REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN

CITY COUNCIL CHAMBERS, 10TH FLOOR
LANSING CITY HALL
124 W. MICHIGAN AVENUE

AGENDA FOR APRIL 5, 2010

TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:

The following items were listed on the agenda in the City Clerk's Office by 12:00 p.m. on
Wednesday, March 31, 2010, in accordance with Section 3-103(2) of the City Charter and
will be ready for your consideration at the regular meeting of the City Council on Monday,
April 5, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.
I. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of March 29, 2010

IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule # 11 is needed to
allow consideration of late items. Late items will be considered as part of the regular
portion of the meeting to which they relate.)
V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as part
of the regular portion of the meeting to which they relate.)
VI. SPECIAL CEREMONIES

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

event – 1 minute limit)
IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the

following items on the agenda: public hearings, resolutions, ordinances for
introduction, and ordinances for passage. The public may comment for up to three
minutes. Speakers must sign up on white form.)
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

1
 B. CONSENT AGENDA

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. ORDINANCES FOR PASSAGE

XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT

RELATED MATTERS

XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONS

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

a. Letters from the City Clerk:

i. Request the South Washington Office Complex be assigned as
the new Polling Place for Ward 4, Precinct 6 and that
Transitions North be assigned as the new Polling Place for
Ward 4, Precinct 13
ii. Submitting minutes of Boards and Authorities placed on file in
the City Clerk’s Office
b. Letter from the Mayor re:
i. Correction to Resolution #2010-014, Approval of an Application
for Obsolete Property Rehabilitation Exemption Certificate for
property located at 1118 S. Washington Ave.
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letters from the State of Michigan Liquor Control Commission:

i. Providing notice to A 1 Party Store, Inc. of the cancellation of
its application for a new Specially Designated Merchant (SDM)
license to be located at 3530 S. Waverly Rd. due to a lack of
progress
ii. Providing 15-Day Notice of an application from Mr. Mayo, LLC
requesting to Transfer Ownership of a 2009 Specially
Designated Distributor (SDD) and Specially Designated
Merchant (SDM) Licensed Business located at 4013 Aurelius
Rd. from GKRA, Inc.

2
 iii. Providing a copy of its order rescinding its denial order of
December 9, 2009, and approving a request to Transfer
Ownership of escrowed 2009 Specially Designated Distributor
(SDD) and Specially Designated Merchant (SDM) licenses with
Sunday Sales Permit from Ho Tran, Inc.; Transfer Location
from 3135 S. Pennsylvania Ave. to be held in conjunction with
existing 2009 SDM license at that location; and to cancel the
SDM license being transferred from Ho Tran, Inc. to the subject
location at 1901 S. Martin Luther King Jr. Blvd.
b. Letter from Comcast Cable providing notice of its 9th Annual Comcast
Cares Day to be held April 24, 2010
c. Letter from Joan Nelson, Director of Allen Neighborhood Center, in
support of the redevelopment of the Marshall St. Armory
XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

XIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government

related matters are issues or topics relevant to the operation or governance of the
city. The public may comment for up to three minutes. Speakers must sign up on
yellow form.)
XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

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

3
 NOTE:
Following
Public Comment on City
Government Related Matters
(prior to adjournment),

the City Council will resolve

itself into the

Committee of the Whole.

 X eti1
Lansing City Clerk
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan, 48933-1694
517-483-4131
FAX: 517-377-0068
www.lansincami.gov
clerk@lansingmi.gov

Chris Swope, City Clerk

To: President Robinson and Members of the City Council

From: Chris Swope, Lansing City Clerk

Subject: Polling Place for W4-P6 & W4-P13 - SWOC & Transitions North

Date: March 31, 2010

I have received requests from two of our current Polling Places that we find alternative
locations. The Lansing School District has requested that we no longer use Moores
Park School, as the school is closed and it would be a burden to the district to make it
available. Peckham has increased the volume of their own activities at their Riverside
location and does not feel they can continue to accommodate us on Election Day.

I had previously sought input from the voters in Ward 4, Precinct 6 on possible
locations. Their second choice to Moores Park School was the South Washington Office
Complex (then the National Guard Armory) at 2500 S. Washington. I believe that this is
now the best option.

For Ward 4, Precinct 13 (now voting at Peckham), I have had a difficult time finding
suitable replacements. Peckham had offered their new facility, but the location would
not be convenient for these voters. The only facility I see as a viable option is the
Transitions North facility operated by Clinton-Eaton-Ingham Community Mental Health
Authority at 3200 Remy Dr.

I respectfully request the South Washington Office Complex be assigned as the new
Polling Place for Ward 4, Precinct 6 and that Transitions North be assigned as the new
Polling Place for Ward 4, Precinct 13. I would appreciate your action on this item.

Chris Swope
City Clerk
 RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Moores Park School currently serves as the Polling Place for Ward 4,
Precinct 6; and

WHEREAS, the Lansing School District has requested that Moores Park School no
longer be used as a Polling Place; and

WHEREAS, Peckham currently serves as the Polling Place for Ward 4, Precinct 13; and

WHEREAS, the Lansing School District has requested that Moores Park School no
longer be used as a Polling Place; and

WHEREAS, City Clerk Chris Swope has identified the South Washington Office
Complex (former National Guard Armory) as a replacement location for Ward 4,
Precinct 6 which meets the requirements of the Michigan Election Law as a Polling
Place;

WHEREAS, City Clerk Chris Swope has identified the Transitions North facility of
Clinton-Eaton-Ingham Community Mental Health Authority as a replacement location for
Ward 4, Precinct 13 which meets the requirements of the Michigan Election Law as a
Polling Place;

NOW, THEREFORE, BE IT RESOLVED that, the South Washington Office Complex,

2500 S. Washington Ave., Lansing, MI 48910 is assigned as the polling location for
Ward 4, Precinct 6 beginning with the August 3, 2010 Primary Election;

BE IT FURTHER RESOLVED that, Transitions North, 3200 Remy Dr., Lansing, MI

48906 is assigned as the polling location for Ward 4, Precinct 13 beginning with the
August 3, 2010 Primary Election.
 [NIG OFFICE OF THE CHIEF OPERATIONS OFFICER
SCHOOL 1717 Sam's Way, Lansing, MI 48912
(517) 755-3804 • Fax: (517) 755-3809
DEC E-mail: brian.ralphPlansingschools.net
YOUR CHILD MATTERS

March 17, 2010

Chris Swope, City Clerk

City of Lansing
124 W. Michigan Ave., 9th Floor
Lansing, MI 48933
E-mail: clerk@lansingmi.gov

Dear Mr. Swope:

Please be informed that the Lansing School District closed Moores Park Elementary (located at
316 Moores River Drive) at the end of the 2008-2009 school year. The building is, therefore,
inoperable and all resources have been removed from this location.

Consequently, the facility should no longer be used as a designated polling location. Please
communicate this information to the appropriate authorities. If you have any further questions,
please do not hesitate to contact my office.

Sincerely,

Brian Ralph
Chief Operations Officer

cc: Dr. T.C. Wallace, Superintendent

Venkat Saripalli, Chief Financial Officer
Virginia Greene, Facility Rentals

The Lansing School District is committed to a policy ofproviding equal employment opportunities to all quaked people regardless of
economic or social status and will not discriminate on the basis of race, color, ethnic origin, national origin, creed, religion, political
belief sex, sexual orientation, marital status, age, veteran status, or physical or mental disability.
 Chris Swope
Lansing City Clerk

March 31, 2010

President Robinson and Members of the Lansing City Council

10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Councilmembers:

The Minutes from the Meetings of the following Boards and Authorities of the City of
Lansing were placed on file in the City Clerk's Office and are attached for your information
and review.

BOARD NAME DATE OF MEETING

Demolition Board December 3, 2009

If I, or my staff, can provide further assistance or information relative to the filing of these
minutes, please contact us at 483-4131.

Sincerely,

Chris Swope, Lansing City Clerk

Lansing City Clerk's Office

Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
www.lansingmi.gov/clerk ❑ clerk@lansingmi.gov
 DEPARTMENT OF PLANNING,
* EIGHBORHOOD DEVELOPMENT
316 N. Capitol Avenue, Suite C-2 • Lansing MI 48933-1238; (517) 483=4361• FAX (`517) 377-0169,
Bob Johnson, Director

CODE COMPLIANCE OFFICE

Virg Bernero, Mayor

OFFICIAL PROCEEDINGS OF THE CITY OF LANSING

DEMOLITION BOARD
Held at 316 N. Capitol Ave. at 6:00 pm, ' z1
December 3, 2009 il':?

The December 2009 meeting of the City of Lansing Demolition Board was called to order at 60-2 p.m. by L.
Walker. The following members were in attendance: David Muylle

MEMBERS ABSENT: None

STAFF PRESENT: C. Segerlind; L. Walker

PUBLIC PRESENT: None

L. Walker asked for approval of the 10/22/09 meeting minutes. Demolitions Hearing Officer Dave Muylle
moved to approve minutes as written.

OLD BUSINESS:
• CaseNo.: 2009-014 Address:3237Brisbane Dr. (swimming pool only)
L. Walker updated the board on this case. The listed taxpayers of record and interested parties are Albert &
Barbara Kelley. The SEV of the property is $92,200. Land value is $12,300. Building value is $79,900
(swimming pool value is $10,400). The property is zoned "A" Residential. Due to a lack of maintenance to the
swimming pool and the surrounding area, it has created an unsanitary/unsafe condition. Thus, the swimming pool
only has been placed into the Make Safe or Demolish process. Based on the last Demolition Board meeting on
10/22/09, the owners stated that they would pull the required permit and remove the swimming pool themselves.
The stated that they did not want to pay the $2,000 administrative fee that would be charged if the case was sent to
City Council. Based on that information, the case was tabled for 30 days to allow the owner time to remove the
swimming pool themselves. As of today, a building permit was pulled on 10/23/09 to remove the pool. However,
no work has been done on the swimming pool, nor any rough inspection done on the permit. Based on this
information, staff recommends MS or D in 30 days.

Demolitions Hearing Officer Dave Muylle ordered the swimming pool to be made safe or demolished by
January 4, 2010.

NEW BUSINESS: - none

OTHER BUSINESS:
A. Approval of 2010 Demolition Board Schedule - L. Walker presented the schedule to the Demolition
Board for their approval. Demolitions Hearing Officer David Muylle approved the 2010 schedule.
B. Demolition Board Members - Demolitions Hearing Officer David Muylle inquired as to the status of
filling the two (2) vacant board positions. C. Segerlind, Building Official, stated that she would look into a

N:\Demolitions\Minutes\2009\120309min.doc
 .i 'p,ossiblecandidat . Mr. Muylle stated -that,he ...would . ,continu.e, to.. spread the word
,r..
. '
,meetings. ,9 .. ., ..

ii. hi. .. . _A .. 'it i h. ',hi h.. ii.

PUBLIO'COMMENT: None ' .. , .. . , . ....

ADJOURNMENT:, A,.t6l.5,T).IP,Pi.)Wa4q. 40-.j.914m P4 t4P)TP99tt.g3 .

....
. Respectfully submitted,

0, \.)
Laura Walker braft'date: DeClemblet 13 , 2009
Acting Secretary Ma'rai 2'54010
Sent to Clerk's Office: March 26, 2010

cc: Mayor's Office

City Clerk's Office
City Council Office
File

;O r)

"". .i

J2. .:.:. .

:. i
': '

N:\Demolitions\Minutes\2009\120309min.doc
 1( 1

OFFICE OF THE MAYOR

9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

TO: City Council Council President A'Lynne Robinson and Council Members

FROM: Mayor Virg Bernero

DATE: March 31, 2010

RE: Resolution-Correction to OPRA Certificate Approval-1118 S. Washington

Ave. (Former Michigan Electric Building)

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

VB/rh
Attachment

"Equal Opportunity Employer"

 City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Ken Szymusiak, LEDC

Subject: CITY COUNCIL AGENDA ITEM - 1118 S. Washington Ave. - former Michigan
Electric Building

Date: 3-30-2010

Attached is a resolution to correct resolution # 2010-014 which was passed on Feb 8th but was missing some
information regarding dates as well as a project description within the document. The new resolution makes
these corrections and rescinds resolution # 2010-014. I would like council to take action on this new resolution
as quickly as possible.

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

If you have any questions, or need additional information, please give me a call at -5412.

Attachments

"Equal Opportunity Employer"

r
 BY THE COMMITTEE ON DEVELOPMENT AND PLANNING
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Obsolete Property Rehabilitation Tax Exemption Certificate Approval

1118 South Washington Ave.

WHEREAS, pursuant to the Michigan Obsolete Property Rehabilitation Act, being Public
Act 146 of 2000 (PA 146 of 2000), Tom Arnold has filed an application for an Obsolete
Property Rehabilitation Exemption Certificate (OPT Certificate) with the Lansing City Clerk,
for a proposed obsolete facility at 1118 South Washington Ave., Lansing, Michigan
(Obsolete Property); and

WHEREAS, Tom Arnold (the Developer) owns the proposed Obsolete Property; and

WHEREAS, the proposed Obsolete Property is located within an Obsolete Property

Rehabilitation District legally established by resolution adopted February 8, 2010, after a
public hearing was held, as provided by section 3 of PA 146 of 2000; and

WHEREAS, a public hearing was held on January 1, 2010 on the Developer's application
for an OPT Certificate, after proper notice was made, pursuant to section 4(2) of PA 146 of
2000; and

WHEREAS, the Developer has represented and committed to the City to undertake, and
complete not later than December 31, 2011, the rehabilitation, renovation, and
reconstruction of the Obsolete Property into a mixed-use facility with commercial space on
the first floor and 23 residential units throughout the structure; and

WHEREAS, the Lansing City Council hereby rescinds resolution 2010-014 regarding 1118
South Washington Ave. Obsolete Property Rehabilitation Tax Exemption Certificate
Approval as passed on February 8, 2010;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council hereby approves of
the issuance of an Obsolete Property Rehabilitation Exemption Certificate to Tom Arnold,
for the Obsolete Property located at 1118 South Washington Ave., Lansing, Michigan,
legally described as:

E 198 Ft Lot 6, Also N 27 FT of E 110 FT 10 In Lot 7 Block 195 Orig Plat

for the period of 12 consecutive years.

BE IT FURTHER RESOLVED that the Lansing City Council, in approving the Developer's
application by this resolution, finds and determines all of the following;

1. The taxable value of the property proposed to be exempt plus the aggregate taxable
value of the property already exempt under PA 146 of 2000 and under Public Act
198 of 1974 (IFT's) does exceed five percent (5%) of the total taxable value of the
City of Lansing.

2. The applicant is not delinquent in any taxes related to the facility.

3. All of the , items described on line 9 of the Application for Obsolete Property
Rehabilitation Exemption Certificate have been provided to the City of Lansing by
the applicant.

4. The application is for obsolete property as defined in section 2(h) of PA 146 of

2000.

5. The commencement of rehabilitation activities of the facility did not occur prior to the
establishment of the Obsolete Properties Rehabilitation District.

6. The application relates to the rehabilitation program for the building located at 1118
South Washington., Lansing, Michigan and, when completed, will constitute a
rehabilitated facility within the meaning of PA 146 of 2000 and the facility is situated
within the Obsolete Property Rehabilitation District established by the City of
Lansing, which is a Qualified Local Governmental Unit eligible under PA 146 of
2000 to establish such a district.

7. The completion of the rehabilitated facility is calculated to, and will at the time of
issuance of the certificate, have the reasonable likelihood to, increase commercial
activity, create some employment, and revitalize an urban area.

8. The rehabilitation includes improvements aggregating ten percent (10%) or more of

the true cash value of the property at the commencement of the rehabilitation as
provided by section 2(L) of PA 146 of 2000.

9. The rehabilitation must be completed not later than December 31, 2011 as evidence
by the issuance of a Certificate of Occupancy from the City of Lansing Building
Safety Office.

BE IT FINALLY RESOLVED that the City Clerk shall cause the Application for Obsolete
Property Rehabilitation Certificate to be completed, including the "Clerk Certification" and
shall file the completed application, together with a certified copy of this resolution with the
State Tax Commission.

Approved for placement on the City Council Agenda

City Attorney

Date
 etc

JENNIFER M. GRANHOLM NIDA R. SAMONA

GOVERNOR STATE OF MICHIGAN CHAIRPERSON
LIQUOR CONTROL COMMISSION
DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH
STANLEY "SKIP" PRUSS, DIRECTOR

NOTICE: CANCELLATION OF APPLICATION

March 26, 2010

REQUEST ID: #378606

A 1 Party Store, Inc.
c/o Michael Arafat
4480 Cranbrook Trail
West Bloomfield, MI 48323

Dear Applicant:

We are canceling your application for new SDM license to be located at 3530 S. Waverly Road,
Lansing, MI 48911, Ingham County, due to lack of progress.

Pursuant to R 436.1103, Rule 3 (2) of the Michigan Liquor Control Acts, Rules and Regulations, which
states: "An Applicant for a license shall provide to the commission, on representative of the
Commission, all information necessary for investigation and processing of the application."

Our records are being marked accordingly and all concerned parties notified. If you have any
questions, please contact the Licensing Division at (517) 322-1400.

ch

cc: Lansing District Office

Timmothy J. Yousif, Atty.
Lansing Police Department
Lansing City Council

LC-1159 REV. 5-84

4880-0420

Michigan Liquor Control Commission

7150 Harris Drive • P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/dleg • (517) 322-1345 Lansing Office .
 Michigan Department of Energy, Labor & Economic Growth
-MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505

LOCAL GOVERNMENT 15-DAY NOTICE '.WJ!'iiGi .11.t' L.9

[Authorized by R 436.1105 (2d) and (3)]
CT''

March 19, 2010

LANSING CITY COUNCIL

ATTN: CLERK
124 W MICHIGAN AVE
LANSING, MI 48933-1694

Request ID #: 534164

The Michigan Liquor Control Commission has received an application from MR. MAYO, LLC REQUESTS
TRANSFER OWNERSHIP OF 2009 SDD & SDM LICENSED BUSINESS, LOCATED AT 4013
AURELIUS, LANSING, MI 48910, INGHAM COUNTY, FROM GKRA, INC.

CONTACT: .
MAYNARD ARAFAT, 5040 WHITE TAIL CT, COMMERCE TWP, MI 48382, PHONE: (248)229-1020

Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the
premises only. Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other than
beer and wine under 21 per cent alcohol by volume, for consumption off the premises only.

For your information, part of the investigation of the application is conducted by the local law enforcement
agency and investigative foams will be released to them either in person or by mail.

Although local governing body approval is not required by the Michigan Liquor Control Code, Rules and
Related Laws for off-premise licenses, the local governing body, or its designee, may notify the Commission at
the above address within 15 days of receipt of this letter if the applicant location will not be in compliance with
all appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or if
the applicant is considered ineli gible due to other factors.

All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A
copy of the law and/or ordinance may be submitted with the notification.

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

smg

LC-3104(Rev. 09/05) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: R436.1105(2d) and (3) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
JENNIFER M. GRANHOLM NIDA R.SAMONA
GOVERNOR CHAIRPERSON
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH
STANLEY "SKIP" PRUSS, DIRECTOR

March 23, 2010

Lansing Grocery Inc.

Short Stop Party Store
1901 S. Martin Luther King Jr.
Lansing, MI 48910

REQUEST ID: 526697

Dear Applicant:

This is with reference to your request for Transfer ownership of escrowed 2009 Specially Designated Distributor (SDD) and
Specially Designated Merchant licenses with Sunday Sales Permit from Ho Tran, Inc.; Transfer location from 3135 S.
Pennsylvania, Lansing, Ingham County, to be held in conjunction with existing 2009 Specially Designated Merchant license
at that location; and to cancel the Specially Designated Merchant license being transferred from Ho Tran, Inc. to the subject
location, located at 1901 S. Martin Luther King Jr., Lansing, in Ingham County.

Upon written request, a formal hearing was held on Tuesday, January 26, 2010, at the Commission Offices in Lansing.

Enclosed is a copy of the order that was issued on March 16, 2010, rescinding the denial order of December 9, 2009, and
approving the above request.

Upon receipt of all items requested on the attached check sheet; ftirthei action will be taken on your request.

Very truly yours,

MICHIGAN LIQUOR CONTROL COMMISSION

Sharon Martin, Director

Licensing Division

as
cc G. Sal Gani, Attorney, w/ encl.
Ho Tran, Inc. w/encl.
MLCC-Lansing District Office w/encl.
Lansing Police Department w/encl.
Lansing City Council w/encl.
Roger Isaac, Attorney for Khushi, Inc. w/encl.
Anita Beavers, Colonial Village Neighborhood Assoc. w/encl

DELEG is an equal opportunity employer/program.

Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.

Michigan Liquor Control Commission

7150 Harris Drive • P.O. Box 30005 • Lansing, Michigan 48909-7505
www.michigan.gov/Icc • (517) 322-1345 Lansing Office
 STATE OF MICHIGAN

DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH

LIQUOR CONTROL COMMISSION

Lansing Grocery Inc.

1901 S. Martin Luther King Jr.
Lansing, Michigan 48910 Ingham County
Request'ID# 526697

Hearing Held in Lansing

Tuesday, January 26, 2010

Before: Chairperson Samona

Commissioner Gagliardi
Commissioner Weatherspoon

. FINDINGS AND ORDER

The Michigan Liquor Control Commission, (hereinafter "Commission"), has before it a

request from Lansing Grocery Inc., (hereinafter "applicant"), to transfer ownership of
escrowed 2,009 Specially Designated Distributor ("SDD") and Specially Designated
Merchant ("SDM") licenses with Sunday Sales Permit from Ho Tran, Inc.; -to transfer
location from 3135 S. Pennsylvania, Lansing, Ingham County, to 1901 S. Martin Luther
King, Jr., Lansing, Ingham County, to be held in conjunction with existing 2009 Specially
Designated Merchant license at that location; and to cancel the Specially Designated
Merchant license being transferred from Ho Tran, Inc. to the subject location.

Section 503(1) of the Michigan Liquor Control Code of 1998, being MCL 436.1503(1),
provides, in pertinent part, as follows: "A new application for a license to sell alcoholic
beverages at retail, or a request to transfer location of an existing license, shall be denied if
the contemplated location is within 500 feet of a church or a school building. ..."

Commission Rule 436.1133 provides as follows: "An application for a new specially
designated distributor license or for the transfer of location . of an existing specially
designated distributor license shall not be approved by the commission if there is an
existing specially designated distributor license located within 2,640 feet of the proposed
site.... This rule may be waived by the commission for any of the following reasons: (a) If
the existing specially designated distributor has purchased less than $10,000.00 in spirits
from the commission during the last full calendar year. (b) If the. existing, specially
designated distributor has a B-hotel or A-hotel license. (c) If the proposed location and the
existing specially designated distributor's licensed establishment are separated by a major
thoroughfare of not less than 4 lanes of traffic..(d) If the proposed licensed establishment is
located in a neighborhood shopping center which does not have an existing specially
Lansing Grocery Inc. - Request ID# 526697
Page 2

designated distributor's licensed establishment and if the proposed licensed establishment

is located not less than 1,000 feet from any existing specially designated distributor's
licensed establishment. . . (e) If an existing specially designated distributor licensee is
located within 2,640 feet of 1 or more existing specially designated distributor licensees
and-requests a transfer of-location, which location is within 2,640 feet of the same existing
specially designated distributor licensee or licensees, upon a showing of good cause by the
licensee who is requesting the transfer of location."

Commission Rule 436.1001(k) provides as follows: "'Major thoroughfare' means a street

or highway which is primarily for through traffic and which has not less than 4 lanes of
traffic, excluding any lanes that are used primarily for turning purposes and any lanes in
which parking is allowed at any time."

Commission Rule 436.1105 provides, in pertinent part, as follows: ... "(2) The commission
shall consider all of the following factors in determining whether an applicant may be
issued a license or permit....(d) The opinions of the local residents, local legislative body,
or local law enforcement agency with regard to the proposed business. ..."

Commission records reflect that Emile Indrawos and Moussa Chaer are stockholders in the
applicant corporation and have held an SDM license at the applicant location since
December 20, 2005; and that location was cited and found responsible for one (1) violation
for the sale of alcohol to a person under the age of 21 that occurred on March 6, 2008.

The customary investigation conducted by the Commission's Enforcement Division relative

to this request reflects that Apostolic Tower of Power Temple is located at 1020 Mt. Hope,
Lansing, Ingham County, which is 328 feet from the applicant's proposed. transfer of
location.

Thus, in accordance with the provisions of MCL 436.1503; supra; the Commission notified
the aforementioned church of the applicant's request and a Resolution of Objection was
not submitted to the Commission for consideration.

The investigation further reflects that there are two (2) existing SDD licensed retail outlets
located within 2,640 feet of the applicant's proposed transfer of location: Khushi, Inc. holds
an SDD license at 800 W., Mt. Hope, Lansing, Ingham County, and is located 1,237 feet
away from the applicant's proposed transfer of location; and Quality Dairy Company holds
an SDD license at 1412 W. Mt. Hope, Lansing, Ingham County, and is located 1,231 feet
away from the applicant's proposed location. The investigation further reveals that the
applicant's proposed location is separated from Khushi, Inc. and Quality Dairy Company by
Mt. Hope which is identified as being a qualifying major thoroughfare of not less than four
(4) lanes for through traffic; and thus, the applicant qualifies for a waiver of Commission
Rule 436.1133; supra; under subsection "c" of that rule relative to those existing SDD
Lansing Grocery Inc. - Request ID# 526697
Page 3

licensed outlets and the applicant has submitted a written request for a waiver of same.

Letters of notification were released to the aforementioned existing SDD licensed outlets
notifying them of the applicant's request and a letter of objection was received from Roger
Isaac, legal counsel on behalf of Khushi, Inc.

Commission records further reflect that the Lansing Police Department forwarded a
favorable recommendation of the applicant's request indicating that the proposed location
meets all appropriate state and local building, plumbing, zoning, fire, sanitation and health
laws and ordinances.

Commission records further reflect that a letter dated September 17, 2009 was forwarded
to the Commission by the Colonial Village Neighborhood Association in opposition of the
applicant's request and has been made a part of the applicant's request in this matter.

Commission records further indicate receipt of a letter dated September 22, 2009
addressed to the Commission by A Lynne Robinson, Council Vice President, Lansing City
Council, referencing the opposition to the applicant's request by the Colonial Village
Neighborhood Association.

Therefore, at a meeting held on December 9, 2009, the Commission denied the applicant's
request pursuant to the provisions of MCL 436.1503; supra; inasmuch as Apostolic Tower
of Power Temple at 1020 Mt. Hope, Lansing, Ingham County, is located within 500 feet of
the applicant's proposed location; pursuant to Commission Rule 436.1133; supra;
inasmuch as there are two (2) existing SDD outlets located within 2,640 feet of the
applicant's proposed location; and pursuant to Commission Rule 436.1105(2)(d); supra;
based upon the written objection received from the Colonial Village Neighborhood
Association.

A timely request for a hearing in the matter of this denial was received from legal counsel
on behalf of the applicant and such a hearing was held on January 26, 2010 at the Lansing
office of the Commission. Present at the hearing on behalf of the applicant were Attorney
Sal Gani and applicant stockholder, Emile Indrawos. Present at the hearing on behalf of
the objecting proximity SDD licensed retail outlet of Khushi, Inc. were Attorney Roger Isaac
and Rajin Babar. Present at the hearing on behalf of the Colonial Village Neighborhood
Association were Anita Beavers, Michael Morofsky and Evelyn Bush.

At the hearing, Attorney Gani indicated that the denial of the applicant's request pursuant
to MCL 436.1503(1); supra; is moot inasmuch as Apostolic Tower of Power Temple did not
object to the applicant's request. Attorney Gani then advised the Commission that the
applicant has operated at the applicant location for five (5) years with an SDM license at
the subject leased property and recently renewed a lease for same with possible plans in
Lansing Grocery Inc. - Request ID# 526697
Page 4

the future to purchase same; that the applicant location is in the proximity of a unique
intersection consisting of four (4) quadrants with more than four (4) lanes for through traffic
contained within each quadrant and the applicant will service travelers on the southwest
quadrant traveling north on Martin Luther King Jr.; that the applicant is separated from
Khushi, Inc. and Quality Dairy Company by a major thoroughfare of not less than four (4)
lanes of through traffic, that being Mount Hope; and the applicant qualifies for a waiver of
Commission Rule 436.1133; supra; under subsection "c" relative to those outlets. Attorney
Gani further contended that the patrons of the applicant have requested liquor and the
applicant wants to meet customer demand in order to compete in a struggling economy.

At the hearing, Attorney Isaac argued that the applicant has not demonstrated a good
cause argument to support the transfer of location of the subject license to the applicant
location; and that by granting approval of the applicant's request will result in the
oversaturation of SDD licenses in a vicinity that currently has three (3) SDD licenses
serving customers needs.

At the hearing, all protestors on be. halfof the Colonial Village Neighborhood Association
reiterated their concerns relative to. the appearance of the building and property at the
S^

applicant location and the Commission concluded the hearing proceedings in this matter to
allow the applicant a short period of time to address a plan of action relative to the
condition of the building and property at the applicant location and advise the Commission
in writing as to the progress of same.

Subsequent to the hearing held in this matter, legal counsel on behalf of the applicant
provided the Commission with documentation and photographs addressing the items of
concern at the applicant location as previously outlined and discussed at the appeal
hearing held on January 26, 2010 and same have been made a part of the applicant's
request in this matter.

In arriving at its decision in the instant matter, the Commission has considered the
representations and exhibit presented by all parties attendant to the hearing, the licensing
application file in this matter, and the overall circumstances attending this request,
including the written objections filed by Khushi, Inc. and the Colonial Village Neighborhood
Association, and the lack of objection filed on behalf of Apostolic Tower of Power Temple;
in addition to the documentation and photographs of the improvements made to the
building's exterior and surrounding landscapes submitted subsequent to the hearing held in
this matter.

In making a determination as to whether or not the aforementioned request should be

granted relative to the proximity of the applicant's proposed location and the location of
Apostolic Tower of Power Temple, the Commission is also guided by MCL 436.1503(4)
which provides, in part, as follows: "... If an objection is not filed by the church or school,
 Lansing Grocery Inc. - Request ID# 526697
Page 5

the commission may issue the license pursuant to this act...." The Commission finds that
no objection was received from Apostolic Tower of Power Temple relative to the applicant's
request; and therefore, concludes that the requested SDD license should be issued at the
proposed location pursuant to the foregoing provision of MCL 436.1503(4); supra.

The Commission further finds that the determination made through the survey and
investigation conducted by its Enforcement Division indicates that the applicant's proposed
SDD location is within 2,640 feet of two (2) existing SDD licensed outlets and is part of the
record in this matter. The Commission also finds that the applicant's site does qualify fora
waiver of the 2,640-foot proximity restriction of Commission Rule 436.1133; supra; under
the exception found in subsection "c" relative to both aforementioned existing SDD outlets;
and concludes that the applicant's request fits within the standards for granting a waiver of
Commission Rule 436.1133; supra; and that the requested waiver found under
Commission Rule 436.1133(c); supra; should be granted.

In furtherance of its consideration of this licensing request, the Commission notes that the
licensing investigation conducted by the Commission's Enforcement Division indicates that
the applicant's proposed location meets the minimal licensing requirements for licensure.
However, the Commission finds that it is also within this agency's authority to consider local
objections to the issuance of a liquor license authorizing the sale of alcoholic beverages
when it is informed of those objections and to render a decision as to whether or not a
license should be issued based upon local opinion. .

Relative to the instant matter, the Commission has reviewed its file in this matter against
the opinions of the Colonial Village Neighborhood Association in opposition to the
- applicant's request. In so doing, the Commission has also weighed these opinions against
its own assessment of the factual circumstances surrounding this request and takes note
of the documentation and photographs submitted by the applicant subsequent to hearing
proceedings held in this matter that address the concerns of the Colonial Village
Neighborhood Association.

Concerning the applicability of Commission Rule 436.1105(2)(d); supra; the Commission is

cognizant of the position of the Colonial Village Neighborhood Association opposing any
additional liquor licenses in the vicinity of the applicant location. This being, the
Commission is faced with the difficult task of attempting to determine, in advance, whether
issuance of the SDD license to the applicant at its proposed location would cause harm to
the general health, safety and welfare of the citizens of Lansing.

Based upon review of the overall factors inherent with this licensing request, the
Commission finds that other than the Colonial Village Neighborhood Association's general
philosophy against the issuance of additional liquor licenses, the Association has not
brought forth any evidence. to substantiate that this particular applicant is not qualified to
Lansing Grocery Inc. - Request ID# 526697
Page 6

conduct a business at this specific location in this locale nor has evidence been presented
that issuance of a license to this particular applicant will cause detriment or harm to the
health, safety or welfare of the citizens of the City of Lansing or the citizens of the State of
Michigan. While the Commission does give . great deference to the opinions of local
citizens and appreciates their attention to matters relating to the sale of alcoholic beverage
products within their locale, the Commission also finds that the licensing file attendant to
this request indicates that the applicant meets the Commission's minimal qualifications for
the requested SDD License.

The Michigan Liquor Control Commission, as the regulatory agency governing businesses
that sell and dispense alcoholic liquor in the State of Michigan, has a mechanism in place
to sanction, monetarily or otherwise, those businesses that violate the Commission's Code
or Administrative Rules. Thus, while neighboring citizens may not agree with this agency's
decision to issue the subject license to the applicant at its proposed location, it can rest
assured that any violations, should they occur at the proposed site, will be effectively dealt
with through the Commission's long-standing Hearings and Appeal Practice Rules and
procedures.

As such, the Commission views the opinions submitted on behalf of the Colonial Village
Neighborhood Association to be advisory and one upon which the Commission may or may
not decide to deny an applicant's request for licensure, under its own authority; and thus,
the Commission concludes that Commission Rule 436.1105(2)(d); supra; should no longer
impede the applicant's request in this matter.

Therefore, it is the Order of the Commission that its order of December . 9, 2009, be
rescinded, and the provisions of MCL 436.1503(1); supra; be waived pursuant to MCL
436.1503(4); supra; that the permissible waiver of Commission Rule 436.1133; supra; be
granted pursuant to subsection "c"; and that the request of Lansing Grocery Inc. to transfer
ownership of escrowed 2009 Specially Designated Distributor and Specially Designated
Merchant licenses with Sunday Sales Permit from Ho Tran, Inc.; to transfer location from
3135 S. Pennsylvania, Lansing, Ingham County, to 1901 S. Martin Luther King, Jr.,
Lansing, Ingham County, to be held in conjunction with existing 2009 Specially Designated
Merchant license at that location; and to cancel the Specially Designated Merchant license
being transferred from Ho Tran, Inc. to the subject location, be approved, with the proviso
that in the event the license has not been transferred and. placed into active operation by
April 30, 2010, all rights to the license will terminate on April 30, 2010, pending compliance
with the provisions of Commission Rule 436.1107; and approved with the proviso that the
building structure and surrounding landscapes at the subject licensed premises be
maintained on a continual basis.
• Lansing Grocery Inc. - Request ID# 526697
Page 7

And approved, subject to the following:

1. Commission receipt of documentary proof that Lansing Grocery Inc. received

an investment in the amount of $47,000 from stockholder, Moussa Chaer;

2. Commission receipt of a letter from Lansing Grocery Inc. requesting to

cancel the subject SDM license being transferred from Ho Tran, Inc.; and

3. Verification of all stock issuance.

Dated: March 16, 2010

Donald B. Weatherspoon, Commissioner

tic
Comcast® Comcast
1401 East Miller Road
Lansing, MI 48911

March 25, 2010

Mr. Chris Swope, Clerk

City of Lansing
124 W. Michigan
Lansing , MI 48933

Dear Mr. Swope:

For more than 45 years, Comcast has been committed to improving the quality of life in the local
communities where our customers and employees live and work. Knowing that even a single volunteer
can make a measurable difference in the life of an individual or in a community, Comcast recognized the
enormous impact that we could make by mobilizing thousands of Comcast employees across the country.
On Saturday, April 24, 2010*, more than 50,000 local Comcast employees, their families and our non-
profit community partners will kick off our ninth annual Comcast Cares Day, a company-wide day of
service. To date, Comcast Cares volunteers have contributed more than 1.3 million hours of service to
more than.- 2,300:non-profit community partners across the country. Last year more than 60,500
volunteers participated _nationwide.
This -years more than 2,300 volunteers will work at more than 25 sites around the state of Michigan,
making a; difference and meeting local needs. Each year as the number of Comcast volunteers has grown,
the enthusiasm, camaraderie and dedication to giving back has also increased. A tradition that started in
1997 in Philadelphia has expanded over the years into a commitment of giving back company-wide,
demonstrating Comcast's commitment to each and every region it serves.
Please join us at one of our Comcast Cares Day locations as we power dreams in our communities and
celebrate volunteerism. The location of the service project in your area is:

• Greater Lansing Food Bank, 5303 S. Cedar Street, Lansing.

April 24, 2010 from 8 a.m. to noon. Volunteers will assist with gardening and food packing
projects.

Please let me know if you will be able to join us at your earliest convenience at (517) 334-5686 or
john_gardner@cable.comcast.com . We look forward to working with you to make a difference!

Sincerely,

John P:-Gardner
Government; Affairs; Manager
Comcast; Michigan Region-

*Some projects are held the week of Comcast Cares Day..

 C

Support for the Lansing Armory Redevelopment

Joan Nelson <joann@allenneighborhoodcenter.org > Fri, Mar 26, 2010 at 5:23 PM
To: council@ci.lansing.mi.us

March 26, 2010

RE: Letter of Support for the Lansing Armory Redevelopment

Dear Lansing City Council Members,

This is to express the unanimous support of the Board of Directors of Allen , Neighborhood Center for the proposed
redevelopment of the Marshall St. Armory. We welcome the proposal of the Gillespie Group to adapt the building for
reuse as office space, thereby ending the vandalism and blight which has increased. since the building's closing in 2008,
and ensuring the continuation of an important and historic resource in the heart of the Eastside. Redevelopments such
as this inspire others to expand historic preservation efforts, while creating numerous subsequent benefits. Not the least
of these benefits accrues to the surrounding neighborhoods and the school complex adjacent to the Armory property.

It is our understanding that several non-profit entities, such as Michigan Non-profit Association and the Capital Area
United Way, will be co-locating their primary offices within the Armory upon completion of historic preservation work.
What a great way to ensure the sustainability and extend the reach of important human service agencies, such as these.
Additionally, the presence of these heavy-lifting non-profits on the Eastside contributes to a growing "non-profit business
district" on and nearby Michigan Ave.

The project also reflects the Gillespie Group's ongoing and special commitment to improving the Eastside, a key
neighborhood in increasing the appeal of the City to young professionals and families.

In summary, redevelopment of the Armory by the Gillespie Group will almost certainly inspire additional historic
preservation, catalyze investment in the area, and enhance the adjacent neighborhoods.

The Allen Neighborhood Center board endorses this promising initiative, and encourages your support.

Joan Nelson, Director

"Much more than a physical space; community is an experience". Ron David

Joan Nelson, Director

Allen Neighborhood Center
1619 E. Kalamazoo St., Lansing, MI 48912
517-999-3912