X. MAYOR’S COMMENTS
1
A. SCHEDULED PUBLIC HEARINGS
B. CONSENT AGENDA
2
i. Submitting proposed dates for the Lansing City Council
meeting schedule for 2011
ii. Requesting the withdrawal from consideration the Application
for Naming and Renaming Memorials in the City of Lansing
filed by Sandra Maxim for the installation of an 8 x 8 brick at
Ranney Park Skate Park to remind skaters to wear helmets in
memory of her son Paul Maxim’s death at the Skate Park
iii. Submitting a Request for Recognition of Non-Profit Status in the
City of Lansing submitted by Michigan State AFL-CIO Human
Resources Development, Inc.
iv. Submitting Minutes of Boards and Authorities placed on file
inthe City Clerk’s Office
b. Letters from the Mayor re:
i. Authorizing Issuance of General Obligation Limited Tax Bonds
for Capital Improvements; City Consolidated Garage
ii. Authorizing Issuance of 2010 Unlimited General Obligation
Refunding Bonds
iii. Authorizing Issuance of Revenue Bonds;; Refunding Part of
the Outstanding Sewerage Disposal System Bonds
iv. Emergency Procurement; Repair and Replacement of a Failed
Storm Sewer and of Steam Line Supports
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS
3
XX. ADJOURNMENT
Persons with disabilities who need an accommodation to fully participate in this meeting should contact the
City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain
accommodations. An attempt will be made to grant all reasonable accommodation requests.
4
City of Lansing
Notice of Public Hearing
The City Council of the City of Lansing will hold a public hearing on Monday,
December 6, 2010 at 7 p.m. in the City Council Chambers, 10th Floor, Lansing
City Hall, Lansing, Michigan; for the purpose stated below:
To afford an opportunity for all residents, taxpayers of the City of Lansing and
other interested persons to appear and be heard on the creation of Lansing Plant
Rehabilitation District (PRD-0.1-10) as requested by the applicant for the location
indicated below:
LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF
LANSING, INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED
PLAT THEREOF, AS RECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHERNMOST CORNER OF LOT 1; THENCE
S52°00'30"E, 802.91 FEET ALONG THE SOUTHWESTERLY LINE OF THE CSX
RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCE S02°14'42W, 7.60
FEET ALONG THE EASTERNMOST LINE OF LOT 3; THENCE 235.43 FEET
ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVE
TO THE LEFT, HAVING A DELTA ANGLE OF 39°21'43" AND A CHORD OF
N73°58'04"W, 61.01 FEET; THENCE S01 55'53"W, 7.72 FEET; THENCE
N88°04'07"W, 298.97 FEET; THENCE N01°58'30"E, 361.76 FEET ALONG THE
EAST LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THE POINT OF
BEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS.
1. Name of applicant. If a corporation, include the full corporate name. Identify the finials
representative to whom contact may be made by City officials in processing the
application. Include telephone number.
2. Street location and legal description of property to be included in the proposed district.
2822 N. Martin Luther King Jr., Blvd., Lansing, MI, 48906. - Parcel #: 33-01-01-05-427-003
LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LANSING,
INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED PLAT THEREOF, AS
RECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERNMOST
CORNER OF LOT 1.; THENCE S52°00'30"E, 802.91 FEET. ALONG THE
SOUTHWESTERLY LINE OF THE CSX RAILROAD TO THE EASTERNMOST LINE OF
LOT 3; THENCE S02. 14'42W, 7.60 FEET ALONG THE EASTERNMOST LINE OF LOT 3;
THENCE 235.43 FEET ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOOT
RADIUS CURVE TO THE LEFT, HAVING A DELTA ANGLE OF 39°21'43" AND A CHORD
OF N73°58'04"W, 61.01 FEET; THENCE S01=55'53"W, 7.72 , FEET; THENCE
N88°04'07"W, 298.97 FEET; THENCE N01°58'30"E, 361.76 FEET ALONG THE EAST
LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THE POINT OF BEGINNING.
CONTAINING 2.35 ACRES, MORE OR LESS.
3. General description of the existing facility (if any, number of buildings, type, size, use,
products manufactured, etc.). How long has the firm been in business? At this location?
The building (built in the late 1940's and early 50's) was previously occupied by Peckham
Industries, a not for profit corporation, which utilized the space for manufacturing processes.
The approximately 22,000 square foot building has been determined to be functionally obsolete
due to inadequate HVA C as well as the need for updated electrical and plumbing that would be
necessary to facilitate modern manufacturing operations. The applicant intends to completely
remodel the building, including a new facade with landscaping, roof repairs, new
heating/cooling systems, as well. substantial electrical and fire suppression upgrades. The
prospective owner, Foresight Property Investment LLC, 1•vi1.l lease the facility to Foresight Group
.a 100 year oldA ll service printing company. The renovation process would include both
exterior and interior features of the property resulting-in a modern facility that will secure
Foresight Groups continued growth in Lansing while bringing a new property which was
previously not taxable back on the tax roles.
5. Ownership of property.
6. Provide a general description of the nature and extent of the restoration, replacement or
.reconstruction being sought for exemption and indicate whether improvements will
increase production capacity or update obsolete property.
The applicant intends to completely remodel the building including a new facade with
landscaping, roof repairs, new heating/cooling systems, as well substantial electrical and
fire suppression upgrades.
7. Describe how your present and proposed facility constitutes a manufacturing process by
making a physical or chemical change in goods or materials.
Please provide a simple time schedule for commencement and completion of the various
stages of construction and installation of new machinery and equipment.
10. Will the expenditures for the project described in #9, Part a and b, be more than 10% of
the true cash value (at the commmencement of the project) of the property described in #2-
Part T?
Y es
11. Employment
13. Does your company presently operate manufacturing plants or facilities in other locations
in Michigan? If the answer is yes, will the construction, restoration or rehabilitation of
this plant result in a transfer of employees from other plants located in Michigan to this
facility?
No
14. Parking
15. If you are requesting establishment of a Rehabilitation District, explain how property
comprising` 50% of the property in the proposed district is considered obsolete? (e.g. is
the obsolescence attributed to function, replacement cost, technological changes,
production processes,. etc.).
The applicant is requesting the creation of a Rehabilitation District: The property has
been determined to be firnctionally obsolete by a Level ITT A ssessor giving the below
opinion:
"The subject property was originally designed and used as a nzana facturing facility with
supporting warehousing and office space. The inspection of the property reveled
physical deterioration resulting from deferred maintenance, both interior and exterior.
The property also suffers from curable functional obsolescence requiring modernization;
this is detailed in the contractors estimate. If the subject property is to continue as a
manufacturing concern, the plumbing, heating and cooling mechanical systems, along
with updates to the electrical systems will need to be performed to provide adequate .
mechanical infrastructure support of modern manufacturing equipment. „
16. What circumstances distinct to your company or to this particular project make ecbnoriiic
assistance from the City of Lansing in the form of tax abatement necessary and/or
desirable?
The redevelopment of the famctionally obsolete property will bring the facility on to the
tax roll for the first time since its construction, and will allow Foresight Group to occupy
a modernized facility to help with facture business growth.
1. ' Describe changes in storage methods and/or capacity caused by the . proposed
rehabilitation and/or new construction.
N/A
2. Describe changes in current noise levels anticipated within the facility and at the property
boundaries.
N/A
Describe changes in ambient air quality caused by the proposed rehabilitation and/or new
construction. .
N/A
4 Describe changes in method of both liquid and solid waste disposal caused by proposed
rehabilitation and/or new construction, as well as anticipated changes in quantities of
solid and liquid wastes produced. .
Foresight Groups operates as a industrial printing company and will produce waste at
the site, however printing technologies have . become increasingly environmentally
friendly and the volume of waste developed at the facility is unlikely to exceed those prior
manufacturing processes on site.
5. Describe any changes in demand for public utilities to include water, storm and sanitary
sewers, electricity and natural gas caused by the proposed rehabilitation and/or new
construction. .
N/A
Describe any changes proposed which would affect the potential for fire within the
facility or on the site (e.g. storage of highly flammable material).
N/A
7. 'Does your proposed project require a DNR Air Quality Permit?
N/A
Describe any proposed site improvements such as landscaping, parking lot, fencing or
similar physical improvements.
Foresight Group will be installing all new landscaping around the facade ofthe building
as well as firturepaving of some surface parking areas.
Application for Establishing a
Rehabilitation or Development District . PIECE
Foresight Properly Investment LLC ED
2 OIO' -s 20 2822 N. Martin Luther King, Jr. Blvd NOV 8 20M
Olga
IDEVELOP
MENTCOM
PART I - GENERAL INFORMATION .
1. Name of applicant. If a corporation, include the frill corporate name. Identify the frm/s
representative to whom contact may be made by City officials in processing the
application. Include telephone number.
2. Street location and legal description of property to be included in the proposed district.
2822 N. Martin Luther King Jr., Blvd., Lansing, MI, 48906. Parcel #: 33-01-01-05-427-003
LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LANSING,
INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED PLAT THEREOF, AS
RECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHERNMOST
CORNER OF LOT 1; THENCE ' S52°00'30"E, 802.91 FEET. ALONG THE
SOUTHWESTERLY LINE OF THE CSX'RAILROAD TO THE EASTERNMOST LINE OF
LOT 3; THENCE.S02 . 14'42W, 7.60 FEET ALONG THE EASTERNMOST LINE OF LOT 3;
THENCE 235.43: FEET ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOOT
RADIUS CURVE TO THE LEFT, HAVING A DELTA ANGLE. OF 3921'43" AND A. CHORD
OF N73°58'04"W, 61.01. FEET; THENCE S01°55'53"W, 7.72 _ FEET; THENCE
N88°04'07"W, 298.97 FEET; THENCE N01 58'30"E, 361.76 FEET ALONG THE EAST
LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO. THE POINT OF BEGINNING.
CONTAINING 2.35 ACRES, MORE OR LESS. .
3. General description of the existing facility (if any, number of buildings, type, size; use,
products manufactured, etc.). How long has the firm been in business? At this location?
The building (built in the late 1940's and early 50's) was previously occupied by Peckham
Industries, a not for profit corporation, which utilized the space for manufacturing processes.
The approximately 22,000 square foot building has been determined to. be functionally obsolete
due to inadequate HI/A C as well as the need for.. updated electrical and plumbing that would be
necessary to facilitate modern manufacturing operations. The applicant intends to completely
remodel the building, including a new facade with landscaping, roof repairs, new
.heating/cooling systems, as well substantial electrical and fire suppression upgrades. The
prospective owner, Foresight. Property Investment LLC, will lease the facility to-Foresight Group
a 100 year old fiill service printing company. The renovation process would include both
exterior and interior features of the property resulting.in a modern facility.that will secure
Foresight Groups continued growth in Lansing while bringing a neH> property which was
previously not taxable back on the tax roles.
4.. Type of the property for which the exemption is being sought.
Real property only.
5. Ownership of property.
6. Provide a general description of the nature and extent of the restoration, replacement or
reconstruction being sought for exemption and indicate whether improvements will
increase production capacity or update obsolete property.
The applicant intends to completely remodel the building, including a new facade with
landscaping, roof repairs, new heating/cooling systems, as well substantial electrical and
fire suppression upgrades.
7. Describe how your present and proposed facility constitutes a manufacturing process by
making a physical or chemical change in goods or materials.
8. Please provide a simple time schedule for commencement and completion of the various
stages of construction and installation of new machinery and equipment.
10. Will the expenditures for the project described in #9, Part a and b, be more than 10% of
the true cash value (at the commencement of the project) of the property described in. #2-
Part I?
Y es
11. Employment
13. Does your company presently operate manufacturing plants or facilities in other locations
in Michigan? If the answer is yes, will the construction, restoration or rehabilitation of
this plant result in a transfer of employees from other plants located in Michigan to this
facility?
No
14. Parking
15. If you are requesting establishment of a Rehabilitation District, explain how property
comprising 50% of the property in the proposed district is considered obsolete? (e.g. is
the obsolescence attributed to function, replacement cost, technological changes,
production processes, etc.).
The applicant is requesting the creation of a Rehabilitation District. The property has
been determined to be functionally obsolete by a Level. IT/A ssessor giving the below
opinion:
"The subject property was originally designed and used as a manufacturing facility with
supporting warehousing and office space. The inspection of the property reveled
physical deterioration resulting front deferred maintenance, both interior and exterior.
The property also suffers from curable functional obsolescence requiring modernization;
this is detailed in the contractors estimate. If the subject property is to continue as a
manufacturing concern, the plumbing, heating and cooling mechanical systen2s, along
with updates to the electrical systems will need to be performed to provide adequate
mechanical infrastructure support of modern manufacturing equipment. "
16. What circumstances . distinct to your company or to this particular project make economic
assistance from the City of Lansing in the form of tax abatement necessary and/or
desirable?
The redevelopment of the functionally obsolete property will bring the facility on to the
tax roll for the first time since its construction, and will allow Foresight Group to occupy
a modernized facility to help with future business growth.
N/A
2. in current noise levels anticipated within the .facility and at the property
Describe changes
boundaries.
N/A
3. Describe changes in ambient air quality caused by the proposed rehabilitation and/or new
construction.
N/A
4. Describe changes in method of both liquid and solid waste disposal caused by proposed
rehabilitation and/or new construction, as well as anticipated changes in quantities of
solid and liquid wastes produced.
Foresight Groups operates as a industrial printing company and will produce waste at
the site, however printing technologies have become increasingly environmentally
friendly and the volume of waste developed at the facility is unlikely to exceed those prior
n2anz facturing processes on site.
5.
Describe any changes in demand for public utilities to include water, storm and sanitary
sewers, electricity and natural gas caused by the proposed rehabilitation . and/or new
construction.
N/A
Describe any changes proposed which would affect the potential for fire within the
facility or on the site (e.g. storage of highly flammable material):
11/A
7. Does your proposed project require a DNR Air Quality Permit?
N/A
8. Describe any proposed site improvements sticli as landscaping, parking lot, fencing or
similar physical improvements. .
Foresight Group will be installing all new landscaping around the facade ofthe building
as well as ,tuf=e-repaving ofsome surface parking areas.
/7- °3'
X X12
City of Lansing
Notice of Public Hearing
The Lansing City Council will hold a public hearing on December 6, 2010 at 7
p.m. in the City Council Chambers, 10th Floor, Lansing City Hall, Lansing, MI, for
the purpose stated below:
LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF
LANSING, INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED
PLAT THEREOF, AS RECORDED IN LIBER 29, PAGE 41,' INGHAM COUNTY
RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHERNMOST CORNER OF LOT 1; THENCE
S52°00'30"E, 802.91 FEET ALONG THE SOUTHWESTERLY LINE OF THE CSX
RAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCE S02°14'42W, 7.60
FEET ALONG THE EASTERNMOST LINE OF LOT 3; THENCE 235.43 FEET
ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVE
TO THE LEFT, HAVING A DELTA ANGLE OF 39°21'43" AND A CHORD OF
N73°58'04"W, 61.0.1 FEET; THENCE S0155'53"W, 7.72 FEET; THENCE
N88°04'07"W, 298.97 FEET; THENCE N01 .58'30"E, 361.76 FEET ALONG THE
EAST LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THE POINT OF
BEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS.
Approval of an Industrial Facilities Exemption Certificate (IFT-02-10) requested
by Foresight Property Investment LLC will result in the abatement of real and/or
personal property taxes located within the subject property. Further information
regarding this application for property tax abatement may be obtained from Ken
Szymusiak, Economic Development Corporation of the City of Lansing, 401 S.
Washington Sq., Suite 100, Lansing, Michigan, 48933, 517-485-5412:
ll //Iv-^ I
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1 Application Number 1 Date Received by STC
APPLICANT INFORMATION
All boxes must be completed.
1a, Company Name (Applicant must be the occupant/operator of the facility) ) lb. Standard Industrial Classification (SIC) Code - Sec. 2(10) (4 or 6 DigitCode)
Foresight Property Investment LLC
I. lc. Facility Address (City, State, ZIP Code) (real and/or personal property location) / Id. City/TownshipNillage (indicate which) lb le. County
2822 N. Martin Luther King, Jr, Blvd., Lansing, Ml, 48906 City of Lansing Ingham
1 3a. School District where facility is located 1. 3b. School Code
} 2. Type of Approval Requested
n New (Sec. 2(4)) Transfer (1 copy only) Lansing n 33020
IXI Rehabilitation (Sec. 3(1)) 4. Amount of years requested forexemption (1-12 Years)
■ Speculative Building (Sec. 3(8))
Research and Development (Sec. 2(9)) 12'
5. Thoroughly describe the project for which exemption is sought Real Property (Type of Improvements to Land, Building, Size of Addition); Personal Property (Explain New,
Used, Transferred from Out-of-State,'etc.) and Proposed Use of Facility. (Please attach additional page(s) If more room is needed).
zee,
See attached description,
el; ere' -me
i-
6a. Cost of land and building improvements (excluding cost of land) $450,000.00, J `--t
). 8. Are State Education Taxes reduced or abated by the Michigan Economic Development Corporation (MEDC)? If yes, applicant must attach a signed MEDC Letter of
Commitment to receive this exemption. Yes X No •
it 9. No. of existing jobs at this facility thatwill be retained as a result of this project. It 10, No. of new jobs at this facility expected to create within 2 years of completion.
30 N/A
11. Rehabilitation applications only: Complete a, b and c of this section. You must attach the assessor's statement of valuation for the entire plant rehabilitation district and
obsolescence statement for property. The SEV data below must be as of December 31 of the year prior to the rehabilitation,
a. SEV of Real Property (excluding land) „ $222,434.00
b. SEV of Personal Property (excluding inventory) : ............................................................. $0.00
c. Total SEV $222,434.00
/ 12a. Check the type of District the facility is located in:
Industrial Development District X Plant Rehabilitation District
12b. Date district was established by local government unit (contact local unit) 1 12c, Is this application for a speculative building (Sec. 3(8))?
Yes IX! No
1012, Page 2
} 16. Action taken by local government unit 166. The State Tax Commission Requires the following documents be filed for an
administratively complete application:
Abatement Approved for Years (1-12) . Check or Indicate NIA if Not Applicable
After Completion ■ Yes ■ No _ 1. Original Application plus attachments, and one complete copy
2. Resolution establishing district
Dented (Include Resolution Denying) _ 3. Resolution approving/denying application.
4. Letter of Agreement (Signed by local unit and applicant)
19a. Documents Required to be on file with the Local Unit
Check or indicate N/A if Not Applicable _ 5. Affidavit of Fees (SignedbY local unit and applicant)
1. Notice to the public prior to hearing establishing a district.. _ 6. Building Permit for real improvements if project has already begun
2. Notice to taxing authorities of opportunity for a hearing. 7. Equipment List with dates of beginning of installation
3. List of taxing authorities notified for district and application action. 8. Form 3222 Of applicable)
4. Lease Agreement showing applicants tax liability, - Speculative building resolution and affidavits (if applicable)
9•
lac. LUCI Code 16d. School Code
17. Name of Local Government Body J. 18. Date of Resolution Approving/Denying this Application
Attached hereto is an original and one copy of the application and all documents listed in 16b. i also certify that all dominants listed in 16a
are on file at the local unit for inspection at any time.
19a. Signature of Clerk ' 19b. Name of Clerk 19c. E-mall Address
Chris Swope clerk©lansingrni.gov
19d. Clerk' s Mailing Address (Street, City, State, ZIP Code)
124 W. Michigan Ave., Lansing, MI, 48933
19e. Telephone Number 191, Fax Number
(517) 483-4131 (517) 377-0068
State Tax Commission Rule Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31
each yea .- will be acted upon by December 31. Applications received after October 31 may be acted upon in the following year.
Local Unit: Mall one original and one copy of the completed.applloatlon and all required attachments to:
State Tax Commission
' Michigan Department of Treasury
P.O. Box 30471
Lansing, MI 48909-7971
(For guaranteed receipt by the STC, it is recommended that applications are sent by certified mail,)
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1 LUCI Code )' Begin Date Real 1 Begin Date Personal 1 End Date Real } End Date Personal
Foresight Property Investment LLC - 2822 N. Martin Luther King Jr. Blvd.
P.A. 198 - Industrial Rehabilitation
The building (built in the late 1940's and early 50's) was previously occupied by
Pecldiam Industries which utilized the space for manufacturing processes. The
approximately 22,000 square foot building has been determined to be functionally
obsolete due to inadequate HVAC as well as the need for updated electrical and plumbing
that would be necessary to facilitate modem manufacturing operations. The applicant is
currently the prospective owner of the property and intends to completely remodel the
building, including a new facade with landscaping, roof repairs, new heating/cooling
systems, as well substantial electrical and fire suppression upgrades. The prospective
tenant, Foresight Group, will utilize the property for the expansion of its printing
operations. The renovation process would include both exterior and interior features of
the property resulting in a modem facility that will secure the company's continued
growth in Lansing while bringing anew property which was previously not taxable back
on the tax roles.
The Lansing City Council will hold a public hearing on Monday, December 6,
2010, at 7:00 p.m. in Council Chambers, Tenth Floor, Lansing City Hall, 124
West Michigan Avenue, Lansing, Michigan, to consider an amendment to Section
1298.07 of Title Six, "Zoning," of Part Twelve, of the Planning and Zoning Code,
being Part 12 of the Lansing Code of Ordinance to clarify the existing Ordinance
language and to require that applications for new wireless communication towers
include evidence of a lease or an option to lease agreement with a
telecommunications provider.
For more information about this ordinance amendment phone City Council
Offices on City business days, Monday through Thursday, between 8 a.m. and 5
p.m. at 483-4177. If you are interested in this matter, please attend the public
hearing or send a representative. Written comments will be accepted between 8
am. and 5 p.m. on City business days if received before 5 p.m., Monday,
December 6, 2010, at the City Council Offices, Tenth Floor, City Hall, 124 West
Michigan Avenue, Lansing, MI 48933-1696.
1 ORDINANCE NO.
7 TELECOMMUNICATIONS PROVIDER.
9 Section 1. That Chapter 12, Section 1298.07of the Codified Ordinances of the City of
14 land use permits for towers or antennas by the Council following review
20 (2) Applications for special land use permits under this section shall be
23 in this section.
1
Wireless Communications Towers - Ordinance Amendments
Page 2
Draft # 3 October 18, 2010
1 (3) In granting a special land use permit, the Council may impose
5 may require an applicant to post with the city clerk cash, a certified
20 (5) An applicant for a special land use. permit shall submit the
2
Wireless Communications Towers - Ordinance Amendments
Page 3
Draft # 3 October 18, 2010
reimburse the City for the costs and expenses incurred in reviewing
5 (b) Towers.
9 special land use permit for a tower shall submit the following
15 (i) A scaled site plan clearly indicating the location, type and
3
Wireless Communications Towers - Ordinance Amendments
Page 4
Draft # 3 October 18, 2010
3 [chapter].
4 (ii) Legal description of the parent tract and leased parcel (if
5 applicable).
(iii) The setback distance between the proposed tower and the
14 tower(s), if known.
4
Wireless Communications Towers - Ordinance Amendments
Page 5
Draft # 3 October 18, 2010
5 QUESTION.
13 IN LIEU OF A TOWER
18 (2) Factors considered in granting special land use permits for towers.
2 one or more of these criteria if the Council concludes that the goals
6
Wireless Communications Towers - Ordinance Amendments
Page 7
Draft #, 3 October 18, 2010
12 requirements.
7
Wireless Communications Towers - Ordinance Amendments
Page 8
Draft # 3 October 18, 2010
5 presumed to be unreasonable.
8 unsuitable.
20 thereby:
23 line.
8
Wireless Communications Towers - Ordinance Amendments
Page 9
Draft # 3 October 18, 2010
all towers and antennas for which a special land use permit is
15 Table 1:
16 TABLE INSET:
9
Wireless Communications Towers - Ordinance Amendments
Page 10
Draft # 3 October 18, 2010
greater
100 feet or 100 percent
Existing multifamily residential units greater
height of tower whichever is
than duplex units
greater
Nonresidentially zoned lands or
None; only setbacks apply
nonresidential uses
1
2 1 Includes modular homes and mobile homes used for living purposes.
16 Table 2.
17 Table 2:
18 TABLE . INSET:
19
10
Wireless Communications Towers - Ordinance Amendments
Page 11
Draft # 3 October 18, 2010
Existing Towers--Types
3 less than six feet in height and shall also be equipped with an
10 served thereby.
11
Wireless Communications Towers - Ordinance Amendments
Page 12
Draft # 3 October 18, 2010
5 deferred, or waived.
16 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof
18 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
12
CITY OF LANSING
NOTICE OF PUBLIC HEARING
This Ordinance provides that the moratorium will not apply to existing medical
marihuana establishments, which are limited to the following:
1 ORDINANCE NO.
Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,
11 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT
13 ESTABLISHMENTS.
14 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING
19 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOR THE CITY.
21 THE CITY HAS COMPLETED ITS STUDY OF THE MICHIGAN MEDICAL MARIHUANA
1
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CITY COUNCIL (INTRODUCTORY ) DRAFT #1
NOVEMBER 29, 2010
1 ACT AND ITS IMPLICATIONS FOR THE CITY IS IN THE BEST INTEREST OF THE
3 876.02. DEFINITIONS
4 (1) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL
5 333.26421 ET SEQ., SHALL HAVE THE MEANING GIVEN IN THE MICHIGAN MEDICAL
6 MARIHUANA ACT.
MARIHUANA.
12 AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ORDINANCE WITHOUT FIRST
14 876.04. MORATORIUM
15 THE CITY CLERK SHALL NOT ISSUE ANY LICENSE UNDER THIS CHAPTER DURING
2
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CITY COUNCIL (INTRODUCTORY ) DRAFT #I
NOVEMBER 29, 2010
4 MICHIGAN AVENUE;
8 MICHIGAN AVENUE;
12 MICHIGAN AVENUE;
20 KING BLVD; 700 WEST BARNES AVENUE; AND 407 EAST GRAND
aRF.
21 RIVER AVENUE;
3
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CITY COUNCIL (INTRODUCTORY ) DRAFT #1
NOVEMBER 29, 2010
2 STREET;
4 AVENUE;
CEDAR STREET;
9 AVENUE.
13 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof
15 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
4
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van izat^
430 North Fairview, Lansing, MI 48912
It is time that our city and state officials take a serious look at the lack of laws, rules, and
guidelines concerning the issue of the use, sale, transportation, distribution, growth, etc., of
medical marijuana. We have a very serious issue facing our great city and state, and we are
convinced the time has come to make some positive changes.
As neighborhood leaders on the eastside, a decision was made that we have had enough with
the continuous growth of medical marijuana businesses within our boundaries. We have taken
the liberty to compile a list of laws, rules, and guidelines that our county, city, and state officials
must bring forward so that our city and state does not become the "capital of marijuana."
There are approximately 11 marijuana dispensaries along the Michigan Avenue corridor, the
"core" to our great city, and that is too many. Our reputation, the positive building of our Lansing
neighborhoods, and businesses depend on the development of these rules and regulations that
are in line with the other businesses in our city. It is inevitable that this type of business is here
to stay, but it is imperative that we are consistent with the laws, rules, and guidelines we set
forth so that all businesses are treated the same.
We hope that you will find our suggestions as a stepping stone to bring this issue forward in a
positive and productive manner within the first 60 days of 2011.
If you have any questions or concerns regarding anything in this letter or the attachments
please feel free to contact me.
Sincerely,
I
Nancy MaF low, President
Eastside Neighborhood Organization
517-372-3249
Email: nmahlow@yahoo.com
Medical Marijuana Laws, Guidelines, and Ordinances
1. Limit the number of "businesses" and caregivers within an area/mile: maximum of four within a
one-mile radius.
2. Businesses must be licensed and inspected - this is already a requirement by all city
businesses.
3. Business licenses can not be transferred or sold to another person(s).
4. Licensing and inspection fees would allow the funds to "self-support" the inspection department
overhead costs.
5. Audit and regulation of all businesses
6. Businesses must provide professional liability insurance
7. Can not occupy a building within 1,000 foot distance from: schools, hospital, daycare, parks,
church, community center, senior building, mission or Volunteer of America facility, etc.
8. Regulation of growers, license, and limit the amount transported:
9. Regulate the number of growers within an area, they must have a license to grow which can not
be "transferred or sold" to another individual(s) grower.
10. Growers and transporters can not cross state lines or Canadian borders.
11. Parking regulations = Must have enough parking per the City of Lansing ordinance.
12. Businesses must be located within an "Fl" commercial district
13. There should be actual medical documentation provided to the state licensing department by
their family physician and/or a specialist they have been assigned to for the treatment of an
actual medical condition which might be (but not limited to): migraines, serious injuries, cancer,
leukemia, etc.
14. All card holders must be issued a picture identification card to avoid identity theft or misuse.
15. Legal age limit should be considered (unless there is proper medical documentation). Minors
can not purchase cigarettes which are considered a "drug addiction product".
16. Physicians must be licensed in the state of Michigan. Will not accept an out-of-state physician
prescription. If the person is moving to Michigan, they have 30 days to apply for their "ID" which
must comply with Michigan laws.
17. City and state regulations for the suppliers (which may be different then a grower), that will
consist of a license for the business, transportation license, transporting amount/weight, etc.
18. No "smoking" within 50 feet of an entrance to a public building. Should be treated as the same
as cigarette smoking.
19. Hours of service - pharmacies are not open "24/7"
20. The existing businesses will not be "grandfathered" in.
21. Prepared "food items" that have . Marijuana added should be regulated, inspected, etc. just like
any other food establishment. What is the legal amount that can be added to food (brownies,
cookies, etc.)?
22. Required smoking distance around any establishment such as, but not limited to: hospitals,
churches, schools, daycare, or any public business area
23. All licenses should be renewed after a specific time period similar to a driver's license, business,
etc., and charged a renewal fee. Updated medical documentation (exams, tests, etc.,) would
need to be provided at the time of renewal.
24. Advertising signs, promotions, etc., should be limited to size (inside/out), should not "cover"
windows, doors, etc. At least 80% of the "open area" should be exposed.
(12/2/2010) Kevin Reeves - Voting Down/Veto the proposed Medical Marijuana Moratorium Lansing City Council Decl,e261
City of Lansing MI
Lansing, MI 48933
Mr. Mayor, you must take a page from the book of Larry
Kudlow and let free market enterprise determine the businesses who survive
and the others that do not. The true moratorium is the one that
determines who has the best Marijuana in the city at the best price and
value for your money. The DEA should not be the only agency to determine
who has the best medicine in the city. Let the people and the customers
decide who should stay or go.
There are people from all over the country who call and want
to move to Michigan and Lansing because of the new law. The positive growth
in Lansing shall not be suppressed by a few who want to slow down progress.
Change happens fast and trying to slow down the train sends a negative
message to the voters and patents that approved the new law in 2008. In
summary I urge you to veto this bill and, urge the Lansing City Council to
form a commission with Bob Trezise to create a true business and medical
environment in the City of Lansing Michigan.
Richard C. Clement
(12/2/2010) Kevin Reeves - Voting Down/Veto the proposed Medical Marijuana Moratorium Lansing City Council Deciatige2
Members:
Remember the new rental moratorium? Has a new ordinance solved any problem?
Our Council should encourage all legal businesses to locate inside our
City limits. Unless state law requires otherwise, the dispensaries
ought to be presumed legal. They are no more noxious than any pharmacy.
Older citizens may remember when the lined our business districts. The
now dominate major traffic intersections. Are these businesses
regulated the same as you propose to do with dispensaries?
Respectfully,
Forwarded message
From: robin schneider <robinschneider.mi@gmail.com >
Date: Mon, Nov 29, 2010 at 10:09 AM
Subject: Proposed Moratorium
To: council@lansingmi.com
Sincerely,
Robin Schneider
Capitol City Compassion Club
Medical Marijuana Laws, Guidelines, and Ordinances
1. Limit the number of "businesses" and caregivers within an area/mile: maximum of four within a
one-mile radius.
2. Businesses must be licensed and inspected - this is already a requirement by all city
businesses.
3. Business licenses can not be transferred or sold to another person(s).
4. Licensing and inspection fees would allow the funds to "self-support" the inspection department
overhead costs.
5. Audit and regulation of all businesses
6. Businesses must provide professional liability insurance
7. Can not occupy a building within 1,000 foot distance from: schools, hospital, daycare, parks,
church, community center, senior building, mission or Volunteer of America facility, etc.
8. Regulation of growers, license, and limit the amount transported:
9. Regulate the number of growers within an area, they must have a license to grow which can not
be "transferred or sold" to another individual(s) grower.
10. Growers and transporters can not cross state lines or Canadian borders.
11. Parking regulations = Must have enough parking per the City of Lansing ordinance.
12. Businesses must be located within an "Fl" commercial district
13. There should be actual medical documentation provided to the state licensing department by
their family physician and/or a specialist they have been assigned to for the treatment of an
actual medical 'condition which might be (but not limited to): migraines, serious injuries, cancer,
leukemia, etc.
14. All card holders must be issued a picture identification card to avoid identity theft or misuse.
15. Legal age limit should be considered (unless there is proper medical documentation). Minors
can not purchase cigarettes which are considered a "drug addiction product".
16. Physicians must be licensed in the state of Michigan. Will not accept an out-of-state physician
prescription. If the person is moving to Michigan, they have 30 days to apply for their "ID" which
must comply with Michigan laws.
17. City and state regulations for the suppliers (which may be different then a grower), that will
consist of a license for the business, transportation license, transporting amount/weight, etc.
18. No "smoking" within 50 feet of an entrance to a public building. Should be treated as the same
as cigarette smoking.
19. Hours of service - pharmacies are not open "24/7"
20. The existing businesses will not be "grandfathered" in.
21. Prepared "food items" that have Marijuana added should be regulated, inspected, etc. just like
any other food establishment. What is the legal amount that can be added to food (brownies,
cookies, etc.)?
22. Required smoking distance around any establishment such as, but not limited to: hospitals,
churches, schools, daycare, or any public business area
23. All licenses should be renewed after a specific time period similar to a driver's license, business,
etc., and charged a renewal fee. Updated medical documentation (exams, tests, etc.,) would
need to be provided at the time of renewal.
24. Advertising signs, promotions, etc., should be limited to size (inside/out), should not "cover"
windows, doors, etc. At least 80% of the "open area" should be exposed.
11/29/2010) Diana Bitely Fwd Proposed Moratorium
Sincerely,
Robin Schneider
Capitol City Compassion Club
-; % ,- t
...' i p It i'Z
^...^ ter.
11/29/2010) Diana Bitely - No Medical Marihuana Moratorium Needed Page 1
Members:
Remember the new rental moratorium? Has a new ordinance solved any problem?
Our Council should encourage all legal businesses to locate inside our
City limits. Unless state law requires otherwise, the dispensaries
ought to be presumed legal. They are no more noxious than any pharmacy.
Older citizens may remember when the lined our business districts. The
now dominate major traffic intersections. Are these businesses
regulated the same as you propose to do with dispensaries?
Respectfully,
Carol,
M.A.C.C. and Capital City Caregiver's support the moratorium 100%.
Ryan Basore
> Date: Mon, 29 Nov 2010 11:18:50 -0500
> From: cwood@lansingmi.gov
> To: rbasore@hotmail.com
> Subject: RE: Capital City Cargegivers and the Michigan AssociationofCompassionate Centers.
>
> ** Reply Requested When Convenient **
>
> Here is a copy of the ordinance.
> Carol
> >>> ryan basore <rbasore@hotmail.com > 11/26/2010 8:25 AM >>>
> Carol,
> I have not seen the moratorium yet, but would like to see the a copy of it when it becomes available.
> This is the first moratorium in the state that we would support if the following conditions are included.
> The moratorium should be reasonable in duration. The time used to place a moratorium on new medical
marijuana colliectives ought to be used to research necessary information with which to make decisions
about the pending ordinance pertaining to the parameters these operations may work within.
> Existing medical marihuana clubs, compassion centers and the like, ought to remain in operation unt tI a
regulatory ordinance can be passed.
> MACC would gladly be available to help with research and to provide information to the city as;,part gf it's C)
fact finding mission.
>
>
> Ryan Basore
> Capital City Caregivers
> MACC
>
> > Date: Wed, 24 Nov 2010 14:30:44 -0500
> > From: cwood@lansingmi.gov
> > To: rbasore@hotmail.com
> > Subject: Re: Capital City Cargegivers and the Michigan Association ofCompassionate Centers.
> > ** Reply Requested When Convenient **
> > Ryan,
> > Thank you for the email. Do you or your organizations support the moratorium that is before Council at
this time?
> > Carol
(11/29/2010) Diana Bitely - RE Capital City Cargegivers and the MichiganAssociationofCom passionate Centers Page 2
>>
> > Carol Wood
> > Councilmember At-Large
> > 483-4:188; office:
>>
> > >>> ryan basore <rbasore@hotmail.com > 11/24/2010 2:14 PM >>>
> > My name is Ryan Basore and I am the co-founder of Capital City Caregiver's located on 2208 ET
Michigan Ave. I'm writing you in response to the proposed medical marijuana moratorium Watching , . all of
the fly by night;guys;•withguns sitting , behind counters,,and unlocked doors concerns me g"ready Currently
there is an association that I'm an officer in that is working diligently ontrying to regulate our industry so
patients aren't put in danger and the local police force can feel comfortable with . us We havebeen helping
other care centers across the state who are willing to adhere to our level of security, conduct, and ethical.
treatment of patients. _:
> >
> > Currently the Michigan Association of Compassionate Care Centers has 11 facilities with a combined
8900 members. We are working with-9 other. facilities thathave asked to loin us.and ar..e now.changing
their operations to match our standard. Our dues are expensive as we will be hiringa major lobbyist in the
next month and already have held numerous charity events, protests, and we've payed for our attorney's
to represent 15 patients across the state that were being taking advantage of by our legal system.
:, .
> > The economic benefits toahis-industrycouldbe;ahuge windfall for.-:the city: and the ;state Please.help
us set the standard in Michigan and require these facilities to check paper work and cards, have security
camera's,.locked doors, insurance,.and address,,the gun situation:'We, want to be regulated^fairly, ; and•we
want-to pay our shareof taxesor;licensing fee's ;Wewould love to work With you „anyway we can to make
these changes happen,:
http://www.wilx.com/news/headlines/Dispensary_Robbery_Leads fo .Security_Questions_108317134.htm
>
pia
NOV 29 2010
'9a n izat`°
I fl,y`.i r?
430 North Fairview, Lansing, MI 48912 X26
It is time that our city and state officials take a serious look at the lack of laws, rules, and
guidelines concerning the issue of the use, sale, transportation, distribution, growth, etc., of
medical marijuana. We have a very serious issue facing our great city and state, and we are
convinced the time has come to make some positive changes.
As neighborhood leaders on the eastside, a decision was made that we have had enough with
the continuous growth of medical marijuana businesses within our boundaries. We have taken
the liberty to compile a list of laws, rules, and guidelines that our county, city, and state officials
must bring forward so that our city and state does not become the "capital of marijuana."
There are approximately 11 marijuana dispensaries along the Michigan-Avenue corridor, the
"core" to our great city, and that is too many. Our reputation, the positive building of our Lansing
neighborhoods, and businesses depend on the development of these rules and regulations that
are in line with the other businesses in our city. It is inevitable that this type of business is here
to stay, but it is imperative that we are consistent with the laws, rules, and guidelines we set
forth so that all businesses are treated the same.
We hope that you will find our suggestions as a stepping stone to bring this issue forward in a
positive and productive manner within the first 60 days of 2011.
If you have any questions or concerns regarding anything in this letter or the attachments
please feel free to contact me.
Sincerely,
r
ry- -I
r'IYl ,J
Lansing City Council Members -2- November 29, 2010
Attachment
cc: Senator Gretchen Whitmer
Representative Joan Bauer
Mayor Virg Bernero
Brigham Smith, City Attorney
Chris Swope, Lansing City Clerk
Teresa Szymanski, Chief, Lansing Police Department
Robert Johnson, City Neighborhood Development
Brian McGrain,County Commissioner
Bob Trezise ; Economic Development Corporation
Cheryl ' Risner, Director, Lansing Neighborhood Council
Neighborhood Watch Coordinators
Lansing Police Department Advisory Board
Eastside Neighborhood Organization Board
F1A
PASSAGE OF ORDINANCE
An Ordinance of the City of Lansing to Add Chapter 876 to the Lansing Codified
Ordinances by imposing a moratorium on the issuance of licenses for medical
marihuana establishments
Is read a second time by its title. The Ordinance was reported from the Committee on
Public Safety and is on the order of immediate passage.
❑ ADOPTED ❑ FAILED
DRAFT CITY COUNCIL (INTRODUCTORY ) DRA FT #1
NOVEMBER 29, 2010
1 ORDINANCE NO.
6 Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,
11 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT
13 ESTABLISHMENTS.
14 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING
19 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOR THE CITY.
21 THE CITY HAS COMPLETED ITS STUDY OF THE MICHIGAN MEDICAL MARIHUANA
1
DR&FT
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DRAFT CITY COUNCIL (INTRODUCTORY ) DRAFT #1
NOVEMBER 29, 2010
1 ACT AND ITS IMPLICATIONS FOR THE CITY IS IN THE BEST INTEREST OF THE
3 876.02. DEFINITIONS
4 (1) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL
5 333.26421 ET SEQ., SHALL HAVE THE MEANING GIVEN IN THE MICHIGAN MEDICAL
6 MARIHUANA ACT.
9 MARIHUANA.
12 AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ORDINANCE WITHOUT FIRST
14 876.04. MORATORIUM
15 THE CITY CLERK SHALL NOT ISSUE ANY LICENSE UNDER THIS CHAPTER DURING
2
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CITY COUNCIL (INTRODUCTORY ) DRA FT #1
NOVEMBER 29, 2010
4 MICHIGAN AVENUE;
8 MICHIGAN AVENUE;
12 MICHIGAN AVENUE;
20 KING BLVD; 700 WEST BARNES AVENUE; AND 407 EAST GRAND
21 RIVER AVENUE;
o
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CITY COUNCIL (INTRODUCTORY ) DRA FT #1
NOVEMBER 29, 2010
2 STREET;
4 AVENUE;
7 CEDAR STREET;
9 AVENUE.
13 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof
15 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
17 Approved as to form:
18
19
20 City Attorney
21 Dated:
22
23
24
DR
25
4
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Chris Swope
Lansing City Clerk
Attached for your review and appropriate action is a draft resolution proposing the Lansing
City Council meeting schedule for 2011. The resolution also addresses an additional
Council meeting for 2010. Please contact me if I may provide any additional information or
assistance.
Sincerely,
Chris Swope
Lansing City Clerk
WHEREAS, City Clerk Chris Swope submitted a recommended list of dates for the
Lansing City Council meetings for 2011 to the Lansing City Council; and
WHEREAS, Mayor Virg Bernero has requested the State of the City Address to be
January 24; and
WHEREAS, the Lansing City Charter requires the City Council to meet weekly at least
50 weeks a year; and
WHEREAS, the Committee of the Whole has reviewed the City Clerk's
recommendations and concurs with the list of recommended meeting dates for 2011;
and
NOW, THEREFORE, BE IT RESOLVED the Lansing City Council hereby approves the
recommendations of City Clerk Chris Swope for Lansing City Council meeting dates for
2011 as follows:
January 3, 10
January 20 - Thursday at 1:30 p.m. due to Martin Luther King Jr. Day
January 24, 5:00 p.m. for the State of the City Address, location t.b.a.
January 31
February 7, 14, 21, 28
March 7, 14, 21, 28
April 4, 11, 18, 25
May 2, 9, 16, 23
June 2 - Thursday at 1:30 p.m. due to Memorial Day
June 6, 13, 20, 27
July 7 - Thursday at 1:30 p.m. due to Independence Day
July 11, 18, 25
August 1, 8, 15, 22, 29
September 8 - Thursday at 1:30 p.m. due to Labor Day
September 12, 19, 26
October 3, 10, 17, 24
November 4 - Thursday at 1:30 p.m. due to Halloween
November 7, 14, 21, 28
December 5, 12
Except as otherwise noted, all meetings will be on a Monday at 7:00 p.m. in the
Lansing City Council Chambers, 10th Floor City Hall.
BE IT FURTHER RESOLVED that the Lansing City Council hereby schedules an
additional Lansing City Council meeting for Monday, December 20, 2010 at 1:30 p.m.
BE IT FURTHER RESOLVED that the Lansing City Council hereby rescinds Resolution
2010-374.
Chris Swope
Lansing City Clerk
December 2, 2010
I am formally requesting that you withdraw from consideration the Application for Naming
and Renaming Memorials in the City of Lansing filed by Sandra Maxim for the installation
of an 8 x 8 brick at Ranney Park Skate Park to remind skaters to wear helmets in memory
of her son Paul Maxim's death at the Skate Park. The Park Board approved this request
and the brick has already been installed.
Chris Swope
Lansing City Clerk
December 2, 2010
The attached application for Recognition of Non-Profit Status in the City of Lansing has
been submitted to the City Clerk's Office, and is being forwarded for your consideration
and appropriate action:
Sincerely,
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit
Organization;
The Michigan State AFL-CIO Human Resources Development Inc. respectfully request
recognition of our non-profit organization from the city of Lansing.
Michigan State AFL-CIO Human Resources Development Inc. is headquartered at 419 South
Washington Square, Suite 300, Lansing, Michigan 48933 and is a 501 c3 nonprofit organization.
Michigan State AFL-CIO Human Resources Development Inc. provides services to unemployed
and underemployed workers in the State of Michigan regardless of their union membership
status. Please find enclosed the supporting documentation as outlined on your website.
Sincerely,
r,.
Fran Sibley, Chief Executive Officer
Enclosed:
Copy of our 501c3 designation of
Copy of our Articles of Incorporation F-;
Copy of our Bylaws V ra
FS:pf:opeiu459aflcio
Pursuant to the provisions of the Michigan Nonprofit Corporations Act, Act 162, Public
Acts of 1982 (the "Act"), as amended, the corporation executes the following articles:
ARTICLE I
The name of the corporation is Michigan State AFL-CIO Human Resources Development,
Inc.
ARTICLE II
4. To provide services, education and relief to the poor, elderly and distressed,
and to others in need;
5. To engage in any other lawful activities which are not inconsistent with the
corporation's status as an exempt organization under Sec. 501(c)(3) of the Internal
Revenue Code of 1956.
The foregoing enumeration of specific purposes and powers shall, except as specifically restricted
herein, be in no way limited or restricted by reference to or inference from the terms of any
provision of this or any other Article of these Articles of Incorporation.
ARTICLE III
The corporation is organized upon a nonstock directorship basis. The corporation possesses
Page 1 of 4
the following assets:
The corporation is to be financed under the following general plan: funding under federal,
state, local, private and other grants.
ARTICLE IV
The address of the initial registered office is: 419 Washington Square South, Suite 200,
Lansing, MI 48933-2138.
The name of the initial resident agent at the registered office is: Mark Alexander.
ARTICLE V
Mark Gaffney 419 Washington Square South, Suite 200, Lansing, MI 48933-2138.
ARTICLE VI
No part of the net earnings of the corporation shall inure to the benefit of, or be
distributable to, its directors, officers, or other private persons. However, the corporation shall
be authorized to pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of the purposes set forth in Article II. No substantial part of the
activities of the corporation shall be the carrying on of propaganda or otherwise attempting to
influence legislation. The corporation shall not participate in, or intervene in (including the
publishing and distribution of statements), any political campaign on behalf of or in opposition to
any candidate for public office. Notwithstanding any other provision of-these articles, the
corporation shall not carry on any other activities not permitted to be carried on (1) by a
corporation exempt from federal income tax under IRC 501(c)(3) or the corresponding section of
any future federal tax code or (2) by a corporation whose contributions are deductible under
section IRC 170(c)(2) or the corresponding section of any future federal tax code.
ARTICLE VII.
The corporation shall be managed by a Board of Directors. The Initial Board of Directors
shall consist of the person then serving as President of the Michigan State AFL-CIO. The Board
may be expanded with additional members by action of the Board. The term of office of the initial
Page 2 of 4
Director of the Corporation shall be the term of office of the President of the Michigan State AFL-
CIO.
ARTICLE VIII.
The offices of president, secretary, and treasurer of the corporation shall be held by one
person, who shall be designated as the Executive Director. The Executive Director of the
corporation shall be appointed by, and shall serve at the pleasure of, the Board of Directors. The
Director may be removed from office by the Board, with or without cause. The Executive
Director shall manage the operation of the corporation under the direction of the Board of
Directors.
ARTICLE IX.
Page 3 of 4
brought shall determine upon application that despite the adjudication or liability, though in view
of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such
expenses which such court shall deem proper.
4. Liability Insurance. The corporation shall have power to purchase and maintain
insurance on behalf of any person who is or was a Director, Executive Director, employee, or
agent of the corporation, or is or was serving at the request of the corporation as a board member,
officer, executive committee member, subcommittee member, employee or agent of another
corporation, partnership, joint venture, trust, or other enterprise against any liability asserted
against that person and incurred by that person in any such capacity or arising out of that person's
status as such, whether or not the corporation would have power to indemnify that person against
liability pursuant to the Michigan Nonprofit Corporation Act.
ARTICLE X.
1. Amendment of Articles of Incorporation. The Board of Directors shall have the
power to amend these Articles of Incorporation, except as expressly provided in the Michigan
Nonprofit Corporation Act.
ARTICLE XII
Page 4 of 4
BYLAWS
of
MICHIGAN STATE AFL-CIO
HUMAN RESOURCES DEVELOPMENT, INC.,
a Michigan Nonprofit Corporation
ARTICLE I. Name. The name of the Corporation is Michigan State AFL-CIO Human
Resources Development, Inc.
ARTICLE Ii. Purposes. The purposes for which the Corporation is organized are:
5. To engage in any other lawful activities which are not inconsistent with
the corporation's status as an exempt organization under Sec. 501(c)(3) of
the Internal Revenue Code of 1956.
The foregoing enumeration of specific purposes and powers shall, except as specifically
restricted herein, be in no way limited or restricted by reference to or inference from the
terms of any provision of this or any other Article of these Articles of Incorporation.
ARTICLE III. Restrictions on Activities. No part of the net earnings of the corporation shall
inure to the benefit of, or be distributable to, its directors, officers, or other private persons.
However, the corporation shall be authorized to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes set forth
in Article II. No substantial part of the activities of the corporation shall be the carrying on
of propaganda or otherwise attempting to influence legislation. The corporation shall not
participate in, or intervene in (including the publishing and distribution of statements), any
political campaign on behalf of or in opposition to any candidate for public office.
Notwithstanding any other provision of these articles, the corporation shall not carry on any
other activities not permitted to be carried on (1) by a corporation exempt from federal
income tax under .IRC 501(c)(3) or the corresponding section of any future federal tax code
Page 1 of 4
or (2) by a corporation whose contributions are deductible under section IRC 170(c)(2) or
the corresponding section of any future federal tax code. This corporation shall remain a
non-profit corporation during the entire time of its existence.
ARTICLE IV. Offices of Corporation. The principal office' of the Corporation shall be in
Lansing, Michigan. The Corporation may have such other offices as the Board of Directors
may determine are required.
C. Action Without Meeting. Any action which may be taken at a meeting of the
Board of Directors may in an emergency situation be taken without a meeting if a consent
in writing setting forth the action to be taken shall be signed by a majority of the Directors.
Page 2 of 4
ARTICLE Vll. Officers.
The offices of president, secretary, and treasurer of the corporation shall be held by
one person, who shall be designated as the Executive Director. The Executive Director of
the corporation shall be appointed by, and shall serve at the pleasure of, the Board of
Directors. The Executive Director may be removed from office by the Board, with orwithout
cause. The Executive Director shall manage the operation of the corporation under the
direction of the Board of Directors. The Executive Director, subject to the supervision of
the Board, shall exercise administrative management of the operations of the Corporation,
including but not limited to: direction and coordination of staff activities; supervision over
personnel matters; management of the budget, accounting, and record keeping;
representation of the Corporation in contracts and transactions with governmental
agencies, contractors, community agencies, consultants, and others; management of
compliance with federal, state, and local laws, etc. The Board may appoint such other
officers as it deems necessary for the management of the Corporation.
A. Checks, Drafts, Etc. All checks, drafts or orders for the payment of money,
notes or other evidences of indebtedness issued in the name of the Corporation shall be
signed by such Officer or Officers, agent or agents of the Corporation and in such manner
as shall from time to time be determined by resolution of the Board of Directors. In the
absence of such determination by the Board of Directors, such instruments shall be signed
by the Executive Director.
B. Contracts. The Executive Director, with the approval of the Board, may enter
into any contract or execute and deliver any instrument in the name of and on behalf of the
Corporation.
ARTICLE IX. Fiscal Year. , The fiscal year for the Corporation shall be July 1 to June 30,
or as otherwise determined by the Executive Director.
Page 3 of 4
ARTICLE XI, Amendment of Bylaws. These Bylaws may be altered.; .amended or repealed
and new Bylaws adopted upon a vote of a majority of all Board members then in office,
provided that any sproposed rchange has beer distributed in writingtb , all Directors then in
office at least one (1) Week befdre,the scheduled7vOte.
.„
-SIGNED: .
Page 4 of 4
Internal Revenue Service Department of the Treasury
Washington, DC 20224
Person to Contact:
,Michigan State AFL-CIO
,john Monahan
L.E.A.D., Inc. Telephone Number:
419 S. Washington
Lansing, MI 48933 .(202) 566-3893
Refer Repl to:
E:EO:R:1-3JC
Date: DEC 2 9
E.I.N.: 38-2795791
K.D.O.: Cincinnati
Leaend:
W= AFL-CIO
X= Michigan State AFL-CIO
-V= Michigan State AFL-CIO L.E.A.D.,Inc
Z= State of Michigan
Dear Sir or Madam:
This is in response to a ruling request submitted on your
behalf by your authorized representatives. Your request involves
the federal income tax consequences of the following proposed
transactions.
X is a state central labor council recognized exempt under
section 501(c)(5) of the Internal Revenue Code pursuant to a group
exemption issued to W.
One of the objects and purposes of X as set forth in its
Constitution is to encourage and conduct an education program in
cooperation with affiliated locals, councils and international
unions, to also sponsor classes, institutes and other educational
activities directed toward improving union leadership and community
understanding of organized labor's programs.
Membership in X consists of local unions, local central
bodies, and other regional entities affiliated with W and located
within the geographical boundaries of Z.
The activities of X are supported by monthly dues contributed
by affiliated labor organizations, computed on a per capita basis.
Y was incorporated in July, 1988. Prior to that time, it was
operated as a program of X. Since its separate incorporation, Y has
been recognized exempt under section 501(c)(3) of the Code as a
charitable and educational organization. Its activities are the
same as when it was opera te das a program oof X
-2-
Michigan State AFL-CIO L.E.A.D., Inc.
Section 501(c) (3) of the Code provides for the exemption from
federal income tax of organizations organized and operated
exclusively for purposes specified therein, no part of the net
earnings which inure to the benefit of any private shareholder or
individual.
Dear Taxpayer :
If our mailing labels have already been printed, the label you
receive on your tax package may still reflect your former name. If
this happens, please correct your name on the label when you file your
return.
When you write, please include your telephone number, the hours you
can be reached, and this letter.' You may also want to keep a copy of.
this letter for your records.
Telephone Humber. ( 5 17 ) 372-0784 Hours 9-5
We apologize for any inconvenience we may have caused you, and thank
you for your cooperation. -
Sincerely yours,
Sylvia G. Hermann
Chief, Taxpayer Assistance Section
Enclosure(s):
Copy of this letter
iv
Chris Swope
Lansing City Clerk
December 2, 2010
The Minutes from the Meetings of the following Boards and Authorities of the City of
Lansing were placed on file in the City Clerk's Office and are attached for your information
and review.
If I, or my staff, can provide further assistance or information relative to the filing of these
minutes, please contact us at 483-4131.
Sincerely,
The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive,
Lansing, Michigan.
Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney
Marilyn Plummer and Sandra Zerkle.
APPROVAL OF MINUTES
PUBLIC COMMENTS
MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA
SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY
DO SO IMMEDIATELY PRIOR TO ADJOURNMENT.
Thank you card from former Board of Water & Light's Executive Secretary Beverly Bishop.
The Committee of the Whole of the Lansing Board of Water and Light met at the
Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, August 10, 2010.
Committee of the Whole Chair Louney called the meeting to order and asked the
Corporate Secretary to call the roll.
Present: Commissioners Tony DeLuca, Dennis Louney, Marilyn Plummer, Tracy
Thomas and Sandra Zerkle.
Public Comments
Approval of Minutes
General Manager J. Peter Lark stated that at a previous meeting there was
discussion regarding waiving senior citizen late fees at which the Board asked
staff to look into the matter of matching up bill due dates with the distribution of
senior citizens' monthly income. .
Assistant General Manager and Chief Financial Officer Susan Devon stated that
at a previous Committee of the Whole meeting there was some discussion
regarding changing billing dates and due dates to accommodate seniors. At that
meeting Ms. Devon stated that the changes would require some Information and
Technology (IT) work and the cost was unknown. Ms. Devon spoke with IT
regarding the suggested accommodations and found that these changes or
adjustments could be done. So if senior citizens wants to adjust their due date, it
can be done taking into consideration that the adjustment can not go past the
next billing due date. Also the due date can be adjusted by changing the date the
bill is sent out. These adjustment methods are already in place.
Commissioner Zerkle questioned if this information could be put in the monthly
newsletter. .
Regular Board Mtg.
September 28, 2010
Page 3 of 18
In response to Commissioner Zerkle's question, General Manager Lark stated
this information could be put in the newsletter since he does not expect this to
become an overwhelming request which would impose an overload of work on
the IT Department. General Manager Lark stated that if this does become an
overload, he would come back to the Board and. review this matter again.
Mark Nixon stated that the Board of Water & Light (BWL) is tweeting on Twitter
and will continue to do so. He stated that Twitter seems to be a more positive
social media than Facebook and that the BWL has more than 300 Twitter
followers. This social media is good for the BWL to get their message out and to
understand the flow of the community conversation. Facebook is used almost
exclusively for marketing the Chili Cook-Off event.
Mr. Nixon stated that the Board of Water & Light's web site (Intranet and Internet)
may not be considered a social media, but is very important technically and it is
constantly evolving. In addition, General Manager Lark's videocast has become
popular and that is a great way to interact with over 700 people.
The new social media for Lansing residents is the SeeClickFix, which is a texting
service that allows any customer the ability to report to the Board of Water &
Light any non-emergency utility issue that needs attention.
Doug Wood stated that Smart Grid is kind of a continuum ranging from Automatic
Meter Reading (AMR) to a complete total monitoring, communication and control
of the Transmission and Distribution (T&D) System.
Mr. Wood stated that the Board of Water & Light is not on the cutting edge, but
not at the starting point either. Board of Water & Light's management has
positioned itself well given where the industry is with this technology and the
early lessons learned.
Mr. Wood stated that the Board of Water & Light will continue to keep a close eye
on Smart Grid developments and evaluate opportunities that will not hamper long
term solutions.
Mr. Wood said they plan on getting other municipal agencies and the school
district involved to see if there are any opportunities there. He said that the
Michigan Public Service Commission will be facilitating a Smart Grid forum for
Michigan utilities and the Board of Water & Light plans to attend.
Ms. Christensen stated that the main focus is to remove the barriers for people
both purchasing and using the vehicles.
The Board is planning to match a $7500 tax incentive if the Volt is purchased on
the Board's program.
Ms. Christensen stated that the Board of Water & Light and other groups went to
Building Code Commission and asked them if they would consider changing the
code to allow for charging stations at home: They approved the request and got
a code change in a matter of 3 weeks, which usually takes 2 years. The new
code should be effective in January. This code change will eliminate about 30-
40% of cost for a resident.
The Board of Water & Light is starting to write a service agreement and
developing a'marketing plan to be launched in the Fall. The Volts are scheduled
to arrive in December.
General Manager Lark stated that the Board of Water & Light will be responding
to an RFP to serve MSU's proposed FRIB.
Regular Board Mtg.
September 28, 2010
Page 5 of 18
Amend Energy Optimization Filinq (Information Only)
General Manager Lark stated that we wanted a little more flexibility in our Energy
Optimization plan and under Act 295 we have to present notice to our Board and
we have to offer a public comment period.
Due to PSC's rules we have to get approval and permission for this amendment
and as long as it is reasonable and prudent it will be approved and the
amendment should be implemented by January 2011.
General Manager Lark stated that now that the Commissioners have been
informed, notice will be posted on our Web site and we will ask for comments
from our customers. After customer comment has closed, we will make a filing
with the Public Service Commission.
Other
General Manager Lark provided an update on the recent fire at the Eckert
Station. He stated that the fire destroyed the #1 cooling tower and did serious
damage to the #2 cooling tower. Cooling tower #2 should be up and running
within the next week or so.
General Manager Lark stated that there will be a Reo Town social event from
4:00-7:00 p.m. on September 16, 2010 to answer any questions and inform
residents about the new cogeneration plant.
At the request of the General Manager, Susan Devon, Project Manager of the
Reo Town Plant, provided the following updates:
-On August 4, 2010 Ms. Devon, Mr. Stojic and Mr. Peffley attended the City of
Lansing's Planning Board meeting. After presenting the Planning Board with a
video and detailing the various uses of the buildings and the proposed
technology of the heat and power plant to be built, the Planning Board took a
vote and agreed that the proposed designated land use was H-Light Industrial.
-On August 4, 2010 the Board of Water & Light published the Bond notice in the
City Pulse and the referendum period is running.
-On Friday July 23, 2010, Mr. Stojic, Executive Director of Strategic Planning and
his environmental group made a filling with the Department of Natural Resources
and Environment (DNRE) for the Air permit for the new plant. The goal is to get a
ruling from DNRE by the end of the year.
Regular Board Mtg.
September 28, 2010
Page 6 of 18
-On Friday August 6, 2010 the Board of Water & Light issued a Request for
Proposal (RFP) for an owner's representative that will work with the Board on the
building of the plant. The owner's representative will work with the Board's
project team. The owners representative will help prepare all other RFP's which
include architect firm, engineering firm, designing firm and construction firm.
Commissioner Louney thanked the staff for a great picnic and great camaraderie.
Excused Absence
Adjourn
Respectfully submitted
Dennis Louney, Chair
Committee of the Whole
FINANCE COMMITTEE
September 14, 2010
The Finance Committee of the Board of Water and Light met at the Executive
Offices, Lansing beginning at 6:00 p.m. on Tuesday, September 14, 2010.
Absent: None.
Public Comments
Approval of Minutes
Douglas Rober, Managing Partner with Plante & Moran (P&M) stated that P&M
was appreciative of the opportunity to be of service to the Board of Water & Light.
Mr. Rober introduced Shaun Krick, CPA Associate and Shaun Tanner, CPA of
P&M.
Shaun Krick, CPA Associate with P&M, reviewed the audit process of the
financial statements of the Enterprise. Fund and Pension Fiduciary Funds of the
Board of Water and Light (BWL) for fiscal year ending 2010. Mr. Krick stated that
there were no significant difficulties with management and there were no
corrected or uncorrected misstatement and there. were no other significant
findings during the audit. In addition to the Audit Reports also provided were:
Shaun Krick, CPA Associate with Plante Moran stated that revenues were just
under $274 million in the current year compared to last year at about $262
million. This is an increase of about 4.5% and the electric utility is responsible for
that increase. Electric remains the largest utility generating the most revenue
and it had an increase of approximately 5.5% for $12 Million over the last year.
There was an increase in demand and there were 209 more kilowatt hours sold
and two different rate increases that had an effect in this year.
Mr. Krick stated that Operating Expenses were just under $260 Million in the
current year which is less than 1% increase over the prior year. The largest
portion of total expenses is related to Production.
Mr. Krick stated both electric and chilled water have been operating at a slight
profit. Steam has lost several customers over the last few years attributing to the
loss.
Mr. Krick stated that of the 3.2 Billion kilowatt hours sold, 1/3 were sold for Re-
Sale or to MPPA and the remaining 2/3 were sold to retail customers. This is
consistent with operations of the past several years.
Mr. Krick stated that there was approximately $116 Million in power costs.
Regular Board Mtg.
September 28, 2010
Page 8 of 18
Bond Debt Service Requirements Year Ended June 30
Mr. Krick stated that this particular graph looks at debt service requirements on
bonds that the Board of Water & Light has issued for the current year and the
next five years barring any changes. The Co-Generation Plant is projected at a
$182 million project and the finance portion of that will have a direct impact on
future numbers.
Shaun Tanner, CPA reviewed the management letter comments that Plante &
Moran felt were noteworthy. He said as part of their audit they are required to
paint an understanding of the accounting procedures and controls that are in
place for the financial reporting process. He stated that they use the
understanding to tailor their auditing approach and then focus on testing areas. of.
higher risk for material misstatements due to deficiencies in procedures and
controls surround the reporting and accounting process. Mr. Tanner stated that
they did not find any areas where significant lack of necessary controls existed.
However there were a couple of areas that he felt current control procedures
could be strengthened and those' comments are included in the management
comment letters.
A complete copy of the Plant Moran's Presentation to the Finance Committee regarding
the Audited Financial Statements & findings is on file in the Corporate Secretary's office.
General Manager Lark stated the resolution before the Board is the last of the
series of investment policies. He stated that in the past the DB, VEBA and Cash
Policies have all been updated and this resolution will allow the Defined
Contribution Plan to be updated as well. By updating this policy it will make
everything more concise.
Internal Auditor Phil perkins presented a brief overview of the Risk Investment
activities that he has been involved in over the last few months. Mr. Perkins also
reviewed the Internal Auditors plans for the remainder of fiscal year 2011.
Finance Chair Bossenbery stated regarding the upcoming NAACP Dinner, the
Board of Commissioners will purchase a 1/2 page Advertisement and a table of 8
for the Commissioners, any additional tickets will cost $50.00.
Respectfully submitted
Margaret Bossenbery, Chair
Finance Committee.
The Committee of the Whole of the Lansing Board of Water and Light met at the
Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, September 14,
2010.
Committee of the Whole Chair Louney called the meeting to order and asked the
Corporate Secretary to call the roll.
Absent: None
Public Comments
Approval of Minutes
Other
General Manager Lark said that he participated in the State Capital roll out of the
Chevrolet Volt along with the Governor and the Mayor.
Kellee Christensen, stated that the Board of Water & Light's web page has a link
that provides information and highlights of our program.
For residential customers there is a federal tax incentive for up to $7500.00 and
the Board of Water & Light is also offering a $7500.00 incentive. Attached to
being a recipient of the incentive there is a 3 year commitment of gathering and
logging information. This allows for the collection of research and data off the
charging stations. Board of Water & Light has an agreement with GM that allows
the use of non-proprietary data off of the Volt to see where and when charging
stations are being used in our service areas. Each car will be logoed on the back
quarter panel and on the rear of the car. Everyone who drives a Volt will be
provided educational information for distribution.
General Manager Lark stated that today he signed Purchase Power Agreements
with Traverse City Light and Power that will provide approximately 50 megawatts
of power to Traverse City annually. General Manager Lark introduced George
Stojic, Executive Director of Strategic Planning who provided an overview of the
agreements.
New Accounts
General Manager Lark stated that the BWL landed the development in Meridian
Township called Lodges, which is a Student Housing unit. Under the agreement
with the Lodges Board of Water & Light will provide electricity for both heating
and cooling.
As well as landing the Lodges contract, George Stojic stated that the Board of
Water & Light landed, the Peckham warehouse account.
Respectfully submitted
Dennis Louney, Chair
Committee of the Whole
Regular Board Mtg.
September 28, 2010
Page 11 of 18
. MINUTES . .
BOARD OF WATER AND LIGHT
PENSION FUND TRUSTEES' ANNUAL MEETING
Demographics
The Defined Benefit (DB) Plan was closed to new employees hired after
December 31, 1996. There are currently 471 retirees and beneficiaries, 13
terminated employees with vested benefits and 41 current employees in this plan
for a total of 525 Plan participants. There were 9 total retirees with DB benefits
during 2010.
The DB plan experienced a drop of 20 participants from the last year due to the
death of 15 retirees not having beneficiaries, and 5 new retirees in 2010 elected
to receive lump sum payments opposed to the ongoing benefits.
Fund Performance
Susan Devon, Assistant General Manager and Chief Financial Officer stated with
respect to the DB Fund Performance:
Ms. Devon stated that there was a major improvement in our fund investment
income. $9 million in earnings this year compared to a loss of $26 million last
year. This favorable change is due to a partial market recovery.
Plan assets after considering investment income, plan contributions and benefit
payments that were paid out were unchanged from 2009 at $73.3 million. With a
recent update the value has gone up to $76 million.
Based on our actuarial report the funded ration for the DB plan was 104% meaning
our assets exceed our liabilities by 4%, in 2009 the funded ration was 77%.
Investment Return:
Susan Devon, Assistant General Manager and Chief Financial Officer stated
regarding the investment returns for the 2010 fiscal year; the BWL earned an
11.9% overall return on invested funds in the DB plan. That does compare
somewhat unfavorably to our benchmark by about 1.4% lower than the 13.3%
benchmark return. The benchmark return is based upon the composite return of
several stock and bond indices over the 2010 fiscal year, and it is one of the
Regular Board Mtg.
September 28, 2010
Page 13 of 18
measures that we have that will tell us how we are doing in our individually
managed funds as compared to each benchmark.
Our top performing manager was MetWest Asset Management, one of our fixed
income managers, with a return of 18.6%, outperforming the benchmark return
by 9.1%.
Our worst performing manager was Edgewood Management, one of our large
cap growth managers, with a return of -3.2%, underperforming by 16.8%
compared to the benchmark return.
Ms. Devon said also in the DB Plan there are two private equity investments that
were made in the 1990's. The investments are called Capital Bidco and Access
Bidco and they were put together under the Michigan Bidco Act in 1991. The
Board of Water & Light invested $500,000 in each. The Capital Bidco did not do
very well and was written off some time ago.. Now they are trying to close off the
Capital Bidco Investment and we received a check from them for $12,600 as our
share of the investment cash that was still available. We returned that money to
the Pension Fund for reinvestment The Access Bidco is still an ongoing fund. In
January the fund hired a manager. We are going to sit this out for the next few
quarters and hopefully we will be able to report some improvements.
DefinedContribution:
Demographics
This plan was established in 1997 as a replacement for the Defined Benefit Plan.
At that time, 602 active employees elected to switch to the new DC plan,
resulting in a transfer of $75 million to the new plan.
There are currently 900 participants in the DC plan including 669 active
employees. While active participants range in age from under 35 to over 65 a
majority are between the ages of 46 and 55.
Fund Performance
Susan Devon, Assistant General Manager and Chief Financial Officer stated the
following regarding the DC Fund Performance:
While we determine what funds will be available for our employees to invest in,
they actually make the determination themselves as to which ones they want to
put their money in. In looking at all of our funds together our DC plan
participant's value of their assets increased to $115 million in FY 2010, it was
Regular Board Mtg.
September 28, 2010
Page 14 of 18
$102 million in 2009. There was also an increase in investment income going
from a loss of $18 million in 2009 to a gain of $12 million in 2010.
The BWL contributed $5.5 million to employee accounts during FY 2010 and that
is up from 5.2 million in FY 2009.
We are in the process of reviewing the DC plan fund lineup to potentially add
new investment options and delete duplicate funds and underperforming funds.
ICMA continues to spend a lot of time and effort in education and communication
for DC plan participants to help them make educated investing decisions. ICMA
has committed to weekly meetings either individual or group for the remainder of
this fiscal year.
Post-Retirement Plan
Demographics
At the end of February 2010 there were a total of 1,781 participants in the post
retirement benefit plan, of which 7.18 were active employees. This plan began
the year with 1,800 participants. The decrease in participation by 19 is due to
increases and decreases in participation.
There are 1,063 inactive participants comprised of 92 disabled, 434 retirees, 382
spouses, and 155 surviving spouses.
Fund Performance
Susan Devon, Assistant General Manager and Chief Financial Officer stated the
following regarding the Post Retirement Plan Fund Performance:
Consistent with the DB and DC plan investment income improved over 2009.
The Post-Retirement Plan had $6 million in investment income compared to the
$12 million loss last year.
Plan assets rose from $59.8 million at June 30, 2010 to $77.4 million for . a net
increase of $17.6 million. .
Regular Board Mtg.
September 28, 2010
Page 15 of 18
The funded ration for the post-retirement plan was 18% in 2009 and this year is
30%.
With respect to the VEBA Investment Return there was a 10.8% overall return on
invested funds in the DB plan. This return compares unfavorably at 2.7% lower
than the 13.5% benchmark return. We continue to watch the investments
closely.
General Manager Lark respectfully asks that the Board approve the proposed
resolution that will allow these documents to be filed with the Corporate
Secretary to be received and placed them on file.
RESOLUTION
Resolved, that the Corporate Secretary receive and place on file the Defined
Benefit, Defined Contribution, and Retiree Benefit Pension reports presented
during the Pension Trustee Meeting.
--------------------------
--------------------
Submitted by:
M. Denise Griffin
Corporate Secretary
Regular Board Mtg.
September 28, 2010
. Page 16 of 18
MANAGER'S RECOMMENDATIONS
--------------------
Staff Comments:
On November 23, 1971, the Lansing Board of Water and Light granted Rieth-
Riley Construction Co. Inc., an easement to build a rail spur on a portion of BWL
property in Delta Township, Eaton County, Michigan.
The purpose of this grant was so the BWL could finish construction on the
Erickson Plant. However, Rieth-Riley would now like a new easement for a more
specific and slightly larger area. This new easement would be for the specific
purpose of construction, operation, maintenance and improvement of the rail
spur; as illustrated in attachment A.
Staff recommends the easement grant in consideration of $17,000 per acre and
contingent upon mutually acceptable terms as•approved by the BWL's staff
attorney.
--------------------
WHEREAS, the Lansing Board of Water and Light desires to revise the Defined
Contribution Pension Plan Funding Investment Policy Statement.
RESOLVED, that the Lansing Board of Water and Light rescind the resolution
dated December 15, 2005 establishing the pre-existing Funding Policy
Statement, and
FURTHER RESOLVED, that the attached Investment Policy Statement for the
Lansing Board of Water and Light Employees' Defined Contribution Pension Plan
dated September 14, 2010 be adopted.
Regular Board Mtg.
September 28, 2010
Page 17 of 18
---------------------
RESOLUTION #2010-09-03
Resolved, that the Corporate Secretary received and placed on file the Defined
Benefit, Defined Contribution, and Retiree Benefit Pension reports presented
during the Pension Trustee Meeting.
MANAGER'S REMARKS
A check in the amount of $5,000 was presented to Mike Wall of the Sparrow
Foundation. Mr. Wall thanked the Board of Water & Light on behalf of the
Sparrow Foundation. Mr. Wall stated the Board of Water & Light is a great
organization to work with.
A check in the amount of $3,000 was presented to Lansing Police Chief Teresa
Szymanski for the H.O.P.E. Scholarship. Chief Szymanski thanked the Board of
Water & Light for the check on behalf of all of the children that this scholarship
will help. She thanked General Manager Lark and the Commissioners for being
supportive of the H.O.P.E. Scholarship program.
5K Awards
General Manager Lark presented Ivan Love, Executive Director of Capital Area
Community Services (CACS) with a check in the amount of $3,000.00, the
proceed from the 5K Walk that was held in August.
Ivan Love thanked the Board of Water & Light and General Manager Lark for the
"Pennies for Power" initiative that donates to their organization every year. He
stated that the money from this initiative is directed to paying utilities for low-
income families who are not able to pay their bill.
Other
General Manager Lark. also introduced and thanked Chad Taylor, Supervisor for
Customer Development and Projects, for his excellent work in competing against
Consumers Energy and landing the Lodges and Peckham Accounts.
COMMISSIONERS' REMARKS
PUBLIC COMMENTS ,
EXCUSED ABSENCE
ADJOURNMENT
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
Date: 12/02/2010
The first resolution authorizes the issuance of bonds for the City's Consolidated
Garage in the amount of $3.2 million. This project was approved in the 2010
budget, and has been reviewed by City Council at two previous meeting of the
Committee of the Whole.
The two additional resolutions authorize the refinancing of certain existing bonds.
Due to the current interest rate environment, refinancing these bonds may lower
our interest costs.
Inter-Departmental
Memorandum
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
A RESOLUTION TO APPROVE:
• Up to $3,200,000 of General Obligation Limited Tax Bonds for
consolidated garage and storage for City vehicles;
• Sell Bonds in one or more series as Recovery Zone Economic Development Bonds
or as tax exempt bonds or as Build America Bonds;
• Pledge of City full faith and credit for the payment of the Bonds;
• Appointment of underwriter;
• City Officials to sell bonds without further Council action;
• Rating application, official statement, and continuing disclosure;
• Other matters necessary to sell and deliver the Bonds.
CITY OF LANSING
2010 GENERAL OBLIGATION LIMITED TAX BOND
[(Taxable - Recovery Zone Economic Development Bonds)]
Registered Owner:
Principal Amount:
The CITY OF LANSING, Counties of Ingham and Eaton, State of Michigan (the
"City"), acknowledges itself to owe and for value received, hereby promises to pay to the
Registered Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Date of Maturity
specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon
(computed on the basis of a 360-day year consisting of twelve 30-day months) from the
Date of Original Issue specified above or such later date to which interest has been paid,
until paid, at the Interest Rate per annum specified above, first payable on May 1, 2011
and semiannually thereafter. Principal of this bond is payable upon presentation and
surrender hereof at the designated corporate trust office of
, Michigan, or such other transfer agent as the City may hereafter
designate by notice mailed to the registered owner of record not less than sixty (60) days
prior to any interest payment date (the "Transfer Agent"). Interest on this bond is
payable by check or draft mailed by the Transfer Agent to the person or entity who or
which is as of the fifteenth (15th) day of the month prior to each interest payment date,
the registered owner of record, at the registered address.
This bond is one of a series of bonds of even Date of Original Issue aggregating
the principal sum of $,000, issued for the purpose of paying costs to acquire,
construct, furnish and equip a consolidated garage and storage building(s) for City
vehicles including site preparation and improvement under and in pursuance of the
provisions of Act 34, Public Acts of Michigan, 2001, as amended, and a resolution of the
City Council adopted on , 2010.
The limited tax full faith, credit and resources of the City are pledged for the
payment of the bonds of this issue, and the City has pledged that it shall pay the principal
of and interest on the bonds of this issue as they mature as a first budget obligation from
its general fund and, after taking into account funds which the City may have legally
available for payment of principal of and interest on the bonds of this issue, shall levy
annually ad valorem taxes on all taxable property in the City sufficient to pay the
principal and interest on the bonds of this issue subject to applicable constitutional,
statutory and charter tax rate limitations.
Bonds of this issue maturing on or prior to May 1, 20_ are not subject to
redemption prior to maturity.
Bonds or portions of bonds in multiples of $5,000 of this issue maturing on or
after May 1, 20 shall be subject to redemption prior to maturity, at the option of the
City, in such order of maturity as the City shall determine and within any maturity by lot,
on any date on or after May 1, 20, at par and accrued interest to the date fixed for
redemption.
[MANDATORY REDEMPTION]
[Bonds of this issue maturing on May 1, and May 1, (the "Term
Bonds") are subject to mandatory sinking fund redemption by lot prior to maturity on
May 1, in the years and amounts set forth below, at a price equal to 100% of the principal
amount to be redeemed, plus accrued interest to the date of redemption.]
(Term Bonds due May 1, 20 Tenn Bonds due May 1, 20
Principal Principal
Redemption Dates Amounts Redemption Dates Amounts
May 1, 20 May 1, 20
May 1, 20_ May 1,20_
May 1, 20_ (maturity) May 1, 20_ (maturity)
[The principal amount of Teen Bonds to be redeemed on the dates set forth above
shall be reduced, in the order determined by the City, by the principal amount of Term
Bonds of the same maturity which have been previously redeemed (other than as a result
of a previous mandatory redemption requirement), or purchased or acquired by the City
and delivered to the Transfer Agent for cancellation; provided, that each such Tenn Bond
has not previously been applied as a credit against any mandatory redemption obligation.]
In case less than the full amount of an outstanding bond is called for redemption,
the Transfer Agent upon presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner of record a new bond of the
same maturity and in the principal amount of the portion of the original bond not called
for redemption.
Notice of redemption shall be given to each registered owner of bonds or portions
thereof to be redeemed by mailing such notice not less than thirty (30) days [and not
more than sixty (60) days] prior to the date fixed for redemption to the registered owner
of record at the address of the registered owner as shown on the registration books of the
City kept by the Transfer Agent. Bonds shall be called for redemption in multiples of
$5,000, and bonds of denominations of more than $5,000 shall be treated as representing
the number of bonds obtained by dividing the denomination of the bonds by $5,000, and
such bonds may be redeemed in part. The notice of redemption for bonds redeemed in
part shall state that, upon surrender of the bond to be redeemed, a new bond or bonds in
the same aggregate principal amount equal to the unredeemed portion of the bonds
surrendered shall be issued to the registered owner thereof with the same interest rate and
maturity. No further interest on bonds or portions of bonds called for redemption shall
accrue after the date fixed for redemption, whether the bonds have been presented for
redemption or not, provided funds are on hand with the Transfer Agent to redeem the
bonds or portion thereof.
Any bond may be transferred by the person in whose name it is registered, in
person or by the Registered Owner's duly authorized attorney or legal representative,
upon surrender of the bond to the Transfer Agent for cancellation, together with a duly
executed written instrument of transfer in a form approved by the Transfer Agent.
Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and
deliver a new bond or bonds, in like aggregate principal amount, interest rate and
maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay
any tax or other governmental charge required to be paid with respect to the transfer.
[The Transfer Agent shall not be required to issue, register the transfer of, or exchange
any bond during a period beginning at the opening of business 15 days before the day of
the mailing of a notice of redemption of bonds selected for redemption and ending at the
close of business on the day of that mailing.]
It is hereby certified and recited that all acts, conditions and things required by
law to be done, exist and happen, precedent to and in the issuance of this bond and the
series of bonds of which this is one, in order to make them valid and binding obligations
of the City have been done, exist and have happened in regular and due form and time as
provided by law, and that the total indebtedness of the City, including this bond and the
series of bonds of which this is one, does not exceed any constitutional, statutory or
charter debt limitation.
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the City, by its City Council, has caused this bond to
be signed in the name of the City by [the facsimile signatures of] its Mayor and Clerk,
and a facsimile of its corporate seal to be [manually impressed/printed] hereon, all as of
the Date of Original Issue.
CITY. OF LANSING
[manual or facsimile
By signature to appear here 1
(Seal) Mayor
Countersigned:
[manual or facsimile
By signature to appear here 1
City Clerk
CERTIFICATE OF AUTHENTICATION
Transfer Agent
By
Its Authorized Representative
Date of Authentication:
City Clerk
18,578,306.2\050796-00054
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
The attached correspondence is forwarded for your review and appropriate action.
VB/.rh
Attachment
Date: 12/02/2010
The first resolution authorizes the issuance of bonds for the City's Consolidated
Garage in the amount of $3.2 million. This project was approved in the 2010
budget, and has been reviewed by City Council at two previous meeting of the
Committee of the Whole.
The two additional resolutions authorize the refinancing of certain existing bonds.
Due to the current interest rate environment, refinancing these bonds may lower
our interest costs.
Inter-Departmental
Memorandum
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
A RESOLUTION TO APPROVE:
• Net Present Value Savings through bonds to refund the 2001 Unlimited Tax
General Obligation Bonds;
• Continued levy of taxes for bond payments as authorized by voters on
August 4, 1998;
• Escrow Fund to provide for payment of bonds being refunded;
• Appointment of underwriter or authorization of private placement;
• City Officials to sell bonds without further Council action;
• Rating application, official statement, and continuing disclosure;
• Other matters necessary to sell and deliver the bonds.
WHEREAS, the City of Lansing (the "City") as previously issued its 2001
Unlimited Tax General Obligation Bonds dated as of May 1, 2001 (the "Prior Bonds") as
the second series of bonds authorized at an election held August 4, 1998 for the purposes
of acquiring, constructing, improving, renovating, furnishing, and equipping various new
and existing facilities for use by the City's Fire Department and acquiring and improving .
the necessary sites therefor; and
WHEREAS, Stauder, Barch & Associates, Inc. (the "Financial Consultant"), has
advised the City that it may be able to accomplish a net savings of debt service costs by
refunding a portion of the outstanding Prior Bonds through the issuance of refunding
bonds; and
WHEREAS, Act 34 permits the City to issue refunding bonds for the purpose of
refunding all or part of the funded indebtedness of the City if the refunding would result
in net present value savings; and
WHEREAS, the City has received a proposal from Robert W. Baird & Co. to act
as managing underwriter for the Bonds at a negotiated sale, and a proposal from PNC
Bank to purchase the Bonds by private placement; and
WHEREAS, Act 34 permits the City to authorize, within limitations which shall
be contained in the authorization resolution of the governing body, an officer to sell and
deliver and receive payment for obligations, approve interest rates or methods for fixing
interest rates, prices, discounts, maturities, principal amounts, denominations, dates of
issuance, interest payment dates, redemption rights, the place of delivery and payment,
and other matters and procedures necessary to complete the transactions authorized; and
WHEREAS, the City Council wishes to authorize either the Finance Director or
the Budget Director (either, an "Authorized Officer") to sell and deliver and receive
payment for the proposed issue of bonds without the necessity of the City Council taking
further action prior to sale and delivery of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. If, upon the advice of the Financial Consultant, refunding all or a portion
of the Prior Bonds would accomplish a net savings of debt service costs in at least the
amount provided in this Resolution, then Bonds of the City designated as the 2010
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS (the "Bonds")
shall be issued in the aggregate principal amount of not to exceed Two Million Six
Hundred Thousand ($2,600,000) for the purpose of refunding all or a portion of the Prior
Bonds including payment of legal, financial and other expenses incident thereto. If the
Bonds are sold or delivered after December 31, 2010 then the Authorized Officer may
change the word "2010" in the designated name of the Bonds to the year in which the
Bonds will be sold or delivered.
The Bonds shall consist of bonds in fully-registered form of the denomination of
$5,000, or integral multiples thereof not exceeding for each maturity the maximum
principal amount of that maturity, numbered as determined by the Transfer Agent (as
hereinafter defined), dated as of the date of delivery thereof or such other date as may be
determined by the Authorized Officer at the time of sale of the Bonds, and numbered as
determined by the Transfer Agent. The Bonds shall mature as serial bonds or term bonds
on the dates and in the amounts as shall be determined by the Authorized Officer at the
time of sale of the Bonds.
The Authorized Officer is hereby authorized to appoint a bond registrar, paying
agent and transfer agent (the "Transfer Agent") for the Bonds. ' The Authorized Officer is
hereby authorized to execute one or more agreements with the Transfer Agent on behalf
of the City. The City reserves the right to replace the Transfer Agent at any time,
provided written notice of such replacement is given to the registered owners of record of
the Bonds not less than sixty (60) days prior to an interest payment date.
The Bonds may be issued in book-entry only form through The Depository Trust
Company in New York, New York ("DTC") and the Authorized Officer is authorized to
execute such custodial or other agreement with DTC as may be necessary to accomplish
the issuance of the Bonds in book-entry only form, and to make such changes in the form
of the Bonds within the parameters of this Resolution as may be required to accomplish
the foregoing.
The Bonds shall bear interest at a rate or rates to be determined by the Authorized
Officer at the time of sale of the Bonds, payable on May 1, 2011 or such other initial
interest payment date as shall be determined at the time of sale of the Bonds, and
semi-annually thereafter on May 1st and November 1st of each year, by check or draft
drawn on the Transfer Agent mailed to the registered owner at the registered address, as
shown on the registration books of the City maintained by the Transfer Agent. Interest
shall be payable to the registered owner of record as of the fifteenth day of the month
prior to the payment date for each interest payment. The record date of determination of
the registered owner for purposes of payment of interest as provided in this paragraph
may be changed by the City to conform to market practice in the future. The principal of
the Bonds shall be payable at the corporate trust office of the Transfer Agent upon
presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the
Bonds are held in book-entry form by DTC, payment shall be made in the manner
prescribed by DTC.
The Bonds may be subject to redemption prior to maturity at the times and prices
determined by the Authorized Officer at the time of sale. In the event that any of the
Refunding Bonds shall be issued as term bonds, the mandatory redemption requirements
for such term bonds shall be specified at the time of sale. Unless waived by any
registered owner of bonds to be redeemed, official notice of redemption shall be given by
the Transfer Agent on behalf of the City and shall conform to the requirements set forth
in the Bond. Such notice shall be dated and shall contain at a minimum the following
information: original issue date; maturity dates; interest rates; CUSIP numbers, if any;
certificate numbers (and in the case of partial redemption) the called amounts of each
certificate; the redemption date; the redemption price or premium; the place where bonds
called for redemption are to be surrendered for payment; and that interest on bonds or
portions thereof called for redemption shall cease to accrue from and after the redemption
date. In addition, further notice shall be given by the Transfer Agent in such manner as
may be required or suggested by regulations or market practice at the applicable time, but
no defect in such further notice nor any failure to give all or any portion of such further
notice shall in any manner defeat the effectiveness of a call for redemption if notice
thereof is given as prescribed herein.
The Transfer Agent shall keep the books of registration for this issue on behalf of
the City. Any Bond may be transferred upon such registration books by the registered
owner of record, in person or by the registered owner's duly authorized attorney, upon
surrender of the Bond for cancellation, accompanied by delivery of a duly executed
written instrument of transfer in a form approved by the Transfer Agent. Whenever any
Bond or Bonds shall be surrendered for transfer, the City shall execute and the Transfer
Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount. The Transfer Agent shall require the payment by the bondholder requesting the
transfer of any tax or other governmental charge required to be paid with respect to the
transfer.
2. The Bonds shall be executed in the name of the City with the manual or
facsimile signatures of the Mayor and the City Clerk, and the corporate seal of the City
shall be manually impressed or a facsimile thereof shall be printed on the Bonds. No
Bond authorized under this Resolution shall be valid until authenticated by an authorized
representative of the Transfer Agent. If Bonds are not issued in book-entry form then
executed blank bonds for registration and issuance to transferees may simultaneously,
and from time to time thereafter as necessary, be delivered to the Transfer Agent for
safekeeping. The Bonds shall be delivered to the Transfer Agent for authentication and
be delivered by the Transfer Agent to the purchaser or other person in accordance with
instructions from the Authorized Officer upon payment of the purchase price for the
Bonds in accordance with the bond purchase agreement for the Bonds.
3. The Bonds shall be in substantially the following form with such
revisions, additions and deletions as may be advisable or necessary to conform with the
final terms of the Bonds established upon sale thereof:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTIES OF INGHAM AND EATON
CITY OF LANSING
20 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BOND
Registered Owner:
Principal Amount:
The CITY OF LANSING, Counties of Ingham and Eaton, State of Michigan (the
"City"), acknowledges itself to owe and for value received, hereby promises to pay to the
Registered Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Date of Maturity
specified above, with interest thereon (computed on the basis of a 360-day year
consisting of twelve 30-day months) from the Date of Original Issue specified above or
such later date to which interest has been paid, until paid, at the Interest Rate per annum
specified above, first payable on May 1, 2011 and semiannually thereafter. Principal of
this bond is payable upon presentation and surrender hereof at the designated corporate
trust office of , , Michigan, or such other
transfer agent as the City may hereafter designate by notice mailed to the registered
owner of record not less than sixty (60) days prior to any interest payment date (the
"Transfer Agent"). Interest on this bond is payable by check or draft mailed by the
Transfer Agent to the person or entity who or which is as of the fifteenth (15th) day of the
month prior to each interest payment date, the registered owner of record, at the
registered address. For prompt payment of this bond, both principal and interest, the full
faith, credit and resources of the City are hereby irrevocably pledged.
This bond is one of a series of bonds of even Date of Original Issue, aggregating
the principal sum of $ for the purpose of refunding bonds previously issued by
the City. This bond was issued under and in pursuance of the provisions of Act 34,
Public Acts of Michigan, 2001, as amended, and a resolution of the City Council adopted
on
This bond and the interest hereon are payable out of the City's Debt Retirement
Fund for this issue and in order to make such payment, the City is obligated each year to
levy sufficient taxes on all taxable property within the boundaries of the City, without
limitation as to either rate or amount
Bonds of this issue are not subject to redemption prior to maturity.
Any bond may be transferred by the person in whose name it is registered, in
person or by the Registered Owner's duly authorized attorney or legal representative,
upon surrender of the bond to the Transfer Agent for cancellation, together with a duly
executed written instrument of transfer in a form approved by the Transfer Agent.
Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and
deliver a new bond or bonds, in like aggregate principal amount, interest rate and
maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay
any tax or other governmental charge required to be paid with respect to the transfer.
It is hereby certified and recited that all acts, conditions and things required by
law to be done, exist and happen, precedent to and in the issuance of this bond and the
series of bonds of which this is one, in order to make them valid and binding obligations
of the City have been done, exist and have happened in regular and due form and time as
provided by law, and that the total indebtedness of the City, including this bond and the
series of bonds of which this is one, does not exceed any constitutional, statutory, or
charter debt limitation.
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the City, by its City Council, has caused this bond to
be signed in the name of the City by [the facsimile signatures of] its Mayor and Clerk,
and a facsimile of its corporate seal to be [manually impressed/printed] hereon, all as of
the Date of Original Issue.
CITY OF LANSING
[manual or facsimile
By signature to appear here
(Seal) Mayor
Countersigned:
[manual or facsimile
By signature to appear here 1
City Clerk
CERTIFICATE OF AUTHENTICATION
Transfer Agent
By
Its Authorized Representative
Date of Authentication:
I further certify that the following Members were present at said meeting:
City Clerk
18,578,346.3\050796-00054
1.6 -ii-i
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
Date: 12/02/2010
The first resolution authorizes the issuance of bonds for the City's Consolidated
Garage in the amount of $3.2 million. This project was approved in the 2010
budget, and has been reviewed by City Council at two previous meeting of the
Committee of the Whole.
The two additional resolutions authorize the refinancing of certain existing bonds.
Due to the current interest rate environment, refinancing these bonds may lower
our interest costs.
Inter-Departmental
Memorandum
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
CITY OF LANSING
SEWAGE DISPOSAL SYSTEM
REVENUE REFUNDING BONDS, SERIES 20_
Registered Owner:
Principal Amount:
The CITY OF LANSING, Counties of Ingham and Eaton, State of Michigan (the
"City"), acknowledges itself to owe and for value received, hereby promises to pay,
solely and only out of the hereinafter described Net Revenues of the Sewage Disposal
System of the City (the "System") to the Registered Owner specified above, or registered
assigns, the Principal Amount specified above, in lawful money of the United States of
America, on the Date of Maturity specified above, with interest thereon (computed on the
basis of a 360-day year consisting of twelve 30-day months) from the Date of Original
Issue specified above or such later date to which interest has been paid, until paid, at the
Interest Rate per annum specified above, first payable on 1, 20 and
semiannually thereafter. Principal of this bond is payable upon presentation and
surrender hereof at the designated corporate trust office of
, Michigan, or such other transfer agent as the
City may hereafter designate by notice mailed to the registered owner of record not less
than sixty (60) days prior to any interest payment date (the "Transfer Agent"). Interest on
this bond is payable to the registered owner of record as of the fifteenth (15th) day of the
month preceding the interest payment date as shown on the registration books of the City
kept by the Transfer Agent by check or draft mailed by the Transfer Agent to the
registered owner of record at the registered address. For the prompt payment thereof, the
revenues of the System, including all appurtenances, extensions and improvements
thereto, after provision has been made for reasonable and necessary expenses of
operation, maintenance and administration, are irrevocably pledged and a statutory first
lien thereon is hereby created. This bond and the series of which it is one are of equal
standing and priority of lien as the net revenues of the System with [the City's
outstanding Sewage Disposal System Revenue and Revenue Refunding Bonds, Series
1998, dated September 30, 1998, and] Sewage Disposal System Revenue and Revenue
Refunding Bonds, Series 2003, dated December 18, 2003
This bond is one of a series of bonds aggregating the principal sum of
$ , issued pursuant to Ordinance No. 29-A, as amended and supplemented
by Ordinances No. 30-A, 31-A, 35-A, 838, 873, 993 and No. 0544, and Ordinance No.
duly adopted by the City Council of the City, and under and in full compliance with
the Constitution and statutes of the State of Michigan, including specifically Act 94,
Public Acts of Michigan, 1933, as amended, for the purpose of refunding certain
outstanding sewage disposal system revenue bonds of the City.
For a complete statement of the revenues from which and the conditions under
which this bond is payable, a statement of the conditions under which additional bonds of
equal standing as to the Net Revenues of the System may hereafter be issued and the
general covenants and provisions pursuant to which this bond is issued, reference is made
to the above-described Ordinances. Copies of the Ordinances are on file at the office of
the City Clerk and reference is made to the Ordinances and any and all supplements
thereto and modifications and amendments thereof, if any, and to Act 94 for a more
complete description of the pledges and covenants securing the bonds, the nature, extent
and manner of enforcement of such pledges, the rights and remedies of the registered
owners of the bonds with respect thereto and the terms and conditions upon which the
bonds are issued and may be issued thereunder. To the extent and in the manner
peimitted by the terms of the Ordinances, the provisions of the Ordinances or any
resolution or agreement amendatory thereof or supplemental thereto, may be modified or
amended by the City, except in specified cases, only with the written consent of the
registered owners of at least fifty-one percent (51%) of the principal amount of the bonds
then outstanding.
Bonds of this issue are not subject to redemption prior to maturity.
This bond is transferable only by the registered owner of record in person, or by
the registered owner's attorney duly authorized in writing, upon the registration books of
the City kept by the Transfer Agent. Upon the surrender of this bond together with a
written instrument of transfer satisfactory to the Transfer Agent duly executed by the
registered owner or the registered owner's attorney duly authorized in writing, a new
registered bond or bonds in the same aggregate principal amount and of the same
maturity shall be issued to the transferee in exchange therefor as provided in the
Ordinances authorizing this bond and upon the payment of the charges, if any, therein
prescribed.
THIS BOND IS A SELF-LIQUIDATING BOND AND IS NOT A GENERAL
OBLIGATION OF THE CITY AND DOES NOT CONSTITUTE AN INDEBTEDNESS
OF THE CITY WITHIN ANY CONSTITUTIONAL, STATUTORY OR CHARTER
LIMITATION, AND IS PAYABLE BOTH AS TO PRINCIPAL AND INTEREST,
SOLELY FROM THE NET REVENUES OF THE SYSTEM AND CERTAIN FUNDS
AND ACCOUNTS ESTABLISHED UNDER THE ORDINANCES. THE PRINCIPAL
AND INTEREST ON THIS BOND ARE SECURED BY THE STATUTORY FIRST
LIEN HEREINBEFORE DESCRIBED.
The City has covenanted and agreed to fix and maintain at all times while any of
such bonds shall be outstanding, such rates for service furnished by the System as shall
be sufficient to provide for payment of the interest upon and the principal of all bonds
payable from the Net Revenues of the System as and when the same become due and
payable, and to maintain a bond and interest redemption fund (including a bond reserve
account) therefor, to provide for the payment of expenses of administration and operation
and such expenses for maintenance of the System as are necessary to preserve the same
in good repair and working order, and to provide for such other expenditures and funds
for the System as are required by said Ordinances.
It is hereby certified and recited that all acts, conditions and things required by
law to be done precedent to and in the issuance of this bond and the series of bonds of
which this is one have been done and perfonned in regular and due time and form as
required by law.
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent
IN WITNESS WHEREOF, the City, by its City Council, has caused this bond to
be signed in the name of the City by [the facsimile signatures of] its Mayor and Clerk,
and a facsimile of its corporate seal shall be [manually impressed/printed] hereon, all as
of the Date of Original Issue.
CITY OF LANSING
[manual or facsimile
By signature to appear here ]
Mayor
(Seal)
Countersigned:
[manual or facsimile
By signature to appear here ]
City Clerk
Date of Registration:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described in
the within-mentioned ordinance.
Transfer Agent
By
Authorized Signature
Signed:
Signed:
City Clerk
I hereby certify that the foregoing is a true and complete copy of an Ordinance
adopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, State
of Michigan, at a Regular meeting held on December 6, 2010 at 7:00 p.m., prevailing
Eastern Time, and that said meeting was conducted and public notice of said meeting was
given pursuant to and in full compliance with the Open Meetings Act, being Act 267,
Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act 267.
I further certify that the following City Council members were present at said
meeting:
and that the following City Council members
were absent:
I further certify that City Council member moved
adoption of said Ordinance, and that said motion was supported by City Council member
I further certify that the following City Council members voted for adoption of
said Ordinance
and that the following City Council
members voted against adoption of said Ordinance
I further certify that said Ordinance has been recorded in the Ordinance Book and
that such recording has been authenticated by the signatures of the President of the City
Council and the City Clerk.
City Clerk
18,582,647.3\050796-00054
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W._ Michigan Avenue ,
Lansing; Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
December 1, 2010
As required by the Purchasing Ordinance, Section 206.04 (a) & (b), " Emergency
Procurement", and following the requirements of Section 206.03 "Open Market
Procedures", please find attached the back-up documentation for an emergency
procurement as relates to the repair and replacement of a failed 12" storm sewer and of
repair to steam line pier supports as was caused by the sewer failure.
Please have the Mayor file this document with the City Clerk and . City Council as the full
written report of the circumstances surrounding this emergency purchase as is required by
the referenced ordinance.
MEMORANDUM
For the project referenced above, Public Service Dept. is requesting issuance of a purchase
order (PO) consistent with the emergency procurement provisions outlined in City Ordinance,
Title 2, Chapter 206.04. This construction project is considered to qualify as emergency work
under the ordinance for the following reason(s).
The 12" storm sewer that has historically served this park facility had failed (i.e., come apart) at
a location approximately thirty (30) feet "upstream" of the outfall on the Grand River. The failure
of this storm sewer has caused substantial stream bank erosion in direct proximity to a large
diameter steam heat transmission pipeline from the BWL's Eckert Station (this pipeline is a main
supplier of steam heat for the downtown area). Of crucial importance is the fact that one of the
pier support caissons for this steam line is approximately 15 feet south of the storm sewer
outfall, and, accordingly, there is significant concern that the erosion at this site will undermine
this pier support caisson resulting in displacement and possible failure of the steam pipeline. In
fact, having recognized the urgency of this matter, the BWL has provided a PO in the amount of
$10,000.00 to assist in funding this construction (total cost indicated below). Therefore, this
construction project does constitute emergency work under the ordinance.
Of note, four competitive quotes for construction ofthis emergency project were solicited and
received. Of course, the low-bid amount and associated contractor will be used for construction
of this project, if deemed to be meeting the City's requirements. In addition to funding
construction, it is necessary to process a PO for the construction engineering services needed
on the project. FTCH, a Lansing-based firm, is to be used for this effort.
The account that will be used to fund the project is: #101-453615-746000-00000 (Storm Sewer
Repair & Maintenance). The associated PO amounts are as follows:
• Construction $45,363.75
• Construction Engineering $8,750.00
Requisitions for these POs have been entered into the IFAS system consistent with the above.
Please issue these POs as soon as possible and no later than December 1, 2010. If you have
any questions, please contact me at ext. 4459. Thank you.
Cooley Gardens / Scott Park Emergency Storm Sewer Rehabilitation
November 29, 2010
Page 2
IL/I/10
Approved:
Chad A. Gamble, P.E. date
Director of Public Service
STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
JENNIFER M. GRANHOLM DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH NIDA R. SAMONA
GOVERNOR ANDREW S. LEVIN, ACTING DIRECTOR HtIRPERSON
DW
Dear Applicant/Licensee:
This is with reference to your request for extension of time beyond the five (5) year
period for the 2009 Specially Designated Merchant license with Drive In Window (with
alcoholic beverage sales) issued at 1300 N. Grand River, Lansing, MI 48906, Ingham
County, which was denied on July 14, 2010.
Upon written request, a formal hearing was held on September 21, 2010, at the
Commission offices in Lansing.
Attached is a copy of the order that was issued on November 9, 2010, affirming the
Commission's previous order of denial.
skf
Enclosure
cc Lansing District Office w/encl:
Lansing Police Department w/encl: ;,
Lansing City Council w/encl:
Haris I. Sorovigas, Atty. w/encl:
Michigan Liquor Control Commission • P.O. BOX 30005 • LANSING, MICHIGAN 48909 • www.michigan.gov/Icc • (517) 322-1345
STATE OF MICHIGAN
The Michigan Liquor Control Commission, ("Commission"), has before it a request from
Drive Thru Mighty Mart Inc., ("applicant"), for an extension of time in which to renew the
2009 Specially Designated Merchant, ("SDM"), license with drive-thru window with the sale
of alcoholic beverages located at 1300 N. Grand River, Lansing, Ingham County.
Commission Rule 436.1107 as amended on March 24, 2004, provides as follows: "Rule 7.
(1) A license that is not in active operation shall be placed in escrow with the commission.
(2) A licensee shall have only 5 licensing years after the expiration date of the escrowed
license to put the license into active operation. If the licensee fails to put the license into
active operation within 5 years after its expiration, then all rights to the license shall
terminate unless the commission has received written verification of either of the following:
(a) That the license or an interest in the license is the subject of litigation or estate or
bankruptcy proceedings in a court of competent jurisdiction. (b) That the license was
placed into escrow as a result of damage to the licensed premises by fire, flood, tornado or
other natural event that makes the licensed premises unsuitable for the operation of the
business and unsafe for public accommodation. (3) If the commission extends the length
of time for which a licensee may renew the license during the pendency of litigation or
estate or bankruptcy proceedings or as a result of damage to the licensed premises for the
reasons as stated in subrule (2) of this rule, then the licensee shall pay the required license
fee for each elapsed licensing year before placing the license in active operation. (4)
Except as provided in subrule (3) of this rule, a license held in escrow with the commission
shall be renewed in the same manner as an active license, including payment of all
required license fees, each year by April 30. (5) A licensee who places a license in escrow
with the commission shall be responsible for providing the commission with current contact
information, in writing, for all correspondence, which includes the name, mailing address,
and telephone number. (6) Not later than 90 days after the effective date of this rule, the
commission shall provide or attempt to provide each licensee whose license is in escrow
with a copy of this rule. (7) A license that is held in escrow with the commission on the
effective date of this rule begins the 5-year period allowed by subrule (2) of this rule for a
license to be held in escrow on the effective date of this rule."
Commission records reflect that on May 14, 2004 the subject licensed business was closed
and the SDM license was submitted for escrow with no request by the applicant to
reactivate or transfer same.
Drive Thru Mighty Mart Inc. - Request ID# 263228
Page 2
omrnission records further reflect that on April 22;2010, the applicant submitted a
request to release the SDM license from escrow with plans to re-open the business on
April 30, 2010 and proof of liability insurance was submitted to the Commission. The
Commission's Enforcement Division then attempted to conduct a final inspection of the
subject premises and was unable to complete same due to incomplete construction and
was advised by the applicant that the delay in construction completion was due to health
issues of the contractor.
Commission records indicate that on June 8, 2010 a request was submitted by the
applicant for a 90-day extension of the escrow period beyond five (5) years with a letter
indicating the applicant is preparing to reopen the business.
At a meeting held on July 14, 2010, the Commission did not find that good cause has been .
shown to grant an extension beyond the five (5) year escrow period for the subject 2009
SDM license held by the applicant and denied same, ordering the license cancelled
effective May 1, 2010 pursuant to the provisions of Commission Rule 436.1107; supra.
A timely request for a hearing in this matter was received from legal counsel on behalf of
the applicant and such a hearing was held on September 21, 2010 at the Lansing office of
the Commission. Representing the applicant at the hearing was Attorney Sorovigas and
Michael Alexander, stockholder.
At the hearing, Attorney Sorovigas and Michael Alexander advised the Commission that
the applicant closed the business as it was not prospering; that two (2) family members
had health issues thereafter and same affected Mr. Alexander's personal life; that the
applicant began construction to remodel the licensed premises with plans of reopening in
April 2010 and construction delays prevented same; and that the applicant is requesting an
extension of 120 days in which to complete construction and reopen the business.
In arriving at its decision in this matter, the Commission takes into consideration the
representations made at the hearing held in this matter and the overall circumstances
attendant in this request.
Based upon such review, the Commission finds that the subject license held by the
applicant was submitted for escrow on May 10, 2004 after closing the business; and that
based upon the overall factors inherit in this request and thru statements made at the
hearing the Commission does not find that good cause has been demonstrated to grant a
further extension of time in which to place the license into active operation.
Thus, based upon the overall circumstances relative to this matter, the Commission
concludes that good cause has not been demonstrated in which to grant a further
extension beyond the five (5) year escrow period for the 2009 SDM license held by the
applicant at the subject location; and-that its order of July 14, 2010 should be upheld.
Drive Thru Mighty Mart Inc. - Request ID# 263228
Page 3
Therefore, it is the Order of the Commission that its order of July 14, 2010, BE AFFIRMED;
and that the 2009 SDM license with drive-thru window with the sale of alcoholic beverages
located at 1300 N. Grand River, Lansing, Ingham County, held by Drive Thru Mighty Mart
Inc. be cancelled effective May 1, 2010, pursuant to the provisions of Commission Rule
436.1107; supra.
tic