City Council Minutes

PRESIDING OFFICER:              MAYOR JOHN C.M. DAVIS

OPENING PRAYER:                 REV. KENNETH HERBRUCK
OWOSSO ASSEMBLY OF GOD

PLEDGE OF ALLEGIANCE:      MAYOR PRO-TEM SUSAN J. OSIKA

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

ABSENT:                                  Councilperson Joane E. Ford.

APPROVE AGENDA

Motion by Mayor Pro-Tem Osika to approve the Agenda as presented with the following additions:  Proclamations/Special Presentations #3 - Director of Public Safety Michael Compeau and Items of Business #3 – Sale of Property. Motion supported by Councilperson Sumrack and concurred in by unanimous vote.

APPROVE MINUTES – REGULAR MEETING OF JUNE 20, 2005

Motion by Councilperson Robertson to approve the Minutes of the Regular Meeting of June 20, 2005 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

RESOLUTION OF APPRECIATION

Representatives of the Owosso Kiwanis Club were in attendance to receive the resolution of appreciation.  Mr. Bill Burk commented about the Kiwanis involvement in this Heritage Foot Bridge project and other community projects.

Motion by Mayor Pro-Tem Osika to adopt the following Resolution in appreciation of the work completed on the Heritage Foot Bridge deck replacement project by the Owosso Kiwanis Club:

A RESOLUTION OF APPRECIATION
FROM THE COUNCIL OF THE CITY OF OWOSSO, MICHIGAN
TO THE OWOSSO KIWANIS CLUB

WHEREAS,      the Heritage Footbridge in Curwood Castle Park is a community fixture of great value and now over 20 years old; and

WHEREAS,      the Footbridge requires maintenance for security, safety, and appearance; and

WHEREAS,      local government resources for development and maintenance of park facilities have entered a time of scarcity while needs continue to rise; and

WHEREAS,      the Owosso Kiwanis Club—with its venerable record of philanthropy and deserving of the motto, “We Build”—has entered into a partnership with the City for the replacement of the Footbridge decking; and

WHEREAS,      through the volunteer efforts of the Owosso Kiwanis Club, the Footbridge decking is now replaced and installed in a timely manner and with superb workmanship.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Owosso recognizes the Owosso Kiwanis Club for its generous contribution of time, expertise, and equipment.

FURTHERMORE, BE IT RESOLVED, that the Owosso Kiwanis Club is conferred the Council’s and Community’s sincerest gratitude and commendation for this exemplary project and for the decades of service to the City’s park facilities.

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

PRESENTATION OF PINS TO ROTARY EXCHANGE STUDENTS

Mayor Davis presented City of Owosso lapel pins to outbound Rotary Exchange Student Amy Bartz.  Miss Bartz was accompanied by Dianne Rodgers, Owosso Rotary Club representative for the Exchange Student Program.

PRESENTATION-DIRECTOR OF PUBLIC SAFETY

Director of Public Safety Michael Compeau read the following statement informing the City Council that an agreement had been reached with Local 504, IAFF members regarding the Charles Schaufele issue:  A complaint was made against the Deputy Fire Director of the City of Owosso.  This complaint was investigated and the Deputy Director has returned to work.  After further review and in the best interest of continued relationship between the City of Owosso and the firefighter union, the Deputy Director has agreed to move into the position of the City Fire Marshal.  Labor disputes occur from time to time in organizations.  In this particular case, the union and management have worked hard to come to an amicable agreement.  Both the union and management consider this matter resolved and we look forward to working together in the future.

CITIZEN COMMENTS

Genevieve Viers, 921 Beehler Street, inquired about the clean up of the Vaungarde property.

Ryan Mowatt, 809 Grace Street, commented regarding a car being stolen and his feelings that there was a lack of investigation in the matter.

Dan Brazil, 1126 Harding Street, addressed the City Council in support of Charles Schaufele. He also commented that he doesn’t feel that the City Manager and Director of Public Safety should be harangued.

Dave Smith, 1308 Whitehaven Court, commented in support of Mr. Schaufele and his family.

Andrew Smith, 1316 Huntington Drive, commented regarding his experience as a ride along student and no longer being allowed to do that.  He also commented in support of the firefighters.

Tom Louks, 618 Union Avenue, spoke in support of Mr. Schaufele.

Paul Dinkins, 217 East King Street, thanked the City Council for reaching a partial completion to the current problem.  He repeated his comments from the previous meeting.  He commented further regarding his fire fighting experiences.

Burton Fox, 216 East Oliver Street, commented regarding the Department of Public Safety organization.

Terry Carriveau, 114 North Howell Street, commented regarding the current way of handling ambulance runs outside of the city and mutual aid.

Mayor Davis read a letter from Jim Civille, 403 West Oliver Street, in support of Mr. Schaufele.

William Owen, 1309 Herman Street, commented regarding missing panels on the Mathews Building and the need for repair.

William West, former Fire Department Capitan, commented regarding his training as a firefighter.  He also commented that he didn’t recall any firefighter asking that Mr. Schaufele be fired.  He also commented regarding Public Safety Director Compeau’s response to his complaint.

Robert Zachar, 906 Beehler Street, commented regarding the Vaungarde fire cleanup and inquired about a time line for cleanup.

City Manager Guetschow responded that the notices have been sent to Vaungarde property owners. 

Director of Community Development Philip Hathaway commented regarding speaking to the owner’s representative on Friday and the time line for cleanup.

Councilperson Owen asked that an alternate member be appointed the SATA board.

Councilperson Sumrack asked for staff to expand on the City Fire Marshal position.  He inquired about the status of the Deputy Director-Fire position.  He was advised that, as part of the agreement reached with the union, the position will remain vacant until January 6, 2006 to allow for further review with union input.  He commented regarding the change.

CONSENT AGENDA

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

Deed of Easement-Twenty-one Day Posting Period.  Received deed of easement to Owosso Limited Dividend Housing Association, L.P. for the Kona Villa gazebo encroachment onto Collamer Park and filed with the City Clerk until the meeting of August 1, 2005 to allow for the twenty-one day public inspection period as follows:

DEED OF EASEMENT

            THIS DEED OF EASEMENT is made this ___ day of ­­­­­___________, 2005, between the CITY OF OWOSSO, a Michigan municipal corporation, of 301 West Main Street, Owosso, Michigan 488676, as Grantor and OWOSSO LIMITED DIVIDEND HOUSING ASSOCIATION, L.P., 108 South University, Mt. Pleasant, Michigan 48868, as Grantee.

            WHEREAS, the Grantee owns a certain parcel of real estate and a portion of the gazebo on said parcel protrudes into a portion of Collamer Park owned by Grantor, as shown on the attached ACTA/ACSM Land Title Survey for Millenia Project:

            NOW, THIS DEED WITNESSETH that the Grantor herby grants unto the Grantee, its heirs and assigns, an easement for the purpose of allowing the gazebo to remain on Collamer Park to the extent of 5.25 feet as described in the attached ACTA/ACSM Land Title Survey for Millenia Project.

            This easement shall terminate when the gazebo is removed and the use discontinued or over fifty (50%) percent of its value is destroyed.  Upon termination of this Easement, Grantee shall return the premises to a clean and level condition.  Any new buildings or additions constructed on the premises shall comply with all zoning ordinances including set back requirements.

            Grantor shall indemnify, hold harmless and defend Grantee from any claims arising from the use of the premises and this Deed of Easement.

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

Traffic Control Order No. 1146.  Authorized Traffic Control Order No. 1146 for “No Stopping, Standing, or Parking” on the north side of Williams Street from Pine Street to Shiawassee Street (rescinding TCO 963 which allowed parking in this area).         

Traffic Control Order No. 1147.  Authorized Traffic Control Order No. 1147 for stop signs on westbound Alturas Drive at Center Street and westbound Hiawatha Drive at Center Street.            

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Ford.

ITEMS OF BUSINESS

PROPOSED BY-LAWS- DOWNTOWN DEVELOPMENT AUTHORITY

Motion by Councilperson Horvath to adopt proposed amendment to the Downtown Development Authority By-Laws as follows:

            Section B. 3.  Board members are expected to attend all regular meetings and special meetings.  Unexcused absence from any two meetings in a twelve-month period or excused absence from any three meetings in a twelve-month period shall be grounds for dismissal according to Section 4(2) of Act 197 of 1975, as amended.  An excused absence means informing the Executive Director by noon of the prior day to the scheduled regular or special meeting.  The Mayor shall first ask the member to voluntarily resign.  If voluntary resignation is not offered, the procedure from the aforementioned section of Act 197 shall be followed—that is, “Pursuant to notice and after having been given an opportunity to be heard, a member of the board may be removed for cause by the [City Council of the City of Owosso].  Removal of a member is subject to review by the Circuit Court.”

Motion supported by Councilperson Robertson.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Ford.

EXECUTIVE SESSION

City Attorney William Brown advised City Council that this matter did not require council authorization because of Mr. Schaufele’s request that it be held in Closed Session.

An executive session was scheduled for the conclusion of regular business for the purpose of discussing collective bargaining negotiations and the complaint against Charles Schaufele.

PROPERTY SALE

Motion by Mayor Pro-Tem Osika to authorize the sale of property described as:  PT OF NE ¼ SEC 25 T7N R2E BEG 664.66’ S OF N ¼ COR TH S 40*49’31” W 250.86’ TH N55*05’04” W TO SLY R/W LN HWY M-52 TH NE’LY TO POB to Baker College of Owosso, 1020 South Washington Street, Owosso, Michigan for One Dollar ($1.00)

Motion supported by Councilperson Horvath.

Roll Call Vote.

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

NAYS:              None.

ABSTAIN:         Councilperson Sumrack (because of his employment with Baker College).

ABSENT:          Councilperson Ford.

COMMUNICATIONS

Gary M. Burk, Utilities Director.  June 2005 Drinking Water Quality Report.

Owosso Historical Commission.  Minutes of Meeting of June 21, 2005.

CITIZEN COMMENTS

Betty Coon, 1204 Palmer Street, addressed the City Council regarding ambulance transfer service and position shifting with the same pay.

Paul Dinkins, 217 East King Street, commented further regarding his suggestion to appoint a firefighter advisory committee.

Ryan Mowatt, 809 Grace Street, commented further regarding the stolen car. He commented that he doesn’t feel that the detectives are doing their job.

Shelva Cebulski, 1243 Marion Street, inquired about the status of former Fire Department Captain William West.

Charles Wisenburger, 808 Michigan Avenue, commented in support of Mr. Schaufele.

Lisa West, 2450 West Krouse Road, commented regarding diversity training and the use of inappropriate language by management.

Monica Harper, 711 Abrey Avenue, addressed the City Council in support of her Father, Mr. Schaufele.

Tom Sheridan, 5469 Hintz Road, addressed the City Council regarding Charles Schaufele and his relationship with him on the SCCU Board of Directors. He said that he feels that the people are fortunate to have someone of his quality serve them.

City Manager Guetschow responded to Ms. Cebulski’s question about William West.

ADJOURN TO EXECUTIVE SESSION

Motion by Councilperson Owen to adjourn to Executive Session at 8:24 p.m. 

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

THE CITY COUNCIL ADJOURNED TO EXECUTIVE SESSION AT 8:24 P.M.

THE CITY COUNCIL RETURNED FROM EXECUTIVE SESSION AT 10:28 P.M.

APPROVE MAY 16, 2005 EXECUTIVE SESSION MINUTES

Motion by Councilperson Robertson to approve the May 16, 2005 Executive Session Minutes as corrected.  Motion supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.

RESOLUTION

Motion by Councilperson Robertson to adopt a resolution of satisfaction with the investigation done by and disciplinary action taken by Director of Public Safety Compeau in regard to allegations by members of the Owosso Fire Department against Deputy Public Safety Director Charles Schaufele as follows:

Be it resolved, Owosso City Councilmembers present tonight July 5, 2005 are satisfied with the investigation done by and disciplinary action taken by Director of Public Safety Michael Compeau in regard to allegations by members of the Owosso Fire Department against Deputy Public Safety Director Charles Schaufele.

Motion supported by Mayor Pro-Tem Osika.

Roll Call Vote.

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

NAYS:              None.

ABSENT:          Councilperson Ford.

ADJOURNMENT

Motion by Councilperson Owen for adjournment at 10:30 p.m., supported by Mayor Pro-Tem Osika and concurred in by unanimous vote.                        _____________________________________                                                            John C.M. Davis, Mayor

_____________________________________                                                            Gail L. Schultz, City Clerk