OWOSSO CITY COUNCIL

PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 CITY MANAGER GREGG G. GUETSCHOW

PLEDGE OF ALLEGIANCE:      CITY MANAGER GREGG G. GUETSCHOW

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 Proclamation under Special Presentations.  Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF AUGUST 2, 2004

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of August 2, 2004 as presented with the spelling correction of EASEMENT on page 16.  Motion supported by Councilperson Robertson and concurred in by unanimous vote.

Mayor Davis read the Rules for Addressing the City Council.

PROCLAMATIONS / SPECIAL PRESENTATIONS

Presentation by Curwood Festival, Inc.

Sue Luft, Dave Minarik, Deb Adams, and Lon Horton, Curwood Festival representatives, presented two $1,000 checks to the City to be used for the Curwood Castle maintenance and the Footbridge repair funds.

Proclamation welcoming new Owosso High School Football Coach Jason Mensing.

Mayor Davis presented the following proclamation to Jason Mensing welcoming him to the community:

A PROCLAMATION

OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN

WELCOMING JASON MENSING

WHEREAS, Jason Mensing has been appointed head football coach at Owosso High School, has assumed the duties of this position and is preparing his team for the upcoming fall season; and

WHEREAS, under Mr. Mensing’s leadership, Owosso High School’s football program will be a significant influence on the development of character and citizenship in its participants, instilling in them virtues and values important to individual and community success including team work, sportsmanship, fair play, personal courage and perseverance; and

WHEREAS, the efforts of Mr. Mensing, his staff and his players continue an important Owosso tradition in which thousands of local residents gather at Wilman Field on several autumn evenings for the enjoyment of sport and music and fellowship and community;

NOW, THEREFORE, I, John C. M. Davis, Mayor of the City of Owosso, on behalf of the City Council and all Owosso residents, do hereby welcome Jason Mensing to the community and wish him the best of success for the 2004 football season and for the remainder of his career at Owosso High School.

Proclaimed this 16th day of August 2004.

PUBLIC HEARING

ORDINANCE AMENDMENT

ORDINANCE NO. 659

City Manager Gregg Guetschow commented regarding the new standards in building codes that require the City to amend the ordinance.

The public hearing was conducted to receive citizen comment regarding proposed amendments to Chapter 14, Flood Protection, Article III, Section 14-49, Specific Standards, as it relates to new standards for building in the flood plain.  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 Ford that the following Ordinance be adopted:

ORDINANCE NO. 659

AN ORDINANCE TO AMEND CHAPTER 14, FLOOD PROTECTION, ARTICLE III, STANDARDS, SECTION 14-49, SPECIFIC STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

Section 1. That Chapter 14, Flood Protection, Article III, Standards, Section 14-49, Specific Standards, of the Code of Ordinance of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:       

Sec. 14-49. Specific standards.

In all areas of special flood hazards where base flood elevation data have been provided as set forth in section 14-6 or in section 14-29 the following standards are required:

            (1)        Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above base flood elevation.

            (2)        Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above base flood elevation; or, together with attendant utility and sanitary facilities, shall:

                        a.         Be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

                        b.         Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

                        c.         Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in section 14-30(2).

            (3)        Mobile homes:

                        a.         Mobile homes shall be anchored in accordance with section 14-48(1)b.

                        b.         For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that:

                                    1.         Stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level;

                                    2.         Adequate surface drainage and access for a hauler are provided; and

                                    3.         In the instance of elevation on pilings, that:

                                                i.          Lots are large enough to permit steps;

                                                ii.         Piling foundations are placed in stable soil no more than ten (10) feet apart;

                                                iii.         Reinforcement is provided for pilings more than six (6) feet above the ground level.

c.    No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision.

Section 2. This ordinance shall take effect September 5, 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.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

CITIZEN COMMENTS

County Commissioner Henrietta Sparkes reminded Council that Saturday, August 21^st was the last scheduled Household Waste Collection. She also commented that the County is holding a celebration on August 28^th.  She reported that the County has the house east of the jail for sale.

CONSENT AGENDA

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

Bid Award.  Accepted alternate bid from Carleton Equipment for one (1) hydraulic hammer in the amount of $9,228.00.

Contract Payment.  Authorized Progress Payment No. 5 to Barnhart & Son in the amount of $47,199.75 for work completed on Phase One, Osburn Lakes Site Condominium Project Infrastructure Installation.

Change Order.  Authorized Change Order No. 1 with Collard Masonry for additional work done on the 2004 Sidewalk Repair Program in the amount of $3,613.23.

Contract Payment.  Approved Final Payment in the amount of  $4,930.18 to Collard Masonry for the 2004 Sidewalk Repair Program.

Contract Payment.  Authorized Progress Payment No. 3 to Cobblestone Pavers in the amount of $99,718.75 for work done to date on the Michigan Avenue Reconstruction Project.

Permit Request.  Authorized request from the Kiwanis Club of Owosso to conduct their annual peanut sale September 23-25, 2004 in downtown Owosso.

Permit Request.  Authorized request from Shiawassee County Right to Life to conduct their annual Life Savers fundraiser September 17-18, 2004 in downtown Owosso, with rain dates of October 1-2, 2004.

Board and Commission Appointment.  Accepted the Mayoral appointment of Jennifer Passow to the Owosso Historical Commission for a term ending 12-31-2005 (to fill the unexpired term of Jed Dingens).

Warrant No. 298.  Accepted Warrant No. 298 as follows:

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

ITEMS OF BUSINESS

REVOCATION OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATES

1550 EAST SOUTH STREET

Motion by Mayor Pro-Tem Osika to adopt the following resolutions:

RESOLUTION APPROVING

THE REVOCATION OF THE PERSONAL PROPERTY COMPONENT OF

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE # 93-333

CITY OF OWOSSO

SHIAWASSEE COUNTY, MICHIGAN

WHEREAS, Industrial Facilities Exemption Certificate # 93-333 was issued for real and personal property located at 1550 East South Street to Charmilles Technologies Manufacturing Corporation; and

WHEREAS, Charmilles Technologies Manufacturing Corporation ceased the manufacturing operations of this facility in late 2003; and                                   

WHEREAS, the personal property listed under this exemption certificate were liquidated at auction on January 27, 2004; and

NOW, THEREFORE, BE IT RESOLVED, that the personal property component of Certificate # 93-333 is revoked.

RESOLUTION APPROVING

THE REVOCATION OF THE PERSONAL PROPERTY COMPONENT OF

INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE # 96-299

CITY OF OWOSSO

SHIAWASSEE COUNTY, MICHIGAN

WHEREAS, Industrial Facilities Exemption Certificate # 96-299 was issued for real and personal property located at 1550 East South Street to Charmilles Technologies Manufacturing Corporation; and

WHEREAS, Charmilles Technologies Manufacturing Corporation ceased the manufacturing operations of this facility in late 2003; and                                   

WHEREAS, the personal property listed under this exemption certificate were liquidated at auction on January 27, 2004; and

NOW, THEREFORE, BE IT RESOLVED, that the personal property component of Certificate # 96-299 is revoked.

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

ENERGY COSTS AGREEMENT – TRAFFIC SIGNAL AT M-21 (MAIN STREET)AND CHESTNUT STREET

Motion by Councilperson Robertson to approve an agreement with Michigan Department of Transportation to pay the energy costs for the new traffic signal at M-21 (Main Street) and Chestnut Street and to further authorize the Mayor and City Clerk to execute the appropriate documents as follows:

BELINDA WOLF                                               CONSTRUCTION AS PER PROJECT B176061

CONSUMERS ENERGY COMPANY                    JOB NUMBER 75196 (SEE SHEET #48)

1950 W PARNALL RD                                       COST TO CONTRACTOR $1000.

JACKSON, MI 49201

(800) 805-0490

CONTACT:  MDOT-Lansing Signal Shop CONTRACTOR:  J. RANCK ELECTRIC, INC.

6333 OLD LANSING RD                         1993 GROVER PARKWAY

DIMONDALE, MI 48821                                     P.O. BOX 547

(517) 322-3360                                                 MT PLEASANT, MI 48858

                                                                        (517) 775-7393

                                                                        POWER CONSUMPTION:

                                                                        EXISTING                                             NEW

                                                                                    0          CYCLIC WATTS           5200

                                                                                    0          STEADY WATTS             275

Attention:  BELINDA WOLF

Please supply, install and maintain electrical service and/or supporting structures in accordance with attached Michigan Department of Transportation Plan No. 76061-01-007, dated 07/28/2004 for Barricade Lighting, Traffic Signals or Street Lights.  An annual permit by the Department or an individual permit issued by the appropriate District Office is required to install and maintain facilities necessary to provide electric service connections and/or supporting structures on state right-of-way for span type traffic signals.  Power consumption, in watts, to be used as shown on Plan.

The Department of Transportation or one of its authorized contract agencies will supply, install and maintain service wiring overhead or underground to the utilities point of service connection and also the signals and signs complete with their wiring and controllers.

The Michigan Department of Transportation will underwrite the cost of this work, estimated at (blank space).  This approval is granted with the understanding that this office will be notified in writing as to why the above estimate was exceeded.  List labor, materials and equipment in detail on your company Invoice Voucher and send to the Department of Transportation, Traffic and Safety Division.  Any charges and the applicable tariffs as approved by the Michigan Public Service Commission are subject to review by the Michigan Department of Transportation.

Construction to begin as soon as possible.  Notify the undersigned when construction is completed.

Motion supported by Councilperson Owen.

Roll Call Vote.

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

NAYS:              None.

EXECUTIVE SESSION FOR CITY MANAGER PERFORMANCE

Motion by Mayor Pro-Tem Osika to authorize an Executive Session to discuss City Manager Performance Evaluation postponed from meeting of August 2, 2004.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

COMMUNICATIONS

Stephen Corey, City of Corunna Mayor.  Invitation to bridge dedication.

Gail L. Schultz, City Clerk.  Results of election of August 3, 2004.

Michael T. Compeau, Public Safety Director.  July 2004 Police Division Report.

Michael T. Compeau, Public Safety Director.  July 2004 Fire Division Report.

Downtown Development Authority.  Minutes of Meeting of August 4, 2004.

Gregg Guetschow, City Manager.  Materials for Fifth Monday Meeting.

ADJOURN TO EXECUTIVE SESSION

Motion by Mayor Pro-Tem Osika to adjourn to Executive Session.

Motion supported by Councilperson Ford and concurred in by unanimous vote.

THE CITY COUNCIL ADJOURNED TO EXECUTIVE SESSION AT 7:47 P.M.

THE CITY COUNCIL RETURNED FROM EXECUTIVE SESSION AT 10:00 P.M.

EXECUTIVE SESSION MINUTES – JULY 6, 2004

Motion by Councilperson Robertson to approve Executive Session Minutes from the meeting of July 6, 2004 as presented.  Motion supported by Councilperson Owen and concurred in by unanimous vote.

OTHER BUSINESS

Motion by Mayor Pro-Tem Osika to approve a 2.5% salary increase for the City Manager.

Motion failed for lack of support.

ADJOURNMENT

Motion by Councilperson Robertson for adjournment at 10:02 p.m., supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

John C.M. Davis, Mayor

                                                                                                                        Gail L. Schultz, City Clerk