National Brownfield Association Nov 13 Event Registration Now Open

On November 13, 2013, the Michigan Chapter of the National Brownfield Association is presenting a program on the newest developments on brownfield issues in Michigan. The program will be held at the Lansing Center, 333 E. Michigan Avenue, Lansing, MI 48933.

Program speakers will include representatives of both the Michigan Economic Development Corporation and the Department of Environmental Quality. The presenters will discuss proposed legislative and policy developments that affect the CRP program and Act 381; new MDEQ policies on grants and loans; MDEQ guidelines and anticipated developments on vapor intrusion; ASTM standards on continuing obligations and Phase I ESAs; environmental insurance products used in Michigan transactions; legislative and other policy updates under Part 201, including NFAs and certificates of completion; and an update from the RACER Trust.

There will also be a case study that describes the successful use of brownfield tools in Michigan for the Accident Fund project in Lansing and the Downtown Market project in Grand Rapids. Finally, the Chair of the Board of the National Brownfield Association will provide an update on activities at the national level.

A complete agenda can be found here. Registration is $50 for NBA members, $125 for non-members, and $75 for non-members who are government employees. Registration space is limited to the first 100 who register. The program will be held from 9:00 a.m. to 3:30 p.m. on November 13, with registration commencing at 8:00 a.m. Additional information regarding registration can be found here.

Nikki Brown is a legislative associate for the League handling economic development issues.  She can be reached at nbrown@mml.org or 517-908-0305.

Legislation Allowing Angled Parking on State Trunklines Passes Committee

Currently state statute prohibits angled parking on state trunklines in Michigan. As more and more communities look to reinvent their downtown’s there is a great need for flexibility to help create vibrant and livable spaces. Many of our cities and villages across Michigan have state trunklines that are a main street through their downtown. HB 5073 would allow a municipality to work with MDOT and receive authorization to have angled parking on a trunkline.

The need to change this statue was brought to us by the City of West Branch. This bill is being sponsored by Representative Pettalia in the House and Senator Casperson in the Senate. With support from the League and  MDOT, the bill was unanimously voted out of House Transportation Committee. We are appreciate of the efforts of these sponsors and look forward to working with them to continue moving this bill forward.

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

Senate Committee Considers Yard Waste Ban Exemption

This afternoon the Senate Energy & Technology held a hearing on Senate Bill 314, a bill that would lift the yard waste ban for landfills that meet certain criteria. This is, however, a community option.

The League is supportive of this legislation as we have for the last few legislative sessions. The crux of the support is that these bills are a local option, and communities can choose what is best for their needs.

Chairman Nofs indicated that there would likely be an additional hearing in the coming weeks to hear more testimony.

Samantha Harkins is Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org.

House Local Government Committee Takes Testimony on Sewer Tap-In Fee Legislation

HB 4494 sponsored by Representative Joe Graves was taken up for testimony in House Local Government Committee. This bill would limit a municipalities ability to retroactively charge a sewer tap-in fee to two years from the time a building permit is issued. The Michigan Municipal League has some serious concerns with this legislation and is discussing potential changes with the sponsor. During committee, along with the City of Linden, we expressed our concerns and opposition to the bill as introduced.

John LaMacchia is a Legislative Associate for the League handling transportation and infrastructure issues. He can be reached at jlamacchia@mml.org or 517-908-0303.

Package of Bills Dealing with “Squatters” Taken Up In House Committee

A package of bills to assist in dealing with “squatting,” a growing problem throughout the state, was taken up in the House Criminal Justice committee for testimony only.  HB 5069, 5070 and 5071 would collectively make it a felony for a squatter to occupy a home with an SEV of $50,000 or more for a one family home or $100,000 or more for a two family home and relieve the landlord from damage liability for unlawful interference when dealing with a squatter.  The sponsor (Rep. Kurt Heise, Plymouth) stressed this was in no way trying to give landlords more power in evicting tenants.  This was to deal with squatters only, those who take up residents in a location without a lease, title, etc.

Committee members had concerns with the SEV threshold and many felt that should be eliminate; squatting is squatting regardless of the SEV. Additionally, there was some concern regarding this being a felony.

This package of legislation is scheduled for another committee hearing this week.

Nikki Brown is a legislative associate for the League handling economic development issues.  She can be reached at nbrown@mml.org or 517-908-0305.

Bill Allowing Communities to Combine Election Activities Passes House Committee

A bill to allow local communities to enter into written agreements with other local governmental units for election activities passed the House Ethics and Election Committee.  HB 4878 would allow a city or township clerk to enter into a written contract with the county or another city or township to handle election administration duties such as handling absent voter ballot applications/ballots and processing voter registrations and maintenance of the qualified voter file.  Two communities (city or township) could also enter into a contract to prepare and conduct election day operations.  The governing body of each of the participating units would have to approve the action by resolution in order for the written agreement to be entered into.  A local unit can terminate this agreement with 60 days written notice to the other participating party.

This legislation also allows a local governmental unit to approve the bureau of elections or a county, city or township to handle an election if the office of the clerk becomes vacant in close proximity to an election.

Nikki Brown is a legislative associate with the League handling economic development issues.  She can be reached at nbrown@mml.org or 517-908-0305.

House Considers Positive Changes to PA 152

Last week the House Financial Liabilities Reform Committee heard a second week of testimony on a package of bills, Senate Bills 541-545, that make positive clarifying changes to PA 152 of 2011, the Publicly Funded Health Insurance Contribution Act.

Senate Bill 541 would amend the definition of “medical benefit plan”, which currently excludes benefits provided to individuals retired from a public employer. The bill also would exclude a public employer’s contributions to a fund used for the sole purpose of funding health care benefits available to public employees or elected public officials only upon retirement or separation from service.

Senate Bill 542 would amend the requirements regarding the cap on the dollar limit that a public employer may pay toward health care costs. The bill would also increase the multiplier used to calculate the cap on the total dollar amount that a public employer may pay toward health care costs for individual and spouse coverage;include individual plus one nonspouse dependent coverage within family coverage for cap calculation purposes; include elected officials in calculation of the cap; and exclude from calculation of the cap employees or elected officials who declined coverage.

Senate Bill 543 would amend provisions that allow a public employer to opt for a percentage limit on its medical plan contributions, instead of complying with the dollar amount limits, for a medical benefit plan coverage year. Under this option, a public employer may not pay more than 80% of the total annual costs of all of the medical benefit plans it offers or contributes to for its employees and elected public officials.

Senate Bill 544 would require any contracts or other agreements in effect on September 27, 2011, to conform to contribution limits under the Publicly Funded Health Insurance Contribution Act. Currently, this applies to agreements in effect on September 15, 2011.

Senate Bill 545 would modify a provision that allows a local unit of government to exempt itself from the Act’s requirements by a two-thirds vote of its governing body each year, and requires a two-thirds vote to extend an exemption to a new year. The bill would require an exemption or extension vote to take place before the beginning of the medical benefit plan coverage year.

The League is supportive of these changes as they are important clarifications that will help with PA 152 compliance and interpretation from the Department of Treasury. We are anticipating a vote on this legislation in the coming weeks.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

House Committee Passes Change to Incompatible Offices Statute

Last week the House Local Government Committee reported on House Bill 4939, a bill that would allow a department head to serve as a city manager.

The legislation was prompted by a community in Rep. Knezek’s district where the police chief if serving as interim city manager. Under the current statute this is permissible in communities with less than 25,000 population. This legislation would expand it to larger communities. The substitute that passed committee would limit this option to communities of 100,000 people. We are interested in ensuring that exception is available for communities of all sizes.

The legislation now goes to the full House for consideration.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

CALL MISS-DIG. Immunity Exception Passes House Committee

CALL MISS-DIG. Under the legislation passed unanimously today by the House Energy & Technology Committee a local unit of government faces penalties if they do not call the MISS-DIG system when beginning a project that involves digging. If a local unit does call MISS-DIG there is no liability.

This morning the House Energy and Technology Committee unanimously reported on Senate Bills 539 and 540.  Originally the legislation last session would have entirely exempted any action under the MISS-DIG Act from government immunity. That was problematic for us, so the fee structure arose as a result of many discussions with the Senate and the Governor’s office, as well as utility stakeholders. The League always has concerns with expanding government immunity.  Given, however, the inclination of the legislation to create an exception to governmental immunity, this is an extremely narrow exception.

The legislation has wide support from many of the stakeholders in the process, and we will continue to work on this legislation. It now goes to the full House for consideration.

Samantha Harkins is the Director of State Affairs for the Michigan Municipal League.  She can be reached at 517-908-0306 or email at sharkins@mml.org

Redevelopment Underway at Lawrence Technological University Providing Big Boost in Southfield

This birdseye conceptual view of the Southfield City Centre district is facing east from the north side of campus. Ideas include a plaza over Northwestern Highway, a “spine” of new office, retail, and housing development, and other attributes that make the district a destination for student activity, recreation, and socialization.

Reprinted with persmission from Lawrence Technological University Magazine

Significant redevelopment and enhancement of Lawrence Technological University’s Southfield neighborhood is under way and the beneficiaries are current and prospective students, their parents and guests, faculty, staff, alumni, and the thousands of other visitors who journey to campus each year.

One of the first improvements for the Southfield City Centre district was the 2012 construction of a “gateway” plaza on the north end of LTU's campus, at the intersection where Civic Center Drive crosses Northwestern Highway/Lodge Freeway.

Nearly a dozen new restaurants and shops have sprouted on spaces that were formerly vacant or housed underutilized or empty office buildings that have been torn down. The new in-fill spaces are seeing heavy use by the LTU community as well as residential neighbors and 13,000 workers in the surrounding office towers.

Each day, Southfield’s base population of 75,000 residents balloons to 175,000 as business workers and executives head to offices in the city, many located in the towers adjacent to campus. Some 85 Fortune 500 companies have headquarters or offices here. Southfield is attractive because of its central location, great public services, and easy access to freeways.

Lawrence Tech is part of the Southfield City Centre district, (www.southfieldcitycentre.com) a roughly triangle-shaped area anchored by LTU’s 102-acre campus on the west, Evergreen Road on the east, Interstate 696 on the north, and Ten Mile Road on the south.

The district’s boundary extends outward from this triangle to include Southfield’s municipal complex which has a wide variety of amenities ranging from the city hall and its events pavilion, to the city library, hockey arena used by Lawrence Tech teams, a golf course, and more.

This “before-and-after” concept shows goals for the build-out of the City Centre district, including walkable and bicycle-friendly access to a variety of interesting shops and restaurants catering to city residents, area office employees, and the LTU campus community. East of LTU’s campus, this view is north from the intersection of Civic Center Drive and Central Park Boulevard.

In 1992, a special assessment district was created to provide for the operation, maintenance, promotion, and development activities within the City Centre district, including developing pedestrian amenities and facilitating economic development. LTU Vice President for Finance and Administration Linda Height serves on the citizens’ committee that helps oversee and encourage the district’s development and growth.

Creating a ‘college town’
Height, Dean of Students Kevin Finn, Campus Architect Joe Veryser, Associate Professor of Architecture Constance Bodurow, and others at LTU have partnered with Mayor Brenda Lawrence, the City Council, Southfield̓s City Planner Terry Croad, and corporate and business neighbors in the city to provide the types of amenities that attract and retain students and others, and build the 24/7 community and relationships that distinguish vibrant “college towns.”

“Southfield’s City Centre is becoming a vibrant and friendly place to live, work, and play. Its evolution is designed around people and not just cars, with restaurants, shops, offices, apartments, public spaces, cultural institutions, and recreation all within convenient walking distance,” said Rochelle Freeman, Southfield’s business development manager.

The overriding goal is reinvention of the district into a walkable, pedestrian-friendly environment designed around people’s interests and lifestyles. The area’s market demand, employment base, and civic center, all within a 10-minute walking radius, creates a unique opportunity to develop a lifestyle center with broad appeal to restaurants and retailers.

Integrating town and gown

Nearly a dozen new stores and restaurants have sprouted in the City Centre district over the past several years, providing students and campus guests with a variety of interesting options.

Lawrence Tech took the lead in the first phase of a comprehensive array of public infrastructure improvements and pedestrian amenities including new pathways, decorative crosswalks, bus shelters, benches, trash receptacles, and bike racks. Last year, the University helped fund improvements at the northeast corner of the campus that connect, via Civic Center Drive (10 1/2 Mile Road) to the rest of the district.

North of Civic Center Drive and east of campus, a former office building is being converted by a private developer into “Arbor Lofts,” providing loft-style apartments that are expected to appeal to a youthful clientele. Lawrence Tech has sublet 12 of the units (48 beds) to accommodate upperclassmen seeking to live on or near campus. LTU’s two apartment-style housing centers on campus have been filled beyond capacity for the past two years.

“LTU has come a long way from being a commuter university to providing a robust residential campus with active student life and a strong connection to the surrounding community,” Finn said. “This fall we will have nearly 1,000 students living on or near campus. We run a weekend shuttle bus within the City Centre and have worked with several businesses there who offer student discounts. ”

Visualizing the future

The Southfield City Centre district (concept view) facing west from the municipal complex.

To help visualize and plan for future enhancements in the district, the City Centre board and City Planner Croad have retained studio[Ci], a design lab in LTU’s College of Architecture and Design founded in 2008 by Bodurow. It engages a trans-disciplinary team of professional architects, urban designers, civil and environmental engineers, as well as students and faculty.

“Our faculty/student design team focuses on density, infrastructure, mobility networks, and net zero energy,” said Bodurow. “We then create land use, urban design, green infrastructure, and architectural proposals utilizing digital technology.”

Phase I of studio[Ci]’s work, completed last summer, includes urban design plans, programming, and visualizations for close to one million square feet of mixed-use development (based on a commissioned market study and including retail, commercial, institutional, and residential development) along with public realm and non-motorized improvements in the City Centre. The team is now working on Phase II, focusing on developing the architectural and public-realm site plan.

A comprehensive agenda

Pedestrian and transit access and easy walkability are already being realized as the Southfield City Centre district evolves and grows.

While everything is conceptual, Croad said the exercise helps city leaders, residents, business owners, and others visualize what is possible. These concepts, all dependent on funding, include a pedestrian- and bicycle-friendly east-west “spine” of future development that features ground-floor retail, tech-transfer space, and loft-style housing; “day lighting” the now buried Rouge River tributary that traverses the City Centre; a “civic square” at the corner of Evergreen and Civic Center Drive that will provide space for markets, festivals, and other public events; and even a “deck” plaza over Northwestern Highway north of Civic Center Drive to provide a connection between the campus, other parts of the district, and municipal complex.

In 2014, one of the most ambitious and costly public improvements in the district to date will be the complete rebuilding and transformation of Evergreen Road into a boulevard with a landscaped median, bike path, bioswales, and pedestrian-friendly amenities. The $10–15 million project is being funded by the City Centre, the City of Southfield, and SEMCOG.

“Student life at great colleges and universities is closely tied to the activities and opportunities for socialization, recreation, and just plain ‘fun’ surrounding the campus,” Finn said. “We are pleased to partner with the city and our corporate neighbors in this exciting process that will result in an ever better collegiate experience for our students and others at the University.”