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REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN


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

AGENDA FOR DECEMBER 6, 2010

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


The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. on
Thursday, December 2, 2010, in accordance with Section 3-103(2) of the City Charter and
will be ready for your consideration at the regular meeting of the City Council on Monday,
December 6, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.
I. ROLL CALL

II. MEDITATION AND PLEDGE OF ALLEGIANCE

III. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

Approval of the Printed Council Proceedings of November 22, 2010


IV. CONSIDERATION OF LATE ITEMS (Suspension of Council Rule #9 is needed to
allow consideration of late items. Late items will be considered as part of the regular
portion of the meeting to which they relate.)
V. TABLED ITEMS (Tabled items, if removed from the table, will be considered as part
of the regular portion of the meeting to which they relate.)
VI. SPECIAL CEREMONIES

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

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


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

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

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


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

1
A. SCHEDULED PUBLIC HEARINGS

1. In consideration of Plant Rehabilitation District (PRD-01-01); Foresight


Property Investment LLC for property located at 2822 N. Martin Luther
King Jr. Blvd.
2. In consideration of Industrial Facilities Exemption Certificate (IFT-02-
10); Foresight Property Investment LLC for property located at 2822
N. Martin Luther King Jr. Blvd.
3. In consideration of an Ordinance of the City of Lansing to Amend
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
4. In consideration of 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
XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

B. CONSENT AGENDA

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. ORDINANCES FOR PASSAGE

1. BY THE COMMITTEE ON PUBLIC SAFETY


a. Adoption of 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
XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENT
RELATED MATTERS

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


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

a. Letters from the City Clerk:

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

a. Letter from the State of Michigan Liquor Control Commission


providing notice to Drive Thru Mighty Mart Inc. of the affirmation of a
previous denial of its 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
XVI. MOTION OF EXCUSED ABSENCE

XVII. REMARKS BY COUNCIL MEMBERS

XVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANT

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


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

3
XX. ADJOURNMENT

CHRIS SWOPE, CITY CLERK

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

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:

Applicant: Foresight Property Investment LLC

PRD Location: 2822 N. Martin Luther King Jr. Blvd, Lansing,


Michigan

PRD Legal Description:

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.

Creation of (PRD-01-10) as requested by Foresight Property Investment LLC, will


make certain property investment (real and personal property) within the District
eligible to be included in applications for tax abatements and/or exemptions.
Further information regarding this application may be obtained from Ken
Szymusiak, Economic Development Corporation of the City of Lansing, 401 S.
Washington Square, Ste. 100, Lansing, Michigan, 48933, (517) 485-5412.

Chris Swope, Lansing City Clerk


Application for Establishing a
\f .: [) Rehabilitation or Development District RECEIVED
Foresight Property Investment LLC
2822 N. Martin Luther King, Jr. Blvd . NOV © 8 2010
rr
-8. P :l 3. %,
MIME DRUNKEN 4J
PART I - GENERAL INFORMATION

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.

Foresight Property Investment LLC


Contact: Bill Christofferson, 517-749-0670

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.

4. Type of the property for which the exemption is being sought.


Real property only.

5. Ownership of property.

a. Building (s) owned ves . leased yes


b. If the property in (a) is leased, is the lessee liable for payment of ad valorem
taxes? No
a Machinery and equipment and furniture and fixtures ownedes
leased yes.
d. If property in (c) is leased is the lessee liable for ad valorem property taxes? Yes

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.

Foresight Group is classified as a manufacturing company via the Standard industrial .


Classification code, as they are processor of materials into finished print products.

Please provide a simple time schedule for commencement and completion of the various
stages of construction and installation of new machinery and equipment.

. Foresight Property Investment LLC, plans to commence building improvements in


November 2010 with completion in the spring of 2011.
9. Project cost (excluding land): Estimated

a. Land improvements $ N/A


b. Building improvements $ $450,000
c. Machinery and equipment $ N/A
d. Furniture and fixtures $ N/A

Total Project Cost $ $450,000

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

a. Total number of employees on project site prior to commencement 'of project.

The facility is currently vacant with no employment on site.

b. Project is expected to result in creation of 0 additional full time jobs at Foresight


Group within two years after completion of the facility.
c. Project is expected to result in retention of_ 30 existing jobs.

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

Needs are met by the current parking at the facility.

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.

PART II - ENVIRONMENTAL AND PUBLIC. SERVICE INFORMATION

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.

Foresight Property Investment LLC


Contact: Bill Christofferson, 517-749-0670

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.

a. Building (s) owned ves leased yes


b. If the property in (a) is leased, is the lessee liable for payment of ad valorem
taxes? No
c. Machinery and equipment and furniture and fixtures owned yes
leased yes.
d. If property in (c) is leased is the lessee liable for ad valorem property taxes? Yes

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.

Foresight Group is classified as a manufacturing company via the Standard industrial


Classification code, as they are processor of Materials into finished print products.

8. Please provide a simple time schedule for commencement and completion of the various
stages of construction and installation of new machinery and equipment.

Foresight Pr, operty Investment LLC, plans to commence building improvements in


November 2010 with completion in the spring of 2011.
9. Project cost (excluding land): Estimated

a. Land improvements $ N/A' .


b. Building improvements $ $450,000
c. Machinery and equipment $ N/A
d. Furniture and fixtures $ N/A

Total Project Cost $ $450,000

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

a. Total m„nber of employees on project site prior to commencement of project.

The facility is currently vacant with no employment on site.

b. Project is expected to result in creation of _0 additional full time jobs at Foresight


Group within two years after completion of the facility. .
c. Project is expected to result in retention of 50 existing jobs.

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

Needs are met by the current parking at the facility.

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.

PART II - ENVIRONMENTAL AND PUBLIC SERVICE INFORMATION

1. Describe changes in storage methods and/or capacity caused by the proposed


rehabilitation and/or new construction. .

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:

To afford an opportunity for all residents, taxpayers of the City of


Lansing, other interested persons and ad valorem taxing units to
appear and be heard on the approval of an Industrial Facilities
Exemption Certificate (IFT-02-10) requested by the applicant
indicated below:

Applicant: Foresight Property Investment LLC


Location: 2822 N. Martin Luther King Jr. Blvd.
Property Description: 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, 61.0.1 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:

Chris Swope, Lansing City Clerk


Michigan Department of Treasury
1012 (Rev. 3-07)
RECEIVED
Application for Industrial Facilities Tax Exemption Certificate
Issued under authority of P.A. 198 of 1974, as amended. Filing is mandatory. NOV 1 'r 20 tl
INSTRUCTIONS; File the original and two copies of this form and the required attachments (three complete sets with the clerk of the
local government unit, The State Tax Commission (STC) requires two complete sets (one original an z tLI"' )Jdlol$yrfir^etlli^i'ed
by the clerk. If you have any questions regarding the completion of this form or would like to request an informational packet, call (517)
373-3272.
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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

* Attach list of improvements and associated costs, Real Property'Costs -; -rTI


*Also attach a copy of building permit if project has already begun.
6b. Cost of machinery, equipment, furniture and fixtures ................................................................................................ r4
*Attach Itemized listin g with month , da y and y ear of be g innin g of installationp lus total costs Personal Property CoCfs
6c. Total Project Costs ..: : } $450,000.0Q_
:
* Round Costs to Nearest Dollar Total of Real 8& Personal Costs
7, Indicate the time schedule for start and finish of construction and equipment installation. Projects must be completed within a two year period of the effective date of the
certificate unless otherwise approved by the STC.
Begin Date (M/DM End Date (M/DM
Real Property Improvements h 12/1/1 0 12/30/10 - X Owned Leased

Personal Property Improvements h 1 Owned n Leased

). 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

APPLICANT CERTIFICATION - complete all boxes.


The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no Information contained
herein or in the attachments hereto is false In any way and that all are truly descriptive of the industrial property for which this application is being
submitted.
It Is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207,572, inclusive,
of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of the
requirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Industrial Facilities
Exemption Certificate by the State Tax Commission.
13a. Preparer Name 13b. Telephone Number 13c. Fax Number 13d. E-mail Address
Bill Christofferson (517) 485-5700 (517) 485-0202 billc@foresightgr.com
14a, Name of Contact Person 14b. Telephone Number 14c. Fax Number 14d. E-mail Address
Bill Christofferson (517) 485-5700 (517) 485-0202 bilic@foreslghtgr,com
It 15a. Name of Company Officer (No Authorized Agents)
Bill Christoffe^rsotT'
156. Sigrf•tuxe Company • (No Autho ' d Agents) 15c. Fax Number 15d. Date
` (517) 485-0202 f^ l6-/77
t+ 1 Mailing es^(Stria ty, Stale, ZIP Code) 15F. Telephone Number 15g. E-mail Address
619 E. Hazel St., =nsing, MI, 48912 (517) 703-2188 billc@foresightgr.com
LOCAL GOVERNMENT ACTION & CERTIFICATION -. complete all boxes.
This section must be completed by the clerk of the local governing unit before submitting application to the State Tax Commission. Check items on file
at the Local Unit and those included with the submittal.

} 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

General Project Description

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 petitioner has estimated the renovation costs at approximately $450,000.


Renovations are scheduled to be completed by Spring 2011. The renovation estimate
includes:

Demolition, HV A C Electrical. Plumbing, Carpentrv, etc. of below:


Landscaping $ 11,000
Exterior Facade / Roof Repairs $ 47,500
Interior Build-out I Remodel $ 155,000
HVAC $ 79.000 '
Plumbing/Sprinklers/Grey Water $46,500
Electrical/Lighting/Comm. $108,500
Plus architectural drawings, permits, etc.
CITY OF LANSING
NOTICE OF PUBLIC HEARING
AMENDMENTS TO THE PLANNING AND ZONING CODE

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.

Chris Swope, Lansing City Clerk


Wireless Communications Towers - Ordinance Amendments
Page 1
Draft # 3 October 18, 2010

1 ORDINANCE NO.

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND SECTION

3 1298.07 OF TITLE SIX, "ZONING," OF PART TWELVE, OF THE LANSING CODIFIED

4' ORDINANCES 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

7 TELECOMMUNICATIONS PROVIDER.

8 THE CITY OF LANSING ORDAINS:

9 Section 1. That Chapter 12, Section 1298.07of the Codified Ordinances of the City of

10 Lansing, Michigan be and is hereby amended as follows:

11 1298.07. Special land use permits.


12
13 (a) General. The following provisions shall govern the issuance of special

14 land use permits for towers or antennas by the Council following review

15 and recommendation by the Planning Board:

16 (1) If the tower or antenna is not a permitted use under Section

17 1298.05 of this chapter, then a special land use permit shall be

18 required for the construction of a tower or the placement of an

19 antenna in all zoning districts.

20 (2) Applications for special land use permits under this section shall be

21 subject to the procedures and requirements of Chapter 1282,

22 Special Land Use Permits, of the Zoning Code, except as modified

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

2 conditions to the extent the council concludes such conditions are

necessary to minimize any adverse effect of the proposed tower on

4 adjoining properties. In addition to any other conditions, council

5 may require an applicant to post with the city clerk cash, a certified

6 check, an irrevocable letter of credit issued by a bank, or a surety

bond in an amount sufficient to pay for the removal of the tower in

case the tower is abandoned as set forth in Section 1298.09. The

9 surety bond shall be open ended and shall be executed by the

10 applicant and a United States based corporate surety authorized to

do business in this state as a surety. Any surety bond or irrevocable

12 letter of credit shall be in a form approved by the City Attorney,

13 and shall be made payable to the City. In the event that an

14 abandoned tower is removed at the applicant's expense, the bond,

15 instrument of credit, cash deposit or certified check shall be

16 released to the applicant.

17 (4) Any information of an engineering nature that the applicant

18 submits, whether civil, mechanical, or electrical, shall be certified

19 by a licensed professional engineer.

20 (5) An applicant for a special land use. permit shall submit the

21 information described in this section, the information described in

22 fSection-1298.04, and, in addition to any other fee required by

23 law, a refundable fee as established by resolution of the Council to

2
Wireless Communications Towers - Ordinance Amendments
Page 3
Draft # 3 October 18, 2010

reimburse the City for the costs and expenses incurred in reviewing

2 the application. No application for a special land use permit shall

3 be considered by the Planning Board until all conditions required

4 in the resolution of council shall have been met.

5 (b) Towers.

6 (1) Information required. In addition to any information required for

applications for special land use permits pursuant to Chapter 1282,

8 Special Land Use Pennits, of the ZONING Code, applicants for a

9 special land use permit for a tower shall submit the following

10 information with the application or, with respect to OTHER

11 information deemed by the zoning administrator to be necessary to

12 assess compliance with this CHAPTER ordinance [chapter]

13 pursuant to subsection (i), as soon as reasonably practicable as

14 detellnined by the zoning administrator:

15 (i) A scaled site plan clearly indicating the location, type and

16 height of the proposed tower, on-site land uses and zoning,

17 adjacent land uses and zoning (including when adjacent to

18 other municipalities), comprehensive plan classification of

19 the site and all properties within the applicable separation

20 distances set forth in subsection 1298.07(b)(5), adjacent

21 roadways, proposed means of access, setbacks from

22 property lines, elevation drawings of the proposed tower

23 and any other structures, topography, parking, and other

3
Wireless Communications Towers - Ordinance Amendments
Page 4
Draft # 3 October 18, 2010

1 information deemed by the zoning administrator to be

2 necessary to assess compliance with this ordinance

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

7 nearest residential unit, platted residentially zoned

8 properties, and unplatted residentially zoned properties.

9 (iv) The separation distance from other towers described in the

10 inventory of existing sites submitted pursuant to subsection

11 1298.04(c) shall be shown on an updated site plan or map.

12 The applicant shall also identify the type of construction of

13 the existing tower(s) and the owner/operator of the existing

14 tower(s), if known.

15 (v) A landscape plan showing specific landscape materials.

16 (vi) Method of fencing, and finished color and, if applicable,

17 the method of camouflage and illumination.

18 (vii) A description of compliance with subsections 1298.04(c),

19 (d), (e), (f), (g), (k), and (1), 1298.07(b)(4), 1298.07(b)(5)

20 and all applicable federal, state or local laws.

21 (viii) A notarized statement by the applicant as to whether

22 construction of the tower will accommodate collocation of

23 additional antennas for future users.

4
Wireless Communications Towers - Ordinance Amendments
Page 5
Draft # 3 October 18, 2010

1 (ix), Reserved. EVIDENCE AT THE TIME OF

2 APPLICATION OF A LEASE OR AN OPTION TO

3 LEASE BY A TELECOMMUNICATIONS PROVIDER

4 WITH THE OWNER OF THE PROPERTY IN

5 QUESTION.

6 (x) A description of the suitability of the use of existing

7 towers, other structures or alternative technology not

8 requiring the use of towers or structures to provide the

services to be provided through the use of the proposed

10 new tower, INCLUDING SPECIFICS AS TO WHY SUCH

11 TOWERS, STRUCTURES OR ALTERNATIVE

12 TECHNOLOGIES ARE NOT SUITABLE OR FEASIBLE

13 IN LIEU OF A TOWER

14 (xi) A description of the feasible location(s) of future towers or

15 antennas within the city based upon existing physical,

16 engineering, technological or geographical limitations in

17 the event the proposed tower is erected.

18 (2) Factors considered in granting special land use permits for towers.

19 In addition to any standards for consideration of special land use

20 permit applications pursuant to Chapter 1282, Special Land Use

21 Permits, of the Zoning Code, the Council may consider the

22 following factors and any other factors allowed by law in

23 determining whether to issue a special land use permit, although


Wireless Communications Towers - Ordinance Amendments
Page 6
Draft # 3 October 18, 2010

1 the Council may waive or reduce the burden on the applicant of

2 one or more of these criteria if the Council concludes that the goals

3 of this chapter are better served thereby:

4 (i) Height of the proposed tower;

5 (ii) Proximity of the tower to residential structures and

6 residential district boundaries;

(iii) Nature of uses on adjacent and nearby properties;

8 (iv) Surrounding topography;

9 (v) Surrounding tree coverage and foliage;

10 (vi) Design of the tower, with particular reference to design

11 characteristics that have the effect of reducing or

12 eliminating visual obtrusiveness;

13 (vii) Proposed ingress and egress; and

14 (viii) EVIDENCE AT THE TIME OF APPLICATION OF A

15 LEASE OR AN OPTION TO LEASE BY A

16 TELECOMMUNICATIONS PROVIDER WITH THE

17 OWNER OF THE PROPERTY IN QUESTION, AND

18 (IX) Availability of suitable existing towers, other structures, or

19 alternative technologies not requiring CONSTRUCTION

20 OF A NEW TOWER the use of towers or structures, as

21 discussed in subsection 1298.07(b)(3) of this chapter.

22 (3) Availability of suitable existing towers, other structures, or

23 alternative technology. No new tower shall be permitted unless the

6
Wireless Communications Towers - Ordinance Amendments
Page 7
Draft #, 3 October 18, 2010

1 applicant demonstrates to the reasonable satisfaction of the Council

2 that no existing tower, structure or alternative technology that does

not require the use of towers or structures can accommodate the

4 applicant's proposed antenna. An applicant shall submit

5 information requested by the council related to the availability of

6 suitable existing towers, other structures or alternative technology.

Evidence submitted to demonstrate that no existing tower,

structure or alternative technology can accommodate the

applicant's proposed antenna may consist of any of the following:

10 (i) No existing towers or structures are located within the

11 geographic area which meets the applicant's engineering

12 requirements.

13 (ii) Existing towers or structures are not of sufficient height to

14 meet the applicant's engineering requirements.

15 Existing towers or structures do not have sufficient

16 structural strength to support the applicant's proposed

17 antenna and related equipment.

18 (iv) The applicant's proposed antenna would cause

19 electromagnetic interference with the antenna on the

20 existing towers or structures, or the antenna on the existing

21 towers or structures would cause interference with the

22 applicant's proposed antenna. 0

7
Wireless Communications Towers - Ordinance Amendments
Page 8
Draft # 3 October 18, 2010

1 (v) The fees, costs, or contractual provisions required by the

2 owner in order to share an existing tower or structure or to

3 adapt an existing tower or structure for sharing are

4 unreasonable. Costs exceeding new tower development are

5 presumed to be unreasonable.

6 (vi) The applicant demonstrates that there are other limiting

7 factors that render existing towers and structures

8 unsuitable.

9 (vii) The applicant demonstrates that an alternative technology

10 that does not require the use of towers or structures, such as

11 a cable microcell network using multiple low-powered

12 transmitters/receivers attached to a wireline system, is

13 unsuitable. Costs of alternative technolo v that exceed new

14 tower or antenna development shall not be presumed to

15 render the technology unsuitable.

16 (4) Setbacks. The following setback requirements shall apply to all

17 towers for which a special land use permit is required; provided,

18 however, that the Council may reduce the standard setback

19 requirements if the goals of this chapter would be better served

20 thereby:

21 (i) Towers must be set back a distance equal to at least 75

22 percent of the height of the tower from any adjoining lot

23 line.

8
Wireless Communications Towers - Ordinance Amendments
Page 9
Draft # 3 October 18, 2010

(ii) Guys and accessory buildings must satisfy the minimum

2 zoning district setback requirements.

3 (5) Separation. The following separation requirements shall apply to

all towers and antennas for which a special land use permit is

5 required; provided, however, that the Council may reduce the

6 standard separation requirements if the goals of this chapter would

7 be better served thereby.

8 (i) Separation from off-site uses/designated areas.

(a) Tower separation shall be measured from the base

10 of the tower to the lot line of the off-site uses and/or

11 designated areas as specified in Table 1, except as

12 otherwise provided in Table 1.

13 (b) Separation requirements for towers shall comply

14 with the minimum standards established in Table 1.

15 Table 1:

16 TABLE INSET:

Off-Site Use/Designated Area Separation Distance

100 feet or 150 percent


Single-family or duplex residential units 1
height of tower whichever is
greater
Vacant single-family or duplex residentially
100 feet or 150 percent
zoned land which is either platted or has
height of tower 2 whichever
preliminary subdivision plan approval which
is greater
is not expired
Vacant unplatted residentially zoned lands 100 feet or 100 percent
3 height of tower whichever is

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.

3 2 Separation measured from base of tower to closest building setback line.

4 3 Includes any unplatted residential use properties without a valid

5 preliminary subdivision plan or valid development plan approval and any

multi-family residentially zoned land greater than duplex.

7 (ii) Separation distances between towers.

8 (a) Separation distances between towers shall be

9 applicable for and measured between the proposed

10 tower and preexisting towers. The separation

11 distances shall be measured by drawing or

12 following a straight line between the base of the

13 existing tower and the proposed base, pursuant to a

14 site plan, of the proposed tower. The separation

15 distances (listed in linear feet) shall be as shown in

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

Lattice Guyed Monopole 75 feet in Monopole less than


height or greater 75 feet in height
Lattice 5,000 5,000 1,500 750
Guyed 5,000 5,000 1,500 750
Monopole
75 feet in
1 ,500 1 ,500 1 ,500 750
height or
greater
Monopole
less than
750 750 750 750
75 feet in
height
1

2 (6) Security fencing. Towers shall be enclosed by security fencing not

3 less than six feet in height and shall also be equipped with an

4 appropriate anti-climbing device; provided however, that the

council may waive such requirements, as it deems appropriate.

6 (7) Landscaping. The following requirements shall govern the

7 landscaping surrounding towers for which a special land use

8 permit is required; provided, however, that the Council may waive

9 such requirements if the goals of this chapter would be better

10 served thereby.

11 (i) Tower facilities shall be landscaped with a buffer of plant

12 materials that effectively screens the view of the tower

13 compound from property used for residences. The standard

11
Wireless Communications Towers - Ordinance Amendments
Page 12
Draft # 3 October 18, 2010

buffer shall consist of a landscaped strip at least four feet

2 wide outside the perimeter of the compound.

3 (ii) In locations where the visual impact of the tower would be

4 minimal, the landscaping requirement may be reduced,

5 deferred, or waived.

Existing mature tree growth and natural land forms on the

7 site shall be preserved to the maximum extent possible. In

some cases, such as towers sited on large, wooded lots,

9 natural growth around the property perimeter may be a

10 sufficient buffer; in these cases, landscaping may be

11 deferred during the time period that the natural growth

12 provides a sufficient buffer.

13 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

14 inconsistent with the provisions hereof are hereby repealed.

15 Section 3. Should any section, clause or phrase of this ordinance be declared to be

16 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

17 other than the part so declared to be invalid.

18 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

19 immediate effect by City Council.

12
CITY OF LANSING
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,


December 6, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor Lansing
City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering an
Ordinance of the City of Lansing, Michigan to Add Chapter 876 to the Lansing
Codified Ordinances by imposing a moratorium on the issuance of licenses for
medical marihuana establishments.

This Ordinance provides that the moratorium will not apply to existing medical
marihuana establishments, which are limited to the following:

• Alternative Choice Clinic located at 2310 East Michigan Avenue


• Capital City Caregivers/Capital City Growers Supply located at 2208 East
Michigan Avenue
• Capitol City Compassion Club located at 2010 East Michigan Avenue
^ Clinical Relief located at 2617 East Michigan Avenue
• Cloud 9 located at 3413 South Cedar Street
• Compassionate Apothecary of Lansing located at 2201 East Michigan
Avenue
• Grand. River Alternative Medicine located at 711 East Grand River Avenue
• Green Cross located at 2019 East Michigan Avenue
• Helping Hands located at 4100 South Cedar Street
• Homemade Hydroponics/Alternative Medicine located at 930 East Mt.
Hope
• Hydroworld located at 4513 South Martin Luther King Blvd; 700 West
Barnes Avenue; and 407 East Grand River Avenue
• The Kushion located at 605 East Michigan Avenue
Mid Michigan Caregivers located at 718 West Saginaw Street
• The Popcorn Bag located at 1824 East Michigan Avenue
• Turtle's located at 2121 East Michigan Avenue
• Victoria's Club Med-A-Sin located at 1039 North Cedar Street
• Your Health Choice located at 628 East Michigan Avenue

EXISTING MEDICAL MARIHUANA ESTABLISHMENTS IN THE CITY OF


LANSING NOT ON THIS LIST SHOULD CONTACT THE CITY CLERK'S
OFFICE AT 483-4135 OR KREEVESna LANSINGMI.GOV BEFORE THE
MORATORIUM IS PUT INTO EFFECT.

For more information please call 483-4177.

Interested Persons are invited to attend this Public Hearing

CHRIS SWOPE, LANSING CITY CLERK


DRAF1 CITY COUNCIL (INTRODUCTORY ) DRAFT #1
NOVEMBER 29, 2010

1 ORDINANCE NO.

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO ADD CHAPTER

3 876 TO THE LANSING CODIFIED ORDINANCES BY IMPOSING A MORATORIUM ON

4 THE ISSUANCE OF LICENSES FOR MEDICAL MARIHUANA ESTABLISHMENTS.

THE CITY OF LANSING ORDAINS:

Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,

7 Michigan, to read as follows:

CHAPTER 876. MEDICAL MARIHUANA ESTABLISHMENTS

876.01. LEGISLATIVE FINDINGS

10 THE CITY COUNCIL HAS DETERMINED THAT:

11 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT

12 EXPLICITLY ADDRESS THE OPERATION OF MEDICAL MARIHUANA

13 ESTABLISHMENTS.

14 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING

15 THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION.

16 (c) THE CITY IS DILIGENTLY STUDYING ITS OPTIONS WITH RESPECT TO

17 REGULATION OF OTHER ACTIVITY RELATING TO THE MICHIGAN MEDICAL

18 MARIHUANA ACT, WHICH REQUIRES CAREFUL CONSIDERATION OF THE

19 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOR THE CITY.

20 (d) A MORATORIUM ON NEW MEDICAL MARIHUANA ESTABLISHMENTS UNTIL

21 THE CITY HAS COMPLETED ITS STUDY OF THE MICHIGAN MEDICAL MARIHUANA

1
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11.29.10.doc
CITY COUNCIL (INTRODUCTORY ) DRAFT #1
NOVEMBER 29, 2010

1 ACT AND ITS IMPLICATIONS FOR THE CITY IS IN THE BEST INTEREST OF THE

2 PUBLIC HEALTH, SAFETY, AND WELFARE.

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.

7 (2) "MEDICAL MARIHUANA ESTABLISHMENT" MEANS ANY NONRESIDENTIAL

8 LAND USE INVOLVING THE GROWTH, DISTRIBUTION, STORAGE, OR USE OF

MARIHUANA.

10 876.03. LICENSE REQUIRED

11 NO PERSON SHALL BEGIN OPERATING A MEDICAL MARIHUANA ESTABLISHMENT

12 AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ORDINANCE WITHOUT FIRST

13 HAVING OBTAINED A LICENSE TO DO SO FROM THE CITY CLERK'S OFFICE.

14 876.04. MORATORIUM

15 THE CITY CLERK SHALL NOT ISSUE ANY LICENSE UNDER THIS CHAPTER DURING

16 THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ORDINANCE UNLESS AN

17 ORDINANCE REGULATING MEDICAL MARIHUANA ESTABLISHMENTS HAS BEEN

18 ADOPTED TO SUPERSEDE IT.


D
19 876.05. MEDICAL MARIHUANA ESTABLISHMENTS IN OPERATION

20 THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY MEDICAL

21 MARIHUANA ESTABLISHMENT NOT LISTED IN THIS SECTION WAS NOT

22 OPERATING ON THE EFFECTIVE DATE OF THIS ORDINANCE. MEDICAL

2
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11.29.10.doc
CITY COUNCIL (INTRODUCTORY ) DRAFT #I
NOVEMBER 29, 2010

1 MARIHUANA ESTABLISHMENTS RECOGNIZED BY THE CITY AS BEING IN

2 OPERATION PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE ARE:

(a) "ALTERNATIVE CHOICE CLINIC" LOCATED AT 2310 EAST

4 MICHIGAN AVENUE;

5 (b) "CAPITAL CITY CAREGIVERS/CAPITAL CITY GROWERS SUPPLY"'

6 LOCATED AT 2208 EAST MICHIGAN AVENUE;

7 (c) "CAPITOL CITY COMPASSION CLUB" LOCATED AT 2010 EAST

8 MICHIGAN AVENUE;

(d) "CLINICAL RELIEF" LOCATED AT 2617 EAST MICHIGAN AVENUE;

10 (e) "CLOUD 9" LOCATED AT 3413 SOUTH CEDAR STREET;

11 (f) "COMPASSIONATE APOTHECARY OF LANSING" 2201 EAST

12 MICHIGAN AVENUE;

13 (g) "GRAND RIVER ALTERNATIVE MEDICINE" LOCATED AT 711

14 EAST GRAND RIVER AVENUE;

15 (h) "GREEN CROSS" LOCATED AT 2019 EAST MICHIGAN AVENUE;

16 (i) "HELPING HANDS" LOCATED AT 4100 SOUTH CEDAR STREET;

17 (j) "HOMEMADE HYDROPONICS/ALTERNATIVE MEDICINE"

18 LOCATED AT 930 EAST MT. HOPE

19 (k) "HYDROWORLD" LOCATED AT 4513 SOUTH MARTIN LUTHER

20 KING BLVD; 700 WEST BARNES AVENUE; AND 407 EAST GRAND
aRF.

21 RIVER AVENUE;

22 (1) "THE KUSHION" LOCATED AT 605 EAST MICHIGAN AVENUE;

3
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CITY COUNCIL (INTRODUCTORY ) DRAFT #1
NOVEMBER 29, 2010

1 (m) "MID MICHIGAN CAREGIVERS" LOCATED AT 718 WEST SAGINAW

2 STREET;

3 (n) "THE POPCORN BAG" LOCATED AT 1824 EAST MICHIGAN

4 AVENUE;

5 (o) "TURTLE'S" LOCATED AT 2121 EAST MICHIGAN AVENUE;

(p) "VICTORIA'S CLUB MED-A-SIN" LOCATED AT 1039 NORTH

CEDAR STREET;

8 (q) "YOUR HEALTH CHOICE" LOCATED AT 628 EAST MICHIGAN

9 AVENUE.

10 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

11 inconsistent with the provisions hereof are hereby repealed.

12 Section 3. Should any section, clause or phrase of this ordinance be declared to be

13 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

14 other than the part so declared to be invalid.

15 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

16 immediate effect by City Council.

17 Approved as to. form:


18
19
20 City Attorney
21 Dated:
22
23
24
25

4
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11.29.10.doc
van izat^
430 North Fairview, Lansing, MI 48912

November 29, 2010

Lansing City Council Members


124 West Michigan Avenue 10 th Floor
Lansing, Michigan 48933

Dear Lansing City Council Members:

SUBJECT: Medical Marijuana Proposed Laws,. Rules, and Guidelines

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

From: "Richard C. Clement Sr." <rclement@voyager.net >


To: <mayor@lansingmi.gov>
CC: <council@lansingmi.gov >, "'Rev. Steven B. Thompson"' <benziecountynorml@...
Date: 12/2/2010 8:52 AM
Subject: Voting Down/Veto the proposed Medical Marijuana Moratorium - Lansing City Council
Dec 6th, 2010

Mayor Virg Benero

City of Lansing MI

124 Michigan Ave

Lansing, MI 48933

Subject: Veto of the proposed City of Lansing Moratorium on Medical


Marijuana Compassion Clubs

Dear Mayor Benero,

I am asking that you veto this proposed job-killing


legislation to place a moratorium on Medical Marijuana establishments within
the City of Lansing Michigan. In these tough times for the City, these
establishments are creating jobs and generating revenue. For instance Board
of Water and Light has benefited from the Medical Marijuana Act by the
increased use of electricity. Coffee shops and other businesses are seeing
increased traffic on Michigan Avenue because of the new establishments.

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

Ingham County Representative

Michigan Chapter of the National Organization for the Reform of Marijuana


Laws

Cc: City Clerk Chris Swope

Cc: A'lynne Robinson, President Lansing City Council.


(11/29/2010) Diana Bitely - No Medical Marihuana Moratorium Nee de Page 1

From: "John F. Mertz" <jfmertz@comcast.net >


To: <council@ci.lansing.mi.us >
Date: 11/29/2010 2:36 PM
Subject: No Medical Marihuana Moratorium Needed

Members:

A moratorium on dispensaries is a solution seeking a problem. To vote


for one is to vote against new business in Lansing and against job
creation in Lansing and against new tax revenues for Lansing. So, how
does a moratorium avoid those effects?

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?

There is no public safety issue. There is no public need for action on


this subject. The best thing to do is to wait and see. Please concern
yourself with attracting businesses. Driving them away is the last thing
the Council should do for the common good.

Respectfully,

John F. Mertz, J.D. (P25200)


Lansing, Michigan
(517) 482-5200
11292010 Diana BitelY. _Fwd
. Pro p osed Moraytorium Page

From: robin schneider <robinschneider.mi@gmail.com >


To: <council@lansingmi.gov>
Date: 11/29/2010 11:18 AM
Subject: Fwd: Proposed Moratorium

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

Dear Council Members,

I am writing to express my support for the proposed moratorium. I am an


advocate for "Safe Access", however the access I am seeing in Lansing is not
necessarily safe. The problem is that there are not any rules in place for
the approximately 30 establishments. I would like to see an ordinance in
place that addresses the issues of security, guns and redistribution.
Some compassion centers do not keep the marihuana in a locked area. Anyone
could just walk in and try to take it putting the patients who are waiting
for meds in a dangerous situation. The parking lots of these establishments
also need to be well lit. Also there is nothing worse than trying to obtain
coeds from a guy who is visibly wearing a gun! If they insist on having a gun
then they can hire a real security guard. The last issue is redistribution.
How much marihuana should a patient obtain in one day? Some compassion
centers limit the quantities their patients may obtain in a day. It would be
reasonable for a patient to pick up an ounce of product. Some centers allow
patients to pick up 2.5 ounces go to the car and come back in as many times
a day as they wish- redistribution. Don't get me wrong I support compassion
centers we need them. No one should ever have get their meds from a guy in a
parking lot. However, we also need the centers to be safe. If you need a
moratorium in place while you write an ordinance fine but please hurry on
the ordinance. In fact Mr. Smiths last ordinance was pretty close to being
right on. We need to fix the establishments that are not operating up to
par and we need to keep the patients safe. As always we are willing to help
in any way that would be useful.

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

From: robin schneider <robinschneider.mi@gmail.com >


To: <council@lansingmi.gov >
Date: 11/29/2010 11:18 AM
Subject: Fwd: Proposed Moratorium

=---- 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

Dear Council Members,

I am writing to express my support for the proposed moratorium. I am an


advocate for "Safe Access", however the access I am seeing in Lansing is not
necessarily safe. The problem is that there are not any rules in place for
the approximately 30 establishments. I would like to see an ordinance in
place that addresses the issues of security, guns and redistribution.
Some compassion centers do not keep the marihuana in a locked area. Anyone
could just walk in and try to take it putting the patients who are waiting
for meds in a dangerous situation. The parking lots of these establishments
also need to be well lit. Also there is nothing worse than trying to obtain
meds from a guy who is visibly wearing a gun! If they insist on having a gun
then they can hire a real security guard. The last issue is redistribution.
How much marihuana should a patient obtain in one day? Some compassion
centers limit the quantities their patients may obtain in a day. It would be
reasonable for a patient to pick up an ounce of product. Some centers allow
patients to pick up 2.5 ounces go to the car and come back in as many times
a day as they wish- redistribution. Don't get me wrong I support compassion
centers we need them. No one should ever have get their meds from a guy in a
parking lot. However, we also need the centers to be safe. If you need a
moratorium in place while you write an ordinance fine but please hurry on
the ordinance. In fact Mr. Smiths last ordinance was pretty close to being
right on. We need to fix the establishments that are not operating up to
par and we need to keep the patients safe. As always we are willing to help
in any way that would be useful.

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

From: "John F. Mertz" <jfmertz@comcast.net >


To: <council@ci.lansing.mi.us >
Date: 11/29/2010 2:36 PM
Subject: No Medical Marihuana Moratorium Needed

Members:

A moratorium on dispensaries is a solution seeking a problem. To vote


for one is to vote against new business in Lansing and against job
creation in Lansing and against new tax revenues for Lansing. So, how
does a moratorium avoid those effects?

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?

There is no public safety issue. There is no public need for action on


this subject. The best thing to do is to wait and see. Please concern
yourself with attracting businesses. Driving them away is the last thing
the Council should do for the common good.

Respectfully,

John F. Mertz, J.D. (P25200)


Lansing, Michigan
(517) 482-5200
(11/29/2010) Diana Bitely - RE: Capital City Cargegivers and the MichiganAssociationofCompassionate Centers Page 1

From: ryan basore <rbasore@hotmail.com >


To: Carol Wood <cwood@lansingmi.gov >
Date: 11/29/2010 12:59 PM
Subject: RE: Capital City Cargegivers and the MichiganAssociationofCompassionate Centers. .

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

> > Thank you,


>.>

> > Ryan Basore


> .> 517-449-0702

>
pia
NOV 29 2010
'9a n izat`°
I fl,y`.i r?
430 North Fairview, Lansing, MI 48912 X26

November 29, 2010

Lansing City Council Members


124 West Michigan Avenue 10 th Floor
Lansing, Michigan 48933

Dear Lansing City Council Members:

SUBJECT: Medical Marijuana Proposed Laws, Rules, and Guidelines

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

Nancy Mallow, President 1.11, I-1 -7

Eastside Neighborhood Organization


517-372-3249
Email: nmahlow@yahoo.com
;,
6 l„r E I ;''1 ^1^1U

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.

By Council Member Wood

COUNCIL MEMBER YEAS NAYS


DUNBAR ❑ ❑
HEWITT ❑ ❑
HOUGHTON ❑ ❑
JEFFRIES ❑ ❑
QUINNEY ❑ ❑
ROBINSON ❑ ❑
WOOD ❑ ❑
YORKO ❑ ❑

❑ ADOPTED ❑ FAILED
DRAFT CITY COUNCIL (INTRODUCTORY ) DRA FT #1
NOVEMBER 29, 2010

1 ORDINANCE NO.

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO ADD CHAPTER

3 876 TO THE LANSING CODIFIED ORDINANCES BY IMPOSING A MORATORIUM ON '

4 THE ISSUANCE OF LICENSES FOR MEDICAL MARIHUANA ESTABLISHMENTS.

5 THE CITY OF LANSING ORDAINS:

6 Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,

7 Michigan, to read as follows:

8 CHAPTER 876. MEDICAL MARIHUANA ESTABLISHMENTS

9 876.01. LEGISLATIVE FINDINGS

10 THE CITY COUNCIL HAS DETERMINED THAT:

11 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT

12 EXPLICITLY ADDRESS THE OPERATION OF MEDICAL MARIHUANA

13 ESTABLISHMENTS.

14 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING

15 THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION.

16 (c) THE CITY IS DILIGENTLY STUDYING ITS OPTIONS WITH RESPECT TO

17 REGULATION OF OTHER ACTIVITY RELATING TO THE MICHIGAN MEDICAL

18 MARIHUANA ACT, WHICH REQUIRES CAREFUL CONSIDERATION OF THE

19 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOR THE CITY.

20 (d) A MORATORIUM ON NEW MEDICAL MARIHUANA ESTABLISHMENTS UNTIL

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

2 PUBLIC HEALTH, SAFETY, AND WELFARE.

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.

7 (2) "MEDICAL MARIHUANA ESTABLISHMENT" MEANS ANY NONRESIDENTIAL

8 LAND USE INVOLVING THE GROWTH, DISTRIBUTION, STORAGE, OR USE OF

9 MARIHUANA.

10 876.03. LICENSE REQUIRED

11 NO PERSON SHALL BEGIN OPERATING A MEDICAL MARIHUANA ESTABLISHMENT

12 AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ORDINANCE WITHOUT FIRST

13 HAVING OBTAINED A LICENSE TO DO SO FROM THE CITY CLERK'S OFFICE.

14 876.04. MORATORIUM

15 THE CITY CLERK SHALL NOT ISSUE ANY LICENSE UNDER THIS CHAPTER DURING

16 THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ORDNANCE UNLESS AN

17 ORDINANCE REGULATING MEDICAL MARIHUANA ESTABLISHMENTS HAS BEEN

18 ADOPTED TO SUPERSEDE IT.

19 876.05. MEDICAL MARIHUANA ESTABLISHMENTS IN OPERATION

20 THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY MEDICAL

21 MARIHUANA ESTABLISHMENT NOT LISTED IN THIS SECTION WAS NOT

22 OPERATING ON THE EFFECTIVE DATE OF THIS ORDINANCE. MEDICAL

2
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CITY COUNCIL (INTRODUCTORY ) DRA FT #1
NOVEMBER 29, 2010

1 MARIHUANA ESTABLISHMENTS RECOGNIZED BY THE CITY AS BEING IN

2 OPERATION PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE ARE:

3 (a) "ALTERNATIVE CHOICE CLINIC" LOCATED AT 2310 EAST

4 MICHIGAN AVENUE;

5 (b) "CAPITAL CITY CAREGIVERS/CAPITAL CITY GROWERS SUPPLY"

6 LOCATED AT 2208 EAST MICHIGAN AVENUE;

7 (c) "CAPITOL CITY COMPASSION CLUB" LOCATED AT 2010 EAST

8 MICHIGAN AVENUE;

9 (d) "CLINICAL RELIEF" LOCATED AT 2617 EAST MICHIGAN AVENUE;

10 (e) "CLOUD 9" LOCATED AT 3413 SOUTH CEDAR STREET;

11 (f) "COMPASSIONATE APOTHECARY OF LANSING" 2201 EAST

12 MICHIGAN AVENUE;

13 (g) "GRAND RIVER ALTERNATIVE MEDICINE" LOCATED AT 711

14 EAST GRAND RIVER AVENUE;

15 (h) "GREEN CROSS" LOCATED AT 2019 EAST MICHIGAN AVENUE;

16 (i) "HELPING HANDS" LOCATED AT 4100 SOUTH' CEDAR STREET;

17 (j) "HOMEMADE HYDROPONICS/ALTERNATIVE MEDICINE"

18 LOCATED AT 930 EAST MT. HOPE

19 (k) "HYDROWORLD" LOCATED AT 4513 SOUTH MARTIN LUTHER

20 KING BLVD; 700 WEST BARNES AVENUE; AND 407 EAST GRAND

21 RIVER AVENUE;

22 (1) "THE KUSHION" LOCATED AT 605 EAST MICHIGAN AVENUE;

o
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CITY COUNCIL (INTRODUCTORY ) DRA FT #1
NOVEMBER 29, 2010

1 (m) "MID MICHIGAN CAREGIVERS" LOCATED AT 718 WEST SAGINAW

2 STREET;

3 (n) "THE POPCORN BAG" LOCATED AT 1824 EAST MICHIGAN

4 AVENUE;

5 (o) "TURTLE'S" LOCATED AT 2121 EAST MICHIGAN AVENUE;

6 (p) "VICTORIA'S CLUB MED-A-SIN" LOCATED AT 1039 NORTH

7 CEDAR STREET;

8 (q) "YOUR HEALTH CHOICE" LOCATED AT 628 EAST MICHIGAN

9 AVENUE.

10 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

11 inconsistent with the provisions hereof are hereby repealed.

12 Section 3. Should any section, clause or phrase of this ordinance be declared to be

13 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

14 other than the part so declared to be invalid.

15 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

16 immediate effect by City Council.

17 Approved as to form:
18
19
20 City Attorney
21 Dated:
22
23
24
DR
25

4
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11.29.10.doc
Chris Swope
Lansing City Clerk

November 30, 2010

Lansing City Council


10th Floor City Hall
124 W. Michigan Ave.
Lansing, MI 48933

Dear President Robinson and Council Members:

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

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • 517-377-0068 FAX
www.lansingmi.gov/clerk • clerk@lansingmi.gov
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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

WHEREAS, an additional meeting is needed for 2010;

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.

BE IT FINALLY RESOLVED that Council shall meet as a Committee of the Whole on


Monday, January 3 at 6:00 p.m.
a lI

Chris Swope
Lansing City Clerk

December 2, 2010

City Council President Robinson and Lansing City Council Members


10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Council Members:

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, CMC


Lansing City Clerk

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAX
www.lansingmi.gov/clerk • clerk@lansingmi.gov
i_CC .I it

Chris Swope
Lansing City Clerk

December 2, 2010

City Council President and Members of the Lansing City Council


10th Floor, City Hall
Lansing, MI 48933

Dear Council Members:

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:

Michigan State AFL-CIO Human Resources Development, Inc.

Sincerely,

Chris Swope, CMC


Lansing City Clerk

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 o 517-377-0068 FAX
clerk.cityoflansingmi.com oclerk@lansingmi.gov
BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Michigan State AFL-CIO Human Resources Development, Inc. has


requested a resolution of recognition as a Local Nonprofit Organization operating
in the City of Lansing for the purpose of obtaining a charitable gaming license
pursuant to MCL 432.103 (9); and

WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit
Organization;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,


recognizes the Michigan State AFL-CIO Human Resources Development, Inc. as
a Local Nonprofit Organization operating in the City of Lansing for the purpose of
obtaining a charitable gaming license.

BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy of


this resolution to the Michigan State AFL-CIO Human Resources Development,
Inc. of 419 S. Washington Sq., Lansing MI 48933.
Human Resources Development, Inc.
Phone 517-372-0784 Employment & Training
FAX 517-372-0787 419 S. Washington Sq. • Suite 300 • Lansing, Michigan 48933
MARK T. GAFFNEY, President FRAN SIBLEY, Chief Executive Officer

November 22, 2010


The Honorable Chris Swope
Lansing City Clerk
124 West Michigan Avenue
9th Floor
Lansing, Michigan 48933

Dear City Clerk Swope:

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,

MICHIGAN STATE AFL-CIO


Human Resources Development Inc.

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

Michigan HRDI is an Equal Opportunity Employer/Program


"Auxiliary Aides & Services Available Upon Request to Individuals with Disabilities"
Michigan Relay Center (800) 649-3777
ARTICLES OF INCORPORATION
MICHIGAN STATE AFL-CIO HUMAN RESOURCES DEVELOPMENT,
INC.

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

The purposes for which the corporation is organized are:

1. To provide vocational training, job placement assistance, employment,


education, and training programs, health and safety training, substance abuse
rehabilitation, literacy training, and other assistance to individuals and
organizations who need such assistance;

2. To foster employment and training opportunities for unemployed,


underemployed or displaced workers;

3. To secure funding for the above activities through the procurement of


federal, state, local, private, or other grants;

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:

Personal property: miscellaneous office supplies and cash.

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

The name and address of the incorporator is:

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.

1. Proceedings Against Corporate Agents. The corporation shall have power to


indemnify any person who was or is a party to, or is threatened to be made a party to, any
threatened, pending, or completed action, suit, or proceeding, whether civil, criminal,
administrative or investigative, and whether formal or informal, (other than an action by or in the
right of the corporation) by reason of the fact that the person is or was a Director, Officer,
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, sub-committee member, employee or agent
of another corporation, partnership, joint venture, trust or other enterprise. The indemnification
shall be against expenses (including attorney's fees), judgments, penalties, fines, and amounts paid
in settlement, actually and reasonably incurred in connection with such action, suit, or proceeding.
The corporation shall have the power to indemnify a Director, the Executive Director, employee,
or agent of the corporation, only if s/he acted in good faith and in a manner s/he reasonably
believed to be in or not opposed to the best interests of the corporation; and with respect to any
criminal action or proceeding, had no reasonable cause to believe that the conduct was unlawful.

2. Proceedings by or in the Right of Corporation. The corporation shall have the


power to indemnify any person who was or is a party to or is threatened to be made a party to, any
threatened, pending, or completed action or suit by or in the right of, the corporation to procure
a judgment in its favor by reason of the fact that the person 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, committee member, employee or agent of another
corporation, partnership, joint venture, trust, or other enterprise. The indemnification may be
against expenses, including actual and reasonable attorney's fees, and amounts paid in settlement,
actually and reasonably incurred in connection with the action or suit. The corporation shall have
the power to indemnify any person only if that person acted in good faith and in a manner
reasonably believed to be in or not opposed to the best interests of the corporation. However, no
indemnification shall be made in respect of any claim, issue, or matter, as to which such person
shall have been adjudged to be liable for negligence or misconduct in the performance of a duty
to the corporation unless, and only to the extent that the court in which such action or suit was

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.

3. Determination that Indemnification is Proper. Unless ordered by a court, any


indemnification shall be made by the corporation only upon a determination that indemnification
is proper in the circumstances because the person in question has met the applicable standard of
conduct set forth in those sections. Such determination shall be made by the Board.

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.

2. Dissolution of the Corporation. This corporation may be dissolved by action of the


Board of Directors. Upon the dissolution of the corporation, the Board shall, after paying or
making provision for the payment of all of the liabilities of the corporation, dispose of all of the
assets of the corporation in such manner, or to such organizations organized and operated
exclusively for charitable, educational, religious, or scientific purposes as shall at the time qualify
as an exempt organization or organizations under section 501(c)(3) of the Internal Revenue Code
of 1954 (or the corresponding provision of any future United States Internal Revenue Law), as the
Board shall determine. Any such assets not so disposed of shall be disposed of (by the circuit
court of the county in which the principal office of the corporation is then located) exclusively for
such purposes or to such organization or organizations as said court shall determine which are
organized and operated exclusively for such purpose.

ARTICLE XII

These Articles of Incorporation are signed by the incorporator on 3-5 , 2000.

0:\Ge neral\Nickelho f f\AFL-CIO\HRD I\hrd ian. wpd

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:

1. To provide vocational training, job placement assistance, employment,


education, and training programs, health and safety training, substance
abuse rehabilitation, literacy training, and other assistance to individuals and
organizations who need such assistance;

2. To foster employment and training opportunities for unemployed,


underemployed or displaced workers;

3. To secure funding for the above activities through the procurement of


federal, state, local, private, or other grants;

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. 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.

ARTICLE V. Board of Directors.

A. Membership. The Corporation shall be organized on a directorship basis.


The Initial. Board of Directors shall consist of the person then serving as President of the
Michigan State AFL-CIO. The Board maybe expanded with additional members by action
of the Board. The term of office of the initial Director of the Corporation shall be the term
of office of the President of the Michigan State AFL-CIO.

B. Meetings and Transaction of Business. The annual-meetings of the Board


of Directors shall be held at a time and place to. be determined by the Board. The Board
may also convene meetings of the Board at such other times as it determines is necessary.
Written notice stating the time, place, and agenda of the meeting shall be given to each
Director at least five (5) days prior to the meeting, unless the meeting is an- emergency
meeting, in which case telephone notice may be given. A majority of the Board shall
constitute a quorum for the transaction of business. Each Director shall have one (1) vote.
Actions of the board of Directors will be taken by a majority of those, present and voting,
except as otherwise provided. The Board of Directors may participate in a meeting by
means of a conference telephone or..similar communications equipment by means of which
all Board members participating in the meeting can hear each other, or review comments
of each other, at the same time. Participation by such means shall constitute presence at
such meeting.

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.

ARTICLE VI. Committees.

Committees may be formed and/or dissolved by a decision of the Board of Directors.


All committees shall function within the mandate granted by them by the Board and shall
be responsible for keeping accurate written records of their activities. Reports shall be
made at each Board meeting.

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.

ARTICLE VIII. Finances, Contracts.

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.

ARTICLE X. Dissolution. This corporation may be dissolved by action of the Board of


Directors. Upon the dissolution of the corporation, the Board shall, after paying or making
provision for the payment of all of the liabilities of the corporation, dispose of all of the
assets of the corporation in such manner, or to such organizations organized and operated
exclusively for charitable, educational, religious, or scientific purposes as shall at the time
qualify as an exempt organization or organizations under section 501(c)(3) of the Internal
Revenue Code of 1954 (or the corresponding provision of any future United States Internal
Revenue Law), as the Board shall determine. Any such assets not so disposed of shall
be disposed of (by the circuit court of the county in which the principal office of the
corporation is then located) exclusively for such purposes or to such organization or
organizations as said court shall determine which are organized and operated exclusively
for such purpose.

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.

The foregoing Bylaws were duly;adopted this 10thday of May . , 2005.

.„
-SIGNED: .

C!\Documents ind,Set4..ings\Patti F\Local Seitings\TemporaiiInternet Files\

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.

The function of Y is to administer job training and placement


projects funded through grants under the Job Training Partnership
Act (JTPA). Y also administers a job safety and health education
program funded by Z. The major portion of Y's funding is obtained
through a discretionary grant from Z. Y employs a staff of job
developers who secure and administer employment training, on-the-
job training, and job placement services for displaced workers,
unemployed youth, and other targeted groups throughout Z.
During its last two years of operation as a program of X, Y
accumulated a funding surplus. The funding surplus was generated
under performance based funding contracts, and is not returnable
to the funding source. The funding surplus was generated entirely
through the tax-exempt activities of X. During the period in which
the funding surplus was generated, X provided Y with various
support services and facilities, including: program improvements,
remodeling of offices, publication and administrative services,
provision of computers and computing services.
X proposes to retain the funding 'surplus accumulated by Y
during the period when X was operated as part of X. The retention
is to be on a one-time-only basis. The retained surplus is intended
to compensate X for the cost of outlays made to maintain and
improve the operation of
X proposes to execute a "Support Services Agreement" with Y.
The Agreement provides that X shall provide the services of certain
personnel, as well as equipment, supplies, and office space to Y
in exchange for which X shall reimburse X for the cost of such
services, equipment and facilities.
Specifically, the Support Services Agreement provides that X
shall provide the services of three (3) of its full-time employees
to Y, to serve as Program Director, bookkeeper, and
secretary/clerical. Y shall reimburse X for the actual cost of such
employee's compensation (as determined by collective bargaining in
the case of bookkeeper and clerical, or by established practice in
the case of Program Director), including wages, salaries and fringe
benefits. Such employees shall remain employees of X, but shall be
under the supervision of Y. It is expected that the employees will
serve Y on a full-time basis; provision. is made, however, for pro-
rata apportionment of such employee's compensation if necessary.
The Support Services Agreement also provides for pro-rata
reimbursement by Y to X for X's office space, equipment or supplies
utilized by Y. Such reimbursement is to be set at actual cost or
fair market value. It is expected that the maximum percentage of
X's office space provided to Y under the Agreement is 10%. Under
-3-
Michigan State AFL-CIO L.E.A.D., Inc.

no circumstances shall any payments for use of personal property


(i.e., equipment) exceed 50% of their total payments for use of
personal and real property combined.

X does not have a support services arrangement with any entity


besides Y.

X and Y also propose to undertake a " Cost Reimbursement


Agreement," in which X shall provide Y with certain administrative
and professional services on a periodic or irregular basis, in
exchange for which Y will reimburse X for the cost of such
services.

Specifically, X employs a full-time publications staff member,


who is responsible for the preparation and production of printed
materials (including a monthly newspaper). Occasionally and on an
irregular basis, X's staff member will produce printed material for
Y , for use in its tax exempt activities.

X also employs an Administrative Assistant to the President,


who will assist Y on an as needed basis in various administrative
matters (such as, e.g., negotiations with grant providers or
recipients, or employee relations).
Under the "Cost. Reimbursement agreement," Y shall reimburse
X for the services of the above employees on a quarterly basis, at
the cost of such employees' compensation. The amount of
reimbursement shall be set on an indirect cost basis, based on
extrapolated actual cost over a representative sample period.
Indirect cost computation shall be adjusted every two years, or
more frequently if necessary.

It is expected that the maximum percentage of services


allocable to Y under the "Cost Reimbursement Agreement" is 25% for
the publications staff member, and 33% for administrative
assistant.

X does not have a similar arrangement with any entity other


than Y.

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.

Section 1.501(c)(5)-l(a) of the Income Tax Regulations


provides that the organizations contemplated by section 501(c)(5)
-4-
Michigan State AFL-CIO L.E.A.D., Inc.

as entitled to exemption from taxation are those which:


(1) Have no net earnings inuring to the benefit of any
member, and
(2) Have as their objects the betterment of the
conditions of those engaged in such pursuits, the
improvement of the grade of their products, and the
development of a higher degree of proficiency in
their respective occupations.
Section 511 of the Code imposes a tax on the unrelated
business taxable income of organizations described in sections
401(a) and 501(c).
Section 512 of the Code defines the term "unrelated business
taxable income" as "gross income derived by any organization from
any unrelated trade or business (as defined in section 513)
regularly carried on by it, less the deductions allowed by this
chapter which are directly connected with the carrying on of such
trade or business, both computed with the modifications provided
in subsection (b)."
Section 513 of the Code provides that the term "unrelated
trade or business" means, in the case of any organization subject
to the tax imposed by section 511, any trade or business the
conduct of which is not substantially related (aside from the need
of such organization for income or funds or the use it makes of the
profits derived) to the exercise or performance by such
organization of its charitable, educational, or other purpose or
function constituting the basis for its exemption under section
501 (or, in the case of an organization described in section
511(a)(2)(b), to the exercise or performance of any purpose or
function described in section 501(c)(3)).
Section 1.513-1(a) of the regulations provides that the term
"unrelated business taxable income" means the gross income derived
by an organization from any unrelated trade or business regularly
carried on by it, less the deductions and subject to the
modifications provided in section 512.

Section 1.513-1(b) of the regulations provides that for


purposes of section 513 of the Code the term "trade or business"
has the same meaning it has in section 162, and generally includes
any activity carried on for the production of income from the sale
of goods or the performance of services.
Section 1.513-1(d)(2)) of the regulations provides that a
-5--
Michigan State AFL-CIO L.E.A.D., Inc.

trade or business is "substantially related" only if the production


or distribution of the goods or the performance of the services
from which the gross income is derived contributes importantly to
the accomplishment of the purposes for which exemption was granted.
Whether activities contribute importantly to the accomplishment of
any purpose for which the organization has been granted exemption
depends upon the facts and circumstances of each case.
You ask whether the retention of the funding surplus by X will
affect the exempt status of either X or Y and whether the retention
of such surplus will result in unrelated business income to X.
Additionally, you ask whether the income derived by X under the
Support Services Agreement and also the Cost Reimbursement
Agreement will affect the exempt status of either X or Y or will
result in unrelated business income to X.
In order to determine whether an unrelated trade or business
is present, we must first determine whether there is a trade or
business regularly carried on and whether the conduct of this trade
or business is substantially related to the accomplishment of the
organization's exempt purpose. The information submitted indicates
that X will retain excess funds generated under performance-based
funding contracts between X and the funding source.These funds were
generated during a two year period when Y operated as a program of
X. Since the funded programs were activities comprising X's basis
for exemption,then the funds in question were generated from
activities substantially related to X's exempt purposes and
therefore even if regularly carried on would not be classified as
an unrelated trade or business within the meaning of section 513.
Retaining the funding surplus generated during the last two
years of Y's operation as a program of X would appear to be
appropriate for X since Y was not a separate legal entity at that
time. The funds were paid to X to conduct an educational program
which formed part of the basis for X's exemption. Thus, the
retention of the excess funding by X to reimburse expenses
associated with the program should not affect the exempt status of
X.

Since both X and Y's exemption are based at least partially


on the same charitable and educational activity, the provision of
support services by X to Y in furtherance of that activity would
serve to further both X and Y's exempt purpose. Thus, this activity
is related to the exempt purposes of both X and Y.
Similarly, the provision of certain administrative and
professional services under the "Cost Reimbursement Agreement" are
deemed to be related to the exempt function of X. Any
-6-
Michigan State AFL-CIO L.E.A.D., Inc.

reimbursement would be considered income from an activity related


to the exempt purposes of X.
Based on the information submitted and the representations
made therein, we rule as follows:
(1) The retention by X of surplus funding generated
during the time that Y operated as a program of X
will not jeopardize the tax exempt status of either
X or Y, nor will it result in unrelated business
taxable income to X.
(2) The provision of support services pursuant to the
"Support Services Agreement" will not jeopardize the
tax exempt status of either. X or Y, nor will the
receipt of reimbursement thereunder result in
unrelated business taxable income to X.
(3) The provision of certain administrative and
professional services under the "Cost Reimbursement
Agreement" and the receipt of- reimbursement
thereunder will not jeopardize X or X's tax exempt
status nor will it result in unrelated business
taxable income to X.
This ruling is directed only to the organization that
requested it. Section 6110(j)(3) of the Code provides that it may
not be used or cited by others as precedent.
A copy of this ruling will be sent to your key District
Director. Please keep a copy in your permanent records.
Sincerely yours,
Cyr x Z!c c• /Lt. ' -,:_
Conrad Rosenberg
Chief, Exempt Organizations
Rulings Branch 1
Department of the Treasury
tnt o,wial Revenue Service

SC` 1U19Q In reply refer to: 1716504072


CINCINNATI, OH 45999 Sep. 05,.1990 LTR 252C
38-2795791 0000 00 000
02115

MICHIGAN STATE AFL-CIO HUMAN


RESOURCES DEVELOPMENT INC
419 S WASHING'TOH AVE
LANSING MI 48933-2124

Taxpayer Identification Number : 38-2795791

Dear Taxpayer :

We have changed your business name as requested. The number shown


above is valid for use on all tax documents. Corrected Forms 8109,
Federal Tax Deposit Coupons, have been ordered; you should receive
them in 5 to 6 weeks.

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

President Robinson and Members of the Lansing City Council


10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Council Members:

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

BOARD NAME DATE OF MEETING

Board of Water and Light Board of Commissioners September 28, 2010

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,

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 ❑ 517-377-0068 FAX
www.lansingmi.gov/clerk ❑ clerk@lansingmi.gov
' P7 CFI v E
A pproved on 11-23-10
m..nu
atON TLn.
oil 2: 25

LA.SR',,G CITY CLERI'';

MINUTES OF THE BOARD OF COMMISSIONERS' MEETING

LANSING BOARD OF WATER AND LIGHT

September 28, 2010

The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive,
Lansing, Michigan.

Chairperson Zerkle called the meeting to order at 5:30. p.m.

Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney
Marilyn Plummer and Sandra Zerkle.

Absent: Commissioner Tracy Thomas

The Corporate Secretary declared a quorum present.

Commissioner Plummer led the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Plummer seconded by Commissioner Bossenbery to approve the


minutes of the Regular Board Meeting of July 27, 2010.

Action: Carried unanimously.

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.

There was no public comment.


...................
COMMUNICATIONS

Thank you card from former Board of Water & Light's Executive Secretary Beverly Bishop.

Received and Place on File


....................
Regular Board Mtg.
September.28, 20.10
Page 2 of 18
COMMITTEE REPORTS

COMMITTEE OF THE WHOLE


August 10, 2010

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.

Absent: Commissioners Frank Lain and Margaret Bossenbery

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner DeLuca seconded by Commissioner Thomas to


approve the Committee of the Whole meeting minutes of July 13, 2010.

Action: Carried unanimously.


Senior Citizens Late Fees (previously tabled) (Information Only)
Committee of the Whole Chair Dennis Louney stated that this item regarding
senior citizens late fees was discussed at a previous meeting.

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.

Update on Social Media (Information Only)

Mark Nixon, Director of Communications, provided an update on social media.

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.

Update on Smart Grid (Information Only)

Doug Wood, Executive Director of Electrical Operations provided an update on


Smart Grid.

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.

Smart Grid upside:


• The ability to know when someone does or does not have power
• Consumer utility cost savings using time-of-day rates
Overall energy saving by optimizing the utility grid

Smart Grid downside:


• Infrastructure cost is extremely expensive, even with matching funds
• Changing technology with a lack of standards
• Time-of-day rates can be very expensive for low income customers
• Customer acceptance
Regular Board Mtg.
September 28, 2010
Page 4 of 18
One of the biggest questions at this point is technology and standards. There
are a lot of technology choices on the market for Smart Grid, most of which are
proprietary. The Board of Water & Light's approach has been more holistic. The
Board of Water & Light has several needs such as electric, water and mobile
workstations. With the rapidly changing technology and the significant cost, we
do not want to move into something too quickly.

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.

Completed Tasks in preparation for Smart Grid:


• Formed a task force of employees who evaluate AMI
• Development in Meridian Township called Lodges which will be prepped
for smart meters. (Student Housing)
• Installed advanced T&D equipment at substations in preparation for Smart
Grid

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.

Update on Pluq-In Stations (Information Only)

Kellee Christensen, Manager of Customer Project and Development and


Marketing, said that the Board of Water & Light is looking to deploy about 25
electric vehicles in the community.

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.

Update on MSU (Information Only)

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.

Sue Warren, Manager of Marketing and Business Strategies stated because of


the success of the Board of Water & Light's Energy Optimization Programs there
is a waiting list. With the way our programs were designed there were several
programs under residential and several programs under commercial and we
continue to add more. In 2011 we grew to a full portfolio of programs for our
customers. What we have found in the last year and a half of offering programs is
that it would be easier for our customers to apply for the programs and it would
be more flexible for us to be able to move funding around between programs.

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

On motion by Commissioner DeLuca, seconded by Commissioner Thomas to


excuse Commissioners Bossenbery and Lain from today's meeting.

Action: Carried unanimously.

Adjourn

On Motion by Commissioner Thomas, seconded by Commissioner Plummer, the


meeting adjourned at 6:40 p.m.

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.

Finance Committee Chairperson Margaret Bossenbery' called the meeting to


order and asked the Secretary to call the roll. The following members were
present: Commissioners Margaret Bossenbery, Dennis Louney, Marilyn
Plummer and Tracy Thomas. Alternate committee members Frank Lain and
Sandra Zerkle were present. Also present was Board member Tony DeLuca.

Absent: None.

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner Thomas, seconded by Commissioner Plummer to


approve the Finance Committee meeting minutes of July 13, 2010.

Action: Carried unanimously.

FY 2010 Audited Financial Statements - Plante Moran

General Manager J. Peter Lark introduced Douglas Rober, Managing Partner


with Plante & Moran (P&M). General Manager Lark thanked Board of Water &
Regular Board Mtg.
September 28, 2010
Page 7 of 18
Light's Gennie Eva, Manager of Financial Services and Miriam Mattison,
Accounting Supervisor who worked closely with Plante & Moran.

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:

• Internal Control over Financial Reporting


• Results of the Audit
• Other Recommendations
• Additional Information

Operating Revenue - Four-year Comparison Years Ended June 30

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.

Operating Expenses - Four-year Comparison Years Ended June 30

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.

Operating Income (Loss) Years Ended June 30

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.

Sales Source of Kilowatt Hours Generated Years Ended June 30

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.

Significant Power Costs Year Ended June 30

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.

Resolution for Revised Investment Policy for Defined Contribution Plan

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.

On motion by Commissioner Louney, seconded by Commissioner Thomas, to


move the proposed resolution for the Adoption of Revised Lansing Board of
Water & Light Employees' Defined Contribution Plan Investment Policy
Statement to the full board for consideration and approval.

Internal Audit Status Report

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.

Current Risk Assessment Activities include:


• Expenditures & AP Risk Assessment (75% completed)
• Inventory Accounts Risk Assessment (50% completed) .

Planned Activities for remainder of FY 2011 included:


• Equity Accounts Risk Assessment '
• Other Financial Risk Assessments
• Potential Audits
• Internal Quality Assessment Review
Regular Board Mtg.
September 28, 2010
Page 9 of 18
Other.

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.

There being no further business, the meeting adjourned at 6:35 p.m.

Respectfully submitted
Margaret Bossenbery, Chair
Finance Committee.

COMMITTEE OF THE WHOLE


September 14, 2010

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.

Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain,


Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle.

Absent: None

Public Comments

There were no public comments.

Approval of Minutes

Motion by Commissioner Thomas seconded by Commissioner Plummer to


approve the Committee of the Whole meeting minutes of August 10, 2010.

Action: Carried unanimously.

Reith-Riley Easement Modification

General Manager J. Peter Lark stated that this request by Reith-Riley is to


expand their easement in the vicinity of the Erickson Plant. In 1971 the Board of
Water .& Light purchased land from Reith-Riley in order to obtain needed water to
finish construction of the Erickson Plant. Reith-Riley retained an easement
because it wanted to construct a rail spur in the future and that time has come.
Reith-Riley will pay the Board of Water & Light in excess of $60,000 for the
easement. General Manager Lark asked that this resolution be referred to the
Board for approval.

Motion by Commissioner Zerkle, seconded by Commissioner DeLuca, to move


the proposed resolution for the Board of Water & Light Easement Grant to Reith-
Riley to the full board for consideration and approval.

Action: Carried unanimously


Regular Board Mtg.
September 28, 2010
Page 10 of 18

Other

Update on the Chevrolet Volt

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, Manager of Customer Projects and Development and


Marketing, stated that today was the public relations launch for the Chevrolet Volt
electric car in Michigan. Today officials and legislators were given an opportunity
to ride and drive the new vehicle.

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.

Traverse City Purchase Power Agreement

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.

On Motion by Commissioner Bossenbery, seconded by Commissioner Plummer,


the meeting adjourned at 5:55 p.m.

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

Tuesday, September 14, 2010

Present: Trustees Margaret Bossenbery, Tony DeLuca, Frank Lain, Marilyn


Plummer, Tracy Thomas and Sandra Zerkle.
Absent: None
Staff Present: General Manager J. Peter Lark, Assistant General Manager and
Chief Financial Officer Susan Devon, Director of Internal Audit Phil Perkins,
Manager of Finance and Planning Bill Aldrich, Marilyn Montgomery, Senior
Treasury Analyst, Scott Taylor, CPA, CTP, Supervisor, Treasury & Budgeting,
Executive Financial Assistant Heidi Myers and Corporate Secretary M. Denise
Griffin.
Consultants Present: From Merrill Lynch: Michael Muirhead Associate Financial
Advisor: From ICMA: Linda Brooks, Sandra Rouse-
Thames and John McCann
The Secretary declared a quorum.
Chairperson Zerkle called the meeting to order at 6:35 p.m.
On Motion by Trustee DeLuca and Seconded by Trustee Bossenbery to approve
the minutes of November 12, 2009 Pension Fund Trustees' Annual Meeting
Minutes.
Action: Motion Carried
Public Comments
There were no public comments.
Pension Plan Performance Reviews
General Manager J. Peter Lark introduced Susan Devon, Assistant General
Manager and Chief Financial Officer.
Ms. Devon, Assistant General Manager and Chief Financial Officer provided an
overview of the different Pension Plans. She stated that the packet the Board
received is broken down into plan areas, the Defined Benefit Plan, the Defined
Contribution Plan and the Post Retirement Benefit Plan. Each of the sections in
the packet includes general information consisting of the Plan and Trust
documents, the Audited Financial Statements, the Actuarial Study Report, the
Investment Policy Statement for each Plan and the Investment Results.

Defined Benefit Plan


Regular Board Mtg.
September 28, 2010
Page 12 of 18

Demographics

Executive Financial Assistant Heidi Myers provided the following demographics


for the Defined Benefit Plan.

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.

There are 41 DB active employees with an average age of 56 and an average of


27 years of service.

Fund Performance

Susan Devon, Assistant General Manager and Chief Financial Officer stated with
respect to the DB Fund Performance:

The BWL contributed $2.1 million to the DB Plan in FY2010. We had no


contribution in 2009. There was a $2.7 million increase in benefit payments to
retirees out of the plan compared to 2009. This was largely a result of $3.1
million payouts to the 5 retirees that took lump sum payments. Payouts ranged
from a high of $981,000 to $425,000.

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.

We will continue to evaluate Edgewood and other underperforming managers to


assure that they remain the best choices to meet the long term fund performance
goals of the Board of Water & Light.

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

Executive Financial Assistant Heidi Myers provided the following demographics


for the Defined Contribution Plan.

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.

Our employees can obtain information regarding their accounts in a number of


ways such as: Individual Meetings with ICMA Representatives, Group Meetings,
Internet and a call center.

Post-Retirement Plan

Demographics

Executive Financial Assistant Heidi Myers provided the following demographics


for the Post Retirement Plan.

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.

Participation was increased by 13 spouses who enrolled due to retirements, and


37 new entrants. Participation decreased by 42 deaths, 23 non-vested
terminations and 4 enrollment changes.

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.

The BWL made contributions of $11.6 million to the plan in FY10.

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

ACCEPTANCE OF 2010 AUDITED FINANCIAL STATEMENTS FOR DEFINED ,


BENEFIT PENSION PLAN, DEFINED CONTRIBUTION PENSION PLAN, AND
RETIREE. BENEFIT PLAN (VEBA)

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.
--------------------------

Staff comments: All three Plans received clean audit reports.

--------------------

Moved by Trustee Thomas, seconded by Trustee Bossenbery, to approve the


proposed resolution.

Action: Carried Unanimously

On Motion by Trustee Thomas and Seconded by Trustee Bossenbery to excuse


Trustee Louney from today's meeting.

Action: Motion Carried

On Motion by Trustee Lain and Seconded by Trustee Plummer with no further


business the Pension Fund Trustees meeting adjourned at 7:00 p.m.

Action: Motion Carried

Submitted by:
M. Denise Griffin
Corporate Secretary
Regular Board Mtg.
September 28, 2010
. Page 16 of 18
MANAGER'S RECOMMENDATIONS

TiON #.2010 09"=

BWL EASEMENT GRANT TO REITH-REILEY

RESOLVED, The Board of Commissioners hereby approves the grant of an


easement to Rieth-Riley Construction Co. Inc., to construct, operate, maintain,
and improve a railroad spur to Rieth-Riley's property and for no other use.

--------------------
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.
--------------------

Motion by Commissioner DeLuca, seconded by Commissioner Bossenbery to


approve the easement grant to Reith-Riley Contsruction Co. Incorporated.

Action: Carried Unanimously

;RESOLUTION #2010 09-02

ADOPTION OF REVISED LANSING BOARD OF WATER AND LIGHT


EMPLOYEES' DEFINED CONTRIBUTION PLAN
. INVESTMENT POLICY STATEMENT

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
---------------------

Staff Comments: The existing Investment Policy Statement is being revised to


provide a document that is more concise as well as more reflective of current
investment philosophy and terminology. The document provides appropriate
guidance for the selection of funds.

Motion by Commissioner Bossenbery, seconded by Commissioner Louney to


approve the adoption of the revised Defined Contribution Pension Plan Funding
Investment Policy Statement.

Action: Carried Unanimously

RESOLUTION #2010-09-03

ACCEPTANCE OF 2010 AUDITED FINANCIAL STATEMENTS FOR THE


DEFINED BENEFIT PLAN, DEFINED CONTRIBUTION PENSION PLAN, AND
RETIREE BENEFIT PLAN (VEBA)

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.

Staff comments: All three Plans received clean audit reports.

Motion by Commissioner Lain, seconded by Commissioner DeLuca for the


acceptance of the Fiscal Year 2010 Audited Financial Statements for the Defined
Benefit Plan, Defined Contribution Pension Plan and the Retiree Benefit Plan.

Action: Carried Unanimously

MANAGER'S REMARKS

Chili Cook=Off Awards

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.

A check in the amount of $5,000 was presented to Erik Larson, Executive


Director of the Impression Five Science Center. Mr. Larson thanked the Board of
Regular Board Mtg.
September 28, 2010
Page 18 of 18
Water & Light for the check as well as the Board's continued support. Mr. Larson
stated that the funds would be used to support the Adopt-A-River 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 introduced and thanked BWL's Environmental Lab


Supervisor, Lynn Adsit, for a job well done on the recent water quality lab
inspection, which is done every three years.. He stated that that there are two.
certified drinking water quality labs in Ingham County and they are DNRE and the
BWL. The Board had an exceptional inspection and is ranked in the top 5 of
drinking water quality labs in the Sate of Michigan.

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

There were no Commissioner's Remarks.

PUBLIC COMMENTS ,

There were no public comments.

EXCUSED ABSENCE

On motion by Commissioner Lain, seconded by Commissioner DeLuca to


excuse the absence of Commissioner Thomas from tonight's meeting.

Action: Carried unanimously.

ADJOURNMENT

On motion by Commissioner Lain, seconded by Commissioner Plummer the


meeting adjourned at 5:58 p.m.

M. Denise Griffin, Corporate Secretary


Preliminary Minutes filed with Lensing Oily Clerk on October 5, 2010
Final Approved Minutes filed with Lansing City Clerk on November 29, 2010
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 3, 2010

RE: Resolution-Authorizing issuance of general obligation limited tax bonds for


capital improvements-City Consolidated Garage

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

VB/rh
Attachment

"Equal Opportunity Employer"


Memo To: Virg Bernero, Mayor

Date: 12/02/2010

Fr®m: Jerry Ambrose, Chief of Staff

Re: Issuance of Bonds

I am submitting three resolutions which are related to the financing of certain


current and previous capital improvements.

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.

I am requesting that the resolutions be submitted to the City Council as quickly


as possible, because action needs to be completed before year's end. Thus, I am
also requesting that these resolutions be scheduled for Committee of the Whole
on December 6, 2010 so that timely consideration can be assured.

Thank you for your consideration.


City of Lansing

Inter-Departmental
Memorandum

To: Virg Bernero, Mayor

From: Jerry Ambrose- Chief of Staff

Subject: Resolution-Authorizing Issuance of General Obligation Limited Tax Bonds for


Capital hnprovements-City Consolidated Garage

Date: December 3, 2010

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

"Equal Opportunity Employer"


City of Lansing
Counties of Ingham and Eaton, State of Michigan
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
GENERAL OBLIGATION LIMITED TAX BONDS
FOR CAPITAL IMPROVEMENTS

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.

WHEREAS, the City of Lansing, Michigan (the "City") determines it to be


necessary for the public health, safety and welfare of the City and its residents to acquire,
construct, furnish and equip a consolidated garage and storage building(s) for City
vehicles including site preparation and improvement (collectively, the "Capital
Improvements"); and
WHEREAS, under the provisions of Section 517 of the Revised Municipal
Finance Act, Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") a City
may issue municipal securities to pay the cost of any capital improvement items within
the limitations provided by law; and
WHEREAS, a Notice to Electors of the City of intent to issue Bonds in an amount
not-to-exceed Three Million Two Hundred Thousand Dollars ($3,200,000) to finance the
Capital Improvements (the "Bonds") and right of referendum on the Bonds was published
in accordance with Act 34, the 45 day referendum period described in the Notice to
Electors has been completed, and no petitions for referendum were filed with the City
Clerk; and
WHEREAS, the American Recovery and Reinvestment Act of 2009 (the
"ARRA") added sections to the Internal Revenue Code of 1986, as amended (the
"Internal Revenue Code") to provide for the issuance of Recovery Zone Economic
Development Bonds and Build America Bonds by local units of government such as the
City; and
WHEREAS, the City Council has designated the entire City as a Recovery Zone
and designated the Bonds as Recovery Zone Economic Development Bonds; and
WHEREAS, the City wishes to have the options to sell the Bonds in one or more
series as "Recovery Zone Economic Development Bonds" (entitling the City to a 45%
credit on interest due), as taxable "Build America Bonds" (entitling the City to a 35%
credit on interest due), or as traditional tax exempt bonds, in reliance on the advice of the
City's financial consultant, Stauder, Barch & Associates, Inc. (the "Financial
Consultant"); and
WHEREAS, given the volatile nature of the bond market and the special tax
concerns relating to the issuance of the Bonds as Recovery Zone Economic Development
Bonds or Build America Bonds, and in order to achieve sale efficiencies so as to reduce
the cost of issuance and interest expense, it is determined in the best interests of the City
to negotiate the sale of the Bonds; and
WHEREAS, the City has received a proposal from Robert W. Baird & Co. (the
"Underwriter") to act as managing underwriter for the Bonds at a negotiated sale; 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. The Bonds are authorized to be issued in the aggregate principal sum of
not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) for the
purpose of paying all or part of the costs of acquiring and constructing the Capital
Improvements, including payment of engineering, financial and legal expenses and costs
incidental to the issuance, sale and delivery of the Bonds.
The Authorized Officer is hereby authorized to determine, based upon the advice
of the Financial Consultant, whether to sell the Bonds in one or more series on a tax
exempt basis or on a taxable basis as Recovery Zone Economic Development Bonds or
Build America Bonds. Each series of Bonds, if more than one, shall comprise only one
type of Bonds as described in the preceding sentence. The aggregate principal amount of
each series of the Bonds shall be determined by the Authorized Officer upon sale of the
Bonds in consultation with bond counsel and the Financial Consultant.
The Bonds shall be designated as the 2010 GENERAL OBLIGATION LIMITED
TAX BONDS. If a series of the Bonds is sold as Recovery Zone Economic Development
Bonds then the Bonds shall have the additional designation of "(Taxable - Recovery
Zone Economic Development Bonds)" or other designation selected by the Authorized
Officer. If a series of the Bonds is sold as Build America Bonds then the Bonds shall
have the additional designation of "(Taxable - Build America Bonds - Direct Pay)" or
other designation selected by the Authorized Officer. 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 and the Debt Retirement Fund and Construction Fund
(each defined below) 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 tern bonds
on the dates and in the amounts as shall be determined by the Authorized Officer at the
time of sale of the Bonds. If more than one series of Bonds is sold then the two series
may be treated as a single issue under the same authorization for the purpose of fixing
maturities under Section 503 of Act 34.
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 fore by DTC, payment shall be made in the manner
prescribed by DTC.
The Bonds may be subject to optional redemption, and/or extraordinary optional
redemption, and/or mandatory redemption prior to maturity as detennined by the
Authorized Officer at the time of sale of the Bonds. 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 City expressly and irrevocably pledges its full faith and credit for the
prompt and timely payment of the principal of and interest on the Bonds. The Bonds
shall be payable, as a first budget obligation, from the general fund of the City, and the
City shall levy annually ad valorem taxes on all the taxable property in the City which,
taking into consideration estimated delinquencies in tax collections, shall be fully
sufficient to pay the principal and interest on the Bonds provided, however, that if at the
time of making any such tax levy there shall be other legally available funds for the
payment of principal of and interest on the Bonds, then credit therefor may be taken
against the levy for payment of the Bonds. The levy shall be subject to constitutional,
statutory and charter tax rate limitations.
4. The City Treasurer is authorized and directed to open a separate
depository or trust account with a bank or trust company to be designated as the 2010
GENERAL OBLIGATION LIMITED TAX BOND DEBT RETIREMENT FUND (the
"Debt Retirement Fund"). The Debt Retirement Fund may be pooled or combined with
other debt retirement funds for issues of bonds of like character as provided by Act 34 or
other state law. An amount sufficient to assure timely payment of the principal of and
interest on the Bonds shall be transferred each year from the general fund of the City or
other funds legally available therefor into the Debt Retirement Fund. The moneys
deposited in the fund shall be used solely for the purpose of paying the principal of and
interest on the Bonds and, as may be necessary, to rebate arbitrage earnings, if any, to the
United States Department of Treasury as required by the Internal Revenue Code. The
accrued interest and premium, if any, received upon delivery of the Bonds may also be
deposited in the Debt Retirement Fund. The City may provide for the payment of
principal of any of the Bonds issued as term bonds through the purchase of municipal
securities in the open market at a price not greater than that payable on the next
redemption date in order to satisfy all or part of the next succeeding scheduled mandatory
redemption.
In the event a deposit of trust is made of cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by the United
States, or a combination thereof, the principal of and interest on which, without
reinvestment, come due at times and in amounts sufficient to pay at maturity or
irrevocable call for earlier optional or mandatory redemption, the principal of, premium,
if any, and interest on the Bonds, this Resolution shall be defeased and the owners of the
Bonds shall have no further rights under this Resolution except to receive payment of the
principal of; premium, if any, and interest of the Bonds from the cash or securities
deposited in trust and the interest and gains thereon and to transfer and exchange Bonds
as provided herein.
5. The City Treasurer is authorized and directed to create a fund designated
as the 2010 GENERAL OBLIGATION LIMITED TAX BOND CONSTRUCTION
FUND (the "Construction Fund"). The City Treasurer shall deposit the proceeds of the
Bonds into the Construction Fund, less accrued interest and premium, if any, which may
be deposited into the Debt Retirement Fund at the discretion of the Authorized Officer.
The moneys in the Construction Fund shall be used to pay the costs of the Capital
Improvements and to pay the costs of issuance of the Bonds. Moneys remaining in the
Construction Fund after completion of the Capital Improvements may be used for any
purpose permitted by law, and, for any series of Bonds sold on a tax-exempt basis, if
bond counsel advises the City that such use will not cause the interest on the Bonds to be
included in gross income for federal income tax purposes within the meaning of the
Internal Revenue Code, and, for any series of Bonds for which the City wishes to receive
a direct payment credit from the United States Treasury, if bond counsel advises the City
that such use will not cause the Bonds to no longer qualify for the credit.
6. 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
2010 GENERAL OBLIGATION LIMITED TAX BOND
[(Taxable - Recovery Zone Economic Development Bonds)]

Interest Rate Date of Maturity Date of Original Issue CUSIP

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.

[EXTRAORDINARY OPTIONAL REDEMPTION]


[If the United States Department of Treasury or any agency of the United States
of America at any time cease to remit to the City all or any part of the interest rate
subsidy payable with respect to the Bonds in accordance with Section 6431 of the
Internal Revenue Code of 1986, as amended (the "Internal Revenue Code"), applied as
provided in Section 1400U-2 of the Internal Revenue Code, for any reason other than one
attributable to the action or inaction of the City, the City has the right to redeem and retire
all or any part of the principal amount of the Bonds then outstanding in multiples of
$5,000 within a single maturity in such order of maturity as the City shall determine and
within a single maturity by lot on any date at a redemption price of % of par plus
accrued interest to the redemption date.]

[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

This bond is one of the bonds described in the within-mentioned resolution.

Transfer Agent

By
Its Authorized Representative
Date of Authentication:

[INSERT STANDARD FORM OF ASSIGNMENT]


7. If a series of the Bonds is issued as Recovery Zone Economic
Development Bonds or Build America Bonds, then the Authorized Officer is hereby
directed to elect, on behalf of the City, to qualify the Bonds as such as required by the
Internal Revenue Code, and to make such representations and agreements in certificates
delivered at the time of delivery of the Bonds as may be necessary to qualify the Bonds
as Recovery Zone Economic Development Bonds or Build America Bonds and receive
the direct payment credit from the United States Treasury, and to take all other actions
necessary or advisable, and to make such other filings with any parties, including the
Internal Revenue Service, to request the payment of the appropriate credits from the
United States Treasury.
8. If a series of the Bonds is issued on a tax-exempt basis, the City hereby
covenants that, to the extent permitted by law, it shall take all actions within its control
and that it shall not fail to take any action necessary to maintain the exclusion of the
interest on the Bonds from adjusted gross income for general federal income tax purposes
under the Internal Revenue Code including, but not limited to, actions relating to any
required rebate of arbitrage earnings and the expenditures and investment of Bond
proceeds and moneys deemed to be Bond proceeds. If a series of the Bonds is issued on
a tax-exempt basis, then the Authorized Officer may designate such series of Bonds as
"qualified tax exempt obligations" for purposes of deduction of interest expense by
financial institutions if he or she expects the series of Bonds to qualify based on the
aggregate amount of bonds to be issued by the City within the calendar year. Any such
designation shall be evidenced by execution of the Non-Arbitrage and Tax Compliance
Certificate or other certificate to be signed by the Authorized Officer for the Bonds.
9. The City shall not invest, reinvest or accumulate any moneys deemed to
be proceeds of the Bonds pursuant to the Internal Revenue Code, in such a manner as to
cause the Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue
Code.
10. The estimated period of usefulness of the Capital Improvements to be
constructed and acquired with proceeds of the Bonds is hereby declared to be not less
than 20 years. The total cost of the Capital Improvements is estimated to be not less than
Three Million Two Hundred Thousand Dollars ($3,200,000).
11. Given the volatile nature of the bond market, special tax concerns relating
to the issuance of the Bonds as Recovery Zone Economic Development Bonds or Build
America Bonds, in order to enable the City to select and adjust terms for the Bonds and
allow more flexibility in accessing the municipal bond market to better assure compliance
with pricing restrictions applicable to Recovery Zone Economic Development Bonds and
Build America Bonds, and in order to achieve sale efficiencies so as to reduce the cost of
issuance and interest expense, it is detennined in the best interests of the City to negotiate
the sale of the Bonds.
Based upon the advice of the Financial Consultant, the City hereby names Robert
W. Baird & Co. as managing underwriter for the Bonds. The City reserves the right to
name additional co-managers and/or to develop a selling group. The Authorized Officer
is authorized to negotiate a Bond Purchase Agreement with the Underwriter. By
adoption of this Resolution the City assumes no obligations or liability to the Underwriter
for any loss or damage that may result to the Underwriter from the adoption of this
Resolution, and all costs and expenses incurred by the Underwriter in preparing for sale
of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds are issued, except
as may be otherwise provided in the Bond Purchase Agreement to be signed by the City
at the time of sale of the Bonds.
The City hereby requests that Miller, Canfield, Paddock and Stone, P.L.C.
continue to serve as the City's bond counsel notwithstanding representation by Miller,
Canfield, in matters unrelated to the Bonds, of Robert W. Baird & Co. and potential
selling group members in connection with matters unrelated to issuance of the Bonds.
12. The Authorized Officer is authorized to apply for one or more ratings on
the Bonds as shall be recommended by the Financial Consultant. If the Financial
Consultant recommends that the City consider purchase of municipal bond insurance then
the Authorized Officer is hereby authorized and directed, on behalf of the City, to apply
for municipal bond insurance, to negotiate with insurers regarding acquisition of
municipal bond insurance, and, in consultation with the Financial Consultant, to select an
insurer and determine which Bonds, if any, shall be insured.
13. The Authorized Officer is authorized to approve circulation of a
preliminary official statement describing the Bonds and to deem such Preliminary
Official Statement "final" for purposes of compliance with Securities and Exchange
Commission Rule 15c2-12.
14. The Authorized Officer is hereby authorized, on behalf of the City, subject
to the provisions and limitations of this Resolution, to negotiate sale of the Bonds to the
Underwriter, and to accept an offer by the Underwriter to purchase the Bonds without
further resolution of this Board. This authorization includes, but is not limited to,
issuance of the Bonds in one or more series on a tax exempt basis or on a taxable basis as
Recovery Zone Economic Development Bonds or Build America Bonds, determination
of original principal amount of each series of the Bonds; the prices at which the Bonds
are sold; underwriter's discount for the Bonds, the date of the Bonds; the schedule of
principal maturities and whether the Bonds shall mature serially or as tern bonds; the
provisions for early redemption including mandatory redemption of term bonds, if any;
and the interest rates and payment dates of the Bonds. The Authorized Officer is
authorized to sign the Bond Purchase Agreement on behalf of the City.
The maximum interest rate on the Bonds shall not exceed 8.00% per annum. The
true interest cost of the Bonds, after taking into account anticipated credit payments from
the United States Treasury for Recovery Zone Economic Development Bonds or Build
America Bonds, shall not exceed 5.00%. The date of the first maturity shall not be earlier
than 2011, and the Bonds shall mature in not to exceed 20 annual installments. The
underwriter's discount for the Bonds shall not be greater than 1.00% ($10.00 per $1,000
of bonds) of the principal amount of the Bonds.
In making such determinations the Authorized Officer is authorized to rely upon
data and computer runs provided by the Financial Consultant. Approval of the matters
delegated to the Authorized Officer under this Resolution may be evidenced by execution
of the Bond Purchase Agreement or the Official Statement by the Authorized Officer.
15. After sale of the Bonds, the Authorized Officer is authorized to prepare,
execute and deliver a final Official Statement describing the Bonds.
16. The City hereby agrees to enter into a Continuing Disclosure Undertaking
Agreement (the "Continuing Disclosure Undertaking Agreement") in order to enable the
Underwriter to comply with the requirements of Rule 15c2-12 promulgated by the
Securities and Exchange Commission. The Authorized Officer is authorized to execute
and deliver the Continuing Disclosure Undertaking Agreement on behalf of the City in
substantially the form which the Authorized Officer shall, in consultation with Bond
Counsel, determine to be appropriate.
17. Internal Revenue Code requirements relating to Recovery Zone Economic
Development Bonds and Build America Bonds impose limitations on use of Bond
proceeds to pay costs of issuance. The officers, administrators, and agents of the City are
authorized and directed to use monies legally available to the City to pay costs of
issuance of the Bonds including but not limited to rating agency fees, costs of printing the
Bonds and the preliminary and final official statements, publication of notices, financial
consultant fees, transfer agent fees, bond counsel fees, and any other costs necessary to
accomplish sale and delivery of the Bonds.
18. In the event that neither of the Authorized Officers is available to
undertake responsibilities delegated to them under this Resolution, then an officer of the
City designated by one of the Authorized Officers is authorized to take such actions. The
officers, administrators, agents and attorneys of the City are authorized and directed to
take all other actions necessary and convenient to facilitate issuance and sale of the
Bonds and expenditure of Bond proceeds, and to execute and deliver all other
agreements, documents and certificates and to take all other actions necessary or
convenient to complete the issuance, sale, and delivery of the Bonds and expenditure of
Bond proceeds in accordance with this Resolution, including appropriation and transfer
of Bond proceeds as appropriate, and payment of costs necessary to accomplish sale and
delivery of the Bonds.
19. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly
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 Members were present at said meeting:

and that the following Members


were absent:
I further certify that Member moved for adoption
of said resolution and that Member supported said
motion.
I further certify that the following Members voted for adoption of said resolution:

and that the following Members


voted against adoption of said resolution:

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)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 3, 2010

RE: Resolution- Authorizing issuance of 2010 Unlimited General Obligation


Refunding Bonds

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

VB/.rh
Attachment

"Equal Opportunity Employer"


Memo To: Virg Bernero, Mayor

Date: 12/02/2010

From: Jerry Ambrose, Chief of Staff

Re: Issuance of Bonds

I am submitting three resolutions which are related to the financing of certain


current and previous capital improvements.

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.

I am requesting that the resolutions be submitted to the City Council as quickly


as possible, because action needs to be completed before year's end. Thus, I am
also requesting that these resolutions be scheduled for Committee of the Whole
on December 6, 2010 so that timely consideration can be assured.

Thank you for your consideration.


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Jerry Ambrose, Chief of Staff

Subject: Resolution- Authorizing issuance of 2010 Unlimited General Obligation Refunding


Bonds

Date: December 3, 2010

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

"Equal Opportunity Employer"


City of Lansing
Counties of Ingham and Eaton, State of Michigan
RESOLUTION AUTHORIZING ISSUANCE AND SALE OF
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS

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

Interest Rate Date of Maturity Date of Original Issue CUSIP

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

This bond is one of the bonds described in the within-mentioned resolution.

Transfer Agent

By
Its Authorized Representative
Date of Authentication:

[INSERT STANDARD FORM OF ASSIGNMENT]


4. The Authorized Officer shall designate a bank or trust company to serve as
escrow trustee (the "Escrow Agent"). In order to secure payment of the Prior Bonds
being refunded, the City will enter into an Escrow Agreement (the "Escrow Agreement")
with the Escrow Agent which shall provide for the creation of a fund designated as the
CITY OF LANSING - 20 UNLIMITED TAX GENERAL OBLIGATION
REFUNDING BONDS ESCROW FUND (the "Escrow Fund"). The Escrow Agreement
shall irrevocably direct the Escrow Agent to hold the Escrow Fund in trust for the
payment of the principal of and interest on the Prior Bonds being refunded, and to take all
necessary steps to call for redemption of any Prior Bonds specified by the Authorized
Officer upon sale of the Bonds, including publication and mailing of redemption notices,
on any date specified by the City on which the Prior Bonds may be called for redemption.
The Authorized Officer is hereby authorized to execute and deliver the Escrow
Agreement and to purchase, or cause to be purchased, escrow securities, including, but
not limited to, United States Treasury Obligations - State and Local Government Series
(SLGS), in an amount sufficient to fund the Escrow Fund.
The Authorized Officer is hereby authorized to transfer monies from the debt
retirement fund for the Prior Bonds to the Escrow Fund created under the Escrow
Agreement, to be invested as provided in the Escrow Agreement and to be used to pay
principal and interest on the Prior Bonds being refunded. The amount to be transferred
under this section shall be an amount which will enable the interest on the Bonds and the
Prior Bonds to be, or continue to be, excluded from gross income for federal income tax
purposes as determined by bond counsel.
5. The City Treasurer is authorized and directed to open a separate
depository or trust account with a bank or trust company to be designated as the CITY
OF LANSING - 20 UNLIMITED TAX GENERAL OBLIGATION REFUNDING
BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"). All proceeds from
taxes levied for the Debt Retirement Fund shall be deposited into the Debt Retirement
Fund as collected. There shall be levied upon the tax rolls of the City for the purpose of
the Debt Retirement Fund each year, in the manner required by the provisions of Act 34,
Public Acts of Michigan, 2001, as amended, an amount sufficient so that the estimated
collection therefrom will be sufficient to promptly pay, when due, the principal of and
interest on the Bonds becoming due prior to the next annual tax levy; provided, however,
that if at the time of making any such annual tax levy there shall be other funds available
or surplus moneys on hand in the Debt Retirement Fund for the payment of principal of
and interest on the Bonds, then credit therefor may be taken against such annual levy for
the Debt Retirement Fund. The moneys to be deposited into the Debt Retirement Fund
will be specifically earmarked and used solely for the purpose of paying principal of and
interest on the Bonds. Accrued interest and premium received upon delivery of the
Bonds shall also be deposited in the Debt Retirement Fund as provided below.
In the event cash, or direct obligations of the United States, or obligations the
principal of and interest on which are guaranteed by the United States, or a combination
thereof, the principal of and interest on which, without reinvestment, come due at times
and in amounts sufficient to pay at maturity or irrevocable call for earlier redemption, the
principal of, premium, if any, and interest on the Bonds, shall be deposited in trust, this
resolution shall be defeased and the owners of the Bonds shall have no further rights
under this resolution except to receive payment of the principal of, premium, if any, and
interest of the Bonds from the cash or securities deposited in trust and the interest and
gains thereon and to transfer and exchange Bonds as provided herein.
The Debt Retirement Fund may be pooled or combined with other debt retirement
funds for issues of bonds of like character as provided by Act 34, Public Acts of
Michigan, 2001, as amended, or other state law.
6. Upon receipt of the proceeds of sale of the Bonds, the accrued interest and
premium, if any, shall be deposited in the Debt Retirement Fund and used to pay interest
on the Bonds on the first interest payment date, provided, however, that at the discretion
of the Authorized Officer, all or a portion of any premium received upon delivery of the
Bonds may be deposited in the Escrow Fund.
There shall be deposited to the Escrow Fund from Bond proceeds monies which
shall be invested only as described in the Escrow Agreement and which shall be used by
the Escrow Agent solely to pay the principal of and interest on the Prior Bonds being
refunded. The amount in the Escrow Fund and the investment proceeds to be received
thereon will be sufficient, without reinvestment, to pay the principal of and interest on the
Prior Bonds being refunded as they become due pursuant to maturity or the call for
redemption.
The remaining proceeds of the Bonds shall be used to pay the costs of issuance of
the Bonds. At the option of the Authorized Officer, the costs of the issuance may be paid
from a fund established for that purpose in the Escrow Agreement. Any monies
remaining after payment of costs of issuance and costs of refunding the Prior Bonds shall
be transferred to the Debt Retirement Fund.
7. The City shall not invest, reinvest or accumulate any moneys deemed to
be proceeds of the Bonds or the Prior Bonds pursuant to the Internal Revenue Code of
1986, as amended in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of the Internal Revenue Code. The City hereby covenants that, to the extent
permitted by law, it will take all actions within its control and that it shall not fail to take
any action as may be necessary to maintain the exemption of interest on the Bonds from
gross income for federal income tax purposes, including but not limited to, actions
relating to the rebate of arbitrage earnings, if applicable, and the expenditure and
investment of bond proceeds and moneys deemed to be bond proceeds, all as more fully
set forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by the City
on the date of delivery of the Bonds.
8. The Authorized Officer may designate the Bonds as "qualified tax exempt
obligations" for purposes of deduction of interest expense by financial institutions
pursuant to the Internal Revenue Code if he or she expects the Bonds to qualify based on
the aggregate amount of bonds to be issued by the City within the calendar year. Any
such designation shall be evidenced by execution of the Non-Arbitrage and Tax
Compliance Certificate or other certificate to be signed by the Authorized Officer for the
Bonds.
9. The City requests Stauder, Barch and Associates to continue as Financial
Consultant to the City to assist in preparation and planning for the sale of the Bonds.
10. The City Council hereby determines to sell the Bonds at a negotiated sale
instead of a competitive sale for the reason that a negotiated sale will permit the City to
enter the market on short notice at a point in time which appears to be most advantageous
or sell the Bonds by private placement, and thereby possibly obtain a lower rate of
interest on the Bonds and the most favorable price for purchase of securities to be
escrowed for payment of the Prior Bonds to be refunded.
11. Based upon the advice of the Financial Consultant, the City hereby names
Robert W. Baird & Co. (the "Underwriter") as managing underwriter for the Bonds. The
City reserves the right to name additional co-managers and/or to develop, a selling group.
The Authorized Officer is authorized to negotiate a bond purchase agreement with the
Underwriter. By adoption of this Resolution the City assumes no obligations or liability
to the Underwriter for any loss or damage that may result to the Underwriter from the
adoption of this Resolution, and all costs and expenses incurred by the Underwriter in
preparing for sale of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds
are issued, except as may be otherwise provided in the bond purchase agreement to be
signed by the City at the time of sale of the Bonds.
In the alternative, based upon the advice of the Financial Consultant the
Authorized Officer is authorized to negotiate the sale of the Bonds on a private placement
basis to PNC Bank, National Association, and, if necessary or advisable, to retain PNC
Capital Markets as placement agent.
12. The City hereby requests that Miller, Canfield, Paddock and Stone, P.L.C.
continue to serve as the City's bond counsel notwithstanding representation by Miller,
Canfield, in matters unrelated to the Bonds, of Robert W. Baird & Co., potential selling
group members, or PNC Bank in connection with matters unrelated to issuance of the
Bonds.
13. The Authorized Officer is authorized to apply for one or more ratings on
the Bonds as shall be recommended by the Financial Consultant. If the Financial
Consultant recommends that the City consider purchase of municipal bond insurance,
then the Authorized Officer is hereby authorized and directed, on behalf of the City, to
apply for municipal bond insurance, to negotiate with insurers regarding acquisition of
municipal bond insurance, and, in consultation with the Financial Consultant, to select an
insurer and determine which Bonds, if any, shall be insured.
14. The Authorized Officer is authorized to approve circulation of a
Preliminary Official Statement describing the Bonds and to deem such Preliminary
Official Statement "final" for purposes of compliance with Securities and Exchange
Commission Rule 15c2-12.
15. The Authorized Officer is hereby authorized, on behalf of the City, subject
to the provisions and limitations of this resolution, to negotiate sale of the Bonds and to
accept an offer to purchase the Bonds without further resolution of this City Council.
This authorization includes, but is not limited to, determination of original principal
amount of the Bonds; the prices at which the Bonds are sold; the date of the Bonds; the
schedule of principal maturities and whether the Bonds shall mature serially or as term
bonds; the provisions for early redemption including mandatory redemption of term
bonds, if any; and the interest rates and payment dates of the Bonds. The Authorized
Officer is authorized to sign a bond purchase agreement on behalf of the City.
The Bonds shall not be sold unless the issuance of the Bonds and the refunding of
Prior Bonds produce net present value savings to the City of at least 2.00% after payment
of costs of issuance. The true interest cost of the Refunding Bonds shall not exceed
4.00%. The first maturity of principal on the Bonds shall occur no earlier than 2011, and
the date of the final maturity shall not be later than 2019. The underwriter's discount or
placement/purchaser's fee for the Bonds shall not be greater than 1.00% ($10.00 per
$1,000 of bonds) of the principal amount of the Bonds. In making such determinations
the Authorized Officer is authorized to rely upon data and computer runs provided by the
Financial Consultant. Approval of the matters delegated to the Authorized Officer under
this resolution may be evidenced by execution of the bond purchase agreement or the
Official Statement by the Authorized Officer.
16. After sale of the Bonds, the Authorized Officer is authorized to prepare,
execute and deliver a final Official Statement describing the Bonds.
17. The City hereby agrees to enter into a Continuing Disclosure Undertaking
Agreement (the "Continuing Disclosure Undertaking Agreement") in order to enable the
Underwriter to comply with the requirements of Rule 15c2-12 promulgated by the
Securities and Exchange Commission. The Authorized Officer is authorized to execute
and deliver the Continuing Disclosure Undertaking Agreement on behalf of the City in
substantially the form which the Authorized Officer shall, in consultation with Bond
Counsel, determine to be appropriate.
18. The Authorized Officer is hereby directed to select an independent
certified public accountant to serve as verification agent to verify that the securities and
cash to be deposited to the Escrow Fund will be sufficient to provide, at the times and in
the amounts required, sufficient moneys to pay the principal of and interest on the Prior
Bonds being refunded as they become due.
19. In the event that neither of the Authorized Officers is available to
undertake responsibilities delegated to them under this Resolution, then an officer of the
City designated by one of the Authorized Officers is authorized to take such actions. The
officers, administrators, agents and attorneys of the City are authorized and directed to
take all other actions necessary and convenient to facilitate issuance and sale of the
Bonds and expenditure of Bond proceeds, and to execute and deliver all other
agreements, documents and certificates and to take all other actions necessary or
convenient to complete the issuance, sale, and delivery of the Bonds and expenditure of
Bond proceeds in accordance with this Resolution, including appropriation and transfer
of Bond proceeds as appropriate, and payment of costs necessary to accomplish sale and
delivery of the Bonds including but not limited to rating agency fees, costs of printing the
Bonds and the preliminary and final official statements, publication of notices, financial
consultant fees, transfer agent fees, bond counsel fees, placement agent fees, and any
other costs necessary to accomplish sale and delivery of the Bonds.
20. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly
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 Members were present at said meeting:

and that the following Members


were absent:
I further certify that Member moved for adoption of said
resolution and that Member supported said motion.
I further certify that the following Members voted for adoption of said resolution:

and that the following Members voted


against adoption of said resolution:

City Clerk

18,578,346.3\050796-00054
1.6 -ii-i

OFFICE OF THE MAYOR


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

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 3, 2010

RE: Resolution- Authorizing Issuance of Revenue Bonds-Refunding Part of the


Outstanding Sewage Disposal System Bonds

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

VB/rh
Attachment

"Equal Opportunity Employer" .


Memo To: Virg Bernero, Mayor

Date: 12/02/2010

F ®m: Jerry Ambrose, Chief of Staff

Re: Issuance of Bonds

I am submitting three resolutions which are related to the financing of certain


current and previous capital improvements.

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.

I am requesting that the resolutions be submitted to the City Council as quickly


as possible, because action needs to be completed before year's end. Thus, I am
also requesting that these resolutions be scheduled for Committee of the Whole
on December 6, 2010 so that timely consideration can be assured.

Thank you for your consideration.


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Jerry Ambrose, Chief of Staff

Subject: Resolution- Authorizing Issuance of Revenue Bonds-Refunding Part of the


Outstanding Sewage Disposal System Bonds

Date: December 3, 2010

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

"Equal Opportunity Employer"


City of Lansing
Counties of Ingham and Eaton, State of Michigan
ORDINANCE NO.

AN ORDINANCE ENACTED UNDER THE PROVISIONS OF ACT 94,


PUBLIC ACTS OF MICHIGAN, 1933, AS AMENDED, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF
REFUNDING A PART OF THE OUTSTANDING SEWAGE DISPOSAL SYSTEM
REVENUE BONDS, AND TO PAY CERTAIN COSTS RELATING THERETO;
PROVIDING THAT THE REFUNDING BONDS SHALL BE OF EQUAL STANDING
AND PRIORITY OF LIEN WITH OUTSTANDING SEWAGE DISPOSAL SYSTEM
REVENUE BONDS OF THE CITY ISSUED UNDER THE PROVISIONS OF ACT 94,
AND ORDINANCES No. 29-A, 31-A, 35-A, 838, 873, 993 AND No. 0544 OF THE
CITY; PROVIDING FOR THE RETIREMENT AND SECURITY OF THE
REFUNDING BONDS HEREIN AUTHORIZED, AND PROVIDING FOR OTHER
MATTERS RELATIVE THERETO.
WHEREAS, the City of Lansing, Counties of Ingham and Eaton, State of
Michigan (the "City") by Ordinance No. 29-A, as amended and supplemented by
Ordinances No.31-A, 35-A, 838, 873, 993 and No. 0544 (the "Outstanding Bond
Ordinances"), has provided for the issuance of the City's Sewage Disposal System
Revenue Bonds; and
WHEREAS, the City has heretofore issued and sold Sewage Disposal System
Revenue and Revenue Refunding Bonds, Series 1998, dated as of September 15, 1998
(the "1998 Bonds") in the original aggregate principal sum of $26,415,000 under the
provisions of the Outstanding Bond Ordinances, for the purposes of financing acquisition
and construction of certain improvements and extensions to the existing sanitary Sewage
Disposal System of the City (the "System") and to refund certain Sewage Disposal
System Revenue Bonds which were outstanding at that time; 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 all or a portion of the outstanding 1998 Bonds through the issuance of revenue
refunding bonds in an aggregate principal amount of not to exceed $3,750,000 (the
"Refunding Bonds"); and
WHEREAS, Section 19 of Ordinance No. 29-A authorizes the issuance of
revenue bonds of equal standing and priority of lien with the outstanding bonds
authorized by the Outstanding Bond Ordinances as follows:
(b) For refunding a part of the outstanding Bonds and paying
costs of issuing such Additional Bonds including deposits which may be
required to be made to the Bond Reserve Account. No Additional Bonds
shall be issued pursuant to this subsection unless the maximum amount of
principal and interest maturing in any operating year after giving effect to
the refunding shall be less than the maximum amount of principal and
interest maturing in any operating year prior to giving effect to the
refunding.
AND WHEREAS, the City will issue the proposed Refunding Bonds only if the
maximum amount of principal and interest of the Refunding Bonds maturing in each
operating year will be less than the maximum amount of principal and interest of the
1998 Bonds being refunded (the "Refunded Bonds") maturing in such operating year, and
thereby permit the City to meet the requirements of Section 19 of Ordinance No. 29-A
therefor; and
WHEREAS, all things necessary to the authorization and issuance of the
Refunding Bonds under the Constitution and laws of the State of Michigan, and the
Charter and Ordinances of the City and particularly Act 94, Public Acts of Michigan,
1933, as amended, and the Outstanding Bond Ordinances have been done or will be done,
and the Council is now empowered and desires to authorize the issuance of the Refunding
Bonds.
NOW, THEREFORE, THE CITY OF LANSING ORDAINS:
Section 1. Definitions. All terms not defined herein shall have the meanings
set forth in the Outstanding Bond Ordinances and whenever used in this Ordinance,
except when otherwise indicated by the context, the following terms shall have the
following meanings:
(a) "1998 Bonds" means the outstanding Sewage Disposal System
Revenue and Revenue Refunding Bonds, Series 1998, dated September 30, 1998.
(b) "Authorized Officer" means either the Finance Director or the Budget
Director.
(c) "Escrow Agreement" means the Escrow Agreement described in
Section 6 of this Ordinance to provide for payment of principal of and interest on
the 1998 Bonds to be refunded.
(d) "Escrow Fund" means the Escrow Fund established pursuant to the
Escrow Agreement to hold the cash and investments necessary provide for
payment of principal of and interest on the 1998 Bonds to be refunded.
(e) "Outstanding Bonds" means the outstanding 1998 Bonds and the
outstanding Sewage Disposal System Revenue and Revenue Refunding Bonds,
Series 2003, dated December 18, 2003.
(f) "Outstanding Bond Ordinances" means Ordinance No. 29-A as
supplemented by Ordinance No. 30-A, Ordinance No. 31-A, Ordinance No. 35-A,
Ordinance No. 838, Ordinance No. 873, Ordinance No. 993 and Ordinance No.
0544.
(g) "Refunded Bonds" means the maturities of the 1998 Bonds or portions
thereof refunded with proceeds of the Refunding Bonds.
(h) "Refunding Bonds" means the sewage disposal system revenue
refunding bonds authorized by Section 3 of this Ordinance for the purpose of
refunding all or a portion of the 1998 Bonds.
Section 2. Conditions Permitting Issuance of Additional Bonds; Necessity.
Pursuant to Section 19 of Ordinance No. 29-A, the City Council hereby determines that
Refunding Bonds shall be issued and sold only if the maximum amount of principal and
interest of the Refunding Bonds maturing in each operating year will be less than the
maximum amount of principal and interest of the Refunded Bonds maturing in such
operating year. If sale of the Refunding Bonds will accomplish savings in the amount
provided in Section 15 of this Ordinance after payment of costs of issuance of the
Refunding Bonds, then it is hereby determined to be necessary for the public health and
welfare of the City to refund all or a portion of the 1998 Bonds through issuance of the
Refunding Bonds.
The City Council hereby determines that the maturities of the 1998 Bonds which
remain outstanding were entirely allocated to financing acquisition and construction of
improvements and extensions to the System and were not allocated to refunding prior
bonds.
Section 3. Refunding of 1998 Bonds; Refunding Bonds Authorized. To pay
costs of refunding all or any portion of the 1998 Bonds, including the payment of the
costs of legal, financial, bond insurance, underwriter's discount and other expenses
incident thereto and incident to the issuance and sale of the Refunding Bonds, the City
shall borrow the sum of not to exceed Three Million Seven Hundred Fifty Thousand
Dollars ($3,750,000) as finally determined upon the sale thereof, and issue the Refunding
Bonds therefor pursuant to the provisions of Act 94, said Refunding Bonds to have equal
standing and priority of lien with any Outstanding Bonds which are not refunded
pursuant to this Ordinance.
Section 4. Refunding Bond Data. The Refunding Bonds shall be designated
SEWAGE DISPOSAL SYSTEM REVENUE REFUNDING BONDS, SERIES 2010 and
shall not be a general obligation of the City but shall be payable solely out of the Net
Revenues. If the Refunding Bonds are sold or delivered after December 31, 2010 then
the Authorized Officer may change the word "2010" in the designated name of the
Refunding Bonds to the year in which they will be sold or delivered. The Refunding
Bonds shall be issued in fully-registered form in the denomination of $5,000 or integral
multiples thereof, not exceeding the amount of bonds maturing on the same date such
bond matures, and shall be numbered in consecutive order of authentication from 1
upwards. The Refunding Bonds shall be dated as of the date of delivery thereof or such
other date as may be determined at the time of sale of the Refunding Bonds, and shall
mature serially or as term bonds on May 1st in the years to be determined by the
Authorized Officer at the time of sale.
The Refunding Bonds shall bear interest at a rate or rates to be determined at the
time of sale, but in any event not exceeding the interest rate shown in Section 15, payable
initially on such date as approved at the time of sale, and semi-annually thereafter on
May 1st and November 1st of each year, by check drawn on the transfer agent and 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 date of determination of 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 Refunding Bonds shall be payable at a bank or
trust company to be designated by the Authorized Officer as a registrar and transfer
agent.
The Refunding 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.
The Refunding Bonds shall be signed by the manual or facsimile signature of the
Mayor and countersigned by the manual or facsimile signature of the City Clerk. The
Refunding Bonds shall have the facsimile corporate seal of the City printed or impressed
thereon. No Refunding Bond shall be valid until authenticated by an authorized officer
of the transfer agent. The Refunding Bonds shall be delivered to the transfer agent for
authentication and be delivered by the transfer agent to the purchaser in accordance with
instructions from the Authorized Officer upon payment of the purchase price therefor in
accordance with the bid therefor when accepted. Executed blank bonds for registration
and issuance to transferees shall simultaneously, and from time to time thereafter as
necessary, be delivered to the transfer agent for safekeeping.
The Refunding 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 Refunding Bonds in book-entry-only form
and to make such changes in the bond form within the parameters of this Ordinance as
may be required to accomplish the foregoing. Notwithstanding the foregoing, if the
Refunding Bonds are held in book-entry form by DTC, payment of principal of and
interest on the Refunding Bonds shall be made in the manner prescribed by DTC.
Any Refunding Bond may be transferred upon the books of the City maintained
by the transfer agent by the person in whose name it is registered, in person or by his 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 Refunding Bond or Bonds shall be surrendered for
transfer, the transfer agent shall authenticate and deliver a new Refunding 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. Notwithstanding the foregoing, if
Refunding Bonds are held by DTC in book-entry form, the transfer of Refunding Bonds
shall be made in the manner prescribed by DTC.
Upon payment by the City of all outstanding principal of and interest on the
Refunding Bonds, the registered owner thereof shall deliver the Refunding Bonds to the
City for cancellation.
Section 5. Applicability of the Outstanding Bond Ordinances. Except to the
extent supplemented or otherwise provided in this Ordinance, all of the provisions and
covenants provided in the Outstanding Bond Ordinances shall apply to the Refunding
Bonds issued pursuant to provisions of this Ordinance, such provisions of said
Ordinances being made applicable to the Refunding Bonds herein authorized, the same as
though said Refunding Bonds were originally authorized and issued as a part of the
Outstanding Bonds issued pursuant to the Outstanding Bond Ordinances.
Section 6. Refunding Bond Proceeds. From the proceeds of sale of the
Refunding Bonds there first shall be immediately deposited in the Redemption Fund any
portion of any premium received by the City from the purchaser of the Refunding Bonds
as determined by the Authorized Officer, and an amount equal to the accrued interest, if
any, received on delivery of the Refunding Bonds, and the City may take credit for the
amount so deposited against the amount required to be deposited in the Redemption Fund
for payment of the next maturing interest on the Refunding Bonds.
There shall next be deposited in the Bond Reserve Account an amount, if any,
designated by the Authorized Officer at the time of sale of the Refunding Bonds as
necessary to meet the requirements of the Outstanding Bond Ordinances.
There shall next be deposited in the Escrow Fund, from the par amount of the
Refunding Bonds or from any portion of any premium received by the City from the
purchaser of the Refunding Bonds as detennined by the Authorized Officer, cash and
investments in direct obligations of or obligations the principal of and interest on which
are unconditionally guaranteed by the United States of America, not redeemable at the
option of the issuer and an amount sufficient to pay principal and interest on the
Refunded Bonds. The Escrow Fund shall be held by an escrow agent in trust pursuant to
the Escrow Agreement which shall irrevocably direct said escrow agent to take all
necessary steps to pay the principal of and interest on the Refunded Bonds when due and
to call such Bonds for redemption as specified in the Escrow Agreement. The cash and
investments and income received thereon held in the Escrow Fund will be sufficient
without reinvestment to pay the principal and interest on the Refunded Bonds when due
at maturity or call for redemption as required by this section.
The Authorized Officer is hereby authorized to transfer monies from the
Redemption Fund to the Escrow Fund created under the Escrow Agreement, to be
invested as provided in the Escrow Agreement and to be used to pay principal and
interest on the Refunded Bonds. The amount to be transferred under this section shall be
an amount which will enable the interest on the Refunding Bonds and the 1998 Bonds to
be, or continue to be, excluded from gross income for federal income tax purposes as
determined by bond counsel. The Authorized Officer is hereby authorized to purchase,
or cause to be purchased, escrow securities, including, but not limited to, United States
Treasury Obligations - State and Local Government Series (SLGS), in an amount
sufficient to fund the Escrow Fund.
The remaining proceeds of the Refunding Bonds shall be used to pay the costs of
issuance attributable to the Refunding Bonds. At the option of the Authorized Officer the
costs of the issuance of the Refunding Bonds may be paid from a fund established for that
purpose in the Escrow Agreement.
The Authorized Officer shall designate a bank or trust company to serve as
escrow agent under the Escrow Agreement. The Authorized Officer is hereby authorized
to approve, execute and deliver the Escrow Agreement.
Section 7. Refunding Bond Form. The Refunding 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 Refunding Bonds
established upon sale thereof:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTIES OF INGHAM AND EATON

CITY OF LANSING
SEWAGE DISPOSAL SYSTEM
REVENUE REFUNDING BONDS, SERIES 20_

Interest Rate Date of Maturity Date of Original Issue CUSIP

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

[INSERT STANDARD FORM OF ASSIGNMENT]


Section 8. Non-Arbitrage Covenant. The City covenants and agrees with the
Registered Owners of the Refunding Bonds that as long as any of the Refunding Bonds
remain outstanding and unpaid as to either principal or interest, the City shall not invest,
reinvest or accumulate any moneys deemed to be proceeds of the Refunding Bonds or the
1998 Bonds pursuant to the Internal Revenue Code in such a manner as to cause the
Refunding Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue
Code. The City hereby covenants that, to the extent permitted by law, it will take all
actions within its control and that it shall not fail to take any action as may be necessary
to maintain the exemption of interest on the Refunding Bonds from gross income for
federal income tax purposes, including but not limited to, actions relating to the rebate of
arbitrage earnings, if applicable, and the expenditure and investment of bond proceeds
and moneys deemed to be bond proceeds, all as more fully set forth in the Non-Arbitrage
and Tax Compliance Certificate to be delivered by the City with the Refunding Bonds.
The Authorized Officer may designate the Refunding Bonds as "qualified tax
exempt obligations" for purposes of deduction of interest expense by financial
institutions pursuant to the Internal Revenue Code if he or she expects the Refunding
Bonds to qualify based on the aggregate amount of bonds to be issued by the City within
the calendar year. Any such designation shall be evidenced by execution of the Non-
Arbitrage and Tax Compliance Certificate or other certificate to be signed by the
Authorized Officer for the Refunding Bonds
Section 9. Negotiated Sale. The City hereby determines to sell the Refunding
Bonds at a negotiated sale instead of a competitive sale for the reason that a negotiated
sale will permit the City to enter the market on short notice at a point in time which
appears to be most advantageous or sell the Refunding Bonds by private placement, and
thereby possibly obtain a lower rate of interest on the Refunding Bonds and the most
favorable price for purchase of securities to be escrowed for payment of the Refunded
Bonds.
Section 10. Financial Consultant. The City requests Stauder, Barch and
Associates to continue as Financial Consultant to the City to assist in preparation and
planning for the sale of the Refunding Bonds.
Section 11. Managing Underwriter; Private Placement Bond Counsel. Based
upon the advice of the Financial Consultant, the City hereby selects Robert W. Baird &
Co. as senior managing underwriter for the Refunding Bonds. The City reserves the right
to name additional co-managers and/or to develop a selling group. By adoption of this
Ordinance the City assumes no obligations or liability to the underwriters for any loss or
damage that may result to the underwriters from the adoption of this Ordinance, and all
costs and expenses incurred by the underwriters in preparing for sale of the Refunding
Bonds shall be paid from the proceeds of the Refunding Bonds, if the Refunding Bonds
are issued, except as may be otherwise provided in the bond purchase agreement for the
Refunding Bonds.
In the alternative, based upon the advice of the Financial Consultant the
Authorized Officer is authorized to negotiate the sale of the Refunding Bonds on a
private placement basis to PNC Bank, National Association, and, if necessary or
advisable, to retain PNC Capital Markets as placement agent.
The City hereby requests that Miller, Canfield, Paddock and Stone, P.L.C.
continue to serve as the City's bond counsel notwithstanding representation by Miller,
Canfield, in matters unrelated to the Refunding Bonds, of Robert W. Baird & Co.,
potential selling group members, or PNC Bank in connection with matters unrelated to
issuance of the Refunding Bonds.
Section 12. Bond Ratings; Bond Insurance. The Authorized Officer is hereby
authorized to apply for bond ratings from such municipal bond rating agencies as is
deemed appropriate, in consultation with the Financial Consultant, and, if the Financial
Consultant recommends that the City consider purchase of municipal bond insurance,
then the Authorized Officer is hereby authorized and directed to negotiate with insurers
regarding acquisition of municipal bond insurance, and, in consultation with the Financial
Consultant, to select an insurer and determine which bonds, if any, shall be insured.
Section 13. Preliminary Official Statement. The Authorized Officer is
authorized to approve circulation of a Preliminary Official Statement describing the
Refunding Bonds, and to deem such Preliminary Official Statement "final" for purposes
of compliance with Securities and Exchange Commission Rule 15c2-12.
Section 14. Final Official Statement; Continuing Disclosure. After sale of the
Refunding Bonds the Authorized Officer is authorized to prepare a final Official
Statement for delivery to the initial purchasers of the Refunding Bonds. The Authorized
Officer is authorized to undertake annual Continuing Disclosure filings on behalf of the
City in order to enable the purchaser of the Refunding Bonds to comply with the
requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission.
Section 15. Sale of Refunding Bonds. The Refunding Bonds shall not be sold
unless there shall be net present value savings equaling not less than 2.00% after payment
of costs of issuance of the Refunding Bonds, and if the principal and interest of the
Refunding Bonds maturing in each operating year will be less than the principal and
interest of the Refunded Bonds maturing in such operating year. The true interest cost of
the Refunding Bonds shall not exceed 3.00%. The first maturity of principal on the
Refunding Bonds shall occur no earlier than May 1, 2011, and the date of the final
maturity shall not be later than May 1, 2014. The underwriter's discount or
placement/purchaser's fee for the Refunding Bonds shall not be greater than 1.00%
($10.00 per $1,000 of bonds) of the principal amount of the Refunding Bonds. In making
such determinations the Authorized Officer is authorized to rely upon data provided by
the Financial Consultant or the underwriter of the Refunding Bonds.
The Authorized Officer is hereby authorized, on behalf of the City, subject to the
provisions and limitations of this ordinance, to negotiate sale of the Refunding Bonds,
and to accept an offer to purchase the Refunding Bonds without further action by City
Council. This authorization includes, but is not limited to, determination of original
principal amount of the Refunding Bonds, the prices at which the Refunding Bonds are
sold; the date of the Refunding Bonds; the schedule of principal maturities and whether
the Refunding Bonds shall mature serially or as tern bonds; the provisions for early
redemption including mandatory redemption of term bonds, if any; the interest rates and
payment dates of the Refunding Bonds, and the maturities of the 1998 Bonds or portions
thereof which are refunded. Approval of the matters delegated to the Authorized Officers
under this Ordinance may be evidenced by execution by the Authorized Officer of a bond
purchase agreement or Official Statement for the Refunding Bonds: The Authorized
Officer is authorized to sign a bond purchase agreement for the Refunding Bonds on
behalf of the City.
Section 16. Verification Agent. The Authorized Officer is hereby directed to
select an independent certified public accountant to serve as verification agent to verify
that the securities and cash to be deposited to the Escrow Fund will be sufficient to
provide, at the times and in the amounts required, sufficient moneys to pay the principal
of and interest on the Prior Bonds being refunded as they become due.
Section 17. Other Actions. In the event that neither of the Authorized Officers
is available to undertake responsibilities delegated to them under this Resolution, then an
officer of the City designated by one of the Authorized Officers is authorized to take such
actions. The officers, administrators, agents and attorneys of the City are authorized and
directed to take all other actions necessary and to facilitate issuance and sale of the
Refunding Bonds, and to execute and deliver all other agreements, documents and
certificates and to take all other actions necessary or convenient to complete the issuance
and delivery of the Refunding Bonds in accordance with this Ordinance, and to pay costs
of issuance including financial consultant fees, the fee of the Municipal Advisory
Council, filing fees with State Treasury, rating agency fees, costs of printing the
Refunding Bonds and the preliminary and final official statements, publication of notices,
transfer agent fees, bond counsel fees, placement agent fees, and any other costs
necessary to accomplish sale and delivery of the Refunding Bonds.
Section 18. Repeal, Savings Clause. All ordinances, resolutions of orders, or
parts thereof, in conflict with the provisions of this Ordinance are repealed.
Section 19. Severability; Paragraph Headings; and Conflict. If any section,
paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of
such section, paragraph, clause or provision shall not affect any of the other provisions of
this Ordinance. The paragraph headings in this Ordinance are furnished for convenience
of reference only and shall not be considered to be a part of this Ordinance.
Section 20. Publication and Recordation. This Ordinance shall be published
in full in the City Pulse, a newspaper of general circulation in the City of Lansing
qualified under State law to publish legal notices, promptly after its adoption, and shall be
recorded in the Ordinance Book of the City and such recording authenticated by the
signatures of the President of the council and the City Clerk.
Section 21. Effective Date. As provided in Act 94, this Ordinance shall be
effective upon its adoption.
Passed and adopted by the City of Lansing, Counties of Ingham and Eaton, State
of Michigan, on December 6, 2010

Signed:

President of the City Council

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)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bemero

DATE: December 3, 2010

RE: Emergency Procurement-Repair and Replacement of a Failed Storm Sewer and


of Steam Line Supports

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

VB/rh
Attachment

"Equal Opportunity Employer"


FINANCE DEPARTMENT
124 W. Michigan Ave., 8th Floor
Lansing, Michigan 48933
(517) 483-4500

Virg Bernero, Mayor

December 1, 2010

TO: Jerry Ambrose,


Director of Finance

FROM: John J. Green,


Purchasing Office

Subject: Emergency Procurement

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.

"Equal Opportunity Employer"


PUBLIC SERVICE
rr, DEPARTMENT
732 City Hall
124 West Michigan Avenue
Lansing, Michigan 48933
(517) 483-4455
FAX: (517) 483-6082
http://publicservice.cityoflansingmi.com

Virg Bernero, Mayor

MEMORANDUM

TO: John Green, Interim Purchasing Manager

FROM: Alec Malvetis, Assistant City Engineer

DATE: November 29, 2010

SUBJECT: Cooley Gardens / Scott Park Emergency Storm Sewer Rehabilitation

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

Approved: tz/ i[ID


date

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

November 19, 2010


NOV 2 4 2010

LANSING CITY COUNCIL

CERTIFIED TAG #7009 28200001 9799 8357


Drive Thru Mighty Mart Inc.
%Michael J. Alexander
PO Box 80675
Lansing, MI 48908

'Request ID: 26322

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.

Please be advised, we are marking our records accordingly.

Very truly yours,

MICHIGAN LIQUOR CONTROL Commission

Sharon Martin, Director


Licensing Division

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Enclosure
cc Lansing District Office w/encl:
Lansing Police Department w/encl: ;,
Lansing City Council w/encl:
Haris I. Sorovigas, Atty. w/encl:

DELEG is an equal opportunity employer/program.


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

Michigan Liquor Control Commission • P.O. BOX 30005 • LANSING, MICHIGAN 48909 • www.michigan.gov/Icc • (517) 322-1345
STATE OF MICHIGAN

DEPARTMENT OF ENERGY, LABOR & ECONOMIC GROWTH


LIQUOR CONTROL COMMISSION

Drive Thru Mighty Mart Inc.


1300 N. Grand River
Lansing, Michigan 48906 Ingham County
Request ID# 263228

Hearing Held in Lansing


Tuesday, September 21, 2010

Before: Chairperson Samona


Commissioner Gagliardi
FINDINGS AND ORDER

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.

Dated: November, 9, 2010

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