May 18, 1998

A regular meeting of the City Council was held on Monday, May 18, 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 May 11, 1998 regular meeting was offered by Councilman Wazbinski and seconded by Councilman Moolenaar. (Motion adopted.)

Retirement - Lewis Bauder, Jr. The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

IN RECOGNITION

WHEREAS, Lewis E. Bauder, Jr., born in Mount Pleasant , Michigan, joined the City of Midland Department of Public Services as a Laborer on April 10, 1967; and

WHEREAS, Lewis was promoted to Driver Operator in 1969, Heavy Equipment Operator in 1971, and is retiring as Heavy Equipment Operator from the Utilities Department; and

WHEREAS, Lewis has been an integral part of the City, has exhibited enthusiasm in his position and assisted the department in delivering quality services to the public; and

WHEREAS, this individual has devoted thirty-one years of professional service to the City of Midland and retires May 26, 1998; now therefore

RESOLVED, that the City Council hereby commends the outstanding work and dedicated career rendered to the Midland community for thirty-one years by Lewis E. Bauder, Jr., and extends best wishes to him upon his retirement from the City of Midland. (Motion adopted.)

Safe Boating Week Yvonne Hoag and David Zielinski, from the Saginaw Bay Power Squadron, appeared before Council to promote "Safe Boating Week" on May 16 - 22, 1998. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating the week of May 16 - 22, 1998, as SAFE BOATING WEEK in Midland. (Motion adopted.) Mayor Black then presented the proclamation to Yvonne Hoag and David Zielinski.

Make Midland Beautiful 1998 The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor is hereby authorized to issue the attached proclamation designating May 17 - 23, 1998, as the start of Make Midland Beautiful 1998. (Motion adopted.)

Trail Day The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating Saturday, June 6, 1998, as TRAIL DAY in Midland. (Motion adopted.)

98 Sidewalk Improvement Program Jerry Hammond, City Engineer, gave a brief presentation on the proposed 1998 Sidewalk Improvement Program. A public hearing was opened at 7:53 p.m. Comments were heard on the following locations:

ALBEE LANE: Tom McCann, 3310 Jefferson, was opposed to sidewalks on the east side of Albee Lane. He proposed sidewalks be placed on the west side of Albee Lane. Phillip Brooks, 2108 Rumple Court, speaking on behalf of his mother who resides at 2201 Pinehurst Court, was opposed to placement of sidewalk on Albee Lane.

Councilman Coppage suggested that construction of sidewalk be deferred until the Albee Lane paving special assessment program is paid for. Councilman Moolenaar felt the placement of sidewalk in this area was not a safety issue, therefore, he favored removing Albee Lane from the sidewalk program. Councilmen Moolenaar and Tysse requested sidewalk north of Rumple and the remainder of Albee Lane be removed from the sidewalk program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, the sidewalk north of Rumple and the remainder of Albee Lane was eliminated from the 1998 Sidewalk Program.

APPLEWOOD ROAD: Bruce and Ingeborg Geisert, 3706 Applewood Road, Bernard Butcher, 3610 Applewood Road, Harper Camp, 3100 Applewood Road, Irvin Hignite, 3108 Applewood Road, James Peters, 3109 Applewood Road and Donna Beitel, 3418 Applewood Road, all spoke in opposition to the proposed sidewalk on Applewood Road.

Councilman Tysse suggested Applewood Road be removed from the program based on the small amount of traffic on Applewood and lack of support from residents. Councilman Moolenaar supported the removal of Applewood from the program. Councilman Coppage supported the placement of sidewalk on Applewood and the sidewalk priority program. Councilman Wazbinski was in favor of placing sidewalks on at least one side of most streets in

the City of Midland. Mayor Black agreed that sidewalks should be placed on at least one side of most streets citing safety and convenience as justification for placement. Councilmen Tysse and Moolenaar requested that Applewood be removed from the 1998 Sidewalk Program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, Applewood Road was eliminated from the 1998 Sidewalk Program.

CYPRESS STREET: Michael Mason, 808 Cypress Street, opposed sidewalks on Cypress based on it’s a low traffic area. Council agreed to eliminate the west side of Cypress Street (from Bay City Road to Henry Street). The east side of Cypress Street (from Bay City Road to Henry Street) will remain on the 1998 Sidewalk Program.

DAUER STREET: Kristine Jurn, 2807 Dauer Street, Donald Toland, 2909 Dauer Street and Harriet Thurston, 2929 Dauer Street, all opposed the placement of sidewalk on Dauer Street. Mayor Black suggested the sidewalk be constructed on the east side of Dauer Street. Council agreed to delete the west side of Dauer Street from the sidewalk program and directed sidewalk to be installed on the east side of Dauer Street.

EASTMAN AVENUE: Patrick Pnacek, 7007 Eastman, opposed construction of sidewalk on the west side of Eastman Avenue. For safety reasons, Council ordered the placement of sidewalk on Eastman Avenue on the west side from US-10 to the East-West 1/4 Line of Section 32.

GARY STREET: Deleted from 1998 Sidewalk Program. Councilmen Coppage, Moolenaar and Tysse supported the removal of Gary Street from the 1998 Sidewalk Program.

HEMLOCK STREET: Edward Holliday, 331 Hemlock and Norman Fookes, 401 Hemlock, were opposed to sidewalk on Hemlock Street. Tom McCann, 3310 Jefferson, requested Council consider placement of sidewalk on Wackerly at Jefferson. Councilmen Tysse and Moolenaar requested Hemlock Street be removed from the 1998 Sidewalk Program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, Hemlock Street was eliminated from the 1998 Sidewalk Program.

HIGHLAND DRIVE: Alice Hawley, 5810 Highland Drive and Dennis Kent, 5800 Highland Drive, opposed the placement of sidewalk on Highland Drive. Councilmen Tysse and Moolenaar requested Highland Drive be removed from the 1998 Sidewalk Program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, Highland Drive was eliminated from the 1998 Sidewalk Program.

HILLCREST ROAD: Hal Moore, 527 Hillcrest, David Smith, 625 Hillcrest, Jerry Swartz, 530 Hillcrest, Hugh Starks, 524 Hillcrest, Keith Spencer, 636 Hillcrest, Keith Osmer, 628 Hillcrest, Ruth Dixon, 515 Hillcrest, Arthur Klawuhn, 639 Hillcrest and Connie Cauche, 523 Hillcrest, all spoke in opposition to placement of sidewalk on Hillcrest Road. Councilmen Tysse and Moolenaar requested Hillcrest Drive be removed from the 1998 Sidewalk Program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, Hillcrest Road was eliminated from the 1998 Sidewalk Program.

NORFOLK STREET: Eric Sweden, 210 Norfolk, Kurt Koppi, 302 Norfolk and Lawrence Thompson, 314 Norfolk, all opposed placement of sidewalk on Norfolk. Councilmen Tysse and Moolenaar requested that Norfolk Street be removed from the 1998 Sidewalk Program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, Norfolk Street was eliminated from the 1998 Sidewalk Program.

NORTH PARKWAY: Charles Hepenstal, 1317 North Parkway and Claudia Fry, 1410 W. Sugnet, opposed placement of sidewalk on North Parkway. Councilmen Tysse, Moolenaar and Coppage requested North Parkway be removed from the 1998 Sidewalk Program. The nays having the majority, North Parkway was then removed from the 1998 Sidewalk Program.

NORWOOD DRIVE: Todd Piper, 2108 Norwood and Wendell Dilling, 1810 Norwood, opposed placement of sidewalk on Norwood Drive. Councilmen Tysse and Moolenaar requested Norwood Drive be removed from the 1998 Sidewalk Program. A 4/5 vote was required for approval. Because only three Council members were in support of the installation, Norwood Drive was eliminated from the 1998 Sidewalk Program.

OTTAWA STREET: Stephen Christensen, 4410 Ottawa Street, opposed placement of sidewalk on Ottawa Street. Council agreed to remove Ottawa Street (east and west side) from the 1998 Sidewalk Program.

SAM STREET: Tom McCann, 3310 Jefferson, opposed placement of sidewalk on the west side of Sam Street and suggested sidewalks be placed on the east side instead. Council agreed to remove Sam Street from the 1998 Sidewalk Program and requested that the east side of Sam Street be listed as a 3.1 priority and the west side as a 4.1 priority.

The public hearing on the 1998 Sidewalk Construction Program was closed at 11:05 p.m. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, the City Council has ordered due notice of its intention to construct sidewalks in certain streets, said streets being listed as follows:

Cottonwood Street (west side) Bay City Road to Henry Street

Cottonwood Street (west side) Bay City Road to Cobb

Cypress Street (east side) Bay City Road to Henry Street

Darby Street (north side) Lawndale Drive to McGill Street

Dauer Street (east side) Ashman Street to end of court

Eastman Avenue (west side) US-10 to the East-West 1/4 Line of Section 32

Evamar Drive (south side) Bayberry Lane to Siebert Street

Friar Lane (west side) Heathermoor Drive to the end of the existing walk

Gettysburg Street (north side) Illinois Drive to the end of the existing walk

Illinois Street (west side) Gettysburg Street to the end of the existing walk

McGill Street (east side) Ashman Street to Darby Street

Union Street (south side) George Street to State Street

and has heretofore established one special assessment district which is to be known as the "1998 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" and has heretofore ordered due notice that it would meet on the 18th day of May, 1998, for the purpose of hearing and considering any objections or suggestions on the proposed sidewalk improvements; and

WHEREAS, the City Council has met pursuant to said notice on said day at the time specified in said notice and has heard and considered all objections and suggestions to the proposed sidewalk improvement program; now therefore

RESOLVED, that the necessary plans and specifications contained in the City Manager’s report of April 13, 1998, on file in the office of the City Clerk be and the same hereby are approved; and

RESOLVED FURTHER, that a special assessment district for the purpose of said combined improvements be and hereby is approved to be known as the "1998 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" and that said district comprises and includes the foregoing described lands and premises; and

RESOLVED FURTHER, that the detailed estimate of cost of said improvements in said district is hereby approved in the amount of fifty-two thousand seven hundred sixty-eight dollars ($52,768.00); and

RESOLVED FURTHER, that the proportion of the cost and expense of said improvement to be borne and paid for by the General fund shall be four thousand three hundred sixty-six dollars ($4,366.00) and that all other costs and expenses of said improvement amounting to forty-eight thousand four hundred two dollars ($48,402.00) shall be borne and paid by special assessment on all lands and premises in said Special Assessment District as heretofore established and approved; and

RESOLVED FURTHER, that the Council hereby determines that the installation of sidewalk in the herein listed streets is a necessary public improvement, conducive to the public health and general welfare of the people of the City of Midland, and that the City Council proceed to construct said sidewalks in accordance with the plans and specifications, adopted for the same, and in accordance with the resolutions heretofore adopted by the Council in regard to said proposed sidewalk improvements; and

WHEREAS, the Council is desirous of affording the several owners of property located on the above described streets the opportunity of causing their own sidewalks to be constructed at their own expense; be it

RESOLVED FURTHER, that the City Council does hereby determine that all sidewalks to be constructed by property owners shall be completed on or before July 31, 1998, and that an agreement must be executed by each property owner wishing to install their own sidewalks, in a form acceptable to the City Attorney, which guarantees completion of the sidewalks by no later than July 31, 1998, and that said agreement is received by City Council for approval at their June 8, 1998, meeting; and

RESOLVED FURTHER, subject to the qualification set forth in the immediately preceding paragraph of this resolution, that all sidewalks not being completed by the property owners, shall be constructed by the City of Midland, the cost thereof to be financed by special assessments to be levied against the several properties so affected in accordance with the Special Assessment Ordinance; and

RESOLVED FURTHER, that the City Assessor of said City be and hereby is directed to prepare and report to the City Council a Special Assessment Roll, for said "1998 SIDEWALK IMPROVEMENT SPECIAL ASSESSMENT DISTRICT", as heretofore established by the Council, and to assess and levy upon the several lots and premises remaining in said district, said sums of money in proportion to the estimated benefits resulting thereto from said improvement, computed as near as practicable on a front foot basis. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

ZTA No. 132A James Schroeder, Director of Planning and Community Development, presented information regarding Zoning Text

Amendment No. 132A. The Planning Commission submitted a recommendation for approval of the amendment. The following ordinance amendment was then offered by Councilman Coppage and seconded by Councilman Tysse:

ORDINANCE NO. 1413

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 ORDINANCE BY AMENDING ARTICLE XXXI--SIGNS, SECTION 31.1(a)3, CONTENT OF SIGNS IN ONE- AND TWO-FAMILY RESIDENTIAL DISTRICTS, AND SECTION 31.5(b), GROUND POLE SIGNS IN BUSINESS DISTRICTS.

The City of Midland Ordains:

Section 1. That Article XXXI--SIGNS, Section 31.1(a)3, Content of Signs in One- and Two-family Residential Districts, and Section 31.5(b), Ground Pole Signs in Business Districts, of Zoning Ordinance No. 727, being the Zoning Ordinance of the City of Midland, are hereby amended, as follows:

ARTICLE XXXI--SIGNS

Section 31.1 RESIDENTIAL AND AGRICULTURAL DISTRICT SIGNS

This Section shall apply to signs within the Agricultural Zoning District and all Residential Zoning Districts.

(a) One- and two-family residential uses.

1. Size. One (1) sign not exceeding two (2) square feet in area shall be permitted per dwelling unit.

2. Location. Permitted signs may be placed anywhere on the premises except as restricted elsewhere by this Ordinance, and except as follows:

a. A sign may not project within five (5) feet of any property line.

b. If a ground sign, the height shall not be more than three and one-half (3 1/2) feet.

3. Content. The sign may indicate the street address, telephone number, and name of any legal use permitted on the property on which the sign is located.

Section 31.5 BUSINESS DISTRICT SIGNS

This Section shall apply to the Business "B-1," Business "B-2," and Business "C" Zoning Districts.

(b) Ground pole signs.

1. Sign area. Except as provided herein, only one (1) ground pole sign is permitted for an individual parcel, the maximum area of the pole sign being determined as follows:

For parcels with a street frontage of fifty (50) feet or less, a pole sign up to fifty (50) square feet in area is permitted. For parcels with a street frontage greater than fifty (50) feet, the maximum allowable sign area may be increased by one (1) foot for each additional foot of length of street frontage, up to a maximum of one hundred fifty (150) square feet.

EXCEPTIONS:

- For double-fronting parcels, the criteria shall apply to each street.

- Corner parcels with a frontage of three hundred (300) feet or more on each street shall be permitted a ground pole sign for each street frontage. Said signs shall be a minimum of one hundred fifty (150) feet apart.

- A parcel with a street frontage in excess of six hundred sixty (660) feet may have an additional pole sign. Said signs shall be a minimum of five hundred (500) feet apart.

2. Location. Except as restricted in Section 31.11(f), ground pole signs may be located anywhere on the property, but shall not project over any public right-of-way.

3. Sign content. A sign may indicate the name, address, and telephone number of the occupant of the premises on which the sign is located, and may contain information only about the goods and services sold, produced, or transacted on the premises.

4. Off-premise directional signs. A property zoned Business "B-1," Business "B-2," or Business "C," when located along a US or State highway route, or when within three hundred (300) feet of an expressway interchange ramp, may display directional sign information limited to the name and logo for food, fuel, and lodging establishments not located on that property. Said signs are limited to four (4) square feet of the total sign area permitted on the property and eight (8) feet in height.

5. Gasoline service stations, motels, and restaurants adjacent to the US-10 controlled access highway on a parcel of greater than one hundred fifty (150) feet width abutting US-10, and with a depth greater than two hundred (200) feet, as measured perpendicularly from US-10, may construct additional pole signs oriented to the highway, in accord with the following:

LENGTH OF LAND ADDITIONAL POLE MAXIMUM AREA MAXIMUM

ABUTTING US-10 SIGNS ALLOWED ALLOWED HEIGHT

150 - 600 feet 1 (one) 150 sq. ft. 25 ft.

Each additional 1 (one) 150 sq. ft. 25 ft.

600 feet

Minimum spacing between signs, one hundred twenty-five (125) feet.

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. (Ordinance adopted.)

PUBLIC COMMENTS Tom McCann, 3310 Jefferson Avenue, spoke in opposition to the granting of tax abatements and opposed giving funds to Midland County Economic Development Corporation from the Community Development Block Grant Program. Mr. McCann requested Council consider sending certified letters notifying affected residents on zoning text amendments. Mr. McCann, who owns several rental properties, also requested he be notified when there is brush or heavy items on one of his properties so that he can see that it is removed.

98-99 City of Midland Budget Robert Fisher, Director of Fiscal Services, presented information to Council regarding the adoption of the 1998-99 City of Midland Budget. The budget would establish the millage rate, authorize imposition of a tax administration fee and a late penalty collection fee during the City’s 1998 fiscal year. It would also restrict the use of property tax revenue resulting from the tax appeal contingency levy. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Tysse:

WHEREAS, a public hearing on the 1998-99 budget was held on Monday, May 11, 1998, at 7:30 p.m., in accord with Section 11.4 of the Charter of the City of Midland and State of Michigan Act 5, Public Acts of 1982, as amended; and

WHEREAS, MCL 211.44 permits local governments which administer property taxes to impose a Property Tax Administration Fee not to exceed one percent (1%) on taxes payable before February 16 of the succeeding year; and

WHEREAS, Section 12.17 of the Charter of the City of Midland requires the City Treasurer to add a four percent (4%) collection fee to all taxes paid after the 15th day of September; and

WHEREAS, pursuant to MCL 211.44, as amended, the governing body must approve by resolution or ordinance an authorization for the imposition of a property tax administration fee, collection fee or any type of late penalty charge; and

WHEREAS, it is the desire of the governing body of the City of Midland to authorize the imposition of a one percent (1%) tax administration fee and a four percent (4%) late penalty collection fee to all applicable taxes levied by all taxing units and payable to the City of Midland; and

WHEREAS, the taxable value of real and personal property in the City of Midland has been determined to be $2,064,583,750, plus $75,074,530 of value on the Industrial Facilities Tax Roll; now therefore

RESOLVED FURTHER, that the City Assessor is hereby authorized and instructed to levy 8.51 mills for operations, 2.49 mills for tax appeal contingency reserve and 0.60 mills for general obligation debt, a total of 11.60 mills, on the Taxable Value of the various classes of property in the City of Midland on the 1998 City tax roll, in accordance with provisions of Act 114, Public Acts of 1979; and

RESOLVED FURTHER, that in accordance with the recommendation of the Downtown Development Authority, the City Assessor is hereby authorized and instructed to levy an additional 2.00 mills for operations on the Taxable Value of the various classes of property on the 1998 City tax roll in the Downtown Development District; and

RESOLVED FURTHER, that in accordance with MCL 211.44 the City Assessor is hereby authorized and instructed to impose a tax administration fee of one percent (1%) on all applicable taxes levied on both the Summer and Winter property tax bills, to offset costs incurred by the City of Midland in assessing property values, collecting property tax levies and in the review and appeal processes; and

RESOLVED FURTHER, that the City Treasurer is hereby authorized and instructed to add to all taxes paid after September 15 and February 16, a four percent (4%) late penalty collection fee, said collection fee to be calculated on the base tax plus the one percent (1%) tax administration fee; and

RESOLVED FURTHER, that all property tax revenues resulting from said 2.49 mill tax appeal contingency levy, along with interest earned thereon by the City, shall be placed in a Tax Appeal Contingency Reserve within the General Fund, shall be restricted solely for adjustments resulting from the major tax appeals of Midland Cogeneration Venture, The Dow Chemical Company and Dow Corning Corporation for 1997 and subsequent years,

and shall be accumulated until final disposition of said tax appeals occurs, whereupon any unused funds in said Reserve shall be returned to City taxpayers through a future millage reduction. (Motion adopted.)

Boards & Commissions Prior to Council appointing members to various Boards and Commissions, Mayor Black invited comments from applicants. Thomas Lind appeared before Council requesting they consider his application for the Planning Commission. The following thirteen resolutions were then presented for consideration.

Aviation Advisory Commission The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that James W. Pollack is hereby reappointed as a citizen at large member to the Aviation Advisory Commission for a term to expire June 30, 2001. (Motion adopted.)

Board of Review The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that Larry Marshall is hereby reappointed to the Board of Review for a term to expire April 30, 2001. (Motion adopted.)

Building, Fire, Mechanical & Housing Board of Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that William Phillips is reappointed as the registered architect member and Chuck Lichon is hereby appointed as the Health Department representative to the Building, Fire, Mechanical & Housing Board of Appeals for terms to expire June 30, 2001. (Motion adopted.)

Dial-A-Ride Advisory Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Virginia Morrison is hereby reappointed as the senior member to the Dial-A-Ride Advisory Commission for a term to expire June 30, 2001. (Motion adopted.)

Electrical Board of Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that Mark Bauer is hereby reappointed as the Class 2 or Class 3 electrical journeyman representative and Bernard Bartos is hereby reappointed as the registered electrical engineer representative to the Electrical Board of Appeals for a term to expire June 30, 2001. (Motion adopted.)

Local Officers Compensation Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Robert O’Hara is hereby reappointed as a citizen at large member to the Local Officers Compensation Commission for a term to expire June 30, 2005. (Motion adopted.)

Merit System Board The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Loraine K. Mault is hereby appointed as a citizen at large member to the Merit System Board for a term to expire June 30, 2001. (Motion adopted.)

Parks & Recreation Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Esther Gerstacker and Bruce Peck are hereby reappointed as citizen at large members to the Parks and Recreation Commission for terms to expire June 30, 2001. (Motion adopted.)

Planning Commission The following resolution was offered by Councilman Moolenaar and seconded by Councilman Tysse:

RESOLVED, that Ray Senesac and James Geisler are hereby reappointed and Thomas Lind is hereby appointed as citizen at large members to the Planning Commission for terms to expire June 30, 2001. (Motion adopted.)

Plumbing Board of Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that Bob Dodick is hereby reappointed as a citizen at large member to the Plumbing Board of Appeals for a term to expire June 30, 2001. (Motion adopted.)

Sewer District Board of Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that Don Hall is hereby appointed as a citizen at large member to the Sewer District Board of Appeals for a term to expire June 30, 2001. (Motion adopted.)

West Main Street Historic District Commission The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that Walter Rupprecht is hereby reappointed as the Historical Society representative to the West Main Street Historic District Commission for a term to expire June 30, 2001. (Motion adopted.)

Zoning Board of Appeals The following resolution was offered by Councilman Wazbinski and seconded by Councilman Tysse:

RESOLVED, that Henry Holthof and Joseph Johnson are hereby reappointed as citizen at large members to the Zoning Board of Appeals for terms to expire June 30, 2001. (Motion adopted.)

Hangar Lease Agmt - (Schmelzer) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, David R. Schmelzer desires to rent Unit #1 of Hangar Building #11-A for aircraft storage purposes for the amount of $77.00 per month ($924.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #1; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #1 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 Lease Agmt - (Schmelzer) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, David R. Schmelzer desires to rent Unit #2 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1,410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #2; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #2 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 Lease Agmt - (Bartosek) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, Michael J. Bartosek desires to rent Unit #4 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1,410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #4; now therefor

RESOLVED, that the City Council hereby approves rental of Unit #4 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 Lease Agmt - (Morris) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, Larry Morris desires to rent Unit #11 of Hangar Building #11-A for aircraft storage purposes for the amount of $117.50 per month ($1,410.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #11; 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 Lease Agmt - (Schmelzer) The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, David R. Schmelzer desires to rent Unit #12 of Hangar Building #11-A for aircraft storage purposes for the amount of $77.00 per month ($924.00 per year); and

WHEREAS, the City Attorney has prepared a lease agreement for rental of T-Hangar Unit #12; 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.)

Hangar COMM-12 (CM Systems) Lease Agreement The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, a land lease agreement has been executed for Hangar Site "Hangar COMM-12" by the proposed lessor, Al Heffron, of CM Systems, 796 N. St. Joseph No. 41, Suttons Bay, Michigan, 49682; 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 "Hangar COMM-12" with Al Heffron and authorizes the Mayor and City Clerk to execute the lease agreement on behalf of the City. (Motion adopted.)

MBS International Airport - Operation Agreement The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland, the City of Saginaw and the City of Bay City entered into two agreements on August 18, 1941, the first providing for the acquisition, ownership and operation of the Tri-City Airport and the second creating the "Tri-City Airport Commission"; and

WHEREAS, since that time, said agreements have been modified and the County of Bay has acquired the interest previously held by the City of Bay City; and

WHEREAS, the most recent agreement between the parties, dated July 1, 1970, must be updated to change the name of the Commission to reflect the change in the airport’s name from Tri-City Airport to MBS International Airport, to authorize the Commission to schedule its own meetings and to eliminate reference in the Agreement to the bonds that were issued to secure the joint maintenance fund now that the bonds have been fully paid; now therefore

RESOLVED, that the revised Agreement for the ownership and operation of the MBS International Airport is hereby approved and the Mayor and the City Clerk are authorized to execute said Agreement on behalf of the City of Midland. (Motion adopted.)

WalMart Reimbursement (Sewer & Water Main Oversizing) Jerry Hammond, City Engineer, presented information regarding reimbursement to Wal-Mart for a sanitary sewer extension and oversizing of the sewer. It has been the City’s practice to reimburse developers for the additional cost for oversizing sanitary sewers to provide capacity beyond the immediate need of the site under development. An 18" sanitary sewer was extended north along the center of Section 33 to serve areas north of Joe Mann Boulevard. This reimbursement would provide for the additional cost incurred for a sanitary sewer over 10". The following resolution was then offered by Councilman Tysse and seconded by Councilman Moolenaar:

WHEREAS, the City of Midland is desirous of having an 18" sanitary sewer constructed along the North-South 1/4 Line of Section 33, T. 15 N., R. 2 E., to serve as an outlet for future sewers and development in the area north of Joe Mann Boulevard; and

WHEREAS, Wal-Mart has agreed to build said sewer; and

WHEREAS, the cost to perform the additional work as requested by the City of Midland is $37,600.75; and

WHEREAS, funding for the cost of the sewer construction is available in the Wastewater Fund; now therefore

RESOLVED, that following installation and testing of the sewers and certification by the City Engineer, the Finance Director is hereby authorized to reimburse the cost of $37,600.75 to Wal-Mart. (Motion adopted.)

Annexation - Larkin Twp. James Schroeder, Director of Planning and Community Development, presented information regarding the annexation of property on the east side of Dublin Road north of Airport Road. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the City Council of the City of Midland herewith approves the annexation of the following described property to the City of Midland:

Commencing at a point 50 rods North of the Southwest corner of the South fractional 1/2 of the Southwest fractional 1/4 of Section 31, T15N, R2E, Larkin Township, Midland County, Michigan, running thence North 16 rods; thence East 20 rods; thence South 16 rods; thence West 20 rods to the Point of Beginning,

pursuant to Section 9(8) of Public Act 279 of the Public Acts of the State of Michigan of 1909, as amended [MSA 5.2088; MCLA 117.9] as a result of similar petitions filed both with the City of Midland and the Township of Larkin by property owners that are the subject of the petition and hold 100 percent of the record legal title to said property, and upon which no qualified electors presently reside, other than the petitioners, with said annexation to the City of Midland to be accomplished upon the passage of a similar resolution by the Township Board of the Township of Larkin. (Motion adopted.)

Preliminary Plat - Sterling Park Subdivision No. 10 James Schroeder, Director of Planning and Community Development, presented information regarding the Preliminary Plat of Sterling Park Subdivision No. 10. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, the City Council has reviewed the Preliminary Plat of Sterling Park Subdivision No. 10; and

WHEREAS, a report has been received from the City Planning Commission recommending approval of said plat in accord with Section 23-13 of the Code of Ordinances of the City of Midland; and

WHEREAS, the approval of the County Drain Commissioner has been received; now therefore

RESOLVED, that the City Council does hereby give tentative and final approval to the Preliminary Plat of Sterling Park Subdivision No. 10, in accord with the drawings dated April 16, 1998, in accord with Section 23-14 and Section 23-15 of the Code of Ordinances of the City of Midland. (Motion adopted.)

Easement - Dow Chemical Co. Councilman Tysse, an employee of The Dow Chemical Company, requested Council allow him to abstain from voting on the issue regarding an easement granting The Dow Chemical Company the right to own, operate & maintain a portion of its building located at 500 E. Lyon that encroaches onto the public right-of-way at Bayliss. Council unanimously agreed to the abstention. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

WHEREAS, The Dow Chemical Company owns a building located at 500 E. Lyon Road in the City of Midland; and

WHEREAS, said building has been in existence since at least 1961; and

WHEREAS, The Dow Chemical Company is in the process of transferring ownership of the property to the Dow Chemical Employees’ Credit Union; and

WHEREAS, as part of this process, The Dow Chemical Company has obtained a title policy that indicates that the existing building encroaches onto the City of Midland right of way on Bayliss by approximately one feet by seventy-four feet; and

WHEREAS, The Dow Chemical Company has requested that the City grant Dow an easement which will eliminate the encroachment by permitting the existing building to continue its existence on the right of way; now therefore

RESOLVED, that the attached easement is hereby approved and the Mayor and the City Clerk are authorized to execute said easement on behalf of the City of Midland. (Motion adopted. Yeas: Black, Coppage, Moolenaar, Wazbinski Nays: None Abstained: Tysse)

Proposed Vacation of NE Corner of Washington & Haley The following resolution was offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

 WHEREAS, a petition has been received from William and Linda Kirker, requesting the vacation of property on the northeast corner of Washington and East Haley Streets; now therefore

RESOLVED, that the vacation of said property be referred to the City Planning Commission, the City Engineer, and the Department of Public Services for review and recommendation. (Motion adopted.)

Foster Care License - 1520 W. Carpenter Street James Schroeder, Director of Planning and Community Development, presented information regarding a request to recommend approval of a license for a Foster Family Group Home at 1520 West Carpenter Street. Connie Grimm, owner of the home at 1520 West Carpenter Street, urged Council to look favorably upon her request and recommend approval of a license for a Foster Family Group Home. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, a license application notice has been received from the Michigan Department of Consumer and Industry Services for the licensing of a Foster Family Group Home for a capacity of 5 to 6 children at 1520 West Carpenter Street in the City of Midland; and

WHEREAS, State law requires a notification of the area and a response from the City relative to said application; and

WHEREAS, the proposed facility is located less than 1,500 feet from another existing similar facility; now therefore

RESOLVED, that the City Council indicates that the issuance of said license is recommended. (Motion adopted.)

98 Isabella Sanitary Sewers & Water Mains; Contract No. 1 The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the installation of sanitary sewers on Isabella, Chippewa River and Renee Streets and water mains on Isabella and Renee Streets; and

WHEREAS, funding for this project is provided by Special Assessments, Wastewater and Water Funds (Account Nos. 802-259 and 802-247); now therefore

RESOLVED, that the Director of Fiscal Services is hereby authorized to transfer $125,300 from the Wastewater Fund capital reserve to the 1998 Isabella Road Sanitary Sewer Improvement project in the Special Assessment Construction Fund; and

RESOLVED FURTHER, that the Director of Fiscal Services is hereby authorized to transfer $43,400 from the Water Fund Water System account to the 1998 Isabella Road Water Main Improvement project in the Special Assessment Construction Fund; and

RESOLVED FURTHER, that the low sealed proposal submitted by Great Lakes Contracting Enterprises, Inc. of Freeland, Michigan, for the "1998 Isabella Sanitary Sewers and Water Mains; Contract No. 1", in the indicated amount of $817,522.00, based upon City estimated quantities is hereby accepted and the Mayor and the City Clerk are authorized to execute a contract therefore in accord with the proposal and the City's specifications; and

RESOLVED FURTHER, that the City Manager has the authority to approve any change orders modifying or altering this contract in an amount up to $20,000. (Motion adopted.)

Being no further business the meeting adjourned at 12:25 a.m.

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