City Council Meeting Minutes, February 2, 2004, Owosso, Michigan (MI)

PRESIDING OFFICER:           MAYOR JOHN C.M. DAVIS
OPENING PRAYER:              REV. KENNETH HERBRUCK - OWOSSO ASSEMBLY OF GOD
PLEDGE OF ALLEGIANCE:   MAYOR JOHN C.M. DAVIS

PRESENT: Mayor John C. M. Davis, Mayor Pro-Tem Susan J. Osika, Councilpersons Joane E. Ford, Justin R. Horvath, Mark D. Owen, and Linda L. Robertson.

Motion by Mayor Pro-Tem Osika to approve the Agenda as presented. Motion supported by Councilperson Robertson and concurred in by unanimous vote.

Motion by Councilperson Ford to approve the Minutes of the Regular Meeting of January 20, 2004 as presented. Motion supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

Mayor Davis announced the procedure for the presentations by prospective Councilmembers. Councilperson Owen asked about the two individuals who submitted late letters. It was Council consensus to hear all six who had expressed interest. Police Chief Michael Compeau drew the names to establish order of presentation.

The following individuals addressed the City Council for two minutes expressing their interest in the position:

Dr. John Morovitz, 2050 Sunset Drive, addressed the City Council regarding his hope for favorable consideration of the request for the grant application as it relates to the Lebowsky Center. He also commented in support of the Owosso Community Players’ activities.

Special Assessment District No. 2004-09 Osburn Lakes Single-Family Development Phase I

WHEREAS, the City Council of the City of Owosso deems it necessary to acquire and construct the following described improvement:

1. The matter of making said public improvement is hereby referred to the City Manager, who shall prepare a report thereon, which shall include plans and detailed estimates of the cost thereof and a description of the special assessment district and such other pertinent information as will permit the City Council to decide the cost, extent and necessity of the public improvement and what proportion of the cost should be paid by the City at large.

2. The City Manager shall present said report to the City Council when same has been prepared.

Special Assessment District No. 2004-09 Osburn Lakes Single-Family Development Phase I

WHEREAS, the City Council has ordered the City Manager to prepare a report for public improvement, more particularly hereinafter described; and

WHEREAS, the City Manager prepared said report and the same has been filed with the City Council as required by the Special Assessment Ordinance of the City of Owosso and the Council has reviewed said report.

1. The plans and estimate of cost and the report of the City Manager for said public improvement shall be filed in the office of the City Clerk and shall be available for public examination.

2. The City Council hereby determines that the Public Improvement hereinafter set forth is necessary.

3. The City Council hereby approves the estimate of cost of said public improvement to be $775,000.00 and determines that the total amount thereof shall be paid by special assessment imposed on the lots and parcels of land more particularly hereinafter set forth, which lots and parcels of land are hereby designated to be all of the lots and parcels of land to be benefited by said improvements.

4. The City Council hereby determines that the portion of the cost of said public improvement to be specially assessed shall be assessed in accordance with the benefits to be received.

5. The City Council shall meet at the Owosso City Hall Council Chambers on Tuesday, February 17, 2004 for the purpose of hearing all persons to be affected by the proposed public improvement.

6. The City Clerk is hereby directed to cause notice of the time and place of the hearing to be published once in The Argus Press, the official newspaper of the City of Owosso, not less than seven (7) days prior to the date of said hearing and shall further cause notice of said hearing to be sent by first class mail to each owner of property subject to assessment, as indicated by the records in the City Assessor's Office as shown on the general tax roll of the City, at least (10) full days before the time of said hearing, said notice to be mailed to the addresses shown on said general tax rolls of the City.

7. The notice of said hearing to be published and mailed shall be in substantially the following form:

PT OF NE 1/4 OF SEC 18 & PT OF SE 1/4 OF SECTION 7, T7N-R3E, CITY OF OWOSSO, DES AS BEG AT A PT ON N-S 1/4 LN OF SAID SECTION 18, WHICH IS S01O03’40”W 574.96 FT FROM THE N 1/4 COR OF SAID SEC 18; TH S89O01’21”E 870.02 FT; TH N00 O25’59”W 625.15 FT; TH N89O01’21”W 100.03 FT; TH N00O25’59”W 383.70 FT; TH S89O12’50”E 1231.17 FT; TH S00O30’20”E 437.83 FT; TH S01O17’56”W 1098.05 FT; TH S81O30’01”W 836.77 FT; TH N90O00’00”W 167.13 FT; TH N01O03’40”E 313.94 FT; TH N88O56’20”W 125.00 FT; TH S01O03’40”W 25.00 FT; TH N88O56’20”W 60.00 FT; TH N01O03’40”E 44.41 FT; TH N88O56’20”W 240.00 FT; TH S01O03’40”W 35.00 FT; TH N88O56’20”W 60.00 FT; TH N01O03’40”E 25.00 FT; TH N88O56’20”W 120.00 FT; TH S01O03’40”W 450.00 FT; TH N88O56’20”W 120.00 FT; TH S01O03’40”W 48.46 FT; TH N88O56’20”W 60.00 FT; TH N01O03’40”E 25.00 FT; TH N88O56’20”W 205.00 FT TO SAID N-S 1/4 LN OF SEC 18; TH N01O03’40”E, ALONG SAID N-S 1/4 LN, 812.36 FT TO POB. (52.72 AC M/L) SUBJ TO RD ROW & ANY REC OR UNREC ESMT OF BENEFIT OR BURDEN.

TAKE NOTICE that the City Council intends to acquire and construct the following described public improvement: infrastructure development. The City Council intends to defray apart or all of the cost of the above-described public improvement by special assessment against the above described property.

TAKE FURTHER NOTICE that City Council has caused plans and an estimate of the cost and report for the above described public improvement to be prepared and made by the City Manager and the same is on file with the City Clerk and available for public examination.

TAKE FURTHER NOTICE that the City Council will meet at the Owosso City Hall Council Chambers, Owosso, Michigan at 7:30 o'clock p.m. on Tuesday, February 17, 2004 for the purpose of hearing any person to be affected by the proposed public improvement.

Bid Award. Accepted low bid from Berger Chevrolet for four police cars at $17,837.00 each.

Traffic Control Order No. 1129. Authorized Traffic Control Order No. 1129 to read as follows: In front of 220 North Park Street – Change 15 minute sign to Two-Hour Parking Monday-Friday from 8:00 a.m. to 5:00 p.m.

Traffic Control Order No. 1130. Authorized Traffic Control Order No. 1130 to read as follows: Change from Leased Parking to two-hour parking Monday-Friday 8 a.m. to 5 p.m. The three (3) Northeast parking spaces in the Park/Exchange Lot.

AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson and Mayor Davis.

Motion by Mayor Pro-Tem Osika to authorize the following grant agreement with the Michigan Council for the Arts and Cultural Affairs regarding the Lebowsky Center Lighting Project and further authorize Philip B. Hathaway, Director of Community Development, to execute appropriate documents:

MCA 5 (11/02) - Michigan Department of History, Arts and Libraries - state CI std
MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS
GRANT AGREEMENT FOR ARTS SERVICES
Control #: 04CI0004ZZ

The MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS, a state agency (the 'Council') and City of Owosso, (the 'Grantee') enter this Grant Agreement for Arts Services ('Grant Agreement') on January 21, 2004 and mutually agree as follows:

This Grant Agreement is executed under authority of Sec. 11(6)(d) of the History, Arts and Libraries Act, 2001 PA 63, MCL 399.711 and Sec. 401(4) or 2002 PA 523.

The period of this Grant Agreement shall be from October 1, 2003 and extending to September 30, 2004, unless prior termination is effectuated by the Council pursuant to

Provide renovations of the Lebowsky Center Theater to include replacement of the theater lighting system, as more specifically set forth in the grant application or revised 'grantee information form', which is incorporated in this Grant Agreement.

The project shall be completed before the last date listed in Section 2. If the Grantee is delayed in completing the project by an event beyond its control, the Council has the sole discretion to extend the date for completing the project. A time extension shall be the only remedy for a delay.

The Grantee expressly warrants and guarantees to the Council that the project will conform to the specifications for the project and will not be defective. The Grantee's obligations for correction of the project work are in addition to any warranties or guarantees required by the Grantee's contractors or by law. Nothing contained in this Grant Agreement shall be construed to establish a period of limitations for the Grantee to warrant and guarantee that the project work will not be defective.

During the construction of the project, the Grantee may request changes to the project as originally set forth in the grant application. The Grantee shall submit a complete description and itemized cost estimate to the Council before performing the work required by the requested change. The Council has the sole discretion whether to accept the proposed changes. The parties must agree in writing to any changes to the subject.

The project shall comply with Michigan barrier free design requirements set forth in 1966 PA l; MCL 125.1351 et seq., and related rules.

Grantee shall submit to the Council the date, time and location of any public activities conducted in connection with the grant as far in advance of the activity as is practical. Grantee shall comply with all financial and other requirements as outlined in the Fiscal Year 2004 Council Program Guidelines, which are incorporated herein by reference.

The Council shall pay the Grantee an amount not to exceed $10,000 on the following dates and in the following amounts, subject to the Grantee's compliance with this Grant Agreement. The Council, in its sole discretion, shall determine whether the Grantee has fulfilled all Grant Agreement terms and conditions. If the Council determines that the Grantee has failed to comply with any term or condition, the Grantee shall not be entitled to any payment listed below:

Amount: Date: Stipulation:

__________________________________________________________________________________________

$4,000.00 2/3/2004 Upon processing of signed agreement

$1,800.00 4/15/2004

$2,600.00 7/15/2004

$1,600.00 11/30/2004 Upon council approval of final report due 10/31/04

The Grantee shall meet the above listed conditions at least 30 days prior to the indicated payment date, so that the Council will have adequate time to process scheduled payments. Failure to comply with any deadlines will delay payment or may cause termination of this Grant Agreement pursuant to section 7. Further, if the Legislature fails to appropriate funds or an Executive Order reduces or eliminates the Council's ability to make payment, the Council shall not be obliged to make those payments.

The payment amounts set forth in this section shall, at a minimum, be matched on an equal dollar-for-dollar basis from local and private contributions paid and received by the Grantee. The dollar-for-dollar match may include the reasonable value of services, materials, and equipment as allowed under the Federal Internal Revenue Code for charitable contributions, subject also to the pre-approval of such a match by the Council. The Council shall receive proof of the entire amount of the matching funds, services, materials, and/or equipment by the end of the award period.

No member of the Legislature of the State of Michigan or any individual employed by the State may share in the awarded grant or any benefit that arises from the grant.

The Grantee may not redistribute any grant awarded under this Grant Agreement or the matching funds which conferred eligibility for the grant to any other entity, unless specifically provided for in this Grant Agreement.

The Council may terminate this Grant Agreement for any reason by giving 5 days written notice to the Grantee. Upon termination, the Council shall have no further obligation to make the payments described in Section 5.

The Grantee will furnish and maintain during the term of this grant agreement public liability, property damage, and workers' compensation insurance insuring, as they may appear, the interests of the parties to this Grant Agreement. The Grantee is responsible for ensuring that all precautions are exercised at all times for the protection of all persons and property. The Grantee shall secure all necessary certificates and permits from municipal or other public authorities and comply with all national, state, and municipal laws, ordinances, and regulations as may be required in connection with the performance of this Grant Agreement.

The State of Michigan, the Department of History, Arts and Libraries and the Council, and their organizational units, officers, agents, and employees shall not be liable to the Grantee, nor to any individuals or entity with whom the Grantee contracts, for any direct, indirect, incidental, consequential or other damages incurred as a result of activities, actions or inactions on the part of the Grantee for services rendered pursuant to this Grant Agreement resulting in litigation; from the Council's decision not to make payment to the Grantee pursuant to Section 5; or from termination of this Grant Agreement pursuant to Section 7. Any liability resulting from activities engaged in by the Grantee, or its subgrantee, shall be the sole responsibility of the Grantee. Grantee agrees to hold the State of Michigan and the Council, and their organizational units, officers, agents, and employees harmless in the event of any judgement incurred as a result of the activities described in this section

This Grant Agreement is not intended to make any person or entity not a party to this grant agreement a third party beneficiary of this Grant Agreement or to confer on a third party any rights or obligations enforceable in their favor.

The Grantee shall prominently display the Council's name and logo in printed materials associated with the grant and to include support credit in each broadcast promotion as follows:

'This activity is supported by the MICHIGAN COUNCIL FOR ARTS AND CULTURAL AFFAIRS.'

When no printed material is used, verbal acknowledgment shall be given prior to or at the beginning of each presentation. The Grantee shall transmit copies of printing, photographs, advertising and program materials prepared for this activity to the Council.

The Grantee shall maintain appropriate documents, journals, ledgers and statements in accordance with generally accepted accounting practices, to retain these records for a period of not less than 4 years from the date of completion of the final report prepared pursuant to Section 16, and to make these documents available for examination and audit by appropriate agents of the State and/or Federal Government. Grantee shall use cost accounting principles which comply with Federal requirements as set forth in Federal OMB Circular A-122, 'Cost Principles for Nonprofit Organizations' or OMB Circular A-21, 'Cost Principles for Educational Institutions' or OMB Circular A-87, 'Cost Principles for State and Local Governments', whichever applies.

Grantee shall comply with the applicable administrative requirements for grants-in-aid as set forth in Federal OMB Circular A-102, 'Uniform Administrative Requirements for Grants-in-Aid and Local Governments' or OMB Circular A-110, 'Grants and Agreements with Institutions of Higher Education, Hospitals and other nonprofit Organizations' and applicable sections of Federal OMB Circular A-133, 'Audits of State and Local Governments'.

Grantee certifies compliance with Executive Order 79-4, the Elliott-Larsen Civil Rights Act, 1976 PA 453, MCL 372.101 et seq., and all other pertinent federal, state and local fair employment practices and equal opportunity laws. The Grantee covenants not to discriminate against any employee or applicant for employment, to be employed when services under this Grant agreement are undertaken, with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, on the grounds of race, color, religion, national origin, age, sex or disability, or to exclude any person from participation in, deny any person the benefits of, or discriminate any person due to the above-listed grounds with respect to any program or activity funded in whole or part under this Grant Agreement. The Grantee agrees to include the aforementioned covenant in every contract or subgrant entered into by the Grantee to effectuate this Grant Agreement. Grantee certifies that there are established policies to provide equal opportunity to participate in and benefit from all programs, activities and services and equal employment opportunities; agrees to take steps necessary to correct any under representation and achieve a reasonably representative work force at all levels of employment; and agrees to state in all promotional materials, advertisements, and recruiting materials its equal opportunity policies and to post notices setting forth the law on equal opportunity and Grantee's policies in conspicuous places.

All professional performers and related or supporting professionals employed on projects or in productions which are financed in whole or in part under this grant agreement will be paid, without deduction or rebate on any account, not less than the minimum compensation determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities. Furthermore, no part of any project or production which is financed in whole or in part under this grant agreement will be implemented under working conditions which are unsanitary, hazardous or dangerous to the health and safety of those involved. Compliance with the safety and sanitary laws of the State in which the activity or part thereof takes place shall be prima facie evidence of compliance. The Council may terminate this Grant Agreement if the name of the Grantee or any contractor, manufacturer or supplier of the Grantee appears in the register compiled by the Michigan Department of Consumer and Industry Services pursuant to 1980 PA 278, MCL 423.321 et seq.

(a) A final report covering the grant period, which is due within 30 days after the end of the grant period. The final report shall indicate at least the following:

(b) If the Grantee is receiving grants greater than $100,000 under this Grant Agreement, the Grantee shall also submit an interim report indicating the information identified in paragraph (a), by April 7, 2004.

Failure to submit the above-described reports in a timely manner may void Grantee's claim to funds under his Grant Agreement. In order to provide members of the Council, appropriate Council evaluations and staff an opportunity to appraise the nature and caliber of activities supported by Council funds, Grantee agrees to admit those individuals to activities without charge and to cooperate with in-depth reviews and evaluations as may be required.

The Grantee certifies, by signature to this Grant Agreement, that neither he/she/it nor any principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the grant by any federal department or agency. If the Grantee is unable to certify to any portion of this statement, the Grantee shall attach to this Grant Agreement an explanation of the reason.

This grant agreement is governed by the laws of the State of Michigan and supersedes all prior agreements, documents and representations between the Council and the Grantee, whether expressed, implied, oral or otherwise. This Grant Agreement constitutes the entire agreement between the parties and may not be amended, except by written instrument executed by both parties prior to the termination date set forth in Section 2. No party to this grant agreement may assign this Grant Agreement or any of his/her/its rights, interest or obligations hereunder without prior consent of the other party. The Grantee agrees to inform the Council in writing immediately of any proposed changes of dates, budget or services indicated in this Grant Agreement, as well as changes of address or personnel affecting this Grant Agreement. Changes in dates, budget or services are subject to the Council's approval. If any provision of this Grant Agreement is deemed void or unenforceable, the remainder of the Grant Agreement shall remain valid.

(Special Note: This Agreement will be signed by Betty Boone, Executive Director, Michigan Council for Arts and Cultural Affairs and Phil Hathaway, City Planner & Dev. Director for the City of Owosso.)

AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson and Mayor Davis.

Motion by Councilperson Robertson to authorize the following sub-recipient agreement with the Owosso Community Players regarding the Lebowsky Center Lighting Project and further authorize the Mayor and City Clerk to execute appropriate documents:

THIS SUBRECIPIENT AGREEMENT (hereinafter referred to as the "Agreement"), made and entered into as of this ___________day of February, 2004, by and between the CITY OF OWOSSO, a Michigan municipal corporation, with offices at 301 W. Main Street, Owosso, MI 48867 (hereinafter referred to as the "Grantee"), and The Owosso Community Players, P.O. Box 606, Owosso, MI 48867, a Michigan non-profit corporation, (hereinafter referred to as the "Subrecipient").

WHEREAS, the Subrecipient has requested the Grantee to provide grant funds to finance the Lebowsky Center Electrical System Restoration (hereinafter referred to as the "Project"), as defined in the grant agreement attached herewith, and the Grantee is willing to provide such funds as a pass-through grant based upon the terms and conditions hereinafter set forth; and

WHEREAS, the Subrecipient has agreed to carry out all specific line item financial reporting and record keeping, administration, and implementation of said Project;

NOW THEREFORE, in consideration of the mutual covenants and agreement hereinafter set forth, the parties hereto agree to the terms of this Agreement which defines the conditions of said administration and implementation.

The Project, as defined in the grant agreement entitled, Grant Agreement for Arts Services, Control # 04C 100004ZZ (hereinafter the "Agreement"), shall be performed by the Subrecipient according to the description of project activities, Rider A (attached), and the revised budget summary (attached), and shall be completed according to the time frame defined in the Contract Grant Agreement. Contractor selection shall follow Federal procurement guidelines listed in the OMB Circular A-122. Board Members involved with contractor selection shall attest to no conflict of interest in the selection.

Grantee shall receive funds from the State of Michigan according to a schedule listed in the agreement. Said funds shall pass through to the Subrecipient in relation to the Subrecipient's immediate need to expend such funds to carry out activities as approved in the Contract, and grant funds will only be released by the Grantee on such immediate need basis. Prior to disbursement of funds, the Subrecipient will submit evidence of a proportional expenditure in private funds.

The Subrecipient has or shall obtain all federal, state, and local government approvals and reviews required by law to be obtained for the Project. Specific requirements regarding equal opportunity and fair labor standards are specific areas of emphasis that require compliance with the Contract.

The Subrecipient will submit to the State of Michigan Grant Manager any and all documents demonstrating compliance with all federal and state regulations. Such demonstration will be provided at the request of the State of Michigan Grant Administrator.

Both the Grantee and the Subrecipient shall receive and maintain a complete Grantee/Subrecipient Agreement.

The Subrecipient shall make available to authorized state officials and representatives access to all books, accounts, records, reports, files, and other papers, things, or property pertaining to the Project in order to make audits, examinations, excerpts and transcripts; each contract or subcontract also shall provide for such access to relevant data and records pertaining to the development and implementation of the Project.

The Subrecipient accepts responsibility for audit costs as may be required by the Contract or City annual audit procedures. The Subrecipient accepts responsibility for findings of Contract noncompliance with Contract terms that are transferred to Subrecipient by this Agreement that may involve an obligation to return a portion or all of the project grant revenues to the State of Michigan.

In addition to the obligations of the above terms, the Subrecipient shall have responsibility for compliance with the terms of the Contract (attached). Subrecipient acknowledges receipt of the Contract and MCACA CREDIT communication from the State regarding special compliance obligations related to Promotion and Public Activities. Prior to Project close-out Subrecipient shall provide Grantee with the evidentiary materials demonstrating compliance with promotional credits to the State of Michigan.

IN WITNESS WHEREOF, the parties hereto have agreed to the provisions, conditions, and consideration of this Agreement as of the day and year first written above.

(Special Note: The Mayor and City Clerk will sign on behalf of the City of Owosso and the President of the Owosso Community Players will sign on their behalf.)

Michigan Department of History, Arts and Libraries
Michigan Council for Arts and Cultural Affairs
525 West Ottawa P.O. Box 30706
REVISED RIDER A
Lansing, MI 48909

List in Chronological / sequential order each major activity in project completion:

AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson and Mayor Davis.

City Manager Gregg G. Guetschow explained the process for selecting a candidate.

Councilperson Owen asked Mayor Pro-Tem Osika and Councilperson Robertson why they had nominated Mr. Sumrack and Mr. Early. Both responded with their reasons.

Charles J. Sumrack was elected by a 4-2 vote of the City Council to fill the vacancy created by the resignation of Mark C. Anderson for a term ending November 2005.

City Clerk Gail L. Schultz administered the Oath of Office to Mr. Sumrack. Councilperson Sumrack was seated at the Council table.

Dr. Morovitz, 2050 Sunset Drive, thanked City Council for their continued support of the Owosso Community Players and the Lebowsky Center activities.

Sheri Bakos, 1309 North Gould Street, introduced herself and other members of Leadership Shiawassee in attendance at the Council meeting.

Burton Fox, 216 East Oliver Street, commented in support of the Lebowsky Center and the Railroad Road Institute and other things we have to offer in our community.

Christopher Eveleth, 729 North Dewey Street, congratulated Mr. Sumrack on his appointment.

Selva Cebulski, 1243 Marion Street, thanked the City for the great job of snow removal during the recent snowfall.

Eddie Urban, 601 Glenwood Avenue, commented regarding the item that he had found while metal detecting and received a thank you for. He also addressed Chief Compeau regarding the officer who had notified him about his dome light being on. He also expressed appreciation for Mr. Fox’s show on cable TV.

Motion by Councilperson Ford for adjournment at 8:11 p.m., supported by Councilperson Sumrack and concurred in by unanimous vote.

City Council Minutes

February 2, 2004 - 7:30pm

City of Owosso
301 W. Main Street
Owosso, MI 48867
(989) 725-0599
All information © 2011 Owosso, MI
Site Usage Policy

City Council Minutes

February 2, 2004 - 7:30pm

City of Owosso 301 W. Main Street Owosso, MI 48867 (989) 725-0599 All information © 2011 Owosso, MI Site Usage Policy

City of Owosso
301 W. Main Street
Owosso, MI 48867
(989) 725-0599
All information © 2011 Owosso, MI
Site Usage Policy