City Council
Minutes
January 20, 2004 - 7:30pm
PRESIDING OFFICER:
MAYOR JOHN C.M. DAVIS
OPENING PRAYER: PASTOR CAL EMERSON - NORTHGATE WESLEYAN
CHURCH
PLEDGE OF ALLEGIANCE: COUNCILPERSON MARK D. OWEN
PRESENT: Mayor John C. M. Davis, Mayor
Pro-Tem Susan J. Osika, Councilpersons Joane E. Ford, Justin R. Horvath,
Mark D. Owen, and Linda L. Robertson.
ABSENT:
Councilpersons Mark C. Anderson.
APPROVE AGENDA
Motion by Councilperson Robertson to approve the Agenda as presented.
Motion supported by Councilperson Ford and concurred in by unanimous
vote.
APPROVE MINUTES – JANUARY 5, 2004
Motion by Councilperson Ford to approve the Minutes of the Regular
Meeting of January 5, 2004 as presented. Motion supported by Mayor
Pro-Tem Osika and concurred in by unanimous vote.
City Clerk Gail L. Schultz read the following letter from
Councilperson Mark C. Anderson resigning his Council position effective
immediately: January 19, 2004
Mayor John C.M. Davis and members of the City Council and Staff
301 W. Main St.
Owosso, MI 48867
It is with much sadness that I
announce my resignation from The Owosso City Council effective
immediately. Its has been my distinct pleasure working with each
and every one of you. Business and personal reasons are the reason
for my relocation. The last 6 years have been some of the most
rewarding years of my life. Having this opportunity to serve the
fine citizens of our community has been my pleasure. I have no
regrets in any of the decisions that I made while on the council.
I see two large issues facing this council and boards as I leave.
Number one is a fair and equitable answer to the water issue facing it
all, the second as I see it runs with it and that would be good jobs
with fair pay coming back to our area. It is imperative you
accomplish these tasks. Once again thank you all.
Sincerely,
Mark Charles Anderson
City Manager Gregg Guetschow advised City Council of Charter
requirements for filling the vacancy created by Mr. Anderson’s
resignation. Mayor Davis asked that anyone interested in filling
the vacancy to file a letter of interest with the City Clerk within ten
days and have all candidates attend the February 2, 2004. ** (Later
discussion changed the time frame for submitting the letter of
interest).
MAYOR DAVIS READ THE RULES FOR ADDRESSING THE CITY COUNCIL.
PUBLIC HEARINGS
ORDINANCE AMENDMENT-REZONING REQUEST
304-306 NORTH GOULD STREET
ORDINANCE NO. 653
Philip Hathaway, Director of Community Development, reported that the
Planning Commission had unanimously recommended the rezoning.
The public hearing was conducted to receive citizen comment regarding
the request to rezone a portion of the parcel commonly known as 304-306
North Gould Street and described as follows: S 280’ of the W 320’ of Sec
18 T7N R3E Beg 33’ E & N 0*05’ E 499.8’ of S ¼ Post Said Sec Th N 89*46’
E 817.74’ N 0*50’ E 505.92’ N 86*19’ W 818.61’ S 0*05’ W 516.85’ to POB.
Total Size: approximately 2 acres. From RM-1 Multiple Family
Residential District (low rise) to OS-1 Office Service District.
There were no citizen comments.
Whereas, the City 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:
0RDINANCE NO. 653
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
redesigned are not described in body of said Section as in certain zone
districts; said designation being as follows:
 PROPERTY ADDRESS: 304-306 North Gould Street
PROPERTY DESCRIPTION: S 280’ of the W
320’ of Sec 18 T7N R3E Beg 33’ E & N 0*05’ E 499.8’ of S ¼ Post Said Sec
Th N 89*46’ E 817.74’ N 0*50’ E 505.92’ N 86*19’ W 818.61’ S 0*05’ W
516.85’ to POB (approximately two (2) acres).
PROPOSED REZONING:
FROM: RM-1, Multiple Family Residential District (low
rise)
TO: OS-1, Office Service
District
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
February 9, 2004.
Motion supported by Councilperson Robertson.
Roll Call Vote.
AYES:
Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson and
Mayor Davis.
NAYS:
None.
STREET CLOSURE - UNDEVELOPED PORTION OF HOWARD STREET BETWEEN THE
CLOSED PORTION OF DIVISION STREET AND POND STREET (NOW NAMED HOWARD
STREET) IN BLOCKS 1 AND 2, WILLIAMS & LYONS ADDITION
The public hearing was held to receive citizen comment regarding
requested street closure of the undeveloped portion of Howard Street
between the closed portion of Division Street and Pond Street (now named
Howard Street) in Blocks 1 and 2, Williams & Lyons Addition to the City
of Owosso, Shiawassee County, Michigan.
Staff reported that the Planning Commission had unanimously
recommended for the closure. There were no citizen comments.
No action was taken by the City Council at this time.
CITIZEN COMMENTS
Terry Carriveau, 114 North Howell Street, inquired about the status
of talks with the townships about water.
Burton Fox, 216 East Oliver Street, commented regarding filling the
council vacancy and felt it would be appropriate to formally accept Mr.
Anderson’s letter of resignation.
Mayor Davis responded to Mr. Carriveau’s questions.
Mayor Davis and City Manager Guetschow responded to Mr. Fox’s
comments.
CONSENT AGENDA
Motion by Councilperson Ford to approve the Consent Agenda as
follows:
Special Assessment District No. 2004-08
WHEREAS, the City Council of the City of Owosso deems it necessary to
acquire and construct the following described improvement: Hickory
Street from Stratford Drive to North Street for street reconstruction.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The matter of
making said public improvement is hereby referred to the City Manager,
who shall prepare a report thereon, which shall include plans and
detailed estimates of the cost thereof and a description of the special
assessment district and such other pertinent information as will permit
the City Council to decide the cost, extent and necessity of the public
improvement and what proportion of the cost should be paid by the City
at large.
2. The City Manager
shall present said report to the City Council when same has been
prepared.
Special Assessment District No. 2004-08
WHEREAS, the City Council has ordered the City Manager to prepare a
report for public improvement, more particularly hereinafter described
as Hickory Street from Stratford Drive to North Street for street
reconstruction; and
WHEREAS, the City Manager prepared said report and the same has been
filed with the City Council as required by the Special Assessment
Ordinance of the City of Owosso and the Council has reviewed said
report.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The plans and
estimate of cost and the report of the City Manager for said public
improvement shall be filed in the office of the City Clerk and shall be
available for public examination.
2. The City Council
hereby determines that the Public Improvement hereinafter set forth is
necessary.
3. The City Council
hereby approves the estimate of cost of said public improvement to be
$66,000.00 and determines that $23,726.56 thereof shall be paid by
special assessment imposed on the lots and parcels of land more
particularly hereinafter set forth, which lots and parcels of land are
hereby designated to be all of the lots and parcels of land to be
benefited by said improvements and determines that $42,273.44 of the
cost thereof shall be paid by the City at large because of benefit to
the City at large.
4. The City Council
hereby determines that the portion of the cost of said public
improvement to be specially assessed shall be assessed in accordance
with the benefits to be received.
5. The City Council
shall meet at the Owosso City Hall Council Chambers on Tuesday, February
17, 2004 for the purpose of hearing all persons to be affected by the
proposed public improvement.
6. The City Clerk is
hereby directed to cause notice of the time and place of the hearing to
be published once in The Argus Press, the official newspaper of the City
of Owosso, not less than seven (7) days prior to the date of said
hearing and shall further cause notice of said hearing to be sent by
first class mail to each owner of property subject to assessment, as
indicated by the records in the City Assessor's Office as shown on the
general tax roll of the City, at least (10) full days before the time of
said hearing, said notice to be mailed to the addresses shown on said
general tax rolls of the City.
7. The notice of said
hearing to be published and mailed shall be in substantially the
following form:
NOTICE OF SPECIAL ASSESSMENT HEARING
CITY OF OWOSSO, MICHIGAN
TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY:
Hickory Street from Stratford Drive to North Street
TAKE NOTICE that the City Council intends to acquire and construct the
following described public improvement: street reconstruction.
The City Council intends to defray apart or all of the cost of the
above-described public improvement by special assessment against the
above described property.
TAKE FURTHER NOTICE that City Council has caused plans and an
estimate of the cost and report for the above described public
improvement to be prepared and made by the City Manager and the same is
on file with the City Clerk and available for public examination.
TAKE FURTHER NOTICE that the City Council will
meet at the Owosso City Hall Council Chambers, Owosso, Michigan at 7:30
o'clock p.m. on Tuesday, February 17, 2004 for the purpose of hearing
any person to be affected by the proposed public improvement.
Contract Payment. Approved Contract Payment No. 14 in the
amount of $151,387.09 to J.R. Heineman & Sons, Inc for Water
Treatment Plant Improvement Project work completed through December 31,
2003.
Warrant No. 287. Accepted Warrant No. 287 as follows:
|
Vendor |
Description |
Fund |
Amount |
|
William C. Brown, PC Attorney at Law |
Professional Services covering the period from December 9, 2003
through January 13, 2004 |
General |
$11,528.70 |
Motion supported by Councilperson Horvath.
Roll Call Vote.
AYES:
Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, and
Mayor Davis.
NAYS:
None.
ITEMS OF BUSINESS
ORDINANCE AMENDMENT-DOWNTOWN DEVELOPMENT PLAN
ORDINANCE NO. 654
Philip B. Hathaway, Director of Community Development, addressed the
City Council and reported that the informational meetings had been held
as requested by the City Council. He commented that he felt that
there was a good outcome to the meetings and a generally positive aura.
Motion by Councilperson Owen to adopt the following resolution:
DDA DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN AMENDMENTS
WHEREAS, the City Council of the City of Owosso, through the
authority prescribed in PA 197, of 1975, as amended, State of Michigan
statutes, may adopt plans and plan amendments to enact improvement
projects within the Downtown Development Authority Development Area
District, and;
WHEREAS, the City of Owosso desires the addition of four parcels to
the Development Plan and Tax Increment Financing Plan of the Owosso
Downtown Development Authority, and;
WHEREAS, public notice requirements were made to the general public,
to downtown property owners, to the taxing jurisdictions, and to 20
public posting places in the downtown at least 20 days prior but not
greater than 40 days prior to a public hearing on the matter, and
WHEREAS, other local taxing jurisdictions were encouraged to meet
with the City concerning the impact of the plan and these meetings were
conducted during the hearing notice period, and;
WHEREAS, a public hearing was conducted on December 15, 2003 to hear
public comments, and;
WHEREAS, the effort to gain appointments to the development area
citizens council resulted in an insufficient interest to serve from
downtown residents, and;
WHEREAS, the addition of the two parcels does not adversely affect
the development plan and tax increment plan for the Owosso Downtown
Development Authority, and;
WHEREAS, the Authority and Plans retain the ability to meet the
financing obligations of the sub-contract of lease terms with the City
of Owosso, and;
WHEREAS, the plan’s proposed method of financing the development plan
is feasible and the Authority has the ability to arrange the financing,
and;
WHEREAS, the tax increment financing plan amendment, the development
plan project recommendations and the boundary amendments are reasonable
and necessary to carry out the purposes of the Public Act forming
downtown development authorities, and;
WHEREAS, the development plan remains in reasonable accord with the
1969 master plan of the City, and;
WHEREAS, public services, such as fire and police protection and
utilities, are or will remain adequate to service the project area, and;
WHEREAS, the resolution below shall incorporate and adopt the
published first reading amendment to Section 11-46 of the City Code of
the City of Owosso, and;
WHEREAS, notwithstanding a set of recommendations only for zoning
amendments, no changes in zoning, streets, street levels, intersection
and utilities are affected through this amendment.
NOW THEREFORE, BE IT RESOLVED, it is the finding of the City Council
of the City of Owosso that the development plan and tax increment plans,
as proposed for amendment, continue to serve a public purpose, and;
FURTHERMORE, BE IT RESOLVED, that the adoption of this resolution
incorporates adoption of the following ordinance amendment to the Owosso
City Code, Section 11-46:
ORDINANCE NO. 654
AN ORDINANCE TO AMEND CHAPTER 11, COMMUNITY DEVELOPMENT, DIVISION 3,
DOWNTOWN DEVELOPMENT PLAN, SECTION 11-46, DEFINITIONS, OF THE CODE OF
ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.
THE CITY OF OWOSSO ORDAINS:
Section 1. That Chapter 11, Community Development, Division 3,
Downtown Development Plan, Section 11-46, Definitions, of the Code of
Ordinances of the City of Owosso, Michigan is hereby amended to read as
follows:
Section 11-46. Definitions.
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Base year assessment roll means the base year assessment roll prepared
by the city assessor in accordance with section 11-49.
Captured assessed value means the amount in any one (1) year by which
the current assessed value as finally equalized of all taxable property
in the development area exceeds the initial assessed value.
Development area means the area legally described in Exhibit G of the
development plan dated September, 1984, as amended on April 15, 2002 and
December 15, 2003, and which is hereby made a part of this division.
Development fund means the downtown development authority development
fund established pursuant to section 11-51.
Development plan means the tax increment financing and development plan
for the city dated September, 1984, as amended, and as transmitted to
the council by the downtown development authority for public hearing,
copies of which are on file in the office of the City Clerk.
Downtown development authority means the city downtown development
authority.
Initial assessed value means the most recently assessed value as finally
equalized of all the taxable property within the boundaries of the
development area on November 5, 1984.
Taxing jurisdiction shall mean each unit of government levying an ad
valorem property tax on property in the development area.
Section 2.
This Ordinance shall take effect February 9, 2004.
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.
FURTHERMORE, BE IT RESOLVED, that the following described parcels
within the City of Owosso, Shiawassee County, Michigan, to wit:
v Parcel 1: Parcel # 050-651-000-001-00
Commencing at the intersection of the Centerline of Tuscola & Saginaw
Bay Railroad Track and the East line of Washington Street, thence
Northerly 72 feet plus or minus along street line to Point of Beginning,
thence Easterly 139 feet, thence Northerly 96 feet parallel with said
street line, thence Westerly 139 feet, thence Southerly 96 feet on East
line of Washington Street to Point of Beginning (13,344 Square Feet),
all in A. L. Williams Addition.
v Parcel 2: Parcel #
050-651-000-002-00
Commencing at the intersection of the Centerline of Tuscola & Saginaw
Bay Railroad Track and the East line of Washington Street, thence
Northerly 168 feet plus or minus along street line to Point of
Beginning, thence Northerly 39 feet to Southerly bank of the Shiawassee
River, thence Easterly 144 feet, thence Southerly 39 feet parallel with
said street line, thence Westerly 142 feet plus or minus to East line of
Washington Street to Point of Beginning, all in A. L. Williams Addition.
v Parcel 3: Parcel # 050-651-012-001-00
Lots 1 through 8, Block 12 and all of Block 8, A. L. Williams
Addition, including closed streets and alleys and the South 1/2 of
closed Ball Street.
v Parcel 4: Parcel #
050-651-012-002-00
Lots 9 through 11 and the North 1/2 of Lots 15 through 18, Block 12
A. L. Williams Addition, including 20 feet of closed alley.
Be and are hereby added to the DDA Development Plan and Tax Increment
Financing Plan project area description.
Motion supported by Mayor Pro-Tem Osika.
Roll Call Vote.
AYES:
Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, Robertson, and
Mayor Davis.
NAYS:
None.
COMMUNICATIONS
Michigan Municipal League. Announcement of 2004 MML Legislative
Conference.
Gregg G. Guetschow, City Manager. Memo regarding meeting with
MML president.
Gregg G. Guetschow, City Manager. Emerald Ash Borer meeting
announcement and additional information.
John F. Archer, Building Official. December 2003 Building
Department Report.
John F. Archer, Building Official. December 2003 Code
Violations Report.
Michael T. Compeau, Police Chief. December 2003 Police
Department Report.
John L. Kenney, Fire Chief. December 2003 Fire Department Report.
Terry Carriveau, 114 North Howell Street, distributed to
Councilmembers a letter of interest in the vacant council position.
Councilperson Robertson inquired about the ash borer issue, liability
concerns, and the opportunity to recoup expenses.
City Manager Guetschow commented regarding the upcoming Michigan
Municipal League Conference.
CITIZEN COMMENTS
Daniel Zemer, 713 North Park Street, commented regarding heating
concerns at the Owosso Middle School.
Burton Fox, 216 East Oliver Street, commented regarding lack of snow
removal on the sidewalk in front of the former Chicago Title office on
West Exchange Street.
Councilperson Ford inquired about the snow removal procedures.
City Manager Guetschow responded to her questions.
There was general Council discussion regarding when and how the
letters of interest will be distributed. Council set a deadline of
12 Noon on Wednesday, January 28, 2004 for letters to be submitted to
the Owosso City Clerk. The letters will then be forwarded to City
Council as part of their information packet for the February 2, 2004
City Council meeting.
ADJOURNMENT
Motion by Councilperson Owen for adjournment at 8:01 p.m., supported
by Councilperson Robertson and concurred in by unanimous vote.
John C.M. Davis, Mayor
Gail L. Schultz, City Clerk
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