lansing (mi) city council info packet for dec. 13 meeting

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 13, 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 9, 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 13, 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 29, 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

1. Mayoral Presentation; First Tee of Mid-Michigan

2. Mayoral Presentation; Recognition of Judge Amy Krause

3. Tribute; Hometown Hero Award to Trent Spear

4. Tribute; Recognition of Curlee Foster and Foster’s Catering’s Baseball Team

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

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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.)

XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

B. CONSENT AGENDA

1. BY COUNCIL MEMBER KATHIE DUNBAR

a. Tribute; Hometown Hero Award to Trent Spear

2. BY MEMBER DERRICK QUINNEY

a. Tribute; Recognition of Curlee Foster and Foster’s Catering’s Baseball Team

3. BY COUNCIL MEMBER A’LYNNE ROBINSON

a. Tribute; Recognition of Friendship Baptist Church on its 76th Anniversary

4. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. ACT-25-08; Holmes Rd. and Pleasant Grove Rd., Acquisition of Easements

b. Approval of Plant Rehabilitation District (PRD-01-01); Foresight Property Investment LLC for property located at 2822 N. Martin Luther King Jr. Blvd.

c. Approval of Industrial Facilities Exemption Certificate (IFT-02-10); Foresight Property Investment LLC for property located at 2822 N. Martin Luther King Jr. Blvd.

d. Confirmation of Appointment of Donald Rencher to the Board of Zoning Appeals for an At-Large Term to Expire June 30, 2013

5. BY THE COMMITTEE ON GENERAL SERVICES

a. Approval of a request from Brannigan Brothers Restaurants & Taverns, LLC to Transfer all Interest in 2009 Class C Licensed Business with Dance-Entertainment Permit, located at 210 S. Washington Sq., Lansing, MI 48933, Ingham County, Wherein Michael J. Brogan Transfers 100% Interest to New Member, Douglas J. Nylander

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b. Approval of a request to Transfer Ownership of an Escrowed 2010 Class C Licensed Business, located at 511 E Hazel, Lansing, MI 48912, Ingham County from Clifford W Green to Tini Bikinis - Lansing, LLC; & Requests New Dance-Entertainment Permit

c. Recognition of Non-Profit Status in the City of Lansing to Michigan State AFL-CIO Human Resources Development, Inc.

d. Appropriation of Community Funding to Downtown Neighborhood Association for its participatoin in the Lansing Mosaic Festival held September 4, 2010

e. Appointment of Suzanne Moore to the Memorial Review Board for a 4th Ward Term to Expire June 30, 2014

f. Claim Denial; Warren and Jason Will for property located at 635 N. Francis Ave.

g. Claim Denial; Stephen and Antoinette Parrish for property located at 1707 S. Washington Ave.

h. Claim Denial; Phillip Vilella for property located at 737 Comfort St.

i. Claim Denial; Mark and Sara Spagnuolo for property located at 1001 W. Saginaw St.

6. BY THE COMMITTEE ON INTERGOVERNMENTAL RELATIONS

a. Confirmation of Appointment of Frederick Sparrow to the Lansing Entertainment and Public Facilities Authority Board for an At-Large Term to Expire June 30, 2012

b. Confirmation of Appointment of Troy Brown to the Capital Region Airport Authority for an At-Large Term to Expire September 30, 2013

7. BY THE COMMITTEE ON PUBLIC SERVICES

a. Confirmation of Appointment of Patricia Spitzley to the Park Board for an At-Large Term to Expire June 30, 2014

8. BY THE COMMITTEE ON WAYS AND MEANS

a. Confirmation of Reappointment of Robert Traub to the Income Tax Board of Review for an At-Large Term to Expire June 30, 2014

b. Confirmation of Appointment of Michael DeMartelaere to the Income Tax Board of Review for an At-Large Term to Expire June 30, 2014

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c. Confirmation of Appointment of Kenneth Salzman to the Income Tax Board of Review for an At-Large Term to Expire June 30, 2014

d. Authorization of Emergency Procurement; Repair and Replacement of a Failed Storm Sewer and of Steam Line Supports

9. BY THE COMMITTEE ON WAYS AND MEANS AND THE COMMITTEE ON PUBLIC SERVICES

a. Agreement Between the City of Lansing and the County of Ingham for the operation of portions of Scott Woods Park and the River Trail

10. BY THE COMMITTEE OF THE WHOLE

a. Authorizing Issuance of General Obligation Limited Tax Bonds for Capital Improvements; City Consolidated Garage

b. Authorizing Issuance of 2010 Unlimited General Obligation Refunding Bonds

c. Authorizing Issuance of Revenue Bonds; Refunding Part of the Outstanding Sewerage Disposal System Bonds

d. Approval of dates for the Lansing City Council meeting schedule for 2011

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

1. BY COUNCIL MEMBER JEFFRIES, CHAIR OF THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Introduction of an Ordinance of the City of Lansing to Amend Chapter 1220 by adding a New Section 1220.21 to the Lansing Codified Ordinances for the purpose of establishing the Marshall Street Armory Historic District, a Single-Resource Local Historic District located at 330 Marshall Street [PPN 33-01-01-15-226-012] in the City of Lansing, Michigan, and defining its boundaries in accordance with Chapter 1220, and setting a Public Hearing for January 10, 2011

b. Introduction of Z-10-2010, 934 Clark Street, rezoning from "B" Residential district to "D-1" Professional Office district, and setting a Public Hearing for January 10, 2011

F. ORDINANCES FOR PASSAGE

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1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Adoption of an Ordinance of the City of Lansing to Amend Section 1298.07 of Title Six, “Zoning,” of Part Twelve, of the Lansing Codified 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 telecommunications provider

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:

i. Submitting a Request for Recognition of Non-Profit Status in the City of Lansing submitted by Crime Stoppers of Mid-Michigan

ii. Providing notice of the placement on file of Board of Water and Light Proposed Electric, Water, Steam and Chilled Water Rate Changes

b. Letters from the Mayor re:

i. Brownfield Redevelopment Plan #5d, Amendment 3, East Village

ii. An Ordinance of the City of Lansing to Amend Chapter 1220 by adding a New Section 1220.21 to the Lansing Codified Ordinances for the purpose of establishing the Marshall Street Armory Historic District, a Single-Resource Local Historic District located at 330 Marshall Street [PPN 33-01-01-15-226-012] in the City of Lansing, Michigan, and defining its boundaries in accordance with Chapter 1220

iii. Refunding Part of the Outstanding Sewerage Disposal System Bonds; Explanation of Ordinance Authorizing Sewage Disposal System Refunding Bond

iv. Transfer of Funds; State/Federal Programs, 2009 Homeland Security Grant Program (HSGP)

v. Transfer of Funds; Forfeiture Fund; 267 Fund

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vi. Transfer of Funds; State/Federal Programs, Public Act 302, Sworn Officer Training

vii. Appointment of Jeremy Garza to the Board of Plumbing for a Journeyman Term to Expire June 30, 2014

viii. Appointment of David Price to the Board of Water and Light Board of Directors for an At-Large Term to Expire June 30, 2014

ix. Appointment of Bob Ford to the Saginaw Corridor Improvement Authority for an At-Large Term to Expire June 30, 2012

x. Appointment of Kira Carter to the Saginaw Corridor Improvement Authority for an At-Large Term to Expire June 30, 2014

xi. Appointment of Michael Schury to the Saginaw Corridor Improvement Authority for an At-Large Term to Expire June 30, 2014

xii. Appointment of Chris Strugar-Fritsch to the Saginaw Corridor Improvement Authority for an At-Large Term to Expire June 30, 2012

xiii. Appointment of Scott Gillespie to the Michigan Avenue Corridor Improvement Authority for an At-Large Term to Expire June 30, 2013

xiv. Appointment of Joseph Ruth to the Michigan Avenue Corridor Improvement Authority for an At-Large Term to Expire June 30, 2014

xv. Appointment of Joan Battley-Finken to the Michigan Avenue Corridor Improvement Authority for an At-Large Term to Expire June 30, 2012

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letters from the State of Michigan Liquor Control Commission:

i. Providing 15-Day Notice of an Application from Ravneet, Inc. to Transfer Ownership of 2010 Specially Designated Distributor (SDD) & Specially Designated Merchant (SDM) Licensed Business, located at 4013 Aurelius Rd. from GKRA, Inc.

ii. Providing 15-Day Notice of an Application from 838 Penn, LLC to Transfer Ownership of 2010 Specially Designated Distributor (SDD) & Specially Designated Merchant (SDM) Licensed Business, located at 838 N. Pennsylvania Ave. from Mary's Party Store, Inc.

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iii. Regarding the recent action taken by the Legislature that amended Section 1111 and Section 1113 of the Michigan Liquor Control Code of 1998, being MCL 436.2111 and MCL 436.2113, allowing for the sale of spirits, mixed spirit drink and beer and wine between the hours of 7:00 a.m. on Sunday and 2:00 a.m. on Monday

b. Letter from Comcast Cable providing notice of channel lineup changes effective November 23, 2010, December 14, 2010 and February 8, 2011; and a statement that it does not deny access to services to any group of potential residential subscribers because of the race or income of the residents in the local area

c. Letter from Neighborhood Watch #382 and Baker/Donora Focus Center requesting the City Council to withdraw its opposition to a beer and wine licensed business at 800 Baker St.

d. Letter from Darnell E. Oldham, Sr. of 3815 Berwick Dr. providing notice that he will no longer remove snow from the sidewalk located at 3815 Berwick Dr.

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.)

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.

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BY COUNCILMEMBER DERRICK QUINNEYRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Curlee B. Foster has dedicated his life to serving others and believes it hisresponsibility and privilege to "give back to his neighborhood and community"; and

WHEREAS, Curlee started his journey in life in Little Rock, Arkansas on January 3,1946, moved to Lansing, Michigan with his family the following year, and graduatedfrom Lansing Eastern High School in June of 1965. He later married and has beenhappily married to Ruby for 38 years and blessed with three children and twograndchildren; and

WHEREAS, employed by General Motors since 1965 and working in fire preventionsince 1977, Curlee started the South-side Boys Baseball and Girls Softball Club in 1983for youth from three years through fourteen years of age, with 16 boys playing T-Ball. In1991, all teams placed first or second place within the City, with the girls softball teamwinning their first title; and

WHEREAS, Curlee is known for his part-time catering service and his generousdonations to the Boys Baseball and Girls Softball Club to cover registration fees and thepurchase of gloves as well as trophies for each youth who participates in the program;and

WHEREAS, for his many accomplishments, Curlee has been notably recognized withan array of awards; including the Lewis Hines Award, an honorary member of the OldTimers Baseball Club, the Diamond Achievement Award, the Brian Ferguson UnsungHero Award, the C.S. "Pat" Patterson Diamond Achievement Award, the President'sCall to Service Award from the Council on Service and Civic Participation fromWashington D.C., dedicating at least 4,000 hours over the course of his life to servingothers at home and abroad and creating safer neighborhoods, and the President'sVolunteer Service Award for demonstrating the best of the American spirit; and

WHEREAS, Curlee retired from General Motors after over 36 years of service andcurrently is a volunteer crossing guard at Averill Elementary School and coach of thefifth grade Basketball Girls and Boys Program, 2001 being their first year and sinceexpanding to include grades one through five as well as adding cheerleading squads;

WHEREAS, Coach Robert Davis led the Foster's Catering boys baseball team of AverillElementary to the championship of the City of Lansing Wildcat League in 2010; and

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,expresses our heartfelt appreciation to Curlee Foster for his many years of service andoutstanding accomplishments and for his dedication to the City of Lansing;

BE IT FURTHER RESOLVED that the Lansing City Council, hereby, expresses oursincere gratitude to Coach Robert Davis for his fine coaching of the Foster's Catering

boys baseball team and for his dedication to the City of Lansing. We wish both Curleeand Coach Davis continued success in all future endeavors. Congratulations!

BY COUNCILMEMBER A'LYNNE ROBINSONRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Friendship Baptist Church was founded on December 10, 1934 by thirty-five persons under the direction of Reverend Matthew Toommy at the Original Churchof God on Williams Street; and

WHEREAS, only six months after the church was organized, its first Pastor, ReverendO.C. Thomas, purchased property at 925 W. Main Street and erected a new churchbuilding fora mere $4,100; and

WHEREAS, Reverend Liston Stone served as the Church's Pastor from 1938-1948,and one of his major achievements was to liquidate the church's debt; and

WHEREAS, under Reverend Scott's leadership, the church grew in membership,increased its building fund from $5,000 to $90,000, and purchased the neighboringproperty to build a new church. After the opening of the new church in 1957,membership grew from 200 to 500 members; and

WHEREAS, despite the challenges of its changing leadership, each Pastor's effortscontributed to its extraordinary growth; and

WHEREAS, in February 1966, driven by Reverend Everton C. Hawkins' leadership, thechurch's finances grew from $8,000 to $45,000, and the Church purchased 14.9 acresof land on Pleasant Grove Road for $70,000. In 1969, the Friendship Day Care Centerwas organized; and

WHEREAS, Reverend Lester Darnell Stone was installed as the Pastor in July 1982,and was instrumental in propelling the Friendship Baptist Church into its most ambitioustransformation; and

WHEREAS, in February 1991, the Church purchased more property on Pleasant GroveRoad, increasing the size of the property to more than 15 acres. In 1993, a new designfor the church was underway; and

WHEREAS, in 2001, the Main Street church building was sold to General Motors inanticipation of the 2002 groundbreaking ceremony on Pleasant Grove Road for the new37,000 square foot church that houses sanctuary seating for 700, twelve classrooms, anadministrative wing, a fellowship hall seating 250, a conference room, a 37 Rank PipeOrgan, and expanded parking; and

WHEREAS, to memorialize the new church's opening, its entire congregation made thethree and a half mile walk from 925 W. Main Street to 2912 Pleasant Grove Road;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, wish tocongratulate the Friendship Baptist Church on its 76th Anniversary and its remarkablesuccess over the years! We wish you continued success!

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BY THE COMMITTEE ON DEVELOPMENT AND PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Donald Rencher from 909 N. Capitol,Lansing, MI 48906 as an At-Large Member of the Board of Zoning Appeals for a termto expire June 30, 2013

WHEREAS, the Committee met on December 8, 2010 and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirmsthe appointment of Donald Rencher from 909 N. Capitol, Lansing, MI 48906 as an At-Large Member of the Board of Zoning Appeals for a term to expire June 30, 2013

BY THE COMMITTEE ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Licensing and Enforcement Division of the Michigan LiquorControl Commission received a request from Brannigan Brothers Restaurants &Taverns, LLC to transfer all interest in 2009 Class C Licensed Business withDance-Entertainment Permit, located at 210 S. Washington Sq., Lansing; MI48933, Ingham County. Wherein Michael J. Brogan transfers 100% interest tonew member, Douglas J. Nylander; and

WHEREAS, the Committee on General Services met on Monday, December 6,2010 to review the request with affirmative action taken;

NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby,approves the request from Brannigan Brothers Restaurants & Taverns, LLC totransfer all interest in 2009 Class C Licensed Business with Dance-EntertainmentPermit, located at 210 S. Washington Sq., Lansing; MI 48933, Ingham County.Wherein Michael J. Brogan transfers 100% interest to new member, Douglas J.Nylander;

BE IT FURTHER RESOLVED, the City Clerk is requested to notify the MichiganLiquor Control Commission of the action taken.


WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor ControlCommission received a request from Tini Bikinis - Lansing, LLC to transfer ownership ofan Escrowed 2010 Class C Licensed Business, located at 511 E Hazel St., Lansing, MI48912, Ingham County from Clifford W Green to Tini Bikinis - Lansing, LLC; & requests anew Dance-Entertainment Permit; and

WHEREAS, the Committee on General Services met on Monday, December 6, 2010 toreview the request with affirmative action taken;

NOW, THEREFORE, BE IT RESOLVED, the Lansing City Council, hereby, approves therequest from Tini Bikinis - Lansing, LLC to transfer ownership of an Escrowed 2010Class C Licensed Business, located at 511 E Hazel St., Lansing, MI 48912, InghamCounty from Clifford W Green to Tini Bikinis -, Lansing, LLC; & requests a new Dance-Entertainment Permit;

BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan LiquorControl Commission of the action . taken.


WHEREAS, Michigan State AFL-CIO Human Resources Development, Inc. hasrequested a resolution of recognition as a Local Nonprofit Organization operatingin the City of Lansing for the purpose of obtaining a charitable gaming licensepursuant to MCL 432.103 (9); and

WHEREAS, the City Attorney has reported that, based. on a review of thedocumentation submitted, the applicant qualifies as a Local NonprofitOrganization;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,recognizes the Michigan State AFL-CIO Human Resources Development, Inc. asa Local Nonprofit Organization operating in the City of Lansing for the purpose ofobtaining a charitable gaming license.

BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy ofthis resolution to the Michigan State AFL-CIO Human Resources Development,Inc. of 419 S. Washington Sq., Lansing MI 48933.


WHEREAS, the Downtown Neighborhood Association has requested $500.00 to defraycosts associated with the Lansing Mosaic Festival that was held on Saturday,September 4, 2010; and

WHEREAS, the Committee on General Services met on Monday, December 6, 2010and reviewed the request; and

WHEREAS, the maximum total amount of Community Promotion Funds to be awardedan organization in one fiscal year is $500.00;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,approves an allocation from the Community Promotion Account to the DowntownNeighborhood Association to defray costs associated with the Lansing Mosaic Festivalthat was held on Saturday, September 4, 2010;

BE IT FURTHER RESOLVED that the Mayor and the Finance Department shallprocess this request by charging $500.00 to the Council Community Promotion Account- 101.112101.741289.0;

BE IT FINALLY RESOLVED that the Downtown Neighborhood NeighborhoodAssociaion shall submit a written analysis of the event, including information regardingthe number of attendees, a detailed account as to contributors, funds received,expended, and residual funds to the Lansing City Council within 60 days after the event.


WHEREAS, the Mayor made the appointment of Suzanne Moore of 316 W. Randolph,Lansing, Michigan, 48906 to the 4th Ward position on the Memorial Review Board for aterm to expire June 30, 2014; and

WHEREAS, the Committee on General Services met on Monday, November 29, 2010and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, confirmsthe appointment of Suzanne Moore of 316 W. Randolph, Lansing, Michigan, 48906 tothe 4th Ward position on the Memorial Review Board for a term to expire June 30, 2014.

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WHEREAS, Warren and Jason Will sought to eliminate a claim of $1,409.00 for specialassessments on Trash Removal of $379.00 and Board-ups of $520.00 and $510.00 andall associated penalties and interest on the property tax bill of 635 N. Francis Avenue,Lansing, Michigan 48912; and

WHEREAS, the Committee on General Services met on Monday, November 29, 2010 toreview the claim;

NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimof $1,409.00 filed by Warren and Jason Will for special assessments on Trash Removalof $379.00 and Board-ups of $520.00 and $510.00 and all associated penalties andinterest on the property tax bill of 635 N. Francis Avenue, Lansing, Michigan 48912;

BE IT FURTHER RESOLVED that no further action is required by the City Attorney forprocessing this claim.

BY THE COMMITTEE . ON GENERAL SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Stephen & Antoinette Parrish sought to eliminate special assessment of$2,122.50 for Tag Monitoring Fees and all associated penalties and interest on theproperty tax bill of 1707 S. Washington Avenue, Lansing, Michigan; and

WHEREAS, the Committee on General Services met on Monday, December 6, 2010 toreview the claim;

NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Stephen & Antoinette Parrish of $2,122.50 for Special Assessments for TagMonitoring Fees and all associated penalties and interest on the property tax bill of 1707S. Washington Avenue, Lansing, Michigan;


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WHEREAS, Philip A. Vilella sought to eliminate special assessment of $1,517.03 forTrash and Debris, Grass and Weeds, and Additional Assessment and all associatedpenalties and interest on the property tax bill of 737 Comfort Street, Lansing, Michigan;and


NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Philip A. Vilella of $1,517.03 for special assessments on Trash and Debris,Grass and Weeds, and Additional Assessment and all associated penalties and intereston the property tax bill of 737 Comfort Street, Lansing, Michigan;


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WHEREAS, Mark and Sara Spagnuolo sought to eliminate special assessment of$1,599.29 for trash and weeds and $100.71 for material replacement, totaling$1,700.00, and all associated penalties and interest on the property tax bill of 1001 W.Saginaw Street, Lansing, Michigan; and


NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claimfiled by Mark and Sara Spagnuolo of $1,700.00 for special assessment of $1,599.29 fortrash and weeds and $100.71 for material replacement and all associated penalties andinterest on-the property tax bill of 1001 W. Saginaw Street, Lansing, Michigan;


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BY THE COMMITTEE ON INTERGOVERNMENTAL RELATIONSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Frederick Sparrow, 3727 David Lane,Lansing, Michigan 48911 to the Lansing Entertainment and Public Facilities Authority fora term to expire June 30, 2012.

WHEREAS, the Committee on Intergovernmental Relations met on Thursday,December 9, 2010 and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirmsthe appointment of Frederick Sparrow, 3727 David Lane, Lansing, Michigan 48911 tothe Lansing Entertainment and Public Facilities Authority for a term to expire June 30,2012.

BY THE COMMITTEE ON INTERGOVERNMENTAL RELATIONSRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Troy Brown from 2210 DevonshireAve., Lansing, Michigan 48910 to the At-Large position on the Capital Region AirportAuthority for a term to expire September 30, 2013; and

WHEREAS, the Committee on Intergovernmental Relations met on December 9, 2010and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirmsthe appointment of Troy Brown from 2210 Devonshire Ave., Lansing, Michigan 48910 tothe At-Large position on the Capital Region Airport Authority for a term to expireSeptember 30, 2013;

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BY THE COMMITTEE ON PUBLIC SERVICESRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Patricia Spitzley of 2622 Victor Lane,Lansing, MI 48911 to the At-Large position on the Parks Board for a term to expire June30, 2014.

WHEREAS, the Committee on Public Service met on December 6, 2010 and tookaffirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, confirmsthe appointment of Patricia Spitzley to the At-Large position on the Parks Board for aterm to expire June 30, 2014.

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City Draft #5.5December 2, 2010

AGREEMENTBETWEEN THE CITY OF LANSING

AND THECOUNTY OF INGHAM

FOR THE OPERATION OF PORTIONS OFSCOTT WOODS PARK AND THE RIVER TRAIL

THIS AGREEMENT (hereinafter, the "Agreement"), made this day of , 2010,by and between the CITY OF LANSING, a Michigan municipal corporation, 124 West MichiganAvenue, Lansing, Michigan 48933 (hereinafter, "City"), and the COUNTY OF INGHAM, amunicipal corporation and political subdivision of the State of Michigan, acting on behalf of theINGHAM COUNTY PARKS DEPARTMENT, 121 East Maple Street, Suite 102, Mason,Michigan 48854 (hereinafter, "County") as follows:

RECITALS:

WHEREAS, the City of Lansing and the County of Ingham have identified a joint interestin establishing a dog park, trails, and park amenities within Scott Woods Park, and portions ofthe River Trail (hereinafter, the "Premises" or the "Park"), contiguous to Hawk Island CountyPark and described in the following attached exhibits:

EXHIBIT . "A":EXHIBIT "B":EXHIBIT "C":EXHIBIT "D":

Scott Woods ParkRiver TrailSoldan ParkIngham County Parks Rules and Regulations

WHEREAS, The City Council has authorized the operation of a dog park within ScottWoods Park, pursuant to Lansing City Ordinance 656.02 and Resolution 443 of 2004, afterhaving been designated by the City Director of Parks and Recreation and reviewed by the CityParks Board (hereinafter, "Soldan Dog Park").

WHEREAS, the City and the County are each municipal corporations as defined in MCL124.1, and as such each is authorized to enter into this interlocal agreement providing for theoperation and maintenance of any property, facility, or service that each has the power to own,operate, and maintain separately pursuant to MCL 124.2; and

WHEREAS, the City and the County find that the conditional transfer of some operationand maintenance of the Park will provide necessary municipal services and will be beneficial tothe residents of both the City and the County,

WHEREAS, the proximity of Scott Woods Park and portions of the River Trail to HawkIsland County Park with its maintenance personnel and equipment resources would allow theIngham County Parks Department to operate and maintain Scott Woods Park in the most cost

efficient manner;

WHEREAS, the parties have agreed this Agreement will accomplish the goals of theparties; and

WHEREAS, the property subject to this Agreement shall at all times remain the propertyof the City of Lansing.

AGREEMENT

NOW, THEREFORE, for and in consideration of the mutual covenants hereinaftercontained, IT IS HEREBY MUTUALLY AGREED, as follows:

1. TERM. The term of this Agreement shall commence on the date of its execution andend five (5) years from the date of execution of this Agreement and shall be subject to renewalfor additional terms, each additional term not to exceed five (5) years. Any such renewal shall bein writing executed prior to expiration of the current term by the duly authorized representative ofeach party.

2. IMPROVEMENTS AND/OR ALTERATIONS. County may make any and all necessaryimprovements and alterations as needed to operate and maintain the Premises consistent withthe grant herein terms of this Agreement and subject to prior approval by the City's Director ofParks and Recreation and the County's Parks and Recreation Commission. All alterations andimprovements when made shall become part of the Premises and the property of the Citycovered by the terms of this Agreement.

3. DOG PARK ENTRY FEES. The County may establish and charge a fee for entry tothe portion of the Premises containing Soldan Dog Park with the fee to be used for operations,maintenance, or improvements to the Soldan Dog Park, as established herein.

4. RESPONSIBILITY FOR OPERATION, MAINTENANCE, AND COSTS.

On the River Trail, specifically the portions located within Potter Park, south of MaguirePark, the County will be responsible for all operation, maintenance and costs associated with:

a. Litter and trash removal;b. Removal of branches and leaves on trails;c. Snow removal;d. Signs installed by Ingham County; ande. Graffiti removal.

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In Soldan Dog Park, the County will be responsible for all operations, maintenance andcosts associated with:

a. Lifter and trash removal;b. Removal of branches and leaves on trails;c. Snow removal;d. Signs installed by Ingham County and the Friends of Greater Lansing Dog Parkse. Graffiti removal;f. Waste bag replacement;g. Portable Restroom maintenance; andh. Placement, replacement, maintenance, and operation of the pass-card entry

system, including all computer equipment or programs associated therewith.

On the entire Premises, the City shall be responsible for all other operation, maintenanceand costs not specifically reserved to the County herein. City's responsibility includes theoverflow storm drain located in the pond.

Both the City and the County may accept assistance with the responsibilities outlined inthis section from the Friends of Greater Lansing Dog Parks.

5. POLICE. Any police agency having jurisdiction over the Premises may patrol the areaPremises at any time.

6. TIME OF OPERATION. County may determine the hours of operation and publicizesuch hours in advertisements and signs, subject to the prior written approval of the City'sDirector of Parks and Recreation and conformance with Lansing City Ordinances. Nothingherein shall be construed as authorizing the County to permanently close the Soldan Dog Park.

7. RETURN OF THE PREMISES. Upon termination, abandonment, or discontinuance ofthis Agreement the County shall return the Premises, along with all alterations andimprovements made pursuant to Section 2 of this Agreement to the City within thirty (30) days ofCounty's receipt of written notice from City requiring the Premises return. It is expresslyunderstood and agreed that the City shall accept the return of the Premises in their AS IScondition at the time the City requires the return of the Premises. The County's responsibilitiesfor maintenance, operation and repairs of the Premises shall cease upon the date the Premisesare returned to the City.

8. SIGNS AND PUBLISHED MATERIAL. County will have the right to erect reasonablesigns provided it adheres to all local and state laws, rules, regulations, and codes. The name of

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the Park or any portion thereof may not be changed without prior approval of the City. Any signor published material should recognize that the Premises are a City of Lansing owned parkoperated with Ingham County.

9. INSURANCE AND LIABILITY.

A. County during the duration of this Agreement shall maintain liability insurance inthe form of a self insurance program through the Michigan Municipal Risk ManagementAuthority (MMRMA), which covers such liability as County may incur during maintenanceand operation of the Premises.

B. City shall be responsible for maintaining its own insurance covering liability it mayincur arising from the activities of its officers, employees and agents or from itsownership of the Premises.

C. City shall obtain and maintain adequate insurance covering damage to thePremises caused by fire, acts of God including but not limited to wind or flooding or byvandalism.

D. All liability to third parties, loss or damage as a result of claims, demands, costs, orjudgments arising out of activities to be carried out by the County in the performance ofthis Agreement shall be the responsibility of the County, and not the responsibility of theCity, if the liability, loss, or damage is caused by, or arises out of, the action or failure toact on the part of the County, any subcontractor, anyone directly or indirectly employedby the County, or any appointed or elected officer, employee, or agent of Countyprovided that nothing herein shall be construed as a waiver of any governmentalimmunity that has been provided to the County or its officers, employees, or agents bystatute or court decisions.

E. All liability to third parties, loss or damage as a result of claims, demands, costs orjudgments arising out of activities to be carried out by the City in the performance of thisAgreement shall be the responsibility of the City, and not the responsibility of the County,if the liability, loss, or damage is caused by, or arises out of, the action or failure to act onthe part of any City, or any elected or appointed officer, employee or agent of City,provided that nothing herein shall be construed as a waiver of any governmentalimmunity by the City or its officers, employees, or agents as provided by statute or courtdecisions.

F. In the event that liability to third parties, loss, or damage arises as a result ofactivities conducted jointly by the County and the City in fulfillment of their

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responsibilities under this Agreement, such liability, loss, or damage shall be borne bythe County and the City in relation to each party's responsibilities under these jointactivities, provided that nothing herein shall be construed as a waiver of anygovernmental immunity by the County, the City or their officers, employees, or agents,respectively, as provided by statute or court decisions.

10. TERMINATION OF AGREEMENT. The parties understand that the Premises areowned by the City as dedicated parkland. The City and County retain the right at their respectivesole and unreviewable discretion to cancel this Agreement upon one (1) year written notice tothe other. In the event this Agreement is canceled any improvement or alterations built or placedon the Premises shall remain the sole property of the City.

11. NONDISCRIMINATION. The County agrees that it will not exclude anyone fromparticipation in any of its events or deny anyone the benefits of its use or otherwise subjectanyone to discrimination because of the person's race, religion, sex, sexual orientation, genderidentity, age, color, national origin, disability, height, weight, or marital status.

12. APPLICABLE LAW/COMPLIANCE WITH THE LAW. This Agreement shall beconstrued under and in accordance with the laws of the State of Michigan and all obligations ofthe parties created hereunder are to be performed in Ingham County, State of Michigan. Countyagrees to comply with all federal, state and local laws. County will comply with the terms of anygrant to which the Premises is subject.

13. COMPLIANCE WITH INGHAM COUNTY'S PARKS AND RECREATIONDEPARTMENT'S RULES AND REGULATIONS. City allows the County to implement andenforce all of the rules and regulations of the Ingham County Parks Department to the extentthey are not inconsistent with City of Lansing Ordinances.

14. COMPLETE AGREEMENT. This Agreement constitutes the sole and only agreementof the parties, and supersedes any prior understanding or written or oral agreement between theparties respecting the within subject matter.

15. AMENDMENTS. No amendment, modification or alteration of the terms contained inthis Agreement shall be binding unless the same are in writing, dated subsequent to the dateshereof, and duly executed by the authorized representatives of the parties to this Agreement.

16. WAIVERS. No waiver by the parties of any default or breach of any term, condition orcovenant of this Agreement shall be deemed to be a waiver of any other breach of the same orany other term, conditions or covenant.

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17. NOTICE OF DAMAGE OR LOSS TO PREMISES. County shall give immediatenotice to the City of any fire, theft, damage, or accident on the Premises of which it becomesaware.

18. ASSIGNMENTS. This Agreement may not be assigned by either the City or Countyto a third party without the prior written mutual consent of both parties executed by theirauthorized representatives.

19. BINDING EFFECT OF AGREEMENT. This Agreement shall be binding upon, and thebenefits shall inure to, the successors, representatives, and assigns of the parties.

20. TIME BEING OF THE ESSENCE. Time is of the essence in all the provisions of thisAgreement.

21. CONSTRUCTION. This Agreement shall be construed to have been drafted by bothparties to this Agreement.

22. DISREGARDING SECTION TITLES. The titles of the sections set forth in thisAgreement are inserted for the convenience of reference only and shall be disregarded whenconstruing or interpreting any of the provisions of this Agreement.

23. INVALID PROVISIONS. If any section, clause or provision of this Agreement isrendered invalid, or unenforceable. because of any State or Federal statute or regulation orruling by any tribunal of competent jurisdiction, that section, clause or provision shall be null andvoid and to be considered deleted, and the remainder of this Agreement shall not be affectedthereby. Where the deletion of the unenforceable or invalid section, clause or provision wouldresult in the illegality and/or unenforceability of this Agreement, this Agreement shall beconsidered to have terminated as of the date in which the provision was declared invalid orunenforceable.

24. NOTICES. All notices under this Agreement shall be in writing and be sent bycertified mail addressed, to the respective party at the address indicated below or at such otheraddress as the parties shall designate in writing. A change in address may be effected by acertified letter sent by either party to the other.

If to City:

Director of Lansing Parks and Recreation124W. Michigan Ave.City Hall, 8th Floor


7

Lansing, MI 48933

with copy to

Lansing City Attorney124W. Michigan Ave.City Hall, 5th FloorLansing, MI 48933

If to County:

Director of Ingham County Parks Department121 E. Maple St., Suite 102Mason, MI 48854

With a copy to:

Bob TownsendCohl, Stoker, Toskey & McGlinchey, P. C.601 N. Capitol Ave.Lansing, MI 48933

Ingham County ControllerIngham County Controller's OfficeIngham County CourthouseMason, MI 48854

25. CERTIFICATION OF AUTHORITY TO SIGN THIS AGREEMENT. The personssigning this Agreement on behalf of the parties hereto certify by their signatures that they areduly authorized to sign on behalf of said parties and that this Agreement has been authorized bysaid parties.

IN WITNESS WHEREOF, the authorized representatives of the parties have signed andexecuted this Agreement to be effective as of the date executed.

COUNTY OF INGHAM


8

Debbie De LeonChairpersonIngham County Board of Commissioners

Mike BryantonIngham County Clerk

Approved as to form onlyFor County of InghamCohl, Stoker, Toskey & McGlinchey, RC.

Robert D. TownsendCounty Attorney

CITY OF LANSING

Virg BerneroMayor

I hereby certify that funds are availableIn account No,

City Controller

Approved as to form onlyFor City of Lansing

Brigham C. Smith .City Attorney


9

'31v

BY THE COMMITTEE OF THE WHOLERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

City of LansingCounties of Ingham and Eaton, State of Michigan

RESOLUTION AUTHORIZING ISSUANCE AND SALE OFGENERAL 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 benecessary 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 Cityvehicles including site preparation and improvement (collectively, the "CapitalImprovements"); and

WHEREAS, under the provisions of Section 517 of the Revised MunicipalFinance Act, Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") a Citymay issue municipal securities to pay the cost of any capital improvement items withinthe limitations provided by law; and

WHEREAS, a Notice to Electors of the City of intent to issue Bonds in an amountnot-to-exceed Three Million Two Hundred Thousand Dollars ($3,200,000) to finance theCapital Improvements (the "Bonds") and right of referendum on the Bonds was publishedin accordance with Act 34, the 45 day referendum period described in the Notice toElectors has been completed, and no petitions for referendum were filed with the CityClerk; 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 EconomicDevelopment Bonds and Build America Bonds by local units of government such as theCity; and

WHEREAS, the City Council has designated the entire City as a Recovery Zoneand 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 moreseries 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 theCity's financial consultant, Stauder, Barch & Associates, Inc. (the "FinancialConsultant"); and

WHEREAS, given the volatile nature of the bond market and the special taxconcerns relating to the issuance of the Bonds as Recovery Zone Economic DevelopmentBonds or Build America Bonds, and in order to achieve sale efficiencies so as to reducethe cost of issuance and interest expense, it is determined in the best interests of the Cityto 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 shallbe contained in the authorization resolution of the governing body, an officer to sell anddeliver and receive payment for obligations, approve interest rates or methods for fixinginterest rates, prices, discounts, maturities, principal amounts, denominations, dates ofissuance, 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 orthe Budget Director (either, an "Authorized Officer") to sell and deliver and receivepayment for the proposed issue of bonds without the necessity of the City Council takingfurther 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 thepurpose of paying all or part of the costs of acquiring and constructing the CapitalImprovements, including payment of engineering, financial and legal expenses and costsincidental to the issuance, sale and delivery of the Bonds.

The Authorized Officer is hereby authorized to determine, based upon the adviceof the Financial Consultant, whether to sell the Bonds in one or more series on a taxexempt basis or on a taxable basis as Recovery Zone Economic Development Bonds orBuild America Bonds. Each series of Bonds, if more than one, shall comprise only onetype of Bonds as described in the preceding sentence. The aggregate principal amount ofeach series of the Bonds shall be determined by the Authorized Officer upon sale of theBonds in consultation with bond counsel and the Financial Consultant.

The Bonds shall be designated as the 2010 GENERAL OBLIGATION LIMITEDTAX BONDS. If a series of the Bonds is sold as Recovery Zone Economic DevelopmentBonds then the Bonds shall have the additional designation of "(Taxable - RecoveryZone Economic Development Bonds)" or other designation selected by the AuthorizedOfficer. If a series of the Bonds is sold as Build America Bonds then the Bonds shallhave the additional designation of "(Taxable - Build America Bonds - Direct Pay)" orother 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 thedesignated 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 maximumprincipal amount of that maturity, numbered as determined by the Transfer Agent (ashereinafter defined), dated as of the date of delivery thereof or such other date as may bedetennined by the Authorized Officer at the time of sale of the Bonds, and numbered asdetermined by the Transfer Agent. The Bonds shall mature as serial bonds or term bondson the dates and in the amounts as shall be determined by the Authorized Officer at thetime of sale of the Bonds. If more than one series of Bonds is sold then the two seriesmay be treated as a single issue under the same authorization for the purpose of fixingmaturities under Section 503 of Act 34.

The Authorized Officer is hereby authorized to appoint a bond registrar, payingagent and transfer agent (the "Transfer Agent") for the Bonds. The Authorized Officer ishereby authorized to execute one or more agreements with the Transfer Agent on behalfof 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 ofthe 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 TrustCompany in New York, New York ("DTC") and the Authorized Officer is authorized toexecute such custodial or other agreement with DTC as may be necessary to accomplishthe issuance of the Bonds in book-entry only form, and to make such changes in the formof the Bonds within the parameters of this Resolution as may be required to accomplishthe foregoing.

The Bonds shall bear interest at a rate or rates to be determined by the AuthorizedOfficer at the time of sale of the Bonds, payable on May 1, 2011 or such other initialinterest payment date as shall be deteimined at the time of sale of the Bonds, andsemi-annually thereafter on May 1st and November 1st of each year, by check or draftdrawn on the Transfer Agent mailed to the registered owner at the registered address, asshown on the registration books of the City maintained by the Transfer Agent. Interestshall be payable to the registered owner of record as of the fifteenth day of the monthprior to the payment date for each interest payment. The record date of determination ofthe registered owner for purposes of payment of interest as provided in this paragraphmay be changed by the City to conform to market practice in the future. The principal ofthe Bonds shall be payable at the corporate trust office of the Transfer Agent uponpresentation and surrender of the appropriate bond. Notwithstanding the foregoing, if theBonds are held in book-entry form by DTC, payment shall be made in the mannerprescribed by DTC.

The Bonds may be subject to optional redemption, and/or extraordinary optionalredemption, and/or mandatory redemption prior to maturity as determined by theAuthorized Officer at the time of sale of the Bonds. Unless waived by any registeredowner of bonds to be redeemed, official notice of redemption shall be given by theTransfer 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 followinginformation: original issue date; maturity dates; interest rates; CUSIP numbers, if any;certificate numbers (and in the case of partial redemption) the called amounts of eachcertificate; the redemption date; the redemption price or premium; the place where bondscalled for redemption are to be surrendered for payment; and that interest on bonds orportions thereof called for redemption shall cease to accrue from and after the redemptiondate. In addition, further notice shall be given by the Transfer Agent in such manner asmay be required or suggested by regulations or market practice at the applicable time, butno defect in such further notice nor any failure to give all or any portion of such furthernotice shall in any manner defeat the effectiveness of a call for redemption if noticethereof is given as prescribed herein.

The Transfer Agent shall keep the books of registration for this issue on behalf ofthe City. Any Bond may be transferred upon such registration books by the registeredowner of record, in person or by the registered owner's duly authorized attorney, uponsurrender of the Bond for cancellation, accompanied by delivery of a duly executedwritten instrument of transfer in a form approved by the Transfer Agent. Whenever anyBond or Bonds shall be surrendered for transfer, the City shall execute and the TransferAgent shall authenticate and deliver a new Bond or Bonds, for like aggregate principalamount. The Transfer Agent shall require the payment by the bondholder requesting thetransfer of any tax or other governmental charge required to be paid with respect to thetransfer.

2. The Bonds shall be executed in the name of the City with the manual orfacsimile signatures of the Mayor and the City Clerk, and the corporate seal of the Cityshall be manually impressed or a facsimile thereof shall be printed on the Bonds. NoBond authorized under this Resolution shall be valid until authenticated by an authorizedrepresentative of the Transfer Agent. If Bonds are not issued in book-entry form thenexecuted blank bonds for registration and issuance to transferees may simultaneously,and from time to time thereafter as necessary, be delivered to the Transfer Agent forsafekeeping. The Bonds shall be delivered to the Transfer Agent for authentication andbe delivered by the Transfer Agent to the purchaser or other person in accordance withinstructions from the Authorized Officer upon payment of the purchase price for theBonds in accordance with the Bond Purchase Agreement for the Bonds.

3. The City expressly and irrevocably pledges its full faith and credit for theprompt and timely payment of the principal of and interest on the Bonds. The Bondsshall be payable, as a first budget obligation, from the general fund of the City, and theCity 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 fullysufficient to pay the principal and interest on the Bonds provided, however, that if at thetime of making any such tax levy there shall be other legally available funds for thepayment of principal of and interest on the Bonds, then credit therefor may be takenagainst 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 separatedepository or trust account with a bank or trust company to be designated as the 2010GENERAL OBLIGATION LIMITED TAX BOND DEBT RETIREMENT FUND (the

"Debt Retirement Fund"). The Debt Retirement Fund may be pooled or combined withother debt retirement funds for issues of bonds of like character as provided by Act 34 orother state law. An amount sufficient to assure timely payment of the principal of andinterest on the Bonds shall be transferred each year from the general fund of the City orother funds legally available therefor into the Debt Retirement Fund. The moneysdeposited in the fund shall be used solely for the purpose of paying the principal of andinterest on the Bonds and, as may be necessary, to rebate arbitrage earnings, if any, to theUnited States Department of Treasury as required by the Internal Revenue Code. Theaccrued interest and premium, if any, received upon delivery of the Bonds may also bedeposited in the Debt Retirement Fund. The City may provide for the payment ofprincipal of any of the Bonds issued as ten"' bonds through the purchase of municipalsecurities in the open market at a price not greater than that payable on the nextredemption date in order to satisfy all or part of the next succeeding scheduled mandatoryredemption.

In the event a deposit of trust is made of cash or direct obligations of the UnitedStates or obligations the principal of and interest on which are guaranteed by the UnitedStates, or a combination thereof, the principal of and interest on which, withoutreinvestment, come due at times and in amounts sufficient to pay at maturity orirrevocable 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 theBonds shall have no further rights under this Resolution except to receive payment of theprincipal of, premium, if any, and interest of the Bonds from the cash or securitiesdeposited in trust and the interest and gains thereon and to transfer and exchange Bondsas provided herein.

5. The City Treasurer is authorized and directed to create a fund designatedas the 2010 GENERAL OBLIGATION LIMITED TAX BOND CONSTRUCTIONFUND (the "Construction Fund"). The City Treasurer shall deposit the proceeds of theBonds into the Construction Fund, less accrued interest and premium, if any, which maybe 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 CapitalImprovements and to pay the costs of issuance of the Bonds. Moneys remaining in theConstruction Fund after completion of the Capital Improvements may be used for anypurpose permitted by law, and, for any series of Bonds sold on a tax-exempt basis, ifbond counsel advises the City that such use will not cause the interest on the Bonds to beincluded in gross income for federal income tax purposes within the meaning of theInternal Revenue Code, and, for any series of Bonds for which the City wishes to receivea direct payment credit from the United States Treasury, if bond counsel advises the Citythat 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 suchrevisions, additions and deletions as may be advisable or necessary to conform with thefinal terms of the Bonds established upon sale thereof:

UNITED STATES OF AMERICASTATE OF MICHIGAN

COUNTIES OF INGHAM AND EATON

CITY OF LANSING2010 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 theRegistered Owner specified above, or registered assigns, the Principal Amount specifiedabove, in lawful money of the United States of America, on the Date of Maturityspecified 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 theDate 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, 2011and semiannually thereafter. Principal of this bond is payable upon presentation andsurrender hereof at the designated corporate trust office of

, Michigan, or such other transfer agent as the City may hereafterdesignate by notice mailed to the registered owner of record not less than sixty (60) daysprior to any interest payment date (the "Transfer Agent"). Interest on this bond ispayable by check or draft mailed by the Transfer Agent to the person or entity who orwhich 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 aggregatingthe 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 Cityvehicles including site preparation and improvement under and in pursuance of theprovisions of Act 34, Public Acts of Michigan, 2001, as amended, and a resolution of theCity Council adopted on , 2010.

The limited tax full faith, credit and resources of the City are pledged for thepayment of the bonds of this issue, and the City has pledged that it shall pay the principalof and interest on the bonds of this issue as they mature as a first budget obligation fromits general fund and, after taking into account funds which the City may have legallyavailable for payment of principal of and interest on the bonds of this issue, shall levyannually ad valorem taxes on all taxable property in the City sufficient to pay theprincipal 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 toredemption prior to maturity.

Bonds or portions of bonds in multiples of $5,000 of this issue maturing on orafter May 1, 20 shall be subject to redemption prior to maturity, at the option of theCity, 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 forredemption.

[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 ratesubsidy payable with respect to the Bonds in accordance with Section 6431 of theInternal Revenue Code of 1986, as amended (the "Internal Revenue Code"), applied asprovided in Section 1400U-2 of the Internal Revenue Code, for any reason other than oneattributable to the action or inaction of the City, the City has the right to redeem and retireall 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 andwithin a single maturity by lot on any date at a redemption price of % of par plusaccrued interest to the redemption date.]

[MANDATORY REDEMPTION]

[Bonds of this issue maturing on May 1, and May 1, (the "TeenBonds") are subject to mandatory sinking fund redemption by lot prior to maturity onMay 1, in the years and amounts set forth below, at a price equal to 100% of the principalamount to be redeemed, plus accrued interest to the date of redemption.]

[Term Bonds due May 1, 20

Term Bonds due May 1, 20

Principal

PrincipalRedemption DatesMay 1, 20_May 1, 20_May 1, 20_ (maturity)

[The principal amount of Term Bonds to be redeemed on the dates set forth aboveshall be reduced, in the order determined by the City, by the principal amount of TeenBonds of the same maturity which have been previously redeemed (other than as a resultof a previous mandatory redemption requirement), or purchased or acquired by the Cityand delivered to the Transfer Agent for cancellation; provided, that each such Term Bondhas 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 shallregister, authenticate and deliver to the registered owner of record a new bond of thesame maturity and in the principal amount of the portion of the original bond not calledfor redemption.

Redemption DatesMay 1, 20_May 1, 20_May 1, 20_ (maturity)

Amounts Amounts

]

Notice of redemption shall be given to each registered owner of bonds or portionsthereof to be redeemed by mailing such notice not less than thirty (30) days [and notmore than sixty (60) days] prior to the date fixed for redemption to the registered ownerof record at the address of the registered owner as shown on the registration books of theCity 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 representingthe number of bonds obtained by dividing the denomination of the bonds by $5,000, andsuch bonds may be redeemed in part. The notice of redemption for bonds redeemed inpart shall state that, upon surrender of the bond to be redeemed, a new bond or bonds inthe same aggregate principal amount equal to the unredeemed portion of the bondssurrendered shall be issued to the registered owner thereof with the same interest rate andmaturity. No further interest on bonds or portions of bonds called for redemption shallaccrue after the date fixed for redemption, whether the bonds have been presented forredemption or not, provided funds are on hand with the Transfer Agent to redeem thebonds or portion thereof.

Any bond may be transferred by the person in whose name it is registered, inperson 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 dulyexecuted written instrument of transfer in a form approved by the Transfer Agent.Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate anddeliver a new bond or bonds, in like aggregate principal amount, interest rate andmaturity. The Transfer Agent shall require the bondholder requesting the transfer to payany 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 exchangeany bond during a period beginning at the opening of business 15 days before the day ofthe mailing of a notice of redemption of bonds selected for redemption and ending at theclose of business on the day of that mailing.]

It is hereby certified and recited that all acts, conditions and things required bylaw to be done, exist and happen, precedent to and in the issuance of this bond and theseries of bonds of which this is one, in order to make them valid and binding obligationsof the City have been done, exist and have happened in regular and due form and time asprovided by law, and that the total indebtedness of the City, including this bond and theseries of bonds of which this is one, does not exceed any constitutional, statutory orcharter debt limitation.

This bond is not valid or obligatory for any purpose until the Transfer Agent'sCertificate 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 tobe 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 ofthe Date of Original Issue.

CITY OF LANSING

[manual or facsimile

By signature to appear hereMayor

[manual or facsimileBy signature to appear here ]

City ClerkCERTIFICATE OF AUTHENTICATION

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

Transfer Agent

ByIts Authorized Representative

Date of Authentication:

(Seal)Countersigned:

[INSERT STANDARD FORM OF ASSIGNMENT]

7. If a series of the Bonds is issued as Recovery Zone EconomicDevelopment Bonds or Build America Bonds, then the Authorized Officer is herebydirected to elect, on behalf of the City, to qualify the Bonds as such as required by theInternal Revenue Code, and to make such representations and agreements in certificatesdelivered at the time of delivery of the Bonds as may be necessary to qualify the Bondsas Recovery Zone Economic Development Bonds or Build America Bonds and receivethe direct payment credit from the United States Treasury, and to take all other actionsnecessary or advisable, and to make such other filings with any parties, including theInternal Revenue Service, to request the payment of the appropriate credits from theUnited States Treasury.

8. If a series of the Bonds is issued on a tax-exempt basis, the City herebycovenants that, to the extent permitted by law, it shall take all actions within its controland that it shall not fail to take any action necessary to maintain the exclusion of theinterest on the Bonds from adjusted gross income for general federal income tax purposesunder the Internal Revenue Code including, but not limited to, actions relating to anyrequired rebate of arbitrage earnings and the expenditures and investment of Bondproceeds and moneys deemed to be Bond proceeds. If a series of the Bonds is issued ona 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 byfinancial institutions if he or she expects the series of Bonds to qualify based on theaggregate amount of bonds to be issued by the City within the calendar year. Any suchdesignation shall be evidenced by execution of the Non-Arbitrage and Tax ComplianceCertificate 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 tobe proceeds of the Bonds pursuant to the Internal Revenue Code, in such a manner as tocause the Bonds to be "arbitrage bonds" within the meaning of the Internal RevenueCode.

10. The estimated period of usefulness of the Capital Improvements to beconstructed and acquired with proceeds of the Bonds is hereby declared to be not lessthan 20 years. The total cost of the Capital Improvements is estimated to be not less thanThree Million Two Hundred Thousand Dollars ($3,200,000).

11. Given the volatile nature of the bond market, special tax concerns relatingto the issuance of the Bonds as Recovery Zone Economic Development Bonds or BuildAmerica Bonds, in order to enable the City to select and adjust terms for the Bonds andallow more flexibility in accessing the municipal bond market to better assure compliancewith pricing restrictions applicable to Recovery Zone Economic Development Bonds andBuild America Bonds, and in order to achieve sale efficiencies so as to reduce the cost ofissuance and interest expense, it is determined in the best interests of the City to negotiatethe sale of the Bonds.

Based upon the advice of the Financial Consultant, the City hereby names RobertW. Baird & Co. as managing underwriter for the Bonds. The City reserves the right toname additional co-managers and/or to develop a selling group. The Authorized Officeris authorized to negotiate a Bond Purchase Agreement with the Underwriter. Byadoption 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 thisResolution, and all costs and expenses incurred by the Underwriter in preparing for saleof the Bonds shall be paid from the proceeds of the Bonds, if the Bonds are issued, exceptas may be otherwise provided in the Bond Purchase Agreement to be signed by the Cityat 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 potentialselling 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 onthe Bonds as shall be recommended by the Financial Consultant. If the FinancialConsultant recommends that the City consider purchase of municipal bond insurance thenthe Authorized Officer is hereby authorized and directed, on behalf of the City, to applyfor municipal bond insurance, to negotiate with insurers regarding acquisition ofmunicipal bond insurance, and, in consultation with the Financial Consultant, to select aninsurer and determine which Bonds, if any, shall be insured.

13. The Authorized Officer is authorized to approve circulation of apreliminary official statement describing the Bonds and to deem such PreliminaryOfficial Statement "final" for purposes of compliance with Securities and ExchangeCommission Rule 15 c2-12.

14. The Authorized Officer is hereby authorized, on behalf of the City, subjectto the provisions and limitations of this Resolution, to negotiate sale of the Bonds to theUnderwriter, and to accept an offer by the Underwriter to purchase the Bonds withoutfurther 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 asRecovery Zone Economic Development Bonds or Build America Bonds, determinationof original principal amount of each series of the Bonds; the prices at which the Bondsare sold; underwriter's discount for the Bonds, the date of the Bonds; the schedule ofprincipal maturities and whether the Bonds shall mature serially or as term bonds; theprovisions for early redemption including mandatory redemption of tern bonds, if any;and the interest rates and payment dates of the Bonds. The Authorized Officer isauthorized 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. Thetrue interest cost of the Bonds, after taking into account anticipated credit payments fromthe United States Treasury for Recovery Zone Economic Development Bonds or BuildAmerica Bonds, shall not exceed 5.00%. The date of the first maturity shall not be earlierthan 2011, and the Bonds shall mature in not to exceed 20 annual installments. Theunderwriter's discount for the Bonds shall not be greater than 1.00% ($10.00 per $1,000of bonds) of the principal amount of the Bonds.

In making such determinations the Authorized Officer is authorized to rely upondata and computer runs provided by the Financial Consultant. Approval of the mattersdelegated to the Authorized Officer under this Resolution may be evidenced by executionof 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 UndertakingAgreement (the "Continuing Disclosure Undertaking Agreement") in order to enable theUnderwriter to comply with the requirements of Rule 15c2-12 promulgated by theSecurities and Exchange Commission. The Authorized Officer is authorized to executeand deliver the Continuing Disclosure Undertaking Agreement on behalf of the City insubstantially the form which the Authorized Officer shall, in consultation with BondCounsel, detennine to be appropriate.

17. Internal Revenue Code requirements relating to Recovery Zone EconomicDevelopment Bonds and Build America Bonds impose limitations on use of Bondproceeds to pay costs of issuance. The officers, administrators, and agents of the City areauthorized and directed to use monies legally available to the City to pay costs ofissuance of the Bonds including but not limited to rating agency fees, costs of printing theBonds and the preliminary and final official statements, publication of notices, financialconsultant fees, transfer agent fees, bond counsel fees, and any other costs necessary toaccomplish sale and delivery of the Bonds.

18. In the event that neither of the Authorized Officers is available toundertake responsibilities delegated to them under this Resolution, then an officer of theCity designated by one of the Authorized Officers is authorized to take such actions. Theofficers, administrators, agents and attorneys of the City are authorized and directed totake all other actions necessary and convenient to facilitate issuance and sale of theBonds and expenditure of Bond proceeds, and to execute and deliver all otheragreements, documents and certificates and to take all other actions necessary orconvenient to complete the issuance, sale, and delivery of the Bonds and expenditure ofBond proceeds in accordance with this Resolution, including appropriation and transferof Bond proceeds as appropriate, and payment of costs necessary to accomplish sale anddelivery of the Bonds.

19.

All resolutions and parts of resolutions insofar as they conflict with theprovisions of this resolution are hereby rescinded.

I hereby certify that the foregoing is a true and complete copy of a resolution dulyadopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, Stateof Michigan, at a Regular meeting held on December 6, 2010 at 7:00 p.m., prevailingEastern Time, and that said meeting was conducted and public notice of said meeting wasgiven 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 willbe 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 Memberswere absent:

I further certify that Member moved for adoptionof said resolution and that Member supported saidmotion.

I further certify that the following Members voted for adoption of said resolution:

and that the following Membersvoted against adoption of said resolution:

City Clerk

18,578,306.2\050796-00054



RESOLUTION AUTHORIZING ISSUANCE AND SALE OFUNLIMITED 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 2001Unlimited Tax General Obligation Bonds dated as of May 1, 2001 (the "Prior Bonds") asthe second series of bonds authorized at an election held August 4, 1998 for the purposesof acquiring, constructing, improving, renovating, furnishing, and equipping various newand existing facilities for use by the City's Fire Department and acquiring and improvingthe necessary sites therefor; and

WHEREAS, Stauder, Barch & Associates, Inc. (the "Financial Consultant"), hasadvised the City that it may be able to accomplish a net savings of debt service costs byrefunding a portion of the outstanding Prior Bonds through the issuance of refundingbonds; and

WHEREAS, Act 34 permits the City to issue refunding bonds for the purpose ofrefunding all or part of the funded indebtedness of the City if the refunding would resultin net present value savings; and

WHEREAS, the City has received a proposal from Robert W. Baird & Co. to actas managing underwriter for the Bonds at a negotiated sale, and a proposal from PNCBank to purchase the Bonds by private placement; and

WHEREAS, Act 34 permits the City to authorize, within limitations which shallbe contained in the authorization resolution of the governing body, an officer to sell anddeliver and receive payment for obligations, approve interest rates or methods for fixinginterest rates, prices, discounts, maturities, principal amounts, denominations, dates ofissuance, 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 orthe Budget Director (either, an "Authorized Officer") to sell and deliver and receivepayment for the proposed issue of bonds without the necessity of the City Council takingfurther 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 theamount provided in this Resolution, then Bonds of the City designated as the 2010UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS (the "Bonds")shall be issued in the aggregate principal amount of not to exceed Two Million SixHundred Thousand ($2,600,000) for the purpose of refunding all or a portion of the PriorBonds including payment of legal, financial and other expenses incident thereto. If theBonds are sold or delivered after December 31, 2010 then the Authorized Officer maychange the word "2010" in the designated name of the Bonds to the year in which theBonds 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 maximumprincipal amount of that maturity, numbered as determined by the Transfer Agent (ashereinafter defined), dated as of the date of delivery thereof or such other date as may bedetermined by the Authorized Officer at the time of sale of the Bonds, and numbered asdetermined by the Transfer Agent. The Bonds shall mature as serial bonds or term bondson the dates and in the amounts as shall be determined by the Authorized Officer at thetime of sale of the Bonds.

The Authorized Officer is hereby authorized to appoint a bond registrar, payingagent and transfer agent (the "Transfer Agent") for the Bonds. The Authorized Officer ishereby authorized to execute one or more agreements with the Transfer Agent on behalfof 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 ofthe 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 TrustCompany in New York, New York ("DTC") and the Authorized Officer is authorized toexecute such custodial or other agreement with DTC as may be necessary to accomplishthe issuance of the Bonds in book-entry only form, and to make such changes in the formof the Bonds within the parameters of this Resolution as may be required to accomplishthe foregoing.

The Bonds shall bear interest at a rate or rates to be determined by the AuthorizedOfficer at the time of sale of the Bonds, payable on May 1, 2011 or such other initialinterest payment date as shall be determined at the time of sale of the Bonds, andsemi-annually thereafter on May 1st and November 1st of each year, by check or draftdrawn on the Transfer Agent mailed to the registered owner at the registered address, asshown on the registration books of the City maintained by the Transfer Agent. Interestshall be payable to the registered owner of record as of the fifteenth day of the monthprior to the payment date for each interest payment. The record date of detennination ofthe 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 ofthe Bonds shall be payable at the corporate trust office of the Transfer Agent uponpresentation and surrender of the appropriate bond. Notwithstanding the foregoing, if theBonds are held in book-entry form by DTC, payment shall be made in the mannerprescribed by DTC.

The Bonds may be subject to redemption prior to maturity at the times and pricesdetermined by the Authorized Officer at the time of sale. In the event that any of theRefunding Bonds shall be issued as term bonds, the mandatory redemption requirementsfor such term bonds shall be specified at the time of sale. Unless waived by anyregistered owner of bonds to be redeemed, official notice of redemption shall be given bythe Transfer Agent on behalf of the City and shall conform to the requirements set forthin the Bond. Such notice shall be dated and shall contain at a minimum the followinginformation: original issue date; maturity dates; interest rates; CUSIP numbers, if any;certificate numbers (and in the case of partial redemption) the called amounts of eachcertificate; the redemption date; the redemption price or premium; the place where bondscalled for redemption are to be surrendered for payment; and that interest on bonds orportions thereof called for redemption shall cease to accrue from and after the redemptiondate. In addition, further notice shall be given by the Transfer Agent in such manner asmay be required or suggested by regulations or market practice at the applicable time, butno defect in such further notice nor any failure to give all or any portion of such furthernotice shall in any manner defeat the effectiveness of a call for redemption if noticethereof is given as prescribed herein.

The Transfer Agent shall keep the books of registration for this issue on behalf ofthe City. Any Bond may be transferred upon such registration books by the registeredowner of record, in person or by the registered owner's duly authorized attorney, uponsurrender of the Bond for cancellation, accompanied by delivery of a duly executedwritten instrument of transfer in a faun approved by the Transfer Agent. Whenever anyBond or Bonds shall be surrendered for transfer, the City shall execute and the TransferAgent shall authenticate and deliver a new Bond or Bonds, for like aggregate principalamount. The Transfer Agent shall require the payment by the bondholder requesting thetransfer of any tax or other governmental charge required to be paid with respect to thetransfer.

2. The Bonds shall be executed in the name of the City with the manual orfacsimile signatures of the Mayor and the City Clerk, and the corporate seal of the Cityshall be manually impressed or a facsimile thereof shall be printed on the Bonds. NoBond authorized under this Resolution shall be valid until authenticated by an authorizedrepresentative of the Transfer Agent. If Bonds are not issued in book-entry form thenexecuted blank bonds for registration and issuance to transferees may simultaneously,and from time to time thereafter as necessary, be delivered to the Transfer Agent forsafekeeping. The Bonds shall be delivered to the Transfer Agent for authentication andbe delivered by the Transfer Agent to the purchaser or other person in accordance withinstructions from the Authorized Officer upon payment of the purchase price for theBonds in accordance with the bond purchase agreement for the Bonds.

3. The Bonds shall be in substantially the following form with suchrevisions, additions and deletions as may be advisable or necessary to conform with thefinal terms of the Bonds established upon sale thereof:



CITY OF LANSING20 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 theRegistered Owner specified above, or registered assigns, the Principal Amount specifiedabove, in lawful money of the United States of America, on the Date of Maturityspecified above, with interest thereon (computed on the basis of a 360-day yearconsisting of twelve 30-day months) from the Date of Original Issue specified above orsuch later date to which interest has been paid, until paid, at the Interest Rate per annumspecified above, first payable on May 1, 2011 and semiannually thereafter. Principal ofthis bond is payable upon presentation and surrender hereof at the designated corporatetrust office of , , Michigan, or such othertransfer agent as the City may hereafter designate by notice mailed to the registeredowner 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 theTransfer Agent to the person or entity who or which is as of the fifteenth (15th) day of themonth prior to each interest payment date, the registered owner of record, at theregistered address. For prompt payment of this bond, both principal and interest, the fullfaith, 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, aggregatingthe principal sum of $ for the purpose of refunding bonds previously issued bythe 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 adoptedon

This bond and the interest hereon are payable out of the City's Debt RetirementFund for this issue and in order to make such payment, the City is obligated each year tolevy sufficient taxes on all taxable property within the boundaries of the City, withoutlimitation 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 dulyexecuted written instrument of transfer in a form approved by the Transfer Agent.

Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate anddeliver a new bond or bonds, in like aggregate principal amount, interest rate andmaturity. The Transfer Agent shall require the bondholder requesting the transfer to payany 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 bylaw to be done, exist and happen, precedent to and in the issuance of this bond and theseries of bonds of which this is one, in order to make them valid and binding obligationsof the City have been done, exist and have happened in regular and due form and time asprovided by law, and that the total indebtedness of the City, including this bond and theseries of bonds of which this is one, does not exceed any constitutional, statutory, orcharter debt limitation.

This bond is not valid or obligatory for any purpose until the Transfer Agent'sCertificate 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 tobe 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 ofthe Date of Original Issue.

CITY OF LANSING


By signature to appear hereMayor

[manual or facsimileBy signature to appear here ]

City ClerkCERTIFICATE OF AUTHENTICATION

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

Transfer Agent

ByIts Authorized Representative

Date of Authentication:



4. The Authorized Officer shall designate a bank or trust company to serve asescrow trustee (the "Escrow Agent"). In order to secure payment of the Prior Bondsbeing 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 theCITY OF LANSING - 20 UNLIMITED TAX GENERAL OBLIGATIONREFUNDING BONDS ESCROW FUND (the "Escrow Fund"). The Escrow Agreementshall irrevocably direct the Escrow Agent to hold the Escrow Fund in trust for thepayment of the principal of and interest on the Prior Bonds being refunded, and to take allnecessary steps to call for redemption of any Prior Bonds specified by the AuthorizedOfficer 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 EscrowAgreement and to purchase, or cause to be purchased, escrow securities, including, butnot 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 debtretirement fund for the Prior Bonds to the Escrow Fund created under the EscrowAgreement, to be invested as provided in the Escrow Agreement and to be used to payprincipal and interest on the Prior Bonds being refunded. The amount to be transferredunder this section shall be an amount which will enable the interest on the Bonds and thePrior Bonds to be, or continue to be, excluded from gross income for federal income taxpurposes as detemiined by bond counsel.

5. The City Treasurer is authorized and directed to open a separatedepository or trust account with a bank or trust company to be designated as the CITYOF LANSING - 20_ UNLIMITED TAX GENERAL OBLIGATION REFUNDINGBONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"). All proceeds fromtaxes levied for the Debt Retirement Fund shall be deposited into the Debt RetirementFund as collected. There shall be levied upon the tax rolls of the City for the purpose ofthe 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 estimatedcollection therefrom will be sufficient to promptly pay, when due, the principal of andinterest 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 availableor 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 forthe Debt Retirement Fund. The moneys to be deposited into the Debt Retirement Fundwill be specifically earmarked and used solely for the purpose of paying principal of andinterest on the Bonds. Accrued interest and premium received upon delivery of theBonds 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 theprincipal of and interest on which are guaranteed by the United States, or a combinationthereof, the principal of and interest on which, without reinvestment, come due at timesand in amounts sufficient to pay at maturity or irrevocable call for earlier redemption, theprincipal of, premium, if any, and interest on the Bonds, shall be deposited in trust, thisresolution 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, andinterest of the Bonds from the cash or securities deposited in trust and the interest andgains thereon and to transfer and exchange Bonds as provided herein.

The Debt Retirement Fund may be pooled or combined with other debt retirementfunds for issues of bonds of like character as provided by Act 34, Public Acts ofMichigan, 2001, as amended, or other state law.

6. Upon receipt of the proceeds of sale of the Bonds, the accrued interest andpremium, if any, shall be deposited in the Debt Retirement Fund and used to pay intereston the Bonds on the first interest payment date, provided, however, that at the discretionof the Authorized Officer, all or a portion of any premium received upon delivery of theBonds may be deposited in the Escrow Fund.

There shall be deposited to the Escrow Fund from Bond proceeds monies whichshall be invested only as described in the Escrow Agreement and which shall be used bythe Escrow Agent solely to pay the principal of and interest on the Prior Bonds beingrefunded. The amount in the Escrow Fund and the investment proceeds to be receivedthereon will be sufficient, without reinvestment, to pay the principal of and interest on thePrior Bonds being refunded as they become due pursuant to maturity or the call forredemption.

The remaining proceeds of the Bonds shall be used to pay the costs of issuance ofthe Bonds. At the option of the Authorized Officer, the costs of the issuance may be paidfrom a fund established for that purpose in the Escrow Agreement. Any moniesremaining after payment of costs of issuance and costs of refunding the Prior Bonds shallbe transferred to the Debt Retirement Fund.

7. The City shall not invest, reinvest or accumulate any moneys deemed tobe proceeds of the Bonds or the Prior Bonds pursuant to the Internal Revenue Code of1986, as amended in such a manner as to cause the Bonds to be "arbitrage bonds" withinthe meaning of the Internal Revenue Code. The City hereby covenants that, to the extentpermitted by law, it will take all actions within its control and that it shall not fail to takeany action as may be necessary to maintain the exemption of interest on the Bonds fromgross income for federal income tax purposes, including but not limited to, actionsrelating to the rebate of arbitrage earnings, if applicable, and the expenditure andinvestment of bond proceeds and moneys deemed to be bond proceeds, all as more fullyset forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by the Cityon the date of delivery of the Bonds.

8. The Authorized Officer may designate the Bonds as "qualified tax exemptobligations" for purposes of deduction of interest expense by financial institutionspursuant to the Internal Revenue Code if he or she expects the Bonds to qualify based onthe aggregate amount of bonds to be issued by the City within the calendar year. Anysuch designation shall be evidenced by execution of the Non-Arbitrage and TaxCompliance Certificate or other certificate to be signed by the Authorized Officer for theBonds.

9.

The City requests Stauder, Barch and Associates to continue as FinancialConsultant 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 saleinstead of a competitive sale for the reason that a negotiated sale will permit the City toenter the market on short notice at a point in time which appears to be most advantageousor sell the Bonds by private placement, and thereby possibly obtain a lower rate ofinterest on the Bonds and the most favorable price for purchase of securities to beescrowed for payment of the Prior Bonds to be refunded.

11. Based upon the advice of the Financial Consultant, the City hereby namesRobert W. Baird & Co. (the "Underwriter") as managing underwriter for the Bonds. TheCity 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 theUnderwriter. By adoption of this Resolution the City assumes no obligations or liabilityto the Underwriter for any loss or damage that may result to the Underwriter from theadoption of this Resolution, and all costs and expenses incurred by the Underwriter inpreparing for sale of the Bonds shall be paid from the proceeds of the Bonds, if the Bondsare issued, except as may be otherwise provided in the bond purchase agreement to besigned by the City at the time of sale of the Bonds.

In the alternative, based upon the advice of the Financial Consultant theAuthorized Officer is authorized to negotiate the sale of the Bonds on a private placementbasis to PNC Bank, National Association, and, if necessary or advisable, to retain PNCCapital 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 sellinggroup members, or PNC Bank in connection with matters unrelated to issuance of theBonds.

13. The Authorized Officer is authorized to apply for one or more ratings onthe Bonds as shall be recommended by the Financial Consultant. If the FinancialConsultant recommends that the City consider purchase of municipal bond insurance,then the Authorized Officer is hereby authorized and directed, on behalf of the City, toapply for municipal bond insurance, to negotiate with insurers regarding acquisition ofmunicipal bond insurance, and, in consultation with the Financial Consultant, to select aninsurer and determine which Bonds, if any, shall be insured.

14. The Authorized Officer is authorized to approve circulation of aPreliminary Official Statement describing the Bonds and to deem such PreliminaryOfficial Statement "final" for purposes of compliance with Securities and ExchangeCommission Rule 15c2-12.

15. The Authorized Officer is hereby authorized, on behalf of the City, subjectto the provisions and limitations of this resolution, to negotiate sale of the Bonds and toaccept an offer to purchase the Bonds without further resolution of this City Council.This authorization includes, but is not limited to, determination of original principalamount of the Bonds; the prices at which the Bonds are sold; the date of the Bonds; theschedule of principal maturities and whether the Bonds shall mature serially or as termbonds; the provisions for early redemption including mandatory redemption of telin

bonds, if any; and the interest rates and payment dates of the Bonds. The AuthorizedOfficer 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 ofPrior Bonds produce net present value savings to the City of at least 2.00% after paymentof costs of issuance. The true interest cost of the Refunding Bonds shall not exceed4.00%. The first maturity of principal on the Bonds shall occur no earlier than 2011, andthe date of the final maturity shall not be later than 2019. The underwriter's discount orplacement/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 determinationsthe Authorized Officer is authorized to rely upon data and computer runs provided by theFinancial Consultant. Approval of the matters delegated to the Authorized Officer underthis resolution may be evidenced by execution of the bond purchase agreement or theOfficial 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 UndertakingAgreement (the "Continuing Disclosure Undertaking Agreement") in order to enable theUnderwriter to comply with the requirements of Rule 15c2-12 promulgated by theSecurities and Exchange Commission. The Authorized Officer is authorized to executeand deliver the Continuing Disclosure Undertaking Agreement on behalf of the City insubstantially the form which the Authorized Officer shall, in consultation with BondCounsel, deteirnine to be appropriate.

18. The Authorized Officer is hereby directed to select an independentcertified public accountant to serve as verification agent to verify that the securities andcash to be deposited to the Escrow Fund will be sufficient to provide, at the times and inthe amounts required, sufficient moneys to pay the principal of and interest on the PriorBonds being refunded as they become due.

19. In the event that neither of the Authorized Officers is available toundertake responsibilities delegated to them under this Resolution, then an officer of theCity designated by one of the Authorized Officers is authorized to take such actions. Theofficers, administrators, agents and attorneys of the City are authorized and directed totake all other actions necessary and convenient to facilitate issuance and sale of theBonds and expenditure of Bond proceeds, and to execute and deliver all otheragreements, documents and certificates and to take all other actions necessary orconvenient to complete the issuance, sale, and delivery of the Bonds and expenditure ofBond proceeds in accordance with this Resolution, including appropriation and transferof Bond proceeds as appropriate, and payment of costs necessary to accomplish sale anddelivery of the Bonds including but not limited to rating agency fees, costs of printing theBonds and the preliminary and final official statements, publication of notices, financialconsultant fees, transfer agent fees, bond counsel fees, placement agent fees, and anyother costs necessary to accomplish sale and delivery of the Bonds.

20.

All resolutions and parts of resolutions insofar as they conflict with theprovisions of this resolution are hereby rescinded.

I hereby certify that the foregoing is a true and complete copy of a resolution dulyadopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, Stateof Michigan, at a Regular meeting held on December 6, 2010 at 7:00 p.m., prevailingEastern Time, and that said meeting was conducted and public notice of said meeting wasgiven 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 willbe 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 Memberswere absent:

I further certify that Member moved for adoption of saidresolution and that Member supported said motion.

I further certify that the following Members voted for adoption of said resolution:

and that the following Members votedagainst

adoption

of

said

resolution:

City Clerk

18,578,346.3\050796-00054


ORDINANCE NO.

AN ORDINANCE ENACTED UNDER THE PROVISIONS OF ACT 94,PUBLIC ACTS OF MICHIGAN, 1933, AS AMENDED, AUTHORIZING ANDPROVIDING FOR THE ISSUANCE OF REVENUE BONDS FOR THEPURPOSE OF REFUNDING A PART OF THE OUTSTANDING SEWAGEDISPOSAL SYSTEM REVENUE BONDS, AND TO PAY CERTAIN COSTSRELATING THERETO; PROVIDING THAT THE REFUNDING BONDS SHALLBE OF EQUAL STANDING AND PRIORITY OF LIEN WITH OUTSTANDINGSEWAGE DISPOSAL SYSTEM REVENUE BONDS OF THE CITY ISSUEDUNDER 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 THERETIREMENT AND SECURITY OF THE REFUNDING BONDS HEREINAUTHORIZED, AND PROVIDING FOR OTHER MATTERS RELATIVETHERETO.

WHEREAS, the City of Lansing, Counties of Ingham and Eaton, State ofMichigan (the "City") by Ordinance No. 29-A, as amended and supplemented byOrdinances No. 31-A, 35-A, 838, 873, 993 and No. 0544 (the "Outstanding BondOrdinances"), has provided for the issuance of the City's Sewage DisposalSystem Revenue Bonds; and

WHEREAS, the City has heretofore issued and sold Sewage DisposalSystem Revenue and Revenue Refunding Bonds, Series 1998, dated as ofSeptember 15, 1998 (the "1998 Bonds") in the original aggregate principal sum of$26,415,000 under the provisions of the Outstanding Bond Ordinances, for thepurposes of financing acquisition and construction of certain improvements andextensions to the existing sanitary Sewage Disposal System of the City (the"System") and to refund certain Sewage Disposal System Revenue Bonds whichwere outstanding at that time; and

WHEREAS, Stauder, Barch & Associates, Inc. (the "FinancialConsultant"), has advised the City that it may be able to accomplish a netsavings of debt service costs by refunding all or a portion of the outstanding 1998Bonds through the issuance of revenue refunding bonds in an aggregateprincipal amount of not to exceed $3,750,000 (the "Refunding Bonds"); and

WHEREAS, Section 19 of Ordinance No. 29-A authorizes the issuance ofrevenue bonds of equal standing and priority of lien with the outstanding bondsauthorized by the Outstanding Bond Ordinances as follows:

(b) For refunding a part of the outstanding Bonds andpaying costs of issuing such Additional Bonds including depositswhich may be required to be made to the Bond Reserve Account.

No Additional Bonds shall be issued pursuant to this subsectionunless the maximum amount of principal and interest maturing inany operating year after giving effect to the refunding shall be lessthan the maximum amount of principal and interest maturing in anyoperating 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 maturingin each operating year will be less than the maximum amount of principal andinterest of the 1998 Bonds being refunded (the "Refunded Bonds") maturing insuch operating year, and thereby permit the City to meet the requirements ofSection 19 of Ordinance No. 29-A therefor; and

WHEREAS, all things necessary to the authorization and issuance of theRefunding Bonds under the Constitution and laws of the State of Michigan, andthe Charter and Ordinances of the City and particularly Act 94, Public Acts ofMichigan, 1933, as amended, and the Outstanding Bond Ordinances have beendone or will be done, and the Council is now empowered and desires toauthorize 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 inthis Ordinance, except when otherwise indicated by the context, the followingterms shall have the following meanings:

(a) "1998 Bonds" means the outstanding Sewage Disposal SystemRevenue and Revenue Refunding Bonds, Series 1998, dated September30, 1998.

(b) "Authorized Officer" means either the Finance Director or theBudget Director.

(c) "Escrow Agreement" means the Escrow Agreement described inSection 6 of this Ordinance to provide for payment of principal of andinterest on the 1998 Bonds to be refunded.

(d) "Escrow Fund" means the Escrow Fund established pursuant tothe Escrow Agreement to hold the cash and investments necessaryprovide for payment of principal of and interest on the 1998 Bonds to berefunded.

(e) "Outstanding Bonds" means the outstanding 1998` Bonds andthe outstanding Sewage Disposal System Revenue and RevenueRefunding Bonds, Series 2003, dated December 18, 2003.

(f) "Outstanding Bond Ordinances" means Ordinance No. 29-A assupplemented by Ordinance No. 30-A, Ordinance No. 31-A, OrdinanceNo. 35-A, Ordinance No. 838, Ordinance No. 873, Ordinance No. 993 andOrdinance No. 0544.

(g) "Refunded Bonds" means the maturities of the 1998 Bonds orportions thereof refunded with proceeds of the Refunding Bonds.

(h) "Refunding Bonds" means the sewage disposal system revenuerefunding bonds authorized by Section 3 of this Ordinance for the purposeof 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 Councilhereby determines that Refunding Bonds shall be issued and sold only if themaximum amount of principal and interest of the Refunding Bonds maturing ineach operating year will be less than the maximum amount of principal andinterest of the Refunded Bonds maturing in such operating year. If sale of theRefunding Bonds will accomplish savings in the amount provided in Section 15 ofthis Ordinance after payment of costs of issuance of the Refunding Bonds, then itis hereby determined to be necessary for the public health and welfare of the Cityto refund all or a portion of the 1998 Bonds through issuance of the RefundingBonds.

The City Council hereby determines that the maturities of the 1998 Bondswhich remain outstanding were entirely allocated to financing acquisition andconstruction of improvements and extensions to the System and were notallocated to refunding prior bonds.

Section 3. Refunding of 1998 Bonds; Refunding Bonds Authorized. Topay costs of refunding all or any portion of the 1998 Bonds, including thepayment of the costs ,of legal, financial, bond insurance, underwriter's discountand other expenses incident thereto and incident to the issuance and sale of theRefunding Bonds, the City shall borrow the sum of not to exceed Three MillionSeven Hundred Fifty Thousand Dollars ($3,750,000) as finally determined uponthe sale thereof, and issue the Refunding Bonds therefor pursuant to theprovisions of Act 94, said Refunding Bonds to have equal standing and priority oflien with any Outstanding Bonds which are not refunded pursuant to thisOrdinance.

Section 4. Refunding Bond Data. The Refunding Bonds shall bedesignated SEWAGE DISPOSAL SYSTEM REVENUE REFUNDING BONDS,SERIES 2010 and shall not be a general obligation of the City but shall bepayable solely out of the Net Revenues. If the Refunding Bonds are sold ordelivered after December 31, 2010 then the Authorized Officer may change theword "2010" in the designated name of the Refunding Bonds to the year in whichthey 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, notexceeding 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 suchother date as may be determined at the time of sale of the Refunding Bonds, andshall mature serially or as term bonds on May 1st in the years to be determinedby the Authorized Officer at the time of sale.

The Refunding Bonds shall bear interest at a rate or rates to bedetermined at the time of sale, but in any event not exceeding the interest rateshown in Section 15, payable initially on such date as approved at the time ofsale, 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 theregistered address, as shown on the registration books of the City maintained bythe transfer agent. Interest shall be payable to the registered owner of record asof the fifteenth day of the month prior to the payment date for each interestpayment. The date of determination of registered owner for purposes of paymentof interest as provided in this paragraph may be changed by the City to conformto market practice in the future. The principal of the Refunding Bonds shall bepayable at a bank or trust company to be designated by the Authorized Officer asa registrar and transfer agent.

The Refunding Bonds may be subject to redemption prior to maturity atthe times and prices determined by the Authorized Officer at the time of sale. Inthe event that any of the Refunding Bonds shall be issued as term bonds, themandatory redemption requirements for such term bonds shall be specified at thetime of sale.

The Refunding Bonds shall be signed by the manual or facsimile signatureof the Mayor and countersigned by the manual or facsimile signature of the CityClerk. The Refunding Bonds shall have the facsimile corporate seal of the Cityprinted or impressed thereon. No Refunding Bond shall be valid untilauthenticated by an authorized officer of the transfer agent. The RefundingBonds shall be delivered to the transfer agent for authentication and be deliveredby the transfer agent to the purchaser in accordance with instructions from theAuthorized Officer upon payment of the purchase price therefor in accordancewith the bid therefor when accepted. Executed blank bonds for registration andissuance to transferees shall simultaneously, and from time to time thereafter asnecessary, be delivered to the transfer agent for safekeeping.

The Refunding Bonds may be issued in book-entry-only form through TheDepository Trust Company in New York, New York ("DTC"), and the AuthorizedOfficer is authorized to execute such custodial or other agreement with DTC asmay 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 theparameters of this Ordinance as may be required to accomplish the foregoing.Notwithstanding the foregoing, if the Refunding Bonds are held in book-entryform by DTC, payment of principal of and interest on the Refunding Bonds shallbe made in the manner prescribed by DTC.

Any Refunding Bond may be transferred upon the books of the Citymaintained by the transfer agent by the person in whose name it is registered, inperson or by his duly authorized attorney, upon surrender of the bond forcancellation, accompanied by delivery of a duly executed written instrument oftransfer in a form approved by the transfer agent. Whenever any RefundingBond or Bonds shall be surrendered for transfer, the transfer agent shallauthenticate and deliver a new Refunding Bond or Bonds, for like aggregate

principal amount. The transfer agent shall require the payment by thebondholder requesting the transfer of any tax or other governmental chargerequired to be paid with respect to the transfer. Notwithstanding the foregoing, ifRefunding Bonds are held by DTC in book-entry form, the transfer of RefundingBonds shall be made in the manner prescribed by DTC.

Upon payment by the City of all outstanding principal of and interest onthe Refunding Bonds, the registered owner thereof shall deliver the RefundingBonds to the City for cancellation.

Section 5. Applicability of the Outstanding Bond Ordinances. Except tothe extent supplemented or otherwise provided in this Ordinance, all of theprovisions and covenants provided in the Outstanding Bond Ordinances shallapply to the Refunding Bonds issued pursuant to provisions of this Ordinance,such provisions of said Ordinances being made applicable to the RefundingBonds herein authorized, the same as though said Refunding Bonds wereoriginally authorized and issued as a part of the Outstanding Bonds issuedpursuant to the Outstanding Bond Ordinances.

Section 6. Refunding Bond Proceeds. From the proceeds of sale of theRefunding Bonds there first shall be immediately deposited in the RedemptionFund any portion of any premium received by the City from the purchaser of theRefunding Bonds as determined by the Authorized Officer, and an amount equalto the accrued interest, if any, received on delivery of the Refunding Bonds, andthe City may take credit for the amount so deposited against the amount requiredto be deposited in the Redemption Fund for payment of the next maturinginterest on the Refunding Bonds.

There shall next be deposited in the Bond Reserve Account an amount, ifany, designated by the Authorized Officer at the time of sale of the RefundingBonds as necessary to meet the requirements of the Outstanding BondOrdinances.

There shall next be deposited in the Escrow Fund, from the par amount ofthe Refunding Bonds or from any portion of any premium received by the Cityfrom the purchaser of the Refunding Bonds as determined by the AuthorizedOfficer, cash and investments in direct obligations of or obligations the principalof and interest on which are unconditionally guaranteed by the United States ofAmerica, not redeemable at the option of the issuer and an amount sufficient topay principal and interest on the Refunded Bonds. The Escrow Fund shall beheld by an escrow agent in trust pursuant to the Escrow Agreement which shallirrevocably direct said escrow agent to take all necessary steps to pay theprincipal of and interest on the Refunded Bonds when due and to call suchBonds for redemption as specified in the Escrow Agreement. The cash andinvestments and income received thereon held in the Escrow Fund will besufficient without reinvestment to pay the principal and interest on the RefundedBonds when due at maturity or call for redemption as required by this section.

The Authorized Officer is hereby authorized to transfer monies from theRedemption 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 principaland interest on the Refunded Bonds. The amount to be transferred under thissection shall be an amount which will enable the interest on the Refunding Bondsand the 1998 Bonds to be, or continue to be, excluded from gross income forfederal income tax purposes as determined by bond counsel. The AuthorizedOfficer is hereby authorized to purchase, or cause to be purchased, escrowsecurities, including, but not limited to, United States Treasury Obligations -State and Local Government Series (SLGS), in an amount sufficient to fund theEscrow Fund.

The remaining proceeds of the Refunding Bonds shall be used to pay thecosts of issuance attributable to the Refunding Bonds. At the option of theAuthorized Officer the costs of the issuance of the Refunding Bonds may be paidfrom a fund established for that purpose in the Escrow Agreement.

The Authorized Officer shall designate a bank or trust company to serveas escrow agent under the Escrow Agreement. The Authorized Officer is herebyauthorized to approve, execute and deliver the Escrow Agreement.

Section 7. Refunding Bond Form. The Refunding Bonds shall be insubstantially the following form with such revisions, additions and deletions asmay be advisable or necessary to conform with the final terms of the RefundingBonds established upon sale thereof:



CITY OF LANSINGSEWAGE DISPOSAL SYSTEM

REVENUE REFUNDING BONDS, SERIES 20_

Interest Rate

Date of Maturity

Date of Oriqinal 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 promisesto pay, solely and only out of the hereinafter described Net Revenues of theSewage Disposal System of the City (the "System") to the Registered Ownerspecified above, or registered assigns, the Principal Amount specified above, inlawful money of the United States of America, on the Date of Maturity specifiedabove, with interest thereon (computed on the basis of a 360-day year consistingof twelve 30-day months) from the Date of. Original Issue specified above or suchlater date to which interest has been paid, until paid, at the Interest Rate perannum specified above, first payable on 1, 20 and semiannuallythereafter. Principal of this bond is payable upon presentation and surrenderhereof

at

the

designated

corporate

trust

office

of, Michigan, or such other transfer

agent as the City may hereafter designate by notice mailed to the registeredowner 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 ofrecord as of the fifteenth (15th) day of the month preceding the interest paymentdate as shown on the registration books of the City kept by the Transfer Agent bycheck or draft mailed by the Transfer Agent to the registered owner of record atthe registered address. For the prompt payment thereof, the revenues of theSystem, including all appurtenances, extensions and improvements thereto, afterprovision has been made for reasonable and necessary expenses of operation,maintenance and administration, are irrevocably pledged and a statutory first lienthereon is hereby created. This bond and the series of which it is one are ofequal standing and priority of lien as the net revenues of the System with [theCity's outstanding Sewage Disposal System Revenue and Revenue RefundingBonds, Series 1998, dated September 30, 1998, and] Sewage Disposal SystemRevenue 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 andsupplemented 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 underand 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 thepurpose of refunding certain outstanding sewage disposal system revenue bondsof the City.

For a complete statement of the revenues from which and the conditionsunder which this bond is payable, a statement of the conditions under whichadditional bonds of equal standing as to the Net Revenues of the System mayhereafter be issued and the general covenants and provisions pursuant to whichthis 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 referenceis made to the Ordinances and any and all supplements thereto andmodifications and amendments thereof, if any, and to Act 94 for a more completedescription of the pledges and covenants securing the bonds, the nature, extentand manner of enforcement of such pledges, the rights and remedies of theregistered owners of the bonds with respect thereto and the terms and conditionsupon which the bonds are issued and may be issued thereunder. To the extentand in the manner permitted by the terms of the Ordinances, the provisions of theOrdinances or any resolution or agreement amendatory thereof or supplementalthereto, may be modified or amended by the City, except in specified cases, onlywith 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 theregistration books of the City kept by the Transfer Agent. Upon the surrender ofthis bond together with a written instrument of transfer satisfactory to the TransferAgent duly executed by the registered owner or the registered owner's attorneyduly authorized in writing, a new registered bond or bonds in the same aggregateprincipal amount and of the same maturity shall be issued to the transferee inexchange therefor as provided in the Ordinances authorizing this bond and uponthe payment of the charges, if any, therein prescribed.

THIS BOND IS A SELF-LIQUIDATING BOND AND IS NOT A GENERALOBLIGATION OF THE CITY AND DOES NOT CONSTITUTE ANINDEBTEDNESS OF THE CITY WITHIN ANY CONSTITUTIONAL,STATUTORY OR CHARTER LIMITATION, AND IS PAYABLE BOTH AS TOPRINCIPAL AND INTEREST, SOLELY FROM THE NET REVENUES OF THESYSTEM AND CERTAIN FUNDS AND ACCOUNTS ESTABLISHED UNDERTHE ORDINANCES. THE PRINCIPAL AND INTEREST ON THIS BOND ARESECURED BY THE STATUTORY FIRST LIEN HEREINBEFORE DESCRIBED.

The City has covenanted and agreed to fix and maintain at all times whileany of such bonds shall be outstanding, such rates for service furnished by theSystem as shall be sufficient to provide for payment of the interest upon and theprincipal 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 interestredemption fund (including a bond reserve 'account) therefor, to provide for thepayment of expenses of administration and operation and such expenses formaintenance of the System as are necessary to preserve the same in goodrepair and working order, and to provide for such other expenditures and fundsfor the System as are required by said Ordinances.

It is hereby certified and recited that all acts, conditions and thingsrequired by law to be done precedent to and in the issuance of this bond and theseries of bonds of which this is one have been done and performed in regularand due time and form as required by law.

This bond is not valid or obligatory for any purpose until the TransferAgent's Certificate of Authentication on this bond has been executed by theTransfer Agent

IN WITNESS WHEREOF, the City, by its City Council, has caused thisbond to be signed in the name of the City by [the facsimile signatures of] itsMayor and Clerk, and a facsimile of its corporate seal shall be [manuallyimpressed/printed] hereon, all as of the Date of Original Issue.

CITY OF LANSING


By signature to appear here 1Mayor


[manual or facsimileBy signature to appear here 1

City ClerkDate of Registration:CERTIFICATE OF AUTHENTICATIONThis bond is one of the bonds describedin the within-mentioned ordinance.

Transfer Agent

ByAuthorized Signature


Section 8. Non-Arbitrage Covenant. The City covenants and agreeswith the Registered Owners of the Refunding Bonds that as long as any of theRefunding Bonds remain outstanding and unpaid as to either principal or interest,the City shall not invest, reinvest or accumulate any moneys deemed to beproceeds of the Refunding Bonds or the 1998 Bonds pursuant to the InternalRevenue Code in such a manner as to cause the Refunding Bonds to be"arbitrage bonds" within the meaning of the Internal Revenue Code. The Cityhereby covenants that, to the extent permitted by law, it will take all actions withinits control and that it shall not fail to take any action as may be necessary tomaintain the exemption of interest on the Refunding Bonds from gross income forfederal income tax purposes, including but not limited to, actions relating to therebate of arbitrage earnings, if applicable, and the expenditure and investment ofbond proceeds and moneys deemed to be bond proceeds, all as more fully setforth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by theCity with the Refunding Bonds.

The Authorized Officer may designate the Refunding Bonds as "qualifiedtax exempt obligations" for purposes of deduction of interest expense by financialinstitutions pursuant to the Internal Revenue Code if he or she expects theRefunding Bonds to qualify based on the aggregate amount of bonds to beissued by the City within the calendar year. Any such designation shall beevidenced by execution of the Non-Arbitrage and Tax Compliance Certificate orother certificate to be signed by the Authorized Officer for the Refunding Bonds

Section 9. Negotiated Sale. The City hereby determines to sell theRefunding Bonds at a negotiated sale instead of a competitive sale for thereason that a negotiated sale will permit the City to enter the market on shortnotice at a point in time which appears to be most advantageous or sell theRefunding Bonds by private placement, and thereby possibly obtain a lower rateof interest on the Refunding Bonds and the most favorable price for purchase ofsecurities to be escrowed for payment of the Refunded Bonds.

Section 10. Financial Consultant. The City requests Stauder, Barch andAssociates to continue as Financial Consultant to the City to assist in preparationand 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 selectsRobert 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 aselling group. By adoption of this Ordinance the City assumes no obligations orliability to the underwriters for any loss or damage that may result to theunderwriters from the adoption of this Ordinance, and all costs and expensesincurred by the underwriters in preparing for sale of the Refunding Bonds shall bepaid from the proceeds of the Refunding Bonds, if the Refunding Bonds areissued, except as may be otherwise provided in the bond purchase agreementfor the Refunding Bonds.

In the alternative, based upon the advice of the Financial Consultant theAuthorized Officer is authorized to negotiate the sale of the Refunding Bonds ona private placement basis to PNC Bank, National Association, and, if necessaryor 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 byMiller, Canfield, in matters unrelated to the Refunding Bonds, of Robert W. Baird& Co., potential selling group members, or PNC Bank in connection with mattersunrelated to issuance of the Refunding Bonds.

Section 12. Bond Ratings; Bond Insurance. The Authorized Officer ishereby authorized to apply for bond ratings from such municipal bond ratingagencies as is deemed appropriate, in consultation with the Financial Consultant,and, if the Financial Consultant recommends that the City consider purchase ofmunicipal bond insurance, then the Authorized Officer is hereby authorized anddirected to negotiate with insurers regarding acquisition of municipal bondinsurance, and, in consultation with the Financial Consultant, to select an insurerand determine which bonds, if any, shall be insured.

Section 13. Preliminary Official Statement. The Authorized Officer isauthorized to approve circulation of a Preliminary Official Statement describingthe Refunding Bonds, and to deem such Preliminary Official Statement "final" forpurposes of compliance with Securities and Exchange Commission Rule 15c2-12.

Section 14. Final Official Statement; Continuing Disclosure. After sale ofthe Refunding Bonds the Authorized Officer is authorized to prepare a finalOfficial Statement for delivery to the initial purchasers of the Refunding Bonds.The Authorized Officer is authorized to undertake annual Continuing Disclosurefilings on behalf of the City in order to enable the purchaser of the RefundingBonds to comply with the requirements of Rule 15c2-12 promulgated by theSecurities and Exchange Commission.

Section 15. Sale of Refunding Bonds. The Refunding Bonds shall not besold unless there shall be net present value savings equaling not less than2.00% after payment of costs of issuance of the Refunding Bonds, and if theprincipal and interest of the Refunding Bonds maturing in each operating year willbe less than the principal and interest of the Refunded Bonds maturing in suchoperating year. The true interest cost of the Refunding Bonds shall not exceed3.00%. The first maturity of principal on the Refunding Bonds shall occur noearlier than May 1, 2011, and the date of the final maturity shall not be later thanMay 1, 2014. The underwriter's discount or placement/purchaser's fee for theRefunding 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 determinationsthe Authorized Officer is authorized to rely upon data provided by the FinancialConsultant or the underwriter of the Refunding Bonds.

The Authorized Officer is hereby authorized, on behalf of the City, subjectto the provisions and limitations of this ordinance, to negotiate sale of the

Refunding Bonds, and to accept an offer to purchase the Refunding Bondswithout further action by City Council. This authorization includes, but is notlimited to, determination of original principal amount of the Refunding Bonds, theprices at which the Refunding Bonds are sold; the date of the Refunding Bonds;the schedule of principal maturities and whether the Refunding Bonds shallmature serially or as term bonds; the provisions for early redemption includingmandatory redemption of term bonds, if any; the interest rates and paymentdates of the Refunding Bonds, and the maturities of the 1998 Bonds or portionsthereof which are refunded. Approval of the matters delegated to the AuthorizedOfficers under this Ordinance may be evidenced by execution by the AuthorizedOfficer of a bond purchase agreement or Official Statement for the RefundingBonds. The Authorized Officer is authorized to sign a bond purchase agreementfor the Refunding Bonds on behalf of the City.

Section 16. Verification Agent. The Authorized Officer is hereby directedto select an independent certified public accountant to serve as verification agentto verify that the securities and cash to be deposited to the Escrow Fund will besufficient to provide, at the times and in the amounts required, sufficient moneysto pay the principal of and interest on the Prior Bonds being refunded as theybecome due.

Section 17. Other Actions. In the event that neither of the AuthorizedOfficers is available to undertake responsibilities delegated to them under thisResolution, then an officer of the City designated by one of the AuthorizedOfficers is authorized to take such actions. The officers, administrators, agentsand attorneys of the City are authorized and directed to take all other actionsnecessary and to facilitate issuance and sale of the Refunding Bonds, and toexecute and deliver all other agreements, documents and certificates and to takeall other actions necessary or convenient to complete the issuance and deliveryof the Refunding Bonds in accordance with this Ordinance, and to pay costs ofissuance including financial consultant fees, the fee of the Municipal AdvisoryCouncil, filing fees with State Treasury, rating agency fees, costs of printing theRefunding Bonds and the preliminary and final official statements, publication ofnotices, transfer agent fees, bond counsel fees, placement agent fees, and anyother costs necessary to accomplish sale and delivery of the Refunding Bonds.

Section 18. Repeal, Savings Clause. All ordinances, resolutions oforders, or parts thereof, in conflict with the provisions of this Ordinance arerepealed.

Section 19. Severability; Paragraph Headings; and Conflict.

If anysection, paragraph, clause or provision of this Ordinance shall be held invalid, theinvalidity of such section, paragraph, clause or provision shall not affect any ofthe other provisions of this Ordinance. The paragraph headings in thisOrdinance are furnished for convenience of reference only and shall not beconsidered to be a part of this Ordinance.

Section 20. Publication and Recordation. This Ordinance shall bepublished 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 itsadoption, and shall be recorded in the Ordinance Book of the City and suchrecording authenticated by the signatures of the President of the council and theCity Clerk.

Section 21. Effective Date. As provided in Act 94, this Ordinance shallbe effective upon its adoption.

Passed and adopted by the City of Lansing, Counties of Ingham andEaton, State of Michigan, on December 6, 2010

Signed:

President of the CityCouncil

Signed:

City Clerk

I hereby certify that the foregoing is a true and complete copy of anOrdinance adopted by the City Council of the City of Lansing, Counties ofIngham 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 conductedand public notice of said meeting was given pursuant to and in full compliancewith the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, andthat the minutes of said meeting were kept and will be or have been madeavailable as required by said Act 267.

I further certify that the following City Council members were present atsaid

meeting:

and that the following City Councilmembers

were

absent:

I further certify that City Council member movedadoption of said Ordinance, and that said motion was supported by City Councilmember

I further certify that the following City Council members voted for adoptionof

said

Ordinance

and that the following CityCouncil

members

voted . against

adoption

of

said

Ordinance

I further certify that said Ordinance has been recorded in the OrdinanceBook and that such recording has been authenticated by the signatures of thePresident of the City Council and the City Clerk.

City Clerk

18,582,647.3\050796-00054


WHEREAS, City Clerk Chris Swope submitted a recommended list of dates for theLansing City Council meetings for 2011 to the Lansing City Council; and

WHEREAS, Mayor Virg Bernero has requested the State of the City Address to beJanuary 24; and

WHEREAS, the Lansing City Charter requires the City Council to meet weekly at least50 weeks a year; and

WHEREAS, the Committee of the Whole has reviewed the City Clerk'srecommendations 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 therecommendations of City Clerk Chris Swope for Lansing City Council meeting dates for2011 as follows:

January 3, .10January 20 Thursday at 1:30 p.m. due to Martin Luther King Jr. DayJanuary 24, 5:00 p.m. for the State of the City Address, location t.b.a.January 31February 7, 14, 21, 28March 7, 14, 21, 28April 4, 11, 18, 25May 2, 9, 16, 23June 2 - Thursday at 1:30 p.m. due to Memorial DayJune 6, 13, 20, 27July 7 - Thursday at 1:30 p.m. due to Independence DayJuly 11,18,25August 1, 8, 15, 22, 29September 8 - Thursday at 1:30 p.m. due to Labor DaySeptember 12, 19, 26October 3, 10, 17, 24November 4 - Thursday at 1:30 p.m. due to HalloweenNovember 7, 14, 21, 28December 5, 12

Except as otherwise noted, all meetings will be on a Monday at 7:00 p.m. in theLansing City Council Chambers, 10th Floor City Hall.

BE IT FURTHER RESOLVED that the Lansing City Council, hereby, schedules anadditional Lansing City Council meeting for Monday, December 20, 2010 at 1:30 p.m.

BE IT FURTHER RESOLVED that the Lansing City Council, hereby, rescindsResolution 2010-374.

BE IT FINALLY RESOLVED that Council shall meet as a Committee of the Whole onMonday, January 3 at 6:00 p.m.

INTRODUCTION OF ORDINANCEADD SECTION 1220.22

Council Member Jeffries, Chair of the Committee on Development and Planningintroduced:

An Ordinance of the City of Lansing, Michigan, to Amend Chapter 1220 by adding aNew Section 1220.21 to the Lansing Codified Ordinances for the purpose ofestablishing the Marshall Street Armory Historic District, a Single-Resource LocalHistoric District located at 330 Marshall Street [PPN 33-01-01-15-226-012] in the Cityof Lansing, Michigan, and defining its boundaries in accordance with Chapter 1220

The Ordinance is referred to the Committee on Development and Planning

RESOLUTION SETTING PUBLIC HEARINGBy Council Member Jeffries

RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be setfor Monday, January 10, 2011 at 7:00 p.m. in the City Council Chambers, 10th FloorLansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan, to Amend Chapter 1220 by adding a NewSection 1220.21 to the Lansing Codified Ordinances for the purpose of establishing theMarshall Street Armory Historic District, a Single-Resource Local Historic Districtlocated at 330 Marshall Street [PPN 33-01-01-15-226-012] in the City of Lansing,Michigan, and defining its boundaries in accordance with Chapter 1220.

Interested Persons are invited to attend this Public Hearing

DRAFTChapter 1220, Sec 22

12/9/2010

1

ORDINANCE NO. 1220.22

2

3

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN TO AMEND CHAPTER

4 1220 BY ADDING A NEW SECTION 1220.21 TO THE LANSING CODIFIED

5 ORDINANCES FOR THE PURPOSE OF ESTABLISHING THE MARSHALL STREET

6 ARMORY HISTORIC DISTRICT, A SINGLE-RESOURCE LOCAL HISTORIC DISTRICT

7 LOCATED AT 330 MARSHALL STREET [PPN 33-01-01-15-226-012] IN THE CITY OF

8 LANSING, MICHIGAN, AND DEFINING ITS BOUNDARIES IN ACCORDANCE WITH

9 CHAPTER 1220.

10 The City of Lansing ordains:

11

Section 1. That Chapter 1220 of the Code, of Ordinances of the City of Lansing,

12 Michigan, be and is hereby amended by adding a new Section 1220.22 to read as follows:

13

SECTION 1220.22. MARSHALL STREET ARMORY HISTORIC DISTRICT.

14

THE MARSHALL STREET ARMORY HISTORIC DISTRICT, LOCATED AT 330

15

MARSHALL STREET, BEING LEGALLY DESCRIBED AS:

16

A PARCEL OF LAND, BEING PART OF THE NORTHEAST 'A OF SECTION

17

15, T4N, R2W, CITY OF LANSING, INGHAM COUNTY, MICHIGAN BEING

18

MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE

Brigham Smith, City Attorney

Page 1 of 3

Approved for placement on the City Council agenda:


12/9/2010

19

NORTHEAST CORNER OF SECTION 15, T4N, R2W: THENCE SO1 44'44"W,

2 0

1600.25 FEET ALONG THE EAST LINE OF SAID SECTION 15 ALSO BEING

21

THE WEST LINE OF ADAM'S ADDITION TO THE CITY OF LANSING,

22

INGHAM COUNTY, MICHIGAN (LIBER 4, PAGE 25) TO THE NORTHEAST

2 3

CORNER OF LONGYEAR'S ADDITION TO THE CITY OF LANSING,

2 4

INGHAM COUNTY, MICHIGAN (LIBER 2, PAGE 17); THENCE N88

2 5

53'28"W, 369.49 FEET ALONG THE NORTH LINE OF SAID LONGYEAR'S

2 6

ADDITION AND THE NORTH LINE OF J.B. RAYNER'S ADDITION TO

2 7

THE CITY OF LANSING, INGHAM COUNTY, MICHIGAN (LIBER 3, PAGE

2 8

20) TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED

2 9

PARCEL; THENCE CONTINUING N88 53' 28'W, 390.06 FEET ALONG SAID

3 0

NORTH LINE AND THE NORTH LINE OF BROWN'S INSURANCE

31

AGENCY ADDITION TO THE CITY OF LANSING, INGHAM COUNTY,

32

MICHIGAN (LIBER 4, PAGE 15) AND THE NORTH LINE OF RUMSEY'S

33

MICHIGAN AVENUE ADDITION TO THE CITY OF LANSING, INGHAM

3 4

COUNTY, MICHIGAN (LIBER 2, PAGE 12) TO THE EAST LINE OF

35

MARSHALL STREET; THENCE S88 53'28"E, 388.16 FEET; THENCE SO1

3 6

30'42"W, 502.98 FEET TO THE POINT OF BEGINNING,


Page 2 of 3



12/9/2010

37

3 8

IS HEREBY ESTABLISHED AS A LANSING HISTORIC DISTRICT IN

3 9

ACCORDANCE WITH THIS CHAPTER.

4 0

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof

41

are hereby repealed.

4 2

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

4 3

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

4 4

other than the part so declared to be invalid.

4 5

Section 4.

This ordinance was duly adopted by the Lansing City Council on

4 6 , 2011, and a copy is available in the office of the Lansing City Clerk, 9th Floor, City

4 7 Hall, 124 W. Michigan Avenue, Lansing, MI 48933.

4 8

Section 5.

This ordinance shall take effect upon the expiration of seven (7) days from

4 9 the date this notice of adoption is published in a newspaper of general circulation.


Page 3 of 3


INTRODUCTION OF ORDINANCE

Council Member Jeffries, Chair of the Committee on Development and Planningintroduced:

An ordinance of the City of Lansing, Michigan, providing for the rezoning of aparcel of real property located in the City of Lansing, Michigan, and for therevision of the district maps adopted by Section 1246.02 of the Code ofOrdinances.

Property identified as: Z-10-2010, 934 Clark Street, rezoning from "B"Residential district to "D-1" Professional Office district

The Ordinance is referred to the Committee on Development and Planning.

BY THE COMMITTEE ON DEVELOPMENT & PLANNINGRESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Resolved by the City Council of the City of Lansing that a public hearing be set forMonday, January 10, 2011, at 7 p.m. in City Council Chambers, Tenth Floor, LansingCity Hall, 124 West Michigan Avenue, Lansing, Michigan, for the purpose of approvingand/or opposing the Ordinance for rezoning:

Z-10-2010, 934 Clark Street, rezoning from "B" Residential district to "D-1"Professional Office district

ORDINANCE #

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, PROVIDING FOR THEREZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OFLANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPSADOPTED BY SECTION 1246.02 OF THE CODE OF ORDINANCES.

The City of Lansing ordains:

Section 1. That the district maps adopted by and incorporated as Section 1246.02 ofthe Code of Ordinances of the City of Lansing, Michigan be amended to provide asfollows:

To change the zoning classification of the property described as follows:

Case Number:

Z-10-2010Address:

934 Clark StreetParcel Number:

PPN: 33-01-01-10-409-071/-081Legal Descriptions: Lots 9, 10 & 11, Assessor's Plat Number 21, City of

Lansing, Ingham County, State of Michigan, from "B"Residential District to "D-1" Professional OfficeDistrict.

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereofare hereby repealed.

Section 3.

This ordinance was duly adopted by the Lansing City Council on2011, and a copy is available in the office of the Lansing City Clerk, 9th

Floor, City Hall, 124 W. Michigan Avenue, Lansing, MI 48933.

Section 4. This ordinance shall take effect upon the expiration of seven (7) days fromthe date this notice of adoption is published in a newspaper of general circulation.

4

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing to Amend Section 1298.07 of Title Six, "Zoning," ofPart Twelve, of the Lansing Codified Ordinances to clarify the existing ordinancelanguage and to require that applications for new wireless communication towersinclude evidence of a lease or an option to lease agreement with a telecommunicationsprovider

Is read a second time by its title. The Ordinance was reported from the Committee onDevelopment and Planning and is on the order of immediate passage.

By Council Member Jeffries

COUNCIL MEMBER

YEAS

NAYSDUNBAR

❑

❑

HEWITT

❑

❑

HOUGHTON

❑

❑

JEFFRIES

❑

❑

QUINNEY

❑

❑

ROBINSON

❑

❑

WOOD

❑

❑

YORKO

❑

❑

❑ ADOPTED

❑ FAILED

Wireless Communications Towers - Ordinance AmendmentsPage 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

5 REQUIRE THAT APPLICATIONS FOR NEW WIRELESS COMMUNICATION TOWERS

6 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 pennitted 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 Pennits, of the Zoning Code, except as modified

23

in this section.

1



1

(3)

In granting a special land use permit, the Council may impose

2

conditions to the extent the council concludes such conditions are

3

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

7

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

8

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

11

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

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17

18

19

20

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reimburse the City for the costs and expenses incurred in reviewing

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

be considered by the Planning Board until all conditions required

in the resolution of council shall have been met.

(b)

Towers.

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

applications for special land use pennits pursuant to Chapter 1282,

Special Land Use Peunits, of the ZONING Code, applicants for a

special land use permit for a tower shall submit the following

information with the application or, with respect to OTHER

information deemed by the zoning administrator to be necessary to

assess compliance with this CHAPTER ordinance [chapter]

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

determined by the zoning administrator:

(i)

A scaled site plan clearly indicating the location, type and

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

adjacent land uses and zoning (including when adjacent to

other municipalities), comprehensive plan classification of

the site and all properties within the applicable separation

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

roadways, proposed means of access, setbacks from

property lines, elevation drawings of the proposed tower

and any other structures, topography, parking, and other



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2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

information deemed by the zoning administrator to be

necessary to assess compliance with this ordinance

[chapter].

(ii) Legal description of the parent tract and leased parcel (if

applicable).

(iii) The setback distance between the proposed tower and the

nearest residential unit, platted residentially zoned

properties, and unplatted residentially zoned properties.

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

inventory of existing sites submitted pursuant to subsection

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

The applicant shall also identify the type of construction of

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

tower(s), if known.

(v) A landscape plan showing specific landscape materials.

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

the method of camouflage and illumination.

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

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

and all applicable federal, state or local laws.

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

construction of the tower will accommodate collocation of

additional antennas for future users.

4



1

Rcscrvcd.

EVIDENCE AT THE TIME OF

2

APPLICATION OF A LEASE OR AN OPTION TO

3

LEASE BY A TELECOMMUNICATIONS PROVIDER

WITH THE OWNER OF THE PROPERTY IN

QUESTION.

(x)

A description of the suitability of the use of existing

towers, other structures or alternative technology not

requiring the use of towers or structures to provide the

services to be provided through the use of the proposed

new tower, INCLUDING SPECIFICS AS TO WHY SUCH

TOWERS, STRUCTURES OR ALTERNATIVE

TECHNOLOGIES ARE NOT SUITABLE OR FEASIBLE

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

petiuit applications pursuant to Chapter 1282, Special Land Use

21

Pennits, 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

4

5

6

7

8

10

12

13

5



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;

7 (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

towersuse of

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

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4

5

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22



applicant demonstrates to the reasonable satisfaction of the Council

that no existing tower, structure or alternative technology that does

not require the use of towers or structures can accommodate the

applicant's proposed antenna. An applicant shall submit

information requested by the council related to the availability of

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:

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

geographic area which meets the applicant's engineering

requirements.

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

meet the applicant's engineering requirements.

(iii) Existing towers or structures do not have sufficient

structural strength to support the applicant's proposed

antenna and related equipment.

(iv) The applicant's proposed antenna would cause

electromagnetic interference with the antenna on the

existing towers or structures, or the antenna on the existing

towers or structures would cause interference with the

applicant's proposed antenna.

7



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 technology 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)

22

23

Towers must be set back a distance equal to at least 75

percent of the height of the tower from any adjoining lot

line.

8

1

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3

4

5

6

7

8

9

10

11

12

13

14

15

16



(ii)

Guys and accessory buildings must satisfy the minimum

zoning district setback requirements.

(5)

Separation. The following separation requirements shall apply to

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

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

standard separation requirements if the goals of this chapter would

be better served thereby.

(i)

Separation from off-site uses/designated areas.

(a) Tower separation shall be measured from the base

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

designated areas as specified in Table 1, except as

otherwise provided in Table 1.

(b) Separation requirements for towers shall comply

with the minimum standards established in Table 1.

Table 1:

TABLE INSET:

Off-Site Use/Designated Area Separation Distance

Single-family or duplex residential units 1 100

feet

or

150

percentheight of tower whichever isgreater

Vacant single-family or duplex residentiallyzoned land which is either platted or haspreliminary subdivision plan approval whichis not expired

100

feet

or

150

percentheight of tower 2 whicheveris greater

Vacant unplatted residentially zoned lands3

100

feet

or

100

percentheight of tower whichever is

9

1

2

4

5

6

7

9

10

11

12

13

14

15

16

17

18

19



greater

Existing multifamily residential units greaterthan duplex units

100

feet

or

100

percentheight of tower whichever isgreater

Nonresidentially

zoned

lands

ornonresidential uses None; only setbacks apply

1

Includes modular homes and mobile homes used for living purposes.

2

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

3

Includes any unplatted residential use properties without a valid

preliminary subdivision plan or valid development plan approval and any

multi-family residentially zoned land greater than duplex.

(ii)

Separation distances between towers.

(a)

Separation distances between towers shall be

applicable for and measured between the proposed

tower and preexisting towers. The separation

distances shall be measured by drawing or

following a straight line between the base of the

existing tower and the proposed base, pursuant to a

site plan, of the proposed tower. The separation

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

Table 2.

Table 2:

TABLE INSET:

10

1

2

3

4

5

6

7

9

10

11

12

13



Existing Towers--Types

Lattice Guyed Monopole 75 feet inheight or greater

Monopole less than75 feet in height

Lattice 5,000 5,000 1,500 750

Guyed 5,000 5,000 1,500 750

Monopole75 feet inheight orgreater

1 ,500 1 ,500 1,500 750

Monopoleless

than75 feet inheight

750 750 750 750

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

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

appropriate anti-climbing device; provided however, that the

council may waive such requirements, as it deems appropriate.

(7) Landscaping. The following requirements shall govern the

landscaping surrounding towers for which a special land use

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

such requirements if the goals of this chapter would be better

served thereby.

(i)

Tower facilities shall be landscaped with a buffer of plant

materials that effectively screens the view of the tower

compound from property used for residences. The standard

11



1

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3

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5

6

7

8

9

10

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12

13

Section 2.

buffer shall consist of a landscaped strip at least four feet

wide outside the perimeter of the compound.

In locations where the visual impact of the tower would be

minimal, the landscaping requirement may be reduced,

deferred, or waived.

Existing mature tree growth and natural land forms on the

site shall be preserved to the maximum extent possible. In

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

natural growth around the property perimeter may be a

sufficient buffer; in these cases, landscaping may be

deferred during the time period that the natural growth

provides a sufficient buffer.

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


18

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

19 immediate effect by City Council.

12

Chris SwopeLansing City Clerk

December 9, 2010

City Council President and Members of the Lansing City Council10th Floor, City HallLansing, MI 48933

Dear Council Members:

The attached request for Recognition of Non-Profit Status in the City of Lansing hasbeen submitted to the City Clerk's Office, and is being forwarded for your considerationand appropriate action:

Crime Stoppers of Mid-Michigan

Sincerely,

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 o 517-377-0068 FAXclerk.cityoflansingmi.com [email protected]

BY THERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Crime Stoppers of Mid-Michigan has requested a resolution ofrecognition as a Local Nonprofit Organization operating in the City of Lansing forthe 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 thedocumentation submitted, the applicant qualifies as a Local NonprofitOrganization;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,recognizes the Crime Stoppers of Mid-Michigan as a Local NonprofitOrganization operating in the City of Lansing for the purpose of obtaining acharitable gaming license.

BE IT FURTHER RESOLVED the City Clerk is requested to provide a copy ofthis resolution to the Crime Stoppers of Mid-Michigan of 3315 S. PennsylvaniaAve., Lansing, MI 48910.

November 29, 2010

Mr. Chris Swope, City ClerkCity of Lansing124 W. Michigan Ave.9th FloorLansing, MI 48933

Dear Clerk Swope:

The Crime Stoppers of Mid-Michigan is requesting recognition as a Non-ProfitOrganization by the City of Lansing. Our goal is to obtain a Charitable Gaming Licensefrom the State of Michigan to conduct a weekly bingo event in South Lansing.

Attached with this letter are copies of our 501(c)3 designation, Articles of Incorporationand our Bylaws.

Please contact our Executive Director, Suzy Carter, if you have any questions or requirefurther information.

Sincerely,

3315 S. Pennsylvania Ave., Lansing, MI 48910

Tel: 517-394-4614www.crimestoppersofmidmichigan.com

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AMBROSE CPA

PAGE 92

OEPARY$ENT OF YRE TREASURY

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314056011Contact Torreon:

PEA Ell*C''onteet Telephone Number;

(613) 624-5578Our Latter Dated;

January 101 4990Addendum Applies:

No

Dear Applicants

This modifies our fetter of the above date in which we stated that youhed ba treated as an organization that is not a private foundation unfit the

expiretiCrn of your advance ruling period.

Your ouempt status under seetio 601(.',) of the Internet Revenue Coda as anorganization, described in eectioa rt)tlc)i3) is still in effort. Sexed on theinformation you subsritted+ wo have detareitned that you drat not a priY4tefoundation within the meaning of s*e tihn $0PCa) of the Coda heceuee you are an'rgenimation of the type described in section 504ta}1i) and 110(ttti)(4)cvll.

Qrantr_,rz and coetributcr6 may rely on this ¢4termtnetion unless theInternal Revenue Service publishes notice to the tontrai-y

However, if youlose your section 500Ca}ill statue, 4 ttreetbr or sentrfti1ttor wrtay not rely onthis deturelr.etion if he or she was in pert responsibly for, or woo aware of,the not or faller* to actr or the substantial or material ehenge oil. the part ofthat organi;at1cr that resulted in your love of such status: or If he or sheacquired kneltiedile dial: the Internal Revenue Service had given notice that younavid no longer be classified t}s a set-Aloe 00?(ei(1) or geeizatten.

If we hive indicated in the heading of this letter that an eddendesspo iiesi the Addenda inclosed la an integral part of this tatter.

Seesest tt+io letter coin help re,eive any questions aDOtrt Your privatefoundation statesi please lce,ee it in your permanent recIrd.

If you have any Au,stioes. phase eenteet the person whose name eedti lephone masher ere shown above.

C. Asille'y Qni soldDistrict; Director

INTERNAL REVENUE SERvIC.gDISTRICT DIREPTPRP O. 80X ZIIOCINCINNATI, OH 45201

Lo•te:

^ APR ^ i 16%.

CRIME STOPPERS OF MIirF.O. SOX 420E. LANSING, MI 433Z6

#ICHI©AN 1Nt

eveik tun Ir(

CRIME STOPPERS OF MID-MICHIGAN, INC.

BY-LAWS

Article 'I -

PURPOSE AND NAME

Mid-Michigan, Inc.

Sec. 1.2 -The purpose or purposes for which the corporation isorganized. are to 'provide and encourage citizeninformation and* . assistance to area law .enforcement-agencies to. assist' in investigating and 'solving' majorunsolved crimes; to heighten public awareness of certainserious crimes by publicizing through - the media the factsand circumstances of such crimes; to encourage' publiccitizens to come'forward with information and assistance'to police by offering and paying . rewards; to recognizecitizen assistance•to . law enforcement agencies by public.awards, and to carry out any purpose and exercise allpowers permitted- by §251 and §252 of 1982 PA 162 notinvolving pecuniary gain or profit fie.; its officers or' . .directors.

:;

-

Sec. 1.3 LIMITATICNS .

. '

•

No part of the net earnings of the corporation .shallinure to the . benefit of, or be distributable to. its-members, officers, 'or other private persons, except thatthe corporation shall.: be' . authorized and empowered :to pay.'reasonable - compensation.-for services rendered and to makepayments-and distributions in furtherance of -the purposesset forth in its Articles: No substantial -part .of the.activities - of the corporation shall be the carrying on'of propaganda, 'or: otherwise attempting to influencelegislation,' and' the .corporation shall not -participate .-in, or - intervene in- (including .the publishing or

distribution Of statements) any political . campaign onbehalf -of - any

candidate

• for • public -. office.. -Notwithstanding any other provision of•these bylaws,.thecorporation shall not carry on any other activities not -permitted to be carried on (a) by a corporation eXempt-from' federal income tax "under 'section 501(c)(3) -of theInternal Revenue- Code of -.1954 (or 'the .:corresponding'provision of. any:future United States'Internal* RevenueLaw) or. (b) by 'a corporation,. contributions to which are*deductible under • section ' 170(c) (2) of -the Internal

Sec. 1.1 The name of this organization shall be Crime Stoppers of

Revenue Code of 1954 (or the corresponding provision of- any future United States Internal Revenue Law).

Lobbying to influence legislation., for this .purpose,means:

1. Any attempt to influence , any legislation through amove to affect the opinions of the general public or anysegment thereof; and

2. Any attempt to influence any legislation throughcommunication with any member or employee of. alegislative body, or *with any government official oremployee who'may - participatein the formulation of thelegislation'..

Sec .. 1.4, Dues. Members shall be obligated to pay dues annually,.in advance, in order to receive. notice of and participatein the annual 'meeting: Dues must be paid 30 days priorto the' annual meeting, in an amount' to be determined bythe Board of Directors.

Dues are not refundable.

Article II '

DIRECTORS,

`The Corporation shall be managed by a Board ofDirectors- consisting of no fewde than twelve (12)nor more•thaxi twenty-one (21) Members who shallserve for a term of three (3) years,- except that an'equal number.. of ' the initial members shall be .appointed for an initial term of one year, two years .and three years. The initial members of the Boardshall be' appointed. by the ' incorporators..' . ' Anyvacancy occurring in the Board of Directors•and anyDirectorship' to be filled by..reasonof'an increasein the number of Directors beyond - those-initiallyappointed shall be filled by•the Board of.Directors. '

Sec. 2.2 .Election of Directors

a.: At the .. annual meeting of. the :Directors the' .nominating. committee will present a slate ofcandidates for selection -to the Board of Directors.Nominations may be taken from the.floor.

Those nominees receiving the largest , number of votesfor the -.vacancies to be filled 'shall be declaredelected, shall assume office immediately, and the

-2-

result of the election shall be announced at theAnnual Meeting.

b. No paid employee of the corporation shall beeligible for election as a director and no directorshall receive compensation for services as adirector.

c. Any vacancy of a director shall be filled by theBoard.

«a- Attendance.

A•director may be declared to have resigned in the eventof absence at three regular Meetings of the Board withinany fiscal year, unless such absences: are. excused byprior arrangement with-the-President or Secretary.

Sec. 2:4 Scope of Authority. The Board shall have and. exerciseall the usual powers of director of a businesscorporation, including the power to borrow' money and.issue notes o`f the corporation for the repayment thereof,and to • direct the affairs' of the Corporation. They shallmake all rules and regulations which they deem necessaryor proper .for the government of the ,Corporation, and forthe due and orderly conduct of its 'affairs . and themanagement of its property, not. inconsistent with itsArticles of Incorporation and these By-laws. They . mayexercise all powers not expressly reserved to the'members.

°e .14 -

Sec. 2.5 Reimoval Any director may be removed from office by amajority' vote of all of the Directors appointed andserving whenever. the Board of Directors determines in itssole and absolute discretion that removal is desirableand in the best interests of the Corporation.

'Article- III

OFFICERS

Sec. 3.1 The' officers shall be 'President, Vice President,Recording Secretary., Treasurer and, if the ' Boarddetermines a need for staff; -Executive Director who shallserve as staff of the organization.. 'All' officers exceptthe Executive Director will be elected by the Directorsfrom among its members ,at .a Board meeting to beheld at-.the•annual meeting,

Sec:: _3 .2 ' Term of Office. _The 'officers, .with the exception of theExecutive . Director, , shall be elected for a- term .of one

-3-

fiscal year, Officers may succeed themselves, but maynot serve more than two consecutive years in the sameoffice.. The Executive Director shall serve indefinitely,at the discretion of the Board of Directors.

Sec. 3:3 The duties of the officers shall be such as usuallypertain to their respective offices, or as are prescribedand assigned to them from . time .to time by-the Directors.

Sec. 3.4 The Board shall have the power to : appoint such-subordinate officers '. or agents, as , may. be necessary-inits judgment for the conduct of the business of theCorporation, and to designate their titles andcompensation if any.

'

- Sec. 3.5 Vacancies. Vacancies' for unexpired. terms of office shallbe filled•by election by the Board of Directors.

:Article IV .

ADVISORY BOARDS

fRae m:S There may be Advisory Boards, appointed by the ExecutiveCommittee and approved by the Board of Directors,consisting of persons other than Directors and staff ofthe Corporation, whose support,-advice and assistancewould be beneficial to. the Corporation.

Article V.

QUORUM

Sec. 5.1 . ,,Sj, members of ' the current members of the Board ofDirectors shall constitute a quorum at any meeting of theBoard.

-Article VI -

SPECIAL MEETINGS

Sec. 6.1 Special meetings of. the Board-of Directors may be calledby or at the request of the President or any threeDirectors and shall be held at the principal office of.

- the . Corporation or such'.other place as shall be statedin the notice calling the•meeting.

Sec.6.2...Notice of any especial meeting of the Board of Directorsshall be given at least five (5) days previously thereto

'' by , written notice delivered personally ' or sent by mail: -or electronic means to :each. Director at his or her..address as shown . by the records- of the Corporation... If-'

-4-

mailed, such notice shall be deemed to be delivered whendeposited in the United States mail in a sealed envelopeso addressed, with postage thereupon prepaid. If noticeis given by telegram, such notice shall be deemed to bedelivered when the telegram is delivered to the telegraphcompany. Any Director may waive notice of any meeting.The attendance of a. Director at any meeting shallconstitute a waiver of notice of . such. meeting, exceptwhere a Director attends a meeting for the purpose ofobjecting to the transaction of any business because themeeting is not lawfully-called or convened. No businessshall be transacted at the meeting unless it is specifiedin the notice or waiver of notice of such meeting unlessspecifically required by law or by these By-laws.

Article VII I

COMITTEES

Ae„ ,,' 7. 1 An Executive Committee of the Board of Directors shallconsist of the officers together with three otherDirectors appointed by the - President with the approvalof the' Board. The Executive Committee shall have andexercise' , the full authority of . the Board in 'themanagement of the business of the Corporation between themeetings of the Board, except that Board action shall benecessary for personnel action or to amend ,By-laws,remove. or fill vacancies of officers, directors orexecutive committee members.

es-Se p;., 74 2 A Nominatinq Committee of five Di're'ctors shall be

appointed by the President at-a regular meeting. Thiscommittee shall submit Nominees by September 1st for theDecember election of Directors for the ensuing year. Itshall also submit a slate of nominations for officers nofewer than 7 days before the. meeting set for the electionof officers as provided herein. .

Sec.. 7 ,.3 -- Other ..standing ' ,or ' . speecial' committees of - the . Board . , of-:. .Directors may be' established by' the Board , and appointedby the President from among the. members of the Board..Other standing or special. committees not having or'

- -:exer'ci'sing the authority of the Board of Directors but.•-involved in activities relating to the function of .the

organization may . be appointed by' the President Orestablished by, the Board, and may . include 'members' of theCorporation who are not Directors.

-5

Article VIII

REPORTS

Sec. 8.1 The fiscal year shall end on the thirty-first.of Decemberof each year.

Sec. 8.2 The Treasurer shall cause to be kept a proper record ofall moneys received for the . Corporation from all sources,and keep .proper vouchers indicating the amount and nature'of' all - • expenditures. The moneys of the Corporation shallbe deposited in the name of the Corporation and allpayments shall be made in its name.

Sec.. 8.3 The accounts' of the Treasurer shall be previewed by anindependent certified public accountant . appointed by theBoard at the end . of each fiscal year, and . at such othertimes. as are • deemed by-the Directors to be expedient.

Sec. 8.4 A financial report, based On such audit, shall be' madeto the Board by. the Treasurer at least once *annually andtransmitted by the Secretary to the members of theCorporation. . Such report shall not. disclose money .payments made to any one individual, but Directors shallhave the right to. be given such information on request.

Sec. 8.5 The President shall present an annual report-to the Boardand to the members, reviewing the year ended and makingsuch recommendations for the year approaching as may bereasonable.' .

-

Sec. 8.6 An operating budget for the ensuing s #ason, as preparedby the Executive Committee and approved by the Board,shall be transmitted to the members with the -financialreport of-the preceding year. '

Sec. 9.1 In the event funds are received for restricted purposeswith the requirement that principal shall remain intact,the Board shall provide for the designation of an outsidecorporate trustee when .the aggregate of such funds exceed$10,000.00, with or without one or more Directors as co- -

. . trustees, and the execution - of a Trust Indenture byofficers of the Corporation duly authorized to act-, andsuch funds shall be-transferred to such trustees.' -'

Article IX

RESTRICTED FUNDS

-e6-

Article X

PARLIAMENTARY AUTHORITY

Sec. 10.1' The parliamentary authority governing deliberations ofthis Corporation shall be Roberts' Rules of Order,Revised. The President, or Vice-President in his or her-absence,-as presiding officer,•shall chair all meetings.of the members of the Board of Directors. The presidentmay appoint a Parliamentarian each year.

Article XI

AMENDMENTS

ec. 11.1 These. By-laws may be amended by a. majority vote of allof the members of the Board ..of Directors at any' regularmeeting or special meeting called for such purpose,provided, however, that .a copy'of said amendments shallhave been mailed to all members of the Board 20 .days inadvance of the meeting at which it is to be voted upon.

Article XII

CONTRACTS, CHECKS, DEPOSITS, AND FUNDS

Sec. 12-.1 Contracts. the Board . of Directors may authorize anyofficer or officers, agent or agents of the Corporation,in addition to the officers so authorized by these By-..laws, to enter into any contract-or e=xecute and deliver . .any instrument in the name' of and In behalf of theCorporation, and such authority may be general-or may beconfined to specific instances.

Sec. 12.2 Checks, Drafts, or Orders. All checks, drafts, or,ordersfor the payment of money, notes, or other evidences ofindebtedness-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 the 'Board ' of Directors. '''..

Sec. 12.3 Deposits.

- All- . funds • of the- Corporation - .shall ' bedeposited ,from time to :time to the . credit . of theCorporation in such banks', trust companies, :•or, 'other'-.depositories.as...the Board of Directors - May select.

Sec. 12.4 Gifts. The 'Board' of Directors may accept onbehalf: ofthe Corporation any. contribution, 'gift, bequest, or.device for any purpose - of the Corporation.

-7-

Article XIII

INDEMNIFICATION

Sec. 13.1 This Corporation shall indemnify any and all of itsdirectors or officers or former directors or officers,against expenses actually and necessarily incurred bythem in connection. with the defense of any action, suitor proceeding in..which they or. any of them are madeparties or a party by reason of being or having beendirectors, or a director or officer of this Corporation,except in• relation to matters as to which any suchdirector or officer, or former director or officer, shallbe adjudged in such action, suit or proceeding to' be'guilty of gross negligence or misconduct in theperformance of duty and' to such matters as shall besettled by agreement predicated on the existence of suchgross negligence liability.

Article 'XIV

BOOKS AND' RECORDS

Sec. 14.1 The Corporation shall keep'correct and complete books andrecords of account and shall also keep minutes of theproceedings of its members, Board of'Directors, andcommittees having and exercising any of the authority ofthe Board of Directors, and shall keep at the principaloffice a record giving the names 'and addresses of themembers and directors entitled to vote. All. books and*..records. of the Corporation may' be 'nspected by any'officer-or director, or his' or her agent or-attorney forany proper purpose at any reasonable time.

Article XV

'WAIVER OF NOTICE

Sec.' 15.1 .Whenever- any notice _is- requiredto be given :under theprovisivris'. of the "Michigan General Corporations Act Or . :under. the provisions of the Articles of Incorporation orthe By-laws of the Corporation,, a waiver thereof inwriting signed by the. person or'persons'entitled to suchnotice, whether before or. after thetime.stated therein,shall be deemed equivalent to the giving of such notice.

Article XVI ' SEAL

$ c 16.1 The. Board of Directors shall provide a corporate sealwhich may be circular in form and may have-inscribed

-8-

Heron the name of the Corporation, its designation asMichigan nonprofit corporation, and the words

`tCoxporate Seal" and such other identifying make as theBoard may select.

The undersigned, beinn the duly elected Recording Secretary of Crime Stoppers of Mid-Michigan, Ina, certitiie!s that the foregoing By-laws were adopted by a majority vote ofthe Board of Directors Iat a regular meeting of the Board held in East Lansing, Michiganon September 21, 1980 and re-cexrtfiied at a special meeting of the Board dicers onNovember 18, 2010. :

Countersigned;

'-9-

lEaroJing, Aict)igan

g-4e;y/t's,to-60e/ g/za&A,te'ekepffY/wo/lAo. i(atio/7,ff'

CRIME STOPPERS OF MID-MICHIGAN. INC.

writ&dabdadth/ ef.'e. al, do 28TH

4'e JUNE

089

th

wig ../te,

Yet.Acts,gco .

g/2 teetzinory, wizerel,

Aed.eeatto- ,ret,kind and d tA& JeaL w('eAe 0^z&4

28TH

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, 689

C&S-179

3 .2.8765X02

C8S-502 (Rev. 5 .86)

MICHIGAN DEPARTMENT OF COMMERCE - CORPORATION AND SECURITIES BUREAU

(FOR BUREAU USE ONLY)

F

aI LA D Date Received

Jvti 26 1969 .

JUN 28 i :J

AdministratorMICHIGAN DEPT OF COMMERCE00r:

ni;d:?i t Scc'^ritf3s Buresii

CORPORATION IDENTIFICATION NUMBER

ARTICLES OF INCORPORATIONFor use by Domestic Nonprofit Corporations

(Please read instructions and Paperwork Reduction Act notice on last page)

Pursuant to the provisions of Act 162, Public Acts of 1982, as amended, the undersigned corporationexecutes the following Articles:ARTICLE I

The name of the corporation is:

CRIME STOPPERS OF MID-MICHIGAN, INC. ''-

ARTICLE II

The urp $e or p rpose,s for which the corporation is organized are:To provide and encourage citizeninformation and assistance to area law enforcement agencies to assist in investigating andsolving major unsolved crimes; to heighten public awareness of certain serious crimes bypublicizing through the media the facts 'and circumstances of etch crimes; to encouragepublic citizens to come forward with information and assistance to police by offering andpaying rewards; to recognize citizen assistance to law enforcement agencies by publicawards, and to carry out any purpose and exercise all powers permitted by §251 and §252 of1982 PA 162 not involving pecuniary gain or profit for its officers or di rent-ors-

ARTICLE III

basis.The corporation is organized upon a nonstock

(stock or nonstock)

1. if organized on a stock basis, the total number of shares which the corporation has authority to issue

is . If the shares are, or are to be,divided into classes, the designation of each class, the number of shares in each class, and the relative rights,preferences and limitations of the shares of each cuss are as follows:

ARTICLE Ill (con't)

ARTICLE IV

2. If organized on a nonstock basis, the description and value of its real property assets are: (if none, insert"none")

none

and the description and value of its personal property assets are: (if none, insert "none")

noneThe corporation-is to be financed under the following general plan: Primarily from charitable

contributions received frail the general public, public and private grants, corporate andbusiness sponsorships, earnings from in-kind services donated by the public media, andgoods, 'services and property donated by the general 'public.

The corporation is organized on a directorship basis.(membership or directorsh,p)

1. The address of the registered office is:

120 W. Michigan Avenue(Street Address)

Lansing(city)

, Michigan 48933 (ZIP Code)

at

2. The mailing address of the registered office if different than above:

P.O. Box 4520 East Lansing

48826' Michigan

(City)

(ZIP Code)

3. The name of the resident agent at the registered office is:Charles E. Reifsnyder

ARTICLE V

The name(s) and address(es) of all the incorporator(s) is (are) as follows:De aReE. McGinty

^r^601 Abbo

s l:?. , EaastBL,ansing, l MIs18823

Cassandra Heos P.O. Box

4520

East Lansing, MI 48826

Judy Hannah P.O. Box 2510

East Lansing, MI 48826

Richard L. Fox 120 W. Michigan Lansing, Mt 48933

Charles Reifsnyder 120 W. Michigan Lansing, NI 48933

Andrew P. McEnteeDept. of Public Safety

Michigan State University East Lansing, MI 48824

Ted Lewis Michigan State University East Lansing

MI

.48824

Vincent J. Kuntz P.O. Box 2510

,

East Lansing; MI 48826

Sam ChatterjeeInstructional Media Center

Michigan State University East Lansing, MI 48824

(P.O. Box)

Use space below for additional Articles or for continuation of previous Articles. Please identify any Article beingcontinued or added. Attach additional pages if needed.

SF.F ATTACHMENT A FOR ARTICLES VI, VII, VIII, IX, X, & XI.

I (We), the incorporator(s) sign my (our) name(s) this 21st

day of June _ , 19 89

ATTACHMENT A

CRIME STOPPERS OP MID-MICHIGAN, INC.ARTICLES VI, VII, VIII, IX, X, & XI

ARTICLE VI:

The corporation shall be managed by a Board of Directors consistingof not less than 12 nor more than 21 members who shall serve fora term of 3 years, except that an equal number of the initialmembers of the Board shall be appointed for an initial term of 1year, 2 years and 3 years. The initial members of the Board shallbe appointed by the incorporators. Any vacancy occurring in theBoard of Directors and any directorship to be filled by an increasein the number of directors beyond those initially appointed shallbe filled by the Board of Directors.

ARTICLE VII:

No dividend or distribution of any assets, income or net earningsof the Corporation shall be paid to any member, director orofficer, except that the corporation may pay compensation in areasonable amount to members, directors or officers for servicesrendered or personal expensess incurred on behalf of thecorporation.

ARTICLE VIII:

No'substantial part of the activities of the corporation shall bethe carrying on of propaganda or otherwise attempting to influencelegislation, and the corporation shall not participate in orintervene in (including the publishing , or distribution ofstatements) any political campaign on behalf of any candidate forpolitical office.

' ARTICLE IX:

a. Any person deemed a "volunteer director" as defined byMCL 450.2110(2) shall not be personally liable tothecorporation or its members for monetary damages for abreach of the director's fiduciary duty. ,However, thisprovision shall not eliminate or limit the liability ofa director for any of the following:

(i)

a breach of the director's duty of loyalty tothe corporation or its members.

(ii) acts or omissions not in good faith whichinvolve intentional misconduct or a knowingviolation of law.

(iii) a prohibited corporate action described at MCL

450.2551(1).

(iv) a transaction from which the director derivedan improper personal profit.

(v) an act or omission that is grossly negligent.

b. The corporation shall assume all liability to any personother than the corporation or its members for all actsor omissions of a volunteer director.

ARTICLE X:

The corporation is organized and shall be operated exclusively forcharitable, religious, educational and scientific purposes.Notwithstanding any other provision of these Articles or the Bylaws'of the corporation, the corporation shall not carry on any otheractivities not permitted to be carried on by a corporation exemptfrom federal income tax under Section 501(C) (3) of the InternalRevenue Code or corresponding section of any future federal taxcode.

ARTICLE XI:

Upon dissolution of the corporation or the winding up of itsaffairs, all property and assets of the corporation shall bedistributed exclusively to a non-profit fund, foundation, orcorporation which is organized and operated exclusively- forcharitable, educational, or scientific purposes and which hasestablished its tax-exempt status under Section 501(C)(3) of theInternal Revenue Code.

Chris SwopeLansing City Clerk

December 8, 2010

City Council President Robinson and Lansing City Council Members10th Floor City HallLansing, MI 48933

Dear President Robinson and Council Members:

Pursuant to Article 5, Chapter 2, Section 205.2 of the Lansing City Charter, on December6, 2010 my office received and placed on file the following:

Board of Water and Light Proposed Electric, Water, Steam and Chilled WaterRate Changes

This document is available for review at the office of the City Clerk and on the City Clerk'swebsite (www.lansingmi.gov/clerk).

Sincerely,

Ch its Swope, CNf CLansing City Clerk

Lansing City Clerk's OfficeNinth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695

517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAXwww.lansingmi.gov/clerk • [email protected]

Virg Bernero, Mayor

OFFICE OF THE MAYOR9th Floor, City Hall

124 W. Michigan AvenueLansing, Michigan 48933-1694

(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council President A'Lyrme Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

December 9, 2010

RE:

Resolution- Setting a Public Hearing-East Village Brownfield Redevelopment PlanNo. 5D

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

VB/rhAttachment

"Equal Opportunity Employer"

Virg Bernero, Mayor

City of Lansing

Inter-DepartmentalMemorandum

To:

Virg Bernero, Mayor

From:

Karl Dorshimer, LEDC Vice President

Subject:

CITY COUNCIL AGENDA ITEM - East Village Brownfield Plan Amendment #5d

Date:

December 7, 2010

Please forward this resolution and attached document to the City Council for placement on the Agenda.

If you have any questions, or need additional information, please give me a call.

Attachments


BY THE PLANNING AND DEVELOPMENT COMMITTEERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

BROWNFIELD PLAN #5dEAST VILLAGE BROWNFIELD REDEVELOPMENT PLAN

WHEREAS, the Lansing Brownfield Redevelopment Authority has prepared and forwarded anapproved Brownfield Plan pursuant to and in accordance with the provisions of the BrownfieldRedevelopment Financing Act, Public Act 381 of 1996, as amended, for property commonly referredto as East Village located in the City of Lansing, Michigan; and

WHEREAS, prior to Council's action on this request, it is necessary to hold a public hearing on thePlan, to allow for any resident, taxpayer or ad valorem taxing unit the right to appear and be heard;

NOW, THEREFORE, BE IT RESOLVED that a public hearing be held in the City CouncilChambers of the City of Lansing, 10 th Floor, Lansing City Hall, Lansing, Michigan, on ?? at 7:00p.m. on Brownfield Plan #5d - East Village Brownfield Redevelopment Plan under the BrownfieldRedevelopment Financing Act, for property located within the boundary more particularly describedas:

COM 40 FT S OF N 1/4 COR SEC 15, THE 816.53 FT, S 938.68 FT. W 1055.47 FT, N 115.77 FT,W 99.59 FT, N 827.99 FT TO S LINE E SAGINAW ST, E 335.85 FT TO BEG; SEC 15 T4N R2W

And that the City Clerk cause notice of such hearing to be published twice in a publication of generalcirculation, no less than 10 days or more than 40 days prior to the date of the public hearing, and thatthe City Clerk also cause the legislative body of each taxing unit levying ad valorem taxes on thisproperty, to be notified of Brownfield Plan #5d and the scheduled public hearing.

Approved for placement on City Council Agenda

City Attorney

Date:

City of LansingNotice of Public Hearing

The Lansing City Council will hold a public hearing on ?? at 7:00 p.m. in the City CouncilChambers, 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 personsand ad valorem taxing units to appear and be heard on the approval of Brownfield Plan #5d - EastVillage Brownfield Redevelopment Plan, pursuant to and in accordance with the provisions of theBrownfield Redevelopment Financing Act, Public Act 381 of 1996, as amended, for property locatedon East Saginaw Avenue in Lansing, Michigan, but more particularly described as:

COM 40 FT S OF N 1/4 COR SEC 15, THE 816.53 FT, S 938.68 FT. W 1055.47 FT, N 115.77 FT,W 99.59 FT, N 827.99 FT TO S LINE E SAGINAW ST, E 335.85 FT TO BEG; SEC 15 T4N R2W

Approval of this Brownfield Plan will enable the Lansing Brownfield Redevelopment Authority tocapture incremental tax increases which result from the redevelopment of the property to pay forcosts associated therewith. Further information regarding this issue may be obtained from KarlDorshimer, Economic Development Corporation of the City of Lansing, 401 N. Washington Square,Suite 100, Lansing, MI 48933, (517) 483-4140.

City Clerk

East Village BrownfieldRedevelopment Plan

Saginaw StreetLansing, Michigan

Brownfield Plan #5dAmendment 3

Brownfield Redevelopment AuthorityLansing, Michigan

Approved by the LBRA - December 3, 2010Approved by the Lansing City Council -

Table of Contents

Section

Page

1. Site Location 2...........................2. Project Summary Sheet 33. Past Use of the Property - Site History 44. Project Phase I - Brownfield Project Description 45. Project Phase I - Existing Plan Brownfield Eligible Activities 76. Previous Use of Bond and Tax Revenues for Eligible Activities 87. Project Phase II - New Developer Brownfield Project 98. Project Phase II - New Developer Eligible Activities 119. Captured Taxable Value & Tax Increment Revenues 1210. Method of Brownfield Plan Financing 1311. Amount of Note or Bonded Indebtedness Incurred 1312. Duration of the Brownfield Plan 1313. Estimated Impact on Taxing Jurisdictions 1314. Legal Description & Site Map 1415. Personal Property 1416. Displacement of Persons : 1417. Site Remediation Revolving Fund 1418. Other Information 14

Schedule

Schedule 1

Detailed Financial Numbers

Exhibit

Exhibit A

Legal Description of the Property

1.

Site Location

2

2.

Project Summary Sheet

Project Name: East Village Brownfield Redevelopment Plan

Property Location: East Saginaw Street, Lansing, Michigan

Project Description: Purchase and completion of the East Village owner occupiedresidential development project

New Developer:

Developer

Allen Edwin Homes

Investment:

Estimated Job

Approximately $10,000,000 including $513,365 of eligiblebrownfield activities

Creation/Retention: There will be some temporary constructions and sales jobs. Thedevelopment is all residential so no direct long-term jobs areexpected.

Duration of Plan:

Property TaxesGenerated By Project:

Estimated to be 14 years.

(Over life of amended plan) $3,798,653 Property Taxes Paid

Uses of Taxes $

21,332 To City of Lansing$

165,628 To Lansing School Dist.$

189,307 To State Education Tax$ 376,267 Total Local Revenue

$1,613,343 Total LBRA Bond Costs$

513,365 To Reimburse New Developer$

155,973 For LBRA administration$ 1,139,705 To LBRA Revolving Fund$ 3,422,386 Total Capture to LBRA

Total Uses of Taxes $3,798,653

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3. Past Use of the Property - Site History

This brownfield project site is an approximately 25-acre parcel of commonly known as the"Boys Training School (BTS) Property" hereinafter referred to as "the Property." The Property islocated on East Saginaw Street between Pennsylvania Avenue and Marshall Street.

The Property was historically used by the State of Michigan from the mid-1800's to the mid-1960's as a juvenile detention center and training school. This past use of the Property resultedin the contamination of surficial soils. Stockpiling of soil on the Property during constructionactivity on an adjacent site may have also lead to contamination of the surficial soil. One ormore underground storage tanks (USTs), containing petroleum products, may have been locatedon the Property in the past.

A Phase II Environmental Site Investigation Report completed in February 2001 by Soils andMaterials Engineers documented elevated levels of contaminants found through soil samplingincluding selenium and mercury at concentrations above the Groundwater Surface WaterInterface (GSI) Protection Criterion. Furthermore, the Soils and Materials Engineers Phase IISite Investigation Report noted the possibility that one or more USTs containing petroleumproducts may remain on the Property. The results of these prior site assessments and the resultsof subsequent soil and groundwater testing performed by AKT Peerless Environmental Serviceson behalf of the LBRA have allowed AKT Peerless Environmental Services to conclude that theProperty is a "facility" in accordance with Part 201 of the Michigan Natural Resources andEnvironmental Protection Act, 1994 Mich. Pub. Act 451, as amended ("Part 201"). As a facility,the Property may be eligible for redevelopment incentives from Lansing's BrownfieldRedevelopment Authority.

The then vacant State owned Former Boy's Training School site became available in the late90's for purchase by the City. The parcel, centrally located along Saginaw Street offered a greatopportunity for urban residential development. The City purchased the property and requestedproposals for development from many local, state and national developers.

The Burton-Katzman Development Company (the "Original Developer") headquartered inBingham Farms, Michigan was selected as the developer. Because the site was a brownfield, itwas necessary for the City to offer brownfield redevelopment incentives to make the projectwork economically.

4. Project Phase I: Brownfield Project Description

The original project proposed by the Original Developer was a large residential development ofboth single family and multi-unit for sale owner occupied structures.

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Figure 1 - Original Developer Site Plan

In 2002, the City of Lansing (City) entered into a purchase and development agreement with theDeveloper. The agreement called for the Property to be developed for owner-occupied singlefamily housing between 177 and 183units (approximate), including single-family detached and single-familyattached dwellings. The overallestimated investment for the projectat the time was approximately $26million. In 2003, the City of Lansingapproved PRD-1-03 which was arequest by the Burton-KatzmanDevelopment Company to implementthe BTS plan by developing a total of177 condo units on the subjectproperty. The approved PRD consistsof 6, 12-unit condo buildings, 12, 6-

condo buildings and 33 singlefamily homes, for a gross density of7.2 units per acre.

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As noted above, previousenvironmental investigations paid forby the Lansing BrownfieldRedevelopment

Authority,established the presence ofenvironmental contamination on theProperty. However, during theDeveloper's "due diligence" phase,their consultants identified severalsite

conditions

which

werepreviously

unidentified

andunanticipated. Specifically,petroleum contaminants were foundto be in the soil at one location on thesite and fill and peat, substancesunsuitable for building foundation

construction, were found to cover most of the property in significant quantities. Upon discoveryof these conditions, estimated costs for environmental work and site preparation increased to alevel that made the project unacceptable to the Developer unless the Brownfield incentives wereapplied at a higher rate than was previously anticipated in the earlier Plan.

The original brownfield plan called for the Developer to pay for the up-front costs of bothcleanup and development and the LBRA intended to reimburse them for brownfield related costsover a multiyear period. However in this instance and following then Mayor Hollister'srecommendation, the LBRA made the decision to issue a bond and borrowed funds to pay for alarge portion of the brownfield costs associated with the project. The plan called for the LBRAto capture the increase in property taxes from the new development to make the payments on theLBRA bond. The original brownfield plan was approved by the Lansing BrownfieldRedevelopment Authority (LBRA) and then the Lansing City Council in 2003.

As part of the Brownfield Plan, theCouncil resolution of approval includeda provision providing the full faith andcredit of the City for bonds issued bythe LBRA in connection with the Plan.In 2004, the LBRA issued $2,225,000 inbonds to fund eligible brownfield costssupporting the project. From 2004 tothe present, the LBRA has madebiannual BTS bond payments.

The Developer began the project in2003 with the majority of eligibleactivities taking place including

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environmental, infrastructure and site preparation and made some progress toward reaching theinitial goal of being fully completed in 2008. However the market for housing began to softensoon thereafter with each year worse than the previous until the developer fell behind scheduleand eventually defaulted on a bank loan they had secured to fund the project. At the time ofdefault the Developer had built 67 of the planned 168 units. As of 2010, 57 of the 67 built unitshad been finished and sold, leaving 10 to be completed and 101 of the original planned units notbuilt.

5.

Project Phase I: Existing Plan Brownfield Eligible Activities

As was stated previously, the LBRA and City approved amended plan (LBRA Plan #5c) in 2003.Plan #5c contained the following list and amounts of approved Eligible Activities:

Table 1: Eligible Activities (!Existing Plan #5c) "Not toExceed" Cost:

1. Brownfield Plan Preparation (LBRA) $4,817.502. Phase I Environmental Site Assessment (LBRA) $1,500.003. Phase II Environmental Site Assessment (LBRA) $13,019.554. Baseline Environmental Assessment (LBRA) $3,153.755. Site Remediation & Due Care (Developer) $664,363.00

6. Total Environmental $686,853.80

7. Infrastructure Improvements (Developer) $346,500.008. Site Preparation (Developer) $910,000.009. Developer Interest Costs (Developer) $116,683.0010. Environmental Insurance (Developer) $150,000.0011. Total Non-Environmental $1,523,183.00

12. Revolving Fund Capture (LBRA) $610,902.0013. Admin. & Legal Cost (LBRA) (10% of Capture) $411,312.00

Total Project Cost: $3,232,250.80

In 2003, the Developer also submitted Act 381 Work Plans to both the Michigan EconomicDevelopment Corporation (MEDC) and the Michigan Department of Environmental Quality(MDEQ). The MEDC/MEGA Board approved the capture of taxes levied for school operatingpurposes up to $1,890,237 of which no more than $283,536 could be taxes levied under the stateeducation tax act (SET). The purpose of this capture was to reimburse for non-environmentalEligible Activities.

The MDEQ approved the capture of taxes levied for school operating purposes up to $630,442 ofwhich no more than $301,428 could be taxes levied under the state education tax act (SET). The

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purpose of this capture was to reimburse for environmental Eligible Activities with half thecaptured SET with the other half of captured SET to be deposited into the LBRA revolving fund.

Brownfield SBT Credit (Project #SO4-0017) was approved by Michigan Economic GrowthAuthority on February 24, 2004 for a maximum Eligible Investment of $19,520,000 resulting ina maximum credit of $1,000,000. The project was later amended to: add time resulting in a newproject completion date of February 24, 2011, and; convert the project to a multi-phase project (2total phases). The project was also awarded a Certificate of Completion on September 28, 2007for Phase I in the amount $500,000.

6.

Previous Use of Bond Proceeds and Tax Capture to Fund Eligible Activities

The LBRA issued a bond on 08/01/2004 in the amount of $2,225,000.

Table 2: Sources and Uses of Past Plan RevenueBond Principal $2,225,000.00Plus: Premium/(Discount) -$5,231.64Purchase Price $2,219,768.36

Total Accrued Interest $4,647.78Gross Amt. Due From Purchaser $2,224,416.14Less: Good Faith Deposit -$44,500.00Net Amt. Due to LBRA at Closing $2,179,916.14

Distribution of Net Bond Proceeds by IssuerDeposit to Construction Fund $1,866,191.14Deposit to Debt Retirement Acct. Accrued Interest $4,647.78Deposit to Debt Retirement Acct. Capitalized Interest $309,077.22Total Available for Deposit (Project) $2,179,916.14

Bond Construction Funds Spent on Elig. ActivitiesSite Remediation & Due Care (environmental) -$584,544.46Infrastructure Improvements (non-environmental) -$311,953.00Site Preparation (non-environmental) -$903,502.54

Remainder for debt retirement $379,916.14Local Taxes Captured (life of plan to date) $956,566.46School Taxes Captured (life of plan to date) $347,331.39

Total Pool of Funds $1,683,813.99Bond P&I Payments Made -$1,554,948.75Remainder $128,865.24

LBRA Administration -$95,345.88LBRA Eligible Activities -$23,851.84Balance of Plan Funds $9,667.52

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The LBRA used $1,800,000 of the bond proceeds to fund eligible activities on behalf of theDeveloper. The LBRA retained the remainder of the bond proceeds as a reserve to help makethe annual principal and interest payments of the LBRA bond. Table 2 documents the use of thebond reserve revenue and tax capture to date per the existing plan.

Due to falling property values, the failure of the Developer to meet the original buildout scheduleand owner occupied unit property tax delinquencies, the LBRA was forced to ask the City tomake good on its pledge to the LBRA and make up the shortage in the LBRA bond payments.The LBRA has entered into an agreement to pay back the City for the borrowed funds includinginterest at a rate of 6% annually. These payments are scheduled to begin in 2014 after the LBRAbond is paid off in 2013.

Table 3 gives the existing and projected shortfalls in bond payments that the LBRA faces. Thetable also calculates the extra interest costs the LBRA will face from having to borrow fundsfrom the City of Lansing.

Table 3: Bond Payment ShortfallsYear Bond Capture to Shortfall Balance to

CityInterest to

CityPayment Debt P&I2010 $494,902.50 $214,538.82 $280,363.68 $280,363.68 $0.002011 $499,340.00 $197,649.63 $301,690.37 $582,054.05 $16,821.822012 $434,247.50 $213,649.13 $220,598.37 $802,652.42 $34,923.242013 $424,865.00 $222,799.98 $202,065.02 $1,004,717.45 $48,159.152014 $0.00 $233,401.71 -$233,401.71 $771,315.74 $60,283.052015 $0.00 $242,592.69 -$242,592.69 $528,723.05 $46,278.942016 $0.00 $250,373.11 -$250,373.11 $278,349.94 $31,723.382017 $0.00 $252,876.84 $0.00 $0.00 $16,701.00

Totals $254,890.58

7.

Project Phase II: New Developer Brownfield Project Description

With Burton-Katzman no longer the Developer or owner of the Development, the lender whoforeclosed on the undeveloped and unfinished portion of the project has sought buyers tocomplete the project. Fortunately, a Michigan based firm, Allen Edwin Homes (NewDeveloper) has contacted both the lender and City expressing interest in purchasing the portionof the development yet to be completed and finishing the project. Allen Edwin Homes hasextensive experience in Michigan and has continued to build and sell homes even during the lastfew years. Allen Edwin recognizes the potential of the development and is willing to take it on ifthe brownfield redevelopment incentives can be made available to them. By working with theCity, Allen Edwin has modified the plan for completion of the East Village neighborhood. TheCity Council has approved these modifications in the form of an amendment to the original

9

Developer's plan. The new amended plan will reduce the number of multiple familybuildings/units and increase the number of single family detached residential units, resulting in atotal reduction of the number of for sale owner occupied units in the development from 177 to125. The amended plan is consistent with the intent and purpose of the Zoning Code and withthe objectives of the Northeast Area Comprehensive Plan and the Boys Training SchoolDevelopment Plan. The original plan represented a density of 7.5 units per acre. The currentamended plan will reduce the density to 5.3 units per acre, which is still well within the densityrange being advanced in all of these documents. In fact, the proposal will actually make thedensity of the subject property even more consistent with the density of the surroundingresidential areas which is approximately 6-7 dwelling units per acre.

The proposal will also be consistent with the report from the BTS Advisory Committee datedApril 3, 2003 which specifically recommended: "That the developer incorporate designmodifications recommended by the Committee that would enable more single family detachedhomes to be constructed." At the time, housing market conditions did not support thisrecommendation. However, the housing market has drastically changed and the New Developerbelieves that single family detached condominiums are for more favorable to the current marketconditions than the multiple family condominiums that were originally proposed.

R; sLi'sDSr.-,re'ErIA4

PathttuleT...

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Allen Edwin is committing to:

• Finish and sell the existing vacant 10 units that were left by the previous developer.• Conduct site prep and other Eligible Activities.• Build one multi-unit building with 6 town home units in it.• Build 48 single family detached homes over a five year period.

Total investment by Allen Edwin will be approximately $ 10,000,000

8.

Project Phase II - New Developer Eligible Activities

Table 4 gives the new amended Eligible Activities for the Brownfield Plan. Items #1 through #5pertain to the outstanding LBRA bond costs which must be assumed by the amended plan. Theallocation of taxes captured for education purposes (school taxes) between environmentalTable 4:

Eligible Activities (Plan #5d)Total

EligibleActivity

Cost

PortionReimbursed

by LocalTax Capture

PortionReimbursedby MEGASch. TaxCapture

PortionReimbursedby MDNRE

Sch. TaxCapture

1. LBRA Bond Principle $1,270,000 $1,089,099 $122,154 $58,747

2. LBRA Bond Interest $87,890 $75,371 $8,454 $4,066

3. LBRA Bond Fees $563 $482 $54 $26

4. LBRA Interest to City $254,891 $218,584 $24,516 $11,791

5. Total LBRA Bond Costs $1,613,343 $1,383,536 $155,178 $74,629

6. Developer Site Prep &Infrastructure

$513,365 $440,240 $73,125 $0

7. LBRA Admin & Legal $155,973 $155,973 $0 $0

8. LBRA Revolving Fund $1,139,705 $1,139,705 $0 $0

Total Capture by LBRA $3,422,386 $3,119,453 $228,303 $74,629

(MDNRE) and non-environmental (MEGA) is consistent with the initial ratio of expendituresfrom the Bond Construction Fund as given Table 2. Item #6 in Table 4 gives the estimated newEligible Activities to be incurred by the New Developer. These costs are non-environmental andthus will be reimbursed with a combination of captured Local and MEGA School Taxes.

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Item #7 in Table 4 lists the expected administrative and legal cost to be incurred by the LBRA.This amounts to 5% of the annual local capture. No school taxes will be used for LBRAadministration. Item #8 gives the expected amount of local taxes to be captured and depositedin the LBRA Revolving Fund as allowed by Brownfield Redevelopment Financing Act, 1996PA 381, as amended. The LBRA is not planning to capture school taxes for deposit into theLBRA Revolving Fund. The priority of allocation of captured taxes will be: 1. LBRAAdministration (local taxes only); 2. Bond Costs; 3. Developer Eligible Activities; and 4. LBRARevolving Fund (local taxes only).

9.

Captured Taxable Value and Tax Increment Revenues

The LBRA is expected to capture the tax increment revenues from 2011 through 2024 which willbe generated by the increase in taxable value. The following table provides a summary of theanticipated taxable value and the tax increment revenue which it will provide:

Table 5:TaxYear

Incremental TaxableValue

Tax IncrementRevenue

2011 $4,692,235 $206,5702012 $5,723,172 $223,2922013 $6,272,612 $232,8562014 $6,922,936 $243,9362015 $7,473,328 $253,5422016 $7,923,794 $261,6742017 $8,003,032 $264,2902018 $8,083,063 $266,9332019 $8,163,893 $269,6032020 $ 8,245,532 $235,1872021 $8,327,988 $237,5392022 $8,411,267 $239,9142023 $8,495,380 $242,3132024 $8,580,334 $244,736Total $3,422,3 86

The captured incremental taxable value and associated tax increment revenue will be determinedby the City Assessor. The actual increased taxable value of the land and all future taxableimprovements on the Property may vary. Furthermore, the amount of tax increment revenueavailable under this Plan will be based on the actual millage levied annually by each taxingjurisdiction on the increase in tax value resulting from the redevelopment project that is eligibleand approved for capture. The New Developer may be eligible to apply for State of Michiganfor Brownfield Michigan Business Tax credits.

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10. Method of Brownfield Plan Financing

The new Eligible Costs listed in Item #6 of Table 4 will be paid for by the New Developer. TheDeveloper will be reimbursed for these costs by the LBRA utilizing taxes captured from theproject. The current estimated amount of capture used to reimburse the Developer is $513,365.Additionally, the LBRA is not obligated to reimburse the Developer for more than $513,365 oftotal Eligible Activities during the life of this Plan. The LBRA is not obligated to reimburse anyNew Developer Eligible Activities performed or conducted on the project site after December31, 2012.

The LBRA will provide financing for its costs to implement and administer the Plan by utilizing5% of the new local taxes captured per year for the duration of the Plan. This expense is noted inTable 4 Item #7 above. No portion of captured school taxes will be used for LBRAadministration costs. The LBRA will also deposit up to $1,139,705 in local captured taxes intoits Revolving Fund.

11. Amount of Note or Bonded Indebtedness Incurred

As was noted above, the LBRA has existing outstanding debt for this brownfield project. Thetotal estimated amount of debt is $1,613,343 and will be paid back with a combination of localand school taxes. Table 4 lists these costs in more detail in items #1 through #5.

12. Duration of the Brownfield Plan

Unless amended by the Lansing City Council, the Plan is anticipated to remain in effect until allapproved activities in this plan are covered or the year 2034, whichever occurs first.

13. Estimated Impact on Taxing Jurisdictions

The following table presents a summary of the new tax revenues generated by the taxingjurisdictions whose millage is subject to capture by the LBRA under this Plan.

Table 6 - Impact on Taxing JurisdictionsCity of Lansing $1,266,701.88Lansing Comm. College $312,338.97Ingham Inter. Sch. Dist. $385,203.05Ingham County $692,454.61Airport $57,363.71CATA $243,755.29Cap. Area Dist. Library $127,989.39Potter Park Zoo $33,646.36State Education Tax $302,932.42

$3,422,385.6813

Additional information related to the impact of tax increment financing on the various taxingjurisdictions is presented in Schedule 1 attached to this Plan.

12. Legal Description & Site Map

The legal description of the Eligible Property is provided as Exhibit A.A Site Map is provided on page 1.

13. Personal Property

Incremental tax revenues resulting from new personal property will be captured if available.Any such funds will be used to reimburse the LBRA and Developer for eligible activities.

14. Displacement of Persons

No persons will be displaced as a result of this project.

15. LBRA Revolving Fund

The LBRA will deposit the equivalent of five years annual local tax capture in the LBRA'sRevolving Fund as permitted by Act 381 of 1996, as amended ("the Act"). The funds will beused in a manner consistent with the requirements of the Act.

16. Other Information

The LBRA and the Lansing City Council, in accordance with the Act, may amend this Plan inthe future in order to fund additional eligible activities associated with the Project describedherein.

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Schedule 1 - Detailed Financial Numbers - East Village Brownfield Plan #5d -Estimated Project Numbers

1 2 3 4 5 6 7 8 9 10 11 12 13Current Captured Tax Value $4,692,235 Local Local School Local School LocalCurrent Base Tax Value $0 Existing

Real Prop.AdditionalReal Prop.

ProjectedTotal TV

Taxesto

Taxesto LBRA

Taxesto LBRA

Taxesto

Taxesto

Taxesto LBRA

Taxesto LBRA

SchoolTaxes TotalTotal New Personal Property Investment $0 YearTV Capture TV Capture Capture Tax Units Adm. Fund Developer Developer Debt Debt to State Taxes

Total New Real Prop. Market Value $8,940,000 2011 $4,692,235 $0 $4,692,235 $10,693 $8,921 $0 $0 $0 $28,153 $169,496 $0 $217 2642012 $4,739,157 $984,015 $5,723,172 $11,559 $9,643 $0 $0 $0 $30,432 $183,217 $0,

$234 8512013 $4,786,549 $1,486,063 $6,272,612 $12,054 $10,056 $0 $0 $0 $31,736 $191,064 $0,

$244 9102014 $4,834,414 $2,088,521 $6,922,936 $12,627 $10,535 $0 $0 $0 $33,246 $200,156 $0,

$256 5642015

$4,882,759 $2,590,570 $7,473,328 $13,125 $10,949 $0 $0 $0 $34,555 0206,037 $0,

Total Environmental Costs - LBRA $1,613,343 2016 $4,931,586 $2 , 992 , 208 $7 , 923 , 794 $13 , 546 $11 , 300 $0 $0 $0 $35,664 $214,709 $0$266,667$275,219Total Non-Envron. Costs - Developer $513,365 2017 $4,980,902 $3,022,130 $8,003,032 $13 , 681 $11 , 414 $0 $0 $0 $36,020 $216,857 $0 $277,971Total Eligible Activities $2,126,708 2018 $5,030,711 $3,052,352 $6,083,063 $13,818 $11 , 528 $0 $36 , 381 $219 , 025 $0 $ 0 $0 $280,7512019 $5,081,018 $3,082,875 $8,163,893 $13,956 $11,643 $0 $36,744 $221,215 $0 $0 $0 $283 559T o tal Eligible Investment forMBTCredit - Developer $0 2020 $5,131,828 $3,113,704 $8,245,532 $14,096 $11,759 $223,427 $0 $0 $0 $0 $37 , 112

,$286 3942021 $5,183,147 $3,144,841 $8,327,988 $14;237 $11,877 $225,662 $0 $0 $0 $0 $37,483

,Yrly Real Prop .Appreciation Rate 1% 2022 $5,234,978 $3,176,289 $8,411,267 $14,379 $11,996 $227,918 $0 $0 $0 $0 $37,858

$289,258$292,1512023 $5,287,328 $3,208,052 $8,495,380 $14,523 $12,116 $230,198 $0 $0 $0 $0 $38,236 $295,0722024 $5,340,201 $3,240,133 $8,580,334 $14,668 $12,237 $232,500 $0 $0 $0 $0 $38,619 $298,023

$186,960 $155,973 $1,139,705 $73,125 $440,240 $229,808 $1,383,536 $189,307 $3,798,653

% of New Local Taxes Captured 100.0%14 15 16 17 18 19 20 21 22 23 24 25 26

% of New Soh. Taxes Captured 100.0% Local Local School Local School Local% of Local Cap to Developer 95 . 0% Taxes Taxes Taxes Taxes Taxes Taxes Taxes School% of Sch Tax Cap to Developer 100.0% Millage NEZ Millage to to LBRA to LBRA to to to LBRA to LBRA Taxes Total% of Local Cap to LBRA Adm. 5.0% Taxing Unit Rate Rate Tax Units Adm. Fund Developer Developer Bond Debt Bond Debt to State Taxes% of Sch Tax Cap to LBRA Adm. 0.0%% of Local Cap to LBRA Fund 95.0% City 0.0154400 0.0052240 $0 $63,335 $462,796 $0 $178,767 $0 $561,804 $0 $1,266,702% of Sch Tax Cap to LBRA Fund 0.0% LCC 0.0038072 0.0012880 $0 $15,617 $114,114 $0 $44,080 $0 $138,528 $0 $312,339

ISD 0.0046956 0.0015880 $0 $19,260 $140,734 $0 $54,362 $0 $170,847 $0 $385,203Total Taxes to Local Taxing Units $21 ,332 C oun ty 0 .0084413 0.0028540 $0 $34,623 $252,987 $0 $97,723 $0 $307,122 $0 $692,455Total Taxes to Lansing Schools $165,628 Airport 0.0006990 0.0002370 $0 $2,868 $20,959 $0 $8,096 $0 $25,440 $0 $57,364Total School Taxes to Slate $189,307 CATA 0.0029708 0.0010060 $0 $12,188 $89,059 $0 $34,401 $0 $108,107 $0 $243,755$376,267 CADL 0.0015600 0.0005280 $0 $6,399 $46,762 $0 $18,063 $0 $56,765 $0 $127,989PP Zoo 0.0004100 0.0001390 $0 $1,682 $12,293 $0 $4,749 $0 $14 922, $0 $33 646Local Taxes to LBRA Admin $155,973 Total Local 0.0380239 0.0128640 $0 $155,973 $1,139,705 $0 $440,240 $0 $1,383,536 $0

,$3 119 453Local Taxes to LBRA Revolving Fund $1,139,705

,

,

Local Taxes to Reimburse Developer Non-Env. Erg. Activities $440,240 City Debt 0.0002600 0.0000880 $21,332 $0 $0 $0 $0 $0 $0 $0 $21 332School Taxes to Reimburse Developer Non-Env. EIg. Activities . $73,125 Schl Debt 0.0020189 0.0006830 $165,628 $0 $0 $0 $0 $0 $0 $0,

$165 628Local Taxes to Reimburse LBRA Elg. Activities (bond debt) $1,383,536 Total Debt 0.0022789 0.0007710 $186,960 $0 $0 $0 $0 $0 $0 $0,

$186 960School Taxes to Reimburse LBRA Etq. Activities (bond debt) $229,808,

Total Taxes Captured by LBRA $3,422,386 Schl Oper 0.0000000 0.0000000 $0 $0 $0 $0 $0 $0 $0 $0 $0State Educ. 0.0060000 0.0020300 $0 $0 $0 $73,125 $0 $229,808 $0 $189,307 $492,240Total Taxes to Reimburse Developer $513 ,365 Total Schl 0 .006 0 .0020300 $0 $0 $0 $ 73 , 125 $0 $229,808 $0 $189,307 $492,240

Total Taxes Generated $3,798,653 Totals 0.0463028 0.0156650 $186,960 $155,973 $1,139,705 $73,125 $440,240 $229,808 $1,383,536 $189,307 $3,798,653

EXHIBIT A: Legal Description of the Properties

LEGAL DESCRIPTION

COM 40 FT S OF N 1/4 COR SEC 15, THE 816.53 FT, S 938.68 FT. W 1055.47 FT, N 115.77FT, W 99.59 FT, N 827.99 FT TO S LINE E SAGINAW ST, E 335.85 FT TO BEG; SEC 15T4N R2W

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

December 9, 2010

RE:

Resolution- Setting a Public Hearing- Marshall Street Armory Historic DistrictOrdinance


VB/rhAttachment


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:

Bill Rieske, Asst. Planning Manager

Subject:

CITY COUNCIL AGENDA ITEM - Marshall Street Armory Historic DistrictOrdinance

Date:

December 8, 2010

Please forward this resolution to City Council for placement on the Agenda.


Attachments


BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Gillespie Group, owner of the Marshall Street Armory, requeststhe establishment of a local historic district at the Marshall Street Armory, 330Marshall Street; and

WHEREAS, the City of Lansing established the Marshall Street Armory HistoricDistrict Study Committee to study the historic significance of the Armory andsubmit a final report and recommendation; and

WHEREAS, the Study Committee has submitted its final report dated December6, 2010, with a finding regarding the historical significance of the subjectproperty, a recommendation that a historic district be established at that location,and a draft ordinance to establish the Marshall Street Armory Historic District;

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City ofLansing that a public hearing be held on for Monday, January 10, 2011, at 7 p.m.in City Council Chambers, Tenth Floor, Lansing City Hall, 124 West MichiganAvenue, Lansing, Michigan, for the purpose of approving and/or opposing theOrdinance to confer Historic District status on the Marshall Street Armory HistoricDistrict area described as follows:

330 Marshall Street [PPN 33-01-01-15-226-012]

Legal Description: A Parcel of land, being part of the Northeast 1/4 ofSection 15, T4N, R2W, City of Lansing, Ingham County, Michigan beingmore particularly described as: Commencing at the Northeast corner ofSection 15, T4N, R2W: thence S01 44'44"W, 1600.25 feet along the Eastline of said Section 15 also being the West line of Adam's Addition to theCity of Lansing, Ingham County, Michigan (Liber 4, page 25) to theNortheast corner of Longyear's addition to the City of Lansing, InghamCounty, Michigan (Liber 2, Page 17); thence N88 53'28"W, 369.49 feetalong the North line of said Longyear's Addition and the North line of J.B.Rayner's Addition to the City of Lansing, Ingham County, Michigan (Liber3, Page 20) to the point of beginning of the following described parcel;thence continuing N88 53' 28'W, 390.06 feet along said North line and theNorth line of Brown's Insurance Agency Addition to the City of Lansing,Ingham County, Michigan (Liber 4, page 15) and the North line ofRumsey's Michigan Avenue Addition to the City of Lansing, InghamCounty, Michigan (Liber 2, Page 12) to the East line of Marshall Street;thence S88 53'28"E, 388.16 feet; thence S01 30'42"W, 502.98 feet to thepoint of beginning.

DEPARTMENT OF PLANNING AND

NEIGHBORHOOD DEVELOPMENT

316 N. CAPITOL AVENUE • LANSING, MI 48933-1236 e (517) 483-4066 • FAx: (517) 483-6036

PLANNING OFFICE

Virg Bernero, Mayor

316 N. CAPITOL AVE., SUITE D-1

CITY OF LANSINGNOTICE OF PUBLIC HEARING

Marshall Street Armory Historic District Ordinance

The Lansing City Council will hold a public hearing on Monday, January 10, 2011, at 7:00 p.m. inthe City Council Chambers, 10 th Floor City Hall, 124 W. Michigan Ave., Lansing, Michigan, toconsider an ordinance to establish a historic district at the Marshall Street Armory, 330 MarshallStreet, specifically described as:

330 Marshall [PPN 33-01-01-15-226-012]Legal Description: A Parcel of land, being part of the Northeast % of Section 15, T4N, R2W,City of Lansing, Ingham County, Michigan being more particularly described as:Commencing at the Northeast corner of Section 15, T4N, R2W: thence S01 44'44"W,1600.25 feet along the East line of said Section 15 also being the West line of Adam'sAddition to the City of Lansing, Ingham County, Michigan (Liber 4, page 25) to theNortheast corner of Longyear's addition to the City of Lansing, Ingham County, Michigan(Liber 2, Page 17); thence N88 53'28"W, 369.49 feet along the North line of saidLongyear's Addition and the North line of J.B. Rayner's Addition to the City of Lansing,Ingham County, Michigan (Liber 3, Page 20) to the point of beginning of the followingdescribed parcel; thence continuing N88 53' 28'W, 390.06 feet along said North line andthe North line of Brown's Insurance Agency Addition to the City of Lansing, Ingham County,Michigan (Liber 4, page 15) and the North line of Rumsey's Michigan Avenue Addition tothe City of Lansing, Ingham County, Michigan (Liber 2, Page 12) to the East line ofMarshall Street; thence S88 53'28"E, 388.16 feet; thence S01 30'42"W, 502.98 feet to thepoint of beginning.

For more information about this ordinance, phone City Council Offices on City business days,Monday through Friday, between 8 a.m. and 5 p.m. at 483-4177. If you are interested in thismatter, please attend the public hearing or send a representative. Written comments will beaccepted between 8 a.m. and 5 p.m. on City business days if received before 5 p.m., Monday,January 10, 2011, at the City Council Offices, Tenth Floor, City Hall, 124 West Michigan Ave.,Lansing, MI 48933-1696.

Chris Swope, City Clerk

INTRODUCTION OF ORDINANCES

The following ordinance of the City of Lansing, Michigan, providing that the Code ofOrdinances be amended by providing for the establishment of:

The Marshall Street Armory Station Historic District, a single-resource localhistoric district located at 330 Marshall Street [PPN 33-01-01-15-226-012] in theCity of Lansing, Michigan,

under Section 1220.03(c) of the Code, was introduced by the Committee onDevelopment and Planning, read a first and second time by its title and referred to theCommittee on Development and Planning.

P:\PLANNING OFFICE\Historic District Cmsn\Districts\Marshall Armory Historic District\Marshall St. Armory Ordinance Introduction.doc

Page 1 of I


John M. Roberts, Jr., Interim City Attorney

Date


12/10/2010

1

ORDINANCE NO. 1220.22

2

3

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN TO AMEND CHAPTER

4 1220 BY ADDING A NEW SECTION 1220.21 TO THE LANSING CODIFIED

5 ORDINANCES FOR THE PURPOSE OF ESTABLISHING THE MARSHALL STREET

6 ARMORY HISTORIC DISTRICT, A SINGLE-RESOURCE LOCAL HISTORIC DISTRICT

7 LOCATED AT 330 MARSHALL STREET [PPN 33-01-01-15-226-012] IN THE CITY OF

8 LANSING, MICHIGAN, AND DEFINING ITS BOUNDARIES IN ACCORDANCE WITH

9 CHAPTER 1220.

10 The City of Lansing ordains:

11

Section 1. That Chapter 1220 of the Code of Ordinances of the City of Lansing,

12 Michigan, be and is hereby amended by adding a new Section 1220.22 to read as follows:

13

SECTION 1220.22. MARSHALL STREET ARMORY HISTORIC DISTRICT.

14

THE MARSHALL STREET ARMORY HISTORIC DISTRICT, LOCATED AT 330

15

MARSHALL STREET, BEING LEGALLY DESCRIBED AS:

16

A PARCEL OF LAND, BEING PART OF THE NORTHEAST 1/ OF SECTION

17

15, T4N, R2W, CITY OF LANSING, INGHAM COUNTY, MICHIGAN BEING

18

MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE


Page 1 of 3


Chapter 1220, Sec 22DRAFT

12/10/2010

19

NORTHEAST CORNER OF SECTION 15, T4N, R2W: THENCE SO1 44'44"W,

2 0

1600.25 FEET ALONG THE EAST LINE OF SAID SECTION 15 ALSO BEING

21

THE WEST LINE OF ADAM'S ADDITION TO THE CITY OF LANSING,

22

INGHAM COUNTY, MICHIGAN (LIBER 4, PAGE 25) TO THE NORTHEAST

2 3

CORNER OF LONGYEAR'S ADDITION TO THE CITY OF LANSING,

2 4

INGHAM COUNTY, MICHIGAN (LIBER 2, PAGE 17); THENCE N88

2 5

53'28"W, 369.49 FEET ALONG THE NORTH LINE OF SAID LONGYEAR'S

2 6

ADDITION AND THE NORTH LINE OF J.B. RAYNER'S ADDITION TO

2 7

THE CITY OF LANSING, INGHAM COUNTY, MICHIGAN (LIBER 3, PAGE

2 8

20) TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED

2 9

PARCEL; THENCE CONTINUING N88 53' 28'W, 390.06 FEET ALONG SAID

3 0

NORTH LINE AND THE NORTH LINE OF BROWN'S INSURANCE

31

AGENCY ADDITION TO THE CITY OF LANSING, INGHAM COUNTY,

32

MICHIGAN (LIBER 4, PAGE 15) AND THE NORTH LINE OF RUMSEY'S

33

MICHIGAN AVENUE ADDITION TO THE CITY OF LANSING, INGHAM

3 4

COUNTY, MICHIGAN (LIBER 2, PAGE 12) TO THE EAST LINE OF

35

MARSHALL STREET; THENCE S88 53'28"E, 388.16 FEET; THENCE S01

3 6

30'42"W, 502.98 FEET TO THE POINT OF BEGINNING,


Page 2 of 3



12/10/2010

37

3 8

IS HEREBY ESTABLISHED AS A LANSING HISTORIC DISTRICT IN

3 9

ACCORDANCE WITH THIS CHAPTER.

4 0

Section 2. All ordinances or parts of ordinances inconsistent with the provisions hereof

41

are hereby repealed.

4 2

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

4 3

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

4 4


4 5

Section 4.

This ordinance was duly adopted by the Lansing City Council on

4 6 , 2011, and a copy is available in the office of the Lansing City Clerk, 9th Floor, City

4 7 Hall, 124 W. Michigan Avenue, Lansing, MI 48933.ai

'lir''"

4 8

Section 5.

This ordinance shall take effect upon the expiration of seven (7) days from

4 9 the date this notice of adoption is published in a newspaper of general circulation.

1

:II (11\,1


Page 3 of 3


FINAL REPORT

MARSHALL STREET ARMORY HISTORIC DISTRICT STUDY COMMITTEE

PROPOSED MARSHALL STREET ARMORY HISTORIC DISTRICT

330 MARSHALL STREET

LANSING, MICHIGAN

December 6, 2010

CHARGE OF THE HISTORIC DISTRICTS STUDY COMMITTEE

The Marshall Street Armory Historic District Study Committee was established by the Lansing City Council onMay 10, 2010 pursuant to Chapter 1220 of the Lansing Code of Ordinances with the powers and dutiesthereunder to conduct studies and make reports and recommendations regarding the former Marshall StreetArmory, 300 Elvin Court. (Note: the address of the property has since been changed to 330 Marshall Street.)The committee is instructed to report back to City Council with its findings within 180 days of members beingappointed.

STUDY COMMITTEE MEMBERS

Jason Kildea of the Gillespie Group, is the applicant ' s designated representative on the Historic District StudyCommittee.

Cassandra Nelson has a Masters Degree in Historic Preservation, is former preservation specialist for theMichigan Department of Transportation, and serves on the Historic District Commission.

Mary Toshach has a Masters Degree in Historic Preservation, is a former historic preservation planner andconsultant, and serves on the Historic District Commission.

Nathalie Winans is a Research Associate at Public Policy Associates, Incorporated, a nationally focused publicpolicy research firm, and serves on the Historic District Commission. Her specialty areas include land use, urbanand regional planning, urban revitalization, and historic preservation/adaptive reuse.

INVENTORY

The property is in process of being individually listed in the National Register of Historic Places. This report usesthe information contained in the nomination.

DESCRIPTION OF THE DISTRICT

The district consists of slightly less than a four-and-a-half-acre parcel located on the east side of Marshall Street,south of Saginaw Avenue. The two-story, red-brick, Tudor Revival inspired Lansing Artillery Michigan NationalGuard Armory is located northeast of downtown Lansing on the north edge of a residential neighborhood. The

large rectangular shaped building is on elevated ground with a raised basement. The building has limestone trimand ornamentation throughout. The main entrance is accessed by a central stair and features a carved stoneeagle resting on a Tudor arch above the front door. A stone panel with a carving of crossed cannons is centeredin the crenellated parapet wall. The building was constructed in 1924 and designed by Lynn W. Fry. A 1941renovation was designed by Lansing architects Lee Black and Kenneth C. Black. The renovation was minor andincluded some alterations to the basement as well adding a gravel drive and concrete loading area to the eastside of the site. The property originally contained a riding hall, several storage buildings and a vehicle storagebuilding (1941) north of the existing building which have all been demolished.

To the north and west of the property are the athletic fields, parking lots and grounds of the Pattengill MiddleSchool and the Lansing Catholic Central High School. The armory building faces south on a small park separatingit from the adjacent residential neighborhood. The small park in front of the building is a flat grassy area with afew small trees. It contains a circular asphalt drive bisected by a concrete walkway with a flagpole in the center.The asphalt drive that enters from Marshall Street leads to an asphalt paved parking lot on the west side of thebuilding, past the front and to the east side where there is a gravel parking area. The site is generally flat exceptfor where the ground cuts away with concrete retaining walls on the north and east sides giving access to thebasement level. The rear two-third of the building is surrounded by a chain link fence. Overgrown shrubs arelocated in front of the building. A concrete ramp with metal railing runs along the west half of the front of thebuilding to access the front doors.

The building plan is typical of that for armories of the period, with a two-story headhouse or administration areain the front and a two-story drill hall behind. The drill hall has one-story wings running along both sides. Thefront section and drill hall have gable roofs, the wings flat roofs.

The symmetrical facade has a central projecting entrance bay flanked by three bays on each side. The entrancebay contains a set of three aluminum and glass doors, with arched top transoms, below a stone Tudor archresting on brick piers. A carved stone eagle with spread wings is perched over the center of the arch. Thesecond floor contains three single windows topped by a large stone band. There is a square stone medallionwith a crossed cannon relief in the center of the gable parapet. The entrance bay is flanked by heavy brick pierswhich step back and have center spikes at the tops. The entire bay is capped by stone coping and trim along thetop of the wall.

The three bays on both sides of the entrance are divided by brick piers, and have pairs of aluminum windows atthe first and second floor. The wide stone band above the second floor contains blind shallow arches above thewindow bays. The entire wall is topped by a brick parapet wall with stone coping and a crenel in the center ofeach bay.

The front section of the building is three bays deep, the bays separated by brick piers, and containing aluminumwindows at the first and second floors. The heavy stone band continues from the front of the building at the topof the second floor windows. The gable parapets are capped with stone trim.

The east and west sides of the building are each seven bays long, the bays again divided by brick piers thatcontinue in the taller drill hall wall which is set back. Each bay at the first and second levels contains a set ofthree aluminum windows except the bay at the rear which has two aluminum windows. The lower and upper

2

walls are capped with limestone trim, and the upper wall has a crenel in the center of each bay. The west sidebasement level is not above ground, and has a pair of solid metal doors and concrete loading dock toward therear of the building. The east side basement level is at ground level and each bay contains a single metal doorbeside a pair of aluminum windows in each bay.

The rear of the building is divided into three sections. The center section is not quite two stories tall andcontains no openings except for an overhead rolling garage door in the center at ground level. The west thirdhas a higher ground level and has a set of double doors and two aluminum windows at the first floor level. A tallbrick chimney rises above this section. The east third is at the lower level and has a single door and twowindows at ground level with three single aluminum windows above at the first floor. All of the sections havestone coping at the roof line.

INTERIOR FEATURES

The front doors lead to an interior set of decorative wood doors entering a main lobby that has quarry tilefloors, painted glazed block walls and a plaster ceiling. The east side of the lobby accesses the metal stairleading to the basement and second floor. It also leads to the officers' club in the front of the building which hasbeen remodeled with carpeted floors, painted glazed block walls and a tile ceiling. The west side of the lobbyleads to a double-loaded corridor containing offices and restrooms. To the north of the lobby two sets of woodpaneled double-doors lead to the drill hall. It has a wood floor that is painted for basketball and the center ofthe court has the double-crossed cannon motif. There is a stage at the north end of the hall, while the west sideof the hall has walls between columns. The truss ceiling currently supports a suspended acoustical tile ceiling.The tile ceiling and present stage configuration are not original or significant and occurred sometime after the1941 renovation. The north end of the hall leads to a kitchen, the backstage area, and a metal stair leading tothe basement level.

The second floor has a central lobby with windows overlooking the drill hall and a wood and glass skylight in thecenter. Double-loaded corridors branch off each side of the lobby. The corridors contain offices, a movieprojection booth and restrooms. The walls are either painted or covered with wood paneling. There is plasterand dropped acoustical tile ceilings.

The basement has a large set of wood double-doors at the north end which lead to a wide hallway with storagerooms on either side. In the front of the building the stair lobby has quarry tile floors and glazed block walls.The front basement section also contains an enlisted men's lounge, restrooms and locker rooms. The small vaultrooms on the east side were added in the 1941 renovation as were the metal grills covering the basementwindows. Interior features are not subject to review.

COUNT OF HISTORIC AND NON-HISTORIC RESOURCES

There is one historic and zero non-historic resources in the district which consist of one historic building. Onehundred percent of the resources contribute to the district.

3

BOUNDARY DESCRIPTION

A Parcel of land, being part of the Northeast % of Section 15, T4N, R2W, City of Lansing, Ingham County,Michigan being more particularly described as: Commencing at the Northeast corner of Section 15, T4N, R2W:thence S01 44' 44"W, 1600.25 feet along the East line of said Section 15 also being the West line of Adam ' sAddition to the City of Lansing, Ingham County, Michigan (Liber 4, page 25) to the Northeast corner ofLongyear' s addition to the City of Lansing, Ingham County, Michigan (Liber 2, Page 17); thence N88 53'28 "W,369.49 feet along the North line of said Longyear's Addition and the North line of J.B. Rayner's Addition to theCity of Lansing, Ingham County, Michigan (Liber 3, Page 20) to the point of beginning of the following describedparcel; thence continuing N88 53' 28 ' W, 390.06 feet along said North line and the North line of Brown ' sInsurance Agency Addition to the City of Lansing, Ingham County, Michigan (Liber 4, page 15) and the North lineof Rumsey' s Michigan Avenue Addition to the City of Lansing, Ingham County, Michigan (Liber 2, Page 12) to theEast line of Marshall Street; thence S88 53 ' 28" E, 388.16 feet; thence S01 30 '42"W, 502.98 feet to the point ofbeginning.

BOUNDARY JUSTIFICATION

The property is the entire parcel remaining from the and historically associated with the armory. Otherportions that do not contain buildings were previously sold by the State of Michigan to other owners. To thesouth is a residential neighborhood and to the north and west are two newer schools with associated athleticfields and parking lots.

HISTORY OF THE DISTRICT

The Michigan National Guard

The Michigan National Guard had its beginnings as a territorial volunteer militia which was based on the modelof the militias in other areas of the United States, operating as a community based defense (Mannik & Smith2009, 5-1). Territorial laws enacted in 1787 and 1792 applied to Michigan when it became part of the NorthwestTerritory in 1796. These early laws required male citizens between the ages of 18 and 45 to serve in the militaryand provide their own firearms, ammunition and equipment. After Michigan became a separate territory in1805 it enacted its own militia law which required all males between the ages of 14 and 50 to serve, and allowedthe territorial governor to organize the troops, appoint officers, set training days, and direct other relatedroutine activities (CCRG 1996, 6).

The territorial militia was called to official duty three times before Michigan became a state in 1837. The firstwas during the War of 1812 during the ill-fated invasion of Upper Canada. Two hundred men participated underthen governor William Hull, who ended up surrendering his troops to the British with their capture of Detroit(Mannik & Smith 2009, 5-1). Michigan militia were also involved with the second battle of Frenchtown inJanuary 1813. The second call to service was in 1832 during the Black Hawk War when troops were ordered toIowa to assist. However, the troops were quickly recalled when it became apparent they were not needed. TheToledo War of 1835 also brought the troops into service, but without combat when the boundary disputebetween the Michigan Territory and the State of Ohio ended peacefully.

4

During the Patriot War of 1838 State of Michigan militia were assigned to guard the U.S. arsenal at FortDearborn from Michigan sympathizers who plotted to steal arms for a Canadian effort to fight English crownappointed administrators. In 1839 the Michigan legislature enacted a law that created a brigade called the StateGuards for defense of the state. In 1846 the United States government requested specific numbers of troopsfrom each state to aid in the Mexican War. The First Michigan Volunteers went into service for six months butnever saw battle in Vera Cruz where they were stationed (ibid, 5-2).

Between 1848 and 1861 few men were interested in volunteering for the state militia and the annual tax wasabolished in 1848. However in 1859 the state created the State Military Board and appropriated three thousanddollars annually for the militia and required a four-day encampment each year (ibid., 5-2).

At the outbreak of the Civil War, Michigan men answered the call to serve in the militia. Initially the FirstRegiment was organized and was the first group from west of the Alleghenies to reach Virginia. By the end of1861 Michigan had sent 16,475 men to the front while others guarded Michigan from Canadian sympathizers.In 1863 a national draft was instituted and by the end of the war 90,747 men from Michigan had served (CCRG1996, 8).

The enthusiasm for military service was short-lived. By 1870 only three militia companies operated in the state.The legislature officially organized volunteer companies called the Michigan State Troops. This resulted in anincrease in service; by 1876 the full contingent allowed by law of twenty-four companies had been organized.

State militias across the country were called out in response to labor unrest in the 1880s and 90s, which alsoresulted in changes to military law in Michigan and other states. Beginning in 1891 the Michigan State Troopswere called the Michigan National Guard and they joined the Interstate Guard Association which later wasabsorbed into the National Guard Association. Both organizations emphasized their separation from the regularmilitary.

The Spanish-American War brought a call for volunteer militia members; however, only individuals couldvolunteer, not entire units. The Michigan men that volunteered were organized into four Michigan VolunteerInfantry regiments, two of which saw combat in Cuba (Mannik and Smith 2009, 5-3).

In 1903 the United States government passed the Dick Bill, named for the president of the National GuardAssociation, Major General Charles Dick. This legislation provided an annual federal appropriation of fourmillion dollars for state militias and provided the units with standard military weapons and uniforms and pay formembers called to active duty. In turn the units were required to have twenty-four drill days and a five-daysummer encampment each year. Regular Army officers were assigned to help train the units and new types ofunits were formed including medical, engineer, and signal companies. This law also required the President ofthe United States to call National Guard members into active service before other volunteers, but did not allowfor the units to remain organizationally intact when brought into service with the larger armed forces. Memberswere called individually into federal service and put into the federal organizational structure. At the state levelthe units remained intact when called by their respective governors.

The federal attention to the National Guard spurred the Michigan legislature to completely reorganize theMichigan National Guard in 1905 from three infantry units to one engineering company, one signal company,

5

one battery of field artillery and one calvary troop. At this time the First Battery, Field Artillery was organizedwith detachments in Lansing, Pontiac and Mason. This did not work and it was quickly changed to have threesections stationed in Lansing and one in Mason. The Pontiac unit was changed to an engineering company.

In 1909 the Michigan legislature invested heavily into the Michigan National Guard by creating an on-goingannual appropriation to pay for attendance at drills, and for the construction and purchase of armories. Thisreliable source of money allowed for the design and construction of armories around the state. The armoryappropriation was thirty thousand dollars per year and was deposited into the armory building fund. By 1940this yearly investment provided for the construction or purchase of thirty-five armories across the state. Prior to1909 all costs associated with the armories fell to the local community and unit. The passage of the 1909 lawgave control of the design, bidding, construction and maintenance of armories to the State Military Board, withthe costs for an armory initially limited to fifteen thousand dollars per company occupying the armory. Thesame costs were allowed for purchasing existing armories if they did not exceed the value of the building andland. For new armories, land was to be provided to the state at no cost, and the 1909 act allowed the state tocondemn property to construct armories, and required that the land be owned and managed by the state andnot subject to any taxes. Costs exceeding those allowed by the state could be covered by the local municipalityand the money was required to be deposited with the state before construction could begin.

The state's use for its National Guard units to control labor unrest was not limited to the last two decades of the1800s. In 1913 and 1914 three thousand troops were called to the Upper Peninsula during the copper minestrikes. At the request of the mining companies the governor called the troops to "restore order and protectproperty." The reality was the Guard was being used to oppose organize labor that had initiated the strikes, alow-point in Guard history and a carry-over from the earlier use of the Guard during labor strikes in the late1800s.

The 1916 National Defense Act established the Reserve Corps, which were free of any state ties. The NationalGuard was made an integral part of the U.S. Army when in federal service, but at the same time the Guard wasstill part of the organized militia when activated through individual governors. The President gained the powerto draft individual Guardsmen for federal duty, and the law increased annual training days to forty-eight plusfifteen days of annual summer camp. In June 1916 the Michigan National Guard was called into federal servicefor the Mexican Border Campaign. Three infantry regiments served until November, and upon returning toMichigan the 33 rd Michigan Infantry was repositioned to guard sensitive sites in Michigan, including CampCuster.

In July 1917 all units of the Michigan National Guard were called into service for World War I. The 32 nd Divisionwas comprised of troops from Michigan and Wisconsin. The 32 nd Division was sent to France in February 1918and was among the first American troops to enter Germany during the Marnes ' offensive. Serving until thearmistice in November 1918 the Division lost over 14,000 men, which ranked it third among U.S. Army units intotal number of battle deaths (Mannik and Smith 2009, 5-3, 5-4).

With the ending of World War I the contracts of the members of the National Guard that had been drafted intofederal service ended and Michigan was essentially left without any National Guard members. In 1920 federaland state laws created another major reorganization of the Michigan National Guard which took two years to

6

complete. The federal law allowed for the World War I organizational structure to be re-created as closely aspossible in the states.

The 1920s and 1930s allowed Michigan National Guard units time for training and education, and armoriesserved as public gathering spaces in local communities. The Army offered special services school and extensioncourses, and Michigan men used the entire quota allotted.

The Depression increased the membership in the National Guard because of the severe unemployment and theability to earn money by participating in drills from money provided through New Deal programs (ibid., 5-4). In1933 an amendment to the National Defense Act made the National Guard part of the United States ' permanentmilitary force and required units to be called intact to federal service.

In 1937 Michigan Governor Frank Murphy ordered the Guard to Flint to keep peace during the Flint Sit-Downstrike at a number of General Motor's plants. The role of the Guard was much different than during the coopermine strikes in the Upper Peninsula. The governor refused to use the Guard to remove the strikers from thefactories, and instead insisted that the conflict be resolved peacefully through negotiations between GeneralMotors and the union organizers. The Guard were sent to Flint in early-January and remained in place until late-February. The Guard was led by Colonel Joseph H. Lewis, the commander of the 119 th Field Artillery. ColonelLewis was in constant communication with Governor Murphy and both men went to great lengths to keep theGuard in the background with instruction only to step in when the local officials were not able to keep control.This eventually happened on February 1 when the Guard surrounded two plants to protect the strikers as well aspolice. Guard members were under strict orders to set aside any personal feelings about the situation and theGuard successfully prevented any bloodshed or destruction of property. "At least part of the credit for thepeaceful outcome of the Flint strike must be accorded the Michigan National Guard" (Fine n.d., 319).

In response to military build-up in Europe the entire National Guard was federalized in 1940. This resulted in areorganization statewide which included changing and adding units. In October 1940 the entire MichiganNational Guard was ordered into federal service and sent for training. The 32 nd Division served in the Europeanand Pacific fronts and had the distinction of the longest service of any American division (CCRG 1996, 10).

Post World War II the Michigan National Guard was again reorganized into state units, with Michigan having 121units organized between 1946 and 1948, which contained triple the number of men authorized before the war.Since no armories had been constructed in the state since 1930 (the Detroit Artillery armory was constructed asthe Vicker' s War Plant in 1942-44 and was acquired by the Guard in 1948), most armory facilities were deficient.In 1950 an amendment to the National Defense Act called the Armories Construction Bill provided for federalfunding for additions and alterations to existing armories. The program was not fully funded initially andemphasized a seventy-five percent federal to twenty-five percent state match for construction. Fourstandardized armory plans, designed by the U.S. Army Corps of Engineers were circulated nationwide (Mannikand Smith 2009, 5-6).

Michigan National Guard units were called into federal service during the Korean Conflict and the 1961 CubanMissile Crisis but not the Vietnam War. The Korean Conflict again emphasized the lack of armory facilities andstates were encouraged to undertake a building program as the buildings could also be used for civil defenseand disaster relief (ibid.).

7

Within Michigan the Guard was called on to suppress riots in Benton Harbor in 1966 and in Detroit in 1967 and1968. More recently the Guard has aided with natural disaster relief such as the Seney Forest Fire in 1976, theblizzard of 1978, the Kalamazoo tornado in 1980, and winter storms in the Upper Peninsula in 1995. Somemembers were deployed in the Persian Gulf Conflict in the early 1990s, as well as for peace-keeping missions inHaiti, Bosnia, Panama and Yugoslavia. Since 2001 troops have aided Homeland Security at commercial airportsand international border crossings as required (ibid.).

The Michigan National Guard in Lansing

Lansing's first military company was founded after the Civil War and when the State of Michigan officiallyorganized the volunteer Michigan State Troops. On March 17, 1876, Colonel D. Henry McComas organizedninety-seven recruits, including some from two independent military companies, who adopted bylaws and aconstitution based on the Detroit Light Infantry. Calling themselves the Lansing Light Guards or Company H ofthe First Regiment (later changed to Company E), the group had their first annual encampment in Jackson inAugust, 1876. The first armory for the group was in the building that became the Lansing Business University asof 1887 (Souvenir Governor's Guards 1896, 5-7).

In 1878 the group changed their name to the "Governor ' s Guards" and in 1880 they attended the encampmentof the first brigade of the state troops at Camp Chandler. In 1887 they moved to new quarters on CapitolAvenue where they remained until sometime between 1896 and 1898. In the 1898 Lansing City DirectoryArmory Hall is listed as being located at 109-113 East Ottawa. A short history of the unit lists them as "now in31st Rgmt. M.V.I. " as a provisional company, with drills every Thursday evening and business meetings the firstMonday of each month. It lists the "Armory, north side Ottawa Street, Sanford block, second floor, betweenGrand Street and Washington Avenue. "

The Lansing unit was called twice to assist with labor and civil unrest in the 1880s and 90s. In 1881 the unitreported to Muskegon to quell a riot, which was done without incident. In 1894 the unit was called to thearmory to be ready to deploy to Battle Creek. After spending a day at the armory the unit was not needed andthe men were allowed to return to their normal routine, with the exception of orders not to leave the city.

On May 17, 1905, a second Lansing unit was organized, Battery A, First Field Artillery. The 1908 Lansing City

Directory lists Battery A, First Field Artillery, in an armory at 319 S. Capitol Avenue. Company E of the 2ndInfantry is still listed at their armory at 115 East Ottawa Street. By the 1912 directory, Company E is no longerlisted, but First Battalion Field Artillery, Lansing, is listed with two batteries, Battery A founded March 17, 1905,and Battery B founded November 6, 1911, both at the Artillery Armory at 319 S. Capitol. Later histories suggestthat Company E was reorganized into the new units in Lansing.

It appears that the armories for the initial and later Lansing military units were rented facilities, even though thearmory building fund shows "Appropriations Undrawn" in the amount of $45,000 for Lansing with theappropriation available as of July 1, 1917. The State Military Board meeting minutes of August 20, 1919, containthe following: "The matter of continuing the lease of the Lansing Armory was introduced and discussed. Motionby Major Rogers that a new lease be entered into for the Lansing Armory at $1800 per annum with privilege ofrenewal for one year. Unanimously carried. " The minutes of December 5, 1920 read, "Motion that annual

8

armory allowance of the Lansing Armory (field artillery) be fixed at $2500 per annum. " It is assumed that theserents were for the facility on South Capitol as the city directories list the building as the armory through 1925.

The reorganization of the Michigan National Guard started in 1920 created the 32 nd Division, and the Lansingunit was designated the 119th Field Artillery. It received federal recognition in February 1922, was designated ashorse-drawn 75 mm, and was made up of all of the previous Lansing units and others. Even though money wasappropriated in 1917, the new riding hall for the 119 th Field Artillery was not constructed until 1922. The delaypresumably resulted from World War I and post-war recruitment and reorganization. Designed by statearchitect Lynn W. Fry, the large brick and glass structure had a large open riding floor and storage forequipment. It was located north of the present day armory, but was demolished circa 2000. In 1924 thepresent armory building was constructed on the property. Also designed by Lynn W. Fry, the two-story brickbuilding contained a drill hall, storage, and offices for the unit as well as room for recreation and socialgatherings, including an officer's club. The armory was built during a seventeen year period when Michiganconstructed ten armories around the state. At least five of these ten armories were designed by Fry.

During peacetime in the 1920s and 1930s the Lansing armory was used for weddings, boxing matches andcommunity gatherings. It filled a typical role of armories in smaller Michigan communities. The drill hall waslarge enough to accommodate large groups of people, and the facilities were often rented out. This traditioncontinued at the Lansing armory at least through 1995 when the Michigan Antique Radio Club leased the facilityfor swap meets.

In 1933 the 119th Field Artillery was converted to a truck-drawn 75mm unit. In 1940 the 119 th Field Artilleryretained its designation, but was slightly reorganized, changed to a 115-mm gun unit, and transferred to the 72nd

Field Artillery Brigade, Corps Auxiliary. In 1941 Lee Black and Kenneth C. Black, architects of Lansing designedmodifications to the grounds, riding hall and basement of the armory and designed a vehicle storage facility(demolished).

Lynn Ward Fry (1894-1967)

The Lansing Armory exhibits a similar form and design as four other armories that were designed by Lynn W. Frybetween 1921 and 1925. These include Adrian (1925), Charlotte (1924), Flint (1924), and Holland (1924). TheFlint armory has a nearly identical design and layout to Lansing. Other similar armories - all constructed afterthe passage of the 1909 law establishing the armory building fund, include Ann Arbor (1911), Coldwater (1917-18/1921), Monroe (1926-28), Owosso (1915) and South Haven (1922).

Born in Grand Rapids, Fry received his Bachelor of Architecture from the University of Michigan in 1917. Heserved in World War I as a Second Lieutenant in the artillery in France where he was wounded and eventuallytrained with the French calvary. Upon returning to Michigan Fry worked in Detroit with Van Leyen-Schilling-Keough and Reynolds from 1919 until 1921 when he was appointed the State Architect for Michigan. It wasduring this time that Fry designed armories in Adrian, Charlotte, Flint, Holland, Lansing and the re-build of theColdwater armory. He also designed prisons for the state.

When his appointment ended in 1925 he set up his own practice with Paul Kasurin in Ann Arbor. The firm lasteduntil 1942 and designed the First National Bank Building in Ann Arbor, the Traverse City Main Sewage Pumping

9

Station building, the Old Waterworks plant in Detroit, the original Munson Hospital in Traverse City, and SlausonJunior High School in Ann Arbor.

Beginning in 1942 Fry began working for the University of Michigan, first as the Director of Plant Extension, thenas university architect in 1945. As university architect Fry was responsible for development of the north campusand hired a number of notable firms to design university buildings including Harley Ellington, Albert Kahn, EeroSaarinen, Holabird and Root, Skidmore, Owings and Merrill, Giffels and Valet and Minoru Yamasaki. He retiredfrom the University in 1964 and died in Ann Arbor in 1967 at the age of 73 (CCRG 1996 19-20).

SIGNIFICANCE

National Register Criteria A and C are applicable to the proposed Marshall Street Armory Historic District.The period of significance for the district is from 1924 until 1960 which is the time the building wascompleted until 1960. It ceased being used as an armory in 2005.

The National Register CriteriaThe quality of significance in American history, architecture, archaeology, engineering, and culture ispresent in districts, sites, buildings, structures, and objects that possess integrity of location, design,setting, materials, workmanship, feeling, and association, and:

A. That are associated with events that have made a significant contribution to the broad patterns ofour history;

The Lansing Artillery Michigan National Guard Armory is significant at the local level under criterion A for its rolein the military defense of Michigan and for its role in hosting local Lansing events;

C. That embody the distinctive characteristics of a type, period, or method of construction, or that representthe work of a master, or that possess high artistic values, or that represent a significant and distinguishableentity whose components may lack individual distinction.

As a notable example of armory design in Michigan and one of a number of surviving National Guard armoriesbuilt across Michigan in the early twentieth century as part of a statewide armory building program. It wasdesigned by architect Lynn W. Fry, State Architect from 1921 until 1925, and is one of five Michigan armoriesdesigned by him.

CONCLUSION

In conclusion, the study committee finds that the Marshall Street Armory located at 330 Marshall Street meetsthe criteria of the National Register of Historic Places and should be designated as a single resource local historicdistrict. The armory is significant at the local level under criterion A for its role in the military defense ofMichigan and for its role in hosting local Lansing events; and under criterion C as a notable example of armorydesign in Michigan and one of a number of surviving National Guard armories built across Michigan in the earlytwentieth century as part of a statewide armory building program. It was designed by architect Lynn W. Fry,State Architect from 1921 until 1925, and is one of five Michigan armories designed by him.

'BIBLIOGRAPHY

10

Burns & McDonnel Engineering Company, Inc. with Architectural and Historical Research, LLC. Final Historic

Context Study and Final Armory Historic Context. Washington, DC: Army National Guard, 2008.

Chilson & McKinley, pub. Lansing City Directory, 1898. Lansing: Chilson & McKinley, 1898.

Chilson & McKinley, pub. Lansing City Directory, 1902 Lansing: Chilson & McKinley, 1902.



Chilson, McKinley & Co., pub. Lansing City Directory, 1922. Lansing: Chilson, McKinley & Co., 1922.

Commonwealth Cultural Resources Group (CCRG). Reconnaissance-Level Survey and National Register of Historic

Places Assessment of Nineteen Michigan National Guard Armories. State of Michigan Department of

Military Affairs, 1996.

Fine, Sidney. Sit-down: The General Motors Strike of 1936-1937. Ann Arbor, MI: The University of Michigan

Press, no date.

Governor's Guard: Co. E, 1st Regiment Michigan National Guard, Lansing. (Souvenir booklet) Lansing: Robt.

Smith & Co., 1896.

Historical and Pictorial Review: National Guard of the State of Michigan, 1940. Baton Rouge, LA: Army and Navy

Publishing Company, Inc., 1940.

The Mannik & Smith Group, Inc. Survey and Evaluation of Above Ground Resources Constructed (1958-62) atSelected Army National Guard Facilities in Michigan. Michigan Department of Military and Veterans

Affairs, 2009.

McKinley-Reynolds, pub. Lansing City Directory 1926. Lansing: McKinley-Reynolds, 1926.

Michigan Adjutant General Report, 1907-1910. State of Michigan, 1910.

Minutes of the State Military Board from 1918 through August 1921. State Archives of Michigan, record group

59-14, Volume 149.

Report of the Adjutant-General of Michigan for the Period between December 31, 1912, and December 31, 1914.Lansing: Wynkoop Hallenback Crawford Co., State Printers, 1915.

Report of the Adjutant General of Michigan for 1979-1982. State of Michigan, 1983.

Wilson, Kristine. Pennsylvania National Guard Armories - National Register of Historic Places Multiple PropertyDocumentation Form. Pennsylvania Museum and Historical Commission, 1989.

11

DISTRICT MAP

PROPOSED MARSHALL STREET ARMORY LOCAL HISTORIC DISTRICT - Lansing, Ingham County

District Boundaries - intended to follow the property line

12

PHOTOGRAPHS

Photo 1 - South facade of Marshall Street Armory, July 2010

Photo 2- South and east elevations of Marshall Street Armory, July 2010

13

Photo 3- South and west elevations of Marshall Street Armory, July 2010

Photo 4 - North (rear) elevation of Marshall Street Armory, July 2010

14

Photo 5 - Detail of front entrance, July 2010

15

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

December 9, 2010

RE:

Supporting Document- Correspondence from Miller Canfield Law Finn- Explanationof Ordinance Authorizing Sewage Disposal System Refunding Bond


VB/rhAttachment


ruin i^.!c:.I iii 1 852by Sidney Davy i\7iller

Wn,LIAt 1 J. DANNorTEL (517) 483-4907E-MAIL <laahol'n millereanIicld.com

MILLEANEIELD

Miller, Canfield, Paddock and Stone, P.L.C.One Michigan Avenue, Suite 900

Lansing, Michigan 48933TEL (517) 487-2070FAX (517) 374-6304

www.nri1lercaniield.com

MICI-ROAN: Ann ArborDetroit • Grand Rapids

Kalamazoo • LansingSaginaw • Troy

FLORIDA: TampaILLINOIS: Chicago

New YORK: New Yorkonto: Cincinnati

CANADA: Toronto • WindsorCHINA: Shanghai

MLIXICO: MonterreyPOLAND: Gdynia

Warsaw • Wroclaw

December 7, 2010

VIA MESSENGERGerald W. AmbroseChief of Staff/Director of FinanceCity of Lansing9th Floor City Hall124 W. MichiganLansing , Ml. 48933

re:

Ordinance to Authorize Issuance ofSewage Disposal System Revenue Refunding Bonds

Dear Jerry:

Last week we sent you an ordinance to authorize issuance of Sewage DisposalSystem Revenue Refunding Bonds for presentation to City Council. Although theordinance is called an ordinance under the Revenue Bond Act, it is not an ordinance inthe usual sense. The Revenue Bond Act (Act 94) has special provisions relating toapproval of the bond authorizing ordinance.

• The City Council may adopt the ordinance under Act 94 at the meeting at which itis introduced regardless of the City's usual procedures for enacting ordinances.

® The ordinance must be approved by the affirmative vote of a majority of Council'selected members.

• The ordinance shall become effective upon its adoption.

® The requirements of Act 94 are the sole requirements and shall not be limited by acharter or statutory provisions, except that adoption is subject to provisionspermitting approval or disapproval of the chief executive or other officer of theCity and the adoption of the ordinance over his or her veto.

MILLER, CAN.1 I:ELD, PADDOCK AND STONE, r.t,.c.

Gerald W. Ambrose

-2-

December 7, 201

After adoption of the Ordinance and prior to delivery of the Sewer RefundingBonds the ordinance will need to be published once in the local newspaper. Section 20 ofthe Ordinance provides for publication in the City Pulse. There are no size requirements:they can use small print in order to minimize the cost of publication.

Please let me know if you have questions or if you need further information.

Very tt my yours,

MILLER, C NFI LD PAD OCK AND STONE, P.L.C.

Bv:

cc: Brig Smith

18,622,217.1\050796-00054

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council President A'Lymre Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

December 9, 2010

RE:

Budget Transfer- Homeland Security Grant Program Awarded Funds to MichiganRegion 1- City of Lansing Acting as Fiduciary for the Region


VB/rhAttachment


BUDGET TRANSFER

FY 2011

Prepared by :RJB_Transfer #11-

Administrative

x Appropriations

Returned to Department for siqnature on: 12/01/10SOURCE:

STATE/FEDERAL PROGRAMSFROM:

2009 HOMELAND SECURITY GRANT PROGRAM (HSGP)

Executive

_ Change of Intentx Personnel

x Other Costs

_ Equipment_ Capital Projects

_ Debt Service

_ Operating Transfer

Order Account Number(s) Title RequestAvailableBalance as of:

273.0.528000.19090

Federal Revenue

$ 3,214,130.00 $

0.00 12/01/10

EXPLANATION: The Homeland Security Grant Program awarded $3,214,130 to Michigan Region 1, using the City ofLansing as fiduciary agent (subgrantee) for the region. Grant # 2009-SS-T9-0060. Public Law 110-329 (2009) akaConsolidated Security, Disaster Assistance, and Continuing Appropriations Act. The program generally covers planning,equipment, training, and exercise for projects determined in advance and in accord with the HSGP 10 InvestmentJustifications to be implemented at the regional/local level. The project is effective from August 1, 2009 to April 30, 2012.

SUBJECT:

STATE/FEDERAL PROGRAMSTO:

2009 HOMELAND SECURITY GRANT PROGRAM (HSGP)

Order Account Numbers RequestAvailable

BalanceTitle as of:273.343580.702000.19090 Salaries - Lansing Admin $

55,717.04 $

0.00 12/01/10

273.343580.715000.19090 Fringe Ben - Lansing Admin $

40,706.86 $

0.00 12/01/10

273.343580.741000.19090 Misc Operating- Lansing Project $

169,108.88 $

0.00 12/01/10

273.343580.961702.19090 Compensation - Regional Planners $

300,000.00 $

0.00 12/01/10

273.343580.961741.19090 Regional Projects $ 2,648,597.22 $

0.00 12/01/10

$ 3,214,130.00

EXPLANATION: Homeland Security priorities in the 2009 HSGP program (CFDA Program Number 97.067) includespecial planning in three areas: (1) measuring progress in achieving National Preparedness .Guidelines, (2) strengtheninglaw enforcement attack deterrence, prevention, and protection (minimum $884,850 LETPP), and (3) strengtheningpreparedness planning (minimum $803,533).

The proposed transfer:

x has not resulted from or will not result in a material change in scope ofservices.

represents a -terial change in scope of services.

DATE: / ̀//it)

DATE: /2> 2̂ E cu ^- As'stant to Ma or

Approved by Ways & Means Approved by Council Resolution #

c:\myfiles\backup\fire\transfer\011_2009_HSGP.doc

OFFICE OF THE MAYOR9th Floor, City . Hall


(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council President A'Lymle Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

December 9, 2010

RE:

Budget Transfer- Funds Available for Lansing Police Department's Special OperationsVehicles


VB/rhAttachment

Virg Bernero, Mayor


BUDGET TRANSFER

FY2011

Prepared by :_RJBTransfer #11-000

Administrative

x AppropriationsExecutive

Change of IntentPersonnel

x Other Costs

x EquipmentCapital Projects

Debt Service

Operating Transfer

Returned to Department for signature on:11/15/10TRANSFER FROM: FORFEITURE FUNDSOURCE:

SPECIAL OPERATIONS - 267 FUND

Order Account Number s RequestAvailableBalanceTitle as of:

267.0.679100.0 Fund Balance $ 136,250.00 11/15/10$-

6;-'`-/?9,.20-),of W/so/ io

EXPLANATION: Funds are available as determined by the June 30, 2010 closing fund balance.

TRANSFER TO:

FORFEITURE FUND SUBJECT:SUBJECT:

SPECIAL OPERATIONS - 267 FUND

Order Account Number(s) RequestAvailableBalanceTitle as of:

267.343254.978000.0 I Equipment - Vehicles $ 105,000.00 $

0.00 11/15/10

267.343254.745200.0 Equipment Rental $

31,250.00 $

0.00 11/15/10

$ 136,250.00

EXPLANATION: New budget authority. Replacement purchase a total of seven (7) planned replacement vehicles usedfor anti-drug operations by the Special Operations section of the Lansing Police Department. The special operationsreplacement cars are provided and serviced by city's Fleet Maintenance Division (Central Garage); previously, theGarage has not charged equipment rental to the restricted fund. The amount of $31,250 is a partial year of restrictedfund equipment rental (7 vehicles for 7 months) to June 30, 2011.

The proposed transfer x has not resulted from or will not result in a material change in scope of services.represents a material change in scope of services.

DATE: t Hq-I

DATE: I/M/fbApproved by Ways & Means Approved by Council: Resolution #

c:\myfiles\backup\Ipd\transfer\011 Special Ops Cars.doc



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

TO:

City Council' President A'Lymne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

December 9, 2010

RE:

Budget Transfer- Michigan Justice Training Funds Awarded for Lansing Police Training


VBirhAttachment

Virg Bernero, Mayor


BUDGET TRANSFER

FY 2011Prepared by: RJBTransfer # 11-000

x AppropriationsChange of Intent

x Other CostsDebt Service

AdministrativeExecutive

_ Personnel_ Capital Projects

Equipment_ Operating Transfer

Returned to Department for Signature: 10/20/10

SOURCE:

STATE & FEDERAL PROGRAMSFROM:

PUBLIC ACT 302 - SWORN OFFICER TRAINING

Order Account Number(s) RequestAvailableBalanceTitle as of:

273.0.573010.14320

Estimated State Revenue

$ 24,448.80 $

NA

10/20/10

EXPLANATION: Revenues estimated from the State of Michigan, Michigan Justice Training Fund,pursuant to P.A. 302 (1982) for sworn law enforcement officer training. Funds are distributed twice-yearly(calendar year) based on formula variation using the number of sworn officers and total traffic tickets,among other factors.

SUBJECT:

STATE & FEDERAL PROGRAMSTO:

PUBLIC ACT 302 - SWORN OFFICER TRAININGAvailable

Order Account Number(s)

Title

Request

Balance

as of:

273.343212.747000.14320 Sworn Training - P.A.302 $ 24,448.80 $

24,107.20 10/20/10

EXPLANATION: The transfer ends the calendar-year project #14320 for the State distribution of semi-annual payments (2nd of 2 in calendar year 2010) from the MJTC Fund for Lansing Police trainingprograms. Mid-calendar-year payments from the state arrive generally in May-July, and the late-calendar-year payments generally in October-December.

The proposed transfer: (-x

has not resuibied from or will not result in a material change in scope of services.ri en is a ; aterial change in scope of services.

REQUESTED BY:

Depart

APPROVED BY: ^a^•,^/

DATE: ()ht./ecuti e A istant to Mayor

Approved by Ways & Means Approved by Council Resolution #

c:\myfiles\backup\Ipd\budget\transfer\011 PA302B.wpd

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Membersl Ot' Floor City HallLansing, MI 48933

Dear President Robinson and City Council Members:

I herewith submit for your confirmation the appointment of Jeremy Garza, 5616 Ellendale Drive,Lansing, MI 48911 to a Journeyman position on the Board of Plumbing for a tern to expire June30, 2014. This nominee has been vetted and meets the qualifications to serve on boards andcommissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg BerneroMayor


City of Lansing


To:

Virg Bernero, Mayor

From:

Joe McDonald, Community Outreach Coordinator

Subject:

Resolution- Appointment of Jeremy Garza, 5616 Ellendale Drive, Lansing, MI 48911 to aJourneyman Position on the Board of Plumbing for a term to expire June 30, 2014.

Date:

December 9, 2010



Attachments


BY THE RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Jeremy Garza, 5616 Ellendale Drive, Lansing,MI 48911 to a Journeyman position on the Board of Plumbing for a term to expire June 30,2014.

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Jeremy Garza, 5616 Ellendale Drive, Lansing, MI 48911 to a Journeymanposition on the Board of Plumbing for a terns to expire June 30, 2014.

Virg Bernero, Mayor


124 W. Michigan AvenueLansing, Michigan 48933=1694

(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 8, 2010

Council President A'Lynne Robinson andCity Council Members10 Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of David Price, 514 Fulton Place,Lansing, MI 48915 as an At-Large member of Board of Water & Light Board of Directors for aterm to expire June 30, 2014. This nominee has been vetted and meets the qualifications to serve onboards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- Appointment of David Price of 514 Fulton Place, Lansing, MI 48915 as an At-Large member of Board of Water & Light Board of Directors for a term to expire June 30, 2014.

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of David Price of 514 Fulton Place, Lansing, MI 48915 asan At-Large member of Board of Water & Light Board of Directors for a term to expire June 30, 2014


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of David Price of 514 Fulton Place, Lansing, MI 48915 as an At-Large member of Board ofWater & Light Board of Directors for a term to expire June 30, 2014

V .z x



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Membersloth Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Bob Ford, 809 Center, Suite 1,Lansing, MI 48906 as an At-Large member of Saginaw Corridor Improvement Authority for a termto expire June 30, 2012. This nominee has been vetted and meets the qualifications to serve onboards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor

Virg Bernero, Mayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- Appointment of Bob Ford of 809 Center, Suite 1, Lansing, MI 48906 as an At-Large member of Saginaw Corridor Improvement Authority for a term to expire June 30, 2012.

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of Bob Ford of 809 Center, Suite 1, Lansing, MI48906 as an At-Large member of Saginaw Corridor Improvement Authority for a term to expireJune 30, 2012.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Bob Ford of 809 Center, Suite 1, Lansing, MI 48906 as an At-Large member ofSaginaw Corridor Improvement Authority for a term to expire June 30, 2012.



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 7, 2010

Council President A'Lynne Robinson andCity Council Membersloth Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Kira Carter, 1210 W. Saginaw,Lansing, MI 48908 as an At-Large member of Saginaw Corridor Improvement Authority for a termto expire June 30, 2014. This nominee has been vetted and meets the qualifications to serve onboards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor

Virg Bernero, Mayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- Appointment of Kira Carter of 1210 W. Saginaw, Lansing, MI 48908 as an At-Large Member of Saginaw Corridor Improvement Authority for a term to expire June 30, 2014

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of Kira Carter of 1210 W. Saginaw, Lansing, MI48908 as an At-Large Member of Saginaw Corridor Improvement Authority for a term to expireJune 30, 2014


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Kira Carter of 1210 W. Saginaw, Lansing, MI 48908 as an At-Large Member ofSaginaw Corridor Improvement Authority for a term to expire June 30, 2014



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Membersl 0th Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Michael Schury, 1611 S. GeneseeDrive, Lansing, MI 48915 as an At-Large member of Saginaw Corridor Improvement Authority fora term to expire June 30, 2014. This nominee has been vetted and meets the qualifications to serveon boards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor

Virg Bernero, Mayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bemero, Mayor

From:


Subject: Resolution- Appointment of Michael Schury of 1611 S. Genesee Drive, Lansing, MI 48915as an At-Large member of Saginaw Corridor Improvement Authority for a term to expire June30, 2014.

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of Michael Schury of 1611 S. Genesee Drive,Lansing, MI 48915 as an At-Large member of Saginaw Corridor Improvement Authority for aterm to expire June 30, 2014.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the.appointment of Michael Schury of 1611 S. Genesee Drive, Lansing, MI 48915 as an At-Largemember of Saginaw Corridor Improvement Authority for a term to expire June 30, 2014.



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Membersl0t1 Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Chris Strugar-Fritsch, 7230 PhysicalPlant Department, P.O. Box 40010 Lansing, MI 48901 as an At-Large member of Saginaw AvenueCorridor Improvement Authority for a term to expire June 30, 2012. This nominee has been vettedand meets the qualifications to serve on boards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor

Virg Bernero, Mayor


City of Lansing


To:

Virg Bemero, Mayor

From:


Subject:

Resolution-Appointment of Chris Strugar-Fritsch of 7230 Physical Plant Department, P.O.Box 40010 Lansing, MI 48901 as an At-Large member of Saginaw Avenue Corridor Improvement Authorityfor a term to expire June 30, 2012.

Date:

December 9, 2010


If you have any questions, or need additional infonnation, please give me a call.

Attachments



WHEREAS, the Mayor made the appointment of Chris Strugar-Fritsch of 7230 Physical PlantDepartment, P.O. Box 40010 Lansing, MI 48901 as an At-Large member of Saginaw AvenueCorridor Improvement Authority for a term to expire June 30, 2012.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confilins theappointment of Chris Strugar-Fritsch of 7230 Physical Plant Department, P.O. Box 40010Lansing, MI 48901 as an At-Large member of Saginaw Avenue Corridor ImprovementAuthority for a term to expire June 30, 2012.

Virg Bernero, Mayor



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Members10th Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Scott Gillespie, 7240 Farm Hill Drive,Lansing, MI 48917 as an At-Large member of Michigan Avenue Corridor Improvement Authorityfor a term to expire June 30, 2013. This nominee has been vetted and meets the qualifications toserve on boards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject: Resolution- Appointment of Scott Gillespie of 7240 Farm Hill Drive, Lansing, MI48917 as an At-Large member of Michigan Avenue Corridor Improvement Authority for a term toexpire June 30, 2013.

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of of Scott Gillespie of 7240 Farm Hill Drive,Lansing, MI 48917 as an At-Large member of Michigan Avenue Corridor ImprovementAuthority for a term to expire June 30, 2013.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of of Scott Gillespie of 7240 Farm Hill Drive, Lansing, MI 48917 as an At-Largemember of Michigan Avenue Corridor Improvement Authority for a term to expire June 30,2013.



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Members10t'i Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Joseph Ruth, 6480 Kernwood, EastLansing, MI 48823 as an At-Large member of Michigan Avenue Corridor Improvement Authorityfor a term to expire June 30, 2014. This nominee has been vetted and meets the qualifications toserve on boards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor

Virg Bernero, Mayor


Virg Bernero, Mayor

City of Lansing


To:

Virg Bernero, Mayor

From:


Subject:

Resolution- Appointment of Joseph Ruth of 6480 Kernwood, East Lansing, MI 48823as an At-Large member of Michigan Avenue Corridor Improvement Authority for a term to expireJune 30, 2014.

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of Appointment of Joseph Ruth of 6480Kernwood, East Lansing, MI 48823 as an At-Large member of Michigan Avenue CorridorImprovement Authority for a term to expire June 30, 2014.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Appointment of Joseph Ruth of 6480 Kernwood, East Lansing, MI 48823 as anAt-Large member of Michigan Avenue Corridor Improvement Authority for a term to expireJune 30, 2014.



(517) 483-4141 (voice)(517) 483-4479 (TDD)(517) 483-6066 (Fax)

December 2, 2010

Council President A'Lynne Robinson andCity Council Members10th Floor City HallLansing, MI 48933


I herewith submit for your confirmation the appointment of Joan Battley-Finken, 6663 QuaintRidge Trail, Brighton, MI 48116 as an At-Large member of Michigan Avenue CorridorImprovement Authority for a term to expire June 30, 2012. This nominee has been vetted andmeets the qualifications to serve on boards and commissions as required by the City Charter.


Sincerely,

Virg BerneroMayor

Virg Bernero, Mayor


Virg Bernero, Mayor

City of Lansing


To

Virg Bernero, Mayor

From:


Subject:

Resolution- Appointment of Joan Battley-Finken of 6663 Quaint Ridge Trail,Brighton, MI 48116 as an At-Large member of Michigan Avenue Corridor Improvement Authorityfor a term to expire June 30, 2012.

Date:

December 9, 2010



Attachments



WHEREAS, the Mayor made the appointment of Joan Battley-Finken of 6663 Quaint RidgeTrail, Brighton, MI 48116 as an At-Large member of Michigan Avenue Corridor ImprovementAuthority for a term to expire June 30, 2012.


NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms theappointment of Joan Battley-Finken of 6663 Quaint Ridge Trail, Brighton, MI 48116 as an At-Large member of Michigan Avenue Corridor Improvement Authority for a term to expire June30, 2012.

Michigan Department of Energy, Labor & Economic GrowthMICHIGAN LIQUOR CONTROL COMMISSION (MLCC)

7150 Harris Drive, P.O. Box 30005Lansing, Michigan 48909-7505

LOCAL GOVERNMENT 15-DAY NOTICE[Authorized by R 436.1105 (2d) and (3)]

V' ( , = i01 RJ

DECEMBER 2, 2010

LANSING CITY COUNCIL'ATTN: CLERK124 W MICHIGAN AVENUELANSING, MI 48933-1694

DEC 06 2010

LANSING 0u h Y 000N01

REQUEST ID #: 572752

THE MICHIGAN LIQUOR CONTROL COMMISSION HAS RECEIVED AN APPLICATION FROM RAVNEET, INC. TOTRANSFER OWNERSHIP OF 2010 SDD & SDM LICENSED BUSINESS, LOCATED AT 4013 AURELIUS, LANSING, MI48910, INGHAM COUNTY, FROM GKRA, INC.

Home address and telephone number:JASWINDER SINGH, 833 LAURELWOOD DRIVE, LANSING, MI 48917, 11(517) 455-7014, B(517) 882-2154

Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off thepremises only. Specially Designated Distributor (SDD) licenses peu.nit the sale of alcoholic liquor, other thanbeer and wine under 21 per cent alcohol by volume, for consumption off the premises only.

For your information, part of the investigation of the application is conducted by the local law enforcementagency and investigative forms will be released to them either in person or by mail.

Although local governing body approval is not required by the Michigan Liquor Control Code, Rules andRelated Laws for off-premise licenses, the local governing body, or its designee, may notify the Commission atthe above address within 15 days of receipt of this letter if the applicant location will not be in compliance withall appropriate state and local building, plumbing, zoning, fire, sanitation and health laws and ordinances, or ifthe applicant is considered ineligible due to other factors.

All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. Acopy of the law and/or ordinance may be submitted with the notification.

If you have any questions, please contact Unit 3 of the Retail Licensing Division at (517) 636-0.20

dl

LC-3104(Rev.09/05)Authority: R436.1105(2d) and (3)Completion: MandatoryPenalty: No License

The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americanswith Disabilities Act, you may make your needs known to this agency.

Michigan Department of Energy, Labor & Economic GrowthMICHIGAN LIQUOR CONTROL COMMISSION (MLCC)

7150 Harris Drive, P.O. Box 30005Lansing, Michigan 48909-7505

LOCAL GOVERNMENT 15-DAY NOTICE[Authorized by R 436.1105 (2d) and (3)] s VCE_D

December 1, 2010

LANSING CITY COUNCILATTN: CLERK124 W. MICHIGAN AVELANSING, MI 48933-1694

DEC 06 2010

LA MM CITY COUNCIL

Request ID #: 572100

The Michigan Liquor Control Commission has received an application from 838 PENN, LLC TO TRANSFEROWNERSHIP OF 2010 SDD AND SDM LICENSED BUSINESS LOCATED AT 838 N. PENNSYLVANIA, LANSING, MI48906, INGHAM COUNTY, FROM MARY'S PARTY STORE, INC.

Home address and telephone number:

KULDISH KAUR, 1245 E. GRAND RIVER, LANSING, MI 48906 HM# (517) 886-4085 BUS# (517) 994-2260

Specially Designated Merchant (SDM) licenses permit the sale of beer and wine for consumption off the premises only.Specially Designated Distributor (SDD) licenses permit the sale of alcoholic liquor, other than beer and wine under 21 percent alcohol by volume, for consumption off the premises only.

For your information, part of the investigation of the application is conducted by the local law enforcement agency andinvestigative forms will be released to them either in person or by mail.

Although local governing body approval is not required by the Michigan Liquor Control Code, Rules and Related Laws foroff-premise licenses, the local governing body, or its designee, may notify the Commission at the above address within 15days of receipt of this letter if the applicant location will not be in compliance with all appropriate state and local building,plumbing, zoning, fire, sanitation and health laws and ordinances, or if the applicant is considered ineligible due to otherfactors.

All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A copy of thelaw and/or ordinance may be submitted with the notification.

If you have any questions, please contact Unit 3 of the Retail Licensing Division at (517) 636-0204.

ch

LC-3104(Rev. 09/05)Authority: R436.1105(2d) and (3)Completion: MandatoryPenalty: No License

The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americanswith Disabilities Act, you may make your needs known to this agency.

'STATE OF MICHIGANLIQUOR CONTROL COMMISSION

DEPARTMENT OF LABOR & ECONOMIC GROWTHANDREW S. LEVIN, ACTING DIRECTOR

December 1, 2010

Dear Clerk:

This letter is in reference to the recent action taken by the Legislature that amended Section 1111 andSection 1113 of the Michigan Liquor Control Code of 1998, being MCL 436.2111 and MCL 436.2113. Theseamendments allow for the sale of spirits, mixed spirit drink and beer and wine between the hours of 7:00a.m. on Sunday and 2:00 a.m. on Monday.

MCL 436.2111 allows for the sale of beer and wine between the hours of 7:00 a.m. on Sunday and 2:00a.m. on Monday unless the local legislative body has prohibited such sales.

MCL 436.2113 allows ' for the sale of spirit and mixed spirit drink between the hours of 7:00 a.m. on Sundayand 2:00 a.m. on Monday, unless the legislative body of a county or the local legislative body has prohibitedsuch sales.

If your governmental unit or county chooses to prohibit the sale of spirits, mixed spirit drink and/or beer andwine between the hours of 7:00 a.m. on Sunday and 2:00 a.m. on Monday, please submit your resolution orordinance prohibiting such sales to this office by 5:00 p.m. on December 15, 2010. If we do not receive aresponse from you by this deadline, we will assume that you currently have no resolution or ordinance thatwould prohibit the sale of alcoholic liquor between the hours of 7:00 a.m. on Sunday' and 2:00 a.m. onMonday. You do retain the right in the future to prohibit Sunday Sales.

Unless we hear from you concerning this matter, it is our intent to begin issuing the early morning SundaySales Permits to our licensee's on December 16, 2010 in those governmental units that currently authorizeSunday Sales.

If you have any questions regarding this matter, please feel free to contact this office at (517) 322-1400 ortoll free at 1-866-813-0011.

JENNIFER M. GRANHOLMGOVERNOR

NI DA R.SAMONACHAIRPERSON

Very truly yours,

MICHIGAN LIQUOR CONTROL COMMISSION

Sharon Martin, DirectorLicensing Division

DLEG is an equal opportunity employer/program.Auxiliary aids, services and other reasonable accommodations are available upon request to individuals with disabilities.

Michigan Liquor Control Commission7150 Harris Drive • P.O. Box 30005 • Lansing, Michigan 48909-7505

www.michigan.gov/dleg • (517) 322-1345 Lansing Office

Comcast

December 6, 2010

Chris Swope, ClerkCity of Lansing124 W. Michigan Ave., 9th FloorLansing, MI 48933

Dear Mr. Swope:

As part of Comcast's commitment to keep you informed about important developments thataffect our customers in your community, I am writing to notify you that we are again adding HDchannels in your community and to report on an additional matter.

Effective November 23, 2010: ESPNU HD ch 708 was added to Digital Preferred and the SportsEntertainment her. FSN Plus HD ch 707 was added to Digital Starter. HD-capable equipment isrequired to view these channels.

Effective December 14, 2010: Cultures channel 619 will no longer be available and VenemoviesWest will be added to Nuevo Selecto channel 619.

Effective February 8, 2011: truTV will move from Expanded Basic ch 36 to Digital Preferred.Oxygen will be added to Digital Preferred ch 123. FSN Plus ch 901 will move from Basic toExpanded Basic. CTV2 Programming will no longer be available on ch 901.

Also, pursuant to P.A. 480 of 2006, Section 9 (4), Comcast Cable's local operating entity herebyreports that Comcast does not deny access to services to any group of potential residentialsubscribers because of the race or income of the residents in the local area. A similar report hasbeen filed with the Michigan Public Service Commission.

Please direct any customer calls about Comcast products, services and prices to 1-888-COMCAST. Our Customer Account Executives are available 24 hours a day, 7 days a week. Asalways, feel free to contact me directly at 517-334-5686 with any questions you may have.

Sincerely,

John P. GardnerGovernment Affairs ManagerComcast, Michigan Region1401 E. Miller Rd.dLansing, MI 48911

Lansing City Council124 W. Michigan Ave. 10th FloorLansing, MI 48933

December 6. 2010

Subject: 800 Baker

Dear City Council;

Lansing City Council responded to the request of our community when we first became aware of thebeer and wine license for 800 Baker. At that time both the Neighborhood Watch and Baker/DonoraFocus Center opposed this license and the City Council sent a letter to Liquor Control expressing ourissues.

Since that letter we have had the opportunity to meet with representatives of the lease holder andreach a "Community Agreement". We are pleased that because of the actions of the Council it allowedus to express our concerns and work out a solution that best suits our community.

We are requesting the Council send a letter on Monday to Liquor Control withdrawing their concernsand allow the applicant to receive their license.

Our goal is to monitor this location and continue to work with lease holder to achieve the best resultsfor our neighborhood. We will keep you apprised of the situation.

r c'e

Again, thank you for your help in achieving success for our neighborhood.

Sincerely,

mad(

NOTICE

December 6, 2010

Darnell E. Oldham, Sr.3 815 Berwick Dr.Lansing, MI 48911

A'Lynne Robinson, PresidentLansing City Council120 W. Michigan Ave.Lansing, MI 48933

Dear President Robinson:

This is my NOTICE to The City of Lansing that, effective December 6, 2010. I will folonger remove snow from the public sidewalks in front of my home located at 3 815Berwick Dr. Lansing, MI 48911.

Until The City of Lansing is responsible and responsive to it's Citizens, and can meet thesame standards The City imposes on its Citizens. The current City of Lansing SnowClearing Standards Dated November 15, 2010 are unclear and intended for a select groupof violators. I QUIT WORKING FOR THE CITY OF LANSING, MI.

If the City of Lansing is not going to provide Public Services in the form of snowremoval on residential streets in our community, then citizens should not be required tobe more responsible removing snow from the public sidewalks.

AGAIN AS OF DECEMBER 6, 2010 I QUIT WORKING FOR THE CITY OFLANSING, MI.

Sincerely,

Darnell E. Oldham, Sr.

CC: Virg Bernero, MayorCity Council Members

ty Clerk

lansing (mi) city council info packet for dec. 13 meeting

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