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301 West Main Street, Owosso, Michigan 48867, Telephone: (989) 725-0599

 

City Council Minutes

August 2, 2004 - 7:30pm

 

PRESIDING OFFICER:           MAYOR JOHN C.M. DAVIS

OPENING PRAYER:              PASTOR JOHN WALWORTH,
                                            MEMORIAL HEALTHCARE CENTER CHAPLAIN

PLEDGE OF ALLEGIANCE:   DAVID PYKE

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 Councilperson Ford to approve the Agenda as presented.  Motion supported by Councilperson Owen and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF JULY 19, 2004

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of July 19, 2004 as presented.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

PROCLAMATIONS / SPECIAL PRESENTATIONS

Jacque Newell, IT Director.   Ms. Newell gave a visual presentation of the City’s new website.

Mayor Davis read the rules for addressing the City Council.

CITIZEN COMMENTS

Dennis Braid, Executive Director-Steam Railroad Institute, 507 South Washington Street, announced that the Institute is now open for business.  He submitted to Council a copy of the Economic Impact of the Steam Railroad Institute on Shiawassee County.

Terri Brown, Executive Director-Shiawassee County Visitors and Convention Bureau, commented in support of the activities of the Steam Railroad Institute.  She also requested City support for a reported upcoming Presidential visit to Shiawassee County.

Betty Coon, 1204 Palmer Street, commented regarding Council attendance and cost for the upcoming MML Annual Convention.  She also questioned what the attendees do at the convention.

Kay Lorraine Lauro, 4244 South Cook Road, commented regarding a petition that had been previously circulated to stop the Owosso Drain project.  She read numerous names of City residents on the petition.

Gertrude Hall. 1945 West Dewey Road, continued reading names on the petition.

Terry Carriveau, 114 North Howell Street, commented with concerns regarding information available on the City’s website related to personal tax information.  He thanked Councilperson Sumrack for meeting with him at the Kona Villa Apartments related to a pest infestation issue.

Burton Fox, 216 East Oliver Street, commented regarding the City’s website and the attractions and opportunities available in the city.

Councilperson Horvath commented regarding the possibility of a Presidential visit and thinks the City should do whatever it can to support efforts.  Councilperson Robertson supported his comments.

City Manager Guetschow responded to Mr. Carriveau’s comments regarding the website and tax information.  Mr. Guetschow commented that the tax information is information available to the public.   He also responded to Mrs. Coon’s comments regarding the MML annual convention and who would be attending; the time involved in the business meeting; and the educational sessions available.  He reported that the costs have not been determined at this time.

Councilperson Robertson commented regarding her attendance at a March MML conference with Councilperson Ford.  She commented that the opportunity to learn about municipal government was overwhelming and a huge benefit to those who take advantage of the opportunity.

CONSENT AGENDA

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

Conduct First Reading and Set Public Hearing

The First Reading on the proposed Ordinance Amendment was held.

A public hearing was set for August 16, 2004 to receive citizen comment regarding proposed amendment to Chapter 14, Flood Protection, Article III, Standards, Section 14-49, Specific Standards, of the Code of Ordinance of the City of Owosso, Michigan, as follows:

AN ORDINANCE TO AMEND CHAPTER 14, FLOOD PROTECTION, ARTICLE III, STANDARDS, SECTION 14-49, SPECIFIC STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

Section 1. That Chapter 14, Flood Protection, Article III, Standards, Section 14-49, Specific Standards, of the Code of Ordinance of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:         

Sec. 14-49. Specific standards.

In all areas of special flood hazards where base flood elevation data have been provided as set forth in section 14-6 or in section 14-29 the following standards are required:

            (1)        Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above base flood elevation.

            (2)        Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above base flood elevation; or, together with attendant utility and sanitary facilities, shall:

                        a.         Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

                        b.         Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

                        c.         Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in section 14-30(2).

            (3)        Mobile homes:

                        a.         Mobile homes shall be anchored in accordance with section 14-48(1)b.

                        b.         For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that:

                                    1.         Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;

                                    2.         Adequate surface drainage and access for a hauler are provided; and

                                    3.         In the instance of elevation on pilings, that:

                                                i.          Lots are large enough to permit steps;

                                                ii.         Piling foundations are placed in stable soil no more than ten (10) feet apart;

                                                iii.       Reinforcement is provided for pilings more than six (6) feet above the ground level.

c.       No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.

Section 2. This ordinance shall take effect 20 days after its adoption.

Section 3. This ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m.

Contract Payment.  Authorized Progress Payment No. 1 to Collard Masonry in the amount of $24,165.55 for work done to date on the 2004 Sidewalk Repair Program.

Change Order.  Authorized Change Order reducing the amount of the purchase order for 6A stone to Sumbera Excavating from $22,880.00 to $9,886.98 for backfill stone for Phase One, Osburn Lakes Site Condominium Project.

Change Order.  Authorized Change Order increasing the amount of the purchase order for pea stone to Sumbera Excavating from $20,124.00 to $24,737.98 for backfill stone for Phase One, Osburn Lakes Site Condominium Project.

Change Order.  Authorized Change Order to add $842.84 to the bid award for Etna Supply Company for additional sanitary sewer pipe for the Phase One, Osburn Lakes Site Condominium Project.

Change Order.  Authorized Change Order to the bid award with Spartan Asphalt for additional asphalt at the Skate Park in the amount of $503.44.

Contract Payment.  Approved Final Payment in the amount of  $6,481.79 to Spartan Asphalt for the asphalt pad at the Skate Park.

Contract Payment.  Authorized Progress Payment No. 2 to Cobblestone Pavers in the amount of $110,692.75 for work done to July 26, 2004 on the Michigan Avenue Reconstruction Project.

Contract Payment.  Authorized Progress Payment No. 4 to Barnhart & Son in the amount of $70,945.39 for work completed on Phase One, Osburn Lakes Site Condominium Project Infrastructure Installation.

Boards and Commissions Appointments.  Accepted the following Mayoral boards and commissions appointments (*reappointments):  Craig Wright*, Downtown Development Authority, for a term ending 06-30-2008; Richard C. Williams*, LDFA, Brownfield Redevelopment Authority, for a term ending 06-30-2008; and John Hagel*, LDFA, Brownfield Redevelopment Authority, for a term ending 06-30-2008.

Warrant No. 297.  Accepted Warrant No. 297 as follows:

Vendor Description Fund Amount
Michigan Municipal League

Workers’ Compensation Fund

Workers’ Compensation Insurance General $18,531.00

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

MICHIGAN MUNICIPAL WORKERS COMPENSATION FUND

Motion by Councilperson Ford to authorize casting of ballot for 2004 election of Fund Trustees for Michigan Municipal Workers Compensation Fund as follows: Jeff Bremer, City Administrator-City of Lathrup Village; Kevin Cornish, Village Manager-Village of Clinton; Linda Gedeon-Kuhn, Commissioner-City of Bridgman; Joseph A. Grutza, Fire Chief-City of Trenton; James E. Leidlein, City Manager-City of Harper Woods; Paul E. Opsommer, Mayor-City of Dewitt; and Kevin Welch, City Manager-City of Tecumseh.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

REAUTHORIZATION OF JULY 1, 2004 – JUNE 30, 2005

DOWNTOWN OWOSSO UDAG/CDBG PROGRAM CRITERIA

Motion by Councilperson Robertson to reauthorize July 1, 2004 – June 30, 2005 Downtown Owosso UDAG/CDBG Program Criteria under the DDA Board of Director’s recommended policies and to authorize $38,000.00 to lend to downtown businesses and building owners as follows:

DOWNTOWN OWOSSO UDAG/CDBG PROGRAM CRIERIA

JULY 1, 2004 -- JUNE 30, 2005

Introduction. Recommendations from the Downtown Development Authority lead to certain activities in the downtown that would benefit from continuation of a loan program that includes inducements to meet those objectives. The loan program would use program income from the 1984 Comstock Center project. Since 1994, the City Council has authorized various criteria and points of emphasis on a year-to-year basis. The activities are related to for-profit entities where the assistance is necessary and appropriate to carry out an economic development project. The members of the Downtown Development Authority recommend the standards for Council authorization. The emphasis on loans, with an exception for architectural review of barrier free and code compliance issues, is to have these funds available for the indefinite future. There are no more federal or state UDAG/CDBG programs active that would permit this kind of fund to become reestablished. A local emphasis on loans is a strategic policy that prolongs limited sources of assistance and directs funds to projects that have bankable qualities.

Eligible Activities for Fund Use. The activities listed are all eligible uses of the block grant fund within the DDA District and demonstrated as needs in the downtown’s comprehensive long-term strategy. Later sections of these standards outline which activities and applications have the greatest priority and should receive first consideration for use of funds in this particular fiscal year. The activities are:

1)   Business development loans to for-profit entities.

2)   Project directed to the removal of barriers that restrict the mobility, and accessibility of persons with disabilities—principally elevators.

3)   Loans for preservation of historic sites.

4)   Upper story housing development loans.

5)   Upper story access evaluation and design--forgivable loans.

6)   Retail remodeling loans.

7)   Acquisition of real property, which is blighted, inappropriately developed, undeveloped, or appropriate for rehabilitation or beautification of urban land.

8)   Historic Sign Programs.

All of the above are eligible allocations under the 1974 Housing and Community Development Act that maintains control over the variety of uses available for this fund.

Priority Use of Funds. As each fiscal year begins every July 1, the Executive Director of the Downtown Development Authority will announce availability of funds for downtown development projects. All on-file applications dated from the previous fiscal year shall maintain first position for funding in the current fiscal year. All other applications must be re-submitted. Each year’s fund assets shall be directed primarily to business development loans and retail remodeling loans with for-profit entities. The fund assets will be made available on a first submitted/first-qualified basis. Applicant inactivity on a loan application for any step in the process that extends beyond a 30-day time period shall cause the next application in line to be considered. The loan program will be announced with a first opportunity for submittal date supplied. No applications will be accepted prior to that notice. Funds not allocated in any fiscal year may be added to the subsequent year’s fund program.

Criteria for Eligible Activities. Each eligible activity must meet criteria for the use of the block grant fund. The most fund-worthy projects will be coordinated with other related activities including an assembly of the multiple objectives of this program. The Federal guidelines declare that project importance will be measured by the extent to which the project would provide a permanent, continuing and/or residual benefit to the community. All loans may be subordinated to the private sources of funds that are to be secured. Debt coverage for borrower collateral is required. Applicants must pass ordinary credit criteria applied by local lenders. References to prime interest rates in the criteria mean the prime rate as published in the Wall Street Journal. The specific criteria for each loan type are as follows:

I.          BUSINESS DEVELOPMENT LOANS.

The business development loan program is targeted to those downtown proposals that achieve the following levels:

a)      The project is consistent with the long-term development plan for public and private improvements in the downtown area and received documented support financial institutions or the Small Business Resource Center within the Shiawassee Regional Chamber of Commerce.

b)       The business type is a retail outlet that expands the use of vacant space in the downtown or converts existing space to a priority retail concept listed in Exhibit A of these criteria; or

c)    The business type is an economic base service industry that exports projects or services outside of the Shiawassee County area, creates five (5) or greater new full time jobs, and uses a building zoned and planned so as to not disrupt the primary retail spaces of the downtown.

The loan conditions and terms include:

1)      The ratio of all other private and public fund in relationship to the UDAG funds shall be at least 1:1. The ratio will be lessened to .75:1.25 for retail projects listed in Exhibit A and located on Washington Street between Comstock Street and Mason Street. The ratio also applies to buildings anywhere within the DDA with a vacancy of at least 24 months.

2)   The maximum loan amount shall be based on available funds for the fiscal year when the project is considered for funding. The minimum loan amount is $10,000. Loan terms shall be at a fixed rate at prime (prime is defined by local lenders for comparable loans) for a term not to exceed seven years. The rate shall be reduced to one point below the prime rate for projects listed in Exhibit A and located on Washington Street between Comstock Street and Mason Street. The rate reduction also is available to buildings in the district with a vacancy greater than 24 months.

II.         BARRIER FREE PROJECTS.

Projects in this category are eligible if the structure is multi-story and has a floor area of at least 4,000 square feet per floor. Adjoining buildings can qualify as meeting this standard by combining areas with one elevator. Barrier free access to upper story spaces and within upper story spaces can be achieved through a direct development loan provided that:

a)       The applicant owns the property.

b)    The proposed upper story use advances an interest expressed in plans and policies of the DDA.

            The loan conditions and terms include:

1)      The maximum loan for this type of improvement is $65,000. The minimum loan shall be $10,000.

2)   The loan term shall be no greater than 15 years and have a fixed rate of 40% of prime but not less than 3%.

Note: Barrier free access improvements for lavatories, ramps, aisle space, doorways, and the like are eligible activities when associated with other projects listed in this manual.

III.       PRESERVATION OF HISTORIC SITES.

The preservation of historic sites is an eligible loan activity of the fund under the following provisions:

a)   The improvements are restoration-based for interior and/or exterior work according to the applicant’s plan of restoration. The loan committee shall, in its sole judgment, qualify the adequacy of the restoration plan and may establish requirements for improved planning prior to authorizing a loan.

b)   The building is an historically eligible structure as defined by the Department of Interior Secretary’s Standards.

            The loan conditions and term are:

1)   The maximum loan amount for this program may not exceed $50,000. The minimum loan amount is $3,000. The applicant must apply to the project costs a minimum of 25% of the UDAG loan amount to the project or invest that amount in other building improvements in the same year as the restoration project.

2)   The loan term shall not exceed 12 years and the rate is fixed at 40% of prime but not less than 3%.

IV.        UPPER STORY RESIDENTIAL LOANS.

Upper story apartment development within the downtown district would become eligible for a loan under the following criteria:

a)       The minimum square footage per apartment unit is 800 square feet for a Basic Loan and 1200 square feet for an Inducement Loan.

b)       There would be two loans available:

1.      Basic Loan.

i)        A maximum of $12,500 per apartment of public loan funds. No minimum for private funds.

ii)   Term is a 10-year amortization rate with a five-year balloon.

iii) The rate is one point below prime. The Loan Committee shall be empowered to grant an extension for a second five-year term at prime plus one taking into consideration the need for a loan workout settlement and adequacy of collateral coverage.

iv)    Air conditioning of the unit is required.

v)       Cable connection in at least one room and phone jacks in every habitable room except the bath are required.

2.      Inducement Loans.

i)        A maximum of $15,000 per apartment of public loan funds. No minimum for private funds.

ii)     Term is a 10-year amortization rate with a five-year balloon.

iii)   Rate is 4% fixed with an extension of the balloon allowed under the same conditions as the Basic Loan.

iv)  Air conditioning of the unit is required.

v)   Cable connection with high-speed internet opportunity in at least one

      room and phone jacks in every habitable room except the bath are required.

iv)  The apartment must have any two (2) of the following amenities:

                  --Laundry Hook-ups

                  --Dishwasher

--Loft Style Design

--Bicycle Storage in secured areas of the ground floor or basement

--Rooftop Garden or Patio—minimum of 100 square feet

--Balcony with wrought iron railing

--Indoor Stove Top Grill

--Hardwood Floors

--Jacuzzi Bath

--Skylight Window

      Also the applicant may propose alternatives for committee evaluation.

c)    In each application acceptance period, loan applicants with private parking alternatives will be considered prior to other applicants for apartment loans.

V.         UPPER STORY ACCESS GRANTS

Upper story access grants are intended to provide professional evaluations and plans for resolving design, accessibility and building code issues. Criteria for this grant opportunity are as follows:

a)   Buildings with less than 2500 square feet per floor would be limited to a $2,500 grant. A sliding scale for buildings larger than 2500 square feet per floor would proceed as follows:

                                    2500-4000 sq. ft.                     $ 3,000

                                    4000 sq. ft. and over               $ 5,000

The owner shall deposit $1,000 of the grant, or 50% of the study cost whichever is less, into escrow with the city. The funds shall be refunded without interest if the study considers the development feasible, and the development is carried out within eighteen months of the completion of the study. Feasibility shall be determined by the architect/engineer in his/her sole discretion.

c)       If the cost of a complete access/code study is greater than the permitted amounts, the building owner must pay the balance of what a study would cost for that building. That information would be provided in advance of undertaking a project to allow the building owner to cancel a request for funding.

c)    Two or more buildings combined into a single access/code study concept would have the limits increased by $1,000.

d)       The City would contract for the work with the owner’s consent on the selected architect/engineer.

e)   The 2004-2006 program for all applicants would be capped at $5,000 and shall be made available on a first qualified/first-serviced basis.

VI.        RETAIL REMODELING LOANS.

A building owner may be eligible for this loan for projects that upgrade a building condition that will modernize the structure for retail use or reverse a deteriorating condition. Examples include sign repair, mechanical and electrical systems, roof work, partitions, windows, alcoves, doors, and painting. This program is different from the business development loan that is focused on working capital and purchase of inventory and fixtures.

            A loan request up to $50,000 is allowed. An equivalent private source of money is required. The interest rate is 40% of prime but not less than 3% at a fixed rate with a maximum term of 7 years. For buildings in the 9-block core area with at least a 24-month vacancy, the loan rate shall be reduced to 1%.

VII.      ACQUISITION OF PROPERTY

The loan fund shall be used for Council authorized acquisitions of property when project pro forma demonstrates a return to the revolving loan fund of at least 50% of the acquisition costs through sale of the property. Sale terms may include financing at prime-plus-one up to a ten-year term and subordination if collateral coverage is adequate as determined by the project credit analyst. Eligible properties shall include any parcel within the DDA district that advances the purposes of the plans and policies of the district. The general policy for an eligible property is that it should be blighted, inappropriately developed, undeveloped, or appropriate for rehabilitation or beautification of urban land.

VIII.     HISTORIC SIGN PROGRAM

For buildings 50 years or older, historic sign restoration or establishment may benefit from one of two programs:

A.   For loans that involve any of the other loan features of the revolving loan program, the borrower will receive an interest credit of $1,000 applied to the initial two years of the loan repayments.

B.   For buildings that will only change the sign in conformance with the design standards, the borrower will receive a 50% rebate for the cost of the sign but not exceeding $1,000. The source of funds will be taken from interest earnings from the existing program.

Program Eligibility and Limits.

A.   An eligible tenant or building owner in the nine-block core area may apply. Buildings over 50 years old in the balance of the downtown are eligible.

B.   In any one year, if funds are not committed to the historic buildings by April 30 of that fiscal year, all other buildings may apply for the credit or loan enhancement.

C.   In any one year there is a $6,000 cap of funding eligibility. Funds will be distributed on a first qualified, first served basis.

D.   An eligible building must be in compliance with city codes and ordinances.

Program Standards.

A.   The DDA shall adopt the sign standards at the beginning of the program year. The standards are to become established in deference to available reference materials from the US Department of Interior Main Street program and/or other recognized authorities of sign design.

B.   An applicant is qualified through a letter of intent to request the rebate and subsequent action to acquire final approval no less than six weeks after submittal of the letter of intent.

C.   The downtown loan committee shall find conformance with the sign standards and notify the applicant of that acceptance.

D.   The rebate will be paid to the sign owner within two weeks of installation.

Criteria for Project Selection. The City Council of the City of Owosso is ultimately responsible for the disposition of the funds; however, the fund is restricted to the permitted uses listed in the 1974 Housing and Community Development Act. The Council shall seek advisory recommendations from the Downtown Development Authority for the structure of the loan program.

The Council is responsible for the adoption of this program manual. The Council shall approve a project review committee appointed by the Mayor. The committee shall consist of representative of two downtown lending institutions, the Mayor or the Mayor’s appointee from the Council, and the Executive Director of the Downtown Development Authority. The committee shall make decisions on loan and grant applications on the basis of the manual’s loan criteria. Loan workouts for delinquent loans shall be accomplished through the bank lenders on the committee and be based on private lending practices. Any exceptions to the criteria must be approved by the City Council. City staff shall act as the intake office for project proposals and manage the loan portfolios. Each year, prior to the adoption of the Program Manual, the City Council shall receive a report on the loan program with details of project character, extent and payment performance of the loans.

Loan Proceeds and Administrative Fees. With exception to administrative fees described below, all loan proceeds shall be reapplied to the block grant fund for use in future projects that comply with this program manual. On June 1st of each fiscal year, a 1% fee shall be charged against the amount of loan repayments for the year with the amount charged provided to the Downtown Development Authority for use in downtown promotions.

EXHIBIT “A”

QUALIFYING RETAIL STORES FOR THE 2004-2005 PROGRAM YEAR

The following stores are qualified retail concepts for consideration of an interest rate bonus loan in the 2004-2005 program year:

Department Store                                                       Fresh Produce Store

Supermarket (over 6,000 sq. ft.)                                Junior Department Store

Women’s Ready-to-Wear                                             Maternity/Uniforms

Women’s Specialty                                                     Family Shoes

Athletic Footwear/Clothing                                       Bookstores (full line/new)

Records/Videos/Tapes                                               Musical Instruments/Sheet Music

Children’ s/Infant Wear                                             Bakeries—breads and bagels emphasis

Home Improvement/Accessories                              Computer Store — 60% sales floor area

Gifts

Also included is replacement/retention of any existing retail line that is subject to recent or future ownership changes or closing.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

OWOSSO DRAIN SETTLEMENTS

Motion by Councilperson Ford to approve the following two proposed settlements with Frank Fisher and Joanne Fisher, husband and wife, and John Fisher; and Wayne L. and Ruth Roszman in regard to the Owosso Drain Appeals contingent upon Owosso Township settling its appeals so that the project may go forward:

CONSERVATION EASEMENT

      THIS CONSERVATION EASEMENT is made this ____ day of                              , 2004,

by Frank Fisher and Joanne Fisher, husband and wife, individually and as Trustees, having an address at ___________________________, John Fisher, a____________________ man, having an address of ______________________, Northwood Mobile Home Estate, Inc., a Michigan corporation, having an address of __________________________________, Evergreens, Inc., a Michigan corporation, and having an address of________________________ _____________________________ (“Grantors”), in favor of the City of Owosso, a Michigan municipal corporation, having an address at 301 West Main Street, Owosso, Michigan 48867 (“Grantee”).

WITNESSETH:

WHEREAS, Grantors are the sole owners in fee simple of certain parcels of real property in the Township of Owosso, Shiawassee County, Michigan, more particularly described in Exhibits ______________ attached hereto and incorporated by this reference (the “Property”);

WHEREAS, the Grantee petitioned to improve the Owosso Drain on July 17, 1997, and Grantors have been and will be assessed for said improvements; and

WHEREAS, Grantors have objected to their assessment for improvements to the Owosso Drain in Shiawassee County Circuit Court file number 02-7629-AZ.

NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of Michigan, Grantors hereby voluntarily grant and convey to Grantee an easement for twenty (20) years from the date hereof over the Property of the nature and character and to the extent hereinafter set forth.

1.   Easement. Grantors hereby grants to Grantee an Easement to assure that the Property will be retained in its current condition as agricultural land. Uses that are prohibited include but are not limited to: new construction of buildings, installation of blacktop or other hard surfaces and adding fill material. Improvements to buildings and property for agricultural purposes or for improvements to Grantors homestead are not prohibited.

2.   Right to Enter. Grantee is hereby granted the right to enter the property with twenty (20) days written notice to Grantor for the purpose of inspecting the property to monitor compliance with and enforce the terms of this easement. The right to enter will only be utilized if there is no other method of verifying compliance.

3. Reserved Rights. Grantors reserve to themselves, and to their personal representatives, heirs, successors and assigns, all rights to farm the Property.

4.   Consideration. As consideration for this Easement, Grantee shall pay on behalf of Grantors the special assessment installments as they come due, including interest, for the improvements to the Owosso Drain installed as a result of Grantee’s July 7, 1997 petition applicable to the property. In addition, Grantee shall reimburse Grantors for the 2002 special assessment in the amount of $_________________ for the Owosso Drain. If Grantors violate the terms of this Easement or notify Grantee that Grantors wish to terminate this Easement prior to its 20 year expiration, Grantors shall repay Grantee without interest for all installments paid and then be liable for all remaining unpaid installments of the assessment and any interest due thereon.

5.   Forbearance. Forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee’s rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver.

6.   Access. No right of access by the general public to any portion of the Property is conveyed by this Easement.

7.   Costs, Legal Requirements and Liability. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property, including the maintenance of adequate liability insurance coverage.

8.   Taxes. Grantors shall pay before delinquency all taxes, assessments, fees and charges of whatever description levied on or assessed against the Property by competent authority (collectively “taxes”) except the assessments arising from Grantee’s July 7, 1997 petition described above.

9.   Subsequent Transfers. Grantors agree to incorporate the terms of this Easement by reference in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantors further agree to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantors to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way.

10. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Michigan.

11. Representation as to Ownership. Grantors represent that they are the owners of the property and have authority to enter into this Conservation Easement.

12. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Easement, all of which are merged herein.

TO HAVE AND TO HOLD unto Grantee, its successors and assigns.

IN WITNESS WHEREOF, Grantors and Grantee have set their hands on the day and year first above written.

CONSERVATION EASEMENT

THIS CONSERVATION EASEMENT is made this ____day of                                         , 2004,

by Wayne L. Roszman and Ruth Roszman, husband and wife, individually and as Trustees, having an address at ______________________________________ (“Grantors”), in favor of the City of Owosso, a Michigan municipal corporation, having an address at 301 West Main Street, Owosso, Michigan 48867 (“Grantee”).

WITNESSETH:

WHEREAS, Grantors are the sole owners in fee simple of certain real property in the Township of Owosso, Shiawassee County, Michigan, more particularly described in Exhibit A attached hereto and incorporated by this reference (the “Property”);

WHEREAS the Grantee petitioned to improve the Owosso Drain on July 17, 1997, and Grantors have been and will be assessed for said improvements; and

WHEREAS Grantors have objected to their assessment for improvements to the Owosso Drain in Shiawassee County Circuit Court file numbers 04-00698 and 02-7508-AS.

NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of Michigan, Grantors hereby voluntarily grant and convey to Grantee an easement for twenty (20) years from the date hereof over the Property of the nature and character and to the extent hereinafter set forth.

1. Easement. Grantors hereby grants to Grantee an Easement to assure that the Property will be retained in its current condition as agricultural land. Uses that are prohibited include but are not limited to: new construction of buildings, installation of blacktop or other hard surfaces and adding fill material. Improvements to buildings and property for agricultural purposes or for improvements to Grantors homestead are not prohibited.

2. Right to Enter. Grantee is hereby granted the right to enter the property with twenty (20) days write (sic) notice to Grantor for the purpose of inspecting the property to monitor compliance with and enforce the terms of this easement. The right to enter will only be utilized if there is no other method of verifying compliance.

3.   Reserved Rights. Grantors reserve to themselves, and to their personal representatives, heirs, successors and assigns, all rights to farm the Property.

4.   Consideration. As consideration for this Easement, Grantee shall pay on behalf of Grantors the special assessment installments as they come due, including interest, for the improvements to the Owosso Drain installed as a result of Grantee’s July 7, 1997 petition applicable to the property. In addition, Grantee shall reimburse Grantors for the 2002 special assessment in the amount of $3,985.14 for the Owosso Drain. If Grantors violate the terms of this Easement or notify Grantee that Grantors wish to terminate this Easement prior to its 20 year expiration, Grantors shall repay Grantee without interest for all installments paid and then be liable for all remaining unpaid installments of the assessment and any interest due thereon.

5.   Forbearance. Forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee’s rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantors shall impair such right or remedy or be construed as a waiver.

6.   Access. No right of access by the general public to any portion of the Property is conveyed by this Easement.

7.   Costs, Legal Requirements and Liability. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Property, including the maintenance of adequate liability insurance coverage.

8.   Taxes. Grantors shall pay before delinquency all taxes, assessments, fees and charges of whatever description levied on or assessed against the Property by competent authority (collectively “taxes”) except the assessments arising from Grantee’s July 7, 1997 petition described above.

9.   Subsequent Transfers. Grantors agree to incorporate the terms of this Easement by reference in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantors further agree to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantors to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way.

10. Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of Michigan.

11. Representation as to Ownership. Grantors represent that they are the owners of the property and have authority to enter into this Conservation Easement.

12. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Easement, all of which are merged herein.

TO HAVE AND TO HOLD unto Grantee, its successors and assigns.

IN WITNESS WHEREOF, Grantors and Grantee have set their hands on the day and year first above written.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

FIFTH MONDAY MEETING

Motion by Councilperson Horvath to set agenda for Fifth Monday meeting for August 30, 2004 for an update on the water issue and relationship with the townships.

Motion supported by Councilperson Owen.

Roll Call Vote.

AYES:               Councilpersons Horvath, Robertson, Sumrack, Ford, Owen, and Mayor Davis.

NAYS:              Mayor Pro-Tem Osika.

EXECUTIVE SESSION FOR CITY MANAGER PERFORMANCE

Motion by Councilperson Robertson to postpone the Executive Session to discuss City Manager Performance Evaluation to the August 16, 2004 City Council meeting at the request of the City Manager in support of the City Clerk and the long Election Day on Tuesday.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Michigan Municipal League.  Invitation to annual convention.

Michigan Municipal League.  Announcement of Executive Director’s retirement.

Owosso Zoning Board of Appeals.  Minutes of Meeting of July 20, 2004.

Owosso Historical Commission.  Minutes of Meeting of July 20, 2004.

CITIZEN COMMENTS

Burton Fox, 216 East Oliver Street, commented that he believed it was in the City’s best interest to demolish the old hotel building on the southwest corner of Main and Washington Streets.

Mayor Pro-Tem Osika commented regarding the cost to demolish this building.  City Manager Guetschow commented regarding the sources for financing related to demolition and future development.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 8:41 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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