The following is an unapproved draft of the minutes taken at the special meeting held on Wednesday, January 7, 2004:

SPECIAL MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 7, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:00 p.m.

Commissioners present: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Austermann

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Chief of Police, Deputy Chief of Police, Chief of Fire, Director of Economic Development, Director of the County 911, City Controller, City Clerk

City Manager Tod B. Mowery explained that City staff has pulled together answers to questions posed by the City Commission related to local dispatch services. Chief of Police Alli, Deputy Chief Northrop, Chief of Fire Houck, and County 911 Director Goldberger provided information to the Commission. Discussion followed.

Moved by Comm. Ludders and seconded by Comm. Littman to go into closed session for the purpose of discussing ongoing litigation. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas , Sunday-Horstman Voting nay: None Absent: Austermann MOTION CARRIED

The meeting recessed at 8:20 p.m. The meeting reconvened at 8:46 p.m.

Moved by Comm. Sisson and seconded by Comm. Littman for the City of Sturgis enter into negotiations with Cato Development to offer a P.I.L.O.T. at four percent conditioned on resolving all known and unknown claims between Cato and the City, specifically the utility easement. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Meeting was adjourned at 9:08 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 14, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Calvin Kolzow, Trinity Lutheran Church

Commissioners present: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Austermann

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Chief of Police, Chief of Fire, Director of Economic Development, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled work session on December 17, 2003 as presented. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Ludders to approve the minutes from the previously scheduled special meeting on January 7, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Director of Economic Development John Hayes gave a presentation of the details of creating a Neighborhood Enterprise Zone in the State of Michigan. Discussion followed.

Moved by Comm. Haas and seconded by Comm. Ludders to instruct City Staff to move ahead with the creation of a Neighborhood Enterprise Zone at the former Newport and Paramount sites in Sturgis. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

City Manager Tod B. Mowery continued the discussion related to the Sturgis Dispatch operations. Mayor Sunday-Horstman opened the floor to public comment and explained that the only issue on the table at present was the future of the City of Sturgis dispatch; all other related issues regarding staffing and service would be determined by City Staff.

Moved by Comm. Littman and seconded by Comm. Ludders that the City of Sturgis dissolve the primary safety answering point and to redirect all 9-1-1 and emergency calls to the St. Joseph County Primary 9-1-1 System and adopt the following resolution as presented.

WHEREAS, in 1992, the City of Sturgis established a Primary Safety Answering Point (PSAP) to allow for all 9-1-1 and emergency calls to be answered by the dispatch center at the City Police Department, and WHEREAS, the City of Sturgis desires that the St. Joseph County Central Dispatch Center provide dispatching services for Police, Fire and Emergency Medical Services for the city, and WHEREAS, the St. Joseph County Central Dispatch System is required to provide this service since the citizens and taxpayers are providing some funding for this service. NOW THEREFORE BE IT RESOLVED, that the City of Sturgis Commission resolves that as soon as possible, and in concert with all necessary departments of the City and the St. Joseph County Central Dispatch Director, make all required changes to allow for all dispatching and non- administrative calls routed to the County operations, and to dissolve the Primary Safety Answering Point for the City of Sturgis, and BE IT FURTHER RESOLVED, that all costs incurred in this change are the responsibility of the County Central Dispatch system, and BE IT FURTHER RESOLVED, that the County Central Dispatch Director and his staff provide instruction and policies to the City of Sturgis Police, Fire and Ambulance services prior to the switch over to the County operations. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Mayor Sunday-Horstman opened nominations for the vacancy on the Sturgis Planning Board.

Comm Littman nominated Warren Atkins Comm. Ludders nominated John Mikulenas

Moved by Comm. Haas and seconded by Comm. Ludders to close nominations. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Voting for Warren Atkins: Sisson, Huber, Mayer, Fisher, Littman, Sunday-Horstman Voting for John Mikulenas: Ludders, Haas

Warren Atkins was appointed to the Planning Board to fill the unexpired term of Phil Ward until May 2004.

Moved by Comm. Littman and seconded by Comm. Mayer to defer the discussion on City Subdivision II to a later work session. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to set Public Hearings for January 28, 2004 at 7:30 PM in the Wiesloch Raum of City Hall for consideration of Industrial Facilities Exemption Certificates to Michiana Corrugated Products, Precision Speed, and Unique Truck Accessories. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to authorize the payment of the City bills in the amount of $807,237.72, as presented. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to ratify the Hospital bills in the amount of $1,231,346.23, as presented. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann MOTION CARRIED

Chief of Fire Mike Houck gave a presentation of the bids for the purchase of ambulances. Discussion followed.

Moved by Comm. Ludders and seconded by Comm. Sisson to award the bids for ambulances as follows: 1) Purchase one (1) Type II ambulance from Wheeled Coach, Orlando, FL, for the bid price of $49,903.00 with a paint reduction to $48,039.00, but if not readily available then from Rolland Specialty Vehicle Products Company, Toledo, OH for the bid price of $55,179.00 with a paint reduction to $50,179.00; 2) Purchase two (2) Type III ambulances from Marque Ambulance Company, Goshen, IN for the bid price of $78,167.00 with a paint reduction to $73,167.00 per unit. 3) Authorize the City Controller to obtain “installment purchase” quotes for the financing of said vehicle acquisitions and based on the quote that is most favorable to the City of Sturgis, authorizes the purchase of said vehicles by the City Manager pursuant to that installment purchase agreement after approval by the City Attorney. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Austermann MOTION CARRIED

Meeting was adjourned at 8:23 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JANUARY 28, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Pastor Brian Poole, Wesleyan Church

Commissioners present: Mayer, Ludders, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Austermann, Huber

Also present: City Manager, City Attorney, City Engineer, Chief of Police, Chief of Fire, Director of Economic Development, Electric Department Superintendent, Wastewater Treatment Plant Superintendent, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on January 14, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Electric Department Superintendent John Griffith gave a presentation on Electric Utility Restructuring in Michigan. Discussion followed.

Electric Department Superintendent John Griffith explained that all the bids received on the Wilson and Cato Lane Circuit Construction have been rejected at this time. These bids and specifications will be reviewed.

A Public Hearing was held to consider issuing an IFEC to Precision Speed Equipment.

Moved by Comm. Fisher and seconded by Comm. Littman to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $512,000.00 to Precision Speed Equipment, for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016.

WHEREAS, Precision Speed Equipment 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 Precision Speed Equipment, and WHEREAS, on March 14, 1984 the City Commission established the Industrial Development District for the industrial property of Precision Speed Equipment, 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Precision Speed Equipment for an “Industrial Facilities Exemption Certificate”. Voting yea: Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Huber MOTION CARRIED

A Public Hearing was held to consider issuing an IFEC to Michiana Corrugated Products Company.

Moved by Comm. Ludders and seconded by Comm. Haas to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $300,000.00 to Michiana Corrugated Products Company, for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016.

WHEREAS, Michiana Corrugated Products 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 Michiana Corrugated Products Company, and WHEREAS, on July 12, 2000 the City Commission established the Industrial Development District for the industrial property of Michiana Corrugated Products 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Michiana Corrugated Products Company for an “Industrial Facilities Exemption Certificate”. Voting yea: Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Huber MOTION CARRIED

A Public Hearing was held to consider issuing an IFEC to Lake Fabricators Inc. d.b.a. Unique Truck Accessories.

Moved by Comm. Littman and seconded by Comm. Fisher to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $127,100.00 to Lake Fabricators Inc. d.b.a. Unique Truck Accessories, for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016.

WHEREAS, Lake Fabricators Inc., d/b/a Unique Truck Accessories 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 Lake Fabricators Inc., d/b/a Unique Truck Accessories, and WHEREAS, on September 7, 1993 the City Commission established the Industrial Development District for the industrial property of Lake Fabricators Inc., d/b/a Unique Truck Accessories, 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Lake Fabricators Inc., d/b/a Unique Truck Accessories for an “Industrial Facilities Exemption Certificate”. Voting yea: Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Huber MOTION CARRIED

City Manager Tod B. Mowery discussed the proposed changes to the restrictions of Subdivision No. 2 and other neighborhood considerations. Discussion followed.

Moved by Comm. Haas and seconded by Comm. Ludders to approve the amendments to the Declaration of Restrictions for Sturgis City Subdivision No. 2 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Ludders to approve the Sturgis City Subdivision No. 2 Lot Pricing and Special Assessment Costs as presented and that the assessments be made a part of the Declaration of Restrictions. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

City Intern Michael Stewart explained the proposed changes to the Chapter 96 ordinance and the City’s forestry program. Discussion followed.

Moved by Comm. Ludders and seconded by Comm. Sisson to consider the proposed Chapter 96 amendments to the City of Sturgis Code of Ordinances as the first reading. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm.Sisson and seconded by Comm. Haas to consider this the first reading to approve the recommendation of the Sturgis Planning Board to re-zone 109.87 acres, parcel ID’s 75-052- 777-288-00, 75-052-777-289-00, 75-052-777-290-00 from R-1 to M. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Fisher to approve the Professional Services Agreement with Fleis & Vandenbrink for Engineering and Construction Management for Screw Pump Back-Up Controls Replacement for an estimated amount of $13,500.00 and authorize the City Manager to sign the Agreement on behalf of the City. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Haas to authorize the payment of the City bills in the amount of $679,682.86, as presented. Voting yea: Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to ratify the Hospital bills in the amount of $1,391,557.69, as presented. Voting yea: Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to accept the proposed ordinance for the Deer Creek apartments as presented and consider this the first reading. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to adjourn the meeting. Voting yea: Seven Voting nay: None Absent: Austermann, Huber MOTION CARRIED

Meeting was adjourned at 9:06 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, FEBRUARY 11, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Pastor Doug Carr, Gateway Church of God

Commissioners present: Mayer, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Austermann, Ludders

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Deputy Chief of Police, City Engineer, Director of Economic Development, Department of Public Services Supervisor, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on January 28, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Mayor Sunday-Horstman read the following proclamation: “Building Partners With Our Future Generations” WHEREAS, in 1992, the Sturgis school system and the Chamber of Commerce formed the Business/Education Alliance, and WHEREAS, the Alliance’s first goal was to promote the school system to local business and industry, and WHEREAS, a second goal was to help promote the local community to the students and the opportunities in their hometown, and WHEREAS, a third goal was to provide the students with the tools, information, and experiences to help them to achieve the career of their choice, and WHEREAS, on the first visit, the Business Partners talked about their jobs and how it affected their lives and the community, and WHEREAS, on another visit, the Partners showed how writing is used at work, which allowed Mrs. Bird’s sixth grade class at Eastwood Elementary to help prepare this proclamation, and WHEREAS, on a later visit, that class got help with their math skills by learning about the City’s budget process. NOW, THEREFORE, BE IT RESOLVED that as Mayor of the City of Sturgis, I proclaim that Chey-Anne Alger, Katie Barnes, Brandon Bart, Kirsten Berg, Michael Boyle, Jose Canizal, Jose Carmona, Aby Fortoso, Rafael Gonzales, Melinda Hall, Jesus Hernandez, Amber Hill, Emilee Horstman, Nick Jent, Mary Lytle, Victoria Marski, Amberly McMillin, Jose Medoza, Scott Moore, Maritza Munoz, Lannie Opdycke, Ellie Patrick, Katie Purcell, Tyler Purcell, Giovanna Reyes, Kelsey Stepp, Elizabeth Sutton, Julio Vazquez, Matt Vazquez, and Maritza Villafuerte will all be great future leaders in our community.

Moved by Comm. Sisson and seconded by Comm. Haas to consider this the second reading and approve the recommendation of the Sturgis Planning Board to re-zone 109.87 acres, parcel ID’s 75- 052-777-288-00, 75-052-777-289-00, 75-052-777-290-00 from R-1 to M. AMENDMENT TO ZONING ORDINANCE PERTAINING TO ZONING MAP An Ordinance to amend Article III of the Zoning Ordinance of the City of Sturgis pertaining to the zoning map and to provide for an effective date of this Ordinance. 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 the zoning map to change the zoning designation of certain property from the R-1 Rural Residential to the M-Manufacturing zoning district. NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Article III of the Zoning Ordinance is hereby modified as follows, effective as of March 5, 2004. Section 1.0302(A), and the zoning map incorporated by reference therein, is hereby modified to provide that the following described property shall be in the M-Manufacturing district: Land situate in the City of Sturgis, St. Joseph County, Michigan, with the following parcel identification numbers: 75-052-777-288-00; 75-052- 777-289-00; and 75-052-777-290-00. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Littman to consider this the second reading and approve the Chapter 96 amendments to the City of Sturgis Code of Ordinances as presented.

AMENDMENT TO CHAPTER 96 An Amendment to Chapter 96 of the Ordinances of the City of Sturgis to add certain definitions, create an appeal procedure and to modify existing provisions of the Trees and Shrubs Ordinance. WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to amend Chapter 96 of the Ordinances of the City of Sturgis pertaining to regulation of trees and shrubs within the City; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Chapter 96 of the Ordinances of the City of Sturgis is hereby amended to provide as follows effective as of March 5, 2004. CHAPTER 96: TREES AND SHRUBS Section 96.01 Definitions 96.02 Public Tree Care 96.03 Appointment of City Forester 96.04 Permit Required to Plant, Trim or Destroy Tree on Street 96.05 Trees Overhanging Street or Sidewalk 96.06 Exceptions for Sidewalk, Sewer, or Public Improvements 96.07 Protection of Trees During Construction 96.08 Duties of City Forester; Advice to Private Property Owners 96.09 Vandalism, Arborcide Prohibited 96.10 Interference with City Forester or Employees Prohibited 96.11 Street Tree Species to be Planted 96.12 Spacing 96.13 Distance from Curb and Sidewalk 96.14 Distance from Street Corners and Fire Hydrant 96.15 Utilities 96.16 Tree Topping 96.17 Tree Removal on Private Property 96.18 Removal of Stumps 96.19 Replacement of Removed Public Trees 96.20 Appeal Process 96.21 Severability 96.99 Penalty § 96.01 Definitions Public Trees: “Public Trees” are herein defined as trees, shrubs, bushes and all other woody vegetation on land owned and controlled by the City. Street Trees: “Street Trees” are herein defined as trees on land lying between private property lines and all streets, avenues, or ways within the City. Park Trees: “Park Trees” are herein defined as Trees in public parks and all areas owned by the city, or to which the public has free access as a park. Topping: “Topping” is herein defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Caliper: “Caliper” is herein defined as the diameter in inches of the trunk six (6) inches above the base of the tree up to and including 4 inches in caliper, and 12 inches above the base of the tree if over 4 inches in caliper. DBH: “DBH (Diameter at Breast Height)” is herein defined as the diameter of tree trunks at four (4) feet six (6) inches above the base of the tree. § 96.02 Public Tree Care The City shall have the right to plant, prune, maintain and remove Street Trees and Park Trees as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such trees. The City Forester may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insects, or other pests. This Section does not prohibit the planting of Street Trees by adjacent property owners providing that the selection and location of said trees is in accordance with Section 96.11 through 96.15 of this ordinance. § 96.03 Appointment of City Forester The City Forester shall be appointed by the City Manager. § 96.04 Permit Required to Plant, Trim, or Destroy Trees or Shrubs No Street Tree or Park Tree shall be placed until the City Forester shall have first approved in writing the kind, type, variety, species, and size thereof, and the location thereof, and shall have first issued a permit therefore; and no person shall remove, trim, cut, break, deface, injure or destroy, or in any manner interfere with any Street Tree or Park Tree without a permit specifically describing the work to be performed by virtue of it. The permit shall be in writing, upon suitable uniform blank forms to be provided by the city, and shall be signed by the City Forester. No charge shall be made for the execution of the permit. Said Permit shall expire at the end of sixty days from the date of issue, or upon written revocation thereof by the City Forester for cause, the cause being a violation of the terms and intent of the permit by the applicant thereof, or by his agents or employees, and service of the written revocation upon the applicant shall be by registered mail, return receipt demanded, at his last known business address, or by personal service upon him thereof. § 96.05 Trees Overhanging Street or Sidewalk Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 10 feet above the surface of the sidewalk and 14 feet above the surface of the street. Said owner shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right to remove or prune any tree or shrub on private property when it interferes with the proper spread of light, electrical utility facilities, or interferes with visibility of any traffic control device or sign. § 96.06 Exception for Sidewalk, Sewer or Public Improvements Nothing in the chapter contained shall be so construed as to apply to the removal, under the direction of the City Manager, of any Street Tree or Park Tree or parts thereof, when such removal shall be necessary or advisable in the discretion of the City Manager for the construction of maintenance of any sidewalk, sewer, public utility, electric utility or public improvement. § 96.07 Protection of Trees During Construction In the erection, removal, alteration or repair of any building or structure, the owner or owners thereof shall previously thereto place or cause to be placed adequate guards and protection around all nearby Street Trees or Park Trees as will effectually prevent injury thereto. § 96.08 Duties of City Forester; Advice to Private Property Owners It shall be the duty of the City Forester or employees or persons working under his/her direction or control, to superintend, regulate, promote and encourage the preservation, maintenance, culture, planting, treatment and care of Street Trees or Park Trees; to direct the method and manner of trimming and caring for same; to designate the times for trimming and for treating same; to advise private property owners, without charge, in regard to the kinds of Street Trees and the location and planting thereof and as to their care, maintenance, preservation and treatment, and all other matters pertaining thereto, and to take such measures as he may deem necessary or advisable for the control and extermination of insects, pests and diseases which may harmfully affect such Street Trees or Park Trees. § 96.09 Vandalism, Arborcide Prohibited Unless specifically authorized in writing by the City Forester, no person or city agency shall intentionally damage, cut, carve, transplant or destroy any public tree; attach any rope, wire, nails, advertising posters or other contrivance to any such public tree; allow any gas, liquid or solid substance which is harmful to any such public tree to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any public tree. § 96.10 Interference with City Forester or Employees Prohibited No person shall willfully interfere with, hinder or prevent the City Forester, or employees or persons working under his/her direction or control, from exercising the rights, duties, powers and work herein provided. § 96.11 Street Tree Species to be Planted The City Forester will maintain, publish and make readily available to the public a list of suitable tree species, grouped into three (3) size classifications of small, medium and large, for planting as Street Trees. No species other than those included in this list may be planted as Street Trees without written permission of the City Forester. § 96.12 Spacing The spacing of Street Trees will be in accordance with the three species size classes listed in Section 96.11 of this ordinance, and no trees may be planted closer together than the following: Small trees, 30 feet; Medium trees, 40 feet; and Large trees, 50 feet, except in special plantings designed by a Landscape Architect and approved by the City Forester. § 96.13 Distance from Curb and Sidewalk The distance trees may be planted from curbs, or curb-lines and sidewalks will be in accordance with the three species size classes listed in Section 96.11 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: Small trees, 2 feet, Medium trees, 3 feet, and Large trees, 4 feet. § 96.14 Distance from Street Corners and Fire Hydrant No street Tree shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curb-lines. No Street Tree shall be planted closer than 10 feet to any fire hydrant. § 96.15 Utilities No Street Trees other than those species listed as Small Trees in Section 95.11 of this ordinance may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, electrical facilities or other utility. § 96.16 Tree Topping It shall be unlawful for any person, firm, or city department to engage in the Topping of any Street Tree or Park Tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Forester or Electrical Superintendent. § 96.17 Tree Removal on Private Property The City shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The City Forester will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the costs of removal as a tax against the owner’s property. § 96.18 Removal of Stumps All stumps of Street Trees and Park Trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. § 96.19 Replacement of Removed Public Trees Whenever a person or city agency obtains written permission from the City Forester to remove a public tree for the purpose of construction, public improvements or for any other reason, such person or agency shall subsequently replace the public tree within one (1) year of the issuance of the tree-removal permit in a location somewhere in the city to be determined by the City Forester, or have the city replace such public tree at the expense of the person who obtained such permission, unless the City Forester, for good cause, determines otherwise. Such replacement shall meet the standards of size, species and placement as provided for in the tree removal permit issued by the City Forester. Trees shall be replace by the caliper inch, such that for every inch of diameter (DBH) removed, an equal number of caliper inches shall be replaced [e.g., the removal of one (1) twelve-inch DBH tree shall necessitate the planting of six (6) two-inch caliper trees or four (4) three-inch caliper trees, etc.]. Wherever it is necessary to remove a street tree from a public right-of-way in connection with the paving of a sidewalk or the paving or widening of a street, the city or responsible agency or person shall replant such street tree or replace it. If conditions prevent planting in the right-or- way, this requirement may be satisfied by planting on the adjoining property if the property owner agrees. § 96.20 Appeal Process Should a dispute arise in the administering of the chapter, an appeal can be requested by petitioning, in writing, the City Forester. The city Forester will have fire (5) working days to reply in writing. Should this provide an unsatisfactory resolution, a second appeal can be requested by petitioning the City Manager. The City Manager will have ten (10) working days from the filing of the second appeal to replay in writing. Should this also provide an unsatisfactory resolution, a third appeal can be requested by petitioning the City Commission. The City Commission will act upon the petition within thirty (30) days from the date of receiving the petition. The decision of the City Commission shall be final. § 96.21 Severability Should any part or provision of the ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part there of other than the part held to be invalid. § 96.99 Penalty Whoever violates any provision of this chapter shall, upon a finding of responsibility for a civil infraction, be fined the sum specified in any fine schedules compiled, from time to time, by the city and filed with the court or a city agency of competent jurisdiction. 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 day period shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment in the county jail for a period not to exceed ninety (90) days, or both. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman to appoint Terry Koehl to the Board of Review to fill the unexpired term of Todd Galbraith through May 2005. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Haas to accept the resignation of Richard Earl from the Sturgis Housing Commission and send a letter of appreciation for his services. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to appoint Kathleen Notestine to fill the unexpired term of Richard Roy on the Library Board, until May 2007. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Fisher to set a Public Hearing for March 10, 2004 at 7:30 PM in the Wiesloch Raum of City Hall for consideration of the Special Assessment Roll for the 2002-2003 Sidewalk Repair Program. Voting yea: Seven Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to authorize the purchase of a 1989 Freightliner FLC112 tandem axle dump truck from VoMac Truck Sales and Service of New Haven, IN, for an amount not to exceed $45,500.00 pending a thorough inspection by City Staff. Voting yea: Mayer, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman that if the City is able to purchase the aforementioned dump truck, then City staff is further authorized to purchase an underbody scraper for that truck for an amount not to exceed $8,365.00 including installation. Voting yea: Mayer, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Haas to authorize the payment of the City bills in the amount of $1,246,901.19, as presented. Voting yea: Mayer, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to ratify the Hospital bills in the amount of $1,312,658.93, as presented. Voting yea: Mayer, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman to go into closed session for the purpose of discussing ongoing union negotiations. Voting yea: Mayer, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Austermann, Ludders MOTION CARRIED

The meeting recessed at 8:00 p.m. The meeting reconvened at 9:08 p.m.

Moved by Comm. Haas and seconded by Comm. Littman to ratify and approve the contract between the City of Sturgis and the International Association of Firefighters Local 722 through September 30, 2009 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Huber Ludders MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Mayer to adjourn the meeting. Voting yea: Seven Voting nay: None Absent: Austermann, Huber Ludders MOTION CARRIED

Meeting was adjourned at 9:09 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, FEBRUARY 25, 2004 WIESLOCH RAUM - CITY HALL

Vice-Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Ross Gerber, Grace Christian Fellowship

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas Commissioners absent: Mayor Sunday-Horstman

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Chief of Police, Department of Public Services Supervisor, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on February 11, 2004 as amended to show Comm. Huber present and Comm. Ludders absent on the final two motions. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

City Clerk/Treasuer Kenneth Rhodes provided information related to the use of a consent agenda at City Commission meetings. Discussion followed.

Jim Vicalvi, 306 North Lakeview, asked who is responsible for the tree cutting throughout the City. City Manager Tod B. Mowery explained that Tim Charles and AEP coordinate the cutting of trees for protection of the electric power lines.

Moved by Comm. Ludders and seconded by Comm. Mayer to consider this the first reading to approve the recommendation of the Sturgis Planning Board to re-zone 901 and 903 S. Orange, specifically Lots 4 & 5 of the 7th Block of the Frank W. Waits Highland Addition with parcel ID’s 75-052-640-055-00 and 75-052-640-056-00, from R-3 to BH. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Discussion was held on a request from Forest Lake Partners IV LLC to engage the services of an industrial broker for the purposes of selling the Sturgis Machining properties.

Moved by Comm. Sisson and seconded by Comm. Austermann to accept the resignation of Gail Suess-Brandow from the Auditorium Board and send a letter of recognition for her service. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to authorize City Staff to investigate and purchase for the City of Sturgis a lot from Citizens Bank (Parcel No. 75-052-040-229-00) for an amount not to exceed $30,000.00. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Mayer and seconded by Comm. Austermann to postpone consideration on the adoption of a resolution allowing Forest Lake Partners IV LLC to engage the services of an industrial broker for the purposes of selling the Sturgis Machining properties until a future meeting. Voting yea: Seven Voting nay: None Absent: Sunday-Horstman Abstain: Haas MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $742,576.71, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Austerman and seconded by Comm. Huber to ratify the Hospital bills in the amount of $1,358,511.11, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

City Manager Tod B. Mowery provided some information related to a possible M-66 bypass. Discussion followed.

Police Chief Alli explained the Police Department has received the 2003 Michigan Association of Chiefs of Police Award for Excellence in Traffic Safety.

Moved by Comm. Littman and seconded Comm. Ludders to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Meeting was adjourned at 9:12 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MARCH 10, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Father Stanley, Holy Angels Church

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Director of Economic Development, Electric Department Superintendent, Chief of Police, Department of Public Services Supervisor, City Controller, City Clerk

Moved by Comm. Ludders and seconded by Comm. Austermann to approve the minutes from the previously scheduled regular meeting on February 25, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Mayer to consider this the second reading and approve the recommendation of the Sturgis Planning Board to re-zone 901 and 903 S. Orange, specifically Lots 4 & 5 of the 7th Block of the Frank W. Waits Highland Addition with parcel ID’s 75-052-640-055-00 and 75-052-640-056-00, from R-3 to BH. AMENDMENT TO ZONING ORDINANCE PERTAINING TO ZONING MAP An Ordinance to amend Article III of the Zoning Ordinance of the City of Sturgis pertaining to the zoning map and to provide for an effective date of this Ordinance. 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 the zoning map to change the zoning designation of certain property from the R-3 Residential to the B-H Business Highway zoning district. NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Article III of the Zoning Ordinance is hereby modified as follows, effective as of April 5, 2004. Section 1.0302(A), and the zoning map incorporated by reference therein, is hereby modified to provide that the following described property shall be in the B-H Business Highway zoning district: Land situate in the City of Sturgis, St. Joseph County, Michigan, located at 901 and 903 South Orange and with the following parcel identification numbers: 75-052-640-055-00 and 75-052-640-056-00. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to consider this the second reading and approve the Deer Creek Apartments PILOT Ordinance as presented. AMENDMENT TO TITLE XV OF THE ORDINANCES OF THE CITY OF STURGIS

An ordinance to amend Title XV of the ordinances of the City of Sturgis adding Chapter 158 pertaining to the granting of a service charge in lieu of taxes for a multiple family dwelling project. WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to create an ordinance providing for a service charge in lieu of taxes for a multiple family dwelling project for persons of low income to be financed or assisted pursuant to the provisions of the State Housing Development Authority Act of 1966, as amended. NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: TITLE XV, CHAPTER 158: PILOT ORDINANCE, is hereby added to the ordinances of the City of Sturgis to provide as follows effective as of April 5, 2004: § 158.01 This Ordinance shall be known as the Deer Creek Apartments PILOT Ordinance. § 158.02 Purpose It is acknowledged that it is a proper public purpose of the State of Michigan an its political subdivisions to provide housing for its citizens of low income and to encourage the development of such housing by providing for a service charge in lieu of property taxes in accordance with the State Housing Development Authority Act of 1966 (1966 PA 346, as amended, MCL 125.1401, et seq). The City is authorized by this Act to establish or change the service charge to be paid in lieu of taxes by any or all classes of housing exempt from taxation under this Act at any amount it chooses, not to exceed the taxes that would be paid but for this Act. It is further acknowledged that such housing for persons of low income is a public necessity, and as the City will be benefited and improved by such housing, the encouragement of the same by providing certain real estate tax exemption for such housing is a valid public purpose; further, that the continuance of the provisions of this Ordinance for tax exemption and the service charge in lieu of taxes during the period contemplated in this Ordinance are essential to the determination of economic feasibility of the housing development which is to be constructed and financed in reliance on such tax exemption and service charge. The City acknowledges that Deer Creek Sturgis Limited Dividend Housing Association Limited Partnership (the “Sponsor”) has offered, subject to receipt of a Mortgage Loan from the Michigan State Housing Development Authority, to erect, own and operate a housing development identified as Deer Creek on certain property located in the City to serve persons of low income, and that the Sponsor has offered to pay the City on account of this housing development an annual service charge for public services in lieu of taxes. § 158.03 Definitions (1) “Act” or “the Act” means the State Housing Development Authority Act, being Michigan Public Act 346 of 1966, as amended; MCL 125.1401 et seq. (2) “Annual shelter rent” means the total collections during an agreed annual period from all occupants of a housing development representing rent or occupancy charges, exclusive of charges for gas, electricity, heat, or other utilities furnished to the occupants.

(3) “Authority” means the Michigan State Housing Development Authority. (4) “City” means the City of Sturgis, a Michigan municipal corporation. (5) “Commencement of construction” means the commencement of new construction of what is commonly referred to as Deer Creek Apartments, located adjacent to Quail Run III and east of Fawn River Apartments on Cato Lane, Sturgis, Michigan. (6) “Housing development” means a development which contains a significant element of housing for persons of low income and such elements of other housing, commercial, recreational, industrial, communal, and educational facilities as the authority determines improve the quality of the development as it relates to housing for persons of low income. (7) “Housing development project” means the construction of rental housing, which will be commonly referred to as Deer Creek Apartments, located within the City of Sturgis adjacent to Quail Run III and east of Fawn River Apartments on Cato Lane, consisting of approximately 40 units. (8) “Low income persons or families” means low income persons or families as defined in Section 15(a)(7) of the Act. (9) “Mortgage loan” means a Federally-aided or Authority-aided mortgage or advance from the Authority, as defined in the Act, to the Sponsor for the construction and/or permanent financing of the Housing Development. (10) “Sponsor” means person(s) or entity(ies) which have applied to the Authority for a mortgage loan or for an allocation under the low income housing tax credit program to finance the project. The sponsor under the Deer Creek Apartments PILOT Ordinance is Deer Creek Sturgis Limited Dividend Housing Association Limited Partnership. (11) “Utilities” means fuel, water, sanitary sewer service, and/or electrical service which are paid by the housing development. § 158.04 Class of Housing Development It is determined that the class of Housing Developments to which the tax exemption shall apply and for which a service charge shall be paid in lieu of such taxes shall be housing developments that are financed or assisted pursuant to the Act. It is further determined that the Housing Development Project defined in this Ordinance is of this class. § 158.05 Establishment of Annual Service Charge in Lieu of Property Taxes (1) Subject to the conditions precedent in this section, the housing development project and the property on which it is situated shall be exempt from all property taxes for not more than fifty years from and after the commencement of construction. The City acknowledges that the sponsor and the authority have established the economic feasibility of the housing development project in reliance upon the enactment and continuing effect of this ordinance and the qualification of the housing development project for the exemption from all property taxes and a payment in lieu of taxes as established in this Ordinance, and in consideration of the sponsor’s offer, subject to receipt of a mortgage loan to own and operate the housing development project. The City agrees to accept payment of an annual service charge for public services in lieu of all property taxes, provided the sponsor furnishes the City with proof of its annual certification pursuant to the requirements of the Act and at the request of the City, and proof that the housing development project units have not increased, decreased or been altered in any form, unless the City has otherwise amended the provisions of this ordinance. (2) In addition to the annual certification requirement in paragraph (1) of this subsection, the tax exemption shall commence upon execution of the Consent Judgment and entry by the Court, which will result in resolution of Deer Creek Sturgis Limited Dividend Housing Association, et al. v. City of Sturgis, et al, filed in the United States District Court for the Western District of Michigan, case number 5:03-cv-69; and upon the sponsor providing the City with an affidavit, certified by the authority that the project is eligible for the exemption, in compliance with Section 15a of the Act. (3) The annual service charge shall be equal to four percent (4%) of the difference between the annual shelter rents actually collected and utilities. § 158.06 Limitation on the Payment of the Annual Service Charge Notwithstanding subsection (e), the service charge to be paid each year in lieu of taxes for the part of the housing development project which is tax exempt and which is occupied by other than low income persons or families shall be equal to the full amount of the taxes that would otherwise be due and payable on that portion of the housing development project if the project were not tax exempt. § 158.07 Payment of Service Charge The service charge in lieu of taxes as determined under this section shall be payable in the same manner as general property taxes are payable to the City, except that the annual payment shall be paid on or before June 1 of each year. § 158.08 Contractual Effect of Ordinance Notwithstanding the provisions of Section 15(a)(5) of the Act to the contrary, a contract between the City and the sponsor, with the authority as third party beneficiary under the contract, to provide tax exemption and accept payments in lieu of taxes, as previously described, is effectuated by enactment of this Ordinance. § 158.09 Duration; Commencement of Construction (1) The property tax exempt status of the housing development project approved by this section shall remain in effect and shall not terminate so long as the mortgage loan for the housing development project remains outstanding and unpaid, or for such period as the authority or other governmental entity has any interest in the property or the project is subject to income and rent restrictions under §42 of the Internal Revenue Code, as amended; provided that the construction of the housing development project commences within one year from the effective date of this section, and that the number of units and the purposes for the housing development project remain unchanged, subject to amendment in accordance with the law. If the construction of the housing development project does not commence within one year from the effective date of this Ordinance, this Ordinance shall automatically expire, terminate and be of no effect. If the sponsor changes the scope or purpose of the housing development project without the consent of the people of the City, by and through its representatives, and in accordance with the requirements of the law, this Ordinance shall automatically expire, terminate and be of no effect. (2) Except as provided in paragraph (1) of this subsection, the exemption from property taxes shall terminate not later than fifty years from and after the date of the commencement of construction. Voting yea: Nine Voting nay: None MOTION CARRIED

Economic Development Corporation Director John Hayes and Special Counsel John Bush provided explanation on the potential sale of the assets of FLP IV. Discussion followed.

Moved by Comm. Sisson and seconded by Comm. Austermann to approve the request consenting to the assignment for the benefit of creditors between Sturgis Bank, Sturgis Machining, and Rally Capital. Voting yea: Eight Voting nay: None Abstain: Haas MOTION CARRIED

A Public Hearing was held on the Special Assessments for the 2002-2003 Sidewalk Repair Program

Moved by Comm. Haas and seconded by Comm. Fisher to approve the spread of Special Assessments for the 2002-2003 Sidewalk Repair Program as presented. RESOLUTION WHEREAS, the City Commission has determined the spread of Special Assessments for the 2002- 2003 Sidewalk Repair Program on: E. Chicago 125, 205, 401, 507, 707, 1560 W. Chicago 606 N. Clay 208 S. Clay 602, 604 E. Congress 105, 106, 107, 108, 203, 205, 305, 307, 401, 403, 406, 421 W. Congress 700 Cornelia 106, 108, 611 Cottage 508 E. Electric 202, 204, 206, 210, 225 W. Electric 204, 205, 212, 214, 216, 228 N. Electric 501 S. Electric 503, 505 Enterprise 404 First 206 N. Fourth 621 S. Fourth 200, 401 Griffith 1412, 1425 E. Hatch 1008 Jean 217, 610, 614 N. Jefferson 211 John 307 S. Lakeview 111, 407 Laurel 602, 603, 605, 606, 607, 608 S. Maple 201, 203, 205, 315 Mechanic 401, 411, 500, 503, 604 Michigan 401, 501, 608 S. Monroe 126, 127, 128, 200, 201 Myrtle 503, 507, 509, 511, 601 North 403 S. Nottawa 114, 120, 122, 124, 132, 200, 204, 205, 210, 214, 402, 506 S. Ohio 912 S. Orange 109 N. Prospect 621 Surprise 213 Vinewood 104 Walker 414, 501, 507, 509 Washington 208 E. West 600 Wilson 600, 602, 606, 608, 613, 703, 707 THEREFORE, BE IT RESOLVED, that a Special Assessment District was created for assessments of costs of repair of existing sidewalks against the respective property owners; that the assessments were computed on the basis of 50% property owner cost and 50% City cost; that payment of these assessment be made in not more than five (5) annual installments, with interest at 6% per annum, in lieu of payment in full, to the Treasurer of the City of Sturgis, BE IT FURTHER RESOLVED, existing sidewalks have been repaired thereon and the cost of the project be spread on the tax rolls and assessed against the abutting properties on a front foot basis as determined by the City Assessor. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to reject all the bids related to mowing and lawn maintenance. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Mayer to adopt the Electric Facilities Agreement between the City of Sturgis and Tom Templin to provide electric service to the new residential development phase (60 lots) at Island Hills Golf Course. Voting yea: Eight Voting nay: None Abstain: Sisson MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to approve the appointment of Commissioner Barbara Fisher to serve as a voting member of the Sturgis Housing Commission and to fill the unexpired term of Richard Earl. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $1,406,146.20, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austerman and seconded by Comm. Huber to ratify the Hospital bills in the amount of $2,033,432.19, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

The City Commission will hold a special meeting on March 31, 2004 at 7:00 p.m. in the conference room of City Hall to discuss the City Manager evaluations.

Moved by Comm. Austermann and seconded by Comm. Ludders to go into closed session for the purpose of discussing ongoing litigation and the purchase of property. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

The meeting recessed at 8:15 p.m. The meeting reconvened at 8:57 p.m.

Moved by Comm. Haas and seconded by Comm. Austermann to direct the City Attorney to negotiate an amended purchase agreement for the Ram property for a purchase price not-to-exceed $530,000.00 and to perform a Phase II Environmental Assessment at the City’s cost for an amount not-to-exceed $20,000.00 and if any environmental remediation of the property is necessary, then the cost of that remediation would be paid by the City and deducted from the purchase price of the property. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded Comm. Littman to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 9:30 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION MONDAY, MARCH 22, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Roger Moyer, Sturgis Evangelical

Commissioners present: Austermann, Mayer, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Ludders, Huber

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Director of Economic Development, Chief of Police, Department of Public Services Supervisor, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on March 10, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Mayor Sunday-Horstman read the following Proclamation: Child Abuse Awareness Month WHEREAS, child abuse prevention is a community problem and finding solutions depends on involvement among people throughout the community; and WHEREAS, statistics of children who are abused and neglected escalate each year; and WHEREAS, the effects of child abuse are felt by whole communities, and need to be addressed by the entire community; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, youth-serving prevention programs offer positive alternatives for young people and encourage youth to develop strong ties to their community; and WHEREAS, all citizens should become more aware of child abuse and its prevention within the community, and become more involved in supporting parents to raise their children in a safe, nurturing environment; and NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I hereby proclaim that the entire month of April shall be observed as Child Abuse Prevention Month, and call upon all citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live.

Jan Hendrick, on behalf of the CAN Council, expressed further thoughts on Child Abuse Prevention Month and asked each person to turn on their porch lights on April 4 in observance of this.

Moved by Comm. Haas and seconded by Comm. Littman to recess its regular meeting and convene as the Sturgis Housing Development Corporation. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Director Littman and seconded by Director Haas to approve the sale of a portion of Lot 6 and a portion of Lot 10 situated in Block 52 of the Watson’s Addition as presented and authorize the President of the Sturgis Housing Development Corporation to sign all necessary documents. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Director Littman and seconded by Director Fisher to approve the increase of $1,250.00 to Oxender, Inc. for the 208 N. Prospect Project upon completion of all work. Voting yea: Austermann, Mayer, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Director Fisher and seconded by Director Littman to adjourn its regular meeting and reconvene as the Sturgis City Commission. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Littman to set a Public Hearing for April 28, 2004 at 7:30 PM in the Wiesloch Raum of City Hall for consideration of establishing a Special Assessment District for the 2004 Sidewalk Repair Program. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Fisher to approve the Agreement for Professional Engineering Services between the City of Sturgis and DLZ Michigan, Inc. and authorize the City Manager to sign the Agreement for Professional Services with DLZ Michigan, Inc. Under the Agreement for Professional Service, DLZ Michigan, Inc. will provide engineering services for the wetland delineation at a lump sum cost of $7,967.88 with the estimated City cost being $398.39. Voting yea: Austermann, Mayer, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Mayer to approve Engineering Amendment 01 to the Agreement for Professional Engineering Services, RWJ J/N: 20036461.10, between the City of Sturgis and R.W. Armstrong and Associates, Inc. and authorize the City Manager to sign the Engineering Amendment 01. Under the Engineering Amendment 01, R.W. Armstrong and Associates, Inc. will provide engineering services for the widening of runway 18/36 at a lump sum cost of $43,200.00 with the estimated City cost being $4,320.00. Voting yea: Austermann, Mayer, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to award the construction contract for the Progress Street Basin Diversion in the amount of $154,285.00 to Morris Leasing Company, LTD and authorize the City Manager to sign the contract documents on behalf of the City. Voting yea: Austermann, Mayer, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman to set a public hearing date of April 14, 2004 at 7:30 p.m. in the Wiesloch Raum of City Hall for consideration of an Industrial Facilities Exemption Certificate to Vulcan Industries. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $612,412.61, as presented. Voting yea: Austermann, Mayer, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Moved by Comm. Austerman and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,435.320.22, as presented. Voting yea: Austermann, Mayer, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders, Huber MOTION CARRIED

City Manager Tod B. Mowery provided the Commission with an update on the ambulance service.

City Manager Tod B. Mowery explained that the Large Item Pick-Up will occur on May 1 and May 8, 2004, but items containing Freon will not be accepted, unless the Freon is emptied and approved by Camburn Appliance.

Moved by Comm. Littman and seconded Comm. Austermann to adjourn the meeting. Voting yea: Seven Voting nay: None Absent: Ludders, Huber MOTION CARRIED

Meeting was adjourned at 8:45 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, APRIL 14, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Calvin Kolzow, Trinity Lutheran Church

Commissioners present: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Mayor Sunday- Horstman Commissioners absent: Austermann, Haas

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Director of Economic Development, Electric Department Superintendent, Director of Parks and Recreation, DDA Director, Chief of Police, Department of Public Services Supervisor, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on March 22, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Sisson to approve the minutes from the previously scheduled special meeting on March 31, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Mayor Sunday-Horstman read the following proclamation:

WHEREAS, Clark Walter Tribbett and his wife Ethel opened Tribbett 5 and 10 Cent Store in 1904; and WHEREAS, C. W. Tribbett expanded the business in 1912 to include clothing for women; and WHEREAS, Tribbett’s aided the newspaper during the depression by continuing to advertise and support the community; and WHEREAS, the Riley family purchased Tribbett’s in 1956 and Jack Riley became manager in 1970; and WHEREAS, Tribbett’s has supplied quality merchandise to both the Sturgis area and loyal customers across the United States; and WHEREAS, Jack and his wife Burt Riley continue to be valued and involved members of the Sturgis Community. NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I congratulate Tribbett’s on one hundred years of business and thank them for being an integral part of what makes downtown Sturgis so great.

Mayor Sunday-Horstman read the following proclamation:

WHEREAS, Harry and Leone Willer took a chance on a dream and opened Willer’s Shoes in downtown Sturgis in 1934; and WHEREAS, Willer’s has diligently served over five generations of loyal customers; and WHEREAS, Flicka, Fury, Beauty, and Ginger, the horses on Willer’s carrousel, have delighted the children of Sturgis for many years; and WHEREAS, Todd Maynard, after faithfully assisting the Willers for many years, purchased the store twenty years ago; and WHEREAS, Todd, his wife Dianna, and their children, are extremely active in the Sturgis Community; and WHEREAS, outstanding customer service and quality products allow Willer’s to continue to be successful. NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I congratulate Willer’s Shoes on seventy years of business and thank them for being an integral part of what makes downtown Sturgis so great.

Mayor Sunday-Horstman read the following resolution:

Whereas, it has been approximately one and one-half years since Tod B. Mowery was hired as the City Manager for the City of Sturgis; and WHEREAS, the Sturgis City Commission has recently conducted an evaluation regarding Mr. Mowery’s performance as the City Manager; and WHEREAS, the Sturgis City Commission desires to convey its continued support and approval in regards to Mr. Mowery’s performance as City Manager. NOW THEREFORE BE IT RESOLVED, that the Sturgis City Commission finds that the performance of its City Manager, Tod B. Mowery, since taking on the responsibilities of City Manager through the date of this Resolution, has been superior and has met all expectations that were established when he was hired; and BE IT FURTHER RESOLVED, that the energy and attitude that Mr. Mowery has brought to the City of Sturgis has established a much needed positive outlook for the future of the City of Sturgis and its surrounding areas, and the Commission is confident that Mr. Mowery will lead the City of Sturgis to continued success.

CEO of Sturgis Hospital provided the City Commission an update on the Master Plan for the Hospital. Discussion followed.

Fire Chief Michael Houck and EMS Director Scott Hopkins introduced the staff of the new ambulance service.

Moved by Comm. Ludders and seconded by Comm. Fisher to recess its regular meeting and convene as the Sturgis Housing Development Corporation. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Assistant City Manager/Community Development Director Todd Campbell and Sturgis Neighborhood Program Director Monica Smith provided the City Commission with an update on recent activities with the MSHDA program. Discussion followed.

Moved by Dir. Littman and seconded by Dir. Mayer to approve the amended total project cost of $117,403.00 for 302 N. Lakeview (MSHDA ADR Grant Project No. 1) as presented and authorize the President of the Sturgis Housing Development Corporation to sign all necessary documents. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Dir. Littman and seconded by Dir. Ludders to approve the purchase of 608 George Street for the MSHDA ADR Grant Project No. 2 for a total project cost not to exceed $75,350.00 and authorize the President of the Sturgis Housing Development Corporation to sign all necessary documents. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Dir. Ludders and seconded by Dir. Littman to adjourn its regular meeting and reconvene as the Sturgis City Commission. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to approve the purchase of one (1) new Chevrolet Impala Patrol Cruisers from Berger Chevrolet of Grand Rapids, MI (contract #071B4200124 per Mich. Spec. 3905-0009) for the Police Department, not to exceed $19,955.25 as presented and authorize the City Controller to sign all necessary documents. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to approve the purchase of two (2) new Scag Mowers from Finnermans Farm & Garden Service, Inc. of Centreville, MI for the Cemetery/Parks Department, not to exceed $22,476.22 as presented and to authorize the City Controller to sign all necessary documents. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Huber to approve the purchase of one (1) new John Deere 5320 Utility Tractor from Finnermans Farm & Garden Service, Inc. of Centreville, MI for the Cemetery/Parks Department at a cost not to exceed $27,647.39 as presented and to authorize the City Controller to sign all necessary documents. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to adopt the Electric Revenue Refunding Bonds Resolution as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Ludders to approve the request from the Michigan Antique Model Airplane Club to hold their Summer Contest on Saturday, June 26th and Sunday, June 27th subject to the four conditions listed in the Airport Advisory Committee minutes of April 17, 2001. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Ludders to adopt the resolution as presented to accept Clark Street into the City Major Street System. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to approve the Master Agreement for Professional Services between the City of Sturgis and Fleis & VandenBrink Engineering, Inc. and authorize the City Manager to sign the Agreement on behalf of the City. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Littman to approve Task Order #1 in the amount of $23,400.00 to the Master Agreement for Professional Services between the City of Sturgis and Fleis & VandenBrink Engineering, Inc. and to authorize the City Manager to sign the Task Order on behalf of the City. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to approve Task Order #2 in the amount of $35,900.00 to the Master Agreement for Professional Services between the City of Sturgis and Fleis & VandenBrink Engineering, Inc. and to authorize the City Manager to sign the Task Order on behalf of the City. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Fisher to award the roof replacement of Powerhouse A to Hoekstra Roofing of Kalamazoo, MI, in the amount of $21,345.00 per their bid and StructureTec’s specifications. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Mayer to allow the CROP Walk Organization to hold their annual event on Sunday April 25, 2004 from 1:00 pm to 4:00 pm. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

City Manager Tod B. Mowery presented the proposal of a six month moratorium on provisions of Chapter 90 of the City of Sturgis Ordinances. Discussion followed.

Moved by Comm. Littman and seconded by Comm. Mayer to adopt a 6 month moratorium on all provisions of Chapter 90 of the City of Sturgis Animal Control Ordinance as it relates to CATS, with the exception of 90.01 (A) and (B) maintaining provisions that prohibit any person from allowing a dog or cat to run at large at any time beyond the limits of their land. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

City Manager Tod B. Mowery provided information on different methods of traffic calming. Discussion followed.

Moved by Comm. Fisher and seconded by Comm. [Ludders] to delay the placement of traffic calming humps as provided. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to appoint Commissioners Haas, Mayer, and Sisson to review the recommendations, with legal counsel and city staff, of the Charter Review committee, for the purpose of preparing Charter amendments to be voted upon by City Electors. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Sturgis Area Chamber of Commerce Director Cathi Garn and DDA Director Kim Musolff provided information related to Michigan Week Festivities.

Moved by Comm. Huber and seconded by Comm. Ludders to approve the closing of US 12 from Clay Street to Nottawa Street from10:00 am through 8:00 pm on May 14 and May 15, 2004 and the closing of North Street from US 12 to West Street and Pleasant Street from US 12 to Williams Street from Thursday May 13, 2004 at 6:00 pm to Sunday May 16, 2004 at 10:00 am and to approve the parade route as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to authorize the payment of the City bills in the amount of $1,168,702.79, as presented. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to ratify the Hospital bills in the amount of $4,038,024.37, as presented. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

The City Commission will hold a special meeting on April 21, 2004 at 7:00 pm in the Wiesloch Raum of City Hall.

The City Commission thanked the Fire Department, the Red Cross, and all the other volunteers for their fine work with the Stoughton Estates Fire.

Moved by Comm. Ludders and seconded by Comm. Littman to go into closed session for the purpose of discussing ongoing labor negotiations. Voting yea: Mayer, Ludders, Huber, Fisher, Littman, Sisson, Sunday-Horstman Voting nay: None Absent: Austermann, Haas MOTION CARRIED

The meeting recessed at 9:54 p.m. The meeting reconvened at 10:00 p.m.

Moved by Comm. Ludders and seconded by Comm. Fisher to ratify and approve the contract between the City of Sturgis and the International Brotherhood of Electrical Workers Local 1392 from March 1, 2004 through February 29, 2008 as presented. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Moved by Comm. Ludders and seconded Comm. Mayer to adjourn the meeting. Voting yea: Seven Voting nay: None Absent: Austermann, Haas MOTION CARRIED

Meeting was adjourned at 10:02 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, APRIL 28, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Pastor Randy Wojciechowski, Grace Christian Fellowship

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Director of Economic Development, Electric Department Superintendent, Deputy Chief of Police, Chief of Fire, Library Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Austermann to approve the minutes from the previously scheduled regular meeting on April 14, 2004 as amended to show Comm. Ludders as the second to the motion related to traffic calming. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Ludders to approve the minutes from the previously scheduled special meeting on April 21, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Jill Peck from the Sturgis Library provided the City Commission with a report on the library’s activities related to National Library Week. She also presented the Commission with a poster signed by patrons expressing their support of the library.

Deputy Chief of Police Dave Northrup introduced new officer Matt Boerman.

Sturgis Hospital CEO Robert LaBarge and Pat Horan of Plante and Moran presented the City Commission with a report on the Hospital Audit for the previous fiscal year. CFO Connie Downs presented a statement of operations for the most recent six month period.

Robert Magness asked the Commission about the potential decrease in the budget of the Sturgis Library and asked the funds not be cut. Mayor Sunday-Horstman explained that the Commission and City Staff are currently working on the budget and although there may be difficult decisions to be made, the Commission will strive to continue many of the wonderful programs provided by the City. A Public Hearing was held related to the creation of a Special Assessment District for the 2004 Sidewalk Repair Program.

Moved by Comm. Ludders and seconded by Comm. Austermann to create a Special Assessment District for the 2004 Sidewalk Repair Program as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

A Public Hearing was held related to awarding an IFEC to Vulcan Industries, Inc.

Moved by Comm. Austermann and seconded by Comm. Littman to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $180,000.00 to Vulcan Industries, Inc., for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016. WHEREAS, Vulcan Industries, 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 Vulcan Industries, Inc., and WHEREAS, on March 27, 1985 the City Commission established the Industrial Development District for the industrial property of Vulcan Industries, 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Vulcan Industries, Inc. for an “Industrial Facilities Exemption Certificate”. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Mayer to approve the purchase of an anesthesia machine for Sturgis Hospital from Datex-Ohmeda, for an amount not-to-exceed $67,153.76. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Ludders to award the purchase of one (1) lot of pole mount transformers to WESCO, Daleville, Indiana, in the amount of $14,825.00. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Fisher to award the purchase of one (1) truck load of 35 foot, Class 4 wool poles to Thomasson Lumber, Philadelphia, Mississippi, in the amount of $7,800.00. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Ludders to award the 2004 substation preventative maintenance contract to Utilities Instrumentation Service, Ypsilanti, Michigan, in the amount of $39,905.00. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Haas to approve the purchase of 2 new Ford FOCUS’ from Gorno Ford out of Woodhaven, MI, per Michigan Contract #071B4200123, Spec. #3905-0004, through the State of Michigan’s Extended Purchase Program (MiDEAL), at a purchase price of $9,965.00 each for a cost of $19,930.00 plus $825.50 in delivery cost, at a total cost for 2 vehicles of $20,782.50 and authorize the City Manager to sign all necessary documents. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Ludders to approve the Amendment to Block Grant Contract No. 2004-0059 between the City of Sturgis and the Michigan Department of Transportation providing for the Pavement Widening and Electrical for Runway 18/36 for the Kirsch Municipal Airport and authorize the City Manager to sign the contract for a lump sum additional cost of $46,200.00 with the City portion being $4,620.00. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Fisher to approve the recommendation from the Planning Board and appoint Langworthy, Strader, LeBlanc and Associates as the planning consultant firm to the City of Sturgis. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman that the Sturgis City Commission release its lien on all equipment owned by FLP Holdings IV, LLC. Voting yea: Eight Voting nay: None Abstain: Haas MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Litman to authorize the payment of the City bills in the amount of $2,302,176.39, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,490,208.35, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Ludders to accept the resignation of Robert Kline from the Sturgis Housing Commission and send a letter of recognition for his services. Voting yea: Nine Voting nay: None MOTION CARRIED

City Attorney Roger Bird provided the Commission with an update on activities related to dealing with the railroad companies in the City.

Moved by Comm. Ludders and seconded Comm. Littman to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 9:02 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MAY 12, 2004 WIESLOCH RAUM - CITY HALL

Vice-Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Brian Poole, Sturgis Wesleyan Church

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas Commissioners absent: Mayor Sunday-Horstman

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Director of Economic Development, Deputy Chief of Police, Chief of Fire, Library Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Ludders to approve the minutes from the previously scheduled work session on April 28, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Sisson, Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Austermann to approve the minutes from the previously scheduled regular meeting on April 28, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Sisson, Sunday-Horstman MOTION CARRIED

Michael Gay, 1006 Lauri Lane, expressed his concern related to the Ambulance Service and how it deals with transfers and the use of ALS and BLS units.

Vice-Mayor Haas opened the Public Hearing related to the proposed 2004-2005 City of Sturgis Budget.

City Manager Tod B. Mowery gave the City Commission and the public a presentation detailing the proposed 2004-2005 City of Sturgis Budget.

Comm. Sisson joined the meeting.

Robert Magness wanted to know where the budget is available. City Manager Tod B. Mowery explained that it is available in the City Clerk’s Office.

Victoria Fisher, 201 McKee Street, requested that the budget of Library not be cut so deep. She explained how proud she is of the services of the City of Sturgis Library.

Virginia Horn, 1105 South Ohio Ct, echoed the views of Ms. Fisher.

Vice-Mayor Haas closed the Public Hearing.

Moved by Comm. Littman and seconded by Comm. Ludders to approve the proposed 2004 - 2005 annual City of Sturgis budget resolution as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

EDC Director John Hayes gave the City Commission and the public a presentation detailing the creation of a Neighborhood Enterprise Zone.

Vice-Mayor Haas opened the Public Hearing related to creation of a Neighborhood Enterprise Zone.

Discussion followed.

Vice-Mayor Haas closed the Public Hearing related to creation of a Neighborhood Enterprise Zone.

Moved by Comm. Austermann and seconded by Comm. Fisher to approve Block Grant Contract No. 2004-0259 between the City of Sturgis and the Michigan Department of Transportation providing for the Wetland Delineation and Categorical Exclusion for Runway 18 for the Kirsch Municipal Airport and authorize the City Manager to sign the contract for a lump sum cost of $9,600.00 with the City portion being $480.00. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Huber to award the Wastewater Treatment Facility MLSS Pump Control Replacement Project to the low bidder Windemuller Electric of Wayland, Michigan, in the amount of $24,442.00. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Huber to accept the resignation of Robert Sisson from the Sister City Committee, effective May 26, 2004, and send a letter of recognition for his service. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Austermann to allow the VFW to sell poppies from the Michigan Week festivities through Memorial Day. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Litman to authorize the payment of the City bills in the amount of $580,589.97, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,473,538.34, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Meeting was adjourned at 8:45 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, MAY 26, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Lorraine Bolley, Gateway Church of God

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Director of Economic Development, Deputy Chief of Police, Chief of Fire, Library Director, Electric Department Superintendent, Auditorium Director, DDA Director, EMS Director, City Clerk

Moved by Comm. Fisher and seconded by Comm. Ludders to approve the minutes from the previously scheduled regular meeting on May 12, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to approve the minutes from the previously scheduled special meeting on May 19, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Mayor Sunday-Horstman read the following proclamation for Arbor Day:

WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees are a source of joy and spiritual renewal, and WHEREAS, the City of Sturgis has been recognized as a TREE CITY USA by the National Arbor Day Foundation and desires to continue its tree-planting ways, NOW, THEREFORE, I, Lucinda Sunday-Horstman, Mayor of the City of Sturgis, do hereby proclaim Friday, May 28, 2004 as ARBOR DAY in the City of Sturgis, and I urge all citizens to support efforts to care for our trees and woodlands and to support our City's community forestry program, and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations.

Mayor Sunday-Horstman presented the following proclamation for Armed Forces Day:

WHEREAS, On August 31, 1949, Secretary of Defense Louis Johnson announced the creation of Armed Forces Day; and WHEREAS, Armed Forces Day is celebrated annually on the third Saturday of May; and WHEREAS, the theme of this year’s celebration is “A Tradition of Heroes”; and WHEREAS, in his message this year for Armed Forces Day, Chairman of the Joint Chiefs of Staff, General Richard Myers, USAF explained that “Those serving in the Armed Forces of the United States of America stand between liberty and tyranny”; and WHEREAS, the City of Sturgis is fortunate to be home to the Army National Guard’s B Company, of the 146th Forward Support Battalion; and WHEREAS, the men and women of B Company, along with their duties in defending our country, have consistently been a partner with the City in creating a better Sturgis Community, as demonstrated by their assistance with the Michigan Week festivities. NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I am proud to join in the celebration of Armed Forces Day and am deeply grateful to the men and women of B Company and all of the Heroes in service around the world for keeping the United States free and safe.

Mayor Sunday-Horstman presented the 2004 Good Landlord Award to Thomas Arver.

Cindy Huber, 508 West Congress, commended the Sturgis Ambulance for their quick and able response to an incident.

Moved by Comm. Sisson and seconded by Comm. Littman to approve the proposed City Charter amendments as presented and direct the City Attorney to prepare the necessary documentation for the State of Michigan in order to place the amendments on the November ballot. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Vice-Mayor Haas provided the Commission with information related to the July 4th Ribs on the Runway event.

Moved by Comm. Ludders and seconded by Comm. Mayer to allow the Sturgis Exchange Club and the Sturgis Area Chamber of Commerce to hold their Ribs on the Runway event at Kirsch Memorial Airport on July 4, 2004 from 5 p.m. to midnight. Voting yea: Nine Voting nay: None MOTION CARRIED

EDC Director John Hayes and Ron Zimmerman of Sturgis Tool & Die provided information related to creating Tool & Die Recovery Zones similar to Renaissance Zones.

Moved by Comm. Haas and seconded by Comm. Huber to approve the request from Veterans of Foreign Wars (VFW) post #1355 to stop traffic on Chicago Road from Nottawa Street to Centerville Road for 15 minutes on Monday, May 31, 2004 for a Memorial Day Parade and further that the event be coordinated with the Sturgis police department. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Fisher to award the three (3) year HVAC Preventative Maintenance contract to Industrial Piping and Maintenance of Sturgis in the amount of eleven thousand four hundred seventy seven dollars ($11,477) for year one, eleven thousand eight hundred twenty one dollars ($11,821) for year two and twelve thousand two hundred ninety four dollars ($12,294) for year three and to authorize the City Manager to sign all necessary contracts. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to approve the Michigan Council for Arts & Cultural Affairs Capital Improvement Grant application as presented, guaranteeing the required local match, and authorize the Mayor and City Manager to sign all necessary documents. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to approve the City board appointments as presented and send a letter of recognition for their services to those not returning to a board. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Litman to authorize the payment of the City bills in the amount of $1,442,468.26, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,383,099.99, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

City Manager Tod Mowery expressed his thanks to City Staff and the community, especially Tim Charles, assistant electric department superintendent, for their help with the storm related issues. The City Commission also expressed their thanks.

Moved by Comm. Ludders and seconded by Comm. Huber to enter into a Closed Session for the discussion of potential purchase of property and ongoing litigation. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Meeting was recessed at 8:22 p.m. Meeting reconvened at 9:24 p.m. Moved by Comm. Sisson and seconded by Comm. Littman that the City pay up to an additional $30,000, over the amount already paid, to complete environmental testing of the Ram property, and that the City Attorney is authorized to execute a 3rd Addendum to the Ram Real Estate Purchase Agreement authorizing a credit against the $530,000 purchase price for any additional testing expenses. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 9:26 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JUNE 9, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Ross Gerber, Grace Christian Fellowship

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Chief of Police, Chief of Fire, Library Director, EMS Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Ludders to approve the minutes from the previously scheduled regular meeting on May 26, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Ludders to approve Contract No. 2004-0293 between the City of Sturgis and the Michigan Department of Transportation providing for the paving of Runway 18/36 and related work at the Kirsch Municipal Airport and authorize the City Manager to sign the contract for a lump sum cost of $1,916,520 with the City portion being $76,479. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to approve Contract No. 2004- 0295 between the City of Sturgis and the Michigan Department of Transportation providing for the lighting of Runway 18/36 and related work at the Kirsch Municipal Airport and authorize the City Manager to sign the contract for a lump sum cost of $232,628 with the City portion being $23,263. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Mayer to approve Contract ID 78123-78697 between the City of Sturgis and Michigan Paving and Materials Company providing for the paving and related work on Runway 18/36 at the Kirsch Municipal Airport and authorize the City Manager to sign the unit price contract for cost of $1,628,509.88 subject to approval of the Contract by the City Attorney. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Austermann to approve Contract ID 78124- 79180 between the City of Sturgis and John R. Howell, Inc. providing for the electrical and related work on Runway 18/36 at the Kirsch Municipal Airport and authorize the City Manager to sign the unit price contract for cost of $185,627.50 subject to approval of the Contract by the City Attorney. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Ludders to extend a one (1) year exemption of the “Notice of Special Assessment pertaining to Wilshire Park No. 2” for Lots 130, 131, 123, 122, 121. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Austermann to approve the resolution of intent to participate in the creation and operation of a Brownfield Redevelopment Authority for the County of St. Joseph pursuant to and in accordance with the provision of Act 381 of the Public Acts of the State of Michigan of 1996, as amended. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to set a public hearing date of June 23, 2004 at 7:30 p.m. in the Wiesloch Raum of City Hall for consideration of an Industrial Facilities Exemption Certificate to Sturgis Tool & Die. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $671,148.95, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,227,526.70, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Littman to award the bid for the purchase of carpeting for the Police Department to Barnell Quality Carpets, Sturgis, MI, for an amount not to exceed $7,314.80. Voting yea: Nine Voting nay: None MOTION CARRIED

Fire Chief Michael Houck provided the City Commission with an update on the new ambulance service.

Vice-Mayor Haas invited everyone to a memorial service for President Reagan on June 11, 2004 at the St. Joseph County Courthouse at 7:45 a.m.

Moved by Comm. Ludders and seconded by Comm. Haas to enter into a Closed Session for the discussion of ongoing litigation. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday- Horstman Voting nay: None MOTION CARRIED

Meeting was recessed at 8:12 p.m. Meeting reconvened at 10:26 p.m.

Moved by Comm. Haas and seconded by Comm. Ludders to approve the settlement of the tax tribunal case between Newell Rubbermaid Corporation and the City of Sturgis, parcel no. 75-052- 777-069-00, for an agreed fair market value of $3,150,000.00 and a taxable value of $1,575,000.00, for tax years 2002 and 2003, and a payment of $10,000.00 from Newell Rubbermaid Corp. to the City of Sturgis as partial reimbursement for costs such as the tax appraisal, city legal fees, etc. Voting yea: Nine Voting nay: None MOTION CARRIED

Discussion was held on the City Commission Policy governing citizen boards and commissions. Discussion followed.

Moved by Comm. Haas and seconded by Comm. Fisher to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 10:55 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JUNE 23, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

Mayor Sunday-Horstman held a moment of silence in lieu of an invocation.

Commissioners present: Austermann, Ludders, Huber, Fisher, Littman, Sisson, Vice- Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Mayer

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Deputy Chief of Police, Library Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on June 9, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

City Manager Tod B. Mowery provided the City Commission with an update on the activities related to the development of the I-9/M-66, 80/90 Interchange.

Moved by Comm. Fisher and seconded by Comm. Ludders to adopt the Partnership Charter for the Indiana State Road 9 / Michigan Highway 66, Interstate 80/90 Development Study adopting guidelines that further a productive, neighborly and responsive relationship with Sturgis Township and LaGrange County, Indiana. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

EDC Director John Hayes and the IFEC Committee provided information related to the application of Sturgis Tool & Die.

Mayor Sunday-Horstman opened the Public Hearing for the IFEC for Sturgis Tool & Die. Mayor Sunday-Horstman closed the Public Hearing.

Moved by Comm. Ludders and seconded by Comm. Fisher to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $200,000.00 to Sturgis Tool & Die, for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016. WHEREAS, Sturgis Tool and Die 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 and Die, and WHEREAS, on August 9, 1978 the City Commission established the Industrial Development District for the industrial property of Sturgis Tool and Die 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Sturgis Tool and Die for an “Industrial Facilities Exemption Certificate”. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to set a public hearing date of July 14, 2004 at 7:30 p.m. in the Wiesloch Raum of City Hall for consideration of an Industrial Facilities Exemption Certificate to Unique Truck Accessories. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Huber to approve the request for a July 4th Celebratory Children’s Parade in the South Lakeview neighborhood to be held on July 5th at 10 a.m. beginning at Parkside Circle, extending down Parkside, west on Myrtle, south on Independence and east on Constitution. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Fisher to accept the low unit price bid from Aramark Uniform Services dated June 11, 2004 to provide Uniform Rental services for a period of three years. Voting yea: Austermann, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to adopt the attached Consent Resolution as presented. CONSENT IN LIEU OF ANNUAL MEETING OF SHAREHOLDERS OF STURGIS HOUSING DEVELOPMENT CORP. All of the shareholders of Sturgis Housing Development Corp., a Michigan non-profit corporation (the "Corporation"), consent to the following actions: 1. The following persons are elected to serve as the directors of the Corporation until the next annual meeting of shareholders (or written consent in lieu of such a meeting), or until their successors are duly elected and qualified, or until their resignation or removal: Cindy Sunday-Horstman, Lee Austermann, David Ludders, Karl Littman, Caralee Mayer, Charles Huber, P. Joseph Haas, Robert Sisson, Barbara Fisher, Todd Campbell 2. The shareholders received a report from City Staff on significant developments, major corporate transactions, certain related party transactions, and the operations and financial results of the Corporation for the preceding fiscal year. All actions of the Corporation's officers, directors and agents on behalf of the Corporation since the last annual meeting of shareholders (or written consent in lieu of such a meeting) are ratified. This consent is given in lieu of a formal annual meeting of the Corporation's shareholders. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Sisson to recess their regular meeting of June 23, 2004. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Dir. Ludders and seconded by Dir. Sisson to convene as the Sturgis Housing Development Corporation. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Dir. Ludders and seconded by Dir. Austermann to adopt the following Consent Resolution as presented. CONSENT IN LIEU OF ANNUAL MEETING OF BOARD OF DIRECTORS OF STURGIS HOUSING DEVELOPMENT CORP. All of the members of the Board of Directors of Sturgis Housing Development Corp., a Michigan non-profit corporation (the "Corporation"), consent to the following actions: 1. The following persons are elected as officers of the Corporation to serve in the offices set forth opposite their names until further Board action or until their resignation or removal: Todd Campbell – President Michael Vance – Treasurer Todd Campbell – Secretary 2. The directors received a report from City Staff on significant developments, major corporate transactions, and the operations and financial results of the Corporation for the preceding fiscal year. All actions of the Corporation's officers and agents on behalf of the Corporation since the last annual meeting of the Board (or written consent in lieu of such a meeting) are ratified. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Dir. Haas and seconded by Dir. Sisson to approve the purchase agreement for 302 North Lakeview as presented, subject to review by the City Attorney, and authorize the president of the S.H.D.C. to sign any necessary documentation Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Dir. Ludders and seconded by Dir. Littman to adjourn the annual meeting. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Austermann to reconvene its regular meeting of June 23, 2004. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $1,545,446.16, as presented. Voting yea: Austermann, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,614,201.89, as presented. Voting yea: Austermann, Ludders, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Mayer MOTION CARRIED

Deputy Chief of Police David Northrop provided an update on the ongoing active patrol of US-12.

City Manager Tod B. Mowery provided an update on the street patching program and mentioned a proposed quarterly forum with the public informing them on city government activities.

Moved by Comm. Ludders and seconded by Comm. Austermann to adopt the revised City Commission Policy governing citizen boards and commissions as amended. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Austermann to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Mayer MOTION CARRIED

Meeting was adjourned at 8:25 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JULY 14, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Mark Heydlauff.

Commissioners present: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Vice- Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Huber

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, City Engineer, Economic Development Director, Chief of Police, Library Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on June23, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Sturgis Hospital CEO Robert LaBarge provided the Commission with a presentation on the proposed new Birthing Center and Surgery addition. Discussion followed.

Moved by Comm Haas and seconded by Comm Littman to approve the addendum to the Master Agreement between Sturgis Hospital and Harley Ellis to complete the design development, construction documents, bidding and construction administrative services for the Master Facility Project for the lump sum cost of $818,492.00. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Frances Losinski, 809 Nottingham, inquired as to the upkeep of the streets and catch basins. Mayor Sunday-Horstman explained that the crews have been trying to catch up from the storm damage as well as the current brush pickup and other duties. Comm. Fisher explained that the streets department is currently short two employees. He also inquired as to why he was not reappointed to the Cemetery and Parks Board. Mayor Sunday-Horstman explained that the City Commission has tried to increase the number of individuals that serve on City boards and commissions and has reviewed attendance records.

Jean McClusky, 921 Ivanhoe, expressed her support for the Sturgis Library and was not happy about the cuts in the Library budget. Ms. McClusky presented a petition requesting that the City Commission review the budget cuts for the upcoming fiscal year.

Moved by Comm. Austermann and seconded by Comm. Littman to approve Engineering Amendment 02 to the Agreement for Professional Engineering Services, RWJ J/N: 20036460.30, between the City of Sturgis and R.W. Armstrong and Associates, Inc. and authorize the City Manager to sign the Engineering Amendment No. 02. Under the Engineering Amendment No. 02, R.W. Armstrong and Associates, Inc. will provide construction engineering services for the rehabilitation of Runway 18/36 at a lump sum cost of $172,300 with the estimated City cost being $17,230. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Fisher to award the contract for the 2004 Sidewalk Repair Program to Truckey Concrete Construction of Mendon for the unit price contract amount of $53,047.50 and authorize the City Manager to sign the contract. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Mayor Sunday-Horstman opened the Public Hearing on the IFEC for Unique Truck Accessories.

Moved by Comm. Littman and seconded by Comm. Fisher to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $70,000.00 to Lake Fabricators Inc. d/b/a Unique Truck Accessories, for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016. WHEREAS, Lake Fabricators Inc., d/b/a Unique Truck Accessories 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 Lake Fabricators Inc., d/b/a Unique Truck Accessories, and WHEREAS, on September 7, 1993 the City Commission established the Industrial Development District for the industrial property of Lake Fabricators Inc., d/b/a Unique Truck Accessories, 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016.

NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Lake Fabricators Inc., d/b/a Unique Truck Accessories for an “Industrial Facilities Exemption Certificate”. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Littman to set a public hearing date of July 28, 2004 at 7:30 p.m. in the Wiesloch Raum of City Hall for consideration of an Industrial Facilities Exemption Certificate to Telemark Corporation. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Mayer to approve the purchase of equipment for the radiographic/fluoroscopic room in the bid amount of $234,900.00 from Kalamazoo X-ray Sales. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Haas to accept the resignations of Richard Roy from the Doyle and Recreation Board and Hugh McCullough from the Library Board and send a letter of recognition for their service. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $803,922.00 as presented. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,407,316.96, as presented. Voting yea: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Chief of Police David Northrop provided the Commission with a report on the increased traffic enforcement efforts on Chicago Road from Centerville to Lakeview.

Moved by Comm. Littman and seconded by Comm. Fisher to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Meeting was adjourned at 8:55 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION THURSDAY, JULY 22, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 5:00 p.m.

Commissioners present: Austermann, Mayer, Huber, Fisher, Littman, Sisson, Vice- Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Ludders

Also present: City Manager, Economic Development Director, Customer Service Supervisor, City Clerk

Discussion was held on an industrial utility accounts policy.

Discussion was held on the petition related to the Sturgis Library presented to the City Commission at the July 14, 2004 regular meeting.

Moved by Comm. Austermann and seconded by Comm. Haas to enter into a Closed Session for the discussion of potential purchase of property. Voting yea: Austermann, Mayer, Huber, Fisher, Littman, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Ludders MOTION CARRIED

Meeting was recessed at 5:50 p.m. Meeting reconvened at 6:12 p.m. Moved by Comm. Littman and seconded by Comm. Huber to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Meeting was adjourned at 6:25 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, JULY 28, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. James Bender, First Baptist Church.

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Vice- Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Littman

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, Economic Development Director, Deputy Chief of Police, Library Director, Director of Parks and Recreation, EMS Director, DDA Director, City Clerk

Moved by Comm. Haas and seconded by Comm. Huber to approve the minutes from the previously scheduled regular meeting on July 14, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to approve the minutes from the previously scheduled special meeting on July 22, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

Bruce Jones of the St. Joseph County Road Commission explained the need for the passage of the millage renewal on the August 3, 2004 Primary Election ballot.

Moved by Comm. Ludders and seconded by Comm. Austermann to adopt the following resolution:

WHEREAS, on August 2, 1994, the voters of St. Joseph County voted for a road millage of 1 mill to be used for road purposes only, on all public roads in St. Joseph County, with the exception of state trucklines; and WHEREAS, the City of Sturgis, along with all cities and villages in St. Joseph County, has received a portion of this millage, with the City of Sturgis’ portion amounting to approximately $1,881,000.00 over the past ten years; and WHEREAS, the City of Sturgis recognizes that the millage is a financial resource that we need to continue the construction and maintenance on the fifty-four miles of streets in the City. NOW THEREFORE BE IT RESOLVED, that the City Commission asks voters to review the August 3 Primary ballot, to continue the road millage, and consider the importance of its continuance to the entire St. Joseph County area; and BE IT FURTHER RESOLVED, that the City Commission urges the voters of Sturgis to ensure adequate funding of Sturgis roads and streets, by supporting the road millage renewal. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

EMS Director Scott Hopkins introduced the on-call firefighters and EMTs to the City Commission. The City Commission gave them a standing ovation for their service.

John Hayes introduced Andreas Schramm from Hamburg Germany.

Mayor Sunday-Horstman opened the Public Hearing on the IFEC for Telemark Corporation.

Moved by Comm. Fisher and seconded by Comm. Ludders to adopt the resolution as presented awarding an Industrial Facilities Exemption Certificate, not-to-exceed $443,000.00 to Telemark Corporation, for a period of twelve (12) years, beginning on January 1, 2005 and an ending date of December 31, 2016. 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 under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, 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 and Act No. 255 of the Public Acts of 1978, 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 with an ending date of December 31, 2016. NOW, THEREFORE BE IT RESOLVED, that the Sturgis City Commission does hereby approve the application of Telemark Corporation for an “Industrial Facilities Exemption Certificate”. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

Mayor Sunday-Horstman asked for nominations for the Auditorium Board.

Comm. Ludders nominated Mike Stiles

Moved by Comm. Haas and seconded by Comm. Ludders to close the nominations and appoint Mike Stiles to the Auditorium Board to fill a term to expire in May 2006. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

The City Commission has asked that the vacancy for a position on the Doyle and Recreation Advisory Board be advertised in order to receive applications from the community.

Mayor Sunday-Horstman asked for nominations for the Elected Officials Compensation Committee.

Comm. Haas nominated Warren English.

Moved by Comm. Sisson and seconded by Comm. Austermann to close the nominations and appoint Warren English to the Elected Officials Compensation Committee to fill a term to expire in May 2009. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

Mayor Sunday-Horstman asked for nominations for the Hospital Board of Trustees.

Comm. Austermann nominated Jeannie Gerchow.

Moved by Comm. Haas and seconded by Comm. Ludders to close the nominations and appoint Jeannie Gerchow to the Hospital Board of Trustees to fill a term to expire in May 2009. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

The City Commission will address the Library Board vacancy after the Board Chair has a chance to comment.

Mayor Sunday-Horstman asked for nominations for the Sturgis Housing Commission.

Comm. Fisher nominated Charles Ellis.

Moved by Comm. Fisher and seconded by Comm. Mayer to close the nominations and appoint Charles Ellis to the Sturgis Housing Commission as the resident representative to fill the unexpired term of Nadene Potter to expire in May 2006. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

The City Commission has asked that the vacancy for an alternate position on the Zoning Board of Appeals be advertised in order to receive applications from the community.

Moved by Comm. Austermann and seconded by Comm. Huber to authorize the payment of the City bills in the amount of $1,639,421.63 as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Littman MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Huber to ratify the Hospital bills in the amount of $1,407,843.66, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Sunday-Horstman Voting nay: None Absent: Littman MOTION CARRIED

Intern Mark Heydlauff thanked the City Commission for the opportunity to work at City Hall this summer. He explained that he will be attending Taylor University beginning in August.

Mayor Sunday-Horstman congratulated Asst. City Manager Todd Campbell on the birth of his son. Todd thanked everyone for their cards and good wishes.

City Manager Tod Mowery and the City Commission wished Comm. Fisher a Happy Birthday.

The City Commission will hold a work session before their regular meeting on Wednesday, August 11, 2004 at 6:30 p.m. in the Wiesloch Raum of City Hall to discuss an industrial utility customer policy.

Comm. Huber commended the Sturgis Fire Department for all of their efforts and encouraged everyone to lend a hand with the assistance that people have given to Firefighter Machan.

Mayor Sunday-Horstman presented the following proclamation to Tim Charles:

WHEREAS, the City of Sturgis is fortunate to have many highly qualified and dedicated employees; and WHEREAS, there are times that individuals stand out even amongst such a capable group; and WHEREAS, Tim Charles joined the City in October of 1976 and has worked in both the Fire and Electric Departments; and WHEREAS, as Assistant Electric Department Superintendent, Tim is responsible for ensuring reliable electric distribution to all the businesses and residents of Sturgis; and WHEREAS, Tim continually rises above the call of duty to achieve this unparalleled level of service, including the sleepless nights he spent restoring electric power after a tremendous storm hit the City on May 21, 2004; and WHEREAS, Tim also goes beyond his duties through his efforts to raise awareness for CHD as well as his tireless work raising funds for the United Way by coordinating their annual golf event. NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I applaud and thank Tim Charles for all of his work, giving the Electric Department the outstanding reputation it enjoys and being a part of what makes Sturgis such a wonderful community.

Comm. Sisson asked that the format of the financial information related to the City that is given to the Commission be reviewed and refined.

The Sturgis City Commission will be conducting a Community Forum on Tuesday, August 17, 2004 from 7:00 p.m. to 9:00 p.m. at the Sturges-Young Civic Center & Auditorium. The Community Forum is an opportunity for residents of Sturgis to be informed on various subject/project areas that the City is currently working on. Relevant City staff will present on their specific topic with a question and answer period at the end of the presentations.

The Sturgis City Commission will hold a joint meeting with the members of the Library Board from 5:00 p.m. to 7:00 p.m. and with members of the DDA Board from 7:00 p.m. to 9:00 p.m on August 18, 2004 in the Wiesloch Raum of City Hall, 130 North Nottawa.

Moved by Comm. Haas and seconded by Comm. Ludders to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Littman MOTION CARRIED

Meeting was adjourned at 8:23 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, AUGUST 11, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Roger Moyer, Sturgis Evangelical.

Commissioners present: Austermann, Mayer, Ludders, Fisher, Littman, Sisson, Vice- Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Huber

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, Economic Development Director, Deputy Chief of Police, Library Director, DDA Director, Electric Department Superintendent, City Clerk

Moved by Comm. Littman and seconded by Comm. Ludders to approve the minutes from the previously scheduled regular meeting on July 28, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Mayor Sunday-Horstman presented the following proclamation to former Chief of Police Alli:

WHEREAS, Eugene Alli joined the City of Sturgis as the Chief of Police on June 2, 1986; and WHEREAS, Chief Alli previously served as an MP for the United States Army and as a Police Chief for the communities of Brighton and Morrice ; and WHEREAS, throughout his tenure in Sturgis, Chief Alli worked very hard in developing and refining the critical policies and procedures for the Police Department; and WHEREAS, Chief Alli appreciated the vital importance of effective traffic safety and made this a priority of his department; and WHEREAS, Chief Alli continually sacrificed his safety and his time to ensure the safety for the citizens of Sturgis; and WHEREAS, this once included chasing down a speeding locomotive, jumping on the train, and bringing it safely to a stop before any harm could befall the City; and WHEREAS, Chief Alli’s skills as a detective have given him unique insight as to the whereabouts of moved cheese and the culprits causing the fall of one Mr. Humpty Dumpty; and WHEREAS, Chief Alli has earned many university level academic degrees as well as being a graduate of the FBI Academy; and WHEREAS, Chief Alli has often acted as a mentor, providing a comfort zone with fatherly advice, to the youth of Sturgis; and WHEREAS, Chief Alli has over the years received numerous awards and accolades, most notably the Presidential Citation and Medal from the Michigan Association of Chiefs of Police in 2003; and WHEREAS, Chief Alli has been given Life Membership to both the Michigan and International Associations of Chiefs of Police; and WHEREAS, Chief Alli is now coordinating the efforts for Homeland Security for the St. Joseph County Sheriff’s Department. NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I wish to sincerely thank Chief Alli for his eighteen years of hard work and dedication to the citizens of Sturgis and the Sturgis Police Department; and BE IT FURTHER RESOLVED, we look forward to working with Chief Alli in his new role in order to make Sturgis and St. Joseph County a safer and stronger community.

Sturgis Hospital CEO Robert LaBarge, along with Shelly Aronson of First River Advisory, Tom Traciak of ACI Finance and Connie Downs of Sturgis Hospital, gave a presentation to the City Commission regarding the Capital Financing for Sturgis Hospital. Discussion followed.

Moved by Comm. Fisher and seconded by Comm. Ludders to close the nominations and appoint Sally Heydlauff to the Library Board to fill the unexpired term of Hugh McCullough to expire in May 2006. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman to recess its regular meeting and convene as the Sturgis Housing Development Corporation. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Dir. Austermann and seconded by Dir. Fisher to approve the amended total project cost of $92,600.00 for 608 George Street (MSHDA ADR Grant Project No. 2) as presented and authorize the President of the Sturgis Housing Development Corporation to sign all necessary documents. Voting yea: Austermann, Mayer, Ludders, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Dir. Austermann and seconded by Dir.Haas to approve the awarding of the rehabilitation contract for the 608 George Street (MSHDA ADR Grant Project No. 2) for a total project cost not to exceed $51,000.00 to Stealth Development Corporation and authorize the President of the Sturgis Housing Development Corporation to sign all necessary documents. Voting yea: Austermann, Mayer, Ludders, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Dir. Ludders and seconded by Dir. Littman to adjourn its regular meeting and reconvene as the Sturgis City Commission. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $562,133.06 as presented. Voting yea: Austermann, Mayer, Ludders, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,390,061.94, as presented. Voting yea: Austermann, Mayer, Ludders, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Meeting was adjourned at 8:38 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, AUGUST 25, 2004 WIESLOCH RAUM - CITY HALL

Vice-Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Doug Carr, Gateway Church of God.

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas Commissioners absent: Mayor Sunday-Horstman

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, Economic Development Director, Chief of Police, Director of Parks and Recreation, City Controller, City Clerk

Moved by Comm. Littman and seconded by Comm. Ludders to approve the minutes from the previously scheduled work session on August 11, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to approve the minutes from the previously scheduled regular meeting on August 11, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to approve the minutes from the previously scheduled joint special meeting on August 18, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Fisher to approve the minutes from the previously scheduled joint special meeting on August 18, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Jean Barnell, 1113 Walker Street, expressed her concerns related to the proposed placement of the parking lot in the expansion of the Hospital. Discussion followed.

Sturgis Hospital CEO Robert LaBarge and Connie Downs of Sturgis Hospital provided answers to the City Commission regarding the Capital Financing for Sturgis Hospital raised at the previous meeting. Discussion followed. Shelly Aronson of First River Advisory and Tom Traciak of ACI Finance discussed the options related to bonding for the Capital Financing for Sturgis Hospital. Discussion followed. Moved by Comm. Mayer and seconded by Comm. Ludders to retain the services of Dykema- Gossett as bond counsel for the City. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Vice-Mayor Haas asked for nominations for a vacancy on the Doyle and Recreation Advisory Board.

Comm. Fisher nominated Lorraine Bolley. Comm. Ludders seconded the nomination. Comm. Littman nominated Michael Gay. Comm. Sisson seconded the nomination.

Moved by Comm. Sisson and seconded by Comm. Littman to close the nominations. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Voting for Bolley: Ludders, Austermann, Fisher, Haas Voting for Gay: Sisson, Huber, Mayer, Littman.

Vice-Mayor Haas explained that this appointment will be addressed at the next upcoming Commission meeting.

Moved by Comm. Sisson and seconded by Comm. Ludders to approve the revised charter amendment language to be place on the November 2, 2004 general election ballot as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Sisson to accept the recommendation of the City Investment Committee and approve the proposal for management of the Electric Reserve Fund valued at approximately $6,000,000.00 by Century Bank and Trust, including their necessity to comply with the provisions of Public Act 20. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Huber and seconded by Comm. Littman to approve the request from the Jack Johnston Chapter 88 of the Disabled American Veterans to conduct an annual Forget-Me-Not fund raising drive here in Sturgis on September 10th and 11th. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $1,528,899.62 as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,457,133.47, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

The annual boards and commissions dinner will be held on September 15, 2004 at the Auditorium.

City Manager Tod B. Mowery updated the Commission on various street work being done around the City, the detention basin project, and the work being done at the airport.

Moved by Comm. Ludders and seconded by Comm. Littman to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Meeting was adjourned at 9:25 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, SEPTEMBER 8, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. Ross Gerber, Grace Christian Fellowship

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Deputy Chief of Police, DDA Director, Director of Parks and Recreation, City Controller, City Engineer, Electric Department Superintendent, City Clerk

Moved by Comm. Littman and seconded by Comm. Austermann to approve the minutes from the previously scheduled regular meeting on August 25, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Mort Wright, on behalf of Camp Fort Hill, provided an update on the activities of the Camp and thanked the Commission and the Sturgis community for their support.

City Attorney Roger Bird gave an explanation on the creation of a building authority related to the Hospital Capital Project. Discussion followed.

Moved by Comm. Haas and seconded by Comm. Littman to authorize the issuance of Limited Tax General Obligation (LTGO) Building Authority Bonds per Public Act 31 for the City of Sturgis’ Hospital to be used for their Obstetric and Surgery Addition with an estimated project cost of $15,000,000.00 and an estimated bond need of $11,000,000.00. Voting yea: Austermann, Mayer, Ludders, Huber, Sisson, Haas, Littman, Sunday-Horstman Voting nay: Fisher MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman to adopt the attached resolution related to the formation of the City of Sturgis Building Authority as amended and authorize the Mayor and City Clerk to sign the Articles of Incorporation and undertake any other action necessary to affect the Authority, and appoint William Boersma, Stephen Deter, David Hermann, Jack Kirsch, and John Wiedla as the initial members to the board. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Littman to adopt the reimbursement resolution for the Sturgis Hospital project, with a maximum principal amount for the bonds of $11,000,000.00, as presented. Voting yea: Eight Voting nay: None Abstain: Fisher MOTION CARRIED

Mayor Sunday-Horstman asked for nominations for the vacancy on the Doyle and Recreation Advisory Board.

Comm. Littman nominated Michael Gay Comm. Fisher nominated Lorraine Bolley

Voting for Gay : Sisson, Littman, Huber, Mayer Voting for Bolley : Austermann, Fisher, Ludders, Haas, Sunday-Horstman

Lorraine Bolley was appointed to the Doyle and Recreation Advisory Board to fill the unexpired term of Richard Roy through May 2005.

Mayor Sunday-Horstman asked for nominations for the vacancy on the Zoning Board of Appeals.

Comm. Mayer nominated Steven Shevick Comm. Fisher nominated Kurt Esseltine

Voting for Shevick : Mayer, Austermann, Sisson, Ludders Voting for Esseltine : Fisher, Haas, Littman, Huber, Sunday-Horstman

Kurt Esseltine was appointed to the Zoning Board of Appeals as an alternate to fill the unexpired term of Jessica Kielkopf through May 2006.

Moved by Comm. Fisher and seconded by Comm. Ludders to appoint Comm. Austermann as the official voting representative and Comm. Fisher as the alternate voting representative for the City of Sturgis at the 2004 Michigan Municipal League Conference. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Sisson to award the bid for the residing of the cemetery building to Stewart Construction of Sturgis in an amount not-to-exceed $13,540.00 and authorize the city manager to sign any and all necessary documents. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Ludders to allow staff to initiate wholesale power supply contract negotiations with Grande Pointe Power Corporation with final contract review by the City attorney and execution by the City Manager. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $850,667.43 as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,410,774.39, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman, Sunday- Horstman Voting nay: None MOTION CARRIED

City Manager Tod B. Mowery provided an update to the Commission on various projects including the Sturgis-Newport demolition, airport reconstruction, and the audit.

Moved by Comm. Ludders and seconded by Comm. Littman to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 8:25 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, SEPTEMBER 22, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Pastor Chuck Vizthum, Whole Life Christian Fellowship

Commissioners present: Austermann, Mayer, Huber, Fisher, Littman, Sisson, Vice- Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Ludders

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Chief of Police, DDA Director, City Controller, City Engineer, City Clerk

Moved by Comm. Littman and seconded by Comm. Huber to approve the minutes from the previously scheduled regular meeting on September 8, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Littman to approve the resolution to approve plans, cost estimate, estimate of the period of usefulness and lease contract between the City of Sturgis and the Sturgis Building Authority for the Hospital Capital Project as presented. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

EDC Director John Hayes explained the history and process of creating a tool and die recovery zone. Sturgis Tool and Die President Ron Zimmerman explained the benefit that this provision would provide to his company and the community.

Moved by Comm. Fisher and seconded by Comm. Mayer to approve the Resolution requesting the State of Michigan to designate Sturgis Tool & Die as eligible for Recovery Zone status for a duration of up to 15 years within the Great Lakes Tool & Dir Collaborative Group as presented. Voting yea: Seven Voting nay: None Absent: Ludders Abstain: Haas MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. Sisson to approve the proposed 2004 - 2005 annual City of Sturgis Downtown Development Authority budget resolution as presented. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Fisher to award the contract for the Newport Building Demolition to Homrich, Inc. of Carleton, Michigan for the unit price contract amount of $168,000 and authorize the City Manager to sign the contract. The approval should be subject to review and approval by the Michigan Department of Environmental Quality. Voting yea: Austermann, Mayer, Huber, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Ludders MOTION CARRIED

City Controller Michael Vance explained the details of the amendments for the 2003/2004 City of Sturgis budget. Discussion followed.

Moved by Comm. Haas and seconded by Comm. Littman to amend the 2003/2004 City of Sturgis budget as presented in accordance with the Uniform Budgeting and Accounting Act of 1978. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to consider the proposed new ordinance as the first reading of the Amendment to the Ordinances of the City of Sturgis: Chapter 18, Article V Sidewalk Display and Use. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Austermann to authorize the Sturgis High School to hold its annual Homecoming Parade on Friday, October 8, 2004 at 5:30 p.m. on Chicago Drive from Clay to Maple, south to Congress, east to Lakeview, north to Ivanhoe and east to the high school. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $926,643.14 as presented. Voting yea: Austermann, Mayer, Huber, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Ludders MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,798,457.65, as presented. Voting yea: Austermann, Mayer, Huber, Fisher, Sisson, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Ludders MOTION CARRIED

Library Director Susan Wess explained that this will be her last meeting in her current position and thanked the Commission for their support.

Moved by Comm. Sisson and seconded by Comm. Mayer to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Ludders MOTION CARRIED

Meeting was adjourned at 8:33 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, OCTOBER 13, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Scott Jefferies

Commissioners present: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Deputy Chief of Police, EDC Director, DDA Director, City Controller, City Engineer, City Clerk

Moved by Comm. Littman and seconded by Comm. Austermann to approve the minutes from the previously scheduled work session on September 22, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Mayer to approve the minutes from the previously scheduled regular meeting on September 22, 2004 as presented. Voting yea: Nine Voting nay: None MOTION CARRIED

Mayor Sunday-Horstman presented the following proclamation to Theo Omo, CEO of Thurston Woods Village: WHEREAS, the Froh Brothers Homestead opened in 1953, moved to Sturgis in 1968, and incorporated as Thurston Woods Village in 1985; and WHEREAS, Thurston Woods award winning facilities offer its residents many wonderful housing choices including the Village Homes, the Gables, the Villa, the Community Home, and the Manor Apartments; and WHEREAS, through these options and with an extensive and dedicated staff, residents are able to enjoy an outstanding living experience; and WHEREAS, through their membership in the Mennonite Health Alliance and the assistance of many volunteers and associates, Thurston Woods is able to provide our seniors, who have given this community so much, with the Christian love and compassion they each deserve; and WHEREAS, Thurston Woods has always been one of Sturgis’ most exceptional employers. NOW, THEREFORE, BE IT RESOLVED, as Mayor of the City of Sturgis, and on behalf of the Sturgis City Commission, I deeply thank Thurston Woods and its staff for fifty years of serving our seniors with dignity and respect; and BE IT FURTHER RESOLVED, that the City Commission supports Thurston Woods in its future growth and plans, which I know will make Sturgis an even greater and more wonderful community in which to live. City Controller Michael Vance and Auditor Michael Wilson of Norman & Paulsen presented the details of the 2002-2003 audit of the City of Sturgis. Discussion followed.

City EDC Director John Hayes and St. Joseph County EDC Director David Allen gave a presentation on the activities of the St. Joe EDC. Discussion followed.

Moved by Comm. Littman and seconded by Comm. Haas to consider this the second reading and approval of the Amendment to the Ordinances of the City of Sturgis: Chapter 18, Article V Sidewalk Display and Use. AMENDMENT TO PART II-CHAPTER 18 OF THE ORDINANCES OF THE CITY OF STURGIS An ordinance to amend Part II-Chapter 18 of the ordinances of the City of Sturgis adding Article V pertaining to the display of merchandise and the use of temporary seating and tables on sidewalks located within the B-C Central Business District of the City. WHEREAS, the City Commission has determined that it is in the best interest of the residents of the City to create an ordinance providing for the display of merchandise and the use of temporary seating and tables on sidewalks located within the B-C Central Business District of the City; NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains: Part II-Chapter 18, Article V: SIDEWALK DISPLAY AND USE, is hereby added to the ordinances of the City of Sturgis to provide as follows effective as of November, 5, 2004: ARTICLE V: SIDEWALK DISPLAY AND USE Sec. 18-181. Legislative Findings. The City of Sturgis has the authority pursuant to its ordinances to promote business activity by authorizing reasonable use of sidewalks in the Central Business District. This Ordinance is intended to promote the economic development and growth of businesses located in the Central Business District. Sec. 18-182. Use of Sidewalks. (a) On sidewalks adjacent to properties zoned B-C Central Business District under the Zoning Ordinances of the City, adjoining owners, lessees or occupants may use the sidewalks in accordance with the provisions of this Section for open air display of dry goods, sporting goods, tools, small equipment, flowers and similar merchandise, and for temporary seating and tables to the extent that such uses are accessory to the adjoining properties as defined by the Zoning Ordinance of the City of Sturgis, subject to the following restrictions: (1) Display or seating areas shall be limited as necessary to allow for a minimum (60) inches of unobstructed pedestrian walkway and shall not obstruct access to on-street parking or create a vision hazard. (2) Any service of beer, wine or alcohol shall be in conformity with the rules and regulations of the Michigan Liquor Control Commission. (3) All displays including signs, shelving and/or racks, chairs and tables shall be removed from the sidewalk when the adjoining retail operation is closed, or stored in a secured manner approved by the City Manager. (4) All areas shall be well maintained and cleaned regularly by the adjoining property owner, lessee or occupant. (5) No items may be placed in the area at street corners or alley/street corners created by extending the building lines to the traveled portion of the streets or alleys. (b) All other use of the sidewalks for display or seating purposes is prohibited. Sec. 18-183. Nature of Use. The use of the sidewalks as provided in Section 18-182 shall be permissive and shall constitute no more than a license revocable at will by the City. The City may, if the use of the sidewalk in any way interferes with the use of the rights of way, require any or all items to be removed temporarily or permanently from the sidewalk areas. No use of the sidewalks under Section 18-182 shall in any way entitle an owner, lessee or occupant to any right, title or interest in and to the sidewalk or any right to continue the uses provided in Section 18-182. Sec. 18-184. Severability. Should any provisions of this ordinance or any part thereof be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions hereof or of any other provisions of the City Code. Sec. 18-185. Repeal. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Sec. 18-186. Penalty. Whoever violates any provision of this chapter shall, upon a finding of responsibility for a civil infraction, be fined the sum specified in any fine schedules compiled, from time to time, by the city and filed with the court or a city agency of competent jurisdiction. 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-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 ninety (90) days, or both. Voting yea: Nine Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $2,164,216.57 as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman, Sunday- Horstman Voting nay: None MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $3,124,512.21, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman, Sunday- Horstman Voting nay: None MOTION CARRIED

City Manager Tod B. Mowery provided an update on the revisions to the City’s Electric Terms & Conditions.

Comm. Ludders announced because of the impending sale of his house, he would be resigning as second precinct commissioner as of November 10, 2004.

Moved by Comm. Littman and seconded by Comm. Haas to go into closed session for the purpose of discussing the potential purchase of property Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Sisson, Haas, Littman, Sunday- Horstman Voting nay: None MOTION CARRIED

The meeting recessed at 8:05 p.m. The meeting reconvened at 9:08 p.m.

Economic Development Director John Hayes provided an update on various industrial business activities.

City Manager Tod B. Mowery provided an update on a recent water main break.

City Manager Tod B. Mowery provided an update on the search for a new library director.

Moved by Comm. Austermann and seconded by Comm. Huber to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 9:50 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, OCTOBER 27, 2004 WIESLOCH RAUM - CITY HALL

Mayor Sunday-Horstman called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Pastor Calvin Kolzow.

Commissioners present: Austermann, Mayer, Ludders, Fisher, Littman, Vice-Mayor Haas, Mayor Sunday-Horstman Commissioners absent: Huber, Sisson

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, Chief of Police, EDC Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Fisher to approve the minutes from the previously scheduled regular meeting on September 22, 2004 as presented. Voting yea: Seven Voting nay: None Absent: Huber, Sisson MOTION CARRIED

Donald Lampe, 402 Sturgis, asked about the height of the weeds on east U.S. 12. He also asked that the agenda be placed on the city’s website as early as possible.

EDC Director John Hayes provided details of the amended loan agreement with Grav-I-Flo

Moved by Comm. Ludders and seconded by Comm. Littman to approve the recommendation of the Sturgis Economic Development Corporation Board to amend the terms of their loan to Grav-I-Flo Inc. to 60 months, beginning September 15, 2004, at a 6.5% interest rate, to be paid on the 15th of each succeeding month with equal principal payments. Voting yea: Six Voting nay: None Absent: Huber, Sisson Abstain: Haas MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to authorize the payment of the City bills in the amount of $1,356,578.77 as presented. Voting yea: Austermann, Mayer, Ludders, Fisher, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Huber, Sisson MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Littman to ratify the Hospital bills in the amount of $1,813,003.94, as presented. Voting yea: Austermann, Mayer, Ludders, Fisher, Haas, Littman, Sunday-Horstman Voting nay: None Absent: Huber, Sisson MOTION CARRIED

Moved by Comm. Haas and seconded by Comm. to authorize the City Manager to cast the ballot for the six named candidates for the MML Liability and Property Pool Board. Voting yea: Seven Voting nay: None Absent: Huber, Sisson MOTION CARRIED

Mayor Sunday-Horstman read a letter from Thurston Woods thanking the Commission for their proclamation.

Moved by Comm. Austermann and seconded by Comm. Littman to adjourn the meeting. Voting yea: Nine Voting nay: None MOTION CARRIED

Meeting was adjourned at 7:58 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer ORGANIZATIONAL MEETING STURGIS CITY COMMISSION MONDAY, NOVEMBER 8, 2004 WIESLOCH RAUM - CITY HALL

City Clerk Kenneth Rhodes called the meeting to order at 8:00 p.m.

Commissioners present: Austermann, Mayer, Ludders, Huber, Sunday-Horstman, Fisher, Haas, Littman, Sisson Commissioners absent: None

Also present: City Attorney, City Manager, Assistant City Manager/Director of Community Development, City Clerk

City Clerk Kenneth Rhodes detailed the results of the November 2, 2004 General Election. Discussion followed

The City Clerk asked for nominations for the Office of Mayor. Comm. Sunday-Horstman nominated Comm. Haas. Comm. Littman seconded the nomination.

Moved by Comm. Sunday-Horstman and seconded by Comm. Littman to close the nominations for the Office of Mayor and cast a unanimous ballot for Comm. Haas. Voting Yea : Nine Voting Nay : None MOTION CARRIED

Comm. Haas was seated as the Mayor of the City of Sturgis.

Mayor Haas asked for nominations for the Office of Vice-Mayor. Comm. Mayer nominated Comm. Sisson. Comm. Sunday-Horstman seconded the nomination.

Moved by Comm. Ludders and seconded by Comm. Sunday-Horstman to close the nominations for the Office of Vice-Mayor and cast a unanimous ballot for Comm. Sisson. Voting Yea : Nine Voting Nay : None MOTION CARRIED

Comm. Sisson was seated as the Vice-Mayor of the City of Sturgis.

Mayor Haas presented the following Commissioner/Board Liasons

Airport Advisory Board Haas Ambulance Committee Austermann Auditorium Board Ludders Bid Opening Committee Fisher, Mayer Sunday-Horstman, Haas Centro De Ayuda Sisson Downtown Development Authority Board Haas Doyle and Recreation Advisory Board Huber Economic Development Corporation and Mayer Brownfield Redevelopment Authority Employee’s Retirement System Haas, Sunday-Horstman Finance Committee Huber, Littman, Sisson Health Insurance Review Committee Haas, Mayer Hospital Board of Trustees Fisher Housing Project Review Committee Ludders Idle Industrial Buildings Committee Austermann, Littman, Mayer, Sunday-Horstman Industrial Facilities Exemption Certificate Huber, Littman, Ludders, Sunday-Horstman Committee Investment Committee Littman, Ludders, Sisson Library Board Mayer Parks and Cemetery Board Austermann Planning Board Sisson Sister City Committee Austermann, Sisson St. Joe County Transportation Authority Haas Sturgis Neighborhood Program Fisher Traffic Safety Committee Huber

Moved by Comm. Littman and seconded by Comm. Huber to approve the General Rules of Order for Sturgis City Commission meetings. Voting Yea : Nine Voting Nay : None MOTION CARRIED

City Manager Tod B. Mowery updated the Commission on various City projects.

Mayor Haas has asked for a work session for the second meeting of the month at 6:30 to discuss various board and commission issues and suggested that it would be a good idea if a City Commissioner were in attendance at the local Township and school board meetings.

The meeting was adjourned at 8:55 p.m.

______Kenneth D. Rhodes, City Clerk

REGULAR MEETING - STURGIS CITY COMMISSION WEDNESDAY, NOVEMBER 10, 2004 WIESLOCH RAUM - CITY HALL

Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Mayor called for a moment of silence in lieu of an invocation.

Commissioners present: Austermann, Mayer, Huber, Ludders, Fisher, Littman, Vice- Mayor Sisson, Mayor Haas Commissioners absent: Sunday-Horstman

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Chief of Police, EDC Director, City Controller, Human Resource Director, City Clerk

Moved by Comm. Littman and seconded by Comm. Ludders to approve the minutes from the previously scheduled regular meeting on October 27, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Austermann to approve the minutes from the previously scheduled organizational meeting on November 8, 2004 as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Electric Superintendent John Grifftith and Ed Brooks of AEP provided an update to the Commission on the Line Clearance and Tree Program.

Moved by Comm. Fisher and seconded by Comm. Haas to authorize the continued participation in joint economic development activities with the St. Joseph County Economic Development Corporation and further authorize the yearly contribution to the County in the amount of $9,028.00. Voting yea: Seven Voting nay: None Absent: Sunday-Horstman Abstain: Sisson MOTION CARRIED

Moved by Comm. Austermann and seconded by Comm. Huber to adopt the Resolution of Intent Calling for a Hearing Regarding Establishment of a LDFA and Designation of District as presented, and set a public hearing date of December 8, 2004, providing for input of the public.

WHEREAS, the City of Sturgis (the “City”) is authorized by provisions Act 281, Public Acts of Michigan, 1986, as amended (“Act 281”), to create a local development finance authority; and WHEREAS, a proposed resolution designating an authority district and incorporating a local development finance authority pursuant to Act 281 has been presented to the City Commission; and WHEREAS, it is necessary to conduct a public hearing in connection with the consideration of such proposed resolution as required by Act 281. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Commission determines that it is necessary for the best interests of the public to create a local development finance authority pursuant to Act 281 in order to eliminate the causes of unemployment, underemployment and joblessness and to promote economic growth in the City, and the City Commission hereby declares its intention to create and provide for the operation of a local development finance authority pursuant to Act 281. 2. The authority district subject to the jurisdiction of the local development finance authority as provided in Act 281 is hereby tentatively designated to be that district described in the notice set forth in section 5 hereof. 3. There shall be a public hearing on Wednesday, December 8, 2004, at 7:30 pm, Eastern Standard Time, in the Wiesloch Raum of City Hall to consider the adoption by the City Commission of a resolution creating a local development finance authority, designating the authority district in which the authority shall have jurisdiction, and setting out certain procedures in connection therewith. 4. The City Clerk shall cause notice of said public hearing to be published in the Sturgis Journal, a newspaper of general circulation in the City, twice before the public hearing. The notice shall be published 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. The Clerk shall also cause the notice to be mailed by first class mail not less than 20 days prior to the hearing to all property taxpayers of record in the proposed authority district as shown by the most recent tax roll of the City. 5. The notice of the hearing shall be in substantially the following form: NOTICE OF PUBLIC HEARING CITY OF STURGIS, COUNTY OF ST. JOSEPH, STATE OF MICHIGAN ON THE FORMATION OF A LOCAL DEVELOPMENT FINANCE AUTHORITY AND DESIGNATION OF AUTHORITY DISTRICT BOUNDARIES TO ALL INTERESTED PERSONS IN THE CITY OF STURGIS: PLEASE TAKE NOTICE that the City Commission of the City of Sturgis, Michigan, will hold a public hearing on Wednesday, December 8, 2004, at 7:30 pm, Eastern Standard Time in the Wiesloch Raum of City Hall, 130 North Nottawa Street, Sturgis, Michigan 49091, to consider the adoption of a resolution establishing a local development finance authority for the City of Sturgis and designating the boundaries of an authority district in connection therewith, pursuant to Act 281 of the Public Acts of Michigan of 1986. PROPOSED BOUNDARIES The boundaries of the proposed district within which the local development finance authority shall exercise its powers as follows: See Exhibit A At the public hearing, all citizens, taxpayers, and property owners of the City of Sturgis desiring to address the City Commission shall be afforded an opportunity and the boundaries of the proposed authority district. FURTHER INFORMATION my be obtained for the City Manager’s Office at (269) 651-2321.

This notice is given by order of the City Commission of the City of Sturgis, Michigan. Kenneth D. Rhodes City of Sturgis Clerk 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Ludders to adopt the attached resolution transferring a property (1385 N. Nottawa Street) from Sherman Township into the City as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Ludders and seconded by Comm. Mayer to adopt the attached resolution transferring a property (28134 Fawn River Road) from Fawn River Township into the City as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to authorize the payment of the City bills in the amount of $978,667.68 as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Huber to ratify the Hospital bills in the amount of $1,544,659.28, as presented. Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Sisson and seconded by Comm. Mayer to adopt an additional 6 month moratorium on all provisions of Chapter 10, Section 10-2, 10-31 of the City of Sturgis Animal Control Ordinance as it relates to CATS, with the exception of 10-31 (a) maintaining provisions that prohibit any person from allowing a dog or cat to run at large at any time beyond the limits of their land. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

City Manager Tod B. Mowery introduced Frank Perez, Human Resources Director, to the City Commission.

Moved by Comm. Ludders and seconded by Comm. Austermann to use a consent agenda at future City Commission meetings. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Mayor Haas presented a plaque to Comm. Ludders and thanked him for his service.

Moved by Comm. Ludders and seconded by Comm. Littman to go into closed session for the purpose of discussing the potential purchase of property Voting yea: Austermann, Mayer, Ludders, Huber, Fisher, Littman, Sisson, Haas Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

The meeting recessed at 8:35 p.m. The meeting reconvened at 9:43 p.m.

Moved by Comm. Ludders and seconded by Comm. Austermann to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Meeting was adjourned at 9:44 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION MONDAY, NOVEMBER 22, 2004 WIESLOCH RAUM - CITY HALL

Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Rev. James Bender, First Baptist Church

Commissioners present: Austermann, Mayer, Huber, Sunday-Horstman, Fisher, Littman, Vice-Mayor Sisson, Mayor Haas Commissioners absent: None

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Deputy Chief of Police, EDC Director, City Controller, DDA Director, City Clerk

Mark Larimer, 505 South Nottawa, gave a complaint to the City Commission related to trash located at 503 South Nottawa.

Moved by Comm. Sisson and seconded by Comm. Fisher to approve the Consent Agenda of November 22, 2004 as presented.

A. Action of Minutes of Previous Meetings APPROVAL of the minutes from the November 10, 2004 regular meeting as presented. B. Electric Revenue Bond Refinancing ADOPTION of the resolution for the refinancing of our 1997 electric revenue bonds. C. Hydroelectric Roof Bids AWARD of the Hydro House Roof Replacement Bid to Kinsey Construction, 27258 Oak Drive, Sturgis, Michigan, in the amount of $14,490. D. Fire Department Roof Bid AWARD of the Fire Department Roof Replacement Bid to David A. Chenoweth Roofing in an amount of $13,205. E. Pay Bills 1. AUTHORIZE the payment of the City bills in the amount of $1,542,309.07, as presented. 2. RATIFY the Hospital bills in the amount of $1,368,132.45, as presented.

Voting yea: Eight Voting nay: None MOTION CARRIED

Moved by Comm. Sunday-Horstman and seconded by Comm. Mayer to consider this the first reading and approve the amendment to the City of Sturgis Zoning Ordinance, Part II, Chapter 14, Section 14-71, requiring a housing inspection to determine compliance with the provisions of the Property Maintenance Code for homes in a Neighborhood Enterprise Zone prior to any sale. Voting yea: Eight Voting nay: None MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to authorize the Downtown Development Authority Board to begin full maintenance of the DDA finances, including tax proceeds, fund balances and other district revenues and expenditures.

A Resolution for Business Application and Permit Fees will be addressed at the next City Commission meeting.

City Clerk/Treasurer Kenneth Rhodes explained that two applications were received for the 2nd Precinct Commissioner vacancy from Michael Brew and Karen Stephens. The applicants will be interviewed during the work session of the next City Commission at 6:30 p.m. on Wednesday, December 8, 2004.

City Manager Tod B. Mowery provided information related to the funeral services for Fire Department Captain Rick Machan. Discussion followed.

City Manager Tod B. Mowery provided information related to the U.S. 12 redevelopment in the downtown area. Discussion followed.

Mayor Haas presented Commissioner Sunday-Horstman with a plaque commemorating her term as Mayor from 2002 through 2004 and thanked her for her dedication.

Moved by Comm. Austermann and seconded by Comm. Littman to adjourn the meeting. Voting yea: Eight Voting nay: None MOTION CARRIED

Meeting was adjourned at 8:32 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer REGULAR MEETING – STURGIS CITY COMMISSION WEDNESDAY, DECEMBER 08, 2004 WIESLOCH RAUM – CITY HALL

Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

A moment of silence was observed in lieu of an invocation.

Commissioners present: Austermann, Mayer, Sunday-Horstman, Fisher, Littman, Vice- Mayor Sisson , Mayor Haas

Commissioners absent: Huber

Also present: City Manager, City Attorney, Assistant City Manager/Director of Community Development, Cpl. Geoff Smith, EDC Director, City Controller, DDA Director, Electric Department Superintendent, City Engineer, Assistant Engineer, Deputy City Clerk

The Mayor asked for a roll call vote of the Commission to fill the vacancy and to appoint the 2nd Precinct Commissioner. Voting for Mike Brew: Mayer, Austermann, Fisher, Littman, Vice-Mayor Sisson, Mayor Haas Voting for Karen Stephens: Sunday-Horstman

Mike Brew was appointed as 2nd Precinct Commissioner.

Deputy City Clerk Shelly Stoddard administered the Oath of Office to Mike Brew and he took his seat with the commissioners.

Electric Department Superintendent John Griffith and Mark Beauchamp of Utility Financial Solutions presented a summary report regarding the Hydroelectric Facility. Discussion followed.

Moved by Comm. Littman and seconded by Comm. Sunday-Horstman to approve the Consent Agenda of December 8, 2004, as presented.

A. Action of Minutes of Previous Meeting APPROVAL of the minutes from the November 22, 2004 regular meeting as presented. B. Pay bills 1. AUTHORIZE the payment of the City bills in the amount of $787,294.80, as presented.

2. RATIFY the Hospital bills in the amount of $1,693,718.88, as presented. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to consider this the second reading and approval of an ordinance to amend Part II – Chapter 14 of the ordinances of the City of Sturgis adding Article IV pertaining to the inspection of neighborhood enterprise zone facilities located within the City.

AMENDMENT TO PART II – CHAPTER 14

OF THE ORDINANCES OF THE CITY OF STURGIS

An ordinance to amend Part II – Chapter 14 of the ordinances of the City of Sturgis adding Article

IV pertaining to the inspection of neighborhood enterprise zone facilities located within the City.

WHEREAS, the City Commission has determined that it is in the best interest of the residents of the

City to create an ordinance providing for the inspection of facilities located within neighborhood enterprise zones established pursuant to Public Act 147 of 1992, as amended;

NOW, THEREFORE, the City of Sturgis, St. Joseph County, Michigan ordains:

Part II – Chapter 14, Article IV: NEIGHBORHOOD ENTERPRISE ZONE FACILITIES, is hereby added to the ordinances of the City of Sturgis to provide as follows effective as of January 1, 2005:

ARTICLE IV: NEIGHBORHOOD ENTERPRISE ZONE FACILITIES

Sec. 14-71. Definitions.

(a) The following words, terms and phrases, when used in this Article, shall have the

meanings ascribed to them in this section, except where the context clearly indicates

a different meaning :

Act means the Neighborhood Enterprise Zone Act, Public Act 147 of 1992, as

amended.

Certificate means a certificate of compliance with the Property Maintenance Code

issued by the City of Sturgis pursuant to the provisions of this Article.

New facility means a new structure as defined within the Act.

Property Maintenance Code means the City Property Maintenance Code, as amended

from time to time, found in Chapter 14, Article III of the Ordinances of the City.

Rehabilitated facility means an existing structure or portion of an existing structure

as defined within the Act.

Zone means an area within the City designated under the Act as a Neighborhood

Enterprise Zone.

Sec. 14-72. Inspections.

The City shall have the right at any reasonable hour to inspect any unit located within a zone to determine compliance with the provisions of the Property Maintenance Code.

Sec. 14-73. Certificate of Compliance.

The sale of a unit in a new or rehabilitated facility located within a zone, shall not be finalized until there is compliance with the Property Maintenance Code and the City issues a certificate with respect to the unit.

Sec. 14-74. Penalty.

Whoever violates any provision of this chapter shall, upon a finding of responsibility for a civil infraction, be fined the sum specified in any fine schedules compiled, from time to time, by the city and filed with the court or a city agency of competent jurisdiction.

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-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 ninety (90) days, or both.

Moved by Comm. Fisher and seconded by Comm. Austermann to amend their motion to include an effective date of January 1, 2005. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

Moved by Comm. Sunday-Horstman and seconded by Comm. Brew to adopt the following resolution:

RESOLUTION APPROVING TENTATIVE BOUNDARIES FOR A PROPOSED NEIGHBORHOOD ENTERPRISE ZONE

WHEREAS, Public Act 147 of 1992 authorized certain Michigan communities to create “Neighborhood Enterprise Zones” within which property owners may obtain property tax abatements for improvements to residential housing, or construction of new housing in urban neighborhoods; and

WHEREAS, the Michigan State Tax Commission has certified the City of Sturgis as eligible to participate in the Neighborhood Enterprise Zone (NEZ) Program; and

WHEREAS, on November 10, 2004, The Sturgis City Commission authorized the establishment of a Neighborhood Enterprise Zone permitting abatements for rehabilitation improvements only; and

WHEREAS, the Sturgis City Commission desires to continue to provide residents in eligible neighborhoods with the potential to take advantage of this residential tax abatement program, while at the same time providing an incentive to encourage continued neighborhood revitalization.

NOW THEREFORE BE IT RESOLVED, that the Sturgis City Commission approves the tentative boundaries of a new zone designated for both new and rehabilitated units, said district being described as follows:

Property Parcel Identification Numbers: 75 052 040 101 00; 75 052 040 104 00; 75 052 040 105 00; 75 052 040 106 00; 75 052 777 063 00;

BE IT FURTHER RESOLVED that as required by P.A. 147 of 1992, the City Clerk has provided notice to the City Assessor and each taxing unit within the proposed zone, and that a public hearing was scheduled before the Sturgis City Commission not later than 45 days after the notice was sent, and by way of this resolution, the City Commission set this public hearing on the creation of a Neighborhood Enterprise Zone at 7:30 p.m. on Wednesday, May 12, 2004 in the Wiesloch Raum of City Hall. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

A public hearing was held for consideration of a Local Development Finance Authority. Mayor Haas closed the public hearing Discussion followed.

Assistant City Manager Todd Campbell delivered a presentation regarding the Proposed Railroad Crossing Closure Candidates Report. Discussion followed.

EDC Director John Hayes discussed establishing an Industrial Development District for the 109 acres located at the intersection of Bogen Rd. and S. Nottawa owned by the Sturgis Improvement Association.

Moved by Comm. Sunday-Horstman and seconded by Vice-Mayor Sisson to set a public hearing date of Monday, December 20, 2004 at 7:30 p.m. in the Wiesloch Raum of City Hall to consider establishing an Industrial Development District for the 109 acres located at the intersection of Bogen Rd. and S. Nottawa owned by the Sturgis Improvement Association. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

EDC Director John Hayes informed the Commission that a meeting has been requested by Morgan

Olson, of State Senator Cameron Brown to talk to him in looking for support in their bid efforts on an upcoming U.S. Government Postal contract. The meeting is being tentatively scheduled for

January 4, 2005.

Comm. Austermann thanked the City departments for doing a great job on decorating the downtown area for the holidays.

Comm. Littman welcomed Comm. Brew.

Vice-Mayor Sisson commended the Sturgis Fire/Rescue/Ambulance Department stating that he was very impressed with their services and the way the department was being managed.

Mayor Haas welcomed Comm. Brew and encouraged everybody to support our local service clubs.

Moved by Comm. Austermann and seconded by Comm. Littman that the Sturgis City Commission recess under the Open Meetings Act to discuss the potential purchase of property and ongoing litigation, and to receive legal opinions from City Attorney Roger Bird. Voting yea: Mayer, Sunday-Horstman, Brew, Fisher, Vice-Mayor Sisson, Littman, Austermann, Mayor Haas Voting nay: None Absent: Huber MOTION CARRIED

The meeting recessed at 9:00 p.m. The meeting reconvened at 10:07 p.m.

Moved by Comm. Sisson and seconded by Comm. Littman that the meeting be adjourned. Voting yea: Eight Voting nay: None Absent: Huber MOTION CARRIED

The meeting was adjourned at 10:10 p.m.

______Shelly Stoddard – Deputy City Clerk

The following in an unapproved draft of the minutes taken at the work session held on Monday, December 20, 2004:

WORK SESSION – STURGIS CITY COMMISSION MONDAY, DECEMBER 20, 2004 WIESLOCH RAUM – CITY HALL

Mayor Haas called the meeting to order at 6:30 p.m.

Commissioner present: Austermann, Mayer, Brew, Huber, Fisher, Littman, Vice-Mayor Sisson, Mayor Haas

Commissioners absent: Sunday-Horstman

Also present: City Manager, Assistant City Manager/Director of Community Development, Assistant City Engineer, EDC Director, DDA Director, Sen. Cameron Brown, Dennis Randolph-Managing Director Calhoun County Road Commission, City Clerk

Bobbi Welke, Southwest Michigan Engineer for MDOT, delivered a presentation regarding the US 12 Project. Discussion followed.

The meeting was adjourned at p.m.

______Kenneth D. Rhodes, City Clerk/Treasurer

REGULAR MEETING - STURGIS CITY COMMISSION MONDAY, DECEMBER 20, 2004 WIESLOCH RAUM - CITY HALL

Mayor Haas called the meeting to order at 7:30 p.m.

The Pledge of Allegiance was said by all present.

The Invocation was given by Pastor Rey Morales, La Vina

Commissioners present: Austermann, Mayer, Huber, Brew, Fisher, Littman, Vice-Mayor Sisson, Mayor Haas Commissioners absent: Sunday-Horstman

Also present: City Manager, Assistant to the City Attorney, Assistant City Manager/Director of Community Development, Deputy Chief of Police, EDC Director, Electric Department Superintendent, DDA Director, City Clerk

Electric Department Superintendent John Griffith gave a presentation on the potential of a Wi-Fi Network for the City. Discussion followed.

Moved by Comm. Littman and seconded by Comm. Austermann to approve the Consent Agenda of December 20, 2004 as presented.

A. Action of Minutes of Previous Meetings APPROVAL of the minutes from the December 8, 2004 work session as presented. APPROVAL of the minutes from the December 8, 2004 regular meeting as presented. B. Pay Bills 1. AUTHORIZE the payment of the City bills in the amount of $1,342,294.84, as presented. 2. RATIFY the Hospital bills in the amount of $1,027,729.81, as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

EDC Director John Hayes provided background on the recently purchased property by the Sturgis Improvement Association on Bogen Road for future industrial development.

Mayor Haas opened the Public Hearing to discuss the establishment of an Industrial Development District. Max Benne, 7081 S. Lakeview, explained that he thinks that the best use for part of the proposed industrial property would be as farmland. Mayor Haas closed the Public Hearing.

Moved by Comm. Littman and seconded by Comm. Mayer to adopt the resolution to establish an Industrial Development District (IDD) per the provisions of Public Act 198 for the 29 acres zoned Manufacturing located at the intersection of S. Nottawa Road and Bogen Road and owned by the Sturgis Improvement Association and Frank Miller and Sons. RESOLUTION WHEREAS, there exists in the City of the 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, the Sturgis Improvement Association 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 198, P.A. 1974 as amended, and WHEREAS, construction, acquisitions, alterations, or installation of a proposed facility has not commenced at the time of filing the request to establish this district, and WHEREAS, a Public Notice of the Hearing was published in the Sturgis Journal on Saturday, December 18, 2004, and WHEREAS, the owner of the property was notified by certified mail of the time and place of the Public Hearing, and WHEREAS, a Public Hearing was held by the Sturgis City Commission on Wednesday, December 20, 2004, 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: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

City Manager Tod B. Mowery presented the concept of amending the City of Sturgis Cost Recovery Ordinance. The City Attorney’s office will draft the proposed amendment.

Andy Rogness and Brenda Merrill, Centro De Ayuda Board Members, gave a report on their activities and potential funding sources. Discussion followed.

Moved by Comm. Sisson and seconded by Comm. Huber to adopt the resolution for Centro De Ayuda to assist in funding their program for the 2004/2005 budget year at a level of $25,000 contingent upon the receipt of financial statements. Voting yea: Mayer, Huber, Brew, Fisher, Littman, Sisson, Haas Voting nay: Austermann Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Fisher and seconded by Comm. Austermann to schedule a public hearing for January 12, 2005 at 7:30 pm in the Wiesloch Raum of City Hall to make a final report on the Sturgis Molded Products Infrastructure Project, and to close out the Community Development Block Grant. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Moved by Comm. Littman and seconded by Comm. Brew to adopt the 2005 City Commission meeting schedule as presented. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

The City Commission will meet with E.D.C. Board of Directors at their work session on January 26, 2005 and they will have their annual planning session on February 12, 2005.

The City Commissioners will be reviewing holiday decorations around the City to determine the best display in different precincts.

Moved by Comm. Littman and seconded by Comm. Huber to adjourn the meeting. Voting yea: Eight Voting nay: None Absent: Sunday-Horstman MOTION CARRIED

Meeting was adjourned at 8:50 p.m.

______Kenneth D. Rhodes, City of Sturgis Clerk/Treasurer