HomeMy WebLinkAboutLansing Building Authority 2004 Minutes y�N 5 I NC D,, partment of Law '.
MEMORANDUM
CHIGP�
DEBBIE MINER, CITY CLERK
TO:
TVJ: KATHLEEN M. FRANTZ, Office Administrato
DATE: January 18,2005
: FILING REQUEST:
1. Minutes of a Regular Meeting of the Lansing Building Authority held on December 9,
2004; and
2. Minutes of a Special Meeting of the Lansing Building Authority held on Decemer 21,
2004
Please file the attached original minutes referenced above which were approved on January 13,
2005, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachments
FASHARFD\CityDept\City Clerk\2004\LBA minutes 111804 51ing.wpd
Approved as Amended by the Lansing
Building Authority at its Regular
Meeting held on January 13, 2005
MINUTES OF A SPECIAL MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON DECEMBER 21 2004 9:00 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
Paul Novak, City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
Andrew Kilpatrick, Public Service, Transportation Engineer
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department Conference Room, Th Floor, City Hall,
Lansing, Michigan, and was called to order by David Berridge, at 9:06 a.m.; roll call was taken
and a quorum was present.
1. TOWNSEND RAMP PROJECT
Mr. Berridge reviewed the memorandum [draft for discussion] dated December 17, 2004, from
Jim Ruff, Director of Plamzing and Neighborhood Development, regarding a letter from the Boji
Group dated September 20, 2004. Mr. Ruff indicated that this is in regard to the four (4) items
still unresolved that do not include the Separation of Ownership Issue, which are:
1. Code Blue Requirements
2. Parking Space Striping
3. Gates and Booths
4. Signage
Mr. Ruff advised that this discussion will be in regard to the above four items, and he has not
completed his review of the Separation of Ownership Issue. The memorandum presented today,
dated December 17, 2004, is a"Draft for Discussion" only. Discussion ensued with regard to
the four items.
1
Approved as Amended by the Lansing
Building Authority at its Regular
Meeting held on January 13, 2005
Code Blue Requirements:
Mr. Ruff advised that this item has been almost completely resolved and indicated that there is a
notation at the end of his memorandum on page 3, under"Other"which provides additional
information.
Parking Space Striping:
Mr. Ruff has included additional information from the specifications which made it more clear as
far as responsibility as to whom "other" and"owner" are referenced. "Owner" is used
specifically when the subcontractor is to provide things to the "owner"; therefore, the pavement
markings are a requirement by the contract and not an additional pay amount. The cost of this
item came in at approximately $12,500 (see Mr. Ruff s memorandum, page 2, item 2g. Mr.
Kirkpatrick indicated that the cost of this was driven down from approximately $50,000 to
$15,000, and then came in at the current cost of approximately $12,500. Mr. Kirk feels the City
has no obligation to pay the $12,500.00 for the paint striping as the City got this cost down to this
level. Mr. Novak concurred with Mr. Kirk.
Gates and Booths:
Discussion ensued.
Sinae
Mr. Ruff reviewed his comments contained in the December 17, 2004 memorandum with the
members and, specifically, under item 4e. Mr. Ruff indicated that under item 41 of the 50 item
list it dictates the City's position on this issue. Mr. Ruff indicated that the City estimated this at
$25,000, and there was no sign plan at that time. There is now a sign plan which contains three
electrical signs. Mr. Ruff does not feel there should be additional costs to the City for the
signage. Mr.Novak asked how much additional costs would there have been if we had not
eliminated the requirement for an outside sign. Mr. Boji advised that it would cost $5,000. Mr.
Kirk asked if this was based on a standard. Mr. Boji advised that this $25,000 estimate was
based on a City standard. Mr. Kirk asked if there were any outside signs contained in the plans.
Mr. Berridge indicated there were no plans for signs (electrical) on the outside of the ramp and
there is also no sign plan for the outside of the ramp today. Mr. Novak indicated that under item
41 of the 50 item list,this would be done at no cost to the City. Mr. Boji indicated that he agreed
to $25,000 and should have stated "no more than" $25,000. Mr. Kirk indicated he only had one
question about what the outside signage included. Mr. Kirk would like to see what a reasonable
standard is for this item and Mr. Berridge advised that we do have a standard and they are
electrical signs as the City standard.
2
Approved as Amended by the Lansing
Building Authority at its Regular
Meeting held on January 13, 2005
[Mr. Kirk was excused from the meeting at 10:18 a.m.]
Mr. Novak indicated that we do not have the information necessary regarding the separation of
ownership issue. Mr. Boji advised that this is a very important issue to him and would like to
know the City's position prior to the meeting and why they had to incur over $500,000 from what
was expected.
Mr. Novak advised that the primary movement that the LBA is going towards is that they would
not be willing to take the cost on signage but would like more information on gates and booths,
and in regard to the painting of the parking spaces, the cost has been reduced substantially to
$12,500.00 which should now be of less concern to the Boji's. In regard to Code Blue, we have
dropped it and have recognized the engineering costs regarding this issue. Mr. Berridge
commented that on the Code Blue, that in order for him to pick a number, he would need to see
deliverables and detailed invoices. Mr. Boji advised that he can get the bulletin notices and other
specific information regarding this item. Mr. Ruff advised that this was clearly not part of the
original ramp and this item was upgraded. Mr. Berridge asked about he $32,000 figure for
lighting and whether that is part of the separation of ownership issue. Mr. Peplowski responded
"no". Mr. Novak suggested that as far as today's decision, they will keep these items open
pending further information to be provided by the Boji Group.
2. Other Business: Mr. Berridge advised that he will be out of the office January 19-
26, 2005.
3. Public Comment: None.
4. Adjourn. Paul Novak moved to adjourn the meeting at 10:36 a.m.;
supported by David Berridge; the meeting was adjourned at
10:36 a.m. by 2-0 vote.
Recorded and Submitted by:
Ithleen M. Frant , Recor Secretary
Office Administ�tor, Ci ttorney's Office
3
Approved by the Lansing Building
Authority at its Regular Meeting
held on January 13, 2005
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON DECEMBER 9, 2004, 8:15 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
Paul Novak, City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
Andrew Kilpatrick, Public Service, Transportation Engineer
Ronnie J. Boji, Boji Group
Michael Peplowski, Boji Group
John(Jack) M. Roberts, Jr., Chief Deputy City Attorney
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department, 7"Floor Conference Room, and was
called to order by David Berridge, at 8:18 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 11/18/04 REGULAR LBA MEETING
Glenn Kirk moved to approve the Minutes of the November 18, 2004 Regular LBA
Meeting; supported by Paul Novak; motion carried by 3-0 unanimous roll call vote.
2. TOWNSEND RAMP PROJECT
a. Status Report
Andrew Kilpatrick of the City of Lansing, Public Service Dept., Transportation Division,
provided information regarding the status of the project to date. Discussion ensued. Mr.
Novak asked if construction has been completed on the items in dispute. Mr. Kirkpatrick
indicated there has been some construction on those items including the painting of the
parking stripes. The only scheduling issue is in regard to the conduit for the booths which
will not begin until January or February 2005. Therefore, the opening of the ramp may
not be until mid-February 2005. A change order for that work was not put through until
last week and that is the reason for the delay. Mr. Ruff provided additional information
regarding the timing of the grand opening.
1
Approved by the Lansing Building
Authority at its Regular Meeting
held on January 13, 2005
[Jack Roberts, Ron Boji and Mike Peplowski arrived at 8:24 a.m.]
Mr. Kirkpatrick advised Mr. Boji regarding the conduit being installed in January which
will delay the project. Mr. Boji advised that the signage and other items which have not
been completed may also cause the ramp opening to be delayed until February 2005.
Discussion ensued.
b. Clark Construction - Request for Final Payment for Retainage
Mr. Kirk asked what the City's contractual obligations are to provide a payment to Clark
Construction. His understanding is that the Contractual arrangements for Clark
Construction are with the Boji Group. Mr. Novak asked Mr. Boji about the language in
the letter indicating the check should be made payable to Clark Construction and the Boji
Group. Mr. Boji will write a letter indicating that he does not have a problem with a
check being written which is made payable to the Boji Group and Clark Construction.
Mr. Berridge indicated that it needs a full unconditional waiver before we can issue a
check.
C. Pay Request 914
Mr. Ruff reviewed the pay request with the LBA members and advised that this request is
for a total amount of$589,131.17, and that the total completed is delineated on line 8 at
96.67 percent complete. Glenn Kirk advised that Sheila Wheeler of the Finance
Department has indicated that everything appears to be satisfactory. Mr. Ruff discussed a
few items which are not normally seen in the pay request packet and then directed the
LBA members' attention to page 9 which is the Partial Conditional Waiver which Mr.
Ruff advised is what we normally receive in a pay request packet. Mr. Ruff further
advised that Russ Randall from Carl Walker indicated that the project documents are in
compliance. Also, Mr. Ruff advised that the updated title insurance endorsement is with
him today and he recommends payment of this pay request.
Motion to approve Pay Request#14 was made by Glenn Kirk; supported by Paul
Novak; Pay Request#14 approved by 3-0 roll call vote.
d. Letter from Boji Group Re: Separation of Ownership Issue - Additional Cost
Mr. Kirk indicated that because of time constraints, he is requesting that a special LBA
meeting be set to discuss this issue. The members agreed to set a special LBA meeting
on Tuesday, December 21, 2004, at 9:00 a.m. regarding the Separation of Ownership
2
Approved by the Lansing Building
Authority at its Regular Meeting
held on January 13, 2005
Issue.
e. Letter from Joseph Shebusky, Accident Fund Insurance Co.
The members reviewed a letter dated November 15, 2004 from Mr. Shebusky of the
Accident Fund. Mr. Ruff asked that this letter be received by LBA and referred to the
Law Department for review and response at the LBA regular meeting in January 2005.
So moved by Glenn Kirk; motion supported by Paul Novak; motion for a review by
the Law Department and response to be provided at the Regular LBA meeting on
January 13, 2005 by 3-0 roll call vote.
f. Easement for Convenience Between Townsend Ramp and the Accident Fund Ramp
Jack Roberts reviewed the easement with the LBA members. Mr. Roberts advised that he
has been in contact with the Accident Fund representatives and would ask approval of the
easement with a slight modification to the language to help clarify that the easement area
is the only area that the Accident Fund must maintain. This is specifically addressed in
the easement in Sec. 3.1 and 3.1a. This is a new easement for a concept which was
addressed in earlier discussions regarding this project.
Paul Novak moved to approve this easement with the language which clarifies that
the easement area is the only area that the Accident Fund must maintain, and that
the Chairperson of the LBA is authorized to sign the easement; supported by Glenn
Kirk; motion carried by 3-0 roll call vote.
4. Other Business:
a) Mr. Novak advised that there will be a Special LBA meeting on Tuesday
December 21, 2004, to address the Separation of Ownership issue. Mr. Novak
requested Mr. Ruff to meet with the Boji's to discuss a proposed resolution of
these issues, and then provide the LBA members with a recommendation as to the
proposed resolution regarding these issues. Mr. Boji indicated there was also one
other issue and Mr. Ruff advised that he will put that in memo form to the Law
Department.
3
Approved by the Lansing Building
Authority at its Regular Meeting
held on January 13, 2005
b) Mike Peplowski asked about the unconditional waiver that was requested by LBA
when this project is closed out. Glenn Kirk advised that they would like one
document, whoever, he would like input from other members as to the appropriate
waiver system. Mr. Ruff advised a waiver from Clark Construction would also be
needed.
5. Public Comment: None.
6. Adjourn. Glenn Kirk moved to adjourn the meeting at 8:59 a.m.; supported by
Paul Novak; the meeting was adjourned at 8:59 a.m. by 3-0 vote.
Recorded and Submitted by:
IthleenLM. Fra z, Rec ing Secretary
Office Administrator, ity Attorney's Office
4
--,partment of Lave
MEMORANDUM
tCHtGQ�
TO: DEBBIE MINER, CITY CLERK
FROM: KATHLEEN M. FRANTZ, Office Administrat
DATE: December 9, 2004
RE' FILING REQUEST: Minutes of a Regular Meeting of the
Lansing Building Authority held on November 18,2004
k)od, $'
Please file the attached original minutes of the Deeemberf, 2004, Special LBA Meeting, which
were approved on December 9, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
FASHARED\CityDept\City Clerk\2004\LBA minutes 111804 flingmpd
Approved at a Regular Meeting
of the LBA on 1219104
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON NOVEMBER 18, 2004, 8:15 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
Paul Novak, City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
Andrew Kilpatrick, Public Service, Transportation Engineer
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department, 7`h Floor Conference Room, and was
called to order by David Berridge, at 8:24 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 11/02/04 SPECIAL LBA MEETING
Glenn Kirk moved to approve the Minutes of the November 2,2004 Special LBA Meeting;
supported by Paul Novak; motion carried by 3-0 unanimous roll call vote.
2. TOWNSEND RAMP PROJECT
a. Status Report
Andrew Kilpatrick of the City of Lansing, Public Service Dept., Transportation Division,
provided information regarding the status of the project to date. Discussion ensued. Mr.
Boji advised that this project is on schedule.
b. Pay Request#13
Mr. Ruff reviewed the documentation attached to Pay Request#13 with the LBA
members. This pay request brings the project to 93.37% completed and the total amount
of this pay request is $672,878.49. Discussion ensued. Mr. Ruff indicated that Russ
Randall of Carl Walker, Inc. indicated that later today they will be faxing the memo
which indicates that everything is in good order with this pay request. Mr. Kirk advised
that Sheila Wheeler of the City's Finance Department has reviewed the documentation
1
Approved at a Regular Meeting
of the LBA on 1219104
attached to this pay request and recommends approval.
Motion to approve Pay Request#13 was made by Glenn Kirk; supported by Paul
Novak; Pay Request 913 approved by 3-0 roll call vote.
C. Letter from Boii Group Re: Separation of Ownership Issue - Additional Cost
Mr. Boji advised that they are not ready to make their presentation at this time and that
they expect to be ready in December to present this issue.
3. AMENDMENT TO AMENDED AND RESTATED ARTICLES OF
INCORPORATION OF THE CITY OF LANSING BUILDING AUTHORITY
Motion was made by Paul Novak to table this item; Support by Glenn Kirk; item
tabled by 3-0 roll call vote.
4. Other Business:
a) Mr. Boji distributed copies of a letter dated November 17, 2004, written in
response to the City's letter of November 3, 2004, regarding the four (4) items
discussed at the LBA meeting on November 2, 2004. Mr. Boji advised that the
letter presented today is not in regard to the Separation of Ownership issue. Mr.
Novak asked when the Separation of Ownership issue can be expected to be
presented to the LBA. Mr. Boji advised that after he has had an opportunity to
discuss the tax issue with Mr. Ruff, and therefor sometime in December.
The letter dated November 17, 2004, from Boji Group was reviewed in regard to
the following four items:
1. Code Blue Requirements
2. Parking Space Striping
3. Gates and Booths
4. Signage
Glenn Kirk indicated that he will need to review the Development Agreement and
the 50 item list in order for him to make a decision on this matter. Mr. Berridge
reviewed the background regarding the Development Agreement (signed July 25,
2003) and the 50 item list. The Development Agreement refers to a set of plans
dated June 30, 2003. Mr. Novak asked when the concept happened in regard to
the private group owning the ramp and then it changed to City ownership.
Discussion regarding the history of the project ensued. Mr. Boji reviewed the
2
Approved at a Regular Meeting
of the LBA on 1219104
drawings with the LBA and the notes which were issued by Carl Walker regarding
these issues. Mr. Ruff advised that it was our understanding that the specifics
were to be supplied by the owners regarding the striping of the parking spaces.
Mr. Ruff discussed the zoning requirement relating to the parking spaces.
Mr. Boji advised that they will need a final decision on these issues today,
otherwise they will not be able to open the ramp on January 10, 2005. Mr.
Kilpatrick advised that the language is not consistent as to when it refers to "by
others" and"by owner".
Discussion ensued regarding the gates and booths issue. Mr. Boji indicated that
he does not feel that item#36 in the 50 item list attached to the Development
Agreement, creates an obligation to the Boji Group. Discussion ensued.
In regard to signage, Mr. Boji advised that the City is 100% correct that the
Developer needs to take care of the costs relating to this, however, the Developer
will not provide the electric to illuminate the directional electrical signage. Mr.
Ruff advised that the only signage agreed to be paid by the City was a sign which
provided the title for the ramp, for instance, "City of Lansing Townsend Parking
Ramp".
Mr. Boji raised the issue that the property tax assessment could be higher than had
been anticipated. Mr. Novak advised Mr. Boji that the tax matter is a totally
separate issue and is to be discussed with the City Assessor's office who will be
performing an independent valuation of the property.
Mr. Berridge sought to clarify the statement by Mr. Boji wherein he advised that
unless a decision is made today, he cannot go forward. Mr. Boji indicated he had
contradicted himself that it would not open on January 10, 2005. Mr. Kirk asked
that regardless of who has to pay, things must be done. Mr. Kirk asked about
good faith and if the City says that they will pay for certain items does Mr. Boji
believe that the City will pay? Mr. Boji responded affirmatively. Mr. Kirk feels
there should be no hold up on this project. Mr. Boji said there was also good faith
in the Separation of Ownership issue, and the Boji's have taken this cost on at a
price of more than one million dollars. Mr. Kirk advised that in regard to the
Separation of Ownership issue, the City was ready to discuss this today, however,
Mr. Boji indicated they were not ready. Mr. Kirk redirected the discussion to the
four (4) items listed in Mr. Boji's letter dated November 17, 2004.
Mr. Novak asked about the three outstanding issues, which does not include "code
blue" as that has been resolved. Mr. Berridge advised that the ramp cannot open
3
Approved at a Regular Meeting
of the LBA on 1219104
without the painting of the stripes. Mr. Berridge advised that the schedule will not
allow for the ramp to be paint-striped in the optimum way because of the outside
temperatures; and noted that this would have been the case anyway because the
ramp was scheduled for the parking space paint striping at this time of year. The
parking equipment must also be implemented before the ramp can be opened and
the City has already went out to purchase this equipment and will go forward to
put it in the ramp. However, it has to be connected to electricity. As far as the
signage, there must be signage in order to open the ramp. These three issues must
be resolved no matter who has to pay for them.
Mr. Novak reiterated that these items must be implemented so that the estimated
opening of the ramp is not delayed and that any action by either side to delay the
opening of the ramp would add to damages if an action were to be litigated. Mr.
Novak asked whether this is simply a matter of what type of dispute resolution
will be employed in order to resolve these issues, to the extent that the City must
ultimately bear the cost. Mr. Boji advised "yes". Mr. Novak clarified that the
Boji Group is going forward per the City specifications and if they feel the City
should pay for some of these items they could litigate them down the road in
court. Mr. Novak further stated that the City understood that Boji was reserving
his rights, on the three outstanding issues,to argue that the costs of them should
ultimately be borne by the City. Mr. Boji agreed that it needs to be done no matter
what and the ramp must open the week of January 10, 2005.
Mr. Peplowski asked when the City expects that they can respond to the letter
presented today. Mr. Novak advised that there are three options: 1) The City will
not pay, 2) The City will pay, or 3) somewhere in between. If the City decides not
to pay any additional costs, the Boji Group can expect a letter relatively quickly.
However, Mr. Novak does not know how much time it will take to make a final
decision on these items. Mr. Peplowski advised that the Separation of Ownership
issue has taken months to get an answer, so in regard to this matter regarding the
four (4) issues, he is looking for an answer. Mr. Peplowski is hearing the City say
that Boji will have to go forward and take responsibility for these costs. Mr. Kirk
indicated that the City has provided a response. Mr. Novak answered that on
items 2, 3, and 4, the City feels Boji should pay; however, they are still looking
into items 2, 3 and 4. This could take a little more time to review. Mr. Kirk
advised Mr. Boji that he will not be in next week. Mr. Berridge advised that his
concern is about the LBA and Developer discussing the Separation of Ownership
issue and that it is not the City holding this up, since it was placed on today's
agenda and the Boji Group has advised they are not ready to resolve these issues.
Mr. Boji advised that Mr. Berridge is correct but Mr. Boji advised that they will
bring these matters to the December 2004 LBA meeting. Mr. Kirk requested that
4
Approved at a Regular Meeting
of the LBA on 1219104
they provide a letter in advance of the LBA meeting in order to have time for
review. Mr. Boji advised that they will provide a letter by December 3, 2004.
Mr. Berridge advised that he feels this information should be provided to Mr. Ruff
in advance of December 3, 2004, so he can first review it in order to provide the
LBA members information if they have questions.
b) Mr. Ruff indicated that in the discussion regarding Pay Request#13, he
mentioned that Russ Randall of Carl Walker would be faxing a memo regarding
their approval of this pay request, and he has been advised that it has now been
received.
No further business.
5. Public Comment: None.
6. Adjourn. Glenn Kirk moved to adjourn the meeting at 10:31 a.m.; supported by
Paul Novak; the meeting was adjourned at 10:31 a.m. by unanimous
3-0 vote.
Recorded and Submitted by:
athleen M. F ntz, Rg4rding Secretary
Office Administrator, City Attorney's Office
5
N S Dt partment of Law
MEMORANDUM
I C H I G
DEBBIE MINER, CITY CLERK /
TO:
FROM: KATHLEEN M. FRANTZ, Office Administr
DATE: November 18, 2004
RE: FILING REQUEST: Minutes of a Special Meeting of the
Lansing Building Authority held on November 2,2004
Please file the attached original minutes of the November 2, 2004,Special LBA Meeting,which were
approved on November 18, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
MINUTES OF A SPECIAL MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON NOVEMBER 2,2004, 8:15 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
Paul Novak, City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
Andrew Kilpatrick,Public Service, Transportation Engineer
Ron Boji,Boji Group
Mike Peplowski, Boji Group
Sheila Wheeler,Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the City Attorney's Office Conference Room, 5'Floor, City Hall,
Lansing, Michigan, and was called to order by David Berridge, at 8:30 a.m.; roll call was taken
and a quorum was present.
1. APPROVAL OF MINUTES: 10/14/04 REGULAR LBA MEETING
Paul Novak moved to approve the Minutes of the October 14,2004,Regular LBA Meeting;
supported by Glenn Kirk; motion carried by 3-0 unanimous roll call vote.
2. TOWNSEND RAMP PROJECT
Discussion ensued regarding the letter from The Boji Group to Glenn Kirk dated September 20,
2004. Mr. Ruff indicated that Andy Kirkpatrick and himself reviewed the plans from March and
the plans were submitted for Amendment No. 13. Mr. Berridge summarized the discussion with
respect to the four issues addressed in the letter from The Boji Group. Mr. Boji responded by
asking whether the decision regarding these issues will be made at this meeting. Glenn Kirk
reviewed the issues with Mr. Boji in regard to the issues contained in the Development
Agreement.
[Mr. Kirk was excused at 9:15 a.m.]
1
Mr. Ruff advised that the Development Agreement, Exhibit E,provided the 50 item list of
changes needed to the plans, a summary set of graphics which provided a representation of the
drawings and a project specifications table of contents which had an index listing all of the
development components. Mr. Ruff advised that the parking ramp considerations early on were
how the traffic would come in and off the street since it was going to be owned and managed
privately. However, at the time the ownership of the ramp became the City's,the City wanted to
be sure it was at a service level "c" which can be engineered and tested. This is what pushed the
City to require the type of specialized equipment and changes in design needed for service level
It
c��
Mr. Novak discussed whether a judicial or arbitration process may be necessary to resolve issues
with the Boji Group. Mr. Peplowski indicated that perhaps it could be settled through meetings
and negotiations. Mr. Berridge advised that this meeting was held so that the LBA could make a
decision by November ts`as to how these issues were to be addressed.
[Mr. Ruff excused himself at 9:30 a.m.]
Mr. Berridge indicated that the City's position is that we would like to proceed on the work. Mr.
Boji will not do anything until he hears what the City's position is on these issues. Mr. Boji
further reserves his right before the wiring goes in. Mr. Boji advised that there will be a delay in
opening the ramp if he is not specifically advised on these matters and, further, that these are
small items compared to the separation of ownership issue which will be discussed at the next
meeting. Per Mr. Boji's request,Mr.Novak reviewed item 36 of the Development Agreement,
in regard to the electrical systems. Discussion ensued.
[The meeting went into recess from 9:55-10:05 a.m.]
Motion was made by Paul Novak that a letter will be sent from the LBA by the
Chairperson, David Berridge, to the Boji Group setting forth the position of the LBA in
response to the September 20, 2004 letter from the Boji Group to Glenn Kirk; discussion
ensued; motion supported by David Berridge; motion carried 2-0.
3. AMENDMENT TO AMENDED AND RESTATED ARTICLES OF
INCORPORATION OF THE CITY OF LANSING BUILDING AUTHORITY
Mr. Novak indicated that the only change to the Articles would be to have the Planning and
Neighborhood Development Director replace him as the LBA Secretary. Mr. Berridge asked
about the record keeping issues which are addressed in Section 7. on page 6. Mr. Novak advised
that further modifications will be made to the Articles and brought to the next LBA meeting.
Mr. Berridge also noted the requirements under Article VII regarding amendments to the LBA
Articles of Incorporation. Mr. Berridge asked if the City Attorney's office should be mentioned
in the Articles of Incorporation regarding the designation of legal counsel. Mr. Novak will
address this issue in the next draft of the Articles of Incorporation.
2
4. Other Business: Mr. Novak advised that he thinks the LBA may need to approve
the authorization for the transfer of ownership for the Triangle
Property when the Developers are ready to close.
5. Public Comment: None.
6. Adjourn. Paul Novak moved to adjourn the meeting at 10:30 a.m.;
supported by David Berridge; the meeting was adjourned at
10:30 a.m. by 2-0 vote.
Recorded and Submitted by:
a leen M. Frant ecord' Secretary
ice Administ- or, Cit ttorney's Office
3
yP A S ' L _-paxtment of Lave.
MEMORANDUM
�cHIG��
DEBBIE MINER, CITY CLERK
TO:
FROM:KATHLEEN M. FRANTZ, Office Administr o
DATE: November 5, 2004
RE: FILING REQUEST: Minutes of a Regular Meeting of the
Lansing Building Authority held on October 14,2004
Please file the attached original minutes of the October 14, 2004,Regular LBA Meeting,which were
approved on November 2, 2004, at a Special Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
FASHARED\CityDept\City Clerk\2004\LBA minutes 090904 filing.wpd
Approved at a Special LBA
Meeting on 11102104
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON OCTOBER 14,2004, 8:15 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
Paul Novak, City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
Andrew Kilpatrick, Public Service, Transportation Engineer
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
XX k7C]FX�C
The meeting was held in the Public Service Department, 7th Floor Conference Room, and was
called to order by David Berridge, at 8:27 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 09/09/04 REGULAR LBA MEETING
Glenn Kirk moved to approve the Minutes of the September 9, 2004 Regular LBA Meeting;
supported by Paul Novak; motion carried by 3-0 unanimous roll call vote.
2. TOWNSEND RAMP PROJECT
a. Status Report
Andrew Kilpatrick of the City of Lansing, Public Service Dept., Transportation Division,
provided information regarding the status of the project to date. Mr. Kilpatrick advised
that the precast is finished and they are working on the toppings. The toppings and
islands should be done within the next week or two. Mr. Ruff advised the last of the
precast was put in place a couple of weeks ago. Mr. Peplowski advised that the opening
of Washtenaw Street was challenging in regard to the BWL vault and the drawings from
the Civil Engineer. The sidewalks and curbs had to be moved out approximatley 1 t/2 ft.
Therefore, he estimated that the opening of Washtenaw Street would be by the end of
next week, October 21 st or 22"d, 2004. Mr. Peplowski advised that the plaza work on the
Accident Fund will probably not begin until next Spring 2005. The Accident Fund is
expected to change their plans on this project in regard to the Plaza and there will be no
cost to the City or Boji Group for this work.
1
Approved at a Special LBA
Meeting on 11102104
Glenn Kirk, Treasurer, asked when the next important scheduling deadline date will
occur. Mr. Boji advised that this project is on schedule and during the 2°d week of
January, 2005, is the estimated time when the parking ramp will open. Mr. Kilpatrick
advised that getting the toppings,joints and sealants completed. Mr. Boji recommended
that the City contact Ms. Viventi, Secretary for the Senate, in regard to payment for the
parking they have secured in the ramp. Mr. Boji advised that the office building is on
schedule and the occupancy is where it has been. The State is expected to make an
announcement tomorrow(October 15, 2004) as to whether they will permit the additional
three floors on the office building. Mr. Kirk asked what new businesses will be brought
downtown relative to this project. Mr. Boji advised that approximately 25-40 people will
be employed from the three businesses of Dykema Gossett, Standard Federal, and the new
restaurant.
b. Pay Request 02
Mr. Ruff reviewed the documentation attached to Pay Request#12 with the LBA
members. This pay request brings the project to 89.6% completed and the total amount of
this pay request is $1,767,735.31. Discussion ensued. Mr. Ruff advised that Russ
Randall of Carl Walker, Inc. indicated that everything is in good order with this pay
request, per his memo dated October 6, 2004. Sheila Wheeler of the City's Finance
Department advised that the appropriate documentation is attached and recommends
approval of this pay request.
Motion to approve Pay Request#12 was made by Glenn Kirk based on the
recommendations of Sheila Wheeler of the City's Finance Dept., and Carl Walker,
Inc.; supported by Paul Novak; Pay Request#12 approved by 3-0 roll call vote.
C. Letter from Boji Group to LBA Treasurer to Glenn Kirk
(Dated September 20, 2004)
Mr. Ruff advised that the contractor needs answers relatively quickly as to whether the
City will pay for the items identified in paragraphs 1-4 of this letter. Mr. Boji advised
that the process the City and Contractors went through was done much in faith and by
word which was then placed into the Development Agreement. Mr. Boji indicated that
90% or more of the negotiations were done with Doug Rubley and Jim Smiertka who are
no longer employed with the City of Lansing. However, Mr. Boji advised that he did
write many notes in regard to this matter. There are two major items to address which are
not yet resolved on this project: the letter brought to the LBA today which includes four
cost items; and the Separation of Ownership Issue. Discussion ensued. Mr. Novak and
Mr. Kirk advised Mr. Boji that they will need to review this matter and will respond by
November 1, 2004.
2
Approved at a Special LBA
Meeting on 11102104
d. Tower Ramp Bill for "Extra Barricades for Kalamazoo Street Project"
$1887.42)
[Item 2.d. was deferred to the next LBA meeting]
4. Other Business: None.
5. Public Comment: None.
6. Adjourn. Glenn Kirk moved to adjourn the meeting at 9:45 a.m.; supported by
Paul Novak; the meeting was adjourned at 9:45 a.m. by unanimous 3-
0 vote.
Recorded and Submitted by:
K leen M. Frant - ��ttorney's
Secretary
ffice Administrator, Office
3
S t Dpartment of Law
MEMORANDUM
CHIP
DEBBIE MINER, CITY CLERK
TO:
FROM: KATHLEEN M. FRANTZ, Office Administr
DATE: October 14,2004
RE: FILING REQUEST: Minutes of a Regular Meeting of the
Lansing Building Authority held on September 9,2004
Please file the attached original minutes of the September 9, 2004, Regular LBA Meeting,which
were approved on October 14, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
--t
� I
i'
— N
tSJ
FASHARED\CityDept\City Clerk\2004\LBA minutes 081204 filing.wpd
Approved by the LBA at a
Regular Meeting on 10114104
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON SEPTEMBER 9,2004, 8:15 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
Paul Novak, City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
John (Jack) M. Roberts, Chief Deputy City Attorney
Andrew Kilpatrick, Public Service, Transportation Div.
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department, 7`"Floor Conference Room, and was
called to order by David Berridge, at 8:28 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 08/12/04 REGULAR LBA MEETING
Glenn Kirk moved to approve the Minutes of the August 12,2004 Regular LBA Meeting;
supported by Dave Berridge ; motion carried by 2-0 roll call vote.
2. TOWNSEND RAMP PROJECT
a. Status Report
Andrew Kilpatrick of the City of Lansing, Public Service Dept., Transportation Division,
provided information regarding the status of the project to date. Mr. Kilpatrick indicated
that after his last visit to the site it appears that everything is on schedule. Mike
Peplowski indicated that the only thing that has happened is that there is a lot of post-
topping on the site. That is the only thing from a scheduling standpoint that is relatively
tight, but should not pose any problems to the schedule. Ron Boji indicated that
everything is on schedule on the precast and that will be out by October 1, 2004. The
opening date is still on time and estimated to open during the first week of January 2005.
Andy Kilpatrick provided information as to the field topping and discussion ensued.
1
Approved by the LBA at a
Regular Meeting on 10114104
[Paul Novak arrived at 8:36 a.m.]
Paul Novak was introduced by David Berridge as the Secretary of the LBA in his capacity as the
new City Attorney for the City of Lansing.
Ron Boji advised that the restaurant is scheduled to open in April 2005. Mr. Berridge
asked about the restaurant opening in April and how that will work with the street
closings relative to the CSO work.. Mr. Boji indicated he does not see any problems with
this issue.
b. Pay Request#11
Mr. Ruff reviewed the documentation attached to Pay Request#11 with the LBA
members. This pay request brings the project to 82% completed and the total amount of
this pay request is $1,623,687.22. A representative at Carl Walker & Associates
indicated that there is a Waiver which has an incorrect date by the Notary Public and
therefor a new page to correct this will be forthcoming. The costs involved this month
and next month on the precast is in the amount of approximately One Million Dollars.
Discussion ensued regarding the detailed costs associated with this pay request. It was
mentioned that the installation of the glass frames has begun. The City Engineering costs
are maxing out at the $75,000 limit which is the responsibility of the Boji Group to pay.
Therefore, the future bills will be sent to the Transportation Division for payment.
Included with this pay request is a letter from Clark Construction giving the City
assurance that payments for this project have been consistent with the Development
Agreement. Sheila Wheeler from the Finance Department advised that everything is in
order on this Pay Request 411. Mr. Ruff indicated that the EDC payment of 4.18 Million
Dollars has to be written to a different party. Therefore, this has been put off until the last
check. For this reason, the last check will be written to the Tower Ramp Development,
L.L.C. as opposed to the Boji Group. Mr. Kirk indicated he would like to work with the
Boji Group regarding direct deposit. Mr. Berridge had a question in regard to the
$116,000.00 for testing. Mr. Boji explained that there was excessive testing on the site in
order to make sure everything was right with SME. Mr. Berridge asked if there will need
to be additional testing and Mr. Boji indicated that if more testing is needed, there are
enough monies to cover that cost, however, Mr. Boji does not feel it will be necessary.
No concrete has yet been poured. Mr. Boji advised that he could have placed this item
under other column headings on this pay request, such as "Legal and Accounting Fees"
for example. This is a cost to Boji and Mike Peplowski indicated that costs will not go
up. Mr. Boji asked Mr. Berridge how he would like similar costs listed in future pay
request documentation and Mr. Berridge indicated that it would be appropriate under the
"Construction Contingency" column.
2
Approved by the LBA at a
Regular Meeting on 10114104
Motion to approve Pay Request#11 was made by Glenn Kirk; supported by Paul
Novak; motion approved by 3-0 roll call vote.
3. APPRAISAL OF LOT 15 AND 15A -MICHIGAN AVENUE PROPERTY
Dave Berridge indicated that it has come to his attention that there may be a need for an
appraisal for this property regarding a development plan that is being pursued by the City.
The LBA needs to authorize a budget for this and to approve the retention of an appraiser.
Therefore, Mr. Berridge recommended that$7,500.00 be appropriated in Account No.
513.453660.743800.0 which represents the amount not to exceed on the contract, plus a
split based on that East-West property line. This property is located across from the Olds
Park stadium. Mr. Ruff provided detailed location information regarding this site.
Motion was made by Glenn Kirk that funds be appropriated in the amount of
$7,500.00 in Account No. 513.453660.743800.0; that Jim Ruff, Director of Planning
and Development be authorized to seek quotes for appraisal services on this matter,
and that the Chairperson of the LBA be authorized to execute the contract for
appraisal services for an amount not to exceed $7,500.00, subject to approval as to
form by the City Attorney and certification of funds by the Finance Department;
motion supported by Paul Novak; motion approved by 3-0 roll call vote.
4. Other Business: None.
5. Public Comment: None.
6. Adjourn. The meeting was adjourned at 8:57 a.m.
Recorded and Submitted by:
Kathleen M. Frantz, Recording Secretary
Office Administrator, City Attorney's Office
3
yh'tA S `"G _Department of Lai.
MEMORANDUM
�rrcxlGP�'
DEBBIE MINER, CITY CLERK
TO: j
KATHLEEN M. FRANTZ, Office Administr
7e
i;+F OM:
„,ATE: September 14, 2004
E: FILING REQUEST: Minutes of a Regular Meeting of the
Lansing Building Authority held on August 12,2004
Please file the attached original minutes of the August 12, 2004,Regular LBA Meeting,which were
approved on September 9, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
r�
CO
FASHARED\CityDept\City Clerk\2004\LBA minutes 070804 filingmpd
Approved by the LBA at a r �,
Regular Meeting on 919104
MINUTES OF A REGULAR MEETING OF `' CfN
' r
THE LANSING BUILDING AUTHORITY
HELD ON AUGUST 12,2004, 8:15 a.m.
c
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
John(Jack) M. Roberts, Interim City Attorney, Secretary
Others Present: Jim Ruff, Director of Planning &Neighborhood Development
Shane Silsby, Transportation Engineer
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department, 71h Floor Conference Room, and was
called to order by David Berridge, at 8:25 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 07/08/04 REGULAR LBA MEETING
Glenn Kirk moved to approve the Minutes of the July 8,2004 Regular LBA Meeting;
supported by Jack Roberts; motion carried by 3-0 roll call vote.
2. TOWNSEND RAMP PROJECT
a. Status Report
Shane Silsby provided information regarding the status of the project to date. Mr. Silsby
indicated that the project is approximately 65% complete. Mike Peplowski advised that
everything is going well and PSI, the erection crew, is a couple days ahead of schedule.
In no more than 30 days the cranes will be taken away as the erection of the structure will
be complete and the work on the inside of the building will continue. The tentative
opening date should be approximately during the first week of January 2005. Mr. Ruff
advised that the construction of the office building is ahead of schedule and according to
the architect and the project inspector, the construction project is within 30 days of the
construction schedule which is the minimum standard required in the Development
Agreement. Mr. Ruff indicated there is a report attached to Pay Request#10 which falls
between pages 4-5 of the pay request packet and it provides detailed status information.
1
Approved by the LBA at a
Regular Meeting on 919104
b. Revisions to Air Rights Option
Jack Roberts indicated that at the last meeting of the LBA (July 8, 2004), a motion was
made by Glenn Kirk that the LBA approve the Air Rights Agreement as drafted and if
Council approves it, the LBA members will sign the agreement, provided, however if
revisions are necessary, the LBA will review and consider those changes prior to final
approval and execution. Mr. Roberts advised that the City Council approved the Air
Rights Agreement subject to three additions to the Agreement and specifically, there is a
memo from him (Mr. Roberts) to City Council which details these changes. Therefore,
consistent with the LBA's resolution of 7/8/04, Mr. Roberts moved to approve the
Air Rights Agreement, as drafted and amended, and that the Chairperson of the
LBA be authorized to sign the agreement as amended and approved by Council.
Mr. Roberts further advised that those changes have been made and included with the
revised Agreement which Mr. Roberts has reviewed and Council has agreed and
approved. The new document has been signed by Ron Boji. Glenn Kirk supported the
motion. Dave Berridge called the question and asked what the impact would be of an
obsolete office building on top of a non-obsolete parking ramp. Mr. Roberts addressed
the question and indicated that even if the air rights option is exited, there is language in
the agreement to address this issue. Jim Ruff advised that it is his understanding that
prior to commencement of construction,there would be an agreement which would be
part of the closing documents as to how to handle this type of issue. Mr. Roberts
reviewed the agreement with the LBA members to specifically review this issue. The
motion was approved by 3-0 roll call vote.
A short discussion ensued regarding the PSD issue.
C. Pay Request#10
Glenn Kirk advised that since the City only cuts checks on Wednesday, he would not
normally be able to have the check before the following week; however, since Mr. Boji
provided the information last week,there will be a check available today pending
approval of Pay Request#10. Sheila Wheeler indicated that everything is satisfactory
with the pay request documents. Mr. Ruff advised that the basics of this pay request are
fine. However, there is a note in the project inspector's comments which he would like
addressed by the LBA members in regard to future pay requests. Specifically, in Russ
Randall's memo dated August 4, 2004, paragraph 5., it is noted that Clark Construction
submitted a Partial Conditional Waiver, which is on page 6 of the pay request. On page
4, there is a Partial Unconditional Waiver from the Boji's. Discussion ensued regarding
this issue. Mr. Ruff thinks there should be an unconditional waiver from Boji's for the
full amount of the pay request. Mr. Kirk asked for the reasons why, and Mr. Ruff advised
2
Approved by the LBA at a
Regular Meeting on 919104
this would be for assurance. Mr. Berridge asked why Clark is giving a conditional vs. an
unconditional waiver. Mr. Ruff advised that this is conditional upon the actual payment.
The current Pay Request#10 is for a total amount of$1,224,590.68. Mr. Roberts advised
he wants an unconditional waiver because as it stands, it pulls the LBA into the
agreement between Clark Construction and the Boji's. Mr. Berridge would approve this
pay request today, however, this fairness and equity issue needs to be corrected. Mr. Kirk
does not feel it is a fairness and equity issue for the LBA. Mr. Kirk advised that his
concern is that it may not be legal for LBA to approve the pay request with a conditional
waiver included with the request. Mr. Roberts advised he would not approve this until he
speaks with the title company. Mr. Silsby advised that if Clark Construction has an issue
it is something they need to work out with the Boji's. Discussion ensued. Mr. Kirk
advised that he simply does not want any liens on the project when it comes time to
approve a pay request. Mr. Kirk advised that the LBA must be careful and make sure it is
managing the relationship with the Boji's, and not the relationship that the Boji's have
with the subcontractors. Mr. Roberts reiterated that he is not comfortable in approving
this pay request until he has had a opportunity to discuss this with the title company.
Mr. Boji provided his input regarding the past performance on this project. So far,
everyone is getting paid and there have been no problems. Mr. Boji further commented
that Mr. Ruff did mention that he has received calls wherein he has been advised that
payments have been made. Mr. Boji also talked about retainage being held by the City.
Mr. Boji indicated that because the City has a title commitment and a waiver from the
Boji's it does not seem necessary to question or not approve this pay request. Mr. Kirk
responded to Mr. Boji and advised that his question is when he sees the conditional
waiver of lien he is concerned that someone is saying that they are not being paid and
therefore, they are putting conditions on the project and the payment.
[Motion by Glenn Kirk for a 5 minute recess; supported by Mr. Berridge; motion carried; recess
from 9:30-9:35 a.m.]
Mr. Boji advised that his terms with Clark Construction are 45-60 days to pay. At today's
date, he is at day 42, within the time period mentioned. Therefore, he is not in a position
where Clark Construction is going to place a lien on this project. Mr. Kirk advised he
does not understand the conditions of their waiver. Mr. Peplowski advised that he spoke
with the Project Inspector for Carl Walker on behalf of he City and he does not see a
problem with this pay request. Mr. Roberts advised that he also spoke with Metropolitan
Title Company and was told that the endorsement is good, which clears up his question
regarding the endorsement and monies. Motion to approve Pay Request#10 was made
by Glenn Kirk; supported by Jack Roberts; motion approved by 3-0 roll call vote.
3
Approved by the LBA at a
Regular Meeting on 919104
3. Other Business:
a. Mr. Berridge indicated that Item#1 under tabled items was discussed at an earlier
meeting and he clarified what the use of the barricades was for. Mr. Peplowski
did not agree. Mr. Berridge advised that since this is a tabled item and has not
been removed from the list of tabled items, it is not up for discussion unless a
motion has been made to do so. Dave Berridge entertained a motion to remove
Item#1 from the tabled items; no motion was made.
b. Mr. Roberts advised that a letter dated 7/12/04 was sent regarding possible
inaccuracies in the Notice of Commencement, and specifically, that the legal
descriptions were "flipped". Mr. Peplowski advised that he sent a letter in
response; Mr. Roberts advised that he has not yet received that letter. Mr.
Peplowski advised that he will send another copy of the letter, and in the letter the
statement is made that Clark Hill had made an error in the legal descriptions and
they will be correcting this issue.
4. Public Comment:
Mr. Berridge advised that the tabled item#3, "Letter from Boji Group Re: Separation of
Ownership Issue - Additional Cost" should be placed on the agenda for the October 14,
2004, Regular LBA meeting.
The Chairperson of the LBA advised that this is Shane Silsby's last LBA meeting before
he leaves his employment with the City, and should be congratulated on his new position
in Phoenix, Arizona. The LBA thanked him for all of his work on this project.
5. Adjourn. The meeting was adjourned at 10:00 a.m.
Recorded and Submitted by:
K leen M. Frantz, ecordi ecretary
ffice Administrator, City orney's Office
4
4/0", 1- apartment of Law
MEMORANDUM
CLERKDEBBIE MINER, CITY
TO:
KATHLEEN M. FRANTZ, Office Adminis
FROM:
DATE: August 12, 2004
RE: FILING REQUEST:Minutes of a Regular Mee ' g of the
Lansing Building Authority held on July 8,2004
Please file the attached original minutes of the July 8, 2004, Regular LBA Meeting, which were
approved on August 12, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
L P :Ci. -
FASHARED\CityDept\City Clerk\2004\LBA minutes 070804 filingmpd
Approved by LBA at a Regular
Meeting on August 12, 2004 i
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON JULY 8,2004, 8:15 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
John (Jack) M. Roberts, Interim City Attorney, Secretary
Others Present: Jim Ruff, Director of Planning &Neighborhood Development
Shane Silsby, Transportation Engineer
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Randy Endsley, Finance Dept.
Sheila Wheeler, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department, 7"'Floor Conference Room, and was
called to order by David Berridge, at 8:28 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 05/19/04 SPECIAL LBA MEETING
Jack Roberts moved to approve the Minutes of the May 19,2004 Special LBA Meeting;
supported by Glenn Kirk; motion carried by 3-0 roll call vote.
2. TOWNSEND RAMP PROJECT
a. Status Report
Jiro Ruff provided information regarding the status of the project to date. Shane Silsby
indicated that the project team will be doing work regarding the sewer and steam lines
across Townsend Street in the next week or two. Precast work is on schedule and will be
done in mid to late August 2004. The last section will cause the closing of the North lane
of Washtenaw and the trucks will nun on the South lane. Mr. Berridge asked if the
Secretary of State has approved this event. Discussion ensued regarding the work which
will be done on the inside of the structure. The General Contractor will be sending out
the bids on the interior signage. Other items were discussed and Mr. Silsby advised there
1
Approved by LBA at a Regular
Meeting on August 12, 2004
will be a meeting today, July 8, 2004, at 2:30 p.m. with MDOT regarding Capitol
Avenue and Allegan Street as they relate to the Capitol Loop Project, and the work
which should be completed in the Spring of 2005 instead of this year. Mr. Berridge
asked for the projected date regarding the opening of the ramp. Mr. Silsby advised that it
will be opening near New Year's Day, or the first of the year 2005. Mr. Berridge asked
what the Development Agreement says regarding the opening date. Mr. Silsby did not
know, however, there is a time frame which he recalls that the date at the far end was
June 2005. However, in the attached Exhibit to the Development Agreement, there is a
more detailed schedule.
Mr. Ruff asked about a dedicated plaque which he would like to have prepared for the
grand opening ceremony. Mr. Silsby indicated that he would help in this regard along
with the Developer. Mr. Berridge would like to have it priced before deciding to
purchase the plaque. Mr. Roberts asked Mr. Boji the date of closing and Mr. Boji
indicated it was August 19, 2003 on the land. Mr. Boji indicated the ramp should be
ready to open in Mid-January 2005.
[The agenda was shifted and discussion was then directed to Item 2.c. "Boji Air Rights
Agreement", and then to 3. "Other Business"]
b. Letter from Boii Group
Re: Separation of Ownership Issue-Additional Cost
Mr. Ruff advised that attached to the information provided there is a list of costs of
changes that have occurred to enable the separate owners of the office building and the
parking ramp which were compiled by Clark Construction and the Boji Group. Mr. Ruff
indicated that based on the letter, he is asking the LBA for consideration to take action on
this item. Mr. Boji indicated that he does not want to discuss this item except to bring it
before the LBA in order that he may snake a presentation on this issue in the future. Mr.
Boji indicated that to summarize the matter,when trying to finalize the Development
Agreement, there was a negotiations meeting with the Mayor, Jim Smiertka, Shane
Silsby, Doug Rubley, Dave Berridge and others who were present to discuss
approximately 14 items. Mr. Ferguson was also present at this meeting. One of the most
important factors was the same amount of time on the drawings as it relates to separation
of ownership. Mr. Boji advised that there was an underlying understanding of a
statement by Jim Ruff on July 19' that everything would be expected to be done
administratively to separate the two buildings especially relative to the issues of
access/egress to Tower Ramp Development. One of the thoughts was that because they
own both parking buildings it was advised that they could have the stairwells and the
only thing they needed was a dividing wall. Now there are two ways of egress and two-
2
Approved by LBA at a Regular
Meeting on August 12, 2004
way firewalls. Mr. Boji would like some time spent on this issue to review this matter
which increased their budget because of the previously stated reasons. Mr. Boji advised
that their contingency has been minimally used because of the schedule being so well
managed. Mr. Bjoi asked that someone be appointed to address how this can be
resolved. Mr. Boji indicated that approximately$1,030,000.00 has been spent by the
Boji Group because of these requirements. Mr. Roberts asked what the date of the
meeting was that he mentioned earlier in this discussion and Mr. Boji advised that it was
in July, prior to July 18"'. Mr. Roberts asked again if Jim Smiertka was present and Mr.
Boji responded affirmatively. Mr. Boji further advised that Pat Reid was not present but
that Doug Rubley was present. Mr. Roberts indicated that he remembers some of this
information was brought to him secondarily and was advised to include these items into
the Development Agreement which was how these matters were resolved. Mr. Boii
asked for clarification on his statement and Mr. Roberts advised that these items were
resolved previously in the Development Agreement. Mr. Ruff advised that subsequently
an elevator was removed from the SE corner and instead made a stair tower in the
parking ramp non-enclosed and non-heated which were done subsequent to that to reduce
the costs for a$100,000 credit which is also reflected on the list attached to the letter
from the Boji Group. Mr. Berridge advised he was in the meeting with Mr. Ruff to deal
with the separation of ownership issue administratively and those items which could not,
would be dealt with during the DESIGN/construction phase. They are now being dealt
with AS additional costs. Mr. Berridge went on to say that it appears in this case that
these are not minimal costs and that the comments that came from Mr. Ruff were
understood by the Developer to be that these items would be at a minimal cost. Mr. Kirk
asked Mr. Ruff what his meaning was of that item. Mr. Ruff advised that as it was
designed, it was for three stair towers. Because of the need to put a property line in for
the City to own the ramp it was required by code that each facility must have two forms
of egress for each because of ownership. Therefore, the comment was to resolve the
need for a fourth stair tower. One of the ways was for the fourth stairway to change from
being an enclosed stair with heat to an open stairway to serve the office building which
had a greater need. Gary Brydges tried to accommodate the idea of three stairwells.
However, there were other factors that affected the decision process, like Fire Marshal
requirements.
[Mr. Berridge had to leave the meeting and asked Glenn Kirk to act as Chairperson]
Mr. Ruff continued with the discussion and indicated that therefore, it was the stairwells
and the time frame constraints on both the stairwells and code requirements. The
decision was made jointly to reduce the cost (since we could not just have 3 stairwells),
one elevator was removed from the parking ramp and one stairwell was moved to
become open. The Building Code officials met with the Developer to see where the
3
Approved by LBA at a Regular
Meeting on August 12, 2004
stairwell in the office building could be placed to meet the Code requirements. Many of
the other costs are from having to go from a one two-hour wall between the buildings so
the Developer took the action to make those into two two-hour walls, instead of one
three-hour wall which was approved by Gary Brydges in regard to Code requirements.
Mr. Kirk asked what he meant by the "work administratively". Mr. Ruff indicated that
they were trying to review other administrative ways to relieve the developer from
having to put in a fourth stairwell. Mr. Ruff also indicated that some of the changes for
the three stairwells which increased the costs were not known at the time of the signing
of the agreement. The final document is actually an amended agreement. Mr. Ruff
advised that there is a paragraph in the Development Agreement which pertains to this
issue. Mr. Kirk indicated that they will take this matter under advisement and come back
at a later meeting to address and make a final decision before the end of August on this
matter.
C. Boji Air Rights Agreement
Mr. Roberts advised that the City Council will be asking about this matter next week.
Mr. Kirk moved that the LBA approve the Air Rights Agreement as drafted and if
Council approves it, the LBA members will sign the agreement; provided, however,
if revisions are necessary, the LBA will review and consider those changes prior to
final approval and execution; motion supported by Jack Roberts; motion
unanimously approved by 3-0 roll call vote.
3. Other Business:
a. Pay Request#9.
Mr. Ruff advised that this request has two pay requests included. The first pay request is
on page 7, as Clark Construction's pay request#13, and on page 10 there is a
continuation sheet detailing the figures. The second request from Clark Construction as
pay request#14 is on page 34, with the continuation sheet detailing the figures on page
37. The current pay request#9 from Tower Ramp Development LLC to the LBA is for
the amount of$905,151.60,which amount is reflected on line 11 of the cover sheet
entitled "Application for Payment". This pay request is based on a percentage complete
of 63.7. Mr. Endsley indicated that Clark Construction's pay request#13 and#14 have
been added together and these figures are accurate as to the total amount requested today
in pay request#9 to the LBA.
Discussion ensued and Mr. Roberts asked about the costs. Mr. Ruff indicated that in Carl
Walker's memo dated July 6, 2004, on page 5 (included with this packet), item#8 reads,
4
Approved by LBA at a Regular
Meeting on August 12, 2004
"The Contract Amount has increased by $883,090.00 from $14,523,992.31 to
$15,407.082.3 L" Mr. Roberts asked if Clark Construction's request is consistent with
Carl Walker's summary and Mr. Ruff responded affirmatively and further advised that
the sworn statement matches those figures and that Boji signed the sworn statement
which reflects they have agreed to this.
Glenn Kirk moved to approve Pay Request#9; supported by Jack Roberts; motion
carried and pay request#9 was approved by 3-0 roll call vote.
b. Building Code Air Rights
Dave Berridge advised that the Building Safety Office is researching the ICC
Construction regarding horizontal property line separation and the impact to the air rights
issue. When further information is available on this matter it will be presented to the
Developer and the LBA. Mr. Ruff advised that the Boji architect team is ALSO
reviewing this issue from a design standpoint.
[The discussion was redirected to Agenda Item 2.b. "Letter from Boji Group Re: Separation of
Ownership issue - Additional Cost"]
4. Public Comment: None.
5. Adjourn. The meeting was adjourned at 9:38 a.m.
Recorded and Submitted by:
athleen M. Frant , cordii Secretary
Office Administrator, City torney's Office
5
P N 51 apartment of Lave
MEMORANDUM
�rICHLGP�
DEBBIE MINER, CITY CLERK
TO:
FROM:KATHLEEN M. FRANTZ, Office Administrat
DATE: July 8, 2004
RE` FILING REQUEST: Minutes of a Special Meeting of the
Lansing Building Authority held on May 19,2004
Please file the attached original minutes of the May 19, 2004, Special LBA Meeting, which were
approved on July 8, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
CP
FASHARED\CityDept\City Clerk\2004\LBA minutes 032604 fling.wpd
Approved by the LBA at a Regular
Meeting on July 8, 2004
MINUTES OF A SPECIAL MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON MAY 19,2004, 8:00 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
John (Jack) M. Roberts, Interim City Attorney, Secretary
Others Present: Jim Ruff, Director of Planning &Neighborhood Development
Shane Silsby, Transportation Engineer
Ron Boji, Boji Group
Mike Peplowski, Boji Group
Randy Endsley, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Department, 7`h Floor Conference Room, and was
called to order by David Berridge, at 10:09 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 05/13/04 REGULAR LBA MEETING
Glen Kirk moved to approve the Minutes of the May 13, 2004 Regular LBA Meeting;
supported by Jack Roberts; motion carried by 3-0 roll call vote.
2. TOWNSEND RAMP PROJECT
a. Draw Request 98
Mr. Ruff advised that the Revised Draw Request#8 was provided to the LBA members
on Monday, May 17, 2004. Mr. Ruff then distributed a 3 page memo dated May 18, 2004
from Carl Walker Associates regarding the revised Draw Request#8, along with page 4
which is the Project Inspector Approval from Carl Walker, Inc. for the original Draw
Request#8 submitted on May 13, 2004. In addition, Mr. Ruff distributed a draft
Continuation Sheet from Clark Construction for the next Draw Request. On page 14 of
the present Draw Request 98, there is a letter from Lori Fernette, Accounting Manager for
Clark Construction Company which provides an explanation of the Sworn Statement. Mr.
Ruff directed attention to page 1 of the revised Draw Request#8 which reflects the same
figures which were previously provided at the LBA meeting on May 13, 2004. Review of
the attached documentation to the current Draw Request#8 ensued and specifically, the
Application for Payment from Clark Construction to the Boji Group (page 19). Mr. Ruff
1
Approved by the LBA at a Regular
Meeting on July 8, 2004
advised that the top figure under the "additions" column at the bottom left of the form in
the amount of$14,035,466.41 reflects the signed change orders. The figure at the bottom
in the amount of$15,030,607.31 reflects the total, including anticipated change orders.
Mr. Ruff advised that on page 29 and 30, is the Application and Certificate for Payment
from the electrical contractor, Summit Contractors, Inc. to Clark Construction. These
documents have been revised to reflect figures that match on the Continuation Sheet and
the AIA form, which were an issue at the LBA meeting on May 13, 2004. Therefore,
these numbers now match and the Continuation Sheet has been revised to clarify the
backup figures contained in this draw request. Primarily,the concern was with regard to
the generator. The Continuation Sheet on page 21 reflects the $231,000 and shows that
they are approximately 99% complete on this sheet. However, the paperwork provided
by Lori Fernette of Clark Construction reflects 44% has been completed. Mr. Berridge
drew attention to #5 of Carl Walker's memo dated May 18, 2004 which indicates "the
current amount on the Clark waiver of lien ($892,697.20) does not match the current
payment due amount on their application for payment number 12 ($903,701.47). Mr.
Ruff advised that with Clark Construction there is a retention and therefore they are
holding back. Mr. Ruff reviewed this issue with the LBA members.
David Berridge entertained a motion to approve this draw request, contingent upon
reconciliation of the Clark Construction Waiver of Lien issue addressed in#5 of Carl
Walker's memo dated May 18, 2004; So moved by Glenn Kirk. Discussion ensued on
the motion and Mr. Berridge indicated that the Partial Unconditional Waiver indicates
Clark Construction's figures are cumulative and that the Title Endorsement is on page 18
and that the Title coverage is over 16 Million Dollars; Jack Roberts supported the
motion; the motion carried and Draw Request 98 was approved by 3-0 roll call vote,
contingent upon reconciliation of the Clark Construction Waiver of Lien issue
addressed in #5 of Carl Walker's memo dated May 18, 2004.
3. Other Business: None.
4. Public Comment: None.
5. Adjourn. The meeting was adjourned at 10:37 a.m.
Recorded and Submitted by:
/l
athleen M. Frantz, Reco /ing Secretary
'Office Administrator, City Attorney's Office
2
e'N 5 1 NC Der artment of Law -
MEMORANDUM
tCI GP
DEBBIE MINER, CITY CLERK
TO: _.
KATHLEEN M. FRANTZ, Office Adminis�to
FROM:
BATE. May 21,2004
RE: FILING REQUEST:
Minutes of a Regular Meeting of the
Lansing Building Authority held on May 13,2004
Please file the attached original minutes of the above referenced Lansing Building Authority minutes
which were approved on May 13, 2004 at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachments
FASHARED\CityDept\City Clerk\2004\LBA min 040804 51004 filing.wpd
Approved by the LBA at a Special
Meeting held on May 19, 2004
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON MAY 13 2004 8:15 a.m.
Members Present: David Berridge, Chairperson
Glenn Kirk, Treasurer
John(Jack) M. Roberts, Jr., Interim City Attorney, Secretary
Others Present: James Ruff, Director of Planning &Neighborhood Development
Randy Endsley, Finance Department
Mike Peplowski, Boji Group
Ron Boji, Boji Group
Shane L. Silsby, Transportation Division
Kathleen Frantz, Recording Secretary, City Attorney's Office
KX�C�CX]CX
The meeting was held in the Public Service Dept., 7t' Floor Conference Room, and was called to
order by David Berridge, at 8:21 a.m.; roll call was taken and a quorum was present.
L APPROVAL OF MINUTES:
04/08/04 LBA REGULAR MEETING
Glenn Kirk moved to approve the minutes of the April 8, 2004 Regular LBA
Meeting; supported by Dave Berridge; motion carried 2-0.
The agenda was deferred to "Other Business".
05/10/04 LBA SPECIAL MEETING (Action Taken Under"Other Business")
Glenn Kirk moved to approve the minutes of the May 10, 2004 Special LBA
Meeting; supported by Dave Berridge; motion carried 2-0.
[Jack Roberts, Jr, Secretary, arrived at 8:23 a.m.]
2. TOWNSEND RAMP PROJECT
[Ron Boji and Mike Peplowski arrived at 8:30 a.m.]
a. Status Report
Jim Ruff provided the members with an update of the project and that the ramp
foundations are all in place. The site is now ready for the precast panels to be installed at
the beginning of June, and approximately 18 precast panels will be installed per day. Mr.
Ruff advised that the interior basement walls have been filled and the waterproofing is all
Approved by the LBA at a Special
Meeting held on May 19, 2004
in place.
b. Pay Request:
Draw Request#8
Jim Ruff provided the members with information
regarding he drawDr w Request
request est 99 and
and the
discussion ensued. Questions were raised regarding
backup documentation wherein the figures did not match p. Ja as c re
submittal movedberts heat
this pay request be returned to the Developer for 3.0 roll call vote.
LBA; Glenn Kirk supported the motion; unanimously carried by
3. Other Business:
The minutes of a Special Meeting of the LBA held on May 10, 2004, were approved by 2-0
vote... please see item#1 for details on the vote.
of
The members reviewed the invoice from Terrell Oetzel for the
air righ hts appraisal
00 invoicewas
the Lansing Building Authority. Motion to authorize payme b 2-0 vote.
made by Glenn Kirk; seconded by Jack Roberts, Jr.; approved Y
Discussion ensued regarding the appraisal and the structural pe ums.structural pr. Berridge
requested worth
Mr. Silsby to inquire of Carl Walker Associates as to what
and get back with the LBA at the next meeting.
4, Public Comment: None.
[The discussion returned to Agenda Item 421
The meeting was adjourned at 9:23 a.m.
Recorded and Submitted by:
Kathleen M. Fr , Record ng Secretary
orney's Office
Office Administrator, Ci �Att
yPrl s I Nc D �partment of Law
MEMORANDUM
IC H L 4G,P �r
TO: DEBBIE MINER, CITY CLERK
FROM:KATHLEEN M. FRANTZ, Office Administrator
DATE: May 13, 2004
RE' FILING REQUEST:
1. Minutes of a Regular Meeting of the
Lansing Building Authority held on April 8,2004
2. Minutes of a Special Meeting of the
Lansing Building Authority held on May 10, 2004
Please file the attached original minutes of the above referenced Lansing Building Authority minutes
which were approved on May 13, 2004 at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachments
FASHARED\CityDept\City Clerk\2004\LBA minutes 031104 filingmpd
Approved by the LBA at a
Regular Meeting on 5113104
MINUTES OF A SPECIAL MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON MAY 10,2004, 8:00 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
John(Jack) M. Roberts, Interim City Attorney, Secretary
Members Absent: Glenn Kirk, Finance Director, Treasurer
Others Present: Randy Endsley, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
X XX��X]C
The meeting was held in the City Attorney's Office, 51h Floor Conference Room, and was called
to order by David Berridge, at 8:12 a.m.; roll call was taken and a quorum was present.
1. TOWNSEND RAMP PROJECT
a. Authorization to Retain Outside Legal Counsel Regarding Condominiums
Jack Roberts moved to approve and authorize that the LBA retain outside legal
counsel in regard to the issue of condominiums on this project site for an amount not to
exceed $6,000.00; and requested the the chairperson of the LBA be authorized to sign the
legal services agreement between the LBA and the law firm of Oade, Stroud & Kleiman.
Randy Endsley indicated that funds are available for these services from the 2003 Bond proceeds,
Unappropriated Investment Earnings. Dave Berridge Supported the motion; carried by 2-0
vote.
2. Other Business: None.
3. Public Comment: None.
4. Adjourn. The meeting was adjourned at 8:17 a.m.
Recorded and Submitted by:
Kathleen M. Frantz, Reco ing Secretary
Office Administrator, ity Attorney's Office
1
Approved by the LBA at a
Regular Meeting on 5113104
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON APRIL 8,2004, 8:45 a.m.
Members Present: David Berridge, Public Service Director, Chairperson
Glenn Kirk, Finance Director, Treasurer
John (Jack) M. Roberts, Interim City Attorney, Secretary
Others Present: Jim Ruff, Director of Planning &Neighborhood Dev.
Mike Peplowski, Boji Group
Randy Endsley, Finance Dept.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Dept., 71" Floor Conference Room, and was called to
order by David Berridge, at 8:25 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 03/26/04 LBA SPECIAL MEETING
Jack Roberts moved to approve the minutes of the March 26, 2004 Special LBA Meeting;
supported by Glenn Kirk; motion carried 3-0.
2. TOWNSEND RAMP PROJECT
a. Status Report
Jim Ruff provided the members with a status report regarding this project. The steel is up
on the site and is now complete. Additional precast has been requested for the parking
ramp. There has been a delay in construction because of the anticipation of the air rights
matter. They are bringing the equipment back in, in the event this additional work is
approved and the special crane is now in place for the additional two case-ons on the
Southwest corner. This would be to install two elevators (at the corner of Townsend and
Washtenaw) to support the additional levels. Mr. Berridge asked about the scheduling
impacts for the additional work. Currently the construction is a couple of months ahead
of schedule and the parking ramp is expected to be completed by the end of 2004 or
January 2005. They anticipate that the crane for the caissons will be brought in next
week for the work to be done the following week which should not adversely affect the
schedule. There will also be a large crane to install the precast panels. Mr. Ruff
provided further information on the project. Discussion ensued.
Mr. Kirk asked about the timing of the whole project and whether it is dependent upon
the approval of the air rights matter. Mr. Ruff advised that the Development Agreement
provides for negotiation of the air rights. Mr. Kirk advised that it would be smart if the
construction crew were not too far ahead of the schedule. Mr. Ruff advised that the
1
Approved by the LBA at a
Regular Meeting on 5113104
timing related to the air rights are primarily geared for the State's RFP that they hold for
the Department of Community Health. Because of the timing of those things,presently
the design of the ramp for the 8"floor does not include the necessary stanchions for going
up with offices above. If a 91h level is added,then the proper stanchions would be
constructed. As far as timing goes, it is better for the construction company to take a
breathe in timing of construction in order to line up a few ducks to continue within their
time frame, leaving their options open for this opportunity for the air rights issue and
having tenants for that particular issue. Mr. Kirk advised that it is important for the City
to let them know where we stand on the air rights on the existing project and possible
future expansion. Mr. Ruff advised that the Development Agreement has allowances in it
as far as a timing standpoint. Those allowances may be even greater than what we have
in the present schedule. Therefore, if we are to get the ramp completed by January 1,
2005, it may not be the time the get it done. Mr. Roberts advised that it would be pretty
close. The construction schedule was amended in order to give them a little cushion.
However, Mr. Kirk advised that the longer it takes to complete, it delays the revenues
needed from this project. Mr. Berridge also noted that the Agreement was looking at
having the project completed by November 2004 because of weather and other concerns.
Mr. Kirk advised the time sensitivity is a concern. Mr. Ruff advised we do not have
control over the weather or other disasters which may require a reroute of materials. Mr.
Berridge asked Mr. Ruff how long before the pre-cast will be delivered. Mr. Ruff
indicated he does not have the answer. Mike Peplowski indicated that as far as a time
line of what is happening,they had to push back the arrival of the precast panels about 1-
2 weeks. Mr. Peplowski advised that right now they are mobilizing the derricks to dig
and have it done in about 2 weeks, therefore, by the end of this month they will be ready
to set precast panels. From today going forward, they will analyze from a financial basis
how much is it going to cost to wait until the Pt week of June in order to get the air rights
issue finalized. Therefore,they have 4-5 weeks to do this. Mr. Peplowski further
indicated that during the first two weeks of May they could begin installing the precast
panels, however, if they decide to wait it may be 2-4 weeks. Mr. Peplowski indicated that
none of this scheduling forecast is outside of the scope of the Development Agreement.
Mr. Berridge confirmed that they would be ready to set precast panels in about two
weeks, so that the project could be completed in November 2004. Mr. Peplowski advised
that he still feels comfortable that it can be completed ahead of schedule. Mr. Ruff
advised that it takes approximately three months to complete the installation of the
precast panels. Mr. Ruff advised we are still waiting for the final drawings for the
parking ramp. In the Development Agreement there was a set of plans and specifications,
plus a list of items to be rectified which would provide for a final set of plans and
specifications. Only one item remains to be resolved on the list. Mr. Ruff further advised
that the issue of the easement that Mr. Roberts is working on is not yet finalized. Mr.
Roberts indicated that Gary Brydges brought him the final draft which included a small
amount of typos which need to be revised. It is Mr. Roberts' understanding that the
attorney for the Boji Group, Mr. Reid,had that document back to the Boji's for signature.
Mr. Roberts indicated that they spoke with Mr. Reid about the typos and Mr. Reid
indicated he would talk to his clients about sending back the Easement. Mr. Ruff advised
that he had received the Easement from the Boji's which contained the typos and he had
2
Approved by the LBA at a
Regular Meeting on 5113104
not yet forwarded them because they contained the typos. Mr. Peplowski indicated that
Mr. Reid advised him that changes can be made on the document to correct the typos.
Mr. Roberts advised that he will call Mr. Reid about correcting the typos and having this
document finalized.
There is also another easement needed for the convenience opening on the former Ellis
Ramp and the proposed new ramp on the City's property. The Accident Fund owns the
Ellis Ramp. Mr. Ruff advised this is not a required opening, but is for convenience. Mr.
Peplowski advised that there were 7 items that they completed, but the last is the
directional signage plan from Carl Walker which has not yet been completed. This is the
last item on the list of specs to get finalized. Mr. Ruff advised this will result in final
plans and specifications for the parking ramp.
b. Draw Request 97
Mr. Ruff reviewed Draw Request 47 dated 4/2/04, with the LBA members. In regard to
Items 1-4 on the Application for Payment,these figures are the same as reflected on Draw
Request 96 last month. Item 5. reflects a$31,000 increase on the Ramp but this figure
did not create a change order to the City or an increase to the total contract; it is a
recalculation of their expenses. The LBA reviewed the figures in Draw Request#6 to
compare these figures with the figures reflected on Draw Request#7. Mr. Ruff also
reviewed the CM fees and Engineering Services costs on the Continuation Sheet. On
Draw Request 96, Page 1, Application for Payment, the "Total Completed and Stored to
Date"was $6,402,488.42. This is an increase of$1,117,282.37. Lines 7A and 7B is a
breakdown which is detailed on page 9 which is the summary sheet of costs. These
figures are what the pay request is primarily the basis for in Draw Request#7 this month
for work completed, which reflects a difference of$19.71. Mr. Ruff advised that the
figures on the Application for Payment, 7a. Hard Costs Completed this Application, in
the amount of$1,097,351.47, were submitted MEDC. This results in basically the same
percentage on line Item#8 of approximately 52% complete. This pay request is based
upon the percentage complete and, therefore, Draw Request No. 7 is for a total amount of
$1,359,972.42. Mr. Ruff expects that a smaller draw request amount will be presented
next month based on the work being done this month. Mr. Ruff indicated that we have
the title endorsed and waivers of lien, however we do not have the report from Carl
Walker for the evaluation of this Draw Request#7. Mr. Ruff is requesting approval of
payment for Draw Request 47, contingent upon the approval of Carl Walker.
Glenn Kirk moved to approve Draw Request#7, contingent upon the approval of Carl Walker
Associates. Jack Roberts supported the motion; discussion on the motion ensued. Mr. Berridge
indicated that he has asked for this information to be provided at the time of the LBA meeting
when a Draw Request is being requested for approval of payment and that all certifications and
approvals be completed before bringing to the meeting. Mr. Ruff indicated the month of April
2004 is short because of the Vt day of the month being on the V Thursday, thereby only
providing 5 business days to complete all the certifications, waivers, etc. Mr. Berridge suggested
3
Approved by the LBA at a
Regular Meeting on 5113104
there be a special LBA meeting in these types of situations if there has not been adequate time to
obtain all the necessary approved documentation. Mr. Peplowski indicated that the process the
LBA has set in place to approve pay requests is time intensive and they are processing the Draw
Requests with appropriate endorsements in a vigilant manner. Carl Walker has had Draw
Request#7 since Monday, April 5, 2004, and Mr. Peplowski called a couple of times to see if it
had been approved, however Carl Walker was unable to review it prior to today's meeting. Mr.
Peplowski further commented that Carl Walker Assoc. are not engaged by the Boji Group, they
are engaged by the City and therefore, the Boji Group is not delaying the pay request process.
Mr. Ruff advised that as far as timing, Carl Walker has 10 days to review a draw request. Mr.
Ruff asked the members if they would like to schedule another meeting. Mr. Kirk indicated that
if this is a timing issue, then perhaps Mr. Peplowski could ask Clark Construction to provide the
AIA to process pay requests one week prior to the first of the month which should enable the
process to move more efficiently in time for the LBA meeting on the 2"Thursday of the month.
Mr. Ruff advised that Carl Walker could then approve the documents needed in time for the LBA
meeting. Dave Berridge asked for a roll call vote on the motion to approve Draw Request
#7, contingent upon the approval of Carl Walker Assoc.; Motion carried unanimously by 3-
0 vote.
C. Status Report Regarding Air Rights Appraisal
Jack Roberts advised that he does not have an answer to report on this at this time. Mr.
Peplowski asked if the LBA had asked The Oetzel Group to perform a new appraisal or
whether he is just reviewing Mr. Vertalka's appraisal. Mr. Roberts advised it would help
us if we did have the Vertalka appraisal. Mr. Roberts asked if they have Mr. Vertalka's
figure and Mr. Peplowski responded that the figure for Mr. Vertalka's appraisal of the air
rights is approximately $360,000.00. Mr. Kirk advised it remains the City's right to
maintain our independence on this issue.
d. Discussion and Technical Analysis Regarding
Adding Another Level on the Parking Ramp
Jim Ruff distributed a Technical Analysis which provides detailed information of the
ramp with 8 levels compared with 9 levels. The capacity for the ramp with 8 levels is
1225, and the capacity for ramp with 9 levels is 1375. Review and Discussion regarding
the Technical Analysis ensued. It was determined that further discussion will be held on
this issue when Shane Silsby, Transportation Engineer for the City of Lansing, can be
present at the next Regular LBA meeting on May 13, 2004. Mr. Berridge indicated he
would also like information regarding the Revenue Impact of this matter, in addition to
the cost to add another level(s), and that the information be provided at the next LBA
meeting. This information should be coordinated between Shane Silsby and Randy
Endsley of the Finance Department. Mr. Peplowski advised that the cost would be
$1,270,000.00 for precast only, $380,000 for ancillary items and other costs. This does
not take into account engineering, architecture, or electrical costs. Mr. Kirk indicated that
if there is another level it would be for parking and the LBA would own the site. Mr.
Ruff advised that the starting point is the air rights appraisal and getting the cost analysis.
4
Approved by the LBA at a
Regular Meeting on 5113104
3. Other Business: None.
4. Public Comment: None.
5. Adjourn. The meeting was adjourned at 9:50 a.m.
Recorded and Submitted by:
kat leen M. Frantz,, ecor, Secretary
Office Administrator, City Attorney's Office
5
OcDt--�
L &Tartment of LawMEMORANDUM
DEBBIE MINER, CITY CLERK
TO:
KATHLEEN M. FRANTZ, Office Administrato
FROM: �-'"
DATE: May 21, 2004
RE: FILING REQUEST: Minutes of a Special Meeting of the
Lansing Building Authority held on March 26, 2004
Please file the attached original minutes of the March 26,2004, Special LBA Meeting,which were
approved on April 8, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
a
FASHARED\CityDept\City Clerk\2004\1.BA minutes 031104£ling.wpd
Approved by the LBA at a Regular
Meeting held on April 8, 2004
MINUTES OF A SPECIAL MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON MARCH 26, 2004, 8:45 a.m.
Members Present: Jill Rhode, Treasurer
David Berridge, Chairperson
John(Jack) M. Roberts, Interim City Attorney, Secretary
Others Present: Jim Ruff, Director of Planning &Neighborhood Dev.
Kathleen Frantz, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Dept., 7th Floor Conference Room, and was called to
order by David Berridge, at 8:49 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 03/11/04 LBA REGULAR MEETING
Jill Rhode moved to approve the minutes of the March 11, 2004 Regular LBA Meeting;
supported by Jack Roberts; motion carried 3-0.
2. TOWNSEND RAMP PROJECT
a. Authorization of appraisal for air rights above Townsend Ramp
Mr. Roberts advised that he has a verbal quote from a local vendor, Terrell Oetzel of The
Oetzel-Williams Group for an appraisal regarding the air rights above the Townsend
Ramp, for an amount not to exceed $5,000.00.
Motion was made by Jack Roberts to approve and authorize The Oetzel-Williams
Group to perform an appraisal regarding the air rights above the Townsend Ramp,
and that the agreement be reduced to writing, subject to approval as to form by the
City Attorney, for an amount not to exceed $5,000.00, and that the agreement be
executed by the Chairperson of the LBA; motion supported by Jill Rhode; approved
by 3-0 vote.
3. Other Business:
[James Ruff arrived at the meeting at 8:53 a.m.]
Mr. Ruff advised that the LBA will need to meet to decide whether they want to do any further
vertical expansion of the ramp and that we will need a recommendation from the Director of
Planning and Neighborhood Development and the Transportation Engineer regarding this issue.
Also, they will need to provide their recommendation regarding this matter at the next Regular
LBA meeting scheduled on April 8, 2004. Mr. Ruff indicated that he recently sent an email
with some information regarding this matter to the LBA members, and that he will provide the
Approved by the LBA at a Regular
Meeting held on April 8, 2004
information they have received to date, such as information from Carl Walker as to what the
impact would be on the level of service. Mr. Ruff also noted that if there is an additional floor of
parking ramp, there would probably be another floor of offices.
4. Public Comment: None.
Motion was made by Jill Rhode to adjourn the meeting at 8:57 a.m.; motion supported by
Jack Roberts; motion unanimously approved 3-0.
Recorded and Submitted by:
Kathleen M. Frantz ecordin ecretary
Office Administrator, City Attorney's Office
yP>J S '"G' Department of U• v
MEMORANDUM
rCHIG�'�
TO: DEBBIE MINER, CITY CLERK
FROM:KATHLEEN M. FRANTZ, Office Administrato
DATE: March 26, 2004
RE:
FILING REQUEST: Minutes of a Regular Meeting of the
Lansing Building Authority held on March 11, 2004
Please file the attached original minutes of the March 11,2004,Regular LBA Meeting,which were
approved on March 26, 2004, at a Special Meeting of the Lansing Building Authority.
Thank you for your assistance.
Attachment
tv
,• L' 7
• _., J
FASHAREMCityDept\City Clerk\2004\LBA minutes 021204 filing.wpd
Approved by the LBA on 3126104
at a Special Meeting
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON MARCH 11,2004, 8:15 a.m.
Members Present: Jill Rhode, Treasurer
David Berridge, Chairperson
John(Jack) M. Roberts, Interim City Attorney, Secretary
Others Present: Randy Endsley, Finance Department
Mike Peplowski, Boji Group
Shane L. Silsby, Transportation Division
Kathleen Lesperance, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Dept., 7tn Floor Conference Room, and was called to
order by David Berridge, at 8:20 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 02/12/04 LBA REGULAR MEETING
Jill Rhode moved to approve the minutes of the February 12,2004 Regular LBA Meeting;
supported by Jack Roberts; motion carried 3-0.
2. TOWNSEND RAMP PROJECT
a. Status Report
Shane Silsby provided the members with an update of the project and the progress being made.
Mr. Silsby advised that there are no issues on the construction and everything is moving along
fine. Mr. Peplowski and Shane Silsby provided detailed information as to the scheduled dates on
the project. In the near future they will be pouring the basement and building up the walls
beginning at the northeast corner of the project. Thereafter, Pre-Con Precast Plant will be
delivering approximately 40 prefab wall units per day for installation on the project.
b. Pgy Requests
(1) Correction to Townsend Street Ramp (Boji)Draw Request#5: $1,553,594.69
Shane Silsby provided the certification from Carl Walker, Inc. in regard to Draw Request
#5 and it has now been approved. At the February 12, 2004, Lansing Building Authority
Regular meeting, Draw Request#5 was approved contingent upon this certification and
approval by Carl Walker; therefore, the pay request approval process for Draw Request
#5 has now been completed. The certification from Carl Walker, Inc. has now been
received on the record and will be placed on file.
Approved by the LBA on 3126104
at a Special Meeting
(2) Draw Request 96
Shane Silsby discussed the draw request which includes Carl Walker's certification of
approval. This draw request includes a subtotal for Hard Costs in the amount of
$1,062,074.09. The figures on the Continuation Sheet and AIA form were discussed in
detail. In regard to the MEDC portion of this project, after the payment of this draw
request the MEDC Grant Loan payments will be completed. On the Continuation Sheet
on Page 14, under Allowances Work Complete of this application are the "Soft Costs" for
the ramp only which are on line 7b on the AIA form, which total is in the amount of
$408,060.42.
Mr. Berridge indicated he is having a problem with some of the information regarding the
Architectural Services, Engineering Services and Legal and Accounting Services, which
show"100% complete" but each month we see more costs to pay. Mr. Silsby indicated
this is reflected in the Total Completed column for the parking ramp which gives a
percentage complete which is what Carl Walker approves for each draw request. The
total amount of Draw Request#6 is in the amount of$1,640,037.89, which is reflected on
Page 1, line 11, of this request.
Mr. Peplowski of the Boji Group advised that since they entered the agreement with the
City on this project there have been numerous changes and requirements due to Code, etc.
As far as engineering and architecture services, he explained the reasons why the
documentation is being done in this manner. Discussion ensued in regard to Page 14,
lines 25, 26, 27, and 28 of the AIA Continuation Sheet. These costs will not be going up
per Mr. Peplowski. Mr. Roberts asked about the separation requirements and Mr.
Peplowski provided an explanation regarding the separation of ownership issues. The
City entered into this agreement with the developer and there were approximately 50
items which were not resolved in the Development Agreement Exhibit E. Mr. Berridge
reviewed Draw Request#2 for reference and, for the record, on the AIA form, lines 25,
26, and 27, the total is approximately $540,000, which was dated 10/28/03, and the total
today is approximately $1,250,000.00.
Motion was made by Jill Rhode to approve Draw Request 96; motion supported by
Jack Roberts; approved by 3-0 vote.
(c) Air Rights Appraisal
This agenda item was erroneously listed under item 2.b.(3), and was corrected as agenda item
2.c. on the record at the time of this LBA meeting.
Mr. Silsby provided information as to this issue and they are still gathering information. Mr.
Silsby has a question about payment of the appraisal of the air rights issue. Dave Berridge
indicated this would be paid by LBA funds. Mr. Silsby indicated it would not be more than
Approved by the LBA on 3126104 r
at a Special Meeting
1 �$20,000. Mr. Berridge indicated that it is h MI-VLprocess
of performing an appraisal. Mr. Peplowski ig done.
Mr. Roberts indicated that the Boji's attorne .-- is being
prepared for the developer by Mr. Vertalka. f����f, 1
performed. Mr. Berridge asked who is in cl idicated
he would do it. Mr. Roberts asked him to cc ..- raisal as
he feels there are companies in the Lansing `i .; "' There
will need to be a special LBA meeting to apI " aisal.
3. Other Business:
Shane Silsby indicated that under the tabled item#2 on the LBA agenda, the correct amount of
the invoice for the Board of Water& Light proposal for improvements to the Washtenaw Street
Electric Vault is $2,010.00. The Service Agreement has been signed by Mr. Ruff. Mr. Silsby
advised that Clark Construction is going to pay the bill on this and request reimbursement later
by the LBA
4. Public Comment: None.
Motion was made by Jill Rhode to adjourn the meeting at 9:10 a.m.; motion supported by
Jack Roberts; motion unanimously approved 3-0.
Recorded and Submitted by:
a hleen"MLesp ran e, Recording Secretary
Office Administrator, City Attorney's Office
' ~"N S 1 NG lepartment of Lar
MEMORANDUM
CHIC,. �r
DEBBIE MINER, CITY CLERK
FROM: KATHLEEN M. LESPERANCE, Office Administra
DATE: March 11,2004
RE' FILING REQUEST: Minutes of a Regular Meeting of the
Lansing Building Authority held on February 12,2004
Please file the attached original minutes of the February 12,2004,Regular LBA Meeting,which were
approved on March 11, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
/kml
Attachment
FASHARED\CityDept\City Clerk\'—)004\LBA minutes 010804 filin6.wpd
Approved by the LBA at a
Regular Meeting on 3111104
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON FEBRUARY 12,2004, 8:15 a.m.
Members Present: Jill Rhode, Treasurer
David Berridge, Chairperson
Members Absent: James D. Smiertka, Secretary
Others Present: John M. Roberts, Jr., Chief Deputy City Attorney
Jim Ruff, Director of Planning &Neighborhood Dev.
Randy Endsley, Finance Department
Mike Peplowski, Boji Group
Ron Boji, Boji Group
Shane L. Silsby, Transportation Division
Kathleen Lesperance, Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Dept., 7t"Floor Conference Room, and was called to
order by David Berridge, at 8:20 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 01/08/04 LBA REGULAR MEETING
Jill Rhode moved to approve the minutes of the January 8,2004 Regular LBA Meeting;
supported by David Berridge; motion carried 2-0.
2. TOWNSEND RAMP PROJECT
a. Status Report
Jim Ruff provided the members with an update of the project and indicated that the easements
which were discussed at the January 8, 2004, Lansing Building Authority meeting are almost
ready. Mr. Ruff advised that steel has been constructed up to about six levels on most of the
office building on this project. In addition,the precast panels continue to be completed and
stored.
b. Pay Requests
(1) Townsend Street Ramp (Boji) Draw Request#5: $1,553,594.69
Jim Ruff provided LBA members with a copy of the pay request before the members for approval
in the amount of$1,553,594.69, dated 2/4/04. Mr. Ruff gave a detailed explanation of the items
listed in the documentation attached to this pay request, as well as increase in prices from the
previous draw request. All of the completion percentage estimates are provided on the
Approved by the LBA at a
Regular Meeting on 3111104
Continuation Sheet in this draw request. Discussion ensued regarding the AIA form. To date,
there is 35.2286%work completed, as reflected on the draw request under line item#8. Mr. Ruff
advised that pending Carl Walker's statement of approval, he believes that this pay request is
satisfactory.
Motion was made by Jill Rhode to approve this pay request in the amount of$1,553,594.69,
contingent upon the approval of Carl Walker; Mr. Berridge asked whether all of the required
paperwork had been submitted with this request and Mr. Ruff advised that they were submitted
(i.e. waivers, etc.). David Berridge supported the motion to approve pay request#5
contingent upon the approval of Carl Walker, with the additional comment that he does not
like contingent approvals and would like this documentation provided at the time of the LBA
meeting. Motion carried by 2-0 vote.
Discussion ensued regarding the MEDC payment issue. Mr. Ruff advised that MEDC is finding
all of the paperwork and the process for payment to be acceptable.
(2) Tower Ramp Invoice for "Extra Barricades for Kalamazoo Street Project
(51,887.42)
Mr. Ruff provided the members with backup information and a copy of the invoice from Tower
Ramp Development regarding this request. Jill Rhode asked why the City did not get a call to
provide the barricades in relation to this matter. Mr. Boji advised that at the time these barricades
were being put up,the City was already putting up barricades at a different location. Mr. Silsby
provided information regarding his understanding of this issue. Mr. Berridge asked who, from the
City, asked for these barricades and Mr. Silsby indicated that he is unsure. Mr. Berridge advised
that this should be resolved by the engineering staff. Mr. Berridge requested that this item be
tabled pending further information.
(3) Board of Water& Light proposal for Improvements to Washtenaw Street Electric
Vault ($2,500.00)
This agenda item was erroneously listed as "Washington" Street and was corrected on the record
at the time of this LBA meeting.
Mr. Ruff provided background information regarding this pay request for$2,500.00. Mr.
Berridge requested that this item be tabled pending further information. (A copy of this invoice
was not provided.)
c. Receipt of Current List of Contractors and Subcontractors
Jim Ruff provided the Recording Secretary with the current list of contractors and subcontractors
at the January 8, 2004 LBA meeting, which are to be placed on file, and Mr. Ruff further
indicated that no one has a problem with this issue.
Approved by the LBA at a
Regular Meeting on 3111104
4. Other Business:
Jim Ruff advised that the Mayor, at a public meeting, stated that there were draft Agreements or
changes as to the air rights which are which are currently an option in the Development
Agreement in regard to the Townsend Ramp Project. This has been proposed by the attorney for
Tower Development with the option that two to three more floors could be added to the office
building. John M. Roberts, Jr., Chief Deputy City Attorney, advised that he met with Tower
Development's Attorney, Pat Reid, on February 6, 2004, to review the proposal. Mr. Roberts
further advised that Mr. Reid is going to revise the proposal with an option for condominiums
included, as his original proposal did not appear that it would work as written. Mr. Reid took all
of the documentation back with him to his office and when the revisions are completed, Mr.
Roberts will bring this proposal to the Lansing Building Authority for review. Mr. Roberts
indicated that his concern was related to the conditions for the bond for this project, as in the
proposal the condos were to be constructed in between the floors with the office building portion
at the top. Further discussion ensued regarding how construction of condos may impact
foundation considerations on this site. Mr. Berridge asked Mr. Roberts whether additional
parking spaces had been included in the proposal, if the condos were put in place. Mr. Roberts
advised that there were no additional parking places included with the new condo project
documentation. Further discussion ensued regarding this matter. Shane Silsby indicated that if
the condos are placed on top of the parking ramp, his concern is about how the parking ramp
would be able to operate during the building of the new condo project and how that would effect
parking revenues. Mr. Berridge asked how you could close a street if the condo project were
being constructed and keep the parking ramp functional.
5. Public Comment: Mr. Boji thanked the City of Lansing for all of its efforts on the
Townsend Ramp Project.
Motion was made by Jill Rhode to adjourn the meeting at 9:07 a.m.; motion supported by
Dave Berridge; motion carried 2-0.
Recorded and Submitted by:
athleen M. Lesp ce, Recording Secretary
Office Administfator, City Attorney's Office
f
yPItA S ,"� Aiepartment of Law
MEMORANDUM
cHiGP
DEBBIE MINER, CITY CLERK
FROM: KATHLEEN M.LESPERANCE, Office Administra
DATE: FILING REQUEST: Minutes of a Regular Meeting of t e Lansing Building Authority held on January 8, 2004 -
RE:
February 24, 2004 '
Please file the attached original minutes of the January 8,2004,Regularl LBA Meeting;-whicfj were
approved on February 12, 2004, at a Regular Meeting of the Lansing Building Authority.
Thank you for your assistance.
/kml
Attaclunent
FASHAREMCityDeptUty Clerk\2003\LBA minutes 010804 filing.wpd
Approved by the Lansing Building
Authority at its Regular Meeting
held on February 12, 2004
MINUTES OF A REGULAR MEETING OF
THE LANSING BUILDING AUTHORITY
HELD ON JANUARY 8,2004, 8:15 a.m.
Members Present: Jill Rhode, Treasurer
James D. Smiertka, Secretary
Members Absent: David Berridge, Chairperson
Others Present: Jim Ruff, Director of Planning &Neighborhood Dev.
Randy Endsley, Finance Department
Mike Peplowski, Boji Group
Shane L. Silsby, Transportation Division
Kathleen Lesperance,Recording Secretary, City Attorney's Office
The meeting was held in the Public Service Dept., 7th Floor Conference Room, and was called to
order by James Smiertka, at 8:23 a.m.; roll call was taken and a quorum was present.
1. APPROVAL OF MINUTES: 12/10/03 LBA SPECIAL MEETING
Jill Rhode moved to approve the minutes of the December 10,2003 Special Meeting,
supported by Jim Smiertka; motion carried 2-0.
2. TOWNSEND RAMP PROJECT
a. Status Report
Jim Ruff advised that the foundation walls are being worked on and preparation for the next phase
is scheduled for next week.
Shane Silsby provided a photo presentation of the site visit to the Pre-Con Precast Plant in
Brampton, Ontario, Canada, where the parking ramp's prefab walls are being constructed.
b. Pay Requests
Jim Ruff provided LBA members with a copy of the pay request before the members for approval
in the amount of$1,427,994.98, dated 12/30/03. At the last LBA meeting there was a request to
identify items in the contingency account column which has been done on this pay request. There
are also new contractors listed for roofing, waterproofing,painting and fire protection. Mr. Ruff
indicated that they received the report from Carl Walker, Inc. who has reviewed the pay request
and we are working with them on a couple of questions which were raised. Mr. Silsby indicated
these questions have been cleared up. Mr. Ruff indicated that the one invoice for the additional
traffic control barriers was covered within the contingency column. Mr. Peplowski indicated that
Approved by the Lansing Building
Authority at its Regular Meeting
held on February 12, 2004
this invoice was from Eagles Excavation so it was in addition to others and was not a change
order on the contract. Verification was received from Carl Walker that the application for this
payment is reasonably reflective of the completion of the ramp and shows that the office building
is within the 30 days of the construction schedule. Therefore, Carl Walker, Inc. has approved this
pay request and verified that there is 26.5% completion of the ramp deck.
Motion was made by Jill Rhode to approve this pay request in the amount of
$1,427,994.98;
Jim Smiertka asked if there was any prevailing wage issues and Mr. Ruff indicated he has
provided the Recording Secretary with a current list of the contractors and subcontractors. Mr.
Smiertka requested that this list be placed on the next Regular Meeting of LBA Agenda.
Jim Smiertka provided support to the motion; pay request for$1,427,994.98 approved by
2-0 vote.
c. Receipt of Current List of Contractors and Subcontractors
Jim Ruff provided the Recording Secretary with the current list of contractors and subcontractors
to be placed on file, which will be on the agenda of the next regular meeting of the LBA for
review.
d. Request for Easement Authorization per Development Agreement, Exhibit L, Art 5.2
Mr. Ruff indicated that approval is being requested for authorization to sign the easement which is
needed in order to issue the building permits pursuant to the Development Agreement, Exhibit L,
Art 5.2. This easement would cover the cross easements between each floor of the parking deck,
among other things.
Jill Rhode moved to approve and authorize the signing of the easement, subject to approval
as to form by the City Attorney's office; supported by Jim Smiertka; motion carried 2-0.
3. Other Business: None
4. Public Comment: None
Motion was made by Jill Rhode to adjourn the meeting at 8:55 a.m.; motion supported by
Jim Smiertka; motion carried 2-0.
Recorde and Submitted by:
athleen M. Lesp.e a Zce, Recording Secretary
Office Administrator, City Attorney's Office