City Council Minutes

PRESIDING OFFICER:           MAYOR JOHN C.M. DAVIS
OPENING PRAYER:              REV. JOHN WALWORTH - CHAPLAIN, MEMORIAL HEALTHCARE CENTER
PLEDGE OF ALLEGIANCE:   TERRY J. CARRIVEAU

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

ABSENT:         None.

APPROVE AGENDA   

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

APPROVE MINUTES – FEBRUARY 17, 2004

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of February 17, 2004 as presented.  Motion supported by Councilperson Ford and concurred in by unanimous vote.

Mayor Davis read the Rules for Addressing the City Council.

PROCLAMATIONS / SPECIAL PRESENTATIONS

LETTER OF RECOGNITION

Mayor Davis read the following Letter of Recognition from the Mayor’s Office acknowledging the efforts of the Mid-Michigan Chapter of the American Red Cross, Baker College of Owosso and the newly formed Pathways Red Cross Club:

A LETTER OF RECOGNITION FROM THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
RECOGNIZING
THE PATHWAYS RED CROSS CLUB

The Mayor and Owosso City Council, on behalf of all local residents, expresses Sincere Congratulations to the Mid-Michigan Chapter of the American Red Cross and Baker College of Owosso upon their receipt of a grant from the American Red Cross to implement Red Cross Clubs for youths.  This grant is one of twelve awarded nationwide.  This is an achievement to be very proud of.

In partnership with the Mid-Michigan Chapter of the American Red Cross, Baker College of Owosso has implemented a Red Cross Club for the Pathways alternative education students.  The Club utilizes a curriculum that provides a foundation for learning about leadership, teamwork, volunteerism and service.  Club projects include intergenerational activities at the Shiawassee County Medical Care Facility, integration of Together We Prepare in class activities, training in Community First Aid and CPR and volunteer service at local blood drives and food pantry activities.

It is the intent of this Office that this Special Contribution of the members of the Pathways Red Cross Club, The Mid-Michigan Chapter of the American Red Cross, and Baker College of Owosso to our community be recognized, and it is with great pride and honor that I, John C.M. Davis, Mayor of the City of Owosso, offer to you: “CONGRATULATIONS AND BEST WISHES!”

Baker College of Owosso Education Coordinator for Pathways Laura Tepper and Pathways students Noel Archambault and Dawnell DeVoe were in attendance.

Mayor Davis commented regarding the plaque that the City had received in recognition of its twenty-year membership in the Chamber of Commerce.

STAFF PRESENTATION

City Assessor Larry D. Cook addressed the City Council and audience regarding the assessing process and the 2004 assessed values for the City of Owosso.

CITIZEN COMMENTS

Betty Coon, 1204 Palmer Street, commented regarding the burning issue.

Ed Urban, 601 Glenwood Avenue, thanked the Independent for its article about burning.

Terry Carriveau, 114 North Howell Street, commented regarding Council procedure for appointing a member to the City Council and job creation.

CONSENT AGENDA

Motion by Councilperson Ford to approve the Consent Agenda as follows:

Conduct First Reading and Set Public Hearing-Rezoning Request

The First Reading on the proposed Ordinance Amendment was held.

A Public Hearing was scheduled for March 15, 2004 to receive citizen comment regarding the proposed amendment to Section 38-27, Chapter 38, Article II, District Boundaries, of the Code of the City of Owosso, as follows:

AN ORDINANCE TO AMEND SECTION 38-27 OF CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

SECTION 1.  THE CITY OF OWOSSO ORDAINS: That Section 38-27 of Chapter 38 of Article II of the Owosso City Code, District Boundaries, is hereby amended by changing the designation of the following lots and parcels of land designated in a zoning map of the City of Owosso, and referred to in said Section and made a part thereof, which said lots and parcels hereby intended to be redesignated are not described in body of said Section as in certain zone districts; said designation being as follows:

APPLICANT:                            Michigan State Trust for Railway Preservation, Inc.

PROPERTY ADDRESS:           405 South Washington Street

PROPOSED REZONING: 
FROM:       I-1, Light Industrial District
TO:            B-4, General Business District

PROPERTY DESCRIPTION:      COM AT INT OF CL GTWRR TRACK E LN WASHINGTON ST TH N'LY 72' +- ALG ST LN TO POB TH E'LY 139', TH N'LY 96' PAR W/ SD ST LN, TH W'LY 139' TH S'LY 96' ON E LN WASHINGTON ST TO POB (13,344 SQ FT) A L WILLIAMS ADD TO VILLAGE OF OWOSSO

SECTION 2.  The changes made in the zoning in the lots and parcels of land hereinbefore described are hereby ordered to be redesignated on said map in accordance with this Ordinance.

SECTION 3.  This Ordinance shall take effect twenty (20) days after passage.

Set Public Hearing-Obsolete Property Rehabilitation District.  Set a public hearing for March 15, 2004 to receive citizen comment regarding the eligibility of the property located at 104-108 North Washington Street for an Obsolete Property Rehabilitation District

Set Public Hearing-Obsolete Property Rehabilitation District.  Set a public hearing for March 15, 2004 to receive citizen comment regarding the eligibility of the property located at 122 North Washington Street for an Obsolete Property Rehabilitation District.

Set Public Hearing-Alley Closure

Whereas, The Owosso City Council has determined it advisable to consider the necessity of vacating, discontinuing, and abolishing the public alley described as follows, to wit: Public alley adjacent to Lots 1, 2, 3, 4, 5 & 6, Block 19, A.L. Williams Addition of the City of Owosso, Shiawassee County, Michigan.  (Bounded by E. Howard Street, S. Saginaw Street, Corunna Avenue, and S. Park Street.)

Pursuant to the provisions of Section 29-154 of the 1988 Owosso City Code and Act 288, Public Acts of 1967, as amended, the Owosso City Council does hereby establish 7:30pm, Monday, March 15, 2004 in the Owosso City Hall Council Chambers as the time and place to hold a Public Hearing to hear all objections to said proposed alley closure and hereby directs the City Clerk to cause a notice of said Public Hearing to be published in the Owosso Argus Press at least seven days prior to the date of said hearing.

Disposal of Land-Twenty-one Day Posting Period.  Received corrected descriptions for parcels in the 600 and 700 block of River Street as follows:

Descriptions (old) of Existing Parcels:

050-536-000-083-00          702 River Street

COM AT SW COR OF BLK 1 LUCY L COMSTOCKS ADD N 120' E 66' S 120' W 66' TO POB SEC 13 (OVER LAPS PARCEL 050-536-000-085-00)

050-536-000-084-00          309 Howell Street

BEG AT A PT 120' N OF SE COR LOT 1 BLK 6 AL & BO WILLIAMS ADDN, E 66', N TO SHIAWASSEE RIVER, W'LY ALNG SD RIVER TO NE COR SD LOT 1, S ALNG E LN SD LOT 1 TO POB

050-536-000-085-00          624 River Street

SEC 13 COM ON N SIDE OF RIVER ST 62' W OF S W COR LOT 1 BLK 1 LUCY COMSTOCKS ADD N TO SHIAWASSEE RIVER W 62' S TO RIVER ST E TO BEG (OVERLAPS PARCEL 050-536-000-083-00)

050-536-000-086-00          618 River Street

SEC 13 COM ON N SIDE OF RIVER ST AT SW COR LOT 1 BLK 1 LUCY COMSTOCKS ADD N TO SHIAWASSEE RIVER W 60' S TO RIVER ST E TO BEG

050-660-006-001-00          710 River Street

E 66' OF S 120.5' OF LOT 1 BLK 6 A L & B O WILLIAMS ADD

050-660-006-002-00          706 River Street

S 1/2 OF N 1/2 OF E 1/2 LOT 1 BLK 6 AL & BO WILLIAMS ADD

050-660-006-003-00          708 River Street

E 66' OF LOT 1 BLK 6 A L & B O WILLIAMS ADD EXC S 184-1/2'

050-660-006-004-00          714 River Street

PART OF LOT 1 BLK 6 A L & B O WILLIAMS A DD BEG ON N LN RIVER ST, 31' E OF SW COR LOT 1 TH E TO A PT 66' W OF SE COR LOT 1 TH N TO SHIA RIV TH W TO A LN 31' E OF W LN LOT, TH S TO BEG

To be corrected as follows with the following Descriptions (new) after survey:

050-536-000-083-00          702 River Street

PART OF SW ¼ SEC 13, DESC AS BEG AT A PT N00*18’14”E ON N-S ¼ LN A DIST OF 684.45 FT & N89*18’03”W ON N LN OF RIVER ST A DIST OF 767.18 FT FROM S ¼ COR OF SEC, TH CONT N89*18’03”W 63 FT, N01*05’03”E 120 FT, S89*18’03”E 63 FT, S01*05’03W 120 FT TO POB.

050-536-000-084-00          309 Howell Street

PART OF SW ¼ SEC 13, DESC AS BEG AT A PT N00*18’14”E ON N-S ¼ LN A DIST OF 684.45 FT & N89*18’03”W ON N LN OF RIVER ST A DIST OF 767.18 FT & N01*05’03”E 120 FT FROM S ¼ COR OF SEC, TH N89*18’03”W 63 FT, N01*05’03”E 72 FT, N89*18’03”W 4.57 FT, N00*59’13”E 100 FT, S80*53’38”E ON TRAV LN ALNG SLY BANK OF SHIA RIVER A DIST OF 68.40 FT, TH S01*05’03”W 162 FT TO POB.  ALSO INC LAND LYING BETWEEN TRAV LN AND RIVER & ELY & WLY BOUNDRY LNS EXTENDED NLY.  SUBJ TO ESMT FOR INGRESS & EGRESS OVER N 10 FT OF S 82 FT OF W 4.57 FT THEREOF

050-536-000-085-00          624 River Street

PART OF SW ¼ SEC 13, DESC AS BEG AT A PT N00*18’14”E ON N-S ¼ LN A DIST OF 684.45 FT & N89*18’03”W ON N LN OF RIVER ST A DIST OF 706.18 FT FROM S ¼ COR OF SEC, TH CONT N89*18’03”W 61 FT, N01*05’03”E 282 FT, S59*06’59”E ON TRAV LN ALONG SLY BANK OF SHIA RIVER 70.29 FT, TH S01*05’03”W 246.66 FT TO POB.  ALSO INC LAND LYING BETWEEN TRAV LN AND RIVER & ELY & WLY BOUNDRY LNS EXTENDED NLY. 

050-536-000-086-00          618 River Street

PART OF SW ¼ SEC 13, DESC AS BEG AT A PT N00*18’14”E ON N-S ¼ LN A DIST OF 684.45 FT & N89*18’03”W ON N LN OF RIVER ST A DIST OF 644.18 FT FROM S ¼ COR OF SEC, TH CONT N89*18’03”W 62 FT, N01*05’03”E 246.66 FT, N89*27’28”E ON TRAV LN ALONG SLY BANK OF SHIA RIVER 62.02 FT, TH S01*05’03”W ON W LN OF LOT 1, BLK 1, LUCY D. COMSTOCK’S ADD 248 FT TO POB.  ALSO INC LAND LYING BETWEEN TRAV LN AND RIVER & ELY & WLY BOUNDRY LNS EXTENDED NLY. 

050-660-006-001-00          710 River Street

PT OF SW ¼ SEC 13 & BEING PT OF LOT 1, BLK 6, AL & BO WILLIAMS ADD, DESC AS BEG N00*18’14”E ON N-S ¼ LN OF SAID SEC 684.45 FT & N89*18’03”W ON N LN OF RIVER ST 844.18 FT FROM S ¼ COR OF SAID SEC, TH CONT N89*18’03”W 56.24 FT, N00*59’13”E 120.50 FT, S89*18’03”E 56.44 FT, S01*05’03”W 120.50 FT TO POB.

050-660-006-002-00          706 River Street

 PT OF SW ¼ SEC 13 & BEING PT OF LOT 1, BLK 6, AL & BO WILLIAMS ADD, DESC AS BEG N00*18’14”E ON N-S ¼ LN OF SAID SEC 684.45 FT & N89*18’03”W ON N LN OF RIVER ST 844.18 FT & N01*05’03”E 120.50 FT FROM S ¼ COR OF SAID SEC, TH N89*18’03”W 56.44 FT, N00*59’13”E 71.50 FT, S89*18’03”E 56.57 FT, S01*05’03”W 71.50 FT TO POB.    

050-660-006-003-00          708 River Street

PT OF SW ¼ SEC 13 & BEING PT OF LOT 1, BLK 6, AL & BO WILLIAMS ADD, DESC AS BEG N00*18’14”E ON N-S ¼ LN OF SAID SEC 684.45 FT & N89*18’03”W ON N LN OF RIVER ST 844.18 FT & N01*05’03”E 192 FT FROM S ¼ COR OF SAID SEC, TH N89*18’03”W 61.43 FT, N00*59’13”E 95.43 FT, N86*44’26”E ON TRAV LN ALONG SLY BANK OF SHIA RIVER 66.18 FT, TH S00*59’13”W 100 FT, N89*18’03”W 4.57 FT TO POB.  ALSO INC LAND LYING BETWEEN TRAV LN AND RIVER & ELY & WLY BOUNDRY LNS EXTENDED NLY.  ALSO INC NON EXCLUSIVE ESMT FOR INGRESS & EGRESS, BEG N00*18’14”E ON N-S ¼ LN OF SAID SEC 684.45 FT & N89*18’03”W ON N LN OF RIVER ST 830.18 FT & N01*05’03”E 192 FT FROM S ¼ COR OF SAID SEC, TH N89*18’03”W 4.57 FT, N00*59’13”E 10 FT, S89*18’03”E 4.57 FT, S00*59’13”W 10 FT TO POB.

050-660-006-004-00          714 River Street

PT OF SW ¼ SEC 13 & BEING PT OF LOT 1, BLK 6, AL & BO WILLIAMS ADD, DESC AS BEG N00*18’14”E ON N-S ¼ OF SAID SEC 684.45 FT & N89*18’03”W ON N LN OF RIVER ST 900.42 FT FROM S1/4 COR, TH CONT N89*18’03”W 59.19 FT, N01*02’45”E 312.13 FT, S66*30’02”E ON TRAV LN ALONG SLY BANK OF SHIA RIVER 63.72 FT, TH S00*59’13”W 287.43 FT TO POB.  ALSO INC LAND LYING BETWEEN TRAV LN AND RIVER & ELY & WLY BOUNDRY LNS EXTENDED NLY.

ALLEY

PART OF SW ¼ SEC 13, DESC AS BEG AT A PT N00*18’14”E ON N-S ¼ LN A DIST OF 684.45 FT & N89*18’03”W ON N LN OF RIVER ST A DIST OF 830.18 FT FROM S ¼ COR OF SEC, TH CONT N89*18’03”W 14 FT, N01*05’03”E 192 FT, S89*18’03”E 14 FT, S01*05’03”W 192 FT TO POB

and filed with the City Clerk until the meeting of April 5, 2004 to allow for the twenty-one day public inspection period.

Change Order.  Authorized Change Order No. 7 to deduct $1,165.00 to the bid award amount for J.R. Heineman & Sons, Inc. for various miscellaneous items for the Waste Water Treatment Plant Project.

Bid Award.  Accepted low bid from Perrin Construction Inc. for replacement of storm sewer, curb and gutter, and drive approaches for Michigan Avenue, including road surface preparation for brick placement, in the amount of $118,394.00.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

CONTRACT AGREEMENT-MICHIGAN DEPARTMENT OF TRANSPORTATION

Mayor Davis commented regarding the timing of traffic signals.

Motion by Councilperson Owen to authorize a Contract Agreement with the Michigan Department of Transportation for the purpose of fixing the rights and obligations of the parties in agreeing to construction improvements in conjunction with the Department’s construction on Highway M-52 as it relates to the M-52 bridge detour project and to further authorize the Mayor John C.M. Davis and City Clerk Gail L. Schultz to execute appropriate documents as follows:

SPECIAL TRUNKLINE                              DAB

NON-ACT-51                                               Control Section         BRT 76012

ADDED WORK                                             Job Number               51768

                                                                    Fed Item#                  RR3784

                                                                    Fed Project #             BRT 0376(322)

                                                                    Contract                    03-5589

THIS CONTRACT is made and entered into this date of ______________________, by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the “DEPARTMENT”; and the CITY OF OWOSSO, a Michigan municipal corporation, hereinafter referred to as the “CITY”; for the purpose of fixing the rights and obligations of the parties in agreeing to construction improvements in conjunction with the DEPARTMENTS construction on Highway M-52, within the corporate limits of the CITY.

WITNESSETH:

WHEREAS, the DEPARTMENT is planning the replacement of Structure BOl of 76012 which carries Highway M-52 over the Shiawassee River including milling and resurfacing work on Water Street and Oliver Street which are to be used as part of the detour route for the bridge replacement, all located within the CITY; and

WHEREAS, the CITY has requested additional work in connection with the Highway M-­52 construction, which additional work is hereinafter referred to as the “PROJECT” and is located and described as follows:

An additional 2½ inches of bituminous surfacing on Water Street between Mason Street and Oliver Street which is to be used as part of the detour route for the Highway M-52 bridge replacement; together with necessary related work, located within the corporate limits of the CITY; and

WHEREAS, the DEPARTMENT presently estimates the PROJECT COST as hereinafter defined in Section 1 to be: $35,800; and

WHEREAS, the parties hereto have reached an understanding with each other regarding the performance of the PROJECT work and desire to set forth this understanding in the form of a written agreement.

NOW, THEREFORE, in consideration of the premises and of the mutual undertakings of the parties and in conformity with applicable law, it is agreed:

1. The parties shall undertake and complete the construction of the PROJECT in accordance with this contract. The term “PROJECT COST”, as herein used, is hereby defined as the cost of the construction of the PROJECT including the costs of preliminary engineering, plans and specifications; physical construction necessary for the completion of the PROJECT as determined by the DEPARTMENT; and construction engineering, and any and all other expenses in connection with any of the above.

2.        The cost of alteration, reconstruction and relocation, including plans thereof, of certain publicly owned facilities and utilities which may be required for the construction of the PROJECT, shall be included in the PROJECT COST; provided, however, that any part of such cost determined by the DEPARTMENT, prior to the commencement of the work, to constitute a betterment to such facility or utility, shall be borne wholly by the owner thereof.

3.        The CITY will approve the design of the PROJECT and shall accept full responsibility for the design with respect to the PROJECT functioning as a part of the CITY’S facilities. Any approvals by the DEPARTMENT are for its own purposes and are not to nor do they relieve the CITY of liability for any claims, causes of action or judgments arising out of the design of the PROJECT.

4.        The DEPARTMENT will administer all phases of the PROJECT and will cause to be performed all the PROJECT work.

Any items of PROJECT COST incurred by the DEPARTMENT may be charged to the PROJECT.

5.        The PROJECT COST shall be charged to the CITY 100 percent and paid in the manner and at the times hereinafter set forth. All costs, including engineering cost, shall not exceed the following:

PROJECT COST - $35,800

The engineering costs chargeable to the DEPARTMENT and the CITY will be established in the same ratio as the actual direct construction costs.

6.        The DEPARTMENT shall maintain and keep accurate records and accounts relative to the cost of the PROJECT. The DEPARTMENT may submit progress billings to the CITY on a monthly basis for the CITY’S share of the cost of work performed to date, less all payments previously made by the CITY. No monthly billings of a lesser amount than $1,000 shall be made unless it is a final or end of fiscal year billing. All billings will be labeled either “Progress Bill Number __________“, or “Final Billing”. Upon completion of the PROJECT, payment of all items of PROJECT COST and receipt of all Federal Aid, the DEPARTMENT shall make a final billing and accounting to the CITY.

7.        Pursuant to the authority granted by law, the CITY hereby irrevocably pledges a sufficient amount of funds received by it from the Michigan Transportation Fund to meet its obligations as specified herein. If the CITY shall fail to make any of its required payments when due, as specified herein, the DEPARTMENT shall immediately notify the CITY and the State Treasurer of the State of Michigan or such other state officer or agency having charge and control over disbursement of the Michigan Transportation Fund, pursuant to law, of the fact of such default and the amount thereof, and, if such default is not cured by payment within ten (10) days, said State Treasurer or other state officer or agency is then authorized and directed to withhold from the first of such monies thereafter allocated by law to the CITY from the Michigan Transportation Fund sufficient monies to remove the default, and to credit the CITY with payment thereof, and to notify the CITY in writing of such fact.

8.        Upon completion of the Highway M-52 construction, the facilities being constructed as the PROJECT shall be operated and maintained by the CITY at no cost to the DEPARTMENT.

9.         Any and all approvals of, reviews of, and recommendations regarding contracts, agreements, permits, plans, specifications, or documents, of any nature, or any inspections of work by the DEPARTMENT pursuant to the terms of this contract are done to assist the CITY. Such approvals, reviews, inspections and recommendations by the DEPARTMENT shall not relieve the CITY of its ultimate control and shall not be construed as a warranty of their propriety or that the DEPARTMENT is assuming any liability, control or jurisdiction.

The providing of recommendations or advice by the DEPARTMENT does not relieve the CITY of its exclusive jurisdiction of the highway and responsibility under MCL 691.1402, MSA 3.996(102).

When providing approvals, reviews and recommendations under this contract, the DEPARTMENT is performing a governmental function, as that term is defined in MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.

The DEPARTMENT, by executing this contract, and rendering services pursuant to this contract, has not and does not assume jurisdiction of the highway, described as the PROJECT for purposes of MCL 691.1402; MSA 3.996(102). Exclusive jurisdiction of such highway for the purposes of MCL 691.1402; MSA 3.996(102) rest with the CITY.

10.      In connection with the performance of PROJECT work under this contract the parties hereto (hereinafter in Appendix “A” referred to as the “contractor”) agree to comply with the State of Michigan provisions for “Prohibition of Discrimination in State Contracts”, as set forth in Appendix “A”, attached hereto and made a part hereof. The parties further covenant that they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d and 2000a - 2000h-6 and the Regulations of the Department of Transportation (49 C.F.R. Part 21) issued pursuant to said Act, including Appendix “B” attached hereto and made a part hereof, and will require similar covenants on the part of contractor or subcontractor employed in the performance of this contract.

11.              This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the CITY and for the DEPARTMENT; upon the adoption of a resolution approving said contract and authorizing the signatures thereto of the respective officials of the CITY, a certified copy of which resolution shall be attached to this contract; and with approval by the State Administrative CITY.

      IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.

CITY OF OWOSSO
MICHIGAN DEPARTMENT
OF TRANSPORTATION

Mayor and City Clerk                                     Department Director MDOT

APPENDIX A

PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

In connection with the performance of work under this contract; the contractor agrees as follows:

1.         In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478, Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. A breach of the above covenants shall be regarded as a material breach of this contract.

2.         The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.

3.         The contractor will take affirmative action to insure that applicants for employment and employees are treated without regard to their race, color, religion, national origin, age, sex, height, weight, marital status or a disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

4.         The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age, sex, height, weight, marital status or disability that is unrelated to the individual’s ability to perform the duties of a particular job or position.

5.         The contractor or his collective bargaining representative will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or workers’ representative of the contractor’s commitments under this appendix.

6.         The contractor will comply with all relevant published rules, regulations, directives, and orders of the Michigan Civil Rights Commission which may be in effect prior to the taking of bids for any individual state project.

7.         The contractor will furnish and file compliance reports within such time and upon such forms as provided by the Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and employment statistics of each subcontractor as well as the contractor himself, and said contractor will permit access to his books, records, and accounts by the Michigan Civil Rights Commission and/or its agent, for purposes of investigation to ascertain compliance with this contract and relevant with rules, regulations, and orders of the Michigan Civil Rights Commission.

8.         In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that a contractor has not complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which Administrative Board may order the cancellation of the contract found to have been violated and/or declare the contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers, and including the governing boards of institutions of higher education, until the contractor complies with said order of the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such proceedings.

9.         The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller.          March, 1998                                                                                                                                                                                                         

APPENDIX B                                                            (Rev. 03/92)

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 

1.         Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

2.         Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or natural origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

3.         Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4.         Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Michigan Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Michigan Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.

5.         Sanctions for Noncompliance: In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the Michigan Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

(a)        Withholding of payments to the contractor under the contract until the contractor complies, and/or

(b)        Cancellation, termination, or suspension of the contract, in whole or in part.

6.         Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Michigan Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non­-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Michigan Department of Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

BOND PREPAYMENT

Motion by Councilperson Owen to adopt the following resolution, which authorizes the prepayment of outstanding bond debt on the Wastewater Treatment Plant:

City of Owosso
County of Shiawassee, State of Michigan

RESOLUTION AUTHORIZING DEFEASANCE OF BONDS

WHEREAS, the City of Owosso, County of Shiawassee, Michigan (the “City”) has previously issued its General Obligation Limited Tax Refunding Bonds, Series 1992, in the original principal amount of $2,045,000, dated as of April 1, 1992 (the “Prior Bonds”); and

WHEREAS, the City wishes to call the Prior Bonds maturing on October 1, 2004, October 1, 2005, and October 1, 2006 for maturity prior to redemption on April 1, 2004.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         Call for Redemption.  The City Finance Director is hereby directed to take all steps necessary to call the Prior Bonds maturing on October 1, 2004, October 1, 2005, and October 1, 2006 for maturity prior to redemption on April 1, 2004.   The City Finance Director is hereby directed to transfer to the Transfer Agent for the Prior Bonds from the Bond and Interest Redemption Fund for the Prior Bonds, or from such other sources as are legally available to the City, sufficient moneys to pay the principal of and premium and interest on the Prior Bonds at redemption prior to their maturity on April 1, 2004.

2.         Other Actions.  The officers, administrators, agents and attorneys of the City are authorized and directed to take all other actions necessary and convenient to facilitate the call of the Prior Bonds for redemption prior to maturity in accordance with this resolution, and to pay any costs relating to call the Prior Bonds including but not limited to costs of publication or mailing of notices, legal costs, and Transfer Agent fees. 

3.         Conflicting Resolutions.  All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

2004 INCOME THRESHOLD POVERTY EXEMPTIONS

Motion by Councilperson Robertson to adopt the Property
Tax Poverty Exemption Policy & Guidelines and 2004 Income Threshold Poverty Exemptions, as required by Public Act No. 390 of 1994, as follows:

CITY OF OWOSSO
PROPERTY TAX
POVERTY EXEMPTION POLICY & GUIDELINES
POLICY

The City of Owosso will grant partial exemptions due to poverty according to Section 211.7u of the Michigan Compiled Laws.  Property Tax Poverty exemptions must be applied for each year. 

The Assessor and the Board of Review will apply the guidelines as adopted by the City uniformly to all applicants without prejudice and shall not deviate from the adopted guidelines without substantial and compelling reasons.  Any such deviation shall be communicated in writing to the applicant. (211.7u).

The Assessor’s office will determine the estimated property tax liability for the applicable tax year and the estimated State homestead credit for each applicant.  The exemption shall not exceed the tax liability minus the homestead credit refund.  (Example:  if the tax liability is $1000 and the homestead credit is $300, the exemption shall not exceed $700.)

The Board of Review may deviate from the above policy where there are substantial and compelling reasons and such substantial and compelling reasons are communicated in writing to the City Council and the claimant (211.7u).

GUIDELINES

The applicant shall:

Be the owner and occupant of the homestead property for which an exemption is applied (211.7u).

File a claim (application) on the form provided by the City Assessor’s office.  The filing of a claim constitutes an appearance before the Board of Review for the purpose of preserving the claimant’s right to appeal (211.7u).  The application form shall be fully completed.

Sign the application at the Assessor’s office when the application is returned.  If the applicant cannot personally return the application, a notarized application is acceptable.

Supply a copy of federal and state income tax returns for all persons residing in the homestead, including any property tax credit returns, filed in the immediately preceding or in the current year (211.7u).

Supply a copy of proof of income for the most recent one-month period for all household members (current pay stubs, benefit statement, etc.)

Supply identification, proof of residency and ownership if requested by the Assessor or Board of Review (211.7u).

If the applicant fails to supply the required documents or if it is found that the information supplied is fraudulent, the application shall be denied.

Income Test

Applicant’s income shall not exceed the federal poverty income thresholds as defined and determined annually by the U.S. Department of Commerce. (See attached defined income)

2004 Federal Income Standards Poverty Threshold

            Number of persons residing in homestead               Annual allowable income

            1 person                                                                          8,980.

            2 persons                                                                       12,120.

            3 persons                                                                       15,260.

            4 persons                                                                       18,400.

            5 persons                                                                       21,540.

            6 persons                                                                       24,680.

            7 persons                                                                       27,820.

            8 persons                                                                       30,960.

            Each additional person, add                                               3,140.

Income of students under the age of 18 years, shall not be included as income

Asset Test

The value of property in excess of what is considered part of the original homestead shall be considered an asset.

The True Cash Value of the property for which the poverty exemption is requested shall be a consideration by the Board of Review when determining hardship.

Assets include, but are not limited to: real estate other than principal residence, motor vehicles, recreational vehicles and equipment, certificates of deposits, savings accounts, checking accounts, stocks, bonds, life insurance, retirement funds, etc.  For purposes of this paragraph, the Board of Review shall consider the value of the assets and shall not reduce such value by any indebtedness owed on such assets, or indebtedness otherwise owed by the applicant(s).  

Assets, (except the original homestead, essential household goods and the first $5,000 of the market value of a motor vehicle), shall not exceed $4,000 (four thousand) dollars for individual applicant and/or $6,000 (six thousand) dollars per household if more than one financial contributor.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

HISTORICAL COMMISSION BYLAWS

Motion by Councilperson Ford to adopt proposed revisions to Bylaws of the City of Owosso Historical Commission as follows:

BYLAWS OF CITY OF OWOSSO HISTORICAL COMMISSION

ARTICLE 1.  PURPOSE

            The purpose of the Historical Commission (hereinafter referred to as “the Commission”) shall be to recognize and preserve and bring public attention to the historical treasures of the City and to promote an historical interest in the arts.  The commission shall be responsible for the permanent perpetuation of the history of the city through such means as may be developed by the commission, including:

(1)               Receiving, cataloging, preserving and displaying articles of historic interest and significance.

(2)                Maintaining, preserving, restoring, and managing buildings of historic interest and significance which are owned by the city.

(3)               Encouraging the preservation and perpetuation of historic articles and architecture through programs and activities designed to promote community awareness.

(4)               Enhancing historic areas with buildings and/or facilities to increase the enjoyment and use of the city’s cultural and historic facilities.

ARTICLE 2.  ORGANIZATION

Section 1.  Members.

            The members of the commission shall be appointed by the City Council in accordance with the provisions of ordinance.  There shall be nine (9) voting members possessing the right to vote on matters before the commission and serve as chairperson of the commission or its committees.  Of these nine (9) members, one (1) shall be a representative from the Shiawassee Arts Council, one (1) shall be a representative from the Shiawassee Historical Society, one (1) shall be a representative of Preservation Owosso, and one (1) shall be a representative of the City Council.  In addition, there may be appointed ex-officio members of the commission who may attend all meetings of the commission, participate in discussion of matters before the commission, and serve on committees of the commission.

Section 2.  Officers.

(a)          The officers of the commission shall be a chairperson and a vice-chairperson, who shall be members of the commission and a secretary-treasurer, who shall be an officer or employee of the City of Owosso.

(b)           The officers shall be selected by the voting members of the commission annually during the first regular meeting of the commission in October of each year.

(c)           The terms of office for the officers shall be one year or such longer period as is necessary until a successor is appointed and assumes the office.

(d)           If an office shall become vacant before the officer has served his complete term, the commission shall appoint another officer to serve for the remainder of the term of office.

Section 3.  Duties of officers.

(a)    The chairperson shall be the presiding officer at all regular and special meetings of the commission, shall be an ex-officio member of all standing and ad hoc committees of the commission, and shall be the spokesperson for the commission in all contacts with the city administration, city council, and the news media.

(b)     The secretary-treasurer shall have custody of the records of the commission, shall take minutes of all meetings of the commission, shall receive monetary donations in the name of the commission and shall keep a record thereof, shall authorize disbursement of funds of the commission within limits established by the commission, and shall maintain an inventory of the assets of the commission.

(c)     The secretary-treasurer may designate another officer or employee of the City of Owosso to act as secretary-treasurer during a time of absence or disability until he or she is able to resume the duties of the office.

Section 4.  Meetings.

(a)                The commission shall schedule regular meetings and shall approve the date, time, and place of such meetings.  Special meetings may be called by one of the officers or by a majority of the voting members of the commission.  All meetings of the commission shall be held in accordance with the Open Meetings Act (P.A. 267 of 1976, as amended).

(b)                 A majority of the voting members of the commission shall constitute a quorum.

(c)                 The chairperson shall be the presiding officer at all meetings of the commission.  In the absence of the chairperson, the vice-chairperson shall serve as chairperson for that meeting.

Section 5.  Committees.

(a)                The work of the commission shall be accomplished through a structure of standing committees.  The following shall be considered standing committees of the commission:

(1)                Gould House Preservation Committee.  This committee shall be responsible for the restoration, preservation and maintenance of the Gould House and the other buildings and grounds associated with the Gould House.

(2)                Historic Properties Activities Committee.  This committee shall be responsible for developing rules and regulations for the use of the Gould House and its associated buildings and grounds, Curwood Castle, other historic holdings, and for overseeing activities which take place there.

(3)                Curwood Castle Preservation Committee.  This committee shall be responsible for the preservation of the Curwood Castle.

(4)                Curwood Castle Park Committee.  This committee shall be responsible for preservation of buildings located in Heritage Park (except Curwood Castle), for coordinating maintenance and development activities with appropriate City departments, and for overseeing activities which take place in the park and related buildings.

(5)                Historic Collection Committee.  This committee shall be responsible for maintaining a record of historic articles acquired by the commission, for preserving those articles, for arranging for their storage and display, for loaning historic articles to other organizations, for acquiring historic articles through loan from other organizations and for identifying articles in the collection which should be considered for sale or disposal.

(6)                Home Tour Committee.  This committee shall be responsible for organizing a tour of historic homes in Owosso and other appropriate events.

(7)                Historic Preservation Committee.  This committee shall be responsible for promoting the preservation and restoration of private properties of historic interest in the community by developing and maintaining sources of information and assistance in restoration activities, by coordinating contacts between property owners and experts in the field of historic preservation, by monitoring activities affecting properties of historic significance and, where necessary, initiating contact with the property owner and by responding to requests for assistance from private property owners.

(b)     The commission may establish such additional standing committees as it deems necessary to carry out the work of the commission.  The commission may dissolve any standing committees established by it but, with regard to the standing committees described in Section 5(a), such dissolution shall become effective only with the approval of the City Council.

(c)     The chairperson of the commission shall appoint a voting member of the commission as chairperson of each standing committee.  Each committee chairperson shall be responsible for appointing individuals, who need not be members of the commission, to serve on the committee and to assist the committee chairperson in carrying out the work of the committee.

(d)     The chairperson of the commission may, from time to time, establish ad hoc committees and may appoint individuals to serve on such committees.  At least one member of each ad hoc committee shall be a voting member of the commission.  Ad hoc committees shall be established for a specific purpose related to the activities of the commission and shall complete their work, report to the commission and shall be considered dissolved within two years after their establishment.

ARTICLE 3.  CONTROL OF ASSETS

Section 1.  Authority of the Commission.

            The commission shall have the sole responsibility and authority, subject to the direction of the city council, to manage and control the real and personal property over which it has jurisdiction.  Such responsibility and authority shall not be delegated to an officer, committee or chairperson of a committee, unless specifically directed and authorized by a vote of the commission.

Section 2.  Donations.

(a)                The secretary-treasurer shall accept on behalf of the commission any donations or contributions of cash or other financial instruments easily converted into cash, subject to the following provisions

(1)                Donations or contributions which are given without restrictions or which are restricted only to the extent that they are to be dedicated to a specific project, property, or activity of the commission may be accepted without the specific approval of the commission.

(2)                Donations or contributions other than those described in Section 2(a) (1) above, particularly when those donations or contributions might require that the commission take a specific action related to such donation or contribution at some future time, or when such donation or contribution is, in the secretary-treasurer’s opinion, so restricted as to prevent its use for the general purposes of the commission, shall only be accepted following approval by the commission.

(b)                 The chairperson, secretary-treasurer, or the chairperson of the Historic Collection Committee may accept donations of articles of personal property, without prior approval of the commission, subject to the following provisions:

(1)                The article or group of articles to be donated shall not have an estimated value in excess of five hundred dollars;

(2)                The donation shall be unrestricted with regard to the use which the commission may make of the articles, including the right of the commission to sell or otherwise dispose of the articles at its sole discretion;

(3)                Articles which are to be loaned to the commission, whether for a definite or indefinite period of time, may only be accepted following a vote of the commission.

(c)                 Real property may be accepted by the commission only upon the approval of the city council.

Section 3.  Loans of commission assets.

            The commission shall approve each request for a loan of historic articles from the commission’s collection.  In considering a request for such a loan, the commission shall consider the purpose of the institution making the request, the value of the articles which are the subject of the request, and the safeguards to be taken against theft or damage.  The commission shall ascertain that the requesting institution possesses adequate insurance against loss.

Section 4.  Disposition of assets.

            The commission shall adopt detailed rules and procedures governing the disposition of commission assets.  Such rules and procedures shall provide, at a minimum, that no assets of the commission may be disposed of without the express authorization of the commission and that disposition of any article valued in excess of one thousand dollars shall be approved in advance by the city council.

Section 5.  Use of buildings.

            The commission shall adopt detailed rules and procedures governing the use of the historic buildings under its control.  Such rules and procedures shall establish the fees to be charged for the use of the buildings.

ARTICLE 4.  FINANCE

Section 1.  Budget.

(a)                The commission shall annually prepare and recommend to the council a budget for the fiscal year commencing July 1, which budget will show the anticipated revenues and expenditures for the commissions activities and operations.

(b)                 On or before December 1 of each year, the chairperson of each committee shall submit to the secretary-treasurer an estimate of the anticipated revenues and expenditures associated with the planned activities of the committee for ensuring fiscal year, including any amounts required for maintenance or improvements to buildings and facilities.

(c)                 The secretary-treasurer shall present a proposed budget for consideration by the commission at its first regular meeting during the month of February.

(d)                 The commission shall approve a budget for the ensuing fiscal year not later than the first meeting of March.

Section 2.  Purchases.

            The secretary-treasurer shall have the authority to make purchases of such supplies and services as are necessary to carry out the activities of the commission.  Purchases not exceeding five hundred dollars may be made without prior approval of the commission of the specific purchase.  Purchases in excess of five hundred dollars necessitated by an emergency which must be addressed prior to the next regular meeting of the commission may be made by the secretary-treasurer after consultation with the chairperson of the commission and the chairperson of the appropriate committee.

Section 3.  Endowment fund.

            The commission shall maintain an endowment fund into which shall be placed monetary gifts and bequests which are directed to said fund.  The interest and/or dividends which are earned by the endowment fund may be used for the expenses associated with the activities of the commission but no portion of the principal shall be expended.

ARTICLE 5.  APPROVAL AND AMENDMENTS

Section 1.  Approval.

            These by-laws shall become effective following their approval by the commission and by the city council.

Section 2.  Amendments.

            The commission shall annually during its first regular meeting in January review these by-laws and determine the need to make any changes, additions, or deletions.  These by-laws may be amended as deemed necessary by the commission.  Such amendments shall be approved as provided in Section 1.

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

PROPOSED CHARTER AMENDMENT – BURNING

There was general City Council discussion regarding the proposed options for the ballot language as it relates to a charter amendment regarding burning.  There was general consensus that the ballot question should be simple and understandable and that the citizens need to be informed about what will happen if the amendment passes or doesn’t pass.  Councilperson Horvath suggested using the March 29th Fifth Monday meeting for a time to discuss the burning ordinance.

Motion by Councilperson Robertson to adopt Burning Charter Amendment – Option 1 (Total Ban) as follows:

BURNING CHARTER AMENDMENT – OPTION 1

(Total Ban)

Chapter 5, Section 5.6 shall be amended to add subsection (d) which shall read as follows:

(d) The Council shall not have the power to allow open outside burning and open outside burning is banned in the City of Owosso.  Open outside burning is defined as: “The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.  Open burning does not include charcoal burners and other open flame cooking devices, road flares, smudgepots and similar devices associated with safety or occupational uses.  For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys necessary to provide combustion air and permit the escape of gas are open.”

STATEMENT OF PURPOSE

            This Amendment would entirely ban open outside burning in the City of Owosso.

CHARTER AMENDMENT QUESTION

            Shall the City of Owosso Charter be amended to add Section 5.6(d) to entirely ban open outside burning?

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              Councilperson Charles J. Sumrack.

EXECUTIVE SESSION

Motion by Councilperson Owen to authorize holding executive session at conclusion of regular business for the purpose of discussing property acquisition.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Charles J. Sumrack, Councilperson.  “Burning Restrictions”, discussion copy.

Owosso Planning Commission.  Minutes of Meeting of February 24, 2004.

Owosso Historical Commission.  Minutes of Meeting of February 17, 2004.

Owosso Zoning Board of Appeals.  Minutes of Meeting of February 17, 2004.

Owosso Parks and Recreation Commission.  Minutes of Meeting February 10, 2004.

CITIZEN COMMENTS

Betty Coon, 1204 Palmer Street, requested a copy of the language that was passed related to the proposed charter amendment for burning.

Shelva Cebulski, 1243 Marion Street, commented regarding the State laws for burning and in opposition to burning.

Burton Fox, 216 East Oliver Street, commented regarding the availability of the “Keeping You Informed” program on cable television in July for discussion related to the Charter Amendment proposal.

David Pyke, 1401 North Hickory Street, commented regarding the condition of Michigan Avenue.

Terry Carriveau, 114 North Howell Street, commented regarding the lack of a rental property inspection program.

Kevin Brown, 217 Curwood Castle Drive, commented that he has noticed a difference in the traffic signal timing.

Ed Urban, 601 Glenwood Avenue, commented regarding burning.

City Engineer Ronald Baker responded to Mr. Pyke’s question regarding Michigan Avenue.

MOTION TO ADJOURN TO EXECUTIVE SESSION

Motion by Councilperson Owen to adjourn to Executive Session.  Motion supported by Councilperson Robertson and concurred in by unanimous vote.

THE CITY COUNCIL ADJOURNED TO EXECUTIVE SESSION AT 8:28pm.

THE CITY COUNCIL RETURNED FROM EXECUTIVE SESSION AT 8:50pm.

EXECUTIVE SESSION MINUTES – JULY 7, 2003 AND SEPTEMBER 29, 2003

Motion by Councilperson Owen to approve Executive Session Minutes from the meetings of July 7, 2003 and September 29, 2003 as presented.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

ADJOURNMENT

Motion by Councilperson Owen for adjournment at 8:51 p.m., supported by Councilperson Robertson and concurred in by unanimous vote.

John C.M. Davis, Mayor

Gail L. Schultz, City Clerk