City Council Minutes

PRESIDING OFFICER:            MAYOR JOHN C.M. DAVIS
OPENING PRAYER:               PASTOR DAVID WOODBY - REDEEMER LUTHERAN CHURCH
PLEDGE OF ALLEGIANCE:    POLICE CHIEF MICHAEL T. COMPEAU

PRESENT:  Mayor John C. M. Davis, Mayor Pro-Tem Susan J. Osika, Councilpersons Joane E. Ford, Justin R. Horvath, Mark D. Owen, Linda L. Robertson, and Charles J. Sumrack.

ABSENT:                                 None.

APPROVE AGENDA   

Motion by ­­­­­­­Councilperson Robertson to approve the Agenda as presented with the addition of Items of Business #7, Permit Request.  Motion supported by Councilperson Owen and concurred in by unanimous vote.

APPROVE MINUTES – MARCH 1, 2004

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of March 1, 2004 as presented.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

Mayor Davis read the Rules for Addressing the City Council.

PROCLAMATIONS / SPECIAL PRESENTATIONS

PROCLAMATION – AMERICAN RED CROSS MONTH.  Mayor Davis read the following proclamation of the Mayor’s Office declaring the Month of March 2004 as American Red Cross Month in the City of Owosso:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
DESIGNATING THE MONTH OF MARCH 2004 AS
AMERICAN RED CROSS MONTH IN THE CITY OF OWOSSO

WHEREAS,       the American Red Cross, a humanitarian organization led by volunteers, was founded in 1881 by Clara Barton to provide humanitarian services to the United States in times of need; and

WHEREAS,       the mission of the American Red Cross is to provide relief to victims of disaster and help people prevent, prepare for and respond to emergencies; and

WHEREAS,       our local chapter, the Mid-Michigan Chapter of the American Red Cross, is the only authorized emergency communication system between local families and armed forces personnel.  In addition to disaster relief services, the Local Chapter provides rides for local veterans to VA hospitals for appointments; conducts Water Safety, First Aid, CPR and AED certification classes; conducts babysitting training classes; conducts regular blood drives throughout the County; and sponsors a mobile food pantry and a service center pantry to assist persons in our community; and

WHEREAS,       the Mayor’s Office of the City of Owosso is desirous of recognizing the American Red Cross, the Local Chapter, and the many volunteers for their exemplary work in carrying out this mission.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim the month of March 2004 as American Red Cross Month in the City of Owosso, Michigan and further encourage all citizens of this community to support and encourage the American Red Cross as it continues to carry out this vital responsibility in our Community.

Red Cross Disaster Team Members Jack Barnhart, Dale Gibelyou, Chris Gibelyou, and Ruth Pulley were in attendance to receive the Proclamation.  Captain Barnhart commented regarding their activities.

PROCLAMATION – ZONTA CLUB DAY AND 75TH ANNIVERSARY.  The following proclamation of the Mayor’s Office recognizing the Zonta Club of Owosso on the celebration of their 75th anniversary and proclaiming April 26, 2004 as Zonta Club of Owosso Day in the City of Owosso was entered into the record:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
RECOGNIZING THE ZONTA CLUB OF OWOSSO
ON THE CELEBRATION OF THEIR 75TH ANNIVERSARY
AND PROCLAIMING APRIL 26, 2004 AS ZONTA CLUB OF OWOSSO DAY
IN THE CITY OF OWOSSO, MICHIGAN

WHEREAS,       the Zonta Club of Owosso was chartered on April 26, 1929; and

WHEREAS,       the Zonta Club of Owosso is the local arm of a worldwide service organization of executives in business and the professions working together to advance the status of women; and

WHEREAS,       the Zonta Club of Owosso has been committed to the ongoing promotion and support of our community through the many worthwhile service projects they have sponsored over the past seventy-five years; and

WHEREAS,       the Zonta Club of Owosso currently provides scholarships to those who are continuing their education; adopts a family for the holidays; provides a Humanitarian Relief Fund in Shiawassee County, participates in local literacy programs; and provides mammograms for uninsured or underinsured women; and

WHEREAS,       the Zonta Club of Owosso continues to provide a positive model for our community’s service clubs.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim April 26, 2004 as Zonta Club of Owosso Day in the City of Owosso, Michigan and ask that all citizens of this community celebrate and take part in recognizing the importance of the Zonta Club of Owosso and its dedicated and caring members as they continue their theme of “Successful Executives Serving the World”.

PROCLAMATION – PARKINSON’S AWARENESS MONTH.  The following proclamation of the Mayor’s Office proclaiming April 2004 as Parkinson’s Awareness Month in the City of Owosso was entered into the record:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
PROCLAIMING APRIL 2004 AS
PARKINSON’S AWARENESS MONTH IN THE CITY OF OWOSSO

WHEREAS,       Parkinson’s disease is a chronic, progressive neurological disease; and

WHEREAS,       Parkinson’s disease affects nearly 35,000 in the State of Michigan and its prevalence continues to rise significantly with increasing age; and

WHEREAS,       a local support group, the Owosso Parkinson’s Support Group, has been meeting for nearly twenty years in an effort to provide education, support and fellowship to those affected by this frustrating disease.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim the month of April 2004 as Parkinson’s Awareness Month in the City of Owosso, Michigan and do hereby encourage all citizens of this community to acknowledge and support the Owosso Parkinson’s Support Group and their activities to inform and serve the citizens of our community because their services make a difference.

PRESENTATION – SHIAWASSEE AREA TRANSPORTATION AUTHORITY

Don Trap, representative from SATA, commented regarding the history of SATA and financial concerns and the request from SATA for additional funding for the 2005 fiscal year. He reported an estimated shortfall of $77,000 for 2005.  SATA is seeking support from the various entities in the total amount of $100,000.00.  He reported that Owosso represents 55% of ridership and is therefore asking the City for 55% of the shortfall.  Councilperson Owen asked for a copy of the financial structure.  There was discussion related to the timing of the request.  It was reported that SATA needed a response by September 1st    and that, if needed, a millage question would have to be on the August 2004 ballot.

PUBLIC HEARINGS

SPECIAL ASSESSMENT DISTRICT NO. 2004-06–  Walnut Street

from South Street to Francis Street

A public hearing was conducted to receive citizen comment regarding authorization of Resolution No. 5 for Special Assessment District No. 2004-06 for Walnut Street from South Street to Francis Street for street reconstruction.  There were no public comments.

The following preamble and resolution were offered by Councilperson Ford and supported by Mayor Pro-Tem Osika:

WHEREAS, the City Council has met, after due and legal notice, and reviewed the special assessment roll prepared for the purpose of defraying the special assessment district’s share of the following described public improvement:

Walnut Street from South Street to Francis Street
Street Reconstruction
and 

WHEREAS, after hearing all persons interested therein and after carefully reviewing said special assessment roll the Council deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon results in the special assessment being in accordance with the benefits to be derived by the parcel of land assessed.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.      Said special assessment roll as prepared by the City Assessor in the amount of $21,120.00 is hereby confirmed and shall be known as Special Assessment Roll No. 2004-06.

2.      Said special assessment roll shall be divided into ten (10) equal annual installments, the first of which shall be due and payable on September 1, 2004, and the subsequent installments shall be due on September 1st of each and every year thereafter.

3.      The installments of the special assessment rolls shall bear interest at the rate of 8% per annum; provided, however, if the bonds are issued in anticipation of said special assessments, then such unpaid special assessment shall bear interest at a rate of interest equal to 1% above the average rate of interest borne by said bonds.  Such interest shall commence on September 1, 2004 and shall be paid annually on each installment due date.

4.      Said special assessment roll shall be placed on file in the office of the City Clerk who shall attach his warrant to a certified copy thereof within ten (10) days commanding the Assessor to spread the various sums shown thereon as directed by the City Council.

Roll Call Vote.

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

NAYS:              None.

SPECIAL ASSESSMENT DISTRICT NO. 2004-08– North Hickory Street

                                                                                    From Stratford Drive to North Street

A public hearing was conducted to receive citizen comment regarding authorization of Resolution No. 5 for Special Assessment District No. 2004-08 for North Hickory Street from Stratford Drive to North Street for street reconstruction.

The following persons addressed the City Council regarding the project:

Sandy Harvey, 1398 North Hickory Street, submitted the following letter for the record:

MARCH 15, 2004
CITY OF OWOSSO ENGINEER - RON BAKER
AND OWOSSO CITY COUNCIL
TO MR. BAKER AND OWOSSO CITY COUNCIL:

            REGARDING THE NEW EXTENSION OF SIDEWALK PROPOSED TO BE CONSTRUCTED ON THE EAST SIDE OF NORTH HICKORY STREET. ON MARCH 15,2004 WE MET WITH RON BAKER, CITY ENGINEER TO DISCUSS THE FOLLOWING ISSUES REGARDING THE SIDEWALK.

            DUE TO THE CONTOUR OF THE LAND THE PROPOSED SIDEWALK FOR THE 1398 NORTH HICKORY STREET PROPERTY WILL ADDRESS THE FOLLOWING:

(I)    THE DRIVEWAY APPROACH WILL BE WIDENED TO THE SOUTH 8’ TO THE (JOINT), HOWEVER, AS NOT TO CREATE AN INCREASED INCLINE THE REPLACEMENT OF THE DRIVE WAY EAST FROM THE NEW PROPOSED SIDEWALK SHALL BE 19 FEET EAST OF THE SIDEWALK AND 6 INCHES THICK TO SUPPORT THE DELIVERY VEHICLES THAT ENTER ON TO THE DRIVEWAY.

(2)   FROM THE SOUTH, NEAR THE MIDDLE OF THE TWO NEW PLANTED MAPLE TREES THE GRADE OF THE LAND CONTOUR SHALL INCLUDE A RETAINING WALL MADE FROM TREATED LUMBER 6”X6”TO ACHIEVE THE PROPER HEIGHT ON THE EAST SIDE TO CREATE AN EVEN EDGE AND USING WHATEVER HEIGHT OF LUMBER DEEMED NECESSARY.

            WE UNDERSTAND THAT THE CITY ENGINEER SHALL INFORM AND ADVICE THE CONSTRUCTION OF THIS AREA WITH THE CONSIDERATIONS SO MENTIONED.

THANK YOU FOR YOUR SUPPORT IN THIS MATTER.

SINCERELY

SANDRA HARVEY

Bryan Fitch, 1300-1314 North Hickory Street, submitted the following letters for the record:

MARCH 15, 2004

RON BAKER
CITY ENGINEER
CITY OF OWOSSO

TO RON BAKER:

            PER OUR DISCUSSION ON MARCH 15, 2004, WE AGREED TO REMOVE MY 6” STORM DRAIN LINE AND REPLACE IT WITH A 12” LINE. MAKE A MANHOLE DRAIN FOR THE CHURCH ON THE EAST SIDE OF THE SIDEWALK. I HAVE NO PROBLEM WITH YOU HOOKING TO MY 6” LINE.

            SIDEWALK GRADE WOULD BE ABOUT THE SOD HEIGHT BY GAS SIGN MARKER. SINCERELY,

BRYAN FITCH

050-140-000-033-00

MARCH 15, 2004

OWOSSO CITY COUNCIL OF OWOSSO CITY

OWOSSO CITY COUNCIL:

            REGARDING THE NEW EXTENSION OF SIDE WALK PROPOSED TO BE CONSTRUCTED ON THE EAST SIDE OF NORTH HICKORY STREET. ON MARCH 15, 2004 I MET WITH CITY ENGINEER TO DISCUSS THE FOLLOWING ISSUES REGARDING THE SIDEWALK.

            THE DEVELOPMENT OF THE SIDEWALK EXTENSION ON THE EAST SIDE OF NORTH HICKORY STREET WILL CREATE INCREASED LIABILITY ON MY PROPERTY.

            PER ADVICE OF MY INSURANCE COMPANY I AM PUTTING THE CITY OF OWOSSO ON

NOTICE THAT THE CITY OF OWOSSO WILL BE LIABLE FOR ANY INJURIES OF PERSONNEL NATURE OR PROPERTY DAMAGES THAT MAY OCCUR IF SOMEONE SHOULD FALL ON OR INTO THE DETENTION POND.

            THANK YOU FOR YOUR SUPPORT IN THIS MATTER.

SINCERELY,

BRYAN FITCH
1300-13 14 NORTH HICKORY STREET
050-140-000-033-00
OWOSSO, MI 48867

The City Clerk received the following letter on March 12, 2004 from the Owosso Seventh-day Adventist church board regarding the proposed project:

March 11, 2003

Owosso City Council
City Hall

To Whom It May Concern:

            I send with this letter my sincerest apologies for not sending it sooner. I have just arrived as the new Pastor of the Owosso Seventh-day Adventist church and have just recently received your letter concerning the work that is approved to be done on North Hickory. Our Board has met and these are a few questions that we have.

1.         We understand that the goal is to put in a sidewalk which will come just in front of our church. As you know we have steps that run down to the street and this work would cut through those steps. Would the city pay for the reconstruction of our steps to make them accessible for our church members?

2.         Because we already have flooding problems that we are currently working to get under control. We are concerned the sidewalk could possibly exaggerate are flooding problems? Would the City pay for a catch basin to be put in to eliminate any possibilities? The flooding that has already occurred has cost us. More money would strain us financially.

3.         We are also wondering because a sidewalk would increase our work in up keeping our church. If ice does develop because of flooding and a person slips and falls who is liable?

4.         Last is the issue concerning the front entrance to our church. Are parking lot is usually full on Saturdays and used during the week as well. We do need to continue to have access for our church functions. Are we guaranteed access while construction is taking place?

These are the questions that we had. We definitely thank the city for all their hard work to make Owosso a better and safer place. We as a church want to help our community as well and our praying for you as you have important decisions to make to that end.

Thank you for taking into concern this letter.

Sincerely,

The Owosso Seventh-day Adventist church Board

Pastor Marshall McKenzie

The following preamble and resolution were offered by Mayor Pro-Tem Osika and supported by Councilperson Ford:

WHEREAS, the City Council has met, after due and legal notice, and reviewed the special assessment roll prepared for the purpose of defraying the special assessment district’s share of the following described public improvement:

North Hickory Street from Stratford Drive to North Street
Street Reconstruction
and

WHEREAS, after hearing all persons interested therein and after carefully reviewing said special assessment roll the Council deems said special assessment roll to be fair, just and equitable and that each of the assessments contained thereon results in the special assessment being in accordance with the benefits to be derived by the parcel of land assessed.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.       Said special assessment roll as prepared by the City Assessor in the amount of $23,726.56 is hereby confirmed and shall be known as Special Assessment Roll No. 2004-08.

2.       Said special assessment roll shall be divided into ten (10) equal annual installments, the first of which shall be due and payable on September 1, 2004, and the subsequent installments shall be due on September 1st of each and every year thereafter.

3.       The installments of the special assessment rolls shall bear interest at the rate of 8% per annum; provided, however, if the bonds are issued in anticipation of said special assessments, then such unpaid special assessment shall bear interest at a rate of interest equal to 1% above the average rate of interest borne by said bonds.  Such interest shall commence on September 1, 2004 and shall be paid annually on each installment due date.

4.       Said special assessment roll shall be placed on file in the office of the City Clerk who shall attach his warrant to a certified copy thereof within ten (10) days commanding the Assessor to spread the various sums shown thereon as directed by the City Council.

Roll Call Vote.

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

NAYS:              None.

ORDINANCE AMENDMENT-REZONING REQUEST-405 South Washington Street

ORDINANCE NO. 655

Philip Hathaway, Director of Community Development, in a written report to City Council that the Planning Commission had unanimously recommended the rezoning.

The public hearing was conducted to receive citizen comment regarding request to rezone the parcel(s) commonly known as 405 South Washington Street, and described as follows: COM AT INT OF CL GTWRR TRACK E LN WASHINGTON ST TH N'LY 72' +- ALG ST LN TO POB TH E'LY 139', TH N'LY 96' PAR W/ SD ST LN, TH W'LY 139' TH S'LY 96' ON E LN WASHINGTON ST TO POB (13,344 SQ FT) A L WILLIAMS ADD TO VILLAGE OF OWOSSO from I-1 Light Industrial District to B-4 General Business District.  

Burton Fox, 216 East Oliver Street, commented that this was a “good thing” to be bring people to the City.

Whereas, the City Council, after due and legal notice, has met and having heard all interested persons, motion by Councilperson Owen that the following Ordinance be adopted:

0RDINANCE NO. 655

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:

APPLICANT:                            Michigan State Trust for Railway Preservation, Inc.

PROPERTY ADDRESS: 405 South Washington Street

PROPOSED REZONING:
FROM: I-1, Light Industrial District
TO:      B-4, General Business District

PROPERTY DESCRIPTION:      COM AT INT OF CL GTWRR TRACK E LN WASHINGTON ST TH N'LY 72' +- ALG ST LN TO POB TH E'LY 139', TH N'LY 96' PAR W/ SD ST LN, TH W'LY 139' TH S'LY 96' ON E LN WASHINGTON ST TO POB (13,344 SQ FT) A L WILLIAMS ADD TO VILLAGE OF OWOSSO.

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 April 4, 2004.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

OBSOLETE PROPERTY REHABILITATION DISTRICT-        104-108 North Washington Street

A public hearing was conducted to receive citizen comment regarding the eligibility of the property located at 104-108 North Washington Street for an Obsolete Property Rehabilitation District.  There were no public comments.

Motion by Councilperson Owen to adopt the following resolution:

Resolution Establishing An Obsolete Property Rehabilitation District

104-108 North Washington Street

Whereas, the City of Owosso, on its own initiative, desires the establishment of an Obsolete Property Rehabilitation District at 104-108 North Washington Street in downtown Owosso; and

Whereas, State of Michigan, PA 146 of 2000, provides for the creation of the District in Qualified Local Government Units with the City of Owosso established as one of Michigan’s qualified local government units; and

Whereas, the property is an eligible commercial property for use in commercial business enterprise and commercial residential property; and

Whereas, property owners in the proposed district received proper notification of a public hearing not less than 10 days or more than 30 days before the date of the hearing; and

Whereas, general standards for and a definition of “obsolete property” are provided for in State of Michigan Public Act 146 of 2000;

Now Therefore, Be it Resolved, That the City Council of the City of Owosso sets forth a finding and determination that the parcel at 104-108 North Washington Street meets the standard of “obsolete property” with respect to the more particular definition of “functional obsolescence” as provided for in State of Michigan Public Act 146 of 2000; and

Furthermore, Be it Resolved, That the City Council of the City of Owosso establishes an Obsolete Property Rehabilitation District at 104-108 North Washington Street in the City of Owosso, more particularly described as:

S 2/3 OF LOT 5 & N 1/3 OF LOT 6 (EX E 22' OF LOT 6) BLK 21 ORIGINAL PLAT OF THE CITY OF OWOSSO, SHIAWASSEE COUNTY, MICHIGAN.

Motion supported by Councilperson Horvath.

Roll Call Vote.

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

NAYS:              None.

OBSOLETE PROPERTY REHABILITATION DISTRICT-        122 North Washington Street

A public hearing was conducted to receive citizen comment regarding the eligibility of the property located at 122 North Washington Street for an Obsolete Property Rehabilitation District.  There were no public comments.

Motion by Councilperson Robertson to adopt the following resolution:

Resolution Establishing An Obsolete Property Rehabilitation District

122 North Washington Street

Whereas, the City of Owosso, on its own initiative, desires the establishment of an Obsolete Property Rehabilitation District at 122 North Washington Street in downtown Owosso; and

Whereas, State of Michigan, PA 146 of 2000, provides for the creation of the District in Qualified Local Government Units with the City of Owosso established as one of Michigan’s qualified local government units; and

Whereas, the property is an eligible commercial property for use in commercial business enterprise and commercial residential property; and

Whereas, property owners in the proposed district received proper notification of a public hearing not less than 10 days or more than 30 days before the date of the hearing; and

Whereas, general standards for and a definition of “obsolete property” are provided for in State of Michigan Public Act 146 of 2000;

Now Therefore, Be it Resolved, That the City Council of the City of Owosso sets forth a finding and determination that the parcel at 122 North Washington Street meets the standard of “obsolete property” with respect to the more particular definition of “functional obsolescence” as provided for in State of Michigan Public Act 146 of 2000; and

Furthermore, Be it Resolved, That the City Council of the City of Owosso establishes an Obsolete Property Rehabilitation District at 122 North Washington Street in the City of Owosso, more particularly described as:

THE NORTH 25 ½ FEET OF THE WEST 76 ½ FEET OF LOT 3, BLOCK 21, ORIGINAL PLAT OF THE CITY OF OWOSSO, SHIAWASSEE COUNTY, MICHIGAN.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

ALLEY CLOSURE-      Public alley adjacent to Lots 1, 2, 3, 4, 5 & 6, Block 19, A.L. Williams Addition of the City of Owosso, Shiawassee County, Michigan.  (Bounded by East Howard Street, South Saginaw Street, Corunna Avenue, and South Park Street.)

A public hearing was held to receive citizen comment regarding request to close the public alley adjacent to Lots 1, 2, 3, 4, 5 & 6, Block 19, A.L. Williams Addition of the City of Owosso, Shiawassee County, Michigan.  (Bounded by East Howard Street, South Saginaw Street, Corunna Avenue, and South Park Street.).

Staff reported in a written report to City Council that the Planning Commission had unanimously voted to recommend for the closure of the alley.

There being no one to be heard, motion by Mayor Pro-Tem Osika to adopt the following resolution:

WHEREAS, the City Council of the City of Owosso, Michigan has met at the time and place named in a resolution passed by said City Council at a meeting thereof held on March 15, 2004 and in accordance to notice thereof published by the City Clerk in The Owosso Argus Press, for the purpose of hearing and considering objections to the proposed vacation and discontinuance of the following portions of public alley in said City, and all objections of such proposed action having been heard and duly considered;

BE IT RESOLVED THAT for the benefit of the public health and welfare and safety of persons and property within the City of Owosso, County of Shiawassee, State of Michigan, be and the same is hereby vacated, discontinued and abolished, said portions of said alley being more particularly described as follows, to wit:

The public alley adjacent to Lots 1, 2, 3, 4, 5 & 6, Block 19, A.L. Williams Addition of the City of Owosso, Shiawassee County, Michigan. (Bounded by East Howard Street, South Saginaw Street, Corunna Avenue, and South Park Street.).

BE IT FURTHER RESOLVED THAT it is hereby determined that it is necessary for the health, welfare, comfort and safety of the people of the City of Owosso to discontinue the above portions of existing alley as platted.

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 Engineer and City Assessor with a certified copy of this resolution within thirty (30) days of its adoption.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION – M-21/CHESTNUT STREET

A public hearing was conducted to receive citizen comment regarding the application to the Michigan Economic Development Corporation for a grant to be used for improvements to the M-21/Chestnut Street intersection. 

The following persons addressed the City Council:

Burton Fox, 216 East Oliver Street, inquired if this project was scheduled for this construction season.

Motion by Councilperson Ford to adopt the following resolution:

CHESTNUT STREET & M-21
INTERSECTION IMPROVEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
AUTHORIZING RESOLUTION

Whereas, the City of Owosso is requesting a Community Development Block Grant in an amount not to exceed $200,000.00 from the Michigan Economic Development Corporation to help fund intersection improvements at Chestnut Street and M-21; and

Whereas, the project is consistent with the City of Owosso Community Development’s Plan as described in the application; and

Whereas, this project is required to create an easier and safer access to M-21 from Chestnut Street, allowing Davis Cartage Company to expand at their new site at 490 South Chestnut Street and to create 20 new jobs and to retain the current 109 jobs, and Midwest Bus Corporation to create an additional 20 new jobs as described in the Community Development Block Grant Application, and

Whereas, at least 51% of the beneficiaries of the proposed project would be low and moderate-income people; and

Whereas, it is understood that no project costs will be incurred prior to a formal grant award, completion of the environmental review procedures and formal, written authorization to incur costs is received from the Community Services Office of the Michigan Economic Development Corporation.

Now, Therefore, Be It Resolved that the Owosso City Council hereby authorizes this Michigan Community Development Block Grant Application in an amount not to exceed $200,000.00 and further authorizes Mayor John C.M. Davis to sign the grant application on behalf of the City of Owosso.

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

CITIZEN COMMENTS

Bryan Fitch, 1300-1314 North Hickory Street, requested a written response to his letter submitted at the February 17, 2004 Council meeting.

Councilperson Sumrack commented regarding the number of new jobs at Midwest Bus Rebuilders as it relates to the MEDC grant application.

CONSENT AGENDA

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

Set Public Hearing-Small Cities Community Development Block Grant.  Set a public hearing for April 5, 2004 to receive citizen comment regarding the application to the State of Michigan for a $60,000.00 grant to be used for a public elevator at 104-108 North Washington Street.

Contract Payment.  Approved Contract Payment No. 16 in the amount of  $35,412.00 to J.R. Heineman & Sons, Inc .for work performed through February 29, 2004 on the Water Treatment Plant Improvement Project.

Bid Award.  Accepted low bid from West Shore Inc. for purchase of twelve (12) carbon cylinders to replace steel air tanks in the amount of $7,188.00.

Bid Award.  Accepted low bid from Etna Supply Co. for purchase of plastic pipe for the Osburn Lakes Subdivision in the amount of $32,972.85.

Discharge of Mortgage. Authorized Discharge of Mortgage as it relates to 803 South Chipman Street (Milton E. McLain, Jr. and Nancy L. McLain) and further authorized the Mayor and City Clerk to execute appropriate documents.

Traffic Control Order No. 1131.  Authorized Traffic Control Order No. 1131 to change the first parking space west of the alley in front of 108 East Exchange Street to 15 minute parking from 2 hour parking.

Warrant No. 291.  Accepted Warrant No. 291 as follows:

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

BROWNFIELD REDEVELOPMENT GRANT APPLICATION – 102 South Washington Street

Motion by Councilperson Owen to adopt the following resolution to authorize an application with the Michigan Department of Environmental Quality for a “Clean Michigan Initiative – Brownfield Development Grant” in the amount of $375,000 and to further authorize the Mayor and City Clerk to execute applicable documents:

HOTEL OWOSSO ENVIRONMENTAL RESPONSE GRANT APPLICATION

WHEREAS, The Michigan Department of Environmental Quality provides grants to communities through its Brownfield Redevelopment Grant Program for environmental response activities; and

WHEREAS, environmental response activities are necessary in order to reuse the property for economic development; and

WHEREAS, the property at 102 South Washington Street, described as: The east 87.32 feet of Lots 3 & 4, except the south 20 feet of Lot 3, Block 26 of the Original Plat of the City of Owosso, Shiawassee County, Michigan, is known to be contaminated; and

WHEREAS, the proposed project will be undertaken if a grant is awarded; and

WHEREAS, the proposed economic development is consistent with local development plans and zoning ordinances;

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Owosso authorizes Philip B. Hathaway, Director of Community Development, to apply for a grant for $375,000 from the Michigan Department of Environmental Quality; and

BE IT FURTHER RESOLVED THAT Mayor John C.M. Davis and City Clerk Gail L. Schultz are authorized to enter into a grant agreement with the Michigan Department of Environmental Quality after City Council review and authorization of the terms of the agreement.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

PARKING LEASE

Motion by Councilperson Robertson to authorize leases for six parking spaces in the Park/Exchange parking lot for the apartment development at 122 North Washington Street.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

LOT SPLIT AUTHORIZATION

Motion by Councilperson Ford to authorize the division of City lot under Michigan Subdivision Control Act for platted lot described as 1215 Devonshire Court and legally described as follows:

Current Description Entire Parcel

050-320-000-114-00

OUTLOT 19 (EX E 264' & N 132' OF W 264' & S 111.14' OF W 200') JENNETT H KELLYS ADD ALSO N 1/2 ADJ VAC ALLEY ALSO EXCEPT PARCEL DEEDED TO CITY FOR STREET PUPOSES DESCRIBED AS, BEG AT PT 274.55' WESTERLY OF SE COR OF OUTLOT 19, TH W ALONG S LN OF OUTLOT 19, 64', N 106', E 64', S 106' TO POB.

New Description After Split, (1215 Devonshire Ct.-Parcel B)

050-320-000-114-00

PART OF OUTLOT 19, JENNETT H KELLYS DESC AS BEG AT A PT WH IS N88*05’16”W, 338.46 FT, FROM SE COR OUTLOT 19; TH CONT N88*05’16”W, 325.02 FT, TH N00*16’49”W, 111.09 FT, TH S88*03’42”E, 325.10FT, TH S00*14’30”E, 110.94 FT, TO POB.

Description of Split Parcel – (Parcel A)                 

PART OF OUTLOT 19, JENNETT H KELLYS ADD, DESC AS BEG AT A PT WH IS N88*05’16”W, 338.46 FT & N00*14’30”W, 106 FT FROM SE COR OUTLOT 19; TH N00*14’30”W, 4.94 FT, TH N88*03’42”W, 261.14 FT, TH N01*15’56”W, 131.70 FT TO N LN OF SAID OUTLOT 19, TH S88*03’42”E ON SAID N LN, 333.42 FT, TH S00*46’17”E, 136.66 FT, TH N88*03’42”W, 73.48 FT TO POB

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

PURCHASE AUTHORIZATION

Motion by Councilperson Owen to authorize Owosso Historical Commission and the Owosso Parks and Recreation Commission to purchase poles and banners for display in the Curwood Castle Park using monies from the brick fundraiser.

Motion supported by Councilperson Horvath.

There was City Council discussion regarding the purchase of the poles and banners without prior Council approval and the size of the poles and banners.

Motion by Councilperson Robertson to postpone consideration of this request until the April 5, 2004 Council Meeting to allow for the attendance of representatives of the Historical Commission and the Parks and Recreation Commission to answer Council questions regarding this matter.

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

PROFESSIONAL SERVICES AGREEMENT-             OSBURN LAKES

INFRASTRUCTURE CONSTRUCTION

Motion by Mayor Pro-Tem Osika to authorize Professional Services Agreement with Woodside West, LLC for $1.00 and other considerations for the construction of streets and associated infrastructure in Phase I of the Osburn Lakes Site Condominium, as follows:

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT, made the _____________ day of ________________________ , 2004 by and between Woodside West, LLC, hereinafter called the “Contractor” and the City of Owosso, Michigan, hereinafter called the “Owner”, WITNESSETH, that the Contractor and the Owner for the consideration stated herein, agree as follows:

Article 1.         Scope of the Work:  It is agreed that the Contractor shall perform all the work shown on the Plans and General Specifications, as prepared by Gould Engineering on October 10, 2003, and entitled:

            “OSBURN LAKES SITE CONDOMINIUM”

and shall do everything required by the Contract Documents being here defined to include the Agreement, Bonds, General Conditions, General Specification and Plans, Proposal Response, and any Supplements thereto agreed to by both parties.

Article 2.         The Contract Price:  It is agreed that the Owner shall pay the Contractor $1.00 and provide other consideration detailed in the purchase agreement dated January 30th, 2004 for his work in accordance with the attached Specifications which are hereby made a part of this Contract.

IN WITNESS WHEREOF, the parties hereto have their hands and seals the day and year first above written.

And further authorized the Mayor and City Clerk to execute the foregoing document.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

FIFTH MONDAY MEETING

Motion by Councilperson Robertson to set the agenda for Fifth Monday meeting on March 29, 2004 for discussion regarding amendments to the burning ordinance and other topics related to open burning.

Motion supported by Councilperson Horvath.

Roll Call Vote.

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

NAYS:              None.

PERMIT REQUEST

Motion by Councilperson Owen to approve request from Knights of Columbus to conduct their annual Tootsie Roll fundraiser on April 2-4, 2004 in downtown Owosso.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Elsie M. Yanik.  Letter regarding Walnut Street Special Assessment, second submission.

John F. Archer, Building Official.  February 2004 Building Department Report.

John F. Archer, Building Official.  February 2004 Code Violations Report.

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

John L. Kenney, Fire Chief.  February 2004 Fire Department Report.

Downtown Development Authority.  Minutes of Meeting of March 3, 2004.

Shiawassee District Library Board.  Minutes of Meeting January 21, 2004.

Shiawassee Area Transportation Agency.  Minutes of Meeting February 10, 2004.

Councilperson Robertson inquired if responses are made to communications.

CITIZEN COMMENTS

Burton Fox, 216 East Oliver Street, commented regarding the Thomas E. Dewey historical marker.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 8:49pm, supported by Councilperson Robertson and concurred in by unanimous vote.

 John C.M. Davis, Mayor

 Gail L. Schultz, City Clerk