REGULAR MEETING - STURGIS CITY COMMISSION MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 8,...

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 8, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Lutz, Eaton, McCarthy, Bir, Mayor Dobberteen Commissioners absent: None Minutes of the previous regular meeting held December 23, 1996 were approved as corrected. County Commissioner Cameron Brown will meet with MDOT representatives on January 30, 1997 to discuss the request for a traffic light to be installed at the intersection of US-12 and Franks Avenue. Public Hearing to spread the Special Assessments for underground electric, street lights, water main, sanitary sewer, curb, gutter and paving in Wilshire II Subdivision was held. Moved by Comm. McCarthy and seconded by Comm. Holsinger that the following Resolution be adopted:

RESOLUTION RESOLVED, that the Special Assessment Roll for Underground Electric UG-9701-$8,908.14, Street Lights SL9701-$10,333.43, Water W9735-$23,200.57, Sewer S9706-$25,898.31, Paving P9754-$62,048.02 as presented by the City Assessor be confirmed, on a per lot basis and that the same be divided into six (6) equal installments with the interest at 6% per annum payable to the Treasurer of the City of Sturgis, THAT, DRJS ENTERPRISES, INC., 1201 North Lakeview, Sturgis, Michigan 49091, the current owner of the above referenced lots, or its successors in interest, shall pay the stated assessed amounts in Six (6) installments with interest at Six (6%) Percent per annum commencing as of December 15, 1996. The first annual installment of principal and accrued interest shall be due as of February 14, 1998 or upon sale of a lot, whichever event is first to occur, and successive installments shall be due each February 14 thereafter until the assessment is paid in full. NOTICE is further provided that if, within Five (5) years after the sale of a lot by DRJS ENTERPRISES, INC. there is no single-family residence built upon that lot, the lot owner shall pay in a lump sum an additional assessment upon the property equal to the difference between the assessment paid as of that date for that lot and Two (2) times the total assessment stated in this Notice for that lot.

FURTHER, that owners of Lots 114-$4,291.68, Lot 115-$4,292.63, Lot 116-$4,295.97, Lot 117-$4,301.22, Lot 118-$4,907.87 all in Wilshire Park #2 Subdivision; or their successors in interest, shall pay the stated assessments at this time or, at their option, upon the sale of the respective lot or improvement of the lot; FURTHER, Lot 135, Wilshire Park #2 Subdivision in the amount of $1,840.00 (P-9756) to be paid on or before February 14, 1997; FURTHER, Lot 128, Wilshire Park #2 Subdivision in the amount of $2,600.00 in Six (6) installments with interest to be paid at the rate of Six (6%) percent per annum commencing as of December 15, 1996. The first annual installment of principal and accrued interest shall be due as of February 14, 1998, and successive installments shall be due each February 14 thereafter until the assessment in paid in full. Voting yea: Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Public Hearing for Community Development Block Grant for Ross Laboratories Infrastructure 1993-1996 was held. Industrial Development Director Gerry Mayer reported. Moved by Comm. Lutz and seconded by Comm. Bir to accept the report as presented. Voting yea: Nine Voting nay: None MOTION CARRIED City Manager Jerome Kisscorni presented a report on the rate increase with Coldwater Cablevision. Moved by Comm. McCarthy and seconded by Comm. Bir to schedule a Special City Commission meeting on Wednesday, January 15, 1997 at 7:00 p.m. at the Sturges-Young Auditorium for the Sturgis Police Department Annual Awards and Recommendation from the Sturgis Hospital Board on an affiliation agreement with Bronson Hospital. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $416,800.72 and the City bills in the amount of $4,589,377.76 or a total of $5,006,178.48 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 8:02 p.m.

________________________ Carol R. Rambadt, City Clerk

SPECIAL MEETING - STURGIS CITY COMMISSION PRAIRIE/PIONEER/PATRIOT ROOMS

STURGES-YOUNG AUDITORIUM WEDNESDAY, JANUARY 15, 1997

Mayor Dobberteen called the meeting to order at 7:00 p.m. Commissioners present: Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: Harrison Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Police Chief Eugene Alli presented the 8th Annual Police Department Awards. CERTIFICATE OF APPRECIATION Mr. Adan Perez Mrs. Maria Perez Mr. Gary Bowman Mr. Brian Riley Mr. Dave Anspaugh Amateur Radio Public Service Association CITIZEN CITATION Sturgis Journal - Mr. Richard A. Piatt, Editor WMSH Radio - Mr. Tom Flynn, Station Manager Ms. Cheryl Moyer Mr. John Carr SPECIAL RECOGNITION AWARDS St. Joseph Co. Sheriff=s Dept. - Sheriff Matt Lori Lagrange Co. Sheriff=s Dept. - Sheriff Randy Merrifield Michigan State Police-Post 52-F/Lt. Rod Olney, Post Commander D/Sgt. Frederick Kempski-Michigan State Police-Fire Marshal Div. D/Sgt. Robin Baker-St. Joseph Co. Sheriff=s Dept. Sgt. Bruce Morse-St. Joseph Co. Sheriff=s Dept. Sgt. Dennis Brandenberg-St. Joseph Co. Sheriff=s Dept. Deputy Lonnie Palmer-St. Joseph Co. Sheriff=s Dept. Deputy Jim Holton-St. Joseph Co. Sheriff=s Dept. Reserve Deputy Richard Metty-St. Joseph Co. Sheriff=s Dept. Sgt. Tony Hagen-White Pigeon Police Dept.

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UNIT CITATION D/Sgt. James McNeil (2) Ptl. Richard A. Johnson Sgt. David J. Ives Ptl. Brian Cooper Sgt. Terry Broker (2) Dispatcher Rick L. Sweitzer Sgt. Philip Campbell Records Clerk Diana Campbell Sr. Ptl. John Winkens (2) Animal Control Officer Bruce Harker (2) Sr. Ptl. Larry Whitney Reserve Officer Rhonda Oldenberg Ptl. Charles Jurgensen Reserve Officer Eric Alli Ptl. Luis A. Rosado (2) Former Police Officer Tim Nishon Ptl. David C. Northrop II (Currently Firefighter) Ptl. William Lentz Ptl. Larry Davis (Retired) MERITORIOUS SERVICE AWARD Sgt. David J. Ives (3) Ptl. David C. Northrop II Sgt. Philip Campbell Ptl. Luis A. Rosado (2) D/Sgt. James A. McNeil Ptl. Richard A. Johnson Sr. Ptl. Larry Whitney Ptl. Gary Gage (2) Ptl. Charles Jurgensen Ptl. Geoffrey Smith Former Police Officer Tim Nishon - (Currently Firefighter) Chief Eugene Alli (3) POLICE OFFICER PROFESSIONAL SERVICE AWARD 1996 Ptl. Richard A. Johnson Comm. Harrison present at 7:25 p.m. Mayor Dobberteen recessed the meeting at 7:48 p.m. The meeting was reconvened at 8:05 p.m. Sturgis Hospital Board President, John Mayer, introduced the recommendation from the Sturgis Hospital Board to approve an affiliation agreement with Bronson Hospital. David James, Sturgis Hospital Administrator, presented the Sturgis-Bronson Affiliation Agreement. Mayor Dobberteen opened the discussion to statements by several doctors in favor of the affiliation. Comments were then received from the audience.

RESOLUTION Moved by Comm. McCarthy and seconded by Comm. Bir to direct the Sturgis Hospital Board to adopt and ratify the Affiliation Agreement Draft #2, dated 1-13-97, with changes dated 1-15-97, and the City Attorney finalize the Agreement. Voting yea: Lutz, Eaton, Fair, Lampe, Harrison, Holsinger, McCarthy, Bir, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. Lampe and seconded by Comm. Bir that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:03 p.m.

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________________________ Carol F. Rambadt, City Clerk

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STURGIS CITY COMMISSION-PLANNING SESSION SATURDAY, JANUARY 18, 1997

STURGES-YOUNG AUDITORIUM

Mayor Dobberteen called the meeting to order at 8:30 a.m. in Union Room A of the Sturges-Young Auditorium. Commissioners present: All Also present: City Manager, Assistant City Manager City Manager Kisscorni opened the annual planning session with a preview of the agenda and the importance of such meetings to the community. The Commission reviewed a proposed $7-10 million dollar bond issue for improvements for electrical transmission and distribution and substations. The Electric Department must remain a modern operation to continue in an highly competitive free market system. Commissioner Holsinger reported on the options available for curbside recycling and residential refuse collection. More community input is desired before the Recycling Committee makes its final recommendations but following visits to facilities in Bluffton, Indiana and Battle Creek, the most feasible and economically viable program appears to be once a week residential pickup by one contractor citywide with recyclables sorted. The City could bill customers monthly on a utility bill and it is likely that most present customers would realize a noticeable savings. The City=s annual spring ABig Trash Pickup@ could also be discontinued at an annual savings of at least $25,000. The committee hopes St. Joseph County can play some role, perhaps financial, in assisting Sturgis with the creation of the program. The Commission discussed the Community Pool and Camp Fort Hill. It is likely the current semi-private board structure shall continue to operate Camp Fort Hill. The Pool appears to be an on-going financial drain on both the City & School System. Some agreement needs to be reached with the school board on future operation of the pool as it competes with other projects for importance to the community. The Commission reviewed a report (Broadband Feasibility Study) on the potential of a fiber optics network in Sturgis.

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The project has the potential of becoming the Anext Electric Department@ in the future, but start up costs and the risk factor may make it unworthy of consideration unless the private sector (local industry and utility companies) are financial participants. City Manager Jerome Kisscorni discussed a cost of Service Study developed by a private consultant and said that recommendations on proposed fee changes would be included in the 1997-98 budget presentation and that no increases would be implemented without Commission approval. The Commission was asked to review future use of Community Development Block Grant Revolving Loan Funds. Among the projects considered were clean up of the Paramount fire ruins, cleanup of other industrial and commercial eyesores, re-bricking or paving S. Nottawa Road, financing the fiber optics project, or continuing to use the funds for industrial projects. The general consensus was that industrial projects remain the top priority, first as loans, then as grants, with the prime benefactors remaining low and moderate income residents. The Commission reviewed a wide variety of community projects, needs and issues as presented by the City Manager. The Commission voiced concern about a negative image perceived by the community toward the police department following gambling raids at the American Legion and M&T golf course. The police chief will be invited to discuss the concerns at a future City Commission meeting. Commissioners also requested stepped up enforcement of existing ordinances by the Police and Building Departments for on and off street parking, exterior residential housing maintenance, junk cars and snow removal. The meeting adjourned at 4:00 p.m.

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 22, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: None Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the regular meeting held on Wednesday, January 8, 1997 were approved. Minutes of the special meeting held on Wednesday, January 15, 1997 were approved as corrected. Commissioner Holsinger presented a report regarding Recycling and Refuse Disposal Options. Zoning Administrator Mike Wood presented the Zoning Administration Year End Report. City Manager Jerome Kisscorni presented the Christmas Decorations Expense Report. City Manager Jerome Kisscorni presented a proposal on a AMichigan Dinosaur Discovery Center.@ Moved by Comm. Lampe and seconded by Comm. Lutz to set the date for the Boards and Commissions Annual Dinner for March 5, 1997. Voting yea: Eight Voting nay: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton that the City Commission hold a public hearing on Wednesday, February 12, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall to consider granting an Industrial Facilities Exemption Certificate to L.T.I. Printing, Inc. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Bir that the Bell Tower Committee be given the authority to use the north end of Oaklawn Park. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the City bills, in the amount of

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$830,080.15 and the Hospital bills, in the amount of $729,837.89, or a total of $1,559,918.04 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. McCarthy and seconded by Comm. Bir to proclaim January 30, 1997 as National Appreciation Day for Catholic Schools and to celebrate Catholic Schools week from January 26 through February 2, 1997. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to proclaim the month of February, 1997 as American History Month. Voting yea: Nine Voting nay: None MOTION CARRIED

RESOLUTION Moved by Comm. Lampe and seconded by Comm. Eaton to recess under the Open Meetings Act to discuss complaints concerning a City employee. Voting yea: Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Bir, Lampe, Mayor Dobberteen Voting nay: None MOTION CARRIED The meeting was recessed at 8:16 p.m. The meeting was reconvened at 11:02 p.m. Moved by Comm. Lampe and seconded by Comm. Eaton that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 11:02 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, FEBRUARY 12, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Bir, Lampe, Holsinger, Lutz, Eaton, Mayor Dobberteen Commissioners absent: McCarthy Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held January 22, 1997 were approved. Mayor Dobberteen presented a plaque and a certificate of appreciation to Ron Clarren for his twenty years of dedication to the community serving on various City boards. Public Hearing on issuing an Industrial Facilities Exemption Certificate to LTI Printing, Inc. was held. Moved by Comm. Holsinger and seconded by Comm. Harrison that an Industrial Facilities Exemption Certificate not to exceed $767,122.38 be awarded to LTI Printing, Inc. for a period of twelve (12) years and that the following resolution be adopted:

RESOLUTION WHEREAS, LTI Printing, Inc. in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to LTI Printing, Inc. and WHEREAS, on April 22, 1987 the City Commission established the Industrial Development District for the industrial property of LTI Printing, Inc. and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974,

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as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of LTI Printing, Inc. for an AIndustrial Facilities Exemption Certificate@. Voting yea: Harrison, Fair, Bir, Lampe, Holsinger, Lutz, Eaton, Mayor Dobberteen Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED. Mike Wilson, CPA, Norman & Paulsen, presented a report regarding the outcome of the City of Sturgis, September 30, 1996 Audit. Pat Horan, Platt Moran, presented a report regarding the Sturgis Hospital and Related Entities, September 30, 1996 Audit. Moved by Comm. Holsinger and seconded by Comm. Eaton to approve the following Resolution to Authorize the Publication of a Notice of Intent to issue Electric Bonds and Filing of a Notice of Intent to issue an Obligation with the Department of Treasury:

RESOLUTION WHEREAS, the City proposes to issue its tax-exempt bonds (the ABonds@) for the purpose of paying all or part of the cost of making certain improvements to the City=s electric distribution and transmission system, including, without limitation, the construction and equipping of three substations in connection with the replacement of four existing substations, the construction and equipping of a new building for the electric department in connection with its relocation from its existing facility and the acquisition of a site therefor, the acquisition and installation of new transmission equipment, the rebuilding of one or more transformers, the acquisition of all necessary appurtenances thereto and the making of site improvements related thereto (the AProject@); and WHEREAS, the City anticipates that it will issue the Bonds pursuant to Act No. 94, Public Acts of Michigan, 1933, as amended; and WHEREAS, the City desires to apply to the Local Audit and Finance Division of the Department of Treasury of the State of Michigan for an Order Providing Exception or, if an Order Providing Exception is unavailable, an Order of Approval, with respect to the issuance of the Bonds, by filing an application therefor in accordance with Act No. 202, Public Acts of Michigan, 1943, as amended (AAct 202"); and WHEREAS, it is anticipated that the City will advance all or a portion of the costs of the Project prior to the issuance of the Bonds, such advance to be repaid from proceeds of the Bonds upon the issuance thereof; and WHEREAS, Section 1.150-2 of the Treasury Regulations on Income Tax (the AReimbursement Regulations@) specifies conditions under which a reimbursement allocation may be treated as an expenditure of bond proceeds, and the City intends by this resolution to qualify amounts advanced by the City to the Project for reimbursement from proceeds of the Bonds in accordance with the requirements of the Reimbursement Regulations;

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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STURGIS, ST. JOSEPH COUNTY, MICHIGAN, as follows:

1. The City Clerk is authorized and directed to cause the following notice to be published and prominently displayed once in the Sturgis Journal:

NOTICE OF INTENTION OF THE CITY OF STURGIS, MICHIGAN TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $8,000,000 AND NOTICE OF

RIGHT TO PETITION FOR REFERENDUM THEREON TO ALL ELECTORS AND TAXPAYERS OF THE CITY OF STURGIS AND OTHER INTERESTED PARTIES:

NOTICE IS GIVEN that the City of Sturgis, County of St. Joseph, State of Michigan (the ACity@), intends to authorize the sale, issuance and delivery of revenue bonds in the principal amount of not to exceed $8,000,000 pursuant to Act No. 94, Public Acts of Michigan, 1933, as amended, for the purpose of paying all or part of the cost of making certain improvements to the City=s electric distribution and transmission system (the ASystem@), including, without limitation, the construction and equipping of three substations in connection with the replacement of four existing substations, the construction and equipping of a new building for the electric department in connection with its relocation from its existing facility and the acquisition of a site therefor, the acquisition and installation of new transmission equipment, the rebuilding of one or more transformers, the acquisition of all necessary appurtenances thereto and the making of site improvements related thereto.

The net revenues of the System will be pledged to the payment of the principal of, premium, in any, and interest on the bonds and any other outstanding bonds and other obligations of the System. In the event the bonds are sold to the Michigan Municipal Bond Authority (the AAuthority@), the City also intends to pledge and assign to the full extent permitted by the State Revenue Sharing Act of 1971, Act No. 140, Public Acts of Michigan, 1971, as amended, (AAct 140"), and the Shared Credit Rating Act, Act No. 227, Public Acts of Michigan, 1985, as amended, to the Authority as purchaser and holder of the bonds, all of the payments that the City is eligible to receive under Act 140 as additional security for the City=s obligations to pay the principal of, premium, if any, and interest on the bonds, as the same become due.

The maximum amount of the bonds to be issued is $8,000,000.

The bonds will be issued in one or more series and will mature in not to exceed 30 annual

installments with interest at a rate not to exceed 9.5% per annum for any stated maturity.

RIGHT TO PETITION FOR REFERENDUM THIS NOTICE IS GIVEN to and for the benefit of the electors and taxpayers of the City

of Sturgis (the ACity@) and other interested parties in order to inform them of the intention of the

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City to sell, issue and deliver the bonds and also to inform them of the right to petition for a referendum upon the question of selling, issuing and delivering the bonds. The City intends to sell, issue and deliver the bonds without a vote of the electors thereon, but the City will not sell, issue and deliver the bonds until 45 days after publication of this notice. If, within the 45-day period, a petition for referendum requesting an election on the sale, issuance and delivery of the bonds, signed by not less than 10% or 15,000 of the registered electors of the City residing within the City, whichever is less, has been filed with the City Clerk, the City will not sell, issue or deliver the bonds unless approved by a majority of the electors of the City voting thereon at a general or special election.

This notice is given by order of the City Commission pursuant to Act No. 94, Public Acts of Michigan, 1933, as amended. Further information may be obtained at the office of the City Clerk. Dated: February 12, 1997

/s/ Carol Rambadt City Clerk City of Sturgis, Michigan

2. It is determined that the above notice provides information to adequately inform

the taxpayers and electors of the City of the nature of the Bonds and the obligation to be undertaken by the City and of their right to file a petition for a referendum requesting an election on the issuance on the Bonds.

3. It is found and determined that the Sturgis Journal is a newspaper of general circulation in the City and is the newspaper reaching the largest number of persons to whom the notice is directed.

4. The issuance and sale of the Bonds shall be subject to permission being granted therefor by the Department of Treasury of the State of Michigan or an exception from prior approval being granted by the Department of Treasury. Either the City Manager or the City Clerk is hereby authorized and directed to prepare and file a Notice of Intent to Issue an Obligation or, if an Order Providing Exception is unavailable, an application for an Order of Approval, with the Local Audit and Finance Division of the Department of Treasury, to pay, upon the filing of said Notice, the filing fee of $400, and to take any and all action and execute any and all documents that my be required, necessary or desirable to obtain an Order Providing Exception or an Order of Approval with respect to the issuance of the Bonds, all in accordance with Act 202.

5. The maximum principal amount of obligations expected to be issued for the Project is $8,000,000.

6. The City declares its official intent to issue the Bonds to finance the costs of the Project, and declares that it reasonably expects to reimburse the City=s advances to the Project as

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anticipated by this Resolution.

7. The Bonds shall be authorized by proper proceedings subsequent to this Resolution.

8. All prior resolutions and parts of resolutions insofar as they may be in conflict with this Resolution are rescinded. Voting yea: Harrison, Fair, Bir, Holsinger, Lampe, Eaton, Lutz, Mayor Dobberteen Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED ON FEBRUARY 12, 1997. Moved by Comm. Lutz and seconded by Comm. Fair that the recommendation from the Sturgis Planning Board to Vacate Park Alley between Magnolia and Elm Streets be approved and that the following resolution be adopted:

RESOLUTION VACATING A PORTION OF PARK STREET ALLEY

WHEREAS, the City Commission of the City of Sturgis, County of St. Joseph and State of Michigan, the same being the legislative body of the said City of Sturgis, deems it in the best interests of the City of Sturgis that the following portion of street now situate and being within the City of Sturgis be vacated, being a portion of APark Street Alley@, so-called, to-wit:

A parcel of land located in St. Joseph County, Michigan, Section 1, Sturgis Township, in the City of Sturgis, in the Prairie Heights Addition to the City of Sturgis, according to the Plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan, in Liber 1 of Plats on Page 31, commencing at the southwest corner of Lot 6, Block 16, Prairie Heights Addition which is also the point of beginning, thence west 14.5 feet along the north line of Elm Street to the west line of Prairie Heights Addition, thence north along the west line of Prairie Heights Addition 264 feet to the south line of Magnolia Street, thence east along the south line of Magnolia Street 14.5 feet to the northwest corner of Lot 5, Block 16, Prairie Heights Addition, thence south along the west line of Lots 5 and 6, Block 16, Prairie Heights Addition 264 feet to the point of beginning.

and WHEREAS, it being advisable to vacate and abandon the said described property, due notice was published in the Sturgis Journal, a newspaper published and circulated in the City of Sturgis, County of St. Joseph, State of Michigan, as required by law, notifying the public and all interested persons that the City Planning board would meet and be in session on Tuesday, January 21, 1997 at 7:30 p.m. in the Wiesloch Raum, Sturgis City Hall, to hear and consider objections thereto; and WHEREAS, no one appeared at said meeting to object to the proposed vacation and abandonment and no objections having been filed with the City Clerk; and

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WHEREAS, the owner of the property adjacent to both sides of the portion of Park Street Alley proposed for abandonment has agreed, in the event the aforementioned portion of Park Street Alley is vacated and thereafter built upon by the said property owner, said owner would encase the top half of the storm sewer located within the abandoned street and relocate the water main contained therein, at its sole expense, and that said property owner has further agreed that the City of Sturgis would retain an easement upon said vacated portion of street for the purpose of constructing, repairing, substituting, removing, enlarging, replacing and maintaining the storm sewer, sanitary sewer and water main; and WHEREAS, the City Commission at its meeting on February 12, 1997, conducted a public hearing with respect to the proposed vacating of said portion of Park Street Alley, and received no objections thereto: NOW, THEREFORE, BE IT RESOLVED, subject to the City of Sturgis reserving an easement upon said property for the purpose of constructing, repairing, substituting, removing, enlarging, replacing and maintaining the storm sewer, sanitary sewer and water main, and further subject to the property owner adjacent to said portion of Park Street Alley agreeing to pay for the encasing of the top half of the storm sewer and relocation of the water main located therein, in the event a building is constructed upon said portions of said Park Street Alley, that the above described street be hereby vacated, abolished, abandoned and discontinued, and BE IT FURTHER RESOLVED, that within thirty (30) days from this date, the City Clerk shall forward a certified copy of this resolution to the Treasurer of the State of Michigan, and also a certified copy of this resolution to the Register of Deeds of the County of St. Joseph, State of Michigan, for recording, and that a proper record of this vacation and abandonment be entered into the Book of Plats of the City of Sturgis. Voting yea: Eight Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED. Moved by Comm. Harrison and seconded by Comm. Lutz that this be considered the first reading to Rezone Block 6 of F.W. Waits Highland Addition and that portion of Park Alley adjacent thereto, from (R-3) Residential to (M) Manufacturing. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED

RESOLUTION Moved by Comm. Lutz and seconded by Comm. Lampe that the Vinewood School Crossing and Crossing Guard be moved to the Chicago Road (US-12) and Franks Avenue Intersection starting next fall with the 1997-98 School Year; and that the Michigan Department of Transportation install a Traffic Signal, Pedestrian Activated Crosswalk Lights, and Overhead Lane Marking Signs prior to the beginning of the 1997-98 School Year. The City will participate 25% of installation and 25% of maintenance of the signal. Voting yea: Eight Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED.

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Moved by Comm. Holsinger and seconded by Comm. Lutz to approve the recommendation to have the City take over Youth Recreation starting September 1, 1997 and Youth Tennis this summer; and establish a Recreation and Parks Advisory Board. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz that the following resolution be adopted:

RESOLUTION PARKS AND RECREATION WHEREAS, the City of Sturgis is assuming operation of recreation activities excluding the Community Pool and Camp Fort Hill activities that have previously been operated by the Sturgis Community Schools; and, WHEREAS, recreation can mean many different things to different people of the City of Sturgis; and, WHEREAS, community input is needed to insure that a cross section of recreational needs are being met and developed. THEREFORE, BE IT RESOLVED, that the City of Sturgis create a Parks and Recreation Advisory Board of seven (7) members to advise and assist the Director of Parks and Recreation:

1. That the new Parks and Recreation Advisory Board consist of not less than three (3) members who are active in a local recreation organization, one (1) member who is a member of the Doyle Center Board and not less than two (2) members who have an interest in Parks and Forestry.

2. That the new Parks and Recreation Advisory Board will meet at a time convenient to encourage participation of the general public. BE IT FURTHER RESOLVED, that the current Cemetery and Parks Board be known as the Sturgis Cemeteries Advisory Board. Voting yea: Eight Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED. John Griffith, Electrical Superintendent, presented the annual APower Plant of the Year Award@ to the Sturgis Diesel Plant, which was awarded by the Ivan Cronkhite Chapter of the National Association of Power Engineers. City Manager, Jerome Kisscorni, presented an updated report regarding an annexation involving Hardings Property (Market Development Corp.), Century Bank Property (US-12 and Franks Ave.) and Fawn River Township Islands within the City. Moved by Comm. Lampe and seconded by Comm. Eaton to adjourn to a special meeting of the Shareholder of Sturgis Home Health Care, Inc. to formally dissolve the Company, along with its subsidiary Sturgis Health Care, Inc.

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Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED The regular meeting was recessed at 8:45 p.m. Moved by Comm. Bir and seconded by Comm. Lampe to approve the Waiver of Notice of Special Meeting of Shareholder as follows:

The City of Sturgis, through its City Commission, being the sole shareholder of Sturgis Home Health Care, Inc., a corporation duly organized and existing under the laws of the State of Michigan, pursuant to Motion duly made, seconded and unanimously approved, does hereby waive any and all notice of the special meeting of the shareholder of this corporation and all adjournments thereof, and does hereby consent and agree that the special meeting of the shareholder may and shall be held in the Wiesloch Raum - City Hall, Sturgis, Michigan, on February 12, 1997. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the following resolution be adopted:

RESOLUTION TO DISSOLVE STURGIS HOME HEALTH CARE, INC. AND STURGIS HEALTH CARE, INC.

BE IT RESOLVED that the transfer of all of Sturgis Home Health Care, Inc.=s (the ACompany@) assets and liabilities to the Sturgis Hospital is ratified; the Company is authorized to formally dissolve; the President of the Company is authorized to execute any documents necessary or reasonably desirable to effectuate the dissolution, including a Certificate of Dissolution; the Company subsidiary, Sturgis Health Care, Inc. is authorized to formally dissolve; and the President of Sturgis Health Care, Inc. is authorized to execute any documents necessary or reasonably desirable to effectuate the dissolution, including a Certificate of Dissolution. Voting yea: Eight Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED. The regular meeting was reconvened at 8:47 p.m. Moved by Comm. Eaton and seconded by Comm. Bir to approve the request from the Knights of Columbus, Sturgis Council #2508, to hold their annual Tootsie Roll Drive in Sturgis on March 21, 22 and 23, 1997. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Bir and seconded by Comm. Fair to grant permission to the Sturgis Crop

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Walk Organization to hold their 1997 Crop Walk on Sunday, April 27, from 1:00 p.m. until 4:00 p.m. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir to proclaim February 22, 1997 as AWalk for Warmth@ in the City of Sturgis. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir to proclaim March 1-7, 1997 as ANational Lutheran Schools Week@ in the City of Sturgis. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the City bills in the amount of $1,320,158.14 and the Hospital bills in the amount of $631,978.47, or a total of $1,952,136.61 be paid. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir that the following resolution be adopted:

RESOLUTION SUPPORTING REMEDIATION OF CONTAMINATED PROPERTY PURSUANT TO THE STATE CLEAN-UP PROGRAM/

CLEAN-UP AND REDEVELOPMENT FUND

WHEREAS, on April 1, 1996 a fire destroyed the building located at 303 St. Joseph Street, Sturgis, Michigan, commonly known as the Glabman-Paramount Furniture Building; and WHEREAS, ownership of that property has reverted to the State of Michigan; and WHEREAS, environmental conditions upon the property may pose an acute threat to the health and safety of the citizens of the City of Sturgis; and WHEREAS, that site and the property at 401 St. Joseph Street, Sturgis, commonly known as the Berridge Shear Building, constitute a potential industrial or commercial development site; and WHEREAS, state funding for remediation of contaminated facilities has recently been made available through the Clean-up and Development Fund to be administered by the Department of Environmental Quality; and WHEREAS, it is in the best interest of the City of Sturgis and its citizens to assist with and encourage the remediation of contaminated sites and the development of industry within the City;

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NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized and directed to make application to the Department of Environmental Quality for the State of Michigan through that Department to remediate the Glabman-Paramount Furniture Building site and the property to the west thereof, to fully cooperate with the Department of Environmental Quality with respect to the redevelopment to that property and to execute all documents reasonably necessary to accomplish that remediation and redevelopment. Voting yea: Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED.

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Moved by Comm. Lutz and seconded by Comm. Eaton to have the City Attorney draft an ordinance regarding emergency snow situations and enforcement of parking regulations at such times. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Fair that the City accept twenty (20) acres on South Lakeview Avenue donated by Newell Franks, Sr. to improve and develop as a recreational area. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Holsinger to appoint County Commissioner Mike Sutter to chair a Citizens Committee to research the conditions of South Nottawa, Pleasant, and West Main Streets. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED The meeting was adjourned at 9:16 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, FEBRUARY 26, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Mayor Dobberteen Commissioners absent: Lutz, McCarthy Also present: Assistant City Manager, City Attorney, City Clerk Minutes of the previous regular meeting held on Wednesday, February 12, 1997, were approved as corrected. Moved by Comm. Harrison and seconded by Comm. Eaton that this be considered the final reading to rezone Block 6 of the F.W. Waits Highland Addition and that portion of Park Alley adjacent thereto, from (R-3) Residential to (M) Manufacturing.

PROPERTY TAX #75-052-640-051-00 Effective: March 21, 1997 Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Harrison to accept the low bid from

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Playground Installers of Michigan, Holland, Michigan, for playground equipment for the New Arthur Carl=s Park Project for the Parks Department in the amount of $27,686.00. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to accept the low bid from Davey Resource Group, Kent, Ohio, for a Terrace Tree Inventory for the Parks Department in the amount of $16,500.00. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Bir and seconded by Comm. Fair that the City Commission hold a public hearing on Wednesday, March 26, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall, to consider vacating Park Alley between Magnolia and Elm Streets. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Holsinger that the City Commission hold a public hearing on Wednesday, March 26, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall, to consider granting an Industrial Facilities Exemption Certificate to Midwest Plastic Engineering, Inc. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir that the following resolution regarding Establishment of Brownfield Redevelopment Authority and Designation of Zone be adopted:

RESOLUTION WHEREAS, the Commission is authorized by the provisions of Act 381, Public Acts of

Michigan, 1996, as amended (AAct 381") to create a brownfield redevelopment authority; and WHEREAS, a proposed resolution incorporating a brownfield redevelopment authority

and designating a brownfield redevelopment zone pursuant to Act 381 has been presented to the Commission; and

WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed resolution as required by Act 381.

NOW, THEREFORE, BE IT RESOLVED THAT; 1. The Commission determines that it is necessary for the best interests of the

City of Sturgis to create a brownfield redevelopment authority pursuant to Act 381 in order to promote the revitalization of environmentally distressed areas within the City and the Commission hereby declares its intention to create and provide for the operation of a brownfield development

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authority pursuant to Act 381. 2. The brownfield redevelopment zone subject to the jurisdiction of the

brownfield redevelopment authority as provided in Act 381 is hereby tentatively designated as all property located within the corporate limits of the City of Sturgis, St. Joseph County, Michigan.

3. There shall be a public hearing on Wednesday, the 26th day of March, 1997 at 7:30 o=clock p.m. in the Wiesloch Raum of City Hall in the City of Sturgis, St. Joseph County, Michigan to consider adoption by the Commission of a resolution creating a brownfield redevelopment authority, designating the brownfield redevelopment zone in which the authority shall have jurisdiction, and setting out certain procedures in connection with the brownfield redevelopment authority.

4. The Clerk for the City of Sturgis shall cause notice of said public hearing to be published in the Sturgis Journal, a newspaper of general circulation in the City of Sturgis, twice before the public hearing. Each publication of the notice shall be not less than 20 and not more than 40 days before the date set for the public hearing. The notice shall be published as a display advertisement prominent in size.

5. The notice of the hearing shall be substantially in the following form:

NOTICE OF PUBLIC HEARING CITY OF STURGIS

COUNTY OF ST. JOSEPH, MICHIGAN ON THE FORMATION OF A BROWNFIELD REDEVELOPMENT AUTHORITY AND

DESIGNATION OF THE BROWNFIELD REDEVELOPMENT ZONE TO ALL INTERESTED PERSONS IN THE CITY OF STURGIS; PLEASE TAKE NOTICE that the City Commission of the City of Sturgis, County of St. Joseph, Michigan will hold a public hearing on Wednesday, the 26th day of March, 1997 at 7:30 o=clock p.m. in the Wiesloch Raum of City Hall, Sturgis, Michigan to consider the adoption of a resolution establishing a brownfield redevelopment authority for the City of Sturgis and designating the boundaries of a brownfield redevelopment zone, pursuant to Act 381, Public Acts of Michigan, 1996. PROPOSED BOUNDARIES OF THE BROWNFIELD REDEVELOPMENT ZONE The boundaries of the proposed brownfield redevelopment zone within which the brownfield redevelopment authority shall exercise its powers are as follows:

All property located within the corporate limits of the City of Sturgis, St. Joseph County, Michigan.

The City Commission of the City of Sturgis may not incorporate land into the zone not included in the description above but it may eliminate described lands from the zone in the final determination of the boundaries without additional notice.

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At the public hearing, all citizens, taxpayers, officials from a taxing jurisdiction whose millage may be subject to capture under a brownfield plan in the proposed zone, and property owners of the City of Sturgis desiring to address the City Commission shall be afforded an opportunity to be heard in regards to the establishment of the brownfield redevelopment authority and the boundaries of the proposed brownfield redevelopment zone. FURTHER INFORMATION may be obtained from Gerry Mayer, Assistant City Manager, at (616) 651-2321. This notice is given by order of the City Commission of the City of Sturgis, Michigan.

_________________________ Carol F. Rambadt, Clerk

City of Sturgis Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy RESOLUTION DECLARED ADOPTED

RESOLUTION Moved by Comm. Harrison and seconded by Comm. Holsinger that the request from Sturgis Council of the Arts of Sturgis, county of St. Joseph, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a gaming license or registration be considered for approval. Voting yea: Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Mayor Dobberteen Voting nay: None Absent: Lutz, McCarthy THE RESOLUTION WAS ADOPTED. Tim Carmichael, DDA Chairman, reported on the purchase and renovation of a downtown building. Moved by Comm. Lampe and seconded by Comm. Eaton to grant the DDA the authority to seek conventional funding for the First Phase of Legacy Project of 209 W. Chicago Rd. Voting yea: Six Voting nay: Holsinger Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Eaton that the City bills in the amount of $890,974.71 and the Hospital bills in the amount of $632,781.46 for a total of $1,523,756.17 be paid. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Harrison to approve the request by the Library Board to instigate fees on library cards for non-residents of the Library contract area,

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effective March 1, 1997. Voting yea: Bir, Lampe, Harrison Voting nay: Fair, Holsinger, Eaton, Mayor Dobberteen Absent: Lutz, McCarthy MOTION DEFEATED

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Moved by Comm. Holsinger and seconded by Comm. Fair to extend the life of library cards expiring March 1, 1997 for one month to enable the Library Board to submit a plan to charge fees for library cards to all non-city residents. Voting yea: Six Voting nay: Lampe Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Bir to accept a letter of resignation from Ella Pierucki from the Sturgis Hospital Board of Trustees, effective March 1, 1997, and that a letter of appreciation be sent. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir that the meeting be adjourned. Voting yea: Seven Voting nay: None Absent: Lutz, McCarthy MOTION CARRIED The meeting was adjourned at 8:23 p.m. ________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MARCH 12, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Harrison, Bir, Lampe, Holsinger, Lutz, Mayor Dobberteen Commissioners absent: Eaton, McCarthy Also present: City Manager, City Attorney, Assistant City Manager, Deputy City Clerk Minutes of the previous regular meeting held on Wednesday, February 26, 1997 were approved. Moved by Comm. Lutz and seconded by Comm. Holsinger to accept the low bid from Bryant Excavating, Inc., Portage, Michigan, for the 1996 Sidewalk Program for the Engineering Department, in the amount of $93,347.52. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir to approve the recommendation from the Sturgis Hospital Board to renew the Hospital Management Agreement between the City of Sturgis and Quorum Health Resources, Inc. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Harrison that the initial Parks and Recreation Advisory Board appointments be as follows:

1. The Doyle Board representative until May, 1998 2. Two members until May, 1998 3. Two members until May, 1999 4. Two members until May, 2000

and that thereafter, the Doyle representative shall be appointed to a one year term and two members to three year terms. Voting yea: Bir, Lampe, Holsinger, Lutz, Harrison, Fair, Mayor Dobberteen Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz to appoint Mike Clipfell and Earl Arend to the Parks and Recreation Advisory Board for three-year terms, to expire in May, 2000. Voting yea: Six Voting nay: Lampe Absent: Eaton, McCarthy MOTION CARRIED

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Mayor Dobberteen accepted nominations to appoint members to serve two-year terms on the Parks and Recreation Advisory Board. Nominees and votes are as follows: Warren English - Voting yea: Holsinger, Harrison, Fair, Bir, Mayor Dobberteen

Voting nay: Lampe, Lutz Absent: Eaton, McCarthy MOTION CARRIED

Ed Dinsmore- Voting yea: Lutz, Lampe Voting nay: Holsinger, Harrison, Fair, Bir, Mayor Dobberteen Absent: Eaton, McCarthy MOTION DENIED

Karee Harrison- Voting yea: Lutz, Harrison, Fair, Bir, Lampe, Holsinger, Mayor Dobberteen

Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED

Warren English and Karee Harrison were appointed to the Parks and Recreation Advisory Board to serve two-year terms, to expire May, 1999. Mayor Dobberteen accepted nominations to appoint members to serve one-year terms on the Parks and Recreation Advisory Board. Nominees and votes are as follows: David Roberts- Voting yea: Lutz, Harrison, Fair, Bir, Holsinger, Mayor Dobberteen

Voting nay: Lampe Absent: Eaton, McCarthy MOTION CARRIED

John Fair, Jr.- Voting yea: Harrison, Fair, Bir, Lampe, Holsinger, Lutz, Mayor Dobberteen (Citizen) Voting nay: None

Absent: Eaton, McCarthy MOTION CARRIED

Caralee Mayer- Voting yea: Lampe Voting nay: Harrison, Fair, Bir, Holsinger, Lutz, Mayor Dobberteen Absent: Eaton, McCarthy MOTION DENIED

David Roberts and John Fair, Jr. were appointed to the Parks and Recreations Advisory Board to serve one-year terms, to expire May, 1998. Mayor Dobberteen accepted nominations to appoint members to serve as a Doyle Center Representative on the Parks and Recreation Advisory Board for a one-year term. Nominee and vote is as follows: Ron Scheske- Voting yea: Fair, Bir, Lampe, Holsinger, Lutz, Harrison, Mayor Dobberteen

Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED

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Ron Scheske was appointed to the Parks and Recreation Advisory Board as a Doyle Center Representative to serve a one-year term to expire in May, 1998. John Griffith, Electrical Superintendent, presented an updated report on the Electric Department=s Street Lighting Program. Moved by Comm. Harrison and seconded by Comm. Lutz to accept the proposed non-resident Library fees as presented by City Librarian, Sandra Gerow. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Kim Musolff, DDA Director, presented a report regarding the US-12 Sauk Heritage Route Project. Moved by Comm. Lampe and seconded by Comm. Harrison to adopt the following resolution:

RESOLUTION WHEREAS, the Michigan Department of Transportation (MDOT), pursuant to the Heritage Route Act of 1993 (P.A. 69 of 1993), is empowered to designate scenic, recreational, and historic highways in the state, and WHEREAS, the public highway known as US 12/Old Sauk Trail extends within the City of Sturgis exhibits exceptional historic quality and passes through an area of significant regional importance, and WHEREAS, a study has been undertaken which assesses the quality of and documents the character and features of the highway corridor, and WHEREAS, it is intended that the study be forwarded to MDOT in order to nominate a heritage route. NOW, THEREFORE, BE IT RESOLVED, that the Sturgis City Commission enthusiastically supports the nomination of US 12/Old Sauk Trail as a heritage route and authorizes including this resolution with the nomination documents, and BE IT FURTHER RESOLVED, that the Sturgis City Commission hereby requests and encourages the MDOT to quickly designate US 12/Old Sauk Trail as a heritage route. BE IT FURTHER RESOLVED, that the Sturgis City Commission hereby commits itself to assist within its jurisdiction the management plan part of this resolution. Voting yea: Bir, Lampe, Holsinger, Lutz, Harrison, Fair, Mayor Dobberteen Voting nay: None Absent: Eaton, McCarthy THE RESOLUTION WAS ADOPTED. Moved by Comm. Lampe and seconded by Comm. Lutz to refer to the Planning Board an Amendment to the Enforcement Provisions of the City Zoning Ordinance pertaining to the immediate enforcement of front yard parking violations. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Lampe to grant the request from the Sturgis Neighborhood Program for an Earnest Money Deposit of $3,000.00 relating to their proposed Multi Unit Housing Project.

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Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Holsinger to adopt the following resolutions regarding the additions of Wade Street, North Franks Avenue, and Ivanhoe Street to our Local Street System.

RESOLUTION WHEREAS, the City of Sturgis did on September 12, 1984 (Liber 506, Page 340), September 28, 1984 (Liber 506, Page 777) and February 14, 1985 (Liber 511, Page 542) acquire title to a street known as Wade Road, and WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Local Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended. NOW, THEREFORE, BE IT RESOLVED:

1. That the centerline description of said street is as follows. 2. That said street is located within a City right-of-way and is under the control of

the City of Sturgis.

3. That said street is a public street and is for public street purposes. 4. That said street is accepted into the City Local Street System.

Right-of-way Centerline Description for WADE ROAD

from the Centerline of South Centerville Road to the Centerline of Treatment Plant Road A right-of-way located in the Northeast quarter of Section 14, Town 8 South, Range 10 West, City of Sturgis, St. Joseph County, Michigan, the centerline of which is described as follows: Commencing at the East quarter corner of Section 14, Town 8 South, Range 10 West, City of Sturgis, St. Joseph County, Michigan; Thence North 00 degrees 00 minutes 20 seconds West along the East line of Section 14, 506.91 feet to the POINT OF BEGINNING; Thence South 88 degrees 13 minutes West, 150 feet; Thence South 89 degrees 22 minutes West, 433.68 feet to the POINT OF ENDING on the centerline of Treatment Plant Road as recorded in the Office of the Register of Deeds for St. Joseph County in Liber 310 of Deeds, Pages 419 through 421.

RESOLUTION WHEREAS, the City of Sturgis did on May 24, 1972 (Liber 358, Page 196) and December 12,

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1994 (Liber 722, Pages 98 & 99) acquire title to a street known as North Franks Avenue, and WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Local Street System for the purpose of obtaining funds under Act 51, P.A. 1951 as amended. NOW, THEREFORE, BE IT RESOLVED:




Right-of-Way Centerline Description for

NORTH FRANKS AVENUE from the North line of Lakeview Manor Subdivision to the Southerly Right-of-Way of the Michigan Southern Railroad An 80.00 feet wide right-of-way located in the North half of Section 6, Town 8 South, Range 9 West, City of Sturgis, St. Joseph County, Michigan, the centerline of which is described as follows: Commencing at the Center of Section 6; Thence North 00 degrees 32 minutes 16 seconds East, 625.80 (Plat) feet along the North-South quarter line of Section 6, being the East line of the existing North Franks Avenue (formerly Spruce Street), to the Northeast corner of Lakeview Manor Subdivision; Thence Westerly, 40.00 feet along the Northerly margin of Lakeview Manor Subdivision, to the POINT OF BEGINNING; Thence North 00 degrees 32 minutes 16 seconds East, 584.11 feet along the North-South quarter line of Section 6; Thence North 05 degrees 30 minutes 56 seconds East, 451.83 feet to a point of being located on the Southerly Right-of-Way of the Michigan Southern Railroad to the POINT OF ENDING.

RESOLUTION WHEREAS, the City of Sturgis did on March 10, 1997 acquire title to a street known as Ivanhoe Street, and WHEREAS, it is necessary to furnish certain information to the State of Michigan to place this street within the City Local Street System for the purpose of obtaining funds under Act 51, P.A.

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1951 as amended. NOW, THEREFORE, BE IT RESOLVED:




Right-of-Way Centerline Description for

IVANHOE STREET from the West line of the Plat of Maplecrest to the West Right-of-Way of the South Franks Avenue Commencing at the Southeast corner of Lot 8, Block 10 of the Plat of Maplecrest; Thence South 00 degrees 41 minutes 41 seconds East, 22.40 feet along the East line of the Plat of Maplecrest to the POINT OF BEGINNING; Thence South 89 degrees 46 minutes 09 seconds East, 906.02 feet to the POINT OF ENDING on the West right-of-way line of South Franks Avenue. Voting yea: Lampe, Holsinger, Lutz, Harrison, Fair, Bir, Mayor Dobberteen Voting nay: None Absent: Eaton, McCarthy THE RESOLUTIONS WERE ADOPTED. Representatives of the Sturgis Youth and Family Council presented a report regarding goals, purposes, and business of the Sturgis Youth and Family Services. Discussion followed. Commissioners Holsinger, Fair and Harrison volunteered to meet with the Sturgis Youth and Family Board at a future date to discuss possible financial aid. Moved by Comm. Lampe and seconded by Comm. Harrison to approve the request from Trinity Lutheran Church to hold its annual Good Friday Cross Walk on March 28, 1997. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the City bills in the amount of $1,103,269.02 and the Hospital bills in the amount of $580,147.39 or a total amount of $1,683,416.41 be paid. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Bir and seconded by Comm. Fair that the City assist in the environmental clean-up of the Square Deal Auto Salvage building, located at 410 and 412 W. Congress, with a limit of $10,000.00 to be used from the Idle Building Fund, subject to review of the City Attorney.

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Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Bir and seconded by Comm. Fair that the regular City Commission Meeting scheduled on Wednesday, April 9, 1997 be moved to Monday, April 7, 1997 due to the Commissioners attending a Legislative Conference of the Michigan Municipal League in Lansing. Voting yea: Six Voting nay: Lampe Absent: Eaton, McCarthy MOTION CARRIED

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Moved by Comm. Lampe and seconded by Comm. Lutz that the Commission be inclined to utilize the Economic Development Corporation (EDC) in the event the Commission chooses to create a Brownfield Redevelopment Authority. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Lampe that Comm. Harrison be allowed to remain on the Sidewalk Committee as a voting member. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Bir that the request from the Sturgis Chamber of Commerce for a one day liquor license for the Michigan Week Dance to be held at the Sturgis Armory on May 16, 1997, be approved. Voting yea: Six Voting nay: Holsinger Absent: Eaton, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Seven Voting nay: None Absent: Eaton, McCarthy MOTION CARRIED The meeting was adjourned at 9:18 p.m. _______________________________

Mary M. Stoddard, Deputy City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MARCH 26, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Harrison, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen Commissioners absent: McCarthy Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, March 12, 1997 were approved as corrected. Moved by Comm. Holsinger and seconded by Comm. Bir to accept the low bid from Newkirk Electric, Muskegon, Michigan, for 69 kV Substation Relays and Controls for the Electric Department, in the amount of $195,000.00. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair to accept the low bid from Hamby-Young, Aurora, Ohio, for 69 kV Substation Structures for the Electric Department, in the amount of $144,500.00. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz to accept the low bid from Riley Company, Cedarville, Michigan, for three Seaman 69 kV Circuit Breakers, with a five year warranty, for the Electric Department in the amount of $105,000.00. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lampe to accept the low bid from RESCO, Middletown, Wisconsin, for Stringing Blocks for the Electric Department, in the amount of $10,450.00. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Public Hearing on issuing an Industrial Facilities Exemption Certificate to Midwest Plastic Engineering, Inc. was held. Moved by Comm. Lampe and seconded by Comm. Harrison that an Industrial Facilities Exemption Certificate not to exceed $1,500,000.00 be awarded to Midwest Plastic Engineering, Inc. for a period of twelve (12) years and that the following resolution be adopted:

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RESOLUTION WHEREAS, Midwest Plastic Engineering, Inc. in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Midwest Plastic Engineering, Inc. and WHEREAS, on March 27, 1985 the City Commission established the Industrial Development District for the industrial property of Midwest Plastic Engineering, Inc. and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Midwest Plastic Engineering, Inc. for an AIndustrial Facilities Exemption Certificate@. Voting yea: Fair, Harrison, Lampe, Holsinger, Eaton, Lutz, Bir, Mayor Dobberteen Voting nay: None Absent: McCarthy THE RESOLUTION WAS ADOPTED. Public Hearing on establishing a ABrownfield Redevelopment Authority@ and designating boundaries for a ABrownfield Redevelopment Zone@ was held. Moved by Comm. Eaton and seconded by Comm. Lutz that the following resolution be adopted:

RESOLUTION WHEREAS, the Commission is authorized by the provisions of Act 381, Public Acts of Michigan, 1996, as amended (AAct 381") to create a brownfield redevelopment authority; and WHEREAS, pursuant to Act 381 the Commission is required to hold a public hearing on the establishment of a brownfield redevelopment authority and the designation of a brownfield redevelopment zone in which the brownfield redevelopment authority will exercise its powers; and WHEREAS, the Sturgis City Manager has fully informed the taxing jurisdictions levying taxes subject to capture about the fiscal and economic implications of the proposed brownfield plan; and

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WHEREAS, on March 26, 1997, the Commission conducted a public hearing on the proposed brownfield redevelopment authority and the designation of the proposed authority district; and WHEREAS, not more than thirty (30) days have passed since the public hearing. NOW, THEREFORE, BE IT RESOLVED THAT:

1. Definitions. The term used in this resolution shall have the same meaning as given to them in Act 381 or as hereinafter in this section provided unless the context clearly indicates to the contrary. As used in this resolution:

AAct 381" means Act 381, Public Acts of Michigan, 1996. AAuthority@ means the City of Sturgis Brownfield Redevelopment

Authority created by this resolution. ABoard@ means the governing body of the Authority. AChief Executive Officer@ means the Mayor of the City of Sturgis. ACommission@ means the City Commission of the City of Sturgis, County

of St. Joseph, Michigan. AZone@ means the brownfield redevelopment zone designated by this

resolution as now existing or hereafter amended, and within which the Authority shall exercise its powers.

2. Determination of Necessity; Purpose. The Commission hereby determines that it is necessary for the best interests of the public to create a public body corporate which shall operate to promote the revitalization of environmentally distressed areas in the City of Sturgis, pursuant to Act 381.

3. Creation of Authority. There is hereby created pursuant to Act 381 a brownfield redevelopment authority for the City of Sturgis. The Authority shall be a public body corporate and shall be known and exercise its powers under title of the ACITY OF STURGIS BROWNFIELD REDEVELOPMENT AUTHORITY@. The Authority may adopt a seal, may sue and be sued in any court of this State and shall possess all of the powers necessary to carry out the purpose of its incorporation as provided by this resolution and Act 381. The enumeration of a power in this resolution or in Act 381 shall not be construed as a limitation upon the general powers of the Authority.

4. Termination. Upon completion of its purposes, the Authority may be dissolved by resolution of the Commission.

5. Description of Zone. The Zone shall consist of all property located within the corporate limits of the City of Sturgis, St. Joseph County, Michigan, subject to such changes as may hereafter be made pursuant to this resolution and Act 381. The proposed boundaries contained in the published notice of the public hearing consisted of all property located within the corporate limits of the City of Sturgis, St. Joseph County, Michigan.

6. Board. The Authority shall be under the supervision and control of the Board. The Board shall consist of the Board of Directors of the Economic Development Corporation of the City of Sturgis, established pursuant to Act 338, Public Acts of Michigan 1974, as amended. Members of the Board shall serve without compensation, but shall be reimbursed for actual and necessary expenses. Before assuming the duties of office, a member shall qualify by taking and subscribing to

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the oath of office provided in Section 1 of Article XI of the Michigan Constitution of 1963. The members of the Board shall elect 1 of their membership as a chairperson and another as vice-chairperson. The Board shall adopt Bylaws governing its procedures subject to the approval of the Commission. In the event that the Board determines to employ a Director of the Authority, such Director shall furnish a bond in the penal sum of Fifty Thousand ($50,000.00) Dollars payable to the Authority for use and benefit of the Authority and shall file the same with the Sturgis City Clerk.

7. Powers of Authority. Except as specifically otherwise provided in this resolution, the Authority shall have all powers provided by law subject to the limitations imposed by law and herein.

8. Fiscal Year; Adoption of Budget. (a) The fiscal year of the Authority shall begin on the October 1st of each year

and end on September 30th of the following year, or such other fiscal year as may hereafter be adopted by the Commission.

(b) The Authority shall prepare and approve annually a budget for the operation of the Authority for the ensuing fiscal year. The budget shall be prepared in the manner and shall contain the information required of municipal departments. Funds of the City of Sturgis shall not be included in the budget of the Authority except those funds authorized in Act 381 or by the Commission.

(c) The Authority shall submit annually to the Commission and the State Tax Commission a financial report on the status of activities of the Authority. The report shall include all of the following:

(i) The amount and source of tax increment revenues received. (ii) The amount and purpose of expenditures of tax increment

revenues. (iii) The amount of principal and interest on all outstanding

indebtedness. (iv) The initial taxable value of all eligible property subject to the

brownfield plan. (v) The captured taxable value realized by the Authority. (vi) Information concerning any transfer of ownership of or interest in

each eligible property within the Zone. 9. Recording and Filing. The Sturgis City Clerk shall file a certified copy of the

resolution with the Michigan Secretary of State promptly after its adoption. 10. Repealer. All resolutions and parts of resolutions in conflict herewith are hereby

repealed. Voting yea: Eight Voting nay: None Absent: McCarthy RESOLUTION DECLARED ADOPTED. Public hearing on vacating Park Alley between Magnolia and Elm Streets was held. Moved by Comm. Lutz and seconded by Comm. Bir that the City Commission hold a public hearing on Wednesday, April 23, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall, to consider

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granting an Industrial Facilities Exemption Certificate to Sturgis Tool & Die, Inc. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir that the City Commission hold a public hearing on Wednesday, April 23, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall, to consider granting an Industrial Facilities Exemption Certificate to Telemark Corporation. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Dennis Schumaker, of Schumaker & Co., Ann Arbor, Michigan, presented an overview of the Electric Department Competitive Assessment Study and a review of the Proposed Customer Survey. Police Chief Eugene Alli presented the Sturgis Police Department Annual Report. Moved by Comm. Lampe and seconded by Comm. Lutz to expand the duties of the City=s AHumane Officer@ (part-time) and reclassify to a ACode Enforcement Officer@ (full-time). Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz to appoint Richard Earl to the Housing Commission to fill the unexpired term of Ernest Kronberg, term to expire May, 1999. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz to refer to the Sturgis Area Chamber of Commerce a request to hold the annual March for Jesus in conjunction with the Michigan Week Parade on Saturday, May 17, 1997. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $581,982.80 and the City bills in the amount of $715,116.66, or a total of $1,297,099.46 be paid. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton that the Sturgis Youth and Family Board hold a joint meeting of all elected officials of surrounding townships, the school board, and City Commission. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Bir that a member of the City Commission

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be a liaison member to the Economic Development Corporation. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED Jon Good requested that two City Commissioners be appointed to the Ad Hoc Committee for the Sturgis Community Swimming Pool to study the future of the Community Pool. The Mayor appointed himself and Commissioner Fair.

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Moved by Comm. Lampe and seconded by Comm. Harrison that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: McCarthy MOTION CARRIED The meeting was adjourned at 9:05 p.m. _________________________

Carol F. Rambadt, City Clerk

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RESCHEDULED MEETING - STURGIS CITY COMMISSION MONDAY, APRIL 7, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: Lampe Minutes of the previous regular meeting held on Wednesday, March 26, 1997 were approved as presented. Moved by Comm. Lutz and seconded by Comm. Bir to approve the purchase of 23 Baxter 6201 single channel infusion pumps at $2,392.50 each, or a total of $55,027.50 for the Sturgis Hospital. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton to adopt the following resolution:

RESOLUTION WHEREAS, the City has heretofore issued its Electric Revenue Refunding Bonds, Series 1994, dated as of April 15, 1994 (the A1994 Bonds@), payable from the Net Revenues of the City=s complete electric utility system (the ASystem@), aggregating the principal sum of $3,675,000 payable serially on September 1 in the years 1995 through 2001, as authorized by Ordinance No. 91, adopted by the City Commission on June 8, 1988, as amended and supplemented by an amended and restated bond resolution adopted by the City Commission on April 20, 1994 (collectively, AOrdinance No. 91"), and for the payment of the principal of and interest on the 1994 Bonds, the City has created a first lien on the Net Revenues of the System; and WHEREAS, there currently remains outstanding an aggregate principal amount of the 1994 Bonds in the sum of $2,755.000; and WHEREAS, the City desires to issue additional bonds pursuant to Ordinance No. 91 and The Revenue Bond Act of 1933, Act No. 94, Public Acts of Michigan, 1933, as amended (AAct 94"), in the aggregate principal amount of $8,000,000 (the A1997 Bonds@), for the purpose of (i) paying all or part of the cost of making certain improvements to the System, including, without limitation, the construction and equipping of three substations in connection with the replacement of four existing substations, the construction and equipping of a new building for the electric department in connection with its relocation from its existing facility and the acquisition of a site therefor, the acquisition and installation of new transmission equipment, the rebuilding of one or more transformers, the acquisition of all necessary appurtenances thereto and the making of site improvements related thereto (the AProject@), (ii) paying the premium of a bond insurer for its policy of municipal bond insurance securing the 1997 Bonds, if the

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conditions of Section 17 of this Resolution are met for such purpose, and (iii) paying the costs of issuing the 1997 Bonds; and WHEREAS, the City has caused plans and specifications, cost estimates and estimates of the useful life of the Project to be prepared; and WHEREAS, the lien of the 1997 Bonds on the Net Revenues of the System shall be equal and on a parity with that of the 1994 Bonds; and WHEREAS, Section 20 of Ordinance No. 91, relating to the issuance of the 1994 Bonds, permits the issuance of additional bonds of equal standing under certain conditions, and reads in pertinent part as follows:

The right is reserved, in accordance with the provisions of Act 94, to issue additional bonds payable from the Net Revenues of the

System which shall be of equal standing and priority of lien on the Net Revenues of the System with the Bonds, but only for the

following purposes and under the following terms and conditions.

(a) For repairs, extensions, enlargements and improvements to the

System or for the purpose of refunding a part of any Outstanding Bonds (unless such partial refunding is done in compliance with (b) below) and paying costs of issuing such Additional Bonds, including deposits which may be required to be made to the Bond Reserve Account. Bonds for such purposes shall not be issued pursuant to this subparagraph (a) unless the average actual or augmented Net Revenues of the System for any consecutive twelve-month period out of the 16 months preceding the adoption of the Ordinance authorizing the issuance of such bonds shall be equal to at least one hundred twenty five (125%) percent of the maximum Aggregate Debt Service Requirement in any current or future fiscal year on the Outstanding Bonds and on the Additional bonds then being issued. If the Additional Bonds are to be issued in whole ore in part for refunding Outstanding Bonds the maximum Aggregate Debt Service shall be determined by deducting from the principal and interest requirements for each operating year the annual Aggregate Debt Service Requirements of any Bonds to be refunded from the proceeds of the Additional Bonds.

Net Revenues may be augmented as follows for the purposes of this subsection (a). (1) If the System rates, fees or charges shall be increased at or prior to the time of authorizing the Additional Bonds, the Net Revenues may be augmented by an amount which in the opinion of the Consulting Engineers will reflect the effect of the increase had the System=s billings during such time been at the increased rates. (2) The actual Net Revenues may be augmented by the

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estimated increase in the Net Revenues which in the opinion of the Consulting Engineers will accrue as a result of the new customers which have not been serviced during the preceding 12 months or as a result of the acquisition of the repairs, extensions, enlargements and improvements to said System which have been made during the preceding twelve months or which will be acquired in whole or in part from the proceeds of the Additional Bonds to be issued. (3) If the Bond Reserve Account is to be fully funded to an amount equal to the Bond Reserve Requirement from the proceeds to Additional Bonds, then the actual Net Revenues may be augmented by an amount equal to the investment income representing interest on investments estimated to be received each operating year from the addition to the Bond Reserve Account to be funded from the proceeds of the Additional Bonds being issued. No Additional Bonds of equal standing as to the Net Revenues of the System shall be issued pursuant to the authorization contained in subparagraphs (a) or (c) if the City shall then be in default in making its required payments to the Operating and Maintenance Fund or the Redemption Fund. (b) .... (c) Additional Bonds may be issued without meeting any of the conditions and tests set forth in subsection (a) above for any one or more of the following purposes: (i) to pay the cost of acquisition and construction of any repairs, replacements, betterments, improvements, major renewals or corrections of any damage or loss to the System necessary, in the opinion of the Consulting Engineer, to keep the System in good operating condition or to prevent a loss of Revenues therefrom to the extent that the cost thereof cannot reasonably be paid from the Replacement Fund or from insurance proceeds, or (ii) to pay the cost of decommissioning, disposal or termination of the System. Determination by the Commission as to existence of conditions permitting the issuance of Additional Bonds shall be conclusive.

WHEREAS, the average or augmented Net Revenues for the 12-month period ended January 31, 1997 is equal to at least 125% of the maximum Aggregate Debt Service Requirement in any current or future fiscal year on the 1994 Bonds and the 1997 Bonds; and

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WHEREAS, the City is not in default in making its required payments to the AOperation and Maintenance Fund@ or the ARedemption Fund@ required by Ordinance No. 91; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STURGIS, ST. JOSEPH COUNTY, MICHIGAN, as follows:

1. DEFINITIONS. Terms used in this Resolution shall have the meanings ascribed to them in Ordinance No. 91, unless otherwise defined herein.

The definition of the following term set forth in Ordinance No. 91 is amended to provide:

ABond Reserve Requirement@ means the least of (i) the maximum annual Aggregate Debt Service Requirement for the then current and any subsequent fiscal year, (ii) 10% of the aggregate proceeds of the Outstanding 1994 Bonds and the 1997 Bonds and all other Additional Bonds, (iii) 125% of the average annual debt service on the Outstanding 1994 Bonds and the 1997 Bonds and all other Additional Bonds, or (iv) the maximum amount permitted by the Code.

2. DETERMINATION OF NECESSITY AND ESTIMATES OF PERIOD OF USEFULNESS AND COST. It is determined to be necessary for the public health, safety and welfare of the City to improve the System by completing the Project. Based on representations of SFT, Incorporated and Power Systems Engineering, the engineers for the Project, the period of usefulness of the Project from its expected date of completion is estimated to be at least 30 years. The estimated cost of the Project, including paying the premium of a bond insurer for its policy of municipal bond insurance securing the 1997 Bonds, if the conditions of Section 17 of this Resolution are met for such purpose, and paying the costs of issuing the 1997 Bonds, is not less than $8,000,000.

3. AUTHORIZATION OF 1997 BONDS - PURPOSE. The 1997 Bonds shall be issued and sold pursuant to the provisions of Act 94 and Ordinance No. 91 for the purpose of paying part of the cost of the Project and paying the costs of issuing the 1997 Bonds.

4. 1997 BOND DETAILS. The 1997 Bonds shall be designated AElectric Revenue

Bonds, Series 1997"; shall be payable out of Net Revenues and any other moneys pledged under Ordinance No. 91 and this Resolution; shall be dated as of May 1, 1997 or such other date as may be determined by the Mayor or the Manager of the City upon the sale thereof; shall be numbered in consecutive order of authentication from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the outstanding principal amount of each maturity at the option of the Registered Owner; shall bear interest from the date of the 1997 Bonds at a rate or rates not exceeding 8% annum to be determined by the Mayor or the Manager at the time of sale, payable on November 1, 1997, and on each May 1, and November 1 thereafter; and shall mature on May 1, in each year as follows:

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Principal Principal Year Amount Year Amount 1998 $125,000 2008 $415,000 1999 125,000 2009 440,000 2000 150,000 2010 460,000 2001 150,000 2011 485,000 2002 325,000 2012 510,000 2003 330,000 2013 535,000 2004 350,000 2014 565,000 2005 365,000 2015 600,000 2006 380,000 2016 630,000 2007 400,000 2017 660,000

Interest on the 1997 Bonds shall be computed on the basis of a 360-day year consisting of

twelve 30-day months and rounded pursuant to the rules of the Municipal Securities Rulemaking Board.

5. PAYMENT OF PRINCIPAL, REDEMPTION PREMIUM AND INTEREST. The principal of, redemption premium, if any, and interest on the 1997 Bonds shall be payable in lawful money of the United States. Principal and redemption premium, if any, shall be payable upon presentation and surrender of the Bonds to the Transfer Agent as they severally mature or are redeemed. Interest on the 1997 Bonds shall be paid, when due, to the Registered Owner of each 1997 Bond as shown on the registration books of the City maintained by the Transfer Agent at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due by check or draft drawn upon and mailed by the Transfer Agent to the Registered Owner at the registered address. The date of determination of the Registered Owner for purposes of payment of interest as provided in this Section may be changed by the City to conform to market practice in the future.

6. DTC BOOK-ENTRY-ONLY SYSTEM. Initially, one fully registered 1997 Bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company (ADTC@) for the benefit of other parties (the AParticipants@) in the book-entry-only transfer system of DTC. In the event the City determines that it is in the best interest of the City not to continue the book-entry-only system of transfer or that the Abeneficial owners@ of the 1997 Bonds might be adversely affected if the book-entry-only system of transfer is continued, the City may notify DTC and the Transfer Agent, whereupon DTC will notify the Participants of the availability through DTC of 1997 Bond certificates. In such event, the Transfer Agent shall deliver, transfer and exchange 1997 Bond certificates as requested by DTC and any Participant or beneficial owner in appropriate amounts in accordance with this Resolution. DTC may determine to discontinue providing its services with respect to the 1997 Bonds at any time by giving notice to the City and the Transfer Agent and discharging its responsibilities with respect thereto under applicable law, or the City may determine that DTC is incapable of discharging its duties and may so advise DTC. In either

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such event, the City shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the City and the Transfer Agent shall be obligated to deliver 1997 Bond certificates in accordance with the procedures established by this Resolution. In the event 1997 Bond certificates are issued, the provisions of this Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of, redemption premium, if any, and interest on such certificates. Whenever DTC requests the City and the Transfer Agent to do so, the City and the Transfer Agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the 1997 Bonds to any Participant having 1997 Bonds credited to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the 1997 Bonds. Notwithstanding any other provision of this Resolution to the contrary, so long as any 1997 Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, redemption premium, if any, and interest of the 1997 Bonds and all notices with respect to the 1997 Bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations between DTC and the City. Such payments shall be made in same-day funds wired at the direction of the Transfer Agent. The Mayor or the Manager is authorized to sign the Blanket Issuer Letter of Representations on behalf of the City in such form as either such officer deems necessary or appropriate in order to accomplish the issuance of the 1997 Bonds in accordance with law and this Resolution.

7. MANDATORY PRIOR REDEMPTION. If any of the 1997 Bonds maturing on or after May 1, 2007 are designated by the original purchaser as term Bonds, such Bonds shall be subject to mandatory prior redemption at par and accrued interest in accordance with the maturity schedule set forth in Section 4 hereof and upon the terms and conditions set forth in the form of 1997 Bond contained in Section 16 hereof. The 1997 Bonds to be redeemed shall be selected by lot.

8. OPTIONAL PRIOR REDEMPTION. 1997 Bonds maturing on or before May 1, 2006 shall not be subject to redemption prior to maturity. 1997 Bonds maturing on or after May 1, 2007 shall be subject to redemption prior to maturity upon the terms and conditions set forth in the form of 1997 Bond contained in Section 16 hereof.

9. TRANSFER AGENT AND DEPOSITORY. Old Kent Bank, of Grand Rapids, Michigan, shall be the Transfer Agent for the Bonds. Key Bank, National Association, Citizens Bank, Century Bank and Trust, and Sturgis Federal Savings Bank are designated to act as a depository under Ordinance No. 91. The Mayor or the Manager may from time to time as required designate a successor (i) Depository or (ii) Transfer Agent, a notice of which shall be mailed to the Registered Owners of the 1997 Bonds not less than 60 days prior to the next succeeding interest payment date on which the designation of the successor Transfer Agent shall be effective. Such successor shall be a bank or trust company or a savings and loan association located in the State of Michigan (the AState@) which is qualified to act in such capacity under the laws of the United States of America or the State.

10. EXECUTION, AUTHENTICATION AND DELIVERY OF 1997 BONDS.

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The 1997 Bonds shall be executed in the name of the City by the manual or facsimile signatures of the Mayor and the City Clerk and authenticated by the manual signature of an authorized representative of the Transfer Agent. The seal of the City, or a facsimile thereof, shall be impressed or imprinted on the 1997 Bonds. No 1997 Bond shall be valid until authenticated by the manual signature of an authorized representative of the Transfer Agent. After the 1997 Bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the Treasurer to the purchaser upon receipt of the purchase price for the 1997 Bonds. Additional 1997 Bonds bearing the manual or facsimile signatures of the Mayor and the Clerk and upon which the seal of the City, or a facsimile thereof, is impressed or imprinted may be delivered to the Transfer Agent for authentication and delivery in connection with the exchange or transfer of 1997 Bonds. The Transfer Agent shall indicate on each Bond the date of its authentication.

11. EXCHANGE AND TRANSFER OF 1997 BONDS. Any 1997 Bond, upon surrender thereof to the Transfer Agent with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the Registered Owner or his or her duly authorized attorney, may, at the option of the Registered Owner thereof, be exchanged for 1997 Bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered 1997 Bond. Each 1997 Bond shall be transferable only upon the registration books of the City, which shall be kept for that purpose by the Transfer Agent, upon surrender of such Bond together with a written instrument of transfer satisfactory to the Transfer Agent duly executed by the Registered Owner or his or her duly authorized attorney. The City shall not be required (i) to issue, register the transfer of, or exchange any 1997 Bond during a period begining at the opening of business 15 days before the day of the mailing of a notice of redemption of 1997 Bonds selected for redemption under this Resolution and ending at the close of business on the day of that mailing, or (ii) to register the transfer of or exchange any 1997 Bond selected for redemption in whole or in part, except the unredeemed portion of 1997 Bonds being redeemed in part. The City shall give the Transfer Agent notice of the call for redemption at least 15 days prior to the date notice of redemption is to be given. Upon the exchange or transfer of any 1997 Bonds, the Transfer Agent on behalf of the City shall cancel the surrended 1997 Bond and shall authenticate and deliver to the transferee a new 1997 Bond or new 1997 Bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered 1997 Bond. If, at the time the Transfer Agent authenticates and delivers a new 1997 Bond pursuant to this Section, payment of interest on the 1997 Bonds is in default, the Transfer Agent shall endorse upon the new 1997 Bond the following: APayment of interest on this Bond is in default. The last date to which interest has been paid is _______________.@ The City and the Transfer Agent may deem and treat the person in whose name any 1997 Bond shall be registered upon the registration books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of paying the principal of,

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redemption premium, if any, and interest on such Bond and for all other purposes, and all payments made to any such Registered Owner, or upon his or her order, in accordance with the provisions of Section 5 of this Resolution shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the Transfer Agent shall be affected by any notice to the contrary. The City agrees to indemnify and save the Transfer Agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such Registered Owner. For every exchange or transfer of 1997 Bonds, the City or the Transfer Agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer.

12. REPLACEMENT OF 1997 BONDS. If any 1997 Bond shall become mutilated, the Clerk, at the expense of the Registered Owner of the 1997 Bonds, shall furnish or cause to be furnished, and the Transfer Agent shall authenticate and deliver, a new 1997 Bond with like terms in exchange and substitution for the mutilated 1997 Bond, upon surrender to the Transfer Agent of the mutilated 1997 Bond, all in accordance with the Municipal Finance Act, Act No. 202, Public Acts of Michigan, 1943, as amended. Upon receipt by the Clerk of proof of ownership of an unmatured 1997 Bond, of satisfactory evidence that the 1997 Bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with Act No. 354, Public Acts of Michigan, 1972, as amended (AAct 354"), and is satisfactory to the Clerk, the Clerk may authorize the Transfer Agent to deliver a new executed 1997 Bond to replace the 1997 Bond lost, apparently destroyed or wrongfully taken in compliance with Act 354. In the event an outstanding matured 1997 Bond is lost, apparently destroyed or wrongfully taken, the Clerk may authorize the Transfer Agent to pay the 1997 Bond without presentation upon the receipt of the same documentation required for the delivery of a replacement 1997 Bond. The Transfer Agent, for each new 1997 Bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the Transfer Agent and the City in the premises. Any 1997 Bond delivered pursuant to the provisions of this Section in lieu of any 1997 Bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the 1997 Bond in substituion for which such Bond was delivered.

13. DETERMINATION OF COMPLIANCE WITH CONDITIONS OF ORDINANCE NO. 91. The 1997 Bonds are being issued as Additional Bonds pursuant to Section 20(a) of Ordinance No. 91 for the purpose of paying part of the cost of the Project and paying the costs of issuing the 1997 Bonds. It is determined that, after giving effect to the issuance of the 1997 Bonds, the preconditions for the issuance of the 1997 Bonds pursuant to Section 20(a) of Ordinance No. 91 will have been met as described in the Preamble hereto.

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14. APPLICABLE LAW. The 1997 Bonds shall be sold and the proceeds thereof shall be applied in accordance with the provisions of Act 94.

15. 1997 BOND PROCEEDS. From the proceeds of the sale of the 1997 Bonds, there shall first be deposited in the Redemption Fund the accrued interest and premium, if any, received from the purchasers of the 1997 Bonds, and then the amount, if any, required to be deposited in the Bond Reserve Account so that the amount in the Bond Reserve Account is at least equal to the Bond Reserve Requirement, shall be deposited in the Bond Reserve Account. The remainder of the proceeds of the sale of the 1997 Bonds shall be set aside in a fund to be designated the AConstruction Fund,@ which shall be maintained initially in an account with Key Bank, National Association, of Sturgis, Michigan. Until the proceeds in the Construction Fund are fully expended, the City, by resolution of the City Council, may hereafter designate one or more other banks in which the Construction Fund shall be maintained. Moneys in the Construction Fund shall be used to pay, or reimburse the City for, the costs of the Project, including any engineering, legal and other expenses incidental thereto, or to pay the costs of issuing the 1997 Bonds. Moneys in the Construction Fund shall be invested in accordance with Section 24 of Act 94. Any unexpended proceeds of the sale of the 1997 Bonds remaining in the Construction Fund after completion of the acquisition, construction and installation of the Project shall be deposited in the Redemption Fund and used to pay interest on the 1997 Bonds until depleted.

16. FORM OF 1997 BONDS. The 1997 Bonds shall be in substantially the following form: Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation (ADTC@) to the City or the Transfer Agent (each as defined below) for registration of transfer, exchange, or payment and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entry as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein.

UNITED STATES OF AMERICA STATE OF MICHIGAN

COUNTY OF ST. JOSEPH

CITY OF STURGIS

ELECTRIC REVENUE BONDS, SERIES 1997

Interest Rate Date of Per Annum Maturity Date Original Issue CUSIP

% May 1, ______ May 1, 1997

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Registered Owner: CEDE & CO. Principal Amount: DOLLARS The City of Sturgis (the ACity@), County of St. Joseph, State of Michigan, acknowledges itself indebted to, and for value received, promises to pay to the Registered Owner, or registered assigns, the Principal Amount in lawful money of the United States of America on the Maturity Date, unless redeemed prior thereto as hereinafter provided, with interest thereon from the Date of Original Issue or such later date to which interest has been paid, until paid, at the Interest Rate Per Annum, payable on November 1, 1997, and on each May 1 and November 1 thereafter until the obligation of the City to pay the Principal Amount is satisfied. The principal of this Bond is payable, upon the presentation and surrender thereof, at the principal corporate trust office of Old Kent Bank, of Grand Rapids, Michigan, the transfer agent, or such other transfer agent as the City may hereafter designate, a notice of which shall be mailed to the Registered Owner not less than 60 days prior to the next succeeding interest payment date on which such designation shall be effective (the ATransfer Agent@). Interest on this Bond is payable to the Registered Owner as of the 15th day of the month preceding the month in which the payment is due as shown on the registration books of the City maintained by the Transfer Agent by check or draft mailed to the Registered Owner at the registered address. Interest shall be computed on the basis of a 360-day year consisting of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. This Bond is one of a series of bonds (the ABonds@) of like tenor, except as to denomination, rate of interest, date of maturity and prior redemption, aggregating the principal sum of Eight Million Dollars ($8,000,000) issued by the City under and pursuant to and in full conformity with the Constitution and statutes of the State of Michigan, including The Revenue Bond Act, Act No. 94, Public Acts of Michigan, 1933, as amended (the AAct@), and Ordinance No. 91 adopted by the City Commission on June 8, 1988, as amended and supplemented by an amended and restated bond resolution adopted by the City Commission on April 20, 1994, and a bond authorizing resolution adopted by the City Commission on April 7, 1997 (collectively, the AResolution@), for the purpose of (i) paying all or part of the cost of making certain improvements to the City=s electric distribution and transmission system, including, without limitation, the construction and equipping of three substations in connection with the replacement of four existing substations, the construction and equipping of a new building for the electric department in connection with its relocation from its existing facility and the acquisition of a site therefor, the acquisition and installation of new transmission equipment, the rebuilding of one or more transformers, the acquisition of all necessary appurtenances thereto and the making of site improvements related thereto, [(ii) paying the premium of ___________(the ABond Insurer@) for its policy of municipal bond insurance securing the Bonds (the APolicy@)] and [(iii)] paying the costs of issuing the Bonds. This Bond is issued pursuant to the Act, is a self-liquidating bond, is not a general obligation of the City and does not constitute an indebtedness of the City within any constitutional, statutory or charter limitation, but is payable, both as to principal, redemption premium, if any, and interest, solely from the Net Revenues (as defined in the Resolution) of the City=s complete

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electric utility system (the ASystem@) and any other moneys pledged under the Resolution, including the debt service reserve fund for the Bonds created thereunder. The Net Revenues of the System are irrevocably pledged, and a statutory lien thereon has been created to secure the payment of the principal of, redemption premium, if any, and interest on this Bond when due; however, the pledge of, and the statutory lien on, the Net Revenues of the System in favor of the Bonds are on a parity with the pledge of , and the statutory lien on, the Net Revenues of the System in favor of the City=s Electric Revenue Refunding Bonds, Series 1994, and any Additional Bonds (as defined below) which may be issued by the City on a parity of security with the Bonds.

For a complete statement of the revenues from which and the conditions under which this Bond is payable, a statement of the conditions under which additional bonds (AAdditional Bonds@) of equal standing may hereafter be issued, the rights and limitations on the owners of the Bonds and the general covenants and provisions pursuant to which this Bond is issued, reference is made to the Resolution. The City has covenanted and agreed, and covenants and agrees, to fix and maintain at all times while any bonds payable from the Net Revenues of the System shall be outstanding, such rates for service furnished by the System as shall be sufficient to provide for the payment of the principal of, redemption premium, if any, and interest on the Bonds of this series and any other bonds (to the extent of the City=s obligations in connection therewith) payable from the Net Revenues of the System as and when the same shall become due and payable, to maintain a bond redemption fund therefor, to provide for the payment of expenses of administration and operation and such expenses for maintenance of the System as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for the System as are required by the Resolution. Bonds of this series maturing on or before May 1, 2006, are not subject to redemption prior to their respective dates of maturity.

MANDATORY PRIOR REDEMPTION Bonds of this series maturing in the years _____ and _____ are subject to mandatory

prior redemption at par and accrued interest as follows: Principal Amount of

Redemption Date Bonds To Be Redeemed May 1, ________ $___________________ May 1, ________ ___________________ May 1, ________ (Final Maturity) ___________________

(REPEAT IF MORE THAN ONE TERM BOND MATURITY)

OPTIONAL PRIOR REDEMPTION Bonds of this series maturing on or after May 1, 2007, are subject to optional redemption prior to maturity in whole or in part in such order as the City shall determine, in integral multiples of $5,000 on any interest payment date on or after May 1, 2006, at par, plus accrued interest to the

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redemption rate. PARTIAL REDEMPTION

Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the Bonds maturing in any year are to be redeemed, the Bonds or portions of Bonds to be redeemed shall be selected by lot. In case less than the full amount of an outstanding Bond is called for redemption, the Transfer Agent, upon presentation of the Bond called for redemption, shall register, authenticate and deliver to the Registered Owner a new Bond in the principal amount of the portion of the original Bond not called for redemption.

NOTICE OF REDEMPTION Notice of the call of Bonds for redemption shall be mailed to the Registered Owner not less than 30 days prior to the date fixed for redemption at the address shown on the registration books of the City. Failure to receive such notice shall not affect the validity of the proceedings for redemption. Bonds or portions of Bonds called for redemption shall not bear interest on and after the date fixed for redemption, provided funds are on hand with the Transfer Agent to redeem the Bonds or portions thereof called for redemption. This Bond is transferable, as provided in the Resolution, only on the registration books of the City kept for that purpose by the Transfer Agent, upon the surrender of this Bond, together with a written instrument of transfer satisfactory to the Transfer Agent, duly executed by the Registered Owner or his or her attorney duly authorized in writing. Upon the exchange or transfer of this Bond, a new registered Bond or Bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange for this Bond as provided in the Resolution, and upon payment of the charges, if any, provided in the Resolution. Bonds so authenticated and delivered shall be in the denomination of $5,000, or any integral multiple thereof not exceeding the aggregate principal amount for each maturity. The City shall not be required (i) to issue, register the transfer of, or exchange any Bond during a period beginning at the opening of business 15 days before the day of the mailing of a notice of redemption of Bonds selected for redemption under the Resolution and ending at the close of business on the day of that mailing, or (ii) to register the transfer of or exchange any Bond selected for redemption in whole or in part, except the unredeemed portion of Bonds being redeemed in part. It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist and happen, precedent to and in the issuance of the series of Bonds of which this is one, in order to make them valid and binding obligations of the City, have been done, exist and have happened in regular and due form, time and manner as required by law, and that the total indebtedness of the City, including the series of Bonds of which this is one, does not exceed any constitutional, statutory or charter limitation. This Bond is not valid or obligatory for any purpose until the Certificate of Authentication on this Bond has been manually executed by an authorized representative of the Transfer Agent.

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IN WITNESS WHEREOF, the City of Sturgis, County of St. Joseph, State of Michigan, by its City Commission, has caused this Bond to be executed in its name by the manual or facsimile signatures of the Mayor and the City Clerk and its corporate seal, or a facsimile thereof, to be impressed or imprinted hereon.

CITY OF STURGIS By:____________________________ By:__________________________________

Its: City Clerk Its: Mayor (SEAL)

CERTIFICATE OF AUTHENTICATION

This Bond is one of the Bonds described in the within-mentioned Resolution.

OLD KENT BANK, as Transfer Agent

By:_________________________ Authorized Representative

Date of Authentication: June______, 1997

[FORM OF ASSIGNMENT]

The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACT________Custodian________ TEN ENT - as tenants by the entireties (Cust) (Minor) JT TEN - as joint tenants with right under Uniform Gifts to Minors

of survivorship and not Act_________________________________________

as tenants in common (State)

ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, transfers and assigns unto

_______________________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within Bond and all rights thereunder and hereunder, and hereby irrevocably constitutes and appoints ________________________________ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated:______________________

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_______________________________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatsoever. When assignment is made by a guardian, trustee, executor or administrator, an officer of a corporation, or anyone in a representative capacity, proof of authority to act must accompany this assignment. Signature Guaranteed: ___________________________________ Signature(s) must be guaranteed by an eligible guarantor institution as defined SEC Rule 17Ad-15 (17 CFR 240.17Ad-15) participating in a Securities Transfer Association recognized signature guarantee program. The Transfer Agent will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. PLEASE INSERT SOCIAL SECURITY Name and Address: NUMBER OR OTHER IDENTIFYING _______________________________ NUMBER OF TRANSFEREE _______________________________ __________________________________ _______________________________ | | |_________________________________ | (insert number for first named transferee if (include information for all joint owners held by joint account) if Bond is held by joint account)

17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF 1997 BONDS. The Mayor, the Manager, the Clerk, the Treasurer and other officers and employees of the City are severally authorized to do all things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the 1997 Bonds in accordance with the provisions of this Resolution and to take any actions on behalf of the City, including the making of covenants of the City, deemed necessary and appropriate to assure that the interest on the 1997 Bonds will be and will remain excludable from gross income for federal income tax purposes. The Manager or the Treasurer is authorized to sell the 1997 Bonds at not less than 98.75% of par value in accordance with the laws of the State and to obtain a municipal bond insurance policy or other credit enhancement to secure the payment of the principal of and interest on the 1997 Bonds, provided that the premium for such policy or other credit enhancement will be less than the present value of the interest expected to be saved as a result of such policy or other credit enhancement.

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18. TAX COVENANT. The City covenants and agrees that to the extent permitted

by law, it shall take all actions within its control, and that it shall not fail to take any action as may be necessary, to comply with all requirements of the Internal Revenue Code of 1986, as amended (the ACode@), in order to assure that the interest on the 1997 Bonds will be and will remain excludable from gross income for federal income tax purposes, including but not limited to, actions relating to the expenditure and investment of 1997 Bond proceeds and moneys deemed to be 1997 Bond proceeds, all as more fully set forth in the Nonarbitrage and Tax Compliance Certificate to be delivered by the City in connection with the issuance of the 1997 Bonds.

19. QUALIFIED TAX-EXEMPT OBLIGATIONS. The 1997 Bonds are designated as Aqualified tax-exempt obligations@ as described in Section 265(b)(3)(B) of the Code.

20. FORM OF NOTICE OF SALE. The 1997 Bonds shall be sold at a public sale, and the Notice of Sale for the 1997 Bonds shall be published in accordance with law in a publication to be selected by the Manager or Treasurer and shall be in substantially the following form:

OFFICIAL NOTICE OF SALE $8,000,000

CITY OF STURGIS, ST. JOSEPH COUNTY, MICHIGAN ELECTRIC REVENUE BONDS, SERIES 1997

SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the office of the Manager of the City of Sturgis (the ACity@) at 130 N. Nottawa, Sturgis, Michigan 49091, on

Wednesday, May 28, 1997, until ______p.m. Eastern Daylight Saving Time, at which time and place the bids will be publicly opened and read. Sealed bids will also be received on the same date and until the same time by an agent of the undersigned at the office of the Municipal Advisory Council of Michigan, 1445 First National Building, Detroit, Michigan 48226-3517, where they will be publicly opened and read. Bidders may choose either location to present bids and good faith checks, but may not present bids at both locations. The Commission of the City will meet on that date to consider the award or rejection of the bids. BOND DETAILS: The bonds will be fully registered bonds in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity, at the option of the purchaser thereof, dated as of May 1, 1997, each numbered in order of registration, and will bear interest from their date payable on November 1, 1997, and semiannually thereafter. The bonds will mature on the first day of May in each of the years, as follows:

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Principal Principal

Year Amount Year Amount 1998 $125,000 2008 $415,000 1999 125,000 2009 440,000 2000 150,000 2010 460,000 2001 150,000 2011 485,000 2002 325,000 2012 510,000 2003 330,000 2013 535,000 2004 350,000 2014 565,000 2005 365,000 2015 600,000 2006 380,000 2016 630,000 2007 400,000 2017 660,000 TERM BOND OPTION: Bidders shall have the option of designating bonds maturing in the years 2007 through 2017, inclusive, as serial bonds or term bonds, or both. The bid must designate whether each of the principal amounts shown above for the years 2007 through 2017, inclusive, represent a serial maturity or a mandatory redemption requirement for a term bond maturity. In any event, the above principal amount scheduled for the years 2007 through 2017, inclusive, shall be represented by either serial bond maturities or mandatory redemption requirements, or a combination of both. Any such designation must be made within 24 hours of the bond sale. PRIOR REDEMPTION:

A. MANDATORY REDEMPTION. Bonds designated as term bonds shall be subject to mandatory redemption at par and accrued interest on the dates and in the amounts corresponding to the annual principal maturities hereinbefore set forth.

B. OPTIONAL REDEMPTION. Bonds maturing on or after May 1, 2007 shall be subject to optional redemption prior to maturity in whole or in part in such order as the City shall determine, in integral multiples of $5,000, on any interest payment date on or after May 1, 2006, at par, plus accrued interest to the redemption date.

C. PARTIAL REDEMPTION. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. In case less than the full amount of an outstanding bond is called for redemption, the transfer agent, upon presentation of the bond called for redemption, shall register, authenticate and deliver to the registered owner of record a new bond in the principal amount of the portion of the original bond not called for redemption.

D. NOTICE OF REDEMPTION. Not less than 30 days notice of redemption shall be given by first-class mail to each registered owner of the bonds called to be redeemed at the registered address. Failure to receive notice of redemption shall not affect the validity of the proceedings for redemption. Bonds or portions of bonds called for redemption shall not bear

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interest on and after the redemption date, provided funds are on hand with the transfer agent to redeem the bonds called for redemption. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 8% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1% or both. The interest on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate. The interest rate borne by bonds maturing in any year shall not be more than the interest rate borne by bonds maturing in any subsequent year. No proposal for the purchase of less than all of the bonds or at a price less than 98.75% of their par value will be considered. BOOK-ENTRY-ONLY: The bonds will be issued in book-entry-only form as one fully registered bond per maturity and will be registered in the name of Cede & Co., as nominee for The Depository Trust Company (ADTC@), New York, New York. DTC will act as securities depository for the bonds. The purchase of beneficial interests in the bonds will be made in book-entry-only form in the denomination of $5,000 for any multiple thereof. Purchasers will not receive certificates representing their interest in bonds purchased. The book-entry-only system is described further in the official statement for the bonds. TRANSFER AGENT: As long as DTC, or its nominee, Cede & Co., is the registered owner of the bonds, payments of principal, redemption premium, if any, and interest will be made when due directly to such registered owner in same-day funds wired at the direction of the transfer agent for the bonds, initially Old Kent Bank, of Grand Rapids, Michigan. Disbursement of such payments to the DTC Participants is the responsibility of DTC, and disbursements of such payments to the beneficial owners of the bonds is the responsibility of the DTC Participants as described in the official statement for the bonds. The City from time to time, may designate a successor transfer agent, which shall be a bank or trust company located in the State of Michigan and which is qualified to act in such capacity under the laws of the United States or the State of Michigan. A notice of the designation of a successor transfer agent shall be mailed to the registered owners of the bonds not less than 60 days prior to the next succeeding interest payment date on which such designation shall be effective. Commencing on the date the bonds are no longer registered in the name of a securities depository or a nominee thereof, the bonds shall be payable as to principal and redemption premium, if any, in lawful money of the United States upon surrender thereof at the office of the transfer agent, and interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Such interest shall be paid when due by check or draft drawn upon and mailed by the transfer agent to the registered owner at the registered address. PURPOSE AND SECURITY: The bonds are issued under the provisions of The Revenue Bond Act of 1933, Act No. 94, Public Acts of Michigan 1933, as amended (AAct 94"), and Ordinance No. 91 adopted by the City Commission on June 8, 1988, as amended and supplemented by an amended and restated bond resolution adopted by the City Commission on April 20, 1994, and a bond resolution adopted by the City Commission on April 7, 1997 (collectively, the ABond Resolution@), for the purpose of (i) paying all or part of the cost of expanding and making

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certain improvements to the City=s electric distribution and transmission system, including, without limitation, the construction and equipping of three substations in connection with the replacement of four existing substations, the construction and equipping of a new building for the electric department in connection with its relocation from its existing facility and the acquisition of a site therefor, the acquisition and installation of new transmission equipment, the rebuilding of one ore more transformers, the acquisition of all necessary appurtenances thereto and the making of site improvements related thereto, [(ii) paying the premium of __________________(the ABond Insurer@) for its policy of municipal bond insurance securing the Bonds (the APolicy@)] and [(iii)] paying the costs of issuing the bonds. The bonds, except to the extent payable from bond proceeds, are payable solely from the net revenues of the City=s complete electric utility system (the ASystem@), and a statutory first lien on the net revenues of the System has been established by the Bond Resolution in accordance with Act 94. The bonds do not constitute a general obligation of the City. The City has covenanted and agreed to fix and maintain at all times while any of the bonds shall be outstanding such rates for service furnished by the System as shall be sufficient to provide for payment of the necessary expenses of operation, maintenance and administration of the System, to provide for payment of the principal of, redemption premium, if any, and interest on all bonds and obligations payable from the revenues of the System, to maintain a bond redemption fund, including a bond reserve account therein, for the bonds and to provide for such other expenditures and funds for the System as are required by the Bond Resolution. The rights of the holders of the bonds and the enforceability of the bonds and the Bond Resolution may be subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws affecting creditors= rights generally, now existing or hereafter enacted, and the application of general principles of equity, including those relating to equitable subordination, to the extent constitutionally applicable, and their enforcement may be subject to the exercise of judicial discretion in appropriate cases. PRIOR PARITY BONDS: Payment of the principal of, redemption premium, if any , and interest on the bonds from the net revenues of the System and the statutory lien on the net revenues of the System to secure payment of the bonds are of equal standing and on a parity with the payment of the principal of and interest on the City=s Electric Revenue Refunding Bonds, Series 1994, which are currently outstanding in the aggregate principal amount of $2,755,000 and are further described in the official statement for the bonds. ADDITIONAL BONDS: For the terms and conditions upon which additional bonds of equal standing as to the net revenues of the System may be issued, reference is made to the Bond Resolution. GOOD FAITH. A certified or cashier=s check drawn upon an incorporated bank or trust company or a financial surety bond in the amount of $80,000, payable to the order of the City, is required for each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid is accepted and the bidder fails to take up and pay for the bonds.

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If a check is used, it must accompany the bid. If a financial surety bond is used, it must be from an insurance company licensed to issue such a bond in the State of Michigan and such bond must be submitted to the Manager of the City or Evensen Dodge, Inc., the City=s financial advisor (the AFinancial Advisor@), prior to the opening of the bids. The financial surety bond must identify each bidder whose good faith deposit is guaranteed by such financial surety bond. If the bonds are awarded to a bidder utilizing a financial surety bond, then that purchaser (the APurchaser@) is required to submit its good faith deposit to the Manager of the City in the form of a cashier=s check, or by wire transfer as instructed by the Manager or the Financial Advisor, no later than noon, Eastern Daylight Saving Time, on the next business day following the award. If the good faith deposit is not received by that time, the financial surety bond may be drawn upon by the City to satisfy the good faith deposit requirement. The good faith deposit will be applied to the purchase price of the bonds. In the event the Purchaser fails to honor its accepted bid, the good faith deposit will be retained by the City. No interest shall be allowed on the good faith deposit, and checks of the unsuccessful bidders will be promptly returned to each bidder=s representative in person or other delivery service. The good faith check of the Purchaser will be cashed, and payment of the balance of the purchase price of the bonds shall be made at the closing. AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest interest cost computed by determining at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from May 1, 1997, to their maturity and deducting therefrom any premium or adding thereto any discount. In the event of a tie, the sale of the bonds will be awarded by lot. LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Dickinson, Wright, Moon, Van Dusen & Freeman, attorneys of Lansing, Detroit and Grand Rapids, Michigan, an original of which will be furnished without expense to the Purchaser on the date of delivery of the bonds. The fees of Dickinson, Wright, Moon, Van Dusen & Freeman for services rendered in connection with such approving opinion are expected to be paid from bond proceeds or other moneys lawfully appropriated and available therefor. Except to the extent necessary to issue its approving opinion as to the validity of the bonds, Dickinson, Wright, Moon, Van Dusen & Freeman has made no inquiry as to any financial information, statements or material contained in any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and, accordingly, will not express any opinion with respect to the accuracy or completeness of any such financial information, statements or materials. TAX MATTERS: The approving opinion of bond counsel will include an opinion to the effect that under existing law, the interest on the bonds (a) is excluded from gross income for federal income tax purposes and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, such opinion will note that certain corporations must take into account interest on the bonds in determining adjusted current earnings for the purpose of computing such alternative minimum tax. The opinion set forth in clause (a) above will be subject to the condition that the City comply with all

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requirements of the Internal Revenue Code of 1986, as amended (the ACode@), that must be satisfied subsequent to the issuance of the bonds in order that the interest thereon be (or continue to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements could cause the interest on the bonds to be included in gross income retroactive to the date of issuance of the bonds. The City has covenanted to comply with all such requirements. Bond counsel will express no opinion regarding other federal tax consequences arising with respect to the bonds. The City has designated the bonds as Aqualified tax-exempt obligations@ for purposes of Section 265(b)(3) of the Code. The Purchaser will be required, as a condition of delivery of the bonds, to certify the Aissue price@ of the bonds within the meaning of Section 1273 of the Code. [In addition, if the Purchaser obtains a municipal bond insurance policy or other credit enhancement for the bonds in connection with their original issuance, the Purchaser will be required, as a condition of delivery of the bonds, to certify that the premium for the municipal bond insurance policy or other credit enhancement will be less than the present value of the interest expected to be saved as a result of such insurance policy or other credit enhancement.] The form of an acceptable certificate will be provided by bond counsel. In addition, the approving opinion of bond counsel will include an opinion to the effect that under existing law, the bonds and the interest thereon are exempt from taxation by the State of Michigan or by any taxing authority within the State of Michigan, except estate taxes and taxes on gains realized from the sale, payment or other disposition thereof. OFFICIAL STATEMENT: A copy of the City=s official statement relating to the bonds may be obtained by contacting the Manager of the City, 130 N. Nottawa, Sturgis, Michigan 49091, telephone (616) 651-2321, or the Financial Advisor at the address referred to below. The official statement is in a form deemed final by the City for purposes of subsection (b)(1) of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended (the ARule@), but is subject to revision, amendment and completion in a final official statement. After the award of the bonds, the City will provide the Purchaser on a timely basis 225 copies of a final official statement, as that term is defined in subsection (f)(3) of the Rule, at the expense of the City (and such additional copies of the final official statement as reasonable requested by, and at the expense of, the Purchaser) to enable the Purchaser to comply with subsection (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. Requests for such additional copies of the final official statement shall be made to the Financial Advisor within 24 hours of the award of the bonds. CONTINUING DISCLOSURE: In order to assist bidders in complying with subsection (b)(5) of the Rule, the City will undertake pursuant to the Bond Resolution and a continuing disclosure certificate, to provide annual financial information and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the official statement and will

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also be set forth in the final official statement. CUSIP: CUSIP numbers will be imprinted on all bonds of this issue at the expense of the City. Neither the failure to print CUSIP numbers nor an improperly printed CUSIP number will constitute a basis for the Purchaser to refuse to accept delivery of the bonds. The Purchaser shall be responsible for requesting assignment of CUSIP numbers and for the payment of any charges for the assignment of CUSIP numbers. DELIVERY OF BONDS: The City will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the Purchaser to DTC in New York, New York. The usual closing documents, including a continuing disclosure certificate and a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of delivery of the bonds. If the bonds are not tendered for delivery by 12:00 noon, Eastern Daylight Saving Time, on the 45th day following the date of sale, or the first business day thereafter if the 45th day is not a business day, the Purchaser may on that day, or any time thereafter until delivery of the bonds, withdraw its proposal by serving notice of cancellation, in writing, on the undersigned, in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve funds. Accrued interest to the date of delivery of the bonds shall be paid by the Purchaser at the time of delivery. FINANCIAL ADVISOR: Further information with respect to the bonds may be obtained from Evensen Dodge, Inc., 1178 Meridian Road, Mason, Michigan 48854-9470, Attention: Thomas Traciak, telephone (517) 676-6050, Financial Advisor to the City. THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should be plainly marked AProposal for Bonds.@

CITY OF STURGIS, MICHIGAN

By: /s/ Jerome R. Kisscorni Its: Manager

21. OFFICIAL STATEMENT; CONTINUING DISCLOSURE: The Manager is

authorized to cause the preparation of a preliminary official statement and a final official statement for the 1997 Bonds for the purpose of enabling compliance with Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended (the ARule@), by the successful bidder or bidders and to do all other things necessary to enable compliance with the Rule by the successful bidder or bidders. After the award of the 1997 bonds, the City shall provide, on a timely basis, up to 225 copies of the final official statement at its expense (and such additional copies of the final official statement as reasonably requested by, and at the expense of, the successful bidder or bidders) to enable the

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successful bidder or bidders to comply with subsection (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board (the MSRB@). The form of the preliminary official statement placed on file with the City Commission is hereby approved. The Manager is authorized to distribute the preliminary official statement and to sign and distribute the final official statement, each with such corrections and additions as the Manager deems appropriate or necessary to enable the successful bidder or bidders to comply with the Rule and the rules of the MSRB. The Mayor, the Manager or the City Clerk is hereby authorized to execute and deliver in the name and on behalf of the City (i) a certificate of the City to comply with the requirements for a continuing disclosure undertaking of the City pursuant to subsection (b)(5) of the Rule and (ii) amendments to such certificate from time to time in accordance with the terms of such certificate (the certificate and any amendments thereto are collectively referred to herein as the AContinuing Disclosure Certificate@). The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. The remedies for any failure of the City to comply with and carry out the provisions of the Continuing Disclosure Certificate shall be as set forth therein.

22. BOND RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the purchase and acceptance of any and all of the 1997 Bonds authorized to be issued hereunder by those who shall hold the same from time to time, Ordinance No. 91 and this Resolution shall be deemed to be and shall constitute a contract between the City and the Registered Owners from time to time of the 1997 Bonds. The lien and pledge made in Ordinance No. 91 and this Resolution and the covenants and agreements therein and herein set forth to be performed on behalf of the City shall be for the equal benefit, protection and security of the Registered Owners of any and all of the 1997 Bonds, all of which, regardless of the time or times of their authentication and delivery or maturity, shall be of equal rank without preference, priority or distinction of any of the 1997 Bonds over any other thereof except as expressly provided in or permitted by Ordinance No. 91 and this Resolution.

23. EXECUTION OF DOCUMENTS. Except for the requirements set forth in Section 10 of this Resolution for execution of the 1997 Bonds and Section 26 of this Resolution for the authentication of the recording of this Resolution in the minutes of the Commission, nothing in this Resolution shall be construed to require more than one person to execute any agreement, certificate or document on behalf of the City.

24. CONFLICTING RESOLUTIONS. All prior resolutions or orders, or parts thereof, insofar as they may be in conflict with the provisions of this Resolution, are hereby repealed or rescinded, as applicable.

25. SEVERABILITY AND PARAGRAPH HEADINGS. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such

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section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution. The paragraph headings in this Resolution are furnished for convenience of reference only and shall not be considered to be a part of this Resolution.

26. PUBLICATION AND RECORDATION. This Resolution shall be published in full once in the Sturgis Journal, a newspaper of general circulation in the City qualified under State law to publish legal notices, promptly after its adoption, and shall be recorded in the minutes of the Commission. Such recording shall be authenticated by the signatures of the Mayor and the Clerk.

27. EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. Yeas: Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Bir, Mayor Dobberteen Nays: None Absent: Lampe THE RESOLUTION WAS ADOPTED ON APRIL 7, 1997 Moved by Comm. McCarthy and seconded by Comm. Holsinger to approve the Electric Department Tree Trimming Policy and Procedures as follows:

STURGIS ELECTRIC DEPARTMENT TREE TRIMMING POLICY AND PROCEDURES

(1) The City Electric Department will mail a ATree Trimming Advisory@ letter to each property owner involved in a proposed tree trimming project. (Letter No. 1)

(2) If a tree needs to be removed from a property, a representative from the Electric Department will contact the property owner to discuss tree removal and the consent form and will attempt to get the form properly signed.

(3) Tree trimming and removal will then proceed with respect to all properties for which consent has been received or for which no expressed refusal to allow access has been received.

(4) If an owner has informed the City that access will not be allowed, the matter should be referred to the Electrical Superintendent for further action. If an owner instructs a tree trimming crew to leave his property once trimming has commenced, the crew should immediately leave the property and refer the matter to the Electrical Superintendent for further action. AT NO TIME SHOULD A CREW MEMBER CONFRONT A PROPERTY OWNER REGARDING ACCESS OR CAUSE A DISTURBANCE!

(5) If access is refused the property in question will be reviewed to determine if any Easements exist or if court action is appropriate to facilitate access for trimming. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir that the following resolution be adopted:

RESOLUTION STURGIS YOUTH AND FAMILY COUNCIL

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WHEREAS, the Sturgis City Commission recognizes that the values and strength of the family are the most important qualities necessary to assure a prosperous and successful community, and WHEREAS, the youth of our community will always be our greatest asset and the future of our youth relies upon the strength of the family and the willingness of the community to establish and support organizations which assist positive family growth, and WHEREAS, the Sturgis Youth and Family Services Council was created to coordinate the many programs established within the community to support parents and their children, and WHEREAS, the Sturgis Youth and Family Services Council has acted as a community sounding board for problems and solutions affecting structure and youth of our City, NOW, THEREFORE, BE IT RESOLVED that the Sturgis City Commission acknowledges the worthwhile efforts of the Sturgis Youth and Family Services Council, applauds its successful programming and supports its on-going activities designed to create a stronger family atmosphere, happier childhood development and a safer and more prosperous and successful community. Voting yea: Eaton, Lutz, McCarthy, Harrison, Fair, Bir, Holsinger, Mayor Dobberteen Voting nay: None Absent: Lampe THE RESOLUTION WAS ADOPTED Moved by Comm. Lutz and seconded by Comm. Eaton to proclaim the week of April 13-19, 1997 to be Sturgis Library Week. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton that the Mayor of the City of Sturgis be appointed to the Economic Development Corporation with full voting privileges. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton to appoint Thomas Rock to the Hospital Board of Trustees to fill the unexpired term of Ella Pierucki, term to expire May, 2000. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir that the Hospital Board be given the authority to disband the Physician Recruitment Committee if it so desires. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Lutz to approve the request from the Sturgis Lions Club to proclaim the second week of May as AWhite Cane Week@ and to solicit funds on the streets of Sturgis. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of

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$553,240.45 and the City bills in the amount of $1,014,492.34 or a total of $1,567,732.79 be paid. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Eaton to hold a public hearing on Wednesday, April 23, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall to consider granting an Industrial Facilities Exemption Certificate to Sturgis Molded Products Company. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to hold a public hearing on Wednesday, April 23, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall to create an Industrial Development District for Krontz General Machine & Tool, Inc. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED

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Moved by Comm. Fair and seconded by Comm. Lutz that the Mayor of the City of Sturgis be appointed to the Brownfield Redevelopment Committee with full voting privileges. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to accept the recommendation of Comm. Fair and donate $1,000.00 to the Salvation Army - General Fund, for use in their regular activities for spring and summer. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Lampe MOTION CARRIED The meeting was adjourned at 8:19 p.m. __________________________

Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION

WEDNESDAY, APRIL 23, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Bir, Lampe, Holsinger, Lutz, Eaton, McCarthy, Mayor Dobberteen. Commissioners absent: None Also present: City Manager, City Attorney, Assistant City Manager, Deputy City Clerk Minutes of the previous rescheduled meeting, held Monday, April 7, 1997 were approved as presented. Larry Crites addressed the Commission on his concerns regarding some unclear language in Chapter 153, Section 97 of the City of Sturgis Housing Code. City Manager Jerome Kisscorni assured Mr. Crites that the problem was being researched by himself as well as the Fire Chief and Housing Inspector. Mr. Crites also had some questions regarding tax breaks for low income residents, which were referred to the State Representative, Glen Oxender. Moved by Comm. Eaton and seconded by Comm. Bir to award the low bid for the Demolition of the Payless Site to Sholl Excavating, Sturgis, Michigan, for the Engineering Department, in the amount of $10,380.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Lutz to award the low bid for Handheld/Portable Radios for the Fire Department to Bear Com, Farmington Hills, Michigan, in the amount of $6,046.28. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to award the high bid for the sale of a 1994 Chevrolet Police Vehicle to Bay Ridge Motors, Brooklyn, New York, in the amount of $6,262.00. Voting yea: Lutz, McCarthy, Bir, Lampe, Eaton, Mayor Dobberteen Voting nay: Harrison, Fair, Holsinger MOTION CARRIED Public Hearing on issuing an Industrial Facilities Exemption Certificate to Telemark Corporation was held.

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Moved by Comm. Lampe and seconded by Comm. Holsinger that an Industrial Facilities Exemption Certificate not to exceed $750,000.00 be awarded to Telemark Corporation for a period of twelve (12) years and that the following resolution be adopted:

RESOLUTION WHEREAS, Telemark Corporation in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Telemark Corporation, and WHEREAS, on October 22, 1980 the City Commission established the Industrial Development District for the industrial property of Telemark Corporation, and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Telemark Corporation for an AIndustrial Facilities Exemption Certificate@. Voting yea: Fair, Harrison, Lampe, Holsinger, Eaton, Lutz, Bir, McCarthy, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Public Hearing on issuing an Industrial Facilities Exemption Certificate to Sturgis Molded Products Company was held. Moved by Comm. Holsinger and seconded by Comm. Lampe that an Industrial Facilities Exemption Certificate not to exceed $500,000.00 be awarded to Sturgis Molded Products and that the following resolution be adopted:

RESOLUTION WHEREAS, Sturgis Molded Products, in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis,

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County of St. Joseph, State of Michigan to Sturgis Molded Products, and WHEREAS, on September 14, 1983, the City Commission established the Industrial Development District for the industrial property of Sturgis Molded Products, and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Sturgis Molded Products for an AIndustrial Facilities Exemption Certificate@. Voting yea: Fair, Harrison, Lampe, Holsinger, Eaton, Lutz, Bir, McCarthy, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Public Hearing on issuing an Industrial Facilities Exemption Certificate to Sturgis Tool & Die, Inc. was held. Moved by Comm. Lampe and seconded by Comm. Harrison that an Industrial Facilities Exemption Certificate not to exceed $52,143.00 be awarded to Sturgis Tool & Die, Inc. for a period of twelve (12) years and that the following resolution be adopted:

RESOLUTION WHEREAS, Sturgis Tool & Die, Inc. in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Sturgis Tool & Die, Inc. and WHEREAS, on March 27, 1985 the City Commission established the Industrial Development District for the industrial property of Sturgis Tool & Die, Inc. and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute,

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and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Sturgis Tool & Die, Inc. for an AIndustrial Facilities Exemption Certificate@. Voting yea: Fair, Harrison, Lampe, Holsinger, Eaton, Lutz, Bir, McCarthy, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Public Hearing on establishing an Industrial Development District for Krontz General Machine & Tool, Inc. was held. Moved by Comm. McCarthy and seconded by Comm. Lampe that an Industrial Development District for Krontz General Machine & Tool, Inc. be established and that the following resolution be adopted:

RESOLUTION WHEREAS, there exists in the City of Sturgis the need for certain programs to alleviate and prevent conditions of unemployment and to assist and retain local industries and commercial enterprises and to encourage the location of industries and commercial enterprises in order to strengthen and revitalize the City=s economy, and WHEREAS, a program to alleviate the aforesaid conditions has been initiated by the Economic Development Corporation of the City of Sturgis, and WHEREAS, Krontz General Machine & Tool, Inc. has filed a request with the City of Sturgis to establish the Industrial Development District for the property so described on the attached, under the provisions of Act No. 198, P.A. 1974 as amended, and WHEREAS, Krontz General Machine & Tool, Inc. in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) is preparing to submit an application providing all information and requirements necessary for the granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan, to Krontz General Machine & Tool, Inc., and WHEREAS, a Public Notice of the hearing was published in the Sturgis Journal on Thursday, April 10, 1997. WHEREAS, the owner of the property was notified by certified mail of the time and place of the Public Hearing, and

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WHEREAS, a Public Hearing was held by the Sturgis City Commission on April 23, 1997, providing the opportunity for all citizens or taxpayers of the City of Sturgis to be heard, and WHEREAS, the Sturgis City Commission hereby finds and determines that designation of the property, as described on the attached, as the Industrial Development District is reasonable and in compliance with Act No. 198, P.A. 1974, as amended, NOW, THEREFORE, BE IT RESOLVED that the Sturgis City Commission does hereby establish the Industrial Development District for the property described on the attached legal descriptions and site drawings. Voting yea: Fair, Harrison, Bir, Lampe, Holsinger, Lutz, Eaton, McCarthy, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. McCarthy and seconded by Comm. Bir to hold a public hearing on Wednesday, May 14, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall to consider granting an Industrial Facilities Exemption Certificate for Krontz General Machine & Tool, Ind. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Harrison that this be considered the first reading of an ordinance to amend Article XIII, Section 1.1303(c) of the Zoning Ordinance of the City of Sturgis pertaining to Enforcement and Violations Procedures. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Eaton that this be considered the first reading of an ordinance to amend Articles II, IV, X and XIII of the Zoning Ordinance of the City of Sturgis pertaining to Special Land Uses and Definitions. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Bir that this be considered the first reading of an ordinance to amend Chapter 131 of the Ordinances of the City of Sturgis pertaining to Offenses Against Person or Morals (Disturbing the Peace). Voting yea: Nine Voting nay: None MOTION CARRIED Comm. Holsinger presented an updated report from the Curbside Collection (Recycling) Committee. Moved by Comm. McCarthy and seconded by Comm. Bir to adopt the following resolution:

RESOLUTION WHEREAS, at the request of the St. Joseph County solid Waste Advisory committee, the City of Sturgis created a curbside collection committee to investigate the feasibility of curbside

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recycling; and WHEREAS, during its investigation, the committee became aware of the systems that were in place that have made successful curbside programs work; and WHEREAS, the City of Sturgis is now served by numerous waste haulers creating a very inefficient system that increases cost and causes trash containers to be at curbside most every day of the week; and WHEREAS, cities that have contracted residential trash pick up to a single hauler have significantly reduced the costs of waste collection to the great majority of their citizens, and in addition provided for the curbside collection of recyclables and clean curbsides; NOW, THEREFORE BE IT RESOLVED, that the Curbside Committee recommends to the Sturgis City Commission that the City contract with a single hauler for the collection of trash and recyclables for all single family and duplex residential units in the City of Sturgis; AND BE IT FURTHER RESOLVED, that any hauler servicing multi-unit apartments in the City of Sturgis be required by Ordinance to provide recycling services. Voting yea: Nine Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. McCarthy and seconded by Comm. Bir to adopt the following resolution:

RESOLUTION WHEREAS, the City of Sturgis (ACity@) is a home rule city under the provisions of 1909 P.A. 279, as amended (AAct@); WHEREAS, under the provisions of Section 9(8) of the Act, the City, by resolution, may annex to the City territory located in a township if such territory is vacant, City-owned land adjacent to the City with no one residing on such land; WHEREAS, the City is the fee owner of real property lying within Fawn River Township, St. Joseph County, Michigan, which is legally described in attached Exhibit A and is depicted in attached Exhibit B (ATerritory@); WHEREAS, the Territory consists of vacant real property and no one resides in the Territory; WHEREAS, the Territory is adjacent to and is contiguous with the City boundaries as is depicted in attached Exhibit C (which Exhibit C is for the purpose of showing the location of the Territory in relation to the City=s boundaries and adjacent areas and which is not a survey nor meant to be an accurate depiction of the boundaries of the Territory); WHEREAS, the City desires to annex the Territory into the City so that it may effectively control and govern its property for future use and development. NOW, THEREFORE, BE IT RESOLVED THAT:

1. The territory legally described in attached Exhibit A and depicted in attached Exhibit B is hereby annexed from Fawn River Township, St. Joseph County, Michigan, to the City of Sturgis, St. Joseph County, Michigan, as vacant City-owned territory which is adjacent and contiguous to the City and upon which no one resides.

2. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution, together with all attached Exhibits and such other documents as may be required to evidence the annexation of the Territory fully and accurately, with the Office of the Great Seal, with the County Clerk of St. Joseph County, Michigan, with the Department

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of Consumer & Industry Services, State Boundary Commission and with such other governmental units, departments or agencies as may be appropriate.

3. All resolutions which, in whole or in part, are in conflict with this Resolution are hereby revoked to the extent of any such conflict. Voting yea:McCarthy, Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. Lampe and seconded by Comm. Lutz to approve an agreement to establish a Sturges-Young Auditorium Endowment Fund through the Sturgis Foundation. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to approve the application of Banquet Room fees on the Auditorium Dining Rooms for Saturday events in the months of April, May, June, July, August and December and to approve the recommended fees as follows: Prairie, Pioneer and Patriot Rooms $50.00, the Full Dining Room $150.00. Voting yea: Nine Voting nay: None MOTION CARRIED City Manager Jerome Kisscorni distributed the Fiscal Year 1997-98 City Budget and the List of City Boards. Moved by Comm. McCarthy and seconded by Comm. Lutz that the City Commission hold a public hearing on Wednesday, May 14, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall to discuss the Fiscal Year 1997-98 City Budget. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir to approve the request from the American Legion Auxiliary to sell Poppies on May 22, 23, and 24th in the City of Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $605,238.91 and the City bills in the amount of $865,509.89 for a total of $1,470,748.80 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir to condense the publication of City Commission meeting minutes, when appropriate, by noting that the entire contents of the

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minutes are on record and available at the City Offices, and to publish the City Commission meeting agenda for a proposed trial period of six months. Voting yea: Nine Voting nay: None MOTION CARRIED County Commissioner Mike Sutter addressed the City Commission on the Save Our Brick Streets Committee, No Wrong Door Program and the Work Force Development. The City of Sturgis Budget Workshop was scheduled for Wednesday, April 30, and Wednesday, May 7, 1997 at 6:30 p.m. in the Wiesloch Raum, City Hall. A recommendation made by Comm. Lampe to amend the City Ordinance pertaining to dumpsters within the City of Sturgis, to include that covers be mandatory on all dumpsters, was referred to the Planning Board.

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Comm. McCarthy and Mayor Dobberteen thanked Comm. Sutter for all of his time and effort he has put forth in his communications with our City of the County=s actions and for his sincere desire to assist our citizens and to improve our community. His unselfishness and devotion to others is greatly appreciated. He represents his constituents in the truest sense of the word. Moved by Comm. Lutz and seconded by Comm. Bir to accept a letter of resignation from Carl Schuster from the Cemetery Board and that a framed certificate and a letter of appreciation be presented to him at a future Commission meeting. Voting yea: Nine Voting nay: None MOTION CARRIED Mayor Dobberteen reaffirmed Comm. McCarthy=s appointment as a member of the City Commission liaison to the Parks and Recreation Advisory Board. Mayor Dobberteen commended Sturgis Police Chief Eugene Alli and Fire Chief Paul Trinka for their professionalism and organization in handling the recent fire at Oak International. Moved by Comm. Lampe and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:18 p.m. _______________________________ Mary M. Stoddard, Deputy City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MAY 14, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, April 23, 1997 were approved as presented. Francis Losinski addressed the City Commission regarding his concerns with the Doyle Center memberships and how much the City has contributed towards the Center. Brian Hepner and Al Kuhlman expressed their points of view to the Commission regarding the possibility of the City using one Trash Removal Company, and their approval/disapproval of the concept. John Griffith, Electrical Superintendent, presented an updated report on the Street Lighting Plan. Julie Cottin and Sue Harmon, as well as several other residents of Electric Court discussed their concerns regarding the replacement of street lights in their neighborhood. Moved by Comm. Lampe and seconded by Comm. Lutz to postpone any action on Electric Court street lights until the next regular Commission meeting when a cost analysis can be submitted to the City Commission. Voting yea: Nine Voting nay: None MOTION CARRIED Public hearing on issuing an Industrial Facilities Exemption Certificate to Krontz General Machine & Tool, Inc. was held. Moved by Comm. McCarthy and seconded by Comm. Bir that an Industrial Facilities Exemption Certificate not to exceed $115,000.00 be awarded to Krontz General Machine & Tool, Inc. for a period of twelve (12) years and that the following resolution be adopted:

RESOLUTION WHEREAS, Krontz General Machine & Tool, Inc. in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Krontz General Machine & Tool, Inc. and WHEREAS, on April 23, 1997 the City Commission established the Industrial Development District for the industrial property of Krontz General Machine & Tool, Inc. and

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WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Krontz General Machine & Tool, Inc. for an AIndustrial Facilities Exemption Certificate@. Voting yea: Fair, Harrison, Lampe, Holsinger, Eaton, Lutz, Bir, McCarthy, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Public hearing on (setting the Tax and Water Rates) for the Fiscal Year 1997-98 City Budget was held. Moved by Comm. Holsinger and seconded by Comm. McCarthy that the annual budget of the City of Sturgis be approved. After holding a public hearing on May 14, 1997 and receiving public comment on the 1997-98 Budget, the City elects to levy a tax rate below the maximum tax rate authorized of 13.50 mills. The City tax rate for the 1997-98 fiscal year, to be levied in July 1997, is set at 10.82 mills. The City taxes shall be distributed among the several City funds as shown below. The City Manager shall make no transfers between funds without the approval of the City Commission. FUND APPROPRIATIONS

FROM CITY TAX LEVY General 792,987 Major Street 75,000 Local Street 125,000 Cemetery 121,300 Library 425,000 Auditorium 225,000 Doyle Community Center 65,000 Parks and Recreation 320,000 TOTAL 2,149,287

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Moved by Comm. McCarthy and seconded by Comm. Lampe to amend the above motion and the City Budget to pave Farwell Street as the City Engineer presented in the original budget. Voting yea: Nine Voting nay: None MOTION CARRIED Vote was taken on the original motion. Voting yea: Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Mayor Dobberteen Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir that the water rates as presented on page 4 of the 1997-98 budget go into effect October 1, 1997, and that all water revenues collected be deposited into the water fund for the sole purpose of the operations, maintenance, and upgrading of the City Water System. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz that Tom Franks, James Liston, Robert Littke, Stewart Swihart, Michael McCarthy and Brian Riley (non-voting) be reappointed to the Airport Advisory Committee for one-year terms. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to reappoint Duke Lutz for a one-year term, and Mary Ann Glance and Carol Rueckert for three-year terms to the Auditorium Board. Voting yea: Nine Voting nay: None MOTION CARRIED The names of Robert Palmer and Chester Stefaniak were submitted to the Board of Review appointments in addition to the three who were up for reappointment. Mayor Dobberteen asked for a Commission vote. Voting for Valerie Mildenberg: Fair, Bir, Holsinger, McCarthy, Harrison, Mayor Dobberteen Voting for Deborah Martin: Fair, Bir, Harrison Voting for Ted Warner: Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Harrison, Mayor Dobberteen Voting for Robert Palmer: Lampe, Eaton, Lutz Voting for Chester Stefaniak: Lampe, Holsinger, Eaton, Lutz, McCarthy, Mayor Dobberteen Ted Warner, Valerie Mildenberg and Chester Stefaniak were selected to the Board of Review for a term of two years. Moved by Comm. Lampe and seconded by Comm. Lutz to appoint David McNeill and Bonnie Walker to the Cemetery Board for five-year terms and reappoint Michael McCarthy (non-voting) for a one-year term.

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Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair to reappoint Suzzette Deaux to the Community Schools Council for a one-year term. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir that Jon Good be reappointed to the Construction Board of Appeals for a three-year term. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to reappoint Cindy Earl, Christine Moline and Karen Stimson to the D.D.A. Board of Directors for four-year terms. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz that Ray Dresser be reappointed for a three-year term and Caralee Mayer be appointed for a three-year term to the Doyle Board of Directors. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir that Don Lampe (non-voting) and Suzzette Deaux (non-voting) be reappointed to one-year terms to the Doyle Board of Directors. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Lutz that Arthur Walker be reappointed to the Economic Development Corporation and the Brownfield Redevelopment Authority for a six-year term. Voting yea: Nine Voting nay: None MOTION CARRIED Move by Comm. McCarthy and seconded by Comm. Lutz that Marge Brand, Don Norris and Mary Kerchner be reappointed to the Election Commission for one-year terms. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Harrison that Sue Bir (non-voting) be reappointed for a one-year term and John Mayer and Karl Littman be reappointed to the Hospital Board of Trustees for five-year terms. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Lutz and seconded by Comm. Bir that John Dobberteen (non-voting) be reappointed for a one-year term and Rose Arbanas be reappointed for a five-year term to the Library Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz that Michael McCarthy (non-voting) be reappointed for a one-year term to the Parks & Recreation Advisory Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to reappoint Carl Holsinger (non-voting) for a one-year term, to reappoint Susan Anable and Al Kuhlman and to appoint Don Eaton to three-year terms to the Planning Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Harrison to reappoint Vera DeFord, James McNeil and Carol Rueckert, and to appoint Judy Northey to three-year terms, to reappoint John Dobberteen for a one-year term to the Sister City Committee. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. McCarthy to reappoint Anne Dressel (School official) for a three-year term to the Sister City Committee. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Harrison to reappoint George Abel and Ilda Ecker for five-year terms to the Sturgis Housing Commission. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir that Al Kuhlman, Greg Hackman and Mary Seymour be reappointed for three-year terms to the Zoning & Building & Housing Board of Appeals. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Harrison that Jerome Kisscorni be reappointed City Manager for one year at a salary of $67,685. Voting yea: Eight Voting nay: Lampe MOTION

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CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that Carol F. Rambadt be reappointed City Clerk/Treasurer for one year at a salary of $38,700. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir that Roger Bird be reappointed City Attorney for one year at a retainer fee of $46,600 and John Svendsen, Andrew Rogness and Eric Scheske be reappointed Assistant City Attorneys. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir that Sandra Gerow be reappointed Librarian for one year at a salary of $41,238. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that Phyllis Youga be reappointed Auditorium Manager for one year at a salary of $39,444. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Lutz that the contract of City Manager Jerome Kisscorni be renewed for one year, as presented. Voting yea: Seven Voting nay: Lampe, Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir that the following resolution be adopted:

RESOLUTION WHEREAS, there may now be and may hereafter from time to time come into the hands of Carol F. Rambadt, Treasurer of the City of Sturgis, Michigan certain monies belonging to or being held by the state, county or other political units of the state, or otherwise held according to law, and WHEREAS, under the law of the State of Michigan this Commission is required to provide by resolution for the deposit of all monies including tax monies coming into the hands of said Treasurer, in one or more banks, hereinafter called banks, to be designated in such resolution. NOW, THEREFORE, BE IT RESOLVED, that said Treasurer Carol F. Rambadt, is hereby directed to deposit all public monies including tax monies coming into her hands as Treasurer, in the following banks:

Citizens Bank - Sturgis, Michigan Sturgis Federal Savings - Sturgis, Michigan Century Bank & Trust - Sturgis, Michigan Key Bank - Sturgis, Michigan

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Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir that this be considered the second reading to amend Article XIII, Section 1.1303(c) of the Zoning Ordinance of the City of Sturgis regarding enforcement and violations procedures. The City of Sturgis, St. Joseph County, Michigan ordains: Article XIII, Section 1.1303(c) of the Zoning Ordinance of the City is hereby amended in its entirety to provide as follows effective as of July 5, 1997:

(C) Violations. The Building Department shall investigate any alleged violation of this section coming to his attention, whether by complaint or from personal knowledge. If a violation is found to exist, the Building Department shall serve notice upon the owner by personal service or regular mail, and order a termination of the violations. In the case of a violation of Section 1.0521, if a violation is found still to exist seven days after notification and order, the Building Department shall immediately prosecute a complaint to terminate the violation before the district court. In the case of a violation of Section 1.0703(B), the Building or Police Department may immediately prosecute a complaint to terminate the violation before district court. In the case of a violation of any section other than Section 1.0521, if a violation is found to still exist thirty (30) days after the notification and order, the building official shall immediately prosecute a complaint to terminate the violation before the district court. Pursuant to Act 366 of the Public Acts of 1984 of the State of Michigan, if the Building or Police Department has reasonable cause to believe that a person has violated any provision of this section, the Building or Police Department may, in its discretion, issue and serve upon the person an appearance ticket with respect to the violation, in which event the violation shall be processed as provided by law. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz that this be considered the second reading to amend Articles II, IV, X and XIII of the Zoning Ordinance of the City of Sturgis regarding Special Land Uses and Definitions. The City of Sturgis, St. Joseph County, Michigan ordains: Articles II, IV, X and XIII are hereby modified as follows effective as of July 5, 1997.

(1) The definition of AFAMILY@ in Section 1.0202 is hereby modified to read as follows:

FAMILY a) A domestic family, that is, one or more persons living together and related by the

bonds of consanguinity, marriage or adoption, together with servants of the principal occupants and not more than one additional unrelated person, with all of such individuals being domiciled together as a single, domestic, housekeeping unit in a dwelling unit.

b) The functional equivalent of the domestic family, that is, persons living together in a dwelling unit whose relationship is of a permanent and distinct character and is the functional equivalent of a domestic family, with a demonstrable and recognizable bond

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which constitutes the functional equivalent bonds which render the domestic family a cohesive unit. All persons of the functional equivalent of the domestic family must be cooking and otherwise housekeeping as a single, nonprofit unit. This definition shall not include any society, club, fraternity, sorority, association, lodge, coterie, organization or group where the common living arrangements and/or the basis for the establishment of the functional equivalency of the domestic family is likely or contemplated to exist for a limited or temporary duration. For the purposes of enforcement, the Building Department shall presume that a functional equivalent of a domestic family is limited to six (6) or fewer persons. A property owner may rebut this presumption to allow more than six (6) persons by submitting an application for special land use approval subject to the standards set forth in this Ordinance.

(2) The definition of APlanning Commission@ is hereby eliminated from Section 1.0202.

(3) AAgricultural Processing Plant@ is hereby eliminated as a special land use under Section 1.0401(C).

(4) Section 1.0407(B) (15) pertaining to permitted uses shall be modified to read as follows:

A(15) Uses accessory to the above uses on the premises.@ (5) The following shall be added as special land uses as Section 1.1003:

Z. Riding or Boarding stables may be permitted in the R-1 Rural Residential District subject to the provisions of this ordinance and the following conditions:

(1) A land parcel of not less than ten (10) acres shall be provided. (2) Stables shall be located no nearer than 100 feet to any dwelling on an

abutting property. (3) Shelter shall be available for all horses boarded. (4) Animal refuse shall be disposed of at regular intervals and shall be

kept in such a manner as to minimize odor and insect nuisance to neighboring properties.

AA. Animal Hospitals may be permitted in the R-1 Rural Residential District subject to the provisions of this ordinance and the following conditions:

(1) A land parcel of not less than five (5) acres shall be provided. (2) All on site animal treatment and all kennels shall be within enclosed

buildings. (3) No outdoor animal runs shall be permitted.

BB. Farming or Horticulture may be permitted in the R-2 Subdivision Residential District subject to the provisions of this ordinance and the following conditions:

(1) Field crop farming and horticulture shall be done on parcels of five (5) acres or more.

(2) The raising of livestock shall be a minor part of a farming operation. CC. Functional Equivalent Family - Additional Persons. The limit upon the

number of persons who may reside as functional equivalent of the

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domestic family may be increased or enlarged upon a demonstration by the applicant of all of the following:

(1) There are adequate provisions on the subject property for off-street parking for each adult proposed to reside on the premises, and adequate storage for each person proposed to reside on the premises;

(2) The extent of increase or enlargement of the limit upon the number of persons shall not, when considered cumulatively with existing and reasonably projected population concentration in the area, place an unreasonable burden upon public services, facilities and/or schools;

(3) There shall be a minimum of one hundred twenty-five (125) square feet of useable floor space per person on the premises;

(4) If the planning board grants an application under this provision, the determination shall include the specific maximum number of persons authorized to reside on the property, and any minimum parking or storage requirements to be maintained.

(6) Section 1.1303(C) shall be modified to read as follows: (C) Violations. The Building Department shall investigate any alleged violation

of this section coming to his attention whether by complaint or from personal knowledge. If a violation is found to exist, the Building Department shall serve notice upon the owner by personal service or regular mail, and order a termination of the violations. In the case of a violation of Section 1.0521, if a violation is found still to exist seven (7) days after notification and order, the Building Department shall immediately prosecute a complaint to terminate the violation before the district court. In the case of a violation of Section 1.0703(B), the Building or Police Department may immediately prosecute a complaint to terminate the violation before the district court. In the case of a violation of any section other than Section 10521, if a violation is found to still exist thirty (30) days after notification and order, the building official shall immediately prosecute a complaint to terminate the violation before the district court. Pursuant to Act 366 of the Public Acts of 1984 of the State of Michigan, if the Building or Police Department has reasonable cause to believe that a person has violated any provision of this section, the Building or Police Department may, in its discretion, issue and serve upon the person an appearance ticket with respect to the violation, in which event the violation shall be processed as provided by law. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Lampe that this be considered the second reading to amend Chapter 131 of the Ordinances of the City of Sturgis regarding Offenses Against Person or Morals (Disturbing the Peace). The City of Sturgis, St. Joseph County, Michigan ordains:

Chapter 131: Offenses Against Person or Morals, of the Ordinances of the City of Sturgis is hereby amended to add Section 131.02 as follows effective as of July 5, 1997.

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131.02 Disturbing the Peace.

(A) It shall be unlawful for any person or persons to create or assist in creating a noise or disturbance which tends to destroy peace and good order.

(B) Whoever violates this ordinance shall, upon finding of responsibility for a civil infraction, be fined the sum of One Hundred and 00/100 ($100.00) Dollars. A failure to pay any fine imposed by a court or city agency of competent jurisdiction within any specified time period, or a second violation of the same ordinance within a ninety (90) day period, shall be deemed a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than Five Hundred and 00/100 ($500.00) Dollars, or imprisonment in the county jail for a period not to exceed niney (90) days, or both. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Lutz to approve an Easement and right-of-way to lay, construct, and maintain an initial gas pipeline and any additional pipelines desired for Michigan Gas Utilities at Big Hill Road and US-12. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to proclaim Thursday, May 22, 1997 as AArbor Day.@ Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz to aprove the request from VFW Post 1355 Ladies Auxiliary to sell Buddy Poppies on May 15, 16 and 17 in the City of Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $1,074,923.82 and the City bills in the amount of $1,169,002.52 or a total of $2,243,926.34 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED

RESOLUTION Moved by Comm. Harrison and seconded by Comm. Lampe that the City of Sturgis endorse the ANo Wrong Door@ concept as presented by County Commissioner Mike Sutter. Voting yea: Lutz, McCarthy, Harrison, Fair, Lampe, Holsinger, Eaton, Mayor Dobberteen Voting nay: None Absent: Bir MOTION CARRIED

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RESOLUTION Moved by Comm. Lampe and seconded by Comm. Harrison that the request from Aurelio C. Aguilar (aka: Fidensio Camacho Munos) to transfer ownership of 1996 Class C licensed business, located at 105 W. Chicago, Sturgis, Michigan 49091, St. Joseph County, from B&W Tavern, Inc. be approved. Voting yea: Eight Voting nay: Eaton MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Harrison that the following names be considered as primary street names for the Sturgis City subdivision: (William) Stoughton, (Robert) Snow, (Donald) Norris, (Jonathan) Flanders and (Thomas) Collins. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the following names be considered as secondary street names for the Sturgis City subdivision: (John) Brand and (Harley) Pierce. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton to designate green and white as the official street sign colors in the City of Sturgis. Voting yea: Seven Voting nay: Fair, Lutz MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Fair to approve the request from the ASturgis Dream Fest@ committee to block off Pleasant Avenue from Chicago Road to the Parking Lots between 1:00 p.m. and midnight on Saturday, July 26, 1997 to hold a carnival and street dance. Voting yea: Nine Voting nay: None MOTION CARRIED Comm. Bir thanked the City Staff and citizens for their support of the Cinco de Mayo celebration, which was held on May 3, 1997.

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Moved by Comm. Lampe and seconded by Comm. Bir that the City offer a $100.00 reward for information leading to the arrest of any person/persons responsible for the vandalism of City property. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. McCarthy that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:17 p.m. __________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MAY 28, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Lampe, Holsinger, Lutz, Eaton, McCarthy, Bir, Mayor Dobberteen Commissioners absent: Harrison Also present: City Manager, City Attorney, Assistant City Manager, City Clerk County Commissioner Cameron Brown presented an updated report including the application for a Community Development Block Grant of which the Sturgis Neighborhood Program may receive a percentage. Creig Mizner recommended that the City hold an annual ASummer Fest@ celebration the second weekend of June. Moved by Comm. Holsinger and seconded by Comm. McCarthy that the Mayor be authorized to appoint a committee of interested parties such as the Chamber of Commerce and non-profit organizations. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Mayor Dobberteen presented a plaque to Carl Schuster on behalf of the City Commission for his many years of volunteer service on the Cemetery and Parks Board. Moved by Comm. Lampe and seconded by Comm. Holsinger that the Electric Revenue Bonds, Series 1997, be awarded to First of America at a 5.310% interest rate, and that the following resolution be adopted:

AWARD RESOLUTION ELECTRIC REVENUE BONDS, SERIES 1997

WHEREAS, the City Clerk has placed on file with the City Commission the Order Providing Exception issued by the Department of Treasury, dated February 28, 1997, relative to the issuance by the City of its Electric Revenue Bonds, Series 1997, in the aggregate principal amount of $8,000,000 Athe ABonds@); and WHEREAS, in accordance with the resolution adopted by the City Commission on April 7, 1997 (the ABond Resolution@) and after being advised by Evensen Dodge, Inc., the financial advisor to the City (the AFinancial Advisor@), that the conditions set forth in Section 17 thereof have been met for obtaining a financial guaranty insurance policy, the City Manager has arranged to obtain a commitment to issue such a policy (the APolicy@) from MBIA Insurance Corporation (the ABond Insurer@); and WHEREAS, based on advice provided by the Financial Advisor, it is more advantageous to the

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City to meet the Bond Reserve Requirement (as defined in the Bond Resolution) by depositing Net Revenues (as defined in the Bond Resolution) of the System (as defined in the Bond Resolution) then available on the date of issuance of the Bonds into the Bonds Reserve Account (as defined in the Bond Resolution) on that date to the extent necessary to meet the Bond Reserve Requirement instead of using the proceeds of the Bonds to meet the Bond Reserve Requirement; and WHEREAS, in accordance with the Bond Resolution, proposals for the purchase of the Bonds as advertised in The Bond Buyer had been opened earlier on this date, at 2:00 p.m., Eastern Daylight Saving Time; and WHEREAS, the Manager presented the following proposals, amongst those which complied with the terms of the Notice of Sale (as hereinafter defined), which had been received on or before 2:00 p.m., Eastern Daylight Saving Time, on this date;

Net Net Bidder Interest Cost Interest Rate 1. First of America Securities, Inc. $5,428,065.00 $5.310100% 2. McDonald & Co. 5,440,047.50 5.321900 3. ABN AMRO Chicago 5,460,263.95 5.341600 4. William R. Hough & Co. 5,461,350.00 5.342700 5. EVEREN Securities, Inc. 5,484,137.50 5.365030 6. Griffin, Kubik, Stephans & Thompson 5,487,812.50 5.368600 7. Paine Webber 5,491,928.70 5.372656 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STURGIS, ST. JOSEPH COUNTY, MICHIGAN, as follows: Section 1. The actions of the Manager arranging to obtain the Policy from the Bond Insurer, fixing this date as the date of sale of the Bonds and causing notice of the sale to be published on May 13, 1997, in The Bond Buyer (the ANotice of Sale@) is ratified and confirmed. Section 2. The proposal of First of America Securities, Inc. To purchase the Bonds to be issued by the City at par, minus a discount of $100,000 and plus accrued interest from May 1, 1997, the date of the Bonds, until the date of their delivery, and bearing interest at the rates per annum as follows:

Principal Interest Principal Interest May 1 Amount Rate May 1 Amount Rate 1998 $125,000 5.000% 2008 $415,000 5.000% 1999 125,000 5.000 2009 440,000 5.125 2000 150,000 5.000 2010 460,000 5.200 2001 150,000 5.000 2011 485,000 5.250 2002 325,000 5.000 2012 510,000 5.250 2003 330,000 5.000 2013 535,000 5.300

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2004 350,000 5.000 2014 565,000 5.300 2005 365,000 5.000 2015 600,000 5.300 2006 380,000 5.000 2016 630,000 5.300 2007 400,000 5.000 2017 660,000 5.300 being the bid, amongst those which complied with the terms of the Notice of Sale, which produces the lowest net interest cost to the City, be and the same is hereby accepted, and all other proposals are hereby rejected and the good faith deposit checks, if any, of the unsuccessful bidders are hereby ordered returned. Section 3. The Manager shall on the date of issuance of the Bonds deposit Net Revenues of the System then available into the Bond Reserve Account to the extent necessary to meet the Bond Reserve Requirement. Section 4. (a) The Bond Resolution is amended by adding the following to Section 1 thereof.

The definition of the following term set forth in Ordinance No. 91 is amended to provide:

ATrustee@ means Old Kent Bank, of Grand Rapids, Michigan.

(b) The Bond Resolution is amended by inserting the following Section 24

therein and renumbering Sections 24-27 therein as Sections 25-28, respectively.

24. FINANCIAL GUARANTY INSURANCE POLICY. During the time the 1997 Bonds are insured by MBIA Insurance Corporation (the AInsurer@), pursuant to a financial guaranty insurance policy (the APolicy@) issued by the Insurer insuring the payment when due of the principal of and interest on the 1997 Bonds as provided therein and the Insurer is not in default under the Policy, the following shall be applicable:

A. In the event that, on the second business day, and again on the business day, prior to the payment date on the 1997 Bonds the Transfer Agent has not received sufficient moneys to pay all principal of and interest on the 1997 Bonds due on the second following or following, as the case may be, business day, the Transfer Agent shall immediately notify the Insurer or its designee on the same business day by telephone or telegraph, confirmed in writing by registered or certified mail, of the amount of the deficiency.

B. If the deficiency is made up in whole or in part to or on the payment date, the Transfer Agent shall so notify the Insurer or its designee.

C. In addition, if the Transfer Agent has notice that any Registered Owner has been required to disgorge payments of principal of or interest on the 1997 Bonds

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to a trustee in bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such Registered Owner within the meaning of any applicable bankruptcy laws, then the Transfer Agent shall notify the Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail.

D. The Transfer Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for the Registered Owners of the 1997 Bonds as follows:

1. If and to the extent there is a deficiency in amounts required to

pay interest on the 1997 Bonds, the Transfer Agent shall (a) execute and deliver to State Street Bank and Trust Company, N.A., or its successors under the Policy (the AInsurance Paying Agent@), in form satisfactory to the Insurance Paying Agent, an instrument appointing the Insurer as agent for such Registered Owners in any legal proceeding related to the payment of such interest and an assignment to the Insurer of the claims for interest to which such deficiency relates and which are paid by the Insurer, (b) receive as designee of the respective Registered Owners (and not as Transfer Agent) in accordance with the tenor of the Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Registered Owners; and

2. If and to the extent of a deficiency in amounts required to pay principal of the 1997 Bonds, the Transfer Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Insurer as agent for such Registered Owner in any legal proceeding relating to the payment of such principal and an assignment to the Insurer of any of the 1997 Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Transfer Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Registered Owners (and not as Transfer Agent) in accordance with the tenor of the Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Registered Owners.

E. Payments with respect to claims for interest on and principal of 1997 Bonds disbursed by the Transfer Agent from proceeds of the Policy shall not be considered to discharge the obligation of the City with respect to such 1997 Bonds, and the Insurer shall become the owner of such unpaid 1997 Bonds and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise.

F. Irrespective of whether any such assignment as executed and delivered,

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the City and the Transfer Agent hereby agree for the benefit of the Insurer that:

1. They recognize that to the extent the Insurer makes payments, directly or indirectly (as by paying through the Transfer Agent), on account of principal of or interest on the 1997 Bonds, the Insurer will be subrogated to the rights of such Registered Owners to receive the amount of such principal and interest from the City, with interest thereon as provided and solely from the sources stated in Ordinance No. 91 and the 1997 Bonds; and

2. They will accordingly pay to the Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in Ordinance No. 91 and the 1997 Bonds, but only from the sources and in the manner provided herein for the payment of principal of and interest on the 1997 Bonds to the Registered Owners, and will otherwise treat the Insurer as the owner of such rights to the amount of such principal and interest.

G. In connection with the issuance of Additional Bonds, the City shall deliver to the Insurer a copy of the disclosure document, if any, circulated with respect to such Additional Bonds.

H. Copies of any amendments made to the documents executed in connection with the issuance of the 1997 Bonds which are consented to by the Insurer shall be sent to Standard & Poor=s Ratings Services.

I. The Insurer shall receive notice of the resignation or removal of the Transfer Agent and the appointment of a successor thereto.

J. The Insurer shall receive copies of all notices required to be delivered to the Registered Owners of the 1997 Bonds and, on an annual basis, copies of the City=s audited financial statements and annual budget. Any notice that is required to be given to a Registered Owner of the 1997 Bonds or the Transfer Agent pursuant to Ordinance No. 91 shall also be provided to the Insurer. All notices required to be given to the Insurer under Ordinance No. 91 shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504, Attention: Surveillance.

K. In connection with any amendment to Ordinance No. 91 pursuant to Section 34(a) thereof, the Insurance must be given written notice thereof. Ordinance No. 91 shall not be amended pursuant to Section 34(b) thereof without the prior written consent of the Insurer and without sending a copy thereof to Standard & Poor=s Ratings Services.

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L. With respect to the 1997 Bonds only, an Event of Default under Section

21(b) of Ordinance No. 91 shall include (i) a failure by the City or the Commission to observe any other of the covenants or conditions of Ordinance No. 91, which failure shall continue for 30 days, and (ii) a declaration of bankruptcy by the City. The Insurer, acting alone, but subject to the rights of AMBAC Indemnity Corporation under Ordinance No. 91, shall have the right to direct all remedies upon the occurrence of an Event of Default that affects the 1997 Bonds. The Insurer shall be recognized as the Registered Owner of each 1997 Bond which it insures for the purposes of exercising all rights and privileges available to the Registered Owners. For the 1997 Bonds which its insures, the Insurer shall have the right to institute any suit, action or porceeding at law or in equity under the same terms as a Registered Owner in accordance with applicable provisions of Ordinance No. 91. Other than the usual redemption provisions, any acceleration of principal payments with respect to the 1997 Bonds shall not occur without the Insurer=s prior written consent. Section 5. The Bonds shall be issued in accordance with the terms set forth in the Bonds Resolution and bearing interest at the rates per annum as set forth above. In accordance with the terms of the Notice of Sale and at the option of First of America Securities, Inc., the Bonds maturing on May 1, 2017 shall be a term bond and the principal due on May 1, 2016 shall be a mandatory redemption requirement for such term bond. Section 6. All prior resolutions or orders, or parts thereof, insofar as the same may be in conflict with the provisions of this Resolution, are hereby repealed or rescinded, as applicable. Section 7. This Resolution shall be effective immediately upon its adoption. Voting yea: Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Mayor Dobberteen Voting nay: None Absent: Harrison THE RESOLUTION WAS ADOPTED ON MAY 28, 1997 Moved by Comm. Fair and seconded by Comm. Bir to accept the recommendation that the City move Electric Court to the top of the street lighting list for replacement in the 1997-98 Fiscal Year, and to use the current IES lighting standards along with new poles, Helophane heads, new castings and new underground wiring. Also, to accept the recommendation to add an additional $25,000 to the current $110,000 replacement cost. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Tom Asp, Power System Engineering, Inc. reported on the Broadband Feasibility Study results and conclusions. Moved by Comm. Holsinger and seconded by Comm. McCarthy to consider this the first reading to amend Chapter 52 of the ordinances of the City of Sturgis pertaining to the Regulation of Lighting and Electricity within the City and Terms and Conditions for Electric Service.

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Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Lampe to put the petition from property owners on and along Merryview Drive for the construction of a street with curb and gutter up for a public hearing at the next regular Commission meeting. Discussion followed. Motion was withdrawn. Moved by Comm. Lampe and seconded by Comm. Eaton to table the issue until further information is received. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Bir to accept the letter of resignation from Roy Pearson from the Planning Board and that a letter expressing the Commissions appreciation and best wishes with his new career be sent. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz that the following resolution be adopted:

RESOLUTION TO REQUEST MDEQ TO DECLARE THE PAYLESS GAS STATION PROPERTY AN

AORPHAN SITE@ WHEREAS, in April of 1991 there was a free product release at the Payless Gas Station property located at 500 West Chicago Road in Sturgis, and WHEREAS, the owners of said property closed the Gas Station and allowed the facility to deteriorate to such a state of disrepair that it was rendered dangerous, unsafe, unsanitary and otherwise unfit for human habitation, and, WHEREAS, after numerous attempts to have the owners comply with an order to raze the structure on the site, the City of Sturgis and its citizens have incurred the cost to raze the structure and clean up the site surface, and WHEREAS, the owner of the Payless Gas Station site has demonstrated a consistent disregard for meeting commitments to clean up the free product release at the site. NOW, THEREFORE BE IT RESOLVED, the City of Sturgis, in an effort to protect the health and well being of its citizens, request that the Michigan Department of Environmental Quality declare the Payless Gas Station property as an AOrphan Site@ and to remediate the site utilizing AOrphan Share@ funds. BE IT FURTHER RESOLVED, that said resolution be sent to Governor John Engler, State Senator Harry Gast, State Representative Glenn Oxender and the Michigan Department of Environmental Quality. Voting yea: Fair, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen Voting nay: None Absent: Harrison THE RESOLUTION WAS ADOPTED.

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Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $670,673.89 and the City bills in the amount of $856,371.73 for a total of $1,527,045.62 be paid. Voting yea: Seven Voting nay: None Absent: McCarthy, Harrison MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Lutz that the City authorize a payment of $15,000 to the Sturgis Youth and Family Services Council. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz that the City Staff prepare a resolution to be brought to the Commission the next regular meeting opposing the Governor=s plan to take over the local streets. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. McCarthy to appoint Jack Arbanas to the Doyle Board of Directors to fill the unexpired term of Rich Piatt, term to expire May, 1998. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Mayor Dobberteen commended the Cemetery Department for their beautiful job preparing the Cemetery for Memorial Day. Moved by Comm. Lampe and seconded by Comm. Bir that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED The meeting was adjourned at 9:00 p.m. __________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JUNE 11, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: None Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous meeting held on May 28, 1997 were approved as corrected. Members of MERCOM were present to give a presentation regarding rates and services provided to the City of Sturgis, and to request that the City consider renewing their franchise for fifteen years. Mayor Dobberteen presented a short speech recognizing Don Norris and Robert Snow and the reasons why their names were chosen to be used as street names in the new Sturgis City Subdivision. Moved by Comm. Lampe and seconded by Comm. Lutz that this be considered the first reading of an ordinance to amend Chapter 73 of the Ordinances of the City of Sturgis pertaining to traffic regulations. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. McCarthy that this be considered the second reading and approval of an ordinance to amend Chapter 52 of the Ordinances of the City of Sturgis pertaining to the Regulation of Lighting and Electricity within the City. The City of Sturgis, St. Joseph County, Michigan ordains:

CHAPTER 52: LIGHTING AND ELECTRIC SERVICE 52.01 AUTHORITY TO PURCHASE OR CONSTRUCT LIGHTING FACILITY.

See City Charter, Chapter XXII, Sec. 1. 52.02 ACQUISITION AND PURCHASE OF WORKS.

See City Charter, Chapter XXII, Sec. 2 52.03 FUNDING PURCHASE OR WORKS.

See City Charter, Chapter XXII, Sec. 3. 52.04 AUTHORITY TO BORROW.

See City Charter, Chapter XXII, Sec. 4. 52.05 AUTHORITY TO RAISE AN EXPEND FUNDS.

See City Charter, Chapter XXII, Sec. 5.

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52.06 AUTHORITY TO FIX RATES. The City Commission may fix electric rates by resolution in accordance with

Chapter XXII, Sec. 6 of the City Charter. All rates shall be made available for public inspection at the City offices.

52.07 TAKING PRIVATE PROPERTY FOR PUBLIC USE. See City Charter, Chapter XXII, Sec. 7.

52.08 TERMS AND CONDITIONS OF ELECTRIC SERVICE. The City adopts by reference the ATerms and Conditions for Electric Service@

dated June 11, 1997 and any amendments thereto adopted by resolution of the City Commission in accordance with Chapter XXII, Section 6 of the City Charter. The Terms and Conditions, with any amendments, shall be made available for public inspection at the City offices. Voting yea: Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Mayor McCarthy Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton that the second reading and of the ATerms and Conditions for Electric Service@ be approved, as amended. Voting yea: Lampe, Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Bir, Mayor Dobberteen Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Lampe to adopt the following resolution and to forward copies to the Michigan Municipal League, Governor John Engler, State Representative Glenn Oxender and State Senator Harry Gast by registered mail, return receipt requested:

RESOLUTION CITY OF STURGIS

OPPOSITION TO GOVERNOR ENGLER=S BUILD MICHIGAN II PROPOSAL WHEREAS, after many years of neglect the Governor has made a proposal to address the States deteriorating road infrastructure called Build Michigan II, and WHEREAS, under the Build Michigan II proposal the State will take over all of the AFederal Aid Eligible Roads@ from Cities and Counties, and WHEREAS, the City of Sturgis will lose over $370,000 in major street funding and control of over 18 miles of City Streets, and WHEREAS, an additional bureaucratic level of paperwork will be created in dealing with street maintenance, street construction, traffic control and permitting; resulting in more cost to the Citizens of Michigan and a lower level of service. NOW, THEREFORE, BE IT RESOLVED, that the City of Sturgis opposes the Governor=s Build Michigan II proposal and requests that State Senator Harry Gast and State Representative Glenn Oxender represent our concerns to the Governor and diligently work to eliminate jurisdictional changes from the current proposal.

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BE IT FURTHER RESOLVED, that said resolution be sent to Governor Engler, State Senator Harry Gast, State Representative Glenn Oxender and the Michigan Municipal League. Voting yea: Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Bir, Lampe, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED JUNE 11, 1997. Moved by Comm. McCarthy and seconded by Comm. Bir to refer to the Planning Board a request to vacate a portion of the alley running North and South between North Fourth Street and North Prospect Street. Discussion followed. Comm. McCarthy withdrew his motion. Moved by Comm. McCarthy and seconded by Comm. Lutz that the Commission refer the question regarding the portion of the alley running North and South between North Fourth Street and North Prospect Street to the City Staff for a recommendation. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to refer to the Planning Board a request to vacate 150 feet of Pine Street, South of Griffith Street. Voting yea: Eight Voting nay: Lampe MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir to approve the request from the Sturgis Inter-Service Club Council to hold the annual (4th of July) Fireworks display on July 5th, 1997 at Kirsch Municipal Airport. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the City bills in the amount of $898,232,73 and the Hospital bills in the amount of $430,672.25, or a total of $1,328,904.98 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED Comm. Lutz publicly thanked the City Engineering Department in regards to a job well done with the sidewalk program. Matt Nelson, Intern for the City of Sturgis, was introduced by City Manager Jerome Kisscorni. Moved by Comm. Lampe and seconded by Comm. Lutz that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:12 p.m.

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__________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JUNE 25, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: Harrison Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the regular meeting held on Wednesday, June 11, 1997 were approved as presented. Moved by Comm. Fair and seconded by Comm. Bir to award the Street Patching Repair Program for the Engineering Department to J. Allen & Co., Inc., Galesburg, Michigan, in the amount of $48,525.00. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to award the Galyn Street Paving for the Engineering Department to Caporossi Asphalt Paving, Inc., Kalamazoo, Michigan, in the amount of $7,278.00. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Bids for the power transformers for the Electric Department will be presented at the July 9, 1997 City Commission meeting. Moved by Comm. McCarthy and seconded by Comm. Bir that this be considered the second reading and approval of an ordinance to amend Chapter 73 of the Ordinances of the City of Sturgis pertaining to Traffic Regulations.

AMENDMENT TO TRAFFIC REGULATIONS ORDINANCE OF THE CITY OF STURGIS

WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to amend the Ordinance pertaining to traffic regulations; NOW, THEREFORE, THE CITY OF STURGIS, ST. JOSEPH COUNTY ORDAINS:

Chapter 73: Traffic regulations of the Ordinances of the City of Sturgis is hereby amended as follows effective as of August 1, 1997.

1. Section 73.02 (A) (2) is modified to read as follows: (2) AMotor vehicle.@ Any vehicle which is self-propelled, by any means

whatever, including all devices in, upon or by which any person or property may be

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transported or drawn, excluding only devices moved exclusively by human power or vehicles owned by the City.

2. Section 73.02(G) is modified to read as follows: (G) Parking restrictions. No person shall park or store any motor vehicle with

improper or expired registration plates; in any place where official signs prohibit parking; in any space clearly identified by official sign as being reserved for the handicapped; in any space identified by official sign for public safety vehicles; or for more than forty-eight (48) consecutive hours in any park, cemetery, shopping center parking lot, or any parking lot owned by the city or any school district or other public corporation or quasi-corporation. Members of the police department are authorized to remove any motor vehicle so parked or stored to the nearest garage or other place of safety designated or maintained by the police department, and the disposition of such vehicle shall thereupon be governed by the procedure set forth in the Uniform Traffic Code adopted in Chapter 70.01. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Holsinger that the following resolution be adopted:

RESOLUTION COST AGREEMENT FOR TRAFFIC SIGNAL CONTROL

WHEREAS, the City of Sturgis, in cooperation with the Sturgis Public Schools has requested installation of a traffic control signal and pedestrian signal at US-12 (Chicago Road) and Franks Avenue, and WHEREAS, the City and Schools have agreed to install sidewalks on Franks Avenue and East Chicago Road to allow for pedestrian traffic to access the intersection and cross safely with pedestrian signals, and WHEREAS, the City of Sturgis has agreed to bear 25% of the signal installation cost estimated to be $646.00 and future maintenance cost of $270.00 per year. NOW, THEREFORE, BE IT RESOLVED, that the Sturgis City Commission approves the Michigan Department of Transportation cost agreement for Traffic Signal Control and authorizes the City Manager to sign said agreement. Voting yea: Eaton, Lutz, McCarthy, Fair, Bir, Lampe, Holsinger, Mayor Dobberteen Voting nay: None Absent: Harrison THE RESOLUTION WAS ADOPTED JUNE 25, 1997. Moved by Comm. Holsinger and seconded by Comm. Eaton to refer to the Planning Board a request to rezone 108 and 110 South Lakeview Avenue from (R-3) Residential to (B-OS) Business Office Service. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED

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Moved by Comm. Lutz and seconded by Comm. Fair to set July 23rd for public hearing date on the 1997 Sidewalk Program Assessment Roll. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to set July 9th for a public hearing date on the Local Law Enforcement Block Grant Advisory Board Recommendations. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to set July 9th for a public hearing date to Review Status of the Community Development Block Grant Revolving Loan Fund. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to set July 23rd for a public hearing date to review an Application for Community Development Block Grant Revolving Loan Fund Loan from Midwest Tool and Cutlery, Inc. Voting yea: Seven Voting nay: Lampe Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. McCarthy to proclaim July, 1997 as Recreation and Park Month. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $533,350.68 and the City bills in the amount of $8,159,422.67 for a total of $8,692,773.35 be paid. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton to approve the request from the D.S.A. to close the parking lot located between South Nottawa and Pleasant streets from 5:00 p.m. until 12:00 midnight on July 26, 1997. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz that the Planning Board Chairman meet with the City Commission on July 2, 1997 at 7:00 p.m. in the Wiesloch Raum, City Hall. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Harrison MOTION

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CARRIED The meeting was adjourned at 8:10 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JULY 9, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Lampe, Holsinger, Eaton, Lutz, Bir, Mayor Dobberteen Commissioners absent: Harrison, McCarthy Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, June 25, 1997 were approved as presented. Mayor Dobberteen welcomed Boy Scout Troop #402 from the Trinity Lutheran Church. Donald Merkle, 307 Texas Avenue, requested the City Commission delay for 60 days the removal of the Right to Life monument from Oaklawn Cemetery. Moved by Comm. Fair and seconded by Comm. Lutz to table Mr. Merkle=s request as it relates directly to the Cemetery Board. Voting yea: Six Voting nay: None Abstaining: Bir Absent: Harrison, McCarthy MOTION CARRIED County Commissioner Sutter reminded the Commission of the July 15, 1997 County Commission meeting at 5:00 p.m. in the Wiesloch Raum, City Hall, and also invitations to the rededication of the Court House on August 1, 1997 at 3:00 p.m. with Governor Engler present. Moved by Comm. Lutz and seconded by Comm. Lampe to award the bid for a power transformer for the Electric Department to Waukesha Electric Systems, Waukesha, Wisconsin, in the amount of $918,744.00. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Public Hearing to review status of the Community Development Block Grant Loan Fund was held. Director of Industrial Development, Gerry Mayer, reported. Public Hearing on the Local Law Enforcement Block Grant Advisory Board recommendations was held. Police Chief Alli reported.

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Moved by Comm. Lutz and seconded by Comm. Bir that this be considered the first reading of an Ordinance to amend certain Sections of Chapter 153: Property Maintenance Code of the Ordinances of the City of Sturgis and to provide for an effective date. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lampe to exclude trucks or other commercial vehicles, over 10,000 pounds, on the north portion of the alley which runs from East Chicago Road to East West Street between North Fourth Street and North Prospect Street. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir to approve the request from the Doyle Center to close a portion of the streets in the Lakeview Manor Addition area, as requested, from 8:45 a.m. until 9:30 a.m. on Saturday, August 23, 1997 for the Doyle Center Run. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Fair to hold a public hearing on Wednesday, August 13, 1997 at 7:30 p.m. in the Wiesloch Raum, City Hall to establish special assessment districts for improvements (street construction, curb, gutter and street lights) for lots 119 through 125, Meadowlane Addition. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $300,338.61 and the City bills in the amount of $994,413.67 for a total of $1,294,752.28 be paid. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Comm. Lutz publicly thanked the Police Department for the careful handling of a situation in the 4th Precinct. Their professionalism in handling the matter is greatly appreciated. Moved by Comm. Fair and seconded by Comm. Bir to vacate a portion of Park Street Alley contingent on receiving the proper Easements from Burr Oak Tool & Gauge, Inc. and that the following resolution be adopted:

RESOLUTION WHEREAS, the City Commission of the City of Sturgis, County of St. Joseph and State of Michigan, the same being the legislative body of the said City of Sturgis, deems it in the best interests of the City of Sturgis that the following portion of street now situate and being within the City of Sturgis be vacated, being a portion of APark Street Alley@, so-called, to-wit:

A parcel of land located in St. Joseph County, Michigan, Section 1, Sturgis Township, in the City of Sturgis, in the Prairie Heights Addition to the City of Sturgis, according to the Plat of record in the Office of the Register of Deeds for St.

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Joseph County, Michigan, in Liber 1 of Plats on Page 31, commencing at the southwest corner of Lot 6, Block 16, Prairie Heights Addition which is also the point of beginning, thence west 14.5 feet along the north line of Elm Street to the west line of Prairie Heights Addition, thence north along the west line of Prairie Heights Addition 264 feet to the south line of Magnolia Street, thence east along the south line of Magnolia Street 14.5 feet to the northwest corner of Lot 5, Block 16, Prairie Heights Addition, thence south along the west line of Lots 5 and 6, Block 16, Prairie Heights Addition 264 feet to the point of beginning. and WHEREAS, it being advisable to vacate and abandon the said described property, due notice was published in the Sturgis Journal, a newspaper published and circulated in the City of Sturgis, County of St. Joseph, State of Michigan, as required by law, notifying the public and all interested persons that the City Planning Board would meet and be in session on Tuesday, January 21, 1997, at 7:30 p.m. in the Wiesloch Raum, Sturgis City Hall, to hear and consider objections thereto; and WHEREAS, no one appeared at said meeting to object to the proposed vacation and abandonment and no objections having been filed with the City Clerk; and WHEREAS, the owner of the property adjacent to both sides of the portion of Park Street Alley proposed for abandonment has agreed, in the event the aforementioned portion of Park Street Alley is vacated and thereafter built upon by the said property owner, said owner would encase the top half of the storm sewer located within the abandoned street and relocate the water main contained therein, at its sole expense, and that said property owner has further agreed that the City of Sturgis would retain an easement upon said vacated portion of street for the purpose of constructing, repairing, substituting, removing, enlarging, replacing and maintaining the storm sewer, sanitary sewer and water main; and WHEREAS, the City Commission at its meeting on March 26, 1997, conducted a public hearing with respect to the proposed vacating of said portion of Park Street Alley, and received no objections thereto; NOW, THEREFORE, BE IT RESOLVED, subject to the City of Sturgis reserving an easement upon said property for the purpose of constructing, repairing, substituting, removing, enlarging, replacing and maintaining the storm sewer, sanitary sewer and water main, and further subject to the property owner adjacent to said portion of Park Street Alley agreeing to pay for the encasing of the top half of the storm sewer and relocation of the water main located therein, in the event a building is constructed upon said portions of said Park Street Alley, that the above described street be hereby vacated, abolished, abandoned and discontinued, and BE IT FURTHER RESOLVED, that within thirty (30) days from this date, the City Clerk shall forward a certified copy of this resolution to the Treasurer of the State of Michigan, and also a certified copy of this resolution to the Register of Deeds of the County of St. Joseph, State of Michigan, for recording, and that a proper record of this vacation and abandonment be entered into the Book of Plats of the City of Sturgis. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton to adopt the resolution to have City Manager Jerome Kisscorni participate in the Sturgis Dream Fest by taking his turn in the dunk

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tank. Discussion followed.

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Moved by Comm. Holsinger and seconded by Comm. Eaton to amend the proposed resolution to include Gerry Mayer=s name. Voting yea: Lutz, Fair, Bir, Lampe, Holsinger, Eaton, Mayor Dobberteen Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Vote was taken to adopt the following resolution:

RESOLUTION WHEREAS, the Downtown Sturgis Association has planned a Dream Fest; and WHEREAS, the Sturgis City Commission welcomes this initiative by the Downtown merchants; and WHEREAS, the City Manager has indicated a desire to stay in the City of Sturgis; and WHEREAS, the downtown needs a shot in the arm in regards to bringing people to the downtown area; and WHEREAS, other members of the City have volunteered for the dunk tank; and WHEREAS, the community as a whole is looking for the opportunity to dunk the City Manager; and WHEREAS, the DSA has extended an invitation to participate on July 26, 1997 at the Sturgis Dream Fest to the City Manager; and BE IT RESOLVED, Jerome Kisscorni and Gerry Mayer will take their turn in the dunk tank on July 26, 1997 by action of the Sturgis City Commission on this date of July 9, 1997. Voting yea: Fair, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz that all grant applications be presented before the City Commission for review. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz that the City Attorney prepare the language to amend the City Charter to reflect the majority vote to 2/3 members of the City Commission. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz that the meeting be adjourned. Voting yea: Seven Voting nay: None Absent: Harrison, McCarthy MOTION CARRIED The meeting was adjourned at 8:22 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JULY 23, 1997

WIESLOCH RAUM - CITY HALL 0Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: None Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, July 9, 1997 were approved as presented. Moved by Comm. McCarthy and seconded by Comm. Bir to approve the request of David James, Hospital Chief Executive Officer, to spend $130,000 or the fair market value for equipment for an orthopedic surgeon. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Lutz to approve the request of Bob Probst to implement a fishing program for youths at Camp Fort Hill. The Sturgis Police Department has volunteered to conduct this program. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lutz to deny the request from Todd Krontz, Lewis and Lambright, to move a utility pole at 1114 Walker, which is for sale, at the City=s expense. Discussion followed. Motion was amended by Comm. Harrison and Comm. Lutz to defer the request to the City Staff to research and report back. Voting yea: Eight Voting nay: None Abstain: Fair MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. McCarthy to award the low bid for a Vac-n-Load Leaf Collection System for the Parks Department to Bronsink Equipment Co., Schoolcraft, Michigan in the amount of $6,795.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton that the following resolution be

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adopted: RESOLUTION APPROVING THE ACQUISITION OF A COMPUTER SYSTEM

WHEREAS, the City of Sturgis has identified the need to acquire new utility billing, financial, and accounting software with associated hardware and training services; and WHEREAS, the City Manager has previously directed the City Controller to obtain proposals for such a system; and WHEREAS, the City Controller initially sent requests for proposals to over forty software vendors regarding it=s needs; and WHEREAS, Four (4) proposals were received and reviewed in detail by the City Controller in conjunction with SFT-CompuWorx, the City=s consultant, and Two (2) proposals were identified as being the most appropriate for consideration by the City; and WHEREAS, the City Controller has determined, based on SFT-CompuWorx=s recommendation and lower cost, that the proposal from Harris Computer Systems, Napean, Ontario, at the evaluated price of One Hundred Nineteen Thousand Four Hundred Ninety and 00/100 ($119,490.00) Dollars would be the most appropriate and cost-effective system for acquisition by the City; NOW, THEREFORE, BE IT RESOLVED that the City Controller and City Manager are hereby authorized to enter into a contract with Harris Computer Systems for the supplying of a computer system, per their proposal and addendum, to the City of Sturgis, said contract subject to review and approval by the City Attorney. Voting yea: Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. Lampe and seconded by Comm. Harrison to strike from the Public Hearing the properties on page 2 of the 1997 Sidewalk Special Assessment Roll. Voting yea: Nine Voting nay: None MOTION CARRIED Public Hearing on the 1997 Sidewalk Program Assessment Roll was held. Moved by Comm. Harrison and seconded by Comm. Lutz to create a Special Assessment District on Roll #1 for the 1997 Sidewalk Program with the exception of a change to 1425 E. Hatch (property #75-052-420-033-00). Voting yea:Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Harrison, Mayor Dobberteen Voting nay: None MOTION CARRIED Public Hearing on Midwest Tool and Cutlery request for a $750,000 Loan from the Community Development Block Grant Loan Fund was held. Moved by Comm. McCarthy and seconded by Comm. Lampe to approve the request from Midwest Tool and Cutlery for a $750,000 loan from the Community Development Block Grant Loan Fund. Voting yea: Nine Voting nay: None MOTION

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CARRIED Moved by Comm. Lampe and seconded by Comm. Fair to table the second reading and approval of an ordinance to amend certain sections of Chapter 153: Property Maintenance Code of the Ordinances of the City of Sturgis. Voting yea: Eight Voting nay: McCarthy MOTION CARRIED Suzzette Deaux, Director of Parks and Recreation, presented an updated report on the Terrace and Tree Inventory and Management Plan. Moved by Comm. Bir and seconded by Comm. Lampe that the City send one letter to notify property owners of tree removals. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Bir to appoint Leonard Eishen to fill the vacancy on the EDC Board created by the death of William Stapleton, term to expire in May, 2002. Discussion followed. Moved by Comm. Holsinger and seconded by Comm. Lutz to postpone the motion to appoint a member until the next meeting. Voting yea: Bir, Holsinger, Eaton, Mayor Dobberteen Voting nay: Harrison, Fair, Lampe, Lutz, McCarthy MOTION DENIED Commissioners Harrison and Bir withdrew their motion to appoint Leonard Eishen. Moved by Comm. Harrison and seconded by Comm. Lampe that the EDC remain at nine members and that Mayor John Dobberteen fill the unexpired term of William Stapleton, term to expire in May, 2002. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir to approve the request from the American Heart Association to hold their annual Heart Walk on September 6, 1997 in the City of Sturgis with a police escort. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to appoint Mayor Dobberteen as delegate and Vice-Mayor Bir as alternate delegate to the Michigan Municipal League annual business meeting September 24-26, 1997. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $622,054.79 and the City bills in the amount of $755,195.99 for a total of $1,377,250.78 be paid. Voting yea: Nine Voting nay: None MOTION

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CARRIED Moved by Comm. Harrison and seconded by Comm. Fair that the City hold a dinner meeting with the Sturgis Area Chamber of Commerce on August 20, 1997 at 6:30 p.m. at the Sturges-Young Auditorium. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to set a public hearing date of August 13, 1997 at 7:30 p.m. in the Wiesloch Raum of City Hall to establish Sidewalk Special Assessments for Roll #2 of the 1997 Sidewalk Program. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Harrison and seconded by Comm. Eaton to extend the contract with Bryant Excavating for the 1997 Sidewalk Program. Voting yea: Nine Voting nay: None MOTION CARRIED Comm. Lampe publicly commended Rick Bir, Cemetery Foreman, for the beautiful job he and his employees are doing with the groundskeeping at the City building and in the parks. Moved by Comm. Lampe and seconded by Comm. Lutz that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 10:00 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, AUGUST 13, 1997 WIESLOCH RAUM, CITY HALL

Vice-Mayor Bir called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Holsinger, Eaton, Lutz, McCarthy, Vice-Mayor Bir Commissioners absent: Lampe, Mayor Dobberteen Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting, held on Wednesday, July 23, 1997 were approved as corrected. Joe Haas, President of the Exchange Club, and Earl Arend, of the AKeep Sturgis Beautiful@ program introduced for the first time a non-residential site to be awarded. Jan Hendricks, resident of Sturgis Township, voiced her concerns that the City will install utility poles and lines in the rear of her property. She is requesting the lines be put underground. Moved by Comm. Lutz and seconded by Comm. Eaton to award the low bid to resurface the Sturges-Young Auditorium=s east entrance walls to Jansen Plastering, Sturgis, Michigan, in the amount of $8,360.00. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Lutz to delay action on the bid for equipment for the City Controller=s office until the City Staff can look at equipment of the two (2) submitted bids. Voting yea:Seven Voting nay:None Absent:Lampe, Mayor Dobberteen MOTION CARRIED Public hearing on the 1997 Sidewalk Program Special Assessment Roll #2 was held. Moved by Comm. McCarthy and seconded by Comm. Fair to postpone action until the August 27th meeting as there was not the charter-required number of City Commissioners present to take action. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION

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CARRIED Public hearing on establishing a Special Assessment District for improvements along Merryview Street (street construction, curb, gutter and street lights) was held. Moved by Comm. Harrison and seconded by Comm. Fair to postpone action until the August 27th meeting as there was not the charter-required number of City Commissioners present to take action. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION CARRIED City Attorney Roger Bird presented a report on possible amendments to the City Charter. Moved by Comm. McCarthy and seconded by Comm. Fair to approve the request of Sturgis Police Chief Alli to apply for a ASafe and Sober@ Selective Traffic Enforcement Program (STEP) Grant. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton that the following resolution be adopted and to authorize Vice-Mayor Bir to sign the document:

RESOLUTION TRANSFER OF ROAD JURISDICTION TO THE CITY OF STURGIS

WHEREAS, the Board of County Road Commissioners of the County of St. Joseph wishes to relinquish jurisdiction of Maplecrest Street, from US-12 South to Lockwood Street, a distance of 316', and THEREFORE, BE IT RESOLVED, that the City of Sturgis concurs with said jurisdiction transfer and that a copy of this resolution be sent to the Engineering Services Division of the Michigan Department of Transportation, requesting that the transfer be allowed. Voting yea: Commissioners: Harrison, Fair, Holsinger, Eaton, Lutz, McCarthy, Vice-Mayor Bir Voting nay: None Absent: Commissioner Lampe, Mayor Dobberteen RESOLUTION ADOPTED: AUGUST 13, 1997 Moved by Comm. McCarthy and seconded by Comm. Fair to accept the Planning Board=s recommendation to close the south 130' of Pine Street, south of Griffith Street. Voting yea: McCarthy, Harrison, Fair, Holsinger, Eaton, Lutz, Vice-Mayor Bir Voting nay: None Absent: Lampe, Mayor Dobberteen MOTION CARRIED

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Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $532,841.23 and the City bills in the amount of $1,917,111.35 for a total of $2,449,952.58 be paid. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Holsinger that the following resolution be adopted:

RESOLUTION WHEREAS, the City of Sturgis (ACity@) is a home rule city under the provisions of 1909 P.A. 279, as amended (AAct@); WHEREAS, under the provisions of Section 9(8) of the Act, the City, by resolution, may annex to the City territory located in a township if such territory is vacant, City-owned land adjacent to the City with no one residing on such land; WHEREAS, the City is the fee owner of real property lying within Sherman Township, St. Joseph County, Michigan, which is legally described in following Exhibit A and is depicted in attached Exhibit B (ATerritory@), (said Exhibit B is on file with the City Clerk=s office); WHEREAS, the Territory consists of vacant real property and no one resides in the Territory; WHEREAS, the Territory is adjacent to and is contiguous with the City boundaries as is depicted in attached Exhibit C (which Exhibit C is for the purpose of showing the location of the Territory in relation to the City=s boundaries and adjacent areas and which is not a survey nor meant to be an accurate depiction of the boundaries of the Territory), (said Exhibit C in on file with the City Clerk=s office); WHEREAS, the City desires to annex the Territory into the City so that it may effectively control and govern its property for future use and development. NOW, THEREFORE, BE IT RESOLVED, THAT:

1. The Territory legally described in following Exhibit A and depicted in attached Exhibit B is hereby annexed from Sherman Township, St. Joseph County, Michigan, to the City of Sturgis, St. Joseph County, Michigan, as vacant City-owned territory which is adjacent and contiguous to the City and upon which no one resides.

2. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution, together with all attached Exhibits and such other documents as may be required to evidence the annexation of the Territory fully and accurately, with the Office of the Great Seal, with the County Clerk of St. Joseph County, Michigan, with the Department of Consumer Industry Services, State Boundary Commission and with such other governmental units, departments or agencies as may be appropriate.

3. All resolutions which, in whole or in part, are in conflict with this Resolution are hereby revoked to the extent of any such conflict.

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EXHIBIT A Premises situated in the Township of Sherman, County of St. Joseph, and State of

Michigan, more fully described as follows:

The South half of the Southeast quarter of the Northwest quarter of Section 36, Township 7 South, Range 10 West.

Subject to the rights of the public and of any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes of Highway M-66. Voting yea: Harrison, Fair, Holsinger, Eaton, Lutz, McCarthy, Vice-Mayor Bir Voting nay: None Absent: Lampe, Mayor Dobberteen THE RESOLUTION WAS ADOPTED.

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Moved by Comm. McCarthy and seconded by Comm. Harrison to place on the next agenda the City Attorney to discuss the procedures and rules for suggestions/requests from the floor for items not on the agenda. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Seven Voting nay: None Absent: Lampe, Mayor Dobberteen

MOTION CARRIED The meeting was adjourned at 8:35 p.m. __________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, AUGUST 27, 1997

PRAIRIE/PATRIOT/PIONEER ROOMS STURGES-YOUNG AUDITORIUM

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen. Commissioners absent: None Also present: City Attorney, City Manager, Assistant City Manager, Deputy City Clerk. Minutes of the previous regular meeting held on Wednesday, August 13, 1997 were approved as presented. The Commissioners requested that the City Clerk record visitors names and subject matter of which they are speaking in all future minutes. Newell Franks delivered a heartfelt speech regarding the history of his family and what being a part of the Sturgis community means to them. He presented a deed to the City for a twenty-acre parcel of land located on S. Lakeview Avenue, with the request that it be developed into a park for the children of the community. The graciousness and good-heartedness of Mr. Franks and his family is appreciated by all and will never be forgotten. Mayor Dobberteen thanked Mr. Franks on behalf of the City for all he has done for the good of the community, past and present. Moved by Comm. Holsinger and seconded by Comm. Lampe to authorize the agreement between Newell Franks and the City of Sturgis and to accept his gift of twenty acres of land and to develop it into a park. Voting yea: Nine Voting nay: None MOTION CARRIED Francis Losinski, 809 Nottingham, addressed the Commission and voiced his concerns regarding the Doyle Center spending $40,000 on an additional parking area. Comm. Lampe responded by stating that the funds were budgeted for this project and had been previously approved by the City Commission. City Attorney Roger Bird and City Manager Jerome Kisscorni will look into the steps involved in having the public bring this issue to a ballot, if they so wish, and to contact Mr. Losinski with an answer. Jeanne Blasius, 809 Grand, addressed the Commission and voiced her concerns regarding 18-wheelers using S. Lakeview as an alternate truck route. City Engineer Tom Seymour will research the situation and address the issue at the next regular

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City Commission meeting. Vice-Mayor Bir requested permission to vote on the issue regarding the unborn baby monument in Oaklawn Cemetery, as her husband is a City employee. Moved by Comm. Fair and seconded by Comm. Lutz to allow Vice-Mayor Bir to vote. Voting yea: Seven Voting nay: Lampe Abstaining: Bir MOTION CARRIED Comm. McCarthy requested that the City Attorney clarify the language used in the cemetery lot certificates granted to persons purchasing lots. City Attorney Roger Bird discussed the language and stated that the City Commission had the authority to create and approve the by-laws of the cemetery. However, they must conform with State and Federal laws.

Moved by Comm. McCarthy and seconded by Comm. Fair to approve the request to re-locate the unborn baby monument to the west four (4) feet of Lot #12 and the east four (4) feet of Lot #11 Block GG, that the cost to move the monument be the responsibility of the owner and that the same information received by the City Commission be provided to each member of the Cemetery Board to be delivered to each board member on Thursday, August 28, 1997 by a member of the City Staff. Discussion followed. Mayor Dobberteen opened the meeting to the public. The following citizens spoke to the Commission regarding their views on the monument: Jim Goethals, President of St. Joseph County Right to Life, Cal Richmond, Jr., 205 N. Lakeview, Robert Taylor, 206 North St., Glenda Kraft, 1112 Griffith St., Jeannette Brye, 702 S. Orange St., Debbie Miller, 600 S. Jefferson, Rev. Doug Carr, 312 S. Fourth St., Rev.Victor Hildebrand, 1000 Merribe, Doug Veasy, 69426 White School Rd., Bobbi Ware, 207 Ellerman, Jeanne Blasius, 809 Grand, Mike Anderson, 519 Susan, Jade Kuhl, 31331 E. Fawn River Rd., Rev. Larry Green, 27937 Wait Rd., Rev. Leon Pohl, 402 S. Nottawa St., Jay Lego, 310 S. Monroe, Jennifer Hildebrand, 116 S. Lakeview, Ardythe Foley, 301 E. South St., Tim Tobin (non-resident), Chris McLatcher, 63315 Borgert Rd., Glenn Russell, 1106 Robin Hood Trail, Theresa Sehy, 309 Linda Lane and Caralee Mayer, Chairperson of Cemetery Board. Mayor Dobberteen closed the meeting to public discussion. Further discussion followed by the City Commission. Roll call vote was taken on original motion. Voting yea: McCarthy, Fair, Bir, Eaton, Lutz, Mayor Dobberteen Voting nay: Harrison, Lampe, Holsinger MOTION CARRIED Mayor Dobberteen thanked the Cemetery Board for its hard work involving its decisions. The public expressed its appreciation by a round of applause. Moved by Comm. Lampe and seconded by Comm. Eaton to recess for fifteen minutes. Voting yea: Nine Voting nay: None MOTION CARRIED

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The meeting was recessed at 9:18 p.m. The meeting reconvened at 9:32 p.m. Commissioner Harrison absent. Moved by Comm. Lutz and seconded by Comm. Eaton to award the low bid to Mail Management, Inc., Elkhart, Indiana, for automatic folding, inserting, postage, metering machine and furniture for the City Controller=s office in the amount of $22,495.00. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir to approve the establishment of the 1997 Sidewalk Program Special Assessment Roll #2. Voting yea: Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Mayor Dobberteen Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz to approve the establishment of a special assessment district for improvements along Merryview Street. Voting yea: Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Fair, Mayor Dobberteen Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to consider this the second reading and approval of an ordinance to amend certain sections of Chapter 153: Property Maintenance Code of the Ordinances of the City of Sturgis and to provide for an effective date of October 1, 1997.

AMENDMENT TO STURGIS PROPERTY MAINTENANCE CODE

WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to amend the Property Maintenance Code; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan, ordains: The following sections of Chapter 153: Property Maintenance Code of the Ordinances of the City are hereby amended to read as follows, effective as of October 1, 1997: 153.01 ADOPTION BY REFERENCE. Pursuant to the provisions of Public Act 230 of 1972, as amended and Section 3(k) Public Act 270 of 1909, as amended, the BOCA National Property Maintenance Code, 1996 Edition, as published by the Building Officials and Code Administrators International, Inc., including the Referenced Standards in Chapter 8 attached thereto, is hereby adopted by reference and made a part of this Ordinance as if fully set forth herein, subject to the modifications and amendments as the City of Sturgis may make from time to time. 153.03 AMENDMENTS TO THE BOCA NATIONAL PROPERTY MAINTENANCE

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CODE. The following sections of the BOCA National Property Maintenance Code are amended as follows:... (e) Section PM 107.3 shall be amended to state in its entirety as follows:

PM 107.3 Method of Service: Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by first class mail addressed to the owner at the last known address. Service of such notice in the foregoing manner upon the owner=s responsible local agent shall constitute service of notice upon the owner. (f) Section PM 107.5 shall be amended to state in its entirety as follows:

PM 107.5 Transfer of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. The owner shall provide written notice to the code official at least ten (10) days prior to the sale or transfer of any registered unit providing the name and address of any such purchaser or transferee and the date the sale or transfer is to be completed. (g) Section PM 111.2... (h) Sections PM 112.1-19 shall be added to state in their entirety as follows:

PM 112.2 REGISTRATION TERM AND RENEWAL OF EXISTING RENTAL UNITS:

Property owners shall register any and all rental units within the City, and shall designate a responsible local agent. For all rental units registered in calendar years 1999 and 2000 the registration shall be effective for at least eighteen (18) and not more than thirty (30) months. For all rental units registered in other calendar years the registration shall be effective for at least twenty-four (24) months. It shall be the responsibility of the property owner to re- register said rental unit on the first day of the month immediately preceding the expiration of the registration for each rental unit.

PM 112.3 CHANGE IN REGISTRATION INFORMATION: ... PM 112.4 RE-REGISTRATION: ...

PM 112.5 REGISTRATION OF RENTAL UNITS: An application for registration of a

rental unit shall be made in such form and in accordance with such instructions as may be provided by the City and shall include at least the following information:

(i) The address of the rental unit;

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(ii) The names and addresses of all owners of the rental units; (iii) The names, addresses, and telephone numbers of the persons authorized to collect

rent from the individuals occupying the rental units; (iv) The name, local address, and telephone number of the responsible local agent; (v) The number of rental units in each building; (vi) The authorization appointing a responsible local agent signed by both the owner

and the responsible local agent; and PM 112.6 INACCURATE OR INCOMPLETE REGISTRATION INFORMATION:...

PM 112.7 CERTIFICATE OF COMPLIANCE: (i) REQUIRED. No person shall operate, lease, rent or occupy a rental unit unless

there is a valid certificate of compliance issued by the City in the name of the operator and issued for the specific rental unit. The certificate shall be issued for each building containing a rental unit. The certificate of compliance shall be retained by the owner and a copy shall be given to each lessee. The certificate of compliance shall be issued after registration of the rental unit with the City and after inspection by a person from the City, and shall state that inspection has demonstrated compliance with the provisions of the Ordinance adopted by the City at the time of inspection. A certificate of compliance is valid for a period not less than eighteen (18) nor more than thirty (30) months from its date of issuance and must be renewed in conformity with the registration provisions of this Ordinance.

(ii) PREREQUISITES FOR ISSUANCE: ...

(iii) INSPECTIONS: ...

PM 112.8 REVOCATION OF CERTIFICATE OF COMPLIANCE: ...

PM 112.9 APPEAL OR DENIAL OF REGISTRATION OR REVOCATION OF CERTIFICATE OF COMPLIANCE: ...

PM 112.10 VACATION AND/OR FINE FOR A REVOCATION OF CERTIFICATE: ...

PM 112.11 EXPIRATION OF CERTIFICATE OF COMPLIANCE: A certificate of compliance shall expire on the latest of the following:

(i) The date stated on the certificate; (ii) The repair date stated on any notice to repair issued to the property owner or

responsible local agent; or (iii) Sixty (60) days after such expiration date, it shall be unlawful for any rental unit

to be occupied unless a new certificate of compliance has been issued. A rental unit which has not been previously certified shall be deemed to have an expiration date on the date the responsible local agent is notified to register the rental unit.

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Sixty (60) days after such expiration date, it shall be unlawful for any retail unit to be occupied unless a new certificate of compliance has been issued. A rental unit which has not been previously certified shall be deemed to have an expiration date on the date the responsible local agent is notified to register the rental unit.

PM 112.12 NOTIFICATION OF EXPIRED CERTIFICATE: At least sixty (60) days prior to the expiration date of a certificate of compliance, the City shall notify the registered owner to re-register the rental unit and to arrange for a compliance inspection and shall provide re- registration forms therefor. The property owner shall be responsible for re-registering a rental unit and arranging a compliance inspection prior to the expiration date on the certificate.

PM 112.13 CERTIFICATE OF COMPLIANCE NOT REQUIRED: ...

PM 112.14 BASIS OF INSPECTIONS: ...

PM 112.15 INSPECTION PROCEDURES: ...

PM 112.16 COMPLAINT INITIATED INSPECTIONS: ...

PM 112.17 RE-INSPECTION: ...

PM 112.18 TRANSFER OF OWNERSHIP INSPECTION: ...

PM 112.19 FEES: ... (i) Section PM 302.1 shall be amended to add the following:

RENTAL UNIT. Any residential premises which is let for occupancy or let, as herein defined.

RESPONSIBLE LOCAL AGENT. A person or representative of an individual, a corporation, partnership, firm, joint venture, trust, association, organization or other entity having his, her or its place of residence or business in an area from which the City of Sturgis is accessible by motor vehicle within a period of time not exceeding thirty (30) minutes and designated by the property owner as responsible for operating such property in compliance with all the provisions of the Code adopted by the City. In the event the owner or the designated responsible local agent cannot be reasonably located by the code official, and an emergency situation exists which threatens bodily injury or property damage, then, in such an event and until the owner or designated responsible local agent can be located, the code official shall serve as the responsible local agent. In such an event the owner shall remain liable for any reasonable expenses incurred by the City. All official notices of the City may be served on the responsible local agent, and any notice so served shall be deemed to have been served upon the owner of record. (j) Section PM 304.15 shall be amended as follows:

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PM 304.15 INSECT SCREENS: ... Voting yea: Lampe, Holsinger, Eaton, Lutz, McCarthy, Fair, Bir, Mayor Dobberteen Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. McCarthy to consider this the first reading of an ordinance to amend Articles IV, VI, and XIII of the Zoning Ordinance of the City of Sturgis pertaining to noise, non conforming uses and appeals to the Zoning Board of Appeals and to change the wording in Section 1.0601B (A) from A...should be provided...@ to A...may be required....@ Voting yea: Seven Voting nay: Lampe Absent: Harrison MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to set a public hearing date of September 22nd, at 7:30 p.m. in the Wiesloch Raum, City Hall, to consider vacating and abandoning the South 130' of Pine Street, South of Griffith Street. Voting yea: Seven Voting nay: Lampe Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir to approve the request from the Sturgis Toy Run for support and approval of their annual Toy Run to be held September 6, 1997. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to approve a one-day sale of T-shirts for the Sturgis Toy Run on September 6, 1997. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton to allow the sale of T-shirts for the Sturgis Toy Run without obtaining a Transient Merchant=s License. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to approve the request from the Downtown Development Authority to eliminate the crosswalk on Chicago Road in front of the Corner Cafe. Voting yea: Eaton, Lutz, McCarthy, Bir, Lampe Voting nay: Holsinger, Fair, Mayor Dobberteen Absent: Harrison MOTION CARRIED Moved by Comm.Fair and seconded by Comm. Lutz to accept the resignation of Jerry Mapes from the Sturgis Downtown Development Authority, and that a letter of appreciation be sent. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED

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Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $544,636.35 and the City bills in the amount of $481,430.12 for a total amount of $1,026,066.47 be paid. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED

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Moved by Comm. Holsinger and seconded by Comm. McCarthy to amend the proposed Doyle Community Center rate for a non-resident Gold membership from $750.00 to $875.00. Voting yea: Seven Voting nay: Lampe Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Fair to approve the Doyle Community Center rates as amended. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to approve the increase in the Children=s Playroom fees by $.25 per hour. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Nominations were accepted to fill the unexpired term of Jerry Mapes of the Downtown Development Authority, term to expire in May, 1998. Comm. Holsinger nominated Jeff Brazo. Comm. Eaton nominated Jill Hobson. Moved by Comm. Lampe and seconded by Comm. Lutz to close the nominations. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Voting for Jeff Brazo: McCarthy, Fair, Bir, Holsinger Voting for Jill Hobson: Lutz, Lampe, Eaton, Mayor Dobberteen TIE VOTE Moved by Comm. McCarthy and seconded by Comm. Bir to include this item on the agenda for the next regular meeting to bring the same two names to vote. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Comm. Holsinger requested permission to allow metal scrappers to salvage the metal and City employees seed grass at the Paramount site located on N. Clay and St. Joseph Streets. City Manager Jerome Kisscorni will look into it and report back to the Commissioners. Moved by Comm. Fair and seconded by Comm. Eaton to approve Mayor Dobberteen=s proposal to award Assistant City Manager Gerry Mayer five rounds of golf, with green fees and cart costs included, at a course of his choice (at the City Manager=s discretion), for his bravery in serving time in the Dunk Tank at the Sturgis Dream Fest, which resulted in a broken foot. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED The meeting was adjourned at 10:35 p.m.

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_______________________________ Mary M. Stoddard, Deputy City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, SEPTEMBER 10, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Lampe, Holsinger, Eaton, Bir, Mayor Dobberteen Commissioners absent: Harrison, Lutz, McCarthy Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, August 27, 1997 were approved as corrected. Mike Drumm, Sherman Township Supervisor requested that he be notified of all annexations within his township. Moved by Comm. Lampe and seconded by Comm. Fair that letters of notification be sent to all Township Supervisors regarding annexations within their township. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED County Commissioner Mike Sutter reported that the County Courthouse is now occupied, except for the County Clerk=s office, due to a court reorganization; the EDC group will be meeting on Thursday, October 2 at 3:00 p.m. with Representatives Upton and Oxender present as well as business industrialists, with a reception to follow at 5:00 p.m. He also gave an updated report on the ANo Wrong Door Policy.@ Bob Spencer from Fast Lane Oil Change requested that he be allowed to utilize the City=s water and sewer system for their new car wash. The City Manager recommended that because Bob Spencer of Fast Lane Oil Change had petitioned to annex into the City, he be allowed to hook up to sewer and water. Moved by Comm. Lampe and seconded by Comm. Eaton to follow the City Manager=s recommendation and allow the hook-ups without being annexed into the City. Voting yea:Six Voting nay: None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Fair to award the low bid for a 48 Niche Columbarium for the Cemetery Department to Granit-Bronz, Cold Spring, Minnesota, in the amount of $7,671.00. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED

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Moved by Comm. Lampe and seconded by Comm. Bir to award the low bid for a Tink claw for the Department of Public Works to Hoekstra Truck Equipment, Grand Rapids, Michigan, in the amount of $11,459.00. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Fair to award the low bid for the Parks, Cemetery and Doyle Community Center parking lot paving project for the Engineering Department to Klett Construction, Hartford, Michigan, in the amount of $56,060.00. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Holsinger to award the low bid for three patrol car video systems for the Sturgis Police Department to Kustom Signals, Inc., Lenexa, Kansas, in the amount of $16,935.00. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Mr. and Mrs. Thomas Jensen spoke regarding their concerns with the City=s parking ordinance. Moved by Comm. Holsinger and seconded by Comm. Bir that this be considered the second reading and approval of an ordinance to amend Articles IV, VI and XIII of the Zoning Ordinance of the City of Sturgis pertaining to noise, non-conforming uses and appeals to the Zoning Board of Appeals and to provide for an effective date of November 1, 1997.

AMENDMENT TO ZONING ORDINANCE PERTAINING TO NOISE, NON-CONFORMING USES

AND APPEALS TO THE ZONING BOARD OF APPEALS WHEREAS, the City Commission, upon recommendation from the Planning Board, has determined that it is in the best interest of the residents of the City to modify the Zoning Ordinance with respect to noise in the Manufacturing District, non-conforming uses and appeal procedures to the Zoning Board of Appeals; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Articles IV, VI and XIII are hereby modified as follows effective as of November 1, 1997.

(1) Section 1.0408(D)(5)(e) is hereby modified to read as follows: Noise. The emission of measurable noises from the premises shall not exceed

seventy (70) decibels as measured at the property lines, between the hours of 7:00 a.m. to 10:00 p.m. The measurable noises shall not exceed sixty (60) decibels as measured at the property lines between 10:00 p.m. and 7:00 a.m. Exception. Where normal street traffic noises exceed the established noise levels during such periods, the measurable noise emanating from the premises may equal, but not exceed traffic noises.

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Amend to 1.0601

It is further recognized that certain non conforming uses and structures do not significantly depress the value of nearby properties and are not to be contrary to the public health, safety, and welfare and that such use or structure was lawful at the time of its inception and that no useful purpose would be served by the strict applications or requirements for nonconformities under this ordinance and, therefore, two (2) classes of nonconforming use and structure are designated, being class A and B. Section 1.0601A CLASS A NONCONFORMING USES OR STRUCTURES

Those nonconforming uses or structures which have been so designated by the Planning Board after hearing shall be designated as Class A, providing findings that the following conditions exist with respect to the use or structure:

(A) The use or structure was lawful at its inception. (B) Continuance of the use or structure does not significantly depress property

values of nearby properties. (C) Continuance of the use or structure would not be contrary to the public health,

safety, or welfare or the spirit of the ordinance. (D) No useful purpose would be served by strict application of the provisions of

this ordinance with which the use or structure does not conform. (E) An improvement to an existing nonconforming use will result.

Section 1.0601B CLASS A CONDITIONS

The decision to grant a Class A designation shall be made in writing setting forth the findings and reasons on which it is based. Conditions may be attached, including time limits where deemed necessary to assure the use or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this ordinance and further to assure that at least the following standards are met.

(A) Screening and landscaping should be provided in keeping with community standards to provide compatibility with adjacent uses.

(B) Effects which may have a negative impact such as lighting, noise or visual impact should be minimized.

(C) Where such use is in close proximity to homes, parking should not be permitted to utilize curbside parking to an extent greater than the immediate property frontage of the nonconforming use.

(D) New signage should meet zoning district requirements. Existing nonconforming signs shall be required to be eliminated or reduced in size and number as the planning board may, in its judgment, determine.

(E) The exterior building materials utilized in any alteration to the building shall be harmonious with materials on abutting properties whenever practical.

(F) Enlargement of a building may be allowed provided such enlargement does not create a more nonconforming yard setback condition which would impact on conforming properties in the immediate vicinity.

(G) The planning board may require such other safeguards and improvements as it may deem necessary to protect conforming uses in the surrounding area.

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Once the Planning Board has conducted a hearing and designated a nonconforming use of structure to the person, firm, or partnership requesting the designation, said Class A designation shall be deemed temporary until the Planning Board has received written verification from the Building Department that the party requesting the Class A designation has complied with all of the conditions set forth by the Planning Board.

Once the Planning Board has received written verification from the Building Department that the party requesting the Class A designation has complied with said conditions, the Class A designation shall become final, subject to other provisions of this Ordinance as hereinafter prescribed.

No Class A nonconforming use or structure shall be resumed if it has been discontinued for six (6) consecutive months or eighteen (18) months in any three (3) year period. No Class A nonconforming use or structure shall be used, altered or enlarged in violation of any condition imposed in its designation.

No temporary Class A nonconforming use or structure which has not met with all the conditions set forth by the Planning Board within six (6) months from the date the nonconforming use or structure received a temporary Class A designation shall receive final approval unless a request for extension of time in which the fulfill all of the conditions set forth by the Planning Board is submitted in writing to the Planning Board along with sufficient reasons as to why the temporary Class A designation should be extended.

Upon a showing of good cause the Planning Board may extend the temporary Calls A designation for the nonconforming use or structure for another six (6) months. Section 1.0601C REVOCATION OF CALLS A DESIGNATION

Any Class A designation shall be revoked, following the same procedure required for designation, upon a finding that as a result of any change on conditions or circumstances the use or structure no longer qualifies for Class A designation. Section 1.0601D CLASS B NONCONFORMING USES OR STRUCTURES

All nonconforming uses or structures, not designated Class A, shall be Class B nonconforming uses or structures. Class B nonconforming uses and structures shall comply with all the provisions of this Ordinance relative to nonconforming uses and structures.

3. Section 1.1305 (C) (3) is hereby modified to read as follows: Decisions on appeals and applications. The Zoning Board of Appeals shall render its

decision upon any appeal or application submitted to it within sixty (60) days after the hearing thereon, and in any event, within ninety (90) days after the date of filing of the appeal or application. Upon failure to do so, the appeal or application shall thereupon be deemed

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to be decided adversely to the appellant or applicant in the same manner as though the Board had rendered its decision to that effect. All decisions of the Zoning Board of Appeals shall be come final five (5) days after the date of entry of an order, unless the Board shall find, and so certify on the record, that it is necessary to cause the order to have immediate effect, in order to preserve property or personal rights.

Any matter appealed to the Zoning Board of Appeals under site plan review provisions of this Ordinance (Article XI) for which the Board of Appeals provides for a variance from the Ordinance, the subject site plan shall be referred back to the Planning Board for review as an amended site plan. Voting yea: Fair, Bir, Holsinger, Eaton, Mayor Dobberteen Voting nay: Lampe Absent: Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Bir to refer back to the original resolution to determine membership on the Recreation, Park & Forestry Advisory Board in the bylaws. Discussion followed. Motion was withdrawn. Moved by Comm. Holsinger and seconded by Comm. Bir to approve Article II in the bylaws with the stipulation that Article II membership be in conformity with the orginal resolution which authorized the creation of the board. Voting yea: Bir, Lampe, Holsinger, Eaton, Fair, Mayor Dobberteen Voting nay: None Absent: Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir to approve the request from the Sturgis Area Chamber of Commerce for approval of a one-day liquor license for their annual car raffle to be held on October 18, 1997 at the Sturgis Armory. Voting yea: Fair, Bir, Mayor Dobberteen Voting nay: Lampe, Holsinger, Eaton Absent: Harrison, Lutz, McCarthy TIE VOTE Discussion followed. Moved by Comm. Bir and seconded by Comm. Fair to table this issue until the next regular meeting on September 22, 1997. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Roll call vote was taken to appoint a member to the Downtown Development Authority Board to fill the unexpired term of Jerry Mapes, term to expire in 1998. Voting for Jeff Brazo: Holsinger, Fair, Bir Voting for Jill Hobson: Eaton, Lampe, Mayor Dobberteen Absent: Harrison, Lutz, McCarthy TIE VOTE Item was referred to the next regular meeting to be held on September 22, 1997. Moved by Comm. Lampe and seconded by Comm. Fair to approve the Municipal Trunkline Maintenance contract between the City of Sturgis and the Michigan Department of

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Transportation. RESOLUTION

WHEREAS, the Michigan Department of Transportation has found that contracting with the City of Sturgis for the maintenance of State trunklines within its jurisdiction is in the best public interest; and WHEREAS, Public Act 17 of 1925 authorizes the Michigan Department of Transportation to contract with municipalities for the construction, improvement or maintenance of State trunkline highways. NOW, THEREFORE BE IT RESOLVED that the Municipal trunkline maintenance contract between the Michigan Department of Transportation and the City of Sturgis for the period October 1, 1995 through September 30, 2000 is hereby approved and Ray McKercher is hereby designated as maintenance Superintendent for State trunkline highways within the City of Sturgis. BE IT FURTHER RESOLVED, that the City Manager be designated as the local official authorized to sign said maintenance contract. Voting yea: Eaton, Fair, Bir, Lampe, Holsinger, Mayor Dobberteen Voting nay: None Absent: Harrison, Lutz, McCarthy THE RESOLUTION WAS ADOPTED. Moved by Comm. Lampe and seconded by Comm. Bir to approve the annexation of the proposed AFranks Park@ property (located on South Lakeview St.) into the City of Sturgis and that the following resolution be adopted:

RESOLUTION WHEREAS, the City of Sturgis (ACity@) is a home rule city under the provisions of 1909 P.A. 279, as amended (AAct@); WHEREAS, under the provisions of Section 9(8) of the Act, the City, by resolution, may annex to the City territory located in a township is such territory is vacant, City-owned land adjacent to the City with no one residing on such land; WHEREAS, the City is the fee owner of real property lying within Sturgis Township, St. Joseph County, Michigan, which is legally described in following Exhibit A and is depicted in attached Exhibit B (ATerritory@); WHEREAS, the Territory consists of vacant real property and no one resides in the Territory; WHEREAS, the Territory is adjacent to and is contiguous with the City boundaries as is depicted in Exhibit C (which Exhibit C is for the purpose of showing the location of the Territory in relation to the City=s boundaries and adjacent areas and which is not a survey nor meant to be an accurate depiction of the boundaries of the Territory); WHEREAS, the City desires to annex the Territory into the City so that it may effectively control and govern its property for future use and development. NOW, THEREFORE, BE IT RESOLVED, THAT:

1. The Territory legally described in following Exhibit A and depicted in attached Exhibit B is hereby annexed from Sturgis Township, St. Joseph County, Michigan, to the City of Sturgis, St. Joseph County, Michigan, as vacant City-owned territory which is adjacent and contiguous to the City and upon which no one resides.

2. The City Clerk is hereby authorized and directed to file a certified copy of this

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Resolution, together with all attached Exhibits and such other documents as may be required to evidence the annexation of the Territory fully and accurately, with the Office of the Great Seal, with the County Clerk of St. Joseph County, Michigan, with the Department of Consumer Industry Services, State Boundary Commission and with such other governmental units, departments or agencies as may be appropriate.

3. All resolutions which, in whole or in part, are in conflict with this Resolution are hereby revoked to the extent of any such conflict. Mayor Dobberteen opened the meeting for public discussion. Ron King ( member of the Sturgis Township Board), an attorney representing Sturgis Township, Reb Hambright (Sturgis Township Treasurer), Rachelle Hochstetler and Tina Morency addressed the Commission regarding their concerns with the annexation. Voting yea: Eaton, Fair, Bir, Lampe, Holsinger, Mayor Dobberteen Voting nay: None Absent: Harrison, Lutz, McCarthy THE RESOLUTION WAS ADOPTED. Moved by Comm. Lampe and seconded by Comm. Bir to table the issue of the City Attorney=s recommendation on additional general rules of order for City Commission meetings to the next regular meeting to be held on September 22, 1997. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Bir to reschedule the regular City Commission from Wednesday, September 24 to Monday, September 22, 1997 to allow the City Commissioners to attend the Michigan Municipal League=s Annual Conference. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Director of Industrial Development, Gerry Mayer, presented an updated report regarding the Paramount site. It was proposed to hire an environmental consultant to evaluate the situation. Moved by Comm. Fair and seconded by Comm. Bir to approve the request from the AAmos Sturgis Chapter DAR@ to proclaim the week of September 17th through the 23rd as AConstitution Week.@ Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir to set a public hearing date of September 22, 1997 at 7:30 p.m. in the Wiesloch Raum of City Hall to amend an Industrial Facilities Exemption Certificate for Telemark, Inc. from $750,000 to $950,000. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Eaton that the Hospital bills in the amount of $275,063.79 and the City bills in the amount of $1,231,852.59 for a total of $1,506,916.38 be

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paid. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED

RESOLUTION Moved by Comm. Fair and seconded by Comm. Bir to recess under the Open Meetings Act to discuss Hospital Negotiations. Voting yea: Bir, Lampe, Holsinger, Eaton, Fair, Mayor Dobberteen Voting nay: None Absent: Harrison, Lutz, McCarthy MOTION CARRIED The meeting was recessed at 8:49 p.m. The meeting was reconvened at 9:11 p.m.

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Moved by Comm. Lampe and seconded by Comm. Eaton that the meeting be adjourned. Voting yea:Six Voting nay:None Absent:Harrison, Lutz, McCarthy MOTION CARRIED The meeting was adjourned at 9:11 p.m. ____________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION MONDAY, SEPTEMBER 22, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: None Also present: City Manager, Assistant City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, September 10, 1997 were approved as corrected. Moved by Comm. McCarthy and seconded by Comm. Lutz to award the low bid for two (2) 69kV circuit switches for the Electric Department to S&C Electric, Chicago, Illinois, in the amount of $76,666.34. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Eaton to award the low bid for 1997 Street Improvements for the Engineering Department to Thompson Asphalt Products, Coldwater, Michigan, in the amount of $191,485.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Bir to award the low bid for an environmental investigation of the Paramount site to Earth Resources International, Kalamazoo, Michigan in the amount of $475.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to approve the request from the Sturgis Area Chamber of Commerce for a one (1) day liquor license for their annual car raffle to be held on October 18, 1997 at the Sturgis Armory. Chris Moline, Sturgis Area Chamber of Commerce, informed the City Commission that a designated driver would be available. Voting yea:Harrison, Fair, Bir, Lampe, Holsinger, Lutz, McCarthy, Mayor Dobberteen Voting nay: Eaton MOTION CARRIED Public hearing to amend an Industrial Facilities Exemption Certificate for Telemark, Inc. was held. Moved by Comm. Fair and seconded by Comm. Harrison to amend the Industrial Facilities

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Exemption Certificate awarded to Telemark, Inc. on April 23, 1997 for $750,000.00 to $950,000.00. Voting yea: Nine Voting nay: None MOTION CARRIED Public hearing on vacating 130' of Pine Street, south of Griffith Street was held. Moved by Comm. McCarthy and seconded by Comm. Fair to accept the recommendation of the Planning Board and to vacate 130' of Pine Street, south of Griffith Street and that the following resolution be adopted:

RESOLUTION VACATING A PORTION OF PINE STREET WHEREAS, the City Commission of the City of Sturgis, County of St. Joseph and State of Michigan, the same being the legislative body of the said City of Sturgis, deems it in the best interests of the City of Sturgis that the following portion of street now situate and being within the City of Sturgis be vacated, being a portion of APine Street@, to-wit:

From the south side of Griffith Street to the south line of a parcel of land located in St. Joseph County, Michigan, Section 6, Fawn River Township, in the City of Sturgis, in the Lakeview Manor Subdivision, according to the Plat of record in the Office of the Register of Deeds for St. Joseph County, Michigan, in Liber 3 of Plats on Page 3. More particularly described as follows: Commencing at the northwest corner of Lot 163, Lakeview Manor Subdivision on the south line of Griffith Street which is also the point of beginning; thence South 0 degrees 8 minutes West, 130.69 feet along the west line of Lot 163 to the south line of Lakeview Manor Subdivision; thence North 89 degrees 49 minutes 30 seconds West, 60 feet along the south line of Lakeview Manor Subdivision to the southeast corner of Lot 164, Lakeview Manor Subdivision; thence North 0 degrees 8 minutes East, 130.30 feet along the east line of Lot 164 to the south line of Griffith Street; thence Easterly, 60 feet along the south line of Griffith Street to the point of beginning. 0.18 acres.

and WHEREAS, it being advisable to vacate and abandon the said described property, due notice was published in the Sturgis Journal, a newspaper published and circulated in the City of Sturgis, County of St. Joseph, State of Michigan, as required by law, notifying the public and all interested persons that the City Planning Board would meet and be in session on Tuesday, July 15, 1997, at 7:30 p.m. in the Wiesloch Raum, Sturgis City Hall, to hear and consider objections thereto; and WHEREAS, no one appeared at said meeting to object to the proposed vacation and abandonment and no objections having been filed with the City Clerk; and WHEREAS, the City Commission at its meeting on September 22, 1997, conducted a public hearing with respect to the proposed vacating of said portion of Pine Street, and received no

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objections thereto; NOW, THEREFORE, BE IT RESOLVED, that the above described street be hereby vacated, abolished, abandoned and discontinued, and BE IT FURTHER RESOLVED, that within thirty (30) days from this date, the City Clerk shall forward a certified copy of this resolution to the Treasurer of the State of Michigan, and also a certified copy of this resolution to the Register of Deeds of the County of St. Joseph, State of Michigan, for recording, and that a proper record of this vacation and abandonment be entered into the Book of Plats of the City of Sturgis. Voting yea: Fair, Bir, Eaton, Lutz, McCarthy, Mayor Dobberteen Voting nay: Lampe, Holsinger, Harrison MOTION CARRIED Dave Harvey, Earth Tech, presented an updated report on the Wastewater Treatment Plant renovation and expansion project. Mayor Dobberteen accepted nominations for a member to be appointed to the Downtown Development Authority Board to fill the unexpired term of Jerry Mapes, term to expire in 1998. Comm. Harrison nominated Don Eaton. Comm. Eaton nominated Jill Hobson. Comm. Holsinger nominated Jeff Brazo. Moved by Comm. Fair and seconded by Comm. Lutz to close the nominations. Voting yea: Nine Voting nay: None MOTION CARRIED Roll call vote was taken to appoint a member. Voting for Don Eaton: Harrison Voting for Jill Hobson: Lampe, Eaton, Lutz, Mayor Dobberteen Voting for Jeff Brazo: Bir, Holsinger, McCarthy, Fair Moved by Comm. Holsinger and seconded by Comm. McCarthy to have a run off between the top two nominees. Voting yea: Nine Voting nay: None MOTION CARRIED Voting for Jill Hobson: Lampe, Eaton, Lutz, Mayor Dobberteen Voting for Jeff Brazo: Holsinger, McCarthy, Harrison, Fair, Bir Jeff Brazo was appointed to the Downtown Development Authority Board to fill the unexpired term of Jerry Mapes, term to expire in 1998. Moved by Comm. Fair and seconded by Comm. Lutz to approve the Fiscal Year End Amendments to the 1996-97 Budget as follows: ACCOUNT NUMBER ADJUSTED AMOUNT ADJUSTED BUDGET General Fund 101-101-000-956 (Comm) $ 10,000 $ 42,000 101-210-000-700 (Attorney) 5,000 73,000

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101-215-000-956 (City Clerk) (5,000) 27,100 101-265-000-956 (City Hall) 3,000 38,000 101-223-000-956 (Controller) (3,000) 17,800 101-338-000-702 (Bldg. Inspection) (4,000) 75,400 101-447-000-956 (Engineering) (6,000) 1,500 101-537-000-801 (Airport-Contractual) (5,000) 9,400 101-537-000-930 (Airport) (5,000) 13,000 101-538-000-702 (Parking) 2,000 13,600 101-672-000-700 (Social Services) 10,000 53,250 101-751-000-802 (Summer Recreation) 12,000 183,050 101-890-000-700 (Contingencies) (5,000) 35,000 101-965-000-999.005 (Schools & Recr) (9,000) 71,000 Total Adjustment: General Fund -0- Local Street Fund Expense 203-451-001-956 3,000 130,000 Total Adjustment: Local Street Fund 3,000 Drug Enforcement Fund Expense 213-000-000-956 13,000 28,000 Total Drug Enforcement Fund 13,000 D.D.A. Fund Expense 214-000-000-970 25,000 25,000 Total D.D.A. Fund 25,000 Sturges-Young Auditorium Fund Expense 261-000-000-970 8,000 37,350 Total Auditorium Fund 8,000 Doyle Recreation Center Fund Expense 265-000-000-956 14,000 14,500 Total Doyle Fund 14,000 Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Harrison to approve the request that territory in Sherman Township be annexed into the City of Sturgis and that the following resolution be adopted:

RESOLUTION

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RESOLVED THAT the following described territory in Sherman Township be annexed to the City of Sturgis, Michigan, and that on behalf of the City of Sturgis, Jerome R. Kisscorni, the Sturgis City Manager, is authorized to prepare the necessary and proper petition, including such maps, surveys and other relevant information as may be required by law, to file such petition and documents with the State Boundary Commission and/or any other agency/offices as required by law, and to take all actions necessary and appropriate to accomplish the annexation of the following described territory, including without limitation hiring such professional assistance as may be required.

DESCRIPTION OF TERRITORY TO BE ANNEXED COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 36, T 7 S, R 10 W, ST. JOSEPH COUNTY, MICHIGAN, AND RUNNING THENCE N00104'15"E, ALONG THE NORTH-SOUTH 1/4 LINE OF SAID SECTION, 662.49 FEET; THENCE S89155'15"E 1037.66 FEET TO THE SOUTHWEST CORNER OF AKAY-BEE MANOR NO.2", AS RECORDED IN LIBER 5 OF PLATS ON PAGE 16; THENCE N00100'45"E 123.09 FEET TO THE NORTHWEST CORNER OF LOT 6 OF SAID AKAY-BEE MANOR NO.2"; THENCE S89155'15"E, ALONG THE SOUTH LINE OF DEVONSHIRE DRIVE, 39.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S89155'15"E, ALONG SAID DRIVE, 246.00 FEET; THENCE N00100'45"E, ALONG THE WEST LINE OF AWILSHIRE PARK@ (LIBER 3, PAGE 48) AND AWILSHIRE PARK NO. 1" (LIBER 3, PAGE 94) AND ITS EXTENSION, A DISTANCE OF 1185.45 FEET; THENCE N89155'00"W 150.00 FEET; THENCE S00100'45"W 100.01 FEET TO THE NORTHWEST CORNER OF LOT 18 OF SAID AKAY-BEE MANOR NO.2"; THENCE FOLLOWING THE BOUNDARY OF SAID AKAY-BEE MANOR NO.2" ALONG THE FOLLOWING 8 COURSES; THENCE S00100'45"W 13.45 FEET; THENCE N89155'15"W 66.00 FEET; THENCE SOUTHWESTERLY, ALONG A 29.98 FOOT RADIUS CURVE TO THE RIGHT HAVING AN ARC LENGTH OF 47.095 FEET AND A DELTA ANGLE OF 90100'18" (SAID CURVE BEING SUBTENDED BY A CHORD WHICH BEARS S45102'45"W 42.40 FEET); THENCE S00100'45"W 66.00 FEET; THENCE N89155'15"W 108.00 FEET; THENCE S00100'45"W 910.00 FEET; THENCE S89155'15"E 108.00 FEET; THENCE S00100'45"W 66.00 FEET TO THE POINT OF BEGINNING. CONTAINING 8.685 ACRES, MORE OR LESS, AND INCLUDING LOTS 9 THROUGH 26, INCLUSIVE, OF AKAY-BEE MANOR NO.2", TRACY DRIVE, A PORTION OF DEVONSHIRE DRIVE, AND PART OF THE SOUTHEAST 1/4 OF SAID SECTION 36. Timothy Kidd, 67595 M-66 voiced his disapproval at being annexed into the City. Voting yea: Holsinger, Eaton, Lutz, McCarthy, Harrison, Fair, Bir, Lampe, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. City Engineer Tom Seymour reported on AMiss Dig.@

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Moved by Comm. Lutz and seconded by Comm. Harrison to approve the new Miss Dig Agreement as presented. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $847,018.98 and the City bills in the amount of $778,475.06 for a total of $1,625,494.04 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. McCarthy and seconded by Comm. Bir to proclaim October 5-11, 1997 as American Public Power Week in Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Bir to give $5,000.00 to the St. Joseph County Crime Stoppers to help find Brittney Beers, a six-year-old child who has been missing since September 16, 1997. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to recommend to the Planning Board the creation of an ordinance regarding animal waste. Discussion followed. Motion was withdrawn. Moved by Comm. Lampe and seconded by Comm. Lutz to have the City Attorney prepare an ordinance regarding animal waste and to forward it to the City Commission for approval. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz that the City Staff prepare an agenda to give to the Sturgis Journal as an ad to be published every two weeks before the meeting. Voting yea: Harrison, Lampe, Holsinger Voting nay: Eaton, Lutz, McCarthy, Fair, Bir, Mayor Dobberteen MOTION DENIED Representative Glenn Oxender and Senator Harry Gast will be invited to attend the next City Commission meeting to hear the City=s concerns regarding the issue of Newell taking over Kirsch. Moved by Comm. Lampe and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 8:32 p.m. _________________________

CarolF.Rambadt,CityClerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, OCTOBER 8, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: None Also present: City Manager, Assistant City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Monday, September 22, 1997 were approved. Dick Wenzel, property owner of 203 First Street apartments, voiced his concerns regarding a tree being removed from his property without receiving prior notification from the City. City Manager Jerome Kisscorni will request the City Staff to send letters to the property owners as well as the tenants. City Manager Jerome Kisscorni, Representative Glenn Oxender and Ray Dresser, Jr. (representing the Sturgis Improvement Association) spoke regarding the updated situation of Kirsch. Moved by Comm. Lampe and seconded by Comm. Bir to set October 22, 1997 at 7:30 p.m. in the Wiesloch Raum of City Hall as a public hearing date to consider issuing an Industrial Facilities Exemption Certificate to Midwest Tool and Cutlery Company. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to set October 22, 1997 at 7:30 p.m. in the Wiesloch Raum of City Hall as a public hearing date to consider transferring the Kirsch Division, Cooper Industries, Inc. Industrial Facilities Exemption Certificate to Kirsch Incorporated a Newell Company. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Harrison to set October 22, 1997 at 7:30 p.m. in the Wiesloch Raum of City Hall as a public hearing date to consider issuing an Industrial Facilities Exemption Certificate to Kirsch Incorporated a Newell Company. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. McCarthy to award the low bid for the

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southeast substation modification for the Electric Department to Newkirk Electric, Muskegon, Michigan in the amount of $88,954.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to award the low bid for the AEP Interconnection for Kirsch Plant 2 for the Electric Department to Newkirk Electric, Muskegon, Michigan in the amount of $541,524.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Harrison to award the low bid for two 69kV Circuit Breakers for the Electric Department to Riley, Co., Cedarville, Michigan in the amount of $32,100.00. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Harrison to award the low bid for distribution materials for the Electric Department to Reed City Power Supply, Reed City, Michigan in the amount of $113,535.37. Voting yea: Nine Voting nay: None MOTION CARRIED The presentation on Glen Oaks Community College AUniversity Center@ was omitted from the agenda, as Bill Furr, University Center Director, was not present. Moved by Comm. McCarthy and seconded by Comm. Harrison to adopt the following resolution:

RESOLUTION 97 TO REAFFIRM THE CITY OF STURGIS PROJECT

FERC NO. 2964 IN PROVIDING ELECTRIC SERVICE TO ITS RESIDENTS AND CUSTOMERS

WHEREAS, the Michigan constitution, Article VII, Section 24 provides that a City or Village may acquire, own, or operate, within or without its corporate limits, public service facilities including facilities for supplying light, heat, or power; and WHEREAS, the Home Rule Cities Act, MCLA 117.1 et seq. authorizes a City to acquire, own, purchase, construct or operate any public utility; and WHEREAS, the Michigan Energy Employment Act, MCLA 460.801 et seq. allows a municipality to provide electric service and utilize water resources to provide that service; and WHEREAS, the City Charter provides that the City may acquire, construct, operate and maintain works for the purpose of supplying the City and the inhabitants thereof with gas, electric or other lights; and WHEREAS, the City is granted broad authority to exercise all powers pertaining to municipal corporations necessary or suitable for the maintenance of good government and for the promotion of the welfare and happiness of the City=s residents; and

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WHEREAS, pursuant to the preceding constitutional, statutory and charter provisions, the City has used a hydroelectric dam to assist in providing electric services to its residents and customers; and WHEREAS, the City has previously determined that it was expedient for the City to acquire and use the City of Sturgis Hydroelectric Project (Project FERC No. 2964) to assist in providing electric service to its residents and customers and wishes to reaffirm this determination; and WHEREAS, providing electric service to City residents and customers is a recognized function of good government and promotes the welfare and happiness of the City=s residents. NOW, THEREFORE, BE IT RESOLVED by the City of Sturgis City Commission that in order to continue to provide for the public health and safety of the City=s residents, the City reaffirms that it is expedient and in the best interests of the City and its residents to continue to provide electric service to its residents and customers; and BE IT FURTHER RESOLVED THAT the City=s prior determination to acquire by purchase, and to construct the Sturgis Hydroelectric Project are hereby affirmed; and BE IT FINALLY RESOLVED THAT the City shall continue to utilize the Sturgis Hydroelectric Project to provide electric service to the City, its residents and customers. Voting yea: Lutz, McCarthy, Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. McCarthy and seconded by Comm. Lutz to accept the resignation from Harold Freeland, Jr. from the Sturgis Cemetery Board and to send a letter and certificate of appreciation. Voting yea: Nine Voting nay: None MOTION CARRIED City Librarian Sandy Gerow discussed a portion of the Library Board meeting regarding library fees. Moved by Comm. Lutz and seconded by Comm. Fair to approve the recommendation from the House Relocation Committee to move the house located at 913 W. Chicago Road to a vacant lot situated on Third Street. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to table the City Attorney=s recommendation on modifications to the general rules of order for the City Commission meetings until the first regular meeting in November. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. McCarthy that the following resolution be adopted:

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RESOLUTION UPON review of the proposed Petition for Annexation of territory to the City of Sturgis, including the Part I maps, it is: RESOLVED THAT the following described territory in Sherman Township be annexed to the City of Sturgis, Michigan, and that on behalf of the City of Sturgis, Jerome R. Kisscorni, the Sturgis City Manager, is authorized to prepare the necessary and proper petition, including such maps, surveys and other relevant information as may be required by law, to file such petition and documents with the State Boundary Commission and/or any other agency/offices as required by law, and to take all actions necessary and appropriate to accomplish the annexation of the following described territory, including without limitation hiring such professional assistance as may be required.

DESCRIPTION OF TERRITORY TO BE ANNEXED PARCEL 1 ALL THAT PART OF THE NORTHEAST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 36, T 7 S, R 10 W, SHERMAN TOWNSHIP, ST. JOSEPH COUNTY, MICHIGAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 36 AND RUNNING THENCE S00104'15"W, ALONG THE 1/4 LINE, 2635.30 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S00104'15"W, ALONG SAID 1/4 LINE, 1602.44 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT 5 EXTENDED OF THE RECORDED PLAT OF AKAY-BEE MANOR@ AS RECORDED IN VOL. 5 OF PLATS ON PAGE 01; THENCE S89155'15"E 192.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE N00104'15"E 100.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE N89155'15"W 132.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE N00104'15"E, ALONG THE EAST LINE OF N. NOTTAWA ST., 66.00 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID PLAT; THENCE S89155'15"E 132.00 FEET TO THE SOUTHEAST CORNER OF LOT 4; THENCE N00104'15"E, ALONG THE EAST LINE OF SAID PLAT AND ITS EXTENSION, 425.00 FEET; THENCE S89155'15"E 142.00 FEET; THENCE N00104'15"E 58.09 FEET; THENCE NORTHEASTERLY, ALONG A 116.00 FOOT RADIUS CURVE TO THE RIGHT, AN ARC DISTANCE OF 182.23 FEET (CHORD=N45105'30"E 164.06 FEET); THENCE S89155'15"E 85.48 FEET; THENCE N00100'45"E 143.40 FEET; THENCE S89155'15"E 5.57 FEET; THENCE N00104'15"E ALONG A LINE PARALLEL WITH AND 491 FEET EASTERLY OF SAID 1/4 LINE, 331.71 FEET; THENCE S43140'15"W, ALONG THE NORTH LINE OF AN EASEMENT FOR INGRESS & EGRESS ALONG THE SOUTHERLY 16 FEET OF THE OLD L.S. & M.S. RR AS SAID EASEMENT IS RECORDED IN LIBER 325, PAGE 663 OF RECORDS. A DISTANCE OF 329.11 FEET; THENCE N00104'15"E 600.67 FEET; THENCE N89155'45"W 314.00 FEET TO THE POINT OF BEGINNING. CONTAINING 11.679 ACRES, MORE OR LESS, AND INCLUDING ALL OF LOTS 1 THROUGH 5, INCLUSIVE OF SAID AKAY-BEE MANOR@. PARCEL 2

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ALL THAT PART OF THE SOUTHEAST 1/4 SECTION 36, T 7 S, R 10 W, SHERMAN TOWNSHIP, ST. JOSEPH COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS: LOTS 1 AND 2 OF AJ. CADE ADDITION@ AS RECORDED IN VOL. 2 OF PLATS ON PAGE 84. ALSO ALL THAT PORTION OF NOTTAWA ST. (HIGHWAY M-66) THAT LIES BETWEEN THE WEST LINE OF SAID LOTS AND THE NORTH-SOUTH 1/4 LINE OF SAID SECTION AS BOUNDED BY THE SIDE LINES OF SAID LOTS EXTENDED. CONTAINING 0.541 ACRES, MORE OR LESS. PARCEL 3 ALL THAT PART OF THE SOUTHEAST 1/4 OF SECTION 36, T 7 S, R 10 W, SHERMAN TOWNSHIP, ST. JOSEPH COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS:

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COMMENCING AT THE NORTHEAST CORNER OF LOT 9 OF AJ. CADE ADDITION@ AS RECORDED IN VOL. 2 OF PLATS ON PAGE 84 AND RUNNING THENCE S89155'E, ALONG THE NORTH BOUNDARY OF SAID PLAT, 33.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 165.00 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE N89155W, ALONG THE SOUTH LINE OF SAID SECTION, 109.00 FEET, THENCE NORTH 165.00 FEET, THENCE S89155'E, ALONG THE NORTH LINE OF SAID PLAT, 109.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.413 ACRES, MORE OR LESS, AND INCLUDING THE EAST 10 FEET OF LOT 8, ALL OF LOT 9 AND THE WEST 2 OF THE UNLABELED 66 FOOT STRIP BETWEEN LOTS 9 AND 10 OF SAID PLAT. Voting yea: McCarthy, Harrison, Fair, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen Voting nay: None THE RESOLUTION WAS ADOPTED. Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $380,979.49 and the City bills in the amount of $1,592,205.58 for a total of $1,973,185.07 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton that the City Staff create an ordinance regarding Agang graffiti.@ Discussion followed. Motion was amended to have the City Attorney explore the possibilities of creating an ordinance regarding Agang graffiti.@ Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Lampe to revise the dog ordinance to include all animals. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir to proclaim the week of October 12-18, 1997 as AInvesting in Ability Week.@ Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Fair and seconded by Comm. Bir that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 8:50 p.m.

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_________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, OCTOBER 22, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Fair, Lampe, Holsinger, Eaton, Lutz, McCarthy, Bir, Mayor Dobberteen Commissioners absent: Harrison Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, October 8, 1997 were approved as presented. Bill Furr, Director of Glen Oaks Community College AUniversity Center@ delivered a brief presentation regarding the University Center, how it operates and how it will benefit the community. Moved by Comm. Holsinger and seconded by Comm. Lutz to award the low bid for a one ton pickup truck for the Electric Line Department to Max Larsen Ford, Coldwater, Michigan, in the amount of $23,700.00. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Bir to award the low bid for a 1998 4x4 pickup truck for the Department of Public Works to Gateway Ford, Sturgis, Michigan, in the amount of $20,903.00. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Eaton to award the low bid for four (4) 15kV circuit breakers for the Electric Department for the Franks Avenue Substation to S&C Electric Company, Chicago, Illinois in the amount of $53,552.00. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Public Hearing on issuing an Industrial Facilities Exemption Certificate to Midwest Tool and Cutlery was held. Moved by Comm. Holsinger and seconded by Comm. Lampe that an Industrial Facilities Exemption Certificate not to exceed $2,150,000.00 be awarded to Midwest Tool and Cutlery for a period of twelve (12) years and that the following resolution be adopted:

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RESOLUTION WHEREAS, Midwest Tool and Cutlery Company in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Midwest Tool and Cutlery Company, and WHEREAS, on September 14, 1983 the City Commission established the Industrial Development District for the industrial property of Midwest Tool and Cutlery Company, and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Midwest Tool and Cutlery Company for an AIndustrial Facilities Exemption Certificate@. Voting yea: Eight Voting nay: None Absent: Harrison RESOLUTION ADOPTED Public Hearing on transferring an Industrial Facilities Exemption Certificate from Cooper Industries/Kirsch Division to Kirsch Ind., Inc. a Newell Company was held. Moved by Comm. Lutz and seconded by Comm. Fair that an Industrial Facilities Exemption Certificate not to exceed $3,460,850.00 be transferred to Kirsch Ind., Inc. a Newell Company for a remaining period of 9 years and that the following resolution be adopted:

RESOLUTION WHEREAS, Kirsch Ind., Inc. a Newell Company in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for transferring of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Kirsch Ind., Inc. a Newell Company, and WHEREAS, on September 14, 1977 the City Commission established the Industrial Development District for the industrial property of Kirsch Ind., Inc. a Newell Company, and

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WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on transferring of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the transferring of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a remaining period of 9 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Kirsch Ind., Inc. a Newell Company for an AIndustrial Facilities Exemption Certificate@. Voting yea: Eight Voting nay: None Absent: Harrison RESOLUTION ADOPTED Public hearing on issuing an Industrial Facilities Exemption Certificate to Kirsch Ind., Inc. a Newell Company was held. Moved by Comm. Lampe and seconded by Comm. Holsinger that an Industrial Facilities Exemption Certificate not to exceed $4,705,481.98 be awarded to Kirsch Ind., Inc. a Newell Company for a period of twelve (12) years and that the following resolution be adopted:

RESOLUTION WHEREAS, Kirsch Ind., Inc. a Newell Company in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Kirsch Ind., Inc. a Newell Company, and WHEREAS, on September 14, 1977 the City Commission established the Industrial Development District for the industrial property of Kirsch Ind., Inc. a Newell Company, and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount

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of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Kirsch Ind., Inc. a Newell Company for an AIndustrial Facilities Exemption Certificate@. Voting yea: Eight Voting nay: None Absent: Harrison RESOLUTION ADOPTED David James, Sturgis Hospital Chief Executive Officer, presented the Sturgis Hospital Physician Practice Acquisition. Moved by Comm. McCarthy and seconded by Comm. Bir to authorize the acquisition of the Doctor=s Office practice and enter into a lease or a real estate purchase agreement subject to final negotiation approval by the Hospital Administrator and the City Attorney. Voting yea: Lutz, McCarthy, Fair, Bir, Lampe, Holsinger, Eaton, Mayor Dobberteen Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Lutz to consider this the introduction and first reading of an ordinance to amend Articles IV and X of the Zoning Ordinance of the City of Sturgis pertaining to special land uses in the (B-C) Business Central District and to provide for an effective date. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lampe and seconded by Comm. Eaton to approve the Brownfield Redevelopment Authority By-Laws as presented. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Gerry Mayer, Director of Industrial Development, reported on the Paramount Building site. Mr. Mayer recommended that a Brownfield Redevelopment Plan be created. Comm. McCarthy requested that it go on record that he is against taking any of the taxpayers money to be put towards the Paramount site, as it is State owned property and the State should take care of the funds. Moved by Comm. Lampe to instruct the City Staff to pursue a Brownfield Redevelopment Plan. Motion withdrawn. Moved by Comm. McCarthy and seconded by Comm. Lutz to ask the City Manager and the Mayor to set down with Senator Harry Gast and work out a plan. Voting yea: McCarthy, Fair, Bir, Lampe, Holsinger, Eaton, Lutz, Mayor Dobberteen

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Voting nay: None Absent: Harrison MOTION CARRIED Gerry Mayer, Director of Industrial Development presented an updated report on the Sturgis Newport property. Moved by Comm. Holsinger and seconded by Comm. Bir that the following resolution be adopted:

RESOLUTION UPON review of the proposed Petition for Annexation of territory to the City of Sturgis, including Part I map, it is:

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RESOLVED THAT the following described territory in Sherman Township be annexed to the City of Sturgis, Michigan, and that on behalf of the City of Sturgis, Jerome R. Kisscorni, the Sturgis City Manager, is authorized to prepare the necessary and proper petition, including such maps, surveys and other relevant information as may be required by law, to file such petition and documents with the State Boundary Commission and/or any other agency/offices as required by law, and to take all actions necessary and appropriate to accomplish the annexation of the following described territory, including without limitation hiring such professional assistance as may be required.

DESCRIPTION OF TERRITORY TO BE ANNEXED ALL THAT PART OF THE EAST 2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 36, T 7 S, R 10 W, ST. JOSEPH COUNTY, MICHIGAN, THAT IS NOT PRESENTLY WITHIN THE CORPORATE LIMITS OF THE CITY OF STURGIS, MICHIGAN. CONTAINING IN ALL 5.237 ACRES. Voting yea: Fair, Bir, Lampe, Holsinger, Eaton, Lutz, McCarthy, Mayor Dobberteen Voting nay: None Absent: Harrison RESOLUTION ADOPTED Mike Drumm, Sherman Township Supervisor, stated his concerns regarding the above resolution. Moved by Comm. McCarthy and seconded by Comm. Bir to approve the request from the March of Dimes to hold their annual AWalkAmerica@ event on Sunday, May 3, 1998. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Lutz and seconded by Comm. Fair that the Hospital bills in the amount of $380,979.49 and the City bills in the amount of $1,638,371.72 for a total amount of $2,019,351.21 be paid. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Lutz to appoint Mike McCarthy as a citizen to the Airport Advisory Board. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED Moved by Comm. McCarthy and seconded by Comm. Fair that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Harrison MOTION CARRIED At Mayor Dobberteen=s request, Vice-Mayor Sue Bir adjourned the meeting, her last as a City Official, at 8:48 p.m. _________________________ Carol F. Rambadt, City Clerk

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ORGANIZATIONAL MEETING-STURGIS CITY COMMISSION

MONDAY, NOVEMBER 10, 1997 WIESLOCH RAUM - CITY HALL

The City Clerk called the meeting to order at 8:00 p.m. Commissioners present: Harrison, Kinsey, Dobberteen, Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim Commissioners absent: None Also present: City Manager, City Attorney, Assistant City Manager The results of the November 4, 1997 Sturgis City General Election, as certified by the St. Joseph County Board of Canvassers, was presented by the Clerk to be recorded as follows: OFFICE CANDIDATE 1 2 3 4 AV TOTAL Comm. 1st Pct. Greg Blucker 109 109 Comm. 1st Pct. Walter J. Kinsey, Jr. 235 235 Comm. 1st Pct. Caralee Mayer 137 137 Comm. 2nd Pct. Douglas Baker 29 29 Comm. 2nd Pct. John Hayes 96 96 Comm. 3rd Pct. Cindy Sunday-Horstman 102 102 Comm. 4th Pct. Vickie Chrisman 192 192 Comm. 4th Pct. Duke Lutz 67 67 Comm. At-Large Mary Margaret Eagan 204 48 55 109 416 Comm. At-Large Leon Fraim 267 76 50 140 533 The following received the greatest number of votes and are elected: Walter J. Kinsey, Jr. Commissioner-First Precinct Four year term John L. Hayes Commissioner-Second Precinct Four year term Cindy Sunday-Horstman Commissioner-Third Precinct Four year term Vickie Chrisman Commissioner-Fourth Precinct Four year term Leon Fraim Commissioner-At-Large Two year term The Clerk administered the oath of office to the newly elected Commissioners. Moved by Comm. Dobberteen and seconded by Comm. Harrison to accept the November 4, 1997 City General Election results, as presented. Voting yea: Nine Voting nay: None MOTION CARRIED The Clerk asked for nominations for the office of Mayor. Comm. Harrison nominated Comm. Dobberteen and Comm. Hayes seconded the nomination. Moved by Comm. Eaton and seconded by Comm. Harrison that the nominations be closed and a unanimous ballot be cast for Comm. Dobberteen as Mayor.

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Voting yea: Nine Voting nay: None MOTION CARRIED Comm. John Dobberteen was seated as Mayor of the City of Sturgis. Mayor Dobberteen welcomed Clifford Jeffrey, Sturgis Journal reporter, to the City Commission. Mayor Dobberteen asked for nominations for the office of Vice-Mayor. Comm. Eaton nominated Comm. Holsinger. Comm. Chrisman nominated Comm. Kinsey. Moved by Comm. Harrison and seconded by Comm. Eaton that the nominations be closed. Voting yea: Nine Voting nay: None MOTION CARRIED Voting for Comm. Holsinger: Commissioners Harrison, Hayes, Holsinger, Sunday-Horstman, Eaton, Fraim, Mayor Dobberteen Voting for Comm. Kinsey: Commissioners Kinsey, Chrisman Comm. Holsinger was elected Vice-Mayor of the City of Sturgis. Mayor Dobberteen appointed Commissioners Eaton, Chrisman and Fraim to the Bid Opening Committee, and Comm. Kinsey as alternate. Other appointments by Mayor Dobberteen to committees were as follows: Finance Committee - Comm. Eaton, Fraim and Sunday-Horstman Idle Industrial Buildings Committee - Comm. Holsinger, Fraim, Sunday-Horstman and Kinsey IFEC - Comm. Hayes, Chrisman, Eaton and Holsinger Moved by Comm. Harrison and seconded by Comm. Eaton to appoint Comm. Hayes to the Airport Advisory Committee. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Kinsey and seconded by Comm. Harrison to appoint Comm. Eaton to the Ambulance Committee. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Eaton to appoint Comm. Kinsey to the Auditorium Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Fraim and seconded by Comm. Harrison to appoint Comm. Hayes to the Cemetery Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Eaton to appoint Don Lampe, citizen-at-large, and Comm. Hayes as City Commission Representative to the D.D.A. Board of Directors. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Eaton and seconded by Comm. Kinsey to appoint Mayor Dobberteen to the Doyle Board of Directors. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Kinsey and seconded by Comm. Harrison to appoint Comm. Chrisman to the Hospital Board of Trustees. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Kinsey to appoint Comm. Harrison to the Investment Committee. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Hayes to appoint Comm. Holsinger to the Library Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Eaton to appoint Mayor Dobberteen to the Parks & Recreation Advisory Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Kinsey to appoint Comm. Fraim to the Planning Board. Voting yea: Nine Voting nay: None MOTION CARRIED Mayor Dobberteen appointed himself as Region III Alternate General Assembly Delegate. Mayor Dobberteen appointed himself, Comm. Hayes and Comm. Sunday-Horstman to the Management Audit Committee, which is a new committee. Moved by Comm. Kinsey and seconded by Comm. Chrisman to set the date of January 24, 1998 for the Electric Department Strategic Planning meeting. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Eaton to set the date of February 21, 1998 for the Annual Planning meeting. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Harrison to adopt the established General Rules of Order for Sturgis City Commission meetings. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Harrison and seconded by Comm. Eaton that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 8:22 p.m. _______________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION

WEDNESDAY, NOVEMBER 12, 1997 WIESLOCH RAUM - CITY HALL

Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Kinsey, Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim, Mayor Dobberteen Commissioners absent: None Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the regular meeting held on Wednesday, October 22, 1997 and the Organizational Meeting held on Monday, November 10, 1997 were approved as presented. County Comm. Cameron Brown congratulated the new commissioners on their respective wins. County Comm. Mike Sutter also congratulated the new commissioners. Comm. Sutter gave an updated report regarding an address ordinance, economic development and the No Wrong Door policy. Suzzette Deaux, Director of the Doyle Community Center, spoke regarding her opinion on merging the Sturgis Parks and Recreation Board and the Doyle Board of Directors into one board. Discussion followed. Moved by Comm. Harrison and seconded by Comm. Fraim to table this issue until the next regular meeting. Voting yea: Nine Voting nay: None MOTION CARRIED Mayor Dobberteen thanked Suzzette on behalf of the City for her many years of hard work and dedication while working for the City. Jay Lego, 310 S. Monroe St. presented a petition stating the residents want the right to choose their own trash haulers and do not want the City to select a company for them. According to the City Attorney, the issue would need to be handled at a public hearing. Mr. Lego also voiced his disapproval regarding a barking dog in his neighborhood. City Manager Jerome Kisscorni will check into the situation. Mayor Dobberteen recognized our colleagues from the City of Coldwater. Moved by Comm. Harrison and seconded by Comm. Holsinger that this be considered the second reading and approval of an ordinance to amend Articles IV and X of the Zoning

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Ordinance of the City of Sturgis pertaining to Special Land Uses in the B-C (Business Central District) and to provide for an effective date of January 1, 1998.

AMENDMENT TO ZONING ORDINANCE PERTAINING TO SPECIAL LAND USES IN THE B-C BUSINESS CENTRAL DISTRICT

WHEREAS, the City Commission, upon recommendation from the Planning Board, has determined that it is in the best interest of the residents of the City to modify the Zoning Ordinance with respect to special land uses in the B-C Business Central District; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Articles IV and X are hereby modified as follows effective as of January 1, 1998.

(1) Section 1.0406(B) is hereby modified to read as follows: (B) Permitted uses. The following uses are permitted in the B-C District.

(1) Store for retail sales and retail services. (2) Office buildings, mortuary, studio, bank. (3) Amusement, club, recreation. (4) Laundry and dry cleaning. (5) Printing or publishing. (6) Drink and restaurant establishments. (7) Train, bus, or taxi terminal or dispatching. (8) Institutional or public uses. (9) Essential services.

(10) Hotels, motels. (11) Similar or accessory uses to the above uses on the premises.

(2) Section 1.0406(C) is hereby modified to read as follows:

(C) Special land uses. The following special land uses are permitted in the B-C District, under the conditions of Sections 1.1001 and 1.1003.

(1) Repairs, processing. (2) Murals (3) Apartments above stores.

(3) Section 1.1003 is hereby modified to include new Subsection DD) as follows:

DD) Apartments above the stores. To encourage and provide for the economic vitality of the B-C (Business Central) district, residential occupancy shall be permitted in buildings of two (2) stories in height or greater subject to the following:

(1) No dwelling unit shall occupy any portion of the building at ground level or below ground level. Businesses may occupy any number of total floors.

(2) Such dwellings shall meet all applicable codes and ordinances of the City, County, or State.

(3) Floor plans drawn to scale of all floors to be utilized for dwelling purposes shall be submitted to the Building and Zoning Department.

(4) Approved smoke detectors shall be provided in each dwelling unit and in common hallways and shall be provided as required in the Building Code.

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(5) Emergency egress lighting shall be provided to assure continued

illumination for a duration of not less than one (1) hour in case of emergency or primary power loss in any common hallway area as may be required in the Building Code.

(6) An approved fire extinguisher shall be provided in the common hallway accessible to all occupants as may be required in the Building Code.

(7) In those instances where residential uses are proposed to occupy the same floor as a business use the Planning Board shall review such mixed use and may approve such mixed use based on findings that compatibility of the business with residential occupancy will occur. Such findings may include but are not limited to:

(a) Compatible hours of operation. (b) Noise of operation or occupancy that would be detrimental to

the business operation or vice-versa. (c) Excessive foot traffic.

Voting yea: Kinsey, Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim, Harrison, Mayor Dobberteen Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Fraim that this be considered the introduction and first reading on a request to rezone the north 145.75' of lots 89 and 90 of the Broadus Addition, City of Sturgis, from R-3 (Residential) to B-H (Business Highway). Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Hayes that this be considered the introduction and first reading of an ordinance to amend Title XV of the ordinances of the City of Sturgis to add Chapter 155 pertaining to the regulation of the public right-of-way within the City and to provide for an effective date. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Kinsey and seconded by Comm. Eaton that this be considered the introduction and first reading of an ordinance amending the Sturgis Zoning Code by adding a new Article XIV entitled AWireless Telecommunications Towers and Antennas@; providing definitions, providing for permitted locations, providing conditions for permitted uses, accessory uses, and special uses; providing for permits and lease agreements; providing for repealer; and providing for an effective date. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Sunday-Horstman that this be considered

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the introduction and first reading of an ordinance to amend Title V of the ordinances of the City of Sturgis to add Chapter 54 pertaining to an Ordinance for Telecommunications Franchises and Licenses and to provide for an effective date. Voting yea: Nine Voting nay: None MOTION CARRIED No action was taken on the request to amend Sutton Tool (Community Development Block Grant (CDBG) Revolving Loan Fund Subordination Agreement. Moved by Comm. Harrison and seconded by Comm. Eaton to accept the letter of resignation from Ted Warner from the Zoning Board of Appeals and that a letter of appreciation be sent. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Fraim and seconded by Comm. Eaton to appoint Comm. Kinsey to the St. Joseph County Comprehensive Traffic Safety Commission to replace Mike McCarthy. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Hayes to set December 10, 1997 at 7:30 p.m. in the Wiesloch Raum of City Hall as a public hearing date to consider issuing an Industrial Facilities Exemption Certificate to Lakeland Paper Corporation. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Eaton to refer the request from the Sturgis Public Schools to fence in the playground area in Memorial Park to the Parks and Recreation Board. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Kinsey to table the issue of a sound system until the next regular meeting when a technician will be present. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Kinsey to approve the recommendation to move the November 26th City Commission meeting to Monday, November 24, due to the Thanksgiving Holiday. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Fraim that the City bills in the amount of $2,013,955.14 and the Hospital bills in the amount of $550,941.72 for a total of $2,564,896.86 be paid.

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Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Kinsey to adopt rule #10 of Rules To Govern Debate At A Commission Meeting as presented by City Attorney Roger Bird.

10. A Commissioner may bring before the City Commission any business that he or she feels should be elaborated upon by the Commission. These matters need not be specifically listed on the City Commission Agenda, but formal action on such matters should be deferred until a subsequent City Commission meeting except that immediate action may be taken upon a vote of two-thirds of all members present. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Harrison and seconded by Comm. Eaton to name a City street AMcCarthy Street@ or AMcCarthy Avenue@ at the next opportunity in honor of Mike McCarthy=s twenty four years of service. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Fraim that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:04 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION MONDAY, NOVEMBER 24, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Kinsey, Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim, Mayor Dobberteen Commissioners absent: None Also present: City Manager, City Attorney, Deputy City Clerk Minutes of the previous regular meeting held on Wednesday, November 12, 1997 were approved as presented. Mayor Dobberteen presented awards to Duke Lutz, John Fair, Jr., Don Lampe, Sue Bir and Mike McCarthy, the five former City Commissioners, to express his appreciation for all of their time, hard work and dedication to the community while they served as Commissioners. Former Vice-Mayor Sue Bir received an honorable plaque with a gavel commemorating her eight years of service as well as being the first woman Vice-Mayor and the first woman to preside over a City Commission meeting. Former Commissioner Mike McCarthy also received an honorable plaque commemorating his twenty-four years of service, including the four years he served as Vice-Mayor and two years as Mayor, a framed resolution (as follows) and a street sign, AMcCarthy@, with the promise that it would be used to name a City street at the next available opportunity.

RESOLUTION WHEREAS, Michael McCarthy joined the Sturgis City Commission June 23, 1971 WHEREAS, Michael McCarthy has served as a City Commissioner representing Precinct #1 and the City at large for twenty-four years WHEREAS, during that time he served and continues to serve on several City Boards and Committees WHEREAS, during that time he also served four years as Vice-Mayor and two years as Mayor WHEREAS, Michael McCarthy continues to uphold a high standard of community service THEREFORE, BE IT RESOLVED, the City of Sturgis is grateful for the many years of service given by Michael McCarthy. AND BE IT FURTHER RESOLVED, that a street be named McCarthy at the next opportunity in honor of Michael McCarthy for the many years of service to the residents of the City of Sturgis.

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Max Krueger, Integrated Media Group, Inc., was present to discuss and answer questions on the proposed sound system for the Wiesloch Raum. Moved by Comm. Harrison and seconded by Comm. Fraim that this be considered the final reading to rezone the North 145.75' of lots 89 and 90 of the Broadus Addition, City of Sturgis, from R-3 (Residential) to B-H (Business Highway) and to provide for an effective date of January 1, 1998. Tax number 75-052-090-089-00 and tax number 75-052-090-090-00. Voting yea: Kinsey, Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim, Harrison, Mayor Dobberteen Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Eaton that this be considered the final reading to amend Title XV of the ordinances of the City of Sturgis to add Chapter 155 pertaining to the regulation of the public right-of-way within the City and to provide for an effective date of January 1, 1998. WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to regulate the public right-of-way; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan, ordains: TITLE XV, CHAPTER 155: PUBLIC RIGHT-OF-WAY is hereby added to the Ordinances of the City of Sturgis to provide as follows effective as of January 1, 1998:

CHAPTER 155: PUBLIC RIGHT-OF-WAY Section 155.01 Definitions

1. ASuperintendent@ means the superintendent of the Street Department or his designated representative.

2. ACity Engineer@ means the City Engineer or his designated representative. 3. AStreet@ means the paved or designated area for vehicular travel within the right

of way. 4. ARight-of-Way@ (R.O.W.) means the land owned or controlled by the City, or

other governmental agency or entity that has been designated for public use which shall include but not be limited to streets, curbs, sidewalks, shoulders, utilities, landscape areas and other public uses.

5. AFacility@ means any man-made objects. Section 155.02 Damage and Obstruction Prohibited

No person shall make an excavation, fill in, or cause any damage to any R.O.W. in the City except under the conditions and in the manner permitted in this Chapter. No person shall place any article, thing or obstruction in the R.O.W. except under the conditions used in the manner permitted in this Chapter. This provision shall not prohibit temporary obstructions as incidental to the expeditious movement of articles and things to and from abutting premises, nor to the lawful parking of vehicles within the part of the street reserved for vehicular traffic.

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Section 155.03 Permits Where permits are authorized in this Chapter, they shall be obtained upon application to

the City Engineer upon such forms as he shall prescribe. Permit fees will be established by the City Manager. Such permit shall be revocable by the City Engineer for failure to comply with this Chapter, rules and regulations adopted pursuant hereto, or the lawful orders of the City Engineer or the duly authorized representative, and shall be valid only for the period of time endorsed thereon.

Application for a permit under the provisions of this Chapter is an agreement by the applicant to promptly complete the work permitted, observe all pertinent laws and regulations of the City, repair all damage done to the street surface and installations on, over, or within such street, including trees, and protect and save harmless the City from all damages or actions at law that may arise or may be brought on account of injury to person or property resulting from the work done under the permit or in connection therewith. Where liability insurance policies are required to be filed in making application for a permit, they shall be for the amounts established by the City Manager. When liability insurance is required a properly executed certificate of insurance containing evidence that the pertinent policy of insurance or endorsement applies to the provisions under which the permit is issued, approved as to form by the City Attorney, shall be filed with the City Clerk.

Where cash deposits are required with the application for any permit, each deposit shall be in the amount as determined by the City Engineer, and the deposit shall be used to defray all expenses to the City arising out of the granting of the permit and work done under or in connection with the permit. Six (6) months after acceptance by the City Engineer of the work done under the permit, any balance of each cash deposit unexpended shall be refunded. In any case, where the deposit does not cover all costs and expenses of the City, the deficit shall be paid by the applicant. Section 155.04 R.O.W. Operations

No person, public utility company, franchisee or licensee shall conduct any construction, repair or maintenance operations in the R.O.W. without first obtaining a written permit or annual permit from the City Engineer. No permit shall be granted until the applicant has filed a liability insurance policy as required by this Chapter and posted a cash deposit to defray the cost of repairing all damage done to the street surface and installation on, over, or within the street, as estimated by the City Engineer. A permit shall expire after 30 days or the date specified on the permit unless work has commenced on the project covered by the permit.

Annual permits may be issued for emergency repairs, maintenance, small alterations and small service connections, at the discretion of the City Engineer, with permit fees, cash deposits and liability insurance policies in amounts established by the City Manger.

Permits for excavation of less than six inches are not required if located outside of the street and are for the purpose of restoration and/or repair to landscaping or irrigation systems.

Routine operations conducted by a public utility company, franchisee, or licensee will not require a permit if no excavation is made in the right-of-way. Section 155.05 Emergency Operations

Permits are not required for emergency work, provided that an annual permit has been obtained and that the City Engineer is notified of the location and nature of the emergency work

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on the following business day and the provisions of this Chapter will be complied with. However, the City Engineer will review each emergency operation to assure such operations are not casual. Upon such review, the City Engineer may require a public utility, franchisee or licensee to get verbal permission or obtain a permit before doing any work in a right-of-way if the City Engineer finds that use of this section is not being used for bona fide emergencies. Section 155.06 Backfilling

All trenches in a public R.O.W., except by special permission, shall be backfilled in accordance with regulations adopted pursuant to this Chapter. Any settlement shall be corrected within eight (8) hours after notification to do so. Section 155.07 Underground Structures

All new or upgrade underground structures located within the public R.O.W. shall conform to the City Engineering Design Standards and Specifications or to the standards and specifications prescribed or approved by the City Engineer. Section 155.08 Utility Poles and Structures

When utility poles, overhead equipment and structures are permitted to be placed in the public R.O.W., placement shall be as prescribed by the City Engineer. Such poles, overhead equipment and structures shall be removed, relocated or placed underground as the City Engineer shall direct when such facilities need to be relocated as a result of new road construction, road widening or other similar projects. Section 155.09 Mailbox Supports

Mailbox supports may be placed in the R.O.W. and shall not be considered obstructions unless any portion of the mailbox or mailbox support extends over any portion of the traveled street or curb. If any portion of a mailbox or mailbox support extends over the traveled street or curb, the mailbox or mailbox support shall be considered an obstruction and prohibited under Section 155.02 of this Chapter. Section 155.10 Maintenance of Facilities in Public R.O.W.

Every owner of, and every person in control of, any facility located in the public R.O.W. shall maintain the facility in good repair and condition at all times and shall indemnify and save harmless the City against all damages or actions of law that may arise or be brought by reason of such facility being located and operated within public right-of-way. Section 155.11 R.O.W. Improvements

Whenever the City decides to make improvements to the R.O.W. involving the relocation of facilities belonging to public utilities, licensees or franchisees, the City Engineer shall, not less than 120 days prior to the commencement of construction, serve notice upon all public utilities, licensees, and franchisees requiring them to install or relocate all necessary underground work in advance of the R.O.W. improvement. Section 155.12 Prohibited Openings or Excavations

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No permit to make any opening or excavation in or under a paved street, except for emergency repairs indicated in Section 155.05, shall be granted to any person within a period of two (2) years after the completion of the paving or resurfacing. If a street opening is necessary as a public safety measure, the City Engineer may suspend the operation of this section, as to such street opening. Section 155.13 Utility Placement Zone

A designated zone for the placement of new or relocated underground facilities, such as gas, electric, communication and other franchised or licensed facilities, shall be determined by the City Engineer. This area shall be a nine (9) foot horizontally measured space at the outside edge of the right-of-way. This zone shall not be located on the side of the street where a water main is situated. If water mains are on both sides of the street, the south or east side of the street is to be used. If due to technical reasons the south or east side cannot be used nor is the placement zone practical, the placement shall be at the discretion of the City Engineer. In all cases the utilities are to be placed within the designated zone unless authorized by the City Engineer. The City Engineer shall expand the utility placement zone, when necessary, to provide adequate space for placement. Utilities constructed of non-metallic material are required to have a traceable metallic wrap or accompanying wire for the purpose of tracing and locating with conventional locating equipment.

When placed in the R.O.W., utilities or other franchised or licensed facilities constructed of material susceptible to breakage (i.e. fiber optic, wire, plastic line) must be encased in a protective plastic conduit, when determined by the City Engineer. Plastic gas lines are excluded from the requirement for a protective plastic conduit.

Except for emergency repairs indicated in Section 155.05 of this Chapter, no opening for excavation may take place in the utility placement zone for a period of eighteen (18) months following construction of new pavement or new utility in the zone. The City Manager may waive this time period if in his opinion it is in the best interest of the City. Section 155.14 Road Oiling and Dust Control

No person shall apply any liquid dust control material or other liquid surface treatment to any street without first obtaining a permit for said work as required by this Chapter. Section 155.15 Obstructions

No person shall occupy any R.O.W. with any materials or machinery incidental to the construction, maintenance, demolition or repair of any facilities adjacent to the R.O.W., or for any other purpose, without first obtaining a permit or an annual permit from the City Engineer and posting a cash deposit and filing an insurance policy as required by this Chapter. Section 155.16 Pedestrian Passage

At least five (5) feet of sidewalk space shall be kept clean and clear for the free passage of pedestrians and if the operations are such that free passageway is impracticable, a temporary plank sidewalk, meeting the approval of the City Engineer shall be provided around such obstruction. Section 155.17 Safeguards

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All temporary openings, excavations and obstructions located in a street or within twelve (12) feet of a street shall be provided with traffic control devices in conformance with the Michigan Manual of Uniform Traffic Control Devices. All temporary openings, excavations and obstructions located in a sidewalk or driveway approach shall be surrounded with lighted barricades. All unattended openings and excavations, located anywhere in public R.O.W., greater than five (5) feet in depth shall be completely surrounded by fencing, securely mounted in place as directed by the City Engineer. Section 155.18 Shoring Excavations

All openings and excavations shall, where necessary, be properly and substantially sheeted and braced as a safeguard to workmen and to prevent cave-ins or washouts which may injure the thoroughfare or sub-surface structure of the street. Section 155.19 Unloading Construction Equipment

No person shall unload from any vehicle or trailer any power shovel, ditchdigger, trencher, bulldozer, tractor, or any similar construction or excavating equipment having a weight of one ton or more or which moves about by any means other than rubber tires, onto or upon any hard-surfaced street without first obtaining a permit therefor from the Superintendent and posting a cash deposit. Such deposit shall be available for the repair and reconstruction of any street or its appurtenances damaged as a result of the permitted operation. Section 155.20 Additional Regulations

The City Manager may make additional regulations pertaining to openings and excavations in the streets, curb cuts, street obstructions, and housemoving, which shall be subject to the approval of the City Commission. Section 155.21 Removal of Encroachment

Encroachments and obstructions in the R.O.W. may be moved and excavations refilled by the City. The expense of such removal or refilling shall be charged to the abutting land owner when made or permitted by them or suffered to remain by them, otherwise than in accordance with the terms and conditions of this Chapter. Section 155.22 Temporary R.O.W. Closings

The Superintendent shall have authority to temporarily close any portion of the R.O.W., when any portion is deemed to be unsafe or temporarily unsuitable for use for any reason. The Superintendent shall cause suitable barriers and signs to be erected in R.O.W. the indicating that any portion of the R.O.W. is closed to public travel. When any street or portion shall have been closed to public travel, no person shall drive any vehicle upon or over the R.O.W., or portion, except as the same may be necessary incidentally to any street repair or construction work being done in the area closed to public travel. No person shall move or interfere with any sign or barrier erected pursuant to this section without authority from the Director. Voting yea: Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim, Harrison,

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Kinsey, Mayor Dobberteen Voting nay: None MOTION CARRIED Moved by Comm. Kinsey and seconded by Comm. Eaton to consider this the second reading and approval of an ordinance amending the Sturgis Zoning Code by adding a new Article XIV entitled AWireless Telecommunications Towers and Antennas@; providing definitions; providing for permitted locations; providing conditions for permitted uses, accessory uses, and special uses; providing for permits and lease agreements; providing for severability; providing for repealer; and to provide for an effective date of January 1, 1998.

ARTICLE XIV WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS

WHEREAS, the City of Sturgis has received or expects to receive requests to site wireless communications towers and antennas within the municipal boundaries; and

WHEREAS, the City of Sturgis finds that it is in the public interest to permit the siting of wireless communications towers and antennas within the municipal boundaries, and

WHEREAS, it is the intent of the City of Sturgis to permit the siting of wireless communications towers and antennas within the municipal boundaries; and

WHEREAS, it is the intent of the City of Sturgis to protect and promote the public health, safety and welfare by regulating the siting of wireless communications towers and antennas,

NOW, THEREFORE, THE CITY OF STURGIS, ST. JOSEPH COUNTY, MICHIGAN, ORDAINS: 1.1401 Purpose. The purpose of this ordinance is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the City of Sturgis shall give due consideration to its master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

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1.1402 Definitions. As used in this ordinance, the following terms shall have the meanings set forth below:

(a) "Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

(b) "Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

(c) "Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

(d) "FAA" means the Federal Aviation Administration. (e) "FCC" means the Federal Communications Commission. (f) "Height" means, when referring to a tower or other structure, the distance

measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

(g) "Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

(h) "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

1.1403 Applicability.

(a) New Towers and Antennas. All new towers or antennas in the City of Sturgis shall be subject to these regulations, except as provided in Sections 3(b) through (d), inclusive.

(b) Amateur Radio Station Operators/Receive Only Antennas. This ordinance shall not govern any tower, or the installation of any antenna, that is under seventy (70) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(c) Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of Sections 4(f) and 4(g).

(d) AM Array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the

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outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

1.1404.General Requirements.

(a) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b) Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(c) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Building Department an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Sturgis or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Building Department may share such information with other applicants applying for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the City of Sturgis, provided, however that the Building Department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(d) Aesthetics. Towers and antennas shall meet the following requirements: (1) Towers shall either maintain a galvanized steel finish or, subject to any

applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with , the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(e) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(f) State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this ordinance shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective

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date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(g) Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City of Sturgis concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner=s expense.

(h) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Sturgis irrespective of municipal and county jurisdictional boundaries.

(i) Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(j) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Sturgis have been obtained and shall file a copy of all required franchises with the Building Department.

(k) Public Notice. For purposes of this ordinance, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Section 7(b)(5)(ii), Table 2, in addition to any notice otherwise required by the Zoning Ordinance.

(l) Signs. No signs shall be allowed on an antenna or tower. (m) Buildings and Support Equipment. Buildings and support equipment

associated with antennas or towers shall comply with the requirements of Section 8.

(n) Multiple Antenna/Tower Plan. The City of Sturgis encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

1.1405 Permitted Uses.

(a) General. The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit.

(b) Permitted Uses. The following uses are specifically permitted:

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(1) Antennas or towers located on property owned, leased, or otherwise controlled by the City of Sturgis provided a license or lease authorizing such antenna or tower has been approved by the City of Sturgis.

1.1406 Administratively Approved Uses.

(a) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas. (1) The Building Department may administratively approve the uses listed in

this Section. (2) Each applicant for administrative approval shall apply to the Building

Department providing the information set forth in Sections 7(b)(1) and 7(b)(3) of this ordinance and a nonrefundable fee as established by resolution of the Sturgis City Commission to reimburse the City of Sturgis for the costs of reviewing the application.

(3) The Building Department shall review the application for administrative approval and determine if the proposed use complies with Sections 4, 7(b)(4) and 7(b)(5) of this ordinance.

(4) The Building Department shall respond to each such application within sixty (60) days after receiving it by either approving or denying the application. If the Building Department fails to respond to the applicant within said sixty (60) days, then the application shall be deemed to be approved.

(5) In connection with any such administrative approval, the Building Department may, in order to encourage shared use, administratively waive any zoning district setback requirements in Section 7(b)(4) or separation distances between towers in Section 7(b)(5) by up to fifty percent (50%).

(6) In connection with any such administrative approval, the Building Department may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(7) If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to Section 7 prior to filing any appeal that may be available under the Zoning Ordinance.

(b) List of Administratively Approved Uses. The following uses may be approved by the Building Department after conducting an administrative review: (1) Locating a tower or antenna, including the placement of additional

buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or heavy commercial zoning district.

(2) Locating antennas on existing structures or towers consistent with the terms of subsections (a) and (b) below. (a) Antennas on existing structures. Any antenna which is not

attached to a tower may be approved by the Building Department as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight or more dwelling units, provided:

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(i) The antenna does not extend more than thirty (30) feet above the highest point of the structure;

(ii) The antenna complies with all applicable FCC and FAA regulations; and

(iii) The antenna complies with all applicable building codes. (b) Antennas on existing towers. An antenna which is attached to an

existing tower may be approved by the Building Department and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: (i) A tower which is modified or reconstructed to

accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Building Department allows reconstruction as a monopole.

(ii) Height (a) An existing tower may be modified or rebuilt to a

taller height, not to exceed thirty (30) feet over the tower=s existing height, to accommodate the collocation of an additional antenna.

(b) The height change referred to in subsection (iii)(a) may only occur one time per communication tower.

(c) The additional height referred to in subsection (iii)(a) shall not require an additional distance separation as set forth in Section 7. The tower=s premodification height shall be used to calculate such distance separations.

(iii) Onsite location (a) A tower which is being rebuilt to accommodate the

collocation of an additional antenna may be moved onsite within fifty (50) feet of its existing location.

(b) After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

(c) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to section 7(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Section 7(b)(5).

(d) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Section 7(b)(5) shall only be permitted when

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approved by the Building Department. (3) New towers in non-residential zoning districts. Locating any new tower in

a non-residential zoning district other than industrial or heavy commercial, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Building Department concludes the tower is in conformity with the goals set forth in Section 1 and the requirements of Section 4; the tower meets the setback requirements in Section 7(b)(4) and separation distances in Section 7(b)(5); and the tower meets the following height and usage criteria: (i) for a single user, up to ninety (90) feet in height; (ii) for two users, up to one hundred twenty (120) feet in height; and (iii) for three or more users, up to one hundred fifty (150) feet in

height. (4) Locating any alternative tower structure in a zoning district other than

industrial or heavy commercial that in the judgment of the Building Department is in conformity with the goals set forth in Section 1 of this ordinance.

(5) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

1.1407 Special Use Permits.

(a) General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Planning Board: (1) If the tower or antenna is not a permitted use under Section 5 of this

ordinance or permitted to be approved administratively pursuant to Section 6 of this ordinance, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2) Applications for special use permits under this Section shall be subject to the procedures and requirements of Article X of the Zoning Ordinance, except as modified in this Section.

(3) In granting a special use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(4) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(5) An applicant for a special use permit shall submit the information described in this Section and a non-refundable fee as established by resolution of the Sturgis City Commission to reimburse the City of Sturgis for the costs of reviewing the application.

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(b) Towers.

(1) Information required. In addition to any information required for applications for special use permits pursuant to Article X of the Zoning Ordinance, applicants for a special use permit for a tower shall submit the following information: (i) A scaled site plan clearly indicating the location,

type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Section 7(b)(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Building Department to be necessary to assess compliance with this ordinance.

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

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

(iv) The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 4(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

(v) A landscape plan showing specific landscape materials.

(vi) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(vii) A description of compliance with Sections 4(c), (d), (e), (f), (g), (j), (l), and (m), 7(b)(4), 7(b)(5) and all applicable federal, state or local laws.

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

(ix) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(x) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the

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services to be provided through the use of the proposed new tower.

(xi) A description of the feasible location(s) of future towers or antennas within the City of Sturgis based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(2) Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for consideration of special use permit applications pursuant to Article X of the Zoning Ordinance, the Planning Board shall consider the following factors in determining whether to issue a special use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this ordinance are better served thereby: (i) Height of the proposed tower; (ii) Proximity of the tower to residential structures and

residential district boundaries; (iii) Nature of uses on adjacent and nearby properties; (iv) Surrounding topography; (v) Surrounding tree coverage and foliage; (vi) Design of the tower, with particular reference to

design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(vii) Proposed ingress and egress; and (viii) Availability of suitable existing towers, other

structures, or alternative technologies not requiring the use of towers or structures, as discussed in Section 7(b)(3) of this ordinance.

(3) Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's a proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following: (i) No existing towers or structures are located within

the geographic area which meet applicant's engineering requirements.

(ii) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(iii) Existing towers or structures do not have sufficient

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structural strength to support applicant's proposed antenna and related equipment.

(iv) The applicant's proposed antenna would cause

electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(v) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(vi) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(vii) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(4) Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this ordinance would be better served thereby: (i) Towers must be set back a distance equal to at least seventy-five

percent (75%) of the height of the tower from any adjoining lot line.

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

(5) Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this ordinance would be better served thereby. (i) Separation from off-site uses/designated areas.

(a) Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

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

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Table 1:

Off-site Use/Designated Area Separation Distance Single-family or duplex residential units1

200 feet or 300% height of tower whichever is greater

Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired

200 feet or 300% height of tower2 whichever is greater

Vacant unplatted residentially zoned lands3


Existing multi-family residential units greater than duplex units


Non-residentially zoned lands or non-residential uses

None; only setbacks apply

1Includes modular homes and mobile homes used for living purposes. 2Separation measured from base of tower to closest building setback line. 3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

(ii) Separation distances between towers. (a) Separation distances between towers shall be applicable for

and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

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(2) Table 2:

Existing Towers - Types

Lattice

Guyed

Monopole 75 Ft in Height or Greater

Monopole Less Than 75 Ft in Height

Lattice

5000

5000

1,500

750

Guyed

5000

5000

1,500

750

Monopole 75 Ft in Height or Greater

1,500

1500

1,500

750

Monopole Less Than 75 Ft in Height

750

750

750

750

(6) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Board may waive such requirements, as it deems appropriate.

(7) Landscaping. The following requirements shall govern the landscaping

surrounding towers for which a special use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this ordinance would be better served thereby. (i) Tower facilities shall be landscaped with a buffer of plant materials

that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four (4) feet wide outside the perimeter of the compound.

(ii) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(iii) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the

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property perimeter may be sufficient buffer. 1.1408 Buildings or Other Equipment Storage.

(a) Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following: (1) The cabinet or structure shall not contain more than 175 square feet of

gross floor area or be more than 14 feet in height. In addition, for buildings and structures which are less than sixty-five (65) feet in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 8 feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10 percent of the roof area.

(3) Equipment storage buildings or cabinets shall comply with all applicable building codes.

(b) Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following: (1) In residential districts, the equipment cabinet or structure may be located:

(i) In a front or side yard provided the cabinet or structure is no greater than 3 feet in height or 16 square feet of gross floor area and the cabinet/structure is located a minimum of 3 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.

(ii) In a rear yard, provided the cabinet or structure is no greater than 4 feet in height or 25 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches.

(2) In commercial or industrial districts the equipment cabinet or structure shall be no greater than 14 feet in height or 175 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 6 feet in height or an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least 36 inches.

(c) Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 175 square feet of gross floor area or be more than 14 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(d) Modification of Building Size Requirements. The requirements of Sections

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8(a) through (c) may be modified by the Building Department in the case of administratively approved uses or by the Planning Board in the case of uses permitted by special use to encourage collocation.

1.1409 Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City of Sturgis notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. 1.410 Nonconforming Uses.

(a) Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a nonconforming use or structure.

(b) Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this ordinance.

(c) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Sections 7(b)(4) and 7(b)(5). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 9.

1.411 Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. 1.412 Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 1.413 Effective Date. This Ordinance shall take effect January 1, 1998. Voting yea: Holsinger, Sunday-Horstman, Eaton, Chrisman, Fraim, Harrison, Kinsey, Hayes, Mayor Dobberteen Voting nay: None MOTION CARRIED

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Moved by Comm. Eaton and seconded by Comm. Sunday-Horstman that this be considered the final reading to amend Title V of the ordinances of the City of Sturgis to add Chapter 54 pertaining to an ordinance for Telecommunications Franchises and Licenses and to provide for an effective date of January 1, 1998. WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to create an ordinance regulating the issuance of telecommunications franchises and licenses within the City; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: TITLE V, CHAPTER 54: TELECOMMUNICATIONS FRANCHISES AND LICENSES, is hereby added to the ordinances of the City of Sturgis to provide as follows effective as of January 1, 1998:

CHAPTER 54: TELECOMMUNICATIONS FRANCHISES AND LICENSES.

Section 54.01 Legislative Findings. The City of Sturgis has the authority to grant licenses and franchises for

telecommunication systems offering public or private line video, data or voice services using or crossing a street, highway, rights-of-way or easements in the City. This Ordinance is intended to minimize the disruption to those who seek to construct a telecommunication system to cooperate in the construction and the restoration of streets, highways, rights-of-way and easements of both overhead and underground lines. The City finds that it has too many unsightly overhead lines and poles in some sections of the City. They are proliferating, adversely affecting the public safety, detracting from property values and reaching maximum safe capacity of poles and underground spaces. The City further finds that public health, safety and welfare is better served by requiring installation of new utility lines and wires in underground conduit wherever practical. Section 54.02 Purpose.

The purpose of this ordinance is to regulate the granting of licenses and franchises for telecommunication systems other than cable television systems. Section 54.03 Definitions.

Unless the context specifically indicates otherwise, the meaning of the terms used in this Ordinance shall be as follows:

(1) City means the City of Sturgis, Michigan. (2) Telecommunication Services include regulated and unregulated services offering

to customers the transmission of 2-way interactive communication and associated usage.

(3) Telecommunication System is a system used or to be used to provide Telecommunication Service including public or private line video, data or voice service to another person, using or crossing a street, highway, rights-of-way or easements in the City other than cable television service offered pursuant to a Franchise granted under Chapter 54 of the City Code, as amended.

(4) Franchise is a non-exclusive, limited authorization to transact local business for the construction, maintenance and operation of a Telecommunication System in

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the City awarded by ordinance in the form of a contract and accepted by the Grantee for a term not to exceed thirty (30) years and which is revocable at the will of the City.

(5) Grantee is any holder of a Telecommunication System License or Franchise granted pursuant to this ordinance.

(6) Gross Revenue shall mean all receipts collected by the Grantee for all telecommunication and related operations and services within the corporate limits of the City as well as any other revenue arising from operation or possession of this Franchise regardless of where billed. "Gross revenue" shall also include: (a) Access charges paid to the Grantee by other carriers. (b) The leases or re-sales of lines or circuit paths to third parties. (c) All Telecommunications Service revenues charged on a flat rate basis. (d) All Telecommunications Services charged on a usage sensitive or mileage

basis. (e) All revenues from local service. (f) All revenues from authorized rental of conduit space. (g) All revenues from authorized rentals of any portion of Grantee's System,

including plant, facilities, or capacity leased to others. (h) All other revenues collected from Grantee's telecommunication business

pursued within the City, excluding third party billing arrangements not related to Grantee's telecommunication business.

(i) Recoveries of bad debts previously written off and revenues from the sale or assignment of bad debts. Unrecovered bad debts charged off after diligent, unsuccessful efforts to collect are excludible from Gross revenues from telecommunication business. "Gross revenue" does not include revenue uncollected from customers (bad debts) and sale or lease of customer service equipment, taxes, interconnection fees paid by Grantee to other telecommunications carriers, or other similar types of pass-through charges for which Grantee merely acts as a collecting agent and derives no economic benefit or "markup".

(7) License is a written agreement granted by resolution for a Telecommunication System to use the rights-of-way, easements, highways, streets, alleys, and other places in the City for wires, poles, pipes, conduits or other public utility facilities, but not to transact local business with another person and which is for a term not to exceed one (1) year and which is revocable at the will of the City.

(8) Person is any individual, firm, partnership, association, corporation, company or organization.

(9) Subscriber is any Person who contracts with the Grantee for, or is in any manner provided with, Telecommunication Services.

Section 54.04 City Approval Required

(1) No Person shall install, construct, maintain or otherwise operate a Telecommunication System in the City without a telecommunication License and no person shall transact local business on a Telecommunication System in the City without a Franchise.

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(2) This ordinance shall apply to any existing cable television system operating pursuant to a Franchise awarded by the City which the Franchisee uses to transact local business operating a Telecommunication System.

(3) Before offering or providing any Telecommunication Service, the Grantee shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such Telecommunication Services from the appropriate federal, state and local authorities, if required, and shall submit to the City, upon the written request of the City, evidence of all such approvals, permits, authorizations or licenses.

(4) Nothing in this ordinance shall be construed as a waiver of any codes, ordinances or regulations of the City or the City's right to require Grantee or personnel utilizing the Telecommunication Service to secure appropriate permits or authorizations for such use. No fee or charge may be imposed upon a Grantee for any such permit or authorization, other than the standard fees or charges generally applicable to all persons for such permits or authorizations. Such standard fee or charge shall not be offset against the annual License fee or Franchise fee a Grantee is required to pay to the City under Section 9 of this ordinance.

Section 54.05 Issuance

(1) The City may grant one or more Licenses and Franchises for a Telecommunication System in the City subject to this Ordinance.

(2) The City specifically reserves the right to grant, at any time, such additional Licenses and Franchises for a Telecommunication System as it deems appropriate. Additional Licenses and Franchises shall not be deemed to modify, revoke, terminate or damage any rights previously granted to any other Grantee.

(3) In the event a License application is filed proposing to install facilities within a Franchise territory which overlaps in whole or in part an existing area, a copy shall be served by the applicant by certified mail upon the current Grantee(s). Applicant shall notify Grantee of existing overlapping territory. Proof that a copy of the application has been served upon the current Grantee(s) shall be provided to the City. No application for overlapping territory shall be processed until proof of service has been furnished to the city. It is not the intent of this Ordinance to either require or prohibit overbuilding.

(4) Applications for a new, renewed or amended Franchises shall be made in such form as the City may prescribe by resolution. New, renewed or amended Franchises which expand the scope of service shall be accompanied by a non-refundable $5,000 partial prepayment of the Franchise formation fee.

Section 54.06 Duration

Any License or Franchise and the rights, privileges, authority and responsibilities established shall take effect and be in force from and after final acceptance. It shall continue in force and effect for a period established by the License or Franchise, provided within thirty (30) days after the date of the City's final acceptance of a License or Franchise, the Grantee files with the City Clerk its unconditional acceptance of the License or Franchise, all required letters of credit, construction surety and insurance certificates, and pays to the City Clerk all reasonable

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costs actually incurred by the City in preparing, considering and awarding the License or Franchise, including legal, engineering, technical, publication and other expenses, to wit: the Franchise formation fee described in Section 9. If a Grantee fails to timely comply with this section, it shall acquire no rights, privileges, or authority whatsoever from the City. Section 54.07 Penalty

Violation of any of the terms of this Chapter shall be a misdemeanor punishable by a fine of up to Five Hundred ($500.00) Dollars or Ninety (90) days in jail or both, not excluding (in addition to) civil damages. Section 54.08 Rate Regulation

The rates and charges of a Grantee subject to a Franchise for the provision of Telecommunication Services and for related services (such as equipment rental, deposits, disconnect fees, and late payment fees) shall be subject to regulation by the City to the full extent authorized by federal or state law. The City may from time to time elect not to regulate Grantee's rates and changes, and any such election shall not waive the City's rights to regulate in the future. Changes to rates and charges shall only be made after notice, hearing and other requirements provided by law. Section 54.09 Franchise Formation and Annual Fee Payments by Grantee

(1) For the reason that the streets, highways and rights-of-way or easements to be used by Grantee in the operation of its Telecommunication System within the boundaries of the City are valuable public properties, some of which are acquired and maintained by the City at great expense to its taxpayers, and that the grant to Grantee of the use of said streets, highways, rights-of-way or easements is a valuable property right without which Grantee would be required to invest substantial capital in right-of-way costs and acquisitions, a Grantee shall pay: (a) A Franchise formation fee (i) for Franchises of $10,000.00; or, (ii) for

Licenses of $2,000.00; and (b) An annual fee equal to the lesser of (i) 5% of its gross revenue, or (ii) an

amount determined as set forth in subsection (2). (2) The fee to be charged to a Grantee under clause (ii) of subsection 1(b) shall be

Grantee's allocated share of the following amounts:

The estimated actual cost (excluding acquisition costs) incurred by the City as a consequence of permitting Grantees to occupy a portion of the public rights-of-ways and in mediating disputes between the citizens of the City and Grantee.

The estimated actual costs referred to in subsection 2(b) shall be calculated every three years by the City Controller and shall be subject to approval by the City Commission following a public hearing. The costs referred to in subsection 2(b) shall be allocated among all of the Grantees based on their per linear foot (not number of lines or capacity) of the Telecommunication Systems located upon, over, across or under the roads, bridges, streets, rights-of-way and easements in the City.

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The annual fee required by subsection (1) may be determined using: (a) A percentage of gross revenues not exceeding five (5%) percent; or (b) $0.40 per linear foot of underground and $0.25 per linear foot of overhead

lines, wires, cables, poles, conduits and like structures, erections and fixtures upon, over, across, or under the roads, bridges, streets, public rights-of-way and easements in the City.

(3) Miscellaneous fee considerations: (a) Grantees sharing the same conduit shall each pay a full fee. (b) Grantees sending signals over another Grantee's existing line or a line that

is leased to another and upon which fees are already paid are not subject to additional fees.

(c) Grantees using the same line to provide cable television service and to provide Telecommunications Services shall be subject to both a cable television franchise fee and all fees set by this Chapter.

(4) Grantee shall pay to the City for each quarter an amount equal to one-fourth (1/4) of the minimum annual fee, calculated on the basis of a twelve-month compensation year. Grantee shall forward by check or money order an amount equal to the quarterly payment by noon of the twenty-fifth day of the calendar month immediately following the close of the calendar quarter for which the payment is calculated. Any necessary prorations shall be made.

(5) In the event any quarterly payment is made after noon on the date due, Grantee shall pay a late payment penalty of the greater of: (i) $100 or (ii) simple interest at ten percent (10%) annual percentage rate of the total amount past due. Acceptance of money under this Section shall not in any way limit or inhibit any of the privileges or rights of the City, whether under this Franchise ordinance or otherwise.

(6) In the event the five percent (5%) of gross revenue option is utilized, Grantee shall file annually with the City Manager no later than ninety (90) days after the end of the Grantee's fiscal year, a statement of revenues (for that year) attributable to the operations of the Grantee's Telecommunication System within the City. Said statement shall be prepared in compliance with general accepted accounting practices and auditing standards. This statement of revenues shall present a detailed breakdown of Gross Revenues and uncollectible accounts for the year. This statement of revenues shall be certified by an officer of the Grantee whose statement shall accompany the statement of revenues.

Any transactions which have the effect of circumventing payment of required Franchise fees and/or evasion of payment of Franchise fees by non-collection or non-reporting of Gross Revenues, bartering, or any other means which evade the actual collection of revenues for business pursued by Grantee are prohibited.

(7) License and Franchise fees shall be in addition to any other tax, charge, fee or payment due the City by a Grantee.

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Section 54.10 New Developments (1) Grantee may, from time to time, implement new services and developments

allowed by law. A Grantee may not provide cable television services as defined by the U.S. Cable Communication Policy Act of 1984 without obtaining a franchise from the City.

(2) In addition to those matters required in a Franchise, Grantees make the following express acknowledgements: (a) That the City has the right to make reasonable amendments to this

ordinance which do not materially increase any financial, economic or performance burden to the detriment of a Grantee during the term of the License or Franchise upon ninety (90) days' notice to the Grantee, or without notice with respect to an emergency amendment. It further recognizes and agrees that the City shall in no way be bound to renew or extend the License or Franchise at the end of any License or Franchise term and that it may be deemed a mere licensee at the expiration thereof.

(b) That a Grantee shall have no recourse whatsoever against the City for any loss, cost, expense or damage arising out of the failure of the City to have the authority to grant all or any part of a License or Franchise. A Grantee expressly acknowledges that on accepting a License or Franchise it did so relying on its own investigation and understanding of the power and authority of the City.

(c) By acceptance of a License or Franchise a Grantee acknowledges that it has not been induced to enter into a License or Franchise by any understanding or promise or other statement, whether verbal or written, by or on behalf of City or by any other third person concerning any term or condition or a License or Franchise not expressed in this Ordinance.

(d) Grantee further acknowledges by the acceptance of a License or Franchise that it has carefully read its terms and conditions, and does accept all of the risks of the meaning of such terms and conditions.

(3) However, if any such state or federal law or regulation shall require a Grantee to perform any service, or shall allow a Grantee to perform any service, or shall prohibit a Grantee from performing any service, in conflict with the terms of the License or Franchise or of any law or regulation of the City, then as soon as possible, a Grantee shall notify the City of the point of conflict believed to exist between such regulation or law and the laws and regulations of the City or the License and Franchise. Notwithstanding such conflict, the Grantee shall comply with the terms of the License or Franchise unless released by the City.

(4) If any provision of a License or Franchise is held by any court of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter in effect, or is held by such court to be modified in any way in order to conform to the requirements of any law, rule or regulation, said provision may be

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considered a separate, distinct and independent part of the License or Franchise, and such holding shall not affect the validity and enforceability of all other provisions if the City so determines. In the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with the law, rules or regulations said provision shall return to full force and effect and shall be binding on the parties.

(5) If the parties determine that a material provision of a License or Franchise is affected by action of a court or of the state or federal Government, the parties shall have the right to modify any of the provisions to such reasonable extent as may be necessary to carry out the full intent and purpose of the License and Franchise.

Section 54.11 Liability

(1) A Grantee shall indemnify and hold harmless the City as set forth in the License or Franchise at all times during the life of a License or Franchise and will pay all damages and penalties which the city may be required to pay as a result of granting a License or Franchise to Grantee.

(2) A Grantee shall at all times during the life of a License or Franchise carry and require its contractors and subcontractors to carry out public liability, property damage, worker's disability and vehicle insurance in such form and amount as shall be determined by the city as set forth in the License or Franchise. All required insurance coverage shall provide for thirty (30) days notice to the City in the event of material alteration or cancellation of such coverage prior to the effective date of such material alteration or cancellation. Failure of the Grantee to provide appropriate insurance certificates to the City within Sixty (60) days after the execution of a License or Franchise shall render the License or Franchise null and void.

Section 54.12 General Capability

(1) Further, if the Grantee of a Franchise, provides a new service, facility, equipment, fee or grant to any other community which it serves within the State of Michigan, the same shall be provided in or to the City. City shall waive this requirement in a Franchise upon an affirmative demonstration that such service would be undesirable, impractical, infeasible or uneconomical in the City due to population, density or other relevant factors.

(2) The Grantee of a Franchise shall allow the City to access the Telecommunication System from any city buildings, police stations, fire stations, other public buildings, each school licensed by the State of Michigan, and each public library within 500 feet of the Telecommunication System on fees, terms and conditions set forth in the Franchise.

(3) Only in the event of a state or national emergency or other urgent community need, a Grantee of a franchise shall, upon request of City, make available its facilities to the city for the duration of the emergency.

(4) To the extent feasible, and subject to reasonable availability and agreement

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among the franchisees concerning maintenance, access and security, a Telecommunication System shall be interconnected with other Telecommunication Systems within the City for the purpose of facilitating the provision of universal service in the City. Interconnecting may be done by direct cable or fiber optical connection, microwave link, satellite, or other appropriate method. The cost of such interconnection shall be equally shared by each Grantee. A Grantee shall not impose any discriminatory or punitive interconnection fee on a non-Subscriber. A Grantee shall not refuse or delay access service or be unreasonable in connecting another Grantee to the Telecommunication System or refuse or delay access service by any person to another Telecommunication System.

Section 54.13 Conditions of Street Occupancy

A Grantee shall not commence construction upon, over, across, or under the roads, streets, rights-of-way or easements in the City without first obtaining a construction permit, as required under the Zoning Code, as amended, which shall apply to the construction of a Telecommunication System. Section 54.14 Technical and Construction Standards

(1) Each Grantee shall construct, install and maintain its Telecommunication System in a manner consistent and in compliance with all applicable laws, ordinances, construction standards, governmental requirements, and technical standards established by the Federal Communications Commission or state agency.

(2) In any event, the Telecommunication System shall not endanger or interfere with the safety of persons or property within the City or other areas where the Grantee may have equipment located.

(3) All working facilities, conditions, and procedures, used or occurring during construction of the System shall comply with the standards of the Occupational Safety and Health Administration.

(4) Construction, installation and maintenance of a Telecommunication System shall be performed in an orderly and workmanlike manner, and in close coordination with public and private utilities serving the City following accepted industry construction procedures and practices and working through existing committees and organizations.

(5) All cable and wires shall be installed, where possible, parallel with electric and telephone lines, and multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering consideration.

(6) A Grantee shall join the Miss Dig program. (7) When Grantee meets recognized engineering standards and the City, at its option,

requests additional linear line footage, then the Grantee shall not be subject to the linear foot fee for such additional footage.

Section 54.15 Maps, Records, and Reports

(1) A Grantee shall annually provide the City with current maps of its existing and proposed installations in a standardized format for use with the City's data system

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unless no changes have occurred in the previously submitted map.

(2) The Grantee of a Franchise shall annually file with the City Clerk fifteen (15) copies of its annual financial reports, including its annual income statement, a balance sheet, and a statement of its properties devoted to Telecommunication System operations. A Grantee shall submit such reasonable information as may be requested by the City with respect to its property and revenues, expenses or operations within the City. All information provided to the City shall be maintained by the City as proprietary and confidential.

(3) An accurate and comprehensive file shall be kept by a Franchise Grantee of all Subscriber and user complaints regarding the Telecommunication System. A procedure shall be established by the Grantee by the time of installation of the system to quickly and reasonably remedy complaints to the satisfaction of the City. Complete records of Grantee's actions in response to all complaints shall be kept. These files and records shall remain open to the public during normal business hours.

(4) Grantee shall submit to the City such other reasonable information or reports in such form and at such times as the City may request.

(5) In the event the 5% of gross revenue option is utilized, subject to the privacy rights of Grantee, this Ordinance, federal and state laws and regulations, a Franchise Grantee shall keep open books and records relating to the financial operations of the Telecommunication System provided to the City. The City shall have the right to inspect, during normal business hours, upon a two-day notice, all books, records, maps, plans, service complaint logs, performance test results and other like materials of the Grantee which relate to the financial operation of the Telecommunication System. Access to the aforementioned records shall not be denied by the Grantee on the basis that the records contain proprietary information, provided that City maintains such information as proprietary and confidential.

(6) a. Subject to the privacy rights of Grantee and this Ordinance and to federal and state laws and regulations, a Franchise Grantee shall keep open all non-financial books and records relating to the operations of the Telecommunication System provided to the City. The City shall have the right to inspect, during normal business hours, upon a two-day notice, all books, records, maps, plans, service complaint logs, performance test results and other like materials of the Grantee which relate to the operation of the Telecommunication System. Access to the aforementioned records shall not be denied by the Grantee on the basis that the records contain proprietary information, provided that City maintains such information as proprietary and confidential.

b. A Grantee shall allow the City to make inspections of any of the Grantee's Telecommunication Systems within the City's boundaries at any time upon one (1) day notice, or, in case of emergency, upon demand without notice.

(7) The refusal of the Grantee to file any of the records or reports and inspections required to be provided to the City under this section shall be deemed a material

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breach, and shall subject the Grantee to all penalties and remedies, legal or equitable, which are available to the City.

(8) Any material, false, misleading statement, or representation knowingly made by the Grantee in any report shall be deemed a material breach of the License or Franchise, and shall subject the Grantee to all penalties and remedies, legal or equitable, which are available to the City.

Section 54.16 Waiver

A Grantee agrees not to oppose intervention by the City in any suit or proceeding to which the Grantee is a party relating to the City's Franchise or License. A Grantee agrees to abide by all provisions of this ordinance and its License and Franchise. Section 54.17 Sale or Transfer of Rights of Franchises

(1) Neither the Franchise nor any of Grantee's interest therein or in the facilities shall be sold, assigned, transferred, pledged, leased, sublet, hypothecated or mortgaged in any manner, in whole or in part, to any person or entity, nor shall title thereto, either legal or equitable, or any right or interest therein, or any property or assets relating to this Franchise or the facilities, pass to or vest in any person or entity, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. Grantee shall not otherwise provide service to a person or entity who the City contends is required to obtain a franchise from the City and who lacks such franchise. Nothing herein shall prevent Grantee from assigning its rights and obligations to an affiliate (defined as any entity directly owned by Grantee or a parent entity of Grantee) or subsidiary of Grantee upon notice to the City. Any assignment or transfer to a subsidiary or affiliate of Grantee shall not relieve Grantee of its liability hereunder. Further, nothing herein shall prevent or prohibit Grantee or any of its parents, subsidiaries or affiliates, from granting a security interest in the Franchise or the facilities arising from a financing transaction. The grant or waiver of any one or more of said consents shall not render unnecessary any subsequent consent or consents, nor shall the grant of any said consent constitute a waiver of any other rights of the City. In the event of a foreclosure proceedings pursuant to the enforcement of a security interest granted by Grantee, or any parent or subsidiary of Grantee, the City shall have the right to approve the purchaser of the Franchise and/or the facilities at a foreclosure sale, which approval shall not be unreasonably withheld or unduly delayed. The prohibition against sales, assignments, transfers and similar actions shall also fully apply to any transfer of control of Grantee ("Control") and such transfer of Control shall also require the prior written approval of the City which approval shall not be unreasonably withheld or unduly delayed.

(2) No Franchise nor any part or portion of its interest in the Franchise may be sold, transferred or assigned until the facilities, equipment and personnel which the Grantee has proposed in the current Franchise application to provide and install pursuant to the Franchise are one hundred (100%) percent completed and operational for a minimum period of three (3) years except to Grantee's parent,

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affiliate or subsidiary.

(3) Any attempted transfer of the Franchise, facilities, Control or similar action by Grantee in violation of this Section shall be ineffective and void and shall constitute a material event of default by Grantee.

Section 54.18 Construction and Performance Guarantee and Letter of Credit

A Grantee shall, prior to construction and within thirty (30) days of the execution of a License or Franchise, file with the City Clerk, a letter of credit or cash deposit in a reasonable amount set by the terms of the License or Franchise based upon the construction cost of the lines to be installed upon, over, across, or under the roads, streets, rights-of-way or easements in the City. The Grantee and the City Engineer may make arrangements for the periodic release of the cash deposit or letter of credit in proportionate amounts as progress is made. Section 54.19 Termination

In addition to all other rights and powers reserved or pertaining to the City, the City reserves as an additional and as a separate and distinct remedy the right to terminate a License or Franchise and all rights and privileges of a Grantee in any of the following events or for any of the following reasons:

(1) A Grantee fails after thirty (30) days prior written notice to comply with any of the provisions of the License or Franchise or has, by act or omission, violated any term or condition; or

(2) A Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; or

(3) All or part of a Grantee's facilities are sold under an instrument to secure a debt and are not redeemed by Grantee within ninety (90) days from such sale; or

(4) A Grantee attempts to or does practice any fraud or deceit in its conduct or relations with the City under the License or Franchise; or

(5) City condemns all of the property of a Grantee within the City by the lawful exercise of eminent domain.

(6) The Grantee abandons the Telecommunication System or fails to seek renewal of its License or Franchise.

(7) No termination, except for reason of condemnation, shall be effective unless or until the City shall have adopted a resolution setting forth the cause and reason for the revocation and the effective date, which resolution shall not be adopted without thirty (30) days prior notice to Grantee and an opportunity for Grantee to be heard on the proposed resolution.

Section 54.20 Removal

(1) Upon expiration or termination of a License or Franchise, if the License or Franchise is not renewed, the Grantee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed. Except as otherwise provided, the Grantee shall not remove any

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underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed. The Grantee shall remove, at its sole cost and expense, any underground cable or conduit by trenching or opening of the streets along the extension or otherwise which is ordered to be removed by the City based upon a determination, in the sole discretion of the City, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the city to remove cable or conduit shall be mailed to the Grantee not later than thirty (30) calendar days following the date of expiration of the License or Franchise. A Grantee shall file written notice with the City Clerk not later than thirty (30) calendar days following the date of expiration or termination of the License or Franchise. A Grantee shall file written notice with the City Clerk not later than thirty (30) calendar days following the date of expiration or termination of the License or Franchise of its intention to remove cable and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the city. Removal shall be completed not later than twelve (12) months following the date of expiration of the License or Franchise. Underground cable and conduit in the streets and rights-of-way which is not removed shall be deemed abandoned and title shall be vested in the City.

(2) Upon expiration, termination or revocation of a License or Franchise, if the License or Franchise is not renewed, a Grantee, at its sole expense, shall, unless relieved of the obligation by the city, remove from the streets all above ground elements of the Telecommunication System, including but not limited to pedestal mounted terminal boxes, and lines attached to or suspended from poles.

(3) Grantee shall apply for and obtain such encroachment permits, Licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable law or ordinance of the City, shall conduct and complete the work of removal in compliance with all such applicable law or ordinances, and shall restore the streets and rights-of-way to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than twelve (12) months.

Section 54.21 Continuity of Service

It shall be the right of all Subscribers to receive all available services insofar as their financial and other obligations to the Grantee of a Franchise are honored. In the event that the Grantee elects to overbuild, rebuild, modify or sell the Telecommunication System or the City terminates, revokes or fails to renew a Franchise within a reasonable time, a Grantee shall do everything in its power to ensure that all Subscribers receive continuous, uninterrupted service regardless of the circumstances. In the event of a change of Grantee, the current Grantee shall cooperate with the new Grantee in maintaining continuity of service to all Subscribers. In the event that interruption of service is required by a Grantee for modification, repairs or the like, the interruption shall be as brief as possible and at times when the impact on Subscribers is at a minimum. Records of such interruption shall be kept.

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Section 54.22 Acceptance of Agreement and Incorporation of Application and Ordinance by Reference

Upon execution of a License or Franchise by a Grantee, the Grantee agrees to be bound by all of its terms and conditions and accepts unconditionally the Franchise and promises to comply with and abide by all of their terms, provisions and conditions. A Grantee also agrees to provide all services set forth in its application and proposal, and, by its acceptance of the License or Franchise, a Grantee specifically grants and agrees that its application and proposal is thereby incorporated by reference and made a part of the License or Franchise. In addition, a Grantee specifically agrees that this Ordinance of the City is incorporated by reference and made a part of the License or Franchise. In the event of a conflict between the application and proposal of the Grantee, the Ordinance, and the License or Franchise, the Ordinance shall prevail. Section 54.23 Severability

If any section, subsection, sentence, clause, phrase or word of the License or Franchise is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not render invalid nor terminate the License or Franchise. Section 54.24 Tampering and Fraudulent Connections or Sales

(1) No person, whether or not a Subscriber or user to the Telecommunication System, may intentionally or knowingly remove or damage or cause to be damaged any wire, cable, conduit, equipment, or apparatus of the Grantee, or to commit any act with an intent to cause such removal or damage, or tap, tamper with, or otherwise connect any wire or device to a wire, cable, conduit, equipment and apparatus, or appurtenances of the Grantee with the intent to obtain a signal or impulse from the Telecommunication System without authorization from or compensation to the Grantee, or obtain Telecommunications Service, or sell, rent, offer or advertise for sale, rental or use any instrument, apparatus, device or plans, specifications, or instructions for making or assembling the same to connect to the Grantee's Telecommunication System with intent to cheat or defraud the Grantee of any lawful charge to which it is entitled.

(2) The prohibitions, penalties and remedies set forth in this section are in addition to any prohibitions, penalties and remedies for theft of service provided by state and federal law.

Section 54.25 Equal Application

The provisions of this Ordinance shall be imposed upon and enforce against all Telecommunication Systems in the City requiring a License or Franchise under state law from the City. Section 54.26 Compliance with Laws

All Grantees and the City shall comply with all laws, rules, regulations and orders in the

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exercise and performance of their rights and obligations under this Ordinance and under any Franchise or License. Voting yea: Sunday-Horstman, Eaton, Chrisman, Fraim, Harrison, Kinsey, Hayes, Holsinger, Mayor Dobberteen Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Harrison to consider this the introduction and first reading of an ordinance to amend certain sections of Chapter 153: Property Maintenance Code of the ordinances of the City of Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Kinsey to consider this the introduction and first reading of an ordinance to amend Chapter 90, with the removal of Section 90.08, of the ordinances of the City of Sturgis pertaining to the regulation of dogs within the City. Voting yea: Eight Voting nay: Fraim MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Eaton to adopt the following resolution:

RESOLUTION WHEREAS, Act 51 of 1951 has served the State of Michigan and Local Units of government well in allocating Motor Vehicle Funds for road construction and repairs; and, WHEREAS, Act 51 will sunset on September 30, 1998 and should new legislation not be adopted all road agencies will have their funding cut by twenty percent (20%); and WHEREAS, the Build Michigan II proposal to transfer 23,500 miles of city and county roads to the state was overwhelmingly opposed by municipalities and county road commissions; and, WHEREAS, the Michigan Department of Transportation (MDOT) has developed a program of ARationalization@ of Michigan=s Highway System that still falls short in meeting the road needs and concerns of the City of Sturgis. NOW, THEREFORE BE IT RESOLVED, that the City of Sturgis response to MDOT=s ARationalization@ proposal is as follows: Χ That North Centerville Road from Haines Boulevard to Wait Road and Wait Road be

deleted from consideration for State assumption of jurisdiction. Χ That Haines Boulevard from North Centerville Road to M-66 (N. Nottawa) be included

for State assumption of jurisdiction, and a commitment be made by MDOT that right-of-way acquisition, design and construction of this bypass route move forward on a timely basis.

Χ The creation and enactment of a review process for jurisdiction changes, project priorities and funding must be developed that will involve meaningful involvement by all road agencies.

Χ Concerns regarding the roads to be assumed by the State must be resolved: future commitment for timely construction, repair or reconstruction; traffic control device approval; construction permits; winter maintenance; and local control of licensing and

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franchising of communication facilities. Χ All outstanding issues, including finances and the reauthorization of Act 51, must be

resolved and the solutions codified in statute. BE IT FURTHER RESOLVED, that said resolution be sent to Governor Engler, State Senator Harry Gast, State Representative Glenn Oxender, Michigan Department of Transportation, and the Michigan Municipal League. Voting yea: Eaton, Chrisman, Fraim, Harrison, Kinsey, Hayes, Holsinger, Sunday-Horstman, Mayor Dobberteen Voting nay: None RESOLUTION ADOPTED Mayor Dobberteen accepted nominations to appoint a member to the Cemetery Board to fill the unexpired term of Harold Freeland, Jr., term to expire in May, 1999. Comm. Kinsey nominated Robert Magness. Moved by Comm. Eaton and seconded by Comm. Fraim that the nominations be closed. Voting yea: Nine Voting nay: None MOTION CARRIED Vote was taken on appointing Robert Magness to the Cemetery Board. Voting yea: Nine Voting nay: None MOTION CARRIED Robert Magness was appointed to the Cemetery Board to fill the unexpired term of Harold Freeland, Jr., term to expire in May, 1999. Mayor Dobberteen accepted nominations to appoint a member to the Zoning Board of Appeals to fill the unexpired term of Ted Warner, term to expire in May, 1999. Comm. Eaton nominated Ken Chrisman. Moved by Comm. Kinsey and seconded by Comm. Harrison that the nominations be closed. Voting yea: Nine Voting nay: None MOTION CARRIED Vote was taken on appointing Ken Chrisman to the Zoning Board of Appeals. Voting yea: Nine Voting nay: None MOTION CARRIED Ken Chrisman was appointed to the Zoning Board of Appeals to fill the unexpired term of Ted Warner, term to expire in May, 1999. Moved by Comm. Harrison and seconded by Comm. Kinsey to accept the resignation of Chester Stefaniak from the Board of Review, and that a letter of appreciation be sent. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Holsinger to accept the resignation of John Clark from the Sturgis Hospital Board, and that a letter of appreciation be sent. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Eaton and seconded by Comm. Sunday-Horstman that the City bills in the amount of $544,317.37 and the Hospital bills in the amount of $346,724.22 for a total of $891,041.59 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Fraim and seconded by Comm. Eaton to proclaim December 4, 1997 as ATree of Love@ day in the City of Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Kinsey to approve the recommendation to move the December 24, 1997 City Commission meeting to Monday, December 22, 1997 due to the Christmas Holiday. Voting yea: Nine Voting nay: None MOTION CARRIED

RESOLUTION Moved by Comm. Eaton and seconded by Comm. Harrison to recess under the Open Meetings Act to discuss pending litigations. Voting yea: Chrisman, Fraim, Harrison, Kinsey, Hayes, Holsinger, Sunday-Horstman, Eaton, Mayor Dobberteen Voting nay: None MOTION CARRIED The meeting was recessed at 8:32 p.m. The meeting was reconvened at 9:18 p.m. Moved by Comm. Holsinger and seconded by Comm. Kinsey that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:18 p.m. ________________________________ Mary M. Stoddard, Deputy City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, DECEMBER 10, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Kinsey, Hayes, Sunday-Horstman, Chrisman, Eaton, Holsinger, Mayor Dobberteen Commissioners absent: Fraim Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Monday, November 24, 1997 were approved as presented. County Commissioner Brown presented an updated report on the County budget, the approval of a County address ordinance and Economic Development. Commissioner Fraim present. Moved by Comm. Harrison and seconded by Comm. Eaton to award the low bid for a transmission system for the Electric Department to Davis Electric, Traverse City, Michigan, in the amount of $1,698,216.97. Discussion followed. Motion withdrawn. Moved by Comm. Harrison and seconded by Comm. Chrisman to accept a bid with a negotiated price under $1,405,445.97 based on the City Attorney=s advice. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Kinsey to award the low bid for a fiber optic trunk line installation for the Electric Department to Davis Electric, Traverse City, Michigan, in the amount of $392,130.32. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Hayes to award the bid for park identification signs for the Parks, Recreation and Forestry Department to Sherri=s Graphics, Sturgis, Michigan, in the amount of $11,368.00. Voting yea: Nine Voting nay: None MOTION CARRIED

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Julie Paulsen, Executive Director of the Sturgis Neighborhood Program, presented an informative report regarding development plans of Eastwood Village, a low income/senior citizens housing complex. Public Hearing on issuing an Industrial Facilities Exemption Certificate to Lakeland Paper Corporation was held. Moved by Comm. Hayes and seconded by Comm. Eaton that an Industrial Facilities Exemption Certificate not to exceed $500,000.00 be awarded to Lakeland Paper Corporation for a period of twelve (12) years and that the following resolution be adopted:

RESOLUTION WHEREAS, Lakeland Paper Corporation in conformity with Act 198 of the Public Acts of 1974, as amended (Act 198) has submitted an application providing all information and requirements necessary for granting of an Industrial Facilities Exemption Certificate by the City of Sturgis, County of St. Joseph, State of Michigan to Lakeland Paper Corporation, and WHEREAS, on February 28, 1990 the City Commission established the Industrial Development District for the industrial property of Lakeland Paper Corporation, and WHEREAS, the Sturgis City Assessor, and representatives of all affected taxing units were notified by certified mail of the time and place of the hearing on the application, and WHEREAS, a hearing was held by the Sturgis City Commission providing the Assessor, and representatives of all affected taxing units the opportunity to be heard as required by the statute, and WHEREAS, comments on granting of the Industrial Facilities Exemption Certificate have been heard and considered, and WHEREAS, it is hereby found and determined by the Sturgis City Commission that the granting of this Industrial Facilities Exemption Certificate, considered together with the aggregate amount of the Industrial Facilities Exemption Certificates previously granted and currently in force, shall not have the effect of substantially impeding the operation of the City of Sturgis, or of impairing the financial soundness of a taxing unit which levies an ad valorem property tax in the City of Sturgis, and WHEREAS, the Sturgis City Commission, under Section 16 (1) of Act 198, of the P.A. of 1974, as amended, has determined that the length of the Industrial Facilities Exemption Certificate shall remain in force and effect for a period of 12 years. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Lakeland Paper Corporation for an AIndustrial Facilities Exemption Certificate@. Voting yea: Fraim, Harrison, Kinsey, Hayes, Holsinger, Sunday-Horstman, Eaton, Chrisman, Mayor Dobberteen Voting nay: None Absent: None THE RESOLUTION WAS ADOPTED. Moved by Comm. Eaton and seconded by Comm. Fraim that this be considered the second and final reading to approve an ordinance to amend certain sections of Chapter 153: Property

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Maintenance Code of the Ordinances of the City of Sturgis. WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to amend the Property Maintenance Code; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan, ordains: The following sections of Chapter 153: Property Maintenance Code of the Ordinances of the City are hereby amended to read as follows, effective as of February 1, 1998: '153.03 AMENDMENTS TO THE BOCA NATIONAL PROPERTY MAINTENANCE CODE. The following sections of the BOCA National Property Maintenance Code are amended as follows: (e) Section PM 106.1 shall be amended to state in its entirety as follows:

PM 106.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this code. Upon failure of any person to obey a lawful order of the code official, the code official may effectuate compliance with the lawful order through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner or operator of the real estate which is the subject matter of the lawful order and any such costs shall be a lien upon such real estate. (f) Section PM 107.3... (g) Section PM 107.5... (h) Section PM 108.2 shall be amended to state in its entirety as follows:

PM 108.2 Closing of vacant structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the owner or operator of the real estate which is the subject matter of such an order and any such costs and shall be a lien upon such real estate. (i) Section PM 109.5 shall be amended to state in its entirety as follows:

PM 109.5 Costs of emergency repairs: Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the code official. The legal counsel of the jurisdiction shall institute appropriate action against the owner or operator of the premises where the unsafe structure is or was located for the recovery of such costs and any such costs shall be a lien upon such real estate. (j) Section PM 110.3 shall be amended to state in its entirety as follows:

If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of

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such razing and removal shall be charged against the owner or operator of the real estate which is the subject matter of such an order and any such costs and shall be a lien upon such real estate. (k) Section PM 111.2... (l) Sections PM 112.1-19... (m)Section PM 302.1 shall be amended to add the following changes in definitions:

AOperator:@ Any person who has charge, care or control of structure or premises which is let or offered for occupancy or utilized for a commercial purpose.

APerson:@ An individual, corporation, partnership or any other group acting as a unit. With respect to a corporation, partnership or any other group acting as a unit, Aperson@ shall include any shareholder, director, partner or other individual actually participating, or who has authority to participate, in the management or operation of a premises. (n) Section PM 304.15... Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Chrisman that this be considered the second and final reading to approve an ordinance to amend Chapter 90 of the Ordinances of the City of Sturgis pertaining to the regulation of dogs or other animals within the City.

AMENDMENT TO DOG ORDINANCE OF THE CITY OF STURGIS WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to amend the ordinance regulating dogs within the City; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Chapter 90: ANIMALS of the ordinances of the City of Sturgis is hereby amended to add the following section effective as of February 1, 1998:

'90.07 REMOVAL OF DEFECATION No owner or person having custody of any dog or other animal shall permit such dog or

other animal to defecate on any school grounds, public street, alley, sidewalk, terrace, park, other public grounds or private property in the City, other than on the premises of such owner or person, unless such defecation is promptly removed. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Kinsey to approve the request from the Library to issue Out-of Area Business Library cards. Voting yea: Nine Voting nay: None MOTION CARRIED Gerry Mayer, Director of Industrial Development, reported on the Paramount site clean-up options. Moved by Comm. Fraim and seconded by Comm. Eaton to include this item on the next agenda, after the Mayor and Vice-Mayor have had an opportunity to meet with the legislative

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representatives. Voting yea: Nine Voting nay: None MOTION CARRIED County Commissioner Sutter reported on the County Economic Development Committee and offered the opportunity to the City of Sturgis to become a member of the County EDC. Moved by Comm. Holsinger and seconded by Comm. Fraim to defer this issue to the Sturgis EDC Board for review and recommendation. Voting yea: Nine Voting nay: None MOTION CARRIED

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Moved by Comm. Eaton and seconded by Comm. Sunday-Horstman that the City bills, in the amount of $1,273,052.50 and the Hospital bills, in the amount of $272,937.24 for a total of $1,545,989.74 be paid. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Harrison to accept the resignation of Aileen Crossman from the Library Board and that a letter and certificate of appreciation be sent. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Holsinger and seconded by Comm. Fraim that the Mayor appoint a committee to review the responsibilities and authorities of the Doyle Board and the Parks & Recreation Advisory Board and to return to the Commission a recommendation as to what the areas of responsibilities and authorities are for each Board. Voting yea: Nine Voting nay: None MOTION CARRIED Mayor Dobberteen appointed Commissioners: Holsinger, Hayes, Sunday-Horstman and Fraim. Moved by Comm. Harrison and seconded by Comm. Kinsey to approve the request of the Mayor to form a seven (7) member Community Task Force Committee to examine the Hospital=s $9 million Improvement Package and to return to the Commission a recommendation as to where the future of health care should go as it involves the City of Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Kinsey that the meeting be adjourned. Voting yea: Nine Voting nay: None MOTION CARRIED The meeting was adjourned at 9:35 p.m. _________________________ Carol F. Rambadt, City Clerk

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REGULAR MEETING - STURGIS CITY COMMISSION MONDAY, DECEMBER 22, 1997

WIESLOCH RAUM - CITY HALL Mayor Dobberteen called the meeting to order at 7:30 p.m. Commissioners present: Harrison, Kinsey, Sunday-Horstman, Chrisman, Eaton, Fraim, Holsinger, Mayor Dobberteen Commissioners absent: Hayes Also present: City Manager, City Attorney, Assistant City Manager, City Clerk Minutes of the previous regular meeting held on Wednesday, December 10, 1997 were approved as presented. County Commissioner Mike Sutter reported on roads involving MDOT, a Veterans Memorial Program, and bringing a AHealing Racism@ program to Sturgis. Comm. Sutter also wished everyone a safe and happy holiday on behalf of St. Joseph County. Moved by Comm. Harrison and seconded by Comm. Sunday-Horstman to table the bid for two Slide-in V Box Salt Spreader for the Street Department and put it into next year=s budget. Voting yea: Seven Voting nay: Eaton Absent: Hayes MOTION CARRIED Mayor Dobberteen reported on the meeting with Senator Gast and State Officials that he and the Vice-Mayor attended. City Manager Jerome Kisscorni presented the Electric Department Annual Report. Moved by Comm. Holsinger and seconded by Comm. Harrison to appoint Don Lampe to the Board of Review to fill the unexpired term of Chester Stefaniak, term to expire in May, 1999. Voting yea: Seven Voting nay: Fraim Absent: Hayes MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Kinsey to table the appointment of a member to the Hospital Board of Trustees to fill the unexpired term of Dr. John Clark, term to expire in May, 2000 until the next regular meeting. Voting yea: Eight Voting nay: None Absent: Hayes MOTION CARRIED Moved by Comm. Eaton and seconded by Comm. Kinsey to appoint James Allen to the Library Board to fill the unexpired term of Aileen Crossman, term to expire in May, 1999. Voting yea: Seven Voting nay: Fraim Absent: Hayes MOTION

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CARRIED

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Moved by Comm. Eaton and seconded by Comm. Sunday-Horstman that the City bills in the amount of $539,756.53 and the Hospital bills in the amount of $876,214.79 for a total of $1,415,971.32 be paid. Voting yea: Eight Voting nay: None Absent: Hayes MOTION CARRIED Moved by Comm. Harrison and seconded by Comm. Fraim to refer to the Planning Board the request from Burr Oak Tool and Gauge Company, Inc. to vacate two portions of Elm Street. Voting yea: Eight Voting nay: None Absent: Hayes MOTION CARRIED Comm. Fraim requested that it go on record that he is protesting against former commissioners and board members serving on more than one board and feels that new people should become involved. Mayor Dobberteen thanked Comm. Sutter for attending the State Legislatures Meeting. Moved by Comm. Eaton and seconded by Comm. Sunday-Horstman that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Hayes MOTION CARRIED The meeting was adjourned at 8:21 p.m. _________________________________ Carol F. Rambadt, City Clerk

REGULAR MEETING - STURGIS CITY COMMISSION MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 8,...

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