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

 

City Council Minutes

December 6, 2004 - 7:30pm

PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 REV. MICHAEL MCCOY

                                                BURTON – CARLAND UNITED METHODIST CHURCHES

PLEDGE OF ALLEGIANCE:      SALLYSUE GALE

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

APPROVE MINUTES - REGULAR MEETING OF NOVEMBER 15, 2004

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of November 15, 2004 as presented.  Motion supported by Councilperson Robertson and concurred in by unanimous vote.

APPROVE MINUTES - SPECIAL MEETING OF NOVEMBER 29, 2004

Motion by Councilperson Ford to approve the Minutes of the Special Meeting of November 29, 2004 as presented.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

MAYOR DAVIS READ THE RULES FOR ADDRESSING THE CITY COUNCIL.

PROCLAMATIONS / SPECIAL PRESENTATIONS

Sallysue Gale presented the City Council with a CD copy of the 1976 Sesquicentennial Pageant.

PUBLIC HEARING

ORDINANCE AMENDMENT­                  Chapter 34, Utilities and Services.

ORDINANCE NO. 664

The public hearing was conducted to receive citizen comment regarding proposed ordinance amendments to Chapter 34, Utilities and Services, of the Code of Ordinances of the City of Owosso, Michigan.

Whereas, the Council, after due and legal notice, has met and there being no one to be heard, motion by Councilperson Owen that the following ordinance be adopted:

ORDINANCE NO. 664

AN ORDINANCE TO ADD ARTICLE VII GAS FRANCHISE TO CHAPTER 34, UTILITIES AND SERVICES, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN GRANTING TO CONSUMERS ENERGY COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, POWER AND AUTHORITY TO LAY, MAINTAIN AND OPERATE GAS MAINS, PIPES AND SERVICES ON, ALONG, ACROSS AND UNDER THE HIGHWAYS, STREETS, ALLEYS, BRIDGES, WATERWAYS, AND OTHER PUBLIC PLACES, AND TO DO A LOCAL GAS BUSINESS IN THE CITY OF OWOSSO, SHIAWASSEE COUNTY, MICHIGAN, FOR A PERIOD OF THIRTY YEARS.

THE CITY OF OWOSSO ORDAINS:

Section 1. Article VII Gas Franchise shall be and the same is hereby added to Chapter 34, Utilities and Services, of the Code of Ordinances of the City of Owosso to read as follows:

ARTICLE VII. GAS FRANCHISE

Sec. 34-300. Grant, term. The City of Owosso, Shiawassee County, Michigan hereby grants to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter called “Grantee,” the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, waterways, and other public places, and to do a local gas business in the city of Owosso, Shiawassee County, Michigan for a period of thirty years.

Sec. 34-301. Consideration. In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof.

Sec. 34-302. Conditions. No highway, street, alley, bridge, waterway or other public place used by said Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the same order and condition as when said work was commenced. All of Grantee’s pipes and mains shall be so placed in the highways and other public places as not to unnecessarily interfere with the use thereof for highway purposes.

Sec. 34-303. Hold harmless. Said Grantee shall at all times keep and save the City free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent construction and maintenance of the structures and equipment hereby authorized. In case any action is commenced against the City on account of the permission herein given, said Grantee shall, upon notice, defend the City and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance.

Sec. 34-304. Extensions. Said Grantee shall construct and extend its gas distribution system within said City and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations.

Sec. 34-305. Franchise not exclusive. The rights, power and authority herein granted are not exclusive. Either manufactured or natural gas may be furnished hereunder.

Sec. 34-306. Rates. Said Grantee shall be entitled to charge the inhabitants of said City for gas furnished therein, the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to fix and regulate gas rates and rules regulating such service in said City, are hereby granted for the term of this franchise. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said City, acting by its City Council, or by said Grantee.

Sec. 34-307. Revocation. The franchise granted by this ordinance is subject to revocation upon sixty (60) days written notice by the party desiring such revocation.

Sec. 34-308. Michigan Public Service Commission; jurisdiction. Said Grantee shall, as to all other conditions and elements of service not herein fixed, be and remain subject to the reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to gas service in said City.

Sec. 34-309. Repealer. This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of a gas ordinance adopted by the City on December 16, 1974 entitled:

AN ORDINANCE, granting to CONSUMERS POWER COMPANY, its successors and assigns, the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges and other public places, and to do a local gas business in the CITY OF OWOSSO, SHIAWASSEE COUNTY, MICHIGAN, for a period of thirty years.

and amendments, if any, to such ordinance whereby a gas franchise was granted to Consumers Energy Company.

Sec. 34-310. Assignment. Grantee shall not assign this franchise to any other person, firm or corporation without the prior written approval of the City.  The City shall not unreasonably withhold its consent to an assignment if the assignee is financially able to carry out Grantee’s obligation under this franchise.  This assignment of this franchise to a subsidiary, division or affiliated corporation of Grantee or its parent corporation shall not be considered an assignment requiring the consent of City.

Sec. 34-311. Compliance with Charter and Ordinances. During the term of this franchise, Grantee shall comply with all applicable City Charter provisions and ordinances, provided, however, that nothing herein shall be construed as a waiver by Grantee of any of its existing or future rights under state or Federal law.

Sec. 34-312. Effective date. This ordinance shall take effect twenty (20) days after the date of its adoption; provided, however, it shall cease and be of no effect after thirty (30) days from its adoption unless within said period Grantee shall accept the same in writing filed with the City Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said City and said Grantee.

Section 2.  Copies of this ordinance may be purchased from the City Clerk during regular business hours.

Section 3. The Owosso City Council adopted the foregoing Ordinance No. 664 on December 6, 2004.  The effective date of the ordinance is December 26, 2004.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

CITIZEN COMMENTS

City Manager Gregg Guetschow introduced Chris Thelen from Consumers Energy.  He commented regarding the good working relationship the City has with Mr. Thelen.

CONSENT AGENDA

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

Special Assessment District No. 2004-1– Hazards and Nuisances.  Authorized Resolution No. 1 setting a public hearing for December 20, 2004 to receive citizen comment regarding Special Assessment District No. 2004-1, Hazards and Nuisances, as it relates to unpaid costs incurred in the altering, repairing, tearing down, abating or removing of hazards and nuisances, as follows:

WHEREAS, the Assessor has prepared a special assessment roll for the purpose of specially assessing that portion of the unpaid costs incurred in the altering, repairing, tearing down, abating or removing of hazards and nuisances more particularly hereinafter described to the properties specially benefited by said public improvement, and the same has been presented to the Council by the City Clerk.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.     Said special assessment roll is hereby accepted and shall be filed in the office of the City Clerk for public examination.

2.     The Council shall meet at the Owosso City Hall, Owosso, Michigan at 7:30 o’clock p.m., on December 20, 2004 for the purpose of hearing all persons interested in said special assessment roll and reviewing the same.

3.     The City Clerk is directed to publish the notice of said hearings once in The Argus Press, the official newspaper of the City of Owosso, not less than ten (10) days prior to said hearing and shall further cause notice of said hearing to be sent by first class mail to each owner of the property subject to assessment, as indicated by the records in the City Assessor’s office as shown on the general tax rolls of the City, at least ten  (10) days before the time of said hearing, said notice to be mailed to the addresses shown on said general tax rolls of the City.

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

NOTICE OF HEARING TO REVIEW

SPECIAL ASSESSMENT ROLL – HAZARDS AND NUISANCES

CITY OF OWOSSO, COUNTY OF SHIAWASSEE, MICHIGAN

TO THE OWNERS OF THE OF THE FOLLOWING DESCRIBED PROPERTY:

Parcel Number

       Address

Type of Nuisance/Hazard

 Amount

050-660-026-002-00

615 Cass Street

Clear Ice/Snow

 $   148.28

050-680-005-003-00

409 Corunna Avenue

Clear Ice/Snow

 $     97.89

050-420-001-005-00

522 Corunna Avenue

Clear Ice/Snow

 $   323.06

050-113-008-001-00

720 South Chipman Street

Clear Ice/Snow

 $     97.89

050-680-005-003-00

409 Corunna Avenue

Mow Tall Grass/Weeds

 $   113.02

050-652-003-002-00

319 East Stewart Street

Mow Tall Grass/Weeds

 $   383.77

050-622-005-002-00

1005 West Stewart Street

Mow Tall Grass/Weeds

 $   244.09

050-113-003-007-00

919 Milwaukee Street

Mow Tall Grass/Weeds

 $   113.59

050-420-004-005-00

612 Broadway Street

Mow Tall Grass/Weeds

 $   108.14

050-420-007-015-00

748 Broadway Street

Mow Tall Grass/Weeds

 $   165.52

050-010-031-010-00

707 Abrey Street

Mow Tall Grass/Weeds

 $   176.35

050-115-003-011-00

324 Prindle Street

Mow Tall Grass/Weeds

 $   136.36

050-240-002-023-00

657 North Hickory Street

Mow Tall Grass/Weeds

 $   131.07

050-602-004-005-00

815 Isham Street

Mow Tall Grass/Weeds

 $   116.17

050-651-022-007-00

222 Corunna Avenue

Mow Tall Grass/Weeds

 $   107.46

050-652-003-002-00

319 East Stewart Street

Mow Tall Grass/Weeds

 $   249.19

050-680-004-002-00

405  Huron Street

Mow Tall Grass/Weeds

 $     91.43

050-100-002-005-00

308 State Street

Sidewalk Improvements

 $   150.00

050-113-001-027-00

812 Stewart Street

Sidewalk Improvements

 $   150.00

050-113-011-001-00

616 Martin Street

Sidewalk Improvements

 $   240.00

050-113-011-002-00

606 Martin Street

Sidewalk Improvements

 $     60.00

050-220-000-057-00

1511 Young Street

Sidewalk Improvements

 $     90.00

050-320-000-095-00

1200 North Washington Street

Sidewalk Improvements

 $     62.25

050-240-002-023-00

657 North Hickory Street

Property Clean-up

 $   349.37

050-651-000-013-00

415 Genesee Street

Property Clean-up

 $   211.08

050-113-003-007-00

919 Milwaukee Street

Property Clean-up

 $   922.80

050-391-000-008-00

432 East Mason Street

Property Clean-up

 $   164.39

050-270-000-035-00

1432 Pearce Street

Property Clean-up

 $   391.33

050-115-001-004-00

421 West Stewart Street

Property Clean-up

 $   400.07

050-651-000-013-00

415 Genesee Street

Property Clean-up

 $   293.13

050-602-036-010-00

1404 Nelson Street

Property Clean-up

 $     86.26

050-652-010-003-00

906 South Saginaw Street

Property Clean-up

 $   431.31

050-666-000-031-00

515 East Exchange St.

Property Clean-up

 $   261.18

050-011-019-003-00

808 Corunna Avenue

Property Clean-up

 $   267.37

050-470-004-012-00

403 North Ball Street

Property Clean-up

 $   209.21

050-420-002-013-00

630 Grand Avenue

Property Clean-up

 $   142.38

050-240-001-017-00

640 North Hickory Street

Property Clean-up

 $   273.73

050-602-040-014-00

1305 Hiram Street

Property Clean-up

 $   255.50

 

 

 

 

 

 

 

 

 

 

 

Total Roll

 $8,214.64

             

TAKE NOTICE that a Special Assessment Roll-Hazards and Nuisances has been prepared for the purpose of defraying the unpaid costs incurred in the altering, repairing, tearing down, abating or removing of hazards and nuisances of the above described property.

The said Special Assessment Roll-Hazards and Nuisances is on file for public examination with the City Clerk and any objections to said Special Assessment Roll-Hazards and Nuisances must be filed in writing with the City Clerk prior to the close of the hearing to review said Special Assessment Roll-Hazards and Nuisances.

TAKE FURTHER NOTICE that appearance and protest at this hearing is required in order to appeal the amount of the special assessment to the State Tax Tribunal if an appeal should be desired.  A property owner or party in interest, his or her agent, may appear in person at the hearing to protest the special assessment or may file his or her appearance by letter and his or her personal appearance shall not be required.  The property owner or any person having an interest in the property subject to the proposed special assessments may file a written appeal of the special assessment with the State Tax Tribunal within thirty days after confirmation of the special assessment roll if that special assessment was protested at this hearing.

TAKE FURTHER NOTICE that the City Council will meet at the Owosso City Hall, Owosso, Michigan at 7:30 p.m. on December 20, 2004 for the purpose of reviewing said Special Assessment Roll-Hazards and Nuisances and for the purpose of considering all objections to said roll submitted in writing.

Hotel Owosso Community Development Block Grant. Set a public hearing for December 20, 2004 to receive citizen comment on the city’s $750,000 Community Development Block Grant Application for the Hotel Owosso project.

Change Order.  Authorized Change Order No. 1 decreasing the amount of the bid award (purchase order) for asphalt pavement to Spartan Asphalt by $21,610.39 for pavement installation at the Osburn Lakes Single Family Condominiums.

Change Order.  Authorized Change Order No. 2 increasing the amount of the bid award (purchase order) for 22A gravel to Constine, Inc. by $2,543.74 for additional 22A gravel needed for the Phase One, Osburn Lakes Single Family Condominiums.

Payment Authorization.  Authorized payment to the State of Michigan for Annual Wastewater Plant (NPDES) Discharge Fee in the amount of $5,500.00.

Planning Commission Referral-Street Closure.  Referred to Planning Commission for public hearing and recommendation the closing of Abrey Avenue from 132’ North of Allendale Avenue to the previously closed portion of Abrey Avenue.

Boards and Commissions Appointment.  Approved the following Mayoral boards and commissions re-appointments:

Member

Board/Commission

Term

Sallysue Gale

Board of Review

12-31-2009

Samantha Stechschulte

Historical Commission

12-31-2007

Martha Liddle-Lameti

Historical Commission

12-31-2007

Susan J. Osika

Shiawassee Area Transportation Authority

10-01-2007

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

MICHIGAN DEPARTMENT OF TRANSPORTATION

PERFORMANCE AND INDEMNIFICATION RESOLUTION

Motion by Councilperson Ford to adopt the following resolution:

PERFORMANCE

RESOLUTION FOR GOVERNMENTAL BODIES

This Performance Resolution is required by the Michigan Department of Transportation for purposes of issuing to a municipal utility an “Individual Permit for Use of State Trunkline Right of Way” (form 2205), or an “Annual Application and Permit for Miscellaneous Operations with State Trunkline Right of Way” (form 2205B).

RESOLVED WHEREAS, the Owosso City Council hereinafter referred to as the “GOVERNMENTAL BODY,” periodically applies to the Michigan Department of Transportation, hereinafter referred to as the “DEPARTMENT,” for permits, referred to as “PERMIT,” to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under state trunkline right of way at various locations within and adjacent to its corporate limits;

NOW, THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL BODY agrees that:

Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law.

This Agreement is not intended to increase either party’s liability for, or immunity from, tort claims.

This Agreement is not intended nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement.

1.                Any work performed for the GOVERNMENTAL BODY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL BODY and not a contractor or agent of the DEPARTMENT.  Any claims by any contractor or subcontractor will be the sole responsibility of the GOVERNMENTAL BODY.  The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMNTAL BODY, or their subcontractors or any other person not a party to the PERMIT without its specific prior written consent and notwithstanding the issuance of the PERMIT.

2.                The GOVERNMENTAL BODY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.  In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan 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.

3.                It will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State trunkline right of way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL BODY’S facilities according to a PERMIT issued by the DEPARTMENT.

4.                With respect to any activities authorized by PERMIT, when the GOVERNMENTAL BODY requires insurance on its own or its contractor’s behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.

5.                The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT.

6.                This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL BODY or the DEPARTMENT with no less than thirty (30) days prior written notice to the other party.  It will not be cancelled or otherwise terminated by the GOVERNMENTAL BODY with regard to any PERMIT which has already been issued or activity which has already been undertaken.

BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the Michigan Department of Transportation for the necessary permit to work within state trunkline right of way on behalf of the GOVERNMENTAL BODY: Ronald G. Baker, City Engineer and/or Gail L. Schultz, City Clerk.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATES

Motion by Councilperson Owen to authorize revocation of the real property component of Industrial Facilities Exemption Certificates #93-333 and #96-299 for the facility at 1550 East South Street (formerly Charmilles Technologies Manufacturing Corporation) as follows:

RESOLUTION APPROVING THE REVOCATION OF THE REAL PROPERTY COMPONENT OF

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE #93-333

CITY OF OWOSSO

SHIAWASSEE COUNTY, MICHIGAN

WHEREAS, Industrial Facilities Exemption Certificate #93-333 was issued for real and personal property located at 1550 East South Street to Charmilles Technologies Manufacturing Corporation; and

WHEREAS, Charmilles Technologies Manufacturing Corporation ceased the manufacturing operations of this facility in late 2003; and

WHEREAS, the personal property listed under this exemption certificate were liquidated at auction on January 27, 2004; and

WHEREAS, the personal property component of this exemption was approved by resolution for revocation by City Council August 14, 2004; and

WHEREAS, the State Tax Commission on August 24, 2004, approved the request and ordered the revocation of the personal property component effective December 30, 2004; and

NOW, THEREFORE, BE IT RESOLVED, that the real property component of Certificate #93-333 is revoked.

RESOLUTION APPROVING THE REVOCATION OF THE REAL PROPERTY COMPONENT OF

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE #96-299

CITY OF OWOSSO

SHIAWASSEE COUNTY, MICHIGAN

WHEREAS, Industrial Facilities Exemption Certificate #96-299 was issued for real and personal property located at 1550 East South Street to Charmilles Technologies Manufacturing Corporation; and

WHEREAS, Charmilles Technologies Manufacturing Corporation ceased the manufacturing operations of this facility in late 2003; and

WHEREAS, the personal property listed under this exemption certificate were liquidated at auction on January 27, 2004; and

WHEREAS, the personal property component of this exemption was approved by resolution for revocation by City Council August 16, 2004; and

WHEREAS, the State Tax Commission on August 24, 2004, approved the request and ordered the revocation of the personal property component effective December 30, 2004; and

NOW, THEREFORE, BE IT RESOLVED, that the real property component of Certificate #96-299 is revoked.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

PURCHASE AGREEMENT AMENDMENT

Motion by Councilperson Ford to authorize an amendment to the Osburn Lakes Single Family Condominium Development Agreement between the City and Woodside West, LLC for architectural guideline alterations for lots 24 through 55 and further to direct the City Attorney to draft an amendment document for execution by the Mayor and City Clerk.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

*Clerk’s Note:  The above referenced document and supporting map is on file in the City Clerk’s office.

NORTH STREET EAST OF GOULD STREET DEDICATION

Councilperson Robertson inquired about traffic control signage at the North Street/Gould Street intersection.  City Manager Guetschow reported that staff will monitor the situation.

Motion by Councilperson Owen to accept North Street East of Gould Street as public right-of-way into City of Owosso jurisdiction and control outlined by City Engineer as follows:

WHEREAS, the City of Owosso is agreeable to accepting jurisdiction of the following described North Street East of Gould Street for the purposes of a right-of-way for public street and utilities:

A Parcel Of Land Situated In The City Of Owosso, Shiawassee County, Michigan And Described As Follows, To-Wit:  Beginning at the North ¼ Corner of Section 18, T7N-R3E in Shiawassee County, Michigan, thence N 00°26’31” W along the North and South ¼ of Section 7, a distance of 50.01 feet; thence S 89°01’21” E 224.00 feet; thence S 00°26’31” E 50.01 feet; thence S 01°03’40” E 32.03 feet; thence N 88°22’28” W 224.01 feet to the North and South ¼ line of said Section 18; thence N 01°03’40” W along said North and South ¼ line to the point of beginning.

(Street Centerline description: Beginning at the North ¼ corner of Section 18, T7N-R3E in Shiawassee County, Michigan, thence east along this section line 223.26 feet to the east line of Mallard Circle.)

WHEREAS, the City’s jurisdiction of North Street East of Gould Street will include the control of the roadway, curb and gutter, sidewalks, trees, water mains, water services from the main to the shutoffs, and sanitary sewer main within the street right-of-way.

NOW, THEREFORE, BE IT RESOLVED THAT the City of Owosso, Shiawassee County, Michigan does hereby accept jurisdiction of North Street East of Gould Street as a right-of-way for public street utilities for the City of Owosso.

BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to provide the Shiawassee County Register of Deeds, the Treasurer of the State of Michigan, and the Owosso City Assessor and City Engineer with a certified copy of the resolution within thirty (30) days of its adoption.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

Clerk’s Note:  The above property description was corrected at the December 20, 2004 City Council meeting to read as printed above (corrections were made to the bolded/underlined numbers).

LEASE OF REAL PROPERTY

Motion by Councilperson Ford to receive proposed lease agreement with Shiawassee Arts Council for city-owned property described as Lots 5 and 6 and part of Lots 4 and 7 in Block 6 of Lucy L. Comstock’s Addition to the Village of Owosso according to the Plat thereof as recorded in Liber 4 of Deeds on page 639, Shiawassee County Records and file with the City Clerk until the meeting of January 3, 2005.

Motion supported by Councilperson Robertson.

City Attorney William Brown recommended that the agreement not be made retroactive.

Roll Call Vote.

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

NAYS:              None.

*Clerk’s Note:  The above referenced document and supporting map is on file in the City Clerk’s office.

PROPERTY SALE

Motion by Councilperson Owen to receive the proposal to transfer city-owned property described as North 12 feet of East 48 feet Lot 8 & North 12 feet of West 24 feet Lot 5 Subdivision of Reserve 1 of A.L. Williams Addition and file with the City Clerk until the meeting of January 3, 2005.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Paul Hood.  Letter of thanks for recognition of service.

Stephen E. Corey, Mayor – City of Corunna.  Invitation to Corunna Community Holiday Party.

Owosso Charter Township.  Request for all documentation on Chestnut Street light.

Gregg G. Guetschow, City Manager.  Annual Liquor License Inspections.

Michael T. Compeau, Police Chief.  October 2004 Police Department Report.

Owosso Historical Commission.  Minutes of Meeting of November 16, 2004.

Shiawassee Area Transportation Agency.  Minutes of Meeting of October 12, 2004.

Shiawassee District Library Board.  Minutes of Meeting of September 29, 2004.

City Manager Gregg Guetschow announced the 7:00 p.m. early start time for the next meeting for the audit presentation.

CITIZEN COMMENTS

Piper Brewer, 805 West Oliver Street,  thanked City Council for their support regarding the Shiawassee Arts Council lease proposal.

Councilperson Sumrack questioned if the City had received a response from the Department of Agriculture following the meeting regarding emerald ash borers.  City Manager Guetschow responded no.

Councilperson Ford questioned the status of the Park/Exchange Street stop sign concerns.  City Manager Guetschow reported that staff was still working on it.

AJOURNMENT

Motion by Councilperson Robertson for adjournment at 7:59 p.m., supported by Councilperson Owen and concurred in by unanimous vote.

_____________________________________

John C.M. Davis, Mayor

_____________________________________

Gail L. Schultz, City Clerk

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