January 26, 1998

A regular meeting of the City Council was held on Monday, January 26, 1998, at 7:30 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

Minutes Approval of the minutes of the January 12, 1998 regular meeting and the January 21, 1998 special meeting was

offered by Councilman Wazbinski and seconded by Councilman Coppage. (Motion adopted.)

Wayne Blossey - Retirement The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, Wayne E. Blossey, born in Lansing, Michigan, joined the City of Midland as Plumbing/Heating/Mechanical Inspector on November 14, 1983; and

WHEREAS, Wayne retires from the position of Plumbing/Heating/Mechanical Inspector; and

WHEREAS, Wayne has been an integral part of the City of Midland, has exhibited enthusiasm in his position and assisted the administration in application of the Plumbing/Heating/Mechanical Code to ensure the health, safety and welfare of the citizens of the City of Midland; and

WHEREAS, this individual has devoted fourteen years of professional service to the City of Midland and retired January 16, 1998; now therefore

RESOLVED, that the City Council hereby commends the dedicated career rendered to the Midland community for fourteen years by Wayne E. Blossey, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.)

James Mercer - Retirement The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, James H. Mercer, born in Detroit, Michigan, joined the City of Midland as Electrical Inspector on April 4, 1975; and

WHEREAS, James retires from the position of Electrical Inspector; and

WHEREAS, James has been an integral part of the City of Midland, has exhibited enthusiasm in his position and assisted the administration in application of the Electrical Code to ensure the health, safety and welfare of the citizens of the City of Midland; and

WHEREAS, this individual has devoted nearly twenty-three years of professional service to the City of Midland and retired January 15, 1998; now therefore

RESOLVED, that the City Council hereby commends the dedicated career rendered to the Midland community for nearly twenty-three years by James H. Mercer, and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.)

Barstow Airport Master Plan Jack Duso, Assistant City Manager, introduced Stephanie Ward, Airport Planner from Whitworth-Borta, Inc.

Whitworth-Borta, Inc. is the airport planning consultant for the Michigan Department of Transportation Bureau of Aeronautics and the City of Midland. Whitworth-Borta, Inc. recommended adoption of the updated Barstow Airport Master Plan incorporating Alternatives 4 and 8. Robert Smith, Chairman of the Barstow Airport Advisory Commission, expressed the Commission's belief that Barstow Airport is an important part of the City of Midland and supported the updated Master Plan. Patti Halm, City Attorney, addressed the issue of placing an advisory question on the ballot concerning the continuation of Jack Barstow Airport. The Home Rule Cities Act permits City Charters to provide for the acquisition and disposal of property, including airports. The Midland Charter does specify the City Council shall be responsible for the acquisition and disposal of City property. There is no Charter authority for submitting the decision of whether to purchase or sell property to the voters. The Attorney General has opined that "Statutory powers specifically delegated by the Legislature to a municipal corporation may not be redelegated by that body to the electors." Midland's Charter allows for initiative and referendums, but is very specific in that it only refers to ordinances. The Courts have held that the purchase or sale of property is an administrative decision, and therefore, is not a question that can be submitted to the voters. A public hearing was opened at 8:25 p.m. James Pollack, a member of the Barstow Airport Advisory Commission, supported the approval of the Master Plan. Michael McComb, 5808 Snowberry Court, urged Council to vote no on the updated Master Plan, consider the safety factor, pledge not to follow through on Whitworth-Borta's recommendations, cut off City funds to the Airport and consider if we should institute user fees for the airport. John R. Mier, 4311 Arbor Drive, supported the airport and stated the MidMichigan Regional Medical Center uses the airport to fuel the helicopter used in emergencies, the airport is used for training flights, and storage of planes for the Gypsy Moth Spray Program. Matthew Janson, 806 Vance Road, flies for a living and urged Council to approve the Master Plan. Daniel Jenkins, 3621 Fuller Drive, a student, stated the Boy Scouts use the airport to achieve merit badges and urged Council to keep the airport open. Wilma Diesen, 5802 Flaxmoor, urged Council to take a hard look at Barstow Airport in its entirety and consider the possibility of selling Barstow. Charles Hepenstal, 1317 North Parkway, urged Council to turn down the Master Plan and close the airport. Harold Stoughton, 1510 Suncrist, opposed the Master Plan. Richard McCreadie, 2700 Washington, felt land was too valuable to use as an airport and urged Council to reject the Master Plan and close the airport. Wilson Coomer, 223 E. Collins Street, cited emergency hospital care a reason to keep Barstow Airport open. Dale Johnson, 3704 Cambridge, wanted Barstow Airport to stay open. Donald Miller, 421 Morningside, was concerned about air safety and believes it would be safer for aircraft to use MBS International Airport. Joseph Malan, 5013 Highridge Court, expressed concern that a duplication of services may be occurring since MBS International Airport is so close. The public hearing closed at 9:20 p.m. Charles Hepenstal, 1317 North Parkway, raised a point of order on the notice of public hearing published in the Midland Daily News indicating that Alternative 9 was recommended. Patti Halm, City Attorney, indicated the "Resolved" clause of the notice only stated that a public hearing on the Master Plan would be held and did not indicate Alternative 9 would be specifically approved. The following resolution was then offered by Councilman Coppage and seconded by Councilman Moolenaar:

WHEREAS, a proposed updated Master Plan has been prepared and presented by Whitworth-Borta, Inc. airport planning consultants for the Michigan Department of Transportation Bureau of Aeronautics and the City of Midland, recommending adoption of Alternative 9 with the recommended immediate and future improvements as indicated in Chapter 3, page 14; and

WHEREAS, public input meetings have been held on August 28, 1997 and October 15, 1997 resulting in 16 requests for adoption of Alternative 9 and two letters addressing the proposed Alternative 9; and

WHEREAS, the Barstow Airport Advisory Commission has reviewed the proposed updated Master Plan at their regular meeting of December 1, 1997, and unanimously adopted a motion recommending that the Master Plan as prepared by Whitworth-Borta be forwarded to City Council with their strong endorsement and recommendation for adoption; specifically utilizing Alternative 9 as summarized in Chapter 3, page 14 which identifies 3 recommended immediate improvements and 6 recommended future planning needs to be addressed as funding permits (from the Bureau of Aeronautics and/or City of Midland); and

WHEREAS, at a special meeting of the Barstow Airport Advisory Commission on January 22, 1998, the Commission unanimously rescinded its December 1, 1997 resolution of recommendation to the City Council and adopted a resolution recommending that the Master Plan be adopted utilizing Alternatives 4 and 8 in place of Alternative 9; and

WHEREAS, the city staff has reviewed the recommendation of the Barstow Airport Advisory Commission and the Master Plan Update and recommends that the Master Plan Update be adopted utilizing Alternatives 4 and 8; and

WHEREAS, a public hearing has been conducted to provide the public an opportunity to comment on the proposed Master Plan Update; now therefore

RESOLVED, that after having considered the recommendation of the Barstow Airport Advisory Commission, city staff, and comments by the public, the City Council hereby adopts the updated Barstow Airport Master Plan prepared by Whitworth-Borta, Inc. utilizing Alternatives 4 and 8 and authorizes the city administration to take the necessary steps to file the updated plan with the appropriate agencies. (Motion adopted.)

Traffic Code - Ordinance Amend. Penny K. Kovacevich, City Clerk/Treasurer, presented information on the second reading of ordinances

amending the Traffic Code. The following ordinance amendment was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

ORDINANCE NO. 1403

An ordinance to amend the Code of Ordinances of the City of Midland, Michigan, by amending Section 24-30 of Article III of Chapter 24 thereof; by amending Sections 24-40, 24-42, and 24-45 of Article IV of Chapter 24 thereof; by repealing Section 24-47 and adding a new Section 24-47 of Article IV of Chapter 24 thereof; by adding a new Section 24-48 of Article IV of Chapter 24 thereof; and by adding a new article, which new article shall be Article V of Chapter 24 thereof and entitled "Impounding of Vehicles".

The City of Midland Ordains:

Section 1. Section 24-30 of Article III of Chapter 24 is hereby amended to read as follows:

Sec. 24-30. Records to be kept; annual operating statement; annual audit.

The city manager shall cause to be maintained and kept, proper books of record and account, in which shall be made full and correct entries of all transactions relating to the system. Not later than four (4) months after the close of each fiscal year, the city manager shall cause to be prepared, a statement in reasonable detail, showing the cash income and disbursements of the system at the beginning and close of the operating year and such other information as may be necessary to enable any taxpayer of the city or user of the service furnished to be fully informed as to all matters pertaining to the financial operation of the system during such year. Such annual statement shall be filed in the office of the city clerk, where it shall be open to public inspection. Such books of record and account shall be audited annually by a certified public accountant, to be designated by the city council, and a certified copy of such audit shall be filed with the city clerk.

Section 2. Sections 24-40, 24-42, 24-45 of Article IV of Chapter 24 are hereby amended to read as follows:

Sec. 24-40. Parking violations bureau established; treasurer to supervise.

Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, being Section 600.8395 of the Michigan Compiled Laws, a parking violations bureau, for the purpose of accepting civil infraction admissions in parking violation cases occurring within the city and for collecting and retaining civil fines and costs as prescribed by this Article, is hereby established. The parking violations bureau shall be under the supervision and control of the city treasurer.

Sec. 24-42. Disposition of violations.

No violation not scheduled in Section 21-130 shall be disposed of by the parking violations bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the bureau and, in any case, the person in charge of such bureau may refuse to dispose of such violation, in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.

Sec. 24-45. Dismissal of parking violation without penalty.

If, after investigation, any police officer assigned by the police chief or the city treasurer or any employee assigned by the treasurer, shall certify that because of a defective parking meter, improper or missing sign, stolen vehicle, or that if all material facts had been known at the time, the parking violation should not have been issued; or, that the parking violation notice is incomplete in a material detail, erroneous, issued to a vehicle licensed out of state, is the responsibility of a nonresident of the state, or that it is not feasible to determine the identity of the violator, the violation may be disposed of by the parking violations bureau without penalty, and the certificate attesting such facts shall be attached to the notice of violation.

Section 3. Section 24-47 of Article IV of Chapter 24 is hereby repealed and a new Section 24-47 is hereby added to read as follows:

Sec. 24-47. Collection of penalties.

The parking violations bureau is authorized to collect any penalties due hereunder in any appropriate manner, including but not limited to the use of a third party or agency, provided that any agreement for such collection services is approved by the City Council.

Section 4. Section 24-48 of Article IV of Chapter 24 is hereby added to read as follows:

SEC. 24-48. Right to appeal.

Parking violations may be appealed to the Parking Violations Bureau by the alleged violator. Appeals may be filed on forms available at the Parking Violations Bureau located at the City Treasurer's Office. The appeal shall be reviewed pursuant to Sec. 24-45. The alleged violator shall be notified in writing of the decision regarding the appeal.

Section 5. A new Article V of Chapter 24 of the Code of Ordinances of the City of Midland shall be established as follows:

ARTICLE V. IMPOUNDMENT OF VEHICLES

Sec. 24-58. Procedure for impoundment of vehicles.

The impounding of vehicles shall be done in accordance with the following procedures:

  1. The City Manager or a designated representative of the City Manager is hereby authorized to cause to immediately remove a vehicle from public property or any other place open to travel by the public and impound the vehicle in any of the following circumstances:
    1. When a vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.
    2. When a vehicle is parked upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.
    3. When a vehicle is left unattended on a bridge, viaduct, causeway, subway, tube or tunnel where the vehicle constitutes an obstruction to traffic.
    4. When a disabled vehicle on a street constitutes an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury, incapacitated and unable to provide for the vehicle's custody or removal.
    5. When a vehicle is left unattended on a street and is parked in a manner which constitutes a definite hazard or obstruction to the normal movement of traffic.
    6. When a vehicle is found being driven on the streets or highways in an unsafe condition which endangers persons or property.
    7. When a vehicle is left continuously unattended on a street for more than 48 hours and may be presumed to be abandoned.
    8. When the driver of the vehicle is taken into custody by the police department and the vehicle would thereby be left unattended on the street.
    9. When removal is necessary in the interest of public safety because of fire, flood, storm, snow or other emergency reason.
    10. When a vehicle is found parked in a tow-away zone which is designated by the traffic engineer and which is properly signposted.
    11. When any vehicle is identified and located whose owner has failed to answer six (6) or more parking violation notices or citations regarding illegal parking.

2) When a vehicle is impounded under subsection (1) of this section, all of the following shall be done:

  1. Check to determine if the vehicle has been reported stolen.
  2. Within 24 hours after impounding the vehicle, enter the vehicle as impounded into the law enforcement information network.
  3. Within 10 days, excluding Saturday, Sunday, and legal holidays, after impounding the vehicle, send a notice that the vehicle has been impounded to the owner and the secured party, if any, by certified mail. The notice shall be on a form provided by the Secretary of State and contain all of the following information:

i. The year, make and vehicle identification number of the vehicle.

ii. The location from which the vehicle was taken into custody.

iii. The date on which the vehicle was taken into custody.

iv. The name and address of the police agency in whose custody the vehicle is being held.

v. The location where the vehicle is being held.

vi. The procedure to redeem the vehicle.

vii. The date by which the vehicle must be redeemed.

viii. That a procedure exists to contest the impoundment of the vehicle.

ix. A warning that the failure to redeem the vehicle or to contest the impoundment of the vehicle within 20 days after the date of this notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.

  1. If the owner does not contest the impoundment of the vehicle, he or she may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.
  2. If the owner contests the impoundment of the vehicle, the matter shall be resolved after a hearing conducted in the 75th District Court. An owner who contests the impoundment of the vehicle may obtain release of the vehicle by posting a bond equal to the accrued towing and storage charges or by paying the towing and storage fees instead of posting the towing and storage bond.
  3. After the disposition of the hearing described in subsection (4) of this section and, if a hearing is not requested, not less than 20 days after the date the notice described in subsection (2)(c) of this section is sent, the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed.
  4. A public sale shall be conducted in the following manner:

a) It shall be under the control of a police agency.

  1. It shall be open to the public and consist of open auction bidding; provided, however, that a minimum bid may be required to cover the expenses set forth in subsection (2)(a) and (b) and the expenses incurred by the City in conduction of the public sale.
  2. It shall be held not less than 5 days after public notice of the sale has been published.
  3. The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was taken into custody. The public notice shall give a description of the vehicle for sale and shall state the time, date and location of the sale.

7) The money received from the public sale of the vehicle shall be applied in the following order of priority:

  1. Towing and storage charges.
  2. Expenses incurred by the police agency.
  3. To the secured party, if any, in the amount of the debt outstanding on the vehicle.
  4. Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.

8) If there are no bidders on the vehicle, the police agency may do one of the following:

  1. Turn the vehicle over to the towing firm to satisfy charges against the vehicle.
  2. Obtain title to the vehicle for the police agency or the unit of government the police agency represents by doing both of the following:

i. Paying the towing and storage charges.

ii. Applying for title to the vehicle.

  1. Hold another public sale pursuant to subsection (6) of this section.

9) Within 2 days, excluding Saturday, Sunday and legal holidays, after the disposition of the vehicle, the police agency shall do both of the following:

a) Notify the Secretary of State of the disposition.

b) Cancel the entry into the law enforcement information network described in subsection 2(b) of this section.

  1. No impoundment shall be authorized from any private property.
  2. Impoundment shall only be permitted in the case of an unattended vehicle on public property or any other place open to travel by the public.

12) No person shall willfully interfere with the removal of a vehicle impounded, or being impounded, pursuant to this Chapter. No person shall remove or attempt to remove an impounded vehicle from storage except in accordance with the procedure established by this Chapter.

Section 6. This Ordinance shall take effect on March 31, 1998. (Ordinance adopted.)

Parking Penalties The following ordinance amendment was offered by Councilman Wazbinski and seconded by Councilman

Coppage: ORDINANCE NO. 1404

An ordinance to amend the Code of Ordinances of the City Of Midland, Michigan, by adding a new article, which new article shall be Article VIII of Chapter 21 thereof and entitled "Parking Penalties".

The City of Midland Ordains:

Section 1. That a new Article VIII of Chapter 21 of the Code of Ordinances of the City of Midland shall be established as follows:

CHAPTER 21

ARTICLE VIII. PARKING PENALTIES

Sec. 21-130. Parking violations and penalty schedule.

The following parking violations may be settled by payment of the penalty designated:

Offense Penalty

(a) Failure to display required permit $ 7.00

(b) Parking too far from curb 7.00

(c) Angle parking violations 7.00

(d) Obstructing traffic 15.00

(e) Prohibited parking (signs unnecessary):

(1) On sidewalk 7.00

(2) In front of a public or private driveway 7.00

(3) Within an intersection.................................................................. 15.00

(4) Within 15 feet of hydrant 15.00

(5) On a crosswalk 7.00

(6) Within 20 feet of a crosswalk or 15 feet of corner lot lines 7.00

(7) Within 30 feet of traffic control signal or device 7.00

(8) Safety zone 15.00

(9) Within 50 feet of a railroad crossing 15.00

(10) Within 20 feet of a fire station entrance 15.00

(11) Within 75 feet of a fire station entrance 15.00

(on opposite side of street, signs required)

(12) Beside street excavation when traffic obstructed 15.00

(13) Double parking 7.00

(14) On bridge or viaduct or within tunnel 15.00

(15) Within 200 feet of accident where police in attendance 7.00

(16) In front of any theater 7.00

(17) Blocking emergency exit 15.00

(18) Blocking fire escape 15.00

(f) Leaving vehicle unattended with the motor running or with keys in vehicle 7.00

(g) In prohibited zones (signs required) 7.00

(h) In an alley 7.00

(i) Parking on lawn extension 7.00

(j) Parking for prohibited purpose:

(1) Displaying vehicle for sale 7.00

(2) Working on or repairing vehicle 7.00

(3) Displaying advertising 7.00

(4) Selling merchandise 7.00

(5) Storage over 48 hours 7.00

(k) Wrong side boulevard roadway................................................................. 7.00

(l) Loading zone violation 7.00

(m) Bus, parking other than bus stop 7.00

(n) Taxicab, parking other than cab stand 7.00

(o) Bus, taxicab stand violations 7.00

(p) Meter violations 5.00

(q) Meters, not parked within space 7.00

(r) Violations of parking lot parking regulations 7.00

(s) Parking on footwalks, bridges, paths, sidewalks, grass plots or

planted spaces of park or boulevard.... 7.00

(t) Parking on streets between 3:00 a.m. and 6:00 a.m. ............................... 7.00

(u) Failure to set brakes 7.00

(v) Parked on grade, wheels not turned to curb 7.00

(w) Bicycle parking violations 7.00

(x) Overtime parking violations 5.00

(y) Left wheel to curb (car must be parked in direction

of lawful traffic movement)........................................................................ 7.00

In the event any of the foregoing penalties are not paid within seven (7) days from the date of issuance of the traffic ticket or notice of violation, the amount of penalty shall double.

Section 2. This Ordinance shall take effect on March 31, 1998. (Ordinance adopted.)

PUBLIC COMMENTS: Wilson Coomer, 223 Collins Street, expressed opposition to the possible changes to Collins Street. In his opinion,

taking down the parking signs would relieve some of the congestion on the street. Richard McCreadie, 2700 Washington, opposed the pay increases given to the City Manager and City Attorney this year and last year. In his opinion, the raises were too high for the service given.

Sag-Mid Water Supply Corp. Financial Statement & Audit Report Noel Bush, Utilities Director, introduced Gary Peters, P.E.,  from Saginaw-Midland Water Supply Corporation. Mr. Peters reviewed the annual financial statements and auditor's report and provided an update on the proposal to refinance a portion of the Corporation's debt.


Bresnan Communication Agmt. Patti Halm, City Attorney, stated the non-exclusive franchise agreement made on January 30, 1984, for a

fifteen year period with Gerity Cablevision then transferred to Bresnan Communications, expires on January 30, 1999. The following resolution as presented will establish a Cable Franchise Committee to assist in gathering information through the public meeting process and provide input to staff regarding the proposed new franchise agreement. The following resolution was then offered by Councilman Tysse and seconded by Councilman Coppage:

WHEREAS, the City of Midland entered into a non-exclusive franchise agreement with Gerity Cablevision on January 30, 1984; and

WHEREAS, this franchise agreement was assigned to Bresnan Communications on November 7, 1986; and

WHEREAS, the period of the franchise agreement is fifteen years and as such shall expire on January 30, 1999; and

WHEREAS, Bresnan Communications has requested that the City renew its franchise agreement for an additional fifteen year period; and

WHEREAS, the City wishes to begin the process of gathering information regarding the community's cable-related needs and evaluating Bresnan's performance under its existing franchise; now therefore

RESOLVED, that the Midland City Council hereby establishes a Cable Franchise Committee whose membership shall consist of the members of the Cable Advisory Committee, and as ex officio members the MCTV Director, a representative from the public, a representative from the educational community and a representative from the City administrative staff; and

RESOLVED FURTHER, that the purpose of the Cable Franchise Committee shall be to gather information through the public meeting process and to provide input to staff regarding the proposed new franchise agreement; and

RESOLVED FURTHER, that the Cable Franchise Committee shall be disbanded once Bresnan's franchise agreement has been renewed or City Council has made the determination not to renew said agreement; and

RESOLVED FURTHER, that staff is directed to request volunteers for the representative positions on the committee and to forward a list of applicants for these positions to Council at its February 9, 1998 council meeting; and

RESOLVED FURTHER, that staff is authorized to solicit bids from cable consultants and to make a recommendation to Council. (Motion adopted.)

United Steelworkers of America District Picnic The following resolution was offered by Councilman  Wazbinski and seconded by Councilman Coppage:

WHEREAS, the United Steelworkers of America wish to host a district picnic in Emerson Park on May 30, 1998; and

WHEREAS, the event is expected to draw visitors from throughout Ohio and Michigan and requires considerable planning; and

WHEREAS, the City's Parks Rules, which are pursuant to Section 17-9 of the Code of Ordinances provide that reservations for park space can be made after March 1 of the current year; and

WHEREAS, the Parks and Recreation Commission recommended at their January 13, 1998 meeting that the Steelworkers be granted an early reservation; now therefore

RESOLVED, that the United Steelworkers are hereby authorized to reserve Emerson Park for use on May 30, 1998 for their district picnic. (Motion adopted.)

RE/MAX - Open House Signs The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the request dated January 6, 1998, from RE/MAX of Midland asking permission to place "open house" real estate signs on the public right-of-way is hereby deemed to be of public or civic interest; now therefore

RESOLVED, that the City Council hereby grants permission to RE/MAX of Midland to place "open house" real estate signs on the public right-of-way for a period of two years in accord with Article I, Section 22-2 of the Code of Ordinances. (Motion adopted.)

United Steelworkers Strike Mayor Drummond Black requested he be allowed to abstain from voting on the request from Local 14704 of

the United Steelworkers of America to use the public right-of-way for placement of wind breaks and port-a-johns during a strike against the MidMichigan Regional Medical Center. MidMichigan Regional Medical Center is a client of the law firm Mayor Black works for. Council unanimously agreed to the abstention. Mayor Pro Tem Coppage presided. Patti Halm, City Attorney, presented information on the request. Craig Campbell, 4088 N. Sturgeon Road, speaking on behalf of the United Steelworkers Local 14704, requested a favorable vote on the resolution. Ray Gunderson, 609 Crescent Drive, requested Council get specific location sites. Councilman Wazbinski moved, seconded by Councilman Moolenaar, to approve the resolution. After a discussion, Councilman Wazbinski moved, seconded by Councilman Tysse, to amend the resolution to read "at least 100 feet from either side of emergency entrance of Orchard Drive." The following amended resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that under the provisions of Section 22-1 of the Code of Ordinances, permission is hereby granted to Local 14704 of the United Steelworkers of America to erect and maintain wind breaks and port-a-johns on the public rights-of-way of Saginaw Road, Orchard Drive, at least 100 feet from either side of emergency entrance of Orchard Drive and Sugnet Road adjacent to the Mid Michigan Regional Medical Center for the duration of the strike subject to placement which does not interfere with visibility and the safe movement of vehicles as determined by the Traffic Engineer. (Motion adopted. Yeas: Coppage, Moolenaar, Tysse, Wazbinski Nays: None Abstained: Black) Mayor Black then presided over the rest of the meeting.

80 Acre Donation - Dow Chemical Martin McGuire, Director of Public Services, presented information on the proposed donation of land to the City

from The Dow Chemical Company. Councilman Tysse, currently an employee of The Dow Chemical Company, requested that he be allowed to abstain from voting. Council unanimously agreed to the abstention. Mayor Black expressed his concern regarding noise pollution from this area. Council directed staff to prepare a report on possible noise pollution from this area and report back to Council in one month (February 23, 1998). The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

RESOLVED, that action regarding the donation of eighty acres for parks purposes from The Dow Chemical Company is hereby postponed until February 23, 1998. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Easement - Dyckman Sewer Relocation The following resolution was offered by Councilman   Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the attached Partial Release of Right of Way Easement from W.R. Crissey and Ethel Crissey, to the City of Midland, for a public sanitary sewer across Lot 13 of Northpark Acres, in Section 9, T. 14 N., R. 2 E., is hereby accepted and that the Partial Release of Right of Way Easement is ordered recorded. (Motion adopted.)

Agreements - 3S Construction 1994 South Dublin Improvement  The following resolution was offered by Councilman  Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City of Midland entered into a contract with 3-S Construction known as the 1994 South Dublin Road Improvement Program, Contract No.4; and

WHEREAS, 3-S subcontracted part of the work to be performed under this Contract to Janet Sand & Gravel; and

WHEREAS, Janet Sand & Gravel used "glasphalt" as pavement, a product not authorized under the Contract; and

WHEREAS, the City and 3-S Construction have disagreed as to the impact that this product will have on the condition of the road; and

WHEREAS, the City and 3-S Construction want to finalize payment under the Contract and to provide for assurance of the quality of the road during the next fifteen years; now therefore

RESOLVED, that the Mayor and the City Clerk are hereby authorized to enter into the Settlement and Release Agreement wherein a final payment of $35,000 will be made to 3-S Construction under the 1994 South Dublin Road Improvement Program, Contract No. 4 and 3-S will warrant that portion of the road installed by Janet Sand & Gravel for a period of fifteen years; and

RESOLVED FURTHER, that the Mayor and the City Clerk are hereby authorized to enter into an Escrow Agreement for Road Repairs wherein 3-S Construction will deposit $12,500 with Chemical Bank to cover the cost of the aforementioned future repairs. (Motion adopted.)

Cabot Corporation - IFT The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that an application dated November 13, 1997 was originally received December 4, l997, and updated and revised portions received January 5, 1998 from Cabot Corporation with supporting data pursuant to Public Act 198 of the Public Acts of the State of Michigan of 1974, as amended, for an industrial facilities exemption certificate within the Dow Chemical Company Industrial Development District No. 3 relating to new facilities including new building improvements, machinery, equipment, furniture and fixtures with the facility intended to provide for construction of a fumed silica manufacturing facility including real and personal property in the amount of $41,620,193 relating to new facility approval to allow expansion in the Dow Chemical Company Industrial Development District No. 3 is hereby acknowledged received and ordered placed on file in the City Clerk's office; and

RESOLVED FURTHER, a hearing shall be held before the City Council on Monday, February 23, l998, at 7:30 p.m., in the Council Chambers at City Hall, 333 W. Ellsworth Street, Midland, Michigan, for the purpose of affording the applicant, the City Assessor and representatives of the affected taxing units an opportunity for a hearing on the application and the City Clerk shall provide written notice thereof in accordance with Section 5 of Public Act 198. (Motion adopted.)

Closed Session-Pending Litigation The following resolution was offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that in accord with Section 8(e) of Public Act 267 of the Public Acts of the State of Michigan of 1976, as amended, and upon adoption of this resolution by at least four affirmative votes of the City Council, the City Council shall immediately adjourn to a closed session to consult with its attorney regarding pending litigation which, if discussed at an open meeting, would have a detrimental financial effect on the litigating or settlement position of the public body. (Motion adopted. Roll Call Vote: Yeas: Black, Coppage, Moolenaar, Tysse, Wazbinski Nays: None)

Being no further business the meeting adjourned to a closed session at 10:50 p.m.


_____________________________________

Penny K. Kovacevich, City Clerk