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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:
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 CERTIFICATESMotion 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 AMENDMENTMotion 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 DEDICATIONCouncilperson 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 PROPERTYMotion 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 SALEMotion 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. COMMUNICATIONSPaul 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 COMMENTSPiper 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. AJOURNMENTMotion 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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