October 20, 1997

A regular meeting of the City Council was held on Monday, October 20, 1997, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. Boy Scout Troop No. 720 led the Pledge of Allegiance to the Flag.

Councilmen present: Drummond Black, John Coppage, Ronald Fitch, Marty Wazbinski

Councilmen absent: James Stout (excused)

Minutes Approval of the minutes of the October 6, 1997 regular meeting was offered by Councilman Wazbinski and

supported by Councilman Coppage. (Motion adopted.)

Bradley Home Restoration Week Jack Duso, Assistant City Manager, introduced Jacinth Black, Midland County Historical Society Gala Events

Chair and Dave Wirth, a member of the Midland County Historical Society. To celebrate the restoration and re-opening of a room in the Bradley Home Museum to authentic Victorian splendor, the Gala Event Committee has planned a celebration and requested the Mayor and City Council proclaim the week of October 19, 1997 as Bradley Home Restoration Week. The following resolution was offered by Councilman Fitch and supported by Councilman Coppage:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of October 19-25, 1997 as BRADLEY HOME RESTORATION WEEK in Midland. (Motion adopted.) Mayor Black then presented the proclamation to Mrs. Black.

Zoning Petition No. 424 James Schroeder, Director of Planning and Community Development, presented information on Zoning Petition

No. 424 - zoning property south of the Rail-Trail and west of Dublin Avenue. The Planning Commission recommended approval of the petition. A public hearing opened at 7:56 p.m. Tom McCann, 3310 Jefferson Avenue, stated he had no personal or financial interest in the property up for rezoning, but felt that the City should rezone Pomranky land to Industrial B instead of Industrial A. The hearing closed at 8:05 p.m. Councilman Coppage moved, seconded by Councilman Fitch, Zoning Petition No. 424 - to zone property south of the Rail-Trail and west of Dublin Avenue. The following resolution postponing action on Zoning Petition No. 424 was then offered by Councilman Coppage and supported by Councilman Wazbinski:

RESOLVED, that action on Zoning Petition No. 424 is hereby postponed until November 3, 1997, at 7:30 p.m. (Motion adopted.)

Industrial Facilities Exemption Applications - Dow Chemical Diane Dryzga, City Assessor, presented information on the following five requests for Industrial Facilities Exemption Certificates from The Dow Chemical Company.

IFT - Dow Chemical ($4,462,000) A public hearing opened at 8:29 p.m. Rick Gross, Vice President / General Manager of The Dow Chemical

Michigan Division, requested Council act favorably upon the request to grant the exemption certificate to The Dow Chemical Company. Dan Foster, Executive Director of the Midland Economic Development Council, spoke in support of The Dow Chemical request. The hearing closed at 8:35 p.m. The following resolution was then offered by Councilman Coppage and supported by Councilman Wazbinski:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 16, 1997, which was received by the City Clerk on September 16, 1997, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $4,462,000 and is to improve the efficiency of the Oxide Derivatives Plant by consolidating multiple process control facilities into a new common control facility with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 20, 1997, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district that was duly established within the City of Midland with such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

IFT - Dow Chemical ($2,851,000) A public hearing opened at 8:40 p.m. Rick Gross, Vice President / General Manager of The Dow Chemical

Michigan Division, requested Council act favorably upon the request to grant the exemption certificate to The Dow Chemical Company. Dan Foster, Executive Director of the Midland Economic Development Council, spoke in support of The Dow Chemical request. The hearing closed at 8:45 p.m. The following resolution was then offered by Councilman Fitch and supported by Councilman Wazbinski:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 16, 1997, which was received by the City Clerk on September 16, 1997, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $2,851,000 and is for the installation of equipment, piping, instrumentation, and added storage to maximize the capacity of the Oxide Derivatives Plant with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 20, 1997, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district that was duly established within the City of Midland with such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

IFT - Dow Chemical ($3,350,000) A public hearing opened at 8:47 p.m. Rick Gross, Vice President / General Manager of The Dow Chemical

Michigan Division, requested Council act favorably upon the request to grant the exemption certificate to The Dow Chemical Company. Dan Foster, Executive Director of the Midland Economic Development Council, spoke in support of The Dow Chemical request. The hearing closed at 8:49 p.m. The following resolution was then offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 16, 1997, which was received by the City Clerk on September 16, 1997, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $3,350,000 and is for the installation of equipment and instrumentation necessary to enhance the production and marketability of a Specialty Chemical with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 20, 1997, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district that was duly established within the City of Midland with such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

IFT - Dow Chemical ($5,600,000) A public hearing opened at 8:50 p.m. Rick Gross, Vice President / General Manager of The Dow Chemical

Michigan Division, requested Council act favorably upon the request to grant the exemption certificate to The Dow Chemical Company. Dan Foster, Executive Director of the Midland Economic Development Council, spoke in support of The Dow Chemical request. The hearing closed at 8:52 p.m. The following resolution was then offered by Councilman Fitch and supported by Councilman Coppage:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 16, 1997, which was received by the City Clerk on September 16, 1997, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a new facility with the project estimated to cost $5,600,000 and is for the installation of equipment to increase the capacity at the Midland Superabsorbants Products Plant with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 20, 1997, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district that was duly established within the City of Midland with such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for new facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

IFT - Dow Chemical ($3,200,000) A public hearing opened at 8:53 p.m. Rick Gross, Vice President / General Manager of The Dow Chemical

Michigan Division, requested Council act favorably upon the request to grant the exemption certificate to The Dow Chemical Company. Dan Foster, Executive Director of the Midland Economic Development Council, spoke in support of The Dow Chemical request. The hearing closed at 8:55 p.m. The following resolution was then offered by Councilman Coppage and supported by Councilman Fitch:

WHEREAS, the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 was established by resolution of the Midland City Council on September 25, 1978; and

WHEREAS, The Dow Chemical Company made an application dated September 16, 1997, which was received by the City Clerk on September 16, 1997, for an Industrial Facilities Exemption Certificate relating to approval of a new facility within said District; and

WHEREAS, the application for the certificate is for approval of a rehabilitation facility with the project estimated to cost $3,200,000 and will utilize an existing building rehabilitation and includes process equipment, piping, pumps and related instruments and electrical in the Acrylamide Monomer Plant with the same being located within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1; and

WHEREAS, the City Council, by written notice, afforded the applicant, the City Assessor, and representatives of each affected taxing unit an opportunity for a hearing on October 20, 1997, as required by Public Act 198 of Public Acts of the State of Michigan of 1974, as amended, and has given due consideration to all information presented; and

WHEREAS, the application appears to comply with the requirements set forth in Section 9 of said statute, as amended, in that the district that was duly established within the City of Midland with such a district and with the district having been established upon a request before the commencement of the restoration, replacement or construction of the facility described herein; that the commencement of this project did not occur earlier than six months before the filing of the application for the industrial facilities exemption certificate, that the application relates to a construction, restoration or replacement program that when completed constitutes a new or replacement facility within the meaning of said statute and is situated within a previously established plant rehabilitation district that was established in the City of Midland which was itself eligible under the statute to establish the district; that completion of the facility is calculated to, and will at the time of the issuance of the certificate, have the reasonable likelihood to create employment, retain employment, prevent a loss of employment or produce energy in the community; that completion of this facility shall not have the effect of transferring employment from one or more governmental units of the State of Michigan to the City of Midland; now therefore

RESOLVED, that the City Council of the City of Midland finds and determines that the granting of the industrial facilities exemption certificate requested by The Dow Chemical Company considered together with the aggregate amount of industrial facilities exemption certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Midland or impairing the financial soundness of any other taxing unit which levies an ad valorem property tax in the City of Midland; and

RESOLVED FURTHER, that said application for an industrial facilities exemption certificate from The Dow Chemical Company for rehabilitation facility approval within the Michigan Division Dow Chemical Company Plant Rehabilitation District No. 1 be and the same is hereby approved for a period of 12 years; and

RESOLVED FURTHER, that the Mayor and City Clerk are authorized to execute the Public Act 198 Agreement submitted between the City and The Dow Chemical Company pursuant to P.A. 334 of Public Acts of the State of Michigan of 1993. (Motion adopted.)

Public Comment No comments were made.

Storm & Sanitary Sewer Repair Alternatives Presentation Noel Bush, Director of Utilities, presented a report on alternatives to the present practice of excavation or open trench repair, which are currently limited to the full replacement of pipe from manhole to manhole. The alternative would utilize a cured in place process for storm and sanitary sewer line repair. Mr. Bush's report elaborated on the cured in place option and how it will save money, improve the structural integrity of the sewer, shorten the time of traffic disturbance and reduce costly street rehabilitation.

Emergency Siren System Presentation Daniel Hargarten, Fire Chief, presented a report on the Emergency Siren System. The report indicated all new sirens purchased for the City's Emergency Siren System have been installed and are operable. Twelve new sirens have been added to the system and one existing siren retained for a total of 13 sirens. His report noted the siren system is designed to alert only those persons who are outside and as with any system, there is no guarantee that every person will be alerted. A city wide test of the siren system is scheduled for Saturday, October 25, 1997.

Subordination Policy - Second Mortgage - CHOICE Homes The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, the City of Midland, through its CHOICE Housing Program, takes a second mortgage on the sale of CHOICE homes for the purpose of making the properties more affordable to low- and moderate-income purchasers; and

WHEREAS, the repayment of the second mortgage is to begin upon the completion of the payment in full of the first mortgage; and

WHEREAS, the intent of the program is to recycle the money from the second mortgage for further housing programs; now therefore

RESOLVED, that the attached Policy for "Subordination Agreements" for the CHOICE Housing Program sets forth the guidelines by which such requests would be reviewed for approval; and

RESOLVED FURTHER, that, under the stated conditions of the policy, the Mayor is authorized to sign such documents. (Motion adopted.)

Subordination Policy - CDBG Housing Rehabilitation Loans The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, the City of Midland, through its CDBG Housing Rehabilitation Program, takes a trust deed or deferred payment mortgage for money loaned to low- and moderate-income home owners for the purposes of housing rehabilitation and neighborhood preservation; and

WHEREAS, the repayment of these funds is deferred until the property is sold or the loan recipient no longer lives on the premises; and

WHEREAS, the intent of the program is to recycle the money from the trust deed or deferred payment mortgage for further housing programs; now therefore

RESOLVED, that the attached Policy for "Subordination Agreements" for the CDBG Housing Rehabilitation Program sets forth the guidelines by which such requests would be reviewed for approval; and

RESOLVED FURTHER, that, under the stated conditions of the policy, the Mayor is authorized to sign such documents. (Motion adopted.)

1999 Women's Major Fastpitch National Tournament The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

RESOLVED, that the City Council hereby grants permission to the Midland Redcoats to utilize Emerson Park during the tournament's scheduled days in August, 1999 for the purpose of hosting the 1999 Women's National Fastpitch Softball Tournament ; and

RESOLVED FURTHER, that the support of the City's Parks and Recreation Department is hereby pledged; and

RESOLVED FURTHER; that the Midland Redcoats are authorized to operate a beer concession in connection with the tournament. (Motion adopted.)

Barstow Rules & Regulations Amendment The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, the Barstow Airport Rules & Regulations Section V limit the use of buildings in the private hangar area to storage of aircraft and/or aircraft parts; and

WHEREAS, it is impractical that certain areas be used only for storage of aircraft and/or aircraft parts and desirable that portions of certain buildings be used for other authorized purposes; and

WHEREAS, the City Attorney has reviewed the Airport Rules & Regulations and provided suggested changes which would allow small amounts of personal property when specifically authorized otherwise pursuant to a land lease approved by the City Council; and

WHEREAS, the Barstow Airport Advisory Commission has reviewed the suggested amendment and approved the amendment at their regular meeting of October 6, 1997; now therefor

RESOLVED, that the City Council hereby approves the amendment proposed by the City Attorney and directs that proper notification be given by advertisement in the local newspaper of record. (Motion adopted.)

Assignment of Land Lease Barstow - Hangars 03A & 03B The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a letter has been received from the attorney representing Faith McPeak requesting the assignment of the land lease for hangars 03A and 03B at Jack Barstow Airport to John R. Abbott; and

WHEREAS, the City Attorney has reviewed and approved the proposed assignment agreement; now therefor

RESOLVED, that the City Council hereby approves the assignment of the land lease agreement for hangars 03A and 03B at Jack Barstow Airport from Faith McPeak to John R. Abbott and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Assignment of Land Lease Barstow - Hangar 13B The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, an assignment and acceptance of lessee's interest in lease between Thomas A. Lind and Dorothy Hornsby has been received; and

WHEREAS, the City Attorney has reviewed and approved the proposed assignment agreement; now therefor

RESOLVED, that the City Council hereby approves the assignment of the land lease agreement for hangar 13B at Jack Barstow Airport from Thomas A. Lind to Dorothy Hornsby and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Hangar Rental - Barstow Building 11-A, T-Hangar Unit #11The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, title has now been conveyed from the Herbert Dow 2nd Estate to the City of Midland for the T-hangar building 11-A at Barstow Airport; and

WHEREAS, the Soaring Eagle Flying Club desires to rent Unit #11 for aircraft storage purposes for the amount of $115 per month; and

WHEREAS, the City Attorney has prepared a lease agreement for rental of the unit; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #11 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Hangar Rental - Barstow Building 11-A, Storage Unit #12The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, title has now been conveyed from the Herbert Dow 2nd Estate to the City of Midland for the T-hangar building 11-A at Barstow Airport; and

WHEREAS, David R. Schmelzer desires to rent Unit #12 for storage purposes for the amount of $75 per month; and

WHEREAS, David R. Schmelzer has agreed to install a 9' x7' overhead door for improved access to the unit provided the rental is waived for the first 5 1/3 months as reimbursement of costs incurred to furnish and install the door; and

WHEREAS, the City Attorney has prepared a lease agreement for rental of the unit; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #12 of Hangar Building #11-A and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 3C The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site #3C at Barstow Airport by the proposed lessor, Dan Purdo, 2206 Patterson, Auburn, MI 48611; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefor

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site #3C with Dan Purdo and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 3F The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site #3F at Barstow Airport by the proposed lessor, Jackie Yoder, 2760 Yoder Drive, Midland, MI 48640; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefor

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site #3F with Jackie Yoder and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 4A The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site #4A at Barstow Airport by the proposed lessor, Clarence Koenitzer, 323 Alpine Way, Midland, MI 48640; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefor

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site #4A with Clarence Koenitzer and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 10A The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site #10A at Barstow Airport by the proposed lessor, Willard Bensch, 2272 Stark Road, Midland, MI 48640; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefor

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site #10A with Willard Bensch and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 12A The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site #12A at Barstow Airport by the proposed lessor, Jackie Yoder, 2760 Yoder Drive, Midland, MI 48640; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefor

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site #12A with Jackie Yoder and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 3A The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site 03A at Jack Barstow Airport by the proposed lessor, John R. Abbott, 2704 Georgetown, Midland, Michigan 48642; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefore

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site 03A with John R. Abbott and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Land Lease Agmt. - Barstow Hangar Site 3B The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, a land lease agreement has been executed for Hangar Site 03B at Jack Barstow Airport by the proposed lessor, John R. Abbott, 2704 Georgetown, Midland, Michigan 48642; and

WHEREAS, the City Attorney has prepared and approved the proposed lease agreement; now therefore

RESOLVED, that the City Council hereby approves the proposed land lease for Hangar Site 03B with John R. Abbott and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

Sanitary Sewer-Clark,Elmer,Frantz,Glen, Isabella,Prairie Creek, Sandow & Solomon The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

RESOLVED, that the attached petitions received from David Moeggenberg for the installation of sanitary sewers in Clark, Elmer, Frantz, Glen, Isabella, Prairie Creek, Sandow and Solomon Streets, are hereby received and referred to the City Engineering Department for consideration of inclusion in the 1998 Construction Program. (Motion adopted.)

Access to Property on West Wheeler Street (North Side) The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

RESOLVED, that the request of Richard Miller, on behalf of Patricia Snyder, for access to the property on the north side of West Wheeler Street approximately 300 feet west of Jefferson Avenue, be referred to the City Engineer, the City's Traffic Engineer, and the City Planning Commission for review and recommendation. (Motion adopted.)

City Parking Lot - Dublin Avenue Weekday Three Hour Limit The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

RESOLVED, that in accord with Section 8.25 of the amendments to the Uniform Traffic Code, the City Council hereby establishes a three hour maximum parking limit on weekdays for parking in the City lot located on Dublin Avenue near Saginaw Road. (Motion adopted.)

Replacement Carpet Purchase - Washington Woods The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, Washington Woods Senior Citizen Apartment facility would like to enter into a contract with Valley Carpet, Bay City, Michigan for replacement carpet and tile for the first floor of the East Wing; and

WHEREAS, funding is available in the 1997-98 budget, Account Number 535-001-000-976.101; and

WHEREAS, Valley Carpet has submitted a bid of $25,285.00; now therefore

RESOLVED, that the proposal of Valley Carpet be accepted and a Purchase Order be authorized. (Motion adopted.)

Purchase - Golf Course Mowers The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of golf course mowers (Bid No. 2144; and

WHEREAS, included in the FY 1997-98 Golf Course Fund budget is $26,500.00 for one greens mower and one trim mower; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Spartan Distributors, Inc. of Sparta, Michigan for one greens mower, with trade-in option, in the amount of $10,638.00 and for one trim mower in the amount of $15,700.00, for a total cost of $26,338.00, is hereby accepted and the Purchasing Agent is authorized to issue a purchase order in accord with the proposals and the City specifications; and

RESOLVED FURTHER, that the City Council authorizes the trade-in of a surplus 1986 Jacobson greens mower, Equipment No. 4-57 towards the cost of the new greens mower. (Motion adopted.)

Purchase and Sale of Heavy Equipment The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of one articulated wheel loader and one articulated motor grader (Bid No. 2142), and for the sale of surplus heavy equipment (Bid No. 2143); and

WHEREAS, included in the FY 1997-98 budget for the Equipment Revolving fund is $93,500.00 for a wheel loader and $120,000.00 for a motor grader; now therefore

RESOLVED, that the low sealed proposal meeting City specifications submitted by Bridgeport Equipment Company of Bridgeport, Michigan for one articulated wheel loader, with options, in the amount of $ 92,230.00 and the low sealed proposal meeting City specifications submitted by AIS Construction Equipment Corporation of Saginaw, Michigan for one articulated motor grader, with options, in the amount of $ 115,840.00 are hereby accepted and the Purchasing Agent is authorized to issue purchase orders in accord with the proposals and the City specifications; and

RESOLVED FURTHER, that the City Council authorizes the sale of a surplus 1988 Case wheel loader, Equipment No. 6-42, for the amount of $18,100 to Fisher Contracting Company of Midland, Michigan; and authorizes the sale of a surplus 1972 Galion road grader, Equipment No. 6-14, for the amount of $6,670.00, a surplus 1984 Ceeco target arrow sign, Equipment No. 8-63, for the amount of $355.00, and a surplus 1981 Ingersoll air compressor, Equipment No. 8-25, for the amount of $755.00 to Sova and Sons Contracting of Midland, Michigan. (Motion adopted.)

Santa Holiday Parade The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

RESOLVED, that the request from the 1997 Midland Santa Holiday Parade Committee to revise the route of the Santa Holiday Parade scheduled for Saturday, November 8, beginning at 10:00 a.m. is hereby approved; and

RESOLVED FURTHER, that the Administrative Staff is hereby authorized to approve future requests if conducted in substantially the same manner. (Motion adopted.)

Zoning Petition No. 425 The following resolution was offered by Councilman Wazbinski and supported by Councilman Coppage:

RESOLVED, that notice is hereby given that a public hearing will be held by the City Council on Monday, November 17, 1997, at 7:30 p.m. in the Council Chambers, City Hall, Midland, Michigan, for the purpose of considering the advisability of amending the Zoning Map of Ordinance No. 727, the Zoning Ordinance of the City of Midland, as set forth in the following proposed Ordinance, which is hereby introduced and given first reading.

ORDINANCE NO. __________

AN ORDINANCE TO AMEND ORDINANCE NO. 727, BEING AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTER ERECTED OR ALTERED, TO REGULATE AND DETERMINE THE AREA OF YARDS, COURTS, AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES, TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS BY AMENDING THE ZONING MAP TO PROVIDE A RESIDENTIAL B ZONING CLASSIFICATION WHERE BUSINESS A ZONING PRESENTLY EXISTS.

The City of Midland Ordains:

Section 1. That the Zoning Map of Ordinance No. 727, being the Zoning Ordinance of the City of Midland, is hereby amended as follows:

That property described as: Lots 101-106 of Parkwood Addition to the City of Midland,

be, and the same is hereby changed to a Residential B District.

Section 2. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3. This Ordinance shall take effect upon publication. (Motion adopted.)

Being no further business the meeting adjourned at 9:22 p.m.

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Penny K. Kovacevich, City Clerk