Professional Documents
Culture Documents
X. MAYOR’S COMMENTS
1
B. CONSENT AGENDA
2
2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS
Persons with disabilities who need an accommodation to fully participate in this meeting should contact the
City Clerk’s Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certain
accommodations. An attempt will be made to grant all reasonable accommodation requests.
3
)RAFT
BY THE PLANNING AND DEVELOPMENT COMMITTEE
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the City is encouraging public art and pedestrian activity in the
downtown area; and
WHEREAS, the sculpture and the cost of engineering and placement on the
permanent site are to be donated, with no cost to the city; and
WHEREAS, on April 5, 2011, the Planning Board reviewed the location, character,
and extent of the proposal in accordance with its Act 33 Review procedures and
found that:
• The sculpture is proposed to be located near the Rivertrail, highly
accessible by foot in an area where pedestrian traffic is encouraged. It is
linked by the Rivertrail to a large number of Lansing attractions, thereby
enhancing the pedestrian orientation of the downtown.
• The sculpture is a gleaming loop, mounted on a concrete pad. A raised
walkway, accessible by a ramp, leads to the sculpture so it can be viewed
up close or at a distance. Its sleek and modern appearance complements
the new Accident Fund building across the river.
• The sculpture takes up a small niche in the park, leaving room for
pedestrian activity, and will not impede public park uses; and
WHEREAS, the Board voted unanimously (4-0) to recommend approval of Act 1-11,
to accept the donation of the Sesquicentennial Sculpture and place on the
Permanent Site as offered, with conditions regarding safety, maintenance, and
upkeep; and
WHEREAS, the Committee on Development and Planning has reviewed the report
and recommendation of the Planning Board and concurs therewith;
DRAFT
RAFT
1. The foundation for the sculpture be constructed and utilities relocated in
accordance with the engineered drawings, plans, and specifications from
C2AE, subject to:
a. A certified playground safety inspector review the plans, especially
regarding specific issues include pinch, crush, and shear points, protrusion
and entanglement points, and areas of entrapment; and
b. Final City approval of the drawings, plans, and specifications by the
City's Public Services Department.
2. Any utilities in this area be moved as needed and any existing irrigation
system be re-designed and installed.
3. Completion of the fund raising and the City's receipt of monetary and in-kind
donations sufficient to cover the entire expense of constructing the foundation
for the sculpture and placing the sculpture on the permanent site in accordance
with the terms herein.
DRAFT
RESOLUTION #2011 -
BY THE COMMITTEE ON WAYS AND MEANS
RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING
WHEREAS, the City has received $55,418 in Public Education and Government (PEG)
fees from AT&T since the inception of our franchise agreement; and
WHEREAS, on an annual basis the City projects the receipt of $48,000 from AT&T
PEG fees; and
WHEREAS, the City has determined that PEG fees from AT&T are not restricted to
capital costs and can be used for operational costs of the Office of Community Media;
An Ordinance of the City of Lansing to Amend Chapter 876, Section 5, of the Lansing
Codified Ordinances by amending the list of establishments recognized by the city as
being in operation prior to the effective date of Chapter 876
Is read a second time by its title. The Ordinance was reported from the Committee on
Public Safety and is on the order of immediate passage.
❑ ADOPTED ❑ FAILED
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1 ORDINANCE NO.
7 Section 1. That Chapter 876, Section 5 of the Codified Ordinances of the City of
10 There shall be a rebuttable presumption that any medical marihuana establishment not listed in
11 this section was not operating on the effective date of this ordinance. Medical marihuana
12 establishments recognized by the city as being in operation prior to the effective date of this
13 ordinance are:
15 (b) "Capital City Caregivers/Capital City Growers Supply" located at 2208 East
16 Michigan Avenue;
19 Avenue;
22 Avenue;
1
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1 (g) "Grand River Alternative Medicine" located at 711 East Grand River
2 Avenue;
6 HepeAvenuet
(k) "Hydroworld LLC" located at 1513 South Martin Luther King Blvd; 700
13 (p) "Victoria's Club Med A Sin" located at 1039 North Cedar Street;
14 (q) "Your Hgalth Choice LLC" located at 628 East Michigan Avenue;
15 (r) "Green Leaf Clinic" located at 900 West Holmes Road, Suite C;
16 (s) "Michigan Medical Marihuana Club" located at 3203 North East Street;
18 (u) "Green Solutions USA, LLC" located at 3115 South Pennsylvania Avenue;
20 (w) "Mid Michigan Patients Group" located at 821 East Kalamazoo Street;
21 (x) "Mid Michigan Patients Group" located at 3826 South Martin Luther King,
22 Jr. Blvd;
2
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4 L.
6 (cc) "First Choice Organic Meds" located at 3105 South Cedar Street;
7 P :
11 (hh) "Casa De Verde" located at 330 South Martin Luther King Jr. Boulevard;
12 (ii) "Nature's Bost Medicine" located at 3308 South Cedar Strcct, Suite 10a;
16 Boulevard;
17
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1 (ss) "Green Cross, LLC" located at 226 East Grand River Avenue;
11 Square;
12 (ccc) "Mr. Nice Guy R. ASSOCIATES" located at 509 East Grand River Avenue,
13 Suite C;
14 (ddd) "Rock Away Agency Inc." located at 3165 East Michigan Avenue;
15 (ccc) "Rock Away Agency Inc." located at 6120 South Cedar Street;
16 (fff) "Green Harvest Releaf Clinic LLC" (aka "Green Harvest") DBA RELEAF
19 (hhh) "Michigan For The Future Inc" located at 915 N Washington Avcnuc;
20 (iii) "Great Lakes Super Medical Marijuana Services" located at 5812 D South
21 Cedar Street;
4
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APRIL 14, 2011
1 (p) "FIRST CLASS FLIGHT" LOCATED AT 4215 NORTH GRAND RIVER AVENUE;
2
3 (q) "GRAND RIVER ALTERNATIVE MEDICINE" LOCATED AT 711 EAST GRAND
4 RIVER AVENUE;
5
6 .rl "GREAT LAKES SUPERIOR MEDICAL MARIJUANA SERVICES" LOCATED AT
7 5812-D SOUTH CEDAR STREET;
8
9 "GREEN CROSS COMPASSION CLUB" LOCATED AT 2019 EAST MICHIGAN
10 AVENUE;
11
12 "GREEN LEAF CLINIC" LOCATED AT 900 WEST HOLMES ROAD, SUITE C;
13
14 (u) "GREEN SOLUTIONS USA, LLC" LOCATED AT 3145 SOUTH PENNSYLVANIA
15 AVENUE;
16
17 fyl "G & S CONCEPTS" LOCATED AT 117 EAST KALAMAZOO STREET;
18
19 (w) "HELPING HANDS IMPORIAM LLC" LOCATED AT 4100 SOUTH CEDAR
20 STREET;
21
22 "HOMEMADE HYDROPONICS LLC/ QUALITY ALTERNATIVE MEDICINE"
23 LOCATED AT 930 EAST MT. HOPE AVENUE;
24
25 (y) "HYDROWORLD LLC" LOCATED AT 4513 SOUTH MARTIN LUTHER KING
26 BLVD, 700 WEST BARNES AVENUE, AND 407 EAST GRAND RIVER AVENUE;
27
28 "KGB DISTRIBUTORS" LOCATED AT 1122 WEST HOLMES ROAD, SUITE 8;
29
30 (aa) "KUSHION COMMUNITY COMPASSION CENTER" LOCATED AT 605 EAST
31 MICHIGAN AVENUE;
32
33 (bb) "L.B. MARY JANE" LOCATED AT 3711 WEST JOLLY ROAD;
34
35 (cc) "MARY JANE'S COMPASSION CLUB" LOCATED AT 917 WEST HOLMES
36 ROAD;
37
38 (dd) "MID-MICHIGAN PATIENTS GROUP" LOCATED AT 821 EAST KALAMAZOO
39 STREET, SUITE D2;
40
41 (ee) "MID-MICHIGAN PATIENTS GROUP" LOCATED AT 3826 SOUTH MARTIN
42 LUTHER KING, JR. BLVD;
43
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35 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof
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1 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given
Approved as to form:
City Attorney
Dated:
8
9
10
11
12
13
14
15
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Chris Swope
Lansing City Clerk
The attached Request for Recognition of Non-Profit Status in the City of Lansing has
been submitted to the City Clerk's Office, and is being forwarded for your consideration
and appropriate action:
Sincerely,
WHEREAS, the City Attorney has reported that, based on a review of the
documentation submitted, the applicant qualifies as a Local Nonprofit Organization;
Dear Sir/Madam:
The Native Nations Foundation. a nonprofit corporation based in L,at)sing. is applying for a charitable
e come through the state of Michigan. A iequilohreilt Oi ohtiitmonj flats iiecnse is for the
or, zation to be rest ,tti ed by the governing body tt here the organization is based. The proposed
ral till take place or} June I t ` 201 l Tlie iolioti ing, dtunirneilts are enclosed for your consideration:
1., Lansing City Council FZesoiution taint: Necessary for Charitable gaming raffle application
2. Letter from IRS: ztaYiti ' ati.r c Nation Foundation is classified 501(c)(3)
Thank you for your attention to this resolution. Should you have and- questions, please f e i tiee to oniact
. me.
Sincerely,
Richard D. McLellan
Attorney at t
201 To4wnseurl Sire t suit; 9+)
Lansing, Ml 45933
P:517;374.9111
Ft 517.374.9191
rdenc1ellan{%)co nrrias1 tat
jtIbHiGaN Charitable Gamipg Division
Bunn:S,.Lansing, MI 41390i1
OVERNIGHT DELIVERY:
-_.'y 's1t S HilI5daie ; Lansing MI 43939
t51)as,STSO
1„yrrERy} ` S'bC1} gan,govit*
E ribs
At a , meeting of the
IIx SPCi::^ TOW NSHIP CITY , OR VII.t.ACS COUNCIL."ni7PRD
called to•order by on
COuNTY NAME
nonprofit organization operating in the community for the purpose of obtaining charitable
APPROVAL DISAPPROVAL
Yeas: Yeas:
Nays' Nays: .
Absent Absent:
I hereby certify that the foregoing is a-true and complete copy of a restitution offered and
adopted by the at a
pCVY I %il-, CD Y . 011 V ILIA GS CRtiNtILIEDERD REGULA R OR &N .- L
meeting held on
SIGNED:
TOWNSHIP Cls L..l_MCE IDLER
ADDRESS
01 .
.. ( dA Nal A lcya' batibh..j .
tY ,y f .CGPOS3(RC409)
BYLAWS . ' .
ARTICLE I
OFFICES
Section 2Registered Office. Theregistered office of the corporation may the same
as the principal o3ceof the corporation, temyev en must located in the State fMichigan,
and be the business of the registered agent,
. .
as required by
.. .. .
thMichigan . woe
Corporation t :«. »
Section /Other Business ±+c. The i\mm may have business offices at such
other aseither within or without the State of Michigan, as the Board Directors may
detemline or as the affairs of the corporation may require from time to time.
ARTICLE II
h6lbew me r «
ARTICLE DI
OARD OF DIRECTORS
Section 2. Number. There shall be not less than one Director on the Board.
Section ±Tenure. Each Director shall hold office kctterm for which the Director is
ta+$unsthe Director's successor is elected or appointed and qualified, or until
removal.
Section 15. compensation. Directors will not receive any stated salaries for their
services, but by resolution of the Board of Directors, the Directors may be paid their expenses of
attendance, if any, at each regular or special meeting of the Board. Nothing herein contained will be
construed to preclude any Director from serving the corporation in any other capacity and receiving
compensation therefor:
Section 2. Standing _Committees. The Board of Directors may designate one or more
standing committees, each committee consisting of one or more Director. The Board may also
designate one or more Directors as alternate committee members, who may replace an absent or
disqualified member at a committee meeting. If a committee member is absent or disqualified from
voting, then members present at a meeting who are not disqualified. from voting may, whether or not
they constitute a quorum, unario rusI; appoint another director to act at the committee meeting in
place of the absent or disqualified member. All committees designated by the Board of Directors
shall serve at the Board's pleasure.
A committee designated bye the Board of Directors may exercise any of the Board's
powers in managing the corporation's business and affairs, to the extent provided by Board
resolution. However, no committee shall have the power to:
Via} amend the Articles of lncornoration;
(b; adopt : agreement of nierge c; consolidation;
Section f. President. The President shall preside at all Board: of Directors meetings.
The President shall have power to perform duties as may be assigned the President by the Board of
Directors. In case the Executive Director is absent or finable to perform his or her duties, the
President shall perform the Executive Director's duties until the Board directs otherwise. The
President shall perform all duties incident to the office.
Section 7. VicePresident. A Vice President shall have power to perform duties as may
be assigned to the Vice President by Board of Directors; In case the President is absent or unable to
'reticent his or her duties, the Vice president shall perform the President's duties until the Board
directs otherwise. The Vice President shall perform all duties incident to the office,
Section S. Secretary The Secretary shall keep minutes of Board of Directors meetings.
The Secretary is responsible fo- providing notice to directors a required by law, the A rticles . of.
Incozporation, or by these bylaws. The Secretary shall be the custodian of corporate records and shall
keep a register of the names and addresses of each officer and Director. The Secretary shall perform
all duties incident to the office and other duties assigned by the Executive Director or. the Board of
Directors.
lection 9. Treasurer.'TheTreasurer shall have charge and custody ov<er corporate funds
and securities and shall beep emulate books and records of corporate receipts and disbursements.
The Treasurer shall also deposit all moneys and securities received by the co poration in the
corporations name at such depositories as may be designated by the Board of Directors. The
Treasurer shall perform all duties incident to the office and other duties assigned by the Executive
Director or the Board o f Directors_
Section 1. ;Contracts. The Board of Directors may authorize any officer or officers,
agent or agents, to enter into any contract, to execute and deliver any instrument, or to acknowledge
any instrument required by law to be acknowledged in the name of and on behalf of the corporation.
Such authority may he general or confined to specific instances but the appointment, of any person
notwithstanding the presence of such Director or Directors at the meeting of the Board of Directors
of the corporation which acts upon, or in reference to, such contract or transaction, and
notwithstanding the Director or Directors participation in such action, if the fact of such interest shall
be disclosed or laiowrr to the Board of Directors and the Board of Directors; shall, nevertheless,
authorize, approve and ratify such contract or transaction by a vote of a majority of the Directors
present, such interested Director or Directors to be counted in determining whether a quorum is
present, but not to be counted as voting upon the matter or in calculating the majority of such
quorum necessary to carry such vote. This Section shall not be construed to invalidate any contract
or other transaction which would otherwise be valid under the common and statutory law applicable
thereto.
Section 1. Non-Derivative Actions. Subject to all of the other provisions of this Article,
the corporation shall indemnify any person tt ho vas c r. is a party or is threatened to be made a party
to any threatened, pending or con°ipletod action, suit or proceeding, whether civil, criminal,
administrative, or investigative and whether format or informal (other than an action by or in the
right of the corporation) by reason of the fact that the person is or was a director or officer of the
corporation, or is or was serving at the request of the corporation as a director, officer, partner,
trustee or employee, or agent of another foreign or domestic corporation, partnership, joint venture,
trust or other enterprise, whether for profit or not for profit, against expenses (including attorneys'
fees), judgments, penalties, fines; and amounts paid is settlcment actually and reasonably incurred by
him or her in connection with. suc h action, suit or proote'dtng if the person acted in good faithl and in
a manner the persot reasonably haven to be in or not opposed to die beat iziterests of the
corporation, and with respect to arty criminal action of proceeding, if the person had no reasonable
cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding
by judgment, order, settlement, conviction, or upon a plea of noio contenders or its equivalent, shall
not, of itself, create a presumption that the person did not act in good faith and in a manner which the
person reasonably= behoved to be In or not apposed to the best interests of the corporation, and, with
respect to an}`,irinrsai action or p t c,,,e - nor had reasonable cause to believe that his or her conduct
Section 2. Derivative Actions, Subj ect to all of the provisions of this Article,
corporation shall indemnify any person who was or is a party to or is threatened to be made a party to
any threatened, pending or completed action or suit'by or in the right of the corporation to procure a
judgment in its favor by reason of the fact that the person is or was director or officer of the
corporation, or is or was serving at the request of the corporation as a director, officer, partner,
trustee, employee, at agent o z?noon' foreign or domestic corporation partnership, joint venture,
trust or other ante ox-lee ho Ucr for 'o P or L'n again, expellseS(including r:s:sonable attorneys '
fees) and amounts paid in settlement Ingo i. c op/ tin-. poison in connection with suet: action or suit if
the person acted in good faith and in a nraane: the person roasonably believed to bean ornot opposed
to the best interests of the corporation. Houstevcr, indemnification shall not be made for any claim,
issue or matter in which such person has been found liable to the corporation unless and only to the
extent that the coun in which such action or suit was brought has determined upon
indemnify the person for the portion of the expenses, judgments, penalties, fines, or amounts paid in
settlement for which the person is entitled to be indemnified.
non Funnel- Directors and officers. The indemnification provided in this Article
Conti. u; . as t0 a t ereon who has ceased o he. a director or officio cad shall inure to the benefit of the
heirs, executors and aaanistrators of such person_
Scctior: l2. Insurance. The corporation may purchase and maintain insurance on behalf
fany person who is or was a director, officer, employee or agent of the corporation, or is or was
serving at the request of the corporation as a director, officer employee or agent of another
corpor:tion, partnership, joint venture, trvst or other entcrpnse against any liabibty asserted against
}in> and incurred o hire in an; such capacity or arising out of is status as such, whether or not the
corporation iti ou have power to rode, .sifv him against such liability under this : trticle or the laws
of the State of Michigan:
Section 11. Changes in Michi ganLaw. In the event of any change of the Michigan
statutory provisions applicable to the cor p oration relating to the subject matter of this Article, then
the indemnification to winch any person shall be entitled hereunder shall be determined by such
changed nravisiens, but only to the extent that any such ch nge permita the corporationto provide
'Loader ,ntlemni :.cation ng s l7 t soul: provisions pennisted the corp oration to provide prior to any
such change,
Michigan Department of Labor & Eco . ( wtli
Filing Endorsement
ID NUMBER: 742588
;:Direcfar
.
m gGAN DEPARTMENT OELABOR&ECQPJOMm GROWTH
OUREAU OF COMMERCIAL SERVICES
v'ott euuttse ONLY)
«Zestat Antiele
«t-xo
:« haborporation
. . :aye t
.
M&a £!
G:& acctm Foundation (the
TTCLEEl
am f=
which the Corporation lc organized ate:
_6guty an
C <\.\^ \ \ d z 2.. 2 . .
o
develop partnerships ++>usinesses business schools, and other
G#« higher education &carrying the als of'
\
Defendhuman
h aad tights scoured by law En Native people
The Corporation la organized exclusively tor the purposes set tooth in Section
k1««>of tho Internal Revenue Cock we56ortcorresponding provision
ef any future alaitee States Internal Revenue law (the "Cade)
ARTICLE V
(R& g Committee shrill }hive the sole authority to appoint and remove withoot
cause eae#= bR2^ Beard airehQeof the Corporation. TheFthhh;h,hg G2 shall
?consist fWilliam T. Chess, PD., Rich«»MlL1 such other persons as the ;ndm$
Committee Aa designate lhis Article ay not ar eada without the consent of the
ARTICLE VI
.,. Anyaction. : aopermitted a be taken &mmeeting of the directors may be taliteh
without ameeting, without prior notice, andwithout & vote acosent 5writing, setting forth
the action &taken, @47 by all of-the directors al authorize or take the action at a
meetingwhere all eligible « ; *ese present and voted. Stich consent shall have the same
effect ffvote of the directors nd me be stated as each 5my articles or document filed a%
the State of Mieldgan.
ARIA WI
±«+ the ea of the Corporation shall Matt 05 th benefit of or he
distributable k its directors. <GoerS, aether pliYata <eClit the r 62
aauthorized k&empowered w#yredeemable compensation f sera lees rendered «as make
payments #¢t #k_6furthemaaJ the @w_=set forth in Article if ;6.tan6!
$t of attivitiee of the C9¥&kshall be fee cilsaying on of propaganda, or otherwise
a
06/2,'/, 00.i . AM
JUN G 2005 11:40 ,M FR D y KE,+ GOSSETT 517 374 9190 91517638.6437 .e!
RpCLE r»
No member o£the Board Directors of the Corporation who is a volunteer dxrector as
;term wde%the Act shall bc pemonsJ1 liable to tCorporation for monetary damages
for a bread" of the «fiduciatv duty, provided, hozi bl atiozprovision shall t
6=oms tit G+ the yb da ciacielor for ««d the following . . y \°\ 2?\
Abrio, 5w Mt. is duty Dfloyalty to the Corporation;
Acts or o c pot in eel faith or in-volve fentAnal misconduct or a
6gaq violation wlaw; ,»:
A violation osection 9 >wthe Act;
These Restated Articles +3« 9 ora+o« duly adopted 00this _ day of June, NOS
and weft duly, adopted the wearer, consent 0 e.' tors gpmt«7 p$(lithe
Act. < < . <
Me, abm^
06«2712005
Internat Revenue Service
Department of the Treasury
P. O. Box 2508
Date. August 23, 2005 Cincinnati, OH 45201
Person to Contact:
NATIVE NATIONS FOUNDATION Ms Jackson`31-07417
800 MICHIGAN NATIONAL TOWER CSR-Customer Srv, Representative
LANSING MI , 48912-1460 Toll F ree Telephone Number:
8:30.a.m, to 6:30 pen. b. 1
877-829-5500
Fax Number:
513-263-3756
F=ederal Identification Number:
38-2630246
In April 1986 we issued a determination letter that recognized your organization as exempt.
from federal income tax. Our records indicate that your organization is currently exempt
under section 501(c)(3) of the internal Revenue Code,
Our records indicate that your organization is also classified as a public charity under
section 509(a)(2) of the internal Revenue Code.
Our records indicate that contributions to your organization are deductible under section
170 of the Code, and that you are qualified to receive taxdeductible bequests, devises.
transfers or gifts under section 2055, 2106 or 2522 of the Internal Revenue Code.
If you have any:questions, .please callus at the telephone number shown in the heading o
this letter.
Sincerely,
Person to Contact
DYKEMA GOSSETT PLLC a. Blair
% CLAIRE L MCKENNA ID# - 31-07578
124 W ALLEGAN STREET SUiTE 800 Toil Free Telephone Number:
8:3Q to 5:30 p.m. ET
LANSING, Ml 48933
879 829-5500
Sax Number:
513-263-3755
Case Control Number:
2005-19369
This letter acknowledges your request for information dated July 7, 2005, concerning an exempt organization. We
apologize for the delay in answering. however the research required to answer your inquiry has not yet been
completed. We will contact you with an answer within 6D calendar days from the date of this letter. You should
refer to thecase number above if you communicate with us on this matter further.
If you have any questions, please write or telephone the person named In the heading of his letter.
Sincerely,
Chris Swope
Lansing City Clerk
The Minutes from the Meetings of the following Boards and Authorities of the City of
Lansing were placed on file in the City Clerk's Office and are attached for your information
and review.
Police and Fire Retirement System Board of Trustees March 15, 2011
If my staff or I can provide further assistance or information relative to the filing of these
minutes, please contact us at 483-4131.
Sincerely,
m
C)
The Board was called to order at 8:30 a.m.
Others: Karen E. Williams, Finance Department; Attorney Ken Lane, Clark Hill
Law Office (representing the Law Department).
It was moved by Trustee Kraus and supported by Trustee Oleson to approve the
Official Minutes of the Police and Fire Retirement System Board Meeting of
February 15, 2011 with corrections.
It was moved by Trustee Kraus and supported by Trustee Hecksel to approve the
Official Joint Minutes of the Police and Fire Retirement System Board and the
Employees Retirement System Board meeting of February 15, 2011.
Secretary's Report.
Attorney Ken Lane updated the Board regarding Ms. Ursula Finney. Ms. Finney
received an overpayment $17,846.46 because she did not report her husband's
death and continued to collect his full pension. Ms. Finney's balance was
$8,894.18. Ms. Finney entered into an agreement with the Board to repay the
monies. Attorney Lane reported that when he spoke Ms. Finney, she was
considering selling properties to make payment. Attorney Lane reviewed the
option to collect from the Estate. He provided an estimate of $10,000 to file a
claim in Probate Court to collect on the debt. Attorney Lane will contact the
Probate Court and then contact the chairperson regarding the process and the
costs for filing a claim. At that time, the Board can decide if its wishes to move
forward.
It was moved by Trustee Hecksel and supported by Trustee Kraus to approve the
following Applications for Regular Age and Service Retirement:
William M. Barnes, Police Department, 25 years of service credits, age 52, effective
March 11, 2011.
David S. Blackman, Police Department, 25 years, 1 mo. of service credits, age 48,
effective March 11, 2011.
Frank J. Medrano, Police Department, 25 years of service credits, age 46, effective
March 21, 2011.
Karen Williams reported that Case #2010-F1109 applicant is scheduled to see the
Medical Director for evaluation.
Karen Williams announced that members should have received their registration
'material for the Spring MAPERS that will be held May 1 - 3, to the City of Lansing
Retirement Office. Ms. Williams was waiting for information for hotel registration.
Karen Williams also announced that members should contact the Retirement
Office is they plan to attend the International Conference in October. Trustee
Oleson stated that his is reviewing flight information.
Attorney Ken Lane reviewed the provisions of the Police and Fire Retirement
Board's proposed policies on Ethics Code of Conduct, Record Retention and the
Investment Policy.
It was moved by Trustee Oleson and supported by Trustee Hecksel to adopt the
Police and Fire Ethics Code of Conduct Policy and that it supersedes all other
Ethics Code of Conduct Policies. This policy shall be attached to the minutes and
also filed in the policy book with the date of this motion of adoption shown thereon.
It was moved by Trustee Wood and supported by Trustee Hecksel to adopt the
Record Retention Policy and that is supersedes all other Record Retention
Polices. This policy shall be attached to the minutes and also filed in the policy
book with the date of this motion of adoption shown thereon.
The Board discussed the securities lending with Northern Trust. Mr. John Jackson
at the annual policy training viewed how securities lending operates. The Board
agreed to have Northern Trust come to the Joint Meeting in May to discuss
securities lending.
It was moved by Trustee Oleson and supported by Trustee Hecksel to adopt the
Investment Policy and that is supersedes all other Investment Policies. This policy
shall be attached to the minutes and also filed in the policy book with the date of
this motion of adoption shown thereon.
Attorney Ken Lane updated that Board regarding the derivative claim regarding
Invacare. Attorney Lane reviewed a letter sent by Milberg to Invacare giving the
company 45 days to correct their processes or face litigation.
Attorney Ken Lane also updated the Board that the City Attorney intends to move
forward with contracting with Barrack, Rodos and Racine. Trustee Oleson
expressed concern that the City Attorney can bypass the Board with Fraud
Monitoring litigation.
Attorney Ken Lane explained that City Attorney has legal authority to hire Barrack,
Rodos and Racine. However, the Board is not compelled to enter into a contract
with the firm.
Regular Meeting March 15, 2011
Council Conference Room Tuesday, 8:30 a.m.
10th Floor, City Hall
Lansing, MI Page Five
Attorney Ken Lane explained how the process for Fraud Monitoring would operate.
Once a monitoring firm brings a possible lawsuit to the Board, it will go to review
by the City Attorney's Office to determine the legal aspects of the case. Attorney
Ken Lane reviewed a proposed policy for Fraud Monitoring that would provide a
threshold in which a firm would contact the Retirement System. Attorney Lane
discussed that when a company is sue, sometimes they may file a countersuit.
Therefore, the City Attorney's Office must be involved in the process. When a
fraud monitoring firm brought proposed litigation to the Board, the City Attorney's
Office would review the case regarding the legal aspects. The case would be
brought to the Board and Asset Consulting will also review the litigation.
Trustee Hecksel inquired about the list of the pre-approved law firms and asked if
the Board is obligated to file litigation brought by Barrack, Rodos and Racine.
Attorney Ken Lane explained that the City Attorney could move forward with
litigation brought by Barrack, Rodos and Racine without Board approval.
Trustee Wood stated that she met with the City Attorney regarding the two firms
voted on by the Board. At the time, the City Attorney was not happy that Barrack,
Rodos and Bacine was not chosen and wished to add the third firm to the City
Council Resolution, and stated that the Board was under no obligation to use the
firm. The agreement was that at a later time, the City Attorney would come back
to the Board to request that Barrack, Rodos and Bacine be added.
Attorney Ken Lane stated that the Board and the City Attorney need to work
together in these cases. Attorney Lane stated that he would discuss with the City
Attorney a policy that would agreeable to the Board. The Policy would deter the
Board or the City Attorney's Office from changing law firms after an agreed
decision to litigate has been decided.
The Board expressed concern that the City Attorney did not come to the Board
regarding his decision to move forward with a third firm. The Board expressed
concern that the trustees went through a review of Fraud Monitoring Firms, held
interviews and made selection based upon the process. The Board discussed
options regarding the City Attorney's authority to make legal decisions for the
Board without their input. Board members could be liable for decisions made by
the City Attorney.
Attorney Ken Lane provided a suggestion that the City Attorney can sign the
Board's Policy on Fraud Monitoring, agreeing to its provisions.
Trustee Wood agreed that Attorney Ken Lane should draft the policy that would
have the City Attorney, the Board and Asset Consulting Group agree to litigation
before a case can move forward.
Trustee Benson inquired that does the City Attorney have the authority to
disregard the Board's decision, policy and hire Barrack, Rodos and Bacine.
Attorney Ken Lane opined that the City Attorney does have the authority to hire
Barrack, Rodos and Bacine.
It was moved by Trustee to file a lawsuit and challenge the City Attorney's Office
decision. The motion died.
Trustee Hecksel stated that the Board should wait to see if the City Attorney Office
will agree to a policy provided by the Board. Legal alternatives can be pursued at
a later date if needed.
Trustee Benson expressed concern that the City Attorney's Office can ignore the
Board's input and make decisions that affect the Board.
Attorney Ken Lane reviewed the agreement for William Blair as the new small cap
investment manager. Attorney Lane has provided modifications to the agreement
and Asset Consulting Group is reviewing the investment guidelines. Karen
Williams distributed a letter from William Blair requesting permission to use the
Police and Fire Retirement System in its marketing advertisements. The Board
agreed that William Blair could use the system after the contract has been signed.
Regular Meeting March 15, 2011
Council Conference Room Tuesday, 8:30 a.m.
10th Floor, City Hall
Lansing, MI Page Seven
Karen Williams distributed a memo from Asset Consulting Group regarding ING
Real Estate Investment Manager and a letter from ING Clarion. ING has recently
announced the sale of its real estate business and entered an agreement to move
its real estate division to a new company Lightyear Capital LLC.
It was moved by Trustee Hecksel and supported by Trustee Wood to give Asset
Consulting Group approval to begin the search for a manager to replace ING
Clarion Real Estate Investment Manager.
Karen Williams reported that the Duty Disability income verification letters were
mailed to retirees. Their verifications are due April 30, 2011. Ms. Williams
explained that duty disability retirees are required by Ordinance to report their
outside income to the Retirement Board. There were two conversions to age and
service retirement: Marie Wolfe and Teresa Ryder.
Trustee St. Aubin requested a list of duty disability retirees that are eligible for re-
evaluation by the Medical Director. The disability subcommittee will review the list
a next month's meeting.
Trustee Oleson inquired regarding the process to select duty disability retirees for
re-evaluation. The selection of duty disability re-evaluation is at the discretion of
the subcommittee based on the Board's policy.
Trustee St. Aubin discussed a detective from the Lansing Police Department that
is required by the Ordinance to leave at age 60. The officer was concerned about
not receiving his full 25 years of service.
Attorney Ken Lane opined that he has reviewed the issue and Ordinance Section
249.02(j) is a compulsory separation from service. The Board does not have
authority to extend service for Police Members. The detective does have the
option to purchase the months needed to achieve his full 25 years of service. The
provision is not unique to the City of Lansing. Most governments, municipalities
and federal laws have a mandatory age for separation from service for public
safety personnel.
Trustee St. Aubin added to items to the agenda, item g. Actuary request and item
h. HB 4214 and HB 4135.
Trustee St. Aubin asked legal counsel to speak on the state legislation.
Attorney Ken Lane explained that HB 4135 was only applicable to municipalities
over 500,000. The legislation would remove union involvement in the election of
trustees to pension boards.
Trustee St. Aubin discussed the reduced size of workforce and how it would
impact the retirement system in the future. Trustee St. Aubin requested a motion
for the Board to commission its own independent actuarial evaluation.
Trustee Hecksel stated that he would gather information from the Fire Department.
Trustee Wood inquired regarding the time frame.
Trustee St. Aubin stated his intention was to have several scenarios based on the
information provided to the actuary.
Trustee Oleson requested information regarding if the actuary would be done for
increased contributions also. Trustee Oleson believed that this was a separate
issue. He stated that an actuary evaluation on contributions has been done by the
union and the administration.
Trustee Kraus stated that the Board should have its own actuary numbers to
review, sooner than later.
Trustee Oleson expressed concern how much the evaluations would cost the
system.
Trustee Wood stated that money has been set aside to look at things in which the
Board would like to be proactive, and pay for things like education, pension
software.
Trustee Oleson requested that he would like to see the numbers, the scenarios
are selected and the proposed costs of the evaluations before the request to the
actuary is made.
Karen Williams announced that Trustee Kraus worked with Spartan Internet had
redesigned the website and it is on the City website. Karen Williams will update
the information.
Regular Meeting March 15, 2011
Council Conference Room Tuesday, 8:30 am.
10th Floor, City Hall
Lansing, MI Page Nine
Karen Williams also reported that the Proposals (RFPs) were received from the
Software companies. The proposals were referred to the Subcommittee on
Special Projects.
WHEREAS, The City of Lansing Police and Fire Retirement Board of Trustees are very
pleased to present this special commendation and admiration to Kenneth P. Lane,
Attorney at Law with Clark Hill, PLC. Mr. Lane has served as legal counsel to the Police
and Fire Board, representing the City Attorney's Office since October 2008. He has
brought to this position a truly impressive chronicle of experience and service; and
WHEREAS, Mr. Lane is well-regarded for his professionalism and courteous service. He
is very responsive and knowledgeable about all aspects of the City of Lansing Retirement
System. Mr. Lane continues to increase his acumen through training with the Michigan
Association of Public Employees System and attending due diligence meetings; and
WHEREAS, In addition to attending Board meetings, Mr. Lane provides orientation for
new trustees, reviews contracts, drafts policies, and responds to all legal issues. Mr.
Lane has also distinguished himself in assisting the Board in its successful search and
acquisition of Fraud Monitoring firms. He is always on-time, well-organized and offers
insightful suggestions to enhance Board activities and trustee decisions; and
NOW, THERFORE, BE IT RESOLVED that the City of Lansing Police and Fire
Retirement System Board hereby confers this tribute resolution to Kenneth Lane as
evidence of the Board Trustee's sincere esteem for his accomplishments. His exemplary
work and significant achievements on behalf of the Board are indeed worthy of the utmost
praise and respect.
Karen Williams distributed and reviewed the Investment and Securities Lending
reports for month ending February 28, 2011.
Trustee Wood asked the memo from Clark Hill regarding SAS 70 be forwarded to
City Council and filed with the City Clerk's Office and attached to the external
audit.
It was moved by Trustee Wood and supported by Trustee Kraus to adopt the
Police and Fire Retirement System Board of Trustees Statement on Auditing
Standards No. 70 ("SAS No. 70) Report Policy and that is supersedes all other
Investment Policies. This policy shall be attached to the minutes and also filed in
the policy book with the date of this motion of adoption shown thereon.
It was moved by Trustee Hecksel and supported by Trustee Oleson to adjourn the
meeting.
Minutes approved on
DATE: April 14
The attached correspondence is forwarded for your review and appropriate action.
VB/rh
Attachment
Inter-Departmental
Memorandum
Subject: CITY COUNCIL AGENDA ITEM - SLU-1-2011, 300 Frandor Avenue, Cell Tower
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
Resolved by the City Council of the City of Lansing that a public hearing be set for Monday,
May 23, 2011, at 7 p.m. in City Council Chambers, Tenth Floor, Lansing City Hall, 124 West
Michigan Avenue, Lansing, Michigan, for the purpose of approving and/or opposing the
Ordinance for rezoning:
Inter-Departmental
Memorandum
Subject: CITY COUNCIL AGENDA ITEM - SLU-1-2011, 300 Frandor Avenue, Cell Tower
Please forward this resolution to City Council for placement on the Agenda.
If you have any questions, or need additional information, please give me a call.
Attachments
SLU-1-2011
300 N. Frandor Avenue
Wireless Communication Tower in the "F" Commercial District
WHEREAS, the applicant, Crown Castle USA, has requested a Special Land Use permit (SLU-
1-2011) to construct a wireless communication tower at 300 N. Frandor Avenue, and has
provided all information required by Section 1298.07 of Ordinance No. 1138; and
WHEREAS, the property is zoned "F" Commercial District where wireless communication
towers are permitted subject to obtaining a special land use permit; and
WHEREAS, a review was completed by staff evaluating the character, location and impact this
proposal would have on the surrounding area and the impact on the environment, utilities,
services and compliance with the Zoning Code and objectives of the Comprehensive Plan; and
WHEREAS, the Planning Board held a public hearing on April 5, 2011, at which time the
applicant's representative spoke in favor of the request and no other comments were received;
and
WHEREAS, the Planning Board (based upon testimony, evidence and the staff report) at its
April 5, 2011 meeting, voted unanimously (4-0) to recommend approval of SLU-1-2011 to permit
a wireless communication tower at 300 N. Frandor Avenue, with certain conditions; and
WHEREAS, the City Council held a public hearing regarding SLU-1-2011 on May 23, 2011; and
WHEREAS, the Committee on Development and Planning has reviewed the report and
recommendation of the Planning Board and concurs therewith; and
WHEREAS, the applicant is proposing a setback of 60 feet from the north property line, 23 feet
from the west property line, a separation distance of 1,045 feet between the proposed tower and
the existing tower 500 foot high guyed tower to the west and a separation distance of 1,225 feet
between the proposed tower and the 105 foot high monopole tower to the northwest; and
WHEREAS, the Lansing City Council hereby determines that the goals of the wireless
communication tower ordinance can be met by allowing the reduced setbacks and separation
distances;
2. The tower shall not interfere with telemetry communications of local hospitals and
emergency services.
3. The tower shall have a setback of 60 feet from the north property line, 23 feet
from the west property line, a separation distance of 1,045 feet between the
proposed tower and the existing tower 500 foot high guyed tower to the west and
a separation distance of 1,225 feet between the proposed tower and the 105 foot
high monopole tower to the northwest; and
BE IT FURTHER RESOLVED that this Special Land Use permit shall remain in effect only so
long as the petitioner fully complies with this resolution, and if the petitioner fails to comply, the
Special Land Use permit may be terminated by City Council Resolution.
BE IT FINALLY RESOLVED that in granting this request with conditions, the City Council has
considered the factors listed in Section 1298.07(B)(2), and determines the following:
PLANNING OFFICE
316 N. CAPITOL AVE., SUITE D-1
April 6, 2011
The Lansing Planning Board, at its regular meeting held on April 5, 2011, voted (4-0) to recommend
approval of the request by Crown Castle USA for a Special Land Use permit to construct a new 199-
foot high, monopole, telecommunications tower in the northwest corner of the property at 300
Frandor Avenue. The subject property is zoned "F" Commercial, which district permits
telecommunications towers, if a Special Land Use permit is approved by the Lansing City Council.
The Planning Board held a public hearing on April 5, 2011, in accordance with all procedures
established by Ordinance No. 1138, Wireless Communications Ordinance. At the public hearing, the
applicant's representative spoke in favor of the request and no other comments were received.
The Planning Board found, based on testimony, evidence and the staff report, that the proposed
special land use is capable of meeting all of the criteria established by Section 1282.02(f)(1-9) ofthe
Zoning Ordinance for granting special land use permits. Based upon these findings, the Planning
Board recommended approval of SLU-1-2011, subject to approval of a height variance by the Board
of Zoning Appeals, with the following conditions:
1. The proposed monopole tower shall provide for a co-location of at least 4 antennas,
and
2. The tower shall not interfere with telemetry communications of local hospitals and
emergency services.
The proposal does not comply with the setback requirements from the north and west property lines
Following your review of this matter, please refer it to the City Council for its
consideration.
Sincerely,
Y j
fi,'g-A-)\
William C. Rieske, Secretary
Lansing Planning Board
Attachments
SLU-1-2011 300 Frandor Avenue Facie 1
GENERAL INFORMATION
APPLICANT'S PROPOSAL:
This is a request by Crown Castle USA to construct a new 199-foot high, monopole,
telecommunications tower in the northwest corner of the property at 300 Frandor Avenue. The
subject property is zoned "F" Commercial, which district permits telecommunications towers, if a
Special Land Use permit is approved by the Lansing City Council.
SLU-1-2091 300 Frandor Avenue Page 2
AGENCY RESPONSES:
Assessing:
BWL:
Building Safety/
Code Compliance: The Building Safety Office has no objections. A building permit
will be required for construction.
Development: No comments.
Fire Marshal:
LPD:
Public Service: Our records indicate that there is a storm sewer in the vicinity of
the proposed tower (see attached drawing). The ownership and
exact location of the sewer will need to be investigated by the
developer.
Costs to protect and/or relocate the storm sewer will be born by the
developer.
ANALYSIS
Section 1282.03(f)(1)-(9) sets forth the criteria which must be used to evaluate a Special Land
Use permit request. The criteria and evaluation are as follows.
1. Is the proposed special land use designed, constructed, operated and maintained in a
manner harmonious with the character of adjacent property and the surrounding
area?
The tower is not anticipated to have any negative impacts on the surrounding area. The base
of the tower and the compound area is well buffered by the retaining wall and the existing
trees to the north and west. The loading docks behind the building at 300 Frandor Avenue do
a fairly adequate job of buffering the compound area to the south and the area immediately to
the east is a parking lot.
SLU-1-2011 300 Frandor Avenue Page 3
The facility will be unlit and unmanned, except for occasional inspection and maintenance
activities. In addition, the monopole design of the tower ensures that it will keep a relatively
low profile. The design, construction, and operation should, therefore, be in harmony with
the character of the surrounding area.
Since the tower will be a monopole design, it will have a relatively innocuous impact on
views. The tower will be located in an area that is exclusively commercial and already
contains a great deal of visual clutter. Furthermore, the base of the tower will not even be
visible from Clippert Street or Saginaw Street.
The proposed special land use should not interfere with the enjoyment of adjacent properties.
The tower will be located in an area of the site that is relatively unused and is obscured from
view to the greatest extent possible. With regard to the height, the area already contains a
500' guyed tower, a 105 foot monopole tower, numerous billboards, tall signs and other
visual clutter. Furthermore, there are no adjoining residential neighborhoods that will be
directly impacted by the tower. Although fairly visible from the south and the east, the
tower will not interfere with the enjoyment of the surrounding commercial areas.
4. Will the proposed special land use represent an improvement to the use or character of
property under consideration and the surrounding area in general, and will the use be
in keeping with the natural environment of the lot?
While the special land use may not necessarily be construed as an improvement to the use or
character of the property or surrounding area, it does provide a benefit to the public in
general, by improving stronger cellular signals within the service area. Furthermore, the
impact on the neighboring land uses is not significant, given the proposed location of the
tower.
5. Will the proposed special land use be hazardous to adjacent property or involve uses,
activities, materials or equipment which are detrimental to the health, safety or welfare
of persons or property through the excessive production of traffic, noise, smoke, odor,
fumes or glare?
No impacts such as dust, fumes, noise, vibration, smoke, or light glare are anticipated as a
result of this proposal. With the exception of emergency lighting, there will be no lighting
on the tower or in the leased area, unless required by FAA. There will be no generators or air
conditioning units on site as the facility is served only with electric and telephone.
SLU-1-2011 300 Frandor Avenue Page 4
In addition, the proposal will not generate any hazardous conditions. Cellular towers do not
pemit harmful rays that can compromise the health, safety or welfare of human beings or
animals. Furthermore, should the tower fall, it is designed to crimp over on itself so it will
not fall on adjoining properties
6. Will the proposed special land use be adequately served by essential public facilities
and services, or is it demonstrated that the person responsible for the proposed special
land use is able to continually provide adequately for the services and facilities deemed
essential to the special land use under consideration?
The subject property is currently served by all necessary public services and utilities needed
to accommodate a telecommunications tower. No negative comments have been received
from any of the reviewing departments or agencies.
7. Will the proposed special land use place demand on public services and facilities in
excess of current capacity?
No excessive demand on public services has been noted from any of the reviewing
departments or agencies.
Is the proposed8. special land use consistent with the intent and purpose of this Zoning
Code and the objectives of any currently adopted Comprehensive Plan?
The site is zoned "F" Commercial and the Comprehensive Plan designates the entire site for
commercial use. Telecommunication towers are permitted as a special land use in all zoning
districts, if the criteria established in the ordinance can be met.
The use is consistent with the general setback requirements of the Zoning Code. The site is
zoned "F" Commercial which has a height limitation of 40 feet. The applicant has applied
to the Board of Zoning Appeals for a variance to permit a height of 199 feet for the tower.
This case will be considered at the April 14, 2011 BZA meeting.
OTHER
Several years ago, when cell phone towers were first being constructed in. the City, the Planning
Board and BZA, as a matter of policy, developed a list of conditions for all towers in the City. What
follows are the conditions and how they relate to this specific request.
There are no existing telecommunication towers to co-locate on. in the area. The proposed
tower is designed to handle at least three additional cellular carriers.
This should be a condition of approval, even though there are no hospitals, medical facilities
or emergency service agencies located near the site.
Landscaping be
4. added around the base of the tower to buffer the view of the base from
surrounding properties.
The area of the site where the tower is proposed to be located is substantially lower than the
street (Clippert). In addition, there is a row of trees along the west side of the site. The base
of the tower is therefore, adequately screened from view of the street and from the properties
to the north.
The tower/compound area will be accessed via the existing parking lot. The tower and the
compound area for the mechanical equipment will be surrounded by an 8 foot high chain-link
fence. The fence detail is shown on page C-4 of the site plan documents. Since the fence is
over 6 feet in height, a building permit is required prior to its installation.
The tower
6. and any mechanical equipment shed be consolidated and placed in locations
as far away from surrounding residential units so as to minimize the visual impact.
The new ordinance governing cell phone towers requires the following setbacks, based upon the
adjoining land uses:
Required Proposed
North: 149.25 feet 60 feet +/-
South: 149.25 feet 1300 feet +/-
East: 149.25 feet 900 feet +/-
West: 149.25 feet 23 feet +/-
SLU-1-2011 300 Frandor Avenue Page 6
The new ordinance also requires a 1,500 foot separation distance between towers. There is a 500
foot high guyed tower located 1,045 feet to the west In addition, there is a 105 foot high monopole
tower located 1,225 to the northwest.
Although the applicant's proposal does not comply with the setback or separation distance
requirements, the tower is proposed to be located in the best possible location on the property. The
ordinance provides for an exception to these standards when the intent of the ordinance is met. This
exception can only be granted by the City Council.
The intent of the ordinance is to encourage fewer towers by permitting the types of towers that can
accommodate antenna co-locations. The other goal of the ordinance is to ensure that towers have a
minimal impact on adjoining uses. In this case, the proposed tower will be able to accommodate at
least 4 co-locations and will be located in the most inconspicuous area of the site. Based upon these
factors, staff recommends that Council grant the necessary exception to allow the tower in its
proposed location.
The proposal complies with all other requirements of the Wireless Communications Tower
ordinance.
SUMMARY
This is a request by Crown Castle USA to construct a new 199-foot high, monopole,
telecommunications tower in the northwest corner of the property at 300 Frandor Avenue. The
subject property is zoned "F" Commercial, which district permits telecommunications towers, if a
Special Land Use permit is approved by the Lansing City Council.
No impacts of any significance were identified with respect to traffic, public facilities, or the
environment. Furthermore, the proposed tower is consistent with the dimensional requirements-of
the Zoning Code, with the exception of the 40 foot height limit within the "F" Commercial district.
The Board of Zoning Appeals will consider the requested height variance at its April 14, 2011
meeting.
The proposal does not comply with the setback requirements from the north and west property lines
or the separation distance requirements between towers. Staff is recommending that Council
approve the reduced setbacks and the separation distances based on a finding that the proposed
location is consistent with the intent and purpose of the ordinance as described above.
The proposal complies with all of the criteria of Section 1282.03(f)(l)-(9) of the Zoning Code for
evaluating Special Land. Use permits.
SLU-1-2011 300 Frandor Avenue Facie 7
1. The proposed Special Land Use will be harmonious with the character of adjacent properties
and surrounding uses.
2. The proposed Special Land. Use will not change the essential character of the surrounding
properties.
3. The proposed Special Land Use will not interfere with the general enjoyment of adjacent
properties.
4. The proposed Special Land Use does represent an improvement to the lot as it currently
exists.
5. The proposed Special Land Use will not be hazardous to adjacent properties.
6. The proposed Special Land Use can be adequately served by public services and utilities.
7. The proposed Special Land Use will not place any demand on public services and facilities in
excess of current capacities.
8. The proposed Special Land Use is consistent with the designations of the Zoning Code and
the Northeast Area Comprehensive Plans.
9. The proposed Special Land Use will comply with the dimensional requirements of the
Zoning Ordinance.
RECOMMENDATION
Staff recommends approval of SLU-1-2011, a special land use permit to allow a 199' high,
telecommunications tower at 300 Frandor Avenue, as depicted on the site plan dated 9/27/10 and
revised on 2/4/11, based upon the findings of fact as outlined in this staff report, subject to approval
of the height variance by the Board of Zoning Appeals and with the following conditions:
1. The proposed monopole tower shall provide for a co-location of at least 4 antennas,
and
2. The tower shall not interfere with telemetry communications of local hospitals and
emergency services.
Respectfully Submitted,
Susan Stachowiak
Zoning Administrator
Crown Castle Tel: (317) 843 .2100
3077 E. 98th St - Suite 230 Fax: (317) 843-20I 1
Indianapolis, IN 46280 www.crowncastle.com
March 6, 2011
Susan Stachowiak
Zoning Administrator
City of Lansing - Planning Office
316 N. Capitol Ave., Suite D-1
Lansing, MI 48933
Please accept this letter as statement that the proposed telecommunications tower for the Lansing
Retail Center located at 300 Frandor Avenue in Lansing, Michigan will be designed to accommodate four
(4) total carriers for the purposes of collocation.
if you have any questions or need anything further, please feel free to contact me at the number below.
Bryan D. 1uetper
Project Manager
Crown Castle, LLC
3077 East 98 th Street
Indianapolis, IN 46280
(317) 249-2060 phone
(724) 416-6112 fax
I, D1m, Loin ,
a Notary Public in and for said County in said
State, do hereby certify that 3Y 'n 10ii9&IZ. , who is known to me,
personally appeared, and being informed of the. contents of this statement he/she, executed the same
voluntarily on the day the same bears date.
[ NOTARIAL SEAL j
Notary Public
DONA LAMS
Notary Public- Seat
State of Indiana ha
My.Commisslon Expires Feb•3, 2013
Print Name:
March 7, 2011
Susan Stachowiak
Zoning Administrator
City of Lansing - Planning Office
316 N. Capitol Ave., Suite D-1
Lansing, MI 48933
Re: Description of Suitability for Lansing Retail Center and Description of Feasible Locations
There are 2 existing towers located within 1500' of the proposed tower location of 300 Fandor Avenue
as shown on Sheet Z 2 of the drawings submitted with the application.
The 500' guyed tower located almost due west of the proposed site is currently over-stressed as it
stands today. Additional loading of this tower will only worsen its condition beyond what would be
physically feasible to address with modification.
The 105' monopole located north of the proposed site is constrained by limitations of ground space for
the site. This monopole is also 90' shorter than the application for the proposed site on Fandor Avenue.
To provide adequate coverage for the carriers in this area, the additional height of the proposed tower
is needed.
Below, please find a list of all of our sites located within Ingham County. This list outlines all of the
feasible locations that we have for future antenna locations.
Zip
Site ID Address City County State Code Latitude Longitude
871784 3656 Van Atta Rd. LANSING INGHAM MI 48912 42.6886 -84.3754
871282 3414 Aurelius Rd LANSING INGHAM MI 48910 42.6965 -84.5256
872094 2820E Saginaw St LANSING INGHAM MI 48912 42.74 -84.512
817740 162 E. Grand River Williamston Ingham MI 48895 42.7049 -84.3572
817756 549 Linn Road Williamston Ingham MI 48895 42.6738 -84.3405
817724 2127 Lake Lansing Road Lansing Ingham MI 48912 42.7625 -84.5205
817685 1277 South Meridian Road Mason Ingham MI 48854 42.5486 -84.3556
817678 3246 W. Holt Road Mason Ingham MI 48854 42.6453 -84.4732
817659 1049 South Dietz Webberville Ingham MI 48892 42.5543 -84,2194
817696 5116 South M-106 Stockbridge Ingham MI 49285 42.4375 -84.1828
817708 1709 Thompson Street Lansing Ingham MI 48906 42.754 -84.5476
817654 1275 South Williamston Dansville Ingham MI •48819 42.5492 -84.3019
r° 51424 •••
CROWN CASTLE ENGINEERING DATE
LANDLORD DATE
LANSING RETAIL CENTER 4..,,
SITE #: 808418
DRAWING INDEX CIVIL FNRINFFR SURVEYOR PROJECT INFORMATION
LANDTECH PROFESSIONAL LANDTECH PROFESSIONAL
SURVEYING AND ENGINEERING SURVEYING AND ENGINEERING ECU EOFWORK:
T-1 TITLE SHEET 1275 McGREGOR WAY 1275 McGREGOR WAY THIS FACILITY IS AN UNOCCUPIED TELECOMMUNICATIONSFACILITY CONSISTING OFA
C-1 SURVEY PLAN GRAWN, MI 49637 GRAWN, MI 49637 PROPOSED 195' MONOPOLE TOWER STRUCTURE AND CONSTRUCTION OF ANEW
P.O, BOX 193 P.O. BOX 193 FENCED COMPOUND.
C-2 ENLARGED SITE PLAN PHONE: (231) 943-0050 PHONE: (231) 943-0050
C-3 TOWER ELEVATION & DETAILS SITE ADDRESS:
300 FITANOORAVE
C-4 ICE BRIDGE, FENCE & COMPOUND DETAILS PRECOOKS TO 6ITG,
LANSING, MI 48912
PROMIecmDETROITTM 5140TOIANSERF6MGES OTAW¢DS ,1aA g9eltORTR.TOM4:EOUSBOEsT HO14ELSIX00
C-5 GENERAL NOTES GISTONMUSUawTSOFUTTOFrw+oortAVeMOOSOUIMO+Fwvaa+AVeBFa*513FEMOTFIE+GOWESC3EerEETTD TOWER OWNER:
IT ETOWERSI BEIHDJOHNFABRWSAFANFMIWGSEMIOCONCE1ERETAKINGWALL
Z-1 RESIDENTIAL ZONING SEPARATION MAP CROWN CASTLE USA
TOWER SEPARATION & FLOOD PLAIN MAP z, -,-- ^^ - - 2000 CORPORATE DRIVE
Z-2 p. CANNONSBURG, PA 15317
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LONGITUDE: 84° 30' 29.00'W
z GROUND ELEVATION: 841' AMSL (NAND 88)
SITE QUALIFICATION PARTICIPANTS
PTCSP9CI $1 4 l
-s 3 3 PARCEL NUMBER (TAX IDA: 31 /9 1 ■`
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MENDS MAWIZ 30DFPAADORAVE ADJACENT ZONING: FROND 331
FIN LANNIIW wool) NORTH: FCOMMERCIAL REAR: 1352'
SOUTH: F COMMEDCAL WOES: 70'WI012'E
PARENT PARCEL LEGAL DESCRIPTION (AS PROVIDED) EAST: F COMMERCIAL ABNW.TPAWDIO
WEST: F COMMERCIAL
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MOUSSES LENE =MAWS 3A221PWREFFET W YENACUFE
CROWN CASTLE ACCESS EASEMENT DESCRIPTION
AMENTY POI FOOT WOE EASEMENT FORMMEOB AND EGRESS OVER MO
ACROSS ALLTHAT PART OF THE NORTHEAST /M OF SECTION M, TAN, WW,CRY OF
CAIRNS IRO WA COUNTY, MCISSAN HAWNGA CENIFAMNE DESCREEDAS
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CP III'WESTALONDTHEATRRIUNEOF ONDSECTDNA DISTANCE OF !0888
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RONT OF WAY UHE OF E MONMW STRUT I WOAW IHE POINT OFBEONMIE
THENCE CONTINUE SOUTH DI'AESC WEST ALOAD SAO LINEA DISTANCE OF 41IR ASFtPLT PARSING
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113381' WEST AOoTANCE OF 51.8 FEET; THENCE NOSTHbe'MTP WESTA
WINCE OF 1AW FEET:T/ENCENOIIH 7WUZ31'WEST A DISTANCE OF WIDFEET
10TE POINT OF EMNNA. THE DOEUNEB CFSND EANENENTARE IENGTIEIED NOW= PAWING
ANSOR SHCRTEMDTDDEONATTNE SOON FIGHT OF WAYUNE OF E. SEINOW
STREET/IAU AND TERM NATEAT TJE EASTERLY WEEE DEMO. DESWEED
CROWN CASTLE LEASE TEA.
CROWN CASTLE UTILITY EASEMENT DESCRIPTION CL FENTEONTOP
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CERTIFICATION: 1-w
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PROPOSED W TEI000 IIGTAIIATOiNUT1ATWH8 MAP U ATRE
REPRESENTATION OF THE DIONDEO FEATURES OATTE
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SURVEY PLAN rasa.
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DEAnESS OASIS DEED DESCRIPTION PER LEER 25TA PAGE35 s
SHEET C-1
LANSING RETAIL CENTER
LANOTECH C ROWN
CCI # 808418
02/04/N ZONES N TEED SEPIRATSW MAPS ADDED G1u MM (O1 SURVEY PLAN
PROFESSIONAL SURVETHG & ENGINEERING 0 09/27/10 PRFMMIO,RT OUNWCS OW MM MM
MFON RJL•VA•TN NGPA WIJIN1104040-0N CCASTLE
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CCI # 808418 0E/a/+1 INNING a TOWER SEPARATION RAPS ADOM DUI uu TOWER ELEVATION & DETAILS
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www.OnnNNpA00o wnun27on.000 SCALE As SHOWN DESERTS BY: MM DRAWN N, DAM
INSTALL DRIP LOOP ON ANTENNA
CABLES AT BOTTOM OF
TOWER/MONOPOLE BENDING CUT POST LENGTH TO SUIT BY
RADIUS PER MANUFACTURER'S REMOVING UNCAPPED END
STANDARDS
• [BECHTEL PN WB4000I 0R EQUIVALENT]
12" WIDE ICE BRIDGE .
CUT ICE BRIDGE CHANNEL
LENGTH TO SUIT (SEE NOTES)
:112 T/!.
MAWCUT&REMOVEEMS INGASPHALT Top Rai
.•I'•. SEESOEPIAN FORDIMBSIOtl
NOTED
1.WHEN LONG COMPONENTS AS SHOWN N STANDMDDETALS. MAXIMUM ALLOWABIEBRIDGE SPAN BETWEEN SUPPORTS ONA
TIALL BE BESET FCR
C07JI1NUOU951NOLE SECfICN Of BRDl1E CHANNEL SHALL OR 10
IO FEET BRIDGE CIW11EL ... .
m y>x ?•
^ E WIEN USING COMPONENTS OR DELCNG DRDGE CHANELSECTIONS.TIE SPLICE ENDUE BE PROVIDED AT THE SUPPORT. IF O •`^ O a.'4'N a x'! )^' ,{5^^^`,7"y'` •S^ )\^4 x ^
POSSIBLE. OR ATAMAXIYMM OFRFEET FROM ME SUEPORT.
pm Col SpOp '{'' s A^/x?C` `j
3. WWEII IIBNO COMPONENTS. SUPPORT SHOULD SE PROVIDED AS CLOSE AS POSSIBLE TO TR ENDS OF ICE MIDGES, NINA ,^1VCCWm
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MAXIMUM CANRLNER DISTANCE OF 2 FEETFROMTHE SUFPCRT TO TEE FREE END CF THE ICE BRIDGE \ '•v^Zxxxxxx<.r.nx>.r r_x. ^Y n .x
4. CUT BUDGECHANNEL SECTIONS SHALL HAVE RAW EDGESTREATEDWRLHA MATERIAL TORESTORE -REM EDGES TO TIE 310'Mla Round Typkxl Spacing Uwe. LL
ORIGIN ALUMBEL OREOINAIENf, Fe25H . RO d W i t h T UI MU tld O 1p
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S. ICE BRIDGES MAY BE CONSTRUCTEDVATH COMPONENTS FROM OTTERMMNLFACTI RS.PRO DEDlHDMMMFACTURERS p llpl
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INSTALLATION OUDELNES ARE FOLLOWED.
End P.la CmCMe Foornp
a DEVIATIONS FROM STANDARDS FOR COAPDNEPR INSTALLATIONS ARE PERWTT®VdTNTFE RFSPECTNEWNUFACNRERS I I Gqe Pod (ryp) 6u I, 14'Wde (ryp.) I, j. 12Typ.
AM rmvAL.. TrTy/. X ^> ^1^ ^„fff
. NOTE:
7. DEVIATIONS FROM ICE BIDGEFOWDA110NS REQUIRE ENGINEERING APPROVAL FENCING EIEVATIONSARE ONLY EXAMPLES.
FOLLOW CONSTRUCTION CONTRACT. . »A
TYPICAL ICE BRIDGE DETAIL TYPICAL FENCE ELEVATION DETAIL TYPICAL SWING GATE DETAIL
NOT TO SCALE NOT TO SCALE
NOT TOSCAIE
SHEET C -4
LANSING RETAIL CENTER
LAN®TECH CROWN ICE BRIDGE , FENCE
1 02/01/11 ZONING D EVI 513MAATDN MAPS ABOE O OW MM AM
PROFESSIONAL SURVEING& ENGINEERING CCI # 808418 0 Oa/37/1a pNVNOWiY DRAWINGS DW YY NM & COMPOUND DETAILS
an^MFWaLI4TN NEPA WIi1N#IOED NS-0N CASTLE 300 FRANDOR AVENUE - fAGE RENEWS ST taE N'Pb DRAWING HUMBER
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1
SITE WORK GENERAL NOTES: CONCRETE AND REINFORCING STEEL NOTES: APPLICABLE BUILDING CODES AND STANDARDS:
1. TIE SUOCONTRACTOR SHALL CONTACT UTILITY LOCATING SERVICES MICR TOTHESTAMOF I. ALL CONCRETE WORK SHALL BE IN ACCORDANCE WRHT11EACI 301, AO 310, A.CI 306,ASTMA164, ASTMA1E5ANDTNE SUBCONTRACTORS WORK SHALL (*LAMYWM1ALL APPOCl912NA110NAL,STATE,AHD LOCAL
CONSTRUCTION. DESIGN AND CONSTRUCTION SPECIFICATION FOR CAST-IN-MCC CONCRETE COWS AS ADOPTED BY THE IAGILAUR ORIIYHAVNQ.RNISGCDON (IU) FOR 7!E LOCJLTDIL
2.ATLCONCRETESHSLL HAVEAMINIMUM COMPRESSIVE STRENGTH OF 4000 PSI AT 2e DAYS.UNLESS NOTED THENTRAC
CO ! T AWARD H
OF E AFU O ERN T E DEE lRANDARD8N OITHE D A T E
2. ALL EXISTING ACTNE SEWER. W IRER, GA E, ELECTRIC. AND OTHER WRITES MERE MU-G0VF]017HEOEStlN .
ONITiAIT MD8FNLL0
OTHERWISE
ENCOUNTERED INTHE WORN SHALL BEPROTECTEDAT ALL TIMES, AND VOIERE REQUIRED FOR
THE PROPER EXECUTION OF THE WORK. SHALL BE RELDCATFDAS DIRECTED BY COMPACTOR 3. REINFORCING STEEL SHALL CONFORM TOASTM AR$5, GRADE 6Q DEFORMED UNLESSNOSEO OTHERWISE WELDED
EXTREME CALMCN SHOULD BE USED BY THE SUBCONTRACTOR WIEN EXCAVATING OR ORIUM WIRE FABRIC SHALL CONFORM TOASTM AINSWELDED STEEL VIRE FABRIC UNLESS NOTED OTHERWISE. SPLICES SHALL pgpg p ale COnelNGtlon Coda (2008 MC)
PIERS AROUND OR IMMUNITIES. SUBCCNTRACTORSHALL PROVIDE SAFETY TRAINING FOR THE BE CLASS'S' MO ALL HOOKS SHALL BEBTANDARO.UNO.
LVORNNO CREW. THS WILL NCLLOE BLOT NOT SE UMREDTOA) FALLPROTECPON B) CONFINED
SPACE C) ELECTRICAL SNETYD)TRENCHING A EXCAVATION 4. THE FOLLOMNG MINMUM CONCRETE COVET SHIM-BE PROVIDED FOR REINFORCING STEEL UIEESS SHOWN
OTHERWISE ON DRAWINGS: NelbneleNlkd Code ( NEC 2008 ps rte 818W m4n tl man p )Wilhk lz l
3. ALL SITE WORK SHALL BE AS INDICATED ONTHE DRAVANOS AND PROJECT SPECIFICATIONS. Unde,WIReAIRA0 dwbs Approved EbddSIPmdlds
OCNCRETE CAST AGAINST EARBL S IK L6e Sealy Coda NFPA-101
4.IF NECESSARY, RUBBISH, SWIMS, DESNIS, STICKS, STONES AND OTHER REFUSE SHALL BE CONCRETE EAPOSEDTO EARTH OR WEATHER:
REMOVED FROMWE 6TIENEI DISPOSED OF LEGALLY. BUSCONIRACMRBWORK SIMLLCDMPI.YWTTHTHELATEST EDTITONOFTIEFOl1DWNG
NMANNRNO LLpARRGER _,-_- _...sIN.
B.ALLEXISTINGINACTIVE SEWER,WATER, OAS, ELECTRIC ANDOTHER AERATES,WTMCN N6AN06MPLLER6 t U21N. AMERICAN OONCRETEINBTIME(ALX)514 DUIDNO CODE REMEMBER! RJR STRUCTURAL
INTERFERE WITH THE EXECUTION OF THE WORK SHALL BE REMOVED AHGOFI GAFFED,PLUGGED CONCRETE NOT EI(POSEDTO EARTH OR WEATHER OR NOT
Oft OTHERWISE OSCONRNUED AT POIMS WHICH WIILNOT NTERT•AE WIRITHE EXECUTION OF CAST AGAINST THE GROUND. MEADNLNBMUTECFS1 WWI MANUAL OF 8TIES-CONBIRUC110H,
.CONBTRUCRON(AJO
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PANTS AND CIILUMNS 'TELECOMMUNICATIONS
STRU TEMW■ N WERANOAMELLIA [TED f9AT12F , USTRUCTURAL STANDARD FOR
6. SUBCONTRACTOR SHALL AVNINlEDISNRSMCETO EXISTING 6IIEOUWNO CON57RUCTIOK STRUL'TURAI. ANTFNLATI%Y73RAIDANTEW14 S BIl STRUCTURES
5.A CHAMFER SHALL BE PROVIDED ATAIL EXPOSED EDGES OF CONCRETE, LINO, INACCORQANCE YHIAAG 801
SUBCCNITRAMOR
FOR SITE SHALLPROAIDESITE SIGNAGEINACCORDANCE HTTHTHETECHWCN. SECTION 424. NBTTMBFORELECTRICAL ELECTRONICS EJR)NEJ3R0(BEE) gl, QUIDEFOR
GROUND SYERQJO EARTH
SPECIFICATION SITE SIGNAGE f>F9ISTIVITY. GROUND ANb CHR11R6URFAC! PORUTHLIC OF
UND IMPEDANCE. AND OFA UID Bf811A1
S. INSTALUTIQY OF CONCRETE EXPANOE ANCHOR. SHALL BE PER MANUFACIURERS
NFORLI VD MAN WRITTEN
F
RECOMMENDED PROCEDURE. THE ANCHOR BOLT. DOWEL OR ROOSHALL NOMIOMNJHALL EN 'S D.^ 1100(I WE)) PRACTICE FOR POWERING AND GROUNDING OF ELECTRONIC
D. TIE SITE SHALL BE GRADED TO CAUSE SURFACE WATER TO ROW AWAY FROM TIE B7S
EOM. MEIN AHDTOWERAREAS. RECOMMENDATION FOREMBEDMENT DEPTH GRAS SHOWNONTHEDRAWINGS. NGS.NO RELAR SHALL BE
BE CUT WITHOUT
PRIOR AFPROVAL WHENO WWNO HOLES INCORCRETE EXPANSION BOLTS SHALL BE PROWIOEO BY
RAMSETBEGIEPD OR AFPR0 EQUAL.
UAL. IEEE l g41 RECOMMENDED PRACTICES ON BURGEVO.TAGES N LOW V0.UGEAC POWER
O. NO FILL OREI.ENIKAIENTMATERIAL SHALL BE PLACED ON FROZEN GROUD.FROZEN CRCUIM(FOR LOCATIONCMEDORY'C5' ANO NIGIASYBTEII EXPOSURE')
MATERIALS. SNOW OR ICE MALL NOT BE PLACEDINANY FILL OR EMSANI04INL
11A 607 COLQIERCALBUFDNQOROIRIDSIGAND ECHOING REQUIREIOMTS
10. THE SUB GRACE SHALL BE COMPACTED AND BROUGHT TOA SMOOTH UNIFORM GRADE PRIOR
TO PNINIED SURFACEAPPUCATIOTL TElCORDIA OR-1803 OM1GAL01BLECOHW RONO
11. TIE AREAS OF THE OWNERS PROPERTY PERMED BYTNEWORKAND NIT COVERED BYTIE GENERAL NOTES: FOR ANY CONECTSBETWffi+ SECTIONS OF LISTED CODES AND SEAWARDSREoA IGPATFAw,
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CONTRACTOR- CROWN CASTLE REQUIRB,ENT,THE SFECIFlCREQUIRBB6SWILL.GOYEAN.
72. SUBCONTRACTOR SHALL MINIMIZE p5111RBANCE TO IXISTNO SRS DURING COICTRUCSOH SUBCONTRACTOR- GENERAL CONTRACTOR (CONSTRUCTION)
EROSION COTIROL MEASURES. IF REQUIRED MEMO CONSTRLC710N , SHALL BE IN OWNER- SKYWAY TOWERS
CCNFORMWICEWRH THE LOCAL GUDELNES FOR EROSION ANDSEDNENTWNTROL OEM- ORIGINAL EQUIPMENT MANUFACTURE
2. PRIOR TOTHE SUBMISSION OF BIDS, THE BINDING SUBCONTRACTOR SWLLLNDTTHE CELL SITE 70 FAMILAWZEVITR ABBREVIATIONS AND SYMBOLS
THE MUSING CORAITONSANOTO CONFIRM TWIT THE WORK CAN BE ACCOMPLISHED AS SHOWN ONTHE
CONSTRUCTION DRAWINGS. ANY DISCREPANCY FOUND SHALLBE BROUGHT TO THE ATTENTION OF CONTRACTOR
3. ALLMATERIALS PURMSHEDANO INSTALLED SIRIL BE IN STRICT ACCORDANCE WITH AIL APPLICABLE CODES, ABBREVIATIONS SYMBOLS
REGULATIONS, AND ORDINANCES. SUBCONTRACTOR SHU.L ISSUE ALL APPROPRIATE NOTCES/1ND COMPLY WITH ALL AGL ABOVE GRPDELEVEL SSG
LAWN ORDINANCES. RULES, REGULATIONS, AND LAWFUL DINERS OF ANY PUBLIC AUTHORITY REGARDING THE SOLID GROUND BUS BAIT
RFORMANCE OF THE WORK ALL WORK CARRIED OUT SHALL COMPLY WRTH ALL APUCABIE MUNICIPAL A1IUNUTT BTS BASE TRANSCEIVER STATION SOUR ryEQ(Rpy BUS BAR
COMPANY SPECIFICATIONS AND LOCAL JUWSSCTONAL CODES, ORDINANCES ANDAPPUCABLEIEOIILATIONS. (E) EXISTING
MIN MINIMUM - R R SUPPIEMEMALGROUNDCONDLICIDR
4. DRAWINGS PROVIDED HERE ARENDTTO SCALE AIM ARE INTENDED TO SHOW OUTLINE ONLY.
5. UNLESS NOTED OTHERWISE, THEWOWL SHALL INCLUDE FURNISHING MATERIALS, EQUPMENT,AFPLRTENANCES,MO N.T.& NOT TO SCALE olo MAGNETIC
STRUCTURAL STEEL NOTES: CWWITBRFMER
- LABOR NECESSARY TO COMPLETE ALL INSTALLATIONS AS INCICATED ON TFE WAVANGS. REF REFERENCE o 0
1. ALL STEEL WOW( SHALL BE PAINTED N ACCORDANCE VVITW E PROJECT SPEDIFICATIWS RF RADIO FREQUENCY SINGLE-POLE THENNJ.44AGNETIC
AND IN AC(:OPONNCEWMHASiM A36 UNLESS Ol1ER1Y1SENO7FiD. g, THE SUBCONTRACTOR SHALLINSiNt ALL EQUIPMEMAHDMATWlWSINALCOflIWA 'E WITH MANUFACTURERS CNWITSREANER
RECOMMEA9ATONS UNLESS SPECIFICALLY STATED OTHERWISE T.B.O. TO BE DETERMINED o
3. ALt WELDING SHALL BE PERFORMED USING E70XX ELECTRODES AND MELDING EIALL
CONFORM TO MSC. I4ERE FILLET WELD SIZES ARE NOT SHOW N. PROVIDE THEWNMUA SIZE 7. IF ME SPECIFIED EQUIPMENT CARNOTITE INSTALLED AS SHOWN ON THESE ORAWINGS.lHE SUBCONTRACTOR SHALL
7. IF M E ANALTE EQUIP ENTMUNONFOi APPROVAL
T.B.R TO BE RESOLVED 0 CHEMICAL ORWhIDRW
PER TABLE J2-4 IN THEAISC'MANUAL OF STEEL CONSTRUCTION: PAINTED SURFACES STALL BE STALLE ASSHOWN
BY THE CONTRACTOR. TIP TYPICAL GROUND RW
TO BORIC SEP. REQ REQUIRED
B. SUBCONTRACTOR SHALL DETERMINE ACTUAL ROUTING CF CONDUIT, POWER AND TI CABLES, GROUNDING CABLES AS DISCONNECT SWITCH
3.BOLT ED CONFECTIONS SHALBE ASTM/325 BEARING TYPE(w-l-MCONECTIDNS AJD SHALT. SHOIM4 ON THE POWER, GROUNDING ANDTELW RUIN DRAWING. FOR EQUIPMENT GROUND WINO
HAVE MINIMUM OF'RLO BOLTS UNLESS NOTED OTHEFRMSE METER
11.111E SUBCONTRACTOR SHALL PROTECT EXISTING IMPROVEMENTS, PAVEMENTS, CURBS, UNOSCARNOAND ARID AMERICAN WIRE GAUGE
4. NONSTRUCTURAL CCNIECTDNSFORSTEEL GRATING MAY USE 616'DN ASTMA 301 BOLTS STRUAIURES.ANY DAMAGED PART SHALLBE REPAIRED AT USCOITRACTORSEXPENSE TO TIE SATISFACTION OF
WEISS NOTED OTHERWISE OWNER. MOB MASTER GROUND BUS ■ CADWELD TYPE CONNECTION
6.RISTNLATION OF CONCRETE EXPANSIONMEDGE ANCHOR SHALL BE PER MANUFACRRERS 14 SUOCONRRACTORSHALLLESALLY ANDPROPERLY DISPOSE OF ALL SCRAP MATHNLLS SUCH AS COAXIAL CABLES AND EG EQUIPMENT GROUND COMPRESSION TYPE CONNECTION
WRIITEN RECOMMENDED PROCEDURE. THE ANCHOR BEET. DOWEL OR ROD SHALL CONFORM TO OTHER ITEMS REMOVED FROM THE COMING FAUS T/. ANTENNAS REMOVED SHILL BE RETURNED TO THE OWNERS
DESIGNATED LOCATION. BCW BARE COPPER WIRE ^GROUN
DINGWIRE
MANUFACTURERS RECOMMENDATION FOR EMBEDMERITDEPINORA$ERIWNONTSE
DRAWINGS. NO BURR MALL BE CUTWIIHOUT PRIOR CONTRACTOR APPROVAL WREN GRILLING SAD MARE INTEGRATEDACOESS DEVICE
HOLES IN CONCRETE. SPECIAL INSPECTIONS, REQUIRED BY GOVERNING WOESASH IL BE 11. SLGCONMACTOR SHALL LEAVE PREMISES IN CLEAN CONDITION.
PERFORMED IN ORDER TO MAINTAIN MANUFACTURERSMMNABMAILOWASCE LOADS GEN GENERATOR
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1. AU- ELECIRICALWORK SMI BE PERFORMED IN ACCORDANCE NADI THE PROJECTSPEGFICATWNS, NECANOALL 23. EQUIPMENT CABINET%TERMINAL BOXES, JUNCTION BOXES,Atk'I PULL BOXES
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60, AND RATED NEMA 1(OR BETTER) INDOORS. OR NEMA3R (OR BETTER) OUTDOORS
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NOT IRONED. 24. METAL RECEPTACLE, SW7ICH,AITD DEVICE BOXES SHALL BE OALWJA gO, I
EPOXY-COATED, OR NON,CORRODING; SHALL MEET OR EXCEED UL 514AANDNEMAO6 M2 AW0 ,I
3. WIRING, RACEWAY AND SUPPORT METHODS AND MATERIALS SHALL COMPLY WRN DIE REQUIREMENTS OF THE NECANO 1; AND RATED NEWT I (OR BETTER) MOORS, OR WEATH E R PROTEC TED ( WP OR OR STRAND '
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2B TIE SUBCONTRACTOR SHALL NOTIFY AND OBTAIN NECESSARY AUTLDRRATION
0. EACH END OF EVERY POWER, POWER PHASE CONDUCTOR (LE.. HO1S),GROUNDING, AND TI CONDUCTOR AND CABLE FROM THE CONTRACTOR BEFORE COMMEM'GN'O WORK ON THE PC POWER CABLE TO CABLE RIND GROOM EE SOUDBCW
SIAM BE LABELED WTIH COLOR-CEDED INSULATION OR ELECTTICALTAPE (3M BRAKE 114 INCH PLASTIC ELECTRICALTAPE DISTRIBUTION PANELS. OADWELO(TYE.)
W7IIL W PROTECTION OR EOPAy. THE IDENTIFICATION METHOD SHALL CONFORM WITh NEC O OSHA.
27.T I-E SUBCONTRACTOR SHALL PROVIDE NECESSARY TAGGING ON THE BREAKERS, "TOTES:
T. ALL ELECTRICAL COMPONENTS SHALL BE CIEMLY LABELED WRH ENGRAVED IMAGO). RAE= LABELS. ALL EQUIPMENT CABLES AND DISTRIBUTION PANELS IN ACCOROANCEWIII/THE APPUCABLE CODES 1. THE M2 ANTI, BCW, FROM THE RUG GROUND SHALL
SHALL BE LABELED %Will THEM VOLTAGE RATING, PHASE CONFIGURATION, , IRE CONFIGURATION. POWER ORAMPACRY AND STANDARDS TOBAFEGWRDAGAINST LIFE AND PROPERTY. BE CADWELDEDTOTHE POST ABOVE GRADE
RAMAJO, AND BRANCH CIRCLN DNUMBERS (EE, PANELBOAFO AM) CIRCUIT IDS). 2. SONG EACH HORIZONTAL POLEISIACE TO EACH OTHER NiD
TO EACHVERTICAL POLE BONDED TO THE EXTERIOR GROUND
B.PANELDOARDS OD NUMBERS) AND INTERNAL CIRCUIT BREAKFAS(CIRCUIT D NUMBERS) SHALL SE C L E A R L Y LABELED WITH R a h lobo CwanOW RING
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10. POWER, CONTROL, AND EDUEMENT MOUND HIRING INRISING OR COMUTT BE SINGLE CONDUCTOR(114 AWE, OR On6a 4.GATE JUMPER SHA BE INSTALLED SO THAT ITLMLL N OR BE
WK GER).SOO V, OILRESLTHN USED.IERATED FORW ISE SPECIFIED.
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ON NG STIWN WHEN GATE IS FUMY OPEN IN
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HE LOCATION RACEW f•.7.7C' .L
11. SUPPLEMENTAL NTTERMED
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BOOV, GLRESISTA: NT THHN LAB LED GR E I NSWTG. NND PER CABLE RATE ODII ECG
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a REQUIREMENTS. CUSTOMER, 350 KCMIL SERVICE CONDUCTORS FUAM81EON mammon.
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2. GROUNDING KIESH/1 . BE TYPE ANTI PARTNIMBER AS SUPPLIED OR VAMIN. 6T81EXEMY
RECOMMENDED BY CABLE MANUFACTURER. LONG oz awe SOUDBARETIIAED
COPPER GROUND CONX)CTOR.
3. WEATHER PROOFING SHALL OE (IYPEAND PART NLMI0ERA0 surreal EXOTHERMIC WELD TO BURIED GROUND
OR RECOMMENDED BY CABLE MANUFACTURER) RING AND onus') EAR
NA 0DM
AN IDENTIFICATION TAO ATTACHED AT EACH ETDTHATIMLLIDENTIFY ITS TO TOWER MOUNTED
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GROUNDING NOTES
1.ALL GROUND ELECTRODE SYSTEMS (INCLUDING TELECOMMUNICATION, RADIO, LIGHTNING PROTECTION. AND AC POWER GENE) SHALL BE BONGEDIGGETHER, AT OR BELOW
GRACE, BY TWO OR MORE COPPER BONDINGCOEUCTORS IN ACCORDANCE WITH THE NEC.
2. THE SUBCONTRACTOR WILL PERFCAM IEEE FALL-OF-POTENTIAL RESISTAN CE TO EARTH TESTING (PER IEEE 1100 AND al) FOR GROUND ELECTRODE SYSTEMS. THE
SLSOONTRACTORSHALL FURNISH AND INSTALLSUPPLEMENTALGROUND ELECTRODES AS NEEDED TO ACHIEVE ATEST RESULT OF SOIIMS OR LESS.
D. THE SUBCONTRACTOR IS RESPONSIBLE FOR PROPERLY EEQUENCIMO GROUNDING MU UNDEROROUNO CONDUNNIETAUATION AS TO PREVENT ANT LOSS OF EONTITMJITY IN TIE
GROUNDING SYSTEM OR MANGE TO THE CONDUIT.
4. METAL COFDUTND TRAY SELL BE GROUNDED ANO MADE ELECTRICALLY CONTINUOUS WITH UBTED BONDING FTIINDSOR BY BONDING ACROSS THE OIBCONTIMITY BATHOS
AND COPPER WIRE UL APPROVED GROUNDING TYPE CONDUIT CLAMPS. _
5. METAL RACEWAY SHA- NOT BE USED AS THE NEC REQUIRED EQUIPMENT GROUND CONDUCTOR. STRNNDEO COPPER CONDUCTORS WITH GREEN INSULATE% SIZED IN
ACCORDANCE WITH TIE NEC. BHAU. BE FURNISHED AND INSTALLED WITH THE POWER CIRCUITS TO MS EQUIPMENT.
B. EACH BTS CAOUET FRAME SHALL BE DIRECTLY CONNECTED TO THE MASTER GROUND BAR WITH GREEN INSULATED SLPPLEMENTALEQUIPMENT CROWD WIRES, SAVIG
STRANDED COPPER OR LARGER FOR INDOOR BTS; 2 AWG STRANDED COPPER FOR OUTDOOR BM.
7. CONNECTIONS TO THE GROUND BUS SHALL NOT BE DOUBLED UP OR STACKED. BACK TO BACK CONNECTIONS ON OPPOSITE SLOES OF THE GROUND BUS ARE PERMITTED.
B. ALLEXTERCR GROUND CONDUCTORS BETWEEN EOUIPMENTDROWO BARS AND THE GROUND RING. SELLSE II 2AWO SOUD TINNED COPPER UNLESS OTHERWISE INDICATED.
D. ALUMINUM CONDUCTOR OR COPPER CLAD STEEL CONDUCTOR SHALL NOTBE USED FOR GROUNDING CONNECTIONS.
10. USE OF D• BEMS IN THE PROTECTION OR0700NG CONDUCTORS SHALL BE AVOIDED WHEN 401 BENDS CAN BE AOEQUATELY SUPPORTED.
11. EXOTHERMIC WEIRS SHALL BE USED FOR ALL GROUNDING CONNECTIONS BELOW GRACE.
12 ALL GROUND CONNECTIONS ABOVE GRADE (INTERIORS FOnERIOR)SIIALL BE FORMED USING HIGH PRESS CRIMPS.
14. ICE BRIDGE BONDING CONDUCTORS SHALL BE EXOTHERMICALLY BONDED OR BOLTED TO TEE ERDOEAND ME TOWER GROUND BAR.
1S APPROVED ANTIOXIDANT COATINGS (LE. CONOUCRVE GEL OR PASTE) SHALL BE USED ON ALL COMPRESSION AND BOLTED GROUND CONNECTIONS.
17. MISCELLANEOUS ELECTRICAL AND NONELECTRICAL METAL BOXES, FRAMES AND SUP FORTS SHALL SE BONDED TO THE GROUND RING, IN ACCORDANCE WITH THE EEC.
1D BOND ALL METALLIC OBJECTS WITHIN8 FT OF MAIN GROUND WIRES 701H 142 AWG 71N-PLATED COPPER GROUND CONDUCTOR.
ID GROUND CONDUCTORS USED IN THE FACILITY GROUND MD LIGHTNING PROTECTION SYSTEMS SHAL NOT BE ROUTED THROUGH METALLIC OBJECTS THAT FORM ARING
AROUND THE OONOUCBDR,SUCH AS METAUC CONDUITS. METAL SUPPCRT CUPS OR SLEEVES THROUGH WALLS OR FLOORS. MEN IT IS RECLINED TO BE HOUSED IN CONDUIT TO
MEET CODEREOUREMENTS OR LOCAL CONIXTIONS, NONJJETAWC MATERIAL SUCH AS PVC PLASTIC CONDUIT SHALL BE USED. WHERE USE OF METAL CONDUIT IS UNAVOIDABLE
(E.G., NONMETALLIC CONDUIT PROHIBITED BY LOCH. CODE) THE GROUND CONDUCTOR MALL BE BONDED TO EACH END OFTHE META CONDUIT.
NOR:
TIRE GROUINDNG PLAN IS TYPICAL GEE
SHEET %2 FOR ACTUAL EOUPMEIf 20. INSTALL GROOM RODS FOR THE NEW OROUNO RING. SEPARATION SEIV.EEN GROUND ROOS
LAYOUT. TYPICAL MONOPOLE SITE GROUNDING PLAN SHOULD NOT BELESSTNAN TIE LENGTH OF THE RODS NOR DE MORE THAN ONE AND
MOT TO SCALE ONE-HALE TIMES THE LENGTH OF THE RODS. CONNECT TIE NEW RING TO EXISTING GROUND
RING IN AT LEAST 7WO SEPARATE PLACES.
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SEPERATELY GROUNDED FO AWOGREEN INSULATED CABIETO
7CP OF EXISTING FLOOR INSULATED 67RA1NDEB GROUNEED TO MASTER GROUND BUS
AUXIUMY GROUND BUSBMR EAR OR EXTERIOR
GROUND RING
ELEVATION PLAN
SHEET E-5
CROWN LANSING RETAIL CENTER
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PROFESSWNAL501NEYIN6 a ENGINEERING CCI # 808418 02/01/11 ZOONG N TOWER SfyAVATFF! RAPS ADDED vu GROUNDING NOTES & DETAILS
09/17/10 PNGDOMIJN DRAWINGS ow MN vu
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shaping the wireless world ®' LANORIG. MI 48912 SCAM AS SHOWN DOCKED BY: ON 1 DANK BW. DINE 10502104
The information in ,this' document is confidential . and proprietary.
15
VIEW TO NORTH; PROPOSED SITE TO LEFT OF FRAME
17
- 1'
- L.
C Residential-2 Unit
- )
1MM NONE
® CUP Community Unit PI
D-1 Professional Office
Ea D-2 Residential/Office
DM-1 Residential-Multiple
DM-2 Residential-Multiple
DM-3 Residential-Multiple
DM-4 Residential-Multiple.
PIR E-1 Apartment Shop -
E-2 Local Shopping
H Light Industrial
IMM I Heavy Industrial
J Parking
CITY OF LANSING
NOTICE OF PUBLIC HEARING
The Lansing City Council will hold a public hearing on Monday, May 23, 2011, at 7:00 p.m. in
Council Chambers, 10t Floor, Lansing City Hall, 124 W. Michigan Avenue, Lansing, Michigan,
to consider SLU-1-2011. This is a request by Crown Castle USA to construct a new 199-foot
high, monopole, telecommunications tower in the northwest corner of the property at 300
Frandor Avenue. The subject property is zoned "F" Commercial, which district permits
telecommunications towers, if a Special Land Use pennit is approved by the Lansing City
Council.
For more information about this case, phone City Council Offices on City business days,
Monday through Friday, between 8 a.m. and 5 p.m. at 483-4177. If you are interested in this
matter, please attend the public hearing or send a representative. Written comments will be
accepted between 8 a.m. and 5 p.m. on City business days if received before 5 p.m., Monday,
May 23, 2011, at the City Council Offices, Tenth Floor, City Hall, 124 West Michigan Avenue,
Lansing, MI 48933-1696.
Instructions: (1) Use this form to provide notice of land use restrictions that are part of the corrective action plan to the Local
Unit(s) of Government (LUG). (2) If corrective action is based on the use of institutional controls regarding off-site migration of
regulated substances, submit a draft copy of this notification with the corrective action plan and wait for Remediation &
Redevelopment Division (RRD) approval before providing notice to the LUG. If the institutional controls are for on-site contamination,
the owner/operator may proceed with providing notice to the LUG. (3) Send the notice to the city, village or township clerk. Provide
a copy to the County/District Health Department if groundwater exceeds Tier 1 residential criteria. (4) Submit a copy of the notice
and proof of providing the notice with the Closure Report (EQP 3843) to the appropriate RRD District Office in form EQP4410.
This notice does not constitute a warranty or representation of any kind by the State of Michigan that the corrective actions
performed in accordance with this notice will result in the achievement of the remedial criteria established by Law, or that the
property is suitable for any particular use.
Site Address: 3625 South Cedar Street City: Lansing State: MI Zip: 48910-4609
Address: 1239-76th St SW, Suite A City Byron Center State: MI Zip: 49315
I hereby attest to the accuracy of the statements in this document and all attachments. I further certify that the
language on this form has not been modified.
11(
12/15/10
Owner or Operator's Signature Date
111111111111111111111111111111111
11111111 11111111 11111111 11111
a. e
D
1.1_1
Ltt.a
CD
LU
af:
DECLARATION OF RESTRICTIVE COVENANT
This Declaration of Restrictive Covenant (Restrictive Covenant) was recorded with the Ingham
County Register of Deeds to protect public health, safety, and welfare, and the environment by
prohibiting or restricting activities that could result in unacceptable exposure to environmental
contamination present at the property located in 3625 South Cedar Street, Lansing, Michigan
and legally described in the attached Exhibit 1 (Property).
The Property is associated with Speedway LLC #8789 for which a Final Assessment Report
(FAR) was completed under Part 213, Leaking Underground Storage Tanks, of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA),
MCL 324.21301 et seq. Corrective actions that will be implemented to address environmental
contamination are fully described in the FAR dated March 25, 2011. A copy of the FAR is
available from the Michigan Department Environmental Quality (MDEQ) Remediation Division,
Lansing District Office.
Part 213 of NREPA requires the recording of this Restrictive Covenant with the Ingham County
Register of Deeds based upon the corrective action activities for the site to: (1) restrict
unacceptable exposures to regulated substances located on the Property; (2) assure that the
use of the Property is consistent with the exposure assumptions used to develop cleanup
criteria under Section 21304a(2) of the NREPA, and (3) assure the exposure control measures
relied upon in the FAR are effective. The restrictions contained in this Restrictive Covenant are
based upon information available at the time the FAR was implemented by Speedway LLC.
Failure of the corrective action to achieve and maintain the cleanup criteria, exposure controls,
and requirements specified in the FAR; future changes in the environmental condition of the
Property or changes in the cleanup criteria developed under Section 21304a(2) of the NREPA;
the discovery of environmental conditions at the Property that were not accounted for in the
FAR; or use of the Property in a manner inconsistent with the restrictions described below may
result in this Restrictive Covenant not being protective of public health, safety, and welfare, and
the environment. The adequacy of the corrective actions undertaken pursuant to the FAR may
not have been reviewed by the MDEQ.
Exhibit 2 provides a survey of the Property that is subject to the land and/or resource use
restrictions specified in this Restrictive Covenant.
Definitions
For the purposes of this Restrictive Covenant, the following definitions shall apply:
"MDEQ" means the Michigan Department of Environmental Quality, its successor entities, and
those persons or entities acting on its behalf.
"Owner" means at any given time the then-current title holder of all or any portion of the
Property.
"RBCA" means the American Society for Testing and Materials (ASTM) document entitled,
"Standard Guide for Risk-Based Corrective Action Applied at Petroleum Release Sites,"
Designation E 1739-95.
All other terms used in this document which are defined in Part 3, Definitions, of the NREPA;
Part 213 of the NREPA; Part 201, Environmental Remediation, of the NREPA; or the Part 201
Administrative Rules (Part 201 Rules), 1990 AACS R 299.5101 et seq., shall have the same
meaning in this document as in Parts 3, 213, and 201, and the Part 201 Rules, as of the date
this Restrictive Covenant is filed.
Constituents of a petroleum product were released from an underground storage tank system
and remain present at levels that do not allow unrestricted use of this property. Public health
will be protected by preventing the use of the groundwater for ingestion, prohibiting the
construction of subsurface structures intended for occupancy, and requiring proper
characterization and disposal of impacted soils, if soils are to be disturbed.
THEREFORE,
In accordance with the FAR, Speedway LLC, as the owner of the Property, covenants that
the Property is subject to the following restrictions:
Cleanup criteria for land use-based corrective actions are located in the Government
Documents Section of the Library of Michigan.
2) The construction of any subsurface structure intended for occupancy (he. basements)
is prohibited.
c. Prohibited Activities to Ensure Effectiveness and Integrity of the Corrective Action. The
Owner shall prohibit activities on the Property that may interfere with any element of the FAR,
including the performance of operation and maintenance activities, monitoring, or other
measures necessary to ensure the effectiveness and integrity of the FAR.
There are no additional activities to those referenced in this RC that need to be prohibited
to ensure the effectiveness and integrity of the Corrective Action.
d. Contaminated Soil Management. The Owner shall manage all soils, media, andlor
debris located on the Property in accordance with the applicable requirements of
Sections 21304b and 20120c of the NREPA; Part 111, Hazardous Waste Management, of the
NREPA; Subtitle C of the Resource Conservation and Recovery Act, 42 USC Section 6901
et seq.; the administrative rules promulgated thereunder; and all other relevant state and federal
laws.
2. MDEQ Access. The Owner grants to the MDEQ and its designated representatives the right
to enter the Property at reasonable times for the purpose of determining and monitoring
compliance with the FAR, including the right to take samples, inspect the operation and
maintenance of the corrective action measures and inspect any records relating to them, and to
perform any actions necessary to maintain compliance with Part 213 and the FAR.
4. Audits Pursuant to Section 21315 of the NREPA. This Restrictive Covenant is subject to
audits in accordance with the provisions of Section 21315 of the NREPA, and such an audit
may result in the finding by the MDEQ that this Restrictive Covenant is not protective of the
public health, safety, and welfare, and the environment.
5. Term of Restrictive Covenant. This Restrictive Covenant shall run with the Property and is
binding on the Owner; future owners; and their successors and assigns, lessees, easement
holders, and any authorized agents, employees, or persons acting under their direction and
control. This Restrictive Covenant shall continue in effect until the MDEQ or its successor
determines that regulated substances no longer present an unacceptable risk to the public
health, safety, or welfare, or the environment, and may only be modified or rescinded with the
written approval of the MDEQ.
6. Enforcement of Restrictive Covenant. The State of Michigan, through the MDEQ, and
Speedway LLC may individually enforce the restrictions set forth in this Restrictive Covenant by
legal action in a court of competent jurisdiction.
8. Severabili . If any provision of this Restrictive Covenant is held to be invalid by any court of
competent jurisdiction, the invalidity of that provision shall not affect the validity of any other
provision of this Restrictive Covenant, which shall continue unimpaired and in full force and
effect.
STATE OF OHIO
COUNTY OF CLARK
CASEY C GREGOR`r
Notary Public
In and for the State of Ohio Notary Public Signat re
My Commission Expires
March 26, 2014
Notary Public, State of (Q^' lr' C7
County of C`,L..c x iC
Ivly commission expires: wale> l -20 1(4
Acting in the County of 01..r1`C
Drafted by:
Addres
1239 s 76th St SW, Suite A, Byron Center, MI 49315
CONSENT OF OWNER
I, Speedway SuperAmerica LLC, the current and legal Owner of the Property, do hereby consent
to the recording of this Restrictive Covenant and authorize Practical Environmental Consultants,
Inc. to file this Restrictive Covenant with the Ingham County Register of Deeds for recording:
Speedway SuperAmerica LLC
STATE OF OHIO
COUNTY OF CLARK
CASEY C GREGORY
Notary Public
* In and for the State of Ohio Notary Public Signatuf e
My Commission Expires
March 26, 2014
Chi o
Notary Public, State of
County of Obi'.
My commission expires: / L4
Acting in the County of
EXHIBIT 1
Lot(s) 11, 12, and 13 of EDWARD'S GLENDALE HEIGHTS SUBDIVISION, according to the
recorded Plat thereof; and also Lots 1 through 6, inclusive, of Maple Hill Subdivision, City of
Lansing, Ingham County, Michigan, according to the recorded plat thereof EXCEPT that part of
said Lots 2, 3 and 4 described as: Beginning on the Northerly line of Hunter Boulevard at the
Southeast corner of said Lot 4, running thence North 20 degrees 23 minutes East, 100.76 feet to the
Northeast corner of said Lot 4, being the Southerly line of public alley; thence North 72 degrees 51
minutes 30 seconds West, 32.79 feet; thence North 00 degrees 20 minutes 00 seconds West, 7.65
feet; thence North 67 degrees 11 minutes 00 seconds West, 84.75 feet; thence South 62 degrees 02
minutes 00 seconds West, 77.33 feet to the Southwesterly line of Lot 2; thence South I 1 degrees
51 minutes 30 seconds East, 2.32 feet to the Southwest corner of said Lot 2, which also marks a
point of curvature of the street right-of-way; thence Southeasterly 119.0 feet on the arc of a 113.99
foot radius curve to the left, whose chord measures South 41 degrees 46 minutes East, 113.67 feet;
thence South 71 degrees 40 minutes 30 seconds East, 69.85 feet on the Northerly line of Hunter
Boulevard to the point of beginning; ALSO EXCEPT all that part of Lot 1, of MAPLE HILL
SUBDIVISION, City of Lansing, Ingham County, Michigan, as recorded in Liber 8 of Plats, on
Page 33, Ingham County Records, and that part of Lots 11, 12 and 13 of EDWARD'S GLENDALE
HEIGHTS SUBDIVISION, said City of Lansing, as recorded in Liber 1117 of Plats, on Page 301,
Ingham County Records, described as: Beginning at a point on the West line of said Lot 1, which
is 25 feet from the Southwest corner of said Lot 1; thence Northerly along the West line of said Lot
I, to the Northwest corner thereof; thence North 137 feet, along the West line of said Lots 11, 12
and 13, to the Northwest corner of said Lot 11; thence East, along the North line of said Lot 11, a
distance of 16 feet; thence Southwesterly, 14 feet, more or less, to a point which is 6 feet East and
I 0 feet South of the Northwest corner of said Lot 11; thence South 127 feet to a point on the South
line of said Lot 13 which is 6 feet East of the Southwest corner of said Lot 13; thence Southerly 40
feet, more or less, to the point of beginning.
OR
REMS,OHS
CITY OF LANSING, INGHAM COUNTY, MICHIGAN
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DATE. 12/27/2010 SHaT 1 CM W{ n1I
LEGEND ^.; NN1515 ,4
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D = DEEDED DIMENSION *:f DOUGLAS J.'-., p °I
o = IRON STAKE FOUND ROOT
'- i PROFESSIONAL i c1
o = TELEPHONE BOX r^' ( SURVEYOR { Q=
= UTILITY POLE & GUY WIRE No. Ste- ,/L -
* = LIGHT POLE 500°51 ' 37' E 135.59'
= SIGN ,,.. E S 1 ^svi-1 ns-z
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I V = HYDRANT - Mwa, 1 i
o = VALVE
0' 15' 30'
[O = CATCH BASIN
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O = MANHOLE
SCALE: 1" = 30'
-.°--.- = OVERHEAD WARES
M = MEASURED DIMENSION
P = PLATTED DIMENSION
MW-co M = MONITORING WELL
4; ■ = AIR SPARGE WELL
A = SOIL VAPOR EXTRACTION WELL
0 = UNDERGROUND TANK COVER
AND DIAMETER
Ox = EASEMENT NO. (SEE EASEMENT LIST)
AS-7
FB CHRISTIAN
3523 S. CEDAR ST
MN'-14R
Description:
Parcel 1:
Lot(s) 11, 12, and 13 of Edward's Glendale Heights Subdivision, according to the recorded plat
thereof; and also Lots 1 through 6, inclusive, of Maple Hill Subdivision, City of Lansing, Ingham
County, Michigan, according to the recorded plat thereof. Except that part of said Lots 2, 3 and 4
described as: Beginning on the Northerly line of Hunter Boulevard at the SE comer of said Lot 4;
running thence N20°23'E, 100.76 feet to the NE corner of said Lot 4, being the Southerly line of
public alley; thence N72°51'30W, 32.79 feet; thence NOO'20'00'W, 7.65 feet thence N67°11'00°W,
84.75 feet; thence S62°02'00W, 77.33 feet to the Southwesterly line of Lot 2: thence S11°51'30 'E,
2.32 feet to the SW corner of said Lot 2, which also marks a point of curvature of the street SOUTH CEDAR STREET
right-of-way; thence Southeasterly 119.0 feet on the arc of a 113.99 foot radius curve to the 1e8,
whose chord measures S41°46'E, 113.67 feet; thence 571°40'30°E, 69.85 feet on the Northerly line
of Hunter Boulevard to the Point of Beginning. Also Except all that part of Lot 1, of Maple Hill
Subdivision, City of Lansing, Ingham County, Michigan, as recorded in Libor 8 of Plats, on Page 33,
Ingham County Records, and that part of Lets 11, 12 and 13 of Edward's Glendale Heights
SubdMSion, said City of Lansing, as recorded In Liber 1117 of Plats, on Page 301, Ingham County
M•A'-z1 Records, described as: Beginning ate point on the West line of said Lot 1, which Is 25 feet from the
® SW corner of said Lot 1; thence Northerly along the West line of said Lot 1, to the NW corner
thereof; thence North 137 feet, along the West line of said Lots II, 12 and 13, to the NW corner of
said Lot 11; thence East, along the North line of said Lot 11, a distance of 18 feet; thence
Southwesterly, 14 foot, more or less, to a point which Is 8 feet East and 10 feet South of the NW 1.IW-12
corner of said Lot 11; thence South 127 feet toe point on the South One of said Lot 13 which is 6 UT
feet East of the SW corner of said Lot 13; thence Southerly 40 feet, more or less, to the Point of Notes:
Beginning. 1.Recorded easements ere based on Fidelity National Title Insurance
EASEMENT LIST Company title search No. 61977, dated November 30.2010.
Parcel 2: 1.16.5' EASEMENT TO MICH. BELL TEL. CO . PER L. 1488, P. 425. 2. Lath 11, 12 and 13, Edward's Gtonda!e Heights Subdivision, are subject
Pad of Lots 2, 3 and 4, Plat of Maple Hill, City of Lansing, Ingham County, Michigan, according to the recorded plat thereof as EVERETT PLAZA to the terms, conditions and provisions recited in Notice of Claim,
340U S CEDAR ST 2.16.5' EASEMENT TO MICH. BELL TEL. CO. PER L 1468, P. 426.
recorded in Liber 8 of Plats. Page 33. Ingham County Records; Beginning on the Northedy line of Hunter Boulevard at the SE 3.10'X10' EASEMENT TO MICH. BELL TEL. CO . PER L. 1468, P. 427. recorded in Libor 1059, Page 625.
corner of said Lol 4, running thence N20°23'E 100.7e feet to the NE corner of said Lot 4, being the Southerly line of public alley, 4.101X10' EASEMENT TO MICH. BELL TEL. CO . PER L. 1506, P. 759 3.Parcel 2 is subject to the terms, conditions and provisions recited In
thence N72°51'30W 32.79 feet, thence NO0°20'00W 7.65 feet, thence N67°11'W 84.75 feet, thence S62°02'W 77.33 feet to the 5.EASEMENT TO CITY OF LANSING BOARD OF WATER AND LIGHT Trustee's Deed retorted in Libor 1962, Page 136.
Southwesterly line of Lot 2, thence S11°51'30°E 2.32 feet to the SW corner of said Lot 2 which also marks a point of curvature of FOR ELECTRIC AND COMMUNICATION LINES PER L. 3275, P. 52. 4.This properly is subject to the terms, conditions and provisions recited In
the street right of way. thence Southeasterly 119 feet on the arc of a 113.99 foot radius curve to the left whose chord measures 6.EASEMENT TO MICH. BELL TEL CO. PER L. 3277, P.425. Corrective Action Notice to Register of Deeds recorded in Liber 2840,
S41°46'E 113.67 feet to a point of tangency, thence S71°40'30'E 69.86 feet on the Northerly line of said Hunter Boulevard to the 7.20' EASEMENT TO CITY OF LANSING BOARD OF WATER AND Page 934.
point of beginning. LIGHT FOR WATERMAIN PER L. 3285, P. 735. 5.This property is subject to the terms, conditions and provisions recited in
Restrictive Covenant recorded in Liber 3027, Page 287.
MW-25
EXHIBIT 3
Nonresidential Land Use: This land use is characterized by any use which is not residential in
nature and is primarily characterized by industrial and commercial uses. Industrial uses
typically involve manufacturing operations engaged in processing and manufacturing of
materials or products. Other examples of industrial uses are utility companies, industrial
research and development, and petroleum bulk storage. Commercial uses include any
business or income-producing use such as commercial warehouses, lumber yards, retail gas
stations, auto dealerships and service stations, as well as office buildings, banks, and
medical/dental offices (not including hospitals). Corrimercial uses also include retail businesses
whose principal activity is the sale of food or merchandise within an enclosed building and
personal service establishments which perform services indoors such as health clubs,
barber/beauty salons, photographic studios, etc.
Any residential use is specifically prohibited from the non-residential land use category. This
would include the primary use of the property for human habitation and includes structures such
as single family dwellings, multiple family structures, mobile homes, condominiums, and
apartment buildings. Residential use is also characterized by any use which is intended to
house, educate, or provide care for children, the elderly, the infirm, or other sensitive
populations, and therefore could include day care centers, educational facilities, hospitals, elder
care facilities, and nursing homes. The use of any accessory building or portion of an existing
building as a dwelling unit permitted for a proprietor or storekeeper and their families, located in
the same building as their place of occupation, or for a watchman or caretaker is also
prohibited. Any authority that allows for residential use of the Property as a legal non-
conforming is also restricted per the prohibitions contained in this restrictive covenant.
EXHIBIT 4
There shall be a rear yard of not less than 25 feet in an E-2 Local Shopping District.
(Ord. No. 636, 3-7-83)
*Cross references: Zoning and planning in home rule cities - see M.C.L.A. Sec. 117.4i;
Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. Sec. 125.581;
Regulation of buildings; authority to zone - see M.C.L.A. Sec. 125.582; Regulation of congested
areas - see M.C.L.A. Sec. 125.583; Uses of land or structures not conforming to ordinances; powers
of legislative bodies; acquisition of property - see M.C.L.A. Sec. 125.583a; Effect of zoning ordinance
or zoning decision in presence of demonstrated need for certain land use - see M.C.L.A. Sec.
125.592.
1268.01. Intent.
The intent of the F and F-1 Commercial Districts is to allow general retail commercial uses.
(Ord. No. 636, 3-7-83)
http://libraryl.municode.com/default-now/DocView/13231/1/62/65 12/15/2010
TITLE 6. ZONING Page 81 of 169
(i) A public park and playground, except those regulated by special conditions
pursuant to Section 1256.03(g), (h) and (i);
(j) Any other use which, by the decision of the Planning Board, is similar to the
principally permitted uses set forth in this section; and
(k) An accessory structure which is customarily incidental to any of the uses
permitted by this section.
(Ord. No. 735, 11-24-86)
http://libraryl.municode.com/default-now/DocView/13231/1/62/65 12/15/2010
TITLE 6. ZONING Page 82 of 169
(5) The portion of the lot on which the items described in this subsection are located
shall have a buffer zone of at least eight feet from all lot lines adjacent to the public
right-of-way, excluding approved driveways, and any residentially zoned property. The
buffer zone shall be landscaped, screened and buffered in accordance with the
requirements of Sections 1290.08 and 1290.09 of Chapter 1290.
(h) A residential use shall be permitted with the principal use in an F or F-1 Commercial
District, provided that the residential use meets the lot area and parking requirements of the
DM-3 Residential District.
(i) A child care facility which meets the following conditions shall be permitted in an F or F-1
Commercial District:
(1) The facility shall provide and maintain on the lot not less than 5,000 square feet
of open space.
(2) For each child in the facility in excess of 33 children, the facility shall provide and
maintain 150 additional square feet of outdoor play area.
(j) A planned development shall be permitted in an F or F-1 Commercial District, if it meets
the requirements of Sections 1242.04 to 1242.07.
(k) A library or museum owned or operated by a governmental entity which meets all of the
conditions described in Section 1248.03(1) shall be permitted in an F or F-1 Commercial
District.
(I) A nonaccessory free-standing sign which meets the following conditions shall be
permitted in an F or F-1 Commercial District:
(1) The location of the sign shall meet the height and area requirements described in
Sections 1268.05 to 1268.09.
(2) There shall be not more than one nonaccessory free-standing sign per lot.
(m) A functional family which meets all of the following conditions shall be permitted in an F
or F-1 Commercial District:
(1) Not more than five persons per unit shall be allowed.
(2) The square footage of each room area shall meet the minimum requirements of
the Building Code.
(3) There is one off-street parking space for each vehicle associated with the
members of the functional family, but not less than two off-street parking spaces
altogether.
(Ord. No. 827, 12-17-90; Ord. No. 1013, § 1, 6-19-00; Ord. No. 1041, § 1, 10-22-01)
Commercial District, subject to review by the Planning Board pursuant to Public Act 285 of
1931, as amended, being M.C.L.A. 125.31 to 125.45.
(d) A structure which is used by a public utility in a manner similar to any of the principal
permitted uses described in Section 1268.02 may be permitted in an F or F-1 Commercial
District, subject to review by the Planning Board pursuant to Public Act 285 of 1931, as
amended, being M.C.L.A. 125.31 to 125.45.
(e) An automotive drive-in theater may be permitted in an F or F-1 Commercial District, if it
meets all the following conditions:
(1) Each point of ingress and egress shall be connected to a principal or minor
arterial, as defined in the Comprehensive Plan.
(2) A waiting area on the lot shall be provided for vehicles entering the theater.
(3) Any lighting shall be directed away from adjacent residential districts.
(f) A trailer camp may be permitted in an F or F-1 Commercial District, if the conditions
described in Section 1248.04(1) are met.
(g) An experimental, research or development laboratory may be permitted in an F or F-1
Commercial District.
(Ord. No. 735, 11-24-86)
http://libraryl.municode.com/default-now/DocView/13231/1/62/65 12/15/2010
TITLE 6. ZONING Page 84 of 169
within this range shall be determined by the Planning Division based upon all of the following
criteria:
(1) The location and size of structures on abutting lots;
(2) The type and intensity of use on abutting lots;
(3) The size of the building on the lot for which the building permit is being sought;
(4) The site, design and layout of the structure on the lot for which the building permit
is being sought, including, but not limited to, the space required for vehicular access;
and
(5) The design, location and type of materials used in complying with Chapter 1290.
(b) If the Planning Division rejects a proposed side yard dimension which is within the
required range, it shall do so in writing, giving specific reasons for the denial.
(Ord. No. 735, 11-24-86)
*Cross references: Zoning and planning in home rule cities - see M.C.L.A. Sec. 117.4i;
Regulation of location of trades, buildings and uses by local authorities - see M.C.L.A. Sec. 125.581;
Regulation of buildings; authority to zone - see M.C.L.A. Sec. 125.582; Regulation of congested
areas - see M.C.L.A. Sec. 125.583; Uses of land or structures not conforming to ordinances; powers
of legislative bodies; acquisition of property - see M.C.L.A. Sec. 125.583a; Effect of zoning ordinance
or zoning decision in presence of demonstrated need for certain land use - see M.C.L.A. Sec.
125.592.
1270.01. Intent.
The intent of the G-1 Business District is to allow for a general retail commercial district for
the downtown area.
April 8, 2011
r-
Sent Via E-Mail
7J
In
City of Lansing' Clerk CD
124 West Michigan Avenue co) co rn
Lansing, Michigan 48933 --:
M
Dear Sir or Madam: D
m
SUBJECT: File Number 11-33-0010-P
Our normal review of permit applications considers the effects that the encroachment will have
on flood stage or discharge characteristics, but does not consider the effect that the proposed
project will have on the local community development and land use patterns.
If you have any objections regarding the project, please contact Ms. Donna Cervelli, WRD,
Lansing District Office, 525 West Allegan Street, 4th Floor, Lansing, Michigan 48933, or
telephone 517-335-6266. If no response is received within 15 days of the date of this letter from
the municipality, the county health department or the county drain commission, we will assume
there are no local governmental objections to issuance of the permit.
Enclosure
cc/enc: Ingham County Health Department (Sent via e-mail)
Ingham County Drain Commissioner (Sent via e-mail)
CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 48909-7973
www.michigan.gov/deq • (800) 662-9278
US Army Corps of Engineers (USACE) Michigan Department of Environmental Quality (MDEQ) D€^
Previous USACE Permit or File Number Land and Water Management Division, MDEQ File Number
^^ - j -- CrO^`Q m
tr) -....-- --
USACE File Number •g Pre application Number or Marina Operating Permit Number
°'
U w
MAR ^
C
W District Office o Fee received $ C
M
a ^ Ott:;, RESOURCES DIVISION
0-6
$
Read Instructions pages i - All of the following boxes below must be checked and information provided for the application to be processed:
❑ All items in Sections 1 through 9 are completed 0 Date project was staked
❑ Items in Sections 10 through 21 that apply to the project are completed ❑ Application fee is attached
❑ Dimensions, volumes and calculations are provided ❑ All requested supplementary attachments (4) are included
❑ Reproducible location map, site plan(s), cross sections and photographs are provided, one set must be black and white on 8'A by 11 inch paper.
❑ Ust any additional attachments, tables, etc.:
fl PROJECT LOCATION INFORMATION
• Refer to your property's legal description for the Township, Range, and Section information, and your property tax bill for your Property Tax Identification Number(s).
Site location Address (road, if no street address) Zip Code Township Name(s) Township(s) Range(s) Section(s)
3301 E. Michigan A ve 48912 Lansing 4N _ _ ZdV 13
City/Village County(ies) Property Tax Identification Number(s)
Lansing Ingham 33-01-01-13-151-002
Name of Project Name or Subdivision/Plat Lot Number Private
Waterbody Red Cedar Job Number 84133 n/a Claim
Project types ^./ private ■ public/government ❑ industrial commercial II multi family
(check all that apply) II building addition ❑ new building or structure II building renovation or restoration ID river restoration . ❑ single-family
II project is receiving federal transportation funds Eother (explain) Parkes Lot renovation
The proposed project is on, within, or involves (check all that apply) II a legally established County Drain (date established) (M/DIY) / I
❑ a stream ❑ a pond (less than 5 acres) II a Great Lake or Section 10 Waters ■ a natural river ■ a new marina
II a river II a channel/canal III a designated high risk erosion area II a dam El a structure removal
II a ditch or drain Ill an inland lake (5 acres or more) ❑ a designated critical dune area II a wetland 11I a utility crossing
■ a floodway area El a 100-year floodplain ❑ a designated environmental area II 500 feet of an existing waterbody
El DESCRIBE PROPOSED PROJECT AND ASSOCIATED ACTIVITIES, AND THE CONSTRUCTION SEQUENCE AND METHODS (attached additional sheets)
Written Summary of All Proposed Activities. A large, deteriorating parking /at will be milled and re-surfaced in equal amounts, (e.g. 3" of
asphalt is milled and 3" is re-surfaced.) In one area of the parking lot, 3 catch basins are proposed to help alleviate an
existing drainage issue. This area will have both floodplain cut and fill, in very small amounts.
Construction Sequence and Methods. Prepare site with proper soil erosion and sedimentation protection measures. install new utilities
as needed to improve drainage. Mil/ and rep/ace asphalt in parking lot. Re-stripe lot as needed.
APPLICANT, AGENT/CONTRACTOR, AND PROPERTY OWNER INFORMATION
Owner/Applicant Agent/Contractor
(individual or corporate name) 3301 East Michigan Partnership (firm name and contact 'arson KEGS 6reg Petra
Mailing Address 1111 Michigan A ve., Suite 201 Address 2116 Haslett Road
City East Lansing State MI Zip Code 48823 City Howell State MI Zip Code 48855
Daytime Phone Number with Area Code Cell Phone Number Daytime Phone Number with Area Code Cell Phone Number
517-351-2200 517 319-9205 51.7 ,339-1014 517-819-5338-
Fax 517 351-2201 E-mail lorna. mchugh@cbre. corn Fax 517 339- 8047 E-mail gpetru@kebs, cony
d IfNono,EgattachYesletter(s)
NIP
Is the applicant the sole owner of all property on which this project is to be constructed and all property involved or impacted by this project?
of authorization from all owners. A letter signed by each property owner authorizing the agent/contractor/other owner to act on his or her behalf or a
copy of easements or right-of-ways must be provided, If multiple property owners, also attach a list of all owners along with their names, mailing addresses, and telephone
numbers, If the applicant is a corporation, a corporate officer must provide written document authorizing any agent/contractor listed above to act on its behalf.
A letter of authorization must be provided from an owner receiving dredge spoils on their property, or where access through their property is required..
Property Owner's Name Mailing Address
JIf different from applicant
Daytime Phone Number with Area Code Cell Phone Number City State Zip Code
No IS Yes Is there a MDEQ conservation easement or other easement, deed restriction, lease, or other encumbrance upon the property in the project area?
*9 If yes, attach a copy.
Alternatives: Include a description of alternatives considered to avoid or minimize resource impacts. Include factors such as, but not limited to, alternative construction
technologies; alternative project layout and design; and alternative locations. For utility crossings, include both alternative routes and alternative construction methods.
1. The first alternative is to leave the parking lot as-is and continue to use a parking lot in poor shape. 2. The
second
alternative would be to mill and re-surface the lot without adding any new drainage structures_ 3. The third alternative
considered was to remove the entire parking area and re-construct a new parking lot 4. The final choice was to install some
new drainage structures in the existing parking area where water has ponded and mill ef replace the existing parking lot.
Once the new drainage is in place and everything has been milled (+/-2') re-surface the parking area with 2" of new
asphalt. This will provide an immediate and long-term solution for the parking lot. The parking lot maintenance work will not
impact any on-site resources, it is all currently paved. Temporary and permanent erosion controls will be utilized on-site.
LOCATING YOUR PROJECT SITE
*Attach a black and white, legible copy of a map that clearly shows the site location and road from the nearest major intersection, and includes a north arrow. _._
' Is there an access road to the project? D No IZ Yes (If Yes, type of road, check all that apply) 111 private i1 public improved El unimproved
Name of roads at closest main intersection Michigan Avenue and Morgan Lane
Directions from main intersection Head East on Michigan A venue, just East of Frandor Mall entrance(Morgan Lane), at ex. bunhams,
on the North side of Michigan Avenue, heading W est after a Michigan left.
Style of house or other building on site ■ ranch le 2-story II cape cod 0 bi-level ❑ cottage/cabin El pole barn II none other (describe) Dept. store
Color Color of adjacent property house and/or buildings House number Street name
Fire lane number Lot number Address is visible on ■ house II garage ❑ mailbox ' II sign El other (describe) store
How can your site be identified if there is no visible address?
Provide directions to the project site, with distances from the best and nearest visible landmark and waterbody
Does the project cross the boundaries of two or more political jurisdictions? (City/Township, Township/Township, County/County, etc.)
@ No II Yes * If Yes, list jurisdictions:
tl List all other federal, interstate, state, or local agency authorizations required for the proposed activity, including all approvals or denials received.
Agency Type approval Identification number Date applied Date approved I denied If denied, reason for denial
MAR 2 9 2011
i PROJECTS IMPACTING WETLANDS OR FLOODPLAINS OR LOCATED ON AN INLAND LAKE OR STREAM ORA GREAT LAKE
Ijl
• Check boxes A through M that may be applicable to your project and provide all the requested information.
• If your project may affect wetlands, also complete Section 12. If your project may impact regulated floodplains, also complete Section 13.
• To calculate volume in cubic yards (Cu yd), multiply the average length in feet (ft) times the average width (ft) times the average depth (ft) and divide by 27.
• Some projects on the Great Lakes require an application for conveyance prior to Joint Permit Application completeness.
*Provide a cross-section and overall site plan showing existing lakes, streams, wetlands, and other water features; existing structures; and the location of all proposed
structures, land change activities and soil erosion and sedimentation control measures. Review Appendix B and EZ Guides for completing site-specific drawings.
*Provide tables for multiple impact areas or multiple activities and provide fill and excavation/dredge calculations.
Water Level Elevation
On a Great Lake use IGLD 85 ❑ surveyed III converted from observed still water elevation. On inland waters, ■ NGVD 29 ■ NAVD 88 ■ other
Observed water elevation (ft) date of observation (M/D/Y) _ _
O A. PROJECTS REQUIRING FILL (See All Sample Drawings)
• Attach both overall site plan and cross-section views to scale showing maximum and average fill dimensions.
(Check all that apply) floodplain fill ■ wetland fill II riprap ■ seawall, bulkhead, or revetment II bridge or culvert
■ boat launch ■ off-shore swim area III beach sanding ■ boatwell ■ crib dock ■ other ___
Fill dimensions (ft) Total fill volume (cu yd) Maximum water
length .95 width 80 maximum depth 0.6' 85 cyds depth in fill area (ft)
Type of clean fill 1I pea stone III sand ■ gravel ❑ wood chips Will filler fabric be used under proposed fill?
O other Asphalt I ^^ No ■ Yes (If Yes, type)
Source of clean fill ■ on-site, *If on-site, show location on site plan. 0 commercial ❑ other, *If other, attach description of location_._ _
Fill will extend feet into the water from the shoreline and upland feet out of the water, Fill volume below OHWM (cu yd)
0 B. PROJECTS REQUIRING DREDGING OR EXCAVATION (For dredging projects see Sample Drawing 7, for excavation see other applicable Sample Drawings)
• Attach both overall site plan and cross-section views to scale showing maximum and average dredge or excavation dimensions and dredge disposal location.
• Refer to www.migbig .eLgov/iointoermit for disposal requirements and authorization.
(Check all that apply) floodplain excavation II wetland dredge or draining ■ seawall, bulkhead, or revetment
❑ navigation _■ boat well ■ boat launch other Lowe _parking and add 3 catch basins
Total dredge/excavation Dimensions Dredge/excavation volume below Method and equipment for dredging
volume (Cu yd) 35.7 length vary width vary depth vary OHWM (Cu yd) 35.7 Sawcut, pulverize asphalt
Has proposed dredge material been tested for contaminants? Dredged or excavated spoils will be placed fft on-site ❑ off-site,
[: No ❑ Yes *Provide detailed disposal area site plan and location map.
*If Yes, provide test results with a map of sampling locations, *Provide letter of authorization from owner, if disposing of spoils off site.
Has this same area been previously dredged? 0 No ❑ Yes If Yes, date and permit number: / / /
If Yes, are you proposing to enlarge the previously dredged area? III No ■ Yes ___ - -
Is long-term maintenance dredging planned? 0 No ❑ Yes If Yes, when and how much?
C. PROJECTS REQUIRING RIPRAP (See Sample Drawings 2, 3, 8,12,14,._17, 22, and 23, Others may apply)
Riprap waterward of the ■ shoreline OR ❑ ordinary high water mark Dimensions (ft) length width depth Volume(cu yd)
Riprap landward of the ❑ shoreline OR III ordinary high water mark Dimensions (ft) length width depth Volume(cu yd)
Will filter fabric be used under proposed riprap? ❑ No ❑ Yes
Type of riprap ❑ field stone ■ angular rock ■ other (If Yes, type)
0 D. SHORE PROTECTION PROJECTS (See Sample Drawings 2, 3, and
(check all that apply)
17) Complete Sections 10A, B, and/or C above, as a pplicable.
Distances of project
■ riprap - length (ft) ❑ seawall/bulkhead - length (ft) II revetment - length (ft) from both property lines (ft)
E.] E. DOCK - PIER- MOORING PILINGS - ROOFS (See Sample Drawing 10)
Dock Type ❑ open pile ❑ filled El crib Permanent Roof? ❑ No ❑ Yes Mounted on
Seasonal support structure? ■ No ❑ Yes Maximum Dimensions: length width . height
Proposed structure dimensions (ft) length width Dimensions of nearest adjacent structures (ft) length width
F. BOAT WELL (See EZ Guides) _
Type of sidewall stabilization ❑ _. _w_od ❑ steel -0 concrete 0
vinyL❑ riprap ❑ other
Number of boats o
Boat well dimensions (ft) `-^
FLOODPLAIN ACTIVITIES (See Sample Drawing 5. Others may apply.) For more information go to www.michigan.aovldeofloodplainmanagemenj
• Complete Sections 10 A and 10 B and other Sections, as applicable.
• A hydraulic analysis or hydrologic analysis may be required to fully assess floodplain impacts. •> Attach hydraulic calculations.
•^ Attach additional sheets or tables with the requested information when multiple floodplain activities are included in this application. _ _
Site is feet above CI ordinary high water mark (OHWM) OR ■ observed water level, Date of observation (M/D/Y) / /
Fill volume below the 100-year Compensating cut volume below the
floodplain elevation (cu yd) 49.3 cyds (see attached sheets) 100-year floodplain elevation (cu yd) et/a
21 BRIDGES AND CULVERTS (Including Foot and Cart Bridges) (See Sample Drawings 5, 14A, 14B, 14C, 14D, and EZ Guides)
• Provide detailed site-specific drawings of existing and proposed Plan and Elevation View, (Sample Drawing 14A), Elevation View (Sample Drawing 14B), Stream and
Floodplain Cross-Section (Sample Drawing 14C), Stream Profile (Sample Drawing 14D) and Floodplain Fill (Sample Drawing 5) at a scale adequate for detailed review.
• Provide the requested information that applies to your project. If there is not an existing structure, leave the "Existing" column blank.
• If you choose to have a Licensed Professional Engineer "certify" that your project will not cause a "harmful interference" for a range of flood discharges up to and
including the 100-year flood discharge, then you must use the "Required Certification Language.° You may request a copy by phone, email, or mail. A hydraulic
report supporting this certification may also be required. Is Certification Language attached? ■ No ■ Yes
*Attach additional sheets and table with the requested information for multiple crossings. Include hydraulic calculations.
Existing Proposed Existing Proposed
Culvert type (box, circular, arch) and material Bridge span (length perpendicular to stream)
(corrugated metal, timber, concrete, etc.)_ OR culvert ■ width ■ diameter (ft) _
Bridge type (concrete box beam, timber, Bridge width (parallel to stream)
concrete I-beam, etc.) _ OR culvert length (ft)
Entrance design Bridge rise (from bottom of beam to streambed) OR
(projecting, mitered, wingwalls, etc.) _ Culvert rise (fill from top of culvert to streambed) (ft)
Total structure waterway opening Approach slope fill from existing grade to
above streambed (sq ft) culvert or bridge
■ elevation of culvert crown Upstream Higher elevation of ■ culvert invert OR Upstream
■ bottom of bridge beam (ft) streambed within culvert (ft) Downstrea m
Downstream
Elevation of road grade at structure (ft) Distance from low point of road
tomid-point of bridge crossing (ft)
Elevation of low point in road (ft)
Cross-sectional area of primary channel (sq ft) ^Pverage stream width at OHWM Upstream
(See Sample Drawing 14C) _ _ outside the influence of the structure (ft) Downstream
Reference datum used (show on plans with description) ❑ NGVD 29 ❑ NAVD 88 ❑ IGLD 85 (Great Lakes coastal areas) ❑ other
High water elevation - describe reference point and highest known water level above or below reference point and date of observation.
MAR29201
Laa STREAM, RIVER, OR DRAIN CONSTRUCTION ACTIVITIES (No sample drawing available)
• Complete Section 10A for fill, Section 10B for dredge or excavation, and Sectionl OC for riprap activities.
• if side casting or other proposed activities will impact wetlands or floodplains, complete Sections 12 and 13, respectively. WATER RESOURCES DIVISION
*Provide an overall site plan showing existing lakes, streams, wetlands, and other water features; existing structures; and the location of all proposed structures and and
change activities.
*Provide cross-section (elevation) drawings necessary to clearly show existing and proposed conditions. Be sure to indicate drawing scales.
'For activities on legally established county drains, provide original design and proposed dimensions and elevations.
(check all that apply) ❑ maintenance ■ improvement ■ relocation ❑ enclosure ❑ new drain ❑ wetlands ❑ other
Dimensions (ft) of existing stream/drain channel to be worked on, length width depth AR 2 Lan-
Dimensions (ft) of new, relocated, or enclosed stream/drain channel. Volume of dredge/
length width depth excavation (cu yds) i R
Existing channel average water depth in a normal year (ft) Proposed side slopes (vertical I horizontal) ulmcEs vsoN
= cel .5
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MAR 21 2011
' K2 i &35 WATER RESOURCES DIVISION . - ..
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LOCATION MAP
NO SCALE
LEGAL DESCRIPTION:
(As Provided): Beginning at the Southwest corner of the Northwest 1/4
of Section 13, T4N, R2W, City of Lansing, Ingham County, Michigan,
thence N01'20'28 "E 1328.66 feet along the West Section line to the North
line of the Southwest 1/4 of the Northwest 1/4 of Sectionl3; thence
S89°55' 33" E 331.96 feet along said North line to the Northwest corner of
EASTLAND SUBDIVISION as recorded in Liber 33, Pages 44, 45 and 46,
Ingham County Records; thence along the Westerly line of said Subdivision
SO1°24' 47" W 663.98 feet to the Southwest corner of Lot 2 of said
Subdivision; thence along the South line of said Lot 2 S88'50 ' 53 "E
140.99 feet to the West right of way line of Friendship Circle; thence
along said right of way line S01'23 ' 22" W 402.00 feet; thence N88'50' 53" W
141.17 feet; thence S01'24'47 " W 262.11 feet to the East-West 1/4 line;
thence N.89°01'36"W 330.29 feet to the point of beginning.
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UVl3^E! tiESOIIQ(ESUIVISIOP
Comcast. Comcast Cable
1401 East Miller Road
Lansing, MI 48911
For more than 45 years, Comcast has -been committed to- improving the quality of life in the local co:sifuni t}j3
where our customers and employees live and work. Knowing that even a single volunteer can make a mea ural le
difference in the life of an individual or in a community, Comcast recognized the enormous impact that we could
make by mobilizing thousands of Comcast employees across the country.
On Saturday, April 30, 2011*, more than 60,000 local Comcast employees, their families and our non-profit
community partners will kick off our ninth annual Comcast Cares Day - company-wide day of service. To date,
Comcast Cares volunteers have contributed more than 1.7 million hours of service at more than 30,000 project sites
in local communities across the country. Last year more than 60,000 volunteers participated nationwide.
This year, more than 2,600 volunteers will work at more than 25 sites around the state of Michigan, making a
difference and meeting local needs. Each year as the number of Comcast volunteers has grown, the enthusiasm,
camaraderie and dedication to giving back has also increased. A tradition that started in 1997 in Philadelphia has
expanded over the years into a commitment of giving back company-wide, demonstrating Comcast's commitment to
each and every region it serves.
Please join us at one of our Comcast Cares Day locations as we power dreams in our communities and celebrate
volunteerism. The location of the service projects in your area are:
• Greater Lansing Food Bank/Salvation Army Garden Project, 701 W. Jolly Rd, Lansing, MI 48910.
Project times will be from 8:00 AM to 12:00 PM. Volunteers will assist with the development of a
community garden. The Salvation Army Garden Project will be held on Monday, April 25, 2011.
• Greater Lansing Food Bank/Land Bank Garden Project, 5751 Orchard Ct, Lansing, MI 48911. Project
times will befrom 8:00 AM to 12:00 PM. Volunteers will -assist with the development -of-a; community
garden. The Land Bank Garden project will be held on Saturday, April 30, 2011.
Please let me know if you will be able to join us at your earliest convenience at (517) 334-5686 or
johngardner@cable.comcast.com . We look forward to working with you to make a difference!
Sincerely,
John P. Gardner
Sr. Government Affairs Manager
Comcast, Michigan Region