

CITY OF EAST LANSING The Home of Michigan State University

February 18,2009

The Honorable Victor W. Loomis, Jr. East Lansing City Council 410 Abbot Road East Lansing, MI 48823

Dear Mayor Loomis and Council Members:

At its February 11, 2009 meeting, with five (5) members present, the East Lansing Planning Commission took action on the following:

An application from Eastminster Presbyterian Church for Site Plan and Special Use Permit approval to construct a new vestibule and elevator for their building at 1315 Abbot Road. The 8.7 acre site is 410 Abbott Road East Lansing, MI48823 currently zoned RM-22, Medium Density Multiple Family Residential.

(517) 337-1731 Because the proposed development meets all applicable ordinance requirements and Fax (517) 337-1559 www.cityofeastlansing.com the church additions are not expected to have a negative impact on the surrounding residential properties, the Planning Commission voted unanimously to recommend approval of the Special Use Permit and Site Plan subject to the following conditions:

1. Final grading, soil erosion control, paving and utility plans (if applicable) for the site shall be approved by the City Engineer in accordance with all applicable local requirements.

2. The project shall be designed and developed in accordance with all applicable State and local statutes, codes and regulations.

3. No daycare is permitted on the site at this time and no additional seating is being approved at this time for the main sanctuary, based on the floor plans reviewed and the parking that is provided on the site.

Copies of the staff report and meeting minutes are attached for your consideration.

Thank you for your consideration of this recommendation. ~:IIf'V~~P' Dale . Springer, Chairperson East Lansing Planning Commission

Attachments

RECEIVED

CITY OF EAST LANSING JAN 1 5 2009 2-12-06 LAND USE DEVELOPMENT APPLICATION "!..ANN/NG &COMMUNITY DEVELOPMENT CllY OF WT LANSING PROPERTY ADDRESS

PARCEL ID. NO(S).

PROPERTY OWNER: (or Its legal representative) Mailing Address:

Phone Numbers: Office: 5n· ~~ '0 8c::t~ Cell: Fax: Sl1. '1;?1- ~4S() E-mail Address:eeL"?+n... aHcr:e~¥iE ...... ne;+ DJQ:Q110 t{lJ5otJ @Hon18(L ."wfl,1

APPUCANT: (If not property owner) Mailing Address:

Phone Numbers: OffIce: Cell: Fax: '------~------E-mail Address:

LEGAL STANDING: (If non-owner applicant) DESIGN CONSULTANT:

Mailing Address:

Phone Numbers: Office: 2.4t. 41fo· 3'=>14- Cell:______Fax: '2.4&. 'nrc, . '3,4-

E-mail Address:

Note: The property owner, applicant and design consultant, as identified above, will be mailed copies of meeting agendas, staff reports and other official communications related to this appUcation. If co-appllcants or additional consultants are involved and should also receive these materials, please list their name and mailing address on the back of this fonn.

PROPOSED ACnON{S): Ve:.

I (we) hereby grant permission for members of the East Lansing City Council, its Planning Commission, Its staff and its consultants the right to enter onto the property described in this application in my (our) absence for the purpose of gathering information, including but not limited to the taking and use of photographs.

Please check one: rif' Yes 0 No By the signature(s) below, I (we) certify that the information provided in this application, including the accompanying plans and other documentation is, to the best or my (our) knowledge, true and accurate.

~~~~~~~~-O~DOat1/a1n (man to iil Applicant Date

~_ ' ~ ;ll,~ SUBMIT TO: Department of Planning & Community Development ~?~..f IYJ/~ 5K4 ' East lansing City Hall, Room 222, 410 Abbott Road, East Lansing, Ml48823 Pi.i?~ 6r ~e/'( t·C'~~~~~ Fax: 337-1607 E-mail: [email protected] Land Use Summary Information 7·25·05 (to be submItted as part of application)

Application:

Existing Site Conditions Acreage Square Footage

Total Site Area 1 8.10 '3'18.1foDJ Net Site Area 2 a.tO Wetland Area

Proposed Site Conditions Square Footage Percent of Site 3 Building Coverage (all structures) ~,"~4 2. (iO % Roads. driveways and parking spaces 4') .25'=' 1'3·0 % Sidewalks, patios, other impervious surfaces

Total Ground Coverage 4 ~~,o1'i l~.~%

Wetland area to be preserved Wetland area to be filled or drained Proposed wetland mitigation area

Proposed Development Parameters

Nonresidential Uses Gross Froor Area Net Floor Area Total Floor Area \"1, tCq~ \ 1, '2.<2>0 Basement '.480 I t lo '2. First Floor Second Floor Other Floors Other Elements:

Residential Uses Total Number Ave. Floor Area Efficiency Units One-bedroom Units Two-bedroom Units Three-bedroom Units Other Units

Parking Spaces Provided Total Number Total Spaces ~Ga Small Car Spaces o Barrier-free Spaces 1

Prepared by: ~ot--1 ALP A - C IE? l-~ , p..,,,, Date: 01-\3-0&

1 Based on legal description andlor current survey 2 Excluding existing street rights-at-way 3 Based on Net Site Area 4 Buildings and all impervious surfaces J ______~~-- .. _----- o 151~ 15141515:~-r)'4r ~--.- '-;:~J'-" N JL.. Y _. .~ 1532 ., , ::::J w --.J . --.J! ~ ~g ~1526 1505 (,() (,() (,() 0::: 1528 g ~ 151 e 1510 1505, 8: 1504 ~ ~ • ~ ~. ~ ~!: ~ Current Zoning 1503 LOREE' , ... ~ BAINBRIDGE DLl) DR. z R. ..-- Ll) ,...... C'J o 1'0 1'0""""" ,...... Ll) 1'0 Ll) .,...... 0> ~611-601 56 7--55 1'0 1'0 1'0 C'J . C'J..-- 0 o 1'0 C'J :"--0 0 C'J C'J C'J C'J N ~ ~ .....- CJ I '. 7

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~c;t4112 23 PLAC~ lC) 220 212 E 202 ' ~ . C'J ...- (j) 1'0 ..q- »- 1'0 -2QiH; . ) EAST ~ '" ~. 1500 ) 1.0 oz. 1'0 ,...... , ~ t" om C'J ..-- ,~/' ,'" 1400 1'0 1'0 \J <0 . ~<"\, C) "oa ,'" . '" \-L- 217 211 D'~~ ~., ~.. , ~RMa_~i7 ...... , , 08610 " °zTO 6 - §6 G"J600 500-54 - --1. :::r: ~"'Ol» :s:::: -1'0 =>0 WOODINGH D(,() PLACE 1310 B~ ~ LN PINOAK L Rl\ 1305 RD. Rl\132'

q~ Ll) co co ...- 1'0 co Ll) co 0 co ...- ~ESS LN. (,() C'J co 0 Bl 1'0 C'J C'J 1'0 C'J C'J C'J I~ co 1'0 o 1'0 ..-- ) \Rt..t.. \..~ ..q- I ,...... 0> 1'0 1'0 C'J Ll) (,() C'J C'J C'J 1169 .1176 C'J ..q- Ll)Ll) 1134 C'J : 0::::: i i"-- o C'J 113~ :~ 0; . o ..q-: 1'0 C'J...-- ..-- 1'01'01'01'0 112931126 <"" 1155 '1166 1155. 61 <"" <""

Department of Planning & Staff Contact: Timothy R. Schmitt Community Development Phone No.: 517-319-6828 PC Agenda: February 11 , 2009

STAFF REPORT February 6, 2009 Special Use Permit/Site Plan Application 1315 Abbot Road (Eastminster Presbyterian Church)

SUBJECT

An application for Special Use Permit and Site Plan approval from Eastminster Presbyterian Church to construct a new vestibule and elevator for their building at 1315 Abbot Road. The 8.7 acre site is currently zoned RM-22, Medium Density Multiple Family Residential.

EXISTING CONDITIONS

The property in question is located on the west side of Abbot Road, north of Saginaw Highway. Eastminster Presbyterian Church already occupies the site, with an approximately 20,000 square foot building located on the 8.7 acre site. The building is located near the center of the site, which is well over 1,000 feet deep. The site is zoned RM-22, Medium Density Multiple Family Residential. The zoning and land use in the surrounding area is mixed. To the north is an apartment complex that is also zoned RM-22. To the east, across Abbot Road, is Reno's East restaurant and a number of large office buildings, all of which are zoned B-2, Retail Sales Business DistriCt. To the south is the Michigan Medical SOCiety headquarters, which is zoned B-1, General Office Business District, and a number of condo and apartment complexes that are zoned either RM-54, University Oriented Multiple Family Residential, or RM-32, City Center Multiple Family Residential. To the west is an additional apartment/condominium complex that is zoned RM-8, Planned Unit Development District.

PROPOSED DEVELOPMENT

The applicant is proposing minor modifications to the existing building on the site. At the southeastern corner of the building, the existing covered porch will be enclosed with windows, creating a large narthex area in the main entry of the building. Additionally, a small vestibule will be added as the main entrance to the building. At the northwest corner of the building, an elevator is proposed to be added, allowing barrier free access to the second floor of the building. There are no proposed changes to the parking lot or other areas of the building.

PRELIMINARY STAFF REVIEW - Site Plan Staff Report 1315 Abbot February 6, 2009 Page 2

A site plan application must meet the specific use and dimensional standards of the zoning district in which it is to be located and a number of other required conditions for development specified in the Zoning Code. A site plan application must substantially comply with the general standards of review specified in Sec. 50-38 of the Code. A site plan must also comply with other applicable local ordinances and state and federal statutes, and be consistent with the objectives of the City's Comprehensive Plan. A site plan may be approved subject to certain conditions or modifications necessary to bring the plan into conformance with these requirements, including the approval of any variance that may be granted by the Zoning Board of Appeals.

A. Zoning District Standards

The RM-22 District generally permits multiple family residential uses. Churches are permitted in all residential districts, subject to an approved Special Use Permit. For all uses requiring a Special Use Permit, administrative approval is not permitted for changes of any size. The application meets the applicable required conditions of the RM-22 District.

Additionally, churches have modified setback requirements from the traditional standards from the district in which they are located. A church building is required to be setback based on the height of the building. Eastminster Presbyterian Church does not exceed two stories in height and is setback substantially more than the minimum requirements, meeting both the district requirement and the additional requirement of a church as a Special Use.

B. General Standards of Review for Site Plan Approval (For a detailed list of the standards, please see Sec. 50-38 of the Code)

(1) General site conditions. The site shall be designed and developed to provide a logical relationship between functional elements, to effectively serve the purposes for which it is to be developed, and to be reasonably compatible with surrounding properties.

The site is already fully developed and the additions are compatible with the surrounding properties. The main entrance is pushed towards Abbot Road, away from the more residential areas in the west. The elevator will be located near the stairs inside the building, opposite the main entrance.

(2) Natural features. The site shall be designed and developed to minimize the disruption or loss of its desirable natural qualities and to enhance its overall appearance. There shall be no net loss in either wetland area or wetland benefits due to development of the site. Staff Report 1315 Abbot February 6, 2009 Page 3

No natural features are lost as a result of this application, as the site is already developed. There is no net loss of wetland area or benefit as a result of this proposal.

(3) Traffic Access. The site shall be designed and developed to provide safe and efficient access for all forms of travel and to minimize impacts on adjacent public facilities.

The site already has access to Abbot Road, a main thoroughfare in the city. No changes are proposed for the access, which is already well integrated into the City's transportation system. No major deficiencies or issues were identified by the Engineering Department.

(4) Utilities and public services. The site shall be designed and developed to facilitate the efficient provision and maintenance of adequate public services.

The site is served by public utilities and services. No additional burden is expected to be placed on them by this application.

(5) Environmental protection. The site shall be designed and developed to minimize any risk of pollution of natural resources and to protect the public health, safety and welfare.

There should be no risk of pollution from a use of this nature, nor risk to the public health, safety, or welfare.

C. Other Applicable Local Ordinances and State and Federal Regulations

Prior to the approval of final plans and the issuance of any construction permits, the applicant will need to provide detailed architectural plans to the Department of Code Enforcement and Neighborhood Conservation for review and approval.

D. Objectives of the Comprehensive Plan

This site is deSignated for "Other" uses in the in the City's Comprehensive Plan, consistent with its use as a religious institution. No specific goals or objectives reference the site. The proposal would not be in conflict with any part of the Comprehensive Plan.

PRELIMINARY STAFF REVIEW - Special Use Permit

A Special Use Permit application may be approved if it meets the requirements for Site Plan approval reviewed above and if the applicant makes an affirmative showing and the City finds that the application meets the following additional standards of review specified in Sec. 50-94 of the Code. A Special Use Permit may also be approved Staff Report 1315 Abbot February 6, 2009 Page 4 subject to reasonable conditions or certain modifications necessary to ensure that the use conforms to all applicable requirements.

A. All uses. Except as may be provided elsewhere in the Zoning Code, each Special Use Permit application shall meet each of the following standards:

(1) The proposed use shall be consistent with the purpose of the use district in which it is located and the purpose and provisions of this division.

A Church is generally viewed as being compatible with a residential district, especially when located on the edge of a residential district. Eastminster Presbyterian is located on the edge of a large residential district and acts as a barrier/transition between the residential property to the west and the commercial property to the east.

(2) The site plan for the property shall be approved in accordance with the provisions of section 50-36 of this chapter.

The site plan that has been submitted is being reviewed and requested for approval in accordance with the relevant provisions of the Chapter.

(3) The proposed size, height, architectural character and placement of new or expanded structures on the site shall be reasonably compatible with the existing or antiCipated buildings on adjacent properties.

The ordinance specifically exempts church from needing to comply with this section of the Special Use Permit requirements.

(4) Streets and access facilities serving the site shall be able to safely accommodate the expected traffic generated by the proposed use; the use shall not cause excessive traffic congestion or delays, obstruct access to adjacent properties, or imperil the safety of motorists, pedestrians or bicyclists.

The site already has access to Abbot Road, a main thoroughfare in the city. No changes are proposed for the access, which is already well integrated into the City's transportation system. No major deficiencies or issues were identified by the Engineering Department.

(5) The proposed use shall not adversely affect the use and enjoyment of adjacent properties by generating excessive noise, vibration, light, glare, odors or any other form of pollution or nuisances.

The Planning Department does not anticipate any noise, vibration, light, glare, odor, or any other pollution or nuisance to emanate from the site. Staff Report 1315 Abbot February 6,2009 Page 5

(6) The proposed use shall not materially diminish the economic value of adjacent properties or the city as a whole.

No economic diminishment is expected from the modification. The Church is already a tax exempt property and modifications to it will have no affect on the City's economic value. Churches also typically do not have a negative effect on the neighboring properties.

(7) The proposed use shall not materially diminish the privacy, safety, security or enjoyment of any residential dwelling or residential neighborhood within the vicinity of the site.

No privacy, safety, security, or enjoyment issues are expected to be raised should the modification to the site be approved. Staff is unaware of any previous complaints or issues related to the site that would raise any concerns with the proposed modification.

(8) The proposed use shall be located with direct access to and frontage on a major street as deSignated in the major street plan, or within an area deSignated for adaptive reuse in the city center element of the comprehensive plan.

The ordinance specifically exempts churches from needing to comply with this section of the Special Use Permit requirements.

B. Specific uses. In addition to the standards above, to address their unique characteristics, certain uses shall also meet the applicable standards below.

(1 ) Churches. a. Standards set forth in items (3) and (8) of section (a) above do not apply to churches. b. The minimum yard requirements of the use district in which the church is to be located shall apply except that in no event shall the yard requirement be less than 0.5 feet of yard to each foot of building height (excluding steeples) as applied to rear yard or side yard depth.

As addressed previously, the Church complies with the modified setback requirements of the specific use requirements under the Special Use Permit standards.

SUMMARY COMMENTS

The proposed modification is relatively minor in nature and intended to make the Church operate more efficiently by providing better entry into the building and circulation within the building. Staff has not identified any ordinance related issues or reasons to deny the project. With that in mind, the Planning Department would recommend Staff Report 1315 Abbot February 6, 2009 Page 6

approval of the Special Use Permit and Site Plan. Should the Planning Commission choose to take action on the application after their public hearing, Staff would also recommend that the rules of the Planning Commission be suspended in order to act on the application at the same meeting as the public hearing. Staff has prepared sample motions of approval and denial for the Planning Commission's use.

SAMPLE MOTIONS

Motion to Recommend Approval

In the matter of Eastminster Presbyterian Church, a request for Special Use Permit and Site Plan approval to construct two additions to the existing church building at 1315 Abbot Road, motion to recommend approval to the City Council for the Site Plan and Special Use Permit for the following reasons ...

• (Insert specific Planning Commission reasons here) • The proposed development meets all applicable ordinance requirements. • The Church additions are not expected to have a negative impact on the surrounding residential properties.

Subject to the following conditions ... • (Insert specific Planning Commission conditions here)

1. Final grading, soil erosion control, paving and utility plans (if applicable) for the site shall be approved by the City Engineer in accordance with all applicable local requirements.

2. The project shall be designed and developed in accordance with all applicable State and local statutes, codes and regulations.

3. No daycare is permitted on the site at this time and no additional seating is being approved at this time for the main sanctuary, based on the floor plans reviewed and the parking that is provided on the site.

Motion to Recommend Denial

In the matter of Eastminster Presbyterian Church, a request for Special Use Permit and Site Plan approval to construct two additions to the existing church building at 1315 Abbot Road, motion to recommend denial to the City Council for the proposed Site Plan and Special Use Permit for the following reasons ...

• (Insert specific Planning Commission reasons here) ~..rr ______

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'f! il~ i ii/, // ! // PLANNING COMMISSION Quality Services for a Quality Community

MEMBERS Dale Springer, MINUTES Chair Rebecca De Vooght, Excerpt Vice Chair

Lynsey Clayton Emily Fleury February 11,2009, 7:00 p.m. Bill Hartwig Richard Hill-Rowley 54-B District Court, Courtroom #2 Caroline Ruddell 101 Linden Street Sheryl Soczek Vacancy

City Council Liaison Kevin E. Beard Present: DeVooght, Hartwig, Hill-Rowley, Ruddell, and Springer Staff Liaison Darcy C. Schmitt (517) 319-6941 Absent: Clayton, Fleury, and Soczek

City of East Lansing DEPARTMENT OF Staff Members Present: T. Schmitt and Banuchie PLANNING & COMMUNITY DEVELOPMENT PUBLIC HEARINGS 410 Abbot Road East Lansing, MI 48823 A) Site Plan and Special Use Permit: An application from Eastminster (517) 319-6930 www citvnft"a .. tlan,inIJ com Presbyterian Church for site plan and special use permit approval to construct a new vestibule and elevator for their building at 1315 Abbot Road. The 8.7 acre site is currently zoned RM-22, Medium Density Multiple Family Residential. (T. Schmitt) (7:18 p.m. - 7:30 p.m.)

T. Schmitt described the location and zoning surrounding the proposed area. It is a deep property of over 1,000 feet from east to west. There are a number of condominium and apartment complexes in the area. The applicant is proposing minor modifications to the building. Given that this is a church, churches are considered special land uses in any residential district. The Planning and Zoning Administrator does not have administrative approval abilities regardless of the size of the change.

T. Schmitt continued that the site generally meets all of the standards of the district. The two modifications being made are well within the building set back requirement. There are no existing nonconformities that staff is aware of. No major deficiencies from the Engineering Department were found. Whether a soil erosion permit is required will be determined when construction begins.

There are eight conditions of a traditional special use permit for review, two of which are specifically waived for churches. However, the church is viewed as generally compatible to residential districts, There is no anticipation of noise, odor vibration and other types of nuisances to the neighboring residential properties, Staff is not aware of any previous complaints or issues with the site. There will be no economic change from a modification of this nature as the church is tax exempt.

City ofEast Lansing Planning Commission Minutes - 02111109 Meeting- Page lof2 There are two specific conditions of approval for a church. Conditions #3 and #8 do not apply under the special use permit requirement. There is also a special set back requirement for churches, and the church complies with these set back requirements.

Given the minor nature of this proposal, staff has no concerns recommending approval. The Planning Commission may choose to take action on it this evening after the public hearing is held. Sample motions were provided for recommending approval, and there were three conditions included. T. Schmitt explained that two are standard conditions, one of which is a condition to clarify the parking. The applicant did provide plans based on parking with no daycare on site. Condition #3 points out that no daycare is permitted at this time, and no additional seating is being approved. No changes were indicated, but given this is the first special use permit on the site, staff felt that it should be pointed out at this time.

Springer questioned Condition #5 and asked if this topic was discussed with Reno's East. T. Schmitt responded that it was previously discussed with Reno's East when they proposed their addition as they have that same condition. To our knowledge, there has been no interplay between the two sites. The church is set back well over 300 feet so this is not a concern.

Ronald A. Cieslak, the architect representing the applicant, addressed the Commission. He explained that the proposal is a renovation to the interior of the project. Primarily, they will upgrade the lighting and some finishes. The vestibule being added to one end is to provide some wind break and to increase energy efficiency. The elevator is being installed to assist with being more welcome to everyone.

Motion: Ruddell moved to suspend the rules. The motion was seconded by Hartwig. Vote: Motion carried unanimously.

Motion: Ruddell moved to approve the special use permit subject to the conditions requested by staff. The motion was seconded by Hartwig.

Hartwig had concern with Condition #3 regarding no daycare. He believes this is a complimentary service that a church can provide to a community. It was pointed out that in the past, the church did provide daycare. It has been moved to a school on Hagadorn.

Vote: Motion carried unanimously.

Motion: Hartwig moved to approve the site plan. The motion was seconded by Ruddell. Vote: Motion carried unanimously.

City of East Lansing Planning Commission Minutes Excerpt- 02111109 Meeting- Page 2 of2 To: Darcy Schmitt, Planning Administrator Tim Schmitt, Community Development Analyst

From: Robert F. Scheuerman, P.E., Engineering Administrator

Date: January 26, 2009

Subject: Eastminster Presbyterian Church

We received a set of drawings on January 23,2009 for the proposed modifications to the Eastminster Presbyterian Church at 1315 Abbot Road. The drawings were prepared by Merritt McPherson Cieslak, P.C. dated January 14,2009.

The scope and quantity of work does not require an Engineering staff review. However, if additional site work (such as major landscaping) results in disturbing more than 6,000 square feet of area, a Grading & Soil Erosion Sedimentation Control Permit will be required.

If you have any further questions, please feel free to call me. Attachment C

CITY CLERK Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager / FROM: Kelli Villers, Deputy City Clerk KV DATE: March 6, 2009

SUBJECT: Resolution for a Charitable Gaming License City of East Lansing CITY CLERK 410 Abbot Road East Lansing. MI 48823 The Michigan State University Polo Club is requesting recognition by the East (517) 319-6914 www.cityofeastJansing.com Lansing City Council as a non-profit organization in East Lansing.

The organization is a 501(c)(3) non-profit sponsor for Polo and Equine Education.

This organization is applying for a Charitable Gaming License through the State of Michigan.

Approval of the local governing body is required by the Michigan Lottery Bureau before the State will issue a charitable gaming license.

The attached paperwork was submitted to verify that this organization is recognized by the IRS as a 501(c)(3) organization.

This request is ready for Council's consideration at the March 17,2009 meeting.

Approval is recommended.

March 6, 2009

Kristen B. Keye 906 Narcissus East Lansing, MI 48823

City of East Lansing City Hall 410 Abbot Road East Lansing, MI, 48823

Dear East Lansing City Council Members,

The Michigan State University Polo Club would like to be recognized by the city council members of East Lansing as a recognized nonprofit organization in the ~ommunity. The Michigan State Polo Club is considered a SOI(c)3 by the IRS. We would like to be recognized as a nonprofit organization in the community to be eligible for charitable gaming licenses through the State of Michigan.

Thank you in advance for your time and consideration on this matter. I look forward to hopefully discussing this issue with you on March, I ih, 2009 at the next available city council meeting.

Kristen B. Keye Michigan State University Polo Club Fundraising Chair and Standing Vice President

x

~TI~ II{S DEPARTMENT OF THE TREASURY ~~~fl INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 Date of this notice: 09-29-2008 Employer Identification Number: 003216.492159.0010.001 1 MB 0.369 532 36-4640346 I, I ,,11,,1,' .1"1.11'1,1111"11,,11,"' ,1111,,1,1111,1111,1111 Form: SS-4 Number of this notice: CP 575 F MICHIGAN STATE UNIVERSITY POLO CLUB X THOMAS C WISEHART JR For assistance YOU may call us at: 200 WASHINGTON SQUARE N 1-800-829-4933 LANSING MI 48933 103216 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE.

WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMB~R Thank YOU for applYing for an Employer Identification Number (EIN). We assigned YOU EIN 36-4640346. This EIN will identify YOU, your business accounts, tax returns, and documents. even if YOU have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause yoU to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Assigning an EIN does not grant tax-exempt status to non-profit organizations. Publication 557, Tax Exempt Status for Your Organization. has details on the application process, as well as information on returns yoU may need to file. To apply for formal recognition of tax-exempt status, most organizations will need to complete either Form 1023, Application for Recognition Under Section 501(c)(3} of the Internal Revenue Code. or Form 1024, Application for Recognition of Exemption Under Section 50l(a). Submit the completed form, all applicable attachments, and the required user fee to: Internal Revenue Service PO Box 192 Covington. KY 41012-0192 The Pension Protection Act of 2006 contains numerous changes to the tax law provisions affecting tax-exempt organiZations, including an annual electronic notification requiremAnt (Form 990-Nl for organiZations not required to file an annual information return (Form 990 or Form 990-EZ). Additionally, if YOU are required to file an annual information return, YOU may be required to file it electronically. Please refer to the Charities & Non-Profits page at www.irs.gov for the most current information on your filing requirements. INTERNAL R.EVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCI}lliATI, OH 45201

Employer Identification Number: Date; DEC 3 0 2008 36-4640346 DLN: 17053274347028 MICHIGAN STATE UNIVERSITY POLO CLUB Contact Person: C/O THOMAS C WISEHART JR DALE T SCHABER ID# 31175 200 WASHINGTON SQUARE N STE LEGAL Contact Telephone Number: LANSING, MI 48933 (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) {vi} Form 990 Required: Yes Effective Date of Exemption: September 11, 2008 Contribution Deductibility: Yes Addendum Applies: No

Dear Applicant:

We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section SOL (e) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records.

Organizations exempt under section 50l(c} (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s} listed in the heading of this lett'er.

Please see enclosed Publication 4221-PC, Compliance Guide for SOLIe) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization.

Letter 947 (DO/CG) -0::.-

MICHIGAN STATE u~IVERSITY POLO CLUB

We have sent a copy of this letter to your representative as indicated in your power of attorney_

Sincerely,

Robert Choi i. Director, Exempt Organizations Iii ~'" Rulings and Agreements ------;'0

Enclosures: Publication 4221-PC

Letter 947 (DO/CG) ULcU-I:5CS-Corp 01\' Database Lookup-Corp Entity Details hlip:'! IwIVw ,dleg,state,mi.us!bcs _COl pidt ..:orp,asp,?id _nbr703 nPJ

Searched for: ~1fCHIGAN STArr: Ur.JIVLRSfTY POCO CLUB ID Num: 70372,0' Entity Name: 1'1ICHIGAN STATE UNfVERSITY POLO CLUB

Type of Entity: DO/TIe~;tic Nonprofit Corporation Resident Agent: THOMAS C WISEHART ]R Registered Office Address: MICHIGAN STATE UNNERSITY 1265 ANTHONY HALLEAST LANSING MI 48825 Mailing Address: 200 WASHINGTON SQUARE N LANSING MI 48933 Formed Under Act Number{s): 1.62-1982 Incorporation/ Qualification Date: 9-11·2008 Jurisdiction of Origin: MICHIGAN Number of Shares: 0 Year of Most Recent Annual Report: Year of Most Recent Annual Report With Officers & Directors: Status: ACTIVE Date: Present

New Search

~ichlgan,gov Horne I !?j:L!;:§ I Contact I §tate Web Sites I Site Map E',1~y.a,gyJ"Q,~f~ I !JD.~.E'(JJjc;:~ I 8£.c.~§§!.Qlli!Y..E91g I §~.furity Po!!9.l Copyright @ 2001·2008 State of Mchigan lJCSiC[)",,~ (Pev w2Jt)5) MICI-iIG.o.N DEPARTMENT OF LABOR & ECONOMIC GROWTH BUREAU OF COMMERCIAL SERVICES Date Fe:;e vi:lCl (FOR BUREAU USE ONLy)

SEP ~ 1 21]1]~ FILED T lis document is effective on the date filed. ur.less a SEP 1 1 2008 subs~quent effective date within 90 days after recer/ed date is staled in Ihe document Administrator Name BlJreau of Commercial Servic es Tom WisehaT1. Legal Department Address 2001 Washington Square, North

City L . Stale Zip Code ansang MI 48933 EFFECTIVE DATE: ~ Documentllolfll be IrE!tulI'neci to the name and address you enter above.,p­ If left b lalilk document will be mailed to the registered office. 70372P ':J ARTICLES OF INCORPORA TION For use by Domestic Nonprofit Corporations (Please read information and instructions on the last page)

Pursuant to the provisions of Act 162, Public Acts of 1982, the undersigned corporation executes the following Articles:

ARTICLE ,

The name of the corporation is: Michigan State UniversIty Polo Club

ARTICLE II

The purpc:se ::>r purposes for which the corporation is organized are: P Jlo and Equine education

ARTICLE III

Nonstock 1. Th; corporati;jn is or9anized upon a ______,basis. (Stock or Nonstock)

2, If organized en a st()ck basis, the total number of shares Which the corporation has authority to issue is

______. If the shares are, or are to be, civided into classes, the d2signalion of each dass, the number of shares in each class, and the relative rights, preferences and Iil7"itati:ms oft'"le shares of each cJass are as fo'ows: ARTICLE IIU (Cf:!lnt~

3. a. tf or;lanized or, a no;}stock basis, the desc(ption and value of its real property assets are: (if none, insert "none") None h. The descript on and vaILe of its f)ersonal property assets are: (if none, insert "none") 15 I1mses and polo tack totaling roughly $52,000.00 in assets

c. Tf.'le corpor",tion is ~o be financed under the fol/owing general plan: FUllld raising/donations/membership dues

d, TIMe. corporation is organized on a __M_e_m-'-b'-e_r_s,;...;.h'-'::iD-:---:----:-:---::::--~7":"7----- basis, (Membership or Directorship)

ARTICLE IV

1. ThE adkf~,e$$ d too re~istered office is: Miclfllgan State Unlv., 1265 Anthony Hall E. lansing 48825 , Michigan (City) (ZIP Code)

2. ThoS mailmg address cf the registered office, if different than above: 200 Was'rlin'gton Square, N Lansing 48933 I Michigan (Stille' Adc:tc'\)Ss ClrP.o. !SOl() (City) (Z{PCode)

3. The name <:)f lile resident agent at the registered office is: Thom«3s C. Wisehart, Jr.

ARTICLE V'

The name(s) ana address(es) of the incorporator(s) is (are) as follows:

Name Residence or Business Address

Kell; Srmit:1" President Michigan State Urii~ersity 1265 Anthony Hall

East lansing, MI48825

_._------_.. __ ._------

------1

Use spare below 'lor additional Articles or for continuation of previcus Articles. Please identify any Article being continued or adde:J. ,c'tta::r add:itional pages if needed.

Article VI Said caJrpora li()11IS organized exclusively for charitable, religious, educational, and scientific purposes: incllJdiing, for such purposes, the making of distributions to organizations that qualify as exempt otgooizations under section 501 (c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.

Article VIII No part ofth.e net 'earnings of the corporation shall inure to the benefit of, or be distributable to its members, tn.:stees, offICers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make paY'l1ents and distributions in furtherance of the purposes set forth in Article VI hereof. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or othervvise attempting to influence legislation, and the corporation shall not partiCipate in. or intervene In (imclJuding the publishing or distribution of statements )any political campaign on behalf of or in o:pposition to any candidate for public office. Notwithstanding any other prOVision of these articles, the corporation shall not carry on any other activities, not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, of the corresponding section of any future federal tax code, or (b) by a corpOrl"ation, contributions to which are deductible under section 170(c)(2) of the InternallRevemLe Code, or the corresponding section of any future federal tax code.

Article VIII Upon 'the dissolution of the corporation. assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the corresponding sectiOI11 of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of sllall 00 disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such orgalfzation or organizations, as said Court shall detel111ine, which are organized and opera:ed exclusive4y 'for such purposes.

2008 I, 0Ne~. the 'incorporator.(s) sign my (our) name(s) this ----=---q day of September lli/L ~SlWtf/L

------.-

Attachment 0

PUBLIC WORKS AND ENVIRONMENTAL SERVICES Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton

FROM: Todd Sneathen, Director of Public Works

DATE: March 4, 2009

SUBJECT: Sidewalk Repair Resolution City of East Lansing PUBLIC WORKS AND ENVIRONMENTAL In September of 1999, the East Lansing City Council adopted a sidewalk SERVICES 1800 E. Slate Road maintenance program to facilitate more timely repairs to deteriorated sidewalk. The East Lansing, MI 48823 program is now working its way through the Glencaim Neighborhood east of Mailing Address: Harrison Avenue and the Engineering Department has inspected the sidewalk in the 410 Abbot Road East Lansing, MI 48823 target area. A map showing the target area for this year of the program has been

(517) 337-9459 included for your reference. www.citvofeast1ansing.com Chapter 38, Article III, Division 2, Section 38-123 & 38-124 of the City Code (Sidewalks) states that if the owner fails to keep the sidewalk adjoining hislher property in good repair, City Council may cause the same to be done and the cost of said repair may be paid out of the contingent fund of the City and the Council may assess such expense as a special assessment against such parcel of land.

On December 16, 2008, City Council approved Ordinance No. 1206 which amended the above Chapter of the City Code to establish procedures for property owners to contest the order to construct or reconstruct sidewalks adjacent to their properties. On December 29, 2008, staff mailed notice to all of the impacted property owners informing them of the deteriorated sidewalk identified adjacent to their property, the costs to be assessed to them should the City's contractor perform the repairs, and a description of the procedures they are required to follow in order to contest the need for the sidewalk repairs.

In accordance with the procedures outlined in Ordinance No. 1206, the Department of Public Works held Administrative Review meetings at the end of February and the East Lansing City Council held a Public Hearing on March 3, 2009 to hear objections from property owners as to the necessity of reconstruction or cost allocation for sidewalk sections adjacent to their property. All objections were resolved during the Administrative Review meetings and no property owners appeared at the Public Hearing to speak before City Council.

The project has been bid and a contract approved by City Council with E.T. MacKenzie Company on December 9, 2008 in the amount of $238,042.70. The

PUBLIC WORKS AND ENVIRONMENTAL SERVICES Quality Services for a Quality Community

property owner's share of the sidewalk portion of the project is estimated to be $121,895.63 plus a 15% administration and inspection fee. As described in Policy Resolution 1999-3, the City shall pay for damage caused to sidewalk in the right-of­ way due to trees within the right-of-way, settlement of trenches over utilities installed by the City or its contractors, as well as sidewalk within ramp areas. The property owners adjacent to the deteriorated sidewalk shall be responsible for repair costs due to any other reason.

In order to insure that any unpaid invoices can be assessed to the affected property, it is necessary to order the repairs to be completed. That attached resolution has been prepared for this purpose and staff recommends its adoption by City council at the March 17, 2009 City Council meeting.

CITY OF EAST LANSING EAST LANSING CITY COUNCIL RESOLUTION

A RESOLUTION TO ORDER THE REP AIR OF SIDEWALK AT THE LOCATIONS INCLUDED ON THE ATTACHED LIST.

Introduced by Council member ______

Seconded by Council member

WHEREAS, the City of East Lansing Engineering Department staffhas inspected sidewalk adjacent to the properties included on the attached list which are within the boundaries of the fiscal year 2008 -2009 Sidewalk Maintenance Program; and

WHEREAS, sidewalk adjacent to the properties included on the attached list have been found to be in poor condition; and

WHEREAS, Chapter 38, Article ill, Division 2, Section 38-123 & 38-124 of the East Lansing City Code states that if the owner shall fail to keep the sidewalk adjoining hislher property in good repair, City Council may cause the same to be done and the cost of said repair may be paid out of the contingent fund of the City and the Council may assess such expense as a special assessment against such parcel of land;

NOW THEREFORE BE IT RESOLVED THAT: the East Lansing City Council does hereby order the property owners of the addresses included on the attached list to repair or replace the sidewalk section or sections found to be in poor condition; and

BE IT FURTHER RESOLVED THAT: if the repairs or replacement of the above described sidewalk are not completed within the time period established by the Director of Public Works and Environmental Services, which time shall not be less than 20 days from the date of notification, the work shall be completed by direction of the City of East Lansing and the cost of such repairs/replacement shall be charged to the adjoining property owner in accordance with Policy Resolution 1999-3; and

BE IF FURTHER RESOLVED THAT: if the repair/replacement work is completed by the City and the cost of such work is not paid by the adjoining property owner, the cost shall be assessed against the affected property as a special assessment.

Mayor Victor W. Loomis, Jr.

ADOPTED: YEAS ( ) NAYS () ABSENT ( )

CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the East Lansing City Council at a meeting held on March 17, 2009, the original of which is part of the Council minutes.

Nicole Evans, City Clerk City of East Lansing Ingham & Clinton County, Michigan Drafted by and approved as to form:

Dennis E. McGinty (P17407) 601 Abbot Road East Lansing, Michigan 48823 (517) 351-0280 I Glencairn Area East of Harrison FY08-09 Parcel No. Property Address Property Owners 4" Pvt 4" City 6"Pvt. 6"Citv Trees PO Est. Cost CityEst. Cost i 33-20-01-12-428-001 819 Abbot CitvofEastLansing 1500 0 300 0 $14,957.25 $0.001 33-20-01-12-417-007 360 Centenawn Ave. David and Marv Winter 150 45 0 21 $691.73 $725.821 33-20-01-12-417-010 406 Centerlawn Ave. Paula Steele 8 245 50 21 $299.67 $1,527.82 33-20-01-12-424-010 421 Centerlawn Ave. Jeremy and Kristin Kratky 50 50 0 0 $230.58 $434.95 33-20-01-12-424-009 429 Centerlawn Ave. Karlis Austrins 100 14 50 21 $723.93 $451.71 33-20-01-12-423-001 515 Centerlawn Ave. Vinson and Margaret Hellwig 375 420 50 42 $1,992.09 $2,475.34 33-20-01-12-410-008 311 Clarendon Road Kevin Childs 0 0 0 0 $0.00 $0.001 33-20-01-12-407-013 320 Clarendon Road Brad and Jenny Upham 0 0 0 0 $0.00 $0.00 33-20-01-12-410-007 321 Clarendon Road Stahl Family Trust/Jon & Susan Stahl Trustees 0 0 0 0 $0.00 $0.00 33-20-01-12-407-014 330 Clarendon Road Erik and Cherly Goodman 0 0 0 0 $0.00 $0.00 33-20-01-12-410-006 331 Clarendon Road Lucian and Bernadette Leone 25 0 0 0 $115.29 $0.00 33-20-01-12-410-005 401 Clarendon Road JaCQueline and Tiffanv Sparlino 25 0 25 0 $246.68 $0.00 33-20-01-12-407-015 404 Clarendon Road Ian and Dana Wri9ht 25 0 0 0 $115.29 $0.00 33-20-01-12-410-020 407 Clarendon Road Rodney Whitaker 25 0 25 0 $246.68 to.oo 33-20-01-12-407-016 410 Clarendon Road Dennis Denno and Raina Korbakis 0 0 0 0 $0.00 $0.00 33-20-01-12-410-019 413 Clarendon Road Joseph and Barbara Backus 0 0 75 0 $394.16 $0.00 33-20-01-12-407-004 414 Clarendon Road Kenvon and Jane Payne 100 78 0 0 $461.15 $312.78 33-20-01-12-410-002 417 Clarendon Road Charles and MaryPrice 200 0 75 0 $1,316.46 $0.00 33-20-01-12-407-017 418 Clarendon Road Timothy Snyder and Melinda Mangin 25 0 31.5 0 $280.84 $0.00 33-20-01-12-410-001 419 Clarendon Road The Bozak Family Trust 125 347 50 21 2.00 $839.21 $1,787.04 33-20-01-12-407-016 428 Clarendon Road Paul and Shirley Guider 175 170 50 21 $1,069.79 $1,077.27 33-20-01-13-201-001 716 Glenhaven Ave. Melvin and Rosalyn Goff 57 123.3 0 35 $262.86 $1,253.58 33-20-01-12-430-002 722 Glenhaven Ave. Jeffrey Morin 50 100 0 0 $230.58 $401.00 33-20-01-12-430-001 736 Glenhaven Ave. Julie Lawton-Essa 175 0 0 0 $807.01 $0.00 33-20-01-12-414-004 801 Glenhaven Ave. H C and Audrey Tien 530 100 0 0 $2,444.10 $401.00 33-20-01-12-415-012 806 Glenhaven Ave. Henry and Cynthia Boynton 100 50 50 0 $723.93 $200.50 33-20-01-12-415-013 816 Glenhaven Ave. Charles and Zoe Yoe 125 0 0 0 $576.44 $0.00 33-20-01-12-415-014 830 Glenhaven Ave. Carolvn HoaolandlBessemer Trust 325 50 25 0 $1,630.13 $200.50 33-20-01-12-414-003 837 Glenhaven Ave. Michael Grimm 50 0 0 0 $230.58 $0.00 33-20-01-12-414-002 909 Glenhaven Ave. Melissa Baumann and Loic Dejardin 100 0 0 0 $461.15 $0.00 33-20-01-12-415-016 912 Glenhaven Ave. Patricia Price-Roth 55 0 75 0 $647.80 $0.00 33-20-01-12-415-017 920 Glenhaven Ave. Edward and Stephanie Watts 50 50 50 0 $493.35 $200.50 33-20-01-12-414-001 925 Glenhaven Ave. Lawrence and Laurie Bass 626.5 0 103.5 0 $3,433.05 $0.00 33-20-01-12-415-018 930 Glenhaven Ave. Michael Conlin and Stacy Dickert 100 14 75 21 $855.31 #VALUE! 33-20-01-12-404-006 1001 Glenhaven Ave. Petrus and Juie Martens 125 264 25 21 1.00 $707.83 $1,688.66 33-20-01-12-405-008 1020 Glenhaven Ave. William and Carrie Ehrlich 175 0 0 0 $807.01 $0.00 33-20-01-12-404-005 1023 Glenhaven Ave. Eric Hegg and Colleen Cosorove 75 25 0 0 $345.86 $100.25 33-20-01-12-405-009 1030 Glenhaven Ave. Paul Wrioht and Ute Vonder Heyden 25 0 0 0 $115.29 $0.00 33-20-01-12-404-004 1037 Glenhaven Ave. Marc and Mary Speiser 25 127.5 0 0 2.00 $115.29 $511.28 33-20-01-12-405-010 1040 Glenhaven Ave. Terese Graham 50 0 0 0 $230.58 $0.00 33-20-01-12-404-003 1049 Glenhaven Ave. Frank and Elaine KnoxlF R & E N Knox Trusts 25 0 0 0 $115.29 $0.00 33-20-01-12-405-011 1050 Glenhaven Ave. Carl and Tracie Lafata 50 0 0 0 $230.58 $0.00 33-20-01-12-405-012 1060 Glenhaven Ave. Stephanie Commings 50 50 0 0 $230.58 $200.50 33-20-01-12-404-002 1061 Glenhaven Ave. Thomas Munley 0 100.5 0 0 $0.00 $403.01 33-20-01-12-405-013 1070 Glenhaven Ave. Charles and Barbara Dobis 75 0 100 0 $871.41 $0.00 33-20-01-12-404-001 1071 Glenhaven Ave. Sheila Myron 0 0 0 0 $0.00 $0.00 33-20-01-12-429-001 720 N. Harrison Ave. Mary Sharp Trustee/Mary P Sharp Trust 175 0 25 0 $938.40 $0.00 33-20-01-12-429-001 Glenhaven Frontaoe Marv Sharp Trustee/Marv P Sharp Trust 0 0 0 0 $0.00 $0.00 33-20-01-12-414-013 818 N. Harrison Ave. Kathleen Lavey 50 0 0 0 $230.58 $0.00 33-20-01-12-414-012 830 N. Harrison Ave. Gary Scheuren 100 0 0 0 $461.15 $0.00 33-20-01-12-414-014 900 N. Harrison Ave. David CampbelllVM David II Campbell Trust 425 75 35 55 $2,143.83 $1,151.30 33-2o-01-12-4D4-011 940 N. Harrison Ave. Janaki Mani 125 0 50 0 $839.21 $0.00 33-20-01-12-404-012 946 N. Harrison Ave. Diana Fanner 175 50 0 0 $807.01 $200.50 33-20-01-12-404-013 1000 N. Harrison Ave. Michael and Sophie Musei 50 0 0 0 $230.58 $O.OC 33-20-01-12-404-014 1010 N. Harrison Ave. David Williams and Judith Kramer 100 75 0 0 $461.15 $300.7~ 33-20-01-12-404-017 1024 N. Harrison Ave. Timothy Webster 0 0 25 0 $131.39 $O.OC 33-20-01-12-404-018 1030 N. Harrison Ave. Robert Memenis 125 35 0 35 $576.44 $599.9C 33-20-01-12-412-009 302 Northlawn Ave. James Spousta and Mrs. Spousta 272 ,- -- 95 0 21 $1,254.33 $926.3~ Glencalrn Area East of Harrison FY08-09 Parcel No. Property Address Property Owners 4" Pvt 4" City 6"Pvt. 6"City Trees PO Est. Cost City Est. Cost 33-20..01·12-412-010 308 Northlawn Ave. Lloyd Pratt and Karl Schoonover 96.8 0 0 0 $446.39 $0.00 33-20-01·12-412-011 314 Northlawn Ave. Nathan Moore 64 0 32 0 $463.31 $0.00 33-20-01·12-412-012 318 Northlawn Ave. Craig and Mette Mefford 80 48 16 0 $453.01 $192.48 33-20-01·12-412-013 326 Northlawn Ave. Joseph and Diane Gonzales 131 50 0 0 $604.11 $200.50 33·20..01·12-412-014 336 Northlawn Ave. Brian and Jennifer Goosen 301 100 0 0 $1.388.06 $401.00 33·20-01·12-412-015 340 Northlawn Ave. Robert Blackmore Seyfarth 100 75 0 0 $461.15 $300.75 33-20-01·12-412-022 404 Northlawn Ave. Karen_QQle and Daniel Mishkin 0 75 25 0 $131.39 $300.75 33-20..01·12-412·023 420 Northlawn Ave. David and Cheryl Ronk 0 0 25 0 $131.39 $0.00 33·20..01·12-406-005 500 Northlawn Ave. Michael Mach 25 495 0 21 $115.29 $2.380.52 33·20..01·12-416-001 501 Northlawn Ave. Peter and Caroline Ruddell 125 70 0 21 $576.44 $676.27 33-20..01·12-406-012 510 Northlawn Ave. David and Babette Krause 175 163 25 163 $938.40 $1.698.14 33-20..01-12-416-015 525 Northlawn Ave. Joseph Havwood and Marv Ellen Greene 175 45 0 21 $807.D1 $576.02 33-20..01·12-415-001 601 Northlawn Ave. Jeffrey Lapinski and Beverly Bonning 150 0 75 0 $1.085.89 $0.00 33-20..01·12-405-006 602 Northlawn Ave. Peter and Maura Dewan 150 39 25 21 $823.11 $864.56 33-20..01·12-405-007 606 Northlawn Ave. Steven and Joanne Dilley 125 14 0 21 $576.44 $451.71 33·20..01·12-415-019 615 Northlawn Ave. Thomas and Barbara AsUey 100 0 0 0 $461.15 $0.00 33-20..01·12-404-007 706 Northlawn Ave. William and Anne Meennans 0 100 0 0 $0.00 $401.00 33-20..01·12-404-008 712 Northlawn Ave. Elias Strangas and Jane Turner 125 0 0 0 $576.44 $0.00 33·20..01·12-404-019 716 Northlawn Ave. Nonnan Miller 150 188 25 21 $823.11 $1.299.25 33·20-01·12-412-008 301 Oxford Robert and Judy Steele #VALUE! #VALUE! 33·20..01·12-410..011 310 Oxford Patrick and Shari Levine-Rose 25 0 91 0 $593.54 $0.00 33-20..01·12-412-007 311 Oxford Travis and Jessica Vanderlist #VALUE! #VALUE! 33·20..01·12-412-066 319 Oxford Daniel Alt and Leigh Van Handel #VALUE! $0.00 33·20..01·12-410..012 322 Oxford Andrew and Sarah Grandy 75 0 25 0 $477.25 $0.00 33-20..01·12-412-005 333 Oxford Hugh Fox and Maria Costa-Fox 50 50 25 0 1.00 $361.96 $200.50 33-20-01·12-410..013 400 Oxford Olvmpia Valoras and Joshua Kirschner 105 75 80 0 $904.65 $300.75 33-20..01·12-412-004 403 Oxford Katherine Ackennan 150 150 76.5 0 $1.093.77 $601.50 33·20-01·12-412·025 405 Oxford Mintener/Jones Trust 175 0 25 0 $938.40 $0.00 33-20..01·12-410·014 406 Oxford Kim and Jon Allan 100 0 0 0 $461.15 $0.00 33-20..01·12-410..015 410 Oxford Javand Francie Todd 0 0 50 0 $262.78 $0.00 33·20..01·12-410..016 412 Oxford Kimberly Chung and John Kerr 0 76.5 0 0 $0.00 $306.77 33·20-01·12-410..017 414 Oxford Lee and Christopher Reimann 75 0 0 0 $345.86 $0.00 33·20-01·12-412-024 421 Oxford William Clay and Gail Kendall 75 100 0 0 1.00 $345.86 $401.00 33-20..01·12-410-018 430 Oxford Nikola and Jason Schreiber 325 0 50 0 $1.761.51 $0.00 33-20..01·12-431-020 724 Rosewood Ave. Ben@min Jennings Stone III 175 75 75 0 $1.201.18 $300.75 33-20..01·12-431-001 736 Rosewood Ave. Merle Stone and Benjamin Stone III 225 100 75 0 1.00 $1,431.75 $635.45 33-20..01·12-424-006 824 Rosewood Ave. Richard and Jessica Shaw 100 76 78 0 $871.08 $304.76 33·20..01·12-424-007 834 Rosewood Ave. Jennifer and James Swan 101 116.5 25 21 $597.15 $862.74 33·20..01·12-424-008 846 Rosewood Ave. Andrew and Christine Korest 50 116.5 0 21 $230.58 $862.74 33·20-01·12-416-008 901 Rosewood Ave. Vera Bitsch and Getachew Abate Kassa 200 45 25 21 $1.053.69 $576.02 33·20..01·12-416-007 915 Rosewood Ave. MaryJo McGlew TrusteelMary McGlew Liv Trust 100 75 75 0 $855.31 $300.75 33-20..01·12-417·011 918 Rosewood Ave. First National Bank of America 250 75 90.5 0 1.00 $1.628.50 $300.75 33-20..01-12-416-008 935 Rosewood Ave. William Spielman 75 75 25 0 $477.25 $300.75 33-20..01-12-417-012 940 Rosewood Ave. Oorothy_ Gaffney 75 0 0 0 $345.86 $0.00 33-20-01-12-417-013 946 Rosewood Ave. Leonard and Dorothv Silk 25 0 50 0 $378.06 $0.00 33-20-01-12-416-005 953 Rosewood Ave. Nonnan and Jeanette Abeles 338 0 75 0 $1.952.85 $0.00 33-20-01-12-417-014 960 Rosewood Ave. Roger and Justine Peters 0 180.5 0 0 1.00 $0.00 $723.81 33-20..01-12-416-004 965 Rosewood Ave. Diane Tarpoff/Diane A TarpoffTrust 25 0 25 0 $246.68 $0.00 33-20..01-12-416-003 973 Rosewood Ave. Lee and Vida SonnebomlThe Vida Sonnebom Living Trust 75 0 75 0 $740.03 $0.00 33-20..01-12-417-015 974 Rosewood Ave. Michael and Sandra Cotter 50 75 0 0 $230.58 $300.75 33-20..01-12-417-016 984 Rosewood Ave. Martin and Carole Hetherington 250 151.5 25 0 2.00 $1.284.26 $607.52 33-20..01·12-416-002 991 Rosewood Ave. Anna Lee Leas 50 0 0 0 $230.58 $0.00 33-20-01-12-412-019 1014 Rosewood Ave. Patricia Brown 225 150 75 21 $1.431.75 $997.07 33-20..01-12-412-001 1020 Rosewood Ave. Dianne Ross 50 126 25 0 $361.96 $505.2~ 33-20-01-12-406-004 1029 Rosewood Ave. John Griffith and Timothy Knight 0 103 25 0 $131.39 $413.0~ 33-20..01-12-406-003 1045 Rosewood Ave. Dickson Trustees. William Patrick Dickson Trust and Robin Kyburg 100 75 0 0 $461.15 $300.n 33-20-01-12-406-002 1063 Rosewood Ave. Ronan Patterson and Lori Shader-Patterson 75 25 0 0 $345.86 $100.2~

33-20..01-12-406-014 ---- 1073 ~ose_wood Ave_. ___ Merritt Sargent and Anne Ferguson __ -_.. _------~ 125 0 IQ,--- 0 $970.60 I. ... ___ $O.OC Glencaim Area East of Harrison FY08-09 Parcel No. Property Address Property Owners 4" Pvt 4" City 6"Pvt. 6"City Trees PO Est. Cost City Est. Cost 33-20-01·12-407-001 1076 Rosewood Ave. Todd and Elizabeth Bosanic 175 0 0 0 $807.Q1 $0.00 33-20-01·12-415-011 809 Roxburgh Ave. Brian and Judy Moran 300 0 0 0 $1,383.45 $0.00 33-20-01·12-423-004 810 Roxburgh Ave. Jonathon Walton and Daphne O'Regan/O'Regan-Walton Family Trust 475 75 101 0 $2,721.27 $300.75 33·20-01·12-423-002 820 Roxburgh Ave. Charles and Catherine Benson 175 101 25 0 1.00 xtra $938.40 $405.01 33·20-01·12-415-010 821 Roxburgh Ave. James and CaroJyn Curran 25 125 25 0 1.00 $246.68 $501.25 33·20-01·12-415-009 831 Roxburgh Ave. Margaret WilkenlnglMaragaret Wllkenin!! Trust 125 75 25 0 $707.83 $300.75 33-20-01·12-415-008 839 Roxburgh Ave. Barbara Mort 100 0 25 0 $592.54 $0.00 33-20-01·12-415-007 903 Roxburgh Ave. Jeffrey Schenker and Michelle Traven 25 0 25 0 $246.68 $0.00 33-20-01·12-416-009 910 Roxburgh Ave. Manuel Chavez and Amy Venter-Chavez 150 303 0 21 $691.73 $1,610.60 33-20-01·12-415-006 911 Roxburgh Ave. Marvin Siegel 50 75 0 0 $230.58 $300.75 33-20-01·12-415-005 915 Roxburgh Ave. Bruce and Virginia Allen 150 25 0 0 $691.73 $100.25 33-20-01·12-416-010 920 Roxburgh Ave. Joseph and Julie Fivas 50 75 0 0 $230.58 $300.75: 33-20-01·12-415-004 929 Roxburgh Ave. Nonnan Pollack 100 0 0 0 $461.15 $0.00' 33-20-01·12-416-011 930 Roxburgh Ave. Joseph and Mildred SchleslnQer 25 75 0 0 $115.29 $300.751 33-20-01·12-415-003 937 Roxburgh Ave. Kent Wilcox and Donna Graham 75 67 0 0 $345.86 $268.67 33-20-01·12-416-012 940 Roxburgh Ave. Warren Coon and Marlize Telles 75 75 25 0 $477.25 $300.75 33-20-01·12-415-002 947 Roxburgh Ave. Marilyn Thompson 125 50 25 0 $707.83 $200.50 33-20-01·12-416-013 952 Roxburgh Ave. Scott Knapp Trust 50 50 0 0 $230.58 $200.50 33-20-01·12-416-014 968 Roxburgh Ave. James Anderson 100 101 25 0 $592.54 $405.01 33-20-01·12-405-005 1025 Roxburgh Ave. Marilyn Jo and Mark LattennanlMarilyn Jo Lattennan Trust 125 150 25 0 $707.83 $601.50 33·20-01·12-406-007 1040 Roxburgh Ave. James and Melody Kiefer 50 101 0 0 $230.58 $405.01 33-20-01·12-405-004 1041 Roxburgh Ave. Victor and Bette Peirce 100 25 25 0 $592.54 $100.25 33-20-01·12-405-003 1057 Roxburgh Ave. Kevin and Jeanna Schaberg 75 0 0 0 $345.86 $0.00 33-20-01·12-406-008 1058 Roxburgh Ave. Francis and Eileen Hathaway 50 75 25 0 $361.96 $300.75 33-20-01·12-405-014 1065 Roxburgh Ave. Martin and Leslie Polack 150 0 0 0 $691.73 $0.00 33-20-01·12-406-009 1068 Roxburgh Ave. Kirk and Marsha Bristor 75 75 78 0 $755.79 $300.75 33·20-01·12431-008 319 Southlawn Ave. Douglas and Dorothy Luckie 50 76 75 1.00 $624.74 $304.76 33-20-01·12-426-006 330 Southlawn Ave. Victor Rauch and Ellen DeRosia 235 130 45 21 $1,320.20 $916.87 33-20-01·12-431-007 331 Southlawn Ave. Cheryl Doane 65 50 50 0 $562.52 $200.50 33·20-01·12-431·008 341 Southlawn Ave. Marsha Parrott-Boyle 100 0 25 0 $592.54 $0.00 33·20-01·12-425-005 342 Southlawn Ave. Thomas and Leslie Tom!>kins 103 89 25 21 $606.37 $1,423.26 33·20-01·12-431·005 351 Southlawn Ave. Mel and Beverly Buschman 25 101 0 0 1.00 $115.29 $405.01 33-20-01·12-431-004 361 Southlawn Ave. Martin and Suzanne Tuck 50 0 0 0 $230.58 $0.00 33-20-01·12-431-003 401 Southlawn Ave. Kathryn Hunter/Kathrv E Hunter Trust 50 227.5 50 0 $493.35 $912.28 33-20-01-12-431-002 403 Southlawn Ave. J Clyc!e and Marcia Spencer 175 0 50 0 $1,069.79 $0.00 33-20-01-12-424-004 404 Southlawn Ave. Betty Vlahakis/Initial Trustee 50 221 0 21 $230.58 $2,115.38 33-20-01-12-424-005 414 Southlawn Ave. Cynthia Jordan & Marc Breedlove/Jordan Breedlove Family Trust No 1 175.5 34 50 21 $1,072.09 $870.56 33-20-01-12-426-003 508 Southlawn Ave. Mitchell and Jeanne Tomlinson 300 315 75 42 $1,777.61 $2,054.29 33-20-01-12-430-010 515 Southlawn Ave. Merrick and Susan Richardson 275 178 0 43.5 $1,268.16 $1,511.78 33-20-01-12-430-006 523 Southlawn Ave. Dennis and Maureen Donohue 150 0 0 0 $691.73 $0.00 33-20-01-12-430-005 529 Southlawn Ave. Kriss Ostrom/Kriss Ostrom Trust 138.5 0 87 0 $1,095.92 $0.00 33-20-01-12-430-004 553 Southlawn Ave. Darold and Judith McCalla 25 75.5 0 0 1.00 $115.29 $302.76 33-20-01-12-430-003 615 Southlawn Ave. James and Patricia Croom 125 146 0 21 $576.44 $981.03 33-20-01-12-429-002 709 Southlawn Ave. Derek and Karin Polischuk 150 14 0 21 $691.73 $451.71 33-20-01·12-414-005 724 Southlawn Ave. Charles and Carrie Green 150 0 75 0 $1,085.89 $0.00 33-20-01-12-425-006 804 Stuart Ave. George and Patricia Brookover 175 302 75 0 1.00 $1,201.18 $1,211.02 33-20-01-12-424-003 809 Stuart Ave. Barbara Papazian Trustee/Barbara B Papazian Trust 25 126 0 0 $115.29 $505.26 33-20-01·12-425-007 810 Stuart Ave. Brad and Margaret Ropp 104 75 50 0 $742.37 $300.71: 33-20-01-12-424-002 815 Stuart Ave. Harold and Jane Humphrey 75 100 0 0 $345.86 $401.0C 33-20-01·12-425-008 822 Stuart Ave. John and Christy Walter 225.5 50 0 0 $1,039.89 $200.5C 33-20-01-12-424-001 835 Stuart Ave. Richard and Catherine Hula 476 339 0 21 $2,195.07 $1,904.7€ 33-20-01-12-425-009 838 Stuart Ave. Michael and Dianne Alexanian 252 421 0 42 $1,162.10 $3,234.8C 33-20-01-12-417-008 912 Stuart Ave. George Hare and Jane Welch 25 100.5 0 0 $115.29 $403.01 33-20-01-12-431-011 711 Sunset Lane Martha Unkefer Trust/Phyllis Caro Shance Trustees 0 0 25 0 $131.39 $O.O( 33-20-01-12-431-021 729 Sunset Lane David Wiley and Christine Root 162 189 50 21 $1,009.84 $1,303.2€ 33-20-01·12-426-005 801 Sunset Lane Gordon and Sheila Taylor 145 315 50 21 $931.44 $1,808.5. 33-20-01-12-426-004 815 Sunset Lane MindjlMorgan and Matthew Pauly 100 0 50 0 $723.93 $0.0( 33-20-01-12-426-003 821 Sunset Lane Anthony and April Cog nato 90 0 55 0 $704.09 $O.O( ! Glencaim Area East of Harrison FY08-09 Parcel No. Property Address Property Owners 4" Pvt 4" City 6"Pvt. 6"City Trees PO Est. Cost City Est. Cost 33·20-01·12-426-002 827 Sunset lane William and Elizabeth Giltner 40 0 0 0 $184.46 $0.00 33·20-01·12-426-001 835 Sunset lane Thomas and Rebecca Comer 275 89 0 21 $1,268.16 $1,065.06 33-20-01·12-418-008 901 Sunset lane Nancy Nvblad and Gerald Lindman 225 139 80 21 $1,458.03 $1,102.76 133·20-01·12-418-007 909 Sunset lane John and Carolyn Johnson 0 0 25 0 $131.39 $0.00 133·20-01·12-418-006 917 Sunset lane o and Jennifer Benbow 25 0 75 0 $509.45 $0.00 !33·20-01·12-418-005 921 Sunset lane Victor Jackson 110 0 0 0 $507.27 $0.00 33-20-01·12-418-004 935 Sunset lane Terrv and Sandra Guerin 125 0 75 0 $970.60 $0.00 33·20-01·12-418-016 939 Sunset lane Jim and Sally Newton 90 0 25 0 $546.42 $0.00 33·20-01·12-418-001 951 Sunset lane Erick Hingst and Natasha Troy 25 50 0 0 $115.29 $200.50 33-20-01·12-410-010 1045 Sunset lane Sandra K.Carter 45 0 0 0 $207.52 $0.00 33·20-01·12-410-090 1065 Sunset lane PB Reit,lnc. 25 101 0 21 $115.29 $1,321.58 33·20-01·12-411-001 1066 Sunset lane Stephen and Jennifer lathom 0 0 0 0 $0.00 $0.00 33·20-01·12-408-016 1106 Sunset lane Carolyn Ojala 0 0 0 0 $0.00 $0.00 33·20-01·12-407-012 1111 Sunset lane Peggy Bames and Edna Feibusch 0 0 0 0 $0.00 $0.00 33·20-01·12-408-017 1114 Sunset lane William and Vivian Hixson 0 0 0 0 $0.00 $0.00 33-20·01·12-407-011 1121 Sunset lane Carol Price 0 0 0 0 $0.00 $0.00 33-20-01·12-408-003 1126 Sunset lane Nanette Reynolds and Malika Sylvain 0 0 0 0 $0.00 #VALUE! 33·20·01·12-407-010 1129 Sunset lane Barbara Soper 0 0 0 0 $0.00 $0.00 33·20-01·12-408-001 1134 Sunset lane Richard and lydia Pfister 0 0 0 0 $0.00 $0.00 33·20-01·12-407-009 1135 Sunset lane Bruce Greenberg and Julie Alderton 0 0 0 0 $0.00 $0.00 33·20-01·12-425-004 809 Westiawn Ave. Richard WriQhtlCindy WeislinQ 82 0 20 0 $483.25 $0.00 33·20-01·12-426-007 812 WesUawn Ave. Susanne Sonnebom 50 0 25 0 $361.96 $0.00 33·20-01·12-425-003 815 WesUawn Ave. Charles and Lisa Manning 175 0 25 0 $938.40 $0.00 33·20-01·12-426-008 822 Westiawn Ave. Robert and Julia Campau 100 0 0 0 $461.15 $0.00 33·20-01·12-426-009 832 WesUawn Ave. Debra Friedman 50 0 0 0 $230.58 $0.00 33·20-01·12-425-001 835 WesUawn Ave. Teresa Bemardez 240 75 0 0 $1,106.76 $300.75 33-00-01·12-426-010 840 WesUawn Ave. Diane Hoban Initial Trustee/Diane Hoban Trust 295 189 50 21 $1,623.17 #VALUE! 33-20-01·12-418-009 900 Westlawn Ave. Birgit Zipser 225 0 25 0 $1,168.98 $0.00 33-20-01·12-417-006 901 WesUawn Ave. Robert Davis and Denise Dyktor 210 45 75 21 $1,362.58 $725.82 33·20-01·12-418-010 914 Westlawn Ave. Nicole and David Graf 100 0 25 0 $592.54 $0.00 33·20-01·12-417-005 915 Westlawn Ave. David Houston and Elizabeth Keenan 80 0 32 0 $537.10 $0.00 1 33·20-01·12-418-011 920/926 WesUawn Ave. Jason and Julie RairiQh 125 0 25 0 $707.83 $0.00 33·20-01·12-417-004 927 Westiawn Ave. Irma BrigQS Hooker 16 0 0 0 $73.78 $0.00 33·20-01·12-418-012 932 WesUawn Ave. Doualas Austin 75 0 0 0 $345.86 $0.00 33·20-01·12-417·003 933 Westlawn Ave. Richard and Elizabeth Moore 48 0 32 0 $389.53 $0.00 33·20-01·12-418-013 938 WesUawn Ave. Sara Stech Way 207 0 70 0 $1,322.47 $0.00 33-20-01·12-418-014 948 Westlawn Ave. Ellen White and John Hatton 120 0 50 0 $816.16 $0.00 33·20-01·12-417-002 949 Westlawn Ave. Hamish Rafe Gow 48 0 0 0 $221.35 $0.00 33·20-01·12-418-015 950 WesUawn Ave. GreQory Zivic 200 89 25 21 $1,053.69 $1,091.11 33-20-01·12-417·001 951 Westlawn Ave. Janet Ellis 75 345 0 21 2.00 $345.86 $2,078.62 33-20-01·12-431-012 300 Wildwood Dr. William Frey and Sarah Thomton Frey 241 375 0 21 $1,111.37 $2,159.82 33·20-01·12-431-013 324 Wildwood Dr. Gregory Deruiter 175 0 0 0 $807.D1 $0.00 33-20-01·12-431·014 334 Wildwood Dr. Hubert Kolemainen CIO Ellen Kolemainen 175 0 75 0 $1,201.18 $0.00 33·20-01·12-431-015 340 Wildwood Dr. Hugh Fox and Maria Costa·Fox 145 0 40 0 $878.89 $0.00 33-20-01·12-431-016 350 Wildwood Dr. Hayder and Margaret Radha 295 0 75 0 $1,754.56 $0.00 33·20-01·12-431-017 362 Wildwood Dr. Stanley and Grace FauQuher 1 Fauguher Family Trust 25 100 0 25 $115.29 $515.25 33·20·01·12-431-018 400 Wildwood Dr. Gary Ralph and lynne Swanson 100 50 50 25 $723.93 $314.75 33·20-01·12-431-019 412 Wildwood Dr. lynn Strause 125 0 0 25 $576.44 $114.25 33·20-01·12-430-009 500 Wildwood Dr. David Brogan 575 15 100 21 $3,177.16 $455.72 33-20-01·13-201-007 512 Wildwood Dr. John and Margaret Roberts 100 0 66.5 0 $810.64 $0.00 33·20-01·13-201-006 520 Wildwood Dr. Michael and Kathryn Rodgers 25 0 0 0 $115.29 $0.00 33·20-01·13-201·005 530 Wildwood Dr. David Pridnia and Liana Dellis·Pridnia 13.6 0 0 0 $62.72 $0.00 33·20-01·13-201-004 540 Wildwood Dr. Brendan and Kimberly Ringlever 160 0 0 0 $737.84 $0.00 33·20·01·13·201-003 602 Widwood Dr. LisaSwem 100 48 0 0 $461.15 $192.48 33·20·01·13·204-002 616 Wildwood Dr. Peter and Ellen Campbell 100.5 0 0 0 $463.46 $0.00 33-20-01·13·200-002 640 Wildwood Dr. Robert and Katherine Carter Co-Trustees! R R & K J Carter Trust 50 1572 0 25 $230.58 $1,194.02 33·20·01·13·200-001 716 Wildwood Dr. WiliiaiTI and Kathleen Butler 75 150 0 0 1.00 $345.86 $601.50 asl ~O~ \ \)\..\' -:..------~ ,\C ?1 ~lfl L() 1 1""Z • .\1134~1~1;:31~\ 1150 '~l1120 n0::: :5 0... 0 0...

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ary Of EAST IMS1NG EAST GLENCAlRN ARE'A _.­_1._- FY 08-09 SIDEWALK MAINTENANCE 11-2 -w...... cant..... -." ..... Attachment E

City of East Lansing, Michigan

Resolution in Support March 28th, 2009 Recognition of Earth Hour

March 28, 2009

WHEREAS, on March 28th, City of East Lansing community members can VOTE EARTH by switching lights off for one hour, in order to tell world leaders that action must be taken to combat global warming; and,

WHEREAS, Earth Hour began in Sydney in 2007, when 2.2 million homes and businesses switched off their lights for one hour. In 2008 the message grew into a global sustainability movement, with 50 million people participating. Global landmarks such as the Golden Gate Bridge in San Francisco, Rome's Colosseum, the Sydney Opera House and the Coca Cola billboard in Times Square all stood in darkness; and,

WHEREAS, this year, for the first time in history, people of all ages, nationalities, race and background have the opportunity to vote with their light switches - turning off lights is a vote for Earth, leaving them on is a vote for global warming; this years tally will be presented to world leaders at the Global Climate Change Conference in Copenhagen 2009; this meeting will determine official government policies to take action against global warming, which will replace the Kyoto Protocol; and,

WHEREAS, Earth Hour is being taken to the next level, with a goal of 1 billion participants switching off their lights as part of a global vote; unlike any election in history, this vote is not about one's country, it is about one's planet; over 74 countries and territories have pledged their support to VOTE EARTH during Earth Hour 2009, and this number is growing everyday; and,

WHEREAS, we all have a vote, and every one counts. Together we can take control of the future of our planet, for future generations.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Lansing hereby urges community members to VOTE EARTH by extinguishing lights for one hour on Saturday, March 28th from 8:30pm-9:30pm.

Victor W. Loomis, Jr. Nicole Evans Mayor City Clerk Adopted: March 17, 2009

Attachment F

City of East Lansing, Michigan

Resolution Celebrating the 80th Birthday of James E. Bibbs, Head Track Coach and Assistant Professor Emeritus, Michigan State University

March 17, 2009

WHEREAS, Coach James E. Bibbs' distinguished career in instructing and coaching Track and Field spans five decades; he has coached at every level including High School, AAU Club sports, Collegiate, National and International Teams; and,

WHEREAS, Coach Bibbs has coached 26 All-Americans and 52 Big Ten Champions including World Record holders Herb Washington and Marshall Dill, US Olympian Judy Brown and US Olympic Head Women's Coach Karen Dennis. He founded the Detroit Track Club winning five consecutive Women's national relay championships; and,

WHEREAS, Coach Bibbs' honors include his naming as AAU Women's Coach of the Year, induction into the Michigan Amateur Athlete and Eastern Michigan University Hall of Fame, selection as a 2000 Winter Olympics torch bearer and in 2001, dedication of the James E. Bibbs High School Football Stadium at Ecorse H.S. He was recently accepted into the Greater Lansing Sports Hall of Fame, given the Unsung Heroes Award and Citizen of the Year by Omega Psi Phi Fraternity; the first annual Kevin Bibbs Gentleman of Distinction Award was bestowed on Coach Bibbs in 2003 and the first annual James E. Bibbs Invitational Track Meet sponsored by the Lightening Lynx Track Club was held in 2006 to raise money for a Jim Bibbs scholarship; and,

WHEREAS, although retired since 1995, Coach Bibbs continues to volunteer coaching at East Lansing High School and serves as a volunteer instructor of Health and Physical education at the Black Child and Family Institute.

NOW, THEREFORE, BE IT RESOLVED, James E. Bibbs is known throughout the community as a role model and mentor to children, youth and adults of all ages; he is a man of integrity and honesty who is never hesitant to share his talent and knowledge with others.

BE IT FURTHER RESOLVED, that the City Council of the City of East Lansing hereby wishes Coach Bibbs a very happy 80th birthday and thanks him for his significant and ongoing contributions to youth in our community.

Victor W. Loomis, Jr. Nicole Evans Mayor City Clerk Adopted: March 17, 2009

Attachment G

CODE ENFORCMENT & NEIGBHORHOOD CONSERVATION Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

FROM: Ann Ezop, Sign Administrator

DATE: March 10,2009

SUBJECT: Ordinance No. 1218

City of East Lansing CODE ENFOCEMENT & NEIGHBORHOOD CONSERVATION 410 Abbot Road East Lansing, MI 48823 Enclosed please find Ordinance 1218 an Ordinance to amend Chapter 32 - Signs - of the Code of East Lansing. (517) 319-6857 www.cityofeastiansing com The Sign Code Review Committee has been meeting since October 2007, with a two month hiatus for my medical leave. During this review process, we have thoroughly reviewed the entire code and made changes which we feel would best serve our community.

There are several sections that have been eliminated, several sections which have been slightly modified, and several new sections that will meet the needs of the changing technology.

Article III. Specifications for regulated signs has the most significant changes. Under Sec. 32-105 Signs permitted for commercial premises, the size for a single wall sign has increased from 72 sq. ft. to 120 sq. ft. Window signs have increased the allowable signage from 20% to 25% of the glazed area. Ground signs have changed to allow either a lower sign or taller sign based on set backs along the road. Pole signs will be allowed to have a lesser clearance and greater square footage of display based on set back along the road as well.

Temporary A-Frame signs has been modified from the City providing a sign to allowing new business owners to use this type of sign for a limited time during the first year of opening a new business.

Real estate banners will be permitted on commercial premises of 3 stories or under, with the same ratio as the banners allowed on the 4 story buildings.

Electronic display signs will be permitted with rate of change being regulated based on speed limit of the road.

CODE ENFORCMENT & NEIGBBORHOOD CONSERVATION Quality Services for a Quality Community

Off Premise signage has been modified to be allowed in industrial or commercial premises which abut a limited-access highway. Digital display off-premise sign age will be permitted but must meet requirements for both off-premise signage and digital display regulations.

All of the language for the structural requirements were removed and will be based on the current Michigan Building Codes, as these Codes periodically change, thus not forcing an Ordinance change to reflect this.

Several definitions have been added for better clarification as well.

Enclosed please find the final revision of the Ordinance for your review and adoption.

Introduced: 03-17-09 Public Hearing: Adopted: Effective:

CITY OF EAST LANSING

ORDINANCE NO. 1218

AN ORDINANCE TO AMEND ARTICLES I, II, AND III OF CHAPTER 32 - SIGNS - OF THE CODE OF THE CITY OF EAST LANSING.

THE CITY OF EAST LANSING ORDAINS:

ARTICLE I. IN GENERAL

Sec. 32-1. Applicability. This chapter shall apply to all persons, firms, associations, and corporations owning, occupying, or having control or management of any premises located within the city limits of the City of East Lansing.

Sec. 32-2. Conflict with other laws. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, housing" fire, safety, or health ordinance or code of the City of East Lansing existing on the effective date of the ordinance from which this chapter is derived, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of any other ordinance or code of the City of East LanSing existing on the effective date of the ordinance from which this chapter is derived establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.

Sec. 32-3. Definitions. The following definitions will apply in the interpretation, administration, and enforcement of this chapter: Agricultural premises means premises used or occupied for the cultivation of field crops, truck crops, nurseries, orchards, greenhouses, woodlots, pastures, or the husband of I or small anima or a activities of a similar nature.

Awning sign means a sign which is attached directly to, or painted, or otherwise inscribed upon, an awning. Awnings must be supported entirely from the exterior wall of a building. Awnings shall have non-combustible frames but may have combustible coverings. Awnings shall be either fixed, retractable, folding, or collapsible. Banner means a temporary sign of lightweight fabric or similar material that is mounted to a pole or a building. Promotional banners include those used to announce open houses or grand openings, or to advertise special events. Ornamental banners use images or colors of a decorative nature. Building official means the officer or officers charged, pursuant to this Code, with the administration and enforcement of this chapter and/or their duly appointed deputies, agents, employees, and inspectors. Business center means any group of six or more commercial establishments having a development area of not less than 2 acres which (a) are under one common ownership or management; or (b) have a common arrangement for the maintenance of the grounds and are connected by the party walls, partitions, covered canopies or other structural members to form on continuous structure; or (c) share a common parking otherwise the ce of one continuous commercial area.

Clearance of a sign means the vertical distance from the lowest part of the face of the sign to the average ground level at the base of the sign. Commercial premises means premises used or occupied for transportation, retail sales, or service businesses; wholesale sales facilities; apartment hotel, tourist homes or motels; or commercial recreation. Construction sign means a sign erected at a construction site identifying architects, engineers, contractors, or other parties responsible for a project, or identifying the intended purposes or uses of the building. Curbline means the back line of the curb. (1) Existing curbline means the curbline of an existing curb. (2) Future curbline means the future design curbline (as determined by the city engineer) of a four-lane roadway. For the purpose of determining permitted sign locations according to this chapter, the "future curbline" shall be the point of reference for signs permitted along Coolidge Road, Lake Lansing Road, Hagadorn Road north of Saginaw Street, and Abbott ~ Road north of Lake Lansing Road. Development entry sign means a sign which identifies the name of a residential development or the developer or the type of residential structures included in the

devel and which is harmonious in a with that \f1r'lnlT\f

Directional sign means a sign identifying the exit(s) and entrance(s) of premises, and containi the name or of the ises or information directional thereto.

Freestanding sign means a sign, the principal support of which is independent of any buildi . Height of sign means the maximum vertical distance from the uppermost extremity of a sign or sign support to the average ground level at the base of the sign. Indirectly illuminated sign means a sign illuminated with a light source so shielded as to illuminate only the surface of the sign. Institutional premises includes such premises or portions thereof upon which is situated a public utility or other publicly owned, operated, or administered facility; any public, private, or commercial-vocational school; a cultural facility, including a museum, art gallery, library, or auditorium; or a religious or charitable facility. Major street means an expressway, regional thoroughfare, or major arterial as identified in the major street plan adopted by the City of East Lansing as part of the comprehensive plan. Marquee sign means a sign which is attached directly to, or painted, or otherwise inscribed upon a marquee. Marquees shall be permanently roofed structures attached to and supported by the building and prOjecting over public property. Multiple-family residential premises means premises used or occupied as residences for three or more families or as group housing. Off-premises sign means a sign which directs attention to a use, business, commodity, service or activity not conducted, sold or offered, or provided upon the premises. On-premises sign means a sign which identifies the occupant of the premises or relates solely to the use, business or profession conducted, or to a prinCipal commodity, service, or entertainment sold, offered, or provided upon the premises. Political sign means a sign relating to the election of a person or persons to public office or relating to a political party or relating to a matter to be voted upon at an election called by a public body. Portable sign means any sign, which by its description or nature maybe, or is intended to moved from one location to another.

Premises means a unit of contiguous real property under common ownership. Projecting sign means any sign attached to a building which extends more that 12 inches beyond the vertical surface of the building which supports it. Real estate sign means a sign advertising the sale, rental, or lease of the premises or part of the premises on which the sign is displayed. Recreational premises means premises used or occupied for recreational purposes, including parks, play areas, indoor or outdoor swimming pools, bathing beaches, boating and fishing areas, winter recreational areas, nature study areas, community halls and fairgrounds. Roof sign means a sign which is attached to a building and any part of which extends more than one foot above either the top line of the building silhouette or any portion of the roof surface. Sign means any name, identification, description, display, illustration, surface, or device (including its structure and component parts) which affixed to, painted on, or otherwise represented directly or indirectly upon a building, structure, or land; which bears any inscription, notice, motto, or design, or which directs attention to an object, product, place, activity, person, institution, organization, or business; and which is visible from public street, right-of-way, sidewalk, alley, park, or other area open to the public. Sign band means a horizontal band extending the full width of the building fayade and located between the highest first floor window and a horizontal line six feet above that point. Surface display area of a sign means the area expressed in square feet, within a single continuous rectilinear perimeter of straight lines enclosing the extreme limits of writing, representations, emblems, or figures of a similar character, together with all material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, provided that (a) in the case of a sign designated with more that one exterior face, the area shall be computed as including only the maximum single displayed surface which is visible from the ground position; (b) the supports, uprights, or structure on which any sign is supported shall not be included in determining the surface display area unless such supports, uprights, or structure is designed in such a manner as to form an integral background of the display; and (c) the areas of lamps, neon tubing, or artificial illumination on walls of any structure shall be counted as part of the total allowable sign area. Wall sign means a sign which is attached directly to, or painted, or otherwise inscribed upon, a building wall. Window sign means any sign which is ClLlIIJ""''''

Sec. 32-4. Insurance. All persons placing, displaying, or maintaining any sign on premises owned or occupied by him/her, or on the premises of another shall keep in force and provide upon demand by the building official a public liability insurance policy in the amount of $50,000.00 for injury to one person, $100,000.00 for injury to more than one person, and $25,000.00 for damage to property in anyone accident, for the protection of the public, and the licensee including the owner and occupant of the premises where the sign is installed, maintained, or located, against liability or loss of any nature whatsoever ariSing out of or resulting from the existence or maintenance of the sign or the falling of the sign or any part thereof. Said policy of insurance shall provide that it may not be canceled as to any party insured without ten days notice of intention to cancel, in writing served upon the building official as well as upon such other party. The provisions of this section shall not apply to signs which consist solely of illustrations which are painted upon a permanent part of the building structure. In lieu of an insurance policy as required herein, an owner may present proof satisfactory to the city attorney that said owner is finanCially capable of self-insurance in the above amounts.

Sec. 32-5. Court order upon refusal of access to premises. If any owner, occupant or other person in charge of any premises fails or refuses to permit free access and entry to the premises under his/her control or part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the building official may, upon a showing that a probable cause ~xists for the inspection and for the issuance of an order directing compliance with the requirements of this chapter, petition and obtain such an order from a court of competent jurisdiction. Failure to comply with such an order shall constitute a violation of this chapter.

Sec. 32-6. Signs not regulated. (a) The following signs, except as in this chapter expressly included, shall be excluded from the requirements of this chapter, and shall not require annual licenses or permits for construction. (1) One wall sign or one ground sign not exceeding one square foot in surface display area to designate an assigned house number or building name. Such signs shall not be counted in the total sign area permitted the premises. Such signs in excess of one square foot in surface display area may be permitted as part of a total sign area otherwise permitted under this chapter.

(2) Any sign, traffic signal, or warning device erected or displayed by any public agency. Such signs shall not be counted against the number of signs or against the total sign area permitted on the premises in which they are located.

(3) Freestanding signs or wall signs indicating "No Parking," "Fire Lane," "Entrance," "Barrier Free Access" and similar wording when such sign are required to be erected by a public agency. Such signs shall not be counted against the number of signs or against the total sign area permitted on such premises, provided they do not exceed three square feet per sign. No license shall be required for such sign if approved by the traffic engineer.

(4) Signs existing on the effective date of the adoption of the ordinance from which this chapter is derived which are maintained by a church, school, community center, or other public building.

(6) Memorial signs or tablets denoting the name or date of erection of a building when cut into a masonry surface or when constructed of bronze or other incombustible material.

(7) Flags bearing the official design of a unit of government, education institution, or civic league or organization, fraternal benefit societies, order or association, or any organization operated exclusively for religious, charitable, scientific, literary, or education purposes.

(8) Signs not exceeding two square feet which contain only noncommercial messages including designation of restrooms, telephone location, or direction of door openings.

(9) Seasonal decorations and community event signs placed in the public right­ of-way which advertises public entertainment or events of general public interest, provided the dates and locations of placement shall be approved by the city manager.

(10) Parking information signs containing only directional information or pedestrian or vehicular warning and control material. Such signs shall have a surface display area not more than three square feet and shall not exceed five feet in height.

(11) Parking reservation signs not exceeding one square foot in surface display area and not exceeding three feet in height. (12) One double-faced freestanding or wall construction sign, with a maximum limit of two signs per premises, subject to the height and clearance limitation applicable to said premises for a permanent sign, and subject to the following restrictions:

a. Construction signs in a residential district shall not exceed 12 square feet in surface display area per face and shall be set back at least 15 feet from the nearest curbline.

b. Construction signs in all other districts shall not exceed 50 square feet in surface display area and shall be set back at least one foot from the nearest property line.

c. No construction sign shall be permitted in any district for more than 30 days after issuance of certificate of occupancy.

(13) Political signs not exceeding 3 Y2 feet in height or 24 square feet in surface display area per sign or 72 square feet aggregate surface display area for all such signs.

(14) One wall or freestanding real estate sign, provided that, such signs are removed ten days after the sale, lease, or rental of the property upon which erected, subject to the following further conditions:

a. Real estate signs in residential zoning districts shall not exceed six square feet in surface display area per face and shall not exceed 3 Y2 feet in height, and if freestanding, shall be set back at least 15 feet from the nearest property line.

b. Real estate signs in commercial zoning districts shall not exceed 15 square feet in surface display area per face, nor exceed 14 feet in height, and if they are free standing, shall be set back at least 25 feet from the nearest existing or future curbline, or in the absence of the curbs, 25 feet from the nearest edge of the pavement.

c. There shall be a limit of one (1) sign per property.

(15) Signs maintained by a political subdivision of the State of Michigan. (16) Directly or indirectly illuminated signs which do not contain any illustration or communicate any message other than time, temperature, barber poles, or market quotations.

(17) Development entry signs identifying the name of single-family and two-family residential developments and any development entry sign located within the public right-of-way which is located and maintained pursuant to a valid authorized ~l)~~~~=~~~S~~~~:t~'!!i!=~;= sestion 38 34 of this Code. p~gPllSJQEb:tQ;1AQ~.41L~J.l!5j!Il!~~U~~

(18) Special event signs and banners or a religious institution, school, fraternity, sorority, cooperative house, museum, community recreation facility, or library indicating the name, current displays or activities, and having a surface display area not greater than 25 square feet. These signs shall remain in place for not more than 21 days before, and seven days after, the event.

(19) Plaques or signs not exceedi historic structure or district,

(20) One building directory sign not exceeding six (6) square feet with letter height not greater than two (2) inches painted on or attached to the building which contains only the names of the building occupants.

(21) One restaurant menu sign not exceeding ~i!I square feet with letter height not greater than two (2) inchos which contains only the menu items.

(b) A violation of section 32-6(18) is a municipal civil infraction. If the individual person who erected or maintained the sign in violation of this subsection cannot be identified, the owner of the property on which the sign is placed shall be deemed responsible for the violation.

Sec. 32-7 Prohibited signs.

(a) Unless otherwise permitted by any provision of this chapter, no sign shall be constructed, erected or maintained:

(1) Which purports to be or is an imitation of, or resembles an official traffic sign or signal, or which bears the words "Stop," "Go Slow," "Caution," "Danger," "Warning," or similar words used in traffic control.

(2) Which, by reason of its size, location, context, coloring, or manner of illumination may be confused with or construed as a traffic control sign; or which either hides from view and approved traffic or street sign or signal, confuses or misleads traffic, obstructs vision necessary for traffic safety, or distracts from visibility of traffic signs.

(3) Which consists of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or elements creating sound, except seasonal decorations and community event signs, except where permitted by section 32-105(a)(12).

(4) Which has any visible moving part, visible revolving parts, or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, including intermittent electrical pulsations, or by action of normal winds currents, other than for the conveyance of noncommercial information which requires periodic change, except where permitted by section 32- 105(a).

(5) Signs which incorporate in any manner flashing or moving lights, other than those described in section 32-6(a) 16.

(6) Which is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment, or is not kept in good repair, or is capable of causing electrical shocks to persons likely to come in contact with it or vehicles colliding with it.

(7) Which obstructs the ingress to or egress from a required door, window, fire escape, or other required exitway.

(8) Which is unlawfully installed, erected or maintained.

(9) Which consists or is part of an ?utdoor m.erch~ndise diSPI~r_ screened from streets or adjacent residential property, ~. .

(10) Which is a projecting sign, except where permitted by section 32- 105.

(11) Which projects over 12 inches into the public right-of-way, except marquee signs which have been constructed pursuant to a valid building permit authorized by the city council, and except development entry signs approved by the city council. No person, corporation, or unincorporated association shall erect or maintain a development entry sign within the public right-of-way without first having obtained a permit and filing a certificate of insurance as required by sec. 38-34 of this Code.

(12) Which is a roof sign.

(13) Which is a portable sign, or an A-frame sign, except where permitted by section 32-105(a).

(14) Which exceeds +J.121 square feet in surface display area. (15) Which is not expressly permitted by this chapter or which violates any provision thereof.

(16) Which is mounted to a vehicle parked on private property or within a public right-of-way, when such vehicle is parked for the purpose of display.

(17) Which is not expressly allowed by this chapter to be placed in the public right-of-way.

(b) A violation of subsection (a) (3), (5), (9), (13), (16), or (17) of this section is a municipal civil infraction. If the individual person who erected or maintained the sign in violation of subsection (a)(13) of this section cannot be identified, the person, firm, or organization designated on the sign as being the sponsor or primary benefactor shall be deemed responsible for the violation. If the individual person who erected or maintained the sign in violation of sUbsection (a) (3), (5), (9), (16), or (17) of this section cannot be identified, the owner of the property on which the sign is placed shall be deemed responsible for the violation.

Sec. 32-8. Premises in city exempt from sign regulations.

Notwithstanding the foregoing, the provisions of this chapter shall not apply to premises owned, occupied or under the control or management of the City of East Lansing.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT*

DIVISION 1. GENERALLY

Sec. 32-31. Criminal penalty.

Unless a provision is expressly designated as a municipal civil infraction, conviction for violation of any provisions of this chapter shall constitute a misdemeanor punishable as provided in section 1-12 of the Code of the City of East Lansing. Criminal proceedings for enforcement of this chapter may be instituted prior to, concurrently with, or subsequent to, any civil enforcement proceedings authorized by law.

Sec. 32-32. Penalty for civil infractions.

Every person found responsible for a violation of any provision designated as a civil infraction shall be punished as provided in section 1-13 of the Code of the City of East Lansing.

Sec. 32-33. Appearance tickets and citations.

The chief code official and his/her appointed officers and inspectors shall be authorized to issue and serve appearance tickets and citations with respect to any violations of this chapter, pursuant to section 9c(2) of Public Act No. 175 of 1927 (MCl 764.9c(2» and MCl 600.8707. Parking and code enforcement officers may issue and serve citations in accordance with MCl 600.8707 for any violation designated a civil infraction.

(Code 1994, ch.99, § 8.13; Ord. No. 984, ch. 99, § 8.13,3-6-2001)

Sec. 32-34. Civil remedies.

Any sign or sign structure erected, used, or maintained in violation of this chapter or in disobedience to any order validly issued by the building official pursuant hereto, is hereby declared to be a nuisance per se. Upon application by the city or any interested party to any court competent jurisdiction, the court may order the nuisance abated and/or the violation, threatened violation, or disobedience restrained and enjoined, notwithstanding that such violation or disobedience may be punishable by fine or imprisonment as above provided.

(Code 1994, ch. 99, § 8.14)

Secs. 32-35-32-50. Reserved.

DIVISION 2. LICENSES AND PERMITS

Sec. 32-51. Permits.

No person shall erect, place structurally alter, paint, or add to any sign for which a license is required, nor attach any sign to an existing sign, which shall either increase the area thereof or constitute a structural alteration thereof or an addition thereto, without first obtaining a permit to do so in the hereinafter provided.

(1) Application for sign construction permits. Application for such permit shall be filed upon forms provided by the building official and shall contain or have attached the following information:

a. Name, address and telephone number of the applicant.

b. location of building, structure, or lot to which the sign is to be attached or erected.

d. Two (2) drawings of the plans and specifications and method of construction and attachment to the building or in the ground. e. Copy of stress sheets and calculations, if deemed necessary, showing the structure as designed for dead load and wind pressure in accordance with regulations adopted by the building official.

f. Name and address of person, firm, corporation, or association erecting the structure.

g. Liability insurance certificate.

h. Such other information as the building official my require to show full compliance with this and all other applicable laws of the City of East Lansing and the State of Michigan.

i. In the discretion of said building official, When the public safety requires, the drawings, plans, and specifications required with the application shall bear the certificate or seal of a registered architect or engineer as a condition to the issuance of a permit.

(2) Permit fee. The fee for permits required pursuant to this section shall be based upon th,:, S~rf.:ace~~~.~ ..~~~a~f~.th.~e.~s4.i.~~to.be e. rected, a~tered, or added. asfollohs. _.__

,.-, Display Are Permit Fee I~,..· ,,,ro /:'.0.0+\ Q.-4G $26.00 ~~ 130 $132.00 a~ 713 $78.00 G~Ler 713 $~~O.OO

The fee for any required permit shall be doubled if work is started prior to the issuance of the permit.

(3) No permit required. No permit shall be required for ordinary servicing, repainting of existing sign message, or cleaning of a sign. No permit is required for change of a message of a sign designed for periodic message change without change to structure, including a bulletin board or billboard, but not including a sign to which a new permanent face may be attached.

(4) Liability insurance. Every person shall before erecting, altering, adding to, or repairing a sign in the City of East Lansing, furnish the building official with a public liability insurance certificate verifying that the person is insured against personal injury and property damage arising out of such activity to the extent of $50,000.00 for injury to one person, $100,000.00 to more than one person and $25,000.00 for damage to property. Sec. 32·52. License required.

No person shall place, display, or maintain any sign on the premises owned or occupied by him/her, or on the premises of another without first obtaining an annual license therefore, in the manner hereinafter provided.

Sec. 32·53. License application.

(a) The application for each sign license shall state the name and address of the person applying for therefore and shall set forth:

(1) The name and address of the owner of the premises where the sign is to be erected.

(2) The name and address of the occupant of the premises where the sign is to be erected.

(3) The name and address of the owner of the sign.

(4) The location, type and display area of the sign.

(b) Such application shall be filed with the building official. If the building official finds that such sign conforms to all provisions of this chapter, he/she shall approve the application therefore. The building official, upon approval of the application and upon the receipt of the license fee, shall issue a license. All sign licenses shall be renewed annually in accordance with Chapter 8, Article II, Division 2 of the city code.

Sec. 32·54. License fees.

The annual fees for licenses issued under this ~ area of the sign as foll(YNs.

,., Display Are License Fee (C!.. ~ c~ ,4\ Q-1-Q $13.00 11 50 $26.00 51 75 $39.00 Glier 75 $65.00

Sec. 32·55. Inspections.

(a) Generally; notice of violation. All sign work for which a permit is required shall be subject to inspection by the building official, and all such work shall remain accessible for inspection purposes until approved by the building official. In addition, the building official may, at such times as deemed necessary, inspect and sign licensed under this chapter and if, upon inspection, a sign is found to be unsafe or in a condition that does not comply with all the provisions of this chapter, the building official shall give notice if such condition to the owner or the person responsible for such sign and such person shall, within 7 days thereafter, make or cause to be made, the necessary repairs or alterations, or remove the sign. If the building official finds a sign to be in a condition constituting such a danger to public safety that immediate repairs or the removal thereof are required, he/she shall take such steps as may be necessary to protect the safety of the public.

(b) Inspection requests. It shall be the duty if the person erecting the sign, authorized by a permit, to notify the building official that such sign is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official.

(c) Required inspection after completion of sign. The building official, upon notification, will inspect the sign after it has been erected and shall either approve the sign as completed or shall notify the permit holder or their agent wherein the sign fails to comply with this Code.

DIVISION 3. APPEALS

Sec. 32-71. Application for reconsideration; informal conference.

(a) Any person aggrieved by a notice or order of the chief code official or a warning by parking and code enforcement officers issued in connection with any alleged violation of this chapter or of applicable rules and regulations issued pursuant thereto, may apply to the code official for a reconsideration of such notice or order, if said application is made within five working days after the notice or order has been issued.

(b) The chief code official shall set a time and place for an informal conference on the matter within five working days of the receipt of such application, and shall advise the applicant of such time and place in writing.

(c) At the informal conference, the applicant shall be permitted to present their grounds for believing that the notice or order should be revoked or modified to one or more representatives of the code official.

(d) Within five days following the close of the informal conference, the code official shall give notice to the applicant whether or not he/she will modify or set aside the notice or order.

Sec. 32-72. Sign board of appeals.

The East Lansing Building Board of Appeals shall constitute a board of appeals for the purposes of this chapter, except in cases involving a question of violation of the East Lansing zoning code; such cases shall lie before the zoning board of appeals. Sec. 32-73. Right of appeal.

Any person aggrieved by notice or order of the code official or a warning by parking and code enforcement officers issued in connection with any alleged violation of the provision of this chapter or any applicable rules and regulations pursuant thereto, may file with the board of appeals a petition setting forth their reasons for contesting the notice or order.

Sec. 32-74. Petition filing.

Such petition shall be filed within ten days after the notice or order is served on petitioner, except where the petitioner has made timely application to the building official of his/her deciSi?_0nw the.i~formal..

Sec. 32-75. Time and place of hearing; notice of hearing.

Within 45 days after a valid petition, the board of appeals shall conduct a hearing. The building official shall set the time and place of said hearing, and at least ten days prior to the hearing date serve the petitioner and the board of appeals with the notice thereof in a manner provided for the service of notice by section 32-80(a).

Sec. 32-76. Action by board of appeals.

(a) The board of appeals shall have the power to modify or reverse, wholly or partly, the notice or order, and may grant an extension of time for the performance of any act required of not more than three additional months, where the board of appeals finds that there is practical difficulty or undue hardship connected with the performance of this chapter or is applicable rules or regulations issued pursuance thereto, and that such extension is in harmony with the general purpose of this chapter to secure the public health, safety and welfare.

(b) The board of appeals shall return a decision upon each case within 60 days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Notwithstanding the foregoing sentence, the board may, in appropriate cases, be permitted as extension of time after hearing the case, in which to make its decision provided such an extension shall not exceed 30 days. Any decision of the board shall not become final until the expiration of five days from the date of entry of such order unless the board shall find that the immediate effect of the order is necessary for the preservation of the property or personal rights and shall so certify on the record.

(c) The concurring vote of four members of the board of appeals shall be necessary to reverse, wholly or partly, or modify any order, requirement, decision, or determination of the building official, or to decide in favor of the applicant any matter upon which they are required to pass or to effect any variation in this chapter. (d) After a variance has been denied in whole or in part by the board, then such application shall not be resubmitted for a period of one year from the date of the last denial. A denied variance may be reconsidered by the board when, in the opinion of the building official, or the board, newly discovered evidence or changed conditions warrant such reconsideration.

Sec. 32·77. Scope of hearing.

At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn, or why the period of time permitted for compliance should be extended.

Sec. 32·78. Stay.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the building official certifies to the board of appeals, after the notice of appeal shall have been filed with him/her that by reason of the facts stated in the certificate, an emergency exists, in which case the proceedings shall not be stayed, except by retraining order or by circuit court, following a timely notice of application therefore, to the building official.

Sec. 32·79. Variances.

(a) A variance may be allowed by the sign board of appeals only in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal supports all the following affirmative findings:

(1) That the alleged hardships or practical difficulties, or both, are exceptional and peculiar to the property of the person requesting the variance, and result from conditions which do not exist generally throughout the city.

(2) That the alleged hardships and practical difficulties, or both which will result from a failure to grant a variance, include substantially more that mere inconvenience, or mere inability to attain a higher financial return.

(3) That allowing the variance will result in SUbstantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure of the board to grant a variance, and the rights of others whose property would be affected by the allowance of the variance, and will not be contrary to the public purpose or general intent and purpose of this chapter.

The above findings of fact shall be made by the board of appeals, which is empowered to grant a variance without an affirmative finding fact in each of the categories above. Every finding of fact shall be supported in the record of the proceedings of the board.

(b) Nothing contained herein shall be construed to empower the board of appeals to substantially change the terms of this chapter, or to significantly add to the types of signs permitted on any premises. Sec. 32-80. Appeal procedures.

(a) The board of appeals shall give due notice of all hearings to all owners of record of real property within 300 feet of the premises in question; such notice shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll.

(b) All persons shall be required to appear in person or to be represented by a duly authorized agent.

(c) The board of appeals shall prepare an official record for each appeal and shall base its decision on this record. The official record shall include:

(1) The relevant administrative records and administrative orders issued herein relating to the appeal.

(2) A notice of appeal.

(3) Such documents, exhibits, photographs, or written reports as may be submitted to the board for its consideration.

(d) The requisite written findings of fact, the conditions attached, the decisions and orders by the board of appeals in disposing of the appeal shall be Signed by the secretary of the board.

ARTICLE III. SPECIFICATIONS FOR REGULATED SIGNS

Sec. 32-101. Maintenance of signs.

All signs for which a license is required and all supports therefore shall:

(1) Be kept in compliance with the plans and specifications filed and approved for issuance of the construction permit;

(2) Be kept and maintained in a safe condition; and

(3) At all times conform to all the provisions of this chapter.

Sec. 32-102. Signs permitted for single-family and two-family residences and developments.

(a) On premises used, occupied, as a single-family residence, there shall be permitted one indirectly illuminated wall sign not to exceed one square foot in surface display area.

(b) On premises used, occupied, single-family or two-family developments, there shall be permitted one directly or indirectly illuminated development entry wall sign or freestanding sign at each entrance of a subdivision. Freestanding signs shall be set back so that the face of the sign is not less that 25 feet from the nearest existing curbline, or in absence of curbs, 25 feet from the nearest edge of pavement, or where applicable, 25 feet from the future curbline and shall not exceed 3 Y2 feet in height. The surface display area of such sign shall not exceed 12 square feet.

Sec. 32-103. Signs permitted for multi-family residences.

On premises used, occupied, multi-family residences, there shall be permitted indirectly illuminated on-premises wall sign(s) or on-premises, freestanding development entry sign(s). The aggregate area of such sign(s) shall not exceed 36 square feet of surface display area. Freestanding signs shall be set back 25 feet from the nearest existing curbline, or in the absence of curbs, 25 feet from the nearest edge of pavement, or where applicable, 25 feet from the future curbline.

Sec. 32-104. Signs permitted for agricultural, recreational, or institutional premises.

On premises used, occupied, agricultural, recreational, or institutional there shall be permitted one indirectly illuminated wall or freestanding, on-premises sign not to exceed 40 square feet in surface display area and not to exceed ten feet in height. The sign shall be located at the entrance to a structure or facility on the premises and shall be set back at least 25 feet from the nearest existing curbline, or in the absence of curbs, 25 feet from the nearest edge of pavement, or where applicable, 25 feet from the future curbline.

Sec. 32-105. Signs permitted for commercial premises, office and professional premises, or located within the D.D.A. District.

(a) On all premises used, occupied or zoned for commercial purposes there shall be permitted the following signs:

(1) Wall signs. One or more on-premises wall signs, directly or indirectly illuminated with an aggregate surface display area not to exceed two square feet per lineal foot of exposed wall surface fronting a public street, alley, or parking area. No wall sign shall be placed closer than 12 inches to the side of the build line or leased line. Within the B 3 City Center commercial district, the follo'A'ing additional provisions shall apply: Signs may have visible moving parts, visible revolving parts, or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, including intermittent electrical pulsations, or by action of normal wind currents, other than for conveyance of noncommercial information which requires periodic change; signs may incorporate flashing or moving lights other than those described in section 32-6(a); and signs may be designed to be indicative of the nature of business with the administrative approval of the Building Official/Building Board of Appeals.

(2) Window signs. On-premises windo~signs shall b~ permitted if the surface display area of the sign §ll1WiBmIif~l does not exceed ~ 4~ percent of the glass surface area per framed window. ~ Freestanding signs. One on premises, freestanding sign, directly or indirectly illuminated, shall be permitted for those premises having at least 100 feet of major street frontage. Corner premises shall be permitted one freestanding, on premises sign on each major street frontage of more than 100 feet. Such signs shall not be more than 14 feet in height, and, if more than 3 % feet in height, must have at least seven feet of clearance. Such signs may be multi faced, but shall not exceed 50 square feet in surface display area per face and shall be set back 25 feet from the nearest existing curbline, or, in the absence of curbs, 25 feet from the nearest edge of pavement.

(4) Joint signs. A commercial premises, which is not permitted a freestanding sign under the provisions of sub section (a)(3) of this section because of inadequate frontage on a major street, may apply for and obtain a joint license for said sign jointly with one or more adjacent commercial premises so long as the aggregate frontage of all jOint applicants exceeds 100 feet of frontage on a major street. In such event, no more than one freestanding sign shall be permitted for the aggregate frontage of all joint applicants nor may such applicants join in more than one application for a sign license.

(5) Directiona! &igns. Each premises shall be permitted one directional sign located immediately adjacent to each exit, entrance, or change of direction of '.!ehicular or pedestrian travel. The sign shall not exceed 5 feet in height and shall not eX'ceed four square feet in surface display area. The sign may be directly or indirectly illuminated.

(6) Awning signs. One or more indirectly illuminated a'lt'Aing sign may be located on an awning 'Nhich projects over a public side'Nalk provided that such alNnings shall not eX'tend more that eight feet over the public right of 'Nay nor be closer than three feet to the curbline. The aggregate surface display area of awning signs and 'Nail signs shall not eX'ceed two square foet per lineal foot of eX'posed eX'terior wall surface fronting a major street, alley, or parking area. ~Jo awning sign shall be placed closer than 12 inches to the side building line or leased space line.

(7) Marquee signs. Upon approval of City Council, one or more directly or indirectly illuminated marquee signs may be located on a marquee which projects over public property. The aggregate surface display area of marquee signs and wall signs shall not eX'ceed 1:\\'0 square foet per lineal foot of eX'posed eX'terior wall surface fronting a major street, alley, or parking area. The horizontal clearance be1:\'/een a marquee sign and the curbline shall not be less than 1:\'/0 foet nor may the sign project more than 12 inches beyond any vertical surface of the marquees which supports it.

(8) Proiecting a,l.l9j' signs. Along alleys within the D.D.A, one projecting sign shall be permitted for each commercial premises having frontage on the alley. Each projecting sign shall be no larger than siX' square feet, directly or indirectly illuminated, and shall depict andlor list the business name andlor type of business. Each sign shall be constructed of solid materials, attached securely te the building. Such signs may project ne more than four feet from the building and no more than 12 inches into the alley right of way. In those alleys where vehicular traffic is prohibited, the bottom of the sign shall be a minimum of eight feet above grade. In all other locations, the bottom of the sign must be at least 14 feet above grade.

(9) Projecting street signs. Along streets "'lithin the 0.0./\. one projecting sign shall be permitted for each commercial promises having frontage on the street. Commercial premises ha'ling frontage on 1;\',10 streets shall be permitted 1;\',10 projecting signs. Each projecting sign shall be no longer than 8 square feet per side, no 'Nider than 12 inches be1;\veen sign faces, directly or indirectly illuminated, and shall depict and/or list the business name and/or type of business. Each sign shall be constructed of solid materials, attached securely to the building. Such signs may project no more that 48 inches beyond any vertical surface of the building which supports it. Signs shall be located within the sign band no closer than 10 feet from the edge of that portion of the building which the commercial premise occupies. The bottom of the sign shall be a minimum of eight feet above grade.

(10) Temporary sjgns. The city may make temporary signs available to businesses for display in the dO'Nntown development area as provided hereinafter. The temporary signs shall be an A frame sign which states "East Lansing welcomes (business name)." Each ne'N business shall ha'le priority in the use of these temporary signs on an as available basis and may display the sign for 30 days within one year of opening its new business vlithin the downtown development area by posting a $100.00 deposit and paying a maintenance fee as specified in chapter 8, article II, division 3. For existing business, the signs (if available) may be displayed for up to seven days per year by posting a $100.00 deposit and paying a maintenance fee as specified in chapter 8, article II, division 3.

(11) Menus. A menu no larger than 18 by 24 inches shall be permitted in a vlindow or next to a door for any restaurant. For those restaurants set back more than 10 feet from the property line, an additional freestanding sign for use in displaying the menu shall be permitted. The dimensions shall not exceed 18 by 24 inchos. (This sign shall not count against allowable square footage nor shall it require a permit.)

(122 Banners. (am Banners.

a. For all commercial premises within the dO'.amtown development afea with a permanent address, one special event (nonsale related) banner up to eight square feet in area shall be allowed for u to ten consecutive three times eeiF-Vt:~-iH-fle--6RaFtlle

Those commercial premises within the downtown development area with a permanent address who desire to advertise an extraordinary event shall be permitted to apply to the downtown development authority for the right to display up to a 50 square foot banner for up to 30 days each year. An extraordinary event shall include, but not be limited to, advertising the appearance at the location of a nationally known figure or personality or the appearance of some special entertainment event not regularly occurring within the mid-Michigan area.

b. In addition, all commercial premises and all noncommercial private and public organizations permanently established in the downtown district shall also .~__ .ermittedthree "seasonal" banners up to three foet by four feet ~: ~ ,.. .'. _ . These would include banners for churches and other nonprofit institutions and the display of such banners as "springtime" banners or the like, provided the banners do not constitute a "sign" as defined by section 32-3. Such banners may project no more than three feet from the building and no more than 12 inches into the alley right­ of-way. In those alleys where vehicular traffic is prohibited, the bottom of the banner shall be a minimum of eight feet above grade. In all other locations, the bottom of the banner must be at least 14 feet above grade. These banners must be secured by a frame and/or post-and-arm method of installation.

c. Real estate banners for all commercial, office and profeSSional premises may be permitted on buildings four stories or taller. They shall not exceed 40 feet in I or 120 uare feet in size. Speed Limit Rate of Display Change

25 mph 12 seconds 30 mph 12 seconds 35 mph 12 seconds 45 mph 10 seconds 55 mph 10 seconds 70 mph 10 seconds

(b) For premises used, occupied, or zoned entirely for professional or business offices, there shall be permitted one on-premises directly or indirectly illuminated ground sign where there is at least 50 feet or more of frontage on a major street. The sign may not exceed five feet in height and must be set back 25 feet from the nearest existing curb or future curbline, or, in the absence of curbs, 25 feet edge of pavement. Such signs may be multi-faced, and may not exceed 20 square feet in surface display area per face. Buildings containing one or more business or professional offices shall be permitted one building directory sign. Such signs must be located on the lower or first story of the building. A wall sign may be five square feet per tenant; provided, however, in no circumstance shall the total building directory signs exceed one square foot per lineal foot of building on the street. Sec. 32-106. Signs permitted for business centers.

Each business center shall be permitted one on-premises, freestanding or wall sign, directly or indirectly illuminated, when such business center has at least 100 feet of major street frontage. The sign shall be no more than 20 feet in height and must have not less than seven feet of clearance. The sign may be double-faced and shall not exceed 72 square feet in surface display area per face. The sign shall be set back at least 25 feet from the nearest existing curbline or future curbline, or, in the absence of curbs, 25 feet from the nearest edge of pavement. The placement of a business center sign shall not result in any reduction in the number of signs or sign area otherwise permitted under this chapter for the premises included within the business center, but shall result in all other freestanding signs being prohibited within the business center.

Sec. 32-107. Signs permitted for gasoline service stations sta~Yf!S",~~~_J2Jl~

In addition to the signs otherwise permitted by this chapter, on each premises used as a gasoline service station, there shall be permitted the following signs:

(1) Gasoline pump signs not exceeding three square feet per pump containing customary information regarding the brand and type of gasoline sold. (2) Two wall or double faced, freestanding signs permanently affixed to the premises indicating the price and grade of gasoline sold, not exceeding 16 square feet in surface display area per face with a maximum height not to exceed 14 feet. Freestanding price signs in excess of 3 Y:z feet in height shall have a minimum clearance of seven feet. Such signs may not project into the public right-of-way.

(3) Three display racks for the erderly display of oil, tires, or accessories, not exceeding seven foet in height or six feet in length (including attached signs and printed product information) and set back 25 feet from the nearest curbline.

Sec. 32-108. Permitted off-premises signs.

Off-premises, freestanding or wall signs, including billboard structures or signs, shall be permitted on premises which are not otherwise used or occupied for the uses or purposes described in sections 32-102 through 32-107 subject to the following restrictions:

(1) Off-premises signs shall be permitted only on premises which are zoned~~~WR~~~~~~~~~~~

(2) Such signs may be multi-faced and shall not exceed 300 square feet in surface display area per face, nor 35 feet in height.

(3) Such signs may not be directly illuminated and may be indirectly illuminated only if it does not obscure or interfere with an official traffic control device.

(4) Such signs shall be set back not less than 25 feet from the nearest existing or future curbline, or in the absence of curbs, 25 feet from the edge of pavement ff_1ral~6IIr_ or the minimum setback for buildings for the zoning district within which the sign is located, whichever is greater, provided however, that where such sign is located within 100 feet of a building, the sign need only be set back a distance ual to the setback of the front line of the build

(5) Each off-premises sign shall be located so that the signs are spaced apart a distance of not less than ~ ~ feet measured along the nearest common side of the acijacent major street, jf'~, provided however, that where such signs are separated by a building or other visual obstruction in such a manner so that only one sign is visible from the nearest adjacent street at anyone time, such signs may be spaced apart a distance of not less than .:tOO gB feet measured along the nearest common adjacent major street. (6) Such signs shall conform to all requirements of the Highway Advertising Act of 1972, being Mel 252.301 et seq., except where a more restrictive standard is required by this chapter, in which case such signs shall conform to the provisions of this chapter.

(7) Existing off-premises signs which have been permitted by the city on premises zoned M may be continued to be maintained or displayed until January 1, 2005, provided such signs comply with all other provisions of this chapter.

Sec. 32-109. Alteration or re-establishment of non-conforming signs.

Any existing sign on the effective date of the ordinance from which this chapter is derived or any amendment hereto, which does not at that time comply with all of the provisions hereof, including any amendment:

(1) Shall not be changed to another type of sign which is not in compliance with this chapter.

(2) Shall not have any changes made in the words or symbols used to the message displayed on the sign unless the sign is designed for periodic change of message.

(3) Shall not be structurally alerted so as to prolong the life of the sign or so to change the shape, size, type, or design of the sign.

(4) Shall not have its face or faces changed unless the sign is brought into conformance with the requirements of this chapter, or unless the sign is an off-premises sign or billboard constructed to permit a change of face.

(5) Shall not be re-established after the activity, business or usage to which it relates has been discontinued for a period of 90 days or longer.

(6) Shall not be re-established after damage or destruction of the estimated expense of reconstruction exceeds 50% of the appraised replacement cost as determined by the building official.

(7) Shall not ever be placed, maintained, or displayed by someone other than the person who owned the premises on the date of adoption of the ordinance from which this chapter is derived.

(8) Shall not be placed, maintained, or displayed by any person on or after May 1, 1987. Sec. 32 110. 'A'ind pressure resistance requirements.

(a) For the purpose of determining \llind pressure, all signs shall be classified as either open or solid. Signs in which the projected area exposed to 'Nind consists of 70 percent or more of the gross area as determined by the o'llerall dimensions shall be classified as solid signs; those in which the projected aroa is derived from open letters, figures, strips, and structural framing members, the aggregate total area of which is less than 40 percent of the gross area so determined, shall be classed as open signs.

(b) Solid signs shall be designed and constructed to withstand wind pressure of not less than the follo'Ning intensities, applied to the projected exposed area: TABLE INSET:

lAtind I=!ressure in I=!ounds - I=!er SEluare Foot Solid Signs Open Signs Height in Feet From Ground to Top of Sign All Types All Types Less than 50 2&- Ja.-

50 90 W- ~

~OO ~99 Ja.- 4Q-

~OO ~99 ~ ~ dOO d99 4Q- a&-

(c) The exposed area subjected to 'lJind pressure shall be the total area of all parts of the sign, including structural framing, projected on a plane perpendicular

to the direction of the J.... ind. In determining the stress in any member, the wind shall be assumed to blow from the horizontal direction and from that inclination from the vertical (but not to exceed ~O degrees above or below the horizontal) which produces the maximum stress in that member. No shielding effect of one element by another shall be considered where the distance between them exceeds four times the smaller projected dimensions of the 'lJindv.'ard element.

Sec. 32 111. Structural support for nonconforming signs.

In the case of an existing sign of a type not permitted by the provisions of this chapter, the continuation of which is legal by reason of its existence prior to the effective date of the ordinance from which this chapter is deri'/ed, such sign shall be maintained in conformance to any structural standards applicable to such sign, as may have been contained in any sign ordinance pursuant to which a permit to construct said sign '-'las issued, or pursuant to which said sign was licensed, whichever occurred last. Such sign shall also conform to all applicable structural standards of this chapter.

Sec. 32 112. Structural support for projecting signs. (a) Projecting signs already erected shall be maintained so that they are securely attached to a building or structure by metal bolts, anchors, supports, chains, wire ropes, or steel rods. The dead load of projecting signs, not parallel to the building or structure, and the load due to wind pressure shall be supported by structural shapes, chains, '.'lire ropes, or steel guy rods. 'lVhen chains, wire ropes, or steel guy rods are used, such supports shall be erected and maintained at an angle of 45 degrees or more, with the face of the sign in an approximately horizontal plane to resist wind pressure. The lateral supports shall be spaced not more than eight feet apart and shall be secured to a bolt or expansion scre'N capable of holding against the load imposed by the sign supporting under all conditions of weather, '.'lind, and accumulation of ice or snow upon the supporting chain, wire rope, or steel rod. The expansive device and details of the anchorage shall be subject to the approval of the city engineer. Turn buckles or other approved means of acijustment shall be placed in all chains, wire ropes, or steel rods supporting or bracing projecting signs.

(b) Chains, wire ropes, or steel rods used to support the dead or wind load of projecting signs may be fastened to solid masonry '.... alls '.'lith expansion bolts or other del/ices approved by the city engineer, but no such support shall be attached to an unbraced parapet wall. \II/here the supports must be fastened to walls made of wood, the supporting devices must be fastened securely in a manner approved by the city engineer.

(c) All chains, wire ropes, and their attachments shall be gal'.'anized or of corrosive resistant material. Other metal supports and braces shall be painted.

Sec. 32 113. Structural support for freestanding signs.

(a) Every freestanding sign required to be licensed under this chapter shall be supported by a pole, or poles, and in framework deSigned and constructed to resist dead load and the wind load specified in section 32 110 acting in any direction of the sign.

(b) Freestanding signs which otherwise comply INith the provisions of this chapter, including those provisions relating to height, may have vertical cantilever supports driven into or set in the soil, or rigidly attached to bases embedded into the soil. There shall be two or more such vertical supports fer such signs, except that a sign I.'lhich does not exceed 50 square feet in area per face and I.'lhich does not exceed 14 feet in height may be supported by a single member.

(c) The members (or braces fer rigidly attached members) supporting unbraced signs shall be so proportioned that the bearing loads imposed upon the soil in either a horizontal or vertical direction shall not exceed safe values. Braced signs shall be anchored to resist the specified wind load acting in any direction. Anchors and supports shall be designed fer safe bearing loads on the soil and fer an effectil,'e resistance to pull out amounting to a ferce 25 percent greater than the required resistance to overturning. (d) The soil used fer backfill for dug in type of cantilever support shall be carefully placed and thoroughly compacted. The anchors and supports shall penetrate to a depth belm',' the frost line. Soc. 32 114. Structural support for wall signs.

Wall signs attachod to exterior 'Nalls of solid masonry or concreto shall be safely and securely attached to the same by means of metal anchors, bolts, or expansion screlNS of not less than three eighths inch diameter \..,hich shall be embedded at least five inches. No wooden blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings with 'Nalls of wood. No wall sign shall be entirely supported by an unbraced parapet wall, except where such sign is recommended by the city engineer and thereafter approved by the city council.

Soc. 32 115. Glass in signs. Glass sheets shall not be used in any sign, unless the construction and material is approved by the city engineer as meeting commonly recognized safety standards established fer the industry. Attachment H

To: Theodore J. Staton, City Manager

From: Todd J. Sneathen, Director of Public Works

Date: March 11,2009

Subject: MDOT Cost Sharing Agreement 1-496/US-127 Bridge over Mt. Hope Road

Attached for City Council's consideration is a proposed cost sharing agreement between the Michigan Department of Transportation and the City of East Lansing for railing replacement and approach work on the 1-496/US-127 bridge over Mt. Hope Road. The project will begin this Spring and be completed during the 2009 construction season.

The total cost ofthe project located within the City of East Lansing is estimated at $286,800. Of this amount, $258,100 will be funded by Federal Highway Administration, $25,400 by the Michigan Department of Transportation, and $3,300 by the City.

It is recommended that City Council adopt the attached resolution authorizing the execution of the proposed cost sharing agreement by the City Manager. The funds are available in the major street fund in the current fiscal year's budget to cover this expense.

CITY OF EAST LANSING EAST LANSING CITY COUNCIL

RESOLUTION

RESOLUTION TO AUTHORIZE RAILING REPLACEMENT AND APPROACH WORK ON THE STRUCTURE LOCATED ON HIGHWAY I-496/uS-127 OVER MOUNT HOPE ROAD, LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF EAST LANSING, MICHIGAN

Introduced by Council member ______

Seconded by Council member

WHEREAS, the City Council of the City of East Lansing has received a contract proposal from the Michigan Department of Transportation for railing replacement and approach work on the structure located on highway I-496/uS-127 over Mount Hope Road, located within the corporate limits of the city of East Lansing, Michigan; and

WHEREAS, said proposal is identified as Michigan Department of Transportation contract number 08-5470; and

WHEREAS, this project is recommended for the improvement of vehicular travel and safety; and

WHEREAS, the estimated cost of this project is $286,800, of which $258,100 will be funded by Federal Highway Administration, $25,400 by the Michigan Department of Transportation, and $3,300 by the City's Major Street Fund.

NOW, THEREFORE, BE IT RESOLVED, that the East Lansing City Council does hereby authorize the City Manager to execute Contract No. 08-5470 with the Michigan Department of Transportation.

Victor W. Loomis, Jr., Mayor Adopted March 17,2009

ADOPTED: Yeas ( ) NAYS () ABSENT ( )

CLERK'S CERTIFICATION: I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the East Lansing City Council at its regular meeting held on Tuesday, ,2009 the original of which is part of the Council's Minutes.

Nicole Evans, City Clerk City of East Lansing Ingham & Clinton County, Michigan Drafted by and approved as to form: Dennis E. McGinty (P17407) 601 Abbott Road East Lansing, Michigan 48823 (517) 351-0280 CITY COUNCIL Quality Services for a Quality Community

MEMORANDUM

TO: George Lahanas, Deputy City Manager

FROM: Laurie Hoffman

DATE: March 17,2009

SUBJECT: March 17,2009 Regular Meeting of the City Council City of East Lansing CITY COUNCIL 410 Abbot Road East Lansing, MI 48823

(517) 319-6920 CONSENT AGENDA www.citvofeastlansing.com Item #19 - New item

• Approval of the appointment of Joyce Banish to the Downtown Management Board for a partial term expiring on December 31, 2009

Page 1 of 1

Laurie Hoffman - Fwd: Proper submission of application

From: Heather Pope To: Hoffman, Laurie Date: 3/12/2009 10:59 AM Subject: Fwd: Proper submission of application Attachments: Proper submission of application

Heather:

I indicated incorrectly that I wished to apply to the Downtown Development Authority and wish to apply for the Downtown Management Board. Please indicate such on the application sent to you. I believe that I would be better placed on this board.

Thank you for your help,

Joyce

Joyce M. Banish Vice President for University and Community Public Relations Michigan State University Federal Credit Union 3777 West Rd. P.O. Box 1208 East Lansing, MI 48826-1208

This electronic transmission and any information that it contains is the property ofMSU Federal Credit Union and is intended for the use of the intended recipient. If you are not the intended recipient, any disclosure, copying or other use of this information is strictly prohibited. If you acquired this transmission in error or feel that any of the information contained within it is offensive or inappropriate, please contact inr~rni1.Ji1.:L.!Qi.t@nJ~mfQlJ&I"j~.

file:/IC:\Documents and Settings\Authorized User\Local Settings\Temp\XPgrpwise\49B8E... 3112/2009