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| Office or Department | Officer or Director |
| Assessor’s Office | City Assessor |
| Attorney’s Office | City Attorney |
| Building Inspection Department | Building Inspector |
| Clerk’s Office | City Clerk |
| Community Development Department | Director of Community Development |
| Employee Relations Office | Director of Employee Relations |
| Engineering Department | City Engineer |
| Finance Department | Finance Director |
| Information Technology Department | Director of Information Technology |
| Manager’s Office | City Manager |
| Public Safety Department | Director of Public Safety |
| Public Utilities Department | Director of Public Utilities |
| Public Works Department | Director of Public Works |
| Treasurer’s Office | City Treasurer |
Sec. 2.52. City officers.
The officers of the City shall be assessor, city manager, clerk, director of public safety, finance director, treasurer and the deputies of any of them.
Sec. 2-53. Vacancies in office.
(a) In cases of a vacancy in office, the absence from the city of an administrative officer or department director, or the inability on the part of an administrative officer or department director to perform the duties of the position due to illness, injury or other reasons, the city manager may designate an interim acting administrative officer or department head or perform personally the functions of the office.
(b) In the case of his or her own absence from the city, the city manager may designate an administrative officer or department head to perform the duties of the office of manager. In making such a designation, the city manager shall establish such limitations on the authority of the individual appointed to perform his or her duties as he or she deems appropriate.
(c) If the city manager is unable to perform the duties of his or her office due to illness, injury or other reasons, the city council may designate an individual to act as interim acting city manager or may assign the duties of the office to one or more administrative officers or department directors.
Sec. 2-54—2.75. Reserved.
DIVISION 2.
ADMINISTRATIVE OFFICES AND DEPARTMENTS.
Sec. 2.76. Assessor’s office.
The assessor’s office shall be headed by the city assessor who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes.
Sec. 2.77 Attorney’s office.
The attorney’s office shall be headed by the city attorney who may be either an employee of the city or whose services may be provided pursuant to contract. The duties and responsibilities of the city attorney shall be those detailed for such position in the City Charter, this code, and state statutes. The city attorney shall be charged with overseeing the performance of all legal services of the City including those of legal adviser to the council and to all officers and department directors of the city, and the prosecution of all cases arising out of the violation of the provisions of the city ordinances. The city attorney shall also represent, or provide for the representation of, the city in matters in which the city is interested coming before any court or tribunal and shall perform such other duties as may be required by the council. The city attorney shall be charged with the responsibility for calling to the attention of the council all matters of law affecting the City.
Sec. 2.78. Building Inspection Department.
The building inspection department shall be headed by the building inspector who shall have the duties and responsibilities detailed for such office in this code and state statutes, including those duties and responsibilities that are included in such uniform codes adopted by reference by the City. The building inspector shall also have the responsibility for supervising the work of such other employees or contractors employed by the City for the purpose of providing building, plumbing, mechanical and electrical inspection services.
Sec. 2.79. Clerk’s office.
The clerk’s office shall be headed by the city clerk who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes.
Sec. 2.80. Community development department.
The community development department shall be headed by the director of community development. He or she shall have the responsibility for city planning, including the development of master plans, housing plans, recreation plans and the like, and for overseeing activities related to economic development, housing development, downtown development and similar activities. In performing his or her duties, the director of community development shall coordinate his or her activities with those of other city departments that have responsibilities related to the planning and development activities with which he or she is engaged.
Sec. 2.81. Engineering department.
The engineering department shall be headed by the city engineer who shall have the responsibility for performing city engineering services as provided in the City Charter. The city engineer shall have the responsibility for the design and construction of public improvements in the city, except when that responsibility shall have been assigned to another city officer or department director by this administrative plan, and he or she shall have the responsibility for assuring that the public facilities and improvements are maintained in a satisfactory condition.
Sec. 2.82. Finance department.
The finance department shall be headed by the finance director who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes.
The information technology department shall be headed by the director of information technology. He or she shall have the responsibility for providing telecommunications and information systems for all city offices and departments. He or she shall have the responsibility for the acquisition and installation of such telecommunications and computer hardware and software as are necessary to provide for meeting the communication and information needs of the individual offices and departments and the need for communication and information transfer among offices and departments and between the various offices and departments and citizens, suppliers, other government agencies and the like.
Sec. 2.84. Manager’s office.
(a) The manager’s office shall be headed by the city manager who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes and such additional duties and responsibilities assigned to him or her from time to time by the city council.
(b) There is hereby established within the manager’s office the employee relations office. The employee relations office shall be headed by the director of employee relations. He or she shall have the responsibility for activities related to the personnel functions of the City including, but not limited to, administration of the civil service plan, development of personnel policies and work rules, negotiation of collective bargaining agreements, overseeing the process of recruiting, hiring, disciplining and terminating employees, and the development and implementation of employee training programs. In performing his or her duties, the director of employee relations shall coordinate his or her activities with those of the city officers and department directors and their subordinates who are charged with the supervision of personnel in their respective offices and departments.
Sec. 2.85. Public safety department.
(a) The department of public safety shall be headed by the director of public safety who shall have the duties and responsibilities detailed for the offices of police chief and fire chief in the City Charter, this code and state statutes and such other duties and responsibilities associated with management of police, fire and emergency medical response services in the city.
(b) The department of public safety shall consist of a police division and a fire and emergency medical response division.
(c) The police division shall have the duties and responsibilities detailed for police departments in the City Charter, this code and state statutes.
(1) The director of public safety shall promulgate rules for the government of police officers of the city, subject to approval by the city manager, which shall be entered in a book of police division rules and orders and may be amended or revoked by the police chief upon written notice to and approval of the city manager. Such rules may establish one (1) or more bureaus within the police division. Any such bureau shall be supervised by an officer of the police division who shall be responsible for the particular functions of the police division assigned to the particular bureau by the director of public safety or his designee. It shall be the duty of all members of the police department to comply with such rules and orders while effective.
(d) The fire and emergency medical response division shall have the duties and responsibilities detailed for fire departments in the City Charter, this code and state statutes. It shall have also the duties and responsibilities detailed in this code and state statutes for emergency medical response and ambulance departments.
(1) The director of public safety shall promulgate rules and regulations for the government of the fire and emergency medical response division, subject to the approval of the city manager, which shall be entered in a book of fire and emergency medical response division rules and which may be amended or revoked by the public safety director upon written notice to and approval of the city manager. It shall be the duty of all members of the fire and emergency medical response division to comply with such rules and orders while effective.
Sec. 2.86. Public utilities department.
The public utilities department shall be headed by the director of public utilities who shall have the duties and responsibilities detailed for water and wastewater utilities in the City Charter, this code and state statutes.
Sec. 2.87. Public works department.
The public works department shall be headed by the director of public works who shall have the duties and responsibilities detailed in the City Charter, this code and state statutes associated with the repair and maintenance of streets, parks and public buildings and grounds of the City and for such other public services that shall be designated from time to time by the city council to be performed by the department.
Sec. 2.88. Treasurer’s office.
The treasurer’s office shall be headed by the city treasurer who shall have the duties and responsibilities detailed for such office in the City Charter, this code and state statutes.
Sec. 2.89—2.100. Reserved.
DIVISION 3.
ADMINISTRATIVE POLICY AND PROCEDURE
Sec. 2-101. Department heads.
All administrative officers and department directors are responsible to the city manager for the effective administration of their respective departments and offices and all activities assigned to them. The city manager shall employ or appoint all officers, directors and employees except as otherwise provided by the City Charter or this code. The city manager may set aside any action taken by any administrative officer or department director and may supersede such officer or director in the functions of the office or department, but as to officers appointed by the council such action shall be subject to approval by the council.
Sec. 2.102. All departments.
All offices and departments of the City shall comply with the following:
(1) All administrative officers and department directors shall keep informed as to the latest practices in their particular field and shall inaugurate, with the approval of the city manager, such new practices as appear to be of benefit to the service and to the public.
(2) Reports of the activities of each office or department shall be made to the manager as the manager directs.
(3) Each administrative officer or department director shall be held responsible for the preservation of all public records under the officer’s or director’s jurisdiction. No public records, reports, correspondence or other data relative to the business of any office or department shall be destroyed or removed permanently from the files except in accordance with record retention policies and procedures approved by the city council.
(4) Each administrative officer or department director shall be held responsible for the buildings, facilities, equipment, vehicles, tools and other assets falling under his or her jurisdiction or control. He or she shall take such steps as are consistent with prudent management practice, subject to the approval of the city manager, to safeguard such assets and to provide for necessary maintenance, repair and replacement of such assets, within budget allowances therefore, so as to insure the capacity within his or her office or department to perform the duties and responsibilities for which such assets are designed to be used.
Sec. 2.103. Assigned duties; rules and regulations.
(a) In addition to the duties and responsibilities provided for in the Charter, this code, or state statutes, administrative officers and department directors shall be responsible for such other duties and responsibilities that might be assigned to them from time to time by the city manager.
Sec. 2.104. Payment of moneys.
All moneys belonging to the City shall be paid out upon presentation of a valid invoice and purchase order approved and signed by the city manager by checks drawn by the city clerk or the clerk’s deputy.
Sec. 2.105. Approval of legal documents.
The mayor shall sign, the city clerk shall attest to, the city manager shall approve as to substance, and the city attorney shall approve as to form, all contracts and agreements requiring the assent of the city, unless otherwise provided for by law, the Charter or the provisions of this code.
Sec. 2.106. Bonds.
Surety bonds, conditioned as required by section 4.8 of the Charter, shall be filed by the following officers of the City in not less than the amounts indicated:
| Officer | Amount |
| Treasurer | $100,000 |
| Deputy Treasurer | $50,000 |
| Finance Director | $100,000 |
| Manager | $25,000 |
| Clerk | $25,000 |
| Deputy Clerk | $25,000 |
| All other officers of the city and employees (except the mayor and council members) |
Blanket bond, $5,000 |
Sec. 2-107 – 2.115. Reserved.
DIVISION 4.
MUNICIPAL ORDINANCE VIOLATIONS BUREAU
Sec. 2.116. Municipal ordinance violations bureau – established.
The City hereby establishes a municipal ordinance violations bureau (referred to hereafter in this division as “bureau”) as authorized by Act No. 236 of 1961, Section 8396, to accept admissions of responsibility for municipal civil infractions in response to municipal civil infraction violation notices issued and served by authorized City officials, and to collect and retain civil fines and costs as prescribed by this code or any ordinance.
Sec. 2.117. Same – location; supervision; employees, rules and regulations.
The bureau shall be located in the police division of the public safety department, and shall be under the supervision and control of the director of public safety. The director of public safety may adopt rules and regulations for the operation of the bureau, subject to the approval of the city council, and appoint any necessary qualified City employees to administer the bureau.
Sec. 2.118. Same – procedures.
The bureau shall follow and apply those procedures specified in Act No. 236 of 1961.
Sec. 2-119. Authorized city officials.
All officers of the police division of the department of public safety shall be considered authorized city officials pursuant to Act No. 236 of 1961.
Sec. 2-120 – 2-215. Reserved.
Section 2. This ordinance shall take effect on May 23, 2004.
Section 3. This ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00am and 5:00pm.
CONDUCT FIRST READING AND SET PUBLIC HEARING
The First Reading on the proposed Ordinance Amendment was held.
A public hearing was set for April 19, 2004 to receive citizen comment regarding proposed amendment to Chapter 13, Fire Prevention and Protection, Section 13-4, Open fires, and Section 13-5, Obnoxious odors, sparks and embers, of the Code of Ordinances of the City of Owosso, Michigan, as follows:
AN ORDINANCE TO AMEND CHAPTER 13, FIRE PREVENTION AND PROTECTION, SECTION 13-4, OPEN FIRES, AND SECTION 13-5, OBNOXIOUS ODORS, SPARKS AND EMBERS, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.
THE CITY OF OWOSSO ORDAINS:
Section 1. That Chapter 13, Fire Prevention and Protection, Section 13-4, Open fires, and Section 13-5, Obnoxious odors, sparks and embers, of the Code of Ordinances of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:
Sec 13-4. Open fires.
Open fires are prohibited in the City of Owosso except in accordance with the following provisions:
(a) The following are definitions for the words and phrases used in this section:
1. “Open fire:” means any fire outside of a building or structure involving any type of combustible material, whether for cooking, pleasure or any other purpose, located anywhere within the City of Owosso, on public or private property.
2. “Outdoor cooking apparatus” means a charcoal grill, camping stove or similar apparatus designed exclusively for cooking food.
3. “Recreational fire” means any fire such as a campfire contained in a fire pit or portable manufactured fire container for the purpose of recreational and personal enjoyment.
4. “Waste material” is defined as: paper and paper products excluding diapers; clean clear unpainted unfinished untreated wood and wood products excluding particle board and similar products; and yard waste.
5. “Bonfire” is defined as an outdoor fire exceeding the size of a recreational fire and used for ceremonial purposes.
(b) Incineration of waste material, outside of one or two family dwellings in the city, shall be permitted if done in accordance with the following provisions:
1. No such burning maybe within twenty-five (25) feet of an existing structure or property line, nor upon the paved portion of any street. Provided, however, in the case of a lot wherein the above dimensions cannot be met because of the small size of the lot, then the said containers shall be located in the center of the rear of the property an equal distance from the property line and any structure located thereon.
2. No such burning shall be done prior to 7:00am, and must not be continued after 7:00pm on any day. No burning shall be done in the city except on Tuesdays, Thursdays and Saturdays. Burning of waste material is prohibited on Mondays, Wednesdays, Fridays, and Sundays of each week.
3. No such burning shall be done unless under the supervision of a person of mature years and discretion and no burning shall be done where its maximum size is not controllable by such person.
(c) Recreational fires outside of one or two family dwellings in the city shall be permitted if done in accordance with the following provisions:
1. No recreational fire may be within twenty-five (25) feet of an existing structure or property line. Provided, however, in the case of a lot wherein the above dimensions cannot be met because of the small size of the lot, then the said pits or containers shall be located in the center of the rear of the property an equal distance from the property line and any structure located thereon.
2. No such burning shall be done prior to 12:00 noon, and must not be continued after 10:00 p.m. on any day.
3. No recreational fires shall occur unless under the supervision of a person of mature years and discretion.
4. Material that is acceptable to burn in a recreational fire shall be limited to clean clear unpainted unfinished and untreated wood and wood products excluding particle board and similar products, split firewood, tree limbs and charcoal. No accelerant such as gasoline and kerosene may be used except charcoal lighter fluid.
5. A fire extinguisher or water hose shall be connected and available at all times when a recreational fire is active.
6. No recreational fire shall exceed three (3) feet in diameter and two (2) feet in height.
(d) Bonfires shall only be allowed by permit issued by the Fire Chief or his designee pursuant to rules promulgated by the Fire Chief.
(c) Fires in an outdoor cooking apparatus are permitted in accordance with the provisions of the International Fire Code.
(f) Any person, firm or corporation who shall violate this section is responsible for a municipal civil infraction, subject to payment of a civil fine as provided in section 1-8(c), plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-8(c) of the city code. The building inspector, building official, code enforcement officer, all members of the fire department, and all members of the police department are hereby designated as the authorized city officials to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to this section.
Sec. 13-5. Obnoxious odors; wind, sparks and embers.
(a) It shall be a nuisance and unlawful for any person to burn or allow to be burned, at any time or place any materials of any kind which exude obnoxious odors, or when such fire emits excessive smoke, sparks or burning embers upon adjoining, adjacent, neighboring or nearby premises.
(b) No such burning shall be done at any time or place when wind conditions will create or be apt to create a nuisance to anyone or the property of anyone in the vicinity thereof, or be a danger to the property of any person in the vicinity thereof.
(c) Any person, firm or corporation who shall violate this section is responsible for a municipal civil infraction, subject to payment of a civil fine as provided in sections 1-8(c), plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by section 1-8(c) of this Code. The building inspector, building official, code enforcement officer, all members of the fire department, and all members of the police department are hereby designated as the authorized city officials to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to this section.
Section 2. This Ordinance shall become immediately effective if the Charter Amendment banning open burning fails to pass at the August 3, 2004 election.
Section 3. This Ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00am and 5:00pm.
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
ITEMS OF BUSINESS
PURCHASE AUTHORIZATION
There was general discussion regarding the request to purchase poles and banners. Rick Morris, representing the Parks and Recreation Commission, and Pipe Brewer, representing the Owosso Historical Commission, addressed the City Council. Other board members in attendance were Tom Harkema, Marti Lameti, and Bonnie Snyder. Mr. Morris and Ms. Brewer reported that the poles would be made to match the current light poles in the park and that the banners would be the same size as currently being used by the City in the downtown. Ms. Brewer apologized for the confusion regarding this matter.
Motion by Councilperson Ford to approve the purchase of poles and banners for display in the Curwood Castle Park using monies from the brick fundraiser as outlined in the March 9, 2004 request from the Owosso Parks and Recreation Commission and the Owosso Historical Commission.
Motion supported by Councilperson Sumrack.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
UNPAID UTILITY CHARGES
Motion by Mayor Pro-Tem Osika to authorize the Annual Notice for the collection of unpaid utility charges and the intent to lien therefore in compliance with Chapter 15, Section 15.4(c) of the Owosso City Charter.
Motion supported by Councilperson Robertson.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
TRANSFER OF LAND
Motion by Councilperson Owen to authorize Quit Claim Deeds to property owners as it relates to corrected property descriptions for parcels in the 600 and 700 block of River Street, legally described as follows:
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 &
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 56.57 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 9.43 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 further to authorize the Mayor and City Clerk to execute the appropriate documents.
Motion supported by Councilperson Robertson.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
CONTRACT AGREEMENT-MICHIGAN DEPARTMENT OF TRANSPORTATION
Motion by Councilperson Robertson to authorize Contract Agreement with the Michigan Department of Transportation as it relates to the Transportation Enhancement Activities Surface Transportation Program grant for the reconstruction of Michigan Avenue from Main Street to 132’ South of Cass Street and further to authorize the Mayor and City Clerk to execute the contract documents, as follows:
TRANSPORTATION ENHANCEMENT DAB
NON-TRUNKLINE Control Section STE 76062
FEDERAL-AID Job Number 73859
CONSTRUCTION BY LOCAL Project STP 0476 (008)
AGENCY Federal Item No. RR 3985
CFDA No. 20.205
Contract No. 04-5085
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, Michigan municipal corporation, hereinafter referred to as the “REQUESTING PARTY”; for the purpose of fixing the rights and obligations of the parties in agreeing to the following improvements, hereinafter referred to as the “PROJECT”:
Historic brick street restoration work along Michigan Avenue from Highway M-21 southerly to the Ann Arbor Railroad tracks; and all together with necessary related work.
WITNESSETH:
WHEREAS, pursuant to Federal law, monies have been provided for the performance of transportation enhancement activities; and
WHEREAS, the PROJECT, at the request of the REQUESTING PARTY, is being programmed with the United States Department of Transportation, Federal Highway Administration, hereinafter referred to as the “FHWA”, for implementation with the use of Federal Funds under the following Federal program(s) or funding:
TRANSPORTATION ENHANCEMENT ACTIVITIES
SURFACE TRANSPORTATION PROGRAM
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 hereto shall undertake and complete the PROJECT in accordance with the terms of this contract.
2. The term “PROJECT COST”, as herein used, is hereby defined as the cost of the physical construction necessary for the completion of the PROJECT.
The costs incurred by the REQUESTING PARTY for preliminary engineering, right-of-way, construction engineering and inspection, legal, financing, audit, contract advertising, and construction contract administration are excluded from the PROJECT COST as defined by this contract.
3. The DEPARTMENT is authorized by the REQUESTING PARTY to perform such administration of the PROJECT as is necessary to assist the REQUESTING PARTY to qualify the PROJECT for Federal Aid. Such administration shall include programming the available Federal funds for the PROJECT with the FHWA and performing such review and oversight activities as are necessary to assist the REQUESTING PARTY in meeting applicable Federal and State requirements.
The DEPARTMENT shall authorize the REQUESTING PARTY to proceed with the PROJECT work in the following phases:
PHASE I: ADVERTISING OF CONSTRUCTION CONTRACT
PHASE II: AWARD OF CONSTRUCTION CONTRACT
The REQUESTING PARTY shall neither advertise nor award the construction contract for the PROJECT prior to receipt of written authorization from the DEPARTMENT to proceed.
The DEPARTMENT shall make a final acceptance inspection of the PROJECT as necessary to meet Federal Aid requirements. No charges will be made by the DEPARTMENT to the PROJECT for any inspection work or construction engineering.
4. The REQUESTING PARTY shall perform or cause to be performed all the PROJECT work. It is understood that portions or all of the PROJECT work will be placed under contract by the REQUESTING PARTY. The performance of the PROJECT work will be subject to the “General Agreement Provisions for Federal Aid Projects”, attached hereto as “EXHIBIT I”, pages 1 through 5, and made a part hereof, and the following conditions:
A. The REQUESTING PARTY will, at no cost to the DEPARTMENT or the PROJECT, design or cause to be designed the PROJECT and shall accept full responsibility for that design. Any review undertaken by the DEPARTMENT are for its own purposes and are not to nor do they relieve the REQUESTING PARTY of liability for any claims, causes of action, or judgments arising out of the design of the PROJECT.
B. The REQUESTING PARTY, prior to receiving authorization from the DEPARTMENT to advertise the construction contract, shall certify to the DEPARTMENT that the plans, specifications, and estimates for the PROJECT have been prepared in compliance with applicable State and Federal standards and regulations.
C. The REQUESTING PARTY shall secure the DEPARTMENT’S approval of the contracting procedures to be followed by the REQUESTING PARTY in connection with the administration of the construction contract for the PROJECT. It is understood that the construction contract(s) for the PROJECT shall be publicly advertised and awarded on the basis of the lowest responsive bid in accordance with current FHWA and DEPARTMENT procedures.
D. The REQUESTING PARTY, prior to receipt of authorization from the DEPARTMENT to award the construction contract, shall certify to the DEPARTMENT that the selection of the contractor was made in accordance with the terms of this contract and applicable Federal, State and local statutes, regulations, and ordinances.
E. The REQUESTING PARTY will comply with all applicable State, Federal and local statutes, ordinances and regulations, including, but not limited to, those specifically relating to construction contract administration and obtain all permits, approvals, and give appropriate notifications that are required for the performance of the PROJECT work.
The REQUESTING PARTY agrees to comply with all applicable requirements of Part 91, Soil Erosion and Sedimentation Control of the Natural Resources and Environmental Protection Act, 1994 PA 451 as amended by 1995 PA 60, MCL 324.9101 et. seq., for all PROJECT work performed under this contract, and the REQUESTING PARTY shall require its contractors and subcontractors to comply with the same.
F. All work in connection with the PROJECT shall be performed in conformance with the Michigan Department of Transportation Standard Specifications for Construction, special provisions, and the supplemental specifications and plans pertaining to the PROJECT, and all materials furnished and used in the construction of the PROJECT shall conform to the aforesaid specifications. The REQUESTING PARTY shall neither seek nor receive reimbursement for any extra work.
G. The REQUESTING PARTY, at no cost to the PROJECT or to the DEPARTMENT, shall appoint a project engineer who shall be in responsible charge of the PROJECT and ensure that the plans and specifications are followed and shall perform or cause to be performed the construction engineering and inspection services necessary for the completion of the PROJECT.
Should the REQUESTING PARTY elect to use consultants for construction engineering and inspection, the REQUESTING PARTY shall provide a full-time project manager employed by the REQUESTING PARTY who shall ensure that the plans and specifications are followed.
H. The REQUESTING PARTY, at no cost to the PROJECT or the DEPARTMENT, shall make such arrangements or secure any and all necessary permits with railway companies, utilities, concerned state, federal, and local agencies etc., as may be necessary for the performance of work required for the PROJECT and will forward same to the DEPARTMENT for such reviews and approvals as may be required.
I. The REQUESTING PARTY shall require the contractor who is awarded the contract for the construction of the PROJECT to provide, as a minimum, insurance in the amounts specified in and in accordance with the DEPARTMENT’S current Standard Specifications for Construction, and to:
(1) Maintain bodily injury and property damage insurance for the duration of the PROJECT.
(2) Provide owner’s protective liability insurance naming as insureds the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and its officials, agents, and employees, the REQUESTING PARTY and any other party with jurisdiction for the roadway being constructed as the PROJECT, and their employees for the duration of the PROJECT and to provide copies of certificates of insurance to the insureds. It is understood that the DEPARTMENT does not assume either ownership of any portion of the PROJECT or jurisdiction of any REQUESTING PARTY highway as a result of being named as an insured on the owner’s protective liability insurance policy.
(3) Comply with the requirements
of notice of cancellation and reduction of insurance set forth in the
current Standard Specifications for Construction and to provide copies
of notices and reports prepared to
J. (1) The REQUESTING PARTY shall, within 10 days of any ceremony to be held in connection with the PROJECT, notify the DEPARTMENT.
(2) The REQUESTING PARTY shall, when issuing any news release or promotional material regarding the PROJECT, give the DEPARTMENT and FHWA credit for participation in the PROJECT.
(3) Upon completion of all PROJECT work, the REQUESTING PARTY shall, within 60 days of said completion, prepare and submit a project report in accordance with current DEPARTMENT requirements. Said report & notification shall be submitted to:
Jacqueline G. Shinn, Transportation
Enhancement Administrator
Office of Economic Development and Enhancement
425 West Ottawa, P.O. Box 30050
Lansing, Michigan 48909
Phone (517) 335-1069
K. Upon completion of all PROJECT work, the REQUESTING PARTY shall so notify the DEPARTMENT and shall request a final acceptance inspection thereof. In the event that there is disagreement between the parties with respect to final acceptance, the DEPARTMENT’S decision shall be final and binding.
5. The PROJECT COST shall be met in part by contributions from agencies of the Federal Government. Federal Funds shall be applied to the eligible items of PROJECT COST at a participation ratio equal to 80 percent up to an amount not to exceed $309,876. The balance of the PROJECT COST, after deduction of Federal Funds, shall be paid by the REQUESTING PARTY. The PROJECT COST and the cost participation are estimated to be as follows:
ESTIMATED COST FEDERAL FUNDS* REQUESTING PARTY FUNDS
$387,345 $309,876 $77,469
*The Federal Funds which shall be applied to the eligible items of PROJECT COST are limited to the amount provided herein. Any items of PROJECT COST not reimbursed by Federal Funds will be the sole responsibility of the REQUESTING PARTY.
6. The REQUESTING PARTY shall be responsible for the payment of all costs and expenses incurred in the performance of PROJECT work. Billings for costs incurred by the REQUESTING PARTY under the terms of this contract shall be prepared and submitted to the DEPARTMENT by the REQUESTING PARTY for reimbursement with Federal Funds in accordance with the procedures of the DEPARTMENT. Progress billings may be submitted bimonthly during the time work is being performed provided, however, that no bill of a lesser amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year billing. All billings shall be labeled either “Progress Bill Number “ or Final Billing”.
The REQUESTING PARTY shall not request reimbursement of more than 95 percent of its eligible costs until final acceptance of the PROJECT. The REQUESTING PARTY shall request a final acceptance inspection of the PROJECT in accordance with the provisions of Section 4 of this contract. Final acceptance shall be secured by the REQUESTING PARTY within six (6) months of the completion date set in the REQUESTING PARTY’S construction contract or subsequent extension approved by the DEPARTMENT. Should the REQUESTING PARTY fail to secure final acceptance of the PROJECT by the deadline as specified herein, the REQUESTING PARTY shall repay all Federal funds reimbursed for the PROJECT. Upon final acceptance of the PROJECT by the DEPARTMENT in accordance with the provisions of Section 4 of this contract and DEPARTMENT procedures, the REQUESTING PARTY may request final reimbursement.
7. The REQUESTING PARTY shall maintain accurate records and accounts relative to the cost of the PROJECT. Said accounts shall be retained for a period of three (3) years after final payment by the DEPARTMENT and shall be available for audit by the DEPARTMENT and the FHWA.
The REQUESTING PARTY, upon completion of the PROJECT and payment of all items of PROJECT COST related thereto, shall make a final accounting to the DEPARTMENT.
Reimbursement of any cost pursuant to this contract shall not constitute a final determination by the DEPARTMENT of the allowability of such cost and shall not constitute a waiver by DEPARTMENT of any violation of the terms of this contract committed by the REQUESTING PARTY. Final settlement of costs shall be made upon completion of all PROJECT work and the DEPARTMENT’S acceptance of an audit performed by a certified public accountant in accordance with 49 CFR Part 18.26, and OMB Circular A-133, and/or final audit by the DEPARTMENT. The REQUESTING PARTY promises to promptly repay the DEPARTMENT for any disallowed items of cost previously disbursed by the DEPARTMENT. The REQUESTING PARTY pledges its future receipts from the Michigan Transportation Fund for repayment of all disallowed items and, upon failure to make repayment for any disallowed items within ninety (90) days of demand by the DEPARTMENT, the DEPARTMENT is hereby authorized to withhold an equal amount from the REQUESTING PARTY’S share of any future distribution of Michigan Transportation Fund in settlement of said claim.
8. It is understood that the REQUESTING PARTY is the owner of the facilities constructed as the PROJECT and that said facilities may require special or unusual operation and/or maintenance. The REQUESTING PARTY certifies, by execution of this contract, that upon completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will properly maintain or provide for the maintenance and operation of the PROJECT, making ample provisions each year for the performance of such maintenance work as may be required.
On projects for the construction of bikeways, the REQUESTING PARTY will enact no ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as the PROJECT and will amend any existing restrictive ordinances in this regard so as to allow use of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways or walkways constructed as the PROJECT except those for maintenance purposes.
On projects involving the restoration of historic facilities, the REQUESTING PARTY agrees that the project will not be awarded until the owner of such facilities has an Historic Preservation Covenant, which includes an Historic Preservation Easement, or an Historic Preservation Agreement, as appropriate, with the Michigan State Historic Preservation Office in accordance with 1995 PA 60 for the purpose of insuring that the historic property will be preserved. The REQUESTING PARTY also agrees that such facilities shall be maintained and repaired by the REQUESTING PARTY or owner, as applicable, at no cost to the DEPARTMENT or the PROJECT, in such a manner as to preserve the historical integrity of features, materials, appearance, workmanship, and environment.
On projects which include landscaping, the REQUESTING PARTY agrees to perform or cause to be performed, at no cost to the DEPARTMENT, the watering and cultivating necessary to properly establish the plantings for a period of two growing seasons, in general conformance with Section 815.03(L) of the DEPARTMENT’S Standard Specifications for Construction. The REQUESTING PARTY shall maintain all plantings following completion of said period of establishment.
Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may disqualify the REQUESTING PARTY from future Federal-aid participation in Transportation Enhancement projects or in other projects on roads or streets for which it has maintenance responsibility. Federal Aid may be withheld until such time as deficiencies in regulations have been corrected, and the improvements constructed as the PROJECT are brought to a satisfactory condition of maintenance.
9. In addition to any protection afforded by a policy of insurance, the REQUESTING PARTY agrees to indemnify and save harmless the State of Michigan, the Michigan State Transportation Commission, the DEPARTMENT and all officers, agents, and employees thereof:
A. From any and all claims by persons, firms, or corporations for labor, materials, supplies or services provided to the REQUESTING PARTY in connection with the contract which the REQUESTING PARTY shall perform under the terms of this contract; and
B. From
any and all claims for injuries to, or death of, any and all persons,
for loss of or damage to property, environmental damage, degradation,
response and cleanup costs, and attorney fees or other related costs,
arising out of, under, or by reason of this Agreement, including the
design of the PROJECT, except claims resulting from the sole negligence
or willful acts or omissions of said indemnitee, its agents,
The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of the REQUESTING PARTY or their subcontractors or any other person not a party to this contract without its specific consent and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof
It is expressly understood and agreed that the REQUESTING PARTY shall take no action or conduct which arises either directly or indirectly out of its obligations, responsibilities, and duties under this contract, which results in claims being asserted against or judgments being imposed against the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation Commission.
In the event that the same occurs, for the purpose of this contract, it will be considered as a breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan State Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages.
10. The DEPARTMENT’S sole reason for entering into this contract is to enable the REQUESTING PARTY to obtain and use funds provided by the Federal Highway Administration pursuant to Title 23 of the United States Code.
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 REQUESTING PARTY in meeting program guidelines in order to qualify for available funds. Such approvals, reviews, inspections, and recommendations by the DEPARTMENT shall not relieve the REQUESTING PARTY 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 REQUESTING PARTY of its exclusive jurisdiction of any of its highways and responsibility under MCL 691.1402, MSA 3.996(102).
When providing approvals, reviews, inspections, 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.
11. The DEPARTMENT, by executing this contract and rendering services pursuant to this contract, has not and does not assume either: (1) jurisdiction of any REQUESTING PARTY highway for purposes of MCL 691.1402; MSA 3.996(102), or (2) ownership and control of any public building for purposes of MCL 691.1406; MSA 3.996(106). Exclusive jurisdiction of such highway for the purposes of MCL 691.1402; MSA 3.996(102) rests with the REQUESTING PARTY.
12. The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT for this contract will represent only those items that are properly chargeable in accordance with this contract. The REQUESTING PARTY also certifies that it has read the contract terms and has made itself aware of the applicable laws, regulations, and terms of this contract that apply to the reporting of costs incurred under the terms of this contract.
13. 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, l975a-1975d, and 2000a-2000h-6 and the Regulations of the United States 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 any contractor or subcontractor employed in the performance of this contract.
14. The parties will carry out the applicable requirements of the DEPARTMENT’S Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not limited to, those requirements set forth in Appendix C.
15. 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 parties hereto and upon the adoption of the necessary resolution approving said contract and authorizing the signatures thereto of the respective officials of the REQUESTING PARTY, a certified copy of which resolution shall be attached to this contract.
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
By: John C.M. Davis, Mayor By ___________________________
By: Gail L. Schultz, City Clerk Department Director MDOT
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
DEVELOPMENT AGREEMENT – RENEWAL
Motion by Councilperson Ford to authorize an eight (8) month renewal of the Development Agreement with Dixie Development, Inc. (previously approved by City Council on May 20, 2002 as “… Development Agreement with Gary Hurand and Byron W. Voorheis or with such corporate entity as they may designate for the project site at 102 South Washington Street”) for the redevelopment of the Hotel Owosso site at 102 South Washington Street.
Motion supported by Mayor Pro-Tem Osika.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
OSBURN LAKES SITE CONDOMINIUM PROPERTY SALE RESOLUTION AMENDMENT
Motion by Councilperson Ford to approve amending October 20, 2003 Osburn Lakes Site Condominium Property Sale resolution to read as follows “to authorize the sale of city-owned property described as the 52.72 acres for "Phase I" of the Osburn Lakes Site Condominium subject to the terms of a Purchase Agreement and Development Agreement with Woodside West, L.L.C., at 5232 South Morrish Road, Swartz Creek, Michigan for $166,000.00 and, furthermore, (1) to authorize the Mayor and City Clerk to execute the deed; (2) to authorize Philip B. Hathaway, Director of Community Development, to sign all other documents related to the closing transaction; (3) to extend the closing date deadline in the Purchase Agreement to May 1, 2004; and (4) to remove any contingencies within said Purchase Agreement regarding references to an earlier closing date”.
Motion supported by Mayor Pro-Tem Osika.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
PROPERTY ACQUISITION
Motion by Councilperson Robertson to authorize the purchase of two (2) vacant lots on West South Street described as Lots 1 and 12, Block 39, of the M.L. Stewart & Co’s 2nd Addition to the City in the amount of $5,000.00 from the Joyce A. Wisecup Living Trust, as follows:
PURCHASE AGREEMENT
THIS AGREEMENT is made the _______ day of _____________, 2004, between Joyce A. Wisecup, Trustee of the Joyce A. Wisecup Living Trust dated September 10, 2003, of 395 W. Juddville Road, Owosso, MI 48867, as (“Seller”), and the City of Owosso, a Michigan Municipal Corporation of 301 W. Main Street, Owosso, MI 48867, as (“Buyer”).
WHEREAS, the Seller and Buyer have agreed to the sale of a certain unimproved parcel of real property:
IT IS THEREFORE AGREED AS FOLLOWS:
1. The Seller hereby agrees to sell and convey to the Buyer the parcel of real property described on Exhibit A, hereinafter referred to as the PARCEL, subject to the conditions stated below.
2. The Buyer hereby agrees to purchase the PARCEL and pay Seller the sum of Five Thousand and no/100 dollars ($5,000).
3. Buyer at its expense will obtain an owner’s policy of title insurance, without exceptions, in the amount of the purchase price, effective as of the date of closing and shall provide Buyer with a commitment for the policy within thirty (30) days of the effective date of this Agreement. If Buyer notifies Seller of any easement, restriction, reservation or encumbrance disclosed in the commitment for the policy that is unacceptable to Buyer (“Title Defect”), Seller shall have thirty (30) days from the date of Buyer’s notice to remove the Title Defect. If Seller does not remove the Title Defect, Buyer, in its discretion, may either (i) waive such defect and proceed with the closing; or (ii) terminate this Agreement whereupon all liability under this Agreement shall terminate.
4. Buyer may, at its expense, obtain a new staked ALTA land title survey of the premises prepared by a licensed surveyor. Said survey shall be free of encroachments. This survey may show all improvements and easements (visible or recorded), roads, and means of physical and record ingress and egress to and from the premises. The survey may also state whether the premises are within any recognized floodplain. Buyer’s obligation to close this transaction is contingent upon Buyer’s approval of the survey. Promptly upon execution of this Agreement, Sellers shall deliver to buyer all existing surveys and all copies of all other pertinent documents relating to the land.
5. The closing shall occur as soon as all necessary documents have been prepared. Seller shall transfer possession of the PARCEL to the Buyer on the date of closing.
6. At the closing, Seller shall execute and deliver to the Buyer a Warranty Deed conveying marketable title for the PARCEL to the Buyer free and discharged of all mortgages, liens, assessments and encumbrances in exchange for payment in cash of the purchase price herein specified. If Seller cannot convey the aforesaid title(s), Buyer or Seller may rescind this Agreement by written notice to the other party.
7. The Buyer agrees to accept the PARCEL on an “as is” basis as to physical condition of the property.
8. The risk of loss or damage to the PARCEL by fire or other cause shall be borne by Seller through the closing date.
9. This purchase agreement is subject to approval by the Owosso City Council.
10. All real property taxes and special assessments billed on the PARCEL prior to closing shall be the responsibility of Seller and shall be paid prior to closing.
11. Seller shall pay the transfer tax resulting from this sale. Buyer shall pay the costs of recording the Warranty Deed.
12. All terms and conditions stated in this PURCHASE AGREEMENT shall survive delivery of the respective warranty deeds.
IN WITNESS WHEREOF, the parties have hereto set their hands and seal the day and year first above written:
AND FURTHER AUTHORIZE CITY MANAGER GREGG G. GUETSCHOW TO EXECUTE THE PURCHASE AGREEMENT ON BEHALF OF THE CITY OF OWOSSO.
EXHIBIT A
Lots One (1) and Twelve (12) in Block Thirty-nine (39) of M.L. Stewart & Co.’s 2nd addition to the City of Owosso, County of Shiawassee, State of Michigan.
Motion supported by Mayor Pro-Tem Osika.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
BRUSH AND LEAF DROP-OFF RULES AND REGULATIONS
Motion by Councilperson Owen to approve proposed Brush and Leaf Drop-Off Rules and Regulations as follows:
BRUSH AND LEAF DROP-OFF RULES AND REGULATIONS
AUTHORITY. These rules are promulgated pursuant to the provisions of Section 7.18 of the Charter of the City of Owosso, Michigan.
APPLICABILITY. These rules shall apply to activities and operations associated with the brush and leaf drop-off program provided by the City of Owosso Department of Public Works.
LOCATION. The Department of Public Works shall have the authority to operate its brush and leaf drop-off program on property owned by the City of Owosso located near the intersection of South Street and Chestnut Street.
YARD WASTE ACCEPTED. Brush and leaves brought to the drop-off location shall be accepted pursuant to the following regulations:
1. Brush and leaves brought to the location shall have come from locations within the city limits of Owosso and shall be brought to the site by Owosso residents. Department of Public Works employees shall have the authority to demand proof of residency before permitting brush and leaves to be dropped off.
2. Brush and leaves will be accepted only between the hours of 9:00 a.m. and 1:00 p.m. each Saturday between April 1 and the end of the fall leaf collection program. The Public Works Director may authorize additional hours and days for accepting brush and leaves when necessary to provide for resident disposal of waste resulting from severe storm damage.
3. Yard wastes will not be accepted from commercial landscaping, lawn care, tree removal or similar businesses.
4. All leaves shall be unbagged. Limbs greater than three (3) inches in diameter, plastic, household refuse, debris, vines and grass clippings will not be accepted.
POWER TOOLS RESTRICTED. The operation of chain saws or other power tools at the drop-off location, other than by employees or contractors of the Department of Public Works, is prohibited.
REMOVAL OF MATERIALS. There shall be no removal of any materials from the drop-off site without the permission of a Department of Public Works employee.
Motion supported by Councilperson Sumrack.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Davis.
NAYS: None.
PUBLIC TRANSPORTATION FUNDING PROPOSAL
There was general discussion regarding the request from SATA for city funding support for public transportation services. Comments included funding from General Fund monies, SATA organization management, the need for the service, millage and other revenue options.
Motion by Councilperson Ford to adopt the following resolution to place a millage proposal on the August 3, 2004 primary election ballot to support the provision of public transportation in the City:
PUBLIC TRANSPORTATION MILLAGE PROPOSAL
WHEREAS, on October 1, 1999, the City of Owosso entered into an agreement with other Shiawassee County units of government through which the Shiawassee Area Transportation Agency was formed for the purpose of providing demand-response public transportation services in areas of Shiawassee County including the city of Owosso; and
WHEREAS, since its inception, the Shiawassee Area Transportation Agency has been able to finance the provision of transportation services through a combination of federal and state grants, in-kind contributions, user fees and contracted service revenues; and
WHEREAS, the board of directors of the Shiawassee Area Transportation Agency has determined that, due to increases in the cost of delivering existing transportation services and the demand for expansion of those services, additional revenues are needed; and
WHEREAS, the Owosso City Council believes that it is desirable to provide for the future of public transportation available to City residents by authorizing the levy of a millage for that purpose; and
WHEREAS, the Michigan Constitution of 1963 requires that the levy of a new millage be authorized by a vote of the electorate;
NOW, THEREFORE, BE IT RESOLVED, that the following proposal be certified to the County Clerk and submitted to the electors in the City of Owosso at the August 3, 2004 primary election:
NEW ADDITIONAL MILLAGE PROPOSAL
(PUBLIC TRANSPORTATION MILLAGE)
This proposal requests authorization for the levy of a new additional millage for the purpose of supporting the provision of public transportation services in the city of Owosso. This millage would be disbursed to the Shiawassee Area Transportation Agency and used to defray the expenses of existing transportation services and expansion of those services in the future. If authorized by the voters, it is estimated that the levy of the entire millage would generate $56,000 the first year.
Shall a new additional millage for public transportation services be levied in an amount not to exceed .225 mill ($.225 per $1,000 of taxable valuation) annually for a period of two years?
YES____________
NO_____________
Motion supported by Councilperson Robertson.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Robertson, Sumrack and Mayor Davis.
NAYS: Councilperson Owen.
DISCUSSION-PARKS AND RECREATION COMMISSION
There was lengthy discussion regarding the role of the Parks and Recreation Commission. Further discussion will be held at the next City Council meeting at which time the ordinance creating the Parks and Recreation Commission will be reviewed.
COMMUNICATIONS
City Manager Gregg Guetschow announced that he and City Clerk Schultz would be experimenting with providing Council with a paperless agenda packet. This experiment will be done when there is an agenda with a small number of supporting documents.
City Manager Gregg Guetschow acknowledged Richard Williams, Finance Director, and Kristopher Weeks, Network Engineer from the IT Department, in the audience and thanked them for their part in producing the Budget and distributing it on a CD. He also thanked Jacque Newell, IT Director, and support staff members for their assistance.
Richard C. Williams, Finance Director. The 2004-2005 City Budget was distributed at meeting.
Charles E. Barbieri, Foster, Swift, Collins & Smith, PC. Freedom of Information Request-Appeal of Denial.
Gregg G. Guetschow, City Manager. Appeal of FOIA denial.
Gail L. Schultz, City Clerk. Notice of Retirement of John L. Kenney.
Eugenia Martin. Letter regarding burning.
Avery Weaver. Request to use City Hall parking lot.
Gail L. Schultz, City Clerk. Memo regarding Weaver request for use of City Hall parking lot.
George Goodman, Michigan Municipal League. 2004 Region IV meeting brochure.
Charles J. Sumrack, City Councilman. Information packet regarding Emerald Ash Borer.
Philip B. Hathaway, Planning Director. Invitation to Check Presentation Ceremony on April 16, 2004.
John F. Archer, Building Official. Letter regarding site inspection and subsequent findings.
Owosso Historical Commission. Minutes of Meeting of March 16, 2004.
Shiawassee Area Transportation Agency. Minutes of Meetings of February 10, 2004 and March 9, 2004.
CITIZEN COMMENTS
Rick Morris, 1229 Willow Street, complimented Public Works Director Stanley Jelinek and the Public Works Department Staff on the “best job” of snow removal in the past five years on his dead end street.
Kevin Brown, 217 Curwood Castle Drive, commented regarding SATA and encouraged interest persons to attend a board meeting. He also commented that his was glad the City Council didn’t dissolve the Parks and Recreation Commission.
Remi Werner, 1220 Freeman Street, commented regarding crossing guards wages
Betty Coon, 1204 Palmer Street, asked for clarification regarding the burning ordinance public hearing scheduled for April 19th. She also commented regarding SATA.
Burton Fox, 216 East Oliver Street, announced that SATA representatives would be on his program April 23rd. He also announced that the City Manager would be on the program Friday, April 9th.
Councilperson Ford commented regarding the rotation of the roll call vote.
Councilperson Owen commented regarding the crossing guard wages.
ADJOURNMENT
Motion by Councilperson Robertson for adjournment at 9:14 p.m., supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.
John C.M. Davis, Mayor
Gail L. Schultz, City Clerk
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