Councilmember Vic Loomis expressed concerns about the current temporary certification for occupancy that the city signed on Aug. 23, and trepidation toward issuing a permanent certificate for occupancy in the near future.

After the temporary certification was approved, tenants were allowed to move in on the second, third and fourth floors, excluding the fifth floor and residential space, which should be completed later this year.

When it is completed, the St. Anne Lofts project is slated to house retail space, along with 32 residential loft spaces.

“I want to go on record (saying) there are a lot of loose ends here,” Loomis said. “Candidly, I’m starting to be concerned about personal liability. I’m not talking on behalf of staff but the exposure and liability the city could have.”

There still are outstanding issues with the building, but C2AE, the development group responsible for the project, must comply with the outstanding issues before a permanent certificate for occupancy is issued.

“If (C2AE doesn’t) comply or meet the compliance through an acceptable process, our action is revoking the temporary certificate of occupancy,” East Lansing Planning and Community Development Director Tim Dempsey said. “C2AE indicated that they can comply, and they will comply.”

Dempsey also said he is confident in the structural safety of the building, and that he is comfortable with permanent residence if the outstanding issues are addressed properly by C2AE.

In addition to the building’s safety, city officials also discussed fine details regarding the building’s appearance.

The issue of the crosslike architectural detail on the front of the building also was addressed at the meeting by city attorney Tom Yeadon.

Yeadon said the feature was visible in the approved early drawings of the building, and the council does not have the ability to remove it.

“The fact of the matter is, even if council wanted to have that feature removed from the structure, it would be a violation of the free exercise clause … to attempt to remove the feature,” Yeadon said. “We simply had no authority to determine what the outside of that building looked like anymore than if we approve a home for somebody and they put a cross on it.”

Because of the project’s controversial recent history, including a fourth-floor collapse in June and construction of an unauthorized fifth floor shortly after, the council has been cautious with the advancement of the project.

The council asked city staff for weekly updates on the project to keep track of its progress.
“We note the challenges we’ve had with this project,” Loomis said. “This project has been problematic, but I hope, in the end, this is the safest, most structurally sound building we have in the city of East Lansing.”

The possibility of a permanent certification for the building is scheduled for discussion again at the Sept. 11 work session.