Lansing (MI) City Council info packet for April 18 meeting

REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LANSING, MICHIGAN

CITY COUNCIL CHAMBERS, 10TH FLOOR LANSING CITY HALL

124 W. MICHIGAN AVENUE

AGENDA FOR APRIL 18, 2011 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, April 14, 2011, 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, April 18, 2011 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 April 4, 2011

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. Special Presentation; Budget Question and Answer Session

VII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERK

VIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of event – 1 minute limit)

IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERS

X. MAYOR’S COMMENTS

XI. SHOW CAUSE HEARINGS

XII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the following items on the agenda: public hearings, resolutions, ordinances for introduction, and ordinances for passage. The public may comment for up to three minutes. Speakers must sign up on white form.)

XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERS

A. REFERRAL OF PUBLIC HEARINGS

1

2

B. CONSENT AGENDA

1. BY THE COMMITTEE ON DEVELOPMENT AND PLANNING

a. Act-1-11; Acquisition of Property by Donation; Sesquicentennial Sculpture

2. BY THE COMMITTEE ON WAYS AND MEANS

a. Fiscal Year 2011 Budget Amendment; Public Education and Government (PEG) fees

C. RESOLUTIONS FOR ACTION

D. REPORTS FROM COUNCIL COMMITTEES

E. ORDINANCES FOR INTRODUCTION and Setting of Public Hearings

F. ORDINANCES FOR PASSAGE

1. BY THE COMMITTEE ON PUBLIC SAFETY

a. Adoption of an Ordinance of the City of Lansing to Amend Chapter 876, Section 5, of the Lansing Codified Ordinances by amending the list of establishments recognized by the city as being in operation prior to the effective date of Chapter 876

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 submitting:

i. Request for Recognition of Non-Profit Status in the City of Lansing submitted by Native Nations Foundation located at 201 Townsend St.

ii. Minutes of Boards and Authorities placed on file in the City Clerk’s Office

b. Letter(s) from the Mayor re:

i. SLU-1-2011; 300 Frandor Ave., Wireless Communications Tower

3

2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

a. Letters from the State of Michigan Department of Environmental Quality:

i. Providing a Notice to Local Unit(s) of Government of Land Use Restrictions for a corrective action plan as a result of a release from an underground storage tank submitted by Speedway, LLC for property located at 3625 S. Cedar St.

ii. Submitting a copy of an application for a permit submitted by 3301 East Michigan Partnership to alleviate current drainage issues within the parking area and to mill and re-surface a deteriorating asphalt parking area located at 3301 E. Michigan Ave., File No. 11-33-0010-P

b. Letter from Comcast Cable providing notice of its 9th annual Comcast Cares Day to be held April 30, 2011

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.

)RAFTBY THE PLANNING AND DEVELOPMENT COMMITTEE

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

Act-1-11, Sesquicentennial Sculpture

WHEREAS, the Lansing Economic Development Corporation and the LansingSesquicentennial Foundation request that the City accept the donation of aSesquicentennial Sculpture and appropriate permanent site for its placement on theeast side of the Grand River, between Michigan Avenue and Shiawassee Streets(the "Permanent Site"); and

WHEREAS, the City is encouraging public art and pedestrian activity in thedowntown area; and

WHEREAS, the sculpture and the cost of engineering and placement on thepermanent site are to be donated, with no cost to the city; and

WHEREAS, on April 5, 2011, the Planning Board reviewed the location, character,and extent of the proposal in accordance with its Act 33 Review procedures andfound that:

• The sculpture is proposed to be located near the Rivertrail, highlyaccessible by foot in an area where pedestrian traffic is encouraged. It islinked by the Rivertrail to a large number of Lansing attractions, therebyenhancing the pedestrian orientation of the downtown.

• The sculpture is a gleaming loop, mounted on a concrete pad. A raisedwalkway, accessible by a ramp, leads to the sculpture so it can be viewedup close or at a distance. Its sleek and modern appearance complementsthe new Accident Fund building across the river.

• The sculpture takes up a small niche in the park, leaving room forpedestrian activity, and will not impede public park uses; and

WHEREAS, the Board voted unanimously (4-0) to recommend approval of Act 1-11,to accept the donation of the Sesquicentennial Sculpture and place on thePermanent Site as offered, with conditions regarding safety, maintenance, andupkeep; and

WHEREAS, the Committee on Development and Planning has reviewed the reportand recommendation of the Planning Board and concurs therewith;

NOW, THEREFORE BE IT RESOLVED, that the Lansing City Council herebyapproves Act-1-11, and accepts the donation of the Sesquicentennial Sculpture,along with any monetary and in-kind gifts necessary for its placement, and approvesits Permanent Site and placement on the Rivertrail, with the following conditions:

DRAFT

RAFT1. The foundation for the sculpture be constructed and utilities relocated in

accordance with the engineered drawings, plans, and specifications fromC2AE, subject to:a. A certified playground safety inspector review the plans, especiallyregarding specific issues include pinch, crush, and shear points, protrusionand entanglement points, and areas of entrapment; andb. Final City approval of the drawings, plans, and specifications by theCity's Public Services Department.

2. Any utilities in this area be moved as needed and any existing irrigationsystem be re-designed and installed.3. Completion of the fund raising and the City's receipt of monetary and in-kinddonations sufficient to cover the entire expense of constructing the foundationfor the sculpture and placing the sculpture on the permanent site in accordancewith the terms herein.

BE IT FURTHER RESOLVED, that the Mayor, on behalf of the City, is herebyauthorized to accept the donation, sign and execute all documents necessary toeffectuate the aforementioned transaction(s), subject to their prior approval as tocontent and form by the City Attorney, and take all steps necessary to complete theproject.

BE IT FINALLY RESOLVED, the administration is authorized to receive donationsand to create the appropriate accounts and make necessary transfers for theexpenditure and control of any donations.

DRAFT

RESOLUTION #2011 -BY THE COMMITTEE ON WAYS AND MEANS


WHEREAS, the City has received $55,418 in Public Education and Government (PEG)fees from AT&T since the inception of our franchise agreement; and

WHEREAS, on an annual basis the City projects the receipt of $48,000 from AT&TPEG fees; and

WHEREAS, the City has determined that PEG fees from AT&T are not restricted tocapital costs and can be used for operational costs of the Office of Community Media;

NOW, THEREFORE, BE IT RESOLVED that the following FY 2010/2011 budgetamendment be approved:

Capital Improvement Fund Revenues:AT&T PEG Revenues

Capital Improvement Fund ExpendituresTransfer to the General Fund

General Fund RevenuesTransfer from the Capital Improvement Fund

General Fund ExpendituresOffice of Community Media Operating

48,000

48,000

48,000

48,000

PASSAGE OF ORDINANCE

An Ordinance of the City of Lansing to Amend Chapter 876, Section 5, of the LansingCodified Ordinances by amending the list of establishments recognized by the city asbeing in operation prior to the effective date of Chapter 876

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

By Council Member Wood

COUNCIL MEMBER

YEAS

NAYSDUNBAR

❑

❑

HEWITT

❑

❑

HOUGHTON

❑

❑

JEFFRIES

❑

❑

QUINNEY

❑

❑

ROBINSON

❑

❑

WOOD

❑

❑

YORKO

❑

❑

❑ ADOPTED

❑ FAILED

DRAFT #1.5APRIL 14, 2011

1

ORDINANCE NO.

2

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

3 CHAPTER 876, SECTION 5, OF THE LANSING CODIFIED ORDINANCES BY

4 AMENDING THE LIST OF ESTABLISHMENTS RECOGNIZED BY THE CITY AS BEING

5 IN OPERATION PRIOR TO THE EFFECTIVE DATE OF CHAPTER 876.

6

THE CITY OF LANSING ORDAINS:

7

Section 1. That Chapter 876, Section 5 of the Codified Ordinances of the City of

8 Lansing, Michigan, be and is hereby amended to read as follows:

876.05. Medical Marihuana establishments in operation

10 There shall be a rebuttable presumption that any medical marihuana establishment not listed in

11 this section was not operating on the effective date of this ordinance. Medical marihuana

12 establishments recognized by the city as being in operation prior to the effective date of this

13

ordinance are:

14

15

16

17

18

19

20

21

22

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"Alternative Choice Clinic" located

2310 East Michigan Avenue;at(a)

(b) "Capital City Caregivers/Capital City Growers Supply" located at 2208 East

Michigan Avenue;

.(c) "Capitol City Compassion Club" locate

, ,

"Relief Choices"

"Clinical(d) (Formerly

Avenue;

"Cloud 9" located

3413 South Cedar Street;at(e)

"Compassionate Apothecary Of Lansing" located at 2201 East Michigan(f)

Avenue;


1 "Grand River Alternative Medicine" located at 711 East Grand River(g)

2 Avenue;

3 "Green Cross" located

2019 East Michigan Avcnuc;at(h)

4 "Helping Hands" located

1400 South Cedar Street;at(i)

5 "Homemade Hydroponics/Altcmativc Medicine" located at 930 East Mt.(j)

6 HepeAvenuet

"Hydroworld LLC" located

1513 South Martin Luther King Blvd; 700at(k)

8 West Barnes Avenue;

407 East Grand River Avenue;and

9 "The Kushion " located

605 East Michigan Avenue;at(1)

10 "Mid Michigan Caregivers" located at 718 West Saginaw Street;(m)

11 "The Popcorn Bag" located

1824 East Michigan Avenue;at(n)

12 "Turtle's" located

2121 East Michigan Avenue;at(o)

13 "Victoria's Club Med A Sin" located

1039 North Cedar Street;at(p)

14 "Your Hgalth Choice LLC" located

628 East Michigan Avenue;at(q)

15 "Green Leaf Clinic" located

900 West Holmes Road, Suite C;at(r)

16 "Michigan Medical Marihuana Club" located

3203 North East Street;at(s)

17 "Cannabis Relief Services" located

3409 South Cedar Street;at(t)

18 "Green Solutions USA, LLC" located

3115 South Pennsylvania Avenue;at(u)

19 "L.B. Mary Jane" located at 3711 West Jolly Road;(v)

20 "Mid Michigan Patients Group" located

821 East Kalamazoo Street;at(w)

21 "Mid Michigan Patients Group" located

3826 South Martin Luther King,at(x)

22 Jr. Blvd;

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1 "Prctendicia" located at 2011 North East Street;(y)

2 "Star Buds" located

2012 North Larch Street;at(z)

3 "Best Buds" located

1105 South Washington Avenue;at(aa)

4 L.

5 Michigan Avenue

2314 East Michigan Avenue;and

6 "First Choice Organic Meds" located at 3105 South Cedar Street;(cc)

7 P :

8 "Critical Concepts" located

6020 South Pennsylvania Avenue, Suite 8;at,ee)

9 Management Group, LLC" located at 4924 Contec Drive;s

10 "The Hidden Leaf' located

913 East Saginaw Street;at(gg)

11 "Casa De Verde" located

330 South Martin Luther King Jr. Boulevard;at(hh)

12 "Nature's Bost Medicine" located

3308 South Cedar Strcct, Suite 10a;at(ii)

13 "Liberty Clinic" located

3310 Bardaville Drive, Suite 1B;at(}j)

14 "Casa Dc Vcrdc" located

3509 North East Streetat(kk)

15 21

2

.2(11) "Tri Castle Enterprise Inc" locate

16 Boulevard;

17

18 "THC Bakery & Cafe" located

909 Sparrow Avenue;at(nn)

19 "Baker's Delight" located

4411 Chadburne Drive;at(oo)

20 "G & S Concepts" located

117 East Kalamazoo Street;at(pp)

21 "Green Cross, LLC" located

2021 East Michigan Avenue;at(qq)


1224 Turner Strcct;at(IT)

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226 East Grand River Avenue;at(ss)

2 "Buono's MMC" located

1119 Turner Street;at(tt)

3 "A + B Service Consultants" located

3303 North East Street;at(uu)

4 "A + C Service Consultants" located at 3303 North East Street;(vv)

5 "A + D Service Consultants" located at 3303 North East Street;(ww)

6 "A + E Service Consultants" located at 3303 North East Street;(xx)

7 "A + F Service Consultants" located at 3303 North East Street;(yy)

8 "A + Caregiver" located

1917 West Saginaw Street;at(zz)

9 "A Plus M" located

3303 North East Street;at(aaa)

10 (bbb) "Mid American Compassionate

11 Square;

12 "Mr. Nice Guy R. ASSOCIATES" located

509 East Grand River Avenue,at(ccc)

13 Suite C;

14 "Rock Away Agency Inc." located

3165 East Michigan Avenue;at(ddd)

15 "Rock Away Agency Inc." located at 6120 South Cedar Street;(ccc)

16 "Green Harvest Releaf Clinic LLC" (aka "Green Harvest") DBA RELEAF(fff)

17 CLINIC located

409 East Grand River Avenue;at

18 "The Herbal Connection" located

1314 South Cedar Avenue;at(ggg)

19 "Michigan For The Future Inc" located

915 N Washington Avcnuc;at(hhh)

20 "Great Lakes Super Medical Marijuana Services" located

5812 D Southat(iii)

21 Cedar Street;

22 "Amsterdam Herbal Connection" located

1723 Bristol Street;at(jjj)

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1

(lddc) "Medical Herbal Suppliers" located at '1723 Bristol Street;

2

(111) "Apothercory Herbal Genetics" located at '1723 Bristol Street;

3

4

"A + B SERVICE CONSULTANTS" LOCATED AT 3303 NORTH EAST STREET;56 b "A + CAREGIVER" LOCATED AT 1917 WEST SAGINAW STREET;78 LO "A + C SERVICE CONSULTANTS" LOCATED AT 3303 NORTH EAST STREET;9

10

"A PLUS M" LOCATED AT 3303 NORTH EAST STREET;1112 Lel "BEST BUDS" LOCATED AT 1105 SOUTH WASHINGTON AVENUE;1314 (f) "BUONO'S MMC" LOCATED AT 1419 TURNER STREET;1516 fgl "CANNABIS RELIEF SERVICES" LOCATED AT 3409 SOUTH CEDAR STREET;1718 (h) "CAPITAL AREA COMPASSIONATE CARE CENTER" DBA "CAPITAL CITY

19

CAREGIVERS" LOCATED AT 2208 EAST MICHIGAN AVENUE, SUITE B;20

21

"CAPITOL CITY COMPASSION CLUB" LOCATED AT 2010 EAST MICHIGAN

22

AVENUE;2324 (j) "CASA DE VERDE" LOCATED AT 330 SOUTH MARTIN LUTHER KING JR.

25

BLVD;2627 1L). "C + K ENTERPRISES" DBA "COMPASSIONATE APOTHECARY OF LANSING"

28

LOCATED AT 2201 EAST MICHIGAN AVENUE;2930 l "CLOUD 9" LOCATED AT 3413 SOUTH CEDAR STREET;3132 (m) "CRITICAL CONCEPTS MANAGEMENT GROUP, LLC" LOCATED AT 6030

33

SOUTH PENNSYLVANIA AVENUE, SUITE 8;34

35

"CRITICAL CONCEPTS MANAGEMENT GROUP, LLC" LOCATED AT 4924

36

CONTEC DRIVE;3738 LO "EVOLVE ALTERNATIVE COMMUNITY FOUNDATION CENTER" LOCATED

39

AT 2312 EAST MICHIGAN AVENUE AND 2314 EAST MICHIGAN AVENUE;40

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1 (p) "FIRST CLASS FLIGHT" LOCATED AT 4215 NORTH GRAND RIVER AVENUE;23 (q) "GRAND RIVER ALTERNATIVE MEDICINE" LOCATED AT 711 EAST GRAND

4

RIVER AVENUE;56 .rl "GREAT LAKES SUPERIOR MEDICAL MARIJUANA SERVICES" LOCATED AT

7

5812-D SOUTH CEDAR STREET;8

9

"GREEN CROSS COMPASSION CLUB" LOCATED AT 2019 EAST MICHIGAN

10

AVENUE;11

12

"GREEN LEAF CLINIC" LOCATED AT 900 WEST HOLMES ROAD, SUITE C;1314 (u) "GREEN SOLUTIONS USA, LLC" LOCATED AT 3145 SOUTH PENNSYLVANIA

15

AVENUE;1617 fyl "G & S CONCEPTS" LOCATED AT 117 EAST KALAMAZOO STREET;1819 (w) "HELPING HANDS IMPORIAM LLC" LOCATED AT 4100 SOUTH CEDAR

20

STREET;21

22

"HOMEMADE HYDROPONICS LLC/ QUALITY ALTERNATIVE MEDICINE"

23

LOCATED AT 930 EAST MT. HOPE AVENUE;2425 (y) "HYDROWORLD LLC" LOCATED AT 4513 SOUTH MARTIN LUTHER KING

26

BLVD, 700 WEST BARNES AVENUE, AND 407 EAST GRAND RIVER AVENUE;27

28

"KGB DISTRIBUTORS" LOCATED AT 1122 WEST HOLMES ROAD, SUITE 8;2930 (aa) "KUSHION COMMUNITY COMPASSION CENTER" LOCATED AT 605 EAST

31

MICHIGAN AVENUE;3233 (bb) "L.B. MARY JANE" LOCATED AT 3711 WEST JOLLY ROAD;3435 (cc) "MARY JANE'S COMPASSION CLUB" LOCATED AT 917 WEST HOLMES

36

ROAD;3738 (dd) "MID-MICHIGAN PATIENTS GROUP" LOCATED AT 821 EAST KALAMAZOO

39

STREET, SUITE D2;4041 (ee) "MID-MICHIGAN PATIENTS GROUP" LOCATED AT 3826 SOUTH MARTIN

42

LUTHER KING, JR. BLVD;43

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1 (ff) "PRETENDICIA" LOCATED AT 2011 NORTH EAST STREET;23 (ggl "RELIEF CHOICES" LOCATED AT 2617 EAST MICHIGAN AVENUE;45 (hh) "ROCK AWAY AGENCY INC." LOCATED AT 3165 EAST MICHIGAN AVENUE;67 (ii) "ROCK AWAY AGENCY INC." LOCATED AT 6420 SOUTH CEDAR STREET;89 Lin "SJDR" DBA "MID MICHIGAN CAREGIVERS" LOCATED AT 718 WEST

10

SAGINAW STREET;1112 (kk) "STAR BUDS" LOCATED AT 2012 NORTH LARCH STREET;1314 all "THE HERBAL CONNECTION" LOCATED AT 4314 SOUTH CEDAR AVENUE;1516 (mml "THE HIDDEN LEAF" LOCATED AT 913 EAST SAGINAW STREET;1718 (nn) "THE POPCORN BAG" LOCATED AT 1824 EAST MICHIGAN AVENUE;1920 (oo) "T-N-T INDUSTRIES" LOCATED AT 2121 EAST MICHIGAN AVENUE;2122 (pp) "TOP SHELF BUDZ" LOCATED AT 1723 EAST MICHIGAN AVENUE;2324 (qq) "TRI-CASTLE ENTERPRISE INC" LOCATED AT 6026 SOUTH MARTIN LUTHER25

KING JR. BLVD;2627 (rr) "VICTORIA'S CLUB MED-A-SIN" LOCATED AT 1039 NORTH CEDAR STREET;2829 (ss) "YOUR HEALTHY CHOICE LLC" AND "TURTLE'S" LOCATED AT 628 EAST30 MICHIGAN AVENUE.3132

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

33 inconsistent with the provisions hereof are hereby repealed.

34

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

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

36

other than the part so declared to be invalid.

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1

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

2 immediate effect by City Council.

89

101112131415

Approved as to form:

City AttorneyDated:

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Chris SwopeLansing City Clerk

April 15, 2011

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

Dear Council Members:

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

Native Nations Foundation located at 201 Townsend St.

Sincerely,

Chris Swope, CMCLansing City Clerk

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

517-483-4131 0 517-377-0068 FAXclerk.cityoflansingmi.com [email protected]

BY THERESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAS, Native Nations Foundation has requested a resolution of recognition as aLocal Nonprofit Organization operating in the City of Lansing for the purpose ofobtaining a charitable gaming license pursuant to MCL 432.103 (9); and

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

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council, hereby,recognizes the Native Nations Foundation as a Local Nonprofit Organization operatingin 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 thisresolution to the Native Nations Foundation of 201 Townsend St., Suite 900, Lansing,MI 48933.

April 14, 2011

Lansing City Council124 W Michigan Ave tl 10Lansing, MI 43933-1605Fax: (517)483-7630

RE: Native Nations Foundation201 Townsend St. Suite 900Lansing MI 48823Fax: (517)374-9191Local Governing Body Resolution

Dear Sir/Madam:

The Native Nations Foundation. a nonprofit corporation based in L,at)sing. is applying for a charitablecome through the state of Michigan. A iequilohreilt Oi ohtiitmonj flats iiecnse is for the

zation to be rest ,ttied by the governing body tt here the organization is based. The proposedtill take place or} June I t ` 201 l Tlie iolioti ing, dtunirneilts are enclosed for your consideration:

1., Lansing City Council FZesoiution taint: Necessary for Charitable gaming raffle application

2. Letter from IRS: ztaYiti ' ati.rc Nation Foundation is classified 501(c)(3)

3 13vlascs: Signed ... died t iclucìii_ membership olio tia

Articles o

eorpuration: Filed w itlr C° r orations and Scoiiritic,, Bureau

Thank you for your attention to this resolution. Should you have and- questions, please f e i tiee to oniact. me.

Sincerely,

Mt T r llan Lacy Offices,PLLC

Richard D. McLellanAttorney at t201 To4wnseurl Sire t suit; 9+)Lansing, Ml 45933P:517;374.9111Ft 517.374.9191rdenc1ellan{%)co nrrias1 tat

eor,ral

LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES(Requited by iJPi;L:432.103(K')iii))

At a , meeting of the IIx SPCi::^

TOWNSHIP CITY , OR VII.t.ACS COUNCIL."ni7PRD

called to•order by on

at a,m,lp.m. the following resolution was offered:71515

Moved by and supported by

COuNTY NAME

nonprofit organization operating in the community for the purpose of obtaining charitable

ming licenses, be considered for aPPFLBChy!% CYRL

jtIbHiGaN Charitable Gamipg DivisionBunn:S,.Lansing, MI 41390i1OVERNIGHT DELIVERY:

y 's1t S HilI5daie ; Lansing MI 43939-_.' t51)as,STSO1„yrrERy}E ` ribs S'bC1} gan,govit*

g

APPROVAL

Yeas:

Nays'

Absent

DISAPPROVAL

Yeas:

Nays: .

Absent:

I hereby certify that the foregoing is a-true and complete copy of a restitution offered and

adopted by the at a

pCVY I %il-, CD Y . 011VILIAGS CRtiNtILIEDERD

REGULAR OR &N.- L

meeting held on

SIGNED:

TOWNSHIP Cls

L..l_MCE IDLER

i'FCNTi: ♦~^{tiAGi`tiA1IO TITS, i:'

ADDRESS

01

...

( dANal Alcya' batibh..j .

tY ,y f .CGPOS3(RC409)

BYLAWS . ' .

#ATWE NATIONS FOLTNPATION

ARTICLE I

OFFICES

Section Principal 93 The corporation's principal o&m ill located %t City- :

<#Lansing, County of Ingham, State aMichigan.

Section 2Registered Office. Theregistered office of the corporation may the sameas the principal o3ceof the corporation, temyeven must located in the State fMichigan,and be the business

of the registered agent, as required by thMichigan woe.

.

..

..

.

.Corporation t :«. »

Section /Other Business±+c. The i\mm may have business offices at suchother aseither within or without the State of Michigan, as the Board Directors maydetemline or as the affairs of the corporation may require from time to time.

ARTICLE II

h6lbew me r «

ARTICLE DI

OARD OF DIRECTORS

? $&

Gekr business proper y and atbe na age by its Board of Direct s.

Section 2. Number. There shall be not less than one Director on the Board.

Section ±Tenure. Each Director shall hold office kctterm for which the Director ista+$unsthe Director's successor is elected or appointed and qualified, or until

removal.

$&tio 4. Resignation. Any Director may resign providing w m notice thecorpora n. Resignation ±b effective upon receipt notification or 2 y wakk&tedesignated *t notice. ° y

zy\\ /\.®\<:\:

\

all Directors consent to the action in writing. Written consents shall be filed with the minutes ofBoard proceedings.

Section 15. compensation. Directors will not receive any stated salaries for theirservices, but by resolution of the Board of Directors, the Directors may be paid their expenses ofattendance, if any, at each regular or special meeting of the Board. Nothing herein contained will beconstrued to preclude any Director from serving the corporation in any other capacity and receivingcompensation therefor:

Section 16. Presumption of Assent. A Director of the corporation who is present at ameeting of the. Board of Directors at which action on any corporate matter is taken shall be presumedto have assented to the action taken unless that Director's dissent shall be entered in the minutes ofthe meeting or unless that Director shall file a wratten dissent to such action with the person acting asthe Secretary of the meeting before the adjourimlent thereof or shall forward such dissent byregistered mail to the Secretary of the corporation immediately after the adjournment of the meeting.This tight to dissent shall not apply to a Director who voted ui favor the such action.

Section ?_. Founding Committee. As providing in Article V of the Restated Articles oflucre aeration, the :n ou_sding Committee has the sole authority to appoint or remove without causeeach member of tie Bea e c Bfrecters or the co:p anoix.

Section 2. Standing _Committees. The Board of Directors may designate one or morestanding committees, each committee consisting of one or more Director. The Board may alsodesignate one or more Directors as alternate committee members, who may replace an absent ordisqualified member at a committee meeting. If a committee member is absent or disqualified fromvoting, then members present at a meeting who are not disqualified. from voting may, whether or notthey constitute a quorum, unario rusI; appoint another director to act at the committee meeting inplace of the absent or disqualified member. All committees designated by the Board of Directorsshall serve at the Board's pleasure.

A committee designated bye the Board of Directors may exercise any of the Board'spowers in managing the corporation's business and affairs, to the extent provided by Boardresolution. However, no committee shall have the power to:

Via}

amend the Articles of lncornoration;

(b;

adopt : agreement of nierge c; consolidation;

(c) amend Lie bylaws of the corporation;

(d) lit' vacancies In the Board; or

when the Executive Director or the Board of Directors instructs that igning be done with or by someother officer, agent or employee. The Executive Director shall see that all actions taken by the Boardof Directors are carried out and shall perform an other duties incident to the office; subject, however,to the Executive Director's right and the right of the Board of Directors to delegate any specificpower to any other officer of the corporation.

Section f. President. The President shall preside at all Board: of Directors meetings.The President shall have power to perform duties as may be assigned the President by the Board ofDirectors. In case the Executive Director is absent or finable to perform his or her duties, thePresident shall perform the Executive Director's duties until the Board directs otherwise. ThePresident shall perform all duties incident to the office.

Section 7. VicePresident. A Vice President shall have power to perform duties as maybe assigned to the Vice President by Board of Directors; In case the President is absent or unable to'reticent his or her duties, the Vice president shall perform the President's duties until the Boarddirects otherwise. The Vice President shall perform all duties incident to the office,

Section S. Secretary The Secretary shall keep minutes ofBoard of Directors meetings.The Secretary is responsible fo- providing notice to directors a required by law, the Articles . of.Incozporation, or by these bylaws. The Secretary shall be the custodian of corporate records and shallkeep a register of the names and addresses of each officer and Director. The Secretary shall performall duties incident to the office and other duties assigned by the Executive Director or. the Board ofDirectors.

lection 9. Treasurer.'TheTreasurer shall have charge and custody ov<er corporate fundsand securities and shall beep emulate books and records of corporate receipts and disbursements.The Treasurer shall also deposit all moneys and securities received by the co poration in thecorporations name at such depositories as may be designated by the Board of Directors. TheTreasurer shall perform all duties incident to the office and other duties assigned by the ExecutiveDirector or the Board o f Directors_

Section 1U. Siena-1g of C ontorate Documents. All corporate documents includingstooks, bonds, agreements, insurance and annuity contracts, qualified and aonga.alified deferredcompensation plans, checks, notes, disbursements, loans, and other debt obligations shall not besigned by any officer, designated agent or attorney-in-fact unless authorized by the Board ofDirectors or by these bylaws.

Section 1. ;Contracts. The Board of Directors may authorize any officer or officers,agent or agents, to enter into any contract, to execute and deliver any instrument, or to acknowledgeany instrument required by law to be acknowledged in the name of and on behalf of the corporation.Such authority may he general or confined to specific instances but the appointment, of any person

CONTRACTS, LOANS, CHECKS AND DEPOSITS;SPECid L, CORPORAATE.ACTS

notwithstanding the presence of such Director or Directors at the meeting of the Board of Directorsof the corporation which acts upon, or in reference to, such contract or transaction, andnotwithstanding the Director or Directors participation in such action, if the fact of such interest shallbe disclosed or laiowrr to the Board of Directors and the Board of Directors; shall, nevertheless,authorize, approve and ratify such contract or transaction by a vote of a majority of the Directorspresent, such interested Director or Directors to be counted in determining whether a quorum ispresent, but not to be counted as voting upon the matter or in calculating the majority of suchquorum necessary to carry such vote. This Section shall not be construed to invalidate any contractor other transaction which would otherwise be valid under the common and statutory law applicablethereto.

Section 1. Non-Derivative Actions. Subject to all of the other provisions of this Article,the corporation shall indemnify any person tt ho vas c r. is a party or is threatened to be made a partyto any threatened, pending or con°ipletod action, suit or proceeding, whether civil, criminal,administrative, or investigative and whether format or informal (other than an action by or in theright of the corporation) by reason of the fact that the person is or was a director or officer of thecorporation, or is or was serving at the request of the corporation as a director, officer, partner,trustee or employee, or agent of another foreign or domestic corporation, partnership, joint venture,trust or other enterprise, whether for profit or not for profit, against expenses (including attorneys'fees), judgments, penalties, fines; and amounts paid is settlcment actually and reasonably incurred byhim or her in connection with. suc h action, suit or proote'dtng if the person acted in good faithl and ina manner the persot reasonably haven to be in or not opposed to die beat iziterests of thecorporation, and with respect to arty criminal action of proceeding, if the person had no reasonablecause to believe his or her conduct was unlawful. The termination of any action, suit or proceedingby judgment, order, settlement, conviction, or upon a plea of noio contenders or its equivalent, shallnot, of itself, create a presumption that the person did not act in good faith and in a manner which theperson reasonably= behoved to be In or not apposed to the best interests of the corporation, and, withrespect to an}`,irinrsai action or pt c,,,e - nor had reasonable cause to believe that his or her conduct

Section 2. Derivative Actions, Subject to all of the provisions of this Article,corporation shall indemnify any person who was or is a party to or is threatened to be made a party to

any threatened, pending or completed action or suit'by or in the right of the corporation to procure ajudgment in its favor by reason of the fact that the person is or was director or officer of thecorporation, or is or was serving at the request of the corporation as a director, officer, partner,trustee, employee, at agent o z?noon' foreign or domestic corporation partnership, joint venture,trust or other ante ox-lee ho Ucr for 'o P or L'n again, expellseS(including r:s:sonable attorneys 'fees) and amounts paid in settlement Ingo i. c op/ tin-. poison in connection with suet: action or suit ifthe person acted in good faith and in a nraane: the person roasonably believed to bean ornot opposedto the best interests of the corporation. Houstevcr, indemnification shall not be made for any claim,issue or matter in which such person has been found liable to the corporation unless and only to theextent that the coun in which such action or suit was brought has determined upon

indemnify the person for the portion of the expenses, judgments, penalties, fines, or amounts paid insettlement for which the person is entitled to be indemnified.

Section S. Expense Advance. Expenses incurred in defending a civil or criminal action,suit or proceeding described in Section 1 or 2 of this Article may be paid by the corporation inadvance of the final disposition of such action, suit ni proceeding upon receipt of an undertaking byor on behalf of the person involved to repay the expenses if it is ultimately determined that theperson is not entitled to be indemnified by the corporation. The undertaking shall be an unlimitedgeneral obligation of the -. +e-son on whose behalf advances are made but need not be secured.

Section 9. Non-Exclusivity of Rights. The indemnification or advancement of expensesprovided under this Article is not exclusive of other rights to which a person seeking indemnificationor advancement of expenses may be entitled under a contractual arrangement with the corporation.However, the total amount of expenses advanced or indenunted from all sources combined shall notexceed the .amount of actual expenses incurred by the person seeking iridemmfication oradvancement of expenses.

Section 10. Indemnification of Employees and Agents of the Corporation . Thecorporationon may, to the extent authorized fron time to time by the Board of Directors, grant rights toindemnification and to the advancement of expenses to any employee or agent of the corporation tothe fullest extent of the provisions of this article with respect to the indemnification and advancementof expenses of directors and officers ofthe corporation:

non Funnel- Directors and officers. The indemnification provided in this ArticleConti. u; . as t0 a t ereon who has ceased o he. a director or officio cad shall inure to the benefit of theheirs, executors and aaanistrators of such person_

Scctior: l2. Insurance. The corporation may purchase and maintain insurance on behalffany person who is or was a director, officer, employee or agent of the corporation, or is or was

serving at the request of the corporation as a director, officer employee or agent of anothercorpor:tion, partnership, joint venture, trvst or other entcrpnse against any liabibty asserted against}in> and incurred o hire in an; such capacity or arising out of is status as such, whether or not thecorporation iti ou have power to rode, .sifv him against such liability under this : trticle or the lawsof the State of Michigan:

Section 11. Changes in MichiganLaw. In the event of any change of the Michiganstatutory provisions applicable to the corporation relating to the subject matter of this Article, thenthe indemnification to winch any person shall be entitled hereunder shall be determined by suchchanged nravisiens, but only to the extent that any such ch nge permita the corporationto provide'Loader ,ntlemni :.cation ng s l7 t soul: provisions pennisted the corporation to provide prior to anysuch change,

Michigan Department ofLabor & Eco. ( wtli

Filing Endorsement

This is

fot

NATIVE NATIONS FOUNDATION

ID NUMBER: 742588

received by facsimile transmission on June 27, 2005 is hereby endorsed filed on

June 28, 2005 by the Administrator. The document is effective on the date filed,

mess a subsequent effective date within 90 days after received date is stated in 'thedocument,

ire testimony whereof, f have hereunto set myhand and affixed the Seal of the Department,in the City of Lansing, this 28th dayof June, 2005.

;:Direcfar

Certify that the RESTATED ARTICLES OF INCORPORATION - NONPROFIT

Bureau of Cemrnercial Services.ni by Forzir»itr

rtsmisainr^ n5179

.00W e7 2005 1 1 . 3 8 AM FR D E - 5 T 517 07; 5180 TO G 51 mar437 P .02

.mgGAN DEPARTMENT OELABOR&ECQPJOMm GROWTH

OUREAU OF COMMERCIAL SERVICESv'ott euuttse ONLY)

RESTATED ARTICLES OF INCORPORATIONU y: m#+Nn kt w4 a,

?meetinga

& the ; h No r /CoVie= G/19 % as ancentled (the!Atf\bRMU-Q 2101 et, ag, tade cotparata as *e &hawing Restated Articlesewe r¥yResaed i lwy

hate of thc c po p m y can. 00EFoundationprecept

i+

ntunbtr. assigned by nit BI.ITOaO

742-5 :S8.

Q

has used no other. narnts.

Th+ &3e tint a , Articles of Incurporatioll was: November l lq

«Zestat Antiele

:« haborporation :aye t«t-x o

.

.

.

M&a £!

G:& acctm Foundation (the

TTCLEEl

am

f=which the Corporation lc organized ate:

K andadminister. funds for the f ta char

JUN 27 2005 11:39 AN

&EMA-G GE

517 374 9190 TO 915176366437

R ea

_6guty

an

Encourage the d opmant a§ative cornmtbaities through assistance'bal finances, economic development, and entrepreneurship;

Combat community deterioration +de

disq

a aud

prejudice by a s s i s t i n g n#+ financial institutions, b

es

and others 6cross-cultural efforts to improve +eeffectiveness oflatchtess relationships ¥&§6 corranuni ties;

Establ fellowship Q& apprograms, e,onduot ,ermnarR anddevelop partnerships ++>usinesses business schools, and other

G#« higher education &carrying o the als of'C

<\.\^ \ \ d z 2.. 2 . .

\

4 and prejudice : tab2 g programs tobus k/ that meet the Corporation'a standards

feffective dealing with

d2 .:\<° «<

<

Eliminate poverty by &,ming in tribal enterprise 66

+C3mnessos, kuain#developments, health ofacilities, k=catiaffacilities, and job-training programs a 'oy encouraging non-Nativebees °

hfacilities a enononarally depressed Nativeco

;

?- ©<

<<»«^ -

Elmantiate poverty by provide:1g

6 and working eapnnl to Nativeentrepreneurs who ate unable to obtain fonds from conventionalof gsurce,

.

.

.

.

Work cooperatively with ate, tribal and non-indian governments;

Defend hhuman aad

tights scoured by law En Native people

etzpases of these 1aum'Native Nations" wmwboth federallyrevogrug,cd G3a rriaea and other

communities .

^

2\

\

The Corporation la organized exclusively tor the purposes set tooth in Sectionk1««>of tho Internal Revenue Cock we56ortcorresponding provisionef any future alaitee States Internal Revenue law (the "Cade)

The Corporation, Sam all aeaenviti, incident to its Drpooes,shall &: limesbe on ed as to be w organization descril,ed in Section y:@>(3) +tCode. Notwithstanding a% other ptovision of meat

w Articles, theCorporation s & ooon any other t r not pennitted In be oat-dad on6=corporation c

federal

e_ modes Sco 51 ( theCode ana by a n&M$ 9l-po

erganiaed tinder the

the State oflatIchigan motto the Act.

JUN 27 2005 1 1 : 4 0 AM FR £Y MA SSETT 517 374 019 TO 015176066437

P.ea

The Corporation is organized on a non-stock, directorship

Themevalue of assets which the Corporation possesses is:

Real Property: NonePersonal Pappert SI 0

The Corporation to be financed under the following general ran:°/httitkons «funds and property, and the income genezated therefrom.

wyr: pCL£^«»\

The dress the registered office is:

d \^ \: 124 w.:«« Street, &800. \2

Lansing, :Al 4933 d22\ ?« \:The mailing address of the /\ ed eeam>

.tame of the resident agent at the regthat ed office is:

c D McLellan

ARTICLE V

(R& g Committee shrill }hive the sole authority to appoint and remove withootcause eae#= bR2^ Beard airehQeof the Corporation. The G2Fthhh;h,hg

shall?consist fWilliam T. Chess, PD., Rich«»MlL1

such other persons as the ;ndm$Committee Aa designate lhis Article ay not

ar eada without the consent of the

ARTICLE VI

.,.Anyaction. : aopermitted a be taken &mmeeting of the directors may be talitehwithout ameeting, without prior notice, andwithout & vote acosent 5writing, setting forththe action &taken, @47 by all of-the directors

al authorize or take the action at ameetingwhere all eligible « ; *ese present and voted. Stich consent shall have the sameeffect ffvote of the directors nd me be stated as each 5my articles or document filed a%the State of Mieldgan.

ARIA WI

±«+ the

ea of the Corporation shall Matt 05 th benefit of or hedistributable k its directors. <GoerS, aether pliYata

<eClit the r

62aauthorized k&empowered w#yredeemable compensation f sera lees rendered «as make

payments #¢t #k_6furthemaaJ the @w_=set forth in Article if

;6.tan6!$t of attivitiee of the C9¥&kshall be fee cilsaying on of propaganda, or otherwise

a

06/2,'/, 00.i .

AM

JUN G 2005 11:40 ,M FR D yKE,+ GOSSETT 517 374 9190

91517638.6437

attempting to influence legislation, arid theCoo than not participate

'interveneim or

in(including the publishing distribution

political campaign : behalf «anycandidate

bhicofa .

. <

\

.

. .

twithsttmdin#myother provision these RQGedArtides,; the

shall notcarry on any other activities not permitted to be carried on (a) a corporation exempt Bensfederal incotax Under S&U#R1{A} the Code or (b) by a corporation, &ntribk#»which are deductible under Section M0<£2 of the Code.

Wen the

on tile Corporation,. the directors shall, after paymz or makingprovisions for the payment of all of the liabilities «the torpomUm dispose of all of the assets

}o ¥tio& orgattized and operated exclusively for charitable, ed,atibnal,6agious, orthe Corporatioa«§usivyf the purpose of theCorporation such mw& to such

scientific purposes &shall attime. 7wyas an exempt organization or organizations underSection +(3yof the Code, «comparable provisions :subsequent k^tio a thedirectors shell awe Anysnob, assets not so disposed 2s & disposed of The circuit °court Rtcounty w which the principal office to Corporation is then ioca6&exclusivelyfsuch purposes 6msuch azam' oo or organizations as eald.

shall determine wohare ergo-rived sod operated exclusively f such

§ >

. . «

RpCLE r»No member o£the Board Directors of the Corporation who is a volunteervolunteer dxrector as

;termwde%the Act shall bc pemonsJ1 liable to tCorporation for monetary damagesfor a bread" of the «fiduciatv duty, provided, hozibl atiozprovision shall t

.

.

y \°\2?\6=oms tit G+ the yb da ciacielor for ««d the following

Abrio, 5w Mt.

is duty Dfloyalty to the Corporation;

.e!

Acts or o

c pot in eel faith or

in-volve,»:6gaq violation wlaw;

fentAnal misconduct or a

A violation osection 9 >wthe Act;

aneactioa m« tom:e = derived an improper persottal benefit;

e\aomission mic gaf« the fling of these 3« of am¢»ration

»,esomission that is grossly negligent \- \\\\

he Cat potation hereby assunac. all Lability an an 9orsmothc than the Corporation forall acts 0 omissions Jadirector oasavot odire a as defined in. the Act »eurringe%aft. the flL. of these Res: Articles,

«3 the good faith performance of thedirector's da as such; pros hied, how % thai the (imputation shall not considered to haveassumed arty liability to the :extent such assumption is ion&oath the etotoe a±6Corporation ae an o »wc described §« c 501{0(3) of

d

» \ \ «

If the t\ am=Jedafter the filing of t ee tat Articles to authorizo kefurtheroh-animation a#

on of the liability daeetols 2««&f corporations, tit= the liability of

JUN 27 2005 11:4B AM FR oy MA-GOSSE

517 874 9190 TO 915170390437

n b=at Board p ®% in -Addition to the limitation, elimination,won, _eassump#m:RPersonal liability¥ntaheed +r. cVllt,sg bwed hY the C011:10tatien

eliminated or limited to thfacet exteK)ermittedby the Act as so amended, except to theen man oelimination, assumption liability i inconsistent with the status of the

Corporation as an organization described in Section 501(t)(3) of the Code. No amendment orrepeal +this Artie Vlll shall apply or have any effect on the liability or alleged liability ofartyany member ¥+EBeard of Directors the rpOr on fOT or WierJOOt hitk%#% oromiesions such director \ ; a prior to the effective date of any such amendment or repeal.

9.0E

The Corporetion assurefollowing conditions are met:

ARpCLEIXe liability for Az +»«mw

The volunteer VMS acting or reasonably believed he o shescope his her authority; <<

°

: 2

The un /&

good faith;

\/°<

^' con6cdia _ountmisconduct;

4.

/ tatteer's conduct \as not a intentional tort;

,

The volunteer's /Guwas not ,tort arising out townership, maintenanco& £_ mote* vac for wbib wit liability mayeimseas provided &Suction 3135 of

Insur cc de of 1956. Act .218 Of the Public Ants of. 2d 1956, being &n 500

of the N 32 mu&dLaw d» ..

.

t

a voteer mall of

as acting within' the

the

These Restated Articles +3«9ora+o« duly adopted 00this _ day of June, NOSand weft duly, adopted

the wearer, consent<

<

.

<Act.

DOCUMENT

N _omean

fees:Claire zAynna

. ©?

Dyke= Gossett r .

:?>

Dykema Gaiiraai 24 Jig Wit eS »«d y^ p ©_ oral swataep w mn£

Lansing, Michigan 937-1742 «c m>?

. Clete Li zee= .

.

:<.:.< Than6 g77fe»

°

(517) 3749154cC » MA. k/<\2«

.

.

.\ \:

as negligence o willful «± n

e.' tors gpmt«7p$(lithe

Me, abm^

0

06«2712005

In April 1986 we issued a determination letter that recognized your organization as exempt.from federal income tax. Our records indicate that your organization is currently exemptunder section 501(c)(3) of the internal Revenue Code,

Our records indicate that your organization is also classified as a public charity undersection 509(a)(2) of the internal Revenue Code.

If you have any:questions, .please callus at the telephone number shown in the heading othis letter.

Internat Revenue Service

Date. August 23, 2005

Department of the TreasuryP. O. Box 2508Cincinnati, OH 45201

Person to Contact:NATIVE NATIONS FOUNDATION

Ms Jackson`31-07417800 MICHIGAN NATIONAL TOWER

CSR-Customer Srv, RepresentativeLANSING

MI ,48912-1460

Toll Free Telephone Number:8:30.a.m, to 6:30 pen. b. 1877-829-5500

Fax Number :513-263-3756

F=ederal Identification Number:38-2630246

This is in response to the restatement: to your organization's Articles of incorporation filedwith the state on June 27, 2005. We have updated our records to reflect the name changeas indicated above.

Our records indicate that contributions to your organization are deductible under section170 of the Code, and that you are qualified to receive taxdeductible bequests, devises.transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code.

Sincerely,

Janina K. Skufca, Director, TE1GECustomer Account Services

If you have any questions, please write or telephone the person named In the heading of his letter.

Sincerely,

Dear Sir or Madam:

This letter acknowledges your request for information dated July 7, 2005, concerning an exempt organization. Weapologize for the delay in answering. however the research required to answer your inquiry has not yet beencompleted. We will contact you with an answer within 6D calendar days from the date of this letter. You shouldrefer to thecase number above if you communicate with us on this matter further.

Internal Revenue Service

Date: August 16, 2005

DYKEMA GOSSETT PLLC% CLAIRE L MCKENNA124 W ALLEGAN STREET SUiTE 800LANSING, Ml 48933

Department of the TreasuryP. O. Box :2508Cincinnati, OH 45201

Person to Contacta. BlairID# - 31-07578

Toil Free Telephone Number:8:3Q

to 5:30 p.m. ET879 829-5500

Sax Number:513-263-3755

Case Control Number:2005-19369

Chris SwopeLansing City Clerk

April 14, 2011

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

Dear President Robinson and Council Members:

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

BOARD NAME

DATE OF MEETING

Police and Fire Retirement System Board of Trustees

March 15, 2011

If my staff or I can provide further assistance or information relative to the filing of theseminutes, please contact us at 483-4131.

Sincerely,

Chris Swope, CMCLansing City Clerk

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

517-483-4131 ❑ 517-377-0068 FAXwww.lansingml.goviclerk ❑ [email protected]

OFFICIAL PROCEEDINGS OF THE BOARD OFTRUSTEES

CITY OF LANSINGPOLICE AND FIRE RETIREMENT SYSTEM

Regular MeetingCouncil Conference Room10th Floor, City HallLansing, MI

Others: Karen E. Williams, Finance Department; Attorney Ken Lane, Clark HillLaw Office (representing the Law Department).

It was moved by Trustee Kraus and supported by Trustee Oleson to approve theOfficial Minutes of the Police and Fire Retirement System Board Meeting ofFebruary 15, 2011 with corrections.

Adopted by the following vote: 6 - 0.

It was moved by Trustee Kraus and supported by Trustee Hecksel to approve theOfficial Joint Minutes of the Police and Fire Retirement System Board and theEmployees Retirement System Board meeting of February 15, 2011.


Secretary's Report.

0 new fire member(s), 0 new police members, 0 reinstatement(s), 0 refund(s), 0transfers, 2 retired. Total: Active membership: 440. 2 death(s) Barbara Rairigh,Fire, died 12/21/2010, age 83, spouse of retiree; Ursula Finney, Fire, died2/17/2011, age 82, spouse of retiree. Refunds made since the last regularmeeting amounted to $0.00. Retirement allowances paid for the month ofFebruary, 2011 amounted to $1,976,446.83. Total retirement checks printed forthe P&F System: 661. Total retirement checks printed for both systems: 1506.Domestic relations order received: 0. Domestic relations orders pending: O.Eligible domestic relations orders certified: 0.

The Board was called to order at 8:30 a.m.

Present: Trustees Benson, Hecksel, Kraus, Oleson, St. Aubin, Wood - 7.Absent: Trustee Bernero, Fabus

March 15, 2011 r-Tuesday, 8:30

c.f

c

C'+ 1

1i1

C)m

Regular Meeting

March 15, 2011Council Conference Room

Tuesday, 8:30 a.m.10th Floor, City HallLansing, MI

Page Two

Attorney Ken Lane updated the Board regarding Ms. Ursula Finney. Ms. Finneyreceived an overpayment $17,846.46 because she did not report her husband'sdeath and continued to collect his full pension. Ms. Finney's balance was$8,894.18. Ms. Finney entered into an agreement with the Board to repay themonies. Attorney Lane reported that when he spoke Ms. Finney, she wasconsidering selling properties to make payment. Attorney Lane reviewed theoption to collect from the Estate. He provided an estimate of $10,000 to file aclaim in Probate Court to collect on the debt. Attorney Lane will contact theProbate Court and then contact the chairperson regarding the process and thecosts for filing a claim. At that time, the Board can decide if its wishes to moveforward.

It was moved by Trustee Hecksel and supported by Trustee Kraus to approve thefollowing Applications for Regular Age and Service Retirement:

William M. Barnes, Police Department, 25 years of service credits, age 52, effectiveMarch 11, 2011.

David S. Blackman, Police Department, 25 years, 1 mo. of service credits, age 48,effective March 11, 2011.

Frank J. Medrano, Police Department, 25 years of service credits, age 46, effectiveMarch 21, 2011.

Adopted by the following vote: 6 - 0

Karen Williams reported that Case #2010-F1109 applicant is scheduled to see theMedical Director for evaluation.

There were no requests for Non Duty Disability Retirement.

There were no requests for Refund of Accumulated Contribution.

Regular Meeting



Page Three

It was moved by Trustee Hecksel and supported by Trustee Oleson to excuseTrustee Fabus from the March Official Police and Fire Retirement Meeting due toTraining in Ann Arbor.


Karen Williams announced that members should have received their registration'material for the Spring MAPERS that will be held May 1 - 3, to the City of LansingRetirement Office. Ms. Williams was waiting for information for hotel registration.

Karen Williams also announced that members should contact the RetirementOffice is they plan to attend the International Conference in October. TrusteeOleson stated that his is reviewing flight information.

Attorney Ken Lane reviewed the provisions of the Police and Fire RetirementBoard's proposed policies on Ethics Code of Conduct, Record Retention and theInvestment Policy.

It was moved by Trustee Oleson and supported by Trustee Hecksel to adopt thePolice and Fire Ethics Code of Conduct Policy and that it supersedes all otherEthics Code of Conduct Policies. This policy shall be attached to the minutes andalso filed in the policy book with the date of this motion of adoption shown thereon.


It was moved by Trustee Wood and supported by Trustee Hecksel to adopt theRecord Retention Policy and that is supersedes all other Record RetentionPolices. This policy shall be attached to the minutes and also filed in the policybook with the date of this motion of adoption shown thereon.


Regular Meeting



Page Four

Attorney Ken Lane reviewed the Investment Policy Statement Modifications.Attorney Lane discussed that John Jackson of Asset Consulting Group suggestedthe following modifications of the Investment Policy statements:

• Delete reference to small cap to reflect hiring of William Blair to replaceNorthPointe.

• Change "semi-annually" to "annual meetings" in accordance with currentpractice.

• Modify language describing participation in securities lending• Place modifications list on last page of the document.

The Board discussed the securities lending with Northern Trust. Mr. John Jacksonat the annual policy training viewed how securities lending operates. The Boardagreed to have Northern Trust come to the Joint Meeting in May to discusssecurities lending.

It was moved by Trustee Oleson and supported by Trustee Hecksel to adopt theInvestment Policy and that is supersedes all other Investment Policies. This policyshall be attached to the minutes and also filed in the policy book with the date ofthis motion of adoption shown thereon.


Attorney Ken Lane updated that Board regarding the derivative claim regardingInvacare. Attorney Lane reviewed a letter sent by Milberg to Invacare giving thecompany 45 days to correct their processes or face litigation.

Attorney Ken Lane also updated the Board that the City Attorney intends to moveforward with contracting with Barrack, Rodos and Racine. Trustee Olesonexpressed concern that the City Attorney can bypass the Board with FraudMonitoring litigation.

Attorney Ken Lane explained that City Attorney has legal authority to hire Barrack,Rodos and Racine. However, the Board is not compelled to enter into a contractwith the firm.

Regular Meeting



Page Five

Attorney Ken Lane explained how the process for Fraud Monitoring would operate.Once a monitoring firm brings a possible lawsuit to the Board, it will go to reviewby the City Attorney's Office to determine the legal aspects of the case. AttorneyKen Lane reviewed a proposed policy for Fraud Monitoring that would provide athreshold in which a firm would contact the Retirement System. Attorney Lanediscussed that when a company is sue, sometimes they may file a countersuit.Therefore, the City Attorney's Office must be involved in the process. When afraud monitoring firm brought proposed litigation to the Board, the City Attorney'sOffice would review the case regarding the legal aspects. The case would bebrought to the Board and Asset Consulting will also review the litigation.

Trustee Hecksel inquired about the list of the pre-approved law firms and asked ifthe Board is obligated to file litigation brought by Barrack, Rodos and Racine.

Attorney Ken Lane explained that the City Attorney could move forward withlitigation brought by Barrack, Rodos and Racine without Board approval.

Trustee Wood stated that she met with the City Attorney regarding the two firmsvoted on by the Board. At the time, the City Attorney was not happy that Barrack,Rodos and Bacine was not chosen and wished to add the third firm to the CityCouncil Resolution, and stated that the Board was under no obligation to use thefirm. The agreement was that at a later time, the City Attorney would come backto the Board to request that Barrack, Rodos and Bacine be added.

Attorney Ken Lane stated that the Board and the City Attorney need to worktogether in these cases. Attorney Lane stated that he would discuss with the CityAttorney a policy that would agreeable to the Board. The Policy would deter theBoard or the City Attorney's Office from changing law firms after an agreeddecision to litigate has been decided.

The Board expressed concern that the City Attorney did not come to the Boardregarding his decision to move forward with a third firm. The Board expressedconcern that the trustees went through a review of Fraud Monitoring Firms, heldinterviews and made selection based upon the process. The Board discussedoptions regarding the City Attorney's authority to make legal decisions for the

Board without their input. Board members could be liable for decisions made bythe City Attorney.

Regular Meeting



Page Six

Attorney Ken Lane provided a suggestion that the City Attorney can sign theBoard's Policy on Fraud Monitoring, agreeing to its provisions.

Trustee Wood agreed that Attorney Ken Lane should draft the policy that wouldhave the City Attorney, the Board and Asset Consulting Group agree to litigationbefore a case can move forward.

Trustee Benson inquired that does the City Attorney have the authority todisregard the Board's decision, policy and hire Barrack, Rodos and Bacine.

Attorney Ken Lane opined that the City Attorney does have the authority to hireBarrack, Rodos and Bacine.

It was moved by Trustee to file a lawsuit and challenge the City Attorney's Officedecision. The motion died.

Trustee Hecksel stated that the Board should wait to see if the City Attorney Officewill agree to a policy provided by the Board. Legal alternatives can be pursued ata later date if needed.

Trustee Benson expressed concern that the City Attorney's Office can ignore theBoard's input and make decisions that affect the Board.

It was moved by Trustee Wood and supported by Trustee Hecksel to startdeveloping a policy for Fraud Monitoring.


Attorney Ken Lane reviewed the agreement for William Blair as the new small capinvestment manager. Attorney Lane has provided modifications to the agreementand Asset Consulting Group is reviewing the investment guidelines. KarenWilliams distributed a letter from William Blair requesting permission to use the

Police and Fire Retirement System in its marketing advertisements. The Boardagreed that William Blair could use the system after the contract has been signed.Regular Meeting



Page Seven

Karen Williams distributed a memo from Asset Consulting Group regarding INGReal Estate Investment Manager and a letter from ING Clarion. ING has recentlyannounced the sale of its real estate business and entered an agreement to moveits real estate division to a new company Lightyear Capital LLC.

It was moved by Trustee Hecksel and supported by Trustee Wood to give AssetConsulting Group approval to begin the search for a manager to replace INGClarion Real Estate Investment Manager.


Karen Williams reported that the Duty Disability income verification letters weremailed to retirees. Their verifications are due April 30, 2011. Ms. Williamsexplained that duty disability retirees are required by Ordinance to report theiroutside income to the Retirement Board. There were two conversions to age andservice retirement: Marie Wolfe and Teresa Ryder.

Trustee St. Aubin requested a list of duty disability retirees that are eligible for re-evaluation by the Medical Director. The disability subcommittee will review the lista next month's meeting.

Trustee Oleson inquired regarding the process to select duty disability retirees forre-evaluation. The selection of duty disability re-evaluation is at the discretion ofthe subcommittee based on the Board's policy.

Trustee St. Aubin discussed a detective from the Lansing Police Department thatis required by the Ordinance to leave at age 60. The officer was concerned aboutnot receiving his full 25 years of service.

Attorney Ken Lane opined that he has reviewed the issue and Ordinance Section249.02(j) is a compulsory separation from service. The Board does not haveauthority to extend service for Police Members. The detective does have theoption to purchase the months needed to achieve his full 25 years of service. Theprovision is not unique to the City of Lansing. Most governments, municipalities

and federal laws have a mandatory age for separation from service for publicsafety personnel.

Regular Meeting



Page Eight

Trustee St. Aubin added to items to the agenda, item g. Actuary request and itemh. HB 4214 and HB 4135.

Trustee St. Aubin asked legal counsel to speak on the state legislation.

Attorney Ken Lane provided a legislative update regarding HB4214 on theEmergency Financial Manager. Attorney Lane discussed the provision that wouldauthorize the emergency manager to reject, modify, or terminate the terms of anexisting contract or a collective bargaining agreement (CBA). Additionally,Attorney Lane discussed the provision regarding that would authorize theemergency manager to assumed control of the government's pension system, setand approve actuarial assumptions and eliminate the pension's system board forlocal governments not funded at a level of 80% or more. The section requiring theretirement system to be sent to MERS was pulled from the legislation.

Many communities may challenge this legislation if passed. The FinancialEmergency Manager could change benefits to retirees, and could operate as theBoard. Attorney Lane stated there are many troubling issues regarding thelegislation.

Attorney Ken Lane explained that HB 4135 was only applicable to municipalitiesover 500,000. The legislation would remove union involvement in the election oftrustees to pension boards.

Trustee St. Aubin discussed the reduced size of workforce and how it wouldimpact the retirement system in the future. Trustee St. Aubin requested a motionfor the Board to commission its own independent actuarial evaluation.

It was moved by Trustee Hecksel and supported by Trustee Benson to request anindependent actuarial evaluation on a reduced size of workforce and its impact onthe pension system.

Trustee Hecksel stated that he would gather information from the Fire Department.

Trustee Wood inquired regarding the time frame.

Regular Meeting



Page Eight

Trustee Oleson stated that he does support having an actuarial evaluation.However, he would like to think it through and get everything done at one time andnot pay for multiple evaluations.

Trustee St. Aubin stated his intention was to have several scenarios based on theinformation provided to the actuary.

Trustee Oleson requested information regarding if the actuary would be done forincreased contributions also. Trustee Oleson believed that this was a separateissue. He stated that an actuary evaluation on contributions has been done by theunion and the administration.

Trustee Kraus stated that the Board should have its own actuary numbers toreview, sooner than later.

Trustee Oleson expressed concern how much the evaluations would cost thesystem.

Trustee Wood stated that money has been set aside to look at things in which theBoard would like to be proactive, and pay for things like education, pensionsoftware.

Trustee Oleson requested that he would like to see the numbers, the scenariosare selected and the proposed costs of the evaluations before the request to theactuary is made.


Karen Williams announced that the Actuary Interviews would be held onWednesday, March 30 from 8:30 a.m. - 12noon.

Karen Williams announced that Trustee Kraus worked with Spartan Internet hadredesigned the website and it is on the City website. Karen Williams will updatethe information.

Regular Meeting


Tuesday, 8:30 am.10th Floor, City HallLansing, MI

Page Nine

Karen Williams also reported that the Proposals (RFPs) were received from theSoftware companies. The proposals were referred to the Subcommittee onSpecial Projects.

Trustee St. Aubin returned to Other business to add item I.

It was resolved by Trustee Wood and supported by Trustee Hecksel and

RESOLVED BY THE BOARD OF TRUSTEESPOLICE AND FIRE RETIREMENT SYSTEM OF THE CITY OF LANSING

WHEREAS, The City of Lansing Police and Fire Retirement Board of Trustees are verypleased to present this special commendation and admiration to Kenneth P. Lane,Attorney at Law with Clark Hill, PLC. Mr. Lane has served as legal counsel to the Policeand Fire Board, representing the City Attorney's Office since October 2008. He hasbrought to this position a truly impressive chronicle of experience and service; and

WHEREAS, Mr. Lane is well-regarded for his professionalism and courteous service. Heis very responsive and knowledgeable about all aspects of the City of Lansing RetirementSystem. Mr. Lane continues to increase his acumen through training with the MichiganAssociation of Public Employees System and attending due diligence meetings; and

WHEREAS, In addition to attending Board meetings, Mr. Lane provides orientation fornew trustees, reviews contracts, drafts policies, and responds to all legal issues. Mr.Lane has also distinguished himself in assisting the Board in its successful search andacquisition of Fraud Monitoring firms. He is always on-time, well-organized and offersinsightful suggestions to enhance Board activities and trustee decisions; and

NOW, THERFORE, BE IT RESOLVED that the City of Lansing Police and FireRetirement System Board hereby confers this tribute resolution to Kenneth Lane asevidence of the Board Trustee's sincere esteem for his accomplishments. His exemplarywork and significant achievements on behalf of the Board are indeed worthy of the utmostpraise and respect.

Adopted by the following vote: 6 -0.

Karen Williams distributed and reviewed the Investment and Securities Lendingreports for month ending February 28, 2011.

Trustee Wood asked the memo from Clark Hill regarding SAS 70 be forwarded toCity Council and filed with the City Clerk's Office and attached to the externalaudit.

It was moved by Trustee Wood and supported by Trustee Kraus to adopt thePolice and Fire Retirement System Board of Trustees Statement on AuditingStandards No. 70 ("SAS No. 70) Report Policy and that is supersedes all otherInvestment Policies. This policy shall be attached to the minutes and also filed inthe policy book with the date of this motion of adoption shown thereon.

Adopted by the following vote: 6 - O.

It was moved by Trustee Hecksel and supported by Trustee Oleson to adjourn themeeting.

The meeting adjourned at 10:41 am.

Minutes approved on

Jerry Ambrose, SecretaryPolice & Fire Retirement System

Brad St. Aubin, ChairpersonPolice & Fire Retirement System

Virg Bernero, Mayor

OFFICE OF THE MAYOR9th Floor, City Hall

124 W. Michigan AvenueLansing, Michigan 48933-1694

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

TO:

City Council President A'Lynne Robinson and Council Members

FROM:

Mayor Virg Bernero

DATE:

April 14

RE:

Resolution- Setting a Public Hearing and Approving- SLU-1-2011-300 Frandor Avenue- Wireless Communications(Cell) Tower

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

VB/rhAttachment

"Equal Opportunity Employer"

Virg Bernero, Mayor

City of Lansing

Inter-DepartmentalMemorandum

To:

Virg Bernero, Mayor

From:

Susan Stachowiak, Zoning Administrator

Subject:

CITY COUNCIL AGENDA ITEM - SLU-1-2011, 300 Frandor Avenue, Cell Tower

Date:

April 6, 2011

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


BY THE COMMITTEE ON DEVELOPMENT & PLANNING


Resolved by the City Council of the City of Lansing that a public hearing be set for Monday,May 23, 2011, at 7 p.m. in City Council Chambers, Tenth Floor, Lansing City Hall, 124 WestMichigan Avenue, Lansing, Michigan, for the purpose of approving and/or opposing theOrdinance for rezoning:

SLU-1-2011, 300 N. Frandor Avenue, Special Land Use Permit - WirelessCommunications Tower

Page 1 of 1

Approval for placement on City Council agenda:

Brigham Smith

DateCity Attorney

City of Lansing

Inter-DepartmentalMemorandum

To:

Virg Bernero, Mayor

From:

Susan Stachowiak, Zoning Administrator

Subject:

CITY COUNCIL AGENDA ITEM - SLU-1-2011, 300 Frandor Avenue, Cell Tower

Date:

April 6, 2011

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


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

SLU-1-2011300 N. Frandor AvenueWireless Communication Tower in the "F" Commercial District

WHEREAS, the applicant, Crown Castle USA, has requested a Special Land Use permit (SLU-1-2011) to construct a wireless communication tower at 300 N. Frandor Avenue, and hasprovided all information required by Section 1298.07 of Ordinance No. 1138; and

WHEREAS, the property is zoned "F" Commercial District where wireless communicationtowers are permitted subject to obtaining a special land use permit; and

WHEREAS, a review was completed by staff evaluating the character, location and impact thisproposal would have on the surrounding area and the impact on the environment, utilities,services and compliance with the Zoning Code and objectives of the Comprehensive Plan; and

WHEREAS, the Planning Board held a public hearing on April 5, 2011, at which time theapplicant's representative spoke in favor of the request and no other comments were received;and

WHEREAS, the Planning Board (based upon testimony, evidence and the staff report) at itsApril 5, 2011 meeting, voted unanimously (4-0) to recommend approval of SLU-1-2011 to permita wireless communication tower at 300 N. Frandor Avenue, with certain conditions; and

WHEREAS, the City Council held a public hearing regarding SLU-1-2011 on May 23, 2011; and

WHEREAS, the Committee on Development and Planning has reviewed the report andrecommendation of the Planning Board and concurs therewith; and

WHEREAS, the ordinance regulating wireless communication towers requires a setback of149.5 feet from the north and west property lines at 300 N. Frandor Avenue, and a separationdistance of 1,500 feet between towers in excess of 75 feet in height; and

WHEREAS, the applicant is proposing a setback of 60 feet from the north property line, 23 feetfrom the west property line, a separation distance of 1,045 feet between the proposed tower andthe existing tower 500 foot high guyed tower to the west and a separation distance of 1,225 feetbetween the proposed tower and the 105 foot high monopole tower to the northwest; and

WHEREAS, the Lansing City Council hereby determines that the goals of the wirelesscommunication tower ordinance can be met by allowing the reduced setbacks and separationdistances;

Brigham Smith, City Attorney

Date

Page 1 of 2

Approved for placement on City Council Agenda

NOW THEREFORE BE IT RESOLVED that the Lansing City Council hereby approves SLU-1-2011, for a wireless communication tower at 300 N. Frandor Avenue, as depicted on the plansdated 2/4/11, with the following conditions:

1.

The proposed monopole tower shall provide for a co-location of at least 4antennas, and

2.

The tower shall not interfere with telemetry communications of local hospitals andemergency services.

3. The tower shall have a setback of 60 feet from the north property line, 23 feetfrom the west property line, a separation distance of 1,045 feet between theproposed tower and the existing tower 500 foot high guyed tower to the west anda separation distance of 1,225 feet between the proposed tower and the 105 foothigh monopole tower to the northwest; and

BE IT FURTHER RESOLVED that this Special Land Use permit shall remain in effect only solong as the petitioner fully complies with this resolution, and if the petitioner fails to comply, theSpecial Land Use permit may be terminated by City Council Resolution.

BE IT FINALLY RESOLVED that in granting this request with conditions, the City Council hasconsidered the factors listed in Section 1298.07(B)(2), and determines the following:

1.

The proposed wireless communication tower is compatible with the essentialcharacter of the surrounding area, as designed.

2.

The proposed wireless communication tower will not change the essentialcharacter of the surrounding area.

3.

The proposed wireless communication tower will not interfere with the generalenjoyment of adjacent properties.

4.

The proposed wireless communication tower will not impact adjacent propertiesas it will not be detrimental to the use or character of the property underconsideration.

5.

The proposed wireless communication tower will not impact the health, safetyand welfare of persons or property in the surrounding area.

6.

The proposed wireless communication tower can be adequately served byessential public facilities and services.

7.

The proposed wireless communication tower will not place any demands onpublic services and facilities in excess of current capacities.

8.

The proposed wireless communication tower is consistent with the intent andpurposes of the Zoning Code and in conformance with the master plan.

9.

The proposed wireless communication tower will comply with the requirements ofthe "F" Commercial District.

Brigham Smith, City Attorney

Date

Page 2 of 2

Approved for placement on City Council Agenda

Virg Bernero, Mayor

DEPARTMENT OF PLANNING ANDNEIGHBORHOOD DEVELOPMENT

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

PLANNING OFFICE316 N. CAPITOL AVE., SUITE D-1

April 6, 2011

Honorable Mayor Virg BemerONinth Floor, City HallLansing, MI 48933-1694

RE: SLU-2-2011, 300 Frandor AvenueSpecial Land Use Permit - Telecommunications Tower

Dear Mayor Bernero:

The Lansing Planning Board, at its regular meeting held on April 5, 2011, voted (4-0) to recommendapproval of the request by Crown Castle USA for a Special Land Use permit to construct a new 199-foot high, monopole, telecommunications tower in the northwest corner of the property at 300Frandor Avenue. The subject property is zoned "F" Commercial, which district permitstelecommunications towers, if a Special Land Use permit is approved by the Lansing City Council.

The Planning Board held a public hearing on April 5, 2011, in accordance with all proceduresestablished by Ordinance No. 1138, Wireless Communications Ordinance. At the public hearing, theapplicant's representative spoke in favor of the request and no other comments were received.

The Planning Board found, based on testimony, evidence and the staff report, that the proposedspecial land use is capable of meeting all of the criteria established by Section 1282.02(f)(1-9) oftheZoning Ordinance for granting special land use permits. Based upon these findings, the PlanningBoard recommended approval of SLU-1-2011, subject to approval of a height variance by the Boardof Zoning Appeals, with the following conditions:

1.

The proposed monopole tower shall provide for a co-location of at least 4 antennas,and

2.

The tower shall not interfere with telemetry communications of local hospitals andemergency services.

The proposal does not comply with the setback requirements from the north and west property lines

Please recycle


Honorable Mayor BerneroSLU-1-2011, 300 N. Frandor AvenueApril 6, 2011Page 2

or the separation distance requirements between towers required by Ordinance No 1138.However, the Planning Board is recommending that the City Council approve thereduced setbacks and the separation distances, as allowed by Ordinance No. 1138, basedon a finding that the proposed location is consistent with the intent and purpose of theordinance.

Following your review of this matter, please refer it to the City Council for itsconsideration.

Sincerely,

fi,'g-A-)\Y

j

William C. Rieske, SecretaryLansing Planning Board

Attachments

SLU-1-2011

300 Frandor Avenue

Facie 1

GENERAL INFORMATION

APPLICANT:

OWNER:

STATUS OF APPLICANT: "

REQUESTED ACTION:

• EXISTING LAND USE:

EXISTING ZONING:

PROPERTY SIZE & SHAPE:

SURROUNDING LAND USE:

SURROUNDING ZONING:

MASTER PLAN DESIGNATION:

APPLICANT'S PROPOSAL:

Boonetime Bay LLC on behalf of Crown Castle USA4015 Vailwood DriveNashville, TN 37125

Lansing Retail Center, LLC300 Frandor Avenue, 2nd FloorLansing, MI 48912

Leasee

Special Land Use permit to construct a newtelecommunication tower at 300 Frandor Avenue

Shopping Center/Parking Lot

"F" Commercial District

Irregular - 32 acres

N:

CommercialS:

CommercialE:

CommercialW: Lansing Township

N:

"F" Commercial DistrictS:

"F" Commercial & "J" Parking DistrictsE:

"F" Commercial DistrictW:

Lansing Township

The Northeast Area Comprehensive Plan designatesthe subject property for commercial land use. .Frandor Avenue is a private drive and Clipper Streetis designated as a collector road

This is a request by Crown Castle USA to construct a new 199-foot high, monopole,telecommunications tower in the northwest corner of the property at 300 Frandor Avenue. Thesubject property is zoned "F" Commercial, which district permits telecommunications towers, if aSpecial Land Use permit is approved by the Lansing City Council.

SLU-1-2091

300 Frandor Avenue

Page 2

AGENCY RESPONSES:

The Building Safety Office has no objections. A building permitwill be required for construction.

No comments.

Our records indicate that there is a storm sewer in the vicinity ofthe proposed tower (see attached drawing). The ownership andexact location of the sewer will need to be investigated by thedeveloper.

Costs to protect and/or relocate the storm sewer will be born by thedeveloper.

Transportation: No opposition to the SLU. Applicant should ensure that proposedfencing location will not obstruct truck access to/from the loadingareas behind the stores.

ANALYSIS

Section 1282.03(f)(1)-(9) sets forth the criteria which must be used to evaluate a Special LandUse permit request. The criteria and evaluation are as follows.

1. Is the proposed special land use designed, constructed, operated and maintained in amanner harmonious with the character of adjacent property and the surroundingarea?

The tower is not anticipated to have any negative impacts on the surrounding area. The baseof the tower and the compound area is well buffered by the retaining wall and the existingtrees to the north and west. The loading docks behind the building at 300 Frandor Avenue doa fairly adequate job of buffering the compound area to the south and the area immediately tothe east is a parking lot.

Assessing:

BWL:

Building Safety/Code Compliance:

Development:

Fire Marshal:

LPD:

Parks & Recreation:

Public Service:

SLU-1-2011

300 Frandor Avenue

Page 3

The facility will be unlit and unmanned, except for occasional inspection and maintenanceactivities. In addition, the monopole design of the tower ensures that it will keep a relativelylow profile. The design, construction, and operation should, therefore, be in harmony withthe character of the surrounding area.

2. Will the proposed special land use change the essential character of the surroundingarea?

Since the tower will be a monopole design, it will have a relatively innocuous impact onviews. The tower will be located in an area that is exclusively commercial and alreadycontains a great deal of visual clutter. Furthermore, the base of the tower will not even bevisible from Clippert Street or Saginaw Street.

3. Will the proposed special land use interfere with the enjoyment of adjacent property?

The proposed special land use should not interfere with the enjoyment of adjacent properties.The tower will be located in an area of the site that is relatively unused and is obscured fromview to the greatest extent possible. With regard to the height, the area already contains a500' guyed tower, a 105 foot monopole tower, numerous billboards, tall signs and othervisual clutter. Furthermore, there are no adjoining residential neighborhoods that will bedirectly impacted by the tower. Although fairly visible from the south and the east, thetower will not interfere with the enjoyment of the surrounding commercial areas.

4. Will the proposed special land use represent an improvement to the use or character ofproperty under consideration and the surrounding area in general, and will the use bein keeping with the natural environment of the lot?

While the special land use may not necessarily be construed as an improvement to the use orcharacter of the property or surrounding area, it does provide a benefit to the public ingeneral, by improving stronger cellular signals within the service area. Furthermore, theimpact on the neighboring land uses is not significant, given the proposed location of thetower.

5. Will the proposed special land use be hazardous to adjacent property or involve uses,activities, materials or equipment which are detrimental to the health, safety or welfareof persons or property through the excessive production of traffic, noise, smoke, odor,fumes or glare?

No impacts such as dust, fumes, noise, vibration, smoke, or light glare are anticipated as aresult of this proposal. With the exception of emergency lighting, there will be no lightingon the tower or in the leased area, unless required by FAA. There will be no generators or airconditioning units on site as the facility is served only with electric and telephone.

SLU-1-2011

300 Frandor Avenue

Page 4

In addition, the proposal will not generate any hazardous conditions. Cellular towers do notpemit harmful rays that can compromise the health, safety or welfare of human beings oranimals. Furthermore, should the tower fall, it is designed to crimp over on itself so it willnot fall on adjoining properties

6. Will the proposed special land use be adequately served by essential public facilitiesand services, or is it demonstrated that the person responsible for the proposed specialland use is able to continually provide adequately for the services and facilities deemedessential to the special land use under consideration?

The subject property is currently served by all necessary public services and utilities neededto accommodate a telecommunications tower. No negative comments have been receivedfrom any of the reviewing departments or agencies.

7.

Will the proposed special land use place demand on public services and facilities inexcess of current capacity?

No excessive demand on public services has been noted from any of the reviewingdepartments or agencies.

8. Is the proposed special land use consistent with the intent and purpose of this ZoningCode and the objectives of any currently adopted Comprehensive Plan?

The site is zoned "F" Commercial and the Comprehensive Plan designates the entire site forcommercial use. Telecommunication towers are permitted as a special land use in all zoningdistricts, if the criteria established in the ordinance can be met.

9. Will the proposed special land use meet the dimensional requirements of the district inwhich the property is located?

The use is consistent with the general setback requirements of the Zoning Code. The site iszoned "F" Commercial which has a height limitation of 40 feet. The applicant has appliedto the Board of Zoning Appeals for a variance to permit a height of 199 feet for the tower.This case will be considered at the April 14, 2011 BZA meeting.

OTHER

Several years ago, when cell phone towers were first being constructed in. the City, the PlanningBoard and BZA, as a matter of policy, developed a list of conditions for all towers in the City. Whatfollows are the conditions and how they relate to this specific request.

1.

The tower shall be "monopole" type.

The request is for the construction of a monopole communication tower.

SLU-1-2011

300 Frandor Avenue

Page 5

2. The proposed monopole tower provide for a co-location of antennas:

There are no existing telecommunication towers to co-locate on. in the area. The proposedtower is designed to handle at least three additional cellular carriers.

3. The tower shall not interfere with telemetry communications of local hospitals andemergency services.

This should be a condition of approval, even though there are no hospitals, medical facilitiesor emergency service agencies located near the site.

4. Landscaping be added around the base of the tower to buffer the view of the base fromsurrounding properties.

The area of the site where the tower is proposed to be located is substantially lower than thestreet (Clippert). In addition, there is a row of trees along the west side of the site. The baseof the tower is therefore, adequately screened from view of the street and from the propertiesto the north.

5. The tower be appropriately accessible and fenced for security.

The tower/compound area will be accessed via the existing parking lot. The tower and thecompound area for the mechanical equipment will be surrounded by an 8 foot high chain-linkfence. The fence detail is shown on page C-4 of the site plan documents. Since the fence isover 6 feet in height, a building permit is required prior to its installation.

6. The towerand any mechanical equipment shed be consolidated and placed in locationsas far away from surrounding residential units so as to minimize the visual impact.

The proposed tower is located in an area that is exclusively commercial.

Wireless Communication Tower Ordinance Requirements

The new ordinance governing cell phone towers requires the following setbacks, based upon theadjoining land uses:

North:Required149.25 feet

Proposed60 feet +/-

South: 149.25 feet 1300 feet +/-East: 149.25 feet 900 feet +/-West: 149.25 feet 23 feet +/-

SLU-1-2011

300 Frandor Avenue

Page 6

The new ordinance also requires a 1,500 foot separation distance between towers. There is a 500foot high guyed tower located 1,045 feet to the west In addition, there is a 105 foot high monopoletower located 1,225 to the northwest.

Although the applicant's proposal does not comply with the setback or separation distancerequirements, the tower is proposed to be located in the best possible location on the property. Theordinance provides for an exception to these standards when the intent of the ordinance is met. Thisexception can only be granted by the City Council.

The intent of the ordinance is to encourage fewer towers by permitting the types of towers that canaccommodate antenna co-locations. The other goal of the ordinance is to ensure that towers have aminimal impact on adjoining uses. In this case, the proposed tower will be able to accommodate atleast 4 co-locations and will be located in the most inconspicuous area of the site. Based upon thesefactors, staff recommends that Council grant the necessary exception to allow the tower in itsproposed location.

The proposal complies with all other requirements of the Wireless Communications Towerordinance.

SUMMARY

This is a request by Crown Castle USA to construct a new 199-foot high, monopole,telecommunications tower in the northwest corner of the property at 300 Frandor Avenue. Thesubject property is zoned "F" Commercial, which district permits telecommunications towers, if aSpecial Land Use permit is approved by the Lansing City Council.

No impacts of any significance were identified with respect to traffic, public facilities, or theenvironment. Furthermore, the proposed tower is consistent with the dimensional requirements-ofthe Zoning Code, with the exception of the 40 foot height limit within the "F" Commercial district.The Board of Zoning Appeals will consider the requested height variance at its April 14, 2011meeting.

The proposal does not comply with the setback requirements from the north and west property linesor the separation distance requirements between towers. Staff is recommending that Councilapprove the reduced setbacks and the separation distances based on a finding that the proposedlocation is consistent with the intent and purpose of the ordinance as described above.

The proposal complies with all of the criteria of Section 1282.03(f)(l)-(9) of the Zoning Code forevaluating Special Land. Use permits.

SLU-1-2011 300 Frandor Avenue

Facie 7

1. The proposed Special Land Use will be harmonious with the character of adjacent propertiesand surrounding uses.

2. The proposed Special Land. Use will not change the essential character of the surroundingproperties.

3. The proposed Special Land Use will not interfere with the general enjoyment of adjacentproperties.

4. The proposed Special Land Use does represent an improvement to the lot as it currentlyexists.

5. The proposed Special Land Use will not be hazardous to adjacent properties.

6. The proposed Special Land Use can be adequately served by public services and utilities.7. The proposed Special Land Use will not place any demand on public services and facilities in

excess of current capacities.8. The proposed Special Land Use is consistent with the designations of the Zoning Code and

the Northeast Area Comprehensive Plans.9. The proposed Special Land Use will comply with the dimensional requirements of the

Zoning Ordinance.

RECOMMENDATION

Staff recommends approval of SLU-1-2011, a special land use permit to allow a 199' high,telecommunications tower at 300 Frandor Avenue, as depicted on the site plan dated 9/27/10 andrevised on 2/4/11, based upon the findings of fact as outlined in this staff report, subject to approvalof the height variance by the Board of Zoning Appeals and with the following conditions:

1. The proposed monopole tower shall provide for a co-location of at least 4 antennas,and

2. The tower shall not interfere with telemetry communications of local hospitals andemergency services.

Respectfully Submitted,

Susan StachowiakZoning Administrator

March 6, 2011

Susan StachowiakZoning AdministratorCity of Lansing - Planning Office316 N. Capitol Ave., Suite D-1Lansing, MI 48933

Crown Castle3077 E. 98th St - Suite 230

Indianapolis, IN 46280

Tel: (317) 843 .2100

Fax: (317) 843-20I 1

www.crowncastle.com

Re:

Collocation Statement for Lansing Retail CenterAvailability for Additional Carriers

Dear Ms. Stachowiak:

Please accept this letter as statement that the proposed telecommunications tower for the LansingRetail Center located at 300 Frandor Avenue in Lansing, Michigan will be designed to accommodate four(4) total carriers for the purposes of collocation.

if you have any questions or need anything further, please feel free to contact me at the number below.

Bryan D. 1uetperProject ManagerCrown Castle, LLC3077 East 98 th StreetIndianapolis, IN 46280(317) 249-2060 phone(724) 416-6112 fax

^) PRIIJ i ED OI.^ I qS Feyo.1,D rftre:

STATE OF il k1f V1Gt. )

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I, D1m,Loin , a Notary Public in and for said County in saidState, do hereby certify that 3Y 'n 10ii9&IZ. , who is known to me,personally appeared, and being informed of the. contents of this statement he/she, executed the samevoluntarily on the day the same bears date.

GIVEN under my hand and seal this today of

2011.

[ NOTARIAL SEAL j

DONA LAMSNotary Public- Seat

State of IndianaMy.Commisslon Expires Feb•3, 2013

Notary Public

Print Name: ha

My Commission Expires: Z-;--2io//

CCA^TLECrown Castle3077 E. 98th St- .Suite 230Indianapolis, IN 46280

Tel: (317) 843-2100Fax. (317) 843-2011www.crowncastle.com

March 7, 2011

Susan StachowiakZoning AdministratorCity of Lansing - Planning Office316 N. Capitol Ave., Suite D-1Lansing, MI 48933

Re:

Description of Suitability for Lansing Retail Center and Description of Feasible Locations

Dear Ms. Stachowiak:

There are 2 existing towers located within 1500' of the proposed tower location of 300 Fandor Avenueas shown on Sheet Z 2 of the drawings submitted with the application.

The 500' guyed tower located almost due west of the proposed site is currently over-stressed as itstands today. Additional loading of this tower will only worsen its condition beyond what would bephysically feasible to address with modification.

The 105' monopole located north of the proposed site is constrained by limitations of ground space forthe site. This monopole is also 90' shorter than the application for the proposed site on Fandor Avenue.To provide adequate coverage for the carriers in this area, the additional height of the proposed toweris needed.

Below, please find a list of all of our sites located within Ingham County. This list outlines all of thefeasible locations that we have for future antenna locations.

Site ID Address City County StateZipCode Latitude Longitude

871784 3656 Van Atta Rd. LANSING INGHAM MI 48912 42.6886 -84.3754

871282 3414 Aurelius Rd LANSING INGHAM MI 48910 42.6965 -84.5256

872094 2820E Saginaw St LANSING INGHAM MI 48912 42.74 -84.512

817740 162 E. Grand River Williamston Ingham MI 48895 42.7049 -84.3572

817756 549 Linn Road Williamston Ingham MI 48895 42.6738 -84.3405

817724 2127 Lake Lansing Road Lansing Ingham MI 48912 42.7625 -84.5205

817685 1277 South Meridian Road Mason Ingham MI 48854 42.5486 -84.3556

817678 3246 W. Holt Road Mason Ingham MI 48854 42.6453 -84.4732

817659 1049 South Dietz Webberville Ingham MI 48892 42.5543 -84,2194

817696 5116 South M-106 Stockbridge Ingham MI 49285 42.4375 -84.1828

817708 1709 Thompson Street Lansing Ingham MI 48906 42.754 -84.5476

817654 1275 South Williamston Dansville Ingham MI •48819 42.5492 -84.3019

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SITE WORK GENERAL NOTES: CONCRETE AND REINFORCING STEEL NOTES: APPLICABLE BUILDING CODES AND STANDARDS:

1. TIE SUOCONTRACTOR SHALL CONTACT UTILITY LOCATING SERVICES MICR TOTHESTAMOFCONSTRUCTION.

2. ALL EXISTING ACTNE SEWER. WIRER, GA E, ELECTRIC. AND OTHER WRITES MEREENCOUNTERED INTHE WORN SHALL BEPROTECTEDAT ALL TIMES, AND VOIERE REQUIRED FORTHE PROPER EXECUTION OF THE WORK. SHALL BE RELDCATFDAS DIRECTED BY COMPACTOREXTREME CALMCN SHOULD BE USED BY THE SUBCONTRACTOR WIEN EXCAVATING OR ORIUMPIERS AROUND OR IMMUNITIES. SUBCCNTRACTORSHALL PROVIDE SAFETY TRAINING FOR THELVORNNO CREW. THS WILL NCLLOE BLOT NOT SE UMREDTOA) FALLPROTECPON B) CONFINEDSPACE C) ELECTRICAL SNETYD)TRENCHING A EXCAVATION

3. ALL SITE WORK SHALL BE AS INDICATED ONTHE DRAVANOS AND PROJECT SPECIFICATIONS.

4.IF NECESSARY, RUBBISH, SWIMS, DESNIS, STICKS, STONES AND OTHER REFUSE SHALL BEREMOVED FROMWE 6TIENEI DISPOSED OF LEGALLY.

B.ALLEXISTINGINACTIVE SEWER,WATER, OAS, ELECTRIC ANDOTHER AERATES,WTMCNINTERFERE WITH THE EXECUTION OF THE WORK SHALL BE REMOVED AHGOFI GAFFED,PLUGGEDOft OTHERWISE OSCONRNUED AT POIMS WHICH WIILNOT NTERT•AE WIRITHE EXECUTION OFTHE WORK SLRJECT70T11EAPPROVJLL OF CONTRACTOR. OWNERANOOR LOCH. UTILITIES.

6. SUBCONTRACTOR SHALL AVNINlEDISNRSMCETO EXISTING 6IIEOUWNO CON57RUCTIOK

I. ALL CONCRETE WORK SHALL BE IN ACCORDANCE WRHT11EACI 301, AO 310, A.CI 306,ASTMA164, ASTMA1E5ANDTNEDESIGN AND CONSTRUCTION SPECIFICATION FOR CAST-IN-MCC CONCRETE2.ATLCONCRETESHSLL HAVEAMINIMUM COMPRESSIVE STRENGTH OF 4000 PSI AT 2e DAYS.UNLESS NOTEDOTHERWISE3. REINFORCING STEEL SHALL CONFORM TOASTM AR$5, GRADE 6Q DEFORMED UNLESSNOSEO OTHERWISE WELDEDWIRE FABRIC SHALL CONFORM TOASTM AINSWELDED STEEL VIRE FABRIC UNLESS NOTED OTHERWISE. SPLICES SHALLBE CLASS'S' MO ALL HOOKS SHALL BEBTANDARO.UNO.4. THE FOLLOMNG MINMUM CONCRETE COVET SHIM-BE PROVIDED FOR REINFORCING STEEL UIEESS SHOWNOTHERWISE ON DRAWINGS:

SUBCONTRACTORS WORK SHALL (*LAMYWM1ALL APPOCl912NA110NAL,STATE,AHD LOCALCOWS AS ADOPTED BY THE IAGILAUR ORIIYHAVNQ.RNISGCDONTHE !

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SPECIFICATIONFORFOR SITE

SITE SIGNAGE

D. TIE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO ROWAWAY FROM TIE B7SEOM. MEIN AHDTOWERAREAS.

O. NO FILL OREI.ENIKAIENTMATERIAL SHALL BE PLACED ON FROZEN GROUD.FROZENMATERIALS. SNOW OR ICE MALL NOT BE PLACEDINANY FILL OR EMSANI04INL

10. THE SUB GRACE SHALL BE COMPACTED AND BROUGHT TOA SMOOTH UNIFORM GRADE PRIORTO PNINIED SURFACEAPPUCATIOTL

11. TIE AREAS OF THE OWNERS PROPERTY PERMED BYTNEWORKAND NIT COVERED BYTIETOWER. EOUPFENT OR DRIVEWAY, SIAU.BE GRADED TOA INFORM SLOPE, AND STABALIZEDTOPREVENT EROSION AS SPECFTEO IN WE PROJECT SPEGFlCA710NS

72. SUBCONTRACTOR SHALL MINIMIZE p5111RBANCE TO IXISTNO SRS DURING COICTRUCSOHEROSION COTIROL MEASURES. IF REQUIRED MEMO CONSTRLC710N , SHALL BE INCCNFORMWICEWRH THE LOCAL GUDELNES FOR EROSION ANDSEDNENTWNTROL

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1. FOR THE PURPOSE OF CONSTRUCTIONURANTNLL,THE FOLLOWING DERWTIONSSTALLAPPLY:METHODS Of CON8TW)CTI01L O1OTHER REQUIREMENTS,THEMOSTPISIIBCPV! REQUIREMENTSHALLGOVERAL WHERE1SESE ISCOWRJLT BETWEEN A GENERALREQUIREIMEKFAIRA ABPECFIOREQUIRB,ENT,THE SFECIFlCREQUIRBB6SWILL.GOYEAN.CONTRACTOR- CROWN CASTLE

SUBCONTRACTOR-

GENERAL CONTRACTOR (CONSTRUCTION)OWNER- SKYWAY TOWERSOEM-

ORIGINAL EQUIPMENT MANUFACTURE2. PRIOR TOTHE SUBMISSION OF BIDS, THE BINDING SUBCONTRACTOR SWLLLNDTTHE CELL SITE 70 FAMILAWZEVITRTHE MUSING CORAITONSANOTO CONFIRM TWIT THE WORK CAN BE ACCOMPLISHED AS SHOWN ONTHECONSTRUCTION DRAWINGS. ANY DISCREPANCY FOUND SHALLBE BROUGHT TO THE ATTENTION OF CONTRACTOR3. ALLMATERIALS PURMSHEDANO INSTALLED SIRIL BE IN STRICT ACCORDANCE WITH AIL APPLICABLE CODES,REGULATIONS, AND ORDINANCES. SUBCONTRACTOR SHU.L ISSUE ALL APPROPRIATE NOTCES/1ND COMPLY WITH ALLLAWN ORDINANCES. RULES, REGULATIONS, AND LAWFUL DINERS OF ANY PUBLIC AUTHORITY REGARDING THE

ABBREVIATIONS

ABBREVIATIONS AND SYMBOLS

SYMBOLSSSGAGL ABOVE GRPDELEVEL SOLID GROUND BUS BAIT

RFORMANCE OF THE WORK ALL WORK CARRIED OUT SHALL COMPLY WRTH ALL APUCABIE MUNICIPAL A1IUNUTTCOMPANY SPECIFICATIONS AND LOCAL JUWSSCTONAL CODES, ORDINANCES ANDAPPUCABLEIEOIILATIONS.

BTS BASE TRANSCEIVER STATION SOUR ryEQ(Rpy BUS BAR

AIM ARE INTENDED TO SHOW OUTLINE ONLY.INCLUDE FURNISHING MATERIALS, EQUPMENT,AFPLRTENANCES,MO

AS INCICATED ON TFE WAVANGS.

EQUIPMEMAHDMATWlWSINALCOflIWA 'E WITH MANUFACTURERSOTHERWISE

AS SHOWN ON THESE ORAWINGS.lHE SUBCONTRACTOR SHALLSTALLE ASSHOWNAPPROVAL BY THE CONTRACTOR.

ROUTING CF CONDUIT, POWER AND TI CABLES, GROUNDING CABLES ASRUIN DRAWING.

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STRUCTURAL STEEL NOTES:

4. DRAWINGS PROVIDED HERE ARENDTTO SCALE5. UNLESS NOTED OTHERWISE, THEWOWL SHALL olo

o 0

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1. ALL STEEL WOW( SHALL BE PAINTED N ACCORDANCE VVITW E PROJECT SPEDIFICATIWSAND IN AC(:OPONNCEWMHASiM A36 UNLESS Ol1ER1Y1SENO7FiD.3. ALt WELDING SHALL BE PERFORMED USING E70XX ELECTRODES AND MELDING EIALLCONFORM TO MSC. I4ERE FILLET WELD SIZES ARE NOT SHOWN. PROVIDE THEWNMUA SIZEPER TABLE J2-4 IN THEAISC'MANUAL OF STEEL CONSTRUCTION: PAINTED SURFACES STALL BETO BORIC SEP.3. BOLT ED CONFECTIONS SHALBE ASTM/325 BEARING TYPE(w-l-MCONECTIDNS AJD SHALT.

LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS

g, THE SUBCONTRACTOR SHALLINSiNt ALLRECOMMEA9ATONS UNLESS SPECIFICALLY STATED

7. IF M

EQUIP E7. IF ME SPECIFIED EQUIPMENT CARNOTITE INSTALLED

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B. SUBCONTRACTOR SHALL DETERMINE ACTUALSHOIM4 ON THE POWER, GROUNDING ANDTELW

HAVE MINIMUM OF'RLO BOLTS UNLESS NOTED OTHEFRMSE 11.111E SUBCONTRACTOR SHALL PROTECT EXISTING IMPROVEMENTS, PAVEMENTS, CURBS, UNOSCARNOAND ARID

AMERICAN WIRE GAUGEMETER

4. NONSTRUCTURAL CCNIECTDNSFORSTEEL GRATING MAY USE 616'DN ASTMA 301 BOLTSWEISS NOTED OTHERWISE6. RISTNLATION OF CONCRETE EXPANSIONMEDGE ANCHOR SHALL BE PER MANUFACRRERSWRIITEN RECOMMENDED PROCEDURE. THE ANCHOR BEET. DOWEL OR ROD SHALL CONFORM TO

STRUAIURES.ANY DAMAGED PART SHALLBE REPAIRED AT USCOITRACTORSEXPENSE TO TIE SATISFACTION OFOWNER.

14 SUOCONRRACTORSHALLLESALLY ANDPROPERLY DISPOSE OF ALL SCRAP MATHNLLS SUCH AS COAXIAL CABLES ANDOTHER ITEMS REMOVED FROM THE COMING FAUS T/. ANTENNAS REMOVED SHILL BE RETURNED TO THE OWNERS

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WUN ING IREMANUFACTURERS RECOMMENDATION FOR EMBEDMERITDEPINORA$ERIWNONTSEDRAWINGS. NO BURR MALL BE CUTWIIHOUT PRIOR CONTRACTOR APPROVAL WREN GRILLINGHOLES IN CONCRETE. SPECIAL INSPECTIONS, REQUIRED BY GOVERNING WOESASH IL BEPERFORMED IN ORDER TO MAINTAIN MANUFACTURERSMMNABMAILOWASCE LOADS

DESIGNATED LOCATION.11. SLGCONMACTOR SHALL LEAVE PREMISES IN CLEAN CONDITION. SAD

MARE INTEGRATEDACOESS DEVICEGEN

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DCROWN LANSING RETAIL CENTER SHEET C.5

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SITE INFORMATION0SDADDRESS

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ELECTRICAL INSTALLATION NOTES ELECTRICAL INSTALLATION NOTES (cont.)1. AU- ELECIRICALWORK SMI BE PERFORMED IN ACCORDANCE NADI THE PROJECTSPEGFICATWNS, NECANOALLAFISICABLE LOCAL CODES.

2. COMER ROURIGS ARE SDTEMATIG SUBCONTRACTOR SNAIL NSTALL COMMUTE SO THAT ACCESS TO EQUIPMENT ISNOT IRONED.

3. WIRING, RACEWAY AND SUPPORT METHODS AND MATERIALS SHALL COMPLY WRN DIE REQUIREMENTS OF THE NECANOTELCORDIA.

./.ALL GRCUR59HALL BE SEGREGATED AM) MAINTAIN MNIMUM CABLE SEPARATION AS REQUIRED BATHE NEC ANDTEtcgrmD..

6. CABLES SHALL NOT BE ROUTED THRCOON LADDER-STYLE CABLE TRAY RUNGS.

0. EACH END OF EVERY POWER, POWER PHASE CONDUCTOR (LE.. HO1S),GROUNDING, AND TI CONDUCTOR AND CABLESIAM BE LABELED WTIH COLOR-CEDED INSULATION OR ELECTTICALTAPE (3M BRAKE 114 INCH PLASTIC ELECTRICALTAPEW7IIL W PROTECTION OR EOPAy. THE IDENTIFICATION METHOD SHALL CONFORM WITh NEC O OSHA.

23. EQUIPMENT CABINET%TERMINAL BOXES, JUNCTION BOXES,Atk'I PULL BOXESSHALL BE GALVANIZED OR EPOXY-COATED SHEET STEEL, SHALL MEET OR EXCEED Ll60, AND RATED NEMA 1(OR BETTER) INDOORS. OR NEMA3R (OR BETTER) OUTDOORS

24. METAL RECEPTACLE, SW7ICH,AITD DEVICE BOXES SHALL BE OALWJA gO,EPOXY-COATED, OR NON,CORRODING; SHALL MEET OR EXCEED UL 514AANDNEMAO61; AND RATED NEWT I (OR BETTER) MOORS, OR WEATHE R PROTECTED (WP ORBETTER) OUTDOORS.

26. NONMETAWC RECEPTACLE, SWITCH AND DEVICE BOXES SHALL MEET OR EXCEEDNDM 0S2:AND RATED NEWT1(OR BETTER) INDOORS, OR WEATHER PROTECTED OAPOR BETTER) OUTDOORS.

2B TIE SUBCONTRACTOR SHALL NOTIFY AND OBTAIN NECESSARY AUTLDRRATIONFROM THE CONTRACTOR BEFORE COMMEM'GN'O WORK ON THE PC POWERDISTRIBUTION PANELS.

27.TI-E SUBCONTRACTOR SHALL PROVIDE NECESSARY TAGGING ON THE BREAKERS,

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B.PANELDOARDS OD NUMBERS) AND INTERNAL CIRCUIT BREAKFAS(CIRCUIT D NUMBERS) SHALL SE C L E A R L Y LABELED WITHENGRAVED UMACOM PUBIC LNLFD).

B. ALL TIE MAPS SHALL PE CUT FLUSH WITH APPROVED CUTTING TOOLTO REMOVE SHARP EDGES.

10. POWER, CONTROL, AND EDUEMENT MOUND HIRING INRISING OR COMUTT

BE SINGLE CONDUCTOR(114 AWE, ORIE

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USED.HE LOCATION

CABLES AND DISTRIBUTION PANELS IN ACCOROANCEWIII/THE APPUCABLE CODESAND STANDARDS TOBAFEGWRDAGAINST LIFE AND PROPERTY.

1. THE M2 ANTI, BCW, FROM THE RUG GROUND SHALLBE CADWELDEDTOTHE POST ABOVE GRADE

2. SONG EACH HORIZONTAL POLEISIACE TO EACH OTHER NiDTO EACHVERTICAL POLE BONDED TO THE EXTERIOR GROUNDRING

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NOTE:1. NUMBER OF GROUND BARS MAY VARY

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GROUND WIRE DOWN TO GROUND BAR.

2. GROUNDING KIESH/1 . BE TYPE ANTI PARTNIMBER AS SUPPLIED ORRECOMMENDED BY CABLE MANUFACTURER.

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GROUND ROD DETAIL110T TO SCALE

INSTALLATION OF GROUND WIRE TO COAXCABLE GROUND BAR DETAIL

NOT 10 SCALE

oz awe SOUDBARETIIAEDCOPPER GROUND CONX)CTOR.EXOTHERMIC WELD TO BURIED GROUNDRING AND onus') EAR

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GROUIDBAR ROUTECONDUCTOR TO BURIED GROUND RING AND PROVIDEPARALLEL EXOTHEPMICWELD

2. USE PERMANENT MARKER TO DRAW TIE LINES BETWEEN EACHSECTION ANDLASEL EACH SECTINEP, VL', IY WITH 1' HIGH LETTERS.

CONNECTION OF GROUND WIRE TO GROUNDING BAR (CIGBE)TOWER/ MONOPOLE/ROOFTOP

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LANSING, MI 48912

02/01/11 2DNDE r TONER SEPAAATON WAS ADDED DAW YY GROUNDING DETAILS0 09/27/10 PBDAERVO ERMINES ow NM IN

no. DATE BENSONS .DAPS DRAWNC NUMBER

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GROUNDING NOTES1.ALL GROUND ELECTRODE SYSTEMS (INCLUDING TELECOMMUNICATION, RADIO, LIGHTNING PROTECTION. AND AC POWER GENE) SHALL BE BONGEDIGGETHER, AT OR BELOWGRACE, BY TWO OR MORE COPPER BONDINGCOEUCTORS IN ACCORDANCE WITH THE NEC.

2. THE SUBCONTRACTOR WILL PERFCAM IEEE FALL-OF-POTENTIAL RESISTANCE TO EARTH TESTING (PER IEEE 1100 AND al) FOR GROUND ELECTRODE SYSTEMS. THESLSOONTRACTORSHALL FURNISH AND INSTALLSUPPLEMENTALGROUND ELECTRODES AS NEEDED TO ACHIEVE ATEST RESULT OF SOIIMS OR LESS.

D. THE SUBCONTRACTOR IS RESPONSIBLE FOR PROPERLY EEQUENCIMO GROUNDING MU UNDEROROUNO CONDUNNIETAUATION AS TO PREVENT ANT LOSS OF EONTITMJITY IN TIEGROUNDING SYSTEM OR MANGE TO THE CONDUIT.

4. METAL COFDUTND TRAY SELL BE GROUNDED ANO MADE ELECTRICALLY CONTINUOUS WITH UBTED BONDING FTIINDSOR BY BONDING ACROSS THE OIBCONTIMITY BATHOSAND COPPER WIRE UL APPROVED GROUNDING TYPE CONDUIT CLAMPS.

_

5. METAL RACEWAY SHA- NOT BE USED AS THE NEC REQUIRED EQUIPMENT GROUND CONDUCTOR. STRNNDEO COPPER CONDUCTORS WITH GREEN INSULATE% SIZED INACCORDANCE WITH TIE NEC. BHAU. BE FURNISHED AND INSTALLED WITH THE POWER CIRCUITS TO MS EQUIPMENT.

B. EACH BTS CAOUET FRAME SHALL BE DIRECTLY CONNECTED TO THE MASTER GROUND BAR WITH GREEN INSULATED SLPPLEMENTALEQUIPMENT CROWD WIRES, SAVIGSTRANDED COPPER OR LARGER FOR INDOOR BTS; 2 AWG STRANDED COPPER FOR OUTDOOR BM.

7. CONNECTIONS TO THE GROUND BUS SHALL NOT BE DOUBLED UP OR STACKED. BACK TO BACK CONNECTIONS ON OPPOSITE SLOES OF THE GROUND BUS ARE PERMITTED.

B. ALLEXTERCR GROUND CONDUCTORS BETWEEN EOUIPMENTDROWO BARS AND THE GROUND RING. SELLSE II 2AWO SOUD TINNED COPPER UNLESS OTHERWISE INDICATED.

D. ALUMINUM CONDUCTOR OR COPPER CLAD STEEL CONDUCTOR SHALL NOTBE USED FOR GROUNDING CONNECTIONS.

10. USE OF D• BEMS IN THE PROTECTION OR0700NG CONDUCTORS SHALL BE AVOIDED WHEN 401 BENDS CAN BE AOEQUATELY SUPPORTED.

11. EXOTHERMIC WEIRS SHALL BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRACE.

12 ALL GROUND CONNECTIONS ABOVE GRADE (INTERIORS FOnERIOR)SIIALL BE FORMED USING HIGH PRESS CRIMPS.

1G COMPRESSION GROUND CONNECTIONS MAYBE REPLACED BY EXOTHERMIC WELD CONNECTIONS.

14. ICE BRIDGE BONDING CONDUCTORS SHALL BE EXOTHERMICALLY BONDED OR BOLTED TO TEE ERDOEAND ME TOWER GROUND BAR.

1S APPROVED ANTIOXIDANT COATINGS (LE. CONOUCRVE GEL OR PASTE) SHALL BE USED ON ALL COMPRESSION AND BOLTED GROUND CONNECTIONS.

IN AU. EXTETTIDR OROUM CONNECTIONS STALL BE CONTEDNMTH ACORROSION RESISTANT MATERIAL.

17. MISCELLANEOUS ELECTRICAL AND NONELECTRICAL METAL BOXES, FRAMES AND SUP FORTS SHALL SE BONDED TO THE GROUND RING, IN ACCORDANCE WITH THE EEC.

1D BOND ALL METALLIC OBJECTS WITHIN8 FT OF MAIN GROUND WIRES 701H 142 AWG 71N-PLATED COPPER GROUND CONDUCTOR.

ID GROUND CONDUCTORS USED IN THE FACILITY GROUND MD LIGHTNING PROTECTION SYSTEMS SHAL NOT BE ROUTED THROUGH METALLIC OBJECTS THAT FORM ARINGAROUND THE OONOUCBDR,SUCH AS METAUC CONDUITS. METAL SUPPCRT CUPS OR SLEEVES THROUGH WALLS OR FLOORS. MEN IT IS RECLINED TO BE HOUSED IN CONDUIT TOMEET CODEREOUREMENTS OR LOCAL CONIXTIONS, NONJJETAWC MATERIAL SUCH AS PVC PLASTIC CONDUIT SHALL BE USED. WHERE USE OF METAL CONDUIT IS UNAVOIDABLE(E.G., NONMETALLIC CONDUIT PROHIBITED BY LOCH. CODE) THE GROUND CONDUCTOR MALL BE BONDED TO EACH END OFTHE META CONDUIT.

20. INSTALL GROOM RODS FOR THE NEW OROUNO RING. SEPARATION SEIV.EEN GROUND ROOSSHOULD NOT BELESSTNAN TIE LENGTH OF THE RODS NOR DE MORETHAN ONE ANDONE-HALE TIMES THE LENGTH OF THE RODS. CONNECT TIE NEW RING TO EXISTING GROUNDRING IN AT LEAST 7WO SEPARATE PLACES.

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The information in ,this' document is confidential .and proprietary.

FULL VIEW OF PROPOSED SITE FROM WEST

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CITY OF LANSINGNOTICE OF PUBLIC HEARING

SLU-1-2011, 300 Frandor AvenueSpecial Land Use Permit - Telecommunications Tower

The Lansing City Council will hold a public hearing on Monday, May 23, 2011, at 7:00 p.m. inCouncil Chambers, 10t Floor, Lansing City Hall, 124 W. Michigan Avenue, Lansing, Michigan,to consider SLU-1-2011. This is a request by Crown Castle USA to construct a new 199-foothigh, monopole, telecommunications tower in the northwest corner of the property at 300Frandor Avenue. The subject property is zoned "F" Commercial, which district permitstelecommunications towers, if a Special Land Use pennit is approved by the Lansing CityCouncil.

For more information about this case, phone City Council Offices on City business days,Monday through Friday, between 8 a.m. and 5 p.m. at 483-4177. If you are interested in thismatter, please attend the public hearing or send a representative. Written comments will beaccepted between 8 a.m. and 5 p.m. on City business days if received before 5 p.m., Monday,May 23, 2011, at the City Council Offices, Tenth Floor, City Hall, 124 West Michigan Avenue,Lansing, MI 48933-1696.

Chris Swope, City Clerk

DE

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIATION & REDEVELOPMENT DIVISIONPO BOX 30426, LANSING, MI 48909-7926, Phone 517-373-9837, Fax 517-373-2637, E-mail DEO- [email protected]

NOTICE TO LOCAL UNIT(S) OF GOVERNMENT OF LAND USE RESTRICTIONSThis information and form is required under Sections 21310a(5) and 21316 of Part 213, Leaking Underground Storage Tanks (LUST), ofthe Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. Failure to comply with the provisions of this Actmay result in civil fines not to exceed $10,000 for each day the violation continues or failure to comply continues.

Instructions:

(1) Use this form to provide notice of land use restrictions that are part of the corrective action plan to the LocalUnit(s) of Government (LUG).

(2) If corrective action is based on the use of institutional controls regarding off-site migration ofregulated substances, submit a draft copy of this notification with the corrective action plan and wait for Remediation &Redevelopment Division (RRD) approval before providing notice to the LUG. If the institutional controls are for on-site contamination,the owner/operator may proceed with providing notice to the LUG. (3) Send the notice to the city, village or township clerk. Providea copy to the County/District Health Department if groundwater exceeds Tier 1 residential criteria. (4) Submit a copy of the noticeand proof of providing the notice with the Closure Report (EQP 3843) to the appropriate RRD District Office in form EQP4410.This notice does not constitute a warranty or representation of any kind by the State of Michigan that the corrective actionsperformed in accordance with this notice will result in the achievement of the remedial criteria established by Law, or that theproperty is suitable for any particular use.

Ingham County Health Department

City of LansingName of Local Unit of Government

Name of Local Unit of Government

Notice to the Local Unit of Government Receiving this Form:A corrective action plan for the site named below has been developed as a result of a release from anunderground storage tank. This form and the attachments are to provide the local unit(s) of governmentnotice of the land use restrictions that are part of the corrective action plan. A copy of the institutionalcontrol mechanism(s) in the form of a Corrective Action Notice to Register of Deeds, and/or RestrictiveCovenant, and/or alternate mechanism is/are attached. The attached institutional control mechanism(s)describe the land use restrictions and the land where the restrictions apply.

Owner or Operator: Speedway LLC

Site Name:

Speedway #8789

Site Address:

3625 South Cedar Street

City:

Lansing

State: MI

Zip:

48910-4609

Contact Person:, Bryan M. Witt

Phone Number:

937-863-6507

Mailing Address: PO Box 1500

City:

Springfield

State:

OH

Zip:

45501

Qualified Underground Storage Tank Consultant : Practical Environmental Consultants, Inc.

Address: 1239-76th St SW, Suite A

City

Byron Center

State:

MI

Zip:

49315

Contact Person:

Jenny McCrary

Phone Number:

616-583-9850, ext 22

I hereby attest to the accuracy of the statements in this document and all attachments.

I further certify that thelanguage on this form has not been modified.

11(12/15/10

Owner or Operator's Signature

Date

EQP3872 (Rev. 2/2003)

D1.1_1

Ltt.aCDLUaf:

a. e

DECLARATION OF RESTRICTIVE COVENANT

MDEQ Reference No. RC-RRD-213-10-132

This Declaration of Restrictive Covenant (Restrictive Covenant) was recorded with the InghamCounty Register of Deeds to protect public health, safety, and welfare, and the environment byprohibiting or restricting activities that could result in unacceptable exposure to environmentalcontamination present at the property located in 3625 South Cedar Street, Lansing, Michiganand legally described in the attached Exhibit 1 (Property).

The Property is associated with Speedway LLC #8789 for which a Final Assessment Report(FAR) was completed under Part 213, Leaking Underground Storage Tanks, of the NaturalResources and Environmental Protection Act, 1994 PA 451, as amended (NREPA),MCL 324.21301 et seq. Corrective actions that will be implemented to address environmentalcontamination are fully described in the FAR dated March 25, 2011. A copy of the FAR isavailable from the Michigan Department Environmental Quality (MDEQ) Remediation Division,Lansing District Office.

Part 213 of NREPA requires the recording of this Restrictive Covenant with the Ingham CountyRegister of Deeds based upon the corrective action activities for the site to: (1) restrictunacceptable exposures to regulated substances located on the Property; (2) assure that theuse of the Property is consistent with the exposure assumptions used to develop cleanupcriteria under Section 21304a(2) of the NREPA, and (3) assure the exposure control measuresrelied upon in the FAR are effective. The restrictions contained in this Restrictive Covenant arebased upon information available at the time the FAR was implemented by Speedway LLC.Failure of the corrective action to achieve and maintain the cleanup criteria, exposure controls,and requirements specified in the FAR; future changes in the environmental condition of theProperty or changes in the cleanup criteria developed under Section 21304a(2) of the NREPA;the discovery of environmental conditions at the Property that were not accounted for in theFAR; or use of the Property in a manner inconsistent with the restrictions described below mayresult in this Restrictive Covenant not being protective of public health, safety, and welfare, andthe environment. The adequacy of the corrective actions undertaken pursuant to the FAR maynot have been reviewed by the MDEQ.

Exhibit 2 provides a survey of the Property that is subject to the land and/or resource userestrictions specified in this Restrictive Covenant.

B: 3416 P: 299 03/28/2011 04:00 PM Pages: 162011-012404 GOVERNMENT LAND ACTION Receipt #67764, 67764-ClCurtis Hertel Jr

Ingham County, Michigan

.',

11111111 111111111111111111111111111111111111111111111111111111

Definitions

For the purposes of this Restrictive Covenant, the following definitions shall apply:

"MDEQ" means the Michigan Department of Environmental Quality, its successor entities, andthose persons or entities acting on its behalf.

"Owner" means at any given time the then-current title holder of all or any portion of theProperty.

"RBCA" means the American Society for Testing and Materials (ASTM) document entitled,"Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites,"Designation E 1739-95.

All other terms used in this document which are defined in Part 3, Definitions, of the NREPA;Part 213 of the NREPA; Part 201, Environmental Remediation, of the NREPA; or the Part 201Administrative Rules (Part 201 Rules), 1990 AACS R 299.5101 et seq., shall have the samemeaning in this document as in Parts 3, 213, and 201, and the Part 201 Rules, as of the datethis Restrictive Covenant is filed.

Summary of Corrective Actions

Constituents of a petroleum product were released from an underground storage tank systemand remain present at levels that do not allow unrestricted use of this property. Public healthwill be protected by preventing the use of the groundwater for ingestion, prohibiting theconstruction of subsurface structures intended for occupancy, and requiring propercharacterization and disposal of impacted soils, if soils are to be disturbed.

THEREFORE,

1. Declaration of Land and Resource Use Restrictions

In accordance with the FAR, Speedway LLC, as the owner of the Property, covenants thatthe Property is subject to the following restrictions:

a. Prohibited Land Uses.The Owner shall prohibit all uses of the property that are not compatible with thenon-residential, land use category relied on by the FAR and allowed under Section 21304a(2) ofthe NREPA, and generally described in the "Description of Allowable Uses," attached asExhibit 3.

Cleanup criteria for land use-based corrective actions are located in the GovernmentDocuments Section of the Library of Michigan.

b. Prohibited Activities to Eliminate Unacce•table E •osures to Re•ulated Substances.The Owner shall prohibit activities on the Property that may result in exposures above levelsestablished in the FAR. These prohibited activities include:

1) The construction of wells or other devices used to extract groundwater forconsumption, irrigation, or any other purpose, except as provided below:

(a) Wells or other devices constructed for the purpose of evaluating groundwaterquality or to remediate subsurface impacts associated with a release of regulated substancesinto the environment are permitted, provided the construction of the wells or devices complieswith all applicable local, state and federal laws and regulations and does not cause or results ina new release, exacerbation of impacts, or any other violation of local, state or federal laws orregulations.

(b) Short-term dewatering for construction purposes is permitted provided thedewatering includes management and disposal of the groundwater is conducted in accordancewith all applicable local, state and federal laws and regulations; and does not cause or result ina new release, exacerbation of impacts, or any other violation of local, state or federalenvironmental laws and regulations.

2) The construction of any subsurface structure intended for occupancy (he. basements)is prohibited.

c. Prohibited Activities to Ensure Effectiveness and Integrity of the Corrective Action. TheOwner shall prohibit activities on the Property that may interfere with any element of the FAR,including the performance of operation and maintenance activities, monitoring, or othermeasures necessary to ensure the effectiveness and integrity of the FAR.

There are no additional activities to those referenced in this RC that need to be prohibitedto ensure the effectiveness and integrity of the Corrective Action.

d. Contaminated Soil Management. The Owner shall manage all soils, media, andlordebris located on the Property in accordance with the applicable requirements ofSections 21304b and 20120c of the NREPA; Part 111, Hazardous Waste Management, of theNREPA; Subtitle C of the Resource Conservation and Recovery Act, 42 USC Section 6901et seq.; the administrative rules promulgated thereunder; and all other relevant state and federallaws.

2. MDEQ Access. The Owner grants to the MDEQ and its designated representatives the rightto enter the Property at reasonable times for the purpose of determining and monitoringcompliance with the FAR, including the right to take samples, inspect the operation andmaintenance of the corrective action measures and inspect any records relating to them, and toperform any actions necessary to maintain compliance with Part 213 and the FAR.

3. Conveyance of Property Interest. A conveyance of title, easement, or other interest in theProperty shall not be consummated by the Owner without adequate and complete provision forcompliance with the terms of the FAR and this Restrictive Covenant. A copy of this RestrictiveCovenant shall be provided to all future owners, heirs, su ccessors, lessees, easement holders,assigns, and transferees by the person transferring the interest in accordance withSection 20116(3) and Section 21310a(2)(c) of the NREPA.

4. Audits Pursuant to Section 21315 of the NREPA. This Restrictive Covenant is subject toaudits in accordance with the provisions of Section 21315 of the NREPA, and such an auditmay result in the finding by the MDEQ that this Restrictive Covenant is not protective of thepublic health, safety, and welfare, and the environment.

5. Term of Restrictive Covenant. This Restrictive Covenant shall run with the Property and isbinding on the Owner; future owners; and their successors and assigns, lessees, easementholders, and any authorized agents, employees, or persons acting under their direction and

control. This Restrictive Covenant shall continue in effect until the MDEQ or its successordetermines that regulated substances no longer present an unacceptable risk to the publichealth, safety, or welfare, or the environment, and may only be modified or rescinded with thewritten approval of the MDEQ.

6. Enforcement of Restrictive Covenant. The State of Michigan, through the MDEQ, andSpeedway LLC may individually enforce the restrictions set forth in this Restrictive Covenant bylegal action in a court of competent jurisdiction.

7. Disclaimer. This Property contains regulated substances in excess of the concentrationsdeveloped as the unrestricted residential criteria under Section 29304x(2) of the NREPA. TheMDEQ recommends that prospective purchasers or users of this Property undertakeappropriate due diligence prior to acquiring or using this Property and undertake appropriateactions to comply with the requirements of Section 20107a of the NREPA.

8. Severabili . If any provision of this Restrictive Covenant is held to be invalid by any court ofcompetent jurisdiction, the invalidity of that provision shall not affect the validity of any otherprovision of this Restrictive Covenant, which shall continue unimpaired and in full force andeffect.

9. Authority to Execute Restrictive Covenant. The undersigned person executing thisRestrictive Covenant is the Owner, or has the express written permission of the Owner,Speedway LLC. and certifies that he or she is duly authorized to execute and record thisRestrictive Covenant.

IN WITNESS WHEREOF, Speedway SuperAmerica LLC has caused this Restrictive Covenant, RC-RRD-213-10-132, to be executed on this d '

LJch..la^,ô• Zcil

Speedway SuperAmerica LLC

Name: J. Mitchell Oliver

Title: Manaqer, Corporate Environmental

STATE OF OHIOCOUNTY OF CLARK

Acknowledged by J. Mitchell Oliver before me on the day of

CASEY C GREGOR`rNotary Public

In and for the State of Ohio Notary Public Signat re

Notary Public, State of (Q^' lr' C7My Commission ExpiresMarch 26, 2014

County of

C,L..c x iC

Ivly commission expires: wale> l -201(4

Acting in the County of 01..r1`C

Drafted by:

Name:

Jenny McCrary

Company:

Practical Environmental Consultants, Inc.

Addres s 1239 76th St SW, Suite A, Byron Center, MI 49315

CONSENT OF OWNER

I, Speedway SuperAmerica LLC, the current and legal Owner of the Property, do hereby consentto the recording of this Restrictive Covenant and authorize Practical Environmental Consultants,Inc. to file this Restrictive Covenant with the Ingham County Register of Deeds for recording:

Speedway SuperAmerica LLC

Name: J. Mitchell Oliver

Title: Manager, Corporate Environmental

STATE OF OHIOCOUNTY OF CLARK

Acknowledged by J. Mitchell Oliver before me on the t day of ® a 0010

Notary Public Signatuf e

Notary Public, State of Chi oCounty of Obi'.

My commission expires: / L4 Acting in the County of

CASEY C GREGORYNotary Public

* In and for the State of OhioMy Commission Expires

March 26, 2014

EXHIBIT 1

LEGAL DESCRIPTION OF PROPERTY

Land in the City of Lansing, Ingham County, Michigan, described as follows:

Lot(s) 11, 12, and 13 of EDWARD'S GLENDALE HEIGHTS SUBDIVISION, according to therecorded Plat thereof; and also Lots 1 through 6, inclusive, of Maple Hill Subdivision, City ofLansing, Ingham County, Michigan, according to the recorded plat thereof EXCEPT that part ofsaid Lots 2, 3 and 4 described as: Beginning on the Northerly line of Hunter Boulevard at theSoutheast corner of said Lot 4, running thence North 20 degrees 23 minutes East, 100.76 feet to theNortheast corner of said Lot 4, being the Southerly line of public alley; thence North 72 degrees 51minutes 30 seconds West, 32.79 feet; thence North 00 degrees 20 minutes 00 seconds West, 7.65feet; thence North 67 degrees 11 minutes 00 seconds West, 84.75 feet; thence South 62 degrees 02minutes 00 seconds West, 77.33 feet to the Southwesterly line of Lot 2; thence South I 1 degrees51 minutes 30 seconds East, 2.32 feet to the Southwest corner of said Lot 2, which also marks apoint of curvature of the street right-of-way; thence Southeasterly 119.0 feet on the arc of a 113.99foot radius curve to the left, whose chord measures South 41 degrees 46 minutes East, 113.67 feet;thence South 71 degrees 40 minutes 30 seconds East, 69.85 feet on the Northerly line of HunterBoulevard to the point of beginning; ALSO EXCEPT all that part of Lot 1, of MAPLE HILLSUBDIVISION, City of Lansing, Ingham County, Michigan, as recorded in Liber 8 of Plats, onPage 33, Ingham County Records, and that part of Lots 11, 12 and 13 of EDWARD'S GLENDALEHEIGHTS SUBDIVISION, said City of Lansing, as recorded in Liber 1117 of Plats, on Page 301,Ingham County Records, described as: Beginning at a point on the West line of said Lot 1, whichis 25 feet from the Southwest corner of said Lot 1; thence Northerly along the West line of said LotI, to the Northwest corner thereof; thence North 137 feet, along the West line of said Lots 11, 12and 13, to the Northwest corner of said Lot 11; thence East, along the North line of said Lot 11, adistance of 16 feet; thence Southwesterly, 14 feet, more or less, to a point which is 6 feet East andI 0 feet South of the Northwest corner of said Lot 11; thence South 127 feet to a point on the Southline of said Lot 13 which is 6 feet East of the Southwest corner of said Lot 13; thence Southerly 40feet, more or less, to the point of beginning.

Permanent property numbers: 3301-33-230-132, 3301-33-230-006-6 as to Lot 5, and3301-33-230-009-5 as to Lot 6.

EXHIBIT 2

SURVEY OF THE PROPERTY

OR

SURVEY OF THE PROPERTY AND LIMITS OF LAND OR RESOURCE USE RESTRICTIONS

PROPERTY SURVEYFOR: PRACTICAL ENVIRONMENTAL CONSULTANTS INC.

ATTN: JASON CONANT1239 76TH STREET, SW; STE. ABYRON CENTER, MI 49315

IN:

PART OF THE NE 1/4, SECTION 33, T4N, R2W.CITY OF LANSING, INGHAM COUNTY, MICHIGAN

e ,eiPlenginReeriiTng, Inc.\

52520WO Perk e.vr. • Grand arose. MI 49500Rome: (ON 51 5 31396 0

F. 1515) 531-2121wow,. Nar4neoAe.wm

D = DEEDED DIMENSIONo = IRON STAKE FOUNDo = TELEPHONE BOX

= UTILITY POLE & GUY WIRE* = LIGHT POLE

= SIGNV = HYDRANTo = VALVE[O = CATCH BASINO = MANHOLE

-.°--.- = OVERHEAD WARESM = MEASURED DIMENSIONP = PLATTED DIMENSION

MW-co M = MONITORING WELL4; ■ = AIR SPARGE WELLA = SOIL VAPOR EXTRACTION WELL0 = UNDERGROUND TANK COVER

AND DIAMETEROx = EASEMENT NO. (SEE EASEMENT LIST)

FB CHRISTIAN3523 S. CEDAR ST

MN'-14R

Description:

Parcel 1:Lot(s) 11, 12, and 13 of Edward's Glendale Heights Subdivision, according to the recorded platthereof; and also Lots 1 through 6, inclusive, of Maple Hill Subdivision, City of Lansing, InghamCounty, Michigan, according to the recorded plat thereof. Except that part of said Lots 2, 3 and 4described as: Beginning on the Northerly line of Hunter Boulevard at the SE comer of said Lot 4;running thence N20°23'E, 100.76 feet to the NE corner of said Lot 4, being the Southerly line ofpublic alley; thence N72°51'30W, 32.79 feet; thence NOO'20'00'W, 7.65 feet thence N67°11'00°W,84.75 feet; thence S62°02'00W, 77.33 feet to the Southwesterly line of Lot 2: thence S11°51'30 'E,2.32 feet to the SW corner of said Lot 2, which also marks a point of curvature of the streetright-of-way; thence Southeasterly 119.0 feet on the arc of a 113.99 foot radius curve to the 1e8,whose chord measures S41°46'E, 113.67 feet; thence 571°40'30°E, 69.85 feet on the Northerly lineof Hunter Boulevard to the Point of Beginning. Also Except all that part of Lot 1, of Maple HillSubdivision, City of Lansing, Ingham County, Michigan, as recorded in Libor 8 of Plats, on Page 33,Ingham County Records, and that part of Lets 11, 12 and 13 of Edward's Glendale HeightsSubdMSion, said City of Lansing, as recorded In Liber 1117 of Plats, on Page 301, Ingham County

M•A'-z1 Records, described as: Beginning ate point on the West line of said Lot 1, which Is 25 feet from the® SW corner of said Lot 1; thence Northerly along the West line of said Lot 1, to the NW corner

thereof; thence North 137 feet, along the West line of said Lots II, 12 and 13, to the NW corner ofsaid Lot 11; thence East, along the North line of said Lot 11, a distance of 18 feet; thenceSouthwesterly, 14 foot, more or less, to a point which Is 8 feet East and 10 feet South of the NWcorner of said Lot 11; thence South 127 feet toe point on the South One of said Lot 13 which is 6feet East of the SW corner of said Lot 13; thence Southerly 40 feet, more or less, to the Point ofBeginning.

Parcel 2:Pad of Lots 2, 3 and 4, Plat of Maple Hill, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof asrecorded in Liber 8 of Plats. Page 33. Ingham County Records; Beginning on the Northedy line of Hunter Boulevard at the SEcorner of said Lol 4, running thence N20°23'E 100.7e feet to the NE corner of said Lot 4, being the Southerly line of public alley,thence N72°51'30W 32.79 feet, thence NO0°20'00W 7.65 feet, thence N67°11'W 84.75 feet, thence S62°02'W 77.33 feet to theSouthwesterly line of Lot 2, thence S11°51'30°E 2.32 feet to the SW corner of said Lot 2 which also marks a point of curvature ofthe street right of way. thence Southeasterly 119 feet on the arc of a 113.99 foot radius curve to the left whose chord measuresS41°46'E 113.67 feet to a point of tangency, thence S71°40'30'E 69.86 feet on the Northerly line of said Hunter Boulevard to thepoint of beginning.

RE: SSA #87893625 S. CEDAR ST.

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SCALE: 1" = 30'

MW-13UT

EASEMENT LIST1.16.5' EASEMENT TO MICH. BELL TEL. CO . PER L. 1488, P. 425.2.16.5' EASEMENT TO MICH. BELL TEL. CO. PER L 1468, P. 426.3.10'X10' EASEMENT TO MICH. BELL TEL. CO . PER L. 1468, P. 427.4.101X10' EASEMENT TO MICH. BELL TEL. CO. PER L. 1506, P. 7595.EASEMENT TO CITY OF LANSING BOARD OF WATER AND LIGHT

FOR ELECTRIC AND COMMUNICATION LINES PER L. 3275, P. 52.6.EASEMENT TO MICH. BELL TEL CO. PER L. 3277, P.425.7.20' EASEMENT TO CITY OF LANSING BOARD OF WATER AND

LIGHT FOR WATERMAIN PER L. 3285, P. 735.

Notes:1.Recorded easements ere based on Fidelity National Title Insurance

Company title search No. 61977, dated November 30.2010.2.Lath 11, 12 and 13, Edward's Gtonda!e Heights Subdivision, are subject

to the terms, conditions and provisions recited in Notice of Claim,recorded in Libor 1059, Page 625.

3.Parcel 2 is subject to the terms, conditions and provisions recited InTrustee's Deed retorted in Libor 1962, Page 136.

4.This properly is subject to the terms, conditions and provisions recited InCorrective Action Notice to Register of Deeds recorded in Liber 2840,Page 934.

5.This property is subject to the terms, conditions and provisions recited inRestrictive Covenant recorded in Liber 3027, Page 287.

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EXHIBIT 3

DESCRIPTION OF ALLOWABLE USES

Nonresidential Land Use: This land use is characterized by any use which is not residential innature and is primarily characterized by industrial and commercial uses. Industrial usestypically involve manufacturing operations engaged in processing and manufacturing ofmaterials or products. Other examples of industrial uses are utility companies, industrialresearch and development, and petroleum bulk storage. Commercial uses include anybusiness or income-producing use such as commercial warehouses, lumber yards, retail gasstations, auto dealerships and service stations, as well as office buildings, banks, andmedical/dental offices (not including hospitals). Corrimercial uses also include retail businesseswhose principal activity is the sale of food or merchandise within an enclosed building andpersonal service establishments which perform services indoors such as health clubs,barber/beauty salons, photographic studios, etc.

Any residential use is specifically prohibited from the non-residential land use category. Thiswould include the primary use of the property for human habitation and includes structures suchas single family dwellings, multiple family structures, mobile homes, condominiums, andapartment buildings. Residential use is also characterized by any use which is intended tohouse, educate, or provide care for children, the elderly, the infirm, or other sensitivepopulations, and therefore could include day care centers, educational facilities, hospitals, eldercare facilities, and nursing homes. The use of any accessory building or portion of an existingbuilding as a dwelling unit permitted for a proprietor or storekeeper and their families, located inthe same building as their place of occupation, or for a watchman or caretaker is alsoprohibited. Any authority that allows for residential use of the Property as a legal non-conforming is also restricted per the prohibitions contained in this restrictive covenant.

EXHIBIT 4

APPLICABLE SECTIONS OF THE CODIFIED ORDINANCES FOR THECITY OF LANSING, INGHAM COUNTY, MICHIGAN

See Attached Document

TITLE 6. ZONING

Page 80 of 169

There shall be a rear yard of not less than 25 feet in an E-2 Local Shopping District.(Ord. No. 636, 3-7-83)

1266.09. Height restrictions.No structure shall exceed 25 feet in height in an E-2 Local Shopping District.

(Ord. No. 636, 3-7-83)

CHAPTER 1268. F AND F-1 COMMERCIAL DISTRICTS*

*Cross references: Zoning and planning in home rule cities - see M.C.L.A. Sec. 117.4i;Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. Sec. 125.581;Regulation of buildings; authority to zone - see M.C.L.A. Sec. 125.582; Regulation of congestedareas - see M.C.L.A. Sec. 125.583; Uses of land or structures not conforming to ordinances; powersof legislative bodies; acquisition of property - see M.C.L.A. Sec. 125.583a; Effect of zoning ordinanceor zoning decision in presence of demonstrated need for certain land use - see M.C.L.A. Sec.125.592.

1268.01. Intent.The intent of the F and F-1 Commercial Districts is to allow general retail commercial uses.

(Ord. No. 636, 3-7-83)

1268.02. Principal uses permitted.In an F or F-1 Commercial District, the following principal uses are permitted:

Any principal use permitted in an E-2 Local Shopping District;Any principal use permitted in a D-1 Professional Office District;

A comparison retail store;A private club, fraternal organization or lodge hall;

A restaurant, bar or tavern;A fully enclosed theater, assembly hall or concert hall;A hotel or motel;An off-street parking facility;

http://libraryl.municode.com/default-now/DocView/13231/1/62/65

12/15/2010

TITLE 6. ZONING

Page 81 of 169

(i) A public park and playground, except those regulated by special conditionspursuant to Section 1256.03(g), (h) and (i);

(j) Any other use which, by the decision of the Planning Board, is similar to theprincipally permitted uses set forth in this section; and

(k) An accessory structure which is customarily incidental to any of the usespermitted by this section.

(Ord. No. 735, 11-24-86)

1268.03. Uses permitted subject to special conditions.(a) The conditional uses described in this section shall be permitted in an F or F-1Commercial District if the dimensional requirements described in Sections 1268.05 to1268.09, the landscaping, screening and buffering requirements described in Chapter 1290,the conditions imposed by this section and all local, State and Federal laws are met.(b) Any conditional use which is permitted in the E-2 Local Shopping District as described inSection 1266.03, shall be permitted in an F or F-1 Commercial District, if the conditions ofSection 1266.03 are met.(c) A hospital shall be permitted in the F or F-1 Commercial District, if the conditionsdescribed in Section 1258.03(c) are met.(d) A clinic shall be permitted in an F or F-1 Commercial District, if the conditions describedin Section 1260.03(e) are met.(e) An animal hospital which provides no kennel shall be permitted in an F or F-1Commercial District.(f) A kennel which meets all of the following conditions shall be permitted in an F or F-1Commercial District:

(1) If the lot on which the kennel is located abuts a residential use, any structureshall be set back not less than 50 feet from each adjacent residential lot line.

(2) Each kennel which has an outside exercise run or treatment area shall have a lotsize of not less than ten acres.

(3) If a kennel has an open exercise run or treatment area, the open exercise run ortreatment area shall be located not less than 400 feet from any lot line.

(g) The use of a lot for the sale or lease of new or used automobiles, trailers, boats, farmmachinery or equipment, recreational vehicles, lawn furniture, playground equipment orgarden supplies shall be permitted in an F or F-1 Commercial District, if all of the followingconditions are met:

(1) The area of the lot on which the items described in this subsection are locatedshall be covered with Portland cement or asphaltic concrete.

(2) Each point of vehicular ingress and egress to the lot shall be not less than 60 feetfrom the intersection of any two streets.

(3) Any repair or refinishing which is done on the lot shall be done within the confinesof an enclosed structure.

(4) Lighting shall be confined within and directed onto the sales, lease or parkingarea only.


12/15/2010

TITLE 6. ZONING

Page 82 of 169

(5) The portion of the lot on which the items described in this subsection are locatedshall have a buffer zone of at least eight feet from all lot lines adjacent to the publicright-of-way, excluding approved driveways, and any residentially zoned property. Thebuffer zone shall be landscaped, screened and buffered in accordance with therequirements of Sections 1290.08 and 1290.09 of Chapter 1290.

(h) A residential use shall be permitted with the principal use in an F or F-1 CommercialDistrict, provided that the residential use meets the lot area and parking requirements of theDM-3 Residential District.

(i) A child care facility which meets the following conditions shall be permitted in an F or F-1Commercial District:

(1) The facility shall provide and maintain on the lot not less than 5,000 square feetof open space.(2) For each child in the facility in excess of 33 children, the facility shall provide andmaintain 150 additional square feet of outdoor play area.

(j) A planned development shall be permitted in an F or F-1 Commercial District, if it meetsthe requirements of Sections 1242.04 to 1242.07.

(k) A library or museum owned or operated by a governmental entity which meets all of theconditions described in Section 1248.03(1) shall be permitted in an F or F-1 CommercialDistrict.

(I) A nonaccessory free-standing sign which meets the following conditions shall bepermitted in an F or F-1 Commercial District:

(1) The location of the sign shall meet the height and area requirements described inSections 1268.05 to 1268.09.(2) There shall be not more than one nonaccessory free-standing sign per lot.

(m) A functional family which meets all of the following conditions shall be permitted in an For F-1 Commercial District:

(1) Not more than five persons per unit shall be allowed.(2) The square footage of each room area shall meet the minimum requirements ofthe Building Code.(3) There is one off-street parking space for each vehicle associated with themembers of the functional family, but not less than two off-street parking spacesaltogether.

(Ord. No. 827, 12-17-90; Ord. No. 1013, § 1, 6-19-00; Ord. No. 1041, § 1, 10-22-01)

1268.04. Special land uses.(a) The uses described in this section shall be permitted by Council in accordance with theprocedures and conditions described in Chapter 1282, if the conditions described in thissection for each use are met, and if all Federal, State and local laws are met.(b) A church which is on a lot that abuts a collector, principal arterial or minor arterial, asdefined in the Comprehensive Plan, may be permitted in an F or F-1 Commercial District.(c) A structure which is used by a governmental entity in a manner similar to any of theprincipal permitted uses described in Section 1268.02 may be permitted in an F or F-1

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Commercial District, subject to review by the Planning Board pursuant to Public Act 285 of1931, as amended, being M.C.L.A. 125.31 to 125.45.(d) A structure which is used by a public utility in a manner similar to any of the principalpermitted uses described in Section 1268.02 may be permitted in an F or F-1 CommercialDistrict, subject to review by the Planning Board pursuant to Public Act 285 of 1931, asamended, being M.C.L.A. 125.31 to 125.45.

(e) An automotive drive-in theater may be permitted in an F or F-1 Commercial District, if itmeets all the following conditions:

(1) Each point of ingress and egress shall be connected to a principal or minorarterial, as defined in the Comprehensive Plan.(2) A waiting area on the lot shall be provided for vehicles entering the theater.

(3) Any lighting shall be directed away from adjacent residential districts.(f) A trailer camp may be permitted in an F or F-1 Commercial District, if the conditionsdescribed in Section 1248.04(1) are met.(g) An experimental, research or development laboratory may be permitted in an F or F-1Commercial District.

(Ord. No. 735, 11-24-86)

1268.05. Height and area requirements generally.

in an F or F-1 Commercial District, the height of structures and the minimum dimension ofyards shall be as described in Sections 1268.06 to 1268.09.

(Ord. No. 636, 3-7-83)

1268.06. Front yards.

(a) The front yard of each lot in an F Commercial District shall be not less than 20 feet.(b) If a canopy is constructed in the front yard, the canopy may extend to not closer than 12feet from the front lot line.(c) In an F-1 Commercial District, there shall be no front yard requirement.

(Ord. No. 735, 11-24-86)

1268.07. Side yards.

(a) There shall be not less than one side yard in an F or F-1 Commercial District. Eachminimum side yard may vary in size from zero to 25 feet. This range of side yard dimensionsshall provide greater side yard distances for landscaping, screening and buffering in excessof the minimum requirements of Chapter 1290, if a land use of a more intense nature isestablished abutting a land use of a less intense nature. The exact footage of each side yard


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TITLE 6. ZONING

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within this range shall be determined by the Planning Division based upon all of the followingcriteria:

(1) The location and size of structures on abutting lots;

(2) The type and intensity of use on abutting lots;

(3) The size of the building on the lot for which the building permit is being sought;

(4) The site, design and layout of the structure on the lot for which the building permitis being sought, including, but not limited to, the space required for vehicular access;and(5) The design, location and type of materials used in complying with Chapter 1290.

(b) If the Planning Division rejects a proposed side yard dimension which is within therequired range, it shall do so in writing, giving specific reasons for the denial.

(Ord. No. 735, 11-24-86)

1268.08. Rear yards.

There shall be a rear yard of not less than 25 feet in an F or F-1 Commercial District.

(Ord. No. 636, 3-7-83)

1268.09. Height restrictions.

No building shall exceed 40 feet in height in an F or F-1 Commercial District.(Ord. No. 636, 3-7-83)

CHAPTER 1270. G-1 BUSINESS DISTRICT*

*Cross references: Zoning and planning in home rule cities - see M.C.L.A. Sec. 117.4i;Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. Sec. 125.581;Regulation of buildings; authority to zone - see M.C.L.A. Sec. 125.582; Regulation of congestedareas - see M.C.L.A. Sec. 125.583; Uses of land or structures not conforming to ordinances; powersof legislative bodies; acquisition of property - see M.C.L.A. Sec. 125.583a; Effect of zoning ordinanceor zoning decision in presence of demonstrated need for certain land use - see M.C.L.A. Sec.125.592.

1270.01. Intent.

The intent of the G-1 Business District is to allow for a general retail commercial district forthe downtown area.

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12/15/2010

cekf,"x;

STATE OF MICHIGAN

DEPARTMENT OF ENVIRONMENTAL QUALITYLANSING

RICK SNYDER

DAN WYANTGOVERNOR

DIRECTOR

April 8, 2011

Sent Via E-Mailr-

7JCity of Lansing' Clerk

InCD

124 West Michigan Avenue co) co rnLansing, Michigan 48933 --:

Dear Sir or Madam:

SUBJECT:

File Number 11-33-0010-Pm

MD

Enclosed for your information is an application for permit under'consideration by theDepartment of Environmental Quality, Water Resources Division (WRD), for alteration oroccupation of a floodplain in accordance with the Floodplain Regulatory Authority found inPart 31, Water Resources Protection, of the Natural Resources and Environmental Protection Act,1994 PA 451, as amended.

Our normal review of permit applications considers the effects that the encroachment will haveon flood stage or discharge characteristics, but does not consider the effect that the proposedproject will have on the local community development and land use patterns.

If you have any objections regarding the project, please contact Ms. Donna Cervelli, WRD,Lansing District Office, 525 West Allegan Street, 4th Floor, Lansing, Michigan 48933, ortelephone 517-335-6266. If no response is received within 15 days of the date of this letter fromthe municipality, the county health department or the county drain commission, we will assumethere are no local governmental objections to issuance of the permit.

Environmental Quality AnalystWater Resource DivisionLansing District Office

Enclosurecc/enc: Ingham County Health Department (Sent via e-mail)

Ingham County Drain Commissioner (Sent via e-mail)

CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973www.michigan.gov/deq • (800) 662-9278

All correspondence should: reference the above file nu

US Army Corps of Engineers (USACE)

Michigan Department of Environmental Quality (MDEQ) D€

Previous USACE Permit or File Number Land and Water Management Division, MDEQ File Number

tr) •g^^ -

j -- CrO^`Q m^

Pre application Number or Marina Operating Permit Number-....-- --USACE File NumberU

°'

MARw C

Wa

District Office o^ Ott:;, RESOURCES DIVISION

Fee received $

C

$ 0-6M

Read Instructions pages i -

All of the following boxes below must be checked and information provided for the application to be processed:❑ All items in Sections 1 through 9 are completed 0 Date project was staked❑ Items in Sections 10 through 21 that apply to the project are completed ❑ Application fee is attached❑ Dimensions, volumes and calculations are provided ❑ All requested supplementary attachments (4) are included❑ Reproducible location map, site plan(s), cross sections and photographs are provided, one set must be black and white on 8'A by 11 inch paper.❑ Ust any additional attachments, tables, etc.:

fl

PROJECT LOCATION INFORMATION•

Refer to your property's legal description for the Township, Range, and Section information, and your property tax bill for your Property Tax Identification Number(s).Site location Address (road, if no street address) Zip Code Township Name(s) Township(s) Range(s) Section(s)3301 E. Michigan Ave 48912 Lansing 4N ZdV 13City/Village

LansingCounty(ies)Ingham

_ _Property Tax Identification Number(s)33-01-01-13-151-002

Name ofWaterbody Red Cedar

Project Name orJob Number 84133

Subdivision/Plat

Lot Numbern/a

PrivateClaim

Project types

./ private

■ public/government

❑ industrial

commercial

II multi family(check all that apply)

II building addition

❑ new building or structure

II building renovation or restoration

ID river restoration .

❑ single-familyII project is receiving federal transportation funds Eother (explain)

Parkes Lot renovationThe proposed project is on, within, or involves (check all that apply)

II a legally established County Drain (date established) (M/DIY)

/

I❑

a stream ❑ a pond (less than 5 acres) II a Great Lake or Section 10 Waters ■ a natural river ■ a new marinaII a river

II a channel/canal

III a designated high risk erosion area

II a dam

El a structure removalII a ditch or drain

Ill an inland lake (5 acres or more)

❑ a designated critical dune area

II a wetland

11I a utility crossing■ a floodway area

El a 100-year floodplain

❑ a designated environmental area

II 500 feet of an existing waterbodyEl

DESCRIBE PROPOSED PROJECT AND ASSOCIATED ACTIVITIES, AND THE CONSTRUCTION SEQUENCE AND METHODS (attached additional sheets)Written Summary of All Proposed Activities. A large, deteriorating parking /at will be milled and re-surfaced in equal amounts, (e.g. 3" ofasphalt is milled and 3" is re-surfaced.) In one area of the parking lot, 3 catch basins are proposed to help alleviate anexisting drainage issue.

This area will have both floodplain cut and fill, in very small amounts.

Construction Sequence and Methods. Prepare site with proper soil erosion and sedimentation protection measures.

install new utilitiesas needed to improve drainage. Mil/ and rep/ace asphalt in parking lot. Re-stripe lot as needed.

APPLICANT, AGENT/CONTRACTOR, AND PROPERTY OWNER INFORMATION

Owner/Applicant(individual or corporate name) 3301 East Michigan Partnership

Agent/Contractor(firm name and contact 'arson

KEGS

6reg Petra

Mailing Address 1111 Michigan Ave., Suite 201 Address 2116 Haslett Road

City East Lansing

State MI Zip Code 48823 City Howell

State MI

Zip Code 48855Daytime Phone Number with Area Code

Cell Phone Number517-351-2200

517 319-9205Daytime Phone Number with Area Code

Cell Phone Number51.7 ,339-1014

517-819-5338-Fax 517 351-2201

E-mail

lorna. mchugh@cbre. corn Fax 517339- 8047

E-mail gpetru@kebs, conyd No Eg Yes

Is the applicant the sole owner of all property on which this project is to be constructed and all property involved or impacted by this project?NIP If no, attach letter(s) of authorization from all owners. A letter signed by each property owner authorizing the agent/contractor/other owner to act on his or her behalf or acopy of easements or right-of-ways must be provided, If multiple property owners, also attach a list of all owners along with their names, mailing addresses, and telephonenumbers, If the applicant is a corporation, a corporate officer must provide written document authorizing any agent/contractor listed above to act on its behalf.A letter of authorization must be provided from an owner receiving dredge spoils on their property, or where access through their property is required..Property Owner's Name Mailing Address

JIf different from applicantDaytime Phone Number with Area Code

Cell Phone Number City

State

Zip Code

No IS Yes

Is there a MDEQ conservation easement or other easement, deed restriction, lease, or other encumbrance upon the property in the project area?*9

If yes, attach a copy.

Joint Permit Ap plication

Page 1 of 7

EQP 2731 Revised 6/2008


Michigan Department of Environmental Quality (MDEQ) . DEC.

4

PROPOSED PROJECT PURPOSE, INTENDED USE, AND ALTERNATIVES CONSIDERED (Attach additional sheets if necessary)Purpose/Intended Use: The purpose must include any new development or expansion of an existed land use. The purpose of the work is to alleviatecurrent drainage issues within the parking area, and to mill and re-surface a deteriorating asphalt parking area.

Alternatives: Include a description of alternatives considered to avoid or minimize resource impacts. Include factors such as, but not limited to, alternative constructiontechnologies; alternative project layout and design; and alternative locations.

For utility crossings, include both alternative routes and alternative construction methods.1. The first alternative is to leave the parking lot as-is and continue to use a parking lot in poor shape.

2. The secondalternative would be to mill and re-surface the lot without adding any new drainage structures_

3. The third alternativeconsidered was to remove the entire parking area and re-construct a new parking lot 4. The final choice was to install somenew drainage structures in the existing parking area where water has ponded and mill ef replace the existing parking lot.Once the new drainage is in place and everything has been milled (+/-2') re-surface the parking area with 2" of newasphalt.

This will provide an immediate and long-term solution for the parking lot.

The parking lot maintenance work will notimpact any on-site resources, it is all currently paved.

Temporary and permanent erosion controls will be utilized on-site.LOCATING YOUR PROJECT SITE

*Attach a black and white, legible copy of a map that clearly shows the site location and road from the nearest major intersection, and includes a north arrow. _._

' Is

to the

D No IZ Yes (If Yes, type of road, check all that apply) 111 private

i1 public

improved

El unimprovedthere an access road

project?Name of roads at closest main intersection Michigan Avenue

and Morgan Lane

Directions from main intersection Head East on Michigan Avenue, just East of Frandor Mall entrance(Morgan Lane), at ex. bunhams,on the North side of Michigan Avenue, heading West after a Michigan left.Style of house or other building on site ■ ranch le 2-story II cape cod 0 bi-level ❑ cottage/cabin El pole barn II none

other (describe) Dept. store

Color

Color of adjacent property house and/or buildings

House number

Street name

Fire lane

Lot number

Address is visible on

■ house

II garage

❑ mailbox '

II sign

El other (describe) storenumberHow can your site be identified if there is no visible address?Provide directions to the project site, with distances from the best and nearest visible landmark and waterbodyDoes the project cross the boundaries of two or more political jurisdictions? (City/Township, Township/Township, County/County, etc.)@ No II Yes

* If Yes, list jurisdictions:tl

List all other federal, interstate, state, or local agency authorizations required for the proposed activity, including all approvals or denials received.Agency

Type approval

Identification number

Date applied

Date approved I denied

If denied, reason for denial

MAR 2 9 2011

ii

COMPLIANCEIf a permit is issued, date activity will commence (MN)

5/1/2011

_WATER RESOURCES DIVISION

Proposed completion date (M/DIY)

11/1/2011Has any construction activity commenced or been completed in a regulated area?.® No II Yes Were the regulated activities conducted under a MDEQ4if Yes, identify the

underway or completed on drawings orportion(s) permit?

■ No 10 Yesattach project specifications and give completion date(s) (M/DN)

/

/ If Yes, list the MDEQ permit numberAre

aware of any unresolved violations of environmental law or litigation involving the property? N No 11 Yes (If Yes, explain)you

ADJACENTiRIPARIAN AND IMPACTED OWNERS (Attach additional sheets if necessary)• Complete information for all adjacent and impacted property owners and the lake association or established lake board, including the contact person's name.• If you own the adjacent lot, provide the requested information for the first adjacent parcel that is not owned by you.

_Property Owner's Name Mailing Address

-.

City State

Zip Code_.City of Lansing

--

124 W. Michigan Ave. 8th floor

LansingMSHDA

PO Box 30044

LansingNational City Bank of MI/Il

K A16 16;. One National City PKWY KalamazooEast Knolls Apartments

2502 Lake Lansing ld, Suite C

Lansing

MI

48933-1206MI

48909MI

49009-8002MI

48912-3620Name of ■ Established Lake Board [] or Lake Associationand the Contact Person's name, phone number, and mailing address

I]

APPLICANT'S CERTIFICATION

READ CAREFULLY BEFORE SIGNINGI am applying for a permit(s) to authorize the activities described herein. I certify that I am familiar with the information contained in thisaccurate; and, to the best of my knowledge, that it is in compliance with the State Coastal Zone Management Program. I understand thatfalse information and that any permit issued pursuant to this application may be revoked if information on this application is untrue. I certifyundertake the activities proposed in this application. By signing this application, I agree to allow representatives of the MDEQ, USACE,enter upon said property in order to inspect the proposed activity site and the completed project. I understand that I must obtain all otherfederal permits and that the granting of other permits by local, county, state, or federal agencies does not release me from the requirementsrequested herein before commencing the activity. I understand that the payment of the application fee doe

of guarantee the issuance

application; that it is true andthere are penalties for submitting

that I have the authority toand/or their agents or contractors to

necessary local, county, state, orof obtaining the permit

of a permit.

_

@ Property Owner Date (NON)II Agent/Contractor Printed Name Signatur111 oration/Public A g enc y - / 3

/

i //Titl^ Van Martin, Partner r

Joint Permit Application

Page 2 of 7

:U 2 5l hfevlse

p.

US Army Corps of Engineers (USAGE)

Michigan Department of Environmental Quality (MDEQ)

Ijli PROJECTS IMPACTING WETLANDS OR FLOODPLAINS OR LOCATED ON AN INLAND LAKE OR STREAM ORA GREAT LAKE•

Check boxes A through M that may be applicable to your project and provide all the requested information.•

If your project may affect wetlands, also complete Section 12. If your project may impact regulated floodplains, also complete Section 13.•

To calculate volume in cubic yards (Cu yd), multiply the average length in feet (ft) times the average width (ft) times the average depth (ft) and divide by 27.•

Some projects on the Great Lakes require an application for conveyance prior to Joint Permit Application completeness.*Provide a cross-section and overall site plan showing existing lakes, streams, wetlands, and other water features; existing structures; and the location of all proposed

structures, land change activities and soil erosion and sedimentation control measures. Review Appendix B and EZ Guides for completing site-specific drawings.*Provide tables for multiple impact areas or multiple activities and provide fill and excavation/dredge calculations.

Water Level ElevationOn

Great Lake

IGLD 85 ❑ surveyed III converted from observed still water elevation.

On inland waters, ■ NGVD 29

■ NAVD 88 ■ othera

useObserved water elevation (ft)

date of observation (M/D/Y)

_ _O A. PROJECTS REQUIRING FILL (See All Sample Drawings)

•

Attach both overall site plan and cross-section views to scale showing maximum and average fill dimensions.or revetment

II bridge or culvertthat floodplain fill ■ wetland fill

II riprap

■ seawall, bulkhead,(Check all

apply)■ boat launch ■ off-shore swim area III beach sanding

■ boatwell

■ crib dock

■ other ___Fill dimensions (ft)length .95 width 80

maximum depth 0.6'Total fill volume (cu yd)85 cyds

Maximum waterdepth in fill area (ft)

Type of clean fill 1I pea stone

III sand

■ gravel ❑ wood chips Will filler fabric be used under proposed fill?I ^^ No ■ Yes (If Yes, type)O other Asphalt

Source of clean fill

■ on-site, *If on-site, show location on site plan. 0 commercial

❑ other, *If other, attach description of location_ ._

_Fill will extend

feet into the water from the shoreline and upland

feet out of the water, Fill volume below OHWM (cu yd)0

•B. PROJECTS REQUIRING DREDGING OR EXCAVATION

Attach both overall site plan and cross-section views(For dredging projects see Sample Drawing 7, for excavation see other applicable Sample Drawings)

to scale showing maximum and average dredge or excavation dimensions and dredge disposal location.•

Refer to www.migbig .eLgov/iointoermit for disposal requirements and authorization.(Check all that apply)

floodplain excavation

II wetland dredge or draining

■ seawall, bulkhead, or revetment❑ navigation ■ boat well

■ boat launch

other Lowe _parking and add 3 catch basins_Total dredge/excavationvolume (Cu yd) 35.7

Dimensionslength vary width vary depth vary

Dredge/excavation volume belowOHWM (Cu yd) 35.7

Method and equipment for dredgingSawcut, pulverize asphalt

Has

dredge material been tested for contaminants?proposed Dredged or excavated spoils will be placed fft on-site ❑ off-site,[: No ❑ Yes *Provide detailed disposal area site plan and location map.*If Yes, provide test results with a map of sampling locations, *Provide letter of authorization from owner, if disposing of spoils off site.

/

/

/Has this same area been previously dredged? 0 No ❑ Yes If Yes, date and permit number:If Yes, are you proposing to enlarge the previously dredged area?

III No ■ Yes

-___ -Is long-term maintenance dredging planned? 0 No ❑ Yes If Yes, when and how much?

C. PROJECTS REQUIRING RIPRAP (See Sample Drawings 2, 3, 8,12,14,._17, 22, and 23, Others may apply)

Riprap waterward of the ■ shoreline OR ❑ ordinary high water mark Dimensions (ft) length

width depth Volume(cu yd)

Riprap landward of the ❑ shoreline OR III ordinary high water mark Dimensions (ft) length

width depth Volume(cu yd)Will filter fabric be used under proposed riprap?

❑ No ❑ YesType of riprap

❑ field stone

■ angular rock

■ other (If Yes, type)0 D. SHORE PROTECTION PROJECTS (See Sample Drawings 2, 3, and 17) Complete Sections 10A, B, and/or C above, as a pplicable.(check all that apply)

Distances of project■ riprap - length (ft)

❑ seawall/bulkhead - length (ft)

II revetment - length (ft)

from both property lines (ft)E.] E. DOCK - PIER- MOORING PILINGS - ROOFS (See Sample Drawing 10)

Permanent Roof? ❑ No ❑ Yes Mounted onDock Type

❑ open pile ❑ filled El cribSeasonal support structure?

■ No

❑ Yes Maximum Dimensions:

length

width .

heightProposed structure dimensions (ft) length

width Dimensions of nearest adjacent structures (ft) length

widthF. BOAT WELL (See EZ Guides) _Type of sidewall stabilization ❑ _._w_od ❑ steel

concrete 0 vinyL❑ riprap ❑ other-0`-^ Boat well dimensions (ft)

Number of boats olength

width

depth _Volume of backfill behind sidewall stabilization (cu yd)

Distances of boat well from adja0. R . 'r

inps(It)11^^G. BOAT LAUNCH (See EZ Guide)

(check all that apply) ■ new❑ existing ❑ public ❑ private ❑ commercial ❑ replacement ^1'MQit_ _Proposed overall boa[ launch dimensions (ft) lengthdepth

width Type of material ❑ concrete ❑ wood El stone ❑ other

Existing overall boat launch dimensions (ft)length

width

depthBoat launchlength

dimensions (ft) below ordinary high water markdepthwidth

Distances of launchfrom both property lines (ft)

_Number of adjacentSkid piers

Skid pierdimensions (ft)

length

widthH. BOAT HOIST See EZ GuideL___.__ _(Check all that apply) /seasonal ❑ permanent [] cradle

J side lifter ❑ other

located on 0, seawall

❑ dock

■ bottomlands _-Joint Permit Application

Page 4 of 7

EQP 2731 Revise


Michigan Department of Environmental Quality (MDEQ) AEA

FLOODPLAIN ACTIVITIES (See Sample Drawing 5. Others may apply.) For more information go to www.michigan.aovldeofloodplainmanagemenj•

Complete Sections 10 A and 10 B and other Sections, as applicable.•

A hydraulic analysis or hydrologic analysis may be required to fully assess floodplain impacts. •> Attach hydraulic calculations.•^ Attach additional sheets or tables with the requested information when multiple floodplain activities are included in this application. _

_

(check all that apply)

fill

l excavation

■ other

Site is

feet above CI ordinary high water mark (OHWM) OR ■ observed water level, Date of observation (M/D/Y)

/

/Fill volume below the 100-yearfloodplain elevation (cu yd) 49.3 cyds (see attached sheets)

Compensating cut volume below the100-year floodplain elevation (cu yd) et/a

21

BRIDGES AND CULVERTS (Including Foot and Cart Bridges) (See Sample Drawings 5, 14A, 14B, 14C, 14D, and EZ Guides)•

Provide detailed site-specific drawings of existing and proposed Plan and Elevation View, (Sample Drawing 14A), Elevation View (Sample Drawing 14B), Stream andFloodplain Cross-Section (Sample Drawing 14C), Stream Profile (Sample Drawing 14D) and Floodplain Fill (Sample Drawing 5) at a scale adequate for detailed review.

•

Provide the requested information that applies to your project. If there is not an existing structure, leave the "Existing" column blank.•

If you choose to have a Licensed Professional Engineer "certify" that your project will not cause a "harmful interference" for a range of flood discharges up to andincluding the 100-year flood discharge, then you must use the "Required Certification Language.° You may request a copy by phone, email, or mail. A hydraulicreport supporting this certification may also be required. Is Certification Language attached? ■ No ■ Yes

*Attach additional sheets and table with the requested information for multiple crossings. Include hydraulic calculations.Existing Proposed Existing Proposed

Culvert type (box, circular, arch) and material Bridge span (length perpendicular to stream)(corrugated metal, timber, concrete, etc.)_ OR culvert ■ width

■ diameter (ft)Bridge type (concrete box beam, timber,concrete I-beam, etc.)

Bridge width (parallel to stream)OR culvert length (ft)

_

_Entrance design(projecting, mitered, wingwalls, etc.)

Bridge rise (from bottom of beam to streambed) ORCulvert rise (fill from top of culvert to streambed) (ft)

Total structure waterway openingabove streambed (sq ft)

_Approach slope fill from existing grade toculvert or bridge

■ elevation of culvert crown Upstream Higher elevation of ■ culvert invert OR Upstream

Downstrea■ bottom of bridge beam (ft) streambed within culvert (ft)Downstream mElevation of road grade at structure (ft) Distance from low point of road

tomid-point of bridge crossing (ft)Elevation of low point in road (ft)

Cross-sectional area of primary channel (sq ft)

^(See Sample Drawing 14C) __

Pverage stream width at OHWM

Upstreamoutside the influence of the structure (ft)

Downstream

Reference datum used (show on plans with description) ❑ NGVD 29 ❑ NAVD 88 ❑ IGLD 85 (Great Lakes coastal areas)

❑ otherHigh water elevation - describe reference point and highest known water level above or below reference point and date of observation.

MAR29201Laa

STREAM, RIVER, OR DRAIN CONSTRUCTION ACTIVITIES (No sample drawing available)•

Complete Section 10A for fill, Section 10B for dredge or excavation, and Sectionl OC for riprap activities.• if side casting or other proposed activities will impact wetlands or floodplains, complete Sections 12 and 13, respectively.

WATER RESOURCES DIVISION*Provide an overall site plan showing existing lakes, streams, wetlands, and other water features; existing structures; and the location of all proposed structures and and

change activities.*Provide cross-section (elevation) drawings necessary to clearly show existing and proposed conditions. Be sure to indicate drawing scales.'For activities on legally established county drains, provide original design and proposed dimensions and elevations.(check all that apply)

❑ maintenance

■ improvement

■ relocation

❑ enclosure

❑ new drain

❑ wetlands

❑ other

Dimensions (ft) of existing stream/drain channel to be worked on,

length

width

depth

AR 2 Lan-Dimensions (ft) of new, relocated, or enclosed stream/drain channel.length

width

depthVolume of dredge/excavation (cu yds) iR

Existing channel average water depth in a normal year (ft) Proposed side slopes (vertical I horizontal)

ulmcEs

vsoNHow will slopes and bottom be stabilized?

Length of channel Volume of flli (Cu yds)Will old/enclosed stream channel be backfilled to top of bank grade? ■ No ❑ Yes to be abandoned (ft)If an enclosed structure is proposed, check type

El concrete

❑ corrugated metal

❑ plastic

■ otherDimensions of the structure:

diameter

length

volume of fillWill spoils be disposed of on site? ❑ No ❑ Yes

4' Show location of spoils on site plan if spoils disposed of on an upland area.)

Water elevation

Reference datum used

❑ NGVD 29 ❑ NAVD 88

❑ IGLD 85 (Great Lakes coastal areas) ❑ other*Show elevation on plans with descri ption,

Joint Permit Application

Page 6of7

EQP 2731 Revised 612008

FILL Ch Lc. u)

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Comcast. Comcast Cable1401 East Miller RoadLansing, MI 48911

April 11, 2011

Mr. Chris Swope, ClerkCity of Lansing9th Floor - City Hall124 W. MichiganLansing , MI 48933

Dear Mr. Swope:

For more than 45 years, Comcast has -been committed to- improving the quality of life in the local co:sifuni t}j3where our customers and employees live and work. Knowing that even a single volunteer can make a mea ural ledifference in the life of an individual or in a community, Comcast recognized the enormous impact that we couldmake by mobilizing thousands of Comcast employees across the country.

On Saturday, April 30, 2011*, more than 60,000 local Comcast employees, their families and our non-profitcommunity partners will kick off our ninth annual Comcast Cares Day - company-wide day of service. To date,Comcast Cares volunteers have contributed more than 1.7 million hours of service at more than 30,000 project sitesin local communities across the country. Last year more than 60,000 volunteers participated nationwide.

This year, more than 2,600 volunteers will work at more than 25 sites around the state of Michigan, making adifference and meeting local needs. Each year as the number of Comcast volunteers has grown, the enthusiasm,camaraderie and dedication to giving back has also increased. A tradition that started in 1997 in Philadelphia hasexpanded over the years into a commitment of giving back company-wide, demonstrating Comcast's commitment toeach and every region it serves.

Please join us at one of our Comcast Cares Day locations as we power dreams in our communities and celebratevolunteerism. The location of the service projects in your area are:

• Greater Lansing Food Bank/Salvation Army Garden Project, 701 W. Jolly Rd, Lansing, MI 48910.Project times will be from 8:00 AM to 12:00 PM. Volunteers will assist with the development of acommunity garden. The Salvation Army Garden Project will be held on Monday, April 25, 2011.

• Greater Lansing Food Bank/Land Bank Garden Project, 5751 Orchard Ct, Lansing, MI 48911. Projecttimes will befrom 8:00 AM to 12:00 PM. Volunteers will -assist with the development -of-a; communitygarden. The Land Bank Garden project will be held on Saturday, April 30, 2011.

Please let me know if you will be able to join us at your earliest convenience at (517) 334-5686 [email protected]. We look forward to working with you to make a difference!

Sincerely,

John P. GardnerSr. Government Affairs ManagerComcast, Michigan Region

*Some projects are held the week of Comcast Cares Day.