City Council Minutes

PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 REV. JOHN DOWNING
                        ST. JOHN’S UNITED CHURCH OF CHRIST

PLEDGE OF ALLEGIANCE:      CATHY STEVENSON

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 the following item of business:  1) Use of Old Hotel Site.  Motion supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF APRIL 18, 2005

Motion by Mayor Pro-Tem Osika to approve the Minutes of the Regular Meeting of April 18, 2005 as presented.  Motion supported by Councilperson Robertson and concurred in by unanimous vote.

MAYOR DAVIS READ THE RULES FOR ADDRESSING THE CITY COUNCIL.

PROCLAMATIONS / SPECIAL PRESENTATIONS

Proclamation– Relay for Life Days.  Mayor Davis and Mayor Pro-Tem Osika read the following proclamation of the Mayor’s Office declaring May 20 & 21, 2005 as “Relay for Life” Days in the City of Owosso:

A PROCLAMATION
OF THE MAYOR’S OFFICE OF THE CITY OF OWOSSO, MICHIGAN
DESIGNATING MAY 2O & 21, 2005 AS
“RELAY FOR LIFE” DAYS IN THE CITY OF OWOSSO

WHEREAS, “Relay for Life” is the American Cancer Society’s signature event developed to make a difference in the fight against cancer; and

WHEREAS, “Relay for Life” is designed to bring the community together to benefit cancer research and education programs and services; and

WHEREAS, the Mayor’s Office of the City of Owosso is desirous of joining the sponsors in their campaign to raise funds in our community by encouraging people to participate in “Relay for Life” activities on Friday, May 20th and Saturday, May 21st, 2005; and

WHEREAS, the theme for this year’s campaign is “PAINT THE TOWN PURPLE.

NOW, THEREFORE, I, John C.M. Davis, Mayor of the City of Owosso, Michigan, do hereby proclaim MAY 20^th & 21^st, 2005 as “RELAY FOR LIFE” Days in the City of Owosso, Michigan; and

BE IT FURTHER PROCLAIMED THAT the City of Owosso is PURPLE during the month of May in recognition of this valuable lifesaving program.

Cathy Stevenson accepted the proclamation on behalf of the “Relay for Life” event organizers.

PUBLIC HEARING

BUDGET HEARING

The Public Hearing pursuant to Chapter 8, Section 4 of the City Charter was conducted to receive citizen comments regarding the proposed 2005-2006 City Budget.  There were no public comments.

CITIZEN COMMENTS

Burton Fox, 216 East Oliver Street, addressed the City Council regarding the inability of local contractors to use the City’s brush and leaf dump site.

Girard Dion, 821 South Washington Street, addressed the City Council regarding the proposed water rate increase.  He commented that he would like to see the sewer system improved.

Councilperson Horvath asked Utilities Director Gary Burk to respond to Mr. Dion’s comments.

CONSENT AGENDA

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

Conduct First Reading and Set Public Hearing-Ordinance Amendment

The First Reading on the proposed Ordinance Amendment was held.

A public hearing was set for May 16, 2005 to receive citizen comment regarding a proposed ordinance amendment to Chapter 19, Offenses, Article III, Offenses Against the Person, Section 19-46, Assault and Battery, of the Code of Ordinances of the City of Owosso, Michigan, as follows:

AN ORDINANCE TO AMEND CHAPTER 19, OFFENSES, ARTICLE III, OFFENSES AGAINST THE PERSON, SECTION 19-46, ASSAULT AND BATTERY, OF THE CODE OF ORDINANCES OF THE CITY OF OWOSSO, MICHIGAN.

THE CITY OF OWOSSO ORDAINS:

Section 1. That Chapter 19, Offenses, Article III, Offenses Against the Person, Section 19-46, Assault and Battery, of the Code of Ordinance of the City of Owosso, Michigan, shall be and the same is hereby amended to read as follows:       

Sec. 19-46.  Assault and Battery.

(a)             It shall be unlawful for any person to commit an assault, or an assault and battery on any other person.

(b)             A person who commits an assault or assault and battery on an individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

Section 2. This ordinance shall take effect 20 days after its adoption.

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.

Bid Award.  Accepted low bid of North American Door for the purchase and installation of a steel overhead door for the Public Works Department Salt Barn in the amount of $7,165.00.

Bid Award.  Accepted low bid of Municipal Supply for the purchase of 6-inch and 8-inch ductile iron water main in the amount of $9.06 per foot and $12.48 per foot, respectively.

Bid Award.  Accepted low bid of Diesel Truck Sales for the purchase of two truck and cab chassis in the amount of $59,268.00 each.

Contract Payment.  Authorized Progress Payment No. 1 to North American Dismantling Corporation in the amount of $98,000.00 for work completed through April 23, 2005 on the Hotel Demolition Project.

Warrant No. 311.  Accepted Warrant No. 311 as follows:
 

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:  None. 

ITEMS OF BUSINESS

USE OF OLD HOTEL SITE

Director of Community Development Philip Hathaway addressed the City Council regarding the staff request to enter into an agreement with Gilbert’s True Value Hardware for mutual property use rights.

Motion by Councilperson Robertson to authorize Director of Community Development Director Philip Hathaway to proceed with negotiations for a preliminary development agreement with Gilbert’s True Value Hardware for the purpose of establishing mutual property use rights as it relates to the old hotel site.

Motion supported by Councilperson Ford.

Roll Call Vote.

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

NAYS:  None.

CONTRACT PAYMENT

Councilperson Sumrack questioned the amount of the payment for Trust Thermal Abatement.  He expressed concerns with the amount being higher than he anticipated at this time.  There was discussion regarding the estimated costs.

Motion by Councilperson Sumrack to table the issue until further information was available.

Motion supported by Councilperson Owen.

Roll Call Vote.

AYES:  Councilpersons Owen, Sumrack and Horvath.

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

Motion failed for lack of support.

Motion by Councilperson Owen to recess for five minutes to allow staff time to obtain information from prior council meeting related to the approval of the contract agreement for Trust Thermal Abatement.

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

There was further discussion regarding the project cost estimates, length of time left for sample testing, number of samples taken, and equipment delay.

Motion by Councilperson Ford to authorize Progress Payment No. 1 to Trust Thermal Abatement in the amount of $4,855.00 for work completed through April 21, 2005 on the Hotel Demolition.

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:  None.

COMMUNICATIONS

Mayor Davis read the letter of thanks regarding quality of emergency services from A.E. Kerscher. S.

David Lazar, Owner, Treasures Antiques & Collectibles.  Letter of thanks regarding downtown parking.

Michigan Liquor Control Commission.  Notice of application for Specially Designated Merchant License.

Owosso Historical Commission.  Minutes of Meeting of April 19, 2005.

Shiawassee Area Transportation Agency.  Minutes of Meetings of March 8, 2005 and April 12, 2005.

CITIZEN COMMENTS

Jim Gilmore, 532 Randolph Street, addressed the City Council regarding the young people using the skate park and encouraged the City to not eliminate the skate park.

Girard Dion, 821 South Washington Street, commented again regarding his concerns about the need for sewer system improvements.

ADJOURNMENT

Motion by Councilperson Ford for adjournment at 8:28 p.m., supported by Councilperson Owen and concurred in by unanimous vote.                       _____________________________________                                                            John C.M. Davis, Mayor

_____________________________________                                                            Gail L. Schultz, City Clerk