PRESIDING OFFICER: MAYOR JOHN
C.M. DAVIS
OPENING PRAYER: REV. MICHAEL
MCCOY
BURTON/CARLAND
UNITED METHODIST CHURCHES
PLEDGE OF
ALLEGIANCE:
JAMES P. CAPITAN
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 with the
amendment of Consent Agenda #2 to include Site Plan public hearing and
the deletion of Item of Business #11) Executive Session. Motion
supported by Councilperson Sumrack and concurred in by unanimous vote.
APPROVE MINUTES –
REGULAR MEETING OF MAY 16, 2005
Motion by Councilperson Robertson to approve the Minutes of the Regular
Meeting of May 16, 2005 as presented with the correction of the motion
to approve the May 9, 2005 City Council minutes to read as follows: “Motion
by Councilperson Robertson to approve the Minutes of the Special Meeting
of May 9, 2005 as presented. Motion supported by Councilperson Ford and
concurred in by unanimous vote.” Motion supported by Councilperson
Horvath and concurred in by unanimous vote.
APPROVE MINUTES –
SPECIAL MEETING OF MAY 31, 2005
Motion by Mayor Pro-Tem Osika to approve the Minutes of the Special
Meeting of May 31, 2005 as presented. Motion supported by Councilperson
Ford and concurred in by unanimous vote.
MAYOR DAVIS READ THE
RULES FOR ADDRESSING THE CITY COUNCIL.
CITIZEN COMMENTS
Daniel Bennett,
614 ½ North Hickory
Street, President and Owner of THE HUB at 110 North Saginaw Street,
addressed City Council regarding concerns with a Cease and Desist Order.
Brenda Bennett,
614 ½ North Hickory
Street, encouraged City Council to reverse the Cease and Desist Order
against The HUB and verbally petitioned the City Council to allow The
HUB to continue operations.
Douglas Rowden,
1250 Jackson Drive,
addressed the City Council regarding the lack of a street sign for
Jackson Drive. He also commented that he was told by Charter
Communications that his property was not cable accessible.
Ed Urban,
601 Glenwood Avenue,
commented regarding the May 31st meeting and inquired if the
community could attend and speak. Mayor Davis responded to Mr. Urban’s
comments.
City Manager Gregg Guetschow asked City Engineer Ronald Baker
about cable access to residents of
Osburn Lakes. Mr.
Guetschow advised Mr. Rowden that cable access was part of the
subdivision development agreement. Mr. Baker reported that the street
signs have been ordered.
Mr. Guetschow responded to Mr. Bennett’s concerns. He
advised Mr. Bennett that he should contact Building Official John Archer
and that appeals are available to him.
CONSENT AGENDA
Motion by Councilperson Ford to approve the Consent Agenda as follows:
Conduct First
Reading and Set Public Hearing-Rezoning Request
The First Reading on the proposed Ordinance Amendment was held.
A
Public Hearing was scheduled for June 20, 2005 to receive citizen
comment regarding the proposed amendment to Section 38-27, Chapter 38,
Article II, District Boundaries, of the Code of the City of
Owosso, as follows:
AN
ORDINANCE TO AMEND SECTION 38-27 OF CHAPTER 38 OF THE CODE OF ORDINANCES
OF THE CITY OF
OWOSSO, MICHIGAN.
THE CITY OF OWOSSO
ORDAINS:
SECTION 1. That Section 38-27 of Chapter 38 of Article II of
the Owosso City
Code, District Boundaries, is hereby amended by changing the
designation of the following lots and parcels of land designated in a
zoning map of the City of Owosso, and referred to in said Section and
made a part thereof, which said lots and parcels hereby intended to be
redesignated are not described in body of said Section as in certain
zone districts; said designation being as follows:
APPLICANT: David E. Duryea, President
St. Charles Enterprises
5933 Eagles Way
Haslett, MI 48840
PROPERTY ADDRESS: 426 Clinton Street
PROPOSED REZONING: FROM: RM-2 Multiple Family
Residential District – High Rise
TO: B-1 Local Business District
PROPERTY DESCRIPTION:
LOT 13 WOODARDS SUB OF
BLK 1 A L WILLIAMS ADDN
LOT SIZE:
50’ X 150’
SECTION 2. The changes made in the zoning in the lots and
parcels of land hereinbefore described are hereby ordered to be
redesignated on said map in accordance with this Ordinance.
SECTION 3. This Ordinance shall take effect twenty (20) days
after passage.
Conduct First Reading
and Set Public Hearing-Rezoning Request and Site Plan Review
The First Reading on the proposed Ordinance Amendment was held.
A
Public Hearing was scheduled for June 20, 2005 to receive citizen
comment regarding the proposed amendment to Section 38-27, Chapter 38,
Article II, District Boundaries, of the Code of the City of
Owosso, as follows:
AN
ORDINANCE TO AMEND SECTION 38-27 OF CHAPTER 38 OF THE CODE OF ORDINANCES
OF THE CITY OF
OWOSSO, MICHIGAN.
THE CITY OF
OWOSSO ORDAINS:
SECTION 1. That Section 38-27 of Chapter 38 of Article II of
the Owosso City
Code, District Boundaries, is hereby amended by changing the
designation of the following lots and parcels of land designated in a
zoning map of the City of Owosso, and referred to in said Section and
made a part thereof, which said lots and parcels hereby intended to be
redesignated are not described in body of said Section as in certain
zone districts; said designation being as follows:
APPLICANTS: Raymond Rau and David Jelinek
PROPERTY
ADDRESSES: 1231 WEST MAIN STREET;
201 ROBBINS STREET;
208 MORRIS STREET
PROPOSED REZONING: FROM: B-1 Local Business District
R-1
Single Family District
TO: PUD
Planned Unit Development District
PROPERTY DESCRIPTION:
1231 WEST MAIN STREET:
Lots 7 & 12 & 13 (Exc S 15' Of Lot 13), Also Exc Com At Sw Cor Of Sd Lot
13, N'ly 15' Along W Ln Of Sd Lot- E'ly 60' Parallel With S Ln Of Sd Lot
13 To POB; N'ly 9.5', E'ly 105' M/L To E Ln Sd Lot 13', S'ly 14' M/L
Alng E Ln Of Sd Lot 13 To A Pt Which Is 15' N'ly Of The Se Cor Of Sd Lot
13, W'ly 105' M/L To POB. Also Exc, Beg At A Point That Is S01*27'20"W,
On W Ln Of Blk 14. 303.10' From Nw Cor Of Said Blk 14, Th S89*54'00"E,
49.26', Th S01*29'18"W, 23.09', Th S89*17'03"E, 1.60', Th S01*29'18"W,
60.99', Th N88*42'05"W, 50.81' To W Ln Of Blk 14, Th N01*27'20"E, 84.75'
To POB. Assessor's Plat No. 3. Also Lot 9 Exc W 154' Geo Thomas Add.
201 ROBBINS STREET:
A Part Of Lots 12 & 13, Blk 14, City Assessor's Plat No. 3; Beg At A
Point That Is S01*27'20"W, On W Ln Of Blk 14. 303.10' From Nw Cor Of
Said Blk 14, Th S89*54'00"E, 49.26', Th S01*29'18"W, 23.09', Th
S89*17'03"E, 1.60', Th S01*29'18"W, 60.99', Th N88*42'05"W, 50.81' To W
Ln Of Blk 14, Th N01*27'20"E, 84.75' To POB. .098 Acres M/L. Subject
To Esmt For Ingress And Egress.
208 MORRIS STREET:
W 154' Of Lot 9 Geo Thomas 3rd Add.
SECTION 2. The changes made in the zoning in the lots and
parcels of land hereinbefore described are hereby ordered to be
redesignated on said map in accordance with this Ordinance.
SECTION 3. This Ordinance shall take effect twenty (20) days
after passage.
NOTICE IS ALSO GIVEN that a Public Hearing will be held
following the above referenced Public Hearing to receive citizen comment
regarding a proposed Site Plan for the above referenced properties.
Conduct First
Reading and Set Public
Hearing
The First Reading on the proposed Ordinance Amendment was
held.
A public hearing was set for June 20, 2005 to receive citizen
comment regarding the proposed repeal of Chapter 2, Administration,
Article VI, Finance, Division 2, Budget Stabilization Fund,
of the Code of Ordinances of the City of
Owosso, Michigan, as
follows:
AN ORDINANCE TO REPEAL CHAPTER 2, ADMINISTRATION,
ARTICLE VI, FINANCE, DIVISION 2, BUDGET STABILIZATION FUND,
OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.
THE CITY OF
OWOSSO ORDAINS:
Section 1.
That Division 2, Budget Stabilization Fund of Article VI,
Finance, of Chapter 2, Administration, of the
Owosso City Code shall be and the same is hereby
repealed.
Section 2.
This ordinance shall take effect 20 days following its passage.
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.
Bid Award.
Accepted low bid from
Owosso Dry Cleaners for dry cleaning of the Police/Fire
Department pants, shirts and linens in the following amounts:
pants-approximately 150 per month at $1.90 each, shirts–approximately
150 per month at $1.50 each, and linens–approximately 250 lbs. at no
additional charge for the fiscal year July 1, 2005 through June 30,
2006.
Bid Award. Accepted low bid from Constine, Incorporated for 22A
Gravel at $5.48 per ton for the fiscal year of
July 1, 2005 through
June 30, 2006.
Bid Award. Accepted low bid from Constine, Incorporated for Class II
Backfill Sand at $2.78 per ton for the fiscal year of
July 1, 2005 through
June 30, 2006.
Bid Award. Accepted low bid from Shults Equipment for two dump boxes
and hoists in the amount of $9,905.00 each.
Bid Award. Accepted bid from Bandit Industries for a new brush
chipper in the amount of $23,093.75.
Contract Payment.
Authorized Final Payment to Trust Thermal Abatement in the amount of
$1,330.00 for work completed on the Hotel Demolition Project.
Contract Payment.
Authorized Final Payment to Sascon, Inc. in the amount of $7,292.50 for
work completed on the Elevator Installation Project at 104-108 North
Washington Street (to be reimbursed by the State of Michigan Community
Development Block Grant to the City).
Payment Authorization. Authorized payment to SC & N Contractors for emergency
demolition at the Vaungarde fire site in the amount of $7,750.00.
Boards and Commissions
Appointment. Approved mayoral appointment of Tracy Butcher to the
Owosso Planning Commission for a term expiring
June 30, 2006 (filling
vacancy created by the resignation of Samantha Stechschulte).
Motion supported by
Mayor Pro-Tem Osika.
Roll Call Vote.
AYES:
Mayor Pro-Tem Osika, Councilpersons Robertson, Horvath, Ford, Sumrack,
Owen, and Mayor Davis.
NAYS:
None.
ITEMS OF BUSINESS
MASTER PLAN
AMENDMENT
City
Attorney William Brown reported to City Council that he had advised
Councilperson Sumrack to abstain from voting on issues related to Baker
College because of his employment with the College.
Motion by Councilperson Owen to adopt an
amendment to the City Master Plan, specifically the Parks and Recreation
Master Plan of 1996, to alter Collamer Park by
removing the
following described parcel: Part of the NE ¼ of Section 25, T7N, R2E,
beginning 664.66’ S of the N ¼ corner, thence S 40°49’31”, W 250.86’,
thence N 55°5’4” W to southerly R.O.W. line of Hwy M-52, thence
northeasterly to the Point of Beginning; and further to amend the plan
for the new roadway to provide better access to the planned camping
area, to designate an easement to the Baker College site, to improve
transportation facilities of the City, and to combine resources with an
educational institution for community improvement.
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES: Councilpersons Ford, Owen, Horvath, Mayor
Pro-Tem Osika, Councilperson Robertson, and Mayor Davis.
NAYS: None.
ABSTAIN: Councilperson Sumrack.
BAKER
COLLEGE DEVELOPMENT AGREEMENT
Motion by Councilperson Owen to approve a development
agreement between the City of
Owosso and Baker
College of Owosso relative to construction of a roadway in
Collamer
Park
and to sale of a parcel of City property as follows:
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this __________ day of _________, 2005, by and
between the City of
Owosso,
hereinafter referred to as “City” and Baker College of
Owosso, hereinafter referred to as “Baker.”
Whereas, City is the owner of the real property described in Appendix A
and is also the owner of real property known as Collamer Park; and
Whereas, Baker wishes to purchase the real property described in
Appendix A and to construct an improved roadway through Collamer Park
from M-52 to Palmer Street;
NOW, THEREFORE, it is agreed as follows:
-
City agrees to sell
to Baker for the sum of $1.00 the property described in Appendix A.
City shall provide Baker a warranty deed for the property free of
all encumbrances. The property is sold as is and City makes no
representations and offers no warranties regarding the surface or
subsurface conditions of the property.
Sale of this property shall take place in accordance with
provisions of City’s Charter.
-
Until such time as
City has deeded the property described in Appendix A to Baker, City
hereby grants Baker access to the site for the purpose of conducting
surveys, taking soil samples, and such other activities as are
reasonably related to the development of the site.
-
City hereby grants
to Baker access to
Collamer
Park for the construction of a roadway hereinafter referred to as
Collamer Park Drive. This grant of access shall permit Baker to
occupy for construction purposes an area extending from the north
boundary of Collamer Park to a line approximately 20 feet south of
the proposed south curb line of Collamer Park Drive. Areas occupied
for construction purposes shall be restored to a condition at least
comparable to the condition prior to the commencement of
construction activities.
-
Baker agrees to
construct Collamer Park Drive substantially in conformance with the
plans and specifications dated ___________ and titled ______________
and to require Michigan Department of Transportation-standard
techniques during said construction. Baker agrees to provide City
copies of any modifications to these plans and specifications and to
notify City of variations from the plans and specifications during
construction. Baker agrees to notify City of pre-construction and
progress meetings between Baker and its contractors and to have its
representatives present during said meetings. Baker agrees to permit
City to have its inspectors on site during construction activities.
Baker shall provide promptly to City copies of all materials testing
and similar reports prepared by it or for its use. City shall have
the right to conduct such other tests as its desires at its own
expense. Within 30 days following the completion of construction,
Baker shall provide City one set of Mylar drawings of Collamer Park
Drive as constructed and to provide a written centerline description
of Collamer Park Drive.
-
Baker and City
agree that upon completion of Collamer Park Drive and its acceptance
as to the suitability of construction by City Collamer Park Drive
shall be dedicated as a City street and shall be operated and
maintained by City in accordance with its customary street operation
and maintenance practices. City agrees that priority for snow
removal from and other winter maintenance activities on said roadway
shall be the same as that for snow removal from Gute Street.
-
Baker shall be
permitted to construct, and City hereby grants an easement for, a
drive intersecting with
Collamer Park Drive
to provide ingress to and egress from its property as shown on a
final site plan dated
January 6, 2005 and approved by the City of
Owosso Planning
Commission on February 28, 2005.
-
Baker agrees to
conduct its construction activities in such a manner as to retain
public access to park areas; provided, however, public access may be
limited for short durations to permit movement of equipment or
construction activities. So as to minimize disruption of park
activities, Baker agrees that its contractors shall not conduct
construction activities on Saturdays or Sundays without the express
written permission of City.
-
City agrees to
permit Baker to store equipment and materials used in the
construction of Collamer Park Drive on its own property or within
the area described in paragraph 3. Baker shall at no time utilize
any area of
Collamer
Park for the storage of equipment or materials without the express
written permission of City.
-
Baker agrees to
remove the existing entrance drive to
Collamer
Park from M-52 to its intersection with the park road. This removal
shall be in accordance with specific instructions from City
representatives with regard to the limits of entrance drive removal.
The area of removal shall be restored by the placement and grading
of topsoil and seeding. Baker shall install concrete curb and gutter
on M-52 at the former entrance to Collamer Park.
-
Baker shall obtain
all necessary permits from the Michigan Department of Transportation
for work in the right-of-way of M-52 and shall supply City copies of
such permits.
-
City shall permit
Baker to construct a sidewalk north of Collamer Park Drive between
Palmer Street and the intersection of Collamer Park Drive and the
entrance drive to its property adjacent to M-52. Said sidewalk shall
be built in accordance with plans and specifications dated
___________ and titled ___________. City representatives shall have
the same rights with regard to inspection during sidewalk
construction as is granted for roadway construction in paragraph 4
of this agreement. Upon its completion and acceptance as to the
suitability of construction by City, said sidewalk shall be a public
sidewalk. City’s and Baker’s responsibilities for liability for use
of said sidewalk and for repairs to said sidewalk shall be the same
as that between the City and other property owners regarding other
public sidewalks. Baker shall be responsible for routine maintenance
of the sidewalk including the removal of snow, ice, dirt, litter and
the like. Baker may purchase lights and install them along said
sidewalk after having received City approval for the style and
location of said lights. City shall be responsible for costs
associated with providing electricity for said lights. Baker shall
be responsible for the replacement of lights that become damaged
until the completion of the public sidewalk and its acceptance by
City at which time responsibility for replacement of damaged lights
shall be City’s.
-
City agrees to
permit Baker to install, operate and maintain an irrigation system
and install landscaping on City property north of the north curb of
Collamer Park Drive from Palmer Street to M-52 and in the Collamer
Park Drive boulevard island in accordance with plans and
specifications to be approved by City. Baker shall maintain all
plants in these areas and shall be responsible for grass and weed
control in this entire area.
-
Baker shall
indemnify, defend and hold harmless City from any and all claims
arising from any of the activities described in this development
agreement.
-
This agreement may
be amended or terminated by mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
this ___________ day of __________, 2005.
Motion supported by Mayor Pro-Tem Osika.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford,
Horvath, Robertson, Owen, and Mayor Davis.
NAYS: None.
ABSTAIN: Councilperson Sumrack.
PROPERTY
SALE
Motion by Councilperson Ford to authorize the twenty-one day
filing period with the City Clerk for the sale to Baker College of
Owosso of
property described as: PT OF NE ¼ SEC 25 T7N R2E BEG 664.66’ S OF N ¼
COR TH S 40*49’31” W 250.86’ TH N55*05’04” W TO SLY R/W LN HWY M-52 TH
NE’LY TO POB in the amount of $1.00 (One Dollar).
Motion supported by Mayor Pro-Tem Osika.
Roll Call Vote.
AYES: Councilperson Horvath, Mayor Pro-Tem
Osika, Councilpersons Ford, Owen, Robertson, and Mayor Davis.
NAYS: None.
ABSTAIN: Councilperson Sumrack.
LOT SPLIT AUTHORIZATION –
715 Martin Street
Motion by Councilperson Owen to authorize the
division of City lot under Michigan Subdivision Control Act for platted
lot described as
715 Martin Street
as follows:
Dasen, Theodore L.
715 Martin Street
050-113-008-007-00
Current Description of Entire Parcel
LOT 6, BLK 8, CITY ASSESSORS PLAT 3
New Description After Split, (Vacant Lot -
705 Martin Street)
N
87.98’ OF LOT 6, BLK 8, CITY ASSESSORS PLAT 3
New Description After Split, (Vacant Lot –
715 Martin Street)
S
205.27’ OF LOT 6, BLK 8, CITY ASSESSORS PLAT 3
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Owen,
Ford, Sumrack, Robertson, Horvath, and Mayor Davis.
NAYS: None.
PARKING LEASE PROGRAM
Motion by Councilperson Ford to authorize 2005-06 leased parking terms
for downtown parking lot spaces as follows:
PARKING LEASE FEES
(Effective July 1,
2005)
RESIDENTIAL $20
NIGHT $10
DELIVERY/LOADING $20
EMPLOYEE $15, $20,
$25 DEPENDING ON THE PARKING LOT AND WHETHER IT IS DAY OR 24 HOUR LEASE
BALL AND COMSTOCK
$15/DAY $10/NIGHT $20/24 HR $20/RESIDENT
BALL AND MASON
$25/DAY $10/NIGHT $25/24 HR $20/RESIDENT
BALL, WATER AND
EXCHANGE
$25/DAY $10/NIGHT $25/24 HR $20/RESIDENT
$20/LOADING
PARK AND EXCHANGE
$15/DAY $10/NIGHT $20/24 HR $20/RESIDENT
PARK AND MAIN
$15/DAY $10/NIGHT $20/24 HR $20/LOADING
$20/RESIDENT
WESTOWN
$15/DAY $10/NIGHT $20/24 HR
Motion supported by Councilperson Owen.
Roll Call Vote.
AYES:
Councilpersons Owen, Sumrack, Horvath, Mayor Pro-Tem Osika,
Councilpersons Ford, Robertson, and Mayor Davis.
NAYS:
None.
YMCA VOLLEYBALL COURT
AGREEMENT
Motion by Councilperson Owen to authorize the Mayor and City Clerk to
execute agreement to permit and authorize the Shiawassee Area YMCA to
use two volleyball courts in
Collamer
Park
for summer volleyball league as follows:
YMCA VOLLEYBALL COURT
AGREEMENT
This Agreement is made the 6th day of June, 2005, between
the City of Owosso, a Michigan municipal corporation, hereinafter
referred to as "City" and the Shiawassee Family YMCA , a Michigan
non-profit corporation, hereinafter referred to as "YMCA". It is agreed
as follows:
1.
City does hereby permit and authorize YMCA to use two
volleyball courts presently constructed in
Collamer Park for the purpose of conducting a summer volleyball league
during the period of
June 13, 2005 through
August 8, 2005.
2.
YMCA shall conduct such league on Mondays between the
hours of
6:00 p.m.
and
10:00 p.m. YMCA shall provide City with a
schedule of league play and any revised schedules developed during the
term of this agreement. YMCA shall not be required to notify City of
individual games rescheduled due to inclement weather or for other
reasons.
3.
YMCA agrees to pay City an amount equal to one dollar
($1.00) for each registered volleyball league participant. This sum
shall be paid on or before
September 30, 2005.
4.
City agrees to maintain the volleyball courts in a
condition suitable for play, including providing nets. YMCA shall
notify City of any conditions at the courts which render the courts
unsuitable for play.
5.
YMCA agrees to reimburse City for any damage to the
courts, including nets and posts, which arises out of actions on the
part of league participants which are reckless, careless, or which
otherwise are intended to damage the courts and associated facilities.
6.
YMCA agrees that it shall defend, indemnify, and hold City
harmless from any claim, loss, expense or damage to any person or
property in or upon the volleyball courts and adjacent areas of Collamer
Park arising out of the YMCA's and its league participants' use or
occupancy of the volleyball courts, or any act or neglect of YMCA or its
servants, employees or agents, or any change, alteration or improvement
in the premises made by the YMCA.
7.
YMCA shall not make permanent improvements or construct or
install any structures on the premises without prior written approval of
the City. In the event such permanent improvements or structures shall
be installed, they shall become part of the premises and remain thereon
at the termination of the agreement.
IN
WITNESS WHEREOF, the parties hereto have set their hands and seals that
day and year first above written.
Motion supported by Councilperson Sumrack.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Sumrack, Horvath,
Robertson, Ford, Owen, and Mayor Davis.
NAYS: None.
OLIVER STREET BRIDGE
RESOLUTION
Motion by Councilperson Robertson to adopt the following resolution:
Whereas, the Oliver Street Bridge over the
Shiawassee River was
constructed in 1953 and serves as the vital link in the efficient
movement of traffic from the east side of the River to the west, and
Whereas, the Oliver Street Bridge provides: a convenient
route to the downtown area for the 630 families in the city and hundreds
of families outside the city, the quickest route to the Memorial Health
Care facility from the west side of
Owosso
for ambulances when seconds are critical in life saving situations, and
the shortest and quickest route to the west side of
Owosso for Fire and Police emergencies, and
Whereas, the Bridge carries 9,200 vehicles a day, making it
one of the busiest streets in
Owosso, and
Whereas, the Bridge deck and beams have deteriorated to the point that
replacement will be needed in the next five years to keep it safe for
the traveling public, and
Whereas, The Michigan Department of Transportation, in conjunction with
the Federal Highway Administration, has established the Local Bridge
Program to evaluate and rank bridge applications, and
Whereas, the State and Federal Governments will pay for 95% of the
construction costs to rehabilitate the
Oliver
Street
Bridge
with the City of Owosso paying 5% of the construction costs, the
Preliminary Engineering costs and the Construction Engineering costs.
Now, Therefore, Be It Resolved that the Owosso City Council is in favor
of rehabilitating the Oliver Street Bridge and will commit the local
funds to pay the City’s share of the construction and engineering costs
to restore this important bridge to like new condition.
Be
It Further Resolved that the
Owosso City Council gives its full support to the Local Bridge
Program Funding Application.
Motion supported by Councilperson Owen.
Roll Call Vote.
AYES:
Councilperson Robertson, Mayor Pro-Tem Osika, Councilpersons Ford,
Horvath, Owen, Sumrack, and Mayor Davis.
NAYS: None.
CONSUMERS ENERGY
GENERATOR PROJECT AGREEMENT
Motion by Mayor Pro-Tem Osika to authorize a Professional Services
Agreement with Consumers Energy for project management services for the
purchase and installation of emergency back-up generators for the water
and wastewater pumping facilities in an amount not to exceed 8% of the
total cost.
Motion supported by Councilperson Ford.
Roll
Call Vote.
AYES: Councilpersons Horvath, Ford, Mayor
Pro-Tem Osika, Councilpersons Robertson, Sumrack, Owen, and Mayor Davis.
NAYS: None.
*Clerk’s Note: Due to the typeset of the above referenced agreement it
is not included as part of these minutes. The original document will be
kept on file in the City Clerk’s Office.
PURCHASE
AGREEMENT
Councilperson Owen inquired as to which fund the money would come from.
City Manager Gregg Guetschow responded “General Fund”.
Motion by
Mayor Pro-Tem Osika to authorize an agreement to purchase Lots 2, 3, 4,
5, and 6 of Block 33 of the ML Stewart and Company’s 2nd
addition to the City of
Owosso, Shiawassee County, Michigan (Spiegal Street
property) from Irene Tinklepaugh in the amount of $30,000.00 and to
further authorize
Gary M. Burk, Utilities Director; John C.M. Davis,
Mayor;
Gregg G. Guetschow, City Manager; and Gail L. Schultz, City
Clerk to execute appropriate documents.
Motion
supported by Councilperson Ford.
Roll Call
Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Horvath, Sumrack,
Ford, Robertson, and Mayor Davis.
NAYS: Councilperson Owen.
*Clerk’s Note: Due
to the inclusion of a map with the Purchase Agreement, the Purchase
Agreement language is not included as part of these minutes. The
original document will be kept on file in the City Clerk’s Office.
DISCUSSION-SHIAWASSEE
AREA TRANSPORTATION AUTHORITY
Councilperson Owen
commented regarding the proposed Agreement. There was council
discussion regarding the core service area, other entities contracting
service, millage questions on November ballot, and the number of
representatives on the Board.
Motion by
Councilperson Ford to approve the proposed Shiawassee Area
Transportation Authority Agreement as follows:
SHIAWASSEE AREA
TRANSPORTATION AUTHORITY
AGREEMENT
This
Agreement, to establish a Shiawassee Area Transportation Authority
(SATA), is entered into as of the 1st day of September 2005,
the (“Effective Date of the Agreement”), by and between the Township of
Caledonia, hereinafter referred to as the (“Township”) and the City of
Corunna (“Corunna”), and the City of Owosso, (“Owosso”), collectively
hereinafter referred to as the (“Cities”), pursuant to Public Act 196
(“Public Transportation Authority Act”).
PREMISES
The
Township and the Cities (the “Parties”), each desire to establish a mid
county transportation authority pursuant to the Act in order to provide
adequate and improved transportation services to the area described on
Exhibit A attached hereto and made a part hereof. The governing bodies
of each of the Parties have determined that it is in the best interests
of the residents of their respective communities to provide
transportation services by establishing a transportation authority. The
bodies have approved the establishment of a transportation authority
under this Agreement.
Therefore, in consideration of the premises and other mutual obligations
and promises, the parties agree as follows:
1. The Parties hereby establish as of the Effective Date of the
Agreement a mid county transportation authority pursuant to the Act, to
be known as the “Shiawassee Area Transportation Authority” (SATA) having
all of the powers granted to transportation authorities.
2. The territory of the Parties included within the
transportation authority shall be as described Exhibit A.
3. SATA shall be governed by a board (the “BOARD”) which shall
consist of seven voting members and one non-voting member to be
appointed to the Board as described below:
The City
of Owosso shall appoint three members of the Board. Of the three
members initially appointed by the City of Owosso, 1 shall serve for a
term ending September 30, 2006, 1 shall serve for a term ending
September 30, 2007, and the remaining member appointed by the City of
Owosso shall serve for a term ending September 30, 2008.
The
Township of Caledonia shall appoint two members of the Board. Of the
two members initially appointed by the Township, 1 shall serve a term
ending September 30, 2006 and the other shall serve for a term ending
September 30, 2007.
The City
of Corunna shall appoint one member of the Board for an initial term
ending September 30, 2006. Thereafter, each member appointed shall
serve for a term of 3 years.
The
Cities, Townships, and Agencies who have a service contract with SATA
will submit nominations of member candidates to the Board for selection
of one member. This member shall have an initial term beginning October
1, 2005 ending September 30, 2007. Thereafter the Board shall appoint
the member for a term of 3 years.
The
Shiawassee Regional Education Service District shall appoint one
non-voting member of the Board for an initial term ending September 30,
2006. Thereafter, the number shall be appointed for a term of 3 years.
The right of appointment of a non-voting member to the Board shall
terminate if the dollar value of is “in-kind” contributions drops below
$40,000 and/or the current shared ownership of the Transportation Center
Facility is terminated.
Vacancies shall arise in the event of the removal, resignation, death or
imprisonment of a member, in the event a member has moved outside the
municipality that appointed the member, or has been declared by a court
of law to be mentally incompetent. In the event of a vacancy, the Party
that appointed the member whose position has become vacant shall appoint
a replacement therefore within 4 months of the vacancy. In the event no
such replacement shall have been appointed by the appropriate Party at
the end of such 4-month period, the Board shall have the power to
appoint such replacement, whose term shall extend to the end of the term
of the former member of the Board; provided, that such replacement shall
be a resident of the municipality that appointed the former member of
the Board.
The
members of the Board shall serve for a maximum of two consecutive terms;
however, a member may be appointed to serve on the Board again after a
period of three years.
The size
of the Board may be increased if any city or township is added to the
Authority. If a reallocation of seats is necessitated such allocation
shall be made on the basis of taxable valuation of each Party. In no
case may the seats allocated be less than a whole seat, allow more than
50% of the seats to be held by one Party, or the total number of voting
seats to exceed 9.
4. Normal business of the Board shall be conducted by a simple
majority vote of the members. On important matters of finance a member
could request the voting of shares, the number of share each represented
unit votes is to be determined by the taxable value of the represented
jurisdiction. The shares voted by the member representing the
contracted units would be based on the total value of contracted
services. The total shares to be voted are 100.
5. Except during the period commencing the Effective Date of
this Agreement and ending January 1 following approval by the electors
of an Authority millage (the “Interim Period”), funds necessary for the
operation of the Authority shall be derived from an Authority millage
authorized to be levied upon all taxpayers of the District.
6. The Authority shall be supported by an Authority wide millage
in addition to available federal, state and local, grants and
contributions, user fares, and contracted services funds. The millage
request to be placed on the ballot is at the sole discretion of the
Board of the Authority except that a cap of .50 mil shall be
established. The .50 mill cap may be raised upon agreement of the
governing body of each of the Parties. The decision of the Board to
present a millage request to the public must be approved by a 2/3
majority vote of the Board present at the time the vote is taken.
After the initial
millage vote, all subsequent requests must be presented on the
designated November election date.
In the
event that an operation millage is not approved by January 1, 2006 this
Agreement will terminate with no further effect.
7. Upon the Effective Date of this Agreement, the SATA Agency
shall enter into a contract of lease with the Authority whereby the
Authority will make a rental payment of $1.00 annually for the real
property currently operated by the Agency. Upon the Effective Date of
this Agreement, all personal property, chooses in action, contractual
rights and other obligations, shall be transferred to the Authority by
bill of sale. The bill of sale shall provide that funds held on the
Effective Date by the Agency as fiscal agent or otherwise as
specifically designated or dedicated funds shall be transferred to the
Authority subject to the same limitations applicable to such funds when
held in the possession and under the control of the Agency.
8.
During the Interim Period, employees of the Agency shall
continue to be employees of the Agency. The Agency and the Board shall
enter into a contract for the lease of such employees by the Agency to
the Board during the Interim Period. The Board shall pay to the Agency
the costs and expenses of maintaining the current workforce for the
Authority.
Beginning the January 1 following approval by the electors of the
Authority of an Authority millage, all agency employees will become
employees of the Authority.
9. Beginning the January 1 following approval by the electors of
the Authority of an Authority millage, the Authority shall be required
to indemnify the Agency against all claims arising from or relating to
the operation by the Board of the Authority. The Board shall obtain
insurance coverage in amounts reasonably determined by the Board to be
adequate to meet such liabilities, and such insurance policies shall
name the Agency as additional insured parties.
10. The Authority may be dissolved and this Authority Agreement
may be terminated if all withdraw. Upon dissolution, the physical
assets of the Authority shall be distributed to the Parties as follows:
All remaining assets of the Authority shall be transferred to an agency
of agencies providing similar services in Shiawassee County, subject to
the approval by Michigan Department of Transportation.
11. Any party may withdraw from the Authority subject to the
following conditions:
·
No
party may adopt a resolution authorizing its withdrawal prior to 1 year
from the Effective Date of this Agreement.
·
Not
less than two (2) months before the next regularly scheduled election of
a Party, the governing body of the Party withdrawing shall adopt a
resolution to withdraw from the Authority on a date specified in the
resolution, which shall be a date not less than the later of six (6)
months following the next regularly scheduled election of the Party or
two years from the Effective Date of this Agreement.
·
Notice
of an election on the resolution shall be published in a newspaper
published or of general circulation in the jurisdiction of the Party not
less than ten (10) days before the next regularly scheduled election of
the Party following adoption of the resolution.
·
The
resolution is approved by a majority of the electors of the Party voting
on the resolution at the next regularly scheduled election of the Party.
·
After
approval of the resolution by the electors, the Clerk or Secretary of
the Party shall file a copy of the official canvass statement and a
certified copy of the resolution with the Authority and with the Board
in sufficient numbers for distribution to the governing bodies of each
of the other Parties.
·
The
Party withdrawing shall have made payment or provision for payment to
the Authority or it creditors of all obligations of the Party.
·
The
governing body of the Party withdrawing shall furnish to the Authority a
plan for continuing, after the Party no longer receives Authority
services from the Authority, Authority services for all residents of the
jurisdiction of the Party.
·
In the
event of a withdrawal of any of the Parties to the Agreement, the
remaining Parties to the Agreement shall meet 30 days after the
withdrawal to determine how the Authority shall be restructured.
In the event the
withdrawal of any Party would cause the dissolution of the Authority,
such withdrawal and dissolution shall be subject to the requirements
specified in Section 10 of this Agreement.
12. Any city,
village, township or county (a “Municipality”) may become a party to
this Authority Agreement according to the provision of Public Act 196 of
Public Acts of 1986, of Michigan.
13. In the
event of failure by any of the Parties to perform its obligations under
this Authority Agreement, the other Parties, and each of them
separately, shall have the power to seek such remedies as shall be
available to them at law or in equity, including actions for mandamus.
14. This
Authority Agreement may be amended in writing upon the consent of the
governing bodies of each of the Parties.
15. This
Authority Agreement shall be governed by and construed in accordance
with the laws of the State of Michigan.
16. If any
clause, provision, or section of this Authority Agreement shall be ruled
invalid or unenforceable by any court of competent jurisdiction, the
invalidity or unenforceability of such clause, provision or section
shall not affect any of the remaining clauses, provision or sections.
In
WITNESS WHEREOF, the Parties have caused the Authority Agreement to be
duly executed as of the date first written above.
EXHIBIT A
The
Authority shall be comprised of all that territory which is currently
located in the jurisdictional limits of the Township of Caledonia, The
City of Corunna, and The City of Owosso.
Motion supported by
Councilperson Sumrack.
Roll Call Vote.
AYES:
Councilpersons Ford, Sumrack, Horvath, Mayor Pro-Tem Osika,
Councilpersons Owen, Robertson, and Mayor Davis.
NAYS:
None.
COMMUNICATIONS
Dick Allen, Owosso
VFW Memorial Post No. 9455.
Invitation to local business for flag rentals.
Gary M. Burk,
Utilities Director.
Water rate considerations.
Michael T. Compeau,
Public Safety Director.
April 2005 Police Department Report.
Michael T. Compeau,
Public Safety Director.
April 2005 Fire Department Report.
Downtown Development
Authority.
Minutes of Meeting of June 1, 2005.
Owosso Planning
Commission.
Minutes of Meeting of May 23, 2005.
Owosso Historical
Commission.
Minutes of Meeting of May 17, 2005.
Owosso Zoning Board of
Appeals.
Minutes of Meeting of May 17, 2005.
City Manager Gregg Guetschow commented that the May 23rd
Planning Commission minutes should read that he was excused from the
Planning Commission during the vote on the Site Plan related to the
Healthcare
Center because he serves on the Memorial Healthcare Center Board of
Directors.
Councilperson Owen inquired about the possibility of “usage” instead of
“demand charge” projections. Gary Burk, Utilities Director, responded
to Councilperson Owen’s inquiry. City Manager Guetschow asked if a
table showing the changes would be okay.
CITIZEN COMMENTS
David Pyke,
1401 North Hickory
Street, commented regarding the city paying for demolition charges
related to the Vaungarde fire.
Mr. Bennett thanked the City Council for making him welcome
and allowing him to talk about his concerns.
ADJOURNMENT
Motion by Mayor Pro-Tem Osika for adjournment at 8:08 p.m., supported by
Councilperson Sumrack and concurred in by unanimous vote.
_____________________________________ John C.M.
Davis, Mayor
_____________________________________
Gail L. Schultz, City Clerk
