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REGULAR MEETING OF THE CITY COUNCIL

OF THE CITY OF LANSING, MICHIGAN


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

AGENDA FOR DECEMBER 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 QUINNEY
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Curlee B. Foster has dedicated his life to serving others and believes it his
responsibility 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 graduated
from Lansing Eastern High School in June of 1965. He later married and has been
happily married to Ruby for 38 years and blessed with three children and two
grandchildren; and

WHEREAS, employed by General Motors since 1965 and working in fire prevention
since 1977, Curlee started the South-side Boys Baseball and Girls Softball Club in 1983
for youth from three years through fourteen years of age, with 16 boys playing T-Ball. In
1991, all teams placed first or second place within the City, with the girls softball team
winning their first title; and

WHEREAS, Curlee is known for his part-time catering service and his generous
donations to the Boys Baseball and Girls Softball Club to cover registration fees and the
purchase 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 with
an array of awards; including the Lewis Hines Award, an honorary member of the Old
Timers Baseball Club, the Diamond Achievement Award, the Brian Ferguson Unsung
Hero Award, the C.S. "Pat" Patterson Diamond Achievement Award, the President's
Call to Service Award from the Council on Service and Civic Participation from
Washington D.C., dedicating at least 4,000 hours over the course of his life to serving
others at home and abroad and creating safer neighborhoods, and the President's
Volunteer Service Award for demonstrating the best of the American spirit; and

WHEREAS, Curlee retired from General Motors after over 36 years of service and
currently is a volunteer crossing guard at Averill Elementary School and coach of the
fifth grade Basketball Girls and Boys Program, 2001 being their first year and since
expanding 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 Averill
Elementary 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 and
outstanding accomplishments and for his dedication to the City of Lansing;

BE IT FURTHER RESOLVED that the Lansing City Council, hereby, expresses our
sincere 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 Curlee
and Coach Davis continued success in all future endeavors. Congratulations!
BY COUNCILMEMBER A'LYNNE ROBINSON
RESOLVED 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 Church
of God on Williams Street; and

WHEREAS, only six months after the church was organized, its first Pastor, Reverend
O.C. Thomas, purchased property at 925 W. Main Street and erected a new church
building 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 neighboring
property 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 efforts
contributed to its extraordinary growth; and

WHEREAS, in February 1966, driven by Reverend Everton C. Hawkins' leadership, the


church's finances grew from $8,000 to $45,000, and the Church purchased 14.9 acres
of land on Pleasant Grove Road for $70,000. In 1969, the Friendship Day Care Center
was 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 ambitious
transformation; and

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

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

WHEREAS, to memorialize the new church's opening, its entire congregation made the
three 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 to
congratulate the Friendship Baptist Church on its 76th Anniversary and its remarkable
success over the years! We wish you continued success!
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BY THE COMMITTEE ON DEVELOPMENT AND PLANNING
RESOLVED 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 term
to 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 confirms
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 term to expire June 30, 2013
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor


Control Commission received 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; 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 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;

BE IT FURTHER RESOLVED, the City Clerk is requested to notify the Michigan


Liquor Control Commission of the action taken.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Licensing and Enforcement Division of the Michigan Liquor Control
Commission received a request from Tini Bikinis - Lansing, LLC to transfer ownership of
an Escrowed 2010 Class C Licensed Business, located at 511 E Hazel St., Lansing, MI
48912, Ingham County from Clifford W Green to Tini Bikinis - Lansing, LLC; & requests a
new Dance-Entertainment Permit; 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 Tini Bikinis - Lansing, LLC to transfer ownership of an Escrowed 2010
Class C Licensed Business, located at 511 E Hazel St., Lansing, MI 48912, Ingham
County 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 Liquor
Control Commission of the action . taken.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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


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

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

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


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

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


this resolution to the Michigan State AFL-CIO Human Resources Development,
Inc. of 419 S. Washington Sq., Lansing MI 48933.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Downtown Neighborhood Association has requested $500.00 to defray


costs 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, 2010


and reviewed the request; and

WHEREAS, the maximum total amount of Community Promotion Funds to be awarded


an 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 Downtown
Neighborhood Association to defray costs associated with the Lansing Mosaic Festival
that was held on Saturday, September 4, 2010;

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

BE IT FINALLY RESOLVED that the Downtown Neighborhood Neighborhood


Associaion shall submit a written analysis of the event, including information regarding
the 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.
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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 a
term to expire June 30, 2014; and

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

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

BY THE COMMITTEE ON GENERAL SERVICES


RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Warren and Jason Will sought to eliminate a claim of $1,409.00 for special
assessments on Trash Removal of $379.00 and Board-ups of $520.00 and $510.00 and
all 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 to
review the claim;

NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claim
of $1,409.00 filed by Warren and Jason Will for special assessments on Trash Removal
of $379.00 and Board-ups of $520.00 and $510.00 and all associated penalties and
interest 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 for
processing this claim.
BY THE COMMITTEE . ON GENERAL SERVICES
RESOLVED 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 the
property tax bill of 1707 S. Washington Avenue, Lansing, Michigan; and

WHEREAS, the Committee on General Services met on Monday, December 6, 2010 to


review the claim;

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

BE IT FURTHER RESOLVED that no further action is required by the City Attorney for
processing this claim.
x>v8cL,

BY THE COMMITTEE ON GENERAL SERVICES


RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Philip A. Vilella sought to eliminate special assessment of $1,517.03 for


Trash and Debris, Grass and Weeds, and Additional Assessment and all associated
penalties and interest on the property tax bill of 737 Comfort Street, Lansing, Michigan;
and

WHEREAS, the Committee on General Services met on Monday, December 6, 2010 to


review the claim;

NOW, THEREFORE, BE IT RESOLVED that the City Council, hereby, denies the claim
filed 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 interest
on the property tax bill of 737 Comfort Street, Lansing, Michigan;

BE IT FURTHER RESOLVED that no further action is required by the City Attorney for
processing this claim.
js
BY THE COMMITTEE ON GENERAL SERVICES
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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

WHEREAS, the Committee on General Services met on Monday, December 6, 2010 to


review the claim;

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

BE IT FURTHER RESOLVED that no further action is required by the City Attorney for
processing this claim.
)ta

BY THE COMMITTEE ON INTERGOVERNMENTAL RELATIONS


RESOLVED 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 for
a 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 confirms
the appointment of Frederick Sparrow, 3727 David Lane, Lansing, Michigan 48911 to
the Lansing Entertainment and Public Facilities Authority for a term to expire June 30,
2012.
BY THE COMMITTEE ON INTERGOVERNMENTAL RELATIONS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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

WHEREAS, the Committee on Intergovernmental Relations met on December 9, 2010


and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms
the appointment of Troy Brown from 2210 Devonshire Ave., Lansing, Michigan 48910 to
the At-Large position on the Capital Region Airport Authority for a term to expire
September 30, 2013;
)O E 70t

BY THE COMMITTEE ON PUBLIC SERVICES


RESOLVED 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 June
30, 2014.

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

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby, confirms
the appointment of Patricia Spitzley to the At-Large position on the Parks Board for a
term to expire June 30, 2014.
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City Draft #5.5
December 2, 2010
AGREEMENT
BETWEEN THE CITY OF LANSING
AND THE
COUNTY OF INGHAM
FOR THE OPERATION OF PORTIONS OF
SCOTT 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 Michigan
Avenue, Lansing, Michigan 48933 (hereinafter, "City"), and the COUNTY OF INGHAM, a
municipal corporation and political subdivision of the State of Michigan, acting on behalf of the
INGHAM 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 interest
in establishing a dog park, trails, and park amenities within Scott Woods Park, and portions of
the River Trail (hereinafter, the "Premises" or the "Park"), contiguous to Hawk Island County
Park and described in the following attached exhibits:

EXHIBIT ."A": Scott Woods Park


EXHIBIT "B": River Trail
EXHIBIT "C": Soldan Park
EXHIBIT "D": Ingham County Parks Rules and Regulations

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

WHEREAS, the City and the County are each municipal corporations as defined in MCL
124.1, and as such each is authorized to enter into this interlocal agreement providing for the
operation 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 operation
and maintenance of the Park will provide necessary municipal services and will be beneficial to
the residents of both the City and the County,

WHEREAS, the proximity of Scott Woods Park and portions of the River Trail to Hawk
Island County Park with its maintenance personnel and equipment resources would allow the
Ingham 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 the
parties; and

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

AGREEMENT

NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter


contained, IT IS HEREBY MUTUALLY AGREED, as follows:

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

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

3. DOG PARK ENTRY FEES. The County may establish and charge a fee for entry to
the 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 Maguire
Park, 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; and
e. Graffiti removal.

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In Soldan Dog Park, the County will be responsible for all operations, maintenance and
costs 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 Parks
e. Graffiti removal;
f. Waste bag replacement;
g. Portable Restroom maintenance; and
h. 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, maintenance
and costs not specifically reserved to the County herein. City's responsibility includes the
overflow storm drain located in the pond.

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

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

6. TIME OF OPERATION. County may determine the hours of operation and publicize
such hours in advertisements and signs, subject to the prior written approval of the City's
Director of Parks and Recreation and conformance with Lansing City Ordinances. Nothing
herein shall be construed as authorizing the County to permanently close the Soldan Dog Park.

7. RETURN OF THE PREMISES. Upon termination, abandonment, or discontinuance of


this Agreement the County shall return the Premises, along with all alterations and
improvements made pursuant to Section 2 of this Agreement to the City within thirty (30) days of
County's receipt of written notice from City requiring the Premises return. It is expressly
understood and agreed that the City shall accept the return of the Premises in their AS IS
condition at the time the City requires the return of the Premises. The County's responsibilities
for maintenance, operation and repairs of the Premises shall cease upon the date the Premises
are returned to the City.

8. SIGNS AND PUBLISHED MATERIAL. County will have the right to erect reasonable
signs 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 sign
or published material should recognize that the Premises are a City of Lansing owned park
operated with Ingham County.

9. INSURANCE AND LIABILITY.

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

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

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

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

E. All liability to third parties, loss or damage as a result of claims, demands, costs or
judgments arising out of activities to be carried out by the City in the performance of this
Agreement 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 on
the 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 governmental
immunity by the City or its officers, employees, or agents as provided by statute or court
decisions.

F. In the event that liability to third parties, loss, or damage arises as a result of
activities 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 by
the County and the City in relation to each party's responsibilities under these joint
activities, provided that nothing herein shall be construed as a waiver of any
governmental 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 are
owned by the City as dedicated parkland. The City and County retain the right at their respective
sole and unreviewable discretion to cancel this Agreement upon one (1) year written notice to
the other. In the event this Agreement is canceled any improvement or alterations built or placed
on the Premises shall remain the sole property of the City.

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

12. APPLICABLE LAW/COMPLIANCE WITH THE LAW. This Agreement shall be


construed under and in accordance with the laws of the State of Michigan and all obligations of
the parties created hereunder are to be performed in Ingham County, State of Michigan. County
agrees to comply with all federal, state and local laws. County will comply with the terms of any
grant to which the Premises is subject.

13. COMPLIANCE WITH INGHAM COUNTY'S PARKS AND RECREATION


DEPARTMENT'S RULES AND REGULATIONS. City allows the County to implement and
enforce all of the rules and regulations of the Ingham County Parks Department to the extent
they are not inconsistent with City of Lansing Ordinances.

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

15. AMENDMENTS. No amendment, modification or alteration of the terms contained in


this Agreement shall be binding unless the same are in writing, dated subsequent to the dates
hereof, 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 or
covenant of this Agreement shall be deemed to be a waiver of any other breach of the same or
any other term, conditions or covenant.

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

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

19. BINDING EFFECT OF AGREEMENT. This Agreement shall be binding upon, and the
benefits 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 this
Agreement.

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

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

23. INVALID PROVISIONS. If any section, clause or provision of this Agreement is


rendered invalid, or unenforceable. because of any State or Federal statute or regulation or
ruling by any tribunal of competent jurisdiction, that section, clause or provision shall be null and
void and to be considered deleted, and the remainder of this Agreement shall not be affected
thereby. Where the deletion of the unenforceable or invalid section, clause or provision would
result in the illegality and/or unenforceability of this Agreement, this Agreement shall be
considered to have terminated as of the date in which the provision was declared invalid or
unenforceable.

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

If to City:

Director of Lansing Parks and Recreation


124W. Michigan Ave.
City Hall, 8th Floor

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Lansing, MI 48933

with copy to

Lansing City Attorney


124W. Michigan Ave.
City Hall, 5th Floor
Lansing, MI 48933

If to County:

Director of Ingham County Parks Department


121 E. Maple St., Suite 102
Mason, MI 48854

With a copy to:

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

Ingham County Controller


Ingham County Controller's Office
Ingham County Courthouse
Mason, MI 48854

25. CERTIFICATION OF AUTHORITY TO SIGN THIS AGREEMENT. The persons


signing this Agreement on behalf of the parties hereto certify by their signatures that they are
duly authorized to sign on behalf of said parties and that this Agreement has been authorized by
said parties.

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

COUNTY OF INGHAM

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Debbie De Leon
Chairperson
Ingham County Board of Commissioners

Mike Bryanton
Ingham County Clerk

Approved as to form only


For County of Ingham
Cohl, Stoker, Toskey & McGlinchey, RC.

Robert D. Townsend
County Attorney

CITY OF LANSING

Virg Bernero
Mayor

I hereby certify that funds are available


In account No,

City Controller

Approved as to form only


For City of Lansing

Brigham C. Smith .
City Attorney

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'31v

BY THE COMMITTEE OF THE WHOLE


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

A RESOLUTION TO APPROVE:
• Up to $3,200,000 of General Obligation Limited Tax Bonds for
consolidated garage and storage for City vehicles;
• Sell Bonds in one or more series as Recovery Zone Economic Development Bonds
or as tax exempt bonds or as Build America Bonds;
• Pledge of City full faith and credit for the payment of the Bonds;
• Appointment of underwriter;
• City Officials to sell bonds without further Council action;
•, Rating application, official statement, and continuing disclosure;
• Other matters necessary to sell and deliver the Bonds.

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


necessary for the public health, safety and welfare of the City and its residents to acquire,
construct, furnish and equip a consolidated garage and storage building(s) for City
vehicles including site preparation and improvement (collectively, the "Capital
Improvements"); and
WHEREAS, under the provisions of Section 517 of the Revised Municipal
Finance Act, Act No. 34, Public Acts of Michigan, 2001, as amended ("Act 34") a City
may issue municipal securities to pay the cost of any capital improvement items within
the limitations provided by law; and
WHEREAS, a Notice to Electors of the City of intent to issue Bonds in an amount
not-to-exceed Three Million Two Hundred Thousand Dollars ($3,200,000) to finance the
Capital Improvements (the "Bonds") and right of referendum on the Bonds was published
in accordance with Act 34, the 45 day referendum period described in the Notice to
Electors has been completed, and no petitions for referendum were filed with the City
Clerk; and
WHEREAS, the American Recovery and Reinvestment Act of 2009 (the
"ARRA") added sections to the Internal Revenue Code of 1986, as amended (the
"Internal Revenue Code") to provide for the issuance of Recovery Zone Economic
Development Bonds and Build America Bonds by local units of government such as the
City; and
WHEREAS, the City Council has designated the entire City as a Recovery Zone
and designated the Bonds as Recovery Zone Economic Development Bonds; and
WHEREAS, the City wishes to have the options to sell the Bonds in one or more
series as "Recovery Zone Economic Development Bonds" (entitling the City to a 45%
credit on interest , due), as taxable "Build America Bonds" (entitling the City to a 35%
credit on interest due), or as traditional tax exempt bonds, in reliance on the advice of the
City's financial consultant, Stauder, Barch & Associates, Inc. (the "Financial
Consultant"); and
WHEREAS, given the volatile nature of the bond market and the special tax
concerns relating to the issuance of the Bonds as Recovery Zone Economic Development
Bonds or Build America Bonds, and in order to achieve sale efficiencies so as to reduce
the cost of issuance and interest expense, it is determined in the best interests of the City
to negotiate the sale of the Bonds; and
WHEREAS, the City has received a proposal from Robert W. Baird & Co. (the
"Underwriter") to act as managing underwriter for the Bonds at a negotiated sale; and
WHEREAS, Act 34 permits the City to authorize, within limitations which shall
be contained in the authorization resolution of the governing body, an officer to sell and
deliver and receive payment for obligations, approve interest rates or methods for fixing
interest rates, prices, discounts, maturities, principal amounts, denominations, dates of
issuance, interest payment dates, redemption rights, the place of delivery and payment,
and other matters and procedures necessary to complete the transactions authorized; and
WHEREAS, the City Council wishes to authorize either the Finance Director or
the Budget Director (either, an "Authorized Officer") to sell and deliver and receive
payment for the proposed issue of bonds without the necessity of the City Council taking
further action prior to sale and delivery of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Bonds are authorized to be issued in the aggregate principal sum of
not to exceed Three Million Two Hundred Thousand Dollars ($3,200,000) for the
purpose of paying all or part of the costs of acquiring and constructing the Capital
Improvements, including payment of engineering, financial and legal expenses and costs
incidental to the issuance, sale and delivery of the Bonds.
The Authorized Officer is hereby authorized to determine, based upon the advice
of the Financial Consultant, whether to sell the Bonds in one or more series on a tax
exempt basis or on a taxable basis as Recovery Zone Economic Development Bonds or
Build America Bonds. Each series of Bonds, if more than one, shall comprise only one
type of Bonds as described in the preceding sentence. The aggregate principal amount of
each series of the Bonds shall be determined by the Authorized Officer upon sale of the
Bonds in consultation with bond counsel and the Financial Consultant.
The Bonds shall be designated as the 2010 GENERAL OBLIGATION LIMITED
TAX BONDS. If a series of the Bonds is sold as Recovery Zone Economic Development
Bonds then the Bonds shall have the additional designation of "(Taxable - Recovery
Zone Economic Development Bonds)" or other designation selected by the Authorized
Officer. If a series of the Bonds is sold as Build America Bonds then the Bonds shall
have the additional designation of "(Taxable - Build America Bonds - Direct Pay)" or
other designation selected by the Authorized Officer. If the Bonds are sold or delivered
after December 31, 2010 then the Authorized Officer may change the word "2010" in the
designated name of the Bonds and the Debt Retirement Fund and Construction Fund
(each defined below) to the year in which the Bonds will be sold or delivered.
The Bonds shall consist of bonds in fully-registered form of the denomination of
$5,000, or integral multiples thereof not exceeding for each maturity the maximum
principal amount of that maturity, numbered as determined by the Transfer Agent (as
hereinafter defined), dated as of the date of delivery thereof or such other date as may be
detennined by the Authorized Officer at the time of sale of the Bonds, and numbered as
determined by the Transfer Agent. The Bonds shall mature as serial bonds or term bonds
on the dates and in the amounts as shall be determined by the Authorized Officer at the
time of sale of the Bonds. If more than one series of Bonds is sold then the two series
may be treated as a single issue under the same authorization for the purpose of fixing
maturities under Section 503 of Act 34.
The Authorized Officer is hereby authorized to appoint a bond registrar, paying
agent and transfer agent (the "Transfer Agent") for the Bonds. The Authorized Officer is
hereby authorized to execute one or more agreements with the Transfer Agent on behalf
of the City. The City reserves the right to replace the Transfer Agent at any time,
provided written notice of such replacement is given to the registered owners of record of
the Bonds not less than sixty (60) days prior to an interest payment date.
The Bonds may be issued in book-entry only form through The Depository Trust
Company in New York, New York ("DTC") and the Authorized Officer is authorized to
execute such custodial or other agreement with DTC as may be necessary to accomplish
the issuance of the Bonds in book-entry only form, and to make such changes in the form
of the Bonds within the parameters of this Resolution as may be required to accomplish
the foregoing.
The Bonds shall bear interest at a rate or rates to be determined by the Authorized
Officer at the time of sale of the Bonds, payable on May 1, 2011 or such other initial
interest payment date as shall be deteimined at the time of sale of the Bonds, and
semi-annually thereafter on May 1st and November 1st of each year, by check or draft
drawn on the Transfer Agent mailed to the registered owner at the registered address, as
shown on the registration books of the City maintained by the Transfer Agent. Interest
shall be payable to the registered owner of record as of the fifteenth day of the month
prior to the payment date for each interest payment. The record date of determination of
the registered owner for purposes of payment of interest as provided in this paragraph
may be changed by the City to conform to market practice in the future. The principal of
the Bonds shall be payable at the corporate trust office of the Transfer Agent upon
presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the
Bonds are held in book-entry form by DTC, payment shall be made in the manner
prescribed by DTC.
The Bonds may be subject to optional redemption, and/or extraordinary optional
redemption, and/or mandatory redemption prior to maturity as determined by the
Authorized Officer at the time of sale of the Bonds. Unless waived by any registered
owner of bonds to be redeemed, official notice of redemption shall be given by the
Transfer Agent on behalf of the City and shall conform to the requirements set forth in
the Bond. Such notice shall be dated and shall contain at a minimum the following
information: original issue date; maturity dates; interest rates; CUSIP numbers, if any;
certificate numbers (and in the case of partial redemption) the called amounts of each
certificate; the redemption date; the redemption price or premium; the place where bonds
called for redemption are to be surrendered for payment; and that interest on bonds or
portions thereof called for redemption shall cease to accrue from and after the redemption
date. In addition, further notice shall be given by the Transfer Agent in such manner as
may be required or suggested by regulations or market practice at the applicable time, but
no defect in such further notice nor any failure to give all or any portion of such further
notice shall in any manner defeat the effectiveness of a call for redemption if notice
thereof is given as prescribed herein.
The Transfer Agent shall keep the books of registration for this issue on behalf of
the City. Any Bond may be transferred upon such registration books by the registered
owner of record, in person or by the registered owner's duly authorized attorney, upon
surrender of the Bond for cancellation, accompanied by delivery of a duly executed
written instrument of transfer in a form approved by the Transfer Agent. Whenever any
Bond or Bonds shall be surrendered for transfer, the City shall execute and the Transfer
Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount. The Transfer Agent shall require the payment by the bondholder requesting the
transfer of any tax or other governmental charge required to be paid with respect to the
transfer.
2. The Bonds shall be executed in the name of the City with the manual or
facsimile signatures of the Mayor and the City Clerk, and the corporate seal of the City
shall be manually impressed or a facsimile thereof shall be printed on the Bonds. No
Bond authorized under this Resolution shall be valid until authenticated by an authorized
representative of the Transfer Agent. If Bonds are not issued in book-entry form then
executed blank bonds for registration and issuance to transferees may simultaneously,
and from time to time thereafter as necessary, be delivered to the Transfer Agent for
safekeeping. The Bonds shall be delivered to the Transfer Agent for authentication and
be delivered by the Transfer Agent to the purchaser or other person in accordance with
instructions from the Authorized Officer upon payment of the purchase price for the
Bonds in accordance with the Bond Purchase Agreement for the Bonds.
3. The City expressly and irrevocably pledges its full faith and credit for the
prompt and timely payment of the principal of and interest on the Bonds. The Bonds
shall be payable, as a first budget obligation, from the general fund of the City, and the
City shall levy annually ad valorem taxes on all the taxable property in the City which,
taking into consideration estimated delinquencies in tax collections, shall be fully
sufficient to pay the principal and interest on the Bonds provided, however, that if at the
time of making any such tax levy there shall be other legally available funds for the
payment of principal of and interest on the Bonds, then credit therefor may be taken
against the levy for payment of the Bonds. The levy shall be subject to constitutional,
statutory and charter tax rate limitations.
4. The City Treasurer is authorized and directed to open a separate
depository or trust account with a bank or trust company to be designated as the 2010
GENERAL OBLIGATION LIMITED TAX BOND DEBT RETIREMENT FUND (the
"Debt Retirement Fund"). The Debt Retirement Fund may be pooled or combined with
other debt retirement funds for issues of bonds of like character as provided by Act 34 or
other state law. An amount sufficient to assure timely payment of the principal of and
interest on the Bonds shall be transferred each year from the general fund of the City or
other funds legally available therefor into the Debt Retirement Fund. The moneys
deposited in the fund shall be used solely for the purpose of paying the principal of and
interest on the Bonds and, as may be necessary, to rebate arbitrage earnings, if any, to the
United States Department of Treasury as required by the Internal Revenue Code. The
accrued interest and premium, if any, received upon delivery of the Bonds may also be
deposited in the Debt Retirement Fund. The City may provide for the payment of
principal of any of the Bonds issued as ten"' bonds through the purchase of municipal
securities in the open market at a price not greater than that payable on the next
redemption date in order to satisfy all or part of the next succeeding scheduled mandatory
redemption.
In the event a deposit of trust is made of cash or direct obligations of the United
States or obligations the principal of and interest on which are guaranteed by the United
States, or a combination thereof, the principal of and interest on which, without
reinvestment, come due at times and in amounts sufficient to pay at maturity or
irrevocable call for earlier optional or mandatory redemption, the principal of, premium,
if any, and interest on the Bonds, this Resolution shall be defeased and the owners of the
Bonds shall have no further rights under this Resolution except to receive payment of the
principal of, premium, if any, and interest of the Bonds from the cash or securities
deposited in trust and the interest and gains thereon and to transfer and exchange Bonds
as provided herein.
5. The City Treasurer is authorized and directed to create a fund designated
as the 2010 GENERAL OBLIGATION LIMITED TAX BOND CONSTRUCTION
FUND (the "Construction Fund"). The City Treasurer shall deposit the proceeds of the
Bonds into the Construction Fund, less accrued interest and premium, if any, which may
be deposited into the Debt Retirement Fund at the discretion of the Authorized Officer.
The moneys in the Construction Fund shall be used to pay the costs of the Capital
Improvements and to pay the costs of issuance of the Bonds. Moneys remaining in the
Construction Fund after completion of the Capital Improvements may be used for any
purpose permitted by law, and, for any series of Bonds sold on a tax-exempt basis, if
bond counsel advises the City that such use will not cause the interest on the Bonds to be
included in gross income for federal income tax purposes within the meaning of the
Internal Revenue Code, and, for any series of Bonds for which the City wishes to receive
a direct payment credit from the United States Treasury, if bond counsel advises the City
that such use will not cause the Bonds to no longer qualify for the credit.
6. The Bonds shall be in substantially the following form with such
revisions, additions and deletions as may be advisable or necessary to conform with the
final terms of the Bonds established upon sale thereof:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTIES OF INGHAM AND EATON

CITY OF LANSING
2010 GENERAL OBLIGATION LIMITED TAX BOND
[(Taxable - Recovery Zone Economic Development Bonds)]

Interest Rate Date of Maturity Date of Original Issue CUSIP

Registered Owner:
Principal Amount:

The CITY OF LANSING, Counties of Ingham and Eaton, State of Michigan (the
"City"), acknowledges itself to owe and for value received, hereby promises to pay to the
Registered Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Date of Maturity
specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon
(computed on the basis of a 360-day year consisting of twelve 30-day months) from the
Date of Original Issue specified above or such later date to which interest has been paid,
until paid, at the Interest Rate per annum specified above, first payable on May 1, 2011
and semiannually thereafter. Principal of this bond is payable upon presentation and
surrender hereof at the designated corporate trust office of
, Michigan, or such other transfer agent as the City may hereafter
designate by notice mailed to the registered owner of record not less than sixty (60) days
prior to any interest payment date (the "Transfer Agent"). Interest on this bond is
payable by check or draft mailed by the Transfer Agent to the person or entity who or
which is as of the fifteenth (15th) day of the month prior to each interest payment date,
the registered owner of record, at the registered address.
This bond is one of a series of bonds of even Date of Original Issue aggregating
the principal sum of $,000, issued for the purpose of paying costs to acquire,
construct, furnish and equip a consolidated garage and storage building(s) for City
vehicles including site preparation and improvement under and in pursuance of the
provisions of Act 34, Public Acts of Michigan, 2001, as amended, and a resolution of the
City Council adopted on , 2010.
The limited tax full faith, credit and resources of the City are pledged for the
payment of the bonds of this issue, and the City has pledged that it shall pay the principal
of and interest on the bonds of this issue as they mature as a first budget obligation from
its general fund and, after taking into account funds which the City may have legally
available for payment of principal of and interest on the bonds of this issue, shall levy
annually ad valorem taxes on all taxable property in the City sufficient to pay the
principal and interest on the bonds of this issue subject to applicable constitutional,
statutory and charter tax rate limitations.
Bonds of this issue maturing on or prior to May 1, 20_ are not subject to
redemption prior to maturity.
Bonds or portions of bonds in multiples of $5,000 of this issue maturing on or
after May 1, 20 shall be subject to redemption prior to maturity, at the option of the
City, in such order of maturity as the City shall determine and within any maturity by lot,
on any date on or after May 1, 20 , at par and accrued interest to the date fixed for
redemption.

[EXTRAORDINARY OPTIONAL REDEMPTION]


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

[MANDATORY REDEMPTION]
[Bonds of this issue maturing on May 1, and May 1, (the "Teen
Bonds") are subject to mandatory sinking fund redemption by lot prior to maturity on
May 1, in the years and amounts set forth below, at a price equal to 100% of the principal
amount to be redeemed, plus accrued interest to the date of redemption.]
[Term Bonds due May 1, 20 Term Bonds due May 1, 20

Principal Principal
Redemption Dates Amounts Redemption Dates Amounts
May 1, 20_ May 1, 20_
May 1, 20_ May 1, 20_
May 1, 20_ (maturity) May 1, 20_ (maturity) ]
[The principal amount of Term Bonds to be redeemed on the dates set forth above
shall be reduced, in the order determined by the City, by the principal amount of Teen
Bonds of the same maturity which have been previously redeemed (other than as a result
of a previous mandatory redemption requirement), or purchased or acquired by the City
and delivered to the Transfer Agent for cancellation; provided, that each such Term Bond
has not previously been applied as a credit against any mandatory redemption obligation.]
In case less than the full amount of an outstanding bond is called for redemption,
the Transfer Agent upon presentation of the bond called in part for redemption shall
register, authenticate and deliver to the registered owner of record a new bond of the
same maturity and in the principal amount of the portion of the original bond not called
for redemption.
Notice of redemption shall be given to each registered owner of bonds or portions
thereof to be redeemed by mailing such notice not less than thirty (30) days [and not
more than sixty (60) days] prior to the date fixed for redemption to the registered owner
of record at the address of the registered owner as shown on the registration books of the
City kept by the Transfer Agent. Bonds shall be called for redemption in multiples of
$5,000, and bonds of denominations of more than $5,000 shall be treated as representing
the number of bonds obtained by dividing the denomination of the bonds by $5,000, and
such bonds may be redeemed in part. The notice of redemption for bonds redeemed in
part shall state that, upon surrender of the bond to be redeemed, a new bond or bonds in
the same aggregate principal amount equal to the unredeemed portion of the bonds
surrendered shall be issued to the registered owner thereof with the same interest rate and
maturity. No further interest on bonds or portions of bonds called for redemption shall
accrue after the date fixed for redemption, whether the bonds have been presented for
redemption or not, provided funds are on hand with the Transfer Agent to redeem the
bonds or portion thereof.
Any bond may be transferred by the person in whose name it is registered, in
person or by the Registered Owner's duly authorized attorney or legal representative,
upon surrender of the bond to the Transfer Agent for cancellation, together with a duly
executed written instrument of transfer in a form approved by the Transfer Agent.
Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and
deliver a new bond or bonds, in like aggregate principal amount, interest rate and
maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay
any tax or other governmental charge required to be paid with respect to the transfer.
[The Transfer Agent shall not be required to issue, register the transfer of, or exchange
any bond during a period beginning at the opening of business 15 days before the day of
the mailing of a notice of redemption of bonds selected for redemption and ending at the
close of business on the day of that mailing.]
It is hereby certified and recited that all acts, conditions and things required by
law to be done, exist and happen, precedent to and in the issuance of this bond and the
series of bonds of which this is one, in order to make them valid and binding obligations
of the City have been done, exist and have happened in regular and due form and time as
provided by law, and that the total indebtedness of the City, including this bond and the
series of bonds of which this is one, does not exceed any constitutional, statutory or
charter debt limitation.
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the City, by its City Council, has caused this bond to
be signed in the name of the City by [the facsimile signatures of] its Mayor and Clerk,
and a facsimile of its corporate seal to be [manually impressed/printed] hereon, all as of
the Date of Original Issue.
CITY OF LANSING

[manual or facsimile
By signature to appear here
(Seal) Mayor
Countersigned:

[manual or facsimile
By signature to appear here ]
City Clerk
CERTIFICATE OF AUTHENTICATION

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

Transfer Agent

By
Its Authorized Representative
Date of Authentication:

[INSERT STANDARD FORM OF ASSIGNMENT]


7. If a series of the Bonds is issued as Recovery Zone Economic
Development Bonds or Build America Bonds, then the Authorized Officer is hereby
directed to elect, on behalf of the City, to qualify the Bonds as such as required by the
Internal Revenue Code, and to make such representations and agreements in certificates
delivered at the time of delivery of the Bonds as may be necessary to qualify the Bonds
as Recovery Zone Economic Development Bonds or Build America Bonds and receive
the direct payment credit from the United States Treasury, and to take all other actions
necessary or advisable, and to make such other filings with any parties, including the
Internal Revenue Service, to request the payment of the appropriate credits from the
United States Treasury.
8. If a series of the Bonds is issued on a tax-exempt basis, the City hereby
covenants that, to the extent permitted by law, it shall take all actions within its control
and that it shall not fail to take any action necessary to maintain the exclusion of the
interest on the Bonds from adjusted gross income for general federal income tax purposes
under the Internal Revenue Code including, but not limited to, actions relating to any
required rebate of arbitrage earnings and the expenditures and investment of Bond
proceeds and moneys deemed to be Bond proceeds. If a series of the Bonds is issued on
a tax-exempt basis, then the Authorized Officer may designate such series of Bonds as
"qualified tax exempt obligations" for purposes of deduction of interest expense by
financial institutions if he or she expects the series of Bonds to qualify based on the
aggregate amount of bonds to be issued by the City within the calendar year. Any such
designation shall be evidenced by execution of the Non-Arbitrage and Tax Compliance
Certificate or other certificate to be signed by the Authorized Officer for the Bonds.
9. The City shall not invest, reinvest or accumulate any moneys deemed to
be proceeds of the Bonds pursuant to the Internal Revenue Code, in such a manner as to
cause the Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue
Code.
10. The estimated period of usefulness of the Capital Improvements to be
constructed and acquired with proceeds of the Bonds is hereby declared to be not less
than 20 years. The total cost of the Capital Improvements is estimated to be not less than
Three Million Two Hundred Thousand Dollars ($3,200,000).
11. Given the volatile nature of the bond market, special tax concerns relating
to the issuance of the Bonds as Recovery Zone Economic Development Bonds or Build
America Bonds, in order to enable the City to select and adjust terms for the Bonds and
allow more flexibility in accessing the municipal bond market to better assure compliance
with pricing restrictions applicable to Recovery Zone Economic Development Bonds and
Build America Bonds, and in order to achieve sale efficiencies so as to reduce the cost of
issuance and interest expense, it is determined in the best interests of the City to negotiate
the sale of the Bonds.
Based upon the advice of the Financial Consultant, the City hereby names Robert
W. Baird & Co. as managing underwriter for the Bonds. The City reserves the right to
name additional co-managers and/or to develop a selling group. The Authorized Officer
is authorized to negotiate a Bond Purchase Agreement with the Underwriter. By
adoption of this Resolution the City assumes no obligations or liability to the Underwriter
for any loss or damage that may result to the Underwriter from the adoption of this
Resolution, and all costs and expenses incurred by the Underwriter in preparing for sale
of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds are issued, except
as may be otherwise provided in the Bond Purchase Agreement to be signed by the City
at the time of sale of the Bonds.
The City hereby requests that Miller, Canfield, Paddock and Stone, P.L.C.
continue to serve as the City's bond counsel notwithstanding representation by Miller,
Canfield, in matters unrelated to the Bonds, of Robert W. Baird & Co. and potential
selling group members in connection with matters unrelated to issuance of the Bonds.
12. The Authorized Officer is authorized to apply for one or more ratings on
the Bonds as shall be recommended by the Financial Consultant. If the Financial
Consultant recommends that the City consider purchase of municipal bond insurance then
the Authorized Officer is hereby authorized and directed, on behalf of the City, to apply
for municipal bond insurance, to negotiate with insurers regarding acquisition of
municipal bond insurance, and, in consultation with the Financial Consultant, to select an
insurer and determine which Bonds, if any, shall be insured.
13. The Authorized Officer is authorized to approve circulation of a
preliminary official statement describing the Bonds and to deem such Preliminary
Official Statement "final" for purposes of compliance with Securities and Exchange
Commission Rule 15 c2-12.
14. The Authorized Officer is hereby authorized, on behalf of the City, subject
to the provisions and limitations of this Resolution, to negotiate sale of the Bonds to the
Underwriter, and to accept an offer by the Underwriter to purchase the Bonds without
further resolution of this Board. This authorization includes, but is not limited to,
issuance of the Bonds in one or more series on a tax exempt basis or on a taxable basis as
Recovery Zone Economic Development Bonds or Build America Bonds, determination
of original principal amount of each series of the Bonds; the prices at which the Bonds
are sold; underwriter's discount for the Bonds, the date of the Bonds; the schedule of
principal maturities and whether the Bonds shall mature serially or as term bonds; the
provisions for early redemption including mandatory redemption of tern bonds, if any;
and the interest rates and payment dates of the Bonds. The Authorized Officer is
authorized to sign the Bond Purchase Agreement on behalf of the City.
The maximum interest rate on the Bonds shall not exceed 8.00% per annum. The
true interest cost of the Bonds, after taking into account anticipated credit payments from
the United States Treasury for Recovery Zone Economic Development Bonds or Build
America Bonds, shall not exceed 5.00%. The date of the first maturity shall not be earlier
than 2011, and the Bonds shall mature in not to exceed 20 annual installments. The
underwriter's discount for the Bonds shall not be greater than 1.00% ($10.00 per $1,000
of bonds) of the principal amount of the Bonds.
In making such determinations the Authorized Officer is authorized to rely upon
data and computer runs provided by the Financial Consultant. Approval of the matters
delegated to the Authorized Officer under this Resolution may be evidenced by execution
of the Bond Purchase Agreement or the Official Statement by the Authorized Officer.
15. After sale of the Bonds, the Authorized Officer is authorized to prepare,
execute and deliver a final Official Statement describing the Bonds.
16. The City hereby agrees to enter into a Continuing Disclosure Undertaking
Agreement (the "Continuing Disclosure Undertaking Agreement") in order to enable the
Underwriter to comply with the requirements of Rule 15c2-12 promulgated by the
Securities and Exchange Commission. The Authorized Officer is authorized to execute
and deliver the Continuing Disclosure Undertaking Agreement on behalf of the City in
substantially the form which the Authorized Officer shall, in consultation with Bond
Counsel, detennine to be appropriate.
17. Internal Revenue Code requirements relating to Recovery Zone Economic
Development Bonds and Build America Bonds impose limitations on use of Bond
proceeds to pay costs of issuance. The officers, administrators, and agents of the City are
authorized and directed to use monies legally available to the City to pay costs of
issuance of the Bonds including but not limited to rating agency fees, costs of printing the
Bonds and the preliminary and final official statements, publication of notices, financial
consultant fees, transfer agent fees, bond counsel fees, and any other costs necessary to
accomplish sale and delivery of the Bonds.
18. In the event that neither of the Authorized Officers is available to
undertake responsibilities delegated to them under this Resolution, then an officer of the
City designated by one of the Authorized Officers is authorized to take such actions. The
officers, administrators, agents and attorneys of the City are authorized and directed to
take all other actions necessary and convenient to facilitate issuance and sale of the
Bonds and expenditure of Bond proceeds, and to execute and deliver all other
agreements, documents and certificates and to take all other actions necessary or
convenient to complete the issuance, sale, and delivery of the Bonds and expenditure of
Bond proceeds in accordance with this Resolution, including appropriation and transfer
of Bond proceeds as appropriate, and payment of costs necessary to accomplish sale and
delivery of the Bonds.
19. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly
adopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, State
of Michigan, at a Regular meeting held on December 6, 2010 at 7:00 p.m., prevailing
Eastern Time, and that said meeting was conducted and public notice of said meeting was
given pursuant to and in full compliance with the Open Meetings Act, being Act 267,
Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act 267.
I further certify that the following Members were present at said meeting:

and that the following Members


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

and that the following Members


voted against adoption of said resolution:

City Clerk

18,578,306.2\050796-00054
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

City of Lansing
Counties of Ingham and Eaton, State of Michigan

RESOLUTION AUTHORIZING ISSUANCE AND SALE OF


UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS

A RESOLUTION TO APPROVE:
• Net Present Value Savings through bonds to refund the 2001 Unlimited Tax
General Obligation Bonds;
• Continued levy of taxes for bond payments as authorized by voters on
August 4, 1998;
• Escrow Fund to provide for payment of bonds being refunded;
• Appointment of underwriter or authorization of private placement;
• City Officials to sell bonds without further Council action;
• Rating application, official statement, and continuing disclosure;
• Other matters necessary to sell and deliver the bonds.

WHEREAS, the City of Lansing (the "City") as previously issued its 2001
Unlimited Tax General Obligation Bonds dated as of May 1, 2001 (the "Prior Bonds") as
the second series of bonds authorized at an election held August 4, 1998 for the purposes
of acquiring, constructing, improving, renovating, furnishing, and equipping various new
and existing facilities for use by the City's Fire Department and acquiring and improving
the necessary sites therefor; and
WHEREAS, Stauder, Barch & Associates, Inc. (the "Financial Consultant"), has
advised the City that it may be able to accomplish a net savings of debt service costs by
refunding a portion of the outstanding Prior Bonds through the issuance of refunding
bonds; and
WHEREAS, Act 34 permits the City to issue refunding bonds for the purpose of
refunding all or part of the funded indebtedness of the City if the refunding would result
in net present value savings; and
WHEREAS, the City has received a proposal from Robert W. Baird & Co. to act
as managing underwriter for the Bonds at a negotiated sale, and a proposal from PNC
Bank to purchase the Bonds by private placement; and
WHEREAS, Act 34 permits the City to authorize, within limitations which shall
be contained in the authorization resolution of the governing body, an officer to sell and
deliver and receive payment for obligations, approve interest rates or methods for fixing
interest rates, prices, discounts, maturities, principal amounts, denominations, dates of
issuance, interest payment dates, redemption rights, the place of delivery and payment,
and other matters and procedures necessary to complete the transactions authorized; and
WHEREAS, the City Council wishes to authorize either the Finance Director or
the Budget Director (either, an "Authorized Officer") to sell and deliver and receive
payment for the proposed issue of bonds without the necessity of the City Council taking
further action prior to sale and delivery of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. If, upon the advice of the Financial Consultant, refunding all or a portion
of the Prior Bonds would accomplish a net savings of debt service costs in at least the
amount provided in this Resolution, then Bonds of the City designated as the 2010
UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS (the "Bonds")
shall be issued in the aggregate principal amount of not to exceed Two Million Six
Hundred Thousand ($2,600,000) for the purpose of refunding all or a portion of the Prior
Bonds including payment of legal, financial and other expenses incident thereto. If the
Bonds are sold or delivered after December 31, 2010 then the Authorized Officer may
change the word "2010" in the designated name of the Bonds to the year in which the
Bonds will be sold or delivered.
The Bonds shall consist of bonds in fully-registered form of the denomination of
$5,000, or integral multiples thereof not exceeding for each maturity the maximum
principal amount of that maturity, numbered as determined by the Transfer Agent (as
hereinafter defined), dated as of the date of delivery thereof or such other date as may be
determined by the Authorized Officer at the time of sale of the Bonds, and numbered as
determined by the Transfer Agent. The Bonds shall mature as serial bonds or term bonds
on the dates and in the amounts as shall be determined by the Authorized Officer at the
time of sale of the Bonds.
The Authorized Officer is hereby authorized to appoint a bond registrar, paying
agent and transfer agent (the "Transfer Agent") for the Bonds. The Authorized Officer is
hereby authorized to execute one or more agreements with the Transfer Agent on behalf
of the City. The City reserves the right to replace the Transfer Agent at any time,
provided written notice of such replacement is given to the registered owners of record of
the Bonds not less than sixty (60) days prior to an interest payment date.
The Bonds may be issued in book-entry only form through The Depository Trust
Company in New York, New York ("DTC") and the Authorized Officer is authorized to
execute such custodial or other agreement with DTC as may be necessary to accomplish
the issuance of the Bonds in book-entry only form, and to make such changes in the form
of the Bonds within the parameters of this Resolution as may be required to accomplish
the foregoing.
The Bonds shall bear interest at a rate or rates to be determined by the Authorized
Officer at the time of sale of the Bonds, payable on May 1, 2011 or such other initial
interest payment date as shall be determined at the time of sale of the Bonds, and
semi-annually thereafter on May 1st and November 1st of each year, by check or draft
drawn on the Transfer Agent mailed to the registered owner at the registered address, as
shown on the registration books of the City maintained by the Transfer Agent. Interest
shall be payable to the registered owner of record as of the fifteenth day of the month
prior to the payment date for each interest payment. The record date of detennination of
the registered owner for purposes of payment of interest as provided in this paragraph
may be changed by the City to conform to market practice in the future. The principal of
the Bonds shall be payable at the corporate trust office of the Transfer Agent upon
presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the
Bonds are held in book-entry form by DTC, payment shall be made in the manner
prescribed by DTC.
The Bonds may be subject to redemption prior to maturity at the times and prices
determined by the Authorized Officer at the time of sale. In the event that any of the
Refunding Bonds shall be issued as term bonds, the mandatory redemption requirements
for such term bonds shall be specified at the time of sale. Unless waived by any
registered owner of bonds to be redeemed, official notice of redemption shall be given by
the Transfer Agent on behalf of the City and shall conform to the requirements set forth
in the Bond. Such notice shall be dated and shall contain at a minimum the following
information: original issue date; maturity dates; interest rates; CUSIP numbers, if any;
certificate numbers (and in the case of partial redemption) the called amounts of each
certificate; the redemption date; the redemption price or premium; the place where bonds
called for redemption are to be surrendered for payment; and that interest on bonds or
portions thereof called for redemption shall cease to accrue from and after the redemption
date. In addition, further notice shall be given by the Transfer Agent in such manner as
may be required or suggested by regulations or market practice at the applicable time, but
no defect in such further notice nor any failure to give all or any portion of such further
notice shall in any manner defeat the effectiveness of a call for redemption if notice
thereof is given as prescribed herein.
The Transfer Agent shall keep the books of registration for this issue on behalf of
the City. Any Bond may be transferred upon such registration books by the registered
owner of record, in person or by the registered owner's duly authorized attorney, upon
surrender of the Bond for cancellation, accompanied by delivery of a duly executed
written instrument of transfer in a faun approved by the Transfer Agent. Whenever any
Bond or Bonds shall be surrendered for transfer, the City shall execute and the Transfer
Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal
amount. The Transfer Agent shall require the payment by the bondholder requesting the
transfer of any tax or other governmental charge required to be paid with respect to the
transfer.
2. The Bonds shall be executed in the name of the City with the manual or
facsimile signatures of the Mayor and the City Clerk, and the corporate seal of the City
shall be manually impressed or a facsimile thereof shall be printed on the Bonds. No
Bond authorized under this Resolution shall be valid until authenticated by an authorized
representative of the Transfer Agent. If Bonds are not issued in book-entry form then
executed blank bonds for registration and issuance to transferees may simultaneously,
and from time to time thereafter as necessary, be delivered to the Transfer Agent for
safekeeping. The Bonds shall be delivered to the Transfer Agent for authentication and
be delivered by the Transfer Agent to the purchaser or other person in accordance with
instructions from the Authorized Officer upon payment of the purchase price for the
Bonds in accordance with the bond purchase agreement for the Bonds.
3. The Bonds shall be in substantially the following form with such
revisions, additions and deletions as may be advisable or necessary to conform with the
final terms of the Bonds established upon sale thereof:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTIES OF INGHAM AND EATON

CITY OF LANSING
20 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BOND

Interest Rate Date of Maturity Date of Original Issue CUSIP

Registered Owner:
Principal Amount:

The CITY OF LANSING, Counties of Ingham and Eaton, State of Michigan (the
"City"), acknowledges itself to owe and for value received, hereby promises to pay to the
Registered Owner specified above, or registered assigns, the Principal Amount specified
above, in lawful money of the United States of America, on the Date of Maturity
specified above, with interest thereon (computed on the basis of a 360-day year
consisting of twelve 30-day months) from the Date of Original Issue specified above or
such later date to which interest has been paid, until paid, at the Interest Rate per annum
specified above, first payable on May 1, 2011 and semiannually thereafter. Principal of
this bond is payable upon presentation and surrender hereof at the designated corporate
trust office of , , Michigan, or such other
transfer agent as the City may hereafter designate by notice mailed to the registered
owner of record not less than sixty (60) days prior to any interest payment date (the
"Transfer Agent"). Interest on this bond is payable by check or draft mailed by the
Transfer Agent to the person or entity who or which is as of the fifteenth (15th) day of the
month prior to each interest payment date, the registered owner of record, at the
registered address. For prompt payment of this bond, both principal and interest, the full
faith, credit and resources of the City are hereby irrevocably pledged.
This bond is one of a series of bonds of even Date of Original Issue, aggregating
the principal sum of $ for the purpose of refunding bonds previously issued by
the City. This bond was issued under and in pursuance of the provisions of Act 34,
Public Acts of Michigan, 2001, as amended, and a resolution of the City Council adopted
on
This bond and the interest hereon are payable out of the City's Debt Retirement
Fund for this issue and in order to make such payment, the City is obligated each year to
levy sufficient taxes on all taxable property within the boundaries of the City, without
limitation as to either rate or amount
Bonds of this issue are not subject to redemption prior to maturity.
Any bond may be transferred by the person in whose name it is registered, in
person or by the Registered Owner's duly authorized attorney or legal representative,
upon surrender of the bond to the Transfer Agent for cancellation, together with a duly
executed written instrument of transfer in a form approved by the Transfer Agent.
Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and
deliver a new bond or bonds, in like aggregate principal amount, interest rate and
maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay
any tax or other governmental charge required to be paid with respect to the transfer.
It is hereby certified and recited that all acts, conditions and things required by
law to be done, exist and happen, precedent to and in the issuance of this bond and the
series of bonds of which this is one, in order to make them valid and binding obligations
of the City have been done, exist and have happened in regular and due form and time as
provided by law, and that the total indebtedness of the City, including this bond and the
series of bonds of which this is one, does not exceed any constitutional, statutory, or
charter debt limitation.
This bond is not valid or obligatory for any purpose until the Transfer Agent's
Certificate of Authentication on this bond has been executed by the Transfer Agent.
IN WITNESS WHEREOF, the City, by its City Council, has caused this bond to
be signed in the name of the City by [the facsimile signatures of] its Mayor and Clerk,
and a facsimile of its corporate seal to be [manually impressed/printed] hereon, all as of
the Date of Original Issue.
CITY OF LANSING

[manual or facsimile
By signature to appear here
(Seal) Mayor
Countersigned:

[manual or facsimile
By signature to appear here ]
City Clerk
CERTIFICATE OF AUTHENTICATION

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

Transfer Agent

By
Its Authorized Representative
Date of Authentication:

[INSERT STANDARD FORM OF ASSIGNMENT]


4. The Authorized Officer shall designate a bank or trust company to serve as
escrow trustee (the "Escrow Agent"). In order to secure payment of the Prior Bonds
being refunded, the City will enter into an Escrow Agreement (the "Escrow Agreement")
with the Escrow Agent which shall provide for the creation. of a fund designated as the
CITY OF LANSING - 20 UNLIMITED TAX GENERAL OBLIGATION
REFUNDING BONDS ESCROW FUND (the "Escrow Fund"). The Escrow Agreement
shall irrevocably direct the Escrow Agent to hold the Escrow Fund in trust for the
payment of the principal of and interest on the Prior Bonds being refunded, and to take all
necessary steps to call for redemption of any Prior Bonds specified by the Authorized
Officer upon sale of the Bonds, including publication and mailing of redemption notices,
on any date specified by the City on which the Prior Bonds may be called for redemption.
The Authorized Officer is hereby authorized to execute and deliver the Escrow
Agreement and to purchase, or cause to be purchased, escrow securities, including, but
not limited to, United States Treasury Obligations - State and Local Government Series
(SLGS), in an amount sufficient to fund the Escrow Fund.
The Authorized Officer is hereby authorized to transfer monies from the debt
retirement fund for the Prior Bonds to the Escrow Fund created under the Escrow
Agreement, to be invested as provided in the Escrow Agreement and to be used to pay
principal and interest on the Prior Bonds being refunded. The amount to be transferred
under this section shall be an amount which will enable the interest on the Bonds and the
Prior Bonds to be, or continue to be, excluded from gross income for federal income tax
purposes as detemiined by bond counsel.
5. The City Treasurer is authorized and directed to open a separate
depository or trust account with a bank or trust company to be designated as the CITY
OF LANSING - 20_ UNLIMITED TAX GENERAL OBLIGATION REFUNDING
BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"). All proceeds from
taxes levied for the Debt Retirement Fund shall be deposited into the Debt Retirement
Fund as collected. There shall be levied upon the tax rolls of the City for the purpose of
the Debt Retirement Fund each year, in the manner required by the provisions of Act 34,
Public Acts of Michigan, 2001, as amended, an amount sufficient so that the estimated
collection therefrom will be sufficient to promptly pay, when due, the principal of and
interest on the Bonds becoming due prior to the next annual tax levy; provided, however,
that if at the time of making any such annual tax levy there shall be other funds available
or surplus moneys on hand in the Debt Retirement Fund for the payment of principal of.
and interest on the Bonds, then credit therefor may be taken against such annual levy for
the Debt Retirement Fund. The moneys to be deposited into the Debt Retirement Fund
will be specifically earmarked and used solely for the purpose of paying principal of and
interest on the Bonds. Accrued interest and premium received upon delivery of the
Bonds shall also be deposited in the Debt Retirement Fund as provided below.
In the event cash, or direct obligations of the United States, or obligations the
principal of and interest on which are guaranteed by the United States, or a combination
thereof, the principal of and interest on which, without reinvestment, come due at times
and in amounts sufficient to pay at maturity or irrevocable call for earlier redemption, the
principal of, premium, if any, and interest on the Bonds, shall be deposited in trust, this
resolution shall be defeased and the owners of the Bonds shall have no further rights
under this resolution except to receive payment of the principal of, premium, if any, and
interest of the Bonds from the cash or securities deposited in trust and the interest and
gains thereon and to transfer and exchange Bonds as provided herein.
The Debt Retirement Fund may be pooled or combined with other debt retirement
funds for issues of bonds of like character as provided by Act 34, Public Acts of
Michigan, 2001, as amended, or other state law.
6. Upon receipt of the proceeds of sale of the Bonds, the accrued interest and
premium, if any, shall be deposited in the Debt Retirement Fund and used to pay interest
on the Bonds on the first interest payment date, provided, however, that at the discretion
of the Authorized Officer, all or a portion of any premium received upon delivery of the
Bonds may be deposited in the Escrow Fund.
There shall be deposited to the Escrow Fund from Bond proceeds monies which
shall be invested only as described in the Escrow Agreement and which shall be used by
the Escrow Agent solely to pay the principal of and interest on the Prior Bonds being
refunded. The amount in the Escrow Fund and the investment proceeds to be received
thereon will be sufficient, without reinvestment, to pay the principal of and interest on the
Prior Bonds being refunded as they become due pursuant to maturity or the call for
redemption.
The remaining proceeds of the Bonds shall be used to pay the costs of issuance of
the Bonds. At the option of the Authorized Officer, the costs of the issuance may be paid
from a fund established for that purpose in the Escrow Agreement. Any monies
remaining after payment of costs of issuance and costs of refunding the Prior Bonds shall
be transferred to the Debt Retirement Fund.
7. The City shall not invest, reinvest or accumulate any moneys deemed to
be proceeds of the Bonds or the Prior Bonds pursuant to the Internal Revenue Code of
1986, as amended in such a manner as to cause the Bonds to be "arbitrage bonds" within
the meaning of the Internal Revenue Code. The City hereby covenants that, to the extent
permitted by law, it will take all actions within its control and that it shall not fail to take
any action as may be necessary to maintain the exemption of interest on the Bonds from
gross income for federal income tax purposes, including but not limited to, actions
relating to the rebate of arbitrage earnings, if applicable, and the expenditure and
investment of bond proceeds and moneys deemed to be bond proceeds, all as more fully
set forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by the City
on the date of delivery of the Bonds.
8. The Authorized Officer may designate the Bonds as "qualified tax exempt
obligations" for purposes of deduction of interest expense by financial institutions
pursuant to the Internal Revenue Code if he or she expects the Bonds to qualify based on
the aggregate amount of bonds to be issued by the City within the calendar year. Any
such designation shall be evidenced by execution of the Non-Arbitrage and Tax
Compliance Certificate or other certificate to be signed by the Authorized Officer for the
Bonds.
9. The City requests Stauder, Barch and Associates to continue as Financial
Consultant to the City to assist in preparation and planning for the sale of the Bonds.
10. The City Council hereby determines to sell the Bonds at a negotiated sale
instead of a competitive sale for the reason that a negotiated sale will permit the City to
enter the market on short notice at a point in time which appears to be most advantageous
or sell the Bonds by private placement, and thereby possibly obtain a lower rate of
interest on the Bonds and the most favorable price for purchase of securities to be
escrowed for payment of the Prior Bonds to be refunded.
11. Based upon the advice of the Financial Consultant, the City hereby names
Robert W. Baird & Co. (the "Underwriter") as managing underwriter for the Bonds. The
City reserves the right to name additional co-managers and/or to develop a selling group.
The Authorized Officer is authorized to negotiate a bond purchase agreement with the
Underwriter. By adoption of this Resolution the City assumes no obligations or liability
to the Underwriter for any loss or damage that may result to the Underwriter from the
adoption of this Resolution, and all costs and expenses incurred by the Underwriter in
preparing for sale of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds
are issued, except as may be otherwise provided in the bond purchase agreement to be
signed by the City at the time of sale of the Bonds.
In the alternative, based upon the advice of the Financial Consultant the
Authorized Officer is authorized to negotiate the sale of the Bonds on a private placement
basis to PNC Bank, National Association, and, if necessary or advisable, to retain PNC
Capital Markets as placement agent.
12. The City hereby requests that Miller, Canfield, Paddock and Stone, P.L.C.
continue to serve as the City's bond counsel notwithstanding representation by Miller,
Canfield, in matters unrelated to the Bonds, of Robert W. Baird & Co., potential selling
group members, or PNC Bank in connection with matters unrelated to issuance of the
Bonds.
13. The Authorized Officer is authorized to apply for one or more ratings on
the Bonds as shall be recommended by the Financial Consultant. If the Financial
Consultant recommends that the City consider purchase of municipal bond insurance,
then the Authorized Officer is hereby authorized and directed, on behalf of the City, to
apply for municipal bond insurance, to negotiate with insurers regarding acquisition of
municipal bond insurance, and, in consultation with the Financial Consultant, to select an
insurer and determine which Bonds, if any, shall be insured.
14. The Authorized Officer is authorized to approve circulation of a
Preliminary Official Statement describing the Bonds and to deem such Preliminary
Official Statement "final" for purposes of compliance with Securities and Exchange
Commission Rule 15c2-12.
15. The Authorized Officer is hereby authorized, on behalf of the City, subject
to the provisions and limitations of this resolution, to negotiate sale of the Bonds and to
accept an offer to purchase the Bonds without further resolution of this City Council.
This authorization includes, but is not limited to, determination of original principal
amount of the Bonds; the prices at which the Bonds are sold; the date of the Bonds; the
schedule of principal maturities and whether the Bonds shall mature serially or as term
bonds; the provisions for early redemption including mandatory redemption of telin
bonds, if any; and the interest rates and payment dates of the Bonds. The Authorized
Officer is authorized to sign a bond purchase agreement on behalf of the City.
The Bonds shall not be sold unless the issuance of the Bonds and the refunding of
Prior Bonds produce net present value savings to the City of at least 2.00% after payment
of costs of issuance. The true interest cost of the Refunding Bonds shall not exceed
4.00%. The first maturity of principal on the Bonds shall occur no earlier than 2011, and
the date of the final maturity shall not be later than 2019. The underwriter's discount or
placement/purchaser's fee for the Bonds shall not be greater than 1.00% ($10.00 per
$1,000 of bonds) of the principal amount of the Bonds. In making such determinations
the Authorized Officer is authorized to rely upon data and computer runs provided by the
Financial Consultant. Approval of the matters delegated to the Authorized Officer under
this resolution may be evidenced by execution of the bond purchase agreement or the
Official Statement by the Authorized Officer.
16. After sale of the Bonds, the Authorized Officer is authorized to prepare,
execute and deliver a final Official Statement describing the Bonds.
17. The City hereby agrees to enter into a Continuing Disclosure Undertaking
Agreement (the "Continuing Disclosure Undertaking Agreement") in order to enable the
Underwriter to comply with the requirements of Rule 15c2-12 promulgated by the
Securities and Exchange Commission. The Authorized Officer is authorized to execute
and deliver the Continuing Disclosure Undertaking Agreement on behalf of the City in
substantially the form which the Authorized Officer shall, in consultation with Bond
Counsel, deteirnine to be appropriate.
18. The Authorized Officer is hereby directed to select an independent
certified public accountant to serve as verification agent to verify that the securities and
cash to be deposited to the Escrow Fund will be sufficient to provide, at the times and in
the amounts required, sufficient moneys to pay the principal of and interest on the Prior
Bonds being refunded as they become due.
19. In the event that neither of the Authorized Officers is available to
undertake responsibilities delegated to them under this Resolution, then an officer of the
City designated by one of the Authorized Officers is authorized to take such actions. The
officers, administrators, agents and attorneys of the City are authorized and directed to
take all other actions necessary and convenient to facilitate issuance and sale of the
Bonds and expenditure of Bond proceeds, and to execute and deliver all other
agreements, documents and certificates and to take all other actions necessary or
convenient to complete the issuance, sale, and delivery of the Bonds and expenditure of
Bond proceeds in accordance with this Resolution, including appropriation and transfer
of Bond proceeds as appropriate, and payment of costs necessary to accomplish sale and
delivery of the Bonds including but not limited to rating agency fees, costs of printing the
Bonds and the preliminary and final official statements, publication of notices, financial
consultant fees, transfer agent fees, bond counsel fees, placement agent fees, and any
other costs necessary to accomplish sale and delivery of the Bonds.
20. All resolutions and parts of resolutions insofar as they conflict with the
provisions of this resolution are hereby rescinded.
I hereby certify that the foregoing is a true and complete copy of a resolution duly
adopted by the City Council of the City of Lansing, Counties of Ingham and Eaton, State
of Michigan, at a Regular meeting held on December 6, 2010 at 7:00 p.m., prevailing
Eastern Time, and that said meeting was conducted and public notice of said meeting was
given pursuant to and in full compliance with the Open Meetings Act, being Act 267,
Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will
be or have been made available as required by said Act 267.

I further certify that the following Members were present at said meeting:

and that the following Members


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

and that the following Members voted


against adoption of said resolution:

City Clerk

18,578,346.3\050796-00054
City of Lansing
Counties of Ingham and Eaton, State of Michigan

ORDINANCE NO.

AN ORDINANCE ENACTED UNDER THE PROVISIONS OF ACT 94,


PUBLIC ACTS OF MICHIGAN, 1933, AS AMENDED, AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF REVENUE BONDS FOR THE
PURPOSE OF REFUNDING A PART OF THE OUTSTANDING SEWAGE
DISPOSAL SYSTEM REVENUE BONDS, AND TO PAY CERTAIN COSTS
RELATING THERETO; PROVIDING THAT THE REFUNDING BONDS SHALL
BE OF EQUAL STANDING AND PRIORITY OF LIEN WITH OUTSTANDING
SEWAGE DISPOSAL SYSTEM REVENUE BONDS OF THE CITY ISSUED
UNDER THE PROVISIONS OF ACT 94, AND ORDINANCES No. 29-A, 31-A,
35-A, 838, 873, 993 AND No. 0544 OF THE CITY; PROVIDING FOR THE
RETIREMENT AND SECURITY OF THE REFUNDING BONDS HEREIN
AUTHORIZED, AND PROVIDING FOR OTHER MATTERS RELATIVE
THERETO.
WHEREAS, the City of Lansing, Counties of Ingham and Eaton, State of
Michigan (the "City") by Ordinance No. 29-A, as amended and supplemented by
Ordinances No. 31-A, 35-A, 838, 873, 993 and No. 0544 (the "Outstanding Bond
Ordinances"), has provided for the issuance of the City's Sewage Disposal
System Revenue Bonds; and
WHEREAS, the City has heretofore issued and sold Sewage Disposal
System Revenue and Revenue Refunding Bonds, Series 1998, dated as of
September 15, 1998 (the "1998 Bonds") in the original aggregate principal sum of
$26,415,000 under the provisions of the Outstanding Bond Ordinances, for the
purposes of financing acquisition and construction of certain improvements and
extensions to the existing sanitary Sewage Disposal System of the City (the
"System") and to refund certain Sewage Disposal System Revenue Bonds which
were outstanding at that time; and
WHEREAS, Stauder, Barch & Associates, Inc. (the "Financial
Consultant"), has advised the City that it may be able to accomplish a net
savings of debt service costs by refunding all or a portion of the outstanding 1998
Bonds through the issuance of revenue refunding bonds in an aggregate
principal amount of not to exceed $3,750,000 (the "Refunding Bonds"); and
WHEREAS, Section 19 of Ordinance No. 29-A authorizes the issuance of
revenue bonds of equal standing and priority of lien with the outstanding bonds
authorized by the Outstanding Bond Ordinances as follows:
(b) For refunding a part of the outstanding Bonds and
paying costs of issuing such Additional Bonds including deposits
which may be required to be made to the Bond Reserve Account.
No Additional Bonds shall be issued pursuant to this subsection
unless the maximum amount of principal and interest maturing in
any operating year after giving effect to the refunding shall be less
than the maximum amount of principal and interest maturing in any
operating year prior to giving effect to the refunding.
AND WHEREAS, the City will issue the proposed Refunding Bonds only if
the maximum amount of principal and interest of the Refunding Bonds maturing
in each operating year will be less than the maximum amount of principal and
interest of the 1998 Bonds being refunded (the "Refunded Bonds") maturing in
such operating year, and thereby permit the City to meet the requirements of
Section 19 of Ordinance No. 29-A therefor; and
WHEREAS, all things necessary to the authorization and issuance of the
Refunding Bonds under the Constitution and laws of the State of Michigan, and
the Charter and Ordinances of the City and particularly Act 94, Public Acts of
Michigan, 1933, as amended, and the Outstanding Bond Ordinances have been
done or will be done, and the Council is now empowered and desires to
authorize the issuance of the Refunding Bonds.
NOW, THEREFORE, THE CITY OF LANSING ORDAINS:
Section 1. Definitions. All terms not defined herein shall have the
meanings set forth in the Outstanding Bond Ordinances and whenever used in
this Ordinance, except when otherwise indicated by the context, the following
terms shall have the following meanings:
(a) "1998 Bonds" means the outstanding Sewage Disposal System
Revenue and Revenue Refunding Bonds, Series 1998, dated September
30, 1998.
(b) "Authorized Officer" means either the Finance Director or the
Budget Director.
(c) "Escrow Agreement" means the Escrow Agreement described in
Section 6 of this Ordinance to provide for payment of principal of and
interest on the 1998 Bonds to be refunded.
(d) "Escrow Fund" means the Escrow Fund established pursuant to
the Escrow Agreement to hold the cash and investments necessary
provide for payment of principal of and interest on the 1998 Bonds to be
refunded.
(e) "Outstanding Bonds" means the outstanding 1998` Bonds and
the outstanding Sewage Disposal System Revenue and Revenue
Refunding Bonds, Series 2003, dated December 18, 2003.
(f) "Outstanding Bond Ordinances" means Ordinance No. 29-A as
supplemented by Ordinance No. 30-A, Ordinance No. 31-A, Ordinance
No. 35-A, Ordinance No. 838, Ordinance No. 873, Ordinance No. 993 and
Ordinance No. 0544.
(g) "Refunded Bonds" means the maturities of the 1998 Bonds or
portions thereof refunded with proceeds of the Refunding Bonds.
(h) "Refunding Bonds" means the sewage disposal system revenue
refunding bonds authorized by Section 3 of this Ordinance for the purpose
of refunding all or a portion of the 1998 Bonds.
Section 2. Conditions Permitting Issuance of Additional Bonds;
Necessity. Pursuant to Section 19 of Ordinance No. 29-A, the City Council
hereby determines that Refunding Bonds shall be issued and sold only if the
maximum amount of principal and interest of the Refunding Bonds maturing in
each operating year will be less than the maximum amount of principal and
interest of the Refunded Bonds maturing in such operating year. If sale of the
Refunding Bonds will accomplish savings in the amount provided in Section 15 of
this Ordinance after payment of costs of issuance of the Refunding Bonds, then it
is hereby determined to be necessary for the public health and welfare of the City
to refund all or a portion of the 1998 Bonds through issuance of the Refunding
Bonds.
The City Council hereby determines that the maturities of the 1998 Bonds
which remain outstanding were entirely allocated to financing acquisition and
construction of improvements and extensions to the System and were not
allocated to refunding prior bonds.
Section 3. Refunding of 1998 Bonds; Refunding Bonds Authorized. To
pay costs of refunding all or any portion of the 1998 Bonds, including the
payment of the costs ,of legal, financial, bond insurance, underwriter's discount
and other expenses incident thereto and incident to the issuance and sale of the
Refunding Bonds, the City shall borrow the sum of not to exceed Three Million
Seven Hundred Fifty Thousand Dollars ($3,750,000) as finally determined upon
the sale thereof, and issue the Refunding Bonds therefor pursuant to the
provisions of Act 94, said Refunding Bonds to have equal standing and priority of
lien with any Outstanding Bonds which are not refunded pursuant to this
Ordinance.
Section 4. Refunding Bond Data. The Refunding Bonds shall be
designated SEWAGE DISPOSAL SYSTEM REVENUE REFUNDING BONDS,
SERIES 2010 and shall not be a general obligation of the City but shall be
payable solely out of the Net Revenues. If the Refunding Bonds are sold or
delivered after December 31, 2010 then the Authorized Officer may change the
word "2010" in the designated name of the Refunding Bonds to the year in which
they will be sold or delivered. The Refunding Bonds shall be issued in fully-
registered form in the denomination of $5,000 or integral multiples thereof, not
exceeding the amount of bonds maturing on the same date such bond matures,
and shall be numbered in consecutive order of authentication from 1 upwards.
The Refunding Bonds shall be dated as of the date of delivery thereof or such
other date as may be determined at the time of sale of the Refunding Bonds, and
shall mature serially or as term bonds on May 1st in the years to be determined
by the Authorized Officer at the time of sale.
The Refunding Bonds shall bear interest at a rate or rates to be
determined at the time of sale, but in any event not exceeding the interest rate
shown in Section 15, payable initially on such date as approved at the time of
sale, and semi-annually thereafter on May 1st and November 1st of each year,
by check drawn on the transfer agent and mailed to the registered owner at the
registered address, as shown on the registration books of the City maintained by
the transfer agent. Interest shall be payable to the registered owner of record as
of the fifteenth day of the month prior to the payment date for each interest
payment. The date of determination of registered owner for purposes of payment
of interest as provided in this paragraph may be changed by the City to conform
to market practice in the future. The principal of the Refunding Bonds shall be
payable at a bank or trust company to be designated by the Authorized Officer as
a registrar and transfer agent.
The Refunding Bonds may be subject to redemption prior to maturity at
the times and prices determined by the Authorized Officer at the time of sale. In
the event that any of the Refunding Bonds shall be issued as term bonds, the
mandatory redemption requirements for such term bonds shall be specified at the
time of sale.
The Refunding Bonds shall be signed by the manual or facsimile signature
of the Mayor and countersigned by the manual or facsimile signature of the City
Clerk. The Refunding Bonds shall have the facsimile corporate seal of the City
printed or impressed thereon. No Refunding Bond shall be valid until
authenticated by an authorized officer of the transfer agent. The Refunding
Bonds shall be delivered to the transfer agent for authentication and be delivered
by the transfer agent to the purchaser in accordance with instructions from the
Authorized Officer upon payment of the purchase price therefor in accordance
with the bid therefor when accepted. Executed blank bonds for registration and
issuance to transferees shall simultaneously, and from time to time thereafter as
necessary, be delivered to the transfer agent for safekeeping.
The Refunding Bonds may be issued in book-entry-only form through The
Depository Trust Company in New York, New York ("DTC"), and the Authorized
Officer is authorized to execute such custodial or other agreement with DTC as
may be necessary to accomplish the issuance of the Refunding Bonds in book-
entry-only form and to make such changes in the bond form within the
parameters of this Ordinance as may be required to accomplish the foregoing.
Notwithstanding the foregoing, if the Refunding Bonds are held in book-entry
form by DTC, payment of principal of and interest on the Refunding Bonds shall
be made in the manner prescribed by DTC.
Any Refunding Bond may be transferred upon the books of the City
maintained by the transfer agent by the person in whose name it is registered, in
person or by his duly authorized attorney, upon surrender of the bond for
cancellation, accompanied by delivery of a duly executed written instrument of
transfer in a form approved by the transfer agent. Whenever any Refunding
Bond or Bonds shall be surrendered for transfer, the transfer agent shall
authenticate and deliver a new Refunding Bond or Bonds, for like aggregate
principal amount. The transfer agent shall require the payment by the
bondholder requesting the transfer of any tax or other governmental charge
required to be paid with respect to the transfer. Notwithstanding the foregoing, if
Refunding Bonds are held by DTC in book-entry form, the transfer of Refunding
Bonds shall be made in the manner prescribed by DTC.
Upon payment by the City of all outstanding principal of and interest on
the Refunding Bonds, the registered owner thereof shall deliver the Refunding
Bonds to the City for cancellation.
Section 5. Applicability of the Outstanding Bond Ordinances. Except to
the extent supplemented or otherwise provided in this Ordinance, all of the
provisions and covenants provided in the Outstanding Bond Ordinances shall
apply to the Refunding Bonds issued pursuant to provisions of this Ordinance,
such provisions of said Ordinances being made applicable to the Refunding
Bonds herein authorized, the same as though said Refunding Bonds were
originally authorized and issued as a part of the Outstanding Bonds issued
pursuant to the Outstanding Bond Ordinances.
Section 6. Refunding Bond Proceeds. From the proceeds of sale of the
Refunding Bonds there first shall be immediately deposited in the Redemption
Fund any portion of any premium received by the City from the purchaser of the
Refunding Bonds as determined by the Authorized Officer, and an amount equal
to the accrued interest, if any, received on delivery of the Refunding Bonds, and
the City may take credit for the amount so deposited against the amount required
to be deposited in the Redemption Fund for payment of the next maturing
interest on the Refunding Bonds.
There shall next be deposited in the Bond Reserve Account an amount, if
any, designated by the Authorized Officer at the time of sale of the Refunding
Bonds as necessary to meet the requirements of the Outstanding Bond
Ordinances.
There shall next be deposited in the Escrow Fund, from the par amount of
the Refunding Bonds or from any portion of any premium received by the City
from the purchaser of the Refunding Bonds as determined by the Authorized
Officer, cash and investments in direct obligations of or obligations the principal
of and interest on which are unconditionally guaranteed by the United States of
America, not redeemable at the option of the issuer and an amount sufficient to
pay principal and interest on the Refunded Bonds. The Escrow Fund shall be
held by an escrow agent in trust pursuant to the Escrow Agreement which shall
irrevocably direct said escrow agent to take all necessary steps to pay the
principal of and interest on the Refunded Bonds when due and to call such
Bonds for redemption as specified in the Escrow Agreement. The cash and
investments and income received thereon held in the Escrow Fund will be
sufficient without reinvestment to pay the principal and interest on the Refunded
Bonds when due at maturity or call for redemption as required by this section.
The Authorized Officer is hereby authorized to transfer monies from the
Redemption Fund to the Escrow Fund created under the Escrow Agreement, to
be invested as provided in the Escrow Agreement and to be used to pay principal
and interest on the Refunded Bonds. The amount to be transferred under this
section shall be an amount which will enable the interest on the Refunding Bonds
and the 1998 Bonds to be, or continue to be, excluded from gross income for
federal income tax purposes as determined by bond counsel. The Authorized
Officer is hereby authorized to purchase, or cause to be purchased, escrow
securities, including, but not limited to, United States Treasury Obligations -
State and Local Government Series (SLGS), in an amount sufficient to fund the
Escrow Fund.
The remaining proceeds of the Refunding Bonds shall be used to pay the
costs of issuance attributable to the Refunding Bonds. At the option of the
Authorized Officer the costs of the issuance of the Refunding Bonds may be paid
from a fund established for that purpose in the Escrow Agreement.
The Authorized Officer shall designate a bank or trust company to serve
as escrow agent under the Escrow Agreement. The Authorized Officer is hereby
authorized to approve, execute and deliver the Escrow Agreement.
Section 7. Refunding Bond Form. The Refunding Bonds shall be in
substantially the following form with such revisions, additions and deletions as
may be advisable or necessary to conform with the final terms of the Refunding
Bonds established upon sale thereof:
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTIES OF INGHAM AND EATON
CITY OF LANSING
SEWAGE DISPOSAL SYSTEM
REVENUE REFUNDING BONDS, SERIES 20_

CUSIP
Interest Rate Date of Maturity Date of Oriqinal Issue,

Registered Owner:
Principal Amount:

The CITY OF LANSING, Counties of Ingham and Eaton, State of Michigan


(the "City"), acknowledges itself to owe and for value received, hereby promises
to pay, solely and only out of the hereinafter described Net Revenues of the
Sewage Disposal System of the City (the "System") to the Registered Owner
specified above, or registered assigns, the Principal Amount specified above, in
lawful money of the United States of America, on the Date of Maturity specified
above, with interest thereon (computed on the basis of a 360-day year consisting
of twelve 30-day months) from the Date of. Original Issue specified above or such
later date to which interest has been paid, until paid, at the Interest Rate per
annum specified above, first payable on 1, 20 and semiannually
thereafter. Principal of this bond is payable upon presentation and surrender
hereof at the designated corporate trust office of
, Michigan, or such other transfer
agent as the City may hereafter designate by notice mailed to the registered
owner of record not less than sixty (60) days prior to any interest payment date
(the "Transfer Agent"). Interest on this bond is payable to the registered owner of
record as of the fifteenth (15th) day of the month preceding the interest payment
date as shown on the registration books of the City kept by the Transfer Agent by
check or draft mailed by the Transfer Agent to the registered owner of record at
the registered address. For the prompt payment thereof, the revenues of the
System, including all appurtenances, extensions and improvements thereto, after
provision has been made for reasonable and necessary expenses of operation,
maintenance and administration, are irrevocably pledged and a statutory first lien
thereon is hereby created. This bond and the series of which it is one are of
equal standing and priority of lien as the net revenues of the System with [the
City's outstanding Sewage Disposal System Revenue and Revenue Refunding
Bonds, Series 1998, dated September 30, 1998, and] Sewage Disposal System
Revenue and Revenue Refunding Bonds, Series 2003, dated December 18,
2003
This bond is one of a series of bonds aggregating the principal sum of
$ , issued pursuant to Ordinance No. 29-A, as amended and
supplemented by Ordinances No. 30-A, 31-A, 35-A, 838, 873, 993 and No. 0544,
and Ordinance No. duly adopted by the City Council of the City, and under
and in full compliance with the Constitution and statutes of the State of Michigan,
including specifically Act 94, Public Acts of Michigan, 1933, as amended, for the
purpose of refunding certain outstanding sewage disposal system revenue bonds
of the City.
For a complete statement of the revenues from which and the conditions
under which this bond is payable, a statement of the conditions under which
additional bonds of equal standing as to the Net Revenues of the System may
hereafter be issued and the general covenants and provisions pursuant to which
this bond is issued, reference is made to the above-described Ordinances.
Copies of the Ordinances are on file at the office of the City Clerk and reference
is made to the Ordinances and any and all supplements thereto and
modifications and amendments thereof, if any, and to Act 94 for a more complete
description of the pledges and covenants securing the bonds, the nature, extent
and manner of enforcement of such pledges, the rights and remedies of the
registered owners of the bonds with respect thereto and the terms and conditions
upon which the bonds are issued and may be issued thereunder. To the extent
and in the manner permitted by the terms of the Ordinances, the provisions of the
Ordinances or any resolution or agreement amendatory thereof or supplemental
thereto, may be modified or amended by the City, except in specified cases, only
with the written consent of the registered owners of at least fifty-one percent
(51 %) of the principal amount of the bonds then outstanding.
Bonds of this issue are not subject to redemption prior to maturity.
This bond is transferable only by the registered owner of record in person,
or by the registered owner's attorney duly authorized in writing, upon the
registration books of the City kept by the Transfer Agent. Upon the surrender of
this bond together with a written instrument of transfer satisfactory to the Transfer
Agent duly executed by the registered owner or the registered owner's attorney
duly authorized in writing, a new registered bond or bonds in the same aggregate
principal amount and of the same maturity shall be issued to the transferee in
exchange therefor as provided in the Ordinances authorizing this bond and upon
the payment of the charges, if any, therein prescribed.
THIS BOND IS A SELF-LIQUIDATING BOND AND IS NOT A GENERAL
OBLIGATION OF THE CITY AND DOES NOT CONSTITUTE AN
INDEBTEDNESS OF THE CITY WITHIN ANY CONSTITUTIONAL,
STATUTORY OR CHARTER LIMITATION, AND IS PAYABLE BOTH AS TO
PRINCIPAL AND INTEREST, SOLELY FROM THE NET REVENUES OF THE
SYSTEM AND CERTAIN FUNDS AND ACCOUNTS ESTABLISHED UNDER
THE ORDINANCES. THE PRINCIPAL AND INTEREST ON THIS BOND ARE
SECURED BY THE STATUTORY FIRST LIEN HEREINBEFORE DESCRIBED.
The City has covenanted and agreed to fix and maintain at all times while
any of such bonds shall be outstanding, such rates for service furnished by the
System as shall be sufficient to provide for payment of the interest upon and the
principal of all bonds payable from the Net Revenues of the System as and when
the same become due and payable, and to maintain a bond and interest
redemption fund (including a bond reserve 'account) therefor, to provide for the
payment of expenses of administration and operation and such expenses for
maintenance of the System as are necessary to preserve the same in good
repair and working order, and to provide for such other expenditures and funds
for the System as are required by said Ordinances.
It is hereby certified and recited that all acts, conditions and things
required by law to be done precedent to and in the issuance of this bond and the
series of bonds of which this is one have been done and performed in regular
and due time and form as required by law.
This bond is not valid or obligatory for any purpose until the Transfer
Agent's Certificate of Authentication on this bond has been executed by the
Transfer Agent
IN WITNESS WHEREOF, the City, by its City Council, has caused this
bond to be signed in the name of the City by [the facsimile signatures of] its
Mayor and Clerk, and a facsimile of its corporate seal shall be [manually
impressed/printed] hereon, all as of the Date of Original Issue.
CITY OF LANSING

[manual or facsimile
By signature to appear here 1
Mayor
(Seal)
Countersigned:

[manual or facsimile
By signature to appear here 1
City Clerk
Date of Registration:
CERTIFICATE OF AUTHENTICATION
This bond is one of the bonds described
in the within-mentioned ordinance.

Transfer Agent

By
Authorized Signature

[INSERT STANDARD FORM OF ASSIGNMENT]


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

Signed:

President of the City


Council

Signed:

City Clerk
I hereby certify that the foregoing is a true and complete copy of an
Ordinance adopted by the City Council of the City of Lansing, Counties of
Ingham and Eaton, State of Michigan, at a Regular meeting held on December 6,
2010 at 7:00 p.m., prevailing Eastern Time, and that said meeting was conducted
and public notice of said meeting was given pursuant to and in full compliance
with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and
that the minutes of said meeting were kept and will be or have been made
available as required by said Act 267.
I further certify that the following City Council members were present at
said meeting:

and that the following City Council


members were absent:

I further certify that City Council member moved


adoption of said Ordinance, and that said motion was supported by City Council
member
I further certify that the following City Council members voted for adoption
of said Ordinance

and that the following City


Council members voted . against adoption of said Ordinance

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

City Clerk

18,582,647.3\050796-00054
BY THE COMMITTEE OF THE WHOLE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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

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

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

WHEREAS, the Committee of the Whole has reviewed the City Clerk's
recommendations and concurs with the list of recommended meeting dates for 2011;
and

WHEREAS, an additional meeting is needed for 2010;

NOW, THEREFORE, BE IT RESOLVED the Lansing City Council, hereby, approves the
recommendations of City Clerk Chris Swope for Lansing City Council meeting dates for
2011 as follows:

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

Except as otherwise noted, all meetings will be on a Monday at 7:00 p.m. in the
Lansing City Council Chambers, 10th Floor City Hall.
BE IT FURTHER RESOLVED that the Lansing City Council, hereby, schedules an
additional Lansing City Council meeting for Monday, December 20, 2010 at 1:30 p.m.

BE IT FURTHER RESOLVED that the Lansing City Council, hereby, rescinds


Resolution 2010-374.

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


Monday, January 3 at 6:00 p.m.
INTRODUCTION OF ORDINANCE
ADD SECTION 1220.22

Council Member Jeffries, Chair of the Committee on Development and Planning


introduced:

An Ordinance of the City of Lansing, Michigan, 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

The Ordinance is referred to the Committee on Development and Planning

RESOLUTION SETTING PUBLIC HEARING


By Council Member Jeffries

RESOLVED BY THE CITY COUNCIL, CITY OF LANSING, that a public hearing be set
for Monday, January 10, 2011 at 7:00 p.m. in the City Council Chambers, 10th Floor
Lansing City Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering an
Ordinance of the City of Lansing, Michigan, to 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.

Interested Persons are invited to attend this Public Hearing


DRAFT
Chapter 1220, Sec 22 12/9/2010

1 ORDINANCE NO. 1220.22

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

Page 1 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


DRA FT
Chapter 1220, Sec 22 12/9/2010

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

20 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

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

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

25 53'28"W, 369.49 FEET ALONG THE NORTH LINE OF SAID LONGYEAR'S

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

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

28 20) TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED

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

30 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

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

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

36 30'42"W, 502.98 FEET TO THE POINT OF BEGINNING,

Page 2 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


DRAFT
Chapter 1220, Sec 22 12/9/2010

37

38 IS HEREBY ESTABLISHED AS A LANSING HISTORIC DISTRICT IN

39 ACCORDANCE WITH THIS CHAPTER.

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

41 are hereby repealed.

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

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

44 other than the part so declared to be invalid.

45 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

47 Hall, 124 W. Michigan Avenue, Lansing, MI 48933.

48 Section 5. This ordinance shall take effect upon the expiration of seven (7) days from

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

Page 3 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


INTRODUCTION OF ORDINANCE

Council Member Jeffries, Chair of the Committee on Development and Planning


introduced:

An ordinance of the City of Lansing, Michigan, providing for the rezoning of a


parcel of real property located in the City of Lansing, Michigan, and for the
revision of the district maps adopted by Section 1246.02 of the Code of
Ordinances.

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 & PLANNING


RESOLVED 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 for
Monday, January 10, 2011, at 7 p.m. in City Council Chambers, Tenth Floor, Lansing
City Hall, 124 West Michigan Avenue, Lansing, Michigan, for the purpose of approving
and/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 THE


REZONING OF A PARCEL OF REAL PROPERTY LOCATED IN THE CITY OF
LANSING, MICHIGAN AND FOR THE REVISION OF THE DISTRICT MAPS
ADOPTED 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 of
the Code of Ordinances of the City of Lansing, Michigan be amended to provide as
follows:

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

Case Number: Z-10-2010


Address: 934 Clark Street
Parcel Number: PPN: 33-01-01-10-409-071/-081
Legal 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 Office
District.

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

Section 3. This ordinance was duly adopted by the Lansing City Council on
2011, 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 from
the 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," 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

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

By Council Member Jeffries

COUNCIL MEMBER YEAS NAYS


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

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

1 ORDINANCE NO.

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

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

4 ORDINANCES TO CLARIFY THE EXISTING ORDINANCE LANGUAGE AND TO

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

1 (3) In granting a special land use permit, the Council may impose

2 conditions to the extent the council concludes such conditions are

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

1 reimburse the City for the costs and expenses incurred in reviewing

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

3 be considered by the Planning Board until all conditions required

4 in the resolution of council shall have been met.

5 (b) Towers.

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

7 applications for special land use pennits pursuant to Chapter 1282,

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

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

10 information with the application or, with respect to OTHER

11 information deemed by the zoning administrator to be necessary to

12 assess compliance with this CHAPTER ordinance [chapter]

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

14 determined by the zoning administrator:

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

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

17 adjacent land uses and zoning (including when adjacent to

18 other municipalities), comprehensive plan classification of

19 the site and all properties within the applicable separation

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

21 roadways, proposed means of access, setbacks from

22 property lines, elevation drawings of the proposed tower

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


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

1 information deemed by the zoning administrator to be

2 necessary to assess compliance with this ordinance

3 [chapter].

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

5 applicable).

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

7 nearest residential unit, platted residentially zoned

8 properties, and unplatted residentially zoned properties.

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

10 inventory of existing sites submitted pursuant to subsection

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

12 The applicant shall also identify the type of construction of

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

14 tower(s), if known.

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

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

17 the method of camouflage and illumination.

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

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

20 and all applicable federal, state or local laws.

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

22 construction of the tower will accommodate collocation of

23 additional antennas for future users.

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

1 Rcscrvcd. EVIDENCE AT THE TIME OF

2 APPLICATION OF A LEASE OR AN OPTION TO

3 LEASE BY A TELECOMMUNICATIONS PROVIDER

4 WITH THE OWNER OF THE PROPERTY IN

5 QUESTION.

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

7 towers, other structures or alternative technology not

8 requiring the use of towers or structures to provide the

services to be provided through the use of the proposed

10 new tower, INCLUDING SPECIFICS AS TO WHY SUCH

TOWERS, STRUCTURES OR ALTERNATIVE

12 TECHNOLOGIES ARE NOT SUITABLE OR FEASIBLE

13 IN LIEU OF A TOWER.

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

15 antennas within the city based upon existing physical,

16 engineering, technological or geographical limitations in

17 the event the proposed tower is erected.

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

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

20 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

5
Wireless Communications Towers - Ordinance Amendments
Page 6
Draft # 3 October 18, 2010

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

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

3 of this chapter are better served thereby:

4 (i) Height of the proposed tower;

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

6 residential district boundaries;

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 use of towers or structures, as

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

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

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

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

1 applicant demonstrates to the reasonable satisfaction of the Council

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

3 not require the use of towers or structures can accommodate the

4 applicant's proposed antenna. An applicant shall submit

5 information requested by the council related to the availability of

suitable existing towers, other structures or alternative technology.

7 Evidence submitted to demonstrate that no existing tower,

8 structure or alternative technology can accommodate the

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

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

11 geographic area which meets the applicant's engineering

12 requirements.

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

14 meet the applicant's engineering requirements.

15 (iii) Existing towers or structures do not have sufficient

16 structural strength to support the applicant's proposed

17 antenna and related equipment.

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

19 electromagnetic interference with the antenna on the

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

21 towers or structures would cause interference with the

22 applicant's proposed antenna.

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

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

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

3 adapt an existing tower or structure for sharing are

4 unreasonable. Costs exceeding new tower development are

5 presumed to be unreasonable.

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

7 factors that render existing towers and structures

8 unsuitable.

9 (vii) The applicant demonstrates that an alternative technology

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

11 a cable microcell network using multiple low-powered

12 transmitters/receivers attached to a wireline system, is

13 unsuitable. Costs of alternative 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) Towers must be set back a distance equal to at least 75

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

23 line.

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

1 (ii) Guys and accessory buildings must satisfy the minimum

2 zoning district setback requirements.

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

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

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

6 standard separation requirements if the goals of this chapter would

7 be better served thereby.

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

9 (a) Tower separation shall be measured from the base

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

11 designated areas as specified in Table 1, except as

12 otherwise provided in Table 1.

13 (b) Separation requirements for towers shall comply

14 with the minimum standards established in Table 1.

15 Table 1:

16 TABLE INSET:

Off-Site Use/Designated Area Separation Distance

100 feet or 150 percent


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

9
Wireless Communications Towers - Ordinance Amendments
Page 10
Draft # 3 October 18, 2010

greater
100 feet or 100 percent
Existing multifamily residential units greater
height of tower whichever is
than duplex units
greater
Nonresidentially zoned lands or
None; only setbacks apply
nonresidential uses
1

2 1 Includes modular homes and mobile homes used for living purposes.

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

4 3 Includes any unplatted residential use properties without a valid

5 preliminary subdivision plan or valid development plan approval and any

6 multi-family residentially zoned land greater than duplex.

7 (ii) Separation distances between towers.

(a) Separation distances between towers shall be

9 applicable for and measured between the proposed

10 tower and preexisting towers. The separation

11 distances shall be measured by drawing or

12 following a straight line between the base of the

13 existing tower and the proposed base, pursuant to a

14 site plan, of the proposed tower. The separation

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

16 Table 2.

17 Table 2:

18 TABLE INSET:

19

10
Wireless Communications Towers - Ordinance Amendments
Page 11
Draft # 3 October 18, 2010

Existing Towers--Types

Lattice Guyed Monopole 75 feet in Monopole less than


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

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

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

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

5 council may waive such requirements, as it deems appropriate.

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

7 landscaping surrounding towers for which a special land use

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

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

10 served thereby.

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

12 materials that effectively screens the view of the tower

13 compound from property used for residences. The standard

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

1 buffer shall consist of a landscaped strip at least four feet

2 wide outside the perimeter of the compound.

3 In locations where the visual impact of the tower would be

4 minimal, the landscaping requirement may be reduced,

5 deferred, or waived.

6 Existing mature tree growth and natural land forms on the

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

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

9 natural growth around the property perimeter may be a

10 sufficient buffer; in these cases, landscaping may be

11 deferred during the time period that the natural growth

12 provides a sufficient buffer.

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

14 inconsistent with the provisions hereof are hereby repealed.

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

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

17 other than the part so declared to be invalid.

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

19 immediate effect by City Council.

12
Chris Swope
Lansing City Clerk

December 9, 2010

City Council President and Members of the Lansing City Council


10th Floor, City Hall
Lansing, MI 48933

Dear Council Members:

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

Crime Stoppers of Mid-Michigan

Sincerely,

Lansing City Clerk's Office


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

WHEREAS, Crime Stoppers of Mid-Michigan has requested a resolution of


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

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

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


recognizes the Crime Stoppers of Mid-Michigan as a Local Nonprofit
Organization operating in the City of Lansing for the purpose of obtaining a
charitable gaming license.

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


this resolution to the Crime Stoppers of Mid-Michigan of 3315 S. Pennsylvania
Ave., Lansing, MI 48910.
November 29, 2010

Mr. Chris Swope, City Clerk


City of Lansing
124 W. Michigan Ave.
9th Floor
Lansing, MI 48933

Dear Clerk Swope:

The Crime Stoppers of Mid-Michigan is requesting recognition as a Non-Profit


Organization by the City of Lansing. Our goal is to obtain a Charitable Gaming License
from 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 Incorporation
and our Bylaws.

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

Sincerely,

3315 S. Pennsylvania Ave., Lansing, MI 48910 Tel: 517-394-4614


www.crimestoppersofmidmichigan.com
. l u.. uo at: veto
rl , '' I+ a i.` 1401 i'i I ' Ca VI II CV Wary avc lJLV . v vvA
03/22/2084 ].3:3 1„5173131©43 „ .. _ AMBROSE CPA PAGE 92

INTERNAL REVENUE SERvIC.g OEPARY$ENT OF YRE TREASURY


DISTRICT DIREPTPR
P O. 80X ZIIO
CINCINNATI, OH 45201
3"$ -2B t57, L
Enptoytr Identification Humbert
Lo•te: 90-2476522
^ A PR ^ i 16%. Celt Number'
314056011
CRIME STOPPERS OF MIir #ICHI©AN 1Nt Contact Torreon:
F.O. SOX 420 PEA Ell*
E. LANSING, MI 433Z6 C''onteet Telephone Number;
(613) 624-5578
Our Latter Dated;
January 101 4990
Addendum Applies:
No

Dear Applicants

This modifies our fetter of the above date in which we stated that you
he treated as an organization that
d ba 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 an
organization, described in eectioa rt)tlc)i3) is still in effort. Sexed on the
information you subsritted+ wo have detareitned that you drat not a priY4te
foundation 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 the


Internal Revenue Service publishes notice to the tontrai-y However, if you
lose your section 500Ca}ill statue, 4 ttreetbr or sentrfti1ttor wrtay not rely on
this 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 of
that organi;at1cr that resulted in your love of such status: or If he or she
acquired kneltiedile dial: the Internal Revenue Service had given notice that you
navid no longer be classified t}s a set-Aloe 00?(ei(1) or g eeizatten.

If we hive indicated in the heading of this letter that an eddendes


spo iiesi the Addenda inclosed la an integral part of this tatter.

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

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

C. Asille' y Qni sold


District; Director

eveik tun Ir(


CRIME STOPPERS OF MID-MICHIGAN, INC.
BY-LAWS

Article 'I - PURPOSE AND NAME

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


Mid-Michigan, Inc.
Sec. 1.2 -The purpose or purposes for which the corporation is
organized. are to 'provide and encourage citizen
information and* . assistance to area law .enforcement-
agencies to. assist' in investigating and 'solving' major
unsolved crimes; to heighten public awareness of certain
serious crimes by publicizing through - the media the facts
and circumstances of such crimes; to encourage' public
citizens to come'forward with information and assistance'
to police by offering and paying . rewards; to recognize
citizen assistance•to . law enforcement agencies by public.
awards, and to carry out any purpose and exercise all
powers permitted- by §251 and §252 of 1982 PA 162 not
involving pecuniary gain or profit fie.; its officers or' . .
directors. :; -
Sec. 1.3 LIMITATICNS . .' •
No part of the net earnings of the corporation .shall
inure to the . benefit of, or be distributable to. its
-members, officers, 'or other private persons, except that
the corporation shall.: be' . authorized and empowered :to pay.
'reasonable - compensation.-for services rendered and to make
payments-and distributions in furtherance of -the purposes
set forth in its Articles: No substantial -part .of the.
activities - of the corporation shall be the carrying on'
of propaganda, 'or: otherwise attempting to influence
legislation,' and' the .corporation shall not -participate .-
in, or - intervene in- (including .the publishing or
distribution Of statements) any political . campaign on
behalf -of - any candidate • for • public -. office.. -
Notwithstanding any other provision of•these bylaws,.the
corporation 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 the
Internal Revenue- Code of -.1954 (or 'the . :corresponding'
provision of. any:future United States'Internal* Revenue
Law) or. (b) by 'a corporation,. contributions to which are
*deductible under • section ' 170(c) (2) of -the Internal
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 a
move to affect the opinions of the general public or any
segment thereof; and
2. Any attempt to influence any legislation through
communication with any member or employee of. a
legislative body, or *with any government official or
employee who'may - participatein the formulation of the
legislation'..

Sec .. 1.4, Dues. Members shall be obligated to pay dues annually,


.in advance, in order to receive. notice of and participate
in the annual 'meeting: Dues must be paid 30 days prior
to the' annual meeting, in an amount' to be determined by
the Board of Directors. Dues are not refundable.

Article II ' DIRECTORS,

`The Corporation shall be managed by a Board of


Directors- consisting of no fewde than twelve (12)
nor more•thaxi twenty-one (21) Members who shall
serve 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 Board
shall be' appointed. by the ' incorporators..' . ' Any
vacancy occurring in the Board of Directors•and any
Directorship' to be filled by..reasonof'an increase
in the number of Directors beyond - those-initially
appointed 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 of
candidates for selection -to the Board of Directors.
Nominations may be taken from the.floor.
Those nominees receiving the largest , number of votes
for the -.vacancies to be filled 'shall be declared
elected, shall assume office immediately, and the
-2-
result of the election shall be announced at the
Annual Meeting.
b. No paid employee of the corporation shall be
eligible for election as a director and no director
shall receive compensation for services as a
director.
c. Any vacancy of a director shall be filled by the
Board.
«a- Attendance.
A•director may be declared to have resigned in the event
of absence at three regular Meetings of the Board within
any fiscal year, unless such absences: are. excused by
prior arrangement with-the-President or Secretary.
Sec. 2:4 Scope of Authority. The Board shall have and. exercise
all the usual powers of director of a business
corporation, 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 shall
make all rules and regulations which they deem necessary
or proper . for the government of the ,Corporation,. and for
the due and orderly conduct of its 'affairs and the
management of its property, not. inconsistent with its
Articles of Incorporation and these By-laws. They . may
exercise all powers not expressly reserved to the'
members. °e .
14 -
Sec. 2.5 Reimoval Any director may be removed from office by a
majority' vote of all of the Directors appointed and
serving whenever. the Board of Directors determines in its
sole and absolute discretion that removal is desirable
and 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 ' Board
determines a need for staff; -Executive Director who shall
serve as staff of the organization.. 'All' officers except
the Executive Director will be elected by the Directors
from 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 the
Executive . Director, , shall be elected for a- term .of one
-3-
fiscal year, Officers may succeed themselves, but may
not serve more than two consecutive years in the same
office.. 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 usually
pertain to their respective offices, or as are prescribed
and 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-in
its judgment for the conduct of the business of the
Corporation, and to designate their titles and
compensation if any. '
- Sec. 3.5 Vacancies. Vacancies' for unexpired. terms of office shall
be filled•by election by the Board of Directors.

:Article IV . ADVISORY BOARDS

fRae m:S There may be Advisory Boards, appointed by the Executive


Committee and approved by the Board of Directors,
consisting of persons other than Directors and staff of
the Corporation, whose support,-advice and assistance
would be beneficial to. the Corporation.

Article V. QUORUM

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

-Article VI - SPECIAL MEETINGS

Sec. 6.1 Special meetings of. the Board-of Directors may be called
by or at the request of the President or any three
Directors and shall be held at the principal office of.
- the . Corporation or such'.other place as shall be stated
in the notice calling the•meeting.
Sec.6.2...Notice of any especial meeting of the Board of Directors
shall 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 when
deposited in the United States mail in a sealed envelope
so addressed, with postage thereupon prepaid. If notice
is given by telegram, such notice shall be deemed to be
delivered when the telegram is delivered to the telegraph
company. Any Director may waive notice of any meeting.
The attendance of a. Director at any meeting shall
constitute a waiver of notice of . such. meeting, except
where a Director attends a meeting for the purpose of
objecting to the transaction of any business because the
meeting is not lawfully-called or convened. No business
shall be transacted at the meeting unless it is specified
in the notice or waiver of notice of such meeting unless
specifically required by law or by these By-laws.

Article VII I COMITTEES

Ae„ ,,' 7. 1 An Executive Committee of the Board of Directors shall


consist of the officers together with three other
Directors appointed by the - President with the approval
of the' Board. The Executive Committee shall have and
exercise' , the full authority of . the Board in 'the
management of the business of the Corporation between the
meetings of the Board, except that Board action shall be
necessary for personnel action or to amend ,By-laws,
remove. or fill vacancies of officers, directors or
executive 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. This
committee shall submit Nominees by September 1st for the
December election of Directors for the ensuing year. It
shall also submit a slate of nominations for officers no
fewer than 7 days before the. meeting set for the election
of officers as provided herein. .
Sec.. 7 ,.3 -- Other ..standing ' ,or ' . speecial' committees of - the . Board. , of-:. .
Directors may be' established by' the Board , and appointed
by 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 Or
established by, the Board, and may. include 'members' of the
Corporation who are not Directors.

-5
Article VIII REPORTS

Sec. 8.1 The fiscal year shall end on the thirty-first.of December
of each year.
Sec. 8.2 The Treasurer shall cause to be kept a proper record of
all 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 shall
be deposited in the name of the Corporation and all
payments shall be made in its name.
Sec.. 8.3 The accounts' of the Treasurer shall be previewed by an
independent certified public accountant . appointed by the
Board at the end . of each fiscal year, and . at such other
times. as are • deemed by-the Directors to be expedient.
Sec. 8.4 A financial report, based On such audit, shall be' made
to the Board by. the Treasurer at least once *annually and
transmitted by the Secretary to the members of the
Corporation. . Such report shall not. disclose money .
payments made to any one individual, but Directors shall
have the right to. be given such information on request.
Sec. 8.5 The President shall present an annual report-to the Board
and to the members, reviewing the year ended and making
such recommendations for the year approaching as may be
reasonable.' . -
Sec. 8.6 An operating budget for the ensuing s #ason, as prepared
by the Executive Committee and approved by the Board,
shall be transmitted to the members with the -financial
report of-the preceding year. '

Article IX RESTRICTED FUNDS

Sec. 9.1 In the event funds are received for restricted purposes
with the requirement that principal shall remain intact,
the Board shall provide for the designation of an outside
corporate 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 by
officers of the Corporation duly authorized to act-, and
such funds shall be-transferred to such trustees.' -'

-e6-
Article X PARLIAMENTARY AUTHORITY

Sec. 10.1' The parliamentary authority governing deliberations of


this 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 president
may appoint a Parliamentarian each year.

Article XI AMENDMENTS

ec. 11.1 These. By-laws may be amended by a. majority vote of all


of the members of the Board ..of Directors at any' regular
meeting or special meeting called for such purpose,
provided, however, that .a copy'of said amendments shall
have been mailed to all members of the Board 20 .days in
advance 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 any


officer 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 the
Corporation, and such authority may be general-or may be
confined to specific instances.
Sec. 12.2 Checks, Drafts, or Orders. All checks, drafts, or,orders
for the payment of money, notes, or other evidences of
indebtedness-issued in the.name of the Corporation, shall.
be signed by such officer or officers,- agent or -agents
. of the . Corporation,• - and in such Manner- as 'shall from time'
to time be determined by the 'Board ' of Directors. '''..
Sec. 12.3 Deposits. - All- . funds • of the- Corporation - .shall ' be
deposited ,from time to :time to the . credit . of the
Corporation 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 on- behalf: of
the 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 its
directors or officers or former directors or officers,
against expenses actually and necessarily incurred by
them in connection. with the defense of any action, suit
or proceeding in..which they or. any of them are made
parties or a party by reason of being or having been
directors, or a director or officer of this Corporation,
except in• relation to matters as to which any such
director or officer, or former director or officer, shall
be adjudged in such action, suit or proceeding to' be'
guilty of gross negligence or misconduct in the
performance of duty and' to such matters as shall be
settled by agreement predicated on the existence of such
gross negligence liability.

Article 'XIV BOOKS AND' RECORDS

Sec. 14.1 The Corporation shall keep'correct and complete books and
records of account and shall also keep minutes of the
proceedings of its members, Board of'Directors, and
committees having and exercising any of the authority of
the Board of Directors, and shall keep at the principal
office a record giving the names 'and addresses of the
members 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 for
any proper purpose at any reasonable time.

Article XV 'WAIVER OF NOTICE

Sec.' 15.1 .Whenever- any notice _is- requiredto be given :under the
provisivris'. of the "Michigan General Corporations Act Or . :
under. the provisions of the Articles of Incorporation or
the By-laws of the Corporation,, a waiver thereof in
writing signed by the. person or'persons'entitled to such
notice, 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 seal


which may be circular in form and may have-inscribed
-8-
Heron the name of the Corporation, its designation as
Michigan nonprofit corporation, and the words
`tCoxporate Seal" and such other identifying make as the
Board 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 of
the Board of Directors Iat a regular meeting of the Board held in East Lansing, Michigan
on September 21, 1980 and re-cexrtfiied at a special meeting of the Board dicers on
November 18, 2010. :

Countersigned;

'-9-
lEaroJing, Aict)igan

g-4e;y/t's,to-60e/ g/za&A,te'ekep ffY/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 4
JUNE , 689

3 .2.8765X02
C&S-179
C8S-502 (Rev. 5 . 86)

MICHIGAN DEPARTMENT OF COMMERCE - CORPORA TION AND SECURITIES BUREAU


(FOR BUREAU USE ONLY)
FI LA
a
D
Date Received

26 1969 .
Jvti
JUN 28 i :J

Administrator
MICHIGAN DEPT OF COMMERCE
00r: ni;d:?i t Scc'^ritf3 s Buresii

CORPORATION IDENTIFICATION NUMBER

ARTICLES OF INCORPORATION
For use by Domestic Nonprofit Corporations
(Please read instructions and Paperwork Reduction Act notice on last page)

Pursuant to the provisions of A ct 162, Public A cts of 1982, as amended, the undersigned corporation
executes the following Articles:

ARTICLE I

The name of the corporation is:

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

ARTICLE II
and encourage citizen
The urp $e or p rpose,s for which the corporation is organized are:To provide
information and assistance to area law enforcement agencies to assist in investigating and
solving major unsolved crimes; to heighten public awareness of certain serious crimes by
publicizing through the media the facts 'and circumstances of etch crimes; to encourage
public citizens to come forward with information and assistance to police by offering and
paying rewards; to recognize citizen assistance to law enforcement agencies by public
awards, and to carry out any purpose and exercise all powers permitted by §251 and §252 of
1982 PA 162 not involving pecuniary gain or profit for its officers or di rent-ors-
ARTICLE III

nonstock basis.
The corporation is organized upon a (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)

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")

none
Primarily from charitable
The corporation-is to be financed under the following general plan:
contributions received frail the general public, public and private grants, corporate and
business sponsorships, earnings from in-kind services donated by the public media, and
goods, 'services and property donated by the general 'public.
directorship basis.
The corporation is organized on a
(membership or directorsh,p)

ARTICLE IV
1. The address of the registered office is:
120 W. Michigan Avenue Lansing , Michigan 48933
(Street Address) (city) (ZIP Code)

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


P.O. Box East Lansing 48826
4520 ' Michigan
(P.O. Box) (City) (ZIP Code)

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


Charles E. Reifsnyder

ARTICLE V
at
The name(s) and address(es) of all the incorporator(s) is (are) as follows:
De aRe E. McGinty Abbo
601
s Eaast
l:?. ,
B L,ansing, l ^r^ MI s 18823

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


Dept. of Public Safety
Andrew P. McEntee Michigan State University East Lansing, MI 48824

Ted Lewis Michigan State University


East Lansing , .48824
Vincent J. Kuntz P.O. Box 2510 East Lansing; MI 48826
Instructional Media Center
Sam Chatterjee Michigan State University East Lansing, MI 48824
Use space below for additional Articles or for continuation of previous Articles. Please identify any Article being
continued 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 consisting
of not less than 12 nor more than 21 members who shall serve for
a term of 3 years, except that an equal number of the initial
members of the Board shall be appointed for an initial term of 1
year, 2 years and 3 years. The initial members of the Board shall
be appointed by the incorporators. Any vacancy occurring in the
Board of Directors and any directorship to be filled by an increase
in the number of directors beyond those initially appointed shall
be filled by the Board of Directors.
ARTICLE VII:
No dividend or distribution of any assets, income or net earnings
of the Corporation shall be paid to any member, director or
officer, except that the corporation may pay compensation in a
reasonable amount to members, directors or officers for services
rendered or personal expensess incurred on behalf of the
corporation.
ARTICLE VIII:
No'substantial part of the activities of the corporation shall be
the carrying on of propaganda or otherwise attempting to influence
legislation, and the corporation shall not participate in or
intervene in (including the publishing , or distribution of
statements) any political campaign on behalf of any candidate for
political office.
' ARTICLE IX:
a. Any person deemed a "volunteer director" as defined by
MCL 450.2110(2) shall not be personally liable tothe
corporation or its members for monetary damages for a
breach of the director's fiduciary duty. ,However, this
provision shall not eliminate or limit the liability of
a director for any of the following:
(i) a breach of the director's duty of loyalty to
the corporation or its members.
(ii) acts or omissions not in good faith which
involve intentional misconduct or a knowing
violation of law.
(iii) a prohibited corporate action described at MCL
450.2551(1).
(iv) a transaction from which the director derived
an improper personal profit.
(v) an act or omission that is grossly negligent.
b. The corporation shall assume all liability to any person
other than the corporation or its members for all acts
or omissions of a volunteer director.
ARTICLE X:
The corporation is organized and shall be operated exclusively for
charitable, 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 other
activities not permitted to be carried on by a corporation exempt
from federal income tax under Section 501(C) (3) of the Internal
Revenue Code or corresponding section of any future federal tax
code.
ARTICLE XI:
Upon dissolution of the corporation or the winding up of its
affairs, all property and assets of the corporation shall be
distributed exclusively to a non-profit fund, foundation, or
corporation which is organized and operated exclusively- for
charitable, educational, or scientific purposes and which has
established its tax-exempt status under Section 501(C)(3) of the
Internal Revenue Code.
Chris Swope
Lansing City Clerk

December 8, 2010

City Council President Robinson and Lansing City Council Members


10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and Council Members:

Pursuant to Article 5, Chapter 2, Section 205.2 of the Lansing City Charter, on December
6, 2010 my office received and placed on file the following:

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

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

Sincerely,

Ch its Swope, CNf C


Lansing City Clerk

Lansing City Clerk's Office


Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695
517-483-4131 • TDD 517-483-4479 . 517-377-0068 FAX
www.lansingmi.gov/clerk • clerk@lansingmi.gov
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 9, 2010

RE: Resolution- Setting a Public Hearing-East Village Brownfield Redevelopment Plan


No. 5D

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

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

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

"Equal Opportunity Employer"


BY THE PLANNING AND DEVELOPMENT COMMITTEE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
BROWNFIELD PLAN #5d
EAST VILLAGE BROWNFIELD REDEVELOPMENT PLAN

WHEREAS, the Lansing Brownfield Redevelopment Authority has prepared and forwarded an
approved Brownfield Plan pursuant to and in accordance with the provisions of the Brownfield
Redevelopment Financing Act, Public Act 381 of 1996, as amended, for property commonly referred
to 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 the
Plan, 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 Council
Chambers of the City of Lansing, 10 th Floor, Lansing City Hall, Lansing, Michigan, on ?? at 7:00
p.m. on Brownfield Plan #5d - East Village Brownfield Redevelopment Plan under the Brownfield
Redevelopment Financing Act, for property located within the boundary 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

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

Approved for placement on City Council Agenda

City Attorney

Date:
City of Lansing
Notice of Public Hearing

The Lansing City Council will hold a public hearing on ?? at 7:00 p.m. in the City Council
Chambers, 10th Floor, Lansing City Hall, Lansing, MI, for the purpose stated below:

To afford an opportunity for all residents, taxpayers of the City of Lansing, other interested persons
and ad valorem taxing units to appear and be heard on the approval of Brownfield Plan #5d - East
Village Brownfield Redevelopment Plan, pursuant to and in accordance with the provisions of the
Brownfield Redevelopment Financing Act, Public Act 381 of 1996, as amended, for property located
on 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 to
capture incremental tax increases which result from the redevelopment of the property to pay for
costs associated therewith. Further information regarding this issue may be obtained from Karl
Dorshimer, Economic Development Corporation of the City of Lansing, 401 N. Washington Square,
Suite 100, Lansing, MI 48933, (517) 483-4140.

City Clerk
East Village Brownfield
Redevelopment Plan

Saginaw Street
Lansing, Michigan

Brownfield Plan #5d


Amendment 3

Brownfield Redevelopment Authority


Lansing, Michigan

Approved by the LBRA - December 3, 2010


Approved by the Lansing City Council -
Table of Contents

Section Page

1. Site Location ........................... 2


2. Project Summary Sheet 3
3. Past Use of the Property - Site History 4
4. Project Phase I - Brownfield Project Description 4
5. Project Phase I - Existing Plan Brownfield Eligible Activities 7
6. Previous Use of Bond and Tax Revenues for Eligible Activities 8
7. Project Phase II - New Developer Brownfield Project 9
8. Project Phase II - New Developer Eligible Activities 11
9. Captured Taxable Value & Tax Increment Revenues 12
10. Method of Brownfield Plan Financing 13
11. Amount of Note or Bonded Indebtedness Incurred 13
12. Duration of the Brownfield Plan 13
13. Estimated Impact on Taxing Jurisdictions 13
14. Legal Description & Site Map 14
15. Personal Property 14
16. Displacement of Persons : 14
17. Site Remediation Revolving Fund 14
18. 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 occupied
residential development project

New Developer: Allen Edwin Homes

Developer
Investment: Approximately $10,000,000 including $513,365 of eligible
brownfield activities
Estimated Job
Creation/Retention: There will be some temporary constructions and sales jobs. The
development is all residential so no direct long-term jobs are
expected.

Duration of Plan: Estimated to be 14 years.

Property Taxes
Generated By Project:
(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

3
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 is
located 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 resulted
in the contamination of surficial soils. Stockpiling of soil on the Property during construction
activity on an adjacent site may have also lead to contamination of the surficial soil. One or
more underground storage tanks (USTs), containing petroleum products, may have been located
on the Property in the past.

A Phase II Environmental Site Investigation Report completed in February 2001 by Soils and
Materials Engineers documented elevated levels of contaminants found through soil sampling
including selenium and mercury at concentrations above the Groundwater Surface Water
Interface (GSI) Protection Criterion. Furthermore, the Soils and Materials Engineers Phase II
Site Investigation Report noted the possibility that one or more USTs containing petroleum
products may remain on the Property. The results of these prior site assessments and the results
of subsequent soil and groundwater testing performed by AKT Peerless Environmental Services
on behalf of the LBRA have allowed AKT Peerless Environmental Services to conclude that the
Property is a "facility" in accordance with Part 201 of the Michigan Natural Resources and
Environmental 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 Brownfield
Redevelopment Authority.

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

The Burton-Katzman Development Company (the "Original Developer") headquartered in


Bingham Farms, Michigan was selected as the developer. Because the site was a brownfield, it
was necessary for the City to offer brownfield redevelopment incentives to make the project
work economically.

4. Project Phase I: Brownfield Project Description

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

4
Figure 1 - Original Developer Site Plan

In 2002, the City of Lansing (City) entered into a purchase and development agreement with the
Developer. The agreement called for the Property to be developed for owner-occupied single
family housing between 177 and 183
units (approximate), including single-
family detached and single-family
attached dwellings. The overall
estimated investment for the project
at the time was approximately $26
million. In 2003, the City of Lansing
approved PRD-1-03 which was a
request by the Burton-Katzman
Development Company to implement
the BTS plan by developing a total of
177 condo units on the subject
property. The approved PRD consists
of 6, 12-unit condo buildings, 12, 6-
condo buildings and 33 single
family homes, for a gross density of
7.2 units per acre.
5
As noted above, previous
environmental investigations paid for
by the Lansing Brownfield
Redevelopment Authority,
established the presence of
environmental contamination on the
Property. However, during the
Developer's "due diligence" phase,
their consultants identified several
site conditions which were
previously unidentified and
unanticipated. Specifically,
petroleum contaminants were found
to be in the soil at one location on the
site and fill and peat, substances
unsuitable for building foundation
construction, were found to cover most of the property in significant quantities. Upon discovery
of these conditions, estimated costs for environmental work and site preparation increased to a
level that made the project unacceptable to the Developer unless the Brownfield incentives were
applied 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 both
cleanup and development and the LBRA intended to reimburse them for brownfield related costs
over a multiyear period. However in this instance and following then Mayor Hollister's
recommendation, the LBRA made the decision to issue a bond and borrowed funds to pay for a
large portion of the brownfield costs associated with the project. The plan called for the LBRA
to capture the increase in property taxes from the new development to make the payments on the
LBRA bond. The original brownfield plan was approved by the Lansing Brownfield
Redevelopment Authority (LBRA) and then the Lansing City Council in 2003.

As part of the Brownfield Plan, the


Council resolution of approval included
a provision providing the full faith and
credit of the City for bonds issued by
the LBRA in connection with the Plan.
In 2004, the LBRA issued $2,225,000 in
bonds to fund eligible brownfield costs
supporting the project. From 2004 to
the present, the LBRA has made
biannual BTS bond payments.

The Developer began the project in


2003 with the majority of eligible
activities taking place including

6
environmental, infrastructure and site preparation and made some progress toward reaching the
initial goal of being fully completed in 2008. However the market for housing began to soften
soon thereafter with each year worse than the previous until the developer fell behind schedule
and eventually defaulted on a bank loan they had secured to fund the project. At the time of
default the Developer had built 67 of the planned 168 units. As of 2010, 57 of the 67 built units
had been finished and sold, leaving 10 to be completed and 101 of the original planned units not
built.

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 to


Exceed" Cost:
1. Brownfield Plan Preparation (LBRA) $4,817.50
2. Phase I Environmental Site Assessment (LBRA) $1,500.00
3. Phase II Environmental Site Assessment (LBRA) $13,019.55
4. Baseline Environmental Assessment (LBRA) $3,153.75
5. Site Remediation & Due Care (Developer) $664,363.00
6. Total Environmental $686,853.80

7. Infrastructure Improvements (Developer) $346,500.00


8. Site Preparation (Developer) $910,000.00
9. Developer Interest Costs (Developer) $116,683.00
10. Environmental Insurance (Developer) $150,000.00
11. Total Non-Environmental $1,523,183.00

12. Revolving Fund Capture (LBRA) $610,902.00


13. 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 Economic
Development Corporation (MEDC) and the Michigan Department of Environmental Quality
(MDEQ). The MEDC/MEGA Board approved the capture of taxes levied for school operating
purposes up to $1,890,237 of which no more than $283,536 could be taxes levied under the state
education tax act (SET). The purpose of this capture was to reimburse for non-environmental
Eligible Activities.

The MDEQ approved the capture of taxes levied for school operating purposes up to $630,442 of
which no more than $301,428 could be taxes levied under the state education tax act (SET). The
7
purpose of this capture was to reimburse for environmental Eligible Activities with half the
captured 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 Growth
Authority on February 24, 2004 for a maximum Eligible Investment of $19,520,000 resulting in
a maximum credit of $1,000,000. The project was later amended to: add time resulting in a new
project completion date of February 24, 2011, and; convert the project to a multi-phase project (2
total phases). The project was also awarded a Certificate of Completion on September 28, 2007
for 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 Revenue


Bond Principal $2,225,000.00
Plus: Premium/(Discount) -$5,231.64
Purchase Price $2,219,768.36

Total Accrued Interest $4,647.78


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

Distribution of Net Bond Proceeds by Issuer


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

Bond Construction Funds Spent on Elig. Activities


Site Remediation & Due Care (environmental) -$584,544.46
Infrastructure Improvements (non-environmental) -$311,953.00
Site Preparation (non-environmental) -$903,502.54
Remainder for debt retirement $379,916.14
Local Taxes Captured (life of plan to date) $956,566.46
School Taxes Captured (life of plan to date) $347,331.39
Total Pool of Funds $1,683,813.99
Bond P&I Payments Made -$1,554,948.75
Remainder $128,865.24
LBRA Administration -$95,345.88
LBRA Eligible Activities -$23,851.84
Balance of Plan Funds $9,667.52

8
The LBRA used $1,800,000 of the bond proceeds to fund eligible activities on behalf of the
Developer. The LBRA retained the remainder of the bond proceeds as a reserve to help make
the annual principal and interest payments of the LBRA bond. Table 2 documents the use of the
bond 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 schedule
and owner occupied unit property tax delinquencies, the LBRA was forced to ask the City to
make 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 including
interest at a rate of 6% annually. These payments are scheduled to begin in 2014 after the LBRA
bond is paid off in 2013.

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

Table 3: Bond Payment Shortfalls


Year Bond Capture to Shortfall Balance to Interest to
Payment Debt P&I City City
2010 $494,902.50 $214,538.82 $280,363.68 $280,363.68 $0.00
2011 $499,340.00 $197,649.63 $301,690.37 $582,054.05 $16,821.82
2012 $434,247.50 $213,649.13 $220,598.37 $802,652.42 $34,923.24
2013 $424,865.00 $222,799.98 $202,065.02 $1,004,717.45 $48,159.15
2014 $0.00 $233,401.71 -$233,401.71 $771,315.74 $60,283.05
2015 $0.00 $242,592.69 -$242,592.69 $528,723.05 $46,278.94
2016 $0.00 $250,373.11 -$250,373.11 $278,349.94 $31,723.38
2017 $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 who
foreclosed on the undeveloped and unfinished portion of the project has sought buyers to
complete the project. Fortunately, a Michigan based firm, Allen Edwin Homes (New
Developer) has contacted both the lender and City expressing interest in purchasing the portion
of the development yet to be completed and finishing the project. Allen Edwin Homes has
extensive experience in Michigan and has continued to build and sell homes even during the last
few years. Allen Edwin recognizes the potential of the development and is willing to take it on if
the brownfield redevelopment incentives can be made available to them. By working with the
City, Allen Edwin has modified the plan for completion of the East Village neighborhood. The
City 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 family
buildings/units and increase the number of single family detached residential units, resulting in a
total reduction of the number of for sale owner occupied units in the development from 177 to
125. The amended plan is consistent with the intent and purpose of the Zoning Code and with
the objectives of the Northeast Area Comprehensive Plan and the Boys Training School
Development Plan. The original plan represented a density of 7.5 units per acre. The current
amended plan will reduce the density to 5.3 units per acre, which is still well within the density
range being advanced in all of these documents. In fact, the proposal will actually make the
density of the subject property even more consistent with the density of the surrounding
residential areas which is approximately 6-7 dwelling units per acre.

The proposal will also be consistent with the report from the BTS Advisory Committee dated
April 3, 2003 which specifically recommended: "That the developer incorporate design
modifications recommended by the Committee that would enable more single family detached
homes to be constructed." At the time, housing market conditions did not support this
recommendation. However, the housing market has drastically changed and the New Developer
believes that single family detached condominiums are for more favorable to the current market
conditions than the multiple family condominiums that were originally proposed.

R; s 4
Li'sDSr.-,re'ErIA

..
PathttuleT

10
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 #5
pertain to the outstanding LBRA bond costs which must be assumed by the amended plan. The
allocation of taxes captured for education purposes (school taxes) between environmental
Table 4:
Portion Portion
Total Portion Reimbursed
Eligible Activities (Plan #5d) Reimbursed
Eligible Reimbursed by MDNRE
by MEGA
Activity by Local Sch. Tax
Sch. Tax
Cost Tax Capture Capture
Capture
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 & $513,365 $440,240 $73,125 $0


Infrastructure
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 expenditures
from the Bond Construction Fund as given Table 2. Item #6 in Table 4 gives the estimated new
Eligible Activities to be incurred by the New Developer. These costs are non-environmental and
thus will be reimbursed with a combination of captured Local and MEGA School Taxes.
11
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 LBRA
administration. Item #8 gives the expected amount of local taxes to be captured and deposited
in the LBRA Revolving Fund as allowed by Brownfield Redevelopment Financing Act, 1996
PA 381, as amended. The LBRA is not planning to capture school taxes for deposit into the
LBRA Revolving Fund. The priority of allocation of captured taxes will be: 1. LBRA
Administration (local taxes only); 2. Bond Costs; 3. Developer Eligible Activities; and 4. LBRA
Revolving 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 will
be generated by the increase in taxable value. The following table provides a summary of the
anticipated taxable value and the tax increment revenue which it will provide:

Table 5:
Tax Incremental Taxable Tax Increment
Year Value Revenue
2011 $4,692,235 $206,570
2012 $5,723,172 $223,292
2013 $6,272,612 $232,856
2014 $6,922,936 $243,936
2015 $7,473,328 $253,542
2016 $7,923,794 $261,674
2017 $8,003,032 $264,290
2018 $8,083,063 $266,933
2019 $8,163,893 $269,603
2020 $ 8,245,532 $235,187
2021 $8,327,988 $237,539
2022 $8,411,267 $239,914
2023 $8,495,380 $242,313
2024 $8,580,334 $244,736
Total $3,422,3 86

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

12
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. The
Developer will be reimbursed for these costs by the LBRA utilizing taxes captured from the
project. 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 of
total Eligible Activities during the life of this Plan. The LBRA is not obligated to reimburse any
New Developer Eligible Activities performed or conducted on the project site after December
31, 2012.

The LBRA will provide financing for its costs to implement and administer the Plan by utilizing
5% of the new local taxes captured per year for the duration of the Plan. This expense is noted in
Table 4 Item #7 above. No portion of captured school taxes will be used for LBRA
administration costs. The LBRA will also deposit up to $1,139,705 in local captured taxes into
its Revolving Fund.

11. Amount of Note or Bonded Indebtedness Incurred

As was noted above, the LBRA has existing outstanding debt for this brownfield project. The
total estimated amount of debt is $1,613,343 and will be paid back with a combination of local
and 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 all
approved 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 taxing
jurisdictions whose millage is subject to capture by the LBRA under this Plan.

Table 6 - Impact on Taxing Jurisdictions


City of Lansing $1,266,701.88
Lansing Comm. College $312,338.97
Ingham Inter. Sch. Dist. $385,203.05
Ingham County $692,454.61
Airport $57,363.71
CATA $243,755.29
Cap. Area Dist. Library $127,989.39
Potter Park Zoo $33,646.36
State Education Tax $302,932.42
$3,422,385.68
13
Additional information related to the impact of tax increment financing on the various taxing
jurisdictions 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's
Revolving Fund as permitted by Act 381 of 1996, as amended ("the Act"). The funds will be
used 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 in
the future in order to fund additional eligible activities associated with the Project described
herein.

14
Schedule 1 - Detailed Financial Numbers - East Village Brownfield Plan #5d -
1 2 3 4 5 6 7 8
Estimated Project Numbers 9 10 11 12 13
Current Captured Tax Value $4,692,235
Current Base Tax Value Local Local School Local School Local
$0 Existing Additional Projected Taxes Taxes Taxes Taxes Taxes Taxes Taxes School
Real Prop. Real Prop. Total TV to to LBRA to LBRA to to
Total New Personal Property Investment to LBRA to LBRA Taxes Total
$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 , 264
2012 $4,739,157 $984,015 $5,723,172 $11,559 $9,643 $0 $0 $0 $30,432 $183,217 $0 $234 ,851
2013 $4,786,549 $1,486,063 $6,272,612 $12,054 $10,056 $0 $0 $0 $31,736 $191,064 $0 $244 , 910
2014 $4,834,414 $2,088,521 $6,922,936 $12,627 $10,535 $0 $0 $0 $33,246 $200,156 $0 $256 , 564
2015 $4,882,759 $2,590,570 $7,473,328 $13,125 $10,949 $0 $0
Total Environmental Costs - LBRA $0 $34,555 0206,037 $0 $266,667
$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 $275,219
Total 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
Total Eligible Activities $0 $277,971
$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 $280,751
2019 $5,081,018 $3,082,875 $8,163,893 $13,956 $11,643 $0 $36,744 $221,215 $0 $0 $0 $283 , 559
T 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 , 394
2021 $5,183,147 $3,144,841 $8,327,988 $14;237 $11,877 $225,662 $0 $0
Yrly Real Prop .Appreciation Rate $0 $0 $37,483 $289,258
1% 2022 $5,234,978 $3,176,289 $8,411,267 $14,379 $11,996 $227,918 $0 $0 $0 $0 $37,858 $292,151
2023 $5,287,328 $3,208,052 $8,495,380 $14,523 $12,116 $230,198 $0 $0 $0 $0 $38,236 $295,072
2024 $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


14 15 16 17 18 19 20
% of New Local Taxes Captured 21 22 23 24 25 26
100.0%
% 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
Total Taxes to Local Taxing Units $0 $385,203
$21 ,332 C oun ty 0 .0084413 0.0028540 $0 $34,623 $252,987 $0 $97,723 $0 $307,122 $0 $692,455
Total Taxes to Lansing Schools $165,628 Airport 0.0006990 0.0002370 $0 $2,868 $20,959 $0 $8,096 $0 $25,440 $0 $57,364
Total 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 $127,989
PP Zoo 0.0004100 0.0001390 $0 $1,682 $12,293 $0 $4,749 $0 $14 , 922 $0
Local Taxes to LBRA Admin $33 , 646
$155,973 Total Local 0.0380239 0.0128640 $0 $155,973 $1,139,705 $0 $440,240 $0 $1,383,536 $0 $3, 119 ,453
Local 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 , 332
School 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 , 628
Local 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 , 960
School 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 $0
State Educ. 0.0060000 0.0020300 $0 $0 $0 $73,125 $0 $229,808 $0 $189,307 $492,240
Total 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 115.77
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
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 9, 2010

RE: Resolution- Setting a Public Hearing- Marshall Street Armory Historic District
Ordinance

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

VB/rh
Attachment

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Bill Rieske, Asst. Planning Manager

Subject: CITY COUNCIL AGENDA ITEM - Marshall Street Armory Historic District
Ordinance

Date: December 8, 2010

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

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

Attachments

"Equal Opportunity Employer"


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, requests
the establishment of a local historic district at the Marshall Street Armory, 330
Marshall Street; and

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

WHEREAS, the Study Committee has submitted its final report dated December
6, 2010, with a finding regarding the historical significance of the subject
property, 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 of


Lansing 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 Michigan
Avenue, Lansing, Michigan, for the purpose of approving and/or opposing the
Ordinance to confer Historic District status on the Marshall Street Armory Historic
District 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 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's Addition to the
City of Lansing, Ingham County, Michigan (Liber 4, page 25) to the
Northeast 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 said Longyear'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 following described parcel;
thence continuing N88 53' 28'W, 390.06 feet along said North line and the
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 to the City of Lansing, Ingham
County, 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 the
point 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
316 N. CAPITOL AVE., SUITE D-1
Virg Bernero, Mayor

CITY OF LANSING
NOTICE 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. in
the City Council Chambers, 10 th Floor City Hall, 124 W. Michigan Ave., Lansing, Michigan, to
consider an ordinance to establish a historic district at the Marshall Street Armory, 330 Marshall
Street, 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's
Addition to the City of Lansing, Ingham County, Michigan (Liber 4, page 25) to the
Northeast 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 said
Longyear'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 following
described parcel; thence continuing N88 53' 28'W, 390.06 feet along said North line and
the 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 to
the City of Lansing, Ingham County, 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 the
point 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 this
matter, please attend the public hearing or send a representative. Written comments will be
accepted 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 of
Ordinances be amended by providing for the establishment of:

The Marshall Street Armory Station 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,

under Section 1220.03(c) of the Code, was introduced by the Committee on


Development and Planning, read a first and second time by its title and referred to the
Committee 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 Approved for placement on the City Council agenda:

John M. Roberts, Jr., Interim City Attorney Date


DRA FT
Chapter 1220, Sec 22 12/10/2010

1 ORDINANCE NO. 1220.22

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 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


DRAFT
Chapter 1220, Sec 22 12/10/2010

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

20 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

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

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

25 53'28"W, 369.49 FEET ALONG THE NORTH LINE OF SAID LONGYEAR'S

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

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

28 20) TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED

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

30 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

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

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

36 30'42"W, 502.98 FEET TO THE POINT OF BEGINNING,

Page 2 of 3 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


DRAFT
Chapter 1220, Sec 22 12/10/2010

37

38 IS HEREBY ESTABLISHED AS A LANSING HISTORIC DISTRICT IN

39 ACCORDANCE WITH THIS CHAPTER.

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

41 are hereby repealed.

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


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

44 other than the part so declared to be invalid.

45 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. 1 :II (11\,1


ai 'lir''"

48 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 Approved for placement on the City Council agenda:

Brigham Smith, City Attorney


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 on
May 10, 2010 pursuant to Chapter 1220 of the Lansing Code of Ordinances with the powers and duties
thereunder to conduct studies and make reports and recommendations regarding the former Marshall Street
Armory, 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 being
appointed.

STUDY COMMITTEE MEMBERS

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

Cassandra Nelson has a Masters Degree in Historic Preservation, is former preservation specialist for the
Michigan 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 and
consultant, and serves on the Historic District Commission.

Nathalie Winans is a Research Associate at Public Policy Associates, Incorporated, a nationally focused public
policy research firm, and serves on the Historic District Commission. Her specialty areas include land use, urban
and 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 uses
the 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 National
Guard 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 trim
and ornamentation throughout. The main entrance is accessed by a central stair and features a carved stone
eagle resting on a Tudor arch above the front door. A stone panel with a carving of crossed cannons is centered
in the crenellated parapet wall. The building was constructed in 1924 and designed by Lynn W. Fry. A 1941
renovation was designed by Lansing architects Lee Black and Kenneth C. Black. The renovation was minor and
included some alterations to the basement as well adding a gravel drive and concrete loading area to the east
side of the site. The property originally contained a riding hall, several storage buildings and a vehicle storage
building (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 Middle
School and the Lansing Catholic Central High School. The armory building faces south on a small park separating
it from the adjacent residential neighborhood. The small park in front of the building is a flat grassy area with a
few 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 the
building, past the front and to the east side where there is a gravel parking area. The site is generally flat except
for where the ground cuts away with concrete retaining walls on the north and east sides giving access to the
basement level. The rear two-third of the building is surrounded by a chain link fence. Overgrown shrubs are
located in front of the building. A concrete ramp with metal railing runs along the west half of the front of the
building to access the front doors.

The building plan is typical of that for armories of the period, with a two-story headhouse or administration area
in the front and a two-story drill hall behind. The drill hall has one-story wings running along both sides. The
front 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 entrance
bay contains a set of three aluminum and glass doors, with arched top transoms, below a stone Tudor arch
resting on brick piers. A carved stone eagle with spread wings is perched over the center of the arch. The
second floor contains three single windows topped by a large stone band. There is a square stone medallion
with a crossed cannon relief in the center of the gable parapet. The entrance bay is flanked by heavy brick piers
which step back and have center spikes at the tops. The entire bay is capped by stone coping and trim along the
top of the wall.

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

The front section of the building is three bays deep, the bays separated by brick piers, and containing aluminum
windows at the first and second floors. The heavy stone band continues from the front of the building at the top
of 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 that
continue in the taller drill hall wall which is set back. Each bay at the first and second levels contains a set of
three 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 side
basement level is not above ground, and has a pair of solid metal doors and concrete loading dock toward the
rear of the building. The east side basement level is at ground level and each bay contains a single metal door
beside 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 and
contains no openings except for an overhead rolling garage door in the center at ground level. The west third
has a higher ground level and has a set of double doors and two aluminum windows at the first floor level. A tall
brick chimney rises above this section. The east third is at the lower level and has a single door and two
windows at ground level with three single aluminum windows above at the first floor. All of the sections have
stone 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 tile
floors, painted glazed block walls and a plaster ceiling. The east side of the lobby accesses the metal stair
leading to the basement and second floor. It also leads to the officers' club in the front of the building which has
been remodeled with carpeted floors, painted glazed block walls and a tile ceiling. The west side of the lobby
leads to a double-loaded corridor containing offices and restrooms. To the north of the lobby two sets of wood
paneled double-doors lead to the drill hall. It has a wood floor that is painted for basketball and the center of
the court has the double-crossed cannon motif. There is a stage at the north end of the hall, while the west side
of 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 the
1941 renovation. The north end of the hall leads to a kitchen, the backstage area, and a metal stair leading to
the basement level.

The second floor has a central lobby with windows overlooking the drill hall and a wood and glass skylight in the
center. Double-loaded corridors branch off each side of the lobby. The corridors contain offices, a movie
projection booth and restrooms. The walls are either painted or covered with wood paneling. There is plaster
and 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 storage
rooms 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 vault
rooms on the east side were added in the 1941 renovation as were the metal grills covering the basement
windows. 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. One
hundred 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 ' s
Addition to the City of Lansing, Ingham County, Michigan (Liber 4, page 25) to the Northeast 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 said Longyear'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 following described
parcel; thence continuing N88 53' 28 ' W, 390.06 feet along said North line and the 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 to the City of Lansing, Ingham County, 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 the point of
beginning.

BOUNDARY JUSTIFICATION

The property is the entire parcel remaining from the and historically associated with the armory. Other
portions that do not contain buildings were previously sold by the State of Michigan to other owners. To the
south is a residential neighborhood and to the north and west are two newer schools with associated athletic
fields 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 model
of the militias in other areas of the United States, operating as a community based defense (Mannik & Smith
2009, 5-1). Territorial laws enacted in 1787 and 1792 applied to Michigan when it became part of the Northwest
Territory in 1796. These early laws required male citizens between the ages of 18 and 45 to serve in the military
and provide their own firearms, ammunition and equipment. After Michigan became a separate territory in
1805 it enacted its own militia law which required all males between the ages of 14 and 50 to serve, and allowed
the territorial governor to organize the troops, appoint officers, set training days, and direct other related
routine activities (CCRG 1996, 6).

The territorial militia was called to official duty three times before Michigan became a state in 1837. The first
was during the War of 1812 during the ill-fated invasion of Upper Canada. Two hundred men participated under
then 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 in
January 1813. The second call to service was in 1832 during the Black Hawk War when troops were ordered to
Iowa to assist. However, the troops were quickly recalled when it became apparent they were not needed. The
Toledo War of 1835 also brought the troops into service, but without combat when the boundary dispute
between 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 Fort
Dearborn from Michigan sympathizers who plotted to steal arms for a Canadian effort to fight English crown
appointed administrators. In 1839 the Michigan legislature enacted a law that created a brigade called the State
Guards for defense of the state. In 1846 the United States government requested specific numbers of troops
from each state to aid in the Mexican War. The First Michigan Volunteers went into service for six months but
never 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 was
abolished in 1848. However in 1859 the state created the State Military Board and appropriated three thousand
dollars 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 First
Regiment was organized and was the first group from west of the Alleghenies to reach Virginia. By the end of
1861 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 (CCRG
1996, 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 an
increase 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 also
resulted in changes to military law in Michigan and other states. Beginning in 1891 the Michigan State Troops
were called the Michigan National Guard and they joined the Interstate Guard Association which later was
absorbed into the National Guard Association. Both organizations emphasized their separation from the regular
military.

The Spanish-American War brought a call for volunteer militia members; however, only individuals could
volunteer, not entire units. The Michigan men that volunteered were organized into four Michigan Volunteer
Infantry 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 Guard
Association, Major General Charles Dick. This legislation provided an annual federal appropriation of four
million dollars for state militias and provided the units with standard military weapons and uniforms and pay for
members called to active duty. In turn the units were required to have twenty-four drill days and a five-day
summer encampment each year. Regular Army officers were assigned to help train the units and new types of
units were formed including medical, engineer, and signal companies. This law also required the President of
the United States to call National Guard members into active service before other volunteers, but did not allow
for the units to remain organizationally intact when brought into service with the larger armed forces. Members
were called individually into federal service and put into the federal organizational structure. At the state level
the units remained intact when called by their respective governors.

The federal attention to the National Guard spurred the Michigan legislature to completely reorganize the
Michigan 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 organized
with detachments in Lansing, Pontiac and Mason. This did not work and it was quickly changed to have three
sections 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-going
annual appropriation to pay for attendance at drills, and for the construction and purchase of armories. This
reliable source of money allowed for the design and construction of armories around the state. The armory
appropriation was thirty thousand dollars per year and was deposited into the armory building fund. By 1940
this yearly investment provided for the construction or purchase of thirty-five armories across the state. Prior to
1909 all costs associated with the armories fell to the local community and unit. The passage of the 1909 law
gave control of the design, bidding, construction and maintenance of armories to the State Military Board, with
the costs for an armory initially limited to fifteen thousand dollars per company occupying the armory. The
same costs were allowed for purchasing existing armories if they did not exceed the value of the building and
land. For new armories, land was to be provided to the state at no cost, and the 1909 act allowed the state to
condemn property to construct armories, and required that the land be owned and managed by the state and
not subject to any taxes. Costs exceeding those allowed by the state could be covered by the local municipality
and 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 the
1800s. In 1913 and 1914 three thousand troops were called to the Upper Peninsula during the copper mine
strikes. At the request of the mining companies the governor called the troops to "restore order and protect
property." The reality was the Guard was being used to oppose organize labor that had initiated the strikes, a
low-point in Guard history and a carry-over from the earlier use of the Guard during labor strikes in the late
1800s.

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

In July 1917 all units of the Michigan National Guard were called into service for World War I. The 32 nd Division
was comprised of troops from Michigan and Wisconsin. The 32 nd Division was sent to France in February 1918
and was among the first American troops to enter Germany during the Marnes ' offensive. Serving until the
armistice in November 1918 the Division lost over 14,000 men, which ranked it third among U.S. Army units in
total 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 into
federal service ended and Michigan was essentially left without any National Guard members. In 1920 federal
and 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 as
possible in the states.

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

The Depression increased the membership in the National Guard because of the severe unemployment and the
ability to earn money by participating in drills from money provided through New Deal programs (ibid., 5-4). In
1933 an amendment to the National Defense Act made the National Guard part of the United States ' permanent
military 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-Down
strike at a number of General Motor's plants. The role of the Guard was much different than during the cooper
mine strikes in the Upper Peninsula. The governor refused to use the Guard to remove the strikers from the
factories, and instead insisted that the conflict be resolved peacefully through negotiations between General
Motors 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. Colonel
Lewis was in constant communication with Governor Murphy and both men went to great lengths to keep the
Guard 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 as
police. Guard members were under strict orders to set aside any personal feelings about the situation and the
Guard successfully prevented any bloodshed or destruction of property. "At least part of the credit for the
peaceful 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 a
reorganization statewide which included changing and adding units. In October 1940 the entire Michigan
nd
National Guard was ordered into federal service and sent for training. The 32 Division served in the European
and 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 121
units 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 as
the 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 federal
funding for additions and alterations to existing armories. The program was not fully funded initially and
emphasized a seventy-five percent federal to twenty-five percent state match for construction. Four
standardized armory plans, designed by the U.S. Army Corps of Engineers were circulated nationwide (Mannik
and Smith 2009, 5-6).

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

7
Within Michigan the Guard was called on to suppress riots in Benton Harbor in 1966 and in Detroit in 1967 and
1968. More recently the Guard has aided with natural disaster relief such as the Seney Forest Fire in 1976, the
blizzard of 1978, the Kalamazoo tornado in 1980, and winter storms in the Upper Peninsula in 1995. Some
members were deployed in the Persian Gulf Conflict in the early 1990s, as well as for peace-keeping missions in
Haiti, Bosnia, Panama and Yugoslavia. Since 2001 troops have aided Homeland Security at commercial airports
and 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 officially
organized the volunteer Michigan State Troops. On March 17, 1876, Colonel D. Henry McComas organized
ninety-seven recruits, including some from two independent military companies, who adopted bylaws and a
constitution based on the Detroit Light Infantry. Calling themselves the Lansing Light Guards or Company H of
the First Regiment (later changed to Company E), the group had their first annual encampment in Jackson in
August, 1876. The first armory for the group was in the building that became the Lansing Business University as
of 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 encampment
of the first brigade of the state troops at Camp Chandler. In 1887 they moved to new quarters on Capitol
Avenue where they remained until sometime between 1896 and 1898. In the 1898 Lansing City Directory
Armory Hall is listed as being located at 109-113 East Ottawa. A short history of the unit lists them as "now in
31st Rgmt. M.V.I. " as a provisional company, with drills every Thursday evening and business meetings the first
Monday of each month. It lists the "Armory, north side Ottawa Street, Sanford block, second floor, between
Grand 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 unit
reported to Muskegon to quell a riot, which was done without incident. In 1894 the unit was called to the
armory to be ready to deploy to Battle Creek. After spending a day at the armory the unit was not needed and
the 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 2nd
Infantry is still listed at their armory at 115 East Ottawa Street. By the 1912 directory, Company E is no longer
listed, 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 suggest
that 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 the
armory building fund shows "Appropriations Undrawn " in the amount of $45,000 for Lansing with the
appropriation available as of July 1, 1917. The State Military Board meeting minutes of August 20, 1919, contain
the following: "The matter of continuing the lease of the Lansing Armory was introduced and discussed. Motion
by Major Rogers that a new lease be entered into for the Lansing Armory at $1800 per annum with privilege of
renewal 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 these
rents were for the facility on South Capitol as the city directories list the building as the armory through 1925.

nd
The reorganization of the Michigan National Guard started in 1920 created the 32 Division, and the Lansing
unit was designated the 119th Field Artillery. It received federal recognition in February 1922, was designated as
horse-drawn 75 mm, and was made up of all of the previous Lansing units and others. Even though money was
appropriated in 1917, the new riding hall for the 119th Field Artillery was not constructed until 1922. The delay
presumably resulted from World War I and post-war recruitment and reorganization. Designed by state
architect Lynn W. Fry, the large brick and glass structure had a large open riding floor and storage for
equipment. It was located north of the present day armory, but was demolished circa 2000. In 1924 the
present armory building was constructed on the property. Also designed by Lynn W. Fry, the two-story brick
building contained a drill hall, storage, and offices for the unit as well as room for recreation and social
gatherings, including an officer's club. The armory was built during a seventeen year period when Michigan
constructed 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 and
community gatherings. It filled a typical role of armories in smaller Michigan communities. The drill hall was
large enough to accommodate large groups of people, and the facilities were often rented out. This tradition
continued at the Lansing armory at least through 1995 when the Michigan Antique Radio Club leased the facility
for swap meets.

In 1933 the 119th Field Artillery was converted to a truck-drawn 75mm unit. In 1940 the 119th Field Artillery
nd
retained its designation, but was slightly reorganized, changed to a 115-mm gun unit, and transferred to the 72
Field Artillery Brigade, Corps Auxiliary. In 1941 Lee Black and Kenneth C. Black, architects of Lansing designed
modifications 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. Fry
between 1921 and 1925. These include Adrian (1925), Charlotte (1924), Flint (1924), and Holland (1924). The
Flint armory has a nearly identical design and layout to Lansing. Other similar armories - all constructed after
the 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. He
served in World War I as a Second Lieutenant in the artillery in France where he was wounded and eventually
trained 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 was
during this time that Fry designed armories in Adrian, Charlotte, Flint, Holland, Lansing and the re-build of the
Coldwater 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 lasted
until 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 Slauson
Junior High School in Ann Arbor.

Beginning in 1942 Fry began working for the University of Michigan, first as the Director of Plant Extension, then
as university architect in 1945. As university architect Fry was responsible for development of the north campus
and hired a number of notable firms to design university buildings including Harley Ellington, Albert Kahn, Eero
Saarinen, Holabird and Root, Skidmore, Owings and Merrill, Giffels and Valet and Minoru Yamasaki. He retired
from 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 was
completed until 1960. It ceased being used as an armory in 2005.

The National Register Criteria


The quality of significance in American history, architecture, archaeology, engineering, and culture is
present 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 of
our history;

The Lansing Artillery Michigan National Guard Armory is significant at the local level under criterion A for its role
in 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 represent
the work of a master, or that possess high artistic values, or that represent a significant and distinguishable
entity whose components may lack individual distinction.

As a notable example of armory design in Michigan and one of a number of surviving National Guard armories
built across Michigan in the early twentieth 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.

CONCLUSION

In conclusion, the study committee finds that the Marshall Street Armory located at 330 Marshall Street meets
the criteria of the National Register of Historic Places and should be designated as a single resource local historic
district. The armory is significant at the local level under criterion A for its role in the military defense of
Michigan and for its role in hosting local Lansing events; and under criterion C as a notable example of armory
design in Michigan and one of a number of surviving National Guard armories built across Michigan in the early
twentieth 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, pub. Lansing City Directory, 1912. Lansing: Chilson & McKinley, 1912.

Chilson & McKinley, pub. Lansing City Directory, 1919. Lansing: Chilson & McKinley, 1919.

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) at
Selected 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 Property
Documentation 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
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 9, 2010

RE: Supporting Document- Correspondence from Miller Canfield Law Finn- Explanation
of Ordinance Authorizing Sewage Disposal System Refunding Bond

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

VB/rh
Attachment

"Equal Opportunity Employer"


ruin i^.!c:.I iii 1 852 MICI-ROAN: Ann Arbor

MILLE
by Sidney Davy i\7iller Detroit • Grand Rapids
Kalamazoo • Lansing
Saginaw • Troy

ANEIELD FLORIDA: Tampa


ILLINOIS: Chicago
New YORK: New York
Wn,LIAt 1 J. DANNor Miller, Canfield, Paddock and Stone, P.L.C.
TEL (517) 483-4907 onto: Cincinnati
One Michigan Avenue, Suite 900
E-MAIL <laahol'n millereanIicld.com
Lansing, Michigan 48933 CANADA: Toronto • Windsor
TEL (517) 487-2070 CHINA: Shanghai
FAX (517) 374-6304 MLIXICO: Monterrey
www.nri1lercaniield.com POLAND: Gdynia
Warsaw • Wroclaw

December 7, 2010

VIA MESSENGER
Gerald W. Ambrose
Chief of Staff/Director of Finance
City of Lansing
9th Floor City Hall
124 W. Michigan
Lansing , Ml. 48933

re: Ordinance to Authorize Issuance of


Sewage Disposal System Revenue Refunding Bonds

Dear Jerry:

Last week we sent you an ordinance to authorize issuance of Sewage Disposal


System Revenue Refunding Bonds for presentation to City Council. Although the
ordinance is called an ordinance under the Revenue Bond Act, it is not an ordinance in
the usual sense. The Revenue Bond Act (Act 94) has special provisions relating to
approval of the bond authorizing ordinance.

• The City Council may adopt the ordinance under Act 94 at the meeting at which it
is 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's


elected members.

• The ordinance shall become effective upon its adoption.

® The requirements of Act 94 are the sole requirements and shall not be limited by a
charter or statutory provisions, except that adoption is subject to provisions
permitting approval or disapproval of the chief executive or other officer of the
City 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 Refunding
Bonds the ordinance will need to be published once in the local newspaper. Section 20 of
the 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
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 9, 2010

RE: Budget Transfer- Homeland Security Grant Program Awarded Funds to Michigan
Region 1- City of Lansing Acting as Fiduciary for the Region

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

VB/rh
Attachment

"Equal Opportunity Employer"


BUDGET TRANSFER FY 2011

Prepared by :RJB_
Transfer #11-
Administrative x Appropriations
Executive _ Change of Intent
x Personnel x Other Costs _ Equipment
_ Capital Projects _ Debt Service _ Operating Transfer
Returned to Department for siqnature on: 12/01/10
SOURCE: STATE/FEDERAL PROGRAMS
FROM: 2009 HOMELAND SECURITY GRANT PROGRAM (HSGP)
Available
Order Account Number(s) Title Request Balance 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 of
Lansing as fiduciary agent (subgrantee) for the region. Grant # 2009-SS-T9-0060. Public Law 110-329 (2009) aka
Consolidated 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 Investment
Justifications to be implemented at the regional/local level. The project is effective from August 1, 2009 to April 30, 2012.

SUBJECT: STATE/FEDERAL PROGRAMS


TO: 2009 HOMELAND SECURITY GRANT PROGRAM (HSGP)
Available
Order Account Numbers Title Request Balance 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) include
special planning in three areas: (1) measuring progress in achieving National Preparedness .Guidelines, (2) strengthening
law enforcement attack deterrence, prevention, and protection (minimum $884,850 LETPP), and (3) strengthening
preparedness planning (minimum $803,533).

The proposed transfer: x has not resulted from or will not result in a material change in scope of
services.
represents a -terial change in scope of services.

DATE: / `/ it) /
DATE: /2>^2
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 MAYOR
9th Floor, City . Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

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

FROM: Mayor Virg Bernero

DATE: December 9, 2010

RE: Budget Transfer- Funds Available for Lansing Police Department's Special Operations
Vehicles

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

VB/rh
Attachment

"Equal Opportunity Employer"


BUDGET TRANSFER FY2011

Prepared by :_RJB
Transfer #11-000
Administrative x Appropriations
Executive Change of Intent
Personnel x Other Costs x Equipment
Capital Projects Debt Service Operating Transfer

Returned to Department for signature on:11/15/10


TRANSFER FROM: FORFEITURE FUND
SOURCE: SPECIAL OPERATIONS - 267 FUND
Available
Order Account Number s Title Request Balance as of:
267.0.679100.0 Fund Balance $ 136,250.00 $- 6;-' 11/15/10
`-/?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
Available
Order Account Number(s) Title Request Balance 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 used
for anti-drug operations by the Special Operations section of the Lansing Police Department. The special operations
replacement cars are provided and serviced by city's Fleet Maintenance Division (Central Garage); previously, the
Garage has not charged equipment rental to the restricted fund. The amount of $31,250 is a partial year of restricted
fund 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/fb
Approved by Ways & Means Approved by Council: Resolution #

c:\myfiles\backup\Ipd\transfer\011 Special Ops Cars.doc


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

Virg Bernero, Mayor

TO: City Council' President A'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

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

VBirh
Attachment

"Equal Opportunity Employer"


BUDGET TRANSFER FY 2011
Prepared by: RJB
Transfer # 11-000
Administrative x Appropriations
Executive Change of Intent
_ Personnel x Other Costs Equipment
_ Capital Projects Debt Service _ Operating Transfer
Returned to Department for Signature: 10/20/10
SOURCE: STATE & FEDERAL PROGRAMS
FROM: PUBLIC ACT 302 - SWORN OFFICER TRAINING
Available
Order Account Number(s) Title Request Balance 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 PROGRAMS


TO: PUBLIC ACT 302 - SWORN OFFICER TRAINING
Available
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 training
programs. 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
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
l Ot' Floor City Hall
Lansing, 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 June
30, 2014. This nominee has been vetted and meets the qualifications to serve on boards and
commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

To: Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

Subject: Resolution- 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.

Date: December 9, 2010

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

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

Attachments

"Equal Opportunity Employer"


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 the
appointment of Jeremy Garza, 5616 Ellendale Drive, Lansing, MI 48911 to a Journeyman
position on the Board of Plumbing for a terns to expire June 30, 2014.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933=1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 8, 2010

Council President A'Lynne Robinson and


City Council Members
10 Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

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 a
term to expire June 30, 2014. This nominee has been vetted and meets the qualifications to serve on
boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

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

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the 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

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the
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
V .z x

OFFICE OF THE MAYOR


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

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
loth Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

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 term
to expire June 30, 2012. This nominee has been vetted and meets the qualifications to serve on
boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

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

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the 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.

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the
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.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 7, 2010

Council President A'Lynne Robinson and


City Council Members
loth Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

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 term
to expire June 30, 2014. This nominee has been vetted and meets the qualifications to serve on
boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

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

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the 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

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the
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
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
l 0th
Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

I herewith submit for your confirmation the appointment of Michael Schury, 1611 S. Genesee
Drive, Lansing, MI 48915 as an At-Large member of Saginaw Corridor Improvement Authority for
a term to expire June 30, 2014. This nominee has been vetted and meets the qualifications to serve
on boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bemero, Mayor

From: Joe McDonald, Community Outreach Coordinator

Subject: Resolution- Appointment of Michael Schury of 1611 S. Genesee Drive, Lansing, MI 48915
as an At-Large member of Saginaw Corridor Improvement Authority for a term to expire June
30, 2014.

Date: December 9, 2010

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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 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 the.
appointment of Michael Schury of 1611 S. Genesee Drive, Lansing, MI 48915 as an At-Large
member of Saginaw Corridor Improvement Authority for a term to expire June 30, 2014.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
l0t1 Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

I herewith submit for your confirmation the appointment of Chris Strugar-Fritsch, 7230 Physical
Plant Department, P.O. Box 40010 Lansing, MI 48901 as an At-Large member of Saginaw Avenue
Corridor Improvement Authority for a term to expire June 30, 2012. This nominee has been vetted
and meets the qualifications to serve on boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

To: Virg Bemero, Mayor

From: Joe McDonald, Community Outreach Coordinator

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 Authority
for a term to expire June 30, 2012.

Date: December 9, 2010

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the 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 Authority for a term to expire June 30, 2012.

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confilins the
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
Authority for a term to expire June 30, 2012.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

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 Authority
for a term to expire June 30, 2013. This nominee has been vetted and meets the qualifications to
serve on boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

Subject: Resolution- Appointment of Scott Gillespie of 7240 Farm Hill Drive, Lansing, MI
48917 as an At-Large member of Michigan Avenue Corridor Improvement Authority for a term to
expire June 30, 2013.

Date: December 9, 2010

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

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 Improvement
Authority for a term to expire June 30, 2013.

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the
appointment of of Scott Gillespie of 7240 Farm Hill Drive, Lansing, MI 48917 as an At-Large
member of Michigan Avenue Corridor Improvement Authority for a term to expire June 30,
2013.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
10t'i Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

I herewith submit for your confirmation the appointment of Joseph Ruth, 6480 Kernwood, East
Lansing, MI 48823 as an At-Large member of Michigan Avenue Corridor Improvement Authority
for a term to expire June 30, 2014. This nominee has been vetted and meets the qualifications to
serve on boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To: Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

Subject: Resolution- Appointment of Joseph Ruth of 6480 Kernwood, East Lansing, MI 48823
as an At-Large member of Michigan Avenue Corridor Improvement Authority for a term to expire
June 30, 2014.

Date: December 9, 2010

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment of Appointment of Joseph Ruth of 6480
Kernwood, East Lansing, MI 48823 as an At-Large member of Michigan Avenue Corridor
Improvement Authority 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 the
appointment of Appointment of Joseph Ruth of 6480 Kernwood, East Lansing, MI 48823 as an
At-Large member of Michigan Avenue Corridor Improvement Authority for a term to expire
June 30, 2014.
OFFICE OF THE MAYOR
9th Floor, City Hall
124 W. Michigan Avenue
Lansing, Michigan 48933-1694
(517) 483-4141 (voice)
(517) 483-4479 (TDD)
(517) 483-6066 (Fax)

Virg Bernero, Mayor

December 2, 2010

Council President A'Lynne Robinson and


City Council Members
10th Floor City Hall
Lansing, MI 48933

Dear President Robinson and City Council Members:

I herewith submit for your confirmation the appointment of Joan Battley-Finken, 6663 Quaint
Ridge Trail, Brighton, MI 48116 as an At-Large member of Michigan Avenue Corridor
Improvement Authority for a term to expire June 30, 2012. This nominee has been vetted and
meets the qualifications to serve on boards and commissions as required by the City Charter.

Your confirmation of this appointment is appreciated.

Sincerely,

Virg Bernero
Mayor

"Equal Opportunity Employer"


City of Lansing

Inter-Departmental
Memorandum

Virg Bernero, Mayor

To Virg Bernero, Mayor

From: Joe McDonald, Community Outreach Coordinator

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 Authority
for a term to expire June 30, 2012.

Date: December 9, 2010

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

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

Attachments

"Equal Opportunity Employer"


BY THE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, the Mayor made the appointment 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 June 30, 2012.

WHEREAS, the Committee met on and took affirmative action;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby confirms the
appointment 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 June
30, 2012.
Michigan Department of Energy, Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505

LOCAL GOVERNMENT 15-DAY NOTICE


[Authorized by R 436.1105 (2d) and (3)]

V' ( , = 01i RJ
DECEMBER 2, 2010
DEC 06 2010
LANSING CITY COUNCIL
'ATTN: CLERK
LANSING 0u h Y 000N01
124 W MICHIGAN AVENUE
LANSING, MI 48933-1694

REQUEST ID #: 572752

THE MICHIGAN LIQUOR CONTROL COMMISSION HAS RECEIVED AN APPLICATION FROM RAVNEET, INC. TO
TRANSFER OWNERSHIP OF 2010 SDD & SDM LICENSED BUSINESS, LOCATED AT 4013 AURELIUS, LANSING, MI
48910, 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 the
premises only. Specially Designated Distributor (SDD) licenses peu.nit the sale of alcoholic liquor, other than
beer 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 enforcement
agency 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 and
Related Laws for off-premise licenses, the local governing body, or its designee, may notify the Commission at
the above address within 15 days 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 other factors.

All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A
copy 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) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: R436.1105(2d) and (3) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
Michigan Department of Energy, Labor & Economic Growth
MICHIGAN LIQUOR CONTROL COMMISSION (MLCC)
7150 Harris Drive, P.O. Box 30005
Lansing, Michigan 48909-7505

LOCAL GOVERNMENT 15-DAY NOTICE


[Authorized by R 436.1105 (2d) and (3)] s
VCE_D
December 1, 2010
DEC 06 2010
LANSING CITY COUNCIL
ATTN: CLERK
124 W. MICHIGAN AVE LA MM CITY COUNCIL
LANSING, MI 48933-1694

Request ID #: 572100

The Michigan Liquor Control Commission has received an application from 838 PENN, LLC TO TRANSFER
OWNERSHIP OF 2010 SDD AND SDM LICENSED BUSINESS LOCATED AT 838 N. PENNSYLVANIA, LANSING, MI
48906, 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 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 enforcement agency 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 and Related Laws for
off-premise licenses, the local governing body, or its designee, may notify the Commission at the above address within 15
days 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 other
factors.

All conditions of non-compliance must be outlined in detail, indicating the applicable laws and ordinances. A copy 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) 636-0204.

ch

LC-3104(Rev. 09/05) The Department of Labor & Economic Growth will not discriminate against any individual or group because of race, sex, religion, age,
Authority: R436.1105(2d) and (3) national origin, color, marital status, disability, or political beliefs. If you need help with reading, writing, hearing, etc., under the Americans
Completion: Mandatory with Disabilities Act, you may make your needs known to this agency.
Penalty: No License
JENNIFER M. GRANHOLM NI DA R.SAMONA
GOVERNOR CHAIRPERSON
'STATE OF MICHIGAN
LIQUOR CONTROL COMMISSION
DEPARTMENT OF LABOR & ECONOMIC GROWTH
ANDREW 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 and
Section 1113 of the Michigan Liquor Control Code of 1998, being MCL 436.2111 and MCL 436.2113. These
amendments allow 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.

MCL 436.2111 allows for the sale of beer and wine between the hours of 7:00 a.m. on Sunday and 2:00
a.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 Sunday
and 2:00 a.m. on Monday, unless the legislative body of a county or the local legislative body has prohibited
such sales.

If your governmental unit or county chooses to prohibit the sale of spirits, mixed spirit drink and/or beer and
wine between the hours of 7:00 a.m. on Sunday and 2:00 a.m. on Monday, please submit your resolution or
ordinance prohibiting such sales to this office by 5:00 p.m. on December 15, 2010. If we do not receive a
response from you by this deadline, we will assume that you currently have no resolution or ordinance that
would prohibit the sale of alcoholic liquor between the hours of 7:00 a.m. on Sunday' and 2:00 a.m. on
Monday. 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 Sunday
Sales Permits to our licensee's on December 16, 2010 in those governmental units that currently authorize
Sunday Sales.

If you have any questions regarding this matter, please feel free to contact this office at (517) 322-1400 or
toll free at 1-866-813-0011.

Very truly yours,

MICHIGAN LIQUOR CONTROL COMMISSION

Sharon Martin, Director


Licensing 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 Commission


7150 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, Clerk


City of Lansing
124 W. Michigan Ave., 9th Floor
Lansing, MI 48933

Dear Mr. Swope:

As part of Comcast's commitment to keep you informed about important developments that
affect our customers in your community, I am writing to notify you that we are again adding HD
channels 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 Sports
Entertainment her. FSN Plus HD ch 707 was added to Digital Starter. HD-capable equipment is
required to view these channels.

Effective December 14, 2010: Cultures channel 619 will no longer be available and Venemovies
West 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 to
Expanded 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 hereby
reports that Comcast 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. A similar report has
been 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. As
always, feel free to contact me directly at 517-334-5686 with any questions you may have.

Sincerely,

John P. Gardner
Government Affairs Manager
Comcast, Michigan Region
1401 E. Miller Rd.d
Lansing, MI 48911
Lansing City Council
124 W. Michigan Ave. 10th Floor
Lansing, 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 the
beer and wine license for 800 Baker. At that time both the Neighborhood Watch and Baker/Donora
Focus Center opposed this license and the City Council sent a letter to Liquor Control expressing our
issues.

Since that letter we have had the opportunity to meet with representatives of the lease holder and
reach a "Community Agreement". We are pleased that because of the actions of the Council it allowed
us 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 concerns
and 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 results
for 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, President


Lansing City Council
120 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 f o
longer remove snow from the public sidewalks in front of my home located at 3 815
Berwick Dr. Lansing, MI 48911.

Until The City of Lansing is responsible and responsive to it's Citizens, and can meet the
same standards The City imposes on its Citizens. The current City of Lansing Snow
Clearing Standards Dated November 15, 2010 are unclear and intended for a select group
of 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 snow
removal on residential streets in our community, then citizens should not be required to
be more responsible removing snow from the public sidewalks.

AGAIN AS OF DECEMBER 6, 2010 I QUIT WORKING FOR THE CITY OF


LANSING, MI.

Sincerely,

Darnell E. Oldham, Sr.

CC: Virg Bernero, Mayor


City Council Members
ty Clerk

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