City Council Minutes

PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 REV. NORMAN BECKWITH
                        TRINITY UNITED METHODIST CHURCH

PLEDGE OF ALLEGIANCE:      DAVID L. PYKE

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 Ford to approve the agenda as presented with the addition of Item of Business #5, SATA Resolution-Reorganization fo the Shiawassee Area Transportation Agency, and with the following changes to the Consent Agenda: #2 Bid Award to become Item of Business #6 and #3 Purchase Authorization to become Item of Business #7.  Motion supported by Councilperson Robertson and concurred in by unanimous vote.

APPROVE MINUTES - REGULAR MEETING OF FEBRUARY 7, 2005

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of February 7, 2005 as presented.  Motion supported by Councilperson Owen and concurred in by unanimous vote.

MAYOR DAVIS READ THE RULES FOR ADDRESSING THE CITY COUNCIL.

CITIZEN COMMENTS

Tom Klockziem, 221 South Cedar Street, addressed City Council regarding the use of South Cedar Street by Main Beverage trucks.  He discussed safety issues, the width of Lynn Street and South Cedar Street, and street surface damage.

Dan Clark, 215 South Cedar Street, showed a video presentation of the South Cedar Street and Lynn Street area that highlighted street surface damage.

Wayne Mahoney, 211 South Cedar Street, commented regarding his letter submitted to Council.  He asked Dorinda Clark to read his letter of request for consideration of pedestrian safety in the area.

Darlene Novak, 814 Lynn Street, commented regarding wires torn off her house by semis.  She further commented that she doesn’t feel that it should be a truck route. 

Marty Stinson, 208 South Cedar Street, read a statement regarding prior designation of South Cedar Street as a non-truck route.  She commented regarding safety issues and the wish to maintain a non-truck route status to maintain pavement condition.

Keith Maike, Main Beverage Company President, commented in response to comments made by neighborhood residents.  He commented that he didn’t feel that the street damage was caused by Main Beverage trucks and safety issues.  He commented that the Company would like to be able to use South Cedar Street if needed during inclement weather and that he didn’t mean to upset the neighbors.

Mark Wolf, 201 South Cedar Street, commented regarding working with Main Beverage and to allow the use of South Cedar Street during inclement weather.  He also commented regarding safety concerns with children in the neighborhood.

Mayor Davis presented a video show regarding traffic at the daycare center on Randolph Street and street damage. He is also concerned about the safety of kids in the area.

Mayor Pro-Tem Osika commented regarding Mr. Maike’s letter from October in which he said that he had contacted the neighbors.  He apologized for the miscommunication and he wants to work with the neighbors. 

Councilperson Sumrack is in agreement that in inclement weather this could be a truck route.  He is concerned about the length of the traffic signal timing and asked that the Michigan Department of Transportation look at this issue.

Mayor Davis commented regarding the button activated signal for “no walk” at Main Street and Gould Street.

City Engineer Ron Baker commented regarding the Michigan Department of Transportation’s formula for determining pedestrian crossing time.

Councilperson Ford commented regarding original decision was about left-turn lanes.

Mayor Pro-Tem Osika commented further regarding other trucks using this street.

CONSENT AGENDA

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

Conduct First Reading and Set Public Hearing

The First Reading on the proposed ordinance amendment was held.

A public hearing was scheduled for March 7, 2005 to receive citizen comment regarding proposed ordinance amendments to Chapter 22, Peddlers, Solicitors and Transient Merchants, of the Code of Ordinances of the City of Owosso, as follows:

ORDINANCE TO REPEAL CHAPTER 22,
SECTIONS 22-16 THROUGH 22-40,
REGARDING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS,
AND ADOPT NEW SECTIONS 22-16 THROUGH 22-24

THE CITY OF OWOSSO ORDAINS:

Section 1.  Those current Sections 22-16 through 22-40 of the Owosso City Code are repealed.

Section 2. The following new sections of the Owosso City Code are adopted:

Sec. 22-16. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Peddler, peddling and peddle mean the practice by any person of traveling to a residence or from residence-to-residence carrying or offering for sale merchandise of any kind or a service of any kind, or taking, or attempting to take, orders for merchandise of any kind or for a service to be performed. Such term shall not include or apply to persons engaged in solicitation, as defined by, and in accordance with, the terms of this chapter, or to persons engaging in the sale of merchandise or services to a particular residence after having previously been invited or requested to do so by the occupant of such residence.

Person means any individual over the age of 19 years, or any partnership, corporation or other entity, including any religious group, political group or organization of any kind.

Solicit and solicitation mean the practice by any person of traveling to a residence or from residence-to-residence requesting donations of money, property or other thing of value, or the selling, or offering to sell, any article, publication or other thing, whether of value or not, where the money, property or thing of value to be donated, or the net proceeds of any such sale, will be used for a nonprofit charitable, religious, patriotic, civic, educational, political, philanthropic or other nonprofit purpose, and will not inure to the benefit of any private shareholder or individual.

Sec. 22-17. Registration.

No person shall solicit or peddle within the City unless such person has filed with the Department of Public Safety, a registration statement containing the information required in section 22.18, and obtained a registration acknowledgement issued in accordance with section 22-20.

Sec. 22-18. Solicitation and peddling registration statement.

The solicitation and peddling registration statement to be prepared and filed under this chapter shall contain the following information:

1.         The name, address and telephone number of the person registering to solicit or peddle.

2.         If the registration is intended to cover more than one individual, the names, addresses and telephone numbers of the registering organization and the individuals who will be in direct charge of conducting the solicitations and peddling.

3.         The purposes, products, and services for which the solicitations and peddling are to be made and a description of the use or disposition to be made of any receipts or proceeds of the solicitations and peddling.

4.         A description of the methods to be used in conducting the solicitations and peddling.

5.         The time when such solicitations or peddling shall occur, including the dates for the beginning and ending of such solicitations and the hours of the day during which solicitations and peddling shall occur.

Sec. 22-19. Filing false registration statement.

It shall be a violation of this chapter for any person to knowingly file, or cause to be filed, a registration statement containing one or more false statements.

Sec. 22-20. Registration acknowledgment issuance; possession and display while soliciting.

a.         Upon the filing of a registration statement containing the information required in section 22-18 and with approval of the Director of Public Safety or his designate, a solicitation and peddling Registration Acknowledgment Form shall be issued to the registered person within three (3) business days.

b.         The individual(s) conducting the soliciting or peddling shall carry the original or a copy of the Registration Acknowledge Form while soliciting or peddling and shall display the form upon request.

c.         The solicitation and peddling registration acknowledgment shall be valid for one year from issuance unless revoked or suspended earlier.

Sec. 22-21. Hours of solicitation.

No solicitation or peddling may be conducted in residential areas before 9:00 a.m. and after sunset in the evening. For purposes of this section, the term “sunset” means the official time published by the United States Weather Service and applicable to the City, except that sunset shall never be deemed to occur prior to 6:00 p.m. or subsequent to 9:00 p.m.

Sec. 22-22. Soliciting and peddling where prohibited.

No solicitor shall enter onto property upon which a “no solicitation” or “no peddlers” sign, or their equivalent, are posted and visible.

Sec. 22-23.  Use of devices to attract attention.

No peddler or solicitor shall shout or cry out his or her goods or merchandise, nor blow any horns, ring any bell or use any other similar device to attract the attention of the public.   

Sec. 22-24.  Suspension and revocation.

The registration acknowledgment issued pursuant to section 22-20 may be suspended or revoked by the director of public safety or his designate if the registrant violates any sections of this Chapter or any statute, ordinance or regulation while conducting the activities regulated by this chapter.

Section 3. This Ordinance shall take effect twenty (20) days after passage.

Section 4. This Ordinance may be purchased or inspected in the City Clerk’s Office, Monday through Friday between the hours of 9:00 am. and 5:00 p.m.

Purchase Authorization. Waived bid irregularities and approved sole source purchase from JWC Environmental for replacement of the wastewater grinder unit at the wastewater treatment plant in an amount not to exceed $22,550.00.

Boards and Commissions Appointments.  Approved the following Mayoral boards and commissions appointments: William M. Gregory to the Downtown Loan Committee and John Hankerd to the Downtown Development Authority to fill the unexpired term of Risto Nicevski expiring June 30, 2006.

Traffic Control Order No. 1141.  Authorized Traffic Control Order No. 1141 for handicap parking, the 1^st space on north side of the 100 block of East Comstock Street.

Traffic Control Order No. 1142.  Authorized Traffic Control Order No. 1142 for 2 hour parking, the 3rd space, on north side of the 100 block of East Comstock Street.

Warrant No. 307.  Accepted Warrant No. 307 as follows:

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

ITEMS OF BUSINESS

SOUTH CEDAR STREET TRUCK ROUTE

The City Council discussed the safety issues, street maintenance condition and effects of the truck route on South Cedar Street.

Motion by Mayor Pro-Tem Osika to revert back to prior street usage with the exception of allowing South Cedar Street truck traffic only when snow is piled high in the middle of the West Main Street and Lansing Street intersection.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

CONTRACT AGREEMENT

Motion by Mayor Pro-Tem Osika to authorize a Contract Agreement with Layne Northern Company for well cleaning and pump inspection for Hintz Well in the amount of $15,350.00.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

CONTRACT EXTENSION AUTHORIZATION

Motion by Councilperson Owen to authorize a one-year extension of the 2004 agreement with Highway Maintenance and Construction Company for chipseal used in the Seal Coat program.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

PARK STREET SAFETY STUDY

The City Council discussed the Staff report on the Safety Study of intersections of North Park Street at Exchange Street and at Mason Street.  There was no further action taken.

SATA RESOLUTION - Reorganization of the Shiawassee Area Transportation Agency

Motion by Councilperson Robertson to adopt a resolution of support of efforts to explore an alternative organizational structure for SATA and appoint Councilperson Owen to serve as City representative to the SATA Reorganization Committee as follows:

Reorganization of the Shiawassee Area Transportation Agency

WHEREAS,      the Board of Directors of the Shiawassee Area Transportation Agency have determined that the needs of the community for a sound system of public transportation warrant exploring an alternative organizational structure for the Agency including the possibility of reorganizing as a transportation authority; and

WHEREAS,      the cities of Owosso, Durand, Corunna and Perry and the Charter Township of Caledonia are being asked to designate a representative to serve on a SATA Reorganization Committee, which committee will meet at the convenience of the appointees and will hold its first meeting not later than March 11, 2005; and

WHEREAS,      SATA Reorganization Committee recommendations for changes in SATA’s organizational structure will be presented to each governmental unit for approval before any change is implemented.

NOW, THEREFORE, BE IT RESOLVED, that the Owosso City Council supports the efforts to explore an alternative organizational structure for SATA and appoints Councilperson Mark D. Owen to serve as its representative to the SATA Reorganization Committee.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              None.

BID AWARD

Councilperson Owen commented regarding recent discussion about the Pool and current financial status.  City Manager Guetschow reported that the roof was in appalling condition.

Motion by Councilperson Owen to accept the low bid of Home Depot for construction materials for a pitched roof on the building at Grove-Holman Pool, in the amount of $9,146.95.

Motion supported by Councilperson Sumrack.

Roll Call Vote.

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

NAYS:              None.

PURCHASE AUTHORIZATION

Councilperson Sumrack commented regarding the purchase of light poles when there are budget concerns.  City Engineer Baker commented on the need to replace a light pole and to replenish inventory.  There was further discussion regarding the purchase.

Motion by Councilperson Robertson to authorize the purchase of 10 Chairman Light poles from the Dynamic Group in the amount of $9,550.00.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:              Councilperson Sumrack.

COMMUNICATIONS

Piper E. Brewer, Shiawassee Arts Council Executive Director.  Letter of thanks for City support.

John F. Archer, Building Official.  January 2005 Building Department Report.

John F. Archer, Building Official.  January 2005 Code Violations Report.

Michael T. Compeau, Public Safety Director.  January 2005 Fire Department Report.

Owosso Planning Commission.  Minutes of Meeting of January 24, 2005.

Owosso Zoning Board of Appeals.  Minutes of Meeting of February 15, 2005.

Shiawassee Area Transportation Agency.  Minutes of Meeting of January 11, 2005.

Shiawassee Area Transportation Agency.  Minutes of Special Meeting of January 20, 2005.

City Clerk Schultz announced the MML Legislative Conference in March and asked for council response for registration purposes.

CITIZEN COMMENTS

Tom Klockziem, 221 South Cedar Street, commented regarding street measurement and asked that the City make sure that our measurements are correct.  Mr. Klockziem also thanked the City Council and Main Beverage for their consideration.

Marty Stinson, 208 South Cedar Street, thanked the City Council and Main Beverage for their consideration.

City Manager Guetschow and City Engineer Baker commented that the street measurements are of the public right of way – property line to property line. 

Mayor Davis commented regarding consideration of a button activated walk/wait control for Main Street and Cedar Street.

Wayne Mahoney, 211 South Cedar Street, commented regarding the Main Street and Shiawassee Street button activated walk signal.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 8:34 p.m., supported by Councilperson Sumrack and concurred in by unanimous vote.                       
 _____________________________________                                                            John C.M. Davis, Mayor

_____________________________________                                                            Gail L. Schultz, City Clerk