City Council Minutes
February 17, 2004 - 7:30pm
PRESIDING OFFICER:
MAYOR PRO-TEM SUSAN J. OSIKA
OPENING PRAYER:
REV. RAY STRAWSER - FIRST BAPTIST CHURCH
PLEDGE OF ALLEGIANCE: BOY SCOUT TROOP 85,
TRINITY UNITED METHODIST CHURCH
PRESENT: Mayor Pro-Tem Susan J. Osika,
Councilpersons Joane E. Ford, Justin R. Horvath, Mark D. Owen, Linda L.
Robertson, and Charles J. Sumrack.
ABSENT: Mayor John C.
M. Davis.
APPROVE AGENDA
Motion by Councilperson Owen to approve the Agenda as presented with
the deletion of Item of Business #2 Proposed Charter Amendment-Burning.
Motion supported by Councilperson Robertson and concurred in by
unanimous vote.
APPROVE MINUTES – FEBRUARY 2, 2004
Motion by Councilperson Ford to approve the Minutes of the Regular
Meeting of February 2, 2004 as presented. Motion supported by
Councilperson Robertson and concurred in by unanimous vote.
PUBLIC HEARINGS
SPECIAL ASSESSMENT DISTRICT NO. 2004-08 North Hickory
Street
From Stratford Drive to North Street
The public hearing was conducted to receive citizen comment regarding
Resolution No. 3 for Special Assessment District No. 2004-08 for Hickory
Street from Stratford Drive to North Street for street reconstruction.
City Engineer Ronald Baker addressed the City Council regarding the
proposed project. He also commented that he could answer the
questions submitted in the two letters received at the meeting from
Larry, Sandy, and Matt Harvey, 1398 North Hickory Street; and Bryan
Fitch, 1300-1314 North Hickory Street.
The followings persons addressed the City Council regarding the
project:
David Pyke, 1401 North Hickory Street
Sandy Harvey, 1398 North Hickory Street
City Engineer Baker then responded to the questions asked in the
letters from the Harvey family and Bryan Fitch. There was general
City Council discussion regarding street closure, sidewalk installation,
sidewalk repair, cost for sidewalk installation, and the necessity for
sidewalk installation on the east side to connect to the sidewalk at
North Street because of the location of the High School.
The following preamble and resolution were offered by Councilperson
Ford and supported by Councilperson Horvath:
WHEREAS, the City Council, after due and legal notice, has met and
heard all persons to be affected by the proposed public improvement more
particularly hereinafter described; and
WHEREAS, the City Council deems it advisable and necessary to proceed
with said public improvement as more particularly hereinafter described.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby determines
to make and proceed with the following described public improvement and
to defray a part or the whole cost, as more particularly hereinafter
provided, by special assessment upon the property specially benefited:
North Hickory Street from Stratford Drive to North Street.
2. The City Council hereby approves the
plans for the aforesaid public improvement as prepared and presented by
the City Manager and determines the estimated cost of said public
improvement to be $61,200.00 and approves said estimated cost and
determines that the estimated life of said public improvement is twenty
(20) years.
3. The City Council determines that of
said total estimated cost, the sum of $23,726.56 be paid by special
assessment upon the property specially benefited, as more particularly
hereinafter described.
4. The City Council hereby designates
the following described property as the special assessment district upon
which the special assessment shall be levied: North Hickory Street from
Stratford Drive to North Street for street reconstruction.
5. The City Assessor shall prepare a
special assessment roll including all lots and parcels of land within
the special assessment district herein designated, and the Assessor
shall assess to each such lot or parcel of land such relative portion of
the whole sum to be levied against all lands in the special assessment
district as the benefit to such lot or parcel of land bears to the total
benefits to all lands in such district.
When the Assessor shall have completed the assessment roll, he shall
file the special assessment roll with the City Clerk for presentation to
the City Council.
Roll Call Vote.
AYES:
Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Pro-Tem
Osika.
NAYS:
None.
 ABSENT:
Mayor John C.M. Davis.
SPECIAL ASSESSMENT DISTRICT NO. 2004-09 Osburn Lakes
Single-Family Development Phase I
The public hearing was conducted to receive citizen comment regarding
Resolution No. 3 for Special Assessment District No. 2004-09 for Osburn
Lakes Single-Family Development Phase I infrastructure construction.
City Manager Gregg Guetschow commented regarding the uniqueness of
this project because the sale in progress to Woodside Builders.
No one addressed the City Council regarding the project.
The following preamble and resolution were offered by Councilperson
Ford and supported by Councilperson Robertson:
WHEREAS, the City Council, after due and legal notice, has met and
there being no one to be heard regarding the proposed public improvement
more particularly hereinafter described; and
WHEREAS, the City Council deems it advisable and necessary to proceed
with said public improvement as more particularly hereinafter described.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby
determines to make and proceed with the following described public
improvement and to defray a part or the whole cost, as more particularly
hereinafter provided, by special assessment upon the property specially
benefited: Osburn Lakes Single-Family Development Phase I and legally
described as: PT OF NE 1/4 OF SEC 18 & PT OF SE 1/4 OF SECTION 7,
T7N-R3E, CITY OF OWOSSO, DES AS BEG AT A PT ON N-S 1/4 LN OF SAID
SECTION 18, WHICH IS S01O03’40”W 574.96 FT FROM THE N 1/4 COR OF SAID
SEC 18; TH S89O01’21”E 870.02 FT; TH N00 O25’59”W 625.15 FT; TH
N89O01’21”W 100.03 FT; TH N00O25’59”W 383.70 FT; TH S89O12’50”E 1231.17
FT; TH S00O30’20”E 437.83 FT; TH S01O17’56”W 1098.05 FT; TH S81O30’01”W
836.77 FT; TH N90O00’00”W 167.13 FT; TH N01O03’40”E 313.94 FT; TH
N88O56’20”W 125.00 FT; TH S01O03’40”W 25.00 FT; TH N88O56’20”W 60.00 FT;
TH N01O03’40”E 44.41 FT; TH N88O56’20”W 240.00 FT; TH S01O03’40”W 35.00
FT; TH N88O56’20”W 60.00 FT; TH N01O03’40”E 25.00 FT; TH N88O56’20”W
120.00 FT; TH S01O03’40”W 450.00 FT; TH N88O56’20”W 120.00 FT; TH
S01O03’40”W 48.46 FT; TH N88O56’20”W 60.00 FT; TH N01O03’40”E 25.00 FT;
TH N88O56’20”W 205.00 FT TO SAID N-S 1/4 LN OF SEC 18; TH N01O03’40”E,
ALONG SAID N-S 1/4 LN, 812.36 FT TO POB. (52.72 AC M/L) SUBJ
TO RD ROW & ANY REC OR UNREC ESMT OF BENEFIT OR BURDEN.
2. The City Council hereby
approves the plans for the aforesaid public improvement as prepared and
presented by the City Manager and determines the estimated cost of said
public improvement to be $775,000.00 and approves said estimated cost
and determines that the estimated life of said public improvement is
twenty (20) years.
3. The City Council determines
that of said total estimated cost, the sum of $775,000.00 be paid by
special assessment upon the property specially benefited, as more
particularly hereinafter described.
4. The City Council hereby
designates the following described property as the special assessment
district upon which the special assessment shall be levied: Osburn Lakes
Single-Family Development Phase I (as legally described in #1 above) for
infrastructure development.
5. The City Assessor shall
prepare a special assessment roll including all lots and parcels of land
within the special assessment district herein designated, and the
Assessor shall assess to each such lot or parcel of land such relative
portion of the whole sum to be levied against all lands in the special
assessment district as the benefit to such lot or parcel of land bears
to the total benefits to all lands in such district.
When the Assessor shall have completed the assessment roll, he shall
file the special assessment roll with the City Clerk for presentation to
the City Council.
Roll Call Vote.
AYES:
Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Pro-Tem
Osika.
NAYS:
None.
ABSENT: Mayor
John C.M. Davis.
CITIZEN COMMENTS
Mayor Pro-Tem Osika read the rules for addressing the City Council.
Bob Dumond, 401 North Cedar Street, commented regarding his neighbors
and burning pits.
Commissioner Henrietta Sparkes announced that Margaret McAvoy had
been selected as County Coordinator.
Eddie Urban, 601 Glenwood Avenue, commented regarding his concerns
with the policy of Owosso School systems about child abduction
situations.
Councilperson Horvath publicly commended the Board of Commissioners
for selecting Margaret McAvoy as the County Coordinator.
Councilperson Sumrack commented that she was a good choice.
City Manager Guetschow answered Mr. Dumond’s questions regarding
recreational versus bonfire differences.
CONSENT AGENDA
Motion by Councilperson Robertson to approve the Consent Agenda as
follows:
Special Assessment District No. 2004-06
Walnut Street from South Street to Francis Street
Authorized Resolution No. 4 and set a public hearing for March 15,
2004 to receive citizen comment regarding Special Assessment District
No. 2004-06 for Walnut Street from South Street to Francis Street for
street reconstruction as follows:
WHEREAS, the Assessor has prepared a special assessment roll for the
purpose of specially assessing that portion of the cost of the public
improvements 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 Monday,
March 15, 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.
4. 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
CITY OF OWOSSO
COUNTY OF SHIAWASSEE, MICHIGAN
TO THE OWNERS OF THE OF THE FOLLOWING DESCRIBED PROPERTY:
Walnut Street from South Street to Francis Street
TAKE NOTICE that a Special Assessment roll has been prepared for the
purpose of defraying the Special Assessment district’s share of the cost
of the following described public improvements: Street
Reconstruction.
The said Special Assessment roll is on file for public examination
with the City Clerk and any objections to said Special Assessment roll
must be filed in writing with the City Clerk prior to the close of the
hearing to review said Special Assessment roll.
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 7:30pm on Monday, March 15, 2004 for the
purpose of reviewing said special assessment roll and for the purpose of
considering all objections to said roll submitted in writing.
Special Assessment District No. 2004-08 North
Hickory Street
From Stratford Drive to North Street
Authorized Resolution No. 4 and set a public hearing for March 15,
2004 to receive citizen comment regarding Special Assessment District
No. 2004-08, for North Hickory Street from Stratford Drive to North
Street for street reconstruction as follows:
WHEREAS, the Assessor has prepared a special assessment roll for the
purpose of specially assessing that portion of the cost of the public
improvements 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:
5. Said special assessment roll
is hereby accepted and shall be filed in the office of the City Clerk
for public examination.
6. The Council shall meet at the
Owosso City Hall, Owosso, Michigan at 7:30pm, on Monday, March 15, 2004
for the purpose of hearing all persons interested in said special
assessment roll and reviewing the same.
7. 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.
8. 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
CITY OF OWOSSO
COUNTY OF SHIAWASSEE, MICHIGAN
TO THE OWNERS OF THE OF THE FOLLOWING DESCRIBED PROPERTY:
North Hickory Street from Stratford Drive to North Street
TAKE NOTICE that a Special Assessment roll has been prepared for the
purpose of defraying the Special Assessment district’s share of the cost
of the following described public improvements: Street
Reconstruction.
The said Special Assessment roll is on file for public examination
with the City Clerk and any objections to said Special Assessment roll
must be filed in writing with the City Clerk prior to the close of the
hearing to review said Special Assessment roll.
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 7:30pm on Monday,
March 15, 2004 for the purpose of reviewing said special assessment roll
and for the purpose of considering all objections to said roll submitted
in writing.
Bid Award. Accepted low bid from Constine Inc. for the 2004
Street Program in the amount of $306,329.25.
Bid Award. Accepted low bid from Spartan Asphalt for
installation of Hot Mixed Asphalt in the Osburn Lakes Subdivision in the
amount of $81,960.00.
Bid Award. Accepted low bid from Front Line Services, Inc. for
fire hose replacement in the amount of $6,874.00.
Contract Payment. Approved Contract Payment No. 15 in the
amount of $122,357.90 to J.R. Heineman & Sons, Inc .for work
performed through January 31, 2004 on the Water Treatment Plant
Improvement Project.
Payment Authorization. Authorized payment for emergency repair
of the centrifuge rotating assembly at the Wastewater Treatment Plant in
the amount of $12,407.88 plus freight.
Planning Commission Referral. Referred to Planning Commission
the request of Michigan State Trust for Railway Preservation, Inc. to
rezone the parcel at 405 South Washington Street from I-1 Light
Industrial District to B-4 General Business District.
Warrant No. 290. Accepted Warrant No. 290 as follows:
|
Vendor |
Description |
Fund |
Amount |
|
Michigan Municipal League Worker’s Compensation Fund |
Worker’s Compensation Insurance |
General |
$15,051.00 |
|
William C. Brown, PC Attorney at Law |
Professional Services covering the period from January 14, 2004
through February 10, 2004 |
General |
$8,156.20 |
|
Johnson Controls |
Planned Service Agreement covering the period from February 1, 2004
through July 31, 2004 |
General |
$9,550.50 |
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES:
Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Pro-Tem
Osika.
NAYS:
None.
ABSENT: Mayor
John C.M. Davis.
ITEMS OF BUSINESS
LOT SPLIT AUTHORIZATION – 312 NORTH CEDAR STREET
Motion by Councilperson Owen to authorize the division of a City lot
under Michigan Subdivision Control Act for platted lot at 312 North
Cedar Street and legally described as follows:
Current:
050-660-006-011-00
312 North Cedar Street
N 132’ of S 198’ of Lot 3, Block 6, AL & BO Williams Add
New Description after Split:
312 North Cedar Street
N 66’ of S 198’ of Lot 3, Block 6, AL & BO Williams Add
New Description after Split:
Vacant Lot
N 66’ of S 132’ of Lot 3, Block 6, AL & BO Williams Add
Motion supported by Councilperson Sumrack.
Roll Call Vote.
AYES:
Councilpersons Ford, Horvath, Owen, Robertson, Sumrack and Mayor Pro-Tem
Osika.
NAYS:
None.
ABSENT: Mayor
John C.M. Davis.
COMMUNICATIONS
John F. Archer, Building Official. January 2004 Building
Department Report.
John F. Archer, Building Official. January 2004 Code Violations
Report.
Michael T. Compeau, Police Chief. January 2004 Police
Department Report.
John L. Kenney, Fire Chief. January 2004 Fire Department
Report.
Downtown Development Authority. Minutes of Meeting of February
4, 2004.
Shiawassee District Library Board.
Minutes of Annual Meeting December 3, 2003.
Shiawassee Area Transportation Agency. Minutes of Meetings
October 14 & 21, 2003; November 18, 2003; December 9, 2003; January 13,
2004.
CITIZEN COMMENTS
Shelva Cebulski, 1243 Marion Street, inquired if citizens would have
knowledge of ballot language regarding burning before the election.
Bob Dumond, 401 North Cedar Street, commented regarding trees in the
River.
Eddie Urban, 601 Glenwood Avenue, continued his comments regarding
child abductions.
Mayor Pro-Tem Osika introduced Leadership Shiawassee student Cindy
Gulyas.
ADJOURNMENT
Motion by Councilperson Owen for adjournment at 8:14 p.m., supported
by Councilperson Robertson and concurred in by unanimous vote.
Susan J. Osika, Mayor Pro-Tem
Gail L. Schultz, City Clerk
|
