SYNOPSIS EAST LANSING CITY COUNCIL July 28, 2009 at the City Council Work Session of July 28, 2009, the East Lansing City Counci

SYNOPSIS EAST LANSING CITY COUNCIL July 28, 2009

At the City Council work session of July 28, 2009, the East Lansing City Council took the following actions:

1. Approved the minutes of the June 23,2009 work session.

2. Approved new taxicab license with one (1) vehicle for Adam Taxi.

3. Approved one (1) additional vehicle to the taxicab license of Green Cab, LLC, for a total of four (4) taxicabs operating in the City.

4. Approved Block Party/Street Closure request for east of918 Harrington Lane to west of 940 Harrington Lane on Sunday, August 2,2009, from 2:30 p.m. to 4:30 p.m. Crossings Home Owners Association neighborhood barbeque.

5. Approved purchase agreement for 660 and 672 Virginia Avenue.

6. Approved resolution to form partnership with the U.S. Census Bureau on promoting the 2010 census.

7. Introduced and referred to the Planning Commission Ordinance No. 1225; an application from the Branoff Investment Group to rezone the rear half of the property located at 124 Burcham Drive from R-2, Medium Density Single-Family Residential, to RM-32, City Center Multiple-Family Residential.

8. Approved resolution to approve the Tri-County Office on Aging Area Plan for fiscal years 2010-2012.

9. Appointed Nella Davis-Ray to the Commission on the Environment to a partial term expiring December 31, 2011.

10. Approved street closure request from 8:00 a.m. August 7,2009, until 10:00 p.m. August 9,2009, for the Great Lakes Folk Festival: • Albert Avenue between Evergreen Avenue and Charles Street • Abbot Road between Grand River Avenue and Elizabeth Street • M.A.C. Avenue between Grand River Avenue and Linden Street • Valley Court between Delta Street and Evergreen Avenue • Evergreen Avenue between Grand River Avenue and Oakhill Avenue • Grove Street at Albert Avenue • Hillsdale Court north of Valley Court • Parking Lot 4 (Albert & Abbot), Parking Lot 8 (behind Peoples Church), and Parking Lot 16 (City Center/CVS)

Council discussed the following:

1. Web site maintenance and development.

2. Prospective ResidentlRelocation packets. 3. 2010 East Lansing Community Guide.

4. Third Addendum to Virginia Avenue Homes Development Agreement.

5. Avondale Square lots sales resolution.

6. Avondale Square rental license moratorium.

7. Establishment of Complete Count Committee (CCC) for 2010 census.

8. Revision of Ordinance No. 1215; an Ordinance to amend Section 8-67 of Article II and Sections 8-381, 8-382, 8-383, 8-384, 8-386, 8-387, 8-388, 8-389, 8-394 of Article VI Taxicabs - of Chapter 8 - Businesses - of the Code of the City of East Lansing.

Nancy O. Wagner Administrative Secretary City Council Work Session Agenda

Tuesday, July 28, 2009 Courtroom #2 7:00PM Time Resource Topic Action Requested 7:00PM Secretary Roll Call

7:02 PM Communication from the audience

7:05 PM Minutes from June 23, 2009 work Approval Requested session

-Attachment A

7: 10 PM Alan McCarrick Web Site Maintenance and Discussion Only Development

7:15 PM Nicole Evans Application for a new taxicab license Approval Requested with one (1) vehicle for Adam Taxi

-Attachment B

7:20 PM Nicole Evans Application for one (1) additional taxicab Approval Requested to the current license for Green Cab, LLC. If approved, this company will have 4 vehicles operating in the city

-Attachment C

7:25 PM Nicole Evans Block Party request for the Crossings Approval Requested Home Owners Association to hold a Neighborhood Barbecue on Sunday, August 2, 2009 from 2:30 p.m. - 4:30 p.m. from east of918 Harrington to the west of 940 Harrington

-Attachment D

7:30 PM Ami Van Antwerp Relocation Packets Discussion Only

-Attachment E

7:40 PM Mikell Frey 2010 East Lansing Community Guide Discussion Only

-Attachment F East Lansing City Council Work Session Agenda July 28,2009

7:50 PM Stephanie Gingerich Virginia Avenue Homes Development Discussion Only Agreement Third Addendum

-Attachment G

8:00 PM Stephanie Gingerich Avondale Square Lot Sales resolution Discussion Only

-Attachment H

8:05 PM Lori Mullins Purchase Agreement for 660 and 672 Approval Requested Virginia Avenue

-Attachment I

8: 10 PM Tim Dempsey Avondale Square rental license Discussion Only moratorium

-Attachment J

8:30 PM Jim van Ravensway, The formation of a Complete Count Discussion & Amy Schlusler & Committee with nominees recommended Approval Requested Jeff Smith and a work plan and approval of the Census 2010 resolution

-Attachment K

8:40 PM Darcy Schmitt Introduce and refer to the Planning Approval Requested Commission Ordinance No. 1225; an an application from the Branoff Investment Group to rezone the rear half of the property located at 124 Burcham Drive from R-2, Medium Density Single Family Residential, to RM-32, City Center Multiple-Family Residential

-Attachment L

8:45 PM Resolution to approve the Tri-County Discussion & Office on Aging Area Plan for Fiscal Approval Requested Years 2010-2012

-Attachment M

8:55 PM Appointment of Nella Ray-Davis to the Approval Requested Commission on the Environment to a partial term expiring on December 31, 2011

-Attachment N

Page 2 of3 East Lansing City Council Work Session Agenda July 28, 2009

9:00PM Revision of Ordinance No. 1224; an Discussion Only . Ordinance to amend Sections 44-31 and 44-33 of Article II - Adoption of . Michigan Vehicle Code and Uniform Traffic Code- of Chapter 44 - Traffic and Vehicles - of the Code of the City of East Lansing

-Attachment 0

9:15 PM Street closure requests from August 7, Approval Requested 2009,8 a.m. until 10 p.m. on August 9, 2009 for the Great Lakes Folk Festival:

o Albert Ave. between Evergreen and Charles Street o Abbot Rd. between Grand River Ave. and Elizabeth Street o M.A.C Ave. between Grand River Ave. and Linden Street o Valley Court between Delta and Evergreen Avenue o Evergreen Ave. between Grand River Ave. and Oakhill Ave. o Grove Street at Albert o Hillsdale Court North of Valley Court o Parking Lots 4 (Albert & Abbot) and Parking Lot 8 (behind People's church) and 16 (City Center/CVS) o Delta Street between Grand River Avenue and Valley Court

-Attachment P

9:20PM Councilmember RepOlis

9:30PM City Manager Report

9:35 PM Adjournment

, I

The City of East Lansing will provide reasonable accommodations, such as interpreters for the hearing impaired and audio tapes of printed materials being considered at this meeting, upon notice to the City of East Lansing prior to the meeting. Individuals with disabilities requiring reasonable accommodations or services should write or call:

City Manager's Office 410 Abbot Road East Lansing, MI 48823

Phone: (517) 319-6920 TDD Number: 1-800-649-3777 Please visit our Web site at: www.cityofeastlansing.com

Page 3 of3 CITY OF EAST LANSING CITY COUNCIL WORK SESSION MINUTES June 23, 2009

Present: Beard, Peters, Triplett, Goddeeris, Loomis Absent: None

The meeting was called to order at 7:00 p.m. by Mayor Loomis. The meeting was held in Courtroom #2 of the 54-B District Court, 101 Linden Street, East Lansing.

Item 1 Communication from Audience

None

Item 2 Approval of the Minutes

It was moved by Beard and seconded by Goddeeris to approve the minutes from the June 9, 2009 work session.

ALL YEAS MOTION CARRIED

Item 3 Amended Consent Judgment

Tim Dempsey, Community and Economic Development Administrator, updated Council on the First Amended Consent Judgment of Hagan Realty, Inc., Matt Hagen, LLC, and Jill A. Hagan Family Trust vs. City ofEast Lansing and City ofEast Lansing Zoning Board of Appeals, Ingham County 30th Circuit Court, File No. 08-1322-AA.

Triplett asked to be recused from discussion and decision on this item in keeping with his disclosure statement of June 3, 2008.

It was moved by Peters and seconded by Goddeeris to grant Triplett's request to be recused from discussion and decision on this item.

ALL YEAS - Beard, Goddeeris, Loomis, Peters MOTION CARRIED

Triplett sat in the audience.

It was moved by Peters and seconded by Goddeeris to approve First Amended Consent Judgment in the matter of Hagan Realty, Inc., Matt Hagan, LLC, and Jill A. Hagan Family Trust vs. City of East Lansing and City of East Lansing Zoning Board of Appeals, Ingham County Circuit Court, File No. 08-1322-AA.

ALL YEAS - Beard, Goddeeris, Loomis, Peters MOTION CARRIED

Triplett returned to the Council table.

1642 Item 4 Hawk Nest Park Update

Tim McCaffrey, Parks, Recreation and Arts Director, updated Council and answered questions on the proposed Hawk Nest Park master plan. McCaffrey said three public community meetings have been held after the City was awarded a Natural Resources Trust Fund grant from the Michigan Department of Natural Resources.

Council discussed management, timing, communication, and education associated with prescribed ecological burns. Council also discussed parking and neighborhood access to the park.

Loomis said the project agreement will come before Council in July or August. itemS White Park Improvements

Tim McCaffrey, Parks, Recreation and Arts Director, updated Council on proposed improvements to White Park.

Council discussed park access, observation deck, and use of available funds.

It was moved by Triplett and seconded by Beard to authorize the City Manager to sign a contract and award a purchase order in the amount of$254,350 to Kincaid Henry Building Group, Inc. of East Lansing for improvements to White Park, as detailed in June 23,2009 Council packet.

ALL YEAS MOTION CARRIED

Item 6 School Facilities Agreement Addendum

It was moved by Goddeeris and seconded by Triplett to approve Second Addendum to Contract for Services and Use of School Facilities Agreement in the amount of$25,000 for the next year.

ALL YEAS MOTION CARRIED

Item 7 Wetland Use Permit

David Smith, Environmental Specialist, updated Council and answered questions on the Wetland Use Permit and Mitigation Plan submitted by GreenStone Farm Credit Services for their proposed development site at 3515 West Road.

It was moved by Goddeeris and seconded by Beard to approve the Wetland Use Permit with the conditions specified by ASTI Environmental in their letter dated June 15,2009.

Triplett said GreenStone deserves credit for going above and beyond mitigation requirements.

ALL YEAS MOTION CARRIED

1643 Item 8 FY08-09 Budget Amendment

It was moved by Beard and seconded by Peters to approve amendment to FY2008-2009 budget for Prime Time Seniors Fund to purchase a room divider for the Senior Center.

ALL YEAS MOTION CARRIED

Item 9 Insurance Renewal

Mary Haskell, Finance Director, briefed Council on insurance bids and the recommendation to remain with Arthur J. Gallagher Risk Management Services.

It was moved by Goddeeris and seconded by Peters to approve renewal of the Property, Automobile, General, Excess Liability and Crime Liability Insurance policies for coverage from July 1,2009 to July 1,2010, including additional amount of$893 as stated, and authorize the City Manager to sign necessary documents by June 30, 2009 to bind coverage.

ALL YEAS MOTION CARRIED

Item 10 Refunding Bond Authorizing Resolution - 1998

It was moved by Goddeeris and seconded by Beard to approve a resolution authorizing issuance and sale of up to $6,000,000 of2009 Unlimited Tax General Obligation Refunding Bonds (1998 Recreation Bonds).

ALL YEAS MOTION CARRIED

City of East Lansing Counties of Ingham and Clinton, State of Michigan RESOLUTION AUTHORIZING ISSUANCE AND SALE OF 2009 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS

A RESOLUTION TO APPROVE: • Bonds to refund the City's 1998 Unlimited Tax General Obligation Bonds to produce net present value savings; • City to continue levy of sufficient taxes to pay bonds • as authorized by the electors on November 3, 1998; • Escrow Fund to provide for payment of bonds being refunded; • Appointment of Robert W. Baird & Co. as Managing Underwriter; • Finance Director to sell Bonds without further Council action; • Rating Application, Official Statement, and Continuing Disclosure; • Other matters necessary to sell and deliver the Bonds.

WHEREAS, the City of East Lansing (the "City") as previously issued its 1998 Unlimited Tax General Obligation Bonds dated as of December 1, 1998 (the "Prior Bonds") as authorized at an election held November 3, 1998 for the purposes of (1) renovating,

1644 improving, and equipping a building for use as the Hannah Community Center, a multi generational community center and center for the arts, and (2) constructing and equipping the Family Aquatic Center, an outdoor family aquatics center; and

WHEREAS, Robert W. Baird & Co., has advised the City that it may be able to accomplish a net savings of debt service costs by current refunding a portion of the City's outstanding Prior Bonds through the issuance of refunding bonds; and

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

WHEREAS, the City Council wishes to authorize the Finance Director to sell and deliver and receive payment for the proposed issue of bonds without the necessity of the City Council taking further action.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Bond Details. If, upon the advice of the Underwriter, refunding all or a portion of the Prior Bonds would accomplish a net savings of debt service costs, then Bonds of the City designated as the 2009 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS (the "Bonds") shall be issued in the aggregate principal amount of not to exceed Six Million ($6,000,000) for the putpose of refunding all or a portion of the Prior Bonds including payment of legal, financial and other expenses incident thereto. If the Bonds are sold or delivered after December 31, 2009 then the Finance Director may change the word "2009" in the designated name of the Bonds to the year in which the Bonds will be sold or delivered.

The principal of the Bonds shall be payable at U.S. Bank National Association, Detroit, Michigan, which is hereby designated as Transfer Agent for the Bonds, or such other bank or trust company to be designated as registrar and transfer agent for the Bonds (the "Transfer Agent") by the Finance Director. The Bonds shall be registered as to principal and interest and shall be in the denomination of $5,000 or integral multiples of $5,000 not exceeding for each maturity the maximum principal amount of such maturity, dated as of the date of delivery thereof or such other date as may be determined at the time of sale of the Bonds, and numbered as determined by the Transfer Agent. The Bonds may be issued in book-entry-only form through The Depository Trust Company in New York, New York ("DTC"), and the Finance Director is authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry-only form and to make such changes in the form of the Bonds within the parameters of this Resolution as may be required to accomplish the foregoing.

1645 shall be payable to the registered owner of record as of the fifteenth day of the month prior to the payment date for each interest payment. The date of determination of the registered owner for purposes of payment of interest as provided in this paragraph may be changed by the City to conform to market practice in the future. The principal of the Bonds shall be payable at the corporate trust office of the Transfer Agent upon presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the Bonds are held in book-entry form by DTC, payment shall be made in the manner prescribed by DTC.

The Finance Director is authorized to execute an agreement with the Transfer Agent on behalf of the City. The City may designate a new Transfer Agent by notice mailed to the registered owner of each of the Bonds at such time outstanding not less than sixty (60) days prior to an interest payment date.

The Finance Director is authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry-only form.

The Bonds shall not be subject to optional redemption prior to maturity. If term bonds are issued, the Bonds shall be subject to mandatory redemption prior to maturity as determined at the time of sale of the Bonds. Unless waived by any registered owner of bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf of the City and shall conform to the requirements set forth in the form of Bond. Such notice shall be dated and shall contain at a minimum the following information: original issue date; maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial redemption) the called amounts of each certificate; the redemption date; the redemption price or premium; the place where bonds called for redemption are to be surrendered for payment; and that interest on bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date.

In addition, further notice shall be given by the Transfer Agent in such manner as may be required or suggested by regulations or market practice at the applicable time, but no defect in such further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed herein.

The Bonds shall be executed in the name of the City with the manual or facsimile signatures of the Mayor and the City Clerk, and the corporate seal of the City shall be manually impressed or a facsimile thereof shall be printed on the Bonds. No Bond authorized under this resolution shall be valid until authenticated by an authorized representative of the Transfer Agent. The Bonds shall be delivered to the Transfer Agent for authentication and be delivered by the Transfer Agent to the purchaser or other person in accordance with instructions from either the Finance Director or the Treasurer of the City upon payment of the purchase price for the Bonds in accordance with the Bond Purchase Agreement for the Bonds. Executed blank bonds for registration and issuance to transferees shall simultaneously, and from time to time thereafter as necessary, be delivered to the Transfer Agent for safekeeping.

2. Bond Form. The Bonds shall be substantially in the following form with such changes as may be necessary to conform the Bonds to the final terms of sale:

1646 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTIES OF INGHAM AND CLINTON

CITY OF EAST LANSING 2009 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BOND

Interest Rate Date of Maturity Date of Original Issue CUSIP

Registered Owner: Principal Amount:

The CITY OF EAST LANSING, Counties of Ingham and Clinton, State of Michigan (the "City"), acknowledges itself to owe and for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, in lawful money of the United States of America, on the Date of Maturity specified above, [unless prepaid prior thereto as hereinafter provided,] with interest thereon (computed on the basis ofa 360-day year consisting of twelve 30-day months) from the Date of Original Issue specified above or such later date to which interest has been paid, until paid, at the Interest Rate per annum specified above, first payable on April 1,2010 and semiannually thereafter. Principal of this bond is payable upon presentation and surrender hereof at the designated corporate trust office of U.S. Bank National Association, Detroit, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner of record not less than sixty (60) days prior to any interest payment date (the "Transfer Agent"). Interest on this bond is payable by check or draft mailed by the Transfer Agent to the person or entity who or which is as of the fifteenth (15th) day of the month prior to each interest payment date, the registered owner of record, at the registered address. For prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City are hereby irrevocably pledged.

This bond is one of a series of bonds of even Date of Original Issue, aggregating the principal sum of $ for the purpose of refunding bonds previously issued by the City. This bond was issued under and in pursuance of the provisions of Act 34, Public Acts of Michigan, 2001, as amended, and a resolution of the City Council adopted on June _, 2009

This bond and the interest hereon are payable out of the City's Debt Retirement Fund for this issue and in order to make such payment, the City is obligated each year to levy sufficient taxes on all taxable property within the boundaries of the City, without limitation as to either rate or amount Bonds of this issue are not subject to optional redemption prior to maturity. [INSERT MANDATORY REDEMPTION PROVISIONS IF TERM BONDS ARE SOLD]

Any bond may be transferred by the person in whose name it is registered, in person or by the Registered Owner's duly authorized attorney or legal representative, upon surrender of the bond to the Transfer Agent for cancellation, together with a duly executed written 1647 instrument of transfer in a form approved by the Transfer Agent. Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and deliver a new bond or bonds, in like aggregate principal amount, interest rate and maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay any tax or other governmental charge required to be paid with respect to the transfer. [The Transfer Agent shall not be required to issue, register the transfer of, or exchange any bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of bonds selected for redemption and ending at the close of business on the day of that mailing.]

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

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

IN WITNESS WHEREOF, the City, by its Council, has caused this bond to be signed in its name with the facsimile signatures of its Mayor and Clerk, and a facsimile of its corporate seal to be printed hereon, all as of the Date of Original Issue.

CITY OF EAST LANSING Counties of Ingham and Clinton, State of Michigan

By ______Mayor

Countersigned:

By ______~~------City Clerk

Date of Authentication: ------,, 2009

CERTIFICATE OF AUTHENTICATION

This bond is one of the bonds described herein.

U.S. BANK NATIONAL ASSOCIATION Detroit, Michigan Transfer Agent

By ______Its: Authorized Signatory

[INSERT STANDARD FORM OF ASSIGNMENT] 1648 3. Escrow Fund. The Finance Director shall designate a bank or trust company to serve as escrow trustee (the "Escrow Agent"). In order to secure payment of the Prior Bonds being refunded, the City will enter into an Escrow Agreement (the "Escrow Agreement") with the Escrow Agent which shall provide for the creation of a fund designated as the CITY OF EAST LANSING - 2009 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS ESCROW FUND (the "Escrow Fund"). The Escrow Agreement shall irrevocably direct the Escrow Agent to hold the Escrow Fund in trust for the payment of the principal of and interest on the Prior Bonds being refunded, and to take all necessary steps to call for redemption of any Prior Bonds specified by the Finance Director upon sale of the Bonds, including publication and mailing of redemption notices, on any date specified by the City on which the Prior Bonds may be called for redemption. The Finance Director is hereby authorized to execute and deliver the Escrow Agreement and to purchase, or cause to be purchased, escrow securities, including, but not limited to, United States Treasury Obligations - State and Local Government Series (SLGS), in an amount sufficient to fund the Escrow Fund. The Finance Director is hereby authorized to execute and deliver the Escrow Agreement.

The Finance Director is hereby authorized to transfer monies from the debt retirement fund for the Prior Bonds to the Escrow Fund created under the Escrow Agreement, to be invested as provided in the Escrow Agreement and to be used to pay principal and interest on the Prior Bonds being refunded. The amount to be transferred under this section shall be an amount which will enable the interest on the Bonds and the Prior Bonds to be, or continue to be, excluded from gross income for federal income tax purposes as determined by bond counsel.

4. Debt Retirement Fund. The City Treasurer is authorized and directed to open a separate depository or trust account with a bank or trust company to be designated as the CITY OF EAST LANSING - 2009 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"). All proceeds from taxes levied for the Debt Retirement Fund shall be deposited into the Debt Retirement Fund as collected. Commencing with the year 2010, there shall be levied upon the tax rolls of the City for the purpose of the Debt Retirement Fund each year, in the manner required by the provisions of Act 34, Public Acts of Michigan, 2001, as amended, an amount sufficient so that the estimated collection therefrom will be sufficient to promptly pay, when due, the principal of and interest on the Bonds becoming due prior to the next annual tax levy; provided, however, that if at the time of making any such annual tax levy there shall be other funds available or surplus moneys on hand in the Debt Retirement Fund for the payment of principal of and interest on the Bonds, then credit therefor may be taken against such annual levy for the Debt Retirement Fund. The moneys to be deposited into the Debt Retirement Fund will be specifically earmarked and used solely for the purpose of paying principal of and interest on the Bonds. Accrued interest and premium received upon delivery of the Bonds shall also be deposited in the Debt Retirement Fund as provided in Section 5 below.

In the event cash, or direct obligations of the United States, or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay at maturity or irrevocable call for earlier redemption, the principal of, premium, if any, and interest on the Bonds, shall be deposited in trust, this resolution shall be defeased and the owners of the Bonds shall have no further rights under this resolution except to receive payment of the principal of, premium, if any, and interest of

1649 the Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein.

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

5. Deposit of Bond Proceeds. Upon receipt of the proceeds of sale of the Bonds, the accrued interest and premium, if any, shall be deposited in the Debt Retirement Fund and used to pay interest on the Bonds on the first interest payment date, provided, however, that at the discretion of the Finance Director, all or a portion of any premium received upon delivery of the Bonds may be deposited in the Escrow Fund.

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

The remaining proceeds of the Bonds shall be used to pay the costs of issuance of the Bonds. At the option of the Finance Director, the costs of the issuance may be paid from a fund established for that purpose in the Escrow Agreement. Any monies remaining after payment of costs of issuance and costs of refunding the Prior Bonds shall be transferred to the Debt Retirement Fund.

6. Tax Covenant. The City shall not invest, reinvest or accumulate any moneys deemed to be proceeds of the Bonds pursuant to the Internal Revenue Code of 1986, as amended in such a manner as to cause the Bonds or the Prior Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code. The City hereby covenants that, to the extent permitted by law, it will take all actions within its control and that it shall not fail to take any action as may be necessary to maintain the exemption of interest on the Bonds and the Prior Bonds from gross income for federal income tax purposes, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds, all as more fully set forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by the City on the date of delivery of the Bonds.

7. Bank Qualification. The City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code.

8. Sale of Bonds to be Negotiated. The City Council hereby determines to sell the Bonds at a negotiated sale instead of a competitive sale for the reason that a negotiated sale will permit the City to enter the market on short notice at a point in time which appears to be most advantageous, and thereby possibly obtain a lower rate of interest on the Bonds and the most favorable price for purchase of securities to be escrowed for payment of the Prior Bonds to be refunded.

1650 9. Appointment of Senior Managing Underwriter. Robert W. Baird & Co. is hereby named as senior managing underwriter for the Bonds. The City reserves the right to name additional co-managers and/or to develop a selling group. By adoption of this resolution the City assumes no obligations or liability to the Underwriter for any loss or damage that may result to the Underwriter from the adoption of this resolution, and all costs and expenses incurred by the Underwriter in preparing for sale of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds are issued, except as may be otherwise provided . in the Bond Purchase Agreement to be signed by the City at the time of sale of the Bonds.

10. Bond Counsel. The City hereby appoints Miller, Canfield, Paddock and Stone, P.L.C. as bond counsel for the Bonds notwithstanding representation by Miller, Canfield, in matters unrelated to the Bonds, of potential underwriters for the Bonds or co managers or selling group members, or financial institutions which might act as Transfer Agent or Escrow Agent for the Bonds. The City Council acknowledges that Miller, Canfield, Paddock and Stone, P.L.C., represents Robert W. Baird & Co. and many other municipal bond underwriters, banks, and financial institutions in connection with matters unrelated to issuance of the Bonds by the City.

11. Verification Agent. The Finance Director is hereby directed to select an independent certified public accountant to serve as verification agent to verify that the securities and cash to be deposited to the Escrow Fund will be sufficient to provide, at the times and in the amounts required, sufficient moneys to pay the principal of and interest on the Prior Bonds being refunded as they become due.

12. Municipal Bond Ratings. The Finance Director is hereby authorized to apply for bond ratings from such municipal bond rating agencies as deemed appropriate, in consultation with the Underwriter.

13. Municipal Bond Insurance. If the Underwriter recommends that the City consider purchase of municipal bond insurance, then the Finance Director is hereby authorized and directed to negotiate with insurers regarding acquisition of municipal bond insurance, and, in consultation with the Underwriter, to select an insurer and determine which Bonds, if any, shall be insured.

14. Preliminary Official Statement. The Finance Director is authorized to approve circulation of a Preliminary Official Statement describing the Bonds and to deem such Preliminary Official Statement "final" for purposes of compliance with Securities and Exchange Commission Rule 15c2-12 ("Rule 15c2-12").

15. Sale of Bonds - Parameters. The Finance Director is hereby authorized, on behalf of the City, subject to the provisions and limitations of this resolution, to negotiate sale of the Bonds to the Underwriter and to accept an offer by the Underwriter to purchase the Bonds without further resolution of this City Council. This authorization includes, but is not limited to, determination of original principal amount of the Bonds; the prices at which the Bonds are sold; the date of the Bonds; the schedule of principal maturities and whether the Bonds shall mature serially or as term bonds; the provisions for early redemption including mandatory redemption of term bonds, if any; and the interest rates and payment dates of the Bonds. The Finance Director is authorized to sign the Bond Purchase Agreement on behalf of the City.

1651 The Bonds shall not be sold unless delivery of the Bonds will occur within 90 days of the date that the Prior Bonds are called for redemption. The Bonds shall not be sold unless the net present value of the principal and interest to be paid on the Bonds, including the cost of issuance, is less than the net present value of the principal and interest to be paid on the Prior Bonds being refunded. The average interest rate of the Bonds shall not exceed 6.00%. The first maturity of principal on the Bonds shall occur no earlier than 2009, and the date of the final maturity shall not be later than 2018. The purchase price for the Bonds, exclusive of any original issue discount or premium, shall not be less than 98.00% of the principal amount of the Bonds, plus accrued interest, if any. In making such determinations the Finance Director is authorized to rely upon data and computer runs provided by the Underwriter.

Approval of the matters delegated to the Finance Director under this resolution may be evidenced by execution of the Bond Purchase Agreement or the Official Statement by the Finance Director.

16. Final Official Statement. After sale of the Bonds, the Finance Director is authorized to prepare, execute and deliver a final Official Statement describing the Bonds.

17. Continuing Disclosure Undertaking. The Finance Director is hereby directed to execute and deliver, prior to delivery of the Bonds, a written continuing disclosure undertaking in order to enable the underwriters of the Bonds to comply with the requirements of Rule 15c2-12.

18. Actions by Officers of the City. The officers, administrators, agents and attorneys of the City are authorized and directed to take all other actions necessary and convenient to facilitate issuance and sale of the Bonds, and to execute and deliver all other agreements, documents and certificates and to take all other actions necessary or convenient in accordance with this resolution, and to pay costs of issuance including but not limited to purchase of bond insurance, transfer agent fees, escrow agent fees, verification agent fees, financial advisor fees, bond counsel fees, rating agency fees, costs of printing the Bonds and the preliminary and final official statements, and any other costs necessary to accomplish sale and delivery of the Bonds. In the event that the Finance Director is not available to undertake responsibilities delegated to her under this resolution, then a person designated by the Finance Director or the City Manager is authorized to take such actions.

19. Conflicting Resolutions. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded.

Itemll Refunding Bond Authorizing Resolution - 1999

It was moved by Goddeeris and seconded by Peters to approve a resolution authorizing the issuance and sale of up to $5,500,000 of2009 General Obligation Limited Tax Refunding Bonds (1999 Building Authority Bond).

ALL YEAS MOTION CARRIED

1652 City of East Lansing Counties of Ingham and Clinton, State of Michigan RESOLUTION AUTHORIZING ISSUANCE AND SALE OF 2009 GENERAL OBLIGATION LIMITED TAX REFUNDING BONDS

A RESOLUTION TO APPROVE: • Bonds to refund the 1999 Building Authority Refunding Bonds to produce net present value savings; • Escrow Fund to provide for payment of bonds being refunded; • City's full faith and credit and limited tax pledge for payment of the Bonds; • Appointment of Robert W. Baird & Co. as Managing Underwriter; • Finance Director to sell Bonds without further Council action; • Rating Application, Official Statement, and Continuing Disclosure; • Other matters necessary to sell and deliver the Bonds.

WHEREAS, the City of East Lansing (the "City") established the City of East Lansing Building Authority (the "Authority") pursuant to the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended; and

WHEREAS, the Authority has previously acquired, constructed, furnished, and equipped various parking facilities which the Authority leases to the City pursuant to the provisions of a Limited Tax Full Faith and Credit General Obligation Contract of Lease between the Authority and the City dated June 12, 1991, as supplemented by a Refunding Contract between the City and the Authority dated June 1, 1999 (the "Contract"); and

WHEREAS, pursuant to the Contract, the Authority has previously issued its Building Authority Refunding Bonds, Series 1999 (General Obligation Limited Tax) dated August 1, 1999 in the original aggregate principal amount of$9,185,000 (the "Prior Bonds"), and the City pays Cash Rentals to the Authority (the "Cash Rentals") under the Contract to provide for payment of the Prior Bonds; and

WHEREAS, Act 34, Public Acts of Michigan, 2001, as amended, authorizes the City to issue bonds to refund an outstanding security such as the Contract if the refunding would result in net present value savings; and

WHEREAS, the City published a Notice of Intent stating that payments under the Contract would be full faith and credit general obligations of the City; and

WHEREAS, Robert W. Baird & Co., has advised the City that it may be able to accomplish a net savings of debt service costs by current refunding a portion of the City's Cash Rentals due under the Contract through the issuance of refunding bonds; and

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Bond Details. If, upon the advice of the Underwriter, refunding all or a portion of the Cash Rentals under the Contract for payment of the Prior Bonds would

1653 accomplish a net savings of debt service costs, then Bonds of the City designated as the 2009 GENERAL OBLIGATION LIMITED TAX REFUNDING BONDS (the "Bonds") shall be issued in the aggregate principal amount of not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) for the purpose of refunding all or a portion of the Prior Bonds including payment of legal, financial and other expenses incident thereto. If the Bonds are sold or delivered after December 31, 2009 then the Finance Director may change the word "2009" in the designated name of the Bonds to the year in which the Bonds will be sold or delivered.

The Bonds shall mature on October 1st as serial bonds or term bonds on the dates and in the amounts as shall be determined at the time of sale of the Bonds. The Bonds shall bear interest at a rate or rates to be determined at the time of sale of the Bonds, but in any event not exceeding the interest rate provided in Section 16 of this resolution, payable on April 1, 2010 or such other initial interest payment date as shall be determined at the time of sale of the Bonds, and semi-annually thereafter on April 1st and October 1st of each year, by check drawn on the Transfer Agent mailed to the registered owner at the registered address, as shown on the registration books of the City maintained by the Transfer Agent. Interest shall be payable to the registered owner of record as of the fifteenth day of the month prior to the payment date for each interest payment. The date of determination of the registered owner for purposes of payment of interest as provided in this paragraph may be changed by the City to conform to market practice in the future. The principal of the Bonds shall be payable at the corporate trust office of the Transfer Agent upon presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the Bonds are held in book-entry form by DTC, payment shall be made in the manner prescribed by DTC.

The Finance Director is authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry-only form.

The Bonds shall not be subject to optional redemption prior to maturity. If term bonds are issued, the Bonds shall be subject to mandatory redemption prior to maturity as determined at the time of sale of the Bonds. Unless waived by any registered owner of bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf 1654 of the City and shall conform to the requirements set forth in the form of Bond. Such notice shall be dated and shall contain at a minimum the following information: original issue date; maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial redemption) the called amounts of each certificate; the redemption date; the redemption price or premium; the place where bonds called for redemption are to be surrendered for payment; and that interest on bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date.

2. Bond Form. The Bonds shall be substantially in the following form with such changes as may be necessary to conform the Bonds to the final terms of sale:

UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTIES OF INGHAM AND CLINTON

CITY OF EAST LANSING 2009 GENERAL OBLIGATION LIMITED TAX REFUNDING BOND

Interest Rate Date of Maturity Date of Original Issue CUSIP

Registered Owner: Principal Amount:

1655 on the basis of a 360-day year consisting of twelve 30-day months) from the Date of Original Issue specified above or such later date to which interest has been paid, until paid, at the Interest Rate per annum specified above, first payable on April 1, 2010 and semiannually thereafter. Principal of this bond is payable upon presentation and surrender hereof at the designated corporate trust office of u.s. Bank National Association, Detroit, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner of record not less than sixty (60) days prior to any interest payment date (the "Transfer Agent"). Interest on this bond is payable by check or draft mailed by the Transfer Agent to the person or entity who or which is as of the fifteenth (15th) day of the month prior to each interest payment date, the registered owner of record, at the registered address.

This bond is one of a series of bonds of even Date of Original Issue, aggregating the principal sum of $ for the purpose of refunding certain outstanding obligations of the City. This bond was issued under and in pursuance of the provisions of Act 34, Public Acts of Michigan, 2001, as amended, and a resolution of the City Council adopted on June _, 2009.

The limited tax full faith, credit and resources of the City are pledged for the payment of the bonds of this issue, and the City has pledged that it shall pay the principal of and interest on the bonds of this issue as they mature as a first budget obligation from its general fund and, after taking into account funds which the City may have legally available for payment of principal of and interest on the bonds of this issue, shall levy annually ad valorem taxes on all taxable property in the City sufficient to pay the principal of and interest on the bonds of this issue subject to applicable constitutional, statutory and charter tax rate limitations. Bonds of this issue are not subject to optional redemption prior to maturity. [INSERT MANDATORY REDEMPTION PROVISIONS IF TERM BONDS ARE SOLD]

Any bond may be transferred by the person in whose name it is registered, in person or by the Registered Owner's duly authorized attorney or legal representative, upon surrender of the bond to the Transfer Agent for cancellation, together with a duly executed written instrument of transfer in a form approved by the Transfer Agent. Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and deliver a new bond or bonds, in like aggregate principal amount, interest rate and maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay any tax or other governmental charge required to be paid with respect to the transfer. [The Transfer Agent shall not be required to issue, register the transfer of, or exchange any bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of bonds selected for redemption and ending at the close of business on the day of that mailing.]

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

1656 IN WITNESS WHEREOF, the City, by its Council, has caused this bond to be signed in its name with the facsimile signatures of its Mayor and Clerk, and a facsimile of its corporate seal to be printed hereon, all as of the Date of Original Issue.

CITY OF EAST LANSING Counties of Ingham and Clinton, State of Michigan

By ______Mayor

Countersigned:

By ______City Clerk

Date of Authentication: ______, 2009

CERTIFICATE OF AUTHENTICATION

This bond is one of the bonds described herein.

U.S. BANK NATIONAL ASSOCIATION Detroit, Michigan Transfer Agent

By ______Its: Authorized Signatory

[INSERT STANDARD FORM OF ASSIGNMENTJ

3. Escrow Fund. The Finance Director shall designate a bank or trust company to serve as escrow trustee (the "Escrow Agent"). In order to secure payment of the Prior Bonds being refunded, the City will enter into an Escrow Agreement (the "Escrow Agreement") with the Escrow Agent which shall provide for the creation of a fund designated as the CITY OF EAST LANSING - 2009 GENERAL OBLIGATION LIMITED TAX REFUNDING BONDS ESCROW FUND (the "Escrow Fund"). The Escrow Agreement shall irrevocably direct the Escrow Agent to hold the Escrow Fund in trust for the payment of the principal of and interest on the Prior Bonds being refunded, and to take all necessary steps to call for redemption of any Prior Bonds specified by the Finance Director upon sale of the Bonds, including publication and mailing of redemption notices, on any date specified by the City on which the Prior Bonds may be called for redemption. The Finance Director is hereby authorized to execute and deliver the Escrow Agreement and to purchase, or cause to be purchased, escrow securities, including, but not limited to, United States Treasury Obligations - State and Local Government Series (SLGS), in an amount sufficient to fund the Escrow Fund. The Finance Director is hereby authorized to execute and deliver the Escrow Agreement.

1657 The Finance Director is hereby authorized to transfer monies from the debt retirement fund for the Prior Bonds to the Escrow Fund created under the Escrow Agreement, to be invested as provided in the Escrow Agreement and to be used to pay principal and interest on the Prior Bonds being refunded. The amount to be transferred under this section shall be an amount which will enable the interest on the Bonds and the Prior Bonds to be, or continue to be, excluded from gross income for federal income tax purposes as determined by bond counsel.

4. Limited Tax Full Faith and Credit Pledge. The City expressly and irrevocably pledges its full faith and credit for the prompt and timely payment of the principal of and interest on the Bonds. The Bonds shall be payable, as a first budget obligation, from the general fund of the City, and the City shall levy annually ad valorem taxes on all the taxable property in the City which, taking into consideration estimated delinquencies in tax collections, shall be fully sufficient to pay the principal and interest on the Bonds provided, however, that if at the time of making any such tax levy there shall be other legally available funds for the payment of principal of and interest on the Bonds, then credit therefor may be taken against the levy for payment of the Bonds. The levy shall be subject to constitutional, statutory and charter tax rate limitations.

5. Debt Retirement Fund. The City Treasurer is authorized and directed to open a separate depository or trust account with a bank or trust company to be designated as the CITY OF EAST LANSING - 2009 GENERAL OBLIGATION LIMITED TAX REFUNDING BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"). The moneys to be deposited into the Debt Retirement Fund will be specifically earmarked and used solely for the purpose of paying principal of and interest on the Bonds. An amount sufficient to assure timely payment of the principal of and interest on the Bonds shall be transferred each year from the general fund of the City or other funds legally available therefor into the Debt Retirement Fund. Accrued interest and premium received upon delivery of the Bonds shall also be deposited in the Debt Retirement Fund as provided in Section 6 below.

6. Deposit of Bond Proceeds. Upon receipt of the proceeds of sale of the Bonds, the accrued interest and premium, if any, shall be deposited in the Debt Retirement Fund and used to pay interest on the Bonds on the first interest payment date, provided, however, that at the discretion of the Finance Director, all or a portion of any premium received upon delivery of the Bonds may be deposited in the Escrow Fund.

1658 There shall be deposited to the Escrow Fund from Bond proceeds monies which shall be invested only as described in the Escrow Agreement and which shall be used by the Escrow Agent solely to pay the principal of and interest on the Prior Bonds being refunded. The amount in the Escrow Fund and the investment proceeds to be received thereon will be sufficient, without reinvestment, to pay the principal of and interest on the Prior Bonds being refunded as they become due pursuant to maturity or the call for redemption.

7. Tax Covenant. The City shall not invest, reinvest or accumulate any moneys deemed to be proceeds of the Bonds pursuant to the Internal Revenue Code of 1986, as amended in such a manner as to cause the Bonds or the Prior Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code. The City hereby covenants that, to the extent permitted by law, it will take all actions within its control and that it shall not fail to take any action as may be necessary to maintain the exemption of interest on the Bonds and the Prior Bonds from gross income for federal income tax purposes, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds, all as more fully set forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by the City on the date of delivery of the Bonds.

8. Bank Qualification. The City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code.

9. Sale of Bonds to be Negotiated. The City Council hereby determines to sell the Bonds at a negotiated sale instead of a competitive sale for the reason that a negotiated sale will permit the City to enter the market on short notice at a point in time which appears to be most advantageous, and thereby possibly obtain a lower rate of interest on the Bonds and the most favorable price for purchase of securities to be escrowed for payment of the Prior Bonds to be refunded.

10. Appointment of Senior Managing Underwriter. Robert W. Baird & Co. is hereby named as senior managing underwriter for the Bonds. The City reserves the right to name additional co-managers and/or to develop a selling group. By adoption of this resolution the City assumes no obligations or liability to the Underwriter for any loss or damage that may result to the Underwriter from the adoption of this resolution, and all costs and expenses incurred by the Underwriter in preparing for sale of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds are issued, except as may be otherwise provided in the Bond Purchase Agreement to be signed by the City at the time of sale of the Bonds.

11. Bond Counsel. The City hereby appoints Miller, Canfield, Paddock and Stone, P.L.C. as bond counsel for the Bonds notwithstanding representation by Miller, Canfield, in matters unrelated to the Bonds, of potential underwriters for the Bonds or co managers or selling group members, or financial institutions which might act as Transfer Agent or Escrow Agent for the Bonds. The City Council acknowledges that Miller, Canfield, Paddock and Stone, P.L.C., represents Robert W. Baird & Co. and many other municipal

1659 bond underwriters, banks, and financial institutions in connection with matters unrelated to issuance of the Bonds by the City.

12. Verification Agent. The Finance Director is hereby directed to select an independent certified public accountant to serve as verification agent to verify that the securities and cash to be deposited to the Escrow Fund will be sufficient to provide, at the times and in the amounts required, sufficient moneys to pay the principal of and interest on the Prior Bonds being refunded as they become due.

l3. Municipal Bond Ratings. The Finance Director is hereby authorized to apply for bond ratings from such municipal bond rating agencies as deemed appropriate, in consultation with the Underwriter.

14. Municipal Bond Insurance. If the Underwriter recommends that the City consider purchase of municipal bond insurance, then the Finance Director is hereby authorized and directed to negotiate with insurers regarding acquisition of municipal bond insurance, and, in consultation with the Underwriter, to select an insurer and determine which Bonds, if any, shall be insured.

15. Preliminary Official Statement. The Finance Director is authorized to approve circulation of a Preliminary Official Statement describing the Bonds and to deem such Preliminary Official Statement "final" for purposes of compliance with Securities and Exchange Commission Rule 15c2-12 ("Rule 15c2-12").

16. Sale of Bonds - Parameters. The Finance Director is hereby authorized, on behalf of the City, subject to the provisions and limitations of this resolution, to negotiate sale of the Bonds to the Underwriter and to accept an offer by the Underwriter to purchase the Bonds without further resolution of this City Council. This authorization includes, but is not limited to, determination of original principal amount of the Bonds; the prices at which the Bonds are sold; the date of the Bonds; the schedule of principal maturities and whether the Bonds shall mature serially or as term bonds; the provisions for early redemption including mandatory redemption of term bonds, if any; and the interest rates and payment dates of the Bonds. The Finance Director is authorized to sign the Bond Purchase Agreement on behalf of the City.

The Bonds shall not be sold unless delivery of the Bonds will occur within 90 days of the date that the Prior Bonds are called for redemption. The Bonds shall not be sold unless the net present value of the principal and interest to be paid on the Bonds, including the cost of issuance, is less than the net present value of the principal and interest to be paid on the Prior Bonds being refunded. The average interest rate of the Bonds shall not exceed 6.00%. The first maturity of principal on the Bonds shall occur no earlier than 2009, and the date of the final maturity shall not be later than 2016. The purchase price for the Bonds, exclusive of any original issue discount or premium, shall not be less than 98.00% of the principal amount of the Bonds, plus accrued interest, if any. In making such determinations the Finance Director is authorized to rely upon data and computer runs provided by the Underwriter.

Approval of the matters delegated to the Finance Director under this resolution may be evidenced by execution of the Bond Purchase Agreement or the Official Statement by the Finance Director.

1660 17. Final Official Statement. After sale of the Bonds, the Finance Director is authorized to prepare, execute and deliver a final Official Statement describing the Bonds.

18. Continuing Disclosure Undertaking. The Finance Director is hereby directed to execute and deliver, prior to delivery of the Bonds, a written continuing disclosure undertaking in order to enable the underwriters of the Bonds to comply with the requirements of Rule 15c2-12.

19. Actions by Officers of the City. The officers, administrators, agents and attorneys of the City are authorized and directed to take all other actions necessary and convenient to facilitate issuance and sale of the Bonds, and to execute and deliver all other agreements, documents and certificates and to take all other actions necessary or convenient in accordance with this resolution, and to pay costs of issuance including but not limited to purchase of bond insurance, transfer agent fees, escrow agent fees, verification agent fees, financial advisor fees, bond counsel fees, rating agency fees, costs of printing the Bonds and the preliminary and final official statements, and any other costs necessary to accomplish sale and delivery of the Bonds. In the event that the Finance Director is not available to undertake responsibilities delegated to her under this resolution, then a person designated by the Finance Director or the City Manager is authorized to take such actions.

20. Conflicting Resolutions. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded.

Item 12 Michigan Transportation Fund Bonds

It was moved by Triplett and seconded by Goddeeris to approve a resolution authorizing the issuance and sale of up to $1,800,000 of2009 Michigan Transportation Fund Bond (General Obligation Limited Tax).

ALL YEAS MOTION CARRIED

City of East Lansing Counties of Ingham and Clinton, State of Michigan RESOLUTION AUTHORIZING ISSUANCE AND SALE OF 2009 MICHIGAN TRANSPORTATION FUND BONDS (GENERAL OBLIGATION LIMITED TAX)

A RESOLUTION TO APPROVE: • Issuance of up to $1,800,000 of Michigan Transportation Fund Bonds to finance street improvements; • Bonds to be paid from revenues received by the City from the Michigan Transportation Fund; • City pledges limited tax full faith, credit and resources for payment of the Bonds if Michigan Transportation Fund revenues are insufficient; • Negotiated Sale of Bonds; • Appointment of Robert W. Baird & Co. as Underwriter; • Bond Ratings; Preliminary and Final Official Statement; Continuing Disclosure;

1661 • Finance Director authorized to sell Bonds without further Council Resolution; • Other matters necessary to sell and deliver the Bonds.

PREAMBLE WHEREAS, the City of East Lansing, Counties of Ingham and Clinton, State of Michigan (the "City") does hereby determine that it is necessary to make street improvements including, but not limited to, replacement of the street surface and related installation of storm sewer and concrete curb as described on Exhibit A attached hereto and made part hereof (the "Improvements"); and

WHEREAS, to finance part of the cost of the Improvements, the City Council determines that it is necessary to borrow money and issue bonds therefor as authorized by the provisions of Act 175, Public Acts of Michigan, 1952, as amended ("Act 175"); and

WHEREAS, the portion of the cost of the Improvements to be paid from bond proceeds is estimated to be $1,800,000; and

WHEREAS, the Improvements are in accordance with the purposes enumerated in Section 13 of Act 51, Public Acts of Michigan, 1951 ("Act 51"); and

WHEREAS, Act 175 requires that when the governing body of any incorporated city shall determine to borrow money under the provisions of Act 175, they shall by resolution approved by a 2/3 majority of the members-elect of said governing body so declare, which resolution shall be published once in a daily or weekly newspaper of general circulation in said city before the same becomes effective, and which resolution shall briefly describe the contemplated project, the estimated cost thereof, and the amount, maximum rate of interest and maturity dates of the bonds to be issued and the form thereof; and

WHEREAS, the City has received a proposal from Robert W. Baird & Co. to act as managing underwriter for the Bonds (the "Underwriter") at a negotiated sale; and

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Michigan Transportation Fund Bonds. The plans and estimates of cost of the Improvements are hereby approved and adopted. The period of usefulness of the Improvements is estimated to be not less than fifteen (15) years. The City Council hereby determines to borrow the sum of not-to-exceed One Million Eight Hundred Thousand Dollars ($1,800,000) and to issue bonds of the City pursuant to the provisions of Act 175, to be designated as the 2009 MICHIGAN TRANSPORTATION FUND BONDS (GENERAL OBLIGATION LIMITED TAX) (the "Bonds"), for the purpose of providing funds to pay part of the cost ofthe Improvements. The final principal amount of the Bonds shall be finally determined by the Finance Director of the City at the time of sale of the Bonds.

The principal amount of Bonds issued is limited so that the annual debt service requirements on all of the City's outstanding Michigan Transportation Fund Bonds shall not be in excess of 50% of the revenues received by the City from the Michigan Transportation

1662 Fund pursuant to Act 51 in the year preceding this contemplated borrowing, in compliance with the requirements specified in Section 4 of Act 175.

2. Bond Details. The principal of the Bonds shall be payable at U.S. Bank: National Association (the "Transfer Agent"). The Bonds shall be registered as to principal and interest and shall be in the denomination of $5,000 or integral multiples of $5,000 not exceeding for each maturity the maximum principal amount of such maturity, dated as of the date of delivery thereof or such other date as may be determined by the Finance Director at the time of sale of the Bonds, and numbered as determined by the Transfer Agent. The Bonds may be issued in book-entry-only form through The Depository Trust Company in New York, New York ("DTC").

The Bonds shall mature as serial bonds or term bonds on the dates and in the amounts as shall be determined by the Finance Director at the time of sale of the Bonds, provided that the date of the first maturity shall not be earlier than 2010 and the date of the final maturity shall not be later than 2024. The Bonds shall bear interest at a rate or rates to be determined by the Finance Director at the time of sale of the Bonds, but in any event not exceeding the interest rate shown in Section 15 below, payable on April 1, 2010 or such other initial interest payment date as shall be determined at the time of sale of the Bonds, and semi-annually thereafter on April 1st and October 1st of each year, by check drawn on the Transfer Agent mailed to the registered owner at the registered address, as shown on the registration books of the City maintained by the Transfer Agent. Interest shall be payable to the registered owner of record as of the fifteenth day of the month prior to the payment date for each interest payment. The date of determination of the registered owner for purposes of payment of interest as provided in this paragraph may be changed by the City to conform to market practice in the future. The principal of the Bonds shall be payable at the corporate trust office of the Transfer Agent upon presentation and surrender of the appropriate bond. Notwithstanding the foregoing, if the Bonds are held in book-entry form by DTC, payment shall be made in the manner prescribed by DTC.

The Finance Director is authorized to execute such custodial or other agreement with DTC as may be necessary to accomplish the issuance of the Bonds in book-entry-only form.

The Bonds shall be subject to mandatory or optional redemption prior to maturity as determined by the Finance Director at the time of sale of the Bonds. Unless waived by any registered owner of bonds to be redeemed, official notice of redemption shall be given by the Transfer Agent on behalf of the City and shall conform to the requirements set forth in the Bond. Such notice shall be dated and shall contain at a minimum the following information: original issue date; maturity dates; interest rates; CUSIP numbers, if any; certificate numbers (and in the case of partial redemption) the called amounts of each certificate; the redemption date; the redemption price or premium; the place where bonds called for redemption are to be surrendered for payment; and that interest on bonds or portions thereof called for redemption shall cease to accrue from and after the redemption date.

In addition, further notice shall be given by the Transfer Agent in such manner as may be required or suggested by regulations or market practice at the applicable time, but no

1663 defect in such further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed herein.

3. Bond Form. The Bonds shall be substantially in the following form with such changes as may be necessary to conform the Bonds to the final terms of sale:

United States of America State of Michigan Counties of Ingham and Clinton CITY OF EAST LANSING 2009 MICHIGAN TRANSPORTATION FUND BOND (GENERAL OBLIGATION LIMITED TAX) Date of Interest Rate Date of Maturity Original Issue CUSIP

Registered Owner: Principal Amount:

The CITY OF EAST LANSING, Counties of Ingham and Clinton, State of Michigan (the "City"), acknowledges itself to owe and for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, the Principal Amount specified above, in lawful money of the United States of America, on the Date of Maturity specified above, unless prepaid prior thereto as hereinafter provided, with interest thereon (computed on the basis of a 360-day year consisting of twelve 30-day months) from the Date of Original Issue specified above or such later date to which interest has been paid, until paid, at the Interest Rate per annum specified above, first payable on April 1, 2010 and semiannually thereafter. Principal of this bond is payable upon presentation and surrender hereof at the designated corporate trust office of U.S. Bank National Association, Detroit, Michigan, or such other transfer agent as the City may hereafter designate by notice mailed to the registered owner of record not less than sixty (60) days prior to any interest payment date (the "Transfer Agent"). Interest on this bond is payable by check or draft mailed by the Transfer Agent to the person or entity who or which is as of the fifteenth (15th) day of the month prior to each interest payment date, the registered owner of record, at the registered address.

This bond is one of a series of bonds of even Date of Original Issue aggregating the principal sum of $[insert principal], issued for the purpose of defraying part of the cost of 1664 street improvements in the City in accordance with a resolution duly and regularly adopted by a 2/3 majority of the members-elect of the City Council of the City on [insert date], and pursuant to the provisions of Act 175, Public Acts of Michigan, 1952, as amended.

This bond and the interest thereon are payable from the proceeds of State-collected taxes returned to the City for road purposes pursuant to law (the "Funds") or in case of insufficiency of the Funds, out of the general funds of the City including collections of ad valorem taxes on taxable property which the City may be authorized to levy, subject to applicable constitutional, statutory, and charter tax rate limitations, and the resolution authorizing the bonds contains an irrevocable appropriation of the amount necessary to pay the principal of and interest on the bonds of this issue from moneys derived from the Funds which have not been theretofore specifically allocated and pledged for the payment of indebtedness. The City has reserved the right to issue additional bonds of equal standing and priority of lien as to the Funds with the bonds of this issue within the limitations prescribed bylaw.

This bond is not a general obligation of the State of Michigan.

Bonds of this issue maturing on or prior to [insert date] are not subject to redemption prior to maturity.

Bonds or portions of bonds in multiples of $5,000 of this issue maturing on or after [insert date] shall be subject to redemption prior to maturity without a premium, at the option of the City, in such order as the City shall determine and within any maturity by lot, on any date on or after [insert date], at par plus accrued interest to the date fixed for redemption.

[INSERT MANDATORY REDEMPTION PROVISIONS IF TERM BONDS ARE ISSUED] In case less than the full amount of an outstanding bond is called for redemption, the Transfer Agent upon presentation of the bond called in part for redemption shall register, authenticate and deliver to the registered owner a new bond of the same maturity and in the principal amount of the portion of the original bond not called for redemption.

Notice of redemption shall be given to each registered owner of bonds or portions thereof to be redeemed by mailing such notice not less than thirty (30) days prior to the date fixed for redemption to the registered owner at the address of the registered owner as shown on the registration books of the City. Bonds shall be called for redemption in multiples of $5,000, and bonds of denominations of more than $5,000 shall be treated as representing the number of bonds obtained by dividing the denomination of the bonds by $5,000, and such bonds may be redeemed in part. The notice of redemption for bonds redeemed in part shall state that, upon surrender of the bond to be redeemed, a new bond or bonds in the same aggregate principal amount equal to the unredeemed portion of the bonds surrendered shall be issued to the registered owner thereof with the same interest rate and maturity. No further interest on bonds or portions of bonds called for redemption shall accrue after the date fixed for redemption, whether the bonds have been presented for redemption or not, provided funds are on hand with the Transfer Agent to redeem the bonds or portion thereof.

Any bond may be transferred by the person in whose name it is registered, in person or by the registered owner's duly authorized attorney or legal representative, upon surrender of the bond to the Transfer Agent for cancellation, together with a duly executed written

1665 instrument of transfer in a fonn approved by the Transfer Agent. Whenever any bond is surrendered for transfer, the Transfer Agent shall authenticate and deliver a new bond or bonds, in like aggregate principal amount, interest rate and maturity. The Transfer Agent shall require the bondholder requesting the transfer to pay any tax or other governmental charge required to be paid with respect to the transfer. The Transfer Agent shall not be required to issue, register the transfer of, or exchange any bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of bonds selected for redemption and ending at the close of business on the day of that mailing.

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

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

IN WITNESS WHEREOF, the City, by its Council, has caused this bond to be signed in the name of the City by [the facsimile signatures of] its Mayor and Clerk, and a facsimile of its corporate seal to be [manually impressed/printed] hereon, all as of the Date of Original Issue. CITY OF EAST LANSING Counties of Ingham and Clinton, State of Michigan

Victor W. Loomis, Jr., Mayor (Seal) Countersigned:

By Nicole Evans, City Clerk

Date of Authentication: [insert date]

CERTIFICATE OF AUTHENTICATION

This bond is one of the bonds described herein.

U.S. BANK NATIONAL ASSOCIATION Transfer Agent

By Its: Authorized Signatory

[INSERT STANDARD FORM OF ASSIGNMENT]

1666 4. Debt Retirement Fund. The Treasurer of the City is directed, each year that any of the principal of and interest on the Bonds remains unpaid, to set aside in a separate depositary account, to be designated 2009 MICHIGAN TRANSPORTATION FUND BONDS DEBT RETIREMENT FUND (the "Debt Retirement Fund"), sufficient moneys from revenues received during such year from the Michigan Transportation Fund pursuant to law to pay the principal of and interest on the Bonds next maturing. The Debt Retirement Fund may be pooled or combined with other debt retirement funds for issues of bonds of like character as provided by the Revised Municipal Finance Act, Act 34, Public Acts of Michigan, 2001, as amended, or other state law. The moneys deposited in the fund shall be used solely for the purpose of paying the principal of and interest on the Bonds and, as may be necessary, to rebate arbitrage earnings, if any, for the Bonds to the United States Department of Treasury as required by the Internal Revenue Code of 1986, as amended (the "Internal Revenue Code").

In the event a deposit of trust is made of cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay at maturity or irrevocable call for earlier optional or mandatory redemption, the principal of, premium, if any, and interest on the Bonds, this Resolution shall be defeased and the owners of the Bonds shall have no further rights under this Resolution except to receive payment of the principal of, premium, if any, and interest of the Bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange Bonds as provided herein.

5. Deposit of Bond Proceeds. The Treasurer is further directed to open a separate account, to be designated 2009 MICHIGAN TRANSPORTATION FUND BONDS CONSTRUCTION FUND (the "the Construction Fund") into which the proceeds of the Bonds, less accrued interest and premium, if any, shall be deposited, which account shall be used to pay costs of constructing the Improvements and of issuing the Bonds, and as may be necessary to rebate arbitrage earnings, if any, to the United States Department of Treasury as required by the Internal Revenue Code. Any funds remaining in the Construction Fund after completion of the Improvements may be used for other street improvements or for any other purpose permitted by law.

Upon receipt of the proceeds of sale of the Bonds, the accrued interest and premium, if any, shall be deposited in the Debt Retirement Fund and used to pay interest on the Bonds on the first interest payment date. The remaining proceeds received upon delivery of the Bonds shall be deposited to the Construction Fund.

6. Pledges for Payment of Bonds. To provide moneys to pay the principal of and interest on the Bonds and in accordance with the provisions of Act 175, there is hereby made an irrevocable appropriation of the amount necessary to pay the principal of and interest on the Bonds from the moneys to be derived from State-collected taxes returned to the City for highway purposes, pursuant to law. Pursuant to Act 175, and as additional security for the prompt payment of the principal of and interest on the Bonds, there is hereby irrevocably pledged the limited tax full faith and credit of the City, and in the event of insufficiency of funds primarily pledged to the payment thereof, the City covenants and agrees to provide for such insufficiency from such resources as are lawfully available to it.

1667 7. Declaration of Intent to Reimburse. The City hereby makes the following declaration of intent for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code:

(a) The City reasonably expects to reimburse itself for the expenditures described in (b) below with proceeds of debt to be incurred by the City.

(b) The expenditures described in this paragraph (b) are to pay certain costs associated with the Improvements which were paid subsequent to sixty (60) days prior to the date hereof or which will be paid prior to the issuance of the bonds from the general funds or capital fund of the City.

(c) As of the date hereof, the maximum principal amount of debt expected to be issued for reimbursement purposes, including reimbursement of debt issuance. costs, is $1,800,000.

(d) A reimbursement allocation of the expenditures described in paragraph (b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Improvements are placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City's use of the proceeds of the debt to be issued for the Improvements to reimburse the City for a capital expenditure made pursuant to this Resolution.

(e) The expenditures for the Improvements are "capital expenditures" as defined in Treas. Reg. § 1.150-1 (b), which are any costs of a type which are properly chargeable to a capital account (or would be so chargeable with a proper election or with the application of the definition of "placed in service" under Treas. Reg. § 1.150-2(c)) under general Federal income tax principles (as determined at the time the expenditure is paid).

(f) No proceeds of the borrowing paid to the City in reimbursement pursuant to this Resolution will be used in a manner described in Treas. Reg. § 1.150-2(h) with respect to abusive uses of such proceeds, including, but not limited to, using funds corresponding to the proceeds of the borrowing in a manner that results in the creation of replacement proceeds (within Treas. Reg. § 1.148-1) within one year of the reimbursement allocation described in (d) above.

8. Tax Covenant. The City shall not invest, reinvest or accumulate any moneys deemed to be proceeds of the Bonds pursuant to the Internal Revenue Code in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of the Internal Revenue Code. The City hereby covenants that, to the extent permitted by law, it will take all actions within its control and that it shall not fail to take any action as may be necessary to maintain the exemption of interest on the Bonds from gross income for federal income tax purposes, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds, all as more fully set forth in the Non-Arbitrage and Tax Compliance Certificate to be delivered by the City on the date of delivery of the Bonds.

9. Bank Qualification. The City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code.

1668 10. Appointment of Managing Underwriter. The City Council hereby detennines to sell the Bonds at a negotiated sale instead of a competitive sale for the reason that a negotiated sale will permit the City to enter the market on short notice at a point in time which appears to be most advantageous, and thereby possibly obtain a lower rate of interest on the Bonds.

Robert W. Baird & Co. is hereby named as managing underwriter for the Bonds. The City reserves the right to name additional co-managers and/or to develop a selling group. By adoption of this resolution the City assumes no obligations or liability to the Underwriter for any loss or damage that may result to the Underwriter from the adoption of this resolution, and all costs and expenses incurred by the Underwriter in preparing for sale of the Bonds shall be paid from the proceeds of the Bonds, if the Bonds are issued, except as may be otherwise provided in the Bond Purchase Agreement to be signed by the City at the time of sale of the Bonds.

11. Bond Counsel. The City hereby appoints Miller, Canfield, Paddock and Stone, P.L.C. as bond counsel with respect to the Bonds notwithstanding representation by Miller, Canfield in matters unrelated to the Bonds, of potential underwriters for the Bonds or selling group members, or fmancial institutions which might act as Transfer Agent the Bonds. The City Council acknowledges that Miller, Canfield, Paddock and Stone, P.L.C., represents Robert W. Baird & Co. and many other municipal bond underwriters, banks, and financial institutions in connection with matters unrelated to issuance of the Bonds by the City.

12. Municipal Bond Ratings. The Finance Director is hereby authorized to apply for bond ratings from such municipal bond rating agencies as deemed appropriate, in consultation with the Underwriter.

15. Sale of Bonds. The Finance Director is hereby authorized, on behalf of the City, subject to the provisions and limitations of this resolution, to negotiate sale of the Bonds to the Underwriter, and to accept an offer by the Underwriter to purchase the Bonds without further resolution of this City Council. This authorization includes, but is not limited to, detennination of original principal amount of the Bonds; the prices at which the Bonds are sold; underwriter's discount for the Bonds, the date of the Bonds; the schedule of principal maturities and whether the Bonds shall mature serially or as tenn bonds; the provisions for early redemption including mandatory redemption oftenn bonds, if any; and the interest rates and payment dates of the Bonds. The net interest cost of the Bonds shall not exceed 7.00%. The underwriter's discount for the Bonds shall not be greater than 2.00% of the principal amount of the Bonds.

1669 In making such detenninations the Finance Director is authorized to rely upon data and computer runs provided by the Underwriter or a pricing consultant which may be retained by the Finance Director. Approval of the matters delegated to the Finance Director under this resolution may be evidenced by execution of the Bond Purchase Agreement or the Official Statement by the Finance Director. The Finance Director is authorized to sign the Bond Purchase Agreement on behalf of the City.

16. Final Official Statement. After sale of the Bonds, the Finance Director is authorized to prepare, execute and deliver a final Official Statement describing the Bonds.

18. Other Actions. In the event that the Finance Director is not available to undertake responsibilities delegated to her under this resolution, then a person designated by the Finance Director or the City Manager is authorized to take such actions. The officers, administrators, agents and attorneys of the City are authorized and directed to take all other actions necessary and convenient to facilitate issuance and sale of the Bonds, and to execute and deliver all other agreements, documents and certificates and to take all other actions necessary or convenient to complete the issuance, sale and delivery of the Bonds in accordance with this resolution, and to pay costs of issuance including but not limited to rating agency fees, costs of printing the preliminary and final official statements, publication of this resolution, transfer agent fees, bond counsel fees, and any other costs necessary to accomplish sale and delivery of the Bonds.

19. Publication. A copy of this resolution shall be published in the City Pulse, a weekly newspaper of general circulation in the City, once before this resolution becomes effective.

20. Conflicting Resolutions. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded.

Item 13 Ordinance No. 1222

It was moved by Beard and seconded by Goddeeris to introduce Ordinance No. 1222 and acknowledge first reading of this Ordinance to amend Chapter 34 - Soil Erosion Control and Chapter 38 - Streets, Sidewalks, and other Public Places - of the Code of the City of East Lansing to establish the rates and fees to be charged for pennits.

ALL YEAS MOTION CARRIED

Item 14 University Place East Plaza

Ron Springer, Community Development Analyst, briefed Council and answered questions regarding reconstruction of the University Place east plaza.

Council discussed accessibility and public art display areas.

1670 It was moved by Peters and seconded by Triplett to approve a contract in the amount of $41,250 with Carl Walker, Inc. for professional consulting services necessary for reconstruction of the University Place east plaza.

ALL YEAS MOTION CARRIED

Item 15 Capital Area Emergency Services Consortium

Ted Staton, City Manager, briefed Council on a Capital Area Emergency Services Consortium (CAESC) Membership Letter of Agreement and said this is an effort on the part of Chief Administrators and Fire Chiefs of greater Lansing municipalities. He said CAESC will work toward collaborative efforts, reduction of costs, and increased efficiency through joint training and equipment bidding processes.

It was moved by Goddeeris and seconded by Triplett to approve the Capital Area Emergency Services Consortium regional agreement.

ALL YEAS MOTION CARRIED

Item 16 National Cancer Survivors Day

It was moved by Goddeeris and seconded by Beard to approve a resolution proclaiming June 28,2009, National Cancer Survivors Day.

ALL YEAS MOTION CARRIED

City of East Lansing, Michigan

Resolution Proclaiming June 28,2009 National Cancer Survivors Day

June 23, 2009

WHEREAS, on National Cancer Survivors Day, the nation honors the 10.1 million Americans who are surviving cancer as well as the medical professionals who help to fight the battle against cancer and the families and friends of cancer survivors who give their love and support every day of the year; and,

WHEREAS, National Cancer Survivors Day is an annual event held nationwide during the month of June; and,

WHEREAS, the Sparrow Regional Cancer Center offers the people of mid Michigan the region's most comprehensive range of inpatient and outpatient diagnostic and treatment services; and,

WHEREAS, the Sparrow Regional Cancer Center Clinical Trials Office provides the latest National Cancer Institute-sponsored clinical trials, making leading edge therapies for prevention and treatment of cancer accessible to the people of mid Michigan; and,

1671 WHEREAS, the Sparrow Regional Cancer Center recognizes that cancer survivors symbolize a unique sense of hope and a special strength of body and spirit; and,

WHEREAS, the Sparrow Regional Cancer Center celebrates its 15th Annual National Cancer Survivors Day event on Sunday, June 28, 2009.

NOW, THEREFORE, BE IT RESOLVED, that the East Lansing City Council recognizes Sunday, June 28,2009, as National Cancer Survivors Day in the City of East Lansing and urges all citizens to join in this joyous celebration oflife.

Item 17 Council Member Reports

Councilmember Triplett: • No Report

Councilmember Peters: • Said he visited the Grove Street Art Gallery on Saturday. He raised questions with Council regarding additional signage to promote location. Triplett said the ad hoc sign committee has been meeting and will hopefully address some of these issues.

Mayor Pro Tern Goddeeris: • No Report

Councilmember Beard: • Reported on the 2035 Transportation Plan from Tri-County Regional Planning Commission. He highlighted City of East Lansing, Michigan State University, and City of Lansing traffic projects on the priority list.

Mayor Loomis: • No Report

Item 18 City Manager's Report

City Manager Ted Staton: • Requested two (2) appointments to downtown condominium boards.

It was moved by Beard and seconded by Peters to appoint Tim Dempsey to the University Place Condominium Board and Lori Mullins to the Albert Place Condominium Board.

ALL YEAS MOTION CARRIED

• Said he spoke this evening at a tribute to Kurt Dewhurst for his 27 year role as Director of Michigan State University Museum. Staton said he expressed the City's appreciation for bringing culture into the community.

1672 • Requested an Executive session to continue discussion of attorney/client privileged communication and to discuss the City Manager's quarterly performance appraisal.

Item 19 Executive Session

It was moved by Peters and seconded by Triplett to adjourn to Executive session to discuss attorney/client privileged communication.

Roll Call: YEAS - Beard, Peters, Triplett, Goddeeris, Loomis NAYS-None MOTION CARRIED

It was moved by Triplett and seconded by Beard to adjourn to Executive session to discuss the quarterly performance appraisal of the City Manager.

Roll Call: YEAS - Beard, Peters, Triplett, Goddeeris, Loomis NAYS-None MOTION CARRIED

Council adjourned to Executive session at 8:34 p.m.

Council returned to the regular work session at 9:25 p.m.

It was moved by Triplett and seconded by Peters to adjourn.

ALL YEAS MOTION CARRIED

There being no further business the meeting was adjourned at 9:26 p.m.

Victor W. Loomis, Jr. Nancy O. Wagner Mayor Administrative Secretary

Kelli D. Villers Deputy City Clerk

1673 CITY CLERK Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

FROM: Nicole Evans, City Clerk ~

DATE: July 16, 2009

SUBJECT: New Taxicab License for Adam Taxi City of East Lansing CITY CLERK 4 I 0 Abbot Road East Lansing. MI 48823 Attached is a copy of the taxicab company license application and certificate of (517) 319-6914 www.cityofeastlansing.com liability for Adam Taxi. All the other required documents are on file in the City Clerk's office.

Because Adam Taxi is a new taxicab company in the City of East Lansing, City Council must review the application before a license can be granted. The company requests approval for one vehicle.

This request is ready for Council's consideration at the July 28,2009 meeting.

EAST LANSlNG CITY CLf.,RK RECEIVED 410 ABBOT ROAD, EAST LANSING, 1\1148823 Phone: (517) 319-6914 Fax: (517) 337-1607 JUL 1 6 2009 TAXICAB COMPANY LICENSE APPLICATION MA Y 1 THROUGH APRIL 30 CITY OF EAST LANSING CITY CL~RK'S OFFICE NEW j/" RENEW AL __~

V Business Address \br11 \ Q. \. r oS£' 9\\1• Business Ph. No.~5 ,--\) "5 i , "5 ~ l q; ~ Emergency Ph. No ...... ::5=.-a-=-;c-'i-->.'8.L..\\~\ ..... ·..... b,!-.·.- ...... ______

Mail ing Address i 0 \ (c.":. C' Zip L .. <2 I (, \. 'I Y, City l- .1 c\ (/! \ {\3 State '('\'""\ \ j 8' (,{-1 -' (If different than above)

Type of Ownership: o Corporate o LLC o Partnership Ii1 Sole Proprietor

Owner's Address I b \-:-\(Y\C'. \ r o~ (> 0.)' City E i _o.-~ ,S \q:j State'\Y\ \ Zip iL\ 5; ~ '1 ~<; (Please include any additional partner(s) or owner(s) on a separate sheet of paper.) . -

Owner's Phone Number: S ,-::\- :5 '- '-:: s, c :63

Contact Person: .s ~ \e,. ~.~\ 1 e'~\

Are you a U.S. citizen? ki..t.)If not, do you have a permit to work in the United States?___ (pro'vide copy to Clerk) ..

REQUIRED TO BE FILED WITH THE CITY CLERK'S OFFICE: rvr Passenger Rate Schedule J' $5,000.00 Surety Bond ~py of Vehicle Registration for each vehicle rgI Copy of front and back of owner's Chauffeur's license o Certificate of Public Liability Insurance listing all vehicles (1 person-$100,OOO/l accident-$300,OOO/ property (must list City of East Lansing as additional insured) damage-50,OOO)

No. of vehicles L X $50 per vehicle = $ 50· 6D Plus $100 Annual Fee TOTAL FEES DUE: $ /.5"0. 0 2) (Make check payable to East Lansing City Clerk)

I hereby agree to comply with all the requirements of the East Lansing City Code, paIticularly Chapter 8.

Owner's Signaturs-& bY! ~ Date:-::j:lf5 Q...ooj If other than owner, Applicant's Name (please print): ______

Applicanl's Signature: _.______~ ______Date: ______

All fees not paid at the time due shall be assessed a late fee which shall be an additional twenty-five percent (25%) of the fee required for the license for the first fifteen (15) days that the license fee remains unpaid and thereafter the license fee shall be that stipulated for such license plus fifty percent (50%) of such fee. ************************************************************************************************************ For Office Use Only

License No.: ______If new application, date approved by City Council: ______

I of 2 Rev. 3/09 TAXICAB COMPANY LICENSE APPLICATION P .lge ?

NUMBER AND DESCRIPTION OF EACH TAXI TO BE LICENSED: SEATING METER? Plate No.lDecal No. & MAKE & MODEL V.I.N. YEAR CAPACITY (YES/NO) Date Issued WI DRIVER For Office Use Only

j~Cjfocd vJ MS+QC-1-Em::z...f15t l.;

, .

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20f2 Rev, 3/09 · _;TUL -16 -2009 16: 46 FROM: FARM BURERU 517-333-2091 TO'51 CERTIFICATE OF INSURANG~~m-1559 .0 FARM BUREAU MUTUAL INSURANCE COMPANY OF M1CHIGAN L8J FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN .;arm BureaU Insurance Lansing, Michigan 48909 2200 Coolidge Rd. ')uite 10 OAMENOEO :ast LansIng, MI 48823 Namod Insured ana Address;

Name and Addre!;s of Cerllflcate Holder:

ERSEL ADAM CATAL SULECATAL City Of east Lansing 1617 MELROSE AVE. City Of Clerk Office EAST L.ANS1NG, MI 48823 410 Abbott Rd. East lansing, Ml 48623 F3X:517-337-1607 Issue Data: 07/16/2009

Th~ " to "rot, Ih,t the pol"'( ,,,) of '"'I''''''' '00' "led be'ow h" (h",e) bO'" or wil' be Is""" by tho ,b"",,","""'"" ,,,,,",,,,,,, """" 0, to II" abov,," ''''''",., Nam.' ,,,,",,,,, ,,,, • (a"') or wII' bo ,,, ""'" lor the mdics'od p,;;', """"(')' How""r. 10" "rti1\,," Is not • g",~nto ••",'he pol;"I("') wm "ma'n " ••"" """ ,\ale' """"l1on d.to. Thl' "nl'oafa " '",uad " • rna'" o( "'o"",'on on" '00 ",nfaro ,0 righ" <>9'" .he Cortffi"" Ho(''', ,~ ~""'rl es This c:ertlflc(lte cloes not amend. extend, or alter the coverage afforded by the policy0 ) of Insurance indicated beloW.

,..to y,bI". Bodilv {nMy Proporly Dam'g,

1-0845R90 ~Qch Pef!lOO $ 100,000.00 ri]Owned (Inc. stetutol)'/IIo.(RuJl c::vgs.) Err. (}7J1612009 Each Occurrenc~ :Ii 1.000,000.00 ~3ch OccUn'tlnco S 300,000.00 RNon-OWnt~d Exp. 0111G/2010 1999 Windstar Vll 2FMZA5142XBA08477 I...... :: .. combIned Sin~/e LimIt

BtlslnoSl\ Al,lto liability Ell. E~eh Accident $ 1:1 Hirod 0 NoO·OwnRd Exp. Covl)rogAA~ Slatutory WoJ1o:~r!l Ol:lt\/lillty Compen~ntlon Covaragli 1:1- Bodily InJl.lry by Accltlent $ EiQch Accfdent (iff. (~mployor's Llab.) Bodily Injury by DIsBsge $ Employee Exp. Bodily Injury by OIsBaBe $ POlicy limit

Compfehcn~rve Geneml L.1~bllity or CommorclDt Packapo OlncIU(1;ng OExcludlng Elf. ~c;h OCCl.lrrcnct) $ Products Aggregals :; Products-Compleled OperRflon(: Exp. Gonersl Aggregsle !Ii pHlred AIJf£>...Q..!t.Qt1-0wnod AulD DExcludlng E:xplOlllon, COllapso. and - Underg'!p~nd Propertx Oamage OW~~..r:B' or Controctof!l' P~lve Err. LI()biliry Exp. EQeh Oo:uftoneo $ Pro~~cro - Comploted OperBtlon~ Elf. - lI::lIlIlIlY , Exo. E:ech Occurrence $ Products Aogre£l.atA S; EB~h • Accldanj" "Omngt) Operntlons' Gam!,!o L1~bllJly and Non·Ownod AUlD" Only $ Autos ~If. Othl)r Ihan "AulD" Only $ Exp. Aggregate "GAml16 Opcrnllon ..."

Umbrella liability Farmowners~~~~~~======~::::======t!E~ff'~=- Liability F.xo. ____ -1~~O~lh=~=\=h~~n='A=u:tO=.~o:n~:====~s======Uml! $ __- Including Products Err. ~~Pu~ ~ Llml't ~ ~ o EXCluded ..

HolClor, but (allure to man ::ueh sMIlIrt') II notlC(! or sudl C<1ncollatlon 10 the the Company. • ~ by regulnr moil to the last known

INGHAM Autho"%od Slgmrt1Jf"'l Counly No. CITY OF EAST LANSING

TAXI COMPANY NO. OF APPROVED NO. OF CURRENT VEHICLES VEHICLES AA Taxi, LLC 2 1

Big Daddy Taxi 0 0

Big Ten Transprotation 11 11 Capital Cab, LLC 2 2 Capitol Transport 24 17 Cosmos Team 5 3 DO's Downtown Taxi 4 4 Green Cab 3 3 JB's Country Club 6 5 L-Town Cab 3 3 M-Cab 4 4 . MSU Transportation 5 3 Need-A-Ride, LLC 2 2

S-Cabs 12 12

Shaggin' Wagon 12 12

Tom's Transportation 2 2

ITOTALS 16 97 84

Rev. 7/201109

O:\CLERK\ALL TOPIC FILES\Licenses\TAXICABS\2009\2009-2010 Number of Companies & Vehicles #2 CITY CLERK Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager !!' \ / FROM: Kelli D. Villers, Deputy City Clerk i-v DATE: July 21, 2009

SUBJECT: Add One Vehicle to Current Taxicab License City of East Lansing CITY CLERK 410 Abbot Road East Lansing, MI 48823 Attached is a copy of an application from Green Cab L.L.C. to add an additional (517) 319-6914 www.cityofeastlansing.com vehicle to their current taxicab license. Also enclosed, is the certificate of liability showing that the additional vehicle is included on their liability insurance policy.

The insurance identification card showing proof of vehicle insurance is on file in the Clerk's office.

With the addition of this vehicle, Green Cab will be licensed to operate four vehicles in the City.

This request is ready for Council's consideration at the July 28,2009 meeting.

Approval is requested.

lEAST lLM'k)'SJING CITY CLERJ{ 410 ABBOT ROAD, lEAST LANSING, MI43823 Phone: (517) 319-6914 Fax: (517) 337-1607

TAXICAB COMPANY APPLICATION For ADDITIONAL VEIDCLES

Business Name IDBA: ..,.55~ ~ f f1( Crtr3 LIt-,e..

Business Address (JJ{a itftniZklZW City bf/)1/QJ;;pJ(r State If+' Zip (/6910 Business Ph No.(5r9 G({~-,9t5!; Emergency Ph. No. gl ~ g~ 7-. -Z )?fCP Owner Name: ~tD Lf1tJ1?BFt-\.- Phone Numbe& Ii) <[15]:-- '2 I '1 9

~~6py of Vehicle Registration for each vehicle lSV' Certificate of Public Liability Insurance listing all vehicles (1 person-$100,000; 1 accident-$300,000; property damage-50,000)

No. of vehicles ~ X $50 per vehicle = $ Ei2 pc TOTAL FEE DUE: $ ~~ (Make check payable to East Lansing City Clerk)

[ hereby agree to comply with ~eqUirem~:~~~~~East Lansing Ci1yCode, particularly Chapter 8.

Date: Jwner:SSi'l,n'fiii~~~(. ' c-~2) ~+ ", lf other than owner, Applicant's Name (please print): ______--=;-=- ______Applicant's Signature: ______Date: ______

************************************************************************************************************

If new application, date approved by City Council: ______

10f2 Rev. 3/26 TAXICAB COMPANY LICENSE APPLICATION FOR ADDITIONAL VEmCLES

NUMBER AND DESCRIPTION OF EACH TAXI TO BE LICENSED: SEATING METER? Plate No./IDec2'.li NQ.}. ;.§,: MAKE & MODEL V.I.N. YEAR CAPACITY (YES/NO) Date Isslllled WI DRIVER For Office Use

--~.~.'f \// .. , V' fl-{LllM !S ~ eric IcYo9·

------

20f2 Rev. 3/26 . I " c ., I---~"-".-~ -~ .. ,~ .. ~--~~-.~----- "~-~-.-~"-~. t F ROD: fCr-~~ i j ieab Fare Brancn • E ht -R. I 1='. " - ,~ I , - - 615 N Capitol Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I jLansing MI 48933 1 Phone: 517-371-2300 Fax:517-342-5016 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Transportation Insurance INSURER B: COLUMBIA CASUALTY I Green Cab INSURERc:tI 806 Hamilton Ave. Lansing MI 48910 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH I POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~~i~ ~~~ TYPE OF INSURANCE POLICY NUMBER PD~~~lti~rcfg~E PgkfEY(~~bRD~N LIMITS -GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ~~Ea~~~ (E:~~~u~~nce) $ I I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ - PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ r-- GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I PRO n POLICY n JECT• nLOC AUTOMOBILE LIABILITY I- COMBINED SINGLE LIMIT $ ANY AUTO 4014504947 12/31/08 12/31/09 (Ea accident) IA I- ALL OWNED AUTOS I- BODILY INJURY (Per person) $ 100,000 ~ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ 300,000 - NON-OWNED AUTOS (Per accident) - B X Comp 1000 4014504950 12/31/08 12/31/09 PROPERTY DAMAGE - $ 100,000 B X Comp 1000 4014504950 12/31/08 12/31/09 (Per accident) GARAGE LIABILITY AUTO ONLY· EA ACCIDENT $ EAACC $ =1 ANY AUTO OTHER THAN AUTO ONLY: AGG $

EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ tJ OCCUR D CLAIMS MADE AGGREGATE $ $ RDEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND -. ITO~/LI~Ii'sl IOJ~' EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L DISEASE· EA EMPLOYEE $ ~~EalitSp~~vI~1~~s below E.L DISEASE· POLICY LIMIT $ OTHER

,SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS lEE ATTACHED VEHICLE SCHEDULE.

cHALL ENDEAVOR TO 30 DAYS NOTICE, EXCEPT FOR NON-PAYMENT OF PREMIUM

~'::RTIFICATE HOLDER CANCELLATION CITY040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAME_~ TO THE- LEF\~T F~ILURE TO DO SO SHALL City of East Lansing IMPOSE NO OBL~~"!ABILlT:?f ~f KIND UPO~;:r,llE INSURER, ITS AGENTS OR 410 Abbott Road REPRESENTATIVES. l .._f .,.-""'>,"""" ,.".. / " .. -; East Lansing MI 48823

:ORD 25 (2001/08) CITY OF EAST LANSING

TAXI COMPANY NO. OF APPROVED NO. OF CURRENT VEHICLES VEHICLES AA Taxi, LLC 2 1

Big Daddy Taxi 0 0

Big Ten Transprotation 11 11

Capital Cab, LLC 2 2

Capitol Transport 24 17 Cosmos Team 5 3 DD's Downtown Taxi 4 4

Green Cab 3 3 JB's Country_ Club 6 5 L-Town Cab 3 3

M-Cab 4 4 MSU Transportation 5 3 Need-A-Ride, LLC 2 2

S-Cabs 12 12

Shaggin' Wagon 12 12

Tom's Transportation 2 2

!TOTALS 16 97 84

Rev. 7/201109

O:\CLERK\ALL TOPIC FILES\Licenses\TAXICABS\2009\2009-2010 Number of Companies & Vehicles #2 CITY CLERK Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

FROM: Kelli D. Villers, Deputy City Clerk

DATE: July 21, 2009

SUBJECT: Block Party/Street Closure City of East Lansing CITY CLERK 410 Abbot Road East Lansing, MI 48823 Attached is a request for a block party and street closure from residents of The Crossings (517) 319-6914 Homeowners Association for their 2009 Neighborhood Barbecue. www.cityofeastlansing.com

They are requesting permission to close the area east of918 Harrington Lane to the west of 940 Harrington Lane, on Sunday, August 2, 2009, from 2:30 p.m. to 4:30 p.m. for a neighborhood barbecue. There is no rain date for this event.

As required by city block party guidelines, the organizer of the party obtained the signatures of the property owners or tenants on the block where the party is being held and the names of five people who will be responsible for the block party's activities.

The required $50.00 application fee for a block party was submitted with the letter of request from the organizers of the picnic.

Please place this request on the July 28,2009 agenda for Council's review. Approval is requested.

REQUEST

A $50.00 deposit is required 0 Cash ~Check (made payable to East lansing City Clerk)

Name of organization making request '?lftt;i:oSS//l/65 I-I{)M£a~Vv'EJZ~' ftSSoLlifl/(J;U

Description of event 17-1-£ CJ..o.s~/N6~ 200tf !J£;bf/J]£JN-j-oC/) !3Ml3£:0f:..

Names and contact information of five people who will be responsible for block party activities and who may be contacted in case of trouble.

1. JOHN UfO Phone 3. Nm?;J OUE" -g'> 7 ([) I ( 3 Narpe (print) 0-1.4 /LA I Phol].a ,....., 4. ;l1A7LfC.V tf.f\( fVl7T!U ~3s 17~-gb 5. ~~i'"l3gQuJ!J J!3{;OSb9 Name ( rint) Phone

Applicant's Name (print) Telephone Number AddresJiL

Approval by City Council is required for street closures.

All required documents must be submitted with a deposit to the City Clerk, 4 i 0 Abbott Rd., Es.st Lansing, Ml 48823. Requests must be received by !3 p.m. Tuesday in order to be placed on the next Citv CQUni;i! agenda. \"OU may also fax your request to the e.Uantion of City Clerk at Approval in writing from the property owners or tenants where the block party is being held in accordance with Policy Resolution 2005-2 Revised Guidelines for Approval of Block Parties.

Rain date (if applicable) ______

NAME OF PROPERTY SIGNATURE ADDRESS OWNER OR TENANT

10/07 COMMUNICATIONS Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

FROM: Mikell Frey, Communications

DATE: July 22, 2009

SUBJECT: 2010 Community Guide City of East Lansing COMMUNICATIONS 410 Abbot Road East Lansing, MI 48823 We have been approached by Harbor House Publishers out of Boyne City, MI, to see if we (517) 319-6927 www.cityQfeasttansing.com have an interest in producing a 2010 Community Guide. Ifwe choose to work with them, Harbor House would sell advertising to local businesses to cover the cost of producing the publication.

The guide will include essential information for living in East Lansing, including an area map, a list of board/commissions/committees, community event information, a city services directory, a community groups listing, employment resources, facilities and programs, park information, school information and more.

Harbor House offers a complete tum-key operation for the guide. In addition to advertising sales, their staff would perform all the research, writing, photography, design and production ofthe piece. They have worked on a similar project with Troy, MI, and have provided an example ofthat piece to us for review. We have conducted reference checks on the company and everyone had extremely positive things to say.

Harbor House has submitted a proposal (enclosed), which includes the advertising rate structure for 3,000 or 5,000 copies of the guide. The proposal also includes the specific responsibilities ofthe City of East Lansing and Harbor House, if we should choose to move forward.

City of East t,ansing 2010 East Lansiltf: Communitv (,'Ilide

Objectives:

• To develop a guide containing essential information it)f living in East Lansing, serving the City's information needs for residents and newcomers.

• Harhor llousc Publishers will sell advertising to cover the costs of producing the publication. providing the City with an eHective community information tool at no cost to the City.

Responsibilities:

• Harbor l:Iousc Publishers will prepare sales materials, sell advertising. coordinate ad production. produce advertisements as necessary, proof advertisers, invoice and collect payment tt)r advertising, offering a compJetc tum-key operation. Income from advertising sales \vill cover the costs of production fOf the publications outlined here. .

• Editorial content it)r the Eas( Lal/sing Communi(v Guide v.ill be compiIed by the Harbor House editorial stalIto ful1i1l the editorial outline. Upon completion of editorial research. writing and editing, the City will be provided with editorial galleys for review. Any cbanges noted will be integrated into the editorial text before moving into design .

• Photography will be shot by the Harbor House staff photographer to illustrate the topics in the editorial outline.

• Harbor H.ouse Publishers will design, produce, print and bind and provide the City with 3,000 or 5.000 copies of the 20]{) East Lansing Community Guide (quantity to be delemlined). Publications will be shipped to City Hall or to another address you designate.

:,: ::!O()9 I !arbor I lOlls': Publi,hers. Inc .. Boyn.: City. tvlichigan, All rights rcs<:f\'ed,

\V..: h,lY<: prepared (his rroposal especially for you, Th~~ propo~al ;Jnd all attachments nhl)' contain c()nfidential and C()p~ rig.ht..:\! inf,xm;Jtion belong.ing to Ilarbor lInus.: I'ublishc:r~ \\ hieh is imended s(>lcl~ for the named rccipknt. If you are not the named rt.·\.'iplent. ~ ou arc hereby notilied that any tlll

• The City will provide Harbor House Publishers \vith a letter of endorsement to be used in support of the sales function .

• The City will have the opportunity to review full page proof's of the publication to check for accuracy before going to press. If convenient. we would welcome you to our Boyne City oflicc to review the page proofs on computer 'with our Art Director.

• Upon publication the City will be provided 'with a CD of the full publication. for inclusion on the City's web site, with all advertisements linking to advertisers' web sites.

Content:

The specific content of the publication will be determined in cooperation \vith the City to meet your goals and objectives. The content will generally consist of:

Boards. Commissions, Committees Churches City Facilities East Lansing Government Community Groups Elected Onicials Media Parks Schools Statistics East Lansing Map Utilities Wasle Collection & Services

Specifications and funding:

• Approximately 40 pages self-cover, 5 1f2" x 8 ~'i n. 80# gloss enamel text. full color throughout. saddle stitched, 3,000 or 5,000 copies.

• The page count of the publication will, of course, be dependent upon advertising sales. A minimum 01'20 pages of advertising will need to be sold to produce the publication outlined here. If 20 pages of advertising arc not sold, the page count may be slightly modified. If more than 20 pages are sold, the page count ofthe publication may incn:ase. An advertising/editorial ratio of 1: 1 will not be exceeded. Page Three r~ast Lansing Community Guide

• Revenue to produce the East Lansing Community Guide will be generated by the sale of advertising to regional businesses. The City reserves the right to refuse any advertising it may deem inappropriate.

• All advertisements run in full-color at no additional cost.

• Harbor House can provide advertising design and production services ror those advertisers who do not retain the services of an advertising agency.

• Cooperative advertising will be developed for specific groups of advertisers. in order to offer an atIordable price point for every budget.

• Sales \vill be performed by a seasoned, professional Harbor House Account Manager. using a combination of techniques, to best suit the needs of the individual prospect. by personal visit telephone, email and mail. The sales information for the publication will be presented in a full-color sales nyer and will also be available online. with the ability to book an advertisement online. along with an FTP to upload ad copy .

• Ilarbor House Publishers will be responsible for invoicing and collecting payment for advertising. Payment is not due until release oethe publication. Terms are net J 0 days. with 1.5 percent finance charge on accounts aged over 30 days. A two percent (2%) discount wiJl be otlered for clients who wish to pay at the time of order. Payment can also be made by Visa, MasterCard or American Express.

• Advertising rates are as follows, It)r two quantities.

Advertising rate structure

3.000 copies 5.000 copies

All advertisements full-color at no additional cost.

Back cover ...... 1,575 1,675

Inside front cover 1,450 1,550

Inside hack cover 1,450 1,550

Page One premier position ...... 1.450 1.550

Page Two premier position ...... 1,450 1,550 Page Four East Lansing Community Guide

Last Page premier position...... 1,450 ...... 1,550

Ccnterspread ...... 2,325 ...... 2.525

Full page...... 1295 ...... 1,395

I;S page ...... 675 725

114 page 350 375

Cooperative advertisement with 10 sponsors per page ...... 125 ...... 135

Timetable:

• Harbor House Publishers will work with the City of East Lansing to deliver the lOIO East Lansing Community Guide by January 15. An estimated timetable follows:

Hstimated Timefable - to he updaled af project starl

Cover letter to Harbor House July 10

Editorial discussion July 15

Editorial galleys to City for review August 31

Feedback on editorial galleys September 25

Sales close November 5

Page proof review November 20

Page proof approval December 4

Delivery January 15

This is an estimated tirneline. Actual datcs may vary bascd upon receipt of materials as outlined above. Ivlanufacturing time cannot he accelerated. Page Five East Lansing Community Guide

Credentials:

• Harbor I-louse Publishers is a magazine, book and newsletter publisher with a specialty in regional publications.

• Established in 1969, Harbor House Publishers is based in Boyne City, Michigan and publishes the quarterly magazine Great Lakes/Se(JI1'(l.V Review, the bi-monthly magazines Sagil1(tw 8usiness Advocate and Northwest Alkhigan Business and a number of custom annual directories and visitors guides. Harbor IIouse has been a Michigan based business tL)r 40 years.

• Harbor House Publishers is the recipient of regional and national av,:ards lor publication excellence, including from the American Chamber of Commerce Executives and the Michigan Chamber of Commerce Executives.

• Harbor House Publishers' specializ.ation in and knowledge of Michigan commerce arc intangibles which come to the City without cost, yet arc reflected in the care and professionalism "\ve put into any publication we produce.

References:

Cindy Ste\varl Lisa Hadden City of Troy Mt. Pleasant Chamber (248) 542-1147 (989) 772-2396 stew1!r.1.£a:cl;ci.lrov.mi.us Lhadden(ii{mt -pleasant.net

Bob Van Dcventer Sid Allen Saginaw County Chamber Midland Area Chamber (989) 752-7161 (989) 839-9901 lx)b((I.:sm!ina\\'chamher.org sallen(ipmacc.org 716/09

PLANNING AND COMMUNITY DEVELOPMENT Quality Services for a Quality Community

MEMORANDUM

TO: Theodore Staton, City Manager

FROM: Stephanie Gingerich, Community Development Analyst ~

DATE: July 22,2008

SUBJECT: Virginia Avenue Homes Development Agreement Third Addenda

City of East Lansing PLANNING AND COMMUNITY DEVELOPMENT 410 Abbot Road Dennis McGinty has prepared the attached Third Addenda to the Virginia Avenue Homes East Lansing. M1 48823 Development to amend or further amend several sections of the original Development (517) 319-6930 Agreement per staff s request. The changes are: www.cityofeastlansing.com 1. The City will be responsible for the public infrastructure improvements including the alleys except for Phase I which will be designed and constructed by the Builder with the cost paid for by the City. Originally, we were going to have the Builder design and construct the entire alley and this is being changed. 2. The deadline for having a new model constructed after the sale of any model is changed to 12 months instead of 6 months. 3. The Builder Agreement to Purchase Lots was deleted. Mayberry purchased four of the five he was originally required to purchase ''up front." 4. A new Section is added to give a termination date for the agreement, which it did not previously contain.

We ask that this item be placed on the July 28 Council Work Session Agenda for discussion.

THIRD ADDENDUM TO DEVELOPMENT AGREEMENT

The Development Agreement made by and between the CITY OF EAST LANSING, and

MAYBERRY HOMES LLC dated July 10, 2007, is hereby further amended by this Third

Addendum to Development Agreement as follows:

1. Section 1 d) - Infrastructure Improvements, page 3 ofthe DeVelopment Agreement

is hereby amended to read as follows:

d) Infrastructure Improvements

The City of East Lansing will utilize Community Development Block Grant

resources for public infrastructure improvements required for the Project. The City

will be responsible for the design and construction of all public infrastructure

improvements with the exception of the alley in Phase I which will be designed and

constructed by the Builder with the cost of alley construction being paid for by the

City.

2. Section 1 i) - Marketing - page 6 of the Agreement is hereby further amended to

read as follows:

1 i) Marketing The Builder agrees that the first unit to be constructed by the Builder

shall be a model home unit which shall be open and staffed by Builder untilsold. A

new model shall be constructed within twelve (12) months of sale of any existing

model and staffed at least 20 hours a week until all the units are 100% pre-sold. The

Builder agrees to make a copy of the Marketing Plan available for the review of the

City which shall include, at a minimum, advertising in the Lansing State Journal

Sunday Homes Section and maintenance of current information on the Mayberry

Homes website. The City will contract with East Lansing Housing & Neighborhood Services, Inc. to pre-screen income-qualified households who are interested in

purchasing a unit in the Project. Upon documentation of the household's income

qualification and pre-qualification for mortgage financing, the Mayberry Homes

marketing team will work with the homebuyer to build one ofthe set-aside units. The

Builder agrees to use the Fair Housing logo in advertisements for the new homes and

to use a variety of media outlets in order to reach markets that may be under

represented in East Lansing. The City will review and sign off on the marketing plan

prepared by Mayberry Homes.

3. Section 4 a) - Builder Agreement to Purchase Lots - is hereby deleted.

4. A new Section 8 d) - Termination is hereby added to the Development Agreement to

read as follows:

8 d) Termination This Agreement shall automatically terminate in its entirety on

January 15, 2010 unless extended by mutual written agreement of the parties hereto. Upon

termination, Builder shall remain obligated to provide such records and reports as necessary for

the City to complete its final auditing and reporting requirements to HUD. The parties'

obligations under section 9 b) General Indemnification of this Agreement shall survive

termination or expiration of this Agreement.

In witness whereof, the parties hereto have executed this Addendum to Development

Agreement on the date first set forth above.

CITY OF EAST LANSING

By______Victor W. Loomis, Jr. Mayor

By______Nicole Evans, City Clerk Mayberry Homes, LLC

By______Bob Schroeder, Authorized Member

Drafted by and approved as to form:

Dennis E. McGinty, City Attorney

PLANNING AND COMMUNITY DEVELOPMENT Quality Services for a Quality Community

MEMORANDUM

TO: Theodore Staton, City Manager

FROM: Stephanie Gingerich, Community Development Analyst

DATE: July 23, 2009

SUBJECT: Avondale Square Lot Sales Resolution City of East Lansing PLANNING AND COMMUNITY DEVELOPMENT 410 Abbot Road The City Attorney is preparing a Resolution which would authorize the City Manager to East Lansing, MI 48823 execute purchase agreements, for the sale of property on Virginia Avenue, consistent with (5 I 7) 319-6930 the pricing and terms that have been agreed upon in the Development Agreement www.cityofeastlansing.com previously approved by Council. The purpose of this resolution is to streamline the lot sale process and increase the speed at which buyers are able to close on new homes in the Avondale Square development.

Staffis requesting that this item be placed on the July 28 Council Work Session Agenda for discussion.

PLANNING AND COlVlMUNITY DEVELOPMENT Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton

FROM: Lori Mullins, Senior Project Manager

DATE: July 23,2009

SUBJECT: Purchase Agreement - 660 and 672 Virginia Avenue City of East Lansing PLANNING AND COMMUNITY DEVELOPMENT 410 Abbot Road Attached to this memo is the signed purchase agreement for 660 and 672 Virginia. The East Lansing. MI 48823 agreement is contingent upon Council approval as well as approval of the Brownfield Plan (517) 319-6930 Amendment #12 for the Louis Street redevelopment project. Assuming approval of the www.cityofeastlansing.com brownfield plan, the combined price of both properties is $352,880, or $29,407 per license. This cost is substantially lower than the $45,300 per license on previous Virginia acquisitions.

If approved, a closing will be scheduled after August 11 th but prior to August 14th. We would then expect demolition to be completed in September.

Staff is recommending approval of this purchase agreement.

GREATER LANSING ASSOCIATION OF REALTORS UNIFORM BUY & SELL CONTRACT· PART 1 Dalc; July 15, 2009 PAGE I u~ 2

SElJ...ING OFFICE ______TELEPHONE ______FAX ____ Broker

Membt:r of Greater Lansing As;o.:iation of REALTORS®) USTINGOFFICE ______TELEPHONE ______FAX ______Broker

(Membt:r of Greater Lansing Association of REALTORS®) BUYER City of East Lansing, a Michigan municipality [Print Buyer's name(s) as should appear on fmal documents] [Print Buyers name(s) as should appear on final documents] called the BUYER, OFFERS TO BUY FROM SELLER the following: 2. PROPERTY siluated in the City!+wp. of East Lansing. County of Ingham. State of Michigan. located at: 660 and 672 Virginia Avenue, East Lansing, Michi!!l!n and legally describt:d as: 660 Virginia: Lot 267 and the South 24 Feet of Lot 266, Plat of Avondale, also the West 'I, of vacated alley adjoining on the East, City of East Lansing, Ingham County, Michigan, according to the recorded plat thereof as recorded in Liber 4 of Plats, Page 46, Ingham County Records

672 Virginia: Lot 265 and the North 12 feet of Lot 266, Plat of Avondale, also the West '/,.of vacated alley adjoining on the east and south 'h of vacated alley adjoining on !be north, City of East Lansing, Ingham County, Michigan, according to the recorded plat thereof as recorded in Liber 4 of Plats, Page 46, Ingham County Records. MLS #(5) Permanent Parcelll(s): 660 Virginia ParcellD# J3..Z6-0Z-18-Z07-002and 672 Virginia Pareellm 33-2U-U2-IH-2U7-001 Subject to any existing building and use restrictions, zoning ordinances, and easements, if any. The Propeny includes all buildings; GAS, OIL, AND MINERAL RIGHTS OWNED BY SELLER; all attached fixtures such as carpeting and linoleum; mirrors; complete lighting and fan fixtures, window treatment hardware/rods; window shades and blinds; screens, storm windows and doors; stationary laundry tubs; heating and air conditioning equipment water heatt.!f, waler softener (unless rented), water pump and pressure tank; sump pump; TV antenna, complete rotor equipment, satellite dish and controls; garage door opener and controls; attached wOlk benches; all attached shelving; stationary outdoor grills; all suppon equipment for In-ground pools; detached storage buildings; fireplace doors and screens; built-in appliances; mail box; all plantings; underground sprinkling system. water pumps and timers; fences; fuel storage tanks (unless rented) and fuel in tanks; awnings; basketball hooplbackboard; outdoor play equipment: EXCEPTIONS OR ADDITIONS: ~ 3. AGENCY DILSCLOSURE: THE UNDERSIGNED BUYER AND SEllER EACH ACKNOWLEDGE THAT THEY HAVE READ AND SIGNED THE DISCLOSURE REGARDING REAL ESTATE AGENCY REUTIONSHIPS. THE SElJ...ING BROKER/SALESPERSON IS ACTING AS (check one): o "C.~14i4GUH A(;Ii.ITQ~TIUiSE' J 59 0 i"¥1iRi 'ei:)l+ 0 G"Jo.L, AQIiJ"IT( iih 'IIi._, iafefIRIlil ilB8IJIIBlBf8BYt Q1:J¥~ aRK il!bbeR) [gI OTHER: NO AGENCY RELATIONSHIP 4. PRICE: THE SALE PRICE Will. BE Five Hundred Fifty-Seven TbOl!S!\nd, Four Hundred NIne and 801100 DOlJ...ARS ($557,409,80), subject to the tellw, of the add<'tldum 5. METHOD OF PAYMENT: Au... MONIES MUST BE PAID IN U.S. FUNDS IN THE FORM OF CERTIFIED CHECK, CASHIER'S CHECK, OR BANK MONEY ORDER. The sale will be completed by the following method: [gICASH. The full price upoo delivery of a warranty deed (in the form of CERTIFIED CHECK, CASHIERS CHECK, OR BANK MONEYORDER). o .I[ll" t IQR'lfC *£" 'Alia QBB\IIa" i8 ilBRItA!'''' 8. RlJ .... IiR·g Milia) '9 B.... 110 .eRg_ge .. &hil iIAISWR' sf ".. ~ af .hl BaI, p .... 0 IiIVVIiR ill .ppl) ie. hiatt ilhie 8 ...... U88 fIe)S aft.. Sil ) .A.S lail.,I,uUhh 8f D~ il8Rlli'i8RaU) p... ppre .11 If 9U¥1ii.R fails II .... Ii .. WI i.1 I .9 ....' ... hl •• ili ••11 8f htllNllIBu\ _1','8 III fBI 18 ...hB • Maign.ulil Jlf8J1i1M) 8A it. lU'li::lfd iii I FA. IRA) • .,.•• 1 .... Qs,,,.. ," "aI. i" h. 18.,1.'111(1 "pBR aeli .. ., sf 110 ....,It) " ••11 o bh"'lG' Cg.l~ 0 cr 5 88 '" Pas "'MR' .. pSft 9' !YIiR lUta ii' I ER lii8RiRg it Q,.. ",18f bfdlliift§ r\a&fsa~iit!tlt~ af ~~R"1'1'

PRORATED ITEMS: Rents, association dues/fees, if any: service and usage fees; insurance if assigned; and interest on any existing land contract. mortgage. or lien assumed by BUYER, will be current and prorated to the date of Closing. EXCEPTIONS: ~ A. SPECIAL ASSESSMENTS whicb are or become a lien on the property on or before the date of Clo,ing will be paid by SELLER. EXCEPTIONS: NONE B. TAXES will bt: treated as if they cover the CALENDAR YEAR in which they are first billed. TAXES first billed in years prior to year of Closing will be paid by SEUER without proration. TO Ydiil hi,h are ..... hi"." in ... yew HfChi'.! "iJ:.l h. p.8.lll .. " liB tAli. ii.bUilt iii , .. ~ lan.s .f8M w, fits' Qf~ .. )"if \8 blB8HtS Mta..... 911¥1ID ill ,Ita) ..... fe.lh. II ...". ef &hI)", mely.mg 1M II.,. 8fQIBSiaS 1fM) hi" fef ..... 18 ;.& BSt ieo ... .,. I:ti 8i.nil Seti ef blelliRg; lh .. lhM .MflllftllAl •• hlJ .h•• M.lIllI ....t. Mi. lIB) .filRi&io ....i • feu ill h' a.. h8M' .... ~ &ft" pre ...... A. BUYER Will. PAY FOR transfer fees on mortgage assumptions; recording of deed and/or security instruments; attorney's opinion and/or services for BUYER; mongage closing costs required by lender including mortgage title insurance, appraisal. closing fees, all inspections; rezoning; soil borings; franchise agreements; use permits; drain and/or other easements; rights-of-way: and D stike or 181 mortgage repon survey. EXCEPTIONS: NONE. EXCEPT SELLER AGREES TO PROVIDE A COpy OF ANY MORTGAGE REPORTS IN SELLER'S POSSESSION B. SELLER Will. PAY FOR an owner's policy of title insurance with standard exceptions in the amount of the sale price; all costs required to convey clear title; closing fee if closing a cash, land contract, VA., or purchase money mortgage transaction; all transfer taxes on deed; preparation of deed, land contract, anJ security instruments; and other documents necessary to convey clear title. EXCEPTIONS: ~ PROFESSIONAL ADVICE: Broker advises BUYER to seek legal, tax, environmental, and other appropriate professional advice relating to this transaction, Broker does not make any representations or warranties with respect to the advisability of. or the legal effect of this transaction. D BUYER acknowledges that it has been recommended that an attorney be retained to review the marketability of title and all closing documents including The Greeter Lansing Association of REALTORS® Closing Agreements form in order to determine that the tams of this Contract have been met. Documents of transaction to bt: reviewed by: Attorney Name: TO BE NAMED Telephone #-_____ Address: _ Fax # ______Q&.O YIJYlOR •• 1... 10IiS.ollt •• , '.R...., '" .... HaIII.ali.li ••, IlIJYIia lilQiii ~IQT "!iSIR. W 1WOT'oII'1 "I"'HQ~~IIiY CLOSING: Sale will be closed On/by August 14,2009 unless amended by written addendum to this Contract. If title defects exist, SELLER will have 30 do}; alier receiving written notice to remedy the defects. After the 30 days, SElJ...ER will refund the deposit in full termination of this Contract if unable to remedy title defects. OCCUPANCY: SEllER will deliver; and BUYER will accept possession of the property al Closing. 6""';"&1'8 "'II rlg.ltMi Bf, ...SIiIRl '.flunfi; it- ,,",). If SELLER occupies the propeny, it will be vacated not later than AI .,...... closing. " ,"1 •• iA8' ~IiI.lIiR ill P"l jj\,lVIiR lit. ' ...18 .... of S elli •• "pea' , .. , iii), 116 8"IiY~l:ttld) ilhwa. Ie. t:It,p.R88 iN. WI. G'sain! .Il... a .. p .... 1(tI11" 8...... 8 ... illal' "hilS'. &8' ...... uil iIa)S ill ....ilRBWflia 18 ilil IliA: ",88 iili.i:og blibbiilJ

ia Ne:p8Mi.11 '11 .. tiHli. Ill. _) NpMti sf ...... 111II1II •• '81ft, 'Nil .... ) 8) SIB J 5iR lit.. Ql811ieg Mil 81_ "'.liA! Mil II ill RASNI. lhl fife,.,,) RlBsi6R IN, Ii tlRMIS 988110,) lin, III") i t8:I i\JViiR ill ... 8.... IrAI 'IO,JlIBlihilil) fer t .... I11118 ...... i ....') "'t'e8i~ il8"'l) ~"p88i ... tiM .. S. and 1Il8 .. i:o iRiSh ,h.... , if ..." ill h. w_fo.... ~ '0 IlIolYIiR &I ,"1 ••iA!!\ Qil D Propenywill be vacant at Closing. SELLER'S DISCLOSURE: BUYER acknowledges that a SEllERS DISCLOSURE STATEMENT D Mo air ••oIl •••a ~,o iol •• QR [gI Is to bt: provided with SELLER'S response to this offer unless exempt by current statute. BUYER will bave FIVE business days after SELLER'S acceptance to cancel this contract if conditions unacceptable to BUYER are disclosed. SEllER will inform BUYER in writing of any changes in the content of any disclosure statement prior to Closing and will be respoosible for maintaining the condition of the property as disclosed. LEAD PAINT NOTICE APPUCABLE TO RESIDENTIAL HOUSING BUll..T PRIOR TO 1978. A. BUYER acknowledges that prior to signing this Sales Contract, BUYER has received the HUD/EPA pampblet PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME. and has received and reviewed a copy of the DISCLOSURE FORM completed by the SElJ...ER on , the terms of which are incorporated herein by reference. B. BUYER lniti.1 8.11 IitJ'i~ shMI hi II. M) 81',8"_&) M. lft,I.I " .. 161 ef W8 ill. (9S"""il\S 9@S" .. ti' ill iR&'tiil\'8~ sf y., tlJUBthllt) fa .. Wi" p~.I8".11 iIf '.'." .. ~I. Pltal "'/8.1~" ....Ill , .., ~II'" (...... 111 R.~ .. "'i.~ .1""... 1 • l~ ie) ,.riB., ...... 1 H' 'ViR -:iI ~i~:R ~., 1!~tI. tlp8" "

'88 ....' 8'" '-wR ...... 1i 1ft) Ib,88ill ahaltl8' NPlrR." II IiUVliRr QR BUYER r:J[waives hislher opportunity to conduct a risk assesSffit!_ nt or inspection for the ~e of Iead.::.~ r!':! and/or lead-based paint hazards. ~ 1.,.~ _. BUYER'S inilialsL.l..., Date: ~ Time: _a.m.lp.m. SEllER'S initi. Dat~: a."Q GREATER LANSING ASSOCIATION OF REALTORS® UNIFORM BUY & SELL CONTRACT - PART 1 Pagd of2

660 and 672 Virginia Aveoue. East Lansing. Micbigan Property Address/Description 14. PROPERTY CONDITION: BUYER has personally inspected the property and has reviewed the infonnation contained in any written disclosure "alCllleill provided by SElJ..ER and BUYER agrees to accept the property "AS IS" in its present condition. BUYER is not relying on any represenlation or stalement made by SElJ..ER or any real estale Salesperson/Broker regarding any aspect of the property other than express representations in this Contract. any Addendum(s) or statements contained in any written disclosure statement. BUYER ACKNOWLEDGES THAT ALL INRlRMATION PROVIDED BY THE GREATER LANSING ASSOCIATION OF REALTORS® ATACHED UNESIDE IS DEEMED CORRECT BUT IS NOT GUARANTEED OR WARANTED. 15. A, IIoISPliCI'lQ~ISI t:8l +hi••• f.!. i •••8IiRg.8' .,OR ,0,io"'8''') 1"., .. 'i.8(,j .r,M. ".PORI' .... Iwd ... !! D~~D~D ~ 8\&11''' VBIURB'" I' H' l¥MR'i IJKl'te8iil; 8) lisiAils 1i188IMilhtr(s) aniWB' itlilfJ8St9~9) Hf QI f¥~'~ Oftaiii If &ft. pre,,,,,) is "... glrl: Ai I , ....It afiA. iaiPIiI.MBR 8. tl.lta8' HI 'ViR 1188WJRi8 rofj"8f1Dihili~ '8 ,dlil8,11 fAil 1"8" .. .., 1& iii reFIll.,' 98ltsiliBft 8( e81M~ctfi6.ht ii.' I litR .118'''''81, 8bJVIirP AM ak. flighl til 'aft Bau'I!lH. C8I!"aat if IilYYiP i • .,B\ 8M:l6KIB i\l\l:ta flludWi sflilll WlPilitiBM 8) !oi itt! ii.bbeQ: "'hili RHlin labiA ~ In68in ..a ~ a aft. lit ... {'elt .... el is 'tAlI, l"IS"IS& Q ~QI+IQ~I \h ~1'PiCRQ~I&I1W eifel' is S9RtYtgMlt .. ,8ft 8.'i8fefl'8~ YttPl8ti8R 8f lB. pMlPiJR) ts81wiiiftl! O~O .~'iii h~ iilonft O~ o elA'" at HUY8P" IPliluMII; h) a H81i1868& aeR ..."tH~8) _"Sf iAe,lIJlef(e) 8f BUy.a', aReiiht If WJQ 1"8P.") is ".gl& Ii) a '18,,11 8f IA. _, .. liell 8' "'alittg; InJYep 888 ...88 .n,sMihilit) 'e ,Q818'1 .alii prup.,,) 18 ili feRR.' 88R"ilieR Sf Le il8~fhUlbtth' "16u.ep .Bile.""'!') IiIY\,8i: Me \AI right \e tilllftiftill thia "ell:"'(I' if BUYiR ia JtelaAliBHIS: ilk WI. '18,,1&8 8f Wli iti,ililisR(i} 8:) gi 'iflg all:b..beR "uall RBt.Od ilrhiB hll6laoaa Qa)8 attar .ia beR ....' is hill) Q"'fllIItfl", QIl.(] H' 'ViR 1"llflB l.&g •• that it Me h.... fliliJ'MIBlftiill)il \R1I:11 nll81\8118 i8t\\I'litiU(6) ift"er lRSpIIJlel(t) I!l" II1d¥M~'~ 111881BI&I elil fdtttittlillA.8 illbf3l11dl lfi. ,.ap ...) Ca • .., I. a •• I••• •• "' •• _.lidali ••, a' '¥(iR ggliS ~1Q:f j;j(iSIIUi +Q QaT Conlract or may demand a refund of the deposit and pursue his/her legal and/or equitable remedies. If there is a default by either pany and the deposit is forleited. the deposit will be transferred to Usting Broker's trust account for distribution as agreed by all panies in writing. If no mutual agreement can be negotiated. the pany holding the deposit may upon 30 days written notice to all panies. transfer the deposit by interpleader lo a coun of proper jurisdiction after deducting out·of-pocket costs and legal fees. Delivery to conn will release the Broker from fUMer liability concerning the deposit. 17. J t"Qb4TIQ~11 g' ''fIlR lUui SIii:bI.IiP 18'1' ".1 IA) .... 'wt. fill.tod &8 iAit _8ft"'8' shall h. 8y:hlftiUlid '8 .1.dillieR +RiB ttBsillli8ft sRall 8-. IU;iIIBrdiftg UJ Lt. ~l 0 TlQtl \Is \sig(&I..A+IQ.J QP A:&\Is+QRS@NIi6 188"91111" ....8 8f ..... IleIll1l6atUsAilI181RIlh")lIftl QiliJlwti Afil881lttliSM "~Slinl1 If HId plHtiOe illHd\~l .Nih • hiftilillS .gNaRl'_' iB ,.,,"i.lis .. "'1) ...... "sAl Ie we" B.a.", '... 1 rIIlRlJilio. HYY~ ...... 1:1 lililgIJ8 Nillip' ef ""I) hfl8&hWi B"IIA) 8868FihiR~ 18 JCadilliBft S)s' •• 18. ASSIGNMENT: BUYER will not assign this Conlract without the consenl of SElJ..ER. 19. OTHER PROVISIONS: SEE ATIACHED ADDENDUM I

20. ENTIRE AGREEMENT: This Contract supersedes any and all understandings. negotiations. or offers. No oral representalious or statements will be bmding. and no modifications of this Conlract will be binding unless in writing and signed by BUYER and SELLER. 21. A. BUYER'S ACKNOWLEDGEMENT; BUYER acknowledges receipt ofa copy of Pan I. Pages I and 2 of this Contact. DATE: ______. ______am/pm.

WitnesS/Agenl~ (!-h.J-mLll) X ~ Q~ BUYER ~ Theodore J. Staton. City Mit.ger Witness/Agent: ______X ______BUYER

Received from above named BUYER deposit monies in the form of ______#____ _ of______(Salesperson/REALTOR Broker) B. SElJ..ER·S ACKNOWLEDGEMENT: SElJ..ER· REACKNOWLEDGES RECEIPT OF A COPY OF PART I PAGES I AND2.AND ATI C IF DATE: __~~~~~~~ ______~ ___~_~~ -+.-__~_4+_------anVpm.

___+- ______~SELLER

DISCLAIMER: This form is provided by the Greater Lansing Association RCALTORS® solely for the use of its Members. Those who use lhis form a.re expected to review both the form and the details of the panicular transaction to ure that each section of the fonn is appropriate for the transaction. The Greater Lansing Association of REALTORS® is not responsible for use or misuse of the , for misrepresentation, or warranties made in connection with the fonn.

OCopyrighl Greater Lansing Association of REALTORS® # 115 (Rev. 3/89, 1190. 11/90. 1193. 2194. 2195. 2196. 7/97. 10/97. 2/99. 5/(0) GREATER LANSING ASSOCIATION OF REALTORS® UNIFORM Buy & SELL CONTRACT PART 2

660 and 672 Virginia AveDue, East Lansing, Michigan PROPERTY ADDRESSIDESCRlPTION

The following i, [0 be part of and incorporated into the Sales Contract between City of East Lansing as BUYERS and GTW Investment Properties, L.L.C. as SELLER dated July 15, 201lS for the above-named property. 22. SELLER'S RECElPTIRESPONSE: The above offer is o ACCEPTED AS WRITTEN o REJECTED o AMENDED AS FOLLOWS:

23. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.

24. MULTIPLE OFFERS: BUYERS ACCEPTANCE OF ANY COUNTER OFFER MADE BY SELLER WILL BE BINDING ON THE SELLER ONLY WHEN AND IF THE SELLER SIGNS BELOW ACCEPTING AND ACKNOWLEDGING RECEIPT BY SELLER OFTHE BUYERS ACCEPTANCE 01' SELLER'S COUNTER OFFER. IF SELLER RECEIVES MULTIPLE OFFERS OR MULTIPLEACCEPTANCES OF COUNTER OFFERS PRIOR TO THE WRITTEN ACCEPTANCES AND ACKNOWLEDGEMENT BY SELLER OF AN ACCEPTED COUNTER OFFER SELLER WILL BE ENTITLED TO CHOOSE CONCLUSIVELY THE TRANSACTIONS BY WHICH SELLER WILL BE BOUND.

25. SELLER LIABILITY: SELLER UNDERSTANDS THAT CONSUMMATION OF THE SALE OR TRANSFER OF THE PROPERTY DESCRIBED IN THIS CONTRACT Will NOT RELIEVE SELLER OF ANY LIABILITY THAT SELLER MAY HAVE UNDER THE MORTGAGE(S) OR OTHER INDEBTEDNESS(ES) TO WHICH THE PROPERTY IS SUBJECT UNLESS OTHERWISE AGREED TO BY THE LENDER OR REQUIRED BY LAW OR REGULATION.

26. SELLERS ACKNOWLEDGEMENT: SELLER acknowledges receipt of a copy Part I pages I & 2, and Part 2 of thi' Sale, Contract. DATE: ,200_. am/pm.

Witness/Agent: ______X ___-::---:-_:--:-c-_-;--,--,-,,.- ______,SELLER Josepb W. Goodsir, Jr.. Managing Member Agent's Telephone: X:-:-______---'SELLER SELLERS Address: 251 W. Grand River Ave. East Lansing MI 48823 TELEPHONE: 517-337-7577 (day) TELEPHONE: ______'(eve)

27. BUYER'S RECElPT/RESPONSE o RECElPT is acknowledged by BUYER of SELLER'S acceptance of BUYER'S offer.

OR In the event SELLER'S response cbanges certain conditions in BUYER'S offer, BUYER

o ACCEPTS SELLER'S counter offer. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. BUYER ACKNOWLEDGES THERE Will BE A BINDING CONTRACT BETWEEN THE PARTIES ONLY WHEN THE SELLER SIGNS PARAGRAPH 28 BELOW.

REJECTS. oDATE: ______,200_. ______am/pm.

Witness/Agrot: ______X=---:-_~--=_-,--,------,BUYER Theodore J. Staton, City Manager Agent's Telephonc: ______X ______,BUYER BUYERS Address: ______TELEPHONE: ______,(day) TELEPHONE: ______(eve)

28. SEll.ERS RECElPT: SELLER accepLs and acknowledges receipt of BUYER'S acceptance of counteroffer. DATE: ,200_. ______am/pm.

WimesS/Agent: ______X ______SELLER Josepb W. Goodsir, Jr., Managing Member X ______SELLER

DISCLAIMER: This form is provided by the Greater Lansing Association of RCALTORS® solely for the use of iLs Members. Those who use this foml are "peeted to review both the form and the details of the panicular lransactioo to ensure that each sectioo of the form is appropriate for the transaction. The Greater Lansing Association of REALTORS® is nOi responsible for use or misuse of the form, for misrepresentation, or warranties made in connection with the form.

DCopyright Greater Lansing Association of REALTORS® #116 (Rev. 3/89, 1190, 11190, 1193,2194,2195,2196,7/97,10/97,2/99,5/00)

Approved as to form

Dennis McGinty <\ssistant City Attorney ADDENDUMl

This addendum between GTW Investment Properties, L.L.C., as Seller, and City of East Lansing as Buyer, modifies and controls the Buy and Sell Contract identified above (the Agreement) and any prior addendum thereto to the extent that the provisions in this Addendum are contrary to, in addition to, or modify the provisions contained within the Agreement or any prior addendum. All provisions in the Agreement or any prior addendum that do not directly conflict with this addendum are hereby reafflTIlled and remain fully effective and binding.

A. Notwithstanding the provisions of paragraph 4 of the Buy and Sell agreement, upon approval of the Brownfield Redevelopment Plan Amendment #12 for the redevelopment of 137 Louis Street, East Lansing, Michigan, Seller agrees to reduce the purchase price to Three Hundred Fifty Two-Thousand, Eight Hundred Eighty-Eight and 80/1 00 Dollars ($352,880.80). A copy of the Plan Amendment is attached. B. Each party warrants to the other party that no commissions are payable as a result of any contracts, acts, or omissions of that respective party. No commissions are to be paid by either party. In the event that any commission is due from any party, such commission shall be paid exclusively by the by the party whose action or omission resulted in such commission accruing. C. Parties acknowledge that the Premises are vacant and will remain vacant until closing. D. If title defects exist and SELLER is notified of same in writing, SELLER shall be allowed thirty (30) days from such notice to cure such defects, in default of which BUYER may act to cure such defects and deduct the cost thereof from the purchase price or, at BUYER'S option, terminate this agreement unless otherwise agreed to in writing between BUYER and SELLER. E. SELLER shall be responsible for obtaining all final utility billings prior to Closing and paying or securing payment of all final utility biils at Closing. F. Unitary Good Faith Offer: This is a unitary Good Faith Offer for the full compensation to all persons having an interest in subject property. If more than one person has an interest in the property, they may agree how to divide the compensation among themselves or they can request that a court decide how to divide any payment among them, it will not be the responsibility of the City or the agency who will conduct the closing. G. Risk of Loss: Risk of loss shall remain with the SELLER until the warranty deed has been delivered to BUYER. H. SELLER Agrees to remove all their personal property in the buildings, improvements and yard areas prior to closing. BUYER has the right to inspect the premises the day before closing to ensure that all personal property is removed. l. The Buy-Sell Agreement is contingent on approval by the City of East Lansing City Council. The Buy Sell Agreement is contingent on approval by the individual members of GTW Investment Properties, L.L.C. J. Buyer will be responsible for 2009 Property Taxes on the PROPERTY. K. In the event that the Buy and Sell Contract and this Addendum 1 are not signed by both pruties by July 31,2009, the Buy and Sell Contract and this Addendum 1 shall be held for naught.

WITNESSES: OWNER: GTW Investment Properties, L.L.C.

2::6£1hc= City Manager PLANNING AND COMMUNITY DEVELOPMENT Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

cc: Jim van Ravensway, Director - Planning and Community Development Darcy Schmitt, Planning and Zoning Administrator Annette Irwin, Operations Administrator

FROM: Tim Dempsey, Assistant Planning Director'11/ City of East Lansing PLANNING AND COMMUNITY DATE: July 24, 2009 DEVELOPMENT 410 Abbot Road East Lansing. MI 48823 SUBJECT: Avondale Rental Moratorium

(517) 319-6930 www.cityofeastlansing.com

Staff is requesting that the Avondale rental moratorium be discussed at the July 28 work session. We would like to present information on the following topics:

• Status of a rental overlay petition for the neighborhood • Survey results from a homeowner survey in the moratorium area • Outline of the previously discussed strategies

Materials are included with each of these items.

Rental Moratorium Area

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Homeowner Survey Results - Rental Moratorium Area

Background The purpose of the homeowner survey was to gain information about current owner-occupants in the Avondale Square Moratorium area and whether a zoning overlay may be a useful tool to retain or attract owner occupants. The survey tried to measure the extent to which current home owners may desire to modify to their home and what the perceived barriers are to doing so. To what extent does current zoning inhibit modifications to homes in the area? If homeowners need or want more space are they forced to move or can they modify their existing homes? If zoning was found to be the main barrier to homeowners updating their homes and therefore staying longer in the neighborhood, the Planning Department would then looking at the possibility of an zoning overlay that could address obstacles to making updates to these smaller homes and retain residents in the area.

Methodology A list of owner occupants was obtained from the GIS Coordinator and of the 301 addresses, 138 addresses were classified as non-rentals. Of these, several addresses were removed where the owner's address did not match the property address, or if the property was constructed in the past seven years. The final number of surveys mailed was 78. In order to increase the return rate, respondents were given the option of entering a drawing to win a $100 Meijer gift card. Of the 28 responses retumed, 22 entered that drawing.

Results The first part of the survey asked whether the homeowner had ever considered adding on to their current living space. Sixty-four percent said they had considered adding on to the house. Reponses varied from thinking about adding a second story, bedroom, bathroom, living space, 3 season room, kitchen enlargement, or indicated they had added on already.

When asked if they had considered adding an accessory unit, 29% had considered adding a garage or shed, 71 % had not considered adding an accessory building.

When asked what was the main factor influencing the consideration to modify the property, ten respondents answered the question. Six of ten respondents stated a need for an additional bedroom, three needed an additional bath. Six agreed they needed additional space and did not want to move. Comments expressed wanting to make the home attractive for resale in the future as well as getting more space in general.

A major purpose of the survey was to gauge why people who wanted to expand or modify their home did not do so. Given a list of responses, and asked to check as many as applicable, fifteen people responded with the top three responses being: a) financial barriers (10) b) concern regarding increased taxes (8) c) home value would be too high compared to neighbors (4) Others: "lot too small" (3), "Planning to move in the next few years" (2) and "plan would require a zoning variance" (1). When asked whether they plan to move in the next three to five years, 14 of the respondents answered that they did not plan to move. Four respondents answered in the "other" section that they may move due to retirement, empty nest down-sizing to a downtown condo, or the possibility of needing elder care. Those who answered yes noted being no longer able to afford their home( 1), wanting a newer home( 1), a larger home (3) or moving for family reasons( 1). Three respondents noted having a difficulty dealing with having so many students in the area and dealing with their lack of property upkeep and litter. The average length of time in the home for those who did not plan to move was 30 years. Of those who said they plan to move the average was six years.

When asked of the following two choices, which would they choose: 1) Sell and move to a bigger home or 2) Make alterations to current home, sixteen answered the question. Seventy-five percent said they would make alterations to their current home.

Some basic information about the respondents: • Average number of bedrooms: 2.91 • Number of bathrooms: 1.48 • Length of time in the home averaged 26 years with a range from one year to 56 years '7 C C ,~, CITY OF EAST LANSING ," f /. ~~

Homeowner Survey - Avondale Rental Moratorium Area

The City of East Lansing Planning and Community Development office is interested in finding out how zoning may affect homeowners in what is currently defined as the Avondale Rental Moratorium Area. Information on the moratorium area can be found on the City's website, www.cityofeastlansing.com. under "What's New" on the Code Enforcement and Neighborhood Conservation webpage. We are looking at ways to retain and enhance owner-occupied housing in the Avondale/Bailey neighborhood and need your input.

We will enter all of the homeowners who complete a survey into a drawing to win a $100 Meijer gift card. If you would like to enter the drawing, please provide your name, address, and phone number at the end of the survey. You may also respond online by following the link listed at the bottom of this survey. Surveys will be accepted until November 14, 2008. All survey responses will remain confidential.

Please answer the following questions to help us understand your interests.

1. Have you ever considered adding on to your current house to create an additional room or living space? Yes __ No __

If yes, please briefly describe: ______

2. Have you ever considered adding an accessory building, such as a garage? Yes No -- If yes, please briefly describe: ______

3. If you have considered adding to your property in some way, what were the main factors influencing that consideration? Please select all that apply and underline the one most important to you. a. Need an additional bedroom b. Family size increased c. Need an additional bathroom d. Need more space/don't want to move e. Other (please explain) ______

4. If you did not proceed to add to your home, what were the reasons for not doing so? (Please select all that apply and underline the one most important to you). a. Plan would require a zoning variance b. Financial barriers c. Planning to move in the next few years d. Lot too small e. Concern regarding increased taxes f. Home value would be too high compared to neighbors. g. Other (please explain) ______------c ~

~~: c CITY OF EASTE,f\NSING ':-, ~ ~ ~ CC

5. Do you plan to sell your home in the next 3-5 years? Yes __ No __ (Please select all that apply and underline the one most important to you). a. Would like a larger home b. Starting a family c. Infeasible to make changes to structure d. Other (please explain) ______

6. What would be your preference if both choices were otherwise equal? a. Sell and move to a bigger home. b. Make alterations to current home.

Please provide some basic information about your current situation: Number of bedrooms --- Number of bathrooms --- Number of years lived in the house ___ If you have a garage, how many cars does it accommodate? __

Any other comments you would like to add on this subject?

Please mail or fax the completed survey no later than November 14, 2008 to:

City of East Lansing Planning and Community Development Department 410 Abbot Road, Room 222 East Lansing, M I 48823 Fax: (517) 337-1607 OR Complete the survey online at http://www.surveymonkey.com/s.aspx?sm=3Xfq3DC5BYYH5mmmtTfw8A 3d 3d

I have completed the homeowner survey and would like to be included in the drawing for the $100 gift card: Name: ______

Address: ______

Phone: ______

The winner of the drawing will be notified by 11/21/2008. Please call Planning and Community Development Department with any questions you may have about this survey, at 319-6930. SurveyMonkey - Survey Results Page 1 of 1

Displaying 1 • 13 of 13 responses Jump To: I Go» I

Comment Text Response Date I:l Find I 1. The city made allowances for properties on either side of me. The one side Mon, 12/1/081:46 PM allowed a new home, to raise the height of the soil and the other side to lower the soil height for a badly laid driveway. Both made the appearance and desirability of my home less.

1.:1. Find I 2. Adding a basement would've apparently been very helpful in my recent Mon, 12/1/08 1:27 PM attempt to sell this home.

1:1. Find I 3. Smaller home would be our choice if we were to move, it would be to an area Mon, 11/17/089:21 AM with more homeowners or mixed ownerlrental area. There have been so many houses on 300/400 blk of Lexington that have become student rentals or parents buying for their student kids and not getting a license. I fully support a rental moratorium ,11. Find I 4. Rentals in my neighborhood are something I watch with concern Mon, 11/17/089:17 AM

! I,i Find I 5. This blocok is 75% rental with our house being the only owner occupied on Mon, 11/17/089:16 AM the surrounding 16 houses. More owner occupied on other end fo the block, please call ... Il Find I 6. one among many vacant adequate housing in a neighborhood of not owner Mon, 11/17/089:13 AM occupied that can't rent or sell. ·11. Find I 7. I was able to buy my home with the HOAP and have enjoyed my house. Mon, 11/17/089:09 AM 'Il Find I 8. I live on the 600 block fo Stoddard. This block is 75% rental. There is 6 Mon, 11/17/089:08 AM i student rental duplex next door. 1.1 Find I 9. No more student rentals Mon, 11/17/089:00 AM i I,it. Find I 10. I would definitely move if a sidewalk or large condolstudent rental apartments Fri, 11/14/08 2:06 PM were placed on our street. .1.1 Find I 11. I think it is incredibly unjust of the city to place such a moratorium on certain Fri, 11/7108 11 :51 AM neighborhoods. This is an egregious barrier to the intrinsic rights of individual homeowners. Although I have no intention of seeking a rental license, I should have every right to. I believe the policy of obtaining rental licenses should be homogenized throughout the entire community, and not cut and sliced differently from neighborhood to neighborhood. The city should not pick and choose whose rights they are going to trample on, but should tyrannize the whole or preferably none at all. It should be all or none, and not this pick and choose garbage.

! I:l. Find I 12. Garage with bedroom above was at some time added to house, probably in Thu, 10/30108 1:02 PM the 1950s

13. To encourage home ownership, you could consider providing some Wed, 10/29/08 11 :32 AM assistance to landlords to sell their properties to families (after the housing market improves, of course). The previous landlord next door to me put the house on the market for residential sale, but he didn't market it correctly (no open houses, etc.), and eventually he sold it to another landlord.

25 responses per page

http://www.surveymonkey.comIMySurvey_ ResponsesText.aspx?sm=edWBpTXkPSrNqsS... 12/112008 Avondale Rental License Moratorium Concepts

Homeowner Retention

Zoning Modifications One disincentive to remaining in a home is the inability to construct additions or new garages due to zoning restrictions. Homeowners that have growing space needs are often limited to the option of moving to another home. The application of various zoning tools can be applied in conjunction with economic tools to assist with addressing this issue. • Overlay District. An overlay district would provide greater flexibility in zoning to allow for home modifications and encourage longer home retention. • Form-Based Code. The second component of a zoning strategy would be to incorporate flexibility into the future form-based code. This would be a longer-term process but has the potential to be more seamlessly integrated into the overall code. • Rental Restriction Overlay. This is a currently available tool that allows residents to self-impose rental restrictions. Tax Incentives Providing appropriate financial incentives could be a key tool available for assisting homeowners in maintaining owner-occupancy. There are several existing tools that offer the potential to assist in this area. • Neighborhood Enterprise Zone. Under an NEZ, taxable value is frozen on homes that undergo significant improvements. The current law is limited to homes with a total cash value of $80,000, limiting its applicability to East Lansing. However, there is a bill in the legislature to increase the maximum to $95,000. Exploring a larger increase in this value for targeted neighborhoods and/or properties would be necessary. • Low Interest Loan Program. In concurrence with an NEZ, the creation of a low-interest rehab program would be an additional incentive along with the tax break. A loan program as a stand alone tool may not be sufficient for homeowner retention. • Neighborhood Improvement District. This is a version of tax increment financing geared towards residential areas. The law authorizes the use of TIF revenue for purposes of acquiring interest in property - this would include deed restrictions.

Rental Conversion

The conversion of rental properties would likely require financial incentives similar to the scale of the Virginia Avenue project. Given the current trends in the housing market, homeowner retention is clearly the immediate priority. However, should a conversion project be considered, there may be several avenues to explore: • Use of a Neighborhood Improvement District(s) to raise funds for the purchase of rental properties • Establishing a partnership with HHP to provide a tax write-off conduit for sellers PLANNING AND COMMUNITY DEVELOPlVIENT Quality Services for a Quality Community

MEMORANDUM TO: Theodore J. Staton, City Manager

FROM: Amy Schlusler, Community Development Specialist I

DATE: June 19, 2009

SUBJECT: 2010 Census - Work Program

City of East Lansing Staff has been working for several months on preparing a work plan for PLANNING AND marketing the Census 2010, which will take place in April of 2010. COMMUNI1Y DEVELOPMENT 410 Abbot Road The Census is a federally administered head count of every resident in the East Lansing. MI 48823 United States. The results of this collected information aI/ow the federal (517) 319-6930 www.cityofeas!lansjng.com government to aI/ocate funds throughout a number of areas: • Title 1 grants to educational institutions • Head Start Programs • Women, Infants, and Children (WIC) (food grants) • Public Transportation • Road Rehabilitation and Construction • Programs for the Elderly • Emergency Food and Shelter • Empowerment Zones

The Census is a vital mechanism to acquire funds allocated locally, and is contingent on the total number of residents in the community. Our intention is to market the importance of completing the Census to every resident in the City. Therefore, the federal government recommends that local municipalities establish Complete Count Committees (CCC), in order to reach a larger audience.

We are recommending establishing a CCC, which will be composed of representatives of a variety of organizations within the community (neighborhood association members, merchants, landlords, religious groups, university staff, members of the public school system, community services, etc.) From the official Complete Count Committee, four subcommittees will be formed to center upon separate areas of focus. The proposed subcommittees include: Education Committee; Events & Community Relations Committee; Multimedia Committee; and the Merchandise & Promotional Materials Committee.

The timeline for completing the work plan for the Census 2010 is from August 2009 to April 2010, with actual counts being conducted in late April. The work PLANNING AND COMMUNITY DEVELOPMENT Quality Services for a Quality Community

plan is divided into three phases, encompassing a variety of activities. Phase I can most easily be classified as the brain-storming stage, in which members of prospective subcommittees will identify and develop promotional campaigns that best assist in citizens' needs. Examples of specific activities that sub committee members will take part in include: the selection of information placed within printed materials, the creation of "drop locations" where Census materials can be distributed, the adoption of a regional logo and development of a mass media advertising campaign, and the identification of an outreach program to include local merchants and business owners.

The second phase can be identified as the implementation phase of the work plan. Activities will include: the identification of specific locations where informational materials will be distributed, the creation of content for social media campaigns, and the distribution of incentives for the completion of the 2010 Census.

The third phase of the work plan can be thought of as a "final push" for educational marketing materials to be distributed amongst community members. During this time period, a mass advertising campaign is scheduled to take place that includes the mediums of television, radio, and print. In addition, city staff members are committed to partnering with Michigan State University's UAB Council, to promote the Census during multiple activities that are scheduled to take place during the spring. Collection sites will also be established throughout the community, providing citizens the opportunity to submit their completed forms to the local government for mailing. A more detailed synopsis of the Complete Count Committees' schedule activities can be found in the following attachments.

Attachments:

Tentative Complete Count Committee Detailed Proposed Work Plan Draft Budget Phase I TImellne Est. Cost Summary Nomination of CCC Members July After considerations made by City Staff and the City Manager. a list of names will be presented to City Council for nominations of citizens to the Complete Count Committee.

Creation of a CCC August The CCC's main mission will be to create and implement a marketing campaign for the East Lansing region.

Education Committee Small Group Discussion Aug/Sep Staff/CCC members will meet with high school students. dual enrollment students. M.S.U. students. senior community members to discuss effective means of educating individuals throughout the community

Selection of Information Placed in Print Materials October Members of the CCC will select and help identify key pieces of information that will be educational and resourceful (examples: 3-fold brochures. one page hand-outs)

Discussion & Creation of Social Networking Aug/Sep An on-line educational video will be created and distributed throughout M.S.U. campus through social networking means (ex. facebook. youtube. etc.)

Events & Community Relations Committee Creation of list for "Drop Locations" Aug/Sep CCC members will help to identify key locations where educational materials will be placed throughout the community (ex. University locations. Residence Halls. Cafeterias. Public Schools. City Buildings. Office Complexes)

Brainstorm of Specific Marketing Events Aug/Sep CCC members will discuss and develop three key activities/events where Census materials will be distributed

Discussion of Collection Sites for Census Materials Aug/Sep CCC members will discuss areas throughout the community where citizens and students can drop off their completed Census forms for collection Multimedia Committee Development of mass advertising campagin Aug/Sep CCC members will meet to discuss how to best implement the educational materials provided by the education committee into the larger arenas of advertising (televiSion. radio. print. social media)

Logo Selection Aug $1.500 CCC members will select a sole logo. to be implemented on all marketing materials during the 2010 Census

Receive & Review Quotes for Advertising Aug/Sep CCC members will receive and review quotes for advertising throughout the region (example: television commercials. radio ads. print ads. social media networks)

Merchandise & Promotional Materials Committee Development of ArtlPoster Campaign Aug/Sep CCC members will discuss the development of an art/poster campaign to be implemented throughout the local elementary. junior high. high school. and M.S.U. campus

Brainstorm of promotional materials Aug/Sep CCC members will determine the best ways in which to implement materials such as magnets. t-shirts. hats. posters

Outreach to local businesses Aug/Sep/Oct CCC members will discuss collecting gjft~rds and give-aways from local merchants and offices to use as incentives for citizens to complete the census

Meeting Times (August-5eptember) $460.00 Note: Food is averaged at $8.00 per person plus $50.00 Room Rental fee at Hannah Community Center

TOTAL AMOUNT IN PHASE I: $1.960.00 Phase II Education Committee PrintlDistirbution of educational materials Nov. CCC members will adopt final drafts of all informational materials to be placed throughout the community Brochure/3-fold $1,200.00 Hand-Out $1,000.00

Social Networking Oct./Nov. $1,000 CCC members will continue to develop SOCial networking campaigns to be implemented amongst students on campus

Community Outreach Educational Campaign Nov.lDec CCC members will develop a small educational campaign to be implemented within the public schools, local organizations, and public facilities that best educates the public regarding the Census

Events & Community Relations Committee Implementation of Drop Locations Oct.-Dec. CCC members will help to facilitate the use of "drop" locations for educational materials throughout the community

Events Oct.-Feb. CCC members will ensure that informational materials are placed at key events taking place throughout the community

Contacts Made for Drop Sites Oct.-Feb. CCC members will identify and help contact individuals throughout the community to receive permiSSion to have "drop" locations placed on their property Multimedia Committee

Selection of Marketing Proposals Sep/Oct. CCC members will adopt proposals from various marketing entities (television, radio, intemet to be implemented weeks before the Census takes place Merchandise & Promotional Materials Committee Print & Distribution of Art Campaign Oct.-Dec. $200.00

PurchaselDistribution of materials Oct.-Dec. CCC members will help to distrubutelgive-away merchandise as a "reminder" for individuals to fill out the Census Gift Cards $1,000.00 T-Shirts $1,800.00 Magnets $100.00

Collection/Distribution of gift cards Oct.-Dec. CCC members will collect and determine proper distribution of gift cards/marketing materials throughout the area

Meeting Times (Oct., Nov., Dec.) $675.00 Note: Food is averaged at $8.00 per person plus $75.00 Room Rental fee at Hannah Community Center

TOTAL AMOUNT IN PHASE II: $ 6,975.00

Phase III Education Committee Community Outreach Educational Campaign Jan.-Apr. CCC Members and staff will set up presentation times within schools/community events to educate the public on the importance of the census

Events & Community Relations Committee Collection Locations Mar./Apr. CCC members will staff in setting up collection locations throughout the community

Sparty's Spring Party Apr. $3,000.00 City/CCC Participation in Sparty's Spring Party Campaign with collection sites set up throughout event

Multimedia Committee Mar./Apr. Mass Advertising Campaign Implemented T.V. WILX $1,500.00 WLNS $1,200.00 FOX 47 $800.00

Radio Advertisements Gildel $400.00 WKAR $1,034.00 WDBM LGG $400.00

Merchandise & Promotional Materials Committee Distibution of promotional materials Jan-Apr. CCC members will continue help to distrubute/give-away merchandise as a "reminder" for individuals to fill out the Census

Collection/Distribution of gift cards Jan.-Apr. CCC members will continue to collect and determine proper distribution of gift cards/marketing materials throughout area

Meeting Times (Jan., Feb., Mar., Apr.) $900.00 Note: Food is averaged at $8.00 per person plus $100.00 Room Rental Fee at Hannah Community Center

TOTAL AMOUNT IN PHASE III: $9,224.00

TOTAL AMOUNT FOR PROPOSED 2010 CENSUS BUDGET: $18,169.00 Census 2010 Marketing Budget

Item Unit Cost Total Cost Quantit~ Provider Logo Design $ 500 $ 1,500 3 Blum/Ciesa Design Brochure (3 Fold) $ 0.120 $ 1,200 10,000 Logan Brothers/Bradford Printing Hand-Out $ 0.069 $ 1,000 14,500 Logan Brothers/Bradford Printing Large Art Posters $ 200 500 Logan Brothers/Bradford Printing TV - Ads $ 62.50 $ 1,500 24 WLNS6 TV -Ads $ 1,200 22 WILX 10 TV - Ads $ 800 60 FOX 47 Radio - Ads $ 400 100 Citadel Radio - Ads $ 47 $ 1,034 22 WKAR Radio - Ads $ 20 $ 400 20 LCC BizVid (Social Media) $ 1,000 $ 1,000 1 Good Fruit, LLC Gift Cards $ 10 $ 1,000 100 TBD T-Shirts $ 6 $ 1,800 300 TBD Magnets $ 0.10 $ 100 1,000 TBD Concert and Activities $ 3,000 1 MSU UAB/Sparty's Spring Party Meeting Times $ 2,035 9 Food & Rental at Hannah Comm Total $ 18,169 CITY OF EAST LANSING

EAST LANSING CITY COUNCIL

RESOLUTION TO FORM PARTNERSHIP WITH THE U.S. CENSUS BUREAU ON PROMOTING THE 2010 CENSUS

WHEREAS, an accurate census count is vital to our community and residents' well-being by helping planners determine where to locate schools, day-care centers, roads and public transportation, hospitals and other facilities, and is used to make decisions concerning business growth and housing needs; and,

WHEREAS, more than $300 billion per year in federal and state funding is allocated to states and communities based on census data; and,

WHEREAS, census data ensure fair Congressional representation by determining how many seats each state will have in the U.S. House of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and,

WHEREAS, the 2010 Census creates jobs that stimulate economic growth and increase employment opportunities in our community; and,

WHEREAS, the information collected by the Census is protected by law and remains confidential for 72 years;

NOW, THEREFORE, BE IT RESOLVED, that the City of East Lansing is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010.

Diane Goddeeris, Mayor Pro Tem Dated: Moved by Council member:

Supported by Council member:

ADOPTED: Yeas: Nays: Absent: CLERKS CERTIFICATION: I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the East Lansing City Council at its regular meeting held on August II, 2009, the original of which is part of the Council's minutes.

Nicole Evans, City Clerk

Approved as to form:

Dennis E. McGinty (P17407) East Lansing City Attorney PLANNING AND COMMUNITY DEVELOPMENT Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

FROM: Darcy C. Schmitt, Planning and Zoning Administrator

DATE: July 23, 2009

SUBJECT: Ordinance 1225 - 124 Burcham Drive

Ordinance 1225 is a request from the Branoff Investment Group to rezone the rear City of East Lansing PLANNING AND portion of the property at 124 Burcham Drive from R-2, Medium Density Single COMMUNITY DEVELOPMENT Family Residential District, to RM-32, City Center Multiple Family Residential 4 J0 Abbot Road East Lansing, MI 48823 District. Please forward this item to the City Council to introduce and refer to the Planning Commission. (5 J7) 3 J9-6930 www.cityofeastlansing.com

Introduced: 07-28-09 Public Hearing: Adopted: Effective:

CITY OF EAST LANSING, MICHIGAN

ORDINANCE NO. 1225

AN ORDINANCE TO AMEND THE ZONING USE DISTRICT MAP OF CHAPTER 50 - ZONING - OF THE CODE OF THE CITY OF EAST LANSING

THE CITY OF EAST LANSING ORDAINS:

The Zoning Use District Map is hereby amended to rezone the following described parcel from the R-2, Medium Density Single-Family Residential District, to RM-32, City Center Multiple Family Residential District:

A portion of Parcel No.: 33-20-02-18-100-004

The south 97.93 feet, plus or minus, of Lot 4 of Chandler's Subdivision of Lot 31 ofAngell's Subdivision of Lot 80 and portions of Lot 78 and 79 College Grove Plat on N.W. ~ Section 18, Township 4 North, Range 1 West, City of East Lansing, Ingham County, Michigan

More commonly known as 124 Burcham Drive

Victor W. Loomis, Jr. Nicole Evans Mayor City Clerk

CITY OF EAST LANSING

EAST LANSING CITY COUNCIL

RESOLUTION TO APPROVE THE TRI-COUNTY OFFICE ON AGING AREA PLAN FOR FISCAL YEARS 2010-2012

WHEREAS, the Tri-County Aging Consortium, know as Tri-County Office on Aging, produced the Area Plan for Fiscal Years 2010-2012 as required by the Older Americans Act and the Older Michiganians Act; and,

WHEREAS, the East Lansing Senior Commission received a copy of the plan for their review; and,

WHEREAS, the a public hearing was noticed and held in April 2009; and,

WHEREAS, East Lansing City Council appointed a representative to serve on the Advisory Council which reviewed and recommended approval to the Consortium Administrative Board; and,

WHEREAS, East Lansing City Council Member of the Consortium Administrative Board has reviewed the 3 year plan and recommended approval.

NOW, THEREFORE, BE IT RESOLVED that the East Lansing City Council approves the Tri-County Office on Aging Area Plan for Fiscal Years 2010-2012.

Diane Goddeeris, Mayor Pro Tem Dated: July 28,2009

Moved by Council member:

Supported by Council member:

YEAS:

NAYS:

ABSENT: CLERKS CERTIFICATION: I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the East Lansing City Council at its Tuesday, July 28, 2009 meeting, pursuant to notice under the Michigan Open Meetings Act, the original of which is part of the Council's minutes.

Nicole Evans, City Clerk CITY OF EAST LANSING Board/Commission Application

All appliCtlflts must he residents ofthe city exce.pt/or members of the Arts Selection Pmlel, Downtown Developmetlt Authority (DDA), Downtowri Mcuwgement Board (DM1:J) lIud University Studeflt Commission (USC). This appti"'ltionjorm serves £Ilt b()ards and commission exceptfor tne USc. Appliccmts to the DMB mml live or work within (lie DMB Special Assessment District. Applic£mls to (he DDA must IIw Within the city or have a.n interest iTl (I business or property l()cated wirhin the DDA District. Appfic(ltions. additiOrial rti?quiremeJ1ls and itlj()rm£ltioll are available from the Ci~y Council arid City Clerk (Jfjices Clnd the City of East Lansing wehsite: 1\·Ww.(!itJ.:..tH.i!.(b~rlansiIl!4.I·Ofl~.

Application for I:lppointment to: Commission on the Environment (Nam~ o/BocwdICommissirm)

Name:H~lIa Davis-Ray

Address: -1.64 Maplewood Drive

How can \\i~ contact you'? cell - 281 ·3488 or work.,-.....:;;.3=.2=.2-...;:6::..::5::.;:6:...:0:-.-______

Please list any special s1,iUs, experience or training which you possess and which would bemefit the work of the above board or conunission, including servit:e on any other board or commission. I am an industrial hygienist and a program manager with MIOSHA. I understand state and federal regulations and the rule promulgation process. I regularly facilitate meetings and I participate in many work groups. In addition to my occupational health experience I have a strong interest in environmental health. I have resided in East Lansing for the past 13 years . Over the past ten years I have served in all of the positions of the Brookfield Neighborhood Association. I'm currently the association's recording secretary. After completing the City's Emerging Leaders Program this Fall, I resolved to apply to the EL board/commission that I felt was the best match to my skills and interest, the Commission on the Environment. Thank you for your conSideration.

Rerum to: City Council Office, City of East Lansing, 410 Abbot Road, East Lansing, MI 48823 Fax (517)337-1607 E-mail: £gllllcikonl:i1C;J;!(j)cit\-'()f..:li~!hil1sin!1.c~nIl Phone (517) 319-6920

pri~t I IClear For.j!]

1:0/10 3817d 138 I7HSOI W

Introduced: 06-16-09 Public Hearing: 07-14-09 ''''--- Adopted: 07-14-09 Effective: 07-22-09

CITY OF EAST LANSING

ORDINANCE NO. 1224

AN ORDINANCE TO AMEND SECTIONS 44-31 AND 44-33 OF ARTICLE II - ADOPTION OF MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC CODE- OF CHAPTER 44 - TRAFFIC AND VEHICLES - OF THE CODE OF THE CITY OF EAST LANSING.

THE CITY OF EAST LANSING ORDAINS:

Sections 44-31 and 44-33 of Article II - Adoption of Michigan Vehicle Code and Uniform Traffic Code - of Chapter 44 - Traffic and Vehicles - of the Code of the City of East Lansing, as well as the Caption of Article II, are hereby amended to read as follows:

ARTICLE II. ADOPTION OF MICHIGAN VEHICLE CODE, UNIFORM TRAFFIC CODE AND MOTOR CARRIER SAFETY ACT.

Sec. 44-31. Codes adopted.

The Michigan Vehicle Code, Public Act No. 300 of1949 (MCL 257.1--257.923), including all amendments effective as of the date of publication of notice of adoption ofthe ordinance codified in this article, and including all amendments thereafter made to the Michigan Vehicle Code, is hereby re-adopted by reference as a traffic code ofthe City of East Lansing. Amendments made to the Michigan Vehicle Code shall become effective as adopted by reference herein effective the same date they become effective in the Michigan Vehicle Code. The March 1981 edition of the Uniform Traffic Code for Cities, Townships, and Villages promulgated by the commissioner of state police and published in the 1979 edition of the Michigan Administrative Code and amendments as published in the Quarterly Supplement No.5 to the 1979 edition of the Michigan Administrative Code, in accordance with Public Act No. 62 of 1956, is hereby adopted by reference as hereinafter modified by article III of this chapter, to be a traffic code of the City of East Lansing. In the event of any conflict between the provisions of the Michigan Vehicle Code and the Uniform Traffic Code for Michigan Cities, Townships, and Villages as hereinafter modified by article III ofthis chapter, the provisions of the Michigan Vehicle Code shall control. The Motor Carrier Safety Act, Public Act No. 181 of 1963, as amended, (MCL 480.11 et seq.) and all of the amendments and supplements thereto, as well as all rules and regulations promulgated by the Michigan Department of State Police pursuant to MeL 480.17a are hereby adopted by reference as the Motor Carrier Safety Act ofthe City of East Lansing. Sec. 44-33. Copies to be available. The city clerk, having published the ordinance adopting the Michigan Vehicle Code, the Motor Carrier Safety Act and the Unifonn Traffic Code in the manner required by law, and having published a supplementary notice setting forth the purpose of the said codes, and of the fact that complete copies of the codes and all amendments and local changes thereto are available at the office of the clerk for inspection by and distribution to the public at all times, shall maintain copies in accordance with such supplementary notice and in compliance with state law requiring that records of public bodies be made available to the general public.

Victor~W. Loomis, Jr. Mayor City Clerk

"0_- July 16, 2009

To: Theodore Staton, East Lansing City Manager Victor W. Loomis Jr., East Lansing Mayor Diane Goddeeris, East Lansing Mayor Pro Tem Kevin Beard, East Lansing City Councilmember Roger W. Peters, East Lansing City Councilmember Nathan Triplett, East Lansing City Councilmember

From: Mike Secord, GLFF Manager Marsha MacDowell, GLFF Program and Artistic Director

RE: Great Lakes Folk Festival Street Closures

The Great Lakes Folk Festival will be held in downtown East Lansing on August 7,8 and 9, 2009. Below is a summary of the Festival events for 2009.

The Great Lakes Folk Festival site plan includes:

• Three music stages: Valley Court, MAC., and the Albert Avenue Dance Pavilion. • Approximately 25 food vendors, 14 craft vendors, 3 information centers, t-shirt sales and CD sales. Also, 12 cultural showcase tents and new this year, the MSU Press book tent. • Sidewalk cafe's will be set up local restaurants: Harper's & Crunchy's. • A Fiesta themed area complete with children's activities will be setup in the parking lot 8 across from People's Church. • City parking garages will remain open during the festival. • CATA will again provide service to and from the commuter lot, Abbott Center and regular stops for a nominal fee. • Free guarded bicycle parking will be setup on Albert Street and Abbott Road in lot 4. • Equipment storage for the festival operations will be setup in the southeast portion of the police lot behind City Hall. • Downtown merchants are encouraged to sell their wares outside their places of business during the Festival. • An Emergency Plan will be coordinated with East Lansing and Fire Departments.

1 We would like to request approval of the following closures:

Thursday, August 6th at 8 a.m. • Albert Ave. Parking lot 1

Friday, August 7th at 8 a.m. - Sunday, August 9th at 10 p.m. • Albert Avenue between Evergreen and Charles Streets • Abbott Road between Grand River Avenue and Elizabeth Street • M.A.C. Avenue between Grand River Avenue and Linden Street • Valley Court between Delta and Evergreen Avenue. • Evergreen Avenue between Grand River Avenue and Oakhill Avenue • Grove Street at Albert • Hillside Court North of Valley Court • Parking lots: 4 (Albert & Abbott), 8 (meters behind Peoples Church) and 16 (City Center/CVS) • Delta Street between Grand River Avenue and Valley Court

Many of these roads will be staffed to allow permit and special access for residents and parking for persons with disabilities. All lots and streets will remain closed through Sunday August 9, 2009 until 10 p.m. A communication plan for businesses and residents has been implemented for notifying affected parties. City of East Lansing Community Events, Communications, Public Works, Parking, Police and Fire Departments have reviewed this street closure plan.

We would also like to request approval to regulate the existence of any and all vendors within East lansing Downtown Business District from Charles Street West to Valley Court from 6 a.m. August 7 through midnight August 9,2009. The exceptions to this will be The Post, lou and Harry's and Woody's who have secured their own operating permits through the COEl that will be valid through the duration of the festival.

Please note that City Hall will only be used for a pre-festival meeting for the Ingham County Health Department and Food Vendors on Friday August 7 from 2 p.m. - 3 p.m. A vacant portion of a nearby business will be identified to act as the festival administration and operations office.

2 CITY COUNCIL Quality Services for a Quality Community

MEMORANDUM

TO: Theodore J. Staton, City Manager

FROM: Laurie Hoffman

DATE: July 28, 2009

SUBJECT: July 28, 2009 Work Session of the City Council City of East Lansing CITY COUNCIL 410 Abbot Road East Lansing, MI 48823

(517) 319-6920 www.cityofeastlansing.cotn DISCUSSION ONLY

Attachment 0 - Correction

• Revision on of Ordinance No. 1215; an Ordinance to amend Section 8-67 of Article II and Sections 8-381, 8- 382,8-383,8-384,8-386, 8-387, 8-388, 8-389, 8-394 of Article VI - Taxicabs of Chapter 8 - Businesses - of the Code of the City of East Lansing

MCGINTY, HITCH, HOUSEFIELD, PERSON,. YEADON & ANDERSON, P. C.

MEMORANDUM

TO: East Lansing City Council

FROM: Dennis E. McGinty, City Attorney }9c?b1

RE: PEDICABS TONY BENEDICT'S JULY 2, 2009 CORRESPONDENCE

DATE: July 16, 2009

Mr. Benedict's July 2, 2009, correspondence expressing concerns over recent amendments to the taxicab ordinance has been delivered to my office for a response. Mr. Benedict's concerns arise from his operation of a pedicab in the city and indicates that the ordinance is "overkill" for someone operating on a limiting basis in which he does. Mr. Benedict then enumerates a number of points where he feels the City's taxicab ordinance is, or should be, inapplicable to pedicabs. I will address these issues in the order in which he raises them. At the outset, however, I would note that ordinances are generally not drafted to conform to a specific individual's business practices. Rather, the ordinances must be drafted in a much more generalized sense.

Section 8~382. License tag. Obviously, the tag can be affixed to the vehicle in the manner in which it is readily apparent to the officer even though there is no windshield.

Section 8-383. Drivers· license.

1. Mr. Benedict misreads the ordinance. The ordinance only requires a "city public drivers license" meaning that the specific individual must be licensed by the city. This section does not require a chauffeur's license as asserted by Mr. Benedict.

2. Requirement of good moral character. Mr. Benedict is apparently concerned that the phrase "of good moral character" is vague. To the contrary, this phrase is well-recognized in the law as meaning "the propensity on the part of the person to serve the public in the licensed area in a fair, honest and open mariner." It prohibits furtive contacts with the public and requires a degree of transparency and accountability. It simply prohibits unfair, dishonest, and secretive behavior. See Dept a/Community Health v Vandermay, per curiam unpublished opinion of the Court of Appeals dated March 11, 2008.

3. Affidavit of no drug use and arrest history. Mr. Benedict asserts that the required affidavit is illegal. However, as we indicated to Council in prior correspondence, given the public interest in making sure cab drivers (including pedicab drivers) are not drug users, this is a proper

Page 2 July 16,2009

inquiry for licensing. The purpose ofthe affidavit is to have the individual affirmatively state that they have not been arrested for distributing or using illegal drugs in the last year. If we determine that that is not the case, we can take action against the person's license. As such, the affidavit is important.

4. Five-Panel Drug Screen. Mr. Benedict indicates a number of concerns over the five- panel drug screen. The drug screens done by approved agencies are'always urine tests. Second, the ordinance requires that the results be submitted to the City Clerk pursuant to section 8-383(1)(a). Finally, having operators of pedicabs as well as taxicabs screened for drug use appears to be a prudent course of action even though it may be more difficult to operate a pedicab while on drugs than some other vehicle.

5. ,Mr. Benedict is concerned about the expense of a taximeter for his business. Obviously, the purpose of a meter is so that the taxi driver is unable to charge people more than they otherwise understand they would be required to pay. While clearly Mr. Benedict's practices of giving "free rides" to individuals and rely only on tips would not be a concern, again, we cannot draft an ordinance tailored to one person's specific business practices. When contemplating changes to the ordinance we did in fact contemplate situations in which a flat rate is charged regardless of the distance and excluding those companies from the meter requirements. There was at the time, however, no one operating on solely a flat rate basis. As such, meters seem to be an appropriate way of protecting the public.

If Council is agreeable to protecting the public in some other fashion, such as not requiring meters for flat rate services, we may wish to consider a change in that regard. '

6. Safety Issues. Mr. Benedict indicates that he believes the ordinance changes were insufficient in that they do not address the inspection, lighting, and signal requirements for the pedicab. Since there were no safety requirements in the original taxicab ordinance, none were added when the definition oftaxicab was expanded to include human- or animal-powered vehicles. In that regard, Council may wish to add some of the required safety features such as those requirements of the Grand Rapids pedicab ordinance at section 67.604(1).

I disagree with Mr. Benedict that we need a separate ordinance for pedicabs as opposed to taxicabs. The distinctions that he raises are not sufficient to require a whole separate ordinance. If there are some changes Council would·like to see to the current city taxicab ordinance based upon Mr. Benedict's concerns, we will of course be happy to draft a proposal for Council's review.. In the meantime, I believe the current taxicab ordinance properly regulates pedicabs and their drivers. bks Ref021A Ref 097 , Ref 102('1)(1) /

Gronef kopld:) CHAPTER 114 PEDICABS Sec.7.601 Purpose. Sec. 7.602 Definitions. Sec. 7.603 Operating Regulations. Sec. 7.604 Vehicle Regulations. Sec. 7.605 Application for Operating Pennit. Sec. 7.606 Validity of Operating Permit. Sec. 7.607 Pedicab Identification Number and Decal. Sec. 7.608 Pedicab Operating Permit and Decal Fee. Sec. 7.609 Gl'Ounds for Denial, Suspension or Revocation of Operating Permit or DecaL Sec. 7.610 Notification of Slispension or Revocation of Operating Permit Appeals. Sec. 7.611 Preliminary Breath Test. Sec. 7.612 Seat Belt Use Violation is a Civil Infraction.

Sec.7.601 Purpose. The transportation of persons by means of pedicabs is a matter closely affecting the public interest. The public interest requires that pedicab operators be properly qualified persons, that the pedicabs themselves be fit for their intended purpose and that the safety and welfare of passengers be protected in the operation of pedicabs and pedicab companies. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.602 Definitions. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] (1) Pedicab means a multi-wheeled passenger vehicle that is moved by human power that is pulled, pushed or otherwise propelled by a person, which is used in the movement of passenger(s) on public rightwofNway and shall include vehicles pulled or pushed directly by human power and vehicles propelled through a cycle or other mechanical means. Pedicab shall include, but not be limited to, cycle-rickshaws, cyclos, velotaxis, trishaws, biketaxis and any other pushcart or rickshaw-type vehicle. (2) Pedicab Owner means a person who is the owner of a pedicab or a proprietor of a pedicab business who supplies pedicabs to others to operate as independent contractors or employees. (3) Pedicab Driver means a person who operates a pedicab. (4) Operating Permit means a written permit issued by the City authorizing a person to operate a pedicab. (5) City Manager means the City Manager of the City of Grand Rapids or the City Manager's authorized subordinate as provided fot' in Section 1.9 of this Code. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.603 Operating Regulations. No person shall drive 01' operate a pedicab for hire upon the streets, highways or thoroughfares ofthe City of Grand Rapids, and nopel'son who owns or cont~ols a pedicab

shall permit it to be so driven or operated unless the pedicab is operated in compliance with all of the requirements of this Section. (1) No person shall operate a pedicab without an operating permit. (2) No person under the age of 18 shall operate a pedicab. (3) No person shall drive or operate a pedicab unless that person has a current valid Michigan driver's license. (4) No person shaH operate, 01' cause to be operated, a pedicab, in an unsafe condition. (5) All pedicab drivers are subject to all applicable traffic safety laws, rules, and regulations ofthe City of Grand Rapids and the State of Michigan. . (6) Pedicabs are not permitted to park on public property except as follows: (a) The City Manager may designate a portion of a public street, alley, plaza, park or similar public place as "pedicab stand,1I for the parking of pedicabs. (b) In a legal parking space, provided that the fee for occupying said space is paid, if applicable. (c) A single pedicab may park temporarily at the curb or on a sidewalk only as long as necessary for passengers to board and exit the vehicle. (d) In all cases, pedicabs shall be parked in a location that does not impede pedestrian or vehicular traffic. (7) Fares must be agreed upon at the beginning of each trip. (8) No person shall use or allow any pedicab to be used, for any illegal purpose. No person shall use or permit or allow any pedicab to be used in, or to aid or abet, any illegal act. (9) No person shall operate or knowingly permit any other person to operate any 'pedicab under the influence of intoxicating liquor, any controlled, exhilarating or stupefying substance or of any combination of substances mentioned herein. (10) No person shall operate a pedicab when the number of passengel'S exceeds the number of available seats. No person shall operate a pedicab unless all passengers are seated in a seat designed for that purpose and using the seatbelt provided for in the seat. (11) Each pedicab owner shaH adopt and operate a system for the collection, storage and return of personal property left in a pedicab. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.604 Vehicle Regulations. No person shall drive or operate a pedicab for hire upon the streets, highways or thoroughfares of the City of Grand Rapids, and no person who owns or controls a pedicab shall permit it to be so driven or operated unless the pedicab vehicle is in compliance with all of the requirements of this section. (l) All pedicab owners must have each pedicab vehicle inspected by the City of Grand Rapids prior to operation. All pedicab vehicles must be constructed for and have the structural integrity to support pedicab operations. Each pedicab vehicle must be equipped with the following: (a) Front and rear turn signals. (b) Head lights. (c) Taillights. (d) Real' view minor. (e) A bell or horn.

(f) Seatbelts for passengers. (g) Reflectors placed on each wheel and at each corner of the body ofthe pedicab. (h) A proper braking system approved by the City Manager. (i) Any other equipment required to comply with all applicable federal and state laws. G) A pedicab must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles, and supporting structures of each pedicab vehicle must be intact. (2) Each pedicab owner shall, at all times, keep each pedicab vehicle clean and free of refhse and in safe operating condition. Pdor to the operation of any pedicab and at the beginning of each shift 01' each day of operation, the pedicab owner shall thoroughly inspect the pedicab for safe operating conditions. For any condition found then 01' at any other time that will prevent the safe operation of the pedicab, the owner shall immediately remove the pedicab from service and correct the condition before the pedicab is returned to service. (3) Each pedicab shall have a unique, non-transferable vehicle identification number at least foUl' inches in height visible on both sides of the vehicle. (4) Each pedicab owner shall prepare a training program for pedicab drivers covering, at a minimum, the safe operation of pedicab vehicles, customer service policies and the requirements of this chapter. (5) Each pedicab owner shall at all times maintain a policy of liability insurance in the minimum amount of one million dollars ($1,000,000.00) for personal injuries, and propelty damage arising out of the permitted operation. The policy shall directly protect the City of Grand Rapids, its officers and employees and agents as additional named insureds, and shall provide that the insurance be primary insurance and that no other insurance purchased by the City will be called on to contribute to a loss covered by said policy. The policy shall [Uliher provide ten (l0) days notice of cancellation or material change to the City's designated agent. Evidence of insurance coverage must be provided before any permit is issued. Prior approval of the City of Grand Rapids is required. Each owner and operator shall fmther agree to hold the City harmless for any liability or claim arising out of his or her operation that is 110t covered by the required insurance. Any deviation from the listed insurance coverage is subject to the approval ofthe City of Grand Rapids. (6) If a pedicab vehicle is involved in an accident or collision, the pedicab driver shall immediately notify the pedicab owner and the police department and remain at the scene until the accident 01' collision is investigated by the police. The pedicab owner shall submit a full written report on the condition ofthe pedicab vehicle to the City Office of Special Events within 72 hours after the occurrence. Before operating the pedicab vehicle again, the pedicab owner shall have the vehicle re-inspected by the City Office of Special Events for safety. (7) Each pedicab owner must file a business information card with the City Office of Special Events prior to operation. Each business information card shall contain the following information: (a) Name ofthe business. (b) Name of the business Manager, Owner(s) and Shareholder(s). (c) Contact information ofthe business Manager, Owner(s) and Shareholder(s).

(d) A list of each authorized pedicab driver, including name, address, date of birth, and certification that the driver has completed the required training program established in this Chapter. (e) Current insurance certificate as required by this Chapter. (8) All pedicab drivers must display an identification badge. Each identification badge must contain the following information: (a) Name. (b) Age. (c) Height. (d) Weight. (e) Photograph. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.605 Application For Operating Permit. (1) The operating permit application form shall be prescribed by the City. (2) Any application that does not include all information requested by the application form or is not supported by the materials required by this Chapter shall be denied. (3) The application form shalll'equire the following information: (a) The applicant's full name and residence address; (b) The applicant's date of birth; (c) The applicant's Michigan driver's license number; and (d) Such other information as the City may require. (4)' The applicant shaH provide the following material to complete the application; (a) Valid Michigan driver's license; (b) Two recent color passport-sized photographs; (c) Such other material as the City may require. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.606 Validity of Operating Permit. (1) Operating permits shall be valid for a period of one year from the date of issuance. (2) Operating permits shall become invalid immediately if the operating permit is defaced, altered, forged or counterfeited. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.607 Pedicab Identification Number and Decal. (1) It is unlawful for any owner to lease, rent, or allow a pedicab to be operated for hire without first having obtained a decal issued by the City. The decal shall be affixed in a manner prescribed by the City. Each pedicab shall have a unique, non-transferable vehicle identification number at least four (4) inches in height visible on both sides ofthe vehicle. (2) Before allowing a pedicab to be operated for hire, owners shall have a decal and identification number. (3) The decal form shall be prescribed by the City. (4) The owner shall provide the following information to complete the application: (a) The full name and address of the applicant; (b) The name and address of all legal and registered owners of the pedicab; and

(c) A description of the pedicab, including trade name, if any, serial number and body style. (5) Applications shall also provide proof of insurance in accordance with the provisions of this Code. (Ord. No. 2008~19, § 1, 6~3~08)

Sec. 7.608 Pedicab Operating Permit and Decal Fee. The City shall charge a non-refundable fee to recover the cost of activities associated with the administration, regulation and issuance of decals and operating permits. The fee shall be determined annually by the City Commission. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.609 Grounds For Denial, Suspension or Revocation of Operating Permit or Decal. (1) Operating permits or decals may be denied, suspended 01' revoked by the City based upon any of the following grounds: (a) The operator or pedicab owner fails or has failed to comply with the application provisions of this Chapter. d I ~ )'1.' v.. ::!..~~L_"1L, .... -.- (b) The operator has been convicted of any felony involving force an"tlvioTimce; any misdemeanor or felony reckless driving or driving under the influence offense; or any crime reasonably related to the qualifications, functions, or duties of the passenger transport business or the ability of the operator to safely transport passengers; unless five (5) years has elapsed from the successful completion of the sentence for any such conviction. (c) The operator has been convicted of a crime that requires registration under the Michigan Penal Code as a sex offender. (d) The operator or owner has knowingly made a false statement of material fact, or knowingly failed to state a material fact in the application process for the operating permit or decal. (e) The operator's ability to drive lawfully in Michigan is currently expired, suspended or revoked. (f) The operator has engaged in activity that, in the judgment ofthe City Manager, constitutes a serious threat to public health, safety or welfare. Such threat may be indicated by, but is not limited to: i. an arrest for driving under the influence of alcohol or a controlled substance while operating a pedicab; ii. an arrest for a crime, that if convicted, would require registration as a sex offender, and where a pedicab was used in the planning of, perpetration of, or fleeing from the offense; iii. a report from a law enforcement agency that the pedicab or pedicab operator was involved in a vehicle accident involving a pedicab, where the pedicab passengers were injured. (Ord. No. 2008·19, § 1,6-3-08)

Sec. 7.610 Notification of Suspension or Revocation of Operating Permit; Appeals. (1) Any operating permit issued by the City may be suspended or revoked by the issuing officer or Authority for cause as herein defined. In either case, a hearing shall be

scheduled to be held by the City Manager or the City Manager's designee. Depending upon the necessity for prompt action, the hearing shall be held in accordance with one (1) of the following provisions: (a) Ifthere is no immediate threat to the public health, safety 01' welfare, the hearing shall be held to determine whether the operating pennit should be suspended or revoked. The holder of the operating permit shall be notified of the time, date and place of the hearing and shall be notified of the reason or reasons for the proposed suspension or revocation. The operating permit holder shall be entitled to be represented by counsel, to submit evidence, to cross-examine testifying witnesses, and to make arguments concerning the factual and legal issues. The hearing officer or body shall render a written decision stating the reasons for the decision. (b) If there is an immediate tlll'eat to the public health, safety or welfare, the operating permit may be suspended prior to the hearing. If a license or permit is suspended prior to the hearing, the hearing shall be commenced as soon as it is practical, but in no case more than ten (l0) days after the suspension. The hearing shall be held to determine whether to terminate or extend the suspension or whether the suspension should be converted into a revocation of the operating permit. The holder of the operating permit shall be notified of the time, date and place of the hearing and shall be notified of the reason or reasons for the already-imposed suspension and for any contemplated future action. The operating permit holder shall be entitled to be represented by counsel, to submit evidence, to cross examine testifying witnesses. and to make arguments on factual and legal issues. The hearing officer or body shall render a written decision stating the reasons for the decision. (2) In any hearing held pursuant to the provisions ofthis Chapter, the rules of evidence shall be followed as far as practicable, but a hearing officer or body may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. Irrelevant. immaterial or unduly repetitious evidence may be excluded. Notice may be taken of facts within the general knowledge of the community. (a) Any person dissatisfied with the decision of the City Manager or other appropriate hearing officer or body may appeal to the City Commission, provided that a writtyn request for such an appeal shall be filed within seven (7) days of the date of the decision to be appealed. The -City Commission shall schedule a hearing on the appeal within eight (8) days of the receipt of the request for appeal by the City Clerk. The hearing shall be scheduled and held before the entire City Commission or a Committee thereof. as the City Commission shall determine. The factual record made in the hearing below shall constitute the basic record for the appeal. The City Commission may, but need not, allow the presentation of additional evidence by a majority vote. Argument as to relevant factual and legal issues shall be permitted. The decision of the City Commission shall be by majority vote. The Commission may affirm, reverse or modify any action taken relative to a license. The decision of the City Commission shall be final. (Ord. No. 2008-19, § 1, 6-3-08)

Sec; 7.611 Preliminary Breath Test. A peace officer who has reasonable cause to believe that a person is or was operating a pedicab upon a public highway or other place open to the public or generally accessible to a pedicab. including an area designated for the parking of vehicles, and that the person

by the consumption of alcoholic liquor may have affected his or her ability to operate a pedicab may require the person to submit to a preliminary chemical breath analysis. A pedicab operatm's refusal to take 01' failure to properly take a preliminary chemical breath analysis as required by this Section is a violation of this Code. (Ord. No. 2008-19, § 1,6-3-08)

Sec. 7.612 Seat Belt Use Violation is a Civil Infraction. Permitting or failing to require a passenger of a pedicab to use a seat belt only shall be a municipal civil infraction as provided for in Chapter 170 of this Code. (Ord. No. 2008-19, § 1,6-3-08)

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