City Council Minutes

PRESIDING OFFICER:           MAYOR JOHN C.M. DAVIS
OPENING PRAYER:              CHARLES B. KINCAID, SR. - OWOSSO WESLEYAN CHURCH
PLEDGE OF ALLEGIANCE:   THOMAS J. DAVIS, BROTHER OF MAYOR DAVIS

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 Mayor Pro-Tem Osika­­­ to approve the Agenda as presented with the addition of a special presentation by representatives of the Shiawassee Regional Chamber of Commerce regarding a grant to bring high-speed wireless Internet to the downtown.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF APRIL 19, 2004

Motion by Councilperson Ford to approve the Minutes of the Regular Meeting of April 19, 2004 as presented.  Motion supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

Mayor Davis read the Rules for Addressing the City Council.

PROCLAMATIONS / SPECIAL PRESENTATIONS

PRESENTATION OF NEW PODIUM

Mayor Pro-Tem Susan J. Osika made a formal presentation of the new podium in memory of Mayor Davis’s Father, Chester A. Davis.  Mayor Davis introduced his Mother Flora Davis and three brothers: Bill, Skip and Tom Davis.

PRESENTATION - COOL CITIES SHI-FI GRANT OPPORTUNITY

Doug Cornell and Carol Vaughn, representatives from the Shiawassee Regional Chamber of Commerce, appeared before the City Council to offer the opportunity to participate in a grant application to bring high-speed wireless Internet access to downtown neighborhoods in Shiawassee County.

City Attorney William C. Brown commented that he had a discussion with Councilperson Horvath regarding Mr. Horvath’s concern with a conflict of interest because of his employment.  Mr. Brown advised that he did not find a conflict and therefore Mr. Horvath would be voting. 

Motion by Councilperson Ford to approve a commitment of up to $7,500 for the 2005-2006 fiscal year to support the Shi-Fi Hot Spot Internet Project if a Cool Cities grant is received. 

Motion supported by Councilperson Sumrack. 

Roll Call Vote. 

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

NAYS:              None.

PUBLIC HEARING

BUDGET HEARING

The Public Hearing, pursuant to Chapter 8, Section 4 of the City Charter, was held to receive citizen comments regarding proposed 2004-05 Budget. 

The following persons addressed the City Council regarding the proposed budget in opposition to the proposed 1% administrative fee: 

Betty Coon, 1204 Palmer Street

William Owen, 1309 Herman Street

Leonard Rose, 1109 Meadow Drive (by letter dated April 27, 2004) 

Motion by Councilperson Robertson to set a special budget session to start at 7 p.m. on May 17th.

Motion supported by Councilperson Ford. 

Roll Call Vote. 

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

NAYS:              None.

CITIZEN COMMENTS

William Owen, 1309 Herman Street, commented regarding the proposed 1% administrative fee for collection of taxes.

Burton Fox, 216 East Oliver Street, commented regarding his television program.  He apologized to the Mayor for comments made about him and asked to be forgiven.  He also commented that he felt all citizens should receive answers to their questions.

Councilperson Owen commented regarding the proposed 1% administrative fee and the creation of the Department of Public Safety and the selection of the Police Chief.

Councilperson Ford commented that she felt it was the City Manager’s job to choose department heads.

CONSENT AGENDA

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

Boards and Commissions Appointment.  Accepted Mayoral Appointment of Lucille Couzynse to the District Library Board for a term expiring June 30, 2008.

Bid Award.  Accepted low bid from Cobblestone Pavers, LLC for bricks for Michigan Avenue reconstruction in the amount of $238,935.00.

Bid Award.  Pursuant to Section 2-345 (3) waived competitive bidding procedures and approved supply contract with Jones Chemical for sodium hypochlorite (liquid chlorine solution) in the amount of $0.48 per gallon.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

Mayor Davis asked the City Manager to respond to Mr. Owen’s question regarding putting the administrative fee before the voters.

ITEMS OF BUSINESS

CONTRACT AUTHORIZATION

Motion by Councilperson Robertson to authorize contract with Malcolm-Pirnie, Inc. in the amount of $5,247.00 to conduct Phase I and II Environmental Site investigation, Baseline Environmental Assessment and a Due Care Plan for the TSBY Loop Trail land acquisition.

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 PROGRAM 

Philip Hathaway, Director of Community Development, answered Council questions regarding the proposed rate structure.  He reported that the Downtown Development Authority recommends the proposal.  He reported, by memorandum, that the policy standards were: a) show preference to customer needs first, then residential tenants, and then day parkers (principally employees); b) raise the rates to redirect demand to underused lots and to help pay for the cost of the system; and c) retain the residential tenant rate at $20 per month. 

Motion by Councilperson Robertson to authorize the 2004-05 leased parking terms for downtown parking lot spaces as follows: 

a)      Lot 3:  Continue with last year’s authorization level of seventeen (17) spaces; two of which were leased and three (3) for deliveries.  Because of a waiting list of sixteen (16) day parkers, raise the lease rate from $15 per month to $25 per month for day parking. 

b)       Lot 5:  This lot has the most change recommendations.  The entire lot will be offered for leased spaces at $15/month for day parkers.  The differentiated rate is the attempt to relocate day parkers from other high demand lots.  This is an increase from twenty-eight (28) authorized spaces last year to forty-six (46) leased spaces. 

c)       Lot 6:  No change from last year – sixteen (16) spaces:  residential, delivery and day parkers.

d)       Lot 7:   Fifteen (15) leased spaces: mix of residential and day parkers.  No rates changes recommended. 

e)      Lot 2:  Fifty-six (56) authorized spaces on top of forty-four (44) available spaces on the north half of this lot.  Recommend change from $20/month for day parkers to $25/month.  Request for apartment spaces for a development at the former Sagebrush store is pending and an adjustment may be made at the next Council meeting.   

f)        All delivery spaces will be $20/month. 

Motion supported by Councilperson Horvath. 

Roll Call Vote. 

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

NAYS:              None.

REQUEST TO EXPAND CURWOOD CASTLE PARK BRICK PROGRAM 

Motion by Councilperson Ford to approve the request from the Curwood Board of Directors to place additional commemorative brickpavers in Curwood Castle Park. 

Motion supported by Councilperson Owen. 

Roll Call Vote. 

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

NAYS:              None.

SKATE PARK RULES AND REGULATIONS 

There was council discussion regarding the proposed Skate Park Regulations and the location of the skate park. 

Motion by Councilperson Ford to approve the Skate Park Rules and Regulations as follows:

CITY OF OWOSSO
SKATE PARK RULES AND REGULATIONS

AUTHORITY.  These rules are promulgated pursuant to the provisions of Section 21-1 of the Owosso code.

SKATE PARK ESTABLISHED; LOCATION.  A skate park is hereby established to be located on public property at the southwest corner of the intersection of Allendale and Wright Streets.  The establishment of the skate park does not constitute the establishment of a public park within the meaning of section 14.3 of the City Charter. 

SKATE PARK DESCRIBED.  The skate park shall consist of equipment and fixtures acquired and owned by the City of Owosso for use for recreation by skaters and bicyclists including all necessary skate surfaces, parking areas, signs and refuse facilities. 

RULES OF CONDUCT.  The following rules shall apply to the conduct of persons frequenting the skate park: 

1.      Littering, drawing graffiti or abusing the park in any way is prohibited.

2.      Roughhousing and violence are not permitted.

3.      No personal ramps or street items are allowed in the skate park.

4.      No glass containers are allowed in the skate area.

5.      Spectators must stay off ramp surfaces.

6.      Use of the skate park is limited to the hours between dawn and dusk.

NOTICE OF RULES.  Notice of rules of conduct shall be considered to have been given to all persons frequenting the skate park by posting of signs at the skate park containing the rules.

And further to work to provide safe access to the park through the bicycle path currently in the area.

Motion supported by Mayor Pro-Tem Osika. 

Roll Call Vote.

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

NAYS:              None.

FIRST READING OF ORDINANCE REGARDING PARKS AND RECREATION COMMISSION

City Manager Gregg Guetschow introduced two choices for ordinance amendment regarding the Parks and Recreation Commission.  There was general council discussion regarding the two options.

The First Reading on the proposed Ordinance Amendment was held.

Motion by Mayor Pro-Tem Osika to set a Public Hearing for May 17, 2004 to receive citizen comment regarding the proposed amendment to repeal Chapter 2, Administration, Article IV, Boards and Commissions, Division 3, Parks and Recreation Commission, of the Code of the City of Owosso, as follows:

AN ORDINANCE TO REPEAL CHAPTER 2, ADMINISTRATION, ARTICLE IV, BOARDS AND COMMISSIONS, DIVISION 3, PARKS AND RECREATION COMMISSION, OF THE CODE OF THE CITY OF OWOSSO, MICHIGAN. 

THE CITY OF OWOSSO ORDAINS: 

Section 1.  Division 3, Parks and Recreation Commission, of Article IV, Boards and Commissions, of Chapter 2, Administration, of the Code of Ordinances of the City of Owosso, Michigan shall be and the same is hereby repealed. 

Section 2.        This ordinance shall take effect twenty (20) days following its adoption by city council.

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.          

Motion supported by Councilperson Ford. 

Roll Call Vote. 

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

NAYS:                    None.

BURNING ORDINANCE

Motion by Councilperson Owen to adopt the following ordinance amendment:

AN ORDINANCE TO AMEND CHAPTER 13, FIRE PREVENTION AND PROTECTION, SECTION 13-4, OPEN FIRES, AND SECTION 13-5, OBNOXIOUS ODORS, SPARKS AND EMBERS, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN. 

THE CITY OF OWOSSO ORDAINS: 

Section 1.  That Chapter 13, Fire Prevention and Protection, Section 13-4, Open fires, and Section 13-5, Obnoxious odors, sparks and embers, of the Code of Ordinances of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows: 

Sec 13-4. Open fires. 

            Open fires are prohibited in the City of Owosso except in accordance with the following provisions:

(a) The following are definitions for the words and phrases used in this section:

(1) “Open fire” means any fire outside of a building or structure involving any type of combustible material, whether for cooking, pleasure or any other purpose, located anywhere within the City of Owosso, on public or private property. 

(2) “Outdoor cooking apparatus” means a charcoal grill, camping stove or similar apparatus designed exclusively for cooking food. 

(3) “Recreational fire” means any fire such as a campfire contained in a fire pit or portable manufactured fire container for the purpose of recreational and personal enjoyment.  

(4) “Fire Pit” means a structure with the following components:

(i)        the diameter of the pit shall not exceed three (3) feet;

(ii)       the depth of the pit shall be one (1) to two (2) feet deep; and

(iii)       the rim of the pit shall be lined with rock, concrete, brick or steel that is six (6) inches wide all around the perimeter.

(5) “Waste material” is defined as:  paper and paper products excluding diapers; clean clear unpainted unfinished untreated wood and wood products excluding particle board and similar products; and yard waste. 

(6) “Bonfire” is defined as:  an outdoor fire exceeding the size of a recreational fire and used for ceremonial purposes. 

(7) “Approved container” is defined as:  a container constructed of metal or masonry with a metal covering device with openings no larger than 3/4 inch with draft holes near the bottom no larger than 3/4 inch.

            (b) Incineration of waste material, outside of one or two family dwellings in the city, shall be permitted if done in accordance with the following provisions: 

(1) No such burning may be within twenty-five (25) feet of an existing structure or property line, nor upon the paved portion of any street.  Provided, however, in the case of a lot wherein the above dimensions cannot be met because of the small size of the lot, then the said containers shall be located in the center of the rear of the property an equal distance from the property line and any structure located thereon.

(2) No such burning shall be done prior to 7:00am, and must not be continued after 7:00pm on any day.  No burning shall be done in the city except on Tuesdays, Thursdays and Saturdays.  Burning of waste material is prohibited on Mondays, Wednesdays, Fridays, and Sundays of each week.

(3) No such burning shall be done unless under the supervision of a person of mature years and discretion and no burning shall be done where its maximum size is not controllable by such person.

(4) Incineration of all waste material except yard waste shall occur in an approved container.

            (c) Recreational fires outside of one or two family dwellings in the city shall be permitted if done in accordance with the following provisions:

(1) No recreational fire may be within twenty-five (25) feet of an existing structure or property line.  Provided, however, in the case of a lot wherein the above dimensions cannot be met because of the small size of the lot, then the said pits or containers shall be located in the center of the rear of the property an equal distance from the property line and any structure located thereon. 

(2) No such burning shall be done prior to 12:00pm, and must not be continued after 10:00pm on any day.  

(3) No recreational fires shall occur unless under the supervision of a person of mature years and discretion.

(4) Material that is acceptable to burn in a recreational fire shall be limited to clean clear unpainted unfinished and untreated wood and wood products excluding particle board and similar products, split firewood, tree limbs and charcoal.  No accelerant such as gasoline and kerosene may be used except charcoal lighter fluid. 

(5) A fire extinguisher or water hose shall be connected and available at all times when a recreational fire is active. 

(6) No recreational fire shall exceed three (3) feet in diameter and two (2) feet in height.

            (d) Bonfires shall only be allowed by permit issued by the Fire Chief or his designee pursuant to rules promulgated by the Fire Chief. 

            (e) Fires in an outdoor cooking apparatus are permitted in accordance with the provisions of the International Fire Code. 

            (f) Any person, firm or corporation who shall violate this section is responsible for a municipal civil infraction, subject to payment of a civil fine as provided in section 1-8(c), plus costs and other sanctions, for each infractions.  Repeat offenses shall be subject to increased fines as provided by section 1-8(c) of the city code.  The building inspector, building official, code enforcement officer, all members of the fire department, and all members of the police department are hereby designated as the authorized city officials to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to this section. 

Sec. 13-5. Obnoxious odors; wind, sparks and embers. 

            (a) It shall be a nuisance and unlawful for any person to burn or allow to be burned, at any time or place any materials of any kind which exude obnoxious odors, or when such fire emits excessive smoke, sparks or burning embers upon adjoining, adjacent, neighboring or nearby premises.

            (b) No such burning shall be done at any time or place when wind conditions will create or be apt to create a nuisance to anyone or the property of anyone in the vicinity thereof, or be a danger to the property of any person in the vicinity thereof.

            (c) Any person, firm or corporation who shall violate this section is responsible for a municipal civil infraction, subject to payment of a civil fine as provided in section 1-8(c), plus costs and other sanctions, for each infraction.  Repeat offenses shall be subject to increased fines as provided by section 1-8(c) of this Code.  The building inspector, building official, code enforcement officer, all members of the fire department, and all members of the police department are hereby designated as the authorized city officials to issue municipal civil infraction citations and municipal civil infraction violation notices pursuant to this section.

Section 2.  This Ordinance shall become immediately effective if the Charter Amendment banning open burning fails to pass at the August 3, 2004 election. 

Section 3.        This Ordinance may be purchased or inspected in the City Clerk’s office Monday through Friday between the hours of 9:00am and 5:00pm

Motion supported by Councilperson Sumrack.

Roll Call Vote. 

AYES:               Councilpersons Horvath, Owen and Sumrack.

NAYS:              Mayor Pro-Tem Osika, Councilpersons Ford, Robertson and Mayor Davis.

MOTION TO ADOPT ORDINANCE WAS DEFEATED BY A 4-3 VOTE.

COMMUNICATIONS

Owosso Parks and Recreation Commission.  Letter of resignation.

Owosso Historical Commission.  Letter of recommendation for Curwood Festival Brick Project.

William C. Brown, City Attorney.  Letter regarding status of Owosso Drain Appeals.

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

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

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

Owosso Historical Commission.  Minutes of Meeting of April 20, 2004.

Owosso Zoning Board of Appeals.  Minutes of Meeting April 20, 2004.

Mayor Davis commented regarding an invitation for volunteers to assist in a May 8th workday at the railroad museum on South Washington Street.

CITIZEN COMMENTS

Debbie Leslie, 5095 East Shipman Road, Corunna, introduced herself as a candidate for County Register of Deeds.

William Owen, 1309 Herman Street, commented regarding possible contamination at the Oliver Machinery site.

Betty Coon, 1204 Palmer Street, commented regarding her understanding of Saturdays being included in proposed ordinance.

David Pyke, 1401 North Hickory Street, commented regarding city manager.

Burton Fox, 216 East Oliver Street, asked for the status of the old hotel and also commented that Owosso would be a “cool city” if we could breathe clean air.

Shelva Cebulski, 1243 Marion Street, commented in support of smoke free Saturdays.

Philip Hathaway, Director of Community Development, responded to Mr. Fox’s question about the old hotel.

Mrs. Coon asked for clarification of proposed burning ordinance regarding Saturdays.

Mayor Davis commented regarding a recent letter written by Mr. LaRue in a local newspaper.

There was Council discussion regarding “what is next on a burning ordinance”.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 9:17 p.m., supported by Councilperson Sumrack and concurred in by unanimous vote.

John C.M. Davis, Mayor

Gail L. Schultz, City Clerk