Lansing (MI) City Council info packet for Dec. 6, 2010 meeting

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

    CITY COUNCIL CHAMBERS, 10TH FLOORLANSING CITY HALL

    124 W. MICHIGAN AVENUEAGENDA FOR DECEMBER 6, 2010

    TO THE HON. MAYOR AND MEMBERS OF THE CITY COUNCIL:

    The following items were listed on the agenda in the City Clerk's Office by 4:00 p.m. onThursday, December 2, 2010, in accordance with Section 3-103(2) of the City Charter andwill be ready for your consideration at the regular meeting of the City Council on Monday,December 6, 2010 at 7:00 p.m. at the Council Chambers, 10th Floor, City Hall.

    I. ROLL CALLII. MEDITATION AND PLEDGE OF ALLEGIANCEIII. READING AND APPROVAL OF PRINTED COUNCIL PROCEEDINGS

    Approval of the Printed Council Proceedings of November 22, 2010

    IV. CONSIDERATION OF LATE ITEMS(Suspension of Council Rule #9 is needed toallow consideration of late items. Late items will be considered as part of the regularportion of the meeting to which they relate.)

    V. TABLED ITEMS(Tabled items, if removed from the table, will be considered as partof the regular portion of the meeting to which they relate.)

    VI. SPECIAL CEREMONIESVII. COMMENTS BY COUNCIL MEMBERS AND CITY CLERKVIII. COMMUNITY EVENT ANNOUNCEMENTS (Time, place, purpose, or definition of

    event 1 minute limit)

    IX. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON LEGISLATIVE MATTERSX. MAYORS COMMENTSXI. SHOW CAUSE HEARINGSXII. PUBLIC COMMENT ON LEGISLATIVE MATTERS (Legislative matters consist of the

    following items on the agenda: public hearings, resolutions, ordinances forintroduction, and ordinances for passage. The public may comment for up to threeminutes. Speakers must sign up on white form.)

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    A. SCHEDULED PUBLIC HEARINGS1. In consideration of Plant Rehabilitation District (PRD-01-01); Foresight

    Property Investment LLC for property located at 2822 N. Martin LutherKing Jr. Blvd.

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

    3. In consideration of an Ordinance of the City of Lansing to AmendSection 1298.07 of Title Six, Zoning, of Part Twelve, of the Planningand Zoning Code, being Part 12 of the Lansing Code of Ordinance toclarify the existing Ordinance language and to require that applicationsfor new wireless communication towers include evidence of a lease oran option to lease agreement with a telecommunications provider

    4. In consideration of an Ordinance of the City of Lansing to Add Chapter

    876 to the Lansing Codified Ordinances by imposing a moratorium onthe issuance of licenses for medical marihuana establishments

    XIII. COUNCIL CONSIDERATION OF LEGISLATIVE MATTERSA. REFERRAL OF PUBLIC HEARINGSB. CONSENT AGENDAC. RESOLUTIONS FOR ACTIOND. REPORTS FROM COUNCIL COMMITTEESE. ORDINANCES FOR INTRODUCTION and Setting of Public HearingsF. ORDINANCES FOR PASSAGE

    1. BY THE COMMITTEE ON PUBLIC SAFETY

    a. Adoption of an Ordinance of the City of Lansing to Add Chapter876 to the Lansing Codified Ordinances by imposing amoratorium on the issuance of licenses for medical marihuanaestablishments

    XIV. SPEAKER REGISTRATION FOR PUBLIC COMMENT ON CITY GOVERNMENTRELATED MATTERS

    XV. REPORTS OF CITY OFFICERS, BOARDS, AND COMMISSIONS; COMMUNICATIONSAND PETITIONS; AND OTHER CITY RELATED MATTERS(Motion that all items beconsidered as being read in full and that the proper referrals be made by thePresident)

    1. REPORTS FROM CITY OFFICERS, BOARDS, AND COMMISSIONS

    a. Letters from the City Clerk:

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    i. Submitting proposed dates for the Lansing City Councilmeeting schedule for 2011

    ii. Requesting the withdrawal from consideration the Applicationfor Naming and Renaming Memorials in the City of Lansingfiled by Sandra Maxim for the installation of an 8 x 8 brick at

    Ranney Park Skate Park to remind skaters to wear helmets inmemory of her son Paul Maxims death at the Skate Park

    iii. Submitting a Request for Recognition of Non-Profit Status in theCity of Lansing submitted by Michigan State AFL-CIO HumanResources Development, Inc.

    iv. Submitting Minutes of Boards and Authorities placed on fileinthe City Clerks Office

    b. Letters from the Mayor re:

    i. Authorizing Issuance of General Obligation Limited Tax Bondsfor Capital Improvements; City Consolidated Garage

    ii. Authorizing Issuance of 2010 Unlimited General ObligationRefunding Bonds

    iii. Authorizing Issuance of Revenue Bonds;; Refunding Part ofthe Outstanding Sewerage Disposal System Bonds

    iv. Emergency Procurement; Repair and Replacement of a FailedStorm Sewer and of Steam Line Supports

    2. COMMUNICATIONS AND PETITIONS, AND OTHER CITY RELATED MATTERS

    a. Letter from the State of Michigan Liquor Control Commissionproviding notice to Drive Thru Mighty Mart Inc. of the affirmation of aprevious denial of its request for extension of time beyond the five (5)year period for the 2009 Specially Designated Merchant license withDrive In Window (with alcoholic beverage sales) issued at 1300 N.Grand River, Lansing

    XVI. MOTION OF EXCUSED ABSENCEXVII. REMARKS BY COUNCIL MEMBERSXVIII. REMARKS BY THE MAYOR OR EXECUTIVE ASSISTANTXIX. PUBLIC COMMENT ON CITY GOVERNMENT RELATED MATTERS (City government

    related matters are issues or topics relevant to the operation or governance of thecity. The public may comment for up to three minutes. Speakers must sign up onyellow form.)

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    XX. ADJOURNMENT

    CHRIS SWOPE, CITY CLERK

    Persons with disabilities who need an accommodation to fully participate in this meeting should contact theCity Clerks Office at (517) 483-4131 (TDD (517) 483-4479). 24 hour notice may be needed for certainaccommodations. An attempt will be made to grant all reasonable accommodation requests.

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    City of LansingNotice of Pub lic HearingThe City Council of the City of Lansing will hold a public hearing on Monday,December 6, 2010 at 7 p.m. in the City Council Chambers, 10th Floor, LansingCity Hall, Lansing, Michigan; for the purpose stated below:To afford an opportunity for all residents, taxpayers of the City of Lansing andother interested persons to appear and be heard on the creation of Lansing PlantRehabilitation District (PRD-0.1-10) as requested by the applicant for the locationindicated below:

    Applicant: Foresight Property Investment LLCPRD Location: 2822 N. Martin Luther King Jr. Blvd, Lansing,Michigan

    PRD Legal Description:LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OFLANSING, INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDEDPLAT THEREOF, AS RECORDED IN LIBER 29, PAGE 41, INGHAM COUNTYRECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;BEGINNING AT THE NORTHERNMOST CORNER OF LOT 1; THENCES5200'30"E, 802.91 FEET ALONG TH E SOUTHW ESTER LY LINE OF THE CSXRAILROAD TO THE EASTERNMOST LINE OF LOT 3; THENCE S0214'42W, 7.60FEET ALONG THE EASTERNMOST LINE OF LOT 3; THENCE 235.43 FEETALONG THE SOUTHER LY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVETO THE LEFT, HAVING A DELTA ANGLE OF 3921'43" AND A CHORD OFN7358'04"W, 61.01 FEET; THENCE S01 55'53"W, 7.72 FEET; THENCEN8804'07"W, 298.97 FEET; THENCE N0158'30"E, 361.76 FEET ALONG THEEAST LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THE POINT OFBEGINNING. CONTAINING 2.35 ACRES, MORE OR LESS .Creation of (PRD-01-10) as requ ested by Foresight Property Investment LLC, willmake certain property investment (real and personal property) within the Districteligible to be included in applications for tax abatements and/or exemptions.Further information regarding this application may be obtained from KenSzymusiak, Economic Development Corporation of the City of Lansing, 401 S.Wash ington Square, Ste. 100, Lansing, Michigan, 48933, (517) 485-5412.Chris Swope, Lansing City Clerk

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    Application for Establishing a\f .: [) Rehabilitation or Development District

    Foresight Property Investment LLCrr -8. P :l 3. %, 2822 N. Martin Luther King, Jr. Blvd .

    PART I - GENERAL INFORMATION1. Name of applicant. If a corporation, include the full corporate name. Identify the finialsrepresentative to whom contact may be made by City officials in processing theapplication. Include telephone num ber.

    Foresight Property Investment LLCContact: Bill Christofferson, 517-749-06702. Street location and legal description of property to be included in the proposed district.2822 N. Martin Luther King Jr., Blvd., Lansing, MI, 48906. - Parcel #: 33-01-01-05-427-003LOT 1 AND PAR T OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LAN SING,INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED PLAT THEREOF, ASRECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MOREPARTICULARLY DESCRIBED AS FOLLOW S; BEGINNING AT THE NORTHERNMOSTCORNER OF LOT 1.; THENCE S5200'30"E, 802.91 FEET. ALONG THESOUTHWESTERLY LINE OF THE CSX RAILROAD TO THE EASTERNMOST LINE OFLOT 3; THENCE S02 . 14'42W, 7.60 FEET ALONG THE EASTERN MOST LINE OF LOT 3;THENCE 235.43 FEET ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOOTRADIUS CURVE TO TH E LEFT, HAVING A DELTA ANGLE OF 3921'43" AND A CHOR DOF N7358'04 "W, 61.01 FEET; THENCE S01=55'53"W, 7.72 , FEET; THENCEN8804'07"W, 298.97 FEET; THENCE N0158'30"E, 361.76 FEET ALONG THE EASTLINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THE POINT OF BEGINNING.CONTAINING 2.35 ACRES, MORE OR LESS.3. General description of the existing facility (if any, number of buildings, type, size, use,products manu factured, etc.). How long has the firm b een in business? At this location?The building (built in the late 1940's and early 50's) was previously occupied by PeckhamIndustries, a not for profit corporation, which u tilized the space f or manufacturing processes.The approxim ately 22,000 square foot building has been determined to be fu nctionally obso letedue to inadequate HVA C as well as the need for updated electrical and plumbing that would benecessary to facilitate modern manufacturing operations. The applicant intends to completelyremod el the building, including a new f acade with landscaping, roof repairs, newheating/cooling systems, as well . substantial electrical and fire suppression upgrades. Theprospective owner, Foresight Property Investment LLC, 1vi1.l lease the facility to Foresight Group.a 100 year oldA ll service printing company. The renovation process w ould include bothexterior and interior features of the property resulting-in a mod ern facility that will secureForesight Groups continued growth in Lansing while bringing a new property which waspreviously not taxable back on the tax roles.4. Type of the property for which the exem ption is being sought.

    R E C E I V E D

    NOV 8 2010

    MIME DRUNKEN 4J

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    Re al property only.5. Ownership of property.

    a. Building (s) ow nedesleased yes. If the property in (a) is leased, is the lessee liable for payment of ad valoremtaxes? Noa Machinery and equipment and furniture and fixtures ownedesleasedes .d. If property in (c) is leased is the lessee liable for ad valorem property taxes? Yes

    6. Provide a general description of the nature and extent of the restoration, replacement or.reconstruction being sought for exemption and indicate whether improvements willincrease production capacity or update obsolete property.The applicant intends to completely remodel the building including a new facade withlandscaping, roof repairs, new heating/cooling systems, as well substantial electrical andfire suppression upgrades.

    7. Describe how your present and proposed facility constitutes a manufacturing process bymaking a physical or chemical change in goods or m aterials.Foresight Group is classified as a manufacturing company via the Standard industrial .Classification code, as they are processor of m aterials into finished print products.Please provide a simple time schedule for comm encement and com pletion of the variousstages of construction and installation of new machinery and equipment.

    . Foresight Property Investment LLC, plans to commence building improvements inNov ember 2010 w ith completion in the spring of 2011.

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    9. Project cost (excluding land): Estimateda. Land improvements $/A. Building improvements $450,000c. Machinery and equipment $/A. Furniture and fixtures $ N/A

    Total Project Cost $450,0000. Will the expenditures for the project described in #9, Part a and b, be more than 10% ofthe true cash value (at the commmencem ent of the project) of the property described in #2-Part T?Y es11. Employment

    a. Total number of employees on project site prior to commencement 'of project.The f acility is currently vacant with no employ ment on site.

    b. Project is expected to result in creation ofadditional full time jobs at ForesightGroup within two ye ars after completion of the facility.c. Project is expected to result in retention of_0xisting jobs.13. Does your company presently operate manufacturing plants or facilities in other locationsin Michigan? If the answer is yes, will the construction, restoration or rehabilitation ofthis plant result in a transfer of employees from other plants located in Michigan to thisfacility?No

    14. ParkingNeeds are met by the current parking at the facility.

    15. If you are requesting establishment of a Rehabilitation District, explain how propertycomprising ` 50% of the property in the proposed district is considered obsolete? (e.g. isthe obsolescence attributed to function, replacement cost, technological changes,production processes,. etc.).The applicant is requesting the creation of a Rehabilitation District: The property hasbeen determined to be firnctionally obsolete by a Lev el ITT A ssessor giving the belowopinion:"The subject property w as originally designed and used as a nzana facturing facility w ithsupporting w arehousing and office space. The inspection of the property reveledphysical deterioration resulting from deferred maintenance, both interior and exterior.The property also suffers from curable functional obsolescence requiring modernization;this is detailed in the contractors estimate. If the subject property is to continue as a

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    manufacturing concern, the plumbing, heating and cooling mechanical systems, alongw ith updates to the electrical system s will need to be performed to provide adequate .m echanical infrastructure support of m odern manuf acturing equipm ent.

    16. What circumstances distinct to your company or to this particular project make ecbnoriiicassistance from the C ity of Lansing in the form of tax abatement necessary and/ordesirable?The redevelopment of the famctionally obsolete property will bring the facility on to thetax roll for the f irst time since its construction, and will allow Foresight Group to occupya modernized f acility to help w ith facture business grow th.

    PART II - ENVIRONMENTAL AND PUBLIC. SERVICE INFORMATION

    1. ' Describe changes in storage methods and/or capacity caused by the . proposedrehabilitation and/or new construction.N/A

    2. Describe changes in current noise levels anticipated within the facility and at the propertyboundaries.N/ADescribe changes in ambient air quality caused by the proposed rehabilitation and/or newconstruction. .N/A

    4 Describe changes in method of both liquid and solid waste disposal caused by proposedrehabilitation and/or new construction, as well as anticipated changes in quantities ofsolid and liquid wastes produced. .Foresight Groups operates as a industrial printing company and will produce waste atthe site, howev er printing technologies have . becom e increasingly environmentallyfriendly and the volume of waste developed at the facility is unlikely to exceed those priorm anufacturing processes on site.

    5. Describe any changes in demand for public utilities to include water, storm and sanitarysewers, electricity and natural gas ca used by the proposed rehabilitation and/or newconstruction. .N/ADescribe any changes proposed which would affect the potential for fire within thefacility or on the site (e.g. storage of highly flammable material).N/A

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    7. 'Does your proposed project require a DN R Air Q uality Permit?N/ ADescribe any proposed site improvements such as landscaping, parking lot, fencing orsimilar physical improvements.Foresight Group will be installing all new landscaping around the facade ofthe b uildingas well as firturepaving of some surface parking areas.

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    Application for Establishing aRehabilitation or Development DistrictForesight Properly Investment LLC2822 N. Martin Luther King, Jr. Blvd

    PART I - GENERAL INFORMATION .1. Name of applicant. If a corporation, include the frill corporate name. Identify the frm/srepresentative to whom contact may be made by City officials in processing theapplication. Include telephone number.

    Foresight Property Investment LLCContact: Bill Christofferson, 517-749-06702. Street location and legal description of property to be included in the proposed district.

    2822 N. Martin Luther King Jr., Blvd., Lansing, MI, 48906. Parcel #: 33-01-01-05-427-003LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OF LANSING,INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDED PLAT THEREOF, ASRECORDED IN LIBER 29, PAGE 41, INGHAM COUNTY RECORDS, BEING MOREPARTICULARLY DESCRIBED AS FOLLOW S; BEGINNING AT THE NORTHERNMOSTCORNER OF LOT 1; THENCE ' S5200'30"E, 802.91 FEET. ALONG THESOUTHWESTERLY LINE OF THE CSX'RAILROAD TO THE EASTERNMOST LINE OFLOT 3; THENCE.S02 . 14'42W, 7.60 FEET ALONG THE EASTERNMOST LINE OF LOT 3;THENCE 235.43 : FEET ALONG THE SOUTHERLY LINE OF LOT 3 AND A 342.70 FOO TRADIUS CURVE TO THE LEFT, HAVING A DELTA ANGLE . OF 3921'43" AND A. CHORDOF N7358'04"W, 61.01. FEET; THENCE S0155'53"W, 7.72 _ FEET; THENCEN8804'07"W, 298.97 FEET; THENCE N01 58'30"E, 361.76 FEET ALONG THE EASTLINE OF MARTIN LUTHER KING, JR. BOULEVARD TO. TH E POINT OF BEGINNING.CONTAINING 2.35 ACRES, MORE OR LESS. .3. General description of the existing facility (if any, number of buildings, type, size; use,products manufactured, etc.). How long has the firm been in business? A t this location?The building (built in the late 1940's and early 50's) was previously occupied by PeckhamIndustries, a not for profit corporation, which utilized the space f or manufacturing processes.The approxim ately 22,000 square foot building has been determined to. be f unctionally obsoletedue to inadequate HI/A C as we ll as the need f or.. updated electrical and plum bing that would benecessary to facilitate modern manufacturing operations. The applicant intends to completelyremo del the building, including a new f acade with landscaping, roof repairs, new.heating/cooling system s, as well substantial electrical and fire suppression upgrades. Theprospective ow ner, Foresight. Property Inv estm ent L L C, w ill lease the facility to-Foresight Groupa 100 year old fiill service printing company. The renovation process would include bothex terior and interior features of th e p roperty resulting . in a m odern facility.that will secureForesight Groups continued growth in Lansing w hile bringing a neH> property w hich w aspreviously not taxable back on the tax roles.

    4.. Type of the property for which the exem ption is being sought.

    2 OIO' -s 20. PIECE ED

    NOV 8 20MOlga IDEVELOPMENTCOM

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    Real property only .5. Ownership of property.

    a. Building (s) ow nedeseased yes. If the property in (a) is leased, is the lessee liable for payment of ad valoremtaxes? Noc. Machinery and equipment and furniture and fixtures owned yesleasedes.d. If property in (c) is leased is the lessee liable for ad valorem property taxes? Yes

    6. Provide a general description of the nature and exte nt of the restoration, replacement orreconstruction being sought for exemption and indicate whether improvements willincrease production capacity or update obsolete property.The applicant intends to com pletely remod el the building, including a new facade withlandscaping, roof repairs, new heating/cooling sy stem s, as well subs tantial electrical andfire suppression upgrades.

    7. Describe how your present and proposed facility constitutes a manufacturing process bymaking a physical or chemical change in goods or materials.Foresight Group is classified as a manufacturing company via the Standard industrialClassification code, as they are processor of M aterials into f inished print products.

    8. Please provide a simple time schedule for commencement and com pletion of the variousstages of construction and installation of new machinery and equipment.Foresight Pr, operty Investm ent LL C, plans to comm ence building improvem ents inNovember 2010 with completion in the spring of 2011.

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    9. Project cost (excluding land): Estimateda. Land improvements $/A' .b. Building improvements $450,000c. Machinery and equipment $/A. Furniture and fixtures $/A

    Total Project Cost $450,0000. Will the expenditures for the project described in #9, Part a and b, be more than 10% ofthe true cash value (at the commencement of the project) of the property described in. #2-Part I?Y es11. Employment

    a. Total mnber of employees on project site prior to commencement of project.The f acility is currently v acant with no em ploym ent on site.

    b. Project is expected to result in creation of _0 additional full time jobs at ForesightGroup within two years after completion of the facility. .c. Project is expected to result in retention of0xisting jobs.13. Does your company presently operate manufacturing plants or facilities in other locationsin Michigan? If the answer is yes, will the construction, restoration or rehabilitation ofthis plant result in a transfer of employees from other plants located in Michigan to thisfacility?N o

    14. ParkingN eeds are met by the current parking at the facility.

    15. If you are requesting establishment of a Rehabilitation District, explain how propertycomprising 50% of the property in the proposed district is considered obsolete? (e.g. isthe obsolescence attributed to function, replacement cost, technological changes,production processes, etc.).The applicant is requesting the creation of a Rehabilitation District. The property hasbeen determined to be functionally obsolete by a L evel. IT/A ssessor giving the belowopinion:"The subject property was originally designed and used as a manufacturing facility withsupporting w arehousing and off ice space. The inspection of the property rev eledphysical deterioration resulting front deferred maintenance, both interior and exterior.The property also suffers from curable functional obsolescence requiring modernization;

    this is detailed in the contractors estimate. If the su bject property is to continue as a

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    m anufacturing concern, the plum bing, heating and cooling m echanical systen2s, alongw ith updates to the electrical systems w ill need to be performed to provide adequatem echanical infrastructure support of m odern manuf acturing equipm ent. "16. What circumstances . distinct to your company or to this particular project make economic

    assistance from the City of Lansing in the form of tax abatement necessary and/ordesirable?The redevelopment of the functionally obsolete property will bring the facility on to thetax roll for the first time since its con struction, and w ill allow Foresight Group to occupya modernized facility to help with future business growth.

    PART II - ENVIRONMENTAL AND PUBLIC SERVICE INFORMATION

    1. Describe changes in storage methods and/or capacity caused by the proposedrehabilitation and/or new construction. .N/A

    2.ribe changes in current no ise levels anticipated w ithin the .facility and at the propertyboundaries.N/A

    3. Describe changes in ambient air quality caused by the proposed rehabilitation and/or newconstruction.N/A

    4. Describe changes in method of both liquid and solid waste disposal caused by proposedrehabilitation and/or new construction, as well as anticipated changes in quantities ofsolid and liquid wastes produced.Foresight Groups o perates as a industrial printing company and will produce waste atthe site, howev er printing technologies have becom e increasingly env ironm entallyfriendly and the volume of waste developed at the facility is unlikely to exceed those priorn2anz f acturing processes on site.

    5.hanges in demand for public utilities to include water, storm and sanitarysewers, electricity and natural gas caused by the proposed rehabilitation . and/or newconstruction.N/A

    Describe any changes proposed which would affect the potential for fire within thefacility or on the site (e.g. storage of highly flammable material):11/A

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    7. Does your proposed project require a DNR Air Quality Permit?N/A

    8. Describe any proposed site improvements sticli as landscaping, parking lot, fencing orsimilar physical improvements. .Foresight Group will be ins talling all new landscaping around the f acade of the buildingas well as ,tuf=e-repaving of some surface parking areas.

    /7- 3'

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    X X12City of LansingNotice of Public H earing

    The Lansing City Council will hold a public hearing on December 6, 2010 at 7p.m. in the City Council Chambers, 10th Floor, Lansing City Hall, Lansing, MI, forthe purpose stated below:

    To afford an opportunity for all residents, taxpayers of the City ofLansing, other interested persons and ad valorem taxing units toappear and be heard on the approval of an Industrial FacilitiesExemption Certificate (IFT-02-10) requested by the applicantindicated below:Applicant: Foresight Property Investment LLCLocation: 2822 N. M artin Luther King Jr. Blvd.Property Description: Parcel #: 33-01-01-05-427-003

    LOT 1 AND PART OF LOTS 2 AND 3, ASSESSORS, PLAT NO. 57, CITY OFLANSING, INGHAM COUNTY, MICHIGAN, ACCORDING TO THE RECORDEDPLAT THEREOF, AS RECORDED IN LIBER 29, PAGE 41,' INGHAM COUNTYRECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;BEGINNING AT THE NORTHERNMOST CORNER OF LOT 1; THENCES5200'30"E, 802.91 FEET ALONG TH E SOUTHW ESTER LY LINE OF THE CSXRAILROAD TO THE EASTERNMO ST LINE OF LOT 3; THENCE S0214'42W, 7.60FEET ALONG THE EASTERNMOST LINE OF LOT 3; THENCE 235.43 FEETALONG THE SOUTHER LY LINE OF LOT 3 AND A 342.70 FOOT RADIUS CURVETO THE LEFT, HAVING A DELTA ANGLE OF 3921'43" AND A CHORD OFN7358'04"W, 61.0.1 FEET; THENCE S0155'53"W, 7.72 FEET; THENCEN8804'07"W, 298.97 FEET; THEN CE N01 .58'30"E, 361.76 FEET ALONG THEEAST LINE OF MARTIN LUTHER KING, JR. BOULEVARD TO THE POINT OFBEGINNING. CONTAINING 2.35 ACRES, MORE OR LES S.Approval of an Industrial Facilities Exemption Certificate (IFT-02-10) requestedby Foresight Property Investment LLC will result in the abatement of real and/orpersonal property taxes located within the subject property. Further informationregarding this application for property tax abatement may be obtained from KenSzymusiak, Economic Development Corporation of the City of Lansing, 401 S.Wash ington Sq., Suite 100, Lansing, Michigan, 48933, 517-485-5412:Chris Swope, Lansing City Clerk

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    Michigan Department of Treasury1012 (Rev. 3-07) RECEIVEDApplication for Indu str ial Fac i l it ies Tax Ex em ption Ce rtif icateIssued under authority of P.A. 198 of 1974, as am ended. Filing is mandatory. NO V 1 'r 20 tlINSTRUCTIONS; File the original and two copies of this form and the required attachments (three complete sets with the clerk of thelocal government unit, The State Tax Comm ission (STC) requires two complete sets (one original an z tLI "' )Jdlol$yrfir^etlli^iedby the clerk. If you have any questions regarding the completion of this form or would like to request an informational packet, call (517)373-3272.. c i p ^, ,L z.l It "^ '^ }' lit d^ r1.1)1itsjJtt [^ r, t(/ i-(; i41.1)1its1 -tv' :,. I"d ' 'Iq V':: Jrili tlVi 4A4 ^ r"fi ^ rl AP . "Y, . . ' !A' ':m -Ar.:Tnl^'e' ? uni; .11.1111 e. ql- 1 ...I3lYLd . h4 "Al i : : ,! ' ' I 'Ti!ry^ of 1 : F .I F 55Ck^ el. N^" '(^ 6 . f ' . ' I fh. i ' 1^ t i". ,Ga r '! -Ir. li!i, r,il lgI r '114 16. I Yt al9 r o Iv rl.,^.t Ili I t ''I 1:^II.,; ,k^i 1. $,i .I..l 4e:.Clen. ' o c el;m n " ..r,fl ti I.I I . r.l,,.:.ln 1i.4.:,;1n.a"dd^nr",^n,:n^'TII ,',.I..:,..a, lnad9u:..1 ." .oLu:PCi u.,.@:o I!t,lll^lel ^I,cllll^i'IItW.iI.I)t^.,nVal,.atlLkll.h'na Ik^^eellsaeaalllL,r,Na "I : I :;:nIL)' Date received by Local UnitSignature of,Grle//Iv- l ^n. nA :,: r'e I. ,A 7 ' Iii p a"f+ .'1 :K I ^r T:tu; +:; ,,r^tir 'r:a'.a:a':;, :,,,.r l !,;,, is ,^ Y I Y"!:' C nt4h ^..I ^t, ..1^ LV+ 't 'I I .r. ,r.,l'+rSi i9 rtl . .I IL.I I .1 uW f.h"' li': "I I'^Ir% G I( pUl:l "n. ! I ,.II:n I, U. nl. qq I ^4'i 11 '.I I,f, G.,^. I,uil ni4.1 I . F ( ^1!V'! r :t l ' i lC l$ 1 t I1^Il '1^ dun '^ yIr I ^+ .I' lll,t. 9, ^Ilitl p.{'pd .,^'' I. ^ .III= nil^" ,.r ^ it l' I , t f ., ' r, IV :, .I l: r. ,^^' I I^!E:III .ILt.IJ I . - "'I CtJse 0 I ^ Ifu. V' 1:1'Ihl,II ^'^II. ;! ^ I^, I ^.A P: f1 i 1C, Hy I. .,J I L Iu67 dl Il ^:^: ,Nil: :I I.I!e .6,j ^, u.. N I I 'I. r i ..V;ii' *I! .i. ^ s7.,.. I I ..I ..m. I. rl ^ lt lj.l il II't ..1.,..^'r..':III^I'::u tal{ ' .I.L.rprN,^n^!u^,Iq/u^l l ; i r faJ,I :rb ' , lai ' ' sl!1,dr'IJu`'nL^Incf4.,LLr:^o:d,l ,xW1,^,, ,^: luL, l,.l^tall^u^.,^.J,LL.,1!,^I1...,a..L^^^S!Ik^^,,,,.L.^nLl..^l.t"Ilan.u;,enrn.ln1

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    1012, Page 2APPLICANT CERTIFICATION - complete all boxes.The undersigned, authorized officer of the company making this application certifies that, to the best of his/her knowledge, no Information containedherein or in the attachments hereto is false In any way and that all are truly descriptive of the industrial property for which this application is beingsubmitted.It Is further certified that the undersigned is familiar with the provisions of P.A. 198 of 1974, as amended, being Sections 207.551 to 207,572, inclusive,of the Michigan Compiled Laws; and to the best of his/her knowledge and belief, (s)he has complied or will be able to comply with all of therequirements thereof which are prerequisite to the approval of the application by the local unit of government and the issuance of an Industrial FacilitiesExemption Certificate by the State Tax Commission.13a. Preparer NameBill Christofferson

    13b. Telephone Number(517) 485-570013c. Fax Number(517) 485-0202 13d. E-mail [email protected]

    14a, Name of Contact Person 14b. Telephone Number 14c. Fax Number 14d. E-mail AddressBill Christofferson (517) 485-5700 (517) 485-0202 bilic@foreslghtgr,comIt 15a. Name of Company Off icer (No Authorized Agents)Bill Christoffe^rsotT'

    156. Sigrftuxe Company (No Autho ' d Agents)`

    15c. Fax Number(517) 485-0202 15d. Datef^ l6-/77t+ 1 Mailing es^(Stria ty, Stale, ZIP Code) 15F. Telephone Number 15g. E-mail Address619 E. Hazel St., =nsing, MI, 48912 (517) 703-2188 [email protected] GOVERNMENT ACTION & CERTIFICATION -. complete all boxes.This section must be completed by the clerk of the local governing unit before submitting application to the State Tax Commission. Check items on fileat the Local Unit and those included with the submittal.

    } 16. Action taken by local government unit.

    166. Th e State Tax Commission Requires the following documents be filed for anadministratively complete application:Abatement Approved for Years (1-12) Check or Indicate NIA if Not ApplicableAfter Completion Yes No

    Dented (Include Resolution Denying)____

    -

    1. Original Application plus attachments, and one com plete copy2. Resolution establishing district3. Resolution approving/denying application.4. Letter of Agreement (Signed by local unit and applicant)

    (Signed Y. Affidavit of Fees b local unit and applicant)6. Building Permit for real improvements if project has already begun7. Equipment List with dates of beginning of installation8. Form 3222 Of applicable)9 Speculative building resolution and affidavits (if applicable)

    19a.CheckDocuments Required to be o n file with the Local Unitor indicate N/A if Not Ap plicable1. Notice to the public prior to hearing establishing a district..2. Notice to taxing authorities of opportunity for a hearing.3. List of taxing authorities notified for district and application action.4. Lease Agreement showing applicants tax liability,

    lac. LUCI Code 16d. School Code

    17. Name of Local Government Body J. 18. Date of Resolution Approving/Denying this ApplicationAttached hereto is an original and one copy of the application and all documents listed in 16b. i also certify that all dominants listed in 16aare on file at the local unit for inspection at any time.19a. Signature of Clerk ' 19b. Name of Clerk

    Chris Swope19c. E-mall Addressclerklansingrni.gov

    19d. Clerk 's Mailing Address (Street, City, State, ZIP Code)124 W. Michigan Ave., Lansing, MI, 4893319e. Telephone Number(517) 483-4131 191, Fax Number(517) 377-0068

    State Tax Commission Rule Number 57: Complete applications approved by the local unit and received by the State Tax Commission by October 31each yea .- will be acted upon by December 31. Applications received after October 31 may be acted upon in the following year.Local Unit: Mall one original and one copy of the completed.applloatlon and all required attachments to:State Tax Commission

    ' Michigan Department of TreasuryP.O. Box 30471Lansing, MI 48909-7971(For guaranteed receipt by the ST C, it is recommended that ap plications are sent by certified mail,)1!'.I I I.!;Y 1^ 10' '({' '1 II.NI .^ N. t .tl Il^ : I ta I ,. t..4 J..uI 4,I , w .. tr ^ , 1 ktr. -. f H, i^l.. L . D dL d ,NiI^.1 LUCI Code

    i I I -' I'. w y^ ir"11P r t,' ^ h 3 w ir a, I^ qI li't13r3iliI t 1' 1'I^i l^IMMIl^r it lr . l ^ry(S^dTlNa^ytil 's^a^ Y) ' Begin Date Real 1 Begin Date Personal lw,iiOWRi6YONSINulrau'@ni IE Ili fl N l e iIai S ': ( I lNgM1 End Date Real } End Date Personal

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    Foresight Property Investment LLC - 2822 N. Martin Luth er King Jr. Blvd.P.A. 198 - Industrial Rehabilitation

    General Project D escriptionThe building (built in the late 1940's and early 50's) was previously occupied byPecldiam Industries which utilized the space for manufacturing processes. Theapproximately 22,000 square foot building has been determined to be functionallyobsolete due to inadequate HVAC as well as the need for updated electrical and plumbingthat would be necessary to facilitate modem manufacturing operations. The applicant iscurrently the prospective owner of the property and intends to com pletely remodel thebuilding, including a new facade with landscaping, roof repairs, new heating/coolingsystems, as well substantial electrical and fire suppression upgrades. The prospectivetenant, Foresight Group, will utilize the property for the expansion of its printingoperations. The renovation process would include both exterior and interior features ofthe property resulting in a modem facility that will secure the company's continuedgrowth in Lansing while bringing anew property which w as previously not taxable backon the tax roles.'The petitioner has estimated the renovation costs at approximately $450,000.Renovations are scheduled to be com pleted by Spring 2011. The renovation estimateincludes:Demolition, HV AC Electrical. Plumbing, Carpentrv, etc. of below:Landscaping $ 11,000Exterior Facade / Roof Repairs $ 47,500Interior Build-out I Rem odel $ 155,000HVAC $ 79.000Plumbing/Sprinklers/Grey W ater $46,500Electrical/Lighting/Comm. $108,500Plus architectural drawings, permits, etc.

    '

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    CITY OF LANSINGNOTICE OF PUBLIC HEARINGAMENDMENTS TO THE PLANNING AND ZONING CODE

    The Lansing City Council will hold a public hearing on Monday, December 6,2010, at 7:00 p.m. in Council Chambers, Tenth Floor, Lansing City Hall, 124West Michigan Avenue, Lansing, Michigan, to consider an amendment to Section1298.07 of Title Six, "Zoning," of Part Twelve, of the Planning and Zoning Code,being Part 12 of the Lansing Code of Ordinance to clarify the existing Ordinancelanguage and to require that applications for new wireless communication towersinclude evidence of a lease or an option to lease agreement with atelecommunications provider.For more information about this ordinance amendment phone City CouncilOffices on City business days, Monday through Thursday, between 8 a.m. and 5p.m. at 483-4177. If you are interested in this matter, please attend the publichearing or send a representative. Written comments will be accepted between 8am. and 5 p.m. on City business days if received before 5 p.m., Monday,December 6, 2010, at the City Council Offices, Tenth Floor, City Hall, 124 WestMichigan Avenue, Lansing, MI 48933-1696.Chris Swope, Lansing City Clerk

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    Wireless Communications Towers - Ordinance AmendmentsPage 1Draft # 3 October 18, 20101 ORDINANCE NO.2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND SECTION3 1298.07 OF TITLE SIX, "ZONING," OF PART TWELVE, OF THE LANSING CODIFIED4' ORDINANCES TO CLARIFY THE EXISTING ORDINANCE LANGUAGE AND TO

    REQUIRE THAT APPLICATIONS FOR NEW WIRELESS COMMUNICATION TOWERSINCLUDE EVIDENCE OF A LEASE OR AN OPTION TO LEASE AGREEMENT WITH A

    7 TELECOMMUNICATIONS PROVIDER.8 THE CITY OF LANSING ORDA INS:9 Section 1. That Chapter 12, Section 1298.07of the Codified Ordinances of the City of

    10 Lansing, Michigan be and is hereby amended as follows:11 1298.07. Special land use perm its.1213 (a) General. The following provisions shall govern the issuance of special14 land use permits for towers or antennas by the Council following review15 and recommen dation by the Planning Board:16 (1) If the tower or antenna is not a permitted use under Section17 1298.05 of this chapter, then a spe cial land use permit shall be18 required for the construction of a tower or the placement of an19 antenna in all zoning districts.20 (2) Applications for special land use perm its under this section shall be21 subject to the procedures and requirements of Ch apter 1282,22 Special Land Use Permits, of the Zoning Code, except as modified23 in this section.

    1

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

    (3) In granting a special land use permit, the Council may impose2 conditions to the extent the co uncil concludes such cond itions are

    necessary to minimize any adv erse effect of the proposed tower onadjoining properties. In addition to any o ther conditions, councilmay require an applicant to post with the city clerk cash, a certifiedcheck, an irrevocable letter of credit issued by a bank , or a suretybond in an am ount sufficient to pay for the remov al of the tower incase the tower is abandoned as set forth in Section 1298.09. Thesurety bond shall be open ended and shall be executed by theapplicant and a U nited States based corporate surety authorized todo business in this state as a surety. Any surety bond or irrevocableletter of credit shall be in a form approved by the C ity Attorney,

    13 and shall be made payable to the City. In the event that an14 abandoned tower is removed at the applicant's expense, the bond,15 instrument of credit, cash deposit or certified check shall be16 released to the applicant.17 (4) Any information of an eng ineering nature that the applicant18 submits, whether civil, mechanical, or electrical, shall be certified19 by a licensed professional engineer.20 (5) An applicant for a special land use. permit shall submit the21 information described in this section, the information described in22 fSection-1298.04, and, in addition to any other fee required by23 law, a refundable fee as established by resolution of the Council to

    456

    910

    12

    2

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    23456

    89

    10111213

    14151617181920212223

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

    reimburse the City for the costs and expenses incurred in reviewingthe application. No application for a special land use permit shallbe considered by the Planning B oard until all conditions requiredin the resolution of council shall have been m et.

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

    applications for special land use permits pursuant to Chapter 1282,Special Land Use Pennits, of the ZONING Code, applicants for aspecial land use permit for a tower shall submit the followinginformation with the application or, with respect to OTHERinformation deemed by the zoning administrator to be necessary toassess compliance with this CHAPTER ordinancechapter]pursuant to subsection (i), as soon as reasonably practicable as

    detellnined by the zoning administrator:(i) A scaled site plan clearly indicating the location, type and

    height of the proposed tower, on-site land uses and zoning,adjacent land uses and zoning (including when ad jacent toother mu nicipalities), comprehensive plan classification ofthe site and all properties within the applicable separationdistances set forth in subsection 1298.07(b)(5), adjacentroadways, proposed mea ns of access, setbacks fromproperty lines, elevation drawings of the proposed towerand any other structures, topography, parking, and other

    3

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    1011121314151617181920212223

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

    information deemed by the zoning administrator to benecessary to assess compliance with this ordinance[chapter].

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

    (iii) The setback distance between the proposed tower and thenearest residential unit, platted residentially zonedproperties, and unplatted residentially zoned properties.

    ( iv) The separat ion distance from other towers described in theinventory of existing sites submitted pursuant to subsection1298.04(c) shall be shown on an updated site plan or map.The applicant shall also identify the type of construction ofthe existing tower(s) and the owner/operator of the existingtower(s), if known.

    (v ) A landscape plan showing specific landscape materials.(vi) Metho d of fencing, and finished color and , if applicable,

    the method of camouflage and illumination.(vii) A description of compliance with subsections 1298.04(c),

    (d), (e), (f), (g), (k), and (1), 1298.07(b)(4), 1298.07(b)(5)and all applicable federal, state or local laws.

    (viii) A notarized statement by the applicant as to whetherconstruction of the tower will accommodate collocation ofadditional antennas for future users.

    4

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    Wireless Communications Towers - Ordinance AmendmentsPage 5Draft # 3 October 18, 2010

    1 (ix), Reserved. EVIDENCE AT THE TIME OF2 APPLICATION OF A LEASE OR AN OPTION TO3 LEASE BY A TELECOMMUNICATIONS PROVIDER

    WITH THE OWNER OF THE PROPERTY INQUESTION.

    (x) A description of the suitability of the use of existingtowers, other structures or alternative technology notrequiring the use of towers or structures to provide theservices to be provided through the use of the proposednew tower, INCLUDING SPECIFICS AS TO WHY SUCH

    TOWERS, STRUCTURES OR ALTERNATIVETECHNOLOG IES ARE NOT SUITABLE OR FEASIBLEIN LIEU OF A TOWER

    14 (xi) A description of the feasible location(s) of future towers or15 antennas within the city based upon existing physical,16 engineering, technological or geo graphical limitations in17 the event the proposed tower is erected.18 (2 ) Factors considered in granting special land use permits for towers.19 In addition to any standards fo r consideration of special land use20 permit applications pursuant to Chapter 1282, Special Land Use21 Permits, of the Zoning Code, the Council may consider the22 following factors and any other factors allowed by law in23 determining whether to issue a special land use permit, although

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    Wireless Communications Towers - Ordinance AmendmentsPage 6Draft # 3 October 18, 20101 the Council may waive or reduce the burden on the applicant of2 one or more of these criteria if the Council concludes that the goals3 of this chapter are better served thereby:4 (i) Height of the proposed tower;5 (ii) Proximity of the tower to residential structures and6

    (iii)residential district boundaries;Nature of uses on adjacent and nearby properties;

    8 (iv) Surrounding topography;9 (v) Surrounding tree coverage and foliage;

    10 (vi) Design of the tower, with particular reference to design11 characteristics that have the effect of reducing or12 eliminating visual obtrusiveness;13 (vii) Proposed ingress and egress; and14 (viii) EVIDENCE AT THE TIME OF APPLICATION OF A15 LEASE OR AN OPTION TO LEASE BY A16 TELECOMMUNICATIONS PROVIDER WITH THE17 OWN ER OF THE PROPERTY IN QUESTION, AND18 (IX) Availability of suitable existing towers, other structures, or19 alternative technologies not requiring CONSTRUCTION20 OF A NEW TOWER the towersse of or structures, as21 discussed in subsection 1298.07(b)(3) of this chapter.22 (3) Availability of suitable existing towers, other structures, or23 alternative technology. No new tower shall be permitted unless the

    6

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    12

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    Wireless Communications Towers - Ordinance AmendmentsPage 7Draft #, 3 October 18, 2010

    applicant demonstrates to the reasonable satisfaction of the Councilthat no existing tower, structure or alternative technology that do esnot require the use of towers or structures can accommodate theapplicant's proposed antenna. An applicant shall submitinformation requ ested by the coun cil related to the availability ofsuitable ex isting towers, other structures or alternative technology.Evidence submitted to dem onstrate that no existing tower,structure or alternative technology can accom modate theapplicant's proposed antenna m ay consist of any of the following:(i) No existing towers or structures are located within the

    geographic area which meets the app licant's engineeringrequirements.

    (ii) Existing towers or structures are not of sufficient height tomeet the applicant's engineering requirements.Existing towers or structures do not have sufficientstructural strength to support the app licant's proposedantenna and related equipment.

    (iv) The applicant's proposed antenna would causeelectromagnetic interference with the antenna on theexisting towers or structures, or the antenna on the existingtowers or structures would cause interference with theapplicant's proposed antenna. 0

    7

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    Wireless Communications Towers - Ordinance AmendmentsPage 8Draft # 3 October 18, 2010(v) The fees, costs, or contractual provisions required by the

    owner in order to share an existing tower or structure or toadapt an existing tower or structure for sharing areunreasonable. Costs exceeding new tower development arepresumed to be unreasonable.

    (vi) The applicant demonstrates that there are other limitingfactors that render existing towers and structuresunsuitable.

    (vii) The applicant demonstrates that an alternative technologythat does not require the use of towers or structures, such asa cable microcell network using multiple low-poweredtransmitters/receivers attached to a wireline system, isunsuitable. Costs of alternative technolo v that exceed new

    14 tower or antenna development shall not be presumed to15 render the technology unsuitable.16 (4) Setbacks. The following setback requirements shall apply to all17 towers for which a special land use permit is required; provided,18 however, that the Council may reduce the standard setback19 requirements if the goals of this chapter would be better served20 thereby:

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    10111213

    21 (i)2223

    Towers must be set back a distance equal to at least 75percent of the height of the tower from any adjoining lotline.

    8

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    23

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    Wireless Communications Towers - Ordinance AmendmentsPage 9Draft # 3 October 18, 2010

    (ii) Guys and accessory buildings must satisfy the minimumzoning district setback requirements.

    (5) Separation. The following separation requirements shall apply toall towers and antennas for which a special land use permit isrequired; provided, however, that the Council may reduce thestandard separation requirements if the goals of this chapter wouldbe better served thereby.(i) Separation from off-site uses/designated areas.

    (a) Tower separat ion sha ll be measured from the baseof the tower to the lot line of the off-site uses and/ ordesignated areas as sp ecified in Table 1, except asotherwise provided in Table 1.

    (b ) Separation requirements for towers shall complywith the minimum standards established in Table 1.

    Table 1:TABLE INSET:

    Off-Site Use/Designated Area Separation Distance

    Single-family or duplex residen tial units 1 100 feet or 150 percentheight of tower whichever isgreaterVacant single-family or duplex residentially

    zoned land which is either platted or haspreliminary subdivision plan approval whichis not expired100 feet or 150 percentheight of tower 2 whicheveris greater

    Vacant unplatted residentially zoned lands3

    100 feet or 100 percentheight of tower whichever is

    9

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    12345

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    Wireless Communications Towers - Ordinance AmendmentsPage 10Draft # 3 October 18, 2010greater

    Existing multifamily residential units greaterthan duplex units100 feet or 100 percentheight of tower whichever isgreater

    Nonresidentially zoned lands ornonresidential uses None; only setbacks apply

    1 Includes modular homes and m obile homes used for living purposes.2 Separation measured from base of tower to closest building setback line.3 Includes any u nplatted residential use properties without a valid

    preliminary subdivision plan or valid development plan approval and anymulti-family residentially zone d land g reater than duplex.

    (ii) Separation distances between towers.(a) Separation distances between tow ers shall be

    applicable for and measured between the proposedtower and p reexisting towers. The separationdistances shall be measured b y drawing orfollowing a straight line between the base of theexisting tower and the proposed base, pursuant to asite plan, of the proposed tower. The separationdistances (listed in linear feet) shall be as shown inTable 2.

    Table 2:TABLE . INSET:

    10

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    1234

    6789

    10111213

    Wireless Communications Towers - Ordinance AmendmentsPage 11Draft # 3 October 18, 2010

    Existing Towers--TypesLattice Guyed Monopole 75 feet in

    height or greaterMonopole less than75 feet in heightLattice 5,000 5,000 1,500 750

    Guyed 5,000 5,000 1,500 750Monopole75 feet inheight orgreater

    1 ,500 1 ,500 1 ,500 750

    Monopoleless than75 feet inheight

    75 0 75 0 750 750

    (6 ) Security fencing. Towers shall be enclosed by security fencing notless than six feet in height and shall also be equ ipped with anappropriate anti-climbing device; provided however, that thecouncil may w aive such requirements, as it deems appropriate.

    (7 ) Landscaping. The following requirements shall govern thelandscaping surrounding towers for which a special land usepermit is required; provided, however, that the Cou ncil may waivesuch requirements if the goals of this chapter would be betterserved thereby.(i) Tower facilities shall be landscaped w ith a buffer of plant

    materials that effectively screens the view o f the towercompound from property used for residences. The standard

    11

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    Wireless Communications Towers - Ordinance AmendmentsPage 12Draft # 3 October 18, 2010

    buffer shall consist of a landscaped strip at least four feetwide outside the perimeter of the compo und.

    (ii) In locations where the visual impact of the tower would beminimal, the landscaping requirement m ay be reduced,deferred, or waived.Existing mature tree growth and natural land forms on thesite shall be preserved to the max imum e xtent possible. Insome cases, such as towers sited on large, wooded lots,natural growth around the property perimeter may be asufficient buffer; in these cases, landscaping may bedeferred during the time period that the natural growthprovides a sufficient buffer.

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

    14 inconsistent with the provisions hereof are hereby repealed.15 Section 3. Should any section, clause or phrase of this ordinance be declared to be16 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof17 other than the part so declared to be invalid.18 Section 4. This ordinance shall take effect on the 30th day a fter enactment, unless given19 immediate effect by City Council.

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    9101112

    12

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    CITY OF LANSINGNOTICE OF PUBLIC HEARINGNOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday,Decem ber 6, 2010 at 7:00 P.M. in the City Council Chambers, 10th Floor LansingCity Hall, 124 W. Michigan Ave., Lansing, MI for the purpose of considering anOrdinance of the City of Lansing, Michigan to Add Chapter 876 to the LansingCodified Ordinances by imposing a moratorium on the issuance of licenses formedical marihuana establishments.This Ordinance provides that the moratorium will not apply to existing medicalmarihuana establishmen ts, which are limited to the following:

    Alternative Choice C linic located at 2310 Ea st Michigan Avenue Capital City Caregivers/Capital City Growers Supply located at 2208 EastMichigan Avenue Capitol City Compassion Club located at 2010 East Michigan Avenue^ Clinical Relief located at 2617 Ea st Michigan Avenue Cloud 9 located at 3413 South Cedar S treet Com passionate Apothecary of Lansing located at 2201 Ea st MichiganAvenue Grand. River Alternative Medicine located at 711 East Grand R iver Avenue Green Cross located at 2019 East M ichigan Avenue Helping Hands located at 4100 South Ceda r Street Hom emade H ydroponics/Alternative Medicine located at 930 East Mt.Hope Hydroworld located at 4513 South M artin Luther King Blvd; 700 W est

    Barnes Avenue; and 407 East Grand R iver Avenue The Kushion located at 605 East Michigan AvenueMid Michigan Caregivers located at 718 W est Saginaw Street The Popcorn Bag located at 1824 East Michigan Avenue Turtle's located at 2121 E ast Michigan Avenue Victoria's Club M ed-A-Sin located at 1039 North Ceda r Street Your He alth Choice located at 628 East Michigan AvenueEXISTING MEDICAL MARIHUANA ESTABLISHMENTS IN THE CITY OFLANSING NOT ON THIS LIST SHOULD CONTACT THE CITY CLERK'SOFFICE AT 483-4135 OR KREEVESna LANSINGMI.GOV BEFORE THEMOR ATORIUM IS PUT INTO EFFECT.For more information please call 483-4177.Interested Persons are invited to attend this Public HearingCHRIS SWOP E, LANSING CITY CLERK

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    DRAF11

    CITY COUNCIL (INTRODUCTORY ) DRAFT #1NOVEMBER 29, 2010

    ORDINANCE NO.2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO ADD CHAPTER3 876 TO THE LANSING CODIFIED ORDINANCES BY IMPOSING A MORATORIUM ON4 THE ISSUANCE OF LICENSES FOR MEDICAL MARIHUANA ESTABLISHMENTS.

    THE CITY OF LANSING ORDAINS:Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,

    7 Michigan, to read as follows:CHAPTER 876. MEDICAL MARIHUANA ESTABLISHMENTS876.01. LEGISLATIVE FINDINGS

    10 THE CITY COUNCIL HAS DETERMINED THAT:11 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT12 EXPLICITLY ADDRESS THE OPERATION OF MEDICAL MARIHUANA13 ESTABLISHMENTS.14 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING15 THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION.16 (c) THE CITY IS DILIGENTLY STUDYING ITS OPTIONS WITH RESPECT TO17 REGULATION OF OTHER ACTIVITY RELATING TO THE MICHIGAN MEDICAL18 MARIHUANA ACT, WHICH REQUIRES CAREFUL CONSIDERATION OF THE19 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOR THE CITY.20 (d) A MORATORIUM ON NEW MEDICAL MARIHUANA ESTABLISHMENTS UNTIL21 THE CITY HAS COMPLETED ITS STUDY OF THE MICHIGAN MEDICAL MARIHUANA

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    CITY COUNCIL (INTRODUCTORY ) DRAFT #1NOVEMBER 29, 2010

    1 ACT AND ITS IMPLICATIONS FOR THE CITY IS IN THE BEST INTEREST OF THE2 PUBLIC HEALTH, SAFETY, AND WELFARE.3 876.02. DEFINITIONS4 (1) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL5 333.26421 ET SEQ., SHALL HAVE THE MEANING GIVEN IN THE MICHIGAN MEDICAL6 MARIHUANA ACT.7 (2) "MEDICAL MARIHUANA ESTABLISHMENT" MEANS ANY NONRESIDENTIAL8 LAND USE INVOLVING THE GROWTH, DISTRIBUTION, STORAGE, OR USE OF

    MARIHUANA.10 876.03. LICENSE REQUIRED11 NO PERSON SHALL BEGIN OPERATING A MEDICAL MARIHUANA ESTABLISHMENT12 AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS ORDINANCE WITHOUT FIRST13 HAVING OBTAINED A LICENSE TO DO SO FROM THE CITY CLERK'S OFFICE.14 876.04. MORATORIUM15 THE CITY CLERK SHALL NOT ISSUE ANY LICENSE UNDER THIS CHAPTER DURING16 THE YEAR FOLLOWING THE EFFECTIVE DATE OF THIS ORDINANCE UNLESS AN17 ORDINANCE REGULATING MEDICAL MARIHUANA ESTABLISHMENTS HAS BEEN18 ADOPTED TO SUPERSEDE IT. D19 876.05. MEDICAL MARIHUANA ESTABLISHMENTS IN OPERATION20 THERE SHALL BE A REBUTTABLE PRESUMPTION THAT ANY MEDICAL21 MARIHUANA ESTABLISHMENT NOT LISTED IN THIS SECTION WAS NOT22 OPERATING ON THE EFFECTIVE DATE OF THIS ORDINANCE. MEDICAL

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    CITY COUNCIL (INTRODUCTORY ) DRAFT #INOVEMBER 29, 2010

    1 MARIHUANA ESTABLISHMENTS RECOGNIZED BY THE CITY AS BEING IN2 OPERATION PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE ARE:

    (a ) "ALTERNATIVE CHOICE CLINIC" LOCATED AT 2310 EAST4 MICHIGAN AVENUE;5 (b ) "CAPITAL CITY CAREGIVERS/CAPITAL CITY GROWERS SUPPLY"'

    LOCATED AT 2208 EAST MICHIGAN AVENUE;(c ) "CAPITOL CITY COMPASSION CLUB" LOCATED AT 2010 EAST

    MICHIGAN AVENUE;(d ) "CLINICAL RELIEF" LOCATED AT 2617 EAST MICHIGAN AVENUE;(e ) "CLOUD 9" LOCATED AT 3413 SOUTH CEDAR STREET;(f) "COMPASSIONATE APOTHECARY OF LANSING" 2201 EAST

    MICHIGAN AVENUE;(g) "GRAND RIVER ALTERNATIVE MEDICINE" LOCATED AT 711

    EAST GRAND RIVER AVENUE;(h) "GREEN CROSS" LOCATED AT 2019 EAST MICHIGAN AVENUE;(i) "HELPING HANDS" LOCATED AT 4100 SOUTH CEDAR STREET;(j) "HOMEMADE HYDROPONICS/ALTERNATIVE MEDICINE"

    LOCATED AT 930 EAST MT. HOPE(k ) "HYDROWORLD" LOCATED AT 4513 SOUTH MARTIN LUTHER

    KING BLVD; 700 WEST BARNES AVENUE; AND 407 EAST GRANDaRF.

    RIVER AVENUE;22 (1) "THE KUSHION" LOCATED AT 605 EAST MICHIGAN AVENUE;

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    678

    101112131415161718192021

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    CITY COUNCIL (INTRODUCTORY ) DRAFT #1NOVEMBER 29, 20101 (m ) "MID MICHIGAN CAREGIVERS" LOCATED AT 718 WEST SAGINAW2 STREET;3 (n) "THE POPCORN BAG" LOCATED AT 1824 EAST MICHIGAN

    AVENUE;(o ) "TURTLE'S" LOCATED AT 2121 EAST MICHIGAN AVENUE;(p ) "VICTORIA'S CLUB MED-A-SIN" LOCATED AT 1039 NORTH

    CEDAR STREET;(q) "YOUR HEALTH CHOICE" LOCATED AT 628 EAST MICHIGAN

    AVENUE.10 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules11 inconsistent with the provisions hereof are hereby repealed.12 Section 3. Should any section, clause or phrase of this ordinance be declared to be

    13 invalid, the same shall not affect the validity of the ordinance as a w hole, or any part thereof14 other than the part so declared to be invalid.15 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given16 immediate effect by City Council.

    Approved as to. form:

    City AttorneyDated:4

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    89

    171819202122232425

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    iza tan430 North Fairview, Lansing, MI 48912

    November 29, 2010

    Lansing City Council Members124 West Michigan Avenue 10 th FloorLansing, Michigan 48933Dear Lansing City Council Members:SUBJECT: Medical Marijuana Proposed Laws,. Rules, and GuidelinesIt is time that our city an d state officials take a serious look at the lack of law s, rules, andguidelines concerning the issue of the use, sale, transportation, distribution, growth, etc., ofmedical marijuana. We have a very serious issue facing our great city and state, and we areconvinced the time has come to make some positive changes.As neighborhood leaders on the eastside, a decision was made that we have had enough withthe continuous growth of medical marijuana businesses within our boundaries. We have takenthe liberty to com pile a list of laws, rules, and guidelines that our co unty, city, and state officialsmust bring forward so that our city and state does not become the "capital of marijuana."There are approximately 11 marijuana dispensaries along the Michigan Avenue corridor, the"core" to our great city, and that is too many. Our repu tation, the positive building of our L ansingneighborhoods, and businesses depend on the development of these rules and regulations thatare in line with the other businesses in our city. It is inevitable that this type of business is hereto stay, but it is imperative that we are consistent with the laws, rules, and guidelines we setforth so that all businesses are treated the same.We hope that you will find our suggestions as a stepping stone to bring this issue forward in apositive and productive manner within the first 60 days of 2011.If you have any questions or concerns regarding anything in this letter or the attachmentsplease feel free to contact me.Sincerely,

    INancy MaF low, PresidentEastside Neighborhood Organization517-372-3249Email: [email protected]

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    Medical Marijuana La ws, Guidelines, and Ordinances1. Limit the number of "businesses" and caregivers within an area/mile: maximum of four within aone-mile radius.2. Businesses must be licensed and inspected - this is already a requirement by all city

    businesses.3. Business licenses can not be transferred or sold to another person(s).4. Licensing and inspection fees would allow the funds to "self-support" the inspection department

    overhead costs.5. Audit and regulation of all businesses6. Businesses must provide professional liability insurance7. Can not occupy a building within 1,000 foot distance from: schools, hospital, daycare, parks,church, community center, senior building, mission or Volunteer of America facility, etc.8. Regulation of growers, license, and limit the amount transported:9. Regulate the number of growers within an area, they must have a license to grow which can notbe "transferred or sold" to another individual(s) grower.10. Growers and transporters can not cross state lines or Canadian borders.11. Parking regulations = Must have enough parking per the City of Lansing ordinance.12. Businesses must be located within an "Fl" commercial district13. There should be actual medical documentation provided to the state licensing department bytheir family physician and/or a specialist they have been assigned to for the treatment of anactual medical condition which m ight be (but not limited to): migraines, serious injuries, cancer,

    leukemia, etc.14. All card holders m ust be issued a picture identification card to avoid identity theft or misuse.15. Legal age limit should be considered (unless there is proper medical documentation). Minorscan not purchase cigarettes which are considered a "drug addiction product".16. Physicians must be licensed in the state of Michigan. Will not accept an out-of-state physicianprescription. If the person is moving to Michigan, they have 30 days to ap ply for their "ID" whichmust comply with Michigan laws.17. City and state regulations for the suppliers (which may be different then a grower), that willconsist of a license for the business, transportation license, transporting amount/weight, etc.

    18. No "smoking" within 50 feet of an entrance to a public building. Should be treated as the sameas cigarette smoking.19. Hours of service - pharmacies are not open "24/7"20. The existing businesses will not be "grandfathered" in.21. Prepared "food items" that have . Marijuana added should be regulated, inspected, etc. just likeany other food establishment. What is the legal amount that can be added to food (brownies,cookies, etc.)?22. Required smoking distance around any establishment such as, but not limited to: hospitals,churches, schools, daycare, or any public business area23. All licenses should be renewed after a specific time period similar to a driver's license, business,etc., and charged a renewal fee. Updated medical documentation (exams, tests, etc.,) wouldneed to be provided at the time of renewal.24. Advertising signs, promotions, etc., should be limited to size (inside/out), should not "cover"windows, doors, etc. At least 80% of the "open area" should be exposed.

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    (12/2/2010) Kevin Reeves - Voting Down/Veto the proposed Medical Marijuana Moratorium Lansing City Council Decl,e26

    From: "Richard C. Clement Sr." To: CC : , "'Rev. Steven B. Thompson"'

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    0) Kevin Reeves - Voting Down/Veto the proposed Medical Marijuana Moratorium Lansing City Council Deciatige2

    Ingham County R epresentativeMichigan Chapter of the National Organization for the Reform of M arijuanaLawsCc: City Clerk Chris SwopeCc: A'lynne R obinson, President Lansing City Council.

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    (11/29/2010) Diana Bitely - No Medical Marihuana Moratorium Nee de Page 1

    From: "John F. Mertz" To: Date: 11/29/2010 2:36 PMSubject: No Medical Marihuana Moratorium NeededMembers:A moratorium on d ispensaries is a solution seeking a problem. To votefor one is to vote against new business in Lansing and against jobcreation in Lansing and against new tax revenues for Lansing. So, howdoes a moratorium av oid those effects?Remem ber the new rental moratorium? Has a new ordinance solved any problem?Our C ouncil should encourage all legal businesses to locate inside ourCity limits. Unless state law requires otherwise, the dispensariesought to be presumed legal. They are no more noxious than any pharmacy.Older citizens may reme mber when the lined our business districts. Thenow dominate major traffic intersections. Are these businessesregulated the same as you propose to do with dispensaries?There is no public safety issue. There is no public need for action onthis subject. The best thing to do is to wait and see. Please concernyourself with attracting businesses. Driving them a way is the last thingthe Council should do for the comm on good.Respectfully,

    John F. Mertz, J.D. (P25200)Lansing, Michigan(517) 482-5200

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    11292010 Diana Bitel Fwd Pro osed Moray. _ . p torium Page

    From: robin schneider To: Date: 11/29/2010 11:18 AMSubject: Fwd: Proposed Moratoriumorwarded messagerom: robin schneider < robinschneider.mi@gm ail.com >Date: Mon, Nov 29, 2010 at 10:09 AMSubject: Proposed MoratoriumTo: [email protected] Council Members,I am writing to express my support for the proposed moratorium. I am anadvocate for "Safe Access", however the access I am seeing in Lansing is notnecessarily safe. The problem is that there are not any rules in place forthe approximately 30 establishments. I would like to see an ordinance inplace that addresses the issues of security, guns and redistribution.Some compassion centers do not keep the marihuana in a locked area. Anyonecould just walk in and try to take it putting the patients who are waitingfor meds in a dan gerous situation. The parking lots of these establishmentsalso need to be well lit. Also there is nothing worse than trying to obtaincoeds from a guy w ho is visibly wearing a gun! If they insist on having a gunthen they can hire a real security guard. The last issue is redistribution.How much marihuana should a patient obtain in one day? Som e compassioncenters limit the quantities their patients may obtain in a day. It would bereasonable for a patient to pick up an ounce of product. Some centers allowpatients to pick up 2.5 ounces go to the car and com e back in as m any timesa day as they wish- redistribution. Don't get me wrong I support com passioncenters we need them. No one should ever have get their meds from a guy in aparking lot. However, we also need the centers to be safe. If you need amoratorium in place while you write an ordinance fine but please hurry onthe ordinance. In fact Mr. Sm iths last ordinance was pretty close to beingright on. We need to fix the establishments that are not operating up topar and we n eed to keep the patients safe. As always we are willing to helpin any way that would be useful.Sincerely,Robin SchneiderCapitol City Compassion Club

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    Medical Marijuana Laws, Guidelines, and Ordinances

    1. Limit the number of "businesses" and caregivers within an area/mile: maximum of four within aone-mile radius.2. Businesses must be licensed and inspected - this is already a requirement by all city

    businesses.3. Business licenses can not be transferred or sold to another person(s).4. Licensing and inspection fees would allow the funds to "self-support" the inspection departmentoverhead costs.5. Audit and regulation of all businesses6. Businesses must provide professional liability insurance7. Can not occupy a building within 1,000 foot distance from: schools, hospital, daycare, parks,church, commun ity center, senior building, mission or Vo lunteer of Am erica facility, etc.8. Regulation of growers, license, and limit the amount transported:9. Regulate the number of growers within an area, they must have a license to grow w hich can notbe "transferred or sold" to another individual(s) grower.10. Growers and transporters can not cross state l ines or C anadian borders.11. Parking regulations = Must have enough parking per the City of Lansing ordinance.12 . Businesses must be located within an "Fl" commercial district13 . There should be actual medical documentation provided to the state licensing department bytheir family physician and/or a specialist they have been assigned to for the treatme nt of anactual medical 'condition which might be (but not limited to): migraines, serious injuries, cancer,leukemia, etc.14 . All card holders must be issued a picture identification card to avoid identity theft or misuse.15 . Legal age limit should be considered (unless there is proper medical documentation). Minorscan not purchase cigarettes which are considered a "drug addiction product".16. Physicians must be licensed in the state of Michigan. W ill not accept an out-of-state physicianprescription. If the person is moving to Michigan , they have 30 days to apply for their "ID" whichmust comply with M ichigan laws.17 . City and state regulations for the supp liers (which may be d ifferent then a g rower), that will

    consist of a license for the business, transportation license, transporting amou nt/weight, etc.18 . No "smoking" within 50 feet of an entrance to a public building. Should be treated as the sameas cigarette smoking.19 . Hours of service - pharmacies are not open "24/7"20 . The existing businesses will not be "grandfathered" in.21 . Prepared "food items" that have Marijuana added should be regulated, inspected, etc. just likeany other food establishment. What is the legal amoun t that can be added to food (brownies,cookies, etc.)?22 . Required smoking distance around any establishment such as, but not limited to: hospitals,churches, schools, daycare, or any public business area23. All licenses sho uld be renew ed after a specific time period similar to a driver's license, business,etc., and charged a renewal fee. Updated medical documentation (exams, tests, etc.,) wouldneed to be provided at the time of renewal.24. Adve rtising signs, prom otions, etc., should be limited to size (inside/out), should not "cover"windows, doors, etc. At least 80% of the "open area" should be exposed.

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    11/29/2010) Diana Bitely Fwd Proposed Moratorium

    From: robin schneider To: Date: 11/29/2010 11:18 AMSubject: Fwd: Proposed M oratorium---- Forwarded messagerom: robin schneider < robinschneider.mi@gm ail.com >Date: Mon, Nov 29, 2010 at 10:09 AMSubject: Proposed M oratoriumTo: [email protected] Council Members,I am writing to express my support for the proposed moratorium. I am anadvocate for "Safe Access", however the access I am see ing in Lansing is notnecessarily safe. The problem is that there are not any rules in place forthe approximately 30 establishments. I would like to see an ordinance inplace that addresses the issues of security, guns and redistribution.Some compassion centers do not keep the marihuana in a locked area. Anyonecould just walk in and try to take it putting the patients who are waitingfor meds in a dan gerous situation. The parking lots of these establishmentsalso need to be well lit. Also there is nothing worse than trying to obtainmeds from a guy who is visibly wearing a gun! If they insist on having a gunthen they can hire a real security guard. The last issue is redistribution.How much marihuana should a patient obtain in one day? Som e compassioncenters limit the quantities their patients may obtain in a day. It would bereasonable for a patient to pick up an ounc e of product. Som e centers allowpatients to pick up 2.5 ounces go to the car and come back in as man y timesa day a s they wish- redistribution. Don't get me wrong I support compassioncenters we need them . No one should ever have get their meds from a guy in aparking lot. However, we also need the centers to be safe. If you need amoratorium in place while you write an ordinance fine but please hurry onthe ordinance. In fact Mr. Sm iths last ordinance was pretty close to beingright on. We need to fix the establishments that are not operating up topar and we need to keep the patients safe. As always we are willing to helpin any way that would be useful.Sincerely,Robin SchneiderCapitol City Compassion Club

    -; % ,- t... i p It i 'Z

    ^...^ ter.

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    11/29/2010) Diana Bitely - No Medical Marihuana M oratorium Neede d Page 1

    From: "John F. Mertz" To: Date: 11/29/2010 2:36 PMSubject: No Medical Marihuana Moratorium NeededMembers:A moratorium on dispensaries is a solution seeking a problem. To votefor one is to vote against new business in Lansing and against jobcreation in Lansing and against new tax revenues for Lan sing. So, howdoes a m oratorium avoid those effects?Rem ember the new rental moratorium? Has a new o rdinance solved any problem?Our Co uncil should encourage all legal businesses to locate inside ourCity limits. Unless state law requires otherw ise, the dispensariesought to be presume d legal. They are no more noxious than any pharm acy.Older citizens may remember when the lined our business districts. Thenow dominate major traffic intersections. Are these businessesregulated the same as you propo se to do with dispensaries?There is no public safety issue. There is no public need for action onthis subject. The best thing to do is to wait and see . Please conce rnyourself with attracting businesses. Driving them away is the last thingthe Council should do for the comm on good.Respectfully,

    John F. Me rtz, J.D. (P25200)Lansing, Michigan(517) 482-5200

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    (11/29/2010) Diana Bitely - RE: Capital City Cargegivers and the MichiganAssociationofCompassionate Centers Page

    From: ryan basore To: Carol Wood Date: 11/29/2010 12:59 PMSubject: RE: Capital City Cargegivers and the MichiganAssociationofCompassionate Centers. .Carol,M.A.C.C. and Capital City Caregiver's support the moratorium 100%.Ryan Basore> Date: Mon, 29 Nov 2010 11:18:50 -0500> From: [email protected]> To: [email protected]> Subject: RE: Capital City Cargegivers and the Michigan AssociationofCompassionate Centers.>> ** Reply Requested When Convenient **>> Here is a copy of the ordinance.> Carol> >>> ryan basore 11/26/2010 8:25 AM >>>> Carol,> I have not seen the moratorium yet, but would like to see the a copy of it when it becomes available.> This is the first moratorium in the state that we would support if the following conditions are included.> The moratorium should be reasonable in duration. The time used to place a moratorium on new medicalmarijuana colliectives ought to be used to research necessary information with which to make decisionsabout the pending ordinance pertaining to the parameters these operations may work within.> Existing medical marihuana clubs, compassion centers and the like, ought to remain in operation unt Iaregulatory ordinance can be passed.> MACC would gladly be available to help with research and to provide information to the city as;,part gf it's C)fact finding mission.>>> Ryan Basore> Capital City Caregivers> MACC>> > Date: Wed, 24 Nov 2010 14:30:44 -0500> > From: [email protected]> > To: [email protected]> > Subject: Re: Capital City Cargegivers and the Michigan Association ofCompassionate Centers.> > ** Reply Requested When Convenient **> > Ryan,> > Thank you for the email. Do you or your organizations support the moratorium that is before Council atthis time?> > Carol

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    (11/29/2010) Diana Bitely - RE Capital City Cargegivers and the MichiganAssociationofCom passionate Centers Page

    >>> > Carol Wood> > Councilmember At-Large> > 483-4:188; office:>>> > >>> ryan basore 11/24/2010 2:14 PM >>>

    :, ..> > The economic benefits toahis-industrycouldbe;ahuge windfall for.-:the city: and the ;state Please.helpus set the standard in Michigan and require these facilities to check paper work and cards, have securitycamera's,.locked doors, insurance,.and address,,the gun situation:'We , want to be regulated^fairly ;andwewant-to pay our shareof taxesor;licensing fee's ;Wewould love to work With you anyway we can to makethese changes happen,:

    > > My name is Ryan Basore an d I am the co-founder of Capital City Caregiver's located on 2208 ETMichigan Ave. I'm writing you in response to the proposed medical marijuana moratorium Watching , . all ofthe fly by night;guys;withguns sitting , behind counters,,and unlocked doors concerns me g"ready Currentlythere is an association that I'm an officer in that is working diligently ontrying to regulate our industry sopatients aren't put in danger and the local police force can feel comfortable with . us We havebeen helpingother care centers across the state who are willing to adhere to our level of security, conduct, and ethical.treatment of patients.> >

    _:

    > > Currently the Michigan Association of Compassionate Care Centers has 11 facilities with a combined8900 members. We are working with-9 other . facilities thathave asked to loin us.and ar..e now.changingtheir operations to match our standard. Our dues are expensive as we will be hiringa major lobbyist in thenext month and already have held numerous charity events, protests, and we've payed for our attorney'sto represent 15 patients across the state that were being taking advantage of by our legal system.

    http://www.wilx.com/news/headlines/Dispensary_Robbery_Leads fo .Security_Questions_108317134.htm

    > > Thank you,>.>> > Ryan Basore> .> 517-449-0702>

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    November 29, 2010

    pia'9a n izat`

    430 North Fairview, Lansing, MI 48912NOV 29 2010

    I fl,y`.i r? X26

    Lansing City Council Members124 West M ichigan Avenue 10 th FloorLansing, Michigan 48933Dear Lansing City Council Mem bers:SUBJECT: Medical Marijuana Proposed Laws, Rules, and G uidelinesIt is time that ou r city and state officials take a se rious look at the lack o f laws, rules, andguidelines concerning the issue of the use, sale, transportation, distribution, growth, etc., ofmedical marijuana. We h ave a very serious issue facing our great city and state, and we areconvinced the time has com e to make some positive changes.As neighborhood leaders on the eastside, a decision was m ade that we have ha d enough withthe continuous growth of medical marijuana businesses within our boundaries. We have takenthe liberty to comp ile a list of laws, rules, and g uidelines that ou r county, city, and state officialsmust bring forward so that our city and state does not b ecome the "capital of marijuana."There are approximately 11 m arijuana d ispensaries along the Michigan-Avenue corridor, the"core" to our great city, and that is too many. Our reputation, the positive building of our Lansingneighborhoods, and businesses depend o n the development of these rules and regulations thatare in line with the othe r businesses in our city. It is inevitable that this type of business is he reto stay, but it is imperative that we are consistent with the laws, rules, and guidelines we setforth so that all businesses are treated the sam e.We hope that you will find our suggestions as a stepping stone to bring this issue forward in apositive and productive man ner within the first 60 days of 2011.If you have a ny questions or concerns regarding an ything in this letter or the attachmentsplease feel free to contact me.Sincerely,

    r

    Nancy Mallow, PresidentEastside Neighborhood Organization517-372-3249Email: nmahlow@ yahoo.com

    1.11, I-1 -7

    ;, 6 lr E I ;''1 ^1^1Ury- -I r 'IYl ,J

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    November 29, 2010ansing City Council Members -2 -

    Attachmentcc: Senator Gretchen WhitmerRepresentative Joan BauerMayor Virg BerneroBrigham Smith, City AttorneyChris Swope, Lansing City ClerkTeresa Szymanski, Chief, Lansing Police DepartmentRobert Johnson, City Neighborhood DevelopmentBrian McGrain,County CommissionerBob Trezise ; Economic Development CorporationCheryl 'Risner, Director, Lansing Neighborhood CouncilNeighborhood Watch CoordinatorsLansing Police Department Advisory BoardEastside Neighborhood Organization Board

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    F1APASSAGE OF ORDINANCE

    An Ordinance of the City of Lansing to Add Chapter 876 to the Lansing CodifiedOrdinances by imposing a moratorium on the issuance of licenses for medicalmarihuana establishmentsIs read a second time by its title. The Ordinance was reported from the Committee onPublic Safety and is on the order of immediate passage.By Council Member Wood

    COUNCIL MEMBER YEAS NAYSDUNBAR HEWITT HOUGHTON JEFFRIES QUINNEY ROBINSON WOOD YORKO

    ADOPTED FAILED

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    DRAFT CITY COUNCIL (INTRODUCTORY ) DRA FT #1NOVEMBER 29, 20101 ORDINANCE NO.

    AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO ADD CHAPTER3 876 TO THE LANSING CODIFIED ORDINANCES BY IMPOSING A MORATORIUM ON '4 THE ISSUANCE OF LICENSES FOR MEDICAL MARIHUANA ESTABLISHMENTS.5 THE CITY OF LANSING ORDAINS:6 Section 1. That Chapter 876 be added to the Codified Ordinances of the City of Lansing,7 Michigan, to read as follows:8 CHAPTER 876. MEDICAL MARIHUANA ESTABLISHMENTS9 876.01. LEGISLATIVE FINDINGS

    10 THE CITY COUNCIL HAS DETERMINED THAT:11 (a) THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 333.26421 ET SEQ., DOES NOT12 EXPLICITLY ADDRESS THE OPERATION OF MEDICAL MARIHUANA13 ESTABLISHMENTS.14 (b) ON SEPTEMBER 20, 2010, THE CITY ADOPTED ORDINANCE #1159 RECOGNIZING15 THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION.16 (c) THE CITY IS DILIGENTLY STUDYING ITS OPTIONS WITH RESPECT TO17 REGULATION OF OTHER ACTIVITY RELATING TO THE MICHIGAN MEDICAL18 MARIHUANA ACT, WHICH REQUIRES CAREFUL CONSIDERATION OF THE19 MICHIGAN MEDICAL MARIHUANA ACT AND ITS IMPLICATIONS FOR THE CITY.20 (d) A MORATORIUM ON NEW MEDICAL MARIHUANA ESTABLISHMENTS UNTIL21 THE CITY HAS COMPLETED ITS STUDY OF THE MICHIGAN MEDICAL MARIHUANA

    DR&FT1C:\DOCUME-1\KREEVE-1.LAN\LOCALS-l\Temp\XPgrpwise\MM MORATORIUM 876 City Council D#1

    11.29.10.doc

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    DRAFT CITY COUNCIL (INTRODUCTORY) DRAFT #1NOVEMBER 29, 2010

    1 ACT AND ITS IMPLICATIONS FOR THE CITY IS IN THE BEST INTEREST OF THE2 PUBLIC HEALTH, SAFETY, AND WELFARE.3 876.02. DEFINITIONS4 (1) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL5 333.26421 ET SEQ., SHALL HAVE THE MEANING GIVEN IN THE MICHIGAN MEDICAL6 MARIHUANA ACT.7